Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION

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

Vol. 146 WASHINGTON, TUESDAY, APRIL 4, 2000 No. 40 House of Representatives The House met at 9:30 a.m. colleagues the March 26 article in the crease. Both the employer and the em- f Washington Post which highlights the ployee pay these payroll taxes with the tax cutting success of the Republicans employer passing his burden to the em- MESSAGE FROM THE SENATE here in Congress. The title reads, ployee through the form of lower A message from the Senate by Mr. quote, ‘‘Federal Tax Levels Falls For wages. If we combine the employer/em- Lundregan, one of its clerks, an- Most,’’ end quote. ployee share of payroll taxes, the bur- nounced that the Senate has passed The article highlights studies con- den is 15.3 percent, which exceeds the without amendments bills of the House ducted by a number of tax experts Federal income tax. of the following titles: which have concluded that the median We also have other Federal taxes H.R. 1374. An act to designate the United two-income family pays less in Federal such as the estate tax, the corporate States Post Office building located at 680 taxes today than it did in 1981. Now, income tax, various excise taxes paid U.S. Highway 130 in Hamilton, New Jersey, the figures may differ a little bit from by businesses which are passed on to as the ‘‘John K. Rafferty Hamilton Post Of- the Congressional Budget Office, the the American taxpayers in the form of fice Building’’. Treasury Department, or the Tax H.R. 3189. An act to designate the United higher consumer prices or in the re- Foundation depending upon the level of duced value of assets. States post office located at 14071 Peyton the two-family income. Drive in Chino Hills, California, as the ‘‘Jo- The percentage of Federal income Finally, of course, there are the seph Ileto Post Office’’. taxes paid has decreased anywhere State and local income taxes which The message also announced that from 2 percent to 3 percent. Most nota- surprisingly represent a higher amount pursuant to Public Law 105–134, the bly, the Tax Foundation study shows of the tax burden compared with just Amtrak Reform and Accountability that in 1998, a two-earner family with the Federal income tax. The percent- Act of 1997, the Chair announces the an income of $68,605 paid 8.8 percent in age of income paid in State and local appointment of the following indi- Federal income taxes, roughly the taxes is 13.1%. This amount is 4.3% vidual, appointed by the Minority same percentage as in 1955. The Tax more than paid in federal income taxes Leader of the United States Senate, to Foundation credits much of the drop in on median two income families. the Amtrak Reform Council: James E. the percentage paid in taxes to the en- So by adding the payroll tax, all Fed- Coston of Illinois vice Donald R. Sweit- actment of the Taxpayer Relief Act of eral taxes, State and local taxes, the zer of Virginia. 1997. In particular, families received median two-earner family is paying 39 f much of the relief through the per- percent of its income in total taxes. child tax credit and the Hope and Life- MORNING HOUR DEBATES Now, in 1996 the total tax burden was time Learning Education credits. The SPEAKER. Pursuant to the In the 106th Congress, we are going a 41.5 percent, so we have seen some re- order of the House of January 19, 1999, step further by eliminating the mar- lief due to the Republicans’ initiatives. the Chair will now recognize Members riage penalty tax, reducing the so- Compare the total burden today to from lists submitted by the majority called death tax and allowing self-em- 1955, when the two-earner family paid and minority leaders for morning hour ployed people to deduct 100 percent of only 18.2 percent total taxes. That is an debates. The Chair will alternate rec- their health insurance costs. enormous increase over 43 years, and I ognition between the parties, with each So, Mr. Speaker, we have made great believe it shows that the publicity over party limited to not to exceed 30 min- strides here in Congress to reduce the the reduction in the Federal income utes, and each Member except the ma- Federal income tax burden on the tax burden, while important, masks jority leader, the minority leader or American taxpayer, but I believe there the magnitude of the total tax burden the minority whip limited to not to ex- is more to be done. Though the average on Americans. We need to continue to ceed 5 minutes. American family is paying somewhat provide relief from the estate and gift The Chair recognizes the gentleman less in Federal income taxes, Mr. tax, reduce the capital gains taxes, en- from Florida (Mr. STEARNS) for 5 min- Speaker, the Tax Foundation report courage State and local governments utes. also shows that the total tax burden to provide additional tax relief for all Americans. f for the median two-earner family is 39 percent. For instance, there is the pay- We are making progress, Mr. Speak- THE TOTAL TAX BURDEN roll tax which pays for Social Security, er. Let us continue to work harder here Mr. STEARNS. Mr. Speaker, I would disability insurance and hospital por- and to do more for the American peo- like to bring to the attention of my tion of Medicare. These continue to in- ple.

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

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VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1678 CONGRESSIONAL RECORD — HOUSE April 4, 2000 UNDERGROUND CAMPAIGN filed and paid, are essentially sub- ergy solutions. Here at home, Mr. DISCLOSURE ACT sidizing these 527 loophole organiza- Speaker, in the United States, the The SPEAKER pro tempore (Mr. tions, I believe that all of us have a House Democrats are working to en- RYAN of Wisconsin). Under the Speak- right to know what these clandestine sure our Nation’s long-term energy se- er’s announced policy of January 19, groups are doing, who is giving and curity while encouraging growth in our 1999, the gentleman from Texas (Mr. how their money is spent. economy. We are working to reduce our DOGGETT) is recognized during morning This legislation that I am intro- reliance on fossil fuels and gas guzzling hour debates for 5 minutes. ducing would implement the rec- vehicles, increase energy conservation Mr. DOGGETT. Mr. Speaker, there is ommendations of the nonpartisan Con- and protect our domestic and global a new, rather innocuous-sounding term gressional Joint Committee on Tax- environment. that embodies much of what is wrong ation, which only recently concluded I should add that the threats of cli- with our campaign finance system in that ‘‘the special status accorded mate change are very real. The past America today. It is called the ‘‘527’’. It [these 527’s] under present law justifies decade has seen some of the largest is not a bird; it is not a plane; but it is this public disclosure.’’ temperature increases on record. The the Superman, the super weapon, of Under my legislation, when the at- impacts of climate change could in- choice for American politics in this tack ads hit the airwaves, we can at clude more extreme weather events, election year. least identify the attackers. sea level rise, erosion, changes in rain- With unlimited amounts of hidden Though my home State of Texas has fall patterns, increases in disease campaign money, 527 organizations are the most polluted city in America, a epidemics, and changes in agricultural filling our airwaves with hate and our Texas-based Republican 527 group ran production. And even if we act now, it mailboxes with misinformation. 527 attack ads in New York against Sen- will take many years to reverse the simply refers to section 527 of the In- ator MCCAIN about air pollution. trend of increasing atmospheric con- ternal Revenue Code. It was actually Drug manufacturers, who have in- centrations of greenhouse gases. enacted back in the Watergate era to sisted on discriminating against unin- Democrats, Mr. Speaker, in the respond to abuses at that time. But sured seniors by charging them over House are trying to be practical. We now it is as if we have been revisited by twice as much as their most favored are supporting measures in the admin- the ghost of Nixon and all the wrong- customers on needed prescriptions, istration’s budget proposal that would doing of the Committee for the Reelec- have founded a Republican-friendly promote energy efficient and renewable tion of the President, better known as group that has mislabeled itself ‘‘Citi- energy technologies in the United CREEP. zens for Better Medicare.’’ This 527 is States and abroad, and that would re- Roll Call first reported on this phe- committed to spending over $30 million duce emissions that harm people’s nomenon last fall; and with a clever this year to block reform, and, indeed, health and degrade our natural re- and somewhat humorous cartoon, as it has already run attack ads against sources. We are also working with shown on this blowup, it referred to some of the very people who are trying other nations to promote the develop- ‘‘Introducing the New 527 Loophole to change the law to help seniors on ment and export of U.S. clean-energy Airbus.’’ their prescriptions. technologies and reduce emissions in Since the exploitation of Section 527 For another clandestine political developing nations. apparently originated with Newt Ging- committee, brand new one, here is a For example, Mr. Speaker, I just re- rich’s GOPAC, the tail section is blowup of its Web page. It is called turned from India with the President, marked ‘‘GOP issue ads.’’ There is ref- ‘‘Shape the Debate.’’ How is it going to which is one of the world’s largest con- erence to anonymous, unlimited polit- shape the debate? As its Web page says: tributors to global greenhouse gas ical contributions and the wing sec- by engaging in issue advocacy. It seeks emissions. I am encouraged, however, tions of this pig of a plane flying over ‘‘contributions in unlimited amounts.’’ because the U.S. and India signed a and polluting the Capitol have the ini- The contributions can be ‘‘from any landmark agreement while the Presi- tials of the committees that have been source,’’ including directly out of the dent was there to promote cooperation formed by TOM DELAY and J.C. WATTS. corporate treasury, and we are told in the areas of clean energy and cli- These clandestine groups plan to gorge that these corporate contributions and mate change in ways that will help In- themselves on millions of secret dol- other political contributions will never dia’s economy grow in an environ- lars to promote their partisan agenda be a matter of public record. They will mentally sustainable manner. This will with unidentified contributors. ‘‘not be reported to the Federal Elec- reduce air pollution, diminish health There is not anything funny about tion Commission, nor to any State risks and preserve India’s ecosystems the pollution of our political process agency.’’ and natural beauty. that 527’s produce, and as in any strug- I believe that we need a bipartisan ef- As part of this agreement that was gle neither will they be limited to one fort to address the growing 527 plague. signed in India, the Confederation of party or philosophy. On his web page, George W. Bush indi- Indian Industries and the U.S. Energy Today, together with over 100 Mem- cates he favors ‘‘near-instant disclo- Association have launched a green bers of this House, I am filing the Un- sure of names of contributors on the business center to foster business de- derground Campaign Disclosure Act to Internet.’’ I have invited all my col- velopment in one of India’s most high- require that these groups file with IRS leagues to join in approving this bill. tech regions on a more sustainable an initial identifying statement of or- Let’s close the growing 527 loophole. path. The United States will help India ganization, as well as periodic con- f use less energy and improve its envi- tribution and expenditure reports simi- ronmental quality, and India will not lar to and with the same frequency as KICKING OFF 30TH ANNIVERSARY OF EARTH DAY/EARTH MONTH sacrifice its economic growth. In fact, the filings all candidates already file its local businesses will conserve en- with the Federal Election Commission. The SPEAKER pro tempore. Under ergy and improve their bottom lines. This information must be made pub- the Speaker’s announced policy of Jan- One of the utilities in my home State lic, including promptly over the Inter- uary 19, 1999, the gentleman from New of New Jersey, Public Service Electric net. 527’s would be subject to the same Jersey (Mr. PALLONE) is recognized and Gas, is on the verge of signing a penalties that already apply for non- during morning hour debates for 5 min- public/private partnership with the In- compliance already applicable to other utes. dian government to promote clean-en- tax-exempt organizations. Mr. PALLONE. Mr. Speaker, today ergy technologies and help India avoid Unlike most Americans, who are we are kicking off the celebration of the pollution we experienced alongside struggling along right now preparing the 30th anniversary of Earth Day. our industrial development here in the for April 15, these secret 527 organiza- This year we are celebrating April as United States. tions usually escape tax free, paying Earth Month, with April 22 as the day neither Federal income nor gift taxes. that is actually Earth Day. The theme b 0945 Because those American taxpayers, of Earth Day this year is the problem Mr. Speaker, I look forward to work- who are out there getting their returns of global climate change and clean ening with my colleagues in the business

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1679 and environmental communities, Mem- DISCLOSURE OF 527 the sums contributed. Violations would bers of Congress, the administration, ORGANIZATIONS result in the loss of the organization’s and our colleagues in India to reduce The SPEAKER pro tempore (Mr. tax exempt status. the threat of global climate change, to RYAN of Wisconsin). Under the Speak- This bill will not cure all of the ills develop alternative forms of energy for er’s announced policy of January 19, of the campaign finance system but in- the industrial, transportation, building 1999, the gentleman from Kansas (Mr. stead represents two very important and utility sectors, and to better pro- MOORE) is recognized during morning and necessary goals. First, this act tect our environment for the current hour debates for 5 minutes. closes the 527 loophole and reestab- and future generations. Mr. MOORE. Mr. Speaker, I thank lishes in our country the principle that campaigns will be subject to scrutiny. To this end, I pledge to work here at the gentleman from Texas (Mr. Secondly, this bill requires and rep- home to pass environmentally-sound DOGGETT), who has taken a leadership resents a reasonable political com- legislation and budgetary items, and role on the important issue of im- promise that, in the absence of more prevent passage of harmful proved campaign finance disclosure. I comprehensive reform, gives Congress antienvironmental riders. Abroad, we am proud to be an original cosponsor of the opportunity to make upcoming will work cooperatively and collec- the proposal he discussed recently, and I hope it will quickly be approved by elections more open, fair, and honest. tively to reduce threats to our global To those who cling to free speech, an environment. the Committee on Ways and Means. Mr. Speaker, many Americans have argument against reform, this legisla- As we celebrate today and through lost faith in our political system. Rou- tion would not impose limitations on the rest of this month of April the 30th tinely, half of those eligible to vote do contributions to 527s and, therefore, anniversary of Earth Day, I would urge not. People feel our political system is will not interfere in anybody’s first my colleagues on both sides of the aisle at best irrelevant and at worst shot amendment right. It would simply re- to make a similar commitment and full of corruption. Our country is bet- quire full disclosure, forcing those who join me in protecting our environment ter than that, and our people deserve wish to exercise this type of expression and energy security to the next 30 better. to show their face just like everybody years. Last September, the House of Rep- else has to do. My colleagues and I are urging other Mr. DOGGETT. Mr. Speaker, will the resentatives overwhelmingly passed Members and pro-reform organizations gentleman yield? the Shays-Meehan bill, which would have dramatically reformed the cam- to join in this effort. It is high time Mr. PALLONE. I yield to the gen- paign finance system. It would have rid that Congress shine light on 527s and tleman from Texas. our system of soft money and severely tell special interest groups that the Mr. DOGGETT. Mr. Speaker, since limited independent expenditures. But American people are our special inter- the gentleman from New Jersey raised similar efforts died by a narrow major- est. these important environmental issues, ity in the Senate. Mr. DOGGETT. Mr. Speaker, will the I know he has been a spokesperson, a Though Shays-Meehan remains a gentleman yield? very effective advocate for the environ- necessary reform, a new type of polit- Mr. MOORE. Certainly, I yield to the ment for some years. At some times on ical organization threatens the integ- gentleman from Texas. that and some of the health care rity of our campaign finance process, Mr. DOGGETT. Mr. Speaker, I want issues, it puts him in a position that our electoral process. Known as 527s to thank the gentleman for his leader- has been adverse to the insurance and named after the provision of the ship. I know he has already done two lobby. Tax Code under which they are created, articles on this. He has developed a leg- these organizations contend they can islative solution on this. I am wondering if the gentleman accept unlimited funds and never dis- You mentioned our efforts during the from New Jersey is familiar with the close the names of donors, the amount last session to try to approve the 527 clandestine political organizations of contributions, or how the money is McCain-Feingold bill, the Shays-Mee- and if they played any role in New Jer- spent. han bill, as we call it here in the sey politics, in political pollution be- This is possible because, while these House, major campaign reform. cause of the gentleman’s fight against groups qualify as political committees Does the gentleman recall that there environmental pollution. under the Tax Code, they are not sub- were those on the Republican side who Mr. PALLONE. Mr. Speaker, let me ject to the jurisdiction of the Federal opposed that legislation, saying that say I agree 100 percent with what my Election Commission. These organiza- all we needed was to have instant dis- colleagues said about these corporations have caught the eye of many ob- closure, complete disclosure of cam- tions and this tax loophole. Back in servers, not the least of which is the paign contributions and expenditures? November of 1998, I was hit the last 2 Joint Committee on Taxation. Mr. MOORE. I do recall that, Mr. weeks of the campaign with a $5 mil- When I was running for Congress, Speaker. lion independent expenditure by a people told me how fed up they were Mr. DOGGETT. Mr. Speaker, are we group like this that was obviously tak- with the system. Public cynicism and not basically taking them up on their ing advantage of the fact that there apathy eat away at voter participation word, but saying let us apply it across was no disclosure under the campaign and cause citizens to tune out of dis- the board, and let us include these new finance laws. We were able to deter- cussions of very serious issues. It has secret organizations, covert operations mine that much of the money was from turned a whole generation of young that are occurring as 527s? All we are the insurance industry, particularly people away from politics as a means of asking is complete and instant disclosure in our legislative approach. the HMOs, as well as we think from the governance and social change. Simply put, the current campaign Mr. MOORE. Absolutely. Mr. Speak- prescription drug industry. But to this laws alienate voters. I am hoping this er, I just do not see how any reasonable day I cannot verify that because the legislation, or new legislation, I draft- person can say that full disclosure of fact of the matter is there is no disclo- ed will begin to restore public trust the names of persons who contribute sure. I believe very strongly if we had and will also take congressional seats and the amounts contributed can in disclosure along the lines of what the off the 527 auction block. any way interfere with anybody’s right gentleman from Texas suggested, a lot This bill and my bill, called the Cam- to free speech or the other objectives of this veiled campaign money would paign Integrity Act of 2000, would re- they have. I think this is something not be spent. quire 527s to meet the disclosure and that people in this country deserve. Mr. DOGGETT. Mr. Speaker, they reporting requirements of the Federal Mr. DOGGETT. Mr. Speaker, I pulled could put pretty names on their com- Election Campaign Act. This proposal up George W. Bush’s campaign Web mittee that appears in the mailers and would rewrite the Internal Revenue page; and he claims that he favors, on TV and attack you, however, with- Code section 527 definition of political ‘‘near instant disclosure of the names out disclosing who gave them the dirty organizations to require public disclo- of contributors on the Internet.’’ If our money. sure of the names of contributors and Republican colleagues would join with

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1680 CONGRESSIONAL RECORD — HOUSE April 4, 2000 us, could we not do this right now on longer have the long form in future safeguarding the deeper truths of these 527 organizations and require years. human life that come only from You. that instant disclosure over the Inter- Look, we have got a government that Bless the regions that they represent. net in both the spirit of JOHN MCCAIN is intrusive. Our technology today al- Bless our country. Help our legislators and the campaign Web site of George lows us to peek into everybody’s lives. to enact laws that will uphold the val- W. Bush? So our technology can listen in on ues of peace and justice in our land and Mr. MOORE. Yes, Mr. Speaker. one’s phone calls, even if they are cell throughout the world. We ask this in f phones. We have a capacity of knowing God’s name. Amen. what doctors one uses, when one goes CONGRATULATIONS TO MICHIGAN f to those doctors, and what one goes to STATE UNIVERSITY BASKET- those doctors for. THE JOURNAL BALL TEAM, KEEP SOCIAL SECU- I think with the high-tech that we The SPEAKER pro tempore. The RITY SOLVENT, AND ABOLISH have today, we should be especially Chair has examined the Journal of the CENSUS LONG FORM conscious of this kind of government last day’s proceedings and announces The SPEAKER pro tempore. Under intrusion. I think why American peo- to the House his approval thereof. the Speaker’s announced policy of Jan- ple, Mr. Speaker, are more suspicious Pursuant to clause 1, rule I, the Jour- uary 19, 1999, the gentleman from today is because they have lost some of nal stands approved. Michigan (Mr. SMITH) is recognized their confidence and trust in govern- f during morning hour debates for 5 min- ment. utes. Let me just finish off with a com- PLEDGE OF ALLEGIANCE Mr. SMITH of Michigan. Mr. Speak- ment on my wager to the gentleman The SPEAKER pro tempore. Will the er, this is a little bit on the lighter side from Florida (Mr. SHAW), who is on the gentleman from Nevada (Mr. GIBBONS) but also on the heavier side, sort of Committee on Ways and Means and come forward and lead the House in the like sweet and sour. But I want to con- chairs the subcommittee that oversees Pledge of Allegiance. gratulate my alma mater, Michigan Social Security. Last week, we had Mr. GIBBONS led the Pledge of Alle- State University, for the excellent sort of a placebo set out by the Social giance as follows: game that they played last night for Security Administration that said, I pledge allegiance to the Flag of the their championship now in the college look, it is not going to be 2013 when So- United States of America, and to the Repub- athletic contests of who does the great cial Security brings in less revenues lic for which it stands, one nation under God, job in basketball. So I say congratula- than is needed to pay benefits, but it is indivisible, with liberty and justice for all. tions to Michigan State. actually going to be 2015. f I see some Michigan people up in the I just would like to say with all the PRIVATE CALENDAR balcony. I know we all have pride when force that I have, Mr. Speaker, that it we support a team that, well, has hon- is so important that we not put this The SPEAKER pro tempore. This is esty in their heart and knowledge and off. If there is one disappointment in Private Calendar day. The Clerk will conviction and strength. It does take this administration, it is the Presi- call the first individual bill on the Pri- determination and conviction and dent’s unwillingness to come forth vate Calendar. strength. with a proposal that can keep Social f Mr. Speaker, I want my colleagues to Security solvent for the next 75 years. BELINDA MCGREGOR know that I tried to make some wagers I see a lot of young people in the au- The Clerk called the Senate bill (S. last night on the Michigan State-Flor- dience. I see some seniors. Social Secu- 452) for the relief of Belinda McGregor. ida game. First, I went to the gen- rity and the willingness of Congress to Mr. SENSENBRENNER. Mr. Speak- tleman from Florida (Mr. SHAW), and I make sure it survives is important to er, I ask unanimous consent that the said to him, if Michigan State wins, all groups. I would hope, Mr. Speaker, bill be passed over without prejudice. then he would have to pass my Social that this House would have the courage The SPEAKER pro tempore. Is there Security bill. He did not think that to move ahead with Social Security re- objection to the request of the gen- was the right kind of wager. form next year. tleman from Wisconsin? So then I went to the gentleman f from Florida (Mr. MILLER) and said, There was no objection. well, how about a wager; and if Michi- RECESS f gan State wins, he has to do away with The SPEAKER pro tempore. Pursu- NANCY B. WILSON the long form on the census. The gen- ant to clause 12 of rule I, the Chair de- tleman from Florida did not think that clares the House in recess until 11 a.m. The Clerk called the bill (H.R. 758) was right. Accordingly (at 9 o’clock and 53 min- for the relief of Nancy B. Wilson. But, Mr. Speaker, I want to just com- utes a.m.), the House stood in recess There being no objection, the Clerk ment on those two issues. until 11 a.m. read the bill as follows: H.R. 758 The long form on the census, which, f on the average, one out of six Ameri- Be it enacted by the Senate and House of Rep- 1100 cans gets, is very intrusive. It ap- b resentatives of the United States of America in proaches a kind of bureaucratic curi- AFTER RECESS Congress assembled, osity, wondering all about people, from SECTION 1. ENTITLEMENT TO WIDOW’S INSUR- The recess having expired, the House ANCE BENEFITS. whether they have mental problems, was called to order by the Speaker pro (a) IN GENERAL.—For purposes of deter- whether they have a tough time re- tempore (Mr. LATOURETTE) at 11 a.m. mining the eligibility of Nancy B. Wilson, membering, whether they have dif- f the wife of Alphonse M. Wilson (social secu- ficult times going out of doors and rity number 000–00–0000), to widow’s insur- going to a doctor. PRAYER ance benefits under section 202(e) of the So- We need to have an accurate count The Reverend Father Richard Doerr, cial Security Act (42 U.S.C. 402(e)), Nancy B. on our census, but we do not need to Diocese of Lafayette-In-Indiana, Car- Wilson shall be deemed to have been married ask every American household in the mel, Indiana, offered the following to Alphonse M. Wilson for a period of not United States all of these intrusive less than 9 months immediately prior to the prayer: day on which Alphonse M. Wilson died. questions. Those kinds of questions can Loving God, You are author of life (b) EFFECTIVE DATE.—Subsection (a) takes be accomplished by polling, by sam- and origin of all created things. effect on March 21, 1991. pling, and that is the way we should do We ask that Your grace and blessing (c) PAYMENT.—Any benefits to which it from now on. be bestowed upon the men and women Nancy B. Wilson is entitled for the period That is why the Census Bureau, that who have been called to serve our coun- prior to the date of the enactment of this is why the gentleman from Florida try in the House of Representatives. Act shall be paid to her in a lump sum. (Mr. MILLER) and his committee are Help them to represent their con- The bill was ordered to be engrossed looking at options to make sure we no stituents wisely with an eye toward and read a third time, was read the

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1681 third time, and passed, and a motion to Mr. PITTS. Mr. Speaker, I rise today ENFORCE OUR LAWS, MR. reconsider was laid on the table. to urge my colleagues to support the PRESIDENT f ban on the procedure called the partial- (Mr. GIBBONS asked and was given birth abortion. That name is really a VESSEL MIST COVE permission to address the House for 1 misnomer. It is really a preterm deliv- minute and to revise and extend his re- The Clerk called the bill (H.R. 3903) ery that results in infanticide. I urge marks.) to deem the vessel M/V MIST COVE to my colleagues to be honest and fair, to Mr. GIBBONS. Mr. Speaker, I rise be less than 100 gross tons, as measured examine the evidence about what hap- today to call upon the Clinton adminis- under chapter 145 of title 46, United pens during this procedure. tration to fulfill its duty to enforce the States Code. Dr. C. Everett Koop says this proce- laws of the United States. Recently, I There being no objection, the Clerk dure is, quote, never medically nec- like many of my colleagues learned of read the bill as follows: essary to protect a mother’s life or her some disturbing statistics about the H.R. 3903 future fertility. On the contrary, he wholesale failure of the current admin- Be it enacted by the Senate and House of Rep- says, this procedure can pose a signifi- istration to prosecute Federal gun of- resentatives of the United States of America in cant threat to both mother and child. fenses. Mr. Speaker, the administra- Congress assembled, The American College of Obstetri- SECTION 1. VESSEL MIST COVE. tion’s lack of enforcement of our gun cians and Gynecologists says, ‘‘There laws in America is simply appalling (a) CONSTRUCTION TONNAGE OF M/V MIST are no circumstances under which this COVE.—The M/V MIST COVE (United States and unacceptable. official number 1085817) is deemed to be less procedure would be the only option to The number of referrals by the Fed- than 100 gross tons, as measured under chap- save the life of the mother and preserve eral Government for prosecution in gun ter 145 of title 46, United States Code, for the health of the woman.’’ Any serious crimes has declined by 44 percent under purposes of applying the optional regulatory person has to admit that this proce- the Clinton administration. Looking measurement under section 14305 of that dure is unnecessary, it is barbaric and back, in 1992, there were over 7,000 title. should be banned. Unfortunately, some (b) LIMITATION ON APPLICATION.—Sub- prosecutions under President Bush’s people are extreme enough in their project trigger lock program. President section (a) shall not apply on any date on views that they are willing to defend which the length of the vessel exceeds 157 Clinton abandoned this get tough feet. this procedure under any cir- antigun crime enforcement program cumstances. AMENDMENT IN THE NATURE OF A SUBSTITUTE and as a result prosecutions fell almost OFFERED BY MR. SENSENBRENNER Tomorrow, Members of good faith 50 percent to a mere 3,800 in 1998. Mr. SENSENBRENNER. Mr. Speak- and common sense from both sides will Mr. Speaker, for the welfare and safe- er, I offer an amendment in the nature stand together and vote to ban this ty of every American, I call on our of a substitute. horrific procedure. I urge all Members President to fulfill his commitment The Clerk read as follows: to support us. and constitutional duty. After all, if Amendment in the nature of a substitute f the administration is not going to en- offered by Mr. SENSENBRENNER: force existing laws and prosecute Strike all after the enacting clause and in- INTERNATIONAL ABDUCTION NO. criminals, what good is it to pass more sert the following: 12—OMAR AND GAMELA ELKASABY laws? SECTION 1. VESSEL M/V MIST COVE. (a) The Secretary of Transportation shall (Mr. LAMPSON asked and was given f permission to address the House for 1 prescribe a tonnage measurement as a small THE BREAST AND CERVICAL passenger vessel as defined in section 2101 of minute and to revise and extend his re- title 46, United States Code, for the M/V marks.) CANCER TREATMENT ACT MIST COVE (United States official number Mr. LAMPSON. Mr. Speaker, I rise (Ms. ESHOO asked and was given per- 1085817) for purposes of applying the optional for the 12th time to talk about one of mission to address the House for 1 regulatory measurement under section 14305 the 10,000 American children who have minute and to revise and extend her re- of that title. been abducted to foreign countries. marks.) (b) Subsection (a) shall not apply on any date on which the length of the vessel ex- Omar and Gamela Elkasaby were ab- Ms. ESHOO. Mr. Speaker, I rise in ceeds 157 feet. ducted from Brooklyn, New York in support of H.R. 1070, the Breast and Mr. SENSENBRENNER (during the August of 1998 by their noncustodial fa- Cervical Cancer Treatment Act, legis- reading). Mr. Speaker, I ask unanimous ther, Gamal Elkasaby. The children’s lation which will give the States the consent that the amendment in the na- mother, Marta Sierra Elkasaby, ob- ability to provide a reliable method of ture of a substitute be considered as tained full custody of the children after treatment for uninsured and under- their divorce. On the day of the abduc- insured women battling breast or cer- read and printed in the RECORD. The SPEAKER pro tempore. Is there tion, Gamal told Marta that he was vical cancer. objection to the request of the gen- going to take the children to the mov- I urge the Speaker to bring this criti- tleman from Wisconsin? ies but instead fled with them to Alex- cally important legislation to the There was no objection. andria, Egypt. He contacted Marta by House floor for a vote by Mother’s Day, The SPEAKER pro tempore. The phone from Egypt right after the ab- May 14. There is absolutely no excuse question is on the amendment in the duction took place and tried to per- to miss this opportunity which will nature of a substitute offered by the suade her to come to Egypt. When she save women’s lives. gentleman from Wisconsin (Mr. SEN- refused, he made it clear that she The bill has 289 bipartisan cospon- SENBRENNER). would never see the children again. sors, well over the required number to The amendment in the nature of a Marta has spoken with Omar and pass a bill on the Suspension Calendar. substitute was agreed to. Gamela only once, over the phone, but It was reported out of the Committee The bill was ordered to be engrossed their father refuses to return them. on Commerce and the Health and Envi- and read a third time, was read the Gamal has a history of violence toward ronment Subcommittee unanimously. third time, and passed, and a motion to his children and was only allowed to The President has included the initia- reconsider was laid on the table. resume visitation after counseling. tive in his 2001 budget. The SPEAKER pro tempore. This Mr. Speaker, Omar, Gamela and their Presidential candidate George W. concludes the call of the Private Cal- mother need our help. I have had the Bush has endorsed the bill. The Na- endar. opportunity to sit down with parents tional Breast Cancer Coalition and f like Marta. I have looked into their over 500 health care and women’s orga- eyes; I have listened to their stories. nizations have said that passage of this PARTIAL-BIRTH ABORTION The pain they experience on a daily bill is one of their top priorities for (Mr. PITTS asked and was given per- basis is heart wrenching. I urge my col- this Congress. mission to address the House for 1 leagues to help families like the The Committee on the Budget re- minute and to revise and extend his re- Elkasabys and bring our children cently expressed its commitment to marks.) home. the bill.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1682 CONGRESSIONAL RECORD — HOUSE April 4, 2000 I implore my colleagues, Mr. Speak- dress the House for 1 minute and to re- positive nature, and his devotion to er, bring H.R. 1070 to the House floor vise and extend his remarks.) young adults in Indianapolis. Father before Mother’s Day, in time to give Mr. GARY MILLER of California. Mr. Doerr is a priest of the Diocese of La- our mothers, our sisters, our daughters Speaker, I rise to honor an American fayette-in-Indiana. He is an associate the most important gift of all, which is hero. Last week, I had the opportunity pastor of our Lady of Mt. Carmel life. to present Robert Eugene Elledge of Catholic Church and St. Maria Goretti f Pomona, California with the Order of Mission in Carmel, Indiana, a beautiful the Purple Heart for Military Merit suburb north of Indianapolis. COMMENDING UNIVERSITY OF service. He was educated in Indiana. He got FLORIDA’S BASKETBALL TEAM On May 10, 1951, as Mr. Elledge and his bachelor’s degree from Purdue, (Mr. STEARNS asked and was given his division began to crawl the hill where, I am told, he was a star in the permission to address the House for 1 they were ordered to take, his helmet Glee Club. And he went on to earn his minute and to revise and extend his re- was cracked into many pieces by masters degrees in theology and arts at marks.) enemy fire. After he was placed in an St. Meinrad Seminary in Southern In- Mr. STEARNS. Mr. Speaker, al- ambulance, he learned that his com- diana. He has ministered in St. Louis, though it was Michigan State who cele- pany had been annihilated, only four in Fishers and was a chaplain at the brated last night, I am very proud of survived the Second Chinese Com- St. Francis Newman Center on the the team from the University of Flor- munist Forces Spring Offensive, also campus of Ball State in my hometown ida for making it to the NCAA title known as Battle of Soyang or, as Mr. of Muncie. game. This season, Florida put to- Elledge recalls it, the May Massacre. Father Doerr has done wonderful gether an impressive record of 29 and 8, Mr. Speaker, 49 years ago, Mr. work with young adults throughout his matching the 1994 team for the most Elledge felt that his experience war- career. Together with his brother, victories in the school’s history. ranted a purple heart, and he began to Brian, Father Doerr founded the I commend coach Billy Donovan for inquire about when he might receive Frassatti Society in Indianapolis, a his outstanding work and the players this honorable award. It seems that the group of more than 200 young Catholic for their perseverance in bringing paperwork requesting the medal was adults. ‘‘Billy ball’’ to the court. The Gators lost. Last Friday, 49 years after sur- The Society’s members help each gave little breathing room and pressed viving the May Massacre, tears came other keep faith in their lives during the other team after nearly every bas- to Mr. Elledge’s eyes when he received the transitions from college life, join- ket. This unique style of play demands the medal that he waited for so pa- ing the work force and starting a fam- endurance from the opponent, which tiently. ily. the Spartans showed last night. The Korean War is often referred to The University of Florida can take as our ‘‘forgotten war.’’ While his pa- b 1115 great pride in the talent they fielded perwork may have been forgotten, the At those critical junctures, Father with Mike Miller, Brett Nelson, sacrifices that Mr. Elledge made for Doerr is there to make sure they re- Donnell Harvey, Teddy Dupay, and the this country in Korea will always be member to keep their faith in every- other players. I know that the Univer- remembered. thing they do, say, and think. sity’s President, Dr. Charles Young; f One of my staffers, a young woman the athletic director, Mr. Jeremy from Carmel, attends Father Doerr’s Foley; the students; the faculty and COMMENDING MICHIGAN STATE UNIVERSITY mass and described him as captivating the fans of the Gators are proud of the in the pulpit. She said that he tells team’s accomplishments. I know that I (Ms. KILPATRICK asked and was real-life stories and makes it easy for am. given permission to address the House her to apply the lessons of the scrip- f for 1 minute and to revise and extend ture in her life. Most of all, she said he her remarks.) is funny. RATIO OF ACCIDENTAL MEDICAL Ms. KILPATRICK. Mr. Speaker, I So it is with great pride that we Hoo- DEATHS TO ACCIDENTAL GUN rise today to commend the NCAA, its siers present Father Richard Doerr as DEATHS universities, presidents, and teams for today’s chaplain. Thank you, Father (Mr. TRAFICANT asked and was the outstanding season that we wit- Doerr, for blessing us in this House given permission to address the House nessed first of the 21st century. today. for 1 minute and to revise and extend Last night, our Michigan State Spar- his remarks.) tans won an overwhelming victory; and f Mr. TRAFICANT. Mr. Speaker, some- we applaud them. President McPher- REINVENTING COMMON SENSE thing does not add up, the number of son, Coach Izzo, the Flintstones, as (Mr. KINGSTON asked and was given accidental deaths involving guns aver- well as the entire Michigan State permission to address the House for 1 age 1,500 per year; and the number of teams, its coaches and university and minute and to revise and extend his re- accidental deaths caused by doctors, students, we are proud of you. Go marks.) surgeons, and hospitals average 120,000 Green. Keep the fight. Let us move on Mr. KINGSTON. Mr. Speaker, under a year, 120,000 per year. That means the for a positive 21st century. the Gore administration, there has ratio of accidental medical-related We are with you, God bless you. been an all-out effort to reinvent com- deaths to accidental gun deaths is 80 to f mon sense. Under that, the Vice Presi- 1, 80 times more possible of being killed FATHER RICHARD DOERR dent decided to take on purchasing accidentally by a doctor than a gun. Tell me, Mr. Speaker, should we (Mr. MCINTOSH asked and was given over at the Pentagon and make the mandate a 5-day waiting period on permission to address the House for 1 Pentagon act like the private sector. vasectomies? minute and to revise and extend his re- Well, here is what we got after Mr. Beam me up. Congress does not need marks.) Gore was finished with it. They paid more gun laws; America must enforce Mr. MCINTOSH. Mr. Speaker, it is an $30 for a 15-cent O-ring gasket; $714 for the laws that we have. honor to introduce Father Richard an electric bell that was worth only I yield back all the American lives Doerr as our guest chaplain today. $47; $350 for a ball bearing that nor- saved by an honest law-abiding Amer- After speaking with some of the mally costs $48; and $1,236 for fan as- ican who just happened to have a gun. members of his congregation in Car- semblies worth $675. f mel, Indiana, I can tell my colleagues But then again, here is a guy who that Father Doerr enjoys the kind of takes $300,000 from Buddhist monks, ORDER OF THE PURPLE HEART universal adoration that folks like us sworn on a vow of poverty, and does FOR MILITARY MERIT TO ROB- in Washington can really only dream not recognize that as a fund-raiser. ERT EUGENE ELLEDGE about. Perhaps that is why he could not rec- (Mr. GARY MILLER of California He is cherished by his congregation ognize a good deal over at the Pen- asked and was given permission to ad- because of his memorable sermons, his tagon.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1683 ORGAN PROCUREMENT AND Mr. Speaker, this is a fair, structured the need for organ donors is through TRANSPLANTATION NETWORK rule providing for consideration of H.R. the work of volunteers, dedicated to AMENDMENTS OF 1999 2418, the Organ Procurement and saving the lives of a particular patient Mr. LINDER. Mr. Speaker, by direc- Transplantation Network Amend- waiting for an organ. If this system is tion of the Committee on Rules, I call ments. The rule provides for 1 hour of nationalized, the work of these volun- up House Resolution 454 and ask for its general debate, equally divided and teers, while valuable, could not be at- immediate consideration. controlled by the chairman and rank- tributed directly to a particular trans- The Clerk read the resolution, as fol- ing minority member of the Committee plant, but to the next person on a list lows: on Commerce. It shall be in order to somewhere in the United States. H. RES. 454 consider as an original bill for purposes The immediate effect that an organ Resolved, That at any time after the adop- of amendment the amendment in the donor could have on his or her commu- tion of this resolution the Speaker may, pur- nature of a substitute recommended by nity is a primary motivating factor suant to clause 2(b) of rule XVIII, declare the the Committee on Commerce. when making the decision to become a House resolved into the Committee of the No amendment to the committee donor. These rules go too far in moving Whole House on the state of the Union for amendment in the nature of a sub- organ donation away from the local consideration of the bill (H.R. 2418) to amend stitute shall be in order, except for communities and closer to national bu- the Public Health Service Act to revise and extend programs relating to organ procure- those the Committee on Rules has per- reaucracies. We are opposed to letting ment and transplantation. The first reading mitted and printed in the report ac- political appointees make the decisions of the bill shall be dispensed with. General companying this resolution. Each to allocate organs across the Nation, debate shall be confined to the bill and shall amendment one, may be offered only in and we should not allow a Federal de- not exceed one hour equally divided and con- the order printed in the report; two, partment the ability to impact the trolled by the chairman and ranking minor- may be offered only by a Member des- medical decisions that affect thousands ity member of the Committee on Commerce. ignated in the report; three, shall be of patients waiting for a second chance After general debate the bill shall be considered for amendment under the five-minute considered as read; four, shall be debat- at life. rule. It shall be in order to consider as an able for a time specified in the report; In addition to ending the po- original bill for the purpose of amendment five, shall not be subject to amend- liticization of this medical process, we under the five-minute rule the amendment ment; and six, shall not be subject to a also want to encourage Americans to in the nature of a substitute recommended demand for division of the question. become organ donors. Because the de- by the Committee on Commerce now printed The rule waives all points of order mand for organs for transplantation far in the bill. The committee amendment in the against these amendments. exceeds the supply, we should focus our nature of a substitute shall be considered as Specifically, the Committee on Rules efforts toward encouraging more indi- read. No amendment to the committee amendment in the nature of a substitute has provided for the consideration of viduals to become donors and not shall be in order except those printed in the five amendments dealing with a num- spreading the already limited supply of report of the Committee on Rules accom- ber of important issues. Finally, the organs even thinner under the HHS na- panying this resolution. Each amendment rule provides for one motion to recom- tionalization plan. may be offered only in the order printed in mit with or without instructions, as is Unfortunately, reports also indicate the report, may be offered only by a Member the right of the minority Members of that HHS has not effectively done any- designated in the report, shall be considered the House. thing to increase organ donations. As a as read, shall be debatable for the time speci- By way of background, HHS Sec- result, H.R. 2418 creates a new $5 mil- fied in the report equally divided and controlled by the proponent and an opponent, retary Donna Shalala announced on lion grant program to pay for the trav- shall not be subject to amendment, and shall March 26, 1998, that the Department el expenses incurred by living organ do- not be subject to a demand for division of the would publish in the Federal Register a nors, authorizes $2 million in addi- question in the House or in the Committee of final regulation that would completely tional grant funds to carry out studies, the Whole. All points of order against the overhaul the organ donor system. The and demonstration projects to increase amendments printed in the report are current system, run by the private sec- organ donations, and requires the net- waived. The Chairman of the Committee of tor nonprofit Organ Procurement and work to work actively to increase the the Whole may: (1) postpone until a time during further consideration in the Com- Transplantation Network, is locally supply of donated organs. mittee of the Whole a request for a recorded based, allowing patients and their fam- Mr. Speaker, I want to commend the vote on any amendment; and (2) reduce to ilies to search in their communities for chairman of the Committee on Com- five minutes the minimum time for elec- a potential donor that could help them. merce, the gentleman from Virginia tronic voting on any postponed question that Under the new rules, the system would (Mr. BLILEY); and the gentleman from follows another electronic vote without in- be nationalized by the Federal Govern- Florida (Mr. BILIRAKIS) for their hard tervening business, provided that the min- ment. work in crafting this legislation. The imum time for electronic voting on the first This HHS rule is opposed by the vast in any series of questions shall be 15 min- product they have crafted would main- utes. At the conclusion of consideration of majority of the transplant community tain responsible organ transplant pol- the bill for amendment the Committee shall and a congressional moratorium has icy decision-making within the current rise and report the bill to the House with been in place for almost 2 years. Clear- network, and this bill should be widely such amendments as may have been adopted. ly, Congress in the past has intended supported by the whole House today. Any Member may demand a separate vote in that the Organ Procurement and Mr. Speaker, this rule was unani- the House on any amendment adopted in the Transplantation Network, comprised of mously reported by the Committee on Committee of the Whole to the bill or to the the medical and scientific community, Rules yesterday, and I urge my col- committee amendment in the nature of a substitute. The previous question shall be have the power to allocate organs and leagues to support the rule so that we considered as ordered on the bill and amend- decide the guidelines for the contribu- may proceed with debate and consider- ments thereto to final passage without inter- tion of organs. ation of the underlying legislation. vening motion except one motion to recom- Today, H.R. 2418, the Organ Procure- Mr. Speaker, I reserve the balance of mit with or without instructions. ment and Transplantation Network my time. The SPEAKER pro tempore (Mr. Amendments, would clearly reinforce Mr. MOAKLEY. Mr. Speaker, I thank LATOURETTE). The gentleman from our intent that the responsibility for the gentleman from Georgia (Mr. LIN- Georgia (Mr. LINDER) is recognized for developing medical criteria and stand- DER), my colleague and dear friend, for 1 hour. ards for organ procurement and trans- yielding me the customary half hour. I Mr. LINDER. Mr. Speaker, for the plantation rest with the network. This yield myself as much time as I may purpose of debate only, I yield the cus- legislation also ensures that this dis- consume. tomary 30 minutes to the gentleman tribution of organs is based so equity Mr. Speaker, the sad truth is there from Massachusetts (Mr. MOAKLEY), and ethics without political control or are not enough body organs to go pending which I yield myself such time influence and strengthens patient around. If there were enough organs, as I may consume. During consider- donor data confidentiality safeguards. the question of whether to give them ation of this resolution, all time yield- One of the most valuable tools we to the sickest person, or the closest ed is for the purpose of debate only. have to raise public awareness about person, really would be moot. But

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1684 CONGRESSIONAL RECORD — HOUSE April 4, 2000 today, this very minute, there are important legislation. As I said in the Let me just for a minute say some- 67,000 people waiting for an organ Committee on Rules last night, there is thing. We do not want to go back to transplant in the United States alone. probably only 1 person in this House the old ways of doing things. There is a Unfortunately, Mr. Speaker, many of who is an expert on transplants, and good system in place. This is a bad bill them will not receive that organ. the importance of a good organ donor because it goes back to an old system Five years ago, a doctor walked into program, and that is the gentleman that lets one agency play God about my hospital room and told me, unless I from Massachusetts (Mr. MOAKLEY), where organs will go. I do not think got a new liver, the chances of me liv- the ranking member of the Committee anybody in America wants that. ing more than 2 months was a long on Rules, who has been through it. He I urge all my colleagues and all the shot. But I was one of the lucky ones. knows the anxiety and frustration, and staff that are watching this being My life was saved by a liver transplant; he knows what it is like to go through broadcast around the House system to and not a day goes by that I do not a transplant procedure as one who has pay close attention and to call back to thank God and medical science for the received a transplanted liver and is, their districts, and to talk to hospitals miracle that happened to me. thank God, a survivor and still a good, in their districts that do transplants. I So if I thought this bill would expand strong, sturdy, healthy Member of this doubt if they want one agency, a pri- that miracle to the other 67,000 people House of Representatives. vate agency, in America deciding waiting for a transplant, I would do all Mr. Speaker, I do support the rule; where organ transplants will take I could to support it. But this bill will but I rise in opposition to H.R. 2418, the place, this is wrong, with no oversight. not expand the miracle. This bill is Organ Procurement and Transplan- Our amendment corrects that. being introduced to sabotage the re- tation Network Amendments of 1999, This is an important amendment, an cent HHS regulations, regulations that and in support of an amendment of- important consideration for the Con- are supported by the Institute of Medi- fered by myself and the gentleman gress. I hope people will pay attention cine, which says that medical profes- from Massachusetts (Mr. MOAKLEY) and to it. sionals should establish organ alloca- the gentleman from Illinois (Mr. RUSH) Again, I urge the adoption of the tion policies. Those regulations require and the gentleman from Pennsylvania rule, the opposition to the bill, and the organs to be given to the sickest pa- (Mr. PETERSON). adoption of our amendment to bring tients who might benefit rather than Mr. Speaker, H.R. 2418 is not about common sense to a very important be kept within artificial limits. saving lives; what it is about is over- medical system in our country that In direct opposition to those regula- looking patients in the greatest need will be eviscerated by this legislation. tions, this bill will bestow sole author- simply because of a geographic conven- Mr. MOAKLEY. Mr. Speaker, I yield ity over life and death decisions upon a ience. Through Medicare, Medicaid, myself such time as I may consume. private contractor with not one scin- CHAMPUS and other programs, the Mr. Speaker, I thank the gentleman tilla of regulation. This private con- Federal Government pays for the vast from Illinois (Mr. LAHOOD) for his very, tractor will have authority over bil- majority of organ transplants. H.R. very able presentation. I think he said lions upon billions of dollars of Med- 2418 strips the Government of any rule- it all. icaid and Medicare money. Meanwhile, making authority over transplant pol- Mr. Speaker, I yield 4 minutes to the the public will lose its right to be icy, affecting thousands of bene- gentleman from Pennsylvania (Mr. PE- ficiaries covered under Federal Govern- heard on that subject. TERSON), a cosponsor and a gentleman Mr. Speaker, this bill takes the pub- ment programs and delegates it to one who has been fighting on this for many lic voice out of public health. It sets agency, one private contractor. years. back years of progress on organ trans- b 1130 Mr. PETERSON of Pennsylvania. Mr. plantation policy, and it should be op- This is wrong. This bill contradicts Speaker, I rise to support the rule, posed. The rule, however, Mr. Speaker, the recommendations of the Institute speak against the bill, and support the is fair, and should be supported. The of Medicine that are detailed in a re- amendment. gentleman from California (Mr. port mandated by Congress under the Mr. Speaker, I think it is important DREIER), the chairman of the Com- 1998 Omnibus Budget Act. that whenever we are dealing with mittee on Rules and my dear friend, The IOM recommended additional health care, we follow the lead of was kind enough to make in order sev- government oversight of the organ pro- health care providers who have studied eral minority amendments, including curement and transplant network and the issue. the LaHood-Rush-Peterson-Moakley the establishment of an independent This Congress asked the Institute of amendment; and for that I thank him. scientific advisory committee to work Medicine to do that. They did it very Five years ago, Mr. Speaker, a family with the government to ensure the effi- seriously and very coherently. They I probably will never meet saved my ciency and equitable operation of the came forth with recommendations that life. Their son died somewhere in Vir- OPTN. allocation policies should be based on ginia, and they gave his liver to this H.R. 2418 strips the government of its sound medical principles and valid sci- Congressman from south Boston. I will oversight authority and eliminates all entific data. never be able to thank them for their public accountability of the Network. The bill before us veers from that. kindnesses, but I will be able to keep This is wrong. Whenever we veer from that, we are fighting until every one of those 67,000 For these reasons, I urge Members to going to cost lives. I do not think any other people who need a transplant get support the rule but oppose the bill, of us want to be in that position. one, regardless of where they live. and support our amendment, the Recently, Forbes Magazine talked So I urge my colleagues to support amendment offered by the gentleman about this system, UNOS, the united this rule, support the LaHood-Rush-Pe- from Massachusetts (Mr. MOAKLEY), network supplying organs. Most organs terson-Moakley amendment. myself, the gentleman from Illinois are shared only within 62 regional ter- Mr. Speaker, I reserve the balance of (Mr. RUSH), and the gentleman from ritories, and in their opinion, last year my time. Pennsylvania (Mr. PETERSON). 4,855 Americans died while waiting for Mr. LINDER. Mr. Speaker, I yield It would apply several recommenda- transplants. This does not even count such time as he may consume to the tions made by the Institute of Medicine people pulled off the lists because they gentleman from Illinois (Mr. LAHOOD), to the organ allocation process. It en- became too sick. a sponsor of a major amendment. sures that organ allocation policies are Each of us hopes we never need an Mr. LAHOOD. Mr. Speaker, I thank based on sound medical principles and organ, but we do not know when we the gentleman from Georgia (Mr. LIN- valid scientific data. The policies will. We hope that we do not live in the DER) for yielding me this time. would be designed to share organs over wrong county or in the wrong State Let me just begin by saying that this as broad a geographic area as possible, that would prevent us from receiving is a good rule, and I hope all Members providing some Federal oversight. the organ that would save our life. will support it. It is a good rule be- Again, Mr. Speaker, this is a good That organ might go to someone who cause it is an open rule and it allows rule but a bad bill, and I urge my col- really had serious health problems, but for plenty of debate on this very, very leagues to support the rule. could live a year or two longer.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1685 Mr. Speaker, I hope we devise a sys- precedented protections to the current The HHS regulation calls for more equitable tem in this long debate today that will private contractor, which I might add sharing of too-scarce supply of organs and make sure that the scarce organs that Forbes Magazine characterized as an over much larger populations of people who are available go to those who need outfit with life and death power over need them. them to sustain life and can maintain patients waiting for transplants, and it As the final regulation states, it ‘‘does not life after the surgery. Anything less has evolved into a heavy-handed pri- establish specific allocation policies, but in- than that, we will have failed the vate fiefdom. stead looks to the organ transplant community American public. It removes itself from public ac- to take action to meet the performance Mr. Speaker, the other issue I want countability by delegating an improper goals’’—a rule that the Washington Post today to raise is that the United Network for amount of regulatory power and con- notes is ‘‘Hardly Draconian.’’ Organ Sharing system will under this trol over billions of taxpayer dollars. It HHS oversight ensures that allocation poli- legislation be totally free of any Fed- gives it to a private contractor, which cies are developed with the expertise and ex- eral regulation. the Department of Justice considers perience of patients and medical practitioners. Now, I am not normally a fan of Fed- unconstitutional. It contradicts the When those allocation policies fail to achieve eral regulators, I am not a fan of Fed- congressionally-mandated National the ends envisioned by Congress—as is the eral power, but I want to tell the Mem- Academy of Sciences’ Institute of Med- case today—the Secretary can ensure these bers, we owe it to American citizens icine recommendations, and it is some- failures are corrected. that our Federal Government and our thing which we should oppose. The final rule has been supported by the HHS and our bureaucracy does oversee Mr. Speaker, there is some small major transplant patient organizations, includ- everything that deals with health care. hope in the LaHood-Moakley-Rush-Pe- ing the American Liver Foundation, Transplant We cannot have a system that is to- terson amendment which will be of- Recipients International Organization and the tally without some oversight. fered, and I ask my colleagues to sup- National Transplant Action Committee. Where will the citizens go that were port that amendment, which makes the However, the extent to which a government denied? Where will the taxpayers go data available to the public. It ensures contractor has attempted to influence and un- that are unhappy if we have no Federal broader sharing of organs and organ al- dermine the legislative and regulatory proc- oversight of a system? location decisions on medical necessity esses is alarming. UNOS has spent patient To show Members what has been versus just the accident of geography. listing fees on a lobbying and public relations going on, patients pay over $350 to be It provides a public accountability smear campaign. UNOS’ numerous efforts to listed on a waiting list. The listing fees through Federal oversight. It does not derail the final rule have diminished public make up the majority of UNOS’s budg- squirrel away these decisions in the confidence in the organ allocation system. et. They are spending $1 million a year back rooms of private enterprise. Mr. Speaker, this amendment incorporates of their budget to lobby us. It establishes a scientific advisory IOM recommendations to establish a fairer na- Should an organization that has board separate from this private organ tional organ allocation policy and to—make total control, should an organization contractor, and it would, indeed, make comparative data widely available to the pub- that is going to be given a position some small effort to make the bill be- lic. Ensure broader sharing of organs and where they have no oversight, be al- fore us more equitable and a more hu- base organ allocation decisions on Medical lowed to spend $1 million a year to mane bill which would provide good Necessity vs. Accidents of Geography. Pro- lobby us? No. There are a lot of prob- health policies. vide public accountability through Federal So please support the LaHood-Moak- lems with the system. oversight. Establish a scientific advisory board, ley-Rush-Peterson amendment, and op- I want to say this, in conclusion: Ec- separate from the private organ contractor. onomics should not rule on this issue. pose H.R. 2418 at final passage. The current system has created great dis- Mr. SPEAKER. More than 66,000 Ameri- Part of this issue is about economics, parities in organ allocation and transplantation cans currently await an organ transplant. because parts of this country who are outcomes. harvesting more organs because they Every day 13 people die waiting for an organ. Last fall, HHS publicized comparative trans- H.R. 2418 does not save lives. This bill is have younger populations and more plant center performance data showing that bad health policy. young people who have good, strong or- Instead, H.R. 2418—Impedes public access under the current organ contractor’s policies, a gans that can be transplanted want to to life saving comparative information about patient’s chance of receiving an organ trans- keep them there. transplant centers. plant depends on geography, not on medical It is economics, health care econom- Provides a monopoly and unprecedented need. For example: ics. It is still one of the profitable parts protections to the current contractor (UNOS— In some areas of California, patients had a of health care, and there are not many. the United Network for Organ Sharing) which 71 percent chance of receiving a liver transplant within one year, whereas patients had I think that should not be part of this Forbes magazine characterized as ‘‘an outfit system. I think each and every one of only a 24 percent of receiving a liver trans- with life-and-death power over patients waiting plant in other areas of the State. us and each and every one of our con- for transplants [that] has evolved into a heavy- In December 1999, the New England Jour- stituents and taxpayers should have handed private fiefdom’’. the thought and the hope that, just Removes public accountability by delegating nal of Medicine concluded that liver-transplan- like they expect good emergency care an improper amount of regulatory power and tation centers in the U.S. that perform 20 or no matter where they live, they would control over billions of taxpayer dollars to a fewer transplantations per year have signifi- expect an equal chance at an organ if private contractor—which DOJ considers un- cantly higher mortality rates than those cen- life depended on it. constitutional. ters that perform more than 20 Mr. MOAKLEY. Mr. Speaker, I yield Contradicts the Congressionally mandated transplantations per year. This life-saving data 3 minutes to the gentleman from Cali- National Academy of Science’s Institute of must be widely available to the public. This fornia (Mr. STARK), the ranking mem- Medicine (IOM) recommendations. amendment would ensure it is. ber on the Subcommittee on Health on Protects special interests—plus those of CONCLUSION the Committee on Ways and Means. both UNOs—with their headquarters in Rep- Our Nation’s system must base transplant Mr. STARK. I thank the distin- resentative BLILEY’s district, and plus those of decisions on common medical criteria and guished ranking member for yielding the transplant centers that fear decreased pure professional medical opinion—not geog- time to me, Mr. Speaker. business or that their centers will close under raphy. Donated organs go to those with the Mr. Speaker, I rise to discuss the leg- a fairer system or broader organ sharing. most medical need. islation before us, and strongly oppose Mr. Speaker, the Scarborough/Thruman Without the LaHood-Peterson-Rush-Moakley the legislation. It will really do harm. amendment nullifies the final organ allocation amendment, H.R. 2418 will permit these in- There are 66,000 Americans now await- regulation published by the Secretary of equities and cause additional, needless ing organ transplants. Thirteen people Health and Human Services. deaths. die every day waiting. The Secretary published the final rule gov- Knowing that a loved one’s or your own H.R. 2418 does not save lives. The bill erning the organ procurement and transplant organ will go to the patient who needs it most is very bad health policy. It impedes network (OPTN) on April 2, 1998. After 2 will help improve donation rates—something the public access to lifesaving informa- years of congressional delays, this regulation our Nation very much needs and one thing tion. It provides a monopoly and un- became effective last month. that everyone can agree on.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1686 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Most all of us are aware of the problem: the organs often fail to reach those with the authority into a policymaking author- demand for organs exceeds the supply—en- most urgent need. ity. Policy control of the network is suring fair allocation of these scarce organs But many local transplant centers are not what Congress has ever intended fiercely territorial and fear losing business and that is not what the law permits. even more important. to a few large transplant centers at major Unfortunately, H.R. 2418 is not the answer. hospitals. Since the HHS rule was proposed, The Organ Procurement and Trans- Mr. MOAKLEY. Mr. Speaker, I yield nearly a dozen states have passed laws for- plantation Network was authorized by myself such time as I may consume. bidding organs to be sent to recipients out of Congress to make decisions without po- Mr. Speaker, I would just like to state; Wisconsin is suing to block a feared litical interference. bring the Members’ attention to an ar- outflow to nearby Chicago. The national net- The decisions they make safeguard ticle in today’s Washington Post titled, work, meanwhile, has several times per- the interests of not just those who are on the editorial page, ‘‘New Round of suaded Congress to put off the rule. Congress presently on a waiting list for a life- Transplants.’’ also commissioned a report from the Insti- saving organ but those unknown per- tute of Medicine, which made proposals simi- If I may read just from a portion of sons who will be placed on a waiting it, they say, ‘‘The strange battle over lar to those of HHS. A pending Senate bill would incorporate list in the future. who will control the distribution of those recommendations. The House bill Mr. Chairman, H.R. 2418 would safe- transplanted organs continues to rage. would simply vaporize the HHS rule in favor guard the independence of the network. The House is scheduled to vote today of the prior system. The House should drop It would also increase the level of ac- on an ill-advised bill to strip the De- the effort and follow the Senate’s lead. countability of the network by man- partment of Health and Human Serv- Mr. LINDER. Mr. Speaker, I yield dating timely reports on the perform- ices of authority to set rules for the myself such time as I may consume. ance of transplant centers within the private contractors that manage the Mr. Speaker, I urge support for a rule network. nation’s transplants. This comes 18 that made every effort to include all The bill includes an innovative en- days after an HHS regulation aimed at the serious discussion around this bill. forcement mechanism that would man- achieving more consistent and equi- This is a very important bill. All the date the payment of liquidated dam- table policies finally went into effect issues that were brought before the ages by transplant centers that try to after 2 years of heated opposition from committee have one way or another cheat under the network rules. the transplant network and its mem- been allowed to be discussed and voted I also applaud the provision that bers. up-or-down on the floor. would offer assistance for living donors ‘‘The HHS rule is hardly draconian. I urge my colleagues to support the seeking to donate an organ to someone It merely calls on the United Network rule. in another State. of Organ Sharing, UNOS, to develop Mr. Speaker, I yield back the balance H.R. 2418 will ensure that decisions policies that better spread the too of my time, and I move the previous regarding organ procurement are scarce supply of transplantable organs question on the resolution. placed in the hands of the medical over the much larger population of peo- The previous question was ordered. community, patients and donor fami- ple who actually need them. Right The resolution was agreed to. lies, as they have been for the past dec- now, each distribution center has its A motion to reconsider was laid on ade. The creation of a national reg- own waiting list, creating dramatic the table. istry, where organs are allocated to the disparities in which organs often fail to The SPEAKER pro tempore. Pursu- sickest patients first, would increase reach those with the most urgent need. ant to House Resolution 454 and rule wait list mortalities, waste organs and ‘‘But many local transplant centers XVIII, the Chair declares the House in increase retransplantation rates. are fiercely territorial and fear losing the Committee of the Whole House on The Federal Government is simply business to a few large transplant cen- the State of the Union for the consider- not equipped to make these decisions. ters at major hospitals. Since the HHS ation of the bill, H.R. 2418. The Institute of Medicine reported that rule was proposed, nearly a dozen the current system is basically fair. It States have passed laws forbidding or- b 1143 achieves a balanced and fair distribu- gans to be sent to recipients out of IN THE COMMITTEE OF THE WHOLE tion of organs for all who await a life- state; Wisconsin is suing to block a Accordingly, the House resolved saving transplant while supporting the feared outflow to nearby Chicago. The itself into the Committee of the Whole continuation of local transplant pro- national network, meanwhile, has sev- House on the State of the Union for the grams. eral times persuaded Congress to put consideration of the bill (H.R. 2418) to As we move forward to reauthorize off the rule. Congress also commis- amend the Public Health Service Act the National Organ Transplant Act, let sioned a report from the Institute of to revise and extend programs relating us not forget that some alternatives to Medicine, which made proposals simi- to organ procurement and transplan- this bill may have a very damaging ef- lar to those of HHS.’’ tation, with Mr. LATOURETTE in the fect on organ supplies. According to Mr. Speaker, I include this entire ar- chair. written testimony submitted to the ticle for the RECORD. The Clerk read the title of the bill. Subcommittee on Health and Environ- The article referred to is as follows: The CHAIRMAN. Pursuant to the ment, Joseph L. Brand, chairman of [From the Washington Post, Apr. 4, 2000] rule, the bill is considered as having the National Kidney Foundation stated NEW ROUND ON TRANSPLANTS been read the first time. that, and I quote, ‘‘we believe that less The strange battle over who will control Under the rule, the gentleman from patients would receive liver trans- the distribution of transplanted organs con- Virginia (Mr. BLILEY) and the gen- plants if the OPTN were required to de- tinues to rage. The House is scheduled to tleman from Ohio (Mr. BROWN) each velop policies where organs are allo- vote today on an ill-advised bill to strip the will control 20 minutes. cated to the sickest candidates first. Department of Health and Human Services The Chair recognizes the gentleman Such candidates are likely to have poor of authority to set rules for the private con- outcomes and require repeat trans- tractors that manage the nation’s trans- from Virginia (Mr. BLILEY). plants. Thus, reducing the number of plants. This comes 18 days after an HHS reg- b 1145 ulation aimed at achieving more consistent organs available for other candidates,’’ and equitable policies finally went into ef- Mr. BLILEY. Mr. Chairman, I yield unquote. fect after two years of heated opposition myself such time as I may consume. I urge Members of the House to join from the transplant network and its mem- Mr. Chairman, I rise in support of with me in voting for H.R. 2418 to safe- bers. H.R. 2418, the Organ Procurement and guard those who wait for an organ The HHS rule is hardly Draconian. It mere- Transplantation Network Amendments transplant from even more uncer- ly calls on the United Network for Organ of 1999. It has been 2 years and 2 days tainty. Sharing (UNOS) to develop policies that bet- since the Clinton administration issued ter spread the too-scarce supply of trans- Mr. Chairman, I reserve the balance plantable organs over the much larger popu- its regulation on the Organ Procure- of my time. lation of people who need them. Right now, ment and Transplantation Network. Mr. BROWN of Ohio. Mr. Chairman, I each distribution region has its own waiting Some claim that the regulation yield myself such time as I may con- list, creating dramatic disparities in which changed the HHS Secretary’s oversight sume.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1687 Mr. Chairman, today we are taking (Mr. LAHOOD), the gentleman from areas of the country that feel that they up H.R. 2418, legislation sponsored by Massachusetts (Mr. MOAKLEY), the gen- do not have enough organs to essen- my friends, the gentleman from Flor- tleman from Illinois (Mr. RUSH) and tially raid other parts of the country ida (Mr. BILIRAKIS), the gentleman the gentleman from Pennsylvania (Mr. and try to grab those organs. The sec- from Texas (Mr. GREEN), which would PETERSON) will offer an amendment ond option, and the option that I reauthorize and amend the National that would incorporate those Institute strongly prefer and I will have an Organ Transplant Act. of Medicine recommendations into amendment later addressing this, is to House leadership has decided to move H.R. 2418, improving the bill measur- be aggressive and work together to in- this controversial measure even though ably, recommendations like ensuring crease the supply of organs. The prob- the Senate is making real progress on independent scientific review of organ lem with the Department’s rule is that legislation reflecting consensus be- allocation policies; of ensuring that it defies the laws of economics. It as- tween those who oppose and those who organ allocation decisions are based on sumes that economics is not involved support H.R. 2418. Surely it is more im- sound medicine and sound science; and in this fight when the reality is eco- portant to get this legislation right ensuring that organ allocation deci- nomics is at the core of this fight. than it is to get our two cents in before sions are equitable to people in this These are hospitals, these are busi- the Senate does. Yet here we are poised country; and ensuring that the Federal nesses, big businesses, that are fighting to vote on a measure that while prom- Government does its job and holds the over organs because organs, unfortu- ising should not be passed whole cloth. Government contractor who works for nately in this context, equate with In its current form, the President taxpayers accountable for acting in the money. So there are situations like my would likely veto H.R. 2418 or the public’s best interest. I strongly urge State of Wisconsin that will see an es- courts would likely dismiss the legisla- my colleagues to vote for this amend- sentially 30 percent drop in the number tion as unconstitutional. There are ment. of organs available to them and my some beneficial aspects to H.R. 2418. Mr. Chairman, I reserve the balance neighboring State of Illinois seeing a 30 One set of provisions would help States of my time. percent increase. pay for transportation and other costs Mr. BLILEY. Mr. Chairman, I yield 1 Now, Chicago is 100 miles from Mil- incurred by organ donors. Given the minute to the gentlewoman from New waukee, and it would not be that dif- waiting list for donated organs, any- York (Mrs. KELLY). ficult for these patients to come to thing we can do to facilitate organ do- Mrs. KELLY. Mr. Chairman, I rise in Milwaukee; but instead of trying to nation is certainly a positive step. support of H.R. 2418 because it keeps a work together, what we see is we see Unfortunately, though, Mr. Chair- promise made by Congress for the past from Wisconsin’s perspective a raid, a man, omitted from this bill are several 16 years to safeguard the independence raid on the fine job that we have done key recommendations that the Insti- of the Organ Procurement and Trans- in Wisconsin to try to encourage more tute of Medicine made after taking a plantation Network from political in- people to donate their organs. It defies close look at the current organ alloca- terference and control. logic to state that those areas of this tion system. The most alarming omis- Ever since the National Organ Trans- country that have done a very good sion is not really an omission as much plant Act of 1984 was enacted, Congress job, including my home State of Wis- as it is a gift. It is a gift to the United has recognized that experts at the fore- consin, in developing an organ procure- Network for Organ Sharing, so-called front of changes in the medical profes- ment network are going to continue UNOS, the private contractor man- sion and transplant community are working as hard as they have if they aging the current organ allocation sys- best suited to adjust allocation policies are going to see those organs leave the tem. H.R. 2418 gives UNOS a virtual in light of new technologies and new State. We have to recognize some basic te- carte blanche to spend taxpayers’ medical understanding. nets of human nature; and one of those money and determine which individ- Do we really want Federal bureau- is, if one is allowed to keep the fruits uals will receive donated organs and crats making decisions about who gets of their labor, they are going to work which individuals will not receive do- these organs? What will keep the deci- harder. If the fruits of their labor are nated organs. sions being made from being political going to be sent to another part of this Under H.R. 2418, UNOS would have ones? country, that increases the chances carte blanche to spend our money and The congressionally created Organs that they will not work as hard. to make these life and death decisions and Transplant Network has worked, So I think that this bill, again, is an without taking the public views into and it has worked in a nonpolitical imperfect bill; but I think that the De- account. As currently written, 2418 way. The LaHood amendment, while partment’s response is in exactly the confers more power on UNOS than it well intentioned, would result in tak- wrong direction. does on its employer, and its employer ing medical policy decisions out of the Mr. BLILEY. Mr. Chairman, I yield 3 happens to be the American taxpayer. hands of doctors and placing them in minutes to the gentleman from Okla- 2418 undercuts the authority of the the hands of bureaucrats. Medical deci- homa (Mr. COBURN). Secretary of the Department of Health sions about organs are better left in Mr. COBURN. Mr. Chairman, I think and Human Services to represent the the hands of health care professionals it is important that we have a little public interests in the development and and transplant centers. That was the perspective on why we are where we the application of organ allocation intent of the law when it was created are. There is no question that this policies. In other words, the public in 1984 and remains so today. country had three or four major trans- would have no say over public policy. Please join me in supporting H.R. plant centers that developed and per- The Secretary’s job is to protect and 2418. fected a lot of techniques, and then promote the public interest and our Mr. BROWN of Ohio. Mr. Chairman, I they asked doctors to come and offer public health. The contractor, UNOS, yield 2 minutes to the distinguished their services for free to learn those the contractor’s job is to protect and gentleman from Wisconsin (Mr. BAR- techniques. promote itself. Last year the Institute RETT), a member of the Committee on Know what? They did, and there are of Medicine took a good hard look at Commerce. throughout this entire country now the Nation’s organ allocation system Mr. BARRETT of Wisconsin. Mr. highly qualified, highly trained trans- and made several compelling rec- Chairman, I rise today in strong sup- plant surgeons in every State in the ommendations. One of those rec- port of H.R. 2418, and I say strong sup- country. ommendations was that the Federal port even though I recognize that it is Guess what happened? Now that they Government must exercise more over- an imperfect solution to what I con- are as good as the transplant centers, sight over the organ allocation system sider to be a horrible problem. the major transplant centers that pio- to ensure that individuals in need of We have a serious problem in this neered this work, they are doing more donated organs are treated fairly. country because the demand for organs transplants and all of a sudden the This bill, Mr. Chairman, goes in the is much greater than the supply, and major centers do not have the organs opposite direction. I understand my there are essentially two ways to deal with which to transplant because the colleagues, the gentleman from Illinois with that problem. One is for those people are being transplanted at home.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1688 CONGRESSIONAL RECORD — HOUSE April 4, 2000 The purpose of this bill is to offset one agency cannot play God about mortality and morbidity in order to make what I believe is a very unwise rule by where organs should go. the most efficient use of the previous livers that do become available. Further, we will Secretary Shalala. What this rule that b 1200 is undergoing implementation as we establish appropriately-sized organ alloca- If we talk to any family about the tion units for all organs, and improve policy speak will do will limit people in the compliance monitoring by implementing a outreaches of this country as far as long waiting list, the anxiety, the frus- trating, they will tell us that one agen- system for prospective verification of liver transplants. They will have to live in patient listing and status code changes. an urban center, or they will have to cy should not have this opportunity. We are proud of the efforts of the many move with their family to that urban There is a letter that I have here medical professionals from the transplant center to achieve this. from the agency, the United Network community who joined together to develop This totally obviates the decision- of Organ Sharing. This is the agency this new important policy plan. making by health care professionals that has the jurisdiction right now We would like to thank you and the Com- mittee members for your continued interest and their patients and puts bureau- over this. Let me just read the first paragraph. This is a letter to the gen- and support for the life-giving endeavor of crats in charge. organ and tissue transplantation. The HHS regulations are only going tleman from Michigan (Mr. DINGELL). Sincerely, to shift organs around, and I think that This letter is dated March 15. It says, WILLIAM D. PAYNE M.D., is the important thing that needs to be ‘‘On behalf of the Board of Directors of President. noted. The real problem, this would not UNOS, I am very pleased to inform you be a problem if there were an excess and the members of the Committee EXECUTIVE OFFICE OF THE PRESI- number of organs, and what it is going that Monday we approved a new and DENT, OFFICE OF MANAGEMENT expansive National Liver Allocation AND BUDGET, to do is the HHS rule defines the sick- Washington, DC, April 3, 2000. est patients as those that have been Policy Development Plan. Clearly, this STATEMENT OF ADMINISTRATION POLICY waiting the longest. They are not nec- plan goes a long way in furthering H.R. 2418—ORGAN PROCUREMENT AND TRANS- essarily the truly sickest patients. So UNOS’ and the Department of Health PLANTATION NETWORK AMENDMENTS OF 2000 we are going to displace common sense, and Human Services’ mutual goal of The Administration strongly opposes we are going to displace care and com- fair and equitable organ distribution. In addition, UNOS and HHS are work- House passage of H.R. 2418, which would re- passion, we are going to displace reauthorize the National Organ Transplan- gional geographic quality and move ing closely together to ensure an effec- tation Act (NOTA). H.R. 2418 raises serious organ transplantation back to the tive and efficient implementation of Constitutional issues, would preserve exist- original centers of excellence when, in Department’s Final Rule set for March ing inequities in the organ transplantation fact, the scientific studies say that the 16th, including its organ allocation system, and could result in potential harm competing centers that they trained provisions.’’ to patients. If H.R. 2418 were presented to the are doing as well or better in many in- Mr. Chairman, I include the March President in its current form, his senior ad- 15, 2000, letter and the Statement of visers would recommend that he veto the stances. bill. Administration Policy for the RECORD In my home State of Oklahoma we The effects of the current organ allocation have two centers of excellence for as follows: policies established by the Organ Procure- transplantation now, all of which re- UNITED NETWORK FOR ment and Transplantation Network (OPTN) ceived their training at one of these ORGAN SHARING, are inequitable because patients with similar major pioneering centers. The fact is, Richmond, VA, March 15, 2000. severities of illness are treated differently, the results are as good or better than Hon. JOHN D. DINGELL, depending on where they may live or at Ranking Minority Member, House Committee on those centers. which transplant center they may be listed. Commerce, Washington, DC. For this reason, the Department of Health The other thing is, Oklahoma devel- DEAR CONGRESSMAN DINGELL: On behalf of and Human Services issued regulations, oped an organ donating network where the Board of Directors of the United Net- which became effective March 16th, that es- we actually have an excess supply in work for Organ Sharing (UNOS), I am very tablish a framework for organ allocation our State now, more organs than what pleased to inform you and the members of policies, to be developed by the network, our citizens would supply. With this the Committee that Monday we approved a that are based on sound medical judgment, new rule, Oklahomans will not have new and expansive National Liver Allocation and that are fairer and more equitable for all the benefit of organs donated by their Policy Development Plan. Clearly, this plan parties. Unfortunately, H.R. 2418 would not goes a long way in furthering UNOS’ and the fellow citizens to another Oklahoman. result in a fairer system for all patients in Department of Health and Human Services’ this country. Rather, it is seriously flawed Instead, a bureaucrat, influenced mutual goal of fair and equitable organ dis- legislation because it: through the organization that the Sec- tribution. In addition, UNOS and HHS are Does not require the standardization of pa- retary already controls, will then de- working closely together to ensure an effec- tient listing practices and broader sharing of cide that people who offered the organs tive and efficient implementation of the De- organs, two items that the Administration for donation will not benefit their fel- partment’s Final Rule set for March 16th, in- and the Institute of Medicine consider essen- low citizens. cluding its organ allocation provisions. tial to ensuring fairness in the system and I would ask that we support this bill Our new Liver Allocation Policy Develop- optimal outcomes for patients. and that the House come behind comment Plan was produced after a series of Reduces the appropriate Federal role in joint meetings of the UNOS Liver and Intes- overseeing the OPTN, despite the rec- mon sense and quality medicine. tinal Organ Transplantation Committee and ommendation from an independent study re- Mr. BROWN of Ohio. Mr. Chairman, I the UNOS Pediatric Transplantation Com- quired by Congress and conducted by the yield 3 minutes to my friend, the gen- mittee. The Committees incorporated rec- prestigious Institute of Medicine, that HHS tleman from Illinois (Mr. LAHOOD). ommendations from the Institute of Medi- should have the oversight responsibility ‘‘to Mr. LAHOOD. Mr. Chairman, let me cine report on Organ Procurement and manage the system of organ procurement see if I can explain to the House what Transplantation as well as many thoughtful and transplantation in the public interest, is going on here. We have a pretty good public comments. We genuinely believe that and to ensure public accountability of the system now, and there is pretty good the resulting policy, after further refinement system.’’ oversight. If we pass this bill today, we at a scheduled consensus conference of the Inappropriately grants extraordinary pow- transplant community on liver allocation, ers to the private sector to approve the Fed- let one agency play God with trans- will reflect the principles and goals of the eral contractor that manages the OPTN. plants and where organs will go. I do Secretary’s Final Rule and fully represent Raises serious constitutional concerns. It not think anybody in America wants the transplant community’s interests in de- is a core constitutional value that politi- one group to decide where all the or- veloping equitable and medically sound poli- cally accountable Executive Branch officers gans are going to go. We just do not. cies. should make the important policy judgments That is bad policy, with no oversight, Major elements of the proposal include a necessary to implement a Federal regulatory no government oversight. plan for significantly refining urgency cat- scheme. For this reason, the bill’s delegation This notion that some bureaucrat is egories for Status 2A, 2B and 3 liver trans- of authority to a private party to establish plant candidates by implementing a new nu- standards governing organ transplants and going to make the decision is nonsense. merical scale which will more accurately transplant providers raises serious separa- It is not going to happen. There was ac- represent the varying degrees of illness tion of powers concerns and would create a tually a study done that said that among these patients. We are also endeavor- significant risk that a court might declare there should be some oversight so that ing to better predict pre- and post-transplant the bill unconstitutional.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1689 The Administration could support the Mr. LAHOOD. Mr. Chairman, I go tate agent who has real estate and amendment offered by Representatives back to the notion that there have property management dealings with LaHood, Moakley, Rush, Peterson (John) and been high-profile people who have been the University of Pittsburgh Medical others. Similar to the current regulation, it given organ transplants out of order, Center. He is also, as I understand it, a reflects the recommendations made by the Institute of Medicine in its Congressionally and I mentioned one already. very close friend, this comes from the mandated study of organ allocation policies Mr. BLILEY. Mr. Chairman, if the Post now, I am paraphrasing, of Presi- and it strikes the proper balance between gentleman will yield, Mickey Mantle dent Bill Clinton since their days at medical judgments being made by transplant did not get his organ out of order. Georgetown. Okay. professionals and the need for public ac- Mr. LAHOOD. Mr. Chairman, every- The university apparently, according countability for tax payer funds. It articu- body in America knows that there are to the Post, asked this person to inter- lates clear principles to guide organ alloca- long waiting lists for these organs, cede with administration regarding tion policy, designed to protect the interests long waiting lists. People wait years, this particular issue because they were of patients. It assures that data necessary to and sometimes they die before they get evaluate and improve the organ transplant afraid that they had a genuine reluc- system are provided to the public. It avoids their organs. But if one is a high-pro- tance, to use the words in the Post’s the serious constitutional problems that are file person, perhaps one moves up on article, to get involved. According to raised with H.R. 2418. Further, it promotes the list. the Post, this September 30 letter got organ donation, the single most important We have a good system in place, and results. factor in dealing with the shortage of trans- that system says we have got the agen- According to these and other reports, plantable organs. In sum, if Congress deter- cy, but we also have got jurisdiction President Clinton directly raised this mines that legislation to update the Na- from a Federal agency that deals out issue with Secretary Shalala; and in tional Organ Transplant Act is desirable, the the money. November, she wrote Mr. So and So, amendment offered by Representatives LaHood, Moakley, Rush, Peterson (John) and Who protects the taxpayers in these explaining the Department would hold others represents a thoughtful legislative instances? Does one agency just happen hearings or look into this situation. response. to have the responsibility, and the tax- According to Transplant News, Octo- The Administration urges the Congress to payers are not protected? What is ber 31, 1996, which is a commercial develop NOTA reauthorization legislation wrong with having HHS as a part of the news letter of the transplant commu- that better reflects the recommendations of responsibility to oversee? We do it in nity who wrote this letter, the letter the Institute of Medicine and that results in all other areas. Can the gentleman clearly represents the arguments of the a fairer transplantation system for all pa- from Virginia explain to me why we University of Pittsburgh Medical Cen- tients in this country and their families. would not do it? ter. Mr. Chairman, so what we have got Mr. BLILEY. Mr. Chairman, I yield 5 I want to say right now the Univer- on the floor today is a bill in spite of minutes to the gentleman from Florida sity of Pittsburgh is my alma mater. the fact that these two agencies, HHS (Mr. BILIRAKIS), chairman of the Sub- When they are right, they are right. and UNOS, are working together. Con- committee on Health and Environ- When they are wrong, they are wrong. gress is going to say, well, the heck ment. The article goes on to state, this gen- with that, we want to give it to one Mr. BILIRAKIS. Mr. Chairman, I tleman outlined the University of agency. We want to tell families all thank the gentleman from Virginia for Pittsburgh Medical Center’s position over America that one agency gets to yielding me this time. that livers should be allocated ‘‘to the play God. Mr. Chairman, the gentleman from sickest patients in the largest possible Now, here is what happens if this bill Illinois talks about one agency. One geographic area where the organ can be passes. We go back to the Mickey Man- Department I guess is okay, but one transported and remain in good condi- tle mentality of organ transplants. If agency is not okay. I am not sure real- tion to be transplanted.’’ one is somebody important, if one has ly what agency he is referring to. I think we have to ask ourselves, is a high profile, if one is an important I introduced this bill with the gen- the Government, is this bureaucracy person in America, one gets the organ. tleman from Texas (Mr. GREEN) to re- up here equipped to make these deci- If one is just a common, ordinary cit- authorize the National Organ Trans- sions? Do we want the Government, the izen, one agency decides it. That is plantation Act and to promote efforts same administration which determined wrong. to increase the supply of organs avail- who should be buried in Arlington We should not be administering able for transplantation. The bill was Cemetery as a result of politics, do we health care, passing laws that dis- passed by the subcommittee and then want politics determining life and tribute organs in this kind of a fashion later on by the full Committee on Com- death matters? I think not. I think not. in America. We have got a system merce approved by voice vote in Octo- The bill directs the Secretary to whereby the Department of Health and ber. carry out a program to educate the Human Services will have oversight. I was here when the gentleman from public with respect to organ donation So what I am saying today is we have Massachusetts (Mr. MOAKLEY) made and, in particular, the need for addi- got an amendment, it is a good amend- the comments that this bill intends to tional organ transplantation. ment, offered by the gentleman from strip HHS of its authority. Well, I am The bill acknowledges the advances Chicago, Illinois (Mr. RUSH), the gen- here to say to the gentleman that this of medical technology that have en- tleman from Massachusetts (Mr. MOAK- bill actually will leave the status quo abled a transplantation of organs do- LEY), the gentleman from Pennsylvania alone. The HHS does not have the au- nated by living individuals to become a (Mr. PETERSON) that simply says that thority. It is HHS which is trying to viable treatment option for an increas- HHS should have some responsibility. strip the authority away from the ing number of patients. Mr. BLILEY. Mr. Chairman, will the States, if you will, and from the net- It reauthorizes the act which was en- gentleman yield? work and from the regions. acted to provide for the establishment Mr. LAHOOD. Absolutely. I am happy It was HHS, despite the fact that ev- and operation of a network, and the to yield to the gentleman from Vir- erything has been working and work- bill clarifies that the network is re- ginia. ing well, that chose to take organ allo- sponsible for developing, establishing, Mr. BLILEY. Mr. Chairman, can the cations away from the medical commu- and maintaining medical criteria. gentleman from Illinois name me one nity and from the patients and from Mr. Chairman, these experts are at instance where a person got an organ the donor families, as Congress in- the forefront of changes of the medical out of order. tended. profession. The gentleman from Okla- Mr. LAHOOD. Yes, Mr. Chairman, I Now, there has been testimony in homa (Mr. COBURN) referred to them. can. If the gentleman from Virginia hearings and whatnot, and there is an They said in the American Society of (Mr. Bliley) will yield me 2 minutes, we article in the Washington Post back in Transplant Surgeons letter last year, will proceed. 1996 about a particular person, and I and I quote them, ‘‘an important step Mr. BLILEY. Mr. Chairman, I yield 2 wish the gentleman from Illinois (Mr. forward,’’ referring to this bill, ‘‘in set- minutes to the gentleman from Illinois LAHOOD) would listen to this, a par- ting forth principles to guide the func- (Mr. LAHOOD). ticular individual, a Pittsburgh real es- tioning of a fair and equitable Organ

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1690 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Procurement Transplantation and acted to provide for the establishment and op- of organs available for transplantation. I urge Transplantation Network in the 21st eration of an Organ Procurement and Trans- all of my colleagues to support passage of this Century.’’ plantation Network. The bill clarifies that the critical measure. The question of how to allocate a Network is responsible for developing, estab- Mr. BROWN of Ohio. Mr. Chairman, I limited supply of organs among indi- lishing and maintaining medical criteria and yield 5 minutes to the gentleman from viduals in need of a transplant is ex- standards for organ procurement and trans- Michigan (Mr. DINGELL), ranking mem- tremely serious with life or death con- plantation. ber of the Committee on Commerce sequences, as I have already said, for Mr. Chairman, those experts at the forefront and the Dean of the House. the patients affected. Their lives of changes in the medical profession are best (Mr. DINGELL asked and was given should not be subject to the whims of suited to adjust policies in light of new tech- permission to revise and extend his re- the political process or the judgments nology and medical understanding. In a letter marks.) of government bureaucrats with little last year, the American Society of Transplant Mr. DINGELL. Mr. Chairman, I or no experience in the field of trans- Surgeons (ASTS) identified the bill as ‘‘an im- thank the gentleman from Ohio for plantation. portant step forward in setting forth principles yielding me this time. Mr. Chairman, I We also should remember that many to guide the functioning of a fair and equitable rise in opposition to H.R. 2418, and I States, my State of Florida, Texas, so Organ Procurement and Transplantation Net- urge my colleagues to vote against this many others, have very successful pro- work in the 21st Century.’’ bill and to vote for the Moakley- grams to encourage organ donation; This legislation recognizes that decisions re- LaHood amendment. That will give us and those have been developed at the garding organ procurement and transplan- a decent proposal. State level. tation are best left to the medical community— This bill is founded on deceit, mis- So there is an incentive to say to a as Congress intended in passing the National representation, and falsehood by a fellow Floridian or fellow Texan or Organ Transplant Act in 1984. It will ensure rather shoddy, shabby contractor who whatever the case may be that your that organs are distributed based on sound seeks an absolute monopoly over the organ will in all probability be used in scientific principles—without regard to the eco- handling of organs in this Nation and this State or in this particular region, nomic status or political influence of a recipi- which seeks as contractor to be totally provided that there is a category 1 or ent. exempt from the controls that the Fed- category 2 patient that needs the par- The question of how to allocate a limited eral Government would impose on any ticular organ. Of course it will be supply of organs among individuals in need of other contractor. In addition to that, it moved to another region if, in fact, a transplant is extremely serious—with life-or- seeks to have itself fixed in a position there is not. death consequences for the patients affected. where it can never be replaced. That is The program in Florida operated by Their lives should never be subject to the what is at the bottom of this bill. Any- LifeLink has increased donations by al- whims of the political process or the judg- body who does not know that is not a most 50 percent in the last 3 years ments of government bureaucrats with little or very good reader of legislation. alone. We cannot interfere with that. no experience in the field of transplantation. Now, having said that, let me tell my Mr. Chairman, I stand before you today to This point was reinforced by a letter I re- colleagues something else. UNOS, ask my colleagues to join me in supporting ceived last year from Kathy Gibson, a 49-year- which is the contractor, seeks to use a passage of H.R. 2418, the ‘‘Organ Procure- old constituent who received two kidney trans- rather unfortunate situation where ment and Transplantation Network Amend- plants in one year. The second transplant, there is a shortage of organs to put ments of 1999.’’ which was a success, followed an unsuccess- themselves in a place where they can I introduced this bipartisan bill with Con- ful first transplant using her husband’s kidney. now dictate to the whole Nation. This gressman GENE GREEN to reauthorize the Na- Kathy received her second kidney through situation with regard to organs is a tional Organ Transplantation Act and promote LifeLink Foundation, a nonprofit community very bad one. There is wide disparity in efforts to increase the supply of organs avail- service entity in Tampa, Florida, that operates availability of organs in different parts able for transplantation. H.R. 2418 was four of the nation’s 62 organ procurement or- of this country. People are dying be- passed by my Health and Environment Sub- ganizations. She wrote to tell me how grateful cause of that situation. Healthy people committee last September, and the full Com- she was for LifeLink’s assistance, saying: ‘‘I are getting organs before they need merce Committee approved the bill by voice have nothing but good things to say regarding them, and the very sick are not getting vote in October. my transplant team from Tampa General Hos- organs before they die. If my col- This legislation addresses a serious national pital and LifeLink Transplant Institute . . . they leagues like that situation, this is a health concern. Quite simply, we do not have found me the gift of life.’’ bill that they should support. If they enough organs to satisfy the demand for those H.R. 2418 was drafted with people like do not, then they have no choice but to in need of a transplant. Kathy Gibson in mind. By promoting efforts to oppose it. By even the most optimistic estimates, an- increase organ donation around the country, it The organ procurement legislation ticipated increases in organ supply are not will help ensure that there is an adequate sup- before us is nothing more or less than projected to meet demand. This year, about ply of organs for every patient who needs a a perpetual employment and protection 20,000 people will receive organ transplants— transplant. from public oversight act to take care but more than 40,000 will not. In the last dec- We should remember that many successful of UNOS. Now, while the bill has a few ade alone, the waiting list for transplants grew programs to encourage organ donation have worthy provisions, H.R. 2418 perpet- by over 300 percent. This is literally a matter been developed at the state level. In my home uates an allocation system that the of life and death for tens of thousands of state of Florida, the organ procurement pro- Secretary of Health and Human Serv- Americans each year. gram operated by LifeLink has increased do- ices has found to be inequitable and in- My bill directs the Secretary of Health and nations by almost 50 percent in the past three efficient. African Americans, for exam- Human Services to carry out a program to years alone. Organ allocation policies should ple, wait twice as long for kidneys as educate the public with respect to organ dona- not penalize states like Florida that have Caucasians. Is this something which tion and, in particular, the need for additional worked hard to increase the supply or organs encourages organ donation? I think organs for transplantation. available for transplantation. Instead, we not. The bill acknowledges the advances in med- should encourage other states to become H.R. 2418 will return us to the days ical technology that have enabled the trans- more pro-active in support of organ donation before the National Organ Transplant plantation of organs donated by living individ- initiatives. Act was enacted in 1984. The organ al- uals to become a viable treatment option for To aid those efforts, H.R. 2418 authorizes location system was a balkanized an increasing number of patients. It specifi- the Secretary to establish a public education patchwork of regions based on political cally recognizes the generous contribution program to raise awareness of the need for and geographical considerations as made by each living individual who has do- organ donations. It also authorizes grants to well as amorphous understandings. The nated an organ to save a life. It also author- public and nonprofit private entities to conduct map of these regions makes gerry- izes grants to cover the costs of travel and studies and demonstration projects focused on mandered congressional districts look subsistence expenses for individuals who providing for an adequate rate of organ dona- not only fairly neat, but also elegant make living donations of their organs. tion. by comparison. In addition, H.R. 2418 reauthorizes the Na- Mr. Chairman, H.R. 2418 represents an im- This legislation, as I said, would strip tional Organ Transplant Act, which was en- portant step forward in increasing the supply HHS of virtually all authority. It

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1691 leaves UNOS totally in charge of the safeguard this network that ensures There is plenty of room for com- organ allocation system. It is in con- that the States still have some respon- promise on both sides. We all agree trast and in open conflict with a num- sibilities, some incentive, some reason that medicine and science, not politics, ber of State statutes. No one believes for their State to do a better job of pro- should oversee our Nation’s organ that a situation of allocation based on curing organs than other States. If we transplant policy. Yet we are not see- State boundaries is in the best interest take that out of the system, we really ing much sign of compromise from the of the patients. But that is what we lose a lot of the success of this system. administration on this issue. The De- will be left with if H.R. 2418 is enacted, Whenever one talks to people about partment of Health and Human Serv- with all of the hardships that that will where their organs will be used if they ices’ final amended rule on organ entail for people who are dependent on are given as part of their final decision transplantation is a farce. It does not organ transplants for life itself. making, they are more receptive to move enough from the original pro- It also puts UNOS on top of HHS. The those organs being used close to home posal. Likewise, those in the organ contractor will be dictating to the Gov- if there is a need close to home. I would community, who refuse to budge an ernment and in a fashion which, very like to see a list that the gentleman inch toward compromise, are simply frankly, does not represent the best in- has of healthy people who are getting stalling the process in an unproductive terests of the public. In so doing, it al- organs when sick people are not. I waste of time. lows State hoarding laws to trump think this will help this debate. I be- The organ transplant surgeons in even UNOS’s version of broader shar- lieve this is not happening in this sys- Houston and experts in Houston and ing. tem today. the surrounding area have done a good So if my colleagues want to take care In 1990, Senator ALBERT GORE testi- job of contributing to the debate. They of the sick and the needy and those fied before a subcommittee of the are willing to approach the matter in a who need organs, then they must vote Health and Environment Committee. deliberative and sensible manner. They against this legislation. Senator GORE attacked HHS’s bureau- simply want what is best for their pa- Now, notwithstanding the Organ cratic interference with the independ- tients and their community. Like me, I Transplant Act’s clear directive to pro- ence of the organ procurement and believe that the HHS regulation could mote a more fair and efficient national transplant network. leave small- and medium-sized transplant centers at a significant operating organ allocation system, progress has b 1215 disadvantage, which will ultimately been slow, and frustrations are prop- He testified that the career bureau- erly felt. But that is, in good part, for cause them to shut their doors, leaving crats were interfering with the net- thousands of needy patients few op- two reasons. One, because UNOS has work’s policymaking efforts. In fact, he not done the job that it should; and, tions except to go to the larger centers. charged that HHS bureaucrats teamed H.R. 2418 contains many good initia- two, because there is a distinct short- up in an attempt to remove all policy- tives. It goes beyond organ allocation age of organs available to the people making authority from the network in policies to deal with the related issues, who have needed them. contradiction to the law. not only how organs are allocated but The act was designed so that the Sec- Even a stopped clock is right twice a the number we have to allocate. The retary of Health and Human Services day. Senator GORE was right in 1990. legislation creates a new $5 million could work through a private con- We are right today if we pass this bill. grant program to pay for travel and tractor. That is good. The organ pro- Mr. BROWN of Ohio. Mr. Chairman other expenses for living organ donors. curement transplantation network has could you let each side know how much It authorizes $2 million for carrying expertise in the field of organ alloca- time we have? out studies and demonstration projects tion. This contractor is and always has The CHAIRMAN. The gentleman that will increase organ donations, and 1 been UNOS of Richmond, Virginia. I from Ohio (Mr. BROWN) has 16 ⁄2 min- it requires the network to work ac- would note it has not done a very good utes remaining, and the gentleman tively to increase the supply of dona- 1 job in the public interest. It has fought from Virginia (Mr. BLILEY) has 15 ⁄2 tion of organs. the Secretary every step of the way. minutes remaining. Mr. Chairman, the concern I have is Indeed, it has sought to terminate the Mr. BROWN of Ohio. Mr. Chairman, I that we may lose the success in some Secretary’s power to issue regulations. yield 4 minutes to the gentleman from States with a higher percentage of It has done worse than that. It has Texas (Mr. GREEN). organ donations. Walking over here I taken steps to set itself firmly as the Mr. GREEN of Texas. Mr. Chairman, had a discussion with a colleague of everlasting contractor who will handle I thank my colleague, our ranking mine from Wisconsin who said that organs allocation. UNOS has engaged member on the Subcommittee on Wisconsin does a great job in trying to in an unprecedented lobbying cam- Health and Environment, for yielding increase organ donations, yet some paign against any changes in its alloca- me this time, particularly since he other States may not. So what we will tion policies. It has also misrepre- knows we are on opposite sides on this see is some State doing a great job hav- sented the positions of the Secretary. issue. ing their organ donations transferred It is a very deceitful institution. Mr. Chairman, in Texas we have a to somewhere else that is not doing a Let us note the regulation which is saying, ‘‘If it ain’t broke, don’t fix it.’’ good job. in question. It tells UNOS to propose Our current system is not broke. It That is why this bill is needed and an improved allocation system. That is needs to have a tune-up, but it is not why it is so important, Mr. Chairman. all the Secretary wants it to do. But broke, and the HHS rules go much too I regret that HHS has chosen to force this is anathema to UNOS, and it is far. the new regulations on the transplant something which this Congress cannot I am proud to be an original cospon- community that nearly unanimously permit. sor of this bill, because I believe it rejected them. If we continue to stale- There is more bad to be said about would move forward the debate on the mate, no one will benefit. That is why UNOS, and there is more bad to be said crucial issue of organ transplant pol- we need to move forward with this leg- about this legislation. icy. While I strongly support the legis- islation and hopefully come up with a Mr. BLILEY. Mr. Chairman, I yield lation, I am also concerned about our compromise. 11⁄2 minutes to the gentleman from Mis- timing today. I know we are trying to Mr. BLILEY. Mr. Chairman, I yield 1 souri (Mr. BLUNT). work out a compromise. Our colleagues minute to the gentleman from Ten- Mr. BLUNT. Mr. Chairman, I thank on the Senate side, Senator FRIST and nessee (Mr. BRYANT), a member of the the gentleman from Virginia for yield- Senator KENNEDY, are working on this committee. ing me this time. and are meeting with organ transplant Mr. BRYANT. Mr. Chairman, Con- Mr. Chairman, I come up in opposi- representatives to hammer out a com- gress should pass this legislation today tion to the rule; and because of that, I promise. I am hoping our actions today because it reauthorizes the National am for the bill. The rule is a power do not jeopardize real bipartisan solu- Organ Transplant Act of 1984. Back grab. The bill is a continuation of tions that are being developed. Hope- then, Congress in its wisdom set up a where this Congress has been for the fully, this bill today will move this private partnership between the med- past 16 years. The bill continues to issue forward. ical community and patients. Congress

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1692 CONGRESSIONAL RECORD — HOUSE April 4, 2000 decided that the difficult decisions, the sector entity receiving HHS assistance relative to pay UNOS to get an organ. UNOS medical decisions involving the alloca- to contract funding. The 1984 law did not au- could spend all its fees on expensive tion of scarce organs should be made thorize HHS to establish medical criteria or trips lobbying Congress or a new $7 by this private partnership and not by policies for the network. This measure insures million headquarters that they are ac- government officials. That is the way that organ allocation policies are decided lo- tually talking about spending money the system has worked very well for 15 cally. on, and the American public would be years. Therefore, Mr. Chairman, I urge the Con- powerless to stop them. This legislation does give the Sec- gress to pass this valuable legislation which I think this bill is fatally flawed. We retary of HHS some oversight author- not only promotes organ donation but also should never contract with a group and ity, and that is how it should be. But assures that those with medical expertise can then turn over to them all this power. this bill leaves the real medical deci- work with patients, donors and their family I think it is probably unconstitutional, sion making about who gets organs members to develop the best organ policy. but it is certainly a bad idea. Let us firmly within the transplant commu- Mr. BROWN of Ohio. Mr. Chairman, I make sure that UNOS works for us and nity, which is exactly where it belongs. yield 31⁄4 minutes to the gentleman we do not just work for UNOS. What we I urge my colleagues to strongly sup- from California (Mr. WAXMAN). want is a fair, equitable system. port H.R. 2418, as it is the right bill at Mr. WAXMAN. Mr. Chairman, let me Ironically, UNOS, on March 15, 2000, the right time. give some background on this issue. In wrote to the gentleman from Michigan Mr. BROWN of Ohio. Mr. Chairman, I the mid-1980s, we did not have any Fed- (Mr. DINGELL) saying UNOS and HHS yield such time as he may consume to eral involvement in this area, and we are working closely together to ensure the gentleman from Texas (Mr. BENT- found that there was an ad hoc region- an effective and efficient implementa- SEN). to-region system in place to procure tion of these rules, including an organ (Mr. BENTSEN asked and was given organs and to distribute them. So we allocation provision. Why should we permission to revise and extend his re- adopted a law to set up a national step in now and say we are not going to marks.) organ recruitment and distribution let the Secretary be involved, we will Mr. BENTSEN. Mr. Chairman, I rise in sup- system so that anyone in this country just let UNOS decide this policy on port of H.R. 2418, the ‘‘Organ Procurement would have a fair chance to get an their own? and Transplantation Network Amendments,’’ a organ when they needed that trans- I urge opposition to the bill. measure that I am cosponsoring. plantation. The biggest problem we Mr. BLILEY. Mr. Chairman, I yield 1 This legislation, H.R. 2418, would re-author- have in this country is we do not have minute to the gentleman from Wis- ize the National Organ Transplantation Act, enough organs for all the people that consin (Mr. GREEN). which was enacted to provide for the estab- are waiting. Mr. GREEN of Wisconsin. Mr. Chair- lishment and operation of an Organ Procure- Now, this national law was created to man, I thank the chairman for yielding ment and Transplantation Network. This Net- establish a national system, and wher- me this time. work would be responsible for developing, es- ever an individual lived they would not As I suspected, today there is a lot of tablishing and maintaining medical criteria and be penalized because they lived in a testimony aimed primarily at mud- standards for organ procurement and trans- particular location. We wanted this dying the water. Let me boil this bill plantation. This bill would also promote efforts distribution system; and to work it all down, this good bill, to two simple to increase the supply of organs available for out, the government contracted with facts. transplantations. an organization called UNOS. UNOS is Fact number one: Back in 1984, Con- Every year, more than 20,000 people re- a private organization. They have a gress tried to take politics out of this ceive organ transplants in the United States. government contract to set up this sys- process and turned decision making While we have made great strides in providing tem. Now, UNOS is a private organiza- over to health care professionals. That these life-saving procedures, only one in three tion, but they are supposed to be work- is this entity we keep hearing about, candidates for organ transplants actually un- ing on behalf of the public. UNOS, as though it is some alien crea- dergo surgery. In the last decade alone, the The Secretary proposed some ture. waiting lists for transplants have grown by changes on the allocation system to UNOS is comprised of health care over 300 percent. The key to solving the make it more equitable nationally. professionals in this field. Now, unfor- organ allocation crisis is to increase the supply UNOS did not like that, and they spent tunately, the bureaucracy is striking of donor organs. H.R. 2418 encourages organ a lot of their money lobbying against back and wants to repoliticize the donation through new, innovative programs it. They argued that what is happening process. aimed at increasing the number of living do- is there is a top-down system being put Fact number two: There is a tremen- nors and recognizing organ donors and their into place, and they stirred a lot of dous shortage of organs nationwide. family members. commotion against the administra- But some States, like my home State This legislation, H.R. 2418, would require tion’s original proposal. of Wisconsin, are doing a great job the Secretary of Health and Human Services Well, after that proposal was offered, through public education and have a (HHS) to create a program to educate the the Institute of Medicine did a study. high percentage of organ donations. public with respect to organ donations. This They evaluated the situation and they Unfortunately, the bureaucracy wants bill would also authorize a new grant program came up with some good recommenda- to punish States like Wisconsin, which to cover the costs of travel and subsistence tions, which are part of the LaHood is doing a good job, and wants to put expenses for individuals who make living do- amendment, which I will be supporting them down and send the organs else- nations of their organs. In addition, H.R. 2418 later. The bill before us is not to incor- where. Only in Washington would this acknowledges the advances in medical tech- porate the constructive proposals, but make sense to some people. nology that have enabled transplantation of or- it is to say the original proposal of the Fact number one: Let us keep poli- gans donated by living individuals to become Secretary was not good, the subsequent tics out of this process. Fact number a viable treatment option for an increasing proposal we are not even going to look two: Let us reward States that are number of patients. at, and we are going to turn the whole doing a good job. Please support this This bill also provides some much needed system over to UNOS, and UNOS will bill. clarification to the relationship between HHS run it and UNOS will not have to be ac- Mr. BROWN of Ohio. Mr. Chairman, I and the Organ Procurement and Transplan- countable to anybody. yield 2 minutes to the gentlewoman tation Network (OPTN) to reflect what Con- They will, in effect, be the ones to from the Virgin Islands (Mrs. gress intended when it first established the take the place for the protection of the CHRISTENSEN). network in 1984. Congress has consistently public interest. But there will be no Mrs. CHRISTENSEN. Mr. Chairman, recognized that the management and formula- public accountability on behalf of I thank the gentleman for yielding me tion of organ donation and transplantation poli- UNOS. UNOS would have veto power this time. cies are best left in the hands of those who over every single aspect of our Nation’s As a physician, I rise to register my are directly affected—the medical community, organ allocation system, everything strong opposition to H.R. 2418 and in patients and donors. The original 1984 legisla- from who gets an organ, who does not, support of the revised regulations that tion provided for a network that is a private to how it spends the fees patients have were established by the Department of

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1693 Health and Human Services which seek nally up to category one when he got be, and because new developments and to address the inequities that exist in his liver. He did not go to the head of breakthroughs in medical science could quick- the current transportation policies. the line. ly be implemented into the system. That is That is why I support the Moakley- Mr. Chairman, I reserve the balance why we have the best transplant system in the LaHood-Peterson-Rush amendment. of my time. world and that is why we need to continue to The only determining factors that Mr. BROWN of Ohio. Mr. Chairman, develop transplant policy in the private sector should be taken into account when de- how much time does each side have re- transplant community. ciding who gets a transplant and when maining? What we should do today is support H.R. is availability of the needed organ and The CHAIRMAN. The gentleman 2418 because it is the one bill that recognizes medical necessity. We cannot allow from Virginia (Mr. BLILEY) has 121⁄2 the contributions made by the thousands of that determination to be based on minutes remaining, and the gentleman patients and their families, volunteers, and where one lives. That would not have from Ohio (Mr. BROWN) has 73⁄4 minutes medical professionals that make up the trans- helped my constituent, Vincent remaining. plant community. It keeps transplant policy de- George, or the many others who are Mr. BROWN of Ohio. Mr. Chairman, I cision-making in the private sector and it fo- alive today because they were lucky reserve the balance of my time. cuses on the real problem in transplant policy, enough to get an organ when it was Mr. BLILEY. Mr. Chairman, I yield 2 the shortage of organs. medically necessary. minutes to the gentleman from Ala- Since 1984, the number of people receiving Mr. Chairman, people of color right bama (Mr. BACHUS). organs has increased each year. In 1998, now do not have equal access to organ (Mr. BACHUS asked and was given more than 21,000 Americans received the transplantation. While I commend the permission to revise and extend his re- ‘‘Gift of Life.’’ Unfortunately, donation rates are sponsors of this bill for creating new marks.) not keeping up with the demand for trans- incentives to encourage people to be- Mr. BACHUS. Mr. Chairman, I love plants and it is imperative that we in Congress come organ donors, I cannot believe, as this body because we start off talking do everything we can to encourage more the supporters of this bill would have about all sorts of esoteric comments organ donation. That is what H.R. 2418 seeks us to, that a person willing to be a and then, as the debate narrows, we to do. I urge my colleagues to support this bill. Mr. BROWN of Ohio. Mr. Chairman, I donor would not want that organ to go really get to what the issue is. yield 11⁄2 minutes to the gentleman to the person who needs it most. As the gentlewoman from the Virgin from Michigan (Mr. DINGELL). This bill is seriously flawed because Islands (Ms. CHRISTENSEN) says, I support HHS; I support Donna Shalala. I Mr. DINGELL. Mr. Chairman, there it ignores the recommendation of the is a great misapprehension about what independent study authorized by this believe that she ought to set policy and procedure for organ transplants. is going on here. The only thing that body that there be Federal oversight of the Department of HHS has suggested the OPTN, and also because it does not Those of us who support H.R. 2418 think it ought to be where it has been to the UNOS people is that they should require standardization of patient list- come forward with new allocation poli- ing practices and broader sharing of or- for the last 16 years, with the medical community, with the transplant com- cies which are fair. gans, which is essential to ensuring Now, why is that necessary? First of munity, with the donors, with their fairness in the system and optimal out- all, it is necessary to consider the fact families, with the professionals. come for patients. that some patients are sick and are That is all this vote is about: Do we We cannot run the risk of allowing going to die if they do not get an organ give oversight to the Federal Govern- profit motives or politics to impact in transplant. There is also the need to ment, do we involve the bureaucracy, any way in the organ allocation proc- consider the disparity that exists be- or do we allow the medical community ess. We must act to promote and pro- tween minority groups and Caucasians. to make medical decisions? tect the public health. I ask that the Unfortunately, minority groups are not There are problems with the system. bill H.R. 2418 be opposed and that my infrequently waiting longer than are There is a shortage of organs. H.R. 2418 colleagues support the access of all of Caucasians. the people of this country to a trans- addresses that. But we have no short- It is also true that, under the alloca- plant whenever it becomes medically age of Federal bureaucracy in the sys- tion system now in place by UNOS, we necessary no matter where they live. tem. Let us keep it out. Let us keep it are finding there are major differences The Department must have oversight. I the best system in the world where it is between different parts of the country. support the LaHood-Moakley-Rush-Pe- today. Let us keep the government, let For example, in two major liver trans- terson amendment. us not make it a Federal Government plant centers in Kentucky, one trans- Mr. BLILEY. Mr. Chairman, I yield system. Let us keep it in the organ plant center has waiting times of 38 myself 1 minute, because I am con- transplant community where the vast days and the other 226 days. That needs fused. majority of medical professionals and to be addressed. In Louisiana, in one Some of my colleagues on the other patients and their families and volun- center it is 38 days. In another it is 226. side of the aisle, my ranking member, teers say it ought to be. In Michigan, the difference is 161 days the gentleman from Michigan (Mr. DIN- Mr. Chairman, I support H.R. 2418 because and 401 days. GELL), and my good friend, the gen- I believe organ transplant science and organ Imagine if one lives in the State tleman from California (Mr. WAXMAN), transplant policy in the United States is the where the wait is longer and imagine are saying that we should let the Sec- very best in the world. The bill before us today then what their vote would be on this retary make these decisions as to is designed to build on the achievements particular piece of legislation. Because, where these things should go. Well, made since passage of the original National in those areas, sick people are dying just a few months ago they were here Organ Transplant Act in 1984, legislation that because they are not being fairly treat- on the floor arguing overwhelmingly set up the current system for organ transplant ed. That is what is at stake. for the Dingell-Norwood bill saying policy in the United States. HHS has called on UNOS to come for- just the opposite; that when we have You will hear today from others who will ward with a newer, fairer, better allo- medical decisions they should be made argue that they have a better plan. One that cation system. And that is what UNOS by medical people, not by bureaucrats. would give the Federal Government more con- is rejecting, and that is why we are op- trol over transplantation. Unfortunately, their posing this particular legislation. We b 1230 proposals would wrest authority from the very think that this should be done in a fair It is somewhat confusing. I also people, the organ transplant community, who fashion and done under the direction of heard that healthy people are getting are responsible for the modern system of the Secretary, not under the direction organs before the sick but that, yet, organ transplantation that has saved thou- of a self-serving contractor. nobody can come forward with any sands of lives. Mr. BLILEY. Mr. Chairman, I yield 1 names. We had the great baseball play- The transplant community, not the Federal minute to the gentleman from Oregon er Mickey Mantle mentioned. He had Government, was given this responsibility, (Mr. WALDEN). cirrhosis of the liver. He was a cat- under the 1984 NOTA law, because Congress Mr. WALDEN of Oregon. Mr. Chair- egory three. As he got sicker and sick- believed that those who are on the front lines man, I rise today in support of this leg- er, he moved up to category two, fi- know what the best transplant policy should islation. I do so both from a personal

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1694 CONGRESSIONAL RECORD — HOUSE April 4, 2000 standpoint and from a public-policy Do not let this power grab happen. waiting for that evidence. I am wait- standpoint. Unless we pass the bill, Federal bureau- ing, because I believe that is a mistake, When I served in the Oregon legisla- crats will become the masters of what anybody who made that statement. ture, I worked hard to reform our ana- happens to our bodies when we die: our It says the decision should be in the tomical donation process so that every- lungs, our heart, our kidney, our liver, hands of doctors and not in the hands body on their Oregon driver’s license whatever it may be. It has to be ap- of bureaucrats. Share with me, also, can list this on the back; so, indeed, if proved by the Federal Government be- how urging the system to have a fair they are killed, they are immediately fore we can be an organ donor. Stop the allocation system puts anything in the available if they want to have their or- power grab. Do not cut off the incen- hands of bureaucrats. We are asking gans transplanted. tive for the States. Support this bill. them do it a little better. We should. I stand here today as a father whose Mr. BROWN of Ohio. Mr. Chairman, I I also heard today that all transplant son died waiting for a heart transplant. yield 1 minute to my friend, the gen- centers in all States are all equally He never received that transplant but tleman from Pennsylvania (Mr. MAS- successful. Well, I want to share with was in line to. He died before we had CARA). my colleagues today, if they are going the opportunity to get him to where he Mr. MASCARA. Mr. Chairman, I to have an organ transplant, look at could get that. thank the gentleman for yielding me how often they do it. Look at their suc- I want medical professionals making the time. cess rate. My colleagues, they vary. this decision, not the agency that Mr. Chairman, I rise today to express Each of us hope we never need an brings us HCFA and regulations and my opposition to H.R. 2418, the Organ organ transplant. But we sure hope bureaucracy. I want an effort that Procurement and Transplant Network that economics should not rule over causes other people to sign up to be do- Amendments of 1999. good medical decisions. nors and to be active in this process to This misguided approach to address- The amendments we are going to get give the gift of life. That is best done ing our Nation’s organ-sharing needs will take what this bill bypassed, the through this legislation, Mr. Chairman. goes against logic. The current system report that was given to us by the In- Mr. BROWN of Ohio. Mr. Chairman, I is not working, and the bill preserves stitute of Medicine. Allocation policies reserve the balance of my time. the status quo. An estimated 68,000 should be based on sound medical prin- Mr. BLILEY. Mr. Chairman, how Americans are on the waiting list for ciples and valid scientific data. Alloca- much time do I have remaining? an organ transplant. A new person is tions should be designed to share or- The CHAIRMAN. The gentleman added to the list every 16 minutes, and gans over as broad a geographical area from Virginia (Mr. BLILEY) has 91⁄2 min- each day 10 to 12 people die while still as possible. It did not say how. It did utes remaining, and the gentleman waiting for a transplant. not say how far. It said as far as pos- from Ohio (Mr. BROWN) has 61⁄4 minutes Last year, Congress asked the Insti- sible. remaining. tute of Medicine to examine the cur- I live 50 miles from a State border. I Mr. BLILEY. Mr. Chairman, I yield 2 rent organ-sharing system. The IOM would hate to think because I live 50 minutes to the gentleman from Okla- report clearly supported restructuring miles outside of the State next to me I homa (Mr. ISTOOK). the current system to be more respon- might not get an organ or somebody in Mr. ISTOOK. Mr. Chairman, I sup- sive to the needs of the public. The bill that State might not get an organ be- port this bill. This bill will stop a does nothing to accomplish that. cause they were 50 miles outside of power grab by the administration, one I ask my colleagues to support the that State. of the most distasteful power grabs LaHood-Moakley substitute amend- My colleagues, we need medical prin- that we have seen. ment and oppose H.R. 2618. Let us fix ciples driving the system. There are The administration says the Federal the organ-sharing system to help our huge flaws in the system. The legisla- Government should decide and control Nation’s sick, not hurt them. tion that is before us gives almost no what happens to their body when they Mr. BLILEY. Mr. Chairman, I yield 3 oversight to anybody to the system. die. If they want to donate an organ, minutes to the gentleman from Penn- We do not want bureaucrats; nobody then Uncle Sam’s bureaucrats will take sylvania (Mr. PETERSON). wants bureaucrats making decisions. over to decide what is going to become Mr. PETERSON of Pennsylvania. Mr. And bureaucrats will not make deci- of their heart, their kidneys, their Chairman, I thank the gentleman for sions. We, as a Congress, cannot let liver; and they will decide who can get yielding me the time, even though we them make decisions. But we need eco- a transplant and who cannot. may disagree on this policy. nomics not to drive this system. We It is tough enough for doctors and Mr. Chairman, I rise to state that need good medicine to drive this sys- hospitals to have to make that decision this bill needs further work. We have tem. And if they do, we will amend this on medical judgment. We do not need an amendment a little later that will bill later and improve it. bureaucrats making it instead. So this do that. Mr. BROWN of Ohio. Mr. Chairman, I most personal decision would become a I want to share with my colleagues yield myself such time as I may con- Federal issue. States right now go to from the Forbes report. Last year sume. great lengths to encourage people to be 485,000 Americans died while waiting Mr. Chairman, I would like to first organ donors. for transplants. This does not even reiterate as we close this debate the Some, like Oklahoma, are very suc- count people pulled off the list after opposition to this bill from the admin- cessful in this effort with driver’s li- they became too sick to handle a trans- istration and the belief from the De- censes and other ways of indicating plant. partment of Justice that this bill is un- their desire. Other States, well, they do It is a matter of debate how much constitutional. not have as much success so they want lower the number of deaths would be if The Statement of Administration the administration to help them, to the system for obtaining and allocating Policy says, ‘‘The Administration help them reach over to where there organs were more rational, said the strongly opposes House passage of H.R. are people willing to make organ dona- Forbes record, more rational. 2418. It raises serious constitutional tions and reach over and grab those The next one they stated, most doc- issues, would preserve existing inequi- and take them to where they want tors involved in the business fear of- ties in the organ transplantation sys- them, all through a Federal power fending UNOS lest their organ supply tem, and could result in potential harm grab, not by encouraging more people be affected. We have a system that has to patients. If H.R. 2418 were presented to donate but by saying, we are going our physicians afraid to speak up for to the President in its current form’’ it to reach in and take from where people fear they will not get organs. We have says in this Statement of Administra- have a successful program underway. heard today that it should be a totally tion Policy, ‘‘his senior advisors would Now, if their State wants a different independent network. And I say, re- recommend that he veto the bill.’’ system, then their State ought to have sponsible to whom? Show me anything In a letter from the Justice Depart- the ability to do so. Who says the Fed- that should not be responsible to some- ment to the Speaker of the House, the eral Government is in charge of everybody. Assistant Attorney General writes, body when we die? Who? Not me. Not We also heard today that the sickest ‘‘We believe that to the extent Con- the Constitution. candidates first would cost lives. I am gress intends to insulate the Network’s

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1695 exercise of policy-making authority which most often determine life and organ donation and organ donor awareness from the Secretary’s supervision, the death to be made by medical people de- nationwide. H.R. 2418 addresses this problem proposed legislation raises significant void of politics. And that is why the by directing the Secretary to carry out a pro- constitutional concerns. Nevertheless, overwhelming reason why we should gram to educate the public with respect to even if the courts were to sustain the adopt this bill. organ donation, with particular emphasis on legislation in the face of a constitu- We then heard about the Justice De- the need for additional organs for transplant. I tional challenge, we would strongly op- partment and questioning the Con- am also pleased to learn that this measure pose the bill’s restrictions. As the bill stitution. Well, does the sick chicken would authorize grants to cover the costs of seeks to remove from the executive case still rule the roost? travel and subsistence expenses for individ- branch important oversight functions, The Department of Justice questions uals who make living donations of their or- it appears to constitute a substantial whether delegating public policy to a gans. and unnecessary intrusion into the ex- private entity violates the Constitu- Mr. Chairman, it is vitally important that ecutive branch’s role of implementing tion and whether Schechter Poultry Congress reauthorize the NOTA. We must Federal regulatory programs and to Corporation v. United States (295 U.S. also ensure that the decision making process compromise the core governmental 495 (1935)) still serves as a barricade. remain in the hands of the experts directly in- value of political accountability for In 65 years, the court has not struck volved in the transplant community. I urge my policy decisions affecting the public.’’ down as unconstitutional any such del- colleagues to join me in supporting the ‘‘Organ Mr. Chairman, I am pleased to hear egation. And, indeed, the late Justice Procurement and Transplantation Network my Republican colleagues talk over Thurgood Marshall once wrote, ‘‘The Amendments.’’ and over about how we should leave it notion that the Constitution narrowly Mr. POMEROY. Mr. Chairman, I rise in op- to the medical profession to make med- confines the power of Congress to dele- position to H.R. 2418, the Organ Procurement ical decisions. We on this side whole- gate authority to administrative agen- and Transplantation Network Act. I strongly heartedly agree and are glad to see our cies, which was briefly in vogue in the support efforts to increase the number of colleagues finally coming around. 1930s, has been virtually abandoned by organ donors and the supply of organs avail- For the past 3 years, we have been the Court for all practical purposes.’’ able for transplantation. I also believe that concerned that HMO bureaucrats are b 1245 medical decisions should be made with input making medical decisions, not doctors, from the medical community. In trying to ad- and have been working with the gen- These are red herrings, Mr. Chair- dress these issues, however, H.R. 2418 brings tleman from Georgia (Mr. NORWOOD) to man. This is a good bill. The gentleman up questions of constitutionality, competition, change that. from Oklahoma (Mr. ISTOOK) put it and financial abuse. We have a piece of legislation, the right. What this is is a power grab on This measure would give the United Net- Patients’ Bill of Rights, which would the part of the administration to re- work for Organ Sharing (UNOS), the current fix this problem and allow physicians ward a couple of institutions to the Organ Procurement Transportation Network with their patients to make these deci- detriment of the States. We should (OPTN) contractor, broad regulatory authority. sions. This bill is now in conference. enact this resolution, and we should It takes away all meaningful oversight from the My colleagues’ words today give many oppose the LaHood amendment. Department of Health and Human Services, of us on this side encouragement that Mr. SPENCE. Mr. Chairman, I am pleased placing functions of a ‘‘scientific, clinical, or we can actually achieve success in the that the House will today consider H.R. 2418, medical nature’’ within the sole authority of the conference committee on the Patients’ the ‘‘Organ Procurement and Transplantation OPTN. According to the Department of Jus- Bill of Rights in this very important Network Amendments.’’ I am proud to be a tice, this raises ‘‘significant constitutional con- issue. cosponsor of this important measure, and I cerns.’’ A private entity cannot be granted reg- Mr. Chairman, this legislation in rise in unequivocal support. front of us today is fundamentally ulatory authority without executive involve- My friends at the United Network for Organ ment. flawed. It turns our organ allocation Sharing (UNOS) tell me that I am probably the system from representatives of the H.R. 2418 also raises serious concerns re- longest living double lung transplant recipient garding competitive practices. This measure public, our elected and appointed offi- in the world. My successful surgery, like the cials, who are charged with rep- would require that any new contractor selected successful surgery that has been performed resenting the public and advocating by the Department of Health and Human Serv- on other recipients more than 200,000 times and protecting the public interest, it ices to run the OPTN must receive the written since the early 1980’s, was made possible by turns those decisions over to a private endorsement of a majority of the network’s the hard work and dedication of this nation’s bureaucratic organization which, in contractors. This requirement protects UNOS, transplant community. I am alive today be- the end, has no real accountability to the long-standing contractor, from competition cause of the countless doctors, nurses, trans- taxpayers. and violates the Federal Acquisition Regula- Mr. Chairman, I urge my colleagues plant coordinators, and other dedicated indi- tion which mandates competition in all govern- to follow the recommendations from viduals who worked tirelessly for my survival. ment contracts. the Institute of Medicine. I urge my This is, indeed, a remarkable group of people. Our country has had a long-standing ban on colleagues to vote ‘‘yes’’ on the These are the same people to whom Con- the sale of organs, a ban that could be com- LaHood amendment, and I urge my col- gress gave the enormous responsibility of op- promised if H.R. 2418 were to become law. leagues to vote ‘‘no’’ on the underlying erating the Organ Procurement and Transplant The measure allows the OPTN to accept ‘‘gifts legislation. Network (OPTN) when organized in 1985. of money or services’’ from patients on trans- Mr. Chairman, I yield back the bal- They have responded with the enthusiasm plant waiting lists, but fails to state that pref- ance of my time. and dedication we expected, freely contrib- erential treatment may not be given to these Mr. BLILEY. Mr. Chairman, I yield uting more than 1.5 million man-hours to the patients on the basis of their gifts. In effect, myself such time as I may consume. effort. The result of their collective labors is a these patients could ‘‘buy’’ their way up the list Mr. Chairman, in closing, I would transplant system that is the envy of the world. and into a transplant for the right price. like to make three points why we It is fair, objective, and it is in the proper Finally, I am concerned by a current trend should adopt this legislation. First of hands—the doctors, patients, donor families, among states to pass laws that give priority in all, one of the speakers just recently in and other experts who care most. organ transplantation to state residents over the well says there is nothing here to We suffer from a tragic shortage of organs. out-of-states residents, regardless of medical stop these people from making deci- I commend Secretary Shalala for her attention necessity. While we must continue to encour- sions, we just want them to make bet- to the important issue of organ donation. How- age organ donation nationwide, our intent ter decisions. ever, I fear that the plan promulgated by the must be to serve those with the greatest Well, who is to determine whether Department of Health and Human Services needs. they make better decisions? Bureau- (HHS) would not have the intended effect. In- Mr. STARK. Mr. Chairman, I rise in opposi- crats at HHS, not medical people, not stead, the HHS plan would remove an integral tion to H.R. 2418, the Organ Procurement and doctors. They are the ones that would element of the organ donor network—the inti- Transplantation Network Amendments of 1999 be making the decisions. mate and private relationship between trans- and in support of the amendment offered by Congress, when we passed this origi- plant professionals, patients, and donor fami- Representatives LAHOOD, MOAKLEY, RUSH and nally, said, we want these decisions lies. The focus must be placed on increasing JOHN PETERSON.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1696 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Without this bipartisan amendment, H.R. Service (HHS) regulations intended to improve authority and to give a private contractor a 2418 will result in needless deaths and is bad organ allocation and transplantation nation- monopoly over the nation’s organ allocation health policy. wide and called upon the IOM to study the program. And support a fairer allocation sys- More than 66,000 Americans currently await current system. The IOM’s July 1999 report tem that bases transplant decisions on com- an organ. Every day about 13 people die wait- overwhelmingly supports the HHS regulations mon medical criteria and pure professional ing for a transplant. If we want to save lives, and directly contradicts H.R. 2418 provisions. medical opinion. The LaHood-Moakley-Rush- or nation’s organ allocation system must be For example, the IOM called for increased fed- Peterson amendment will make these im- improved—unfortunately, H.R. 2418 is not the eral (HHS) oversight over the organ allocation provements a reality. answer. system. In contrast, H.R. 2418 constitutes an Mr. TERRY. Mr. Chairman, I rise in opposi- Organ allocation policies established by the unprecedented attempt to give a federal con- tion to H.R. 2418, the Organ Procurement and United Network for Organ Sharing (UNOS), tractor control over life-and-death health care Transplantation Network Amendments of the current private contractor in charge of dis- policy decisions as well as control of more 1999. tributing organs procured for transplant, are in- than billions in taxpayer dollars—with no The University of Nebraska Medical Center equitable. Under UNOS’ system, patients with meaningful oversight by the government. in my District is one of the premier organ similar severities of illness are treated dif- The HHS organ allocation regulation at- transplantation centers in the country. Gifted ferently depending on their location. UNOS’ tempts to move to a system based on medical and dedicated doctors and surgeons at this system relies more on geography than med- necessity instead of geography, with medical center have performed more than 2,800 organ ical urgency; consequently, organs are offered professionals making medical decisions about transplants on patients from all fifty states. first to people in a local, regional area and the best way to allocate the limited number of They are recognized as world leaders for their only when there are no local patients available donated organs. The newly revised rule incor- exceptional success with high-risk liver trans- is the organ offered to sicker patients on a porates comments and recommendations from plants. broader level. This means that some of the the IOM, UNOS, transplant and advocacy But there are simply not enough organs most deserving patients will not receive an communities, patients, and the general public available to help all the terribly sick people organ solely because of where they live or to ensure the neediest patients receive organs who come to the Medical Center. And H.R. where they seek treatment—which often times first—regardless of where they live. Further ef- 2418 would make sure it stays that way. is a managed care plan’s decision. H.R. 2418 forts to delay this rule will only cause needless Until this year, organs were allocated by ge- would preserve these existing inequities. deaths. ography instead of medical necessity. Trans- In addition to permitting such inequities, H.R. 2418 ignores the impartial view of the plant patients were placed on waiting lists that H.R. 2418 has many other flaws. The Presi- IOM scientists whereas the HHS regulation in- prioritized who gets organs first by state, then dent’s senior advisors will recommend that he corporates the impartial recommendations of region, and lastly by nation. This geographical veto the bill in its current form. H.R. 2418 the scientific community. In fact, a January 14, approach did not help the sickest patients get would strip public accountability over the na- 2000 issue of Science magazine reports that transplants. And it went against the intent of tion’s organ allocation system and give power IOM scientists had found no evidence sup- Congress that all Americans should be treated to a private contractor—a delegation of federal porting the objections raised against the HHS equitably. authority that the Department of Justice cited final regulation. The IOM found no evidence The Secretary of Health and Human Serv- as raising ‘‘constitutional concerns.’’ This bill that distributing organs across broader areas ices tried to increase organ sharing in 1998, would also provide the current, private con- might force smaller transplant centers to close, but Congress delayed this plan until last year tractor (UNOS) with a monopoly over the nor that broader allocation would drive down by asking for a study from the National Acad- organ procurement contract, and contradict donation rates. And the IOM found no evi- emy of Sciences. When this study came back, the recommendations recently set forth by the dence that minorities and economically dis- it supported the Secretary’s efforts to allocate Institute of Medicine. advantaged patients would be adversely af- organs based on medical necessity. H.R. 2418 Further, H.R. 2418 protects centers from re- fected by broader sharing of organs. ignores this recommendation, and eliminates leasing comparative transplant center informa- Also, the Science article concluded that oversight and accountability of the organ net- tion to the general public and eliminates the Congress has continued to struggle with the work. This would make it even more difficult scientific registry that currently provides this federal regulations and ‘‘the House Commerce for main transplant centers like the Nebraska data. Last fall, the Department of Health and Committee has approved a bill (H.R. 2418) University Medical Center to get the organs Human Services (HHS) publicized transplant which sides with opponents of the regulation needed to help patients. Without the Sec- center performance data. This comparative in- and ignores the IOM recommendations for en- retary’s organ sharing plan, each patient who formation includes all patients who came onto hanced government oversight.’’ Members comes to the center for help is a big fish in a the transplant waiting list between April 1994 should oppose H.R. 2418 and ensure that the very small pond of ‘‘Nebraska-only’’ organ do- through the end of 1997. Although this data Administration is permitted to implement the nors. was adjusted to correct for differences in the IOM-supported HHS organ allocation regula- Mr. Chairman, it is imperative that precious, severity of patient illness, the data still re- tion. life-saving organs be allocated by medical ne- vealed a wide disparity in transplant center The bipartisan amendment offered by Rep- cessity, not geography. I oppose H.R. 2418, outcomes nationwide. resentatives LAHOOD, MOAKLEY, RUSH and and strongly urge my colleagues to do the For example, the data show that under the JOHN PETERSON incorporates IOM rec- same so sick and dying patients can get the current organ contractor’s policies, a patient’s ommendations to establish a fairer national organ transplants they need to live. chance of receiving an organ transplant de- organ allocation policy. This amendment Mr. DAVIS of Virginia. Mr. Chairman, I rise pends on geography, not on medical need. would provide public accountability through today in support of H.R. 2418 the Organ Pro- For example, in some areas of California, pa- meaningful federal oversight to ensure broader curement and Transplantation Network tients had a 71% chance of receiving a liver sharing of organs and assure that organ allo- Amendments of 1999. I feel very strongly transplant within one year, whereas patients cation decisions are based on medical neces- about the importance of supporting the trans- had only a 24% of receiving a liver transplant sity and not accidents of geography. This plant community in their important life-saving in other areas of California. amendment would also make data widely work and am proud to have signed a pledge In December 1999, the New England Jour- available to the public and establish a sci- to be an organ donor myself. nal of Medicine concluded that liver-transplan- entific advisory board that is separate from the My own sister-in-law was blessed with a tation centers in the U.S. that perform 20 or private organ contractor. The current organ al- second chance in life when she was fortunate fewer transplantations per year have signifi- location and transplantation system has cre- enough to receive a successful kidney trans- cantly higher mortality rates than those cen- ated great disparities in organ allocation and plant. The lives of more than 20,000 men, ters that perform more than 20 transplantation. This amendment would end women and children are now saved each year transplantations per year. If enacted, H.R. such unfairness. by liver, kidney, pancreas, heart, lung, intes- 2418 would make it difficult for patients to ac- A system that offers a level playing field to tine, eye and tissue transplants. cess such life-saving information about trans- all patients no matter where they live is in ev- On April 2, 1998, Labor Health Services plant centers. eryone’s best interest—medical urgency rather Secretary Shalala issued a regulation that In addition, H.R. 2418 contradicts the Con- than geography should be the determining would result in an unprecedented federal take- gressionally-mandated National Academy of standard. over of the organ transplant system. On three Science’s Institute of Medicine (IOM) report. In Oppose H.R. 2418 as well as any efforts to separate occasions, Congress imposed a mor- 1998, Congress delayed Health and Human remove the Secretary’s legitimate oversight atorium that spanned almost two years. Now

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1697 that the moratorium has expired, and the final stitute printed in the bill shall be con- ‘‘(1) The Network shall be an independent, HHS rule has become effective, I am deeply sidered as an original bill for the pur- nonprofit private entity that is a separate legal concerned that the new rule will penalize pa- pose of amendment under the 5-minute entity from the entity to which such contract is awarded. tients in states, such as Virginia, which have rule and shall be considered read. ‘‘(2) The Network shall in accordance with been successful in increasing organ donation, The text of the committee amend- criteria under subsection (b)(3) include as mem- by forcing the shipment of locally-procured or- ment in the nature of a substitute is as bers qualified organ procurement organizations gans out-of-state or even across the country. follows: (as described in section 371(b)), transplant cen- We must now act quickly to ensure that our H.R. 2418 ters, and other entities that have a dem- successful organ transplant program is not Be it enacted by the Senate and House of Rep- onstrated interest in the fields of organ dona- harmed. resentatives of the United States of America in tion or transplantation. (Such members are in H.R. 2418 will ensure that decision-making Congress assembled, this section referred to as ‘Network participants’.) regarding organ transplantation will remain, as SECTION 1. SHORT TITLE. originally intended under the National Organ ‘‘(3) The Network shall have a board of direc- This Act may be cited as the ‘‘Organ Procure- tors (in this section referred to as the ‘Board’). Transplant Act, within the transplant commu- ment and Transplantation Network Amend- The Board shall, after consultation with Net- nity. The distribution of organs should be ments of 1999’’. work participants, establish the policies for car- based on medical criteria established by the SEC. 2. FINDINGS. rying out the functions described in this section Network and not by the political forces that (a) IN GENERAL.—The Congress finds as fol- for the Network. have tainted the promulgation of this new rule. lows: ‘‘(4) The Board shall be in accordance with It is the medical profession and transplant (1) It is in the public interest to maintain and the following: community that should be the authority in de- improve a system for promoting and supporting ‘‘(A) The Board shall include representatives a central network in the private sector to assist termining how to adjust allocations policies to of qualified organ procurement organizations, organ procurement organizations and trans- transplant centers, voluntary health associa- account for new technology and new medical plant centers in the distribution of organs tions, and the general public, including a rea- innovations. among transplant patients and the provision of sonable proportion of the members of the Board Unfortunately, not every person in need of organ transplantation services, and to assure who are patients awaiting a transplant or an organ or tissue is able to receive a life sav- quality and facilitate collaboration among net- transplant recipients or individuals who have ing transplant. One American dies every three work members and individual medical practi- donated an organ or family members of patients, hours because of a shortage of donor organs, tioners participating in network activities. recipients or donors. and nearly 50,000 Americans are on a na- (2) The Organ Procurement and Transplan- ‘‘(B) The Board shall establish membership tional register awaiting organ and tissue trans- tation Network (‘‘Network’’), which was estab- categories and qualifications with respect to plants. The key to solving the organ allocation lished in the private sector pursuant to a con- serving on the Board, and shall have exclusive tract awarded by the Federal Government, authority to admit individuals to membership on crisis is to increase the supply of donor or- should continue to be operated by a nonprofit the Board. Transplant surgeons and transplant gans. H.R. 2418 also addresses this problems private entity pursuant to a contract with the physicians shall comprise not less than 50 per- by creating new incentives for people to be- Federal Government. cent of the membership of the Board. The Board come organ donors. Furthermore, this bill pro- (3) The Federal Government should continue shall be limited to a total of 42 members. vides for studies to discover innovative and to provide Federal oversight of and financial as- ‘‘(C) The Board shall have an executive com- successful approaches to organ recovery and sistance for the services provided by the Net- mittee, and such other committees as the Board donation around the country. work. determines to be appropriate. ‘‘(D) The chair of each such committee shall I commend Chairman BLILEY, Chairman BILI- (4) The responsibility for developing, establishing, and maintaining medical criteria and be selected so as to ensure the continuity of RAKIS, and Representatives PALLONE and standards for organ procurement and transplan- leadership for the Board. GREEN for their efforts in bringing this critical tation belongs in the private sector and is a ‘‘(b) GENERAL FUNCTIONS.—The following ap- piece of legislation to the floor. And I urge my function of the Network. plies to the Network: colleagues to vote in support of H.R. 2418 to (5) The Federal Government should assist the ‘‘(1) The Network shall establish and operate ensure that life and death decisions involved efforts of the Network to serve patient and a national system to match organs and individ- in organ transplantation remain in the hands of donor families in procuring and distributing or- uals who need organ transplants, especially in- the transplant community and the medical pro- gans. dividuals whose immune system makes it dif- fessionals involved in transplantation every (6) The Federal Government should carry out ficult for them to receive organs. ‘‘(2) The national system shall maintain one day. programs to educate the public with respect to organ donation, including the need to provide or more lists of individuals who need organ Mr. RILEY. Mr. Chairman, I rise today in transplants, shall be operated in accordance support of H.R. 2418. This important legisla- for an adequate rate of such donations. (b) SENSE OF CONGRESS REGARDING FAMILY with established medical criteria, shall be oper- tion addresses a serious health concern—the DISCUSSIONS OF ORGAN DONATIONS.—The Con- ated through the use of computers, and may shortage and accessibility of donor organs for gress recognizes the importance of families function on a regionalized basis. transplantation. pledging to each other to share their lives as ‘‘(3) The Network shall establish criteria for Mr. Chairman, in my home state of Ala- organ and tissue donors and acknowledges the being a Network participant, shall establish bama, we have about 1,600 people currently importance of discussing organ and tissue dona- medical criteria for listing patients and for allo- awaiting an organ transplant. For many of tion as a family. cating organs, and shall provide to members of these people, time is running out. However, in- (c) SENSE OF CONGRESS REGARDING LIVING DO- the public an opportunity to comment with re- NATIONS OF ORGANS.—The Congress— spect to such criteria. stead of attempting to help them, the Depart- ‘‘(4) The Network shall maintain a twenty- ment of Health and Human Services is playing (1) recognizes the generous contribution made by each living individual who has donated an four-hour telephone and computer service to fa- unfairly with their lives. organ to save a life; and cilitate matching organs with individuals in- H.R. 2418 will fix this dilemma in several (2) acknowledges the advances in medical cluded in the list. ways. First, it will keep decisions about organ technology that have enabled organ transplan- ‘‘(5) The Network shall assist organ procure- transplants in the hands of the local medical tation with organs donated by living individuals ment organizations in the distribution of organs. community, like the professionals at the Uni- to become a viable treatment option for an in- The distribution of organs shall be based on versity of Alabama at Birmingham, and away creasing number of patients. medical criteria established by the Network, and also shall be based on equity and ethics without from Washington bureaucrats. Second, the SEC. 3. ORGAN PROCUREMENT AND TRANSPLAN- TATION NETWORK. regard to economic status of those awaiting legislation will encourage more people to do- organ transplants and without political control nate their organs because they will be able to (a) IN GENERAL.—Section 372 of the Public Health Service Act (42 U.S.C. 274) is amended to or influence. ‘‘(6) The Network shall adopt and use stand- help those in their community first. read as follows: Mr. Chairman, it is clear that places like ards of quality for the acquisition and transpor- UAB can serve those needing organ trans- ‘‘ORGAN PROCUREMENT AND TRANSPLANTATION tation of donated organs, including standards NETWORK plants much better than HHS. I urge my col- regarding the transmission of infectious dis- leagues to support this legislation and do our ‘‘SEC. 372. (a) IN GENERAL.—The Secretary eases. shall by contract provide for the continuing op- ‘‘(7) The Network shall prepare and dis- part to help them as well. eration of an Organ Procurement and Trans- tribute, on a regionalized basis (and, to the ex- Mr. BLILEY. Mr. Chairman, I yield plantation Network (in this section referred to tent practicable, among regions or on a national back the balance of my time. as the ‘Network’), which contract shall be basis), samples of blood sera from individuals The CHAIRMAN. All time for general awarded to a nonprofit private entity that has who are included on the list and whose immune debate has expired. expertise and experience in organ procurement system makes it difficult for them to receive or- Pursuant to the rule, the committee and transplantation. The Network shall meet gans, in order to facilitate matching the compat- amendment in the nature of a sub- the following requirements: ibility of such individuals with organ donors.

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‘‘(8) The Network shall coordinate, as appro- for information announcing final decisions of ‘‘(2) RELATIONSHIP BETWEEN SECRETARY AND priate, the transportation of organs from organ the Network. NETWORK.—The administrative and procedural procurement organizations to transplant cen- This paragraph may not be construed as prohib- functions described in this section for the Net- ters. iting the disclosure of information within the work shall be carried out in accordance with the ‘‘(9) The Network shall work actively to in- Network, including information disclosed in the mutual agreement of the Secretary and the Net- crease the supply of donated organs. course of interactive organ sharing operations work. For purposes of the preceding sentence, ‘‘(10) The Network shall establish criteria, within the Network. functions that are scientific, clinical, or medical policies, and procedures to address the disparity ‘‘(e) STUDIES.— in nature are not administrative or procedural in mortality rates between children and adults ‘‘(1) IN GENERAL.—The Network shall carry functions and are within the sole discretion of while waiting for organ transplants. out studies and demonstration projects for the the Network. With respect to the programs ‘‘(c) SCIENTIFIC REGISTRY.— purpose of improving procedures for organ pro- under titles XVIII and XIX of the Social Secu- ‘‘(1) IN GENERAL.—The Network shall main- curement and allocation, including but not lim- rity Act, this section may not be construed as tain a scientific registry of patients awaiting ited to projects to examine and attempt to in- having any legal effect on such programs, ex- organ transplantation, persons from whom or- crease transplantation among populations with cept to the extent that section 1138 of such Act, special needs or limited access to transplan- gans are removed for transplantation, and or any other provision of such Act, provides oth- tation, and among children. organ transplant recipients for the ongoing erwise. ‘‘(2) CERTAIN TECHNOLOGIES.—The Network evaluation of the scientific and clinical status of ‘‘(3) NONFEDERAL ASSETS OF NETWORK.— organ transplantation. may study the impact of possible transplantation of animal organs (xenotransplantation) ‘‘(A) IN GENERAL.—No assets in the possession ‘‘(2) REPORTS.—The Network shall prepare for of the Network or revenues collected by the Net- inclusion in the report under section 375 an and other technologies to determine the impact upon, and prevent negative effects on, the fair work, other than amounts appropriated under analysis of scientifically and clinically valid in- section 378, shall be considered or be treated as formation derived from the scientific registry and effective use of human allograft organs. ‘‘(f) QUALITY ASSURANCE; MONITORING OF Federal property, Federal revenues, or program under paragraph (1). NETWORK PARTICIPANTS.—The Network shall funds pursuant to a Federal contract, nor shall ‘‘(d) INFORMATION AND DATA.— monitor the operations of Network participants such assets, revenues, or nonappropriated funds ‘‘(1) IN GENERAL.—The Network shall— to the extent appropriate for determining wheth- be subject to restriction or control by the Sec- ‘‘(A) provide information to physicians and er the participants are maintaining compliance retary, nor shall any member of the Network be other health professionals regarding organ do- with criteria under subsection (b)(3). In moni- required by the Secretary to pay any fees to the nation and transplantation; and toring a Network participant under the pre- ‘‘(B) collect, analyze, and annually publish Network, nor shall the Secretary be authorized ceding sentence, the Network shall inform the data concerning organ donation and transplan- to collect or authorize collection of service fees participant of any findings indicating non- tation. with respect to the Network or the scientific reg- compliance by the participant. istry under subsection (c). ‘‘(2) INFORMATION FOR PATIENTS AND GENERAL ‘‘(g) QUALITY ASSURANCE; PEER REVIEW PRO- PUBLIC.—The Network shall make available to ‘‘(B) GIFTS.—This section does not prohibit CEEDINGS.— patients in need of organ transplants informa- the Network from accepting gifts of money or ‘‘(1) IN GENERAL.—The Network shall develop services, including gifts to carry out activities to tion in accordance with the following: a peer review system for assuring that members ‘‘(A) The information shall be transplant-re- provide for an increase in the rate of organ do- of the Network comply with criteria under sub- nation. lated information specific to transplant centers section (b)(3). ‘‘(4) COMMUNITY ENDORSEMENT OF CONTRACT that are Network participants, which informa- ‘‘(2) NONCOMPLIANCE.— tion has been determined by the Network to be ‘‘(A) PAYMENT OF DAMAGES.—The Network RECIPIENT.—In the case of any contract under scientifically and clinically valid. shall require that, as a condition of being a Net- subsection (a) that is awarded after the date of ‘‘(B) The information shall be designed to as- work participant, each such participant agree the enactment of the Organ Procurement and sist patients and referring physicians in choos- that the Network may, through a peer review Transplantation Network Amendments of 1999, ing a transplant center, including information proceeding under paragraph (1), require the the Secretary shall select an applicant to receive on the supply of and demand for organs. participant to pay damages for the failure of the the contract from among applicants that have ‘‘(C) With respect to the patient involved, the participant to comply with criteria under sub- the written endorsement of a majority of the information shall (taking into account patients section (b)(3). The Network shall establish pro- combined total number of transplant centers in similar medical circumstances) include the cedures to ensure that such proceedings are con- and qualified organ procurement organizations following as applied to specific transplant cen- ducted in an impartial manner, with adequate that are Network participants (without regard ters: opportunity for the Network participant in- to whether such centers or organizations en- ‘‘(i) The probability of receiving an organ volved to receive a hearing. The Network shall dorse more than one applicant for the contract). transplant. identify various types of violations of such cri- ‘‘(5) CHANGE IN CONTRACT RECIPIENT.—With ‘‘(ii) The length of time that similarly situated teria and specify the maximum amount of dam- respect to the expiration of the period during patients have waited historically to receive a ages that the Network may under this subpara- which a contract under subsection (a) is in ef- transplant. graph require a Network participant to pay for fect, if the Secretary makes a determination to ‘‘(iii) Medical outcomes for similarly situated the type of violation involved. award the contract to a different entity than patients, which information shall be adjusted to ‘‘(B) RESTRICTING ACCESS TO ALLOCATION SYS- the entity to which the previous contract under reflect the medical risk factors for such patients. TEM.—If under subparagraph (A) it has been de- such subsection was awarded, the Secretary ‘‘(D) With respect to the patient involved, the termined that a Network participant has en- shall publish in the Federal Register a notice information shall include the information de- gaged in substantial violations of criteria under that such change in the administration of the scribed in subparagraph (C) as applied to the subsection (b)(3), the Network may restrict the Network will take place, and the change may service areas of specific qualified organ procure- extent to which such participant is permitted to not take effect any sooner than the expiration ment organizations (other than such areas in receive allocations of organs through the Net- of the six-month period beginning on the date which there is only one transplant center). work. on which the notice is so published. Such a ‘‘(E) Information under this paragraph shall ‘‘(C) STATUS OF NETWORK PARTICIPANTS WITH change does not affect the membership status of be updated not less frequently than once a year. RESPECT TO VIOLATIONS.—Subject to paragraph any Network participant, or the membership ‘‘(3) ANNUAL PUBLIC REPORT.—The Network (3), the Network may take actions to make the status of any individual who serves on the shall annually make available to the public a public aware of the extent to which a Network Board (other than any membership position that report on the overall status of organ procure- participant has been required to pay damages is predicated solely on being a representative of ment and transplantation. under subparagraph (A) or has been the subject the current contractor under subsection (a)). ‘‘(4) CONFIDENTIALITY.—Except for the release of restrictions under subparagraph (B). ‘‘(i) ADDITIONAL PROCEDURES REGARDING of information that is authorized under para- ‘‘(3) CONFIDENTIALITY.—With respect to a peer OVERSIGHT AND PUBLIC ACCOUNTABILITY.—For graph (2) or (3) by the Network, neither the Net- review proceeding under paragraph (1), neither purposes of providing oversight of and public work nor the Secretary has authority to release the Network nor the Secretary has authority to accountability for the operation of the Network, the following information (unless authorized in release data or information to the public relat- the Secretary shall establish procedures for— writing by the patient or other entity with ing to the proceedings without the written per- ‘‘(1) conducting public hearings and receiving which the data is concerned): mission of all the parties involved, except that if from interested persons comments regarding cri- ‘‘(A) Information that permits direct or indi- damages under paragraph (2) are required to be teria of the Network and critical comments re- rect identification of any patient who is waiting paid, the requirement may be publicly an- lating to the manner in which the Network is for a transplant, or who is an organ transplant nounced after the conclusion of the proceeding. carrying out its duties under this section; patient or recipient of an organ. ‘‘(h) ADMINISTRATIVE PROVISIONS.— ‘‘(B) Information that permits direct or indi- ‘‘(1) LIMITATION ON AMOUNT OF CONTRACT.— ‘‘(2) providing such comments to the Network rect identification of any potential or actual The amount provided under a contract under and receiving responses from the Network; and organ donors. subsection (a) in any fiscal year may not exceed ‘‘(3) the consideration by the Secretary of ‘‘(C) Information that permits direct or indi- $6,000,000 for the operation of the Network, in- such comments. rect identification of participants in Network cluding the scientific registry under subsection ‘‘(j) EVALUATIONS BY GENERAL ACCOUNTING deliberations or determinations related to practi- (c). Such limitation does not apply to amounts OFFICE.— tioner or institutional qualifications, due proc- provided under the contract for increasing ‘‘(1) IN GENERAL.—The Comptroller General of ess proceedings or peer review activities, except organ donation and procurement. the United States shall periodically conduct

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evaluations of the Network, including the struc- (b) REDESIGNATIONS.—Part H of title III of the ‘‘(2) CERTAIN CIRCUMSTANCES.—Subject to ture and function of the Network and the rela- Public Health Service Act, as amended by subparagraph (1), the Secretary may in carrying tionship between the Secretary and the non- section (a) of this section, is amended by redes- out subsection (a) provide as follows: profit private entity that under subsection (a) ignating sections 374 through 376 as sections 373 ‘‘(A) The Secretary may consider the term ‘do- operates the Network. The first such evaluation through 375, respectively. nating individuals’ as including individuals shall be completed not later than one year after (c) PERFORMANCE STANDARDS.—Section who in good faith incur qualifying expenses to- the date of the enactment of the Organ Procure- 371(b)(1) of the Public Health Service Act (42 ward the intended donation of an organ but ment and Transplantation Network Amend- U.S.C. 273(b)(1)) is amended— with respect to whom, for such reasons as the ments of 1999, and such an evaluation shall be (1) by redesignating subparagraphs (D) Secretary determines to be appropriate, no do- completed not later than every second year through (G) as subparagraphs (E) through (H), nation of the organ occurs. thereafter. respectively; ‘‘(B) The Secretary may consider the term ‘‘(2) INPUT FROM FIELD.—In conducting eval- (2) by moving subparagraph (F) (as so redesig- ‘qualifying expenses’ as including the expenses uations under paragraph (1), the Comptroller nated) two ems to the left; and of having one or more family members of donat- General shall consult with organizations that (3) by inserting after subparagraph (C) the ing individuals accompany the donating indi- represent transplant surgeons, transplant physi- following: viduals for purposes of subsection (a) (subject to cians, transplant centers, and qualified organ ‘‘(D) notwithstanding any other provision of making payment for only such types of expenses procurement organizations, and with other ex- law, has met the other requirements of this sub- as are paid for donating individuals). perts in the field of organ transplantation, in- section and has been certified or recertified by ‘‘(c) LIMITATION ON AMOUNT OF PAYMENT.— cluding experts who are not members of the the Secretary as meeting the performance stand- ‘‘(1) IN GENERAL.—With respect to the geo- Board of the Network or of the executive struc- ards to be a qualified organ procurement organi- graphic area to which a donating individual ture of the contractor under subsection (a) . zation through a process which— travels for purposes of subsection (a), if such ‘‘(3) PROCEDURES OF NETWORK.—The Network ‘‘(i) granted certification or recertification area is other than the covered vicinity for the shall establish procedures for coordinating with within the previous 4 years with such certifi- intended recipient of the organ, the amount of the Comptroller General for purposes of evalua- cation in effect as of October 1, 1999, and re- qualifying expenses for which payments under tions under paragraph (1). maining in effect through the earlier of— such subsection are made may not exceed the ‘‘(4) REPORTS TO CONGRESS.— ‘‘(I) January 1, 2002, or amount of such expenses for which payment ‘‘(II) the completion of recertification under ‘‘(A) COMPTROLLER GENERAL.—The Comp- would have been made if such area had been the troller General shall prepare reports describing the requirements of clause (ii); or covered vicinity for the intended recipient, tak- ‘‘(ii) is defined through regulations promul- the findings of evaluations under paragraph (1) ing into account the costs of travel and regional gated by the Secretary not later than January 1, and shall submit such reports to the Committee differences in the costs of living. 2002, which— on Commerce of the House of Representatives ‘‘(2) COVERED VICINITY.—For purposes of this ‘‘(I) require recertifications of qualified organ and the Committee on Health, Education, section, the term ‘covered vicinity’, with respect procurement organizations not more frequently Labor, and Pensions of the Senate. The Comp- to an intended recipient of an organ from a do- than once every 4 years; troller General shall provide a copy of each such nating individual, means the vicinity of the ‘‘(II) rely on performance measures that are report to the Network. nearest transplant center to the residence of the based on empirical evidence of organ donor po- ‘‘(B) NETWORK.—Not later than 180 days after intended recipient that regularly performs tential and other related factors in each service the date on which a report is submitted under transplants of that type of organ. area of qualified organ procurement organiza- subparagraph (A), the Network shall submit to ‘‘(d) RELATIONSHIP TO PAYMENTS UNDER tions; OTHER PROGRAMS.—An award may be made each of the committees specified in such sub- ‘‘(III) provide for the filing and approval of a under subsection (a) only if the applicant in- paragraph a report describing any actions the corrective action plan by a qualified organ pro- volved agrees that the award will not be ex- Network has taken in response to the report curement organization that fails to meet the per- pended to pay the qualifying expenses of a do- under subparagraph (A).’’. formance standards and a grace period of not nating individual to the extent that payment (b) RULE OF CONSTRUCTION.—The amend- less than 3 years during which such organiza- has been made, or can reasonably be expected to ments made by this Act may not be construed as tion can implement the corrective action plan be made, with respect to such expenses— affecting the duration of the contract under sec- without risk of decertification; and ‘‘(1) under any State compensation program, tion 372 of the Public Health Service Act that ‘‘(IV) provide for a qualified organ procure- under an insurance policy, or under any Fed- was in effect on the day before the date of the ment organization to appeal a decertification to eral or State health benefits program; or enactment of this Act. the Secretary on substantive and procedural ‘‘(2) by an entity that provides health services SEC. 4. ADDITIONAL AMENDMENTS. grounds;’’. on a prepaid basis. (a) IN GENERAL.—Part H of title III of the SEC. 5. PAYMENT OF TRAVEL AND SUBSISTENCE ‘‘(e) DEFINITIONS.—For purposes of this sec- Public Health Service Act (42 U.S.C. 273 et seq.) EXPENSES INCURRED TOWARD LIV- is amended— ING ORGAN DONATION. tion: (1) by striking section 373; Part H of title III of the Public Health Service ‘‘(1) The term ‘covered vicinity’ has the mean- (2) in section 374— Act, as amended by section 4(b) of this Act, is ing given such term in subsection (c)(2). (A) in subsection (b)(1), by inserting after ‘‘or- amended by inserting after section 375 the fol- ‘‘(2) The term ‘donating individuals’ has the ganization’’ the following: ‘‘and other organiza- lowing section: meaning indicated for such term in subsection (a)(1), subject to subsection (b)(2)(A). tions for the purpose of increasing the supply of ‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EX- ‘‘(3) The term ‘qualifying expenses’ means the transplantable organs’’; PENSES INCURRED TOWARD LIVING ORGAN DO- expenses authorized for purposes of subsection (B) in subsection (c), by striking ‘‘or 373’’ NATION (a), subject to subsection (b)(2)(B). each place such term appears; and ‘‘SEC. 376. (a) IN GENERAL.—The Secretary (C) in subsection (d), by amending paragraph ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— may make awards of grants or contracts to For the purpose of carrying out this section, (2) to read as follows: States, transplant centers, qualified organ pro- ‘‘(2) The term ‘organ’, with respect to trans- there is authorized to be appropriated $5,000,000 curement organizations under section 371, or for each of the fiscal years 2000 through 2005.’’. plantation into humans, means the human or other public or private entities for the purpose other animal kidney, liver, heart, lung, pan- of— SEC. 6. PUBLIC AWARENESS; STUDIES AND DEM- ONSTRATIONS. creas, and any other organ (other than human ‘‘(1) providing for the payment of travel and Part H of title III of the Public Health Service corneas and eyes) specified by the Secretary by subsistence expenses incurred by individuals to- Act, as amended by section 5 of this Act, is regulation. For purposes of section 372(c), such ward making living donations of their organs amended by inserting after section 376 the fol- term includes bone marrow.’’; (in this section referred as ‘donating individ- lowing section: (3) in section 375— uals’); and (A) in paragraph (1), by striking ‘‘this part’’ ‘‘(2) in addition, providing for the payment of ‘‘PUBLIC AWARENESS; STUDIES AND and inserting ‘‘this section’’; and such incidental nonmedical expenses that are so DEMONSTRATIONS (B) in paragraph (4)— incurred as the Secretary determines by regula- ‘‘SEC. 377. (a) PUBLIC AWARENESS.—The Sec- (i) by redesignating clauses (i) and (ii) as sub- tion to be appropriate. retary shall (directly or through grants or con- paragraphs (A) and (B), respectively; and ‘‘(b) ELIGIBILITY.— tracts) carry out a program to educate the pub- (ii) in subparagraph (B) (as so redesignated), ‘‘(1) IN GENERAL.—Payments under subsection lic with respect to organ donation, including the by striking ‘‘comparative costs and patient out- (a) may be made for the qualifying expenses of need to provide for an adequate rate of such do- comes’’ and inserting ‘‘comparative patient out- a donating individual only if— nations. comes’’; ‘‘(A) the State in which the donating indi- ‘‘(b) STUDIES AND DEMONSTRATIONS.—The (4) in section 376— vidual resides is a different State than the State Secretary may make grants to public and non- (A) by striking ‘‘the Secretary’’ and inserting in which the intended recipient of the organ re- profit private entities for the purpose of car- ‘‘the Organ Procurement and Transplantation sides; and rying out studies and demonstration projects Network under section 372’’; and ‘‘(B) the annual income of the intended recipi- with respect to providing for an adequate rate of (B) by striking ‘‘Committee on Energy and ent of the organ does not exceed $35,000 (as ad- organ donation. Commerce’’ and inserting ‘‘Committee on Com- justed for fiscal year 2001 and subsequent fiscal ‘‘(c) ANNUAL REPORT TO CONGRESS.—The Sec- merce’’; and years to offset the effects of inflation occurring retary shall annually submit to the Congress a (5) by striking section 377. after the beginning of fiscal year 2000). report on the activities carried out under this

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1700 CONGRESSIONAL RECORD — HOUSE April 4, 2000 section, including provisions describing the ex- throughout the system and adopt criteria, er, an estimated 55 percent higher than tent to which the activities have affected the policies, and procedures that address the adults. According to the United Net- rate of organ donation. unique health care needs of children. work for Organ Sharing or UNOS, Page 29, line 18, redesignate section 8 as ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— quote, among very young children, the ‘‘(1) IN GENERAL.—For the purpose of carrying section 9 and insert after line 17 the fol- out this section, there are authorized to be ap- lowing: death rates were much higher than for propriated $10,000,000 for fiscal year 2000, and SEC. 7. STUDY REGARDING IMMUNOSUP- other children or adults, particularly such sums as may be necessary for each of the PRESSIVE DRUGS. on the liver, heart, and lung waiting fiscal years 2001 through 2005. Such authoriza- (a) IN GENERAL.—The Secretary of Health lists. tion of appropriations is in addition to any and Human Services (referred to in this sec- However, because children have other authorizations of appropriations that is tion as the ‘‘Secretary’’) shall provide for a unique health, growth and develop- available for such purpose. study to determine the costs of immuno- mental issues prior to transplantation ‘‘(2) STUDIES AND DEMONSTRATIONS.—Of the suppressive drugs that are provided to chil- and post-transplantation, the language amounts appropriated under paragraph (1) for a dren pursuant to organ transplants and to fiscal year, the Secretary may not obligate more determine the extent to which health plans needs to be broader than the amend- than $2,000,000 for carrying out subsection (b).’’. and health insurance cover such costs. The ment we passed in the Committee on SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Secretary may carry out the study directly Commerce. Therefore this portion of Section 378 of the Public Health Service Act or through a grant to the Institute of Medi- the amendment simply strikes the lan- (42 U.S.C. 274g) is amended to read as follows: cine (or other public or nonprofit private en- guage specifically addressing children’s tity). ‘‘AUTHORIZATION OF APPROPRIATIONS FOR ORGAN unique needs in the pretransplantation (b) RECOMMENDATIONS REGARDING CERTAIN PROCUREMENT AND TRANSPLANTATION NETWORK period, making it more general to the ISSUES.—The Secretary shall ensure that, in ‘‘SEC. 378. (a) OPERATION OF NETWORK.—For addition to making determinations under full range of organ transplantation. the purpose of providing for the Organ Procure- subsection (a), the study under such sub- This new language has the full sup- ment and Transplantation Network under sec- section makes recommendations regarding port of the entire pediatric organ tion 372, including the scientific registry, there the following issues: transplantation community across the are authorized to be appropriated $6,000,000 for (1) The costs of immunosuppressive drugs country, including the National Asso- fiscal year 2000, and such sums as may be nec- that are provided to children pursuant to ciation of Children’s Hospitals, the essary for each of the fiscal years 2001 through organ transplants and to determine the ex- 2005. American Academy of Pediatrics, and tent to which health plans, health insurance the American Society of Pediatric Ne- ‘‘(b) INCREASING ORGAN DONATION AND PRO- and government programs cover such costs. CUREMENT.—For the purpose of increasing (2) The extent of denial of organs to be re- phrology. Consumer groups and others organ donation and procurement through the leased for transplant by coroners and med- in the organ transplantation field, in- Organ Procurement and Transplantation Net- ical examiners. cluding the American Society for work under section 372, there are authorized to (3) The special growth and developmental Transplantation and UNOS are also be appropriated such sums as may be necessary issues that children have pre- and post-organ supportive. In fact, I know of no stated for each of the fiscal years 2000 through 2005. transplantation. opposition to the new language; and it Such authorization of appropriations is with re- (4) Other issues that are particular to the spect to such purpose in addition to the author- is something that the proponents of special health and transplantation needs of this legislation can and I believe do ization of appropriations established in sub- children. section (a).’’. (c) REPORT.—The Secretary shall ensure support. SEC. 8. EFFECTIVE DATE. that, not later than December 31, 2000, the The second part of the amendment, The amendments made by this Act take effect study under subsection (a) is completed and Mr. Chairman, would require a study of October 1, 1999, or upon the date of the enact- a report describing the findings of the study the unique health care needs of chil- ment of this Act, whichever occurs later. is submitted to the Congress. dren, including growth and develop- The CHAIRMAN. No amendment to The CHAIRMAN. Pursuant to House mental issues and immunosuppressive that amendment is in order except Resolution 454, the gentlewoman from drug coverage in organ transplan- those printed in House Report 106–557. Colorado (Ms. DEGETTE) and a Member tation. This study will follow up on a Each amendment may be offered only opposed each will control 5 minutes. congressionally mandated study of im- in the order printed in the report, by a Mr. BLILEY. Mr. Chairman, I am not munosuppressive drug coverage for the Member designated in the report, shall in opposition to the amendment, but I Medicare population which, obviously be considered read, shall be debatable claim the time in opposition. since it was the Medicare population, for the time specified in the report, The CHAIRMAN. Without objection, largely does not address children. equally divided and controlled by the the gentleman from Virginia (Mr. BLI- Mr. Chairman, this is the study that proponent and an opponent, shall not LEY) will control the time in opposi- was done. Only a very small percentage be subject to amendment, and shall not tion. of this study addressed kids and in that be subject to a demand for division of There was no objection. case only a very small percent of chil- the question. The CHAIRMAN. The Chair recog- dren’s transplantation. The other sem- The Chairman of the Committee of nizes the gentlewoman from Colorado inal study in the field does not address the Whole may postpone a request for a (Ms. DEGETTE). pediatric organ transplantation at all. recorded vote on any amendment and Ms. DEGETTE. Mr. Chairman, I yield Given the fact that a substantially may reduce to a minimum of 5 minutes myself such time as I may consume. higher percentage of children who are the time for voting on any postponed Mr. Chairman, this amendment ad- on pediatric lists are dying, I think it question that immediately follows an- dresses an important and often forgot- is essential that we complete these other vote, provided that the time for ten aspect of organ transplantation, studies and that we complete them voting on the first question shall be a pediatric organ transplantation. The soon. The study will give a more com- minimum of 15 minutes. first part of the amendment is tech- plete picture of the full range of prob- It is now in order to consider amend- nical in nature and it amends an lems in pediatric organ transplantation ment No. 1 printed in House Report amendment that I passed in voice vote and will give us invaluable assistance 106–557. in the Committee on Commerce which as we move down the road and try to AMENDMENT NO. 1 OFFERED BY MS. DEGETTE requires the Organ Transplantation figure out what an allocation is. Network to adopt criteria, policies, and Ms. DEGETTE. Mr. Chairman, I offer Mr. Chairman, I urge the adoption of an amendment. procedures that address the unique this important amendment to improve The CHAIRMAN. The Clerk will des- health care needs of children with re- the lives of children across the country ignate the amendment. spect to pretransplantation mortality who are in need of organ transplants. The text of the amendment is as fol- rates. Mr. Chairman, I reserve the balance Presently, children constitute the lows: of my time. vast minority of organ transplantation Mr. BLILEY. Mr. Chairman, I yield Amendment No. 1 offered by Ms. DEGETTE: cases as children tend to be healthier Page 8, strike lines 11 through 14 and insert myself such time as I may consume. the following: and less in need of organ transplants Mr. Chairman, I rise in support of ‘‘(10) The Network shall recognize the dif- than adults. Despite this, however, the this amendment. This amendment is ferences in health and in organ transplan- pretransplantation mortality rate similar to one offered and accepted in tation issues between children and adults among children in 1998 was much high- committee by the gentlewoman from

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1701 Colorado. This amendment ensures children’s organs to children when pos- sures that medical science, not local that our Nation’s organ transplan- sible and we give them their very best politics, determines who shall receive a tation system recognizes our children’s chance at living an entire life because precious organ in this country. unique health care needs. This provi- of that organ. In 1984, Congress enacted the Na- sion provides for a study of immuno- Mr. Chairman, this whole debate tional Organ Transplantation Act in suppressive drug coverage for children today is about extending life and delay- order to create a national system, and and on children’s unique growth, devel- ing death, with children and with I emphasize national, whereby organs opmental health and organ transplant adults. We need to have the very best are allocated on the basis of medical needs. medical evidence possible as we make necessity and compatibility, not on ge- As many of my colleagues know, at each and every one of those decisions. ographic residence. the end of the last session, the House Mr. BLILEY. Mr. Chairman, I urge b 1300 passed H.R. 3075, the Medicare, Med- the adoption of the amendment. Since then, organ procurement orga- icaid and S-CHIP Balanced Budget Re- Mr. Chairman, I have no further re- nizations across the country have en- finement Act of 1999. Due to Com- quests for time, and I yield back the deavored to cooperate with each other mittee on Commerce efforts, this bill balance of my time. in local sharing arrangements. They was strengthened by adding $200 mil- The CHAIRMAN pro tempore. The have largely served patients well; how- lion to pay for immunosuppressive question is on the amendment offered ever, in the last 3 years, seven States drugs needed by organ transplant pa- by the gentlewoman from Colorado in our country have passed organ tients to prevent their body from re- (Ms. DEGETTE). hoarding laws, the consequences of jecting the new organ. Medicare cur- The question was taken; and the which could be absolutely devastating. rently only covers these drugs for 36 Chairman pro tempore announced that the ayes appeared to have it. These laws dictate that a less needy months. This bill took a first step at patient in the home State could actu- addressing that issue and allows us to Mr. LAHOOD. Mr. Chairman, I demand a recorded vote. ally have priority over a patient with provide more coverage for needy organ greater need in another State. transplant patients. Access to these The CHAIRMAN pro tempore. Pursu- ant to House Resolution 454, further Whether you are on the side of HHS drugs can literally make the difference or UNOS in this ongoing battle, such between life and death. proceedings on the amendment offered by the gentlewoman from Colorado an outcome is at complete odds with It is time we extend our efforts to the very purpose of our national sys- America’s children and recognize their (Ms. DEGETTE) will be postponed. The CHAIRMAN pro tempore. It is tem. And it undermines the coopera- unique organ transplant needs. I urge tive spirit transplant centers have de- my colleagues to support the amend- now in order to consider amendment No. 2 printed in House Report 106–557. veloped across the Nation. ment. I want to make it clear, this amend- Mr. Chairman, I reserve the balance AMENDMENT NO. 2 OFFERED BY MR. LUTHER ment in no way affects the power of my time. Mr. LUTHER. Mr. Chairman, I offer struggle between the transplant com- Ms. DEGETTE. Mr. Chairman, I am an amendment. munity and the Department of Health delighted to yield whatever time I may The CHAIRMAN. The Clerk will des- and Human Services. It would not af- have remaining to my colleague, the ignate the amendment. fect the local sharing agreements be- The text of the amendment is as fol- gentleman from Pennsylvania (Mr. PE- tween procurement organizations. In lows: TERSON) who has been a real partner fact, the amendment ensures that such with me on these pediatric transplant Amendment No. 2 offered by Mr. LUTHER: arrangements remain intact and retain organ issues and to whom I owe a lot of Page 8, after line 14, insert the following subsection (and redesignate subsequent sub- their medical authority. thanks. In this debate, instead of focusing on The CHAIRMAN pro tempore (Mr. sections accordingly): ‘‘(c) COMPLIANCE WITH ORGAN ALLOCATION where we disagree, let us focus on EWING). The gentleman from Pennsyl- POLICIES.—No State or local governing enti- where we agree. Mr. Chairman, local vania (Mr. PETERSON) is recognized for ty shall establish or continue in effect any politics should play no role in this im- 1 1 ⁄2 minutes. law, rule, regulation, or other requirement portant matter. Let doctors and trans- Mr. PETERSON of Pennsylvania. Mr. that would restrict in any way the ability of plant experts make the decisions on Chairman, I thank the gentlewoman any transplant hospital, organ procurement organ allocation in this country. from Colorado for her fine work on this organization, or other party to comply with I urge Members to support this sim- organ allocation policies of the Network. bill. It was a delight to work with her ple amendment. and her staff as we introduced it just a The CHAIRMAN pro tempore. Pursu- Mr. Chairman, I reserve the balance short time ago. I would like to thank ant to House Resolution 454, the gen- of my time. the gentleman from Virginia for his ac- tleman from Minnesota (Mr. LUTHER) Mr. BLILEY. Mr. Chairman, I yield ceptance and his support of this and the gentleman from Virginia (Mr. myself such time as I consume. amendment, because it is vital. BLILEY) each will control 5 minutes. Mr. Chairman, this amendment is When we stop and think about it, lit- The Chair recognizes the gentleman rather simple in its effect. It would tle children whose organs are still from Minnesota (Mr. LUTHER). eliminate those State laws giving pri- growing, it really is a different medical Mr. LUTHER. Mr. Chairman, I yield ority for citizens in a given State be- situation than it is with adults like myself 21⁄2 minutes. fore an organ would be transferred ourselves where our organs are finished Mr. Chairman, first let me thank the across State lines for someone else. growing. It makes a difference what gentleman from California (Mr. These laws were passed as a response type of organ they get more than it DREIER), the gentleman from Massa- to the administration’s very controver- does with adults. chusetts (Mr. MOAKLEY), and the Com- sial regulation of April 2, 1998. Many It is more important that we do it mittee on Rules for making this States that have invested time, talent, right with children who have a whole amendment in order. and treasure to increase their donation life ahead of them, not just a couple of This amendment is very simple. It rates saw in the Secretary’s new poli- years but a whole life. As we heard the prohibits State and local laws from cies a drive to take away the fruit of sad story a short while ago, I think the interfering with the allocation policies their labors. In order to protect their gentleman from Oregon or Wisconsin, I of the National Organ Transplant Net- citizens from an unfair rule, States forget which it was, who lost his son work. In particular, the amendment started passing laws giving their citi- because a heart was not available, I addresses what has become known as zens a right of first refusal for organs think it is important that an emphasis organ hoarding laws in this country. available. be put, that the studies be done, that These laws mandate that organs pro- My answer to my colleagues who op- we analyze the needs of children, that cured within a particular State must pose these State laws is that these laws we know exactly what works best from stay within that particular State. They would not be in effect had the Sec- the experts who do it and that we make contradict the very purpose behind a retary of HHS not tried to overturn 16 sure that we follow all of those guide- national system of organ procurement years of deliberations over organ pol- lines, that we make sure we get those and allocation. This amendment en- icymaking.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1702 CONGRESSIONAL RECORD — HOUSE April 4, 2000 I ask my colleagues to vote no on the happened to be on the other side of a work participant is subject to review and ap- amendment of the gentleman from geographical boundary and some deci- proval by the Secretary. Minnesota (Mr. LUTHER). sion was made that controls over med- ‘‘(4) INDEPENDENT SCIENTIFIC REVIEW.—The Mr. Chairman, I reserve the balance ical science in this country. That is Secretary shall establish (consistent with the Federal Advisory Committee Act) an ad- of my time. why I offer this amendment. visory committee to provide recommenda- Mr. LUTHER. Mr. Chairman, I yield 1 I ask my colleagues to support this tions to the Secretary on the policies and minute to the gentleman from Penn- amendment and bring a better rational rules of the Network, and on such other mat- sylvania (Mr. PETERSON). system to this country than this under- ters as the Secretary determines to be appro- Mr. PETERSON of Pennsylvania. Mr. lying bill would bring if it would be priate. Chairman, I thank the gentleman from passed by this body. ‘‘(5) PATIENT LISTING AND OTHER FEES.— Minnesota (Mr. LUTHER) for yielding Mr. Chairman, I yield back the bal- ‘‘(A) AVAILABILITY; RESTRICTION.—Fees col- me this time. ance of my time. lected by the Network— Mr. Chairman, I live in a State that The CHAIRMAN pro tempore (Mr. ‘‘(i) are available to the Network, without fiscal year limitation, for use in carrying out has two organ centers, Philadelphia EWING). The question is the amend- the functions of the Network under this sec- and Pittsburgh, both near the State ment offered by the gentleman from tion; and lines. There are many States that have Minnesota (Mr. LUTHER). ‘‘(ii) may not be used for any activity for large centers very near State lines. The question was taken; and the which contract funds awarded under sub- Should a person’s determination of Chairman pro tempore announced that section (a) may not be used. whether they get an organ when they the ayes appeared to have it. ‘‘(B) APPLICABILITY.—Subparagraph (A) ap- truly need one depend whether they Mr. BLILEY. Mr. Chairman, I de- plies only to patient listing fees of the Net- live 5 miles down the road in the wrong mand a recorded vote. work and to fees imposed as a condition of being a Network participant, and such fees State? Think about it. What if you live The CHAIRMAN pro tempore. Pursu- ant to House Resolution 454, further are subject to the approval of the Secretary. in the wrong State? Such subparagraph does not prohibit the I commend the States that have done proceedings on Amendment No. 2 of- Network from collecting other fees and using a better job. Part of it, to be fair, is be- fered by the gentleman from Minnesota such fees for purposes other than those speci- cause they have younger populations. (Mr. LUTHER) will be postponed. fied in such subparagraph. They have more accidents where young It is now in order to consider Amend- ‘‘(C) GIFTS.—This section does not prohibit people die and organs are usable. Part ment No. 3 printed in House Report the Network from accepting gifts of money of it is that, and part of it may be that 106–557. or services, including for purposes other than those specified in subparagraph (A). The Net- they have a better system. I commend AMENDMENT NO. 3 OFFERED BY MR. LA HOOD work may accept gifts of money or services them. And we need to increase that Mr. LAHOOD. Mr. Chairman, I offer to carry out activities to provide for an in- system so we do not have a shortage. an amendment. crease in the rate of organ donation. We should not have a system that The CHAIRMAN pro tempore. The ‘‘(6) INFORMATION.—The Network shall pro- would deny someone life and give them Clerk will designate the amendment. vide to the Secretary such information and death because they lived 5 miles across The text of the amendment is as data regarding the Network and Network the State line. follows: participants as the Secretary determines to Mr. BLILEY. Mr. Chairman, I yield Amendment No. 3 offered by Mr. LAHOOD: be appropriate. The Network shall provide myself such time as I may consume. Page 14, strike line 21 and all that follows data in a timely manner, with suitable pa- I would answer the last speaker by through page 17, line 17, and insert the fol- tient confidentiality protections, to independent investigators and scientific review- simply saying what the gentleman lowing: ‘‘(h) CERTAIN SCIENTIFIC AND ADMINISTRA- ers. from Oklahoma (Mr. ISTOOK) said ear- TIVE PRINCIPLES.— ‘‘(7) LIMITATION ON AMOUNT OF CONTRACT.— lier under general debate, are we going ‘‘(1) SCIENTIFIC PRINCIPLES.—Policies under The amount provided under a contract under to give authority over body parts of subsection (b) for the allocation of organs— subsection (a) in any fiscal year may not ex- the dead to the Federal Government? ‘‘(A) shall be based on sound medical prin- ceed $6,000,000 for the operation of the Net- I do not think we want to do that. We ciples; work, including the scientific registry under have had a program that has worked ‘‘(B) shall be based on valid scientific data; subsection (c). Such limitation does not well for 16 years. We have had States ‘‘(C) shall be equitable and seek to achieve apply to amounts provided under the con- the best use of donated organs; tract for increasing organ donation and pro- that have been very aggressive in ob- curement. taining donors. Why should they be ‘‘(D) shall be designed to avoid wasting organs, to avoid futile transplants, to promote The CHAIRMAN pro tempore. Pursu- punished to take care of populations in patient access to transplantation, and to ant to House Resolution 454, the gen- other States that have not been as ag- promote the efficient management of organ tleman from Illinois (Mr. LAHOOD) and gressive? I think that we should reject placement; the gentleman from Virginia (Mr. BLI- this amendment. ‘‘(E) shall be specific for each organ type or LEY) each will control 30 minutes. Mr. Chairman, I yield back the bal- combination of organ types; The Chair recognizes the gentleman ance of my time. ‘‘(F) shall, where appropriate for the specific organ, provide status categories that from Illinois (Mr. LAHOOD). Mr. LUTHER. Mr. Chairman, I yield Mr. LAHOOD. Mr. Chairman, I yield myself such time as I may consume. group transplant candidates from most to least medically urgent; myself such time as I may consume. I will be very brief. The battle that is ‘‘(G) shall not use patient waiting time as We are offering this amendment to going on between the Department of a criterion unless medically appropriate; and prevent a very bad piece of legislation Health and Human Services and UNOS ‘‘(H) shall be designed to share organs over from going forward today. This bill, in is very unfortunate. I think it is ter- as broad a geographic area as feasible, con- essence, would set up a single-source rible when an issue as serious as this sistent with subparagraphs (A) through (G). agency to make all of the determina- has gotten involved in the kind of con- ‘‘(2) PATIENT LISTING AND STATUS.—Policies tions about where transplanted organs troversy that it is currently involved under subsection (b) for listing patients shall would go. That is very, very bad public in. UNOS does terrific work in this address the suitability of patients for transplants, appropriate priority status of each policy. It is bad public policy because country, and the people and the De- candidate, and the situations for removing no one agency should be in charge of partment of Health and Human Serv- candidates from the waiting list. Such poli- such an important medical procedure ices are very well-intentioned. cies shall be uniform for each organ type, ob- and such an important aspect of health What we need to do is rise above jective, and medically appropriate. care in America today. that, as Members of this Congress; and ‘‘(3) REVIEW AND APPROVAL OF POLICIES; Mr. Chairman, we have had a good we need to recognize that life and CONSISTENCY WITH SCIENTIFIC PRINCIPLES.— system. I know it is very in vogue and death does not know geographical The policies and rules established by the very favorable to talk in bad terms boundaries. Organs do not know geo- Network shall be subject to review and ap- about bureaucrats and to label HHS a graphical boundaries. proval by the Secretary (after consultation very bureaucratic agency, but who will with the advisory committee under para- Let us let the experts, the medical graph (4)), and no policy or rule established look after the taxpayers’ dollars? Who professionals, make these decisions. under subsection (b) may be inconsistent will look after how the money is being Let us not have someone not get an with paragraph (1) or (2). The applicability of spent? If it is not HHS, it will be no organ in this country because they sanctions under subsection (g) to any Net- one. This bill allows for one agency to

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1703 have total control over the trans- ever see the light of day, which it prob- direct relationship between increased plants, over the procedures, over the ably will not in the Senate; but we organ delivery time and the likelihood organs and have no accountability to should not have Members voting on of organ rejection. anybody, and that is wrong. We should such lousy, bad policy. b 1315 not allow that kind of public policy to Now, if my colleagues do not believe pass this House of Representatives. all of that and if they do not agree While expressing preference for the Mr. Speaker, our amendment, which with my argument, then what we ought ‘‘sickest first’’ poll, respondents also has strong support from some very dis- to do is have Members call back to believe organs should be transplanted tinguished colleagues who will speak their hospitals, call back to their local into patients with the best chance of on it, would make several rec- health providers. They will tell my col- surviving surgery. Those with the best chance of surviving are the so-called ommendations made by the Institute of leagues that they do not want one Status 3 patients, who are terminally Medicine, which did a study on the agency in America deciding these ill but do not need hospitalization. If organ allocation process, and it ensures things; they want some oversight. So if this preference were followed, Status 1 that organ allocation policies are based my colleagues do not believe me, then patients would not be preferred to re- on sound medical principles and valid call back to the local providers who provide these transplant capabilities in ceive lifesaving organs nor would the scientific data. intermediate Status 2A and Status 2B Now, is there anybody here that does their own districts, and they will find patients. not believe that HHS has that kind of out what the truth is. No single agency should have this It is the less sick Status 3 patients capability? Because they are a part of who have the best chance of surviving the Federal bureaucracy, does that kind of power. If we want to revert back to the old ways of doing things with a transplant and the lowest mean they do not have capable people? chance of rejecting the transplanted where prominent people in America get Of course they do. They have as capa- organ. This preference contradicts the these transplants, then vote for this ble people medically as any agency or first one. any program anywhere in the country. legislation. If we want to have a good To complicate the story further, the They can make good decisions. There system with oversight, vote for the ‘‘sickest first’’ policy was not the top should be some oversight. To hand this LaHood-Moakley-Rush-Peterson choice of respondents. In fact, 86 per- over to one agency that will have God- amendment, which does an awful lot to cent want those patients who have like powers to tell everybody in Amer- maintain credibility and honesty and been on a waiting list the longest to ica who can get an organ and who can- integrity. get an organ. After all, what could be Mr. Speaker, I reserve the balance of not will revert back to an old system more fair than waiting in line and tak- where favorable people and prominent my time. ing turns? This response is very embar- Mr. BLILEY. Mr. Chairman, I yield people will get the organs and common, rassing to the organizations that paid myself such time as I may consume. ordinary citizens will be left behind to Mr. Chairman, this amendment is a for the poll, because the so-called first- die. That is wrong. I do not think any- radical departure from 16 years of con- in, first-out policy comes down on the body in this House wants that kind of gressional legislation on organs. It other side of the ‘‘sickest first.’’ The most popular preference would policy. would make all organ procurement and have the unintended consequence of Now, I have a letter here that was retransplantation network policies and ferred to earlier that actually is from giving organs to those who could sur- rules subject to review and approval by vive the longest without a transplant. the UNOS agency, and what they are the Secretary. This flies in the face of saying in the first paragraph, the letter Thus, some of the sickest patients the present statute. would die, contrary to the ‘‘sickest is to the gentleman from Michigan (Mr. The LaHood-Moakley amendment is first’’ preference held by the same DINGELL), and what it says is that ‘‘we not just a little amendment to H.R. group. are working with HHS.’’ This letter is 2418, it is a gutting amendment. It dated March 15, and it simply says, ‘‘we These inconsistent polling results overturns 16 years of deliberation by call to mind a quotation by Edmund are working with HHS. Congress do not the Nation’s top transplantation ex- need to pass any legislation, we do not Burke: ‘‘Your representative owes you perts who have labored and debated not only his industry but his judgment, need legislation. We are working with over the most complicated issues any HHS and UNOS to try and work out an and he betrays, instead of serving you, person would ever encounter and turns if he sacrifices it to your opinion.’’ agreeable kind of a program.’’ it over to the whims of the Secretary. No President, no legislature, no Why pass legislation to give favor- Just imagine if you were put in the judge, and certainly no bureaucracy able consideration to one agency? For shoes of being Secretary of HHS under has the competence to make the life what purpose? I do not know, except the LaHood amendment with no prior and death decisions for allocating or- that somebody has favorable consider- awareness or experience in this area. gans. There are too many competing ation from certain Members of Con- Organ allocation is a very difficult scientific and ethical considerations gress around here. This is bad public task. There are no easy answers. The for government to devise a fair system policy. hard truth is that there are not enough to allocate too few organs among too There is also a letter from the De- organs available for people who need many people. partment of Justice, and I will make them. A poll conducted a few months America needs a special institution these a part of the RECORD when we go after the administration’s organ regu- to sort through people’s competing pas- back into the House, that says that lation was released yesterday by an ad- sions and positions and to render a sen- with regard to the relationship be- vocacy group found that Americans sible and well-informed decision. That tween the Secretary, meaning the Sec- hold very strong opinions on what they is why Congress clearly put this deci- retary of HHS, and the network, the believe to be fair organ allocation poli- sion-making into the hands of those bill provides that administrative and cies. who know best, the transplant commu- procedural functions for the network The problem is that some of those nity. When Congress passed the Na- shall be carried out in accordance with opinions seem contradictory. The poll tional Organ Transplant Act, it estab- mutual agreement of the Secretary and found that 83 percent agreed that an lished a private entity to coordinate a the network. organ from a donor should go to the consensus position within that commu- So there has to be some kind of a re- sickest patient in the U.S., no matter nity. lationship. We cannot give one agency where they live, under our national But the system that has grown under carte blanche, say, over these kinds of sickest-first policy. Status one pa- the watchful eye of the entire trans- procedures and transplants. tients who are under intensive care and plant community ought not be up- There is also a letter from OMB, who may die within a week would have rooted by regulatory whim or bumper which I will also make a part of the priority. Those with a greater chance sticker slogans. Vote ‘‘no’’ on the RECORD, which simply says that there of survival would not enjoy the same LaHood-Moakley amendment. are things being worked out by the ad- access to organs. Mr. LAHOOD. Mr. Chairman, I yield ministration and by UNOS, and they That number may have been much 31⁄2 minutes to the gentleman from Chi- are going to veto this bill if it would less if people were informed about the cago, Illinois (Mr. RUSH).

