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, MONDAY, MAY 22, 2000 No. 64 House of Representatives The House met at 12:30 p.m. and was seven new people are on the Internet and Internet access at home and stu- called to order by the Speaker pro tem- every second. As elected officials, we dents who do not. pore (Mr. KUYKENDALL). should note that 78 percent of Internet Children with computers and Inter- f users almost always vote in national, net access at home have an advantage State, and local elections, compared when it comes to doing their home- DESIGNATION OF SPEAKER PRO with only 64 percent of non-Internet TEMPORE work as well as using the Internet to users. contact the Library of Congress to do The SPEAKER pro tempore laid be- It took just 5 years for the Internet research on school papers. fore the House the following commu- to reach 50 million users. It took 38 nication from the Speaker: years for the radio to reach that same If my colleagues talk with lower-in- come families who do not have com- WASHINGTON, DC, audience, 13 years for television. In May 22, 2000. 1998, the Internet economy employed puter and Internet access, they tell us I hereby appoint the Honorable STEVEN T. 4.8 million workers, more workers than that the main reason is the cost; the KUYKENDALL to act as Speaker pro tempore steel and auto and petrochemical in- cost of Internet access is really the on this day. dustries combined. barrier to digital opportunities for that J. DENNIS HASTERT, I would note that, with the economic family. Speaker of the House of Representatives. growth we are enjoying today, the av- As Republicans, of course, our goal is f erage high-tech wage is 77 percent to reduce that cost. We believe in a MORNING HOUR DEBATES higher than the average U.S. private tax-free, regulation-free trade barrier, sector wage and that Alan Greenspan, free new economy; and we want to en- The SPEAKER pro tempore. Pursu- Chairman of the Federal Reserve, indi- sure that the information super- ant to the order of the House of Janu- cates that one-third of the economic highway is a freeway and not a toll- ary 19, 1999, the Chair will now recog- growth that we have enjoyed today is way. We are looking for ways to re- nize Members from lists submitted by resulting from the high-tech, new econ- move those toll booths and make sure the majority and minority leaders for omy. the Internet is free or at minimal cost morning hour debates. The Chair will I am proud to be from a State that is to families. alternate recognition between the par- a high-tech State. Illinois is a State ties, with each party limited to not to which ranks fourth today in high-tech- I am proud of what we have been ac- exceed 30 minutes, and each Member, nology employment. We also rank complishing. Just over the last few except the majority leader, the minor- third in high-technology exports. So weeks, we passed legislation which ity leader, or the minority whip, lim- clearly, this new economy, this tech- says no new taxes on e-commerce, ex- ited to not to exceed 5 minutes. nology economy that we are enjoying tending for 5 years the current Internet The Chair recognizes the gentleman today is providing tremendous oppor- tax moratorium on e-commerce. I am from Illinois (Mr. WELLER) for 5 min- tunity for every American family. proud to say that we passed legislation utes. We often wonder who is really taking just 2 weeks ago which prohibits the Federal Communications Commission f advantage of the opportunities that are there, how is the Internet and digital from using the authority they have had NEW ECONOMY IS IMPORTANT FOR or new economy available to the aver- for a long time to impose new fees and EVERY AMERICAN age American. Statistics also show taxes on Internet access. Mr. WELLER. Mr. Speaker, I appre- that if a family makes $75,000 or more, This week the House is going to vote ciate so much this opportunity to take they are 20 times more likely than on legislation to eliminate the 3 per- a few minutes today to talk about families with less income to have cent excise tax on telephone calls, something many of us call the new Internet access at home. which really is a 3 percent excise tax economy, some call the digital econ- And when you think about it, our on Internet access, because 96 percent omy, the high-tech economy. But let educators, our school teachers, the of Americans who use the Internet and me begin by just sharing some statis- school board members, and school ad- go on-line use their telephone service. tics, statistics that really illustrate ministrators back home in Illinois and So clearly, when this House votes this how important the new economy is for Chicago and the south suburbs that I week to eliminate that 3 percent tax on every American. represent have told me they notice a telephone calls, we will be removing Today over 100 million United States difference in the classroom between one more toll on the information su- adults are using the Internet. In fact, those students who have a computer perhighway.

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.

H3477

. H3478 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Clearly, as Republicans, our goal is THE JOURNAL If Uncle Sam will turn the other cheek simple. We want the information super- The SPEAKER pro tempore. The on Taiwan, China will laugh all the highway to be a freeway and not a toll- Chair has examined the Journal of the way to the bank on this trade deal. way. last day’s proceedings and announces Beam me up. We have gone from better I also want to mention two other pro- to the House his approval thereof. dead than red to dead meat. posals I am proud to sponsor, legisla- Pursuant to clause 1, rule I, the Jour- I yield back America’s Naval fleet tion which is designed to ensure the in- nal stands approved. being called dead meat by Naval ex- formation highway is a freeway not a f perts. toll-way. I talked earlier about lower- f income families not having computer PLEDGE OF ALLEGIANCE IT IS TIME TO ABOLISH THE and Internet access at home. I am The SPEAKER pro tempore. Will the SPANISH AMERICAN WAR TAX proud to say that major employers in gentleman from Ohio (Mr. TRAFICANT) the State that I represent in Illinois come forward and lead the House in the (Mr. HEFLEY asked and was given have stepped forward, the private sec- Pledge of Allegiance. permission to address the House for 1 tor stepping forward to provide Inter- Mr. TRAFICANT led the Pledge of minute.) net and computer access as an em- Allegiance as follows: Mr. HEFLEY. Mr. Speaker, one of ployee benefit so the children of their I pledge allegiance to the Flag of the the top movies in America today is janitors and laborers and assembly line United States of America, and to the Repub- ‘‘Gladiator,’’ a story of a young upstart workers of companies like Ford, Intel, lic for which it stands, one nation under God, struggling against an outdated and American Airlines, and Delta Airlines indivisible, with liberty and justice for all. cruel dictatorship. have those computers. f This week, the House will witness a Well, those computers should be tax similar struggle, Americans with phone SCANDALS OF THE free. Right now the IRS would like to lines versus the Internal Revenue Serv- ADMINISTRATION tax them. That act would ensure they ice. are treated the same as an employee (Mr. GIBBONS asked and was given More than 252 million businesses and benefit, such as pensions and retire- permission to address the House for 1 families use phone lines, allowing them ment, as well as health care. I ask bi- minute and to revise and extend his re- access to telephones, faxes, computers, partisan support, and I look forward to marks.) and cellular phones. They are bene- working with my colleagues on these Mr. GIBBONS. Mr. Speaker, well, it ficiaries of modern technological ad- proposals. took almost 2 years, but memos from vances that have changed our society, f FBI Director Louis Freeh regarding the and yet every time Americans use this Democratic fund-raising scandal have RECESS technology, the IRS financially penal- finally been turned over to Congress. izes them with the outdated Spanish- The SPEAKER pro tempore. Pursu- Perhaps the Clinton administration American War phone tax. ant to clause 12 of rule I, the Chair de- was hoping that the memos would This tax was used to fund the Span- clares the House in recess until 2 p.m. never turn up, especially since they ish-American War, a conflict which Accordingly (at 12 o’clock and 37 state that key administration officials began and ended in 1898, 102 years ago. minutes p.m.), the House stood in re- were under a lot of pressure not to go It is yet another case of a greedy and cess until 2 p.m. forward with the investigation because overbearing government using any f the Attorney General’s job might hang means to tax hard-working Americans in the balance. b 1400 and this must end. The American people have a right to This week, let us disconnect Ameri- AFTER RECESS expect the Department of Justice to in- cans from the Spanish-American War The recess having expired, the House vestigate wrongdoing, no matter where phone tax. was called to order by the Speaker pro it may occur. f tempore (Mr. MILLER of Florida) at 2 Mr. Speaker, the Clinton administra- p.m. tion is not exempt from the laws of our ANNOUNCEMENT BY THE SPEAKER f Nation. It is my hope that the ongoing PRO TEMPORE congressional hearings and investiga- The SPEAKER pro tempore. Pursu- PRAYER tions into these scandals will reveal ant to the provisions of clause 8 of rule The Chaplain, the Reverend Daniel P. the truth once and for all. XX, the Chair announces that he will Coughlin, offered the following prayer: I yield back the continuing scandals postpone further proceedings today on ‘‘All flesh is like grass and all its and illegal cover-ups that have become each motion to suspend the rules on glory like the flower of the field; the an unfortunate characteristic of this which a recorded vote or the yeas and grass withers and the flower wilts; but administration. nays are ordered, or on which the vote the Word of the Lord remains forever.’’ f is objected to under clause 6 of rule Creator of nature’s beauty and Re- XX. deemer of all humanity, we have been CHINA SAYS AMERICAN SHIPS ARE DEAD MEAT Any record votes on postponed ques- born anew, not from perishable but tions will be taken after debate has from imperishable seed. (Mr. TRAFICANT asked and was concluded on all motions to suspend Your Word, O Lord, has created given permission to address the House the rules but not before 6 p.m. today. grateful hearts amid the wonders of for 1 minute and to revise and extend f this land and the rich progress of this his remarks.) Nation. May we never be weeded into Mr. TRAFICANT. Mr. Speaker, mili- NATIONAL HISTORIC PRESERVA- discontent. tary experts say that China just bought TION ACT AMENDMENTS OF 2000 In all peoples You plant the seed of 24 cruise missiles from Russia. They Mr. HEFLEY. Mr. Speaker, I move to justice. Bring forth a springtime of now say American ships are now, suspend the rules and concur in the peace among nations. quote/unquote, dead meat, dead meat. Senate amendments to the bill (H.R. May the actions of this assembly Think about it. We give Russia foreign 834) to extend the authorization for the nurture obedience to truth which pro- aid. Russia builds missiles. Russia sells National Historic Preservation Fund, duces sincerity of heart and mutual the missiles to China, built with Amer- and for other purposes. trust. ican cash. China threatens Taiwan and The Clerk read as follows: This is the Word we have accepted Uncle Sam. Unbelievable. Senate Amendments: and now proclaim to the world: ‘‘All I think it is time for Congress to tell Strike out all after the enacting clause and flesh is like grass and all its glory like China to keep their Communist hands insert: the flower of the field; the grass with- off of Taiwan. SECTION 1. SHORT TITLE. ers and the flower wilts; but the Word In addition, this sweetheart trade This Act may be cited as the ‘‘National His- of the Lord remains forever.’’ Amen. deal bothers me. It is very dangerous. toric Preservation Act Amendments of 2000’’. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3479 SEC. 2. REAUTHORIZATION OF HISTORIC PRESER- has tried to accomplish that goal is The Senate amendment makes sev- VATION FUND. through the National Historic Preser- eral technical and conforming changes Section 108 of the National Historic Preserva- vation Act. to the bill. In addition, the bill deletes tion Act (16 U.S.C. 470h) is amended by striking The bill before us reauthorizes that ‘‘1997’’ and inserting ‘‘2005’’. a provision that was in the original bill act through 2000 at its present level of SEC. 3. REAUTHORIZATION OF ADVISORY COUN- dealing with historic properties under CIL ON HISTORIC PRESERVATION. $150 million a year. the jurisdiction of the Architect of the Section 212(a) of the National Historic Preser- It is a tribute to the program that it Capitol. vation Act (16 U.S.C. 470t(a)) is amended by has achieved the success it has despite Mr. Speaker, the extension of funds striking ‘‘2000’’ and inserting ‘‘2005’’. the fact that it has seldom received for the Historic Preservation Fund and SEC. 4. LOCATION OF FEDERAL FACILITIES ON more than $40 million a year in appro- the reauthorization of the Advisory HISTORIC PROPERTIES. priations. Council on National Preservation are Section 110(a)(1) of the National Historic Pres- State historic preservation agencies ervation Act (16 U.S.C. 470h–2(a)(1)) is amended important matters that need to be have used these Federal funds to at- acted on now. As such, we support H.R. in the second sentence by striking ‘‘agency.’’ tract three times that amount in State and inserting ‘‘agency, in accordance with Ex- 834, as amended, and would encourage and private investment. our colleagues to do likewise. ecutive Order 13006, issued May 21, 1996 (61 F.R. The bill also reaffirms the Nation’s 26071).’’. Just as a personal note, the very first commitment to the use of historic SEC. 5. TECHNICAL AND CONFORMING AMEND- public service appointment I had was properties by Federal agencies. MENTS. to the Guam Review Board on Historic It also provides an authorization by (a) The National Historic Preservation Act (16 Preservation. These are very vital pro- which the Interior Department may ad- U.S.C. 470 et seq.) is amended as follows— grams, very important programs, for (1) in section 101(d)(2)(D)(ii) (16 U.S.C. minister grants to the National Trust communities and have an impact upon 470a(d)(2)(D)(ii)) by striking ‘‘Officer;’’ and in- for Historic Preservation. This does communities in ways that many people serting ‘‘Officer; and’’; not mean we are putting the trust back sometimes even in this body are not fa- (2) by amending section 101(e)(2) (16 U.S.C. on the public payroll. Instead, it will 470a(e)(2)) to read as follows: miliar with. allow Interior to respond quickly to ‘‘(2) The Secretary may administer grants to Mr. Speaker, I yield back the balance emergency situations such as hurri- the National Trust for Historic Preservation in of my time. canes or flooding. the United States, chartered by an Act of Con- Mr. HEFLEY. Mr. Speaker, I yield gress approved October 26, 1949 (63 Stat. 947) There were some things left undone consistent with the purposes of its charter and in this bill. While we retained the ex- back the balance of my time. this Act.’’; emptions for the Capitol, the Supreme The SPEAKER pro tempore. The (3) in section 101(e)(3)(A)(iii) (16 U.S.C. Court building, and the White House question is on the motion offered by 470a(e)(3)(A)(iii)) by striking ‘‘preservation; from historic preservation law, we were the gentleman from Colorado (Mr. and’’ and inserting ‘‘preservation, and’’; HEFLEY) that the House suspend the (4) in section 101(j)(2)(C) (16 U.S.C. unable to agree on language that aimed at making the Architect of the Capitol rules and concur in the Senate amend- 470a(j)(2)(C)) by striking ‘‘programs;’’ and in- ments to the bill, H.R. 834. serting ‘‘programs; and’’; more responsive to local preservation (5) in section 102(a)(3) (16 U.S.C. 470b(a)(3)) concerns. The question was taken; and (two- by striking ‘‘year.’’ and inserting ‘‘year;’’; This was largely due to the fact that thirds having voted in favor thereof) (6) in section 103(a) (16 U.S.C. 470c(a))— the architect is not a government the rules were suspended and the Sen- (A) by striking ‘‘purposes this Act’’ and in- agency. ate amendments were concurred in. serting ‘‘purposes of this Act’’; and I believe this is an issue that needs to The title of the bill was amended so (B) by striking ‘‘him:.’’ and inserting ‘‘him.’’; be revisited in the future. We have got- as to read: (7) in section 108 (16 U.S.C. 470h)) by striking ‘‘(43 U.S.C. 338)’’ and inserting ‘‘(43 U.S.C. ten a lot of mileage out of the Defense ‘‘An Act to extend the authorization for 1338)’’; Department’s record in historic preser- the Historic Preservation Fund and the Ad- (8) in section 110(1) (16 U.S.C. 470h–2(1)) by vation, particularly at some old cav- visory Council on Historic Preservation, and striking ‘‘with the Council’’ and inserting ‘‘pur- alry posts out West. for other purposes.’’. suant to regulations issued by the Council’’; If these facilities can honor their her- A motion to reconsider was laid on (9) in section 112(b)(3) (16 U.S.C. 470h–4(b)(3)) itage and yet serve an evolving role in the table. by striking ‘‘(25 U.S.C. 3001(3) and (9))’’ and in- today’s warfighting, I fail to see why f serting ‘‘(25 U.S.C. 3001 (3) and (9)))’’; the homes of the three branches of gov- (10) in section 301(12)(C)(iii) (16 U.S.C. GENERAL LEAVE 470w(12)(C)(iii)) by striking ‘‘Officer, and’’ and ernment need special treatment. inserting ‘‘Officer; and’’; This bill is already 3 years overdue, Mr. HEFLEY. Mr. Speaker, I ask (11) in section 307(a) (16 U.S.C. 470w–6(a)) by and we must move ahead. unanimous consent that all Members striking ‘‘Except as provided in subsection (b) of In conclusion, this is the bill that may have 5 legislative days within this section, no’’ and inserting ‘‘No’’; makes no sweeping changes, only in- which to revise and extend their re- (12) in section 307(c) (16 U.S.C. 470w–6(c)) by cremental changes to what has become marks and include therein extraneous striking ‘‘Except as provided in subsection (b) of a mature and successful program. It material on the Senate amendments to this section, the’’ and inserting ‘‘The’’; works and for those reasons, I move H.R. 834. (13) in section 307 (16 U.S.C. 470w–6) by redes- the bill and urge its passage. The SPEAKER pro tempore. Is there ignating subsections (c) through (f), as amend- Mr. Speaker, I reserve the balance of ed, as subsections (b) through (e), respectively; objection to the request of the gen- and my time. tleman from Colorado? (14) in subsection 404(c)(2) (16 U.S.C. 470x– Mr. UNDERWOOD. Mr. Speaker, I There was no objection. 3(c)(2)) by striking ‘‘organizations, and’’ and in- yield myself such time as I may con- f serting ‘‘organizations; and’’. sume. (b) Section 114 of Public Law 96–199 (94 Stat. (Mr. UNDERWOOD asked and was ESTABLISHING A FEE SYSTEM 71) is amended by striking ‘‘subsection 6(c)’’ and given permission to revise and extend FOR COMMERCIAL FILMING AC- inserting ‘‘subsection 206(c)’’. his remarks.) TIVITIES ON FEDERAL LAND The SPEAKER pro tempore. Pursu- Mr. UNDERWOOD. Mr. Speaker, H.R. Mr. HEFLEY. Mr. Speaker, I move to ant to the rule, the gentleman from 834 reauthorizes funding for the Na- suspend the rules and concur in the Colorado (Mr. HEFLEY) and the gen- tional Historic Preservation Fund and Senate amendments to the bill (H.R. tleman from Guam (Mr. UNDERWOOD) the Advisory Council on Historic Pres- 154) to provide for the collection of fees each will control 20 minutes. ervation. The bill also makes several for the making of motion pictures, tel- The Chair recognizes the gentleman minor changes to the National Historic evision productions, and sound tracks from Colorado (Mr. HEFLEY). Preservation Act. The legislation was in National Park System and National Mr. HEFLEY. Mr. Speaker, I yield originally considered by the House in Wildlife Refuge System units, and for myself such time as I may consume. September of last year and passed by other purposes. Mr. Speaker, it seems to me that one voice vote. Subsequently, the Senate The Clerk read as follows: of the basic purposes of government is took up the legislation on April 13, 2000 Senate amendments: to preserve the cultural fabric of the and returned it to the House with an Strike out all after the enacting clause and Nation. Since 1966, one way this Nation amendment. insert: H3480 CONGRESSIONAL RECORD — HOUSE May 22, 2000 SECTION 1. COMMERCIAL FILMING. duced this bill 3 years ago, a lady in ment agencies, then that is a desired (a) COMMERCIAL FILMING FEE.—The Secretary Englewood, Colorado, contacted my of- result. of the Interior and the Secretary of Agriculture fice and wanted to know why Holly- b 1415 (hereinafter individually referred to as the ‘‘Sec- wood directors could film on Park retary’’ with respect to lands under their respec- Service land for free. H.R. 154 strikes the proper balance tive jurisdiction) shall require a permit and shall between use and preservation. It is the establish a reasonable fee for commercial filming To the surprise of virtually everyone, we found that the Park Service and the right thing to do. I urge its passage. activities or similar projects on Federal lands Mr. Speaker, I reserve the balance of administered by the Secretary. Such fee shall Fish and Wildlife Service had been for- my time. provide a fair return to the United States and bidden by regulation to collect such shall be based upon the following criteria: Mr. UNDERWOOD. Mr. Speaker, I film fees since 1948. yield myself such time as I may con- (1) The number of days the filming activity or No one knows why. We have tried to similar project takes place on Federal land sume. find out. No one knows why. This bill (Mr. UNDERWOOD asked and was under the Secretary’s jurisdiction. is our attempt to remedy this situa- (2) The size of the film crew present on Fed- given permission to revise and extend eral land under the Secretary’s jurisdiction. tion. his remarks.) (3) The amount and type of equipment The bill directs the Secretaries of In- Mr. UNDERWOOD. Mr. Speaker, H.R. present. terior and Agriculture to establish a 154, as passed by the House in April The Secretary may include other factors in de- reasonable fee for commercial filming 1999, provided for the collection of fees termining an appropriate fee as the Secretary activities on lands under their jurisdic- for the making of motion pictures, tel- deems necessary. tion. evision production, sound tracks, and (b) RECOVERY OF COSTS.—The Secretary shall The fees collected would then be di- still photography on lands within the also collect any costs incurred as a result of vided according to the formula set filming activities or similar project, including administrative jurisdiction of the De- but not limited to administrative and personnel down in the recreational fee dem- partment of Interior. costs. All costs recovered shall be in addition to onstration program, with 70 percent re- The Senate subsequently took up the the fee assessed in subsection (a). maining in the unit where it was col- legislation in November of last year (c) STILL PHOTOGRAPHY.—(1) Except as pro- lected and 30 percent systemwide use. and has returned the bill to the House vided in paragraph (2), the Secretary shall not These fees would be used to cover all with an amendment in the nature of a require a permit nor assess a fee for still photog- costs associated with giving film, substitute. The Senate amendment raphy on lands administered by the Secretary if video, and photography professionals makes numerous changes to the House such photography takes place where members of access to the land. bill. While a number of these changes the public are generally allowed. The Secretary The bill also prohibits filming, tap- may require a permit, fee, or both, if such pho- are minor and technical in nature, oth- tography takes place at other locations where ing, and photography in areas where ers were substantive, and there was lit- members of the public are generally not allowed, such activity could cause environ- tle or no legislative history developed or where additional administrative costs are mental damage, disrupt public use of to determine the basis for the Senate likely. the land, or cause health or safety con- changes. (2) The Secretary shall require and shall es- cerns. The most substantive change in- tablish a reasonable fee for still photography Finally, the bill requires that the volves adding the Forest Service to the that uses models or props which are not a part Secretaries create a process that will legislation. As the Forest Service testi- of the site’s natural or cultural resources or ad- ensure timely responses to permit re- ministrative facilities. fied in the Senate, the agency already quests. (d) PROTECTION OF RESOURCES.—The Sec- has the authority to collect film fees retary shall not permit any filming, still photog- The bill before us incorporates the and, in fact, does collect such fees. raphy or other related activity if the Secretary Senate’s language which, by and large, Concerns have been raised that the determines— has the effect of recognizing that one Senate language may be inconsistent (1) there is a likelihood of resource damage; of the Nation’s land management agen- with the existing Forest Service regu- (2) there would be an unreasonable disruption cies, the U.S. Forest Service, is part of lations. It should be noted that the lan- of the public’s use and enjoyment of the site; or the Department of Agriculture, not In- guage of H.R. 154 is intended to be sup- (3) that the activity poses health or safety terior, but should also have a film pol- risks to the public. plemental to the existing authorities icy. (e) USE OF PROCEEDS.—(1) All fees collected that the Forest Service and other agen- under this Act shall be available for expenditure In fact, the Forest Service already cies possess to regulate commercial by the Secretary, without further appropriation, has such a policy, and this legislation filming and photography. in accordance with the formula and purposes would serve as a floor for that existing In fact, all of the Federal agencies established for the Recreational Fee Demonstra- program. covered by H.R. 154 do have regulations tion Program (Public Law 104–134). All fees col- H.R. 154 is the result of an unusual on this matter. The purpose of H.R. 154 lected shall remain available until expended. degree of cooperation between my of- is to close a loophole that has pre- (2) All costs recovered under this Act shall be fice, the Department of Interior, and vented the National Park Service and available for expenditure by the Secretary, with- the Motion Picture Association of out further appropriation, at the site where col- Fish and Wildlife Service from charg- lected. All costs recovered shall remain available America. Its passage is supported by ing fees for the use of public land for until expended. the Interior Department, the National commercial filming and photography (f) PROCESSING OF PERMIT APPLICATIONS.— Parks and Conservation Association, purposes and to allow all of the land The Secretary shall establish a process to ensure the MPAA and commercial still pho- management agencies to retain and ex- that permit applicants for commercial filming, tographers. pend such fees for authorized purposes. still photography, or other activity are re- It is indeed rare when a measure is As supplemental authority, we do not sponded to in a timely manner. endorsed by those who will be paying believe it is necessary for the agencies The SPEAKER pro tempore. Pursu- its fees. Its passage is one of Fish and to issue all new regulations since such ant to the rule, the gentleman from Wildlife Service’s top four legislative regulations are already on the books. Colorado (Mr. HEFLEY) and the gen- priorities. This is especially important with re- tleman from Guam (Mr. UNDERWOOD) In conclusion, this bill presents a gard to fees. New regulations could each will control 20 minutes. win/win situation. We want people to delay the collection and distribution of The Chair recognizes the gentleman film in our national parks. After all, fees for a significant period of time, from Colorado (Mr. HEFLEY). many people were probably first ex- thus delaying the underlying purpose Mr. HEFLEY. Mr. Speaker, I yield posed to our public lands through the of this bill. Rather, the agencies should myself such time as I may consume. classic westerns of John Ford, which publish a schedule of such fees if they Mr. Speaker, the bill before us, H.R. were filmed on public lands near Moab, have not previously done so, allowing 154, would establish a uniform Federal Utah. appropriate public review and com- policy for the collection of fees for At the same time, we do not want our ment before implementation. commercial film work on America’s public lands turned into sound stages. We have been assured that the other public lands. If permitting filming allows us to re- changes made by the Senate can also This bill is the result of some real coup its costs and to deal with some of be addressed through the existing regu- grass-roots interest. Before I intro- the other needs of our land manage- latory authorities that the agencies May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3481 possess. We expect those agencies to Kake Tribal Corporation, and for other under the administrative jurisdiction of the use their regulatory authority to ad- purposes, as amended. Secretary. Any exchange under this para- dress such matters as bonding insur- The Clerk read as follows: graph shall be subject to the mutual consent ance and enforcement. of the United States Forest Service and S. 430 Sealaska Corporation. Mr. Speaker, everyone agrees that Be it enacted by the Senate and House of Rep- ‘‘(d) WITHDRAWAL.—Subject to valid exist- there should be fair and reasonable fees resentatives of the United States of America in ing rights, the lands described in subsection for the use of public resources for com- Congress assembled, (c)(2) are withdrawn from all forms of loca- mercial filming and photography. With SECTION 1. SHORT TITLE. tion, entry, and selection under the mining the understanding that the concerns This Act may be cited as the ‘‘Kake Tribal and public land laws of the United States raised today can be dealt with by the Corporation Land Transfer Act’’. and from leasing under the mineral and geo- thermal leasing laws. This withdrawal ex- agencies involved, we will not object to SEC. 2. DECLARATION OF PURPOSE. pires 18 months after the effective date of The purpose of this Act is to authorize the the passage of H.R. 154, as amended. this section. reallocation of lands and selection rights be- I congratulate the gentleman from ‘‘(e) MAPS.—The maps referred to in this Colorado (Mr. HEFLEY) for this meas- tween the State of Alaska, Kake Tribal Cor- Act shall be maintained on file in the Office ure. poration, and the City of Kake, Alaska, in of the Chief, United States Forest Service, order to provide for the protection and man- the Office of the Secretary of the Interior, Mr. Speaker, I have no requests for agement of the municipal watershed. time, and I yield back the balance of and the Office of the Petersburg Ranger Dis- SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS my time. trict, Alaska. SETTLEMENT ACT. ‘‘(f) WATERSHED MANAGEMENT.—The United Mr. HEFLEY. Mr. Speaker, I yield The Alaska Native Claims Settlement Act States Forest Service may cooperate with myself such time as I may consume. (43 U.S.C. 1601 note) is amended by adding at Kake Tribal Corporation and the City of Mr. Speaker, I would like to express the end the following new section: Kake in developing a watershed management my appreciation to the gentleman from ‘‘KAKE TRIBAL CORPORATION LAND TRANSFER plan that provides for the protection of the Guam (Mr. UNDERWOOD), to the minor- ‘‘SEC. 42. (a) IN GENERAL.—If— watershed in the public interest. Grants may ity and the majority and our com- ‘‘(1) the State of Alaska relinquishes its se- be made, and contracts and cooperative mittee, the Committee on Resources, lection rights under the Alaska Statehood agreements may be entered into, to the ex- for their help on this legislation. It has Act (Public Law 85–508) to lands described in tent necessary to assist the City of Kake and subsection (c)(2) of this section; and Kake Tribal Corporation in the preparation taken a lot longer than it should have. and implementation of a watershed manage- I think it will be very meaningful. ‘‘(2) Kake Tribal Corporation and Sealaska Corporation convey all right, title, and in- ment plan for the land within the City of We are happy to try to work to en- terest to lands described in subsection (c)(1) Kake’s municipal watershed. courage, if there are any problems in to the City of Kake, Alaska, ‘‘(g) EFFECTIVE DATE.—This section is ef- fective upon the execution of one or more implementation, to encourage that to then the Secretary of Agriculture (herein- be taken care of. But I think we are conservation easements that, subject to after referred to as ‘Secretary’) shall, not valid existing rights of third parties— making a major step. later than 180 days thereafter, convey to Mr. Speaker, I yield back the balance ‘‘(1) encumber all lands depicted as ‘KTC Kake Tribal Corporation title to the surface Land to City of Kake’ and ‘KTC Land-Con- of my time. estate in the land identified in subsection servation Easement to SEAL Trust’ on a The SPEAKER pro tempore (Mr. MIL- (c)(2) of this section, and convey to Sealaska map entitled ‘Kake Land Exchange-2000’ LER of Florida). The question is on the Corporation title to the subsurface estate in dated May 2000; motion offered by the gentleman from such land. ‘‘(2) provide for the relinquishment by ‘‘(b) EFFECT ON SELECTION TOTALS.—(1) Of Kake Tribal Corporation of the Corporation’s Colorado (Mr. HEFLEY) that the House the lands to which the State of Alaska relin- suspend the rules and concur in the development rights on lands described in quishes selection rights and which are con- paragraph (1); and Senate amendments to the bill, H.R. veyed to the City of Kake pursuant to sub- 154. ‘‘(3) provide for perpetual protection and section (a), 694.5 acres shall be charged management of lands depicted as ‘KTC Land The question was taken; and (two- against lands to be selected by the State of to City of Kake’ and ‘KTC Land-Conserva- thirds having voted in favor thereof) Alaska under section 6(a) of the Alaska tion Easement to SEAL Trust’ on the map the rules were suspended and the Sen- Statehood Act and 694.5 acres against lands described in paragraph (1) as— ate amendments were concurred in. to be selected by the State of Alaska under ‘‘(A) a watershed; section 6(b) of the Alaska Statehood Act. ‘‘(B) a municipal drinking water source in The title of the bill was amended so ‘‘(2) The land conveyed to Kake Tribal Cor- as to read: accordance with the laws of the State of poration and to Sealaska Corporation under Alaska; ‘‘An Act to allow the Secretary of the Inte- this section is, for all purposes, considered to ‘‘(C) a source of fresh water for the Gunnuk rior and the Secretary of Agriculture to es- be land conveyed under this Act. However, Creek Hatchery; and tablish a fee system for commercial filming the conveyance of such land to Kake Tribal ‘‘(D) habitat for black bear, deer, birds, and activities on Federal land, and for other pur- Corporation shall not count against or other- other wildlife. poses.’’. wise affect the Corporation’s remaining enti- ‘‘(h) TIMBER MANUFACTURING; EXPORT RE- A motion to reconsider was laid on tlement under section 16(b). STRICTION.—Notwithstanding any other pro- the table. ‘‘(c) LANDS SUBJECT TO EXCHANGE.—(1) The vision of law, timber harvested from lands lands to be transferred to the City of Kake f conveyed to Kake Tribal Corporation under under subsection (a) are the surface and sub- this section shall not be available for export GENERAL LEAVE surface estate to approximately 1,430 acres of as unprocessed logs from Alaska, nor may land owned by Kake Tribal Corporation and Mr. HEFLEY. Mr. Speaker, I ask Kake Tribal Corporation sell, trade, ex- Sealaska Corporation, and depicted as ‘KTC change, substitute, or otherwise convey such unanimous consent that all Members Land to City of Kake’ on the map entitled timber to any person for the purpose of ex- may have 5 legislative days within ‘Kake Land Exchange-2000’, dated May 2000. porting that timber from the State of Alas- which to revise and extend their re- ‘‘(2) The lands subject to relinquishment ka. marks and include extraneous material by the State of Alaska and to conveyance to ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— on H.R. 154. Kake Tribal Corporation and Sealaska Cor- There are authorized such sums as may be The SPEAKER pro tempore. Is there poration under subsection (a) are the surface necessary to carry out this Act, including to and subsurface estate to approximately 1389 objection to the request of the gen- compensate Kake Tribal Corporation for re- acres of Federal lands depicted as ‘Jenny linquishing its development rights pursuant tleman from Colorado? Creek-Land Selected by the State of Alaska to subsection (g)(2) and to provide assistance There was no objection. to KTC’ on the map entitled ‘Kake Land Ex- to Kake Tribal Corporation to meet the re- f change-2000’, dated May 2000. quirements of subsection (h). No funds au- ‘‘(3) In addition to the transfers authorized KAKE TRIBAL CORPORATION LAND thorized under this section may be paid to under subsection (a), the Secretary may ac- Kake Tribal Corporation unless Kake Tribal TRANSFER ACT quire from Sealaska Corporation the sub- Corporation is a party to the conservation Mr. YOUNG of Alaska. Mr. Speaker, I surface estate to approximately 1,127 acres of easements described in subsection (g).’’. move to suspend the rules and pass the land depicted as ‘KTC Land-Conservation The SPEAKER pro tempore. Pursu- Easement to SEAL Trust’ on the map enti- Senate bill (S. 430) to amend the Alas- tled ‘Kake Land Exchange-2000’, dated May ant to the rule, the gentleman from ka Native Claims Settlement Act to 2000, through a land exchange for the sub- Alaska (Mr. YOUNG) and the gentleman provide for a land exchange between surface estate to approximately 1,168 acres of from Guam (Mr. UNDERWOOD) each will the Secretary of Agriculture and the Federal land in southeast Alaska that is control 20 minutes. H3482 CONGRESSIONAL RECORD — HOUSE May 22, 2000 The Chair recognizes the gentleman (Mr. UNDERWOOD asked and was Mr. YOUNG of Alaska. Mr. Speaker, I from Alaska (Mr. YOUNG). given permission to revise and extend have no further requests for time, and GENERAL LEAVE his remarks.) I yield back the balance of my time. Mr. YOUNG of Alaska. Mr. Speaker, I Mr. UNDERWOOD. Mr. Speaker, I The SPEAKER pro tempore. The ask unanimous consent that all Mem- rise in support of the legislation as question is on the motion offered by bers may have 5 legislative days within amended by the Committee on Re- the gentleman from Alaska (Mr. which to revise and extend their re- sources. At issue here is a bankrupt YOUNG) that the House suspend the marks and include extraneous material Alaska Native village corporation rules and pass the Senate bill, S. 430, as on S. 430. which is unable to log 2,500 acres of its amended. The SPEAKER pro tempore. Is there lands which are adjacent to the com- The question was taken; and (two- objection to the request of the gen- munity of Kake in southeast Alaska. thirds having voted in favor thereof) tleman from Alaska? Most of the corporation’s 23,000-plus the rules were suspended and the Sen- There was no objection. acres of lands have already been in- ate bill, as amended, was passed. Mr. YOUNG of Alaska. Mr. Speaker, I tensely logged, and the remaining A motion to reconsider was laid on yield myself such time as I may con- uncut lands provide the watershed for the table. sume. the Kake residents and habitat for Mr. Speaker, S. 430 provides for a f salmon and black bears. land exchange to resolve a problem In settlement of the 1984 lawsuit FEDERAL COURTS IMPROVEMENT faced by a town in Tongass National brought because logging operations ACT OF 2000 Forest. The Committee on Resources were polluting the community’s drink- favorably reported S. 430 with an Mr. COBLE. Mr. Speaker, I move to amendment. The bill under consider- ing water, the Kake Corporation and suspend the rules and pass the bill ation today contains further changes the city of Kake agreed not to allow (H.R. 1752) to make improvements in to the reported bill. additional logging in the watershed the operation and administration of The purpose of S. 430 is to protect the lands. the Federal courts, and for other pur- watershed of the City of Kake, Alaska, As passed by the Senate, S. 430 would poses, as amended. and to maintain the value of private have forced the Forest Service to ex- The Clerk read as follows: native lands that form this watershed. change additional lands from the H.R. 1752 The watershed lands are owned by the Tongass National Forest to the Kake Be it enacted by the Senate and House of Rep- Kake Tribal Corporation, an Alaska Corporation. The administration has resentatives of the United States of America in Native Corporation. opposed this legislation. We share their Congress assembled, Kake Tribal owns about 2,500 acres of concerns and do not think that the na- SECTION 1. SHORT TITLE AND TABLE OF CON- land forming the watershed for a creek tional forest should serve as a land TENTS. that supplies the city residents a fish bank to be drawn upon whenever Na- (a) SHORT TITLE.—This Act may be cited as hatchery with clean, fresh water. tive corporations face financial prob- the ‘‘Federal Courts Improvement Act of The property has valuable timber, lems and want new Federal lands con- 2000’’. (b) TABLE OF CONTENTS.—The table of con- but its location on the watershed has taining old-growth timber. tents of this Act is as follows: persuaded the corporation’s board of But this bill has been greatly im- TITLE I—JUDICIAL FINANCIAL directors not to authorize logging it, in proved by the committee amendment ADMINISTRATION keeping with the wishes of the city and working closely together. Sec. 101. Transfer of retirement funds. residents. Instead of Tongass National Forest Sec. 102. Judiciary Information Technology Last year, the Kake Tribal Corpora- lands being conveyed out of public Fund. tion filed for bankruptcy, the victim of ownership as set forth in the Senate Sec. 103. Bankruptcy fees. a controversial lawsuit. As a result, bill, the State of Alaska will now par- Sec. 104. Disposition of miscellaneous fees. the board may have to log the water- ticipate in the resolution of a local Sec. 105. Repeal of statute setting Court of shed to pay anxious creditors. problem by exchanging State selected Federal Claims filing fee. Alaska strongly supports timber har- lands with the Kake Corporation. Sec. 106. Technical amendment relating to vest, but only when it makes sense. The 1,430 acres obtained from Kake the treatment of certain bank- While the city of Kake has made it ruptcy fees collected. Corporation will, in turn, be trans- Sec. 107. Increase in fee for converting a clear that logging should not occur on ferred by the State of Alaska to the the municipal watershed, the corpora- chapter 7 or chapter 13 bank- city of Kake to protect the municipal ruptcy case to a chapter 11 tion finds itself in a no-win situation watershed. The amended bill also au- bankruptcy case. and may have to log the property be- thorizes the purchase using funds to be Sec. 108. Increase in chapter 9 bankruptcy cause of the bankruptcy. appropriated by Congress of a con- filing fee. S. 430, as supported by the Com- servation easement for an additional Sec. 109. Creation of certifying officers in mittee on Resources, offers a reason- the judicial branch. able solution. The bill authorizes a 1,127 acres of Kake Corporation-owned Sec. 110. Fee authority for technology re- land exchange, in combination with a lands within the municipal watershed. sources in the courts. Under the conservation easement, conservation easement, to fulfill three TITLE II—JUDICIAL PROCESS basic purposes: protect the watershed these lands would be managed by the IMPROVEMENTS lands from harmful development, Southeast Alaska Land Trust to assure Sec. 201. Extension of statutory authority maintain the full value of the Kake Na- clean drinking water for the residents for magistrate judge positions tives’ lands and interest, and enable of Kake and to provide a fish and wild- to be established in the district them to generate revenues in a way life reserve for black bear and salmon. courts of Guam and the North- that should satisfy its creditors. Mr. Speaker, I especially want to rec- ern Mariana Islands. ognize the gentleman from Alaska (Mr. Sec. 202. Magistrate judge contempt author- This bill is the product of lengthy ne- ity. gotiation and the gentleman from Cali- YOUNG), the chairman of the Com- mittee on Resources, for his pragmatic Sec. 203. Consent to magistrate judge au- fornia (Mr. GEORGE MILLER), ranking thority in petty offense cases Democrat, and his staff; and I would approach in this legislation. and magistrate judge authority commend all of them for their sound The Kake Tribal Corporation, the in misdemeanor cases involving advice and assistance. U.S. Forest Service, Alaska Governor juvenile defendants. S. 430 is a practical solution to a Tony Knowles, and the Southeast Alas- Sec. 204. Savings and loan data reporting re- present problem affecting a small town ka Conservation Council all deserve quirements. in the Nation’s largest national forest. credit for their efforts to negotiate a Sec. 205. Place of holding court in the East- ern District of Texas. I urge its passage. constructive resolution in this matter. I urge all Members to support S. 430, Sec. 206. Federal substance abuse treatment Mr. Speaker, I reserve the balance of program reauthorization. my time. as amended. Sec. 207. Membership in circuit judicial Mr. UNDERWOOD. Mr. Speaker, I Mr. Speaker, I have no requests for councils. yield myself such time as I may con- time, and I yield back the balance of Sec. 208. Sunset of Civil Justice Expense and sume. my time. Delay Reduction Plans. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3483 Sec. 209. Technical bankruptcy correction. (1) by striking ‘‘equipment’’ each place it United States Code, is amended by adding at Sec. 210. Authority of presiding judge to appears and inserting ‘‘resources’’; the end the following new section: allow media coverage of court (2) by striking subsection (f) and redesig- ‘‘§ 613. Disbursing and certifying officers proceedings. nating subsequent subsections accordingly; TITLE III—JUDICIARY PERSONNEL AD- (3) in subsection (g), as so redesignated, by ‘‘(a) DISBURSING OFFICERS.—The Director MINISTRATION, BENEFITS, AND PRO- striking paragraph (3); and may designate in writing officers and em- TECTIONS (4) in subsection (i), as so redesignated— ployees of the judicial branch of the Govern- Sec. 301. Disability retirement and cost-of- (A) by striking ‘‘Judiciary’’ and inserting ment, including the courts as defined in sec- living adjustments of annuities ‘‘judiciary’’; tion 610 other than the Supreme Court, to be for territorial judges. (B) by striking ‘‘subparagraph (c)(1)(B)’’ disbursing officers in such numbers and loca- Sec. 302. Federal Judicial Center personnel and inserting ‘‘subsection (c)(1)(B)’’; and tions as the Director considers necessary. matters. (C) by striking ‘‘under (c)(1)(B)’’ and in- Such dispersing officers shall— Sec. 303. Judicial administrative officials re- serting ‘‘under subsection (c)(1)(B)’’. ‘‘(1) disburse moneys appropriated to the tirement matters. SEC. 103. BANKRUPTCY FEES. judicial branch and other funds only in strict Sec. 304. Judges’ firearms training. Subsection (a) of section 1930 of title 28, accordance with payment requests certified Sec. 305. Removal of automatic excuse from United States Code, is amended by inserting by the Director or in accordance with sub- jury service for members of the after paragraph (6) the following new para- section (b); Armed Services, members of graph: ‘‘(2) examine payment requests as nec- fire and police departments, ‘‘(7) In districts that are not part of a essary to ascertain whether they are in prop- and public officers. United States trustee region as defined in er form, certified, and approved; and Sec. 306. Expanded workers’ compensation section 581 of this title, the Judicial Con- ‘‘(3) be held accountable for their actions coverage for jurors. ference of the United States may require the as provided by law, except such a disbursing Sec. 307. Property damage, theft, and loss debtor in a case under chapter 11 of title 11 officer shall not be held accountable or re- claims of jurors. to pay fees equal to those imposed by para- sponsible for any illegal, improper, or incor- Sec. 308. Elimination of the public drawing graph (6). Such fees shall be deposited into rect payment resulting from any false, inac- requirements for selection of the fund established under section 1931.’’. curate, or misleading certificate for which a juror wheels. SEC. 104. DISPOSITION OF MISCELLANEOUS certifying officer is responsible under sub- Sec. 309. Annual leave limit for court unit FEES. section (b). executives. For fiscal year 2000 and thereafter, any Sec. 310. Payments to Military Survivor ‘‘(b) CERTIFYING OFFICERS.—(1) The Direc- portion of miscellaneous fees collected as tor may designate in writing officers and em- Benefit Plan. prescribed by the Judicial Conference of the Sec. 311. Authorization of a circuit execu- ployees of the judicial branch of the Govern- United States pursuant to sections 1913, ment, including the courts as defined in sec- tive for the Federal Circuit. 1914(b), 1926(a), 1930(b), and 1932 of title 28, Sec. 312. Amendment to the jury selection tion 610 other than the Supreme Court, to United States Code, exceeding the amount of process. certify payment requests payable from ap- such fees established on the date of the en- Sec. 313. Supplemental attendance fee for propriations and funds. These certifying offi- actment of this Act shall be deposited into petit jurors serving on lengthy cers shall be responsible and accountable the special fund of the Treasury established trials. under section 1931 of title 28, United States for— Sec. 314. Service on territorial courts. Code. ‘‘(A) the existence and correctness of the Sec. 315. Residence of retired judges. facts recited in the certificate or other re- SEC. 105. REPEAL OF STATUTE SETTING COURT Sec. 316. Court of Federal Claims Judicial quest for payment or its supporting papers; Conference. OF FEDERAL CLAIMS FILING FEE. Section 2520 of title 28, United States Code, ‘‘(B) the legality of the proposed payment Sec. 317. Recall of judges on disability sta- under the appropriation or fund involved; tus. and the item relating to such section in the table of contents for chapter 165 of such and Sec. 318. Senior status provision. ‘‘(C) the correctness of the computations of Sec. 319. Miscellaneous provision. title, are repealed. certified payment requests. TITLE IV—CRIMINAL JUSTICE ACT SEC. 106. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF CERTAIN BANK- AMENDMENTS ‘‘(2) The liability of a certifying officer RUPTCY FEES COLLECTED. shall be enforced in the same manner and to Sec. 401. Maximum amounts of compensa- (a) AMENDMENT.—The first sentence of sec- the same extent as provided by law with re- tion for attorneys. tion 406(b) of the Departments of Commerce, spect to the enforcement of the liability of Sec. 402. Maximum amounts of compensa- Justice, and State, the Judiciary, and Re- disbursing and other accountable officers. A tion for services other than lated Agencies Appropriations Act, 1990 certifying officer shall be required to make counsel. (Public Law 101–162; 103 Stat. 1016) is amend- restitution to the United States for the Sec. 403. Tort Claims Act amendments relat- ed by striking ‘‘service enumerated after amount of any illegal, improper, or incorrect ing to liability of Federal pub- item 18’’ and inserting ‘‘service not of a kind payment resulting from any false, inac- lic defenders. described in any of the items enumerated as curate, or misleading certificates made by TITLE I—JUDICIAL FINANCIAL items 1 through 7 and as items 9 through 18, the certifying officer, as well as for any pay- ADMINISTRATION as in effect on November 21, 1989, (and not of ment prohibited by law or which did not rep- a kind described in items enumerated as SEC. 101. TRANSFER OF RETIREMENT FUNDS. resent a legal obligation under the appro- items 8.1, 8.2, and 23, as in effect on January Section 377 of title 28, United States Code, priation or fund involved. is amended by adding at the end the fol- 1, 1998)’’. (b) APPLICATION OF AMENDMENT.—The ‘‘(c) RIGHTS.—A certifying or disbursing lowing new subsection: officer— ‘‘(p) TRANSFER OF RETIREMENT FUNDS.— amendment made by subsection (a) shall not ‘‘(1) has the right to apply for and obtain a Upon election by a bankruptcy judge or a apply with respect to fees collected before decision by the Comptroller General on any magistrate judge under subsection (f) of this the date of the enactment of this Act. question of law involved in a payment re- section, all of the accrued employer con- SEC. 107. INCREASE IN FEE FOR CONVERTING A quest presented for certification; and tributions and accrued interest on those con- CHAPTER 7 OR CHAPTER 13 BANK- RUPTCY CASE TO A CHAPTER 11 ‘‘(2) is entitled to relief from liability aris- tributions made on behalf of the bankruptcy BANKRUPTCY CASE. ing under this section in accordance with judge or magistrate judge to the Civil Serv- The flush paragraph at the end of section title 31. ice Retirement and Disability Fund under 1930(a) of title 28, United States Code, is ‘‘(d) OTHER AUTHORITY NOT AFFECTED.— section 8348 of title 5 shall be transferred to amended by striking ‘‘of $400’’ and inserting Nothing in this section affects the authority the fund established under section 1931 of ‘‘which is the amount equal to the difference of the courts with respect to moneys depos- this title, except that if the bankruptcy between the fee specified in paragraph (3) ited with the courts under chapter 129 of this judge or magistrate judge elects, under sec- and the fee specified in paragraph (1)’’. title.’’. tion 2(c) of the Retirement and Survivors’ SEC. 108. INCREASE IN CHAPTER 9 BANKRUPTCY Annuities for Bankruptcy Judges and Mag- FILING FEE. (b) CONFORMING AMENDMENT.—The table of istrates Act of 1988 (Public Law 100–659), to Section 1930(a)(2) of title 28, United States sections for chapter 41 of title 28, United receive a retirement annuity under both this Code, is amended by striking ‘‘$300’’ and in- States Code, is amended by adding at the end section and title 5, only the accrued em- serting ‘‘an amount equal to the fee specified the following new item: ployer contributions and accrued interest on in paragraph (3) for filing a case under chap- ‘‘613. Disbursing and certifying officers.’’. such contributions made on behalf of the ter 11 of title 11. The amount by which the bankruptcy judge or magistrate judge for fee payable under this paragraph exceeds $300 (c) DUTIES OF DIRECTOR.—Paragraph (8) of service credited under this section may be shall be deposited in the fund established subsection (a) of section 604 of title 28, transferred.’’. under section 1931 of this title’’. United States Code, is amended to read as SEC. 102. JUDICIARY INFORMATION TECH- SEC. 109. CREATION OF CERTIFYING OFFICERS follows: NOLOGY FUND. IN THE JUDICIAL BRANCH. ‘‘(8) Disburse appropriations and other Section 612 of title 28, United States Code, (a) APPOINTMENT OF DISBURSING AND CERTI- funds for the maintenance and operation of is amended— FYING OFFICERS.—Chapter 41 of title 28, the courts;’’. H3484 CONGRESSIONAL RECORD — HOUSE May 22, 2000