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1704 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Mr. RUSH. Mr. Chairman, I thank Mr. BLILEY. Mr. Chairman, I yield forth the administrative responsibil- the gentleman for yielding time to me. such time as he may consume to the ities of the network, and will ensure Mr. Chairman, I rise in strong sup- gentleman from Florida (Mr. BILI- that the network complies with the ob- port of the amendment sponsored by RAKIS), the chairman of the Sub- ligations of the statute. If the con- myself, the gentleman from Illinois committee on Health and Environment tractor does not comply with the terms (Mr. LAHOOD), the gentleman from of the Committee on Commerce. of the contract, there are a number of Massachusetts (Mr. MOAKLEY), and the Mr. BILIRAKIS. Mr. Chairman, I remedies, including, if appropriate, use gentleman from Pennsylvania (Mr. PE- thank the gentleman for yielding this of the False Claims Act and govern- TERSON). time to me. ment contracting remedies. Mr. Chairman, this amendment is de- Mr. Chairman, I would just say to the Furthermore, the Secretary retains signed to put some accountability back gentleman from Illinois, who is really a the authority, authority to terminate into the organ donation and allocation very good friend, and I know there is the contract. The Secretary retains the system, accountability which the bill nothing personal in it, but this atro- authority to terminate the contract. before us, H.R. 2418, would eliminate. cious bill, as he calls it, merely basi- Under this bill, the Secretary shall Mr. Chairman, this bill, H.R. 2418, is cally says that what has taken place conduct public hearings and receive indeed bad policy. It is an atrocious over the last 16 years, which everybody comments from the public about the bill that will further exacerbate the basically agrees has been working pret- performance of the network. misfortunes of many of America’s citi- ty darned well, not perfectly, that is In addition, the General Accounting zens. for sure, will continue to be the case. It Office shall conduct, under the bill, re- In the last 2 years, the U.S. Depart- is not a power grab on our part, it is a quired regular evaluations of the net- ment of Health and Human Services power grab on the part of HHS. work to ensure that it is complying has made several attempts to imple- We are basically saying what has with the terms of the statute. So if ment a new organ donation and alloca- worked and worked well, keep it in UNOS is not doing the job adequately, tion regulation designed to improve place. Despite the fact, Mr. Chairman, the Secretary now has the authority to the system of organ allocations in the that NOTA neither explicitly nor im- do something about it. The Secretary country. The HHS regulation incor- plicitly delegates policy-making au- has the authority to do something porates many of the sound rec- thority to the HHS Secretary, she has about it. ommendations of the National Acad- promulgated, and after three congres- What would the LaHood amendment emy of Sciences’ Institute of Medi- sional moratoria, implemented regula- do? It would require policies to be de- cine’s recommendations for improving tions which assume just such signed to allocate organs ‘‘in order of the organ donation and allocation sys- authority. decreasing medical urgency status over Under her final rule, which became tem. the largest geographic area, so that effective on March 16, she claims the This regulation, the subject of oppo- neither place of residence nor place of authority to overrule or even rewrite sition by those groups which would national organ transplant policy. The listing shall be a major determinant.’’ maintain the status quo, has twice Even HHS has admitted in the pre- last time I checked, Secretary Shalala, been delayed by congressional action. amble to the rule that this policy, that with all due respect, is not carrying a Finally, last month, the regulation this policy, would reduce survival rates medical license. went into effect. Not one month later, No president, no legislature, and no and the number of patients trans- this House is debating a bill that would Federal bureaucracy is competent to planted, while increasing organ wast- vitiate all of the public good intended make the complicated medical and eth- age and transplant costs. Even HHS ad- by the rule. ical decisions required to allocate or- mits that that policy would do that. Mr. Chairman, the HHS regulation gans for transplantation. To foster It would also require that kidneys be directs the national organ donation public trust, it is important that allo- allocated to patients solely on the and allocation contractor to revise its cation remain one step removed from basis of waiting time, and that inter- rules to provide for broader organ shar- the political sphere. That is what Con- transplant waiting time variance be as ing. The regulation permits the Sec- gress intended in 1984. That is the way small as possible. retary to revise any proposed rules it has been all along until just the last There are a lot of things that this that are deemed inappropriate. couple of years. We should ask our- does. I am here to tell the Members, Most of the debate about the HHS selves, what has happened just in the just finishing it up, the LaHood-Rush regulation has been focused on the al- last couple of years that requires sup- amendment, the substitute, completely location section and the Secretary’s posedly some sort of a change? surrenders all policy-making authority authority to review any new allocation The OPTN is made up of physicians, to the HHS Secretary and mandates al- policies. of patients, and other transplant com- location to the sickest patients first on In Illinois, we are fortunate to have munity representatives. It is not an a national list. Now that is mandated nine transplant centers which perform agency, as has been mentioned here by on a local, if you will, or in a regional 745 organ transplants alone. However, the gentleman from Illinois (Mr. list, but that would mandate it on a despite the work of these centers and a LAHOOD) a couple of times, more than national list. strong organ donation program, the once. It is not an agency. They and not If it is possible to draft a bill that waiting list for transplantation in Illi- Secretary Shalala know best when it gives even more power to Secretary nois grows longer every day. comes to deciding transplant policies. Shalala over organ transplant policies The new HHS rule would help this Their careful, deliberate decisions than her final rule, then the gentlemen situation by authorizing the Secretary should not be uprooted by regulatory from Illinois, Mr. LAHOOD and Mr. to change any regulation that might whim. RUSH, with all due respect, have done disadvantage States like Illinois. That Let us not be misled, Mr. Chairman. just that. is what our amendment does, it guar- Although the Secretary does not have Mr. LAHOOD. Mr. Chairman, I yield 2 antees that organ allocation systems policy-making authority under current minutes to the gentleman from Cali- would be fair to all, and strike the law nor under H.R. 2418, the Secretary fornia (Mr. WAXMAN), a distinguished proper balance between medical judg- does have adequate authority to over- member of the committee. ments and public accountability. see compliance of the network. Under Mr. WAXMAN. Mr. Chairman, I Mr. Chairman, furthermore, I want current law, the Secretary has signifi- thank the gentleman for yielding time to say that the Institute of Medicine, cant power over the contractor which to me. in the 1999 report to the Congress, and runs the network. The Secretary cre- Mr. Chairman, I think this proposal, also Secretary Shalala, have all indi- ated the network, if you will. The Sec- this amendment, is a very constructive cated that women, minorities, and the retary determined that UNOS would be one. I think it meets a lot of the con- poor are disadvantaged under this cur- the private entity that would be re- cerns that have been expressed on all rent system. Mr. Chairman, I urge all sponsible for this. sides on this issue. of my colleagues to support our amend- The Secretary drafts the terms and After the Secretary of HHS proposed ment. conditions of the contract which set regulations that many people fear

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1705 would be deciding the allocation sys- have done so much work on behalf of ciples that were recommended by the tem from the top down, rather than the organ transplant community, do Institute of Medicine in response to a have the decisions by the medical peo- not bother. You will not be rewarded congressional instruction to review ple who work on these issues day-to- for that good behavior. organ allocation issues. In a nutshell, day, the Institute of Medicine looked b 1330 all this amendment does is say the De- at the matter. They gave us some rec- partment of Health and Human Serv- ommendations. It will be telling those other States ices shall exercise legitimate oversight The LaHood amendment adopts the that are not doing a very good job that responsibilities assigned to it by the recommendations of the Institute of need room for improvement, they do National Organ Transplant Act as ar- Medicine. It in effect says that we not have to do well because we are na- ticulated in the Final Rule in order to ought to ensure that the bill reflects tionalizing the whole system and will manage the system of organ procure- the best scientific and medical think- go to the lowest common denominator. ment and transplantation in the public ing on the issue of organ transplan- In short, the LaHood-Rush amendment interest. tation. Then, in terms of public ac- incentivizes the States that need to do Now, this has been a day when the countability, they recommended an better to not do better. It places a dis- smell of red herrings has hung rich in independent board to oversee the sys- incentive on the States that are doing this Chamber. We have heard talk tem, which is what is in the LaHood a good job to cease from doing that about how there is going to be a huge amendment. good job that they are doing. number of bureaucrats from the Fed- I just want to read to the Members We need to let States experiment. We eral Government telling UNOS what to from an organization, the American need to let States do a better job and, do. The simple fact of the matter is, Liver Foundation. They represent the more importantly, let us let the med- UNOS is a contractor which is paid in beneficiaries of transplantation. ical professional people decide how this part by the Federal Government to do They say that, in their view, ‘‘It is is done. Let us make sure that organ its job. The simple fact of the matter is important to continue to balance the transplant decisions are going to be ex- that UNOS has not done a very good interests, on the one hand, for physi- ercised by medical professionals, by job. The request from the Secretary of cians to make medical decisions, but the data, by scientific research, by HHS is for them to simply examine and also for the Federal government to ad- physicians, not by political appointees to come forward with regard to alloca- dress and provide leadership regarding in Washington. tion of organs. matters of equity and fairness. ALF,’’ The problem with this amendment is Now, why is this necessary? Let us the American Liver Foundation, that it will turn over every bit of deci- take a hard look. Let us look at several ‘‘would therefore not support the elimi- sion-making to the Department of States. Kentucky, in one center, 38 nation of an oversight role for the Fed- Health and Human Services, and I only days is the median waiting time; 226 eral government. At the same time, we ask my colleagues to take a look at days is at another. In Louisiana the would stress the importance of estab- what they are doing to the Medicare median waiting time at one center was lishing a prestigious and independent program today. All of us see the prob- 18 days while at another it was 260 advisory body to help resolve disputes lems that we are experiencing in Medi- days. In my own State of Michigan, the that may arise between the transplan- care today, much of which comes from numbers were 161 days and 401 days at tation network and the Federal govern- the Department of Health and Human another center. ment.’’ Services; their lack of responsiveness People are dying because of that. The LaHood amendment I think is to problems we have in Medicare. We Without needed transplants, people are the answer to concerns that everyone do not want to subject a very life- not getting their problems addressed. has expressed on this issue. It would saving, important, timely issue such as People who should probably rank lower provide commonsense and scientific de- organ transplants to the Department of in the priority of things are getting cisions made by the medical experts. I Health and Human Services to be sub- transplants while people who des- would urge my colleagues to support ject to the same kind of bureaucratic perately need them and are liable to the LaHood-Rush-Moakley-Peterson ineptitude that Medicare is now suf- die without those transplants and are amendment. fering from. being denied those transplants. That is Mr. BLILEY. Mr. Chairman, I yield 4 In short, Mr. Chairman, I urge a no what this amendment is about. It is to minutes to the gentleman from Wis- vote on this amendment. I believe the correct a major defect in the bill. consin (Mr. RYAN). sponsors are very well intended. I The charge was made that this is a Mr. RYAN of Wisconsin. Mr. Chair- think that their intentions are good, gutting amendment. It is not. It is a man, I thank the gentleman for yield- but I think the logic behind this perfecting amendment. It is one which ing time to me. amendment is very bad. It will penalize permits the government of the United Mr. Chairman, let me just be brief. the States that are doing well, and it States to see to it that everyone is This is a gutting amendment. If Mem- will do nothing to help the States that treated fairly with regard to allocation bers are against States’ rights, if they need room for improvement. And the of organs when they need them, and to want to turn this over to the Depart- net result will be less organs to go assure that to the best degree possible ment of Health and Human Services, to around, on average, throughout the that people who have need of organs the political appointees to run this country. and who will die if they do not get process, then they should support this So I urge defeat of this amendment them are more likely to get them and amendment. and passage of 2418 because that will do less likely to be denied those organs. But if Members are in favor of States everything to continue to build on the It is something which goes to basic doing a good job in administering their success we have and the success we fairness. It is also something which own organ transplant systems, if Mem- have been reaching through other sees to it that a contractor is not going bers are in favor of incentivizing good States. to be given an absolute and States to do a good job in putting their Mr. LAHOOD. Mr. Chairman, I yield 3 untrammeled monopoly over the avail- own organ programs together, then minutes to the gentleman from Michi- ability of organs to people who will die they should be against this amend- gan (Mr. DINGELL), the dean of the if they do not get them and also to as- ment. House and the ranking member of the sure something else, and that is to as- In short, I come from Wisconsin. It is Committee on Commerce. sure that the contractor is under rea- a good State that has done a good job (Mr. DINGELL asked and was given sonable scrutiny and supervision so putting our own organ transplant sys- permission to revise and extend his re- that he will behave in an appropriate tem together. But by passing this marks.) and a decent and a responsible fashion amendment and turning this over to Mr. DINGELL. Mr. Chairman, I rise in terms of carrying forward its respon- the Department of Health and Human in support of the LaHood-Moakley- sibility. Services to be run by political ap- Rush-Peterson amendment. It is a com- There has never been any attempt by pointees in Washington, we will be ba- monsense measure, and it is one which the Secretary of HHS to in any way in- sically saying to those States that sees to it that we implement the prin- trude into scientific judgment. That

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1706 CONGRESSIONAL RECORD — HOUSE April 4, 2000 argument is nothing but a red herring. stitutionality of the delegation of au- maneuvering it is the issue of organ al- I urge support of the amendment. thority to the network. location. Mr. BLILEY. Mr. Chairman, I yield 5 Talk about red herrings. This letter This is one of the few issues that we minutes to the gentleman from Lou- appears from the Justice Department will discuss on the floor that really isiana (Mr. TAUZIN). saying this may not be constitutional. means the difference between life and (Mr. TAUZIN asked and was given The Justice Department did not men- death. If one is waiting for an organ permission to revise and extend his re- tion that the two cases they cited were transplant and they do not get that marks.) over 60 years old. They did not mention transplant, it is very simple. They will Mr. TAUZIN. Mr. Chairman, I would that over the last 60 years there have die. Whether they get an organ or not like to submit a written statement of been new cases deciding the capacity of that will save their life should not de- support for the underlying bill. our Congress and our government to pend on where they live, but under the Mr. Chairman, first of all, let me cor- delegate authorities to organizations current system depending on where the rect a reference to the Kentucky like the network, and in all of those organ was harvested it could be given Transplant Centers on behalf of my cases the constitutionality of those to someone with many years to live, good friend, Mr. WHITFIELD. Reference delegations have been upheld. someone who could be pulled off of a was made to the different waiting For example, in 1984 in the case of golf course, while someone in the next times between two of those transplant Cospito v. Heckler, the courts upheld town on the wrong side of a border centers in Kentucky. Both centers are the constitutionality of the Congress could be lying there dying waiting for in the same organ procurement area. delegating the authority to the Joint that organ. The difference in the waiting times are Commission on Accreditation of Health As we know, the Department of actually a result of the different status Care Organizations. In American Asso- Health and Human Services is trying levels of individuals on the waiting ciation of Physicians and Surgeons v. to increase organ sharing; but ever list, such as seriousness of condition, Weinberger, the court upheld the dele- since this proposed rule was announced not time on the list, is a determining gation of authority on a statute which last April, opponents have argued vig- factor who gets an organ in that area. delegated professional standards of re- orously that the Secretary does not An IOM report stated that the aggre- view organizations with Federal au- have the authority to set organ alloca- gate waiting time is in fact a poor thority over Medicare and medicaid tion policy because it involves a med- measure of equity of treatment in the programs. In Corum v. Beth Israel Med- ical question, and that should best be transplant field, and I would like to ical Center, the same thing happened left to those in the transplant commu- correct the record for those reports on again. nity. the Kentucky centers. The history of jurisprudence is re- I have to tell my colleagues I am Mr. Chairman, it is important to un- plete with authority of Congress to del- very troubled by this argument. I agree derstand how we got to this amend- egate the things like our network. The that the views of those in the trans- ment today. We got here because the history is replete with judicial judg- plant community should be given great weight, but I disagree with the notion Department has actually held public ments in favor of what has been the that the Secretary should be forced to hearings on a rule that would, in fact, practice for 16 years of delegation to turn over scientific, clinical, and med- do what this amendment provides, giv- doctors and local communities, this ical functions of the organ procure- ing the Secretary the power over deci- very sensitive issue of organ alloca- ment transplant network to a private sions made in this critically sensitive tion. contractor. and important area of organ transplant Let me say, as my friends have said, Leaving aside the fact that Medicare allocation. the adoption of this amendment would We got here because the Secretary and medicaid pay for more than 50 per- gut this bill. It would destroy the in- cent of the transplants in this country, insisted on moving forward with that centives built in here for organ donors rule, despite the fact that 85 percent of I do not understand how an agency, to come forward and make organ donor which we allow to decide whether it is those who commented on it objected to allocations in a way that is fair and safe to put new drugs on the market, it. Nevertheless, the Secretary pro- sensible and determined on a local new devices on the market, an agency ceeded with this rule to override the basis with the advice of doctors and pa- that decides what criteria NIH re- decisions being made by the network, tients. It would put a government bu- searchers should use, an agency that our local doctors and our local commu- reaucracy in charge. It is literally the decides what procedures could be cov- nities. Not only had the Department administration’s, the Secretary’s, posi- ered by Medicare now is somewhat less the gall to move forward despite an 85 tion in emperor’s clothes and it is a able to decide the qualifications deal- percent record against this usurpation naked attempt at government usurpa- ing with how organs should be shared. of Federal Government authority over tion of power over this very delicate As I see it, if we give this sole discre- this sensitive issue but three times this and sensitive issue that attacks us and tion over such an important medical Congress had to pass moratoriums pre- taunts us ethically and responsibly at decision to a private contractor, it venting that from happening. every level. would really be an unconstitutional Three times this Congress went on This is so delicate, so important. delegation of our legislative authority. record telling the Secretary to stop Why would we want to give it to a Fed- What would happen if the OPTN were what she was doing. Nevertheless, we eral bureaucrat? Why would we adopt to suddenly change their allocation are now faced with an amendment now this amendment and let someone in policy to give preference only to that would in fact, although it is Washington, who thinks they know younger patients saying that people cloaked in the form of an amendment, better than the doctors and the local over the age of 65, for example, are too adopt the Secretary’s position, despite organizations as to what should be old for transplants? Or that they would the moratoriums we have adopted, de- done in this sensitive area? decide they would prohibit the sharing spite the fact that 85 percent of the Defeat this amendment. Pass the bill. of organs between people of different people commenting on this authority Mr. LAHOOD. Mr. Chairman, I yield 3 races? have commented against the Federal minutes to the gentleman from Penn- We would agree that those things Government taking over this role in its sylvania (Mr. KLINK). would be wrong, but under this bill the bureaucratic manner that it often does. (Mr. KLINK asked and was given per- Secretary would be powerless to do Speaking of red herrings, as this bill mission to revise and extend his re- anything about it. is progressing through the Congress, as marks.) Mr. Chairman, I think this wholesale we are indeed fighting this effort of the Mr. KLINK. Mr. Chairman, I rise privatization of organ sharing is a dan- Federal Government to take over the today in opposition of H.R. 2418 and in gerous and a slippery slope. Nowhere terribly sensitive and delicate deci- favor of the LaHood-Moakley amend- else in society would we allow a mo- sions of how organs are allocated in ment that goes some ways in cor- nopoly like this to continue, let alone our transplant system, as we are debat- recting this flawed piece of legislation. have the government sanction it. ing it, the Justice Department sends If ever there were an issue that de- People are dying because they hap- this letter out questioning the con- serves to be protected from political pen to live in the wrong zip code and

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1707 instead of fixing the problem with this ple who are not that sick sometimes being treated fairly, some people who monopoly situation on organ alloca- receive organs ahead of people who will are being treated unfairly, so the argu- tion, this bill would protect it. die without getting the organs. This is ment goes. If my colleagues like what UNOS is b 1345 not right. I have been working for a number of doing, they say that the Federal Gov- The Moakley-LaHood amendment is years to get the Department of Health ernment is playing God. If they do not a good amendment, and it corrects this and Human Services to issue regula- like what UNOS is doing, they say flaw. tions changing the way the organs are UNOS is playing God. The fact of the Mr. BLILEY. Mr. Chairman, I yield 2 allocated. Several years ago, Health matter is we are all trying to play God minutes to the gentleman from Lou- and Human Services actually issued because we have got a limited number isiana (Mr. VITTER). draft regulations that would make sig- of organs. Mr. VITTER. Mr. Chairman, I rise in nificant improvements in the organ al- But there is a danger lurking here. opposition to this amendment that re- location process. Unfortunately, a se- Under the current system, the system verses 16 years of legislative intent and ries of misguided legislative riders that the Department is trying to over- rips decisions on organ donations from were attached to appropriations bills turn and that this amendment is trying the hands of doctors and local trans- preventing HHS from issuing its final to overturn, the assumption is that the plant centers, placing them, instead, in regulation for over a year. number of organs will remain constant. the arms of Federal bureaucrats. Put- HHS was finally allowed to issue I differ with that immensely, because ting medical decisions about organ do- these regulations last month, and I be- what this approach does is it takes nations in the hands of doctors and lieve that those regulations will sub- away the only incentive that States transplant centers, not the Federal stantially improve the organ allocation have right now to procure organs. So Government, was the intent of the law process. Today we are considering leg- the supply will not remain static. when it was created in 1984 and re- islation reauthorizing the National If a State knows that the organs it is mains so, properly so in H.R. 2418. Organ Transplantation Act. We need to currently procuring under the current In my State of Louisiana, organ and reauthorize this important piece of leg- system are going to be shipped out of tissue donations are increasing in large islation. State, they are going to react like nor- part thanks to a new and innovative But this bill contains a number of mal human beings; and they are going computerized database that shares in- provisions that should not be allowed to put less effort into this. So we are formation on donated organs with to become law. This bill would main- going down a dangerous path with this members of the medical community tain existing failings in the organ allo- amendment. and their patients. cation process rather than repairing Those proposing this amendment are In 1999, 900 organs were donated in them. Enactment of this bill in its cur- arguing that the number of organs will Louisiana, coming close to matching rent form could hurt sick people in not change, we are just distributing the approximately 1,100 Louisianans need of transplants. them differently. But the fact of the awaiting transplants. This represents Specifically, H.R. 2418 would not re- matter is we are taking away all incen- real progress. I am proud my State is quire the standardization of patient tives for States to come in and to pro- helping lead the way. listing practices and greater allocation cure those organs. It is a dangerous, But this administration’s answer to of organs outside the regions in which dangerous road. What I think it is going to do is it is the growing national shortage of or- they originate. The bill also reduces going to decrease the supply of organs gans is very different. It is not to ag- the Federal Government’s ability to in this country at exactly the time we gressively increase organ donation but oversee the private network which ad- should be working to increase it. to focus, instead, energy on how a stat- ministers the organ allocation process. Mr. LAHOOD. Mr. Chairman, I am ic number of organs are allocated and Mr. Chairman, I rise in support of the pleased to yield 1 minute to the gen- to do that in a way that actually in- LaHood amendment and in opposition creases rejection rates. This would be a tleman from Maryland (Mr. CARDIN). to H.R. 2418. (Mr. CARDIN asked and was given terrible mistake and undercut the suc- Mr. BLILEY. Mr. Chairman, do I permission to revise and extend his re- cessful efforts of local organizations to have the right to close? marks.) increase donations, which is the ulti- The CHAIRMAN pro tempore. The Mr. CARDIN. Mr. Chairman, I rise in mate answer. gentleman from Virginia (Mr. BLILEY) support of the LaHood-Moakley-Rush- Instead of giving bureaucrats the has the right to close. Peterson amendment and would urge right to dictate organ allocation poli- Mr. BLILEY. Mr. Chairman, I yield 2 my colleagues that, if this amendment cies, we should lend our voice to in- minutes to the gentleman from Wis- is not adopted, to oppose the bill. creasing organ donations nationwide. consin (Mr. BARRETT), a member of the We all talk here about having a cost Oppose this amendment and support Committee on Commerce. effective quality health care system in H.R. 2418 as it is. Mr. BARRETT of Wisconsin. Mr. our country. Centers of excellence help Mr. LAHOOD. Mr. Chairman, how Chairman, I rise in opposition to this us to achieve those results. Yet, we are much time is remaining? amendment. In the early days of kid- allowing with the underlying bill geo- The CHAIRMAN pro tempore (Mr. ney dialysis, there was a limited num- graphical politics to affect proper med- EWING). The gentleman from Illinois ber of people who could benefit from ical judgment. 1 (Mr. LAHOOD) has 13 ⁄2 minutes remain- kidney dialysis. So a patient in the Without this amendment, a person ing. The gentleman from Virginia (Mr. hospital would have to go to the ethics who is entitled to receive an organ BLILEY) has 10 minutes remaining. committee of that hospital to get per- could be denied having that procedure Mr. LAHOOD. Mr. Chairman, I am mission to receive it. These ethics at his or her choice facility. That is pleased to yield 2 minutes to the gen- committees became known as death wrong. We should not be playing geo- tleman from Pennsylvania (Mr. squads because they would literally de- graphical politics with the lives of our COYNE). cide who would live or die. constituents. Mr. COYNE. Mr. Chairman, I rise Were it so easy in this debate today. I urge my colleagues to adopt the today in opposition to the underlying Because with that problem, we solved amendment or to reject the underlying legislation, H.R. 2418, and in support of it by saying the Federal Government bill. the LaHood amendment. would pay for dialysis. We cannot do Mr. Chairman, I rise in opposition to the bill The system for allocating donor or- that here because we have a limited before us today. gans for transplant operations has long number of organs. It is a basic tenet of health care that deci- needed major reforms. The current sys- Now, we can go down two roads here. sions should be guided by medical necessity tem has failed hundreds of Americans We can go down the road that this and quality of care. who have died waiting for a compatible amendment goes down, which says let Here in Congress, we praise centers of ex- organ to become available. Waiting us take this group of organs that exists cellence—facilities that provide the highest times across the country vary dramati- right now and divide them differently. quality medical care and, in doing so, attract cally. Under the existing regime, peo- Because there are some people who are patients from across the Nation.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1708 CONGRESSIONAL RECORD — HOUSE April 4, 2000 We speak about the importance of allowing This is going to help someone in (Mr. GREEN of Texas asked and was medical necessity determinations to be made one’s community or in one’s State or given permission to revise and extend based on the patient’s condition, rather than fi- perhaps in one’s region, and it could his remarks.) nancial consideration. In fact, this House voted still end up going across the country if Mr. GREEN of Texas. Mr. Chairman, overwhelmingly in support of this concept that is the way that it works out where I rise in opposition to the LaHood- when we passed comprehensive managed the person actually is a match that Moakley amendment and in support of care reform legislation last fall. qualifies best. the bill. These are central tenets of good medicine. But to say that it all has to go This amendment would create a rub- H.R. 2418 violates these tenets. It locks in through the filter of the Federal Gov- ber stamp National Organ Transplant the current system—where geography, not the ernment is saying the Federal Govern- Advisory Board to be selected by the patient’s medical condition, is the prime deter- ment does not trust everyone else in Secretary to meet at her request and minant for organ allocation. This is fundamen- the country. It denies us freedom over advise her on transplant policies with tally unjust in a nation where we seek to treat life and death decisions. none of the independent review author- all Americans equally. People are doing the best they can ity recommended by the Institute of We should have a national organ sharing with a challenging situation. By let- Medicine. system where, whenever possible, the sickest ting people try different approaches in The LaHood-Moakley amendment American receives any available organ that different parts of the country, we find would replace today’s flexible evidence- could save his or her life. out what things work and what things based approach to making and updat- This bill turns life-and-death decisions over do not work. ing transplant policies with a statu- to the politics of geography. How can we play If my colleagues impose regimenta- tory requirement that all organs be al- politics with the lives of critically ill patients? tion, uniformity imposed by Federal located where appropriate, in other Regional boundaries should be limited only bureaucrats, let me tell them, any words, the sickest-first approach that by the distance that organs can be safety wrong mistake is a killer mistake in- the Secretary originally advocated. transported, and these boundaries should be stead of finding different ways and dif- The amendment also would require defined so the waiting times can be mini- ferent approaches in different parts of by law the transplant policy to allo- mized. the country. cate all organs over the largest geo- Today’s limited boundaries have led to great The Federal Government does not graphic area, a formulation that would disparities between States—with Americans in need to be in charge of what happens to throw out the current local, regional some States experiencing waiting periods as one’s body when one dies. To be told national approach. This requirement, much as 10 times longer than in other States. one cannot donate one’s organ unless together with other language in the This means that transplant patients with simi- one donates it to a system where Uncle amendment, obviously has its goal as a lar cases could wait for 5 years on one State’s Sam has control, that is wrong. Con- single national list approach. list or 6 months on another’s. This is not a gress should not try to claim that con- Finally, the amendment would re- system we should defend or lock into place. trol. The people should not be sub- quire by law that where transplant For some time now, the administration has jected to it. policies based on medical urgency are been trying to improve the way that organs Oppose the amendment, but support not appropriate, such as in kidney are distributed to patients across the Nation. the underlying bill. transplants, all organs be allocated The Department of Health and Human Serv- Mr. LAHOOD. Mr. Chairman, I yield 1 among individuals based on their time ices tried to issue new regulations last year. minute to the gentleman from Penn- on the waiting list, coupled with the But this Congress delayed that directive from sylvania (Mr. DOYLE). requirement that waiting time dif- going into effect. Mr. DOYLE. Mr. Chairman, I rise ferences between programs be as small The Institute of Medicine, which Congress today in strong support of the LaHood- as possible. directed to study this issue in depth, affirmed Rush-Moakley-Peterson amendment, The last provision means that parts the need for more active Federal oversight of and I commend the bipartisan manner of the country that have worked hard the process, not less. This bill goes in the in which this amendment was drafted. to achieve good organ donation rates wrong direction. It reduces the Federal role in This amendment includes rec- would be penalized for their success. overseeing the process and delegates total ommendations made by the Institute of While I appreciate the efforts of the authority to a private organization to establish Medicine on organ allocation policies, gentleman from Illinois (Mr. LAHOOD) standards governing organ transplants. That is recommendations from a study that and the gentleman from Massachusetts why I oppose H.R. 2418. I urge my colleagues was mandated by Congress. Mr. Chair- (Mr. MOAKLEY), their amendment to vote for quality of care, for the more than man, this amendment is about main- would make matters worse for trans- 5,000 critically ill Americans who are awaiting taining public accountability for tax- plant centers and the medical center in transplants, and against this bill. payer funds and ensuring that medical Houston, Texas. Mr. BLILEY. Mr. Chairman, I yield 2 professionals establish organ alloca- The solution is more organ dona- minutes to the gentleman from Okla- tion policies. tions, Mr. Chairman, not more ration- homa (Mr. ISTOOK). I have heard arguments that, for the ing. That is what this amendment Mr. ISTOOK. Mr. Chairman, I thank past 16 years, the public has been con- would allow us to do. the gentleman from Virginia for yield- tent with the present organ allocation Mr. LAHOOD. Mr. Chairman, I yield 4 ing me this time. system. How many sick patients have minutes to the gentleman from Penn- Mr. Chairman, is it possible, should died on long waiting lists watching sylvania (Mr. PETERSON), one of the au- it be possible to make a life and death healthier and wealthier patients re- thors of our amendment. decision without getting the Federal ceive organs? Are those the individuals Mr. PETERSON of Pennsylvania. Mr. Government involved? Do we have free- that do not have a problem with the Chairman, I thank the gentleman from dom, if the Federal Government says present policy? Illinois for yielding me the time, and I wait a minute, you cannot make these Mr. Chairman, if my colleagues’ con- thank him for his leadership on this decisions, you might decide wrong, as stituents want a private organization issue. though the Federal Government is not who could care less about holding It is important that we focus back to capable of making mistakes, as though themselves accountable to the public what we are really talking about Federal bureaucrats are the source of for transplant decisions, then vote for today, fine-tuning a system that is not all wisdom and all knowledge and all H.R. 2418. But if my colleagues’ con- perfect. If we allow the organ system pure motives and nobody else in the stituents want to put a public account- to be totally independent, as many country possesses them? able organization and medical profes- want, we will allow a total monopoly People are trying to make very dif- sionals in charge of such decisions, to chart its own course without any ficult decisions the best way that they then vote for the LaHood amendment. adequate oversight. can, and to do it in a way, as the gen- Mr. BLILEY. Mr. Chairman, I yield 2 tleman from Wisconsin (Mr. BARRETT) minutes to the gentleman from Texas b 1400 was saying, that does the most to in- (Mr. GREEN), a member of the Com- How many monopolies have served us duce people to be organ donors. mittee on Commerce. well? Is the system perfect today? The

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1709 recent Forbes report says the fol- lot, let us copy what they do and let us the Committee on Rules and a survivor lowing: ‘‘Realizing that UNOS is out of try to harvest a lot. But a lot has to do here to tell us about it and tell us control, Shalala has put out feelers for with demographics and the age of the about this important amendment. a replacement. ‘I hope we have some population. States with older popu- Mr. MOAKLEY. Mr. Chairman, I bidders this time,’ sighs Claude Fox, a lations will not be served as well with thank my friend and colleague, the physician who, as administrator of the the current system. gentleman from Illinois (Mr. LAHOOD), Health Resources & Services Adminis- Each of us hopes we never need a for his leadership on this issue; and I tration, oversees transplants. The only transplant. Only my friend, the gen- thank him for yielding me this time. prospect so far is Santa Monica-based tleman from Massachusetts (Mr. MOAK- Mr. Chairman, I am very sorry that Rand. Determined to see that Rand LEY), can know what that really feels we must debate this matter at all, but does not walk off with a contract, like. This is a multibillion dollar busi- until more Americans become organ UNOS’ lobbyists are pushing for a law ness and it should not be a part of the donors, until more people tell their that would ensure that Graham’s group decision-making process. We should de- families they want to donate a part of will keep the contract forever; a bill sign a system where good medicine themselves to others, there will be a that would require the organ rationing saves the maximum number of lives disagreement over whether organs contractor to have experience, some- with the number of organs available. should go to the sickest person or to thing nobody but UNOS has. It would Mr. BLILEY. Mr. Chairman, I yield 2 the closest person. also allow the UNOS board members to minutes to the gentleman from New Mr. Chairman, I was once one of vote on the choice.’’ Jersey (Mr. MENENDEZ). those sickest persons. As I said earlier, My colleagues, do we want to give (Mr. MENENDEZ asked and was 5 years ago I was given 2 months to something that is as important as life given permission to revise and extend live. But a family from Virginia, who I and death to a group that we have no his remarks.) probably will never meet, donated their control over if it goes wrong? We will Mr. MENENDEZ. Mr. Chairman, I son’s liver and, in doing so, saved my fix it in time, but how many lives will thank the gentleman for yielding me life. And for that I will be forever be lost. Are doctors free to speak up this time, and I rise in opposition to grateful. But, Mr. Chairman, I am one today if they do not like the system? the LaHood amendment because it fun- of the lucky few. There are now 67,000 Most doctors interviewed by the Forbes damentally changes the underlying bill people waiting somewhere for an organ report say, ‘‘most doctors involved in which seeks to protect organ recipients transplant, and there just are not the business fear offending UNOS, lest in regional transplant centers that pro- enough organs to go around. their organ supply be affected.’’ vide local access to life-saving organ In response to this organ shortage, I’m an organ donor. If I were to lose transplantation. the Department of Health and Human my life in an accident somewhere, and We have a system that works, and it Services has issued regulations which I am 50 miles from Ohio, 50 miles from has worked well for years. I fail to see, attempt to save as many lives as pos- New York, but I live in Pennsylvania, for example, why residents of my home sible. Those regulations, Mr. Chairman, do I care where my organs go? I want State of New Jersey should be forced to were established by medical profes- them to go where they will save a life, travel long distances to feed major sionals. They require organs to be where the match will be quick, where transplant centers because local pro- given to the sickest patients who may they will be handled quickly. If I was grams have been snuffed out. This bill benefit, rather than keep them within in California visiting my grand- would protect those residents. In my artificial geographic boundaries. But daughter and lost my life in an acci- mind, feeding major transplant centers this bill attempts to sabotage those dent, and my organs were harvested, to the virtual exclusion of others is regulations by preventing the Depart- they would probably be used best on playing geographic politics. In essence, ment of Health and Human Services the West Coast not in Pennsylvania. we create a funnel to certain hospitals, from making health care decisions that Do we want a system that benefits peo- which create, in my mind, longer affect thousands upon thousands of ple who live in the right place? waits. people. Listen to the LaHood amendment. Decisions regarding organ allocations This bill gives a private contractor ‘‘Shall be based on sound medical prin- should be based on sound scientific and authority over billions and billions of ciples.’’ Anybody disagree with that? medical decisions. This bill seeks to do dollars of Medicare and Medicaid ‘‘(B) shall be based on valid scientific that. These decisions should be made money, not to mention people’s lives. data.’’ Anybody disagree with that? by medical and transplant officials at This is all done without one scintilla of ‘‘(C) shall be equitable and seek to the local level. This bill seeks to do regulation. This private contractor, achieve the best use of donated organs. that. embodied with God-like powers over (D) shall be designed to avoid wasting There is no question that we must do who lives, over who dies, powers over organs to avoid futile transplants to more to increase organ donations and which transplant centers stay open and promote patient access to transplan- make more organs available for the which transplant centers close, is an tation and to promote the efficient many Americans who need transplants, agency which will answer to no one but management of organ placement.’’ and I hope that many Americans will itself. Anybody disagree with that? ‘‘Shall be do what I and others have done in sign- This amendment allows the Depart- specific for each organ type or coming a donor card and giving of them- ment of Health and Human Services to bination of organ types. Shall, where selves. But completely uprooting the continue its oversight on this issue. appropriate for the specific organ, pro- current allocation system does not ad- This amendment simply requires a vide status categories that group dress the issue of overall supply. small measure of public accountability transplant candidates from most to Let us work to increase organ dona- and oversight in a process that means least medically urgent. Medical. Shall tions. Let us also protect medical judg- life or death for thousands upon thou- not use patient waiting time as a cri- ment and local programs that are sav- sands of Americans. terion.’’ We have heard that how many ing lives. Let us vote for the under- Mr. Chairman, what this bill really times today? ‘‘Unless medically appro- lying bill, and let us oppose the does is it takes the public voice out of priate. Shall be designed to share or- LaHood amendment. the public health. The LaHood-Rush- gans over as broad a geographic area as Mr. LAHOOD. Mr. Chairman, I yield Peterson-Moakley amendment puts it feasibly consistent.’’ Not hard-lined the balance of my time to the gen- back in. Where an individual lives rules, feasibly consistent. tleman from Massachusetts (Mr. MOAK- should not determine how they live or This is an amendment that fine tunes LEY) to close the debate on our side, on if they live or if they die. the system, allows adequate oversight what I believe is a good amendment. Mr. BLILEY. Mr. Chairman, I yield into the system, maximizes the saving The gentleman has experienced a myself the balance of my time. and extension of life in America, and it transplant, experienced organ dona- First of all, Mr. Chairman, let me say does not matter where anyone lives. tion, and experienced the life- saving this. There has been a lot of discussion And it should not matter where anyone experience of going through and receiv- about the fact that the Secretary has lives. If a State happens to harvest a ing an organ, the ranking member of no authority.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1710 CONGRESSIONAL RECORD — HOUSE April 4, 2000 The Secretary has oversight author- The question is on the amendment Bentsen Hayes Pease Berkley Hayworth Peterson (MN) ity. The Secretary can abrogate the offered by the gentleman from Illinois Berry Hefley Petri contract. Indeed, UNOS’ contract has (Mr. LAHOOD). Bilbray Herger Pickering been renewed several times. They The question was taken; and the Bilirakis Hill (IN) Pickett brought in Rand Corporation. Rand Chairman pro tempore announced that Bishop Hill (MT) Pitts Bliley Hilleary Pombo withdrew. UNOS has done a fine job the noes appeared to have it. Blumenauer Hilliard Portman and is doing a fine job. RECORDED VOTE Blunt Hinojosa Pryce (OH) To my good friend from Massachu- Boehner Hobson Ramstad Mr. LAHOOD. Mr. Chairman, I -de- setts, who got his life-saving trans- Bonilla Hoekstra Reyes mand a recorded vote. Boswell Holt Reynolds plant at the University of Virginia A recorded vote was ordered. Boucher Hooley Riley Medical Center in Charlottesville, Boyd Hostettler Rivers The CHAIRMAN pro tempore. This under this amendment that transplant Brady (TX) Hulshof Roemer will be a 15-minute vote on the LaHood Brown (FL) Hutchinson Rogan center may not exist any more because amendment, followed by two 5-minute Bryant Inslee Rogers it will not be in a big population cen- votes on the amendments for which de- Burr Isakson Rohrabacher ter. So it could very well not be avail- Burton Istook Ros-Lehtinen mands for recorded votes were post- able for some future transplant. Buyer Jackson-Lee Rothman This is a bad amendment, and I urge poned earlier today in the following Callahan (TX) Royce order: Calvert Jefferson Ryan (WI) its rejection. Camp Jenkins Ryun (KS) Mrs. MALONEY of New York. Mr. Chair- Amendment No. 1 offered by the gen- Canady John Salmon man, I rise in support of the LaHood Amend- tlewoman from Colorado (Ms. Cannon Johnson (CT) Sandlin DEGETTE); and amendment No. 2 of- Chabot Johnson, Sam Sanford ment to H.R. 2418, The Organ Procurement Chambliss Jones (NC) Saxton and Transplantation Network Amendments of fered by the gentleman from Minnesota Chenoweth-Hage Kasich Scarborough 1999. (Mr. LUTHER). Clement Kelly Schaffer This amendment keeps critical public health The vote was taken by electronic de- Clyburn Kilpatrick Scott Coble Kind (WI) Sensenbrenner decisions where they belong—under the pur- vice, and there were—ayes 160, noes 260, Coburn Kingston Shadegg view of The Department of Health and Human answered ‘‘present’’ 1, not voting 13, as Collins Kleczka Shaw Services. follows: Combest Knollenberg Shays Instead of turning these decisions over to a Cooksey Kolbe Shows [Roll No. 98] Cox Kuykendall Simpson private organization holding less accountability AYES—160 Cramer Lampson Sisisky Cubin Largent Skeen and substantial financial stakes in how the Ackerman Goodling Olver Cunningham Latham Skelton organ-allocation system operates. Baca Gutierrez Owens Danner LaTourette Smith (MI) Barrett (NE) Hall (OH) Payne The decisions that the base bill, H.R. 2418 Davis (FL) Lazio Smith (NJ) Bartlett Hinchey would transfer to a private organ network are Pelosi Davis (VA) Leach Smith (TX) Becerra Hoeffel Peterson (PA) Deal Lewis (CA) Snyder too important to go unchecked. Bereuter Holden Phelps DeFazio Lewis (GA) Souder They are unquestionably life and death deci- Berman Horn Pomeroy DeLay Lewis (KY) Spence Biggert Houghton sions. Porter DeMint Linder Spratt Blagojevich Hoyer New organ-allocation regulations proposed Price (NC) Deutsch LoBiondo Stearns Boehlert Hunter Quinn Dickey Lucas (KY) Stump by the Administration and three times delayed Bonior Hyde Radanovich Doolittle Lucas (OK) Sununu by Congressionally mandated moratoriums, Bono Jackson (IL) Rahall Duncan Manzullo Sweeney Borski Johnson, E. B. we developed by Secretary Shalala and lead- Rangel Dunn McCollum Talent Brown (OH) Jones (OH) ing experts in the field of organ transplan- Regula Edwards McCrery Tancredo Capps Kanjorski Rodriguez Ehlers McHugh Tanner tation. Capuano Kennedy Roybal-Allard Emerson McInnis Tauzin And they are supported by an Institute of Cardin Kildee Rush Everett McIntosh Taylor (MS) Carson King (NY) Medicine study completed last July. Sabo Fletcher McKeon Taylor (NC) Castle Klink But H.R. 2418 would throw out the Sec- Sanchez Foley McKinney Terry Clay Kucinich Sanders Ford Meek (FL) Thomas retary’s regulations which make the organ-allo- Clayton LaFalce Sawyer Fossella Menendez Thornberry cation system fairer. Condit LaHood Schakowsky Fowler Metcalf Thune Conyers Lantos The revised regulations get organs to pa- Franks (NJ) Mica Thurman Costello Larson Serrano tients based on medical need, as opposed to Frelinghuysen Miller (FL) Tiahrt Coyne Lee Sessions Gallegly Miller, Gary Traficant geography and politics, and the financial inter- Crowley Levin Sherman Ganske Minge Turner ests of individuals. Cummings Lipinski Sherwood Gibbons Mink Upton Davis (IL) Lofgren Shimkus Furthermore, H.R. 2418 ignores scientific Gillmor Moore Vitter DeGette Lowey Slaughter evidence calling for new regulations in favor of Gilman Moran (KS) Walden Delahunt Luther Smith (WA) Gonzalez Moran (VA) Walsh maintaining an outdated and inefficient system DeLauro Maloney (CT) Stabenow Goode Nethercutt Wamp which serves business, and political interests Dicks Maloney (NY) Stark Goodlatte Ney Watkins Dingell Markey Stenholm instead of public health and patient needs. Gordon Norwood Watts (OK) Dixon Mascara Strickland Already more than two years of a more eq- Goss Nussle Weldon (FL) Doggett Matsui Stupak Graham Obey Wexler uitable and efficient system has been lost to Dooley McCarthy (MO) Tauscher Granger Ortiz Whitfield Doyle McCarthy (NY) Thompson (CA) political maneuvering over this issue. Green (TX) Ose Wicker Dreier McDermott Thompson (MS) In November of last year, The Washington Green (WI) Oxley Wilson Ehrlich McGovern Tierney Post published a cogent op-ed titled ‘‘Organs Gutknecht Packard Wise Engel McIntyre Toomey Hall (TX) Pallone Wolf Held Hostage’’ which reprimanded this Con- English McNulty Towns Hansen Pascrell Wu Eshoo Meehan Udall (CO) gress for doing just that—keeping live-saving Hastings (FL) Pastor Young (AK) organs from getting to the sickest patients, in Etheridge Meeks (NY) Udall (NM) Velazquez Hastings (WA) Paul Young (FL) the most timely manner, and perpetuating an Evans Millender- Ewing McDonald Visclosky ANSWERED ‘‘PRESENT’’—1 unfair and inefficient system which favors Farr Miller, George Waters wealthier patients who can get on multiple Filner Moakley Watt (NC) Kaptur waiting lists and fly to wherever a needed Forbes Mollohan Waxman NOT VOTING—13 Frank (MA) Morella Weiner organ becomes available. Frost Murtha Weldon (PA) Brady (PA) Fattah Roukema Isn’t it time we allowed the world-class doc- Gejdenson Nadler Weller Campbell Greenwood Shuster tors and transplant centers that we take so Gekas Napolitano Weygand Cook Martinez Vento Gephardt Neal Woolsey Crane Myrick much pride in, to get on with the saving of Gilchrest Oberstar Wynn Diaz-Balart Northup lives? I urge my colleagues to vote for the LaHood NOES—260 b 1433 Amendment. Abercrombie Bachus Barcia Mr. BLILEY. Mr. Chairman, I yield Aderholt Baird Barr Messrs. WALDEN of Oregon, Mrs. Allen Baker Barrett (WI) CUBIN, and Messrs. FRELINGHUYSEN back the balance of my time. Andrews Baldacci Barton The CHAIRMAN pro tempore (Mr. Archer Baldwin Bass and BISHOP changed their vote from EWING). All time has expired. Armey Ballenger Bateman ‘‘aye’’ to ‘‘no.’’

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1711 Mr. BLAGOJEVICH, Ms. WOOLSEY, Graham Matsui Sanchez Martinez Northup Shuster and Mr. MEEKS of New York changed Granger McCarthy (MO) Sanders Myrick Pelosi Vento Green (TX) McCarthy (NY) Sandlin their vote from ‘‘no’’ to ‘‘aye.’’ Green (WI) McCollum Sanford b 1442 So the amendment was rejected. Gutierrez McCrery Sawyer Gutknecht McDermott Saxton Mr. NORWOOD changed his vote The result of the vote was announced from ‘‘no’’ to ‘‘aye.’’ as above recorded. Hall (OH) McGovern Scarborough Hall (TX) McHugh Schaffer So the amendment was agreed to. ANNOUNCEMENT BY THE CHAIRMAN PRO Hansen McInnis Schakowsky The result of the vote was announced Hastings (FL) McIntosh TEMPORE Scott as above recorded. The CHAIRMAN pro tempore (Mr. Hastings (WA) McIntyre Sensenbrenner Hayes McKeon Serrano Stated for: EWING). Pursuant to House Resolution Hayworth McKinney Sessions Mr. BLILEY. Mr. Chairman, on rollcall No. 454, the Chair announces that he will Hefley McNulty Shadegg 99 I was inadvertently detained. Had I been reduce to a minimum of 5 minutes the Herger Meehan Shaw Hill (IN) Meek (FL) present, I would have voted ‘‘yes.’’ period of time within which a vote by Shays Hill (MT) Meeks (NY) Sherman AMENDMENT NO. 2 OFFERED BY MR. LUTHER electronic device will be taken on each Hilleary Menendez Sherwood The CHAIRMAN pro tempore. The amendment on which the Chair has Hilliard Metcalf Shimkus pending business is the demand for a postponed further proceedings. Hinchey Mica Shows Hinojosa Millender- Simpson recorded vote on Amendment No. 2 of- AMENDMENT NO. 1 OFFERED BY MS. DEGETTE Hobson McDonald Sisisky fered by the gentleman from Minnesota Hoeffel Miller (FL) The CHAIRMAN pro tempore. The Skeen (Mr. LUTHER) on which further pro- Hoekstra Miller, Gary Skelton pending business is the demand for a Holden Miller, George ceedings were postponed and on which recorded vote on Amendment No. 1 of- Slaughter Holt Minge Smith (MI) the ayes prevailed by voice vote. fered by the gentlewoman from Colo- Hooley Mink Smith (NJ) The Clerk will redesignate the rado (Ms. DEGETTE) on which further Horn Moakley Smith (TX) Hostettler Mollohan amendment. proceedings were postponed and on Smith (WA) Houghton Moore Snyder The Clerk redesignated the amend- which the ayes prevailed by voice vote. Moran (KS) Hoyer Souder ment. Hulshof Moran (VA) The Clerk will redesignate the Spence Hunter Morella RECORDED VOTE amendment. Spratt Hutchinson Murtha Stabenow The CHAIRMAN pro tempore. A re- The Clerk redesignated the amend- Hyde Nadler Stark corded vote has been demanded. Inslee Napolitano ment. Stearns Isakson Neal A recorded vote was ordered. RECORDED VOTE Stenholm Istook Nethercutt The CHAIRMAN pro tempore. This is Strickland The CHAIRMAN pro tempore. A re- Jackson (IL) Ney Stump a 5-minute vote. Jackson-Lee Norwood corded vote has been demanded. Stupak The vote was taken by electronic de- (TX) Nussle A recorded vote was ordered. Sununu Jefferson Oberstar vice, and there were—ayes 137, noes 284, The CHAIRMAN pro tempore. This Jenkins Obey Sweeney not voting 13, as follows: Talent will be a 5-minute vote. John Olver [Roll No. 100] The vote was taken by electronic de- Johnson (CT) Ortiz Tancredo Johnson, E. B. Ose Tanner AYES—137 vice, and there were—ayes 420, noes 0, Tauscher Johnson, Sam Owens Ackerman Gephardt Oberstar Tauzin not voting 14, as follows: Jones (NC) Oxley Allen Gilchrest Olver Taylor (MS) [Roll No. 99] Jones (OH) Packard Baldacci Goodling Owens Taylor (NC) Kanjorski Pallone Barrett (NE) Gutierrez Payne AYES—420 Terry Kaptur Pascrell Becerra Hinchey Pelosi Thomas Abercrombie Burr Dicks Kasich Pastor Bereuter Hoeffel Peterson (PA) Ackerman Burton Dingell Kelly Paul Thompson (CA) Berman Holden Phelps Aderholt Buyer Dixon Kennedy Payne Thompson (MS) Biggert Hoyer Pomeroy Allen Callahan Doggett Kildee Pease Thornberry Blagojevich Inslee Porter Andrews Calvert Dooley Kilpatrick Peterson (MN) Thune Blumenauer Jackson (IL) Price (NC) Archer Camp Doolittle Kind (WI) Peterson (PA) Thurman Boehlert Johnson (CT) Quinn Armey Canady Doyle King (NY) Petri Tiahrt Bonior Johnson, E.B. Rahall Baca Cannon Dreier Kingston Phelps Tierney Borski Jones (OH) Rangel Bachus Capps Duncan Kleczka Pickering Toomey Brown (OH) Kanjorski Roybal-Allard Baird Capuano Dunn Klink Pickett Towns Capps Kennedy Rush Baker Cardin Edwards Knollenberg Pitts Traficant Capuano Kildee Sabo Baldacci Carson Ehlers Kolbe Pombo Turner Cardin Klink Sanchez Baldwin Castle Ehrlich Kucinich Pomeroy Udall (CO) Carson LaHood Sanders Ballenger Chabot Emerson Kuykendall Porter Udall (NM) Castle Lantos Sawyer Barcia Chambliss Engel LaFalce Portman Upton Clay Larson Schakowsky Barr Chenoweth-Hage English LaHood Price (NC) Velazquez Clayton Lee Serrano Barrett (NE) Clay Eshoo Lampson Pryce (OH) Visclosky Costello Levin Sessions Barrett (WI) Clayton Etheridge Lantos Quinn Vitter Coyne Lipinski Shays Bartlett Clement Evans Largent Radanovich Walden Crowley Lofgren Sherman Barton Clyburn Everett Larson Rahall Walsh Cummings Lowey Sherwood Bass Coble Ewing Latham Ramstad Wamp Davis (IL) Luther Slaughter Bateman Coburn Farr LaTourette Rangel Waters DeGette Maloney (CT) Snyder Becerra Collins Filner Lazio Regula Watkins Delahunt Markey Stabenow Bentsen Combest Fletcher Leach Reyes Watt (NC) DeLauro Mascara Stark Bereuter Condit Foley Lee Reynolds Watts (OK) Dicks Matsui Strickland Berkley Conyers Forbes Levin Riley Waxman Dingell McCarthy (MO) Stupak Berman Cooksey Ford Lewis (CA) Rivers Weiner Dixon McIntyre Terry Berry Costello Fossella Lewis (GA) Rodriguez Weldon (FL) Dooley McNulty Thompson (CA) Biggert Cox Fowler Lewis (KY) Roemer Weldon (PA) Doyle Meehan Tierney Bilbray Coyne Frank (MA) Linder Rogan Weller Dreier Meeks (NY) Toomey Bilirakis Cramer Franks (NJ) Lipinski Rogers Wexler Engel Millender- Towns Bishop Crowley Frelinghuysen LoBiondo Rohrabacher Weygand English McDonald Udall (CO) Blagojevich Cubin Frost Lofgren Ros-Lehtinen Whitfield Eshoo Miller, George Visclosky Blumenauer Cummings Gallegly Lowey Rothman Wicker Etheridge Minge Walden Blunt Cunningham Ganske Lucas (KY) Roukema Wilson Evans Moakley Waters Boehlert Danner Gejdenson Lucas (OK) Roybal-Allard Wise Farr Mollohan Waxman Boehner Davis (FL) Gekas Luther Royce Wolf Filner Morella Weiner Bonilla Davis (IL) Gephardt Maloney (CT) Rush Woolsey Forbes Murtha Weygand Bonior Davis (VA) Gibbons Maloney (NY) Ryan (WI) Wu Frank (MA) Nadler Wise Bono Deal Gilchrest Manzullo Ryun (KS) Wynn Gejdenson Napolitano Woolsey Borski DeFazio Gillmor Markey Sabo Young (AK) Gekas Neal Wynn Boswell DeGette Gilman Mascara Salmon Young (FL) Boucher Delahunt Gonzalez NOES—284 Boyd DeLauro Goode NOT VOTING—14 Abercrombie Armey Baker Brady (TX) DeLay Goodlatte Aderholt Baca Baldwin Brown (FL) DeMint Goodling Bliley Cook Fattah Andrews Bachus Ballenger Brown (OH) Deutsch Gordon Brady (PA) Crane Greenwood Archer Baird Barcia Bryant Dickey Goss Campbell Diaz-Balart

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1712 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Barr Hansen Paul b 1450 Mr. BARRETT of Wisconsin. Mr. Barrett (WI) Hastings (FL) Pease Bartlett Hastings (WA) Peterson (MN) So the amendment was rejected. Chairman, I yield myself such time as Barton Hayes Petri The result of the vote was announced I may consume. Bass Hayworth Pickering as above recorded. Mr. Chairman, this amendment pro- Bateman Hefley Pickett vides a direct mechanism to foster Bentsen Herger Pitts f Berkley Hill (IN) Pombo State organ donor awareness, public Berry Hill (MT) Portman PERSONAL EXPLANATION education and outreach activities and Bilbray Hilleary Pryce (OH) Mrs. NORTHRUP. Mr. Chairman, I was un- programs designed to increase the Bilirakis Hilliard Radanovich avoidably detained and unable to record a number of organ donors within the Bishop Hinojosa Ramstad Bliley Hobson Regula vote by electronic device on the LaHood State, including living donors. Stated Blunt Hoekstra Reyes amendment to H.R. 2418. However, had I simply, the amendment provides a fi- Boehner Holt Reynolds been present, I would have voted ‘‘no.’’ nancial incentive for States to tackle Bonilla Hooley Riley I was unable to cast a vote on the DeGette creatively the challenges inherent in Bono Horn Rivers Boswell Hostettler Rodriguez amendment to H.R. 2418. Had I been present, organ donation awareness and edu- Boucher Houghton Roemer I would have voted ‘‘aye.’’ cation. Boyd Hulshof Rogan I was unable to case a vote on the Luther States can play a pivotal role in Brady (TX) Hunter Rogers amendment to H.R. 2418. Had I been present, organ donation success, despite the Brown (FL) Hutchinson Rohrabacher Bryant Hyde Ros-Lehtinen I would have voted ‘‘no.’’ huge geographic variations and dif- Burr Isakson Rothman The CHAIRMAN pro tempore (Mr. ferences across State lines. This Burton Istook Roukema EWING). It is now in order to consider amendment authorizes direct grants to Buyer Jackson-Lee Royce Amendment No. 4 printed in House re- States and allows partnerships with Callahan (TX) Ryan (WI) Calvert Jefferson Ryun (KS) port 106–557. other public agencies or private sector Camp Jenkins Salmon AMENDMENT NO. 4 OFFERED BY MR. BARRETT OF institutions within States to mutually Canady John Sandlin WISCONSIN undertake organ donation activity. Cannon Johnson, Sam Sanford Mr. BARRETT of Wisconsin. Mr. Chabot Jones (NC) Saxton Under this amendment, States must Chambliss Kaptur Scarborough Chairman, I offer an amendment. submit applications in the form pre- Chenoweth-Hage Kasich Schaffer The CHAIRMAN pro tempore. The scribed by the Secretary of Health and Clement Kelly Scott Clerk will designate the amendment. Human Services and shall establish Clyburn Kilpatrick Sensenbrenner The text of the amendment is as fol- Coble Kind (WI) Shadegg yearly benchmarks for improvements Coburn King (NY) Shaw lows: in organ donation rates in the States. Collins Kingston Shimkus Amendment No. 4 offered by Mr. BARRETT States would be required annually to Combest Kleczka Shows of Wisconsin: provide a report to the Secretary, in- Condit Knollenberg Simpson Page 28, after line 3, insert the following cluding a description and assessment of Conyers Kolbe Sisisky subsection (and redesignate subsequent sub- Cooksey Kucinich Skeen sections accordingly): the State’s use of grant funds and iden- Cox Kuykendall Skelton ‘‘(c) GRANTS TO STATES.—The Secretary tification of initiatives for potential Cramer LaFalce Smith (MI) replication in other States. Cubin Lampson Smith (NJ) may make grants to States for the purpose Cunningham Largent Smith (TX) of assisting States in carrying out organ Mr. Chairman, this amendment cor- Danner Latham Smith (WA) donor awareness, public education and out- rectly recognizes that States need Davis (FL) LaTourette Souder reach activities and programs designed to in- flexibility designed to address their Davis (VA) Lazio Spence crease the number of organ donors within own organ donation priority areas of Deal Leach Spratt the State, including living donors. To be eli- concern, yet provides the necessary DeFazio Lewis (CA) Stearns gible, each State shall— DeLay Lewis (GA) Stenholm ‘‘(1) submit an application to the Depart- challenge and financial incentives to DeMint Lewis (KY) Stump ment in the form prescribed; address the underlying reason for the Deutsch Linder Sununu Dickey LoBiondo Sweeney ‘‘(2) establish yearly benchmarks for im- organ allocation program in America Doggett Lucas (KY) Talent provement in organ donation rates in the today, namely, the scarcity of donated Doolittle Lucas (OK) Tancredo State; organs. Duncan Maloney (NY) Tanner ‘‘(3) develop, enhance or expand a State Mr. Chairman, I reserve the balance Dunn Manzullo Tauscher donor registry, which shall be available to of my time. Edwards McCarthy (NY) Tauzin hospitals, organ procurement organizations, Ehlers McCollum Taylor (MS) and other States upon a search requests; and Mr. BLILEY. Mr. Chairman, I yield Ehrlich McCrery Taylor (NC) ‘‘(4) report to the Secretary on an annual myself such time as I may consume. Emerson McDermott Thomas basis a description and assessment of the I rise in support of the amendment Everett McGovern Thompson (MS) Ewing McHugh Thornberry State’s use of these grant funds, accom- offered by the gentleman from Wis- Fletcher McInnis Thune panied by an assessment of initiatives for po- consin (Mr. BARRETT) and the gen- Foley McIntosh Thurman tential replication in other States. tleman from Wisconsin (Mr. KLECZKA). Ford McKeon Tiahrt Funds may be used by the State or in part- This amendment would provide fi- Fossella McKinney Traficant nership with other public agencies or private nancial incentives for States to cre- Fowler Meek (FL) Turner sector institutions for education and aware- Franks (NJ) Menendez Udall (NM) atively tackle the challenges inherent ness efforts, information dissemination, ac- Frelinghuysen Metcalf Upton in organ donation awareness and edu- tivities pertaining to the State organ donor Frost Mica Velazquez cation. It would also authorize direct Gallegly Miller (FL) Vitter registry, and other innovative donation spe- Ganske Miller, Gary Walsh cific initiatives, including living donation. grants to States to allow partnerships Gibbons Mink Wamp Page 28, line 12, strike ‘‘$10,000,000’’ and in- with other public agencies or private Gillmor Moore Watkins sert ‘‘$15,000,000’’. sector institutions within States to Gilman Moran (KS) Watt (NC) mutually undertake organ donation ac- Gonzalez Moran (VA) Watts (OK) The CHAIRMAN pro tempore. Pursu- Goode Nethercutt Weldon (FL) ant to House Resolution 454, the gen- tivities. Goodlatte Ney Weldon (PA) tleman from Wisconsin (Mr. BARRETT) As I have said many times before, Gordon Norwood Weller and a Member opposed each will con- Americans who donate their organs, Goss Obey Wexler Graham Ortiz Whitfield trol 10 minutes. tissue, bone marrow or blood to save Granger Ose Wicker Mr. BLILEY. Mr. Chairman, I rise to another’s life are heroes. But, despite Green (TX) Oxley Wilson claim the time in opposition, although the generosity of the American people Green (WI) Packard Wolf and improvements in medical treat- Gutknecht Pallone Wu I am not in opposition. Hall (OH) Pascrell Young (AK) The CHAIRMAN pro tempore. With- ments for transplant patients, the sup- Hall (TX) Pastor Young (FL) out objection, the gentleman from Vir- ply of organs continues to be tragically ginia (Mr. BLILEY) will control the short of the need for transplantation NOT VOTING—13 time in opposition. among patients with in-stage organ Brady (PA) Fattah Nussle There was no objection. disease and organ failure. Campbell Greenwood Shuster The CHAIRMAN pro tempore. The Every year, the number of patients Cook Martinez Vento Crane Myrick Chair recognizes the gentleman from who die while waiting for a transplant Diaz-Balart Northup Wisconsin (Mr. BARRETT). increases, as does the national waiting

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1713 list, which now exceeds 65,000 patients intimate story (behind the headlines and Green: Yes. Absolutely. waiting for various organ transplants. talk shows) of the Greens’ fateful trip to Hill: That message runs counter to a lot of Italy: how a botched robbery changed their the cynicism we encounter today, doesn’t it? We must do more. Green: Yes. I think one of the wonderful As many know, the Committee on lives and how Reg and Maggie’s private decision to donate their son’s organs thrust them things about the Nicholas Effect is that it Commerce has spent a great deal of into the world spotlight. has uncovered this sense of togetherness— time and effort in the last year work- The world’s response to the Greens’ per- what the Italians call ‘solidarity’—that ex- ing to develop good solutions to the sonal tragedy is called the Nicholas effect. ists between people, people who are often difficult problem of increasing the sup- No matter their nationality or calling, peo- complete strangers. Obviously that’s true ply of donated organs while safe- ple respond from the heart—presidents, with organ donation, where you’ve no idea where the organs are going. White men are guarding the system from unintended movie stars, schoolchildren, grandmothers, Boy scouts, soccer players, surgeons, and walking around with black women’s hearts, bureaucratic interference that would organ recipients. Organ donor cards are Anglos are breathing with Mexican lungs, dramatically harm efforts to increase signed. Poems are written, pictures painted, and American children are alive because of donations. Many of these ideas are em- parks dedicated, scholarships established, donations made by foreign parents—and bodied in H.R. 2418. I believe this medals given, children hugged. vice-versa. Human parts are interchange- amendment will strengthen our public The effect continues today, stronger than able. I think that’s a wonderful lesson. The education campaign with respect to anyone could have predicted. More than a differences between us are trifling compared tale of loss, this is a testament to the power to what we have in common. organ donation and ultimately increase of healing and love. Hill: I was struck when reading the book the amount of organs, tissue, bone AN INTERVIEW WITH REG GREEN how many times you met someone and then marrow, or blood in our transplant cen- (By Doug Hill) found out quite a bit later that they had experienced some sort of tragedy in their own ters. Organ donation and awareness is Reg Green is a British-born financial writ- half the battle, and I applaud the gen- lives. er who lives in Bodega Bay, California. On Green: Yes, that struck me too, very forc- tleman from Wisconsin for tackling the the night of September 29, 1994, he was on va- ibly. Both in the case of strangers or people inherent challenges in organ donation cation in southern Italy with his wife and I’ve known for a long time about whom I activities. two children when highway robbers shot out never suspected anything of that sort. But Mr. Chairman, I urge my colleagues the windows of their rented car. Nicholas somehow the barriers come down and they to support this amendment. Green, age 7, asleep in the back set, was hit tell us these stories. Just the other day I Mr. Chairman, I reserve the balance in the head. Two days later, he was declared went into the grocery store and went to the brain dead, and the parents agreed to donate butcher counter. The lady who served me of my time. his organs for transplant. Nicholas’ heart, Mr. BARRETT of Wisconsin. Mr. said, ‘By the way, you’re the father, aren’t kidneys, corneas, liver and pancreas cells you?’ I said yes, and she said, ‘We had a simi- 1 Chairman, I yield 1 ⁄2 minutes to the transformed the lives of seven Italians while lar incident,’ and she proceeded to tell me gentleman from Indiana (Mr. ROEMER). the Greens’ generosity and spirit inspired about a personal tragedy. I’ve seen that (Mr. ROEMER asked and was given the world. woman a lot of times and that never permission to revise and extend his re- Since then, Reg Green, 70, and Maggie emerged. She was just the woman who was Green, 37, have become international leaders marks.) serving the sausage. Now behind that is the in the movement to promote organ dona- real person. Mr. ROEMER. Mr. Chairman, I rise tions, while the power of what is called ‘‘the in strong support of this amendment Hill: How much of the Nicholas Effect has Nicholas effect’’ continues to move anyone to do with the special qualities of Nicholas on education, information, and inspira- who hears their story. They live with their himself? tion. daughter Eleanor, 9, and twins, Martin and Green: I’ve often asked myself that. I There is a true story about a family, Laura who will be 3 in May. think quite a lot. I know, of course, that it Reg and Maggie Green, who took their Reg Green has just completed a book was our decision to donate the organs, that which describes the Greens’ incredible jour- he wasn’t old enough to know what that young sons to Italy on vacation, and ney in exquisite and often painful detail. one of them, Nicholas, was tragically meant, but somehow with Nicholas you ‘‘The Nicholas Effect’’ is to be published by wanted to be your very best. He was a very killed in a shooting on the highway, on O’Reilly & Associates in April. Recently, good little boy and he made you want to live the super highway. This couple, instead Green took time out to discuss ‘‘The Nich- up to his expectations. He stamped his per- of sprinting, leaving out of Italy, de- olas Effect’’ with interviewer Doug Hill. sonality on this story. Time and again when cided to donate seven of Nicholas’ or- Hill: What is the Nicholas Effect? reporters would come here, somehow they’ve Green: The Nicholas Effect started out by been captured by his personality. So the ef- gans to citizens of Italy. In the first being a very big increase in people in Italy fect was shared according to his own char- few days after Nicholas’ death, the signing their donor cards. Within a few days acter. number of people signing organ donor of Nicholas’ death, those signings quad- Hill: I must say that as a father I some- cards in Italy quadrupled, quadrupled; rupled. That was the initial response, and times felt jealous of the bond that you and donations there last year were that took our breath away at the time, but seemed to have with him. more than double the rate that they I was determined, as Maggie was, that this Green: Well, we were very close. I’m quite shouldn’t be just a transient thing. We both old, you know, to be the father of a young were in the year before he died. had this feeling that this could turn out to Mr. Chairman, this is an inspira- child. That may have something to do with be one of those things that people would look it. It may be when you’re a younger father tional story about Nicholas Green, his back on sadly when they remembered it, but you’ve got your own career to worry about, family, and now the ‘‘Nicholas Effect.’’ would have no real effect on their actions. you’re very busy, you haven’t settled down When we can get these kinds of stories Some other tragedy would come along that yet. I work from home, so that helped, also. shared, a foundation started, the Nich- would supersede this one. So we wanted to But, yes, we were very close. olas Green Foundation, more people try to make sure that whatever effect there Hill: You describe yourself as an agnostic. was would be more lasting. Therefore, we did aware of the importance of organs and Still, do you see a spiritual quality to the everything we could to etch it into people’s Nicholas Effect of any sort? organ donation programs, sharing of minds. We contacted the media and we gave Green: No, I don’t, really, not in any con- inspiration, sharing of these true sto- all the interviews that anybody asked for— ventional sense. I still don’t believe in an ries, we will help address this program we’ve hardly ever turned down a request for afterlife, for example. I’ve never been tempt- and this problem. an interview. We made two videos, we’ve ed to believe in it. It would be nice in a way So no matter where one is on the written articles, we dressed up as Santa to think that was true now, but I’ve never question of medical necessity versus Claus for an Italian magazine. The main been comfortable with the idea and I’ve location or geography, support this thrust of all this was to remind people of the never dabbled at it since Nicholas died. I’ve terrible loss of life around the world because always taken hope from the idea that there’s good amendment and support efforts to of the low rate of organ donation. There were a lot you can do here in the world, and that get information, education, and inspi- subsidiary things, however, which we began what you do here can be about love rather rational stories out there. to see as we got into it. People were being than hate—kindness rather than cruelty. So Mr. Chairman, I include the following brought closer together by this story. I my solace comes from what can happen on for the RECORD: imagined parents all over the world giving earth, and I see so much good coming out of Warm, moving, and uplifting...a fa- their children an extra hug before they went all this. Nicholas’ example has helped save ther’s story of how a boy’s life helped save off to school in the morning or reading an literally thousands of lives in Italy alone, thousands. extra page to them at bedtime. So we wanted because the organ donation rates have more Reg Green knows sorrow. He also knows, that to continue as well. than doubled. So that’s part of it. The other first-hand, of people around the world who Hill: You’ve said that the Nicholas Effect part of it is that other thing we’ve been talk- have risen to the challenge of tragedy with is about ‘‘life coming bravely out of death.’’ ing about, the sense of people feeling closer acts of compassion and greatness. Here is the Is that the idea? together than they did before.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1714 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Hill: Was the book difficult for you to like going to the moon. But apart from that, think also that having been a journalist, I write? no. I can’t recall any conversation that knew that when you tell a story, you can’t Green: I had tears in my eyes many times Maggie and I had beforehand. She, it runs wait for two or three days to figure out what while I was writing it and some of it was out, had signed a donor card and I hadn’t. you feel about it, or to get it correct to the wrenching, going back over Nicholas’ death, Hill: So you were pretty much like most of third place of decimals. You’ve got to talk for example, having to recreate that. But, for us. right away. Another part of its was the reac- the most part, the loss of Nicholas has been Green: Yes, that’s right. It was a revela- tion of Italy to it. It took the whole country so great that talking about it really doesn’t tion to me how much could be achieved. I by storm, and I think that regardless of what make it worse. It was also nice to be able to think in our cases, either one of us would we did or didn’t do, there would have been put down on paper the happier times I re- have done it for the other, because it would that explosion of sympathy. They were hor- member too. have been so obvious to us, just as it was in rified that a child had been hurt, many were Hill: What do you hope to accomplish with Nicholas’ case. And I think many families ashamed. The President and the Prime Min- the book? are like that—they know each other well and ister made it into a national event. All those Green: Again, there’s the two levels of would know enough to go ahead and do it, things together made it an event of impor- things. On the practical level, I’m hoping it without prior agreement. But still, it’s very tance. When we came back on one of the will be another of the building blocks by valuable to have had a discussion, particu- Italian President’s planes, the press was which organ donation becomes not unusual larly for bigger families, where one person waiting, and the momentum that Italy had or horrifying, but the natural thing to do, as objecting can stop the whole process. This given the story continued here, to a higher natural as putting on a seat belt. And I think thing has to be done quite promptly—you’ve level still. it can become as natural as that. There’s no only got a short time to make the decision. Hill: The force of that must have been as- organized opposition to organ donation. You may be able to get in touch with your tonishing to you. Whenever they take a poll, eighty percent or husband, for instance, but suppose you can’t Green: Yes, it was. By now we’ve grown more of the people in this country say they get hold of your mother, or his mother? used to people being moved by this story, but are in favor of it and would do it. They don’t That’s what often happens. People take the at the beginning we had no idea there’d be do it, but not because there’s a principled ob- safe course because it’s too difficult to con- this reaction. I remember when we made the jection to it, but because of circumstances. I tact everybody, and they’re afraid that decision to donate the organs, we stayed to think people can be overwhelmed when there somebody might object. sign some forms, and then left the hospital. is a sudden death. So what I’m hoping to do Hill: You often describe the decision to do- By the time we got back to the hotel, the on that front is make them aware of the im- nate Nicholas’ organs as ‘‘obvious’’ or press already knew. Until then we had portance of it—of the consequences of a re- ‘‘easy.’’ I think many readers may find that thought we were making a purely private de- fusal. When people are asked to do it, they hard to understand—I know I did. Why would cision. Then by the next day there was a tend to think of that child or husband of it have been that obvious? sheaf of telegrams from some of the leading theirs and the organs being taken away from Green: It was obvious simply because Nich- figures in Italy. them, and they’re frightened or worried by olas was dead. There was no question in our Hill: As someone who has been a jour- it. I want them to see the other side. If you minds that he wasn’t in a coma, for example. nalist, how well or how poorly did your col- don’t do it, this is what somebody else has to Those organs were of no use to him anymore. leagues in the media handle the story? They suffer. Somebody else has to go through Not only did Nicholas not need those organs come off fairly well in the book, and I won- what you’re going through if you don’t make anymore, but the essential Nicholas was dered if you were bending over backwards to that decision. On the organ donation level, clearly not in that body. Whether it was a be diplomatic. that’s it. I also wanted to show the sense of soul or our memories of him, or the legacy Green: No. There were a lot of detailed solidarity between quite different kinds of he left behind—that was where Nicholas was. mistakes, people getting our ages wrong and people that this incident has produced. In no way conceivable to us could we be that sort of thing. A couple of magazines Hill: What specific steps should people hurting him by using his body, and yet we quoted us as saying that ‘‘Nicholas lives’’— take to make sure that their organs will be could be using it to help other people. On top meaning he lives on through the organ re- available for transplant? of that, we know that it was a decision he cipients—and we never said that. But, as a Green: The most important is to discuss it would have approved of. We never discussed whole, people treated the story seriously and with your family so that if there is a brain it with him, obviously, but if he’d under- they treated organ donation in a very ma- death in the family, their minds are already stood the situation, there would have been ture and positive way. So we have nothing to attuned to this and it doesn’t take them by absolutely no question in Nicholas’ mind complain about. In fact, I’m grateful to the surprise. There’s a new initiative started by that that’s what he would have wanted us to press, because without the mass media this the American Society of Transplant Sur- do. would have been a small story instead of a geons, and what they ask you to do, instead Hill: The letters chapter in the book is worldwide story. of signing the donor card, is to just sit down amazing. I was struck by your comment that Hill: It’s unusual for anyone who’s been the with the family and say, ‘‘Look, if anything it isn’t possible to read those letters without focus of media attention these days to come were to happen, I’d want you to give my or- the sense of a ‘‘momentous event’’ having out of the experience with much positive to gans and tissues.’’ The others in the family taken place. I assume that’s another exam- say. who agreed would sign a document, the Fam- ple of the Nicholas Effect at work? Green: I think they all felt very sorry for ily Pledge, and then they’d probably put it Green: Yes, on the face of it, it’s just one us. They didn’t want to hurt us anymore. away and forget where it was and that would tragedy among many. In terms of numbers, Hill: How are the recipients doing? be the end of it. It would have no legal stand- of course, Nicholas’ death was a very small Green: They’re all back in the mainstream. ing, but it would mean that when death did tragedy, and yet it had these amazing con- There are seven of them and most are in very occur, perhaps sooner than anyone expected, sequences. The letters we received weren’t good shape. Let me think. The two who re- that conversation, that joint decision, would written the way condolences from strangers ceived corneas, yes, no problems there. Two come to mind. It wouldn’t work every time, often are. They didn’t write ‘‘We’re sorry kidneys, yes, Liver, fine, she just had a baby. but we think in many cases it would have your little boy has died . . . He will be in our So those five definitely. Now what have I the right effect—people would say, ‘‘Yes, thoughts and you too . . . Goodbye.’’ In- missed? The boy with the heart, who had had that’s just what he wanted.’’ stead, their letters talked about big things six previous operations, he worried people for Hill: I was struck by your comment in the having happened in their lives because of a time. He was in the hospital a lot longer book that transplantation means we’re ‘‘no this event. Some people felt their whole view than the others and there were side effects, longer at the mercy of arbitrariness. We had shifted, or that they’d taken some quite and I remember hearing there were some have a say in the outcome.’’ Could you elabo- big action that they hadn’t done before. concerns about rejection. However, a year or rate on that? They clearly felt that something had hap- so ago I was on a TV program with his moth- Green: I connect it with the idea that pened of importance that they should pay ater, and she said he’s fine now. The seventh is death has a purpose. Death is not simply tention to. Silvia, a long time diabetic, a brutal disease. some terrible thing that happens. None of us Hill: Why? Why did this one death have She had been in a series of comas before her is going to like it, but it’s there for a reason: that effect? transplant and still has serious complica- the old and the feeble have to be replaced by Green: Well, there must be a lot of ele- tions from that time. However, she has re- younger and stronger ones. But people die ments to that. I think the slaughter of an in- covered enough that when I saw her last she every day because of the failure of one organ. nocent was part of it—the sheet wantonness was able to live in an apartment on her own. Many of them are young, some only babies. of it all.And I think it probably had some- Hill: How are Eleanor and the twins doing? People with whole lives in front of them are thing to do with the fact that Maggie and I Green: Fine. Eleanor still says from time suddenly dead. Transplantation means that were willing to talk about it to the press to time things like, ‘‘Wouldn’t Nicholas have we can step in and save such people. right from the beginning, so that Nicholas’ enjoyed this?’’ or, ‘‘Do you remember when Hill: Did you have any thoughts about do- personality appeared in the very first stories Nicholas did that?’’ But the twins have nation before your experience with Nicholas? that were written. He wasn’t just figure with changed her life beyond recognition. She had Green: Not really. I had been very im- a name who was killed: he had a rounded per- become an only child and we began to worry pressed by Christiaan Barnard’s early experi- sonality. And because there were pictures, that she would turn inward. But the twins ments with heart transplants, which seemed there was also a face to go with the story. I have brought out all her maternal instincts

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1715 and she looks after them in a very mature Instead, we can increase the number even in areas where the organs are way. They dote on her and love it when she of organs donated, number of organs in available, those waiting lists are there, comes home from school. the system, and that is really what this also. They are doled out on medical Hill: And Maggie is well: Green: Yes, she’s fine. Maggie’s very should be about today. That is the need. My brother would probably not strong. If you ever met Maggie, you’d see the most important thing. have received the lung he needed to gentleness in her, but it’s the combination of Again, I congratulate my colleague live if the decision was made in Wash- that and the strength behind it all that’s for bringing this amendment forward. ington, because what physician, what made all the difference. Mr. BARRETT of Wisconsin. Mr. bureaucrat, is going to know his condi- Hill: What about you, Reg? I have read Chairman, I yield 3 minutes to my col- tion versus the doctors who have at- that you now consider increasing awareness league, the gentleman from Wisconsin tended him for years and years while of the need for organ donations as your life’s (Mr. KLECZKA), a coauthor of this he waited? work. Is that accurate? amendment. Green: Yes, that’s true. What this has So those 4,000 who passed away be- given us is a genuine cause that has got two Mr. KLECZKA. Mr. Chairman, let me cause of unavailability of an organ also things going for it. One is, we know if does thank my colleague, the gentleman come from States where the organs are good. We can feel it in the air when we go from Wisconsin (Mr. BARRETT) for available because they are not plenti- places—the things people say to us, the sta- yielding time to me. ful enough. Adopt the Barrett amend- tistics in Italy, the letters we get—we just Mr. Chairman, I rise not only to sup- ment, provide some needed dollars, so know that it’s having the kind of results we port the amendment, but also to sup- we all can enjoy the gift of life that want it to have. Secondly, even though we’re port the underlying bill. The entire some States might have a couple more amateurs in the world of organ donation, and issue of organ donation is very near than others. tens of thousands of other people working on and dear to our family, for it was about this problem know infinitely more about it Mr. BLILEY. Mr. Chairman, I yield 2 than we do, I do feel we have a special mes- 6 years ago that my brother received minutes to the gentleman from Wis- sage. the gift of life. He received a new lung consin (Mr. RYAN) Hill: My last question is really about the at a local hospital in my district. With- Mr. RYAN of Wisconsin. Mr. Chair- impact of the Nicholas Effect on you. You out that, my brother would not be with man, I rise as a cosponsor of the Bar- said at one time that ‘‘while we lost every- us any longer, or his four children, or thing, we did get something back.’’ What was rett amendment. I would also like to his wife. thank the gentlemen from Wisconsin, it you got back? When we start talking about the allo- Mr. KLECZKA and Mr. BARRETT, the co- Green: I suppose the nub of it is knowing cation of organs and changing the sys- so much good came out of what could easily sponsors, the authors of the amend- tem, I take a very strong interest in have been just a sordid tragedy. I often think ment, for this excellent amendment. I people don’t realize, as we didn’t, what a that. It seems that, after listening to believe this amendment can do a great mighty gift they have in their hand when the debate from those who oppose the deal to improve our Nation’s current they are faced with a decision about making bill, it is more of a question of where organ donation system. a donation. the organs are harvested, where they We have witnessed in several States are available, and the fact that they Mr. BLILEY. Mr. Chairman, I yield 2 innovative programs to encourage in- are not necessarily sent to areas of the minutes to the gentleman from Wis- creased organ donations that have pro- country where they do not do a very consin (Mr. GREEN). duced dramatic results. In my home good job of procuring organs. Mr. GREEN of Wisconsin. Mr. Chair- State of Wisconsin, we have developed I am saying the answer to that di- man, I thank the gentleman for yield- a highly successful organ donation sys- lemma, to the most serious problem, is ing me this time. tem that has served as a model not to throw out the current system I would like to begin by associating throughout the country. I believe that that works, but let us adopt the Bar- myself with the remarks of my friend Wisconsin has offered much to those rett amendment, which provides more and colleague from Milwaukee and con- States that currently lack high dona- Federal resources to educate and to try gratulate both he and my other col- tion rates. league from Milwaukee (Mr. KLECZKA) to provide more donations from indi- The Wisconsin State legislature just for bringing this amendment forward. viduals in our country. recently passed a bill requiring teen- This is the ‘‘good news amendment’’ It is a very simple step, Mr. Chair- agers to take 30 minutes of instruction of this process. Up to now, our debate, man. I wonder how many Members of on organ and tissue donation as part of our battle has been over how to ar- Congress have affixed to their driver’s their drivers education program. It is range the chairs around the table. This license the organ donation sticker, or innovative programs like these that amendment is the first amendment have signed on the back of the driver’s keep our rates high. that takes square-on the important license the fact that should something challenge of how we make the table happen to us, our organs should be pre- In addition to this program, Wis- bigger, of how we make sure that we served and not let gone to waste? consin has also introduced legislation have more organs in the donor system. The question here is, let us provide for a donor registry, and currently uti- the same type of education and pro- lizes driver’s license checkout pro- b 1500 gramming at States other than those grams, donor cards, and power of attor- As we have heard several times who do a good job, like Wisconsin and ney for health care forms to encourage today, there is a sad shortage, and the Florida and Kentucky, to the other organ donation. shortage is a matter of life and death. States like Pennsylvania and some This amendment would provide a co- But the good news is that in some parts others of Members who spoke on the operative environment that shares suc- of the country, like my home State and floor today. cesses and helps to diminish failures. the gentleman’s home State of Wis- One of the Members previously in the We should seek to eliminate our na- consin, we have shown that public edu- debate indicated that there are organs tional organ shortage by improving the cation and outreach efforts can work. available, so someone calls the local donation rates in all States, not by pe- We can increase the percentage of golf course. I thought that was a rather nalizing States with more effective those who donate their organs. We can crass statement. No one is going to programs. raise public awareness. have an organ transplanted into the I, too, am an organ donor. On the This amendment is so important be- body because it is newer than what back of my Wisconsin driver’s license, I cause it turns to the States and it chal- they got. It is not done like a set of have this great little sticker. We are lenges the States, and works with and tires on your car which would provide doing well in Wisconsin. We have a pro- reaches out to the States to do what for more mileage for getting around. It gram we are proud of. This amendment States like Wisconsin have done so we is a lifesaving thing. does a lot to improve the base text of are not bickering over who sends what We are told of the sad statistics a good bill to make sure that the where, who will make these decisions, where 4,000 people a year die because States that are doing well continue to whether or not we are going to bring there are no organs available. The do well, and encourages those States politics into this, turn this over to bu- waiting lists are in excess of 65,000 that have room for improvement to im- reaucrats. around the country. But Mr. Chairman, prove themselves.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1716 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Mr. Chairman, I encourage all Mem- something we all were strongly hoping Texas, just to name a few, have imple- bers to vote in favor of the Barrett for and unfortunately it did not work mented innovative programs to in- amendment. out, because, as somebody said earlier crease organ donation. In fact, Wis- Mr. BARRETT of Wisconsin. Mr. today, we should not even really have consin has a model intensive education Chairman, I yield 2 minutes to the gen- to be doing something like this on the program that works closely with tlewoman from Wisconsin (Ms. BALD- floor. The truth is that we should not schools, community groups, church WIN). have to, but we were forced to. groups, and the hospitals to allay indi- Ms. BALDWIN. Mr. Chairman, I In the process of all that, however, viduals’ questions and concerns relat- thank the gentleman for yielding time many people said that what we really ing to organ donation. to me. have to concentrate on is how to im- This amendment recognizes the crit- Mr. Chairman, in my home State, as prove the harvesting of organs to get ical role that States can play and are Members have heard, we are blessed additional donations of organs and playing in improving organ donation. I with one of the Nation’s most success- whatnot. would urge my colleagues to support it. ful organ transplant and procurement I think that the gentleman from Wis- Mr. BARRETT of Wisconsin. Mr. programs. People in Wisconsin care consin (Mr. BARRETT) by his amend- Chairman, I yield back the balance of about helping their neighbors and ment is basically the only one who has my time. loved ones, and we benefit from a very addressed that at this point in time. The CHAIRMAN pro tempore. The successful education and outreach pro- We are hopeful we can work together question is on the amendment offered gram. to improve what he has come up with by the gentleman from Wisconsin (Mr. Everyone is involved in this effort, once this is behind us. BARRETT). from families to physicians, small clin- We want to commend him. I support The amendment was agreed to. ics and larger transplant hospitals. Ad- his amendment and I want to publicly The CHAIRMAN pro tempore. It is ditionally, the local media takes the say so, particularly to commend him now in order to consider amendment time to emphasize and praise the ac- for coming up with these very innova- No. 5 printed in House Report 106–557. tions of organ donors. tive ideas. They do not go as far as we AMENDMENT NO. 5 OFFERED BY MR. For instance, just this past weekend, all would like them to go, but it cer- SCARBOROUGH one of my hometown newspapers fea- tainly goes in the right direction. I Mr. SCARBOROUGH. Mr. Chairman, tured a front page story on the recent want the gentleman to know that I ap- I offer an amendment. tragic death of a 15-year-old boy in my preciate it very much. I do commend The CHAIRMAN pro tempore. The district from a severe asthma attack. the gentleman. Clerk will designate the amendment. But even in the face of this awful trag- Mr. BARRETT of Wisconsin. Mr. The text of the amendment is as fol- edy, the family and the journalist Chairman, I yield myself such time as lows: made a point of noting the boy’s com- I may consume. Amendment No. 5 offered by Mr. SCAR- mitment to organ donation. Mr. Chairman, I want to thank the BOROUGH: Jason Frederick had talked about do- gentleman from Florida. I wish he had Page 29, after line 17, insert the following: nating his organs. It was something he more time, because he is so nice to me. SEC. 8. NULLIFICATION OF FINAL RULE RELAT- ING TO ORGAN PROCUREMENT AND felt very strongly about. He wanted to Mr. Chairman, I yield 2 minutes to TRANSPLANTATION NETWORK. be an organ donor, but he did not yet the gentleman from Wisconsin (Mr. Notwithstanding any other provision of have his driver’s license. His family KIND). law, the final rule relating to the Organ Pro- made sure that his wishes were carried (Mr. KIND asked and was given per- curement and Transportation Network, pro- out. mission to revise and extend his mulgated by the Secretary of Health and Rules and regulations at the Federal remarks.) Human Services and published in the Federal level addressing organ allocation will Mr. KIND. Mr. Chairman, I thank my Register on April 2, 1998 (63 Fed Reg. 16296 et not address the critical issue of organ friend for yielding me this time. seq. adding part 121 to title 42, Code of Fed- For someone just tuning in, Mr. eral Regulations) and amended on October shortage. That is why this bill and the 20, 1999 (64 Fed. Reg. 56649 et seq.), shall have Barrett-Kleczka amendment are nec- Chairman, they are probably a little no force or legal effect. essary. I am a cosponsor of this amend- surprised to see that we are not actu- Page 29, line 18, redesignate section 8 as ment because I want all States across ally debating dairy policy right now. section 9. the country to share Wisconsin’s suc- Instead, we are talking about the organ The CHAIRMAN pro tempore. Pursu- cess in organ procurement and trans- donation system in the country. That ant to House Resolution 454, the gen- plants. is because it is very important for the tleman from Florida (Mr. SCAR- I urge my colleagues to support this people in Wisconsin, but it is actually BOROUGH) and a Member opposed each amendment and to provide States with as important for people across the will control 15 minutes. the resources to address the underlying country. Is there a Member opposed to the reason for the organ allocation prob- I know most of the Members here amendment? lem in America today, the scarcity of today are approaching this based on Mr. BROWN of Ohio. Mr. Chairman, I donated organs. the very local and parochial viewpoint rise in opposition to the amendment. Mr. BLILEY. Mr. Chairman, may I on the issue, but hopefully all of us can The CHAIRMAN pro tempore. The ask, do I have the right to close? see the need and agree to support this gentleman from Ohio (Mr. BROWN) will The CHAIRMAN pro tempore (Mr. very important amendment. I com- be recognized for 15 minutes. EWING). Under the circumstances, the mend my friends, the gentlemen from The Chair recognizes the gentleman gentleman from Wisconsin (Mr. BAR- Wisconsin, Mr. BARRETT and Mr. from Florida (Mr. SCARBOROUGH). RETT) has the right to close, since the KLECZKA, for offering this. Mr. SCARBOROUGH. Mr. Chairman, gentleman from Virginia (Mr. BLILEY) This amendment is very simple. It es- I yield myself 5 minutes. is not opposed to the amendment. tablishes grants to States to foster Mr. Chairman, first of all, I rise in Mr. BLILEY. Mr. Chairman, I yield public awareness, education, and out- strong support of this bipartisan legis- the balance of my time to the gen- reach activities designed to increase lation, which obviously is going to re- tleman from Florida (Mr. BILIRAKIS). the number of organ donors within the organize the National Organ Trans- Mr. BILIRAKIS. Mr. Chairman, I State. There is a shortage of organ do- plant Act of 1984. It is a critical piece want to just take a few seconds, really, nors across the States. I am very proud of legislation that will obviously save to commend the gentleman from Wis- that my own State of Wisconsin has an lives, and I want to say right now that consin (Mr. BARRETT). He is on the excellent record of organ procurement. I certainly heartily support the bill. I committee, he is on the subcommittee, In 1999, the University of Wisconsin want to thank the gentleman from Vir- and he has heard all of the arguments was one of the top organizations in ginia (Mr. BLILEY) and the gentleman and debate in the hearings. organ procurement. from Florida (Mr. BILIRAKIS) for their In the process, unfortunately, of tak- In fact, many States across the coun- hard work on the bill. ing something which should have been try including Alabama, California, Ha- The Scarborough-Thurman amend- worked out by the parties, and this is waii, Indiana, Missouri, Montana, and ment is actually a friendly amendment

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1717 that preserves the use of real science cept Medicaid from the patient’s home Mr. Chairman, HHS has worked hard and medicine in allocating organs. It State. Again, who is penalized? It is to ensure the final rule reflects Insti- keeps organ allocation out of the hands the low-income patient. The policy tute of Medicine recommendations. of Federal bureaucrats and keeps it mandated by HHS will impair access to HHS has worked hard to ensure that with local doctors and also with local transplantation services for these low- the final rule reflects the views of pa- communities. income patients and lack of access to tients, of donors, of the medical com- Unfortunately, in 1998, a bureau- organs may drive some regional trans- munity, and the current contractor cratic rule was passed that tried to plant centers completely out of busi- handling organ allocation. centralize all the power in the Depart- ness, inflicting a fundamental blow to The only reason, the only reason to ment of HHS, and also centralize all of patient access and, most importantly, nullify the HHS rule, is to perpetuate the decision-making authority with to patient choice. inequities in the system that we have Donna Shalala and her bureaucracy. It Congress must step in and act to as- heard so much about today and the lax was nothing less than a hijacking of sure that allocation policies that have oversight that has allowed these in- the process, and today, as we talk been developed will not harm patient equities to become entrenched in our about passing this important, critical access to local transplantation serv- organ allocation system. bipartisan legislation, it is important ices. The amendment that the gentle- Proponents of H.R. 2418 claim that to remember that this centralizing rule woman from Florida (Mrs. THURMAN) HHS is engaging in a power grab. I that allows bureaucracies to make de- and I would offer simply nullifies the maintain HHS is claiming, on behalf of cisions and not local doctors and local final rule issued by HHS Secretary the public, on behalf of taxpayers hospitals, local medical providers, and Donna Shalala that gives HHS the sole, whom it represents, authority that local communities, is still in effect. centralized bureaucratic authority to does not belong to a private con- approve or disapprove organ allocation tractor. b 1515 policies that are currently established Again, the right way to serve the The recent Institute of Medicine by the private sector transplant com- public interest is not to protect a pri- study concluded that the current organ munity. vate government contractor from pub- transplant system is fair and does a It just makes absolutely no sense to lic input. It is to ensure that private very good job of acquiring and allo- centralize this process in one Wash- and public interests work together to cating organs for transplantation. ington bureaucracy and basically dic- build the best, most equitable system However, like any system there is tate what transplant centers across possible. That is the fundamental prin- room for improvement but those deci- this Nation will do. ciple articulated in the Institute of The Shalala rule is a bad rule. It sions for improvement should be made Medicine report, and it is a defining makes no sense. It hurts those that are by the people who are best equipped to principle underlying the HHS final the lowest income transplant patients make the decisions, the transplant rule. and, most importantly, it hurts choice. community rather than the HHS bu- I urge my colleagues to oppose the reaucracy. Mr. Chairman, I reserve the balance of my time. Scarborough amendment, which under- My amendment clarifies that the au- cuts both IOM, Institute of Medicine thority to set transplant policy rests Mr. BROWN of Ohio. Mr. Chairman, I yield myself such time as I may con- findings, and a final rule that is thor- with the transplant community and re- ough and is fair. sults from bottom up consensus driven sume. Mr. Chairman, I rise in strong opposi- Mr. Chairman, I reserve the balance processes, not by a regulatory fiat. tion to the Scarborough amendment. of my time. The Institute of Medicine also con- The Department of Health and Human Mr. SCARBOROUGH. Mr. Chairman, tradicted the underlying rationale for Services has worked with the trans- I yield 1 minute to the gentleman from the controversial rule on organ alloca- plant community and with UNOS to Virginia (Mr. BLILEY), the chairman of tion proposed by the Department of develop a final rule that reflects the In- the committee. HHS. In an analysis of 68,000 liver pa- stitute of Medicine recommendations, Mr. BLILEY. Mr. Chairman, I thank tient records, the IOM panel said, that reflects common sense. the gentleman from Florida (Mr. SCAR- quote, the overall median waiting time On what basis should this body nul- BOROUGH) for yielding me this time. that patients wait for organs, the issue lify those months of work, those hours Mr. Chairman, I rise in support of that seems to have brought the com- and hours of time put in by HHS and this very straightforward Scarborough- mittee to the table in the first place, is outside experts? Thurman amendment which nullifies not a useful statistic for comparing ac- Let me quote William Payne, MD, the administration’s organ regulation. cess to or equity of the current system the President of UNOS. Dr. Payne, This amendment clarifies for HHS that of liver transplantation, especially from listening to the debate today, once H.R. 2418 becomes law, the De- when aggregated across all categories must be quite a special man. After all, partment must issue a new regulation of liver transplant patients. proponents of H.R. 2418 are comfortable to comport with the new authorization HHS has vigorously maintained that bestowing upon him authority over and to include lessons learned from 2 reducing regional differences in wait- matters critical to the public interest years of fighting with Congress. ing time was the primary goal of the and to public health and to ensure that I encourage my colleagues to join me rule on organ allocation, but the prac- his decision-making is unencumbered in voting yes on the Scarborough-Thur- tical effect of the rule would be to shift by accountability to the public. man amendment. organs that are currently used for Let me quote Dr. Payne. In a letter Mr. BROWN of Ohio. Mr. Chairman, I transplants in many local or regional he wrote a couple of weeks ago to my yield 5 minutes to the gentleman from transplant centers across the country friend, the gentleman from Michigan Pennsylvania (Mr. KLINK). to just a few very large national cen- (Mr. DINGELL) Dr. Payne said, quote, Mr. KLINK. Mr. Chairman, I thank ters. This centralization of the process UNOS and HHS are working closely to- the gentleman from Ohio (Mr. BROWN) in Washington, D.C. could mean that gether to ensure an effective and effi- for yielding me this time. patients waiting for a transplant at a cient implementation of the Depart- Mr. Chairman, this is a difficult issue local center are going to have to wait ment’s final rule, including the organ because we have good friends who we much longer or actually have to relo- allocation provisions. respect on both sides of this amend- cate closer to a national center if they Let me read that again. UNOS and ment, on both sides of this bill. We hope to get the transplants that they HHS are working closely together to come to our decisions with very deep so desperately need. ensure an effective and efficient imple- and heartfelt life experiences that we Now, for many patients, particularly mentation of the Department’s final have seen. This, I think, unlike most poor, lower income patients, this could rule, including the organ allocation other pieces of legislation that we present a formidable economic obstacle provisions, unquote. should argue and debate about, many for them and their families. To make So, even the President of UNOS of us have had firsthand experience. matters worse, States where these na- seems supportive of HHS rule. So why I kind of grew up professionally, be- tional centers are located may not ac- should we overturn those rules? fore I was a Member of Congress, I was

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1718 CONGRESSIONAL RECORD — HOUSE April 4, 2000 in the news media in Pittsburgh and be able to get an organ from their awaiting an organ transplant and each knew and still know Dr. Thomas home State because that State wanted year about 4,000 Americans die because Starzel, who is the father of much of to keep those organs in that State. We there are not enough donated livers, the transplant technology that we have are simply talking about Health and kidneys, and other organs to go not only across this Nation but around Human Services, the Federal Govern- around. this world. ment, working with UNOS, working b 1530 The University of Pittsburgh, where with the transplant community, to set Dr. Starzel and many of the other doc- up a better, more definitive decision- I just might insert here that, under tors who he trained and they trained making process. It does not have to be the Health Resources and Services Ad- other doctors, really went from an in- all one way or all the other way. ministration, while they go through fancy of transplanting where there was We cannot put private contracting talking about reasons that we should seldom people that really survived for agencies, with no recourse, with no improve the Nation’s organ transplant, very long to the point where it is al- checks and balances, in the position of this is a part of HHS, the very last most as commonplace as changing a playing God. That is what this amend- statement that they make is: the pri- carburetor in an automobile or an en- ment would do. mary problem remains the shortage of gine in a truck or a car to change I must rise in strong, strong objec- organs available for transplantation. major body parts and have people sur- tion to this amendment, and I hope Absolutely the bottom line of all of vive. that there are Members who are not this. So we all agree that we must in- What a miraculous and historic time here that are watching on their TVs in crease the number of organ donations we live in. their offices and that they will come in our country. However, not all of us The question here is, who plays God? here and vote against this amendment. agree on how to do this. Let us not make any questions or any It is not because I have an objection to The Department of Health and qualms about this. It is, where is the the authors. I think that they have of- Human Services believes the way to authority? The question is, do we take fered this with the best of solve the problem is to move the or- a private contractor, UNOS, and allow aforethought, but on this, Mr. Chair- gans from one part of the country to them to be the sole decision maker man, we have a very deep-seated dis- another. Although many people think here? Or is there some government agreement, and this amendment should this may help the organ shortage prob- oversight? be voted down. lem, do my colleagues know what I I have heard much of the rhetoric Mr. SCARBOROUGH. Mr. Chairman, think? I believe this will only change today that we do not want some cen- I yield myself 30 seconds. the demographics of where people will tralized, bureaucratic decision-making Mr. Chairman, I would say, first of die. process based here in Washington, D.C. all, it sounded to me like we were real- As long as there is an unequal num- Well, that is what we typically call folly having to choose between two false ber of patients needing transplants derol in western Pennsylvania, because choices there because right now the compared to organs available, people there is certainly not any monopoly on Federal Government does have over- are going to die. bad decision-making process in govern- sight. HHS does have oversight. It had I do not disagree with Secretary ment. oversight when this bill was passed Shalala’s assertion that people in dif- I have been the ranking Democrat on into law in 1984. ferent areas of the country are waiting the Subcommittee on Oversight and In- HHS has oversight, but what has hap- for different lengths of time. However, vestigations that has jurisdiction over, pened now is oversight is not enough. I have to insert here that it is impor- among other agencies, the Health Care They want to completely hijack the tant to remember that the very sickest Finance Administration. As we looked process. They want to be able to dic- patients, those who are in intensive at the fiscal intermediaries, those in- tate whether somebody that dies in the care units, the current waiting period surance companies that we put in place Congressman’s district near Pittsburgh among all transplant centers is very to handle Medicare payments to hos- can get an organ transplant in Pitts- short, less than 6 days in all regions of pitals, we found vast numbers of them burgh or whether they decide they are the country, in all regions of the coun- that have ripped off the system for tens going to have to go to Stanford Univer- try. This was publicly acknowledged by of millions of dollars. They have paid sity in California. It is unfair to the HHS officials at the same time that criminal and civil penalties for doing poorest people and it is wrong. Donna they issued the regulations. it. They have admitted their guilt. Shalala does not have a right to hijack However, we also do not believe, or We must have some government the process. that it is clearly an oversimplification oversight. As I said earlier when we Mr. Chairman, I yield 51⁄2 minutes to to think that reallocating the available were debating the LaHood amendment, the gentlewoman from Florida (Mrs. organs will have a positive impact on we depend on the Secretary and the THURMAN). the outcome. UNOS says history shows agency to help us determine what Mrs. THURMAN. Mr. Chairman, I that organ donation is a local phe- medicines and what medical devices thank the gentleman from Florida (Mr. nomena. Organ donations rise in com- are safe and to tell us what the NIH SCARBOROUGH) for yielding and I want munities that have transplant centers criteria should be for research, what to say that he has done a lot of hard and fall when centers close. Medicare should cover. Now all of a work on this and I am proud to be I have also heard several Members sudden we want the government out standing here as a cosponsor with him rise and talk about how lower-income and we want a private contractor mak- on this floor today. individuals are not receiving organs in ing all of these decisions. Mr. Chairman, I am rising in strong a timely manner. First, my colleagues One cannot talk very badly, when support of the underlying bill, H.R. should know that income is not taken they talk about the transplants, about 2418, but as well to this amendment. into consideration when a patient is the so-called national centers, whether Some people might say well, why do we put on a transplant list. it is at Pittsburgh, Stanford Univer- have to have this amendment when the Also, my colleagues should know sity, Cedar Sinai because these centers, bill reauthorizes the pre-HHS rule that HHS regulations could have a neg- and I have seen it firsthand, accept the organ policies? Well, the truth is that ative impact on individuals who will sickest patients, patients quite often this bill will reauthorize and strength- have to travel great distances and be that would not be accepted for trans- en the organ policies of our country. separated from their loved ones at a plant in some of the smaller institu- However, the HHS rule will still be in time when they are needed most. tions around the country. place and we would need to nullify that Under the HHS rule, the additional They accept people not just from rule in order to turn these decisions travel cost could make it impossible their State, not just from their geo- back over to medical doctors. for the 20 percent of transplant pa- graphic location but from everywhere. So if one is for this underlying bill, tients who are on Medicaid actually We have seen circumstances where pa- they need to be for this amendment. who would receive a transplant. Now, tients would come to the University of We have talked about that there are how would this happen? Because we Pittsburgh, for example, and would not more than 63,000 Americans who are think, if this rule stays in place, that

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I would like to just share with come extremely ill before they receive Payne, the President of UNOS, has my colleagues some excerpts from a transplant. However, under the cur- written that UNOS and HHS are work- some of their comments. ‘‘A ‘sickest rent rules and the UNOS policy, an in- ing closely together to ensure an effec- first’ policy would increase the number dividual’s likelihood for a successful tive and efficient implementation of of retransplants as more patients expe- transplant is taken into consideration. the Department’s final rule set for Why should the Secretary have the March 16, including its organ alloca- rience graft rejection, and thus reduce power to determine who gets an organ? tion provisions. the number of organs available for UNOS, along with the medical commu- That is exactly the point. HHS issued transplantation overall. Patients nity, needs to determine who needs the a rule. Congress stepped in, said we would have to become ‘sicker’ in order organs the most and who will most need this IOM study. We got this IOM to receive a transplant, thus reducing likely be a successful transplant recipi- study. The study from the Institute of their chance for survival. This would ent. Medicine was incorporated in the new be completely counterproductive and My State of Florida has done an in- HHS rule. In this proposed finalized, re- result in increased cost with reduced credible job of increasing the number vised version issued October 20, other success.’’ I quote Dr. R. Robert Hig- of individuals who agree to be an organ changes recommended by UNOS, rec- gins, Director of Thoracic Organ Trans- ommended by the public were incor- donor. Why should my State and my plantation, Henry Ford Hospital in porated. Michigan. local transplant centers be punished That is why the very respected Dr. for doing a good job? Why should the Payne, who is head of UNOS, said that He went on to say, ‘‘A national list Federal Government dictate that some- UNOS and HHS is working together. coupled with a sickest-first policy one who is a status 2 patient in another That is why we should oppose this would make it all but impossible for State should get an organ before a sta- amendment. That is why we should op- my patients and in particular patients tus 2 patient in Florida? pose this bill if the amendment is in- everywhere that are poor or minority Allocation policies must be based on corporated. patients, to receive a transplant. From sound medical decisions, decisions Mr. Chairman, I reserve the balance a physician’s point of view, without made by the board of UNOS, not deci- of my time. available organs, there is nothing I can sions handed down by the Federal Gov- Mr. SCARBOROUGH. Mr. Chairman, do to help my patients over the longer ernment. can I inquire how much time each side term. If the rule were in effect today, My colleagues might also be inter- has remaining. the Federal Government would essen- ested to learn that kidneys must be The CHAIRMAN pro tempore (Mr. tially be denying the benefits of organ compatible, and I do have personal ex- HOBSON). The gentleman from Florida transplantation to a broader number of 1 perience on this. With regard to the (Mr. SCARBOROUGH) has 3 ⁄2 minutes re- patients.’’ Dr. Higgins of Henry Ford liver, UNOS has recently taken steps maining. The gentleman from Ohio Hospital made those comments. to approve a new liver allocation plan (Mr. BROWN) has 51⁄2 minutes remain- which calls for developing new, more ing. Joseph Brand, chairman of the Na- objective criteria for listing patients in Mr. SCARBOROUGH. Mr. Chairman, tional Kidney Foundation: ‘‘We believe the progressive illness categories. I yield 1 minute to the gentleman from that less patients would receive liver The bottom line is we need to pass Alabama (Mr. BACHUS). transplants if the OPTN were required this amendment. If my colleagues Mr. BACHUS. Mr. Chairman, March to develop policies where organs are al- agree with the underlying bill, then 16, 2000, that was last month. It was a located to the sickest candidates first. this amendment is what is needed so Thursday. HHS and Donna Shalala de- Such candidates are likely to have poor that we can make sure of what the gen- cided that they knew better than doc- outcomes and require repeat trans- tleman from Ohio (Mr. BROWN) said, tors, they knew better than hospitals, plants, thus reducing the number of or- that UNOS and the Department can sit they knew better than the entire trans- gans available for other candidates. down and come up with one that is plant community. They substituted Furthermore, NKF has maintained more aggressive for everybody. their opinion for that of patient, for that a ‘sickest first’ policy should not Mr. BROWN of Ohio. Mr. Chairman, I doctor, family, and decided that they be applied to renal transplantation be- yield myself such time as I may con- would make the call that their opinion cause of the availability of dialysis as sume. was what counted when it came to an alternative therapy.’’ Mr. Chairman, I want to recap sort of transplants. It was a day on which they issued a rule that threatens the health Mr. John R. Campbell, senior vice where we have been with this con- president and general counsel of troversy in the last couple of years. of tens of thousands of Americans. This amendment is necessary because LifeLink says, in talking about the Two years ago, almost exactly to this we need to send a strong signal, this great instances of the donations: day, in early April of 1998, HHS pro- body, that medical decisions are not ‘‘First, costs will dramatically in- mulgated what was called the final rule made by Federal bureaucrats that do crease, because of the required private at that point on this. Soon after, our not have a medical degree. They are jet transportation of hearts and livers. colleague who has since left, Mr. Liv- made by the medical community. They Second, ‘warm’ time,’’ W-A-R-M time, ingston, inserted or added in the appro- are made by the hospital. They are ‘‘or the time from organ procurement priations process a rider calling for an made by the patients. to implantation, will increase, and Institute of Medicine study and saying This amendment is a good amend- thereby decrease the function of the or- that he was particularly unhappy, as ment. On three occasions, the Congress gans. This will also increase costs. The many Members of Congress were, in has voted to stop that rule. It is time patients at the ‘top’ of the transplant some cases legitimately, with what had to put a stake through the heart of list are very sick, and do not do as well transpired and with the HHS rule. that ill-conceived rule. with their transplants as other pa- The Institute of Medicine study came Mr. SCARBOROUGH. Mr. Chairman, up with several interesting things. This tients. Therefore, retransplants will in- do I have the right to close? crease because very sick patients are is the study I hold here. It is 200 pages. The CHAIRMAN pro tempore. The more likely to experience rejection of It is clearly well thought through and gentleman from Ohio (Mr. BROWN) has the organ, and transplant hospital well considered and well constructed the right to close. with good recommendations. This In- Mr. SCARBOROUGH. Mr. Chairman, stays will increase.’’ stitute of Medicine study was factored I yield the remaining time to the gen- Mr. Chairman, I include all of these into revised rules by HHS. The pro- tleman from Florida (Mr. BILIRAKIS). comments for the RECORD as follows:

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ADMINISTRATION REGULATION WOULD HURT ‘‘UNOS modeling of a ‘sicker patient first’ past two years by the Organ Procurement ORGAN SUPPLIES policy indicates that more organs would be and Transplantation Network (‘OPTN’) con- QUESTION POSED FOR APRIL 15, 1999 HEARING ON: wasted and fewer patients transplanted with tractor, the United Network for Organ Shar- PUTTING PATIENTS FIRST: INCREASING ORGAN poorer overall results. Unfortunately, sicker ing (‘UNOS’). This includes standardized list- SUPPLY FOR TRANSPLANTATION patients are more likely to die or lose their ing criteria for patients and changes to the The proposed HHS regulations to reallo- transplants to post operative complications. status designations for liver and heart pa- cate organs state that ‘‘the OPTN is required My experience in the private practice of tients. We believe that the current system, to develop equitable allocation policies that medicine for over 25 years, taught me early while not perfect, is designed to ensure that provide organs to those with the greatest on that I couldn’t ‘cure’ everyone; that, un- the sickest patient is offered the organ first. medical urgency, in accordance with sound fortunately, not everyone would ever have We know in our region that the vast major- medical judgment.’’ When President Clinton equal access to medical care, and one had to ity of patients receiving heart and liver signed H.R. 3579, the Supplemental Appro- learn to deal with ‘the hand you were dealt.’ transplants are transplanted at the highest priations and Rescissions Act, on May 1, 1998, It is, and always will be, an imperfect level of acuity and are the sickest patients which extended the public comment period world.’’—Robert A. Metzger, M.D., Medical in our region. We believe that further and implementation deadline for the HHS Director, Translife. changes to mandate a single national list for OPTN regulations, he issued a written state- ‘‘The ASTS has made it clear that we be- allocation, may lead to organs being wasted ment in opposition to extending the com- lieve the impact of such a ‘sickest first’ pol- and potential donors lost given the attend- ment period on the rule. In stating his rea- icy would be contrary to our goal of insuring ant medical and social issues.’’—Howard M. sons for opposing the extension, President that the precious organs presently available Nathan, President and Chief Executive Offi- Clinton stated that ‘‘The final rule would en- provide the maximum benefit to the max- cer, Coalition on Donation. sure that organs are allocated to the sickest imum number of Americans in an equitable candidates first.’’ What would be the supply- fashion. This point was made in testimony ADMINISTRATION REGULATION WOULD HARM side effects of a policy where organs were to presented at two previous Congressional LOCAL ACCESS TO TRANSPLANT SERVICES hearings by Dr. Ronald W. Busuttil, Presi- be allocated to ‘‘the sickest candidates QUESTION POSED FOR APRIL 15, 1999 HEARING ON: dent-elect of the Society and director of the first’’? PUTTING PATIENTS FIRST: INCREASING ORGAN world’s most active liver transplant center RESPONSES SUPPLY FOR TRANSPLANTATION in UCLA, and I am submitting copies of his ‘‘A ‘sickest first’ policy would increase the testimony with this response. I also include In your estimation, how would the Depart- number of re-transplants as more patients a copy of our written testimony to the Insti- ment of Health and Human Services regula- experience graft rejection, and thus reduce tute of Medicine, presented by Dr. Busuttil tions published April 2, 1998, affect your pa- the number of organs available for trans- on April 16th, which expands on these points. tients and your ability to provide the high- plantation overall. Patients would have to Unfortunately, critical care medicine and est quality of medical care for them? What become ‘sicker’ in order to receive a trans- vital organ transplantation is not an exact impact will this rule have on local access to plant, thus reducing their chance for sur- science. That is why a significant number of transplant services nationwide? vival. This would be completely counter- Status 3 liver patients, those thought to be ‘‘A national list coupled with a sickest productive and result in increased cost with the least sick, die while in that status. We first policy would make it all but impossible reduced success.’’—Dr. R. Robert Higgins, urge the Congress to leave decisions of this for my patients and in particular patients Director of Thoracic Organ Transplantation, kind in the hands of the medical profes- everywhere that are poor or minority pa- Henry Ford Hospital. sionals—who battle these life-and-death tients, to receive a transplant. From a physi- ‘‘The supply-side effects would result from issues with their patients every day—and not cian’s point of view, without available or- the increased transplant of sicker patients, permit them to be imposed by governmental gans, there is nothing I can do to help my pa- at great distance from the location of the do- authority far from the trenches where life tients over the longer term. If the rule were nation. First, costs will dramatically in- and death is played out. The simple answer in effect today, the federal government crease, because of the required private jet would essentially be denying the benefits to transportation of hearts and livers. Second, is that there are some changes that must organ transplantation to a broader number ‘warm’ time, or the time from organ procure- evolve in the distribution of life-saving or- of patients.’’—Dr. R. Robert Higgins, Direc- ment to implantation, will increase, and gans for transplantation, as they have tor of Thoracic Organ Transplantation, thereby decrease the function of the organs. evolved in the past. This can be accom- Henry Ford Hospital. This will also increase costs. The patients at plished with the help of the federal govern- ‘‘We believe that our local transplant cen- the ‘top’ of the transplant list are very sick, ment, but not with the implementation of a ter patients will be significantly and nega- and do not do as well with their transplants radically new OPTN rule which with its cur- tively impacted, as will the vast majority of as other patients. Therefore, retransplants rent inferences, language, and preamble has the country’s 120 liver transplant centers. will increase because very sick patients are resulted in soundbites such as ‘sickest pa- Donated livers will be sent from Florida to a more likely to experience rejection of the tients first.’ ’’—Joshua Miller, M.D., Presi- half dozen urban regional transplant cen- organ, and transplant hospital stays will in- dent, American Society of Transplant Sur- ters—none of which are in the southeast. Our crease. Data indicates that a new allocation geons. community will be deprived of this life-sav- scheme would substantially increase organ ‘‘This has been discussed in detail by PAT wastage. Also, in States like Florida, the Coalition. Allocation to the ‘sickest first’ on ing resource, a resource which our local citi- hard work and dramatic success of our local a national level will increase wait list mor- zens and the community have developed to- and state organ donation partnership will be talities, waste organs, increase retransplan- gether. Highly skilled doctors and nurses diluted by siphoning organs to out-of-state tation rates, disadvantage medically and will no longer perform the same number of transplant centers. We believe donor families economically disenfranchised segments of transplants. Local centers may be forced to are more likely to donate knowing that the the population by limiting access to trans- close their doors. In addition, access for low- organs will benefit their local community. plantation for indigent patients as smaller income patients may be decreased. Medicaid But we also believe that the staff responsible centers are forced to close their doors. The patients may be unable to obtain transplants for acquiring consent and arranging the lo- organs would be diverted to the most criti- outside their home state, and other patient gistics of organ donation are also motivated cally ill patients first, regardless of their lo- families may not be able to accompany their by the knowledge that patients in their com- cation. While this may sound like a fair and loved one to support them at a faraway munity are being helped by their hard work. reasonable way to allocate organs, a policy transplant center. Also, organ donation will The immediate results are apparent to ev- such as this may actually result in lost lives. be affected. Many donor families have stated eryone involved, and give them the greatest The immediate and long term survival of that a key factor in their decision to donate incentive to work at their maximum effi- liver transplant recipients is directly de- was the knowledge that they would be help- ciency.’’—John R. Campbell, P.A., J.D., Sen- pendent on their preoperative condition, ing someone within their community. Elimi- ior Vice President and General Counsel, with significant decompensation adversely nating this motivation may substantially re- LifeLink. affecting survival. Blindly applied legisla- duce voluntary organ donation nation- ‘‘We believe that less patients would re- tion may mean that a significant number of wide.’’—John R. Campbell, P.A., J.D., Senior ceive liver transplants if the OPTN were re- organs are given to people with little chance Vice President and General Counsel, quired to develop policies where organs are of survival. Organs may not become avail- LifeLink. allocated to the sickest candidates first. able for others until they too are critically ‘‘We are concerned that the April 2, 1998 Such candidates are likely to have poor out- ill with little chance of survival.’’—Amadeo regulations have politicized the organ dona- comes and require repeat transplants, thus Marcos, Assistant Professor of Surgery, Di- tion/organ allocation process since they give reducing the number of organs available for rector of the Living Donor Liver Program, the DHHS Secretary veto power over OPTN other candidates. Furthermore, NKF has Division of Transplantation, Medical College Policy. Transplantation should be based maintained that a ‘sickest first’ policy of Virginia. upon medical science, not politics. We are should not be applied to renal transplan- ‘‘We believe that the current system of pol- concerned that the rule may cause some tation because of the availability of dialysis icy development is sound. It is based on con- local transplant centers to close and that as an alternative therapy.’’—Joseph L. sensus building and medical judgement. would make it difficult for low income trans- Brand, Chairman, National Kidney Founda- Major changes to the liver and heart alloca- plant candidates to receive a transplant. tion, Office of Scientific and Public Policy. tion policies have been instituted during the Such candidates may not be able to afford to

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1721 travel to distant transplant centers for eval- the organ recovery and view the organ in the private bureaucratic organization is uation, the transplant itself and post-opera- donor patient and evaluate biopsy results the wrong way to go. The HHS rules tive care and testing.’’—Joseph L. Brand, (for livers) in order to evaluate suitability will save lives. Chairman, National Kidney Foundation, Of- for transplant generally, as well as suit- We should vote ‘‘no’’ on Scarborough. fice of Scientific and Public Policy. ability for a specific recipient.’’—Howard M. ‘‘The Health and Human Services rule that Nathan, President and Chief Executive Offi- We should vote ‘‘no’’ on final passage. would mandate ‘broader’ sharing would re- cer, Coalition on Donation. Mr. BILIRAKIS. Mr. Chairman, will sult in increased waiting times for Florida Mr. BROWN of Ohio. Mr. Chairman, I the gentleman yield? recipients as our patients currently have yield myself such time as I may Mr. BROWN of Ohio. I yield to the shorter waiting times when compared to the consume. gentleman from Florida. national averages. This could potentially Mr. BILIRAKIS. Mr. Chairman, I lead to further deterioration in their health Mr. Chairman, people have sort of prior to transplantation. Local access to heard these debates and arguments on really appreciate the gentleman yield- local organs, the optimal transplant situa- this over and over. I would just like to ing, because he knows I am going to re- tion, would occur less frequently.’’—Robert recap, not just on the Scarborough buff some of what he has said. A. Metzger, M.D., Medical Director, amendment, but sort of this whole de- Basically it is not a shifting of Translife. bate, and ask my colleagues to vote power. For 16 years, it has been UNOS, ‘‘In general the rule as currently written ‘‘no’’ on Scarborough and ‘‘no’’ on final which is contracted, set up by HHS will impact negatively upon patients nation- quite some time ago with the rights to wide. I personally work in a large transplant passage. center, one of the five largest in the world, We have heard Dr. Payne’s com- terminate those contracts and that and am proud of our record over the years. I ments, the president and head of sort of thing. also have been proud of our organ procure- UNOS, and his comments about the im- b 1545 ment agency, the University of Miami OPO. portance of these pending negotiations. This has repeatedly over the years had one of If my colleagues read what his com- So it is not a shift of power. In fact, the most enviable records nation- and world- ments said in his letter to the gen- the effort is being made to shift the wide in organ retrieval for life-saving trans- tleman from Michigan (Mr. DINGELL) power from this private agency con- plantation. This is due to our local OPO Di- tractor, from UNOS, back to the Fed- rector, Les Olson, with whom I have had the and his other comments, they can clearly see that he wants this process eral Government. That is the shift. privilege of working for 30 years, first in The gentleman from Pennsylvania Minnesota, and then for over 20 years in to go on, these negotiations to go on, South Florida. Please make no mistake. and not particularly welcoming of con- (Mr. KLINK) talked earlier about all of Organ donation is a local phenomenon de- gressional interference. a sudden. Well, all of a sudden is really pendent on the expertise of professional per- I would also add that we have in- what has taken place here. Because for sonnel. That also accounts for the great serted in the RECORD a statement from 16 years it was being done a certain records in organ retrieval of Lifelink in West the President’s advisors that they will way and, all of a sudden, HHS has de- Florida, for Translife in Central Florida, and cided to grab the power. for the University of Florida OPOs. How recommend a veto on this legislation if, in fact, anything close to its present I appreciate the gentleman yielding. could those who drafted the OPTN rule not Mr. BROWN of Ohio. Mr. Chairman, acknowledge this? Some of the language in form reaches the President’s desk. the OPTN rule also will have a negative im- We have also received a letter from reclaiming my time and in closing, I pact on local access to service. I can expand the Justice Department reiterating would reiterate that there is no place on this, but I refer you to comments already that they strongly believe that this is in our entire government where the made by our ASTS (enclosed). It is also unconstitutional; and if for some rea- government has abdicated its responsi- worth noting that the vast majority of the son, which they do not think would bility and given this kind of authority, written comments on the rule, collected by happen, it is not declared unconstitu- this kind of power, with so little gov- DHHS and not yet described by the Depart- tional, their belief is it shifts power in ernment oversight to a bureaucratic ment, are understood to have been nega- organization that is not really active.’’—Joshua Miller, M.D., President, some sort of the wrong way from the American Society of Transplant Surgeons, Government to a private sector, pri- countable to the public. University of Miami School of Medicine. vate interest group that does not really That is why most of us on this side of ‘‘The portion of the April HHS rule which have any public accountability. the aisle ask for a ‘‘no’’ vote on the would create a national wait list will se- Equally as important, Mr. Chairman, Scarborough amendment and a ‘‘no’’ verely limit access to transplantation for the the main argument that the pro- vote on final passage. indigent population by forcing small and ponents of this bill have made, the pro- The CHAIRMAN pro tempore (Mr. moderately sized centers to close their doors. HOBSON). All time has expired. This concept is designed to support only a ponents of the Scarborough amend- select few very large transplant centers, ment, is that this process, by turning The question is on the amendment which would regionalize access to transplan- over authority to UNOS, that this offered by the gentleman from Florida tation to only a few places in the entire process will actually increase the num- (Mr. SCARBOROUGH). country. It is obvious that moderately sized ber of donations, organ donations, The amendment was agreed to. centers, such as our own, not only can pro- which is the goal we all aim for. The CHAIRMAN pro tempore. The vide high quality transplant patient services, I would cite from the Institute of question is on the committee amend- but also provide the innovative driving force Medicine on page 10: ‘‘The committee ment in the nature of a substitute, as required to develop something like a ‘living believes strongly that the effectiveness amended. donor adult-to-adult right lobe’ liver trans- The committee amendment in the plant program, etc.’’—Amadeo Marcos, As- and productivity of organ procurement sistant Professor of Surgery, Director of the is highly dependent on good working nature of a substitute, as amended, was Living Donor Liver Program, Division of relationships at the local level.’’ That agreed to. Transplantation, Medical College of Vir- is clearly what we need to do. But they The CHAIRMAN pro tempore. Under ginia. go on in spite of what we have heard the rule, the Committee rises. ‘‘Mandating a national allocation system from the other side to say: ‘‘However, Accordingly, the Committee rose; for all organs is likely to spur growth at a our committee finds no evidence that and the Speaker pro tempore (Mr. few large centers in the country but may im- CHABOT) having assumed the chair, Mr. pact the viability of smaller programs. This broader organ-sharing arrangements may have the effect of reducing or inhibiting will lead to reduced rates of donation.’’ HOBSON, Chairman pro tempore of the access to services by those recipients and That if organs go farther across the Committee of the Whole House on the their families who are not able to travel to country, it simply does not affect peo- State of the Union, reported that that large centers due to economic and other bar- ple’s proclivity to donate organs. What Committee, having had under consider- riers. Additionally, mandating a national al- makes people want to donate organs is ation the bill (H.R. 2418) to amend the location system of organs will eliminate the that they believe it will save lives. Public Health Service Act to revise and concept of local neighbor helping neighbor. The Institute of Medicine supports extend programs relating to organ pro- Complete elimination of the concept of the role of HHS. The Institute of Medi- curement and transplantation, pursu- neighbor helping neighbor may adversely impact donation. Finally, a national allocation cine study here is included in the HHS ant to House Resolution 454, he re- system disregards differences in medical rules. Shifting power from representa- ported the bill back to the House with judgment and opinion. It also disregards the tives of the people, from elected and an amendment adopted by the Com- practices of transplant surgeon who perform appointed government officials to a mittee of the Whole.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1722 CONGRESSIONAL RECORD — HOUSE April 4, 2000 The SPEAKER pro tempore. Under McGovern Radanovich Souder b 1614 the rule, the previous question is or- McHugh Ramstad Spence McInnis Regula Spratt Messrs. OWENS, DOOLEY of Cali- dered. McIntosh Reyes Stearns fornia, PORTER, HINCHEY, and Mr. Is a separate vote demanded on any McKeon Reynolds Stump DELAHUNT changed their vote from amendment to the committee amend- McKinney Riley Sununu ‘‘yea’’ to ‘‘nay.’’ ment in the nature of a substitute McNulty Rivers Sweeney Meek (FL) Rodriguez Talent Messrs. SHAYS, GILMAN, Mrs. adopted by the Committee of the Menendez Rogan Tancredo MEEK of Florida, Ms. KILPATRICK, Whole? If not, the question is on the Metcalf Rogers Tanner Mr. INSLEE, and Mr. MATSUI changed amendment. Mica Rohrabacher Tauzin their vote from ‘‘nay’’ to ‘‘yea.’’ The amendment was agreed to. Miller (FL) Ros-Lehtinen Taylor (MS) So the bill was passed. The SPEAKER pro tempore. The Miller, Gary Rothman Taylor (NC) Mink Roukema Thomas The result of the vote was announced question is on the engrossment and Moore Royce Thompson (MS) as above recorded. third reading of the bill. Moran (KS) Ryan (WI) Thornberry A motion to reconsider was laid on The bill was ordered to be engrossed Moran (VA) Ryun (KS) Thune the table. and read a third time, and was read the Nethercutt Salmon Thurman third time. Ney Sandlin Tiahrt f Northup Sanford Traficant The SPEAKER pro tempore. The Norwood Saxton Turner b 1615 question is on the passage of the bill. Nussle Scarborough Udall (NM) The question was taken; and the Obey Schaffer Upton Ortiz Scott Vitter AUTHORIZING THE CLERK TO Speaker pro tempore announced that MAKE CORRECTIONS IN THE EN- the ayes appeared to have it. Ose Sensenbrenner Walden Oxley Shadegg Walsh GROSSMENT OF H.R. 2418, ORGAN Mr. BROWN of Ohio. Mr. Speaker, I Packard Shaw Wamp PROCUREMENT AND TRANS- object to the vote on the ground that a Pallone Shays Watkins PLANTATION NETWORK AMEND- Pascrell Shows Watts (OK) quorum is not present and make the MENTS OF 1999 point of order that a quorum is not Pastor Simpson Weldon (FL) Pease Sisisky Wexler present. Mr. BLILEY. Mr. Speaker, I ask Petri Skeen Whitfield unanimous consent that in the engross- The SPEAKER pro tempore. Evi- Pickering Skelton Wicker dently a quorum is not present. Pickett Smith (MI) Wilson ment of the bill, H.R. 2418, the Clerk be The Sergeant at Arms will notify ab- Pitts Smith (NJ) Wolf authorized to correct section numbers, sent Members. Pombo Smith (TX) Wu punctuation, and cross references and Portman Smith (WA) Young (AK) to make such other technical and con- The vote was taken by electronic de- Pryce (OH) Snyder Young (FL) vice, and there were—yeas 275, nays forming changes as may be necessary 147, not voting 12, as follows: NAYS—147 to reflect the actions of the House. The SPEAKER pro tempore (Mr. [Roll No. 101] Ackerman Gutierrez Payne HOBSON). Is there objection to the re- YEAS—275 Baca Hall (OH) Pelosi Barrett (NE) Hansen Peterson (MN) quest of the gentleman from Virginia? Abercrombie Cubin Hilleary Bartlett Hastings (FL) Peterson (PA) There was no objection. Aderholt Cunningham Hilliard Becerra Hinchey Phelps Allen Danner Hinojosa Bereuter Hoeffel Pomeroy f Andrews Davis (FL) Hobson Berman Holden Porter Archer Davis (VA) Hoekstra Biggert Hoyer Price (NC) Armey Deal Holt GENERAL LEAVE Blagojevich Hyde Rahall Bachus DeFazio Hooley Boehlert Jackson (IL) Rangel Mr. BLILEY. Mr. Speaker, I ask Baird DeGette Horn Bonior Jones (OH) Roemer unanimous consent that all Members Baker DeLay Hostettler Borski Kanjorski Roybal-Allard Baldacci DeMint Houghton Boucher Kennedy may have 5 legislative days within Rush Baldwin Deutsch Hulshof Brown (FL) Kildee which to revise and extend their re- Sabo Ballenger Dickey Hunter Brown (OH) King (NY) marks and to insert extraneous mate- Barcia Dicks Hutchinson Capps Klink Sanchez Barr Doolittle Inslee Capuano Kucinich Sanders rial on the bill, H.R. 2418. Barrett (WI) Dreier Isakson Cardin LaHood Sawyer The CHAIRMAN pro tempore. Is Barton Duncan Istook Carson Lantos Schakowsky there objection to the request of the Bass Dunn Jackson-Lee Castle Larson Serrano gentleman from Virginia? Bateman Edwards (TX) Clay Lee Sessions Bentsen Ehlers Jefferson Clayton Levin Sherman There was no objection. Berkley Emerson Jenkins Condit Lipinski Sherwood Berry Everett John Conyers Lofgren Shimkus f Bilbray Ewing Johnson (CT) Costello Lowey Slaughter Bilirakis Fletcher Johnson, E.B. Coyne Luther Stabenow REPORT ON RESOLUTION PRO- Bishop Foley Johnson, Sam Crowley Maloney (CT) Stark VIDING FOR CONSIDERATION OF Bliley Ford Jones (NC) Cummings Maloney (NY) Stenholm Blumenauer Fossella Kaptur H.R. 3660, PARTIAL-BIRTH ABOR- Davis (IL) Markey Strickland Blunt Fowler Kasich Delahunt Mascara Stupak TION BAN ACT OF 2000 Boehner Franks (NJ) Kelly DeLauro McCarthy (MO) Tauscher Mr. LINDER, from the Committee on Bonilla Frelinghuysen Kilpatrick Dingell McCarthy (NY) Bono Frost Kind (WI) Terry Rules, submitted a privileged report Dixon McIntyre Thompson (CA) Boswell Gallegly Kingston Doggett Meehan (Rept. No. 106–559) on the resolution (H. Boyd Ganske Kleczka Tierney Dooley Meeks (NY) Toomey Res. 457) providing for consideration of Brady (TX) Gephardt Knollenberg Doyle Millender- Towns Bryant Gibbons Kolbe Ehrlich McDonald the bill (H.R. 3660) to amend title 18, Udall (CO) Burr Gillmor Kuykendall Engel Miller, George United States Code, to ban partial- Velazquez Burton Gilman LaFalce English Minge birth abortions, which was referred to Buyer Gonzalez Lampson Visclosky Eshoo Moakley the House Calendar and ordered to be Callahan Goode Largent Etheridge Mollohan Waters Calvert Goodlatte Latham Evans Morella Watt (NC) printed. Camp Gordon LaTourette Farr Murtha Waxman Canady Goss Lazio Filner Nadler Weiner f Cannon Graham Leach Forbes Napolitano Weldon (PA) Chabot Granger Lewis (CA) Frank (MA) Neal Weller REMOVAL OF NAME OF MEMBER Chambliss Green (TX) Lewis (GA) Gejdenson Oberstar Weygand AS COSPONSOR OF H.R. 1824 Chenoweth-Hage Green (WI) Lewis (KY) Gekas Olver Wise Clement Gutknecht Linder Gilchrest Owens Woolsey Mr. MASCARA. Mr. Speaker, I ask Clyburn Hall (TX) LoBiondo Goodling Paul Wynn Coble Hastings (WA) Lucas (KY) unanimous consent to have my name removed as a cosponsor on H.R. 1824. Coburn Hayes Lucas (OK) NOT VOTING—12 Collins Hayworth Manzullo The SPEAKER pro tempore. Is there Combest Hefley Matsui Brady (PA) Diaz-Balart Myrick objection to the request of the gen- Cooksey Herger McCollum Campbell Fattah Quinn Cox Hill (IN) McCrery Cook Greenwood Shuster tleman from Pennsylvania? Cramer Hill (MT) McDermott Crane Martinez Vento There was no objection.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1723 MESSAGE FROM THE PRESIDENT curity apparatus says the State De- quent act of repudiating Castro gave A message in writing from the Presi- partment report published in February her life to bring her son to freedom. dent of the United States was commu- 1999. A new report is due out in a few These are things I think the Amer- nicated to the House by Mr. Sherman weeks. ican people ought to think about before Williams, one of his secretaries. Castro says the report uses agents of they make judgment about whether or the Ministry of the Interior to inves- not this boy should be sent back to a f tigate and suppress all public dissent. Communist prison in Cuba. REPORT OF THE CORPORATION The agents recruit informers through- f FOR PUBLIC BROADCASTING— out Cuban society to create a pervasive The SPEAKER pro tempore (Mr. MESSAGE FROM THE PRESIDENT system of vigilance. Jailed dissidents HOBSON). Under a previous order of the OF THE UNITED STATES face a prison system designed to ter- House, the gentlewoman from Ohio rorize. Prison guards and state security The SPEAKER pro tempore laid be- (Ms. KAPTUR) is recognized for 5 min- officials says the State Department fore the House the following message utes. also subjected activists to threats of from the President of the United (Ms. KAPTUR addressed the House. physical violence, systematic psycho- States; which was read and, together Her remarks will appear hereafter in logical intimidation and with deten- with the accompanying papers, without the Extensions of Remarks.) tion or imprisonment in cells with objection, referred to the Committee common and violent criminals, aggres- f on Commerce: sive homosexuals or state security The SPEAKER pro tempore. Under a To the Congress of the United States: agents posing as prisoners. previous order of the House, the gen- As required by section 19(3) of the The report also cites widespread tu- tleman from Georgia (Mr. NORWOOD) is Public Telecommunications Act of 1992 berculosis, hepatitis, parasitic infec- recognized for 5 minutes. (Public Law 102–356), I transmit here- tions and malnutrition in Castro’s pris- Mr. NORWOOD addressed the House. with the report of the Corporation for ons. Prison officials, it says, regularly His remarks will appear hereafter in Public Broadcasting. confiscate food or medicine brought to the Extensions of Remarks.) WILLIAM J. CLINTON. political prisoners by their relatives. f THE WHITE HOUSE, April 4, 2000. Short of imprisonment, Cuban dis- TRIBUTE TO THE LATE SENATOR f sidents are frequently targeted for sys- MAURINE NEUBERGER SPECIAL ORDERS tematic harassment campaigns or acts of repudiation. Castro routinely The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under conscripts children, get this, conscripts previous order of the House, the gentle- the Speaker’s announced policy of Jan- children to participate in these cam- woman from Wisconsin (Ms. BALDWIN) uary 6, 1999, and under a previous order paigns in which neighbors, fellow work- is recognized for 5 minutes. of the House, the following Members ers and members of state-controlled or- Ms. BALDWIN. Mr. Speaker, I rise will be recognized for 5 minutes each. ganizations are corralled in front of a today to pay tribute to a former mem- f target’s house. Once in place, they are ber of the other body who passed away coached to yell obscenities, damage in February, former Senator Maurine STATE DEPARTMENT HAS CER- Neuberger. My interest in Senator TIFIED CUBA AS CHILD-ABUSER property, and even physically attack the target. Neuberger stems not only from her The SPEAKER pro tempore. Under a In 1998, for example, Castro targeted achievements as a legislator but also previous order of the House, the gen- the family of a journalist whom he or- because we share a family connection, tleman from Indiana (Mr. BURTON) is dered arrested for allegedly insulting albeit somewhat distant. Senator recognized for 5 minutes. him. Communist Party leaders and Neuberger was my great uncle’s sister- Mr. BURTON of Indiana. Mr. Speak- government officials conscripted local in-law. er, I would like to refer to an article workers and grade school students and Maurine Neuberger served one term that was in Human Events on February high school students to rally in front of in the U.S. Senate from 1961 to 1967, 18 of this year entitled ‘‘State Depart- the family’s home and shout obsceni- one of the most significant periods in ment has Certified Cuba as a Child- ties at the occupants before plain- our Nation’s history. She was known as abuser’’ country. And the article reads clothes security agents bashed down an outspoken advocate for consumers, as follows, ‘‘the Clinton State Depart- the door and beat family members. candid and brutally honest in her ment’s most recent annual human Cuban youths are also forced to pro- views, and unafraid to take on even the rights report describes Fidel Castro’s vide labor to the state. The govern- most entrenched interests. The author Cuba as a vicious police state where ment employs forced labor, including of a 1961 Saturday Evening Post article children in particular are targeted for that by children reports the State De- described her as, quote, a woman of abuse by the government, but that, ap- partment. independent spirit who feels it is more parently, means nothing to the Immi- All students over age 11 are expected important to be herself than to bow to gration and Naturalization Service, an to devote 30 to 45 hours of their sum- the demands of conformity. agency of Attorney General Janet mer vacation to farm work, laboring up Maurine Neuberger was born in 1907 Reno’s Justice Department, which re- to 8 hours per day. in Cloverdale, Oregon. The daughter of mains determined to deny even an ini- These are among the reasons that the a doctor and dairy farmer, she became tial political asylum hearing to a 6- U.S. Cuban Reconstruction Act has a teacher in the Portland school dis- year-old Elian Gonzalez, the Cuban boy held that Cuban refugees reaching U.S. trict. It was there that she met her who arrived in Florida on Thanks- soil should presumptively be consid- husband and future political partner, giving Day clinging desperately to an ered political refugees who face a Richard Neuberger. Dick Neuberger inner tube. ‘‘well-founded fear of persecution’’ was already making a name for himself An INS spokesman told Human back in Cuba. as a journalist and a legislator, and Events last week that the agency will Janet Reno has short-circuited this after serving in World War II as a cap- not alter its position because of infor- law by claiming that only Elian’s fa- tain, he ran for and was elected to the mation in the State Department re- ther has the standing to apply for asy- Oregon Senate. When the couple was port. The INS has determined, said lum on Elian’s behalf in the United returning from an East Coast trip a spokesman Maria Cardona, that the States. If the State Department is year later, Dick mentioned that the true will of the boy’s father is that he right, of course, for Elian’s father to State House seat in their area was be returned. Is it impossible, she asked apply could lead, at a minimum, to an opening up and Maurine said, ‘‘I wish rhetorically, that a little boy could ‘‘act of repudiation’’ in front of his I’d known that. I would have run for grow up in a loving family in Cuba? home. it.’’ Dick took the offhand comment President Castro exercises control If returned to Cuba as Janet Reno very seriously and after a long con- over all aspects of Cuban life through wishes, Elian also would have to repu- versation over a few hundred miles of the Communist Party and the state se- diate his mother, who in her own elo- road, the couple pulled over and they

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1724 CONGRESSIONAL RECORD — HOUSE April 4, 2000 called a friend back in Oregon who ary of 1961 she was sworn in as the commissions for Presidents Johnson filed the necessary papers to make third woman in U.S. history elected in and Carter. Friends say she remained Maurine Neuberger a candidate for the her own right to serve in the United interested in politics and lived an ac- Oregon legislature. States Senate. tive life up until 2 months before her Maurine won that House seat, mak- b 1630 death at age 93. Senator RON WYDEN ing the Neubergers the first husband said he talked to former Senator and wife team in U.S. history to serve In an early interview as Senator- Neuberger after he had cross-examined in the State legislature at the same elect, she demonstrated her forward- tobacco executives with tough ques- time. They were both progressive lib- thinking values, favoring medical cov- tions before a congressional panel, and erals of the day, fighting for con- erage for senior citizens, Federal aid she told him, ‘‘Stay after them.’’ sumers, the environment, and civil for more teachers and classroom con- Maureen became well known in Port- rights. Maurine never stayed in her struction, pollution controls for auto- land circles, not just for her political husband’s shadow and even got more mobiles, and a strong civil rights bill. acumen and her bridge-playing, but as votes than him when they ran for re- In her 6 years as Senator, she fought an avid gardener. In fact, she became election in 1952. for environmental protections, chal- so well known for her green thumb Maurine championed many causes as lenged the meat industry for adding that a rose was named after her, a min- a State legislator but became known as water to hams, and took the bedding iature rose called the ‘‘Maureen the champion of the housewife for one manufacturing industry to task for Neuberger.’’ The American Rose Soci- cause in particular, overturning a ban selling flammable blankets. But she ety describes it as ‘‘red, a reliable on food coloring in margarine. This will probably be best known for her bloomer.’’ may sound like a frivolous cause to early and outspoken opposition to the The seeds that this reliable bloomer take up in these days, but to a woman tobacco industry. planted in Congress have taken many in the 1950s, this was no silly battle. Mr. Speaker, 1963 was a time when forms in the 34 years since she served The Oregon dairy industry had lobbied the dangers of tobacco were just be- here, in stronger civil rights laws, pro- for a ban on yellow food coloring in coming clear. The industry, the Gov- tections for consumers, and honest rec- margarine. This required housewives to ernment and even the medical profes- ognition about the dangers of smoking. add the coloring themselves to improve sion fought controls against its sale. I am honored to share a family connec- the look of the whitish margarine for Senator Neuberger fought these inter- tion to this remarkable woman and the dinner table. This was a hard and ests in every arena and even wrote a public servant, and I applaud the spirit cumbersome task and virtually un- book on the topic, Smoke Screen: To- that she brought to this Congress and known to the all-male Oregon House. bacco and the Public Welfare. She said to her life. in the text, ‘‘I have undertaken to So in 1951, she walked into a crowded f Agriculture Committee hearing room, write this book because I believe that donned an apron and proceeded to dem- the moral and intellectual poverty that DECREASING OUR DEPENDENCE onstrate the difficult process of adding has characterized our approach to the ON FOREIGN OIL a pellet of food coloring to a pound of smoking problem must no longer be The SPEAKER pro tempore (Mr. margarine. The act made the statewide shrouded in the press-agentry of the to- HOBSON). Under a previous order of the papers and the ban on food coloring bacco industry, nor the fancy of bu- House, the gentleman from Washington was soon repealed. reaucratic footwork of government (Mr. METCALF) is recognized for 5 min- When her husband, Dick Neuberger, agencies charged with the responsibil- utes. was elected to the U.S. Senate in 1960, ities of guarding our Nation’s health.’’ Mr. METCALF. Mr. Speaker, before Maurine came to Washington not just She called for major legislation to 1995, the United States banned the ex- as a spouse but as a political adviser combat what she considered a national port of oil produced on Alaska’s North and aide. She often attended hearings health risk. Her program included an Slope, feeling we should supply our on her husband’s behalf during ab- education program to convince chil- own national needs first. In 1995, Con- sences and advised him on pending leg- dren not to take up smoking, expanded gress, with the full support of the cur- islation. But even as a senatorial research into making cigarettes safer, rent administration, voted to change spouse Maurine could not hide from the reform and curtailment of cigarette ad- the law and allow companies to export limelight. vertising, and warning labels on ciga- North Slope oil. At the time, I believed She created a mini-scandal in 1953 rette packages. that lifting the ban was a bad mistake, when she participated in a charity As an early advocate for a common that it would raise gasoline prices on modeling show with other Senate sense approach to tobacco policy, she the West Coast, and I said so on this wives, wearing a bathing suit. As it was would persuasively lobby her smoking floor. Now, with regular gasoline cost- described in the articles of the day, colleagues of the Senate, often describing over $2 per gallon in some places on ‘‘the somewhat leggy picture’’ caused a ing in vivid detail the results of the the West Coast, I have unfortunately stir back home in Oregon. Maurine latest medical study on the hazards of been proven correct. found the incident amusing, brushing tobacco. Refineries on the West Coast depend off criticism by saying, ‘‘Well, what do Maurine Neuberger decided not to on North Slope oil for much of their people think Senators’ wives wear run for reelection, dissuaded by the production. A single company, British when they go swimming?’’ amount of money she said she would Petroleum, controls an overwhelming Dick Neuberger’s death in 1960 on the have to raise to win the seat, a lesson share of the oil. In a recent complaint, eve of the election’s filing deadline that even this Congress could well con- the Federal Trade Commission alleges came as a shock to both his wife and sider as we ask ourselves, how many that British Petroleum manipulates oil the State. Maurine was urged to run other great Americans turn down the prices on the West Coast by exporting for the seat by columnists, State poli- responsibility of public office because to Asia at lower prices than it could ticians, and even her husband’s col- of the demands of our current cam- get for the same product from West leagues in the Senate. Minnesota Sen- paign finance system. Coast refineries. ator Hubert Humphrey, in an appeal After remarrying and leaving the When the ban on North Slope oil ex- for her to run for the seat, sent a tele- Senate, citizen Maurine Neuberger ports was lifted, Americans were told gram saying, ‘‘I cannot imagine the went back to the classroom. She that the action would benefit the oil Senate of the United States without a taught at Boston University and Rad- industry and the American consumer. Neuberger in it.’’ She decided to put cliffe College. Then she became an op- However, they did not say how it might her grief aside and filed the necessary ponent of the Vietnam War and sup- help the American consumer. North papers within hours of the deadline. ported Robert Kennedy in his 1968 pres- Slope oil exports has only benefited Maurine Neuberger easily beat the idential race. one company, British Petroleum, and ‘‘caretaker’’ replacement who had been Eventually, she moved back home to have contributed to the tremendous appointed by the governor to fill out Portland, Oregon, but stayed active in fuel price increases experienced by the term of her husband and in Janu- public affairs, serving on presidential West Coast consumers.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1725 Mr. Speaker, I have introduced H.R. REAUTHORIZATION OF THE Youth, speaks to the effects on chil- 4017, which would reinstate the ban on VIOLENCE AGAINST WOMEN ACT dren of witnessing and experiencing do- North Slope oil exports. I believe we The SPEAKER pro tempore. Under a mestic violence. Between 20 and 40 per- should not export any oil when the U.S. previous order of the House, the gentle- cent of chronically violent children must import oil for our own Nation’s woman from New York (Mrs. KELLY) is have witnessed extreme parental con- use. I hope that those of my colleagues recognized for 5 minutes. flict. One study has found that boys who are interested in lowering fuel Mrs. KELLY. Mr. Speaker, in the 5 who witness their fathers batter their prices, ending discriminatory pricing, years I have served in the House of mothers have a 1,000 percent higher and decreasing our dependence on for- Representatives and thinking back on battering rate themselves than those eign oil will join me in cosponsoring all of the public meetings I have held, who did not. this important legislation. I can think of few that are as poignant In order to try to address these prob- as the one I held yesterday concerning lems and end the cycle of violence, the f the reauthorization of the Violence READY Act creates a grant program Against Women Act. for multilevel interventions to create a HONORING SENATOR MAURINE Years ago I witnessed firsthand the more supportive, cooperative system in NEUBERGER mental and physical damage caused by communities. Another gives grants for domestic violence and sexual assault. age-appropriate curriculum developed The SPEAKER pro tempore. Under a As a patient advocate and rape coun- in coordination with community agen- previous order of the House, the gen- selor, I was on the front lines in emer- cies and schools to teach children tleman from Oregon (Mr. WU) is recog- gency rooms when victims were about how to deal with violence. nized for 5 minutes. brought into the hospitals for treat- Through encouraging partnerships Mr. WU. Mr. Speaker, it is a pleasure ment. Unfortunately, though, for between entities like the courts, for me to follow the gentlewoman from many, domestic violence was a dirty schools, physical and mental health Wisconsin (Ms. BALDWIN) and to pre- little secret with which they lived. care providers, child protective serv- cede the gentlewoman from Oregon Fear of their abusers, fear for their ices and battered women’s programs, (Ms. HOOLEY) in honoring former Sen- children and families, a lack of self-es- we can build upon the existing services ator Maureen Neuberger, an accom- teem, as well as fear that no one in au- to develop programs to specifically ad- plished Oregonian and a true trail blaz- thority could offer guaranteed safety dress the special needs of children in er. and security, kept them from speaking domestic violence situations. Senator Neuberger made her mark out. In addition, the READY Act creates a nationally when her husband, Dick In 1994, Congress addressed this prob- grant program for safe havens, for visi- Neuberger, died and she beat five oppo- lem head on through the creation of tation and visitation exchange. Sadly, nents to fill the vacant Senate seat. the Violence Against Women Act children are often used as pawns in However, she was already familiar to known by the acronym VAWA. This these situations; and, therefore, visita- Oregonians as a State legislator, party landmark legislation was the first time tion exchange is one of the most dan- organizer, and as a teacher. the specific needs of victims of violence gerous times for battered women. Su- Senator Neuberger was a trail blazer were directly addressed by the Federal pervised visitation programs would because she was not only the third Government. Yesterday, I brought to- greatly enhance the safety of both the woman elected to the other body, but gether advocates, law enforcement offi- mother and the child and help ease the also because she championed many of cials, and those who work with vic- potentially volatile situation. the same issues which continue to be- tims’ services, to discuss the reauthor- Mr. Speaker, as we look to reauthor- devil us today, like education and ization of the Violence Against Women ize the Violence Against Women Act, I health care reform. She sponsored one Act. In addition, I asked New York hope we will be able to recognize the of the first bills to mandate health State Senator Vincent Leibell, Putnam need to expand the programs under it, warning labels on cigarettes, a measure County District Attorney Kevin to include the important measures. which is commonplace today. Senator Wright, and Westchester County Dep- Some of these successes of the Violence Neuberger is an inspiration to women, uty District Attorney MaryEllen Against Women Act include the Mount to Oregonians, and to all Americans. Martirano to join us so the group could Kisco New York Police Department’s benefit from the exchange of ideas On a more personal note, Senator implementation of a bilingual domestic from their experiences as well. Also the Neuberger came to a function in sup- violence hotline, as well as their imple- mayor of Mount Kisco, New York, Pat port of me early during my campaign, mentation of a primary aggressor Riley, was with us, so we had all levels and I was deeply honored that she was checklist for responding officers when of government. arriving at the scene of a domestic dis- there. Quite frankly, I was a little bit The fight against domestic violence mystified because she has such a large pute. VAWA funds have been used by cannot be won alone. It is only through the New York district attorney’s office presence in the State, and I was such a the cooperative effort of Federal, State dark horse candidate. It was just a sign to hire seven additional staff people to and local people that we can assist vic- address the special prosecutions divi- of her genuine interest in public affairs tims of violence so that we can begin in Oregon that she came that day to sion. to end the cycle of violence. Yesterday, Thanks to VAWA grants, the Pace that event, and she came with her we began that effort. great friend, Bud Forrester, also a gen- University Women’s Justice Center has Mr. Speaker, there is violence in one been able to institute a program train- tleman who had been very active in our out of every four American homes. One community for many, many decades. ing public safety workers about sexual of the most alarming things I found assault and public service announce- She and Mr. Forrester passed away while working in New York’s emer- ments about the full faith and credit on the same day very recently; and in gency rooms was that many women are provisions included in the VAWA Act. passing away, these two great public sometimes unable to receive treat- Other VAWA grants have provided servants on the same day, they are, in ment. Services were not available in victims’ agencies like the Northern essence, an Oregon version of the Jef- many areas. Today, however, thanks to Westchester Shelter, legal service as- ferson and Adams story where two the Violence Against Women Act, serv- sistance, which otherwise their clients great Americans died on the same day, ices have become more common; yet would have to do without. Beyond for- the 4th of July, over 150 years ago. without reauthorization of this critical mal legal assistance, the Violence Mr. Speaker, Senator Neuberger will legislation, these shelters will have to Against Women Act enables trained be greatly, greatly missed by me, by shut down. volunteers to act as legal advocates. Oregonians, and by all Americans; but Another topic we discussed during her devotion to civil service and her this meeting was legislation I intro- b 1645 strength and determination will be reduced last fall, the READY Act. This My Sister’s Place in White Plains membered in Oregon and around the bill, entitled Reducing the Effects of used grants to train volunteers who country for years to come. Abuse and Domestic Violence on will accompany women to court when

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1726 CONGRESSIONAL RECORD — HOUSE April 4, 2000 an attorney’s presence is not essential. Since follow up calls are made in almost of acts such as the VAWA and READY Act Mr. Speaker, these programs are just a all reported domestic incidents, the domestic that we may continue to make advances in sample of the good, solid programs of violence office and hotline allow officers to this area. I appreciate the opportunity to provide the Violence Against Women Act. make such calls to victims without interrup- tion. this information, and hope it will assist you. We stand at a crossroads. Great work Hotline Brochure: To provide public aware- Sincerely, is being done with VAWA money. How- ness of the domestic violence hotline the De- SGT. GLORIA M. BUCCINO. ever, without our continued commit- partment published a brochure in English ment here in this House to these pro- and Spanish. Not only does it contain impor- I am Maryellen Martirano, Second Deputy grams, all of this work will come to an tant phone listings but provides valuable in- District Attorney for the Westchester Coun- end. formation to victims. ty District Attorney’s Office and Chief of the Special Prosecutions Division. I am proud I include for the RECORD the state- Advanced training for bilingual police offi- and honored to be here to represent D.A. ments of those who were able to join cers: In order to meet the needs of Mount Kisco’s growing Hispanic population, the De- Jeanine Pirro. I have been a prosecutor for 20 me yesterday to discuss this important partment has provided advanced domestic vi- years and I have been prosecuting Domestic issue. olence training to five bilingual police offi- Violence and Child Abuse cases for 17 of The statements referred to are as fol- cers that act as first responders when a do- those years. And I can tell you, I’ve seen lows: mestic incident is reported. To ensure avail- many, many, changes throughout the years— RICHARD A. FLYNN POLICE HEAD- ability for calls one officer is assigned to all for the good. QUARTERS, VILLAGE/TOWN OF each patrol squad. In addition to completing D.A. Pirro has been an innovator in the MOUNT KISCO, POLICE DEPART- the domestic incident report and other nec- field of Domestic Violence. She started the MENT, essary paperwork, these officers are each as- model for prosecution of domestic violence Westchester County, NY, March 31, 2000. signed a Polaroid camera and will photo- cases in 1978 and that same model is used Congresswoman SUE W. KELLY, graph and record any injuries, property dam- today and helps thousands of women every 19th District, New York, Mount Kisco, NY. age or other evidence crucial to the case. year. When DA Pirro started the Domestic Thank you for your invitation to attend Two Day Seminar: In November of 1997, the Violence Unit back in 1978, there was one the public forum on domestic violence to be Department hosted a two-day domestic vio- lawyer—Jeanine—two Domestic Violence held on April 3rd, 2000 in Mount Kisco. The lence seminar which was attended by over workers and one secretary. Today, we have following information regarding the Mount 140 professionals who deal in domestic vio- 26 people and are about to add 2 more. We are Kisco Police Department’s advances in ad- lence issues. This was well received and we eleven, soon to be twelve attorneys, seven dressing domestic violence issues is provided hope to provide another such seminar in the DV workers; two Criminal Investigators, a to assist you and your colleagues in your de- near future. Child Abuse Coordinator and several support cision to reauthorize the Violence Against staff. Obviously the caseload has vastly in- FUTURE GOALS Women Act, and hopefully, to pass the creased in the domestic violence area and we READY Act. Intensify Domestic Violence Training: Pro- have also greatly expanded the categories we viding frequent and structured domestic vio- BACKGROUND deal with in the Special Prosecutions Divi- lence training to all Mount Kisco Police offi- sion. The Division has three bureaus: the Do- Domestic violence is an extremely impor- cers will improve efficiency in responding to mestic Violence and Special Crimes Bureau, tant subject to the administration and offi- and documenting domestic violence inci- the Child Abuse Bureau and the Sex Crimes cers of the Mount Kisco Police Department. dents. This will ensure that all reports are and Elder Abuse Bureau. In addition to do- The Department was fortunate to receive a properly completed and that victims are pro- mestic violence, child abuse, sex crimes and Domestic Violence grant in 1996. This was a vided with the proper referrals. elder abuse, we handle stalking cases. We do direct result of the police department’s ag- Assistance with Grant Writing: In the re- vertical prosecution of all felony cases, i.e., gressive posture in dealing with domestic vi- cent past the Department has not been able we handle all felony cases from investigation olence issues. to research and take advantage of available through trial and we monitor the lower level ACCOMPLISHMENTS grants. This is due in large part to a decrease crimes from their inception as well. To give As a result of the grant the Mount Kisco in staffing do to attrition. Qualified assist- you an idea of the volume we handle, there Police Department has accomplished the fol- ance and advice in the grant process is need- were nearly 2100 criminal charges filed in lowing: ed. Westchester County in 1999 in the domestic Aggressive Domestic Violence Policy: The Partnerships in Teen Violence Prevention: violence area alone. Mount Kisco Police Department was among The Department has already worked with In addition, we investigated 850 child abuse the first to develop and put into place a local school administrators and other orga- cases in 1999 and charges were filed in more stringent policy on domestic violence. The nizations, such as the Junior League of than 400 child abuse cases. In the sex crime policy is reviewed on a regular basis in order Northern Westchester. We wish to expand area the investigations numbered 89 and 128 to be current as the new laws are enacted. our proactive approach in addressing stu- charges were filed; in the elder abuse area, 74 The Department also generated a ‘‘Pri- dents on the issues of teen violence. charges were filed and 30 investigations were mary Aggressor Checklist’’ which assists re- Aiding Children Affected by Violence in conducted. Therefore, more than 3,000 cases sponding officers in gathering facts and iden- their Homes: In working together with our were handled by the Special Prosecutions Di- tifying and arresting a perpetrator of domes- Youth Bureau and other agencies, we can ad- vision staff in 1999 alone. tic violence. The form becomes a permanent dress the needs of children who have been I must say that much of our expansion in part of the domestic violence case file and traumatized while witnessing domestic vio- staff and services is a direct result of funds provides valuable information to officers lence incidents in the home. We see this as a generated by the Violence Against Women making follow up contacts. most important issue since many children Act. Not only have VAWA monies enabled us Coordinating the Mount Kisco Domestic who are raised in an abusive home atmos- to add seven staff; it has also enabled us to Violence Coalition: This group is comprised phere grow up to become abusers or victims collaborate with victim agencies and police of representatives from law enforcement, themselves. departments to help fight domestic violence. clergy, mental health, the Mount Kisco Drug Providing Equipment to Local Hospital: The first year of VAWA funding enabled us and Alcohol Abuse Protection Council, the The Department is seeking ways to share the to concentrate more on police training. We Northern Westchester Shelter, and the cost of a valuable piece of medical equip- conducted a comprehensive ‘‘Train the Northern Westchester Hospital emergency ment with the Putnam County Women’s Re- Trainer’’ domestic violence program for sev- room. Meetings are held periodically to dis- source Center. This device, known as a eral Westchester police departments—those cuss needs and set goals. Culpascope, would be used by the emergency in jurisdictions with the largest volume of Mr. Mel Berger of the Mount Kisco Drug room attending physician or nurse, in the domestic violence cases. The SPD continues and Alcohol Abuse Prevention Council, is an collection of evidence in a rape case. The to conduct training to individual police de- important member of our coalition. He regu- cost of the Culpascope is $10,000.00. partments on a regular basis. larly attends all local court proceedings and Full Time Domestic Violence Officer: An We have been able to send domestic vio- has the ability to request court ordered drug/ officer assigned to domestic violence, work- lence workers, Spanish speaking, out in to alcohol abuse evaluations prior to the adju- ing on a full time basis would be ideal. The the communities with the highest volume of dication of defendants’ charged in crimes in- officer would focus his/her attention on a domestic violence cases to speak with vic- volving domestic violence. These evaluations structured training course for police officers, tims and follow up cases. We have a full time allow the court to make a more appropriate networking with local, county and state case worker in Yonkers where approximately decision regarding such defendants. agencies on a regular basis, reviewing all do- 1⁄2 of our domestic violence cases arise every Installation of local Domestic Violence mestic incident reports and maintaining year and a second aide who goes out to sev- Hotline: Located in the Department’s Do- contact with victims throughout any refer- eral other busier jurisdictions. As a result of mestic Violence office, the hotline provides ral and/or court proceedings. the additional workers provided by VAWA, the means for victims to receive non-emer- The Mount Kisco Police Department is our other workers have been able to reach gency assistance and advice. The recorded proud of its accomplishments in combating out to elder abuse and sexual assault victims message is in both English and Spanish. domestic violence. It is through your support and to monitor cases involving them.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1727

As part of our effort to reach out to vic- PUBLIC FORUM ON DOMESTIC VIOLENCE I thank Congresswoman Kelly for her work tims in their own communities, we have (Outline of Comments by Victoria L. Lutz) on behalf of victims of domestic violence. networked, with the help of VAWA monies, Hundreds of our clients and our students I. VAWA PROGRAMS OF THE PACE WOMEN’S with My Sisters’ Place and Victims Assist- could never have received representation or JUSTICE CENTER ance Services. Victims Assistance Services training without the assistance of those in has been able to open an office in the Mt. Project D.E.T.E.R.—24/7 attorney link be- Congress who continue to see the job of end- Vernon Police Department to be available tween the battered woman who calls 911 and ing domestic violence as a national, rather for all crime victims and particularly domes- the Family Court than a merely local, priority. Much has been tic violence victims. In addition, my office Federal Civil Legal Assistance done, but domestic violence continues to be has arranged with police departments Practicum—externship providing legal rep- a national epidemic. We still need your help! throughout Westchester County to send all resentation to the most marginalized of do- their Domestic Incident Reports to us. We, mestic violence victims VAWA REAUTHORIZATION AND PRIORITY in turn, screen these reports and forward to Sexual Assault Training Program—CLE ISSUES VAS and MSP those DIRs where no criminal programs for prosecutors in rural New York (The New York State Coalition Against Public Education—Public service an- charges were filed. VAS gets those for Mt. Domestic Violence) nouncements about the VAWA’s full faith Vernon; MSP gets those from the remaining Through the Violence Against Women Act and credit provision forty-odd police departments who send them. of 1994, millions of dollars have gone out to Bench Manual Funding—Domestic Vio- These agencies then reach out to every vic- communities in New York State and across lence and Sexual Assault Bench Manuals will tim for the purpose of offering them services. the nation, creating programs that have be printed this year (partnership with West- Since the inception of our grant, we have re- made a difference in the lives of millions of chester Department of the Probation) ceived and forwarded thousands of DIRs. women. Such programs have bolstered pros- Cayuga Community Response Training and ecution of domestic violence and sexual as- We have an Assistant District Attorney CD-Rom production—Rural trainings tar- who travels out to the local courts through- sault, increased victim services, increased geted for specific disciplines and then made resources for law enforcement, and created a out Westchester County to conduct trials of into interactive online programs misdemeanor domestic violence and sex National Domestic Violence Hotline. With Gender Violence Trainings—CLE programs the funding for these programs scheduled to crimes cases. on domestic violence trial advocacy skills With VAWA money, we have an additional run out in October of this year, it is impera- tailored for prosecutors in each borough of tive that Congress support efforts to reau- Assistant District Attorney to handle felony New York City thorize VAWA programs now for a full five sex crimes cases. As a result, we have been 2. DESIRABLE CHANGES IN AND EXPANSIONS OF years by passing the VAWA reauthorization able to conduct some lengthy and com- THESE PROGRAMS bill, H.R. 1248, early this year. This reauthor- plicated investigations such as those involv- ization package will continue the congres- ing correction officers who sexually assault Project D.E.T.E.R.—Should be extended to sional commitment to making our streets prison inmates. all 42 police departments in Westchester and beyond; could be adapted to provide parallel and homes safe for women and children. We would not have an Elder Abuse Bureau services for victims of domestic violence who It is also essential that Congress recognize without VAWA. We have an Assistant Dis- are present in hospital emergency rooms other crucial needs in combating domestic trict Attorney and a criminal investigator Federal Civil Legal Assistance violence that are not included in the reau- who investigate and prosecute elder abuse Practicum—Should be augmented so that thorization package. The following needs cases and whose secondary aim is to educate the externship can also provide legal assist- must also be addressed: professionals in the field and the community ance via a satellite office to Putnam resi- Transitional Housing—Transitional hous- about the existence of elder abuse and what dents ing is a key factor in meeting battered wom- they can do about it. Another part of our Public Education—A ‘‘legal info’’ public en’s needs for self-sufficiency and safety. Au- elder abuse program, which is called SAVES, service announcement campaign is a nec- thorizing committees should take this oppor- is networking with VAS. With the help of essary component of any domestic violence tunity to incorporate into reauthorization VAWA monies, VAS has been able to hire a intervention strategy and, at this time, does initiatives housing beyond shelters so that community resources person to reach out to not exist survivors have a place to live while they get and educate the elder community about on their feet and put their lives back to- elder abuse. 3. THE READY AND STALKING ACTS: A FEW gether. While a family earning the minimum COMMENTS FROM THE CENTER’S PERSPECTIVE Finally, VAWA money has enabled us to wage cannot afford a two-bedroom apart- set up a designated D.V. Court in West- Mental Health: Multi-System Interven- ment at fair market rent in any state, the chester County. The D.V. Court is the first tions for Children Who Witness Domestic Vi- shortage of affordable housing is especially designated D.V. court in New York State to olence—Special attention should be given to serious, and well-documented, in New York handle both felony and misdemeanor D.V. the need for training concerning the inter- (National Low Income Housing Coalition. cases, and the cases stay in that court from face between the courts and children of di- Out of Reach: Rental Housing at What inception to disposition. The court is staffed vorce (e.g., about the dangers of mediation; Cost?). Such a housing crisis has dire impli- with members of the DA’s office, a victim ad- mandatory parenting classes; joint custody; cations for abused women and their children. vocate, a resource coordinator and, of what parental alienation means and does not In a recent survey, 57% identified domestic course, a specific judge. mean; Family Court neglect adjudications violence as a primary cause of homelessness against the victim of domestic violence be- (U.S. Conference of Mayors, A Status Report You can see—by how long I’ve gone on— cause the abuser was violent in the home) on Hunger and Homelessness in America’s just how important VAWA money has been Violence Against Women Prevention in Cities: 1999, December 1999, p. 94). Abused to the Westchester County District Attor- Schools—All school children desperately women show great courage in uprooting ney’s Office and ultimately to the people of need this type of multi-layer training. This themselves and their children to go into a Westchester County. approach should reach bus drivers and cafe- domestic violence shelter. We need to ensure I also would like to note that one main teria workers as well as those listed in the that, at the end of their limited emergency thrust of our VAWA programs has been to bill materials. Whenever practicable, train- stay, we provide them with options more via- discourage withdrawal of D.V. charges and ers should include peers, whether they be ble and attractive than returning to the proceed with prosecution of the offender, teens who help train teens or parents who batterer. with or without a victim. We can only do help train parents. To do this, a ‘‘train the Civil Legal Assistance—This program is that with the help and proper training of our trainer’’ entre program is important. Last, currently funded through VAWA appropria- police departments; with judges who are but not least, domestic violence education tions, but is not authorized by statute. The aware of the dynamics and devastation of must be available to ALL students; iron- need for civil legal assistance is so acute, it family violence; with trained, skilled inter- ically, those most left out of the training should not be left vulnerable to the appro- viewers to talk to and work with the vic- loop may be the private schools. We have priations process. Victims of domestic vio- tims; with trained attorneys—knowledge- trained all boys private schools and it is lence are often inundated with legal probable, sensitive, feisty—to convince our juries scary how little they know and how much lems, included the need for restraining or- and the public that they need to be con- they need. ders, custody and visitation orders, reim- cerned about Domestic Violence. Safe Havens—Transportation exchange bursement for medical bills and property With lowering the withdrawal rate as one services (‘‘supervision transportation’’) damage, resolution of landlord-tenant dis- of our objectives, I am happy to report that never seems to come up but is a continual putes, and assistance with complicated di- preliminarily we have succeeded. In 1998, just problem for clients, rich and poor. Super- vorce cases. Victim demand for such services 1 year after the start of the grant—the rate vised visitation funding should include, far exceeds their availability. The dearth of of withdrawal was 39%, in 1999 it was 36%. To wherever possible, funding for safe exchange competent, affordable legal services directly put this in perspective, the withdrawal rate opportunities. and adversely impacts the safety and well between 1995 and 1997 was 51%. The Stalking Protection and Victim Pro- being of women and children across the na- I look forward to seeing the numbers for tection Act—The email provision has been tion. Civil legal assistance should be a per- 2000 and sincerely hope that VAWA Funding pointed out to us frequently as a desirable manent component of the statute and re- continues. amendment. ceive substantially higher levels of funding.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1728 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Battered Immigrant Women’s Legisla- initiative addressing children and domestic Credit conferences for New York/Con- tion—Language that is targeted towards ad- violence results from the devastating and necticut/Vermont/Massachusetts border dressing the unique needs of battered immi- dangerous trends evolving in current re- counties and Indian Nations under this ini- grant women and eliminating obstacles to sponses to domestic violence by child protec- tiative to promote better understanding, co- gaining assistance is needed to ensure that tion systems. Abused women are being operation and enforcement around this im- battered immigrant women and children are charged with neglect based on the actions of portant federal and state law. not forced to remain with abusive partners. the perpetrator. They are having their chil- We are also working under an Office of Jus- Despite the successes of the immigration dren taken from them and placed in foster tice Programs, Grants to Encourage Arrest provisions of VAWA 1994, subsequent immi- care. They are being forced to take actions Policies initiative, in which our part is to de- gration reform bills drastically reduced ac- over which they have no control, such as ob- velop and implement a statewide conference cess to VAWA immigration relief for bat- taining an order of protection or being ac- for child protection, law enforcement and do- tered immigrants. H.R. 8083 seeks to restore cepted into shelter, and the outcomes of mestic violence systems to promote a coordi- and expand access to a variety of legal pro- their cases often hinge on such actions. Do- nated community response between the tections for battered immigrants so they mestic violence is not and should not be per above systems on behalf of abused mothers may flee violent homes, obtain court protec- se neglect. The child protection actions de- and their children. A workgroup will be tion, cooperate in the criminal prosecution scribed above are having an, understandably, formed to identify conference outcomes and of their abusers, and take control of their chilling effect on abused women’s willing- address them in furtherance of the above lives without the fear of deportation. ness to seek assistance—to call the police, go goal. Under this initiative we are also work- Definition of Domestic Violence—The fed- to Family Court, seek services—in short, re- ing with the NYS Office for the Prevention eral definition of domestic violence needs to versing decades of work encouraging women of Domestic Violence and the NYS Division be corrected to include dating violence. Not to break their silence and seek assistance. of Probation and Correctional Alternatives all abused women marry their abusive part- The short-term knee-jerk responses by child on a work team to provide training and tech- ners or have children in common with them. protection we are witnessing are counter- nical assistance for probation personnel and Too many victims of domestic violence are productive to crafting meaningful long-term to help develop protocol. To date domestic denied equal protection of the law because responses that take the needs of the non-of- violence liaisons in probation departments the law fails to recognize the full spectrum fending, primary caretaker parent into ac- have been identified and trained in 99% of of domestic violence victims. Non-married, count. And that is hardly in the best inter- the counties in New York. non-parent victims of domestic violence need ests of the children. Any legislation passed VAWA is a great success story—it is a suc- equal protection under the law. on behalf of children must take these serious cess story of federal commitment to ending Full Faith and Credit—While the goal of circumstances into account. In our zeal to violence against women, of state and local the federal statute and the conforming stat- protect and assist children, we mustn’t hand- partnerships, of innovative collaborative ini- ute New York passed in 1998 is straight- icap their long-term chances of safety and tiatives and of a public waking up to the ev- forward, implementation has been problem- security by revictimizing their abused moth- eryday reality of violence in the home. But atic. Many jurisdictions have done nothing ers. there is much work to be done. Violence to implement full faith and credit. In vary- VAWA FUNDED PROJECTS IN NEW YORK STATE against women has not ended and the great ing degrees in different jurisdictions, police work that VAWA launched must be contin- officers, court personnel, and judges often VAWA funded projects have had an enor- ued to further that goal. refuse to enforce the orders of other state mous impact on abused women and their We urge Congressional support on these and tribal courts. The problems in Indian children in New York. Since there is no one issues and anticipate continued efforts on be- Nations are especially difficult since most of agency in New York that keeps track of all half of anti-domestic violence legislation. the violations on Indians lands are by non- the VAWA funds in New York, it is difficult Across the country, advocates for battered native batterers. Battered women travel for to assess the amount of those funds. The New women and battered women themselves are all the ordinary reasons people travel, and York State Department of Health, for exam- asking Congress to continue its dedication to they often cross state and tribal jurisdic- ple, has VAWA contracts for sexual initia- ending violence in the homes of our nation’s tional lines in flight for their safety. Bat- tives that are not reflected in the figures women. We urge that a VAWA reauthoriza- tered women need the protection the full below. Additionally, many projects are fund- tion bill be passed early this year and that faith and credit statute was supposed to pro- ed directly through federal agencies. How- the other pressing needs mentioned above be vide, and further clarification and funding ever, the following are rough estimates of addressed. for training and implementation is needed to VAWA funds, provided to us by the New support that goal. York State Division of Criminal Justice NYSCADV NON-RESIDENTIAL DOMESTIC VIO- Children and Domestic Violence—There Services. LENCE SERVICES FUNDING SURVEY 2000 RE- are many levels at which the NYSCADV is SULTS concerned about children and domestic vio- Projects/Programs Year Amount lence. Prevention and education aimed at The New York State Coalition Against Do- S.T.O.P ...... 1997 $7,257,050 mestic Violence conducted a survey of all children are essential components to any re- 1998 7,426,150 sponse to domestic violence. Programs for 1999 7,537,300 non-residential domestic service providers teen and college aged victims of domestic vi- Discretionary Office of Justice Programs ...... 1998 2,180,904 across the state to determine their need for Department of Justice ...... 1998 429,900 additional funding and resources. The fol- olence and sexual assault are also grossly Grants to Encourage Arrest (directly to projects) ...... 1998 3,980,000 under-funded. The need for supervised visita- Civil Legal Projects ...... 1998 3,930,000 lowing charts depict the current inadequacy tion centers far exceeds the number of avail- of resources and the necessity of increased able programs, resulting in courts ordering The NYSCADV also has several VAWA funding to support the provision of core serv- unsupervised visitation and endangering funded projects: ices. County Contracts: 62.5% of programs have women and children. Services for children We are in the fourth year of funding of our county non-residential contracts with DSS/ exhibiting symptoms of the stress of violence S.T.O.P project, which is a comprehensive HRA that are less than $50,000. in the home need appropriate services. A training series of domestic violence program Insufficient Contract Funds: 85.1% of pro- Sense of Congress regarding the inappropri- staff across the state. These trainings has grams report that their county contracts are ateness and danger of forcing shared custody been very well received and covered topics not sufficient to cover core services. over the objection of one or both parents or ranging from basic domestic violence issues Additionally, 42.6% of programs report making friendly parent provisions a factor in to more complex challenges in service provi- that they do not have sufficient staff to pro- determining custody would be very helpful in sion, such as reaching underserved populations and welfare and immigration issues. vide their core services. addressing the abuse many batterers con- High Staff Turnover: Programs are report- In addition to ongoing technical assistance, tinue to afflict through custody and visita- ing high turnover for many core staff posi- we provide six one-day trainings and four tion litigation. Despite the perception that tions. two-day trainings each year. This is one of mothers always win custody cases, studies Low Pay and Staff Turnover: 61.5% of pro- our most successful and sought after show that fathers who contest custody win grams report that staff are leaving for better projects. sole or joint custody in 40 to 70 percent of paying positions. cases (Report of the Gender Bias Study of We are entering the second cycle of a De- partment of Justice, Rural Domestic Vio- the Supreme Judicial Court of Massachu- DOMESTIC VIOLENCE PUBLIC FORUM ORGA- lence and Child Victimization Enforcement setts, 1989, Abrams and Greaney). NIZED BY CONGRESSWOMAN SUE KELLY— We are currently supporting an initiative Grant project. We are working with ten rural APRIL 3, 2000 in New York that would mandate domestic counties to help them improve their coordi- violence training for child protection work- nated community response to domestic vio- (Presentation by CarlLa Horton, MPA, Exec- ers and would support a complementary fed- lence by working with them to promote par- utive Director of the Northern Westchester eral initiative. While the NYSCADV has not ticipation in county task forces, identify Shelter) taken a formal position on the READY Act, strengths and weaknesses in their individual INTRODUCTION we are grateful for the leadership of Rep- and coordinated agency responses and de- Good morning. I’m CarlLa Horton, and it is resentative Kelly in this effort to address velop written protocol to guide future remy privilege to serve as the executive direc- these important issues. Our concern over any sponses. We also hosted two Full Faith and tor of the Northern Westchester Shelter, a

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1729 non-profit, community based organization enough about the torture inflicted on chil- desperate struggles to maintain power and that serves victims of domestic violence. In dren who watch in horror as their fathers control. This must stop. If we have learned addition to our shelter services, we provide slap, kick, punch and stomp on their wives anything in our movement, it is that safe community education programs and offer an in front of the children. moms make for safe kids. Thank you for array of services to child, teen and adult sur- Think for a moment about torture of polit- your efforts to make the victims safe and the vivors of domestic violence. This includes ical prisoners. If the abuse gets too intense, abusers accountable. legal services, counseling, support groups, the prisoner can die or pass out. That’s why education and self-efficiency initiatives. The abusers in those situations stop torturing STATEMENT ON BEHALF OF MY SISTERS’ PLACE the primary victim and torture someone latest addition to our roster of programs is Good morning Congresswoman Kelley and that person cares about but can’t do any- Student Terminating Abusive Relationships, distinguished members of the panel. I am thing to protect. That’s what happens to a school-based outreach and peer leadership Amy Paul. With me is Lisi Lord. We are As- children who witness violence. Their bodies program. This Friday, we will help co-spon- sistant Executive Directors of My Sisters’ cannot ‘‘pass out’’ from the abuse they wit- sor with the Junior League of Northern Place, an agency dedicated to ending domes- ness, but their minds suffer terribly about Westchester the second annual conference in tic violence and assisting victims of domes- their inability to do anything to stop the vi- the county on teen dating abuse. tic violence since 1978. My Sisters’ Place pro- olence or to protect their mother. COMMENTS ON VIOLENCE AGAINST WOMEN ACT But consider the many children who do try vides comprehensive services throughout AND ITS REAUTHORIZATION to stop the violence. Think of a young boy— Westchester to people living with abusive The Northern Westchester Shelter is ex- 7, 8 maybe 9 years old—throwing himself be- partners. Our many services include 2 emer- tremely grateful to Congress and the tax- tween his father’s fists and his mother’s face. gency shelters, a 24 hour toll free hotline for payers for their support of the Violence These young children make a valiant but al- information and assistance, individual coun- Against Women Act and strongly rec- most hopeless effort to protect their mother. seling and advocacy, 20 support groups lo- ommends that it be reauthorized and Consider one study of young men (boys, real- cated in community sites in 10 different strengthened. ly) in jail for murder. In this study, 63% of Westchester towns, a Legal Centers with I remember when I first came to the North- them were there for killing the man who was three attorneys providing free legal advice ern Westchester Shelter, three years ago abusing their mother. This is a travesty. and representation, court accompaniment, a today, and began a needs assessment. I spoke This is what we particularly like about the Life Skills program to help women renew the with survivors, our state coalition’s execu- READY Act: skills they need to live independently, and a tive director, other advocates and my board The READY Act would create multi-level children’s program, called Robbie’s Room, and staff. It was clear to all of us that next interventions that promote collaboration both at our shelters and in the community. to an adequate number of shelter beds that and safety planning among domestic vio- Our services are provided in English and legal services was the greatest unmet need in lence providers, the police, courts, child pro- Spanish. We have counselors available who our county for battered women and their tective services, schools and other commu- also speak Hebrew, Japanese, French, Por- children. nity based and mental health organizations. tuguese, Arabic and who sign for the hearing Armed with that information, we applied The READY Act would provide women who impaired community. We also have an exten- for a VAWA grant and we were awarded flee from domestic violence across state sive community education program which $80,000 for what became the first year of a lines with a defense. We have a former client includes a school-based domestic violence legal services program. In the second year, who was in our shelter almost eight years education and prevention curriculum which that support dropped to $60,000 and in this, ago who fled to a New England state. She reaches over 4000 Westchester students each the third year, the support plummeted to was finally tracked down by her child’s fa- year, a health care provider education pro- $45,000. ther and is now embroiled in a legal battle to gram, professional and lay trainings, and a During the first two years, we provided defend her actions—actions taken to save community speakers bureau program. legal advice to 229 victims, 156 of whom were her life and that of her child. My Sisters’ Place is pleased to have the op- selected for ongoing legal representation as The READY Act would mandate domestic portunity today to comment on H.R. 3315, allowed by VAWA. Of these, 136 secured tem- violence factors have precedence in custody the Ready Act, and H.R. 1248, the violence porary orders of protection—94 in Family proceedings. Currently, states are to base Against Women Act, and to lend our support Court and 42 in Criminal Court. Over time, 74 child custody on the ‘‘best interests of the for both bills. We commend Congresswoman permanent orders of protection were se- child’’ and with considerations for domestic Kelly for calling these hearings and for di- cured—53 in Family Court and 21 in Criminal violence as a ‘‘factor.’’ We wholeheartedly recting the public’s attention to an issue Court. Of the 42 women who selected Crimi- support the language that domestic violence which has, for too long, gone unaddressed. As nal Court as their avenue to safety and ac- factors have ‘‘precedence’’ as we have seen we are all aware, domestic violence is a most countability, only two have dropped the time and again the ‘‘factor’’ being ignored, insidious and pervasive social problem, one charges against their abusers. particularly for wealthy, powerful and/or which affects not only the targeted victim, And that’s just the work as allowed and well-connected men. but the children who witness the abuse, and funded by VAWA. As or more importantly, We applaud the READY Act’s emphasis on the community at large. Whereas home is the program funded by VAWA served as a ‘‘predominant aggressor.’’ Factors such as considered to be the sanctuary of peace from gateway to the other programs offered by my the history of abuse, the relative severity of the outside world, for too many women, it is agency. Women may have come through the injuries, the likelihood of future injury are the most dangerous and uncomfortable place door seeking help with legal issues, but they particularly needed. I was also heartened to of all. It is estimated that over 50,000 women and their children stayed for counseling, sup- see the language that talked about ‘‘the de- in Westchester are living with an abusive port groups, educational services and the gree to which one of the persons has acted partner. Our own experience bears out the like. Indeed, we experienced a 100% increase with more deliberate intent to control, iso- enormity of the problem as last year alone, in the number of survivors coming to us for late, intimidate, emotionally demean or we assisted over 3000 women, provided shel- non-residential services in the first year that cause severe pain or injury, or fear of harm ter to over 150 people, but had to turn away we had VAWA funding. to the other or a third person.’’ We had simi- over 500 women, not counting, their children, We have struggled to maintain our level of lar concerns in this state after mandatory because we were full. A victim of domestic service in spite of the decreasing funding lev- arrest was initiated and this resulted in ‘‘pri- violence is faced with challenges and worries els. But, decreased funding is not the only mary aggressor’’ legislation. of safety for herself and her children every problem. The current legislation prohibits us We applaud the strategy to address vio- day. Leaving the relationship would seem from helping battered women secure di- lence against women by funding school-based from the outside to be an easy solution but, vorces. In our first year, we had to tell 52 prevention programs. Last May, we cospon- in fact, ‘leaving’ poses a most dangerous women seeking divorces that our lawyers sored with the Junior League of Northern threat to her immediate safety. Moreover, (funded by VAWA) could not help them. This Westchester a teen dating abuse conference, despite the services available through agen- is ludicrous. The common refrain from those 260 tenth graders came together and talked cies like ours, ‘leaving’ is made exceedingly not in the know is that battered women about their experiences. Over and over, we difficult by the lack of overall, ongoing com- ‘‘should just leave.’’ Yet, VAWA does not heard chilling stories about what’s going on munity support to help her and her children allow severing the legal ties that bind in the schools, and in the cars and in the make the transition to safety and security women to husbands who are desperate to homes of these young people. Meanwhile, after ‘leaving.’ And, ‘leaving’ requires that maintain power and control. many school administrators continue to the victim tell someone about her plight, Not only must VAWA funding be contin- claim that their school doesn’t have this about something which still today is a social ued. It should be enhanced and the prohibi- problem. Yes, they do, and we must develop taboo and is shameful to talk about. For tion against divorce should be lifted. strategies to help these young people (and married victims, ‘leaving’ also means get- COMMENTS ON THE READY ACT those that serve them) understand how to ting and paying for legal advice in dissolving The Northern Westchester Shelter would identify abuse and how to access services the marriage and arranging for child cus- like to thank Congresswoman Kelly and her when needed. tody, as well as in obtaining an order of pro- cosponsors for their leadership in advancing IN CLOSING tection. Most victims do not have the money protections for abused women and children Innocent, bewildered and traumatized chil- to retain legal counsel and, if they do ini- through the READY Act. I cannot say dren have become pawns in the abusers’ last, tially, our experience is that the legal fees

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1730 CONGRESSIONAL RECORD — HOUSE April 4, 2000 eat up any savings they have accumulated such programs nationwide, as set forth in A. Sometimes abuse is really dangerous otherwise needed to start a new life. the Ready Act, should be available. and obvious. But an awful lot of it is not so With the initial enactment of the Violence In closing, we wish to reiterate the impor- obvious. Perhaps there is a boyfriend who Against Women Act, our government took tance and urgency in reauthorizing VAWA seems like he is just very attentive and car- an important, pioneering stand against do- this Spring and in using the re-authorization ing and checking on her to see that she’s mestic violence and provided much needed as a means to communicating the serious- O.K. It’s not going to be that evident to the funds to support efforts to help women fac- ness with which we, as a nation, are com- parent that this is actually a control * * * ing life with an abusive partner. My sisters’ mitted to helping victims and holding your 16- or 17-year-old comes home with un- Place was the beneficiary of this funding batterers accountable. There is much to do explained bruises, the parents may very well under the STOP Violence Against Women to properly address this devastating social have a clue what’s going on, but still have no program through which we developed a lay problem which impacts on the civil order and clue what to do about it and how to help. An- legal advocate program. This program en- social fabric affecting all of us. The VAWA other early warning sign is if the boyfriend ables trained volunteers to accompany Act and the Ready Act are, together, impor- is much older than the girl. That’s a trend women to court, when an attorney’s presence tant building blocks toward creating a safer, we’re very concerned about. is not essential, such as when filing papers, more secure world for our families. Q. You said that counselors talk to teenage and the like. Our advocates provide emo- Thank you, again, for the opportunity to groups about how to recognize signs of po- tional support and court experience to make present our views. tentially dangerous relationships. Describe an otherwise daunting and scary trip to the what these counselors say. [From the New York Times, Apr. 2, 2000] court house less frightening and more suc- A. First of all, we want to debunk the idea cessful. Over 50 women have worked with our ADVICE TO TEENAGERS ON DATE ABUSE that it can’t happen to them. A lot of teen- advocates to date. On this coming Wednes- (By Donna Greene) agers—both boys and girls—feel that when day, our program will be recognized for an There is growing awareness that preven- they hear of someone who is beaten up, award by The Fund for Modern Courts for tion is the best way to fight domestic vio- ‘‘Well I’d never let anyone treat me like the important contribution we have made. lence, and that teenagers, in particular, need that.’’ We have to say: ‘‘No, that’s not how it Without the VAWA funding, we could not preventive services, said Lisi Lord, an assist- happens. It happens so subtly you’re not have developed this program. ant executive director of My Sisters’ Place, a going to see it coming.’’ We talk a lot about Re-authorization of VAWA is critical to or- White Plains-based agency that runs pro- jealousy and possessiveness. That when ganizations like ours which are working on grams to help battered women. someone is jealous of you talking to your the front line every day with women in crisis As part of her duties, Ms. Lord supervises friends or other boys, this isn’t a sign of and afraid for their lives. It is well known a program that goes to Westchester middle love, this is possessiveness. And jealousy is that the VAWA program has provided finan- schools and high schools to talk to students often an early warning sign. If he gives you cial support for a wide array of services na- about domestic violence, stalking and date a beeper on the second date—and this hap- tionwide. For this reason, re-authorization abuse. pens to girls regularly—then he is someone of VAWA should be passed as soon as pos- While many teenagers feel it could never who wants to know your whereabouts. That’s sible, hopefully in this Spring. To wait any happen to them, almost all say they know the kind of behavior that could later become longer than that places in jeopardy all of the someone who has been a victim of domestic stalking. worthy programs which may expire over the abuse, Ms. Lord said. And even parents who Q. What is the reaction of the teenage boys summer and may not be able to bridge the suspect that their teenager is having dif- in your audiences? funding gap if VAWA reauthorization is de- ficulties do not often know how to help, she A. Often good. Sometimes we have the layed into the Fall. said. We also lend our support to The Ready Act Ms. Lord, who will move to North Salem most difficulty with the girls. Sometimes and thank Congresswoman Kelly for crafting next month, has a master’s degree in coun- the girls are the ones who are most a bill which addresses domestic violence pre- seling and previously worked as a judgmental about other girls. ‘‘Well, there’s vention as well as some of the difficult, at- psychotherapist with agencies in Yonkers. something wrong with her,’’ they’ll say. tendant issues a victim and her children Here are excerpts from a recent conversa- ‘‘That would never happen to me.’’ That’s a face. In particular, we appreciate the bill’s tion: defensive reaction. They want to believe funding for supervised visitation centers in Q. How early do children need to learn they could never be in that situation. recognition that men who abuse their part- about domestic violence and stalking? Q. Do any of the boys admit to recognizing ners often also abuse the children living with A. Getting to these kids before they have in themselves some of the signs of abusive them. We have supported the Junior League formed their attitudes about what it means behavior? in Westchester in developing a supervised to date and what it means to be a boy or girl A. Very often they will disagree with us on visitation program here in the county and is important. A big part of what we talk some of the early warning signs. They say, ‘‘I support the Ready Act in providing funding about is gender role and expectations. Girls am not an abuser and will never hit a girl,’’ for such programs nationwide. We support don’t have to look for someone big and but also: ‘‘No girlfriend of mine can talk to the Act’s provisions which permit a defense strong and tough who will take care of them another guy. That’s disrespectful.’’ So they to a kidnapping charge for a woman who because that’s potentially a setup for them. hold some of the attitudes but they don’t see A lot of what we see on the junior high flees the state to escape domestic violence. them as abusive or controlling. school and high school level are kids who are And, we have long supported the notion that Q. What should parents do if they are con- already being abused by their boyfriends. So a history of domestic violence should be cerned about their daughter’s boyfriend? we like to do some real education about made a part of the court’s consideration A. The most important thing is to keep the what it means to be part of a healthy rela- when determining a child custody matter. communication open with your teen. If you tionship. We talk about what domestic vio- We also support the Ready Act funding for put down your foot, and say, ‘‘Stop seeing lence is, what the early warning signs are, services for children, in recognition that wit- that boy,’’ you’re going to lose that line of what healthy relationships are, how you can nessing abuse performed by the perpetrator communication. I see this all the time. If she help a friend if you know someone who is liv- takes a long term toll on the health of the feels she’s being listened to, she’ll be much ing with this problem. We talk about child children. In this regard, we believe that the quicker to come to her own conclusion that abuse issues as well, and what to do if your perpetrator must be held accountable for what is going on is not O.K. but if it be- mom is being abused. comes: ‘‘I love him and they don’t get that I these actions if we are to see a change in the And at the end of our program, the kids are love him,’’ then she is going to get more se- incidence of domestic violence both in indi- asked to fill out an evaluation and asked if cretive. vidual cases and on a societal scale. We must they would like someone from My Sisters’ At the same time this doesn’t mean par- find ways to articulate a national policy Place to contact them. As many as 3 to 5 per- ents shouldn’t address these issues with statement that domestic violence is unac- cent check that box. So we go and meet with ceptable and that we are seriously com- them individually. their daughters. Raise the issues. ‘‘I’ve no- mitted to holding perpetrators accountable Q. Who are the teenagers who are asking ticed you’re very nervous about whether for their actions and the consequences of for further help? you’re home when he calls and expects you their actions. A. The kids generally fall into about three to be home. What’s going on?’’ We also believe, and it is our mission, that or four categories: kids who are growing up Also many kids have a lot of time on their we must educate and expand awareness of with abuse, kids who just need to tell us hands in the afternoon and the truth is that the issues underlying domestic violence-edu- about one bad thing that happened to them many parents think that their children, cation is the key to reducing the incidence of 10 years ago but that they never told anyone when they become 14, 15, 16, need less super- domestic violence and protecting our chil- about, kids who are being abused by their vision. But they need to know that there is dren. As we mentioned earlier, My Sisters’ boyfriends and kids who have friends who are someone there keeping an eye on things, not Place has developed a program of edu- being abused by their boyfriends and they’re in a harsh way but just in a sense of safety cational materials for students in West- afraid for them and they want to know what that they’re not just out there on their own. chester schools which we have been pre- to do to help them. I think boys need this too. Obviously the senting since 1990. Our successes in that pro- Q. Why do you think parents are so un- girls are the ones who tend to pay the price gram encourage us to believe that such pro- aware of what is going on in their child’s in terms of getting pregnant or getting beat- grams are essential and that funding for life? en.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1731 Q. It is said about domestic violence that only woman from Oregon who has ever Canada to buy drugs. The more I have these kinds of attitudes cross all socio- served in the U.S. Senate. studied it, the more I realize that we in economic boundaries. Is that the same at the During her tenure in the United the United States are paying far too teenage level? States Senate, she became famous for much for prescription drugs. A. Absolutely. I find the audiences will be I believe in a reasonable profit. I do more outspoken in certain groups than in her fighting spirit and tireless crusade others but they’re saying the same thing. on behalf of consumer rights. She was not believe in additional government The only difference is that if you’re growing always looking out for the consumer, regulation. But I also do not believe up in a society where violence is something for public health, campaign finance re- that we should be taken for fools by you’re seeing in the streets and you’re seeing form, some of these still sound famil- the large prescription drug companies. it at home and you’re seeing it at school and iar, civil rights, and environmental Let me give some examples. One of you don’t feel safe anywhere, safety planning conservation. She also played a critical the most commonly prescribed drugs in takes a whole new meaning. It’s pretty role in President Johnson’s war on pov- the United States is a drug called meaningless to talk to a 16-year-old girl who Prilosec. Prilosec is given to people has grown up with violence and sees it when erty. She became known as a principled who have ulcer conditions and some she walks down the street, ‘‘You need to other acid reflux conditions and so leave your boyfriend and get safe.’’ Where is consensus-builder with the political she going to get safe? There has to be a more will to tackle the country’s most press- forth. A 30-day supply of Prilosec in communitywide response. We need to work ing problems. After cancer took her Minneapolis, Minnesota, sells for $99.50. very hard to help her find someone in her life husband’s life, Maurine Neuberger led That same drug made in exactly the who is safe. the fight in the Senate to put warning same plant with the same FDA ap- f labels on all the cigarette packages, so proval in Winnipeg, Manitoba, sells for when we read those today, that the $50.88. That is a tremendous bargain. TRIBUTE TO FORMER SENATOR Interestingly enough, that same drug MAURINE NEUBERGER Surgeon General has determined smoking may be hazardous to our health, in Guadalajara, Mexico, made in ex- The SPEAKER pro tempore (Mr. she wrote that and made that happen. actly the same plant under exactly the HOBSON). Under a previous order of the At the time of her fight against the same FDA approval, sells for $17.50. House, the gentlewoman from Oregon tobacco companies in the early sixties, Mr. Speaker, it really is time for (Ms. HOOLEY) is recognized for 5 min- her efforts were considered bold and Congress to do what we thought we did utes. radical first steps in educating the pub- with the North American Free Trade Ms. HOOLEY of Oregon. Mr. Speaker, lic on the dangers of smoking. Agreement. That is to open up our bor- along with my colleagues, I, too, want Senator Maurine Neuberger epito- ders. My vision is that American con- to recognize Maurine Neuberger. The mized what public service is all about. sumers, and particularly seniors, could State of Oregon has lost a great friend We are going to miss her in this State. go to their local pharmacy with their recently when former Senator Maurine Again, she was a role model for the Na- local pharmacist who could set up a correspondent relationship with a Neuberger lost her battle with cancer tion. If all of us would just follow in pharmaceutical supply house in either at age 94. We lost a true pioneer when her footsteps, we would have a better Canada or Mexico, and ultimately we Maurine passed away. She was an advo- Nation. cate, a leader, and a great woman. would force the drug companies to f Mr. Speaker, I was very fortunate to allow Americans to enjoy world mar- know this woman. She was an inspira- THE HIGH COST OF HEALTH IN- ket prices for prescription drugs. tion to me. There are so many wonder- SURANCE AND PRESCRIPTION Let me give some more examples of ful stories about her, but I would just DRUGS commonly-prescribed drugs. I might say to Members, this is available. Just like to mention a couple. The SPEAKER pro tempore. Under a call my office. This is a newsletter that Her mother was a dairy farmer, yet previous order of the House, the gen- was put out by an independent group she took on the dairy farmers, and she tleman from Wisconsin (Mr. GUT- called the Life Extension Foundation, said, when they outlawed making mar- KNECHT) is recognized for 5 minutes. the title of which is, ‘‘Are We to Be- garine yellow, so you have this white Mr. GUTKNECHT. Mr. Speaker, ear- lard piece, one day on the floor of the come Serfs of the Drug Monopoly?’’ lier today I had a group of small busi- They talk about what is happening House she demonstrated to all of her ness people in my office. One of the here in the United States compared to male colleagues how to make it yellow concerns that they talked about was the rest of the world in terms of the with food coloring in it, and stirred it the high cost of health insurance. Re- prices we pay for prescription drugs. around. She took on the dairy farmers cently, I have had several meetings For example, a commonly-prescribed again, though her mother was a dairy with senior citizens. One of the things drug, Synthroid, in the United States, farmer, and she won that battle. they talk about is the high cost of pre- a 30-day supply sells for an average of She also made a real splash in the pa- scription drugs. The two issues are re- $13.84. That same prescription for ex- pers when her husband was serving in lated, whether we realize it or not. actly the same drug made in exactly the U.S. Senate. The Democrats were Over the last 4 years, for example, the same plant in Europe sells for $2.95. doing a fundraiser. They asked the the cost of prescription drugs in the Coumadin, which is a drug my dad Democratic wives if they would come United States has gone up by 56 per- has to take, it is a blood thinner. In and model clothes from their home cent. In fact, in the last year alone, the the United States, coumadin, the aver- State. Maurine, who was in very good cost of prescription drugs here in the age price for a 30-day supply is $30.25. state, modeled a swimsuit from Jan- United States has gone up by 16 per- In Europe, that same drug made by the sen’s swim wear. There were photo- cent. One of the reasons that health in- same company in the same plant with graphs of her all over the United surance costs are going up so much in the same FDA approval sells for $2.85. States. When asked the question why the last year or two here in the United Mr. Speaker, it is time for the Con- she chose to wear that, she said, that is States is the cost of prescription drugs. gress to take action. The first thing I what I wear when I go swimming. While we are talking about what we would recommend Members to do is She was a wonderful woman, and can do to make prescription drugs call my office and we will send them there are wonderful stories about this more available to seniors through out a copy of this newsletter. They can woman, but none more than what she Medicare, it seems to me we also have find out for themselves the difference accomplished during her one and only to be looking at why is it that prescrip- we see in prescription drugs. term in the U.S. Senate. tion drugs are so expensive in the Secondly, I would ask Members to After her husband, U.S. Senator United States. sign on to my bill, H.R. 3240, which Richard Neuberger’s, sudden death in I have been doing some research. I simply allows for the importation of 1959, Maurine Neuberger ran for and have gotten a lot of help from my drugs into the United States without won her late husband’s seat in the U.S. friends, some friends at the University FDA intervention, drugs that are cur- Senate. She became only the second of Minnesota, the Minnesota Senior rently approved by the FDA. woman in the entire country to be Foundation. We have heard a lot about Mr. Speaker, do not take my word for elected to the U.S. Senate, and the these bus trips that are going up into it. Actually, the Canadian government

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1732 CONGRESSIONAL RECORD — HOUSE April 4, 2000 has done some of the research for us. ‘‘The unfortunate fact that junior en- ‘‘These are our best citizens. If we The latest research, and I have a copy listed members must rely on food don’t take care of our finest citizens, of it, from the Canadian government, stamps reflects the inadequacy of mili- some day we’re going to ring the bell confirms that drug prices in Canada on tary compensation. Although there was for war and the folks aren’t going to average are 56 percent less than they progress toward closing this significant show up.’’ are in the United States. pay gap between military and civilian Mr. Speaker, I mention that as I The Federal government last year pay levels last year, more must be close to say that we in America are ex- spent $15 billion on prescription drugs. done, and this legislation helps address tremely lucky to have the men and If we could realize just some of the sav- this reality.’’ women in uniform who are willing to ings by opening up our markets to I further quote Charles Calkins. He die for this country. I want to encour- competition and bringing our prices says, ‘‘Petty officers and noncommis- age the leadership, both Republican into line with world prices, we could sioned officers are the backbone of the and Democrat, and my colleagues on have more than enough money to open military services. They deserve fair both sides of the aisle, to join me in up the benefit to people who are cur- compensation.’’ this effort to say to those in uniform rently not covered for prescription Mr. Speaker, I also want to read from who are on food stamps, we care about drugs on Medicare. If we could save 30 the transcript of the television pro- you and we are trying to help you. percent, 30 percent of $15 billion, Mr. gram 20/20, from June 25 of 1999. The f Speaker, is $4.5 billion. That would go show addresses the subject of our mili- The SPEAKER pro tempore. Under a a long way to making certain that tary families on food stamps, and the previous order of the House, the gen- every American had access to afford- title of the show was ‘‘Front Lines, tleman from Michigan (Mr. BARCIA) is able prescription drugs. Food Lines.’’ The reporter was Tom recognized for 5 minutes. The time has come to take action. I Jarriel. (Mr. BARCIA addressed the House. encourage my colleagues to join me in Tom Jarriel talked to a number of His remarks will appear hereafter in support of H.R. 3240. military families during this interview the Extensions of Remarks.) who are struggling to make ends meet. f f The SPEAKER pro tempore. Under a I want to share with the Congress part The SPEAKER pro tempore. Under a previous order of the House, the gen- of the transcript from this show. previous order of the House, the gentle- I first start by quoting Tom Jarriel: tleman from New Jersey (Mr. PALLONE) woman from California (Ms. ‘‘Captain Elliott Bloxom presents the is recognized for 5 minutes. MILLENDER-MCDONALD) is recognized Pentagon’s point of view that while (Mr. PALLONE addressed the House. for 5 minutes. some families are struggling, they are His remarks will appear hereafter in (Ms. MILLENDER-MCDONALD ad- the Extensions of Remarks.) the exception and not the rule.’’ dressed the House. Her remarks will I further quote Tom Jarriel: ‘‘We’re f appear hereafter in the Extensions of talking to people who cannot buy an Remarks.) THE MILITARY FAMILY FOOD ice cream for their kids when the truck STAMP ACT passes outside their home. f The SPEAKER pro tempore. Under a Elliott Bloxom says, and I quote him, PRAISING THE FLORIDA GATORS previous order of the House, the gen- ‘‘These junior people, we feel their The SPEAKER pro tempore. Under a tleman from North Carolina (Mr. entry wage levels are adequate. They previous order of the House, the gentle- JONES) is recognized for 5 minutes. are very competitive with the private woman from Florida (Mrs. Thurman) is Mr. JONES of North Carolina. Mr. sector. We find that there are other recognized for 5 minutes. Speaker, back in March I introduced complicating factors—oftentimes a Mrs. THURMAN. Mr. Speaker, I am H.R. 1055. The title is, the Military larger-than-average size family—which really here tonight to say how proud I Family Food Stamp Act. I sent last places an additional burden on that am of the Florida Gators who played, I week a Dear Colleague to my col- service member to manage their fi- believe, their hearts out last night in leagues in the Congress, both Repub- nances accordingly.’’ the final game of the NCAA basketball lican and Democrat, asking them to Now I go back to Tom Jarriel. Tom tournament. join me in this effort. As of today, we Jarriel says, ‘‘Still, the Pentagon has While the University of Florida lost have 91 cosponsors from both sides of pushed for an overall 4.8 percent pay 89 to 76 after a hard fight, they proved the political aisle. raise, up to 10 percent for selected to everyone what they are capable of Mr. Speaker, I bring this photograph troops—a measure now being consid- accomplishing. After all, seven mem- of this Marine, who is getting ready to ered by Congress. And this would be bers of the young team’s ten man rota- deploy for Bosnia, because he rep- the largest military pay raise in al- tion are freshmen and sophomores, and resents 60 percent of the families in the most 20 years.’’ their starting line-up blows from the United States Armed Forces who are Now back to Elliott Bloxom: ‘‘We be- energy of three sophomores and one married. He has standing on his feet lieve that that amount of money, in freshman. his daughter Megan, and also in his addition to other services that we pro- Despite this relative lack of experi- arms he has his daughter Bridget. vide, should go a long way towards ence, the Gators finished their most According to a 1995 Pentagon study, solving the economic problems of some successful season in the school’s his- we have an estimated 12,000 military of our most junior people.’’ tory at 29 wins and only 9 losses.’’ families on food stamps. Mr. Speaker, I Tom Jarriel: ‘‘Not so says Congress- personally feel that one family on food man DUNCAN HUNTER,’’ one of our col- b 1700 stamps is one too many. It is unaccept- leagues on the floor of the House. Hopefully, all of these fine young able. ‘‘DUNCAN HUNTER says, ’I think our men will be back to lead the Gators to Last week I received a letter from military people have been betrayed. victory next season but for now last the Fleet Reserve Association endors- The pay raise will be 4.8 percent. The night’s game showed how far the Flor- ing this bill. I would like to read parts services are 13.5 percent below the pri- ida basketball program has come in re- to the Members. It is written and vate sector. We need at least another 8 cent years. The Gators made their first signed by the National Executive Sec- percent pay increase to close that pay Final Four appearance in 1994, and last retary, Charles Calkins. gap.’’’ night marked the school’s first title He wrote, and I quote, ‘‘The Fleet Re- Tom Jarriel: ‘‘As an 18-year member game appearance ever. No loss can pos- serve Association strongly supports of the House Armed Services Com- sibly take away from that great ac- your bill, H.R. 1055, the Military Fam- mittee, HUNTER’s district includes complishment. This team has spirit ily Food Stamp Tax Credit Act. The many of those on the food lines in Cali- and get up and go, and I know they will legislation would amend the Internal fornia.’’ use this experience to gain even more Revenue Code to allow a $500 refund- ‘‘DUNCAN HUNTER,’’ and I quote the ground in the future. able tax credit to certain low-income gentleman from California (Mr. Following the game, Florida coach members of the Uniformed Forces. HUNTER) again, Mr. Speaker, he says, Billy Donovan summed up his team’s

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1733 loss against Michigan State veteran be a truly balanced budget, and we are health and strength that they clearly senior players like this, he said, ‘‘You going to start paying down the ap- were the most powerful basketball have every reason to be proud of your- proximately $3.6 trillion that is owed team that I saw play. And I watched selves. You lost to a better team. Let to Wall Street. them play four or five, maybe six, this be a tremendous motivating expe- Let me go back to the total public seven times on television. So I would rience for you.’’ debt, $5.7 trillion. Of that $5.7 trillion, yield back to the gentleman from I would like to encourage all Gator $3.6 trillion is what we borrow from in- Michigan for a little bragging. fans to attend the celebration at 7:00 surance companies, from banks, from Mr. SMITH of Michigan. Mr. Speak- p.m. Thursday night at the O’Connell investors, all the Treasury bills that er, I thank the gentleman from Min- Center at the University of Florida you, I, investment firms, retirement nesota (Mr. GUTKNECHT). campus in Gainesville to pay tribute to firms decide to buy Treasury bills for. Mr. Speaker, anybody that would this fine team. They deserve all the That is $3.6 trillion. like to walk down the third floor cor- cheers and hurrahs they can get for Then we owe approximately $1 tril- ridor of the Cannon Building next to their remarkable record-setting sea- lion to the Social Security, Social Se- room 306, several of my staff are also son, and we in Florida always look for- curity money that over the years we from Michigan State. We have a Michi- ward to saying there will be a next borrowed and used it for other govern- gan State banner out there. Michigan year. Go Gators. ment spending. Then the rest is what State played an exceptional game. The Gators were good, but Michigan State f we owe the other 112 trust funds that we have in government. prevailed. Congratulations, Michigan BALANCING THE FEDERAL BUDG- Look at this chart just a second. This State Spartans. ET AND PAYING DOWN THE FED- is where we are going on reducing the Mr. GUTKNECHT. Mr. Speaker, I ERAL DEBT on-budget surplus. The on-budget sur- have to say, being a Big Ten fan from The SPEAKER pro tempore (Mr. plus was a negative and for the first Minnesota, having had a chance to HOBSON). Under the Speaker’s an- time ever there is going to be a real on- watch them all year, they were not nounced policy of January 6, 1999, the budget surplus. That means over and just a great basketball team but they gentleman from Michigan (Mr. SMITH) above Social Security, over and above were a great group of young men and is recognized for 60 minutes as the des- the rest of the trust funds, we are going really demonstrated what college ath- ignee of the majority leader. to have a real actual surplus and start letics is all about, and that is pursuing Mr. SMITH of Michigan. Mr. Speak- having a total reduction in the Federal excellence and they did it at every er, I ask everybody to sort of hold on debt. level. They clearly were the best team to their hats and prepare for a presen- I think one area that has not been in the NCAA tournament. There were a lot of great teams. I tation that could be a little boring but covered as much as it needs to be cov- congratulate the gentleman and all the very important to everybody’s future, ered is government waste. If you divide Michigan State fans, particularly the to the future of our kids, to the future up the $1.8 trillion that we are spend- of our retirees that have already players and coaches. ing every year by the 435 Members of Mr. SMITH of Michigan. Mr. Speak- turned past 62 or 65 and maybe gone on the House, 100 members over in the er, it is a good lesson for us. It is a Social Security, because what we do in Senate, there still is not enough people good lesson for Congress. If we have the this budget is going to make the deci- in government to keep track of all of will, if we have the fight, if we have the sion whether or not future generations that spending. intelligence and if we have the heart, have to pay huge amounts of tax to pay So what we have found and what we we can do anything we want to and in for our overspending in this genera- are starting to dig into on the Com- this case on the budget what we should tion, and it is also going to determine mittee on the Budget is to try to iden- be doing is making sure that we do not whether existing seniors might have tify some of the significant waste in pass on a huge debt to our kids and our their Social Security and Medicare Federal Government, and believe me grandkids. coverage reduced because of the unwill- there is a lot of waste. Our General Ac- We are from farming communities. I ingness of the President and this Con- counting Office now claims that five am a farmer. It is our tradition that we gress to face up to some tough deci- agencies are not capable of auditing be- try to pay down the mortgage; but in sions on keeping these programs sol- cause they do not keep good books. this government, what we have been vent. I would like to call on a colleague doing is adding to the mortgage that Let me start out with what is hap- that has been active in budget issues. we are going to pass on to our kids; and pening to our Federal budget. Our Fed- We also share two other committees. that is part of our discussion tonight. eral budget this year is $1.8 trillion. We are both on the Committee on Mr. GUTKNECHT. Well, pursuing The debt that we have accumulated so Science; we are both on the Committee that analogy, and comparing the far that we are passing on to our kids on Agriculture. The gentleman from youngsters who played for Michigan now amounts to $5.7 trillion. That com- Minnesota (Mr. GUTKNECHT) has been State Spartans and won the national pares to $1.8 trillion total annual one of the dedicated individuals look- championship, I think there are par- spending. ing at, and excuse the word, frugality allels. Essentially, a number of years Who is going to pay back this debt? in government spending, trying to be ago they set a goal. It was a big goal, It looks like every man, woman, and respectful of the tax dollars that Amer- and I suspect at the time they decided child in the United States owes now ap- icans send in for this Chamber to that one day they were going to win proximately $20,000 to accommodate spend. the national championship, if they the debt that has been run up in this Mr. GUTKNECHT. Mr. Speaker, will would have talked about that too much country. the gentleman yield? publicly a lot of people would have Congress has a tendency, a propen- Mr. SMITH of Michigan. I yield to laughed up their sleeves. sity, to spend because usually it is to the gentleman from Minnesota. I remember 6 years ago we had an the political advantage of Members of Mr. GUTKNECHT. Mr. Speaker, I election in this country in 1994, and Congress, it is to the political advan- thank the gentleman from Michigan that is when I and 73 of my colleagues tage of the President, to increase (Mr. SMITH) for yielding. came as freshmen Members of this Con- spending, to do more things to more Mr. Speaker, I must first of all apolo- gress and changed the leadership of people. So, therefore, when taxes be- gize. I made the gentleman from Michi- this Congress. For many years, the came a negative because people did not gan agree not to talk about what hap- Congress just, as a matter of fact pro- want to pay their taxes, we started bor- pened in last night’s basketball game; cedure, would raise the debt ceiling and rowing money. We have kept borrowing but I am willing to at least allow him spend more money than they took in. money. 2 or 3 minutes to talk about it because Some of us decided back in 1994 that we Now, for the first time we are start- I am a huge basketball fan myself, par- were going to run for Congress to make ing to reverse that course. Last year ticularly college basketball, and I pre- a difference, and that the idea of leav- we had a balanced budget for the first dicted early in the season that if ing our kids a debt which they could time in 40 years. This year is going to Mateen Cleaves came back in full never pay was just unthinkable.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1734 CONGRESSIONAL RECORD — HOUSE April 4, 2000 Coming from a farming background, 400 Federal programs, not only are we make sure we are going to pay down the history of this country and part of going to try to consolidate some of the debt, because that is the biggest the American dream was that one those Federal programs, we are going challenge that we have in a Congress would pay off the mortgage and leave to go one step further. We are going to that has found it to their advantage to their kids the farm. What we had been allow Americans to keep more of what spend more. doing as a country and what the Con- they earn and the earnings they get on Mr. Speaker, I yield to the gentleman gress was doing year after year after their investments. from Minnesota (Mr. GUTKNECHT). year was in effect they were selling the For example, we said we are going to Mr. GUTKNECHT. Mr. Speaker, I farm and leaving our kids a bigger take the capital gains tax rate and we thank the gentleman for yielding to mortgage. are going to cut it by over a third. We me. That is sort of where we were. We We reached a point, Mr. Speaker, and are going to cut it down to 20 percent. were at this mind-set that, A, we can- we need to go back to where we were in The cat calls that came from the gal- not control spending; and, B, we cannot 1994. We were quickly reaching a point leries on the House floor said we were allow Americans to keep more of what where interest on the national debt going to blow a hole in the budget. they earn. We certainly cannot balance was going to be the largest single entry That is risky tax scheme number one, the budget while we are doing those in the Federal budget. We were going and we have heard that every year. We two things. to be spending more for interest on the did lower the tax on capital gains. We have proven that, over the last debt than we were going to be spending Guess what? We actually raised more several years, that those things can be for all of national defense. revenue. done and, more importantly, that if we Mr. SMITH of Michigan. Just statis- We also said it is wrong to make fam- give Americans, business people, farm- tically, we brought down the interest ilies continue to pay more and more ers, average Americans, if we give on the national debt from about 18 per- and more, and we said we ought to give them the right incentives, they will do cent of the total budget down to ap- families a little bit of a break. Let us the right things. proximately 13 percent of the total have a $500 per child tax credit. Again, Unfortunately, and I say this back in budget. So we are on the right track. the calls of risky tax scheme and this my district, the unwritten rule of Mr. GUTKNECHT. We are making will blow a hole in the budget, then Washington for so many years was no enormous progress. Going back to this came choruses down upon us and they good deed goes unpunished. If one analogy about setting big goals, when said, wait a second, you are going to works, one gets punished. If one in- we came to town in 1994 a lot of people balance the budget while you are giv- vests, one gets punished. If one saves, in this town said we could not balance ing tax relief to the American people? one gets punished. If one creates jobs, the budget; we will be lucky if we can It cannot be done. one gets punished. just reduce the projected deficit. They Well, it can be done and it has been Look, the gentleman from Michigan were projecting deficits, and if anybody done. (Mr. SMITH) was just talking about the wants to check on this we will send Mr. SMITH of Michigan. Well, add to marriage penalty tax. I mean, how lu- them the information because the Con- that these other issues of tax fairness, dicrous, the fact that 21 million Amer- gressional Budget Office, after the I mean how do we have a Tax Code that ican couples in the United States are President submitted his budget early is fair enough that people respect the paying an average penalty of over in 1995, they said we were looking at government enough to fill out their in- $1,200; in fact I think it works out to deficits of $240 billion to $250 billion come taxes in the best possible way? about $1,400. The latest calculations, every year well into the future for; as So a couple issues that we brought up we have got 21 million American cou- far as the eye could see, we were look- this year is the so-called marriage pen- ples paying a penalty of $1,400 in extra ing at $200 billion deficits as far as the alty tax where government actually taxes just because they are married. eye could see. have a policy, the way they implement That is not just bad tax policy. It is Mr. SMITH of Michigan. Not only their taxes, that those individuals that not just bad family policy. It is fun- $200 billion but $200 billion plus what are working that are not married end damentally immoral. we were borrowing from Social Secu- up paying less tax than if they were to Much of what we are talking about, rity, because they were talking about a get married. So we not only have whether it is transferring the debt on total everything in, everything out at young couples that are encouraged by to our children and grandchildren or that time. the Tax Code not to get married be- whether it is taxing married couples Mr. GUTKNECHT. So literally we cause they end up being penalized by more than they would be taxed if they were talking about deficits of over $300 the Federal Government, but there are lived together without the benefit of billion. Actually, we are looking at seniors in my area of Michigan that marriage or whether we are talking deficits of over $350 billion in real question whether they should be mar- about a confiscatory tax on inheritance terms. That is how much we were bor- ried or just rather live together simply taxes, death taxes, I mean these are rowing from the taxpayers and from because their taxes would be less. We not just tax issues. They are really Social Security. And people in this have passed that bill now through the issues about fundamental morality. town said, well, we cannot balance the House. We hope it is going to move on. Mr. SMITH of Michigan. Morality, budget. Some of us said, and I will We hope the President will reconsider Mr. Speaker, that is right. never forget, one of the real, I think, and sign that legislation. Add to that What I would like to do with the gen- prophets of all of this was Congressman the legislation that we passed in terms tleman from Minnesota (Mr. GUT- Mark Neumann who came with me, of doing away with the penalty on sen- KNECHT) is play a little game here. I served on the Committee on the Budget iors that decide to keep working. have come up with some specific items and he was one of the first to say, just that are wasteful government spend- listen, if we just simply slow the rate b 1715 ing, fraud, abuse, waste in government. of growth in Federal spending to So we have lifted the earning limits Maybe we will just take turns. I will roughly the inflation rate we cannot on seniors that decide that they want come up with one, then the gentleman only balance the budget in less than 7 to keep earning because they want from Minnesota can come up with one. years, we can begin a process of actu- some additional income, or they want Then I will come up with one. This will ally paying down the debt that is held to pass additional income on to their just give the listeners, Mr. Speaker, by the public. kids and grandkids. some idea of the tremendous waste Talk about big goals, talk about ri- But right now we discourage them that happens when we have a bureauc- diculous dreams. A lot of people in this from working, from continuing to work racy that is so huge, that is so gigan- town said we could do that. Then we and pay taxes, simply by penalizing tic, so big. went further, though, and if we remem- and taking away part or all of their So- Mr. GUTKNECHT. Mr. Speaker, will ber one of the other things we said not cial Security benefits. Now we have the gentleman yield just for a moment only are we going to dramatically slow moved ahead with those changes. to sort of set this up? the rate of growth in Federal spending, So I think tax fairness has got to be Mr. SMITH of Michigan. I yield to not only are we going to eliminate over part of the debate. We have got to the gentleman from Minnesota.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1735 Mr. GUTKNECHT. Mr. Speaker, now wanted to set this up because there are In order to do that, the EPA con- we are at a point where our colleagues people already saying, well, we cannot structed 10 custom homes at a total are once again saying it cannot be limit the growth in Federal spending to cost of $6.5 million. That is for 10 done, we cannot limit the growth in only 2.2 percent next year and 2.9 per- homes. One modest home valued at Federal spending. I am going to come cent over the next 5 years. That cannot $141,000 was demolished and replaced back to a chart that the gentleman be done. Well, the truth of the matter with a customized replica at the cost of from Michigan has got up right now. is it can be done. It must be done. $422,000. Another house valued at Mr. SMITH of Michigan. If the cam- If we begin to do our work as Mem- $161,000 was replaced with a replica eras can focus on this chart. bers of Congress, whether we are on the costing almost a million dollars. Mr. GUTKNECHT. Mr. Speaker, it Committee on Budget, the Committee It is a government that, when it does tells a wonderful story. It is a story on Appropriations, or on any of the not come out of one’s own pocket, that I do not think most Americans policy committees, and we begin to ac- when one is simply there spending understand or realize or even believe. tually get inside the Federal budget, do some other people’s money, one is more I started telling the story last year. I the oversight responsibility that the generous. In fact, probably when we ne- was out in front of a group, and I am American people expect us to do, we gotiate with many of these contrac- telling them about, for the first time, are going to find a whole lot of waste, tors, the contractors are willing to we are actually balancing the budget, fraud, and abuse. stay there all night getting the best we are paying down debt, and we are Just finally to say this, we asked the deal. Government employees too often going to provide them some tax relief General Accounting Office and the Con- want to go home at 5 o’clock, so they while we are strengthening Social Se- gressional Budget Office as well as close the deal, and it is the taxpayers curity. They all looked at me and said, staffers from the House Committee on that usually suffer. yeah, right. I thought about it for a Budget to do, really, a relatively quick Mr. Speaker, I yield to the gentleman minute; and if I had been them, I would research of some of the waste that is in from Minnesota. not believe it either because it is some- the Federal Government today. After Mr. GUTKNECHT. Mr. Speaker, this times hard to believe. But let me give their very short review, they came up really runs across every department. my colleagues a couple of statistics. with over $19 billion. We are not going to pick on just one Mr. SMITH of Michigan. Mr. Speak- Now in Washington, we kind of let program or one department. But in er, I would like to call to the Speaker’s millions of dollars sort of fall off the 1997, the Education Department paid attention and everybody’s attention table, but a billion dollars gets our at- 102,000 students Pell Grants totalling that this actually is a chart developed tention. So in their very quick study, $109 million in overpayments. The by the gentleman from Minnesota. we came up with over $19 billion worth Mr. Speaker, I yield to the gentleman audit also found that 1,200 students of waste. We are going to talk about from Minnesota. falsely claimed veteran status to in- Mr. GUTKNECHT. Mr. Speaker, if some of those examples. crease their eligibility to the program, people listening to this discussion to- Mr. SMITH of Michigan. Okay. Here that costing taxpayers an additional night will remember only a couple of is some of them. What we are going to 41.9 million. numbers, I hope they will remember do with the gentleman from Minnesota, Let me just add about the Depart- these: in fiscal year 2000, which we are first Michigan will come up with a ment of Education, and I think every currently in right now, the Federal waste-in-government example. Then we taxpayer should be outraged by this, Government will spend $1,780 billion. will pass it to the gentleman from Min- and we in Congress are not doing our All right. What we are proposing next nesota. We will go back and forth a few job in terms of oversight, because for year under the House resolution which times. the second year in a row, we have a $37 we passed a week and a half ago, we are Number one, the National Park Serv- billion agency who, according to our proposing to spend $1,820 billion. That ice spent $1 million to build an out- own auditing team, the General Ac- is total Federal spending. house at Glacier National Park in Mon- counting Office, says that their books Sometimes this gets confused with tana. It is 6.5 miles from the nearest are ‘‘unauditable.’’ Now, could my col- domestic, discretionary, and entitle- road, a climb of 700 feet. It took hun- leagues imagine a corporation of any ment spending and mandatory spend- dreds of horse trips and more than 800 size, particularly a $37 billion corpora- ing; and there are a lot of different cat- helicopter drops to get the construction, where, for 2 years in a row, their egories. But in total spending, let us tion materials to the site. Amazingly, books were unauditable. look at it this way: last year we are it is adjacent to two privately operated Mr. SMITH of Michigan. Mr. Speak- spending $1,780 billion. Next year we chalets which taxpayers recently paid er, that same report said that the agen- are going to spend $1,820 billion. What $3 million to renovate. It is one exam- cies were unable to account for over that works out to is a 2.2 percent in- ple of waste, fraud, and abuse. $800 billion, unable to account for $800 crease in total Federal spending. Mr. Speaker, I yield to the gentleman billion in government assets. Now, as that chart demonstrates, as from Minnesota. Mr. KINGSTON. Mr. Speaker, will my colleagues look at our projected Mr. GUTKNECHT. Well, Mr. Speaker, the gentleman will yield? spending over the next 5 years, we are another example that was in the GAO Mr. SMITH of Michigan. Certainly. I talking about total Federal spending audit that talked about, once again, yield to the gentleman from Georgia. increases of about 2.9 percent per year. the Defense Department, we have heard Mr. KINGSTON. Mr. Speaker, the Now, the Bureau of Labor Statistics, as about hundred-dollar hammers, well, biggest problem we are up against real- it says on the chart, projects that the they had an example where the Depart- ly I think is this unaccountability. The average family budget over the next 5 ment of Defense was spending over $50 fact that they cannot be audited is typ- years is going to go up 4.6 percent. for set screws which one can buy at the ical. But beyond that what we are say- So literally for the first time I think local hardware store for 57 cents. It ing is private businesses and mom and in my adult lifetime, we are looking at happens even today. dad back home know where every Federal budgets that are going to grow Mr. SMITH of Michigan. Mr. Speak- penny is because they work hard to at slower rates than the average family er, in Lansdown, Pennsylvania, when earn it. Government thinks it comes budget. That means that, gradually, we dozens of homeowners learned that from the sky. are allowing families and the American their homes built in the 1920s had been An example of waste that this Repub- economy to sort of catch up. That is a constructed using materials contami- lican conference actually has corrected wonderful thing because we know that, nated by radioactive radium and now was that the supplemental secu- if we allow families to keep more of therum, the EPA got to work decon- rity income, it pays people of disability what they earn, they will spend it a taminating some properties and demol- kind of a little sustenance, but we were whole lot smarter than the people in ishing others. Some residents wanted paying it, the Department of Justice Washington will spend it on their to stay. was paying it to people who were in behalves. So rather than pay market value for prison. That is where it gets back to this dis- contaminated homes, the EPA agreed Now, one is not supposed to be eligi- cussion about waste, fraud and abuse. I to build replicas for the homeowners. ble if one is in prison. So to determine

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1736 CONGRESSIONAL RECORD — HOUSE April 4, 2000 if one was eligible or not, what did the The real issue is this: we know that two very important points. Number Gore-Clinton team do? They left it up individuals are much more careful one, many of us came to town to cut to the convicted criminals who were al- about how they spend their own money spending and put some common sense ready in jail. So they are supposed to than how people spend somebody else’s back into our spending process, and yet say, hey, I am in jail for 30 years, you money. Now, we have a responsibility, it seems like the government is always all are sending me this check. But do and I think we have done a pretty good fighting us and resistant on that. It is you know what, I am going to send this job up to this point, but there is still a a little disappointing, though, just at back to you because Al Gore told me whole lot of waste, of fat, of misappro- large, outside of Washington, that now this is the right thing to do. priation of money here in the Federal we have a surplus and everybody wants It is absurd. But this is the culture Government. to spend it rather than return it to the we are up against. If we continue to apply the kind of taxpayers. Mr. SMITH of Michigan. Mr. Speak- oversight on the Federal budget and I think about the middle class tax- er, it is the kind of testimony we heard among the departments and continue payers I see every Monday and Friday in the Committee on the Budget where to try and ring out that fat, I think back home in the car pool line. These individuals that were receiving a check that most Americans, most people be- are people who drive two or three extra from SSI, supplemental security in- yond the Beltway believe that we could blocks if they can save 2 cents a gallon come, that were alcoholics or addicted, easily take another 10 percent out of on gas that they pump themselves. the check had to go to a third party. the Federal budget today without any- These are people who do not buy new What we found out in testimony that, body really feeling the pain. clothes unless the clothes are on sale. often, the third party was the bar- My daughter has a big senior prom b 1730 tender. So it should make us very nerv- coming up, and she tried on three ous as to the way we spend taxpayer There is an awful lot of waste in this dresses the other day and asked me dollars. Federal budget. So we need to con- which one was the prettiest. Well, they Our Committee on the Budget is tinue. all looked pretty on her, but I wanted looking into some fraud, waste, and And I want to thank the gentleman to know which one was the cheapest. abuse. We are looking into the kind of for having this special order. There are As a 16 year old, that was not her high- oversight that Congress has got to be lots of examples. We should be doing est priority, but I have three other kids more diligent of. this every week to call to the attention I have to allocate things for. I will read one more on the Pentagon. of our colleagues and to the American And that is the problem with the We want a strong military; but here people that there is an awful lot of government. They are always into aes- again, a tremendous amount of waste waste still in the Federal budget and thetic; what is the nicest. They do not in the Pentagon. The Pentagon had to that we can, with proper oversight and ever ask the other question; what is report as missing two $4 million air- doing the job that the American people the cheapest. craft engines, two of them that they sent us here to do, we can balance the Americans buy shoes. I like to jog, could not find; $850,000 tugboats; and a budget, we can pay down debt, we can and I need to jog more, but I can al- $1 million missile launcher. When the strengthen Social Security and Medi- ways buy the cheapest shoes when they GAO auditor was there, they could not care, we can do all of that and provide are discontinued. And they are just as find them. They did not know where tax relief, if we continue to squeeze good, but it is last year’s model. And if they were. more of that fat and waste out of the Americans go through that all over Somehow we have got to do a more Federal budget. this country, why can we not do that in diligent job of protecting taxpayer dol- I think these special orders are a this little tiny area that we call Wash- lars. Part of that I think that is a giant step in that direction. So I con- ington, D.C.? Another troubling thing is that we, huge, giant step forward is the decision gratulate my colleague from Michigan. as Americans, do not lose our money. that we made a year and a half ago not We continue to set big dreams and big But, and just as an example, the IRS to spend any of the Social Security goals, but I think if we work together only collects 11 percent of over $222 bil- surplus for other government pro- we can make those dreams become re- lion which is delinquent. That is $222 grams. That is a very good start that ality. Mr. SMITH of Michigan. I thank the billion. That would pay for a tax reduc- moves us down the road of making tion. That would pay for a new school gentleman from Minnesota, Mr. Speak- some of the decisions to make sure program. That would pay for all kinds er. It is going to be a challenge. that we save and protect Social Secu- of other things that could be very help- I think, Mr. Speaker, everybody rity. ful for people. Mr. Speaker, I yield to the gentleman should know the controversy that we The U.S. Marshals Service was un- from Minnesota (Mr. GUTKNECHT). are now talking about in terms of able to locate 2,776 pieces of property Mr. GUTKNECHT. Mr. Speaker, I am whether or not we get some of this sur- worth over $3.5 million. That was ac- going to have to leave. I will leave it to plus money out of town. The surpluses cording to the suspicion audit in 1997. the gentleman from Michigan (Mr. coming in are significant. There is In addition, the agency’s inventory SMITH) and the gentleman from Geor- going to be an anticipated surplus of contained nearly 5,070 different items gia (Mr. KINGSTON). But I just want to $26 billion this current fiscal year for valued at over $4 million that were un- say that we are going to continue to on budget; an estimated surplus this used. hear these shrill calls from some of our year of $153 billion in the Social Secu- Now, imagine going out and buying colleagues that we cannot balance the rity Trust Fund. something that you keep in your ga- budget, we cannot save Social Secu- The challenge has always been what rage and saying, listen I have so many rity, we cannot strengthen Medicare, do we do with that money. Some of us things I cannot even use but I bought we cannot pay down debt and provide are saying we should be paying down them because the money was appro- tax relief for American families. It the debt; some say we should have a priated to me. That is ridiculous. And simply is not true. The reason is, there bigger tax increase. But the challenge the examples just go on and on and on. is still an enormous amount of waste is, and there is no question in my mind Mr. SMITH of Michigan. Well, I have and mismanagement. after looking at what has happened in a couple more in front of me. Approxi- They will say and they have said and the debate between Democrats and Re- mately 26,000 deceased persons received will continue to say that it is a risky publicans over the last couple of $8.5 million in food stamps, and that scheme to allow American families, months, that if we do not get some of was another GAO finding. American business people, American that money out of town, if we do not Mr. KINGSTON. If they were the farmers, American couples to keep get some of that money locked up, then Democrat dead, particularly in the Chi- more of their own money. Well, I sub- it will be spent. That is the danger. cago area, they were probably still vot- mit that it is a risky scheme to allow I yield to the gentleman from Geor- ing, so maybe they should be getting government to keep more of that gia, Mr. Speaker. entitlements. money because we know what govern- Mr. KINGSTON. Mr. Speaker, I think Mr. SMITH of Michigan. Here is an- ment will do. the gentleman from Michigan made other one. SSI fraud exceeds $1 billion

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1737 a year, including a convicted murderer, always issues where there were Demo- simple idea of private property rights. who received more than $75,000 in SSI crats versus Republicans and urban So this bill would take the Social Se- disability during his 14 years on death versus rural. It was kind of like At- curity surplus, whatever that happens row. lanta versus the rest of the State. to be, and simply rebate it back to the Look, we can give lots of examples, Many issues fell along party lines or people paying social security taxes. and we need to dig into it more, but geographical lines, but still we came Not to go out and fix up the car or buy part of the danger that I see is the bu- together on other issues that were cen- a refrigerator with, but instead to go reaucracy, number one, has gotten so tral to the well-being of the State of into their own personal Social Security big. The oversight of the legislative Georgia, like education or health care. savings accounts that would be held by branch over the administrative branch I assumed, naively, when I came to a fiduciary. is diminishing as we put more of our Washington, that we would have a few Mr. SMITH of Michigan. So, in effect, spending programs on automatic pilot. issues that, obviously, we could have it is almost like a tax cut. Because it The entitlement programs. real philosophical debates on, and then is saying, look, here is some of the tax The two financial challenges facing just basically partisan-based debates. money sent to Washington. We will this Congress are certainly Medicaid- And that is part of politics. But what I send some of it back. It goes into a per- Medicare and Social Security. They are did not know is that even the more sa- sonal savings account where the indi- not solvent over the next several years. cred issues, such as Social Security, vidual will have control; where if that The Social Security Administration such as defense, such as Medicare, person dies, unlike Social Security and and the Medicare actuaries and trust- would become partisan. And this is to- they do not get anything, this is part ees just gave a report this past week. tally contrary to what I believe Amer- of the estate. They suggest because of good economic ican seniors want. Mr. SANFORD. And what is inter- times there is going to be a little extra There is nothing partisan about esting is, not unlimited control. A lot money coming in in the short run. somebody on a fixed income in their of people rightfully are concerned But I would just like to stress that golden years who needs health care. about will Social Security money be because the benefits that will eventu- Nothing partisan about that whatso- there when they retire. This money ally come to those people that are ever. Yet here it does seem like it is would be held by a fiduciary so individ- earning money, because benefits are often the President trying to get one uals could not get their hands on the based on how much our earnings are, up on Congress in order to embarrass money until they turned 65, but they that means that the outgo from Social us. Yet, I think our attitude has always would at least get a monthly state- Security eventually is going to be been, look, we want to work to solve ment and know to the penny how much greater. So the economy, without these problems. We do not want par- money was in the account. By doing structural changes in the program, is tisan politics over Social Security. It that, I think for the first time we not going to keep the program solvent. is too important. would be creating a fire wall between That is the challenge. Mr. SMITH of Michigan. Mr. Speak- Social Security money and political One of the disappointing things to me er, one of the people on the firing line, forces in D.C. in my last couple of years has been the on the front line on Social Security, To give my colleagues an idea of how unwillingness of the President to give has been the gentleman from South this would work, last year, through the some leadership to some of the tough Carolina (Mr. SANFORD), and the gen- unified budget, Washington borrowed decisions. And I would just like to tleman has joined us and I yield to the $100 billion from Social Security. It make it very clear on Social Security him. was replaced with nonnegotiable U.S. and Medicare that the longer we put off Mr. SANFORD. I thank the gen- treasuries, as we both know. Now, that the solution, the more drastic those tleman, Mr. Speaker, and I just wanted cushion of $100 billion went to addi- changes are going to have to be. to add my two cents. tional spending. If that same $100 bil- So I say to young people, Mr. Speak- I was hearing a very interesting con- lion had been housed in personal Social er, it is their future at risk and their versation really built around one sim- Security accounts across this country, taxes at risk. And if we do not make ple thought, and the simple thought and Washington bureaucrats overspent those changes, then within 40 years the that I heard both gentlemen talking to the tune of $100 billion, then said, estimate is that payroll tax, what is about was if the money stays in Wash- Look, we are going to need to borrow taken out of every dollar earned, in ad- ington we will find a way of spending some Social Security money. Imagine dition to the income tax and every- it. So what I think is interesting is one they said to the gentleman from Michi- thing, the FICA tax, the payroll tax, is of the latest things we have been work- gan, You are a great patriot. Your going to grow from the existing 15 per- ing on on the Social Security front, share of our overspending will be cent up to 40 percent. and again the gentleman from Michi- $473.27. Would you mind cutting a And let me just call to the attention gan is a co-sponsor of this bill, is a sim- check out of your personal Social Se- of the seniors what the government did ple idea called the personal lockbox curity account back home and sending in 1997, what it did in 1987, and again in bill. it to Washington? I can only imagine 1983, when they were short of funds in Republicans in the last session of the reaction of the gentleman, as I can those programs. They reduced benefits this Congress passed the idea of a imagine the reaction of a lot of other and increased taxes. lockbox, of really locking down Social folks. I yield to the gentleman from Geor- Security surpluses. Because the first So the gentleman is exactly right. In gia. part of saving Social Security is mak- other words, this is, A, like a tax cut in Mr. KINGSTON. What is dis- ing sure that social security taxes stay that it gets the money out of town; appointing, as much work as the gen- with Social Security. Not enough to fix but, B, it is in an awfully safe place out tleman has done on Social Security, it, not nearly enough as, for instance, of our hands. and many people have, last year, in what the gentleman’s plan does with Mr. SMITH of Michigan. It strikes 1998 that is, the Social Security Ad- Social Security, again, we have to go a me that property tax has been lowered ministration spent erroneously $3.3 bil- lot further than this down the road to pretty much all across the country be- lion in supplemental Social Security truly save Social Security, but a very cause taxpayers have had to reach into income overpayments, $3.3 billion to modest first step is simply making sure their own pockets at tax time and pay people that were not eligible for the that social security taxes stay with So- that property tax. The result has been money. I would like to think my grand- cial Security. outrage by a lot of taxpayers the way mother’s money is going to be spent Presently Congress can be endlessly property tax went up, and so it was re- out very carefully and guarded very creative in emergency spending and a duced. carefully, yet they squandered $3.3 bil- lot of other designations and basically What do my colleagues think would lion of it. peeling the lid off the lockbox and find- happen if individuals, if there was not On this subject, what I want to say I ing ways to reach in. So this bill says payroll deductions and individuals had am disappointed about is that I served the one thing that in the long run will to reach in their pocket April 15, and in the State legislature, and there were protect Social Security surpluses is the people are filling out their taxes now,

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1738 CONGRESSIONAL RECORD — HOUSE April 4, 2000 if they had to go into their pocket and and our loved ones and our grand- Carolina (Mr. SANFORD), I think what pay all of the Federal income tax? parents, you would have, like you is another positive of this approach or They would raise holy heck, I guaranty would in a private pension fund, your an approach to start some kind of a my colleagues. But I just urge that own account, and that money could not pilot program that I am introducing is taxpayers start looking at their W–2 be dipped into either. to get our foot in the door, to give forms, looking at the amount that is So what the gentleman is suggesting some possession of that Social Security deducted from their paychecks on a is not only a vault for the big account, money that is being paid in back to the weekly, biweekly, monthly basis that but then a bunch of individual vaults taxpayers, the workers of America that is coming to this Chamber, to the Fed- with individual keys, so it would be are paying it in. eral Government, so other people can that much harder for Congress to irre- Let me just reinforce the positive as- decide how to generously spend their sponsibly break into this big vault of pects of the gentleman’s proposal, my money. money and start spending it on roads proposal, referring to what a couple of Mr. SANFORD. And I would just ask and bridges and other needs. the Supreme Court decisions have the gentleman to yield for just two Mr. SANFORD. Mr. Speaker, the gen- been. Two Supreme Court decisions more seconds worth of time to say, and tleman from Georgia (Mr. KINGSTON) is have now said there is no connection, I think the gentleman’s expression was right. To the Republican Caucus’ cred- there is no entitlement to anybody re- to raise holy heck, or something along it, they created a lock with one big ceiving a Social Security benefit. The those lines, in terms of voter outrage. vault; the problem is, if you happened taxes that are paid in, the Supreme I would just ask folks to do that with to find the key, you can get into it. Court said, are simply another tax; the regard to this simple idea of a personal And as the gentleman correctly point- benefits from Social Security are sim- lockbox. ed out, if you got this into 70 million ply another program that Congress and To the gentleman’s credit, he is a co- different vaults, you may find one key, the President have decided on, so there sponsor on this bill, and I have not but you are not finding all 70 million is no right to Social Security benefits. talked to the gentleman from Georgia keys. It seems to me like Americans should yet about the bill, but I would suggest And the gentleman raised another in- be saying in this election to their can- to taxpayers that they ask their rep- teresting point, which is, in the cor- didates that are running for Congress, resentative to sign onto this bill, be- porate world, if we did what we are to the presidential candidates, look, cause I think it is a very modest first doing at the Federal Government, and what are you going to do about Social step not towards saving Social Secu- not the three of us, but what the Con- Security? I do not want just words that rity but towards saving the Social Se- gress as an institution, what the Fed- say, boy, Social Security is important; curity surplus, which I think again is a eral Government overall is doing, you we have to put it at the top of our list. first step in that direction. go to jail based on Federal law, and, How are you going to keep Social Secu- that is, via the unified credit, we bor- b 1745 rity solvent? How are you going to row from our retirement reserves to make sure that future Congresses, Mr. SMITH of Michigan. Mr. Speak- pay for the current operations of gover, there is $153 billion extra coming in when they start running short of ernment. If you borrowed from your re- money, are not going to again reduce this year for the Social Security sur- tirement reserves in the corporate plus, and anybody that is nervous benefits and increase taxes like they world to pay for the current operations did in 1977, like they did again in 1993? about government spending, and I refer of the company, you go to jail based on Mr. SANFORD. Mr. Speaker, the gen- to this chart, what we came up with is Federal law. saving 100 percent of the Social Secu- Mr. KINGSTON. Mr. Speaker, if the tleman raises a very interesting point, rity surplus; but what the President gentleman will yield, under this sys- and, that is, the thing to remember sent us on a budget is only saving 62 tem, would I get a monthly or an an- about what we are talking about here percent of the Social Security surplus. nual statement that shows how much I is that last year about $400 billion in There is the long arm of the taxers have in my own retirement account? Social Security taxes came to Wash- and spenders that would like to come Then let us say mine says I have $38,028 ington, about $300 billion we were re- up with more programs, doing more in mine. If the government raided that quired to pay for current retirees, my good things for people. I think anybody account, would my next statement grandmother, maybe the gentleman’s that thinks that this Chamber is going show that my $38,000 had fallen to mother, I mean different folks out to be more frugal as they need to be 35,000? there. And about the other $100 billion with your tax dollars is mistaken. We Mr. SANFORD. Mr. Speaker, yes, is what is called the Social Security have to find some way to lock it aside; that is one of the important points surplus, and all this particular bill gets and not spending the Social Security about a personal account which the bill at is that $100 billion, rather than trust fund is a good start. of the gentleman from Michigan (Mr. being borrowed by the rest of government, it would go into these personal I yield to the gentleman from Geor- SMITH) does, again, which is actually gia (Mr. KINGSTON). reforming Social Security which is accounts; but what we are not talking Mr. KINGSTON. Mr. Speaker, if the what has to happen in the long run. about is that other $300 billion that gentleman will yield, I wanted to ask This very modest step, you never have currently goes to pay for retirees the gentleman from South Carolina $8,000, because it only deals with the across America. (Mr. SANFORD), just to kind of reit- Social Security surplus; but what it Mr. SMITH of Michigan. Mr. Speak- erate, as I understand it, what the gen- would show is the point that you raise, er, as we start wrapping up this 1-hour tleman is saying. We have this big So- which is, right now one of the reasons session, the gentleman from Georgia cial Security trust fund, right, kind of it is so easy for government to borrow (Mr. KINGSTON) is the chairman of our a general pot of money. Now, in the Social Security money is that nobody communications effort in the Repub- private sector, you really do not com- has any clue as to what they sent in licans in Congress, and I think that is bine all the retirement plans into one over all the years they have been work- so important, because generally Repub- jumbo plan, I have my account, the ing in Social Security taxes, and, as a licans have been very good on policy. I gentleman from South Carolina (Mr. result, if you do not even know how think our marketing has been a little SANFORD) has his and the gentleman much you have got in your account weak. We look to the gentleman for from Michigan (Mr. SMITH) has his, and town, it is very easy to borrow. guidance on that marketing. what the gentleman is saying is let us If, instead, you knew to the penny I yield to the gentleman from Geor- have it both ways, let us have the big how much was in your account, imme- gia. account roped off so we cannot get to diately you would detect borrowing Mr. KINGSTON. Mr. Speaker, unfor- it, any future Congress cannot touch it; and, again, help to create some kind of tunately, one of the gentleman’s big- but, in addition, for the individual tax- political firewall between political gest problems is that the communica- payer, myself, the gentleman from forces in D.C. and this money. tions channel, i.e. the major networks South Carolina (Mr. SANFORD) and the Mr. SMITH of Michigan. Mr. Speak- are not going to give Republicans a fair gentleman from Michigan (Mr. SMITH) er, I say to the gentleman from South shake.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1739 Last week, as the gentleman knows, ‘‘fund’’ was, moved back from about commitment to have a citizen legis- we had Bob Dole who spoke to our com- 2034 or so to 2037, something along lator on his term limits that he has im- munications group, and he said that 68 those lines, but moved back a couple posed on himself and is leaving after percent of the single candidate cov- years. People say, that is way down the this term. It would be so good if we erage in his presidential bid that was road. I do not need to think about it. can, at least, move a little bit in the only on Bob Dole was negative, but 67 The more interesting number is, direction of accountability and having percent of the only Bill Clinton news when does Social Security begin to run some kind of personal accounts. was positive. shortfalls? In other words, when is I chaired the Social Security Task Now, one just cannot go up against more money going out of the system Force, bipartisan. It is interesting that those odds. The other day, AL GORE, than is coming in? And that number we agreed on 18 findings. I think we are here is a guy that invented the Inter- was moved from about 2012 to about coming closer. I think the Chamber is net; here is a guy who goes to the Bud- 2015 in what they call the intermediate realizing more and more, simply be- dhist temple, comes back, shakes set of assumptions. And if we look at a cause the people of America are insist- downs these Buddhist monks, sworn to worst-case scenario, it is about 2008 or ing that we face up to some of the poverty, for $300,000, does not recognize so, which is only 8 years away. tough problems, that we get rid of the it as a fund-raiser, and says he is one of This is an issue that we have got to partisan bickering, and that we deal the more intelligent of the presidential deal with now. And I think that some with the problems of Social Security, candidates. He said the population of in the administration are saying hear Medicare, and education. America is 250 million people; there- no evil, see no evil, speak no evil; and We have decided in this budget that fore, we need sampling for Census as a some in my own party are saying that, education is going to be one of our top way, instead of head-by-head count, he as well. It is something we can worry priorities. We have increased the wants to guess at it. about later on. money for IDEA and other education Well, the interesting thing is he said It is so long to look at that 2030- provisions. Because, look, the problems it was 250 million people. The popu- something number, and here is why. If we are running into Social Security lation of America is 274 million. He was we would imagine a family that lived and Medicare, if we do not have a top- 24 million people off. in Michigan or lived in South Carolina notch educated workforce in this coun- Now, if Dan Quayle had said that, we or lived in Georgia that saved $100 a try, then we are going to lose out to would bet that the national media month every month towards their re- other countries of the world. would have had a heyday. But since it tirement, clearly, at the end of the Mr. Speaker, I would ask the gen- was AL GORE, one of their own, they year, they would have $1,200 in their re- tleman from Georgia (Mr. KINGSTON) if were not going to worry about it. tirement account. he would like to make a final state- So a lot of the problems that we are Now, this family also loved to take a ment. up against is we cannot get our mes- cruise every year. So they would go Mr. KINGSTON. Mr. Speaker, let me sage out when we have an unwilling over to their retirement account jar, encourage both of my colleagues to messenger, and that bias of the major they would take the $1,200 of real cash keep up the good work on Social Secu- networks or some of the newspapers is out, they would write themselves an rity. But, also, let us continue to ferret that way. IOU, put back the IOU in the jar, say- out the waste and fraud in government That is why I get down on my knees ing, we owe our retirement account and try to do a better job for the hard- and thank the Lord for C-SPAN be- $1,200. working American people. Put common cause people can hear things; and if At the end of 40 years, that family sense in the process. they do not like me for my own merits, would have some wonderful memories which I am sure many do not, that is in terms of great cruises that they f fine; but at least they do not have to took. But in terms of retirement secu- b 1800 have Dan Rather interpret it for them. rity, they would not have a whole heck EDUCATION Mr. SMITH of Michigan. Mr. Speak- of a lot because they would have a jar er, reclaiming my time, I think prob- filled with IOUs. And in retirement, The SPEAKER pro tempore (Mr. ably one thing that disturbs a lot of they cannot spend IOUs. If they go SIMPSON). Under the Speaker’s an- Americans that observe this Chamber down to the drugstore or the grocery nounced policy of January 6, 1999, the is the partisanship between one side of store, they will not take an IOU. They gentleman from North Carolina (Mr. the aisle and the other. Somehow we want cold hard cash. ETHERIDGE) is recognized for 60 min- have got to figure out a way to reduce So what we have to look at is, the utes as the designee of the minority that partisanship. Somehow we have way our present system is configured leader. got to find a way to communicate the with this odd notion of a trust fund, we Mr. ETHERIDGE. Mr. Speaker, I rise whole truth, and nothing but the truth, are really misleading the American today to speak about one of the most to the American people. public because that money is borrowed; critical issues facing our Nation today, I think information technology, I it is spent by the rest of government; and, that is, the education of our chil- think the Internet, I think some of the and all we have in its place is this IOU. dren. As a former superintendent of my talk shows are going to be the way that We cannot spend money twice. We State’s schools for 8 years in North we are able to communicate exact in- may try to in Washington, but gravity Carolina, I know firsthand how impor- formation. But if we are going to solve dictates that we cannot. So it is important it is and I know about many of the some of the tough problems, there is no tant that we not get lulled into com- amazing stories, wonderful stories that question that Republicans and Demo- placency thinking about 2030-some- have occurred and are occurring every crats and the President, whichever side thing and look at how immediate this single day in our public schools. Too of the political fence he might be on, problem is. That is why I again would many times we hear about the prob- are going to have to work together to commend the gentleman for what he lems, and we do not hear about the suc- solve the tough problems of Social Se- has done on this subject. cesses. We tend to want to talk about curity and Medicare. Mr. SMITH of Michigan. Mr. Speak- those problems and not acknowledge Mr. SANFORD. Mr. Speaker, if the er, maybe we have made a significant that the majority of our children are gentleman will continue to yield, I difference in our yelling and screaming good youngsters, they do a good job, would just say, following up on the and getting on our soapbox and saying they work hard, our teachers are work- need to be bipartisan, if there is ever a we have got to be fiscally responsible, ing hard and they deeply care about need that we need to move off dead because even now the Democrats are the young people they work with. Just center on, it is this one. saying we should not spend the Social this past weekend, I had the oppor- It is interesting, there was a report Security surplus, a huge change from tunity to be with almost 100 of them in this week that basically looked at the where we have been for the last 40 a group in North Carolina, and I will insolvency date, if you will, of Social years. talk about that again in just a few Security. And what the report showed I know the gentleman from South minutes. But I would say to my col- was that the actual insolvency for the Carolina (Mr. SANFORD) is keeping his leagues that if America is going to

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1740 CONGRESSIONAL RECORD — HOUSE April 4, 2000 seize the opportunity of this new econ- is important when the toilets do not the teachable moment, when the child omy we talk about, the digital age that work in the bathroom? How do you tell really gets turned on to learning. we are entering, Congress must provide them education is important when all As I met with those roughly 80 to 90 some national leadership in this most they have in the classroom on a fairly students this weekend and we were vital effort. Too many times we say, regular basis are substitute teachers talking about school violence, one of well, it really is not a national issue, because they do not have enough reg- the issues they talked about was how we ought not to get involved in it, we ular teachers in the classroom for a va- do we get smaller class sizes, how do ought to be doing something else, and riety of reasons. We are not paying we get in a class where we really know education is important but it ought to them enough, we are not attracting that our teachers care and gives us the be left here or there. them, we are not making the quality of time? We know they care about us but The truth is it is all of our respon- where they work and that is where she has so many students to take care sibilities, Federal, State and local, and teachers work and students learn and of, she cannot give me the individual having been at the State level as a work. They have to be quality facili- attention that I need. county commissioner prior to being a ties. That is important. These were some pretty bright stu- State legislator and a superintendent, I You can say, That isn’t the most im- dents, as are most of our students, but can tell my colleagues that the bulk of portant thing. I would say to you if you there are some who need that special the money continues to come from the look across this country at what we attention to catch up and to keep up. local and State level, it always will as value, we normally have nice buildings, Not all of us learn math as fast as oth- it should and the decisions by and large the buildings that we value. They say a ers. Not all of us do as well on composi- will be made there. But if we had not lot about what we care. Young people tion. So there are a lot of ways that we had programs at the Federal level for can pick that up very quickly. need it, but if we have smaller class children with special needs, then they My colleagues and I who are partici- sizes, we can do a better job for our would not be taken care of the way pating in this 1-hour special order this children. I happen to believe we do a they are today and we still are not evening, we happen to have, I think, a better job for ourselves because the in- funding that adequately. There are a better idea. We want to invest in a na- formation age of the 21st century is lot of other areas that we need national commitment to educational ex- going to require that all of us be able, tional leadership on. Certainly edu- cellence where schools are accountable whether we want to or not, no matter cation is one of those areas that I to taxpayers for raising standards and what our age is incidentally, we are think that we need it. every child has an opportunity to going to have to be able to be on the There was a time in this country learn. My colleagues who have heard Internet, we are going to have to be when we did not pay a lot of attention me talk about this before know that I able to type, we are going to have to be to roads or water and sewer and then not only believe that but I have worked able to compose, and we are going to we recognized it was an important na- that as a State official and as a State have to send information back and tional issue and it still is today, and legislator because if you look at North forth. It is so critical and so important. education is one of those. Across this Carolina, you are looking at one of the I think one of the best ways we can do great country, the American people are school systems in this country that it is follow through on our commit- calling for a greater investment in our really is holding our system account- ment to reduce class sizes. public education system. They are also able. And of all the States in the Na- We started that with the President’s calling for accountability. This Con- tion, they are showing some of the initiative a couple of years ago, we gress had an opportunity to do that highest growth in academic scores and have to fight for it every year, and cer- last year and would not step up the accountability of any State in the Na- tainly what we do here, it will set the way they should. tion. tone for the country. It is not the dol- This past week, we talked about the It takes a total commitment on the lars that we need because they still are whole issue of the Republican leader- part of everyone. Improving education going to come at the local level but we ship. And last year they dealt with it, in this country is about creating a can leverage the Federal money to the Republican leadership wanted to classroom environment where children make a difference, and I think that is put together a voucher plan, providing can learn and teachers can teach. We important. We need a new national vouchers which in my opinion is not need to foster greater connection be- commitment to the notion that par- the way to improve education for all of tween students, teachers, and parents ents in America have the right to ex- our children. It is really a joke and a and I might say the broader commu- pect that their children will have the hoax on most of them. It will provide nity. Schools in most communities are, best teacher in the world. How do we an opportunity for only a few and it have been and still are, that center do that? We certainly do not do it by will pump billions of dollars of tax focal point; and they need to be more cutting education funding. That is the money into financing areas that is so so in the future. Our schools can do first thing we do not do. We do not do badly needed for our children in the better, and with our help they will do it by talking about how bad our teach- public schools. I happen to believe that better. Because that is where the fu- ers are. We talk about how do we make that is absolutely wrong. It would ture of America is, that is where the them better, how do we provide staff drain those resources from the public future of our States are and where the development for those teachers that sector that is badly needed and leave future of our communities are. They are in the classroom. We can do that. too many children behind, in my opin- are in our classrooms today. I know as a State superintendent, ion, condemned to a bleak future of Children do not know what they need one of the things that once you have a failure. many times unfortunately in school. tight budget, one of the first things As I was starting to say a few min- They only know what they get. Unfor- you start to see is staff development utes ago, with about 90 some young tunately in some cases, they are not gets cut, retraining of teachers. No people, high school students I was getting what they ought to get, for a business in this country in their right meeting with this weekend, a variety variety of reasons, one of which may be mind would cut out the resources to re- of young people across our district the community does not have the re- train their staff, especially at a time where we were talking about the needs sources to invest. In other cases the when they want to expand their prod- of what we ought to do about school vi- community is not willing to invest uct line. olence. those resources. That in my opinion is What are we saying to our teachers It was amazing the answers these shameful if that should happen. and students? You have got to teach young people came up with. One of the One of the best ways that we can im- technology, you have got to teach issues they focused on was the need for prove education is to help provide math, you have got to teach computer quality facilities and resources in those smaller class sizes that are orderly and skills, you have got to do composition. schools. How do you tell a student that disciplined and where children can get We keep adding more on, but we do not education is important when they do additional attention from their teach- want to give them the resources to get not get a textbook until 3 or 4 months ers who really can ignite that spark of the job done. Too many times we say, into the year? How do you tell them it learning, the thing that teachers call well, what we really need to do is you

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1741 need as a teacher to go after school and depend on their teachers and coun- neighborhood public school in America learn how to be a better teacher. That selors and others to help them. work. We must make every neighbor- is what we do in many places in Amer- So rather than these things that we hood public school in America work, ica. Or you do it on a weekend, or you talk about in this Congress many and we can. If we are supportive and do it in the summer on your own time. times, many of my colleagues on the engage the community, the business The last time I checked, teachers are other side of the aisle want to bash community, the civic community, and not paid 12 months of the year in most teachers, want to bash education, I say the parents in those schools, we can places in this country, they are paid ei- we ought to hold them up and help make them work. ther 9 months and if they are real them. We ought to encourage them. Mr. Speaker, I have a bill and a num- lucky, they may get paid 10 months Yes, we ought to challenge them and ber of my colleagues have others, like and spread it out. when they are wrong we ought to point the school construction bill that I have Mr. Speaker, we have to get serious it out but not always bash them be- that will provide resources to the local about this business of educating our cause they have too tough a job. And units of government. What it does is children. If we are going to be serious, we ought not be talking about block that the State governments will have then we have to make a new, renewed grants, because I think block grants it, and they will not have to pay the in- national commitment to education in are many times in, my opinion, an irre- terest. That will be picked up at the this country. Providing support for our sponsible way to get out of our duties Federal level. They only pay back the teachers is more than just providing of providing the true resources that are principle. They decide where the resources. That is one of the most crit- needed in the classroom and in other schools are going to be built and how ical, one of the toughest tasks that areas for education. they are going to be built. It will not anyone will do. I would challenge every solve the whole problem of $100-plus b 1815 Member of the United States Congress billion that are needed for our schools if they really think education is an I believe that we do not have in this for renovation and new schools; but easy job, go in the classroom and spend country any children that we can give what it will do, it will send a powerful a week. Do not go spend an hour as a up, nor any children we can waste. signal to America that our public visitor and walk through and smile and Mr. Speaker, America is a great schools are important and we are going say, I’m glad to be here, and have country. I get frustrated sometimes to engage at the Federal level and we someone put on a performance for you. when I hear people talking about how do care and we are going to make a dif- Go in at 7 or 7:30 in the morning and great the economy is, what a terrific ference. have bus duty. When you finish bus job this country is doing, and how bad I have another bill that many of my duty, then you go to the classroom and our public schools are. Really? Who are colleagues on both sides of the aisle you teach. When you get a break, you most of the people who are running our have signed on to, and it is entitled have hall duty. You get through with industries and doing all of these jobs in Character Education. I will talk about that again in just a few minutes. A hall duty and get ready to go to the America? They went to the public third one that we are involved in on cafeteria and your children are eating, schools of this country. both sides of the aisle, the Speaker and you have lunchroom duty because you What we need to do is help those who Minority Leader Gephardt; and Speak- stand around and watch the students are there today so we will continue to er Hastert appointed 24 Members on a and make sure the paper gets picked up have that growth. We have more young Youth Violence Task Force. I want to and they are behaving in that, depend- people in public schools in America talk about that also in a few minutes. ing on their age level. Then when you today than ever in the history of this I think these items are very important finish, depending on the school, you country. And that is why classrooms to us as we look at education and may have tutoring duties after school are just bulging at the seams; schools are overcrowded and overloaded. I went where we want to go. is over in the afternoon. Mr. Speaker, this whole issue of char- into a school in my district just last And, oh, by the way, then if there is acter education is a critical piece, and week; the school is in its third year a basketball game or a football game what this legislation does, and let me and they have 18 trailers outside the that night, you may have duties as- hold up for my colleagues a chart, be- school. Now, that is because it is grow- signed to you for that. Oh, and by the cause we have used this, and we really way there is not additional money for ing so rapidly. The communities are started this in North Carolina in about that, that is just part of your duties of growing. People are moving there. As I 1989. We did a survey at that time of being a teacher. Thank God that we often tell people from time to time, we our public schools. We surveyed about have people who are willing to do it are glad to have people moving and we 25,000 students; and one thing we found and teach our young people. When we are proud to have them come to our from that survey is a large number of see those yellow buses running up and State. our students did not respect, number down the road on the weekend, they We have a great growth economy in one, their fellow students and in some may be going to a band concert or they the Research Triangle Park area, one cases their teachers. It was an alarm- may be coming back from an athletic of the great dynamic, high-tech centers ingly high percentage. So we felt it was event or they may be going to a science in America. But there is something something we ought to do. fair or a math fair or any number of about when people move there, they So we started out with a panel of things that our young people partici- have a tendency to bring their children citizens, teachers, superintendents, pate in on the weekends and the teach- with them, as they should. And that judges, lay people, ministers and others ers and staff are volunteering. puts additional pressure on our schools and we came up with what we call eth- Yes, there are parents, and I am and local governments, and that is true ics education. Well, we did not really grateful for those parents who take the across America because we have a very like what we were doing on that; we time and are willing to do it, because mobile society, a more mobile society kept playing with it. In about 1993, we we need parents. We need every parent today than we have ever had in history. finally finalized it to be ‘‘character engaged. I have often said if every child We have to make sure that our systems education’’ at the Vanderbilt Univer- in America had one adult mentor, be it fit it and that we have opportunities sity and other places, and came up one of their parents or their grand- for young people. with a number of character traits that parents or someone who really and Mr. Speaker, as we talk about this we felt were the core issues and shared truly was their one individual, that idea of vouchers and block grants, I it with all of our public schools. There other person that would stand up and think we need to get that out of our vo- are seven of these. Now the truth is fight for them and make sure they got cabulary and get back to what is really that systems can enlarge on it, and did. in the right class, they got the right important: how do we help teachers, The basic ones that we laid out were attention and they were on a track to how do we help children, and how do we respect, citizenship, justice and fair- be all that they could be, it would be a help our educational system become ness, honesty, caring, responsibility, different education system in America what it needs to be to provide for the and trustworthiness. and we would have a different country. challenges that we are going to face in So what we did as we worked on our But not all children have that. They the 21st century. We must make every curriculum, we asked that each school

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1742 CONGRESSIONAL RECORD — HOUSE April 4, 2000 that was involved integrate that into education because, number one, he passed which provides greater flexi- their curriculum. We did not want to knows what it takes; and, number two, bility for local school districts and have an additional add-on for the he cares about it and is committed to being able to use the Federal monies teachers. They had enough to do. So it. designated for specific programs, for what they have done is tied that into Mr. KIND. Mr. Speaker, I thank the targeting it to areas that they feel when they are teaching math, when gentleman for yielding. I want to com- they need extra help on or areas of in- they are teaching history or science, or mend the gentleman, especially for the novation or creativity that they have whatever they may be teaching that leadership that he has brought to the working at the local level. And I was day, they pick out one of these charac- United States Congress on this very very supportive of that fine legislation. teristics, and as the year goes on, important issue on education, bringing We also passed the Teacher Em- whichever ones they have agreed on, his experience as former State super- powerment Act last year, which will that becomes an important part of the intendent of the school system down provide resources for professional de- students curriculum, and they have there in North Carolina, and his active velopment programming, the impor- signs that they put in the school. role within our caucus, but within this tant aspect of making sure we have the But let me say to my colleagues, be- body generally in trying to elevate this most talented and most qualified fore they agree to do it, the commu- issue and the importance of this issue teachers sitting there in the classroom nity comes in and agrees on the num- for the rest of our colleagues. It has teaching our children. Outside of the bers of the different items of the char- been a great privilege for me person- active involvement of parents in their acter traits that they are going to use, ally over the last 3, a little over 3 years children’s upbringing and especially in in that individual school system. now as a Member of this Congress to their education studies, the next most Now, normally it winds up being the serve on the Committee on Education important determinant of how well a child is going to perform is the quality whole LEA; and it may be, depending and the Workforce. on the size of it in North Carolina, any- During the first term, 2 years ago, of teacher in the classroom. So I am where from 3,000 all the way up to the the focus on the Committee on Edu- glad to see that we had a heavy empha- biggest school system with about cation and the Workforce was reau- sis on the Teacher Empowerment Act and the professional development as- 110,000. But what it does is amazing. We thorizing the Higher Education Act. pect that that brought. see the discipline problems go down in This is the panoply of Federal pro- I also included a provision in that those schools. I was in one in Four grams that assist students if they want bill that would provide professional de- Oaks about a month ago talking with to go on and receive a postsecondary velopment assistance for principals and the principal. The number of discipline education, whether it is technical superintendents and the administra- problems have gone down by almost a school or colleges or universities, the tors of our school districts realizing third, and the academics went up on financial aid packages that are avail- the all-important role that they play the part of the students in that school. able, the grants and loans and the work as, so to speak, the quarterback of the We say well, why would that happen? study programs, the Gear Up for High school district, being the leader and Easy. When they start respecting one Hopes Program that another Member, being able to implement the reforms another, they respect their teachers, the gentleman from Pennsylvania (Mr. and knowing what reforms are going to they understand they have a responsi- FATTAH), was a champion on. This ses- work at the local level. But there has bility to do their homework, they have sion, we are in the middle of reauthor- been a real, I think, lack of a good, a responsibility to one another, they izing the Elementary and Secondary quality pool of talent to draw from care about themselves, they have citi- Education Act, and that is the Federal into the principals and superintendent zenship responsibilities, and this starts involvement in K through 12, and also ranks. Now we are hoping that as that to be a part of what we are talking some preschooling programs, early legislation moves forward, that is about. childhood education programs, after- going to be an important part of it. Mr. Speaker, there is nothing wrong school programs as well. We also reauthorized the Title I fund- with this being a part of public edu- Mr. Speaker, this is vitally impor- ing last year, which is the targeted cation, as it should be, of every edu- tant. It is no surprise that this has con- funding to the most disadvantaged stu- cation, of a good education. We get sistently ranked as one of the top dents in our country. So I think there away from these issues that tend to di- issues for the American people that has been progress made. vide us, when we talk about whether or they are concerned about, whether it is The Senate has taken another course not we can have prayer in school or an election year or not. It is certainly of action. Tomorrow will be an indica- whether or not we can have these other showing up right now in the election tion of how well we can reauthorize the issues that become constitutional year polls, that education is a top, top Elementary and Secondary Education issues. What we ought to be talking priority for them. They want to hear bill. I am offering a bill that my friend about is something we can do somewhat we as policymakers are going to from North Carolina is an original thing about to make a difference for do to improve the quality of education sponsor on that would provide more re- children in America and make sure and implement the reforms that are sources back to local school districts that our education system is the best needed in order to give our children the to enable teachers to better integrate it can be. Because when we talk about best chance and the best hope that technology into the classroom cur- public education, we ought not to be they have to become productive mem- riculum. dealing with division; we ought to be bers of our country and this society. Mr. Speaker, we all understand the dealing with addition. How do we add I also want to commend the gen- important role that technology now to what we have done to make it better tleman for speaking out about the need plays in this global new economy that for all children? for character education and the role we find ourselves in. Virtually all of Mr. Speaker, we have a chance in that that plays, because again, this is a the jobs that are being created today this Congress, now that we have some growing concern that many of us share require some form of technology lit- resources, to make sure that Social Se- in regards to our own children and to eracy, and we just cannot afford as a curity is fixed, we start paying down the younger generations, that there Nation to underinvest in this area the debt, and we invest in the future of should be an important character edu- when it comes to being able to deliver our children; and we can do it by put- cation role in this. in important and powerful new learn- ting resources out there and do some Tomorrow, in the Committee on Edu- ing tools, technology and the Internet, school construction. I am going to talk cation and the Workforce, we are actu- and make that an integral part of a about that in a minute. ally going to be moving and marking child’s learning process. At this time I want to yield to the up another aspect of the Elementary So we are going to be offering that up gentleman from Wisconsin (Mr. KIND), and Secondary Education Act. I hope tomorrow during the markup. Hope- my friend who has been a real leader in we get it right. Last year, we had some fully, it will be adopted, because I this Congress, who serves on the Com- education initiatives that I think we think that is clearly the direction we mittee on Education and the Workforce can be proud about, such as the Edu- need to be going in as far as education and has been a real leader in public cation Flexibility Act which was policy in this country.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1743 I am hoping that as the presidential better student performance, this is one giving us right now show that maybe if election season moves forward too that area that they continuously come back we are lucky an $800 to $850 billion sur- we are going to have an honest and to us on; that is, reduce the class sizes, plus over the next 10 years might ap- healthy discussion about education and give us the chance to work in a more pear. So it does not take a third grade education reform in this country, be- personalized and individual manner math education to do the revenues and cause it is so vitally important. We are with these kids in the classroom, and realize there would be a serious rev- already starting to see the differences we will produce the results. enue shortfall which would require one between the candidates, whether it is We have a very successful program in of two things, either dipping back into Governor Bush or Vice President Gore, the State of Wisconsin called the SAGE the social security trust fund to fi- some distinct differences in direction, program. It is a pilot program, not uni- nance a tax cut of that magnitude, in vision, in what their agenda would versal yet in the State. I would like to which I feel is very risky and very irre- offer. In fact, Governor Bush just late see it made universal. It is for reduced sponsible, or basically an across-the- last week was campaigning in my con- class sizes. In fact, last year the Uni- board spending reduction in virtually gressional district in western Wis- versity of Wisconsin at Milwaukee just all the programs and important invest- consin and visited an early elementary released a study showing the benefits ments that we have to make as a Na- school and a Head Start Program of reduced class sizes under SAGE in tion, somewhere to the tune of 25 to 30 there; and he was talking a little bit the State of Wisconsin. percent cuts in programs such as edu- about his education initiatives, one of In the State of Tennessee, we have cation. which was a new program that he is had hearings before the Committee on So he really cannot have it both proposing that would offer $5 billion in Education and the Workforce. They are ways, by being out there on the stump spending for early childhood literacy very proud of the Star Program they talking about this huge, fiscally irre- programs. Unquestioningly, this is are able to implement on a universal sponsible $2 trillion tax cut, while at something that I think all of us should State-wide basis. The results speak for the same time also saying, but I sup- be able to come together on in a bipar- themselves. Governor Bush is not talk- port a $5 billion 5-year initiative for tisan manner, because it is something ing at all about the need for class size early childhood literacy programs, that we need a healthy investment in. reduction, whereas this administration which I would hope would receive good and Vice President GORE have been bipartisan support but hopefully within b 1830 willing to fight to try to maintain a the context of fiscal responsibility. But quite frankly, this has already separate funding stream for that very Let me just end with this one last been implemented back in 1996. It is purpose, to hire teachers to reduce point. In my district, in the Third Con- called the Reading Excellence Pro- class sizes. gressional District in western Wis- gram, something that Vice President I think another very important miss- consin, we kind of are blessed with a GORE had already championed and ing component in Governor Bush’s edu- mecca of higher education and learn- helped usher through the United States cation plan has to do with school mod- ing. We have five State universities, Congress, and that President Clinton in ernization and school construction. seven technical school campuses, a pri- fact signed into law. It was a commit- Again, he is silent on this issue, when, vate college right in my hometown of ment for more resources for early if we travel throughout the country, Lacrosse. Higher ed issues are very im- childhood literacy programming. not just in our own congressional dis- portant. In fact, the State of Texas happens to tricts but throughout the country, As I travel around the campuses and be the largest recipient of those funds there is an overwhelming need for an meet with students, asking them, what for the Reading Excellence Program, so increased investment in modernizing can we do to make secondary education perhaps that is where he got his idea today’s school, the need for more an opportunity for you and other stu- from. If that is the case, so be it. I just school construction to deal with the dents, their constant complaint is that say, welcome aboard. We are glad to demands of overcrowding, but also to there is a greater and greater reliance have you there. deal with the technology and infra- on loans and requiring them to take There are areas I think that there structure that really has to be put in out more and more loans to finance are some deficiencies in where Gov- place. their education, which leaves them ernor Bush would take the Nation or Vice President GORE has a distinct with a mountain of debt as soon as fight for when it comes to educational idea and plan on how to get there. Per- they graduate, just as they are starting programming that provides a distinct haps the greatest difficulty that I have their lives and starting families and difference from where Vice President with Governor Bush’s education agenda starting their careers, which places an GORE is. Vice President GORE is a is that I do not see how we could fund incredible financial burden upon them. strong proponent and advocate for the it. I do not see how, even if he comes It was not so long ago, and my friend, need for doing everything we can to re- up with a lot of great ideas on that, the gentleman from North Carolina, duce class sizes in this country. where he can have some meaningful probably remembers, where the pri- If we can develop an education sys- and credible funding commitment for ority on the Federal level was an em- tem with a better teacher-to-pupil these programs. That is because in his phasis on grants to students. In fact, as ratio, there are just a multitude of ben- fiscal policy for the Nation that he has recently as a decade or two ago, the efits that derive from that: more per- laid out, he is proposing a $2.1 trillion ratio was roughly 80 percent grants to sonalized attention; better discipline in tax cut over the next 10 years. 20 percent loans that the students were the classroom; teachers that are not Last year, this body moved about an asked to do. That has been inversed overburdened, overworked, having to $800 billion tax cut. They tried selling now, and it is just the reverse, where 80 take home assignments and papers it to the American people at home, and percent of the reliance is on loans and that they have to grade until the wee they were not buying it. It is because I only 20 percent in the grant program. hours of the morning. think people are generally fiscally con- I think we need to do more in the Anyone who harbors the illusion that servative with these matters, fiscally grant area in order to alleviate this fi- teaching is a 7 a.m. until 2:30 p.m. job responsible, and they understand that nancial burden on students and their is sadly mistaken, because that job we already have existing obligations families. Unfortunately, Governor continues after the final bell rings, and that we need to live up to: shoring up Bush disagrees with that. In fact, when they are either working with students social security and the Medicare pro- a reporter up in Eau Claire asked him on an individualized basis or grading grams, paying down the $5.7 trillion na- specifically where he was on loans papers throughout the night and over tional debt, having a greater commit- versus grants, his response, well, the the weekend. It is a major, major comment to education funding and edu- headline I think says it all, ‘‘Bush mitment. cation programs within this country. Averse to More College Grant Fund- As we talk to teachers about what we But with a $2.1 trillion tax cut, if ening.’’ can possibly do to help them do their acted, that would virtually make that During the question period, it was jobs better with the increasing de- impossible. In fact, the most rosy eco- quite illuminating where he stands on mands that we are placing on them for nomic scenarios that economists are this issue. The reporter in the article

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1744 CONGRESSIONAL RECORD — HOUSE April 4, 2000 wrote, ‘‘Governor Bush, who attended The students said, ‘‘We need more ing Program in my district. If a child both Yale and Harvard, conceded that counselors in our schools. The coun- reads 100 books they get a certificate some people have complained that selors we have are tied up doing other and some other stuff. It is amazing. those loans carry a repayment bur- things, and with testing and with pa- Mr. KIND. Mr. Speaker, if the gen- den.’’ His response: ‘‘Too bad. That’s perwork. When we have a problem, we tleman would yield for a point, another what a loan is.’’ Then he went on to need someone to go talk with in con- thing class size reduction brings is the say, ‘‘There is a lot of money available fidence. Our teachers are overloaded interest level of the students in the for students and families who are will- because of class sizes. The classes are classroom. One of the great challenges, ing to just go out and look for it.’’ too large,’’ because lots of young peo- again when we talk to parents or I get the feeling that there is a seri- ple come to school with more problems teachers or administrators, one of the ous disconnect between the reality of than they did years ago. They recog- great challenges we face in the edu- having to finance higher education op- nize the need for more support from cation system is challenging the stu- portunities and how he perceives the their communities. dents enough in order to avoid boredom issue right now. They talked about teacher qualifica- in the classroom. Just recently I had a group of stu- tions. They said, we want qualified, de- Through lower class sizes, more addi- dents from back home who were in my voted teachers in the classroom, people tional attention, more individual par- office, and they delivered basically who really care about us; the same ticipation of the students, many times debt scorecards of what their own indi- thing we want as adults. A strange that helps overcome that boredom fac- vidual debt was going to be like once thing, we think students want some- tor that can really stifle the learning they finish school. On the average, at thing different. process for these kids. least in the Third Congressional Dis- They want people who care about The other thing, too, and it is inter- trict, the average debt burden was over them, and they realized one thing, that esting, in studies coming back now, $16,000 by the time they got done with resources translate into money. We as that also helps in battling the evil of school. It is an incredible burden. adults sort of skirt around money. boredom for students is the technology I think we should be moving in the They said, that translates into money. and the Internet, and using these pow- direction of being able to alleviate It was amazing to me, the things they erful new learning devices that they that, and opening up the doors to high- were able to talk about saving that we have available. Students now are reer education to more students, and es- as adults talk about spending in sponding, saying, this is cool. This is pecially the more disadvantaged low- school. They really said, we ought to neat stuff. We like using it. We like income students. But obviously, Gov- save those. learning on it. ernor Bush sees a different tack to One of the interesting things they To me, that is a sure signal, then, take, one which will, I feel, exacerbate came up with, I am almost embar- that we should step back and listen to the situation and make it more dif- rassed to bring it up, somebody might what they are saying, because they get ficult for students to go on, rather than rap my knuckles because I was in- it, they like it, they understand it. One easier for them to go on. volved in doing it, was name badges. We just cannot afford to leave stu- of the unfortunate facts we have in the When I asked all the students, and we dents behind, especially when we have country is oftentimes the students are a tight labor market right now. We had 85 or 90 of them, I said, raise your way ahead of the curve when it comes have a shortage of well-educated, hand, how many have name tags? to the use and comfort level of the skilled workers to fill the growth needs Many. Now, how many of you wear technology than the rest of us really of many, many, many companies out them? Three raised their hands. I hope need to be. there. I think this, too, is going to be their administrators are not listening. But the more we can do to encourage a distinct difference when it comes to And then I said, why do you not wear an active and energized, engaged stu- education policy between what Gov- them? They said, nobody checks, so dent body in the classroom, we should ernor Bush envisions what is needed they figured out that was not an im- sit up and take notice of that. portant issue with adults. They said, versus where Vice President GORE is. Mr. ETHERIDGE. Mr. Speaker, one Mr. ETHERIDGE. When the gen- why do we not take that money and of the issues these students have, and tleman is talking about young people, I buy textbooks? remember, we are talking about high think that is interesting. Sometimes if I think we as adults, if we listen to school students 9 through 12, tech- we ask them, it is amazing what we our young people more often, we will nology was a big concern. What they find out. learn a great deal. The diversity of this were talking about is not just the num- This past weekend, and I try to keep group that we had, they came from ber of computers in the classroom. in touch with them, as the gentleman some of the poorer communities in the Their point was, they wanted the does in his district, I convened what I district. We met in one of the most teachers to have the time to get up to call my District Youth Advisory Com- modern high-tech high schools in speed on the computers, and be able to mittee. Really, we brought them to- North Carolina, with Internet hook-ups integrate that in the curriculum. gether to deal with this issue of youth in every classroom. It was remarkable. On Saturday of this past week, we violence, similar to the conference we Some of those students’ eyes were just went into a boys and girls club in a convened here, and I convened one at sort of marveling. They went into the YMCA that does computer training and home. media center and saw all the things tutoring after school in the evenings We wanted to discuss a number of they had that they did not have. and even on Saturday, for that matter. issues that were reported in the Second But all of them, every student that b 1845 Congressional District of North Caro- was there, whether they were from a lina, and hopefully that was somewhat large, modern high school or a rural, I must confess, these computers have representative of North Carolina. poor school, said, we want reduced come out since I left 4 years ago. They We had a great meeting, of course. class sizes. And these were high school had little computers for little tots in When we get young people together, if students, not elementary students. kindergarten where they would get at a Members really want to be energized, We here in Congress are talking bench, and they were telling me that in they will give us an awful lot of en- about how do we help reduce class this boys and girls club as they put ergy. They have a lot of it, and they sizes, and the President’s initiative is these children in front of these com- are very bright. They were engaged on to reduce class sizes in K through 3, for puters, they were like beginning com- the issues. The sessions were very in- obvious reasons. You will have more puters, not big ones that we see but formative. student time, you will have reading similar to the stuff they play games We sort of gave them some room. comprehension, and have children pre- on, but they were math, helped them in They went in some directions and some pared by the third grade. If children the math, helped them in their com- places where, I guess I was not sur- are behind by the third grade, they are position. I asked them, I said now how prised, having worked with them for 8 likely to stay behind. many students will be here? They had years as superintendent, but it was That is why, as the gentleman well a bench and they said there will be good to be reminded. knows, I started a Congressional Read- three on the bench trying to help the

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1745 one using the computer and you will room and doing everything we can to thing I found on every desk of every see others standing around wanting to make sure that they have access to modern business and this was a com- help. this technology but also have the well puter. When I went into schools, that The point of the gentleman was they trained and qualified teachers who are was not necessarily true. When I went are engaged in it. He said as soon as comfortable in using this technology in to see a teacher in the classroom, the they get off the bus in the afternoon, the classroom as well, because, shoot, best thing they could hope for in some they are there. This is a learning expe- that is the future. It is coming. It is cases was a computer lab down the rience. here already and we cannot afford to be hall, where they took their children to Mr. KIND. That is right. asleep at the wheel and we need to en- once a week. Mr. ETHERIDGE. It is important be- courage this type of activity with our I ask folks if they had an automobile cause what the gentleman is talking kids. and they only drove that car once a about in these two areas, the boys and Mr. ETHERIDGE. The gentleman is week, how good a driver are they going girls club in Raleigh and the YMCA, absolutely correct. When we start talk- to be, especially when they went there they are doing a tutorial for a lot of ing about children, it becomes very once a week and they only got so many children who have special needs. What personal, as it should. With our three, minutes to drive that vehicle? I do not this will mean 5, 6 years from now, they are fortunate. I wish all children need an answer for that. I know the an- these students most likely will be in had the opportunity to have those re- swer. the mainstream, they will make it and sources. Two of our children are en- be productive citizens in the future and gaged in public education. Our son is a We have within our power the ability make major contributions. The truth fourth grade teacher in Wake County to change that, and the Members of is, they did not get an early start. and listening to him talk about what this Congress cannot do it all but we North Carolina, and the gentleman happens in the classroom and this can do that little small part that says was talking about in his State, the learning experience and how children we are important. governor had kicked off a smart start need this help, and our daughter taught Mr. KIND. I commend the gentleman, for pre-school to get kids ready, but high school and is now back at the uni- too, for the leadership and effort he has these are the kind of things we do. versity. My wife is still in the public put in behind the school construction Mr. KIND. I think we are entering schools. bill. It is something we can act on in this phenomenal new era when it Even though I left the superintend- this session before we adjourn this comes to teaching and learning in our ent’s office, I did not get away from it. year. It is a tax credit on local bond country and it is because of the advent I get a dose of it every weekend I go issues for school construction costs and of technology and the availability of home, but it is so important that we modernization costs. I never thought technology. Of course, one of the great reach out and give children every op- that on the Federal level we could have concerns that we share is the growing portunity. in whatever way some impact on local digital divide that exists between the I happen to believe, as the gentleman property tax burdens but it is a fact haves and have-nots, those who have does, if we have a good, clean environ- that throughout the country in many access to the technology and those who ment for our children to go to school, regions it is reliance on local property do not. We are talking about, by and we reduce those class sizes, we have the taxes that help finance these school large, large inner city schools that are space that children need to go to costs and education costs, and it is pulling up a little short when it comes school, then this whole issue that we something that it is very, very impor- to the resources of getting the tech- are dealing with on school violence will tant. nology there, a lot of rural areas as go down, the temperature will go down Just to bring it back home again for well. We need to think creatively on tremendously. I really believe that. me, I represent an urban, slash, rural how to overcome that. Because of this If one goes into a school that they district in western Wisconsin. Hope- exciting new innovation, it is not have excess capacity, as I started talk- fully the rest of the nation is awake in something that we should be fearful of ing earlier, even if it is a new school realizing that there is a crisis in rural but rather embrace and try to encour- and it is a beautiful building outside America right now; farmers going out age. but they have 30, 40 percent more stu- of business in droves, three to four I guess I am speaking a little bit dents than the cafeteria is supposed to family farms a day in the State of Wis- from personal experience as a father of have and the bathrooms are supposed consin alone. Because of the low com- two little boys at home, Johnny who is to have, the media says they are sup- modity prices, their cash flow is se- going to be 4 the end of August and posed to have, they start changing verely pinched and hindered and it is Matthew who is going to be 2 in May, classes and when young people go down making it virtually impossible to pass and it is amazing watching how they those halls someone is going to bump local school referendums in rural parts are absorbing and learning informa- into someone and someone is having a of the district, not because the farmers tion, which is completely different bad day and they are going to react to are adverse to education or the need from when we were toddlers growing up it, as do adults. for education investment but they are in that. Johnny, for instance, will hop So I think there is something we can just trying to survive and keep the on the computer and do his blues clues do and we have a chance to do some- family farm going and being able to program or Sesame Street program and thing about that this year. We ought to provide for their family. So this is an- learn the numbers and the alphabet be ashamed of ourselves if we adjourn other area where we can, as a Congress, and the shapes and sizes and colors and and go home, be more than ashamed, come together, do the right thing, pro- a lot of the different math programs we ought to be held accountable be- vide some assistance with these tax that they have available, and Matthew cause we have a chance to pass a school credits to local school districts so they will, the 2-year-old, will pull up a chair construction bill in this Congress to can meet the all-important school con- next to him and see what his older provide resources to the States and to struction and modernization needs that brother is up to. It is kind of fun those local schools to renovate and re- they have back home. I certainly hope watching this, and one can just see the pair worn out buildings that have, in that we are able to accomplish that. wheels turning and they are com- some cases, have leaking roofs, that fortable with it and they are using that are not wired to take care of the com- So, again, I thank my friend for let- as a learning device. puters and the technologies that other ting me participate here tonight. I One of the great fears I have as a students have and in some cases those commend him for everything that he member of the Committee on Edu- systems that do not have the resources does in the area of education for this cation and the Workforce is that we to take care of adding the facilities to body and for the people back home. may be a little bit slow in realizing the make sure we have a good place for Mr. ETHERIDGE. To my friend, the power of this potential that exists out teachers to teach. gentleman from Wisconsin (Mr. KIND), there. We may not be thinking cre- I always remind folks that of the before we close out let us hit one more atively enough or encouraging that years I was superintendent and I went point. I think it is important to this type of activity enough in the class- into a modern business, there was one Congress. I hope we will address it and

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1746 CONGRESSIONAL RECORD — HOUSE April 4, 2000 hopefully get a chance in the Com- the education area. Part of that in- serious social problem facing our Na- mittee on Education and the Work- cludes the character education that the tion and the Members of Congress force, and that is this issue on char- gentleman has been advocating. So today. acter education. I talked about it as I there is an important role here and it Tonight I am going to talk a little opened how much it counts as it moves is something that we should be able to bit about the problem, again, that we into the 21st Century. As we talk about move forward on, I feel, too, in a bipar- face as a Nation and as a Congress re- our children, we know these items are tisan manner rather than these often- lating to illegal narcotics. I want to important: Respect, citizenship, justice times silly partisan debates that we spend some time tonight talking about and fairness, honesty, caring, responsi- have on education issues. the debate that took place for 2 days bility and trustworthiness. These are So, again, I thank the gentleman for last week on the floor of the House of things we can agree on as we talk his comments tonight and for the work Representatives which has consumed about this whole issue of school vio- that he has provided and the leadership much of the time of the Congress in the lence, because we want our children to that he has offered to this Congress. past several weeks relating to, in par- be safe and we need to take aggressive Mr. ETHERIDGE. I thank the gen- ticular, an emergency supplemental action I think as parents so that they tleman for his time and for his efforts appropriations to provide some assist- will know that every school in America and for his leadership, because he has ance in the war on drugs and, particu- is a safe haven for our children. That worked hard to make sure education larly, assistance to the country of Co- should happen; that they are in good works and he has taken on the tough lombia and their effort to combat ille- order, and discipline is there so it cre- issues at the right time for the right gal narcotics. Mr. Speaker, tonight I also would ates a good learning environment, reason for the right people who do not like to correct some of the where young minds can flourish and have a voice many times. misstatements that were made in that young souls can be nourished. We can I say this about children so many debate. I have gone through some of do that. We really can if we work to- times. They do not vote but if they did the RECORD, and I think that it is im- gether and reach out and make a dif- it would be a different world, and I portant for the future RECORD of the ference. think they would make a difference. I think character education is one of House that the facts and statistics and As we talk about character edu- the history of this debate about how we those components that the gentleman cation, I happen to believe it does work has been working with us on to make a deal with the problem of illegal nar- because it recognizes that actions do cotics is, in fact, documented. Those difference and Secretary Riley now has have consequences and helps young endorsed it, and what this new bill will will be a couple topics of conversation. people develop into well-rounded indi- In particular, I will focus on Colom- do is give the Secretary additional dis- viduals who will, given the right direc- cretion to make grants to States and bia. I will also talk, hopefully, if we get tion, contribute to the strengthening time, about Mexico and the adminis- to individual schools if they want to of our social fabric in this country. participate, to implement a program tration’s policy towards Mexico as it is That is so important as we move into now developing in the post-certifi- after they have worked with the total the 21st Century. They are our future. community. I think it is important for cation process; but, indeed, there is no As Benjamin Franklin said, many more serious problem facing our Na- that total community to be involved years ago, nothing is more important and be a part of it, and that is why I in- tion. for the public wealth than to form and The last statistics I have as chair- troduced this bill this year, H.R. 3681, train youth in wisdom and virtue, and man of the Subcommittee of the Crimi- called Character Counts in the 21st only a virtuous people are capable of nal Justice, Drug Policy and Human Century, and many of my colleagues freedom. That was true over 200 years Resources of the House of Representa- and the gentleman and others are co- ago. It is still true as we move into the tives is that in 1998, 15,973 Americans sponsors on that legislation for which I 21st Century. We have an opportunity lost their lives as a direct result of ille- thank the gentleman, but I think if we this year, with resources at the Federal gal narcotics. It is estimated by our will do that we can help parents, teach- level, to invest that money in our sen- national drug czar, Barry McCaffrey, ers and community leaders not just to iors in making sure Social Security is that, in fact, over 50,000 Americans implement character education. That safe and secure, taking care of Medi- each year lose their lives for various is just one of the components to mak- care, paying down the debt, and invest- reasons that are related to illegal nar- ing education more comprehensive and ing a portion of that money in our chil- cotics, and some of these are not make our communities safer and so dren for the 21st Century so those of us counted in the statistics, the hard sta- that our teachers can teach and chil- when we retire will be secure. That tistics. dren can learn and certainly that is means character education, buildings In that 15,973 figure, there are indi- what the gentleman has been about as where children can be safe and secure viduals who we read about. Again, I he has served and provided leadership and have a comfortable place to learn point to the news of the last month or on education in this Congress, and I and teachers have a good place to so with a 6-year-old child going into a thank him for it. teach, and investing the resources in classroom in Flint, Michigan, killing a Mr. KIND. In conclusion, obviously making sure that they have technology 6-year-old with a gun. Everyone has fo- there is a lot of work that still needs to and our teachers are well trained in an cused in the media and the Congress be done but I think we can accomplish ongoing basis to teach our children. and the administration on the issue of these goals in a fiscally responsible more regulation and legislation dealing f manner at the same time. There is a with gun control; but, in fact, the arti- role, I believe, for Congress to perform. b 1900 cle that I have here says that the child Sometimes we get into this old stale came from what is quoted as a dan- debate as far as what the proper role is DISCUSSING THE ISSUE OF ILLEGAL NARCOTICS gerous environment, the police have of Federal, State, local authorities. I said that the residence was used for think what we need to instead con- The SPEAKER pro tempore. Under drug dealing; the father was in jail. centrate on is what are the desired ob- the Speaker’s announced policy of Jan- Mr. Speaker, here is an instance in jectives and then how do we in working uary 6, 1999, the gentleman from Flor- which they focused on the handgun together in leveraging the resources we ida (Mr. MICA) is recognized for 60 min- that was taken to school and used in have available at the local, State and utes as the designee of the majority this murder and failed to focus on the Federal level, of attaining that objec- leader. core problem, again, illegal narcotics tive and getting the job done? Because Mr. MICA. Mr. Speaker, and my colin this home, if you would call it a our kids deserve nothing less. It is the leagues, once again, on Tuesday night I home, in this setting, this young 6- future of the country we are talking come before the House of Representa- year-old was forced to deal with, where about. If we are able to maintain eco- tives and my colleagues to discuss the he lived in a crack house, where his fa- nomic growth and economic opportuni- issue of illegal narcotics and helping to ther was in jail. The topics that, again, ties in this country, it starts with a develop our national policy to bring the media, the Congress, the adminis- healthy and an honest investment in under control what I consider the most tration does not really want to talk

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1747 about. We also know this problem, and from? If we take two of the most again cut any type of international we know it too well. abused drugs in our Nation today that programs or interdiction programs Another example, and this is Lisbon, have caused so much devastation, her- that had been established back in the Ohio, I am sure a nice community, in oin and cocaine, we have only to look Reagan and the Bush administration. the center heart of our Nation, a 12- now at really one major producing That was the policy. They, again, put year-old student brought a gun to country in this hemisphere; and that is their eggs in the basket of treatment school, the boy and everyone focused the country of Colombia. back then. on this 12-year-old bringing the gun to We have made tremendous progress I will bring this chart out tonight to school just recently; but the boy said, in a program that was instituted by the show what their policy has been. In according to this news account, his bio- Republican majority just several years fact, if we go back to 1992, in this area, logical mother was in jail, and he ago by the gentleman from Illinois (Mr. in 1991, and we look at treatment, we wanted to visit her and be with her, HASTERT), the Speaker of the House, see that treatment dollars have dou- said the young man. when he chaired the subcommittee bled. Some of the argument that was Authorities did not release the infor- that I now chair. made in the debate was that treatment mation on the mother’s situation, but That particular responsibility led would be much more effective. the Akron Beacon Journal said she was him to begin a program and build on a I went back and pulled a record, since in prison on drug-related charges. program that was formulated again I have served since 1993 on most of Again, the focus on a young individual after the new Republican majority to these subcommittees that deal with bringing a weapon into school, but the go after illegal narcotics at their very this issue, and was appalled and spoke sad part about this story and so many source. out against what the administration others that we hear that illegal nar- The source is not very difficult when was doing back in 1993, and pulled up cotics were at the root of the problem. it comes to cocaine. It is three coun- some of the rhetoric that came before Here, the mother was in jail, a young tries. It is Peru, Bolivia, and Colombia. the National Security Subcommittee 12-year-old wanted to be with his moth- Peru and Bolivia were producing 95 per- on which I served that formerly had er who was in jail, because of a drug-recent of the cocaine in 1992, 1993. Again this responsibility. lated offense. This is a serious situa- in 1996, 1997, under the Republican-con- Let me just read a little bit of what tion, which has, again, impacted our trolled Congress, programs were re- was said in 1995: country dramatically. The cost that we instituted that were cut by the Clinton Moreover, while the subcommittee heard heard in some of the debate last week administration in those early Clinton expert testimony in support of drug treatment, it also received expert testimony se- and some of the figures estimate from years to eradicate illegal narcotics in verely questioning program effectiveness. Fi- $150 billion a year to $250 billion a year, the countries of Peru, Bolivia, and Co- nally, since the public rationale for the Clin- if we take into account the death, the lombia. ton administration shift toward treatment destruction, the unemployment, the I must report that, as of this year, we repeatedly came back to the June 1994 Rand costs on our judicial system, the tre- have been successful, particularly in study, this study was reviewed and found to mendous toll that this takes on our Na- Peru, with a 66 percent decline in coca be a weak basis for guiding national drug tion and the very social fabric of our production in that country and a 55 policy. society. percent decline in Bolivia. Most of the This last part is an analysis of this. So we have an annual cost, not only production has shifted to Colombia. But in 1995, they used the same study in lost lives, but in dollars and cents to So today Colombia now accounts for that they used in the year 2000 for the this Nation and to our economy. It is nearly 90 percent of the cocaine that is rationale of where we should be putting absolutely astounding to see where we entering the United States. That is fac- our dollars. have gone in the war on drugs. And I tual, and that is documented. That was b 1915 will talk a little bit more about the brought out by many in the debate last Accordingly, Lee Brown, who was death of the war on drugs and how I be- week. So we know that Colombia is the then Clinton’s drug czar, testified that lieve it was sabotaged by this adminis- major source of cocaine coming into the President was seeking $2.8 billion tration in 1993; but the effects are very the United States. We also know that for treatment, this was in 1995, for the far-reaching. Colombia is now the major source of fiscal year 1996 Federal budget, for In 1998, there were 542,540 drug-re- heroin. what Brown said were 1 million drug lated emergency room episodes again Back in 1992, 1993, there was almost users in this country who need and can in that year. This also is somewhat zero heroin produced in Colombia. Al- benefit by treatment but cannot get it. misleading, because many of these drug most no heroin came into the United Brown testified that the best way to overdoses never make it to the emer- States, almost no poppy production reduce overall demand for drugs and re- gency room. And as I said, there are and heroin production in Colombia. lated crime and violence is to reduce 15,973 deaths. Those individuals died In the past 6 or 7 years, through the the number of hard core drug users, and some of them are not counted in direct policy of this administration, adding that treatment works. This was these statistics. The toll of illegal nar- Colombia has turned into now, not his testimony to us. cotics to our Nation, again, goes on only the major cocaine and coca pro- What is interesting is that I took and on. Illegal drug users constituted ducer, but also the major heroin pro- some of the words from the gentle- 18.2 percent of the unemployed in 1998. ducer. This was not easy, but they woman from California (Ms. PELOSI): It was up from 13.8 percent in 1997. managed to do it; and it was through a ‘‘As the distinguished ranking member In 1999, Americans spent $63.2 billion number of very specific steps that were referred to earlier,’’ and she was refer- on illegal drugs. So the impact on our taken. I want to outline a couple of ring to the gentleman from Wisconsin society is well documented, and that is those here. (Mr. OBEY), who was the ranking mem- not what I came here to debate or dis- First of all, in 1993, 1994, the adminis- ber on the other side, when he referred cuss tonight. It is a matter of record. tration made some of their first blun- to the Rand report which was put to- What I wanted to talk about is really ders. The blunders that they made ac- gether again back in 1994. The gentle- part of the debate that took place last tually were not mentioned in the de- woman from California (Ms. PELOSI) week on the floor of the House of Rep- bate that took place last week. said, again on March 29, 2000, ‘‘Yes, we resentatives. What does this Congress, Some of the major blunders were a have an emergency in our country, Mr. what does this House of Representa- complete shift in policy. The shift in Speaker; 5.5 million, as I said, Ameri- tives do to deal with the narcotics policy was to stop the source-country cans are in need of substance abuse problem that is mushrooming out of programs and to stop the eradication treatment.’’ control across our land? programs and to stop the interdiction So we have back here Mr. Brown, First of all, I think it is incumbent programs, take the military out of the President Clinton’s drug czar, saying on every Member to ask a simple ques- surveillance business, which provided that if he got this money in the budget tion: Where are the illegal drugs com- intelligence and information to stop he proposed back then, the best way to ing from? What is the base of the prob- drugs at their source, stop the Coast reduce overall demand for drugs and re- lem? Where are these narcotics coming Guard, cut their budget, and also to lated crime was to spend the money on

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1748 CONGRESSIONAL RECORD — HOUSE April 4, 2000 treatment, and he testified, ‘‘There are These are a couple of charts and, of America and yet there is a reluc- 1 million drug users in this country again, if we look at what we did here tance to step in. who need and can benefit from treat- with the Bush administration, this is The other side again focused for near- ment but cannot get it.’’ And that pol- Federal spending in international pro- ly 2 days of debate on treatment; we icy has gotten us up to 5.5 million grams. That is stopping drugs at their have to spend more money on treat- Americans, according to the gentle- source. This is how money was ex- ment. And they based it all on this woman from California (Ms. PELOSI) pended by the Congress for stopping failed study of 1994 that Lee Brown, the and others who testified, and the gen- drugs at their source. Dramatic cut former drug czar, based his request on; tleman from Wisconsin (Mr. OBEY) who when the other side took control, put- how he would clear that up if we just also testified before the House of Rep- ting the money in treatment. And we increased the money in drug treatment resentatives. can take this chart back up here, programs. I say to my colleagues that So the policy that was advocated by which is our treatment chart. We go up by the time we get to treatment, we the administration in 1994 and 1995 was in treatment, continue to go up in have a very, very serious problem. followed by the Congress. We have treatment. We cut the international Talk to anyone involved in law en- nearly doubled the amount of money in programs and, voila, what do we get? forcement. Talk to anyone involved in treatment, and we have nearly five More and more drugs flooding into the drug treatment programs. First of all, treatment indicates addiction. And times the number of people needing country. treatment. That is why the statement by the when someone is addicted to illegal Now, what did they do that was dif- gentlewoman from California (Ms. narcotics, they have had a drug habit. ferent from the Bush and the Reagan A drug habit results in that individual PELOSI) that we have now 5.5 million administration? Let me just pull up Americans that need treatment con- supplying a habit at a cost of anywhere this chart that I have used before. This flicts with just a few years before when from $100 to $500 a day. We have heard is really the most telling chart about the administration said that we only even higher figures from some of the long-term trends in prevalence of drug had 1.1 that were in need of treatment addicts that we have interviewed. That use, and it shows that during the means they are already committing and they were requesting money for Reagan administration years a steady felonies and misdemeanors and serious that and cutting money in this. decline in drug use and abuse and all Now, we do see, with the advent of crimes, sometimes under the influence the way down here to 1992. This is the Republican majority, efforts to get of these hard narcotics, committing se- where they changed the policy. We our international programs back to the rious crimes not only against the pub- went up that treatment ladder, we cut level of 1991–92. If we look at this chart, lic but against their families. Almost source country programs, we slashed the 1991–92 levels, to get back to those all the cases of child abuse, almost all interdiction programs, we took the dollars, we have to get to this level. So the cases of spousal abuse involve sub- military, the Coast Guard out of the stance abuse in this country. we are barely back at 1991–92 levels. So, again, they put all their eggs in war on drugs, and we put our eggs in The problem we have had is that we the basket of treatment. They cut the the treatment basket recommended know where the illegal narcotics are international programs, the programs here in 1995. And it was recommended being produced. I went over this with for interdiction using the military. here again in an unending debate on my colleagues before. They are pro- And, again, and we must make it very treatment for nearly 2 days where we duced now, heroin and cocaine, in one clear, some of my colleagues I do not heard the comments of the other side. place. Two drugs in one place. They In the Clinton administration what think even understood this, our mili- have managed to actually narrow it took off like a rocket was drug use and tary is not a police force. Our military down to Colombia. So that is why we abuse. It took off in every category. It does not get involved in a police ac- are here and that is why the situation is amazing how the people on the other tion. In fact, that is banned by the side are in such denial. And this drives has spiraled out of control. That is why Constitution. Our military does not ar- the liberals crazy, to look at this that region is now in total disruption. rest anyone in the drug war. What our chart. Again, I did not produce these That is why 35,000 Colombians have military does is it uses surveillance. charts. They were produced by the sci- died in that area. And that war that We are continually flying planes and entific community and somebody mon- has been going on there is now fi- using resources to protect our borders itoring the future. They are by the nanced, according to the administra- against incoming potential threats. University of Michigan. Again, we look tion’s own drug czar, by Now, I submit there is no threat at the Reagan administration. And this narcoterrorism. They fund the violence greater than a lob of illegal narcotics is in one category, cocaine. We see by drug profits. Very simple. that has killed 15,973 in 1998 and over what was happening here. So we know, one, that the drugs are 50,000 each year in our country in drug- The Reagan administration, at the produced there, heroin and cocaine; 80, related deaths. Is there anything that beginning, was hit with cocaine coming 90 percent coming into the United is killing more Americans that is com- into the country. They took steps and States. We know this policy did not ing in from a foreign source? I submit they started the Andean strategy, the work. We know that we can, first of all, that there is not. source eradication, the vice president’s wipe out illegal narcotics at their So the mission of our military is to task force, and we see a dramatic resource, and we have effectively done provide surveillance intelligence infor- duction in cocaine use. There was less that. We have two great examples, mation, and that information is going cocaine coming into the country. Less Peru and Bolivia, their next door to other countries. It is also going to tolerated. neighbors. Cocaine cannot be grown all some of our enforcement people to Then we get into the Bush era, and over the place, poppy cannot be grown keep track of people who are dealing we see a dramatic increase. Again, he all over the place. Coca is a little more with deadly substances which are was vice president. As president, he did difficult than poppies. But we do know poised against the United States, an incredible job in also curtailing the where it is coming from, and we know against our families, against our chil- production of cocaine. And we see a be- that it is financing the disruption in dren, and killing our people in unprece- ginning of a leveling off and then a that region and violence to those peo- dented numbers. There are wars, major takeoff in the Clinton administration. ple. wars, that this Nation has fought that This, again, is the policy that has Unlike the other part of the supple- we have not had the casualties of this been rejected by the other side, going mental that we were funding here at war on drugs. after drugs at their source and stop- some $4 plus billion, and we have prob- Again, the other side says, well, we ping the flow. What we have right now ably spent another $10 billion on, in should only be spending money on is an incredible flow because this ad- Kosovo and Bosnia, and some of these treatment; only treat the people that ministration has, in fact, taken every other missions, not one American life are wounded; only treat the people who step to make certain that any aid in has been lost. There has been civil con- have been victimized; only treat the any form to Colombia does not get flict; there has been civil war by all people who have been the victims and there, or has not been able to get there, kinds of factions when we stepped in. wounded by that incoming foreign sub- because of their direct policy. But there is a slaughter on the streets stance. If it was a missile, they would

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1749 speak quite differently. They would go side of the aisle. And even the Demo- creased supply and nothing stopping after the target. They would want to crats were appalled. I brought this up the supply, prices fall down. Easy eco- destroy the target. before from the Washington Post: nomics. This was predicted not only by b 1930 ‘‘U.S. Refusal to Share Intelligence in those in the Congress some years ago Drug War Is Called Absurd.’’ but those who are charged with over- It does not take a complicated plan This is the next direct step in the seeing policy for the United States in to go after the target. We know where Clinton liberal administration towards that country. the illegal narcotics are. They will tell illegal narcotics. Back in 1994, they got I have a report that was provided to us it does not work. Well, it worked in us in a situation where, in 2000, we are me just a few months ago, December of Peru. It worked in Bolivia. They will debating on the floor of the House of 1999, asking about what United States say there is so much violence in Colom- Representatives a billion-plus, a bil- military assets are used on the war on bia that it will not work in Colombia. lion-and-a-half-plus package to bring drugs. The report was prepared by the I submit, any of these Members under control the situation with illegal General Accounting Office. It says, should go back and look. Because in narcotics coming out of Colombia. ‘‘Assets DoD contributes to reducing il- 1990, 1991, I flew into Lima, Peru. In These are the series of mistakes. legal drug supply have declined.’’ Then Lima, Peru, I flew in and the airport This is Thursday August 4, 1994. It it goes on to document that decline. was sandbagged. The military was on says, ‘‘Chairman of the two House sub- And oddly, on page 17, it has a state- every street. There was gunfire at committees again blasted the Clinton ment from the United States ambas- night. We could not walk through the administration yesterday for its con- sador to Peru. Our ambassador to Peru streets. The buildings were boarded up. tinuing refusal to resume intelligence warned in an October 1998 letter to the The Indian peasant population was sharing data with Colombia and Peru.’’ State Department that the reduction sleeping in the parks. Now, we would think they would in air support could have a serious im- The Shining Path, as ominous a force have learned by the mistakes that they pact on the price of coca. as the FARC ever was, was slaugh- made. Even members of their own Well, surprise, President Clinton. tering people. And there were right- party in 1994 chastised them for this Surprise, administration officials: co- wing bands also returning the slaugh- horrible mistake in not providing in- caine and heroin prices fall. ter on the other side roaming through formation so that they could go after The other reason that we have had the towns and villages of Peru in a drug traffickers. But, now, these people heroin prices fall is because the United slaughter across that land. So do not do not learn. States gave up its forward operating tell me that we cannot bring this vio- This is an incredible story that just location, which was really the center of lence under control. appeared a week or two ago; and in it our entire antinarcotics effort for the Then they get into the argument, was a report according to Claudio de la whole Caribbean and South America at well, 75 percent of the paramilitary Puente, who is the charge d’affaires at Howard Air Force Base. killed civilians in this, and the other the Embassy of Peru. This particular They knew this was going to happen. side says 52 percent of the deaths were attache said, cocaine trafficking has We held hearings. We went down. We caused by the FARC Marxist guerrillas. increased due to new air trafficking asked them to make certain there were Well, I do not care if they are para- routes, increased land and maritime in place some type of agreement either military, and I do not care if they are transportation; and he said that, in with Panama to continue drug forward Marxist guerrillas. They are slaugh- 1999, there was again reduced surveil- surveillance operations or relocate tering people. They are using the pro- lance which the United States of Amer- those activities. ceeds from their conflict to slaughter ica, which, again, the repeated requests Unfortunately, they failed in the ne- our families here. for assistance, repeated requests for gotiation. They failed to keep even the So that is why interdiction is so im- surveillance data and information to presence of our antidrug monitoring portant. That is why part of our pack- that country have not been provided by activities in Panama. We were com- age deals with interdiction in trying the United States and, in fact, they are pletely kicked out last May 1. And to to, again, bring under control some of now seeing a recent increase in produc- date, and soon we will be approaching the illegal narcotics as they leave the tion of coca cultivation in Peru. the first-year anniversary, we still do source and come out of the source Here we have had in place a program not have in place even a fraction of the country, the most cost-effective way that works. We provide information to capability to detect illegal narcotics we can go after these illegal narcotics. Peru. Peru has taken action and swift coming from their source and go after And we do not have to use one Amer- action and, in fact, shooting some of them. ican service man or woman or put any- the planes, drug traffickers, after nu- We have friends and allies who will one at risk in this process that is pro- merous warnings, out of the sky. We go after them. Peru will go after them. viding some of the information. had a 66 percent reduction in the last 4 Their charge d’affaires cites that they What is sad is that this administra- years. We intercepted 91 aircraft in- shot down 91 planes until 1998. Their tion just does not learn. They shut volved in drug trafficking between 1992 own ambassador tells them a disaster down information going to Colombia and 1997. is heading our way. And they pay no back in 1994. And, of course, the Repub- And unfortunately, it says, since attention to it. licans were outraged. In 1994, we were 1998, the Peruvian Air Force has not Instead, they drag up this trivia that in the minority; we could not do a been able to continue its interdiction again that treatment is the answer, the whole lot. But my colleague, the gen- operations because of lack of U.S. mon- more we spend on treatment. And tleman from California (Mr. HORN), and itoring provided by U.S. AWACS and again we go back to the statements of I pulled this quote up from 1994. It said, other surveillance planes. Lee Brown, our drug czar, in 1994, 1995: ‘‘As you recall, as of May 1, 1994, the Unfortunately, the administration, give us more in drug treatment. We Department of Defense decided unilat- starting with the Vice President, who will treat those 1.1 million untreated erally to stop sharing real-time intel- took some of the AWACS out of the individuals, to the statement made to ligence regarding aerial traffic in drugs South American drug trafficking pat- the gentlewoman from California (Ms. with Colombia and Peru. Now, as I un- tern and put them to check on oil spills PELOSI) last week on the floor of the derstand it, that decision, which has and the President moved some of these House of Representatives, we will treat not been completely dissolved, has assets to Kosovo to deal with one of his those people who are drug addicted, all thrown diplomatic relations with the many deployments there. In the mean- 5.5 million we are up to now, as the host countries into chaos.’’ time, cocaine production and traf- drugs come in unabated to the United That is the gentleman from Cali- ficking is up. We would think that we States and the policy of the adminis- fornia (Mr. HORN) in 1994, my colleague. would learn from 1994. tration, the mistakes that they made We served on the committee together. Then the latest news is, and this is in 1994 getting us into this mess, they Now, we would think that they would March 22, I believe, last week, prices of are repeating again today, and the sup- learn. And we were able to change this cocaine and heroin have fallen to ply of illegal narcotics is coming into after we got support from the other record lows. When we have an in- the United States.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1750 CONGRESSIONAL RECORD — HOUSE April 4, 2000 We also had in this report that I than half of the $300 million, and most with his tough enforcement policy, cited, I requested an assessment of our of that was in three or four helicopters, they were killing on average 2,000 peo- narcotics effort with the military; and Blackhawk helicopters and several ple a year. He has gotten that down to they will tell us that there has been a other pieces of equipment we promised the mid-600 range. Look at the heat he war on drugs. In fact, there has been no 3, 4 years ago. That equipment in al- has taken for a tough enforcement pol- war on drugs. How can we possibly most comical fashion was delivered to icy. have a war on drugs when we take the the Colombians without the proper ar- But here the liberals in the House assets out from the war? moring so it could not be used, the am- and the minorities in the House are This report again provided to me munition was delivered to the loading saying, just give me more treatment, about the assets that were used in the dock of the State Department in again more treatment money. We get those war on drugs, again, I did not prepare a farcical move. people treated and everything will be it, the GAO prepared it just a few The equipment that we have re- fine. But the deluge of illegal nar- months ago, says that flying hours quested, the appropriations that we cotics, and we know where they are dedicated to tracking suspect ship- have made, have been blocked from coming in from, we know the source ments in transit to the United States getting to Colombia. Many of those lib- they are coming in from is Colombia, declined from 46,264 to 14,770, or 68 per- erals on the other side of the aisle have no question about it. Yet they are reticent from fiscal years 1992 to 1999. blocked that aid and equipment. They cent to pass this legislation. Now it Let us see if we can find our chart do not want the hair on the back of one may be blocked because the hour is so here again. This is what they did to us. liberal Marxist leftist guerilla harmed late. From 1992 to 1999, a 68 percent decline under any circumstances. They can The submission of this is almost far- of our assets in tracking suspected slaughter 32 percent or 55 percent or cical. I asked my staff on the sub- drug shipments. Look at what has hap- whatever the percentage is, but that is committee to prepare a time line. July pened here, a dramatic increase in okay. It is the right-wing paramilitary 28, 1999, the U.S. drug czar visits Co- drugs coming into the country. that we have to be concerned about be- lombia and declares an emergency. We So as they have closed down the war cause they are killing, too. will soon be up to July. The 21st of on drugs, now, it would not be bad I do not think we need to be in that September, 1999, President Clinton enough if we just took out our military debate. I think we need to provide the meets with President Pastrana in New efforts to do surveillance from the air. resources to stop those that are dealing York City, endorses Plan Colombia. This report also detailed to me the ship with it, in both the production and That is September 21, last fall. The days devoted to supporting interdiction transit of illegal narcotics into the 24th of October, 1999, 10 million Colom- of suspected maritime illegal drug United States. So yes, this has created bians march for peace. January 11, 2000, shipments declined 62 percent from 1992 an emergency. They are dying in our the White House announces the Colom- to 1999. streets. People do not want to talk bia aid package. Finally, February 7, a Now, they wanted to make sure, if we about it. We say treatment is the an- little over a month ago, President Clin- closed down the war on drugs, we swer. More gun control legislation. We ton submits the Colombia aid proposal closed down completely, well, not com- get those guns under control; we will along with his fiscal year 2001 budget. be in great shape. But do not worry pletely, 68 percent as far as flight time, People are saying, Why now may it about the narcotics, just treat more 62 percent as far as maritime efforts. be in the cycle, the regular cycle? It is people. After we get them addicted, Again, they did not talk about this last not an emergency because we will only then we can treat them. week. They talked about how the war lose another, in the 16,000 range of Of course they do not tell you that 70 on drugs is a failure. Americans dying but they die quiet percent of the public treatment pro- I submit, my colleagues, the war on deaths in those little communities and grams are a failure. They do not tell drugs is not a failure. The war on drugs they are buried in some little family you the statistics we heard in Balti- was sabotaged. The war on drugs was plot, it really does not matter. And the more a few weeks ago that 50 percent closed down. This report unquestion- other 50,000 drug-related deaths, we can of those that are supposed to go to ably documents it. blame it on guns. The situation got so bad and out of treatment do not even show up for Here, this is a great cover. We will hand that they have had to do some- treatment and of the few that end up pass more gun legislation and that will thing. But it was a series of very cal- getting treatment and it is successful, cover up the problem. And then we will culated moves. First, seizing the ex- there is still a pretty serious failure come to Congress and we will ask for change of intelligence and surveillance rate even with those individuals. But more treatment, because we asked for information, and they are repeating the answer is just more treatment. more treatment in 1994 and we told that again. Then decertifying Colombia Again, treatment assumes that we how that was going to solve the prob- without a national-interest waiver. have already gotten to the point where lem and we doubled the amount of They decertified Colombia. we have failed with a human being, they become addicted and now they are money in treatment, but we can come b 1945 telling us we have five times the num- here and do that again and that will By not granting a national interest ber of addicted people we had when keep our people sort of in their place. waiver which they can do under the they said treatment was the answer The saddest part about this is the mi- law, they really banned all assistance some 5 years ago, and I presented their norities are dying by the thousands going to Colombia for 1996, 1997. Al- testimony again today. So time after and the percentage in jail are the mi- most all of the aid that we have re- time this administration and the well- norities, the Hispanics and the blacks quested, and we have had repeated re- intended liberals and really the saddest in this country being slaughtered with quests from 1995, 1996 to get aid, heli- part about this was to see some of the this. It is unfortunately also now in the copters in particular because of the minority Members of the House of Rep- urban centers. The latest reports are it high altitude cultivation of the crop resentatives here engaged in that de- is absolutely ravaging our rural areas. and also access to the remote areas bate, just give us more money for So this is the policy of the Clinton where the narcoterrorists are plying treatment for our people, just treat administration, a failed policy. If I their trade. Simple equipment re- these folks and that is the answer. came here and just said that we had quests. We even passed more than a They forget that in our Nation’s cap- stood by and let this happen, I would year and a half ago an appropriation of ital we have been killing on average 400 be as guilty as they. We have put in $300 million to get assistance there. young black African American males a place some effective programs. We have What is funny is some of the report- year for the last 10 years. We have just a multitiered, a multifaceted approach ers and others who report on this $300 first made a dent in it in the last year that involves source country eradi- million, Colombia is now the third or two. That is 4,000 human beings cation, cost effectively, interdiction as largest recipient of U.S. aid. First of slaughtered. In Baltimore, 300 on aver- it is coming from the source, engaging, all, that aid has barely gotten there age slaughtered in that city. Until using our military for their surveil- even at the beginning of this year, less Mayor Giuliani took over in New York lance.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1751 Prevention. Prevention is a big ele- Central American corridor accounted SLAVERY IN SUDAN ment. We have passed under Repub- for 55 percent of the detected cocaine The SPEAKER pro tempore (Mr. lican leadership one of the largest pre- shipments for the first half of 1999. TOOMEY). Under the Speaker’s an- vention and education increases in the Then it goes on, Mexican traffickers nounced policy of January 6, 1999, the history of any Congress, and those pro- generally control wholesale cocaine gentleman from New Jersey (Mr. grams are now under way. And, of distribution. PAYNE) is recognized for 60 minutes. course, even under the Republican con- Trends. Now we are up to trends. Mr. PAYNE. Mr. Speaker, this trol of the House since 1995, we have in- Mexican and Dominican trafficking evening I would like to address the creased treatment some 26 plus per- groups are assuming a more prominent House about a problem that has been cent. That is only the direct funds. role in distribution. Trends. The DEA around for the last 40 years at least in There are many other indirect funds. reports that Chicago has become a the country of Sudan, and that is the But treatment again is not the only major distribution hub for Mexican or- question of slavery, chattel slavery, answer. ganizations. It goes on. out and out selling of men, women, and The other part of this equation, of Heroin. Mexico is one of the four children in that part of the world. course, is Mexico. I have been a critic major sources for heroin found in the of Mexico because of two things. First, U.S. Heroin. Heroin production for b 2000 United States policy towards Mexico Mexico in 1998 is estimated at six met- First of all, let me just say that which is a failed policy has been, is and ric tons. He does not tell you the fig- there are throughout the world prob- continues to be a failed policy, and ures we have gotten is that probably a lems as they relate to the abuse of chil- Mexico is also the main trafficking 20 percent increase in heroin produc- dren and the practice of slavery. We see route of that illegal narcotic that is tion in Mexico. Nearly all the heroin it in Nepal, we see it in Burma, we see produced in Colombia. In fact, we now produced in Mexico is destined for the it in Bangladesh and Mauritania. But know there are relationships of drug United States. there is a tremendously extreme prac- traffickers for both of those countries. Mexican heroin is dominant in the tice. They are all bad, they should all What is amazing is that this adminis- West. Mexican traffickers rely on en- be corrected; but tonight I would like tration just weeks ago certified Mexico trenched polydrug smuggling. Mexican to deal with the country of the Sudan. as cooperating in the war on drugs. organizations move heroin. Trends. The Sudan, one of the richest countries General Barry McCaffrey went down to The U.S. through Mexico. Mexican or- in the world with natural resources, Mexico City, I have a report from the ganizations. The average size of heroin but one of the most impoverished coun- news, and he told reporters that Pan- shipments originating in Mexico. Pro- tries because of the practice of its gov- ama in particular faced a full scale as- jections. Mexican heroin. And then ernment, a government which has been sault from narcotics traffickers since methamphetamine. It ends with Mexi- a brutal dictatorship, the al-Bashir last December’s handover of the canal. can national organizations. government and Turabi, but ever since Where were they then? He says, But a few days before, Barry McCaf- the independence of Sudan. Actually ‘‘They’re switching back. There’s a lot frey is in Mexico and he said Haiti is the first African nation to become more now showing up in Haiti, Domini- the problem, he said in a briefing in the independent on the continent back in can Republic, Jamaica. Haiti is the U.S. ambassador’s residence in Mexico. January of 1956, even prior to its inde- problem.’’ This same administration certified pendence, there was a problem between General McCaffrey said in a briefing Mexico as cooperating. That certifi- the north and the south and from these in the United States ambassador’s resi- cation gives them trade, finance, aid, many years of struggle, this question dence in Mexico City on last Wednes- and assistance, U.S. aid and assistance. of slavery continued on, and today it day night. So he is down in Mexico, and Do you know what the response from continues. It is actually a travesty he is saying Haiti is the problem on the administration is and from other today to think that as we move into February 11. On February a few days groups and Mexicans? We should not the new millennium, we have slavery later, I get the interim report from the have the United States certify whether being practiced in the world. drug czar’s office, the highlights of the we are cooperating. That should be Mr. Speaker, I have had the oppor- National Drug Threat Assessment for given to another party, to a third tunity to visit Sudan on a number of the year 2000, and the executive sum- party, to an international organiza- occasions. My first visit to Sudan was mary. Let me read some of it. It talks tion. So an international organization in 1993 when I visited there with Harry about cocaine. would decide whether or not Mexico is Johnston, a former Member who then Chicago has become a major source eligible to get continued trade, aid, and chaired the Subcommittee on Africa, of cocaine, a hub for Mexican organiza- financial benefits from the United and we traveled to the south to the tions. Then it goes on to heroin. It States of America. Sudan to explore and to see firsthand says, the average size of the heroin Have we gone cuckoo? Here is the re- this problem. I have been back many shipment is increasing and more Co- port that is given to me on the overall times since. We saw the conditions lombian heroin is being smuggled drug problems and trends. Mexico’s there. In my recent trip just in June of through Mexico. Then it goes on to name time after time, yet this Presi- last year with the gentleman from Col- methamphetamine. Florida has become dent, this administration certified orado (Mr. TANCREDO) and Senator an eastern hub for Mexican national Mexico as cooperating and fully eligi- BROWNBACK when we traveled to Loki methamphetamine organizations. Next ble for all the trade and finance esti- in Kenya, which is a Sudanese refugee on methamphetamine threat, it says mates. I could blame this just on the camp in Kenya, and then into the south Mexican organizations are expanding administration, but there are too many of Sudan to Yei and Labone in south- manufacturing and distribution east- others on both sides of the aisle who ern Sudan to see again the terrible con- ward. The next one says the average are willing to turn their back and take ditions by the NIF-lead government, purity of Mexican methamphetamine, a dollar while illegal narcotics are the National Islamic Front government it goes on and talks about that. pouring into our country. of al-Bashir and Turabi. It talks about cocaine and crack find- The sad part about this, the saddest So we thought that we would have a ings. Mexican and Colombian groups note about this is Mexico is slowly los- dialogue this evening about this par- control most of the cocaine transpor- ing its grip on its national sovereignty. ticular situation. I will begin by yield- tation to the United States. It goes on Corruption has turned to violence, and ing such time as she may consume to and says Mexico remains the primary they are slaughtering in Mexico at an the gentlewoman from the District of conduit for cocaine to the United unprecedented rate in almost every Columbia, and then she can yield back States. The next sentence, there are state which is now controlled from the to me as I will continue on; and I am two primary corridors for movement lowest police officer to the president’s sure that she may have some addi- from South America to the U.S. One is office in Mexico with illegal narcotics. tional comments as we move through the Mexico-Central American corridor. A sad tale but a tale that needs to be almost in a colloquy, but to bring this The next part of the assessment, threat told to the Congress and the American dastardly situation to the attention of assessment to the U.S. The Mexico- people. the public of the United States and the