SEC. 110. FEE AUTHORITY FOR TECHNOLOGY RE- rule, decree, or command. Disposition of (2) CASES INVOLVING JUVENILES.—Section SOURCES IN THE COURTS. such contempt shall be conducted upon no- 3401(g) of title 18, United States Code, is (a) IN GENERAL.—Chapter 41 of title 28, tice and hearing pursuant to the Federal amended— United States Code, is amended by adding at Rules of Criminal Procedure. (A) by striking the first sentence and in- the end the following: ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL serting the following: ‘‘The magistrate judge ‘‘§ 614. Authority to prescribe fees for tech- CONSENT AND MISDEMEANOR CASES.—In any may, in a petty offense case involving a juve- nology resources in the courts case in which a United States magistrate nile, exercise all powers granted to the dis- ‘‘The Judicial Conference is authorized to judge presides with the consent of the par- trict court under chapter 403 of this title.’’; prescribe reasonable fees pursuant to sec- ties under subsection (c) of this section, and (B) in the second sentence by striking ‘‘any tions 1913, 1914, 1926, 1930, and 1932, for use of in any misdemeanor case proceeding before a other class B or C misdemeanor case’’ and in- information technology resources provided magistrate judge under section 3401 of title serting ‘‘the case of any misdemeanor, other by the judiciary to improve the efficiency of 18, the magistrate judge may exercise the than a petty offense,’’; and and access to the courts. Fees collected pur- civil contempt authority of the district (C) by striking the last sentence. suant to this section are to be deposited in court. This paragraph shall not be construed (b) AMENDMENTS TO TITLE 28.—Section the Judiciary Information Technology Fund to limit the authority of a magistrate judge 636(a) of title 28, United States Code, is to be available to the Director without fiscal to order sanctions pursuant to any other amended by striking paragraphs (4) and (5) year limitation for reinvestment in informa- statute, the Federal Rules of Civil Proce- and inserting the following: tion technology resources which will ad- dure, or the Federal Rules of Criminal Proce- ‘‘(4) the power to enter a sentence for a vance the purposes of this section.’’. dure. petty offense; and (b) CONFORMING AMENDMENT.—The table of ‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The ‘‘(5) the power to enter a sentence for a sections for chapter 41 of title 28, United sentence imposed by a magistrate judge for class A misdemeanor in a case in which the States Code, is amended by adding at the end any criminal contempt set forth in para- parties have consented.’’. the following new item: graphs (2) and (3) of this subsection shall not SEC. 204. SAVINGS AND LOAN DATA REPORTING ‘‘614. Authority to prescribe fees for tech- exceed the penalties for a Class C mis- REQUIREMENTS. Section 604 of title 28, United States Code, nology resources in the demeanor as set forth in sections 3581(b)(8) is amended in subsection (a) by striking the courts.’’. and 3571(b)(6) of title 18. ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO second paragraph designated (24) (relating to TITLE II—JUDICIAL PROCESS THE DISTRICT COURT.—Upon the commission the savings and loan crisis). IMPROVEMENTS of any act— SEC. 205. PLACE OF HOLDING COURT IN THE SEC. 201. EXTENSION OF STATUTORY AUTHORITY ‘‘(A) in any case in which a United States EASTERN DISTRICT OF TEXAS. FOR MAGISTRATE JUDGE POSITIONS magistrate judge presides with the consent (a) TEXAS.—Section 124(c) of title 28, TO BE ESTABLISHED IN THE DIS- of the parties under subsection (c) of this United States Code, is amended— TRICT COURTS OF GUAM AND THE (1) in paragraph (3)— NORTHERN MARIANA ISLANDS. section, or in any misdemeanor case pro- (A) by striking ‘‘Denton, and Grayson’’ and Section 631 of title 28, United States Code, ceeding before a magistrate judge under sec- inserting ‘‘Delta, Denton, Fannin, Grayson, is amended— tion 3401 of title 18, that may, in the opinion Hopkins, and Lamar’’; and (1) by striking the first two sentences of of the magistrate judge, constitute a serious (B) by inserting ‘‘and Plano’’ after ‘‘held at subsection (a) and inserting the following: criminal contempt punishable by penalties Sherman’’; ‘‘The judges of each United States district exceeding those set forth in paragraph (5) of (2) by striking paragraph (4) and redesig- court and the district courts of the Virgin Is- this subsection, or nating paragraphs (5) through (7) as para- lands, Guam, and the Northern Mariana Is- ‘‘(B) in any other case or proceeding under graphs (4) through (6), respectively; and lands shall appoint United States magistrate subsection (a) or (b) of this section, or any (3) in paragraph (5), as so redesignated, by judges in such numbers and to serve at such other statute, where— inserting ‘‘Red River,’’ after ‘‘Franklin,’’. locations within the judicial districts as the ‘‘(i) the act committed in the magistrate judge’s presence may, in the opinion of the (b) TEXARKANA.—Sections 83(b)(1) and Conference may determine under this chap- 124(c)(5) (as redesignated by subsection (a) of ter. In the case of a magistrate judge ap- magistrate judge, constitute a serious crimi- nal contempt punishable by penalties ex- this section) of title 28, United States Code, pointed by the district court of the Virgin Is- are each amended by inserting after ‘‘held at lands, Guam, or the Northern Mariana Is- ceeding those set forth in paragraph (5) of this subsection, Texarkana’’ the following: ‘‘, and may be lands, this chapter shall apply as though the held anywhere within the Federal court- court appointing such a magistrate judge ‘‘(ii) the act that constitutes a criminal contempt occurs outside the presence of the house in Texarkana that is located astride were a United States district court.’’; and the State line between Texas and Arkansas’’. (2) in the first sentence of subsection (b)(1), magistrate judge, or ‘‘(iii) the act constitutes a civil contempt, SEC. 206. FEDERAL SUBSTANCE ABUSE TREAT- by inserting ‘‘the Territory of Guam, the MENT PROGRAM REAUTHORIZA- Commonwealth of the Northern Mariana Is- the magistrate judge shall forthwith certify TION. lands,’’ after ‘‘Commonwealth of Puerto the facts to a district judge and may serve or Section 4(a) of the Contract Services for Rico,’’. cause to be served upon any person whose be- Drug Dependent Federal Offenders Treat- SEC. 202. MAGISTRATE JUDGE CONTEMPT AU- havior is brought into question under this ment Act of 1978 (Public Law 95–537; 92 Stat. THORITY. paragraph an order requiring such person to 2038) is amended by striking all that follows Section 636(e) of title 28, United States appear before a district judge upon a day cer- ‘‘there are authorized to be appropriated’’ Code, is amended to read as follows: tain to show cause why he or she should not and inserting ‘‘for fiscal year 2000 and each ‘‘(e) CONTEMPT AUTHORITY.— be adjudged in contempt by reason of the fiscal year thereafter such sums as may be ‘‘(1) CONTEMPT AUTHORITY.—A United facts so certified. The district judge shall necessary to carry out this Act.’’. States magistrate judge serving under this thereupon hear the evidence as to the act of SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL chapter shall have within the territorial ju- conduct complained of and, if it is such as to COUNCILS. risdiction prescribed by his or her appoint- warrant punishment, punish such person in Section 332 of title 28, United States Code, ment the power to exercise contempt author- the same manner and to the same extent as is amended in subsection (a)— ity as set forth in this subsection. for a contempt committed before a district (1) by striking paragraph (3) and inserting ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR- judge. the following: ITY.—A magistrate judge shall have the ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON- ‘‘(3) Except for the chief judge of the cir- power to punish summarily by fine or im- TEMPT ORDERS.—The appeal of an order of cuit, either judges in regular active service prisonment such contempt of his or her au- contempt issued pursuant to this subsection or judges retired from regular active service thority constituting misbehavior of any per- shall be made to the court of appeals in cases under section 371(b) of this title may serve as son in the magistrate judge’s presence so as proceeding under subsection (c) of this sec- members of the council.’’; and to obstruct the administration of justice. tion. The appeal of any other order to con- (2) by striking ‘‘retirement,’’ in paragraph The order of contempt shall be issued pursu- tempt issued pursuant to this subsection (5) and inserting ‘‘retirement pursuant to ant to Federal Rules of Criminal Procedure. shall be made to the district court.’’. section 371(a) or section 372(a) of this title,’’. ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU- SEC. 203. CONSENT TO MAGISTRATE JUDGE AU- SEC. 208. SUNSET OF CIVIL JUSTICE EXPENSE THORITY IN CIVIL CONSENT AND MISDEMEANOR THORITY IN PETTY OFFENSE CASES AND DELAY REDUCTION PLANS. CASES.—In any case in which a United States AND MAGISTRATE JUDGE AUTHOR- Section 103(b)(2)(A) of the Civil Justice Re- magistrate judge presides with the consent ITY IN MISDEMEANOR CASES IN- form Act of 1990 (Public Law 101–650; 104 of the parties under subsection (c) of this VOLVING JUVENILE DEFENDANTS. Stat. 5096; 28 U.S.C. 471 note), as amended by section, and in any misdemeanor case pro- (a) AMENDMENTS TO TITLE 18.— Public Law 105–53 (111 Stat. 1173), is amended ceeding before a magistrate judge under sec- (1) PETTY OFFENSE CASES.—Section 3401(b) by inserting ‘‘471,’’ after ‘‘sections’’. tion 3401 of title 18, the magistrate judge of title 18, United States Code, is amended by SEC. 209. TECHNICAL BANKRUPTCY CORREC- shall have the power to punish by fine or im- striking ‘‘that is a class B misdemeanor TION. prisonment such criminal contempt consti- charging a motor vehicle offense, a class C Section 1228 of title 11, United States Code, tuting disobedience or resistance to the mag- misdemeanor, or an infraction’’ after ‘‘petty is amended by striking ‘‘1222(b)(10)’’ each istrate judge’s lawful writ, process, order, offense’’. place it appears and inserting ‘‘1222(b)(9).’’. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3485 SEC. 210. AUTHORITY OF PRESIDING JUDGE TO ‘‘(e)(1) any judge of the District Court of SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS ALLOW MEDIA COVERAGE OF COURT Guam, the District Court of the Northern RETIREMENT MATTERS. PROCEEDINGS. Mariana Islands, or the District Court of the (a) ELIMINATION OF MANDATORY RETIRE- (a) AUTHORITY OF APPELLATE COURTS.— Virgin Islands who is not reappointed (as MENT AGE FOR DIRECTOR OF FEDERAL JUDI- Notwithstanding any other provision of law, judge of such court) shall be entitled, upon CIAL CENTER.—Section 627 of title 28, United the presiding judge of an appellate court of attaining the age of 65 years or upon relin- States Code, is amended— the United States may, in his or her discre- quishing office if the judge is then beyond (1) by striking subsection (a); and tion, with the consent of all named parties, the age of 65 years— (2) by redesignating subsections (b) permit the photographing, electronic record- ‘‘(A) if the judicial service of such judge, through (f) as subsections (a) through (e), re- ing, broadcasting, or televising to the public continuous or otherwise, aggregates 15 years spectively. (b) CREDITABLE SERVICE FOR CERTAIN JUDI- of court proceedings over which that judge or more, to receive during the remainder of CIAL ADMINISTRATIVE OFFICIALS.— presides. such judge’s life an annuity equal to the sal- (b) AUTHORITY OF DISTRICT COURTS.— (1) Sections 611(d) and 627(d) (as redesig- ary received when the judge left office; or (1) IN GENERAL.—Notwithstanding any nated by subsection (a) of this section) of ‘‘(B) if such judicial service, continuous or other provision of law, any presiding judge of title 28, United States Code, are each amend- otherwise, aggregated less then 15 years, to a district court of the United States may, in ed by inserting ‘‘a congressional employee in receive during the remainder of such judge’s his or her discretion, with the consent of all the capacity of primary administrative as- life an annuity equal to that proportion of named parties, permit the photographing, sistant to a Member of Congress or in the ca- such salary which the aggregate number of electronic recording, broadcasting, or tele- pacity of staff director or chief counsel for such judge’s years of service bears to 15. vising to the public of court proceedings over the majority or the minority of a committee which that judge presides. ‘‘(2) Any judge of the District Court of or subcommittee of the Senate or House of (2) OBSCURING OF WITNESSES.—(A) Upon the Guam, the District Court of the Northern Representatives,’’ after ‘‘Congress,’’; and request of any witness in a trial proceeding Mariana Islands, or the District Court of the (2) Sections 611(b) and 627(b) (as redesig- other than a party, the court shall order the Virgin Islands who has served at least 5 nated by subsection (a) of this section) of face and voice of the witness to be disguised years, continuously or otherwise, and who such title are each amended— or otherwise obscured in such manner as to retires or is removed upon the sole ground of (A) by striking ‘‘who has served at least render the witness unrecognizable to the mental or physical disability, shall be enti- fifteen years and’’ and inserting ‘‘who has at broadcast audience of the trial proceeding. tled to receive during the remainder of such least fifteen years of service and has’’; and (B) The presiding judge in a trial pro- judge’s life an annuity equal to 40 percent of (B) in the first undesignated paragraph, by ceeding shall inform each witness who is not the salary received when the judge left office striking ‘‘who has served at least ten years,’’ a party that the witness has the right to re- or, in the case of a judge who has served at and inserting ‘‘who has at least ten years of quest that his or her image and voice be ob- least 10 years, continuously or otherwise, an service,’’. scured during the witness’ testimony. annuity equal to that proportion of such sal- (3) Sections 611(c) and 627(c) (as redesig- (c) ADVISORY GUIDELINES.—The Judicial ary which the aggregate number of such nated by subsection (a) of this section) of Conference of the United States is author- judge’s years of judicial service bears to 15.’’; such title are each amended— ized to promulgate advisory guidelines to and (A) by striking ‘‘served at least fifteen which a presiding judge shall refer in making (3) by amending subsection (g) to read as years,’’ and inserting ‘‘at least fifteen years decisions with respect to consistent criteria follows: of service,’’; and to be applied in the exercise of the discretion ‘‘(g) Any retired judge who is entitled to (B) by striking ‘‘served less than fifteen of the presiding judge, and to the manage- receive an annuity under this section shall years,’’ and inserting ‘‘less than fifteen years ment and administration of photographing, be entitled to a cost-of-living adjustment in of service,’’. recording, broadcasting, and televising de- the amount computed as specified in section SEC. 304. JUDGES’ FIREARMS TRAINING. scribed in subsections (a) and (b). 8340(b) of title 5, except that in no case may (a) IN GENERAL.—Chapter 21 of title 28, (d) DEFINITIONS.—As used in this section: the annuity payable to such retired judge, as United States Code, is amended by adding at (1) PRESIDING JUDGE.—The term ‘‘presiding increased under this subsection, exceed the the end the following new section: judge’’ means the judge presiding over the salary of a judge in regular active service ‘‘§ 464. Carrying of firearms by judicial offi- court proceeding concerned. In proceedings with the court on which the retired judge cers in which more than one judge participates, served before retiring.’’. ‘‘(a) AUTHORITY.—A judicial officer of the the presiding judge shall be the senior active United States is authorized to carry a fire- judge so participating or, in the case of a cir- SEC. 302. FEDERAL JUDICIAL CENTER PER- SONNEL MATTERS. arm, whether concealed or not, under regula- cuit court of appeals, the senior active cir- tions promulgated by the Judicial Con- cuit judge so participating, except that— Section 625 of title 28, United States Code, ference of the United States. The authority (A) in en banc sittings of any United is amended— granted by this section shall extend only— States circuit court of appeals, the presiding (1) in subsection (b)— ‘‘(1) to those States in which the carrying judge shall be the chief judge of the circuit (A) by striking ‘‘, United States Code, gov- of firearms by judicial officers of the State is whenever the chief judge participates; and erning appointments in’’ and inserting ‘‘gov- permitted by State law, or (B) in en banc sittings of the Supreme erning appointments in the’’; ‘‘(2) regardless of State law, to any State Court of the United States, the presiding (B) by striking ‘‘such title, relating’’ and in which the judicial officer of the United judge shall be the Chief Justice whenever the inserting ‘‘such title relating’’; States sits, resides, or is present on official Chief Justice participates. (C) by striking ‘‘pay rates, section 5316, travel status. (2) APPELLATE COURT OF THE UNITED title 5, United States Code’’ and inserting ‘‘(b) IMPLEMENTATION.— STATES.—The term ‘‘appellate court of the ‘‘under section 5316 of title 5, except that the ‘‘(1) REGULATIONS.—The regulations pro- United States’’ means any United States cir- Director may fix the compensation of 4 posi- mulgated by the Judicial Conference under cuit court of appeals and the Supreme Court tions of the Center at a level not to exceed subsection (a) shall— of the United States. the annual rate of pay in effect for level IV ‘‘(A) require a demonstration of a judicial (e) SUNSET.—The authority under sub- of the Executive Schedule under section 5315 officer’s proficiency in the use and safety of section (b) shall terminate on the date that of title 5’’; and firearms as a prerequisite to carrying of fire- is 3 years after the date of the enactment of (D) by striking ‘‘the Civil Servive’’ and all arms under the authority of this section; and this Act. that follows through ‘‘Code’’ and inserting ‘‘(B) ensure that the carrying of a firearm TITLE III—JUDICIAL PERSONNEL ADMIN- ‘‘subchapter III of chapter 83 of title 5 shall by a judicial officer under the protection of ISTRATION, BENEFITS, AND PROTEC- be adjusted pursuant to the provisions of sec- the United States Marshals Service while TIONS tion 8344 of such title, and the salary of a re- away from United States courthouses is con- SEC. 301. DISABILITY RETIREMENT AND COST-OF- employed annuitant under chapter 84 of title sistent with Marshals Service policy on car- LIVING ADJUSTMENTS OF ANNU- 5 shall be adjusted pursuant to the provi- rying of firearms by persons receiving such ITIES FOR TERRITORIAL JUDGES. sions of section 8468 of such title’’; protection. Section 373 of title 28, is amended— (2) in subsection (c)— ‘‘(2) ASSISTANCE BY OTHER AGENCIES.—At (1) by amending subsection (c)(4) to read as (A) by striking ‘‘, United States Code, gov- the request of the Judicial Conference, the follows: erning appointments in competitive service’’ Attorney General and appropriate law en- ‘‘(4) Any senior judge performing judicial and inserting ‘‘governing appointments in forcement components of the Department of duties pursuant to recall under paragraph (2) the competitive service,’’; and Justice shall assist the Judicial Conference of this subsection shall be paid, while per- (B) by striking ‘‘such title, relating’’ and in developing and providing training to as- forming such duties, the same compensation inserting ‘‘such title relating’’; and sist judicial officers in securing the pro- (in lieu of the annuity payable under this (3) in subsection (d)— ficiency referred to in paragraph (1). section) and the same allowances for travel (A) by striking ‘‘, United States Code,’’; ‘‘(c) DEFINITION.—For purposes of this sec- and other expenses as a judge on active duty and tion, the term ‘judicial officer of the United with the court being served.’’; (B) by striking ‘‘, section 5332, title 5, States’ means— (2) by amending subsection (e) to read as United States Code’’ and inserting ‘‘under ‘‘(1) a justice or judge of the United States follows: section 5332 of title 5’’. as defined in section 451 in regular active H3486 CONGRESSIONAL RECORD — HOUSE May 22, 2000 service or retired from regular active serv- SEC. 306. EXPANDED WORKERS’ COMPENSATION cial training. The circuit executive shall ex- ice; COVERAGE FOR JURORS. ercise such administrative powers and per- ‘‘(2) a justice or judge of the United States Paragraph (2) of section 1877(b) of title 28, form such duties as may be delegated by the who has been retired from the judicial office United States Code, is amended— court. The duties delegated to the circuit ex- under section 371(a) for— (1) by striking ‘‘or’’ at the end of clause ecutive may include but need not be limited ‘‘(A) no longer than a 1-year period fol- (C); and to the duties specified in subsection (e) of lowing such justice’s or judge’s retirement; (2) by inserting before the period at the end this section, insofar as they are applicable to or of clause (D) ‘‘, or (E) traveling to or from the Court of Appeals for the Federal Circuit. ‘‘(B) a longer period of time if approved by the courthouse pursuant to a jury summons ‘‘(2) The circuit executive shall be paid the the Judicial Conference of the United States or sequestration order, or as otherwise ne- salary for circuit executives established when exceptional circumstances warrant; cessitated by order of the court’’. under subsection (f) of this section. ‘‘(3) a United States bankruptcy judge; SEC. 307. PROPERTY DAMAGE, THEFT, AND LOSS ‘‘(3) The circuit executive may appoint, ‘‘(4) a full-time or part-time United States CLAIMS OF JURORS. with the approval of the court, necessary magistrate judge; Section 604 of title 28, United States Code, employees in such number as may be ap- ‘‘(5) a judge of the United States Court of is amended by adding at the end the fol- proved by the Director of the Administrative Federal Claims; lowing new subsection: Office of the United States Courts. ‘‘(6) a judge of the United States District ‘‘(i) The Director may pay a claim by a ‘‘(4) The circuit executive and staff shall be Court of Guam; person summoned to serve or serving as a deemed to be officers and employees of the ‘‘(7) a judge of the United States District grand juror or petit juror for loss of, or dam- United States within the meaning of the Court for the Northern Mariana Islands; age to, personal property that occurs inci- statutes specified in subsection (f)(4). ‘‘(8) a judge of the United States District dent to that person’s performance of duties ‘‘(5) The court may appoint either a circuit Court of the Virgin Islands; or in response to the summons or at the direc- executive under this subsection or a clerk ‘‘(9) an individual who is retired from one tion of an officer of the court. With respect under section 711 of this title, but not both, of the judicial positions described under to claims, the Director shall have the au- or may appoint a combined circuit executive/ paragraphs (3) through (8) to the extent pro- thority granted to the head of an agency by clerk who shall be paid the salary of a cir- vided for in regulations of the Judicial Con- section 3721 of title 31 for consideration of cuit executive.’’. ference of the United States. employees’ personal property claims. The Di- SEC. 312. AMENDMENT TO THE JURY SELECTION ‘‘(d) EXCEPTION.—Notwithstanding section rector shall prescribe guidelines for the con- PROCESS. 46303(c)(1) of title 49, nothing in this section sideration of claims under this subsection.’’. Section 1865 of title 28, United States Code, authorizes a judicial officer of the United SEC. 308. ELIMINATION OF THE PUBLIC DRAWING is amended— States to carry a dangerous weapon on an REQUIREMENTS FOR SELECTION OF (1) in subsection (a) by inserting ‘‘or the aircraft or other common carrier.’’. JUROR WHEELS. clerk under supervision of the court if the (b) TECHNICAL AND CONFORMING AMEND- (a) DRAWING OF NAMES FROM MASTER court’s jury selection plan so authorizes,’’ MENTS.— WHEEL.—Section 1864(a) of title 28, United after ‘‘jury commission,’’; and (1) The table of sections for chapter 21 of States Code, is amended— (2) in subsection (b) by inserting ‘‘or the title 28, United States Code, is amended— (1) by striking ‘‘publicly’’ in the first sen- clerk if the court’s jury selection plan so (A) in the item relating to section 452, by tence; and provides,’’ after ‘‘may provide,’’. striking ‘‘power’’ and inserting ‘‘powers’’; (2) by inserting after the first sentence the SEC. 313. SUPPLEMENTAL ATTENDANCE FEE FOR and following: ‘‘The clerk or jury commission PETIT JURORS SERVING ON (B) by adding at the end the following: shall post a general notice for public review LENGTHY TRIALS. ‘‘464. Carrying of firearms by judicial offi- in the clerk’s office explaining the process Section 1871(b)(2) of title 28, United States cers.’’. by which names are periodically and ran- Code, is amended by striking ‘‘thirty’’ each domly drawn.’’. (2) The section heading for section 453 of place it appears and inserting ‘‘five’’. (b) SELECTION AND SUMMONING OF JURY title 28, United States Code, is amended to SEC. 314. SERVICE ON TERRITORIAL COURTS. PANELS.—Section 1866(a) of title 28, United read as follows: Section 174 of title 28, United States Code, States Code, is amended— is amended by adding at the end the fol- ‘‘§ 453. Oath of justices and judges’’. (1) by striking ‘‘publicly’’ in the second lowing new subsection: (c) EFFECTIVE DATE.—The amendments sentence; and ‘‘(c) Upon request by or on behalf of a ter- made by subsection (a) and subsection (2) by inserting after the second sentence ritorial court, and with the concurrence of (b)(1)(B) of this section shall take effect upon the following: ‘‘The clerk or jury commission the chief judge of the Court of Federal the earlier of the promulgation of regula- shall post a general notice for public review Claims and the chief judge of the judicial cir- tions by the Judicial Conference under this in the clerk’s office explaining the process cuit involved based upon a finding of need, section or one year after the date of the en- by which names are periodically and ran- judges of the Court of Federal Claims shall actment of this Act. domly drawn.’’. have the authority to conduct proceedings in SEC. 305. REMOVAL OF AUTOMATIC EXCUSE SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT the district courts of territories to the same FROM JURY SERVICE FOR MEMBERS EXECUTIVES. OF THE ARMED SERVICES, MEM- extent as duly appointed judges of those Section 6304(f)(1) of title 5, United States courts.’’. BERS OF FIRE AND POLICE DEPART- Code, is amended— MENTS, AND PUBLIC OFFICERS. (1) in subparagraph (D), by striking ‘‘or’’ SEC. 315. RESIDENCE OF RETIRED JUDGES. (a) REMOVAL OF AUTOMATIC EXCUSE.—Sec- after the semicolon; Section 175 of title 28, United States Code, tion 1863(b) of title 28, United States Code, is (2) in subparagraph (E), by striking the pe- is amended by adding at the end the fol- amended by striking paragraph (6) and redes- riod and inserting ‘‘; or’’; and lowing new subsection: ignating subsequent paragraphs accordingly. (3) by adding at the end the following: ‘‘(c) Retired judges of the Court of Federal (b) CONFORMING AMENDMENTS.—Section ‘‘(F) the judicial branch designated as a Claims are not subject to restrictions as to 1869 of title 28, United States Code, is court unit executive position by the Judicial residence. The place where a retired judge amended— Conference of the United States.’’. maintains the actual abode in which such (1) by striking subsections (i) and (k); judge customarily lives shall be deemed to (2) by redesignating subsection (j) as sub- SEC. 310. PAYMENTS TO MILITARY SURVIVOR be the judge’s official duty station for the BENEFIT PLAN. section (i) and by striking the semicolon at purposes of section 456 of this title.’’. the end and inserting ‘‘; and’’; and Section 371(e) of title 28, United States Code, is amended by inserting after ‘‘such re- SEC. 316. COURT OF FEDERAL CLAIMS JUDICIAL (3) by redesignating subsection (l) as sub- CONFERENCE. section (k). tired or retainer pay’’ the following: ‘‘, ex- cept such pay as is deductible from the re- (a) IN GENERAL.—Chapter 15 of title 28, (c) SERVICE BY MEMBERS OF ARMED tired or retainer pay as a result of participa- United States Code, is amended by adding at FORCES.—(1) Section 982 of title 10, United the end the following new section: States Code, is amended— tion in any survivor’s benefits plan in con- ‘‘§ 336. Judicial Conference of the Court of (A) by amending the section heading to nection with the retired pay,’’. Federal Claims read as follows: SEC. 311. AUTHORIZATION OF A CIRCUIT EXECU- TIVE FOR THE FEDERAL CIRCUIT. ‘‘(a) ANNUAL CONFERENCE.—The chief judge ‘‘§ 982. Members: service on Federal, State, Section 332 of title 28, United States Code, of the Court of Federal Claims is authorized and local juries’’; and is amended by adding at the end the fol- to summon annually the judges of that court (B) in subsection (a) by striking ‘‘State or’’ lowing new subsection: to a judicial conference, at a time and place and inserting ‘‘Federal, State, or’’. ‘‘(h)(1) The United States Court of Appeals that the chief judge designates, for the pur- (2) The item relating to section 982 in the for the Federal Circuit may appoint a circuit pose of considering the business of the Court table of sections for chapter 49 of title 10, executive, who shall serve at the pleasure of of Federal Claims and improvements in the United States Code, is amended to read as the court. In appointing a circuit executive, administration of justice in that court. follows: the court shall take into account experience ‘‘(b) REPRESENTATION AND PARTICIPATION ‘‘982. Members: service on Federal, State, in administrative and executive positions, BY MEMBERS OF THE BAR.—The Court of Fed- and local juries.’’. familiarity with court procedures, and spe- eral Claims shall provide by its rules or by May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3487 general order for representation and active (4) by inserting after the second sentence on the Budget, it became clear that the participation by members of the bar at the the following new sentence: ‘‘For representa- provision regarding the civil asset for- judicial conference summoned under sub- tion of a petitioner in a non-capital habeas feiture would require unanticipated ex- section (a).’’. corpus proceeding, the compensation for penditures. Therefore, it was taken out (b) CONFORMING AMENDMENT.—The table of each attorney shall not exceed the amount sections of chapter 15 of title 28, United applicable to a felony in this paragraph for of H.R. 1752 and will be reconsidered in States Code, is amended by adding at the end representation of a defendant before a judi- the future. the following new item: cial officer of the district court. For rep- H.R. 1752, Mr. Speaker, is necessary ‘‘336. Judicial Conference of the Court of resentation of such petitioner in an appellate legislation for the proper functioning Federal Claims.’’. court, the compensation for each attorney of our United States courts. It is non- SEC. 317. RECALL OF JUDGES ON DISABILITY shall not exceed the amount applicable for partisan and noncontroversial, and I STATUS. representation of a defendant in an appellate Section 797(a) of title 28, United States court.’’; and urge the House to pass H.R. 1752. Code, is amended— (5) in the last sentence by striking ‘‘$750’’ Mr. Speaker, I reserve the balance of (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and and inserting ‘‘$1,200’’. my time. (2) by adding at the end the following: SEC. 402. MAXIMUM AMOUNTS OF COMPENSA- Mr. BOUCHER. Mr. Speaker, I yield ‘‘(2) Any judge of the Court of Federal TION FOR SERVICES OTHER THAN Claims receiving an annuity pursuant to sec- COUNSEL. myself such time as I may consume. tion 178(c) of this title (pertaining to dis- Section 3006A(e) of title 18, United States (Mr. BOUCHER asked and was given ability) who, in the estimation of the chief Code, is amended— permission to revise and extend his re- judge, has recovered sufficiently to render (1) in paragraph (2)— marks.) judicial service, shall be known and des- (A) in subparagraph (A) by striking ‘‘$300’’ Mr. BOUCHER. Mr. Speaker, I am ignated as a senior judge and may perform and inserting ‘‘$500’’; and duties as a judge when recalled pursuant to (B) in subparagraph (B) by striking ‘‘$300’’ pleased to rise today in support of this subsection (b) of this section.’’. and inserting ‘‘$500’’; and measure, which has been well described SEC. 318. SENIOR STATUS PROVISION. (2) in paragraph (3) in the first sentence by and characterized by the gentleman (a) IN GENERAL.—Section 178 of title 28, striking ‘‘$1,000’’ and inserting ‘‘$1,600’’. from North Carolina (Mr. COBLE), the United States Code, is amended by adding at SEC. 403. TORT CLAIMS ACT AMENDMENTS RE- chairman of the Subcommittee on the end the following new subsection: LATING TO LIABILITY OF FEDERAL Courts and Intellectual Property; and I ‘‘(m) For purposes of section 3121(i)(5) of PUBLIC DEFENDERS. commend him for his leadership in the Internal Revenue Act of 1986 (26 U.S.C. Section 2671 of title 28, United States Code, 3121(i)(5)) and section 209(h) of the Social Se- is amended in the second paragraph— bringing this measure to the floor curity Act (42 U.S.C. 409(h)), the annuity of a (1) by inserting ‘‘(1)’’ after ‘‘includes’’; and today. judge of the Court of Federal Claims who is (2) by striking the period at the end and in- The Federal Courts Improvement Act on senior status after attaining age 65 shall serting the following: ‘‘, and (2) any officer makes a variety of changes requested be deemed to be an amount paid under sec- or employee of a Federal Public Defender Or- by the Judicial Conference to improve tion 371(b) of this title for performing serv- ganization, except when such officer or em- administration and operation of the ices under the provisions of section 294 of ployee performs professional services in the this title.’’. course of providing representation under sec- United States courts. Among other (b) CLERICAL AMENDMENT.—Section tion 3006A of title 18.’’. measures, the bill harmonizes a variety 178(k)(2) of title 28, United States Code, is of court fees, grants magistrate judges The SPEAKER pro tempore. Pursu- amended by inserting ‘‘the’’ after ‘‘Director the power to exercise contempt author- ant to the rule, the gentleman from of’’. ity in several instances, gives presiding North Carolina (Mr. COBLE) and the SEC. 319. MISCELLANEOUS PROVISION. judges the authority to allow media gentleman from Virginia (Mr. BOU- Chapter 7 of title 28, United States Code, is coverage of court proceedings in appro- amended by adding after section 178 the fol- CHER) each will control 20 minutes. priate cases, and removes the auto- lowing new section: The Chair recognizes the gentleman matic excuse from jury service for cer- ‘‘§ 179. Insurance and annuities programs from North Carolina (Mr. COBLE). tain State and local employees and of- ‘‘(a) JUDGES DEEMED TO BE OFFICERS FOR GENERAL LEAVE ficials. PURPOSES OF TITLE 5.—For purposes of con- Mr. COBLE. Mr. Speaker, I ask unan- struing title 5, a judge of the United States imous consent that all Members may These changes will improve the oper- Court of Federal Claims shall be deemed to ation of the United States courts, and be an ‘officer’ under section 2104(a) of such have 5 legislative days within which to revise and extend their remarks on I am pleased to endorse them this title. afternoon and to encourage our col- ‘‘(b) HEALTH INSURANCE BENEFITS.—For H.R. 1752. purposes of construing chapter 89 of title 5, a The SPEAKER pro tempore. Is there leagues to pass this bill. judge of the United States Court of Federal objection to the request of the gen- Mr. Speaker, I yield back the balance Claims who— tleman from North Carolina? of my time. ‘‘(1) is retired under section 178(a) or (b) of There was no objection. Mr. COBLE. Mr. Speaker, I yield my- this title and performs recall service under Mr. COBLE. Mr. Speaker, I yield my- self such time as I may consume. section 178(d) of this title, and ‘‘(2) was enrolled in a health benefits plan self such time as I may consume. Mr. Speaker, I thank the gentleman under chapter 89 of title 5 at the time the Mr. Speaker, H.R. 1752 contains sev- from Virginia (Mr. BOUCHER) for his judge became a retired judge, eral provisions that are needed to im- generous words. I thank the gentleman shall be deemed to be an annuitant meeting prove the Federal court system. It is from California (Mr. BERMAN), ranking the requirements of section 8905(b)(1) of title designed to improve administration member, and all Members of the sub- 5, notwithstanding the length of enrollment and procedures, eliminate operational committee for their assistance in for- prior to the date of retirement.’’. inefficiencies, and reduce operating ex- mulating this bill and moving it for- TITLE IV—CRIMINAL JUSTICE ACT penses. ward to the House. AMENDMENTS The provisions contained in H.R. 1752 Mr. Speaker, I have no further re- SEC. 401. MAXIMUM AMOUNTS OF COMPENSA- address administrative, financial, per- quests for time, and I yield back the TION FOR ATTORNEYS. sonnel, organizational, and technical balance of my time. Paragraph (2) of subsection (d) of section changes that are needed by the Article 3006A of title 18, United States Code, is The SPEAKER pro tempore. The amended— III Federal courts and their supporting agencies. These provisions are designed question is on the motion offered by (1) in the first sentence— the gentleman from North Carolina (A) by striking ‘‘$3,500’’ and inserting to have a positive effect on the oper- ‘‘$5,400’’; ations of the Federal courts and en- (Mr. COBLE) that the House suspend the (B) by striking ‘‘$1,000’’ and inserting hance the delivery of justice in the rules and pass the bill, H.R. 1752, as ‘‘$1,600’’; Federal system. amended. (2) in the second sentence by striking The manager’s amendment makes no The question was taken; and (two- ‘‘$2,500’’ and inserting ‘‘$3,900’’; substantive changes. However, on the thirds having voted in favor thereof) (3) in the third sentence— the rules were suspended and the bill, (A) by striking ‘‘$750’’ and inserting advice of legislative counsel, certain ‘‘$1,200’’; and technical and conforming changes have as amended, was passed. (B) by striking ‘‘$2,500’’ and inserting been made to H.R. 1752. Furthermore, A motion to reconsider was laid on ‘‘$3,900’’; after consultation with the Committee the table. H3488 CONGRESSIONAL RECORD — HOUSE May 22, 2000 b 1430 not change the license requirements in EXTENDING DEADLINE FOR COM- EXTENDING DEADLINE FOR COM- any way and does not change environ- MENCEMENT OF CONSTRUCTION MENCEMENT OF CONSTRUCTION mental standards, but merely extends OF ARROWROCK DAM HYDRO- OF HYDROELECTRIC PROJECT IN the construction deadline. ELECTRIC PROJECT IN STATE OF STATE OF ALABAMA There is a need to act, Mr. Speaker, IDAHO since the construction deadline for the Mr. OXLEY. Mr. Speaker, I move to Mr. OXLEY. Mr. Speaker, I move to George Andrews project expires in Sep- suspend the rules and pass the Senate suspend the rules and pass the bill tember. If Congress does not act, FERC (H.R. 3852) to extend the deadline for bill (S. 1236) to extend the deadline will terminate the license, the project under the Federal Power Act for com- commencement of construction of a owner will lose its investment in the hydroelectric project in the State of mencement of the construction of the project, and the local community will Arrowrock Dam Hydroelectric Project Alabama. lose jobs and revenues. The Clerk read as follows: in the State of Idaho, as amended. Mr. Speaker, I urge support of H.R. H.R. 3852 The Clerk read as follows: 3852. Be it enacted by the Senate and House of Rep- S. 1236 resentatives of the United States of America in Mr. Speaker, I reserve the balance of Be it enacted by the Senate and House of Rep- Congress assembled, my time. resentatives of the United States of America in SECTION 1. EXTENSION OF DEADLINE AND REIN- Mr. BOUCHER. Mr. Speaker, I yield Congress assembled, STATEMENT OF LICENSE. myself such time as I may consume. SECTION 1. EXTENSION OF TIME FOR FEDERAL (a) IN GENERAL.—Notwithstanding the time (Mr. BOUCHER asked and was given ENERGY REGULATORY COMMISSION period specified in section 13 of the Federal PROJECT. permission to revise and extend his re- (a) IN GENERAL.—Notwithstanding the time Power Act (16 U.S.C. 806) that would other- marks.) wise apply to the Federal Energy Regulatory period specified in section 13 of the Federal Commission project numbered 7115, the Com- Mr. BOUCHER. Mr. Speaker, I rise Power Act (16 U.S.C. 806) that would otherwise mission shall, at the request of the licensee today in support of this measure. I apply to the Federal Energy Regulatory Com- for the project, in accordance with the good want to congratulate our colleague, mission project numbered 4656, the Commission faith, due diligence, and public interest re- the gentleman from South Carolina may, at the request of the licensee for the project and after reasonable notice, in accord- quirements of that section and the Commis- (Mr. DEMINT), for his efforts on this sion’s procedures under that section, extend measure. He has made an excellent ance with the good faith, due diligence, and public interest requirements of that section and for 3 consecutive 2-year periods, the time pe- case to the House for its approval, and riod during which the licensee is required to the Commission’s procedures under that section, commence construction of the project. I am pleased to urge its approval extend the time period during which the licensee (b) APPLICABILITY.—Subsection (a) shall today. is required to commence the construction of the take effect on the expiration of the period re- The legislation directs the Federal project for three consecutive two-year periods. quired for commencement of construction of Energy Regulatory Commission to ex- (b) EFFECTIVE DATE.—Subsection (a) shall the project described in subsection (a). tend the deadline for commencement of take effect on the date of the expiration of the (c) REINSTATEMENT OF EXPIRED LICENSE.— construction on the Andrews project, extension issued by the Commission prior to the date of enactment of this Act under section 13 of If the license for the project described in which is a 24 megawatt hydroelectric subsection (a) has expired prior to the date the Federal Power Act (16 U.S.C. 806). of enactment of this Act, the Commission facility to be located on the Chattahoo- (c) REINSTATEMENT OF EXPIRED LICENSE.—If shall reinstate the license effective as of the chee River in Houston County, Ala- the period required for commencement of con- date of its expiration and extend the time re- bama and Early County, Georgia. The struction of the project described in subsection quired for commencement of construction of construction deadline for the project (a) has expired prior to the date of enactment of the project for not more than 3 consecutive expires on September 21 of this year, this Act, the Commission shall reinstate the li- 2-year periods, the first of which shall com- and it is the purpose of this legislation cense effective as of the date of its expiration and the first extension authorized under sub- mence on the date of expiration of the li- to extend that deadline. The legislation cense. section (a) shall take effect on the date of such will extend the deadline for up to 3 ad- expiration. The SPEAKER pro tempore (Mr. MIL- ditional 2-year periods. LER of Florida). Pursuant to the rule, The SPEAKER pro tempore. Pursu- Congress has enacted similar legisla- ant to the rule, the gentleman from the gentleman from Ohio (Mr. OXLEY) tion in past years extending construc- Ohio (Mr. OXLEY) and the gentleman and the gentleman from Virginia (Mr. tion deadlines on projects of this na- from Virginia (Mr. BOUCHER) each will BOUCHER) each will control 20 minutes. ture, and this particular legislation The Chair recognizes the gentleman control 20 minutes. was reported unanimously by the Sub- from Ohio (Mr. OXLEY). The Chair recognizes the gentleman committee on Energy and Power and from Ohio (Mr. OXLEY). GENERAL LEAVE by the full Committee on Commerce. I GENERAL LEAVE Mr. OXLEY. Mr. Speaker, I ask unan- know of no objection to this legisla- Mr. OXLEY. Mr. Speaker, I ask unan- imous consent that all Members may tion, either from any of our colleagues imous consent that all Members may have 5 legislative days within which to or from any States that have an inter- have 5 legislative days within which to revise and extend their remarks on this est in the project; and I am, therefore, revise and extend their remarks on this legislation and to insert extraneous pleased to urge its passage by the legislation and to insert extraneous material on the bill. House. The SPEAKER pro tempore. Is there material on the bill. Mr. Speaker, I have no further re- objection to the request of the gen- The SPEAKER pro tempore. Is there quests for time, and I yield back the tleman from Ohio? objection to the request of the gen- There was no objection. balance of my time. tleman from Ohio? Mr. OXLEY. Mr. Speaker, I yield my- Mr. OXLEY. Mr. Speaker, I have no There was no objection. self such time as I may consume. further requests for time, and I yield Mr. OXLEY. Mr. Speaker, I yield my- H.R. 3852 extends the construction back the balance of my time. self such time as I may consume. period for a hydroelectric project in The SPEAKER pro tempore. The Mr. Speaker, S. 1236 extends the con- the State of Alabama. Under section 13 question is on the motion offered by struction period for the Arrowrock of the Federal Power Act, project con- the gentleman from Ohio (Mr. OXLEY) Dam Hydroelectric Project in the State struction must begin within 4 years of that the House suspend the rules and of Idaho. Under section 13 of the Fed- issuance of the license. If construction pass the bill, H.R. 3852. eral Power Act, project construction has not yet begun, FERC cannot extend The question was taken. must begin within 4 years of issuance the deadline and must terminate the li- Mr. OXLEY. Mr. Speaker, on that I of the license. If construction has not cense. H.R. 3852 grants the project de- demand the yeas and nays. begun by that time, FERC cannot ex- veloper up to 6 additional years to The yeas and nays were ordered. tend the deadline and must terminate commence construction if it pursues The SPEAKER pro tempore. Pursu- the license. S. 1236 authorizes the the commencement of construction in ant to clause 8 of rule XX and the FERC to grant the project owner up to good faith and with due diligence. Chair’s prior announcement, further 6 additional years to commence con- These types of bills have not been proceedings on this motion will be struction in accordance with the good controversial in the past. The bill does postponed. faith, due diligence, and public interest May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3489 requirements of section 13 of the Fed- The reported legislation of the Com- any rights with respect to that boxer, involving eral Power Act. mittee on Commerce, which was draft- a broadcast in or affecting interstate commerce, These types of bills have not been ed with the full participation of the mi- regardless of the broadcast medium. For the controversial in the past. The bill does nority, ensures that the FERC has the purpose of this subsection, any reference in sub- not change the license requirements in section (a)(1)(B) to ‘promoter’ shall be consid- authority to guard against site bank- ered a reference to ‘commercial broadcaster’. any way and does not change environ- ing in this instance. The report is well Page 17, after line 24, insert: mental standards but merely extends drafted, and I want to thank the chair- (1) in paragraph (9) by inserting after the construction deadline. The con- man of the subcommittee, my col- ‘‘match.’’ the following: ‘‘The term ‘promoter’ struction deadline for the project ex- league and friend, the gentleman from does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring pired in March 1999; and, unless Con- Texas (Mr. BARTON), for ensuring that gress acts, FERC will terminate the li- a professional boxing match unless— the committee report on the measure ‘‘(A) the hotel, casino, resort, or other com- cense, the project owner will lose its provides clear direction to FERC to be mercial establishment is primarily responsible investment, and the local community vigilant in this area. I had requested for organizing, promoting, and producing the will lose jobs and revenues. that treatment during subcommittee match; and I note this project already received a consideration; and, in fact, it was pro- ‘‘(B) there is no other person primarily re- legislative extension in 1992. For that vided. sponsible for organizing, promoting, and pro- reason, the committee expects that ducing the match.’’; The report clearly states that if the Page 18, line 1, strike out ‘‘(1)’’ and insert FERC will vigorously apply the good Federal Energy Regulatory Commis- faith, due diligence, and public interest ‘‘(2)’’ sion determines that the licensee is not Page 18, line 4, strike out ‘‘(2)’’ and insert: requirements of the Federal Power Act. pursuing construction in accordance ‘‘(3)’’. If FERC determines that the owner is with the good faith, due diligence, and The SPEAKER pro tempore. Pursu- no longer pursuing project construc- public interest requirements that are ant to the rule, the gentleman from tion in good faith and with due dili- contained in section 13 of the Federal Ohio (Mr. OXLEY) and the gentleman gence, the agency should refuse to Power Act, then the committee expects from Virginia (Mr. BOUCHER) each will issue further extensions in the con- the agency to refuse to grant a request control 20 minutes. struction deadline. for an additional license extension, and Mr. Speaker, I urge support of S. 1236. The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of in that instance to terminate the li- from Ohio (Mr. OXLEY). my time. cense. GENERAL LEAVE Mr. BOUCHER. Mr. Speaker, I yield The subcommittee also corrects an Mr. OXLEY. Mr. Speaker, I ask unan- myself such time as I may consume. oversight by the other body which imous consent that all Members may (Mr. BOUCHER asked and was given failed to provide for the reinstatement have 5 legislative days within which to permission to revise and extend his re- of the license in the event that it revise and extend their remarks on this marks.) lapses. And I would note that in this legislation and to insert extraneous Mr. BOUCHER. Mr. Speaker, I rise in case the license has in fact lapsed and material on the bill. support today of S. 1236 as reported by that correction is contained in the sub- The SPEAKER pro tempore. Is there the Committee on Commerce. In its stitute that we are considering today. objection to the request of the gen- original form, this legislation would Mr. Speaker, I support this measure tleman from Ohio? have authorized the Federal Energy as reported from the committee; and I There was no objection. Regulatory Commission to extend for 6 am pleased to urge our colleagues to Mr. OXLEY. Mr. Speaker, I yield my- more years the deadline for com- approve it this afternoon. self 5 minutes. mencing construction of the Arrowrock Mr. Speaker, I have no further re- Mr. Speaker, I am proud to sponsor Dam Project in the State of Idaho. quests for time, and I yield back the H.R. 1832, the Muhammad Ali Act, to In his testimony before the sub- balance of my time. enact anti-bribery safeguards for the committee on the legislation, the Mr. OXLEY. Mr. Speaker, I have no sport of boxing. chairman of the Federal Energy Regu- further requests for time, and I yield Four years ago, I sponsored another latory Commission stated his opposi- back the balance of my time. piece of legislation, the Professional tion to the bill in the form in which it The SPEAKER pro tempore. The Boxing Safety Act of 1996. This act es- was then pending before the committee question is on the motion offered by tablished the first-ever uniform licens- because it would have extended the the gentleman from Ohio (Mr. OXLEY) ing and health and safety system to construction deadline on the that the House suspend the rules and protect professional boxers, and prohib- Arrowrock Project for a total of up to pass the Senate bill, S. 1236, as amend- ited conflicts of interest by boxing’s 16 years. ed. State regulatory commissions. This Traditionally, Congress extends these The question was taken. legislation was a great success, but the licenses for a total of only 10 years; and Mr. OXLEY. Mr. Speaker, on that I State boxing commissions and attor- in those instances in which FERC does demand the yeas and nays. neys general have now asked us to go not object, licenses have been extended The yeas and nays were ordered. the next step to clean up the corrup- for up to that period. I am only aware The SPEAKER pro tempore. Pursu- tion among boxing’s promoters, man- of one instance in recent memory in ant to clause 8 of rule XX and the agers, and sanctioning bodies. which a license has been extended for Chair’s prior announcement, further Ironically, the Professional Boxing as much as 16 years. proceedings on this motion will be Safety Act took effect on the same When an entity holds a license but postponed. weekend as the now infamous fight be- fails to develop a project, it is poten- tween Mike Tyson and Evander f tially preventing others from devel- Holyfield, where Tyson bit off a piece oping and exploiting that site for hy- MUHAMMAD ALI BOXING REFORM of Holyfield’s ear. Before this act took dropower or for other uses. Sometimes ACT effect, there was no uniform safety a licensee who is not developing a site Mr. OXLEY. Mr. Speaker, I move to laws governing boxers, and States were may be purposefully using license ex- suspend the rules and concur in the unable to effectively regulate the tensions for the very purpose of pre- Senate amendments to the bill (H.R. sport. Because of the Professional Box- venting other potential applicants 1832) to reform unfair and anti-com- ing Safety Act, the suspension of Mike from developing the site, and that is a petitive practices in the professional Tyson by the Nevada Boxing Commis- process that is known as site banking. boxing industry. sion was recognized nationwide, pre- When those rare instances occur in The Clerk read as follows: venting Tyson from fighting again which we extend the license beyond the until his suspension was completed. traditional period of 10 years, it is cru- Senate amendments: The Muhammad Ali Boxing Reform Page 6, after line 17, insert: cial that we ensure that the Federal ‘‘(c) PROTECTION FROM COERCIVE CONTRACTS Act, which we consider today, amends Energy Regulatory Commission has WITH BROADCASTERS.—Subsection (a) of this the Professional Boxing Safety Act to the authority and the direction from section applies to any contract between a com- expand the consumer protections and Congress to prevent site banking. mercial broadcaster and a boxer, or granting anti-bribery provisions. It prevents H3490 CONGRESSIONAL RECORD — HOUSE May 22, 2000 promoters, sanctioning bodies, and net- In the words of one of boxing’s great- My colleagues may wonder why this works from forcing boxers into coer- est, Muhammad Ali, ‘‘The day this bill feminist Member is coming to the floor cive contracts as a condition of partici- is signed into law cannot come soon on this bill to strongly support it. I pating in a mandatory bout. No longer enough. I pray justice will be done and note that my name was not read off as will promoters be able to abuse boxers somehow, along the way, honor can be a cosponsor. I have to ask my staff, in and monopolize the sport by requiring restored to this sport.’’ light of a bill I introduced, H.R. 2354, boxers to sign away all their rights in Mr. Speaker, I reserve the balance of how they missed this one. order to get a big break or keep their my time. After the heavyweight match be- ranking. Mr. BOUCHER. Mr. Speaker, I yield tween Mike Tyson and Evander The bill also cleans up the arbitrary myself such time as I may consume. Holyfield in Las Vegas, I was so ranking systems of sanctioning bodies. (Mr. BOUCHER asked and was given stunned and shamed by the incident In the past, promoters and sanctioning permission to revise and extend his re- that I decided to learn a little bit bodies have been able to rig the sport marks.) about this sport, which, I confess, I do by placing favored boxers who have Mr. BOUCHER. Mr. Speaker, I want not favor but accept as a reality will be signed away promotional rights in the to begin this afternoon by commending with us for some time, and discovered top rankings. Boxers who do not grant our colleague, the gentleman from the loophole that is closed by this bill Ohio (Mr. OXLEY), for his truly excel- appropriate favors are arbitrarily today. dropped from the ranking or prevented lent work in bringing this measure for- I introduced the State Reciprocity from moving up. This bill requires the ward. I think he has performed an im- and Professional Boxing Act of 1997 sanctioning bodies to publish written portant public service. I am pleased to since I saw I had no assurance that lend my support to the passage of this criteria for ranking boxers and requires Mike Tyson could not, when suspended legislation. sanctioning bodies and promoters to in Nevada, go off and fight in some Mr. Speaker, the Muhammad Ali disclose all revenues and other com- other State. That seemed to me to be pensation received in connection with Boxing Reform Act is cosponsored by 11 Democratic Members, including unprofessional and not what either the the boxers to minimize the opportuni- Congress intended in the Professional ties for bribery and back-room dealing. three Democratic members of the Com- mittee on Commerce: the gentleman Boxing Safety Act of 1996 or, for that This new system will force sanc- matter, anybody who watched that dis- tioning bodies to rank boxers based on from New York (Mr. ENGEL), the gen- tleman from New Jersey (Mr. graceful performance would have want- merit not subservience. It will mean ed. PALLONE), and the gentleman from new opportunities for honest boxers Now this bill has come forward to do who are trying to fight their way up Texas (Mr. HALL). The bill was reported from the Com- precisely what my bill would have done the rankings and more integrity and and to go somewhat further in adopt- respect for the sport since boxing fans mittee on Commerce and was passed by the full House by voice vote. It also ing the Senate amendments to ensure will know that championship matches that no boxer is permitted to box while are being fought by true champions. was approved by the Senate with an amendment by unanimous consent. under suspension by any other State. b 1445 And today we consider that Senate Wherever one stands on whether or Judges and referees are also required amendment, which I am pleased to en- not grown men should get in a ring and to clean up their act under this legisla- dorse and with regard to which I am go at one another, we certainly know tion. They must be certified and ap- pleased to urge approval. that they ought to do so governed by proved by a State boxing commission, In 1996, the Committee on Commerce sportsman-like conduct. and they are required to disclose their reported legislation which became law I think it is most appropriate that sources of compensation in order to establishing minimum health and safe- this bill is named for Muhammad Ali. I prevent any impropriety. No longer ty standards for professional boxing. am sure that if he were inclined to will sanctioning bodies and promoters The bill that we are considering today speak, as he often spoke out as a young be able to influence judges or hire addresses abuses that occur on the man, he would find that this bill does uncertified referees. business side of boxing. The bill con- the sport proud and helps elevate the The State boxing commissions are di- tains protections for professional box- sport once again. rected to develop and approve guide- ers against coercive contracts they I believe that the House, in making lines for uniform rating criteria for may be pressured to sign by nonscru- sure that it is vigilant whenever it sees boxers. Boxing has long suffered from pulous promoters. The amendment to amendments that should be made to the lack of standardized rankings. This the bill added by the other body applies the Professional Boxing Safety Act of legislation maintains flexibility but di- this same protection against coercive 1996, does a great service to the sport, rects the establishment of uniform contracts that may be presented by to reclaiming its good name, and espe- guidelines to increase public con- broadcasters. cially to those honorable men and fidence in the sport. In addition, the bill requires sanc- women, the great majority of them H.R. 1832 finishes the job started sev- tioning organizations and promoters to who continue to exercise this sport. eral years ago by weeding out corrup- disclose to the State boxing commis- In light of my own concern and my tion from boxing. It passed the House sions any agreement that they may own bill right after the Tyson- last November by voice vote. The only have with the boxer and any fees they Holyfield fight, I wanted to be sure to change today is the addition by the charge the boxer in the case of a fight come forward to thank the chairman Senate of a provision stating that com- of 10 rounds or more. These, I think, and the ranking member for their dili- mercial broadcasters cannot coerce are helpful provisions. gence in seeing to it that this loophole boxers into coercive contracts, parallel Mr. Speaker, this bill has enjoyed is closed. to the same restrictions already in the broad support throughout the entire Mr. OXLEY. Mr. Speaker, I yield my- bill for promoters. process, and I am pleased today to urge self such time as I may consume. I do not believe that broadcasters our colleagues to adopt the Senate Mr. Speaker, let me thank the gen- have any interest in forcing boxers into amendment and give approval to this tlewoman from the District of Colum- exclusive long-term contracts as a con- measure. bia (Ms. NORTON) for her words and for dition of being able to fight in a broad- Mr. Speaker, I am pleased to yield 4 her support of this legislation, as well cast event, so I view the amendment as minutes to the gentlewoman from the as my good friend, the gentleman from a supplemental safeguard. District of Columbia (Ms. NORTON). Virginia (Mr. BOUCHER). This legislation is good for boxing Ms. NORTON. Mr. Speaker, I thank I would be remiss, also, without men- and good for the fans. It has been en- the gentleman for yielding me the tioning our good friend, Senator JOHN dorsed by almost every major boxing time. MCCAIN, who had been a real leader on magazine, numerous high-profile box- Mr. Speaker, I thank the gentleman this issue, the chairman of the Com- ers, promoters, managers, and almost from Ohio (Chairman OXLEY) and the mittee on Commerce in the Senate and half of the U.S. State attorneys gen- gentleman from Virginia (Mr. BOU- the driving force behind this bill and eral. CHER) for their hard work on this bill. the one we previously passed 2 years May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3491 ago. So we want to thank him for his Senate Commerce Committee staff Paul GENERAL LEAVE leadership. Feeney, George Otto with the Quarry Founda- Mrs. BIGGERT. Mr. Speaker, I ask Mr. TAUZIN. Mr. Speaker, I rise in support tion, and of course the Great One, Muham- unanimous consent that all Members of H.R. 1832, the Muhammad Ali Boxing Re- mad Ali, without whose persistence and sup- may have 5 legislative days within form Act. port we would not be able to achieve what we which to revise and extend their re- I grew up as a young boy living in south are about to accomplish here today. marks on H. Con. Res. 302. Louisiana. The first television set in our com- Mr. OXLEY. Mr. Speaker, I have no The SPEAKER pro tempore. Is there munity came to my grandfather's house, and further requests for time, and I yield objection to the request of the gentle- some of my earliest bonding memories with back the balance of my time. woman from Illinois? my dad and grandfather were when we got to- Mr. BOUCHER. Mr. Speaker, I have There was no objection. gether with our friends from the whole commu- no further requests for time, and I Mrs. BIGGERT. Mr. Speaker, I yield nity and gathered around that only television yield back the balance of my time. myself such time as I may consume. set in our area to watch the great boxing fights The SPEAKER pro tempore (Mr. MIL- Mr. Speaker, President Calvin Coo- of our day. LER of Florida). The question is on the lidge once said, ‘‘The nation which for- Perhaps the greatest fighter in all of boxing motion offered by the gentleman from gets its defenders will be itself forgot- history is Muhammad Ali. Muhammad Ali gave Ohio (Mr. OXLEY) that the House sus- ten.’’ his name to this legislation because he be- pend the rules and concur in the Sen- President Coolidge’s words highlight lieves it is absolutely critical to help protect ate amendments to the bill, H.R. 1832. the reason we must never forget those boxers and clean up the sport from the occa- The question was taken; and (two- who have sacrificed everything for the sional unscrupulous individuals who have re- thirds having voted in favor thereof) defense of this country. They are also cently given it a bad name. the rules were suspended and the Sen- one of the main reasons why I rise Last June, my Commerce Subcommittee on ate amendments were concurred in. today in strong support of House Con- A motion to reconsider was laid on Telecommunications, Trade, and Consumer current Resolution 302, sponsored by the table. Protection held a hearing on this legislation to our colleagues, the gentleman from f get input from various State boxing commis- California (Mr. ROHRABACHER) and the sioners, promoters, managers, boxing fans, NATIONAL MOMENT OF REMEM- gentleman from Pennsylvania (Mr. and boxers. Coincidentally, the hearing took BRANCE TO HONOR MEN AND MURTHA). place just after an extremely controversial de- WOMEN WHO DIED IN PURSUIT This bipartisan resolution calls upon cision in a fight between Evander Holyfield OF FREEDOM AND PEACE the American people this Memorial and Lennox Lewis, in which an International Mrs. BIGGERT. Mr. Speaker, I move Day to join together and observe a Na- Boxing Federation judge awarded the title to to suspend the rules and agree to the tional Moment of Remembrance to Mr. Holyfield, the IBF champion, instead of to concurrent resolution (H. Con. Res. 302) honor the men and women who died in Mr. Lewis, the World Boxing Council champion calling on the people of the United the pursuit of freedom and peace. The and clear apparent winner according to most States to observe a National Moment resolution also asks the President to boxing commentators. At our hearing, one wit- of Remembrance to honor the men and issue a proclamation calling on the ness said the decision by the IBF judge was women of the United States who died people of the United States to observe dishonest, two said it was incompetent, the in the pursuit of freedom and peace. at 3 p.m. local time a National Moment third called it ``highly influenced'', and Middle- The Clerk read as follows: of Remembrance for all those who weight Boxer Alfonzo Daniels simply replied, H. CON. RES. 302 fought for our country. ``Lewis was robbed''. To put it succinctly, Mr. Speaker, Whereas the preservation of basic freedoms We are all robbed when this kind of corrup- and world peace has always been a valued ob- the purpose of this resolution is to put tion and incompetence touches on this great jective of this nation; the ‘‘memorial’’ back in ‘‘Memorial sport. Since that time there have continued to Whereas thousands of American men and Day.’’ It is intended to serve as a re- be indictments and allegations of corruption in women have selflessly given their lives in minder that a day has been set aside the sport. The Miami Herald reported that over service as peacemakers and peacekeepers; for us to formally recognize and give 30 prize fights have been fixed or tainted with Whereas greater strides should be made to thanks for the efforts of those who fraud in the last dozen years. A Los Angeles demonstrate appreciation for these loyal have served in uniform. Times investigation found that boxing ranking Americans and the ultimate sacrifice they Unfortunately, the meaning of this each made; special day is slowly fading from our were sometimes sold by sanctioning bodies Whereas Memorial Day is an appropriate and that boxing promoters and managers day to remember American heroes by invit- national conscience. In May 1996, chil- make thinly disguised bribes to improve their ing the people of the United States to honor dren touring Lafayette Park here in boxers' standings and to get them more lucra- these heroes at a designated time; our Nation’s capital were asked about tive fights. Whereas Memorial Day needs to be made the meaning of Memorial Day. Their In fact, the week before the House passed relevant to both present and future genera- answer was ‘‘That’s the day the pools an earlier version of this legislation last No- tions of Americans; and open.’’ vember, a Federal grand jury issued a 32- Whereas a National Moment of Remem- That exchange, which occurred right count indictment against the President and brance each Memorial Day at 3:00 p.m., local across the street from the White time, would provide the people of the United three officials of the International Boxing Fed- States an opportunity to participate in a House, sparked the idea of a Moment of eration on charges of taking bribes from pro- symbolic act of American unity: Now, there- Remembrance to remind us all why we moters and managers to manipulate rankings, fore, be it celebrate Memorial Day. This move- as well as racketeering and money laundering. Resolved by the House of Representatives (the ment has been led by one of America’s According to the Federal prosecutor, ``In the Senate concurring), That the Congress— premier humanitarian organizations, IBF, ranking were bought, not earned . . . (1) calls on the people of the United States No Greater Love. completely corrupt[ing] the . . . ranking sys- to observe a National Moment of Remem- Thanks to the efforts of this dedi- brance to honor the men and women of the cated organization, 1997 was the first tem.'' United States who died in the pursuit of free- This legislation will remove the few rotten dom and peace; and day in our history that ‘‘Taps’’ was actors that have been giving a bad name to (2) requests that the President issue a played at 3 p.m. on Memorial Day in lo- the numerous honest and hardworking individ- proclamation calling on the people of the cations throughout the country. This uals that have made this sport so great. It is United States to observe such a National simple but meaningful remembrance good for boxing and good for boxing fans. We Moment of Remembrance. continued in 1998 and 1999. And how ap- will now all be able to trust in the integrity of The SPEAKER pro tempore. Pursu- propriate that dignified ceremony is. the sport, and enjoy without suspicion boxing's ant to the rule, the gentlewoman from No one can hear that solitary bugle’s championship fights, just like I did with my fa- Illinois (Mrs. BIGGERT) and the gentle- music without reflecting on the many ther and grandfather many years ago. woman from the District of Columbia fallen heroes at whose funerals it has In conclusion, I would like to thank some of (Ms. NORTON) each will control 20 min- been played over the years. These he- the people who have worked so hard on this utes. roes were men and women who, in this legislation to make it a reality, including ABC The Chair recognizes the gentle- century alone, saw us through two President Greg Sirb, promoter Tony Holden, woman from Illinois (Mrs. BIGGERT). world wars, conflicts in Korea and H3492 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Vietnam, and more, recently, the vic- Mr. Speaker, in the absence of the tleman from Pennsylvania (Mr. MUR- tory in the Persian Gulf. Their ranking member of the subcommittee, THA) for introducing this resolution. strength also led us through a Cold I am pleased to offer these remarks in And I thank the gentleman from Indi- War and laid the groundwork for de- support of H. Con. Res. 302, calling on ana (Mr. BURTON), chairman of the mocracy and freedom to flourish world- the people of the United States to ob- Committee on Government Reform; the wide. serve a national moment of remem- gentleman from Florida (Mr. SCAR- Mr. Speaker, in an article entitled brance to honor the men and women of BOROUGH), chairman of the Sub- ‘‘Freedom’s Worth,’’ Marine Lt. Col. the United States who died in pursuit committee on Civil Service; and the Jeff Douglass described an incident of freedom and peace. gentleman from California (Mr. WAX- that he experienced while waiting for a Mr. Speaker, 3 years ago, No Greater MAN); and the gentleman from Mary- flight in Sarajevo while serving on as- Love, a nonprofit organization pro- land (Mr. CUMMINGS), the ranking signment with NATO forces in Bosnia viding annual programs for those who members, respectively, of the Govern- and Herzegovina. lost loved ones in service to our coun- ment Reform Committee and the Sub- I want to quote from this article to try, initiated the national moment of committee on Civil Service, for expe- give us all a better understanding of remembrance. No Greater Love is com- diting passage of this resolution. I what is behind this resolution. mitted to freedom, human dignity, and thank the gentlewoman from the Dis- While waiting for the flight from Sarajevo the idea that the beginning of the end trict of Columbia (Ms. Norton) for to Vienna, I found myself in a conversation of war lies in remembrance. It is be- bringing this to the floor as well and with a gentleman named Peter. Peter was cause of this commitment that No for her strong support of it. departing Sarajevo after gathering research To close, Mr. Speaker, let me quote Greater Love sought to remind Ameri- for a book he was writing. As we stood wait- from a poem that captures perhaps cans of the true meaning of Memorial ing for the flight, Peter pointed to my pass- more than any other, those emotions port and said, ‘‘Do you know what that is Day, which began in 1865 in Waterloo, and realities that are symbolized by worth?’’ I looked at him, then at my pass- New York. Memorial Day. This poem entitled ‘‘In port. ‘‘I’m afraid I don’t understand,’’ I re- Henry C. Wells, a druggist in the vil- Flanders Fields’’ serves as a lasting plied. lage of Waterloo, mentioned at a social He glanced at me with a puzzled look, then legacy to the terrible battles of World gathering that honor should be shown laughed. ‘‘Of course,’’ he said. ‘‘Forgive me, War I and to all the servicemen and I forgot. You Americans do not realize the to the patriotic dead of the Civil War women who have dedicated themselves blessings you have. So many in this world by decorating their graves. In the to defending the freedoms we enjoy envy you, and you do not know what you spring of 1866, the townspeople adopted today. have.’’ the idea and placed wreaths, crosses, Peter pointed to the people who filled the ‘‘In Flanders fields the poppies blow and bouquets on each Union veteran’s Between the crosses, row on row, terminal and waited for the same flight. grave. The village is decorated with There in the fog of tobacco smoke and the That mark our place; and in the sky physical evidence of damage caused by the flags at half mast and draped with The larks, still bravely singing, fly recent war, many travelers looked sad, say- greenery and black streamers. Scarce heard amid the guns below. ing good-bye to loved ones and friends. In May 1968, General John A. Logan, We are the Dead. Short days ago As we watched, Peter continued his com- First Commander of the Grand Army of We lived, felt dawn, saw sunset glow, ments. ‘‘You see, freedom is what these peo- the Republic, issued General Order Loved and were loved, and now we lie, ple cherish. It is such a dream for many. Number 11, establishing Decoration In Flanders fields. Here, as in the case for many countries, fam- Day, now commonly referred to as Me- Take up our quarrel with the foe: ilies are willing to send their young away to To you from failing hands we throw freedom, in spite of the pain. You Americans morial Day. Waterloo joined other The torch; be yours to hold it high. are a lighthouse beacon for freedom and I communities in celebrating the first If ye break faith with us who die wonder if you realize this.’’ official recognition of Memorial Day on May 30. We shall not sleep, though poppies grow b 1500 In Flanders fields. On the second of this month, Presi- Mr. Speaker, this resolution invites Mr. ROHRABACHER. Mr. Speaker, I wish dent Clinton adopted No Greater to express my sincere appreciation to Com- all Americans to keep in mind how Love’s cause and issued a memorandum blessed we are to live in this land of mittee Chairman DAN BURTON, Subcommittee to all heads of executive departments Chairman JOE SCARBOROUGH, Ms. JUDY the free. But more important, by en- and agencies directing them to pro- couraging all of us to take one minute BIGGERT, Ms. ELEANOR HOLMES-NORTON, and mote and provide resources to support other Members and staff of the House Gov- this Memorial Day to remember the a national moment of remembrance on thousands of young men and women ernment Reform Committee supporting this bi- Memorial Day. This great institution partisan resolution that honors the brave who have given their lives to defend can act by supporting H. Con. Res. 302. this Nation, it will give us a better un- American men and women who have died de- This resolution introduced by the fending freedom and peace. H. Con. Res. 302 derstanding of the high price of the lib- gentleman from California (Mr. ROHR- erties we enjoy. calls on the people of the United States to ob- ABACHER) calls on the people of the serve a National Moment of Remembrance on And our children will learn that United States to observe a national there is much more, much more to Me- Memorial Day. moment of remembrance to honor the morial Day than a day at the beach or The voluntary moment of silence at 3 p.m. men and women of the United States the pool. They will also better under- local time in the various time zones that span who died in pursuit of freedom and stand the meaning of these words our great nation, will offer all Americans the peace. The moment of remembrance President Lincoln penned to Mrs. opportunity to participate in a symbolic act of would take place at 3 p.m. each Memo- Bixby upon learning of the death of her national unity. In addition, this effort will rein- rial Day to provide Americans with an five sons who died on Civil War battle- force the true meaning of Memorial Day and opportunity to participate in a sym- fields. call attention to the high price that has been bolic act of American unity. paid by Americans of all walks of life to win I feel how weak and fruitless must be my Let us reclaim the vision of Henry word of mine which should attempt to be- and defend our freedom, from George Wash- guile from the grief of a loss so over- Wells and the townspeople of Waterloo ington's revolutionary forces to those heroes whelming. But I cannot refrain from ten- by passing this resolution and recom- who have perished in more recent military ac- dering to you the consolation that may be mitting ourselves to truly honor the tions from the Persian Gulf to Somalia to the found in the thanks of the Republic they men and women who died for the free- Balkans. died to serve. dom and peace we enjoy. In my personal experience, I grew up in a Mr. Speaker, I am proud to offer this Today, I congratulate the sponsor military family during the Cold War. My father, legislation for consideration, and I en- and cosponsors of this resolution. Colonel Donald Rohrabacher, a Marine Corps courage all my colleagues to support Mr. Speaker, I yield back the balance aviator, was a veteran of World War II and the it. of my time. Korean War. He was also among thousands Mr. Speaker, I reserve the balance of Mrs. BIGGERT. Mr. Speaker, I yield of Americans who participated in dangerous my time. myself the balance of my time. experimental military missions to develop the Ms. NORTON. Mr. Speaker, I yield I commend the gentleman from Cali- weapons systems that led to our technological myself such time as I may consume. fornia (Mr. ROHRABACHER) and the gen- advantage and ultimate Cold War victory. In May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3493 particular, he commanded aviators partici- RECESS Davis (IL) Kanjorski Portman Davis (VA) Kasich Price (NC) pating in developing the methods of delivering The SPEAKER pro tempore. Pursu- DeFazio Kelly Quinn nuclear weapons from tactical aircraft. ant to clause 12 of rule I, the Chair de- Delahunt Kennedy Radanovich I recall my mother and father making Com- clares the House in recess until ap- DeLauro Kildee Rahall mander's condolence calls on the wives and DeMint Kilpatrick Regula proximately 6 p.m. Deutsch King (NY) Reyes children of members of his unit who perished Accordingly (at 3 o’clock and 6 min- Diaz-Balart Kleczka Rivers in developing the dangerous aviation maneu- utes p.m.), the House stood in recess Dickey Knollenberg Roemer Dicks Kolbe Rogan vers. It was tragic that, because of the then- until approximately 6 p.m. secret nature of this critical national security Dingell Kucinich Rohrabacher f Dixon Kuykendall Ros-Lehtinen mission, the families never knew the true na- Doggett LaFalce Rothman ture and importance of their sacrifices. They b 1800 Dooley LaHood Roukema were told only that their loved ones perished Doolittle Lantos Roybal-Allard AFTER RECESS Doyle Largent Royce in ``training'' exercises. I will never forget the Dreier Larson Ryan (WI) faces of those widows and their children who The recess having expired, the House Duncan Latham Sabo were my playmates. was called to order by the Speaker pro Dunn LaTourette Salmon This resolution asks all Americans to recall Edwards Leach Sanchez tempore (Mr. FOSSELLA) at 6 p.m. Ehlers Lee Sandlin and honor the sacrifices of these men and all f Ehrlich Levin Sanford of the others who made the ultimate sacrifice Emerson Lewis (CA) Sawyer for our freedom. I extend gratitude to Carmella ANNOUNCEMENT BY THE SPEAKER Engel Lewis (GA) Saxton English Lewis (KY) Schaffer LaSpada, the director of the non-profit No PRO TEMPORE Eshoo Linder Scott Greater Love organization, who originated the The SPEAKER pro tempore. Pursu- Etheridge Lipinski Sensenbrenner Evans LoBiondo Serrano idea for the National Moment of Silence. From ant to clause 8 of rule XX, the Chair the middle of the Vietnam War, No Greater Everett Lofgren Sessions will now put the question on each mo- Ewing Lowey Shaw Love has worked with the families of de- tion to suspend the rules on which fur- Farr Lucas (KY) Sherman ceased service members and those missing in ther proceedings were postponed ear- Fattah Luther Sherwood action, organized celebrities to conduct hos- Filner Maloney (CT) Shimkus lier today in the order in which that Fletcher Maloney (NY) Shuster pital visits for wounded veterans and has con- motion was entertained. Foley Manzullo Simpson ducted Memorial Day remembrance cere- Votes will be taken in the following Fossella Mascara Sisisky Fowler Matsui Skeen monies at Arlington National Cemetery. order: I urge my colleagues on both sides of the Frelinghuysen McCarthy (MO) Skelton H.R. 3852, the yeas and nays; Frost McCollum Slaughter aisle to support this resolution for a National S. 1236, the yeas and nays; and Gallegly McCrery Smith (MI) Moment of Remembrance. Ganske McDermott Smith (NJ) H. Con. Res. 302, the yeas and nays. Gejdenson McGovern Smith (TX) Mr. GILMAN. Mr. Speaker, I rise today in The Chair will reduce to 5 minutes strong support of H. Con. Res. 302, legislation Gekas McHugh Smith (WA) the time for any electronic vote after Gephardt McInnis Snyder calling for a National moment of remembrance the first such vote in this series. Gibbons McIntyre Spence to honor the men and women who died in the Gilchrest McKeon Spratt pursuit of freedom and peace. I urge my col- f Gilman Meek (FL) Stabenow Gonzalez Meeks (NY) Stark leagues to join in supporting this timely and EXTENDING DEADLINE FOR COM- Goode Menendez Stearns appropriate measure. MENCEMENT OF CONSTRUCTION Goodlatte Metcalf Stenholm Gordon Mica Strickland This bill provides for a minute of remem- OF HYDROELECTRIC PROJECT IN brance to occur on each Memorial Day at 3 Goss Millender- Stump STATE OF ALABAMA Graham McDonald Sununu p.m., local time, for the population to pause Granger Miller (FL) Talent and remember all those who selflessly gave The SPEAKER pro tempore. The Green (TX) Miller, Gary Tancredo their lives in defending the cause of freedom. pending business is the question of sus- Green (WI) Miller, George Tanner pending the rules and passing the bill, Greenwood Mink Tauscher It further calls on the President to issue a Hall (OH) Mollohan Tauzin proclamation calling for the same. H.R. 3852. Hall (TX) Moore Taylor (NC) Mr. Speaker, Memorial Day is a solemn oc- The Clerk read the title of the bill. Hastings (FL) Moran (KS) Terry casion, that all too often in recent years, has The SPEAKER pro tempore. The Hastings (WA) Moran (VA) Thomas question is on the motion offered by Hayes Morella Thompson (CA) become simply the unofficial start of summer Hayworth Murtha Thornberry or another excuse for a retail sale. Perhaps the gentleman from Ohio (Mr. OXLEY) Hefley Myrick Thune this is the result of the past near 30 years of that the House suspend the rules and Herger Nadler Thurman pass the bill, H.R. 3852, on which the Hill (IN) Napolitano Tiahrt relative peace. Hill (MT) Neal Traficant Whatever the reason, it is important that we yeas and nays are ordered. Hilliard Nethercutt Udall (CO) not forget the original reason for the founding The vote was taken by electronic de- Hinchey Ney Udall (NM) of Memorial Day. This legislation will help to vice, and there were—yeas 354, nays 0, Hinojosa Northup Upton not voting 80, as follows: Hoeffel Norwood Velazquez prevent this. We need to honor the memories Hoekstra Nussle Vento of those who died to secure the blessings of [Roll No. 211] Holden Oberstar Visclosky liberty that we enjoy today. For this reason, I YEAS—354 Holt Obey Vitter Horn Olver Walsh urge my colleagues to give their support to Abercrombie Bilbray Capps Hostettler Ortiz Wamp this worthy measure. Aderholt Bishop Cardin Hoyer Ose Waters Mrs. BIGGERT. Mr. Speaker, I yield Allen Blagojevich Carson Hulshof Owens Watt (NC) back the balance of my time. Andrews Bliley Castle Hunter Oxley Watts (OK) Archer Blumenauer Chabot Hutchinson Packard Waxman The SPEAKER pro tempore (Mr. MIL- Armey Blunt Chambliss Hyde Pallone Weldon (FL) LER of Florida). The question is on the Baca Boehlert Clay Inslee Pascrell Weldon (PA) motion offered by the gentlewoman Bachus Boehner Clayton Isakson Pastor Weller Baird Bonilla Clement from Illinois (Mrs. BIGGERT) that the Istook Payne Wexler Baldacci Bonior Clyburn Jackson (IL) Pease Weygand House suspend the rules and agree to Baldwin Bono Coble Jackson-Lee Pelosi Whitfield the concurrent resolution, House Con- Barcia Borski Combest (TX) Peterson (MN) Wilson current Resolution 302. Barr Boswell Condit Jefferson Petri Wolf Barrett (NE) Boucher Conyers Jenkins Phelps Woolsey The question was taken. Barrett (WI) Boyd Cook John Pickering Wu Mrs. BIGGERT. Mr. Speaker, on that Bartlett Brady (PA) Costello Johnson (CT) Pickett Wynn I demand the yeas and nays. Bass Brady (TX) Cox Johnson, E. B. Pitts Young (AK) The yeas and nays were ordered. Bateman Burr Cramer Johnson, Sam Pombo Young (FL) Becerra Burton Crane Jones (NC) Porter The SPEAKER pro tempore. Pursu- Bentsen Buyer Crowley ant to clause 8 of rule XX and the Bereuter Calvert Cubin NOT VOTING—80 Chair’s prior announcement, further Berkley Camp Cummings Ackerman Barton Brown (OH) Berman Campbell Cunningham proceedings on this motion will be Baker Bilirakis Bryant Berry Canady Danner Ballenger Brown (FL) Callahan postponed. Biggert Cannon Davis (FL) H3494 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Capuano Kind (WI) Rogers quired for commencement of construction of Gonzalez Luther Sabo Chenoweth-Hage Kingston Rush the project described in subsection (a). Goode Maloney (CT) Salmon Coburn Klink Ryun (KS) Goodlatte Maloney (NY) Sanchez (c) REINSTATEMENT OF EXPIRED LICENSE.— Collins Lampson Sanders Gordon Manzullo Sandlin Cooksey Lazio Scarborough If the license for the project described in Goss Mascara Sanford Coyne Lucas (OK) Schakowsky subsection (a) has expired prior to the date Graham Matsui Sawyer Deal Markey Shadegg of enactment of this Act, the Commission Granger McCarthy (MO) Saxton DeGette Martinez Shays shall reinstate the license effective as of the Green (TX) McCollum Schaffer DeLay McCarthy (NY) Shows date of its expiration and extend the time re- Green (WI) McCrery Scott Forbes McIntosh Souder quired for commencement of construction of Greenwood McDermott Sensenbrenner Ford McKinney Stupak the projects for not more than 3 consecutive Hall (OH) McGovern Serrano Frank (MA) McNulty Sweeney Hall (TX) McHugh Sessions Franks (NJ) Meehan Taylor (MS) 2-year periods, the first of which shall com- Hastings (FL) McInnis Shaw Gillmor Minge Thompson (MS) mence on the date of expiration of the li- Hastings (WA) McIntyre Sherman Goodling Moakley Tierney cense. Hayes McKeon Shimkus Gutierrez Paul Toomey The Senate bill was ordered to be Hayworth Meek (FL) Shuster Gutknecht Peterson (PA) Towns Hefley Meeks (NY) Simpson Hansen Pomeroy Turner read a third time, was read the third Herger Menendez Sisisky Hilleary Pryce (OH) Walden time, and passed, and a motion to re- Hill (IN) Metcalf Skeen Hobson Ramstad Watkins consider was laid on the table. Hill (MT) Mica Skelton Hooley Rangel Weiner Hilliard Millender- Slaughter Houghton Reynolds Wicker A similar House bill (H.R. 3852) was Hinchey McDonald Smith (MI) Jones (OH) Riley Wise laid on the table. Hinojosa Miller (FL) Smith (NJ) Kaptur Rodriguez f Hoeffel Miller, Gary Smith (TX) Hoekstra Miller, George Smith (WA) b 1823 Holden Mink Snyder EXTENDING DEADLINE FOR COM- Mr. TAUZIN changed his vote from Holt Mollohan Spence MENCEMENT OF CONSTRUCTION Horn Moore Spratt ‘‘nay’’ to ‘‘yea.’’ OF ARROWROCK DAM HYDRO- Hostettler Moran (KS) Stabenow So (two-thirds having voted in favor ELECTRIC PROJECT IN STATE OF Hoyer Moran (VA) Stark thereof) the rules were suspended and Hulshof Morella Stearns IDAHO the bill was passed. Hunter Murtha Stenholm Hutchinson Myrick Strickland The result of the vote was announced The SPEAKER pro tempore. The Hyde Nadler Stump as above recorded. pending business is the question of sus- Inslee Napolitano Sununu A motion to reconsider was laid on pending the rules and passing the Sen- Isakson Neal Sweeney the table. ate bill, S. 1236, as amended. Istook Nethercutt Talent Jackson (IL) Ney Tancredo Stated for: The Clerk read the title of the Senate Jackson-Lee Northup Tanner Mr. SHADEGG. Mr. Speaker, I was un- bill. (TX) Norwood Tauscher avoidably detained in Arizona and was unable The SPEAKER pro tempore. The Jefferson Nussle Tauzin to vote on rollcall No. 211. Had I been Jenkins Oberstar Taylor (NC) question is on the motion offered by John Obey Terry present, I would have voted ``yes.'' the gentleman from Ohio (Mr. OXLEY) Johnson (CT) Olver Thomas Mr. WALDEN of Oregon. Mr. Speaker, on that the House suspend the rules and Johnson, E. B. Ortiz Thompson (CA) rollcall No. 211, due to airline problems, I pass the Senate bill, S. 1236, as amend- Johnson, Sam Ose Thornberry Jones (NC) Owens Thune missed the vote. Had I been present, I would ed, on which the yeas and nays are or- Kanjorski Oxley Thurman have voted ``yes.'' dered. Kasich Packard Tiahrt Mr. KIND. Mr. Speaker, on rollcall No. 211, The SPEAKER pro tempore. This Kelly Pallone Traficant unfortunately, due to an unavoidable weather Kennedy Pascrell Udall (CO) will be a 5-minute vote. Kildee Pastor Udall (NM) delay I missed today's rollcall vote. Had I been The vote was taken by electronic de- Kilpatrick Payne Upton present, I would have vote ``yea.'' vice, and there were—yeas 356, nays 0, Kind (WI) Pease Velazquez Mr. OXLEY. Mr. Speaker, I ask unan- not voting 78, as follows: King (NY) Pelosi Vento Kleczka Peterson (MN) Visclosky imous consent that the Committee on [Roll No. 212] Commerce be discharged from further Knollenberg Petri Vitter YEAS—356 Kolbe Phelps Walden consideration of the Senate bill (S. Kucinich Pickering Walsh 1836) to extend the deadline for com- Abercrombie Brady (TX) Deutsch Kuykendall Pickett Wamp Aderholt Burr Diaz-Balart mencement of construction of a hydro- LaFalce Pitts Waters Allen Burton Dickey LaHood Pombo Watt (NC) electric project in the State of Ala- Andrews Buyer Dicks Lantos Porter Watts (OK) bama, and ask for its immediate con- Archer Calvert Dingell Largent Portman Waxman sideration. Armey Camp Dixon Larson Price (NC) Weldon (FL) Baca Campbell Doggett Latham Quinn Weldon (PA) The Clerk read the title of the Senate Bachus Canady Dooley LaTourette Rahall Weller bill. Baird Cannon Doolittle Leach Regula Wexler The SPEAKER pro tempore (Mr. Baldacci Capps Doyle Lee Reyes Weygand Baldwin Cardin Dreier FOSSELLA). Is there objection to the re- Levin Rivers Whitfield Barcia Carson Duncan Lewis (CA) Roemer Wilson quest of the gentleman from Ohio? Barr Castle Dunn Lewis (GA) Rogan Wolf There was no objection. Barrett (NE) Chabot Edwards Lewis (KY) Rohrabacher Woolsey The Clerk read the Senate bill, as fol- Barrett (WI) Chambliss Ehlers Linder Ros-Lehtinen Wu lows: Bartlett Clay Ehrlich Lipinski Rothman Wynn Bass Clayton Emerson LoBiondo Roukema Young (AK) S. 1836 Bateman Clement Engel Lofgren Roybal-Allard Young (FL) Be it enacted by the Senate and House of Rep- Becerra Clyburn English Lowey Royce resentatives of the United States of America in Bentsen Coble Eshoo Lucas (KY) Ryan (WI) Bereuter Combest Etheridge Congress assembled, Berkley Condit Evans NOT VOTING—78 SECTION 1. EXTENSION OF DEADLINE AND REIN- Berman Conyers Everett Ackerman Ford Lucas (OK) STATEMENT OF LICENSE. Berry Cook Ewing Baker Frank (MA) Markey Biggert (a) IN GENERAL.—Notwithstanding the time Costello Farr Ballenger Franks (NJ) Martinez Bilbray period specified in section 13 of the Federal Cox Fattah Barton Gillmor McCarthy (NY) Bishop Power Act (16 U.S.C. 806) that would other- Cramer Filner Bilirakis Goodling McIntosh Blagojevich wise apply to the Federal Energy Regulatory Crane Fletcher Brown (FL) Gutierrez McKinney Bliley Crowley Foley Brown (OH) Gutknecht McNulty Commission project numbered 7115, the Com- Blumenauer Cubin Fossella Bryant Hansen Meehan mission shall, at the request of the licensee Blunt Cummings Fowler Callahan Hilleary Minge for the project, in accordance with the good Boehlert Cunningham Frelinghuysen Capuano Hobson Moakley Boehner faith, due diligence, and public interest re- Danner Frost Chenoweth-Hage Hooley Paul Bonilla quirements of that section and the Commis- Davis (FL) Gallegly Coburn Houghton Peterson (PA) Bonior sion’s procedures under that section, extend Davis (IL) Ganske Collins Jones (OH) Pomeroy Bono for 3 consecutive 2-year periods, the time pe- Davis (VA) Gejdenson Cooksey Kaptur Pryce (OH) Borski DeFazio Gekas Coyne Kingston Radanovich riod during which the licensee is required to Boswell DeGette Gephardt Deal Klink Ramstad commence construction of the project. Boucher Delahunt Gibbons DeLay Lampson Rangel (b) APPLICABILITY.—Subsection (a) shall Boyd DeLauro Gilchrest Forbes Lazio Reynolds take effect on the expiration of the period re- Brady (PA) DeMint Gilman May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3495 Riley Shadegg Tierney Fowler Lewis (KY) Roybal-Allard Meehan Riley Souder Rodriguez Shays Toomey Frelinghuysen Linder Royce Minge Rodriguez Stupak Rogers Sherwood Towns Frost Lipinski Ryan (WI) Moakley Rogers Taylor (MS) Rush Shows Turner Gallegly LoBiondo Sabo Obey Rush Thompson (MS) Ryun (KS) Souder Watkins Ganske Lofgren Salmon Paul Ryun (KS) Tierney Sanders Stupak Weiner Gejdenson Lowey Sanchez Peterson (PA) Sanders Toomey Scarborough Taylor (MS) Wicker Gekas Lucas (KY) Sandlin Pomeroy Scarborough Turner Schakowsky Thompson (MS) Wise Gephardt Lucas (OK) Sanford Pryce (OH) Schakowsky Watkins Gibbons Luther Sawyer Ramstad Shadegg Weiner b 1833 Gilchrest Maloney (CT) Saxton Rangel Shays Wicker Gilman Maloney (NY) Schaffer Reynolds Shows Wise So (two-thirds having voted in favor Gonzalez Manzullo Scott thereof) the rules were suspended and Goode Mascara Sensenbrenner b 1841 the Senate bill, as amended, was Goodlatte Matsui Serrano passed. Gordon McCarthy (MO) Sessions So (two-thirds having voted in favor Goss McCollum Shaw thereof), the rules were suspended and The result of the vote was announced Graham McCrery Sherman as above recorded. Granger McDermott Sherwood the concurrent resolution was agreed A motion to reconsider was laid on Green (TX) McGovern Shimkus to. Green (WI) McHugh Shuster The result of the vote was announced the table. Greenwood McInnis Simpson Stated for: Hall (OH) McIntyre Sisisky as above recorded. Mr. SHADEGG. Mr. Speaker, I was un- Hall (TX) McKeon Skeen A motion to reconsider was laid on Skelton avoidably detained in Arizona and was unable Hastings (FL) Meek (FL) the table. Hastings (WA) Meeks (NY) Slaughter Stated for: to vote on rollcall No. 212. Had I been Hayes Menendez Smith (MI) present, I would have voted ``yea.'' Hayworth Metcalf Smith (NJ) Mr. SHADEGG. Mr. Speaker, I was un- Hefley Mica Smith (TX) avoidably detained in Arizona and was unable f Herger Millender- Smith (WA) to vote on rollcall No. 213. Had I been Hill (IN) McDonald Snyder NATIONAL MOMENT OF REMEM- Hill (MT) Miller (FL) Spence present, I would have voted ``aye.'' Hilliard Miller, Gary Spratt BRANCE TO HONOR MEN AND f WOMEN WHO DIED IN PURSUIT Hinchey Miller, George Stabenow Hinojosa Mink Stark OF FREEDOM AND PEACE Hoeffel Mollohan Stearns PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. Hoekstra Moore Stenholm Holden Moran (KS) Strickland Mr. MINGE. Mr. Speaker, on rollcall Nos. FOSSELLA). The pending business is the Holt Moran (VA) Stump 211, 212, and 213 my flight was delayed for question of suspending the rules and Hooley Morella Sununu 2 hours and 15 minutes. As a consequence, agreeing to the concurrent resolution, Horn Murtha Sweeney Hostettler Myrick Talent I was unable to be present for said votes. Had H. Con. Res. 302. Hoyer Nadler Tancredo I been present, I would have voted ``aye'' on The Clerk read the title of the con- Hulshof Napolitano Tanner all three. current resolution. Hunter Neal Tauscher The SPEAKER pro tempore. The Hutchinson Nethercutt Tauzin f Hyde Ney Taylor (NC) question is on the motion offered by Inslee Northup Terry the gentlewoman from Illinois (Mrs. Isakson Norwood Thomas PERSONAL EXPLANATION BIGGERT) that the House suspend the Istook Nussle Thompson (CA) Jackson (IL) Oberstar Thornberry Mr. BILIRAKIS. Mr. Speaker, my return flight rules and agree to the concurrent reso- Jackson-Lee Olver Thune to Washington was delayed due to bad weath- lution, H. Con. Res. 302, on which the (TX) Ortiz Thurman er and mechanical problems. Consequently, I Tiahrt yeas and nays are ordered. Jefferson Ose was not able to vote on H.R. 3852, S. 1236 This will be a 5-minute vote. Jenkins Owens Towns John Oxley Traficant or H. Con. Res. 302. However, had I been The vote was taken by electronic de- Johnson (CT) Packard Udall (CO) present, I would have voted in favor of all vice, and there were—yeas 362, nays 0, Johnson, E. B. Pallone Udall (NM) three bills. not voting 72, as follows: Johnson, Sam Pascrell Upton Jones (NC) Pastor Velazquez f [Roll No. 213] Kanjorski Payne Vento YEAS—362 Kasich Pease Visclosky Kelly Pelosi Vitter PERSONAL EXPLANATION Abercrombie Boswell Davis (IL) Kennedy Peterson (MN) Walden Aderholt Boucher Davis (VA) Kildee Petri Walsh Mr. RAMSTAD. Mr. Speaker, severe weath- Allen Boyd Deal Kilpatrick Phelps Wamp er today seriously delayed several flights into Andrews Brady (PA) DeFazio Kind (WI) Pickering Waters Reagan National Airport, including my own. Archer Brady (TX) DeGette King (NY) Pickett Watt (NC) Armey Burr Delahunt Kleczka Pitts Watts (OK) Due to this inclement weather, I missed rollcall Baca Burton DeLauro Knollenberg Pombo Waxman votes 211, 212, and 213. Had I been present, Bachus Buyer DeMint Kolbe Porter Weldon (FL) I would have voted ``yes'' on all three. Baird Calvert Deutsch Kucinich Portman Weldon (PA) Baldacci Camp Diaz-Balart Kuykendall Price (NC) Weller f Baldwin Campbell Dickey LaFalce Quinn Wexler Ballenger Canady Dicks LaHood Radanovich Weygand Barcia Cannon Dingell Lantos Rahall Whitfield PERSONAL EXPLANATION Barr Capps Dixon Largent Regula Wilson Barrett (NE) Cardin Doggett Larson Reyes Wolf Mr. RILEY. Mr. Speaker, I was unavoidably Barrett (WI) Carson Dooley Latham Rivers Woolsey detained for rollcall votes 211, 212, and 213. Bartlett Castle Doolittle LaTourette Roemer Wu Bass Chabot Doyle Had I been present I would have voted ``aye'' Leach Rogan Wynn on H.R. 3852. I would also have voted ``aye'' Bateman Chambliss Dreier Lee Rohrabacher Young (AK) Becerra Clay Duncan Levin Ros-Lehtinen Young (FL) on S. 1236. Lastly, I would have voted ``aye'' Bentsen Clayton Dunn Lewis (CA) Rothman on H. Con. Res. 302. Bereuter Clement Edwards Lewis (GA) Roukema Berkley Clyburn Ehlers f Berman Coble Ehrlich NOT VOTING—72 Berry Combest Emerson Biggert Condit Engel Ackerman Coyne Houghton PERSONAL EXPLANATION Bilbray Conyers English Baker DeLay Jones (OH) Bishop Cook Eshoo Barton Forbes Kaptur Mr. CAPUANO. Mr. Speaker, due to inclem- Blagojevich Costello Etheridge Bilirakis Ford Kingston ent weather, which forced the cancellation of Bliley Cox Evans Brown (FL) Frank (MA) Klink flights from my district, I was unavoidably de- Blumenauer Cramer Everett Brown (OH) Franks (NJ) Lampson Blunt Crane Ewing Bryant Gillmor Lazio tained in Massachusetts this afternoon. I was Boehlert Crowley Farr Callahan Goodling Markey therefore unable to cast a vote on rollcall Boehner Cubin Fattah Capuano Gutierrez Martinez Votes 211, 212, and 213. Had I been present, Bonilla Cummings Filner Chenoweth-Hage Gutknecht McCarthy (NY) I would have voted ``yea'' on rollcall 211, Bonior Cunningham Fletcher Coburn Hansen McIntosh Bono Danner Foley Collins Hilleary McKinney ``yea'' on rollcall 212, and ``yea'' on rollcall Borski Davis (FL) Fossella Cooksey Hobson McNulty 213. H3496 CONGRESSIONAL RECORD — HOUSE May 22, 2000 COMMUNICATION FROM THE Social Security Administration ex- Austria, Belgium, Canada, Finland, CLERK OF THE HOUSE plaining the key points of the Agree- France, Germany, Greece, Ireland, The SPEAKER pro tempore laid be- ment, along with a paragraph-by-para- Italy, Luxembourg, the Netherlands, fore the House the following commu- graph of the provisions of the principal Norway, Portugal, Spain, Sweden, nication from the Clerk of the House of agreement and the related administra- Switzerland, and the United Kingdom. Representatives: tive arrangement. Annexed to this re- Such bilateral agreements provide for port is the report required by section limited coordination between the OFFICE OF THE CLERK, U.S. HOUSE OF REPRESENTATIVES, 233(e)(1) of the Social Security Act, a United States and foreign social secu- Washington, DC, May 22, 2000. report on the effect of the Agreement rity systems to eliminate dual social Hon. J. DENNIS HASTERT, on income and expenditures of the U.S. security coverage and taxation, and to The Speaker, U.S. House of Representatives, Social Security program and the num- help prevent the loss of benefit protec- Washington, DC. ber of individuals affected by the tion that can occur when workers di- DEAR MR. SPEAKER: Pursuant to the per- Agreement. The Department of State vide their careers between two coun- mission granted in Clause 2(h) of Rule II of and the Social Security Administra- tries. The United States-Chilean Agree- the Rules of the U.S. House of Representa- tives, I have the honor to transmit a sealed tion have recommended the Agreement ment contains all provisions mandated envelope received from the White House on and related documents to me. by section 233 and other provisions that May 22, 2000 at 3:35 p.m. and said to contain WILLIAM J. CLINTON. I deem appropriate to carry out the a message from the President whereby he THE WHITE HOUSE, May 22, 2000. purposes of section 233, pursuant to transmits an agreement with the Republic of f section 233(c)(4) of the Act. Korea concerning Social Security. I also transmit for the information of With best wishes, I am COMMUNICATION FROM THE the Congress a report prepared by the Sincerely, CLERK OF THE HOUSE Social Security Administration ex- JEFF TRANDAHL, Clerk of the House. The SPEAKER pro tempore laid be- plaining the key points of the Agree- f fore the House the following commu- ment, along with a paragraph-by-para- nication from the Clerk of the House of graph explanation of the provisions of AGREEMENT BETWEEN THE Representatives: the principal agreement and the re- UNITED STATES OF AMERICA HOUSE OF REPRESENTATIVES, lated administrative arrangement. An- AND THE REPUBLIC OF KOREA Washington, DC, May 22, 2000. nexed to this report is the report re- ON SOCIAL SECURITY—MESSAGE Hon. J. DENNIS HASTERT, quired by section 233(e)(1) of the Social FROM THE PRESIDENT OF THE The Speaker, House of Representatives, Security Act, a report on the effect of UNITED STATES (H. DOC. NO. 106– Washington, DC. the Agreement on income and expendi- 243) DEAR MR. SPEAKER: Pursuant to the per- tures of the U.S. Social Security pro- mission granted in Clause 2(h) of Rule II of gram and the number of individuals af- The SPEAKER pro tempore laid be- the Rules of the U.S. House of Representa- fore the House the following message tives, I have the honor to transmit a sealed fected by the Agreement. The Depart- from the President of the United envelope received from the White House on ment of State and the Social Security States; which was read and, together May 22, 2000 at 3:35 p.m. and said to contain Administration have recommended the with the accompanying papers, without a message from the President whereby he Agreement and related documents to objection, referred to the Committee transmits an agreement with the Republic of me. on Ways and Means and ordered to be Chile concerning Social Security. WILLIAM J. CLINTON. With best wishes, I am: printed: THE WHITE HOUSE, May 22, 2000. Sincerely, f To the Congress of the United States: JEFF TRANDAHL, Pursuant to section 233(e)(1) of the Clerk of the House. INTELLIGENCE AUTHORIZATION Social Security Act, as amended by the f ACT FOR FISCAL YEAR 2001 Social Security Amendments of 1977 The SPEAKER pro tempore. Pursu- b 1845 (Public Law 95–216, 42 U.S.C. 433(e)(1)) ant to House Resolution 506 and rule (the ‘‘Act’’), I transmit herewith the AGREEMENT ON SOCIAL SECURITY XVIII, the Chair declares the House in Agreement Between the United States BETWEEN THE UNITED STATES the Committee of the Whole House on of America and the Republic of Korea OF AMERICA AND THE REPUBLIC the State of the Union for the further on Social Security, which consists of OF CHILE—MESSAGE FROM THE consideration of the bill, H.R. 4392. two separate instruments: a principal PRESIDENT OF THE UNITED b 1846 agreement and an administrative ar- STATES (H. DOC. NO. 106–244) rangement. The Agreement was signed IN THE COMMITTEE OF THE WHOLE The SPEAKER pro tempore (Mr. at Washington on March 13, 2000. Accordingly, the House resolved FOSSELLA) laid before the House the The United States-Korean Agreement itself into the Committee of the Whole following message from the President is similar in objective to the social se- House on the State of the Union for the of the United States; which was read curity agreements already in force further consideration of the bill (H.R. and, together with the accompanying with Austria, Belgium, Canada, Fin- 4392) to authorize appropriations for papers, without objection, referred to land, France, Germany, Greece, Ire- fiscal year 2001 for intelligence and in- the Committee on Ways and Means and land, Italy, Luxembourg, the Nether- telligence-related activities of the ordered to be printed: lands, Norway, Portugal, Spain, Swe- United States Government, the Com- den, Switzerland, and the United King- To the Congress of the United States: munity Management Account, and the dom. Such bilateral agreements pro- Pursuant to section 233(e)(1) of the Central Intelligence Agency Retire- vide for limited coordination between Social Security Act, as amended by the ment and Disability System, and for the United States and foreign social se- Social Security Amendments of 1977 other purposes, with Mr. THORNBERRY curity systems to eliminate dual social (Public Law 95–216, 42 U.S.C. 433(e)(1)) in the chair. security coverage and taxation and to (the ‘‘Act’’), I transmit herewith the The Clerk read the title of the bill. help prevent the loss of benefit protec- Agreement Between the United States The CHAIRMAN. When the Com- tion that can occur when workers di- of America and the Republic of Chile mittee of the Whole rose on Friday, vide their careers between two coun- on Social Security, which consists of May 19, 2000, all time for general de- tries. The United States-Korean Agree- two separate instruments: a principal bate had expired. ment contains all provisions mandated agreement and an administrative ar- Pursuant to the rule, the committee by section 233 and other provisions that rangement. The Agreement was signed amendment in the nature of a sub- I deem appropriate to carry out the at Santiago on February 16, 2000. stitute printed in the bill shall be con- purposes of section 233, pursuant to The United States-Chilean Agree- sidered as an original bill for the pur- section 233(c)(4) of the Act. ment is similar in objective to the so- pose of amendment under the 5-minute I also transmit for the information of cial security agreements already in rule by title, and each title shall be the Congress a report prepared by the force between the United States and considered read. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3497 No amendment to that amendment TITLE I—INTELLIGENCE ACTIVITIES priated for the Intelligence Community Manage- shall be in order except those printed SEC. 101. AUTHORIZATION OF APPROPRIATIONS. ment Account by subsection (a), there are also in the portion of the CONGRESSIONAL Funds are hereby authorized to be appro- authorized to be appropriated for the Intel- ligence Community Management Account for RECORD designated for that purpose priated for fiscal year 2001 for the conduct of the intelligence and intelligence-related activi- fiscal year 2001 such additional amounts as are and pro forma amendments for the pur- specified in the classified Schedule of Author- pose of debate. Amendments printed in ties of the following elements of the United States Government: izations referred to in section 102(a). Such addi- the RECORD may be offered only by the (1) The Central Intelligence Agency. tional amounts shall remain available until Sep- Member who caused it to be printed or (2) The Department of Defense. tember 30, 2002. his designee and shall be considered (3) The Defense Intelligence Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- read. (4) The National Security Agency. tion to the personnel authorized by subsection (b) for elements of the Intelligence Community The Chairman of the Committee of (5) The Department of the Army, the Depart- ment of the Navy, and the Department of the Management Account as of September 30, 2001, the Whole may postpone until a time Air Force. there are hereby authorized such additional per- during further consideration in the (6) The Department of State. sonnel for such elements as of that date as are Committee of the Whole a request for a (7) The Department of the Treasury. specified in the classified Schedule of Author- recorded vote on any amendment and (8) The Department of Energy. izations. may reduce to not less than 5 minutes (9) The Federal Bureau of Investigation. (d) REIMBURSEMENT.—Except as provided in (10) The National Reconnaissance Office. the time for voting by electronic de- section 113 of the National Security Act of 1947 (11) The National Imagery and Mapping (50 U.S.C. 404h), during fiscal year 2001, any of- vice on any postponed question that Agency. ficer or employee of the United States or a mem- immediately follows another vote by SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ber of the Armed Forces who is detailed to the electronic device without intervening TIONS. staff of the Intelligence Community Manage- business, provided that the time for (a) SPECIFICATIONS OF AMOUNTS AND PER- ment Account from another element of the voting by electronic device on the first SONNEL CEILINGS.—The amounts authorized to United States Government shall be detailed on a in any series of questions shall not be be appropriated under section 101, and the au- reimbursable basis, except that any such officer, thorized personnel ceilings as of September 30, employee, or member may be detailed on a non- less than 15 minutes. 2001, for the conduct of the intelligence and in- The Clerk will designate section 1. reimbursable basis for a period of less than one telligence-related activities of the elements listed year for the performance of temporary functions The text of section 1 is as follows: in such section, are those specified in the classi- as required by the Director of Central Intel- Be it enacted by the Senate and House of Rep- fied Schedule of Authorizations prepared to ac- ligence. resentatives of the United States of America in company the bill H.R. 4392 of the One Hundred (e) NATIONAL DRUG INTELLIGENCE CENTER.— Congress assembled, Sixth Congress. (1) IN GENERAL.—Of the amount authorized to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF be appropriated in subsection (a), $28,000,000 UTHORIZATIONS (a) SHORT TITLE.—This Act may be cited as A .—The Schedule of Authoriza- shall be available for the National Drug Intel- the ‘‘Intelligence Authorization Act for Fiscal tions shall be made available to the Committees ligence Center. Within such amount, funds pro- Year 2001’’. on Appropriations of the Senate and House of vided for research, development, test, and eval- (b) TABLE OF CONTENTS.