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1752 CONGRESSIONAL RECORD — HOUSE April 4, 2000 world, because we cannot live in the and many of us in this country thought what is happening so that we can all new millennium and have practices that that was the end of slavery and engage in whatever is necessary to that go back to medieval days. the last we would hear of it. The fact is bring it to an end. So at this time I yield to the gentle- that in our own homeland in Africa, Mr. Speaker, I yield back to the gen- woman from the District of Columbia there still exists slavery. tleman from New Jersey. (Ms. NORTON). I would say to the gentleman from Mr. PAYNE. Mr. Speaker, I appre- Ms. NORTON. Mr. Speaker, I thank New Jersey, what heartens me is the ciate the gentlewoman from the Dis- the gentleman for yielding. If I may, I joint resolution that has been passed trict of Columbia for her many years of would like to begin by acknowledging by the House and the Senate deploring work. As she has indicated, she has the work of the gentleman from New government-sponsored slave raids in been involved for many, many years, Jersey. He is a former chair of the Con- southern Sudan. This resolution was and of course her outstanding record as gressional Black Caucus and a senior passed by this House, I believe it was in she lead the civil rights movement in member of the Committee on Inter- June, calling upon the Sudan govern- this country, and the tremendous national Relations. He has indicated he ment to cease the practice of slavery. amount that she has contributed, not has traveled to Sudan on a number of It passed in this House by a vote of 416 only to civil rights but to the rights of occasions. He has met with former to 1, and the Senate has passed a simi- women. It is certainly indeed an honor slaves. He has pressed this Congress; he lar bill, or a similar resolution, 97 to 2. for me to be joined by her this evening. has pressed the administration. I have So we have the administration, we As I have indicated, the Congres- been bothered for years by slavery have both houses, and we have both sional Black Caucus has been looking around the world. The gentleman has parties raising their voices this at this problem for some time. After indicated that it is not confined to evening. The gentleman from New Jer- my 1992, 1993 visit to southern Sudan, Sudan, tragically. But I have been, as sey and I speak for the Members of this we had at my international affairs he has been, particularly drawn to House and the Senate, we feel con- brain trust, which I conduct every year slavery in an African nation. He and I fident to say, when we say that slavery with a number of members of the Con- are two of almost 40 Members of this exists in Sudan and slavery will not be gressional Black Caucus at our annual body who are direct descendents of Af- condoned in Sudan by public officials legislative conference, we had the ques- rican slaves, so it is perhaps natural in this country or by the American tion of slavery in the Sudan as a major that we would be drawn especially to people. issue. We had people who are slaves slavery in any part of Africa. I recognize, Mr. Speaker, that the who showed their backs where they had Because I had been so concerned and slavery is a by-product of the civil war been whipped. We had the outstanding could think of very little to do, I there that has gone on for 32 of the 42 well-renowned model from southern passed the gentleman in the hall and years that the Sudan has been inde- Sudan Alex Wek, who last year came indicated to him that perhaps he and I pendent, and that if we talk to people and talked about visiting her village, might do a Special Order, because I felt there of the government in northern seeing her grandmother for the first so powerless and I felt his leadership Sudan, they will say that they do not time in many years and talked about and knew that there were many others have slavery; there may have been the abuse of the government. As we in- like him; but that this problem simply some hostage-taking. Well, Mr. Speak- dicated, the colonial administration had not had the voice that I think it is er, when they, in fact, take women, did very little investment in trying to beginning to get tonight. Our voices children, young boys, work them, en- bring this country together and when represent the entire Congressional gage in rape, people who were not in- the colonial powers left, there was this Black Caucus, many Members of this volved in combat, you are not taking split between the north and the south. House and the Senate, as I shall indi- hostages, you are taking slaves. The al-Bashir government today con- cate in a moment. Before I turn back to the gentleman tinues its war policy in southern I should also acknowledge the work from New Jersey, I would just like to Sudan, unmercifully condones slavery, of our former colleague here in the indicate one or two features of the res- and it is the number one supporter of House who is now in the Senate, Sam olution that we passed. In our resolu- State-supported terrorism. BROWNBACK. I have not spoken to Sen- tion, virtually unanimously in this As we know, Dr. Martin Luther King ator BROWNBACK, but I do know that he House, we indicated that there was a said that injustice anywhere is a threat has taken slavery, and especially slav- genocidal war in southern Sudan, a to justice everywhere, and I think his- ery in Sudan, as a cause of his own. He war, in other words, to wipe out the tory will judge what we do or do not do is not of our party, but the gentleman people or, in a real sense, to convert here in order to free the slaves and in from New Jersey and I cannot imagine them culturally and religiously away order to bring this question to the at- that slavery would be a partisan issue, from their own religion. There are tention of the American people. A dec- and we are so pleased to see that there Christians and animists. ade ago, a radical faction took power in has been bipartisanship on this issue. In our resolution, we indicate that Khartoum and forced and turned Afri- This is, after all, April 4. the declaration of principles of the ca’s largest nation into a killing field. April 4 is a somber day for America, intergovernmental authority for devel- because it is the day, of course, that opment mediators is the most viable b 2015 Martin Luther King, Jr., was gunned negotiating framework to resolve the It conducted a self-declared holy war down. So it is a day that lives in in- problems of Sudan. We talk about the by preventing food deliveries to starv- famy, and it lives in remembrance. I prolonged campaign and human rights ing people, bombing villages, and tak- have just come from a radio program abuses of the National Islamic Front ing slaves. where I was speaking to young people government. We indicate what is surely Slave-raiding is the terror weapon of who know nothing of that day, but if the case and must be acknowledged, choice. Arab militias storm African there is any way to remember that and that is that the gentleman from villages, killing the men, taking the day, it is certainly to remember that New Jersey and I, and the House and women and children. Escaped and re- slavery still exists in this world, and the Senate, and the Republicans and deemed slaves tell of being ripped from discrimination and racism still exist in the Democrats, do not stand alone, their homes, roped by the neck, and this country. that the National Islamic Front gov- forced to march in columns north Mr. Speaker, as we look to Africa in ernment is considered by much of the where they are raped, branded, and ways that were unheard of, such as the world community to be a rogue state forcibly converted. Africa trade bill, we should also look at because of its support for international The Sudan government, like Stalin the forgotten submerged people of Afri- terrorism and its campaign of ter- and Pol Pot’s use of famine to kill its ca who cannot think of trade today, rorism and slavery against its own peo- enemy, has been one of the real trage- but can only think of being traded per- ple. Those words need to be said. We do dies. The government of Khartoum son to person. We are, after all, more not need to soft pedal what is hap- uses food as a weapon. It has been esti- than 130 years after the 13th amend- pening in Sudan. We need to wake up mated that close to 2 million people ment to the Constitution was passed, people here and around the world to have died in Sudan, catastrophes that

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1753 make Kosovo and Chechnya look like they know who I am talking about. vestment program in South Africa with just small incidents. Two million peo- They call themselves the Little Aboli- apartheid, the Dellums bill, and the ple died of starvation, malnutrition, tionists, and that is how they got in- gentleman from New York (Mr. RAN- because of this government in Khar- volved. That is one of the reasons the GEL) and Bill Ray had the divestment, toum. gentleman from Colorado (Mr. we are saying this Talisman Energy Actually, in 1998, tens of thousands of TANCREDO), who is their member, who Company should be targeted and they Africans died a slow death when Oper- heard about this at a church and then should be penalized for cooperating ation Lifeline failed to break the food knew about Mrs. Fogel’s class, he with a pariah government that wreaks blockade and allow food to go into the heard about what they were doing and havoc on its own people. south of Sudan. There is a U.N.-oper- got involved in this issue. We can go on about that, but I will ated Operation Lifeline Sudan, OLS. There are students from over 100 ask the gentlewoman from the District But in order for food to pass through, schools around the country. As a mat- of Columbia (Ms. NORTON) if she has the government of Khartoum must give ter of fact, this little school from Den- any other comments she would like to permission for the food to be delivered. ver got letters from Japan, people writ- make at this time. I yield to the gen- When they want to wreak more havoc ing them asking them about how to get tlewoman from the District of Colum- on the people of the south, where the involved. Then in Newark, we started bia (Ms. NORTON). civil war is raging, they simply will to introduce this throughout the coun- Ms. NORTON. I thank the gentleman not allow the U.N. and humanitarian try. Black churches in Los Angeles and for yielding, Mr. Speaker. organizations to bring the food to the Newark have started to raise their The gentleman has indicated that he south. voices in a chorus of outrage, and are has seen with his own eyes and felt the Dr. John Garang, who has been fight- talking about this question of Africans terror himself. That is an amazing ex- ing with the south Sudanese liberation being enslaved today. perience, especially since there have movement, SPLA, has asked that food There is a national divestment cam- been denials by the government, even be allowed to come in without the ap- paign, and we were very pleased that at some in this country, that there is proval of the government. But that is Paradise Baptist Church, actually as slavery in the Sudan. This gentleman still, working through UNICEF and the we talk about Dr. King, and this was has seen it with his own eyes. Coalition of Food Agencies, Operation the infamous day, the day he was Later on, I would like to indicate Lifeline, Sudan, that is the only way struck down in 1968, and as a matter of some of the testimony from ex-slaves, that food can get into the south of fact, Dr. King had just visited Newark, former slaves, in the Sudan so as to Sudan. A hostile government that is New Jersey. This was the last visit he make more vivid why this is such a hostile against its own people makes made on his way back to Atlanta and pressing issue for decent people around the determination. on to Memphis. the world. Then we have heard about the bomb- I was with him that morning at a The gentleman has indicated that ings, where these old Russian planes, school that I had taught at, then the there are schoolchildren in this coun- Antonovs, fly over the villages. Only 2 South Side High School, where he came try so moved that they have started months ago, while our envoy was in and spoke to the students in 1968. Then their own abolitionist movement. We Khartoum, Special Envoy Harry John- that evening at Abyssinia Baptist have churches and other Americans ston was meeting with the al-Bashir Church, when Dr. King left and went who just feel they cannot stay still. government, bombs were dropped on a back home and then to Memphis, we Actually, we do not know how many hospital killing 16 people, mainly know what happened then. slaves there are. They are African women and children. But on January 16, celebrating Dr. slaves, we know that. The estimates go When I visited at my last trip, we Martin Luther King’s life, I was invited from 20,000 to 100,000. With all the had to look and listen to hear whether by Reverend Jethro James at the Para- chaos and civil war in Sudan, no one the Antonovs were coming. We came in dise Baptist Church in Newark to come has kept a record, although, amaz- from the south, and they say if they to his church. Rather than talk about ingly, there are villages where they lit- come, there is a little place you can domestic issues and civil rights in this erally keep close records of people who dive into a hole. The people in the vil- country, and the question of affirma- have been stolen. lages, they look at the chickens, be- tive action and the talk about police We know they are Christians and cause the chickens actually are the misconduct, the issue was about slav- they are animists. Animism simply is a first to be able to detect that the ery. I was very pleased to be asked to kind of native African religion. These planes are coming. When the chickens deliver the sermon at that Sunday are the two groups that are targeted start to react, then the children begin morning. here. The Sudan is 70 percent Muslim. to run and move around in a kind of From that morning, we have had a Only about 5 percent are Christian. Ap- frenzied way. move on this national divestment cam- parently they are seen as some kind of That is when the adults, the elderly, paign. See, there is a company called threat. the other people, know that the bombs Talisman Energy, a Canadian com- What we have in the Sudan is a kind are coming. Is that not a horrible way pany. They are drilling oil in Sudan. of cultural war, a desire to wipe out to spend day after day; peaceful vil- They are in partnership with the Ma- the culture of these people, the religion lages trying to scrape out an existence, laysians and the Chinese. of these people. Nobody should feel as a life, have to keep their eyes on the What this oil is doing, now that they strongly as Americans, where people chickens because the children watch have completed the oil lines, is to fled precisely because people were try- the chickens, and then you watch the bring more money to the government. ing to convert them to a religion that children because then you know that Black gold is like blood oil. was not their own. If they have a reli- they may be raining bombs on you. It This company, the Talisman Energy, gion, they have to remain with that re- is, as I indicated before, it is even a Canadian company, has investments ligion, so a civil war breaks out. premedieval behavior from the govern- all over the country. We have started a When we say to people, you cannot ment that sits in Khartoum. divestment program in this country. I have your religion or you cannot have What we have done, we have started was proud, as we pressured the State of your culture, you have to have some an educational system there. There are New Jersey, that they sold 850,000 other culture, as the gentleman has youngsters all over the country who shares several weeks after the atten- said, this has been going on for a very are starting to learn things. As a tion and the news media and the news- long time, here. In a real sense, the former teacher, I know that one of the paper accounts of that Dr. King pro- animus between these two groups pre- strongest elements is to get this infor- gram, where various persons came and cedes their independence, and is an- mation in the hands of children. spoke and talked about this terrible cient. Nevertheless, it has become ab- There is a class out in Denver that travesty that is going on in the world solutely intolerable in our world today. has raised $100,000. The class, and I today. The antislavery movement, as it have spoken to them on the phone and We are saying that we should target were, involves everything from class- her name will come to me soon, but companies. Just as we have had this di- rooms and schoolchildren to a Swiss

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1754 CONGRESSIONAL RECORD — HOUSE April 4, 2000 group that makes it its business to go it is the gentleman’s work that has led There has been some controversy around essentially buying back slaves. his State to be the first to come for- about having food go into Sudan in They have freed, that is to say, bought ward and say to Talisman, not in this ways other than the Operation Lifeline back, upward of 20,000 slaves. country. I think the gentleman de- Sudan, but we think that that is an im- At the same time, I have to report serves much of the credit for what has perfect way. We think that food should that the antislavery movement that happened in New Jersey. be made available from whatever buys back slaves has become con- I want to tell the gentleman that he means necessary, and that food should troversial, at least in some official cir- has inspired me to look into the pen- get to the people in the South who are cles. When we hear that people are buy- sion funds of the District of Columbia, starving. There has been some opposi- ing back slaves, the first instinct is to and to ask my counsel and my mayor tion to having food go into the country say, thank goodness. UNICEF and some to look to see if we are invested in Tal- in ways other than the established others have indicated some compunc- isman Energy. I hope that, at least out OLS, but we think that that is really tions, however, about buying back of what we are doing this evening, and not working and, therefore, something slaves, because they think that it mo- out of what the gentleman has encour- else should happen. tivates the slave raiders to capture aged to happen already in New Jersey, As we have seen in Bosnia recently more African slaves and drives up the we can encourage Americans and oth- and in Serbia with the arrest of people prices. ers around the world to engage in a di- for war crimes, people being brought We can imagine, though, how the vestment movement. before the International Court of Jus- schoolchildren and groups who are buy- I do not know if there are other com- tice, we have seen in Arusha, the ing back slaves respond to that. No- panies. Talisman Energy has, of course, Rwandan genocide trials going on by body else is doing anything about it. If caught the attention of the country, the United Nations, we think that the you were a slave, I guess you would fig- and they deserve the disinvestment Khartoum government must cease in ure if anybody comes along that can they are receiving. its criminal acts or it needs to be held get me out of this and free me, then I would say to the gentleman, I do accountable for its actions. please let them do so. have more to say, but in the spirit of We are holding Milosevic accountable Until we find a governmental solu- going back and forth in the colloquy in in the Balkans for his war crimes, and tion, we are leaving these slaves either which we are engaged, I yield back to the al-Turabi and al-Bashir govern- to rot in slavery or to some self-help the gentleman at this time. ments must also be judged accordingly escape, or, of course, to whatever help Mr. PAYNE. I thank the gentle- as crimes against humanity. We need private individuals can bring to them. woman very much. to take a look at an indictment of The argument on the other side, from The points that the gentlewoman these people who have continued the those who have been buying slaves, is from the District of Columbia brings plight, as I mentioned, of 4 million peo- that there has been no increase in the out are very, very cogent points. We ple. As I mentioned, 4 million people slave trade as a result of buying back are encouraging Comptroller Carl have been displaced, and 2 million peo- slaves. In fact, they say that during pe- McCall to take a look at the State of ple have died over the course of 40 riod of intense liberation, when slaves New York and the expanse of invest- years. had been brought back in large num- ments that that State has, and also the Although these gentlemen have only bers, the raids have decreased. teachers’ annuity funds nationwide. been involved in the last decade or so, I am not certain, and there are no of- Teachers have probably the largest we need to start holding heads of state ficial objective observers that can tell annuity and pension funds, and we accountable. We saw what happened in us one way or the other. I do know that want those representatives to take a Europe as related to Argentina’s the slaves are between a rock and a look at their portfolios, because we former dictator, where until his health hard place. Nobody has come up with a need to let people know that there is became an issue there was an indict- solution. We can understand why peo- no profit in dealing in human misery. ment being charged against him. ple would step forward and say, we You cannot have a bonus by virtue of I think that the time has come that have to do whatever we can do. your behavior in dealing with an un- we need to tell criminal heads of state Please remember slavery in this just system. that they are going to be held account- country. Please remember John Brown. So as we target the Talisman Com- able, that they are going to be in- Please remember the abolitionists, who pany, we will continue to, one, gen- dicted, and they need to be brought to were considered extremists because erate more involvement from the trial. when slavery was the official policy of church movement throughout the the United States and nobody would do country. We will continue with Mr. Ja- b 2030 anything about it, people were driven cobs and his antislavery movement, It makes no sense that we tolerate to do whatever they could. which has printed material, has be- this. Up to now, we just had Band-Aid At least what is happening with come involved in getting material to approaches to fix some of these prob- churches here, with the schoolchildren, children, to schools, to churches, and lems and so if we are going to be effec- with the Swiss movement that is buy- has done a very good job. tive we must go to the root causes and ing back slaves, is peaceful and is liber- The gentlewoman does bring up an the root cause is the government of the ating people. It puts a price on people’s issue that UNICEF and the antislavery north. heads, but they, of course, are free. movement have had a debate about, Now, I do have to applaud the admin- The gentleman has also spoken about whether to purchase the slaves is the istration for applying sanctions almost another movement. There is the libera- right policy. We who want to see the two years ago on the government in tion movement and there is the divest- policy ended do not want to get good the north, and they have held to most ment movement. I agree with him, that groups battling each other about what of the sanctions. Of course, many cor- at the very least the divestment move- is the right way to go. We should focus porations are opposed to sanctions but ment is called for. I do believe that on the pariah government and deter- I think that in this extreme situation with what has happened in New Jersey mine ways that government should be that that is the least that these cor- to divest in Talisman Energy, which is brought down UNICEF wants to do it, porations can do. Invest somewhere Canada’s oldest independent oil com- the antislavery group wants to. I sup- else until we change that government. pany, what has happened there is like- port all of the efforts that are going on. We cannot reward this government for ly to catch fire everywhere else. I do believe, though, that in the leg- its continued use of these terrible prac- In neighboring New York, the first islation recently passed, in the Sudan tices. In addition to what they have elected black official State-wide, the Peace Act, there was a provision that reeked on their own people, Sudan has Comptroller, Carl McCall, is leading we put in that would enable the Presi- also destabilized her neighbors. In his State towards the same kind of dis- dent to block American investment in Uganda, the Sudanese government investment that New Jersey has begun. Sudan and also to break the food gives direct support to the Lord’s Re- I must say to the gentleman from New blockade to feed starving southern Su- sistance Army, a rebel base group that Jersey, I cannot help but believe that danese. kills and tortures its own people. The

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1755 Lord’s Resistance Army abducts chil- government in Khartoum in ending the Khartoum’s approval are engaged in dren also, sort of the same practice of bombings and stopping the safe raids slavery. what is allowed by the Khartoum gov- but to date they have been unsuccess- b 2045 ernment. They will go in and they will ful. kidnap children and then make these I have to commend President Moi I mean, that is like the United States children in the front line of any attack who comes under criticism in his coun- Government, I will say to the gen- that is coming. So the Army of Uganda try for things that are happening tleman from New Jersey (Mr. PAYNE), that is trying to stamp out this group there, but I have to commend him for telling us in 1920 that these people who is confronted with the fact that there his attempt. I spoke to him face-to- are going around lynching blacks are are children sort of shielding the sol- face just a month and a half ago about operating without their approval. All diers of the Lord’s Resistance Army. the problem in Sudan and he is very they had to do was arrest someone. I This is condoned by the government of troubled by it and he is also troubled think the message would have gone Sudan. by the lack of progress that has been throughout the south. There would We have had allegations of terrorism, made as he has been attempting to have been thousands of black people and terrorists are harbored there in have a change of heart with the gov- who would have been saved from lynch- Sudan. ernment. ing. Back, as I indicated, to my visit to So we certainly will continue to The fact is that this is a militaristic Sudan in 1992, 1993, when I returned I fight. We will continue to raise this government. If it wanted to stop the introduced the first piece of legislation issue. We will continue to bring this slavery, it knows how to do so. It does that I did on slavery in the Sudan. I issue before the persons of this Nation, not want to do so. It condones it. It is cannot even believe that it has been al- before the children of our schools, be- involved up to the teeth in this cul- most 7, 8 years ago but I introduced fore the churches in our communities. tural war. It is a civil war, and their legislation on slavery in Sudan and We have seen people become interested. way of dealing with it is to strip these that legislation called for the State De- We get phone calls from people who people of their religion and of their partment to list all covert and overt want more information and we send culture. That is uncivilized. That can- forms of slavery in the region. It also them or we refer them to an organiza- not be condoned anywhere on the plan- called for the U.S. to cut off aid to tion like the Anti-Slavery Movement et under any circumstances today. countries that aid in selling or buying or other groups that are working with I would say to the gentleman from any Dinka men, women or children. this issue, but I must say that we are New Jersey that I would like to close The Dinka tribe is the tribe in the growing in numbers. and give him the opportunity to close south, basically Christian. I used to say before the gender ques- this special order by simply referring Many of them are animists, as has al- tion, start me with ten who are stout- to some of the testimony so that it will ready been indicated by the representa- hearted men and I will soon give you be clear that we are speaking here for tive of the District, that there is just a 10,000 more. Of course, today I will say slaves and ex-slaves who cannot speak small number of people who are in 10 who are stout-hearted men or for themselves, who do not have access other religions, and this has been women, and we will see this grow until to the podium that we come before to- where we have seen the north reap its we have an army of people of goodwill night. vengeance on these people in the south. that will say we will no longer tolerate I was particularly struck by words That legislation also called for the ad- these injustices. Start me with 10 and I from the Calgary Herald in Africa, De- ministration to report to Congress will soon give you 10,000 more, and that cember 26, and I would like to quote be- within 3 months about the U.S.’s ef- is what is going and they said shoulder cause this was an article that involved forts to end slavery and it called on the to shoulder we grow bolder as we meet an interview of a former slave United Nations Security Council to im- this foe, that must be taken out. Natalinia Yoll. Here the article said, pose an arms embargo on the govern- I once again appreciate the interest ‘‘She could hear the galloping horses in ment until they condemn the enslave- of the gentlewoman from the District the distance. She had lost her shoes in ment of innocent civilians and take ap- (Ms. NORTON). As she indicated, she saw her rush to escape the Arab marauders. propriate measures against the per- me in the hall and said we just have to As she headed for the deep under- petrators of the crime. talk about it; it is on my chest. We growth, she knew she would eventually Let me just say that removing it to a have to get it off. Let us just discuss it, be safe and avoid being taken as a new millennium, as I said, we have and that is what we are doing here at slave. human beings still being enslaved, this time. ‘‘But she was still running, and branded like cattle, used as chattel and Since we have maybe 15 minutes left, screaming, trying to find out if her property. Sometimes children are sold I will yield to the gentlewoman and mother was close by. Looking back for as little as $15 apiece. The govern- then I will conclude after she com- would cost her precious seconds. ment tolerates, if not condones, the pletes her remarks. ‘‘Running, running, running. Then, as kidnapping and enslavement of these Ms. NORTON. Mr. Speaker, I thank though someone had made an opening, women and children. They have ways the gentleman from New Jersey (Mr. she found solace in the deep, thick of brutalizing where a child is afraid to PAYNE) for yielding. Once again, I bushes. Alone, scared, tired, but safe— try to escape because if they catch one thank him for his consistent leadership for now.’’ they will cut his foot or sever his on this issue, for his work not only in Running, Mr. Speaker, like an ani- Achilles tendon, or brutal things that the Congress but throughout the Na- mal. This was a human being. Some- will just prevent the next one from try- tion. how this reporter makes me feel what ing to leave. Even in some countries, This evening, what he is doing, I it must have been like. some of the oil rich countries, young think, his 10,000 men to join him, his He goes on to say, ‘‘This is where she boys are brought to their countries as 10,000 women, I think has indeed some would remain for days, weeks, until it slaves for camel racing, because they possibility. I certainly want to join. was safe to return to her village. This need light-weight persons to be the The gentleman knows that the Khar- is where other members of her village jockeys on the camels. toum government had long denied that would join her.’’ This is another inhumane situation there was slavery at all in the Sudan. The woman is now married. She mar- that goes on today and is tolerated by It is interesting that just last year, ried an African in Nairobi, Kenya. heads of state. So we have a very seri- when the evidence began to be over- These are her own words: ‘‘Will I ever ous situation. We have been trying to whelming because journalists from be able to sleep without disruption? work at peace in Sudan. We have had around the world had documented end- The memories are vivid, I can still President Moi who heads a group called lessly the slavery because the slaves smell the horses chasing me. How can I the IGAD group which are made up of themselves were offering irrefutable possibly forget?’’ states in the Horn, Ethiopia, Eritrea, testimony, then Khartoum said that, She indicates that the marauders Egypt, countries in that region to try yes, there is slavery but only inde- take young boys. They want young to work out some solution with the pendent Arab tribes operating without boys, because they want young boys

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1756 CONGRESSIONAL RECORD — HOUSE April 4, 2000 who have no memory of their culture that it moves toward. If you see them in the Democratic Republic of the so they can completely convert them, ending human rights abuses by easing Congo, and that those folks who are on get them to speak another language, off the economic sanctions imposed in other sides, Uganda with Museveni and Arabic, as it turns out, get them to for- 1997, I have to say one would have to Rwanda with Kagame and Burundi get that they ever had their own reli- see very strong evidence in order for with Buyoya, on one side, fighting gion. Then they take girls and women, any of us to believe that that is what against Zimbabwe, Mugabe’s group and because girls and women are always should happen, but you have to begin Namibia with Sam Nujoma and Angola helpless in every society, or at least to find a way. with President dos Santos, that that more helpless than men. Then they sell Ms. Albright has suggested that this cease-fire will hold. them, apparently, to Arab merchants country would pick up the costs of the We are seeing Sierra Leone, the bru- and put them to work on farms. next round of regional peace talks in tal mutilation by the RUF, but that This woman, Natalinia Yoll, spoke of Sudan, and the administration did ap- government hopefully having a govern- being placed in a circular compound, point a peace envoy to Sudan, but, of ment of reconciliation, and that bru- fenced off with thorns. She talks of vile course, that did not get very far, be- tality will end there. We hope that health conditions. She spoke of work- cause the adamants against moving to- Cote D’Ivoire will have an election this ing with livestock. wards peace could not be stronger. spring after the cue that recently took Now I am quoting her, ‘‘Escape is the I do want to end, finally, with what I place. most important issue on their minds.’’ have to say with some evidence of what We have some bright spots. We see ‘‘Every day they plan, strategize. Get- it is like to be a slave in Sudan. Here the government of Senegal who just ting out of this hell hole is the only I am quoting from a slave, we were had an election and had a positive thing that occupies their thoughts. But roped together, 16 people to a rope, and transference of government. We have so many don’t make it.’’ marched to the land of the Arabs. seen South Africa move from Mr. Natalinia Yoll’s father and two There some of us were sold to a farmer, Mandela to Mr. Thabo Mbeka. brothers did not make it. Ali Mohammed, who made us servants We have seen Botswana that has been I am particularly moved by the to his wives, Fatima and Zenib. I very stable for decades with the new Dinka youth who apparently are worked dawn to night but was never President there, Festus Mogae. We see among the targeted prey, because these given even a coin. My food was table positive movement on the continent, children are captured so young that scraps. Zenib beat me with a stick if I still very difficult, still a long way to their marauders turned them against moved too slowly or broke a jug. But go, but we are seeing, at least, an at- their own people. They are enslaved so Fatima was kind and took pity. Once tempt and some positive steps. As we conclude, we must also expect young, they do not have any idea where she gave me a sugar piece. to see some positive results in Sudan. they came from, where their birth fam- Another detail that particularly We must not continue to allow children ily might be, so they simply speak the strikes home, as far as I am concerned, to be sold and to be raped and to be oppressor’s language. Did not we learn they said I must be a Muslim, that I beaten and to be tortured. We can no to speak the oppressor’s language? We must pray on Fridays, and that also I must be cut like an Arab lady. This ex- longer let governments sit in high have forgotten the language of our slave is talking about female circumci- places without having to pay the con- forbearers. We know, we feel what that sion. sequences. is about. Reverend William Chan, a Dinka We can no longer allow leaders to feel I do want to say something about Roman Catholic priest, remains there they can do what they want any time after freedom. One would think, well, and somehow has survived in Southern they want to and go above the law. We when people are free, that is it. These Sudan. Mr. Speaker, I would say with have to have the prosecutions by the people, when they are free, when they gratitude to the gentleman from New International Court of Justice. We can are bought back apparently are ter- Jersey (Mr. PAYNE) that I would like to no longer allow medieval times in our ribly damaged, humiliated, broken. end with words from this priest. Rev- supersonic era. These things must stop. They are often walked back to their erend William Chan, we pray for our We will continue to fight. villages in 110-degree heat. They are brothers and sisters who are slaves. We We are on the right side. We know surely grateful to be freed. But they pray that the ears of the world will one that we are going to win, but it is walk hundreds of miles back from the day open to the cries from Sudan. We going to be the work of all of us, the north to their home region that they rejoice in the knowledge that God, our children, the church people, the politi- have been bought for $50 a head. They father, hears us. cians, the investors, the housewives, are stripped of their religion. Mr. Speaker, I yield to the gentleman just everyone saying that enough is They go back, not at all certain that from New Jersey (Mr. PAYNE). enough. they will remain free. The marauders Mr. PAYNE. Mr. Speaker, let me I cannot thank the gentlewoman can come again. They can be sold back thank the gentlewoman from the Dis- from the District of Columbia (Ms. again. That is why people are buying trict of Columbia (Ms. NORTON) for that NORTON) enough for her joining me in these slaves. very moving and personal report of this colloquy-type special order. The Mr. Speaker, when you face this kind people who have simply told it like it fact that we are now moving forward to of desperation, at least in the United is. I think that we have to remember see victory, I think, is the right way to States, if you could get North, away that no one is free until everyone is go, the right direction. from slavery, apparently, if you get free, and that the government has lied Once again, I thank the gentlewoman South, back to where you came from, that truth. from the District of Columbia (Ms. the marauders can come and get this Of course, the earth will rise again, NORTON) and the gentleman from Vir- again. This is intolerable. This is hell. because no lie can live forever, and, fi- ginia (Mr. WOLF), the gentleman from What to do? I do want to say some- nally, that the arch of the moral uni- Ohio (Mr. HALL), Senator BROWNBACK, thing about that. Our country is try- verse is long, but it bends towards jus- the gentleman from Colorado (Mr. ing. Obviously, we cannot go there. tice. TANCREDO), the gentleman from Lou- This is not a situation where we can As we look at the situation there, as isiana (Mr. COOKSEY), who has a very simply storm the country and do some- we look at the continent and we see strong interest, the gentleman from thing about it. This is not that kind of this year 2000, hopefully a settlement California (Mr. ROYCE), chairman of situation. It is not what the American to the tragic conflict. For example, in the Subcommittee on Africa, who has people want, and that is not what we Ethiopia and Eritrea with two good done tremendous work, the gentleman want. leaders, like Prime Minister Meles and from California (Mr. CAMPBELL), who I I do applaud Secretary Albright for President Isaias who are intelligent, have traveled with in the South of what she is trying to do. There is some bright men, will hopefully continue to Sudan, these are people who are saying notion that one way to, perhaps, bring cease-fire and come up with a peace enough is enough, and the gentleman Sudan to its senses, make it into a civ- plan. from New York (Mr. MEEKS) and the ilized nation, would be to reward the We are hoping that the Kabila gov- gentlewoman from California (Ms. country for progress towards any peace ernment would move towards elections LEE), those who are on our committee.

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1757 b 2100 First of all, the fire service of this not be a FEMA bureaucrat. The first THE NATION’S FIRST RESPONDERS country, which consists of 32,000 fire responder in any city, in any town, in departments, 85 percent of whom are any county across America to a ter- The SPEAKER pro tempore (Mr. volunteer in every State in the union, rorist incident will be a locally-based KUYKENDALL). Under the Speaker’s an- and including 1.2 million men and fire and/or emergency responder. nounced policy of January 6, 1999, the women, have responded to disasters in So now we at the Federal level are gentleman from Pennsylvania (Mr. America longer than the country has asking our country to prepare, and yet WELDON) is recognized for 60 minutes. been a country. Two hundred fifty we have not given any supportive sub- Mr. WELDON of Pennsylvania. Mr. years ago this organization of dedi- stance to these men and women who we Speaker, I rise this evening to thank cated men and women sprang up to ba- are asking to respond to a different our colleagues for action taken in this sically protect our towns and cities. type of threat to our stability, and that body last Thursday when we made an And all across America, for the past 250 is the threat from the use of a weapon historic vote and, for the first time in years, these men and women have proof mass destruction. For these reasons, the history of this Congress, voted tected us from every type of disaster Mr. Speaker, it is totally appropriate money in the emergency supplemental known to mankind, from those that are that we at the Federal level provide legislation for our Nation’s first re- natural to those that are man-made. some help to our emergency response sponders, our Nation’s fire and emer- And they have done it very well. community. gency management personnel. In fact, it is the only profession that Now, those who would say that the I rise tonight to pay tribute to and to I can think of where the bulk of those Federal Government’s support of $100 discuss that legislation, but also to involved are volunteers and that loses, million for the fire service is simply an clarify one part of that legislation on average, 100 of its members every attempt to federalize them could not which I had to remove because of con- year; that are killed in the line of duty. be further from the truth. First of all, fusion and misrepresentation stated on Now, we have police officers that are the volunteer fire service in this coun- the House floor in what was a very lim- killed, we have military personnel that try, which makes up 85 percent of those ited debate. are killed, but they are paid. That does 32,000 departments and 85 percent of First of all, Mr. Speaker, the legisla- not make any difference. It is still a those 1.2 million men and women, has tion itself is appropriate for an emer- tragic loss when that occurs. But with no interest in being federalized. They gency supplemental bill because it, in the fire service, each year, on average, have no interest in being taken over by fact, is aimed at our domestic emer- 100 of them are killed, and the bulk of the State or their county. It is a proud gency responders. Also in that legisla- those who are killed are volunteers. tradition. tion was $4 billion for our military, They are doing what they do because Having been born and raised in a fire which was desperately needed and they want to protect their commu- service family, and having risen to the which I heartily supported, to help nities. Yet, Mr. Speaker, at the Federal position of president of my fire com- them overcome the shortfall in funding level, we have done little to assist pany and then chief of a volunteer fire because of the level of deployments these people because it has been department, and training director of an that the President has gotten our mili- thought of in America as a local juris- academy for 80 of those companies, I tary involved in. But for the first time dictional responsibility. understand the fire service mentality. in this legislation the Congress voted But, Mr. Speaker, some things have These are proud Americans. They want by a margin of 386 to 28, a very lopsided been changing. First of all, the size of to protect their communities, and they margin, to support my amendment the disasters in recent times have been do not want government to become in- which would provide $100 million to the unprecedented. The floods of the Mis- volved. However, Mr. Speaker, they are Nation’s fire and emergency services. sissippi River in the Midwest, the facing some very unique challenges Now, let me discuss why this is so Loma Prieta and Northridge earth- that require us to provide some assist- important, Mr. Speaker. Over the last quake, Hurricanes Floyd and Andrew ance. 10 years, we have seen unprecedented and Hugo. All of these incidents in- First of all, the volunteers are having increases in the number of disasters in volved a massive impact on ordinary an extremely difficult time recruiting this country. Hurricanes, floods, torna- people. The first responders to every new volunteers. They are spending so does, earthquakes, wild lands fires, the one of these incidents was not the mili- much of their time raising money, World Trade Center bombing, the Okla- tary, it was not the FEMA bureaucrat, through tag days and chicken dinners homa City bombing, the Atlanta Olym- it was not the civil defense person in and bingos in the fire hall, that they pic bombing, numerous HAZMAT inci- the county courthouse. The first re- are taking away from their ability to dents, high-rise buildings, and other in- sponder in every incident that we have train and to take care of the apparatus cidents involving potential and real faced as a Nation has been the local and prepare for the kinds of situations situations where lives have been lost fire and EMS person, be he or she paid they have to respond to. So fund-rais- and people have been injured. or volunteer. ing is becoming a larger and larger Now, admittedly, Mr. Speaker, re- And, Mr. Speaker, these disasters part of the requirement of the volun- sponding to local disasters is a local re- have had a terrible impact on the abil- teer firefighter to meet the needs of sponsibility, and as a conservative Re- ity of these first responders to replace the fire department. We need to pro- publican on fiscal issues, I do not want equipment that was ruined, to buy new vide some assistance in that effort. to change that. As a former mayor, equipment that is needed, or to deal Recruitment is a big problem all over having been before that a local volun- with the kinds of tragedies that these America. I have traveled to all 50 teer fire chief, and a director of fire natural and man-made disasters have States, I have spoken to every State training for some 80 fire companies as caused. fire and EMS group in the country. a volunteer, and then going back and But there is something else that is And in every State I have heard the working in my own community and happening, Mr. Speaker. In the 1990s, same message: We are having a tough then going on to serve on my county we began to see a new threat emerging, time recruiting young people. Money council, county commission, I under- a threat involving weapons of mass de- from the Federal Government can pro- stand that life safety is a local respon- struction: Chemical, biological or per- vide the assistance necessary to recruit sibility, and my amendment did not in- haps even small nuclear devices. And young volunteers. tend to change that. This was not an all of a sudden the buzzword around the Let me just give my colleagues a attempt, as some would say, to fed- beltway is that we should provide more piece of frustration that I have heard eralize the fire service. It was not an support for our military, for our civil around the country. This President and attempt to have the Federal Govern- defense community to respond to ter- this administration, largely supported ment move in to take over jurisdiction rorism that would include a weapon of by the liberal wing of this body and the or responsibility for what should be a mass destruction. But, Mr. Speaker, other body, a few years ago created a State and local issue. But, Mr. Speak- again, the first responder to a terrorist well-intentioned program called er, we have to understand some hard act will not be a military unit, it will AmeriCorps. We were told by President facts. not be a National Guard unit, it will Clinton that AmeriCorps was going to

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1758 CONGRESSIONAL RECORD — HOUSE April 4, 2000 be great because it was going to give teers. Then what will we have to do, What a terrible waste of time, Mr. people a sense of commitment back to Mr. Speaker? We will have to spend bil- Speaker, and what a terrible waste of their community. He told us it was lions of dollars of taxpayer money to resources to have an inner city chief going to create volunteers in our towns replace the volunteers. Billions of dol- have to write down messages when peo- and our cities. Well, here we are, Mr. lars. In fact, one estimate done by a re- ple’s lives are at risk. Speaker, several years after search agency came up with a figure of Mr. Speaker, that is not the excep- AmeriCorps has been funded. And guess $36 billion a year. That is what it tion. That is, unfortunately, more com- what, Mr. Speaker. We are spending al- would cost to replace the volunteer fire mon all over this country as we lack as most a half a billion dollars a year on service of this Nation. a Nation an integrated coordinated AmeriCorps, and yet not one of those communications network. Mr. Speaker, b 2115 32,000 fire departments can qualify for we need to understand that our domes- AmeriCorps funding. It is in our interest to provide a tic defenders deserve as much atten- Even worse than that, Mr. Speaker, small sum of money to help these peo- tion as our international defenders. when the Presidential Summit on Vol- ple to continue to protect their towns, Now, as a senior member of the Com- unteerism was held in Philadelphia a to help them continue to do the kinds mittee on Armed Services, I support few years ago, the National Volunteer of things they have been doing for 250 the military, I support the $4 billion Fire Council, which represents all the years. add-on in the supplemental. We spend volunteer fire organizations in Amer- Now we have a similar problem with almost $300 billion a year on our Na- ica, was not even invited to attend. I the paid fire service. The paid fire- tion’s international defenders, and we had to threaten the administration, fighters, who largely protect our inner value every life that is put on the line threaten to hold a counter demonstra- city areas and our more urban areas in when they go into harm’s way to pro- tion in Philadelphia if they at least did the suburban districts around our cit- tect America. Mr. Speaker, it is about not invite the national volunteer fire ies, are finding it extremely difficult to time we put the same value on the council, which they eventually did. But protect the constituents of their geo- lives of those people who defend our the point is, here we are at the Federal graphical areas because of the kinds of cities every day of the year. level spending a half a billion dollars a new threats that we see emerging. Now, Mr. Speaker, these fire and year on supposedly creating volun- The World Trade Center bombing, EMS personnel respond to every dis- teers, which by the way, Mr. Speaker, where we had 100,000 people at risk, was aster that we can think of, from toxic are paid a salary and are given health totally dealt with by the very profes- materials in our chemical plants and care benefits and, in some cases, are sional New York City Fire Department, our oil refineries to hazmat explosions given college tuition, and yet we have yet they did not have the communica- on our highways to the kinds of nat- done nothing for the volunteer fire tions equipment they needed. And, in ural disasters that I discussed early on service, which for the past 250 years fact, the fire commissioner at that in my comments this evening. And has protected this country, and which time, a friend of mine who is currently they are faced with more and more in every one of those 32,000 depart- the police commissioner in New York, technical challenges as they try to deal ments has volunteered completely, told me that the single biggest need with these difficulties in saving peo- without any active support from any they had was an integrated commu- ple’s lives. level of government. nications capability to be able to com- For all of these reasons, Mr. Speaker, It is time we helped these people, Mr. municate among themselves as well as it is important that this body made the Speaker. It is time we understand that with State and Federal agencies. statement that it made last Thursday. we in Washington do not have to find Chief Mars, the chief of the Okla- In fact, Mr. Speaker, the paid and vol- ways to create volunteers and pay homa City Fire Department, another unteer fire, an EMS community of this them. The volunteers are already paid department, a very capable de- country, are the true American heroes. there. And I would also offer this, Mr. partment, came in and testified before If we want to take one group of people Speaker. I cannot think of one my committee 1 year after the Murrah that perhaps better than any other AmeriCorps volunteer who risked los- Building bombing in Oklahoma City group exemplified what America is all ing his or her life in the course of his and he told me the story of the commu- about, it is the men and women of the or her duties. Again, 100 of the Nation’s nications system in Oklahoma City, emergency fire and EMS services fire and EMS personnel every year are which is typical of communication sys- across this country. killed in their line of duty, and yet we tems across America. Now, they do not wave their flags and at the Federal level have done nothing He said, when he arrived on the stand up and come lobby the Hill. They for them. scene, his radio system very quickly do not have high-powered lobbyists to Mr. Speaker, those who would say became overtaxed and he could not put big money into the pockets of peo- that we are trying to pay volunteers communicate with the police or with ple running for office. But they are out could not be further from the truth. I the FBI or ATF or the other agencies there every day of the year, 24 hours a will outline what this money is going because they were all on different fre- day, protecting our towns and our cit- to be used for. It is going to be used to quencies. Some were on high-band fre- ies; and they have done that well be- help recruit new volunteers, to help quencies. Some were on low-band fre- fore the country was an actual nation, better train to deal with incidents in- quencies. But they could not commu- over 250 years. volving terrorist activity. It is going to nicate with each other. In fact, our volunteers are oftentimes be used to help create loan programs Because of the impending threat to the backbone of their community. It is and matching programs to buy new hundreds of people that were trapped in the hall where we go to vote on elec- equipment, to buy turnout gear, to buy the building or who were unaccounted tion day. It is the group that organizes breathing apparatus, to make sure that for, time was of the essence and the the July 4 parades, Memorial Day cele- our volunteers and our paid firefighters chief had to respond quickly. So he brations, the Christmas parties for the nationwide are properly protected and switched to portable cellular phones. kids in the community. It is the group able to respond to incidents that they And there on the scene, law enforce- that we all call when the cat is in the will be facing throughout this year and ment agencies and Federal agencies tree, when the cellar has been flooded, in ensuing years. were communicating with the fire chief and when we need a search party to Mr. Speaker, that is what my amend- through cellar telephones until the cell find a lost child. And if we allow this ment was all about. And for those who became overtaxed and the system group of people to have their needs think that we are trying to undermine failed. unmet, America is going to be torn volunteers, let me just say this. The So then the chief of Oklahoma City apart because it will tear apart the fab- worst way to undermine volunteers is Fire Department, a very capable paid ric of our local towns and cities. to do nothing. Let the volunteers con- department in this country, had to re- There is no group of people that we tinue to be frustrated, let them con- sort to handwriting messages and have can find in 32,000 departments across tinue to spend all their time raising firefighters and EMS personnel carry this country in Democrat and Repub- money until there are no more volun- those messages to other line officers. lican strongholds that are there day in

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1759 and day out to protect their commu- rural volunteer fire program from $3.5 even though I had broad bipartisan nities. million to $2.5 million in 1 year. That support on both sides of the aisle for For all of these reasons, Mr. Speaker, is not a commitment to helping the the initial amendment, there were 5 I offered the amendment that I did last fire service. minutes called for by an opponent who Thursday, an amendment that said My amendment fully funds the rural rose at the eleventh hour at the last that we should step in and provide fire protection act to provide matching minute while the amendment was on emergency help for these emergency dollars for those small rural depart- the floor objecting to one provision in responders. And this House voted over- ments across America in our farm- my legislation, and I want to discuss whelmingly, Democrats and Repub- lands, in our rural areas where they that tonight because I could not clarify licans joined together hand-in-hand really need to buy that antique or used it in the minute that I had to respond and said, we agree. Three hundred truck, where they need to buy that to what was 3 minutes of accusations. eighty-six Members voted yes. Twenty- extra set of turn-out gear. It provides Mr. Speaker, there was an objection eight voted no. Mr. Speaker, this matching funds. So the money they raised to one part of my amendment strong show of support is the strongest raise from chicken dinners and tag that would have changed the language indication we have ever had in Wash- days can be matched now with $10 mil- dealing with how local communities ington that it is time we help these lion of funding from the Federal Gov- can spend Federal community develop- brave men and women. ernment. ment block grant monies. Now, some would say, wait a minute, The second $10 million, Mr. Speaker, As my colleagues know, Mr. Speaker, $100 million is a lot of money. Let me goes through FEMA to provide burn re- Federal community development block make some comparisons, Mr. Speaker. search. Nothing is more important to a grant funds, which I strongly support, I have listened to this President firefighter. And let me say this, Mr. are designed to help low- and mod- stand up in this podium eight times Speaker, that there is no injury more erate-income Americans. In fact, we now. I have heard him talk about the traumatic than a burn. Having been a spend $4.8 billion a year on the CDBG importance of our Nation’s teachers. fire chief, having responded to numer- program. As a teacher by profession, I agree with ous situations where both innocent Now, Mr. Speaker, the town that I him. I have heard him look us in the people and fire and EMS personnel used to be the mayor of, which before eye and talk about how we need to put have been burned, I can tell my col- that I was the fire chief of, is one of the funding for another 100,000 teachers to leagues there is nothing more trau- most distressed towns in Pennsylvania. help our kids. I understand his mes- matic than that type of injury. We were a prime target of CDBG funds sage. I have heard this President stand We need to do more in the area of re- before I became the mayor and while I up in that podium and talk about the search for burn treatment, burn pre- was the mayor. I understand the role of need to help police officers around the vention, and the cosmetic surgery nec- CDBG dollars in poor areas. country, to put 100,000 cops on the essary after a burn to allow a person to After serving as mayor, I served as a street. live a normal life. county commissioner over a county of Mr. Speaker, in our budget each year The $10 million in our amendment almost 600,000 people in suburban we provide over $3 billion for local law last week is used to match money from Philadelphia county, again with a large enforcement efforts nationwide. Again, local nonprofit burn foundations all concentration of impoverished people Mr. Speaker, that is over $3 billion a across America, not just to benefit fire- along our water front. I was again a year. We even match the local towns to fighters but to benefit those children strong supporter of the CDBG program. buy the costs of the police vests, the who might dump over a scolding pot of But, Mr. Speaker, I saw some problems bulletproof vests that protect police of- coffee or hot water and cause them- and some opportunity with that pro- ficers if in fact they are shot. selves to be burned. That burn research gram that I want to discuss and which I support those efforts, Mr. Speaker. money is absolutely essential, and even were a part of my amendment. But is a police officer more important, 10 million is not really enough. Current regulations, Mr. Speaker, is a teacher more important than a The biggest part of the $100 million, specifically define what kinds of activi- paid or volunteer firefighter, a paid or Mr. Speaker, $80 million dollars, goes ties CDBG funds can be used for. voluntary EMS person, especially when to create a program administered by b 2130 the bulk of them are volunteers? FEMA of competitive grants that any In the 8 years I have heard that one of the 32,000 fire and EMS depart- The ultimate decision is not done by President speak from that well, I have ments in America can compete for. the Federal Government but rather the not heard one word from that podium They have to match it dollar for dollar. funds are passed to the States and about the Nation’s first-responders, not Some of our States have low-interest passed to our towns on a formula basis one word about the fire and EMS per- loan programs. They can use this and our counties, and they must prove sonnel, who are the first thing in our money. Some of our towns put some that 70 percent of those funds are being inner cities on drug deals that have local tax money in. They can use those used to benefit low and moderate in- gone sour, who are the first responders dollars. Or, again, those fire depart- come personnel. I support that ratio. I when a person has a heart attack or a ments can use the money they raise am not opposed to that. But, Mr. stroke, or when an accident occurs and from their bingos, from their tag days, Speaker, let me talk about some in- there has got to be a rescue, or when from their chicken dinners, from all equities in the program. There is noth- people are fleeing a refinery and they the other fund-raisers they hold. ing more important to a poor person are running in to protect the property That $80 million, by being doubled than having their life saved, than being and the lives of the people around that and matched dollar for dollar, will cre- rescued from a burning building, than facility. Not one word. ate $160 million of additional spending being pulled from a traffic accident or Well, this Congress spoke up last to help the men and women of the fire a HAZMAT incident. In fact, Mr. Thursday and it spoke up in a bipar- service of this Nation. The money can Speaker, across America, the largest tisan way and it said it is about time be used to help create programs that concentration of heavy industry as it America recognizes these unsung he- will help them recruit new volunteers, was in my hometown where half of my roes who have asked for so little. that will help our paid departments re- town was made up of oil refineries, the What will that $100 million do, Mr. duce casualties and reduce injuries. largest concentration of hazards are in Speaker? Well, first of all, $10 million Mr. Speaker, nothing could be more poor areas. But yet even though the will fund for the first time the rural important than this commitment of CDBG dollars are designed to be modi- volunteer fire protection program. funding for our real American heroes. fied and doled out at the local level by Now, this administration, which talks That is what the amendment did, and local officials, there has been a prohibi- about being supportive of fire service, that is why it received such broad bi- tion against local county commis- especially when they had their budget partisan support. sioners and mayors and city councils director go before the IAFF union But, Mr. Speaker, in the brief from using the CDBG dollars for fire meeting here in Washington, this ad- amount of time we had to discuss the and life safety unless it is totally con- ministration cut the funding for the amendment, which was 10 minutes, fined to the impoverished area of that

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H1760 CONGRESSIONAL RECORD — HOUSE April 4, 2000 jurisdiction. My amendment sought to was out to gut the CDBG program or let this CDBG issue die. Because I want clarify that, Mr. Speaker. My amend- undermine CDBG, it offended me. In to give my colleagues some examples ment simply said that there are exam- fact, it outraged me. That was not the that my colleagues on the other side ples where a jurisdiction has low and intent and that was not the substance and a couple of my colleagues on my moderate income people who have of the legislation. The people who side should have been talking about. needs of fire and life safety that we made those statements, Mr. Speaker, You want some undermining of the need to broaden and specifically define owe the fire service of this Nation an CDBG program? Let me just give my the uses of CDBG dollars for. Some ex- apology. I hope every firefighter and amples, Mr. Speaker. If we wanted to EMS person in this country who heard colleagues two examples as someone establish in my home county of Dela- the kind of comments made last week who served as the mayor of a poor town ware County, which is typical of many will let their feelings be known to their for 5 years and a county commissioner counties across America, has a small Member of Congress to our colleagues and chairman of the county commis- concentration of low and moderate in- that that was uncalled for. Our effort sion for 5 years overseeing CDBG dol- come people along the waterfront, if we was to provide flexibility for local lars. My colleagues on the floor said, wanted to use CDBG dollars for a coun- town councils and for local mayors to we don’t want to use this money for tywide training facility that would re- clarify the use of CDBG dollars for fire fire and life safety and for emergency spond to those incidents in the impov- and EMS purposes and to allow CDBG response. But you did not hear them erished communities where the heavy funds to be used for programs that ulti- mention that it is allowable under the industry is, we could not do it, because mately benefit low and moderate in- law to use that same money for his- under current regulations by HUD, come people as well as those areas those CDBG dollars could not be used around there where the emergency re- toric preservation in the richest towns for a training facility unless it was to- sponse groups go in from time to time in America. You cannot use the money tally in the area of the poverty and or assist in the effort of providing life to provide life safety but you can use it only used by those fire departments safety measures for our low and mod- to restore old buildings in the richest within the area of jurisdiction of the erate income Americans. That was towns in our counties. impoverished community, not broader what my amendment was about. And Mr. Speaker, there is a second allow- than that area alone. So it is not cost anyone who attempts to try to charac- ance of that CDBG money under cur- effective. So it does not get done. And terize that amendment in a different rent Federal guidelines, under HUD’s the CDBG money that could be doing a manner was just being untruthful. It stupid rules, you can use that money to lot more to help the poor cannot do it. was unfortunate that my colleagues, cut curbs and sidewalks. Mr. Speaker, I In fact, we should be able to assist largely on the minority side, got cold am not against cutting curbs and side- those fire and EMS departments that feet. And instead of doing what our ma- walks. I want to see people who are regularly respond to impoverished jority whip wanted, the gentleman challenged and are confined to wheel- communities. Now, in my home coun- from Texas (Mr. DELAY) for whom I ty, if there is a major fire in an oil re- have the highest respect, and that was chairs be able to get up and down on finery which is in a poor area, all the to leave that provision in the amend- curbs and sidewalks throughout my fire departments around our area come ment, I felt it would have jeopardized town and throughout my county and in with them. Those fire departments the overall amendment itself and, throughout my State, but as a former are all volunteer. They are coming therefore, I asked unanimous consent county commissioner, I can tell you from communities that might not be to modify the amendment and remove that that was one of the only eligible low and moderate income. But they are that provision. I wish I had not had to programs besides historic preservation protecting the lives of poor people. Yet do that, Mr. Speaker, because then in- that could be used in any town in our the current CDBG regulations, Mr. stead of $100 million for the fire and county, even the richest one. So what Speaker, specifically prohibit the use EMS community, we could have had did we do? We did like every other of those dollars to benefit the life- access to several hundred millions of county does, we cut every curb and saving activities of fire and EMS de- dollars, perhaps even up to $1 billion of sidewalk in every town we could. And partments that are called into impov- available dollars going to our local so hundreds of thousands of curbs were erished areas. Mr. Speaker, that does towns to give our local county council cut in towns all across America, in not make any sense at all. There is an members and our mayors and city many cases where no handicapped per- accident on a major highway going council members the authority to use son would ever travel. I remember the through a city and a volunteer fire de- some of that money to help provide former mayor of Philadelphia, the cur- partment from a neighboring commu- more protection, not less, for low and rent chairman of the Democratic Na- nity responds and rescues the people. moderate income Americans. In my tional Committee, Ed Rendel, a good There is a prohibition against using own county, those funds could have mayor, once stating his frustration those CDBG dollars to help that fire or been used for enhancing our county- with Federal funds, that they had cut EMS department out. That was what wide fire training to benefit our low every curb on the major expressways my amendment was about, Mr. Speak- and moderate income people. It could going to the city, yet it would be im- er. It was not, as some of my col- have been used to set up a countywide possible and unsafe for any handi- leagues said, an attempt to undermine HAZMAT team that could have re- capped person to cross that street, but the CDBG program. That was hogwash. sponded to those incidents in those low he did it because it was one of the only In fact, it was an out-and-out lie. Some and moderate income areas. It could ways to spend CDBG dollars to help in of my colleagues knew it was a lie. have been used to provide an emer- curb improvements. There was no attempt to undermine gency response antiterrorism unit to So, Mr. Speaker, the irony of the the CDBG program. I take my commit- respond again to low and moderate in- amendment I offered last week was my ment to poverty very seriously. I was come areas. But it was shot down, or it colleagues were saying to me we do not born the youngest of nine children in a was forced on me to withdraw that want to support your effort to help res- poor town. I have supported every ef- amendment because of misstatements cue poor people, to help rescue handi- fort by this Congress to help empower that were made on this House floor in capped people trapped in high-rise poor people. I was the coauthor of leg- a brief 5-minute period of time. My col- buildings. We want to use the money to islation 3 years ago that this adminis- leagues, especially on the other side, cut curbs on sidewalks where a handi- tration objected to to increase our did not want to have a vote that they capped person may never ride or may community services block grant pro- could not properly explain to their gram by $100 million, and we did it. We folks back home and did not want to be never go or we want to use it to restore led the effort on the Republican side of perceived to perhaps be antipoverty, historic buildings in our wealthiest the aisle, not the Democrat side of the antipoor when that was not the issue towns. My goal was to help use those aisle, for that $100 million increase. So at all. dollars and help give that local flexi- when Members stood up with 1-minute But I say this, Mr. Speaker. There bility for county commissioners and soundbites and said this amendment will be another day. I am not going to council members and mayors to help

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1761 save those handicapped people, to de- the other body. I am asking our col- Ms. HOOLEY of Oregon, for 5 minutes, velop training mechanisms and re- leagues to use their influence and their today. sponse to enter those buildings, to res- influence with other individuals to sup- Mr. WU, for 5 minutes, today. cue those people from floods and torna- port legislation that we have passed Mr. PALLONE, for 5 minutes, today. does and earthquakes. But unfortu- here. Mr. BARCIA, for 5 minutes, today. nately, my colleagues, again largely on The SPEAKER pro tempore. The gen- Ms. MILLENDER-MCDONALD, for 5 min- the minority side, said to me, ‘‘If you tleman should refrain from urging any utes, today. keep that in, we can’t support your particular action on the part of the Mrs. THURMAN, for 5 minutes, today. amendment.’’ And so as a result, I Senate. (The following Members (at the re- pulled that provision from my amend- Mr. WELDON of Pennsylvania. I am quest of Mr. JONES of North Carolina) ment and I had to offer the amendment not asking the Senate to do anything, to revise and extend their remarks and in an amended form with only the $100 Mr. Speaker. I am asking our col- include extraneous material:) million of funding. leagues who are in the House to take Mr. NORWOOD, for 5 minutes, today. Mr. Speaker, I hope our colleagues, appropriate action. I am not chal- Mr. BURTON of Indiana, for 5 minutes, in reading both my statement last lenging the other body to do anything. April 11. Thursday and my comments here to- If the parliamentarian would listen to Mr. METCALF, for 5 minutes, today. night, understand what really hap- my statement, I am challenging the Mrs. KELLY, for 5 minutes, today. pened with the provision for CDBG. It Members of this body who happen to be Mr. GUTKNECHT, for 5 minutes, today. was not an attempt to undermine the our colleagues in the House to take ac- Mr. JONES of North Carolina, for 5 CDBG program. It was not an attempt tion and support the legislation we minutes, today. to get our foot in the door, as one of passed last Thursday. my colleagues said. Mr. Speaker, there f is no better way to help poor people b 2045 ADJOURNMENT than to provide life safety for poor peo- Mr. WELDON of Pennsylvania. Mr. Mr. WELDON of Pennsylvania. Mr. ple. Today HUD has a system of meas- Speaker, so I do not get the Parliamen- Speaker, I move that the House do now ures that do not make sense, that are tarian upset again, I will just say that adjourn. ridiculous, that are outrageous, as I to all of our colleagues who supported The motion was agreed to; accord- just cited in two instances are a gross the amendment last week, I would en- ingly (at 9 o’clock and 46 minutes waste of taxpayers’ money. I think, Mr. courage them to continue to exert p.m.), the House adjourned until to- Speaker, the program needed reform their full influence in having the legis- morrow, Wednesday, April 5, 2000, at 10 and I will continue this effort, hope- lation that we passed not just leave a.m. fully with my colleagues’ support. Mr. this body quickly with the support of Speaker, again I want to thank our col- the Speaker, but to also be joined in a f leagues who voted for the amendment. bipartisan effort to become law. I EXECUTIVE COMMUNICATIONS, For those who did not I would ask would urge our Members to use their ETC. them to reconsider. I now want to voice to convey that message to their Under clause 8 of rule XII, executive focus the attention of our colleagues constituents all across America, be- communications were taken from the on the other body. cause passage in this body is not Speaker’s table and referred as follows: Mr. Speaker, we need to create an enough. It is a nice message, it is a awareness among our Senate col- great win, but it does not, in fact, be- 6931. A letter from the Chief, Programs and leagues that this issue is extremely im- Legislation Division, Office of Legislative come law until the entire process is Liaison, Department of Defense, transmit- portant. I would ask my colleagues to completed. ting the Secretarial Determination To Tem- lobby the leaders in the other body on So, Mr. Speaker, I encourage our col- porarily Waive The Applicability Of 10 U.S.C. the need to move this legislation to leagues to use their voices with their Subsection 2466(a); to the Committee on provide this $100 million of funding. On constituents and interact with their Armed Services. the way home from Washington last constituents across America to get the 6932. A letter from the Assistant Secretary, week, Mr. Speaker, I had the pleasure message of the importance of fire and Force Management Policy, Department of of a phone conversation with a distin- life safety across this Nation. Defense, transmitting the annual report on Access and Purchase Restrictions in Over- guished Senator from Delaware, BILL Mr. Speaker, again I want to thank seas Commissionary and Exchange Stores; to ROTH, who this year is chairman of the all of our colleagues on both sides of the Committee on Armed Services. Congressional Fire and EMS Caucus the aisle for their actions. I want to 6933. A letter from the Director, Office of which I formed 13 years ago. Senator thank them for their support. This Legislative Affairs, Federal Deposit Insur- ROTH has said that he will champion measure is historic. It is an unprece- ance Corporation, transmitting the Corpora- this issue in the Senate and even dented event and is one that I hope will tion’s final rule— Loans in Areas Having though Senator LOTT has said he will eventually become law, and with the Special Flood Hazards—received January 21, not bring up an emergency supple- support of the Nation’s First Respond- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mental bill as an individual piece of Committee on Banking and Financial Serv- ers, I am confident that will happen. ices. legislation, Senator ROTH has said he f 6934. A letter from the Office of Postsec- will champion the amendment that I LEAVE OF ABSENCE ondary Education, Department of Education, offered as a separate freestanding ef- transmitting the Department’s final rule— fort in the Senate. Mr. Speaker, we By unanimous consent, leave of ab- Preparing Tomorrow’s Teachers To Use need our colleagues to use every bit of sence was granted to: Technology (RIN: 1840–AC81) received Janu- energy to convince every member of Mr. DIAZ-BALART (at the request of ary 21, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); the other body to support Senator Mr. ARMEY) for today on account of of- to the Committee on Education and the Workforce. ROTH’s efforts in moving this $100 mil- ficial business in his district. 6935. A letter from the Chairman, Board of lion piece of legislation through in a f Trustees, Harry S. Truman Scholarship very quick and timely manner. I would SPECIAL ORDERS GRANTED Foundation, transmitting the Foundation’s encourage our colleagues to enlist the annual report for 1999, pursuant to 20 U.S.C. support of their constituents all across By unanimous consent, permission to 2012(b); to the Committee on Education and America. address the House, following the legis- the Workforce. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lative program and any special orders 6936. A letter from the Acting Director, Of- The SPEAKER pro tempore (Mr. heretofore entered, was granted to: fice of Administration, Executive Office of the President, transmitting the White House KUYKENDALL). The Chair must remind (The following Members (at the re- personnel report for the fiscal year 1999, pur- quest of Mr. MCNULTY) to revise and the gentleman that he is to not ask for suant to 3 U.S.C. 113; to the Committee on action in the other body. extend their remarks and include ex- Government Reform. Mr. WELDON of Pennsylvania. I am traneous material:) 6937. A letter from the Secretary, Depart- asking our colleagues, Mr. Speaker, to Ms. KAPTUR, for 5 minutes, today. ment of Health and Human Services, trans- respond. I am not asking for action in Ms. BALDWIN, for 5 minutes, today. mitting a report of surplus real property

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transferred in FY 1999 for public health pur- Mr. LINDER: Committee on Rules. House MCINNIS, Mr. LEWIS of Kentucky, Mr. poses, pursuant to 40 U.S.C. 484(o); to the Resolution 457. Resolution providing for con- FOLEY, Mr. MATSUI, and Mr. BECER- Committee on Government Reform. sideration of the bill (H.R. 3660) to amend RA): 6938. A letter from the Executive Director, title 18, United States Code, to ban partial- H.R. 4163. A bill to amend the Internal Rev- Committee For Purchase From People Who birth abortions (Rept. 106–559). Referred to enue Code of 1986 to provide for increased Are Blind Or Severely Disabled, transmitting the House Calendar. fairness to taxpayers; to the Committee on the Committee’s final rule—Additions and Mr. SHUSTER: Committee on Transpor- Ways and Means. Deletions—received January 20, 2000, pursu- tation and Infrastructure. H.R. 2328. A bill to By Mr. BACHUS (for himself, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee amend the Federal Water Pollution Control PAUL, Mr. DELAY, Mr. JONES of North on Government Reform. Act to reauthorize the Clean Lakes Program; Carolina, Mr. BARR of Georgia, and 6939. A letter from the Assistant Secretary with an amendment (Rept. 106–560). Referred Mr. RILEY): for Planning and Analysis, Department of to the Committee of the Whole House on the H.R. 4164. A bill to prohibit the Board of Veterans Affairs, transmitting notification State of the Union. Governors of the Federal Reserve System that the inventory of commercial activities Mr. SHUSTER: Committee on Transpor- from implementing certain proposed revi- currently being performed by Federal em- tation and Infrastructure. H.R. 1775. A bill to sions to Regulation B of the Board that would allow the race, color, religion, na- ployees has been completed; to the Com- catalyze restoration of estuary habitat tional origin, or sex of an applicant for a mittee on Government Reform. through more efficient financing of projects nonmortgage credit product to be noted on 6940. A letter from the Administrator, En- and enhanced coordination of Federal and the application with the applicant’s consent; vironmental Protection Agency, transmit- non-Federal restoration programs, and for ting the FY 1999 report pursuant to the Fed- to the Committee on Banking and Financial other purposes; with an amendment (Rept. Services. eral Managers’ Financial Integrity Act, pur- 106–561 Pt. 1). suant to 31 U.S.C. 3512(c)(3); to the Com- By Mr. CANNON (for himself, Mr. DISCHARGE OF COMMITTEE mittee on Government Reform. GEORGE MILLER of California, Mr. 6941. A letter from the Chairwoman, Equal Pursuant to clause 5 of rule X the BILBRAY, Mr. FILNER, Mr. HANSEN, Employment Opportunity Commission, Committee on Resources discharged Mrs. NAPOLITANO, Mr. HUNTER, Ms. transmitting the 1999 Assurance Statement from further consideration. H.R. 728, a BERKLEY, Mr. DREIER, Mr. PASTOR, and Report; to the Committee on Govern- bill to amend the Watershed Protection Mr. SHADEGG, Mr. BERMAN, Mr. SALM- ment Reform. ON, Mr. UDALL of Colorado, Mr. GIB- and Flood Prevention Act to authorize BONS, Mr. UDALL of New Mexico, Mr. 6942. A letter from the Inspector General, the Secretary of Agriculture to provide General Services Administration, transmit- KOLBE, Mr. BACA, Mr. STUMP, Ms. ting the Audit Report Register; to the Com- cost share assistance for the rehabilita- PELOSI, Mr. HERGER, Mr. SERRANO, mittee on Government Reform. tion of structural measures con- Mr. HAYWORTH, Ms. SCHAKOWSKY, Mr. 6943. A letter from the Chairman, National structed as part of water resource MCINNIS, Mr. ORTIZ, Mr. HORN, Ms. Transportation Safety Board, transmitting projects previously funded by the Sec- VELAZQUEZ, Mr. CUNNINGHAM, Mr. the Inventory of Commercial Activities; to retary under such Act or related laws BLUMENAUER, Mr. RADANOVICH, Ms. the Committee on Government Reform. BALDWIN, Mr. COOKSEY, Mr. BRADY of referred to the Committee of the Whole Pennsylvania, Mr. CAPUANO, Mr. SES- 6944. A letter from the Secretary of Edu- House on the State of the Union, and cation, transmitting the Federal Managers’ SIONS, Mr. WEINER, Mr. BECERRA, Mr. Financial Integrity Act Report for Fiscal ordered to be printed. GONZALEZ, Mr. GUTIERREZ, Mr. Year 1999; to the Committee on Government f HINOJOSA, Mr. REYES, Mr. ROMERO- Reform. BARCELO, Ms. ROYBAL-ALLARD, Mr. 6945. A letter from the Program Analyst, TIME LIMITATION OF REFERRED UNDERWOOD, Mr. LIPINSKI, Mr. FAA, Department of Transportation, trans- BILL FORBES, Mr. CUMMINGS, Mrs. MEEK of Florida, and Ms. MILLENDER-MCDON- mitting the Department’s final rule—Amend- Pursuant to clause 5 of rule X the fol- ment to Class E Airspace; Cameron, MO [Air- ALD): lowing action was taken by the Speak- H.R. 4165. A bill to assist the economic de- space Docket No. 99–ACe-49] received Feb- er: velopment of the Ute Indian Tribe by author- ruary 11, 2000, pursuant to 5 U.S.C. izing the transfer to the Tribe of Oil Shale 801(a)(1)(A); to the Committee on Transpor- H.R. 1775. Referral to the Committee on Reserve Numbered 2, to protect the Colorado tation and Infrastructure. Resources extended for a period ending not River by providing for the removal of the 6946. A letter from the Program Analyst, later than June 9, 2000. tailings from the Atlas uranium milling site FAA, Department of Transportation, trans- H.R. 3615. Referral to the Committee on near Moab, Utah, and for other purposes; to mitting the Department’s final rule—Amend- Commerce extended for a period ending not later than April 5, 2000. the Committee on Armed Services, and in ment to Class E Airspace; Estherville, IA addition to the Committees on Commerce, [Airspace Docket No. 99–ACE–54] received f and Resources, for a period to be subse- February 11, 2000, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS quently determined by the Speaker, in each 801(a)(1)(A); to the Committee on Transpor- case for consideration of such provisions as tation and Infrastructure. Under clause 2 of rule XII, public fall within the jurisdiction of the committee 6947. A letter from the Under Secretary, bills and resolutions were introduced concerned. Personnel and Readiness, Department of De- and severally referred, as follows: By Mr. CONDIT: fense, transmitting the response to the Re- H.R. 4166. A bill to amend title 18, United port of the Congressional Commission on By Mr. JACKSON of Illinois: States Code, to provide criminal penalties Servicemembers and Veterans Transitions H.R. 4161. A bill to strengthen the rights of for the harassment of victims of Federal of- Assistance; to the Committee on Veterans’ workers to associate, organize and strike, fenses by the convicted offenders; to the Affairs. and for other purposes; to the Committee on Committee on the Judiciary. 6948. A letter from the Secretary of De- Education and the Workforce. By Mr. DELAHUNT (for himself, Mr. fense, transmitting the report entitled, By Mr. JACKSON of Illinois (for him- LAHOOD, Mr. CONYERS, Mr. SCAR- ‘‘Outreach to Gulf War Veterans’’; jointly to self, Mr. FATTAH, Ms. NORTON, Mr. BOROUGH, Mr. SCOTT, Mr. HOUGHTON, the Committees on Armed Services and Vet- BARRETT of Wisconsin, Mr. CLAY, Mr. Mr. STUPAK, Mr. BOEHLERT, Ms. erans’ Affairs. DAVIS of Illinois, Mr. FARR of Cali- SCHAKOWSKY, Mr. BARRETT of Wis- f fornia, Ms. JACKSON-LEE of Texas, consin, and Mr. HASTINGS of Florida): Mr. MEEKS of New York, Ms. H.R. 4167. A bill to reduce the risk that in- REPORTS OF COMMITTEES ON SCHAKOWSKY, and Ms. CARSON): nocent persons may be executed, and for PUBLIC BILLS AND RESOLUTIONS H.R. 4162. A bill to assure protection for other purposes; to the Committee on the Ju- Under clause 2 of rule XIII, reports of the substantive due process rights of the in- diciary. nocent, by providing a temporary morato- By Mr. DOGGETT (for himself, Mr. committees were delivered to the Clerk rium on carrying out of the death penalty to GEPHARDT, Mr. BONIOR, Mr. FROST, for printing and reference to the proper assure that persons able to prove their inno- Mr. MENENDEZ, Mr. RANGEL, Mr. calendar, as follows: cence are not executed; to the Committee on NEAL of Massachusetts, Mr. STARK, Mr. COMBEST: Committee on Agriculture. the Judiciary. Mr. MATSUI, Mr. COYNE, Mr. LEVIN, H.R. 728. A bill to amend the Watershed Pro- By Mr. HOUGHTON (for himself, Mr. Mr. CARDIN, Mr. MCDERMOTT, Mr. tection and Flood Prevention Act to author- PORTMAN, Mr. HAYWORTH, Mr. COYNE, KLECZKA, Mr. LEWIS of Georgia, Mr. ize the Secretary of Agriculture to provide Mr. RANGEL, Mr. CRANE, Mr. THOMAS, MCNULTY, Mr. JEFFERSON, Mrs. cost share assistance for the rehabilitation Mr. SHAW, Mrs. JOHNSON of Con- THURMAN, Mr. BECERRA, Ms. of structural measures constructed as part of necticut, Mr. HERGER, Mr. MCCRERY, DELAURO, Ms. PELOSI, Mr. HOYER, water resource projects previously funded by Mr. CAMP, Mr. RAMSTAD, Mr. NUSSLE, Mr. ABERCROMBIE, Mr. ACKERMAN, the Secretary under such Act or related Mr. SAM JOHNSON of Texas, Ms. DUNN, Mr. ALLEN, Mr. ANDREWS, Mr. BACA, laws; with an amendment (Rept. 106–484 Pt. Mr. COLLINS, Mr. ENGLISH, Mr. WAT- Mr. BAIRD, Mr. BALDACCI, Ms. BALD- 2). KINS, Mr. WELLER, Mr. HULSHOF, Mr. WIN, Mr. BARRETT of Wisconsin, Ms.

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BERKLEY, Mr. BERRY, Mr. MEEKS of New York, Mr. SERRANO, respect to promoting the use of proven aca- BLAGOJEVICH, Mr. BLUMENAUER, Mr. Mrs. NAPOLITANO, Ms. LOFGREN, Mr. demic and classroom-management solutions BOSWELL, Mr. BROWN of Ohio, Mrs. STARK, Mr. RODRIGUEZ, Mr. BECERRA, for problems of behavior, attention, and CAPPS, Mr. CAPUANO, Mrs. CLAYTON, Ms. BERKLEY, Mrs. MALONEY of New learning in school children; to the Com- Mr. CLYBURN, Mr. CROWLEY, Ms. DAN- York, Mr. WEXLER, Mr. MATSUI, Ms. mittee on Education and the Workforce. NER, Mr. DAVIS of Illinois, Mr. DAVIS SCHAKOWSKY, Mr. ORTIZ, Ms. LEE, Mr. f of Florida, Mr. DEFAZIO, Mr. FRANK of Massachusetts, Mr. MENEN- DELAHUNT, Mr. DEUTSCH, Mr. DICKS, DEZ, Mr. JACKSON of Illinois, Mr. MEMORIALS Mr. DINGELL, Mr. DIXON, Mr. DOOLEY RANGEL, Mr. REYES, Mr. ENGEL, and Under clause 3 of rule XII, memorials of California, Mr. EDWARDS, Mr. Ms. KILPATRICK): were presented and referred as follows: ENGEL, Ms. ESHOO, Mr. ETHERIDGE, H.R. 4172. A bill to amend section 249 of the 304. The SPEAKER presented a memorial Mr. EVANS, Mr. FARR of California, Immigration and Nationality Act to permit of the House of Representatives of the State Mr. FILNER, Mr. FORBES, Mr. FORD, the Attorney General to create a record of of Michigan, relative to House Resolution Mr. FRANK of Massachusetts, Mr. lawful admission for permanent residence for No. 183 memorializing the Congress and the GEJDENSON, Mr. GONZALEZ, Mr. certain aliens who entered the United States President of the United States to maintain GREEN of Texas, Mr. HALL of Ohio, prior to 1986; to the Committee on the Judi- or improve our Nation’s commitment to Mr. HASTINGS of Florida, Mr. HILL of ciary. military retirees to provide lifetime health Indiana, Mr. HILLIARD, Mr. HINCHEY, By Mr. KUYKENDALL (for himself, care; to the Committee on Armed Services. Mr. BILBRAY, and Mr. SAM JOHNSON of Mr. HINOJOSA, Mr. HOEFFEL, Mr. 305. Also,a memorial of the Legislature of Texas): HOLT, Ms. HOOLEY of Oregon, Mr. INS- the State of Oregon, relative to House Me- LEE, Mr. JACKSON of Illinois, Ms. H.R. 4173. A bill to amend title 5, United States Code, to provide that members of the morial 1 memorializing the President and JACKSON-LEE of Texas, Ms. EDDIE Congress of the United States to reject and BERNICE JOHNSON of Texas, Mrs. uniformed services may participate in the Thrift Savings Plan; to the Committee on condemn any suggestions that sexual rela- JONES of Ohio, Mr. KANJORSKI, Ms. tionships between children and adults are KAPTUR, Ms. KILPATRICK, Mr. KIND, Government Reform. By Mr. KUYKENDALL (for himself, anything but abusive, destructive, Mr. KUCINICH, Mr. LAMPSON, Mr. LAN- exploitive, reprehensible and punishable by Mr. BILBRAY, Mr. WELLER, Mr. TOS, Mr. LARSON, Ms. LEE, Ms. law; to the Committee on Education and the LOFGREN, Mrs. LOWEY, Mr. LUTHER, HOUGHTON, and Mr. SAM JOHNSON of Texas): Workforce. Mrs. MALONEY of New York, Mr. 306. Also,a memorial of the Legislature of MARKEY, Mrs. MCCARTHY of New H.R. 4174. A bill to amend the Internal Rev- enue Code of 1986 to exclude from gross in- the State of Oregon, relative to House Joint York, Ms. MCCARTHY of Missouri, Mr. Memorial 9 memorializing the Congress of MCGOVERN, Ms. MCKINNEY, Mr. MEE- come certain retention and reenlistment bonuses for members of the Armed Forces; to the United States and the President to pro- HAN, Mrs. MEEK of Florida, Mr. hibit federal recoupment of state tobacco MEEKS of New York, Ms. MILLENDER- the Committee on Ways and Means. By Mrs. LOWEY (for herself, Ms. settlement recoveries; to the Committee on MCDONALD, Mr. GEORGE MILLER of Commerce. DELAURO, Mr. WAXMAN, Ms. LEE, California, Mr. MINGE, Mrs. MINK of 307. Also,a memorial of the Senate of the Mrs. MEEK of Florida, Mr. BROWN of Hawaii, Mr. MOAKLEY, Mr. MOL- State of Michigan, relative to Senate Reso- Ohio, Ms. KAPTUR, Ms. ROYBAL-AL- LOHAN, Mr. MOORE, Mr. NADLER, Mrs. lution No. 119 memorializing the National LARD, Mr. HINCHEY, Ms. NORTON, Ms. NAPOLITANO, Mr. ORTIZ, Mr. OWENS, Institutes of Health to withdraw its proposed PELOSI, Mr. KUCINICH, and Mr. Mr. PALLONE, Mr. PASCRELL, Mr. guidelines for federally funded research FOLEY): PAYNE, Mr. PETERSON of Minnesota, using stem cells harvested from human em- Mr. PHELPS, Mr. POMEROY, Mr. PRICE H.R. 4175. A bill to amend the meat and poultry inspection laws to extend the man- bryos; to the Committee on Commerce. of North Carolina, Mr. REYES, Ms. 308. Also,a memorial of the House of Rep- datory nutrition information labeling re- RIVERS, Mr. RODRIGUEZ, Mr. resentatives of the State of Michigan, rel- quirements of the laws to single-ingredient, ROTHman, Mr. RUSH, Mr. SABO, Ms. ative to House Resolution No. 253 memori- raw meat and poultry products; to the Com- SANCHEZ, Mr. SANDERS, Mr. SANDLIN, alizing the National Institutes of Health to mittee on Agriculture. Mr. SAWYER, Ms. SCHAKOWSKY, Mr. withdraw proposed guidelines for Federally By Mr. NADLER (for himself, Mr. POM- SERRANO, Mr. SHOWS, Ms. SLAUGHTER, funded research using stem cells destruc- EROY, and Mr. BACA): Mr. SMITH of Washington, Mr. SNY- tively harvested from human embryos; to H.R. 4176. A bill to provide grants to part- DER, Mr. SPRATT, Ms. STABENOW, Mr. the Committee on Commerce. nerships to establish and carry out informa- STENHOLM, Mr. STRICKLAND, Mrs. 309. Also,a memorial of the Legislature of tion technology training programs and to TAUSCHER, Mr. THOMPSON of Mis- the State of Oregon, relative to House Joint provide incentives for educators to obtain in- sissippi, Mr. THOMPSON of California, Memorial 4 memorializing the President and formation technology certification, and for Mr. TIERNEY, Mr. TURNER, Mr. UDALL the Congress of the United States to ensure other purposes; to the Committee on Edu- of New Mexico, Mr. UDALL of Colo- protection and respect for the State of Or- cation and the Workforce. rado, Ms. VELAZQUEZ, Mr. WAXMAN, egon’s authority to allocate water and to de- By Mr. TRAFICANT: Mr. WEINER, Mr. WEXLER, Mr. termine and administer rights to the use of H.R. 4177. A bill to amend the Fair Labor WEYGAND, Ms. WOOLSEY, Mr. WU, and water and to promote the expeditious com- Standards Act of 1938 to increase the min- Mr. WYNN): pletion of the adjudication of the Klamath imum wage by $1 over 2 years; to the Com- H.R. 4168. A bill to amend the Internal Rev- River; to the Committee on Resources. mittee on Education and the Workforce. enue Code of 1986 to require increased report- 310. Also,a memorial of the Legislature of By Ms. JACKSON-LEE of Texas: ing by political organizations; to the Com- the State of Idaho, relative to Senate Con- H.R. 4178. A bill to establish a crime pre- mittee on Ways and Means. current Resolution No. 129 memorializing vention and computer education initiative; By Mr. GIBBONS (for himself and Ms. the Congress of the United States to purpose to the Committee on Education and the BERKLEY): an amendment to the Constitution of the Workforce, and in addition to the Committee H.R. 4169. A bill to designate the facility of United States of America requiring, in the on the Judiciary, for a period to be subse- the United States Postal Service located at absence of a national emergency, that the quently determined by the Speaker, in each 2000 Vassar Street in Reno, Nevada, as the total of all federal outlays for any fiscal year case for consideration of such provisions as ‘‘Barbara F. Vucanovich Post Office Build- shall not exceed the total of all receipts for fall within the jurisdiction of the committee ing’’; to the Committee on Government Re- that fiscal year, which amendment may also concerned. form. limit the power of Congress to increase fed- By Mr. HAYWORTH (for himself, Mr. By Mr. BAKER: H. Res. 458. A resolution expressing the eral taxes, and remit it to the several states GIBBONS, and Mr. YOUNG of Alaska): for ratification; to the Committee on the Ju- H.R. 4170. A bill to amend the Internal Rev- sense of the House of Representatives that a commemorative postage stamp should be diciary. enue Code of 1986 to treat gold, silver, and 311. Also,a memorial of the Legislature of issued on the subject of autism awareness; to platinum, in either coin or bar form, in the the State of Oregon, relative to House Joint same manner as stocks and bonds for pur- the Committee on Government Reform. Memorial 8 memorializing the United States poses of the maximum capital gains rate for By Mr. SCHAFFER (for himself, Mrs. Congress to take whatever steps are nec- individuals; to the Committee on Ways and ROUKEMA, Mr. DEMINT, Mr. SAM essary to ensure the 2000 federal decennial Means. JOHNSON of Texas, Mr. PAUL, Mrs. census is conducted fairly and legally; joint- By Mr. HUTCHINSON: CHENOWETH-HAGE, Mr. LARGENT, Mr. ly to the Committees on Government Reform H.R. 4171. A bill to amend title 49, United CHABOT, Mr. BARTLETT of Maryland, and the Judiciary. States Code, relating to the transportation Mr. NORWOOD, Mr. COBURN, Mr. LIN- of hazardous materials; to the Committee on DER, Mr. TANCREDO, Mr. HOEKSTRA, f Transportation and Infrastructure. Mr. TERRY, Mr. GREEN of Texas, Mr. PRIVATE BILLS AND By Ms. JACKSON-LEE of Texas (for KUCINICH, and Mr. MCCOLLUM): RESOLUTIONS herself, Mr. GUTIERREZ, Ms. ROYBAL- H. Res. 459. A resolution expressing the ALLARD, Mrs. MEEK of Florida, Mr. sense of the House of Representatives with Under clause 3 of rule XII,

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Mr. HASTINGS of Florida introduced a bill H.R. 3392: Mr. SKELTON. H. Res. 437: Mr. GREENWOOD, Ms. RIVERS, (H.R. 4179) for the relief of Sophonie Telcy; H.R. 3418: Mr. DEFAZIO and Mr. THORN- Mr. BALDACCI, and Mr. GEJDENSON. which was referred to the Committee on the BERRY. H. Res. 443: Mr. ABERCROMBIE. Judiciary. H.R. 3439: Mr. WAMP, Mr. LAMPSON, and Mr. H. Res. 425: Mrs. JONES of Ohio, Mr. FRANK f PITTS. of Massachusetts, Mr. PHELPS, and Ms. CAR- H.R. 3500: Mr. HOEFFEL, Mr. SWEENEY, Ms. SON. ADDITIONAL SPONSORS BALDWIN, Mr. WOLF, and Mr. BLUMENAUER. f Under clause 7 of rule XII, sponsors H.R. 3561: Mr. WU. H.R. 3573: Mr. COBURN, Mr. JACKSON of Illi- were added to public bills and resolu- DELETIONS OF SPONSORS FROM nois, and Mr. SCHAFFER. PUBLIC BILLS AND RESOLUTIONS tions as follows: H.R. 3580: Mr. WEINER, Mr. SMITH of New H.R. 22: Mr. KASICH. Jersey, Mr. GEKAS, Ms. JACKSON-LEE of Under clause 7 of rule XII, sponsors H.R. 123: Mr. HASTINGS of Washington. Texas, Mr. SANDLIN, Mr. FORBES, Mr. CROW- were deleted from public bills and reso- H.R. 323: Mr. OWENS. LEY, Mr. NADLER, Mr. RILEY, Mr. WAMP, Mr. lutions as follows: FATTAH, Mr. OXLEY, Mr. BASS, Mr. HOLDEN, H.R. 371: Mr. WEINER. H.R. 1824: Mr. MASCARA. H.R. 534: Mr. SANDERS and Mr. Mr. REYNOLDS, Mr. BOUCHER, Mr. CRAMER, LATOURETTE. Mr. LANTOS, Mr. VENTO, Mr. EWING, Mr. f H.R. 721: Mr. NUSSLE. BROWN of Ohio, Mr. GONZALEZ, Mr. UDALL of PETITIONS, ETC. H.R. 732: Mr. KLINK. Colorado, Mr. WELDON of Pennsylvania, Mr. H.R. 750: Ms. ROYBAL-ALLARD. SAXTON, Mr. SOUDER, Mr. JENKINS, Mr. ACK- Under clause 3 of rule XII, petitions H.R. 786: Mr. STUMP. ERMAN, Mr. FORD, Mr. SHAYS, and Mr. HIN- and papers were laid on the clerk’s H.R. 852: Mr. SMITH of Texas. CHEY. desk and referred as follows: H.R. 3594: Mr. KENNEDY of Rhode Island and H.R. 870: Mr. WAMP. 83. The SPEAKER presented a petition of H.R. 957: Mr. SHIMKUS, Mr. GILCHREST and Mr. ANDREWS. the Asociacion de Pensionados del Gobierno Mr. BRADY of Texas. H.R. 3610: Mr. OWENS and Mr. WEYGAND. de Puerto Rico, relative to Resolution No. 5 H.R. 979: Mr. HOLT, Mrs. THURMAN, and Mr. H.R. 3660: Mr. PETERSON of Pennsylvania petitioning the President of the United HASTINGS of Florida. and Mr. TERRY. States and the Congress to hear the voice of H.R. 1032: Mr. MCKEON and Mr. GREEN- H.R. 3680: Mr. MINGE, Mr. GILMAN, Mr. NEY, the People of Vieques, cancel permanently WOOD. Mr. MATSUI, Mr. KENNEDY of Rhode Island, the warfare practices in Vieques and order H.R. 1070: Mr. ISAKSON. Mr. GRAHAM, Mr. BOEHLERT, Mr. WEXLER, the U.S. Marines to leave Vieques in a rea- H.R. 1102: Ms. LOFGREN. and Mr. DINGELL. sonable time; jointly to the Committees on H.R. 1112: Mr. GONZALEZ. H.R. 3686: Mr. GEORGE MILLER of Cali- Armed Services and Resources. H.R. 1195: Mr. ANDREWS. fornia. 84. Also,a petition of the City Council, Can- H.R. 1322: Mr. DAVIS of Virginia, Mr. SCAR- H.R. 3766: Mr. PASCRELL. ton, Ohio, relative to Resolution No. 79 peti- BOROUGH, Mrs. JONES of Ohio, Mr. ROHR- H.R. 3807: Mr. ROTHMAN. tioning the U.S. Congress to fully fund CDBG ABACHER, Mr. SMIGH of Washington, and Mr. H.R. 3812: Ms. ESHOO and Ms. LOFGREN. in the year 2000, at a minimum, at the FY YOUNG of Florida. H.R. 3880: Mr. GREEN of Wisconsin, Mr. 1999 level; jointly to the Committees on H.R. 1396: Ms. VELA´ ZQUEZ and Mr. BOUCHER. PALLONE, and Mr. KENNEDY of Rhode Island. H.R. 3896: Ms. PRYCE of Ohio. Banking and Financial Services and the H.R. 1590: Mr. TOWNS. H.R. 3901: Ms. JACKSON-LEE of Texas, Mr. Budget. H.R. 1611: Mr. HERGER. JACKSON of Illinois, Mr. JEFFERSON, and Mr. H.R. 1621: Mr. FORD, Ms. VELA´ ZQUEZ, Ms. f GUTIERREZ. BERKLEY, and Ms. SANCHEZ. H.R. 3915: Mr. STUMP, Mr. TAYLOR of Mis- AMENDMENTS H.R. 1708: Mr. MANZULLO. sissippi, and Mr. FILNER. H.R. 1781: Mr. RAHALL, Mrs. JOHNSON of Under clause 8 of rule XVIII, pro- H.R. 3916: Ms. BERKLEY, Mr. PASTOR, Mr. Connecticut, Mr. CROWLEY, and Mr. DEFAZIO. STEARNS, Mr. ISTOOK, and Mr. COLLINS. posed amendments were submitted as H.R. 1871: Ms. SCHAKOWSKY. H.R. 3983: Mr. BONILLA, Mr. WEXLER, Mr. follows: H.R. 1912: Mr. ABERCROMBIE. DAVIS of Florida, Mr. UPTON, and Mr. H.R. 2120: Mr. DAVIS of Illinois. H.R. 1776 SANDLIN. H.R. 2265: Mr. GREEN of Texas. OFFERED BY: MS. JACKSON-LEE OF TEXAS H.R. 4006: Mr. MCINNIS. H.R. 2340: Mr. TURNER, Mr. BLAGOJEVICH, H.R. 4017: Mr. DEFAZIO. AMENDMENT NO. 2: Page 59, after line 23, in- Mr. HUTCHINSON, Mr. LIPINSKI, Mr. SNYDER, H.R. 4018: Mr. CASTLE and Mr. GUTKNECHT. sert the following new section: Mr. BACHUS, and Mr. LARSON. H.R. 4033: Mr. LANTOS, Mr. BOEHLERT, and SEC. 212. TASK FORCE ON SUB-PRIME AND PRED- H.R. 2451: Ms. DUNN. Mr. HORN. ATORY LENDING. H.R. 2544: Mr. HASTINGS of Washington. H.R. 4036: Mr. TRAFICANT and Ms. KIL- (a) ESTABLISHMENT.—Not later than 3 H.R. 2594: Mr. FRANK of Massachusetts and PATRICK. months after the date of the enactment of Ms. SCHAKOWSKY. H.R. 4041: Mr. HOEFFEL. this Act, the Secretary of Housing and Urban H.R. 2686: Mrs. MORELLA. H.R. 4042: Mr. HOEFFEL, Mr. DINGELL, and Development shall establish, and appoint H.R. 2727: Mr. PETERSON of Pennsylvania. Mr. GANSKE. members under subsection (b) of, a task force H.R. 2736: Mr. KIND, Mr. ROMERO-BARCELO´ , H.R. 4051: Mr. TALENT and Mr. LEWIS of (in this section referred to as the ‘‘Task Mr. HOLDEN, and Ms. DELAURO. Kentucky. Force’’) on sub-prime and predatory lending H.R. 2789: Mr. WISE. H.R. 4057: Mr. LATOURETTE, Ms. WOOLSEY, practices. H.R. 2814: Ms. JACKSON-LEE of Texas. Mr. EHLERS, and Mr. SMITH of Washington. H.R. 2858: Mr. WHITFIELD. (b) MEMBERSHIP.—The Task Force shall H.R. 4076: Mr. GREEN of Wisconsin and Mr. consist of not less than 10 members ap- H.R. 2919: Ms. LEE. LARGENT. H.R. 2966: Mr. NUSSLE. pointed by the Secretary who shall include— H.R. 4124: Mr. SMITH of Washington, Mr. (1) not less than 2 individuals who rep- H.R. 3004: Ms. CARSON, Mrs. MCCARTHY of COMBEST, and Mr. BARTON of Texas. New York, Mr. MCGOVERN, Mr. BERMAN, Mr. resent lending institutions; H.R. 4149: Mr. UPTON and Mr. PICKERING. (2) not less than 2 individuals who rep- KLINK, Mr. SMITH of Washington, and Ms. H. Con. Res. 77: Mr. HUTCHINSON. resent community development interests or BERKLEY. H. Con. Res. 181: Mr. LEWIS of Kentucky. community development organizations; H.R. 3065: Mr. KUCINICH. H. Con. Res. 229: Mr. SCARBOROUGH. (3) not less than 2 individuals who rep- H.R. 3083: Mr. LAFALCE. H. Con. Res. 249: Mr. KUCINICH. resent older Americans or organizations for H.R. 3140: Mr. RODRIGUEZ. H. Con. Res. 266: Mr. DEUTSCH, Mrs. older Americans; H.R. 3143: Mr. ABERCROMBIE. MYRICK, Ms. SCHAKOWSY, and Mr. STEARNS. H.R. 3173: Mr. THUNE and Mr. GREEN of Wis- H. Con. Res. 271: Mr. BLUNT, Mr. WAXMAN, (4) not less than 2 individuals who rep- consin. Mr. HALL of Ohio, Mr. SAXTON, Mr. LUCAS of resent the interests of States or municipali- H.R. 3192: Ms. LEE, Ms. SCHAKOWSKY, Mr. Oklahoma, Mr. MCGOVERN, Mr. BEREUTER, ties; and BLUMENAUER, Mr. LIPINSKI, Mr. FILNER, Mr. Mrs. MALONEY of New York, Mr. SHAYS, Mrs. (5) not less than 2 individuals who rep- MADLER, Mr. VENTO, and Ms. DANNER. KELLY, Mr. OWENS, Mr. KING, Mr. SANDERS, resent national civil rights organizations H.R. 3193: Mr. TIAHRT and Mr. QUINN. Mrs. MINK of Hawaii, and Mr. ROMERO- that emphasize or are involved in fair hous- H.R. 3225: Mr. FROST and Mr. PICKERING. BARCELO. ing or fair lending issues. H.R. 3235: Ms. ROYBAL-ALLARD and Mr. H. Con. Res. 275: Mr. GOODLING, Mr. CROW- In making appointments under this sub- GARY MILLER of California. LEY, Mr. TANCREDO, Mr. MCINTOSH, and Mrs. section, the Secretary shall give preferential H.R. 3293: Mr. MURTHA, Mr. DICKEY, Mr. MEEK of Florida. consideration to individuals who, or who rep- PASTOR, Mr. WATTS of Oklahoma, Mr. WU, H. Con. Res. 285: Mr. GIBBONS and Mr. resent organization that, have experience Mr. DEUTSCH, AND Mr. GEPHARDT. HOSTETTLER. and knowledge regarding the issues of sub- H.R. 3294: Mr. MANZULLO. H. Con. Res. 286: Mr. PALLONE, Mr. WYNN, prime and predatory lending practices. H.R. 3301: Mrs. THURMAN, Mrs. LOWEY, Ms. Mr. BRADY of Texas, and Mr. PRICE of North (c) DUTIES.—The Task Force shall study PRYCE of Ohio, and Mrs. KELLY. Carolina. and examine—

VerDate Aug 31 2005 04:02 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 J:\ODA15\MISCRE~1\2000\H04AP0.REC H04AP0 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 4, 2000 CONGRESSIONAL RECORD — HOUSE H1765 (1) the extent, methods, and detrimental Task Force shall submit a report to the Con- education shall include pre-Kindergarten effects on residential mortgage lending, gress and to the Secretary regarding the re- education, and’’. housing availability and affordability, and sults of the studies and examinations con- existing homeowners, of— ducted under subsection (c), which shall in- H.R. 3671 clude any recommendations, including rec- (A) sub-prime lending practices in residen- OFFERED BY: MR. UDALL OF COLORADO tial mortgage lending, including any prac- ommendations for administrative and legis- tices under which borrowers who have im- lative actions, for reducing the extent and AMENDMENT NO. 1. Page 30, after line 6 in- paired credit or are not considered prime detrimental effects of sub-prime and preda- sert the following: credit risks are charged higher rates of inter- tory lending practices. est or higher fees; and H.R. 1776 SEC. 304. IMPLEMENTATION REPORT. (B) predatory lending practices in residen- OFFERED BY: MS. JACKSON-LEE OF TEXAS (a) TIMING.—At the time the President sub- tial mortgage lending, including high-pres- AMENDMENT NO. 4: Page 78, after line 20, in- mits a budget request for the Department of sure tactics, door-to-door solicitations, tar- sert the following new section: the Interior for the first fiscal year begin- geting of vulnerable populations, steering to SEC. 408. FAIR HOUSING COMPLIANCE. ning after the date of enactment of this Act, higher-cost loan products regardless of quali- (a) IN GENERAL.—Section 104 of the Hous- the Secretary of the Interior shall inform fication for lower-cost products, excessive ing and Community Development Act of 1974 the Committee on Resources of the House of refinancing (known as flipping), fraudulent (42 U.S.C. 5304) is amended by adding at the Representatives and the Committee on Envi- home improvement loan practices, charging end the following new subsection: ronment and Public Works of the Senate of excessive interest rates and fees (includ- ‘‘(n) FAIR HOUSING COMPLIANCE.—To ensure about the steps taken to comply with this ing ‘packing‘ loans with unnecessary fees compliance with the certifications made Act. and padding closing costs or third party under sections 104(b)(2) and 106(d)(5)(B), each fees), use of loan terms that trap borrowers grantee under section 106 and each unit of (b) CONTENTS.—The report required by this into unaffordable financing (including such general local government receiving grant section shall indicate— use of balloon payments, negative amortiza- amounts pursuant to section 106(d) shall (1) the extent to which compliance with tion, prepayment penalties, and asset-based maintain, and update annually, an analysis this Act has required a reduction in the lending), and other fraudulent or deceptive of impediments to fair housing and a fair number of personnel assigned to administer, practices; housing action plan. The Secretary shall manage, and oversee the Federal Assistance (2) the extent of the use of such practices monitor compliance with the requirement Program for State Wildlife and Sport Fish in connection with mortgages insured by the under the preceding sentence and may, by Restoration Programs; Secretary under the National Housing Act regulation, establish standards and require- and the effects of such practices on the mort- ments for such analyses and plans and pen- (2) any revisions to this Act that would be gage insurance programs and funds of the alties for failure to comply with this sub- desirable in order for the Secretary to ade- Secretary; and section and with such standards and require- quately administer such programs and as- (3) the implications of civil rights laws, ments.’’. sure that funds provided to state agencies fair lending laws, and fair housing laws on H.R. 1776 are properly used; and such practices. OFFERED BY: MS. PELOSI (3) any other information regarding the (d) REPORT.—Not later than one year after AMENDMENT NO. 4: Page 28, line 24, after implementation of this Act that the Sec- the date of the enactment of this Act, the the comma insert ‘‘except that elementary retary considers appropriate.

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Vol. 146 WASHINGTON, TUESDAY, APRIL 4, 2000 No. 40 Senate The Senate met at 9:32 a.m. and was consideration of S. Con. Res. 101, the during consideration of the fiscal year called to order by the President pro budget resolution. Amendments will be 2001 concurrent budget resolution. tempore [Mr. THURMOND]. offered throughout the day. Therefore, The PRESIDING OFFICER. Without Senators can expect rollcall votes oc- objection, it is so ordered. PRAYER curring during today’s session. Those Who yields time? The Chaplain, Dr. Lloyd John Senators who intend to offer amend- Mr. DOMENICI. I have brief opening Ogilvie, offered the following prayer: ments should work with the chairman remarks, after which time I will be Dear Father, we need You. In Your and ranking member on a time to offer pleased to yield to either the minority presence we feel Your grace. We are as- and debate their amendments. whip or the ranking member. As a reminder, votes will occur sured that we are loved and forgiven. First, a couple of observations. We throughout the week in an effort to You will replenish our diminished are now on the budget resolution. It is complete action on the budget resolu- strength with a fresh flow of energy now pending before the Senate. Before tion no later than the Friday session of and resiliency. The tightly wound I summarize the resolution as reported the Senate. If we are diligent, we might springs of tension within us are re- by the Budget Committee last week, finish Friday night, although we do leased and unwind until there is pro- let me cover a couple of housekeeping have a total of 50 hours of debate and found peace inside. We relinquish our or managerial items. For those Sen- there are certain conditions that make worries to You and the anxiety drains ators and staff here, and those who that a little bit longer than 50 hours in away. We take courage because You might be listening, I remind everyone terms of adding up time on the floor. have taken hold of us. We spread out that the procedure for considering a As a further reminder, the Senate before You the challenges of the day budget resolution in the Senate is will recess from 12:30 until 2:15 today to ahead and see them in the proper per- unique compared to other legislation accommodate the weekly party con- spective of Your power. We dedicate and other legislative items that we de- ference luncheons. ourselves to do things Your way under bate and amend on the floor. Your sway. And now, Your joy that is I thank my colleagues for their at- First, a budget resolution is privi- so much more than happiness fills us tention. leged. That means proceeding to its and we press on to the work of the day f consideration as we have done this with enthusiasm. It’s great to be alive! RESERVATION OF LEADER TIME morning could not have been delayed Amen. by a Senator by filibuster or otherwise. f The PRESIDING OFFICER (Mr. VOINOVICH). Under the previous order, Second, the underlying law, the Con- PLEDGE OF ALLEGIANCE the leadership time is reserved. gressional Budget and Impoundment Control Act—not the resolution—effec- The Honorable GEORGE V. VOINO- f VICH, a Senator from the State of tively establishes the rules for consid- CONGRESSIONAL BUDGET FOR Ohio, led the Pledge of Allegiance, as ering this resolution. The first of the THE UNITED STATES GOVERN- follows: rules is that there is a time limit for MENT FOR FISCAL YEARS 2001 considering a budget resolution. That I pledge allegiance to the Flag of the THROUGH 2005 United States of America, and to the Repub- time limit is 50 hours. Less time can lic for which it stands, one nation under God, The PRESIDING OFFICER. Under always be taken. While it has never indivisible, with liberty and justice for all. the previous order, the Senate will now been used, a nondebatable motion to f proceed to the consideration of S. Con. reduce debate time is always in order. Res. 101, which the clerk will report by The 50 hours does not count the time in RECOGNITION OF THE ACTING title. the quorums immediately preceding a MAJORITY LEADER The bill clerk read as follows: vote, nor does it count the actual vot- The PRESIDENT pro tempore. The A resolution (S. Con. Res. 101) setting forth ing time. Fifty hours is evenly divided Senator from New Mexico is recog- the congressional budget for the United between the sponsor and the opponents nized. States Government for fiscal years 2001 of the resolution. f through 2005 and revising the budgetary lev- An amendment or amendments in the els for fiscal year 2000. first degree to the resolution are lim- SCHEDULE Mr. DOMENICI. Mr. President, I ask ited to 2 hours evenly divided between Mr. DOMENICI. Mr. President, on be- unanimous consent that the presence the mover of the amendment and its half of the leader, I have an announce- and use of small electronic calculators opponents. Additional time can be ment. Today, the Senate will begin be permitted on the floor of the Senate yielded off the overall resolution by

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

S2053

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2054 CONGRESSIONAL RECORD — SENATE April 4, 2000 the manager or the ranking member, many Senators that the budget resolu- surplus. In other words, even though or their designee, if such time is still tion be enforced and that we under- we have not been able to adopt a available under the 50-hour rule. stand precisely what we are doing and lockbox, we have followed the premise Amendments to amendments are lim- look to the resolution itself for how and philosophy and substance of a ited to 1 hour, again, evenly divided be- much we can spend and where we are lockbox; that is, none of the Social Se- tween the mover and the opponent. As going. curity money surplus is being spent. before, if overall time exists on the res- Reforms are needed to ensure the It retires debt held by the public, olution, Members can add time to the long-term solvency of the Social Secu- nearly $174 billion this year alone, and debate on the second-degree amend- rity system, not simply placing more over $1.1 trillion over the next 5 years. ment. empty IOUs on future generations. We It sets aside $8 billion in non-Social The next discussion is where it gets a cannot reform the Social Security sys- Security surpluses for debt relief this little bit difficult. Senators who may tem without a President who is willing, year alone. In other words, that $8 bil- want to amend this resolution should and thus far we have not had such in lion could be spent without us touching note there are very particular rules the White House under the administra- the Social Security trust fund. We that apply. First, the committee-re- tion of President Clinton. could still live up to that promise. But ported budget resolution forms the Reforms are needed in the Medicare we have taken $8 billion of the surplus basis of germaneness. program, not simply promising more outside of Social Security and put that There are four types of germane politically popular benefits to a system on the debt also. amendments: One, an amendment to in which, in 2010, the outgo will exceed It rejects the President’s proposed strike language or numbers, which is income. In this budget resolution, we cuts in Medicare. It strengthens Medi- germane per se; second, an amendment have provided $40 billion in two install- care and sets up a $40 billion reserve to change dates or numbers; third, an ments of $20 billion and $20 billion to for a new prescription drug benefit im- amendment adding sense of the Senate do reform and add some prescription mediately, with reform coming later. Expenditures for the Department of for matters within the jurisdiction of benefits, if that is what Congress de- Education would increase $4.5 billion the Budget Committee; and fourth, an cides to do. this year, special ed would increase amendment that limits some power in Major reforms are needed to our Tax nearly $2.2 billion, and Head Start the resolution. If not germane, it will Code. We all know that. While the reso- funding would be up nearly $255 mil- take three-fifths of the Senators’ af- lution before us proposes to make room lion. firmative votes to waive the point of for tax reductions, I acknowledge that Funding for our national security order. If not, the amendment will fall. until the unfairness of this system and would increase nearly 4.8 percent next I emphasize these procedures so Sen- its complexities are addressed, real tax year, up to $305.8 billion, nearly a $17 ators and their staffs will not be sur- reform waits. billion increase. prised if a germaneness point of order Finally, reforms to government pro- Funding for WIC, section 8 housing, is raised on their amendment. grams are broadly needed; there is no National Park Service, highways and Later in this debate we will follow doubt about that. As GAO and the Con- airports, all would increase next year, the rules the act laid out for us consid- gressional Budget Office have pointed as would Head Start. ering a budget resolution, and we will out to us earlier this year, we really do We provide immediate emergency as- try to finish it in an orderly manner not need 342 Federal economic-develop- sistance to depressed agricultural sec- before the week is complete. I will ment-related programs. We really do tions in the form of nearly $5.5 billion briefly summarize the reported resolu- not need 12 different agencies admin- in income support needed this year, not tion before us today. istering 35 different laws on food safe- next year. First, let me say this annual exercise ty. It would seem one agency would be And, yes, we provide $150 billion in further strengthens my resolve to sufficient. tax relief for American families, for bring to the floor changes to this proc- I am not sure we need over a dozen fairness and equity in the form of the ess, to change it into a biennial budget postsecondary education programs and marriage penalty, for small businesses and biennial appropriations process. 224 elementary and secondary edu- and startups, for education and med- But we are charged with reporting an cation programs administered by the ical assistance. Remember, the Presi- annual budget, and until the law is Department of Education with their dent did not provide any tax relief for changed, or if it is changed, the com- overlapping, duplicating, inefficient de- the next 5 years. mittee-reported resolution abides by livery of Federal funds to States. Per- I believe this is a fair beginning. I am the current law. haps this year we will consider on the very hopeful we can have a lively de- I acknowledge that whatever fiscal floor of the Senate some dramatic rebate about this on the floor of the Sen- policy we outline in any budget resolu- forms that might alter the education ate. For every $1 in tax relief, since tion the Senate considers this year, system I have just described. there are those who continue to say that resolution will be constructed in So when critics say this resolution the tax relief we seek is too big, too the heat of a very political year and it does not provide enough for the discre- much, too risky—this resolution de- will, in truth, be ministered over by a tionary accounts, both defense and votes $13 to debt reduction. For every new President and new Congress next nondefense, I have to respond: Not if $1 in tax relief, this resolution devotes year. So this resolution can only be a you assume that everything the Gov- $13 for debt reduction; 13-to-1 is the broad blueprint for fiscal policy. It al- ernment does today is done efficiently ratio in the first year. It is down to lows us to complete our work expedi- and effectively. But I am realistic, and about 8-to-1 for the entire 5 years. tiously, if at all possible, this year. It reform of these programs will not come I believe it is a fair resolution. It is recognizes the need for reform in many in the 70 days left in this Congress. not a risky resolution, as some will areas and that those reforms will un- So the resolution before us is not ev- claim. I contend that increasing spend- doubtedly have to wait until the next erything an outgoing administration ing for domestic programs nearly 14 Congress and the next President. wants because, quite frankly, they are percent next year, as the President While we now have the luxury of not going to be around to administer would do, is much more risky to the fu- budgeting in a world of possible sur- what I consider their bloated budget ture of Social Security and debt reduc- pluses, that does not mean reform in request. But it is a responsible step for tion than a modest tax reduction. Government is not necessary. Reforms the short amount of time left in Con- Let me explain. If you increased do- to the process are needed, and this gress. mestic discretionary spending by 14 committee’s resolution begins down Let me conclude with some key percent a year, it would only take 3 that path so we can replace some cyni- points on this resolution. years until you would have to use the cism that was built up about the Fed- No. 1, it protects Social Security. Social Security surplus to pay for do- eral budgeting process with some Not one penny of the Social Security mestic spending. What does that mean? minor but new enforcement tools. surplus is touched. It means either the President sent us a Some may not like them, but we are No. 2, it balances the budget every one-time political year 14-percent in- trying very hard to answer a call from year, not counting the Social Security creased budget or he is serious that we

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In fact, If it was sent up here as a one-time Before I begin a discussion of the in some ways, this diversity of views is political budget with everything in it budget resolution—and I again thank one of our Nation’s great strengths; we but the kitchen sink, then it should be Senator DOMENICI for his kind com- can talk about these things and air our denied. If it was sent up here to set a ments; the relationship has been a good views and give the public a chance to pattern for 3 or 4 years, then it truly one—it has been a privilege and an hear what it is we are saying and in would be an injustice to senior citizens honor to represent the Senate Demo- what we believe. and the Social Security trust fund. crats on the Budget Committee, and I Still, I cannot help but regret that But even if the tax reductions we am going to miss it. In my early days budget debates over the past decade plan for do not become law, we make in the Senate, I never played with the have often become so entirely partisan. sure every penny of that which would thought of being a leader in budget I saw it with the Democrats as well as have gone to tax reductions is returned matters, never expecting to be the sen- Republicans. No one party is at fault. in the form of debt reduction, not new ior Democrat. In fact, I did not even in It does not serve the Nation as we spending. So for those who say there the beginning days intend to be on the would all want to do. I hope perhaps, if will be no tax reduction or tax relief Budget Committee. But I had a good the era of surpluses can be sustained this year, and for the President who friend whom I knew before I came to longer, we can finally inject more bi- says even though Republicans will try, the Senate, Senator JOE BIDEN from partisanship into the process. he will not let it happen, then obvi- Delaware. He pulled me aside early in I may represent Democrats, but I ously we will put another $150 billion, my career and made me an offer that have respect for my colleagues on the or some substantial portion of it, on sounded too good to be true. ‘‘FRANK,’’ other side of the aisle. I do not always the debt, which only adds to the num- he said, ‘‘you’re such a good friend and appear to be understanding of their bers I have already discussed with you such a good Senator that I’m going to views, but they, too, adhere to the with reference to tax reduction in this resign my seat on the Budget Com- principles that brought them here. budget resolution. mittee, and I’m going to give it to While it is not pleasant for me to ac- It is a resolution that will allow us to you.’’ cept it, I am often reminded: They were get our work done. I say to the Repub- Only later did I come to realize what sent here as a majority by the people licans, my side of the aisle, this budget Senator BIDEN was really up to. He across this country and we have to re- resolution cleared the committee on a knew what the Budget Committee spect or acknowledge that fact. But party line vote with every Republican function was. He knew how difficult though I serve in the minority, I sin- voting for it and every Democrat vot- some of the discussions would become, cerely believe the approach the budget ing against it. I do not know how it and he knew conclusions arrived at are brings to the table is the right one for will turn out 3, 4, or 5 days from now, rarely satisfactory. I forgive him. It America. I know from personal experi- but I do hope Republicans will consider has taken me a decade to do that, and ence that Government has a role to that what they want to change in it I am not going to hold a grudge any play, in my view, in the lives of our may, indeed, change whether or not we longer. people and is to exercise that role re- can adopt a budget resolution at all on Seriously, while I fell into the posi- sponsibly. the floor. tion of ranking member—that is, the I make that judgment based on per- I hope Republicans will consult and senior Democrat on the Budget Com- sonal experience. I have said it before talk with the chairman and manager of mittee—I found it not only interesting on the floor of the Senate, and I will the bill as we consider this resolution but a rewarding position. One of the take a minute in this twilight of my so that our end product will be that we principal reasons is that I have had the career to restate it. will pass a budget resolution and go to privilege to serve with a very distin- My father died when he was 43. My conference with the House and let our guished Senator, our chairman, PETE mother was 36. I had already enlisted appropriations committees start their DOMENICI. Senator DOMENICI and I in the Army. I watched my father’s work. worked together from different beliefs, health disintegrate in front of my I do want to say at the beginning with very different views about Gov- eyes—13 months of pain, agony, and and, obviously, I will at the end, that it ernment and its proper role. While we degradation. He died, again, after I had has been a pleasure working with Sen- have often disagreed, I have tremen- enlisted in the Army. He died not only ator LAUTENBERG. This is his last time dous respect and even affection for leaving the grief and the heartache managing the budget resolution be- him. We learned something about the which accompanies the death of a cause he will be leaving the Senate. personal sides of each other’s lives, young man—my sister, my mother and We started off not knowing each which reduces barriers that often arise I comprised the entire family; my sis- other very well, maybe being a little from competitive views. When one un- ter was 12, and I was 18—not only did guarded about how we would think derstands what makes the other person we experience the pain of the loss, but about what each one said, whether we tick and hears his concerns and lets we were deeply in debt to doctors and would be cynical about it, whether we him understand your concerns, it hospitals. My mother tried her best to would believe it. I compliment him. His makes for a different kind of alliance meet those obligations. I was sending job has become very important to him, than the traditional debate. home, when I had the opportunity, $50 and he has become very important to Over the years, we developed an ap- a month out of my pay. That was not this job. It will be a pleasure working preciation and respect for one another. very much. with him for the next 4 or 5 days. I very Senator DOMENICI’s mastery of the Oh, if we had only had health insur- much thank the Senator from New Jer- budget comes not only from years of ance at that time, if we had only some sey for what he has done. I thank ev- experience but lots of hard work as way for the Government to join us in eryone for listening. well. It comes from a genuine commit- our quest to stay alive as a family and I yield the floor. ment he has to serving his country to do what my father always wanted us to The PRESIDING OFFICER (Mr. the best of his ability. I have learned a do—be productive citizens. CRAPO). The Senator from New Jersey. lot from Senator DOMENICI, and I pub- My next experience which helped de- Mr. LAUTENBERG. Mr. President, I licly thank him for his friendship over velop my thinking about Government’s thank Senator DOMENICI. I appreciate the years. role was when I was able to take ad- his comments. By their nature, debates on the budg- vantage of the GI bill after my service As noted, this is my last year as the et tend to be more partisan than other in World War II in Europe during the ranking member of the Budget Com- debates. After all, setting a broad plan height of the war and go to a univer- mittee. As everyone around here for allocating resources necessarily de- sity that otherwise would have been knows, the ranking member harbors pends on judgments based on estab- unavailable to me. We could never have usually one thought, and that is to lished principles we bring with us from afforded the tuition no matter how

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2056 CONGRESSIONAL RECORD — SENATE April 4, 2000 hard we worked because we also had to gress will consider legislation to estab- are essential that have been in place support and unite the three of us. lish a prescription drug benefit. Fi- will get a 6.5-percent cut. A 6.5-percent That GI bill made an enormous dif- nally, by covering only 5 years of oper- cut over 5 years is pretty substantial ference, not only in my life, but permit ations, unlike the 10 years we worked because by the time you got to the me a moment of immodesty to say that with last year, the resolution hides its fifth year, the cut enlarges to 8.2 per- I helped create a business that created long-term costs and weakens fiscal dis- cent. In fact, since the resolution an industry, the computing industry, cipline. claims to protect some specific pro- which is a bigger part of the computer I want to address each of these grams, the cuts in other areas would be atmosphere, the computer functioning, points. well over 10 percent. the computer industry, than the hard- The Congressional Budget Office, The Office of Management and Budg- ware side: Computing, providing serv- CBO, says that over the next 5 years, et has analyzed how cuts such as this ices. We were pioneers. And I am a the non-Social Security surplus is could affect ordinary Americans. Here member of something called the Hall of going to be $171 billion. We do not have are just a few examples. Fame of Information Processing in any disagreement about that. That is Mr. President, 20,000 teachers Dallas, TX. what they say. This assumes that Con- planned to be hired would not be hired. Education enabled me to do that. I gress freezes discretionary spending at Those teachers were planned to be became very active in philanthropy the current real levels, which means, hired to reduce class sizes. and was national chairman of one of very simply, that in order to protect Five thousand communities would the largest charities in the world. At the funding of these programs, we have lose assistance to help construct and the same time, I ran a company that to allow for some inflation increases, modernize their schools. There are not employed lots and lots of people—over some inflationary adjustments, as many people in this country who do 16,000—when I came to this Senate. modest as they might be. not realize we have this enormous So much of what I have done has In fact, if Congress increases domes- number of school buildings that are been dependent on the education I was tic spending at the same rate as recent just inadequate for the purpose that able to receive as a contribution by my years, which has been higher than in- they exist; that is, to provide an at- fellow Americans and my country. flation, the actual surplus would even mosphere where our children can learn. Then, the privilege of serving here be smaller than that $171 billion. If plaster is falling from the ceilings, for 18 years has made an impression on Still, to give the majority the benefit or there is no heating in the winter or me that will last for life. of the doubt, we will ignore history for ventilation in the summer, we know That is how I have acquired my view the moment and optimistically assume that is not an atmosphere conducive to of what Government’s role might be. the non-Social Security surplus will be learning. So there are 5,000 communities that And we dare not turn our back on it. as projected, $171 billion. would get help, but they won’t under With that, I will turn to the business The budget resolution, passed by the the Republican plan; 62,000 fewer chil- directly at hand. Republican majority, calls for tax dren would be served by the Head Start Mr. President, in my role as ranking breaks of $150 billion. I say that is at a Program—one of the most successful member, I begin by laying out the minimum because there is a reserve programs this country has; 19,000 fewer broad budget principles with which there for additional increases. researchers, educators, students re- most Democrats agree. Perhaps most But this reduction in future sur- ceive support from the National fundamentally, Democrats believe the pluses would also require that the Gov- Science Foundation. And if there is one budget should address the needs of or- ernment would pay more interest on place where America excels, it is in re- dinary Americans as it prepares our the outstanding debt, in this case $18 search and in science. Nation for the future. It should billion more. Thus, the real cost of the I took a trip to the South Pole in strengthen Social Security and Medi- tax breaks isn’t $150 billion; it is $168 January. People ask, ‘‘Why did you go care; provide prescription drug cov- billion when we add the $18 billion for there?’’ It’s a far and tough trip. I went erage for our seniors desperate for additional interest. That consumes vir- there because I am worried about the some relief as they try to protect their tually the entire non-Social Security climate, about the forecasts which talk health from the financial burden of surplus of $171 billion. This isn’t mys- about ever more severe tornadoes and high prescription costs; invest in edu- terious; it is plain arithmetic. things such as cyclones and other nat- cation, health care, defense, and other People watching this debate might ural disasters. I wanted to know what compelling needs. ask themselves: If the tax breaks use is happening with the weather and cli- We should provide targeted tax cuts virtually the entire non-Social Secu- mate studies that we do down there. for those struggling to advance the rity surplus, how can the resolution I will tell you, one need not be a sci- well-being of the next generation. At also provide funding for any of the new entist to know that we have problems. the same time, it should maintain fis- initiatives it claims to support, such as Now we are talking about an icefloe cal discipline, reduce our debt, as most increases in military spending, pre- that is cracking away from the main people in our country would want to do scription drug coverage, agricultural part of the continent twice the size of on a personal basis. The happiest day risk management reform, payments to Delaware. We had one the size of Rhode for lots of families is when the mort- counties, nuclear waste disposal activi- Island float off some years ago. One gage is paid off or when the bills are fi- ties, and various other claims of in- day we are going to see an iceberg, an nally paid for something that was nec- creases in discretionary programs? icefloe that is the size of Texas. What essary to acquire or, as we know these The real answer is, it cannot. There are we going to do about that? Are we days, to help people provide an edu- is no way to fit all of this new spending going to say maybe we can push it cation or assist in providing an edu- in roughly the $3 billion that remains back and glue it together? Everybody cation for their children. At the same of the non-Social Security surplus. The knows that is not going to happen. It time, we want to protect our Nation’s numbers just do not add up. says the ice is melting at an ever faster economic prosperity. Unfortunately, the majority seeks to rate, and 70 percent of the fresh water In my view, this budget resolution sidestep the problem by assuming huge in the world exists at the South Pole. fails to meet these goals. It would use unspecified cuts in domestic programs. If that starts mixing with the saline of virtually the entire non-Social Secu- The resolution calls for a 6.5-percent the oceans, we will have serious prob- rity surplus for tax breaks that dis- cut in nondefense discretionary pro- lems. They may not be problems that proportionately benefit the wealthy. It grams over the next 5 years. affect anybody working in this room would require deep and unrealistic cuts Because we are trying to address this today, but I worry about my grand- in domestic priorities, such as edu- to the public at large, I am going to children and about their children and cation and health care. take a moment to explain what this about the future of mankind. It proposes far less debt reduction means. There will be 19,000 fewer researchers. than the budgets developed by Presi- A 6.5-percent cut in nondefense dis- Funding for all new federally led clean- dent Clinton and the Senate Demo- cretionary means, outside of defense, ups of toxic waste sites would be elimi- crats. It fails to ensure that the Con- those programs that many of us think nated. I notice that the Republican

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2057 candidate for President, George W. tually materialize, which is extremely Considering that we are facing huge Bush, announced his interest in a unlikely, if not impossible, the Repub- new liabilities when the baby boomers brownfields program, which is some- lican budget still would reduce much retire, we need to think longer term. thing we have been trying to do here less than President Clinton and Senate We need to take all long-term costs for a long time. I am glad to see that Democrats. The Republican plan will into account when establishing and en- acknowledgement take place, to turn use non-Social Security surpluses to forcing fiscal policy. these fallow sites into productive, func- reduce only $19 billion, which is con- Thus, I reluctantly conclude that the tioning areas where business can flour- trary to what is being said, over the Republican budget fails to prepare for ish and people can visit. We can give next 5 years. By contrast, the Presi- our future or address the needs of ordi- some life to some communities—many dent’s budget would reduce the $90 bil- nary Americans today. It allocates vir- of them urban communities that are in lion of debt, over the same period, tually the entire non-Social Security various stages of decay and would like nearly five times as much. This dif- surplus for tax breaks. It would require to be able to move up and away from ference in debt reduction helps show drastic, unrealistic cuts in these par- that. how extreme the GOP tax breaks are. ticular programs—such as education We would have 430 fewer border pa- Throughout the markup on the reso- and health care. It fails to make debt trol people available to safeguard our lution, Republicans claimed that their reduction a priority. It fails to ensure borders. Everybody knows what that budget contained over $1 trillion of prompt action to provide prescription problem is. debt reduction. However, this figure is drugs to seniors. And it fails to main- The list goes on and on. As most peo- based almost entirely on Social Secu- tain fiscal discipline for the long term. ple around here recognize, cuts of this rity surpluses, and these surpluses are For all of these reasons, I join with magnitude are totally unrealistic, and off budget, and both parties have com- the Democrats on the Budget Com- they are not going to happen. We are mitted to protecting them. Yet when it mittee in opposing this resolution. going to play games—ping-pong—with comes to the portion of the budget that When we discussed tax breaks and the budget of the United States. In the remains subject to congressional dis- discussed what the standard bearer for final analysis, neither Republicans nor cretion, Republicans have refused to the Republican party has advocated— Democrats will tolerate these cuts. devote significant resources for debt tax breaks that come in at over $500 This is not the first time the Senate reduction. In doing so, they have re- billion the first 5 years—there was a has assumed deep, unspecified cuts in a jected repeated calls by Federal Re- strange silence that took place over budget resolution. Last year’s resolu- serve Chairman Alan Greenspan to the majority of the Republicans sitting tion included similarly unrealistic make debt reduction our first priority. on the Republican side of the Budget things. Not surprisingly, by the end of My next concern about the budget Committee. the year, the Republican majority—not resolution is that it fails to ensure There were a couple of murmurs the President—had approved the appro- Congress will act on legislation estab- about: Well, we haven’t given up. We priations bills, spending about $35 bil- lishing a prescription drug benefit. are not going to pass that now. lion more than it planned for the year This is in marked contrast with its They did that by a vote. One of our initially. That is the same time and treatment of tax breaks which the res- distinguished Democrats proposed it in the same status that we have right olution’s reconciliation instructions a vote, and the support just wasn’t now. No doubt, something similar is require of the Finance Committee. there. going to happen this year. We are not This differential treatment is trou- Again for these reasons, joining with going to see Government close down. bling, especially given resistance from the Democrats, I hope we can make ap- We learned that lesson. It was vivid the Republican leadership to a mean- propriate adjustments and amend that and searing, and it is going to stay for- ingful universal benefit. I hope that as process for a more realistic budget. ever in our memories. the debate proceeds we can take steps I look forward to working with col- So we are not going to take those to ensure Congress really does approve leagues on both sides of the aisle in an cuts that would make departments of a prescription drug benefit this year. effort to improve the resolution before Government inoperative or inadequate. My final concern about the budget it gets voted on in the Senate. Who is going to let go all these FBI resolution is that it covers only 5 I yield the floor. agents and the border guards? One of years—I mentioned that earlier—not I understand my colleagues are the greatest concerns our citizens have the 10 included in last year’s resolu- pressed for time and would like to is to be secure in their homes, on the tion. Those projections came out speak. I hope they will be recognized at streets, and in their communities. Are with—even though we know that fore- this point. we going to reduce law enforcement? casts are not necessarily precise, they The PRESIDING OFFICER. The Sen- We are not. We may say so, or we may are a gauge. Last year, we included ator from New Mexico. not even say so. We simply hide it in them because it seemed to present a fa- Mr. DOMENICI. Mr. President, I un- the volume of pages and numbers that vorable position to the Republican few. derstand the Senator from Illinois are presented to the public. This year, we dropped back to 5 years wants to speak. I will not interrupt as Unfortunately, the Republican budg- because they know very well that the far as speaking. But I want to say to et relies on these unrealistic cuts for second quintile is going to be one that Senators on our side that we would its various increases in mandatory spells disaster. This has the effect of like very much for anyone who has re- spending, such as aid to farmers, pre- hiding the long-term costs of its tax marks on the budget to come down be- scription drugs, and other programs breaks, and it also weakens the budget fore we recess. Then we will start. We long ago, for the most part, considered resolution as a means of enforcing will not take any amendments until essential. The cost of those increases— long-term fiscal discipline since points after we come back from that recess so $62 billion for those mandatory proof order would not be available against that Democrats have a chance to talk grams—would be locked in up front. tax breaks that explode in cost after 5 in their caucus and we have a chance The savings, however, would not be. years. to talk in our policy luncheon. When Congress later fails to make the During markup, it was suggested If you want to speak about the reso- assumed cuts in appropriations bills, that the budget resolution should cover lution with general statements, we will funds for these new entitlements, it only 5 years because CBO produces be here until 12:30. Both sides are going will come from only one place—Social only 5-year estimates. That isn’t true. to apply the same rules, according to Security. In fact, since last year, CBO has been Senator LAUTENBERG. There will be no One might think that assumptions of producing 10-year projections. So why amendments until after the 12:30 lunch- deep, unrealistic cuts in discretionary are these projections being ignored? eon. spending would allow the Republicans Because they, again, don’t like the out- The PRESIDING OFFICER. Who to claim significantly more debt reduc- come of the second 5 years. Thus, no yields time? tion than the budgets proposed by longer is there a good excuse to re- Does the Senator from New Jersey Democrats. However, if one assumes strict the budget resolution to only 5 yield time? that the Republican spending cuts ac- years. Mr. LAUTENBERG. I do.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2058 CONGRESSIONAL RECORD — SENATE April 4, 2000 The PRESIDING OFFICER. The Sen- are debating today are very important are choosing between food and medi- ator from Illinois. to them. cine. They can’t afford to buy the Mr. DURBIN. Mr. President, I seek to Take a look at this little graphic pre- drugs to keep themselves healthy and be recognized for 10 minutes and ask pared on the Democratic side. We have strong, out of the hospital, and out of that my colleague from Oregon have 5 a great ship of state, the ‘‘U.S. Econ- the nursing home. minutes, if that would be appropriate. omy.’’ We believe on the Democratic side— We are going to a meeting. I think the Take a look at the U.S. economy and the President agrees—that we Senator from California also is seeking over the past 8 or 9 years. You will see should take a part of our surplus and recognition. that an amazing thing has occurred. put it into a prescription drug benefit Mr. LAUTENBERG. I yield time in We have seen the greatest economic so that the elderly and disabled across accordance with the Senator’s request. growth in the history of America, with America have that peace of mind. Yet Mrs. BOXER. Mr. President, I ask the terrific employment, new housing, new if you look at the Republican budget Senator from New Jersey if I could businesses, and inflation under control. proposal, the money is not there for have 10 minutes. We have seen our debt coming down at this prescription drug benefit. Instead, Mr. LAUTENBERG. It would be a a time when many people have given it is there for this tax scheme that can pleasure to allow my colleague from up, thinking that the national debt was derail the economy. California to address the Senate. just going to increase. Not only that, you have to ask your- The PRESIDING OFFICER. The These are all positive things—a stock self whether or not we are dedicating Chair’s understanding is that the Sen- market which was at 3,000 with the the resources we need for the growth of ator from Illinois is to be recognized Dow Jones average when President our country for investment in infra- for 10 minutes, the Senator from Or- Clinton took office. It is now over structure and people. That really egon is to be recognized for 5 minutes, 10,000. It may be over 11,000, I haven’t counts. and the Senator from California is to checked. All of these things are good This Republican tax scheme, which is be recognized for 10 minutes on Sen- news about the American economy. the cornerstone of this budget resolu- ator LAUTENBERG’s time. This great ship of state sails on with tion we are debating, is bad policy for The Senator from Illinois is recog- the U.S. economy stronger than it has this country. Don’t take my word for nized. ever been in recorded history. This is it. Don’t take the word of any Demo- Mr. DURBIN. Thank you, very much. not political hyperbole. This is a fact, crat for it. Take the word of the Chair- Mr. President, I thank Senator LAU- and America’s families know it. They man of the Federal Reserve, Alan TENBERG of New Jersey, who is on the know we are moving in the right direc- Greenspan. He tells us the No. 1 pri- Budget Committee. This will be the tion in this country. Above all, they ority for the good of America and its last budget resolution he will manage want Congress to get out of the way. economy is reducing our national on the floor. He is retiring from the Don’t stop this economy from moving debt—not a tax cut for the wealthiest Senate. We will miss him. He has been forward. people. a leader on so many issues. I have Let me tell you that this budget res- This tax cut from the Senate Repub- worked with him on issues over the olution we are debating on the floor of licans is a mere shadow of the tax cut years such as gun control. He has cer- the Senate today is going to get in the proposed by Governor George W. Bush tainly been a leader for his State and way of that economy. It is going to be in his Presidential campaign. It is a the Nation, and he has taken on a an obstacle to our economic progress. tax cut that, frankly, goes to the tough job in working on the Budget Look at this looming iceberg. Does wealthiest people in America. It is Committee. this remind you of a movie? Here you worse than the one proposed by the We all acknowledge that the chair- see the tip of the iceberg—a $168 billion Senate Republicans in this budget reso- man of the committee, Senator DOMEN- Republican tax cut. But look below the lution. This is the George W. Bush tax ICI, is a man we respect very much. We surface. This Republican tax scheme is cut to the top 1 percent of wage earners may disagree on political issues. We much larger. in America. The George W. Bush tax find him as a colleague to be a real pro- Why would politicians be for tax cut will provide a $50,000 a year tax fessional and a man truly dedicated to cuts? Every American family would ap- cut. If one happens to be in the lower 60 reducing the budget deficit and keep- plaud a tax cut. We would all like to percent of wage earners, the tax cut is ing the fiscal house in order. We may have one. It helps you get by. But if $249 a year—20 bucks a month. see the world a little differently, but you ask what that tax cut will cost, a I gave the Senate Republicans on the we have a high respect for Senator lot of people in America back off and Budget Committee two opportunities DOMENICI. say: Wait a minute. It doesn’t make a to vote for George W. Bush’s tax cut in I will miss Senator LAUTENBERG. He lot of sense for us to be giving tax committee. They say they want him is a great friend and has been a great breaks to the wealthiest people in for President. He says it is the most colleague over the years. I am happy he America and jeopardizing the growth important thing in his campaign. One is here for this important and vital in our economy. You see, what the Re- would think the Senate Republicans battle. publicans do in their budget resolution would rush to be in his corner when it The budget resolution that we debate is couple it with a tax cut plan over the comes to standing for this tax cut. Do may be one of the toughest to sell to next 5 years that literally gobbles up you know what. On two different occa- the American people because it is a dry every single dollar of surplus that we sions they tried to avoid, and did avoid, subject. We are talking about percent- have so there is no money available for even having a recorded vote on their ages—billions of dollars in appropria- us to spend on other things that Amer- standard bearer’s tax cut. They don’t tions, and money in the outyears. Pret- ica knows we need. want to be on record in favor of that ty soon, you are lost in the sauce try- Does America know we need better tax cut. They know it eats up all of our ing to figure out what in the world schools and better education? You bet surplus that goes into the Social Secu- these people are talking about. we do. Every parent, every grand- rity trust fund. Does this have any relevance or im- parent, and every family knows that. At this moment in time, the Senate portance to the lives of ordinary people The Republican plan shortchanges Budget Republicans have denied across America? Should families even that. They take the money away from George W. Bush twice. I will give him pay attention to it? If they are watch- the cut. They say: No, we would rather another chance on the Senate floor in ing on C–SPAN, they are probably give it as a tax cut to wealthy people the next few days. Will the Senate clicking away now. As Billy Crystal than put it in education. Budget Republicans deny George W. said the other day, he liked the movie Let’s ask another question. Would Bush thrice? We will find out. I hope ‘‘The Sixth Sense.’’ He said: I see dead American families want to see a pre- they come to their senses and under- people too. I see them on C–SPAN. scription drug benefit under the Medi- stand they should go on record in oppo- I think people who watch C–SPAN care program for our parents and sition to it. will understand that we are very much grandparents? You bet we would. We America wants to spend money on alive. They understand the issues we understand that a lot of senior citizens things important for our future, such

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2059 as education, health care, training the In the Budget Committee, at least as come to the floor and it is hard to next generation of workers, making a beginning for significant reform, we know the differences between the par- certain this economy keeps moving said it is urgent to act this year. There ties because the rhetoric may sound along. A lot of people have prospered is language that stipulates if the Fi- the same. The budget is dealing with under this economy, but a lot of work- nance Committee doesn’t move on this hard dollars, and we are placing those ing families are just starting to believe issue by the fall, it is possible for any hard dollars in different categories. No things are getting better for them. Member of the Senate to come to this one can run away from the fact that They do not want to derail the eco- floor and have the issue dealt with di- they do less for debt reduction, they do nomic progress we have seen under the rectly. We locked in the money to do less for prescription drugs, they do less Clinton-Gore administration. They the job right, $40 billion, which, by the for education, and they do more to help want America to continue to move for- way, is tied to reform of the program. the wealthiest in our society. The num- ward. They want America to continue We have language that talks about bers are there; you cannot hide the to grow. I believe that is the right using marketplace principles and com- numbers. track to follow. petitive purchasing techniques. It is a I say with due respect to my chair- I yield the floor to my colleague from chance to finally get justice for older man, PETE DOMENICI, he doesn’t want Oregon. I hope to get another chance to people and their families. to do that. He wants to make the fight address the budget resolution which Medicare started off as half a loaf. It on the differences. And so do I. should be defeated by the Senate so we didn’t cover prescription drugs in 1965. The reason I have always chosen to can continue the economic progress we The big buyers—the health plans and be on the Budget Committee both in have seen in America. HMO plans, the managed care plans— the House, where I served for 10 proud The PRESIDING OFFICER. The Sen- negotiate discounts. Democrats are years, and the Senate, where I am now ator from Oregon. having folks come to our townhall serving for 7, is that the budget we do Mr. WYDEN. Mr. President, I will meetings, those people who are without once a year—and, by the way, I think it pick up briefly on the point made by prescription drug coverage—and only is important to do it once a year; I the distinguished Senator from Illinois about a third of the older people do don’t support the notion of going to about moving forward with an agenda have good prescription drug coverage budget every 2 years—is the budget that meets the needs of the American now. Those people in effect are sub- that is the roadmap to our Nation. It is people. sidizing the big buyers. They are sub- not a dry document. It may appear bor- When we started this budget markup, sidizing the people in those health ing because we are putting numbers the Senator from Texas, Mr. GRAMM, plans and the managed care organiza- next to functions, but when we get be- said the Senate ought to stand pat on tions. hind the numbers, what does it mean? the budget until after the election. In I think it is time to bring the revolu- Look at defense; we know what it spite of the pressing health and edu- tion in private sector health care to means. Look at domestic discre- cation concerns of the American peo- the Medicare program. If we can get tionary; we know what it means. We ple, the concerns we will try to address the anticoagulant drugs covered, which know what it means for education. We on this floor this week, Senator GRAMM we want to do on this side of the aisle, know what it means for the environ- said we ought to stand pat; we should we might spend $1,000 a year to help an ment. not take any significant steps with re- older person with medicine but we will By the way, I want to make a point gard to action on many of these impor- save $100,000 by being able to prevent about the environment. I am thor- tant issues in the health and education the stroke an older person might other- oughly distressed that for the first area. wise incur. time in the history of the Senate in a I come to the floor this morning to We will try to convey a sense of ur- budget resolution, this budget resolu- say I am not prepared, and I think my gency about this issue. I hope we will tion calls for oil drilling in a national colleagues are not prepared, to say to be able to get additional colleagues wildlife refuge. Never before in a budg- the millions of older people in this from the other side of the aisle to join. et resolution have we done that. And country and their families that we are I particularly commend Senator SNOWE not only are we calling for drilling in going to stand pat given the huge prob- and Senator SMITH because they share this preserve, we are putting the re- lem they are facing with their prescrip- our sense of urgency. They share our ceipts for this drilling in this budget, tion drug costs. I have come to the view we cannot just stand pat on this over $1 billion of receipts. floor of the Senate more than 20 times issue, as Senator GRAMM talked about I am proud to say we are going to in the last few months to talk about in the Budget Committee. This country have a bipartisan amendment to delete the older people who are supposed to has now made it clear they want the that reference to drilling in Alaska, take three pills a day and are taking Congress to act on this issue, and they the Arctic National Wildlife Refuge. It only two; they are breaking up their want Congress to act now. They don’t is called ANWR. Those who do not care anticholesterol capsules because they want it put off until after the election. about the environment are using the cannot afford the medicine. I am of the We are going to try to convey that dur- gas prices as an excuse to open this view this Nation can no longer afford ing this week’s budget debate. area up while they are turning away to deny prescription drug coverage to I yield the floor. from energy efficiency, turning away the Nation’s older people. Mr. REID. Mr. President, the Senator from the fact that, as we speak, we are In my home State, we have older peo- from California has been granted 10 exporting Alaskan oil that belongs to ple being hospitalized in order to get minutes by unanimous consent. I ask the American people. We are exporting prescription drug coverage because she be extended 15 minutes rather than it to Asia instead of keeping it here— Part A of Medicare will pick up those 10 minutes. 68,000 barrels a day. And they are turn- bills and Part B, the outpatient part of The PRESIDING OFFICER. Without ing their heads to the fact we are al- the program, will not cover them. objection, it is so ordered. lowing huge mergers to take place in There has to be a sense of urgency The Senator from California. the oil industry, which is, in fact, ma- about this important issue of prescrip- Mrs. BOXER. Mr. President, I rise as nipulating the supply. tion drug coverage for older people. I a member of the Budget Committee. I What do they want to do? Open up feel the same way, frankly, about edu- am honored to serve on that com- the wildlife refuge in Alaska. I ask you cation. mittee. Our chairman, PETE DOMENICI, a commonsense question. You have a That is what we tried to do in the is an expert on understanding the wildlife refuge. How is that consistent budget resolution. The chairman of the budget. Our ranking member, Senator with drilling oil? We have seen the oil- committee made a comment earlier LAUTENBERG, whom we will miss great- spills. We know the devastation that with which I agree completely, ques- ly when he retires, is likewise an ex- can be wreaked. The bottom line is, I tioning whether there could be com- pert. am very distressed that this budget is prehensive reform of the Medicare pro- What is intriguing about this year’s clearly a document that is gram this session. That is right. We budget is that it shows the difference antienvironment, and the American ought to have comprehensive reform. between the two parties. Sometimes we people support the environment.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2060 CONGRESSIONAL RECORD — SENATE April 4, 2000 I want to ask a commonsense ques- number here, charted straight up since The Republican budget cuts domestic tion. If you are living in a time of the 1992. Record home ownership, up from priorities—$89 billion to $117 billion of greatest economic recovery in the his- 64 percent to 67 percent. The American domestic cuts between 2001 and 2005. tory of the United States of America, dream is being realized; 67 percent of What does this mean? Let’s talk tur- and you know what policies led to Americans own their own home. key about what this means. that—fiscal responsibility, targeted tax We have rising incomes for all Education: It will prevent the hiring cuts to those who need it and not to groups. In every single group, we have of 20,000 new teachers to lower class those who do not need it, investments seen rising incomes. These are the sizes. in education, investments in the envi- quintiles: 10 percent in the first, or Head Start: 62,000 fewer children ronment, protecting Medicare and So- lowest-income people; increase, 11 per- served. cial Security—why would you not con- cent in the second quintile; 10 percent Basic research: 19,000 fewer research- tinue those policies? in the third; 10 in the fourth; and 12 in ers receiving support. I am going to show you some charts the higher incomes. All the talk about, Environment: Funding eliminated for that indicate we have had the greatest oh, we are taxing the people in the all 15 new federally led cleanups. economic recovery in generations and upper incomes; they are getting Law enforcement cuts: No funds for generations and generations. Why killed—they have had the largest in- hiring additional police officers. would you turn away? Why would crease in their income, 12 percent. The Republicans have admitted it. George W. Bush have policies that turn The Federal income tax burden has They said: We will take these tax cuts away from this success? Why would the declined. It has declined for the aver- one salami slice at a time. That is Republicans in the Senate have poli- age family of four. ‘‘Federal Tax Level what Senator LOTT has said; he has ad- cies that turn away from this success Falls For Most,’’ this is an article from mitted it. And he shows the different and would take us back to dangerous the Washington Post. We are paying salami-sliced tax cuts: times? To me, it makes no sense at all. less income taxes than we did before. $182 billion for the marriage penalty It is common sense that if something is This record economic expansion pre- tax. We know we need to fix that prob- working in a business and you are sents a historic opportunity, and I lem. It does not take $182 billion to do doing great because of the policies you think the Democratic budget, the al- it. We can do it for less; put into place, you don’t turn away ternative we have to vote on, seizes $122 billion in small business tax from those policies. You continue those this opportunity. It meets the fiscal breaks. We can do it for less; policies. This budget leads us away challenges ahead because we cannot $21 billion tax breaks contained in from those policies. take this for granted. We know that. the education savings account that go Let me talk about this return to fis- We need to strengthen Social Security. to the wealthiest among us. cal strength. In 1992, we had a record As somebody said: When the Sun is It goes on and on. They are doing it deficit of $290 billion and we have a sur- shining, you fix the roof. You don’t one salami slice at a time, and it adds plus of $179 billion in 2000. In the last 2 wait for the rain to fall. up to one big salami which is going to years, we paid down the debt for the That is what our Democratic budget put us back in the red. It is going to first time instead of racking up huge does. It strengthens Social Security use the entire non-Social Security sur- debt. This has sparked the longest eco- and Medicare. It sets up a lockbox, not plus and maybe even dip into the sur- nomic expansion in the history of the only for Social Security but for Medi- plus. country, 108 consecutive months, and care. Let the record show, when Sen- Senator DURBIN showed my col- counting, of economic growth; 20.8 mil- ator CONRAD offered a lockbox for leagues the Bush tax cut. I want to ask lion new jobs; the lowest unemploy- Medicare, the Republicans voted in one question: Is it fair to give a $50,000 ment rate in 30 years—4.1 percent lockstep against it. They are not pro- a year tax cut to people earning over versus 7.5 percent that prevailed in tecting Medicare. $300,000 a year? It is unbelievable. Peo- 1992—and record American home own- We place a top priority on adding a ple work for the minimum wage. They ership of 67 percent. prescription drug benefit. We pay down make $11,000 a year. The wealthiest Those are the facts. Those are not the national debt. We use honest budg- will get $50,000 a year. made-up numbers. Why would we turn et numbers. And we expand oppor- I ask unanimous consent for an addi- away from those policies? That is what tunity by investing in education and tional 3 minutes to conclude. the Republican budget does; it makes a other priorities to help people realize The PRESIDING OFFICER. Without U-turn on those policies, following the the American dream. In my opinion, objection, it is so ordered. leadership of George Bush. the Republicans squander this oppor- Mrs. BOXER. This Bush tax cut is Let me show you these charts. Here tunity with an irresponsible tax cut. As not fair. This is not fair. It jeopardizes you see the budget deficit was $290 bil- Senator DURBIN has said, it is targeted our economic recovery. Do my col- lion. We now have a surplus of $179 bil- to the wealthiest; it is going to risk leagues know what people who are in lion. What was the projection in 1992, Social Security and Medicare; it is the bottom 60 percent with incomes before the Clinton-Gore team came in? going to make it impossible to do a below $39,000 get? They get back $249 a It was $455 billion worth of deficits. prescription drug benefit; and it is year. If one earns over $300,000, they That was the projection; instead, there going to make it impossible to invest get back over $50,000 a year. It makes is a $179 billion surplus. in education and the environment and no sense. Why not give the tax breaks We have paid down $140 billion of the the kinds of things the American peo- to the people who need it, not the peo- debt in the last 2 years. Here is where ple want. ple who do not need it. Their tax bur- we see that. Instead of $761 billion of Why do I say this? Because the Sen- den is not overly high. They are doing projected debt increases for 1998–1999, ate Republicans take the nondefense very well, thank you very much. we actually are paying down the debt. discretionary money—in other words, Some of the wealthiest people in This chart is titled ‘‘Fiscal Discipline the money we can spend on education, America live in California in the high- Sparks Robust Private Sector Invest- the environment, Medicare, and the tech sector. Do my colleagues know ment.’’ In other words, when you do rest—and they actually cut it below a what they tell me. They say: Senator not have to pay so much interest on freeze. This is not me talking; this is BOXER, don’t do this. I don’t need the the debt, there is money around for the the Congressional Budget Office. They money. I am making millions of dol- private sector to invest. Look what say a freeze is $296.1 billion; the Senate lars. I don’t need a risky tax break happened just in equipment and soft- Republicans come in at $289 billion. that is going to jeopardize this eco- ware investment. The investment is up That is unrealistic, and it is not what nomic recovery. 12.1 percent. The unemployment rate, I the American people want. They do not It makes no sense. told you before, declined from 7.5 per- want a risky tax cut. They want a tar- Mr. REID. Will the Senator yield on cent to 4.1 percent. Some people con- geted tax cut to the middle class, leav- my time? sider this full employment. ing enough money to invest in their Mrs. BOXER. Yes, I will be delighted. Another way to look at the jobs, 20.8 priorities. This is the hub and the nub Mr. REID. Did the Senator read the million new jobs—this is a beautiful of the problem. newspaper articles a week ago Sunday

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It was a tre- means. We start with the assumption that mendous series that essentially showed Either that is a one-time event and everything is frozen, and then we de- the average families paying less of a the President does not think we have cide what to add back. We have done burden in Federal income taxes. It to do it again in the next year, the that for a few years because it is a makes no sense at all to give back year after, or the year after—just one huge increase in Federal expenditures $50,000 to the people earning over time; it happens that one time in an when you assume every account in $300,000 and set at risk this amazing election year—right now—if you think Government will go up by the rate of economic recovery. The American peo- it is just an election year number, you inflation every year. We call that a ple want debt reduction, and that is ought to discard it and decide what you nonincrease. We call that a neutral what our Democratic alternative of- really need. That is what we tried to budget. We call that a budget that does fers. do. We think it is a political budget. not spend any new money. Everybody I say to my friend, doesn’t he think Let me flip the coin and say why I knows it spends new money over the that is the wise thing to do—debt re- am entitled to believe it is a 1-year previous years to the extent that you duction and sensible investments in budget phenomenon in a political year. add inflation to every single account, education, the environment, and other I think I have to say perhaps it is not. bar none. Frankly, everyone knows you priorities, and targeted tax cuts to the Perhaps it is what Democrats think we do not have to increase every account middle class? ought to spend—a 14-percent increase. in this Federal Government by the in- I have a chart that shows what will Mr. REID. Mr. President, I say to my flation rate of every year. happen to the surplus and the Social friend, a reduction in the national So what do we do? We start with: Security surplus if we increase domes- debt, which is over $5 trillion, by pay- Let’s freeze it and see how much we tic discretionary spending 14 percent a ing less in the way of interest on the have left over. To my amazement, and year for 3 years. We will start to use up debt every year would be a tax reduc- contrary to the numbers that have the entire surplus, and we will begin to tion for everybody; is that not true? been talked about here on the floor by use the Social Security surplus. That is Mrs. BOXER. There is absolutely no the other side, if you do that and say to how important it is that we keep question. I know my friend knows this, spending under control. Americans, we are going to start at but I want to quote to him Chairman With a 14-percent increase in discre- zero and we are going to add back, we Alan Greenspan, a Republican, who tionary domestic spending—that is the have a surplus of $400 billion over the said: 13 bills we do each year, less the de- next 5 years. Saving the surpluses is . . . in my judg- fense bill—this chart shows the on- Of that, we are going to spend $230 ment, the most important fiscal measure we budget surplus spent and the money billion. In other words, our budget, in can take at this time to foster continued im- the next year and the succeeding years, provements in productivity. raided from Social Security in the gray and yellow. adds $230 billion to a base of about $570 He says basically pay down the debt, Just look at the chart. The total sur- billion. We have a $400 billion surplus. and the Republicans are blinded on plus is shown by the red line. Look at We are going to spend $230 billion. We that point. They have a Presidential what begins to happen to the surplus as are going to say: If Congress can, and candidate who has made a bad decision. we increase this budget 14 percent a the President will, we will have tax re- He will not back off from it. The people year just on the discretionary domestic lief of $150 billion. We will have debt are going to understand that it is going accounts. By the year 2003, it gets very reduction of an additional $20 billion. to put our economic recovery at risk. close to our starting to use the Social Essentially, that is a pretty fair alloca- We have to save Social Security. We Security surplus, and by 2004 we are. tion of our resources. If, in fact, we do have to save Medicare. We need a pre- Clearly, by 2005, we will have used the not get the tax reductions, every bit of scription drug benefit for our senior Social Security surplus. We will have it will go on the surplus. citizens, and we need to be wise and begun to use all of the surplus because There is no difference between the continue this economic recovery. of the 14-percent increase. Democrat budget they will propose and In conclusion, I hope the Democratic Frankly, I think that sort of tells the ours on debt reduction. We are both budget proposal will win the day. Hav- tale. Obviously, I do not believe that is about $1 trillion over the next 5 years. ing said that, I am a realist, and I going to happen. The 14-percent in- But our budget, the one for which we know we are going to see a party-line crease is unparalleled, other than in 1 ask the Members to vote, has $174 bil- vote for this Republican budget. I will year under President Jimmy Carter. I lion in debt reduction—$174 billion in say unequivocally, the Democratic do not think, even at the President’s the first year, $1 trillion over the 5 plan reduces the debt; it makes invest- behest, we are going to do anything years. ments in Medicare, the environment, like that. Let’s get back to the tax relief. Mr. and education. I hope we will not turn But I have two other points I would President, $150 billion over 5 years; $13 our backs on this economic recovery. like to make. One, my good friend, billion in the first year. The ratio in The American people want it to con- Senator LAUTENBERG, and the Senator the first year of tax relief to deficit re- tinue. from California, Mrs. BOXER, keep reduction is $13 of debt reduction to $1 in I thank the Chair. I thank my chair- ferring to how much we are going to re- tax relief. man for allowing me this time. duce Federal expenditures. They keep How much is enough? The PRESIDING OFFICER (Mr. BUN- using the word ‘‘real.’’ Everybody who Should the ratio be $50 to $1? Should NING). Who yields time? is in earshot of this floor debate should it be $40 to $1? It is $13 to $1 in the first Mr. DOMENICI. I yield myself such understand that the word ‘‘real’’ has a year. Over the 5 years, it is $8 in deficit time as I may use. technical meaning Republicans have reduction for $1 of tax relief. I think The PRESIDING OFFICER. The Sen- decided we will not use. that is pretty good. ator from New Mexico is recognized. If you want to look at what is spent I repeat, if we start with a freeze and Mr. DOMENICI. Mr. President, some- by our Federal Government every year add back, rather than starting with the how, I guess because the President is in the appropriations accounts and you budget that adds back inflation to ev- pretty good at coming up with words, want to say it is entitled to ‘‘real erything and calls anything we reduce we hear that what we are attempting growth,’’ that means every single soli- from that a cut, we will be spending to do is risky. That is a nice word, tary account of the Federal Govern- $230 billion over those 5 years, increas- ‘‘risky.’’ I submit that if the American ment grows each year by the rate of in- ing our national defense spending and people knew how much the President flation. our domestic discretionary spending.

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If we just averaged them per year and Mr. INHOFE. Will the Senator yield? Indian Children on reservations ...... 1 .25 took 5 into $230 billion, what would Mr. DOMENICI. Yes. Military children on post ...... 1 .0 that be? Five into $200 billion would be Mr. INHOFE. First of all, I com- Military children off post ...... 0 .1 $40 billion a year. About $46 billion to pliment the Senator on the time and Civilian children on reservation ...... 1 .0 $50 billion each year in new spending is effort he has devoted on probably the Civilian children off reservation ...... 0 .05 available under this budget resolution. most difficult subject and working out Low rent housing ...... 0 .1 If we start with the premise that ev- some of these problems. Next, the weighted student count is erything is at zero, and we add it back, I have an amendment I wish to offer. multiplied by a cost factor which re- we are going to add $230 billion over 5 I understand it is not going to be ap- flects the greater of one-half of the years, which is somewhere between $45 propriate until later on. I want to tell state average per-pupil expenditure or billion and $50 billion a year. you what it is. It is a sense of the Sen- one-half of the national average per- How much is enough? ate on fully funding impact aid. I no- pupil expenditure. The local school dis- I believe what we have just described tice that S. Con. Res. 101 does address trict provides this information to the is plenty. We can improve and enhance this. It says: U.S. Department of Education who in the accounts in our Government, such It is the sense of the Senate that levels in turn writes a check to compensate the as education, military, National Insti- this resolution assume that impact aid pro- district for the loss of revenue. tutes of Health, things we all know grams strive to reach the goal that all local In my state of Oklahoma, if the Im- should go up substantially, but we do education agencies eligible for impact aid re- pact Aid Program was fully funded, we not have to increase every single pro- ceive a minimum of 40 percent. would have received $63 million in fis- gram in Government. Now my concern would be this. In the cal year 2000 as opposed to $23 million As I said in my opening remarks, if State of Oklahoma, overall, we are at we received. That is a difference of 63 we only had the gusto and enthusiasm about 36 percent now. However, we percent. This chart shows what each to reform the discretionary accounts, have some well below that and some state would have received in fiscal year we have a litany of things the Govern- above that. In this sense of the Senate, 2000 if the program had been fully fund- ment Accounting Office says are dupli- would it be assumed that those below cation of effort. There are 342 different ed versus what they receive through 40 percent would be raised to 40 percent the formula. As you can see all states programs spread in five Departments but not that those who are above it for economic development. These do better with full funding and 35 would be reduced to 40 percent, or some states would have their payment in- things can be put together in a way level lower than they are currently? that we will spend less, save the tax- crease by 50 percent or better. Mr. DOMENICI. The Senator is cor- I would be remiss, if I did not ac- payers dollars, and, yes, provide them rect. with some tax relief in areas such as knowledge that the appropriators have Mr. INHOFE. Mr. President, later worked very hard to increase funding the marriage penalty, affordable edu- today, I will introduce an amendment cation, patients’ rights, and a small for impact aid. In fact, in each year to the budget resolution concerning since fiscal year 1995, there has been an business package. If you add those up, impact aid. It is a sense-of-the-Senate nobody thinks those are the wrong increase in impact aid. resolution and is very straight forward, However, I believe we need to realize things to do. Everybody thinks they it simply recognizes the importance of how not fully funding this program are on the right track. We make room impact aid and states that it should be hurts local school districts. When this for the Finance Committee here and fully funded. Now, I realize that there the Ways and Means Committee in the program is not fully funded, the federal are too few dollars chasing many wor- shortfall has to be made up with local House to do it. thy programs, but impact aid is a I will comment just for a moment on dollars which means that projects that promise, that we, the federal govern- Medicare. In this budget resolution, we would have been undertaken have to be ment, have made to the states. I behave $40 billion for Medicare reform postponed. My staff has done a little lieve we should live up to our obliga- and prescription drugs. The President research into what type of spending is tion and fully fund this program. wants to make a political issue out of postponed. What they found is very For those colleagues who are unfa- Medicare. I think with this budget res- telling of the type of pressure the fed- miliar with impact aid, allow me to olution he is finished. The President eral government is putting on our briefly describe the program. It is one cut Medicare by knocking down the schools because we fail to fulfill our of the oldest federal education pro- providers. Then the net amount he pro- obligation to them. For instance, the vided for Medicare prescription bene- grams, dating from the 1950’s, and is consequences of not fully funding im- fits and reform was $15 billion. meant to compensate local school dis- pact aid means schools cannot afford Nonetheless, we will hear them say tricts for the ‘‘substantial and con- to: we are not doing enough. I am sure tinuing financial burden’’ resulting Buy handicapped accessible buses; they will find a way to say we are not from federal activities. These activities buy classroom computers; buy com- doing enough. This budget resolution include federal ownership of certain puter upgrades; buy textbook replace- has $40 billion. It was provided by an lands as well as the enrollment in local ments/updates; hire teachers to lower amendment by Senator SNOWE of school districts of children of parents pupil teacher ratio; hire necessary staff Maine and Senator WYDEN, who co- who work and/or live on federal land. for Special Education programs; hire sponsored it, and Senator SMITH of Or- The rationale for compensation is that necessary staff for Gifted and Talented egon was a principal proponent, and it federal government activities deprive programs; provide professional develop- was accepted by the committee. There the local school district of the ability ment for staff; provide adequate build- were no negative votes. to collect property or sales taxes from ing security; provide for remedial in- Incidentally, just as an aside, while these individuals (for example, mem- structional needs; or do basic building to me it doesn’t make that much dif- bers of the Armed Forces living on maintenance. ference, the Democrat members of the military bases, or Native American Full funding of impact aid means Budget Committee offered a total sub- families living on reservations) even that local dollars that are now being stitute, and their Medicare additions though the school district is obligated used to offset lack of federal dollars were less than what is in the Repub- to provide free public education to can be used to take care of the above lican budget resolution, so I don’t their children. Thus, impact aid is de- mentioned needs. For the school dis- know that they have any room to com- signed to compensate the school district it is like getting two dollars for plain. They had $35 billion in theirs; we trict for the loss of tax revenue. every one dollar because it frees up had $40 billion. So I think we are with- If the program is fully funded, the their dollars to purchase buses, do in the parameters of getting something formula used to determine a local building maintenance or hire addi- done that is bipartisan. I hope it is led school district payment is fairly tional staff to lower pupil/teacher ra- by reform and efficiency. We should straight forward. Each child is assigned tios. not add big benefits to a program that a weight based on the type of ‘‘federal Mr. President, full funding of impact is going to run out of money until we activity’’ the family is involved in. For aid is not a luxury, it is a necessity. get some reform. example: Our schools are in a funding crisis that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2063 the federal government has created be- THE CLINTON-GORE MEDICARE PLAN actly like them. A high-tax country, cause we have failed to fulfill our com- [CBO Estimates, in billions of dollars] such as Germany, lives with 10, 11 per- mitment to them. We must compensate cent unemployment because they have them for lost revenue because of fed- 2001 2001–05 2001–10 imposed on all their employers to pay eral activity in their area that pre- Hospital Cuts ...... ¥0.4 ¥6.8 ¥21.8 for the welfare benefits of their nation. Cancer Drugs and Other Drug Cuts ...... ¥0.2 ¥1.0 ¥2.1 vents them from collecting sufficient Mecicare+Choice Health Plans ...... 0.0 ¥3.7 ¥14.5 Yet, on top of them, they have to keep property and sales taxes. This is not a FFS Selective Contracting, Etc...... 0.0 ¥1.6 ¥6.0 very large taxes. They wonder why it handout; it is an obligation by the fed- Other Provider Cuts ...... ¥0.3 ¥2.9 ¥8.3 doesn’t work. We sit over here saying, eral government to make school dis- Total Provider Cuts ...... ¥0.9 ¥16.0 ¥52.7 thank God we are not taxing like them. tricts whole. I urge my colleagues to Beneficiary Cost-Sharing ...... 0.0 ¥0.1 ¥2.2 Medicare Buy-In Proposals ...... 0.0 ¥0.1 0.2 We haven’t yet decided to impose on support this resolution and join me in Competitive Defined Benefit ...... 0.0 ¥2.1 ¥13.7 our businesses, beyond what they asking the appropriators to fully fund ought to be sustaining on their shoul- impact aid for fiscal year 2001. Mr. DOMENICI. Mr. President, I once ders so they can invest and grow. Mr. DOMENICI. Mr. President, I again say if any Senators would like to Secondly, while we declare regula- might put the importance of Senator be heard prior to our 12:30 luncheon, I tions, I think the time will come—per- INHOFE’s amendment into perspective am here to yield time to them. We haps with a new President—when we relative to the President’s budget. He won’t have amendments until after our will look carefully at the overregula- proposed to cut impact aid $136 million. respective policy and caucus lunches. tion in certain areas of the economy, We rejected that in our budget resolu- Since nobody is here, I will make a including whether environmental laws tion, and the Senator, I assume, is on couple of observations about the Amer- are reasonable or unreasonable in the floor supporting what we did and ican economy. many areas, to compare with those wanting a clarification. There are some things about the competing with us. We don’t have regu- Mr. INHOFE. Yes. If the Senator will American economy we continue to call lations that stymie small business and yield further, I do support what the phenomenal. We continue to look at stymie growth. chairman is doing. I would like to do the American production machine, It is almost impossible for small more. Impact aid is a promise; it is an which is a sum total of all the efforts business to grow in Europe as it does in obligation. We have taken things away of American workers, American busi- America because right off the bat their from the tax base that preclude States ness, American investment. Our gross rules and regulations make it prac- from financially supporting their domestic product, the sum total we tically impossible. We are very fortu- schools, and it happens that between have available, is growing and growing. nate. We have less regulation. We need our military installations and our In- It has reached a very high level of to have less of a burden of regulation if dian population and some of the unique about $9 trillion. we want to continue to prosper and ways we handle it in the State of Okla- The world looks at us and wonders grow. homa, we are impacted greatly by this how in the world are we doing this. We Last theory: Innovation and high program. don’t have very much inflation. We productivity are now natural parts of So I appreciate the fact that the Sen- have the highest level of employment the American economy. We are not ator has made an effort to stop the we have had in decades. We have an- sure how all that happened. I believe President in his budget from reducing nual growth that is still shocking the we are underestimating productivity impact aid, but I would like to do a lit- economists who were quite sure we growth because I don’t think we quite tle more if I could. could not sustain the kind of growth know how to do it in a service-oriented I thank the Senator. we have. We have Europe looking at us Mr. DOMENICI. Mr. President, I economy built on computers and mod- and saying maybe we had better get ern technology. But I believe that be- want to insert in the RECORD—because over there and invest, start buying into we speak of the President’s budget and cause of innovation, improving tech- their companies. We have a country we Medicare and, frankly, the President nology, and lowering of prices for tech- all were frightened of named Japan. talks about how much he wants to nology that productivity is growing at Many people used to come to the floor spend for prescription drugs. But hid- a very high rate. It is higher than we and say, ‘‘Why don’t we follow Japan den in the budget are cuts in the pro- are estimating it. and have a planned economy?’’ I am gram that he assumes will go toward When you add low taxes and less reg- very glad nobody chose to do that in prescription drugs and reform. ulations than our competitors have, I just want everyone to know I don’t America. And look at what happened urging that we do better in both, that believe a bipartisan committee in the to the respective competitiveness and we stick to these lower taxes by put- Senate, or the House, would approve of growth and prosperity of the two nating in a tax reduction in this bill, tax the President’s cuts in this health care tions. I wish them the best, obviously, relief that will keep us on that path, program. Hospital cuts in the cycle of but we are doing rather well. and waiting for somebody to occupy this budget for 5 years are $6.8 billion; I suggest there are three or four the Presidency that will reform our $2.1 billion is reduced in terms of what things that make this work. I think we regulatory system and continue not to is going to be allowable from cancer should look at them very carefully be- stymie employers with reference to treatment clinics and other outpatient cause what is going on in the other their workforce, mobility, and so forth, clinics providing certain kinds of drug capitalist countries and democracies in we are going to have great sustained treatments that are already covered by the world is very different. We have growth for a long time. Medicare, and a $3.7 billion reduction been committed to the proposition that I don’t choose to lay the credit on from the Medicare Choice health plans, America prospers on low taxes. Now I who did it, but it is clear that a lot of including plans in low-cost States, understand that most of us think the people are responsible. Congress has such as Oregon, New Mexico, and Min- percent of the gross domestic product done a whale of a job in the last 7 or 8 nesota. that goes to taxes is too high. There is years in reducing entitlement spending Frankly, I don’t think we are going no question that the percent of our and reducing overall expenditures of to do that. So when we put our budget gross domestic product that goes to Government. It is something of which together, we rejected that and added Federal taxes is the highest it has been we can be very proud. $40 billion in two installments, which since the Second World War. But, in es- In addition, we entered into a bipar- was the Snowe-Wyden amendment, and sence, when you compare America’s tisan agreement that balanced the I add Senator SMITH from Oregon as taxing of itself and its activities and budget, that had a very significant ef- the prime sponsors. I will submit those its people and its workers, we are a fect on lowering the cost of Govern- reductions for the RECORD. I ask unani- low-tax nation. ment over that period of time. We mous consent that they be printed in I believe if we do not continue to should stick to that and not go with the RECORD. keep it a low-tax nation but, rather, something such as the President is ask- There being no objection, the mate- succumb to a high-tax status such as ing for, to increase domestic discre- rial was ordered to be printed in the those competitors we have in the tionary spending by 14 percent, a risky RECORD, as follows: world, we are going to end up being ex- proposition, I would call it, in light of

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2064 CONGRESSIONAL RECORD — SENATE April 4, 2000 the prosperity and how we are going to Again, at 12:30 we are going to our gram, and tools to manage their own get it. caucuses. We will be ready for amend- decisions rather than waiting upon bu- What else is new? I have to say the ments at 2:15. reaucrats in Washington, DC, to make most significant new dynamic is the I yield the floor. those decisions as to what the farmer commitment on the part of the Con- Mr. President, I yield whatever time can plant and how much of each com- gress and the President not to spend the Senator from Iowa needs. modity can be planted in order to qual- the Social Security trust fund. The PRESIDING OFFICER. The Sen- ify for the farm program. I am very proud I was among the ator from Iowa. Beyond that, this budget also in- first to challenge the President by say- Mr. GRASSLEY. Mr. President, I cludes $5.5 billion of additional paying his idea of saving 62 percent of it want to address the issue of the agri- ments for the year 2002 and beyond so was inadequate; let’s save 100. I am culture function in this budget. we can help keep the promise to the very proud that I came up with the I thank Senator DOMENICI, chairman farmers that Congress made in the 1996 ‘‘lockbox’’ idea of locking away the So- of the committee, for the foresight farm bill that there would be a sound cial Security trust funds. that is represented in this budget, in safety net for the farmers throughout two respects. This is the new dynamic I believe the life of the 1996 farm bill. No. 1, for the foresight of including over the long run will keep America In 1996, we projected it would cost $43 money in the budget for the proposed prosperous because it will continue to billion for the crop-years throughout Federal Crop Insurance Program that pay down the national debt way beyond the 7-year farm bill. We anticipated already passed the Senate. Last year it what anybody ever thought we could. then a certain amount for the year 2002 passed the House. Hopefully, very As a matter of fact, if we stay on that as we did in 1999 and 1998. Because of shortly it will be sent to the President path, sometime into the second decade the lowest crop prices in 25 years, what for his signature so that by the year of this century we will totally get rid we projected in 1996 to be that safety 2001 the farmers of America will be able of the national debt. Most of that is be- net for farmers was not adequate. So in to manage their risks to a greater ex- cause of the lockbox. Most of that is 1998 there was additional money intent and be less dependent upon the po- because of the new dynamic that says jected late in the budget year and also litical whims of Washington, which don’t spend Social Security trust at the end of the crop-year. In the year sometimes is the case, and whether or funds. 1999, there was an additional amount of not there is a natural disaster. Will money at the end of the budget year We are very proud of that. We are Congress pass the disaster aid? That is and at the end of the crop-year. glad it is hugely bipartisan now. We passed to help family farmers, not only Congress was expressing its commit- take great credit in getting that start- when you have a drought but also when ment to the family farmer to keep a ed and challenging the President, who, we have floods, hurricanes, and earth- safety net and income support for for the first time this year, submitted quakes. When there is a natural dis- farmers when there were things in the a budget that does not use any of the aster, money is appropriated to help price scheme for grains beyond the con- Social Security money for general gov- people in need at that particular time. trol of the individual farmer. That ernment and, I say to my friend, Sen- Last year, Senator CONRAD of North dates strictly back to the Southeast ator GRASSLEY, the first budget of the Dakota and I were able to have money Asia crisis when exports took a down- President that recognizes the principle included in the bill anticipating the turn and to the unpredictability of four that we will not touch Social Security availability of funds in case Congress very good crop-years, bringing the low- surpluses and locks it up. We still need passed crop insurance reform. The est level of income for farmers for 1998 a vote on a lockbox because that re- House got the job done last year. The and 1999 for grains, and in some cases quires 60 votes to breach that line to Senate did not get it done until this livestock that was the lowest in 25 not use any of the money from Social year. We are building upon that $6 bil- years. Congress then put in additional Security for Government. lion which was put in last year’s budg- money in 1998 and 1999. When you add all of this up, I believe et with money through the year 2005 This budget is somewhat different. it is easy to say to Americans that we for the continuation of that program. This particular budget—again I say want to spend more. We want to give I thank Senator DOMENICI and mem- this to compliment the Senator from you more. The Government should be bers of the budget committee for the New Mexico for his foresight—includes spending more than the Republicans foresight of encouraging risk manage- $5.5 billion because we expect the same have in this budget resolution. But I ment by the American family farmer low prices for the 2002 crop-year as we believe we are on the right track. rather than relying upon the political expected in 1998 and 1999. It might turn I think when we put every penny of whims of Congress. Sometimes the out otherwise. From everything we Social Security money into the trust family farmers find themselves in that know now, that tends to be the situa- fund, and then add about $7 billion or position when there is not adequate tion. The compliment is not only for $8 billion out of the non-Social Secu- crop insurance protection. This is the $5.5 billion in this budget; it is for rity surplus, we are being cautious. We where the individual family farmer the foresight that is represented by are saying we are not going to spend makes a decision to participate. having it figured in ahead of time—not that non-Social Security surplus. We By having a better Crop Insurance at the end of the crop-year, not at the are going to also put it into the debt. Program, we hope we will not only en- end of the budget year but at the be- In closing, the next President has a courage participation by a number of ginning of the budget year and about big job—I hope it comes from our farmers but also encourage their par- the time that farmers are getting their party—because I believe he will find a ticipation at a higher level of protec- loans lined up for this crop-year and Government loaded with duplication, tion than ever before. about the time they are planting this loaded with programs that are 30 years We think this budget and the pro- crop-year so the farmers go into this old and are not the programs of today, gram that passed the Senate give en- crop-year with more certainty than and he will have to find a way to put couragement to farmers. We are trying they had in 1998 and 1999. The Congress many of those into a place they should to give one more additional tool to the would keep its commitment to make have been for a while; that is, totally farmers. That should have passed in sure there was a smooth transition and removed from the budget of the United 1996, the last time the farm bill was that there was a sound safety net for States. We will have some real prior- passed. It was a tool that was supposed farmers as promised in the 1996 farm ities that we have been discussing in to be given to farmers at that time but bill. our budget resolution talking about it was not. Everyone knows the simple common- where the American people would like So at this late stage with this budg- sense answer to prosperity in agri- to spend more money. It is not on the et, finally we are fulfilling one more culture is the ability to export. The myriad thousands of Federal programs, promise of the Congress in the 1996 only way there is going to be profit- many of which should not be around. farm bill to give farmers continuity ability in farming is through the abil- With that, if anybody would like to through a longer farm program, rather ity to export. When you are a farmer in speak, I will yield to them. than the usual 3- to 4-year farm pro- the Midwest and you produce more

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2065 than one-third for domestic produc- in Russia did not find their super- duration of that farm bill. This one is tion, you know that the only way there market shelves stocked as well as they 7 years; previous ones have been 5, 4, will be money made, the only way were in the United States of America. and 3. But, as best as we can guess there will be higher prices is if there is For the consumers who think they ahead when we pass that farm bill, we a worldwide demand and you are able are paying too much for their food, I cannot anticipate all the exigencies to export. suggest that as a percentage of their that might come about in those ensu- We talk about a safety net and about disposable income they are spending ing years. So we find Congress respond- appropriating $5.5 billion that was not less on food than any consumer in any ing to that safety net that might have anticipated when the 1996 farm bill was country in the world. Consequently, we a hole in it from time to time, to knit passed. I say that in the vein of helping do have this social contract between that hole in the safety net so we keep farmers keep things together. It is not the people of this country and the fam- our commitment to the family farmers profitability in farming. When it comes ily farmers of America to maintain a that we are not going to keep them to income of farmers, common sense safety net so there is a stability that hanging out there by themselves, dictates two sources of that income: maintains the institution of the family whether because of natural disaster or One, public money coming through the farm. The institution of the family political decisions made in some for- farm program but not guaranteeing farm is that entity that guarantees to eign country or even domestic political profitability or, two, from the private the consumer of America this supply of decisions made in this country or even sector, which basically means the abil- food that is in good quantity and in international trade decisions that are ity to export and to have those export good quality, at the lowest percentage made that are beyond the control of markets and having our Government of disposable income to pay for it of this Congress. Some of the exigencies do what it can to promote our exports any consumer in the world. are only in the hands of God. Can we I hope we make it clear in this budg- so we find foreign markets. That is anticipate all of those? No, we cannot, et that Senator DOMENICI has put to- where the profitability lies. That is whether it is under a Democrat or Re- where the American farmers want to gether that we are keeping our com- publican President, whether it is under receive their income—from the private mitment to the family farmer, making a Democrat Congress or a Republican sector and not from the public treas- sure there is an adequate supply of Congress. We have people making judg- ury. money for the safety net we promised ments, when we pass a farm bill, of However, we cannot always antici- in the 1996 farm bill. what are going to be the situations pate four good crop-years in a row to We are giving the consumer, the with weather and world economics over bring about an abundance of produc- other half of this social contract, a the next few years. We make the wisest tion and a downturn in prices. We can- guarantee of an adequate supply of decisions that can be made based on not anticipate the Southeast Asia cri- food, good quality food at a low price, the information that is available. Still, sis or other things that tend to bring and we are also giving farmers some sometimes we come up short. about a downturn. The Southeast Asia tools to manage their own businesses financial crisis brought a downturn in to a better extent through money for I do not want to hear anything about exports. That is why we have the 1996 the Crop Insurance Program so, in not having a safety net for farmers, or farm bill. That is why we have the safe- turn, they are not subject to the whims our not keeping our commitment to ty net we promised. That is why in this of each Congress, whether or not we American farmers for that safety net budget we are supplementing that by are going to appropriate the money with the anticipation that this world $5.5 billion. that ought to be appropriated to meet economy is going to turn around and For the taxpayers who are listening our commitment to be an insurer of this oversupply that has come from 4 and wondering why they would be help- last resort—in other words, appro- good crop-years—not only in the ing the family farmer, that there ought priating the right amount of money United States but worldwide, to bring to not be more control by the indi- wherever natural disasters might hap- about an oversupply—is not going to be vidual family farm manager—that is pen, whether it be earthquakes in Cali- with us all the time and we are going the farmer himself, in his productivity fornia or droughts in the middle west. to, again, pick up our exports; we are and his ability to export—I think I I hope we are not going to hear on going to, again, have somewhat normal have answered that question to some the floor of the Senate during this production. The farmer is going to get extent. Whether you have a drought or budget debate that we do not have a that profit from the marketplace that whether you have a massive amount of safety net for farmers. What do our col- is anticipated. rain that will produce in overabun- leagues think this $5.5 billion is for or All we are doing in this farm bill, as dance, the farmer is not in control. the $9 billion-some we appropriated in we did in 1998 and 1999, is keeping our When governments in Southeast Asia 1999, or the $6.5 billion additional sup- commitment that when the profit- made bad judgments as to their bank- plement we appropriated in the crop- ability in the marketplace is not there ing industry and we had the Southeast year 1998, in addition to the $43 billion Asia financial crisis and the economies that was in the 1996 farm bill, total for the Congress of the United States is in a downturn over there and we did the next 7 years? If that is not a safety going to keep its commitment—the so- not export to them, those were all net, what is a safety net? cial contract we have between the peo- things beyond the control of the indi- If somebody comes up here and says ple of this country and the family vidual family farmer—hence, a safety the present farm bill is not a very good farmer—that there is going to be a sup- net for the family farmer and con- farm bill, all they have to do is go back ply of food of a good quality, good sequently some costs to the taxpayers. to the old farm bills that were in exist- quantity, and at a price the consumer What does a person in the city or the ence from the 1930s until 1996. We saw can afford. general taxpayer get out of this con- Congress supplementing the old farm I thank the chairman of the com- tract we have with the family farmers bills because the safety net that we mittee for his commitment to the of America, this social contract? They suspected would be needed for the ensu- farmers of America I yield the floor. surely get an abundance of food so ing years of that farm bill was not ade- The PRESIDING OFFICER (Mr. when they go to the supermarket they quate. I do not want somebody to say HAGEL). The Senator from New Mexico. don’t have to worry about whether there is a big tear in the safety net for there is enough food. That is not true a farmers under the 1996 farm bill be- Mr. DOMENICI. Mr. President, I lot of places outside the United States, cause there have been big tears in farm thank Senator GRASSLEY, not only for places with malnutrition, where there bills for previous years when Congress his kind remarks but for his observa- are droughts and where they live from added funds. tions, which are totally accurate. I hand to mouth for a daily supply of The fact is, Congress uses the best think that was a very good summary of food. judgment based on what climatologists where we are, where we have been, and It used to be that in the Soviet sys- and economists can give us to make what we are trying to do in this budget tem of agriculture, and of their com- our decisions about what we ought to resolution for the farmers in this coun- mand and control economy, consumers provide in a farm bill for whatever the try.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2066 CONGRESSIONAL RECORD — SENATE April 4, 2000 I think the Senator knows. He was summarize the background of the ap- When that damage assessment was fi- here, giving this few moments of re- plicable law at this time because there nally made, they came to the conclu- flection, anticipating somebody will al- is some public concern about exactly sion that it was, in fact, classified in- ways want more, and we will be con- what is going on, why it is going on, formation. They disagreed with the De- fronted with that, even on this budget and what are the precedents. partment of Energy’s secret classifica- resolution. I thank the Senator for his Yesterday in the respected Legal tion but did classify it at the confiden- statement. I will be using it later on, Times, there was a balanced account of tial level. within the next 2 or 3 days. the request for the subpoenas and the Through all of this sequence of Senator SPECTER wants to speak. I issuance of the subpoenas, but the ac- events, the key official in the Depart- will yield to him as much time as he count, as is necessary in a relatively ment of Justice in Washington, DC, has would like from our side, if I might short publication, did not spell out in declined to be interviewed. This indi- first make two observations. detail all of the background, which I vidual is the key person who dealt with First, I wish to summarize the tax propose to do at this moment. Some of the assistant U.S. attorney in Los An- situation to which I alluded, in terms what I say on the floor of the Senate geles and who dealt with the Depart- of taxes on America imposed by gov- will be supplemented by a memoranda ment of the Navy. ernment. The total tax burden today— which I will ask to be made a part of This is, obviously, a matter of enor- that is, State and local and Federal— the RECORD. mous importance. When one combines has never been higher. Second, the Fed- The essential facts are these: The what was done with Dr. Peter Lee with eral tax burden has never been higher, oversight subcommittee is looking into what was done with Dr. Wen Ho Lee, except at the end of World War II. the plea bargain entered in the case of who is now under indictment, where a man named Dr. Peter Lee in 1998. Dr. Those who talk about rates and who the Attorney General of the United Lee had confessed to two very serious pays and talk about the article that States admitted she did not follow up instances of espionage. In 1985, Dr. Lee was in the Washington Post a few days on an FBI request for a warrant under provided to the scientists of the Peo- ago, ignore some things about middle- the Foreign Surveillance Intelligence ple’s Republic of China information income Americans I will address later. Act but delegated it to a subordinate about nuclear energy. In 1997, Dr. Lee But actually the total amount of who had no experience in the field. At- again provided to scientists of the Peo- money the Federal Government takes, torney General Reno failed to follow up ple’s Republic of China information as a portion of the productivity of on it, and in fact the FBI let the mat- about detecting submarines. America, has never been higher since When the matter moved through the ter lie dormant for 16 to 17 months, and the Second World War as a percent of process between the assistant U.S. at- when you add to that other plea bar- the gross domestic product. torney in California to the Department gains in the Department of Justice on Third, the U.S. is in a period of budg- of Justice, involving the Navy and the campaign contributions involving John et surpluses, which are projected to Department of Energy, there was a se- Huang, Charlie Trie, and Johnny grow, for certain over the next decade rious failure of communication. Chung, and the technology transfer to and maybe for decades beyond that. So, I interviewed the assistant U.S. at- the People’s Republic of China over the in a sense, we are beginning to define torney at length in Los Angeles on objections of the Department of Jus- the surplus. We Republicans say that February 15, and that individual told tice which was conducting a criminal except for that which is Social Secu- me—and it is a part of the record—that investigation, there is a great deal rity, some portion of the surplus he was denied permission to seek a se- which needs to be done. should go back to the taxpayer because rious charge against Dr. Lee but was Isolating and focusing for a moment it represents overpayment. When you authorized only to file a criminal com- just on the Dr. Peter Lee case, that is have an overpayment, you do not im- plaint under section 1001 of 18 U.S.C., a what we are looking at and that is why mediately run to spend the money; you false statement, but could not file seri- we have asked for the subpoenas. want to do something to recognize it is ous charges of espionage. The arguments in the Judiciary Com- more than you need. In this case, we Records of the FBI and the Depart- mittee have raised the point that this want to give some back. The President ment of Defense, which our sub- is an unprecedented event, but that in has a difficult time even recognizing committee has uncovered after labo- fact is not true. The Congressional Re- that in his budget. He cannot find a rious, painstaking efforts, disclose that search Service summarized this issue way, in a bona fide manner, to support the Department of Justice was pre- as follows, and I will be submitting a a tax cut for the American people. He pared to authorize a prosecution under memorandum which has a fuller cita- talks about cuts but he raises taxes 794, which is a serious espionage stat- tion of authority: more than he cuts. He cannot seem to ute which carries a penalty of up to life In the majority of instances reviewed, the come to the conclusion that a little in prison or the death penalty. I am testimony of subordinate DOJ employees, piece of that surplus should go back to not suggesting the death penalty was such as line attorneys and FBI field agents, the American people. appropriate or life in prison was appro- was taken formally or informally, and in- I yield the floor. I yield to Senator priate, but that is what was provided. cluded detailed testimony about specific instances of the Department’s failure to pros- SPECTER as much time as he desires. Those serious penalties are sometimes ecute alleged meritorious cases. The PRESIDING OFFICER. The Sen- used as leverage to get cooperation or ator from Pennsylvania. further information, something I saw This goes beyond closed cases but f in some detail when I was district at- goes to cases which are pending and torney of Philadelphia. which are currently being investigated. OVERSIGHT POWER The assistant U.S. attorney says he We have seen a repeated effort by the Mr. SPECTER. Mr. President, I have knew nothing about that. The plea bar- Department of Justice, under Attorney sought recognition to comment on a gain was entered into before there was General Reno, to use a pending inves- pending inquiry by the Judiciary sub- a damage assessment. After the dam- tigation as a roadblock to providing committee on oversight on the Depart- age assessment was completed, Depart- congressional oversight, but in fact the ment of Justice related to two sub- ment of Energy officials classified the cases are to the contrary. poenas which were issued by the full disclosures in the secret category. The The authority for these issues goes Judiciary Committee to two individ- Navy Department wrote an ambiguous back as far as Teapot Dome and ex- uals, one a former assistant U.S. attor- letter at one stage on November 14, tends as recently to last year with the ney for the Central District of Cali- 1997, a letter which was hard to under- Committee on Governmental Affairs of fornia and the second, a current em- stand because the damage assessment the Senate. In Teapot Dome, the select ployee at the Department of Justice, had not been made and, in fact, the De- committee heard testimony from here in Washington, DC. partment of the Navy and the Depart- scores of present and former attorneys The reasons for the request of the ment of Defense, did not make a dam- and agents of the Department of Jus- issuance of these subpoenas have been age assessment until requested to do so tice. Some of the cases upon which tes- set out in the public record in a variety by the Judiciary oversight sub- timony was offered were still open at of places, but I thought it useful to committee. the time.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2067 The investigation of white-collar Does the Senator have a clue as to ment of Justice, where the Attorney crime in the oil industry, an investiga- how long he is going to continue on General agreed to respond in writing as tion of the failure of the Department of this? to whether there were any ongoing in- Justice to effectively investigate and Mr. SPECTER. Mr. President, I have vestigations as to Mr. Fowler and Mr. prosecute alleged crimes, took place in an allocation of time from the man- Sullivan. She did not do so. 1979 when joint hearings were held by ager, Senator DOMENICI, for as much At the same time, in response to my the Subcommittee on Energy and time as I shall consume. questions, the Attorney General agreed Power of the House Committee on Mrs. BOXER. I think under the rules to respond in writing as to her Interstate and Foreign Commerce. At we have to be speaking about the budg- thoughts on the plea bargain of Peter that time, a Department of Justice et. Lee, specifically, the propriety of the staff attorney testified in open session The PRESIDING OFFICER. The Sen- sentence given the seriousness of the as to the reason for not going forward ator from Pennsylvania has the floor. offense. Notwithstanding this commit- with a particular criminal prosecution. Mr. SPECTER. I thank the Chair. ment, the Attorney General did not re- That is about what we are looking Mrs. BOXER addressed the Chair. spond, which has led to our very de- for here, why the prosecution did not Mr. SPECTER. Regular order, Mr. tailed inquiry in this matter. go forward, but why they settled for an President. On June 8, 1999, in a closed hearing, insufficient plea bargain which gave The PRESIDING OFFICER. The Sen- in response to my questions, Attorney Dr. Lee no jail time but only commu- ator from Pennsylvania has the floor. General Reno promised to write, No. 1, nity service, probation, and a fine. In Mrs. BOXER. Can I—— a report within a month on where the that context, the Department of Jus- Mr. SPECTER. Regular order. Department of Justice stood on pros- tice asked for only a short period of in- The PRESIDING OFFICER. I remind ecuting Wen Ho Lee, which was never carceration. It is hard to understand the Senator from California, the Sen- why that would be done when there are done; a report on the Peter Lee plea ator from Pennsylvania has the floor. bargain, which was never done; and de- documents from the FBI and the De- Mrs. BOXER. A parliamentary in- partment of Defense which say pros- tails of the Johnny Chung plea, which quiry is not in order? was never done. ecution would be authorized for a pen- The PRESIDING OFFICER. It is not For purposes of brevity, I will skip alty which carried life imprisonment in order. over requests which the Attorney Gen- or the death penalty. Mrs. BOXER. OK. In the Rocky Flats investigation in Mr. SPECTER. To respond to the in- eral committed to and did not respond 1992, the Subcommittee on Investiga- quiry of the Senator from California, I to on December 2, 1997, July 10, 1998, tions and Oversight of the House Com- intend to speak for about 5 or 6 or 7 July 23, 1998, and go to July 22, 1999, mittee on Science, Space, and Tech- more minutes. As I understand the when I wrote to the Attorney General nology took testimony from the U.S. rules, if you have the floor, and if you requesting all documents relating to attorney from the District of Colorado, have been allotted time, you can speak the 1996 Federal election campaigns an assistant U.S. attorney for the Dis- on any subject a Senator desires. and had only a staff response which trict of Colorado, a Department of Jus- As I was about to say, Mr. President, provided very little information. tice line attorney, and an FBI field on September 22, 1999, three FBI agents On September 29 of last year, I again agent. According to Congressman How- testified before the Senate Govern- wrote to the Attorney General, pursu- ard Wolpe, the Justice Department was mental Affairs Committee about the ant to the investigation by the Judici- initially uncooperative but finally details of their investigation of Charlie ary subcommittee, to request the 10 agreed to the subcommittee’s requests Trie. Those individuals appeared under pieces of intelligence information men- only after the subcommittee threat- subpoena. There have been efforts to tioned in the DOJ Inspector General ened to hold DOJ in contempt. have the subcommittee stand down on Special Report on the Handling of the In 1992, carrying through 1994, the some unspecified assurances from the FBI Intelligence Information Related House Subcommittee on Oversight and Department of Justice that a way will to the Justice Department’s Campaign Investigations conducted an extensive be found to provide the subcommittee Finance Investigation. Again, no re- investigation into the impact of De- with the information it needs. sponse. partment of Justice activities on the That is not practical under these cir- When the Judiciary Committee was effectiveness of the Environmental cumstances, where the specific subpoe- considering the subpoenas for the two Protection Agency’s criminal enforce- naed Department of Justice employee individuals on March 23—just a couple ment program. Overall, the sub- was the key link between the assistant of weeks ago—I was surprised, in the committee conducted detailed inter- U.S. attorney from California and the middle of the proceeding, to see the views with more than 40 current and Department of Defense. But I think it ranking Democrat on the Judiciary former Justice Department officials not irrelevant to comment about the Committee start to read from a letter concerning the management and oper- failure of the Department of Justice to from the assistant attorney general of ation of the Environmental Division. reply continually to requests for over- the Department of Justice. For months, Justice Department at- The letter showed a copy to Senator torneys stalled on subcommittee re- sight from the Judiciary Committee. HATCH, who had not received a copy of quests to interview DOJ line attorneys On July 15, 1998, I asked for the At- the letter. The letter made a number of and sought to deny the subcommittee torney General’s opinion as to whether references to this Senator. I was more access to numerous primary decision- there was ‘‘specific and credible’’ evi- than a little surprised to find a letter making documents as well as docu- dence of a legal violation when Mr. would be written and used in that kind ments prepared in response to the sub- Karl Jackson testified that John of an argument without the basic cour- committee’s investigation. Huang said within earshot of President On June 9 of last year, David Ryan, a William Clinton, ‘‘elections cost tesy of supplying a copy of the letter to line attorney for the Department of money, lots and lots of money, and I me. So, on March 24, I wrote to the At- Justice OIPR, Office of Intelligence am sure that every person in this room torney General asking her if she Policy and Review, testified before the will want to support the reelection of thought it was appropriate for Assist- Senate Governmental Affairs Com- President Clinton.’’ ant Attorney General Robinson not to mittee in response to a committee sub- That was stated in the White House. send me a copy of the letter, even poena. The Attorney General responded that though I was a topic of the letter and On September 22 of last year, three she would be ‘‘happy to review it with it involved a matter before the Judici- FBI field agents—— the task force and get back to you,’’ re- ary Committee where I was the prin- Mrs. BOXER. Would the Senator ferring to me. She never did so. cipal moving party. yield to me? I am so sorry to interrupt I will skip over the March 12, 1999, re- I ask unanimous consent that the him, but I am confused because I quest, which I will have printed in the full text of a memorandum from my as- thought we were supposed to be dis- RECORD in a moment, and refer now to sistant, David Brog, dated today, con- cussing the budget. We have Senators the May 15, 1999, Judiciary Committee cerning many requests of the Attorney who want to talk about the budget. hearing on oversight of the Depart- General be printed in the RECORD.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2068 CONGRESSIONAL RECORD — SENATE April 4, 2000 There being no objection, the mate- that a copy of the memorandum from FBI Congress has broad authority to conduct rial was ordered to be printed in the Director Freeh recommending appointment oversight of the Executive Branch, including RECORD, as follows: of Independent Counsel on campaign financ- the Department of Justice and the FBI. This ing reform matters be made available. No re- authority includes the ability to obtain tes- To: Senator Specter. sponse. timony and documents relating to open DOJ From: David Brog. July 23, 1998 cases, and to take testimony from subordi- Date: April 4, 2000. nate DOJ employees such as line attorneys Re: Requests made to AG Reno. You wrote to the Attorney General requesting a copy of the LaBella report recom- and investigators who have direct knowledge HEARINGS mending Independent Counsel. No response. of relevant cases. Congressional oversight July 15, 1998—Judiciary Committee Hearing— authority is succinctly set forth in a recent Oversight of the Department of Justice July 22, 1999 Congressional Research Service analysis: You wrote to the Attorney General (Sen- You asked for the Attorney General’s opin- ‘‘[A] review of congressional investigations ator Hatch signed on) requesting all docu- ion as to whether it was ‘‘specific and cred- that have implicated DOJ or DOJ investiga- ments in the Department’s possession relat- ible’’ evidence of a legal violation when Mr. tions over the past 70 years from the Palmer ing to (1) the Department’s investigation of Karl Jackson testified that Mr. Huang said Raids and Teapot Dome to Watergate and illegal activities in connection with the 1996 with earshot of President Clinton, ‘‘elections through Iran-Contra and Rocky Flats, dem- federal election campaigns, and (2) the De- cost money, lots and lots of money, and I am onstrates that DOJ has been consistently partment’s investigation of the transfer to sure that every person in this room will obliged to submit to congressional oversight, China of information relating to the U.S. nu- want to support the reelection of President regardless of whether litigation is pending, clear program. DOJ staff responded by pro- Clinton.’’ The Attorney General responded so that Congress is not delayed unduly in in- viding very little information. that she would be ‘‘happy to review it with vestigating misfeasance, malfeasance, or the task force and get back to you.’’ She did September 9, 1999 maladministration in DOJ or elsewhere. A not do so. Together with Senators Hatch and number of these inquiries spawned seminal March 12, 1999—Judiciary Committee Hearing— Torricelli, you wrote to the Attorney Gen- Supreme Court rulings that today provide Department of Justice FY2000 Budget Over- eral regarding the redactions in the tran- the legal foundation for the broad congres- sight script of the June 8 closed session hearing. sional power of inquiry. All were contentious You requested that the Attorney General The Attorney General did not respond to and involved Executive claims that com- make available to the Committee any you, but instead met separately with Sen- mittee demands for agency documents and writings, memoranda or documents which ators Hatch and Leahy on the issue. testimony were precluded on the basis of ‘‘deal with Mr. LaBella with respect to his September 29, 1999 constitutional or common law privilege or recommendations on independent counsel You wrote to the Attorney General to re- policy. . . . or whether that issue came up in any of quest the ten pieces of intelligence informa- ‘‘In the majority of instances reviewed, the the Department of Justice documents which tion mentioned in the United States Depart- testimony of subordinate DOJ employees, led to the appointment of Mr. Vega. Attor- ment of Justice, Office of Inspector General such as line attorneys and FBI field agents, ney General Reno responded that she would Special Report on the Handling of FBI Intel- was taken formally or informally, and in- be ‘‘happy to furnish you anything that I can ligence Information Related to the Justice cluded detailed testimony about specific inappropriately furnish you on any matter re- Department’s Campaign Finance Investiga- stances of the Department’s failure to pros- lating to that.’’ The Attorney General did tion (July, 1999). You further requested any ecute alleged meritorious cases. In all in- not follow up by furnishing information or analysis available to the Department of Jus- stances, investigating committees were pro- even to say that there was nothing she could tice related to the validity of the informa- vided with documents respecting open or ‘‘appropriately’’ furnish. tion and its sustainability for use in a pros- closed cases that included prosecutorial When you stated that Mr. LaBella was ecution or relevance to a plea agreement. No memoranda, FBI investigative reports, sum- quoted as saying that he did not even get a response. maries of FBI interviews, memoranda and correspondence prepared during the pend- phone call from the Justice Department that September 29, 1999 Mr. Vega was going to be nominated, the At- ency of cases, confidential instructions out- torney General responded that it was her un- You wrote a follow-up letter to the Attor- lining the procedures or guidelines to be fol- derstanding that he did, but that she would ney General regarding the documents you re- lowed for undercover operations and the sur- check and let you know. Notwithstanding quested on July 22, 1999. Again, no response. veillance and arrests of suspects, and docu- this commitment to respond, she did not do March 15, 2000 ments presented to grand juries not pro- so. Your counsel, David Brog, was invited to tected from disclosure by Rule 6(e) of the May 5, 1999—Judiciary Committee Hearing— DOJ offices to review the partially Federal Rules of Criminal Procedure, among Oversight of the Department of Justice unredacted LaBella memo which had already other similar ‘‘sensitive’’ materials. Con- The Attorney General agreed to respond in been reviewed by other members of Congress. gressional Research Report,’’—Investgative writing as to whether there were any ongo- When he arrived, he was informed that he Oversight: An Introduction to the Practice and ing investigations as to Mr. Fowler and Mr. could not review, the memo, since the new Procedure of Congressional Inquiry pp. 23–24 Sullivan. She did not do so. head of the Campaign Finance Task Force (April 7, 1995). The Attorney General agreed to respond in had to review it in order to see if further 2. Examples of prior investigations in writing as to her thoughts on the plea bar- redactions were necessary in light of some which Congress has heard testimony from gain of Peter Lee, specifically the propriety ongoing cases. subordinate DOJ employees and/or obtained of the sentence given the seriousness of the March 24, 2000 information regarding open DOJ cases. offense. Notwithstanding this commitment, You wrote to the Attorney General regard- 1. Teapot Dome—An Investigation of the Fail- the Attorney General did not respond. ing a letter from Assistant Attorney General ure of the DOJ to Prosecute Alleged Meri- June 8, 1999—Judiciary Committee Hearing— James Robinson which was sent to Senator torious Cases Closed Hearing Leahy in time for the Judiciary Committee Beginning in 1924, a Senate Select Com- In response to your questions, the Attor- executive business meeting on March 23. You mittee conducted an investigation of ney General promised to provide you with asked her for her view of whether it was ‘‘charges of misfeasance and nonfeasance in the following three things: proper for Mr. Robinson not to send you a the Department of Justice’’ in failing to 1. A report within a month on where DoJ copy of the letter even though you were a prosecute individuals involved in the Teapot stood on prosecuting WHL. topic of the letter. No response. Dome scandal. The Select Committee heard 2. A report on the Peter Lee plea bargain. Mr. SPECTER. Mr. President, I ask testimony from scores of present and former 3. Details of the Chung plea bargain. attorneys and agents of the Department of Notwithstanding this commitment, the At- unanimous consent that the full text of the Memorandum on the Senate’s Over- Justice and the FBI, who offered detailed torney General did not provide any of these testimony about specific instances of the De- items. sight Power Regarding Subordinate partment’s failure to prosecute alleged meri- LETTERS DOJ Employees and Open DOJ Cases be torious cases. Some of the cases upon which December 2, 1997 printed in the RECORD. testimony was offered were still open at the You wrote to the Attorney General re- There being no objection, the mate- time. The Committee also obtained access to questing that a copy of the Freeh memorial was ordered to be printed in the Department documentation, including pros- randum be made available to the Judiciary RECORD, as follows: ecutorial memoranda, on a wide range of and Governmental Affairs Committees. You MEMORANDUM ON THE SENATE’S OVERSIGHT matters. received a response from Attorney General POWER REGARDING SUBORDINATE DOJ EM- 2. Investigation of FBI Domestic Intelligence Reno and Director Freeh on December 8 stat- PLOYEES AND OPEN CASES Operations ing that they must decline your request. 1. Congress has broad authority to hear Beginning in 1975, the House Judiciary July 10, 1998 testimony from subordinate DOJ employees Subcommittee on Civil and Constitutional You wrote to the Attorney General reit- and to obtain information regarding open Rights held hearings on FBI domestic intel- erating your request from December 2, 1997, DOJ cases. ligence operations. At the request of the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2069 Chairman of the Judiciary Committee, the failing to receive an adequate answer from ous espionage violations by Dr. Peter General Accounting Office began a review of either the White House or the Justice De- Lee involving nuclear power and in- FBI operations in this area. In an attempt to partment, the Subcommittee declared its involving detection of submarines, to analyze current FBI practices, the GAO tention to hold the U.S. Attorney for the which there were confessions, where a chose ten FBI offices involved in varying District of Colorado in contempt. At this level of domestic intelligence activity, and point, the Department changed course and plea bargain was entered into without randomly selected 899 cases in these offices accepted an agreement which provided that: having a damage assessment and with- to review. FBI agents prepared a summary of ‘‘The Department will issue a new instruc- out having the trial attorney notified the information contained in the files of tion letter to all personnel who have reas to his authority to pursue very seri- each of the selected cases. These summaries ceived prior instructions directing them not ous charges. described the information that led to open- to answer questions concerning deliberative It is plain, in the context of what has ing the investigation, methods and sources privilege. The new letter will inform them gone on with the Department of Jus- of collecting information for the case, in- that they must answer all Subcommittee tice over the past many years in their structions from FBI headquarters, and a questions fully and truthfully, including refusal to provide information for over- brief summary of each document in the file. those which relate to internal delibera- After reviewing the summaries, GAO staff tions.’’ Ibid. sight, even after the requests were made, and even after the Attorney held interviews with the FBI agents involved 5. DOJ Influence on the EPA—A Review of DOJ with the cases, as well as the agents who pre- Environmental Crime Prosecutions General personally agreed to the re- pared the summaries. GAO later did a follow From 1992 through 1994, the House Sub- quest, that the only way to get to the up investigation in which it reviewed an ad- committee on Oversight and Investigations bottom of it is to issue subpoenas and ditional 319 cases and held interviews with conducted an extensive investigation into insist on congressional oversight so we the agents involved with these cases. the impact of Department of Justice activi- can find out why these travesties of 3. While Collar Crime in the Oil Industry—An ties on the effectiveness of the Environ- justice were carried out. Investigation of the Failure of the DOJ to mental Protection Agency’s (EPA) criminal I thank the Chair and yield the floor. Effectively Investigate and Prosecute Al- enforcement program. Overall, the Sub- f leged Crimes committee conducted detailed interviews In 1979, joint hearings were held by the with more than 40 current and former Jus- FISCAL YEAR 2001 BUDGET— Subcommittee on Energy and Power of the tice Department officials concerning the Continued House Committee on Interstate and Foreign management and operation of the Environ- Commerce and the Subcommittee on Crime mental Division and environmental criminal The PRESIDING OFFICER. The Sen- of the House Judiciary Committee to con- enforcement policies. The Subcommittee ator from North Dakota is recognized. duct an inquiry into allegations of fraudu- also reviewed hundreds of internal DOJ docu- Mr. CONRAD. Mr. President, I want lent pricing of fuel in the oil industry and ments on these matters. As the Sub- to take such time as I may consume on the failure of the Department of Energy and committee wrote in its report: the budget resolution. the Department of Justice to effectively in- ‘‘One of the most significant accomplish- The PRESIDING OFFICER. The Sen- vestigate and prosecute alleged criminality. ments of the Subcommittee’s environmental ator may proceed. A DOJ staff attorney testified in open ses- crimes investigation was its reinforcement Mr. CONRAD. Mr. President, we are sion as to the reason for not going forward of a number of important historical prece- with a particular criminal prosecution. Al- now in the very happy circumstance, as dents regarding Congressional oversight of a nation, to be on the longest economic though a civil prosecution of the same mat- the Justice Department. The Subcommittee ter was then pending, DOJ agreed to supply withstood repeated efforts to resist the exer- expansion in our country’s entire his- the committee with documents leading to cise of its Constitutional responsibilities to tory. As this headline shows from the the decision not to prosecute. oversee Executive Branch agencies. For February 1 edition of the Washington 4. Rocky Flats—A Review of a DOJ Plea Bar- months, Justice Department officials stalled Post, ‘‘Expansion Is Now Our Nation’s gain on Subcommittee requests to interview DOJ Longest.’’ This 107 months of economic In 1992, the Subcommittee on Investiga- line attorney and sought to deny Sub- growth beats the record of the 1960s. tions and Oversight of the House Committee committee access to numerous primary deci- This is a remarkable circumstance as on Science, Space, and Technology com- sion-making documents as well as docu- we meet to discuss the budget resolu- menced a review of the plea bargain settle- ments prepared in response to the Sub- committee’s investigation. However, the tion this year. The question before this ment by the Department of Justice of the body and the other body and the Presi- government’s investigation and prosecution Subcommittee ultimately obtained the of environmental crimes committed by interviews and comments it deemed nec- dent is, What is the budget policy to Rockwell International Corporation in its essary to fulfill its oversight duties in a re- pursue to keep this economic expan- capacity as manager of the Rocky Flats Nu- sponsible manner.’’—Damaging Disarray—Or- sion going? What is the best set of poli- clear Weapons Facility. The Subcommittee ganizational Breakdown and Reform in the Jus- cies we can adopt? took testimony from the United States At- tice Department’s Environmental Crimes Pro- Perhaps, to make a judgment on torney for the District of Colorado, an assist- gram, a staff report prepared for the use of those questions, we ought to refresh ant U.S. Attorney for the District of Colo- the Subcommittee on Oversight and Inves- tigations of the Committee on Energy and ourselves on the history of how we got rado, a Department of Justice line attorney to where we are. This chart shows a and an FBI field agent. It further received Commerce of the U.S. House of Representa- voluminous FBI field investigative reports tives. December, 1994. comparison of the last three adminis- and interview summaries. According to Sub- 6. Governmental Affairs Hearing re Wen Ho Lee trations with respect to the budget def- committee Chairman Howard Wolpe, the On June 9, 1999, Mr. David Ryan, a line at- icit. It shows, going back to 1981, 20 Justice Department was not initially cooper- torney at the DOJ OIPR (Office of Intel- years ago, that the deficits were rising ative and agreed to the Subcommittee’s re- ligence Policy and Review) testified before and rising dramatically, and we em- quests only after the Subcommittee threat- the Senate Governmental Affairs Committee barked on a period of not only expand- ened to hold DOJ witnesses in contempt: about details of the Department’s handling ing deficits but expanding debt in this ‘‘Our investigation was impeded by restric- of the Wen Ho Lee investigation. Mr. Ryan country—taking on enormous debt. In tions imposed by the U.S. Department of appeared in response to a Committee sub- fact, during this period, we quadrupled poena. Justice. All of the witnesses, upon written the national debt. That fundamentally instructions from the acting assistant attor- 7. Governmental Affairs Hearing re Charlie Trie threatened the economic security of ney general for the criminal division which On September 22, 1999, three FBI line were approved by the Attorney General, re- agents—Roberta Parker, Daniel Wehr, and our country. We saw, in the Bush ad- fused to answer questions concerning inter- Kevin Sheridan, testified before the Senate ministration, that the deficit abso- nal deliberations in which decisions were Governmental Affairs Committee about the lutely skyrocketed. It went from an al- made about the investigation and prosecu- details of their investigation into Charlie ready high level of $153 billion all the tion of Rockwell, the Department of Energy Trie. These agents appeared in response to way up to $290 billion. and their employees.’’—Statement of Chair- Committee subpoenas. Then President Clinton came into of- man Wolpe, October 5, 1992. Mr. SPECTER. We are in the midst of fice. In 1993, we passed a plan to reduce On September 23, the Subcommittee unani- some very serious oversight on the De- budget deficits, to start getting our fis- mously authorized Chairman Wolpe to send a partment of Justice. We have seen the cal house in order. That was a 5-year letter to President Bush asking him either to assert executive privilege for the informa- Wen Ho Lee case bungled badly by the plan. We can look at the 5 years of that tion that the Justice Department directed Department of Justice and the chances plan and we can see that each and the witnesses to withhold, or to direct those for successful prosecution placed in every year the deficit was coming down witnesses to answer such questions. After real jeopardy. We have seen very seri- and coming down quite sharply. Those

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2070 CONGRESSIONAL RECORD — SENATE April 4, 2000 were very important decisions that a position where we could pay off the It is one reason you see these head- were made in 1993. If my colleagues will national debt, completely retire the lines that the Republicans have avoid- permit me to sound a partisan note, publicly held national debt, by the year ed the vote on the Bush tax cut. They not a single Republican voted for this 2013. avoided it in the House, and they plan of reducing the budget deficit. It That is precisely what we should do avoided it in the Senate because they was a controversial plan that cut to put our country in a strong position know the Bush plan is even more spending and, yes, raised income taxes for when the baby boomers start to re- skewed than the plans they have on the wealthiest 1 percent in this tire. We all know what is going to hap- passed. The Bush plan has a much larg- country. But let’s remember what pen then. We are going to see a sub- er tax cut. There can be no question worked. It worked. It brought the defi- stantial increase in pressure on Social that his plan must raid Social Security cits down. It got our country back on Security, Medicare, and other Federal in order to add up. There is no money sound financial footing. programs. The best way to prepare for left over under his plan for further re- Then, in 1997, we passed a second that day is to grow the economy so duction of the debt. There is no money plan. This time, it was bipartisan. This that it is best positioned to take that under his plan to extend the solvency time, we worked together and it fin- burden. How can we do that? Well, cen- of Medicare. There is no money under ished the job so that we are now run- tral to doing it is to get rid of this his plan for other high priority domes- ning substantial surpluses. In fact, as debt, dump this debt. That ought to be tic needs because he is taking all the shown here in 1998, a $70 billion unified on the top priority list of every Mem- money and all the non-Social Security surplus; in 1999, there was a $124 billion ber in this Chamber. surplus and much more and giving it in unified surplus. In the year 2000, we an- That is the record—a very positive a tax cut to the wealthiest among us. ticipate a $176 billion budget surplus. record—of what has occurred. It That is the question before us as a These are surpluses, the last 2 years, doesn’t end there because not only people. What are we going to do with even counting Social Security as a sep- have we seen extraordinary periods of these forecasts of surpluses? arate trust fund. In other words, not economic growth, not only have we Let’s remember their projections are including Social Security in the cal- seen the lowest unemployment, the over an extended period of time—5 culation, we balanced 2 years ago, last lowest rate of inflation in many, many years. Many of us believe these projections will change and that they are not year, and will balance again this year. years—in fact, in decades—we have something on which we can count. So we have made enormous progress in also seen Federal spending put under control. We now see that Federal We look at the plan Mr. Bush has put this country. before all of us as a people. We can see What a difference it has made. Be- spending is at the lowest level since that over 5 years he proposes $483 bil- cause we got on a sounder financial 1966 as a share of our national income. lion in tax cuts. But we only have $171 footing, that took pressure off of inter- This is as a percentage of our gross do- billion available in non-Social Security est rates. Lower interest rates contrib- mestic product. We can see that we got surpluses. Where is the rest of the uted to making our economy more to a period back in the 1980s where Fed- money going to come from? It can only competitive. It took Government out eral spending was over 23 percent of come from one place: He is going to of the position of competing with the our gross domestic product. Look where we are now. We are down below have to raid Social Security. He is private sector for funds, so interest going to have to go back to the bad old rates came down. That made room for 19 percent and headed lower if we stay on this course. It is remarkable what days of dipping in the till on Social Se- more productive investment. What we curity. That is a profound mistake. It saw was an explosion in jobs. Over 20 has happened. If we look at what the priorities are is no wonder they have avoided votes million new jobs were created during now of the various budget resolutions on that tax cut plan on both the House this period. But the good news didn’t before us, this is what we see by way of and Senate sides. stop there. We saw the unemployment comparison. Over the next 5 years of Beyond that, the Bush proposal is un- rate drop to its lowest level in 42 years. this budget resolution, we project a fair because he is saying take 60 per- The point I am making is that we are non-Social Security surplus of $171 bil- cent of the benefit of his massive tax pursuing an economic strategy that is lion. That is based on the assumption cut and give it to the wealthiest 10 per- working. It is working well for our of no real growth in the Federal budg- cent in the country. That is his plan. country. We should not abandon it for et. That is what is called a real spend- Senator MCCAIN said it very well dur- risky schemes that some might pro- ing freeze. It adjusts for inflation, but ing his campaign. He said over and over pose. The unemployment rate is the nothing more. So over the next 5 years, again that 60 percent of the benefit in lowest in 42 years. The inflation rate is we would have $171 billion under that the Bush tax cut goes to the wealthiest at the lowest sustained level since 1965. set of assumptions—a real spending 10 percent. I even heard Senator These are facts. These tell us the eco- freeze and adjustments for inflation, MCCAIN make the statement that 36 nomic game plan and strategy we em- but no more. Our Republican friends percent of the benefit goes to the barked on in 1993 is working and work- believe we ought to use nearly all of wealthiest 1 percent. Mr. Bush has ing well. We have talked about defi- that money for a tax cut. This is the made the point over and over that cits—and, of course, the deficits are the Senate plan, a $150 billion tax cut. these surpluses belong to the American annual difference between the spending With the $18 billion in interest that people. They do not belong to the Gov- of the Federal Government and the rev- would cost, it would be a total of $168 ernment. He is exactly right about enue of the Federal Government. We billion. that. also need to talk about the national On the House side, you can see their These surpluses belong to the Amer- debt. The debt is the cumulative total plan: $223 billion, a tax cut of $150 bil- ican people. The question is, What do of the deficits. People often get con- lion, plus they have a $50 billion re- we do with them? Do we give them to fused about this question. But that is serve for a tax cut, plus the $23 billion the wealthiest among us, or do we put the difference. The deficits are the an- of interest costs that would be entailed the highest priority on taking a signifi- nual difference between spending and in that plan, for a total of $223 billion. cant chunk of those funds and pay revenue. Of course, we don’t have defi- You see that the problem with the down the people’s debt? I submit to you cits anymore. We are in surplus, very plan is they use more than the surplus the better approach is to take the sig- significant surplus. The debt is the cu- than is available. Where is the money nificant majority of these funds and mulative total of all those annual defi- going to come from? I think we all pay down our national debt. That is cits. Even that debt is starting to come know what will happen. They will be what we ought to do. That is in the down. You can see we are right here on right back to the bad old days of raid- best interests of the American people— the line, so we have turned the corner. ing the Social Security trust funds. not take the big chunk of this non-So- We are actually starting to pay down That is what they will do. That would cial Security surplus—in fact, under the national debt. That is a course we be a profound mistake. We can’t let the Bush plan take more than there is must continue. It is absolutely critical them do it. in the surplus—and hand it out to the for our economic future to keep paying That is why these votes that are to wealthiest among us. It is much better down this debt. In fact, we are now in come are so important. to pay down the people’s debt.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2071 If we look back and remember the come tax burden for a median-income her we are trying to work on a process history of what occurred, if we go back family earning $68,000 in 1999. Their tax for 5 amendments, and hers would to the 1980s when we had those massive burden has gone from 10.4 percent in probably be one of those from our side. deficits, the blue line shows the out- 1957 to 8.9 percent in 1998. This is ac- So I would rather we not proceed with lays, the expenditures of the Federal cording to the very conservative Tax any amendments for now. Government. The red line shows the Foundation. Mr. LAUTENBERG. I appreciate revenue of the Federal Government. It Mr. President and colleagues, this is that. There has to be an orderly struc- is not hard to figure out why we had the history. This is how we have gotten ture here. There are lots of Senators massive deficits. The spending line was to where we are today—by getting our who want to offer amendments and much higher than the revenue line. fiscal house in order; by cutting spend- Senators who want to just speak on the It wasn’t until 1993—we passed a 5- ing; yes, by raising revenue on the resolution itself. We will need some year plan that took down the spending wealthiest 1 percent in this country time to do that. If we can ask our line and raised the revenue line—that and lowering taxes on the vast major- Members to just hold off until an we were able to balance the budget. ity of the American people through ex- agreement has been reached, then I That is the history of what has worked. pansion of the earned-income tax; by think we will have a more orderly proc- We should stay on this course. We the $500 child care credit; lowering ess. shouldn’t go out and go on a big new taxes on the vast majority of the Mr. DOMENICI. Would Senator spending binge. We shouldn’t go out American people; and now we are in HUTCHISON like to deliver a speech and have a massive, risky tax scheme this position of being able to actually about her subject rather than offering that threatens this economic expansion retire the publicly held debt by the the amendment? She can do both, and this economic success story. Why year 2013. speak to the issue and then we can would we do that? We have a plan that Virtually every economist that has work out if hers is one of the amend- is working. We have a plan that is pro- come before us on the Budget Com- ments. We will know about that short- ducing results for this country. mittee and on the Finance Committee ly. If not, she is going to be free to As we look ahead, some say because said this is exactly what you should offer it, subject to a second-degree the revenue line has gone up that we do—make the priority paying down the amendment, of course. have the highest taxes in our country’s debt. Would the Senator want to speak to history; not true. We have the highest Alan Greenspan, the head of the Fed- the marriage penalty a little bit just as tax revenue. We don’t have the highest eral Reserve, says pay down debt first. a matter of substance for the Senate? taxes. I know that seems odd to people. ‘‘The best use of surplus is to reduce Mrs. HUTCHISON. Let me ask a How can that be? How can you have red ink, the Fed chief says.’’ question. If I started with the speech high revenue but not high taxes? The f on the marriage penalty, then Senator reason is this economic boom has gen- ONRAD would start on his speech and RECESS C erated dramatic revenue. We are in a we would be negotiating how the virtuous cycle where good fiscal policy The PRESIDING OFFICER. The time amendments are handled, is that what and good monetary policy have helped is 12:30. The agreement is the Senate the Senator is suggesting? this economy grow. And the genius of will go into recess at 12:30. Mr. LAUTENBERG. If I might, Mr. the American people has developed the Mr. LAUTENBERG. I ask unanimous President, Senator CONRAD wanted to circumstance in which our economic consent the time be extended because finish his opening remarks. Certainly expansion is extraordinary. Because we there are Senators who want to speak. we invite anybody, from either side, to have this revenue, we are in a situation The PRESIDING OFFICER. In my do that. But if we can hold off until he that has allowed us to actually reduce capacity as a Senator from Colorado, I makes his remarks, assuming he will taxes on individual taxpayers. object. be here momentarily, then we can talk Under the previous order, the Senate That is not just KENT CONRAD’s state- together about whether or not we can ment. That is a review of the Federal will now stand in recess until the hour make an agreement that would con- tax system that shows that the Federal of 2:15 p.m. stitute a specific number of amend- Thereupon, the Senate, at 12:30 p.m., tax level falls for most people. The ments, equally distributed here, so we recessed until 2:15 p.m.; whereupon, the studies show the burden now less than can begin a process of amendments. I Senate reassembled when called to 10 percent. In fact, as this newspaper would certainly like to do that. order by the Presiding Officer [Mr. story says, for all but the wealthiest Mr. DOMENICI. Senator HUTCHISON’s INHOFE]. Americans, the Federal income tax remarks, if she makes them now, would burden has ‘‘shrunk’’ to the lowest f not prejudice her coming along later, level in four decades. FISCAL YEAR 2001 BUDGET— with reference to the same subject, and Those who come out here and say we Continued offering an amendment. But I can’t as- have the highest tax ever—no, no. We The PRESIDING OFFICER. The Sen- sure her hers would be the first amend- have the best tax revenues ever. We ator from New Mexico. ment up. I am trying to work out a five have the most income ever. We don’t Mr. DOMENICI. Mr. President, might and five, so we can get on using up have the highest taxes ever. Tax rates I inquire how much time we have used some of the time on the resolution. I for individual American taxpayers up totally off the resolution? can yield to the Senator if she desires. have gone down. That is not the result The PRESIDING OFFICER. The ma- If not, I will suggest the absence of a of some study by some liberal think jority has used 1 hour, 31 minutes; the quorum call. tank. This is a result of the work of the minority, 1 hour, 23 minutes. Mrs. HUTCHISON. Mr. President, I Congressional Budget Office. This is Mr. DOMENICI. For a total of what? would love to talk for maybe 5 min- the work of the Treasury Department. The PRESIDING OFFICER. About 3 utes, prefatory, but I prefer to have my This is the work of the conservative hours. real debate on the issue come during Tax Foundation. These are their con- Mr. LAUTENBERG. It is 2 hours 54 the debate on the amendment. clusions—that tax rates have actually minutes. Mr. DOMENICI. I yield 5 minutes to gone down. Mr. DOMENICI. I understand from the Senator from Texas. Let’s look at what those studies re- the minority they want to let Senator The PRESIDING OFFICER. The Sen- veal. This is for a family of four earn- CONRAD complete his speech, and I am ator from Texas. ing $39,000 in 1999. This is according to more than willing to do that. Will he Mrs. HUTCHISON. Mr. President, the Congressional Budget Office. This be along shortly? while the negotiations are going on, I is their total tax burden for Federal in- Mr. LAUTENBERG. I am told he will will say it is my intention to offer an come taxes. You can see their Federal be. But I do not want to hold up the amendment, which would be a sense-of- income taxes have gone down from 8.3 process if there is someone on the the-Senate amendment, that we would percent to 5.4 percent from 1981 to 1999. other side who seeks recognition. eliminate the marriage tax penalty in It is not just a family earning $39,000, Mr. DOMENICI. Senator HUTCHISON this country. Certainly, the sense-of- but this is what happened to the in- has an amendment. I have indicated to the-Senate is quite short and pretty

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2072 CONGRESSIONAL RECORD — SENATE April 4, 2000 clear. The Senate would find that mar- who also works for a printing company. the last 20, 30 years than in the history riage is the foundation of American so- She works for a small business. They of the world. In fact, the distinguished ciety; that the Tax Code should not pe- have been married for 2 years and are senior Senator from New York, Mr. nalize those who choose to marry; that expecting their first child in about a MOYNIHAN, who studied these issues, a report to the Treasury Department’s month. Ayla talked to us about what said one time that in the history of the Office of Tax Analysis estimates that, this means. What it means to them is world, no nation has ever gone forward in 1999, 48 percent of married couples $1,100 they are paying to Uncle Sam in- with the kind of family breakups we will pay a marriage penalty under the stead of doing something to benefit have in America today. present system; that averages $1,400 a their first child who is almost here. We do not know what the long-term year. The sense-of-the-Senate amend- We had the two newlyweds, and then consequences are. But more and more ment will be that Congress shall pass we had an older couple who met with studies indicate that all in all, it is marriage penalty tax elimination legis- our group this morning, Lawrence and better if we have an intact family. We lation that begins a phaseout of this Brendalyn Garrison. He is a corrections have a U.S. Government policy to pe- penalty in 2001, pass marriage penalty officer at Lorton, and she is a teacher nalize marriage. That is not the right tax legislation that does not discrimi- in Fairfax County. Last year, they paid way for us to go. nate against stay-at-home spouses, and about a $600 marriage penalty. I am so thankful we are now moving consider such legislation prior to April When we talked to them about what to a vote on this piece of legislation. 15, 2000. the bill which will come up next week People are going to have to stand up We are scheduled to debate marriage would do for them, they said: Gosh, do and be counted and defend the practice penalty relief next week. It is certainly you think you could make it retro- of taxing people who decide to get mar- appropriate that we say to these people active? Because they have been married and raise a family in America. the week they are beginning to write ried for 25 years. The numbers, as the Senator from their checks to the IRS: If you are pay- These are real people with real faces Texas said, are stunning. We have a po- ing $600 more or $1,000 more or $1,400 who would get marriage penalty relief. liceman and civil servant paying $1,000 more just because you are married, Mr. President, I will stop and yield extra a year, married for 2 years; a vol- help is on the way; the Senate is com- the rest of my time to Senator SES- unteer fireman, a printer, and a small mitted to eliminating this tax. SIONS. I ask the Senator from New Mex- businessperson paying $1,100 extra per I do not even think we ought to call ico if he will allow me to take 5 extra year. it a tax cut. This is a tax correction. minutes for the Senator from Alabama. What does that mean? That is $100 a This is a correction of an inequity in The PRESIDING OFFICER. The Sen- month. That is $100 a month aftertax our code. ator’s time has expired. Does the Sen- money that could have been in their That clearly and simply is what my ator from New Mexico yield 5 minutes pockets, but the Federal Government sense-of-the-Senate amendment is. It is to the Senator from Alabama? reached in and took it out to spend on provided for in the budget resolution Mr. DOMENICI. I yield as much time programs. before us. The Senator from New Mex- as the Senator from Texas wants. I am of the belief that is wrong. What ico has provided $150 billion in this Mrs. HUTCHISON. I will be happy to can that young couple do with $100 a budget for tax relief for hard-working yield such time to the Senator from month? They can maybe start a sav- Americans. Alabama. ings account, maybe buy a new set of If one looks at the tax relief we have The PRESIDING OFFICER. The Sen- tires for their car—at least maybe a already passed in the Senate, it still ator from Alabama. couple tires each month—or put a muf- would not reach $150 billion. We passed Mr. SESSIONS. Mr. President, I fler on their car, or send their child to tax relief for Social Security recipients thank the Senator from Texas for her school with money for a project or a so people between the ages of 65 and 70 leadership in this effort, Senator ROTH program, let them go to a movie or two could work without being penalized. for his determination to make it a re- every other week. This is real money We have passed tax relief for small ality, and Senator DOMENICI for pro- for real people. I am glad we had Sen- businesspeople who are hard hit with viding us an opportunity in this budget ator HUTCHISON and others this morn- the many regulations and taxes that to try to end a penalty on marriage in ing who brought forth couples who are are put on their businesses. We have America. paying this tax to help us recognize provided tax relief for families who are The time has come. We have talked that we are dealing with a problem trying to provide enhancements for about it long enough. We have a na- that needs to end. their children’s education. Senator tional consensus to end this penalty. I I believe, and our Nation has always COVERDELL has been the lead on that have 425,000 Alabama families, 48 per- believed until recent years, that public bill which gives people the ability to cent of the married couples, who are policy does affect behavior. take tax credits and tax deductions paying excess taxes simply because What we want to do when we adopt a when they have to buy their children they got married. I know a couple who public policy position is, we want to computers, books, tutors, or enhance divorced and found they had received a ask ourselves, will this foster good be- college tuition or private school tui- $1,600 bonus by being divorced. havior or will it encourage bad behav- tion—whatever the cost is to parents, Think about that. The U.S. Govern- ior? I suggest we have a policy that is to give children the enhancement their ment is saying to married couples: If not only unfair but it is damaging to parents believe they need and that you divorce, on average you will re- our goal as a nation to affirm and en- their parents would be able to give ceive a $1,400 tax benefit. At the same courage marriage, to encourage part- from tax cuts. And we add on top of time, if you get married, you are going nership in the marital union in the those marriage penalty relief. to pay a $1,400 tax increase—unbeliev- raising of families. Taxing that is not We met with some wonderful people able in a society that is experiencing good public policy. The end of it is long this morning—real people—who are substantial social problems from the overdue. suffering from the marriage penalty. breakup of families. I am glad we will soon have a vote. I The bill that will come up next week I chair the Youth Violence Sub- do hope and pray that the vote will be has the elimination of that penalty. committee in the Judiciary Com- overwhelmingly to end this penalty. Kervin and Marsha Johnson met with mittee. We have had a lot of testimony, I thank the Chair and yield the floor. us today. Kervin is a District of Colum- and I have done a study over the years The PRESIDING OFFICER. Who bia police officer. His wife is a Federal as a prosecutor, about why crime is oc- yields time? employee. They were married last curring. Why are so many young people Mr. LAUTENBERG. Mr. President, I July. This year they will owe $1,000 involved in crime? Why is the crime yield such time as he needs to the Sen- more in taxes because they got mar- rate higher with young people than ator from Massachusetts. ried. They are newlyweds. They were among older people? The PRESIDING OFFICER. The Sen- shocked that this happened. One reason is we have an extraor- ator from Massachusetts. We also met with Eric and Ayla dinary decline in the unity of the fam- Mr. KENNEDY. Mr. President, the Hemeon. Eric is a volunteer firefighter ily. More families have broken up in budget process is our chance to set

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2073 clear priorities for America’s future. Last year, Republicans proposed a years. It is a stealth tax break strat- The budget which the Senate adopts ten-year budget to the Congress. They egy, and it cannot stand the light of this week will say a great deal about did so because using 10-year numbers public debate. the values of those who vote for it. Our enabled them to emphasize how large Defenders of the budget resolution vote on this budget will emphasize their proposed tax cut was—$792 bil- contend that it does not mandate the what each of us supports. It is easy to lion. It demonstrated how rapidly the form which the tax cut will take, and pay lip service to meeting the Nation’s size of their tax cut would grow—from it is wrong to claim that the tax cuts unmet needs, but are we willing to al- $156 billion in the first 5 years, to $635 will disproportionately benefit the locate resources in a manner that will billion in the second 5 years—or more wealthiest taxpayers. That argument is effectively address those needs? than four times as much revenue. truly disingenuous. It asks us to ignore This is a time of unparalleled pros- But the Republicans badly miscalcu- the abundant evidence provided by the perity. Both the CBO and OMB project lated the reaction of the American peo- recent history of Republican tax cut budget surpluses far into the future. ple. By large margins, the public proposals. Let us look at the record. We will never have a greater oppor- agreed that the tax cut was far too Last year, Republicans passed their tunity to meet America’s unmet needs large, because it would harm the econ- ill-fated $800 billion tax cut. Under that than we have today—to improve the omy and make it impossible for us to legislation, 81 percent of the tax bene- quality of education for all children; to achieve the priority national invest- fits would have gone to the wealthiest strengthen Social Security and Medi- ments needed to keep our economy and 20 percent of taxpayers. The richest 1 care in a way that will provide a secure the country strong for the future. percent of taxpayers—those with in- and healthy retirement for future gen- The American people consistently comes averaging $800,000 a year—would erations, as well as a prescription drug said that Congress should use the sur- have received 41 percent of the total benefit; to provide access to good plus to put Social Security and Medi- tax benefits, a tax saving of as much as health care for millions of uninsured care on a sound financial footing, be- $46,000 a year. In stark contrast, work- families; to make communities safer fore acting on large tax cuts. In fact, ing families comprising 60 percent of by keeping guns out of the wrong the American people displayed a great taxpayers would have shared less than hands, and by increasing the number of deal more common sense than the Re- 8.5 percent of the tax savings, an aver- police officers on our streets; and to ex- publican leadership. age tax cut of only $138 a year. pand scientific research to keep Amer- This year, Congressional Republicans The Republican Presidential nomi- ica on the cutting edge of progress. have responded to these concerns by nee, Governor George W. Bush, tells us These are the great challenges of our using a 5-year projection instead of a his tax cut is designed to ‘‘take down time. Unfortunately, the budget pre- 10-year projection. By considering only the toll booth on the road to the mid- sented by the Republican majority does the first 5 years, they hope to conceal dle class.’’ However, 73 percent of the not meet those challenges. It would ac- the true magnitude of their tax cut overall tax benefits in his massive tax tually cut spending on domestic discre- scheme. Rather than reducing the size cut proposal—$1,8 trillion over 10 tionary programs by more than 6 per- of their tax cut, they are simply at- years—would go to the wealthiest 20 cent, by well over $100 billion over the tempting to change the terms of the percent of taxpayers—37 percent of the next 5 years. debate from 10 years to 5 years. But tax breaks would go to the richest 1 These cuts are far from necessary to this Republican accounting gimmick percent of taxpayers. That ‘‘toll booth’’ curb uncontrolled Federal spending or won’t work. The GOP tax cuts being Governor Bush loves to talk about is to reduce inflationary pressure on the proposed this year are just as large, if on a highway most Americans never economy. In fact, even according to the not larger, than last year. The Repub- travel. Just 11 percent of the tax bene- Senate Budget Committee, and its Re- lican strategy is now to enact a stealth fits under the Bush plan would go to publican staff, the amount provided for tax cut, concealing its true long-term the less affluent 60 percent of working nondefense discretionary spending as a cost from the public. men and women. percentage of GNP is the lowest share How do we know their intent, since This year, congressional Republicans for this category since such statistics the budget is silent beyond fiscal year have rushed to pass tax cut proposals have been compiled. 2005? Consider the tax cut plans which before the budget is even adopted. We are already spending less on do- the Republicans have already brought These tax cuts have already consumed mestic discretionary programs as a to the floor this year. The House $115 billion of the surplus over the next percent of GNP than we ever have be- version of marriage penalty relief 5 years and $443 billion over 10 years. fore. So why do our Republican friends would cost $51 billion over the first 5 The Marriage Penalty Relief Act propose more drastic reductions? The answer is, so they can provide more tax years—but rises sharply to $182 billion passed by the House would cost $182 cuts for the wealthy. over 10 years. The plan produced by billion over 10 years, and 77.8 percent of The Republican budget would use up Senate Republicans would cost $70 bil- the tax benefits would go to the most essentially the entire surplus with ex- lion over 5 years, and dramatically in- affluent 20 percent of taxpayers. The travagant tax cuts, primarily bene- creases to $248 billion over 10 years. Senate version reported out of the Fi- fiting the wealthiest individuals and The Senate tax package attached to nance Committee last week would cost corporations in our society. the minimum wage legislation costs $18 even more, $248 billion over 10 years, CBO projects an on-budget surplus billion over the first 5 years—but grows and gives an even larger share of the over the next 5 years of $171 billion. to $76 billion over 10 years. The annual tax savaings—78.3 percent—to the The proposed GOP budget would use all cost by the 10th year would be nearly wealthiest taxpayers. In both bills, the but $3 billion of that total amount to as large as the cost over the entire first majority of the tax benefits actually go finance ill-conceived tax cut schemes. 5 years. Similarly, the House tax pack- to couples who are not even paying a They propose a minimum of $150 billion age tied to the minimum wage costs $46 marriage penalty. in tax cuts over the next 5 years. Be- billion from fiscal year 2000 to 2005— In addition, as the Republican leader- cause those tax cuts will delay repay- but $123 billion over the full 10-year pe- ship’s price for allowing a modest in- ment of the national debt, they will riod. crease in the minimum wages the cost an additional $18 billion in higher Clearly, Republicans have not aban- House recently passed a $123 billion/10- interest payments on the debt, as well. doned their plan for tax breaks costing year package of tax cuts. Eighty-nine Also, according to this GOP budget, far more than the country can afford. percent of the tax breaks in that bill if the projected surplus increases, the They are now spending the tax cuts would go to the richest 5 percent of additional amount must be used for over several bills, rather than com- taxpayers, while 90 percent of tax- even larger tax cuts. The extra amount bining them in one massive measure, payers would share less than 8.5 per- cannot be used to restore any portion and they’re attempting to limit discus- cent of the tax benefits. of the serious cuts in domestic pro- sion of the budgetary impact to the In light of this history, there is no grams. first 5 years. All of these GOP tax doubt that the benefits of any tax cut But this is only the tip of the tax-cut breaks are steeply backloaded. They passed by this Republican Congress iceberg. mushroom in cost after the first 5 will be distributed in a blatantly unfair

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2074 CONGRESSIONAL RECORD — SENATE April 4, 2000 way, and will be designed to benefit the work—and work hard—to provide for year, we will stay here as long as it richest individuals and corporations in them. takes this year to ensure that the reck- our society. This Republican budget would elimi- less and heartless cuts in this budget I support reasonable, targeted tax nate our ability to respond to these resolution do not become law. cuts that benefit low- and middle-in- grave concerns. Make no mistake This is not the first, but the fourth, come working families. But by enact- about it, the spending cuts that would time that Republicans have tried and ing tax cuts of the magnitude proposed be required to pay for these Republican failed to sacrifice domestic invest- by the Republicans, we will lose the tax breaks would have very real con- ments for tax breaks for the wealthy. best opportunity in decades to meet sequences for the Nation. So we can anticipate how they’ll at- America’s unmet needs. We will also Compared to the President’s budget, tempt to avoid the consequences of forfeit the opportunity to strengthen Republicans would force the following their actions this time. They’ll begin Social Security and Medicare for fu- cuts in the next year alone: by promising to increase funding for a ture generations of retirees. Our short- 20 million fewer meals delivered to ill few programs. They will emphasize sightedness will be justifiably con- and disabled seniors; only these increases, while neglecting demned by future generations as they 2 million fewer uninsured people with to mention the hundreds of other pro- struggle to deal with the national access to health care; grams that will be drastically cut. needs we are so irresponsibly ignoring. 1.6 million fewer children in quality OMB estimates that if Republicans The larger the tax cut, the less is afterschool programs; keep their promises to increase or hold available for debt reduction and invest- 750,000 fewer infants receiving nutri- harmless programs in elementary and ments in national priorities, such as tion supplements; secondary education, the National In- education, prescription drugs for senior 644,000 fewer at-risk students helped stitutes of Health, and veterans’ citizens, and research on energy and with college preparation; health, all other non-defense discre- health. 400,000 fewer families assisted with tionary programs will have to be cut The Republican budget shortchanges heating costs; by 10 percent. all of these priorities. Alongside their 152,000 fewer State and Federal law Another Republican gimmick used to massive tax cuts, Republicans make re- enforcement officers; conceal their harsh spending cuts is to ductions in domestic investments that 120,000 fewer housing vouchers for compare spending levels without ac- are historically unprecedented. They families in poverty; counting for inflation. Even George W. want to reduce discretionary spending 118,000 fewer dislocated workers Bush does not use this tactic. When on domestic priorities, as I mentioned, helped to reenter the workforce; candidate Bush claimed that spending by more than 6 percent in real dollars 88,000 fewer job opportunities for only increased 2.5 percent during his over the next 5 years, even though our youth; years as Texas Governor, he accounted population is growing and even though 71,000 fewer college students assisted not only for inflation, but also for pop- present funding for many programs is with Pell grants; ulation growth over this time. If Re- publicans followed this reasonable ac- already inadequate. 62,000 fewer children in Head Start; We are not talking about creating 30,000 fewer children immunized; counting method, the average domestic new programs or expanding existing 20,000 fewer elementary school teach- discretionary spending cuts required by programs. By reducing the Govern- ers hired to reduce class sizes; and Republicans under this budget resolu- ment’s ability to maintain even the 11,000 fewer public schools prepared tion would far exceed 6 percent. After Republicans finish trying to current level of services, Republicans and ready for the 21st century. convince us that their spending cuts forfeit any hope of addressing the Na- That is what happens. We talk about a percentage of cuts in existing pro- will be painless, we can expect them tion’s unmet priorities. Even in this once again to oppose waste, fraud, and time of prosperity, we are not meeting grams. When you apply those cuts to programs that are targeted for these abuse. All of us support eliminating the basic needs of large numbers of our waste, fraud, and abuse—in defense and needy groups, these figures that I have people. non-defense programs alike. But the One in five of the Nation’s children related indicate what the results will proponents of this GOP budget resolu- lives in poverty. Three out of four third be. tion are living in a fantasy world if These are only a small part of the op- graders read below grade level. Hunger they believe that preventing waste portunities that will be lost if the Re- in low-income working families has be- fraud, and abuse is going to make up publicans’ risky tax cut becomes law. come a national crisis, with food pan- for anything more than a small frac- All nondefense discretionary programs tries and soup kitchens unable to meet tion of the massive cuts in their budget will be cut by an average exceeding the the daily needs for their services. resolution. Forty-three million people have no 6 percent under the Republican plan. Thanks in large part to Vice Presi- These cuts include meat and poultry health insurance. That number is in- dent GORE’s leadership in his Rein- creasing by a million a year. The num- inspection, Superfund toxic waste venting Government Initiative, the ber of low-income renters who pay cleanups, National Science Foundation federal government is leaner, more effi- more than half of their income for research, the Coast Guard, antidrug ef- cient, and more citizen-friendly than housing or who live in dilapidated forts, NASA, National Parks, and HIV/ ever. If Republicans think they can housing has reached an all-time high— AIDS treatment and prevention. find $105 billion over 5 years in waste, a searing problem in many different Republicans have had a long history fraud, and abuse, then they should con- parts of the country. of cutting needed programs. They tried dition their tax cut on finding it. They One of the darker sides of this ex- to abolish the Department of Edu- should not condition the education or traordinary economic boom has been cation and the Department of Energy, health or other priorities on abstract, the explosion of the cost of housing, both of which are essential for address- unproved, and never-before-realized the cost of rent for working families. ing today’s urgent problems. Last savings in waste, fraud, and abuse. The need for decent, affordable housing year’s GOP resolution also called for a The party that gives us this budget for working families is prohibitive in massive cut in non-defense discre- resolution is the same party that last so many parts of America. There is tionary spending. After months of year brought us ‘‘smoke and mirrors,’’ very little in this budget that would fighting Democrats and further threats and untold numbers of accounting gim- address that particular need. of government shutdowns, the Repub- micks. The Republican bag of tricks is Low-income families are forced to licans gave up their attempt to slash doubtless full again this year, and we place thousands of children in poor- Head Start, education, worker protec- need only stay tuned to see how they quality child care while they meet tion, environment, and energy pro- can make their numbers add up to pro- their work responsibilities under the grams. In the end, Democrats suc- tect their tax breaks for the rich. welfare reform. Every State in this ceeded in protecting non-defense dis- Our Democratic alternative budget is country has long lines of working par- cretionary programs from real cuts in sharp contrast to the Republican ents who desire to have child care for last year. I want to put my Republican budget resolution. These two alter- their children while they continue to friends on notice that, just like last natives provide Americans with a clear

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2075 picture of the opposite directions that been used for excessive tax cuts, reve- is given to debt reduction—36 percent the two parties want to take the na- nues will not be there to restore fund- of the non-Social Security surplus to tion. ing for these urgent domestic pro- debt reduction; 29 percent to tax cuts; Rather than squandering the surplus grams. 23 percent to prescription drugs and on tax breaks for the rich, Democrats This type of irresponsible budget also other initiatives; 11 percent to interest continue to strengthen the basic prior- jeopardizes the Social Security sur- costs. We think those are the appro- ities to ensure that all Americans can plus. Both parties have pledged to use priate priorities for the country, the reach their full potential. Not only is the Social Security surplus solely to appropriate priorities for the Senate, this the right way to treat our fellow meet Social Security’s future needs. and the appropriate priorities for the citizens, it is the only sound policy for That is the right thing to do. But, as Congress. We very much hope that peo- strengthening the nation’s future and the events of last year amply dem- ple will give close consideration to that maintaining its world leadership. On onstrate, the Social Security surplus is alternative when it is voted on. investments in the nation’s future, the threatened when we fail to reserve suf- Let me conclude by again publicly differences between Republicans and ficient funds to adequately support do- commending the chairman of the Budg- Democrats are like night and day. mestic priorities and cover emergency et Committee, Senator DOMENICI. It is I believe that the American people needs. In fact, CBO determined last fall not easy to bring a budget resolution will support our Democratic alter- that the lock box protecting the Social to the floor. I think there is perhaps no native, and will reject the wholesale Security surplus was in danger of being more difficult job in the Senate than ravaging of domestic programs pro- broken. The threat was not eliminated bringing a budget resolution. Once posed by the Republican budget. The until January, when revenue estimates again, Senator DOMENICI has done it Democratic alternative sets forth a increased beyond earlier projections. If and he has done it under challenging more balanced and fiscally prudent we are serious about protecting the So- circumstances. It is always challenging way to allocate our resources. It pro- cial Security surplus, we should not to bring a budget resolution to the vides more for debt reduction than the consume the entire on-budget surplus floor. I commend him for his leader- Republican budget. It does not endan- in tax cuts. These massive tax cuts are ship. I also thank our ranking member, ger the Social Security surplus, by irresponsible. They do not deserve to Senator LAUTENBERG, who has given making unrealistic budget assumptions pass. extraordinary leadership to those of us which cannot be met. Mr. President, if we are serious about on the Democratic side. It provides substantial support to as- protecting the Social Security surplus, I am proud of the budget alternative sist senior citizens with the cost of pre- we should not consume the entire pro- we will offer. It is a budget that is in scription drugs, and it sets a firm date jected on-budget surplus, and these line with the priorities of the American for the Finance Committee to act on a massive tax cuts are irresponsible. people, which puts debt reduction first, prescription drug proposal. The Repub- They do not deserve to pass. The focuses on securing Social Security, lican prescription drug proposal under- Democratic alternative does. extending the solvency of Medicare, funded, and it is subject to so many Mr. President, the point I was mak- and providing for high-priority domes- contingencies that it is unlikely to ing was that virtually every economist tic needs such as defense and education ever materialize. who has come before the Budget Com- and agriculture, and that also has The Democratic budget also makes a mittee or the Finance Committee has room for tax cuts targeted to working concrete commitment to strengthening told us our highest priority in this families with an emphasis on incen- Medicare by reserving a portion of the budget ought to be to pay down the tives for savings. That is one area surplus expressly for Medicare each debt. Not only have the economists where we are not doing so well in the year. The Republican budget does not. told us that, but Chairman Greenspan, national economy. We are not doing a The Democratic budget fully funds the head of the Federal Reserve, has told good job with savings as a society. We President’s requests for education, us that clearly and unequivocally. should provide the incentive for people health care, and other domestic prior- This is from the January 27, 2000, to save more. ities, and contains his proposed in- Washington Post, Business Section. I yield the floor. I thank the Chair. I crease in defense spending. It does not The headline is: ‘‘Pay Down the Debt thank my colleagues for their cour- shortchange investment in the vital First, Greenspan Urges.’’ It reads, ‘‘He tesy. domestic programs which improve the says the best use of the surplus is to re- The PRESIDING OFFICER. Who lives of millions of Americans. While duce red ink.’’ yields time? accomplishing all of these goals, our I think the Federal Reserve Chair- The Senator from New Mexico. Democratic plan still is able to offer man has it exactly right. In this budget Mr. DOMENICI. Mr. President, al- $59 billion in tax cuts over the next 5 the Democrats will be proposing, we though we should be rotating, on our years, targeted to working families. save every penny of Social Security for side Senator GRAMS has been willing to There is no reason to threaten the Social Security. We put an emphasis have Senator BYRD go next, and then well-being of the American people by and priority on paying down the debt. Senator GRAMS, if that is all right with enacting tax cuts far larger than we We also have sufficient resources to Senator LAUTENBERG. can afford. The magnitude of the Re- protect Medicare, to provide prescrip- Mr. LAUTENBERG. I yield the republican tax cut would deprive us of tion drugs, and to make an investment mainder of my time. the flexibility we will need, if revenues in education, which I think all of us be- Mr. DOMENICI. Mr. President, if I do not meet projections due to a slow- lieve is our future. Also, we provide for may speak for 2 minutes, I don’t have ing in the economy, or if emergency a tax cut for working families. any big charts to show you, but I want spending is required to address domes- In the Democratic budget proposal, to put this up. It may be the best way tic and international crises. debt reduction is the highest priority. to explain our budget. It is very simple. The precarious balance achieved by This may come as a surprise to many. The non-Social Security surplus the Republican budget depends on a re- Debt reduction is the priority of the total for the years 2001 through 2005 is duction in the rate of spending on do- Democratic budget because this is $400 billion. That is the amount of sur- mestic programs which would be un- what will most assure our financial se- plus that will be available during the precedented. Congress will not and curity into the future. Over the 10 next 5 years, locking up Social Secu- should not cut domestic priorities that years of the Democratic budget plan, 82 rity in a lockbox. Don’t use it. That is deeply. By setting unrealistically low percent of all the projected surpluses $400 billion. spending levels, the Republicans actu- are dedicated to debt reduction; debt That $400 billion, as we see it, will be ally undermine compliance with the service is 3 percent; 14 percent is for spent using $230 billion for new spend- budget process. Just as they did last health initiatives, tax cuts, and other ing, $150 billion for tax reductions and year, members on both sides of the high-priority domestic needs. tax relief and debt reduction, with an aisle will refuse to make the deep do- Mr. President, in looking at the non- additional $20 billion to go along with mestic cuts called for by the Repub- Social Security surplus, our priorities the Social Security money. That is lican budget. If the surplus has already are as follows: Again, the top priority going toward the debt.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2076 CONGRESSIONAL RECORD — SENATE April 4, 2000 Frankly, the other side will not have creases in revenues did not materialize. That stack of $1 bills then as rep- a chart such as this because they will As a result, the Reagan-Bush Director resented by the national debt would assume we have to spend $230 billion to of the Office of Management and Budg- have been 277 miles high. In other increase every function of Government, et, David Stockman, resorted to what words, it had grown from 63 miles high by inflation, for each of the next 5 amounted to ‘‘cooking the books’’ in at the beginning of the Reagan admin- years, and that it is automatic. They the annual Reagan-Bush budgets. Mr. istration to 277 miles high at the end of don’t call that ‘‘spending,’’ they call it Stockman, I believe, was the person the Reagan-Bush administration. ‘‘automatic.’’ Everybody is entitled to who came up with the strategy, later Supporters of the Reagan and Bush that. termed ‘‘Rosy Scenario’’ to describe Administrations, over the years, have We start with a real zero. We start the fanciful budget forecasts during his attempted to lay the blame for this with no growth and say how much we service as OMB Director. massive increase in debt at the door- put back. We put back $230 billion. If As a result of those budgetary poli- step of Congress, claiming that Con- my arithmetic is right, that is about cies, rather than being able to pay gress holds the purse strings. I have $46 billion a year of new money appro- down the federal debt, or even to re- two responses. First, during the first 6 priated. duce deficit spending, the twelve of the 8 years of the Reagan Presi- In addition to what we are already Reagan-Bush years brought the Nation dency, the Republicans were in the Ma- spending to start with, we are already the largest annual deficits in its his- jority in the United States Senate. spending this amount. There is $46 bil- tory and, consequently, the Federal Second, during the entire 12 years of lion more a year for each year. That debt grew to levels that endangered the the Reagan and Bush Administrations, comes out of this surplus. Nation’s economic prosperity. only a handful of times did President We have tax relief of $150 billion, In fact, as this chart entitled ‘‘Na- Reagan veto an appropriations bill for which is only $13 billion in the first tional Debt’’ shows, on the day that containing too much funding; and year, and then we have an extra $20 bil- Mr. Reagan was sworn into office on President Bush did not do so even once. lion going on the debt. January 20, 1981, the national debt Furthermore, the total of all the ap- I think that is a pretty fair approach. stood at $932 billion. As Mr. Reagan al- propriations bills during the 12 years of In fact, Democrats keep saying they luded in his State of the Union Address the Reagan/Bush and Bush/Quayle are doing what the American people that year, it would take a 63-mile high Presidencies amounted to more than want. I think if the American people stack of one dollar bills to equal $932 $60 billion in cuts below the budget re- understand ours—and they will—they billion. quests of both Presidents. will say that is plenty of new spending; That $932 billion represented the debt Since the Presidencies of Reagan and some of this overpayment we ought to that had been accumulated through all Bush, the fiscal condition of the Nation get back. That is what we provide. of the previous administrations from has greatly improved, for a myriad of George Washington’s administration, I yield the floor. reasons. Among those are the mone- the first administration, on down The PRESIDING OFFICER (Mr. tary policies of the Federal Reserve, FRIST). The Senator from West Vir- through those years. What was the fiscal health of the Na- and the great increases in productivity ginia. of the American workforce and in our Mr. BYRD. Mr. President, it has been tion when this supply-side fiscal conservative, President Reagan left office? industries. Some of the credit, I be- said that the more things change, the lieve, can also rightly be attributed to more they stay the same. We are As shown on the chart, on January 20, 1989, the day that Mr. Reagan left of- the Federal budgetary policies of the warned by the American philosopher past several years. The deficit reduc- George Santayana (1863–1952) that, fice and Mr. Bush was sworn in to succeed him, the Nation’s debt was some tion packages of 1990, 1993, and 1997 set ‘‘those who cannot remember the past two trillion, six hundred and eighty out very stringent targets on Federal are condemned to repeat it.’’ Those three billion dollars. It took the Nation spending, which helped reduce deficits words of warning, I think, are appro- over 200 years to get to $1 trillion in to the point that in 1998, we enjoyed priate to have in mind as the Senate national debt. It took the Reagan-Bush the first unified budget surplus in 30 debates the Fiscal Year 2001 Budget Administration just 8 years to nearly years—a surplus of $69 billion. Resolution. triple the national debt—from $932 bil- Both of the latest OMB and Congres- It was less than two decades ago that lion on the day Mr. Reagan took office sional Budget Office forecasts project the Nation inaugurated a new Presi- to $2.683 trillion on the day he left of- huge federal budget surpluses far into dent, who campaigned on a pledge to fice. the future. The CBO now projects uni- cut taxes, cut federal spending except Let me say that again. From $932 bil- fied budget surpluses ranging from $3.2 for defense, and pay down the Federal lion on the day that Mr. Reagan took trillion to more than $4.2 trillion, over debt. The so-called ‘‘Reagan Revolu- office to $2.683 trillion on the day he the next 10 years, depending on spend- tion’’ was based on the supply-side eco- left office. ing levels under various scenarios. nomic ideology that massive tax cuts In other words, the stack of $1 bills, Of those 10-year surpluses, some $2.3 would generate large increases in reve- which was supposed to be 63 miles high, trillion will be generated by contribu- nues to the Federal Treasury, suffi- as Mr. Reagan spoke to a nationally tions into the Social Security Trust cient to allow a large build-up in mili- televised audience, an accumulation Fund, in excess of the payments to retary spending; while, at the same time, through all of the administrations tirees over the period of Fiscal Years balancing the Federal budget. That was prior to the Reagan administration— 2001–2010. There is virtually unanimous the blueprint—the budgetary plan of that stack of $1 bills he portrayed very agreement that any and all Social Se- the Reagan-Bush Administration. To vividly, I recall, as being 63 miles curity surpluses over the next 10 years be sure, there were those who doubted high—on the day he left office, that should go toward reducing the national that this supply-side program would stack of $1 bills would be 182 miles into debt, rather than being spent. This achieve the results that were projected the stratosphere. means that, if CBO’s projections turn in the Reagan-Bush budget. Indeed, Then, we had the Bush-Quayle Ad- out to be correct, the national debt during his campaign against Reagan ministration for the next four years. would go down by more than $2 trillion for the GOP nomination, Mr. Bush Did that Administration make progress over the next 10 fiscal years. called Reagan’s supply-side economic in reducing deficit spending and begin The question, then, is what to do plan ‘‘voodoo economics.’’ Senate Ma- to pay down the national debt? Unfor- with any remaining, or non-Social Se- jority Leader Howard Baker called the tunately, such was not the case. The curity surpluses over the next 10 years. Reagan-Bush budget blueprint a ‘‘river- national debt just kept right on going. Should we cut spending further; should boat gamble.’’ It was as if someone were feeding it we maintain spending at current levels; Despite those ominous warnings in growth hormones! The debt reached or should we increase spending? Should 1981, Congress did enact a massive tax over $4 trillion by the time Mr. Bush we use some of the non-Social Security cut, and Congress increased the mili- was voted out of office and President surpluses to pay down the debt, and tary budget. But, entitlement spending Clinton was sworn in on January 20, perhaps even eliminate the publicly continued to grow, while projected in- 1993. held debt by 2031? Or, should we enact

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2077 huge tax cuts that eat up all of the pro- Budget Resolution? As this chart appear that a lot of this rhetoric about jected non-Social Security surpluses? shows, this budget plan would increase protecting education is just that—rhet- Unfortunately, Mr. President, the spending for the military by $24 billion oric. Budget Resolution now before the Sen- above what is required to maintain Is it realistic to suggest that the Na- ate, as was the case last year, chooses current levels, over the next five years. tion’s important domestic investment the worst possible fiscal course for the For all other discretionary spending, needs will be cut by almost $20 billion Nation. This Budget Resolution pro- this budget plan would cut $105 billion, this year? Is that what we want to proposes a huge tax cut, which would or 6.5%, over the next 5 years below pose to the American people? I do not drain the Treasury of more than $150 what is needed to maintain current support any such proposition. To fol- billion over the next 5 years, and could services, adjusted for inflation. low this budget plan will mean endors- easily cost in excess of $800 billion over To get right to the point, let’s look ing large permanent tax cuts, based on the next 10 years. Combining that size at what is being proposed in this Budg- budget surplus projections which may tax cut with the resulting increase in et Resolution for Fiscal Year 2001. That or may not come to pass. If the tax interest payments on the debt that it is the fiscal year which will begin on cuts are enacted, they will be real. would cost, could drain the Treasury of October 1 of this year. This budget pro- They will be in law. But, the money to as much as $950 billion over 10 years. poses budget authority totaling $597 pay for them may be only a figment of That figure is larger than the total $893 billion for discretionary programs for the forecasters’ imaginations. The re- billion in non-Social Security sur- the upcoming fiscal year. That is a cut sult may make it a virtual certainty pluses that CBO has projected for the of $10 billion below what will be needed that this flawed budget plan would lead next 10 years. to maintain this year’s discretionary the Nation, once again, down the road What that means is that, in order to spending levels, adjusted for inflation. of annual triple-digit billion dollar pay for the tax cut in this fiscal blue- It would take $607 billion just to keep deficits. We slew that gremlin after the print, we will either have to go back to up with inflation and avoid real cuts in twelve Reagan-Bush years. Let us heed deficit spending, or raid the Social Se- discretionary spending for Fiscal Year the warning of Santayana and not con- curity Trust Fund. That is assuming 2001; only $597 billion is allowed in this demn ourselves and the American peo- the CBO projected surpluses actually budget resolution. Of that amount, ple to repeat those failed policies. Let occur. Is that likely? What has been what is allowed for Defense? The CBO the evil, bloated deficit monster sleep. the record of CBO projections in the tells us it would take $298 billion in If we follow the plan before us today, past? Have their projections been fairly budget authority to maintain this we will probably see another in a series close to what actually occurred? The year’s level of Defense spending. But, of session-ending omnibus appropria- answer is ‘‘no.’’ Not so close as to enact the Budget Resolution before the Sen- tions negotiations with the White tax cuts that would use up all of the ate would provide $307 billion—a real House. Such a process demeans the CBO projected surpluses, and then increase of $9 billion above what it Congress, elevates the Executive, and some. In fact, over the period of 1980 allows the President’s aides to sit at through 1998, the CBO projections of would take to maintain this year’s level of Defense spending, adjusted for the table and become instant appropri- revenues contained in budget resolu- ators while Congress completes its ap- tions were off by an absolute average of inflation. For all other discretionary programs, propriators’ work. That process always $38 billion per year! Over 5 years, that CBO says it would take $309 billion in reminds me of a high stakes poker is $190 billion, Similarly, the CBO’s def- budget authority to maintain this game—‘‘I’ll see your veterans’ pro- icit projections erred by an absolute year’s spending levels. This resolution grams and raise you five billion more average of $54 billion per year over the for defense.’’ Unfortunately, it is often period of 1980–1998. provides only $290 billion, a cut of $19 the American taxpayer who ends up Like last year, the tax cuts proposed billion in budget authority. Yet, at the the loser. I implore my colleagues to in this budget resolution are unwise in same time, the budget resolution prom- the extreme. The American people ises to increase funding for education, reject this Budget Resolution. Let’s get won’t buy this plan. They are not veterans’ health care, and other pop- off this treadmill to nowhere. We clamoring for tax cuts. The American ular initiatives. This means that all of should not give tax cuts with money people have learned that locking in the other unprotected programs will we don’t yet have, and may never have. huge tax cuts before the money to pay have to be cut even more in order to To do so is like writing checks before for them has materialized is just plain, accommodate the protected ones. the money is firmly in the bank. In recent testimony before the Sen- old, common, country gambling. They What does that mean in real terms? ate Special Committee on Aging, Fed- want to make sure that the money is For an example, let’s take a look at na- there before we mandate huge tax cuts. tional crime-fighting programs. Ac- eral Reserve Chairman Alan Greenspan The people don’t wont to go back into cording to the Office of Management repeated his longstanding view that, debt, with the interest charged to and Budget, the Senate Budget Resolu- ‘‘The most effective means of raising them. tion does not appear to provide any the level of future resources, in my Now, let’s turn to discretionary funds for the hiring of additional police judgment, is to allow the budget sur- spending. That’s the portion of the officers, or for community crime-pre- pluses projected in the coming years to Federal budget that is funded in the vention programs. For the Coast be used to pay down the Nation’s annual appropriations bills. Discre- Guard, this budget resolution would se- debt.’’ I agree with Mr. Greenspan in tionary appropriations amount to verely impact their ability to carry out that statement. We should adequately about one-third of the Federal budget their missions in the areas of drug invest in our Nation’s infrastructure and include spending for Defense, as interdiction, national security, and needs and use the balance of future sur- well as a wide array of domestic invest- fisheries enforcement. pluses to pay down the Federal debt, ments, including education, health, Despite claims to the contrary, fund- thereby enhancing the ability of the veterans’ medical care, highway and ing for education would be cut by more Nation to be in the position to meet airport construction, parks and recre- than $5 billion below the President’s the future needs of both Social Secu- ation, the FBI and other law enforce- request in Fiscal Year 2001. This would rity and Medicare. The American peo- ment agencies, water projects, environ- require cuts of some 62,000 children ple, I believe, recognize the wisdom of mental programs, Head Start, and the from Head Start; and it would make it such an approach. They instinctively operational costs of all of the depart- impossible to hire some 20,000 addi- realize that massive tax cuts at this ments and agencies of the Executive tional teachers for public schools or time, based on flimsy projections and Branch, as well as those of the Legisla- provide urgent repairs for some 5,000 on promises to cut spending far below tive Branch and the Judiciary. These schools across the Nation. levels that could sustain the economy are the programs that support the For Science, a reduction of this mag- into the 21st century, are precisely the physical and human infrastructure of nitude would result in more than 19,000 opposite of sound fiscal policy. The this Nation. fewer researchers; educators and stu- American people will not buy these What is being proposed for the discre- dent receiving support from the Na- Disney World policies anymore. They tionary portion of the budget in this tional Science Foundation. It would expect a fair deal in budgeting, and

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2078 CONGRESSIONAL RECORD — SENATE April 4, 2000 this Senate should, as well. To fail to A 1997 study by the Congressional Couples at the bottom end of the in- do so would amount to deja-voo-doo all Budget Office entitled For Better or come scale who incur penalties paid an over again! Worse: Marriage and the Federal In- average of nearly $800 in additional I yield the floor. I thank the distin- come Tax, estimated 21 million couples taxes which represented 8 percent of guished Senator from Minnesota for or 42 percent of couples incurred mar- their income. Eight percent, Mr. Presi- yielding to me. riage penalties in 1996. This means 42 dent. Repeal the penalty, and those Mr. GRAMS. Mr. President, I wish to million individuals paid $1,400 more in low-income families will immediately take a few minutes this afternoon to tax than if they are divorced, or were have an 8 percent increase in their in- talk, not of the budget in general but living together. It has grown to even come. They would be able to keep it to about a particular part of the budget. I more in the year 2000. spend on what their families need, wish to speak in support of the amend- But marriage penalties can run much rather than shipping it off to Wash- ment of Senator KAY BAILEY higher than that. Under the current ington. HUTCHISON of Texas. I commend her ef- tax laws, a married couple could face a It is unfair to continue marriage pen- forts and leadership on a very impor- Federal tax bill that is more than alty tax. It is time now to end it. I tant issue; that is, the marriage pen- $20,000 higher than the amount they strongly support Senator HUTCHISON of alty tax that is part of this overall would pay if they were not married. Texas and her efforts to repeal the budget. I know we are still working on This is extremely unfair. This was marriage penalty too. I yield the floor. an agreement dealing with this amend- not the intention of Congress when it The PRESIDING OFFICER. The Sen- ment but, because of other commit- created the marriage penalty tax in the ator from New Mexico. ments, I wanted to take time to come 1960s by separating tax schedules for Mr. DOMENICI. Mr. President, I to the floor and speak on this issue, the married and unmarried people. yield myself as much time as I need. marriage penalty tax, a little bit out of The marriage penalty is most unfair I was here for most of Senator BYRD’s order. I want to at least voice my to married couples who are both work- remarks. I do not choose to discuss the strong support for the issue. I support, ing, it is discriminative against low-in- history of 10, 12, or 14 years ago. That strongly, the elimination of the mar- come families and is biased against does not mean there is not a different riage penalty entirely and I believe working women. version to his well charted speech. that Congress should pass this legisla- The trend shows that more couples There is another version. tion and we should do it as quickly and under age 55 are working and the earn- All I want to talk about is right now as early as possible. There is compelling reason to repeal ings between husbands and wives are and what we plan and how we see the marriage penalty tax: The family more evenly divided since 1969. As a re- things a little differently in terms of has been and will continue to be the sult, more and more couples have re- what we are going to do with the sur- bedrock of our society. Strong families ceived, and will continue to receive, plus that does not belong to Social Se- makes strong communities; strong marriage penalties and fewer couples curity. communities make for a strong Amer- benefit under the Tax Code. Remember that we already have es- ica. We all agree that this marriage The marriage penalty creates a sec- tablished a new dynamic, and it is penalty tax treats married couples un- ond-earner bias against married women probably a very salutary one and fairly. Even President Clinton agrees under the Federal tax system. The bias maybe, as the Federal Reserve Chair- that the marriage penalty is unfair, al- occurs because the income of the sec- man has said, the most significant fis- though he said—well, we just can’t help ondary earner is stacked on top of the cal policy change if we follow through it; we need the money here in Wash- primary earner’s income. As a result, for a decade or so. That is, if all of the ington. the secondary earner’s income may be Social Security surplus goes to debt If we do not get rid of this bad tax taxed at a relatively higher marginal service, that means we do not spend it policy that discourages marriage, mil- tax rate. In many cases it even forces and the debt owed to the public that we lions of married couples will be forced the whole family budget into a higher have out there in Treasury bills that to pay more taxes simply for choosing tax bracket so the whole family faces banks have bought, that countries have to commit to a family through mar- this marriage penalty. Married women bought, that we really have to pay in- riage. are often the victims of the second- terest on every year, all this money In fact, the Tax Code contains 66 pro- earner bias. from Social Security reduces that. visions that can affect a married cou- As more and more women go to work I believe when the President sug- ple’s tax liability. today, their added incomes drive their gested we only save 62 percent of the Let me give a real example of how households into higher tax brackets. In Social Security surplus, that was the average Americans have been hit by fact, women who return to the work first time we ever invented and used the marriage penalty. Newly wedded force after raising their kids face a 50 the budget for longer than 5 years. He Alicia Jones from my state of Min- percent tax rate—not much of an in- wanted to do 10 years then. Almost ev- nesota and her husband graduated from centive to work. eryone thought: How in the world will college and had just begun working The marriage penalty tax has dis- we do 15 years, and why? I can tell my full-time 2 years ago. In 1998, Alicia couraged women from marriage. It colleagues why. and her husband both worked full time even has led some married couples to One starts with a proposition that if in professional careers. They had no get friendly divorces. They continue to we only put 62 percent of the Social Se- children and were renting an apart- live together, but save on their taxes. curity money into a fund that belongs ment, saving to buy a house. They had Repealing the marriage penalty will to Social Security, we have to tell the to pay at least an additional $1,400 for allow American families to keep an av- American people that sooner or later simply being married. As a result, on erage of $1,400 more each year of their we are going to pay all the Social Secu- top of the over $10,000 tax they already own money to pay for health insur- rity money back. It took 15 years to do paid, they had to take an additional ance, groceries, child care, or other that. It just happened almost miracu- $700 from their limited savings account family necessities. lously. So the President drew up a 15- to pay for Federal taxes—taxes that This is what we hear all the time, year budget. After the fifth year, it was they wouldn’t have had to pay if they whenever we want to cut a tax or re- pretty irrelevant. In the 7th, 10th, 14th, weren’t married.—The marriage pen- duce the tax burden on average Ameri- alty. and 15th years, it got to be speculative. She wrote to me: cans—it is a windfall for the rich. No Nevertheless, it kept showing a very one else is going to benefit. This is I am frustrated by this, I’m frustrated for big and increasing surplus. the future—how do we get ahead, when each completely false. The fact is, the elimi- I got the idea, as all of us heard the year we have to take money from our sav- nation of the injustice of the marriage 62-percent speech, why not 100 percent? ings to pay more for our taxes. I hope that penalty will primarily benefit minor- I am very proud that as to the new dy- you will remember my concern. ity, low- and middle-class families. namic to which I was just alluding, Alicia’s story is not uncommon. Studies suggest the marriage penalty that the Chairman of the Federal Re- There were 21 million American fami- hits African-Americans and lower-in- serve says is positive thinking and a lies in the same situation. come working families hardest. positive approach to the future, I said

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2079 why not 100 percent of the Social Secu- Do my colleagues know how much year of his Presidency? I would think rity fund? Then we thought up the idea the debt reduction is in the first year? one of two things is possible: It is a po- of a Social Security lockbox. Whether It is $174 billion. What is the ratio? It litical budget. He would like to make one likes the lockbox or not, it is pret- is $13 billion in debt reduction for $1 of hay out of bean for almost everything ty descriptive. We make it darn hard to tax relief. or, secondly, he really thinks that is get the money out of the lockbox. We Would the American people say: what we ought to spend. put it in there every year. That’s unfair? We ought to spend more I do not know that there is any other This budget does that again. For the of that money? We said: Over the full 5 reason in between. If he thinks it is next 5 years, it says every penny of So- years, the debt of the American people what we ought to spend, then he ought cial Security surplus goes to the debt; will be reduced by $1.1 trillion—a huge to stop saying we will not spend Social it cannot be used for anything of a gen- reduction. We put that alongside of Security money because you cannot in- eral government nature. That turns $150 billion in tax relief; and the ratio, crease the budget 14 percent a year and out to be a very large number. I will over the 5 years, is $8 in debt reduction not use Social Security money. give you the number in just a moment. for $1 in tax relief—a pretty fair ratio. What I know is, we have sound fiscal Believe it or not, for the next 5 years, The whole difference is, when you policy today for which a lot of people in addition to that big number, the sur- have $400 billion in surplus, what can take credit. There are a lot of plus that goes to Social Security, there should you do with it? Some would say: things which happened that caused it is another big number, and it is a sur- Inflate every account of Government to be this way. But it surely is not plus that does not belong in Social Se- by the rate of inflation for each of the solely and significantly because the curity. I share with the Senate and next 5 years, and don’t even worry President offered a proposal that all of with my friend, Senator BYRD, how big about that. They say: You make that his party voted for, and we did not, to the on-budget surplus is, that which automatic. raise taxes $195 billion. That happened. does not belong to Social Security. It We do not make it automatic. We add Clearly, that cannot be the singular is $400 billion over the next 5 years— back each year. As I indicated, if you item that caused this 7 years of $400 billion. did it, on average, you could almost growth. The point is, we are deciding what add $50 billion a year to a base of about In fact, we are very proud that once ought to happen to that $400 billion. $500 billion. That is the combined de- the Congress became Republican we The Democrats would say there really fense and nondefense. That is pretty started really reducing the amount of isn’t $400 billion—I am not saying good. Federal expenditures per year, year where Senator BYRD would be, but I Will it be tough? Of course, it will be after year. We made a bipartisan deal think his speech indicates this is a fair tough because in the last 5 years, the in 1997 of which we are very proud. It statement. They would say there isn’t tendency was to significantly reduce reduced all parts of Government sig- $400 billion because, each of the years, expenditures in the first 3 years of that nificantly, including some entitle- all of the accounts of Government 5 years, and then in the last 2 years to ments that we are going back and look- must grow by inflation. They say any- start spending it, maybe a 7-percent or ing at, such as Medicaid, Medicare, and thing above that—that is, $171 billion— 8-percent or 6.5-percent-per-year in- home health care. So that, plus the Federal Reserve is all that would be left over out of the crease. Board acting prudently—I do not know $400 billion if you give every account in I close by saying there is a stark dif- whether the last increases in the inter- Government an inflation increase ference between the President of the est rate are as prudent as the previous every year. United States and the Republicans. Be- ones by the Federal Reserve Board We said that is not quite what we lieve it or not, the President of the Chairman, but he and his Board de- think the American people want to United States would increase domestic serve ample credit for this fantastic measure us by. So we said: Let’s start discretionary spending in the first growth. But ultimately the growth is at zero. Let’s not have any additions, year—the year for which we are doing because we turned loose American in- and then let’s go to the $400 billion and the budget, next year—by 14 percent. novation. They changed things. They put it back in the budget and put it The 14 percent includes inflation, brought equipment and technology back in other places. What we did, I plus a whole bunch more. In fact, that into the marketplace that saves human say to my good friend, Senator BYRD, is the biggest increase since one of the effort by the thousands of hours per is we put $230 billion of that $400 billion years of President Jimmy Carter when week per business. Thus, more profit is back into the domestic and defense ac- there was super inflation. made and more pay can be made. The We say that is too much. In fact, counts. gross domestic product can grow with- That may not be enough for some, they say there is something bad about out inflation. That is where we are and who knows, the prediction that be- $150 billion in tax cuts. But I say, if today. fore we are finished it will not be there is anything that is risky, it is to We think our budget will keep us enough, I do not know about that. But spend the surplus. A 14-percent-a-year there. We think it is too risky to spend to get the votes to bring a budget to increase, if kept for 3 years, will spend more money, especially when we have the floor, there is essentially $230 bil- the entire non-Social Security surplus, provided more than adequately, with lion in new money on top of inflation and we will start using up some of the some discretion to pick and choose be- divided by 5, which is $46 billion a Social Security surplus. Just think of tween accounts of Government. year—if one does it on an average—$46 that. The approach of allowing inflation to billion that we can add to the freeze Why does the President offer $14 bil- be added to every account, and that un- and see where it turns out. lion in 1 year? In fact, I do not even less you start with that you are cut- We think it turns out with almost a think his loyal minority on the Demo- ting something, is an acknowledge- 6-percent growth in defense spending crat side has anything like a 14-percent ment that every one of the 2,800 pro- this first year and almost 4-percent increase in mind. He does because it is grams of America—some 30 years old, real growth in the appropriated ac- an election year, and you get to do it some 40 years old, some in the Edu- counts—I should say growth in each in- one time on your way out the door; the cation Department that the Presiding stance. We do that, and there is some next administration has to live with Officer has seen as duplicative, where money left over. what you have left. there are 20 or 30 of the same kind—de- Frankly, we believe that money But we decided not to do that. We deserve an increase equally and none de- ought to be looked at very carefully be- cided we would do it the way we just serve to be restrained. cause it is the American people who described: $230 billion in spending over We say many of them should be abol- are overpaying their taxes. That is why a freeze for the next 5 years, $150 bil- ished. If that is what it takes the ap- we have a surplus. We decided that lion in tax relief, and an extra $20 bil- propriators to do to live within these over the whole 5 years we would pro- lion in debt reduction besides the So- numbers, that would be pretty good for vide a tax reduction of $150 billion, cial Security money. America. spread out over 5 years. In the first Frankly, why would the President Those are my observations. I do not year, it is $13 billion. offer such a huge increase in the last know that we are going to be able to

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2080 CONGRESSIONAL RECORD — SENATE April 4, 2000 reach an agreement on amendments. able, it is not acceptable to change it pletely unspecified, just thrown in But I am going to now ask the distin- after the markup, after the contract is there. This is a catchall. But when it guished minority leader what he would signed, essentially. If a contract is has to be distributed—and it does— like to do next, and we will proceed. signed and somebody decides let’s then it will hit all of the categories for Mr. REID. I say to the manager of change the terms of the contract, that which we appropriate. I am talking the bill for the majority, our manager would be unacceptable in a business about a significant change. wishes to speak on the bill some more. structure. As a matter of fact, it would When the committee approved the Mr. DOMENICI. Sure. engender a lawsuit in very easy fashion resolution, the total for function 920, Mr. REID. Perhaps during that time if it were done in the business world. as indicated on the chart, was $4.4 bil- we can work something out as to the This was done to avoid a point of order lion in budget authority. In fact, if you order of amendments. We have already against the resolution. look at the committee report—on page worked on that. We will see what we Whenever we talk in this arcane lan- 38 and again on page 50—that is what it can do. guage around here, I believe we need to says: $4.4 billion in budget authority. The PRESIDING OFFICER. The Sen- spell it out. What we are saying to Budget authority means that which ator from New Jersey. those who don’t work here on a regular we are allowed by law to spend. That is Mr. LAUTENBERG. Mr. President, I basis is that instead of 51 votes, you what the committee approved. Now, want to take a moment for those who need 60 votes if you want to make a when we look at the resolution before may be wanting to take a look at the change. Well, in other words, if there is us, which is claimed to be the same, Budget Committee Democrats’ new a call for a waiver of the budget, it the one approved by the Budget Com- web site—I do not know how rapidly falls to one side or the other to get 51 mittee, on page 27, line 7, it says that people can write down the address, but votes, which can easily be accom- the total for function 920 is negative here it is in full colored splendor: plished by the majority because they $59.931 billion. So in the fiscal year http://budget.senate.gov/democratic. have 55 Members. But it doesn’t in- 2001—the one we are preparing the That is the address. We know people clude any of the Democrats. While budget for—the resolution includes will immediately run, in large num- none of the Democrats voted to move $59.9 billion in unspecified cuts. But bers, to see what is being said there. this bill, nevertheless we don’t give up the Budget Committee, I remind you At the site they will see a summary our proprietorship on what goes out of again, only approved $4.4 billion in of the budget resolution, the Demo- there. No Senator does. No Senator such cuts for the fiscal year beginning cratic alternative, background on the gives up their rights without respect October 1. budget process, links to other budget- for the rule. If you look at fiscal year 2002, the related information, presented on a This is not appropriate. It is a ter- same type of thing happened. The com- colorful chart. We even provide a budg- rible precedent for the Senate as a mittee approved a plan this time that et quiz for those who want to test their whole. When a bill passes out of a com- had no budget authority for function perception of what we are doing. We mittee, it must carry the same mes- 920. That means they weren’t allowing will also be maintaining a mailing list sage when it arrives on the Senate any expenditure, positive or negative— for those people who want to stay up to floor. It ought not be changed on that well, you can’t have negative expendi- date about budget matters. short trip from the Dirksen Building to Please take a look, if you will, at the tures, but reductions in the account— this building. It is called a technical in fiscal 2002. Now we have a resolution address. Once again, we will provide it modification. We saw initially that $4.4 in case people want to jot it down. I before us that has $59.729 billion in neg- billion worth of additions were going to ative budget authority—unspecified need not read it. I think it is visible. be made. When we finally got it here, it They ought to be able to contact cuts that appeared, seemingly, out of was almost a $60 billion cut from pro- thin air. Democratic Budget Committee mem- grams. It went into a catchall category bers. I thank Rock Cheung of our staff I have to ask, What is happening that can then be distributed. It was $60 here? Well, obviously, the majority is for doing such a great job in putting billion. So we are looking at something that web page together. making huge cuts in order to claim bordering on a 10-percent shift without they are abiding by the discretionary I now wish to talk about something the public, frankly, being aware of it. that has troubled me, something that, spending caps, so that they can avoid a Under the Budget Act, there is a point of order and then the need to get frankly, I do not understand. But to point of order against any budget reso- put it simply, there was a change from 60 votes. They can’t get 60 and they lution that exceeds the discretionary know that. the budget resolution—if I might have spending caps. It is very clear this I don’t criticize them for exceeding the attention of the distinguished Sen- budget resolution is intended to break the caps. But they are wrong to hide ator. those caps. In fact, it says so in section this back-room change to pretend they I want to point out the fact that 209, on page 41 of the budget resolution. are not breaking the caps. That is not there was a change from the budget I will read directly from that sub- being honest with the Senate or the resolution as passed by the committee section: by a majority vote—a change in num- American people. The functional totals with respect to dis- The fact is, under the Budget Act— bers, which is hardly allowable, and cretionary spending set forth in this concur- certainly not acceptable—after the rent resolution, if implemented, would result which I negotiated with Senator committee deliberation, after the com- in legislation which exceeds the limit on dis- DOMENICI in 1997—it is supposed to take mittee passed the bill, after the com- cretionary spending for the fiscal year set 60 votes to break the caps. That is the mittee presented it to the Senate body, out in section 251(c) of the Balanced Budget law. Yes, it gives the minority, or at as we see it now. To make a change in and Emergency Deficit Control Act of 1985. least a few of the Members of the mi- the numbers—whether it is small or That is a quote from the budget reso- nority, a little bit of leverage. It means large doesn’t matter, but the process is lution itself. In effect, it says that we the Republicans are supposed to seek not allowed, as I understand it, by vir- are breaking the caps and the spending some Democratic votes to approve tue of rule XXVI. I want to point out limits as modified in 1997. In fact, when their budget resolution. that this resolution is not the same, the Budget Committee approved this But instead of playing by the rules, and it was not only a technical change resolution, it did break the caps, just the majority today is flouting them. but, rather, it is dramatically dif- as it claimed it did. It told the truth. They are trying to have it both ways— ferent. It was changed after our mark- But a funny thing happened on the way breaking the caps, but then pretending up, after we all sat around and voted; to this forum—the difference between in the resolution that they are not some voted for it and some voted the close of the markup and arrival on doing that, all to avoid giving the mi- against it. It is a change to the tune of the floor of the Senate. As if by magic, nority a say in this resolution. I think $60 billion in lower spending in each of the spending totals were changed dra- it is wrong that we are here today con- the fiscal years 2001 and 2002. matically so that they no longer break sidering a resolution that isn’t the one There was a reason this was done, the caps. The changes were made to approved by the Budget Committee; it Mr. President. While it is understand- what we call function 920 and left com- is a different resolution.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2081 At the end of a budget markup, the Have you ever hunted quail? You THE NEED FOR TAX staff is given the right to make tech- know that they spread after you shoot. SIMPLIFICATION nical changes. That is not unusual, and They hunker down and hide and don’t Mr. HATCH. Mr. President, in less I don’t object to that. But by cutting want anybody to hear them. than two weeks, American taxpayers spending by $60 billion a year, they are They had in mind knocking this face another federal income tax dead- eliminating the prospect that this whole budget resolution out because of line. Although this year’s deadline falls could be a technical change. I know this issue right here. If we had not on a Saturday, and is thus deferred for some people around here are used to made the technical change that is in two days, the date of April 15 stabs sloughing off a few million dollars here this resolution, indeed, they would fear, anxiety, and unease into the and there. But $60 billion in a year? have made the whole thing die and we hearts of millions of Americans. Some Even here that is a large sum of wouldn’t have a budget resolution. discomfort with filing tax returns and, money. That doesn’t just sidestep the Let me tell you, their budget resolu- especially, with paying taxes, is under- rules; in my opinion, it goes over the tion would fail on the same grounds. standable and probably unavoidable. line. I am going to ask the Parliamen- The President’s would fail on the same Paying taxes will never be fun. But nei- tarian now whether or not there are grounds. And the truth of the matter is ther should it be cruel and unusual prohibitions to changing a Committee- that I sought and received, with a punishment. passed resolution or bill without con- quorum present before the final vote, But because of the complexity of our sulting the committee before it is pre- unanimous consent to make technical federal income tax system, for millions sented to the floor for consideration. of American taxpayers, completing the amendments. I asked for that. I re- The PRESIDING OFFICER. Rule forms can be sheer torture. According ceived consent. And the technical XXVI requires a quorum to report out to the Tax Foundation, American tax- changes are very clear. The language of a measure, and it is not in order to payers, including businesses, spend the chairman’s mark made it clear change a measure once reported. more than 5.4 billion hours and $250 bil- Mr. LAUTENBERG. Thank you, Mr. that the caps would be met. That is lion each year in complying with tax President. I thank the Parliamen- $540 billion, and an adjustment would laws. That works out to more than tarian. be made of nearly $60 billion. We don’t $2,400 per U.S. household. This is as- All this then, as I see it, is designed cut anything. We say the first appro- tounding, Mr. President. to deny the minority the right to par- priations bill will lift the caps, and a Last year, over 126 million individual ticipate meaningfully in this debate $60 billion fund that is in title 14 will income tax returns were filed. The and hide the facts from the American become operative. good news is that about 25 million of people. That is not untoward. It is not mak- these were filed on Forms 1040EZ or Anytime the Senator from New Mex- ing shambles of the budget process. If 1040A, which are significantly easier to ico has a question, I am happy to an- people want to know what makes a complete than Form 1040. Nearly six swer; or shall I finish what I am doing? shambles with it, I can stay here for a million more taxpayers last year filed Mr. DOMENICI. I am sure. The Sen- month and talk about it. But this isn’t over the telephone, simply by pushing ator may finish his speech. I am going one. buttons. I am pleased to note that the to make my point as to why it is in As a matter of fact, this Senator has Internal Revenue Service is making order, if the Senator from New Jersey been a very loyal supporter of getting strides in improving telefiling and also is talking about this. things done right. I am absolutely electronic filing. The bad news is, how- Mr. LAUTENBERG. Shall I finish? amazed that he would read such lan- ever, that the majority of taxpayers Mr. DOMENICI. Sure. guage from a piece of paper—that this still face filing tax forms that are far Mr. LAUTENBERG. Mr. President, I particular technical change has too complicated and take far too long am going to have more to say later wreaked havoc. to complete. about the breakdown of the budget According to the estimated prepara- process and what I consider the abuse I would like to meet with both sides tion time listed on the forms by the of the minority rights. to talk about how to fix the budget res- IRS, the 1999 Form 1040 is estimated to I personally believe the exclusion of olution. Let me tell you, we will meet take 12 hours and 51 minutes to com- the minority through the budget reso- with both sides. He can be present, and plete. This is an increase of 77 minutes lution and reconciliation process is one I will be present. We will have a list of from 1998. reason the whole budget process is in 50 items before we ever get around to Moreover, Mr. President, this does such a difficult mess, and it largely ex- technical changes that are harming the not include the estimated time to com- plains why we have these terrible train budget process. plete the accompanying schedules, wrecks and huge omnibus bills at the It is absolutely clear to everyone such as Schedule A, for itemized deduc- end of each fiscal year. what we are doing. If we were trying to tions, which carries an estimated prep- Be that as it may, I would be happy, deceive anyone and were really in some aration time of 5 hours, 39 minutes, or before I leave this place, to have a se- way cutting $60 billion out of this Schedule C, for taxpayers with a busi- ries of discussions with my colleagues budget, and in some clandestine way ness, which has an estimated time of 10 on both sides of the aisle about what we were going to do it, then I would be hours, 19 minutes. Schedule D, for re- maybe we can do to get the fiscal year here saying I did something that is un- porting capital gains and losses, shows kicked off in a proper fashion with the toward. I didn’t do that. That is not an estimated preparation time of 5 budget, and as we should do with the the case. hours 34 minutes. Budget Committee. There is no objection to this budget Even though millions of taxpayers But that is not for the moment be- resolution based upon what I did and are spared having to file the more com- cause that doesn’t have anything to do the unanimous consent that was grant- plex 1040 with its many schedules, I be- with the $60 billion per year ‘‘technical ed. There is no question about it, in my lieve the majority of Americans are in- change’’ being simply wrong. I think it opinion. I wouldn’t have done it if timidated by the sheer number of dif- is an abuse of the committee process. there were any question. ferent tax forms and their instructions, many of which they may be unsure It is not fair to the minority. Frankly, Soon I would like to suggest we get whether they need to file. Simply try- it does raise a bit of a sad commentary on to a couple of amendments. But I ing to determine that a certain form is on the whole budget process. don’t have them ready yet. So I will sit not required can itself be an over- I yield the floor. down and let the minority speak. The PRESIDING OFFICER. The Sen- whelming task, given the massive set ator from New Mexico. The PRESIDING OFFICER. The Sen- of instructions and the approximately Mr. DOMENICI. Mr. President, I am ator from Utah. 325 possible forms that individual tax- just without words about such an argu- Mr. HATCH. Mr. President, I ask payers must deal with. ment that we did something really unanimous consent to proceed as if in This is the instruction book for 1999 wrong. We did nothing wrong. The staff morning business. individual tax returns, Mr. President. of the minority had an invention in The PRESIDING OFFICER. Without It includes 116 pages, not counting the their mind. They kept it quiet. objection, it is so ordered. forms themselves.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2082 CONGRESSIONAL RECORD — SENATE April 4, 2000 It is no wonder that well over half of included, have berated the tax code and over the next two years that can dra- all taxpayers, 56 percent according to a the Internal Revenue Service, calling matically lessen the complexity and recent survey, including a large num- for both to be eliminated and replaced increase the fairness of our tax code. ber of my colleagues in the House and with a system that is much simpler. In the next few weeks, I intend to in- Senate, now hire an outside profes- Such an idea seems to be a popular one, troduce legislation that will represent sional to prepare their tax returns for judging by the applause lines I receive the ‘‘down payment’’ or first install- them. However, the fact that only 29 when I mention this concept in speech- ment of what I believe will be a signifi- percent of individuals itemize their de- es, and by the mail I have received on cant multi-year tax simplification ductions shows that a significant per- the subject. package. This first installment will in- centage of our taxpaying population I do believe that our current tax is clude a number of tax simplification believes that the tax system is too seriously flawed and that Congress, led provisions designed to make tax life complex for them to deal with, even by the President, should enact legisla- easier for each category of taxpayers, though they may qualify to file one of tion that would give the American peo- including business filers. A consider- the simpler forms. ple the tax system they deserve —one able portion of the bill will be repeal Moreover, Mr. President, this com- that is simpler, fairer, and geared to provisions. After all, repeal of a overly plexity is getting worse each year. As I the needs of our economy in the 21st complex and outdated tax provision is mentioned, just from 1998 to 1999 the Century. the ultimate reform. estimated time to prepare Form 1040 This is not an easy proposition, Mr. My tax simplification plan will be in jumped 77 minutes. Going back a few President. Nor is it one that can be three installments because I believe years, to tax year 1988, we see that the completed in a short period of time. that, for a number of reasons, trying to estimated preparation time was only 9 One major problem has been the lack of simplify the entire code in one year hours and 17 minutes, so we have an in- presidential leadership. As with so may be too large an undertaking to crease of 38 percent since 1988. The many other vital issues facing this succeed. Rather, I believe that a three- number of pages in this 1988 instruc- great country, the Clinton-Gore Ad- part plan, each containing significant, but digestible, relief for different class- tion book is only 59. So, in a matter of ministration has been AWOL on tax re- es of taxpayers, is a more practical ap- 11 years, we have nearly doubled the form—aloof without leadership. It seems that the Administration’s proach. hassle factor for our constituents. Each of these three installments will I might note, Mr. President, that the solutions to almost every societal and include a centerpiece repeal provision income tax system was not always so economic problem has boiled down to that would remove from the Internal complicated. I hold here the very first one of two things—targeted tax cuts or Revenue Code a major source of com- Form 1040, the 1913 edition. This form revenue increases. Both have had dev- plexity that, in my view, is beyond re- totaled three pages for the form and astating effects on the complexity and pair and should simply be eliminated. just one page for the instructions. But fairness of the tax code. And again, For the first installment, the provision as Congress changed the tax code over there is plenty of blame to go around to be repealed is the individual alter- for this, right here on Capitol Hill. the years, the cumulative results have native minimum tax (AMT). left us with a quagmire of tax rules But even when we have a president The individual AMT is growing out of that would challenge the wisdom of willing to show us the way to a new tax control and, if left unchecked, will be- Solomon and the genius of Einstein— system, the problems of such a monu- come a source of major complexity to not to mention the patience of Job. In mental undertaking are enormous. millions of taxpayers, most of whom it fact, the genius of Einstein might not Just the task of educating ourselves was never intended to affect. The alter- even help here. Albert Einstein himself and the taxpaying pubic on what the native minimum tax was originally es- is quoted as saying ‘‘the hardest thing effects of fundamental tax reform tablished in 1969 as a sort of backstop in the world to understand is the in- would be, and how each taxpayer would provision to ensure that sophisticated come tax.’’ be affected, is a large one indeed. taxpayers who took advantage of some As much as we in Congress would Moreover, computing the effect of of the tax code’s incentive provisions, like to blame the Internal Revenue such a change on the economy and fig- called tax preferences, paid at least Service for this mess, Mr. President, I uring out how to make a fair transition some minimum amount of tax. am afraid that we instead need to look will be truly daunting. This will be the The AMT was expanded as part of the in the mirror to see who is responsible case whether we decide to adopt a flat- 1986 Tax Reform Act, with the changes for the complexity of our tax system. tax, a consumption tax, or some hybrid taking effect in 1987. The Joint Com- After all, the Internal Revenue Code is system. Indeed, the inability of mem- mittee on Taxation estimates that our creation. And what a creation it is. bers of Congress to unite behind one re- only 140,000 individual taxpayers were According to the Congressional Re- form plan, after years of discussion, is required to pay the individual AMT search Service, the tax code last year but one indication of how difficult this that year. By 1999, that estimate had included over 2.8 million words. The job of fundamental tax reform will be. grown to 823,000 taxpayers, largely be- Holy Bible itself has only about 775,000 This is not to indicate in any way, cause the thresholds for determining words. Obviously, God did not need to Mr. President, that I shrink from or do minimum tax liability were not in- issue such copious instructions for liv- not favor the idea and need for funda- dexed for inflation. In other words, as ing as we currently have for complying mental tax reform. I am fully con- incomes grew because of inflation and with the tax laws. vinced that we, as a nation, must find other factors, more and more people Moreover, the pace of change to the a better tax system. I merely wish to found themselves subject to the AMT. Internal Revenue Code is quickening. point out that getting to that point is This is a major flaw, Mr. President, According to Charles Rossotti, Com- a long and difficult journey that, when which will bring millions of middle- missioner of Internal Revenue, Con- looked upon with a realistic eye, will class families into the net of the min- gress made about 9,500 tax code not be accomplished in the next two to imum tax over the next ten years. changes in the past twelve years. And three years under the best of cir- As serious as this problem is, a worse we are far from being finished. Cur- cumstances. I believe it will take a one also lurks in the AMT. Because of rently, there are at least 11 pending minimum of five years. structural problems with the provision, bills that have been reported by the In the meantime, what do we do? Do some of which have been temporarily House Ways and Means and Senate Fi- we simply sit on our hands and lament solved on a year-to-year basis through nance Committees that have changes the terrible tax code and wish for the 2001 only, the minimum tax serves as a to the Internal Revenue Code. In addi- day we can change things? Not in my limitation to families receiving the tion, we are talking about passing still book, Mr. President. I believe we major tax relief Congress passed in 1997 more tax bills this year. What started should take action, starting this year, in the form of the child credit and the as a trickle in 1913 has become an ava- to improve our present tax system. For education credits. If not corrected or lanche in 2000. all of the Internal Revenue Code’s repealed, this ‘‘AMT time bomb’’ will So, what is the solution, Mr. Presi- many flaws, there are numerous incre- affect 17 million taxpayers by 2010, ac- dent? Many of my colleagues, myself mental steps we can take this year and cording to the Treasury Department.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2083 Many of these taxpayers, Mr. Presi- time—a 54-line Schedule D accom- tem both fairer and simpler. In the dent, are not wealthy by any stretch of panied by two worksheets and seven meantime, we should also continue the the imagination. We are talking about pages of instructions. This is compared national debate about how to best re- middle-class American families here, to a 39-line form and just two pages of place the tax code with a new system. many struggling just to raise their instructions prior to the change. I urge my colleague to join me in this children. Let me give you an example I plan to simplify capital gains by undertaking. from this chart entitled: The Effect Of changing from the current maximum I thank the Chair. The Alternative Minimum Tax on a rate approach to a 50 percent exclusion f Middle-Class Family of Five. approach, as was the case before the FISCAL YEAR 2001 BUDGET— Todd and Mary Anderson live in Mur- 1986 Tax Reform Act repealed the cap- Resumed ray, Utah, and have three children. ital gains preference. In other words, Their oldest daughter, Sarah, is a taxpayers would be allowed to exclude The PRESIDING OFFICER (Mr. GOR- freshman in college. The younger two 50 percent of the long-term capital gain TON). The Senator from New Jersey. Mr. LAUTENBERG. Mr. President, I children, Mark and Marcia, are twins from gross income. The remaining 50 will respond to my distinguished colin the fifth grade. Todd and Mary are percent would be taxed at ordinary in- league, the chairman of the Budget both school teachers and together earn come rates. This would do away with Committee, who assailed my comments $80,000 per year. This is not a wealthy the need for a special computation on about whether or not there was some- family by any measure. the tax forms. It would also result in a thing —let me call it surreptitious; However, Mr. President, this family lower capital gains rate for every tax perhaps I even suggested that—in the will be paying at least $878 of alter- bracket, with those in the lowest tax challenge that I raised to the so-called native minimum tax beginning in 2002. brackets getting the largest rate de- point of order dispute or technical Moreover, because the AMT exemption creases. change. is not indexed for inflation, the min- My tax plan would greatly simplify Once again I read, as I did before, imum tax for the Andersons will get taxes for taxpayers in the upper-middle from the concurrent resolution on the larger each year as their income rises income and upper-income brackets by budget, page 41, line 8: because of cost of living adjustments. repealing two phaseout provisions that (a) FINDINGS.—The Senate finds the fol- Perhaps almost as aggravating for are both unwarranted and very com- lowing: this family as the higher taxes is the plex. These provisions, which phase out (1) The functional totals with respect to fact that they will need to file the al- the benefits of personal exemptions and discretionary spending set forth in this con- ternative minimum tax form with their itemized deductions for taxpayers with current resolution, if implemented, would re- annual tax return. Not only does this incomes above certain thresholds, are sult in legislation which exceeds the limit on entail mastering an 8-page set of in- nothing more than backdoor tax in- discretionary spending for fiscal year 2001 set out in section 251(c) of the Balanced Budget structions, which are estimated to re- creases Congress passed in 1990. Repeal and Emergency Deficit Control Act of 1985. quire 6 hours to learn about and com- of these provisions would make a sig- That is pretty clear; it says if we ex- plete, but also preparing a 50-line form nificant contribution to simplification. ceed the ‘‘limit on discretionary spend- along with a 10-line worksheet. Corporate taxpayers will also find ing,’’ which we do, and the Parliamen- This kind of extra complexity is sim- tax simplification provisions in this tarian confirms that because we say ply unjustified for any taxpayer, but first installment of my tax plan, Mr. the ‘‘functional total.’’ These words are more especially for families like the President, including a provision to very significant words. This is not hap- Andersons, who have nothing out of the equalize the interest rate that the IRS penstance; it is in here. ordinary about their financial situa- pays corporate taxpayers on overpay- This is not simply a technical tion. ments with the rate that companies change. They are changing the amount Mr. President, the best way to reform must pay when they owe the govern- substantially. My friend, the chairman, provisions like the individual alter- ment. Future installments of my sim- says it was approved in committee ac- native minimum tax is simply to re- plification plan will have even more tion. What was approved? The fact is, peal them. This is exactly what my bill corporate provisions. there was probably an error because would do. Finally, each of the three install- these totals do break the discretionary As I mentioned earlier, this first in- ments of my simplification plan will caps and everybody knows that based stallment of my simplification initia- include ten to fifteen smaller, yet im- on the functional totals. tive will have provisions that are de- portant, simplification provisions that, Suddenly we knock off, to use the ex- signed to simplify the tax lives of taken together, would make a signifi- pression, $60 billion when, in fact, it every group of taxpayers. Let me out- cant difference in lessening the com- was purported to be $4.4 billion. What line what the major provisions would plexity of the Internal Revenue Code. do we have? It is not a technical be and who they would benefit. American taxpayers are fed up with change. That doesn’t fit the definition For lower-income taxpayers, prob- our tax system and want to see some anymore than a $30 billion change in ably the most complex feature of the serious changes made. Like all mem- the highway spending was a technical current tax law is the earned income bers of this body, I hear from my con- change. That happened. These are not tax credit (EITC). This credit is vital stituents each day who complain about technical changes. This is the real to the livelihoods of millions of work- taxes. This has been the case since the thing. ing American families. Unfortunately, first year I was privileged to represent I challenge the Republicans again in the computation of the credit is so the State of Utah here in the Senate. the committee. I hate being on the complicated that many professional Over the years, the nature of the com- other side of the debate with my friend tax preparers do not even know how it plaints has changed, however. Years from New Mexico. He knows the sub- works. My bill does two things, Mr. ago, I mostly heard from constituents ject; however, he can make mistakes as President. First, it would significantly that taxes were too high or were un- all Members can. There is definitely an simplify the credit, and second, it fair. While I still hear plenty of com- attempt, in my view, to remove the 60- would enhance it so more low-income plaints of this nature, I have begun vote point of order in order to accom- families could take advantage of it. hearing more and more from Utahns plish their goal because there are only Besides the repeal of the alternative who are just plain sick and tired of the 55 Republicans and they can’t get 60 minimum tax, my bill will also aid complexity of our tax code. votes. They made a neat change after middle-class taxpayers by vastly sim- We need to take action now to reduce the committee finished its delibera- plifying the capital gains tax. Many of complexity. We should not wait for a tion, in the functional totals, and my constituents were thrilled in 1997 new president, nor for a groundswell of thereby abolish the 60-vote point of when Congress lowered the capital popular support for either the flat tax order. gains tax rates from 28 percent to 20 or a national consumption tax. Let’s We are not going to stand by and let percent. However, many were not as start this year, Mr. President, with a it go unnoticed whether it is com- excited when they found out what the tax simplification plan that begins the fortable or uncomfortable for the ma- new law meant come tax return filing long process of making our current sys- jority. They made the decision. We

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2084 CONGRESSIONAL RECORD — SENATE April 4, 2000 have nothing to do with how this budg- and education, in those programs that ment in education: reducing class size, et resolution is finally presented. We are so central to the American family, increasing professional development will let it rest. this budget would result in drastic re- for teachers, and giving the States re- The numbers are simple: $4.4 billion ductions in discretionary spending. At sources for more accountability. We expected to be a plus in the year 2001. least 6 percent, or $20 billion, in fiscal have, in fact, additional challenges in It has a $60 billion minus, $59.9 in 2001. year 2001 alone would be cut away from taking care of a generation of Ameri- In 2002, it goes from zero allocated for discretionary spending. We would find cans who fought in World War II and that catchall account to $59.7 billion. ourselves unable to keep up with sim- who are now coming, with increasing That is a lot of money. It will make a ple inflation. Indeed, we would find numbers, to the Veterans’ Administra- huge difference when we try to fund ourselves lagging behind our require- tion with increased and more complex the programs we care about. ments to fund programs on just a con- needs. The public ought to know we are tinuing basis, let alone making those We have requirements to ensure that changing the totals and we are reduc- additional investments which are so our natural resources are protected. ing the numbers of people who can be critical to the future of this country— We have requirements to ensure we used to carry on the tasks we have as- in education, in health care, in vet- maintain a strong defensive posture in signed. That is where we are. I think it erans’ affairs, in environmental policy. the world. is more than enlightening that we have This is also particularly suspicious All of these cannot be done as well as seen this kind of a gimmick introduced when you look at the last several years we will and can do them if we abandon into the budget resolution. and the avowed purpose of holding the the strategy of massive tax reductions I yield such time as the Senator from line on spending of this Republican and rather look at targeted tax reduc- Rhode Island needs. Congress. In fact, under the last few tions for middle and lower-income The PRESIDING OFFICER. The Sen- Republican Congresses, nondefense Americans, together with wise invest- ator from Rhode Island. spending rose 3.2 percent in 1997, 2.6 ments across the range of initiatives. Mr. REED. Mr. President, today we percent in 1998, 5.3 percent in 1999, and The other aspect of this budget is a begin our debate on the budget. I think 10.7 percent last year. Somehow this continuing need to invest in our infra- we should begin by noting that re- budget says we will hold spending 2.7 structure, not only our human capital markable economic progress has been percent less than last year’s spending. in terms of education but our physical made in this country over the last 7 It would defy the history of this Repub- capital: Roads, bridges, better schools. years, since 1993. There are 20 million lican Congress, going back several ses- All these things we cannot do if we es- new jobs in this country. Unemploy- sions. sentially dissipate our resources the ment is at a record low. Home owner- So we begin with a budget plan that way this budget proposes. ship is expanding dramatically. Pro- is faulty on its assumptions and faulty There is something else we can and ductivity has been increased signifi- on its presumptions about what we can should do, and that is to begin to re- cantly. Inflation remains low. All of and what we will do. What we will see, duce our national debt held outside the that good news is a result of budget de- in fact, is that we will forgo billions of Government. The President has pro- cisions we made years ago under the di- dollars of necessary spending that we posed a plan to do that. Again, I think rection of President Clinton and with have never been able to forgo in the this budget represents a plan that is the support of my colleagues in the past, and we will not invest additional less adequate and less satisfactory. Democratic caucus. resources in important programs. In For all these reasons, I urge this I am afraid this budget brought to us fact, with this budget plan, I fear we budget be carefully examined and then, today by the Republican majority will will end up, as we have in several past just as carefully, rejected; that we em- undo most of that good work. We can years, where, at the end of the session, brace the alternative budget of my col- all reflect upon the nay saying that we are in almost a train wreck; we leagues on the Democratic side. Also, took place years ago in 1993 where, come together with an omnibus appro- in the course of this debate we have an when I was in the other body, my col- priations bill that pays scant attention opportunity to look at other issues leagues said this Clinton proposal to this budget. I hope we can do better. which are close to all of us, issues that would cause unemployment; it would I hope we can invest in those programs do not go to the financing, essentially, cause a huge collapse; a recession that are going to make a difference in of the Government, but issues of im- would take place. the lives of working families rather portance to the time and moment of Nothing could be further from the than dissipating roughly 98 percent of this great debate, issues such as gun truth. The proof really is in the pud- the projected surplus into untargeted control and others through which we ding. The plans the President proposed, and misguided tax cuts. can send a signal to the American pub- and in which he was supported by the Also, I hope we can do those things lic that we are listening. Democratic caucus, produced remark- which all our constituents are asking I hope at end of the process we can able economic prosperity and recovery us to do. One is a Medicare prescription come forward with a budget that rep- throughout this country. benefit. I commend Senator WYDEN and resents an investment in America, that As I said, we have gone from a huge colleagues on the Budget Committee represents a recognition we have deficit to a surplus. But now we are because they at least were able to put worked hard to bring ourselves to a prepared to forget the lessons of the in a $40 billion set-aside for a new place where we have surpluses which last several decades and embark upon Medicare prescription drug program. can be used—we hope wisely. We do not another extravagant and reckless, in But, unfortunately, this initiative has want to undo that progress. We do not fact, budget plan that will essentially, been complicated, in a way com- want to go back; we want to go forward through untargeted tax reductions, dis- promised, because the last several into a brighter future for all the fami- sipate the surplus and miss a signifi- years of the projected spending is tied lies of America. cant opportunity to invest in the fami- into substantial Medicare reform. Mr. President, I yield the floor. lies of America, invest in those pro- Again, given the record of this Con- The PRESIDING OFFICER. Who grams that are so critical to their fu- gress over many sessions, to make a yields time? The Senator from New ture, and invest in ways that will make wise and necessary investment in our Mexico. this country stronger. I am afraid if we seniors contingent upon reform of Mr. DOMENICI. Mr. President, I support this proposal by the Repub- Medicare is, to me, looking for an es- yield myself 5 minutes just to answer lican majority, we will, in fact, see the cape hatch rather than directly con- the distinguished Senator who just great progress of the last decade un- fronting this issue, directly appro- spoke with reference to Medicare and done. priating the money, directly making the budget resolution. What we should be doing, instead, is the commitment of resources right To Senator REED, I would like to sug- investing in our people, not proposing now, unconditionally making that gest that things are a little bit dif- drastic tax cuts which essentially soak commitment. ferent in the budget resolution regard- up all these hard-won surplus dollars. I believe, also, we have a wealth of ing Medicare and prescription drugs, to Rather than investing in health care things to do with respect to our invest- which he has alluded. First of all, in

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2085 the budget resolution there is $40 bil- who will offer a second-degree amend- My amendment expresses the sense of lion of new money for Medicare. It is ment. the Senate that we will start working put in a reserve fund and it is said it Mr. REID. Mr. President, I say to the to relieve the marriage tax penalty, can be spent for two purposes: $20 bil- manager of the bill, yes, he is going to and it says we will do it before April 15 lion for prescription drugs and $20 bil- offer the amendment, but we also have of this year. lion for reform. So, in a sense, we have somebody who wants to make brief re- Of course, we all know what April 15 done what he says he would like, and marks on the marriage penalty. is. It is tax day. We want people who that is for there to be prescription drug Mr. DOMENICI. So long as there is are writing their checks to pay their money separate and distinct from re- time remaining on the amendment or taxes this year to start thinking about form money. That is the Snowe amend- anyone wants to speak on the amend- the penalty they pay because they are ment, cosponsored by Senator WYDEN— ment, then that will be the case, after married, and we want them to know actually, the suggested modifications which we will proceed to the Robb sec- that if our bill passes and the President made by SMITH of Oregon, that passed ond-degree amendment. signs it, they will be relieved of that the committee without a dissenting Mr. President, I ask unanimous con- penalty next year. vote. sent that a vote occur on or in relation We are saying it is time for Ameri- I believe we have all the Medicare to the Robb second-degree amendment cans to have a fair Tax Code. This is prescription drug language necessary regarding prescription drugs, to be fol- not so much a tax cut as it is a tax cor- for the Congress to get started. Frank- lowed immediately by a vote on or in rection, and it is high time we do this. ly, I think it is a very good start and relationship to the pending Hutchison It is amazing we even have to take up we are headed in the right direction. amendment, as amended, if amended, a bill such as this because one would I am going to propose a unanimous at 11 a.m. on Wednesday, and the Sen- think the Tax Code would not discrimi- consent request. I believe it has been ate resume consideration of the pend- nate one way or the other between peo- cleared. ing concurrent resolution at 9:30 a.m. ple who are single and people who are I inquire of Senator REID, the minor- on Wednesday, and the time between married. We are trying to get the fair- ity whip, if the Senator from Texas can now and 11 a.m. be equally divided be- est return for all Americans. send her amendment to the desk, after tween the two managers. According to the Congressional Budg- which time we will propound the unan- The PRESIDING OFFICER. Without et Office, 21 million married couples imous consent request which centers objection, it is so ordered. pay this penalty. The Congressional on that. Mr. DOMENICI. Mr. President, I Budget Office estimates the penalty Mr. REID. Yes. state on behalf of the leader, in light of averages $1,400. AMENDMENT NO. 2914 this agreement, there will be no votes The bill that will be coming from the (Purpose: Sense of the Senate to provide for this evening and the next votes will Finance Committee next week is a ter- relief from the marriage penalty tax) occur at 11 a.m. on Wednesday. rific bill. It is very simple and very clear. It doubles the standard deduc- Mrs. HUTCHISON. Mr. President, I I inquire of the minority manager if tion so that every married couple will send an amendment to the desk and he is in any position to agree to reduce have double the standard deduction ask for its immediate consideration. the overall time available on the budg- than they have today. It will be totally The PRESIDING OFFICER. The et resolution. fair. The standard deduction will be clerk will report. Mr. REID. Not at this time. $4,400 for a single person and $8,800 for The assistant legislative clerk read Mr. DOMENICI. I regret the minority a married couple. as follows: side cannot agree to a reduction of time. I yield back any remaining gen- In addition, it doubles the brackets The Senator from Texas [Mrs. HUTCHISON], eral debate time allotted to the major- at the 15-percent level and the 28-per- for herself, Mr. ASHCROFT, and Mr. BROWN- cent level. That takes in the large ma- BACK, proposes an amendment numbered ity party, with the exception of 1 hour. 2914. The PRESIDING OFFICER. The jority of people in our country who pay taxes. In fact, in the 15-percent brack- Mr. DOMENICI. Mr. President, I ask manager has that right. et, over 6 years, we increase the unanimous consent that the reading of Mr. DOMENICI. I inquire of the amount that can be made as a couple the amendment be dispensed with. Chair, how much general debate time The PRESIDING OFFICER. Without remains on the concurrent resolution? and still pay 15 percent from $43,000 to objection, it is so ordered. The PRESIDING OFFICER. Twenty- $52,000. So we would have $8,650, to be The amendment is as follows: two hours 22 minutes on the minority exact, more in the 15-percent bracket side; 1 hour on the majority side. before one goes into the 28-percent At the appropriate place insert the fol- Mr. DOMENICI. I yield the floor. lowing: bracket. The PRESIDING OFFICER. The Sen- The 28-percent bracket today stops at SEC. . SENSE OF THE SENATE TO PROVIDE RE- LIEF FROM THE MARRIAGE PEN- ator from Texas is recognized. $105,000, and we take it to $127,000, so ALTY. Mrs. HUTCHISON. Parliamentary in- one would still pay in the 28-percent (a) FINDINGS.—The Senate finds that: quiry, Mr. President. Do I have 1 hour bracket rather than going to the 31- (1) Marriage is the foundation of the Amer- on my side? percent bracket. ican society and a key institution for pre- The PRESIDING OFFICER. That is In addition to that, we take the very serving our values; correct. lowest income people who receive an (2) The tax code should not penalize those Mrs. HUTCHISON. I thank the Chair. earned-income tax credit and we make who choose to marry; (3) A report to the Treasury Department’s Mr. President, I ask unanimous con- that credit $2,500 instead of the $2,000 it Office of Tax Analysis estimates that in 1999, sent that my amendment be sponsored is today. 48 percent of married couples will pay a mar- by myself, Senator ASHCROFT, and Sen- We are trying to do something for riage penalty under the present tax system; ator BROWNBACK, and be referred to as people in the lowest bracket and in the (4) The Congressional Budget Office found the Hutchison-Ashcroft amendment. middle bracket. We think this is going that the average penalty amounts to $1400 a The PRESIDING OFFICER. Without to help the 21 million couples who are year. objection, it is so ordered. affected by this onerous tax disadvan- (b) SENSE OF THE SENATE.—It is the Sense Mrs. HUTCHISON. Mr. President, tage. of the Senate that the level in this budget resolution assume that the Congress shall: this is a very simple amendment. It I had the privilege of meeting today (1) pass marriage penalty tax relief legisla- will express the sense of the Senate with three couples, all of whom would tion that begins a phase down of this penalty that it is time for marriage penalty re- have their marriage tax penalty totally in 2001; lief. Why would we have a Tax Code eliminated if we pass the bill that will (2) consider such legislation prior to April that says a policeman and a school- be before us next week. 15, 2000. teacher getting married owe Uncle We met with Kervin and Marsha Mr. DOMENICI. Mr. President, I Sam $1,400 more in taxes? In fact, that Johnson. Kervin is a District of Colum- want to make sure that when the Sen- is exactly what the Internal Revenue bia police officer. His wife is a Federal ator is finished or her time has expired Code does, and that is exactly what we employee. They have been married 1 the next Senator will be Senator ROBB, want to change. year. They are going to have to pay

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2086 CONGRESSIONAL RECORD — SENATE April 4, 2000 $1,000 more in taxes because they got heretofore have been penalized for that income working families and ensuring married last year. right. that families can take the tax credits We also met with Eric and Ayla All of these tax cuts that we have for which they qualify by permanently Hemeon. Eric is a volunteer firefighter given this year—plus the marriage pen- eliminating any cutbacks of the credits and works for a small printing com- alty tax relief we will give next week— because of the minimum tax. pany. Ayla works for a small business. total about $136 billion over 5 years. Even after the honeymoon’s over and They have been married for 2 years and The budget resolution we are debat- paid for, today’s newlyweds are going are going to have a wonderful event in ing today has $150 billion in tax cuts to find their married life perpetually about 1 month; they are going to have reserved because we are committed to filled with financial challenges. That their first baby. But, unfortunately, tax relief for hard-working families. So $20,000 wedding is going to look cheap they are paying a marriage penalty of we are well within this budget resolu- compared to saving for a down pay- $1,100 that will take away from what tion with the tax cut bills that have ment on a house, saving for a college they can do for their new baby. been passed by this Congress so far. education and saving for retirement. We heard from a couple who have So far, the President has not signed Letting families keep more of what been married 25 years, Lawrence and any of these bills. Some of them have they earn by lowering their taxes will Brendalyn Garrison. He is a corrections not gone to the President. But we hope make each of these financial chal- officer at Lorton. She is a teacher in he will sign the Social Security bill, lenges easier to face and, in the proc- Fairfax County. Last year, they paid which will be the first one on his desk, ess, hopefully help make that wedded $600 in a marriage tax penalty. Mrs. so that Social Security recipients will bliss last a little longer. Garrison is clearly a schoolteacher behave the option to work if they so The PRESIDING OFFICER. Who cause she said to me: If you pass this choose. We hope we will put the others yields time? bill, do you think we could make it ret- on his desk in due order, including the The Senator from Nevada. roactive? Twenty-five years? I applaud marriage penalty relief. Mr. REID. Mr. President, I say to the her spunk. We will not be able to do We have passed marriage penalty re- Senator from Texas, I am sure the mi- that. But we can certainly give them lief before, but the President vetoed it nority will support her amendment. the next 25 years with a little more re- last year. We are coming back. The I ask unanimous consent that, based lief. President said: Send me these bills one upon the agreement we have had with What we are saying today is, we want at a time. That is exactly what we are the Senator from New Mexico, the Sen- the Senate to vote, before April 15, be- doing. We are sending him marriage ator from Virginia be allowed at this fore people are required to have their penalty relief by itself to see if he real- time to offer his amendment on pre- taxes in, in order to let them think ly is committed to tax relief for hard- scription drugs. about exactly what they are paying working American families. As I also explained to the Senator this year; and if they are one of the 21 I hope we can pass this sense-of-the- from New Mexico, we have a time million couples, they can think about Senate amendment; it will take the agreement on when the vote will take how much less their taxes will be next first step toward saying the Senate is place. Senator ROBB is here to offer a year if we pass our legislation. serious about marriage penalty relief. I prescription drug amendment. That So the Hutchison-Ashcroft amend- believe we will be able to pass this bill does not mean someone else cannot ment is going to say it is the sense of next week. I think we will send it to come before tomorrow at 11 o’clock and the Senate that we pass this simple the President. I think he will have a talk on the marriage penalty. legislation next week. I do not see how chance to explain to the American peo- Mr. DOMENICI. That is correct. But has the Senator completed her anyone could possibly oppose having ple that he either does support mar- hour? the marriage tax penalty relieved from riage tax penalty relief or he does not Mr. REID. No. so many of the taxpayers in our coun- and, if not, why. Mrs. HUTCHISON. I reserved the re- try. I urge my colleagues to support this mainder of my time. Congress is trying to give relief to a bill. I hope they will not support any Mr. DOMENICI. You would reserve it, lot of people in our country who have amendments that are extraneous to even if a second-degree amendment been burdened with unfair taxes. This this amendment because it is pretty were going to be offered now? Is that year, for instance, we have given tax simple and pretty clear; we are seeking what the Senator wants to do? breaks to small businesspeople because the support of the Senate for marriage Mrs. HUTCHISON. Mr. President, I we know the economic engine of Amer- penalty relief. I hope we can do it. have other speakers who wish to speak ica is small business. We know that the Mr. President, I yield the floor and on my amendment. taxes and regulations hurt small busi- reserve the remainder of my time. Mr. DOMENICI. Mr. President, if the ness the most because they have the Mr. ROTH. I rise today in support of Senator reserves her time and the sec- smallest margins. They are having a the amendment of the Senator from ond-degree amendment is offered, does hard time making ends meet. So we Texas. that impact on her reservation at all? have given tax relief to small busi- Getting married is not cheap. Ac- Does she still have time? nesses. cording to Bride’s magazine, a couple The PRESIDING OFFICER. It de- This year, we have given tax relief getting married today can expect to pends on the nature of the unanimous for parents who are trying to enhance spend $20,000 for the big event—recep- consent by the Senator from Nevada. their children’s education. We are try- tion, flowers, food, dress, band, and Mr. REID. I say to my friend, the ing to give tax relief to a parent who cake. Throw in another $4,000 for the manager of the bill, Senator ROBB would want to buy a computer for a honeymoon, and the sticker shock is would offer his amendment on prescrip- child, or extra books, or perhaps a complete. But it is not over. Just when tion drugs. After he completes his tutor, or perhaps tuition, or perhaps a the newlyweds thought their debts statement, someone from the majority band uniform. All of these things en- were paid off, tax time arrives and they can come and speak on the marriage hance education. We want people to are faced with a new bill—the marriage tax penalty, or maybe we could. We have some tax breaks to be able to do tax penalty. have a time agreement when the votes that. Senator COVERDELL passed that Last week, the Senate Finance Com- will take place on these two matters, bill earlier this year. mittee approved legislation that will so I do not think anyone would be ad- We have given medical savings ac- provide relief from this bliss-busting vantaged either way by his stepping counts as tax relief for people who tax. forward at this time. There is no one would build up a savings account for Our legislation would provide $248 else on the floor at this time. their medical expenses—tax free—as an billion in relief to America’s families The PRESIDING OFFICER. If that is encouragement to provide for their by eliminating the marriage penalty in the unanimous consent agreement, the medical needs. the standard deduction; providing Senator from Texas would retain her We have given relief to Social Secu- broad based relief by widening the 15- time. rity recipients who are 65 to 70 years of and 28-percent tax brackets; expanding Mr. DOMENICI. There is no such age who want to keep working but the earned income credit to more lower unanimous consent request. But if you

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2087 are construing that to be a request, I about establishing our priorities as a care will pay for so many other parts of have no objection to that. nation. medicine—surgery, visits to the doctor, The PRESIDING OFFICER. Without Throughout my career, I have fought physical therapy, durable medical objection, it is so ordered. for fiscal discipline and tried to stop equipment, et cetera—Medicare has The Senator from Virginia is recog- the Federal Government—and during stayed wedded to the 1965 model of not nized. the time I served as Governor of my paying for prescription drugs, even AMENDMENT NO. 2915 TO AMENDMENT NO. 2914 State, State government—from spend- when the drugs clearly help prevent (Purpose: To condition Senate consideration ing more than it takes in. seniors from having more complicated of any tax cut reconciliation legislation on Maintaining fiscal discipline means and expensive health problems. That previous enactment of legislation to pro- meeting Government obligations with- doesn’t make sense. vide an outpatient prescription drug ben- out borrowing from future generations. Think about it. While our engineers efit under the Medicare program that is The budget resolution allows us to de- used slide rules in 1965, we certainly consistent with Medicare reform) termine the nature and extent of our would not expect them to go without Mr. ROBB. Mr. President, under the obligations by establishing our prior- the latest computer technology today. unanimous consent agreement just ities. The question, then, is, What sort Likewise, medical equipment has ad- reached, I send a second-degree amend- of priorities will Congress set for the vanced by leaps and bounds. We would ment to the desk and ask for its imme- American people this year? Will we opt not think of using a 35-year-old heart diate consideration. to continue our path of fiscal dis- monitor on a patient; nor would we The PRESIDING OFFICER. The cipline? Or will we enact a budget that think it is sound policy to deny a pa- clerk will report the amendment. ignores our $5 trillion-plus debt in our tient access to a CAT scan simply be- The senior assistant bill clerk read as haste to provide politically appealing cause the technology wasn’t around in follows: tax cuts? Will we choose to make new 1965. Yet today many seniors are forced The Senator from Virginia [Mr. ROBB] for investments in education? Or will we to go without needed medication be- himself, Mr. KENNEDY, Mr. WYDEN, Mr. GRA- simply decide to maintain the status cause Medicare offers no coverage for HAM, Mr. BRYAN, Mr. DORGAN, Mr. BAUCUS, quo? Will we modernize and strengthen outpatient prescription drugs. Mr. BINGAMAN, and Mr. JOHNSON, proposes an Medicare? Or will we choose instead to To illustrate this point, I want to amendment numbered 2915 to amendment No. 2914. use those dollars on a risky tax cut share with colleagues a letter I re- that endangers Medicare and erases the ceived 2 weeks ago from a constituent Mr. ROBB. Mr. President, I ask unan- surplus? in Williamsburg, VA, a veteran who imous consent reading of the amend- These are the sort of decisions the served our country in Vietnam. He ment be dispensed with. Senate will make over the next few writes: The PRESIDING OFFICER. Without days. I believe we need a budget that I have gone for almost two months without objection, it is so ordered. will make America stronger and one my blood pressure medicine . . . because I The amendment is as follows: that will address our most vital prior- can’t afford the $150 a month to get it re- At the end of the amendment, add the fol- filled .... I constantly feel feverish and lowing: ities. I rise at this time to speak on the have a splitting headache. I’m afraid I’m SEC. ll. REVENUE REDUCTION CONTINGENT going to have a stroke. ON OUTPATIENT PRESCRIPTION second-degree amendment I just of- DRUG LEGISLATION. fered, an amendment that will address Another woman from St. Stephens (a) FINDINGS.—Congress finds that— one of our most pressing priorities—the Church, VA, writes: (1) a medicare outpatient prescription drug need to bring Medicare into the 21st My husband and I are both retirees and benefit should be established before exhaust- century. It is very similar to an rely on Social Security and Medicare. Re- ing the on-budget surplus on excessive tax cently we both had to go to our family doc- cuts; amendment I offered last year. tor and the drugs that were prescribed for us (2) while the Senate budget resolution pro- This amendment states, simply, that would cost us out of pocket approximately vides a date certain for the consideration of if Congress is going to consider tax cut $300 per month. Due to the cost of the two $150,000,000,000 in tax cuts, it does not include legislation, it must first pass legisla- prescriptions, we are forced to choose not to a similar instruction for the enactment of an tion that will modernize Medicare take the medication and live with the ill- outpatient prescription drug benefit; through the creation of a prescription ness. (3) all seniors should have access to a vol- drug benefit. It is time we did something to change untary, reliable, affordable medicare drug Thirty-five years ago, President Lyn- this. While over 90 percent of the pri- benefit that assists them with the high cost don Johnson signed Medicare into law. of prescription drugs and protects them vate sector employees with employer- against excessive out-of-pocket costs; and At the time, our country transcended based health insurance have prescrip- (4) 64 percent of medicare beneficiaries politics and put our differences aside to tion drug coverage, the 38 million-plus have unreliable or no drug coverage at all. come together, as a nation, to do the Medicare beneficiaries in America (b) POINT OF ORDER.—It shall not be in right thing with regard to acute care today have no basic prescription drug order in the Senate to consider a reconcili- for our Nation’s seniors. Few programs benefit. At the same time, the average ation bill resulting in a net reduction in rev- in our Nation’s history have had such a Medicare beneficiary fills 18 prescrip- enues unless Congress has previously enacted lasting, positive effect on so many tions each year and will have an esti- legislation that— lives. Poverty among seniors, for exam- (1) provides an outpatient prescription mated average annual drug cost of drug benefit under the Medicare program ple, has fallen nearly two-thirds since nearly $1,100 this year. consistent with Medicare reform; and Medicare was first created in 1965. We have an obligation to our seniors, (2) includes a certification that the legisla- Today, seniors live longer and better and future generations of seniors, to tion complies with paragraph (1) of this sec- than they ever have before. But while strengthen and modernize Medicare by tion. Medicare is still a success today, the adding a prescription drug benefit. Un- (c) SUPERMAJORITY WAIVER AND APPEAL.— program has become hopelessly out- fortunately, the Republican budget res- The point of order established in this section dated. New technology and new health olution does not require that Congress may be waived or suspended in the Senate practices have changed medicine. The spend a dime on this vital benefit. only by an affirmative vote of 3⁄5 of the members, duly chosen and sworn. An affirmative private sector has responded by inte- However, their resolution does require vote of 3⁄5 of the Members of the Senate, duly grating them into modern medicine. that we pass $150 billion in tax cuts. chosen and sworn, shall be required in the Perhaps the greatest change has been This is an issue where we need to reas- Senate to sustain an appeal of the ruling of the emergence of prescription drugs as sess our priorities. the Chair on a point of order raised under an integral part of modern medicine. Let me state for the record that I am this section. Today, thanks to years of biomedical not opposed to all tax cuts. This past Mr. ROBB. Mr. President, today, we research funded by both Government Congress, I have introduced or sup- begin our annual debate over our Na- and the private sector, prescription ported several targeted tax cut pro- tion’s budget. This is an important de- drugs have enabled us to treat, and posals, including bills to repeal the es- bate. Because when you set aside the often cure, all sorts of ailments and tate tax, eliminate the true marriage partisan squabbling and political pos- sicknesses in ways we could only penalty, repeal the 3-percent tele- turing, this debate is crucial: it is dream of back in 1965. Yet while Medi- communications excise tax, and extend

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2088 CONGRESSIONAL RECORD — SENATE April 4, 2000 the R&D tax credit, among others. Today, we have before us the oppor- idle while this Congress squanders our What I am opposed to, however, is tunity to achieve our collective goal of good fortune on the folly of tax cuts. using our surplus for tax cuts before we reforming the Medicare program. To do Instead, I implore you to take advan- have also addressed our other critical so, we must both realize and accept the tage of these good economic times and obligations—because a surplus, by defi- fact that the face of health care has use the dollars that are available to us nition, is what you have left over once changed since the inception of Medi- today to implement change that will you have met all your obligations. care in 1965. benefit us tomorrow. The question is, Do Senators want In 1965, America’s health system fo- The PRESIDING OFFICER. The Sen- tax cuts, or do they want to help our cused upon the inpatient setting, react- ator from Massachusetts is recognized. Nation’s seniors? Our friends on the ing to both acute and chronic condi- Mr. REID. Mr. President, will the other side say they would like to do tions. In turn, Medicare followed this Chair inform us about how much time both, but the language in the budget model. is left on the second-degree amendment resolution suggests differently. Today, our health care system bene- on our side? Reading their resolution, they re- fits from the advantage of new tech- The PRESIDING OFFICER. Eighteen quire the Finance Committee to report nologies, preventive measures and pre- minutes 25 seconds. out a giant tax cut bill by September scription drug therapies. Unfortu- Mr. REID. Under the time of the mi- 22. Yet when it comes to adding a pre- nately, Medicare does not share these nority on the bill, we yield an addi- scription drug benefit for seniors, there advantages, due to our inability to put tional 12 minutes to the Senator, for a is no such requirement—although the reform first. total of 30 minutes. resolution has a reserve fund that Mr. President, my colleagues have The PRESIDING OFFICER. The Sen- would allow the Senate to consider a spoken eloquently about the need to ator from Massachusetts is recognized. drug bill on the floor if the Senate Fi- include a prescription drug benefit in Mr. KENNEDY. I thank the Chair. I nance Committee has not reported a the Medicare package—certainly before don’t believe I will need all of that bill by September 1. we turn to tax cuts. This benefit would time. But I appreciate leadership yield- This resolution makes the Repub- be an essential part of updating Medi- ing the time. licans’ priorities very clear: The Sen- care to adequately service the health Mr. President, first of all, I thank the ate must pass tax cuts, and as for pre- care needs of today’s seniors. Senator from Virginia, Mr. ROBB, for scription drugs, well, we hope we can Currently, private health care plans offering this amendment. I welcome find some time to take it up later in cover medication because it is a vital the chance to join with him and my the year. Maybe we can take it up if we component of modern health care. Pre- colleague and friend, Senator WYDEN of have any money left after the tax cuts. scription drugs are viewed as integral the State of Oregon. I commend him My friends on the other side of the in the treatment and prevention of dis- for the way this amendment has been aisle have suggested this is not the eases. fashioned and for the excellent presen- Accordingly, we must find an ap- case. They have said they want to pass tation and compelling case he made in proach to a Medicare prescription drug a prescription drug benefit this year. favor of this amendment. benefit that will best provide the most They have claimed there is ample When you get right down to it, as he meaningful coverage for the most bene- money in their budget resolution to said so well, this is really a question ficiaries. And, I would argue that we add a drug benefit to Medicare and about priorities. As the Senator from take one step further and recognize enact their massive tax cut. Virginia pointed out, if we reject this But a close examination of their that the development of a prescription amendment, we are putting tax breaks budget resolution reveals that it would drug benefit for Medicare beneficiaries before our senior citizens. If the Senate be impossible for them to do anything is directly related to the need for pre- accepts this amendment, it is putting but enact a massive tax cut this year. ventive care. The Republican budget resolution as- As one of the primary guardians of our senior citizens, their health and sumes $150 billion in tax cuts over the the Medicare program, the Senate has their well-being, ahead of tax breaks next 5 years. Combined with the inter- the sobering responsibility to design a for the wealthy. est America will pay from this revenue program that focuses on health pro- As we start this debate on the budg- loss, the total budgetary impact will be motion and disease prevention for all et, we have an issue that makes a great $168 billion. Given that their budget Medicare beneficiaries. This approach difference to millions of senior citizens resolution only assumes $171 billion in will slow the growth in costs to the and their families—because so often el- total surplus over this same time pe- program in the future, and, more im- derly people need assistance from their riod, all but 2 percent of the on-budget portantly, will improve the quality of family members in order to purchase surplus will be devoted to tax reduc- life for older Americans. their necessary prescription drugs. tion. This leaves virtually nothing for It has been proven time and time This is a significant drain on both the prescription drug coverage, much less again, that a combination of preven- senior citizen and their family’s in- other priorities, such as defense or edu- tive services and appropriate medica- come. cation, unless Congress makes deep tion can reduce the incidence of stroke, I again commend the Senator from cuts in other domestic discretionary diabetes, and heart disease among Oregon, Mr. WYDEN, for the superb programs. other serious and costly illnesses. presentation he made in the Budget As we have seen in past years, these Detailed programmatic changes— Committee, and for his outreach to cuts are simply unrealistic; they will changes based upon the realization Members on the other side of the aisle. never materialize, and they pose a real that prescription drugs and preventive I admire their strong willingness to threat of a raid on Social Security. services go hand in hand—are nec- support the Wyden proposal because I How do they propose to help our sen- essary to convert the current Medicare think it will make a difference in the iors access prescription drugs when system into one that will best serve lives of many of our seniors. they have devoted 98 percent of the our seniors. As I mentioned, a budget is a state- surplus over the next 5 years to tax Mr. President, I am not convinced ment of our national priorities. There cuts? that the tax cut that is incorporated is no more important priority than We ought not to be enacting major into this budget resolution will achieve Medicare coverage of prescription tax cuts until we have first fulfilled our goal of muchly needed reform. drugs. Our amendment puts the Senate our obligation to our seniors to add a Our seniors have been pleading with on record that quality health care for prescription drug benefit to Medicare. this Congress to create a drug benefit. senior citizens is more important than Let’s get our priorities in order and put And, maybe it is because I hail from a new tax breaks for the wealthy. seniors before tax cuts. state where nearly one-fifth of the pop- The need for action on prescription I urge all Senators to support this ulation is over age 65 . . . but I have not drugs is as clear as it is urgent. Too amendment. heard such impassioned pleas for tax many elderly Americans today must Mr. GRAHAM. Mr. President, I thank cuts. choose between food on the table and Senator ROBB, for introducing this im- We are very fortunate to be living in the medicines they need to treat their portant amendment. an age of prosperity. But, I cannot sit illnesses. Too many senior citizens can

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2089 only take half the pills their doctor tion of the HMO. More than 325,000 taxes and what it has done for prescrip- prescribes, or must forego needed pre- Medicare beneficiaries lost their HMO tion drugs. Section 104: ‘‘Not later than scriptions, because they cannot afford coverage this year—325,000 have been September 22, 2000, the Senate Com- the high cost of prescription drugs. Too dropped. mittee on Finance shall report to the many senior citizens are paying twice The Medicare HMOs are also reducing Senate a reconciliation bill proposing as much as they should for the drugs the level of drug coverage. Seventy-five changes’’—that would be tax cuts for they need because they are forced to percent of all the Medicare HMOs will the next 5 years. pay full price when almost everyone limit prescription drug coverage to less Note the words, ‘‘shall report.’’ with private insurance coverage has than $1,000 this year, an increase of 100 Regarding the reserve fund for pre- the benefit of negotiated discounts. percent since 1998. In 1997, 37 percent of scription drugs: ‘‘The Senate spending Too many senior citizens end up hos- Medicare HMOs had caps of less than aggregate and other appropriate budg- pitalized, at an immense cost to Medi- $1,000; in 1998, this number increased to etary levels and limits may be adjusted care, because they cannot afford the 75 percent. Thirty-two percent of Medi- and allocations may be revised for the drugs they need or can’t afford to take care HMOs have now imposed caps of legislation reported by the committee them correctly. less than $500 for prescription drugs. on . . . to provide a prescription drug As numerous discoveries in recent Twelve million seniors with no cov- benefit for fiscal year 2001, 2000, and years have made clear, pharmaceutical erage, 11 million and dropping with em- 2003.’’ products increasingly offer cures for ployer-sponsored coverage, and 3 mil- See the difference? That is why we many dreaded diseases. Far too many lion with coverage through Medicare are offering this amendment. We are senior citizens are being left out and HMOs, and we find that the HMOs are treating tax breaks the same as pre- left behind because Congress has failed setting caps of $500 or less. This sug- scription drugs—the other side of the to act. gests very poor, unreliable prescription aisle is not. That is why the Robb I strongly believe this century is drug coverage for our senior citizens. amendment is before the Senate. There going to be the life-sciences century. Four million seniors have prescrip- is one criteria for tax breaks for We know about the extraordinary pos- tion drug coverage through Medigap. wealthy individuals and another cri- sibilities for breakthrough prescription Look at what is happening to the cost teria for our elderly Americans. That is drugs. We know, for example, if we of Medigap plans with drug coverage— the issue we are addressing. The tax measure is a permanent were to have a breakthrough drug for $2,600 for someone who is 75 years old; measure. Can we say that about the delaying the onset of Alzheimer’s dis- $2,600 a year in Delaware; New York, prescription drug measure? No, no, no, almost $2,000; Iowa, almost $2,000; ease, half the nursing home beds in my it only goes on for 3 years. After 3 Maine, almost $2,500; and almost to State of Massachusetts would be years, it only continues ‘‘if legislation $2,500 in Mississippi—and many seniors empty. The impact on quality of life is reported by the Senate Committee are not even eligible for Medigap drug would be significant. At the same time, on Finance that extends the solvency coverage. You can only purchase the we could save the Medicare system of the Medicare Hospital Insurance Medigap plans that include prescrip- money. Trust Fund without the use of trans- tion drug coverage at the time you I want to take a moment of the Sen- fers of new subsidies from the general ate’s time to review why this amend- first become eligible for Medicare. fund.’’ ment is so important. These plans are incredibly expensive. It says, ‘‘that extends the solvency of There is a drug crisis for senior citi- The cost of Medigap which includes the Medicare Hospital Insurance Trust zens: Coverage is going down, and costs prescription drugs is unaffordable and Fund without the use of transfers . . .’’ are going up. unavailable for most senior citizens. Why is the Budget Committee saying I want to take a few moments to re- Again, the level of Medicare HMO we cannot use any of the surplus? That view for the Senate exactly what is drug coverage is dropping drastically. is what this provision says. You are not happening across America. We see the collapse of coverage for sen- able to use any surplus to extend the We have 36 million American seniors, iors with employer-sponsored plans, for solvency of the Medicare trust fund. as this chart indicates. We are finding seniors in Medicare HMOs, and for sen- This says ‘‘that extends the solvency’’ that 12 million of them have no cov- iors with Medigap. This effectively ‘‘without the use of transfers of new erage whatsoever; 11 million have em- leaves persons with Medicaid as the subsidies’’—that is the surplus ‘‘from ployer-sponsored coverage. I will come only seniors with reliable drug. the general fund.’’ back to that. Three million have Medi- At the same time coverage is col- They are saying after the first 3 care HMOs. Four million have Medigap lapsing, drug costs are growing at dou- years you cannot have funds for the coverage. Four million have Medicaid ble-digit rates: a 9.7 percent increase in fourth or the fifth year unless you have coverage. This is the only group, the 1995; 10 percent in 1996; 14 percent in a complete revamping of Medicare. And poorest of the poor, in America that 1997; 15 percent in 1998; 16 percent in you cannot use any surplus money to have reliable prescription drug cov- 1999. extend solvency. erage. Three million have coverage as What about the rates of inflation? In- How does that translate? To the sen- veterans or through other programs. flation was 2.5 percent in 1995; 3.3 perior citizens it means there will be a cut This is what is happening in America cent in 1996; 1.7 percent in 1997; 1.6 per- in Medicare benefits. If you are going today. We know a third of all seniors cent in 1998, and 2.7 percent in 1999. In to have prescription drug coverage, you have no coverage whatsoever. Let’s other words, drug costs are going up will have to cut your Medicare benefits take a look at seniors with employer- significantly faster than the rate of in- or raise the payroll tax. Those are the sponsored; they represent about one- flation. Coverage is collapsing, and options the Budget Committee is leav- third of all seniors. costs are going through the roof. We ing for prescription drug coverage. Look at this chart. From 1994 to 1997, are not meeting the needs of our elder- They don’t set that criteria for the we see a precipitous drop in employer- ly people. tax breaks. They say you ‘‘shall.’’ It is sponsored coverage. We see a drop of 25 That is why we on this side of the permanent. It will go on ad infinitum. percent over the 3 years from 1994 to aisle believe, unlike the other side of But not for prescription drugs. We may 1997. the aisle, we should have agreement on provide coverage for 3 years, but we If 1997 and 1998, coverage is dropping the principles for a quality Medicare will not extend coverage beyond that like a stone. A third of all the elderly prescription drug benefit. There should unless there is a complete revamping people have no coverage; another third be coverage for all seniors, coverage of the Medicare system. And we can’t have employer-sponsored coverage, but must be basic and catastrophic, and it use any surplus funds—as President that number is dropping rapidly. should be affordable both to the Fed- Clinton and AL GORE suggest, and as What is happening in Medicare eral Government and to the individual. every Member on this side believes can HMOs? This is what is happening to These principles were not recognized and should be used. Medicare HMO drug coverage: It’s inad- by the Budget Committee. They are saying no, no, you cannot equate and unreliable. First of all, the These two charts demonstrate what use any of the surplus for Medicare sol- drug benefit is only offered at the op- the budget resolution has done for vency. And you will only be able to get

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2090 CONGRESSIONAL RECORD — SENATE April 4, 2000 a prescription drug benefit if you ei- Senator from Massachusetts has com- majority party, and all of those who ther cut Medicare benefits or increase pleted his statement for today. are members of the majority party, the payroll tax. Mr. KENNEDY. Yes. Thank you. would support this amendment. What does this mean for senior citi- Mr. REID. What we would like to do I thank my distinguished colleague zens? This means they have a very poor is recognize, next, Senator GORTON, to from Massachusetts for laying out the deal on prescription drug coverage. It speak for up to 12 minutes; Senator case in eloquent detail with some very is a better deal than we had last year FEINGOLD, to speak for up to 7 minutes; informative charts and for making and we are encouraged that we have Senator ASHCROFT, up to 10 minutes; what I think is a very persuasive case. made some progress. But this does not and Senator BRYAN for 10 minutes. But if it is the intention of the major- give the assurances that our elderly After that, we would be out until the ity to follow through with the plan people need that they are going to have morning—at 9:30? they have outlined, then this amend- affordable, reliable prescription drug Mr. DOMENICI. Let’s leave that up ment should pose no threat to them coverage. to the leader. whatsoever. I hope, then, we would No matter how many times they say Mr. REID. I thought that was what it have this amendment approved by it, the language is very clear. The Robb provided. All it says is back in at 9:30. unanimous consent. amendment is very clear. It says we Mr. DOMENICI. Does it provide for a With that, I do not object. want a prescription drug benefit that is closing, or is it up to the leader to pro- Mr. KENNEDY. Will the Senator worthy of its name, that covers all sen- vide for a closing? yield for a question? iors, that is affordable to both bene- The PRESIDING OFFICER. That Mr. DOMENICI. I had objected to the ficiaries and the Government, and we would be up to the leadership. time scenario until I clarified some- will do that before we cut taxes. Mr. REID. Fine. We will end at that, thing. This $20 billion for years 4 and 5 will when Senator BRYAN completes his Mr. KENNEDY. Can I clarify some- not be adequate because we are seeing statement. Whatever the leadership thing with the Senator? Is there any a phasing in of the coverage over a pe- wants to do, we can do. guarantee in the budget instructions riod of time. The money for the fourth Mr. DOMENICI. I thank all the Sen- that we will have prescription drug leg- and fifth years is completely inad- ators for not taking any more time. islation on the floor by September 21? equate. The cost of the President’s plan There is more time tomorrow. There Mr. DOMENICI. No. It says the 60- is up to $31 billion, 50 percent higher, are events planned by the leadership vote point of order against any such and that was without catastrophic cov- for tonight. Senators, if they wanted to legislation will disappear on the date I erage. The cost of the President’s pro- listen to us, could go on to their events just described, which was the date sug- gram is about $200 billion over 10 years. and still have heard what we have to gested by the occupant of the chair. So That is a sizable amount, but it is a say. I wish to make one observation if the Senator wants to offer a bill on good program. It will make a major and then I will agree to the rest. It will the floor after that date, that budget difference in the lives of our seniors. It just take me 1 minute. resolution, it will not be subject to a will relieve many of our elderly citi- I, first, want to remind the Senate point of order under the Budget Act. It zens from the anxiety they currently and anybody listening, in the Senate will be permissible, with prescription face. Budget Committee, regarding the re- drug and/or reform. This amendment is of enormous im- serve fund of $40 billion for Medicare Mr. KENNEDY. I thank the Chair. Mr. DOMENICI. Mr. President, I ob- portance and consequence. I cannot ex- and prescription drugs, the cosponsor jected to the scenario because I did not press my appreciation enough to the of that was a Democrat Senator named understand. WYDEN who was praised in our com- Senator from Virginia. Everyone in the The PRESIDING OFFICER. Objec- mittee by Senators LAUTENBERG and State of Virginia, every elderly citizen tion is heard. and their family, will be affected by CONRAD as doing the right thing for Mr. DOMENICI. Let me ask a ques- this effort that the Senator has put Medicare. I think we have done the tion. I don’t want to have to object. forward. It will affect the seniors not right thing. When the Senate recesses tonight, only in his State but in my State of Our budget says: Do prescription there should be 90 minutes, as I under- Massachusetts and all across this coun- drugs first. That was because of the stand it, equally divided in the morn- try. language offered by the distinguished ing. This is the first opportunity we have occupant of the Chair, which said by Mr. REID. I am sorry. Will the Sen- had—since the President of the United September 1 we would have to have a ator repeat that? States identified prescription drugs in package on the floor or we could offer Mr. DOMENICI. When the Senate re- his State of the Union a year and a half it on the floor. And, incidentally, it cesses, there should be 90 minutes left ago—to have this debate and to have a then says taxes would be considered on for tomorrow morning. That would be rollcall on a measure that can make the 22nd day of September, almost a to debate on the Hutchison and the such a difference in so many lives. The month later. So our approach was Robb amendments. If not, the Senate Senator from Virginia is offering this Medicare first, tax cuts almost a intends to remain in session until the opportunity. Tomorrow at 11 o’clock month later—about 17 days later. I time is used or yielded back. this Senate will have the chance to say think that is the way it ought to be. Mr. REID. It is my understanding, whether it wants to put the interests of The Robb amendment is nongermane after we complete the statements to- our elderly people first, or if we want and is unnecessary, but we will make night, hoping to finish around 6 tax breaks for wealthy people to come that case tomorrow before we vote. I o’clock, that tomorrow morning we before them. am going to leave the floor. I thank ev- will come in and each side will have 45 It is very clear from the presentation eryone again for the discussion. I minutes to debate either the Hutchison that has been made by the Senator thank Senator ROBB for the way he has amendment or the Robb amendment. from Virginia and the Senator from Or- handled the amendment. Mr. DOMENICI. I have no objection. egon where they stand. I am proud to I yield the floor. The PRESIDING OFFICER. Without stand with them. I hope the Senate will The PRESIDING OFFICER. Is there objection, the unanimous consent re- stand with them tomorrow also. objection to the motion? quest is agreed to. I yield back my remaining time. Mr. DOMENICI. I reserve the right to The Senator from Washington is rec- The PRESIDING OFFICER. The Sen- object. ognized. ator has consumed his time on the Mr. ROBB. Reserving the right to ob- Mr. GORTON. Mr. President, yester- amendment. The Chair recognizes the ject, and I will not object, I would like day, a bus load of seniors traveled from Democratic whip. to respond to my distinguished friend Seattle to Canada to buy prescription Mr. REID. Mr. President, what the from New Mexico and say, if that is the drugs. Just a short drive from where manager and I would like to do is enter intention of the Senator from New these seniors live, they can buy the into a unanimous consent agreement Mexico and others on the other side of medicine they need to stay healthy for so we know what is left for this the aisle, this amendment should not much lower prices than they would pay evening. It is my understanding the be a threat. I hope, in that case, the at their neighborhood pharmacy.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2091 Why? Because our own U.S. manufac- at discount prices unavailable to Amer- These price differences are by no turers sell exactly the same product to ican purchasers in the United States. means unusual. I was astounded to Canadian pharmacies for much less Here are a few examples: learn that for the top ten most com- than the price they charge drug stores The Pecks from Tacoma, Washington monly prescribed drugs, average prices recently saved $600 by going to Canada in the United States. Americans end up are 64 percent lower in Canada than in to buy a three month supply of blood going to Canada and Mexico in order to Washington state. pressure, stomach and sinus medica- afford to buy products that were dis- tions. Tomaxifen to treat cancer costs I ask unanimous consent a copy of a covered, developed and manufactured $15 for a one month supply in Canada survey of price differences be printed in in America. Shocking? Yes. But every and $95 a month in Vermont. Prozac to the RECORD. day U.S. based drug companies sell treat depression, is just .95 cents a pill There being no objection, the mate- identical FDA approved, U.S. manufac- in Mexico and costs $2.21 in the United rial ordered to be printed in the tured products in Canada and Mexico States. RECORD, as follows: GORTON TOP TEN PRESCRIPTION DRUG PRICE DIFFERENCES BETWEEN WASHINGTON AND CANADA 1

Zithromax Premerin Synthroid Lipitor (10 Prilosec Norvasc Prozac (10 Clairitin z-pak, 6 Zoloft Glucophage (.3 mg) (.05 mg) mg) mg) (10 mg) tablets (1000 mg)

Spokane ...... $25.69 $15.02 $68.12 $111.25 $51.69 $81.62 $79.69 $47.42 $83.69 $26.72 Bellingham ...... 26.69 16.69 75.69 150.69 78.69 91.98 80.69 89.69 87.69 60.69 Vancouver, WA ...... 25.69 16.69 75.69 132.88 51.69 90.69 79.69 52.69 83.69 60.69 Tacoma ...... 25.69 50.98 75.69 119.68 46.52 90.69 79.69 52.69 75.32 60.69 Vancouver, B.C ...... 11.63 9.54 61.48 N/A 48.69 63.52 N/A 39.48 35.70 2 15.88 Vancouver, B.C ...... 9.00 11.11 67.64 3 73.00 49.00 65.74 4 13.99 44.31 46.56 17.00 Calgary, Alberta ...... 10.57 12.50 61.95 3 75.00 49.00 45.20 33.98 40.70 35.00 2 18.20 Victoria, B.C...... 11.00 10.00 65.00 3 81.00 54.00 50.00 N/A N/A 30.00 17.00 Washington State ...... 25.94 24.84 73.79 128.63 57.15 88.75 79.94 60.62 82.60 52.19 Canada ...... (in U.S. $) ...... 10.55 10.78 64.02 73.50 48.96 16.12 33.98 41.50 39.08 17.02 (7.17 ) (7.33) (43.55 ) (49.98 ) (33.29 ) (10.97 ) (23.11) (28.23 ) (26.50 ) (11.58 ) Savings from U.S. price ...... 72% 70% 41% 61% 42% 88% 71% 53% 68% 78%

TOTAL AVERAGE SAVINGS=64% 1 Based on 30-pill orders and the lowest mg. available in each drug. Prices are based from Rite Aid Pharmacies in WA state, Alberto Pharmacies in Vancouver, B.C., and ABC Pharmacy in Calgary, Alberta #403.228.7065. Prices based on Senior Discount’s in the WA pharmacies. Top ten most commonly prescribed drugs in 1999 from Medical Economics Company Inc. 2 500 mg. 3 ‘‘Losec’’. 4 For a 12-pack.