—The table of con- Representatives and to the President. The Presi- uation purposes shall remain available until tents of this Act is as follows: dent shall provide for suitable distribution of September 30, 2002, and funds provided for pro- the Schedule, or of appropriate portions of the curement purposes shall remain available until Sec. 1. Short title; table of contents. Schedule, within the executive branch. September 30, 2003. TITLE I—INTELLIGENCE ACTIVITIES SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (2) TRANSFER OF FUNDS.—The Director of Cen- Sec. 101. Authorization of appropriations. (a) AUTHORITY FOR ADJUSTMENTS.—With the tral Intelligence shall transfer to the Attorney Sec. 102. Classified schedule of authorizations. approval of the Director of the Office of Man- General funds available for the National Drug Sec. 103. Personnel ceiling adjustments. agement and Budget, the Director of Central In- Intelligence Center under paragraph (1). The Sec. 104. Intelligence community management telligence may authorize employment of civilian Attorney General shall utilize funds so trans- account. personnel in excess of the number authorized for ferred for the activities of the National Drug In- Sec. 105. Transfer authority of the Director of fiscal year 2001 under section 102 when the Di- telligence Center. Central Intelligence. rector of Central Intelligence determines that (3) LIMITATION.—Amounts available for the National Drug Intelligence Center may not be TITLE II—CENTRAL INTELLIGENCE AGEN- such action is necessary to the performance of used in contravention of the provisions of sec- CY RETIREMENT AND DISABILITY SYS- important intelligence functions, except that the tion 103(d)(1) of the National Security Act of TEM number of personnel employed in excess of the number authorized under such section may not, 1947 (50 U.S.C. 403–3(d)(1)). Sec. 201. Authorization of appropriations. for any element of the intelligence community, (4) AUTHORITY.—Notwithstanding any other TITLE III—GENERAL PROVISIONS exceed two percent of the number of civilian provision of law, the Attorney General shall re- Sec. 301. Increase in employee compensation personnel authorized under such section for tain full authority over the operations of the and benefits authorized by law. such element. National Drug Intelligence Center. Sec. 302. Restriction on conduct of intelligence (b) NOTICE TO INTELLIGENCE COMMITTEES.— SEC. 105. TRANSFER AUTHORITY OF THE DIREC- activities. The Director of Central Intelligence shall TOR OF CENTRAL INTELLIGENCE. (a) LIMITATION ON DELEGATION OF AUTHORITY Sec. 303. Sense of the Congress on intelligence promptly notify the Permanent Select Committee OF DEPARTMENTS TO OBJECT TO TRANSFERS.— community contracting. on Intelligence of the House of Representatives Section 104(d)(2) of the National Security Act of Sec. 304. Authorization for travel on any com- and the Select Committee on Intelligence of the 1947 (50 U.S.C. 403–4(d)(2)) is amended— mon carrier for certain intel- Senate whenever the Director exercises the au- (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; ligence collection personnel. thority granted by this section. (2) by redesignating subparagraphs (A), (B), Sec. 305. Reports on acquisition of technology SEC. 104. INTELLIGENCE COMMUNITY MANAGE- (C), (D), and (E) as clauses (i), (ii), (iii), (iv), relating to weapons of mass de- MENT ACCOUNT. and (v), respectively; struction and advanced conven- (a) AUTHORIZATION OF APPROPRIATIONS.— (3) in clause (v), as so redesignated, by strik- tional munitions. There is authorized to be appropriated for the ing ‘‘the Secretary or head’’ and inserting ‘‘sub- TITLE IV—CENTRAL INTELLIGENCE Intelligence Community Management Account ject to subparagraph (B), the Secretary or AGENCY of the Director of Central Intelligence for fiscal head’’; and year 2001 the sum of $144,231,000. Within such (4) by adding at the end the following new Sec. 401. Modifications to Central Intelligence amount, funds identified in the classified Sched- Agency’s central services pro- subparagraph: ule of Authorizations referred to in section ‘‘(B)(i) Except as provided in clause (ii), the gram. 102(a) for the Advanced Research and Develop- authority to object to a transfer under subpara- Sec. 402. Technical corrections. ment Committee shall remain available until graph (A)(v) may not be delegated by the Sec- TITLE V—DEPARTMENT OF DEFENSE September 30, 2002. retary or head of the department involved. INTELLIGENCE ACTIVITIES (b) AUTHORIZED PERSONNEL LEVELS.—The ele- ‘‘(ii) With respect to the Department of De- Sec. 501. Three-year extension of authority to ments within the Intelligence Community Man- fense, the authority to object to such a transfer engage in commercial activities as agement Account of the Director of Central In- may be delegated by the Secretary of Defense, security for intelligence collection telligence are authorized 356 full-time personnel but only to the Deputy Secretary of Defense. activities. as of September 30, 2001. Personnel serving in ‘‘(iii) An objection to a transfer under sub- Sec. 502. Contracting authority for the National such elements may be permanent employees of paragraph (A)(v) shall have no effect unless Reconnaissance Office. the Intelligence Community Management Ac- submitted to the Director of Central Intelligence The CHAIRMAN. Are there any count or personnel detailed from other elements in writing.’’. of the United States Government. (b) LIMITATION ON DELEGATION OF DUTIES OF amendments to section 1? (c) CLASSIFIED AUTHORIZATIONS.— DIRECTOR OF CENTRAL INTELLIGENCE.—Section If not, the Clerk will designate title (1) AUTHORIZATION OF APPROPRIATIONS.—In 104(d)(1) of such Act (50 U.S.C. 403–4(d)(1)) is I. The text of title I is as follows: addition to amounts authorized to be appro- amended— H3498 CONGRESSIONAL RECORD — HOUSE May 22, 2000 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and ‘‘Sec. 116. Travel on any common carrier for cer- SEC. 306. ANNUAL STATEMENT OF THE TOTAL (2) by adding at the end the following new tain intelligence collection per- AMOUNT OF INTELLIGENCE EX- subparagraph: sonnel.’’. PENDITURES FOR THE PRECEDING FISCAL YEAR. ‘‘(B) The Director may only delegate any duty SEC. 305. REPORTS ON ACQUISITION OF TECH- or authority given the Director under this sub- Section 14 of the National Security Act of NOLOGY RELATING TO WEAPONS OF 1947 (50 U.S.C. 404i) is amended— section to the Deputy Director of Central Intel- MASS DESTRUCTION AND ADVANCED (1) by redesignating subsection (c) as sub- ligence for Community Management.’’. CONVENTIONAL MUNITIONS. section (d); and Mr. GOSS. Mr. Chairman, I ask unan- Section 721(a) of the Intelligence Authoriza- (2) by inserting after subsection (b) the fol- imous consent that the remainder of tion Act for Fiscal Year 1997 (50 U.S.C. 2366) lowing new subsection: (Public Law 104–293, 110 Stat. 3474) is the bill be printed in the RECORD and ‘‘(c) ANNUAL STATEMENT OF THE TOTAL amended— AMOUNT OF INTELLIGENCE EXPENDITURES FOR open to amendment at any point. (1) by striking ‘‘Not later than 6 months after The CHAIRMAN. Is there objection THE PRECEDING FISCAL YEAR.—Not later than the date of the enactment of this Act, and every February 1 of each year, the Director of Cen- to the request of the gentleman from 6 months thereafter,’’ and inserting ‘‘Not later tral Intelligence shall submit to Congress a Florida? than March 1, 2001, and every March 1 there- report containing an unclassified statement There was no objection. after,’’; and of the aggregate appropriations for the fiscal The text of the remainder of the bill (2) in paragraph (1), by striking ‘‘6 months’’ year immediately preceding the current year is as follows: and inserting ‘‘year’’. for National Foreign Intelligence Program TITLE II—CENTRAL INTELLIGENCE AGEN- TITLE IV—CENTRAL INTELLIGENCE (NFIP), Tactical and Intelligence and Re- CY RETIREMENT AND DISABILITY SYS- AGENCY lated Activities (TIARA), and Joint Military TEM SEC. 401. MODIFICATIONS TO CENTRAL INTEL- Intelligence Program (JMIP) activities, in- cluding activities carried out under the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. LIGENCE AGENCY’S CENTRAL SERV- There is authorized to be appropriated for the ICES PROGRAM. budget of the Department of Defense to col- lect, analyze, produce, disseminate, or sup- Central Intelligence Agency Retirement and Dis- Section 21(c)(2) of the Central Intelligence port the collection of intelligence.’’. ability Fund for fiscal year 2001 the sum of Agency Act of 1949 (50 U.S.C. 403u(c)(2)) is $216,000,000. amended— Mr. ROEMER. Mr. Chairman, I look TITLE III—GENERAL PROVISIONS (1) by redesignating subparagraph (F) as sub- forward to the debate on this par- paragraph (G); and ticular issue. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (2) by inserting after subparagraph (E) the TION AND BENEFITS AUTHORIZED First of all, I want to reiterate to the BY LAW. following new subparagraph: gentleman from Florida (Mr. GOSS) and Appropriations authorized by this Act for sal- ‘‘(F) Receipts from miscellaneous reimburse- the gentleman from California (Mr. ments from individuals and receipts from the ary, pay, retirement, and other benefits for Fed- DIXON) that I rise in strong support and eral employees may be increased by such addi- rental of property and equipment to employees and detailees.’’. bipartisan support of this bill overall. I tional or supplemental amounts as may be nec- do, however, bring up one consider- essary for increases in such compensation or SEC. 402. TECHNICAL CORRECTIONS. benefits authorized by law. (a) REPORTING REQUIREMENT.—Section ation as amendment on this bill, and that is we do not want to reveal agency SEC. 302. RESTRICTION ON CONDUCT OF INTEL- 17(d)(1) of the Central Intelligence Agency Act LIGENCE ACTIVITIES. of 1949 (50 U.S.C. 403q(d)(1)) is amended— operations, we do not want to reveal The authorization of appropriations by this (1) by adding ‘‘and’’ at the end of subpara- any individual agency budgets, and we Act shall not be deemed to constitute authority graph (D); do not want to reveal spending on any for the conduct of any intelligence activity (2) by striking subparagraph (E); and kind of specific programs. which is not otherwise authorized by the Con- (3) by redesignating subparagraph (F) as sub- Given those parameters, what this stitution or the laws of the United States. paragraph (E). amendment argues is for one ray of SEC. 303. SENSE OF THE CONGRESS ON INTEL- (b) TERMINOLOGY WITH RESPECT TO GOVERN- sunshine, one simple disclosure of the LIGENCE COMMUNITY CON- MENT AGENCIES.—Section 17(e)(8) of the Central TRACTING. Intelligence Agency Act of 1949 (50 U.S.C. aggregate funding of all intelligence It is the sense of the Congress that the Direc- 403q(e)(8)) is amended by striking ‘‘Federal’’ activities for fiscal year 1999. Not this tor of Central Intelligence should continue to di- each place it appears and inserting ‘‘Govern- year’s request, not this year’s budget, rect that elements of the intelligence community, ment’’. but 1999’s budget. whenever compatible with the national security TITLE V—DEPARTMENT OF DEFENSE We do that in light of the fact, and I interests of the United States and consistent INTELLIGENCE ACTIVITIES stress to my colleagues, that the intel- with operational and security concerns related ligence community has voluntarily dis- to the conduct of intelligence activities, and SEC. 501. THREE-YEAR EXTENSION OF AUTHOR- ITY TO ENGAGE IN COMMERCIAL AC- closed the 1998 and the 1997 budgets, so where fiscally sound, should competitively TIVITIES AS SECURITY FOR INTEL- we are simply saying that this one ray award contracts in a manner that maximizes the LIGENCE COLLECTION ACTIVITIES. procurement of products properly designated as of sunlight comes down for the tax- Section 431(a) of title 10, United States Code, payer to have some kind of sense of having been made in the United States. is amended by striking ‘‘December 31, 2000’’ and SEC. 304. AUTHORIZATION FOR TRAVEL ON ANY inserting ‘‘December 31, 2003’’. what the overall budget is for our in- COMMON CARRIER FOR CERTAIN IN- telligence community. SEC. 502. CONTRACTING AUTHORITY FOR THE NA- TELLIGENCE COLLECTION PER- TIONAL RECONNAISSANCE OFFICE. Now, this amendment is cosponsored SONNEL. N ENERAL by my good friend the gentleman from (a) IN GENERAL.—Title I of the National Secu- (a) I G .—The National Reconnais- Virginia (Mr. MORAN), it is cosponsored rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- sance Office (‘‘NRO’’) shall negotiate, write, ed by adding at the end the following new sec- and manage vehicle acquisition or launch con- by my friend the gentleman from Or- tion: tracts that affect or bind the NRO and to which egon (Mr. BLUMENAUER), it is cospon- the United States is a party. ‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN sored by my friend the gentleman from (b) EFFECTIVE DATE.—This section shall apply INTELLIGENCE COLLECTION PERSONNEL Washington (Mr. SMITH), and, I think to any contract for NRO vehicle acquisition or ‘‘SEC. 116. (a) IN GENERAL.—Notwithstanding most importantly, it is supported by launch, as described in subsection (a), that is any other provision of law, the Director of Cen- negotiated, written, or executed after the date of my ranking member, who I have the tral Intelligence may authorize travel on any the enactment of this Act. deepest respect for, the gentleman common carrier that, in the discretion of the Di- (c) RETROACTIVITY.—This section shall not from California (Mr. DIXON). rector, would by its use maintain or enhance the apply to any contracts, as described in sub- The organizations that are for this protection of sources or methods of intelligence section (a), in effect as of the date of the enact- ray of sunshine, for a little bit of ac- collection or maintain or enhance the security of ment of this Act. personnel of the intelligence community car- countability in disclosure, the organi- rying out intelligence collection activities. AMENDMENT NO. 1 OFFERED BY MR. ROEMER zations that have written us letters on ‘‘(b) AUTHORIZED DELEGATION OF DUTY.—The Mr. ROEMER. Mr. Chairman, I offer this, include the Taxpayers for Com- Director may only delegate the authority grant- an amendment. mon Sense, Citizens Against Govern- ed by this section to the Deputy Director of Cen- The CHAIRMAN. The Clerk will des- ment Waste, the Council for a Livable tral Intelligence, or with respect to employees of ignate the amendment. World, the Center for Defense Informa- the Central Intelligence Agency the Director The text of the amendment is as fol- tion, the Center for International Pol- may delegate such authority to the Deputy Di- icy, and the list goes on and on. rector for Operations.’’. lows: (b) CLERICAL AMENDMENT.—The table of con- Amendment No. 1 offered by Mr. ROEMER. But I think one of the most compel- tents for the National Security Act of 1947 is At the end of title III add the following ling, one of the most compelling rea- amended by inserting after the item relating to new section (and conform the table of con- sons to do this, Mr. Chairman, is a re- section 115 the following new item: tents accordingly): port that came out in 1996 by people May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3499 who go over these individual budget assess what our priorities should be course. Why not?’’ That is still my re- levels throughout the intelligence com- with the intelligence budget as it re- action. Of course, we will not disclose munity, line-by-line, program by pro- lates to the overall budget. the cumulative amount. Why not? It is gram, SAP by SAP, special access pro- Mr. SISISKY. Mr. Chairman, I rise in not an astronomical amount; it is a gram by special access program, and opposition to the amendment offered very reasonable portion of the Federal they have analyzed this. And they are by the gentleman from Indiana (Mr. budget. In fact, when you compare it to such people as the former Defense Sec- ROEMER). anyone that might be considered a po- retaries, Mr. Brown and Mr. Aspin. Mr. Chairman, I regret really having tential threat, it is a very minimal They recommended that we disclose to oppose this amendment offered by amount to protect this country. not just the current year, but the next my three very good friends and col- But we have a responsibility to the year’s budget. This was in the Aspin- leagues, but I do not believe it makes taxpayers. It is their money; it is not Brown report in 1996. So they asked for sense to force, and the word is ‘‘force,’’ ours. It is one thing not to give the a few rays of sunshine on this report, the executive branch to declassify the taxpayers a receipt or an accounting of when all I am simply asking for is one aggregate amount appropriated for in- how we might spend the money; it is on the 1999 budget funding level. telligence activities each year. If there quite another to ask for a blank check. I think this is common sense, I think is one item of information a country Just sign the bottom line, we will fill this will help us get a little bit more should not disclose to its adversaries, in the amount. accountability with the intelligence it is the amount of effort being made I do not think that is the way we do community. I think this informs the each year to discover those adver- things, that we ought to do things in a taxpayer of an overall budget, what saries’ plans and intentions, their se- democracy. We ought to have as much might be going on in terms of our in- crets and vulnerabilities. transparency as possible. We ought to telligence operations. And I think one Much of the business of intelligence do everything that we can to restore of the most really convincing argu- is expensive, especially when it comes trust in government. This is not a to- ments for this, Mr. Chairman, is that to our government’s amazing technical talitarian society. I could see it if we we have right here the Intelligence Au- activities. Yet those capabilities can were operating under a fascist or cer- thorization Act for Fiscal Year 2001. sometimes be defeated by compara- tainly a communist system. You would And in this we have listed, which is a tively simple countermeasures. If our never imagine disclosing these kinds of public document, Mr. Chairman, this is adversaries can track the ups and amounts. But we have nothing to hide. an unclassified document, they go downs of our intelligence budget over We have very responsible members of through here and list Rivet Joint Mis- time, they may be able to figure out the Committee on Appropriations on sion Trainer, $15.5 million plus-up; the when new capabilities are coming on both sides of the aisle, and certainly Manned Reconnaissance Systems, $8 line and develop techniques to make the Senate Select Committee on Intel- million plus-up; the F–18 Shared Air- the system less capable. We should ligence, and the gentleman from Cali- fornia (Mr. DIXON) is an extraordinarily borne Reconnaissance Pod, $18 million keep our intelligence budget secret so responsible leader on our side, and the plus-up; and on down, over page after we do not provide information to our gentleman from Florida (Mr. GOSS) as page after page, a public document. adversaries about what we are working We are not even asking for that. We on and when. well. already disclose that in this report. We Furthermore, I do not believe disclo- b 1900 are asking for the aggregate level, not sure of the aggregate appropriations Now, the gentleman from California broken down by agency, for 1999. Not amount will improve the debates on in- (Mr. DIXON) is supporting, but so is individual reports, not individual line telligence in this body. Every Member Warren Rudman, a former Senator, cer- items, like we do in the Defense De- of the House of Representatives may tainly not a subversive, certainly not partment budget, like we did last week, have access to this information, and someone that does anything in a rad- item by item, of helicopters and ships considerably more, by taking advan- ical kind of manner. General Harold and personnel and operations and tage of the opportunity to read the Brown; we have the former CIA direc- maintenance in our Defense budget. We classified schedule incorporated in the tor Turner; we have any number of peo- are not calling for any of that in this intelligence authorization bill each ple that looked at this and decided this budget; simply for an aggregate level. year. Disclosure of the appropriations is not an irresponsible thing to do. In Finally, Mr. Chairman, let me say total will not provide more informa- fact, this is a responsible thing to do in that there are books out there that tion about intelligence activities to light of the requirement that we have talk in explicit and sensitive detail Members of the House and Senate than to be responsive to the American tax- about some of our very sensitive oper- is now available. payer. ations. Since disclosure of the aggregate in- So I would suggest, Mr. Chairman, The CHAIRMAN. The time of the telligence budget will not provide more that this amendment ought to be in- gentleman from Indiana (Mr. ROEMER) information to Members of Congress cluded, and it probably ought to be in- has expired. but could assist those who seek advan- cluded as a matter of course in each (By unanimous consent, Mr. ROEMER tages over the United States of Amer- successive year. It is nice that the CIA was allowed to proceed for 1 additional ica, I urge the defeat of this amend- or our intelligence agencies chose to minute.) ment. disclose the amount in 1997 and 1998, Mr. ROEMER. Mr. Chairman, there Mr. MORAN of Virginia. Mr. Chair- and probably will be disclosed this are books out there that you can pick man, I rise in support of the amend- year; but I think we ought to say as up on the best seller list. I am not con- ment. well that the legislative branch recog- firming, I am not denying what they Mr. Chairman, the sponsors of this nizes that this is an appropriate thing say and what accuracy they have in a amendment are not being subversive, to do in light of the fact that it is not book written by Tom Clancy, or a book and I do not think we are being naive. our money, it is the taxpayers’ money. written called Blind Man’s Bluff on I think we are being responsible to the It was a recommendation, as the gen- submarines. But certainly some of taxpayers, to the extent that it is re- tleman from Indiana (Mr. ROEMER) these books that are written by former sponsible. said, of the commission that was put CIA people or are written by journal- Now, I would certainly agree with my together to look at these types of na- ists and reporters, that talk in inti- good friend who just spoke that we tional security issues. They came up mate detail about some of these pro- ought not disclose any kind of informa- with a recommendation that the grams, I do not support the release of tion that would jeopardize our ability amount be disclosed to the public, the that kind of information. But we are to protect American citizens. But this overall amount for the intelligence simply saying, Mr. Chairman, one ray does not do that. budget on a current basis. This is not of sunshine for disclosure, for public When my good friend, the gentleman on a current basis, this is the previous accountability and for information for from Indiana (Mr. ROEMER), said he was fiscal year. I think it is a very mod- the taxpayer, so that they have one offering the amendment and would I erate piece of legislation, it is a rea- grain of information to look at as they like to be a cosponsor, I said, ‘‘Of sonable thing to do, and I would hope H3500 CONGRESSIONAL RECORD — HOUSE May 22, 2000 that we would not have much con- resentatives, we tell the executive what the public has a right to know. troversy over something like this and branch to declassify things and get pro- The fiscal year 1997 budget was re- deal with more difficult, complex mat- scriptive about how exactly that vealed to the American public as $26.6 ters. should be done. It is my view that that billion. That was not something that Mrs. WILSON. Mr. Chairman, I move generally should be left up to the exec- was probably a shock to our adver- to strike the last word. utive branch of government. saries, who have pretty good estimates Mr. Chairman, there is something Sometimes I think that we get a lit- of what we are doing in this arena. that I think we are forgetting in this tle bit complacent. The Cold War is There are experts that speculate on debate and that is that every Member over. We are all focused on things at this. The Republic’s foundations have of Congress can go up to the Select home, on Social Security and taxes and not been shattered. The next year when Committee on Intelligence room and education, and things that our con- it was revealed that it was $26.7 billion, see the entire content of the intel- stituents are facing every day. But just life went on, and if we were to give the ligence authorization bill. There is because the Cold War is over does not American public what the figure is for nothing that is kept from us as elected mean that there are not people out this year and what is recommended in representatives, but there are things there that would take advantage of the the aggregate for the following year, that are kept in every detail from our United States and whose interests are life as we know it will continue. opponents and our potential enemies. contrary to our own, and I am ever I think that we in this body and in That puts the responsibility on a mindful of what Churchill once said. the Federal Government generally tend small number of shoulders, and most of The truth must be protected by a body- to draw a curtain of secrecy over them are sitting in this room here now, guard of lies, and it is sometimes in the things that are not going to be secret the members of the House Permanent interests of the United States of Amer- from our adversaries; but they are Select Committee on Intelligence. It is ica to deceive our enemies about what going to keep, and this happens time our job to review the budgets and the we are actually doing in order to pro- and time again, information that we do sources and the methods and to provide tect our national security. not want revealed to the American oversight of all of the intelligence My colleague from Indiana talks public for whatever reason. agencies, and we have to do this job in about one ray of sunshine. I see it a lit- We are starting to see the history of a way that is kind of uncommon for tle differently. I think it is one piece of what has happened with the FBI under politicians. We have to do it quietly, a puzzle, a piece of a puzzle that our J. Edgar Hoover under the guise of na- without a lot of public hooha, in a enemies would very much like to have, tional security. We have seen the closed room where the press is not and which I think is the obligation of things that have been perpetrated by there. Most of us are used to putting this body to deny them. that agency under Mr. Hoover’s re- out press releases on everything and Mr. ROEMER. Mr. Chairman, will the gime. arguing about things in the media, but gentlewoman yield? Mr. Chairman, I think that it is time Mrs. WILSON. I yield to the gen- we do not have that privilege on this for us to take a step back and look at tleman from Indiana. committee, and we should not, because this amendment, which gives the Mr. ROEMER. Mr. Chairman, I thank this is a matter of national security. the gentlewoman, who is a very valu- American public an opportunity to Declassifying the intelligence budg- able member of the Committee on In- evaluate some of the trending. It is not et, whether as an overall number, or in telligence, and I certainly respect her going to be a great mystery to our ad- smaller pieces, only helps our enemies opinions on a host of different issues. versaries who have access to some in- to track trends in our spending and fig- However, as she started out the de- formation from their sources. It is ure out what we are doing. My col- bate on this issue, she said, we as mem- speculated upon in the academic com- league from Indiana talks about books bers of the committee have access, the munity, but it will give the American that have been published or articles 16 of us, and all 435 members, have ac- public a little more information. that have been written, and none of us cess if they want. This amendment is I think it is appropriate for us to ask on this committee ever confirm or not about that access of Members of hard questions as a people about the deny or say anything about what is Congress. Sometimes we think we are resources that are being invested. How, right and what is wrong; and he well pretty smart; we think we know and given the tens of billions of dollars knows that a lot of it is complete wild- have a lot of the answers. This is about that were invested in our security ap- ness. But we do not comment on it, be- providing one simple piece of informa- paratus, we could not predict the col- cause it is our job not to. tion to the people that work hard every lapse of the former Soviet Union; that The problem with declassifying the day to fund the overall budget, and we somehow could not identify the Chi- whole number is that one cannot talk then they get one ray of sunshine to nese embassy, which resulted in a trag- about the details, so it makes no sense know how the intelligence budget fits ic bombing, the impact of the repercus- in context with other parts of the into the overall budget. sions we are still dealing with. budget. We cannot explain it, we can- The CHAIRMAN. The time of the Mr. Chairman, I think that we ought not defend it, we cannot talk about the gentlewoman from New Mexico (Mrs. to be honest about the public realm details and what it means and what we WILSON) has expired. and stop the charade here. There is an are buying; but we can refer our col- (By unanimous consent, Mrs. WILSON adequate amount of information that leagues up to the intelligence room to was allowed to proceed for 1 additional is available for very sophisticated peo- look at those details, even though we minute.) ple to be able to allow some tracking of cannot talk about it publicly. Even the Mrs. WILSON. Mr. Chairman, that this. I think taking an additional step gentleman from Virginia (Mr. MORAN) really was not my point. My point was so that the American public has it seemed to find it difficult to talk about that there are times when we as elect- makes sense. I hope that we will be comparisons here on the floor because ed representatives have to take on and more rational about what we keep se- this is a public forum. We would have shoulder tremendous responsibility, cret and what we do not. I am all in that difficulty again and again and and that responsibility may include ac- favor of trying to protect things that again if we try to justify a declassified cess to information that we cannot are truly important for national secu- total number without being able to share with our constituents. That is rity, but not to protect people from talk about the specifics that make it the responsibility we have been given embarrassment about things years up. as members of this committee, and it is after the fact, and not to protect the I am also concerned that there are no one that I think that we should con- American public from knowing how exceptions in this amendment for time tinue, including this one piece of infor- their tax dollars were spent. of war or national emergencies, and we mation. Rumor has it that in about 1987 we are directing the President and the CIA Mr. BLUMENAUER. Mr. Chairman, I had a peak of about $36 billion that to declassify numbers that, frankly, move to strike the requisite number of were invested in all of these intel- they already have the authority to do words. ligence activities. Yet, today, 13 years without direction of this Congress; and Mr. Chairman, the point, as my col- later, with a less sophisticated array of it concerns me when, as elected rep- league from Indiana was making, was allied forces that we are contending May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3501 with, we are still investing huge sums any increase in spending would be tions Subcommittee on Defense that of money that ought to give us all an spent on. deals with national security. As some opportunity for a constructive national I am certain that our intelligence of my colleagues have mentioned, debate. community can meet that challenge. there are some of our individual mili- I think the approval of this amend- The accountability that the intel- tary items that are in what we call the ment, with the recommendations of the ligence community must have is one of black world. They are kept secret. commission that we had of other in- the main reasons that I am supporting They are kept secret for a reason, formed sources who want to pull this the amendment of the gentleman from and that is beyond just their techno- out into the light of day, as my friend, Indiana (Mr. ROEMER). Some have said logical potential and capability. There the gentleman from Indiana (Mr. ROE- if we go through releasing this aggre- are a lot of things about those systems MER) has indicated, would be an impor- gate number, it starts us down a road we would not want our enemies to tant step forward. to releasing other information. No, no, know. I realize that this amendment Mr. Chairman, I hope that we as a it does not have to be that way. We can has little to do with that, for we are body will be consistent in terms of say it is the aggregate number and not being asked to peel back the onion, wanting to make sure that the public that is that. We can make a decision, even though the gentlewoman just sug- has access to all of the positions that Congress can act, and that can be what gested there are many things that are they have a right to have knowledge of the decision is. classified that she would prefer to be and that does not compromise our se- It does not mean we are starting unclassified. curity. We can start by at least going down the road to anything, except bet- Ms. PELOSI. Mr. Chairman, would back and giving a third year’s subject ter accountability to the American the gentleman yield? for what the total disclosure is. people, again for how this fits into our Mr. LEWIS of California. Let me con- Mr. Chairman, I urge the adoption of total budget. Our budget is what we tinue my statement. I would like to this amendment. spend most of our time working on continue my statement. Ms. PELOSI. Mr. Chairman, I move here, whether it is in the authorizing Ms. PELOSI. I appreciate that, but to strike the requisite number of committees to prepare the policy or that is not what I said. I am talking words. the Committee on the Budget to do the about information, and the gentleman Mr. Chairman, I rise in support of the allocations or the Committee on Ap- knows I am respectful of his position. gentleman’s amendment, and I thank propriations to do the final appro- Mr. LEWIS of California. I under- him for his courage and his leadership priating. So it is what we spend most stand what the gentlewoman from Cali- in offering it here. He is a very serious of our time on, and this amount of fornia (Ms. PELOSI) was saying, but I member of the committee, as has been money, whatever it is, is a large per- am just making a suggestion that noted, and all of us on the committee centage of that discretionary spending, there is a parallel here. take our responsibilities very seri- a very large percentage of it. One of the pieces of information that ously. So as we have to make decisions is largely public at this point has to do When a Member of the House receives about cuts here and there, I think it is with our submarine force. There are the honor of serving on the House Per- perfectly appropriate that the public people who would suggest that we do manent Select Committee on Intel- knows how this intelligence budget fits not need very many more submarines. ligence, we assume a greater responsi- into the entire budget. There are others who suggest we ought bility for our national security in that It is difficult to believe that the ag- to have at least as many as we have, we have to be trusted with a great deal gregate budget figure for fiscal years and one of the reasons is because they of information. We also take a respon- 1997 and 1998 could be made public by go under the water and nobody really sibility to protect the sources and DCI Tenet with no impact on national necessarily knows where they are. methods by which we obtain that infor- security and the figure for fiscal year In the straits near China, it might be mation. That responsibility is a grave 1999 could not be because national se- interesting to have leaders wonder one for us, because lives are at stake. curity would be harmed if it were dis- whether we are there or not. We also want our President and the closed. Well, I make that point because there administration to have the best pos- It is so sad, it is almost ludicrous, it is a parallel here. Our intelligence ef- sible information in the interest of our is almost ludicrous, when what we are fort is considerably smaller than some national security and to make the deci- trying to do is to protect the commu- of us would like it to be and revealing sions and judgments that a President nity so that there is respect for the job that number might suggest to many as must make, regardless of what party that they do, but what we are trying to to why many of us are so concerned. On he belongs to, or what opinions he has. do is protect their sources and meth- the other side of that, there is reason We want him to have the best possible ods. and value in suggesting that maybe our information. By the way, I want to add here that enemies or potential enemies think So we need to have, and again, as we there is much else that should be de- that we spend a lot more money than are in a new world where it is not bipo- classified that is in the realm of classi- we do. I would like them to think that, lar, but it is many serpents, as DCI fied now, and that is a whole other sub- frankly, and there is value in having Woolsey described it at one time, we ject and one that hopefully we will go them think that. need to have intelligence, but we ought into in a more serious way as declas- Now, the point that I am making is to be careful enough to move in that sification is taking place, but this one that this fabulous democracy that we direction with fiscal responsibility as simple matter, which says to the have the privilege of representing here well as responsibility for intelligence. American people we are not afraid for involves the people sending us to this them to know the aggregate number great forum, to sit in committees, to b 1915 that we spend on intelligence. sit on this floor, argue pro and con, de- We are a very special country. The The gentleman from Indiana (Mr. velop the information that leads to log- confidence that people have in our gov- ROEMER) is doing a service to our coun- ical policy conclusions. The public ernment is our strength. So it is hard try and to this Congress by proposing sends us here because they cannot to understand why, in this body, the this amendment. Again, I commend come here to do that detail work. They House of the people, we would want to him for his courage, his leadership and send us here also knowing full well deprive the public of knowing what urge our colleagues to support his that there are items relative to the na- proportion of our budget is spent on in- amendment. tional interest, that not only are they telligence. Mr. LEWIS of California. Mr. Chair- not able to participate day in and day I happen to think that we are good man, I move to strike the requisite out about but indeed they think we enough at that, that the intelligence number of words. should do it with competence and community is good enough at releasing Mr. Chairman, as most of my col- sometimes in confidence. that figure and at the same time hav- leagues know, for a reasonably short The fact is that there is not a ground ing our adversaries not have access to time I have had the privilege of swell of public outcry out there saying what that figure is spent on or what chairing the Committee on Appropria- we have to have this number. It has H3502 CONGRESSIONAL RECORD — HOUSE May 22, 2000 been debated here on the floor for sev- Our defense budget, and the gen- and even projected years’ numbers. In eral years, but the numbers of people tleman waxed eloquent about how few fact, I believe it would scare our en- who are really interested perhaps are go to read it, I do not go to read it. emies into submission. reflected by the numbers of Members Does anyone know why? It is a Catch Mr. DIXON. Mr. Chairman, I move to who have gone to our committee room 22. If I go and read it, I cannot talk strike the requisite number of words. to read these bills. about it but if I do not read it then I I support the Roemer amendment. Outside of our committee, I believe can talk about it. I will say we are This is an amendment that I think the the number last year where someone spending $30 billion, $30 billion of hard- American people are owed today. Per- came in was seven Members actually earned taxpayer dollars on the intel- haps at one time it would not have went in to read the bill, and I frankly ligence services. been appropriate to disclose the aggre- wonder if they read the whole bill. The Now we had one agency a few years gate amount of the past year’s intel- first page on there shows them what ago that lost $4 billion in bookkeeping. ligence budget, but I think the time the number is. There are four so far They did not know they had it. Well, has come to do so. this year. they found it again after they were au- The first argument that we hear, it is So there is this huge ground swell dited; and that money has been reallo- either expressed or implied, is that if out there suggesting that the public cated, I guess. I do not know. I have the American people knew the aggre- has no confidence in us in this very not gone up to check out the secret re- gate amount spent on intelligence they delicate area. I would suggest that the port. would demand that the amount be cut. public that actually studies this area The only reason it is kept secret is to The problem with this argument is knows there is value in not having our keep it secret from the American peo- that, even if that were true, that is not enemies or our potential enemies know ple, not from our enemies. This amount a reason to classify the amount. how little we spend or how much we of money is more than the gross do- Executive Order 12958 makes clear spend. Therefore, Mr. Chairman, I mestic product of virtually all of our that information may only be classi- strongly oppose this amendment enemies combined. They would be fied to protect national security and Ms. PELOSI. Mr. Chairman, will the frightened to death if they knew we not hinder discussion or debate. gentleman yield? were spending $30 billion to sneak The second argument we hear in one Mr. LEWIS of California. I yield to around in their countries or to look at form or another is that making the ag- the gentlewoman from California. them from satellites or however else it Ms. PELOSI. I just want to make gregate figure public would provide no is we are monitoring their activities. sure it is clear that I completely agree useful information, because a context But they do not know that and the gen- with everything the gentleman said ex- for spending can only be provided at tleman says, well, we would not want cept for the aggregate number. the program level. Because the public Mr. LEWIS of California. I am mak- them to know how little we are spend- would be dissatisfied with this useless ing the point about the aggregate num- ing. Only $30 billion, only $30 billion? information, irresistible pressure ber. This is extraordinary. would be brought to declassify more of Ms. PELOSI. I understand that. The The gentleman has not even proposed the intelligence budget. This is called gentleman said I said there should be that we would tell them how much we the slippery slope argument, and I dis- more things. What I am talking about are going to spend this year, which is agree with it. is the Hinchey amendment, which more secret. It might be an increase of I for one will oppose declassification talked about our U.S. involvement in X percent of X which might be Y. even at the agency level. Moreover, Chile and Guatemala and those things. Those who took math can follow that. fear of what might happen in the fu- Mr. LEWIS of California. Reclaiming But we do not know. We really do not ture plainly does not meet the classi- my time, Mr. Chairman. know, and they would not know. They fication standard in the executive Ms. PELOSI. Not the gentleman’s would only know what we spent last order. budget, the gentleman is right. year. The third argument is that America’s The CHAIRMAN. The gentleman This is an incredibly modest amend- enemies, by comparing year-to-year from California has the time. ment. It will let the taxpayers know aggregate intelligence budgets, and Mr. LEWIS of California. Mr. Chair- how much money we spent last year. this is the argument we have heard man, with that I believe I made the We are not going to audit how they mostly tonight, could figure out what point that I do not want our enemies to spent it. We are not going to audit if specific new programs were being fund- know how much we are not spending as they lost billions again like that agen- ed and the deficiencies these programs well as how much we are spending, and cy unnamed did a few years ago. We are were meant to remedy. I think that is in the national interest, not going to audit to see if it was well b 1930 in the security of our country’s inter- spent, if it was spent on satellites or est and perhaps, well not perhaps but human information or other secret It is difficult to believe that an ad- very much in the interest of peace. technologies to monitor every commu- versary, no matter how strong its ana- Mr. DEFAZIO. Mr. Chairman, I move nication around the earth that I am lytical skills, could use the top line to strike the requisite number of getting a lot of e-mails about in my of- number to determine program spe- words. fice. No. We would just know how much cifics. Several nations disclose their in- Mr. Chairman, those who are watch- money we spent last year on this ag- telligence budgets, and I doubt if our ing have to be extraordinarily puzzled gregate budget. analysts use solely those figures as a by this debate. Now since the year I I think it would scare the bejesus out basis for a judgment on the specific was born, and as everyone can all see I of all of our enemies if they knew how programs in those budgets. am getting a little long in the tooth, much we were spending. They would be Additionally, as the report accom- that has been quite a few years, 1947, really scared. They cannot come near 1/ panying this year’s authorization the United States has kept secret the 100th of 1 percent of that for their in- makes clear, a great deal of informa- amount of money that is spent well telligence budget. So let us reveal it. tion is already made public on the and the amount of money that is not Like the gentleman has proposed, we shortcomings of the intelligence com- spent so well on the intelligence serv- are only going to reveal it for last munity. ices and agencies of the United States. year. I would go further. I would actu- Some of us will argue that this year’s This certainly could have been a ra- ally reveal it for this year. I do not budget is at an appropriate level; oth- tionale in 1947, the year I was born think that would be a problem. In fact, ers will argue that the administration with the closing of the Iron Curtain, we do have a report which came out, has not provided enough money. The the fear of the Soviet Union and their which I left over there, but a report in administration’s budget request is 6.6 growth across Europe and around the 1996 where in fact, chaired by the Sec- percent above last year’s appropriation world; threats that we perceived, but retary of Defense and others, the com- level. Others will argue that, in fact, that is history. The Soviet Union has mission said that there would be no we should cut it. collapsed. We are now confronted with harm, no threat possible to our na- If we are to make these arguments on rogue nations and others. tional security to publish this year’s the floor, the American public should May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3503 know what that inclusive figure is. It trict of Columbia sustained the DCI’s Mr. Chairman, I include the following mate- is entirely fighting with one’s hands conclusions and dismissed the lawsuit rials for printing in the RECORD. behind one’s back to say that the on the summary judgment. UNITED STATES DISTRICT COURT FOR THE President has offered up too much or So I have the President of the United DISTRICT OF COLUMBIA too little, or we have provided too States, head of the intelligence com- Steven Aftergood, on behalf of the Federa- much or too little without the public munity, and the courts all agreeing we tion of American Scientists, Plaintiff, v. knowing and being able to make the have got something new, and it is dif- Central Intelligence Agency, Defendant. judgment on the aggregate number. ferent here. Civ. No. 98–2107 (TFH) Mr. Chairman, I believe this amend- Now, some point has been made by DECLARATION OF GEORGE J. TENET ment will make an important contribu- the Aspin/Brown Commission. I do not INTRODUCTION tion to the debate on the resources nec- claim infallibility for the Aspin/Brown I, GEORGE J. TENET, hereby declare: essary to support our national secu- Commission. I was on it. I can ensure 1. I am the Director of Central Intelligence rity, and I would urge the Members of the distinguished gentleman from Indi- (DCI). I was appointed DCI on 11 July 1997. the House to reflect on this overnight ana (Mr. ROEMER), who has made the As DCI, I serve as head of the United States and give the public the opportunity to amendment, that we thought a con- intelligence community, act as the principal sensus report was very important. We adviser to the President for intelligence know last year’s aggregate number. I matters related to the national security, and pledge support to resist opening up the had quite a debate in Aspin/Brown. And rather than make a big issue over this, serve as head of the Central Intelligence budget further. But as we argue too Agency (CIA). much or too little, the public should we said, let us have a unanimous re- 2. Through the exercise of my official du- know what that reference is. port, and we put it out. ties, I am generally familiar with plaintiff’s Mr. GOSS. Mr. Chairman, I move to I would not read too much in it. What civil action. I make the following statements strike the requisite number of words. I would read into it is that other re- based upon my personal knowledge, upon in- Mr. Chairman, I am very pleased that ports done at the same time, the IC–21 formation made available to me in my offi- we are having this debate again. We report and the CFR report, does not ex- cial capacity, and upon the advice and coun- actly come to the same conclusions. I sel of the CIA’s Office of General Counsel. had it in committee. It was voted down 3. I understand that plaintiff has submitted in committee 11–5. In an abundance of think what we found is that, of the many recommendations that came out Freedom of Information Act (FOIA) requests fairness, the Committee on Rules has for ‘‘a copy of documents that indicate the given us an open rule and done all of Aspin/Brown, this one did not prove amount of the total budget request for intel- these things, and we are getting to the to be particularly useful. In fact, be- ligence and intelligence-related activities for point. cause of this trend-line problem, which fiscal year 1999’’ and ‘‘a copy of documents I think there are a couple of points we did not debate, incidentally, it did that indicate the total budget appropriation that need to be said. First of all, ac- not turn out to be helpful. for intelligence and intelligence-related ac- countability is very important, and I Another point that has been made to- tivities for fiscal year 1999, updated to reflect the recent additional appropriation of ‘emer- believe our committee does a fabulous night is sunshine. We need just one ray of sunshine. Here is 48 pages of sun- gency supplemental’ funding for intel- job on accountability. The point that ligence.’’ I also understand that plaintiff al- has been made by several who have shine with lots of numbers, disclosure of the things that will not damage our leges that the CIA has improperly withheld spoken on this, any Member can come such documents. I shall refer to the re- national security. That is important. upstairs and satisfy themselves on any quested information as the ‘‘budget request’’ We make the decisions, if we think it aspect. The American people look to us and ‘‘the total appropriation,’’ respectively. can be disclosed, it should be disclosed, for that accountability. We are pleased 4. As head of the intelligence community, and we try and do that. Of course the my responsibilities include developing and to invite our colleagues to come up to President has the final word on the presenting to the President an annual budget the committee to make sure we are question of classification. It lies with request for the National Foreign Intelligence doing our job properly. So far, it seems the executive. Program (NFIP), and participating in the de- we are because, as the gentleman from The final point I would make, I velopment by the Secretary of Defense of the California (Mr. DIXON) pointed out, think, is this; and, again, I do not want annual budget requests for the Joint Mili- tary Intelligence Program (JMIP) and Tac- there is not a huge groundswell on this this to be contentious, we have had the subject. tical Intelligence and Related Activities debate, and there are different views, (TIARA). The budgets for the NFIP, JMIP, The second point that has been made and they are entirely legitimate, and I as well it would be great to have some and TIARA jointly comprise the budget of accept them. We work in a nonpartisan the United States for intelligence and intel- information out there. It might be con- way upstairs, and we have come to a ligence-related activities. fidence building. Well, it is true that conclusion that this is not an amend- 5. The CIA has withheld the budget request the President of the United States who ment we wanted on our authorization, and the total appropriation on the basis of does have the authority to disclose this but we are bringing it to the Members FOIA Exemption (b)(1) because they are cur- number, it does lie with the President because one of our Members did. rently and properly classified under Execu- of the United States to reveal it, chose I honestly believe that the President tive Order 12958, and on the basis of FOIA Ex- emption (b)(3) because they are exempted to reveal it through the Director of trusts Americans. We trust Americans. Central Intelligence in 1997 and 1998. I from disclosure by the National Security Act Our committee trusts Americans. of 1947 and the Central Intelligence Agency do not believe there has been an uptick Trusting Americans is not what this is Act of 1949. The purpose of this declaration, in confidence in the intelligence com- about. I do not trust our enemies. I do and the accompanying classified declaration, munity because of that. not know whether they can get any- is to describe my bases for determining that But something else did happen that thing useful, but I do not want to take disclosure of the budget request or the total caused us a problem. When they got to the chance if the President of the appropriation reasonably could be expected 1999, they discovered, whoops, we are United States feels that we should not. to cause damage to the national security and getting into a trend-line situation. And I do not want to give to any terrorist, would tend to reveal intelligence methods. the President said, ‘‘I do not think it is 6. I previously executed declarations in to any drug dealer, to any weapons this case that were filed with the CIA’s mo- in the national security interest to cre- proliferator any information that could tion for summary judgment on 11 December ate these trend lines that our enemies be used against us. 1998. Those two declarations described my can follow,’’ and he chose not to dis- So perhaps it is an abundance of cau- bases for withholding the budget request close the number. tion on my part. But those who have only. Since the CIA filed its motion for sum- In fact, the DCI was taken to court the first line of responsibility on this mary judgment, plaintiff has filed an amend- over the number, over the issue. When said, no, let us not reveal it. I think ed complaint seeking release of the total ap- the DCI got through making his de- they have made the right judgment. I propriation also. For the Court’s conven- fense, at the appropriate time I will do not think we should override that ience, the justifications contained in my ear- put this in the record, he came to the lier declarations are repeated and supple- judgment. mented in this declaration and the accom- conclusion that the trend-line fashion It is for that reason that I think that panying classified declaration and describe could be reasonably expected to dam- we should not approve this amend- my bases for withholding both the budget re- age national security. Judge Hogan for ment, and I will urge our colleagues to quest and the total appropriation for fiscal the Federal District Court for the Dis- vote against the Roemer amendment. year 1999. H3504 CONGRESSIONAL RECORD — HOUSE May 22, 2000