Mr. GORTON. Let me repeat—64 per- share of drug research and development drugs in Canada and the cost of drugs cent lower. That is outrageous. costs—people in Washington state and here, I learned about the companies’ A major reason for this disparity is across the country will pay lower commitment to having drug coverage that foreign governments have imple- prices for prescription drugs. extended to Medicare beneficiaries. mented price control policies that Let me speak briefly about what I am They have a point on that issue, and I tempt—successfully I may say—U.S. not trying to do. I am not telling drug am working with my colleagues on drug companies to discriminate against companies what price they have to such an extension. American consumers. Other countries charge for their product. I am simply But still this so-called solution is offer to pay the nominal costs of manu- saying that manufacturers can no just one piece of the puzzle. Expanding facturing a drug, some profit and little longer discriminate against American Medicare coverage will help some peo- else. Our drug companies agree because consumers by charging Canadian and ple, but it doesn’t help everyone, and it they can still make a profit, leaving Mexican pharmacies lower prices than seems more like an effort by the drug our citizens to pay the high costs asso- they charge Americans for precisely companies to increase their markets at ciated with research and development the same product. high prices, as opposed to dealing head of new drugs. And where has the Clin- It is not my intent to harm the re- on with policies that encourage them ton/Gore Administration been? In my search going on in the U.S. Drug com- to charge Americans more for prescrip- opinion it has done a wholly inad- panies should be able to recoup the re- tion drugs than they charge people in equate job of protecting Americans search and development costs for both Canada and around the world. from this form of price discrimina- unsuccessful and successful new drugs. While I did not hear much about this tion—it simply ignores the problem. But my constituents in Washington issue in my meeting, or in the days fol- I believe it is time to change the law and other Americans should not be lowing our meeting, I still want to hear so that Americans are no longer dis- forced to pay all of those costs for the from the drug companies on this ques- criminated against with respect to the rest of the world. tion. It is a vital one that needs to be cost of prescription drugs. The best I have talked to seniors, doctors and addressed, and since they are the ex- way I know to do that is to prevent others in our health care system about perts on this matter, I hope that they drug companies from selling any prod- these pricing problems, but I wanted to will come to me in the next few days uct in Canada or Mexico at a lower hear from the industry as well. So last with alternative ideas for correcting price than they sell it for in the United week, I asked the President of PhRMA this injustice. It may well be that States. and representatives from most of the there is a better idea than my own. If These are the principles found in the big drug companies why Americans pay so, I am anxious to hear it from the Robinson-Patman Act, a law Congress more than people in Canada or Mexico drug companies or from anyone else. passed more than 60 years ago to ad- for the same exact drug. They told me One company incidentally has already dress price discrimination in the that they shared my concern that made a constructive suggestion. United States. That act simply tells American consumers pay most of the Fortunately, I have also heard from manufacturers that they can’t act to research and development costs associ- several of my colleagues on this idea, undermine one business by selling the ated with making new medicines. I was and the news is good for American fam- same product to a competitor at dis- pleased to hear that we were on com- ilies frustrated by this inequity. Sev- counted rates, unless the price dif- mon ground in that area. eral Republican Senators have com- ference is due to legitimate quantity Unfortunately, I was left with the mitted to supporting my idea and the discounts. impression that the pricing issue is not majority leader has expressed interest. What will this proposal mean? Once a top concern to the drug companies. I suggest that this is serious incentive drug companies have the incentive to Instead of engaging me in a real discus- for the drug companies to develop some charge non-discriminatory prices over- sion about the pricing issue and the ideas. Otherwise, I am prepared to in- seas and other countries pay a fare vast difference between the cost of troduce my proposal promptly.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2092 CONGRESSIONAL RECORD — SENATE April 4, 2000 Let me be clear that I recognize the Mr. FEINGOLD. Mr. President, reconciliation vehicle to move that importance of biopharmaceutical re- America’s economy is strong. The Na- massive tax cut bill through the Con- search. Some of the cutting-edge re- tion is enjoying the longest economic gress. As my colleagues know, rec- search going on today may one day expansion in its history, at 107 con- onciliation comes with a 20-hour limit open up new avenues of science that secutive months and counting. Last on debate, so that no one can debate it will help crack the code of complex Friday’s papers reported that the at length. Reconciliation bills can pass human illness and aid in finding treat- fourth quarter of 1999 grew at a blis- with a simple majority, so the major- ments and cures for those in need of tering 7.3 percent, the fastest quarterly ity does not have to reach consensus or improved medicine. The United States rate since 1984. We have the lowest un- compromise with others, as the rules of is the global leader in biotechnology. employment rate in three decades, and the Senate otherwise require. The rec- As we work on proposals to help the home ownership is at its highest rate— onciliation process prevents bringing American consumer afford prescription at 67 percent—on record. up any tax cut that the majority of the drugs, I will be mindful of the fact that As the old saying goes, ‘‘[V]ictory Finance Committee does not bring up we don’t want to undermine this im- finds a hundred fathers but defeat is an for us. In terms of real world con- portant industry. orphan.’’ There is an economic cor- sequences, the only value of this budg- That said, the current system hurts a ollary: The advocates of hundreds of et resolution is as a tax cut delivery lot of people, and leaves a lot of Ameri- policies claim to have fathered eco- device. cans feeling ripped off. The list of those nomic growth, but none admit to have Sadly, as well, this budget continues who are discriminated against because spawned recession. the gimmickry of the last few years in of these unfair pricing policies includes While certainly several causes con- connection with the annual appropria- the 40 million Americans who are unin- tributed to the current economic ex- tions process. We all have seen this pattern before. The budget resolution sured and those seniors without drug pansion—among them technological in- begins with an unrealistic appropria- benefits who pay higher prices at the novation, free markets, and harder- tions level to pave the way for fiscally drugstore cash register than just about and longer-working workers—there can irresponsible tax cuts. The appropri- anyone else in the world. It affects the be no denying that a key contributor ators try to live within it by using one to our booming economy has been the cost of health care insurance and also gimmick after another, and then, at Government’s fiscal responsibility is a growing problem for our doctors, the end of the year, the President and since 1993. hospitals, and nursing homes as more Congress negotiate a final spending In 1992, the Government ran a unified of the total of health care spending is package far above the levels originally budget deficit of $290 billion and a non- allocated to drug costs. provided for in the budget resolution. The other group that gets hurt is the Social Security deficit of $340 billion. I am sorry to say, we are well down drug companies themselves. Because of When President Clinton took office in that road again this year. This budget these backward pricing policies, the 1993, the Congressional Budget Office resolution advertises appropriations drug companies have become the new greeted him with a projection that the levels—at $596 billion—halfway be- ‘‘health care villains.’’ In my State, I unified budget deficit would climb to tween a freeze and what is needed to hear constantly from constituents who $513 billion in 2001. Instead, CBO now fund current services. But the resolu- rail against the drug companies for projects that in fiscal year 2001, the tion actually gives the Appropriations charging them hundreds of dollars Government will run a unified budget Committees a much lower level than more than what they would pay in Can- surplus of $181 billion and a non-Social either of these with which to work. ada. For years, the drug companies Security surplus of $15 billion. Read the fine print in section 209 of were respected for their innovative Our responsible fiscal policy means this resolution, in the numbers in func- products, the risk they were willing to that the Government has borrowed less tion 920, and on page 2 of the com- take to improve our health, and the from the public than it otherwise mittee report. As our ranking member medical advances they created. Those would have, and indeed has paid down on the Budget Committee, the distin- good feelings have been earned, and debt held by the public. No longer does guished Senator from New Jersey has while they have not been destroyed, the Government crowd out private bor- already pointed out, there we find that that reputation is at risk by the com- rowers from the credit market. No this resolution actually gives the Ap- panies’ unwillingness to step forward longer does the Government bid up the propriations Committee $541 billion, on the pricing issue. price of borrowing—interest rates—to the cap levels for fiscal year 2001. That And specifically, their reputation is finance its huge debt. Our fiscal policy is $45 billion less than a freeze. What is at risk when they do not speak out has thus allowed interest rates to re- this? loudly against policies that cause harm main lower than they otherwise would This is a recipe for gridlock, just like to their very best customers—Amer- be, and millions of Americans have re- last year, and the year before. This ican families. alized savings on their mortgages, car budget resolution simply invites a I hope they will speak out. But Con- loans, and student loans. In this favor- giant, omnibus appropriations measure gress can no longer allow other coun- able credit market, businesses large at the end of the year, instead of work- tries to get away with policies that and small have found it easier to invest ing our way carefully through the 13 force drug companies to discriminate and spur yet more new growth. regular appropriations measures. This against American consumers by charg- But just as victory engenders mul- budget resolution invites even more ing dramatically lower prices in Can- tiple claims of fatherhood, a surplus budget gimmickry than last year, in ada and Mexico and thus higher prices seems to breed ready ways to spend it order for the appropriators to live here at home. Other countries must away, and the greatest single threat to within these unrealistic levels. And it pay a fair share of the research and de- that surplus, to responsible fiscal pol- does so simply to advance a tax cut velopment costs for new drugs. Seniors, icy, and to the strong economy to that is too big and would stick our kids the uninsured, and every other Amer- which it has contributed is represented with the bill. ican should be able to walk into their by the budget resolution before us I would suggest, this is no way to neighborhood drug stores and buy the today. This budget would spend away govern. Rather than playing another medicines they need at affordable all of the non-Social Security surplus year of budget chicken, Congress prices. in one fell swoop on a massive tax cut should work with the President to The PRESIDING OFFICER. The Sen- plan reminiscent of the early 1980s. The reach a consensus on fiscal policy. ator from Wisconsin. budget would launch this irresponsible Rather than force a giant train wreck Mr. FEINGOLD. Mr. President, I ask tax enterprise before having taken any at the end of the year, Congress should unanimous consent that the time come steps to save Social Security or to re- work on a responsible budget at the be- off the time for general debate of the form Medicare or to lock away on- ginning—right now. resolution rather than the pending budget surpluses to pay down the debt. Mr. President, regrettably, this budg- amendment. This budget does more than merely et resolution is yet another missed op- The PRESIDING OFFICER. Without portray those tax cuts. This budget portunity. I urge my colleagues to op- objection, it is so ordered. resolution would create a fast-track pose it.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2093 I yield the floor. States penalizes persons for tying the they are the best department of edu- The PRESIDING OFFICER. The Sen- knot, for becoming committed in the cation, they are the best department of ator from Missouri. durable, lasting relationship of mar- health and assistance that we could AMENDMENT NO. 2914 riage, we find ourselves in a very sorry ever expect in a culture. They are the Mr. ASHCROFT. Mr. President, I be- state. core of what our civilization is all lieve that at this time it is appropriate We need to provide relief. We need to about. For us to charge extra to indi- for me to make remarks about the correct this terrible mistake in our viduals who form these families is sim- marriage penalty reduction. I am Tax Code which discriminates against ply wrong. pleased to have this opportunity. I the fundamental societal value of mar- This is a measure which brings com- thank my colleagues for making it pos- riage. The Tax Code simply must stop mon sense to the Tax Code, as strange sible to have this time scheduled. penalizing Americans just because they as that may be. We need more common Before I begin my remarks, I ask make the right decision and they sense in the Tax Code. We need less of unanimous consent to add Senator choose to get married. the pernicious discrimination against SESSIONS as a cosponsor of the amend- Incidentally, this isn’t only a penalty wholesome, healthy institutions such ment. on young people. Frequently, this pen- as marriage. The PRESIDING OFFICER. Without alty hits older Americans as well. In It is with that in mind that we objection, it is so ordered. my home State of Missouri, there are should work to mitigate the damage Mr. ASHCROFT. Mr. President, the 573,000 couples affected by the marriage imposed on America by the marriage budget resolution before us is a respon- penalty in the Tax Code. penalty in the tax law. As a result, we sible framework for spending. I believe This bill is a raise in pay for the 25 have offered this amendment and look sincerely that Senator DOMENICI has million hard-working families nation- forward to its adoption by the Senate, done a superb job in creating this budg- wide who have been paying a penalty and eventually to its signing by the et. He deserves our praise. His budget because they have been married. It is President of the United States, liber- will fully protect Social Security over time for us to signal to that population ating individuals who deserve to have 5 years while balancing the important that no longer will we take it out on the resources they earned to support goals of debt reduction, tax relief, and you. Because you have had the honor their families left in their hands and prudent spending levels. and the integrity and the foresight and not confiscated as a result merely of One of the important goals allowed the commitment to each other, and the their marriage by the Federal Govern- by this budget resolution is the reduc- good will to foster a family, no longer ment to spend in its programs. tion of the marriage penalty. I rise in will we penalize you taxwise. In my That will be a happy day not only for favor of the Hutchison-Ashcroft- own State, it will put more money in the married people who will be released Brownback amendment calling for the household budgets of those half from this kind of penalty, but it will be marriage penalty relief. I am happy to report that the relief million or so married couples. a happy day for this culture because it called for in this amendment should be We hope to pass this needed tax relief will signal that, indeed, we favor an in- arriving very shortly. Just today, the by tax day when millions of Americans stitution that means so much to us: Finance Committee filed a plan to in- feel the tax burden most acutely. long, durable, lasting relationships, crease the marriage penalty relief I predict that the President, when he through the commitment of marriage, passed by the House. Some people have gets this bill, will not veto it. I predict which provides the basis for our best referred to this as a tax cut for married that he will, instead, recognize the families. It is with that in mind we individuals. Frankly, I like the way need to help keep hard-working moms have sponsored this amendment. I look Senator HUTCHISON labels this par- and dads in a position to provide for forward to its adoption. ticular measure. She calls it a tax cor- their children and not to discriminate I yield the floor. rection. against them merely because they are The PRESIDING OFFICER. The This is an effort which is designed to married. Democratic whip. take some of the penalty out of being When the time comes, I believe the Mr. REID. The Senator from Nevada married. The Finance Committee plan, President will choose to liberate Amer- is not here, so the Senator from Or- which the budget resolution antici- ican families from paying an out- egon, Mr. WYDEN, will speak, as if he pates, makes the income brackets for rageous $29 billion per year fine for were next. His time and that of Sen- couples in the 15-percent and 28-percent being married, for having that durable ator BRYAN will be taken off the tax brackets double that of single fil- lasting commitment in our culture. Hutchison amendment. ers. It increases the standard deduction I look forward to a future in America I also ask unanimous consent that and alleviates marriage penalties in where men in this country will no following Senator WYDEN and Senator the EITC, the earned-income tax cred- longer have to visit an accountant be- BRYAN, Senator BROWNBACK be recog- it, and the AMT, the alternative min- fore they ask the woman’s father for nized for 15 minutes. imum tax. This plan, passed by the the daughter’s hand in marriage. The PRESIDING OFFICER. Without committee, improves upon the initial I think it is time for us to say we do objection, it is so ordered. finance bill which, in turn, improves not want the Government standing be- The Senator from Oregon is recog- upon the bill passed by the House. tween individuals who might otherwise nized. As a result of these improvements, be married and charging a toll that AMENDMENT NO. 2915 more people will receive more needed does not just last like the few days of Mr. WYDEN. Mr. President, the Robb relief from the marriage tax penalty. a marriage license but becomes a re- amendment on prescription medicine We need this relief because our Tax current toll that, on average, in this tells senior citizens and families across Code discriminates against the funda- country constitutes about $100 a month this country that the Senate is listen- mental societal value of marriage. for married couples who suffer this ing to them. I would like to pause for a moment to penalty. This amendment tells those seniors say how important it is for us to have, I rise to support this amendment. It and all of those families—and I have as policy in this country, an approach is an amendment that should har- been contacted by more than 4,000— to institutions that are crucial to our monize the Tax Code of the United that getting prescription drug coverage success and survival which is non- States with the culture of this country for older people under Medicare is a discriminatory and not hostile. I can- and with the values of this country. priority of this Congress and a priority not think of any institution that It is outrageous, to say the least, that has to be addressed now. Pass the means more to the future of the United that when couples want to get married Robb amendment and you don’t get States of America than the institution they have to pay the equivalent of a into a situation where, at the end of of the family. There is very little that tax fine or a tax penalty in order to get the session, somebody says, gee, there could possibly mean more to a family married. just wasn’t enough time; we just than the potential of having marriages. We need to have families with dura- weren’t able to address that prescrip- When we find ourselves in a setting ble, lasting relationships. Families are tion drug issue; it’s too bad, we will where the Tax Code of the United the best department of social services, have to wait until the next Congress.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2094 CONGRESSIONAL RECORD — SENATE April 4, 2000 I think it is particularly important league and friend, Senator SMITH, and I suffers a stroke because they could not to pass the Robb amendment now behave met at townhall meetings who get their medicine on an outpatient cause it builds on the important work, came to us and told us, as so many sen- basis. the important progress that was made iors have said to me: I cannot make I am going to wrap up by describing in the Budget Committee. ends meet. My Social Security went up what really brought this problem home I particularly commend my colleague by only a little bit, and my prescrip- to me and my friend from Oregon, Sen- from Oregon in the chair today, Sen- tion drug bill went up hundreds of dol- ator SMITH. We have been to Hillsboro ator SMITH, and also Senator SNOWE, lars during that period of time. in our State many times. Recently, I for their courage. The two of them The Robb amendment says that we got a letter from a physician in Hills- have worked with me and others for have been listening to those older peo- boro who told me he had to put a sen- more than 15 months as a result of the ple; that we understand this issue is a ior citizen in a hospital for 6 weeks be- concern of older people. We thought it priority for them, this issue is so im- cause that older person could not af- was time to come together on a bipar- portant that Congress is not going to ford their medicine on an outpatient tisan basis and get this relief for older go home until it has been addressed. I basis. When the physician in Hillsboro, people now. was very proud of what was done in the in our home State, put the older person I have come to the floor more than 25 Budget Committee. I think my colin the hospital, they were able to get times in the last few months to de- league from Oregon and Senator help under Part A of Medicare, the hos- scribe the problem of seniors who are SNOWE, because of the many discus- pital portion of the program. But the supposed to be taking three pills but sions we had, were under a tremendous Government could have saved money they can only afford two. They are amount of pressure when that discus- with the effort that is behind the Robb breaking their Lipitor capsules—the sion came up because it was a very amendment and what we tried to start ones that help lower cholesterol and tense moment. in the Budget Committee. We could various blood pressure problems—in I think my colleague from Oregon have gotten help for that senior in half because they can’t afford their said it well, and the Robb amendment Hillsboro, OR, in a most cost-effective medicine. reflects this also: This is time to be on way, more quickly, and in a way that So in the Budget Committee, as a re- the right side of history. This is time would have left the older person more sult of the work of my colleague from to revolutionize American health care. comfortable because they would have Oregon, Senator SMITH, and Senator In effect, the revolution in American been in the community rather than in SNOWE, we have made a good bipartisan health care has bypassed the Medicare a hospital. start. We locked in $40 billion to spend program. These medicines today help So I only ask, as we continue this de- on prescription drugs, and we said older people stay well. They help folks bate—and I gather it will go into to- there was a sense of urgency because lower their blood pressure and choles- morrow—that we focus on building on the Senate Finance Committee ought terol. Now we have a chance, using the progress that was made in the to act on or before September 1, and if competitive marketplace principles, to Budget Committee, to a great extent they didn’t, it would be possible to come together and put this program in because two of my colleagues, Senator come directly to the floor of the Senate place. SNOWE and Senator SMITH, showed real and bring this issue up so that the Senator DASCHLE has emphasized in courage in working with us. If we pass American people could see who was on talking to me on almost a daily basis the Robb amendment, we build on that the side of covering prescription drugs how he wants to bring the Senate to- important progress and again dem- for older people. gether on this issue. The chairman of onstrate to the older people and the The older people, right now, get shel- the Budget Committee was very pa- working families of this country we are lacked twice. Medicare isn’t covering tient in working with us as we tried to listening to them. these important therapies. There is not deal with this issue in committee. The With that, I yield the floor. a specialist in health care, Democrat or Robb amendment compliments those The PRESIDING OFFICER. The Sen- Republican, who would not offer this efforts, builds on those efforts by mak- ator from Nevada. coverage if they were reinventing ing it clear that Congress should not Mr. BRYAN. Mr. President, I rise in Medicare today. But in addition to not leave for this session until we have put strong support of the amendment of- getting coverage, those older people this important program in place. fered by Senator ROBB, the effect of and their families are subsidizing the For the older people of this country which would be to tie the consideration big buyers. If you are in a small phar- who average 18 prescriptions a year, 20 of any tax cut to enactment of legisla- macy in rural Oregon or rural Min- percent of whom spend over $1,000 a tion to provide a prescription drug ben- nesota, or in another community year out-of-pocket on their medicines, efit under the Medicare program. across this country, in effect, if you when they see the Robb amendment For many in the viewing audience, don’t have prescription drug coverage, get passed by the Senate, they will say, this process may seem obscure and con- you are out there subsidizing the big finally, Congress is listening to us. My voluted, but the budget is really an op- buyers, the health maintenance organi- friend and colleague from Oregon and I portunity for us as a party and as indi- zations and the health plans that do. have had the experience where seniors viduals to make the case in terms of So the start we made in the Budget brought their bills to us at these ses- our priorities. We have a fundamental Committee by making sure there would sions. When we pass the Robb amend- philosophical difference with our be an adequate amount of money to ment, we will make it clear to those friends on the other side of the aisle put this program in place, to make seniors and working families that we who have offered a majority resolution sure we had a timetable to get the job have heard them. There is not a spe- which, in my judgment, does not re- done, so that Congress could not duck cialist in the health care field, Demo- flect the priorities of the country. this issue and would have to see action crat or Republican, who now doesn’t In my view, our priorities ought to be by the Finance Committee or face the believe that prescription drugs ought to reduce the national debt. We have prospect early this fall of dealing with to be part of this program. This is a made enormous progress in the last 3 it on the floor of the Senate—that chance to revolutionize American years. We have an opportunity to con- progress in the Budget Committee is health care, to concentrate on keeping tinue that progress. something we would build on with the people well. Parenthetically, virtually every Robb amendment. Just one brief example: If we can get economist, as well as the Chairman of The Robb amendment makes it very anticoagulant medicines covered for the Federal Reserve Board, has made clear that Congress cannot duck this older people, which is something the the case to us in the Finance Com- issue, and budgets are about more than Robb amendment would make possible, mittee, on which I am privileged to numbers; they are about more than it might cost $1,000 a year for seniors serve, in the Banking Committee, and charts and graphs and cold figures. The to get help with that medicine, and we generally before other committees in Robb amendment reflects the hopes could end up saving $100,000 in costs in- this Congress, that the most important and aspirations of our seniors and our curred by Part A of Medicare, the hos- thing we can do is to reduce the na- working families—the ones my col- pital program, when an older person tional debt. But I believe it is entirely

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2095 appropriate to take some of that sur- $17,000 annually. I don’t think anyone Mr. BROWNBACK. Mr. President, I plus and provide a prescription drug would conclude that $17,000 of total an- rise today to speak on the issue of the benefit. nual income for a couple is adequate, marriage penalty. And to speak in sup- The budget resolution before us of- and few I think would consider them- port of the pending amendment to the fered by the majority would dedicate 98 selves securely entrenched in the mid- budget resolution offered by myself and percent of that surplus to finance tax dle class if they were making $17,000 a by my colleagues, Senator KAY BAILEY cuts. In my view, that is not an appro- year combined. This is yet another rea- HUTCHISON, and Senator JOHN priate priority. The priority, in my son we need universal coverage—a pol- ASHCROFT. judgment, is to provide a Medicare pro- icy that is affordable with Medicare I have addressed this issue often, and gram with prescription drug benefits. prescription drug benefits. I think Senators are familiar with it. In 1956, when Lyndon Johnson and Medicare is an extremely popular This is a sense-of-the-Senate resolu- Congress enacted Medicare, it reflected program. Prior to 1965, seniors faced a tion. a comparatively contemporary pro- great deal of uncertainty when they Our sense-of-the-Senate is simple. It gram. Prescription drugs were not a needed medical care. The private sec- simply states that the Congress should major part of the health care of Ameri- tor had not responded by providing pass marriage penalty tax elimination cans. Today, nobody would argue, if we adequate, affordable insurance options, legislation that begins a phase-out of were adopting Medicare, that it should and indeed almost all of the elderly in this penalty in 2001. That the marriage exclude prescription drug benefits. America in 1956, 35 years ago, before penalty tax legislation considered does Older Americans deserve the same ben- the enactment of Medicare, had no cov- not discriminate against stay at home efits of modern science the rest of us erage at all. They were uninsured. spouses and that the Congress should enjoy. With the creation of Medicare, we consider this legislation before April Prescription drugs are frequently the made a promise to our seniors that 15, 2000. best and indeed the only way to treat they would have affordable, adequate In our resolution, we note that the many of the diseases faced by the el- health care coverage. marriage penalty tax affects nearly derly. They have become an integral While the program has been im- half of married couples in America. part of the health care system—every mensely successful, Medicare today is I have a chart behind me that enu- bit as important as doctor visits, hos- in need of reform both to strengthen merates some of those States hit by the marriage penalty tax. You can see pital stays, and other health care serv- and to modernize the program. We have Kansas with 259,904; in Oregon, 329,289 ices. Yet many seniors don’t have pre- fallen behind in our commitment to couples. That is times two-plus fre- scription drug coverage, and most of those promises. We are once again quently because they will have chil- those who do often have inadequate faced with a situation in which the pri- dren. coverage. Thirty-four percent have no vate sector has not provided adequate, We just heard from the Senator from coverage at all—more than one-third of affordable insurance options for pre- Nevada—146,142 in that category. those on Medicare have no prescription scription drugs, and three-fourths of You can see this is a broad-based tax, drug coverage at all. And another 42 the Medicare beneficiaries lack mean- a broad-based penalty. This penalty percent lack meaningful coverage. By ingful drug coverage. needs to be eliminated. It is time we do that we mean the benefit is so modest, The addition of an affordable, uni- it. We have the chance to do that now it still requires a substantial amount versal Medicare prescription drug ben- in this body within the next couple of of out-of-pocket dollars to purchase the efit is only one step necessary in re- weeks. I hope it doesn’t get hijacked by prescriptions which their physicians forming the program, but it is a crucial partisanship. I hope that can be avoid- have prescribed for them. step. Medicare prescription drug cov- ed so we can move on. Many beneficiaries have chosen man- erage is necessary to update the pro- I applaud the chairman of the Fi- aged-care plans for access to drug cov- gram and to keep pace with the times. nance Committee, Chairman ROTH, for erage. What is occurring is most de- It is critical to keep our promise—ac- his important work on this legislation. structive: 325,000 beneficiaries lost cess to necessary care and protection Last week, they considered and passed their HMO coverage this past year. For from financial ruin—to the Nation’s a bill providing important marriage those who have not lost it in its en- Medicare beneficiaries. penalty tax relief to millions of the tirety, many are left with very skimpy If we were creating Medicare today, families suffering under this. They plans. Seventy-five percent of Medicare no one would suggest we should create only provide this relief in some narrow HMOs will limit coverage to less than a program without a prescription drug areas because the marriage penalty is $1,000 this year, and 32 percent have benefit. Anyone who votes against this throughout the Tax Code in about 66 imposed caps of less than $500. That is amendment will need to explain to his different places. We do not get it all. not meaningful coverage. or her senior constituents why we, as We do get at key ones. With 22 million beneficiaries spend- Senators, have a prescription drug ben- First, the standard deduction. We get ing more than $500 annually on pre- efit but the more vulnerable seniors 59 in that area of the marriage penalty. scription drugs, and drug costs topping among us do not. This year, for single taxpayers it is $9,000 for those seniors with cancer or It is critically important for this $4,400. However, for a married couple chronic diseases such as diabetes and Congress to provide prescription drug filing jointly, the standard deduction is heart disease, the current HMO cov- benefits. We have the opportunity to do only $7,350. Our bill is simple, clear, erage can hardly be considered ade- so. We have the circumstances with re- and fair: doubling the standard deduc- quate by any standard. spect to the budget that will permit us tion, making it $8,800 for married cou- Retiree coverage and Medigap are to follow our priorities of reducing the ples filing jointly. This change begins frequently no better. Retiree coverage national debt and providing a prescrip- for filers in 2001. is declining dramatically, and Medigap tion drug benefit as well. We should do Second, our bill widens the 15-percent policies are out of reach for many sen- so, and we should do so this year. tax bracket. Under current law, the 15- iors, with premiums averaging $1,360 a I thank the Chair. percent bracket for a single taxpayer year. Indeed, in some States premiums I yield the floor. ended at an income threshold of $26,250; greatly exceed that. For example, a 75- AMENDMENT NO. 2914 for married couples, it is $43,850, less year-old Mississippian faces a Medigap The PRESIDING OFFICER. The Sen- than double. If our bill were fully premium of $2,379. That is a lot of ator from Kansas. phased in this year, the 15-percent money. Most beneficiaries do not have Mr. BROWNBACK. Thank you very bracket would extend upward to an in- the ability to pay that. much. I thank my colleague from Ne- come of $52,500. In other words, it dou- Over half of the Medicare bene- vada for his comments. bles the 15-percent bracket. Whether ficiaries without prescription drug cov- I want to address the Hutchison single, or married and filing together, erage are in the so-called middle class. amendment. I ask that my time be taxpayers get the same total amount I think it is important to note what we charged to that amendment. that fits under the 15-percent bracket. are talking about by ‘‘middle class.’’ The PRESIDING OFFICER. Without Again, it seems fair and equitable to do That is a couple earning greater than objection, it is so ordered. it that way.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2096 CONGRESSIONAL RECORD — SENATE April 4, 2000 Third, our bill applies the same prin- deduction amount should be allowed married curity trust fund was in the period of ciple of bracket widening to the 28-per- taxpayers who choose to file jointly as two 1947 to 1949. Again, I think this will be cent bracket as I enumerated and list- individuals who file separately. a historic year. ed in the 15-percent bracket. Thank you for your attention to this mat- It is worth recalling where we were ter. only 5 short years ago, to put this in Fourth, our bill increases the phase- Sincerely, perspective. At that time, President out range for the earned-income tax MARK. credit. This is another way that most Clinton, after shepherding through the That is basic and makes pretty good people do not realize that the marriage largest tax increase in the history of sense. penalty is impacting couples. The low- our country, sent Congress a budget in Another letter: income families with children can 1995 that would have spent every penny incur a significant marriage penalty DEAR SENATOR BROWNBACK: I would like to of the Social Security surplus and still thank you for expressing your ideas and left annual deficits stuck at about $200 because of current limits on the opinions on the marriage penalty tax to the earned-income tax credit. If both billion for the foreseeable future. That senate on behalf of the Kansas taxpayers. includes this year. In other words, the spouses work, the phaseout of the EITC Doubling the standard deduction for mar- on the basis of their combined income ried couples, and doing so as quickly as pos- Clinton tax increase of 1993 only paid can and does lead to the loss of some or sible, lessens the blow with which nearly 21 for new spending. According to the all of the EITC benefits to which they million couples are hit every year. I have President’s own budget in 1995, it did would be entitled as singles. Our bill seen many people struggle with their taxes not bring and never would bring the works to begin fixing this problem, as each year and I am writing on behalf of these budget even close to balance. people to recognize you for your tremendous The Clinton budget of five years ago well. Our bill helps families at all in- effort to make their lives easier. come levels. projected a deficit that would have Finally, our bill permanently extends I have a number of letters from dif- amounted to roughly $289 billion this the provision that allows the personal ferent individuals. Any Member in this year alone. not counting Social Secu- nonrefundable credits to offset both body checking their e-mail inbox will rity. I recall that the Senate unani- the regular tax and the minimum tax. find the exact same thing. People know mously rejected this proposal on May That is the nuts and bolts. I think about the tax and don’t think it is fair 19, 1995. Congress then went on to chart the best way to talk about the mar- and we cannot explain why it is right a different course, and, as a result, we riage penalty is from people who con- because it isn’t right. managed to balance the budget, protect tact my office and write in, the people It is time we do away with this pen- the Social Security surplus, begin pay- I meet with who talk about the mar- alty. We have a chance this week to ing down the public debt, provide mod- riage tax penalty. They are fed up with pass the budget resolution and to send est tax relief, and free up additional reit. They don’t see it as fair; it doesn’t a sense-of-the-Senate resolution to the sources to devote to other national pri- make sense. They wonder why on Earth rest of the body next week to pass this orities, like health care, education, and their Government penalizes them for bill. This is only a prelude to next defense. Balance was even achieved four years earlier than initially antici- the privilege of being married; Isn’t it week when we get a chance to actually pated under the alternative budget we tough enough without this? pass the elimination of the marriage Listen to some of the letters I have penalty. adopted in 1995. But there is still much to do. The received. They are clear in asking: Why I call on my colleagues to support resolution reported by the Budget am I being penalized for being married? this underlying resolution by Senator HUTCHISON from Texas, Senator Committee builds upon past progress TOPEKA, KS. by ensuring that we will protect the DEAR SENATOR BROWNBACK, I am a college ASHCROFT, and myself, and next week student at Washburn University. My to vote in favor of eliminating the mar- entire $976 billion surplus that is ex- girlfriend and I have been thinking about riage penalty. It is time to do it. pected to accrue to the Social Security getting married for several months. I yield the floor and I suggest the ab- trust fund over the next five years. As part of the planning we went through sence of a quorum. Setting this precedent against using our finances. I checked our taxes and found The PRESIDING OFFICER. The the Social Security surplus for other that if we were married this year, we would things is perhaps Congress’ greatest ac- have paid $200 extra in Federal taxes. clerk will call the roll. Mr. KYL. Mr. President, I ask unani- complishment during the last two Granted that may not sound like much, years. but at $9 and change an hour, $200 is a lot of mous consent that the order for the The FY2001 budget would cut the money. quorum call be rescinded. public debt by an additional $184 billion I calculated how much we could be making The PRESIDING OFFICER (Mr. in a few years and found that we will pay in fiscal year 2001, and by nearly $1 BROWNBACK). Without objection, it is so $600 more for being married than just shack- trillion over the five-year period. It ordered. ing up. would accommodate a modest amount Basically, we have to pay $600 for the privi- Mr. KYL. Mr. President, I will com- of tax relief—$13 billion next year— lege of being married. ment briefly on the budget resolution still leaving over $2 trillion flowing to I always thought the government tried to generally, but I also recognize Senator the Treasury. After accounting for the reward constructive, positive behavior HUTCHISON, primarily, and many others through the tax code, but it is punishing one proposed tax relief, non-Social Secu- who have been working a long time for rity surpluses would still amount to $8 of the most socially stabilizing behaviors, the repeal of the marriage penalty marriage. billion next year and $20 billion over We don’t think we or anybody else should which this budget accommodates. the next five years. be punished for being married and hope you We will have a historic vote in the Let me stop for a moment to discuss can do something about it. Senate tomorrow morning. I think our taxes more fully. According to the non- DAVID. leadership—the Senator in the Chair, partisan Tax Foundation, the total tax the Senator from Texas, and many oth- burden dipped slightly in 1998. That’s DEAR SENATOR BROWNBACK: I am writing to ers—deserves a lot of credit for bring- the good news. The bad news is that express my support for The Marriage Tax ing to fruition our efforts to eliminate Elimination Act recently passed in the Americans still spent more on federal House of Representatives and to urge you to this marriage tax penalty. I think to- taxes than on any of the other major vote in support of this measure when it morrow, as a result, will be a historic items in their household budgets. For comes to the Senate. day. the median-income, two-earner family, This legislation would address a serious in- The budget resolution that we began federal taxes amounted to 39 percent of equity in current tax law by eliminating the considering will result in a balanced the family budget—more than what disparity that exists with respect to the Federal budget now for the third year they spent on food, housing, and med- total ‘‘standard deduction’’ allowed two mar- in a row. As in the budgets of the past ical care combined. ried taxpayers versus the total ‘‘standard de- 2 years, it will also balance the budget duction’’ allowed two single taxpayers. Tax According to the Tax Foundation, policy should not discriminate either in without relying on one dime of the So- the total tax burden is still very high favor of or against two individuals with re- cial Security surplus. The last time in historical terms. In 1955, the total spect to their decision to be married (or not Congress balanced the budget 3 years tax burden was about 17.9 percent com- be married). Rather, the same total itemized in a row without raiding the Social Se- pared to the 39 percent it totalled in

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2097 1998. The largest growth occurred in tract and keep qualified people in uni- Mr. KERREY. Mr. President, I ask payroll taxes, and state and local form; purchase badly needed new equip- unanimous consent to speak in morn- taxes. Adjusting for inflation, the total ment, spare parts, and maintenance; ing business for up to 20 minutes. of all taxes paid by the two-earner fam- improve training; and defend the The PRESIDING OFFICER. Without ily in 1998 was 4.9 times greater than in United States from the growing threat objection, it is so ordered. 1955. of ballistic missile attack. Yet even Mr. KYL. Mr. President, might I ask These year-to-year comparisons pro- this increase merely kept defense what the subject matter is? vide a useful gauge, but ultimately, the spending on pace with inflation. Mr. KERREY. Nuclear weapons, the goal should be to set tax rates as low So the Budget Committee’s rec- Senator’s favorite subject. as possible after the federal govern- ommendation to put more money to- Mr. KYL. I have no objection. ment has met its obligations. The sub- ward defense in this next budget rep- The PRESIDING OFFICER. Without stantial surpluses that are projected resents a step in the right direction objection. Mr. KYL. Mr. President, might I ask alone suggest that we can and should and a good effort to set priorities. the indulgence of the Senator from Ne- provide additional tax relief. The Committee identified other high Another observation: According to priorities, as well, and recommended braska to read some brief remarks for Census Bureau data, the labor-force allocating significant increases toward the leader regarding the remainder of participation of married women, as a them. For example, the Committee the day? Mr. KERREY. I am pleased to yield proportion of all married women, has budget would fund education at a level the floor. nearly tripled from 23 percent in 1951 to that is $13 billion higher than last 62 percent in 1997. Some of that in- year—$600 million more than the Presi- f crease, no doubt, can be attributed to dent requested. It would increase MORNING BUSINESS women pursuing their career goals, and spending on veterans health by $1.1 billion, and provide a like increase for the Mr. KYL. Mr. President, I ask unani- that is a good thing. We want our mous consent that there be a period for mothers, wives, and daughters to pur- National Institutes of Health for medical research. It would reserve $40 bil- the transaction of morning business, sue their dreams and fulfill themselves with Senators permitted to speak for in the workplace. But I suspect that a lion over five years for a new Medicare prescription drug benefit. These are up to 10 minutes each. good part of the increase can also be The PRESIDING OFFICER. Without things the American people are telling attributed to the need for many fami- objection, it is so ordered. us are most important to them and lies to earn extra income to pay their f bills, including their tax bill. they want funded. We do that, in this More people in the labor force means budget. FAIRNESS IN ASBESTOS that tax rates do not have to rise sub- Of course, providing these increases COMPENSATION ACT stantially to produce more revenue for in high priority areas will mean that Mr. LOTT. Mr. President, I have been spending on other, less important ac- the government. But when more fami- asked whether I intend to call up for tivities will have to be restrained. But lies have to have two wage earners be- consideration on the Senate floor legis- unless we want to return to the days cause they cannot make ends meet, no lation that has been introduced in the when Congress raided Social Security one is left home with the kids. That is Senate with respect to asbestos. After to pay for other programs, or to the not such a good thing. providing tax re- conferring with the chairman of the days of big budget deficits, prioritizing lief will give more families the choice Senate Judiciary Committee, and the spending is key. We have come too far and opportunity to have one parent chairman of the subcommittee with ju- to abandon the discipline that has fi- stay home to raise the children. risdiction of this issue, it is clear that nally restored some order to the budget As for defense, the increase allowed a markup has not yet been scheduled, process. in the Committee budget is certainly I will conclude by talking just briefly and that extensive work would be need- not enough to repair the harm done by about one other aspect of this resolu- ed before the bill is ready for Senate the Clinton Administration’s under- tion. To ensure that we ultimately do floor action. I have also conferred with funding in previous years, but it builds what we say is intended here, the budg- the sponsor of the bill who informs me upon the start we made last year. et includes some important enforce- that since the bill was introduced, the Since the fall of the Berlin Wall 10 ment provisions. It would establish a consensus regarding this legislation, S. years ago, the strength of our nation’s 60-vote point order—that is, it would 758, between industry, the plaintiffs, military forces has shrunk from 2.1 effectively require a supermajority and other concerned parties, and million to slightly under 1.4 million ac- vote to run an on-budget deficit and among industry itself, appears to have tive-duty troops. Spending on the mili- thus make it harder to raid Social Se- deteriorated substantially. This bill is tary has declined 29 percent since 1989, curity in the future. It would similarly not ready for Senate floor action. The while spending on almost all other require a supermajority vote to declare Senate will soon be occupied with areas of government has gone up. De- spending as an emergency that is ex- budget, appropriations, tax and other fense spending has shrunk at the same empt from spending limits. It would es- legislation. For these reasons, and in time that our military has increasingly tablish a firewall to ensure that we all candor, the necessary floor time been called upon to carry out global abide by spending limits for defense will not be available to act on the Sen- peacekeeping, domestic disaster relief, and non-defense activities. And finally, ate asbestos bill this year. the war on drugs, and other less tradi- it would make it much harder to shift Mr. ASHCROFT. Mr. President, I ap- tional missions. appropriations into future years in preciate the majority leader’s com- While many of these objectives are order to avoid current-year spending ments and candor on this issue. important, they are often pursued limits. Last year I introduced S. 758, the without regard to the wear and tear I commend the Chairman and mem- Fairness in Asbestos Compensation Act they inflict on our troops and equip- bers of the Budget Committee for their in response to two Supreme Court rul- ment. If we continue to simultaneously work on this resolution, and particu- ings urging Congress to act on national increase demand on our forces and cut larly acknowledge the work of Sen- legislation that would fairly and effi- their budget, we will leave our country ators GRAMM, NICKLES, GREGG, and ciently compensate victims of asbes- vulnerable to potential aggressors. In- GRAMS, who helped hold the line on tos. As U.S. Supreme Court Justice deed, according to a review conducted spending and ensure that many of the David Souter wrote for the court in last year by the Pentagon, the U.S. budget gimmicks employed by Con- Ortiz versus Fibreboard: ‘‘The ele- could not today muster a force equal to gress and the President in recent years phantine mass of asbestos cases . . . that which won the 1991 Persian Gulf were not employed again. As a result of defies customary judicial administra- War so rapidly and decisively. their efforts, I think we have a much tion and calls for national legislation Last year, Congress reversed this better budget. . . . to date Congress has not re- trend by approving an $18 billion in- I urge support for this spending plan. sponded.’’ crease in defense spending to: improve The PRESIDING OFFICER. The Sen- It was my hope that this bill could the pay and benefits necessary to at- ator from Nebraska. serve to bring all parties together to

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It will be our first oppor- majority leader, the consensus regard- field of law enforcement by authoring tunity to thank them publicly for the ing S. 758 between industry, the plain- numerous books and articles on the sacrifice they made, the pain they suf- tiffs, and other concerned parties, and subjects of correctional administra- fered, and the trauma they endured to among industry itself, appears to have tion, juvenile justice, and community ensure that the flame of freedom would deteriorated substantially since S. 758 policing. He is a pioneer in his research never be extinguished. was introduced. into areas of police education, crimes Each and every one of those patriots, It is also clear that there is virtually against the elderly, and victims of Mr. President, those who died, those no time in the Senate to consider this crime in Mississippi. He is a leader in who returned, and those we are blessed bill this year. The Senate has a target his field as an active contributor to the to still have with us, shouldered adjournment date of October 6 this National Society of Police and Crimi- squarely the highest responsibility of year. Before adjourning, the Senate nal Psychology, the Mississippi Asso- citizenship; remained dedicated to the will work to repeal the Social Security ciation of chiefs of Police, the Inter- survival of our Nation; were willing to earnings limit, repeal the marriage tax national Association of Chiefs of Po- pay the highest price to preserve peace penalty, pass agriculture sanctions re- lice, the National Council on Crime and and freedom. And they risked it all form to open markets for American Delinquency, the Disabled Americans under the one symbol that summed up farmers and ranchers, timely pass the Veterans, and the Mississippi Correc- their strength and sharpened their budget and 13 separate appropriations tions Officers Association. courage—our bright banner of red, bills, reauthorize the Elementary and Mr. President, the distinguished ca- white, and blue. Secondary Education Act, give final reer of Colonel Tyler H. Fletcher asso- We are a Nation of images and sym- approval to legislation to combat the ciates him with the best of the best in bols, but that’s not a 21st century phe- methamphetamine crisis, and adopt the United States, surpassing the acco- nomenon. It has always been so. legislation to protect Social Security. lades of personal accomplishments and Throughout our history, we have been These issues will take up my time this awards only with the gift of inspiration captivated by scenes that seem to cap- year. And these issues are just a par- to future leaders and former col- ture all the emotion of a particular tial list of the ambitious agenda for the leagues. Colonel Fletcher is a great event—George Washington’s winter en- year. campment at Valley Forge, Robert E. In light of this situation, and the fact American, and his service to his coun- Lee’s last ride to Appomattox along a that the House appears to be taking a try, his profession, and his fellow man path lined by ranks of Union troops different approach entirely, I appre- serves as the benchmark by which we standing at attention, JFK’s funeral ciate the majority leader’s candid as- all should hope to achieve. cortege making its way to Arlington sessment of the legislative prospects f JOSEPH ILETO POST OFFICE across the Memorial Bridge. for this bill. Because it serves no pur- But the most poignant image of all— pose to represent that S. 758 will pass Mrs. FEINSTEIN. Mr. President, I the one that will live forever in the or be acted upon this year or in the fu- am very pleased that yesterday the hearts and minds of all Americans—is ture, I appreciate the remarks of the Senate unanimously passed a bill I in- the image of a handful of Marines majority leader. troduced to name a United States Post braced against a whipping Pacific wind, f Office after Joseph Santos Ileto. He raising the American flag over Iwo TRIBUTE TO COLONEL TYLER H. was the U.S. Postal Service employee Jima. FLETCHER of Filipino descent who was brutally That symbol of freedom that flies gunned down last August by the same Mr. LOTT. Mr. President, today I rise over the dome of the building in which man who opened fire on the North Val- to pay tribute to an extraordinary cit- we now stand, that adorns the flagpoles ley Jewish Community Center. This izen and public servant who has dedi- of our schools and communities, that cated his life to the noble endeavor of bill designates the new post office lo- graces the windows and doorways of law enforcement and the edification of cated at 14071 Peyton Drive in Chino our homes, that is draped in silent trib- those committed to this distinguished Hills, California as the ‘‘Joseph Ileto ute over the coffins of our dead—that profession. Tyler H. Fletcher of Hat- Post Office.’’ symbol deserves our protection. tiesburg, Mississippi, exemplifies the Joseph Ileto’s death on the job exem- It should not, under any—any—cir- qualifies of honor, courage, dedication, plifies the ultimate sacrifice of public cumstances be desecrated. And that is and service that reflect the out- service. He served our nation with why I support an amendment to the standing character of this former colo- honor and will be remembered by his U.S. Constitution to ensure that this is nel in the United States Army Military family, friends, and community as a so. Police. With the retirement of Colonel kind-hearted man who touched many The Constitutional Amendment pro- Fletcher on Friday, April 7, 2000, I ex- lives. Despite the tragedy of his death, posed by this resolution is surprisingly press my highest gratitude to him for we can take comfort in knowing that simple—astoundingly simple when over 50 years of service and leadership Joseph’s life will continue to touch compared to anything that emanates to the United States of America. others. from Washington these days. It does As an officer in the United States By passing this bill, Congress recog- not dictate a particular course of ac- Army Military Police, Colonel Fletcher nizes the urgent need to address and tion to the states. It does not threaten was recognized with the Police Medal condemn hate crimes and racism. Dedi- the separation of powers. It does not of Honor from the Republic of South cation of the newly constructed post set a complex set of rules and regula- Vietnam, three Legion of Merit awards, office in Joseph’s hometown is the very tions that require a team of lawyers to the Bronze Star, an Army Commenda- least we can do to honor a man who interpret. It does not change the integ- tion, and four Meritorious Unit Cita- gave his life to his country. The com- rity of the Constitution. And it does tions. After retirement from the Mili- panion legislation, sponsored by Con- not cost the taxpayers one cent. The tary Police in 1971, Colonel Fletcher gressman GARY MILLER, has already entire amendment is contained in a continued his exemplary service as as- passed. It is my hope that the bill will single sentence: ‘‘The Congress and the sociate professor and chairman of the be signed into law expeditiously. States shall have power to prohibit the department of criminal justice at the f physical desecration of the flag of the University of Southern Mississippi, United States.’’ THE FLAG DESECRATION ACT garnering the distinction of Who’s Who To those who maintain that this in American Law Enforcement in 1978 Mr. FRIST. Mr. President, in less amendment would be a violation of and the Excellence in Teaching Award than a month’s time, we will celebrate First, I quote perhaps the greatest pro- in 1980. the first Memorial Day of the second ponent of First Amendment freedoms, Colonel Fletcher’s extraordinary ac- millennium, our first opportunity in Supreme Court Justice Hugo Black, complishments in the professional this new century to honor and salute who stated, ‘‘It passes my belief that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2099 anything in the Federal Constitution we are free to assemble peacefully. We Today our nationally significant es- bars making the deliberate burning of are free to speak and publish without tuaries are threatened by pollution, de- the American flag an offense.’’ Let me fear of censorship. We are free to wor- velopment, or overuse. With 45 percent repeat: ‘‘It passes my belief that any- ship without interference; free from of the Nation’s population residing in thing in the Federal Constitution bars unlawful search and seizure; and free to estuarine areas, there is a compelling making the deliberate burning of the choose our leaders. It is these freedoms need for us to promote comprehensive American flag an offense.’’ that define what it is to be an Amer- planning and management efforts to Let us not let one more Memorial ican. restore and protect them. Day pass without clarifying and codi- In its more than 200 years, the Con- Estuaries are significant habitat for fying that protection. Let us not let stitution has been amended only 27 fish, birds, and other wildlife because one more soldier, sailor, airman or ma- times. With the exception of the Eight- they provide safe spawning grounds rine nobly and unselfishly risk his life eenth Amendment which was later re- and nurseries. Seventy-five percent of without honoring him and the ideals pealed, these amendments have re- the U.S. commercial fish catch depends for which he is willing to die, without affirmed and expanded individual free- on estuaries during some stage of their protecting the most sacred and visible doms. This Resolution would not have life. Commercial and recreational fish- symbol of his freedom. expanded our rights. This Amendment, eries contribute $111 billion to the na- Let us not let one more minute pass, instead, would limit individual free- tion’s economy and support 1.5 million without enacting into law, and sending dom. jobs. Estuaries are also important to to the states, this amendment to pro- As I think about this effort to amend our nation’s tourist economy for boat- tect the flag under which so many—so the Constitution, I cannot help but ing and outdoor recreation. Coastal many—were willing to, as one soldier- conclude that in a free society, respect tourism in just four states—New Jer- poet put it, ‘‘taste death in youth so cannot be mandated. It springs from sey, Florida, Texas, and California—to- that Liberty might grow old.’’ the heart. Furthermore, it seems ironic tals $75 billion. Mr. CHAFEE. Mr. President, last that the Senate would endeavor to pro- Due to their popularity, the overall week the Senate engaged in an emo- tect this symbol of freedom by acting capacity of our nations’s estuaries to tionally charged debate about one of to limit the very freedom it represents. function as healthy productive eco- I am gratified to know that Senator our nation’s most precious and beloved systems is declining. This is a result of BOB KERREY, the only Member of the symbols, the flag. American history is the cumulative effects of increasing de- Senate who holds the Congressional rich with examples of the significance velopment and fast growing year round Medal of Honor, and General Colin of our flag. Francis Scott Key’s lyrics populations which increase dramati- Powell, a living symbol of patriotism, equate our ‘‘star spangled banner’’ cally in the summer. Nowhere is this with the essence of our national iden- also oppose this Resolution. My heartfelt belief that this is the more pronounced than New Jersey. At tity, ‘‘the land of the free and the home wrong approach was shaped by a man Barnegat Bay, the population doubles of the brave.’’ Betsy Ross is known to whose life was spent in a passionate in the summer months. school children from the Aleutian Is- Land development, and associated ac- struggle to protect and conserve the lands to the Florida Keys as the tivities that come with people’s desire Constitution in the face of menacing woman who painstakingly sewed our threats. The early Twentieth Century to live and play near these beautiful re- first flag. Many Senators referred to was marked by World War I and by the sources, cause runoff and storm water the raising of the flag by a handful of Bolshevik Revolution, a time in world discharges that contribute to siltation, beleaguered, yet still brave, Marines on history during which the ‘‘Red Scare’’ increased nutrients, and other con- Iwo Jima. And who among us will ever was very real. Zechariah Chafee, a tamination. Bacterial contamination forget the sight of Neil Armstrong young Harvard Law professor and civil closes many popular beaches and shell- planting the flag on the moon as he libertarian, wrote eloquently about fish harvesting areas in estuaries. Also, took that giant step for mankind. Dur- ‘‘Freedom of Speech in Wartime.’’ several estuaries are afflicted by prob- ing the Judiciary Committee’s hear- Zechariah Chafee argued that even dur- lems that still require significant re- ings on S.J. Res. 14, the proposed Con- ing wartime the freedom of speech search. Examples include the out- stitutional Amendment to protect the guaranteed by the First Amendment breaks of the toxic microbe, Pfiesteria flag, Senator MCCAIN told of a fearless must be upheld. He wrote, ‘‘[A] provi- piscicida, in rivers draining to estu- POW who fashioned a flag from scraps sion like the First Amendment to the aries in Maryland and Virginia. of material. Each night under threat of federal Constitution is much more than Congress recognized the importance torture, an extraordinary group of pris- an order to Congress not to cross the of preserving and enhancing coastal en- oners displayed the makeshift flag and boundary which makes the extreme vironments with the establishment of renewed their commitment to democ- limits of lawful suppression. It is also the National Estuary Program in the racy and their courage to withstand a an exhortation and a guide for the ac- Clean Water Act Amendments of 1987. barbarous imprisonment. tion of Congress inside that boundary. The Program’s purpose is to facilitate As children, we started each day with It is a declaration of a national policy state and local governments prepara- our hands respectfully pressed to our in favor of the public discussion of all tion of comprehensive conservation hearts as we recited the pledge of alle- public questions.’’ My great uncle had and management plans for threatened giance. As Senators, we start the day the courage to stand up for our Con- estuaries of national significance. In in much the same manner, renewing stitutional rights during a time of ex- support of this effort, Section 320 of the our respect for this visible symbol of tremely high emotions in our national Clean Water Act authorized the EPA to democracy. history. I am inspired by his example make grants to states to develop envi- Unlike Senator MCCAIN and Senator to defend that which separates this na- ronmental management plans. To date, BOB KERRY, some of us have not served tion from all others—our freedoms. 28 estuaries across the country have our country in the military. Our na- been designated. However, the law fails f tional pride, our fundamental courage, to provide assistance once plans are our commitment to country has not NATIONAL ESTUARY complete and ready for implementa- been tested on the battlefield, but just CONSERVATION ACT tion. Already, 22 of the 28 plans are fin- a few months ago, I stood in the well of Mr. TORRICELLI. Mr. President, ished. this Chamber and, as my wife held the today, I rise to commend the Senate As the majority of plans are now in Bible on which my left hand rested, I for passing, last Thursday, S. 835, the the implementation stage, it is incum- swore to uphold the Constitution. The Estuary Habitat Restoration Partner- bent upon us to maintain the partner- Constitution is the document that pro- ship Act. Section 12 of this legislation ship the Federal government initiated vides each citizen with broad rights. It is taken from legislation that I intro- ten years ago to insure that our na- doesn’t fly majestically in front of gov- duced, S. 878, with Senators BOXER, tionally significant estuaries are pro- ernment buildings. We do not pledge GREGG, MACK, GRAHAM, KENNEDY, LIE- tected. S. 835 will take the next step by allegiance to it each day. Yet, it is the BERMAN, MOYNIHAN, REED, FEINSTEIN, including language from S. 878 that source of our freedom. It tells us that KERRY, MURRAY, and SARBANES. will give EPA the authority to make

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2100 CONGRESSIONAL RECORD — SENATE April 4, 2000 grants for plan implementation and au- sponsibly and respectfully, and pro- One of David Hermelin’s mottos is thorize annual appropriations in the mote positive self-esteem. Mr. Hart’s ‘‘The harder you work, the luckier you amount of $25 million. I am also hope- classes consists of fifth and sixth grade get.’’ Thanks to his and Doreen’s hard ful that when this bill goes to con- students. work, countless people in Metro De- ference, this authorization can be in- Both the Ferndale Superintendent troit have found themselves wealthy in creased to $50 million. With such an in- and Skyline Principal believe that Mr. luck as well. David and Doreen have crease areas will be able to upgrade Hart is the driving force behind the opened their home for hundreds of sewage treatment plants, fix combined success of this program. One of the charitable fundraisers, and their efforts sewer overflows, control urban ways Mr. Hart improves student learn- on behalf of these good causes do not stormwater discharges, and reduce pol- ing is by tackling issues of national stop with opening their front door. luted runoff into estuarine areas. and historical importance. Students They both have personally raised tens must work together on research f of millions of dollars for organizations projects and give presentations to their that serve people in need in Michigan THE VERY BAD DEBT BOXSCORE classmates. One of the most recent and in Israel as well. David’s reputa- Mr. HELMS. Mr. President, at the projects was by two students who fo- tion as a fundraiser has become so close of business yesterday, Monday, cused on race in the United States and widely recognized, in fact, that he has April 3, 2000, the Federal debt stood at how it was manifested on the baseball been known to joke that people $5,750,620,100,381.36 (Five trillion, seven field. Mr. Hart believes that by empow- wouldn’t recognize him if his hand was hundred fifty billion, six hundred twen- ering children, they become better in his pocket. But as he often notes, he ty million, one hundred thousand, learners and have the confidence to asks people to contribute their time or three hundred eighty-one dollars and tackle topics and develop skills well- talents to those in need ‘‘not until it thirty-six cents). beyond their grade level. hurts, but until it feels good.’’ Maybe Five years ago, April 3, 1995, the Fed- Superintendent Roger Lenhert de- that’s the secret to David and Doreen’s eral debt stood at $4,873,481,000,000 scribes Mr. Hart as the model of an seemingly endless capacity for helping ideal teacher. His energy in the class- (Four trillion, eight hundred seventy- others—it truly does feel good. three billion, four hundred eighty-one room motivates his students to not Added to all of their other accom- million). only to advance in their studies, but to plishments, David just finished an ex- Ten years ago, April 3, 1990, the Fed- also pursue goals and interests outside traordinary tour as U.S. Ambassador to eral debt stood at $3,092,175,000,000 of the classroom. Mr. Hart also encour- Norway. He and Doreen made a very (Three trillion, ninety-two billion, one ages his students to act responsibly positive impact on our relations with and to treat others with respect. hundred seventy-five million). this great ally. They played a major Mr. Hart’s students succeed in aca- Fifteen years ago, April 3, 1985, the role in arranging for a United States demic competitions, both under his tu- Federal debt stood at $1,738,155,000,000 telage and after, and he continue to Presidential visit, the first in a long (One trillion, seven hundred thirty- guide his students well after they left time, and when my wife Barbara and I eight billion, one hundred fifty-five the elementary school. I am told by Dr. visited Norway, it was obvious from ev- million). Berres that it is not uncommon to see eryone we met that our country could Twenty-five years ago, April 3, 1975, Mr. Hart’s old students coming by his not have selected a greater representa- the Federal debt stood at classroom to visit him and to update tive and symbol of what we stand for. $504,572,000,000 (Five hundred four bil- him on their current achievements. It David and Doreen Hermelin’s com- lion, five hundred seventy-two million) is clear by the visits of his former stu- mitment to helping others is truly wor- which reflects a debt increase of more dents and praising words of the super- thy of recognition, not only by Hillel than $5 trillion—$5,246,048,100,381.36 intendent and principal that Mr. Hart Day School of Metropolitan Detroit (Five trillion, two hundred forty-six makes an enormous impact on his stu- but also by all of us. I know my col- billion, forty-eight million, one hun- dents. leagues will join me in offering them dred thousand, three hundred eighty- Educators like Greg Hart clearly congratulations on this special occa- one dollars and thirty-six cents) during demonstrate that it is the people that sion and a heartfelt thank you for all the past 25 years. know our children’s names—their par- that they have done.∑ f ents, their teachers, their administra- f ADDITIONAL STATEMENTS tors, and their school board members— RECOGNIZING THE HUMANITARIAN who will make the best decisions about WORK OF MR. JAMES KELLY IN their education. I applaud Mr. Hart’s MOLDOVA RECOGNITION OF GREG HART, hard work and dedication to his stu- ∑ dents and I hope my colleagues will Mr. LUGAR. Mr. President, I am TEACHER AT SKYLINE ELEMEN- pleased to have this opportunity to rec- TARY SCHOOL join me in recognizing his outstanding contribution to education.∑ ognize one of my constituents, Mr. ∑ Mr. GORTON. Mr. President, James Kelley of Fort Wayne, Indiana, throughout my great State of Wash- f for his humanitarian work in the coun- ington, there are thousands of gifted IN RECOGNITION OF DAVID AND try of Moldova. students who need some extra time and DOREEN HERMELIN Moldova is a small country located attention to help further their talents. ∑ Mr. LEVIN. Mr. President, I rise between Ukraine and Romania. At Skyline Elementary in Ferndale, a today to recognize an extraordinary Throughout the Cold War it was a part teacher by the name of Greg Hart, has couple from my home state of Michi- of the Soviet Union but recently gained turned a program created by the school gan. David and Doreen Hermelin will its independence from the USSR on Au- district into a tremendous success and be given the Dream Maker Award and gust 27, 1991. The United States has created an environment where gifted the Rabbi Jacob Segal Award by Hillel supported Moldova in its journey to- students can excel. For his achieve- Day School of Metropolitan Detroit on ward democracy and sovereignty. ments with gifted students in the Aim- June 6, 2000. I met with Moldovan President Petru ing High program, I am proud to award It is truly fitting that among the Lucinschi last year in Washington. We him with my next ‘‘Innovation in Edu- honors David and Doreen will receive is discussed some of the challenges facing cation’’ Award. the Dream Maker Award. The Award is the newly independent Moldova. Our The Aiming High program consists of given to those who have demonstrated meeting revolved around U.S. security students from all over the Ferndale an extraordinary commitment to the assistance including counter-prolifera- School Districts for gifted students in community and especially to Jewish tion training, efforts to combat orga- the top 1 to 2-percent of the district education. It can be fairly said that nized crime and border security train- and was created by the Ferndale David and Doreen are ‘‘Dream Mak- ing. We also discussed our cooperation School District to encourage highly ca- ers,’’ because they both have com- to prevent the proliferation of weapons pable students to develop critical mitted so much of their lives to mak- of mass destruction. The United States thinking and analytical skills, act re- ing people’s dreams come true. and Moldova have enjoyed a positive

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2101 track record of cooperation, and I am nity. With his many talks and presen- staffs, have had numerous opportuni- hopeful that this relationship will con- tations on this dark chapter of human ties to work with Mr. Roccabruna on tinue. history, Rabbi Lazowski has embraced many important state and national Of the many challenges for this new his obligation to history and has prov- transportation issues. His advice was country, two of the most pressing are en that the light of truth can dispel all particularly valuable when we helped economic growth and the health of the shadow. craft the Transportation Equity Act Moldovan people. In an effort to create For more than a quarter century, for the 21st Century, and his contribu- economic growth in the region, Mr. Rabbi Lazowski has served as Chaplain tions will provide benefits well into the Kelley established a grain business in for the Hartford Police Department future. While I look forward to a con- Moldova’s farm communities. With a and has recently been named Chaplain tinuing good relationship with the Wy- purchase of a grain elevator he pro- for the Connecticut State Senate. His oming DOT under its new director, vided opportunity for many farmers to commitment to the spiritual health, Sleeter C. Dover, I take this oppor- market their crops. This effort to bol- not only of his congregation but all of tunity to again say thanks to Mr. ster a local economy will assist in re- the Greater Hartford area, is truly be- Roccabruna for dedicating so much of lieving the financial burden many fam- yond question. Although he will be re- his time and talents to making trans- ilies face in these rural communities. tiring from his position as Spiritual portation more efficient, more enjoy- In an effort to address the pressing Leader of Beth Hillel Synagogue, I able and safer for Wyoming residents health care needs of this nation, Mr. have every confidence that he will re- and the entire traveling public.∑ Kelley recently led a group of Fort main active as leader, educator and f Wayne area health professionals to friend to the people of Connecticut. Moldova. The team of trained physi- Rabbi Lazowski stands as a shining 25TH ANNIVERSARY OF THE cians, nurses and health care profes- example of the type of selfless indi- OSHKOSH SENIORS CENTER sionals performed necessary surgeries, vidual that keeps our communities vi- ∑ Mr. KOHL. Mr. President, I rise administered treatments, delivered brant. It is with great pleasure that I today to recognize the 25th Anniver- medical equipment, supplies and medi- formally extend to him my very best sary of the Oshkosh Seniors Center. cines to the Republican Hospital in wishes on this special day.∑ Since its beginnings in a single room at Chisinau. f the First Presbyterian Church in 1975, I commend Mr. Kelley for his energy the Oshkosh Seniors Center has grown COMMENDING GENE R. ‘‘ROCKY’’ and commitment to helping the people to occupy the present site at 200 North ROCCABRUNA of Moldova. His leadership and selfless Campbell Road. dedication to helping others have made ∑ Mr. THOMAS. Mr. President, on Friends of the Oshkosh Seniors Cen- a difference in this small country. March 15, 2000, Gene R. ‘‘Rocky’’ ter were crucial to the success of rais- Good relationships between the Roccabruna retired as Director of the ing $500,000 of the $1.2 million needed to United States and former Soviet repub- State of Wyoming’s Department of build the beautiful facility on Camp- lics, such as Moldova, enhance the se- Transportation. Mr. Roccabruna bell Road. The Friends of the Center, curity of the United States. I am stepped down from his position after on behalf of the City of Oshkosh, pleased to recognize the contributions rendering more than 30 years of out- worked unfailingly to realize what has of a fellow Hoosier in this important standing public service. I regret his de- become a first class center for senior effort.∑ parture in the sense that it is indeed a citizens. They remain committed to f loss to both the agency he headed and meeting the demands of the continuing to the traveling public at large. But at growth of the Center. Just as the dedi- TRIBUTE TO RABBI PHILIP the same time, I wish to extend, on be- cation of the Friends of the Center has LAZOWSKI half of my state’s Congressional dele- remained steadfast, the staff and vol- ∑ Mr. LIEBERMAN. Mr. President, I gation, our gratitude for a job well unteers of the Oshkosh Seniors Center rise today to pay tribute to a man who, done and our sincerest wishes for a have never wavered from its stated for 45 years, has served the Greater long and happy retirement. mission in 1975 ‘‘to become a multi-pur- Hartford community with honor and Mr. Roccabruna’s retirement rep- pose seniors center.’’ distinction. On April 9, 2000 the friends resents a milestone in Wyoming high- The center meets the social, physical of Beth Hillel Synagogue will mark the way history as he was the last active and emotional needs of senior citizens retirement of Rabbi Philip Lazowski at Department of Transportation em- in the Oshkosh community by pro- a dinner celebration in his honor. ployee whose association with the viding inter-generational, social, rec- Since accepting the position of Spir- agency dated back to the beginning of reational, cultural and volunteer op- itual Leader at Congregation Beth Sho- Interstate Highway System in 1956. portunities. These goals are supported lom in 1955, Rabbi Lazowski has helped After starting as an engineer trainee, by more than one hundred programs the families of his congregation find he earned steady promotions and soon and activities in arts and crafts, fine strength through the principles of was in charge of multi-million dollar arts, continuing education, games and faith, humility, determination, forgive- highway construction contracts. Sev- recreation, community services, sup- ness, and service. As the congregation eral sections of Interstate 80 were built port groups, health and wellness, and has grown to include hundreds of fami- under his supervision and that road has other events. These offerings have been lies and take the name Beth Hillel Syn- since become not only Wyoming’s busi- delivered at the center and at several agogue, Rabbi Lazowski has continued est highway but a major artery for locations in the area to thousands of to impart his wisdom on these prin- transcontinental commerce as well. people during the past year. ciples with the same energy and enthu- Mr. Roccabruna left the employ of It is through the efforts of the cen- siasm that has been his trademark. state government to start his own con- ter’s Director, Sue Kreibich, staff Through a number of books and inter- tracting business but later returned members and countless volunteers who faith efforts, Rabbi Lazowski has and went on to hold several managerial work diligently to make certain the earned a lofty position within the positions within the Department of Oshkosh Seniors Center continues to state’s distinguished history of spir- Transportation. His reputation grew offer opportunities that allows senior itual leaders. along with his responsibilities. He be- citizens of the Oshkosh community to A survivor of the Holocaust, Rabbi came widely recognized for abilities as remain active and involved. Lazowski has also left his mark on the a good listener and consensus builder. The center will observe its twenty- countless young people across the re- For these and numerous other good fifth anniversary during the week of gion who have heard him speak about reasons, Wyoming Gov. Jim Geringer April 2nd by announcing the inaugura- his childhood in Poland during World appointed him in December 1996 to tion of the Oshkosh Seniors Center En- War II. From the town of Belitza to the head the Department, which is the dowment Fund. This Fund will allow Dvorets ghetto to more than a year of largest Wyoming state agency. During the organization to meet the needs of hiding in the woods, his story has reso- the past three-plus years, I, Senator expansion to accommodate the sub- nated within the youth of the commu- ENZI and Representative CUBIN, and our stantial growth that continues at the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2102 CONGRESSIONAL RECORD — SENATE April 4, 2000 center. It is organizations like the Osh- However, Joe Fisher’s service as a date was April 22, 1775, and each year kosh Seniors Center and their friends public official only tells part of the the Second Company Governor’s Foot that make Oshkosh a stronger commu- story. He served his country in the Pa- Guard performs a colorful reenactment nity. cific during World War II. Joe worked of this event on Powder House Day in Congratulations to the Oshkosh Sen- his way through college as a profes- New Haven. iors Center on their 25th anniversary.∑ sional boxer and was also a semi-pro- Three years later, during the British f fessional basketball player in the invasion on July 2, 1779, Captain Hezekiah Sabin and the Second Com- HONORING THE LATE JOSEPH L. Northern New England League. He was pany Governor’s Foot Guard defended FISHER a Harvard trained economist and led the Unitarian Universalist Association. New Haven at the bridge over the West ∑ Mr. ROBB. Mr. President, it is my Joe passed away in 1992 from cancer. River. Time and again our nation has privilege to be a co-sponsor of S. 2234, He left behind his most important leg- been defended by the Second Company a bill which recognizes the exceptional acy—a wonderful family. His wife Governor’s Foot Guard. In 1861 the Sec- service of two former Congressmen Peggy, an exceptionally talented indi- ond Company formed a war company from Northern Virginia, Joseph L. vidual in her own right and the secret which was known as the Company K, Fisher and Joel T. Broyhill, by renam- to Joe’s success, remains a valued Sixth Connecticut Volunteers, left for ing two area facilities of the United friend to me and my family. Joe is also the front in the Civil War, and fought States Postal Service in their honor. survived by seven children, sixteen in twenty six battles and skirmishes I’d like to say a few words about one of grandchildren and two great grand- before being mustered out in August of the honorees, the late Joseph L. Fish- children. 1865. er. In a sermon he wrote entitled Since 1775, the Second Company Gov- I knew Joe Fisher well. He was a ‘‘Endings and Beginnings,’’ Joe re- ernor’s Foot Guard has been escort to friend, colleague and mentor. Joe epit- ferred to ‘‘the only immortality we can every Governor of the Colony and the omized the very best in public service— count on’’ as ‘‘the immortality of the State of Connecticut and has served as with his integrity, first-rate intellect, good and worthy life whose influence honor guard to fourteen American decency and compassion for others. It was Joe who provided me with my lives on in the hearts and minds of Presidents and in our Bicentennial first formal entry into Virginia politics those whom it touches.’’ Joe Fisher Year, the Queen of England. Mr. Presi- when I hosted a reception for his re- lived this ‘‘good and worthy life’’ and dent, were it not for the dedicated serv- election bid to the Arlington County his influence will always live on in ice of the Second Company, Governor’s Board in 1971. He earned the respect of those whom he had such an indelible Foot Guard for the past 225 years, I ∑ his fellow Arlingtonians with his ten impact. dare say the history of Connecticut, years of service on the Board, including f the Constitution State, as well as the United States of America would be dif- two terms as its Chairman. In cham- SECOND COMPANY GOVERNOR’S ferent. Every one of us in this Chamber pioning regional solutions to many of FOOT GUARD the issues that faced Arlington County, owes a debt of gratitude to the Second ∑ Mr. LIEBERMAN. Mr. President, I he was ahead of his time. At various Company, Governor’s Foot Guard. As rise today to honor one of the oldest points during his tenure on the Board, the Second Company celebrates 225 military organizations in the United he represented Arlington as Chairman years of service, under the leadership States, founded even before our coun- of both the Washington Metropolitan of Major Commandant Peter A. try became a unified nation; the Sec- Area Transit Authority and the Metro- Wasilewski, I rise in humble thanks to ond Company Governor’s Foot Guard of politan Washington Council of Govern- the hundreds of men and women who New Haven. Later this week the men ments. have proudly worn the red coat uni- My first time handing out literature and women of the Second Company will form and to those who will in the fu- at the polls in Virginia on Election celebrate their 225th anniversary which ture. I ask those in this Chamber to Day was for Joe’s first successful cam- is truly a monumental observance in join me in honoring the Second Com- paign for Congress in 1974—I remember this first year of the new millennium. pany Governor’s Foot Guard for 225 the experience well because it rained Mr. President, let me share with you years of service to the Governor, the most of the day. We were all proud of the history of the Second Company be- General Assembly and the people of the Joe’s service in the U.S. House of Rep- cause it is essentially, the history of Colony and State of Connecticut.∑ the new nation and the colonies that resentatives. He was a recognized lead- f er in Congress on tax, energy and budg- became the United States of America. DIONNE A. COLE NAMED et issues. Joe was appointed to the The first meeting of the yet to be ACHIEVER OF THE MONTH Ways and Means Committee in his first named military organization was dur- term, and he facilitated the work of ing the winter of 1774 and included ∑ Mr. ABRAHAM. Mr. President, in Oc- seven tasks forces in writing the En- many men whose names are known to tober of 1993, the State of Michigan ergy Policy Act of 1978. every student who has studied Amer- Family Independence Agency com- In 1982, the year I took the oath as ican history; Benedict Arnold, Ethan memorated the first anniversary its Governor of Virginia and about a year Allen and Aaron Burr. Later that win- landmark welfare reform initiative, To after the end of his service in Congress, ter, on March 2, 1775, fifty eight men Strengthen Michigan Families, by I persuaded Joe to join my Cabinet as signed a memorial to form themselves naming its first Achiever of the Month. Virginia’s Secretary of Human Re- into a military company. At that time, In each month since, the award has sources. As in every other endeavor he the General Assembly of the Governor been given to an individual who par- undertook during his lifetime, Joe led and Colony of Connecticut was sitting ticipates in the initiative and has the Department of Human Resources in New Haven and made this memorial shown outstanding progress toward with distinction. He succeeded in special business. On that same day, self-sufficiency. I rise today to recog- eliminating Virginia’s Medicaid deficit recognizing the importance and signifi- nize Ms. Dionne A. Cole, who was the which had resulted from recession and cance of this memorial, the General recipient of the award for the month of cutbacks at the federal level. Joe also Assembly granted a charter to the Sec- March, 2000. left a legacy of improvements in Vir- ond Company Governor’s Foot Guard. Ms. Cole is the single mother of a ginia’s prevention efforts in such areas It didn’t take long for the Second Com- three-year-old son. She began receiving as health, social services, mental pany Governor’s Foot Guard to see ac- assistance from the Family Independ- health, rehabilitation, job training and tion when, at the beginning of the ence Agency in September of 1999. independent living. After serving in my American Revolution, under the com- Though at this time she was a single Administration, Joe spent the remain- mand of Captain Benedict Arnold, the mother with no job experience, through der of his professional years as a pro- Second Company answered the Lex- a self-initiated job search Ms. Cole ob- fessor of political economy at George ington Alarm, seized the stores of gun- tained employment as a security guard Mason University where he inspired powder at the Town of New Haven and for Strategic Protection Group that many a student. marched to the Siege of Boston. The same month. To ease the transition,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2103 F.I.A. assisted Ms. Cole with child care Foundation. She is a member of the stead, Jim stayed in Lansing. He and provided her with funds to pur- Cranbrook Art Association and the stayed because he had discovered that chase a car. Women’s Committee of the Michigan he loved to teach as much as he loved In December of 1999, her cash assist- Lung Association. Mr. Hermelin serves to write. And the reason that he loved ance from F.I.A. ended because of on the Board of Directors of the Com- teaching was because he loved instill- earned income. Nonetheless, by budg- munity Foundation for Southeastern ing into his students the same love for eting her money wisely, Ms. Cole re- Michigan, the Greater Detroit Inter- writing and for film that he had. Wit- cently has signed the lease on her first faith Round Table, and the Detroit nessing this process occur in his stu- apartment. With the help of her Fam- Symphony Orchestra Hall. He sits on dents never got old. He stayed, Mr. ily Independence Specialist, electric the Board of Trustees of the Michigan President, because he realized that and heat accounts were established for Developmental Foundation and on the with his teaching he had a true impact her at this residence. Advisory Board of the United Way for on the lives of individuals, something Ms. Cole has her high school diploma Southeastern Michigan. Together, he could not have attained in Holly- and would like to attend Wayne Coun- David and Doreen have volunteered wood, not on the same level as he could ty Community College to study Busi- their efforts on behalf of Friends of at Michigan State. ness Management. Her ultimate goal is Modern Art of the Detroit Institute of Jim taught more than just the six- to own her own beauty shop. Arts and the Children’s Hospital of hundred students who often filled his Mr. President, I applaud Ms. Dionne Michigan. classrooms, though. He and his wife, Cole for being named Achiever of the Mr. President, I am sure that June 6 Cynthia, were very active in Lansing Month for March of 2000. It is an honor will be a special day for David and Do- community fine arts programs, volun- for which she has worked very hard and reen Hermelin. They have long sup- teering their time throughout the area. she truly deserves. On behalf of the en- ported Hillel Day School, and their eld- They provided money for the creation tire United States Senate, I congratu- est of six grandchildren, Matthew of many fine arts scholarships. Jim late Ms. Cole, and wish her continued Orley, will also be rewarded by the also helped to write and direct a pro- success in the future.∑ school this spring, with his high-school duction at East Lansing High School f diploma. entitled ‘‘4 Years to Life,’’ which dram- It is my hope that these two events HILLEL JEWISH DAY SCHOOL HON- atized the rigors of high school life. In remind David Hermelin and Doreen ORS MR. AND MRS. DAVID the last year of his life, Jim and Cyn- Curtis how far they have come since HERMELIN thia could often be found at the they first met at Camp Tamakwa in Silverscreen Cafe´, a coffee shop that ∑ Mr. ABRAHAM. Mr. President, I am 1949. I also hope that they take the they owned together. honored to rise today in recognition of time to think about just how many Mr. President, with his writing abil- David and Doreen Hermelin, long-time lives they have touched with their ity, Jim forever left his mark on Holly- residents of Detroit, Michigan. The many charitable efforts. wood. With his incredible spirit and im- couple recently returned home from Mr. President, I would like to wel- mense knowledge, he forever left his Norway, where Mr. Hermelin served as come Ambassador and Mrs. Hermelin mark on Lansing, Michigan, Michigan United States Ambassador. On June 6, back to metropolitan Detroit. While I State University, and thousands upon 2000, the Hermelins will be honored by do appreciate the work the couple did thousands of students. And with his Hillel Day School, an independent Con- in Norway, it is my preference that personality, he forever left his mark on servative Jewish Day School located in they stay in Michigan for a while. On anyone who had the chance to meet Farmington Hills, Michigan. Together, behalf of the entire United States Sen- him. Plain and simple, he was an in- they will receive the 2000 Dream Maker ate, I congratulate David and Doreen credible man, and he will be greatly Award, which recognizes the achieve- Hermelin on receiving the 2000 Dream missed.∑ ments of a person or persons who are Maker Award and the Rabbi Jacob f committed to the cause of Jewish edu- Segal Award, and I applaud Hillel Day cation, and also the Rabbi Jacob Segal School for recognizing this magnificent DR. MAUREEN A. FAY RECEIVES Award, given annually in blessed mem- pair.∑ ALTERNATIVES FOR GIRLS ROLE MODEL AWARD ory of Rabbi Segal, one of the founders f of Hillel Day School. ∑ Mr. ABRAHAM. Mr. President, Alter- Mr. and Mrs. Hermelin have often A TRIBUTE TO MR. JIM CASH natives for Girls is an organization been recognized for their dedication to ∑ Mr. ABRAHAM. Mr. President, I rise which provides aid and assistance to the Jewish community, both nation- today in honor and in memory of a vulnerable young women in the metro- ally and internationally. Before his dear friend of mine, Mr. Jim Cash, who politan Detroit area. Founded in 1987, ambassadorship, Mr. Hermelin served passed away on March 24 at the age of Alternatives for Girls remains comas the International Chairman of State 59. Jim is internationally recognized as mitted to its original mission of help- of Israel Bonds, and as Vice-Chair of a screenplay writer. He co-wrote the ing homeless and high-risk girls and United Jewish Appeal. He has been movies ‘‘Top Gun,’’ ‘‘The Secret of My young women avoid violence, teen honored by the State of Israel with the Success,’’ ‘‘Dick Tracy,’’ and ‘‘Turner pregnancy, and exploitation, while at Golda Meir Leadership Award, given and Hooch,’’ among others. I would the same time helping them explore the Knights of Charity Award by the like to recognize him today, however, and access the support, resources and Archdiocese of Detroit, and received not for his writing achievements, but opportunities necessary to be safe, to the Golden Menorah Award for Com- for his contributions to the Lansing, grow strong, and to make positive munity Service from B’nai B’rith. Mrs. Michigan, community, and the campus choices for their lives. It has been rec- Hermelin is a recipient of the Women of our alma mater, Michigan State ognized by Newsweek as a social serv- of Valor Award from the State of Israel University. It is there, I believe, where ice agency that works, and named one Bonds, the Humanitarian Award from his words found their most attentive of the best managed non-profit organi- B’nai B’rith, the Heart of Gold from listeners. It is also there where they zations in the Detroit area by Crain’s the United Foundation, and was also had their most profound effects. Business Weekly. named the Woman of the Year by B’nai Jim began teaching a film history Each year, the Alternatives For Girls B’rith Women. course at Michigan State in 1974, tak- selects two female role models to re- The Hermelin’s philanthropic and hu- ing the job as an adjunct professor. He ceive its Role Model Award. With this manitarian work has extended well hoped only to earn some money to con- award, the organization seeks to iden- past the bounds of their faith. Mrs. tinue his screenplay writing. When he tify and honor women who, through Hermelin currently serves on the Board and co-writer Jack Epps, Jr., a former their professional accomplishments, of Directors of the Michigan Founda- student, found success together in the personal attributes, and demonstrated tion for the Arts and on the Board of mid-1980’s, it would have been easy for commitment to community, affirm the Trustees of the Michigan Opera The- Jim to leave Michigan State behind for principles embodied in Alternative For ater and the Michigan Parkinson’s the brighter pastures of Hollywood. In- Girls’ purpose, and provide inspiration

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2104 CONGRESSIONAL RECORD — SENATE April 4, 2000 and concrete examples of what women Alternatives for Girls remains com- ternatives For Girls Role Model. It is can attain when afforded the oppor- mitted to its original mission of help- an honor she truly deserves.∑ tunity and the guidance to make posi- ing homeless and high-risk girls and tive life choices. Mr. President, I rise young women avoid violence, teen f today to recognize and honor Dr. pregnancy, and exploitation, while at IN RECOGNITION OF Maureen A. Fay and Ms. Pamela Rod- the same time helping them explore ALTERNATIVES FOR GIRLS gers, who will receive the Alternatives and access the support, resources and ∑ For Girls Role Model Award at the 11th opportunities necessary to be safe, to Mr. ABRAHAM. Mr. President, I rise Annual Role Model Dinner, on April 6, grow strong, and to make positive today to recognize Alternatives for 2000. choices for their lives. It has been rec- Girls, an organization which provides Dr. Fay has lived a life dedicated to ognized by Newsweek as a social serv- aid and assistance to vulnerable young education. Before graduating from the ice agency that works, and named one women in the metropolitan Detroit University of Chicago with a doctorate of the best managed non-profit organi- area. Founded in 1987, Alternatives for in social sciences in 1976, she taught at zations in the Detroit area by Crain’s Girls remains committed to its origi- the University of Illinois, Northern Il- Business Weekly. nal mission of helping homeless and linois University, and DePaul Univer- Each year, Alternatives For Girls se- high-risk girls and young women avoid sity. After her graduation, she became lects two female role models to receive violence, teen pregnancy, and exploi- Dean of Continuing Education and its Role Model Award. With this award, tation, while at the same time helping Graduate Studies at Saint Xavier Uni- the organization seeks to identify and them explore and access the support, versity in Chicago. In 1983, she was honor women who, through their pro- resources and opportunities necessary named president of Mercy College of fessional accomplishments, personal to be safe, to grow strong, and to make Detroit. In 1990, when Mercy College attributes, and demonstrated commit- positive choices for their lives. consolidated with the University of De- ment to community, affirm the prin- In its thirteen years, Alternatives troit, she became the first president of ciples embodied in Alternative For For Girls has grown from a small, vol- the University of Detroit-Mercy. She Girls purpose, and provide inspiration unteer-run program into a multi-serv- has served in this position for the last and concrete examples of what women ice agency. It now has a staff of over ten years, focusing her efforts on the can attain when afforded the oppor- fifty employees, one-hundred and sev- growth and revitalization of Michigan’s tunity and the guidance to make posi- enty active volunteers, and an annual largest Catholic University. tive life choices. Mr. President, I rise operating budget of over $2 million. It Dr. Fay is active, and provides lead- today to recognize and honor Dr. has been honored by Crain’s Detroit ership, in a variety of educational or- Maureen A. Fay and Ms. Pamela Rod- Business Weekly as one of the best- ganizations. She serves on the execu- gers, who will receive the Alternatives managed non-profit organizations in tive committee of the Association of For Girls Role Model Award at the 11th the Detroit metropolitan area, and has Catholic Colleges and Universities, the Annual Role Model Dinner, on April 6, also been named by Newsweek as a so- executive committee of the Associa- 2000. cial service agency that works. tion of Jesuit Colleges and Univer- After graduating with an M.B.A. Mr. President, the staff and volun- sities, is a member of the Association from Duke in 1983, Ms. Pamela Rodgers teers of Alternatives For Girls hold the of Mercy Colleges, and is a member of returned to her hometown of Detroit, firm conviction that they can make a the executive committee of the Asso- Michigan, to work as a financial ana- difference in the lives of girls and ciation of Independent Colleges and lyst for Ford Motor Company. In 1988, young women in metropolitan Detroit Universities of Michigan. she was admitted into the Ford Minor- by helping them build the foundations Dr. Fay has also been extremely ac- ity Dealer Development Program. In for trust, responsibility and success; by tive in the Detroit area. She currently early 1993, Ms. Rodgers was finally providing them with educational sup- serves on the boards of Bank One Cor- given the opportunity she desired, port and vocational guidance to be- poration, Kelly Services, Inc., the De- when she took over General Motor’s come to become self-sufficient; by troit Economic Growth Corporation, Flat Rock Dealership. counselling them and linking them the Economic Club of Detroit, New De- Since Ms. Rodgers became owner, the with the resources they need to build troit, Inc., the National Conference for Flat Rock Dealership, now Rodgers safe and healthy lives; and by listening Community and Justice, and the En- Chevrolet, has prospered in every way. to their concerns, responding to their dowment Foundation for the Arch- In 1995, G.M. named it number one in needs, standing by them in times of diocese of Detroit. In March of 1996, she ‘‘service satisfaction’’ for the entire frustration, and congratulating them was appointed by Mayor Dennis Archer Detroit area. When Ms. Rodgers first in times of success. to the Greater Downtown Partnership, took over in 1993, annual sales were Alternatives For Girls has three pro- Inc., an initiative to spearhead down- under $15 million. In 1998, Rodgers gram areas, a Prevention Program, a town economic revitalization and de- Chevrolet eclipsed the $48 million sales Crisis Shelter and Transition to Inde- velopment. mark, sold an average of 180 new and pendent Living Program, and a Street Mr. President, I applaud Dr. Maureen used vehicles per month, including Outreach Program. The Prevention Fay on her many remarkable achieve- fleet sales to large companies like De- Program serves girls, ages 5–17, and ments, and commend her for her dedi- troit Edison, and hired fifteen new em- their families, who are at risk for cation to improving the city of Detroit. ployees. school dropout, early pregnancy, and Dr. Fay is truly a role model for Ms. Rodgers is active in a number of involvement with gangs, drugs, and vi- women not only in Detroit but across civic and professional organizations. olence. The Crisis Shelter and Transi- the nation, and I am glad that Alter- She is a member of the Board of Fam- tion to Independent Living Program natives For Girls has recognized her as ily Services, the National Black M.B.A. serves homeless girls and young such. On behalf of the entire United Association, and the Women’s Auto- women, ages 16–20, who are not in the States Senate, I congratulate Dr. Fay motive Issues. She sits on the Board of foster care or judicial system. And on receiving the Alternatives For Girls Directors of the National Association through the Street Outreach Program, Role Model Award.∑ of Minority Automobile Dealers and staff and volunteers provide support, f the General Motors Minority Dealers referrals and other necessities to girls Association. and young women who are involved in PAMELA RODGERS RECEIVES AL- Mr. President, Ms. Pamela Rodgers prostitution, substance abuse, gang ac- TERNATIVES FOR GIRLS ROLE has been a true pioneer in the auto- tivity and unhealthy relationships. MODEL AWARD mobile industry. No one has opened the Mr. President, I applaud the staff and ∑ Mr. ABRAHAM. Mr. President, Alter- doors for her, rather, it has been her volunteers of Alternatives For Girls for natives for Girls is an organization hard work and will to succeed that their tremendous efforts to help the which provides aid and assistance to have forced them open. On behalf of the girls and young women of metropolitan vulnerable young women in the metro- entire United States Senate, I con- Detroit. Their efforts have changed politan Detroit area. Founded in 1987, gratulate her on being named as an Al- hundreds of lives, whether by providing

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2105 mentoring services, overseeing and aid- proved disclosure of after-tax returns regard- by the John F. Kennedy Center for the Per- ing the transition to independent living mutual fund performance, and for other forming Arts; to the Committee on Rules ing of a homeless young woman, or of- purposes. and Administration. fering counseling in a time of need. On H.R. 1359. An act to designate the Federal f building and United States courthouse to be behalf of the entire United States Sen- constructed at 10 East Commerce Street in MEASURE PLACED ON THE ate, I not only commend the staff and Youngstown, Ohio, as the ‘‘Frank J. Battisti CALENDAR volunteers of Alternatives For Girls for and Nathaniel R. Jones Federal Building and The following bill was read the first their work, but also give them a much United States Courthouse.’’ and second times, and placed on the deserved thank you.∑ H.R. 1605. An act to designate the Federal building and United States courthouse lo- calendar: f cated at 402 North Walnut Street in Har- H.R. 4052. An act to preserve certain re- MESSAGES FROM THE PRESIDENT rison, Arkansas, as the ‘‘J. Smith Henley porting requirements under the jurisdiction of the Committee on Transportation and In- Messages from the President of the Federal Building and United States Court- house.’’ frastructure of the House of Representatives, United States were communicated to H.R. 3591. An act to provide for the award and for other purposes. the Senate by Mr. Williams, one of his of a gold medal on behalf of the Congress to f secretaries. former President Ronald Reagan and his wife EXECUTIVE AND OTHER EXECUTIVE MESSAGES REFERRED Nancy Reagan in recognition of their service COMMUNICATIONS As in executive session the Presiding to the Nation. Officer laid before the Senate messages H.R. 3904. An act to prevent the elimi- The following communications were nation of certain reports. from the President of the United laid before the Senate, together with H.R. 4052. An act to preserve certain re- accompanying papers, reports, and doc- States submitting sundry nominations porting requirements under the jurisdiction which were referred to the appropriate of the Committee on Transportation and In- uments, which were referred as indi- committees. frastructure of the House of Representatives, cated: (The nominations received today are and for other purposes. EC–8307. A communication from the Assist- printed at the end of the Senate pro- The message also announced that the ant Attorney General, Office of Legislative ceedings.) Affairs transmitting, pursuant to law, the House has agreed to the following con- report of the Department’s activities under f current resolutions, in which it re- the Equal Credit Opportunities Act for cal- THE REPORT OF THE CORPORATION quests the concurrence of the Senate: endar year 1999; to the Committee on Bank- FOR PUBLIC BROADCASTING— H. Con. Res. 278. Authorizing the use of the ing, Housing, and Urban Affairs. MESSAGE FROM THE PRESI- Capitol Grounds for the 19th annual National EC–8308. A communication from the Assist- DENT—PM 98 Peace Officers’ Memorial Service. ant General Counsel for Regulations, Depart- H. Con. Res. 279. Authorizing the use of the ment of Housing and Urban Development, The PRESIDING OFFICER laid be- Capitol Grounds for the 200th birthday cele- transmitting, pursuant to law, the report of fore the Senate the following message bration of the Library of Congress. a rule entitled ‘‘HUD Acquisition Regula- from the President of the United H. Con. Res. 281. Authorizing the use of the tion; Technical Correction’’ (RIN2535–AA25) States, together with an accompanying East Front of the Capitol Grounds for per- (FR–4291–C–03), received March 30, 2000; to report; which was referred to the Com- formances sponsored by the John F. Kennedy the Committee on Banking, Housing, and Center for the Performing Arts. Urban Affairs. mittee on Commerce, Science, and EC–8309. A communication from the Assist- f Transportation. ant General Counsel for Regulations, Depart- To the Congress of the United States: MEASURES REFERRED ment of Housing and Urban Development, The following bills were read the first transmitting, pursuant to law, the report of As required by section 19(3) of the a rule entitled ‘‘Uniform Financial Report- Public Telecommunications Act of 1992 and second time by unanimous con- ing Standards for HUD Housing Programs; (Public Law 102–356), I transmit here- sent, and referred as indicated: Revised Report Filing Date’’ (RIN2501–AC49) with the report of the Corporation for H.R. 1089. An act to require the Securities (FR–4321–F–07), received March 30, 2000; to Public Broadcasting. and Exchange Commission to require the im- the Committee on Banking, Housing, and WILLIAM J. CLINTON. proved disclosure of after-tax returns regard- Urban Affairs. THE WHITE HOUSE, April 4, 2000. ing mutual fund performance, and for other EC–8310. A communication from the Assist- purposes; to the Committee on Banking, ant General Counsel for Regulations, Depart- f Housing, and Urban Affairs. ment of Housing and Urban Development, MESSAGES FROM THE HOUSE H.R. 1359. An act to designate the Federal transmitting, pursuant to law, the report of At 2:15 p.m., a message from the building and United States courthouse to be a rule entitled ‘‘Multifamily Housing Mort- House of Representatives, delivered by constructed at 10 East Commerce Street in gage and Housing Assistance Restructuring Youngstown, Ohio, as the ‘‘Frank J. Battisti Program (Mark-to-Market)’’ (RIN2502–AH09) Ms. Niland, one of its reading clerks, and Nathaniel R. Jones Federal Building and (FR–4298–F–07), received March 30, 2000; to announced that the House has passed United States Courthouse’’; to the Com- the Committee on Banking, Housing, and the following bill, with amendments in mittee on Environment and Public Works. Urban Affairs. which it requests the concurrence of H.R. 1605. An act to designate the Federal EC–8311. A communication from the Assist- the Senate: building and United States courthouse lo- ant General Counsel for Regulations, Depart- ment of Housing and Urban Development, S. 1567. An act to designate the United cated at 402 North Walnut Street in Har- transmitting, pursuant to law, the report of States courthouse located at 223 Broad rison, Arkansas, as the ‘‘J. Smith Henley a rule entitled ‘‘Changes to Admission and Street in Albany, Georgia, as the ‘‘C.B. King Federal Building and United States Court- Occupancy Requirements in the Public Hous- United States Courthouse.’’ house’’; to the Committee on Environment and Public Works. ing and Section 8 Housing Assistance Pro- The message also announced that the H.R. 3904. An act to prevent the elimi- grams’’ (RIN2501–AC59) (FR–4485–F–03), re- House has agreed to the amendment of nation of certain reports; to the Committee ceived March 30, 2000; to the Committee on the Senate to the title, and agrees to on Government Affairs. Banking, Housing, and Urban Affairs. the amendment of the Senate to the EC–8312. A communication from the Senior The following concurrent resolutions Banking Counsel, Office of the General Coun- text of the bill (H.R. 1753) to promote were read and referred as indicated: the research, identification, assess- sel, Department of the Treasury transmit- H. Con. Res. 278. Concurrent resolution au- ting, pursuant to law, the report of a rule en- ment, exploration, and development of thorizing the use of the Capitol Grounds for titled ‘‘Merchant Banking Investments’’ gas hydrate resources, and for other the 19th annual National Peace Officers’ Me- (RIN1505–AA78), received March 28, 2000; to purposes, with an amendment in which morial Service; to the Committee on Rules the Committee on Banking, Housing, and it requests the concurrence of the Sen- and Administration. Urban Affairs. ate. H. Con. Res. 279. Concurrent resolution au- EC–8313. A communication from the Direc- The message further announced that thorizing the use of the Capitol Grounds for tor, Policy Directives and Instructions the House has passed the following the 200th birthday celebration of the Library Branch, Immigration and Naturalization of Congress; to the Committee on Rules and Service, Department of Justice transmitting, bills, in which it requests the concur- Administration. pursuant to law, the report of a rule entitled rence of the Senate. H. Con. Res. 281. Concurrent resolution au- ‘‘Revoking Grants of Naturalization’’ H.R. 1089. An act to require the Securities thorizing the use of the East Front of the (RIN1115–AF63), received March 31, 2000; to and Exchange Commission to require the im- Capitol Grounds for performances sponsored the Committee on the Judiciary.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2106 CONGRESSIONAL RECORD — SENATE April 4, 2000 EC–8314. A communication from the Assist- EC–8325. A communication from the Chair- tion’’ (RIN2501–AB57) (FR–3482–C–08), re- ant Attorney General, Office of Legislative man, Federal Maritime Commission trans- ceived March 30, 2000; to the Committee on Affairs, transmitting a draft of proposed leg- mitting, pursuant to law, the annual report Banking, Housing, and Urban Affairs. islation relative to the Immigration and Na- for fiscal year 1999; to the Committee on EC–8335. A communication from the Assist- tionality Act; to the Committee on the Judi- Commerce, Science, and Transportation. ant General Counsel for Regulations, Depart- ciary. EC–8326. A communication from the Dep- ment of Housing and Urban Development, EC–8315. A communication from the Direc- uty Assistant Administrator, National Oce- transmitting, pursuant to law, the report of tor, Defense Finance and Accounting Serv- anic and Atmospheric Administration, De- a rule entitled ‘‘Section 8 Tenant-Based As- ice, Department of Defense transmitting, partment of Commerce transmitting, pursu- sistance; Statutory Merger of Section 8 Cer- pursuant to law, the report of an A–76 cost ant to law, the report of a rule entitled ‘‘Na- tificate and Voucher Programs; Housing comparison study of the Security Assistance tional Marine Aquaculture Initiative: Re- Choice Voucher Program; Correction’’ Accounting function; to the Committee on quest for Proposals for FY 2000’’ (RIN0648– (RIN2577–AB91) (FR–4428–C–06), received Armed Services. ZA82), received March 30, 2000; to the Com- March 30, 2000; to the Committee on Bank- EC–8316. A communication from the Direc- mittee on Commerce, Science, and Transpor- ing, Housing, and Urban Affairs. tor, Regulations Policy and Management tation. f Staff, Food and Drug Administration, De- EC–8327. A communication from the Attor- partment of Health and Human Services, ney-Advisor, Department of Transportation REPORTS OF COMMITTEES transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of The following reports of committees a rule entitled ‘‘Third Extension of Com- a rule entitled ‘‘Regulations Restricting the were submitted: Sale and Distribution of Cigarettes and puter Reservation Systems Regulations’’ Smokeless Tobacco to Protect Children and (RIN2105–AC75), received March 27, 2000; to By Mr. SMITH of New Hampshire, from the Adolescents; Revocation’’ (Docket No. 95N– the Committee on Commerce, Science, and Committee on Environment and Public 0253), received March 30, 2000; to the Com- Transportation. Works, with amendments: mittee on Health, Education, Labor, and EC–8328. A communication from the Attor- S. 1752: A bill to reauthorize and amend the Pensions. ney-Advisor, National Highway Traffic Safe- Coastal Barrier Resources Act (Rept. No. EC–8317. A communication from the Direc- ty Administration, Department of Transpor- 106–252). tor, Office of Regulatory Management and tation transmitting, pursuant to law, the re- By Mr. ROTH, from the Committee on Fi- Information, Office of Policy, Planning and port of a rule entitled ‘‘Advanced Air Bag nance, without amendment: Evaluation, Environmental Protection Agen- Dummy Rule for CRABI 12-Month-Old Size’’ S. 2346: An original bill to amend the Inter- cy, transmitting, pursuant to law, the report (RIN2127–AG78), received March 30, 2000; to nal Revenue Code of 1986 to reduce the mar- of a rule entitled ‘‘Ethoxylated Propoxylated the Committee on Commerce, Science, and riage penalty by providing for adjustments (C–12–C–15) Alcohols; Tolerance Exemption; Transportation. to the standard deduction, 15-percent and 28- Technical Correction’’ (FRL #6498–4), re- EC–8329. A communication from the Dep- percent rate brackets, and earned income ceived March 30, 2000; to the Committee on uty Chief Counsel, National Highway Traffic credit, and for other purposes (Rept. No. 106– Agriculture, Nutrition, and Forestry. Safety Administration, Department of 253). EC–8318. A communication from the Direc- Transportation transmitting, pursuant to By Mr. HATCH, from the Committee on tor, Office of Regulatory Management and law, the report of a rule entitled ‘‘Light the Judiciary: Information, Office of Policy, Planning and Truck Average Fuel Economy Standard, Report to accompany the joint resolution Evaluation, Environmental Protection Agen- Model Year 2002’’ (RIN2127–AH95), received (S.J. Res. 3) proposing an amendment to the cy, transmitting, pursuant to law, the report March 30, 2000; to the Committee on Com- Constitution of the United States to protect of a rule entitled ‘‘Spinosad; Pesticide Toler- merce, Science, and Transportation. the rights of crime victims (Rept. No. 106– ance; Technical Correction’’ (FRL #6551–9), EC–8330. A communication from the Attor- 254). received March 30, 2000; to the Committee on ney, National Highway Traffic Safety Ad- f Agriculture, Nutrition, and Forestry. ministration, Department of Transportation EC–8319. A communication from the Regu- transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND latory Liaison, Grain Inspection, Packers a rule entitled ‘‘Offset Deformable Barrier JOINT RESOLUTIONS and Stockyards Administration, Department Crash Test Procedures’’ (RIN2127–AH93), re- The following bills and joint resolu- of Agriculture transmitting, pursuant to ceived March 30, 2000; to the Committee on tions were introduced, read the first law, the report of a rule entitled ‘‘Regula- Commerce, Science, and Transportation. EC–8331. A communication from the Assist- and second times by unanimous con- tions Issued Under the Packers and Stock- sent, and referred as indicated: yards Act (Feed Weight)’’ (RIN0580–AA64), ant General Counsel for Regulations, Depart- received March 30, 2000; to the Committee on ment of Housing and Urban Development, By Mr. GREGG (for himself, Mr. JEF- Agriculture, Nutrition, and Forestry. transmitting, pursuant to law, the report of FORDS, Ms. COLLINS, Mr. VOINOVICH, EC–8320. A communication from the Sec- a rule entitled ‘‘Technical Amendment to Mr. DEWINE, and Mr. SESSIONS): retary of Health and Human Services, trans- the Section 8 Management Assessment Pro- S. 2341. A bill to authorize appropriations mitting, a draft of proposed legislation enti- gram (SEMAP); Correction’’ (RIN2577–AC10) for part B of the Individuals with Disabilities tled ‘‘HCFA User Fee Act of 2000’’; to the (FR–4498–C–03), received March 30, 2000; to Education Act to achieve full funding for Committee on Finance. the Committee on Banking, Housing, and part B of that Act by 2010; to the Committee EC–8321. A communication from the Sec- Urban Affairs. on Health, Education, Labor, and Pensions. retary of Health and Human Services, trans- EC–8332. A communication from the Assist- By Mr. MOYNIHAN (by request): mitting, a draft of proposed legislation enti- ant General Counsel for Regulations, Depart- S. 2342. A bill to amend the Medicare pro- tled ‘‘Child Support Enforcement Amend- ment of Housing and Urban Development, gram under title XVIII of the Social Secu- ments of 2000’’; to the Committee on Fi- transmitting, pursuant to law, the report of rity Act to make Medicare more competitive nance. a rule entitled ‘‘Renewal of Expiring Annual and efficient, to provide for a prescription EC–8322. A communication from the Chief, Contributions Contracts in the Tenant-Based drug benefit, and for other purposes; to the Regulations Unit, Internal Revenue Service, Section 8 Program; Formula for Allocation Committee on Finance. Department of the Treasury, transmitting, of Housing Assistance; Correction’’ (RIN2577– By Mr. MURKOWSKI (for himself and pursuant to law, the report of a rule entitled AB96) (FR–4459–C–07), received March 30, Mr. LEVIN): ‘‘Changes in Amortization Bases-Taxpayer 2000; to the Committee on Banking, Housing, S. 2343. A bill to amend the National His- Relief Act of 1997’’ (Rev. Rul. 2000–20), re- and Urban Affairs. toric Preservation Act for the purposes of es- ceived March 30, 2000; to the Committee on EC–8333. A communication from the Assist- tablishing a national historic lighthouse Finance. ant General Counsel for Regulations, Depart- preservation program; to the Committee on EC–8323. A communication from the Chief, ment of Housing and Urban Development, Energy and Natural Resources. Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the report of By Mr. BROWNBACK (for himself, Mr. Department of the Treasury, transmitting, a rule entitled ‘‘Allocations of Funds Under DASCHLE, Mr. GRAMS, Mr. KERREY, pursuant to law, the report of a rule entitled the Capital Fund; Capital Fund Formula’’ Mr. ASHCROFT, Mr. DEWINE, Mr. ‘‘TD 8879: Kerosene Tax; Aviation Fuel Tax; (RIN2577–AB87) (FR–4423–F–07), received INHOFE, Mr. ROBERTS, Mr. DORGAN, Taxable Fuel Measurement and Reporting; March 30, 2000; to the Committee on Bank- Mr. CONRAD, Mr. LUGAR, Mr. BOND, Tax on Heavy Trucks and Trailers; Highway ing, Housing, and Urban Affairs. Mr. JOHNSON, Mr. BUNNING, Mr. Vehicle Use Tax’’ (RIN1545–AT18), received EC–8334. A communication from the Assist- CRAIG, Mr. HAGEL, and Mr. GRASS- March 30, 2000; to the Committee on Finance. ant General Counsel for Regulations, Depart- LEY): EC–8324. A communication from the Chief, ment of Housing and Urban Development, S. 2344. A bill to amend the Internal Rev- Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the report of enue Code of 1986 to treat payments under Department of the Treasury, transmitting, a rule entitled ‘‘Requirements for Notifica- the Conservation Reserve Program as rentals pursuant to law, the report of a rule entitled tion, Evaluation and Reduction of Lead- from real estate; to the Committee on Fi- ‘‘21 BLS–LIFO Department Store Indexes- Based Paint Hazards in Housing Receiving nance. February 2000’’ (Rev. Rul. 2000–21), received Federal Assistance and Federally Owned By Mr. SCHUMER (for himself and Mr. March 31, 2000; to the Committee on Finance. Residential Property Being Sold; Correc- MOYNIHAN):

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2107 S. 2345. A bill to direct the Secretary of the SUBMISSION OF CONCURRENT AND landmarks, coastal lights, and the Interior to conduct a special resource study SENATE RESOLUTIONS heavens. Hundreds of lighthouses have concerning the preservation and public use The following concurrent resolutions been built along our sea coasts and on of sites associated with Harriet Tubman lo- the Great Lakes, creating the world’s cated in Auburn, New York, and for other and Senate resolutions were read, and purposes; to the Committee on Energy and referred (or acted upon), as indicated: most complex aids to navigation system. No other national lighthouse sys- Natural Resources. By Mrs. FEINSTEIN: By Mr. ROTH: S. Con. Res. 102. A concurrent resolution to tem compares with that of the United S. 2346. An original bill to amend the Inter- commend the bravery and honor of the citi- States in size and diversity of architec- nal Revenue Code of 1986 to reduce the mar- zens of Remy, France, for their actions with tural and engineering types. riage penalty by providing for adjustments respect to Lieutenant Houston Braly and to My legislations pays tribute to this to the standard deduction, 15-percent and 28- recognize the efforts of the 364th Fighter legacy and establishes a process which percent rate brackets, and earned income Group to raise funds to restore the stained will ensure the protection and mainte- credit, and for other purposes; placed on the glass windows of a church in Remy; to the nance of these historical lighthouses so calendar. Committee on the Judiciary. that future generations of Americans By Mr. CONRAD (for himself, Mr. REID, Mr. JOHNSON, Mr. LEVIN, Mr. KEN- STATEMENTS ON INTRODUCED will be able to appreciate these treas- NEDY, Mrs. LINCOLN, Mr. BAYH, and BILLS AND JOINT RESOLUTIONS ured landmarks. The legislation authorizes the Sec- Mr. ROCKEFELLER): By Mr. MURKOWSKI (for himself S. 2347. A bill to provide grants to partner- retary of the Department of the Inte- and Mr. LEVIN): ships to establish and carry out information rior, through the National Park Serv- technology training programs and to provide S. 2343. A bill to amend the National ice, to establish a historic lighthouse incentives for educators to obtain informa- Historic Preservation Act for the pur- preservation program. The Secretary is tion technology certification, and for other poses of establishing a national his- charged with collecting and sharing in- purposes; to the Committee on Health, Edu- toric lighthouse preservation program; formation on historic lighthouses; con- cation, Labor, and Pensions. to the Committee on Energy and Nat- ducting educational programs to in- By Mr. WELLSTONE: ural Resources. S. 2348. A bill to provide for fairness and form the public about the contribution NATIONAL HISTORIC LIGHTHOUSE PRESERVATION accuracy in student testing; to the Com- to society of historic lighthouses; and ACT OF 2000 mittee on Health, Education, Labor, and maintaining an inventory of historic Pensions. Mr. MURKOWSKI. Mr. President, lighthouses. By Mr. THOMAS (for himself and Mr. with my colleague from Michigan, I am A historic light station is defined as ENZI): proud to introduce the National Light- a lighthouse, and surrounding prop- S. 2349. A bill to amend part D of title IV house Preservation Act of 2000. This erty, at least 50 years old, which has of the Social Security Act to permit States bill would amend the National Historic been evaluated for inclusion on the Na- with proven cost-effective and efficient child Preservation Act to establish a historic tional Register of Historic Places, and support collection systems to continue to op- lighthouse preservation program with- included in the Secretary’s listing of erate such systems; to the Committee on Fi- in the Department of the Interior. It is historic light stations. nance. similar to a bill that the Senate passed By Mr. HATCH (for himself and Mr. Most important, the Secretary, in BENNETT): in the 105th Congress. conjunction with the Administrator of S. 2350. A bill to direct the Secretary of the The legislation directs the Secretary General Services, is to establish a proc- Interior to convey to certain water rights to of the Interior and the Administrator ess for identifying, and selecting Duchesne City, Utah; to the Committee on of General Services to establish a proc- among eligible entities to which a his- Energy and Natural Resources. ess for conveying historic lighthouses toric lighthouse could be conveyed. El- By Mr. HATCH (for himself and Mr. which are around our coastal areas and igible entities will include Federal BENNETT): Great Lakes when these lighthouses agencies, State agencies, local commu- S. 2351. A bill to provide for the settlement have been deemed to be in excess of nities, nonprofit corporations, and edu- of the water rights claims of the Shivwits Federal needs of the agency owning Band of the Paiute Indian tribe of Utah, and cational and community development for other purposes; to the Committee on In- and operating the lighthouse. For enti- organizations financially able to main- dian Affairs. ties eligible to receive a historic light- tain a historic lighthouse, including By Mr. GRAHAM: house, it would be for the uses of edu- conformance with the National His- S. 2352. A bill to designate portions of the cational, park, recreation, cultural, toric Preservation Act. When a historic Wekiva River and associated tributaries as a and historic preservation. And the lighthouse has been deemed excess to component of the National Wild and Scenic agencies that would be included would the needs of the Federal agency which Rivers System; to the Committee on Energy be Federal or State agencies, local gov- manages the lighthouse, the General and Natural Resources. ernments, nonprofit corporations, edu- Services Administration will convey it, By Mr. AKAKA (for himself, Mr. cational agencies, and community de- for free, to a selected entity for edu- INOUYE, Mr. MURKOWSKI, Mr. JOHN- velopment organizations, and so forth. SON, and Mr. STEVENS): cation, park, recreation, cultural, and S. 2353. A bill to amend the Higher Edu- There is no question that the historic historic preservation purposes. cation Act of 1965 to improve the program lighthouses would be conveyed in a My legislation also recognizes the for American Indian Tribal Colleges and Uni- nonfee structure to selected entities value of lighthouse friends groups. versities under part A of title III; to the which would have the obligation to Often, these groups have spend signifi- Committee on Indian Affairs. maintain the integrity of these historic cant time and resources on preserving By Mr. ROTH (for himself and Mr. structures. the character of historic lighthouses MOYNIHAN): The historic lighthouses would revert only to have his work go to waste when S. 2354. A bill to amend the Internal Rev- back to the United States if a property the lighthouse is transferred out of enue Code of 1986 to prevent the duplication ceases to be used for education, park, of losses through the assumption of liabil- Federal ownership. Under current Gen- ities giving rise to a deduction; to the Com- recreation, cultural or historic preser- eral Services Administration regula- mittee on Finance. vation purposes, or failed to be main- tions, these friends groups are last on By Mr. SANTORUM: tained in compliance with the National the priority list to receive a surplus S. 2355. A bill to amend the Individuals Historic Preservation Act. light station in spite of their efforts to with Disabilities Education Act to modify Lighthouses are among the most ro- protect it. My bill gives priority con- authorizations of appropriations for pro- mantic reminders of our country’s sideration to public entities who sub- grams under such Act; to the Committee on maritime heritage. Marking dangerous mit applications in which the public Health, Education, Labor, and Pensions. headlands, shoals, bars, and reefs, these entity partners with a nonprofit By Mr. LUGAR (for himself and Mr. structures played a vital role in indi- friends group. HARKIN): cating navigable waters and supporting Everyone agrees that the historic S. 2356. A bill to amend the Richard B. Rus- sell National School Lunch Act to improve this Nation’s maritime transportation character of these lighthouses needs to management of the child and adult care food and commerce. These lighthouses be maintained. But the cost of main- program; to the Committee on Agriculture, served the needs of the early mariners taining these historic structures is be- Nutrition, and Forestry. who navigated by visual sightings on coming increasingly high for Federal

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2108 CONGRESSIONAL RECORD — SENATE April 4, 2000 agencies in these times of tight budg- historic lighthouses are maintained S. 2347. A bill to provide grants to etary constraints. These lighthouses and publicly accessible. partnerships to establish and carry out were built in an age when they had to I urge all my colleagues to support information technology training pro- manned continuously. Today’s ad- this legislation. grams and to provide incentives for vanced technology makes it possible to Mr. LEVIN. Mr. President, I am educators to obtain information tech- build automated aids to navigation pleased to cosponsor the National His- nology certification, and for other pur- that do not require around-the-clock toric Lighthouse Preservation Act. poses; to the Committee on Health, manning. This technology has made Michigan is second only to Alaska in Education, Labor, and Pensions. many of these historic lighthouses ex- length of shoreline. However, Michigan INFORMATION TECHNOLOGY ACT OF 2000 pensive anachronisms which Federal is second to none in the number of ∑ Mr. CONRAD. Mr. President, in the agencies must maintain even if they no lighthouses which grace its shores. past decade, the United States has ex- longer use them as navigational aids. Michigan has over 120 lighthouses. As perienced unparalleled economic My legislation ensures that the his- such, it is most appropriate indeed that growth. Unemployment has been low, toric character of these lighthouses are I work with my friend and colleague inflation has not been a major concern maintained when the lighthouses are from Alaska, Senator MURKOWSKI, in and job opportunities for college grad- no longer needed by the Federal Gov- introducing this legislation. uates and many other U.S. workers ernment. When the historic lighthouse For centuries our nation’s light- have been plentiful. In so small meas- is conveyed out of Federal ownership, houses have served as beacons to mari- ure, this economic achievement has the entity which receives the light- ners guiding them on their journeys. been the result of the extraordinary house must maintain it in accordance Due to recent navigational advances, growth and opportunities provided by with historic preservation laws and these lights often no longer serve the the high tech industry. standards. A lighthouse would revert noble purpose for which they were According to the most recent infor- to the United States, at the option of built. The current custodian of many of mation from the American Electronics the General Services Administration, if these lights, the United States Coast Association (AEA), the high tech- the lighthouse is not being used or Guard, has neither the funding nor nology industry has added more than 1 maintained as required by the law. manpower to maintain these majestic million jobs to the U.S. economy be- In the event no government agency lights. This act will help ensure proper tween 1993 and 1998. High tech employ- or nonprofit organization is approved stewards are found for these American ment has soared from 3.9 million jobs to receive a historic lighthouse, it Castles, thus ensuring they will remain in 1993 to more than 4.8 million jobs in would be offered for sale by the General cultural beacons for generations to 1998. The industry is one of the fastest Services Administration. The proceeds come. growing segments of the U.S. economy. from these sales would be transferred Over the next 10 years the U.S. Coast In North Dakota, growth in high to the National Maritime Heritage Guard has said it will be transferring technology, particularly in software Grant Program within the National from its ownership at least 70 of Michi- and computer-related services, has Park Service. Congress established the gan’s historic lighthouses. I have been tracked U.S. high tech expansion. In- National Maritime Heritage Grant Pro- working with the Michigan Lighthouse formation from the American Elec- gram in 1994 to provide grants for mari- Project to identify future custodians of tronics Association shows that North time heritage preservation and edu- these lighthouses. This legislation is Dakota was one of the few states that cation projects. Unfortunately, funding essential to facilitate the transfer of led the nation in the percentage of for this program has been nonexistent the Michigan lighthouses and other high-tech employment growth. Be- so the proceeds from any historic light- lighthouses around the country. Cur- tween 1990 and 1997, North Dakota al- house sales would help ensure the pro- rently, through the existing govern- most doubled its high tech employment gram’s viability. ment transfer process, there is no way from 2,800 to 5,300 workers, a growth It is my intent to ensure that coastal to easily transfer lighthouses to non- rate of 91 percent. towns, where a historic lighthouse is profit historical societies. This legisla- Despite this extraordinary growth in an integral part of the community, tion sets up an expedited GSA process the high tech industry over the past would receive a historic lighthouse allowing lighthouses to be transferred decade, and trends which indicate that when it is no longer needed by the Fed- by the government directly to non- the high-tech industry will continue to eral Government. These historic light- profit historical organizations. be among the fastest growing job seg- houses could be used by the community This legislation is needed to allow for ments in the 21st century, one of the as a local park, a community center, or and facilitate the transfers of these biggest challenges of the high-tech in- a tourist bureau. It also would ensure lighthouses to non-profit historical or- dustry is ensuring an adequate supply that historic lighthouse friends groups ganizations who will preserve and care of skilled IT workers. or lighthouse preservation societies, for them and keep them in the ‘‘public In 1997, the Department of Commerce which have voluntarily helped to main- domain’’ where they can be enjoyed by and the Information Technology Asso- tain the historic character of the light- all, once they are transferred. ciation of America (ITAA) reported on house, could receive an excess light- Last Congress I cosponsored a similar the critical shortage of skilled high- house. bill which passed the Senate but died tech workers in the U.S. The ITAA re- Mr. President, I know firsthand the in a House Committee. This Congress, leased a study which estimated the importance and allure of these historic we have worked with all the Federal current shortage of skilled workers in lighthouses. When I was in the Coast agencies involved with lighthouse various information technology fields Guard, I helped maintain lighthouses transfers as well as with the Great at more than 340,000. Moreover, the De- and other navigational aids. These Lakes Lighthouse Keepers Association partment of Labor projected that our lights were critical to safe maritime to develop this slightly modified bill. economy would require more than traffic and I took my responsibilities I hope the National Historic Light- 130,000 jobs in information tech- seriously knowing that lives were de- house Preservation Act will be enacted nology—systems analysts, computer pendent on it. quickly so that we can begin the or- scientists, and engineers—annually for By preserving historic lighthouses, derly and timely process of transfer- the next 10 years. we preserve a symbol of that era in ring our treasured historic lighthouses Mr. President, during the closing American history when maritime traf- to the appropriate historical institu- days of the 105th Congress, the Senate fic was the lifeblood of the Nation, tions that will care for them and make took the first steps to respond to the tying isolated coastal towns through them accessible to the public. IT worker shortage by voting to in- trade to distant ports around the crease the annual cap on H1B visas. world. Hundreds of historic lighthouses By Mr. CONRAD (for himself, Mr. This increase, which I supported, en- are owned by the Federal Government REID, Mr. JOHNSON, Mr. LEVIN, ables foreign workers to be employed and many of these are difficult and ex- Mr. KENNEDY, Mrs. LINCOLN, in the U.S. high-tech industry. pensive to maintain. This legislation Mr. BAYH, and Mr. ROCKE- During this debate on H1B visas and provides a process to ensure that these FELLER): the IT worker shortage, I introduced

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2109 legislation to encourage IT training Currently, the Department of Edu- (3) INFORMATION TECHNOLOGY CERTIFI- partnerships between the private sec- cation, through a number of profes- CATION.—The term ‘‘information technology tor and education communities as an- sional development programs including certification’’ means certification in infor- other option for responding to the the Technology Literacy Challenge mation technology, in accordance with such standards as— worker shortage. Fund, offers educators a number of op- (A)(i) the Computing Technology Industry Now, as the Senate returns for the 2d portunities for training to integrate Association, the Information Technology Session of the 106th Congress, and as technology into school classrooms. Training Association, the International So- projections for the IT worker shortage But according to the National Center ciety for Technology in Education, or an- are increasing, the Senate will consider for Education Statistics, only 20 per- other information technology professional legislation to raise the cap on H1B cent of full-time public school teachers association may issue, after consultation visas beyond the increase approved in believe that they are well prepared to with chief education officers of States, State 1998. There are few proposals, however, integrate technology into the class- boards and entities that certify or license to authorize significant incentives to teachers, and other entities impacted by the room. Approximately 79 percent of standards; or encourage IT training for American teachers believe that they do not get (ii) a State board or entity that certifies or workers. In 1998, we authorized only a enough help in preparing to use tech- licenses teachers may issue, after consulta- small amount of funding for IT train- nology in the classroom. tion with chief education officers of States, ing and education from the fees col- The need for this technology training and other entities impacted by the stand- lected under the H1B expansion. was also underscored in a recent survey ards; and There is no question that recruit- of educators by Education Week. High- (B) the Secretaries may approve. ment of skilled foreign workers is very lights of this survey regarding teach- (4) INFORMATION TECHNOLOGY TRAINING PRO- important for the IT industry. Indeed, er’s training were reported in a Wash- GRAM.—The term ‘‘information technology training program’’ means a program for the it will be necessary to increase that ington Post article on March 18, 2000. training of— cap again before adjournment of the Clearly, teachers should be offered (A) computer programmers, systems ana- 106th Congress. Increasing the H1B visa more opportunities for information lysts, and computer scientists or engineers cap alone, however, will not solve the technology training. (as such occupations are defined by the Bu- IT worker shortage. Mr. President, as the Senate con- reau of Labor Statistics); and Congress must also examine longer siders options to respond to the IT (B) persons for such other occupations as term solutions to encourage the expan- worker shortage, several pending meas- are determined to be appropriate by the Sec- sion of IT training and education. ures, including raising the H1B cap, re- retaries, after consultation with a working Many key firms, including Cisco Sys- group broadly solicited by the Secretaries authorization of the Elementary and and open to all interested information tech- tems, Texas Instruments, Microsoft, Secondary Education Act, and tax re- nology entities and trade and professional EDS, Lucent and IBM, are currently lief legislation will provide excellent associations. providing excellent training and edu- opportunities to establish a com- (5) INSTITUTION OF HIGHER EDUCATION.—The cational opportunities in IT. These prehensive IT worker shortage policy. term ‘‘institution of higher education’’ has firms are also encouraging individuals I urge my colleagues to work to- the meaning given the term in section 102 of of all ages to think about career oppor- gether during the remaining days of the Higher Education Act of 1965 (20 U.S.C. tunities in information technology. the 106th Congress and support a pack- 1002). But, without question, the demand for age of IT worker shortage initiatives (6) NATIVE AMERICAN.—The term ‘‘Native American’’ means an Indian or a Native Ha- IT workers is growing, and raising the that will help American firms not only waiian, as defined in section 166(a) of the H1B cap by itself will not provide the maintain their competitive edge in the Workforce Investment Act of 1998 (29 U.S.C. skilled IT work force that is necessary world market, but enable Americans 2911(a)). in the coming decade. who are not now part of the IT expan- (7) SECRETARIES.—The term ‘‘Secretaries’’ Following up my initiative in the sion to have that opportunity. I wel- means the Secretary of Education and the 106th Congress to authorize a tax credit come cosponsors of the Information Secretary of Labor, acting jointly. for information technology training, S. Technology Act of 2000. Mr. President, (8) VETERAN.—The term ‘‘veteran’’ has the 456, I am introducing the Information I ask unanimous consent that the text meaning given the term in section 101 of the Technology Act of 2000 to provide addi- Workforce Investment Act of 1998 (29 U.S.C. of this legislation and the article enti- 2801). tional incentives for IT training and tled ‘‘Teachers Online but Discon- SEC. 3. INFORMATION TECHNOLOGY TRAINING education partnerships. I am very nected,’’ from the Washington Post be PROGRAM GRANTS. pleased that Senators REID, JOHNSON, printed in the RECORD. (a) IN GENERAL.—The Secretaries may LEVIN, KENNEDY, LINCOLN, BAYH, and There being no objection, the mate- make grants to eligible partnerships to pay ROCKEFELLER are joining as original rial was ordered to be printed in the for the Federal share of the cost of estab- cosponsors of this legislation. RECORD, as follows: lishing and carrying out information tech- The Information Technology Act of S. 2347 nology training programs for minorities, women, older individuals, veterans, Native 2000 would authorize $100 million in FY Be it enacted by the Senate and House of Americans, dislocated workers, and former 2001 in matching Federal funds through Representatives of the United States of America participants in information technology the Departments of Education and in Congress assembled, training programs who have not received in- Labor to encourage IT training part- SECTION 1. SHORT TITLE. formation technology certification. nerships between the education com- This Act may be cited as the ‘‘Information (b) PARTNERSHIPS.—To be eligible to re- munity and private sector. The edu- Technology Act of 2000’’. ceive a grant under subsection (a), a partner- cation partnerships would encourage SEC. 2. DEFINITIONS. ship shall consist of— IT training for those individuals that In this Act: (1) an institution of higher education; and are the most underrepresented in the (1) CERTIFIED COMMERCIAL INFORMATION (2) a private organization, such as a cer- TECHNOLOGY TRAINING PROVIDER.—The term tified commercial information technology information technology field—dis- ‘‘certified commercial information tech- located workers, women, veterans, sen- training provider or an information technology training provider’’ means a private nology trade or professional association. ior citizens, the Native American com- sector provider of educational products and (c) APPLICATION.—To be eligible to receive munities and students who have not services utilized for training in information a grant under subsection (a), a partnership completed their high school education. technology that is certified with respect to— shall submit an application to the Secre- Additionally, my legislation would (A) the curriculum that is used for the taries at such time, in such manner, and con- help teachers improve their informa- training; or taining such information as the Secretaries tion technology teaching skills by au- (B) the technical knowledge of the instruc- may require. thorizing a $5,000 bonus for educators tors of such provider, (d) FEDERAL SHARE.— who become certified in one or more by 1 or more software publishers or hardware (1) IN GENERAL.—The Federal share of the information technology skills includ- manufacturers the products of which are a cost described in subsection (a) shall be 50 subject of the training. percent. ing integrating technology into the (2) DISLOCATED WORKER.—The term ‘‘dis- (2) NON-FEDERAL SHARE.—The non-Federal classroom. $100 million would be au- located worker’’ has the meaning given the share of the cost shall be provided in cash or thorized annually for this program for term in section 101 of the Workforce Invest- in kind, fairly evaluated, including plant, five years beginning in FY 2001. ment Act of 1998 (29 U.S.C. 2801). equipment, or services.

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(e) AUTHORIZATION OF APPROPRIATIONS.— equipment; Sanders Corner has 4.4 students dangling from the black-board. Browsing the There are authorized to be appropriated to per computer, as does Jermantown. Nor is it site spurred a debate among the students carry out this section $100,000,000 for fiscal necessarily a question of how much formal about Henry’s motives in challenging Eng- year 2001 and such sums as may be necessary training a school’s teachers have received. land. for each subsequent fiscal year. Teachers and school officials say the gap When they studied Benjamin Franklin, SEC. 4. BONUS GRANTS FOR INFORMATION TECH- instead boils down to the fact that some Jone’s fifth-graders e-mailed a Web site on NOLOGY CERTIFICATION. teachers are getting far more help than oth- Franklin and got responses as if they were (a) IN GENERAL.—The Secretary of Edu- ers in building on what they learned in tech- written by the historical figure. They also cation may make grants to appropriate orga- nology training class. And some teachers are took a virtual tour of Colonial Williamsburg nizations, to assist the organizations in more motivated than others to seek such on www.history.org. awarding bonuses to teachers who achieve help in the first place. Jones and other teachers at Sanders Cor- information technology certification. Some schools, like Sanders Corner, have a ner say they get a huge boost from having (b) AMOUNT.—Subject to the availability of full-time technology specialist who is regu- someone at the school all day whose sole job appropriations under subsection (d), the Sec- larly giving teachers ideas on how to use is to help them blend technology with in- retary of Education shall award a grant to computers to enliven their lessons; many struction. an organization under subsection (a) in an others, like Jermantown, have to share that That person is Kathy Hayden, a technology amount not greater than the product of person with other schools. resource teacher since 1995. Hayden was a $5,000 and the number of teachers described Even at a school with its own technology fourth-grade instructor in Loudoun who in subsection (c)(2). coach, it is ultimately up to each classroom loved using computers in class. School staff (c) APPLICATION.— teacher to make the effort to plan a com- members say her advice carries weight be- (1) IN GENERAL.—To be eligible to receive a puter-centered lesson or project. And pa- cause she truly understands a class-room grant under this section, a local educational tience, enthusiasm, learning curve and plan- teacher’s job. agency shall submit an application to the ning time can vary enormously from one At Sanders Corner, Hayden started ‘‘Tech Secretary of Education at such time, in such teacher to another. Tuesday,’’ a weekly training session that ro- manner, and containing such information as ‘‘There are some teachers out there who tates among small groups of teachers with the Secretary may require. are extraordinary. They pretty much taught common interests or skills. She also attends (2) CONTENTS.—At a minimum, the applica- themselves,’’ said Linda G. Roberts, director planning meetings of same-grade teachers. tion shall contain information describing the of educational technology at the U.S. De- Some-times she will teach a lesson with a number of teachers that— partment of Education. ‘‘Another group is classroom instructor who is shy about using (A) have achieved information technology using some of the resources but is easily dis- computers. certification, including such certification for couraged . . . Most teachers want to learn, Ricki Fellows had been teaching for 23 integrating information technology into the but they say it takes time and they need years but rarely used computers with her classroom and a curriculum; help.’’ students until she arrived at Sanders Corner (B) have not previously received awards The result is that the impact of computers last fall and got some coaching from Hayden. under this section; and on instruction continues to lag behind their ‘‘I had some mixed feelings about it,’’ Fel- (C) have entered into agreements with the presence in schools, both in the Washington lows said. ‘‘It was really fear of the un- agency to continue to teach for the agency area and nationwide. More than 95 percent of known.’’ for periods of not less than 3 years, after re- schools and nearly two-thirds of class-rooms Now, that fear is gone. Recently Fellows’s ceiving bonuses under this section. have computers connected to the Internet. third-graders went on a field trip to the (d) AUTHORIZATION OF APPROPRIATIONS.— Yet in a recent survey by the National Cen- Smithsonian Institution. With a digital cam- There are authorized to be appropriated to ter for Education Statistics, 79 percent of era, she snapped photos of Egyptian art for carry out this section $100,000,000 for each of teachers said they don’t get enough help social studies class, and rocks and minerals fiscal years 2001 through 2005. using technology in the classroom. Another for science. Back in class, the students poll, by Education Week magazine, found downloaded the film, selected photos, and [From the Washington Post, Sat., Mar. 18, that only 50 percent of teachers support les- wrote and edited essays on their computers 2000] sons with computer software. about what they had seen at the museum. Educators and business leaders worry that ‘‘I really am excited again about teach- TEACHERS ONLINE BUT DISCONNECTED the inconsistencies threaten the popular no- ing,’’ Fellows said. ‘‘I’m learning and I’m (By Liz Seymour) tion that the nation’s billion-dollar invest- growing—that’s what it’s all about.’’ At Sanders Corner Elementary School in ment in hardware and software will lead to The Maryland Business Roundtable has Loudoun County, the computer has become a better learning for schoolchildren. urged school districts to put a full-time tech- teaching tool almost as basic as the text- ‘‘We’re not seeing the professional develop- nology specialist in every school. Loudoun book or the blackboard. ment at the level that we’d like, and there is already does that, but most Washington area In third-grade science class, students have not the integration of technology day in and districts don’t. created a database to distinguish between day out that we’d like to see,’’ said June ‘‘After you’re trained, you can’t ask any- terrestrial and aquatic animals. In fourth- Streckfus, executive director of the Mary- one any questions,’’ said Ann Mallon, a first- grade social studies, classes explore the Web land Business Roundtable, a nonprofit group grade teacher at Jermantown Elementary, to learn about American Colonial history. In of business leaders that is monitoring com- which shares a technology specialist with six English classes in various grades, children puter use in Maryland schools. other schools, the typical ratio in Fairfax write stories on computers and turn them School administrators generally do not County’s school system. ‘‘When we don’t into a multimedia presentation. measure how well or how often teachers use have a person here, we stop using the pro- But what’s routine at Sanders Corner is classroom technology. Nor have schools de- grams.’’ not at all typical at Jermantown Elemen- veloped guidelines on what role computers Fairfax school officials have proposed tary School in Fairfax County. Although should play in the curriculum, either by aca- spending $4 million to hire an additional 114 Jermantown has plenty of computers, its demic subject or by grade level. Some school technology specialists, so that each would be teachers say they don’t know enough to take systems, such as Montgomery County, have assigned to no more than two schools. full advantage of them. started posting technology ideas for teachers But even teachers who have regular access Sixth-grade teacher Eric Fleming, for ex- on their Web sites, and some schools are to an expert coach say they don’t get enough ample, would love to convert his students’ cataloguing technology resources for class planning time to develop computer-based weekly newspaper into a classroom-designed instruction. lessons. In many cases, teachers say, they Web site where parents could see what their There is no consensus among educators on spend hours on their home computers rum- children had learned each day. The school’s how much computers benefit the learning maging for Web sites. hardware and software are capable of such an process. But teachers who use them often in In coming weeks, Kim Price will teach me- effort, but he isn’t. ‘‘That’s all well beyond their classes say that Web browsing and edu- teorology to her fourth-graders at Fairfax’s me,’’ said Fleming, considered one of cational software usually increase students’ Crossfield Elementary by having them cre- Jermantown’s most computer-fluent instruc- interest in a topic and sometimes trigger un- ate a weather map based on data they find tors. ‘‘I need someone to teach me how to do derstanding when either teaching methods on the Web. ‘‘This is the coolest thing I’ve this.’’ have failed. ever done,’’ she said. Contrasts like the one between Sanders ‘‘It’s such a part of our lives,’’ said Susan It also took her an entire school day and Corner and Jermantown—both in affluent Jones, a fifth-grade teacher at Sanders Cor- about three hours on her computer at home school districts—turn up many times across ner who constantly includes technology in to develop the project and write the instruc- the Washington suburbs, and sometimes her lessons. ‘‘Any way I can do it, I will.’’ tions on a specially designed Web site. exist within the same school. Some class- Jones recently posed this question to her ‘‘This is one of the problems,’’ said Price, rooms use computers constantly, while oth- fifth-grade history class: Did Patrick Henry whose school has a part-time specialist. ‘‘It ers rarely incorporate them into daily ac- really commit such a heinous act as treason? takes hours to do anything worthwhile. If tivities. The lights went off and the Web site of you have a half-hour to 45 minutes in any It is a digital divide that often has little to Henry’s last home and burial place, one block of planning time, that’s not do with a school’s supply of technology www.redhill.org, was projected onto a screen enough.’’

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2111 More planning time must be built into vision of the Information Technology year, the Consortium for Outstanding teachers’ schedules, at least until they ac- Act is essential, if we are going to real- Achievement in Teaching with Tech- quire more hands-on experience with their ize the full potential of our investment nology {COATT} will award special cre- computers, said Roberts, the U.S. Depart- in new technology in the classroom. So dentials to new teachers who have ment of Education official. As for the formal computer training their few of our school districts have been demonstrated an exceptional ability to school systems provide, most of the teachers able to offer state-of-the-art training, use information technology as a teach- interviewed said it is usually just a few or any training at all for that matter, ing tool. The legislation we are intro- hours at the beginning of the school year and to their teaching staff. Students today ducing today supports and com- covers only the basics. are in the midst of a technology explo- pliments this effort in Michigan. It will Patrick F. Chorpenning Jr., who teaches sion that has opened up limitless possi- advance current efforts in my state to government at Fairfax’s West Potomac High bilities in the classroom. In order for excel in education technology. And it School, says he seldom bother to take such them to tap into this potential and be will advance education technology courses. Chorpenning acquired his tech- prepared for the jobs of the 21st cen- across this Nation. Our legislation pro- nology know-how during his former career as a business executive, and he says he has tury, they must learn how to use new vides an incentive and a reward that learned on his own how to use computers in technologies. But all too often, teach- will result in effectively equipping his classes. ers are expected to incorporate tech- more and more teachers with the tech- He projects Web sites in his classroom to nology into their instruction without nology expertise they need to stimu- illustrate various points about today’s poli- being given the training to do so. It is late the interests of their students, tics, and he gives students lists of sites to not enough for teachers to be able to raise student potential for learning, peruse and assigns them to report back on email or use computers to keep attend- and increase student achievement. It what they find. ance or grade their students, they must has been a pleasure working with Sen- Education officials and business leaders use this education technology to ad- ator CONRAD in fine tuning specific pro- say making computers a more standard part of instruction will require more spending on vance their curriculum. According to a visions of this legislation to more di- teacher training and tougher standards for recent survey by the National Center rectly reflect the successful model technology competency. for Education Statistics, 79 percent of we’ve created in my home state for giv- Virginia has established teacher com- teachers said they do not get enough ing special recognition to new teachers petency standards in technology, although help using technology in the class- who are able to apply technology in they are not related to a teacher’s recertifi- room. Last year, a report by Education classroom instruction. cation. Maryland has no such requirements. Week’s National Survey of Teachers’ I am pleased that the formation of Business executives also have urged teach- Use of Digital Content revealed some COATT gives my state a head start in er colleges to assess whether they are giving this direction. And, I am delighted that students enough technology advice. Surveys startling findings relative to the lack have shown that even recent graduates of of teacher training in integrating tech- such an impressive slate of higher edu- such programs, who were raised with com- nology into the curriculum. In a na- cational institutions from Michigan puters, are poorly prepared to use them in tional poll of over 1,400 teachers, 36 have signed on to the COATT initia- class. percent of teachers responded that tive, including Albion College, Andrews At Jermantown Elementary, teachers’ they received absolutely no training in University, Eastern Michigan Univer- computer literacy is likely to be higher next integrating technology in the cur- sity, Ferris State University, Lake Su- year. Because it is merging with another riculum; another 36 percent said they perior State University, Michigan school and is being designated a ‘‘focus State University, Oakland University, school’’ for communications and art, had only received 1 to 5 hours of such Jermantown will get three fully-time tech- training; 14 percent received 6 to 10 University of Detroit-Mercy, Univer- nology specialists, as well as more com- hours of such training; and only 7 per- sity of Michigan, University of Michi- puters. cent received between 11–20 hours. gan-Dearborn, Wayne State University ‘‘A whole new world will open up,’’ said In a very in-depth look at Michigan and Western Michigan University. New Susan D. Kane, the school’s principal. ‘‘You schools and technology several years teachers with COATT credentials will can see where they’re at now—where you do ago, I learned that despite the utiliza- have an advantage in the job market what you can and you hope for the best.’’∑ tion of education technology in a few and school districts will benefit by ∑ Mr. LEVIN. Mr. President, I am localities, Michigan as a whole was knowing which applicants are qualified pleased to join Senator CONRAD and below the national average in every in using technology effectively in their Senator REID in introducing the Infor- measure of the use of technology in our instruction. The letter of agreement mation Technology Act. The dual goal schools. Michigan ranked 44 in teacher signed by each COATT member in com- of this legislation is to ensure that training in the use of technology. Ten mitting their institutions to provide every teacher in America has the abil- percent of Michigan teachers reported the resources to achieve the success of ity to integrate technology into the that they had less than 9 hours of tech- the COATT initiative is included at the classroom and the curriculum; and to nology training. Michigan ranked 32 end of my remarks. Michigan is al- train our citizens to meet the demand among the states in the ratio of stu- ready recognized as a leader in pro- for the thousands of jobs that will need dents per computer. These findings producing new teachers and if we set our to be filled in the next decade. pelled me in a direction that has reminds to it, I’m convinced we can be Mr. President, our legislation estab- sulted in a number of initiatives to one of the best in the nation when it lishes two initiatives that are aimed at turn Michigan around—to raise the comes to teaching teachers how to in- achieving these goals. First, it author- State’s use of education technology. I tegrate technology in the classroom izes $100 million for the creation of a convened an Education Technology and into the curriculum. Teacher Tech Bonus in the amount of Summit that brought together over 400 I’d like to mention yet another key $5,000. The bonuses will be awarded to business leaders, school administra- effort I’ve led to advance Michigan’s teachers who successfully train and re- tors, school board members, foundation standing in education technology. It is ceive certification in the use of tech- representatives, deans of Michigan’s the establishment of the Teach for To- nology in the classroom and in the cur- colleges of education and others to morrow Project (TFT), which provides riculum, or teachers who become cer- identify ways in which Michigan could on-line and in-person technology train- tified to teach courses in computer excel in the area of Education tech- ing, including credentials, to in-service technology. Bonuses would be provided nology. teachers, who then return to their by the U.S. Department of Education Some key elements of the plan of ac- schools and teach other teachers what through grants to Local Education tion which followed that Education they have learned. By using technology Agencies (LEA). As a condition for re- Technology Summit include the forma- to teach the technology, training can ceipt of bonuses, teachers are required tion of a consortium that will establish be accessed statewide and at a time to enter into agreements with their the Nation’s highest standards for and location which are convenient to LEA to continue to teach within that training and certifying new teachers to the learners. Central Michigan Univer- LEA for periods of not less than three use technology in the classroom and to sity has approved the use of TFT mate- years, and such other requirements as integrate it into the curriculum. Be- rials as a professional development established by the Secretary. This pro- ginning with the 1999–2000 academic course eligible for graduate credit

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2112 CONGRESSIONAL RECORD — SENATE April 4, 2000 hours when done in conjunction with (4) Each institution shall provide adequate most basic, promised rights of our de- local onsite training. Under the legisla- and relevant learning opportunities in the mocracy. Our chronic refusal as a nation we are now introducing, teachers application of educational technology for tion to guarantee that right for all students who wish to acquire COATT certifi- may also qualify for a bonus if they cation. children, including poor children, is a train and become certified to teach (5) Each institution shall provide adequate national disgrace. other teachers. resources for COATT applicants to produce, Today I am introducing legislation Finally, Mr. President, the legisla- maintain, and gain access to their COATT that would stem the growing trend of tion we are introducing creates an In- digital portfolios. misusing high stakes tests. The legisla- formation Technology Training initia- (6) Each institution shall be responsible for tion would require that states and dis- tive through which Federal matching recommending and pre-certifying COATT ap- tricts use multiple measures of student plicants. grants would be awarded to partner- (7) Each institution shall involve its fac- performance in addition to standard- ships between higher educational insti- ulty and other qualified personnel in COATT ized tests if they are going to use tests tutions, or a private organization or a evaluation teams. as part of a high stakes decision. The business, which may include a commer- By signing below, we understand that we amendment will also require that if cial information technology training are committing our institutions to provide tests are used, they must be valid and provider and information technology the personnel resources, and opportunities reliable for the purposes for which they trade or professional association, to described in the above seven points. We rec- are used; must measure what the stu- ognize that this level of commitment is cru- provide training and education to indi- cial to the success of the COATT initiative. dent was taught; and must provide ap- viduals who are under-represented in Reuben Rubio, Director of the Ferguson propriate accommodations for students the information technology profession. Center for Technology-Aided Teaching, with limited English proficiency and Under-represented individuals would Albion College; Dr. Niels-Erik disabilities. include, but not be limited to, such in- Andreasen, President, Andrews Univer- I would like to explain exactly why dividuals as dislocated workers, vet- sity; Dr. Jerry Robbins, Dean of the this bill would be so important and erans, students who have not com- School of Education; Eastern Michigan why I seek your support for it. If there pleted their high school education, University; Dr. Nancy Cooley, Dean of is any question about whether or not the College of Education, Ferris State we have, as a nation, overemphasized older Americans, women, individuals University; Dr. David L. Toppen, Exec- who have already received training but utive Vice President and Provost, Lake high stakes standardized testing, and if have not been certified, and others. Superior State University; Dr. Carole there is any question that this over- The bill also authorizes $100 million for Amers, Dean of the College of Edu- emphasis has taken so much of the ex- this provision, which requires a 50 per- cation; Michigan State University; Dr. citement out of teaching and learning cent non-Federal match requirement Jantes Clatworthy, Associate Dean of for so many people across the country, that may be in the form of cash, equip- the School of Education and Human I would like to open my remarks with ment and/or in-kind services. Resources, Oakland University; Aloha some excerpts from a newspaper article Van Camp, Acting Dean of the College from one of our state capitols earlier This legislation, The Information of Education and Human Services, Uni- Technology Act, will be good for our versity of Detroit-Mercy; Dr. Karen this year. The state is in the process of schools. It will be good for the U.S. Wixson, Dean of the School of Edu- implementing high stakes tests for pro- economy. I urge its speedy enactment. cation, University of Michigan; Dr. motion. This article addresses how In closing, I would like to share with Robert Simpson, Provost, University of schools and students in the state are my colleagues the organizational en- Michigan-Dearborn; Dr. Paula Wood, dealing with the preparation and stress dorsements of this legislation, which Dean of the College of Education, of the pending high stakes test. The include: The National Education Asso- Wayne State University; Dr. Alonzo test, which lasts five days, will deter- Hannaford, Associate Dean of the Col- mine, among other things whether stu- ciation, Technology Workforce Coali- lege of Education, Western Michigan tion, Computing Technology Industry University. dents will be promoted and whether Association, American Society for schools will be sanctioned for poor per- Training and Development, Informa- By Mr. WELLSTONE: formance. tion Technology Training Association, S. 2348. A bill to provide for fairness The article describes one teacher who Green Thumb, International Society and accuracy in student testing; to the said, ‘‘I’m thinking about letting us for Technology in Education, American Committee on Health, Education, have a scream day sometime in March, Association of University Women, Con- Labor, and Pensions. when we just go outside and scream,’’ sortium for School Networking, and FAIRNESS AND ACCURACY IN STUDENT TESTING and it continues, ‘‘her principal . . . is the Software Information Industry As- ACT keenly aware of the stress on both stu- sociation. Mr. WELLSTONE. Mr. President, dents and teachers. He told teachers Mr. President, I ask unanimous con- education is, among other things, a during a meeting . . . that he expects sent to print in the RECORD the COATT process of shaping the moral imagina- some students to throw up during the member agreement signed by higher tion, character, skills and intellect of test. He arranged to have all of the education institutions in Michigan. our children, of inviting them into the school’s janitors on duty to clean up There being no objection, the letter great conversation of our moral, cul- any messes.’’ was ordered to be printed in the tural and intellectual life, and of giv- It is no wonder that students are RECORD, as follows: ing them the resources to prepare to stressed. According to the article, ‘‘For CONSORTIUM FOR OUTSTANDING ACHIEVEMENT fully participate in the life of the na- the past eight weeks, Northwestern’s IN TEACHING WITH TECHNOLOGY LETTER OF tion and of the world. school billboard has been updated daily AGREEMENT But today in education there is a with the number of school days left We, the undersigned, commit our institu- threat afoot to which I would like to until the test.’’ tions to be members of the Consortium for call your attention: the threat of high- When I read this story, I wonder why Outstanding Achievement in Teaching with stakes testing being grossly abused in we cannot let children be children? Technology (COATT). In doing so our insti- the name of greater accountability, Why do we impose this misplaced pres- tutions accept the following requirements. sure on children as young as eight (1) Each institution shall designate a fac- and almost always to the serious det- ulty liaison to COATT. This person will par- riment of our children. years old? When I see what is hap- ticipate in an annual review of the COATT Allowing the continued misuse of pening around the country, with more standards and participate in periodic meet- high-stakes tests is, in itself, a gross and more states and districts adopting ings with other core members of the COATT failure of moral imagination, a failure the harsh agenda of high stakes testing organization. both of educators and of policymakers, policies, I am struck by National Edu- (2) Each institution shall designate a per- who persistently refuse to provide the cation Association President Bob son to act as a point of contact within the educational resources necessary to Chase’s comparison of all of these edu- institution for potential COATT candidates. (3) Each institution shall promote COATT guarantee an equally rich educational cational trends to the movie, ‘‘Field of to potential candidates. This might occur experience for all our children. That all Dreams.’’ In my view, it is as though through flyers, regular newsletters, publica- citizens will be given an equal start people are saying, ‘‘If we test them, tions, placement files, etc. through a sound education is one of the they will perform.’’ In too many places,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2113 testing, which is a critical part of sys- necessary to tell educators what stu- rates, increased behavioral problems, temic educational accountability, has dents know and can do . . . the multiple low self-esteem and higher rates of ceased its purpose of measuring edu- measures approach to assessment is criminal activity and suicide. Research cational and school improvement and the keystone to valid, reliable, fair in- on high school dropouts indicates that has become synonymous with it. formation about student achieve- students who do not graduate are more Making students accountable for test ment.’’ likely to be unemployed or hold posi- scores works well on a bumper sticker There are many reasons tests cannot tions with little or no career advance- and it allows many politicians to look be relied upon as the sole determinant ment, earn lower wages and be on pub- good by saying that they will not tol- in making high stakes decisions about lic assistance. erate failure. But it represents a hol- students. The National Research Coun- On a more immediate level, many of low promise. Far from improving edu- cil describes how these tests can be un- my colleagues will remember how 8,600 cation, high stakes testing marks a reliable. The Council concludes that ‘‘a students were mistakenly held in sum- major retreat from fairness, from accu- student’s test score can be expected to mer school because their tests were racy, from quality and from equity. vary across different versions of a test graded incorrectly. It is ironic, because standardized . . . as a function of the particular sam- When we talk about responsibility, tests evolved historically as one way to ple questions asked and/or transitory what could be more irresponsible than ensure more equal opportunity in edu- factors, such as the student’s health on using an invalid or unreliable measure cation. They are supposed to be an in- the day of the test. Thus, no single test as the sole determinant of something strument of fairness because they are score can be considered a definitive so important as high school graduation graded objectively and allow any per- measure of a student’s knowledge.’’ or in-school promotion? son, regardless of background, to dem- The research of David Rogosa at The effects of high stakes testing go onstrate their skill. Stanford University shows how test beyond their impact on individual stu- When used correctly, standardized scores are not valid, in isolation, to dents to greatly impact the edu- tests are critical for diagnosing in- make judgements about individual cational process in general. They have equality and for identifying where we achievement. His study of California’s had a deadening effect on learning. need improvement. They enable us to Stanford 9 National Percentile Rank Again, research proves this point. measure achievement across groups of Scores for individual students showed Studies indicate that public testing en- students so that we can help ensure that the chances that a student whose courages teachers and administrators that states and districts are held ac- true score is in the 50th percentile will to focus instruction on test content, countable for improving the achieve- receive a reported score that is within test format and test preparation. ment of all students regardless of race, 5 percentage points of his true score Teachers tend to overemphasize the income, gender, limited English pro- are only 30% in reading and 42% on basic skills, and underemphasize prob- ficiency and disability. Tests are a crit- ninth grade math tests. lem-solving and complex thinking ical tool, but, they are not a panacea. Rogosa also showed that on the Stan- skills that are not well assessed on The abuse of tests for high stakes ford 9 test ‘‘the chances, . . . that two standardized tests. Further, they ne- purposes has subverted the benefits students with identical ‘‘real achieve- glect content areas that are not cov- tests can bring. Using a single stand- ment’’ will score more than 10 per- ered such as science, social studies and ardized test as the sole determinant for centile points apart on the same test’’ the arts. promotion, tracking, ability grouping is 57% for 9th graders and 42% on the For example, in Chicago, the Consor- and graduation is not fair and has not fourth grade reading test. This margin tium on Chicago School Research con- fostered greater equality or oppor- of error shows why it would not be fair cluded that ‘‘Chicago’s regular year tunity for students. First, standardized to use a cut-score in making a high and summer school curricula were so tests can not sufficiently validly or re- stakes decision about a child. closely geared to the Iowa test that it liably assess what students know to Robert Rayborn, who directs was impossible to distinguish real sub- make high stakes decisions about Harcourt’s Stanford 9 program in Cali- ject matter mastery from mastery of them. fornia reenforced these findings when skills and knowledge useful for passing The 1999 National Research Council asked about the Stanford 9. He said, this particular test.’’ These findings report, ‘‘High Stakes,’’ concludes that ‘‘They should never make high-stakes are backed up by a recent poll in Texas ‘‘no single test score can be considered individual decisions with a single which showed that only 27% of teach- a definitive measure of a student’s measure of any kind,’’ including the ers in Texas felt that increased test knowledge,’’ and that ‘‘an educational Stanford 9. scores reflected increased learning and decision that will have a major impact Politicians and policy makers who higher quality teaching. 85% of teach- on a test taker should not be made continue to push for high stakes tests ers said that they neglected subjects solely or automatically on the basis of and educators who continue to use not covered by the TAAS exam. a single test score.’’ them in the face of this knowledge Stories are emerging from around the The ‘‘Standards for Educational and have closed their eyes to clearly set country about schools where teachers Psychological Testing,’’ 1999 Edition, professional and scientific standards. and students are under such pressure to which has served as the standard for They demand responsibility and high perform that schools actually use lim- test developers and users for decades, standards of students and schools while ited funds to pay private companies to asserts that: ‘‘In educational settings, they let themselves get away with coach students and teachers in test a decision or a characterization that defying the most basic standards of the taking strategies. According to the will have a major impact on a student education profession. ‘‘San Jose Mercury News,’’ schools in should not be made on the basis of a It would be irresponsible if a parent East Palo Alto, which is one of the single test score.’’ or a teacher used a manufactured prod- poorest districts in California, paid Even test publishers, including Har- uct on children in a way that the man- Stanley Kaplan $10,000 each to consult court Brace, CTB McGraw Hill, River- ufacturer says is unsafe. Why do we with them on test taking strategies. side and ETS, consistently warn then honor and declare ‘‘accountable’’ According to the same article, ‘‘schools against this practice. For example, policy makers and politicians who use across California are spending thou- Riverside Publishing asserts in The tests on children in a way that the test sands to buy computer programs, hire ‘‘Interpretive Guide for School Admin- manufacturers have said is effectively consultants, and purchase workbooks istrators’’ for the Iowa Test of Basic unsafe? and materials. They’re redesigning Skills, ‘‘Many of the common misuses There is no doubt that when mis- spelling tests and math lessons, all in (of standardized tests) stem from de- takes are made, the consequences are an effort to help students become bet- pending on a single test score to make devastating. The bad effects of reten- ter test takers.’’ The teacher from the a decision about a student or class of tion in grade have been clearly estab- article I mentioned before had even students.’’ lished in science. Study after study bought blank score sheets with bubbles CTB McGraw Hill writes that ‘‘A va- shows that retention leads to poorer on them so students can practice fill- riety of tests, or multiple measures, is academic performance, higher dropout ing in circles.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2114 CONGRESSIONAL RECORD — SENATE April 4, 2000 The richness and exploration we miss a ‘‘photo op.’’ We all like to say Obligation System for Support En- want our own children to experience is that ‘‘children are our future.’’ We are forcement [POSSE] fulfills the federal being sucked out of our schools. I was all for children until it comes time to requirements for effective child sup- moved by an op-ed I read recently in make the investment. Too often, de- port collections and disbursement. For the New York Times. It was written by spite the talk, when it comes to mak- example, Wyoming has increased child a fifth grade teacher, who obviously ing the investment in the lives of our support collections by 140 percent since had a great passion for his work. He children, we come up a dollar short. establishing its federally mandated said, ‘‘But as I teach from day to day Noted civil rights activist Fannie automated network in 1995. Compara- . . . I no longer see the students in the Lou Hamer used to say, ‘‘I’m sick and tively, the increase of child support way I once did—certainly not in the tired of being sick and tired.’’ Well I’m collections nationwide since 1995 is same exuberant light as when I first sick and tired of symbolic politics. only 49 percent. POSSE has proven to started teaching five years ago. Where When we say we are for children, we be the most cost-effective and efficient once they were ‘challenging’ or ‘mar- ought to be committed to invest in the way to assist Wyoming’s children and ginal’ students, I am now beginning to health, skills and intellect of our chil- families. see ‘liabilities.’ Where once there was a dren. We are not going to achieve our However, a provision was included in student of ‘limited promise,’ there is goals on a tin cup budget. Unless we the 1996 welfare reform law that re- now an inescapable deficit that all make a real commitment, unless we quires States to establish a single address for the collection and disburse- available efforts will only nominally put our money where our mouth is, ment of all wage-withholding child sup- affect.’’ Children are measured by their children will continue to fail. port payments. Although the intent score, not their potential, not their di- If one does not believe that failure on was to relieve employers of burden- verse talents, not the depth of their tests has to do with this crushing lack some redtape, the welfare reform law of opportunity, look at who is failing. knowledge and not their character. does not allow employers to continue It has been clearly established In Minnesota, in the first round of test- submitting payments locally. My through research that high stakes tests ing, 79% of low income students failed State’s children and families and the for individual students, when used in the reading portion of the high school business community benefit from the isolation, are fatally flawed. I would, exit exam and 74% failed the math local system due to the convenience however, also like to address a general part. It is unconscionable. factor for its participants. Most impor- We must never stop demanding that issue that this bill does not address di- tantly, POSSE is already achieving the children do their best. We must never rectly, but that I think is really what desired results with the current local stop holding schools accountable. all of this is about in the end. The system in place. Clearly, this single ad- trend towards high stakes testing rep- Measures of student performance can dress requirement is a one-size-fits-all resents a harsh agenda that holds chil- include standardized tests, but only solution to a problem that does not ac- dren responsible for our own failure to when coupled with other measures of commodate Wyoming. invest in their future and in their achievement, more substantive edu- The bill we are introducing today achievement. I firmly believe that it is cation reforms and a much fuller, sus- would amend Part D of title IV of the grossly unfair, for example, to hold tained investment in schools. Social Security Act to permit States back a student based on a standardized When we use high stakes tests as the with proven cost-effective and efficient test if that student has not had the op- sole determinant in making decisions child support collection systems to portunity to learn the material covered about students, we get the sequence continue to operate such systems. on the test. When we impose high backwards. We lose sight of our funda- States can continue to operate their stakes tests on an educational system mental objective—to provide children current systems if they meet the fol- where there are, as Jonathan Kozol with the tools they need to achieve, to lowing criteria: the State has estab- says, ‘‘savage inequalities,’’ and then think critically and to understand lished an automated data tracking sys- we do nothing to address the under- deeply the material they need to meet tem; the State allows employers to lying causes of those inequalities, we high standards. We cannot get away send all wage withholding payments to set up children to fail. with making children pay for our fail- a single address; and, the State pro- People talk about using tests to mo- ure to provide them with the high qual- vides data on a quarterly basis that tivate students to do well and using ity education they need, deserve and is demonstrates under the current sys- tests to ensure that we close the their right. tem, for the most recent four fiscal achievement gap. This kind of talk is Gunnar Myrdal said that ignorance is year quarters, that at least 90 percent backwards and unfair. We cannot close never random. If we ignore what of all child support obligations paid are the achievement gap until we close the science tells us, if we close our eyes to disbursed within two business days gap in investment between poor and the impact of high stakes tests, we can after receipt. My home State of Wyo- rich schools no matter how ‘‘moti- continue as we are now—sounding good ming effectively and consistently vated’’ some students are. We know while doing bad. The Fairness and Ac- meets these criteria. what these key investments are: qual- curacy in Student Testing Act would The legislation we are introducing ity teaching, parental involvement, be a strong step in the the right direc- today would give States more flexi- and early childhood education, to name tion—toward fairness and equity and bility to operate their local system; just a few. accuracy and a love of learning that however, States must adhere to federal But instead of doing what we know will last children their lifetimes. performance standards in order to will work, and instead of taking re- maintain State and local flexibility. As sponsibility as policy makers to invest By Mr. THOMAS (for himself and Senator THOMAS stated, what works for in improving students’ lives, we place Mr. ENZI): one state does not necessarily yield the the responsibility squarely on children. S. 2349. A bill to amend part D of same results in another. Wyoming’s It is simply negligent to force children title IV of the Social Security Act to system works.∑ to pass a test and expect that the poor- permit States with proven cost-effec- ∑ Mr. THOMAS. Mr. President, I rise est children, who face every disadvan- tive and efficient child support collec- today to introduce legislation with my tage, will be able to do as well as those tion systems to continue to operate colleague Senator ENZI that would who have every advantage. such systems; to the Committee on Fi- allow states to continue to operate When we do this, we hold children re- nance. their locally run child support systems. sponsible for our own inaction and un- CHILD SUPPORT COLLECTION SYSTEMS Since establishing its federally man- willingness to live up to our own prom- LEGISLATION dated automated network in 1995, the ises and our own obligations. We con- ∑ Mr. ENZI. Mr. President, I rise today State of Wyoming has increased child fuse their failure with our own. This is to introduce legislation with my col- support collections by 140 percent. Over a harsh agenda indeed, for America’s league Senator THOMAS that would give 98 percent of the payments are proc- children. a small amount of States the flexi- essed within 2 days. Not only does Wy- All of us in politics like to get our bility to operate their locally-run child oming measure up to the Federal re- picture taken with children. We never support systems. Wyoming’s Parental quirements for effective child support

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2115 collections and disbursement, it far ex- was designated as the holder of these of Mr. President, the project will also ceeds the bar. Under the award-winning three water rights. provide that sufficient water remains Parental Obligation System for Sup- Mr. President, for many years, ef- in the Santa Clara river for the sur- port Enforcement [POSSE], which is forts have been made to clear the title vival of the Virgin Spinedace, an en- administered by the Clerks of the Dis- to these water rights in the name of dangered fish species. In addition, the trict Court, the clear winners are Wyo- Duchesne City, but these efforts have Secretary of Interior will be authorized ming’s children and families. been unsuccessful, because the U.S. In- to establish a program to purchase Unfortunately, that stands to dian Service no longer exists. The ex- water rights and habitat in the Virgin change. Due to a provision of the 1996 tinction of the U.S. Indian Service has River Basin for fish and other species. welfare reform law, states are required created a legal anomaly, making it im- As you can see, Mr. President, this to establish a single address for the possible to transfer the water rights of agreement provides an excellent bal- collection and disbursement of all Duchesne. ance between the needs of the cities, wage-withholding child support pay- The water in question has always the Shivwits Band, and the environ- ments. The intent of the law was to re- been used by Duchesne, and neither the ment. It is no wonder that this legisla- lieve employers from mailing pay- Bureau of Indian Affairs, the Depart- tion has the support of all interested ments to numerous locations, as part ment of the Interior, nor the Ute In- parties. I urge my colleagues in the of a greater effort to improve child sup- dian Tribe claims any right in the use Senate to give this proposal their full port collections across the nation. of this Water. In fact they are sup- support. While these goals are certainly laud- portive of this legislation which ties up able, the law does not allow employers a legal loose end a manner agreed with By Mr. GRAHAM: to continue submitting payments lo- upon both Indian Tribe and the city of S. 2352. A bill to designate portions of cally, even if it is more convenient for Duchesne. the Wekiva River and associated tribu- them to do so, and even if a state’s lo- Mr. President, I thank the Senate for taries as a component of the National calized system is already achieving the the opportunity to address this issue Wild and Scenic Rivers System; to the desired results. Ultimately, states are this today, and I urge my colleagues to Committee on Energy and Natural Re- being forced to make changes to cor- support this legislation. sources. rect a problem they may not have, and WEKIVA WILD AND SCENIC DESIGNATION ACT they could end up creating new ones By Mr. HATCH (for himself and ∑ Mr. GRAHAM. Mr. President, thank along the way. Mr. BENNETT): you for allowing me this opportunity Simply put, the legislation we are in- S. 2351. A bill to provide for the set- to introduce legislation affecting the troducing today would give states the tlement of the water rights claims of Wekiva River, which is located east flexibility to operate their local sys- the Shivwits Band of the Paiute India central Florida. tems—as long as they continue to meet tribe of Utah, and for other purposes; With millions of people moving to federal performance standards. One size to the Committee on Indian Affiars. Florida every year and the resulting does not fit all. Methods that work SHIVWITS BAND OF THE PAIUTE INDIAN TRIBE OF urban sprawl, we must work to pre- well in Chicago, Illinois do not nec- UTAH WATER RIGHTS SETTLEMENT ACT serve our state’s natural treasures. The essarily yield the same results in Mr. HATCH. Mr. President, I am Wekiva River is worthy of our protec- Chugwater, Wyoming. In this case, the pleased to rise today, along with my tive efforts. results in Wyoming speak for them- colleague, Senator BENNETT to intro- The Wekiva River and the Wekiva selves. duce the Shivwits Band of the Paiute River Basin are unique and important I look forward to working with the Indian Tribe of Utah Water Rights Set- river habitats because of their out- chairman of the Senate Finance Com- tlement Act, which will finally provide standing scenic, recreational, fishery, mittee to pass this important meas- a settlement of water rights issues of wildlife, historic, cultural, and water ure.∑ the Santa Clara River in Washington quality values. The Wekiva River Basin County, Utah. This settlement is an is home to many species of wildlife in- By Mr. HATCH (for himself and important piece of the Virgin River Ad- cluding Florida black bears, sandhill Mr. BENNETT): judication, which was initiated by the cranes, turkeys, and burrowing owls. S. 2350. A bill to direct the Secretary State of Utah in July of 1980. Fossils of prehistoric mammals, such of the Interior to convey to certain To understand the consequence of as saber tooth cats, mastodons, and water rights to Duchesne City, Utah; to this bill, Mr. President, it is important giant sloths, have been found along the the Committee on Energy and Natural to keep in mind that Washington Coun- length of the river. Resources. ty is the driest county in Utah, and Generations of Floridians and Flor- DUCHESNE CITY WATER RIGHTS CONVEYANCE Utah is the second driest state in the ida visitors have enjoyed the beauty ACT Union. The Santa Clara river is a fairly and tranquility of the Wekiva River. It Mr. HATCH. Mr. President, I rise small river which runs through the is a popular spot for canoeing, camp- today to introduce the Duchesne City Shivwits Band’s reservation near the ing, hiking, and trail biking because of Water Rights Conveyance Act. This bill city of St. George, Utah. This water its intrinsic beauty and quintessential will resolve an issue, nearly a century must be shared by the Washington Florida appeal. old, that has kept the city of Duchesne, County Water Conservancy District, The legislation I introduce today will Utah, from obtaining title to water the city of St. George, the town of declare the Wekiva River a Wild and rights that have been reserved for the Ivins, the town of Santa Clara, and the Scenic River and preserve it for the fu- city’s use. The solution I propose is Shivwits Band, and an endangered fish ture enjoyment of Floridians and visi- simple and long overdue. It is the re- species. Needless to say, finding a set- tors to Florida. Today, the House Re- sult of careful negotiations between tlement on the use of this water was sources Committee, National Parks the city and the Ute Indian Tribe of not simple, but it has been achieved. I and Public Land Subcommittee will the Uintah and Ouray Reservation. I would like to publicly praise all the hold a hearing on this bill. Mr. Presi- congratulate both these parties for parties that came together and put the dent, I hope that we will move forward coming together to resolve this issue. agreement together. soon in the Senate.∑ In 1905, the city of Duchesne, Utah One of the benefits of this legislation was established when the Secretary of is the St. George Water Reuse Project. By Mr. AKAKA (for himself, Mr. Interior directed the Commissioner of This project will provide 2,000 acre-feet INOUYE, Mr. MURKOWSKI, Ms. Indian Affairs to select certain tracts of treated water for the Shivwits Band. JOHNSON, and Mr. STEVENS): of land in the Uintah Indian Reserva- This settlement will also establish the S. 2353. A bill to amend the Higher tion for the town site. At the time, the Santa Clara Project. This project will Education Act of 1965 to improve the acting Indian Agent for the Unitah In- provide a pressurized pipeline from the program for American Indian Tribal dian Reservation filed applications to nearby Gunlock Reservoir and will de- Colleges and Universities under part A appropriate water to the municipal and liver a total of 1,900 acre-feet of water of title III; to the Committee on Indian domestic uses. The U.S. Indian Service to the Shivwits Band. Affairs.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2116 CONGRESSIONAL RECORD — SENATE April 4, 2000 LEGISLATIVE FIX FOR TRIBAL COLLEGES AND This legislation must be passed im- dramatically increase funding for the UNIVERSITIES AND ALASKA NATIVE AND NA- mediately because any delay in contin- Individuals with Disabilities Act TIVE HAWAIIAN SERVING INSTITUTIONS ued assistance can prove critical for (IDEA). My legislation would more ∑ Mr. AKAKA. Mr. President, I rise to any college or university serving small, than double the federal commitment to introduce a bill that represents a sim- disadvantaged, populations. IDEA funding within four years. The ple, straightforward correction of an Furthermore, because the applicant legislation, ‘‘Growing Resources in inequity that is negatively impacting pool for Title III, Part A, assistance is Educational Achievement for Today some of this country’s most under- already so limited in size, the failure to and Tomorrow’’ (GREATT IDEA) will funded institutions of higher edu- exempt institutions from the two-year take significant steps toward fulfilling cation. These include Tribal Colleges wait out provision will likely result in the federal commitment to IDEA fund- and Universities and Alaska Native and no institutions being eligible to apply ing. The legislation will also free up Native Hawaiian Serving Institutions. for future funds under this program. additional funds for local school dis- Many of these institutions apply for We must not allow this unnecessary tricts to be spent on their highest pri- Institutional Aid under Title III of the scenario to come about. Currently, orities, whether it be teacher training Higher Education Act. Title III pro- there are six institutions in the states or salaries, reducing class sizes, school vides grants to a specific set of colleges of Washington, Montana, California, construction, library resources, tech- and universities that serve dispropor- North Dakota, and South Dakota that nology, or music and arts education. tionate numbers of minority, low-in- are currently stuck in the first year of The legislation is supported by the come, and first generation college stu- their two-year wait out period. Pennsylvania School Boards Associa- dents. This non-controversial correction has tion and Pennsylvania Governor Tom These institutions have considerable broad support in the higher education Ridge who chairs the education com- impact on improving the quality and community and obviously from the in- mittee of the National Governor’s As- quantity of educational and career op- stitutions that will be negatively af- sociation. portunities for their students, who face fected. I strongly urge that my col- Every child is deserving of a high- unique socio-economic barriers. Title leagues join me in pushing this simple quality education in an environment III was created to help improve and exchange forward to correct a problem that encourages them to learn and pand the academic capacity of institu- that, if unaddressed, will have adverse grow to the best of their ability. tions specifically established and com- impacts on Tribal Colleges and Univer- Thanks to IDEA, many students are mitted to serving these students. sities and Alaska Native and Native learning and achieving at levels pre- In 1998, Part A of Title III, the Hawaiian Serving Institutions, and the viously thought impossible, graduating Strengthening Developing Institutions students that they serve.∑ from high school, going to college and Program, was amended by the Higher entering the workforce as productive Education Amendments to introduce a By Mr. ROTH (for himself and citizens. We must encourage this special program for Tribal Colleges and Mr. MOYNIHAN): progress and continue to give parents Universities and for Alaska Native and S. 2354. A bill to amend the Internal and teachers the resources they need to Native Hawaiian Serving Institutions. Revenue Code of 1986 to prevent the du- create opportunities for special chil- This was a positive step in recognizing plication of losses through the assump- dren. By boldly increasing the IDEA the needs of these distinctive institution of liabilities giving rise to a de- funding level, we can keep more stu- tions and the populations that they duction; to the Committee on Finance. dents in schools and help them achieve serve. REVISED REVENUE PROVISION FOR THE TRADE new measures of success. However, the Higher Education AND DEVELOPMENT ACT OF 1999 Prior to IDEA’s implementation in Amendments of 1998 also instituted a Mr. ROTH. Mr. President, I rise 1975, approximately 1 million children change that requires grantees to ‘‘wait today to introduce—along with Sen- with disabilities were shut out of out’’ for at least two years at the end ator MOYNIHAN—a bill that will clarify schools and hundreds of thousands of their grant before applying for a new a revenue provision that has been re- more were denied appropriate services. grant. This wait out period was origi- served for the Trade and Development Since then, IDEA has helped change nally created to ensure that Title II Act of 1999. the lives of these children. Congress funding would reach the maximum Last fall, the Senate Finance Com- had originally committed to cover 40 number of students and institutions as mittee reserved from the Tax Relief percent of IDEA’s costs when it passed possible. Extension Act of 1999 a revenue provi- the original IDEA bill in 1975, with the The provision applied to all Title II sion regarding the prevention or dupli- remaining balance to be met by local grantees with the exception of Histor- cation of loss through assumption of li- communities and states. Over the ical Black Colleges and Universities, abilities, for inclusion in the Trade and years, however, while the law itself which receive formula funding under Development Act of 1999. This revenue continues to work and children are the title. Before the higher education provision addresses a tax-avoidance being educated, the intended cost-shar- reauthorization became law, Hispanic transaction in which the assumption of ing partnership has not been realized. Serving Institutions were transferred certain liabilities or potential liabil- The federal commitment of 40 percent to a new title so that the wait out pe- ities may permit the acceleration or will be reached within eight years if riod no longer applied to them. duplication of a loss attributable to the funding stream established in Therefore, as signed into law, the those liabilities. The bill that Senator GREATT IDEA is sustained. This is my wait out only affects Sections 316 and MOYNIHAN and I introduce more pre- first priority in helping local school 317, which cover Tribal Colleges and cisely defines the types of transactions districts provide the best education Universities and Alaska Native and Na- that are excepted from this revenue possible for elementary and secondary tive Hawaiian Serving Institutions. In provision. Our bill is offered as a sub- education. my State of Hawaii, this involves the stitute for last fall’s provision, and we I urge my colleagues to support this major college campuses and commu- introduce it today seeking public com- effort to double funding for IDEA with- nity colleges in the University of Ha- ment. in the next four years as we continue waii system, which essentially affects to work to fulfill this long neglected the entire State. By Mr. SANTORUM: federal commitment and free up edu- This bill, which I am introducing S. 2355. A bill to amend the Individ- cational resources for local education. along with my colleagues—Senators uals with Disabilities Education Act to This legislation will fully fund more INOUYE, MURKOWSKI, JOHNSON and STE- modify authorizations of appropria- than 700,000 additional IDEA students VENS—would make a technical change tions for programs under such act; to at an average cost of $13,860 per stu- exempting Sections 316 and 317 from the Committee on Health, Education, dent. We must accelerate the progress the harmful two-year wait out require- Labor, and Pensions. we have made by passing and funding ment. Similar legislation, H.R. 3629, THE GROWING RESOURCES IN EDUCATIONAL this legislation.∑ was introduced in the House of Rep- ACHIEVEMENT FOR TODAY AND TOMORROW ACT resentatives on February 10th of this ∑ Mr. SANTORUM. Mr. President, By Mr. LUGAR (for himself and year. today, I am introducing legislation to Mr. HARKIN):

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2117 S. 2356. A bill to amend the Richard Start center and is not meeting Head that there were problems in the oper- B. Russell National School Lunch Act Start management rules, that finding ation of CACFP and asked USDA’s In- to improve management of the child can disqualify the organization from spector General to audit the program. and adult care food program; to the participation in CACFP. The proposal Simply put, the results of the audit cry Committee on Agriculture, Nutrition, will require organizations to have tax- out for action. In an audit covering and Forestry. exempt status from the Internal Rev- nearly three years, the IG found 37 CHILD AND ADULT CARE FOOD PROGRAM enue Service and will limit the amount sponsors in 23 states have had serious MANAGEMENT IMPROVEMENT ACT OF 2000 a sponsor can withhold from child care problems in carrying out CACFP. ∑ Mr. LUGAR. Mr. President, I rise centers. Public agencies (e.g., local There were at least 30 criminal inves- today to introduce a bill to restore health departments and schools) will tigations and more than 40 individuals confidence in the Child and Adult Care be encouraged to participate as spon- charged with defrauding CACFP. Nota- Food Program (CACFP) by attacking sors through reduced administrative bly, the IG found that the Department fraud and abuse discovered in the oper- requirements. of Agriculture and the States should ation of the program. State agencies will have the ability have done more to prevent the fraud Last year, the Inspector General of to temporarily suspend payments with- and abuse that was prevalent in the the United States Department of Agri- out a hearing for up to 90 days. States program. Also the IG found structural culture released an audit of the will also be allowed to retain one-half problems in CACFP itself that make CACFP, a nutrition program that reim- of the funds collected through audits the program more susceptible to fraud burses the cost of meals at adult day and state reviews. The FNS will also and abuse. receive one-eighth of one percent of care centers, child care centers and The legislation Senator LUGAR and I family day care homes. The IG’s audit program funds to provide oversight are introducing today has been drafted detailed extensive abuse of program which will generate $3 million annually by USDA to respond to the problems funds by sponsor organizations. Spon- compared to $1 million received under and shortcomings in CACFP identified current law. Finally, FNS will be re- sors are responsible for substantial by the IG. There are a number of good quired to study the administrative pay- monitoring and oversight of providers. provisions and ideas in this legislation. In addition to the oversight function, ment structure. While I am not certain that I will I do not necessarily endorse all of the the sponsors verify and forward CACFP specific aspects of this bill, but it is a claims to the Food and Nutrition Serv- support all the provisions in USDA’s bill, I am introducing it today to begin strong and thoughtful starting point ice (FNS) of the USDA and receive and for further consideration and for ur- distribute payments to providers. For the process of discussing and refining it. I encourage all interested parties to gently-needed legislative action to ad- their efforts, sponsors retain a portion dress problems in CACFP that cannot of the reimbursement to large child contact the Agriculture Committee with their comments and suggestions. be allowed to continue. care centers and are paid a flat admin- Mr. President, the Federal govern- I echo the remarks of my colleague, istrative fee for each small day care ment’s nutrition programs are vitally Senator LUGAR, on the importance of home under their auspices. The Inspec- important to millions of Americans. the Federal nutrition programs and the tor General’s findings were critical of We cannot allow fraud and abuse of need to combat fraud and abuse, so both the FNS management of the pro- these programs to waste taxpayer dol- that we can prevent the waste of tax- gram as well as the structure of lars and undermine support for these payer dollars and maintain support for CACFP that gives wide responsibility crucial programs.∑ the programs. There is no inconsist- as well as the control of finances to ∑ Mr. HARKIN. Mr. President, I am ency in strongly supporting child nu- sponsor organizations. pleased to have this opportunity to trition programs, yet vigorously fight- The results of the audit are stag- join my colleague, the distinguished ing fraud and abuse in those programs. gering. The IG found in ‘‘Operation Chairman of the Agriculture, Nutri- The truth of the matter is that every Kiddie Care’’ that 37 of 49 sponsors in- tion, and Forestry Committee, Senator dollar siphoned off to fraud and abuse vestigated were seriously deficient in LUGAR, to introduce this legislation de- is a dollar that could better be spent program administration. Of the 37 signed to address the fraud and abuse improving the nutrition of our nation’s sponsors, 16 have ultimately been ter- that has been found to be all too com- children.∑ minated from the program. These 16 mon in the Child and Adult Care Food f sponsors were receiving about $35 mil- Program (CACFP). It is intolerable lion annually. Forty-four people have that bad actors have tarnished the ADDITIONAL COSPONSORS been indicted or named in criminal image of this important and laudable S. 92 documents for defrauding CACFP and program of nutrition assistance. We At the request of Mr. DOMENICI, the twenty-eight of these individuals have need to move aggressively to pass leg- name of the Senator from Idaho (Mr. pled guilty or have been convicted. islation to make the necessary changes CRAPO) was added as a cosponsor of S. The IG concluded that the structure to root out fraud and abuse while 92, a bill to provide for biennial budget of CACFP is flawed. The program cre- maintaining CACFP’s effectiveness and process and a biennial appropriations ates pools of money that invite abuse; restoring its integrity. process and to enhance oversight and sponsors of centers are able to retain Finding quality day care is one of the the performance of the Federal Govern- up to 30 percent of program funds. The most difficult problems facing working ment. program encourages sponsors to ignore families today. CACFP is a very good S. 285 provider deficiencies since sponsors’ program that helps meet that need. At the request of Mr. MCCAIN, the administrative cost reimbursement is The program, which is administered name of the Senator from Washington based on the number of providers they through the Food and Nutrition Serv- (Mr. GORTON) was added as a cosponsor administer and the providers’ reim- ice of the U.S. Department of Agri- bursement is based on the number of culture, reimburses the costs of meals of S. 285, a bill to amend title II of the meals served. In addition, sponsor offi- and snacks at family day care homes, Social Security Act to restore the link cials may increase their salaries by re- child care centers and adult day care between the maximum amount of earn- ducing funds for day care monitoring homes. Because of the important role ings by blind individuals permitted activities. CACFP serves, Congress expanded it without demonstrating ability to en- USDA has prepared this legislation modestly in 1998 to help support after- gage in substantial gainful activity and to address the IG’s concerns and con- school activities for older children. In the exempt amount permitted in deter- clusion. This bill will enable state fiscal 1999, some 2.6 million children mining excess earnings under the earn- agencies to deny the application of any were served on average each day ings test. sponsor that is found to be seriously through CACFP, with the total cost of S. 311 deficient in any publicly-funded pro- the program amounting to about $1.6 At the request of Mr. MCCAIN, the gram, unlike current law which looks billion. name of the Senator from Iowa (Mr. only at nutrition programs. For exam- It is my understanding that USDA’s HARKIN) was added as a cosponsor of S. ple, if the sponsor also runs a Head Food and Nutrition Service recognized 311, a bill to authorize the Disabled

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2118 CONGRESSIONAL RECORD — SENATE April 4, 2000 Veterans’ LIFE Memorial Foundation (Mr. THOMAS) was added as a cosponsor S. 1902 to establish a memorial in the District of S. 1272, a bill to amend the Con- At the request of Mrs. FEINSTEIN, the of Columbia or its environs, and for trolled Substances Act to promote pain name of the Senator from Michigan other purposes. management and palliative care with- (Mr. LEVIN) was added as a cosponsor of S. 660 out permitting assisted suicide and eu- S. 1902, a bill to require disclosure At the request of Mr. CRAIG, the thanasia, and for other purposes. under the Freedom of Information Act name of the Senator from Minnesota S. 1361 regarding certain persons and records (Mr. GRAMS) was added as a cosponsor At the request of Mr. STEVENS, the of the Japanese Imperial Army in a of S. 660, a bill to amend title XVIII of name of the Senator from Louisiana manner that does not impair any inves- the Social Security Act to provide for (Ms. LANDRIEU) was added as a cospon- tigation or prosecution conducted by coverage under part B of the medicare sor of S. 1361, a bill to amend the the Department of Justice or certain program of medical nutrition therapy Earthquake Hazards Reduction Act of intelligence matters, and for other pur- services furnished by registered dieti- 1977 to provide for an expanded Federal poses. tians and nutrition professionals. program of hazard mitigation, relief, S. 1915 S. 717 and insurance against the risk of cata- At the request of Mr. JEFFORDS, the At the request of Ms. MIKULSKI, the strophic natural disasters, such as hur- name of the Senator from Hawaii (Mr. name of the Senator from Hawaii (Mr. ricanes, earthquakes, and volcanic AKAKA) was added as a cosponsor of S. AKAKA) was added as a cosponsor of S. eruptions, and for other purposes. 1915, a bill to enhance the services pro- 717, a bill to amend title II of the So- S. 1384 vided by the Environmental Protection cial Security Act to provide that the At the request of Mr. ABRAHAM, the Agency to small communities that are reductions in social security benefits name of the Senator from Florida (Mr. attempting to comply with national, which are required in the case of GRAHAM) was added as a cosponsor of S. State, and local environmental regula- spouses and surviving spouses who are 1384, a bill to amend the Public Health tions. also receiving certain Government pen- Service Act to provide for a national S. 2003 sions shall be equal to the amount by folic acid education program to pre- which two-thirds of the total amount At the request of Mr. JOHNSON, the vent birth defects, and for other pur- of the combined monthly benefit (be- name of the Senator from Washington poses. fore reduction) and monthly pension (Mr. GORTON) was added as a cosponsor exceeds $1,2000, adjusted for inflation. S. 1805 of S. 2003, a bill to restore health care At the request of Mr. KENNEDY, the S. 915 coverage to retired members of the names of the Senator from Michigan At the request of Mr. GRAMM, the uniformed services. (Mr. LEVIN), the Senator from Oregon name of the Senator from Washington S. 2005 (Mr. WYDEN), and the Senator from (Mr. GORTON) was added as a cosponsor At the request of Mr. BURNS, the of S. 915, a bill to amend title XVIII of Maryland (Mr. SARBANES) were added names of the Senator from South Caro- as cosponsors of S. 1805, a bill to re- the Social Security Act to expand and lina (Mr. THURMOND), the Senator from store food stamp benefits for aliens, to make permanent the medicare sub- Illinois (Mr. FITZGERALD), and the Sen- provide States with flexibility in ad- vention demonstration project for mili- ator from Kentucky (Mr. BUNNING) tary retirees and dependents ministering the food stamp vehicle al- were added as cosponsors of S. 2005, a lowance, to index the excess shelter ex- S. 916 bill to repeal the modification of the pense deduction to inflation, to author- At the request of Mr. GRAMS, the installment method. ize additional appropriations to pur- name of the Senator from South Da- S. 2018 chase and make available additional kota (Mr. DASCHLE) was added as a co- commodities under the emergency food At the request of Mrs. HUTCHISON, the sponsor of S. 916, a bill to amend the names of the Senator from Indiana Agricultural Market Transition Act to assistance program, and for other purposes. (Mr. LUGAR), and the Senator from Ar- repeal the Northeast Interstate Dairy kansas (Mr. HUTCHINSON) were added as S. 1810 Compact provision. cosponsors of S. 2018, a bill to amend At the request of Mrs. MURRAY, the S. 1020 title XVIII of the Social Security Act names of the Senator from Massachu- At the request of Mr. BUNNING, his to revise the update factor used in setts (Mr. KENNEDY), and the Senator name was withdrawn as a cosponsor of making payments to PPS hospitals from Iowa (Mr. HARKIN) were added as S. 1020, a bill to amend chapter 1 of under the medicare program. cosponsors of S. 1810, a bill to amend title 9, United States Code, to provide S. 2037 for greater fairness in the arbitration title 38, United States Code, to clarify At the request of Ms. SNOWE, the process relating to motor vehicle fran- and improve veterans’ claims and ap- name of the Senator from Wyoming chise contracts. pellate procedures. S. 1874 (Mr. THOMAS) was added as a cosponsor S. 1074 of S. 2037, a bill to amend title XVIII of At the request of Mr. TORRICELLI, the At the request of Mr. GRAHAM, the the Social Security Act to extend the name of the Senator from Oklahoma names of the Senator from Maryland option to use rebased target amounts (Mr. INHOFE) was added as a cosponsor (Mr. SARBANES), and the Senator from to all sole community hospitals. of S. 1074, a bill to amend the Social Illinois (Mr. DURBIN) were added as co- Security Act to waive the 24-month sponsors of S. 1874, a bill to improve S. 2056 waiting period for medicare coverage of academic and social outcomes for At the request of Mr. CRAIG, the individuals with amyotrophic lateral youth and reduce both juvenile crime name of the Senator from Mississippi sclerosis (ALS), and to provide medi- and the risk that youth will become (Mr. COCHRAN) was added as a cospon- care coverage of drugs and biologicals victims of crime by providing produc- sor of S. 2056, a bill to amend the Rich- used for the treatment of ALS or for tive activities conducted by law en- ard B. Russell National School Lunch the alleviation of symptoms relating to forcement personnel during non-school Act to ensure an adequate level of com- ALS. hours. modity purchases under the school S. 1133 S. 1900 lunch program. At the request of Mr. GRAMS, the At the request of Mr. LAUTENBERG, S. 2060 name of the Senator from Missouri the names of the Senator from Lou- At the request of Mrs. FEINSTEIN, the (Mr. BOND) was added as a cosponsor of isiana (Mr. BREAUX), the Senator from name of the Senator from Missouri S. 1133, a bill to amend the Poultry Louisiana (Ms. LANDRIEU), and the Sen- (Mr. ASHCROFT) was added as a cospon- Products Inspection Act to cover birds ator from North Carolina (Mr. HELMS) sor of S. 2060, a bill to authorize the of the order Ratitae that are raised for were added as cosponsors of S. 1900, a President to award a gold medal on be- use as human food. bill to amend the Internal Revenue half of the Congress to Charles M. S. 1272 Code of 1986 to allow a credit to holders Schulz in recognition of his lasting ar- At the request of Mr. NICKLES, the of qualified bonds issued by Amtrak, tistic contributions to the Nation and name of the Senator from Wyoming and for other purposes. the world, and for other purposes.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2119 S. 2093 DASCHLE) was added as a cosponsor of SENATE CONCURRENT RESOLU- At the request of Mr. DOMENICI, the S. 2324, a bill to amend chapter 44 of TION 102—TO COMMEND THE names of the Senator from South Da- title 18, United States Code, to require BRAVERY AND HONOR OF THE kota (Mr. JOHNSON) and the Senator ballistics testing of all firearms manu- CITIZENS OF REMY, FRANCE, from Washington (Mrs. MURRAY) were factured and all firearms in custody of FOR THEIR ACTIONS WITH RE- added as cosponsors of S. 2093, a bill to Federal agencies, and to add ballistics SPECT TO LIEUTENANT HOUS- amend the Transportation Equity Act testing to existing firearms enforce- TON BRALY AND TO RECOGNIZE for the 21st Century to ensure that full THE EFFORTS OF THE 364TH ment strategies. obligation authority is provided for the FIGHTER GROUP TO RAISE Indian reservation roads program. S. 2337 FUNDS TO RESTORE THE STAINED GLASS WINDOWS OF A S. 2218 At the request of Mr. SANTORUM, the CHURCH IN REMY At the request of Mr. CLELAND, the name of the Senator from Minnesota name of the Senator from New Mexico (Mr. GRAMS) was added as a cosponsor Mrs. FEINSTEIN submitted the fol- (Mr. BINGAMAN) was added as a cospon- of S. 2337, a bill to amend the Internal lowing concurrent resolution; which sor of S. 2218, a bill to amend title 5, was referred to the Committee on the Revenue Code of 1986 to allow individ- United States Code, to provide for the Judiciary: uals a refundable credit against income establishment of a program under S. CON. RES. 102 tax for the purchase of private health which long-term care insurance is Whereas on August 2, 1944, a squadron of P– made available to Federal employees insurance, and to establish State 51s from the United States 364th Fighter and annuitants and members of the health insurance safety-net programs. Group strafed a German munitions train in Remy, France; uniformed services, and for other pur- S. 2340 Whereas the resulting explosion killed poses. Lieutenant Houston Braly, one of the at- At the request of Mr. MCCAIN, the S. 2277 tacking pilots, and destroyed much of the name of the Senator from Vermont At the request of Mr. ROTH, the village of Remy, including 7 stained glass names of the Senator from South Da- (Mr. LEAHY) was withdrawn as a co- windows in the 13th century church; Whereas despite threats of reprisals from kota (Mr. JOHNSON), the Senator from sponsor of S. 2340, a bill to direct the National Institute of Standards and the occupying German authorities, the citi- Indiana (Mr. LUGAR), the Senator from zens of Remy recovered Lieutenant Braly’s Oregon (Mr. SMITH), the Senator from Technology to establish a program to body from the wreckage, buried his body Nebraska (Mr. KERREY), the Senator support research and training in meth- with dignity and honor in the church’s ceme- from Texas (Mr. GRAMM), and the Sen- ods of detecting the use of perform- tery, and decorated the grave site daily with ator from Nevada (Mr. BRYAN) were ance-enhancing substances by athletes, fresh flowers; Whereas on Armistice Day, 1995, the vil- added as cosponsors of S. 2277, a bill to and for other purposes. lage of Remy renamed the crossroads near terminate the application of title IV of S. CON. RES. 69 the site of Lieutenant Braly’s death in his the Trade Act of 1974 with respect to honor; the People’s Republic of China. At the request of Ms. SNOWE, the Whereas the surviving members of the 364th Fighter Group desire to express their S. 2280 names of the Senator from Maine (Ms. gratitude to the brave citizens of Remy; and At the request of Mr. MCCONNELL, COLLINS), the Senator from Washington Whereas to express their gratitude, the the name of the Senator from North (Mr. GORTON), and the Senator from surviving members of the 364th Fighter Carolina (Mr. HELMS) was added as a Massachusetts (Mr. KENNEDY) were Group have organized a nonprofit corpora- cosponsor of S. 2280, a bill to provide added as cosponsors of S. Con. Res. 69, tion to raise funds through its project ‘‘Win- for the effective punishment of online a concurrent resolution requesting dows for Remy’’ to restore the church’s child molesters. stained glass windows: Now, therefore, be it that the United States Postal Service Resolved by the Senate (the House of Rep- S. 2287 issue a commemorative postal stamp resentatives concurring), That Congress— At the request of Mr. L. CHAFEE, the honoring the 200th anniversary of the (1) commends the bravery and honor of the name of the Senator from New Jersey naval shipyard system. citizens of Remy, France, for their actions (Mr. TORRICELLI) was added as a co- with respect to the American fighter pilot sponsor of S. 2287, a bill to amend the S. CON. RES. 84 Lieutenant Houston Braly, during and after August 1944; and Public Health Service Act to authorize At the request of Mr. WARNER, the (2) recognizes the efforts of the surviving the Director of the National Institute names of the Senator from Alabama members of the United States 364th Fighter of Environmental Health Sciences to (Mr. SESSIONS), the Senator from Group to raise funds to restore the stained make grants for the development and Maine (Ms. SNOWE), the Senator from glass windows of Remy’s 13th century operation of research centers regarding church. South Carolina (Mr. THURMOND), the environmental factors that may be re- Mrs. FEINSTEIN. Mr. President, I Senator from Massachusetts (Mr. KEN- lated to the etiology of breast cancer. rise today to submit a resolution. I NEDY), and the Senator from Nevada S. 2321 tried to submit it during the first ses- (Mr. REID) were added as cosponsors of At the request of Mr. ROCKEFELLER, sion of the 106th Congress, but due to a S. Con. Res. 84, a concurrent resolution the name of the Senator from New clerical error, it was never printed. expressing the sense of Congress re- Mexico (Mr. BINGAMAN) was added as a This resolution commends and remem- cosponsor of S. 2321, a bill to amend the garding the naming of aircraft carrier bers events that transpired in Remy, Internal Revenue Code of 1986 to allow CVN–77, the last vessel of the historic France as its citizens honored the fall- a tax credit for development costs of ‘‘Nimitz’’ class of aircraft carriers, as en World War II Army Air Corps pilot, telecommunications facilities in rural the U.S.S. Lexington. Lieutenant Houston Braly. This inspir- ing story happened over fifty years areas. S. CON. RES. 87 ago, but its example of compassion and S. 2322 At the request of Mr. SMITH of New brotherhood remains in our hearts and At the request of Mr. MCCAIN, the minds. name of the Senator from Alabama Hampshire, the name of the Senator from Minnesota (Mr. GRAMS) was added On August 2, 1944, Lt. Braly’s squad- (Mr. SHELBY) was added as a cosponsor as a cosponsor of S. Con. Res. 87, a con- ron of P–51 fighters on patrol in north- of S. 2322, a bill to amend title 37, ern France encountered a German mu- United States Code, to establish a spe- current resolution commending the Holy See for making significant con- nitions train. After three unsuccessful cial subsistence allowance for certain attacks at the camouflaged train, Lt. tributions to international peace and members of the uniformed services who Braly’s fire hit a car carrying explo- are eligible to receive food stamp as- human rights, and objecting to efforts sives, causing a tremendous explosion. sistance, and for other purposes. to expel the Holy See from the United Airplanes circling 13,000 feet over the S. 2324 Nations by removing the Holy See’s battle were hit by shrapnel from the At the request of Mr. KOHL, the name Permanent Observer status in the train, haystacks in fields some dis- of the Senator from South Dakota (Mr. United Nations, and for other purposes. tance away burned, and nearly all

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2120 CONGRESSIONAL RECORD — SENATE April 4, 2000 buildings in the small French town sources of the Coastal Plain, and for SEC. ll4. MAJORITY REQUIREMENT FOR REV- were demolished. A 13th century other purposes; as follows: ENUE INCREASE. No bill to increase revenues shall be church in the town of Remy barely es- On page 15, beginning on line 7, delete ‘‘and deemed to have passed the House of Rep- (20)’’ and insert in lieu thereof: caped destruction, but its historic resentatives or the Senate unless approved stained-glass windows were shattered. ‘‘(20) require project agreement to the extent feasible that will ensure productivity by a majority of the total membership of It was this explosion that tragically each House of Congress by a rollcall vote. claimed the life of Lt. Braly at only and consistency recognizing a national interest in both labor stability and the ability of SEC. ll5. REVIEW OF REVENUES. twenty-two years of age. construction labor and management to meet Congress shall review actual revenues on a Despite the near total destruction of the particular needs and conditions of quarterly basis and adjust outlays to assure the small town, the residents of Remy projects to be developed under leases issued compliance with this title. regarded that young American as a pursuant to this Act; and SEC. ll6. DEFINITIONS. hero. A young woman pulled Braly’s ‘‘(21)’’. In this title: body from the burning wreck of the (1) OUTLAYS.—The term ‘‘outlays’’ shall in- plane, wrapped him in the nylon of his CONCURRENT RESOLUTION ON clude all outlays of the United States exclud- parachute, and placed him in the THE BUDGET FOR FISCAL YEAR ing repayment of debt principal. town’s courtyard. Hundreds of villagers 2001 (2) REVENUES.—The term ‘‘revenues’’ shall left flowers around his body, stunning include all revenues of the United States excluding borrowing. German authorities. ALLARD (AND OTHERS) The next morning, German authori- AMENDMENT NO. 2906 ties discovered that villagers continued VOINOVICH AMENDMENT NO. 2907 to pay tribute to the young pilot de- (Ordered to lie on the table.) spite threats of punishment. The place- Mr. ALLARD (for himself, Mr. ENZI, (Ordered to lie on the table.) ment of flowers on Lt. Braly’s grave and Mr. GRAMS) submitted an amend- Mr. VOINOVICH submitted an continued until American forces liber- ment intended to be proposed by them amendment intended to be proposed by ated Remy to the cheers of the towns- to the concurrent resolution (S. Con. him to the concurrent resolution, S. people. Res. 101) setting forth the congres- Con. Res. 101, supra; as follows: sional budget for the United States Almost 50 years later, Steven Lea On page 28, strike beginning with line 22 Vell of Danville, California, discovered Government for fiscal years 2001 and all that follows through page 29, line 5. this story in his research. Mr. Lea Vell through 2005 and revising the budg- was so moved by the story that he vis- etary levels for fiscal year 2000; as fol- ited Remy, France, only to find that lows: INHOFE AMENDMENT NO. 2908 the stained glass windows of the mag- At the end of the resolution, insert the fol- (Ordered to lie on the table.) nificent 13th century church which lowing: Mr. INHOFE submitted an amend- were destroyed in the explosion had TITLE ll—SOCIAL SECURITY ment intended to be proposed by him never been replaced. He contacted PROTECTION AND DEBT REPAYMENT to the concurrent resolution, S. Con. members of the 364th Fighter Group, SEC. ll1. BALANCED BUDGET REQUIREMENT. Res. 101, supra; as follows: under which Lt. Braly had served. Beginning with fiscal year 2001 and for every fiscal year thereafter, budgeted out- At the end of title III, insert the following: After hearing how the residents of lays shall not exceed budgeted revenues. Remy had honored their fallen friend, SEC. ll. SENSE OF THE SENATE. SEC. ll2. REDUCTION OF NATIONAL DEBT. (a) FINDINGS.—The Senate finds that— veterans joined together to form Win- (a) IN GENERAL.—Beginning with fiscal (1) local educational agencies are obligated dows for Remy, a non-profit organiza- year 2001 and for every fiscal year thereafter, to provide a free public education to all chil- tion that would raise $200,000 to replace actual revenues shall exceed actual outlays dren even though Federal activity may de- in order to provide for the reduction of the the stained glass windows as a gesture prive the local educational agencies of the Federal debt held by the public as provided of thanks to Remy for its deeds. ability to collect sufficient property or sales in subsections (b) and (c). On Armistice Day, November 11, 1995, taxes to support the education of the chil- (b) AMOUNT.—The on budget surplus shall fifty years after the war ended, the dren; be large enough so that debt held by the pub- (2) the Impact Aid program is designed to town of Remy paid tribute once more lic will be reduced each year beginning in fis- compensate local educational agencies for to Lt. Braly. On that day they renamed cal year 2001. The amount of reduction re- the substantial and continuing financial bur- the crossroads where he perished to quired by this subsection shall be den resulting from tax revenue lost as a re- ‘‘Rue de Houston L. Braly, Jr.’’ $15,000,000,000 in fiscal year 2001 and shall in- sult of Federal activities; crease by an additional $15,000,000,000 every I know that my fellow Senators will (3) the Impact Aid program has not been fiscal year until the entire debt owed to the want to join me in commending the fully funded since 1980 and this shortfall has public has been paid. people of Remy for their kindness and caused local educational agencies to forego (c) SOCIAL SECURITY SURPLUS AND DEBT RE- recognized the comrades of Lt. Braly needed infrastructure repairs, delay the pur- PAYMENT.— chase of educational materials, delay the for their goodwill. (1) IN GENERAL.—Until such time as Con- purchase of properly equipped buses for dis- f gress enacts major social security reform legislation, the surplus funds each year in abled children, and delay other pressing AMENDMENTS SUBMITTED the Federal Old Age and Survivors Insurance needs; and Trust Fund and the Federal Disability Insur- (4) both Congress and the Administration ance Trust Fund shall be used to reduce the have committed to making education a top ARCTIC COASTAL PLAIN DOMES- debt owed to the public. This section shall priority. TIC ENERGY SECURITY ACT OF not apply beginning on the fiscal year after (b) SENSE OF THE SENATE.—It is the sense 2000 social security reform legislation is enacted of the Senate that the Impact Aid program by Congress. should be fully funded in the fiscal year 2001 (2) DEFINITION.—In this subsection, the appropriations cycle. STEVENS (AND MURKOWSKI) term ‘‘social security reform legislation’’ AMENDMENT NO. 2905 means legislation that— (A) insures the long-term financial sol- ALLARD (AND OTHERS) (Ordered referred to the Committee vency of the social security system; and AMENDMENTS NOS. 2909–2910 on Energy and Natural Resources.) (B) includes an option for private invest- Mr. STEVENS (for himself and Mr. ment of social security funds by bene- (Ordered to lie on the table.) MURKOWSKI) submitted an amendment ficiaries. Mr. ALLARD (for himself, Mr. ENZI, intended to be proposed by them to the SEC. ll3. POINT OF ORDER AND WAIVER. and Mr. GRAMS) submitted two amend- bill (S. 2214) to establish and imple- (a) POINT OF ORDER.—It shall not be in ments intended to be proposed by them ment a competitive oil and gas leasing order to consider any concurrent resolution to the concurrent resolution (S. Con. on the budget that does not comply with this Res. 101), supra; as follows: program that will result in an environ- title. mentally sound and job creating pro- (b) WAIVER.—Congress may waive the pro- AMENDMENT NO. 2909 gram for the exploration, development, visions of this title for any fiscal year in At the end of the resolution, insert the fol- and production of the oil and gas re- which a declaration of war is in effect. lowing:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2121 TITLE ll— in order to provide for the reduction of the grams through a Federal and State partner- SOCIAL SECURITY PROTECTION AND Federal debt held by the public as provided ship. DEBT REPAYMENT in subsections (b) and (c). (b) SENSE OF THE SENATE.—It is the sense (b) AMOUNT.—The on budget surplus shall of the Senate that this resolution assumes SEC. ll1. BALANCED BUDGET REQUIREMENT. be large enough so that debt held by the pub- that the President’s level of funding for after Beginning with fiscal year 2001 and for lic will be reduced each year beginning in fis- school programs in fiscal year 2001 will be every fiscal year thereafter, budgeted out- cal year 2001. The amount of reduction re- provided, which will accommodate the cur- lays shall not exceed budgeted revenues. quired by this subsection shall be rent need for after school programs. SEC. ll2. REDUCTION OF NATIONAL DEBT. $10,000,000,000 in fiscal year 2001 and shall in- (a) IN GENERAL.—Beginning with fiscal crease by an additional $10,000,000,000 every year 2001 and for every fiscal year thereafter, KOHL (AND OTHERS) AMENDMENT fiscal year until the entire debt owed to the NO. 2912 actual revenues shall exceed actual outlays public has been paid. in order to provide for the reduction of the (c) SOCIAL SECURITY SURPLUS AND DEBT RE- (Ordered to lie on the table.) Federal debt held by the public as provided PAYMENT.— Mr. KOHL (for himself, Mr. LEAHY, in subsections (b) and (c). (1) IN GENERAL.—Until such time as Con- Mr. BRYAN, and Mr. FEINGOLD) sub- (b) AMOUNT.—The on budget surplus shall gress enacts major social security reform be large enough so that debt held by the pub- mitted an amendment intended to be legislation, the surplus funds each year in proposed by them to the concurrent lic will be reduced each year beginning in fis- the Federal Old Age and Survivors Insurance cal year 2001. The amount of reduction re- Trust Fund and the Federal Disability Insur- resolution, S. Con. Res. 101, supra; as quired by this subsection shall be ance Trust Fund shall be used to reduce the follows: $10,000,000,000 in fiscal year 2001 and shall in- debt owed to the public. This section shall On page 36, strike beginning with line 1 crease by an additional $10,000,000,000 every not apply beginning on the fiscal year after and all that follows through page 37, line 5. fiscal year until the entire debt owed to the social security reform legislation is enacted public has been paid. by Congress. BOND AMENDMENT NO. 2913 (c) SOCIAL SECURITY SURPLUS AND DEBT RE- (2) DEFINITION.—In this subsection, the PAYMENT.— term ‘‘social security reform legislation’’ (Ordered to lie on the table.) (1) IN GENERAL.—Until such time as Con- means legislation that— Mr. BOND submitted an amendment gress enacts major social security reform (A) insures the long-term financial sol- intended to be proposed by him to the legislation, the surplus funds each year in vency of the social security system; and concurrent resolution, S. Con. Res. 101, the Federal Old Age and Survivors Insurance (B) includes an option for private invest- supra; as follows: Trust Fund and the Federal Disability Insur- ment of social security funds by bene- At the end of title III, add the following: ance Trust Fund shall be used to reduce the ficiaries. debt owed to the public. This section shall SEC. ll. SENSE OF THE SENATE AGAINST FED- SEC. ll3. POINT OF ORDER AND WAIVER. not apply beginning on the fiscal year after ERAL FUNDING OF SMOKE SHOPS. (a) POINT OF ORDER.—It shall not be in social security reform legislation is enacted (a) FINDINGS.—The Senate makes the fol- order to consider any concurrent resolution by Congress. lowing findings: on the budget that does not comply with this (2) DEFINITION.—In this subsection, the (1) Smoking begun by children during their title. term ‘‘social security reform legislation’’ teen years and even earlier turns the lives of (b) WAIVER.—Congress may waive the pro- means legislation that— far too many Americans into nightmares visions of this title for any fiscal year in (A) insures the long-term financial sol- decades later, plagued by disease and pre- which a declaration of war is in effect. vency of the social security system; and mature death. (B) includes an option for private invest- SEC. ll4. MAJORITY REQUIREMENT FOR REV- (2) The Federal Government should leave a ENUE INCREASE. ment of social security funds by bene- legacy of more healthy Americans and fewer No bill to increase revenues shall be ficiaries. victims of tobacco-related illness. deemed to have passed the House of Rep- (3) Efforts by the Federal Government SEC. ll3. POINT OF ORDER AND WAIVER. resentatives or the Senate unless approved (a) POINT OF ORDER.—It shall not be in should seek to protect young people from the by a majority of the total membership of dangers of smoking. order to consider any concurrent resolution each House of Congress by a rollcall vote. on the budget that does not comply with this (4) Discount tobacco stores, sometimes SEC. ll5. REVIEW OF REVENUES. title. known as smoke shops, operate to sell high Congress shall review actual revenues on a (b) WAIVER.—Congress may waive the pro- volumes of cigarettes and other tobacco visions of this title for any fiscal year in quarterly basis and adjust outlays to assure products, often at significantly reduced which a declaration of war is in effect. compliance with this title. prices, with each tobacco outlet often selling SEC. ll6. DEFINITIONS. SEC. ll4. MAJORITY REQUIREMENT FOR REV- millions of discount cigarettes each year. ENUE INCREASE. In this title: (5) Studies by the Surgeon General and the No bill to increase revenues shall be (1) OUTLAYS.—The term ‘‘outlays’’ shall in- Centers for Disease Control and Prevention deemed to have passed the House of Rep- clude all outlays of the United States exclud- demonstrate that children are particularly resentatives or the Senate unless approved ing repayment of debt principal. susceptible to price differentials in ciga- by a majority of the total membership of (2) REVENUES.—The term ‘‘revenues’’ shall rettes, such as those available through each House of Congress by a rollcall vote. include all revenues of the United States ex- smoke shop discounts. SEC. ll5. REVIEW OF REVENUES. cluding borrowing. (6) The Department of Housing and Urban Congress shall review actual revenues on a Development is using Federal funds for quarterly basis and adjust outlays to assure BOXER AMENDMENT NO. 2911 grants to construct not less than 6 smoke compliance with this title. shops or facilities that contain a smoke (Ordered to lie on the table.) shop. SEC. ll6. DEFINITIONS. Mrs. BOXER submitted an amend- (b) SENSE OF THE SENATE.—It is the sense In this title: ment intended to be proposed by her to of the Senate that the budget levels in this (1) OUTLAYS.—The term ‘‘outlays’’ shall in- resolution assume that no Federal funds may clude all outlays of the United States exclud- the concurrent resolution S. Con. Res. 101, supra; as follows: be used by the Department of Housing and ing repayment of debt principal. Urban Development to provide any grant or At the end of title III, insert the following: (2) REVENUES.—The term ‘‘revenues’’ shall other assistance to construct, operate, or include all revenues of the United States ex- SEC. ll. SENSE OF THE SENATE. otherwise benefit a smoke shop or other to- cluding borrowing. (a) FINDINGS.—The Senate makes the fol- bacco outlet. lowing findings: AMENDMENT NO. 2910 (1) The demand for after school education At the end of the resolution, insert the fol- is very high, with more than 1,000,000 stu- HUTCHISON (AND OTHERS) lowing: dents waiting to get into such programs. AMENDMENT NO. 2914 TITLE ll— (2) After school programs improve edu- Mrs. HUTCHISON (for herself, Mr. cational achievement and have widespread SOCIAL SECURITY PROTECTION AND ASHCROFT, Mr. BROWNBACK, and Mr. support, with over 90 percent of the Amer- DEBT REPAYMENT SESSIONS) proposed an amendment to ican people supporting such programs. SEC. ll1. BALANCED BUDGET REQUIREMENT. (3) 450 of the Nation’s leading police chiefs, the concurrent resolution, S Con. Res. Beginning with fiscal year 2001 and for sheriffs, and prosecutors, along with the 101, supra; as follows: every fiscal year thereafter, budgeted out- presidents of the Fraternal Order of Police, At the appropriate place insert the fol- lays shall not exceed budgeted revenues. and the International Union of Police Asso- lowing: SEC. ll2. REDUCTION OF NATIONAL DEBT. ciations, support government funding of SEC. . SENSE OF THE SENATE TO PROVIDE RE- (a) IN GENERAL.—Beginning with fiscal after school programs. LIEF FROM THE MARRIAGE PEN- year 2001 and for every fiscal year thereafter, (4) Many of our Nation’s governors endorse ALTY. actual revenues shall exceed actual outlays increasing the number of after school pro- (a) FINDINGS.—The Senate finds that:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2122 CONGRESSIONAL RECORD — SENATE April 4, 2000 (1) Marriage is the foundation of the Amer- SEC. ll. SENSE OF THE SENATE ON TAX SIM- student privacy, nor to purchase advertise- ican society and a key institution for pre- PLIFICATION. ments from entities that market to school serving our values; (a) FINDINGS.—Congress finds that— children or violate student privacy during (2) The tax code should not penalize those (1) the Internal Revenue Code of 1986 (re- the school day; and who choose to marry; ferred to in this section as the ‘‘tax code’’) (4) Federal funds should be made available, (3) a report to the Treasury Department’s has become increasingly complex, under- in the form of block grants, to State and Office of Tax Analysis estimates that in 1999, mining confidence in the system, and often local entities in order to provide the entities 48 percent of married couples will pay a mar- undermining the principles of simplicity, ef- with the financial flexibility to avoid the ne- riage penalty under the present tax system; ficiency, and equity; cessity of having to enter into relationships (4) The Congressional Budget Office found (2) some have estimated that the resources with third parties that involve violations of that the average penalty amounts to $1400 a required to keep records and file returns al- student privacy or the introduction of com- year. ready cost American families an additional mercialization into our Nation’s classrooms. (b) SENSE OF THE SENATE.—It is the Sense 10 percent to 20 percent over what they actu- of the Senate that the level in this budget ally pay in income taxes; resolution assume that the Congress shall: HUTCHINSON (AND OTHERS) (3) the tax code penalizes saving and in- (1) pass marriage penalty tax relief legisla- AMENDMENT NO. 2918 tion that begins a phase down of this penalty vestment by imposing tax on these impor- in 2001; tant activities twice while promoting con- (Ordered to lie on the table.) (2) consider such legislation prior to April sumption by only taxing income used for Mr. HUTCHINSON (for himself, Mr. 15, 2000. consumption once; GRASSLEY, and Mr. HELMS) submitted (4) the tax code stifles economic growth by an amendment intended to be proposed ROBB (AND OTHERS) AMENDMENT discouraging work and capital formation through high tax rates; and by them to the concurrent resolution, NO. 2915 (5) if it is to enact a greatly simplified tax S. Con. Res. 101, supra; as follows: Mr. ROBB (for himself, Mr. KENNEDY, code, Congress should have a thorough un- At the appropriate place, insert the fol- Mr. WYDEN, Mr. GRAHAM, Mr. BRYAN, derstanding of the problem as well as spe- lowing: Mr. DORGAN, Mr. BAUCUS, Mr. BINGA- cific proposals to consider. SEC. . SENSE OF THE SENATE ON INCREASED MAN, Mr. JOHNSON, and Mr. SCHUMER) (b) SENSE OF THE SENATE.—It is the sense FUNDING FOR THE HIDTA PRO- GRAM. proposed an amendment to amendment of the Senate that the levels in this resolution assume that— (a) FINDINGS.—The Senate finds that— No. 2915 proposed by Mrs. HUTCHISON to (1) the Joint Committee on Taxation shall (1) the Anti-Drug Abuse Act of 1988 author- the concurrent resolution, S Con. Res. develop a report and alternative proposals on izes the Director of the Office of National 101, supra; as follows: tax simplification by the end of the year; Drug Control Policy (ONDCP) to designate At the end of the amendment, add the fol- (2) the Department of the Treasury is re- areas within the United States which exhibit lowing: quested to develop a report and alternative serious drug trafficking problems and harm- SEC. ll. REVENUE REDUCTION CONTINGENT proposals on tax simplification by the end of fully impact other areas of the country as ON OUTPATIENT PRESCRIPTION the year; and High Intensity Drug Trafficking Areas DRUG LEGISLATION. (3) Congress should move expeditiously to (HIDTA); (a) FINDINGS.—Congress finds that— consider these and other comprehensive pro- (2) since 1990, 31 areas within 40 of the (1) a medicare outpatient prescription drug posals to reform the Internal Revenue Code United States have been designated as benefit should be established before exhaust- of 1986. HIDTAs and thus are the recipients of addi- ing the on-budget surplus on excessive tax tional federal funds to help eliminate or re- cuts; AMENDMENT NO. 2917 duce drug trafficking and its harmful con- (2) while the Senate budget resolution pro- At the end of title III, insert the following: sequences; vides a date certain for the consideration of (3) a HIDTA designation facilitates co- $150,000,000,000 in tax cuts, it does not include SEC. ll. SENSE OF THE SENATE. operation between federal, state, and local a similar instruction for the enactment of an (a) FINDINGS.—The Senate makes the fol- law enforcement organizations and thereby outpatient prescription drug benefit; lowing findings: maximizes the effectiveness and efficiency of (3) all seniors should have access to a vol- (1) Our Nation’s children have become the drug control efforts; untary, reliable, affordable medicare drug ever increasing targets of marketing activ- (4) the HIDTA program is strongly sup- benefit that assists them with the high cost ity. ported by the federal, state and local law en- of prescription drugs and protects them (2) Such marketing activity, which in- forcement communities as an invaluable tool against excessive out-of-pocket costs; and cludes Internet sales pitches, commercials in the effort to reduce the production, dis- (4) 64 percent of medicare beneficiaries broadcast via in-classroom television pro- tribution, and use of illegal substances; have unreliable or no drug coverage at all. gramming, product placements, contests, (5) federal funding provided to HIDTAs has (b) POINT OF ORDER.—It shall not be in and giveaways, is taking place every day grown from $25 million in Fiscal Year 1990 to order in the Senate to consider a reconcili- during class time in our Nation’s public $191.2 million in Fiscal Year 2000; and ation bill resulting in a net reduction in rev- schools. (6) nonetheless the President has not re- enues unless Congress has previously enacted (3) Many State and local entities enter into quested an increase in the amount of federal legislation that— arrangements allowing marketing activity funding provided to the HIDTA program in (1) provides an outpatient prescription in schools in an effort to make up budgetary Fiscal Year 2001. drug benefit under the Medicare program shortfalls or to gain access to expensive (b) SENSE OF THE SENATE: It is the Sense of consistent with Medicare reform; and technology or equipment. the Senate that the amount of federal fund- (2) includes a certification that the legisla- (4) These marketing efforts take advantage ing provided to the HIDTA program in Fiscal tion complies with paragraph (1) of this sec- of the time and captive audiences provided Year 2001 should reflect Congress’ commit- tion. by taxpayer-funded schools. ment over the last decade to enhance this (c) SUPERMAJORITY WAIVER AND APPEAL.— (5) These marketing efforts involve activi- vital public program by increasing its annual The point of order established in this section ties that compromise the privacy of our Na- spending level accordingly. may be waived or suspended in the Senate tion’s children. 3 only by an affirmative vote of ⁄5 of the mem- (b) SENSE OF THE SENATE.—It is the sense bers, duly chosen and sworn. An affirmative of the Senate that— HUTCHINSON AMENDMENTS NOS. vote of 3⁄5 of the Members of the Senate, duly (1) in-school marketing and information- 2919–2920 chosen and sworn, shall be required in the gathering activities— (Ordered to lie on the table.) Senate to sustain an appeal of the ruling of (A) are a waste of student class time and the Chair on a point of order raised under Mr. HUTCHINSON submitted two taxpayer money; amendments intended to be proposed this section. (B) exploit captive student audiences for commercial gain; and by him to the concurrent resolution, S. SHELBY AMENDMENTS NOS. 2916– (C) compromise the privacy rights of our Con. Res. 101, supra; as follows: 2917 Nation’s school children and are a violation AMENDMENT NO. 2919 (Ordered to lie on the table.) of the public trust Americans place in the At the appropriate place, insert the fol- Mr. SHELBY submitted two amend- public education system; lowing: (2) State and local educators should re- SEC. . SENSE OF THE SENATE TO DOUBLE THE ments intended to be proposed by him move commercial distractions from our Na- to the concurrent resolution, S. Con. FEDERAL INVESTMENT IN THE CON- tion’s public schools and should protect the SOLIDATED HEALTH CENTERS PRO- Res. 101, supra; as follows: privacy of school-aged children in our Na- GRAM OVER THE NEXT FIVE YEARS. AMENDMENT NO. 2916 tion’s classrooms; (a) FINDINGS.—The Senate finds that— Beginning on page 66, line 15, strike all (3) Federal funds should not be used in any (1) Whereas the uninsured population in through page 67, line 10, and insert the fol- way to support the commercialization of our the United States is over 44 million and con- lowing: Nation’s classrooms or the exploitation of tinue to grow;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2123 (2) Whereas the majority of the uninsured cally listed in the text of the National Mis- (1) the tribal right of self-government flows population are rural residents, minority pop- sile Defense Act of 1999, as a precondition to from the inherent sovereignty of Indian ulations, single-parent families and working the deployment of a National Missile De- tribes and nations; families; fense system, the President is knowingly and (2) the United States recognizes a special (3) Whereas consolidated health centers willfully violating both the letter and the government-to-government relationship serve as a safety net for more than 11 million spirit of P.L. 106–38. with Indian tribes, including the right of the patients nationwide, including 4.4 million Indian tribes to self-governance, as reflected people with no health insurance; HUTCHINSON (AND FRIST) in the Constitution, treaties, Federal stat- (4) Whereas health centers serve one of AMENDMENT NO. 2921 utes, and the course of dealings of the United every 6 low-income children, one of every 12 States with Indian tribes; rural residents, one of every 4 homeless per- (Ordered to lie on the table.) (3) although progress has been made, the sons, and one of every 5 babies born to low- Mr. HUTCHINSON (for himself and Federal bureaucracy, with its centralized income families; Mr. FRIST) submitted an amendment rules and regulations, has eroded tribal self- (5) Whereas over half of health centers are intended to be proposed by them to the governance and dominates tribal affairs; located in rural areas; concurrent resolution, S. Con. Res. 101, (4) the Tribal Self-Governance Demonstra- (6) Whereas health centers provide primary supra; as follows: tion Project, established under title III of and preventive care to low-income, unin- the Indian Self-Determination and Edu- At the end of title III, insert the following: sured, and under-insured individuals for less cation Assistance Act (25 U.S.C. 450f note) SEC. ll. SENSE OF THE SENATE. than $1 per day; was designed to improve and perpetuate the (a) FINDINGS.—The Senate makes the fol- (7) Whereas the President requested a $15 government-to-government relationship be- lowing findings: million increase for consolidated health cen- tween Indian tribes and the United States (1) According to the General Accounting ters in Fiscal Year 2000; and to strengthen tribal control over Federal Office, for every dollar spent on elementary (8) Whereas Congress recognized the value funding and program management; and secondary education funding for all stu- of consolidated health centers in serving the (5) although the Federal Government has dents, the Federal Government provided an under-served and appropriated a $100 million made considerable strides in improving In- additional $4.73 per low-income student. increase in funding for consolidated health dian health care, it has failed to fully meet (2) Between 1992 and 1998, there was no sig- centers in Fiscal Year 2000; its trust responsibilities and to satisfy its nificant change in the percentage of 4th (b) SENSE OF THE SENATE: It is the Sense of obligations to the Indian tribes under trea- graders who met the proficient or advanced the Senate that the federal investment in ties and other laws; and standard in reading on the National Assess- the consolidated health centers program (6) Congress has reviewed the results of the ment of Educational Progress. should double in funding over the next five Tribal Self-Governance Demonstration (3) Thirteen percent of 4th grade students years. Project and finds that transferring full con- assisted under part A of title I of the Ele- trol and funding to tribal governments, upon mentary and Secondary Education Act of AMENDMENT NO. 2920 tribal request, over decision making for Fed- 1965 who took the 1998 National Assessment At the appropriate place, insert the fol- eral programs, services, functions, and ac- of Educational Progress reading test scored lowing: tivities (or portions thereof)— at or above the proficient level, compared SEC. . SENSE OF THE CONGRESS WITH RESPECT (A) is an appropriate and effective means with 40 percent of higher-income students. TO PRESIDENT CLINTON’S ADHER- of implementing the Federal policy of gov- (4) After 35 years and more than ENCE TO PUBLIC LAW 106–38. ernment-to-government relations with In- $120,000,000,000 spent on part A of title I of Whereas on May 18, 1999 the Senate passed dian tribes; and the Elementary and Secondary Education H.R. 4, which had been amended by striking (B) strengthens the Federal policy of In- Act of 1965, the goal of closing the achieve- all after the enacting clause and substituted dian self-determination. the text of S. 257, the Cochran-Inouye Na- ment gap for disadvantaged students is still SEC. 3. DECLARATION OF POLICY. tional Missile Defense Act of 1999, by a vote unmet. It is the policy of Congress— of 97 to 3. (5) New Federal education programs em- Whereas the House of Representatives phasize inputs, while educational reform (1) to permanently establish and imple- agreed to the Senate amendment and ap- under the Elementary and Secondary Edu- ment tribal self-governance within the De- proved H.R. 4 by a vote of 345 to 71. cation Act of 1965 will emphasize account- partment of Health and Human Services; Whereas H.R. 4, as presented to the presi- ability in exchange for flexibility and stu- (2) to call for full cooperation from the De- dent, stated that ‘‘it is the policy of the dent achievement for all children by closing partment of Health and Human Services and United States to deploy as soon as techno- the achievement gap. its constituent agencies in the implementa- logically possible an effective National Mis- (6) The funding levels in this resolution as- tion of tribal self-governance— sile Defense system capable of defending the sume a net increase of $19,600,000,000 over the (A) to enable the United States to main- territory of the United States against lim- fiscal years 2001 through 2005 for programs tain and improve its unique and continuing ited ballistic missile attack.’’ under the Elementary and Secondary Edu- relationship with, and responsibility to, In- Whereas when the President signed H.R. 4 cation Act of 1965 that will be reauthorized dian tribes; on July 22, 1999, it became Public Law 106–38. in 2001. (B) to permit each Indian tribe to choose Whereas in a statement released on July (b) SENSE OF THE SENATE.—It is the sense the extent of its participation in self-govern- 23, 1999 President Clinton stated that any de- of the Senate that the levels in this resolu- ance in accordance with the provisions of the cision to deploy a National Missile Defense tion assume that increased funding for the Indian Self-Determination and Education System would be based upon four criteria: reauthorized programs under the Elementary Assistance Act relating to the provision of threat, cost, impact on arms control, and and Secondary Education Act of 1965 should Federal services to Indian tribes; technological feasibility. be dedicated to innovative reforms that re- (C) to ensure the continuation of the trust Whereas P.L. 106–38 does not accord the quire academic achievement for all students responsibility of the United States to Indian issues of threat, cost, and impact on arms and aim to close the achievement gap that tribes and Indian individuals; control status as criteria which must be met exists for disadvantaged students. (D) to affirm and enable the United States before deploying a National Missile Defense to fulfill its obligations to the Indian tribes system. TRIBAL SELF-GOVERANCE under treaties and other laws; Whereas the only criteria to be met before AMENDMENTS OF 1999 (E) to strengthen the government-to-gov- the United States deploys a National Missile ernment relationship between the United Defense system, as codified in P.L. 106–38, is States and Indian tribes through direct and technological possibility. CAMPBELL AMENDMENT NO. 2922 meaningful consultation with all tribes; Whereas all of the technological compo- (F) to permit an orderly transition from nents of the proposed National Missile De- Mr. KYL (for Mr. CAMPBELL) pro- Federal domination of programs and services fense system have been demonstrated to be posed an amendment to the bill (S. 979) to provide Indian tribes with meaningful au- technologically possible by the Integrated to amend the Indian Self-Determina- thority, control, funding, and discretion to Flight Test program. tion and Education Assistance Act to plan, conduct, redesign, and administer pro- Whereas President Clinton has publicly as- provide for further self-governance by grams, services, functions, and activities (or portions thereof) that meet the needs of the serted that he will not make an affirmative Indian tribes, and for other purposes; deployment decision, despite the legal fulfill- individual tribal communities; ment of the criteria set forth in P.L. 106–38, as follows: (G) to provide for a measurable parallel re- until all four of his criteria have been satis- In lieu of the language proposed to be in- duction in the Federal bureaucracy as pro- fied. serted, insert the following: grams, services, functions, and activities (or Resolved by the Senate (the House of Rep- SECTION 1. SHORT TITLE. portion thereof) are assumed by Indian resentatives concurring) That it is the sense of This Act may be cited as the ‘‘Tribal Self- tribes; the Congress that— Governance Amendments of 1999’’. (H) to encourage the Secretary to identify (1) Because the President insists upon the SEC. 2. FINDINGS. all programs, services, functions, and activi- meeting of criteria, other than that specifi- Congress finds that— ties (or portions thereof) of the Department

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2124 CONGRESSIONAL RECORD — SENATE April 4, 2000 of Health and Human Services that may be the Secretary for performance of inherent evidence of the required stability and capa- managed by an Indian tribe under this Act Federal functions. bility. and to assist Indian tribes in assuming re- ‘‘(b) INDIAN TRIBE.—In any case in which an ‘‘(d) PLANNING PHASE.—Each Indian tribe sponsibility for such programs, services, Indian tribe has authorized another Indian seeking participation in self-governance functions, and activities (or portions there- tribe, an inter-tribal consortium, or a tribal shall complete a planning phase. The plan- of); and organization to plan for or carry out pro- ning phase shall be conducted to the satis- (I) to provide Indian tribes with the ear- grams, services, functions, or activities (or faction of the Indian tribe and shall in- liest opportunity to administer programs, portions thereof) on its behalf under this clude— services, functions, and activities (or por- title, the authorized Indian tribe, inter-trib- ‘‘(1) legal and budgetary research; and tions thereof) from throughout the Depart- al consortium, or tribal organization shall ‘‘(2) internal tribal government planning ment of Health and Human Services. have the rights and responsibilities of the and organizational preparation relating to SEC. 4. TRIBAL SELF-GOVERNANCE. authorizing Indian tribe (except as otherwise the administration of health care programs. The Indian Self-Determination and Edu- provided in the authorizing resolution or in ‘‘(e) GRANTS.—Subject to the availability cation Assistance Act (25 U.S.C. 450 et seq.) this title). In such event, the term ‘Indian of appropriations, any Indian tribe meeting is amended by adding at the end the fol- tribe’ as used in this title shall include such the requirements of paragraph (1) (B) and (C) lowing: other authorized Indian tribe, inter-tribal of subsection (c) shall be eligible for grants— ‘‘TITLE V—TRIBAL SELF-GOVERNANCE consortium, or tribal organization. ‘‘(1) to plan for participation in self-gov- ‘‘SEC. 501. DEFINITIONS. ‘‘SEC. 502. ESTABLISHMENT. ernance; and ‘‘(a) IN GENERAL.—In this title: ‘‘The Secretary shall establish and carry ‘‘(2) to negotiate the terms of participation ‘‘(1) CONSTRUCTION PROJECT.—The term out a program within the Indian Health by the Indian tribe or tribal organization in ‘construction project’— Service of the Department of Health and self-governance, as set forth in a compact ‘‘(A) means an organized noncontinuous Human Services to be known as the ‘Tribal and a funding agreement. undertaking to complete a specific set of Self-Governance Program’ in accordance ‘‘(f) RECEIPT OF GRANT NOT REQUIRED.—Re- predetermined objectives for the planning, with this title. ceipt of a grant under subsection (e) shall not be a requirement of participation in self- environmental determination, design, con- ‘‘SEC. 503. SELECTION OF PARTICIPATING INDIAN struction, repair, improvement, or expansion TRIBES. governance. of buildings or facilities, as described in a ‘‘(a) CONTINUING PARTICIPATION.—Each In- ‘‘SEC. 504. COMPACTS. construction project agreement; and dian tribe that is participating in the Tribal ‘‘(a) COMPACT REQUIRED.—The Secretary ‘‘(B) does not include construction pro- Self-Governance Demonstration Project shall negotiate and enter into a written com- gram administration and activities described under title III on the date of enactment of pact with each Indian tribe participating in in paragraphs (1) through (3) of section 4(m), this title may elect to participate in self- self-governance in a manner consistent with that may otherwise be included in a funding governance under this title under existing the Federal Government’s trust responsi- agreement under this title. authority as reflected in tribal resolution. bility, treaty obligations, and the govern- ‘‘(2) CONSTRUCTION PROJECT AGREEMENT.— ‘‘(b) ADDITIONAL PARTICIPANTS.— ment-to-government relationship between The term ‘construction project agreement’ ‘‘(1) IN GENERAL.—In addition to those In- Indian tribes and the United States. means a negotiated agreement between the dian tribes participating in self-governance ‘‘(b) CONTENTS.—Each compact required Secretary and an Indian tribe, that at a min- under subsection (a), each year an additional under subsection (a) shall set forth the gen- imum— 50 Indian tribes that meet the eligibility cri- eral terms of the government-to-government ‘‘(A) establishes project phase start and teria specified in subsection (c) shall be enti- relationship between the Indian tribe and completion dates; tled to participate in self-governance. the Secretary, including such terms as the ‘‘(B) defines a specific scope of work and ‘‘(2) TREATMENT OF CERTAIN INDIAN parties intend shall control year after year. standards by which it will be accomplished; TRIBES.— Such compacts may only be amended by mu- ‘‘(C) identifies the responsibilities of the ‘‘(A) IN GENERAL.—An Indian tribe that has tual agreement of the parties. Indian tribe and the Secretary; withdrawn from participation in an inter- ‘‘(c) EXISTING COMPACTS.—An Indian tribe ‘‘(D) addresses environmental consider- tribal consortium or tribal organization, in participating in the Tribal Self-Governance ations; whole or in part, shall be entitled to partici- Demonstration Project under title III on the ‘‘(E) identifies the owner and operations pate in self-governance provided the Indian date of enactment of this title shall have the and maintenance entity of the proposed tribe meets the eligibility criteria specified option at any time after the date of enact- work; in subsection (c). ment of this title to— ‘‘(F) provides a budget; ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian ‘‘(1) retain the Tribal Self-Governance ‘‘(G) provides a payment process; and tribe has withdrawn from participation in an Demonstration Project compact of that In- ‘‘(H) establishes the duration of the agree- inter-tribal consortium or tribal organiza- dian tribe (in whole or in part) to the extent ment based on the time necessary to com- tion, that Indian tribe shall be entitled to its that the provisions of that funding agree- plete the specified scope of work, which may tribal share of funds supporting those pro- ment are not directly contrary to any ex- be 1 or more years. grams, services, functions, and activities (or press provision of this title; or ‘‘(3) GROSS MISMANAGEMENT.—The term portions thereof) that the Indian tribe will ‘‘(2) instead of retaining a compact or por- ‘gross mismanagement’ means a significant, be carrying out under the compact and fund- tion thereof under paragraph (1), negotiate a clear, and convincing violation of a compact, ing agreement of the Indian tribe. new compact in a manner consistent with funding agreement, or regulatory, or statu- ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— the requirements of this title. tory requirements applicable to Federal In no event shall the withdrawal of an Indian ‘‘(d) TERM AND EFFECTIVE DATE.—The ef- funds transferred to an Indian tribe by a tribe from an inter-tribal consortium or trib- fective date of a compact shall be the date of compact or funding agreement that results al organization affect the eligibility of the the approval and execution by the Indian in a significant reduction of funds available inter-tribal consortium or tribal organiza- tribe or another date agreed upon by the par- for the programs, services, functions, or action to participate in self-governance. ties, and shall remain in effect for so long as tivities (or portions thereof) assumed by an ‘‘(c) APPLICANT POOL.— permitted by Federal law or until termi- Indian tribe. ‘‘(1) IN GENERAL.—The qualified applicant nated by mutual written agreement, ret- ‘‘(4) INHERENT FEDERAL FUNCTIONS.—The pool for self-governance shall consist of each rocession, or reassumption. term ‘inherent Federal functions’ means Indian tribe that— ‘‘SEC. 505. FUNDING AGREEMENTS. those Federal functions which cannot legally ‘‘(A) successfully completes the planning ‘‘(a) FUNDING AGREEMENT REQUIRED.—The be delegated to Indian tribes. phase described in subsection (d); Secretary shall negotiate and enter into a ‘‘(5) INTER-TRIBAL CONSORTIUM.—The term ‘‘(B) has requested participation in self- written funding agreement with each Indian ‘inter-tribal consortium’ means a coalition governance by resolution or other official ac- tribe participating in self-governance in a of 2 or more separate Indian tribes that join tion by the governing body of each Indian manner consistent with the Federal Govern- together for the purpose of participating in tribe to be served; and ment’s trust responsibility, treaty obliga- self-governance, including tribal organiza- ‘‘(C) has demonstrated, for 3 fiscal years, tions, and the government-to-government re- tions. financial stability and financial manage- lationship between Indian tribes and the ‘‘(6) SECRETARY.—The term ‘Secretary’ ment capability. United States. means the Secretary of Health and Human ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL ‘‘(b) CONTENTS.— Services. STABILITY AND FINANCIAL MANAGEMENT CAPAC- ‘‘(1) IN GENERAL.—Each funding agreement ‘‘(7) SELF-GOVERNANCE.—The term ‘self- ITY.—For purposes of this subsection, evi- required under subsection (a) shall, as deter- governance’ means the program of self-gov- dence that, during the 3-year period referred mined by the Indian tribe, authorize the In- ernance established under section 502. to in paragraph (1)(C), an Indian tribe had no dian tribe to plan, conduct, consolidate, ad- ‘‘(8) TRIBAL SHARE.—The term ‘tribal share’ uncorrected significant and material audit minister, and receive full tribal share fund- means an Indian tribe’s portion of all funds exceptions in the required annual audit of ing, including tribal shares of discretionary and resources that support secretarial pro- the Indian tribe’s self-determination con- Indian Health Service competitive grants grams, services, functions, and activities (or tracts or self-governance funding agreements (excluding congressionally earmarked com- portions thereof) that are not required by with any Federal agency shall be conclusive petitive grants), for all programs, services,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2125 functions, and activities (or portions there- funding agreement shall be retroactive to or redirect funds for such programs, services, of), that are carried out for the benefit of In- the end of the term of the preceding funding functions, and activities (or portions thereof) dians because of their status as Indians with- agreement. in any manner which the Indian tribe deems out regard to the agency or office of the In- ‘‘(f) EXISTING FUNDING AGREEMENTS.—Each to be in the best interest of the health and dian Health Service (or of such other agency) Indian tribe participating in the Tribal Self- welfare of the Indian community being within which the program, service, function, Governance Demonstration Project estab- served, only if the redesign or consolidation or activity (or portion thereof) is performed. lished under title III on the date of enact- does not have the effect of denying eligi- ‘‘(2) INCLUSION OF CERTAIN PROGRAMS, SERV- ment of this title shall have the option at bility for services to population groups oth- ICES, FUNCTIONS, AND ACTIVITIES.—Such pro- any time thereafter to— erwise eligible to be served under applicable grams, services, functions, or activities (or ‘‘(1) retain the Tribal Self-Governance Federal law. portions thereof) include all programs, serv- Demonstration Project funding agreement of ‘‘(f) RETROCESSION.—An Indian tribe may ices, functions, activities (or portions there- that Indian tribe (in whole or in part) to the retrocede, fully or partially, to the Secretary of), including grants (which may be added to extent that the provisions of that funding programs, services, functions, or activities a funding agreement after an award of such agreement are not directly contrary to any (or portions thereof) included in the compact grants), with respect to which Indian tribes express provision of this title; or or funding agreement. Unless the Indian or Indians are primary or significant bene- ‘‘(2) instead of retaining a funding agree- tribe rescinds the request for retrocession, ficiaries, administered by the Department of ment or portion thereof under paragraph (1), such retrocession will become effective with- Health and Human Services through the In- negotiate a new funding agreement in a man- in the timeframe specified by the parties in dian Health Service and all local, field, serv- ner consistent with the requirements of this the compact or funding agreement. In the ice unit, area, regional, and central head- title. absence of such a specification, such ret- quarters or national office functions admin- ‘‘(g) STABLE BASE FUNDING.—At the option rocession shall become effective on— istered under the authority of— of an Indian tribe, a funding agreement may ‘‘(1) the earlier of— ‘‘(A) the Act of November 2, 1921 (42 Stat. provide for a stable base budget specifying ‘‘(A) 1 year after the date of submission of 208, chapter 115; 25 U.S.C. 13); the recurring funds (including, for purposes such request; or ‘‘(B) the Act of April 16, 1934 (48 Stat. 596, of this provision, funds available under sec- ‘‘(B) the date on which the funding agree- chapter 147; 25 U.S.C. 452 et seq.); tion 106(a)) to be transferred to such Indian ment expires; or ‘‘(C) the Act of August 5, 1954 (68 Stat. 674, tribe, for such period as may be specified in ‘‘(2) such date as may be mutually agreed chapter 658); the funding agreement, subject to annual ad- upon by the Secretary and the Indian tribe. ‘‘(D) the Indian Health Care Improvement justment only to reflect changes in congres- ‘‘(g) WITHDRAWAL.— Act (25 U.S.C. 1601 et seq.); sional appropriations by sub-sub activity ex- ‘‘(1) PROCESS.— ‘‘(E) the Indian Alcohol and Substance cluding earmarks. ‘‘(A) IN GENERAL.—An Indian tribe may Abuse Prevention and Treatment Act of 1986 ‘‘SEC. 506. GENERAL PROVISIONS. fully or partially withdraw from a partici- (25 U.S.C. 2401 et seq.); ‘‘(a) APPLICABILITY.—The provisions of this pating inter-tribal consortium or tribal orga- ‘‘(F) any other Act of Congress authorizing section shall apply to compacts and funding nization its share of any program, function, any agency of the Department of Health and agreements negotiated under this title and service, or activity (or portions thereof) in- Human Services to administer, carry out, or an Indian tribe may, at its option, include cluded in a compact or funding agreement. provide financial assistance to such a pro- provisions that reflect such requirements in ‘‘(B) EFFECTIVE DATE.—The withdrawal re- gram, service, function or activity (or por- a compact or funding agreement. ferred to in subparagraph (A) shall become tions thereof) described in this section that ‘‘(b) CONFLICTS OF INTEREST.—Indian tribes effective within the timeframe specified in is carried out for the benefit of Indians be- participating in self-governance under this the resolution which authorizes transfer to cause of their status as Indians; or title shall ensure that internal measures are the participating tribal organization or ‘‘(G) any other Act of Congress authorizing in place to address conflicts of interest in inter-tribal consortium. In the absence of a such a program, service, function, or activity the administration of self-governance pro- specific timeframe set forth in the resolu- (or portions thereof) carried out for the ben- grams, services, functions, or activities (or tion, such withdrawal shall become effective efit of Indians under which appropriations portions thereof). on— are made available to any agency other than ‘‘(c) AUDITS.— ‘‘(i) the earlier of— an agency within the Department of Health ‘‘(1) SINGLE AGENCY AUDIT ACT.—The provi- ‘‘(I) 1 year after the date of submission of and Human Services, in any case in which sions of chapter 75 of title 31, United States such request; or the Secretary administers that program, Code, requiring a single agency audit report ‘‘(II) the date on which the funding agree- service, function, or activity (or portion shall apply to funding agreements under this ment expires; or thereof). title. ‘‘(ii) such date as may be mutually agreed ‘‘(c) INCLUSION IN COMPACT OR FUNDING ‘‘(2) COST PRINCIPLES.—An Indian tribe upon by the Secretary, the withdrawing In- AGREEMENT.—It shall not be a requirement shall apply cost principles under the applica- dian tribe, and the participating tribal orga- that an Indian tribe or Indians be identified ble Office of Management and Budget cir- nization or inter-tribal consortium that has in the authorizing statute for a program or cular, except as modified by section 106, or signed the compact or funding agreement on element of a program to be eligible for inclu- by any exemptions to applicable Office of behalf of the withdrawing Indian tribe, inter- sion in a compact or funding agreement Management and Budget circulars subse- tribal consortium, or tribal organization. under this title. quently granted by the Office of Manage- ‘‘(2) DISTRIBUTION OF FUNDS.—When an In- ‘‘(d) FUNDING AGREEMENT TERMS.—Each funding agreement under this title shall set ment and Budget. No other audit or account- dian tribe or tribal organization eligible to forth— ing standards shall be required by the Sec- enter into a self-determination contract ‘‘(1) terms that generally identify the pro- retary. Any claim by the Federal Govern- under title I or a compact or funding agree- grams, services, functions, and activities (or ment against the Indian tribe relating to ment under this title fully or partially with- portions thereof) to be performed or adminis- funds received under a funding agreement draws from a participating inter-tribal con- tered; and based on any audit under this subsection sortium or tribal organization— ‘‘(2) for the items identified in paragraph shall be subject to the provisions of section ‘‘(A) the withdrawing Indian tribe or tribal (1)— 106(f). organization shall be entitled to its tribal ‘‘(A) the general budget category assigned; ‘‘(d) RECORDS.— share of funds supporting those programs, ‘‘(B) the funds to be provided, including ‘‘(1) IN GENERAL.—Unless an Indian tribe services, functions, or activities (or portions those funds to be provided on a recurring specifies otherwise in the compact or fund- thereof) that the Indian tribe will be car- basis; ing agreement, records of the Indian tribe rying out under its own self-determination ‘‘(C) the time and method of transfer of the shall not be considered Federal records for contract or compact and funding agreement funds; purposes of chapter 5 of title 5, United States (calculated on the same basis as the funds ‘‘(D) the responsibilities of the Secretary; Code. were initially allocated in the funding agree- and ‘‘(2) RECORDKEEPING SYSTEM.—The Indian ment of the inter-tribal consortium or tribal ‘‘(E) any other provision with respect to tribe shall maintain a recordkeeping system, organization); and which the Indian tribe and the Secretary and, after 30 days advance notice, provide ‘‘(B) the funds referred to in subparagraph agree. the Secretary with reasonable access to such (A) shall be transferred from the funding ‘‘(e) SUBSEQUENT FUNDING AGREEMENTS.— records to enable the Department of Health agreement of the inter-tribal consortium or Absent notification from an Indian tribe and Human Services to meet its minimum tribal organization, on the condition that that is withdrawing or retroceding the oper- legal recordkeeping system requirements the provisions of sections 102 and 105(i), as ation of 1 or more programs, services, func- under sections 3101 through 3106 of title 44, appropriate, shall apply to that withdrawing tions, or activities (or portions thereof) iden- United States Code. Indian tribe. tified in a funding agreement, or unless oth- ‘‘(e) REDESIGN AND CONSOLIDATION.—An In- ‘‘(3) REGAINING MATURE CONTRACT STATUS.— erwise agreed to by the parties, each funding dian tribe may redesign or consolidate pro- If an Indian tribe elects to operate all or agreement shall remain in full force and ef- grams, services, functions, and activities (or some programs, services, functions, or ac- fect until a subsequent funding agreement is portions thereof) included in a funding tivities (or portions thereof) carried out executed, and the terms of the subsequent agreement under section 305 and reallocate under a compact or funding agreement under

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2126 CONGRESSIONAL RECORD — SENATE April 4, 2000 this title through a self-determination con- clear and convincing evidence the validity of fied in section 3 of the Tribal Self-Govern- tract under title I, at the option of the In- the grounds for the reassumption. ance Amendments of 1999. dian tribe, the resulting self-determination ‘‘(b) FINAL OFFER.—In the event the Sec- ‘‘(f) SAVINGS.—To the extent that pro- contract shall be a mature self-determina- retary and a participating Indian tribe are grams, functions, services, or activities (or tion contract. unable to agree, in whole or in part, on the portions thereof) carried out by Indian tribes ‘‘(h) NONDUPLICATION.—For the period for terms of a compact or funding agreement under this title reduce the administrative or which, and to the extent to which, funding is (including funding levels), the Indian tribe other responsibilities of the Secretary with provided under this title or under the com- may submit a final offer to the Secretary. respect to the operation of Indian programs pact or funding agreement, the Indian tribe Not more than 45 days after such submission, and result in savings that have not otherwise shall not be entitled to contract with the or within a longer time agreed upon by the been included in the amount of tribal shares Secretary for such funds under section 102, Indian tribe, the Secretary shall review and and other funds determined under section except that such Indian tribe shall be eligi- make a determination with respect to such 508(c), the Secretary shall make such savings ble for new programs on the same basis as offer. In the absence of a timely rejection of available to the Indian tribes, inter-tribal other Indian tribes. the offer, in whole or in part, made in com- consortia, or tribal organizations for the pro- ‘‘SEC. 507. PROVISIONS RELATING TO THE SEC- pliance with subsection (c), the offer shall be vision of additional services to program RETARY. deemed agreed to by the Secretary. beneficiaries in a manner equitable to di- ‘‘(a) MANDATORY PROVISIONS.— ‘‘(c) REJECTION OF FINAL OFFERS.— rectly served, contracted, and compacted ‘‘(1) HEALTH STATUS REPORTS.—Compacts ‘‘(1) IN GENERAL.—If the Secretary rejects programs. or funding agreements negotiated between an offer made under subsection (b) (or 1 or ‘‘(g) TRUST RESPONSIBILITY.—The Sec- the Secretary and an Indian tribe shall in- more provisions or funding levels in such retary is prohibited from waiving, modi- clude a provision that requires the Indian offer), the Secretary shall provide— fying, or diminishing in any way the trust tribe to report on health status and service ‘‘(A) a timely written notification to the responsibility of the United States with re- delivery— Indian tribe that contains a specific finding spect to Indian tribes and individual Indians ‘‘(A) to the extent such data is not other- that clearly demonstrates, or that is sup- that exists under treaties, Executive orders, wise available to the Secretary and specific ported by a controlling legal authority, other laws, or court decisions. funds for this purpose are provided by the that— ‘‘(h) DECISIONMAKER.—A decision that con- Secretary under the funding agreement; and ‘‘(i) the amount of funds proposed in the stitutes final agency action and relates to an ‘‘(B) if such reporting shall impose mini- final offer exceeds the applicable funding appeal within the Department of Health and mal burdens on the participating Indian level to which the Indian tribe is entitled Human Services conducted under subsection tribe and such requirements are promulgated under this title; (c) shall be made either— under section 517. ‘‘(ii) the program, function, service, or ac- ‘‘(1) by an official of the Department who ‘‘(2) REASSUMPTION.— tivity (or portion thereof) that is the subject holds a position at a higher organizational ‘‘(A) IN GENERAL.—Compacts or funding of the final offer is an inherent Federal func- level within the Department than the level agreements negotiated between the Sec- tion that cannot legally be delegated to an of the departmental agency in which the de- retary and an Indian tribe shall include a Indian tribe; cision that is the subject of the appeal was provision authorizing the Secretary to re- ‘‘(iii) the Indian tribe cannot carry out the made; or assume operation of a program, service, program, function, service, or activity (or ‘‘(2) by an administrative judge. function, or activity (or portions thereof) portion thereof) in a manner that would not ‘‘SEC. 508. TRANSFER OF FUNDS. and associated funding if there is a specific result in significant danger or risk to the ‘‘(a) IN GENERAL.—Pursuant to the terms finding relative to that program, service, public health; or of any compact or funding agreement en- function, or activity (or portion thereof) of— ‘‘(iv) the Indian tribe is not eligible to par- tered into under this title, the Secretary ‘‘(i) imminent endangerment of the public ticipate in self-governance under section 503; shall transfer to the Indian tribe all funds health caused by an act or omission of the ‘‘(B) technical assistance to overcome the provided for in the funding agreement, pur- Indian tribe, and the imminent objections stated in the notification required suant to subsection (c), and provide funding endangerment arises out of a failure to carry by subparagraph (A); for periods covered by joint resolution adopt- out the compact or funding agreement; or ‘‘(C) the Indian tribe with a hearing on the ed by Congress making continuing appro- ‘‘(ii) gross mismanagement with respect to record with the right to engage in full dis- priations, to the extent permitted by such funds transferred to a tribe by a compact or covery relevant to any issue raised in the resolutions. In any instance where a funding funding agreement, as determined by the matter and the opportunity for appeal on the agreement requires an annual transfer of Secretary in consultation with the Inspector objections raised, except that the Indian funding to be made at the beginning of a fis- General, as appropriate. tribe may, in lieu of filing such appeal, di- cal year, or requires semiannual or other ‘‘(B) PROHIBITION.—The Secretary shall not rectly proceed to initiate an action in a Fed- periodic transfers of funding to be made reassume operation of a program, service, eral district court pursuant to section 110(a); commencing at the beginning of a fiscal function, or activity (or portions thereof) un- and year, the first such transfer shall be made less— ‘‘(D) the Indian tribe with the option of en- not later than 10 days after the apportion- ‘‘(i) the Secretary has first provided writ- tering into the severable portions of a final ment of such funds by the Office of Manage- ten notice and a hearing on the record to the proposed compact or funding agreement, or ment and Budget to the Department, unless Indian tribe; and provision thereof, (including a lesser funding the funding agreement provides otherwise. ‘‘(ii) the Indian tribe has not taken correc- amount, if any), that the Secretary did not ‘‘(b) MULTIYEAR FUNDING.—The Secretary tive action to remedy the imminent reject, subject to any additional alterations may employ, upon tribal request, multiyear endangerment to public health or gross mis- necessary to conform the compact or funding funding agreements. References in this title management. agreement to the severed provisions. to funding agreements shall include such ‘‘(C) EXCEPTION.— ‘‘(2) EFFECT OF EXERCISING CERTAIN OP- multiyear funding agreements. ‘‘(i) IN GENERAL.—Notwithstanding sub- TION.—If an Indian tribe exercises the option ‘‘(c) AMOUNT OF FUNDING.—The Secretary paragraph (B), the Secretary may, upon writ- specified in paragraph (1)(D), that Indian shall provide funds under a funding agree- ten notification to the Indian tribe, imme- tribe shall retain the right to appeal the Sec- ment under this title in an amount equal to diately reassume operation of a program, retary’s rejection under this section, and the amount that the Indian tribe would have service, function, or activity (or portion subparagraphs (A), (B), and (C) of that para- been entitled to receive under self-deter- thereof) if— graph shall only apply to that portion of the mination contracts under this Act, including ‘‘(I) the Secretary makes a finding of im- proposed final compact, funding agreement, amounts for direct program costs specified minent substantial and irreparable or provision thereof that was rejected by the under section 106(a)(1) and amounts for con- endangerment of the public health caused by Secretary. tract support costs specified under section an act or omission of the Indian tribe; and ‘‘(d) BURDEN OF PROOF.—With respect to 106(a) (2), (3), (5), and (6), including any funds ‘‘(II) the endangerment arises out of a fail- any hearing or appeal or civil action con- that are specifically or functionally related ure to carry out the compact or funding ducted pursuant to this section, the Sec- to the provision by the Secretary of services agreement. retary shall have the burden of dem- and benefits to the Indian tribe or its mem- ‘‘(ii) REASSUMPTION.—If the Secretary re- onstrating by clear and convincing evidence bers, all without regard to the organiza- assumes operation of a program, service, the validity of the grounds for rejecting the tional level within the Department where function, or activity (or portion thereof) offer (or a provision thereof) made under sub- such functions are carried out. under this subparagraph, the Secretary shall section (b). ‘‘(d) PROHIBITIONS.— provide the Indian tribe with a hearing on ‘‘(e) GOOD FAITH.—In the negotiation of ‘‘(1) IN GENERAL.—Except as provided in the record not later than 10 days after such compacts and funding agreements the Sec- paragraph (2), the Secretary is expressly pro- reassumption. retary shall at all times negotiate in good hibited from— ‘‘(D) HEARINGS.—In any hearing or appeal faith to maximize implementation of the ‘‘(A) failing or refusing to transfer to an involving a decision to reassume operation self-governance policy. The Secretary shall Indian tribe its full share of any central, of a program, service, function, or activity carry out this title in a manner that maxi- headquarters, regional, area, or service unit (or portion thereof), the Secretary shall have mizes the policy of tribal self-governance, in office or other funds due under this Act, ex- the burden of proof of demonstrating by a manner consistent with the purposes speci- cept as required by Federal law;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2127 ‘‘(B) withholding portions of such funds for ing agreement in that or any subsequent fis- for the management of the contingency transfer over a period of years; and cal year. funds included in funding agreements. ‘‘(C) reducing the amount of funds required ‘‘(j) PROGRAM INCOME.—All medicare, med- ‘‘(f) APPROVAL.—The Secretary shall have under this Act— icaid, or other program income earned by an at least 1 opportunity to approve project ‘‘(i) to make funding available for self-gov- Indian tribe shall be treated as supplemental planning and design documents prepared by ernance monitoring or administration by the funding to that negotiated in the funding the Indian tribe in advance of construction Secretary; agreement. The Indian tribe may retain all of the facilities specified in the scope of ‘‘(ii) in subsequent years, except pursuant such income and expend such funds in the work for each negotiated construction to— current year or in future years except to the project agreement or amendment thereof ‘‘(I) a reduction in appropriations from the extent that the Indian Health Care Improve- which results in a significant change in the previous fiscal year for the program or func- ment Act (25 U.S.C. 1601 et seq.) provides original scope of work. The Indian tribe shall tion to be included in a compact or funding otherwise for medicare and medicaid re- provide the Secretary with project progress agreement; ceipts. Such funds shall not result in any off- and financial reports not less than semi- ‘‘(II) a congressional directive in legisla- set or reduction in the amount of funds the annually. The Secretary may conduct onsite tion or accompanying report; Indian tribe is authorized to receive under project oversight visits semiannually or on ‘‘(III) a tribal authorization; its funding agreement in the year the pro- an alternate schedule agreed to by the Sec- ‘‘(IV) a change in the amount of pass- gram income is received or for any subse- retary and the Indian tribe. through funds subject to the terms of the quent fiscal year. ‘‘(g) WAGES.—All laborers and mechanics funding agreement; or ‘‘(k) LIMITATION OF COSTS.—An Indian tribe employed by contractors and subcontractors ‘‘(V) completion of a project, activity, or shall not be obligated to continue perform- in the construction, alteration, or repair, in- program for which such funds were provided; ance that requires an expenditure of funds in cluding painting or decorating of a building ‘‘(iii) to pay for Federal functions, includ- excess of the amount of funds transferred or other facilities in connection with con- ing Federal pay costs, Federal employee re- under a compact or funding agreement. If at struction projects undertaken by self-gov- tirement benefits, automated data proc- any time the Indian tribe has reason to be- ernance Indian tribes under this Act, shall be essing, technical assistance, and monitoring lieve that the total amount provided for a paid wages at not less than those prevailing of activities under this Act; or specific activity in the compact or funding wages on similar construction in the locality ‘‘(iv) to pay for costs of Federal personnel agreement is insufficient the Indian tribe as determined by the Indian tribe. displaced by self-determination contracts shall provide reasonable notice of such insuf- ‘‘(h) APPLICATION OF OTHER LAWS.—Unless under this Act or self-governance; ficiency to the Secretary. If the Secretary otherwise agreed to by the Indian tribe, no ‘‘(2) EXCEPTION.—The funds described in does not increase the amount of funds trans- provision of the Office of Federal Procure- paragraph (1)(C) may be increased by the ferred under the funding agreement, the In- ment Policy Act, the Federal Acquisition Secretary if necessary to carry out this Act dian tribe may suspend performance of the Regulations issued pursuant thereto, or any or as provided in section 105(c)(2). activity until such time as additional funds other law or regulation pertaining to Federal ‘‘(e) OTHER RESOURCES.—In the event an are transferred. procurement (including Executive orders) Indian tribe elects to carry out a compact or ‘‘SEC. 509. CONSTRUCTION PROJECTS. shall apply to any construction project con- funding agreement with the use of Federal ‘‘(a) IN GENERAL.—Indian tribes partici- ducted under this title. personnel, Federal supplies (including sup- pating in tribal self-governance may carry ‘‘SEC. 510. FEDERAL PROCUREMENT LAWS AND plies available from Federal warehouse fa- out construction projects under this title if REGULATIONS. cilities), Federal supply sources (including they elect to assume all Federal responsibil- ‘‘Notwithstanding any other provision of lodging, airline transportation, and other ities under the National Environmental Pol- law, unless expressly agreed to by the par- means of transportation including the use of icy Act of 1969 (42 U.S.C. 4321 et seq.), the Na- ticipating Indian tribe, the compacts and interagency motor pool vehicles) or other tional Historic Preservation Act (16 U.S.C. funding agreements entered into under this Federal resources (including supplies, serv- 470 et seq.), and related provisions of law title shall not be subject to Federal con- ices, and resources available to the Sec- that would apply if the Secretary were to un- tracting or cooperative agreement laws and retary under any procurement contracts in dertake a construction project, by adopting regulations (including Executive orders and which the Department is eligible to partici- a resolution— the regulations relating to procurement pate), the Secretary shall acquire and trans- ‘‘(1) designating a certifying officer to rep- issued by the Secretary), except to the ex- fer such personnel, supplies, or resources to resent the Indian tribe and to assume the tent that such laws expressly apply to Indian the Indian tribe. tribes. ‘‘(f) REIMBURSEMENT TO INDIAN HEALTH status of a responsible Federal official under ‘‘SEC. 511. CIVIL ACTIONS. SERVICE.—With respect to functions trans- such laws; and ‘‘(a) CONTRACT DEFINED.—For the purposes ferred by the Indian Health Service to an In- ‘‘(2) accepting the jurisdiction of the Fed- of section 110, the term ‘contract’ shall indian tribe, the Indian Health Service shall eral court for the purpose of enforcement of clude compacts and funding agreements en- provide goods and services to the Indian the responsibilities of the responsible Fed- tribe, on a reimbursable basis, including pay- eral official under such environmental laws. tered into under this title. ‘‘(b) APPLICABILITY OF CERTAIN LAWS.—Sec- ment in advance with subsequent adjust- ‘‘(b) NEGOTIATIONS.—Construction project tion 2103 of the Revised Statutes (25 U.S.C. ment. The reimbursements received from proposals shall be negotiated pursuant to the 81) and section 16 of the Act of June 18, 1934 those goods and services, along with the statutory process in section 105(m) and re- (48 Stat. 987; chapter 576; 25 U.S.C. 476), shall funds received from the Indian tribe pursu- sulting construction project agreements not apply to attorney and other professional ant to this title, may be credited to the same shall be incorporated into funding agree- contracts entered into by Indian tribes par- or subsequent appropriation account which ments as addenda. ticipating in self-governance under this title. provided the funding, such amounts to re- ‘‘(c) CODES AND STANDARDS.—The Indian ‘‘(c) REFERENCES.—All references in this main available until expended. tribe and the Secretary shall agree upon and Act to section 1 of the Act of June 26, 1936 (49 ‘‘(g) PROMPT PAYMENT ACT.—Chapter 39 of specify appropriate building codes and archi- title 31, United States Code, shall apply to tectural and engineering standards (includ- Stat. 1967; chapter 831) are hereby deemed to the transfer of funds due under a compact or ing health and safety) which shall be in con- include the first section of the Act of July 3, funding agreement authorized under this formity with nationally recognized stand- 1952 (66 Stat. 323, chapter 549; 25 U.S.C. 82a). title. ards for comparable projects. ‘‘SEC. 512. FACILITATION. ‘‘(h) INTEREST OR OTHER INCOME ON TRANS- ‘‘(d) RESPONSIBILITY FOR COMPLETION.—The ‘‘(a) SECRETARIAL INTERPRETATION.—Ex- FERS.—An Indian tribe is entitled to retain Indian tribe shall assume responsibility for cept as otherwise provided by law, the Sec- interest earned on any funds paid under a the successful completion of the construc- retary shall interpret all Federal laws, Exec- compact or funding agreement to carry out tion project in accordance with the nego- utive orders and regulations in a manner governmental or health purposes and such tiated construction project agreement. that will facilitate— interest shall not diminish the amount of ‘‘(e) FUNDING.—Funding for construction ‘‘(1) the inclusion of programs, services, funds the Indian tribe is authorized to re- projects carried out under this title shall be functions, and activities (or portions thereof) ceive under its funding agreement in the included in funding agreements as annual ad- and funds associated therewith, in the agree- year the interest is earned or in any subse- vance payments, with semiannual payments ments entered into under this section; quent fiscal year. Funds transferred under at the option of the Indian tribe. Annual ad- ‘‘(2) the implementation of compacts and this title shall be managed using the prudent vance and semiannual payment amounts funding agreements entered into under this investment standard. shall be determined based on mutually title; and ‘‘(i) CARRYOVER OF FUNDS.—All funds paid agreeable project schedules reflecting work ‘‘(3) the achievement of tribal health goals to an Indian tribe in accordance with a com- to be accomplished within the advance pay- and objectives. pact or funding agreement shall remain ment period, work accomplished and funds ‘‘(b) REGULATION WAIVER.— available until expended. In the event that expended in previous payment periods, and ‘‘(1) IN GENERAL.—An Indian tribe may sub- an Indian tribe elects to carry over funding the total prior payments. The Secretary mit a written request to waive application of from 1 year to the next, such carryover shall shall include associated project contingency a regulation promulgated under section 517 not diminish the amount of funds the Indian funds with each advance payment install- or the authorities specified in section 505(b) tribe is authorized to receive under its fund- ment. The Indian tribe shall be responsible for a compact or funding agreement entered

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2128 CONGRESSIONAL RECORD — SENATE April 4, 2000 into with the Indian Health Service under participating in self-governance and any am- determine the individual tribal share of this title, to the Secretary identifying the biguity shall be resolved in favor of the In- funds controlled by all components of the In- applicable Federal regulation sought to be dian tribe. dian Health Service (including funds as- waived and the basis for the request. ‘‘SEC. 513. BUDGET REQUEST. sessed by any other Federal agency) for in- ‘‘(2) APPROVAL.—Not later than 90 days ‘‘(a) REQUIREMENT OF ANNUAL BUDGET RE- clusion in self-governance compacts or fund- after receipt by the Secretary of a written QUEST.— ing agreements; request by an Indian tribe to waive applica- ‘‘(1) IN GENERAL.—The President shall iden- ‘‘(4) before being submitted to Congress, be tion of a regulation for a compact or funding tify in the annual budget request submitted distributed to the Indian tribes for comment agreement entered into under this title, the to Congress under section 1105 of title 31, (with a comment period of no less than 30 Secretary shall either approve or deny the United States Code, all funds necessary to days, beginning on the date of distribution); requested waiver in writing. A denial may be fully fund all funding agreements authorized and made only upon a specific finding by the Sec- under this title, including funds specifically ‘‘(5) include the separate views and com- retary that identified language in the regula- identified to fund tribal base budgets. All ments of the Indian tribes or tribal organization may not be waived because such waiver funds so appropriated shall be apportioned to tions. is prohibited by Federal law. A failure to ap- the Indian Health Service. Such funds shall ‘‘(c) REPORT ON FUND DISTRIBUTION METH- prove or deny a waiver request not later than be provided to the Office of Tribal Self-Gov- OD.—Not later than 180 days after the date of 90 days after receipt shall be deemed an ap- ernance which shall be responsible for dis- enactment of the Tribal Self-Governance proval of such request. The Secretary’s deci- tribution of all funds provided under section Amendments of 1999, the Secretary shall, sion shall be final for the Department. 505. after consultation with Indian tribes, submit ‘‘(c) ACCESS TO FEDERAL PROPERTY.—In ‘‘(2) RULE OF CONSTRUCTION.—Nothing in a written report to the Committee on Re- connection with any compact or funding this subsection shall be construed to author- sources of the House of Representatives and agreement executed pursuant to this title or ize the Indian Health Service to reduce the the Committee on Indian Affairs of the Sen- an agreement negotiated under the Tribal amount of funds that a self-governance tribe ate that describes the method or methods Self-Governance Demonstration Project es- is otherwise entitled to receive under its used to determine the individual tribal share tablished under title III, as in effect before funding agreement or other applicable law, of funds controlled by all components of the the enactment of the Tribal Self-Governance whether or not such funds are apportioned to Indian Health Service (including funds as- Amendments of 1999, upon the request of an the Office of Tribal Self-Governance under sessed by any other Federal agency) for in- Indian tribe, the Secretary— this section. clusion in self-governance compacts or fund- ‘‘(1) shall permit an Indian tribe to use ex- ‘‘(b) PRESENT FUNDING; SHORTFALLS.—In ing agreements. such budget request, the President shall isting school buildings, hospitals, and other ‘‘SEC. 515. DISCLAIMERS. facilities and all equipment therein or apper- identify the level of need presently funded ‘‘(a) NO FUNDING REDUCTION.—Nothing in taining thereto and other personal property and any shortfall in funding (including direct this title shall be construed to limit or re- owned by the Government within the Sec- program and contract support costs) for each duce in any way the funding for any pro- retary’s jurisdiction under such terms and Indian tribe, either directly by the Secretary gram, project, or activity serving an Indian conditions as may be agreed upon by the of Health and Human Services, under self-de- tribe under this or other applicable Federal Secretary and the Indian tribe for their use termination contracts, or under compacts law. Any Indian tribe that alleges that a and maintenance; and funding agreements authorized under compact or funding agreement is in violation ‘‘(2) may donate to an Indian tribe title to this title. of this section may apply the provisions of any personal or real property found to be ex- ‘‘SEC. 514. REPORTS. section 110. cess to the needs of any agency of the De- ‘‘(a) ANNUAL REPORT.— ‘‘(b) FEDERAL TRUST AND TREATY RESPON- partment, or the General Services Adminis- ‘‘(1) IN GENERAL.—Not later than January 1 SIBILITIES.—Nothing in this Act shall be con- tration, except that— of each year after the date of enactment of strued to diminish in any way the trust re- ‘‘(A) subject to the provisions of subpara- the Tribal Self-Governance Amendments of sponsibility of the United States to Indian graph (B), title to property and equipment 1999, the Secretary shall submit to the Com- tribes and individual Indians that exists furnished by the Federal Government for use mittee on Indian Affairs of the Senate and under treaties, Executive orders, or other in the performance of the compact or fund- the Committee on Resources of the House of laws and court decisions. ing agreement or purchased with funds under Representatives a written report regarding the administration of this title. ‘‘(c) TRIBAL EMPLOYMENT.—For purposes of any compact or funding agreement shall, un- section 2(2) of the Act of July 5, 1935 (49 Stat. less otherwise requested by the Indian tribe, ‘‘(2) ANALYSIS.—The report under paragraph (1) shall include a detailed analysis of 450, chapter 372) (commonly known as the vest in the appropriate Indian tribe; ‘National Labor Relations Act’), an Indian ‘‘(B) if property described in subparagraph the level of need being presently funded or unfunded for each Indian tribe, either di- tribe carrying out a self-determination con- (A) has a value in excess of $5,000 at the time tract, compact, annual funding agreement, of retrocession, withdrawal, or reassump- rectly by the Secretary, under self-determination contracts under title I, or under grant, or cooperative agreement under this tion, at the option of the Secretary upon the Act shall not be considered an employer. retrocession, withdrawal, or reassumption, compacts and funding agreements authorized ‘‘(d) OBLIGATIONS OF THE UNITED STATES.— title to such property and equipment shall under this Act. In compiling reports pursuant to this section, the Secretary may not The Indian Health Service under this Act revert to the Department of Health and shall neither bill nor charge those Indians Human Services; and impose any reporting requirements on participating Indian tribes or tribal organiza- who may have the economic means to pay ‘‘(C) all property referred to in subpara- for services, nor require any Indian tribe to graph (A) shall remain eligible for replace- tions, not otherwise provided in this Act. ‘‘(b) CONTENTS.—The report under sub- do so. ment, maintenance, and improvement on the section (a) shall— same basis as if title to such property were ‘‘SEC. 516. APPLICATION OF OTHER SECTIONS OF ‘‘(1) be compiled from information con- THE ACT. vested in the United States; and tained in funding agreements, annual audit ‘‘(a) MANDATORY APPLICATION.—All provi- ‘‘(3) shall acquire excess or surplus Govern- reports, and data of the Secretary regarding sions of sections 5(b), 6, 7, 102 (c) and (d), 104, ment personal or real property for donation the disposition of Federal funds; and 105 (k) and (l), 106 (a) through (k), and 111 of to an Indian tribe if the Secretary deter- ‘‘(2) identify— this Act and section 314 of Public Law 101–512 mines the property is appropriate for use by ‘‘(A) the relative costs and benefits of self- (coverage under chapter 171 of title 28, the Indian tribe for any purpose for which a governance; United States Code, commonly known as the compact or funding agreement is authorized ‘‘(B) with particularity, all funds that are ‘Federal Tort Claims Act’), to the extent not under this title. specifically or functionally related to the in conflict with this title, shall apply to ‘‘(d) MATCHING OR COST-PARTICIPATION RE- provision by the Secretary of services and QUIREMENT.—All funds provided under com- compacts and funding agreements authorized pacts, funding agreements, or grants made benefits to self-governance Indian tribes and by this title. pursuant to this Act, shall be treated as non- their members; ‘‘(b) DISCRETIONARY APPLICATION.—At the Federal funds for purposes of meeting match- ‘‘(C) the funds transferred to each self-gov- request of a participating Indian tribe, any ing or cost participation requirements under ernance Indian tribe and the corresponding other provision of title I, to the extent such any other Federal or non-Federal program. reduction in the Federal bureaucracy; provision is not in conflict with this title, ‘‘(e) STATE FACILITATION.—States are here- ‘‘(D) the funding formula for individual shall be made a part of a funding agreement by authorized and encouraged to enact legis- tribal shares of all headquarters funds, to- or compact entered into under this title. The lation, and to enter into agreements with In- gether with the comments of affected Indian Secretary is obligated to include such provi- dian tribes to facilitate and supplement the tribes or tribal organizations, developed sion at the option of the participating Indian initiatives, programs, and policies author- under subsection (c); and tribe or tribes. If such provision is incor- ized by this title and other Federal laws ben- ‘‘(E) amounts expended in the preceding porated it shall have the same force and ef- efiting Indians and Indian tribes. fiscal year to carry out inherent Federal fect as if it were set out in full in this title. ‘‘(f) RULES OF CONSTRUCTION.—Each provi- functions, including an identification of In the event an Indian tribe requests such in- sion of this title and each provision of a com- those functions by type and location; corporation at the negotiation stage of a pact or funding agreement shall be liberally ‘‘(3) contain a description of the method or compact or funding agreement, such incorpo- construed for the benefit of the Indian tribe methods (or any revisions thereof) used to ration shall be deemed effective immediately

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2129 and shall control the negotiation and result- ‘‘TITLE VI—TRIBAL SELF-GOVERNANCE— ‘‘(B) the Indian tribes and the Secretary ing compact and funding agreement. DEPARTMENT OF HEALTH AND HUMAN jointly conduct the consultations required ‘‘SEC. 517. REGULATIONS. SERVICES by this section; and ‘‘(a) IN GENERAL.— ‘‘SEC. 601. DEFINITIONS. ‘‘(C) the consultation process allows for ‘‘(1) PROMULGATION.—Not later than 90 ‘‘(a) IN GENERAL.—In this title, the Sec- separate and direct recommendations from days after the date of enactment of the Trib- retary may apply the definitions contained the Indian tribes and other entities described al Self-Governance Amendments of 1999, the in title V. in subsection (b). Secretary shall initiate procedures under ‘‘(b) OTHER DEFINITIONS.—In this title: ‘‘(b) CONDUCTING STUDY.—In conducting subchapter III of chapter 5 of title 5, United ‘‘(1) AGENCY.—The term the term ‘agency’ the study under this title, the Secretary States Code, to negotiate and promulgate means any agency or other organizational shall consult with Indian tribes, States, such regulations as are necessary to carry unit of the Department of Health and Human counties, municipalities, program bene- out this title. Services, other than the Indian Health Serv- ficiaries, and interested public interest groups, and may consult with other entities ‘‘(2) PUBLICATION OF PROPOSED REGULA- ice. as appropriate. TIONS.—Proposed regulations to implement ‘‘(2) SECRETARY.—The term ‘Secretary’ this title shall be published in the Federal means the Secretary of Health and Human ‘‘SEC. 604. AUTHORIZATION OF APPROPRIATIONS. Register by the Secretary no later than 1 Services. ‘‘There are authorized to be appropriated year after the date of enactment of the Trib- ‘‘SEC. 602. DEMONSTRATION PROJECT FEASI- for fiscal years 2000 and 2001 such sums as al Self-Governance Amendments of 1999. BILITY. may be necessary to carry out this title. ‘‘(3) EXPIRATION OF AUTHORITY.—The au- ‘‘(a) STUDY.—The Secretary shall conduct a Such sums shall remain available until ex- thority to promulgate regulations under study to determine the feasibility of a tribal pended.’’. paragraph (1) shall expire 21 months after self-governance demonstration project for SEC. 6. AMENDMENTS CLARIFYING CIVIL PRO- the date of enactment of the Tribal Self-Gov- appropriate programs, services, functions, CEEDINGS. ernance Amendments of 1999. and activities (or portions thereof) of the Section 102(e)(1) of the Indian Self-Deter- ‘‘(b) COMMITTEE.— agency. mination and Education Assistance Act (25 ‘‘(1) IN GENERAL.—A negotiated rulemaking ‘‘(b) CONSIDERATIONS.—In conducting the U.S.C. 450f(e)(1)) is amended by inserting committee established pursuant to section study, the Secretary shall consider— after ‘‘subsection (b)(3)’’ the following: ‘‘or 565 of title 5, United States Code, to carry ‘‘(1) the probable effects on specific pro- any civil action conducted pursuant to sec- out this section shall have as its members grams and program beneficiaries of such a tion 110(a)’’. only Federal and tribal government rep- demonstration project; SEC. 7. SPEEDY ACQUISITION OF GOODS, SERV- resentatives, a majority of whom shall be ‘‘(2) statutory, regulatory, or other impedi- ICES, OR SUPPLIES. nominated by and be representatives of In- ments to implementation of such a dem- Section 105(k) of the Indian Self-Deter- dian tribes with funding agreements under onstration project; mination and Education Assistance Act (25 this Act. ‘‘(3) strategies for implementing such a U.S.C. 450j(k)) is amended— ‘‘(2) REQUIREMENTS.—The committee shall demonstration project; (1) by striking ‘‘deemed an executive agen- confer with, and accommodate participation ‘‘(4) probable costs or savings associated cy’’ and inserting ‘‘deemed an executive by, representatives of Indian tribes, inter- with such a demonstration project; agency and part of the Indian Health Serv- tribal consortia, tribal organizations, and in- ‘‘(5) methods to assure quality and ac- ice’’; and dividual tribal members. countability in such a demonstration (2) by adding at the end the following: ‘‘For ‘‘(c) ADAPTATION OF PROCEDURES.—The project; and purposes of carrying out such contract, Secretary shall adapt the negotiated rule- ‘‘(6) such other issues that may be deter- grant, or agreement, the Secretary shall, at making procedures to the unique context of mined by the Secretary or developed through the request of an Indian tribe, enter into an self-governance and the government-to-gov- consultation pursuant to section 603. agreement for the acquisition, on behalf of ernment relationship between the United ‘‘(c) REPORT.—Not later than 18 months the Indian tribe, of any goods, services, or States and Indian tribes. after the date of enactment of this title, the supplies available to the Secretary from the ‘‘(d) EFFECT.—The lack of promulgated Secretary shall submit a report to the Com- General Services Administration or other regulations shall not limit the effect of this mittee on Indian Affairs of the Senate and Federal agencies that are not directly avail- title. the Committee on Resources of the House of able to the Indian tribe under this section or under any other Federal law, including ac- ‘‘(e) EFFECT OF CIRCULARS, POLICIES, MANU- Representatives. The report shall contain— quisitions from prime vendors. All such ac- ALS, GUIDANCES, AND RULES.—Unless ex- ‘‘(1) the results of the study under this sec- pressly agreed to by the participating Indian tion; quisitions shall be undertaken through the tribe in the compact or funding agreement, ‘‘(2) a list of programs, services, functions, most efficient and speedy means practicable, the participating Indian tribe shall not be and activities (or portions thereof) within including electronic ordering arrange- subject to any agency circular, policy, man- each agency with respect to which it would ments.’’. ual, guidance, or rule adopted by the Indian be feasible to include in a tribal self-govern- SEC. 8. PATIENT RECORDS. Health Service, except for the eligibility pro- ance demonstration project; Section 105 of the Indian Self-Determina- visions of section 105(g) and regulations pro- ‘‘(3) a list of programs, services, functions, tion and Education Assistance Act (25 U.S.C. mulgated under section 517. and activities (or portions thereof) included 450j) is amended by adding at the end the fol- in the list provided pursuant to paragraph (2) lowing: ‘‘SEC. 518. APPEALS. that could be included in a tribal self-gov- ‘‘(o) PATIENT RECORDS.— ‘‘In any appeal (including civil actions) in- ernance demonstration project without ‘‘(1) IN GENERAL.—At the option of an In- volving decisions made by the Secretary amending statutes, or waiving regulations dian tribe or tribal organization, patient under this title, the Secretary shall have the that the Secretary may not waive; records may be deemed to be Federal records burden of proof of demonstrating by clear ‘‘(4) a list of legislative actions required in under those provisions of title 44, United and convincing evidence— order to include those programs, services, States Code, that are commonly referred to ‘‘(1) the validity of the grounds for the de- functions, and activities (or portions thereof) as the ‘Federal Records Act of 1950’ for the cision made; and included in the list provided pursuant to limited purposes of making such records eli- ‘‘(2) that the decision is fully consistent paragraph (2) but not included in the list gible for storage by Federal Records Centers with provisions and policies of this title. provided pursuant to paragraph (3) in a trib- to the same extent and in the same manner ‘‘SEC. 519. AUTHORIZATION OF APPROPRIATIONS. al self-governance demonstration project; as other Department of Health and Human ‘‘(a) IN GENERAL.—There are authorized to and Services patient records. be appropriated such sums as may be nec- ‘‘(5) any separate views of tribes and other ‘‘(2) TREATMENT OF RECORDS.—Patient essary to carry out this title. entities consulted pursuant to section 603 re- records that are deemed to be Federal ‘‘(b) AVAILABILITY OF APPROPRIATIONS.— lated to the information provided pursuant records under those provisions of title 44, Notwithstanding any other provision of this to paragraphs (1) through (4). United States Code, that are commonly re- Act, the provision of funds under this Act ‘‘SEC. 603. CONSULTATION. ferred to as the ‘Federal Records Act of 1950’ shall be subject to the availability of appro- ‘‘(a) STUDY PROTOCOL.— pursuant to this subsection shall not be con- priations and the Secretary is not required ‘‘(1) CONSULTATION WITH INDIAN TRIBES.— sidered Federal records for the purposes of to reduce funding for programs, projects, or The Secretary shall consult with Indian chapter 5 of title 5, United States Code.’’. activities serving a tribe in order to make tribes to determine a protocol for consulta- SEC. 9. ANNUAL REPORTS. funds available to another tribe or tribal or- tion under subsection (b) prior to consulta- Section 106 of the Indian Self-Determina- ganization under this Act.’’. tion under such subsection with the other tion and Education Assistance Act (25 U.S.C. SEC. 5. TRIBAL SELF-GOVERNANCE DEPART- entities described in such subsection. 450j-1) is amended— MENT. ‘‘(2) REQUIREMENTS FOR PROTOCOL.—The (1) by redesignating subsections (c) The Indian Self-Determination and Edu- protocol shall require, at a minimum, that— through (n) as subsections (d) through (o), cation Assistance Act (25 U.S.C. 450 et seq.) ‘‘(A) the government-to-government rela- respectively; and is amended by adding at the end the fol- tionship with Indian tribes forms the basis (2) by inserting after subsection (b), the lowing: for the consultation process; following:

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‘‘(c) ANNUAL REPORTS.—Not later than May tion, or delegation of authority, or any docu- (B) Subsections (b) and (e) of section 518 of 15 of each year, the Secretary shall prepare ment of or relating to the Director of the In- the Federal Water Pollution Control Act (33 and submit to Congress an annual report on dian Health Service shall be deemed to refer U.S.C. 1377 (b) and (e)). the implementation of this Act. Such report to the Assistant Secretary for Indian Health. (C) Section 803B(d)(1) of the Native Amer- shall include— (d) RATE OF PAY.— ican Programs Act of 1974 (42 U.S.C. 2991b– ‘‘(1) an accounting of the total amounts of (1) POSITIONS AT LEVEL IV.—Section 5315 of 2(d)(1)). funds provided for each program and the title 5, United States Code, is amended— SEC. 13. APPLICATION TO ALASKA. budget activity for direct program costs and (A) by striking the following: (a) Notwithstanding any other provision of contract support costs of tribal organiza- ‘‘Assistant Secretaries of Health and law, nothing in this Act, the amendments tions under self-determination; Human Services (6).’’; and made thereby, nor its implementation, shall ‘‘(2) an accounting of any deficiency in (B) by inserting the following: affect funds needed to provide required contract ‘‘Assistant Secretaries of Health and (1) the right of the Consortium or support costs to all contractors for the fiscal Human Services (7).’’. Southcentral Foundation to carry out the year for which the report is being submitted; (2) POSITIONS AT LEVEL V.—Section 5316 of programs, functions, services and activities ‘‘(3) the indirect cost rate and type of rate title 5, United States Code, is amended by as specified in section 325 of Public Law 105– for each tribal organization that has been striking the following: 83 (111 Stat. 55–56), or negotiated with the appropriate Secretary; ‘‘Director, Indian Health Service, Depart- (2) the prohibitions in section 351 of section ‘‘(4) the direct cost base and type of base ment of Health and Human Services.’’. 101(e) of Division A, Public Law 105–277. from which the indirect cost rate is deter- (b) Section 351 of section 101(e) of Division mined for each tribal organization; (e) DUTIES OF ASSISTANT SECRETARY FOR A, Public Law 105–277 and section 326 of Pub- ‘‘(5) the indirect cost pool amounts and the INDIAN HEALTH.—Section 601(a) of the Indian lic Law 105–83 (111 Stat. 57) are amended by types of costs included in the indirect cost Health Care Improvement Act (25 U.S.C. inserting ‘‘as amended’’ after the phrase pool; and 1661(a)) is amended— ‘‘Public Law 93–638 (25 U.S.C. 450 et seq.)’’ ‘‘(6) an accounting of any deficiency in (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; where such phrase appears in each section. (2) in the second sentence of paragraph (1), funds needed to maintain the preexisting f level of services to any Indian tribes affected as so designated, by striking ‘‘a Director,’’ by contracting activities under this Act, and and inserting ‘‘the Assistant Secretary for NOTICES OF HEARINGS Indian Health,’’; and a statement of the amount of funds needed COMMITTEE ON INDIAN AFFAIRS for transitional purposes to enable contrac- (3) by striking the third sentence of paragraph (1) and all that follows through the Mr. CAMPBELL. Mr. President, I tors to convert from a Federal fiscal year ac- would like to announce that the Com- counting cycle, as authorized by section end of the subsection and inserting the fol- 105(d).’’. lowing: ‘‘The Assistant Secretary for Indian mittee on Indian Affairs will meet dur- Health shall carry out the duties specified in SEC. 10. REPEAL. ing the session of the Senate on paragraph (2). (a) IN GENERAL.—Title III of the Indian Wednesday, April 5, 2000, at 9:30 a.m. to Self-Determination and Education Assist- ‘‘(2) The Assistant Secretary for Indian markup the nomination of Thomas N. ance Act (25 U.S.C. 450f note) is repealed. Health shall— Slonaker, to be Special Trustee for (b) EFFECTIVE DATE.—This section shall ‘‘(A) report directly to the Secretary con- American Indians within the Depart- take effect on October 1, 1999. cerning all policy- and budget-related mat- ment of the Interior, and to conduct a ters affecting Indian health; SEC. 11. SAVINGS PROVISION. hearing on S. 612, ‘‘the Indian Needs Funds appropriated for title III of the In- ‘‘(B) collaborate with the Assistant Sec- dian Self-Determination and Education As- retary for Health concerning appropriate Assessment and Program Evaluation sistance Act (25 U.S.C. 450f note) shall be matters of Indian health that affect the Act of 1999.’’ The hearing will be held available for use under title V of such Act. agencies of the Public Health Service; in the committee room, 485 Russell SEC. 12. OFFICE OF ASSISTANT SECRETARY FOR ‘‘(C) advise each Assistant Secretary of the Senate Building. INDIAN HEALTH. Department of Health and Human Services Those wishing additional information (a) ESTABLISHMENT.—There is established concerning matters of Indian health with re- may contact Committee staff at 202/ within the Department of Health and Human spect to which that Assistant Secretary has 224–2251. Services the Office of the Assistant Sec- authority and responsibility; COMMITTEE ON COMMERCE, SCIENCE, AND retary for Indian Health in order to, in a ‘‘(D) advise the heads of other agencies and TRANSPORTATION manner consistent with the government-to- programs of the Department of Health and government relationship between the United Human Services concerning matters of In- Mr. MCCAIN. Mr. President, I would States and Indian tribes— dian health with respect to which those like to announce that the Committee (1) facilitate advocacy for the development heads have authority and responsibility; and on Commerce, Science, and Transpor- of appropriate Indian health policy; and ‘‘(E) coordinate the activities of the De- tation will meet for an executive ses- (2) promote consultation on matters re- partment of Health and Human Services con- sion on Thursday, April 13, 2000, at 9:30 lated to Indian health. cerning matters of Indian health.’’. (b) ASSISTANT SECRETARY FOR INDIAN a.m., in room 253 of the Russell Senate (f) CONTINUED SERVICE BY INCUMBENT.—The HEALTH.—In addition to the functions per- Office Building. individual serving in the position of Director formed on the date of enactment of this Act f by the Director of the Indian Health Service, of the Indian Health Service on the date pre- the Assistant Secretary for Indian Health ceding the date of enactment of this Act may AUTHORITY FOR COMMITTEES TO shall perform such functions as the Sec- serve as Assistant Secretary for Indian MEET retary of Health and Human Services (re- Health, at the pleasure of the President after the date of enactment of this Act. COMMITTEE ON ARMED SERVICES ferred to in this section as the ‘‘Secretary’’) Mr. DOMENICI. Mr. President, I ask may designate. The Assistant Secretary for (g) CONFORMING AMENDMENTS.— Indian Health shall— (1) AMENDMENTS TO INDIAN HEALTH CARE IM- unanimous consent that the Com- (1) report directly to the Secretary con- PROVEMENT ACT.—The Indian Health Care mittee on Armed Services be author- cerning all policy- and budget-related mat- Improvement Act (25 U.S.C. 1601 et seq.) is ized to meet during the session of the ters affecting Indian health; amended— Senate on Tuesday, April 4, 2000 at 9:30 (2) collaborate with the Assistant Sec- (A) in section 601— a.m., in open session to receive testi- retary for Health concerning appropriate (i) in subsection (c), by striking ‘‘Director mony on U.S. support for counter-nar- matters of Indian health that affect the of the Indian Health Service’’ both places it cotics activities in the Andean Ridge agencies of the Public Health Service; appears and inserting ‘‘Assistant Secretary for Indian Health’’; and and neighboring countries. (3) advise each Assistant Secretary of the The PRESIDING OFFICER. Without Department of Health and Human Services (ii) in subsection (d), by striking ‘‘Director concerning matters of Indian health with re- of the Indian Health Service’’ and inserting objection, it is so ordered. spect to which that Assistant Secretary has ‘‘Assistant Secretary for Indian Health’’; and COMMITTEE ON COMMERCE, SCIENCE, AND authority and responsibility; (B) in section 816(c)(1), by striking ‘‘Direc- TRANSPORTATION (4) advise the heads of other agencies and tor of the Indian Health Service’’ and insert- Mr. DOMENICI. Mr. President, I ask programs of the Department of Health and ing ‘‘Assistant Secretary for Indian Health’’. unanimous consent that the Senate Human Services concerning matters of In- (2) AMENDMENTS TO OTHER PROVISIONS OF Committee on Commerce, Science, and dian health with respect to which those LAW.—The following provisions are each Transportation, be authorized to meet amended by striking ‘‘Director of the Indian heads have authority and responsibility; and during the session of the Senate on (5) coordinate the activities of the Depart- Health Service’’ each place it appears and in- ment of Health and Human Services con- serting ‘‘Assistant Secretary for Indian Tuesday, April 4, 2000, at 2:30 p.m. on cerning matters of Indian health. Health’’: export administration reauthorization. (c) REFERENCES.—Reference in any other (A) Section 203(a)(1) of the Rehabilitation The PRESIDING OFFICER. Without Federal law, Executive order, rule, regula- Act of 1973 (29 U.S.C. 761b(a)(1)). objection, it is so ordered.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2131 COMMITTEE ON FOREIGN RELATIONS APPOINTMENTS (5) although the Federal Government has Mr. DOMENICI. Mr. President, I ask made considerable strides in improving Indian The PRESIDING OFFICER. The health care, it has failed to fully meet its trust unanimous consent that the Com- Chair, on behalf of the majority leader, mittee on Foreign Relations be author- responsibilities and to satisfy its obligations to pursuant to Public Law 96–114, as the Indian tribes under treaties and other laws; ized to meet during the session of the amended, announces the appointment and Senate on Tuesday, April 4, 2000, at of the following individuals to the Con- (6) Congress has reviewed the results of the 10:30 a.m. and 2:00 p.m. to hold two gressional Award Board: Elaine L. Tribal Self-Governance Demonstration Project hearings. Chao, of Kentucky, and Linda Mitchell, and finds that transferring full control and The PRESIDING OFFICER. Without of Mississippi. funding to tribal governments, upon tribal request, over decision making for Federal pro- objection, it is so ordered. The Chair, on behalf of the majority SELECT COMMITTEE ON INTELLIGENCE grams, services, functions, and activities (or por- leader, after consultation with the tions thereof)— Mr. DOMENICI. Mr. President, I ask Democratic Leader, pursuant to Public (A) is an appropriate and effective means of unanimous consent that the Select Law 93–415, as amended by Public Law implementing the Federal policy of government- Committee on Intelligence be author- 102–586, announces the reappointment to-government relations with Indian tribes; and ized to meet during the session of the of the following individuals to serve as (B) strengthens the Federal policy of Indian Senate on Tuesday, April 4, 2000 at 3:30 members of the Coordinating Council self-determination. p.m. to hold a closed hearing on intel- on Juvenile Justice and Delinquency SEC. 3. DECLARATION OF POLICY. ligence matters. It is the policy of Congress— Prevention: Michael W. McPhail, of (1) to permanently establish and implement The PRESIDING OFFICER. Without Mississippi, to a one-year term; Dr. objection, it is so ordered. tribal self-governance within the Department of Larry K. Brendtro, of South Dakota, to Health and Human Services; SUBCOMMITTEE ON EMERGING THREATS AND a two-year term; and Charles Sims, of (2) to call for full cooperation from the De- CAPABILITIES Mississippi, to a three-year term. partment of Health and Human Services and its Mr. DOMENICI. Mr. President, I ask The Chair, on behalf of the Vice constituent agencies in the implementation of unanimous consent that the Sub- President, pursuant to the provisions tribal self-governance— committee on Emerging Threats and of S. Con. Res. 89 (106th Congress), ap- (A) to enable the United States to maintain Capabilities of the Committee on and improve its unique and continuing relation- points the following Senators to the ship with, and responsibility to, Indian tribes; Armed Services be authorized to meet Joint Congressional Committee on In- during the session of the Senate on (B) to permit each Indian tribe to choose the augural Ceremonies: the Senator from extent of its participation in self-governance in Tuesday, April 4, 2000 at 2:30 p.m., in Mississippi (Mr. LOTT), the Senator accordance with the provisions of the Indian open session to receive testimony on from Kentucky (Mr. MCCONNELL), and Self-Determination and Education Assistance joint requirements, capabilities, and the Senator from Connecticut (Mr. Act relating to the provision of Federal services to Indian tribes; experimentation in review of the de- DODD). fense authorization request for fiscal (C) to ensure the continuation of the trust re- f year 2001 and the future years defense sponsibility of the United States to Indian tribes program. TRIBAL SELF-GOVERNANCE and Indian individuals; AMENDMENTS OF 1999 (D) to affirm and enable the United States to The PRESIDING OFFICER. Without fulfill its obligations to the Indian tribes under objection, it is so ordered. Mr. KYL. Mr. President, I ask unani- treaties and other laws; f mous consent that the Senate proceed (E) to strengthen the government-to-government relationship between the United States PRIVILEGES OF THE FLOOR to the consideration of Calendar No. 412, S. 979. and Indian tribes through direct and meaning- Mr. DOMENICI. I ask unanimous The PRESIDING OFFICER. The ful consultation with all tribes; (F) to permit an orderly transition from Fed- consent that the staff of the Senate clerk will report the bill by title. Budget Committee, including fellows eral domination of programs and services to pro- The assistant legislative clerk read vide Indian tribes with meaningful authority, and detailees included on the list I send as follows: to the desk, be permitted to remain on control, funding, and discretion to plan, con- A bill (S. 979) to amend the Indian Self-De- duct, redesign, and administer programs, serv- the Senate floor during consideration termination and Education Assistance Act ices, functions, and activities (or portions thereof S. Con. Res. 101 and that the list be to provide for further self-governance by In- of) that meet the needs of the individual tribal printed in the RECORD. The list indian tribes, and for other purposes. communities; cludes majority and minority staff. There being no objection, the Senate (G) to provide for a measurable parallel reduc- There being no objection, the list was tion in the Federal bureaucracy as programs, proceeded to consider the bill, which services, functions, and activities (or portion ordered to be printed in the RECORD, as had been reported from the Committee follows: thereof) are assumed by Indian tribes; on Indian Affairs with an amendment (H) to encourage the Secretary to identify all MAJORITY STAFF to strike all after the enacting clause programs, services, functions, and activities (or Dan Brandt, Amy Call, Jim Capretta, Allen and insert in lieu thereof the following: portions thereof) of the Department of Health Cutler, Beth Felder, Rachel Forward, Alice SECTION 1. SHORT TITLE. and Human Services that may be managed by Grant, Richard Greenough, Jim Hearn, Bill an Indian tribe under this Act and to assist In- Hoagland, Carole McGuire, Mieko This Act may be cited as the ‘‘Tribal Self-Gov- ernance Amendments of 1999’’. dian tribes in assuming responsibility for such Nakabayashi, Kelly Neville, Maureen programs, services, functions, and activities (or O’Neill, Cheri Reidy, Andrew Siracuse, Amy SEC. 2. FINDINGS. portions thereof); and Smith, Bob Stevenson, Margaret Stewart, Congress finds that— (I) to provide Indian tribes with the earliest Cheryle Tucker, Winslow Wheeler, Jennifer (1) the tribal right of self-government flows opportunity to administer programs, services, Winkler, Sandra Wiseman, Gary Ziehe. from the inherent sovereignty of Indian tribes functions, and activities (or portions thereof) and nations; MINORITY STAFF from throughout the Department of Health and (2) the United States recognizes a special gov- Human Services. Nisha Antony, Claudia Arko, Gabby ernment-to-government relationship with Indian SEC. 4. TRIBAL SELF-GOVERNANCE. Batkin, Frederic Baron, Steven Benson, tribes, including the right of the Indian tribes to The Indian Self-Determination and Education Maggie Bierwirth, Patrick Bogenberger, self-governance, as reflected in the Constitution, Assistance Act (25 U.S.C. 450 et seq.) is amended Rock Cheung, Jim Exquea, Bruce King, Lisa treaties, Federal statutes, and the course of by adding at the end the following: Konwinski, Martin Morris, Sue Nelson, dealings of the United States with Indian tribes; Barry Strumpf, Mitch Warren. (3) although progress has been made, the Fed- ‘‘TITLE V—TRIBAL SELF-GOVERNANCE ADMINISTRATIVE STAFF eral bureaucracy, with its centralized rules and ‘‘SEC. 501. DEFINITIONS. Alex Green, Sahand Sarshar, Lamar Sta- regulations, has eroded tribal self-governance ‘‘(a) IN GENERAL.—In this title: ples, Lynne Seymour, George Woodall. and dominates tribal affairs; ‘‘(1) CONSTRUCTION PROJECT.—The term ‘con- Mr. DOMENICI. Mr. President, I ask (4) the Tribal Self-Governance Demonstration struction project’— unanimous consent that Sue Nelson Project, established under title III of the Indian ‘‘(A) means an organized noncontinuous un- Self-Determination and Education Assistance dertaking to complete a specific set of predeter- and Mitch Warren be granted full ac- Act (25 U.S.C. 450f note) was designed to im- mined objectives for the planning, environ- cess to the floor, and also Jim Hearn prove and perpetuate the government-to-governmental determination, design, construction, re- and Jim Capretta. ment relationship between Indian tribes and the pair, improvement, or expansion of buildings or The PRESIDING OFFICER. Without United States and to strengthen tribal control facilities, as described in a construction project objection, it is so ordered. over Federal funding and program management; agreement; and

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‘‘(B) does not include construction program dian tribes that meet the eligibility criteria spec- ‘‘(c) EXISTING COMPACTS.—An Indian tribe administration and activities described in para- ified in subsection (c) shall be entitled to partici- participating in the Tribal Self-Governance graphs (1) through (3) of section 4(m), that may pate in self-governance. Demonstration Project under title III on the otherwise be included in a funding agreement ‘‘(2) TREATMENT OF CERTAIN INDIAN TRIBES.— date of enactment of this title shall have the op- under this title. ‘‘(A) IN GENERAL.—An Indian tribe that has tion at any time after the date of enactment of ‘‘(2) CONSTRUCTION PROJECT AGREEMENT.— withdrawn from participation in an inter-tribal this title to— The term ‘construction project agreement’ means consortium or tribal organization, in whole or in ‘‘(1) retain the Tribal Self-Governance Dem- a negotiated agreement between the Secretary part, shall be entitled to participate in self-gov- onstration Project compact of that Indian tribe and an Indian tribe, that at a minimum— ernance provided the Indian tribe meets the eli- (in whole or in part) to the extent that the pro- ‘‘(A) establishes project phase start and com- gibility criteria specified in subsection (c). visions of that funding agreement are not di- pletion dates; ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian rectly contrary to any express provision of this ‘‘(B) defines a specific scope of work and tribe has withdrawn from participation in an title; or standards by which it will be accomplished; inter-tribal consortium or tribal organization, ‘‘(2) instead of retaining a compact or portion ‘‘(C) identifies the responsibilities of the In- that Indian tribe shall be entitled to its tribal thereof under paragraph (1), negotiate a new dian tribe and the Secretary; share of funds supporting those programs, serv- compact in a manner consistent with the re- ‘‘(D) addresses environmental considerations; ices, functions, and activities (or portions there- quirements of this title. ‘‘(E) identifies the owner and operations and of) that the Indian tribe will be carrying out ‘‘(d) TERM AND EFFECTIVE DATE.—The effec- maintenance entity of the proposed work; under the compact and funding agreement of tive date of a compact shall be the date of the ‘‘(F) provides a budget; the Indian tribe. approval and execution by the Indian tribe or ‘‘(G) provides a payment process; and ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.—In another date agreed upon by the parties, and ‘‘(H) establishes the duration of the agreement no event shall the withdrawal of an Indian tribe shall remain in effect for so long as permitted by based on the time necessary to complete the from an inter-tribal consortium or tribal organi- Federal law or until terminated by mutual writ- specified scope of work, which may be 1 or more zation affect the eligibility of the inter-tribal ten agreement, retrocession, or reassumption. years. consortium or tribal organization to participate ‘‘SEC. 505. FUNDING AGREEMENTS. ROSS MISMANAGEMENT in self-governance. ‘‘(3) G .—The term ‘gross ‘‘(a) FUNDING AGREEMENT REQUIRED.—The ‘‘(c) APPLICANT POOL.— mismanagement’ means a significant, clear, and Secretary shall negotiate and enter into a writ- ‘‘(1) IN GENERAL.—The qualified applicant convincing violation of a compact, funding ten funding agreement with each Indian tribe pool for self-governance shall consist of each In- agreement, or regulatory, or statutory require- participating in self-governance in a manner dian tribe that— ments applicable to Federal funds transferred to consistent with the Federal Government’s trust an Indian tribe by a compact or funding agree- ‘‘(A) successfully completes the planning phase described in subsection (d); responsibility, treaty obligations, and the gov- ment that results in a significant reduction of ernment-to-government relationship between In- funds available for the programs, services, func- ‘‘(B) has requested participation in self-governance by resolution or other official action by dian tribes and the United States. tions, or activities (or portions thereof) assumed ‘‘(b) CONTENTS.— by an Indian tribe. the governing body of each Indian tribe to be served; and ‘‘(1) IN GENERAL.—Each funding agreement ‘‘(4) INHERENT FEDERAL FUNCTIONS.—The term required under subsection (a) shall, as deter- ‘inherent Federal functions’ means those Fed- ‘‘(C) has demonstrated, for 3 fiscal years, financial stability and financial management ca- mined by the Indian tribe, authorize the Indian eral functions which cannot legally be delegated tribe to plan, conduct, consolidate, administer, to Indian tribes. pability. ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL and receive full tribal share funding, including ‘‘(5) INTER-TRIBAL CONSORTIUM.—The term tribal shares of discretionary Indian Health ‘inter-tribal consortium’ means a coalition of 2 STABILITY AND FINANCIAL MANAGEMENT CAPAC- ITY.—For purposes of this subsection, evidence Service competitive grants (excluding congres- or more separate Indian tribes that join together sionally earmarked competitive grants), for all for the purpose of participating in self-govern- that, during the 3-year period referred to in paragraph (1)(C), an Indian tribe had no uncor- programs, services, functions, and activities (or ance, including tribal organizations. portions thereof), that are carried out for the ‘‘(6) SECRETARY.—The term ‘Secretary’ means rected significant and material audit exceptions in the required annual audit of the Indian benefit of Indians because of their status as In- the Secretary of Health and Human Services. dians without regard to the agency or office of ‘‘(7) SELF-GOVERNANCE.—The term ‘self-gov- tribe’s self-determination contracts or self-governance funding agreements with any Federal the Indian Health Service (or of such other ernance’ means the program of self-governance agency) within which the program, service, established under section 502. agency shall be conclusive evidence of the required stability and capability. function, or activity (or portion thereof) is per- ‘‘(8) TRIBAL SHARE.—The term ‘tribal share’ formed. means an Indian tribe’s portion of all funds and ‘‘(d) PLANNING PHASE.—Each Indian tribe seeking participation in self-governance shall ‘‘(2) INCLUSION OF CERTAIN PROGRAMS, SERV- resources that support secretarial programs, ICES, FUNCTIONS, AND ACTIVITIES.—Such pro- services, functions, and activities (or portions complete a planning phase. The planning phase shall be conducted to the satisfaction of the In- grams, services, functions, or activities (or por- thereof) that are not required by the Secretary tions thereof) include all programs, services, for performance of inherent Federal functions. dian tribe and shall include— ‘‘(1) legal and budgetary research; and functions, activities (or portions thereof), in- ‘‘(b) INDIAN TRIBE.—In any case in which an ‘‘(2) internal tribal government planning and cluding grants (which may be added to a fund- Indian tribe has authorized another Indian organizational preparation relating to the ad- ing agreement after an award of such grants), tribe, an inter-tribal consortium, or a tribal or- ministration of health care programs. with respect to which Indian tribes or Indians ganization to plan for or carry out programs, ‘‘(e) GRANTS.—Subject to the availability of are primary or significant beneficiaries, admin- services, functions, or activities (or portions appropriations, any Indian tribe meeting the re- istered by the Department of Health and Human thereof) on its behalf under this title, the au- quirements of paragraph (1) (B) and (C) of sub- Services through the Indian Health Service and thorized Indian tribe, inter-tribal consortium, or section (c) shall be eligible for grants— all local, field, service unit, area, regional, and tribal organization shall have the rights and re- ‘‘(1) to plan for participation in self-govern- central headquarters or national office func- sponsibilities of the authorizing Indian tribe (ex- ance; and tions administered under the authority of— cept as otherwise provided in the authorizing ‘‘(2) to negotiate the terms of participation by ‘‘(A) the Act of November 2, 1921 (42 Stat. 208, resolution or in this title). In such event, the the Indian tribe or tribal organization in self- chapter 115; 25 U.S.C. 13); term ‘Indian tribe’ as used in this title shall in- governance, as set forth in a compact and a ‘‘(B) the Act of April 16, 1934 (48 Stat. 596, clude such other authorized Indian tribe, inter- funding agreement. chapter 147; 25 U.S.C. 452 et seq.); tribal consortium, or tribal organization. ‘‘(f) RECEIPT OF GRANT NOT REQUIRED.—Re- ‘‘(C) the Act of August 5, 1954 (68 Stat. 674, ‘‘SEC. 502. ESTABLISHMENT. ceipt of a grant under subsection (e) shall not be chapter 658); ‘‘The Secretary shall establish and carry out a requirement of participation in self-govern- ‘‘(D) the Indian Health Care Improvement Act a program within the Indian Health Service of ance. (25 U.S.C. 1601 et seq.); the Department of Health and Human Services ‘‘SEC. 504. COMPACTS. ‘‘(E) the Indian Alcohol and Substance Abuse to be known as the ‘Tribal Self-Governance Pro- ‘‘(a) COMPACT REQUIRED.—The Secretary Prevention and Treatment Act of 1986 (25 U.S.C. gram’ in accordance with this title. shall negotiate and enter into a written compact 2401 et seq.); ‘‘SEC. 503. SELECTION OF PARTICIPATING INDIAN with each Indian tribe participating in self-gov- ‘‘(F) any other Act of Congress authorizing TRIBES. ernance in a manner consistent with the Federal any agency of the Department of Health and ‘‘(a) CONTINUING PARTICIPATION.—Each In- Government’s trust responsibility, treaty obliga- Human Services to administer, carry out, or pro- dian tribe that is participating in the Tribal tions, and the government-to-government rela- vide financial assistance to such a program, Self-Governance Demonstration Project under tionship between Indian tribes and the United service, function or activity (or portions thereof) title III on the date of enactment of this title States. described in this section that is carried out for may elect to participate in self-governance ‘‘(b) CONTENTS.—Each compact required the benefit of Indians because of their status as under this title under existing authority as re- under subsection (a) shall set forth the general Indians; or flected in tribal resolution. terms of the government-to-government relation- ‘‘(G) any other Act of Congress authorizing ‘‘(b) ADDITIONAL PARTICIPANTS.— ship between the Indian tribe and the Secretary, such a program, service, function, or activity (or ‘‘(1) IN GENERAL.—In addition to those Indian including such terms as the parties intend shall portions thereof) carried out for the benefit of tribes participating in self-governance under control year after year. Such compacts may only Indians under which appropriations are made subsection (a), each year an additional 50 In- be amended by mutual agreement of the parties. available to any agency other than an agency

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Any claim by the Federal Government of funds supporting those programs, services, AGREEMENT.—It shall not be a requirement that against the Indian tribe relating to funds re- functions, or activities (or portions thereof) that an Indian tribe or Indians be identified in the ceived under a funding agreement based on any the Indian tribe will be carrying out under its authorizing statute for a program or element of audit under this subsection shall be subject to own self-determination contract or compact and a program to be eligible for inclusion in a com- the provisions of section 106(f). funding agreement (calculated on the same basis pact or funding agreement under this title. ‘‘(d) RECORDS.— as the funds were initially allocated in the ‘‘(d) FUNDING AGREEMENT TERMS.—Each ‘‘(1) IN GENERAL.—Unless an Indian tribe funding agreement of the inter-tribal consortium funding agreement under this title shall set specifies otherwise in the compact or funding or tribal organization); and forth— agreement, records of the Indian tribe shall not ‘‘(B) the funds referred to in subparagraph ‘‘(1) terms that generally identify the pro- be considered Federal records for purposes of (A) shall be transferred from the funding agree- grams, services, functions, and activities (or por- chapter 5 of title 5, United States Code. ment of the inter-tribal consortium or tribal or- tions thereof) to be performed or administered; ‘‘(2) RECORDKEEPING SYSTEM.—The Indian ganization, on the condition that the provisions and tribe shall maintain a recordkeeping system, of sections 102 and 105(i), as appropriate, shall ‘‘(2) for the items identified in paragraph (1)— and, after 30 days advance notice, provide the apply to that withdrawing Indian tribe. ‘‘(A) the general budget category assigned; Secretary with reasonable access to such records ‘‘(3) REGAINING MATURE CONTRACT STATUS.—If ‘‘(B) the funds to be provided, including those to enable the Department of Health and Human an Indian tribe elects to operate all or some pro- funds to be provided on a recurring basis; Services to meet its minimum legal recordkeeping grams, services, functions, or activities (or por- ‘‘(C) the time and method of transfer of the system requirements under sections 3101 through tions thereof) carried out under a compact or funds; 3106 of title 44, United States Code. funding agreement under this title through a ‘‘(D) the responsibilities of the Secretary; and ‘‘(e) REDESIGN AND CONSOLIDATION.—An In- self-determination contract under title I, at the ‘‘(E) any other provision with respect to dian tribe may redesign or consolidate programs, option of the Indian tribe, the resulting self-de- which the Indian tribe and the Secretary agree. services, functions, and activities (or portions termination contract shall be a mature self-de- ‘‘(e) SUBSEQUENT FUNDING AGREEMENTS.—Ab- thereof) included in a funding agreement under termination contract. sent notification from an Indian tribe that is section 305 and reallocate or redirect funds for ‘‘(h) NONDUPLICATION.—For the period for withdrawing or retroceding the operation of 1 or such programs, services, functions, and activi- which, and to the extent to which, funding is more programs, services, functions, or activities ties (or portions thereof) in any manner which provided under this title or under the compact (or portions thereof) identified in a funding the Indian tribe deems to be in the best interest or funding agreement, the Indian tribe shall not agreement, or unless otherwise agreed to by the of the health and welfare of the Indian commu- be entitled to contract with the Secretary for parties, each funding agreement shall remain in nity being served, only if the redesign or con- such funds under section 102, except that such full force and effect until a subsequent funding solidation does not have the effect of denying Indian tribe shall be eligible for new programs agreement is executed, and the terms of the sub- eligibility for services to population groups oth- on the same basis as other Indian tribes. sequent funding agreement shall be retroactive erwise eligible to be served under applicable ‘‘SEC. 507. PROVISIONS RELATING TO THE SEC- to the end of the term of the preceding funding Federal law. RETARY. agreement. ‘‘(f) RETROCESSION.—An Indian tribe may ‘‘(a) MANDATORY PROVISIONS.— ‘‘(f) EXISTING FUNDING AGREEMENTS.—Each retrocede, fully or partially, to the Secretary ‘‘(1) HEALTH STATUS REPORTS.—Compacts or Indian tribe participating in the Tribal Self- programs, services, functions, or activities (or funding agreements negotiated between the Sec- Governance Demonstration Project established portions thereof) included in the compact or retary and an Indian tribe shall include a provi- under title III on the date of enactment of this funding agreement. Unless the Indian tribe re- sion that requires the Indian tribe to report on title shall have the option at any time thereafter scinds the request for retrocession, such ret- health status and service delivery— to— rocession will become effective within the time- ‘‘(A) to the extent such data is not otherwise ‘‘(1) retain the Tribal Self-Governance Dem- frame specified by the parties in the compact or available to the Secretary and specific funds for onstration Project funding agreement of that In- funding agreement. In the absence of such a this purpose are provided by the Secretary dian tribe (in whole or in part) to the extent specification, such retrocession shall become ef- under the funding agreement; and that the provisions of that funding agreement fective on— ‘‘(B) if such reporting shall impose minimal are not directly contrary to any express provi- ‘‘(1) the earlier of— burdens on the participating Indian tribe and sion of this title; or ‘‘(A) 1 year after the date of submission of such requirements are promulgated under sec- ‘‘(2) instead of retaining a funding agreement such request; or tion 517. or portion thereof under paragraph (1), nego- ‘‘(B) the date on which the funding agreement ‘‘(2) REASSUMPTION.— tiate a new funding agreement in a manner con- expires; or ‘‘(A) IN GENERAL.—Compacts or funding sistent with the requirements of this title. ‘‘(2) such date as may be mutually agreed agreements negotiated between the Secretary upon by the Secretary and the Indian tribe. and an Indian tribe shall include a provision ‘‘(g) STABLE BASE FUNDING.—At the option of ‘‘(g) WITHDRAWAL.— an Indian tribe, a funding agreement may pro- authorizing the Secretary to reassume operation ‘‘(1) PROCESS.— vide for a stable base budget specifying the re- of a program, service, function, or activity (or ‘‘(A) IN GENERAL.—An Indian tribe may fully curring funds (including, for purposes of this portions thereof) and associated funding if there or partially withdraw from a participating provision, funds available under section 106(a)) is a specific finding relative to that program, inter-tribal consortium or tribal organization its to be transferred to such Indian tribe, for such service, function, or activity (or portion thereof) share of any program, function, service, or ac- period as may be specified in the funding agree- of— tivity (or portions thereof) included in a com- ‘‘(i) imminent endangerment of the public ment, subject to annual adjustment only to re- pact or funding agreement. health caused by an act or omission of the In- flect changes in congressional appropriations by ‘‘(B) EFFECTIVE DATE.—The withdrawal re- dian tribe, and the imminent endangerment sub-sub activity excluding earmarks. ferred to in subparagraph (A) shall become ef- arises out of a failure to carry out the compact ‘‘SEC. 506. GENERAL PROVISIONS. fective within the timeframe specified in the res- or funding agreement; or ‘‘(a) APPLICABILITY.—The provisions of this olution which authorizes transfer to the partici- ‘‘(ii) gross mismanagement with respect to section shall apply to compacts and funding pating tribal organization or inter-tribal consor- funds transferred to a tribe by a compact or agreements negotiated under this title and an tium. In the absence of a specific timeframe set funding agreement, as determined by the Sec- Indian tribe may, at its option, include provi- forth in the resolution, such withdrawal shall retary in consultation with the Inspector Gen- sions that reflect such requirements in a com- become effective on— eral, as appropriate. pact or funding agreement. ‘‘(i) the earlier of— ‘‘(B) PROHIBITION.—The Secretary shall not ‘‘(b) CONFLICTS OF INTEREST.—Indian tribes ‘‘(I) 1 year after the date of submission of reassume operation of a program, service, func- participating in self-governance under this title such request; or tion, or activity (or portions thereof) unless— shall ensure that internal measures are in place ‘‘(II) the date on which the funding agree- ‘‘(i) the Secretary has first provided written to address conflicts of interest in the administra- ment expires; or notice and a hearing on the record to the Indian tion of self-governance programs, services, func- ‘‘(ii) such date as may be mutually agreed tribe; and tions, or activities (or portions thereof). upon by the Secretary, the withdrawing Indian ‘‘(ii) the Indian tribe has not taken corrective ‘‘(c) AUDITS.— tribe, and the participating tribal organization action to remedy the imminent endangerment to ‘‘(1) SINGLE AGENCY AUDIT ACT.—The provi- or inter-tribal consortium that has signed the public health or gross mismanagement. sions of chapter 75 of title 31, United States compact or funding agreement on behalf of the ‘‘(C) EXCEPTION.— Code, requiring a single agency audit report withdrawing Indian tribe, inter-tribal consor- ‘‘(i) IN GENERAL.—Notwithstanding subpara- shall apply to funding agreements under this tium, or tribal organization. graph (B), the Secretary may, upon written no- title. ‘‘(2) DISTRIBUTION OF FUNDS.—When an In- tification to the Indian tribe, immediately re- ‘‘(2) COST PRINCIPLES.—An Indian tribe shall dian tribe or tribal organization eligible to enter assume operation of a program, service, func- apply cost principles under the applicable Office into a self-determination contract under title I tion, or activity (or portion thereof) if— of Management and Budget circular, except as or a compact or funding agreement under this ‘‘(I) the Secretary makes a finding of immi- modified by section 106, or by any exemptions to title fully or partially withdraws from a partici- nent substantial and irreparable endangerment

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of the public health caused by an act or omis- ‘‘(e) GOOD FAITH.—In the negotiation of com- quarters, regional, area, or service unit office or sion of the Indian tribe; and pacts and funding agreements the Secretary other funds due under this Act, except as re- ‘‘(II) the endangerment arises out of a failure shall at all times negotiate in good faith to quired by Federal law; to carry out the compact or funding agreement. maximize implementation of the self-governance ‘‘(B) withholding portions of such funds for ‘‘(ii) REASSUMPTION.—If the Secretary re- policy. The Secretary shall carry out this title in transfer over a period of years; and assumes operation of a program, service, func- a manner that maximizes the policy of tribal ‘‘(C) reducing the amount of funds required tion, or activity (or portion thereof) under this self-governance, in a manner consistent with under this Act— subparagraph, the Secretary shall provide the the purposes specified in section 3 of the Tribal ‘‘(i) to make funding available for self-govern- Indian tribe with a hearing on the record not Self-Governance Amendments of 1999. ance monitoring or administration by the Sec- later than 10 days after such reassumption. ‘‘(f) SAVINGS.—To the extent that programs, retary; ‘‘(D) HEARINGS.—In any hearing or appeal in- functions, services, or activities (or portions ‘‘(ii) in subsequent years, except pursuant volving a decision to reassume operation of a thereof) carried out by Indian tribes under this to— program, service, function, or activity (or por- title reduce the administrative or other respon- ‘‘(I) a reduction in appropriations from the tion thereof), the Secretary shall have the bur- sibilities of the Secretary with respect to the op- previous fiscal year for the program or function den of proof of demonstrating by clear and con- eration of Indian programs and result in savings to be included in a compact or funding agree- vincing evidence the validity of the grounds for that have not otherwise been included in the ment; the reassumption. amount of tribal shares and other funds deter- ‘‘(II) a congressional directive in legislation or ‘‘(b) FINAL OFFER.—In the event the Secretary mined under section 508(c), the Secretary shall accompanying report; and a participating Indian tribe are unable to make such savings available to the Indian ‘‘(III) a tribal authorization; agree, in whole or in part, on the terms of a tribes, inter-tribal consortia, or tribal organiza- ‘‘(IV) a change in the amount of pass-through compact or funding agreement (including fund- tions for the provision of additional services to funds subject to the terms of the funding agreeing levels), the Indian tribe may submit a final program beneficiaries in a manner equitable to ment; or offer to the Secretary. Not more than 45 days ‘‘(V) completion of a project, activity, or pro- directly served, contracted, and compacted pro- after such submission, or within a longer time gram for which such funds were provided; grams. agreed upon by the Indian tribe, the Secretary ‘‘(iii) to pay for Federal functions, including ‘‘(g) TRUST RESPONSIBILITY.—The Secretary is shall review and make a determination with re- Federal pay costs, Federal employee retirement prohibited from waiving, modifying, or dimin- spect to such offer. In the absence of a timely benefits, automated data processing, technical ishing in any way the trust responsibility of the rejection of the offer, in whole or in part, made assistance, and monitoring of activities under United States with respect to Indian tribes and in compliance with subsection (c), the offer shall this Act; or individual Indians that exists under treaties, be deemed agreed to by the Secretary. ‘‘(iv) to pay for costs of Federal personnel dis- Executive orders, other laws, or court decisions. ‘‘(c) REJECTION OF FINAL OFFERS.— placed by self-determination contracts under ‘‘(h) DECISIONMAKER.—A decision that con- ‘‘(1) IN GENERAL.—If the Secretary rejects an this Act or self-governance; stitutes final agency action and relates to an offer made under subsection (b) (or 1 or more ‘‘(2) EXCEPTION.—The funds described in provisions or funding levels in such offer), the appeal within the Department of Health and paragraph (1)(C) may be increased by the Sec- Secretary shall provide— Human Services conducted under subsection (c) retary if necessary to carry out this Act or as ‘‘(A) a timely written notification to the In- shall be made either— provided in section 105(c)(2). ‘‘(1) by an official of the Department who dian tribe that contains a specific finding that ‘‘(e) OTHER RESOURCES.—In the event an In- clearly demonstrates, or that is supported by a holds a position at a higher organizational level dian tribe elects to carry out a compact or fund- controlling legal authority, that— within the Department than the level of the de- ing agreement with the use of Federal per- ‘‘(i) the amount of funds proposed in the final partmental agency in which the decision that is sonnel, Federal supplies (including supplies offer exceeds the applicable funding level to the subject of the appeal was made; or available from Federal warehouse facilities), which the Indian tribe is entitled under this ‘‘(2) by an administrative judge. Federal supply sources (including lodging, air- title; ‘‘SEC. 508. TRANSFER OF FUNDS. line transportation, and other means of trans- ‘‘(ii) the program, function, service, or activity ‘‘(a) IN GENERAL.—Pursuant to the terms of portation including the use of interagency motor (or portion thereof) that is the subject of the any compact or funding agreement entered into pool vehicles) or other Federal resources (in- final offer is an inherent Federal function that under this title, the Secretary shall transfer to cluding supplies, services, and resources avail- cannot legally be delegated to an Indian tribe; the Indian tribe all funds provided for in the able to the Secretary under any procurement ‘‘(iii) the Indian tribe cannot carry out the funding agreement, pursuant to subsection (c), contracts in which the Department is eligible to program, function, service, or activity (or por- and provide funding for periods covered by joint participate), the Secretary shall acquire and tion thereof) in a manner that would not result resolution adopted by Congress making con- transfer such personnel, supplies, or resources in significant danger or risk to the public tinuing appropriations, to the extent permitted to the Indian tribe. health; or by such resolutions. In any instance where a ‘‘(iv) the Indian tribe is not eligible to partici- ‘‘(f) REIMBURSEMENT TO INDIAN HEALTH SERV- funding agreement requires an annual transfer pate in self-governance under section 503; ICE.—With respect to functions transferred by ‘‘(B) technical assistance to overcome the ob- of funding to be made at the beginning of a fis- the Indian Health Service to an Indian tribe, jections stated in the notification required by cal year, or requires semiannual or other peri- the Indian Health Service shall provide goods subparagraph (A); odic transfers of funding to be made com- and services to the Indian tribe, on a reimburs- ‘‘(C) the Indian tribe with a hearing on the mencing at the beginning of a fiscal year, the able basis, including payment in advance with record with the right to engage in full discovery first such transfer shall be made not later than subsequent adjustment. The reimbursements re- relevant to any issue raised in the matter and 10 days after the apportionment of such funds ceived from those goods and services, along with the opportunity for appeal on the objections by the Office of Management and Budget to the the funds received from the Indian tribe pursu- raised, except that the Indian tribe may, in lieu Department, unless the funding agreement pro- ant to this title, may be credited to the same or of filing such appeal, directly proceed to initiate vides otherwise. subsequent appropriation account which pro- an action in a Federal district court pursuant to ‘‘(b) MULTIYEAR FUNDING.—The Secretary vided the funding, such amounts to remain section 110(a); and may employ, upon tribal request, multiyear available until expended. ‘‘(D) the Indian tribe with the option of enter- funding agreements. References in this title to ‘‘(g) PROMPT PAYMENT ACT.—Chapter 39 of ing into the severable portions of a final pro- funding agreements shall include such title 31, United States Code, shall apply to the posed compact or funding agreement, or provi- multiyear funding agreements. transfer of funds due under a compact or fund- sion thereof, (including a lesser funding ‘‘(c) AMOUNT OF FUNDING.—The Secretary ing agreement authorized under this title. amount, if any), that the Secretary did not re- shall provide funds under a funding agreement ‘‘(h) INTEREST OR OTHER INCOME ON TRANS- ject, subject to any additional alterations nec- under this title in an amount equal to the FERS.—An Indian tribe is entitled to retain in- essary to conform the compact or funding agree- amount that the Indian tribe would have been terest earned on any funds paid under a comment to the severed provisions. entitled to receive under self-determination con- pact or funding agreement to carry out govern- ‘‘(2) EFFECT OF EXERCISING CERTAIN OPTION.— tracts under this Act, including amounts for di- mental or health purposes and such interest If an Indian tribe exercises the option specified rect program costs specified under section shall not diminish the amount of funds the In- in paragraph (1)(D), that Indian tribe shall re- 106(a)(1) and amounts for contract support costs dian tribe is authorized to receive under its tain the right to appeal the Secretary’s rejection specified under section 106(a) (2), (3), (5), and funding agreement in the year the interest is under this section, and subparagraphs (A), (B), (6), including any funds that are specifically or earned or in any subsequent fiscal year. Funds and (C) of that paragraph shall only apply to functionally related to the provision by the Sec- transferred under this title shall be managed that portion of the proposed final compact, retary of services and benefits to the Indian using the prudent investment standard. funding agreement, or provision thereof that tribe or its members, all without regard to the ‘‘(i) CARRYOVER OF FUNDS.—All funds paid to was rejected by the Secretary. organizational level within the Department an Indian tribe in accordance with a compact or ‘‘(d) BURDEN OF PROOF.—With respect to any where such functions are carried out. funding agreement shall remain available until hearing or appeal or civil action conducted pur- ‘‘(d) PROHIBITIONS.— expended. In the event that an Indian tribe suant to this section, the Secretary shall have ‘‘(1) IN GENERAL.—Except as provided in para- elects to carry over funding from 1 year to the the burden of demonstrating by clear and con- graph (2), the Secretary is expressly prohibited next, such carryover shall not diminish the vincing evidence the validity of the grounds for from— amount of funds the Indian tribe is authorized rejecting the offer (or a provision thereof) made ‘‘(A) failing or refusing to transfer to an In- to receive under its funding agreement in that under subsection (b). dian tribe its full share of any central, head- or any subsequent fiscal year.