PRIOR RELEASES icymakers had to address a paradox of intel- pected to cause damage to the national secu- 7. In October 1997, I publicly disclosed that ligence appropriations: the more they pub- rity in several ways. First, disclosure of the the aggregate amount appropriated for intel- licly disclosed about the amount of appro- budget request reasonably could be expected ligence and intelligence-related activities for priations, the less they could publicly debate to provide foreign governments with the fiscal year 1997 was $26.6 billion. At the time about the object of such appropriations with- United States’ own assessment of its intel- of this disclosure, I issued a public statement out causing damage to the national security. ligence capabilities and weakness. The dif- that included the following two points: They struck the balance in favor of with- ference between the appropriation for one First, disclosure of future aggregate fig- holding the amount of appropriations. For year and the Administration’s budget re- ures will be considered only after deter- over fifty years, the Congress has acted in quest for the next provides a measure of the mining whether such disclosure could cause executive session when approving intel- Administration’s unique, critical assessment harm to the national security by showing ligence appropriations to prevent the identi- of its own intelligence programs. A requested trends over time. fication of trends in intelligence spending budget decrease reflects a decision that ex- Second, we will continue to protect from and any correlations between specific spend- isting intelligence programs are more than disclosure any and all subsidiary informa- ing figures with particular intelligence pro- adequate to meet the national security needs tion concerning the intelligence budget: grams. Now is an especially critical and tur- of the United States. A requested budget in- whether the information concerns particular bulent period for the intelligence budget, and crease reflects a decision that existing intel- intelligence programs. In other words, the the continued secrecy of the fiscal year 1999 ligence programs are insufficient to meet Administration intends to draw the line at budget request and total appropriation is our national security needs. A budget re- the top-line, aggregate figure. Beyond this necessary for the protection of vulnerable in- quest with no change in spending reflects a figure, there will be no other disclosures of telligence capabilities. decision that existing programs are just ade- currently classified budget information be- quate to meet our needs. CLASSIFIED INFORMATION FOIA EXEMPTION cause such disclosures could harm national 16. Similar insights can be gained by ana- (b)(1) security. lyzing the difference between the total ap- 8. In March 1998, I publicly disclosed that 11. The authority to classify information is propriation by Congress for one year and the the aggregate amount appropriated for intel- derived from a succession of Executive or- total appropriation for the next year. The ligence and intelligence-related activities for ders, the most recent of which is Executive difference between the appropriation for one fiscal year 1998 was $26.7 billion. I did so only Order 12958, ‘‘Classified National Security In- year and the appropriation for the next year after evaluating whether the 1998 appropria- formation.’’ Section 1.1(c) of the Order de- provides a measure of the Congress’ assess- tion, when compared with the 1997 appropria- fines ‘‘classified information’’ as ‘‘informa- ment of the nation’s intelligence programs. tion, could cause damage to the national se- tion that has been determined pursuant to Not only does an increased, decreased, or un- curity by showing trends over time, or other- this order or any predecessor order to re- changed appropriation reflect a congres- wise tend to reveal intelligence methods. Be- quire protection against unauthorized disclo- sional determination that existing intel- cause the 1998 appropriation represented ap- sure.’’ The CIA has withheld the budget re- ligence programs are less than adequate, proximately a $0.1 billion increase—or less quest and the total appropriation as classi- more than adequate, or just adequate, re- than a 0.4 percent change—over the 1997 ap- fied information under the criteria estab- spectively, to meet the national security propriation, and because published reports lished in Executive Order 12958. needs of the United States, but an actual fig- did not contain information that if coupled CLASSIFICATION AUTHORITY ure indicates the degree of change. with the appropriation, would be likely to 12. Information may be originally classi- 17. Disclosure of the budget request or the allow the correlation of specific spending fig- fied under the Order only if it: (1) is owned total appropriation would provide foreign ures with particular intelligence programs, I by, produced by or for, or is under the con- governments with the United States’ own concluded that release of the 1998 appropria- trol of the United States Government; (2) overall assessment of its intelligence weak- tion could not reasonably be expected to falls within one or more of the categories of nesses and priorities and assist them in re- cause damage to the national security, and information set forth in section 1.5 of the directing their own resources to frustrate so I released the 1998 appropriation. Order; and (3) is classified by an original the United States’ intelligence collection ef- 9. Since the enactment of the intelligence classification authority who determines that forts, with the resulting damage to our na- appropriation for fiscal year 1998, the budget its unauthorized disclosure reasonably could tional security. Because I have determined it process has produced: 1) the fiscal year 1998 be expected to result in damage to the na- to be in our national security interest to supplemental appropriations; 2) the Adminis- tional security that the original classifica- deny foreign governments information that tration’s budget request for fiscal year 1999 tion authority can identify or describe. The would assist them in assessing the strength (a subject of this litigation); 3) the fiscal classification of the budget request and the of United States intelligence capabilities, I year 1999 regular appropriation (a subject of total appropriation meet these require- have determined that disclosure of the budg- this litigation); and 4) the fiscal year 1999 ments. et request or the total appropriation reason- emergency supplemental appropriation (a 13. The Administration’s budget request ably could be expected to cause damage to subject of this litigation). Information about and the total appropriation are information the national security. I am unable to elabo- each of these figures—some of it accurate, clearly owned, produced by, and under the rate further on the bases for my determina- some not—has been reported in the media. In control of the United States Government. tion without disclosing classified informa- evaluating whether to release the Adminis- Additionally, the budget request and the tion. Additional information in support of tration’s budget request or total appropria- total appropriation fall within the category my determination is included in my classi- tion for fiscal year 1999, I cannot review of information listed at section 1.5(c) of the fied declaration. these possible releases in isolation. Instead, I 18. Second, disclosure of the budget request Order: ‘‘intelligence activities (including have to consider whether release of the re- or the total appropriation reasonably could special activities), intelligence sources or quested information could add to the mosaic be expected to assist foreign governments in methods, or cryptology.’’ of other public and clandestine information correlating specific spending figures with 14. Finally, I have made the determination acquired by our adversaries about the intel- particular intelligence programs. Foreign required under the Order to classify the ligence budget in a way that could reason- governments are keenly interested in the budget request and the total appropriation. ably be expected to damage the national se- United States’ intelligence collection prior- By Presidential Order of 13 October 1995, curity. If release of the requested informa- ities. Nowhere are those priorities better re- ‘‘National Security Information’’, 3 C.F.R. tion adds a piece to the intelligence jigsaw flected than in the level of spending on par- 513 (1996), reprinted in 50 U.S.C. § 435 note puzzle—even if it does not complete the pic- ticular intelligence activities. That is why (Supp. I 1995), and pursuant to section ture—such that the picture is more identifi- foreign intelligence services, to varying de- 1.4(a)(2) of Executive Order 12958, the Presi- able, then damage to the national security grees, devote resources to learning the dent designated me as an official authorized could reasonably be expected. After con- amount and objects of intelligence spending to exercise original TOP SECRET classifica- ducting such a review, I have determined by other foreign governments. The CIA’s own tion authority. I have determined that the that release of the Administration’s intel- intelligence analysts conduct just such anal- unauthorized disclosure of the budget re- ligence budget request or total appropriation yses of intelligence spending by foreign gov- quest or the total appropriation reasonably for fiscal year 1999 reasonably could be ex- ernments. could be expected to cause damage to the na- pected to cause damage to the national secu- 19. However, no intelligence service, U.S. tional security. Consequently, I have classi- rity, or otherwise tend to reveal intelligence or foreign, ever has complete information. fied the budget request and the total appro- methods. In the paragraphs that follow, I They are always revising their intelligence priation at the CONFIDENTIAL level. In the will provide a description of some of the in- estimates based on new information. More- paragraphs below, I will identify and de- formation that I reviewed and how I reached over, the United States does not have com- scribe the foreseeable damage to national se- this conclusion. I am unable to describe all plete information about how much foreign curity that reasonably could be expected to of the information I reviewed without dis- intelligence services know about U.S. intel- result from disclosure of the budget request closing classified information. Additional in- ligence programs and funding. Foreign gov- or the total appropriation. formation in support of my determination is ernments collect information about U.S. in- included in my classified declaration. DAMAGE TO NATIONAL SECURITY telligence activities from their human intel- 10. At the creation of the modern national 15. Disclosure of the budget request or the ligence sources; that is, ‘‘spies.’’ While the security establishment in 1947, national pol- total appropriation reasonably could be ex- United States will never know exactly how May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3505 much our adversaries know about U.S. intel- gularly and collectively, I have determined their disclosure reasonably could be expected ligence activities, we do know that all for- that disclosure of the budget request or the to cause damage to the national security and eign intelligence services know at least as total appropriation for fiscal year 1999 rea- would tend to reveal intelligence methods. much about U.S. intelligence programs and sonably could be expected to cause damage I hereby certify under penalty of perjury funding as has been disclosed by the Con- to the national security. Therefore, I have that the foregoing is true and correct. gress or reported by the media. Therefore, determined that the budget request and the Executed this 6th day of April, 1999. congressional statements and media report- total appropriation are currently and prop- GEORGE J. TENET, ing of the fiscal year 1999 budget cycle pro- erly classified CONFIDENTIAL. Director of Central Intelligence. vide the minimum knowledge that can be at- INTELLIGENCE METHODS—FOIA EXEMPTION MEMORANDUM OPINION tributed to all foreign governments, and (b)(3) Pending before the Court is Defendant Cen- serve as a baseline for predictive judgments 24. Section 103(c)(6) of the National Secu- tral Intelligence Agency (‘‘CIA’’)’s Motion of the possible damage to national security rity Act of 1947, as amended, provides that for Summary Judgment. After careful con- that could reasonably be expected to result the DCI, as head of the intelligence commu- sideration of Defendant’s Motion, Plaintiff’s from release of the budget request or the nity, ‘‘shall protect intelligence sources and Memorandum in Opposition, Defendant’s total appropriation. methods from unauthorized disclosure.’’ Dis- 20. Budget figures provide useful bench- reply, the arguments presented at the No- closure of the budget request or the total ap- vember 1 hearing, and upon a second review marks that, when combined with other pub- propriation would jeopardize intelligence lic and clandestinely-acquired information, of both classified affidavits as well as the un- methods because disclosure would tend to re- classified affidavit filed by Defendant in this assist experienced intelligence analysts in veal how and for what purposes intelligence reaching accurate estimates of the nature case, the Court will grant Defendant’s Mo- appropriations are secretly transferred to tion for Summary Judgment. and extent of all sorts of foreign intelligence and expended by intelligence agencies. activities, including covert operations, sci- 25. There is no single, separate appropria- BACKGROUND entific and technical research and develop- tion for the CIA. The appropriations for the Plaintiff Steven Aftergood, on behalf of the ment, and analytic capabilities. I expect for- CIA and other agencies in the intelligence Federation of American Scientists, seeks eign intelligence services to do no less if community are hidden in the various annual disclosure under the Freedom of Information armed with the same information. While appropriations acts. The specific locations of Act (‘‘FOIA’’), 5 U.S.C. § 552, of the Adminis- other sources may publish information about the intelligence appropriations in those acts tration’s total budget request for fiscal year the amounts and objects of intelligence are not publicly identified, both to protect 1999 for all intelligence and intelligence-re- spending that damages the national security, the classified nature of the intelligence pro- lated activities. Defendant, the United I cannot add to that damage by officially re- grams themselves and to protect the classi- States Central Intelligence Agency (‘‘CIA’’), leasing information, such as the budget re- fied intelligence methods used to transfer denied plaintiff’s request on the basis that quest or the total appropriation, that would funds to and between intelligence agencies. the information is exempt from FOIA’s dis- tend to confirm or deny these public ac- 26. Because there are a finite number of closure requirements because it is properly counts. Such intelligence would permit for- places where intelligence funds may be hid- classified under Executive Order 12958 in the eign governments to learn about United den in the federal budget, a skilled budget interest of national defense or foreign policy States’ intelligence collection priorities and analyst could construct a hypothetical intel- (Exemption 1) and because release of this fig- redirect their own resources to frustrate the ligence budget by aggregating suspected in- ure would tend to reveal intelligence sources United States’ intelligence collection efforts, telligence line items from the publicly-dis- and methods that are specifically exempted with the resulting damage to our national closed appropriations. Release of the budget from disclosure by statute (Exemption 3). On security. Therefore, I have determined that request or the total appropriation would pro- December 11, 1998, the Defendant moved for disclosure of the budget request or the total vide a benchmark to test and refine such a summary judgment on the basis of three dec- appropriation reasonably could be expected hypothesis. Repeated disclosures of either larations from George J. Tenet, Director of to cause damage to the national security. I the budget request or total appropriation Central Intelligence (‘‘DCI’’), one unclassi- am unable to elaborate further on the basis could provide more data with which to test fied filed as an exhibit to Defendant’s Motion for my determination without disclosing and refine a hypothesis. Confirmation of the for Summary Judgment, and two classified classified information. Additional informa- hypothetical budget could disclose the ac- which were filed under seal and ex parte for tion in support of my determination is in- tual locations in the appropriations acts the Court’s in camera review. These declara- cluded in my classified declaration. tions explain why DCI Tenet believes the re- 21. In addition, release of both the budget where the intelligence funds are hidden, lease of the figure requested by Plaintiff request and the total appropriation would which is the intelligence method used to could reasonably be expected to cause dam- permit one to calculate the exact difference transfer funds to and between intelligence age to the national security and would tend between the Administration’s request and agencies. 27. Sections 5(a) and 8(b) of the CIA Act of to reveal intelligence methods and sources. Congress’ appropriation. It is during the con- 1949 constitute the legal authorization for gressional debate over the Administration’s DISCUSSION the secret transfer and spending of intel- budget request that many disclosures of spe- I. FOIA Exemption 1 ligence funds. Together, these two sections cific intelligence programs are reported in implement Congress’ intent that intelligence Exemption 1 of FOIA exempts from manda- the media. Release of the budget request and appropriations and expenditures, respec- tory disclosure records that are: (A) specifi- total appropriation together would assist our tively, be shielded from public view. Simply cally authorized under criteria established adversaries in correlating the added or sub- stated, the means of providing money to the by Executive Order to be kept secret in the tracted intelligence programs with the exact CIA is itself an intelligence method. Disclo- interest of national defense or foreign policy, amount of spending devoted to them. sure of the budget request or the total appro- and (B) are in fact properly classified pursu- 22. And third, disclosure of the budget re- ant to such Executive Order. 5 U.S.C. quest or the total appropriation reasonably priation could assist in finding the locations of secret intelligence appropriations, and § 552(b)(1). The Executive Order currently in could be expected to free foreign govern- effect is Executive Order (‘‘E.O.’’) 12958, ments’ limited collection and analysis re- thus defeat these congressionally-approved secret funding mechanism. Therefore I have ‘‘Classified National Security Information.’’ sources for other efforts targeted against the Courts have prescribed a two-part test, United States. No government has unlimited determined that disclosure of the budget re- quest or the total appropriation would tend part substantive and part procedural, to be intelligence resources. Resources devoted to applied in determining whether material has targeting the nature and extent of the to reveal intelligence methods that are pro- tected from disclosure. I am unable to elabo- been properly withheld under Exemption 1. United States’ intelligence spending are re- Substantively, the agency must show that sources that cannot be devoted to other ef- rate further on the bases for my determina- tion without disclosing classified informa- the records at issue logically fall within the forts targeted against the United States. exemption, i.e., that an Executive Order au- Disclosure of the budget request or the total tion. Additional information in support of my determination is included in my classi- thorizes that the particular information appropriation would free those foreign re- sought be kept secret in the interest of na- sources for other intelligence collection ac- fied declaration. CONCLUSION tional defense or foreign policy. Proce- tivities directed against the United States, durally, the agency must show that it fol- 28. In fulfillment of my statutory responsi- with the resulting damage to our national lowed the proper procedures in classifying bility as head of the United States intel- security. Therefore, I have determined that the information. Salisbury v. United States, ligence community, as the principal adviser disclosure of the budget request or the total 690 F.2d 966, 970–72 (D.C. Cir. 1982). If the to the President for intelligence matters re- appropriation reasonably could be expected agency meets both tests, it is then entitled lated to the national security, and as head of to cause damage to the national security. to summary judgment. See, e.g., Abbotts v. 23. In summary, I have determined that the CIA, to protect classified information NRC, 766 f.2d 604, 606 (D.C. Cir. 1985); Miller v. disclosure of the budget request or the total and intelligence methods from unauthorized Casey, 730 F.2d 773, 776 (D.C. Cir. 1984). appropriation reasonably could be expected disclosure, I have determined for the reasons to provide foreign intelligence services with set forth above and in my classified declara- a. The Procedural Requirements of Exemption a valuable benchmark for identifying and tion that the Administration’s intelligence 1 frustrating United States’ intelligence pro- budget request and the total appropriation Based on the unclassified Declaration of grams. For all of the above reasons, sin- for fiscal year 1999 must be withheld because DCI Tenet, the CIA has demonstrated that it H3506 CONGRESSIONAL RECORD — HOUSE May 22, 2000 has followed the proper procedures in matter de novo.’’ 5 U.S.C. § 552(a)(4)(B). In Ex- ommendation on public disclosure of the in- classifying the total budget request for intel- emption 1 cases, Congress has indicated and telligence budget. Nor did the Brown Com- ligence activities. Proper classification must courts have consistently recognized, that an mission ever consider the precise issue of be made by an original classification author- agency’s determination as to potential ad- classification presented here: whether, in ity who determines that the information is verse effects resulting from public disclosure 1999, and under the circumstances described owned by, produced by or for, or is under the of a classified record should be accorded sub- in DCI Tenet’s unclassified and classified control of the United States Government; stantial weight. See, e.g., Bowers v. Depart- declarations, it would recommend disclosure that it falls within one or more categories of ment of Justice, 930 F.2d 350, 357 (4th Cir. 1991) of the budget figures for that particular information set forth in section 1.5 of the Ex- (‘‘What fact or bit of information may com- year. ecutive Order; and that the information’s un- promise national security is best left to the Second, the fact that DCI Tenet disclosed authorized disclosure reasonably could be ex- intelligence experts.’’); Taylor v. Department the total intelligence budget in prior years is pected to result in damage to the national of the Army, 684 F.2d 99, 109 (D.C. Cir. 1982) not necessarily adverse record evidence. On security that the original classification au- (the agency’s determination should be ac- the contrary, this Court finds that it indi- thority can identify or describe. See E.O. corded ‘‘utmost deference’’); Washington Post cates DCI Tenet’s careful, case-by-case anal- 12958, § 1.2(a); see also 32 C.F.R. § 2001.10(b) v. DOD, 766 F.Supp. 1, 6–7 (D.D.C. 1991) (judi- ysis of the impact of each disclosure and his (Information Security Oversight Office direc- cial review of agency classification decision willingness to accommodate budget requests tive explaining that agency classifier must should be ‘‘quite deferential’’). The agency’s whenever possible. When he made these prior be able to identify and describe damage to determination merits this deference because disclosures, DCI Tenet emphasized that he national security potentially caused by un- ‘‘[e]xecutive departments responsible for na- would continue to make that case-by-case authorized disclosure). tional defense and foreign policy matters determination in future year. Tenet Declara- DCI Tenet is an official authorized to exer- have unique insights into what adverse af- tion T 7. Here, DCI Tenet has explained, in cise original TOP SECRET classification au- fects [sic] might occur as a result of public both his classified and unclassified declara- thority. Tenet Declaration T 13; see Presi- disclosure of a particular classified record.’’ tions, the rationale underlying his predictive dential Order of 13 October 1995, ‘‘National Salisbury, 690 F.2d at 970 (quoting S. Rep. No. judgment that release of the figures for fis- Security Information,’’ 3 C.F.R. § 513 (1996); 1200, 93rd Cong., 2d Sess. 12 (1974)). Thus, cal year 1999 could reasonably be expected to E.O. 12958 § 1.4(a)(2). Further DCI Tenet has summary judgment for the government in an cause damage to national security. There- determined that the amount of the budget Exemption 1 FOIA action should be granted fore, the Court must defer to DCI Tenet’s de- request for all intelligence activities is on the basis of agency affidavits if they sim- cision that release of a third consecutive owned by the United States Government, see ply contain ‘‘reasonable specificity’’ and if year, amidst the information already pub- Tenet Declaration, T 12; that it falls within they are not called into question by con- licly-available, provides too much trend in- the category of information listed at section tradictory evidence in the record or by evi- formation and too great a basis for compari- 1.5(c) of the Executive Order, described as dence of agency bad faith. Halperin v. CIA, son and analysis for our adversaries. ‘‘intelligence activities (including special ac- 629 F.2d 144, 148 (D.C. Cir. 1980). II. FOIA Exemption 3 tivities), intelligence sources or methods, or DCI Tenet’s Declarations meet this def- The CIA is also entitled to summary judg- erential standard. Essentially, DCI Tenet ex- cryptology,’’ see Id.; and that its disclosure ment on the basis that the budget request is plains that disclosure of the budget request reasonably could be expected to cause dam- exempt from disclosure under FOIA Exemp- reasonably could be expected to cause dam- age to the national security, see Id. at TT 13 et tion 3. Exemption 3 excludes from manda- age to national security in several ways: (1) seq. tory disclosure information that is ‘‘specifi- Plaintiff contends that DCI’s determina- disclosure ‘‘reasonably could be expected to cally exempted from disclosure by statute tion is at odds with that of the President of provide foreign governments with the United . . . provided that such statute requires that the United States and that this conflict ren- States’ own assessment of its intelligence ca- the matters be withheld from the public in ders DCI determination invalid. However, al- pabilities and weaknesses,’’ Tenet Declara- such a manner as to leave no discretion on T though the President clearly has the author- tion 14; (2) disclosure ‘‘reasonably could be the issue, or establishes particular criteria ity to do so, the President has never released expected to assist foreign governments in for withholding or refers to particular types or ordered the release of, the Administra- correlating specific spending figures with of matters to be withheld.’’ 5 U.S.C. tion’s budget request or the total appro- particular intelligence programs,’’ Tenet § 552(b)(3)(A) & (B). T priated amount for intelligence activities for Declaration 16; and (3) official disclosure In examining an Exemption 3 claim, a fiscal year 1999. Therefore, the statement of could be expected to free foreign govern- court must determine, first, whether the a Presidential spokesman, made three years ments’ limited collection and analysis re- claimed statute is a statute of exemption earlier, that, as a general matter, the Presi- sources for other efforts targeted against the under FOIA, and, second, whether the with- T dent believed ‘‘that disclosure of the annual United States, Tenet Declaration 18. held material satisfied the criteria of the ex- Obviously, DCI Tenet cannot be certain amount appropriated for intelligence pur- emption statute. CIA v. Sims, 471 U.S. 159, 167 that damage to our national security would poses will not, in itself, harm intelligence (1985); Fitzgibbon v. CIA, 911 F.2d 755, 761 (D.C. result from release of the total budget re- activities,’’ is neither on point nor in any Cir. 1990). In this case, the CIA has withheld quest for 1999, but the law does not require way legally binding. Plaintiff has offered information from plaintiff because DCI certainty or a showing of harm before allow- this Court no evidence that the President Tenet has determined that the budget re- ing an agency to withhold classified informa- has ever addressed the impact of disclosure quest falls within Section 103(c)(6) of the Na- tion. Courts have recognized that an agen- of the Administration’s budget request or tional Security Act of 1947, as amended, 50 cy’s articulation of the threatened harm the total amount appropriated for intel- U.S.C. § 403–3(c)(6) (formerly section must always be speculative to some extent, ligence activities for fiscal year 1999. The 403(d)(3)), which requires the DCI to ‘‘protect and that to require an actual showing of fact that the President encouraged release of intelligence sources and methods from unau- harm would be judicial ‘‘overstepping.’’ See similar information in earlier years is not thorized disclosure.’’ It is well settled that Halperin, 629 F.2d at 149. In the area of intel- determinative here. Unless or until the section 403–3(c)(6) falls within Exemption 3. ligence sources and methods, the D.C. Cir- President explicitly orders the release of this Sims, 471 U.S. at 167. Thus, the Court need cuit has ruled that substantial deference is information or withdraws his authorization only consider whether the Administration’s due to an agency’s determination regarding of DCI Tenet to make these classified deter- budget request falls within that statute. Id. threats to national security interests be- There is no doubt that the scope of the minations, and absent a finding by this cause this is ‘‘necessarily a region for fore- statute is broad; as the Supreme Court has Court that DCI Tenet was somehow acting in casts in which the CIA’s informed judgment commented, ‘‘[p]lainly the broad sweep of bad faith in refusing to release this informa- as to potential future harm should be re- this statutory language comports with the tion, the Court finds that TCI Tenet is au- spected.’’ Gardels v. CIA, 689 F.2d 1100, 1106 nature of the [CIA’s] unique responsibil- thorized to make this highly fact-dependent (D.C. Cir. 1982). Further, the Court noted ities.’’ Sims, 471 U.S. at 169. The legislative classification determination at issue in this that ‘‘the CIA has the right to assume that history of § 403–3(c)(6) also makes clear that case, and that he has properly done so here. foreign intelligence agencies are zealous fer- Congress intended to give the [DCI] broad b. The Substantive Requirements of Exemption ret.’’ Id. authority to protect the secrecy and integ- I In this case, plaintiff has offered no con- rity of the intelligence process.’’ Id. at 170. To demonstrate that the budget request trary record evidence undermining the valid- To establish that the budget request is ex- for intelligence falls within Exemption 1, the ity of DCI Tenet’s highly fact-dependent de- empt under FOIA, therefore, the CIA need CIA must also explain why the information termination. First, the Brown Commission’s only demonstrate that the information ‘‘re- at issue properly falls within one or more of 1996 recommendations in favor of disclosure lates’’ to intelligence sources and methods. the categories of classifiable information, in are not binding on this Court. The Brown Fitzgibbon, 911 F.2d at 762. Like the DCI’s de- this case ‘‘intelligence sources or methods,’’ Commission was a congressionally-charted termination under Exemption 1, the DCI’s see E.O. 12958 § 1.5(c), and why its unauthor- commission made up of private citizens who determination under Exemption 3 is entitled ized disclosure could reasonably be expected lacked classification authority and who to ‘‘substantial weight and due consider- to result in damage to the national security. made non-binding recommendations to Con- ation.’’ Id. When determining whether the records at gress and the President on intelligence mat- One nexus between the Administration’s issue are properly within the scope of the ex- ters. Neither Congress nor the President ever budget request and ‘‘disclosure of intel- emption; this Court must ‘‘determine the enacted the Brown Commission’s rec- ligence sources and methods’’ is found in the May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3507 special appropriations process used for intel- The point of no quorum is considered the amendment offered by the gen- ligence activities. Disclosure of the budget withdrawn. tleman from Ohio (Mr. TRAFICANT) will request would tend to reveal ‘‘how and for AMENDMENT NO. 3 OFFERED BY MR. TRAFICANT be postponed. what purposes intelligence appropriations Mr. TRAFICANT. Mr. Chairman, I are secretly transferred to and expended by The point of no quorum is considered intelligence agencies.’’ Tenet Declaration T offer an amendment. withdrawn. The CHAIRMAN. The Clerk will des- 20. AMENDMENT NO. 4 OFFERED BY MR. TRAFICANT There is no single, separate appropriation ignate the amendment. for the CIA. Appropriations for the CIA and The text of the amendment is as fol- Mr. TRAFICANT. Mr. Chairman, I other agencies in the intelligence commu- lows: offer an amendment. nity are hidden in the various appropriation Amendment No. 3 offered by Mr. TRAFI- The CHAIRMAN. The Clerk will des- acts. Id. T 21. The locations are not publicly CANT: ignate the amendment. identified, both to protect the classified na- At the end of title III, insert the following The text of the amendment is as fol- ture of the intelligence programs that are new section (and conform the table of con- lows: funded and to protect the classified intel- tents accordingly): ligence methods used to transfer funds to SEC. 306. UPDATE OF REPORT ON EFFECTS OF Amendment No. 4 offered by Mr. TRAFI- and between intelligence agencies. Id. Sec- FOREIGN ESPIONAGE ON UNITED CANT: tions 5(a) and 8(b) of the CIA Act of 1949, 50 STATES TRADE SECRETS. At the end of the bill, add the following U.S.C. §§ 403f, 403j, provide the legal author- By not later than 270 days after the date of new section: izations for the secret transfer and spending the enactment of this Act, the Director of SEC. —. The Director shall report to the of intelligence funds. Id. T 23. DCI Tenet has Central Intelligence shall submit to Con- House Permanent Select Committee on In- asserted that since there are a finite number gress a report that updates, and revises as telligence within 60 days whether the poli- of places where intelligence funds may be necessary, the report prepared by the Direc- cies and goals of the People’s Republic of hidden in the federal budget, a budget ana- tor pursuant to section 310 of the Intel- China constitute a threat to our national se- lyst could construct a hypothetical intel- ligence Authorization Act for Fiscal Year curity. ligence budget by aggregating suspected in- 2000 (Public Law 106–120, 113 Stat. 1613) (re- telligence line items from the publicly-dis- lating to a description of the effects of espio- Mr. TRAFICANT. Mr. Chairman, this closed appropriations and that repeated dis- nage against the United States, conducted is a straightforward amendment. I just closures of either the budget request or the by or on behalf of other nations, on United listened to the last debate. I have a budget appropriation would provide more States trade secrets, patents, and technology tendency to agree with the gentleman data with which to test and refine the hy- development). from Florida (Chairman GOSS). The pothesis. Id. Plaintiff denies the viability of Mr. TRAFICANT. Mr. Chairman, this numbers to me are not important. I this argument but provides no conclusive amendment calls for an update from look at what I consider to be results. evidence of its implausibility. our intelligence community on the ef- Several courts have held that information I believe if America would have in- tending to reveal the secret transfer and fects of foreign espionage on United vestigated allegations in the Chinese spending of intelligence funds is exempt States trade secrets, on, in fact, our meddling into our political system and from disclosure under FOIA as an ‘‘intel- patents, our technology development, to buying and spying on our military ligence method.’’ See e.g., Military Audit our industrial complex, our military secrets and technology, if we would Project v. Casey, 656 F.2d 724, 745 (D.C. Cir. industrial complex, and the basic ele- have spent as much money on that as 1981). Therefore, because DCI Tenet has de- ments that fuel our economy and is our we spent on investigating Microsoft, I termined that release of the total budget re- national security. think our Nation would be safer. quest would tend to reveal secret budgeting It is straightforward. It makes sense. But I have a question here today to mechanisms constituting ‘‘intelligence I urge its approval. methods,’’ it is also exempt from disclosure Mr. Chairman, I yield to the gen- the Congress. I wonder if the Central under FOIA Exemption 3. tleman from Florida (Mr. GOSS). Intelligence Agency or if our intel- CONCLUSION Mr. GOSS. Mr. Chairman, I thank the ligence community has basically said The Declarations of DCI Tenet logically es- gentleman from Ohio (Mr. TRAFICANT) to Congress, ‘‘be careful about China.’’ tablish that release of the Administration’s for yielding. I want to thank the gen- I do not know. We are going to take up budget request for fiscal year 1999 could rea- a big vote here later this week, and I sonably be expected to result in harm to the tleman from Ohio for his interest and national security and to reveal intelligence his work with the committee and his believe we are going to go ahead and ‘‘sources and methods.’’ On the basis of these support for our men and women of our ratify and approve a massive trade declarations and the entire record in this intelligence community. I appreciate agreement with China. case as well as the discussion above, this his efforts on behalf of the economy of I do not know how much we are Court will grant the CIA’s Motion for Sum- the United States of America, which he spending. But, quite frankly, what do mary Judgment. An order will accompany they advise us? What has our intel- this Memorandum Opinion. is very outspoken on and very forth- November 12, 1999. right. ligence community taken the time to THOMAS F. HOGAN, This amendment is eminently rea- educate us about where we are going United States District Judge. sonable, and I would accept the amend- when I read that China just purchased ORDER ment on behalf of the committee. I ap- 24 cruise missiles from Russia, and the In accordance with the accompanying preciate the consideration of the gen- Pentagon spokesman, on conditions of memorandum opinion, it is hereby tleman from Ohio of the best interest anonymity said, any American Naval ORDERED that Defendant Central Intel- of the intelligence community and his vessel without the protection of a car- ligence Agency’s Motion for Summary Judg- ment is granted. It is further hereby willingness to cooperate with the com- rier fleet is ‘‘dead meat.’’ This is the ORDERED that this case is dismissed with mittee on that amendment. first shipment of the cruise missiles. prejudice. Mr. DIXON. Mr. Chairman, will the Now, look, a second shipment they said November 12, 1999. gentleman yield? is expected in several months. THOMAS F. HOGAN, Mr. TRAFICANT. I am proud to yield For the first time in history, China, United States District Judge. to the gentleman from California. which is showing an aggressive posture The CHAIRMAN. The question is on Mr. DIXON. Mr. Chairman, the mi- to Taiwan, for the first time in history, the amendment offered by the gen- nority has no problem with the amend- our administration is not willing to, in tleman from Indiana (Mr. ROEMER). ment, and I will be glad to accept it. The question was taken; and the The CHAIRMAN. The question is on fact, help Taiwan. Now we are embark- Chairman announced that the noes ap- the amendment offered by the gen- ing on a massive trade agreement. I think the trade agreement bothers me peared to have it. tleman from Ohio (Mr. TRAFICANT). Mr. ROEMER. Mr. Chairman, I de- The question was taken; and the on the surface with an $80 billion sur- mand a recorded vote, and pending Chairman announced that the ayes ap- plus now surpassing Japan, and Japan that, I make the point of order that a peared to have it. has never opened their markets, and quorum is not present. Mr. TRAFICANT. Mr. Chairman, I every President from Nixon to Clinton The CHAIRMAN. Pursuant to House demand a recorded vote, and pending threatening to open the markets. So, Resolution 506, further proceedings on that, I make the point of order that a evidently, they have not abided by any the amendment offered by the gen- quorum is not present. agreement we have ever signed. tleman from Indiana (Mr. ROEMER) will The CHAIRMAN. Pursuant to House I am concerned about the national be postponed. Resolution 506, further proceedings on security implications with China. The H3508 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Traficant amendment says tell us what Mr. TRAFICANT. I appreciate the The point of no quorum is considered are the goals and policies of the Peo- gentleman yielding, and I would simply withdrawn. ple’s Republic of China, a communist ask, does the Central Intelligence Mr. ROEMER. Mr. Chairman, I rise in strong nation, and if in fact they constitute a Agency, under the milieu of events oc- bipartisan support of the fiscal year 2001 intel- threat to our national security. curring around the world, do they sup- ligence authorization. Now, if I am off base with that, then port our efforts in moving forward with I believe this bill sets about the right level of God save the Republic, because we the trade agreement? And does the overall funding for intelligence activities next should all have been briefed in our of- Central Intelligence Agency believe year. The President requested 6.6 percent fice by the CIA telling us what is going that the behavior of China poses a sig- more in funding for national programs over on over there. Otherwise, we make this nificant threat? last year's appropriated level. While some suggestion, give $1 billion to CNN, $1 I think just having people coming in have complained that the administration failed billion. Save a lot of money. Help our and talking to us, I want them to put to request sufficient funding for intelligence ac- people with the balance. Because they it down on paper, and I think that is tivities, the testimony we heard during our told us about the fall of the Soviet what Congress should require. We may budget hearings did not convince me we Union, the Berlin Wall, the invasion of be, without a doubt, dealing with the needed to go beyond the relatively robust Kuwait. We did not hear it from CIA. most serious threat in our Nation’s his- topline increase in the request. We heard it on CNN. So I think we tory, and our children and their chil- Nevertheless, there was room for concern should know that. dren, God forbid, may some day realize about some aspects of the request and the al- The Traficant amendment says tell that. I hope that does not occur. location of those resources. I have been very us and go put it down on paper. The in- So with that, I appreciate the time critical of one classified program of great cost telligence community cannot have it the gentleman has afforded me and ap- and exceedingly doubtful impact. I have also both ways and say, Aw shucks, look preciate the gentleman’s statement. been extremely concerned that the heightened what happened. Tell us if it is a good Mr. DIXON. Reclaiming my time, Mr. pace of U.S. Government counterterrorism ef- Chairman, the Central Intelligence deal or a bad deal and if we have got a forts arising out of the threat identified over Agency made it clear from the very be- problem. They have got to put it on the Millennium could not be sustained through ginning of the briefing that they had paper, and history can reflect it. the end of this fiscal year and into FY 2001. obtained certain information and ana- With that, I urge an aye vote that Finally, through oversight and legislative hear- lyzed it; it was up to the Member of would require our intelligence commu- ings, the compiled evidence significantly in- Congress receiving that briefing to nity to advise us if there is this power- creased my concerns about the state of lan- make a judgment on it. guage capabilities of intelligence community ful threat. So I do not think that we will find personnel. I have found that not only are there Mr. Chairman, I yield to the gen- the Central Intelligence Agency mak- too few people speaking the language in tleman from Florida (Mr. GOSS). ing a judgment. In this particular case, country, but too often the ones who do are not Mr. GOSS. Mr. Chairman, I thank the as it relates to China and whether they sufficiently proficient. I addressed these three distinguished gentleman from Ohio have permanent normal trade rela- concerns with an amendment to transfer some (Mr. TRAFICANT) for yielding to me tions, that is up to each Member of again. I appreciate his efforts to raise Congress based in part on what the of the funding from the highly questionable the consciousness of the House to the analysis is. But as far as whether they classified program to areas of greater need in- risk we face from the People’s Republic are a threat or a nonthreat, the CIA volving terrorism and language proficiency. of China. He has obviously done it very made it very clear that they were not This was a bipartisan effort and I thank Chair- well. taking a position in this debate and man GOSS and Ranking Member DIXON for I certainly believe the DCI can oper- that they were presenting what they their help. ate within the 60-day timeframe that felt was sound information and that we Mr. Chairman, later in the debate I will offer we have talked about. In fact, I think should, in fact, make our own judg- an amendment to require an annual unclassi- he can do it more speedily than that, ment. fied statement of the aggregate amount appro- given the other matters going on of in- Mr. TRAFICANT. Mr. Chairman, if priate for the previous fiscal year. It is my un- terest to this body. I would be prepared the gentleman will continue to yield, derstanding that one of the reasons offered for to accept the amendment and thank the amendment says the CIA shall let why the intelligence budget total should re- the gentleman again for his contribu- us know whether or not the policies main classified is that its disclosure may pro- tion. and goals of the People’s Republic of vide foreign governments with the U.S. Gov- Mr. DIXON. Mr. Chairman, I move to China constitutes a threat to our na- ernment's own assessment of its intelligence strike the last word. tional security. That is all in writing. capabilities and weaknesses. This is not per- Mr. Chairman, I rise to accept the Mr. DIXON. I realize the amendment suasive. The fact of the matter is that in our amendment, and I rise to support the says that, but the threat is in the eye great democratic country, there is consider- amendment. I think the gentleman of the beholder. And one agency may able unclassified information openly published from Ohio (Mr. TRAFICANT) has an ex- think it is a threat and another agency containing official assessments of intelligence cellent amendment. But I also think it may think that it is a nonthreat. capabilities and shortcomings. The intelligence is fair to point out that the gentleman But in the final analysis, we have to community has, in fact, published the 1997 from Virginia (Mr. WOLF), the chair- take intelligence information, that and 1998 aggregate level of spending. There man of the Subcommittee on Transpor- every Member of this House has been are legitimate concerns about protecting tation of the Committee on Appropria- encouraged over and over by the gen- through counter intelligence measures and en- tions, has been encouraging Members tleman from Virginia (Mr. WOLF) to re- hanced security our sensitive information. An of this House to get two briefings from ceive, and make a judgment call accurate report of the aggregate number ap- the Central Intelligence Agency. Wednesday or some time in the future. propriated for intelligence each year would cause no harm to national security and would b 1945 The CHAIRMAN. The question on the amendment offered by the gentleman clearly be a welcome addition to the public's In fact, I received those briefings from Ohio (Mr. TRAFICANT). understanding of the roles and mission of the with staff on Friday. So I cannot say The question was taken; and the intelligence community. It could also provide that the Central Intelligence Agency Chairman announced that the ayes ap- some measure of accountability from the does not have information available. peared to have it. agencies. I urge my colleagues to support my Perhaps this will better organize it and Mr. TRAFICANT. Mr. Speaker, I de- amendment later this week. have a date certain for it to come, but mand a recorded vote, and pending Mr. GOSS. Mr. Chairman, I move any Member can request those two that, I make the point of order that a that the Committee do now rise. briefings and I think it is only fair to quorum is not present. The motion was agreed to. point that out. The CHAIRMAN. Pursuant to House Accordingly, the Committee rose; Mr. TRAFICANT. Mr. Chairman, will Resolution 506, further proceedings on and the Speaker pro tempore (Mr. the gentleman yield? the amendment offered by the gen- MCINNIS) having assumed the chair, Mr. DIXON. I yield to the gentleman tleman from Ohio (Mr. TRAFICANT) will Mr. THORNBERRY, Chairman of the from Ohio. be postponed. Committee of the Whole House on the May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3509 State of the Union, reported that that resented the standard of strength. tleman from Washington (Mr. Committee, having had under consider- Vicki did not inherit her strength. She NETHERCUTT) is recognized for 5 min- ation the bill (H.R. 4392) to authorize worked for it. And she built her foun- utes. appropriations for fiscal year 2001 for dation of strength with several dif- (Mr. NETHERCUTT addressed the intelligence and intelligence-related ferent pillars, and those pillars have House. His remarks will appear here- activities of the United States Govern- really on one end family, which she after in the Extensions of Remarks.) ment, the Community Management Ac- truly loved and devoted her life to, and f count, and the Central Intelligence on the other end friends. Those were The SPEAKER pro tempore. Under a Agency Retirement and Disability Sys- the two main pillars that held up that previous order of the House, the gen- structure of strength that Vicki Lee tem, and for other purposes, had come tleman from New Jersey (Mr. FRELING- Green demonstrated to all of us who to no resolution thereon. HUYSEN) is recognized for 5 minutes. f knew her. Between those two great pillars of (Mr. FRELINGHUYSEN addressed the House. His remarks will appear GENERAL LEAVE family and friends were several other hereafter in the Extensions of Re- Mr. GOSS. Mr. Speaker, I ask unani- smaller pillars, but nonetheless impor- tant for the maintenance of the struc- marks.) mous consent that all Members may ture, and they were, first of all, integ- f have 5 legislative days within which to rity. No one ever questioned Vicki The SPEAKER pro tempore. Under a revise and extend their remarks on the Lee’s integrity. I dealt with her on a previous order of the House, the gen- bill (H.R. 4392) to authorize appropria- number of business transactions, and I tleman from Missouri (Mr. HULSHOF) is tions for fiscal year 2001 for intel- have never known anyone in my profes- recognized for 5 minutes. ligence and intelligence-related activi- sional career, ever, not anyone, who (Mr. HULSHOF addressed the House. ties of the United States Government, questioned Vicki Lee Green’s word or His remarks will appear hereafter in the Community Management Account, her integrity. It was impeccable. the Extensions of Remarks.) and the Central Intelligence Agency Her character. She was an enjoyable f Retirement and Disability System, and person to be around. She was all busi- for other purposes, and that I may in- The SPEAKER pro tempore. Under a ness, make no mistake about that, but previous order of the House, the gen- clude tabular and other extraneous ma- she was just an enjoyable person to do tleman from Texas (Mr. PAUL) is recog- terial. business with. She was an enjoyable nized for 5 minutes. The SPEAKER pro tempore. Is there person to be a friend of, and she was an (Mr. PAUL addressed the House. His objection to the request of the gen- enjoyable person in the community. tleman from Florida? She was very bright, and that in remarks will appear hereafter in the There was no objection. itself is a pillar. In the kind of business Extensions of Remarks.) f f that she was in, real estate, she was very competitive but she was bright, PERMANENT NORMAL TRADE SPECIAL ORDERS and that is an asset. It is important for RELATIONS FOR CHINA The SPEAKER pro tempore. Under strength. The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- I can tell my colleagues that she was the Speaker’s announced policy of Jan- uary 6, 1999, and under a previous order very determined, one of the most deter- uary 6, 1999, the gentleman from Or- of the House, the following Members mined people I have ever known. And I egon (Mr. DEFAZIO) is recognized for 60 will be recognized for 5 minutes each. think that was most clearly dem- onstrated not only by the success of minutes as the designee of the minor- f Vicki’s business accomplishments but ity leader. The SPEAKER pro tempore. Under a by her very, very brave battle against Mr. DEFAZIO. Mr. Speaker, I rise previous order of the House, the gen- this terrible disease which unfairly this evening to speak on the proposed tleman from New York (Mr. HINCHEY) took my friend and the community’s legislation that will be before this is recognized for 5 minutes. friend, and a mother, and a sister, and House in 2 days on the so-called perma- (Mr. HINCHEY addressed the House. a wife at age 51. nent normal trade relations for China, His remarks will appear hereafter in Today, they had Vicki’s service in that is once and for all the United the Extensions of Remarks.) Glenwood Springs. I regret the fact States surrendering any right for the f that I could not attend, but my duties Congress to review the actions of the required that I be here with my col- Government of China in terms of its IN MEMORY OF VICKI LEE GREEN leagues. But I do want my colleagues compliance with past, existing agree- The SPEAKER pro tempore. Under a to know that a lot of times we can tell ments on trade, no matter how unfair; previous order of the House, the gen- by the outpouring of a community just any right to review their actions in the tleman from Colorado (Mr. MCINNIS) is how much they love somebody, and area of human rights; any right to re- recognized for 5 minutes. there is no question that today the out- view their actions in the area of nu- Mr. MCINNIS. Mr. Speaker, I rise pouring of that community for the clear proliferation in dealing with ter- today in great sadness. I lost a friend services of Vicki Lee Green was tre- rorist nations. In fact, we would be of mine but, more importantly than mendous, probably one of the largest writing a blank check for the govern- my loss, is the loss to the entire com- attended services in the history of that ment of China, a government which has munity of Glenwood Springs, Colorado, community. broken every past agreement with the one of their leading and most out- In so many ways Vicki Lee Green United States. standing citizens, Vicki Lee Green. was a beautiful, beautiful person; and I But let us go back a little further. I Vicki is survived by her husband Lee, can tell all of my colleagues that many quote. ‘‘If it seems increasingly likely a tremendous individual; by her daugh- of us in Colorado and many of her China embraces a trade regime that ter Tanya, of whom Vicki was always friends throughout the country, as well permits American firms to enjoy what so proud of, and especially proud of as her family, will miss her deeply. our Secretary of State terms a fair Tanya who is now following in her f field and no favor, how much does the mother’s business that Vicki set up; by The SPEAKER pro tempore. Under a United States stand to gain? According her brother Bill, who showed so much previous order of the House, the gen- to the editorial pages of our most re- compassion and care over the last sev- tleman from Texas (Mr. GONZALEZ) is spected newspapers, senior government eral years during Vicki’s battle with a recognized for 5 minutes. officials, captains of industry, and nu- terrible disease; and, of course, Bill’s (Mr. GONZALEZ addressed the merous other opinion makers, the an- wife, Jeannie, and numerous other rel- House. His remarks will appear here- swer to that question appears to be atives. after in the Extensions of Remarks.) much more than we can possibly imag- Mr. Chairman, I wanted to visit with f ine. The chairman of a prominent U.S.- my colleagues to tell them about this The SPEAKER pro tempore. Under a China business group, for example, con- wonderful, wonderful person who rep- previous order of the House, the gen- tends that an accord will incalculably H3510 CONGRESSIONAL RECORD — HOUSE May 22, 2000 strengthen and stimulate our trade door wide for import of meat. In fact, market economy, and they will not be- ties. A commercial roundtable claims this is only a theoretical market op- come; and they are not required to be- no other market in the world offers portunity. During diplomatic negotia- come a market economy under this such vast and varied opportunities for tions, it is imperative to use beautiful agreement. the further increase of American ex- words for this to lead to success, the Most economists say everything but ports. Echoing these appraisals, The same kind of success that the Chinese the military telecommunications, en- New York Times declares that it is not have had in the past, every time beau- ergy industries, along with some parts our present trade with all Chinese ex- tiful words, signing agreements, every of the transportation sector will be ports, but the right to all that trade time violating the agreements and a opened to private competition. State- with its future increase for which dramatic acceleration in the U.S. trade run monopolies and exports, imports America will become a source of great deficit. and manufacturing, for example, will profit.’’ Now, I have had the farmers from my be dismantled. That is the promise. Unfortunately, they were all wrong. State, I have had the cattlemen, I have The reality is, headline: ‘‘China Car The President was McKinley, the year had the wheat farmers, they say, Con- Makers Expect Continued Protection was 1899, and the policy was open door gressman, what an opportunity for us. After WTO Entry.’’ Beijing Dow Jones. toward China. The U.S. market is not so great. We ‘‘China Will Continue to Protect Its But let us move ahead to more recent need help. We need access to the Chi- Agricultural Industry After Its Ex- actions in the closed Chinese market. nese market. I said to them, What if pected Entry Into The World Trade Or- The Chinese are the most unfair trad- you thought that, in fact, the tables ganization.’’ And the list goes on. ing nation on earth. My colleagues do were going to be turned, if wheat pro- Telecommunications, automobiles, not have to take that from me. We can duced cheaply in China was going to be transportation. The Chinese have a go to one of the biggest cheerleaders imported into the United States? They huge labor surplus. They are not about for this accord, the President’s special said, Well, no one talked about that. to risk the stability of their country by trade representative, Charlene Well, they did not tell the tomato putting those people out of work by Barshefsky, whose annual report has growers in Florida about that when we more efficient manufacturers here in the United States. detailed that, in fact, the Chinese have entered into the NAFTA agreement, ei- This is not about exporting U.S. a plethora of nonmarket-based exclu- ther; and they have been wiped out by manufactured goods to China. It is ex- the cheap tomatoes from Mexico. And, sions to U.S. and other goods around actly about the same thing that hap- in fact, there is no huge opportunity to the world. pened in Mexico. It is about making it import meat into China, as we heard. The President proclaims they will safe for U.S. manufacturers to move These are beautiful words to get suc- lower their tariffs. Well, guess what, huge sums of capital and manufac- cess in negotiations according to the the tariffs are meaningless. That is not turing equipment in the past to Mexico chief Chinese negotiator. how the Chinese keep the goods out of and now to an even cheaper source of He went on to talk about wheat. their country. They keep them out labor. ‘‘Some people think there will be a with nontariff barriers. So they have Just think of it. They work for one- given away something that is meaning- massive amount of smut going into fifth of the dollar an hour that the less. They will no longer levy on tariffs China,’’ he is talking about something Mexicans get paid. There will be end- the goods they do not allow to be im- that grows on wheat, not pornography, less threats of moving the company to ported; and the U.S., of course, will ‘‘if we promise to import 7.3 million China if they do not get wage conces- lower all its barriers. tons of wheat annually from the United sions here at home. Now, we are a market-based econ- States. This is absolutely wrong. Com- This is not about the buying power of omy. Lowering our tariffs does mean mitment is just an opportunity for the Chinese people at 20 cents an hour. more Chinese goods will flow into the market accession in terms of theory. A person who works in the plant manu- United States. This is what has hap- We may or may not import such an facturing Nikes at 20 cents an hour, 61⁄2 pened under the past agreements with amount of wheat as 7.3 million tons.’’ days a week, 12 hours a day could, China. Perhaps I should turn it over. He went on elsewhere to talk about yeah, it is true, if they took 3 months’ This is the growth in our trade deficit, how, in fact, the Chinese have made wages and got an employee discount, the growth in red ink with China. It vast strides in producing and stock- they could buy a pair of Air Maxes. Not reached a record last year, and it is piling wheat and that they fully intend too likely, and not even Nike says projected that if the Chinese live up to to be major exporters of wheat and that. the current agreement, which is pend- other agricultural commodities. And In fact, many multinationals are not ing, that in fact this trend will accel- by the U.S. dropping all of its tariff mentioning selling. If you go visit their erate. And if they do not live up to it, barriers while the command and con- Web sites, it is very instructive. We it will grow even more quickly. The trol, centralized communist economy have all heard talk about this, from loss of jobs will be palpable here in the of China has given us meaningless con- their American-based factories to United States of America. cessions on trade, those goods will be China, which might benefit American flooding into the U.S., further hurting workers. Instead, they are carrying on b 2000 our farmers and further impacting about turning the People’s Republic If we use the U.S. International other sectors of our economy. into a low-wage production base. That Trade Commission’s own model, they What other sectors? Well, we have is what this is all about. say that our trade deficit with China been told this is a vast opportunity. Procter & Gamble, they want the low will continue to grow for the next half Remember, a hundred years ago we wages. Motorola, they want the low a century, reaching a peak of $649 bil- heard the same thing. We heard it a wages. Westinghouse, they are all say- lion in 2048, our trade deficit with mere less than a decade ago about Mex- ing, and they say this openly on their China would not fall below its current ico, how Americans were going to get Web sites, they plan to substitute Chi- level until 2060. Now, that is if they wealthy, they were going to get nese parts and materials steadily for live up to the agreement. Remember, wealthy by exporting goods to Mexico. American-made ones, the ones that they have broken every agreement. No one talked about the fact that the they still send to China to put into fin- Now, well, maybe this is different. total buying power of the nation of ished goods. Well, let us go to a good source, quotes Mexico was less than the State of New The predictable result is the loss of from the Chinese official who nego- Jersey. And in this case no one is talk- high-wage American manufacturing tiated these trade agreements. He is ing about the fact that China is less jobs. A trend that started with Mexico talking about a couple of specific important than Belgium to the United is going to dramatically accelerate things. He says, in fact, and he is talk- States in terms of exports. And the with China. ing about the import of meat and he Chinese have no intention of opening I see a couple of other Members have says, this is a change of wording. This that market because they are a com- joined me, and let me go to them in a has created a fuss in the United States. mand and control, communist, top- moment. But let me just go back to People think that China has opened its down dictated economy. They are not a can we trust the government of China. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3511 We have outstanding numerous trade The tragedy, of course, is because horrors that you could imagine exist. agreements with the Chinese, most im- these countries, China in this instance, Not unlike the maquiladora along the portantly the 1979 Bilateral Accord has such regressive, repressive laws U.S.-Mexican border where often signed by the government of China and about organizing politically, reli- women young women in their teens, in the Government of the United States: giously, trade union-wise, their work- their twenties work these long hours Where the contracting parties shall ac- ers cannot earn enough money to pur- for very, very little pay. cord each other most favored nation chase anything we might want to sell So when we are up here arguing, as treatment with respect to products them. Even if we could get it into their the gentleman from Oregon (Mr. originating in or destined for the other country, which we cannot get, anyway, DEFAZIO) has so eloquently done this country, any advantage, favor, privi- but assuming we could get it in, they evening, about standards, when we talk lege, or immunity they grant to like have not the wherewithal to purchase about working conditions, when we products originating from any other the products we want. talk about living up to their trade country or region in all matters re- The United States Business and In- agreements, which the Chinese have garding. dustry’s Council’s Globalization fact not done, when we talk about meshing It goes on and on and on. We have sheet, China Trade, came out in July of this together into a policy that makes this agreement. We do not need to give 1999, one of their fact sheets, and it sense for workers both here and in them these extraordinary new conces- states ‘‘What Will They Use for China, we are talking about really sions. We do not have to give them a Money?’’ where the future is in trade. permanent blank check. All we have to What they do is outline the cost of an The policies that we have now are do is demand that they live up to an automobile made in China. The price of the past masquerading as the future. agreement they signed 21 years ago, a Buick is about $40,000. The price of a They are the same trade policies we which they have not lived up to in 21 GM minivan planned to be made in have had for a hundred years in this years, and they have no intention of China is about $48,000. The price of a country. living up to in the future in addition to small Volkswagen planned to be made What has changed, of course, is the the newly phrased, nicely worded, in China is $12,000. The price of a Honda globalized nature of the world that we beautifully worded, as the Chinese ne- Accord planned to be made in China is live in today. Because everyone is more gotiator says, and successful negotia- $36,000. interconnected. We are interconnected tions they have just had with the The point here is the average Chinese by the work that we do. We are inter- United States, which is about to be or urban worker’s annual income is about connected by the air that we breathe they are going to attempt to jam down $600, and if you look at the Chinese and the water that we drink. the throats of this Congress and the manufacturing worker, they labor for American people. about 13 cents an hour; and, as a result, b 2015 Mr. Speaker, I yield to the gentleman one of the fastest growing export sec- from Michigan (Mr. BONIOR). tors to China is already parts for re- Some people say, well, why are you Mr. BONIOR. Mr. Speaker, I thank assembly and export back to the so opposed to this environmental my colleague for yielding. I want to United States. And this has grown at grounds. I do not get the Chinese envi- compliment him for his statements and 349 percent over the past 5 years, ex- ronmental piece, what is that all his explaining to the American people actly what they do in Mexico. about? Well, it clearly is this. China and to our colleagues here that what Our corporations will go to the work- has a policy, and they will tell you this we are talking about in this trade ers in this country and their represent- openly and they will be very clear to agreement with China is quite similar ative unions and they will say to them, you that you cannot have to what we had as a result of the North listen, if you do not take a cut in sal- environmentalism and economic American Free Trade Agreement, that ary, if you do not take a freeze in bene- growth at the same time. That is what is, creating another export platform for fits, we are out of here, we are leaving, the Chinese Government maintains. So products. we are going to Mexico, or we are as a result, five of the 10 most polluted Businesses in this country move to going, in this case, to China. And they cities in the world are in China. low-wage, often authoritarian govern- go and they hire people, as they have The air and the water in China is ter- ments, countries, establish their busi- in many of the sweatshops in China, to rible, 2 million die each year of air-re- ness there and they do not have to deal put together handbags and clothing lated or water-related illnesses in with the question of paying decent and shoes, athletic shoes, for anywhere China. The rivers in China, 80 percent wages or decent benefits, where there between 3 cents an hour and 30 cents an of them, do not have fish in them be- is no rule of law that allows people in hour. cause of the toxics and the pollutants those countries to form independent And the people that put those things that are dumped in them. And, of labor organizations, where there is of- together, they work long hours, often- course, the ozone layer is being eaten tentimes no chance to even provide a times 30 out of 31 days a month, 12 away. political voice in opposition. hours a day, and they are working for China produces more fluorocarbons So that is kind of the strategy here literally pennies. So much so that the than any other place on the face of the for many of the multinationals that women who make shoes in some of Earth. Now, why this is important to are locating in Asia and oftentimes in these factories live in dormitories, the us or to China’s neighbors is because other underdeveloped or developing size of which in a 1020 room there are that water flows not only in China. It world countries. And I think you can nine or 12 women with bunk beds living flows into other bodies of water that tell from the chart that the gentleman in these cramped quarters. border on other nations, the air, the has how clearly this policy that we And so after they get done working ozone layer. The problem that causes is have had for the last decade, well, ac- these incredibly horrendous hours, 12 a result of the fluorocarbon production tually it is more than the last decade, hours a day almost every day of the that affects all of us on the face of the the chart indicates right there from month, they do not make enough at Earth. 1983 to 1999 we have granted China all the end of the month to buy even one The air that they pollute moves these trade concessions. of the athletic shoes that they are about the universe, so we are all inter- All those arrows that are pointing at making; and oftentimes what they related; and that is why people who the red part of that graph are trade make is taken from them to pay for have a voice, need a voice, and want a agreements we have reached with their food and their dormitory use, voice at the table, whether it is the China. By the way, none of which were which are really tragic. WTO or these trade agreements we do ever complied with. The result of that In fact, I think we have a shot of one bilaterally or the IMF or the World is the red that you see on that chart. that if the camera could put that up on Bank, we need to have people in the And the red, of course, is the growing the easel. This is the iron bars covering discussions at the table making poli- deficit from $6 billion in trade deficit the dormitories where these women cies that represent these views on the back in 1983 to now approaching $70 bil- work. Not unusual. They work without environment, on labor standards, and lion annually. gloves. They use toxic glues and all the on human rights. H3512 CONGRESSIONAL RECORD — HOUSE May 22, 2000 There is kind of a mindset in this de- And that is what changes people. lowed that agreement, and the WTO bate that I would like to kind of chal- Free market by itself, we had the free would allow under their rules China to lenge, if I could for a second; and I en- market in Chile during Pinochet’s accede, if the U.S. supported them, and courage my colleagues to join me in time. We had the free market in Indo- continue to annually review their per- this part of the debate, because it is a nesia during Suharto’s time. If the gov- formance on a number of issues. To really critical piece to how we confront ernment is there repressing the people, give that up, which we are doing here this issue. the things that my friends, the pro- for all time, I mean, we are giving The proponents of this Chinese deal ponents of this trade agreement, want, them everything they could have ever will argue to you, and they will argue will not happen. It is only through the wanted, they could have ever dreamed vociferously, and I believe many of people’s courage and determination of. They violated all past agreements, them believe this, they will say if we and fight that you could bring change. but the beautiful words are that they invest, engage with China, and I want We need to stand on the side of those will do better in the future as their ne- to invest and I want to engage, but I people who are trying to do that, the gotiators said. want to do so under conditions, 15 per- tens of thousands who have been I think it should be performance cent of the American people in the locked up in prison, the other dis- based. The European Union set an ex- Business Week poll said the best way sidents who are still there on the ample when Greece and Portugal want- to improve human rights and worker street, some who are in exile. The ed to accede to the European Union. rights in China is not to restrict trade, human rights advocates for China They did not say, oh, sure come on but to engage China and include it in today, Harry Wu, Wei Jingsheng and right in and please, you know, we have the World Trade Organization and give many others like them, say do not do some concerns, but if you will promise it permanent access to the U.S. mar- this trade deal, because the Chinese to fix those things, we will let you in ket. Seventy-nine percent said, Con- Government has not agreed to open up right now full membership. They said, gress should only give China perma- their labor rights and environmental no, we want you to deal with labor con- nent access to the U.S. market when it and other issues to the general public. ditions, environmental problems and agrees to meet human rights and labor Mr. DEFAZIO. Mr. Speaker, will the other concerns, low wages in your standards. gentleman yield? country, because we are worried about The American people believe, by a Mr. BONIOR. I yield to the gen- a flood of our manufacturers into your large margin, that we should engage tleman from Oregon. countries. And, in fact, they condi- them, but only when they agree to Mr. DEFAZIO. Mr. Speaker, I think tioned their accession, and they said meet human rights and labor stand- that is an extraordinarily important we are going to set benchmarks. You ards. So their argument on the other point, because I remember sitting in meet the benchmarks; we will bring side goes something like that that if your office with Wei Jingsheng and he you along. You meet another bench- we engage in trade, it will open up said, when I was locked up in prison in mark; we will bring you along. And their economy, people will be on the China with no communication with the when you finally reach the goal, we Internet, they will be talking to each outside world, he said, I could assess will give you full rights. Why could we other, da da, da, da, and democracy the state of affairs between the United not do that with China? Will the gen- will flourish. States of America and the dictators in tleman tell me? Mr. Speaker, of course, we have had China. He said, At times I was treated Mr. BONIOR. Of course, we could do now over 10 years of that, and the re- much better in prison, and at other that with China. We could do that with pression in China has only gotten times I was treated much worse. Mexico. We could do that with other worse. You can use these technologies And, of course, my immediate as- Latin American countries, and we do in an Orwellian way to stifle peoples’ sumption was, well, I guess when we not. We gave that away under the rights to speak, to restrict their abili- made concessions to the Chinese they North America Free Trade Agreement, ties to communicate or to organize. treated him better. He said no. He said, that was the time to set the pattern. Technology can be used both ways, in fact, when the United States was We set this terrible pattern of no re- and if you have a government that confronting the dictators in China, sponsibility; and as a result of no re- forces the negative as opposed to ac- when the United States was taking a sponsibility, we got no accountability. centuating the positive, it sounds like stand for the few months that Presi- And we have walked this path of no a song, then you have a very bad situa- dent Clinton said that we were going to return it seems, unless people decide to tion; and that is what we have in link human rights and labor rights to stand up and say, no, we are not going China. Religiously, if you challenge the our trade concessions to China, he was on this path. We want to make people government, whether you are a Bud- treated better, as were other prisoners. responsible so that standards rise; they dhist or a Catholic or a Muslim, or But as soon as the U.S. caves in, every do not fall for working people in the what have you, you will end up in jail time the U.S. caves in, the oppression country. where tens of thousands of religious ac- washes this back. And the other side, and I will just tivists, political activists and labor ac- Mr. BONIOR. This is permanent what conclude with this, and I know the gen- tivists now reside. we are talking about. This is perma- tlewoman from California (Ms. PELOSI) I say to that argument that by trad- nent caving in. This is like we do not is here and the gentleman from New ing, you can only open up the govern- get to have this debate any more, the Jersey (Mr. PASCRELL) is here, the real ment, not through just the free mar- annual debate. Even though we debate champions on this issue, the other side ket. The free market by itself did not this every year, we raise the conscious- will also argue, they will say, well, you open up anything. It did not open up ness of the country and the Chinese know, I saw the President on TV just a our country. What opened up our coun- people and the world community who while ago. He was being interviewed by try was people banning together demo- care about human rights, even though Tom Brokaw on NBC; he was saying cratically to form political organiza- we are unwilling as a country to enact this is a win for us, because we get all tions, labor organizations, religious or- the laws that we need to really send a this access to the Chinese market, all ganizations, human rights organiza- message to the Chinese. At least we our stuff is going to be able to come in, tions that then came together and have debate. Now, they even want to because their tariffs are going to come changed the laws of our country so take the debate away from us, and that down. But what he fails to tells you is more people could vote and participate. is how convoluted and how twisted this that they do not have any compliance They were empowered politically, so has all become. or enforcement, and they do not let our that more people could have a right to Mr. DEFAZIO. If I could reclaim my stuff in, even though they say they can organize in a union and collectively time, there are some who claim, well, come in. bargain; and they were empowered eco- in fact, we have to do this so they can Let me give you a couple of quick ex- nomically, so people could come to- accede to the WTO. In fact, that is pat- amples. In the area of wheat, China gether and form religions and express ently false. The 1979 agreement guaran- will establish large and increasing tar- themselves through their faith in a re- tees the U.S. and China reciprocity in iff rate quotas for wheat with a sub- ligious way. trade. Of course, they have not fol- stantial share reserved for private May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3513 trade. This is the USTR agreement has come to us and said U.S. ships can- moted this and talked about the huge with China. After that was agreed to, not access Chinese ports. It is not tar- market and the jobs said, ‘‘How could Mr. Long also said that although Bei- iffs. It is not phytosanitary barriers. It we have predicted this?’’ I remember jing had agreed to allow 7.3 million is not environmental concerns. They that the gentleman from Michigan pre- tons of wheat from the United States have a constantly set of mutating un- dicted it. I predicted it. I only have a to be exported to the mainland each written rules for port access. bachelor’s degree in economics. What year, it is a ‘‘complete misunder- We have ships dispatched from the is wrong with these people? The same standing’’ to expect this grain to enter United States, the few that carry goods thing could happen with the RMB, so the country. In its agreements with the back that way, because most all of the 20 cents an hour buying power, U.S., Beijing only conceded a theo- their deadheading back just to bring which is going to be an incredible boon retical opportunity for the export of Chinese goods here, when they get to a for American industry, is going to drop grain. Chinese port, they are told, we are to 10 cents an hour wages. That is not Let me move to another commodity: sorry, you must leave, and they say, going to buy a heck of a lot from here. meat. China has also agreed to the why, and they say, well, the rules have Mr. Speaker, I yield to the gentleman elimination of sanitary, phytosanitary changed since you left the United from New Jersey (Mr. PASCRELL), who barriers that are not based on sci- States. And they said, could we see the has been very patient. entific evidence, USTR, in other words, rules, and they said, well, we are we Mr. PASCRELL. I would like to start breaking down this barrier of allowing sorry, the rules are not written, but we by thanking my colleague, the gen- our meat into their country. Here is can assure that those rules do not lie. tleman from Oregon (Mr. DEFAZIO) for what the Chinese said right after that None of that will change under this his leadership in this area. was agreed to: ‘‘Diplomatic negotia- agreement. Frankly, I have seen enough ads and watched enough of them, so I do not tions involve finding new expressions. b 2030 If you find a new expression, this need any retort or debate at this point. means you have achieved a diplomatic The tariff barriers are meaningless, Our argument is not with the Chinese result. In terms of meat imports, we meaningless, in a command and control people, and we need to be very clear have not actually made any material Communist Chinese top down state- about this, but I had a horrible dream concessions,’’ China trade envoy Long dominated economy. the other evening. I dreamt after Yongtu, China’s chief WTO negotiator. Mr. BONIOR. The gentleman forgot standing with those dissidents in front I could just go on and on and on: tele- one other adjective, corrupt. The Chi- of the Capitol, I dreamt that there was communications, insurance. Insurance nese government is a corrupt govern- an uprising in China against the au- industry is running all of these ads on ment. It functions based upon, to a thoritarian dictatorship, and that we the radio; you hear them everywhere large extent, on bribery. It is a very in America sided with a government you go. You turn on your radio, they corrupt government. which we have helped prop up. That is are spending all of these hundreds of Now, I have been through this before. a nightmare. millions of dollars in this campaign to In fact, the gentleman from California Have we lost our moral compass alto- convince the American people that we (Mr. DREIER), who has just risen, and I gether? The New York Times can try will be able to sell the Chinese insur- were debating this issue a little bit. to anesthetize this all it wants in its ance products. Agreements: ‘‘China And I remember him getting up and ar- editorials and its big ads, but it does agrees to award licenses to U.S. insur- guing that the Salinas government in not change. ance firms solely on the basis of pru- Mexico was such an outstanding gov- This vote is not a referendum on one dential criteria, with no economic ernment and Salinas was such an out- billion people who are forced to live needs tests or quantitative limits.’’ standing individual, and things would under communist tyranny; this vote is It sounds pretty good, pretty strong, change, things would get better in about America’s relationship with the USTR negotiated in November. Ma Mexico as a result of this. Chinese government. Yongwei, chairman of China’s Insur- Well, of course, Salinas now is in We have lost our moral compass to ance Regulatory Communication, top exile, having been scorned by his own listen to the administration and to person, she says, that ‘‘even after Chi- countrymen for the corruption of him leadership in this House about where na’s accession to the WTO, Beijing re- and his family. And, as a result, what we are to go on this vote. There is a served the right to block licenses for we find in Mexico are people whose reason that the proponents of this foreign insurance companies if their standard of living has dropped appre- flawed deal have been touting the na- approval seemed to threaten stability ciably, and it was not just because of tional security and theoretical reform of economic policy.’’ the devaluation of the peso, by the benefits they see in this package. They Now, come on, you do not have to be way, which could very easily happen to know that the argument that this bill a rocket scientist to figure this stuff the currency in China if this goes is good for our working families is out. I mean, this is the same game they through. Do not be surprised if the plain wrong. played since 1983, which has allowed same thing happens in China, because As China seeks entry into the World our deficit to mushroom and go out of it probably will. Trade Organization and as our trade control, and here we are with these But the people in Mexico, in deficit with China soars to record basic commodities, meat, wheat, insur- Maquiladora, in real wages are earning heights, our manufacturing jobs are ance, telecommunications, and they anywhere from 20 to 30 percent less being sucked from our shores, away are playing the same game. than they were prior to NAFTA. Of from our workers. Those jobs are going And I say to my friends in the agri- course, we have lost many of our jobs to places like China, where there is cultural sector especially who are, you there as well. very little regard for working people, know, trying to persuade us, China is Mr. DREIER. Mr. Speaker, will the very little regard for their safety, very awash in food today. They are not gentleman yield, in light of the fact little regard for the environmental going to be importing all of this food. that the gentleman mentioned my conditions within which people work, Mr. DEFAZIO. If I could reclaim my name? very little regard for health standards. time, just to finish the statement by Mr. DEFAZIO. Mr. Speaker, I have When dealing with issues such as the chief negotiator, and I thought this other Members to recognize first. this, I find it is best to step back and was very telling, too, he said during The SPEAKER pro tempore (Mr. look at exactly what we are doing. diplomatic negotiations, it is impera- COOK). The gentleman from Oregon What does this vote mean? Granting tive to use beautiful words, for this (Mr. DEFAZIO) controls the time. PNTR to China would strip America’s will lead to success. That is success in Mr. DEFAZIO. Mr. Speaker, if I could ability to keep check on the com- negotiations, not success in U.S. ac- add, just to go back to the argument munist regime in China. Granting cess. that the gentleman made, after the PNTR to China says that China has I sit as the ranking member on the NAFTA agreement, after they de- gained our trust and approval, and I Coast Guard and Maritime Affairs sub- valued, after the people of Mexico were would be saying I believe this trade committee, our maritime commission impoverished, the economists who pro- deal is the best thing for working folks H3514 CONGRESSIONAL RECORD — HOUSE May 22, 2000 in my district, in your district, the They will go there, these corpora- Mr. Speaker, I yield to the gentle- gentleman from Oregon, in your dis- tions, and pay, as the gentleman from woman from California (Ms. PELOSI). trict, the gentlewoman from Cali- Michigan pointed out, they will pay 33, b 2045 fornia. 13, even 3 cents an hour in sweatshops. I will not do that, because this is a We are condoning this by our actions. Ms. PELOSI. Mr. Speaker, I thank bad deal. The numbers do not lie. In We are propping up a dictatorship that the gentleman for yielding and for call- New Jersey, we will lose 23,000 jobs. In has sold to countries military secrets, ing this Special Order, and I would like the United States as a whole, we will missile secrets, missiles aimed at us. to associate myself with his remarks suffer a net job loss of 872,000 jobs over The report is clear. We have all been that we should have an exchange. I the same 10 years. We are not creating briefed, and when we have been briefed think the American people would ben- jobs in America, we are creating jobs in that means it is in The New York efit from that. I have no fear that in China. And why are we creating jobs in Times. Nothing special ever goes to a the discussion our point of view that China? Proponents like to talk about Congressman. It is there. It is part of Permanent Normal Trade Relations for job creation, although lately they have the record, and there is no two ways China are not appropriate at this time. quieted that message, but they do not about it. Mr. Speaker, I come to this group, like publicizing the job loss on our So I say to Ms. Tyson, come to Pat- and I commend my colleagues for the side. terson, come to Pittsburgh, come to depth of their knowledge and commit- The real job creation is in China, Toledo and tell the folks who work ment on this issue, but I come as one where United States businesses will hard to make ends meet in America, to who supported NAFTA, who has sup- flock with their factories. Do you re- bring food home to their families, tell ported almost every trade agreement member the words, in May of 1999, by them they will be better off when their that I have had to vote on. Having said the former Chief Economic Adviser to jobs shut down. that, I say that some of the Members of President Clinton, when she wrote in Today we had a press conference. Lit- Congress who did support NAFTA, who Business Week Magazine the following. tle did I know that one of the factories now do not support this, do so for a Think of American workers reading right in back of where I had the press very good reason. This is not right, it this, hearing this, whether they are in conference is shutting down, 110 more is not ready, it is not fully negotiated. machine shops, whether they are in the jobs. While we do little patterning What is the rush? textile industries, whether they are here, the manufacturing is moving off- Let me just say this. As my col- making shows, whether they are farm- shore. We have lost our moral compass. leagues know, over time, there have ers. Think of them hearing these words This is not normal trade relations by been three areas of concern in this Con- that she wrote: ‘‘The only big change any stretch of the imagination. Our gress about U.S.-China relations; and to American markets with China trade trade deficit with China grows from $7 over the past decade, the situation has would be in the textile industry, which billion 10 years ago to $70 billion; and if not improved. Those areas include pro- is currently protected by quotas slated NAFTA is any model, and the adminis- liferation of weapons of mass destruc- for elimination under the WTO rules. tration will tell you there is a big dif- tion; indeed, three pillars of our foreign China is among the world’s lowest-cost ference, and while I hope there is a big policy are to stop the proliferation of producers of textiles, and one of the difference, everything you told us weapons of mass destruction, to pro- great benefits of WTO membership about NAFTA did not come true. mote democratic values, and to grow would be the elimination of U.S. It had better be different. What is the our economy by promoting exports. In quotas.’’ all three of those areas, this proposal For an addendum, ‘‘lowest cost pro- difference, if you export the jobs to falls very, very short. ducers.’’ There is the rub, because we Mexico or if you export the jobs to In terms of proliferation of weapons could talk about every one of those in- China? We say ‘‘give us your tired, of mass destruction, despite adminis- dustries that I have just mentioned. your weary.’’ We say ‘‘come to Amer- tration statements to the contrary, What we are going to see is corporate ica’’ to immigrants. We say ‘‘our doors China still continues to proliferate America, part of corporate America, are open.’’ Then the very jobs that im- weapons, biological, chemical and nu- move offshore more jobs into China. migrant is working in are the very jobs clear weapons technology and their de- Why? Let us listen to what Ms. Tyson that we are shipping to the very places said: ‘‘Because China is among the they came from. The irony of it all. livery systems, the missiles to deliver world’s lowest cost producers of tex- We do not need permanent trade rela- them, to rogue states like Pakistan, tiles.’’ tionships with China right now. It is Iran, and now Libya. Libya, I might Yet, and here is the second rub, when bogus. What we need to do is make a add, and this is recent, it is current, it my wife goes into a department store commitment to the Chinese people is this spring, it is as we speak, the to buy a Liz Claiborne dress, she is that we will never surrender our moral Chinese are improving the technology paying exactly the same amount of compass, and that the only thing we for Libya’s missile capability. In a Feb- money most of the time as if that dress want to be permanent is their commit- ruary speech, Secretary of Defense Wil- was made in the United States; and we ment to freedom. When the Chinese liam Cohen explained the danger that know it is made for from $7 to $15 in government begins to change, not just Libya poses. Libya has chemical capa- China, Korea, Honduras, in Mexico, you by innuendo, but by reality, then, then bilities and is trying to buy long-range name it. Well, where did this money we can talk about PNTR for this great missiles. Rogue states like Libya, Iraq go? Whose pockets are enhanced? democracy of the United States. and Iran are not trying to build the How can we stand before the Amer- Mr. DEFAZIO. Mr. Speaker, the gen- missiles for regional conflict, they ican people and argue moral principles tleman has been most eloquent. I want long-range missiles to coerce and are involved here and that is why we would note that the gentleman from threaten us. should vote for WTO, that is why we California came on the floor during the So while China is engaged in this should vote for permanent recognition debate and asked for time, and I would dangerous proliferation to Libya, who of trade with China? What a sad day. It hope that we could arrange actually a has been established as a threat pub- is pathetic, and I do not care whether time where Members could share an licly by Secretary Cohen, we are not it is coming from that side of the aisle hour, equally, half an hour or so on ei- overlooking that proliferation; we, this or in my own party. It is not accept- ther side, to debate, and would hope administration, is certifying that it is able. I have not lost my moral com- that can be arranged. I had a number of not happening. This country is in such pass, and I will tell that to the Presi- Members previously waiting on the denial about China’s proliferation ac- dent, I will tell that to the folks on the floor, so I was unable to yield to him. tivities that it is appalling, and it is other side who are in the leadership. Tomorrow night I would hope that per- not in our national security interest You know the movie, you know the haps we might do that, or even some for us to proceed in this fashion. movie, it was a very nice movie, it was other special procedure. Since the gen- Then we come to the issue of human a very interesting movie, Sleeping tleman is Chair of the Committee on rights. The administration has told us With the Enemy. It was a great movie. Rules, he could make some time avail- over time that if we engage with China I guess we missed the point. able for us to do that. in the manner they propose, and by the May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3515 way, I certainly believe that we should for cheap labor to export back to the and I have to leave, but he wants to engage with China in a sustainable U.S. But let us say, let us say it is yield time to someone to debate. way, but if we kowtow to the whim of about what they say it is about, that Mr. DREIER. Mr. Speaker, I said I the regime at every turn, that human we really are going to have this good will yield to the gentleman from Or- rights will improve. Well, right now, deal and it is going to create jobs, if egon (Mr. DEFAZIO). today, there are more people in prison the Chinese government complies with Mr. DEFAZIO. Mr. Speaker, I for their religious and political beliefs the terms of the agreement, which as thought the gentleman from California than at any time since the cultural our distinguished whip earlier spelled might yield to the gentleman from revolution. The State Department’s out, their reinterpretation already at Ohio. own Country Report documents that the 1999 China-U.S. trade agreement, Mr. Speaker, I yield to the gentleman and the Congressional Commission on not to mention the fact that they have from Ohio. Religious Freedom also says that never honored any trade agreement all Mr. KUCINICH. Mr. Speaker, may I China should not get PNTR until there along the way. inquire as to how much time there is? is improvement there. Workers’ rights and what workers The SPEAKER pro tempore (Mr. But that is about human rights and make. Today, there was a press con- COOK). The gentleman from Oregon has that is about proliferation, and others ference our colleagues had and a work- 1 minute remaining. say to us, well, for those reasons you er had just come from China. He Mr. KUCINICH. Mr. Speaker, this is want to sacrifice U.S. jobs, the oppor- worked in a group that made $40 a day. the beginning of a lively debate that tunity for U.S. jobs; and that, I say to Divide that up among 24 workers for will take place over the next few days. my colleagues, is the grand hoax. The this particular product. I know the The administration is attempting to very idea that proponents of PNTR product, but it is up to him to say, that inject this idea of this being a national would say that for promoting human worker to divulge that. Mr. Speaker, security vote. Well, look at the kinds rights and stopping proliferation, we $40 a day divided up among 24 workers of high technology which we are buy- would sacrifice U.S. jobs is ridiculous. for a full day’s work. So workers’ ing now from China as a result of a $70 In fact, as my colleague pointed out, rights, well, they are a competitiveness billion trade deficit where we have for- in the past 10 years, the trade deficit issue, and although it is a human right gotten the commitment that we should with China has gone from $7 billion to as well, it is about jobs. have to this country’s security first. $70 billion, and it will be over $80 bil- The environment is a competitive- We are buying now from China, not lion for the year 2000. Our colleagues ness issue as well. I was pleased to join shipping there. We are buying turbojet who promote this say that for every $1 our colleagues in sending a letter all aircraft engines, turbo propeller air- billion of exports produces 20,000 jobs around talking about the disappoint- craft engines, radar designed for boat in the U.S. Well, by their standard, the ment we had that this bilateral agree- and ship installation, reception appa- $70 billion, just taking this year’s fig- ment, the U.S.-China bilateral agree- ratus for radio, prison binoculars which ure, would cost us 1,400,000 jobs to ment negotiated by the Clinton admin- are military issue, rifles that eject China with a $70 billion trade deficit. istration did not prioritize transfer and missiles by release of air and gas, parts Now, they say, oh it does not work in export of clean energy technology to for military airplanes and helicopters, reverse, it just works this way. Well, China. It could have, but it did not. parascopes designed to form parts of tell that to people who are losing their Also, it did not obtain a commitment machines, turbojet aircraft engines, jobs. from China that it would not use the transmitters, bombs, grenades, tor- Now, again, I come to this floor as a World Trade Organization to challenge pedoes, and similar munitions of war. free and fair trader, and I come from a invasive species controls under the They are making this now and selling city built on trade and many people CITES, and that any trade investment it back to us. What is happening with there are not in support of my position. agreement with China should place this country? We are forgetting about But I will tell my colleagues this: they basic environmental obligations on our own strategic industrial base. can advocate all they want. We have U.S. corporations so that they do not f the facts here, and we have a responsi- escape the regulations that are in the ONE-MAN TRUTH SQUAD bility to the public interest, and we U.S. That is a competitiveness issue. must talk about the jobs issue. So here we have a situation where we The SPEAKER pro tempore. Under People talk, and my colleague from are helping to despoil the environment the Speaker’s announced policy of Jan- New Jersey has mentioned the textile of China, where we are helping to abuse uary 6, 1999, the gentleman from Cali- issue. We have already said, textiles the workers’ rights and, by the way, fornia (Mr. DREIER) is recognized for 60 are low tech, they will go offshore; but the workers in China whom I have met minutes as the designee of the major- that is not all that is going offshore. with have said, you are throwing us ity leader. Many of these circuit boards, there is into the sea when you go down this Mr. DREIER. Mr. Speaker, I have so much that is being done offshore in path. Do not salve your own conscience taken out this Special Order to lead at the high-tech industry. Let us take an by having some code of conduct or this point what will be a one-man truth example: aerospace. Boeing, Boeing, some other camouflage, because only squad to try and respond to some of the Boeing sets our China policy, we know we can speak for ourselves; and until things that have been said over the that. But in aerospace, do my col- we, the workers of China, can speak for past hour about this issue. During that leagues know that there is a province ourselves and can organize, only then time, I am happy to yield to my friend in China called Tian Province. You can you talk about trade with China from Oregon who refused to, I guess probably know it from the clay soldiers lifting up workers in China. like the Chinese leadership, refused to that are there, but there are also there So here we have this situation where yield to me when I was simply going to 20,000 workers who make $60 a month we do not even know if the Chinese will ask a question in response to the fact making parts of the Boeing airplanes, agree to it; it is not completely nego- that the gentleman from Michigan re- 20,000 workers. There is a book called tiated. The trade representative has ferred to me. Job on the Wing, and it describes this said the mechanism for compliance has So let me just take a few minutes to transfer of technology and production not been negotiated yet, and for this respond to a couple of those points that of jobs in the aerospace industry, we are squandering our values and our were made that come to mind and then which is one of the leading advocates national security and 1,400,000 U.S. talk about this general issue, and then for the PNTR. No wonder. Philip jobs. I should inform my friends that I would Condit, the head of Boeing, said when a Mr. DEFAZIO. Mr. Speaker, the gen- love to do this over the hour, but be- plane flies to China, it is as if it is tleman from Ohio has been very pa- cause of the fact that my colleagues going home, so much of it has been tient. There is only a couple of minutes would not yield to me and because of made there. left, but I understand that the gen- time constraints, I have to be upstairs So do not talk to us about this being tleman from California (Mr. DREIER) for another commitment in about 12 about U.S. jobs. It is largely about U.S. would like to yield to him during the minutes. There are two television pro- investment in China; it is on platforms next hour. I have another commitment, grams. I am going to be debating, in H3516 CONGRESSIONAL RECORD — HOUSE May 22, 2000 fact, the minority whip on one of the strength throughout the world and to block the free flow of goods, serv- television programs where he and I will even for the impoverished hundreds of ices, ideas, or businesses, but I do discuss this, but it was a previous com- millions in China. think that anything we can do to pro- mitment that my office made for me. Now the minority whip talked earlier vide an incentive for a level playing So I hope my friends will understand. about some quotes that came from Chi- field, whereby these companies can But I will try within the 12-minute pe- nese leaders stating that if in the area stay in the United States and still sell riod that I have to, unlike my friends of insurance, for example, they do not their products there, is the right thing from the other side of the aisle, yield like a decision that is made, they will for us to do. to them for a question or a comment, ignore it. They talked about the area Mr. Speaker, I would be happy to and I will do it just as generously as I of agriculture and some leader in China yield if there is a question or two to possibly can. It will certainly be more saying if they do not like exactly what my friend from Oregon (Mr. DEFAZIO), generous than my democratic col- is taking place in some deal that is put if he would like to pose a question to leagues did. together, that they will just null and me. Let me say this: this vote that we are void it. That is the whole point of what Mr. DEFAZIO. Mr. Speaker, I thank going to be casting the day after to- it is we are trying to do here, Mr. the gentleman for yielding. That is morrow is the single most important Speaker. generous of him, and I regret again vote that we will cast, clearly, in this We are trying to put into place a that earlier, because of the number of Members I had here, I could not yield session of the Congress. I believe that structure whereby the People’s Repub- lic of China, a country that, yes, has to him. as we look at this question, it really The gentleman seems to be mixing violated agreements in the past, a transcends simply the issue of job cre- the issue of the WTO and rules and en- country that has not been forthright, a ation and economic growth. It has to forceability with the permanent nor- country that has been very repressive, do with whether the United States of mal trade relations accession by the they will, under this agreement, be America is going to maintain its role United States. There is nothing in the forced to live with a rules-based trad- as the paramount global leader. WTO that says that permanent normal ing system; and, as I said, for the first Why is that so important? It is very trade relations status must be granted time they will be forced to open up important because this building in before a country can accede. We can their markets. which we are all seated or standing, recommend and vote for their acces- What happens if they decide to happens to be the symbol throughout sion without giving up our right to an- thumb their nose at an agreement that the world for freedom, and one of the nually review the actions of the Chi- is made? We have for the first time, most important freedoms that exists nese Government in a host of areas, in- Mr. Speaker, an opportunity with 134 happens to be economic freedom. cluding conformance with trade agree- other nations, this international orga- Now, my colleagues were talking ments, which the gentleman admits nization known as the WTO, and I about the fact that over the past 2 dec- they have violated in the past. ades, we have seen the United States know many people like to criticize it, Mr. DREIER. If I can reclaim my grant Most Favored Nation status to but do they know what the goal of the time, I will explain this. Let me ex- the People’s Republic of China, and WTO going right back to when it was plain the situation as it exists. Last look how bad the situation is. Well, Mr. the general agreement on tariffs and Friday, we saw an agreement that was Speaker, they are not going to get an trade in 1947, established following the struck between the European Union argument from me about many of the Second World War, do they know what and the People’s Republic of China. problems that exist in China today. I the goal of it was? To cut taxes; to cut That agreement will basically seal the am the first to admit that we have taxes. That is the raison d’etre for deal whereby, as I said, the other 134 very serious human rights problems. In what was the GATT and now the WTO, nations that are members of the WTO fact, I will take a back seat to no one because, Mr. Speaker, a tariff is a tax. will be able to have access to the Chi- in this Congress or anywhere in dem- A tax, unfortunately, creates a situa- nese consumer market, and it is abso- onstrating concern about human tion whereby we do not allow for the lutely essential that the United States rights. I have adopted Refuseniks, I free flow of goods and services. of America, if we as a nation are going brought wounded Mujahadine in from Let us talk about the issue of auto- to have that same access to the Chi- Afghanistan during that war, I have mobiles, and I will say that on the nese market, that we grant permanent worked for human rights, I marched to issue of automobiles we have a situa- normal trade relations. the Chinese embassy the week after the tion where we export about 600 cars a Why? Because under the Jackson- Tiananmen Square massacre in June of year into China. That tariff is 45 per- Vanik provision that exists, the con- 1989. cent. It drops under this agreement. I stant review would, in fact, prevent us So anyone who tries to claim that cannot say that every one of the 1.3 bil- from having the consistent access that those of us who believe passionately in lion Chinese will be able to buy a sport all the other countries have into the economic freedom and want to expand utility vehicle at $50,000, but I will say Chinese market. It seems to me that as that throughout China are somehow this, that there will be an opportunity we look at that, it is very important placing American business interests to sell more U.S.-manufactured auto- for us, as the world’s paramount lead- above the interests of our very precious mobiles in China. er, to be not behind the 8-ball but, in American values are wrong. They are I will say another thing. They keep fact, we are the ones who should be wrong in making that claim. They fail saying on the other side of the aisle providing the leadership, and that is to realize the interdependence of polit- that we are trying to do everything exactly what we have done to date. We ical and economic freedom, and they that we possibly can to make sure that have been encouraging the other mem- fail to recognize that while over the companies have a chance to move to ber nations of the WTO to proceed with last couple of decades we have dealt China, set up operations there. Well, their negotiations with the People’s with a situation which has provided Mr. Speaker, they can do that today. Republic of China. China one-way access to the U.S. con- Guess what? They have to do it today We had, actually, what I thought was sumer market, this is a vote that is un- because of domestic content require- a very good arrangement a year ago like any in the past. This vote does, in ments that exist in China. But under this past April; and unfortunately it fact, pry open that market with 1.3 bil- this agreement, those domestic content was not accepted. But negotiations lion consumers, nearly five times the requirements are thrown out. So the continued and our great U.S. Trade population of the United States. Do incentive that many companies have to Representative, Ms. Barshefsky was they have a standard of living or a open up their plants in China today able to put together a very good deal wage rate that is anything like that of will not be as great. last November when she sealed that the United States? Absolutely not. I do not want to stop any company package, and the contingency is that from making a business decision if b we must grant permanent normal trade 2100 they want to move to China. I do not relations to make that happen. Mr. Speaker, I want them to. I want think it is my responsibility. I do not Now I believe that we should con- them to. I aspire to seeing economic think it is government’s responsibility tinue to have some review. We do need May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3517 to do everything that we possibly can (Mr. DREIER) for yielding, and I thank unencumbered access and are given a to make sure that we raise tough ques- the gentleman from Georgia (Mr. NOR- chance to compete. American exporters tions about human rights policies, WOOD) for his assistance in allowing me have and will respond with ingenuity, about other provisions. That is why we to precede him. with creative ideas and technology to have included what is referred to as the The SPEAKER pro tempore. The make them competitive,’’ end of Bereuter-Levin proposal. That proposal RECORD should reflect that the decision quotations. will allow us the opportunity to, to yield was also with the acquiescence Armand J. Visioli, President of Auto- through a Helsinki-type commission, of the majority leader. The gentleman matic Switch Company in Florham have 14 representatives, 9 Members of may proceed. Park, New Jersey, believes, and I Congress and 5 appointees from the ex- Mr. FRELINGHUYSEN. Mr. Speaker, quote, ‘‘The failure to provide PNTR ecutive branch, who will meet and I rise in support of extending perma- for China would mean our global com- make recommendations and observe nent normal trade relations with China petitors would enjoy significant advan- the human rights policies that exist in and to talk for a few minutes about tages in the China market while Amer- China. how this agreement will benefit my ican companies and farmers would see So when my friend said that he be- State, New Jersey and, of course, the no change to the status quo.’’ End of lieves it is important that we continue Nation. quotations. to review it, we are going to have a del- Mr. Speaker, international trade, egation of Members of Congress who whether with China or any other Na- The New Jersey State Chamber of will be part of this. tion, means jobs for New Jersians and Commerce, quote, ‘‘Recognizes the im- I see my friend from New Jersey (Mr. the continued prosperity for our State. portance of economic engagement with China in order to not only enjoy the FRELINGHUYSEN) has just arrived, and I That is the bottom line. would be happy to yield to him. Out of New Jersey’s 4.1 million mem- vastly improved trading relations with Mr. DEFAZIO. Mr. Speaker, will the ber workforce, about 600,000 people an emerging economy but also to posi- gentleman yield? Statewide from Main Street to Fortune tion itself for continuing input on Mr. DREIER. I have yielded to my 500 companies are employed because of human rights conditions as well.’’ End friend, the gentleman from Oregon (Mr. exports, imports, and direct foreign in- of quotation. DEFAZIO), and I think it is only fair, vestment. Currently, China ranked as The New Jersey Farm Bureau said, since I have to leave in 3 minutes. New Jersey’s ninth largest export des- and I quote, ‘‘Expanding agricultural Mr. DEFAZIO. Mr. Speaker, will the tination in 1998, an increase from 13 in trade opportunities is a solid weapon to gentleman yield on that issue? I have a 1993. combat the low commodity prices particular question on that issue. Our Garden State has exported $668 plaguing farmers and driving down the Mr. DREIER. I am happy to yield to million in merchandise to China in domestic farm economy.’’ End of my friend, the gentleman from Oregon. 1998, more than double what was ex- quotation. Mr. DEFAZIO. The gentleman men- ported 5 years earlier. Joe Gonzalez, Jr., President of the tioned we needed this agreement for Mr. Speaker, for many months now I New Jersey Business and Industry As- regular relations and access to the Chi- have been actively spreading the posi- sociation, said to me in a letter, ‘‘An- nese market, but has the gentleman tive word about the benefits trade with nual reviews of China’s trade status read the agreement signed in Beijing China will bring to my home State of over the past 20 years have had a nega- July 7, 1979 which says, and I quote, New Jersey. I found many companies tive impact on the United States-China any advantage, favor, privilege or im- that are being just as active in edu- relations by restricting opportunities munity that either of the parties cating their own employees, customers, for U.S. workers to compete in the grants to like products originating in and the public about the benefits to global market. U.S. exports to China or destined for any other country or re- their business and to our national currently support hundreds of thou- gion in all matters regarding shall be economy that permanent trade with sands of jobs and the Chinese market granted to each of the signers of this China brings about. I congratulate represents the most important growth agreement? these firms, particularly American market for American agriculture. U.S. We already have an agreement which International Group based in Madison, firms need to be part of China’s devel- says they must do that and we must do New Jersey. opment to remain competitive and to that with them, and they are violating In Livingston, New Jersey, AIG, for encourage private market develop- it. example, has devoted a public policy ment.’’ End of quotations. Mr. DREIER. I agree there have been Web site for AIG employees to learn violations of agreements. That is why more about the importance of trade The governor of my State, Christine we have a retaliation mechanism with- with China. They should be com- Todd Whitman, has urged support for in the WTO. We have not had a means mended. PNTR and said, ‘‘Because international by which we could retaliate. That is Mr. Speaker, I have also written trade and investments are integral to what the WTO is all about. many of the large and small businesses New Jersey’s economic vitality, the Mr. Speaker, at this point I am in my congressional district to get outcome of debate of whether to extend happy to yield to my friend from New their reaction to the need for perma- PNTR to China will have unquestion- Jersey (Mr. FRELINGHUYSEN). Mr. nent trading relations with China, and able ramifications for New Jersey. We Speaker, at this juncture I have to go I would like to report back on what anticipate substantial export growth upstairs. I ask unanimous consent to some of these companies are saying for both goods and services from New yield the balance of my time to the about PNTR and why it is important to Jersey in the Chinese market. Contin- gentleman from New Jersey (Mr. them. ued export growth in the region will FRELINGHUYSEN), and if I can come Bill Donnelly, President of the Mor- lead to increased business for our ports back in just a few minutes I will try to ris County Chamber of Commerce said, as well.’’ End of quotations. do that. and I quote, ‘‘This, meaning trade with Richard Swift, chairman and presi- The SPEAKER pro tempore (Mr. China, is about more than just a trans- dent and CEO of the Foster Wheeler PEASE). Is there objection to the re- fer of products. It is a transfer of val- Corporation in Clinton, New Jersey, quest of the gentleman from Cali- ues,’’ end of quotation. said, ‘‘Foster Wheeler Corporation is fornia. Tommy Thomsen, president and CEO one of the largest exporters of power There was no objection. of the shipping giant Maersk, based in generation equipment to China. One The SPEAKER pro tempore. The gen- Madison, said, and I quote, ‘‘Our expe- typical Foster Wheeler boiler export tleman from New Jersey (Mr. FRELING- rience is that artificial trade barriers adds $10 million to $12 million to New HUYSEN) will control the time of the hurt all shipping companies, from the Jersey’s economy each year. These ex- gentleman from California (Mr. largest global carrier to the smallest penditures support 1,200 jobs at our DREIER). niche player. Our own business and New Jersey-based suppliers, many of Mr. FRELINGHUYSEN. Mr. Speaker, that of the U.S. exporters have excelled which are small- and medium-sized I thank the gentleman from California when companies are allowed businesses.’’ End of quotations. H3518 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Mr. Speaker, as we are aware, New ‘‘Lucent’s success in China means relations, whichever way one prefers to Jersey is a medicine cabinet of the Na- continued investment in research and call it. Nothing necessarily changes. tion, home to the world’s major phar- development, and increased production Later this year, Congress will need to maceutical companies, providing both here in the United States. It is very approve, then, a normal trade relations the medicines and research that save clear that Lucent Technologies, its em- for another year, just as we have done lives around the globe. ployees, customers and shareholders every year since I have been here, after Jack Stafford, chairman, president have a tremendous stake in making we examine China’s progress on human and CEO of American Home Products sure that our company is afforded the rights, on trade practices, and on our in Madison, had this to say about the same trading rights with China as our national defense concerns. That is the China agreement, and I quote, ‘‘The foreign competitors. The only viable same process that we have used every United States is the world’s leader in way’’, he says, ‘‘to guarantee this is year since 1979. pharmaceutical innovation, reflecting through the granting of permanent Supporters of PNTR claim that a our long-standing support for a busi- normal trade relations with China.’’ ‘‘no’’ vote by Congress will upset the ness environment that rewards com- Mr. Speaker, I urge my colleagues to entire World Trade Organization move- petitive strength and scientific re- vote in support of this agreement and ment with America blocked from par- search, medical innovation and bio- in support of America’s continued eco- ticipation. But according to Professor technology. The United States’ phar- nomic prosperity and our Nation’s con- Mark Barenberg of Columbia Univer- maceutical industry first entered tinued democratic influence on global sity, that is just nonsense. I would like China 20 years ago. Today there are 19 affairs. to quote the learned profession: ‘‘If major research-based pharmaceutical f China grants market-opening conces- companies in China. These leading U.S. sions to WTO members, then existing PERMANENT NORMAL TRADE companies have about $750 million in bilateral trade agreements between RELATIONS FOR CHINA annual sales and 12 percent of its $6.1 China and the United States require billion Chinese market.’’ The SPEAKER pro tempore (Mr. that China grant those same conces- PEASE). Under the Speaker’s an- b 2115 sions to the United States, even if Con- nounced policy of January 6, 1999, the gress does not grant PNTR to China.’’ ‘‘The market is growing nearly 10 gentleman from Georgia (Mr. NOR- That is through our existing bilateral percent annually. U.S. research phar- WOOD) is recognized for 60 minutes. trade agreements. maceutical companies have helped in- Mr. NORWOOOD. Mr. Speaker, I am Mr. Speaker, I will offer Professor troduce innovative world class medi- grateful for this time tonight to talk Mark Barenberg’s statement for the cines greatly improving the lives of about what I think all of us have in our RECORD. millions of Chinese patients. heart today and knowing that the So if we vote no, nothing about our ‘‘American home products invest- China vote, the trade issues will come existing or future trade with China ment in the Chinese market is signifi- up this week, as early, perhaps, as really changes. The only thing that cant, and the opportunity for growth Wednesday. My colleagues that have really changes will be the monitoring for our company and our industry is preceded me and all of us have been of Communist China’s records on tremendous. very thoughtful, I hope, and very con- human rights, fair trade, and military ‘‘As with all foreign direct invest- cerned. I hope that we all realize that expansion. It stops. ments of U.S.-based multinational there are good people on both sides of These, then, bring up for me three companies, this creates more jobs in this issue, people who are trying their powerful reasons that we should oppose our U.S.-based operations and greater best to understand what is right, peo- bringing China into the WTO and ex- resources to invest in research and de- ple from both parties that are for and tending permanent normal trade rela- velopment for new medication for the people from both parties that are tions at this time. Many people are U.S. market and around the world.’’ against. going to vote no Wednesday who Michael Bonsignore, CEO of Honey- Now, Mr. Speaker, the President has might, under different circumstances, well in Morristown, New Jersey, who called on us to approve trade with be very ready to vote yes a year from has been a true leader through his China, based on a philosophy that we now. But at this time we should not ex- work at Honeywell and as chairman of should be, and I would quote the Presi- tend permanent normal trade rela- the U.S.-China Business Council said, dent ‘‘reaching out a hand, not shaking tions. We have normal trade relations ‘‘Beyond the commercial benefits that a clenched fist.’’ Well, I agree with that with China. We are asked to do it per- will come from this agreement, China’s philosophy. The problem is I believe manently. accession to the World Trade Organiza- that for the last 5 years, we have been The first reason is trade itself. China tion constitutes a very positive devel- reaching out a hand, while Beijing con- has normal trade relations with us opment in the overall U.S.-China bilat- tinues to shake their fist at us. today, and they simply do not keep eral relationship. It will enhance the Before we even begin discussing why their agreements with us at all. For in- stability of the overall relationship by we should not extend new trade privi- stance, they do not let us sell tobacco reinforcing the mutual interests and leges to China, the American people to them under the false pretense that benefits. And, as the World Trade Orga- need to be made aware that we are not our tobacco has blue mold spores. Now, nization is based on rule of law, China’s talking about stopping trade with we know that the Chinese Government commitment to adopt the terms of this China. The gentleman from New Jersey simply made that up to keep us from vital multilateral organization is a (Mr. FRELINGHUYSEN) listed CEO after exporting tobacco. powerful signal of China’s desire to op- CEO that presently is doing business They agree to ship a limited amount erate as a full member of the global with China. If we do not approve the of textiles to America each year, and community.’’ PNTR, it does not mean at all that we we agree with that, with that bilateral Richard McGinn, chairman and CEO will not continue doing business with trade agreement. Yet they still of Lucent Technologies in Murray Hill, China just as they are today. tranship millions of dollars of textiles also wrote me and said the following, Far too many factions in this debate beyond that agreement through Africa. ‘‘China represents the largest single have attempted, I believe, to build a They can currently, today, buy all emerging market opportunity for tele- strawman argument by insisting that a the cotton and chickens that they communications products and serv- vote against PNTR is a vote to block want from America. But they do not do ices’’ that we produce ‘‘in the world. trade with China or isolate China or it. Why should they do that? They have Today, less than 10 percent of the 1.2 even the United States from world a surplus of cotton, cheap cotton that billion people in China have telephone trade. That is simply not the case. they produce with slave labor. Why service, and one person in 400 has ac- Here is the truth about a ‘‘no’’ vote would they buy ours? cess to the Internet. It is estimated on PNTR. If we vote no, China and the They currently export chickens to that China will account for 20 percent U.S. continue trading just as they are America, probably not to my home of the global telecommunications mar- today with China receiving most fa- State of Georgia. We grow a few, too. ket by the year 2010. vored nation’s status, or normal trade But we are not going to send them any May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3519 chickens, at least any more than we they cannot currently produce for the total and complete collapse of the presently do. themselves, and they are going to con- textile industry in America, along with We have agreements with them not tinue to do that whether we make this some other industries. to steal our technology, military or permanent or not. But before we count Reason number two that I oppose otherwise, but they do. They have a on those sales, we need to remind our- PNTR is national security. I have at- larger espionage operation going on in selves of the Chinese doctrine. It man- tended over the last 2 weeks two top- our country for these purposes today dates that if we sell any product there, secret briefings from the CIA. What I than any time in our history. we also have to provide the technology have learned, that I can tell, is this: We have agreements that they are for China to produce the products The Chinese military considers us to be not to steal our intellectual property, themselves. And where did they learn their main enemy that they must fight but they do. We have agreements that to gin cotton? From us. one day. They are building missiles they are not to force American compa- This situation occurs between the with Russian cooperation just as fast nies to turn over technology in order Chinese Government and American as they can go. These missiles are to just do business in China, but they companies who are forced to enter into aimed at our friend Taiwan and U.S. do. They are not supposed to attempt joint ventures in order to sell product carrier forces. Does anybody remember to corrupt our political system, but in China. WTO rules say China cannot the Taiwan Relations Act? They are preparing to attack our sat- they do. do that. We say that if we could only Chinese military leaders have and are get them into the WTO, the WTO would ellites. They are working on long-range missiles aimed at the American heart- contributing to Federal election cam- enforce this agreement. How? If a big land. Remember Los Alamos, where paigns in an attempt to sway this very sale to China is dependent on giving they stole our secrets on nuclear war- vote. They do not keep their word. them technology, some American com- head technology? They are buying They totally ignore agreements. panies, or their international competi- military hardware anywhere in the How do we respond to that? We offer tors, will do it. How do I know that? world as fast they can, including them permanent trade relations for all They already have done it. AWACS from Israel. of their good deeds. Why? Well, we say, Chinese business is government busi- They are doing this to the tune of $40 if only they were in the WTO, we could ness. It is run with the same goals in billion a year. They are using our own mind as private business, as we know it make them behave. To enter the WTO, money because we believe that we in this country, with one critical twist. they once again enter into an agree- must have $2 hammers. Remember, Instead of profiting stockholders or in- ment. they receive $70 billion U.S. dollars per dividual entrepreneurs, it profits only Why does anyone believe, all of a sud- year because of the trade deficit we den, they are going to keep their word the Chinese Government. have with them today. They are buying Instead of failing or succeeding based with agreements that are not enforce- weapons with cash, our cash, not cred- on profits in global competition, it suc- able, particularly when China would it. On top of this, they are selling mili- ceeds entirely on whether specific oper- then have a vote on what was enforced? tary hardware to Pakistan, Iran, North ations meet the needs of the Chinese The WTO would enforce only what it Korea, and others. wants enforced, not what America Government. Chinese export successes Reason number three for me is needs to have enforced. help China’s Communist government human rights. I voted for MFN in 1995, Supporters of PNTR say if China and no one else, unless we want to and I did so because I was told that we would only lower their tariffs, we could count the $1 a day discretionary allow- would be able to sell more goods to this sell to them. Well, Mr. Speaker, the ance granted the workers by the Com- great nation called China with her pop- ‘‘them’’ is the Chinese Government, munist party. ulation of 1.2 billion consumers. I was not private Chinese businesses or even I want to remind my colleagues that asked to believe that if China just had the people, but the government alone. the Chinese Government can buy from enough blue jeans to wear they would We have normal trade relations with America today if they want to. If we turn into this kind, friendly nation. China today. Why does the Chinese have normal trade relations with China Slave labor would go away, human government not buy from us now? They now, why do they simply not lower rights would be better, and the Chinese set the tariffs. They could lower the their tariffs now and buy from us, if people would have the freedom to wor- tariffs if they are so anxious to buy that indeed is what this agreement is ship God as they saw fit, if I would just from America. There is no reason to all about, us exporting to China? vote for MFN in 1995. believe that they will improve after Bringing China into the WTO helps The fact is the opposite has occurred being in the WTO. They can buy cotton China and it hurts America, in my over the last 5 years. All of these or chicken or Coca-colas or beef from opinion. It will encourage American things are worse after 5 years of nor- us today. We are glad to sell it to companies to move their factories to mal trade relations with America. So I them. Why do they not? China to take advantage of cheap am not just a ‘‘no’’ on this vote, I am Well, the answer in one case is that labor, no health or safety regulations, a ‘‘hell no.’’ But only for this year. We they grow cotton, cheap cotton because and low cost of production. These must look at this year by year and re- of slave labor and/or low wages, no reg- goods will then be imported back to serve the right to reward China for ulations from the EPA or OSHA. They America to compete against our com- proven progress in human rights and in export this cheap cotton. Do my col- panies; that is our companies that have fair trade and in peaceful relations. leagues know why? Our textile mills not already been put out of business But this year, of all years, is not the need cheap cotton in order to compete under our existing trade agreements year to help China. globally. It is understandable they are with our high cost of production, in- Are we going to reward them? Do we sending us their cotton. That is not cluding, I might add, the high cost of a allow China to profit from trying to going to help our cotton farmers. justice system and a lawsuit-happy Na- corrupt our system of free elections We say over and over again this tion. with illegal campaign money? Do they agreement will help the American Today, Wal-Mart is the single largest profit from stealing our technology, in- farmer. How? China is trying to do the importer in the United States. Half of cluding nuclear weapons secrets? Do same thing we are, that is, to feed their imports come from China. Does they profit from violating our existing themselves and furnish their own fiber. Wal-Mart have factories in China? Who trade agreements and throwing hard- Why will they buy cotton from us when has the majority interest and control working Americans out of their manu- they have a surplus which they gained of those factories? The Chinese Govern- facturing jobs? Or do they profit be- after we taught them how to grow cot- ment, not private Chinese business in- cause they threaten an invasion of our ton more efficiently, for goodness terests. These imports are not pro- friend and ally, Taiwan? Or do they sakes. moting Chinese capitalism, they are profit from threatening a nuclear at- funding the Chinese Communist gov- tack on American cities? Do they prof- b 2130 ernment. it from invading islands belonging to Yes, they are going to buy some of If we approve PNTR and China’s the Philippines, Indonesia, and Viet- our products, particularly those that entry into the WTO, we will witness nam? Do they profit from holding those H3520 CONGRESSIONAL RECORD — HOUSE May 22, 2000 Tiananmen Square protesters at gun China, in acceding to the WTO, grants mar- ican Access to China’s Market’’ (April, 2000). point and forcing them to make shoes ket-opening concessions to WTO members Professor Jackson’s letter explicitly dis- to export to America? Do they profit other than the United States, then existing avows undertaking a careful legal analysis of from forcing young Chinese mothers to bilateral trade agreements between China the question, but then asserts that the words and the United States require that China of the Bilateral must be ‘‘stretched’’ to mean endure forced abortions and steriliza- grant those same concessions to the United what they plainly say. tions and watch government doctors States, even if Congress does not grant In straining to give the narrowest possible kill their own child as it is being born? PNTR to China.’’ interpretation to China’s obligations to the Do they profit from throwing Chris- Subsequently, in a March 8, 2000 letter ad- United States, Ms. Barshefsky directs atten- tians in jail just for having a Bible, or vocating enactment of the sPNTR legisla- tion toward irrelevant, ancillary legislation crushing the right of the people of tion, Ms. Charlene Barshefsky asserted that and treaties, and away from the plain mean- the 1979 Bilateral Agreement between China ing of Article III(A), the central, broadly Tibet to worship as they see fit? worded provision of the 1979 bilateral Agree- I am for free trade, but I am also for and the United States will not legally obli- gate China to grant to the United States all ment. This legal exercise runs directly con- fair trade and smart trade. Permanent market-opening benefits that our competi- trary to the Vienna Convention on the Law normal trade with China, while these tors will gain, if China enters the WTO while of Treaties, which provides the authoritative conditions exist, is not free and it is the United States Congress votes against the rules for the interpretation of international not fair and it is not smart. PNTR legislation. agreements. There are many who support PNTR In a March 28, 2000, letter responding to a Indeed, in advancing a narrow, strained in- because they honestly believe that all- query from several Congressmen, Professor terpretation of the commitments made by John Jackson explicitly declined to under- China to the United States in the 1979 Bilat- out global trade with no restrictions or eral Agreement, the USTR contradicts her oversight has a chance of simply over- take a full legal analysis of Ms. Barshefsky’s claim. Jackson nonetheless ventured an own and president Clinton’s pledge—often re- whelming China’s corrupt political and opinion that the US-China bilateral trade re- peated, prior to their current all-out lob- economic system. Although I disagree lationship will face ‘many interpretive con- bying campaign—to interpret and enforce with that, I respect their position and troversies’ if the Congress votes against the our trading partners’ obligations aggres- do not doubt their honest motives. PNTR legislation. While Professor Jackson sively for the benefit of American businesses, But there is a seamier side of the concedes that ‘such interpretive problems’ farmers, and workers. This is especially re- PNTR lobby that has successfully will still arise if Congress votes in favor of markable, in light of the fact that even zeal- the PNTR legislation, he predicts that the ous proponents of PNTR concede that Arti- spread false information to America’s cle III(A) of the 1979 bilateral Agreement is business leaders and, frankly, many of WTO multilateral settlement procedures ap- plicable to those interpretive disputes would indeed open to the broader interpretation our colleagues, and have taken advan- provide a better ‘juridical institutional which would give effect—and properly so tage of those honest motives. This side framework’ than would bilateral procedures. under the international law of treaty inter- of the China lobby has but one motive: On this basis, Jackson supports PNTR. pretation—to the plain meaning of that pro- Profit for a few at the expense of many. In this paper, I respond to the arguments vision. See, for example, G. Hufbauer, supra. They do not care about the people of made by Ms. Barshefsky and Professor Jack- John Jackson’s argument—that Congress son: should enact PNTR because the WTO’s mul- America or Taiwan or Europe or China. tilateral dispute procedure is juridically su- They only care about the bottom line EXECUTIVE SUMMARY: A RESPONSE TO MS. perior to bilateral dispute procedures—sim- of corporations that are really no BARSHEFSKY’S AND MR. JACKSON’S ARGUMENTS ply fails to address the two most serious longer American businesses. Ms. Barshefsky’s claim, summarized above ‘‘procedural’’ concerns raised by opponents This new breed of corporation recog- in the Introduction, is legally incorrect. of PNTR. nizes no border, no nation and no law, That simple fact is that China is obligated The first concern is that a Congressional just the ability to sell their goods and by binding international law to grant the vote in favor of PNTR would commit the United States substantially all the economic services produced in the cheapest pos- United States to use the WTO dispute proce- benefits it grants to our competitors, even if dure, and only the WTO dispute procedure, sible manner on Earth, anywhere they Congress declines to enact PNTR. to enforce our trade-related interests vis-a- choose, with no restrictions and no If Congress does not enact PNTR, our trade vis China. Such a U.S. commitment to WTO concern for the national security or relationship with China will be governed by procedures in our trade relationship with sovereignty of the United States or of the international law contained in the bilat- China would allow the U.S. to bring com- any nation. eral trade agreements between China and the plaints only against those Chinese unfair We have a choice here in this House. United States. Article III(A) of the 1979 bilat- practices that are narrowly defined in WTO Our collective voice will be heard by eral Agreement states in full and without ex- rules. Further, such a U.S. commitment ception or qualification: billions of people around the world, would render illegal any and all trade-re- ‘‘For the purpose of promoting economic lated dispute resolution and enforcement by people who are yearning and struggling and trade relations between their two coun- the United States, whether multilateral or against tyranny, hoping, fighting and tries, the Contracting Parties [the U.S. and bilateral, in response to China’s human- praying for democracy, human rights, China] agree to accord firms, companies and rights, labor-rights, and environmental and peace. Our choice will determine corporations, and trading organizations of abuses and, indeed, purely commercial whether those masses of humanity the other Party treatment no less favorable abuses that fall outside WTO-defined unfair locked in the darkness and our own than is afforded to any third country or re- practices, no matter how horrendous those citizens continue to believe in America gion.’’ abuses may be. Therefore, if China grants our competitors as the great beacon of human decency Through such disarmament, the United any economic concessions in order to join States would give up the bilateral enforce- and divine providence, a Nation by the WTO, this clear, sweeping provision of ment tools (such as Section 301 of the 1974 whose light all mankind can see that the 1979 Bilateral Agreement requires that Trade Act, or similar future Congressional liberty still shines brighter than gold. China grant the same benefits to United enactments) that enforced the GATT agree- The choice is between freedom and States businesses. That provision, on its ments for decades before the establishment greed. I choose freedom and I urge my face, applies to all U.S. businesses in all of the WTO, and that managed the U.S.- colleagues to do the same. areas of economic and trade relations, with- China bilateral trade relation for the last 21 I ask my colleagues to vote this year out exception or qualification. years. Those tools, if retained by a Congres- It is striking that none of the proponents ‘‘no’’ on permanent normal trade with sional vote against PNTR and implemented of PNTR—neither Barshefsky, Jackson, nor consistently, will provide the basis for ade- China, knowing that we do have nor- any China Lobbyist—quotes Article III(A) in quately disciplining China in its bilateral mal trade with China, and let us review full and without qualification in their writ- trade relationship with the United States. that again next year. ten statements. As a matter of law, the plain Indeed, prior to the Clinton Administra- Mr. Speaker, I include for the language of that provision is manifestly dev- tion’s current campaign to enact PNTR, RECORD the article I referred to earlier: astating to their position. It is not sur- Charlene Barshefsky repeatedly testified to THE DEBATE ON PNTR FOR CHINA: A prising that the only ‘‘arguments’’ on this Congress that the credible threat of United RESPONSE TO BARSHEFSKY AND JACKSON point by commentators are bald assertions States unilateral sanctions were indispen- unsupported by an reasoning or legal prin- sable to ensure that China implemented any (By Mark Barenberg) ciples, let alone analysis of the actual lan- trade concessions it might make. Such testi- INTRODUCTION guage of Article III(A). Mr. Gary Hufbauer, mony based on actual experience weakens On March 1, 2000, I issued a statement ana- for example, says simply that Article III(A) Jackson’s prediction that abandonment of lyzing the legal implications of the Congres- can indeed be read as broadly as its plain bilateral disciplines will serve U.S. interests sional vote on PNTR for China. That anal- meaning, but that it is ‘‘doubtful’’ that it in its future trade relations with China. ysis reached the following conclusion: ‘‘If should be so read. See G. Hufbauer, ‘‘Amer- Today, China remains heavily dependent on May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3521 access to United States markets, in order to Mr. MCNULTY (at the request of Mr. 7739. A letter from the Senior Banking maintain the economic growth that is the GEPHARDT) for today on account of per- Counsel, Office of the General Counsel, De- single most important prop to the current sonal business. partmental Offices, Department of the Chinese regime. Chinese exports into the Treasury, transmitting the Department’s Mr. STUPAK (at the request of Mr. U.S. market are vital to the Chinese regime, final rule—Financial Subsidaries (RIN: 1505– while U.S. exports and investment into the GEPHARDT) for today and May 23 on ac- AA80) received March 22, 2000, pursuant to 5 Chinese market are trivial relative to U.S. count of family matters. U.S.C. 801(a)(1)(A); to the Committee on domestic and international economic activ- Mr. WEINER (at the request of Mr. Banking and Financial Services. ity. China is therefore quite susceptible to GEPHARDT) for today and May 23 on ac- 7740. A letter from the Executive Director, the kind of United States bilateral tools that count of a death in the family. Emergency Steel Guarantee Loan Board, enforced the GATT system and U.S.-China Mr. SCARBOROUGH (at the request of transmitting the Board’s final rule—Emer- bilateral trade deals for decades, if those Mr. ARMEY) for today on account of gency Steel Guarantee Loan Program; Con- tools are effectively and consistently de- canceled flights due to inclement forming Changes (RIN: 3003–ZA00) received ployed. April 25, 2000, pursuant to 5 U.S.C. In fact, if China joins the WTO and Con- weather. 801(a)(1)(A); to the Committee on Banking gress votes against PNTR, China will be sub- f and Financial Services. ject both to bilateral disciplines by the 7741. A letter from the General Counsel, United States and to WTO multilateral dis- SPECIAL ORDERS GRANTED Federal Emergency Management, transmit- ciplines by Europe, Japan, and other WTO By unanimous consent, permission to ting the Agency’s final rule—Changes in members. Furthermore, if the WTO resolves address the House, following the legis- Flood Elevation Determinations [Docket No. any disputes against China in a way that af- lative program and any special orders FEMA–7309] received April 24, 2000, pursuant fords economic benefits to our competitors, heretofore entered, was granted to: to 5 U.S.C. 801(a)(1)(A); to the Committee on the United States is also entitled to receive Banking and Financial Services. those benefits, since the 1979 Bilateral Agree- (The following Members (at the re- 7742. A letter from the General Counsel, ment requires China to grant to the United quest of Mr. DEFAZIO) to revise and ex- Federal Emergency Management Agency, States any benefits it grants to third coun- tend their remarks and include extra- transmitting the Agency’s final rule— tries. neous material:) Changes in Flood Elevation Determina- The first ‘‘procedural’’ concern ignored by Mr. HINCHEY, for 5 minutes, today. tions—received April 24, 2000, pursuant to 5 Jackson—unilateral disarmament by the Mr. GONZALEZ, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on United States—is compounded by a second. (The following Members (at the re- Banking and Financial Services. The WTO is an intergovernmental organiza- 7743. A letter from the General Counsel, quest of Mr. MCINNIS) to revise and ex- tion that operates by negotiated consensus. Federal Emergency Management Agency, The world’s most powerful countries play a tend their remarks and include extra- transmitting the Agency’s final rule—Final disproportionate role in shaping that con- neous material:) Flood Elevation Determinations—received sensus. Upon joining the WTO, China—the Mr. MCINNIS, for 5 minutes, today. April 24, 2000, pursuant to 5 U.S.C. world’s largest Police State—will therefore Mr. NETHERCUTT, for 5 minutes, 801(a)(1)(A); to the Committee on Banking have a powerful vote, and an effective veto, today. and Financial Services. in any future WTO efforts to reform the Mr. FRELINGHUYSEN, for 5 minutes, 7744. A letter from the Assistant General ground rules of global markets. today. Counsel for Regulations, Office of Post Sec- In other words, China will be authorized to ondary Education, Department of Education, Mr. HULSHOF, for 5 minutes, today. block any proposals—of the kind supported transmitting the Department’s final rule— Mr. PAUL, for 5 minutes, today. in Seattle by the Clinton Administration Gaining Early Awareness and Readiness for itself—to add basic human, labor, and envi- f Undergraduate Programs (RIN: 1840–AC82) ronmental rights to the WTO system. This ADJOURNMENT received April 24, 2000, pursuant to 5 U.S.C. would mark a significant set-back for all 801(a)(1)(A); to the Committee on Education those individuals, governments, and non-gov- Mr. NORWOOD. Mr. Speaker, I move and the Workforce. ernmental organizations who aspire to en- that the House do now adjourn. 7745. A letter from the Director, Corporate sure that the rules of the global economy The motion was agreed to; accord- Policy and Research Department, Pension protect not only commercial rights but fun- ingly (at 9 o’clock and 44 minutes Benefit Guaranty Corporation, transmitting damental personal and social rights. the Corporation’s final rule—Lump Sum In sum: At a minimum, Ms. Barshefsky p.m.), under its previous order, the House adjourned until tomorrow, Tues- Payment Assumptions (RIN: 1212–AA92) re- greatly understates the economic conces- ceived April 24, 2000, pursuant to 5 U.S.C. sions which China will remain legally obli- day, May 23, 2000, at 9 a.m., for morn- 801(a)(1)(A); to the Committee on Education gated to grant the United States if Congress ing hour debates. and the Workforce. votes against PNTR; and Professor Jackson f 7746. A letter from the Director, Coporate greatly overstates the net benefits to the Policy and Research Department, Pension United States, in terms of capacity to en- EXECUTIVE COMMUNICATIONS, Benefit Guaranty Corporation, transmitting force United States interests, if Congress ETC. the Corporation’s final rule—Valuation of votes for PNTR and the United States enters Benefits; Use of Single Set of Assumptions a ‘‘binding WTO relationship’’ with China. Under clause 8 of rule XII, executive communications were taken from the for all Benefits (RIN: 1212–AA91) received Equally important, Ms. Barshefsky and April 24, 2000, pursuant to 5 U.S.C. Professor Jackson both examine only one Speaker’s table and referred as follows: 801(a)(1)(A); to the Committee on Education side of the scale—namely, the potential ben- 7736. A letter from the Acting Executive and the Workforce. efits to United States commercial interests. Director, Commodity Futures Trading Com- 7747. A letter from the Director, Office of They do not examine the costs of U.S. aban- mission, transmitting the Commission’s Regulatory Management and Information, donment of all trade-related enforcement final rule—Minimum Financial Require- Environmental Protection Agency, transmit- measures—multilateral or unilateral—aimed ments for Futures Commission Merchants ting the Agency’s final rule—Approval and toward ensuring that the global regime pro- and Introducing Brokers (RIN: 3038–AB51) re- Promulgation of State Plans for Designated tects fundamental individual rights of auton- ceived April 24, 2000, pursuant to 5 U.S.C. Facilities and Pollutants: Oklahoma [OK–19– omy and associated, and safeguards distribu- 801(a)(1)(A); to the Committee on Agri- 1–7453a; FRL–6582–1] received April 25, 2000, tive justice and social wellbeing of a sort culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- that cannot be measured by maximization of 7737. A letter from the Congressional Re- mittee on Commerce. corporate shareholder returns or aggregate view Coordinator, Department of Agri- 7748. A letter from the Director, Office of monetary wealth. culture, transmitting the Department’s final Regulatory Management and Information, The ‘‘cost’’ side of the scale is all the rule—Change in Disease Status of the Repub- Environmental Protection Agency, transmit- weightier, relatively speaking, once Ms. lic of South Africa Because of Foot-and- ting the Agency’s final rule—Approval and Barshefsky’s and Professor Jackson’s over- Mouth Disease and Rinderpest [Docket No. Promulgation of Implementation Plans ; statement of the commercial ‘‘benefits’’ of 98–029–2] received April 19, 2000, pursuant to 5 Reasonably Available Control Technology PNTR is fully recognized. U.S.C. 801(a)(1)(A); to the Committee on Ag- for Oxides of Nitrogen for the State of New In deciding which way to vote on PNTR, riculture. York [Region II Docket No. NY42–21–1; FRL– our Representatives should at least have an 7738. A letter from the Director, Office of 6583–8] received April 25, 2000, pursuant to 5 accurate understanding of the costs and ben- Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on efits they must weigh. Environmental Protection Agency, transmit- Commerce. f ting the Agency’s final rule—Pyridate; Pes- 7749. A letter from the Director, Office of LEAVE OF ABSENCE ticide Tolerance [OPP–300989; FRL–6550–9] Regulatory Management and Information, (RIN: 2070–AB78) received April 25, 2000, pur- Environmental Protection Agency, transmit- By unanimous consent, leave of ab- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—Protection of sence was granted to: mittee on Agriculture. Stratospheric Ozone; Listing of Substitutes H3522 CONGRESSIONAL RECORD — HOUSE May 22, 2000 for Ozone-Depleting Substances [FRL–6585–3] 7760. A letter from the Program Analyst, III Series Turboshaft Engines [Docket No. (RIN: 2060–AG12) received April 24, 2000, pur- FAA, Department of Transportation, trans- 99–NE–33–AD; Amendment 39–11653; AD 2000– suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Modi- 06–12] (RIN: 2120–AA64) received April 28, mittee on Commerce. fication of Class E Airspace; Coldwater, MI 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7750. A letter from the Director, Office of [Airspace Docket No. 99–AGL–59] received Committee on Transportation and Infra- Regulatory Management and Information, April 28, 2000, pursuant to 5 U.S.C. structure. Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Transpor- 7771. A letter from the Chief, Regulations ting the Agency’s final rule—National Emis- tation and Infrastructure. Division, Bureau of Alcohol, Tobacco and sion Standards for Hazardous Air Pollutants 7761. A letter from the Program Analyst, Firearms, transmitting the Bureau’s final for Polyether Polyols Production; Synthetic FAA, Department of Transportation, trans- rule—Implementation of Public Law 105–34, Organic Chemical Manufacturing Industry; mitting the Department’s final rule—Modi- Section 1417, Related to the Use of Addi- Epoxy Resins Production and Non-Nylon fication of Class E Airspace; Watertown, SD, tional Ameliorating Material In Certain Polyamides Production; and Petroleum Re- and Britton, SD [Airspace Docket No. 99– Wines [T.D. ATF–403] (RIN: 1512–AB78) re- fineries [AD-FRL–6585–5] (RIN: 2060–AE86) re- AGL–60] received April 28, 2000, pursuant to 5 ceived April 5, 2000, pursuant to 5 U.S.C. ceived April 24, 2000, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Commerce. Transportation and Infrastructure. Means. 7751. A letter from the Special Assistant to 7762. A letter from the Program Analyst, 7772. A letter from the Chief, Regulations the Bureau Chief, Mass Media Bureau, Fed- FAA, Department of Transportation, trans- Division, Bureau of Alcohol, Tobacco and eral Communications Commission, transmit- mitting the Department’s final rule—Amend- Firearms, transmitting the Bureau’s final ting the Commission’s final rule—Amend- ment of Class E Airspace; McMinnville, TN rule—Implementation of Public Law 105–33, ment of Section 73.202(b), Table of Allot- [Airspace Docket No. 00–ASO–05] received Section 9302, Relating to Tobacco Importa- ments, FM Broadcast Stations (Spencer and April 28, 2000, pursuant to 5 U.S.C. tion Restrictions, Markings, Minimum Man- Webster, Massachusetts) [MM Docket No. 00– 801(a)(1)(A); to the Committee on Transpor- ufacturing Requirements, and Penalty Provi- 8 RM–9788] received April 24, 2000, pursuant tation and Infrastructure. sions (98R–369P) [T.D. ATF–421] (RIN: 1512– to 5 U.S.C. 801(a)(1)(A); to the Committee on 7763. A letter from the Program Analyst, AB99) received April 5, 2000, pursuant to 5 Commerce. FAA, Department of Transportation, trans- 7752. A letter from the Chief, Network U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Amend- Ways and Means. Services Division, Common Carrier Bureau, ment of Class E Airspace; Dayton, TN [Air- Federal Communications Commission, trans- 7773. A letter from the Regulatory Policy space Docket No. 00–ASO–06] received April Officer, Bureau of Alcohol, Tobacco and mitting the Commission’s final rule—Num- 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to bering Resource Optimization [CC Docket Firearms, transmitting the Bureau’s final the Committee on Transportation and Infra- rule—Implementation of Public Law 105–33, No. 99–200] received April 24, 2000, pursuant structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Section 9302, Requiring the Qualification of 7764. A letter from the Program Analyst, Tobacco Product Importers (98R–316P) And Commerce. FAA, Department of Transportation, trans- 7753. A letter from the Auditor, District of Miscellaneous Technical Amendments [T.D. mitting the Department’s final rule—Revi- Columbia, transmitting a copy of a report ATF–422; RE: Notice No. 888] (RIN: 1512– sion of the Legal Description of the Houston entitled ‘‘Agency Retaliation Against Con- AC07) received April 5, 2000, pursuant to 5 Class B Airspace Area; TX [Airspace Docket tractors Appearing Before or Providing In- U.S.C. 801(a)(1)(A); to the Committee on No. 00–AWA–1] (RIN: 2120–AA66) received formation to the Council,’’ pursuant to D.C. Ways and Means. April 28, 2000, pursuant to 5 U.S.C. Code section 47—117(d); to the Committee on 7774. A letter from the Deputy Executive 801(a)(1)(A); to the Committee on Transpor- Government Reform. Secretary, Health Care Financing Adminis- 7754. A letter from the Auditor, District of tation and Infrastructure. tration, Department of Health and Human Columbia, transmitting a copy of a report 7765. A letter from the Program Analyst, Services, transmitting the Department’s entitled ‘‘Analysis of the FY 2001 Proposed FAA, Department of Transportation, trans- final rule—Medicare and Medicaid Programs; Revenue Forecast and FY 2000 Revised Rev- mitting the Department’s final rule—Amend- Religious Nonmedical Health Care Institu- enue Forecast,’’ pursuant to D.C. Code sec- ment to Class E Airspace; Creston, IA [Air- tions and Advance Directives [HCFA–1909– tion 47—117(d); to the Committee on Govern- space Docket No. 00–ACE–1] received April IFC] (RIN: 0938–AI93) received April 18, 2000, ment Reform. 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); jointly to 7755. A letter from the Acting General the Committee on Transportation and Infra- the Committees on Ways and Means and Counsel, Executive Office for Immigration structure. Commerce. 7766. A letter from the Program Analyst, Review, Department of Justice, transmitting f the Department’s final rule—Executive Of- FAA, Department of Transportation, trans- fice for Immigration Review; Board of Immi- mitting the Department’s final rule—Amend- REPORTS OF COMMITTEES ON ment to Class E Airspace; Ord, NE [Airspace gration Appeals; 21 Board Members [EOIR PUBLIC BILLS AND RESOLUTIONS No. 126F; AG Order No. 2297–2000] (RIN: 1125– Docket No. 00–ACE–2] received April 28, 2000, AA28) received April 24, 2000, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XIII, reports of U.S.C. 801(a)(1)(A); to the Committee on the mittee on Transportation and Infrastruc- committees were delivered to the Clerk Judiciary. ture. for printing and reference to the proper 7756. A letter from the Secretary, Federal 7767. A letter from the Program Analyst, calendar, as follows: Trade Commission, transmitting the Com- FAA, Department of Transportation, trans- mission’s final rule—Antitrust Guidelines for mitting the Department’s final rule—Amend- Mr. ARCHER: Committee on Ways and Collaborations Among Competitors—re- ment to Class E Airspace; O’Neill, NE [Air- Means. H.R. 3916. A bill to amend the Inter- ceived April 7, 2000, pursuant to 5 U.S.C. space Docket No. 99–ACE–55] received April nal Revenue Code of 1986 to repeal the excise 801(a)(1)(A); to the Committee on the Judici- 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to tax on telephone and other communication ary. the Committee on Transportation and Infra- services; with an amendment (Rept. 106–631). 7757. A letter from the Program Analyst, structure. Referred to the Committee of the Whole FAA, Department of Transportation, trans- 7768. A letter from the Program Analyst, House on the State of the Union. mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- Mr. ARCHER: Committee on Ways and ment to Class E Airspace; Orange City, IA mitting the Department’s final rule—Air- Means. H.R. 4444. A bill to authorize exten- [Airspace Docket No. 00–ACE–9] received worthiness Directives; Dornier Model 328–100 sion of nondiscriminatory treatment (nor- April 28, 2000, pursuant to 5 U.S.C. Series Airplanes [Docket No. 99–NM–40–AD; mal trade relations treatment) to the Peo- 801(a)(1)(A); to the Committee on Transpor- Amendment 39–11658; AD 2000–0704] (RIN: ple’s Republic of China; with an amendment tation and Infrastructure. 2120–AA64) received April 28, 2000, pursuant (Rept. 106–632). Referred to the Committee of 7758. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Whole House on the State of the Union. FAA, Department of Transportation, trans- Transportation and Infrastructure. f mitting the Department’s final rule—Amend- 7769. A letter from the Program Analyst, ment to Class E Airspace; Sheldon, IA [Air- FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS space Docket No. 00–ACE–8] received April mitting the Department’s final rule—Air- Under clause 2 of rule XII, public worthiness Directives; Turbomeca Makila 1 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to bills and resolutions were introduced the Committee on Transportation and Infra- Series Turboshaft Engines [Docket No. 99– structure. NE–11–AD; Amendment 39–11652; AD 2000–06– and severally referred, as follows: 7759. A letter from the Program Analyst, 11] (RIN: 2120–AA64) received April 28, 2000, By Mr. ABERCROMBIE (for himself FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Mrs. MCCARTHY of New York): mitting the Department’s final rule—Modi- mittee on Transportation and Infrastruc- H.R. 4512. A bill to amend the Internal Rev- fication of Class E Airspace; Saginaw, MI ture. enue Code of 1986 to provide an extension of [Airspace Docket No. 99–AGL–58] received 7770. A letter from the Program Analyst, time for payment of estate tax for estates April 28, 2000, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- with closely held businesses, and for other 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- purposes; to the Committee on Ways and tation and Infrastructure. worthiness Directives; Turbomeca Artouste Means. May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3523