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‘‘(j) PROGRAM INCOME.—All medicare, med- tiated construction project agreement or amending. A denial may be made only upon a specific icaid, or other program income earned by an In- ment thereof which results in a significant finding by the Secretary that identified lan- dian tribe shall be treated as supplemental change in the original scope of work. The In- guage in the regulation may not be waived be- funding to that negotiated in the funding agree- dian tribe shall provide the Secretary with cause such waiver is prohibited by Federal law. ment. The Indian tribe may retain all such in- project progress and financial reports not less A failure to approve or deny a waiver request come and expend such funds in the current year than semiannually. The Secretary may conduct not later than 90 days after receipt shall be or in future years except to the extent that the onsite project oversight visits semiannually or deemed an approval of such request. The Sec- Indian Health Care Improvement Act (25 U.S.C. on an alternate schedule agreed to by the Sec- retary’s decision shall be final for the Depart- 1601 et seq.) provides otherwise for medicare and retary and the Indian tribe. ment. medicaid receipts. Such funds shall not result in ‘‘(g) WAGES.—All laborers and mechanics em- ‘‘(c) ACCESS TO FEDERAL PROPERTY.—In con- any offset or reduction in the amount of funds ployed by contractors and subcontractors in the nection with any compact or funding agreement the Indian tribe is authorized to receive under construction, alteration, or repair, including executed pursuant to this title or an agreement its funding agreement in the year the program painting or decorating of a building or other fa- negotiated under the Tribal Self-Governance income is received or for any subsequent fiscal cilities in connection with construction projects Demonstration Project established under title year. undertaken by self-governance Indian tribes III, as in effect before the enactment of the Trib- ‘‘(k) LIMITATION OF COSTS.—An Indian tribe under this Act, shall be paid wages at not less al Self-Governance Amendments of 1999, upon shall not be obligated to continue performance than those prevailing wages on similar construc- the request of an Indian tribe, the Secretary— that requires an expenditure of funds in excess tion in the locality as determined by the Indian ‘‘(1) shall permit an Indian tribe to use exist- of the amount of funds transferred under a com- tribe. ing school buildings, hospitals, and other facili- pact or funding agreement. If at any time the ‘‘(h) APPLICATION OF OTHER LAWS.—Unless ties and all equipment therein or appertaining Indian tribe has reason to believe that the total otherwise agreed to by the Indian tribe, no pro- thereto and other personal property owned by amount provided for a specific activity in the vision of the Office of Federal Procurement Pol- the Government within the Secretary’s jurisdic- compact or funding agreement is insufficient the icy Act, the Federal Acquisition Regulations tion under such terms and conditions as may be Indian tribe shall provide reasonable notice of issued pursuant thereto, or any other law or agreed upon by the Secretary and the Indian such insufficiency to the Secretary. If the Sec- regulation pertaining to Federal procurement tribe for their use and maintenance; retary does not increase the amount of funds (including Executive orders) shall apply to any ‘‘(2) may donate to an Indian tribe title to any transferred under the funding agreement, the construction project conducted under this title. personal or real property found to be excess to Indian tribe may suspend performance of the ‘‘SEC. 510. FEDERAL PROCUREMENT LAWS AND the needs of any agency of the Department, or activity until such time as additional funds are REGULATIONS. the General Services Administration, except transferred. ‘‘Notwithstanding any other provision of law, that— ‘‘(A) subject to the provisions of subparagraph ‘‘SEC. 509. CONSTRUCTION PROJECTS. unless expressly agreed to by the participating (B), title to property and equipment furnished ‘‘(a) IN GENERAL.—Indian tribes participating Indian tribe, the compacts and funding agreements entered into under this title shall not be by the Federal Government for use in the per- in tribal self-governance may carry out conformance of the compact or funding agreement struction projects under this title if they elect to subject to Federal contracting or cooperative agreement laws and regulations (including Ex- or purchased with funds under any compact or assume all Federal responsibilities under the funding agreement shall, unless otherwise re- National Environmental Policy Act of 1969 (42 ecutive orders and the regulations relating to procurement issued by the Secretary), except to quested by the Indian tribe, vest in the appro- U.S.C. 4321 et seq.), the National Historic Pres- priate Indian tribe; ervation Act (16 U.S.C. 470 et seq.), and related the extent that such laws expressly apply to In- dian tribes. ‘‘(B) if property described in subparagraph provisions of law that would apply if the Sec- (A) has a value in excess of $5,000 at the time of retary were to undertake a construction project, ‘‘SEC. 511. CIVIL ACTIONS. retrocession, withdrawal, or reassumption, at by adopting a resolution— ‘‘(a) CONTRACT DEFINED.—For the purposes of the option of the Secretary upon the retroces- ‘‘(1) designating a certifying officer to rep- section 110, the term ‘contract’ shall include sion, withdrawal, or reassumption, title to such resent the Indian tribe and to assume the status compacts and funding agreements entered into property and equipment shall revert to the De- of a responsible Federal official under such under this title. partment of Health and Human Services; and laws; and ‘‘(b) APPLICABILITY OF CERTAIN LAWS.—Sec- ‘‘(C) all property referred to in subparagraph ‘‘(2) accepting the jurisdiction of the Federal tion 2103 of the Revised Statutes (25 U.S.C. 81) (A) shall remain eligible for replacement, main- court for the purpose of enforcement of the re- and section 16 of the Act of June 18, 1934 (48 tenance, and improvement on the same basis as sponsibilities of the responsible Federal official Stat. 987; chapter 576; 25 U.S.C. 476), shall not if title to such property were vested in the under such environmental laws. apply to attorney and other professional con- United States; and ‘‘(b) NEGOTIATIONS.—Construction project tracts entered into by Indian tribes participating ‘‘(3) shall acquire excess or surplus Govern- proposals shall be negotiated pursuant to the in self-governance under this title. ment personal or real property for donation to statutory process in section 105(m) and resulting ‘‘(c) REFERENCES.—All references in this Act an Indian tribe if the Secretary determines the construction project agreements shall be incor- to section 1 of the Act of June 26, 1936 (49 Stat. property is appropriate for use by the Indian porated into funding agreements as addenda. 1967; chapter 831) are hereby deemed to include tribe for any purpose for which a compact or ‘‘(c) CODES AND STANDARDS.—The Indian tribe the first section of the Act of July 3, 1952 (66 funding agreement is authorized under this and the Secretary shall agree upon and specify Stat. 323, chapter 549; 25 U.S.C. 82a). title. appropriate building codes and architectural ‘‘SEC. 512. FACILITATION. ‘‘(d) MATCHING OR COST-PARTICIPATION RE- and engineering standards (including health ‘‘(a) SECRETARIAL INTERPRETATION.—Except QUIREMENT.—All funds provided under com- and safety) which shall be in conformity with as otherwise provided by law, the Secretary pacts, funding agreements, or grants made pur- nationally recognized standards for comparable shall interpret all Federal laws, Executive or- suant to this Act, shall be treated as non-Fed- projects. ders and regulations in a manner that will fa- eral funds for purposes of meeting matching or ‘‘(d) RESPONSIBILITY FOR COMPLETION.—The cilitate— cost participation requirements under any other Indian tribe shall assume responsibility for the ‘‘(1) the inclusion of programs, services, func- Federal or non-Federal program. successful completion of the construction project tions, and activities (or portions thereof) and ‘‘(e) STATE FACILITATION.—States are hereby in accordance with the negotiated construction funds associated therewith, in the agreements authorized and encouraged to enact legislation, project agreement. entered into under this section; and to enter into agreements with Indian tribes ‘‘(e) FUNDING.—Funding for construction ‘‘(2) the implementation of compacts and to facilitate and supplement the initiatives, pro- projects carried out under this title shall be in- funding agreements entered into under this title; grams, and policies authorized by this title and cluded in funding agreements as annual ad- and other Federal laws benefiting Indians and In- vance payments, with semiannual payments at ‘‘(3) the achievement of tribal health goals dian tribes. the option of the Indian tribe. Annual advance and objectives. ‘‘(f) RULES OF CONSTRUCTION.—Each provi- and semiannual payment amounts shall be de- ‘‘(b) REGULATION WAIVER.— sion of this title and each provision of a com- termined based on mutually agreeable project ‘‘(1) IN GENERAL.—An Indian tribe may submit pact or funding agreement shall be liberally schedules reflecting work to be accomplished a written request to waive application of a regu- construed for the benefit of the Indian tribe par- within the advance payment period, work ac- lation promulgated under section 517 or the au- ticipating in self-governance and any ambiguity complished and funds expended in previous thorities specified in section 505(b) for a compact shall be resolved in favor of the Indian tribe. payment periods, and the total prior payments. or funding agreement entered into with the In- ‘‘SEC. 513. BUDGET REQUEST. The Secretary shall include associated project dian Health Service under this title, to the Sec- ‘‘(a) REQUIREMENT OF ANNUAL BUDGET RE- contingency funds with each advance payment retary identifying the applicable Federal regula- QUEST.— installment. The Indian tribe shall be respon- tion sought to be waived and the basis for the ‘‘(1) IN GENERAL.—The President shall iden- sible for the management of the contingency request. tify in the annual budget request submitted to funds included in funding agreements. ‘‘(2) APPROVAL.—Not later than 90 days after Congress under section 1105 of title 31, United ‘‘(f) APPROVAL.—The Secretary shall have at receipt by the Secretary of a written request by States Code, all funds necessary to fully fund least 1 opportunity to approve project planning an Indian tribe to waive application of a regula- all funding agreements authorized under this and design documents prepared by the Indian tion for a compact or funding agreement entered title, including funds specifically identified to tribe in advance of construction of the facilities into under this title, the Secretary shall either fund tribal base budgets. All funds so appro- specified in the scope of work for each nego- approve or deny the requested waiver in writ- priated shall be apportioned to the Indian

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Such funds shall be provided to House of Representatives and the Committee on title 5, United States Code, to carry out this sec- the Office of Tribal Self-Governance which shall Indian Affairs of the Senate that describes the tion shall have as its members only Federal and be responsible for distribution of all funds pro- method or methods used to determine the indi- tribal government representatives, a majority of vided under section 505. vidual tribal share of funds controlled by all whom shall be nominated by and be representa- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this components of the Indian Health Service (in- tives of Indian tribes with funding agreements subsection shall be construed to authorize the cluding funds assessed by any other Federal under this Act. Indian Health Service to reduce the amount of agency) for inclusion in self-governance com- ‘‘(2) REQUIREMENTS.—The committee shall funds that a self-governance tribe is otherwise pacts or funding agreements. confer with, and accommodate participation by, entitled to receive under its funding agreement ‘‘SEC. 515. DISCLAIMERS. representatives of Indian tribes, inter-tribal con- or other applicable law, whether or not such ‘‘(a) NO FUNDING REDUCTION.—Nothing in sortia, tribal organizations, and individual trib- funds are apportioned to the Office of Tribal this title shall be construed to limit or reduce in al members. Self-Governance under this section. any way the funding for any program, project, ‘‘(c) ADAPTATION OF PROCEDURES.—The Sec- ‘‘(b) PRESENT FUNDING; SHORTFALLS.—In such or activity serving an Indian tribe under this or retary shall adapt the negotiated rulemaking budget request, the President shall identify the other applicable Federal law. Any Indian tribe procedures to the unique context of self-govern- level of need presently funded and any shortfall that alleges that a compact or funding agree- ance and the government-to-government rela- in funding (including direct program and con- ment is in violation of this section may apply tionship between the United States and Indian tract support costs) for each Indian tribe, either the provisions of section 110. tribes. directly by the Secretary of Health and Human ‘‘(b) FEDERAL TRUST AND TREATY RESPON- ‘‘(d) EFFECT.—The lack of promulgated regu- Services, under self-determination contracts, or SIBILITIES.—Nothing in this Act shall be con- lations shall not limit the effect of this title. under compacts and funding agreements au- strued to diminish in any way the trust respon- ‘‘(e) EFFECT OF CIRCULARS, POLICIES, MANU- thorized under this title. sibility of the United States to Indian tribes and ALS, GUIDANCES, AND RULES.—Unless expressly ‘‘SEC. 514. REPORTS. individual Indians that exists under treaties, agreed to by the participating Indian tribe in ‘‘(a) ANNUAL REPORT.— Executive orders, or other laws and court deci- the compact or funding agreement, the partici- ‘‘(1) IN GENERAL.—Not later than January 1 of sions. pating Indian tribe shall not be subject to any each year after the date of enactment of the ‘‘(c) TRIBAL EMPLOYMENT.—For purposes of agency circular, policy, manual, guidance, or Tribal Self-Governance Amendments of 1999, the section 2(2) of the Act of July 5, 1935 (49 Stat. rule adopted by the Indian Health Service, ex- Secretary shall submit to the Committee on In- 450, chapter 372) (commonly known as the ‘Na- cept for the eligibility provisions of section dian Affairs of the Senate and the Committee on tional Labor Relations Act’), an Indian tribe 105(g) and regulations promulgated under sec- Resources of the House of Representatives a carrying out a self-determination contract, com- tion 517. written report regarding the administration of pact, annual funding agreement, grant, or coop- ‘‘SEC. 518. APPEALS. this title. erative agreement under this Act shall not be ‘‘In any appeal (including civil actions) in- ‘‘(2) ANALYSIS.—The report under paragraph considered an employer. volving decisions made by the Secretary under (1) shall include a detailed analysis of the level ‘‘(d) OBLIGATIONS OF THE UNITED STATES.— this title, the Secretary shall have the burden of of need being presently funded or unfunded for The Indian Health Service under this Act shall proof of demonstrating by clear and convincing each Indian tribe, either directly by the Sec- neither bill nor charge those Indians who may evidence— retary, under self-determination contracts under have the economic means to pay for services, ‘‘(1) the validity of the grounds for the deci- title I, or under compacts and funding agree- nor require any Indian tribe to do so. sion made; and ments authorized under this Act. In compiling ‘‘SEC. 516. APPLICATION OF OTHER SECTIONS OF ‘‘(2) that the decision is fully consistent with reports pursuant to this section, the Secretary THE ACT. provisions and policies of this title. may not impose any reporting requirements on ‘‘(a) MANDATORY APPLICATION.—All provi- ‘‘SEC. 519. AUTHORIZATION OF APPROPRIATIONS. participating Indian tribes or tribal organiza- sions of sections 5(b), 6, 7, 102 (c) and (d), 104, ‘‘(a) IN GENERAL.—There are authorized to be tions, not otherwise provided in this Act. 105 (k) and (l), 106 (a) through (k), and 111 of appropriated such sums as may be necessary to ‘‘(b) CONTENTS.—The report under subsection this Act and section 314 of Public Law 101–512 carry out this title. (a) shall— (coverage under chapter 171 of title 28, United ‘‘(b) ASSUMPTION OF NEW OR EXPANDED PRO- ‘‘(1) be compiled from information contained States Code, commonly known as the ‘Federal GRAMS.— in funding agreements, annual audit reports, Tort Claims Act’), to the extent not in conflict ‘‘(1) IN GENERAL.—Notwithstanding any other and data of the Secretary regarding the disposi- with this title, shall apply to compacts and provision of law, in fiscal year 2000 the Sec- tion of Federal funds; and funding agreements authorized by this title. retary may enter into contracts, compacts, or ‘‘(2) identify— ‘‘(b) DISCRETIONARY APPLICATION.—At the re- annual funding agreements with an Indian tribe ‘‘(A) the relative costs and benefits of self-gov- quest of a participating Indian tribe, any other or tribal organization to operate a new or ex- ernance; provision of title I, to the extent such provision panded program, service, function, or activity of ‘‘(B) with particularity, all funds that are is not in conflict with this title, shall be made a the Indian Health Service pursuant to the In- specifically or functionally related to the provi- part of a funding agreement or compact entered dian Self-Determination and Education Assist- sion by the Secretary of services and benefits to into under this title. The Secretary is obligated ance Act (25 U.S.C. 450 et seq.) only if— self-governance Indian tribes and their mem- to include such provision at the option of the ‘‘(A) and to the extent that, sufficient con- bers; participating Indian tribe or tribes. If such pro- tract support costs are appropriated and are ‘‘(C) the funds transferred to each self-govern- vision is incorporated it shall have the same specifically earmarked for the assumption of ance Indian tribe and the corresponding reduc- force and effect as if it were set out in full in new or expanded programs, functions, services, tion in the Federal bureaucracy; this title. In the event an Indian tribe requests or activities; and ‘‘(D) the funding formula for individual tribal such incorporation at the negotiation stage of a ‘‘(B) the Indian Health Service determines shares of all headquarters funds, together with compact or funding agreement, such incorpora- that the percentage of contract support costs the comments of affected Indian tribes or tribal tion shall be deemed effective immediately and provided to existing contractors will not be re- organizations, developed under subsection (c); shall control the negotiation and resulting com- duced as a result of the assumption of any new and pact and funding agreement. or expanded programs, functions, services, or ‘‘(E) amounts expended in the preceding fiscal ‘‘SEC. 517. REGULATIONS. activities under this title. year to carry out inherent Federal functions, in- ‘‘(a) IN GENERAL.— ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this cluding an identification of those functions by ‘‘(1) PROMULGATION.—Not later than 90 days subsection shall be construed to affect the allo- type and location; after the date of enactment of the Tribal Self- cation of funds other than contract support cost ‘‘(3) contain a description of the method or Governance Amendments of 1999, the Secretary funds.’’. methods (or any revisions thereof) used to deter- shall initiate procedures under subchapter III of SEC. 5. TRIBAL SELF-GOVERNANCE DEPARTMENT. mine the individual tribal share of funds con- chapter 5 of title 5, United States Code, to nego- The Indian Self-Determination and Education trolled by all components of the Indian Health tiate and promulgate such regulations as are Assistance Act (25 U.S.C. 450 et seq.) is amended Service (including funds assessed by any other necessary to carry out this title. by adding at the end the following: Federal agency) for inclusion in self-governance ‘‘(2) PUBLICATION OF PROPOSED REGULA- ‘‘TITLE VI—TRIBAL SELF-GOVERNANCE— compacts or funding agreements; TIONS.—Proposed regulations to implement this ‘‘(4) before being submitted to Congress, be title shall be published in the Federal Register DEPARTMENT OF HEALTH AND HUMAN distributed to the Indian tribes for comment by the Secretary no later than 1 year after the SERVICES (with a comment period of no less than 30 days, date of enactment of the Tribal Self-Governance ‘‘SEC. 601. DEFINITIONS. beginning on the date of distribution); and Amendments of 1999. ‘‘(a) IN GENERAL.—In this title, the Secretary ‘‘(5) include the separate views and comments ‘‘(3) EXPIRATION OF AUTHORITY.—The author- may apply the definitions contained in title V. of the Indian tribes or tribal organizations. ity to promulgate regulations under paragraph ‘‘(b) OTHER DEFINITIONS.—In this title: ‘‘(c) REPORT ON FUND DISTRIBUTION METH- (1) shall expire 21 months after the date of en- ‘‘(1) AGENCY.—The term the term ‘agency’ OD.—Not later than 180 days after the date of actment of the Tribal Self-Governance Amend- means any agency or other organizational unit enactment of the Tribal Self-Governance ments of 1999. of the Department of Health and Human Serv- Amendments of 1999, the Secretary shall, after ‘‘(b) COMMITTEE.— ices, other than the Indian Health Service. consultation with Indian tribes, submit a writ- ‘‘(1) IN GENERAL.—A negotiated rulemaking ‘‘(2) SECRETARY.—The term ‘Secretary’ means ten report to the Committee on Resources of the committee established pursuant to section 565 of the Secretary of Health and Human Services.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2137 ‘‘SEC. 602. DEMONSTRATION PROJECT FEASI- termination and Education Assistance Act (25 (2) by inserting after subsection (b), the fol- BILITY. U.S.C. 450f(e)(1)) is amended by inserting after lowing: ‘‘(a) STUDY.—The Secretary shall conduct a ‘‘subsection (b)(3)’’ the following: ‘‘or any civil ‘‘(c) ANNUAL REPORTS.—Not later than May study to determine the feasibility of a tribal self- action conducted pursuant to section 110(a)’’. 15 of each year, the Secretary shall prepare and governance demonstration project for appro- (b) EFFECTIVE DATE.—The amendments made submit to Congress an annual report on the im- priate programs, services, functions, and activi- by subsection (a) shall apply to any proceedings plementation of this Act. Such report shall in- ties (or portions thereof) of the agency. commenced after October 25, 1994. clude— ‘‘(b) CONSIDERATIONS.—In conducting the SEC. 7. SPEEDY ACQUISITION OF GOODS, SERV- ‘‘(1) an accounting of the total amounts of study, the Secretary shall consider— ICES, OR SUPPLIES. funds provided for each program and the budget ‘‘(1) the probable effects on specific programs Section 105(k) of the Indian Self-Determina- activity for direct program costs and contract and program beneficiaries of such a demonstration and Education Assistance Act (25 U.S.C. support costs of tribal organizations under self- tion project; determination; ‘‘(2) statutory, regulatory, or other impedi- 450j(k)) is amended— ‘‘(2) an accounting of any deficiency in funds ments to implementation of such a demonstra- (1) by striking ‘‘deemed an executive agency’’ needed to provide required contract support tion project; and inserting ‘‘deemed an executive agency and ‘‘(3) strategies for implementing such a dem- part of the Indian Health Service’’; and costs to all contractors for the fiscal year for onstration project; (2) by adding at the end the following: ‘‘At which the report is being submitted; ‘‘(4) probable costs or savings associated with the request of an Indian tribe, the Secretary ‘‘(3) the indirect cost rate and type of rate for such a demonstration project; shall enter into an agreement for the acquisi- each tribal organization that has been nego- ‘‘(5) methods to assure quality and account- tion, on behalf of the Indian tribe, of any goods, tiated with the appropriate Secretary; ability in such a demonstration project; and services, or supplies available to the Secretary ‘‘(4) the direct cost base and type of base from ‘‘(6) such other issues that may be determined from the General Services Administration or which the indirect cost rate is determined for by the Secretary or developed through consulta- other Federal agencies that are not directly each tribal organization; tion pursuant to section 603. available to the Indian tribe under this section ‘‘(5) the indirect cost pool amounts and the ‘‘(c) REPORT.—Not later than 18 months after or any other Federal law, including acquisitions types of costs included in the indirect cost pool; the date of enactment of this title, the Secretary from prime vendors. All such acquisitions shall and shall submit a report to the Committee on In- be undertaken through the most efficient and ‘‘(6) an accounting of any deficiency in funds dian Affairs of the Senate and the Committee on speedy means practicable, including electronic needed to maintain the preexisting level of serv- Resources of the House of Representatives. The ordering arrangements. ices to any Indian tribes affected by contracting activities under this Act, and a statement of the report shall contain— SEC. 8. PATIENT RECORDS. ‘‘(1) the results of the study under this sec- amount of funds needed for transitional pur- Section 105 of the Indian Self-Determination tion; poses to enable contractors to convert from a and Education Assistance Act (25 U.S.C. 450j) is ‘‘(2) a list of programs, services, functions, Federal fiscal year accounting cycle, as author- amended by adding at the end the following: and activities (or portions thereof) within each ized by section 105(d).’’. ‘‘(o) PATIENT RECORDS.— agency with respect to which it would be fea- SEC. 11. REPEAL. ‘‘(1) IN GENERAL.—At the option of an Indian sible to include in a tribal self-governance dem- (a) IN GENERAL.—Title III of the Indian Self- onstration project; tribe or tribal organization, patient records may be deemed to be Federal records under those Determination and Education Assistance Act (25 ‘‘(3) a list of programs, services, functions, U.S.C. 450f note) is repealed. and activities (or portions thereof) included in provisions of title 44, United States Code, that are commonly referred to as the ‘Federal (b) EFFECTIVE DATE.—This section shall take the list provided pursuant to paragraph (2) that effect on October 1, 1999. could be included in a tribal self-governance Records Act of 1950’ for the limited purposes of making such records eligible for storage by Fed- SEC. 12. SAVINGS PROVISION. demonstration project without amending stat- Funds appropriated for title III of the Indian utes, or waiving regulations that the Secretary eral Records Centers to the same extent and in Self-Determination and Education Assistance may not waive; the same manner as other Department of Health Act (25 U.S.C. 450f note) shall be available for ‘‘(4) a list of legislative actions required in and Human Services patient records. order to include those programs, services, func- ‘‘(2) TREATMENT OF RECORDS.—Patient records use under title V of such Act. tions, and activities (or portions thereof) in- that are deemed to be Federal records under AMENDMENT NO. 2922 cluded in the list provided pursuant to para- those provisions of title 44, United States Code, Mr. KYL. Mr. President, Senator graph (2) but not included in the list provided that are commonly referred to as the ‘Federal CAMPBELL has a substitute amendment pursuant to paragraph (3) in a tribal self-gov- Records Act of 1950’ pursuant to this subsection at the desk, and I ask for its consider- ernance demonstration project; and shall not be considered Federal records for the ation. ‘‘(5) any separate views of tribes and other en- purposes of chapter 5 of title 5, United States tities consulted pursuant to section 603 related Code.’’. The PRESIDING OFFICER. The to the information provided pursuant to para- SEC. 9. RECOVERY ACTIONS. clerk will report. graphs (1) through (4). Section 105 of the Indian Self-Determination The legislative clerk read as follows: ‘‘SEC. 603. CONSULTATION. and Education Assistance Act (25 U.S.C. 450j) is The Senator from Arizona [Mr. KYL], for ‘‘(a) STUDY PROTOCOL.— amended by adding at the end the following: Mr. CAMPBELL, proposes an amendment num- ‘‘(1) CONSULTATION WITH INDIAN TRIBES.—The ‘‘(p) RECOVERY ACTIONS.— bered 2922. Secretary shall consult with Indian tribes to de- ‘‘(1) CREDITING OF FACILITY ACCOUNTS.—All (The text of the amendment is print- termine a protocol for consultation under sub- funds recovered under the first section of Public section (b) prior to consultation under such sub- ed in today’s RECORD under ‘‘Amend- Law 87-693 (42 U.S.C. 2651) that are related to ments Submitted.’’) section with the other entities described in such health care provided by a tribally-administered subsection. facility or program of the Indian Health Service, Mr. KYL. Mr. President, I ask unani- ‘‘(2) REQUIREMENTS FOR PROTOCOL.—The pro- whether provided before or after the facility’s or mous consent that the amendment be tocol shall require, at a minimum, that— program’s transfer to tribal administration, agreed to. ‘‘(A) the government-to-government relation- shall be credited to the account of the facility or The PRESIDING OFFICER. Without ship with Indian tribes forms the basis for the program providing the service and shall be objection, it is so ordered. consultation process; ‘‘(B) the Indian tribes and the Secretary joint- available without fiscal year limitation. The amendment (No. 2922) was agreed REATMENT OF TRIBES AND ORGANIZA- ly conduct the consultations required by this ‘‘(2) T to. section; and TIONS.—For purposes of the first section of Pub- Mr. KYL. Mr. President, I ask unani- ‘‘(C) the consultation process allows for sepa- lic Law 87-693 (42 U.S.C. 2651), an Indian tribe mous consent that the committee or tribal organization carrying out a contract, rate and direct recommendations from the In- amendment, as amended, be agreed to, dian tribes and other entities described in sub- compact, grant, or cooperative agreement pursuant to this Act shall be deemed to be the United and the bill be read for the third time. section (b). The PRESIDING OFFICER. Without ‘‘(b) CONDUCTING STUDY.—In conducting the States and shall have the same right to recover study under this title, the Secretary shall con- as the United States for the reasonable value of objection, it is so ordered. sult with Indian tribes, States, counties, munici- past or future care and treatment provided The committee amendment, as palities, program beneficiaries, and interested under such contract, compact, grant, or cooper- amended, was agreed to. public interest groups, and may consult with ative agreement. Nothing in this paragraph The bill (S. 979), as amended, was other entities as appropriate. shall be construed to affect a tribe’s or tribal or- read the third time. ‘‘SEC. 604. AUTHORIZATION OF APPROPRIATIONS. ganization’s right to recover under any other Mr. CAMPBELL. Mr. President, I am ‘‘There are authorized to be appropriated for applicable Federal, State, or tribal law.’’. pleased that today the Senate will pass fiscal years 2000 and 2001 such sums as may be SEC. 10. ANNUAL REPORTS. S. 979, a bill to make permanent the necessary to carry out this title. Such sums shall Section 106 of the Indian Self-Determination Self-Governance in Health Care Dem- remain available until expended.’’. and Education Assistance Act (25 U.S.C. 450j-1) onstration Project that was begun in SEC. 6. AMENDMENTS CLARIFYING CIVIL PRO- is amended— CEEDINGS. (1) by redesignating subsections (c) through 1994. (a) BURDEN OF PROOF IN DISTRICT COURT AC- (n) as subsections (d) through (o), respectively; After numerous hearings by the Com- TIONS.—Section 102(e)(1) of the Indian Self-De- and mittee on Indian Affairs and months of

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2138 CONGRESSIONAL RECORD — SENATE April 4, 2000 negotiations aimed at getting con- upon the fundamental tenets of tribal The PRESIDING OFFICER. Without sensus on this legislation, the Senate self-determination, I encourage my col- objection, it is so ordered. has voted to continue and expand the leagues on both sides of the aisle to The Senator from the great State of successful Self-Governance in Health move quickly to send this bill to the Nebraska. Care pilot that has proven so helpful in President. f improving the health care of Native Mr. KYL. Mr. President, I ask unani- NUCLEAR WEAPONS people and in assisting tribes in the de- mous consent that the Senate proceed velopment of their governments and to Calendar No. 419, H.R. 1167, the Mr. KERREY. Mr. President, the De- economies. House companion measure. I further partment of Defense announced about 2 I thank and acknowledge Senator ask unanimous consent that all after weeks ago that they are going to delay GORTON and his staff for their efforts in the enacting clause be stricken and the a critical feasibility test of an inter- helping to iron out the differences that text of S. 979, as amended, be inserted ceptor which would protect the United stood in the path of agreement on this in lieu thereof, and the bill, as amend- States from a ballistic missile attack. bill. ed, be read a third time and passed. This delay, it should be noted, will give I am hopeful this legislation will I also ask unanimous consent that Congress and the President some addi- make its way to the President in short the Senate then insist on its amend- tional breathing room before we begin order for his favorable consideration. ment and request a conference with the the debate to deploy a missile defense Mr. MCCAIN. Mr. President, I am House. system. It may even mean the final de- pleased the Senate will pass H.R. 1167, Finally, I ask unanimous consent cision on deployment may not occur the Tribal Self-Governance Amend- that S. 979 be placed on the calendar. until after the November Presidential ments of 1999. This legislation is the The PRESIDING OFFICER. Without election, as many have urged already. culmination of years of work by the In- objection, it is so ordered. However, I believe, we should use this dian Affairs Committee, Indian tribes The bill (H.R. 1167), as amended, was opportunity to consider anew the and the Indian Health Service, IHS, to read the third time and passed. threats which the United States faces make permanent the successful tribal as a consequence of nuclear weapons. self-governance demonstration pro- f The approximately $25 billion missile gram. ORDERS FOR WEDNESDAY, APRIL defense system being contemplated is Since its inception, tribes have en- 5, 2000 in response to a threat that does not thusiastically embraced the self-gov- exist today but very assuredly could if Mr. KYL. Mr. President, I ask unani- ernance program because it allows nations such as North Korea, Iran, or mous consent that when the Senate them to assume greater control over Iraq continue to develop their weapons completes its business today, it ad- health care programs and services of mass destruction programs. Under journ until the hour of 9:30 a.m. on which are now provided by the IHS. estimates provided to us by the CIA’s Wednesday, April 5. I further ask unan- Tribal self-governance has succeeded National Intelligence Estimates and a imous consent that on Wednesday, im- because it respects the special trust re- panel of experts headed by Mr. Donald mediately following the prayer, the lationship between Indian tribes and Rumsfeld we have been alerted to, the Journal of proceedings be approved to the United States. It puts into practice possibility exists that these countries date, the morning hour be deemed ex- the principles of government-to-gov- could have weapons of mass destruc- pired, the time for the two leaders be ernment relations and tribal sov- tion and the means to deliver them to reserved for their use later in the day, ereignty. It allows increased tribal the United States within 5 years. It is and the Senate then resume consider- flexibility and transfers control from this potential threat, along with a pos- ation of S. Con. Res. 101, the budget federal bureaucrats to tribal govern- sible accidental or unauthorized launch resolution. ments who are closer to the people by Russia, that justifies the attempt to The PRESIDING OFFICER. Without they serve. build an effective missile defense sys- objection, it is so ordered. I thank my colleague Senator CAMP- tem. BELL for his leadership in fostering an f Three facts should be understood be- agreement on final legislative language PROGRAM fore proceeding further. First, this sys- for this bill and for adding legislative tem is not the original Star Wars pro- provisions which will designate an As- Mr. KYL. Mr. President, for the in- posal of President Reagan. In other sistant Secretary for Indian Health formation of all Senators, the Senate words, it is not a system which would within the Department of Health and will begin debate on the budget resolu- protect us against a massive attack by Human Services. The proposal to des- tion at 9:30 a.m. tomorrow. The time Russia, a threat we now believe no ignate a new Assistant Secretary posi- until 11 a.m. will be equally divided for longer exists. Second, the annual costs tion primarily for Indian health policy debate on the pending Robb and to build and maintain this new system is one that enjoys unanimous support Hutchison amendments. Votes on those would be in addition to the estimated by the tribal community, bipartisan amendments will be back to back at 11 $15 to $25 billion annual costs of the support by Congress, and is also en- a.m. nuclear arsenal we maintain against dorsed by the Administration. Further, amendments will be offered the old threat of the Soviet Union. The tribal self-governance bill is throughout the day and votes are pos- Third, the deterrent argument we used critically important to Indian country sible into the evening. There are ap- during the cold war was based on the because it will finally put into place proximately 20 hours of debate remain- rational presumption that the Soviet permanent authority for Indian tribes ing on the resolution, and it is hoped Union would never attack us if they to directly manage their own health action on this resolution can be com- knew that an attack would result in care programs. With the passage of the pleted by Thursday night or Friday the destruction of their nation. How- IHS elevation bill as part of this legis- morning of this week. ever, we cannot presume rational be- lation, we can make progress for im- f havior from North Korea, Iraq, Iran, or proved health conditions for Indian potential terrorists will be the order of people nationwide. ORDER FOR ADJOURNMENT the day. We presume they would be Many of my colleagues may not real- Mr. KYL. Mr. President, if there is no willing to suffer the consequences of ize that the year 2000 marks the 30th further business to come before the retaliation to do terrible damage to the anniversary of the inception of the In- Senate, I now ask unanimous consent United States of America. dian self-determination policy, ending that the Senate stand in adjournment, A scenario which imagines such an the era of failed Federal policies of ter- under the previous order, following the attack quickly justifies the investment mination and paternalism. A few days remarks of Senator KERREY of Ne- in missile defenses. Even one relatively ago, I joined my colleagues, Senators braska, Senator LEVIN, and Senator small nuclear weapon which North CAMPBELL and JOHNSON, in sponsoring HARKIN, to be subtracted from the Korea, Iran, Iraq, or a non-nation-state S. Res. 277 commemorating this impor- overall time relating to the budget res- terrorist could launch at the United tant policy. In continuation of building olution. States would inflict more damage than

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2139 the largest natural disaster our coun- associated with even unintended civil- At sea, our President commands 18 try has ever experienced. An unauthor- ian casualties. Thus has the experience Ohio-class submarines. These are the ized or accidental launch by Russia of Hiroshima and Nagasaki become a ultimate in survivability, able to stay would be a catastrophe that could kill real and powerful deterrent against the undetected at sea for long periods of millions and inflict grave economic use by the United States of nuclear time. As such, our submarine force and psychological damage to our coun- weapons. must give pause to any potential ag- try. This makes it all the more surprising gressor. Eight of these boats carry 24 Such a scenario is part of the new that both the United States and Russia C–4 missiles. Each of these missiles are world of threats where even, or perhaps continue to maintain, on hair-trigger loaded with 8 warheads with 100 kilo- especially, the United States, the na- alert, huge stockpiles of vastly more tons of yield. The other 10 subs carry 24 tion with the largest and most deadly powerful and more accurate strategic of the updated D–5 missiles. These mis- nuclear arsenal, is at risk and can be nuclear weapons than those used 56 siles also are equipped with 8 warheads held hostage to the threats made by years ago this summer. To understand with varying degrees of yield from 100 otherwise insignificant world leaders. why, we must trace the arguments used to 475 kilotons. Again, if the President This truth increases the appetite of a since 1945 for the development of our launched all the missiles in the sub- few to command even a relatively nuclear arsenal. For the first 20 years marine arsenal he would produce 3,500 crude and small nuclear weapon as well or so of the cold war, nuclear weapons detonations. as a delivery system to hit us. A strong were seen as an inexpensive alternative In the air, the President commands a offensive nuclear capability is not a de- to unacceptably high levels of conven- strategic bomber force which includes terrent because of the irrational behav- tional forces that would have been both the B–2 and B–52 bombers. These ior of someone who hates and wants to needed to deter a belligerent Soviet bombers, in total, have the capacity to hurt us. Nor was our strong offense a Union with an open ambition for more carry about 1,700 warheads via nuclear deterrent to India and Pakistan first territory in Europe. As the Soviet bombs and air launched cruise missiles. testing nuclear weapons and then Union built up its own nuclear capa- Our land-based force can deliver ap- threatening each other with possible bility a new argument—the need to proximately 2,000 warheads on over 500 first use. deter a bolt out of the blue attack— delivery vehicles with a total yield of We have come a long ways since the eclipsed the old. about 550 megatons. Our sea-based beginning of the nuclear age a half cen- But, today, neither the Russian con- force can deliver over 3,000 warheads on tury ago. I recently went to the web ventional or nuclear forces are the over 400 delivery vehicles for a total page of Gen. Paul Tibbets and read his threat they once were. Today, we are yield of approximately 490 megatons. account of the 6-hour flight on August not fearful of an intentional attack on Our air-based force can deliver 1,700 6, 1945, that dropped the first atomic Europe with conventional forces or a warheads on approximately 90 delivery bomb on Hiroshima, Japan. The 86- nuclear attack on the United States. vehicles with a yield of 820 megatons. year-old Tibbets was the pilot of the B– Today’s threat is that a nuclear weap- In total, this is about 7,000 warheads 29 called Enola Gay that dropped the on could be launched accidentally or with a total yield of over 1,800 mega- atomic bomb, a uranium core device without the authorization of the demo- tons. with a 15 kiloton yield nicknamed Lit- cratically elected Russian President. Russia has a similarly deadly force, tle Boy. Three days later a second Today’s threat also includes the possi- but with an increasing inability to atomic bomb nicknamed Fat Boy, on bility that Russian technology or ma- modernize or maintain these weapons. account of its plutonium core, was terials could be purchased by nations Because of this, I remain hopeful that dropped from another B–29 on Naga- like Iran that have indicated their de- President Putin’s election will improve saki. The two violent detonations con- sire to become a nuclear nation. Fi- the chances of the Russian Duma rati- tributed to Japan’s unconditional sur- nally, today’s threat assessment also fying START II sometime this spring. render on August 14, 1945. includes the possibility that Russian But even under START II, the United Before I go further, I must declare elections could once again produce a States and Russia will each maintain that I am not an impartial observer of more dangerous leader whose inten- in excess of 3,000 warheads at the end of these bombings. My father became part tions were less trustworthy. 2007. While both sides hope to quickly of an occupation force rather than the Even with all of these factors consid- follow ratification of START II with a invasion force, which had been planned ered, I believe our current inventory of START III agreement, U.S. negotiators for September of 1945. His brother was strategic nuclear weapons is much have insisted on maintaining approxi- captured by the Japanese on the Ba- larger than what is needed to keep mately 2,500 warheads per side. This taan peninsula of Luzon, Philippines, America safe today and in the foresee- comes despite strong indications that and was killed just days before Amer- able future. This larger inventory within a matter of years Russia will ican forces began the second battle of forces the Russians to maintain an in- not be able to maintain a force of more the Philippines, one of the bloodiest ventory larger than they can control— than a few hundred weapons and an battles of the war. So I am on the side which in turn increases the risk of ac- offer from Russian negotiators that of those who believe President Truman cidental or unauthorized launches and START III focus on warhead levels of made the right decision. I simply can- decreases the effectiveness of missile approximately 1,500. not and will not revise history to reach defense. And this larger inventory di- I think it is fair for the American any other conclusion. verts much needed resources from the people to ask why. Why, when the Rus- Still, the civilian deaths caused by modernization of our conventional sians have indicated a willingness to go those two bombs shock and sicken all forces, which we are much more likely lower, are we insisting on keeping so who have examined the aftermath of to be using in the future. many strategic nuclear warheads? I just two atomic detonations. So shock- Consider the arsenal currently avail- think the answer can be found in the ing are the stories that during the 50 able to our President. Our Commander way in which we target our nuclear years that followed, no American Com- in Chief could order the launch of 500 weapons. The United States nuclear mander in Chief has ever used these Minutemen III and 50 Peacekeeper mis- blueprint of targets and targeting as- weapons again. Even when a good argu- siles in the land-based arsenal. The signments are contained in a highly ment could be made for their effective- bulk of the Minutemen III missiles are classified plan known as the Single In- ness in saving military and civilian armed with three 170 to 335 kilotons tegrated Operational Plan, or SIOP. To lives by shortening and winning wars, warheads. The 50 Peacekeeper missiles understand our nuclear policy, one the ‘‘bomb’’ was not used. are each armed with 10, individually must understand how the SIOP drives Indeed, as the recent NATO operation targetable warheads with a yield of 300 nuclear force levels. Because the SIOP against Yugoslavia demonstrated, to- kilotons each. These land-based mis- is highly classified, I cannot describe it day’s military planners and their polit- siles would produce 2,000 nuclear deto- in public. ical bosses measure the benefits of nations each of which each would be 10 But I can say that targeting strate- using conventional weapons against to 20 times larger than the Hiroshima gies have changed a lot since Hiro- the potential moral and political losses bomb. shima. The variables which dictate

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2140 CONGRESSIONAL RECORD — SENATE April 4, 2000 changes have been arms control agree- The next phase is what was called munism collapsed in Eastern Europe ments, perception of today’s threat, flexible response. It occurred because and the Soviet Union. Many people as- and estimation of tomorrow’s. Under- the number of nuclear weapons needed sume that the end of the Cold War has standing the history of U.S. nuclear to maintain this policy increased sig- caused the United States to fundamen- policy may help explain the rationale nificantly as U.S. intelligence im- tally rethink the SIOP. However, most for the targeting plan. proved its ability to identify Soviet of the changes appear to have occurred In the beginning, we had a letter targets. As a result of the expansion of at the margin and have not involved from Albert Einstein to then-President possible targets, there was an increased fundamentally rethinking in the face Franklin Roosevelt in 1939. In this let- demand for nuclear weapons. Toward of democratic changes in Russia. Open ter, Einstein alerted Roosevelt of the the end of the Eisenhower administra- sources estimate the number of Rus- potential of nuclear chain reactions tion, policymakers began to recognize sian targets in the SIOP have been re- and warned him about Nazi Germany’s the need to create greater flexibility in duced from a Cold War high of approxi- efforts to monopolize the necessary the U.S. nuclear strategy. mately 11,000 to around 2,000. The cur- uranium. Einstein also urged the Presi- During the last months of the Eisen- rent SIOP—SIOP–99 which went into dent to foster ties between the Govern- hower administration and into the effect in October 1998—also includes ap- ment and scientists working in the Kennedy administration, the focus proximately 500 non-Russian targets. area of atomic research. As a result of shifted to creating a flexible response While the reduction in number of tar- Einstein’s letter, Roosevelt authorized strategy that would allow the Presi- gets has allowed us to make reductions a study of the potential of atomic dent to respond to Soviet provocation in our nuclear arsenal, too many of the power. But it was not until the U.S. en- through a range of options—not simply underpinnings of our nuclear policy are tered World War II that Roosevelt for- an all-out attack. The result of this ef- still based on Cold War thinking. Our malized the Government’s participa- fort was the creation of the SIOP. The planners still assume that deterrence tion in this new area of science. The re- original SIOP, SIOP–62, embodied the requires the capability of hitting as sult was the creation of the Manhattan policy of massive retaliation. It con- many as 2,000 targets in a democratic Project. The Manhattan Project was a tained one plan in which the United Russia. monumental undertaking that em- States would launch all of its nuclear Our nuclear policy should recognize ployed over 200,000 men and women at weapons in a single attack. SIOP–62 that the Cold War is over and should a cost of $20 billion in today’s infla- targeted every city in the Soviet Union recognize that Russia has completed tion-adjusted dollars. Ultimately, it and China with an estimated 360 to 425 its third democratic Presidential elec- was successful in creating the world’s million civilian casualties. tion. It should recognize that we are first atomic bombs, whose devastating When President Kennedy entered of- less safe—if by keeping more weapons impact helped end the Second World fice, he immediately called for a than we need to defend ourselves—we War in the Pacific. change in the SIOP to reflect the pol- force Russia to keep more weapons The second phase of our effort was icy of flexible response. As a result, than they can control. Furthermore, the strategic bombing phase. Having SIOP–63 included limited nuclear re- we are less safe if by keeping more created this powerful new weapon, and sponses and negotiating pauses as a than we need, we encourage new nu- as the cold war began, U.S. policy- part of the overall nuclear strategy. clear nations like India and Pakistan. makers faced the task of deciding how SIOP–5 and SIOP–6 continued the trend And we are less safe if all of this activ- to incorporate these weapons into the toward increasing flexibility by cre- ity both justifies and makes possible U.S. arsenal and under what cir- ating a wider range of nuclear tar- the acquisition of nuclear weapons by cumstances they should be used. Our geting and response options. While the rogue nations or terrorist non-nation- initial policy was based on the concept various SIOPs were successful in cre- state groups. of strategic bombing, which mirrored ating greater options for the President, Most importantly our strategy our strategy during the Second World they also helped to create a phe- should acknowledge that we have a War. Early plans called for the tar- nomenon in which the number of nu- moral deterrent that makes it unlikely geting of urban industrial centers—not clear weapons were increased dramati- that a U.S. President would order the unlike Hiroshima and Nagasaki—and cally. first use of nuclear weapons. Since the specifically targeted 34 bombs on 24 So- As the SIOP sought to create an in- dollars needed to maintain our nuclear viet cities. Given the fact that Japan clusive list of Soviet targets, weapons arsenal could be used to support mili- had surrendered following the use of were manufactured and assigned to tary programs our President is likely just two bombs, this was thought suffi- those targets. As intelligence gath- to use, this factor has much more sig- cient to devastate the Soviet Union ering capabilities grew, the number of nificance than we have been giving it. under any circumstance. targets were also increased. Further- It is time for us to re-examine both The third phase of our planning was more, as the Soviets created more our nuclear deterrent needs and the called massive retaliation because in weapons to target our weapons, the way in which we target our weapons to 1949 the U.S. approach to nuclear weap- U.S. would increase our arsenal to better reflect the realities of a post- ons had to be reconsidered following re- match. The result was a classic arms Cold War world. We must realize the ports that the Soviet Union had ac- race. According to a recent book called end of the Cold War and the rapid pace quired a nuclear weapons capability of Atomic Audit, edited by Stephen of globalization is changing both the their own. From this point on, U.S. Schwartz, this process was further es- nature and the source of today’s policymakers had to consider Soviet calated when in 1974 Secretary of De- threats. The world is still dangerous; nuclear sites in targeting and had to be fense James Schlesinger ordered that nuclear threats still exist and will re- able to deal with the fact that for the U.S. nuclear forces ‘‘be able to destroy quire us to maintain an overwhelming fist time Americans lived under the 70% of the Soviet industry that would deterrent capability. But that capa- threat of a nuclear attack. be needed to achieve economic recov- bility must recognize what the world Into the 1950s U.S. nuclear policy ery in the event of a large-scale stra- looks like today and what it will look continued to develop. By the Eisen- tegic nuclear exchange.’’ This order like in 2005 and in 2010, not what it hower administration, the U.S. nuclear was mistakenly thought to mean that looked like in 1950 or in 1970 or even arsenal had greatly increased in num- 70% of each individual factory or indus- 1989. bers, but we had adopted a policy of trial unit would have to be destroyed Just as Rip Van Winkle awoke to massive retaliation. This policy stated rather than 70% of the overall produc- find his world had completely changed that an attack by the Soviet Union tion capability. In order to achieve as- while he was asleep, we too must real- would result in an instant, all-out U.S. surance of 70% destruction, each target ize that in less than a decade our world nuclear response. The greater reliance was often assigned multiple warheads, has been completely transformed. The on nuclear weapons allowed the United thus increasing the nuclear arms spi- time to readjust our world view, to States to decrease its commitment to ral. transform our nuclear policies, and to conventional weapons and keep defense Near the height of this nuclear build- work cooperatively with a democratic spending in check. up, a remarkable thing occurred: com- Russia is now.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — SENATE S2141 I believe the numbers of highly accu- Clearly, however, the No. 1 priority Doesn’t that sound fair? If you are in rate, deadly and survivable nuclear presented by the majority in the budg- the top 1 percent, maybe you ought to weapons needed to protect the United et resolution before us is to cut taxes get 1 percent of the cuts. Who is at that States today and in the future is in the for the wealthy. When you add the in- level of income? Well, those who are 1,000 to 1,500 range, considerably less terest costs from failing to reduce the making what is now estimated to be than either the 6,000 permitted under debt, the $150 billion cut in taxes that more than $317,000 per year. This group, START I which has been ratified by is in the budget resolution before us on average, makes $915,000 a year. So the United States and Russia, or the uses up 98 percent of the non-Social Se- the average income of the top 1 percent 3,000 permitted after 2007 under START curity surplus. That assumes cutting income earners in America is $915,000 a II, which the Russian Duma may yet some nondefense discretionary spend- year. I believe it is clear that people at ratify this year. I believe both common ing. If you take the $150 billion tax cut this income level do not need a large sense and careful evaluation of tar- that is in the budget, and if you don’t tax cut, while many working families geting requirements would support cut spending on the discretionary side, are in far greater need. going to this lower number much more that tax cut actually eats up over 100 So I hope the Senate will go on rapidly than we will under the START percent of the non-Social Security sur- record saying that we have a limit on process. I believe such a reduction plus. So in order to get the $150 billion any tax cut, that those at the very top would make it far more likely we cut in taxes, the Republican majority are receiving no more than 1 percent of would succeed in reducing the growing on the Budget Committee actually had the benefits, and let’s give the middle threat of nuclear proliferation and the to cut spending in a number of areas. class their fair share of the tax break. growing desire of non-nuclear nations Even with that cut, that $150 billion I have a chart that I think provides to go nuclear. Finally, I believe such a tax cut uses up 98 percent of that sur- some illustration. First, we have the reduction would increase the chances plus. There is virtually nothing left George Bush tax cut proposal. Let’s of getting Russia to cooperate with the over for improving the health of the look at how the benefits of that pro- deployment of a missile defense system Social Security trust fund or the Medi- posal work. It is a very large cut. But that would benefit both them and us. care trust fund. There is very little under this Bush plan, as estimated by Mr. President, regardless of whether chance to provide for a Medicare pre- Citizens For Tax Justice, the bottom 20 or not my colleagues agree with this scription drug benefit. It is going to be percent of the taxpayers get 0.6 percent assessment I hope they will agree that very difficult, if not impossible, to proof the tax cuts, less than 1 percent. The the status quo modified with improved vide increases for education, medical next 20 percent get about 3 percent of defenses is a strategy which will in- research, veterans’ health, money to the tax cuts. The next 20 percent get crease the risk that the world will ex- fight crime, and other priorities with- about 7.4 percent of the tax cuts. The perience a third hostile nuclear detona- out eroding the Social Security sur- fourth one—those who make, on aver- tion, and that this time the detonation plus. age, about $50,000 a year—gets 15.4 per- could occur in our country. Personally, I would like to see us cent of the tax benefits. But here is I yield the floor. give some tax relief to younger fami- where we really have to look, out here The PRESIDING OFFICER. The Sen- lies with modest incomes trying to on this end. Those in the top 1 percent, ator from Iowa. raise their children, to families with making over $319,000 a year—and they Mr. HARKIN. Mr. President, I ask considerable child care expenses, to average about $915,000 a year—these unanimous consent to speak as in families who have expenses caring for folks in ‘‘need’’ get about 37 percent of morning business for up to 10 minutes. aging parents. I would like to reduce The PRESIDING OFFICER. Without the penalty of higher taxes when two the benefits. They get a higher percent- objection, it is so ordered. people marry and both work. age than anybody else and, in dollar amounts, they get about $50,000 a year f The Democratic budget we have offered provides for many of those tar- in tax breaks. THE BUDGET RESOLUTION geted tax cuts while still meeting the So, again, this is what we are facing. Mr. HARKIN. Mr. President, our other needs such as for health care and Why do people in the upper 1 percent economy is in great shape: 108 months fighting crime and medical research. need this kind of a tax break? I don’t of economic growth; unemployment I would like to pay for tax cuts by hear it from them. I must admit, I has been near 4 percent for some time; eliminating some of the outrageous know some people in that bracket. I economic growth is doing very well; loopholes in the Tax Code that allow have some good friends who make that productivity is breaking all recent huge multinational corporations to es- kind of money. They are good Ameri- records; incomes of average Americans cape paying their fair share of taxes. I cans and they invest a lot of money. A are finally growing again, and infla- would like to see some loopholes closed lot of them work very hard, and they tion, outside of gasoline, is low. I think that allow some of the wealthy to es- employ people. I have yet to have one we ought to take advantage of our situ- cape paying their fair share. That, un- of them tell me they need this tax cut. ation by paying off the publicly held fortunately, does not appear to be the In fact, I have had a number of them debt while times are good. will of the Republican majority on the say: What are you doing? Pay off the The President proposes that we Budget Committee. It certainly was public debt; don’t give us a tax break. should plan on doing that by 2013, just not their will when they passed out the Pay off the public debt. That would do the point when large numbers of the budget resolution on a straight party- more for ensuring the economic health post-World War II baby boomers are line vote. So I will be offering an of this country than giving the top 1 reaching 65. That way we shore up the amendment that says if we are going to percent that kind of a tax break. capacity to be able to repay the bonds enact—if we are, and if it is the will of Well, that is why I want to offer this that have been going to the Social Se- the majority party to enact the $150 amendment. It is very simple. It pro- curity trust fund. billion in tax cuts mandated by the vides that the top 1 percent of tax- I also believe we should use the sur- budget; and that was the same sum payers should not get any more than 1 plus to put the Medicare trust fund on agreed to in the House by, I might add, percent of the tax cuts—net. After all, a sound footing for the long term. We a narrow 4 vote margin—I want to have the bottom 20 percent gets less than 1 should also be providing for a prescrip- the Senate go on record that whatever percent of the tax cuts. Why should the tion drug benefit. It is wrong that tax cuts are passed follow a very sim- top 1 percent get 37 percent? many modest-income seniors do not ple rule: that those at the highest level So my amendment says if you are in have the ability to buy the drugs they of income—the top 1 percent—not re- that top 1 percent, you should not get need for their health care. ceive more than 1 percent of the tax more than 1 percent of the tax breaks. I would also like to see the expendi- cuts. I will be offering an amendment So if you are for tax fairness, if you tures made to cover the costs of our that essentially says it is the sense of want to give the middle-class Ameri- veterans’ health, increased medical re- the Senate that if we do have a tax cut, cans their fair share of tax relief, then search, increased funds for education, no more than 1 percent of the tax cut I ask for your support of this common- and for day care. These are some key benefits can go to the top 1 percent in- sense amendment. priorities. come earners. Mr. President, I yield the floor.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2142 CONGRESSIONAL RECORD — SENATE April 4, 2000 ADJOURNMENT UNTIL 9:30 A.M. To be lieutenant colonel CYNTHIA A. DILORENZO, 0000 CHARLES F. DONNEY, 0000 TOMORROW ROBERT E. GRAY, 0000 MS DANIEL G. DONOVAN, 0000 RICHARD A. GULLICKSON, 0000 MS ULYSSES DOWNING, JR., 0000 The PRESIDING OFFICER. Under To be major PAUL S. DROHAN, 0000 the previous order, the Senate stands JAY DUDLEY, 0000 WENDY L.* HARTER, 0000 MS JAMES L. DUNN, 0000 adjourned until the hour of 9:30 a.m., DOROTHY C. DURY, 0000 April 5, 2000. IN THE MARINE CORPS KATHLEEN M. DUSSAULT, 0000 Thereupon, the Senate, at 6:56 p.m., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KIRK F. ENGEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- DAVID C. ENGLAND, 0000 adjourned until Wednesday, April 5, RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL R. ESLINGER, 0000 CLINTON F. FAISON III, 0000 2000, at 9:30 a.m. To be major DAVID E. FARRAND, 0000 PAUL V. FLONDARINA, 0000 J. E. CHRISTIANSEN, 0000 f MICHAEL B. FOGARTY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT D. FOSS, 0000 NOMINATIONS TO THE GRADE INDICATED IN THE UNITED STATES MA- HAROLD A. FRAZIER II, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: Executive nominations received by ROBERT W. FRENCK, 0000 To be lieutenant colonel KEVIN J. GALLAGHER, 0000 the Senate April 4, 2000: RICHARD O. GAMBLE II, 0000 CLIFTON J. MCCULLOUGH, 0000 PATRICIA M. GARRITY, 0000 UNITED STATES INSTITUTE OF PEACE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY D. GEORGIA, 0000 DAVID W. GLYNN, 0000 BARBARA W. SNELLING, OF VERMONT, TO BE A MEM- TO THE GRADE INDICATED IN THE UNITED STATES MA- PATRICIA J. GOODIN, 0000 BER OF THE BOARD OF DIRECTORS OF THE UNITED RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION STATES INSTITUTE OF PEACE FOR A TERM EXPIRING 12203: MICHAEL E. GORDON, 0000 JANUARY 19, 2001, VICE DENNIS L. BARK, TERM EXPIRED. BASIL F. GRAY III, 0000 To be colonel ANTHONY R. GUIDO, 0000 CORPORATION FOR NATIONAL AND COMMUNITY BARTON C. GUMPERT, JR., 0000 LANDON K. THORNE III, 0000 SERVICE RICHARD L. J. HABERBERGER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM J. HALL, 0000 ROBERT B. ROGERS, OF MISSOURI, TO BE A MEMBER OF TO THE GRADE INDICATED IN THE UNITED STATES MA- ROGER E. HANKS, 0000 THE BOARD OF DIRECTORS OF THE CORPORATION FOR RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION RICHARD M. HANN, 0000 NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- 12203: DONNA M. HAUGHINBERRY, 0000 PIRING OCTOBER 6, 2001, VICE MARLEE MATLIN, TERM To be colonel MARK F. HEINRICH, 0000 EXPIRED. SUSAN B. HERROLD, 0000 CAROL W. KINSLEY, OF MASSACHUSETTS, TO BE A DAVID R. CHEVALLIER, 0000 DAVID A. HIGGINS, 0000 MEMBER OF THE BOARD OF DIRECTORS OF THE COR- KENNETH S. PLATO, 0000 GARRY A. HIGGINS, 0000 PORATION FOR NATIONAL AND COMMUNITY SERVICE MICHAEL A. SIEBE, 0000 ALBERT L. HILL, 0000 FOR A TERM OF ONE YEAR. (NEW POSITION) JOHN K. WINZELER, 0000 KAREN J. HOFFMEISTER, 0000 MARGARET A. HOLDER, 0000 NATIONAL SCIENCE FOUNDATION IN THE NAVY MICHAEL R. HOLTEL, 0000 JANE LUBCHENCO, OF OREGON, TO BE A MEMBER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES W. HOUCK, 0000 THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE TO THE GRADES INDICATED IN THE UNITED STATES LISA G. HOYT, 0000 FOUNDATION FOR A TERM EXPIRING MAY 10, 2006. (RE- NAVY UNDER TITLE 10, U.S.C., SECTION 624: RICHARD J. HREZO, 0000 APPOINTMENT) JOSEPH F. IANNONE, 0000 WARREN M. WASHINGTON, OF COLORADO, TO BE A To be captain WALTER W. JACUNSKI, 0000 MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL ROBERT F. MILEWSKI, 0000 CRAIG E. JAMES, 0000 SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, IGOR A. JERCINOVICH, 0000 2006. (REAPPOINTMENT) To be commander TRACY JOHNSON, 0000 TREVOR R. JONES, 0000 IN THE AIR FORCE GERALD L. GRAY, 0000 RICHARD M. KEATING, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander MICHAEL A. KEEFE, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PATRICK J. KELLY, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LINDA M. GARDNER, 0000 GERARD D. KENNEDY, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR PROMOTION IN THOMAS J. KERSCH, 0000 601: THE NAVY OF THE UNITED STATES TO THE GRADE INDI- DANIEL P. KING, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: JOYCE E. KING, 0000 To be lieutenant general PHILIP J. KING, 0000 To be captain MAJ. GEN. HARRY D. RADUEGE, JR., 0000 WARREN P. KLAM, 0000 MICHAEL P. KOMPANIK, 0000 IN THE MARINE CORPS THOMAS A. ALLINGHAM, 0000 KEITH J. ALLRED, 0000 JOHN R. LANTELME, 0000 WAYNE B. LAPETODA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WARREN ANDERSON, 0000 SUSETTE J. LASHER, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE JOHN R. ARAGON, 0000 DONALD F. LEROW, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: DENNIS J. ARGALL, 0000 ERICK L. ARMSTRONG, 0000 WILLIAM P. LESAK, 0000 To be brigadier general MICHAEL A. ARROW, 0000 DAVID M. LLEWELLYN, 0000 MATHEW S. AUSMUS, 0000 DARRELL E. LOVINS, 0000 COL. THOMAS A. BENES, 0000 ROCCO M. BABINEC, 0000 PAUL W. LUND, 0000 COL. CHRISTIAN B. COWDREY, 0000 STEVEN L. BAILEY, 0000 JOHN P. LUNDGREN, 0000 COL. MICHAEL E. ENNIS, 0000 WENDY A. BAILEY, 0000 JAMES T. LUZ, 0000 COL. WALTER E. GASKIN, SR., 0000 DAVID M. BALK, 0000 BRUCE W. MACKENZIE, 0000 COL. MICHAEL R. LEHNERT, 0000 DUNCAN S. BARLOW, 0000 CYNTHIA T. I. MACRI, 0000 COL. JOSEPH J. MC MENAMIN, 0000 PATRICIA J. BATTIN, 0000 THOMAS J. MAGRINO, 0000 COL. DUANE D. THIESSEN, 0000 LANCE S. BAUMGARTEN, 0000 STEVEN G. MATTHEWS, 0000 COL. GEORGE J. TRAUTMAN III, 0000 RICHARD A. BEANE, 0000 MICHELLE M. MCATEE, 0000 COL. WILLIE J. WILLIAMS, 0000 DAVID J. BEARDSLEY, 0000 LAURIER L. MCCRAVY, 0000 COL. RICHARD C. ZILMER, 0000 KATHRYN M. BEASLEY, 0000 TIMOTHY D. MCGUIRK, 0000 IN THE NAVY CHARLES W. BELL, 0000 WILLIAM C. MCKERALL, 0000 BRAD L. BENNETT, 0000 DOUGLAS H. MCNEILL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY S. BENSON, 0000 JANE E. MEAD, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JENNIFER S. BERG, 0000 KEVIN J. MEARS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KEVIN G. BERRY, 0000 RICHARD A. MENDEZ, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THOMAS F. BERSSON, 0000 PAUL G. MERCHANT, 0000 To be vice admiral THOMAS S. BETHMANN, 0000 CHARLES C. MILLER III, 0000 ROBERT J. BIRDWELL, 0000 EDWARD L. MILLINER, JR., 0000 VICE ADM. EDMUND P. GIAMBASTIANI, JR., 0000 MAX A. BLACK, 0000 BERTRAM E. MOORE, JR., 0000 JEFFREY D. BRADLEY, 0000 GREGORY MORANDO, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OSCAR S. BRANN, 0000 JOHN I MORRIS, 0000 AS CHIEF OF CHAPLAINS, UNITED STATES NAVY, AND CHARLENE D. BRASSINGTON, 0000 DAVID M. MORRISS, 0000 APPOINTMENT TO THE GRADE INDICATED UNDER TITLE TERRILL L. BROWN, 0000 STEPHEN E. MORROW, 0000 10, U.S.C., SECTION 5142: WILLIAM A. BROWN, 0000 CHRISTOPHER J. MOSSEY, 0000 To be rear admiral WILLIAM T. BUSCH, 0000 EDWIN E. MYHRE, 0000 LYDIA CANAVAN, 0000 JAMES P. NABER, 0000 REAR ADM. (LH) BARRY C. BLACK, 0000 FRANK H. CARBER, JR., 0000 JOSEPH A. NAPOLI, JR., 0000 IN THE AIR FORCE MICHAEL P. CARLSON, 0000 EDWARD P. NARANJO, 0000 DANIEL J. CARUCCI, 0000 TOMMY B. NICHOLS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN E. CAYLE, 0000 EDWARD J. NIEBERLEIN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR KIM C. CHOJNOWSKI, 0000 KENNETH R. OCKER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: MARGARET A. CONNORS, 0000 JESUS A.M. OLCESE, 0000 ANDREW L. CORWIN, 0000 CHRISTOPHER D. PADDOCK, 0000 To be colonel CATHERINE L. COSTIN, 0000 ROBERT F. PARKER, 0000 JAMES W. COWELL, JR., 0000 FRANCIS R. PARREIRA, 0000 DAVID S. WOOD, 0000 CARLETON R. CRAMER, 0000 MICHAEL A. PEEK, 0000 IN THE ARMY CURTIS E. CUMMINGS, 0000 MARK PICKETT, 0000 TIMOTHY J. CURTIN, 0000 CHRISTOPHER RAMOS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTINE J. CURTO, 0000 ROBERT A. RAMSAY, 0000 TO THE GRADES INDICATED IN THE UNITED STATES JOHN A. DALESSANDRO, 0000 DONALD E. RATTZ, 0000 ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED GARY A. DALLMANN, 0000 KEVEN C. REED, 0000 BY AN ASTERISK (*)) IN THE MEDICAL SERVICE CORPS JOHN C. DANIEL, 0000 WILLIAM A. REED, 0000 (MS) AND MEDICAL CORPS (MC) UNDER TITLE 10, U.S.C., JAMES L. DANNER, 0000 DONALD J. REIDY, JR., 0000 SECTIONS 531, 624 AND 3064: THERESA A. DANSCUKSLOAN, 0000 DENISE A. REILLY, 0000 To be colonel JOSEPH W. DEFEO, JR., 0000 JAMES L. ROBERTS, 0000 DAVID M. DELVECCHIO, 0000 TIMOTHY J. ROSS, 0000 RICHARD A. KELLER, 0000 MC CAROL J. DESMARAIS, 0000 RICHARD D. ROTH, JR., 0000

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ANGEL R. ROURE, 0000 TIMOTHY E. COOLEY, 0000 ANTOINETTE L. MCMILLEN, 0000 JEFFREY M. SANDLER, 0000 RUSSELL J. CORPRON, 0000 EARL F. MCNEIL, JR., 0000 MICHAEL D. SASHIN, 0000 CHARLES S. CORYELL, 0000 PATRICK D. MEAD, 0000 STEVEN SCHALLHORN, 0000 FREDRICK L. COX, 0000 JACQUELINE M. MEYER, 0000 R. D. SCHLESINGER, 0000 REGINA M. COX, 0000 MICHAEL P. MILLER, 0000 GLENN A. SCHNEPF, 0000 RICHARD L. CRANE, 0000 JOHN D. MILTENBERGER, 0000 GERALD S. SCHOLL, 0000 KENNETH J. CREGAR, JR., 0000 TERRY L. MIXON, 0000 SHARON R. SEBBIO, 0000 ROBERT L. CROSS, 0000 HALLOCK N. MOHLER, 0000 VERNON SELLERS, 0000 STEVEN D. CUMBER, 0000 JEFFREY S. MOORE, 0000 TRUEMAN W. SHARP, 0000 PATRICE D. DAVIS, 0000 EDUARDO E. MORALES, 0000 DONALD J. SHERMAN, 0000 GLENN W. DEAL, 0000 PETER R. MOSS, 0000 JAMES J. SICARI, 0000 LARRY C. DEERING, 0000 JOHN J. MOTT, 0000 MARK L. SOBCZAK, 0000 RICARDO DELBREY, 0000 THOMAS A. MURPHY, 0000 DAVID G. SOUTHERLAND, 0000 CYNTHIA R. DEMATTEO, 0000 DAVID J. MURRAY, 0000 SUZANNE K. SPANGLER, 0000 KENNETH L. DEMICK, JR., 0000 EDGARDO R. NARANJO, 0000 MICHAEL E. STABILE, 0000 GINO F. DINVERNO, 0000 TOMMY R. NASH, 0000 DAVID J. STEWART, 0000 HARRY J. DOBSON, 0000 DARRELL NEALY, 0000 JOHN B. STOCKEL, 0000 JAMES P. DOOLEY, 0000 RICHARD F. SWEENEY, 0000 KEVIN V. DOWD, 0000 AL T. NESMITH, 0000 RICHARD L. SZAL, 0000 ELLEN H. DUFFY, 0000 JEREMY P. NEWMAN, 0000 RUSSELL C. THACKSTON, 0000 DEAN F. DUNLOP, 0000 TIMOTHY M. NICHOLSON, 0000 MICHAEL T. THOMPSON, 0000 DALYN E. DUNN, 0000 WILLIAM S. NICOL, 0000 TIMOTHY E. THOMPSON, 0000 DAVID DWYER, 0000 ROBERT J. NICOLOSI, 0000 THOMAS N. TICHY, 0000 NORRIS L. ELLIS, 0000 DAVID W. NIKODYM, 0000 PATRICK A. TILLSON, 0000 WILLIAM D. ERWIN, 0000 GARY C. NORMAN, 0000 WALTER W. TINLING, 0000 KEITH S. FARRAR, 0000 KEVIN B. OBRIEN, 0000 ALLEN D. TODD, 0000 ANDRE S. FELDMAN, 0000 MICHAEL J. ONEILL, 0000 JENNIFER L. TOWN, 0000 DANIEL FELICIANO, 0000 ERNEST W. OSBORN, 0000 PETER K. TRUE, 0000 TERRY D. FELLOWS, 0000 CHERYL A. OUTLAW, 0000 MICHAEL D. TURCK, 0000 DANIEL FONCELLO, 0000 DAN E. PALMER, 0000 ELEANOR V. VALENTIN, 0000 KEVIN R. FORBES, 0000 JAMES J. PARENTE, 0000 LARRY F. VANDESSEL, 0000 DARRELL FOSTER, 0000 RICHARD D. PARISER, 0000 EDWIN A. VICTORIANO, 0000 MARK R. FOURNIER, 0000 WILLIAM L. PARTINGTON, 0000 FELIX C. VILLANUEVA, 0000 KENNETH T. FRIEDMAN, 0000 YOUNZETTA O. PAULK, 0000 CHRISTOPHER M. VITT, 0000 BRADLEY H. FUDGE, 0000 JIMMY A. PAYNE, JR., 0000 DAVID A. WAGNER, 0000 ROBBY D. FUENTES, 0000 DAVID A. PEARSON, 0000 CAROL L. WALKER, 0000 WAYNE T. FULLER, 0000 ROBERT C. PETERSEN, 0000 MARK A. WALKER, 0000 GARY L. FUSELIER, 0000 CATHERINE E. PETERSON, 0000 SHARON K. N. WALLACE, 0000 THOMAS L. GIBBONS, 0000 THOMAS J. PETRUCCI, JR., 0000 MARY E. WASHBURN, 0000 ROWLAND V. GILBERT, JR., 0000 THOMAS A. PHILLIPS, 0000 DALE V. WATKINS, JR., 0000 MICHAEL J. GIRGENTI, 0000 ANITA L. PIERCE, 0000 CAROLINE M. WEBBER, 0000 JOHN J. GOFF, 0000 RICHARD J. POOL, 0000 DENISE E. WEBER, 0000 ROLANDO GONZALEZ, JR., 0000 MARCUS L. POPE, 0000 CATHERINE A. WILSON, 0000 GRANT GORTON, 0000 ROSCOE C. PORTER, JR., 0000 RICHARD C. YAGESH, 0000 CURTIS L. GOSHEN, 0000 KARI A. PREMUS, 0000 ANN K. YOSHIHASHI, 0000 ANDRE M. GOULD, 0000 MARK A. QUINN, 0000 LAWRENCE P. GRABIEL, 0000 ALAN J. YUND, 0000 TODD M. RADEMACHER, 0000 BUNN F. GRAY, 0000 JOHN W. ZINK, 0000 MANUEL A. RAMOS, JR., 0000 FRANCIS S. GRIAK, 0000 JAMES E. RAULSOME, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MARTIN M. GROOVER, 0000 ZINA L. RAWLINS, 0000 POINTMENT TO THE GRADE INDICATED IN THE UNITED MITCHELL P. GROSS, 0000 THOMAS S. REA, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: JAY P. GULLEY, 0000 DANIEL F. REESE, 0000 CHRISTOPHER D. HADEN, 0000 To be lieutenant ‘‘L’’ J. REGELBRUGGE III, 0000 EDSEL R. HAISLIP, 0000 JOE S. RENELLA, 0000 COY M. ADAMS, JR., 0000 BART D. HALL, 0000 MICHAEL P. RILEY, 0000 DUWAYNE E. AIKINS, 0000 JAMES O. HAMMOND, 0000 THOMAS W. ROSE, 0000 AMY R. ALCORN, 0000 AMOS HARDY, 0000 CHARLES W. ALLEY, 0000 KEITH E. HARLOW, 0000 CURNESS P. RUSSELL, 0000 ROBERT C. ALLMON, 0000 MICHAEL L. HARRIS, 0000 ALBERTO G. SALUNGA, 0000 ROBERT J. ALLSHOUSE, 0000 CAROLYN Y. HARTLEY, 0000 MARKIEST D. SANDERS, 0000 MICHAEL W. ALTISER, 0000 STEPHEN M. HARVEY, 0000 ROBERT A. SAWVELL, 0000 KEVIN L. ANDERSEN, 0000 GEORGE R. HAW, 0000 GUY K. SCHMIDT, 0000 LEROY F. ANDERSON, 0000 CAROL D. HAYNES, 0000 GALES Y. SEATON, 0000 WILLIAM J. ANDREWS, 0000 CHRISTOPHER J. HEALY, 0000 FRANK M. SEGUIN, 0000 KENNETH J. ARMAND, 0000 ALTON J. HENAULT, 0000 DARREN S. SHAND, 0000 BURT H. ARRIGONI, 0000 JAMES H. HENDERSONCOFFEY, 0000 JOHN F. SHEEHAN, 0000 JAMES R. ATKINS, 0000 BILLY W. HENDRIX, 0000 MICHAEL SHELLENBARGER, 0000 MARLON A. AUSTIN, 0000 ROBERT A. HENLEY, 0000 JEFF A. SHIELDS, 0000 MARK I. AXINTO, 0000 MICHAEL R. HERKENHOFF, 0000 NICHOLAS R. SIEWERS, 0000 ROBERT B. BAILEY, 0000 WILLIAM J. HEWITT, 0000 JOHNNIE L. SIMPSON, 0000 MICHAEL W. BAKKER, 0000 DAVID D. HILES, 0000 KEVIN S. SKINNER, 0000 JOSEPH E. BANKS, 0000 TRACY L. HINES, 0000 MATTHEW P. SMALL, 0000 BARRY W. BARROWS, 0000 DAVID W. HODGE, 0000 RICKY D. SMALL, 0000 KEVIN K. BAUER, 0000 RONNIE D. HOLLADAY, 0000 GARY C. SMITH, 0000 RICKY A. BEATTY, 0000 CLYDE A. HOLMES, 0000 LOREN J. SMITH, 0000 JAMES A. BEAVERS, 0000 PAUL L. HOMAN, 0000 WAYNE A. SMITH, 0000 TODD D. BECKER, 0000 DARRELL L. HOOD, 0000 RONALD W. SPAULDING, 0000 STEPHANIE C. BELCHER, 0000 WILLIAM F. HOWELL, 0000 BYRON J. SPEARMAN, 0000 WILLIAM R. BELL, 0000 ROY R. HOYT, 0000 DAVID A. SPURLOCK, 0000 GREGORY L. BENTON, 0000 TIMOTHY M. HUNTER, 0000 GEOFFREY L. STAHRE, 0000 BRIAN R. BERTHIAUME, 0000 ROBERT M. HUNTINGTON, 0000 KEVIN E. STANHOPE, 0000 DANIEL P. BETHEL, 0000 SCOT M. HUSA, 0000 THOMAS D. STARKS, 0000 DANIEL R. BILLIG, 0000 ALFRED L. IANNACONE, SR., 0000 VINCENT J. STEPHENS, 0000 KEVIN E. BISSEL, 0000 WILLIAM G. JACKSON, 0000 FAITH E. STRAUSBAUGH, 0000 SCOTT S. BOISVERT, 0000 ELLEN M. JARVIS, 0000 TIMOTHY A. SUME, 0000 RANDY G. BOLLMAN, 0000 BERNETT P. JEFFERS, 0000 BIENVENIDO G. TAPANG, 0000 JAMES L. BOOTH, 0000 BERTRAM L. JENNINGS, 0000 ANTHONY C. TARANTO, JR., 0000 GERALD E. BOYD, 0000 WESLEY T. JOHNSON, 0000 DOUGLAS J. THORNTON, 0000 MICHAEL A. BOYTER, 0000 ROBIN L. JONES, 0000 SANFORD T. THORNTON, 0000 REGINALD S. BRIGGS, 0000 WILLIAM A. JONES, 0000 LEONARD TREADWAY, 0000 AUBREY E. BRITTIAN, 0000 GARY S. JOSHWAY, 0000 MARC W. TROSIEN, 0000 BRENT J. BROWN, 0000 GEOFFREY A. KAUFMAN, 0000 STEPHEN J. TRZCINSKI, 0000 CARL R. BROWN, 0000 DAWN M. KELLEHER, 0000 RENAN J. TULABUT, 0000 JIMMY BROWN, 0000 JAMES G. KELZ, 0000 TIMOTHY S. TURK, 0000 MARK H. BROWN, 0000 ELMER A. KIEL III, 0000 ROBERT W. VEIT, 0000 MICHAEL D. BRUCE, 0000 ANTHONY R. KING, 0000 BRYAN L. WADE, 0000 RICHARD M. BUCK, 0000 DANNY W. KING, 0000 ALLEN W. WALLACE, 0000 RUSSELL E. BUCKLEY, 0000 JOHN L. KLINE, 0000 STEPHEN D. WHISLER, 0000 CRAIG A. BUIST, 0000 JOSEPH J. LAFAVE, 0000 PAUL W. WILKES, 0000 RAYMOND W. BURKHARD, 0000 THERESA A. LAFOND, 0000 MATTHEW WILLIAMS, 0000 ALICIA K. BURSAE, 0000 HIRAM K. LAMB, 0000 WILLIAM G. WILLIS, 0000 EDWARD L. CALLAHAN, 0000 JOHN J. LANZONE, 0000 CHRISTOPHER WLASCHIN, 0000 CYNTHIA F. CAMPBELL, 0000 GARY P. LAWLER, 0000 SCOTT J. WOLFE, 0000 MICHAEL J. CAMPBELL, 0000 PAUL J. LAWRENCE, 0000 DAVID J. WUESTEWALD, 0000 JOHN D. CAPWELL, 0000 TERRISIANA D. LEE, 0000 DALE E. YAGER, 0000 THOMAS G. CARTER, 0000 LAWRENCE F. LENNOXBEALS, 0000 GREGORY C. ZACH, 0000 LEONARD W. CAVER, 0000 MICHAEL L. LEONARD, 0000 MICHAEL S. ZARTMAN, 0000 BRIAN J. CEBRIAN, 0000 THOMAS E. LIPSCOMB, 0000 MICHAEL A. ZURICH, 0000 MICHAEL E. CHAPMAN, 0000 JAMES A. LONG, 0000 THE FOLLOWING NAMED OFFICERS TO THE GRADE IN- JAMES CHASTAIN, 0000 ANN M. LONGBOY, 0000 DICATED IN THE UNITED STATES NAVAL RESERVE DAVID G. CLARK, 0000 MARCIA R. LOVE, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT J. CLARK, 0000 DAISY M. LUTTRELL, 0000 ROSEMARIE N. CLAYTON, 0000 MICHAEL D. MARKUS, 0000 To be captain JAMES M. COLEMAN, 0000 BRYAN E. MARTIN, 0000 KEITH D. COLLINS, 0000 MICHAEL L. MCDONALD, 0000 ROY I. APSELOFF, 0000 PATRICK CONROY, 0000 RICKY A. MCGLADE, 0000 EDWARD L. ARCAND, 0000 BRIAN T. COOL, 0000 DEIRDRE M. MCGOVERN, 0000 STEPHEN E. ARMSTRONG, 0000

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DENNIS J. BAKER, 0000 BRADLEY B. HOMES, 0000 PAUL R. PRENTISS, 0000 JEFFREY T. BAKER, 0000 RICKY L. HORNE, 0000 ALICE A. PRUCHA, 0000 JOSEPH J. BALDAUF, 0000 THOMAS M. HUGHES, 0000 TIMOTHY W. PUCKETT, 0000 BRYAN K. BALL, 0000 PETER A. HUSTA, 0000 SCOTT J. PURSLEY, 0000 NICHOLAS D. BARONE, 0000 DAVID K. INMAN, 0000 THOMAS E. PUTMAN, 0000 LAWRENCE P. BEAL, 0000 JAMES A. ISOM, 0000 MARY C. QUIGLEY, 0000 FRED L. BEAVERS, 0000 CHARLES G. IVEY, 0000 ARTHUR R. RANDOLPH, 0000 ROBERT L. BEILKE, 0000 RICHARD B. JACOBS, 0000 MARK H. RATACZAK, 0000 JOHN R. BELL, 0000 DONNA W. JASITT, 0000 EDWIN M. RAU, 0000 ROBERT C. BENTON, 0000 LEOPOLD F. JOH, 0000 JOHN P. REBERGER, 0000 BLAKE W. BIGGS, 0000 PETER C. JOHANSEN, 0000 ROBERT K. REEVE, 0000 JEFFREY E. BLACKBURN, 0000 MELANIE M. JOHNSON, 0000 JAMES S. REID, 0000 DAVID R. BLAKE, 0000 MICHAEL JOHNSON, 0000 SCOTT A. RIGGIN, 0000 THOMAS J. BONANNO, 0000 CRAIG S. KAIN, 0000 CHARLES B. ROBERTS, 0000 PAUL BRANUM, 0000 WILLIAM F. KAUFFMAN, 0000 STEVEN M. ROBERTSON, 0000 ROBIN R. BRAUN, 0000 JOHN S. KELLY, 0000 PETER J. ROMANO, 0000 MARY J. BROWN, 0000 JAMES J. KILPSTRICK III, 0000 LINDA J. ROSEBERRY, 0000 MICHAEL J. BROWNE, 0000 JAMES S. KING, 0000 SANDRA T. BUCKLES, 0000 JEFFREY KIRKWOOD, 0000 GARY W. ROSHOLT, 0000 KARL P. BUNKER, 0000 JOHN C. KIRTLAND, 0000 SHARON L. F. ROSS, 0000 ERIC C. BURGESS, 0000 JEFFREY L. KNUTSON, 0000 JAMES R. ROYS, 0000 CAROLYN A. CALOMENI, 0000 ALVIN F. KOLPACKE, 0000 GARY T. RYAN, 0000 CARL E. CARSON III, 0000 KEVIN E. KOODA, 0000 RICHARD W. SANDELLI, 0000 MATTHEW CHABAL, 0000 GEORGE W. KORCHOWSKY, 0000 RALPH P. SCAFFIDI, 0000 STEPHEN M. COBBE, 0000 K. J. KROPKOWSKI, 0000 PETER G. SCHAEDEL, 0000 JOHN R. COCHRANE, 0000 ROBERT E. KUEHNEL, 0000 MICHAEL C. SCHAUF, 0000 SEAN J. COLEMAN, 0000 PARKER C. KULDAU II, 0000 DANIEL J. SCHENKE, 0000 JAMES F. COLLINS III, 0000 MICHAEL S. KYNETT, 0000 DAVID M. SCHLAGEL, 0000 DENIS R. CONKEY, 0000 WILLIAM A. LARICK, 0000 KAREN A. SCHMIDT, 0000 MARY T. COPELAND, 0000 JONATHAN E. LATHROP, 0000 STEVEN A. SCHMIDT, 0000 WILLIAM N. COPELAND, JR., 0000 JAMES K. LIMING, 0000 GARY A. SEFFEL, 0000 DAVID C. COPLEY, 0000 THOMAS J. LINDBERG, JR., 0000 JAMES A. SEIDEL, 0000 RICHARD S. CORNISH, 0000 ROBIN A. LINN, 0000 STEVEN W. SELVIG, 0000 WILLIAM S. COUCH, 0000 DAVID M. LIVINGSTON, 0000 STEVEN M. SHARKEY, 0000 JOHN T. COUNTS, 0000 BRADLEY J. LUNSFORD, 0000 ALEXANDER V. SHARP, 0000 JOHN B. E. CUNNINGHAM, 0000 PETER D. MACKAY, 0000 MICHAEL R. SIDROW, 0000 PAUL K. DANNER III, 0000 MICHAEL D. MADDOCKS, 0000 LEE E. SMITH, JR., 0000 MARK W. DAVIDOSKI, 0000 DAVID J. MAHONEY III, 0000 SHAWN L. B. SMITH, 0000 ROBIN A. DAVIDSON, 0000 CHARLES W. MALLORY, 0000 PETER E. SPAULDING, 0000 GREGORY B. DILLON, 0000 RANDY V. MARBURGER, 0000 CAROLYN M. STABACH, 0000 WILLIAM N. DONOVAN, 0000 TIMOTHY J. MARCOTTE, 0000 MICHAEL D. STAMAND, 0000 LAFE A. DOZIER, 0000 JEROME K. MATHRE, 0000 GEORGE P. SUGARS, 0000 MARK M. DRAKE, 0000 CHRISTOPHER W. MAY, 0000 TODD P. TARBY, 0000 DANNY G. EAST, 0000 GARY A. MAYNARD, 0000 ROBERT M. TATA, 0000 SHARON ELAINE, 0000 DENNIS B. MCBROOM, 0000 KEITH L. TAURMAN, 0000 ROBERT T. ELDER, 0000 JETT C. MCCANN, 0000 JAMES C. TAYLOR, 0000 LAWRENCE A. ELLIOTT, 0000 STEVEN J. MCCLAIN, 0000 KENNON P. TEMPLE, 0000 WILLIAM O. ENGVALL, 0000 MALCOLM C. MCCOLLUM, 0000 KENNETH J. THIELMAN, 0000 BARRY C. ERB, 0000 JOHN J. MCCORMACK, JR., 0000 MICHAEL J. TOOMEY, JR., 0000 STEPHEN C. ERTMAN, 0000 KEVIN S. MCCORMACK, 0000 LEE A. TOUGAS, 0000 THOMAS J. FACER, JR., 0000 DAVID T. MCDANIEL, 0000 ALAN A. TUCKER, 0000 CHARLES D. FASNACHT III, 0000 GARY W. MCDONALD, 0000 GUY W. TURNQUIST, 0000 FREDERICK C. FEARNOW, 0000 ANNE MCDONNELL, 0000 DAVID F. TUROCY, 0000 JACK A. FEDEROFF, 0000 JAMES B. MCGEE, 0000 ROBERT D. VANDYKEN, 0000 MICHAEL P. FERGUSON, 0000 PATRICK E. MCGRATH, 0000 VICTOR J. VANHEEST, 0000 STEVEN A. FILLIPOW, 0000 DAVID G. MCRAE, 0000 JOHN M. FLYNN, 0000 STEPHEN R. MERRILL, 0000 PETER H. VANNESS, 0000 ALVIN FORD, 0000 LISA N. MEUNIER, 0000 STEPHEN J. VESTER, 0000 BARBARA G. FORD, 0000 ROBIN D. MEYER, 0000 CARL E. VONBUELOW, 0000 JOSEPH E. FRACK, 0000 SCOTT R. MICHEELS, 0000 JILL H. VOTAW, 0000 GLENN D. FUGATE, 0000 DANIEL P. MILLER, 0000 HERBERT W. WADSWORTH, 0000 MARK FULENWIDER, 0000 MARK M. MILLER, 0000 JOHN M. WALSH, 0000 ROBERT D. GARDNER, 0000 ROBERT G. MINER, 0000 STEVEN D. WALTON, 0000 JOSEPH A. GELSOMINO, 0000 FRED J. MINGO, JR., 0000 MICHAEL E. WARNER, 0000 WILLIAM S. GOULD, 0000 REBECCA H. MINTON, 0000 RONNY D. WASHINGTON, 0000 RUSSELL J. GRANIER, 0000 JAMES E. MONAHAN, 0000 AARON D. WATTS, 0000 KATHRYN T. GRAY, 0000 KEVIN E. MOONEY, 0000 LAWRENCE L. WEBB, 0000 BETTY L. GRIER, 0000 ANTHONY H. MURRAY III, 0000 KURT M. WEIGEL, 0000 JAMES E. GRISWOLD, 0000 MARK L. NESTLE, 0000 RICHARD L. WESTON, 0000 JOHN T. GWYNN, 0000 STEPHEN D. NICHOLS, 0000 DANIEL WHITSETT, 0000 HAYDEN G. HABY, JR., 0000 WALLY R. NICKOLI, 0000 ROBERT E. WILCOX, 0000 DAVID D. HAINES, 0000 PEGGY A. OLEARY, 0000 CALVIN R. WILDER, 0000 REBECCA C. HAMPTON, 0000 DANNY T. ONEIL, 0000 NORRIS O. WILLIAMS, 0000 DAVID L. HARDWICK, 0000 ORIAN W. OTT II, 0000 SCOTT W. WILSON, 0000 NORMAN G. HAWKINS, 0000 CHARLES B. PAINTER, 0000 WARD T. WILSON, 0000 CHARLES E. HENRY, 0000 HAROLD R. PAUL, 0000 CHESTER W. WONG, 0000 EDWIN S. HENRY, 0000 MARK J. PAWLAK, 0000 WINSTON D. S. WOOD, 0000 MARTHA E. G. HERB, 0000 KEITH M. PEECOOK, 0000 JAMES B. WRIGHT III, 0000 WILLIAM P. HESSION, 0000 JEANPIERRE PLE, 0000 DAVID W. YIP, 0000 RICHARD J. HIEL, 0000 LUIS E. POSADA, 0000 KARL S. YOUNG, 0000 KAY M. HOLT, 0000 ANNE K. S. POWER, 0000 JOSEPH R. ZERBO, 0000 FREDDIE L. HOLYFIELD, 0000 MICHAEL H. PRECHT, 0000 JOHN D. ZIMMERMAN, 0000

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 9801 E:\2000SENATE\S04AP0.REC S04AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E483 EXTENSIONS OF REMARKS

THE CONTRIBUTIONS OF PRESI- needed tax break, while encouraging produc- 35 SIKHS MURDERED IN INDIAN– DENT AND MRS. RONALD tive investment to create jobs. He is more than CONTROLLED KASHMIR REAGAN a leader who strengthened our national defense. He is more than a leader who made HON. DAN BURTON HON. LINDSEY O. GRAHAM these United States of America the sole su- OF INDIANA OF SOUTH CAROLINA perpower on the face of this Earth. He is a IN THE HOUSE OF REPRESENTATIVES man that took away the infliction of malaise, IN THE HOUSE OF REPRESENTATIVES Tuesday, April 4, 2000 which filled us as a nation with fears and Tuesday, April 4, 2000 doubts, and replaced it with a sense of hope Mr. BURTON of Indiana. Mr. Speaker, on the evening of Monday, March 20, 2000, in a Mr. GRAHAM. Mr. Speaker, I regret that I and a sense of price. Ronald Reagan is more Sikh village located in the Indian-controlled was unavoidably detained in South Carolina than just a great President, President Ronald side of Kashmir, several armed men roused yesterday. Had I been present, I would have Reagan is an American Icon. Sikh villagers from their homes, lined up 35 of voted ``aye'' on the bills H.R. 1089 and H.R. Mr. President and Mrs. Reagan I say Thank the men, and shot them to death. According to 3591. You. Thank you for your patriotism, thank you Associated Press (AP) reports, witnesses said President and Mrs. Reagan stand as shining for your service, and thank you for your lead- the gunmen entered the village about 7 p.m., examples to all Americans. I have often told ership. Mr. President and Mrs. Reagan it is my dressed in what appeared to be Indian army audiences around the nation that we should honor to support awarding you the Congres- uniforms. They knocked on doors, forced the have a man as president whom everyday sional Gold Medal. adult men to come out with their identity Americans can point to as a role model to cards, lined them up in two groups and their children, a man whom they can respect, f opened fire. and a man they can trust. Ronald Reagan was IN HONOR OF THE OHIO JUNIOR There has been much speculation about such a man. He played a key role in my own CLASSICAL LEAGUE who is responsible for these gruesome mur- decision to get involved in politics. Ronald ders. India claimed that Kashmiri militants Reagan is a man that people trust, a man that HON. DENNIS J. KUCINICH were responsible for the massacre, and ac- made America feel good about itself again. cused neighboring Pakistan of supporting the As First Lady, Nancy Reagan carried herself OF OHIO rebels. On the eve of President Clinton's visit with dignity and grace and used her time in IN THE HOUSE OF REPRESENTATIVES to India, and considering Pakistan's current the nation's spotlight to focus America's atten- Tuesday, April 4, 2000 situation, it is difficult for me to believe that tion on the negative impacts of drug abuse, Pakistan would take this sort of a risk to their especially among young people. Mrs. Reagan Mr. KUCINICH. Mr. Speaker, I rise today to honor the Ohio Junior Classical League for relationship with the United States. has been a brilliant example for all Americans That is why I am inserting into the RECORD who have loved ones that require long term their continued celebration of the classics. Formed in 1936, the National Junior Clas- a press release from Dr. Gurmit Singh Aulakh, care, and has continued her work to combat President of the Council of Khalistan. Dr. youth drug abuse. sical League (NJCL) is an organization of junior and senior high school students sponsored Aulakh, who has conducted a peaceful, demo- I can think of no two people more deserving cratic, nonviolent effort for a free and sov- of our recognition of their dedication to public by the American Classical League. Composed of local and state/provincial chapters across ereign Khalistan, suggests that this, as the AP service, than Nancy and Ronald Reagan. That reported, may be the handiwork of the Indian is why I am an original cosponsor of H.R. the United States, Canada, and Australia, it is the largest Classical organization in the world government. 3591, and deeply regret that I was not able to Mr. Speaker, the Indian government has today with over 55,000 members. Its purpose support it with my vote yesterday. murdered over 250,000 Sikhs since 1984; is to encourage an interest in and an appre- f 200,000 Christians in Nagaland since 1947; ciation of the language, literature and culture more than 65,000 Kashmiri Muslims since HONORING OUR 40TH PRESIDENT of ancient Greece and Rome and to impart an 1988; and tens of thousands of Assamese, RONALD REAGAN AND MRS. understanding of the debt of our own culture Manipuris, Tamils, and Dalits. With a track NANCY REAGAN to that of Classical antiquity. record like that, I certainly believe that Dr. The NJCL holds a yearly convention in late Aulakh's assertion merits a closer look. HON. J.C. WATTS, JR. July or early August. This year's convention INDIAN GOVERNMENT MURDERS 35 SIKHS OF OKLAHOMA will be held in Tallahassee, Florida, at the RAW AGENTS POSE AS KASHMIRI MILITANTS— IN THE HOUSE OF REPRESENTATIVES Florida State University Similarly, the OJCL holds yearly conventions in Columbus, Ohio, CONTINUES PATTERN OF PITTING MINORITIES AGAINST EACH OTHER Tuesday, April 4, 2000 in March. These conventions give a chance WASHINGTON, DC, March 21—Thirty-five Mr. WATTS of Oklahoma. Mr. Speaker, due for students to compete and have fun with oth- (35) Sikhs were murdered in Kashmir today to a family medical emergency I missed Re- ers who share their love for Latin. This year, by agents of the Indian government’s Re- corded Votes No. 96 and No. 97 on April 3, during the weekend of March 10±12, 2000, search and Analysis Wing (RAW) posing as 2000. Had I been present I would have voted over 900 Latin students and their teachers Kashmiri militants. There are over 700,000 ``aye'' on both bills. from across Ohio gathered in Columbus for Indian troops stationed in Kashmir, yet the Mr. Speaker, yesterday, this House consid- the 50th OJCL State Convention. In addition murderers disappeared without detection. ered legislation to honor two of the finest peo- to the competitions normally found on the The murders were carried out during Presi- dent Clinton’s visit to South Asia. ple to ever grace our country with their serv- schedule, the OJCL incorporated events to Dr. Gurmit Singh Aulakh, President of the ice. These two individuals urged us to win one recognize fifty years of OJCL history. Council of Khalistan, strongly condemned for the Gipper, and guaranteed us it was In a period of diminishing participation in the murders. ‘‘These murders are evil, cow- morning in America. They taught us to Just classical languages, the OJCL has been able ardly, and stupid acts designed to pit one Say No. They brought economic security back to keep the classical enthusiasm alive with 55 community against another and prop up In- to our country, and moral values back to our local Latin clubs across the state. The OJCL dia’s image for the President’s visit,’’ Dr. nation. And most importantly they slew the has been able to keep young people inter- Aulakh said. ‘‘Whoever carried out these beast known as Soviet communism. Of course ested in and appreciative for the language, lit- brutal acts, they are cowards,’’ he said. ‘‘They may escape justice in this world, but I refer to President and Mrs. Reagan. erature, history, and culture of classical civili- they will face the justice of God. That will be President Ronald Reagan is more than just zations. worse for them.’’ a great American President. He is more than My fellow colleagues, please join with me in ‘‘Sikhs and Kashmiris are allies in the a leader who gave the working family a much honoring OJCL on their continued success. struggle for freedom,’’ said Dr. Aulakh.

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

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AP8.000 pfrm13 PsN: E04PT1 E484 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2000 ‘‘What motive would Kashmiri freedom visit to India this week, people in this de- Clinton, who has called Kashmir ‘‘the most fighters have to kill Sikhs? This would be es- pressed, wintry city at the political heart of dangerous place in the world,’’ has repeat- pecially stupid when President Clinton is the disputed, violence-torn region are pray- edly expressed interest in helping to defuse visiting. The freedom movements in Kash- ing for just the opposite. the tensions and to nudge India and Paki- mir, Khalistan, Nagaland, and throughout Today, in the worst single attack on civil- stan back toward dialogue. But Indian au- India need the support of the United States,’’ ians in a decade of guerrilla war, unidenti- thorities are adamantly opposed to any for- he said. Khalistan is the Sikh homeland de- fied gunmen massacred 35 Sikh men in the eign intervention in the dispute, and have clared independent on October 7, 1987. Kashmiri village of Chati Singhpura Mattan, declared they will not resume talks with The murders continue a pattern of divide- wire services reported. Security officials had Pakistan until it stops arming and training and-rule terrorism by the Indian govern- feared that armed Pakistan-based insur- Kashmiri insurgents. ment. The government has recently tried to gents, who have stepped up attacks here in In interviews over the weekend, some blame Sikhs for the murder of Christian mis- recent months, might stage a dramatic at- Srinagar residents said they were skeptical sionary Graham Staines by arresting a tack during Clinton’s stay in India. that Clinton’s talks with Indian leaders Hindu man who uses the alias Dara Singh. Clinton condemned the attack in Kashmir. could make any difference. They said the Every Sikh male uses Singh in his name. Yet ‘‘On behalf of the president and all Ameri- United States was too concerned with bigger it was reported at the time of the Staines cans let me express our outrage at the at- issues, such as trade and nuclear non-pro- murder that he and his two sons were burned tack on a village in Kashmir last night,’’ liferation, to let Kashmir become an irritant to death in their jeep by a mob chanting White House spokesman Joe Lockhart told to improving relations. ‘‘Victory to Hannuman,’’ a Hindu god. That reporters in New Delhi. ‘‘Clinton is coming as a guest, so he won’t Many Kashmiris believe that only a world mob was affiliated with the Fascist RSS, the want to embarrass his hosts. What he says in leader of Clinton’s stature can put pressure parent organization of the ruling BJP. In No- America shout Kashmir may not be what he on Indian officials to start meaningful nego- vember 1994, the Hitavada reported that the says here,’’ said Masood Ahmed, 30, another tiations with Pakistan over the moun- shopkeeper in Lal Chowk. ‘‘He already Indian government paid the late Governor of tainous, predominantly Muslim border re- knows that thousands of people have been Punjab, Surendra Nath, $1.5 billion to orga- gion where separatist sentiment is strong, killed in Kashmir, but he is only coming to nize and support covert state terrorism in guerrilla violence is rapidly rising and In- see the Taj Mahal.’’ Punjab, Khalistan, and in Kashmir. The book dian troops patrol with an iron fist. ‘‘Soft Target’’, written by two respected Ca- ‘‘If Mr. Clinton can make a difference in [From the New York Times, Mar. 21, 2000] nadian journalists, proved that the Indian places like Chechnya and Bosnia, why not in 35 MASSACRED IN SIKH TOWN IN KASHMIR government blew up its own airliner in 1985, Kashmir?’’ said Shah Khan, 22, who sells SRINAGAR, India, Tuesday, March 21 (AP).— killing 329 people, to blame the incident on shirts and pants in the teeming alleys of Lal Gunmen rounded up and killed 35 Sikh vil- the Sikhs and provide an excuse for more re- Chowk bazaar. ‘‘We are happy because at lagers in the disputed state of Kashmir, the pression and bloodshed. This is a well-estab- least his visit will bring some attention to police said today as President Clinton began lished modus operandi of RAW. our problems, but we wish he would come to a visit to India. The Indian government has murdered over Kashmir and see for himself. Then we would The massacre on Monday night was the 250,000 Sikhs since 1984, according to figures all tell him one thing; we want freedom.’’ first major attack on the small Sikh commu- compiled by the Punjab State Magistracy But this message is highly unlikely to nity in Kashmir since separatist Muslims and human-rights organizations. The figures reach Clinton’s ears or the Indian capital started their insurgency 10 years ago. Sikhs were published in ‘‘The Politics of Genocide’’ this week. On Sunday, about 50 Kashmiri are considered a neutral minority, but In- by Inderjit Singh Jaijee. The government independence activists were arrested and dian officials had warned earlier of violence has also killed over 200,000 Christians in jailed as they tried to board buses that by Muslim militants hoping to draw atten- Nagaland since 1947, more than 65,000 Kash- would take them to New Delhi for a protest tion to Kashmir during Mr. Clinton’s visit. miri Muslims since 1988, and tens of thou- rally near Parliament, where Clinton is Both India and Pakistan claim the Hima- sands of Assamese, Manipuris, Tamils, scheduled to speak Wednesday. layan territory and have fought two wars Dalits, and others. The U.S. State Depart- In a brief interview in jail today, the over it. ment reported that the Indian government group’s leader, Shabir Shah, 44, said they had The gunmen were not immediately identi- paid more than 41,000 cash bounties to police been tear-gassed and dragged into police fied and no group claimed responsibility for to murder Sikhs. Amnesty International re- vans as they prepared to leave. He said the the attack, the police said. cently reported that there are thousands of group, which seeks Kashmiri independence Mr. Clinton arrived in New Delhi, 400 miles political prisoners, including prisoners to from India, had planned to stage a peaceful to the south, on Monday evening after a visit conscience, held in Indian jails without rally and a symbolic hunger strike. to Bangladesh. He has said that reducing charge or trial. Some Sikh political pris- ‘‘President Clinton says he wants to help tensions between India and Pakistan is one oners have been in this illegal detention ease tensions in the region, and he will be of his objectives of the trip. since 1984. talking with India and Pakistan, but we Many Kashmiris were hoping that the ‘‘This shows that there is no freedom for wanted to tell him that it is futile until we president’s visit would lead to a break- minorities in India,’’ Dr. Aulakh said. ‘‘For Kashmiris are taken into account,’’ Shah through in the long deadlock on the region’s minorities, India is no democracy,’’ he said. said. future. ‘‘As U.S. Congressman Dana Rohrabacher Kashmir, which is divided between India Mr. Clinton’s spokesman, Joe Lockhart, said, for the minorities ‘India might as well and Pakistan, has been the major source of expressed outrage over the killings, saying be Nazi Germany.’ ’’ friction between the two neighbors and nu- in a statement that ‘‘our most profound ‘‘I urge President Clinton and Ambassador clear powers for a generation. Since the sympathies go out to the victims of this bru- Richard Celeste to confront India on these early 1990s, the Indian-occupied part has tal massacre.’’ brutal murders, as well as the recent harass- been the site of a violent conflict between The attackers entered the village of Chati ment of journalist Sukhbir Singh Osan, get- anti-India insurgent groups and Indian secu- Singhpura Mattan after dark and forced the ting Sikh and other political prisoners re- rity forces, which has cost tens of thousands residents from their homes, police officials leased, and the ongoing, massive, and brutal of lives. Last summer, a 10-week border con- said. human-rights violations against Sikhs and flict in the Kargil mountains left hundreds The assailants separated the men from the other minorities,’’ Dr. Aulakh said. ‘‘If the dead. women, announcing that they were con- United States wants to see an end to these Today’s attack on the Sikhs seemed to rep- ducting a ‘‘crackdown,’’ Indian security incidents, it should support self-determina- resent an especially gruesome escalation of forces operate similarly when searching a tion for Khalistan, Kashmir, Nagaland, and violence and attempt at ethnic cleansing in neighborhood for militants that they suspect all the other nations seeking their freedom the Kashmir Valley, where Muslims domi- may be hiding there. The gunmen then from India,’’ Dr. Aulakh said. ‘‘Only a free nate the population and the insurgency has opened fire on the men, killing 35 of them. Khalistan will end India’s corruption, tyr- become increasingly directed by Islamic One man was critically wounded. anny and genocide against the Sikh Nation,’’ groups based in Pakistan. The victims were Sikhs have lived mostly undisturbed in the he said. ‘‘India is on the verge of disintegra- separated from their families by unidentified Kashmir Valley, the only area in predomi- tion. The Sikh leadership should imme- gunmen who entered their village after dark nantly Hindu India with a Muslim majority. diately begin a ‘‘Shantmai Morcha’’ to lib- and shot them. Many run the trucking companies that sup- In the past, Kashmiri insurgent groups erate our homeland, Khalistan.’’ ply the valley. have concentrated on military targets and In the last six months, attacks by the mili- [From the Washington Post, Mar. 21, 2000] have denounced terrorism against civilians. tants have focused on army bases and patrols But in recent weeks, there have been a half- rather than random terrorism, and have NEAR CLINTON’S INDIA VISIT, VIOLENCE dozen attacks on Hindu truck drivers and on shown a higher degree of training and exper- FLARES IN KASHMIR scattered villages of Kashmiri Pandits, or tise, senior army officers have said. They (By Pamela Constable) local Hindus, many of whom were violently said about 3,500 militants were in Kashmir, SRINAGAR, India March 20.—While their driven from the region years ago. Now Sikhs, and many of them had infiltrated the cease- government and most of their countrymen who have lived peaceably in northern Kash- fire line from Pakistan, with the help of the are hoping President Clinton will play down mir for years, appear to have become their Pakistan army. Pakistan denies giving ac- the sensitive topic of Kashmir during his latest target. tive aid to the militants.

VerDate 202000 05:15 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AP8.004 pfrm13 PsN: E04PT1 April 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E485 The area of the Sikh village is about 42 I also want to offer congratulations to Head Bay City Post Trooper of the Year award, the miles from Srinagar, Kashmir’s summer cap- Coach Gino Auriemma. Coach Auriemma has 1991 Bay City Post Trooper of the Year ital, and is controlled by armed Kashmiri led the Huskies to two National Champion- award, and the 1984 National Police Associa- groups that abandoned separatism and were recruited by the Indian army as a ships, including an undefeated season in tion Professional Excellence award. counterinsurgency auxiliary force. 1994±1995. He is widely viewed as one of the Mr. Speaker, I think it is fair to say that Ser- foremost coaches in collegiate basketball. He geant Zimmerman has always worked hard to f and his entire coaching staffÐChris Daily, protect the men, women, and children, who CONGRATULATING THE UNIVER- Tonya Cardoza and Jamelle ElliottÐdeserve rely daily on the courage and commitment of SITY OF CONNECTICUT WOMEN’S much credit for the Huskies' success this sea- our State troopers. Likewise, I think it is also BASKETBALL TEAM ON WINNING son and throughout the 1990s. fair to state that Sergeant Zimmerman has THE 2000 NCAA NATIONAL CHAM- Mr. Speaker, I believe it is safe to say that provided steadfast guidance and leadership to PIONSHIP the UConn Women's Basketball program was his fellow officers. Such individuals are rare, one of the two most dominant in the nation in and deserve our eternal thanks for dedicating the 1990s. Over the past decade, UConn won their lives to protecting ours. HON. SAM GEJDENSON 313 games, 2 national titles, 8 Big East cham- Mr. Speaker, I invite you and our colleagues OF CONNECTICUT pionships, including 7 straight, and played in to join me in wishing the best in retirement for IN THE HOUSE OF REPRESENTATIVES the NCAA tournament every year. Only Ten- this dedicated public servant. It is my hope Tuesday, April 4, 2000 nessee won more games. UConn's perform- that Sergeant Zimmerman enjoys his new- ance has helped to elevate the national profile found time with his family, his wife Kriste, and Mr. GEJDENSON. Mr. Speaker, today I of women's basketballÐand women's sports daughters Kayna, Jennifer and Molly. Again, congratulate the University of Connecticut in generalÐto an unprecedented level. The on behalf of the many families in our neighbor- Women's Basketball team on winning the team can take pride in this achievement as hoods that Sergeant Zimmerman has devoted 2000 NCAA National Championship in out- much as any other. his life to protecting and serving, I extend sin- standing fashion over the Tennessee Lady I also believe that it goes without saying that cere and heartfelt words of thanks and appre- Volunteers. This is the second National Cham- the Huskies' fans are among the most dedi- ciation, and offer my congratulations for his pionship for the Huskies in five years. As a cated in the nation. The Huskies have been distinguished career. graduate of the University of Connecticut, I number one in the nation over the past six f join the UConn community as well as resi- years in home attendance attracting more than dents throughout eastern Connecticut and 983,000 fans. Fans from across the state and IN HONOR OF THE RETIREMENT across our State in celebrating an incredible throughout New England travel to every game OF JOSEPH J. EGLIN, JR., AS- team effort and season. at Gampel Pavilion and the Hartford Civic SISTANT DIRECTOR FOR HIGHER Anyone who watched the game on Sunday Center. The enthusiasm of the Huskies' fans EDUCATION ISSUES, HEALTH, night cannot dispute the fact that the Huskies was evident this weekend as more than EDUCATION AND HUMAN SERV- are far and away the best team in women's 20,000 people attended the women's cham- ICES DIVISION, UNITED STATES basketball. From the opening tip through the pionship game in Philadelphia. GENERAL ACCOUNTING OFFICE final buzzer, the Huskies dominated on of- Mr. Speaker, I am proud to join every resi- fense and defense on route to a 71 to 52 vic- dent of Connecticut and fans across the nation HON. WILLIAM F. GOODLING toryÐthe second largest margin of victory ever in congratulating the University of Connecticut OF PENNSYLVANIA in a women's NCAA championship game. The Women's Basketball team on winning the IN THE HOUSE OF REPRESENTATIVES Huskies demonstrated once again why the 2000 NCAA National Championship. Tuesday, April 4, 2000 program was the number one team in the na- f tion for every single week of the 1999±2000 Mr. GOODLING. Mr. Speaker, I want to take season. Sue Bird directed an incredible offen- A TRIBUTE IN HONOR OF SGT. this opportunity to offer my congratulations to sive attack with a combination of assists, scor- DELBERT L. ZIMMERMAN, JR. Joseph (Jay) Eglin, Jr. on his retirement from ing and hustle. All-American Shea Ralph, who the U.S. General Accounting Office [GAO]. earned Tournament MVP honors, dem- HON. JAMES A. BARCIA Jay has served the Congress and the public in onstrated the tenacity on offense and defense OF MICHIGAN a long and distinguished career at the GAO which has become her trademark. She led the IN THE HOUSE OF REPRESENTATIVES that has spanned more than 37 years. team with 15 points and finished the year as Jay began his career in the Los Angeles the team's leading scorer averaging more than Tuesday, April 4, 2000 Regional Office and he is ending his career in 14 points per game. Mr. BARCIA. Mr. Speaker, today I honor a Washington where he serves as the assistant All-American Svetlana Abrosimova, MVP of fine gentleman, Sgt. Delbert L. Zimmerman, director for Higher Education Issues in the the East Regional final, sparked the Huskies' Jr. of Saginaw, MI, on the occasion of his re- Health, Education and Human Services Divi- with an early 3-point bucket on her way to an- tirement from the Michigan Department of sion. He has played a vital role throughout the other spectacular game on both sides of the State Police. years in identifying problem areas within the ball. She scored 14 points and finished the For 25 years Sergeant Zimmerman has student loan program and providing solutions season averaging more than 13 points per served in Michigan as an officer with the State to long standing problems. Most importantly, game. Kelly Schumacher, who stepped into Police. He began his distinguished career as some of those solutions have saved the Fed- the starting lineup mid-season, was smoth- a civilian radio operator with the Michigan De- eral taxpayers millions of dollars that would ering on defense setting a tournament record partment of State Police in 1974. On March have otherwise been lost to fraud and abuse with 9 blocked shots. Swin Cash added offen- 23, 1975, he was appointed to the 89th Re- within the program. sive punch scoring 9 points while finishing the cruit School as an enlisted member and grad- My committee has come to rely on Jay for season averaging nearly 10 points per game. uated on July 17, 1975, whereupon he was solutions to numerous issues that arise in the As UConn has demonstrated throughout the assigned to a post in Jackson, MI. context of administering a very large and com- season, winning the championship was truly a Sergeant Zimmerman was transferred to my plicated student loan program. His sugges- team effort. Every player made contributions home town of Bay City, MI, on March 25, tions and recommendations for improvements throughout the game and over the course of 1984, where he initially worked as a K±9 han- have been invaluable over the years and es- the season enabling the Huskies to compile a dler. He was promoted to the rank of sergeant pecially during the reauthorization of the High- 36 and 1 record and, ultimately, to win another and assigned to a post in Flint, MI, on June er Education Act in 1998. He was instrumental National Championship. Asjha Jones, who 28, 1988. Two years later he again returned to in helping the committee quantify the rapid in- provided depth off the bench all season, Bay City. On August 2, 1992, he transferred to creases in tuition and fees at colleges and uni- scored 12 pointsÐmore than all but one Ten- the Traffic Services Section and was assigned versities across the country. This year, his in- nessee player. Tamika Williams, Kennitra to the Third District Headquarters. Last week, volvement in the market mechanisms study re- Johnson, Paige Sauer, Stacy Hansmeyer, on March 31, Sergeant Zimmerman retired quired by the Higher Education Act has helped Marci Czel, Keirsten Walters and Christine from his post. to move forward so that a timely report will be Rigby each played important minutes in the During his distinguished career, Sergeant delivered to Congress. It is no easy task given championship game and throughout the Zimmerman has received many awards. Time the various interests represented by the study course of the season. dictates that I only mention a few: the 1988 group and the complex issues involved.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AP8.005 pfrm13 PsN: E04PT1 E486 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2000 I want to wish Jay the very best in his retire- PERSONAL EXPLANATION Dennis Vadini has enjoyed a long and suc- ment on behalf of our committee members cessful Union career. He worked his way up who have come to admire and respect his HON. SOLOMON P. ORTIZ the ladder in the Teamsters Local 52, begin- commitment to the improvement of education OF TEXAS ning as chief steward with the Union, and then in America. IN THE HOUSE OF REPRESENTATIVES becoming Trustee in 1980. He also served as Vice-President and President of the Local 52 Tuesday, April 4, 2000 f before reaching his current position as Sec- Mr. ORTIZ. Mr. Speaker, during the fol- retary Treasurer and Principal Officer. In addi- CENTRAL NEW JERSEY HONORS lowing rollcall votes, I was out in my district on tion, Dennis is Co-chairman of Ohio Bakery THE MEMORY OF JEREMIAH F. official business. Had I been present, I would Division of the Ohio Conference of Teamsters, REGAN have voted as indicated below. and serves on the Medical Mutual Health Care Rollcall No. 96Ð``yes''; rollcall No. 97Ð Advisory Council. Because of his commitment ``yes.'' to organized labor and his concern for improv- HON. RUSH D. HOLT f ing the lives of his fellow human beings, Den- nis is now being honored by the Cleveland OF NEW JERSEY A FOND FAREWELL TO DEPUTY SECRETARY OF DEFENSE DR. State of Israel Bonds. IN THE HOUSE OF REPRESENTATIVES JOHN HAMRE My fellow colleagues, please join me in honoring Dennis Vadini, Secretary Treasurer and Tuesday, April 4, 2000 HON. J.C. WATTS, JR. Principal Officer of the International Brother- hood of Teamsters Local 52. Mr. HOLT. Mr. Speaker, I rise today in OF OKLAHOMA memory of one of central New Jersey's most IN THE HOUSE OF REPRESENTATIVES f distinguished citizens, Jeremiah F. Regan. To- Tuesday, April 4, 2000 night the city of Oceanport will be officially TRIBUTE TO THE LATE JOSEPH G. dedicating the Jeremiah F. Regan Library/ Mr. WATTS of Oklahoma. Mr. Speaker, recently, I was saddened to hear that the De- CIRILLO Media Center, a fitting tribute to a man who partment of Defense is losing one of its great- put such great effort into improving education est minds and greatest public servants. Dr. HON. CURT WELDON in New Jersey. John Hamre is leaving his post as Deputy Jeremiah Regan was born in Skibbereen, Secretary of Defense to move into the private OF PENNSYLVANIA Ireland, and came to the United States in sector. Dr. Hamre has had a long and distin- IN THE HOUSE OF REPRESENTATIVES 1932. He served in the Army during World guished career of public service in the defense Tuesday, April 4, 2000 War II, and became a United States citizen community. while serving in Germany. After leaving the In his two and a half year tenure as Deputy Mr. WELDON of Pennsylvania. Mr. Speaker, Army, he worked for Western Electric, and Secretary of Defense he initiated improved today I pay my respects and honor Joseph G. Cirillo, a long-time friend and community lead- then came to work at the Electronics Com- business practices, improved defenses against er in Haverford Township, PA, who passed mand at Ft. Monmouth in Eatontown, NJ. cyberterrorism, and improved defense against biological and chemical warfare. Clearly, our away on March 22 at the age of 60. While at Ft. Monmouth, Jerry Regan earned national security has been strengthened by his Joe Cirillo's life was centered around serv- many honors, including, in 1984, the Depart- diligence in these and other areas. ice to othersÐhe was a devoted family man, ment of the Army Exceptional Civilian Service Before his position as Deputy Secretary of a man of deep faith and a generous and hard- AwardÐthe highest award the Army gives to Defense he served as Comptroller of the De- working community leader. After serving in the civilians. partment of Defense. He had moved to the Navy, Joe enrolled at Widener University and Jerry served on the school board in Department of Defense from the Senate later received a master's degree in counseling Oceanport for 30 years, and served as presi- Armed Services Committee where he served and human relations from Villanova University. dent from 1976 to 1984. From 1988 to 1990 as a professional staff member. His public service spans almost thirty years he served as president of the New Jersey Dr. Hamre is not only an extraordinary civil working on all the many important areas fac- School Boards Association. While with the servant, but a good man and good friend. The ing the townshipÐparks and recreation and NJSBA, Jerry worked tirelessly for students in Center for Strategic and International Studies zoning, to name a few. At the time of his (CSIS) will be well served with the addition of New Jersey, putting special efforts into advo- death he was Haverford Township Commis- Dr. Hamre. I would like to thank Dr. Hamre for cating for early childhood education programs. sioner and Chairman of the Township's Re- his years of service to the American people, In 1998, Jerry received the Milestone Award publican Party organization. Although his polit- and wish him all the best with his future en- ical leadership gave him high profile as a Re- from the NJSBA in recognition of his 30 years deavors with the CSIS. publican, his community involvement extended of service to the children and families in his f beyond just politics. His work as personnel di- community. IN HONOR OF DENNIS J. VADINI rector at Fair Acres, Delaware County's geri- Jerry also served on the Save Our Fort atric center, placed him in an environment Committee with me and Representative FRANK where his concern, compassion and devotion PALLONE, working tirelessly to see that Ft. HON. DENNIS J. KUCINICH to duty were in evidence on a daily basis. Monmouth remains an active and integral part OF OHIO Joe and his childhood sweetheart, Cathy of the community. Jerry continued to work for IN THE HOUSE OF REPRESENTATIVES Dupal, recently celebrated their 40th wedding his community until his unfortunate passing in Tuesday, April 4, 2000 anniversary. Besides his wife, he is survived 1999. I was proud to call him a friend and still Mr. KUCINICH. Mr. Speaker, I rise today to by a son, Joseph; daughters Theresa McLean, count his wonderfully warm wife of 44 years, honor Dennis J. Vadini, Secretary Treasurer Susan Ferry and Cathy Koval; five grand- Pinky, as a good friend. and Principal Officer of the International Broth- children; and a brother, Vincent, of Philadel- phia. My deep sympathy goes out to Joe's Mr. Speaker, one word has constantly re- erhood of Teamsters Local 52 in Cleveland, Ohio. wife, Cathy, to their children, grandchildren appeared in this statement, and that word is Dennis Vadini was born and raised in and to his brother, Vincent. served. Jeremiah F. Regan truly lived a life of Parma, Ohio. He graduated from Parma High The entire community knows Joe as a man service, and represents the best that central School and then served in the United States who could be counted on in every situation. If New Jersey has to offer. He was an immi- Navy from 1968±72. After returning to Cleve- ever a man lived his faith, it was Joe Cirillo. grant, like so many of my constituents today, land, Dennis immersed himself in labor stud- Joe was an extraordinary man who went and like them, he gave himself wholeheartedly ies, first at Cuyahoga Community College and above and beyond what was needed because to making New Jersey, and America, a better then at Cleveland State University. He also of his sincere desire to help his fellow man. place. I hope the House will join me in recog- earned several certificates in labor law, labor We will all miss Joe, but we count as blessing nizing Jerry's accomplishments, and in com- negotiations, and other labor-related subjects all the many wonderful memories of his life mending Oceanport for creating this lasting from Ohio State University's Continuing Edu- and work. Mr. Speaker, our region has lost a memorial to one of its great citizens. cation program. great leader, and I have lost a good friend.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AP8.008 pfrm13 PsN: E04PT1 April 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E487 [From the Philadelphia Inquirer, Mar. 23, WOMEN’S HEALTH RESEARCH 2000 EMERGENCY SUPPLEMENTAL 2000] APPROPRIATIONS ACT JOSEPH G. CIRILLO, A GOP LEADER HON. ROSA L. DeLAURO SPEECH OF (By William Lamb) HON. KEN BENTSEN Joseph G. Cirillo, 60, a Haverford Township OF CONNECTICUT OF TEXAS commissioner and chairman of the town- IN THE HOUSE OF REPRESENTATIVES ship’s Republican Party organization, died IN THE HOUSE OF REPRESENTATIVES yesterday of an apparent heart attack at Tuesday, April 4, 2000 Wednesday, March 29, 2000 Delaware County’s Fair Acres Geriatric Cen- ter, where he was director of personnel. Ms. DELAURO. Mr. Speaker, I stand today The House in Committee of the Whole House on the State of the Union had under Mr. Cirillo had represented Haverford’s to draw your attention to the critical need for consideration the bill (H.R. 3908) making Third Ward on the township’s Board of Com- Congressional commitment to support re- emergency supplemental appropriations for missioners since 1995, when he was appointed search for women's health research. As a sur- the fiscal year ending September 30, 2000, and to fill the seat vacated by the death of Ste- for other purposes: phen Campetti. In 1997, he was appointed to vivor of ovarian cancer myself, and on behalf the Haverford Authority, a body charged of the millions of women who suffer debili- Mr. BENTSEN. Mr. Chairman, I rise in reluc- with recommending uses for the 239-acre site tating diseases, the advancement of women's tant support of the Fiscal Year 2000 Supple- of the former Haverford State Hospital. health must be a national priority. mental Bill, which provides over $9 billion in emergency funds for this year. This bill pro- Mr. Cirillo’s political allies and foes de- Historically, women's diseases have sat on scribed him as a diligent worker who devoted vides $5 billion for ongoing operations in much of his free time to his party and com- the ``backburner'' of research agendas. But Kosovo, $2.2 billion for natural disaster assist- munity. one hundred years ago when many women ance, $2 billion additional funds for the De- A native of West Philadelphia, Mr. Cirillo did not live through menopause, women were fense Department, and $1.7 billion in assist- graduated from St. Thomas More High not represented in elected offices as they are ance to Colombia, Peru, and to fight narcotics School in 1957, an achievement he noted now. Today, women are not only 12% of this traffickers. proudly with a personalized license plate: While I support the Supplemental Appropria- ‘‘STM 1957.’’ House, but also 50% of the American workforce and the primary caregivers in our tions bill, I have strong reservations about After serving in the Navy, Mr. Cirillo took using this legislation as a vehicle to cir- a job with Acme Markets at the supermarket homes. Our daily health greatly affects the chain’s West Philadelphia warehouse at 59th productivity of America and the quality of life cumvent the regular appropriations process. Many initiatives and decisions contained in Street and Upland Way. He enrolled at Wid- for our children and families. We need to con- this bill should be part of the regular FY 2001 ener University after chronic back problems tinue to fight aggressively to make women's forced him to leave the job, and later re- appropriation process rather than trying to slip ceived a master’s degree in counseling and health research a national priority. under the past and current year spending lev- human relations from Villanova University. Too many times, chronic health conditions els. This bill reduces the non-Social Security In 1959, he married Cathy Dupal, whom he affecting women have been labeled and dis- budget surplus for this year by about 35%. had known since childhood. The couple missed as ``psychosomatic.'' Yet, we know Such efforts don't speak well for the often-stat- moved to Haverford in 1966. through medical research that these ``women's ed Congressional pledges to pay down the Mr. Cirillo immersed himself in his com- conditions'' are real diseases with real biologi- debt. Too often under this GOP leadership, munity, and in the Republican organization the term ``emergency'' is misunderstood and cal causes. Chronic conditions are often asso- that ran it. He served on the township’s misused. This Emergency Supplemental re- ciated with significant medical costs as pa- parks and recreation board in the early 1970s. quest should not be an opportunity to evade He was appointed to the Zoning Hearing tients and providers seek to identify the root of spending caps for non-emergency items. Board in 1980 and was elected chairman in the problem, rule out other conditions, and find 1993. I supported the increases of the Lewis- a satisfactory approach to managing and treat- By the mid-1980s, Mr. Cirillo was first vice Spence amendment, which would provide $4 president of the township Republican coming the illness. billion in additional emergency funds, mostly mittee, eventually taking control of the The Friends of the National Institute of targeted at maintaining critical need areas local party organization in 1994 after the res- Nursing Research recently sponsored a brief- under the Department of Defense. While it ignation of Hugh A. Donaghue. would be preferable to consider this funding ing that I was pleased to support, ``Reaching during the regular budget process, I believe Until his ally Fred Moran failed to win re- Gender Equity in the 21st Century: A Re- appointment as commissioners chairman in the military has urgent needs in the areas January, Mr. Cirillo was Haverford’s undis- newed Focus on Women's Health.'' The brief- specified by the amendment. Under the puted GOP boss. Despite rumors of an effort ing highlighted the need for increased re- amendment, an additional $4 billion will be to depose him as party chair, Mr. Cirillo had search into chronic conditions that affect provided to fund the operations and training of said this week that he planned to seek re- women and their productivity. currently deployed forces, as well as provide election to the post next month. The briefing featured two chronic conditions much-needed increases for the military health He began working for Delaware County in care program, personnel recruiting and reten- 1982 as a human resources information and that disproportionately affect women during tion, and improvements to military housing. referral specialist. In 1987, he was appointed their prime working years, irritable bowel syn- However, this amendment underscores the fal- personnel director at Fair Acres, the coun- drome (IBS) and migraine headaches. IBS is ty’s geriatric center in Lima, a position he lacy of the Majority's FY 2001 Budget Resolu- held until his death. a common intestinal disorder characterized by tion adopted last week. recurring abdominal pain and abnormal bowel ‘‘I don’t know anyone that can’t say that The Supplemental Appropriations bill does Joe was the most loyal and hard-working Re- functions. IBS affects as many as 50 million include important funding for fighting the drug publican in this township,’’ said Joan Americans, predominately women, and is a war in Colombia and providing the military with Genthert-Giangiulio, a former Haverford leading cause of absenteeism at work. adequate funding levels to pay for rising fuel commissioner who befriended the Cirillos in Many successes have been achieved in costs; health care and repairing damages to 1969. ‘‘He was one of the guys that did all of military facilities caused by recent hurricanes, the work—he didn’t delegate much—and I medical research of women's health, for which think it’s going to be a big loss.’’ floods and other natural disasters is under- I am personally grateful. All of us have bene- standable. These are truly unforseen costs. Mr. Cirillo’s political opponents also ac- fited from the advances in medical research I decided to support the Emergency Supple- knowledged his contributions yesterday. and the resulting technology. But it has been mental because the assistance package for ‘‘I was impressed that his community in- only in the last 10 years that women have Colombia is a vital priority and is clearly in our volvement extended beyond just politics,’’ been included in clinical trials. We have a long said State Rep. Gregory S. Vitali (D., Dela- nation's fundamental interest. Colombia is the ware), acknowledging Cirillo’s involvement road ahead of us and many challenges to source of more than 80 percent of the cocaine at St. Denis Church. meet. We can not rest on the laurels of our and much of the heroin that enters the United Besides his wife, he is survived by a son, past. Instead, we must dedicate ourselves to States. In fact, Colombia produces 60 percent Joseph; daughters Theresa McLean, Susan advancing our national women's health re- of the world's cocaine crop, an astonishing 90 Ferry and Cathy Koval; five grandchildren; search agenda. I intend to do just that. percent of which makes its way to the U.S. and a brother, Vincent, of Philadelphia. The cost of illegal drugs to the U.S. is $110

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AP8.014 pfrm13 PsN: E04PT1 E488 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2000 billion a year, and the U.S. Drug Czar, Barry such, I supported the motion to recommit the tool where people could visit and learn about McCaffrey has reported that illegal drugs ac- bill back to the Appropriations Committee with their own heritage and the heritage of others. count for 114,000 American deaths a year. instructions that it be reported back to the full Thus, the Brooklyn Polish American Home Assisting Colombia is clearly in the interest of House with sufficient domestic drug prevention was born. The Home's objective is to further our nation and especially in the interest of our funding. While this effort failed, I hope the Ad- not only Polish ideals, but the ideals of the en- nation's youth. ministration and the Majority take important tire community; in addition it serves as a civic, In 1999, Colombia's President Pastrana un- steps to address the demand side of the drug social, and recreational center. veiled a proposal, known as Plan Colombia, to problem in this country. If we are to truly With a goal of serving the community, and address the country's drug production and civil eradicate drugs from our streets, we must rec- with generous donations from the entire area, conflict. The Government of Colombia has es- ognize that when there is a demand, there will a parcel of land was purchased on April 10, timated that $7.8 billion will needed over the always be a willing supplier. 1935. The Home serves not only as a meeting next three years to reverse the country's role Finally, Mr. Chairman, I sincerely hope that, place, but as a builder of futures for young as the hemispheric center for drugs, rebuild its should this bill progress, the leadership will people. The Home managed to establish a economy and bolster its democratic institu- pare back spending which is not truly emer- Scholarship Trust Fund, awarding grants to tions. gency. Much of this bill can be considered high school graduating seniors entering col- But as we offer assistance to Colombia, it is under the regular appropriations process for lege or any other approved higher education important that we include tangible means for FY 2001. We should be reticent to completely institution. The first grant was provided in measuring the actions of the government-sup- ignore spending caps for the current fiscal 1971, and through 1999 a total of 81 individ- ported forces. We must ensure that the funds year as this bill does. uals had received financial assistance, totaling we provide to Colombia are utilized in a man- f over $32,200. ner consistent with our national interest. That The Home has not been without hardships, is why I supported the amendment offered by IN RECOGNITION OF THE 60TH though. Throughout the years, numerous ren- my colleague from Wisconsin, Mr. OBEY that BIRTHDAY OF NEAL TRAVIS ovations have been done to the Home. In the would have delayed funding for military hard- late 1980's, two fires caused substantial ware and training contained in the Colombia HON. GARY L. ACKERMAN amounts of damage and had to be renovated again. As a result of the generosity and in- assistance package until July 15, 2000. The OF NEW YORK volvement of the entire Brooklyn community, amendment would have provided for imme- IN THE HOUSE OF REPRESENTATIVES diate funding of all drug interdiction efforts sufficient funding was acquired making these under the Administration's plan, but with with- Tuesday, April 4, 2000 extensive repairs possible. The fact that the held military aid until sufficient review by Con- Mr. ACKERMAN. Mr. Speaker, I rise today House was able to overcome these challenges gress. The delay would have provided the to pay tribute to Neal Travis, one of New is a testament to the character, will and stam- Committee on Armed Services, the Committee York's most celebrated newspaper columnists ina of the community's residents. on International Relations, and the Select and writers, on the occasion of his 60th birth- My fellow colleagues, I ask you to join in Committee on Intelligence time to hold hear- day. honoring the 65th Anniversary of the Brooklyn ings about the conflict in Colombia and the Neal Travis' insightful analysis of the New Polish American Home. need for this kind of hardware and training be- York scene has educated and entertained f fore the funds are appropriated. those in the big apple for many, many years. PERSONAL EXPLANATION I believe the funding contained in the aid His column in the New York Post, Neal Travis' package should not serve as a blank-check for New York, has covered all aspects of life and HON. XAVIER BECERRA the Colombian military to engage in actions has attracted the attention of all segments of OF CALIFORNIA that may violate human rights, including the our society. His blend if wit, sarcasm, compas- IN THE HOUSE OF REPRESENTATIVES killing of innocent civilians. It is important to sion and searing observations have inspired, remember that since 1987, it has been re- motivated and always informed New Yorkers. Tuesday, April 4, 2000 ported that more than 35,000 noncombatant Born in New Zealand, Neal Travis emigrated Mr. BECERRA. Mr. Speaker, due to a com- civilians have been murdered or made to dis- to the United States in 1964 where he served mitment in my district on Thursday, March 30, appear by the Colombian security forces and as a foreign correspondent for Rupert 2000, I was unable to cast my floor vote on their paramilitary allies. While President Murdoch's News Corporation. He then rose rollcall numbers 89±95. The votes I missed in- Pastrana has made important strides in restor- quickly up the ladder and secured his own col- clude rollcall vote 89 on Agreeing to the Ka- ing the rule of law and improving the human umn in the New York Post. Some 15 years sich Amendment; Rollcall vote 90 on Agreeing rights record of the military, the U.S. should after its inception, Neal Travis' New York is to the Weldon Amendment; rollcall vote 91 on act very carefully before appropriating funds to more popular than ever. Agreeing to the Stearns Amendment; roll call any army with such a decidedly bloody record. Mr. Speaker, I ask my colleagues in the vote 92 on Agreeing to the Paul Amendment; I also believe this legislation should have in- House of Representatives to join me today in rollcall vote 93 on Agreeing to the Tancredo cluded drug prevention measures to reduce sending our warmest congratulations to Neal Amendment; rollcall 94 on the Motion to Re- the demand for illegal drugs in the United Travis on his 60th birthday. Life in New York commit with Instructions; and rollcall vote 95 States. Such an effort must be part of a com- will always be more significant and exciting on Passage of H.R. 3908, Making Emergency prehensive U.S. anti-drug strategy. Indeed, I because of his presence and his gift with the Supplemental Appropriations for F.Y. 2000. find it ironic that we're considering an emer- written word. Had I been present for the votes, I would gency supplemental bill in the House of Rep- f have voted ``aye'' on roll call votes 90, 94 and resentatives whose emergency status is in 95. I would have voted ``nay'' on roll call votes part due to the production of illegal drugs in IN HONOR OF THE 65TH ANNIVER- 89, 91, 92, and 93. Colombia, without one dollar in the bill being SARY OF THE BROOKLYN POLISH f AMERICAN HOME, INC. used for drug prevention in the U.S. BIRTHDAY TRIBUTE TO DEACON Illegal drugs are killing our kids at an alarm- WILLIE MARTIN, SR. ing rate. In 1998, five million young people in HON. DENNIS J. KUCINICH this country required treatment for drug addic- OF OHIO HON. CARRIE P. MEEK tion, and nearly 600,000 required an emer- IN THE HOUSE OF REPRESENTATIVES gency room visit. In the United States, there OF FLORIDA are 1.6 million drug-related arrests annually, Tuesday, April 4, 2000 IN THE HOUSE OF REPRESENTATIVES and over half of our prison population com- Mr. KUCINICH. Mr. Speaker, I rise today in Tuesday, April 4, 2000 mitted drug-related crimes. Even more dis- honor and celebration of the 65th Anniversary Mrs. MEEK of Florida. Mr. Speaker, it is in- turbing, while the average age for marijuana of the Brooklyn Polish American Home, Inc. deed a great honor to extend my heartfelt con- users in increasing, heroin abusers are getting Established in 1935 when South Brooklyn gratulations to Deacon Willie Martin Sr., as he younger. The cost of drug abuse to our soci- was a growing community full of various ethnic celebrates his 100th birthday on April 8, 2000 ety is estimated to be $110 billion per year, backgrounds, the community felt a cultural in Pineland, South Carolina. Congressman but it is much higher if measured in countless center should be established. This center JAMES E. CLYBURN, my distinguished col- lives lost and young dreams broken. This would serve, not only as a meeting place for league from the 6th District of South Carolina, problem, Mr. Chairman, is staggering. As the entire community, but as an educational joins me in this tribute.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AP8.016 pfrm13 PsN: E04PT1 April 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E489 Although our celebrant lives in South Caro- arm the fiercest of opponents and ultimately school, and to their sport. Their recent suc- lina, he travels to Miami-Dade County to visit result in their affection and respect. cess at both the state and national levels is a his daughter, Mrs. Rosanna McCormick, who Jim's devotion to his friends and family was deserved reward for many days' hard work has been a resident of the city of Opa-Locka well known. Jim loved talking to people and done well and done right. since 1950. Deacon Martin's grandson, getting to know people. In addition, he loved Freddie L. Judson (Rosa), also resides in collecting cars and most of allÐspending time f Miami-Dade County. Accordingly, our cente- with his two kids. TRIBUTE TO RETIRING WAYNES- narian is an ex-officio resident of the 17th We offer our heartfelt condolences to all of VILLE SCHOOL DISTRICT SUPER- Congressional District of Florida, and I am ex- Jim's family and especially to Theresa, Jimmy INTENDENT ERWIN MORRISS tremely delighted indeed to have the privilege and Laura. of representing the members of his immediate f family. HON. IKE SKELTON I take this opportunity to pay tribute to Dea- IN HONOR OF SAINT EDWARD OF MISSOURI con Martin for the exemplary life with which HIGH SCHOOL WRESTLING IN THE HOUSE OF REPRESENTATIVES God saw fit to bountifully bless him. The hall- mark of excellence that defined his life for a HON. DENNIS J. KUCINICH Tuesday, April 4, 2000 century truly evokes a magnificent longevity of OF OHIO Mr. SKELTON. Mr. Speaker, it has come to service to others in his role as a deacon of IN THE HOUSE OF REPRESENTATIVES my attention that a long and exceptionally dis- Bethel Baptist Church in Pineland, South tinguished career is nearing an end. Mr. Erwin Carolina. Amidst the ever-enduring presence Tuesday, April 4, 2000 Morriss, of Waynesville, Missouri, is retiring of God, our celebrant has touched people Mr. KUCINICH. Mr. Speaker, I rise today to after 39 years in the education profession. from all walks of life through his genuine con- honor the members of the Year 2000 state Mr. Morriss began his career in 1961 as a secration to both their social, moral and spir- champion Saint Edward High School wrestling biology teacher and athletic coach at Jefferson itual enhancement. team. Their four-year hold on Ohio high school City High School. In 1966, he became a His charitable spirit deeply nurtured his wrestling's top honor shows no sign of weak- teacher, coach and athletic director for Mary- home into an oasis of love and encourage- ening. ville schools. After that, he started his 31 ment for his family and countless others who The Saint Edwards High School wrestling years of service to the Waynesville School sought refuge and comfort within its sanctuary team, year in and year out, finds a way to District as the Wood Junior High School As- for so many years. Deacon Martin's centennial keep their edge. This past month, the team sistant Principal. Mr. Morriss moved to birthday is indeed a joyous occasion when his won its fourth straight state championship, Waynesville High School in 1970 to be the As- loved ones and friends can truly take comfort winning in resounding fashion. The Eagles' sistant Principal, and then served as the Prin- in giving testimony to his exemplary dedication final tally of 186.5 points was nearly 100 cipal for four years. He assumed the duties of to his Christian stewardship. points greater than the second place finishers. Waynesville R±VI School District Assistant Su- Buttressed by his faith and his willingness to Five individual state champions set the tone perintendent in 1976 and was named Super- serve others under the aegis of his church, for the Eagles' overwhelming dominance. Sen- intendent in 1991. God has truly seen fit to bless him with the iors Mason Lenhard and Mark Jayne each Mr. Morriss has earned numerous awards longevity of an extraordinary life. The happy won their third titles. Jayne and senior Ryan during his career. Most recently, he was a re- occasion on April 8, 2000 will eloquently sym- Bertin both finished undefeated. Freshman cipient of ``The Eddy Award'' presented by bolize a historic testimony of the respect and Ryan Lang and senior Zak Schweda round out Governor Mel Carnahan for the school dis- admiration he has forged in his community the Eagles' roster of title winners. trict's Governor's Choice Award. In 1997, he and church-family. The 2000 Eagles squad fulfilled with ease was a Pearce Award Nominee for the ``Out- I wish him warmest congratulations on this the sort of expectations that any sporting dy- standing Missouri School Administrator,'' magnificent milestone of his life! nasty raises. This year's state championship South-Central District of the Missouri Associa- f was the school's sixteenth all-time, a new tion of School Administrators. Also in 1997, state record. St. Edward's point total for the Mr. Morriss received the Department of the HONORING JAMES H. ‘‘JIM’’ 2000 state tournament was the third highest in Army Commander's Award for Public Service PATTERSON Ohio history. The Eagles' total of five indi- for his meritorious service to the Fort Leonard vidual state champions was one short of the Wood community and the education of military HON. GEORGE RADANOVICH all-time state record. The journey to Columbus children. The Missouri State Teachers Asso- OF CALIFORNIA was a difficult one: the Eagles grappled ciation recognized him as Missouri's Adminis- IN THE HOUSE OF REPRESENTATIVES through what was widely recognized as the trator of the Year in 1990 and the toughest schedule in school history. Taking on Waynesville-St. Robert Chamber of Com- Tuesday, April 4, 2000 the best teams from across the nation, the Ea- merce named him as Citizen of the Year in Mr. RADANOVICH. Mr. Speaker, I rise to gles were undefeated, finishing 14 and 0. 1987. honor James H. PattersonÐa devoted father, The 2000 Saint Edward wrestling team was, An active participant in his community, Mr. husband, friend and transportation industry in a way, all about the journey. As Coach Morriss belongs to many civic and profes- leaderÐwho passed away Saturday morning. Gregg Urbas commented, ``What we have is a sional organizations. He is a member and Jim Patterson was 55 years old and resided in room full of the hardest working kids you'll former chairman of the Waynesville City Plan- Blackhawk, CA, with his wife Theresa, son ever see, and they are very coachable. They ning Commission, a member and past presi- Jimmy and daughter Laura. all love this sport. Their work ethic is con- dent of the Waynesville-St. Roberts Lions Before moving to California, Jim was born tagious. Those qualities will take you a long Club, as well as a member of the Waynesville- and raised in Portland, OR, and the proud son way in this sport. All of our 16 state champion- Fort Leonard Wood Armed Services Young of Howard and Dorothy Patterson. Jim was ship teams were a little different. This team is Men's Christian Association, the United Meth- with United Parcel Service since 1966 and loaded with wrestlers who kept improving odist Church of Waynesville, Masonic Lodge was serving as vice president of Public Affairs week by week.'' No. 375, and the Association of the United for the Northwest Region upon his formal re- Saint Edward's dominance doesn't end at States Army. Mr. Morriss also belongs to the tirement in December. Jim had served in the state level. Two Eagles recently played American Association of School Administra- many positions during his tenure, including pivotal roles in Ohio's state team's winning the tors, the Missouri State Teachers Association, being one of the youngest regional managers national championship. Mason Lenhard and the Waynesville Community Teachers Asso- in the history of the company. Ryan Bertin both won national titles in setting ciation and the Phi Delta Kappa Education Jim was truly a remarkable person. He had the pace for a ``buckeye smackdown'' at Honor Fraternity. the respect of everyone that had the pleasure Duquesne University in Pittsburgh, Pennsyl- As he prepares to spend more time with his to work with him. Jim's keen insight and vania. wife, Susan, his son, Michael, and his daugh- knowledge of the industry was unparalleled. My fellow Members of Congress, join me in ter, Lindy, I know all Members of Congress His uncanny ability to assess complicated po- congratulating the 2000 state champion Saint will join me in paying tribute to my friend Erwin litical situations and offer appropriate remedies Edward wrestling team. The Eagle grapplers Morriss and in wishing him the best in the was remarkable. And Jim's humor would dis- do honor to my district, to my state, to their days ahead.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AP8.021 pfrm13 PsN: E04PT1 E490 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2000 CONGRATULATING THE PEOPLE County, and for being an exemplary model of HOMILY SUPPORTING CLEVELAND OF TAIWAN FOR SUCCESSFUL strength and honor. AREA HOSPITALS CONCLUSION OF PRESIDENTIAL It is people like Chief Hinson who keep our ELECTIONS AND REAFFIRMING families and neighborhoods safe, who work HON. DENNIS J. KUCINICH UNITED STATES POLICY TO- hard each and every day for our protection, OF OHIO WARD TAIWAN AND PEOPLE’S and who teach us about the importance of fire IN THE HOUSE OF REPRESENTATIVES REPUBLIC OF CHINA safety to whom we owe our sincerest appre- Tuesday, April 4, 2000 ciation. I thank Chief Hinson and wish him all SPEECH OF the best in his retirement. Mr. KUCINICH. Mr. Speaker, in Cleveland, HON. THOMAS M. DAVIS Ohio we are battling to keep two area hos- f pitals open. I insert for printing in the RECORD OF VIRGINIA the following homily given by Rev. Dr. Joseph IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION W. Skrha at Our Lady of Lourdes in Cleve- Tuesday, March 28, 2000 land, Ohio on Sunday, March 12, 2000. This Mr. DAVIS of Virginia. Mr. Speaker, I rise to homily expresses the need for accessible support H. Con. Res. 292, Congratulating Tai- HON. JULIA CARSON healthcare for all citizens regardless of eco- wan on Its Recent Elections. OF INDIANA nomic status, race, or religion. The government of Taiwan is a representa- Good morning: IN THE HOUSE OF REPRESENTATIVES tive democracy. On March 18, 2000, the citi- Today is the first Sunday of Lent. Lent is zens of the Republic of China (ROC) on Tai- Tuesday, April 4, 2000 a time in the Christian church during which it is suggested that we put aside activities wan exercised their right to vote and elected that would distract us and to focus in on who Mr. Chen Shui-bian as their new President Ms. CARSON. Mr. Speaker, I was unavoidably absent yesterday, Monday, April 3, 2000, Jesus was and is, for us, now. and Ms. Annette Hsui-Lien Lu as the new Who was He? Vice-President. The popular vote election was and as a result, missed rollcall votes 96 and What did He do? held in accordance with the ROC's Constitu- 97. Had I been present, I would have voted What did He say? tion and the people of Taiwan turned out in ``yes'' on rollcall vote 96 and ``present'' on roll- How did He act? call vote 97. To whom did He address himself? record numbers to vote. Over 82 percent of How much suffering did this cause him? Taiwan's 15 million citizens voted, making it Being rejected by the establishment, he f one of the highest turnouts ever. suffered and suffered death. As we enter into Despite rhetoric and brinkmanship from the his suffering, may we enter his victory and CONGRATULATING LAMAR UNI- resurrection at Easter. mainland, the people of Taiwan have clearly VERSITY’S MENS BASKETBALL expressed their determination to build a free I wish to reflect the last sentence from to- TEAM day’s Gospel: ‘‘the kingdom of God is at and democratic society. The U.S. should con- hand, repent and believe in the Gospel’’—be- tinue our strong support for Taiwan's security. lieve in the Gospel. What is the Gospel? It is Taiwan is and continues to be a strong U.S. HON. NICK LAMPSON the good news that Jesus shared with his dis- ally. The people of Taiwan have voted their ciples and followers 2000 years ago. Did it OF TEXAS conscience. Given the events that have hap- have meaning for two sisters 116 years ago? pened over the past several years, it is in IN THE HOUSE OF REPRESENTATIVES Does it have meaning for us now? I believe it did, and still does. These words give us America's best interest to promote peace in Tuesday, April 4, 2000 the Taiwan Straits. strength and meaning in this present age. On July 17, 1884 two Franciscan Sisters ar- The people of Taiwan should be congratu- Mr. LAMPSON. Mr. Speaker, I rise today to rived in Cleveland from Lafayette, Indiana lated for the democratic outcome of its presi- congratulate Lamar University's Mens Basket- with the clothes on their backs and two dol- dential election. In addition, I hope that all of ball team for their success this season and lars between them. After arriving at the my colleagues will join me in congratulating their return to the NCAA Tournament. Their train station, they were met by a Franciscan the people of Taiwan for their continuing ef- return to March Madness took 17 years, but Priest and escorted to a small house at the forts to develop and sustain a free, democratic they made alumni like myself and fans of the corner of Broadway and McBride, formerly society that not only respects human rights but basketball program proud. occupied by the Poor Clare Sisters. In this embraces free markets as well. building they were to establish St. Alexis This was Lamar's fifth trip to the tour- Hospital. The area was rather poor with the This election again demonstrates that Tai- nament, and the first since the 1983 season. majority of the residents being recently ar- wan is a vibrant democracy and I look forward Lamar finished the season with a 15±16 rived immigrants from Central Europe. to working with the new government of Presi- record, and headed down the road to tour- To save money on soap, the Sisters mixed dent-elect Chen Shui-bian on issues of mutual nament competition with a victory at the sand with the soapy waters when washing concern. CenturyTel Southland Basketball Classic. In the floors. f Once they walked 7 miles to receive a mon- their first game in the Classic, the No. 7 seed- etary donation of $1.00 and they walked back TRIBUTE TO MACON-BIBB COUNTY ed Cardinals triumphed over the No. 2 seed in order to keep the one dollar bill intact. FIRE CHIEF JIMMY HINSON Louisiana-Monroe with a 66±62 win. They At the celebration commemorating 25 then went on to win games against Southwest years in 1909, the main speaker was Dr. Texas and Northwestern State to capture the George Crile who later on started up the HON. SAXBY CHAMBLISS tournament. Cleveland Clinic. He described the charity work done at St. Alexis Hospital. In its first OF GEORGIA Lamar had the unfortunate luck to draw the IN THE HOUSE OF REPRESENTATIVES year, 25 patients were cared for, all were No. 1 team in the country, the Duke Blue Dev- charity cases. Up to 1909, 20,400 patients had Tuesday, April 4, 2000 ils, as their first round opponent in the Big been treated and of those, 15,021 were charity Mr. CHAMBLISS. Mr. Speaker, today I want Dance. However, the underdogs from Texas cases and only 1,003 had paid full rates. All to recognize a great American and someone put up a fight, and gave Duke a run for their creeds and nationalities were admitted on an money. Mike Dean, the first year Lamar equal basis. In 1902, of the 2,300 patients who has continuously served as Chief of the treated, Catholics accounted for less than Macon-Bibb County Fire Department for the coach, and the fans who made the trip could only be pleased with the grit and determina- one-fourth. The history of this hospital is past 24 years, Jimmy Earl Hinson. rooted in charity care given to people of all Chief Hinson began fighting fires in 1961, tion with which the team played. races and all religious backgrounds. and, as Chief, he was instrumental in turning Mr. Speaker, the members of the basketball In 1906, Dr. Crile performed the first the Macon-Bibb County Fire Department into a team from my Alma Mater made me proud, human to human blood transfusion in the Class One department. His leadership, integ- and it is truly an honor to recognize them world. One of the Miller brothers who lived rity, and compassion are well known, and his today. They have shown amazing effort and locally was dying because of a great loss of blood. With crude instruments, Dr. Crile did retirement is a deep loss to our community. are an example of just how far dedication and a direct transfusion from one brother to the We owe a tremendous debt of gratitude to hard work can get you. I offer my congratula- other and a life was saved. It is ironic that Chief Hinson for his commitment and hard tions on an outstanding season, and I look for- the Cleveland Clinic which was founded by work, for putting his life on the line to protect ward to watching them succeed again next Dr. Crile wants to terminate the life blood of and serve the people of Macon and Bibb March. Saint Michael Hospital.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AP8.029 pfrm13 PsN: E04PT1 April 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E491 The Gospel is about what Jesus said and and leave this community without a hos- away on official business. Had I been present, did. He spent his time with the poor, minis- pital. I would have voted ``yes'' on both. tering to their needs. Saint Michael Hospital Lent did not begin for this community on Ash Wednesday. It began last Monday, has a history of 116 years healing the sick, f primarily the poor and rejected. March 6, 2000 when it was announced that a Jesus restored sight to the blind. How wealthy hospital was buying and closing us many patients have had their sight restored down. Those who attended the rally at Our PERSONAL EXPLANATION with the many cataract operations. Jesus Lady of Lourdes last Monday, those con- raised persons from the dead. How many tinuing their efforts to resist closure, name- times have patients been resuscitated from ly political leaders, the clergy who support HON. ANNA G. ESHOO the people with their presence—all of these the dead when their heart stopped beating OF CALIFORNIA and have been brought back to life. Being are living out the Gospel, living out the close to the hospital is an important factor words and deeds of Jesus, are suffering with IN THE HOUSE OF REPRESENTATIVES in these situations. Jesus as he suffered. Jesus healed leprosy, an infection. How I wish to close by reading a passage from Tuesday, April 4, 2000 the 25th chapter from the Gospel of Mat- many times have patients had their severe thew: ‘‘For I was hungry and you gave me Ms. ESHOO. Mr. Speaker, on April 3, 2000, infections treated at Saint Michael. Jesus food, I was thirsty and you gave me drink, I reconciled many in healing their broken re- I was unable to be in Washington and, con- was a stranger and you welcomed me, naked lationship with their God. How many times sequently, missed two votes. and you clothed me. I was ill and you com- have patients of different faiths been rec- forted and healed me, in prison and you came Had I been present, I would have voted onciled with their God through the presence to visit me.’’ Then they will ask him, ‘‘Lord `àye'' on rollcall No. 96 and `àye'' on rollcall of a full-time, 24 hours a day, seven days a when did we see you hungry and feed you, or No. 97. week Pastoral Care Department. see you thirsty and give you drink?’’ ‘‘When The Sisters have maintained the Catholic did we welcome you away from home or f presence during these years. PHS committed clothe you in your nakedness?’’ ‘‘When did itself in 1994 to maintain this same presence we visit you when you were ill or in prison?’’ PERSONAL EXPLANATION and in 1998 the Bishop of Cleveland pro- He will answer: ‘‘I assure you, as often as claimed Saint Michael a Catholic hospital you did it for my least sisters or brothers, even though it was a for-profit hospital run you did it for me.’’ by lay men. HON. JAMES P. MORAN Jesus ran into opposition from the Scribes f OF VIRGINIA and Pharisees because of his commitment to PERSONAL EXPLANATION the poor, alienated and ill of varied cultures. IN THE HOUSE OF REPRESENTATIVES This caused Him much suffering. The Phari- sees wore fancy robes, wanted the best seats HON. CHARLES A. GONZALEZ Tuesday, April 4, 2000 at banquets and always wanted to be above OF TEXAS Mr. MORAN of Virginia. Mr. Speaker, on the rest of the people. We have a wealthy IN THE HOUSE OF REPRESENTATIVES rollcall Numbers 96 and 97, I was unavoidably hospital who calls itself world class, who Tuesday, April 4, 2000 wishes to express its power to control detained in my Congressional district. Had I healthcare in Cleveland, causing us much Mr. GONZALEZ. Mr. Speaker, on rollcall been present, I would have voted `àye'' on suffering because it wishes to eliminate us No. 96 and rollcall No. 97, I was unavoidably both measures.

VerDate 202000 05:02 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AP8.030 pfrm13 PsN: E04PT1 Tuesday, April 4, 2000 Daily Digest Senate Pending: Chamber Action Hutchison/Ashcroft Amendment No. 2914, to ex- Routine Proceedings, pages S2053–S2144 press the sense of the Senate to provide for relief Measures Introduced: Sixteen bills and one resolu- from the marriage penalty tax. Pages S2085±97 tion were introduced, as follows: S. 2341–2356, and Robb Amendment No. 2915 (to Amendment No. 2914), to condition Senate consideration of any tax S. Con. Res. 102. Pages S2106±07 cut reconciliation legislation on previous enactment Measures Reported: Reports were made as follows: of legislation to provide an outpatient prescription S. 1752, to reauthorize and amend the Coastal drug benefit under the Medicare program that is Barrier Resources Act, with amendments. (S. Rept. consistent with Medicare reform. Pages S2087±97 No. 106–252) A unanimous-consent-time agreement was reached S. 2346, to amend the Internal Revenue Code of providing for further consideration of the resolution 1986 to reduce the marriage penalty by providing on Wednesday, April 5, 2000, with votes to occur for adjustments to the standard deduction, 15-per- on the pending amendments (listed above) beginning cent and 28-percent rate brackets, and earned income at 11:00 a.m. Page S2085 credit. (S. Rept. No. 106–253) Appointments: Report to accompany S.J. Res. 3, proposing an Coordinating Council on Juvenile Justice and amendment to the Constitution of the United States Delinquency Prevention: The Chair, on behalf of to protect the rights of crime victims. (S. Rept. No. the Majority Leader, after consultation with the 106–254) Page S2106 Democratic Leader, pursuant to Public Law 93–415, Measures Passed: as amended by Public Law 102–586, announced the Tribal Self-Governance Amendments: Senate reappointment of the following individuals to serve passed H.R. 1167, to amend the Indian Self-Deter- as members of the Coordinating Council on Juvenile mination and Education Assistance Act to provide Justice and Delinquency Prevention: Michael W. for further self-governance by Indian tribes, after McPhail, of Mississippi, to a one-year term; Dr. striking all after the enacting clause and inserting in Larry K. Brendtro, of South Dakota, to a two-year lieu thereof the text of S. 979, Senate companion term; and Charles Sims, of Mississippi, to a three- year term. Page S2131 measure, as amended, and after agreeing to the following amendment proposed thereto: Pages S2131±38 Joint Congressional Committee on Inaugural Kyl (for Campbell) Amendment No. 2922, in the Ceremonies: The Chair, on behalf of the Vice Presi- nature of a substitute. Page S2137 dent, pursuant to the provisions of S. Con. Res. 89 Senate insisted on its amendment, and requested (106th Congress), appointed the following Senators to the Joint Congressional Committee on Inaugural a conference with the House thereon. Page S2138 Subsequently, S. 979 was placed back on the Sen- Ceremonies; Senators Lott, McConnell, and Dodd. Page S2131 ate calendar. Page S2138 Congressional Award Board: The Chair, on be- Congressional Budget Resolution: Senate began half of the Majority Leader, pursuant to Public Law consideration of S. Con. Res. 101, setting forth the 96–114, as amended, announced the appointment of congressional budget for the United States Govern- the following individuals to the Congressional ment for fiscal years 2001 through 2005 and revis- Award Board: Elaine L. Chao, of Kentucky; and ing the budgetary levels for fiscal year 2000, taking Linda Mitchell, of Mississippi. Page S2131 action on the following amendments proposed there- Messages From the President: Senate received the to: Pages S2053±66, S2069±81, S2083±97 following messages from the President of the United States: D305

VerDate 20-MAR-2000 05:01 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP0.REC pfrm13 PsN: D04AP0 D306 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2000 Transmitting, pursuant to law, the report of the Corporation for Public Broadcasting for the period Committee Meetings January 31, 1998 to January 31, 1999; to the Com- (Committees not listed did not meet) mittee on Commerce, Science, and Transportation. (PM–98) Page S2105 CHECHNYA/RUSSIA AID PROGRAMS Nominations Received: Senate received the fol- Committee on Appropriations: Subcommittee on Foreign lowing nominations: Operations concluded hearings on Chechnya, Russia Barbara W. Snelling, of Vermont, to be a Member and U.S. Policy and aid programs, after receiving of the Board of Directors of the United States Insti- testimony from Strobe Talbott, Deputy Secretary of tute of Peace for a term expiring January 19, 2001. State; Doug Ford, Physicians for Human Rights, Robert B. Rogers, of Missouri, to be a Member of Washington, D.C.; and Natalie Ernoult, Action the Board of Directors of the Corporation for Na- Against Hunger, France. tional and Community Service for a term expiring APPROPRIATIONS—INDIAN PROGRAMS October 6, 2001. Committee on Appropriations: Subcommittee on Interior Carol W. Kinsley, of Massachusetts, to be a Mem- concluded hearings on proposed budget estimates for ber of the Board of Directors of the Corporation for fiscal year 2001 for the Bureau of Indian Affairs and National and Community Service for a term of one Office of the Special Trustee for American Indians, year. (New Position) Department of the Interior, after receiving testimony Jane Lubchenco, of Oregon, to be a Member of from Kevin Gover, Assistant Secretary for Indian Af- the National Science Board, National Science Foun- fairs, and Thomas Thompson, Principle Deputy Spe- dation for a term expiring May 10, 2006. (Re- cial Trustee for American Indians, both of the De- appointment) partment of the Interior. Warren M. Washington, of Colorado, to be a Member of the National Science Board, National DRIVER’S PRIVACY PROTECTION ACT Science Foundation, for a term expiring May 10, Committee on Appropriations: Subcommittee on Trans- 2006. (Reappointment) portation concluded hearings to examine the imple- 1 Air Force nomination in the rank of general. mentation of the Driver’s Privacy Protection Act of 10 Marine Corps nominations in the rank of gen- 1994, focusing on the positive notification require- eral. ment provisions, after receiving testimony from 2 Navy nominations in the rank of admiral. Roger D. Cross, Wisconsin Division of Motor Vehi- Routine lists in the Air Force, Army, Marine cles, Madison, on behalf of the American Association of Motor Vehicle Administrators; Anne S. Ferro, Corps, Navy. Pages S2142±44 Maryland Motor Vehicle Administration, Glen Messages From the President: Page S2105 Burnie; Phyllis Schlafly, Eagle Forum, Edmund Messages From the House: Page S2105 Mierzwinski, U.S. Public Interest Research Group, and Gregory T. Nojeim, American Civil Liberties Measures Referred: Page S2105 Union, all of Washington, D.C.; Susan Herman, Na- Measures Placed on Calendar: Page S2105 tional Center for Victims of Crime, Arlington, Vir- Communications: Pages S2105±06 ginia; and Larry G. Majerus, Polk Company, South- field, Michigan. Statements on Introduced Bills: Pages S2107±17 APPROPRIATIONS—TREASURY Additional Cosponsors: Pages S2117±19 Committee on Appropriations: Subcommittee on Treas- Amendments Submitted: Pages S2120±30 ury and General Government concluded hearings on Notices of Hearings: Page S2130 proposed budget estimates for fiscal year 2001 for Authority for Committees: Pages S2130±31 the Department of the Treasury, after receiving testimony from Lawrence H. Summers, Secretary of the Additional Statements: Pages S2100±05 Treasury. Privileges of the Floor: Page S2131 ANDEAN RIDGE COUNTER-NARCOTIC Adjournment: Senate convened at 9:32 a.m., and ACTIVITIES adjourned at 6:56 p.m., until 9:30 a.m., on Wednes- Committee on Armed Services: Committee concluded day, April 5, 2000. (For Senate’s program, see the hearings on United States support for counter-nar- remarks of the Acting Majority Leader in today’s cotics activities in the Andean Ridge and neigh- Record on page S2138.) boring countries, and the impact of narco-trafficking

VerDate 20-MAR-2000 05:01 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP0.REC pfrm13 PsN: D04AP0 April 4, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D307 on the stability of the region, after receiving testi- der, Jr., International Planning Services, Inc., Ar- mony from Brian E. Sheridan, Assistant Secretary of lington, Virginia, former Under Secretary of State for Defense for Special Operations and Low Intensity Security Assistance, Science and Technology. Conflict; Gen. Charles E. Wilhelm, USMC, Com- Hearings recessed subject to call. mander In Chief, United States Southern Command; Rand Beers, Assistant Secretary for Bureau for Inter- NOMINATIONS national Narcotics and Law Enforcement Affairs, and Committee on Foreign Relations: Committee concluded Peter F. Romero, Acting Assistant Secretary for hearings on the nominations of Donald Arthur Western Hemisphere Affairs, both of the Depart- Mahley, of Virginia, for the rank of Ambassador dur- ment of State; Luis Alberto Moreno, Ambassador of ing his tenure of service as Special Negotiator for the Republic of Colombia to the United States; and Chemical and Biological Arms Control Issues, and Guillermo A. Ford, Ambassador of the Republic of Gregory G. Govan, of Virginia, for the rank of Am- Panama to the United States. bassador during his tenure of service as Chief U.S. AUTHORIZATION—DEFENSE Delegate to the Joint Consultative Group, both of the Department of State, after the nominees testified Committee on Armed Services: Subcommittee on Emerg- and answered questions in their own behalf. ing Threats and Capabilities concluded hearings on proposed legislation authorizing funds for fiscal year INTERNATIONAL TRAFFICKING IN 2001 for the Department of Defense and the Future WOMEN AND CHILDREN Years Defense Program, focusing on joint requirements, capabilities, and experimentation, after re- Committee on Foreign Relations: Subcommittee on Near ceiving testimony from Gen. Richard B. Myers, Eastern and South Asian Affairs concluded hearings USAF, Vice Chairman of the Joint Chiefs of Staff; to examine the international trafficking of women and Adm. Harold W. Gehman, Jr., USN, Com- and children, focusing on prosecution, testimonies, mander In Chief, Unites Stated Joint Forces Com- and prevention issues, after receiving testimony from mand. William R. Yeomans, Chief of Staff, Civil Rights Division, Department of Justice; Laura J. Lederer, EXPORT ADMINISTRATION ACT Harvard University, Cambridge, Massachusetts, on Committee on Commerce, Science, and Transportation: behalf of the Protection Project; Lauran Bethel, New Committee held hearings on certain provisions of S. Life Center, Fresno, California; Virginia Coto, Flor- 1712, to provide authority to control exports, receiv- ida Immigration Center, Miami; Natalia Khodyreva, ing testimony from Senators Enzi and Thompson; Angel Coalition, Washington, D.C.; and certain James M. Bodner, Principal Deputy Under Secretary anonymous witnesses. of Defense for Policy; John D. Holum, Senior Ad- viser for Arms Control and International Security Af- INTELLIGENCE fairs, Department of State; William A. Reinsch, Select Committee on Intelligence: Committee held closed Under Secretary of Commerce for Export Adminis- hearings on intelligence matters, receiving testimony tration; John W. Douglass, Aerospace Industries As- from officials of the intelligence community. sociation, Washington, D.C.; and William Schnei- Committee will meet again Thursday, April 6. h House of Representatives H.R. 2328, to amend the Federal Water Pollution Chamber Action Control Act to reauthorize the Clean Lakes Program, Bills Introduced: 18 public bills, H.R. 4161–4178; amended (Rept. 106–560); 1 private bill, H.R. 4179; and 2 resolutions, H. Res. H.R. 1775, to catalyze restoration of estuary habi- 458–459, were introduced. Pages H1762±64 tat through more efficient financing of projects and Reports Filed: Reports were filed today as follows: enhanced coordination of Federal and non-Federal H. Res. 457, providing for consideration of H.R. restoration programs, and for other purposes, amend- 3660, Partial-Birth Abortion Ban Act of 2000 (H. ed (H. Rept. 106–561); Page H1762 Rept. 106–559); Guest Chaplain: The prayer was offered by the guest Chaplain, Rev. Richard Doerr of Carmel, Indi- ana. Page H1680

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Recess: The House recessed at 9:57 a.m. and recon- cation policies of the Network (rejected by a re- vened at 11:00 a.m. Page H1680 corded vote of 137 ayes to 284 noes, Roll No. 100); Private Calendar: On the call of the Private Cal- Pages H1701±02, H1711±12 endar the House passed over without prejudice, S. The Clerk was authorized to make technical and 462, for the relief of Belinda McGregor. The House conforming changes in the engrossment of H.R. passed H.R. 758, for the relief of Nancy Wilson. 2418. Page H1722 And, the House passed H.R. 3903, to deem the ves- H. Res. 454, the rule that provided for consideration of the bill was agreed to by a voice vote. sel M/V MIST COVE to be less than 100 gross tons, as measured under chapter 145 of title 46, United Pages H1683±86 States Code, after agreeing to the Sensenbrenner Presidential Message—Corporation for Public amendment in the nature of a substitute. Finally, the Broadcasting: Read a message from the President House agreed to amend the title of H.R. 3903. wherein he transmitted his report on the Corporation Pages H1680±81 for Public Broadcasting; referred to the Committee on Commerce. Page H1723 Organ Procurement and Transplantation: The House passed H.R. 2418, to amend the Public Senate Messages: Message received from the Senate Health Service Act to revise and extend programs re- today appears on page H1677. lating to organ procurement and transplantation by Amendments: Amendments ordered printed pursu- a yea and nay vote of 276 yeas to 147 nays, Roll ant to the rule appear on pages H1764–65. No. 101. Pages H1686±H1722 Quorum Calls—Votes: One yea and nay vote and Agreed to the Committee amendment in the na- three recorded votes developed during the pro- ture of a substitute made in order by the rule. ceedings of the House today and appear on pages Pages H1697±H1721 H1710, H1711, H1711–12, and H1722. There were Agreed To: no quorum calls. DeGette amendment that directs the Network to Adjournment: The House met at 9:30 a.m. and ad- recognize the differences in organ transplantation journed at 9:46 p.m. issues between children and adults and provides for a study dealing with immunosuppressive drugs that are provided to children (agreed to by a recorded Committee Meetings vote of 420 ayes with none voting ‘‘no’’, Roll No. ENERGY AND WATER DEVELOPMENT 99); Pages H1700±01, H1711 APPROPRIATIONS Barrett of Wisconsin amendment that authorizes Committee on Appropriations: Subcommittee on Energy grants to States and partnerships with other public and Water Development held a hearing on the Bu- agencies or private sector institutions to foster organ reau of Reclamation. Testimony was heard from the donor awareness, public education, outreach activi- following officials of the Department of the Interior: ties, and other innovative donation initiatives; Bruce Babbitt, Secretary; and Eluid L. Martinez, Pages H1712±16 Commissioner, Bureau of Reclamation. Scarborough amendment that nullifies the final INTERIOR APPROPRIATIONS Health and Human Services rule relating to the Organ Procurement and Transplantation Network Committee on Appropriations: Subcommittee on Interior promulgated by the Secretary; Pages H1716±21 held an oversight hearing on the Department of En- Rejected: ergy—Energy Conservation Financial Management; LaHood amendment that sought to subject the and on Department of Energy Conservation. Testi- policies and rules established by the Network to re- mony was heard from Paul Bostrom, National Acad- view and approval by the Secretary of Health and emy of Public Administration; and Dan Reicher, As- sistant Secretary, Energy Efficiency and Renewable Human Services; establish an advisory committee to Energy, Department of Energy. provide recommendations to the Secretary on Net- work policies, rules, and other matters as appro- LABOR-HHS-EDUCATION priate; and specifies that all polices shall be based on APPROPRIATIONS sound medical principles and valid scientific data Committee on Appropriations: Subcommittee on Labor, (rejected by a recorded vote of 160 ayes to 260 noes Health and Human Services, and Education held a to 1 voting ‘‘present’’, Roll No. 98); and hearing on Institute of Museum and Library Services Pages H1702±11 and National Education Goals Panel, and on public Luther amendment that sought to preempt any witnesses. Testimony was heard from Beverly State or local law that would restrict the organ allo- Sheppard, Acting Director, Institute of Museum and

VerDate 20-MAR-2000 05:01 Apr 05, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP0.REC pfrm13 PsN: D04AP0 April 4, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D309 Library Services, National Foundation on the Arts NATIONAL HISTORICAL PUBLICATIONS and the Humanities; Ken Nelson, Executive Direc- AND RECORDS COMMISSION tor, National Education Goals Panel; and public wit- REAUTHORIZATION nesses. Committee on Government Reform: Subcommittee on TREASURY, POSTAL SERVICE, AND Government Management, Information, and Tech- GENERAL GOVERNMENT APPROPRIATIONS nology held a hearing on reauthorization of the Na- Committee on Appropriations: Subcommittee on Treas- tional Historical Publications and Records Commis- ury, Postal Service, and General Government held an sion for Fiscal Years 2002–2005. Testimony was oversight hearing on Customs—Automated Com- heard from Representative Blunt; the following offi- mercial Environment, and the U.S. Postal Service. cials of the National Archives and Records Adminis- Testimony was heard from the following officials of tration: John W. Carlin, Archivist of the United the Department of the Treasury: Jim Flyzik, Deputy States; and Ann Clifford Newhall, Executive Direc- Assistant Secretary, Information Systems; John Simp- tor, National Historical Publications and Records son, Deputy Assistant Secretary, Tariffs and Trade; Commission; and public witnesses. and S.W. Hall, Assistant Commissioner, U.S. Cus- EXPORT ADMINISTRATION ACT FUTURE toms Service, Office of Information Technology; and Committee on International Relations: Subcommittee on William J. Henderson, Postmaster General, U.S. International Economic Policy and Trade concluded Postal Service; and public witnesses. hearings on the Future of the Export Administration VA, HUD, AND INDEPENDENT AGENCIES Act, Part 2. Testimony was heard from Roger APPROPRIATIONS Majak, Assistant Secretary, Export Administration, Department of Commerce. Committee on Appropriations: Subcommittee on VA, HUD and Independent Agencies held a hearing on VISA WAIVER PERMANENT PROGRAM the National Science Foundation. Testimony was ACT; TRAFFICKING VICTIMS PROTECTION heard from the following officials of the NSF: Rita ACT R. Colwell, Director; and Eamon Kelly, Chairman, Committee on the Judiciary: Ordered reported, as National Science Board. amended, the following bills: H.R. 3767, Visa MODERNIZING ERISA/PROMOTE SECURITY Waiver Permanent Program Act; and H.R. 3244, Trafficking Victims Protection Act of 1999. Committee on Education and the Workforce: Sub- committee on Employer-Employee Relations held a MISCELLANEOUS MEASURES hearing on Modernizing ERISA to Promote Security. Committee on Resources: Held a hearing on the fol- Testimony was heard from Leslie Kramerich, Acting lowing bills: H.R. 3291, Shivwits Band of the Pai- Assistant Secretary, Pension and Welfare Benefits, ute Indian Tribe of Utah Water Rights Settlement Department of Labor; and David M. Strauss, Execu- Act; and H.R. 3468, Duchesne City Water Rights tive Director, Pension Benefit Guaranty Corporation. Conveyance Act. Testimony was heard from David J. CORPORATION FOR NATIONAL SERVICE Hayes, Deputy Secretary, Department of the Interior; FISCAL YEAR 1999 AUDIT the following officials of the State of Utah: Daniel D. McArthur, Mayor, St. George City; P. Kim Committee on Education and the Workforce: Sub- Hamlin, Mayor and Paul L. Tanner, City Council- committee on Oversight and Investigations, held a man, both from Duchesne; and public witnesses. hearing on Fiscal Year 1999 Audit of the Corpora- tion for National Service. Testimony was heard from OVERSIGHT—NEW FOREST RULES EFFECT the following officials of the Corporation for Na- ON NATIONAL RECREATION tional Service: Luise S. Jordan, Inspector General; Committee on Resources: Subcommittee on Forests and and Robert Rogers, Chairman of the Board; and a Forest Health held an oversight hearing on the Ef- public witness. fect of the New Forest Rules on National Recreation. CRIMINAL JUSTICE SYSTEM DRUG Testimony was heard from Dennis Bschor, Director, TREATMENT OPTIONS Recreation, Forest Service, USDA; and public witnesses. Committee on Government Reform: Subcommittee on Criminal Justice, Drug Policy and Human Resources MISCELLANEOUS MEASURES held a hearing on Drug Treatment Options within Committee on Resources: Subcommittee on National the Criminal Justice System. Testimony was heard Parks, and Public Lands held a hearing on the fol- from Charles J. Hynes, District Attorney, Kings lowing bills: H.R. 2249, Corinth Battlefield Preser- County, State of New York; and public witnesses. vation Act of 1999; H.R. 2773, Wekiva Wild and

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Committee on Appropriations: Subcommittee on Interior, PARTIAL-BIRTH ABORTION BAN ACT to hold hearings on proposed budget estimates for fiscal year 2001 for the Department of the Interior, 9:30 a.m., Committee on Rules: Granted, by voice vote, a closed SD–124. rule providing two hours of debate on H.R. 3660, Committee on Energy and Natural Resources: business Partial-Birth Abortion Ban Act of 2000. The rule meeting to consider pending calendar business, 9:30 a.m., provides one motion to recommit. The rule provides SD–366. that after passage of H.R. 3660, it shall be in order Full Committee, to hold hearings to examine the en- to take from the Speaker’s table S. 1692, consider it ergy potential of the 1002 area of the Arctic Coastal in the House, and to move to strike all after the en- Plain; the role this energy could play in National security; the role this energy could play in reducing U.S. de- acting clause and insert the text of H.R. 3660 as pendency on imported oil; and S. 2214, to establish and passed by the House. The rule waives all points of implement a competitive oil and gas leasing program that order against the motion to strike and insert. Fi- will result in an environmentally sound and job creating nally, the rule provides that if the motion is adopted program for the exploration, development, and production and the Senate bill, as amended, is passed, then it of the oil and gas resources of the Coastal Plain, 10 a.m., shall be in order to move that the House insist on SD–366. its amendment and request a conference. Testimony Committee on Finance: to hold hearings on the pattern was heard from Representatives Canady of Florida, of improper payments in the school Medicaid program, Johnson of Connecticut, Kolbe, Conyers, Frank of 10 a.m., SD–215. Massachusetts, Jackson-Lee of Texas, Hoyer, Wise, Committee on Foreign Relations: Subcommittee on Inter- Edwards and Tauscher. national Operations, to hold hearings on United Nations peace keeping missions and their proliferation, 9:30 a.m., UNAUTHORIZED DISCLOSURES: POSSIBLE SD–419. SOLUTIONS Full Committee, to hold hearings on legacies of the Permanent Select Committee on Intelligence: Met in execu- Holocaust, 2 p.m., SD–419. Committee on Indian Affairs: business meeting to con- tive session to hold a hearing on Unauthorized Dis- sider the nomination of Thomas N. Slonaker, of Arizona, closures of Classified Information: Possible Solutions. to be Special Trustee, Office of Special Trustee for Amer- Testimony was heard from departmental witnesses. ican Indians, Department of the Interior; to be followed by hearings on S. 612, to provide for periodic Indian Joint Meetings needs assessments, to require Federal Indian program evaluations, 9:30 a.m., SR–485. OSCE MEDIA FREEDOM Committee on the Judiciary: Subcommittee on Adminis- Commission on Security and Cooperation in Europe trative Oversight and the Courts, to resume oversight (Helsinki): Commission concluded hearings on the hearings on the handling of the investigation of Peter deteriorating freedom of media and speech in Orga- Lee, focusing on the plea-bargain agreement reached in nization for Security and Cooperation in Europe the case, 9:30 a.m., SH–216. (OSCE) countries, focusing on the implementation of Committee on Rules and Administration: to hold hearings the OSCE Representative on Freedom of the Media, to examine activities of political parties in America, 9:30 after receiving testimony from David W. Yang, Sen- a.m., SR–301. ior Coordinator for Democracy Promotion, Bureau of House Democracy, Human Rights and Labor, Department of State; Freimut Duve, OSCE Representative on Committee on Appropriations, Subcommittee on Com- merce, Justice, State, and Judiciary, on U.S. Trade Rep- Freedom of the Media, Vienna, Austria; Tom Dine, resentative, 10 a.m., H–309 Capitol. Radio Free Europe/Radio Liberty, and Linda K. Subcommittee on Interior, oversight on Everglades, 10 Foley, Newspaper Guild-Communications Workers a.m., B–308 Rayburn. of America, on behalf of the International Federation Subcommittee on Labor, Health and Human Services, of Journalists, both of Washington, D.C.; Emma and Education, on public witnesses, 10 a.m. and 2 p.m., E.D. Gray, Committee to Protect Journalists, New 2358 Rayburn.

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Subcommittee on VA, HUD, and Independent Agen- came disabled while serving in the Armed Forces of the cies, on Department of Veterans Affairs, 9:30 a.m. and United States; H.R. 2647, to amend the Act entitled ‘‘An 1:30 p.m., 2359 Rayburn. Act relating to the water rights of the Ak-Chin Indian Committee on Commerce, Subcommittee on Energy and Community’’ to clarify certain provisions concerning the Power, hearing on H.R. 2641, to make technical correc- leasing of such water rights; H.R. 2932, Golden Spike/ tions to title X of the Energy Policy Act of 1992; to be Crossroads of the West National Heritage Area Act; H.R. followed by a hearing on H.R. 380, National Oilheat Re- 2958, to provide for the continuation of higher education search Alliance Act of 1999, 10 a.m., 2322 Rayburn. through the conveyance of certain public lands in the Committee on Education and the Workforce, to mark up State of Alaska to the University of Alaska; H.R. 3182, H.R. 4141, Education Opportunities To Protect and In- Craig Municipal Equity Act; H.R. 3577, to increase the vest In Our Nation’s Students (Education OPTIONS) amount authorized to be appropriated for the north side Act, 1 p.m., 2175 Rayburn. pumping division of the Minidoka reclamation project, Subcommittee on Oversight and Investigations, hearing Idaho; H.R. 3605, San Rafael Western Legacy District on Rulemaking at the U.S. Department of Labor: and National Conservation Act; H.R. 3919, Coral Reef OSHA’s Employee Work at Home Policy, 10 a.m., 2175 Conservation and Restoration Partnership Act; H.R. Rayburn. 4021, Giant Sequoia Groves Protection and Management Committee on Government Reform, Subcommittee on the Act, 11 a.m., 1324 Longworth. Census, oversight hearing of the 2000 Census: Mail-back Committee on Rules, to consider H.R. 1776, American Response Rates and Status of Key Operations, 2 p.m., 2247 Rayburn. Homeownership and Economic Opportunity Act, 2 p.m., Subcommittee on Government Management, Informa- H–313 Capitol. tion, and Technology, to mark up the following: H.R. Committee on Small Business, hearing on Cash versus Ac- 1625, Human Rights Information Act; H.R. 4110, to crual: The Policy Implications of the Growing Inability amend title 44, United States Code, to authorize appro- of Small Businesses to Use Simple Tax Accounting, 10 priations for the National Historical Publications and a.m., 2360 Rayburn. Records Commission for fiscal years 2002 through 2005; Committee on Transportation and Infrastructure, Sub- H. Res. 15, expressing the sense of the House of Rep- committee on Water Resources and Environment, to resentatives regarding Government procurement access for mark up the following: H.R. 673, Florida Keys Water women-owned businesses; H.R. 3582, Federal Contractor Quality Improvements Act of 1999; H.R. 855, Long Is- Flexibility Act; and a concurrent resolution on the year land Sound Preservation and Protection Act; H.R. 1106, 2000 computer problem, 2 p.m., 2154 Rayburn. Alternative Water Sources Act of 1999; H.R. 1237, to Committee on International Relations, hearing on Haiti: amend the Federal Water Pollution Control Act to per- Prospects for Free and Fair Elections, 10 a.m., 2172 Ray- mit grants for the national estuary program to be used burn. for the development and implementation of a comprehen- Committee on the Judiciary, to mark up H.R. 3125, sive conservation and management plan, to reauthorize Internet Gambling Prohibition Act of 1999, 10:15 a.m., appropriations to carry out the program; H.R. 2957, Lake 2141 Rayburn. Pontchartrain Basin Protection Act of 1999; H.R. 3313, Committee on Resources, to mark up the following: S. Long Island Sound Restoration Act; and other pending 406, Alaska Native and American Indian Direct Reim- business, 11:30 a.m., 2167 Rayburn. bursement Act; H. Res. 443, expressing the sense of the Committee on Veterans’ Affairs, Subcommittee on Health, House of Representatives with regard to the centennial of hearing on VA Capital Asset Planning, 10 a.m., 334 the raising of the United States flag in American Samoa; Cannon. H.R. 1509, to authorize the Disabled Veterans’ LIFE Me- Committee on Ways and Means, to mark up H.R. 4163, morial Foundation to establish a memorial in the District Taxpayer Bill of Rights 2000, 1:30 p.m., 1100 Long- of Columbia or its environs to honor veterans who be- worth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 5 10 a.m., Wednesday, April 5

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 3660, ation of S. Con. Res. 101, Congressional Budget, with Partial-Birth Abortion Ban Act (closed rule, two hours of votes to occur on certain pending amendments beginning debate); and at 11 a.m. Consideration of H.R. 3671, Wildlife and Sport Fish restoration Programs Improvement Act (open rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Thomas M., Va., E490 Lampson, Nick, Tex., E490 DeLauro, Rosa L., Conn., E487 Meek, Carrie P., Fla., E488 Ackerman, Gary L., N.Y., E488 Eshoo, Anna G., Calif., E491 Moran, James P., Va., E491 Barcia, James A., Mich., E485 Gejdenson, Sam, Conn., E485 Ortiz, Solomon P., Tex., E486 Becerra, Xavier, Calif., E488 Gonzalez, Charles A., Tex., E491 Radanovich, George, Calif., E489 Bentsen, Ken, Tex., E487 Goodling, William F., Pa., E485 Skelton, Ike, Mo., E489 Burton, Dan, Ind., E483 Graham, Lindsey O., S.C., E483 Watts, J.C., Jr., Okla., E483, E486 Carson, Julia, Ind., E490 Holt, Rush D., N.J., E486 Weldon, Curt, Pa., E486 Chambliss, Saxby, Ga., E490 Kucinich, Dennis J., Ohio, E483, E486, E488, E489, E490

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