By Ms. NORTON: H.R. 3580: Mr. WISE, Mr. GALLEGLY, Mr. LI- Page 8, line 24, insert after the second dol- H.R. 4513. A bill to require the Secretary of PINSKI, Mr. HALL of Texas, Mr. BOYD, Mrs. lar figure the following: ‘‘(increased by the Treasury to mint coins in commemora- MYRICK, Mr. WATTS of Oklahoma, Mrs. MEEK $3,290,000)’’. tion of the African-American Civil War vet- of Florida, Mr. THOMPSON of California, Mr. Page 9, line 2, insert after the dollar figure erans who served with Union forces; to the ORTIZ, Mr. DIAZ-BALART, Mr. RADANOVICH, the following: ‘‘(increased by $3,710,000)’’. Committee on Banking and Financial Serv- Mr. BLUMENAUER, Mr. RYAN of Wisconsin, Page 22, line 11, insert after the first dollar ices. Ms. ROS-LEHTINEN, Ms. BALDWIN, Mr. LAZIO, figure the following: ‘‘(reduced by By Mr. POMEROY: Mr. BERMAN, Mr. ISTOOK, Mr. DEFAZIO, Mr. $5,000,000)’’. H.R. 4514. A bill to strengthen the stand- TRAFICANT, Mr. DICKS, Mrs. ROUKEMA, and Page 23, line 14, insert after the first dollar ards by which the Surface Transportation Ms. KAPTUR. figure the following: ‘‘(reduced by $500,000)’’. Board reviews railroad mergers, and to apply H.R. 3594: Mr. BARRETT of Wisconsin. Page 24, line 16, insert after the dollar fig- the Federal antitrust laws to rail carriers H.R. 3610: Mr. NEY, Mrs. CLAYTON, and Mr. ure the following: ‘‘(reduced by $500,000)’’. and railroad transportation; to the Com- PAYNE. Page 28, line 15, insert after the dollar fig- mittee on Transportation and Infrastruc- H.R. 3625: Mrs. WILSON and Mr. CLEMENT. ure the following: ‘‘(reduced by $1,000,000)’’. H.R. 3916: Mr. BARTLETT of Maryland, Mr. ture, and in addition to the Committee on MORAN of Kansas, Mr. TOOMEY, Mr. GOSS, and LEGISLATIVE BRANCH APPROPRIATIONS, FY the Judiciary, for a period to be subse- Mr. HINOJOSA. 2001 quently determined by the Speaker, in each H.R. 4042: Mr. OBERSTAR. OFFERED BY: MR. NEY case for consideration of such provisions as H.R. 4064: Mr. GEKAS. AMENDMENT NO. 2: Page 22, line 11, insert fall within the jurisdiction of the committee H.R. 4071: Mr. NETHERCUTT. after the first dollar figure the following: concerned. H.R. 4132: Mr. HINCHEY and Mr. JOHN. By Mr. ARMEY (for himself, Mr. GEP- H.R. 4140: Mrs. CLAYTON, Ms. WOOLSEY, Ms. ‘‘(reduced by $3,000,000)’’. HARDT, Mr. GILMAN, and Mr. GEJDEN- BROWN of Florida, and Mr. JEFFERSON. Page 23, line 14, insert after the first dollar SON): H.R. 4162: Mr. CUMMINGS and Mr. RAHALL. figure the following: ‘‘(reduced by $500,000)’’. H. Con. Res. 331. Concurrent resolution H.R. 4168: Mr. TAYLOR of Mississippi and Page 24, line 1, insert after the dollar fig- commending Israel’s redeployment from Mr. KILDEE. ure the following: ‘‘(increased by $5,000,000)’’. southern Lebanon; to the Committee on H.R. 4211: Mr. SANDERS, Ms. RIVERS, Mr. Page 24, line 16, insert after the dollar fig- International Relations. CUMMINGS, Mr. CARSON, Ms. SCHAKOWSKY, ure the following: ‘‘(reduced by $1,000,000)’’. By Mr. CAMPBELL: and Mr. LANTOS. Page 28, line 15, insert after the dollar fig- H. Con. Res. 332. Concurrent resolution ex- H.R. 4242: Mr. OXLEY. ure the following: ‘‘(reduced by $1,000,000)’’. H.R. 4274: Mr. ARMEY, Mr. SHIMKUS, Mrs. pressing the sense of the Congress with re- H.R. 4461 EMERSON, Mr. BAKER, and Mr. WATTS of gard to providing humanitarian aid to cy- Oklahoma. OFFERED BY: MR. ANDREWS clone victims in the Indian State of Orissa; H.R. 4277: Mrs. EMERSON, Mr. PAUL, and AMENDMENT NO. 4: At the end of title VII of to the Committee on International Rela- Mr. FROST. the bill, add the following new section: tions. H.R. 4314: Mr. WALSH. SEC. 753. Section 502(h) of the Housing Act By Mr. MOORE (for himself, Mr. H.R. 4328: Mr. DICKEY and Mr. CAMPBELL. of 1949 (42 U.S.C. 1472(h)) is amended by add- DOGGETT, and Mr. STENHOLM): H.R. 4334: Ms. LOFGREN. ing at the end the following new paragraph: H. Res. 508. A resolution providing for con- H.R. 4383: Mr. WATKINS. ‘‘(13) GUARANTEES FOR REFINANCING sideration of the bill (H.R. 3688) to amend the H.R. 4447: Mr. WYNN, Mrs. MORELLA, Mr. LOANS.—Upon the request of the borrower, Internal Revenue Code of 1986 to require cer- EHRLICH, and Mr. CARDIN. H.R. 4448: Mr. WYNN, Mrs. MORELLA, Mr. the Secretary shall guarantee a loan that is tain political organizations under such Code made to refinance an existing loan that is to report information to the Federal Elec- EHRLICH, and Mr. CARDIN. H.R. 4449: Mr. WYNN, Mrs. MORELLA, Mr. made under this section or guaranteed under tion Commission, and for other purposes; to this subsection, and that the Secretary de- the Committee on Rules. EHRLICH, and Mr. CARDIN. H.R. 4450: Mr. WYNN, Mrs. MORELLA, Mr. termines complies with the following re- f EHRLICH, and Mr. CARDIN. quirements: ADDITIONAL SPONSORS H.R. 4451: Mr. WYNN, Mrs. MORELLA, Mr. ‘‘(A) INTEREST RATE.—The refinancing loan EHRLICH, and Mr. CARDIN. shall have a rate of interest that is fixed Under clause 7 of rule XII, sponsors H.R. 4488: Ms. SCHAKOWSKY. over the term of the loan and does not ex- were added to public bills and resolu- H.R. 4489: Mr. SENSENBRENNER, Mr. BONIOR, ceed the interest rate of the loan being refi- tions as follows: Mr. MCCOLLUM, Mr. DELAHUNT, Mr. DINGELL, nanced. Mr. ORTIZ, Mr. BALDACCI, Mr. HINOJOSA, Mr. ‘‘(B) SECURITY.—The refinancing loan shall H.R. 8: Mr. TAUZIN. EHRLICH, Mr. KOLBE, Mr. GREENWOOD, Mr. H.R. 329: Mr. GANSKE. be secured by the same single-family resi- GIBBONS, Mr. SWEENEY, Mr. CAMP, and Ms. H.R. 353: Mr. HINCHEY, Mr. GEJDENSON, Mr. dence as was the loan being refinanced, STABENOW. CROWLEY, Mr. DEUTSCH, Mr. HOLT, Mr. which shall be owned by the borrower and H.J. Res. 55: Mr. COX. occupied by the borrower as the principal MORAN of Kansas, Ms. MCKINNEY, Mr. DICKS, H.J. Res. 98: Mr. BENTSEN, Mr. NADLER, Mr. residence of the borrower. Ms. ROS-LEHTINEN, Mrs. BONO, Mr. FRANKS of HANSEN, and Mr. GONZALEZ. ‘‘(C) AMOUNT.—The principal obligation New Jersey, Mr. MEEKS of New York, Mr. H. Con. Res. 302: Mr. TURNER, Mr. ROMERO- under the refinancing loan shall not exceed BACA, and Mr. HAYES. BARCELO, and Mr. KOLBE. H.R. 372: Mr. KLINK and Ms. BERKLEY. H. Con. Res. 308: Mr. FILNER. an amount equal to the sum of the balance of H.R. 531: Mr. FLETCHER. H. Res. 398: Mr. BILBRAY, Mr. CONDIT, Ms. the loan being refinanced and such closing H.R. 534: Mr. WELLER and Mr. BACA. SANCHEZ, and Mr. BENTSEN. costs as may be authorized by the Secretary, H.R. 632: Mr. BALLENGER. H. Res. 452: Mr. WAXMAN, Mr. DAVIS of Illi- which shall include a discount not exceeding H.R. 997: Mr. REYNOLDS. nois, and Mr. MCHUGH. 2 basis points and an origination fee not ex- H.R. 1217: Mr. VENTO. f ceeding such amount as the Secretary shall H.R. 1456: Ms. SCHAKOWSKY, Mr. GILCHREST, prescribe. Mr. CARDIN, and Mr. DELAHUNT. DISCHARGE PETITIONS— ‘‘(D) PAYMENT STATUS.—The borrower shall H.R. 1690: Mr. ROHRABACHER and Mr. BOU- ADDITIONS OR DELETIONS not be more than 2 months delinquent in CHER. The following Members added their payments on the loan being refinanced. ‘‘(E) TERM.—The term of the refinancing H.R. 1707: Mr. UPTON. names to the following discharge peti- H.R. 1732: Mr. LOBIONDO. loan may not exceed the original term of the H.R. 2059: Ms. KILPATRICK and Mr. FRANK of tions: loan being refinanced by more than 10 Massachusetts. [Omitted from the Record of May 19, 2000] years.’’. H.R. 2120: Mr. GUTIERREZ and Mr. EVANS. Petition 9 by Mr. MINGE on House Resolu- The provisions of the last sentence of para- H.R. 2713: Mr. FATTAH. tion 478: Brian Baird, Earl Blumenauer, and graph (1) and paragraphs (2), (5), and (9) shall H.R. 3059: Mr. OBERSTAR. Bart Gordon. apply to loans guaranteed under this sub- H.R. 3091: Mr. BOUCHER and Mr. TIERNEY. f section, and no other provisions of para- H.R. 3113: Mr. BURR of North Carolina. graphs (1) through (12) shall apply to such H.R. 3433: Mr. BONILLA, Mr. MALONEY of AMENDMENTS loans.’’. Connecticut, Mr. NEY, Mr. DAVIS of Illinois, Under clause 8 of rule XVIII, pro- H.R. 4461 Mr. PASCRELL, Mr. DEUTSCH, and Ms. posed amendments were submitted as OFFERED BY: MR. ANDREWS SCHAKOWSKY. follows: H.R. 3514: Mr. HALL of Texas, Mr. EVANS, AMENDMENT NO. 5: At the end of title VII of Mr. WYNN, Mr. PRICE of North Carolina, and LEGISLATIVE BRANCH APPROPRIATIONS, FY the bill, add the following new section: Mr. GOODLING. 2001 SEC. 753. Section 502(h) of the Housing Act H.R. 3518: Mr. WALDEN of Oregon and Mr. OFFERED BY: MR. NEY of 1949 (42 U.S.C. 1472(h)) is amended by add- OXLEY. AMENDMENT NO. 1: Page 8, line 24, insert ing at the end the following new paragraph: H.R. 3544: Mr. HASTINGS of Washington, Mr. after the first dollar figure the following: ‘‘(13) GUARANTEES FOR REFINANCING DEFAZIO, Mr. GANSKE, and Mr. MARTINEZ. ‘‘(increased by $7,000,000)’’. LOANS.—Upon the request of the borrower, H3524 CONGRESSIONAL RECORD — HOUSE May 22, 2000 the Secretary shall guarantee a loan that is TITLE IX—GENETICALLY ENGINEERED ing the positions of genes), other than a made to refinance an existing loan that is FOOD RIGHT TO KNOW ACT means consisting exclusively of breeding, made under this section or guaranteed under SEC. 901. SHORT TITLE. conjugation, fermentation, hybridization, in this subsection, and that the Secretary de- (a) SHORT TITLE.—This title may be cited vitro fertilization, or tissue culture, and termines complies with the following re- as the ‘‘Genetically Engineered Food Right ‘‘(ii) an organism made through sexual or quirements: to Know Act’’. asexual reproduction (or both) involving an ‘‘(A) INTEREST RATE.—The refinancing loan organism described in subclause (i), if pos- SEC. 902. FINDINGS. shall have a rate of interest that is fixed sessing any of the altered molecular or cel- The Congress finds as follows: over the term of the loan and does not ex- lular characteristics of the organism so de- (1) The process of genetically engineering ceed the interest rate of the loan being refi- scribed. foods results in the material change of such nanced. ‘‘(3) For purposes of subparagraph (1), a foods. ‘‘(B) SECURITY.—The refinancing loan shall food shall be considered to have been pro- (2) The Congress has previously required be secured by the same single-family resi- duced with a genetically engineered material that all foods bear labels that reveal mate- dence as was the loan being refinanced, if— rial facts to consumers. which shall be owned by the borrower and ‘‘(A) the organism from which the food is (3) Federal agencies have failed to uphold occupied by the borrower as the principal derived has been injected or otherwise treat- Congressional intent by allowing genetically residence of the borrower. ed with a genetically engineered material engineered foods to be marketed, sold and ‘‘(C) AMOUNT.—The principal obligation (except that the use of manure as a fertilizer otherwise used without labeling that reveals under the refinancing loan shall not exceed for raw agricultural commodities may not be material facts to the public. an amount equal to the sum of the balance of construed to mean that such commodities (4) Consumers wish to know whether the the loan being refinanced and such closing are produced with a genetically engineered food they purchase and consume contains or costs as may be authorized by the Secretary, material); is produced with a genetically engineered which shall include a discount not exceeding ‘‘(B) the animal from which the food is de- material for a variety of reasons, including 2 basis points and an origination fee not ex- rived has been fed genetically engineered the potential transfer of allergens into food ceeding such amount as the Secretary shall material, or and other health risks, concerns about po- prescribe. ‘‘(C) the food contains an ingredient that is tential environmental risks associated with ‘‘(D) PAYMENT STATUS.—The borrower shall a food to which clause (A) or (B) applies. the genetic engineering of crops, and reli- not be more than 2 months delinquent in ‘‘(4) This paragraph does not apply to food giously and ethically based dietary restric- payments on the loan being refinanced. that— tions. ‘‘(E) TERM.—The term of the refinancing ‘‘(A) is served in restaurants or other es- (5) Consumers have a right to know wheth- loan may not exceed the original term of the tablishments in which food is served for im- er the food they purchase contains or was loan being refinanced by more than 10 mediate human consumption, produced with genetically engineered mate- years.’’. ‘‘(B) is processed and prepared primarily in rial. a retail establishment, is ready for human The provisions of the last sentence of para- (6) Reasonably available technology per- consumption, which is of the type described graph (1) and paragraphs (2), (5), and (9) shall mits the detection in food of genetically en- in clause (A), and is offered for sale to con- apply to loans guaranteed under this sub- gineered material, generally acknowledged sumers but not for immediate human con- section, and no other provisions of para- to be as low as 0.1 percent. sumption in such establishment and is not graphs (1) through (12) shall apply to such SEC. 903. LABELING REGARDING GENETICALLY offered for sale outside such establishment, loans.’’. ENGINEERED MATERIAL; AMEND- or H.R. 4461 MENTS TO FEDERAL FOOD, DRUG, ‘‘(C) is a medical food as defined in section AND COSMETIC ACT. 5(b) of the Orphan Drug Act.’’. OFFERED BY: MR. COBURN (a) IN GENERAL.—Section 403 of the Federal (b) CIVIL PENALTIES.—Section 303 of the AMENDMENT NO. 6: Insert before the short Food, Drug, and Cosmetic Act (21 U.S.C. 343) Federal Food, Drug, and Cosmetic Act (21 title the following title: is amended by adding at the end the fol- U.S.C. 333) is amended by adding at the end lowing paragraph: TITLE IX—ADDITIONAL GENERAL the following subsection: ‘‘(t)(1) If it contains a genetically engi- ‘‘(h)(1) With respect to a violation of sec- PROVISIONS neered material, or was produced with a ge- tion 301(a), 301(b), or 301(c) involving the mis- SEC. 901. None of the funds made available netically engineered material, unless it branding of food within the meaning of sec- in this Act may be used by the Food and bears a label (or labeling, in the case of a raw tion 403(t), any person engaging in such a Drug Administration for the testing, devel- agricultural commodity, other than the sale violation shall be liable to the United States opment, or approval (including approval of of such a commodity at retail) that provides for a civil penalty in an amount not to ex- production, manufacturing, or distribution) notices in accordance with the following: ceed $100,000 for each such violation. of any drug solely intended for the chemical ‘‘(A) A notice as follows: ‘GENETICALLY ‘‘(2) Paragraphs (3) through (5) of sub- inducement of abortion. ENGINEERED’. section (g) apply with respect to a civil pen- ‘‘(B) A notice as follows: ‘UNITED H.R. 4461 alty under paragraph (1) of this subsection to STATES GOVERNMENT NOTICE: THIS the same extent and in the same manner as OFFERED BY: MR. DEFAZIO PRODUCT CONTAINS A GENETICALLY such paragraphs (3) through (5) apply with ENGINEERED MATERIAL, OR WAS PRO- AMENDMENT NO. 7: Insert before the short respect to a civil penalty under paragraph (1) DUCED WITH A GENETICALLY ENGI- title the following: or (2) of subsection (g).’’. NEERED MATERIAL’. (c) GUARANTY.— TITLE IX—ADDITIONAL GENERAL ‘‘(C) The notice required in clause (A) im- (1) IN GENERAL.—Section 303(d) of the Fed- PROVISIONS mediately precedes the notice required in eral Food, Drug, and Cosmetic Act (21 U.S.C. SEC. 901. Notwithstanding any other provi- clause (B) and is not less than twice the size 333(d)) is amended— sion of this Act, not more than $28,684,000 of of the notice required in clause (B). (A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; the funds made available in this Act may be ‘‘(D) The notice required in clause (B) is of and used for Wildlife Services Program oper- the same size as would apply if the notice (B) by adding at the end the following ations under the heading ‘‘ANIMAL AND provided nutrition information that is re- paragraph: PLANT HEALTH INSPECTION SERVICE’’, and quired in paragraph (q)(1). ‘‘(2)(A) No person shall be subject to the none of the funds appropriated or otherwise ‘‘(E) The notices required in clauses (A) penalties of subsection (a)(1) or (h) for a vio- made available by this Act for Wildlife Serv- and (B) are clearly legible and conspicuous. lation of section 301(a), 301(b), or 301(c) in- ices Program operations to carry out the ‘‘(2) For purposes of subparagraph (1): volving the misbranding of food within the first section of the Act of March 2, 1931 (7 ‘‘(A) The term ‘genetically engineered ma- meaning of section 403(t) if such person (re- U.S.C. 426), may be used to conduct cam- terial’ means material derived from any part ferred to in this paragraph as the ‘recipient’) paigns for the destruction of wild animals for of a genetically engineered organism, with- establishes a guaranty or undertaking signed the purpose of protecting livestock. out regard to whether the altered molecular by, and containing the name and address of, or cellular characteristics of the organism the person residing in the United States H.R. 4461 are detectable in the material. from whom the recipient received in good OFFERED BY: MRS. KELLY ‘‘(B) The term ‘genetically engineered or- faith the food (including the receipt of seeds ganism’ means— to grow raw agricultural commodities), to AMENDMENT NO. 8: Page 32, line 20, strike ‘‘(i) an organism that has been altered at the effect that (within the meaning of sec- ‘‘or’’ through ‘‘the American heritage rivers the molecular or cellular level by means tion 403(t)) the food does not contain a ge- initiative’’ on line 21. that are not possible under natural condi- netically engineered material or was not H.R. 4461 tions or processes (including but not limited produced with a genetically engineered ma- to recombinant DNA and RNA techniques, terial. OFFERED BY: MR. KUCINICH cell fusion, microencapsulation, ‘‘(B) In the case of a recipient who with re- AMENDMENT NO. 9: Page 96, after line 7, in- macroencapsulation, gene deletion and dou- spect to a food establishes a guaranty or un- sert the following new title: bling, introducing a foreign gene, and chang- dertaking in accordance with subparagraph May 22, 2000 CONGRESSIONAL RECORD — HOUSE H3525 (A), the exclusion under such subparagraph ‘‘(A) contains a genetically engineered ma- ‘‘(C) packing or repacking the meat food; from being subject to penalties applies to the terial or was produced with a genetically en- or recipient without regard to the use of the gineered material; and ‘‘(D) raising the animal from which the food by the recipient, including— ‘‘(B) does not bear a label (or include label- meat food was derived. ‘‘(i) processing the food, ing, in the case of a meat food that is not ‘‘(3) FALSE GUARANTY.—It is a violation of ‘‘(ii) using the food as an ingredient in a packaged in a container) that provides, in a this Act for a person to give a guaranty or food product, clearly legible and conspicuous manner, the undertaking in accordance with paragraph ‘‘(iii) repacking the food, or notices described in subsection (c). (1) that the person knows or has reason to ‘‘(iv) growing, raising, or otherwise pro- ‘‘(2) RULE OF CONSTRUCTION.—For purposes know is false. ducing the food.’’. of paragraph (1)(A), a meat food shall be con- ‘‘(f) CIVIL PENALTIES.— (2) FALSE GUARANTY.—Section 301(h) of the sidered to have been produced with a geneti- ‘‘(1) IN GENERAL.—The Secretary may as- Federal Food, Drug, and Cosmetic Act (21 cally engineered material if— sess a civil penalty against a person that vio- U.S.C. 331(h)) is amended by inserting ‘‘or ‘‘(A) the organism from which the food is lates subsection (b) or (c)(3) in an amount 303(d)(2)’’ after ‘‘303(c)(2)’’. derived has been injected or otherwise treat- not to exceed $100,000 for each such violation. (d) UNINTENDED CONTAMINATION.—Section ed with a genetically engineered material; ‘‘(2) NOTICE AND OPPORTUNITY FOR HEAR- 303(d) of the Federal Food, Drug, and Cos- ‘‘(B) the animal from which the food is de- ING.—A civil penalty under paragraph (1) metic Act, as amended by subsection (c)(1) of rived has been fed genetically engineered shall be assessed by the Secretary by an this section, is amended by adding at the end material; or order made on the record after opportunity the following paragraph: ‘‘(C) the food contains an ingredient that is for a hearing provided in accordance with ‘‘(3)(A) No person shall be subject to the a food to which subparagraph (A) or (B) ap- this subparagraph and section 554 of title 5, penalties of subsection (a)(1) or (h) for a vio- plies. United States Code. Before issuing such an lation of section 301(a), 301(b), or 301(c) in- ‘‘(c) SPECIFICS OF LABEL NOTICES.— order, the Secretary shall give written no- volving the misbranding of food within the ‘‘(1) REQUIRED NOTICES.—The notices re- tice to the person to be assessed a civil pen- meaning of section 403(t) if— ferred to in subsection (b)(1)(B) are the fol- alty under such order of the Secretary’s pro- ‘‘(i) such person is an agricultural producer lowing: posal to issue such order and provide such and the violation occurs because food that is ‘‘(A) A notice as follows: ‘GENETICALLY person an opportunity for a hearing on the grown, raised, or otherwise produced by such ENGINEERED’. order. In the course of any investigation, the producer, which food does not contain a ge- ‘‘(B) A notice as follows: ‘UNITED Secretary may issue subpoenas requiring the netically engineered material and was not STATES GOVERNMENT NOTICE: THIS attendance and testimony of witnesses and produced with a genetically engineered ma- PRODUCT CONTAINS A GENETICALLY the production of evidence that relates to terial, is contaminated with a food that con- ENGINEERED MATERIAL, OR WAS PRO- the matter under investigation. tains a genetically engineered material or DUCED WITH A GENETICALLY ENGI- ‘‘(3) CONSIDERATIONS REGARDING AMOUNT OF was produced with a genetically engineered NEERED MATERIAL’. PENALTY.—In determining the amount of a material (including contamination by min- ‘‘(2) LOCATION AND SIZE.—(A) The notice re- civil penalty under paragraph (1), the Sec- gling the two), and quired in paragraph (1)(A) shall immediately retary shall take into account the nature, ‘‘(ii) such contamination is not intended by precede the notice required in paragraph circumstances, extent, and gravity of the the agricultural producer. (1)(B) and shall be not less than twice the violation or violations and, with respect to ‘‘(B) Subparagraph (A) does not apply to an size of the notice required in paragraph the violator, ability to pay, effect on ability agricultural producer to the extent that the (1)(B). to continue to do business, any history of contamination occurs as a result of the neg- ‘‘(B) The notice required in paragraph prior such violations, the degree of culpa- ligence of the producer.’’. (1)(B) shall be of the same size as would bility, and such other matters as justice may SEC. 904. LABELING REGARDING GENETICALLY apply if the notice provided nutrition infor- require. ENGINEERED MATERIAL; AMEND- ‘‘(4) CERTAIN AUTHORITIES.—The Secretary MENTS TO FEDERAL MEAT INSPEC- mation that is required in section 403(q)(1) of TION ACT. the Federal Food, Drug, and Cosmetic Act. may compromise, modify, or remit, with or (a) REQUIREMENTS.—The Federal Meat In- ‘‘(d) EXCEPTIONS TO REQUIREMENTS.—Sub- without conditions, any civil penalty under spection Act is amended by inserting after section (a) does not apply to any meat food paragraph (1). The amount of such penalty, section 7 (21 U.S.C. 607) the following section: that— when finally determined, or the amount ‘‘SEC. 7A. REQUIREMENTS FOR LABELING RE- ‘‘(1) is served in restaurants or other estab- agreed upon in compromise, may be deducted GARDING GENETICALLY ENGI- lishments in which food is served for imme- from any sums owing by the United States to NEERED MATERIAL. diate human consumption; or the person charged. ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) is processed and prepared primarily in ‘‘(5) JUDICIAL REVIEW.—Any person who re- ‘‘(1) The term ‘meat food’ means a carcass, a retail establishment, is ready for human quested, in accordance with paragraph (2), a part of a carcass, meat, or meat food product consumption, is offered for sale to consumers hearing respecting the assessment of a civil that is derived from cattle, sheep, swine, but not for immediate human consumption penalty under paragraph (1) and who is ag- goats, horses, mules, or other equines and is in such establishment, and is not offered for grieved by an order assessing a civil penalty capable of use as human food. sale outside such establishment. may file a petition for judicial review of such ‘‘(2) The term ‘genetically engineered ma- ‘‘(e) GUARANTY.— order with the United States Court of Ap- terial’ means material derived from any part ‘‘(1) IN GENERAL.—A packer, processor, or peals for the District of Columbia Circuit or of a genetically engineered organism, with- other person shall not be considered to have for any other circuit in which such person out regard to whether the altered molecular violated the requirements of this section resides or transacts business. Such a petition or cellular characteristics of the organism with respect to the labeling of meat food if may only be filed within the 60-day period are detectable in the material (and without the packer, processor, or other person (re- beginning on the date the order making such regard to whether the organism is capable of ferred to in this subsection as the ‘recipient’) assessment was issued. use as human food). establishes a guaranty or undertaking signed ‘‘(6) FAILURE TO PAY.—If a person fails to ‘‘(3) The term ‘genetically engineered orga- by, and containing the name and address of, pay an assessment of a civil penalty— nism’ means— the person residing in the United States ‘‘(A) after the order making the assess- ‘‘(A) an organism that has been altered at from whom the recipient received in good ment becomes final, and if such person does the molecular or cellular level by means faith the meat food or the animal from not file a petition for judicial review of the that are not possible under natural condi- which the meat food was derived, or received order in accordance with paragraph (5); or tions or processes (including but not limited in good faith food intended to be fed to such ‘‘(B) after a court in an action brought to recombinant DNA and RNA techniques, animal, to the effect that the meat food, or under paragraph (4) has entered a final judg- cell fusion, microencapsulation, such animal, or such food, respectively, does ment in favor of the Secretary; macroencapsulation, gene deletion and dou- not contain genetically engineered material the Attorney General shall recover the bling, introducing a foreign gene, and chang- or was not produced with a genetically engi- amount assessed (plus interest at currently ing the positions of genes), other than a neered material. prevailing rates from the date of the expira- means consisting exclusively of breeding, ‘‘(2) SCOPE OF GUARANTY.—In the case of a tion of the 60-day period referred to in para- conjugation, fermentation, hybridization, in recipient who establishes a guaranty or un- graph (5) or the date of such final judgment, vitro fertilization, or tissue culture; and dertaking in accordance with paragraph (1), as the case may be) in an action brought in ‘‘(B) an organism made through sexual or the exclusion under such paragraph from any appropriate district court of the United asexual reproduction (or both) involving an being subject to penalties applies to the re- States. In such an action, the validity, organism described in subparagraph (A), if cipient without regard to the use of the meat amount, and appropriateness of such penalty possessing any of the altered molecular or food by the recipient (or the use by the re- shall not be subject to review.’’. cellular characteristics of the organism so cipient of the animal from which the meat (b) INCLUSION OF LABELING REQUIREMENTS described. food was derived, or of food intended to be IN DEFINITION OF MISBRANDED.—Section 1(n) ‘‘(b) LABELING REQUIREMENT.— fed to such animal), including— of the Federal Meat Inspection Act (21 U.S.C. ‘‘(1) REQUIRED LABELING TO AVOID MIS- ‘‘(A) processing the meat food; 601(n)) is amended— BRANDING.—For purposes of sections 1(n) and ‘‘(B) using the meat food as an ingredient (1) by striking ‘‘or’’ at the end of paragraph 10, a meat food is misbranded if it— in another food product; (11); H3526 CONGRESSIONAL RECORD — HOUSE May 22, 2000 (2) by striking the period at the end of ‘‘(B) The notice required in paragraph to continue to do business, any history of paragraph (12) and inserting ‘‘; or’’; and (1)(B) shall be of the same size as would prior such violations, the degree of culpa- (3) by adding at the end the following para- apply if the notice provided nutrition infor- bility, and such other matters as justice may graph: mation that is required in section 403(q)(1) of require. ‘‘(13) if it fails to bear a label or labeling as the Federal Food, Drug, and Cosmetic Act. ‘‘(4) CERTAIN AUTHORITIES.—The Secretary required by section 7A.’’. ‘‘(d) EXCEPTIONS TO REQUIREMENTS.—Sub- may compromise, modify, or remit, with or SEC. 905. LABELING REGARDING GENETICALLY section (a) does not apply to any poultry without conditions, any civil penalty under ENGINEERED MATERIAL; AMEND- product that— paragraph (1). The amount of such penalty, MENTS TO POULTRY PRODUCTS IN- ‘‘(1) is served in restaurants or other estab- when finally determined, or the amount SPECTION ACT. lishments in which food is served for imme- agreed upon in compromise, may be deducted The Poultry Products Inspection Act is diate human consumption; or from any sums owing by the United States to amended by inserting after section 8 (21 ‘‘(2) is processed and prepared primarily in the person charged. U.S.C. 457) the following section: a retail establishment, is ready for human ‘‘(5) JUDICIAL REVIEW.—Any person who re- ‘‘SEC. 8A. REQUIREMENTS FOR LABELING RE- consumption, is offered for sale to consumers quested, in accordance with paragraph (2), a GARDING GENETICALLY ENGI- but not for immediate human consumption hearing respecting the assessment of a civil NEERED MATERIAL. in such establishment, and is not offered for penalty under paragraph (1) and who is ag- ‘‘(a) DEFINITIONS.—In this section: sale outside such establishment. grieved by an order assessing a civil penalty ‘‘(1) The term ‘genetically engineered ma- ‘‘(e) GUARANTY.— may file a petition for judicial review of such terial’ means material derived from any part ‘‘(1) IN GENERAL.—An official establish- order with the United States Court of Ap- of a genetically engineered organism, with- ment or other person shall not be considered peals for the District of Columbia Circuit or out regard to whether the altered molecular to have violated the requirements of this for any other circuit in which such person or cellular characteristics of the organism section with respect to the labeling of a resides or transacts business. Such a petition are detectable in the material (and without poultry product if the official establishment may only be filed within the 60-day period regard to whether the organism is capable of or other person (referred to in this sub- beginning on the date the order making such use as human food). section as the ‘recipient’) establishes a guar- assessment was issued. ‘‘(2) The term ‘genetically engineered orga- anty or undertaking signed by, and con- ‘‘(6) FAILURE TO PAY.—If a person fails to nism’ means— taining the name and address of, the person pay an assessment of a civil penalty— ‘‘(A) an organism that has been altered at residing in the United States from whom the ‘‘(A) after the order making the assess- the molecular or cellular level by means recipient received in good faith the poultry ment becomes final, and if such person does that are not possible under natural condi- product or the poultry from which the poul- not file a petition for judicial review of the tions or processes (including but not limited try product was derived, or received in good order in accordance with paragraph (5); or to recombinant DNA and RNA techniques, faith food intended to be fed to poultry, to ‘‘(B) after a court in an action brought cell fusion, microencapsulation, the effect that the poultry product, poultry, under paragraph (4) has entered a final judg- macroencapsulation, gene deletion and dou- or such food, respectively, does not contain ment in favor of the Secretary; bling, introducing a foreign gene, and chang- genetically engineered material or was not the Attorney General shall recover the ing the positions of genes), other than a produced with a genetically engineered ma- amount assessed (plus interest at currently means consisting exclusively of breeding, terial. prevailing rates from the date of the expira- conjugation, fermentation, hybridization, in ‘‘(2) SCOPE OF GUARANTY.—In the case of a tion of the 60-day period referred to in para- vitro fertilization, or tissue culture; and recipient who establishes a guaranty or un- graph (5) or the date of such final judgment, ‘‘(B) an organism made through sexual or dertaking in accordance with paragraph (1), as the case may be) in an action brought in asexual reproduction (or both) involving an the exclusion under such paragraph from any appropriate district court of the United organism described in subparagraph (A), if being subject to penalties applies to the re- States. In such an action, the validity, possessing any of the altered molecular or cipient without regard to the use of the poul- amount, and appropriateness of such penalty cellular characteristics of the organism so try product by the recipient (or the use by shall not be subject to review.’’. described. the recipient of the poultry from which the ‘‘(b) LABELING REQUIREMENT.— poultry product was derived, or of food in- (b) INCLUSION OF LABELING REQUIREMENTS ‘‘(1) REQUIRED LABELING TO AVOID MIS- tended to be fed to such poultry), including— IN DEFINITION OF MISBRANDED.—Section 4(h) BRANDING.—For purposes of sections 4(h) and ‘‘(A) processing the poultry; of the Poultry Products Inspection Act (21 9(a), a poultry product is misbranded if it— ‘‘(B) using the poultry product as an ingre- U.S.C. 453(h)) is amended— ‘‘(A) contains a genetically engineered ma- dient in another food product; (1) by striking ‘‘or’’ at the end of paragraph terial or was produced with a genetically en- ‘‘(C) packing or repacking the poultry (11); gineered material; and product; or (2) by striking the period at the end of ‘‘(B) does not bear a label (or include label- ‘‘(D) raising the poultry from which the paragraph (12) and inserting ‘‘; or’’; and ing, in the case of a poultry product that is poultry product was derived. (3) by adding at the end the following para- not packaged in a container) that provides, ‘‘(3) FALSE GUARANTY.—It is a violation of graph: in a clearly legible and conspicuous manner, this Act for a person to give a guaranty or ‘‘(13) if it fails to bear a label or labeling as the notices described in subsection (c). undertaking in accordance with paragraph required by section 8A.’’. ‘‘(2) RULE OF CONSTRUCTION.—For purposes (1) that the person knows or has reason to SEC. 906. EFFECTIVE DATE. of paragraph (1)(A), a poultry product shall know is false. This title and the amendments made by be considered to have been produced with a ‘‘(f) CIVIL PENALTIES.— this title take effect upon the expiration of genetically engineered material if— ‘‘(1) IN GENERAL.—The Secretary may as- the 180-day period beginning on the date of ‘‘(A) the poultry from which the food is de- sess a civil penalty against a person that vio- the enactment of this title. rived has been injected or otherwise treated lates subsection (b) or (c)(3) in an amount H.R. 4461 with a genetically engineered material; not to exceed $100,000 for each such violation. ‘‘(B) the poultry from which the food is de- ‘‘(2) NOTICE AND OPPORTUNITY FOR HEAR- OFFERED BY: MR. NEY rived has been fed genetically engineered ING.—A civil penalty under paragraph (1) AMENDMENT NO. 10: Page 6, line 16, insert material; or shall be assessed by the Secretary by an ‘‘(reduced by $34,000)’’ after ‘‘$34,708,000’’. ‘‘(C) the food contains an ingredient that is order made on the record after opportunity Page 8, line 3, insert ‘‘(reduced by $33,000)’’ a food to which subparagraph (A) or (B) ap- for a hearing provided in accordance with after ‘‘$8,138,000’’. plies. this subparagraph and section 554 of title 5, Page 9, line 3, insert ‘‘(reduced by $33,000)’’ ‘‘(c) SPECIFICS OF LABEL NOTICES.— United States Code. Before issuing such an after ‘‘$29,194,000’’. ‘‘(1) REQUIRED NOTICES.—The notices re- order, the Secretary shall give written no- Page 10, line 23, insert ‘‘(increased by ferred to in subsection (b)(1)(B) are the fol- tice to the person to be assessed a civil pen- $100,000)’’ after ‘‘$850,384,000’’. lowing: alty under such order of the Secretary’s pro- ‘‘(A) A notice as follows: ‘GENETICALLY posal to issue such order and provide such H.R. 4461 ENGINEERED’. person an opportunity for a hearing on the OFFERED BY: MR. ROYCE ‘‘(B) A notice as follows: ‘UNITED order. In the course of any investigation, the AMENDMENT NO. 11: Page 96, after line 7, in- STATES GOVERNMENT NOTICE: THIS Secretary may issue subpoenas requiring the sert the following: PRODUCT CONTAINS A GENETICALLY attendance and testimony of witnesses and ENGINEERED MATERIAL, OR WAS PRO- the production of evidence that relates to TITLE IX—ADDITIONAL GENERAL DUCED WITH A GENETICALLY ENGI- the matter under investigation. PROVISIONS NEERED MATERIAL’. ‘‘(3) CONSIDERATIONS REGARDING AMOUNT OF SEC. 901. ACROSS-THE-BOARD PERCENTAGE RE- ‘‘(2) LOCATION AND SIZE.—(A) The notice re- PENALTY.—In determining the amount of a DUCTION. quired in paragraph (1)(A) shall immediately civil penalty under paragraph (1), the Sec- Each amount appropriated or otherwise precede the notice required in paragraph retary shall take into account the nature, made available by this Act that is not re- (1)(B) and shall be not less than twice the circumstances, extent, and gravity of the quired to be appropriated or otherwise made size of the notice required in paragraph violation or violations and, with respect to available by a provision of law is hereby re- (1)(B). the violator, ability to pay, effect on ability duced by one percent. 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, MONDAY, MAY 22, 2000 No. 64 Senate The Senate met at 11 a.m. and was RECOGNITION OF THE ACTING order, the time until 12 noon will be called to order by the President pro MAJORITY LEADER under control of the Senator from Illi- tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The nois, Mr. DURBIN, or his designee. able Senator from Arizona is recog- The Senator from North Dakota is PRAYER nized. recognized. The Chaplain, Dr. Lloyd John Mr. KYL. I thank the Chair. Mr. DORGAN. Mr. President, I ask consent to use as much of the time al- Ogilvie, offered the following prayer: f Almighty God, we praise You for new located to Senator DURBIN as I may beginnings and fresh starts. Things SCHEDULE use. The PRESIDING OFFICER. Without never need remain the same. Because Mr. KYL. Mr. President, today the objection, it is so ordered. of Your grace, we need not perpetuate Senate will be in a period of morning f the problems of the past. Last week business with Senators DURBIN and was a week of conflict, sharp disagree- THOMAS in control of the first 2 hours. SUGAR PROGRAM ments, and acrimonious differences For the information of all Senators, it Mr. DORGAN. I noticed in the Wash- over the procedures and methods of is the intention of the majority leader ington Post this morning an editorial I managing the work of the Senate. Here to begin consideration of the agricul- wanted to comment on briefly. Those we are, at the beginning of a new week. tural appropriations bill during Tues- noted experts on agriculture and the We know that we cannot remain dead- day’s session. The leader has an- farm program who write editorials for locked and debilitated by differences. nounced that the Senate will remain in the Washington Post have written an Grant the Senators the willingness to session notwithstanding the Memorial editorial today entitled ‘‘A Deal Too listen to one another. May both parties Day recess in order to complete this Sweet’’ about the sugar program. I can be willing to place the highest priority important spending bill. Therefore, just see them sitting out there in their and value on finding a way to move for- Senators can expect votes throughout Big Ben coveralls dumping sugar into ward together. Remind them that there the week and into the weekend if nec- their coffee, cogitating about Amer- is nowhere else to go, no escape from essary. ica’s sugar program and America’s the responsibility of leading the Nation Mr. President, I observe the absence farm program. I want to suggest to together. Help all of the Senators to of a quorum. them to look in a different direction. discern what is needed for the parties The PRESIDENT pro tempore. The They see a program in this country to function effectively together and clerk will call the roll. where sugar prices are kept far too then to commit themselves to doing The legislative clerk proceeded to high, in their judgment. They believe everything they can do, not to defend a call the roll. the market for sugar would produce position but to discover Your plan for Mr. DORGAN. Mr. President, I ask prices at just a fraction of what the unity and oneness in the spirit of patri- unanimous consent that the order for sugar program currently provides otism. Father, we need You. Our efforts the quorum call be rescinded. sugar producers. I fear the Washington have not worked. We need Your inter- The PRESIDING OFFICER (Mr. Post just does not understand the vention, Your vision for a solution, and KYL). Without objection, it is so or- sugar program or the market. Your power to make things work. Ex- dered. Most sugar in this world is traded tricate us from being part of the prob- f contract to contract between coun- lem to becoming part of Your solution. tries. Very little is traded in the open You are our Lord and Saviour. Amen. RESERVATION OF LEADER TIME market. What is traded in the open The PRESIDING OFFICER. Under market is the surplus or the dumped f the previous order the leadership time sugar. This dumped sugar is traded at is reserved. very low prices, but that does not re- PLEDGE OF ALLEGIANCE f flect the cost of sugar that is traded The Honorable JON KYL, a Senator between countries. MORNING BUSINESS from the State of Arizona, led the For a number of reasons, the sugar Pledge of Allegiance, as follows: The PRESIDING OFFICER. There program is not working as well as it I pledge allegiance to the Flag of the will now be a period for the transaction had in the past. For a long period of United States of America, and to the Repub- for morning business with Senators time the sugar program provided both lic for which it stands, one nation under God, permitted to speak therein for up to 5 stable prices for consumers and also indivisible, with liberty and justice for all. minutes each. Under the previous stable income, or stable support for

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

S4219

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VerDate 11-MAY-2000 01:29 May 23, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.000 pfrm06 PsN: S22PT1 S4220 CONGRESSIONAL RECORD — SENATE May 22, 2000 sugar producers. Is this a worthwhile who raise sugar beets—it is a question rally we will be buying more from goal? I think it is. of do we want to have family farmers abroad and perhaps selling less to We have seen times in this country in this country’s future. them. We will therefore have this trade when the sugar prices spiked up, up, Some say family farmers are a little deficit. way up, which was a terrible disadvan- old diner that got left behind when the These are the same economists, the tage to America’s consumers. We have interstate came through. Yes, it is nos- same ‘‘thinkers,’’ who told us in 1994: seen circumstances as well where farm talgic, yesterday’s news, let’s just get Why do we have a trade deficit? Be- income has dipped way down. That was on with big corporate farms. I do not cause we have a fiscal policy deficit. If devastating to producers. At least with believe that. I believe family farmers we get rid of the budget deficit, we will respect to this commodity, sugar, we contribute to the value and culture of get rid of the trade deficit. developed a program that provides sta- this country in a significant way. If we I can give names, but they are em- bility for both consumers and pro- decide there is no virtue between the barrassed when I read their quotes with ducers. This makes sense to me. crevices of mathematics and con- their names. They are the same econo- The sugar program has not worked as centration—if we decide family farms mists who said we have a trade deficit well in recent months and years. The do not matter—this country will have because we have a budget deficit. They reason, in my judgment, is because the lost something significant, in my opin- said the trade deficit will be gone once current underlying farm program has ion. the budget deficit is gone. No, that is not worked. As prices have collapsed One part of needed farm policy not the reason at all. We do not have a for most other commodities, and as we change, but an important part for trade deficit because we are growing have pulled the rug out from under pro- those who produce sugar beets in our faster than other countries. That is an ducers with a farm program called country, is the retention of a decent absurd contention, just absurd. Freedom to Farm, we have had more sugar program that provides some sta- We have a trade deficit with China acreage put into sugar production in bility of income for producers. I hope because our country is growing faster this country. my colleagues will understand this in than China? No, China has an economy In addition to that, we have had mo- the coming weeks and months as we which is growing very rapidly. Our lasses stuffed with sugar coming in begin discussing the farm program and trade deficit with China, which is very from Canada, which is just another related issues such as the sugar pro- close to $70 billion a year, is because method of transporting sugar into this gram. we are buying more from China than country in excess of the amount agreed f they are buying from us. Is that be- to by our trade agreements. We have a cause they do not need things? No, it is significant threat from Mexico, despite TRADE DEFICIT because they are buying from other what we thought was an agreement on Mr. DORGAN. Mr. President, what countries instead of us. sugar, so we have a whole series of piqued my interest last Friday and this Why do we allow that to happen? Be- threats to those who produce sugar— morning was the announcement of the cause we are weak-kneed and do not cane and beet—in this country. trade deficit. It is interesting to me, have a backbone. Our country has The Washington Post would make the deafening silence that occurs in never had the backbone to say to other the case: Let’s just get rid of the sugar this Chamber and around this town es- countries: You must have a reciprocal program. Others will probably make pecially regarding the monthly an- trade relationship with us. If we are the same case. It would be interesting nouncement of our trade deficit. going to treat you in a certain way and to ask the following question, and per- I prepared a chart that shows our we welcome you into our marketplace, haps get an answer from the Wash- growing and alarming bilateral mer- then we must be welcome in your mar- ington Post and others who believe chandise trade deficits. This is last ketplace. We have never had the back- this. The question would be: While year, 1999. As announced on Friday, our bone to do that. sugar prices have fallen by a fourth monthly merchandise trade deficit rose On Friday, the merchandise trade since 1996, has anyone seen a reduction to $37 billion. We have a surplus in our deficit with Japan increased from $6.7 in the price of sugar at the grocery services trade balance, so if services billion to $6.8 billion. That means, with store? Let me repeat, prices to the pro- are included the net effect is a $30 bil- Japan, we have a merchandise trade ducer have fallen by one-fourth; has lion merchandise and services deficit. deficit approaching $80 billion. How anyone seen a reduction in the price of In other words, we buy $1 billion a day many years do you have to have $50 bil- sugar at the store? What about candy more from other countries than we sell lion, $60 billion, $70 billion, $80 billion bars, cereal, ice cream, cookies? to other countries—$1 billion a day. trade deficits with the same country The answer is no. In fact, during that What does that mean? It means that before someone will stand up and say: same period of time, while the price of is the debt we have and the liability we There is something wrong here. They sugar to the producer has fallen by a incur. keep selling us all of their goods, but fourth, those prices—candy, cereal, ice Does it matter? We had people doing they buy what they need from others. cream, cookies, and cake—are up 7 to handstands and having apoplectic sei- I represent, for example, ranchers. I 10 percent. zures on the floor of the Senate for know I mentioned this before. I rep- The point is this. This program has years and years about the fiscal policy resent farmers and ranchers and oth- worked and can work again if we have deficit. They would come and talk ers. Every pound of American beef a decent farm bill. But it will not work about the Federal budget deficit, what going into Japan today has a 38.5-per- in the long term unless we amend and a god-awful thing it was—and it was— cent tariff on it. This is a country that change the Freedom to Farm legisla- $300 billion a year and rising out of has a nearly $80 billion trade surplus tion which is the underlying problem sight. with us, or we have a deficit with with all farm commodity prices. With respect to this merchandise and them. Send a T-bone steak from Dick- This is not the time, and we should services deficit—$30 billion a month inson, ND, to Tokyo, Japan, and there not allow those who preach it to decide net, $37 billion with respect to mer- is going to be a 38.5-percent tariff on the sugar program ought to be re- chandise or manufactured goods, over the T-bone steak. What is that about? pealed. The sugar program has worked, $1 billion a day—one cannot find any- Does one think we would be considered and it is good for sugar producers and body who pays any attention to it or a massive failure in international trade consumers in this country. cares much about it. Why? Because the as a country if we had 38.5-percent tar- I wanted to make the case that those institutional thinkers in this country, iffs on products imported into our who editorialize about it, including once again on Friday, were genu- country? Of course we would. this morning’s editorial, in my judg- flecting, as they always do when this Yet we have a trade relationship with ment, are wrong. I respect their opin- news comes out, about how the deficit Japan that allows them to have a 38.5- ion, but I think they are wrong. It is, is not such a bad deal. This trade def- percent tariff on beef—this is after we once again, a question not just for icit means America is growing faster reached an agreement with them, by those who produce sugar—in my part of than other countries. If we are growing the way. We had a big trade agreement the country, there are family farmers faster than other countries, then natu- for beef producers about 10 years ago.

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.016 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4221 At the end, one would have thought The person who wrote this article in China has made other agreements with these folks just won the Olympics. today’s Wall Street Journal did not us and has not complied with them at They celebrated and had a day of feast- provide the name of the analyst. These all—and only if it provides some re- ing and rejoicing because this country are just anonymous analysts: sponsible monitoring of human rights had this great trade agreement with Analysts say they remain sanguine be- in China. Japan. Yes, we have gotten more beef cause the underlying fundamentals that fuel But having said all that, these votes into Japan, but every pound of beef the deficit remain unchanged. America’s are not about the bilateral trade agree- today that goes into Japan has a 38.5- economy is stronger than the economies of ment. We do not need PNTR to do what percent tariff on it. That is outrageous. trading partners, and that’s why we have we should do with China. In Wash- I will go through a couple of other these trade deficits. ington, DC, because there are so many countries to close the loop. That is absurd, just absurd. Why do interests here that are working on this Mexico. We have a trade agreement we have a big trade deficit with Japan? PNTR issue, you can’t turn on the tele- with Mexico called NAFTA, the North It is because we lack a backbone. For vision without seeing another ad by big American Free Trade Agreement. I re- 15 years, we have allowed Japan to interest groups that are saying: You member the two economists, Hufbauer throw their goods into our marketplace must vote for China PNTR. and Schott. They said if we do this and keep their marketplace relatively Regrettably, they misstate it. They trade agreement with Mexico and Can- closed to American goods. The same is say: If we don’t vote for PNTR, the ada, this country will have 300,000 or so true with China. The same is true with Chinese marketplace will not be open. new jobs. many other countries. That is absurd. It does not make any At the time, we had a trade surplus This country needs to have the back- sense at all. with Mexico. That trade surplus with bone to say to other countries: Here is The vote on China PNTR isn’t about Mexico is now over a $20 billion trade a mirror. Look closely because what whether the Chinese marketplace is deficit. Immediately after we passed you see in that mirror is what you will open; it is a vote on whether normal NAFTA, signed a new trade agreement get. You are welcome to come into our trade relations with China will be made with Mexico, and reduced tariffs on country with your goods and services. permanent—just that; and only that. It United States goods going into Mexico, Our consumers welcome them, and we is not even a vote on the bilateral Mexico devalued its currency and welcome them. But you should under- trade agreement we reached with China washed out any gains. In fact, the de- stand, the price for admission to the last year. valuation was much higher in terms of American marketplace is that your Having said all that, as I said, I voted its effect on the tariffs, so it more than markets be open to our producers, to for normal trade relations previously. I washed out any gains. A trade surplus the products of our workers and our think China is going to be a significant influence in our lives, and I prefer it be with Mexico was turned into a very production plants. If it is not, then you a good influence rather than a bad one. large trade deficit. The trade deficit are going to pay a price for that. I happen to think that involvement is with Mexico in March was $1.9 billion— About 30 to 40 percent of Chinese ex- preferable to noninvolvement. But that for just a month. ports are sent to the United States. We What about Canada? Canada had a are a ‘‘cash cow’’ for China’s hard cur- does not excuse the relationship that exists between China and the United modest trade surplus with us, or we rency needs. There is no substitute on States in which our trade negotiators had a modest trade deficit with Can- Earth for the American marketplace. come so far short of reaching an agree- ada, and then we passed NAFTA, the China needs this marketplace. The ment that is in our interest. I will give North American Free Trade Agree- closing of this marketplace would lead China to collapse immediately. Mr. you an example. ment. The announcement Friday said China has 1.2 billion people. On the President, 30 to 40 percent of their ex- the goods deficit with Canada is now issue of automobiles in the recently ne- $3.9 billion, almost $4 billion. Our an- ports are to the U.S. economy. So we say to China: That’s all right. gotiated agreement with China, after a nual deficit with Canada is somewhere phase-in period, there will remain in You keep shipping all your products in the neighborhood of $30 billion to $40 China a 25-percent tariff on any auto- here. Ship us your shirts and your billion. mobiles the U.S. would send to China. shoes and your trousers and your trin- With respect to the European Union, Any automobiles that China would kets. You keep shipping all the mer- Friday the announcement was that the send to the U.S. would have a 2.5-per- chandise you want to the United merchandise trade deficit with the Eu- cent tariff. So China will retain a tariff States, and that’s fine if you want to ropean Union rose from $3.5 billion in that is 10 times higher than the U.S. on prevent us from accessing your mar- February to $5.7 billion in March, the vehicles moving back and forth. This is ketplace. most recent month for which data has a country that has a nearly $70 billion We just negotiated a bilateral trade been reported. surplus with us. I will comment on our trade deficits agreement with China. We had folks up I ask the question: Why? Why would with Japan and Mexico a little later. all night over in Beijing and here. They a negotiator sit across the table and I taught economics briefly in college. were working back and forth and trad- agree to a proposition that China can I understand about economists. It is ing and doing the things you do when have a tariff that is 10 times higher on much less a discipline than it is some you negotiate a trade agreement. They automobiles than we can? psychology pumped up with helium. It finished a trade agreement. The vote The answer? The answer is: It is so is just being able to say anything at we are going to have in the House this much better than it was. The old tariff any time about almost any subject. week, and subsequently, perhaps a on automobiles was so much higher. This is what the economists say. week or two later in the Senate, is not We brought it down so far. In today’s Wall Street Journal, Mr. about this trade agreement. We do not I said: Why don’t you sit down at the Wiegand says: get the opportunity to vote on the bi- table, and hitch up your belt, and say, This deficit will start to shrink as the Fed- lateral trade agreement with China. All right, let’s begin negotiating recip- eral Reserve continues to raise interest rates The vote is going to be: Do we accord rocal policies and the same tariff. Why to slow the U.S. economy. China permanent normal trade rela- can’t our negotiators do that? Oh, yes, that is probably a pretty tions? Our trade negotiators would say: Oh, good solution: Drive the economy into I have voted for normal trade rela- you can’t do that because we are start- the ditch. That will probably take care tions in the past. The only difference in ing from different points. of it. I do not dispute them. If Alan this vote is: Shall it be permanent? But It is time we start from the same Greenspan continues to choke the neck it is not a vote on the bilateral trade point. It is time we demand that our of the American economy and drives agreement with China. Frankly, I do trade negotiators begin dealing with this economy into the ditch, yes, I sus- not know how I am going to vote on this trade deficit with respect to what pect we will probably be buying less permanent NTR. At this point, I am is really causing it. from abroad. It is probably not very leaning, perhaps, to vote in favor of it, These economists are wrong when good medicine to kill what ails us, in but only if it includes a commission to they say the problem is that our coun- my judgment. monitor trade compliance—because try is growing too fast, other countries

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.018 pfrm06 PsN: S22PT1 S4222 CONGRESSIONAL RECORD — SENATE May 22, 2000 are growing too slow, and therefore we understand all this. The problem is, I pany might say: We can solve that have a big deficit. The reason we have think I do understand it. issue. We don’t have to deal with min- a big deficit is that when China wants In the budget deficit debates, we used imum wages. We will move this plant to buy airplanes China says: We are to have people come to the floor and from the United States to Bangladesh, going to manufacture the airplanes in say: Think of it in terms of your own and we won’t have to pay minimum China. That is not the way you do busi- family. If you’re running up a deficit, wages. People fought a long time over ness. If they are going to sell us all you have to pay it sometime, don’t the issue of child labor. They may say: their commodities, then they have a you? Well, we can solve that. We will move responsibility to buy from us what we Think of the trade deficit in terms of our plant overseas and we will put 12- have to sell. If they need airplanes, your own family unit. If the country is year-olds in the plant and we will pay they ought to buy airplanes built in your family, and you are buying much them 12 cents an hour. We will work the United States of America. If they more than you are selling and, there- them 14 hours a day, and we won’t have need wheat, they ought to buy wheat fore, incurring a deficit that continues to meet plant safety standards. That is from the United States. In other words, to grow, is that a problem? Will it at an easy way to pole-vault over those trade relationships ought to be recip- some point come back and bite you? issues. rocal. But our trade negotiators never Will that be a problem for this coun- How about dumping chemicals into require that. try? Will it inhibit America’s economic the streams or into the air? A company Is this a criticism of the current ad- growth? Will the fact that the current can say: We can solve those issues. You ministration? You bet—the past ad- accounts’ deficit—measured by recur- know that plant where we are going to ministration, and every administration ring trade deficits—allows foreigners hire kids to work, and pay them 12 for the last 20 years. None of them have to hold American dollars with which cents an hour, and work them 14 hours had any backbone. they can make decisions about whether a day, and not worry about safety? We I stand here and talk about this be- to invest in this country, and how to can also dump the raw chemicals into cause the trade deficit report came out invest in this country, be a problem for the water and into the air. last Friday, and it said that the mer- this country? Well, that raises the question, I am chandise and services trade deficit was I think it is. My only point is that afraid: Should there be an admission $30 billion in a month. That is roughly last Friday should not pass without no- price to the American marketplace? $340 billion a year more in manufac- tice—a Friday in which we say the Should the admission price be at least tured goods that the United States merchandise and services trade deficit that there are fair rules of trade? I bought than it sold. is now $30 billion this month alone. have asked folks, and one honestly said I know I will have people listening to That news occurs at the same time the to me he thought it was fine. If the this who will say: That guy is just a Chairman of the Federal Reserve Board marketplace decided that you can protectionist. They are wrong. I am says our country is growing too rapidly amass the capital and employ kids in not a protectionist in the definition of and we need to slow it down with an- unsafe conditions and pay them pen- the word used pejoratively. One who other one-half of 1 percent interest rate nies, if you can produce a product the seeks protection is somebody who increase. consumer wants, it is fine for that wants to build a wall around the coun- Well, I am telling you, I think the product to be in our marketplace. I re- try and keep everybody out. That is combination of those two pieces of eco- spectfully disagree with that perspec- not my view of it at all. We have a nomic news ought to be very sobering tive. Globalization requires the attend- global economy. We have an expanding to all Americans. Yet, as I said when I ance of rules, in my judgment, that re- reach of opportunities around the started, there is this deafening silence late to the kinds of issues we fought world. in the Chamber. Almost nobody will over for 100 years in this country. But this country has to understand come and talk about the trade deficit Others would say, well, you are try- that times have changed. After the end because they will be branded by espe- ing to export American values. There of the Second World War, for the first cially the corporate world as people you have it. That is exactly what is 25 years, our trade policy was almost who don’t understand, who want to necessary in the global economy—ex- universally foreign policy. We would build a wall around this country, peo- porting the values of saying that fair engage with another country with one ple who are protectionists. Yes, I want competition is not competition with 12- hand tied behind our back, and say: Do to protect America’s economic inter- year-old kids being paid 12 cents an you want some help? Here is a trade ests. Of course, I do. I am an American hour. Fair competition is not competi- policy that is concessional to you be- and, of course, I want to do that. tion between a plant in Pittsburgh that cause you’re struggling, you’re flat on But I believe the protection of our in- has to meet air pollution standards and your back, your economy is devastated terests involves understanding that the water pollution standards, competing because of the Second World War. We economy has changed. This is a global with a plant owned by the same com- want to help you get back on your feet. economy but we must have fair trade pany somewhere that can dump all of Therefore, our trade policy was largely rules. If we decide as a country that their chemicals into the streams and foreign policy. That was fine because nothing matters that we fought about into the air. we could beat anybody with one hand for the last 100 years, and that the Those are our range of issues with tied behind our back. globalization of our economy somehow which we have to deal. All of those But the second 25 years post-Second should pole-vault over all of those issues, incidentally, relate to a very World War have been different. We issues, then we will, in my judgment, significant and unhealthy growth in have shrewd, tough, economic competi- have lost substantial ground. We had this country’s trade deficit. tors. We have still tied the hands of people die in the streets in this coun- Let me come back for a moment to America’s producers and America’s try. They were shot and clubbed to the vote that will be very controversial workers, and have provided death because they fought for the basic on China’s permanent normal trade re- concessional terms in trade negotia- principle of workers being able to orga- lations. Last week—and I know I di- tions to virtually every other country. nize. People died for that right in this gress here—I was thinking of coming to That is the only basis that you could country. the floor and submitting in a bill that excuse a recurring trade deficit with Some companies will say: I know was says the Federal Reserve Board cannot Japan that is $50 and $60 and, now, $70 a problem in America because you have go into a room and lock the door in billion a year—year after year after all these collective bargaining issues. something called the ‘‘Open Market year after year. The only thing you can The way to get rid of that issue is we Committee’’ and continue to call it call that is neglect—yes, by Republican will take our manufacturing plant and open. I was thinking of putting in a bill administrations and Democratic ad- close it. We will move to a country that requires them to call this a ministrations. That is neglect. where workers can’t organize, and we ‘‘closed market committee.’’ If they People who hear this will say: That will not have those problems. People in are going to lock the American people guy just doesn’t understand that you this country fought so long for a min- out, they should not call it an open can’t see over the horizon. He does not imum wage and a livable wage. A com- committee. Just as I was thinking of

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.040 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4223 doing that—and I decided against it for We also have a juvenile justice bill issues out here that the American peo- the moment—we ought not to call it that is trying to close a loophole in ple are interested in—marriage tax normal trade relations with China, or gun shows. When you buy a gun, you penalty relief, tax relief in other areas, Japan, or, for that matter, Europe; we have to run your name through an in- farming, education, and critical needs ought not to call normal trade rela- stant check to see whether you are a of the men and women in the armed tions a circumstance that give us a $50 felon. If you are a felon, you don’t have services. But, unfortunately, as each of billion, $60 billion, $70 billion, or $80 the right to own a gun. It would close these things has come up, we found billion trade deficit. There is nothing the gun show loophole. Now you can go ourselves being stopped from moving normal about our trade relations with to a gun show and buy a gun and you forward either by unrelated amend- Japan. There is nothing normal about don’t have to run your name against ments or objections to moving forward. having a $50 billion, $60 billion, or $70 anything. A felon can buy a gun, re- I really think we should analyze where billion trade deficit every single year. grettably. That is not anti-gun; it is a we are and what we are seeking to do. That is abnormal. Now, I could not get moderate, thoughtful step to extend In my view, in general terms, what is the votes, perhaps, to rename that ‘‘ab- the instant check. That is in the juve- happening is that there is more of an normal trade relations,’’ but it is not nile justice bill. That is not on the interest, particularly on that side of normal, and we ought not to consider floor of the Senate. the aisle, in simply trying to create it normal to have this sort of cir- This Senate has been at parade rest issues rather than create solutions. cumstance exist. for some long while. It is time to take Each time we bring up a basic bill, we In the last decade, it has gotten action on the things the American peo- come back to amendments that have worse, not better. The mantra of so- ple want us to act on. We ought to deal already been dealt with, and they in- called ‘‘thinkers’’ who are quoted—in- with a Patients’ Bill of Rights, and we sist on dealing with them again. cidentally, they are the same people ought to bring to the floor of the Sen- The majority leader is trying to deal because when reporters write the sto- ate the legislation that deals with the with a number of issues. One of them, ries, they call the same people, ‘‘think- gun show loophole in the juvenile jus- of course, is education. We are dealing ers’’. These same people have put the tice bill. We ought to have an oppor- with the whole question of elementary same quotes in the stories every month tunity to debate the Elementary and and secondary education. We are for 10 years. Even though the times Secondary Education Act without blocked by that side of the aisle from have changed and the thinkers were somebody hovering and saying: Before meaningful educational reform. We are demonstrated to not be accurate, they you do that, I have to approve the trying to deal with the idea of moving just change their story. That is why amendments you offer. There are no forward with the kind of funding the the story has changed now from their gatekeepers here. The rules of the Sen- Federal Government can provide for el- original saying that when we had a ate don’t provide for gatekeepers. ementary and secondary education. budget deficit you are therefore going In the coming months, we have the There is a difference of view. Yes, in- to have a trade deficit. They say now opportunity to address health care, deed, we have a difference of view. The that wasn’t it; now it is because we are education, juvenile justice, and things basic difference of view is to the extent growing too fast. There must be some that matter in this country. The only the Federal Government is involved in familial relationship here with the reason they are not on the floor of the the funding of local schools. Those Chairman of the Fed because he also Senate with extended debate, or out of local schools, their leaders, the school thinks we are growing too fast. It must conference which exists now, is because boards, and the counties and States be the same group of thinkers. There the leadership doesn’t want them on ought to have the basic right to make must be a genetic code that exists be- the floor of the Senate. I must say that the decisions as to how that money is tween these folks. in the coming weeks and months we in- used. I think it is pretty clear that the Again, I digress. I came to the floor tend to do everything we can possibly needs are quite different. to simply say I don’t want Friday’s no- do within the rules of this Senate to Yesterday, I spoke at the commence- tice of this dramatic increase in the make sure those are the issues we de- ment of a small school in Chugwater, trade deficit to not be discussed at bate in the Senate this year. WY. The sign on Main Street said least at some length in the Senate. It The PRESIDING OFFICER. Under ‘‘Population 197.’’ There were 12 grad- is important that we discuss it and the previous order, the time until 1 uates at this school. They come from, begin to provide remedies for it. p.m. shall be under the control of the of course, the surrounding agricultural Mr. President, how much time re- Senator from Wyoming, or his des- area. I can tell you that the mains? ignee. educatioonal needs in Chugwater, WY, The PRESIDING OFFICER. There Mr. THOMAS. Mr. President, I sug- are likely to be quite different from are 2 minutes remaining. gest the absence of a quorum. those in Pittsburgh. The notion that in f The PRESIDING OFFICER. The Washington you set down the rules for clerk will call the roll. expending the funds that are made ISSUES FOR THE SENATE TO The legislative clerk proceeded to available in Federal programs we do CONSIDER call the roll. not think is useful. I understand there Mr. DORGAN. Mr. President, there Mr. THOMAS. Mr. President, I ask are differences of view. are a lot of issues in the Senate with unanimous consent that the order for But I guess my entire point is that which we ought to be dealing. Most of the quorum call be rescinded. we are always going to have different the important issues we are avoiding. The PRESIDING OFFICER (Mr. BEN- points of view and we should have an Now, there exists in this Congress NETT). Without objection, it is so or- opportunity to discuss those and oppor- something called a Patients’ Bill of dered. tunities to offer alternatives. But we Rights. It is in conference and we can’t f have to find solutions, and we have to get it back. Why? Because big money move forward. That is why we vote. interests have decided they want to A RECORD OF OBSTRUCTIONISM That is why there is a majority that block it; they don’t want a Patients’ Mr. THOMAS. Mr. President, this has a vote on issues. But the idea that Bill of Rights. We ought to have that morning I listened to my friend, the you have a difference of view and, be- on the floor of the Senate and the Senator from North Dakota, talk about cause you don’t get your view in, it is House, out of this conference, and we what we ought to be doing in the Sen- going to stop the process is not what should pass a decent Patients’ Bill of ate. I must tell you I couldn’t agree we are talking about. Rights. more that we need to be moving for- Education, of course, is just one of We ought to be able to employ the ward. I also must tell you I have a to- the areas. There is the question of the opportunities to offer amendments on tally different view as to why we are marriage tax penalty and the question the Elementary and Secondary Edu- not. of tax relief and tax reform. But, quite cation Act when it is here and We have actually been seeking to frankly, more than anything, there is strengthen this country’s education move forward for some time. The Re- the question of fairness—where a man system. But are we able to do that? No. publicans have had a number of critical and woman can work at two jobs before

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.043 pfrm06 PsN: S22PT1 S4224 CONGRESSIONAL RECORD — SENATE May 22, 2000 they are married, earn a certain cent of the land is owned by the Fed- this administration simply says we are amount of money, and continue to eral Government and is managed by not going to allow their use anymore work on those jobs and earn the same the BLM or by the Forest Service or by and ignores alternative techniques. amount of money, but after they are the Park Service, and it is a good oper- Also, it ignores the fact it has been married they pay more taxes. The pen- ation. In some States federally-owned going on for 20 years in most parks. alty is approximately $1,500 a year. We land is as high as 86 percent. We could separate cross-country ski- have been fighting to change this for a It is quite different when we start to ers from snow machine operators and very long time. President Clinton deal with the public land issue, of require through EPA that the ma- pledged in his State of the Union Ad- course. It is sometimes dealt with chines be quieter and less polluting. In- dress in January to reduce those taxes. quite differently in the West than the stead of seeking to manage them, we It would be a very large tax reduction East. That is proper. We have been have been ignoring this for 20 years, for American families. However, we faced with a number of things that and suddenly they abolish their use. I still have the playing of politics on the make it very difficult to have access hope we have a hearing this week to floor and that bill has not yet passed. available for the people who own these take a look at how that might be re- We will be seeking to do some things public lands. We are dealing, for in- solved so people will still have the op- in agriculture. I agree with the Senator stance, with the operation of the For- portunity to visit facilities that belong from North Dakota on some of the ag- est Service and 40 million acres of road to them, facilities that are unique, fa- ricultural issues. We have been trying lands. I have no particular objection to cilities that should be available to be to deal with crop insurance. We have taking the road lands. We don’t need used by whomever wishes to use them been trying to get that done. It is cer- roads everywhere, but we need to do it properly, hopefully, year round. tainly something that ought to be done on an area-by-area basis to see what My friend from North Dakota men- as we move forward towards more of needs access. Sometimes the accusa- tioned the sugar program, one that the marketplace in agriculture. It has tions suggest we help timber producers needs to be examined and discussed. We not been done because we have had ob- or grazers. have had large newspapers, including jections on the floor. The fact is, we have heard from vet- editorials, that have not told the story I have to tell you we have had, and erans who can’t walk 17 miles with a fairly. They talk about a program that continue to have, a record of obstruc- pack on their back. If we don’t have has caused consumers to pay more for tionism that I think really needs to be road access, they are not able to use sugar than they would otherwise. I reviewed and resolved. It took five the forests. We have heard from chil- don’t believe that is factual. The fact is votes before we could break the Demo- dren, as well. the world price for sugar is not a world crat filibuster and pass the Ed-Flexi- The administration puts out a block price established by the market but is bility bill in 1999. pronouncement that we will have 40 a dump price from countries that have Do you remember when the Repub- million acres of wilderness, without subsidies for sugar. When they have an licans offered the lockbox idea where knowing what the plans are, without excess, it goes in at a lower price. If we we were seeking to ensure that money including Congress in the process, are going to talk about the program, which comes in for Social Security without holding hearings or providing we ought to be discussing facts. That would be in the Social Security fund an opportunity for people to respond. information ought to be mentioned. and not be expended on non-Social Se- There was nothing there to respond to. The sugar program has not been sub- curity ideas? It was opposed six times Hopefully, that will be changed. sidized. The costs to consumers have by Senator Democrats, even after it The Antiquities Act provides an op- not gone up but have gone down. The had been passed in the House the year portunity for the President to declare costs to producers have not gone up before by a vote of 416 12. In Roll Call, large amounts of land for different uses but, indeed, have gone down. We have a which is the House paper, in May of and restricts uses exercised readily by program that has worked. 2000, the Senator from Massachusetts this administration over the past year My point is it is necessary to under- promised to eventually work with his and a half. The BLM has a plan not to stand the purpose of the program, what colleagues on the education plan. But allow off-road use of BLM lands. We it is designed to accomplish, and then then he was quoted as saying: We will have bills before the Congress setting do what is necessary in the interim to do that when AL GORE is elected Presi- aside a billion dollars a year for the ad- ensure that purpose is nurtured. dent. We will all sit down next year ditional purchase of Federal lands on a I think there are many issues we and have a consensus. mandatory basis as opposed to going must cover. We have 13 appropriations I don’t think we are here to seek to through the appropriations. These are bills with which to deal. We have ap- establish those kinds of issues for Pres- all designed, it seems to some, to re- proximately 60 legislative days remain- idential elections and ignore what we duce access to lands which are not only ing for the Senate to complete its can do here. We are sent here to resolve there for recreation, not only there for work. We have 13 bills with which to problems, to deal with them, and come the use of everyone, but certainly there deal. The appropriations, of course, are to solutions. They have been out there is a large impact on the economic fu- very much the basis for what we do in on the floor. But, unfortunately, the ture of States in the west. the Federal Government. There are all whole idea of obstructionist tactics We plan to have a hearing this week kinds of issues. But the amount of seems to be where we are, and we need after a pronouncement from the Park money provided and the way it is spent to change that. Service that all parks will no longer has a great deal to do with what we are There are a number of issues, of allow the use of snow machines by win- doing in the Congress, what kinds of course, that are of particular concern ter visitors. Yellowstone Park and programs we are involved in, how much to people from the West, including my- Grand Teton Park are in Wyoming. the programs cost, how much we want self. We have had a great deal of activ- Many people in the winter enjoy these to invest in the programs. Right now, ity in the administration with regard unique scenes on snowmobiles. The it has a great deal to do with what we to public land management. All of it Park Service, without hearings, with- do with overall revenues that come seems to be oriented towards the effort out input by the Congress or by anyone into the Federal Government. on the part of this administration, on else, has announced there will be a Indeed, as it appears, we have a sur- the part of the President, and on the total cancellation of the opportunity of plus. We have to make some tough de- part of the Secretary of the Interior to people to visit their parks in the win- cisions as to how much government we develop for themselves some kind of a tertime. want. How do we divide the govern- legacy—a little like Theodore Roo- Again, I have no objection to taking ment between the responsibilities ac- sevelt, apparently. a look and changing some rules. Some cepted and taken on at the Federal There are a number of things that of the machines have been too noisy, level as opposed to those taken on at have to do with access to public lands. some machines have excessive exhaust. the local level. The fact that there is Here again, it is quite different, de- But they can be changed. Rather than money certainly is an encouragement pending on where you live in this coun- finding an alternative for people vis- to again expand the role of the Federal try. In Wyoming, for example, 50 per- iting the parks, which belong to them, Government. Many believe that is not

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.019 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4225 the proper way to proceed; We ought to C–SPAN and I heard my colleague from and had never been done before, then do the essential things. Wyoming speak out about some of his what he was saying simply was not an Clearly, there is a difference of view concerns as they relate to conduct of accurate statement. about that. There is a difference of phi- priority business on the floor of the The rules of the Senate are very easy losophy. There are those who genuinely Senate. I am pleased he would come to understand and fairly straight- believe the more money that can be this early afternoon to discuss what I forward. For instance, a cloture vote, spent through the Federal Govern- think is really a very important and as far as its dictionary definition, is a ment, the more it helps people, and necessary issue for all of us to under- petition to limit debate. The petition that is what we ought to do—continue stand but, more importantly, for the must be signed by 16 Senators. It is to always increase the size and activity public that pays close attention to then voted on by the entire Senate, and of the Government. what we do to understand. it takes 60 votes to invoke cloture; in Others, including myself, believe During debate last week, after the other words, to move on. Cloture is a there are essential finances for the vote concerning the Byrd-Warner formal way of ending a filibuster, or Federal Government to carry forth, but amendment on the President’s open- ending intentional debate that pro- the best way to do it is to limit that ended mission in Kosovo, several longs the proceedings of the Senate. A Federal Government to allow local things were said by the minority leader filibuster, of course, is a time-delaying governments to participate more fully, that I feel need to be corrected. If you tactic, a strategy used to extend de- to allow people to continue to have were to take the minority leader at bate, as I just mentioned, and ulti- their own tax dollars. face value last week, I think you would mately to prevent a vote from being The longer I am in Washington, the have gotten a distorted view of what taken by Senators. more I am persuaded the real strength we did in the Senate and what was an By the way, the term ‘‘filibuster’’ of this country does not lie with the appropriate and necessary approach. comes from the early 19th century Federal Government. Obviously, it is The day before the vote on the Byrd- Spanish or Portuguese pirates’ term essential. Obviously, it is important. Warner amendment, the Senate passed ‘‘filibusteros,’’ meaning those who held Functions such as defense can only be a rule that said only germane amend- ships hostage for ransom. Therefore, in performed by the Federal Government. ments could be offered to appropria- order to stop a filibuster, a tactic used Communities are shaped by things tions bills. ‘‘Germane’’ is a technical to hold the Senate hostage, a cloture people do through local government or term for relevant. The following day, motion must be filed. It is the formal voluntarily. These mean so much to the minority leader stated before us: beginning of the process to end a fili- the strength of communities. We have buster. a program called the Congressional No majority leader has ever come to the floor to say that, before we take up a bill, we Let me go back to what the minority Award Program in which young people have to limit the entire Senate to relevant leader said last week. He said that ‘‘No are urged to take on community activi- amendments. majority leader has ever come to the ties. We give out medals. It is wonder- Those are the minority leader’s floor to say that’’—meaning we ought ful to see the activities in which the words, straight out of the CONGRES- to limit debate and move to the rel- young people become involved. It is SIONAL RECORD. When I heard that, I evant issues of the day. He said that— wonderful to see themselves in the fu- was surprised, and I began to think ‘‘before we take up a bill, we will have ture as doing volunteer things, as be- about past Senates, past Congresses. I coming leaders, taking the risk of lead- to limit the entire Senate to relevant began to do some research. I must tell ership, and spending their personal amendments.’’ In other words, shaping you I was surprised that the minority time to strengthen that community. the debate, moving it along in a timely We do have real differences of opin- leader would, in fact, make that state- fashion. ion. That is why we are here. We have ment. The minority leader also said That statement caused me to take a a system for resolving those dif- that he would defy anybody to come to short walk down memory lane. Let me ferences. Not everybody wins these de- the floor and challenge the statement. take us all back to the 103d Congress. bates. Some lose and some win. It is I am here today, I did my research over The Senate was controlled by Demo- not a winning proposition to obstruct the weekend, and I challenge the state- crats, not Republicans, under the progress. I think that is where we find ment of the minority leader. I think it watchful eye of the majority leader, ourselves. is time the American people under- George Mitchell. During the same Con- I hope the leaders and Members on stand exactly what he meant and why gress, almost 300 legislative measures both sides of the aisle will take a long he meant it. were enacted into law. Of those 300 look at our position. We need to have a We have important and critical legis- measures, Senator Mitchell considered system where everyone with different lation that needs to be passed in a 15 of them to be the object of a fili- ideas gets to present their ideas, but timely manner to deal with all that is buster. In other words, Senator Mitch- we have to do it in an organized way, important for the millions and millions ell feared that there would be a fili- where the amendments are germane to of Americans whose lives are impacted buster on a particular piece of legisla- the issue. Now we find ourselves with by what we do here. tion. Senator Mitchell’s response to some amendments—gun control In the appropriations bills there is this imaginary threat was to file 43 clo- amendments, for example, as impor- money for education, health services, ture motions on these 15 measures. tant as they may be—that come up on agriculture, for the environment, for Let me repeat: Senator Mitchell filed every issue. It stalls what we are doing national defense, and for other essen- 43 cloture motions on 15 legislative in terms of the basic generic purpose of tial Government services on which so measures he thought might be filibus- that discussion, invariably coming up many people rely. I want to take a few tered. Of these 43 cloture motions, 21 of with the same kinds of amendments minutes to explain what the majority them—almost half—were filed on the over and over. I think we can find a leader said last week and, more impor- same day the Senate actually began de- way to resolve that. I think we should. tantly, I want to spend more time say- bating a bill. In his attempt to break a We have a great opportunity to move ing why what the minority leader said filibuster, he filed cloture on bills 21 forward on a number of things, whether last week was wrong. times before debate had even begun. it be education, whether it be Social The majority leader was clearly try- If there was any intent to inten- Security, whether it be tax relief, ing to expedite the activities of the tionally limit debate—and once you whether it be strengthening the mili- Senate when he asked those of us on have a cloture motion in place, and tary. These are the kinds of things that each side of the aisle, Democrat and once you have proceeded to the bill are so important. Republican, to agree to unanimous postcloture, then only relevant amend- I yield the floor. consent requests that would cause the ments should apply—then, of course, f Senate to move along in a timely fash- George Mitchell was doing exactly ion. When the minority leader came to what he intended to do as majority CLOTURE the floor and suggested that irrelevant leader, Democrat majority leader of Mr. CRAIG. Mr. President, I was sit- amendments should be debated in full the Senate: Limit debate, shape debate ting in my office watching the floor on and this was an inappropriate thing to the particular bill involved.

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.022 pfrm06 PsN: S22PT1 S4226 CONGRESSIONAL RECORD — SENATE May 22, 2000 Did Senator Mitchell say before a bill Maybe it is why he wants to drag the along and to be able to do so by lim- was even offered that the Senate would feet of the Senate through June, July, iting certain types of amendments that be limited to relevant amendments? He August, and into September, so at the were irrelevant to the fundamental de- did not have to say it. His actions said very end, a lame duck President, with bate and the consideration of a given it, and they were very clear, loud ac- his veto, can hold a Senate hostage and appropriations bill. tions. He did 21 filings of cloture the gain the spending of billions more dol- I hope this clears the air. I hope what same day the Senate actually debated lars than were proposed in this present we experienced last week was but a a bill. He took a procedural step that budget when he proposed total discre- thunderstorm, and now the clouds have would make the threat a reality. In tionary appropriations of about $223 cleared and the air is a bit fresher. I other words, he did not come to the billion where our budget discretionary hope we can move on in a timely fash- floor to suggest he might have to do spending is around $600 billion. Maybe ion, as we must, because if that does something to limit debate to relevant he really wants to make good on not not happen, I and others will be coming amendments; he just did it. And that is giving American citizens some tax re- to the floor on a very regular basis and the prerogative of a majority leader. lief by returning some of these surplus I will not mind pointing a finger at Clearly, Senator Mitchell went much dollars to them. Maybe he really wants those who object and those who ob- further than the rule we passed last to make good on the idea that expand- struct. week. As the minority leader well ing Government and spending more We have a responsibility to cause our knows, Senator Mitchell perfected the money is really the mantra, the very Senate to operate in an appropriate art of confrontational legislating. Not foundation and the basics of the Demo- fashion, and certainly debate on one only would Senator Mitchell not allow cratic Party that he represents. and all issues is important and can nonrelevant amendments, he filed clo- I am not sure, but what I am sure of happen, but I do believe the citizens of ture on bills 43 times in the 103d Con- is that what the minority leader said this country expect us to get our work gress. on the floor of the Senate last week done; they expect us to balance our That is the record. That is setting does not ring true to past Senate ac- budget; they expect us to be fiscally re- the record straight. I say to Minority tions practiced by Democrat and Re- sponsible; and, most importantly, they Leader DASCHLE, I took up your chal- publican majorities. expect and anticipate a limited Gov- lenge. I did my research. I believe those We operate on the rules of the Sen- ernment that does the right things for are the facts. But Senator Mitchell’s ate. We operate on past precedent. We its citizenry. That is what we are in- tactics of the past pale in comparison also operate on a consistency that tent upon accomplishing. I hope we can to the strategy of the minority leader assures a motion of activity here that move forward, and I hope we can do so in the Senate today. Again last week, produces 13 appropriations bills in a in a timely fashion. the minority leader said on the floor in timely fashion to fund our Government I yield the floor. reference to an appropriations bill in a way that I think our American The PRESIDING OFFICER (Mr. that: citizens and taxpayers expect us to per- THOMAS). The Senator from Utah. Constitutionally, appropriations bills must form. Mr. BENNETT. Mr. President, I, like begin in the House of Representatives. We What the minority leader said last other Members of the body, read this are, in a sense, circumventing the rules of week was we would not perform; he was morning’s paper and read the com- the Congress by allowing these bills to be de- bated and considered prior to the time the going to draw a line and stop us, and he ments of the Democratic leader. I have bill comes before the Senate. drew that line in the sand. He said, for heard the comments on the floor of I did some simple research, such as example: We do not need to deal with some of our colleagues, including the picking up a copy of the U.S. Constitu- the same bill twice; let’s wait until the current occupant of the chair, and the tion and turning to article I, section 7, House gets its bill here. Yet he was Senator from Idaho. Since it is some- clause 1, and reading it, just reading it: saying that in the backdrop of a gun what of a slow day, I decided to add my debate that had been dealt with numer- voice to the voices that have been All Bills for raising Revenue shall origi- nate in the House of Representatives; but the ous times on the floor of the Senate raised here, perhaps from a slightly dif- Senate may propose or concur with Amend- over the last year; in fact, a debate in ferent perspective. ments as on other Bills. which his side had won and passed leg- I know, in Senate terms, I am a rel- Let me also turn to another provi- islation that moved to the House, and ative newcomer. I am only in my sec- sion, ‘‘Riddick’s Senate Procedure, the House rejected it. ond term. And around here, that counts Precedents and Practices.’’ This is, of I am not quite sure I understand even for little more than being in your first course, one of the procedural booklets that argument because it not only is term, but it does not put you in the we follow: inconsistent with the very actions that rank of Senate historians or the old Bills originate in the House: were taking place at the time, and that Senate ‘‘bulls,’’ as they used to be In 1935, the Chair ruled that there is no was, we were redebating for the fourth called. Constitutional limitation upon the Senate to or fifth time an idea or a piece of legis- Nonetheless, if I might, I would like initiate an appropriation bill. lation in which the Senate itself had to go back and quote a little personal Obviously, the intent of what I am been involved throughout the 106th history because my first exposure to suggesting is that we can initiate ap- Congress. the Senate, up close and personal, propriations bills, and we have, and we The reason I have come to the floor came in the early 1950s. have held them at the desk. As the this early afternoon is to set the record If I may reminisce with you, I re- House sends its appropriations bills straight. I think it is important for the member sitting in the family gallery, across, we attach a House number or Senate and for the United States as a night after night, when the Senate we move through that process in a way whole to understand how we operate would be debating, listening to the ora- that accommodates. and that what we were doing and what tory that went on and the clashes of Why would the minority leader pro- we were proposing were clearly con- opinion that would occur, and falling pose such an idea? I think it is really sistent within the rules. No rules had in love with the place. I was a teen- quite clear. It is to obstruct the action been bent. There was not a rules com- ager. and the movement of the Senate. mittee of a single individual but the My father had been elected in the Maybe there is another reason. action of a Congress and a Senate oper- election of 1950. I was here in the sum- Maybe there is a reason that is sub- ating under unanimous consent and mer of 1953. Dwight Eisenhower was the liminal, that is not so clear. Maybe the doing so in an appropriate and respon- President—the first time a Republican reason was talked about this morning sible way. President had been in office since 1932. in the Washington Times: ‘‘CBO now If there was a bad precedent set last The Democrats were apoplectic about predicts a $40 billion surplus’’—even a week, it was not bad in the sense that the idea that there was a Republican greater surplus of monies than the it was one majority leader simply fol- President, and carrying on with great kind that was predicted earlier that lowing the actions of another majority frustration. the Budget Committee analyzed when leader some sessions ago, recognizing I remember the towering debates— it proposed its budget resolution. the timely need to move legislation and they were debates. They were not

VerDate 11-MAY-2000 01:29 May 23, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.025 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4227 speeches given to empty Chambers. up in anticipation of the 11 o’clock sure my constituents it is a long way They were debates between the two vote. away, but in fact it is in about 3 years. protagonists on the Finance Com- Senators would start coming into the What has happened to the institution mittee. Chamber by 10:15. I would say, there in a half a century of my observations Paul Douglas, the Senator from Illi- would be 30 Senators in the Chamber of it? If I go back to the old institu- nois, would come down here and thun- listening to the final debate. tion—that is, the institution that I der against the terrors of the Eisen- By 10:30, the Chamber would be al- knew in those years—appropriations hower administration. I would listen, most full, because at 10:30, Everett bills were the least controversial of in the family gallery, as a Republican, Dirksen, as the Republican leader, any bills. Appropriations bills passed and wonder if anybody could respond. would stand up to give the Republican without discussion, debate, or confu- Then Eugene Millikin would enter the position, the final speaker prior to the sion. The institution assumed that the Chamber, bad back and all. He sat vote. Everyone wanted to hear Everett Appropriations Committee knew what there in that seat in front of me. It was Dirksen. He would go on for 15 min- it was doing. The major debates were very difficult for him to move because utes, until a quarter to 11. By this over authorization bills. Once some- of his back. So when he would turn, he time, the Chamber would be com- thing was authorized, it was the duty would turn his entire body, and it pletely filled—every Senator in his or of the appropriators to come up with a would be slow. I remember, clearly, her seat. legitimate amount of money, and there Senator Douglas recognizing what had Then Mike Mansfield would stand up, was no attempt to saddle appropria- happened when Senator Millikin had with the tremendous respect and dig- tions bills with controversial riders or come on the floor. Senator Millikin nity that he had. If I may say so, with- amendments. It simply was not done. was the chairman of the Finance Com- out diminishing that respect, Mike The appropriations process was con- mittee. Mansfield, as an orator, was no match sidered the most routine of any process Senator Douglas said: The Repub- for Everett Dirksen. He was not as fun that was carried on around here. Oh, licans have brought up their heavy ar- to listen to, but he had an earnestness there was partisanship in those days. tillery in bringing in Senator Millikin. and a determination about him that There were bitter speeches, as the kind He said: In fact, I would even say they made him a towering giant of this I have just described between Senator have brought their nuclear cannon. body. Douglas and Senator Millikin, but I sat in the family gallery and lis- Then at 11 o’clock, when Mike Mans- there was no attempt to use the rules tened to this, and thought: What is field would be through, whoever was of the institution to slow down the ap- going to happen now? presiding would bang the gavel, and the propriations process for political ben- Senator Millikin, with a few well- Senate would proceed to vote, with efit. It simply wasn’t done. It was sim- placed barbs, proceeded to destroy Sen- every Senator sitting at his desk. ply not considered acceptable in this ator Douglas’ argument. And Senator I remember watching my father, who institution. Now we do it. Now it hap- Douglas got mad. He started com- sat on the front row to the right, go up pens. I can’t put my finger on the turn- plaining about the fact that the Sen- to the table and get a copy of the ing point at which it happened, but I ator from Colorado—because that is names of all of the Senators, and keep think I can identify one important where Millikin was from—had as much track of how they were voting himself. point along the road, and it happened authority in this body as he did, the He would mark it off, as did all of the while I was in the Senate. Senator from Illinois. He pointed out other Senators, just the way the clerk In 1995, a gentleman for whom I have how many people there were in Illinois marks it off. utmost respect as a political tactician and how few people there were in Colo- The only time I have seen that hap- and strategist, Newt Gingrich, made a rado, and he got very indignant about pen since I have been in the Senate is serious miscalculation. I remember dis- it. when, during the impeachment trial, I cussing it with him sitting over in I remember Millikin’s response. He went down and got one of those what is now the Lyndon Johnson said: Mr. President, the Senator from records, and I sat and made my own Room, as he came over from the House Illinois is no longer opposed to the bill record of every Senator’s vote in im- to tell us in the Senate what they were before us, he is now opposed to the peachment. I thought it was a signifi- going to do in the House. Constitution. I must say, I am not sur- cant enough event to revive that cus- They were going to deliver the coup prised. tom. de grace to the Clinton administration With that, he turned on his heels and Why am I going through this history? by forcing the President to accept a walked out, leaving Senator Douglas For one reason. Because I read in this balanced budget agreement, and the sputtering a bit. morning’s paper the accusation made reason they would force the President So I go back that far with my experi- by the Democratic leader that what to do that is that they would use the ences with the Senate. I served in the the Republican majority leader has appropriations process to put leverage Nixon administration as a lobbyist for been doing these last few days is lead- on him. one of the Departments. We did not ing to the erosion of the history and I remember a number of us saying to call it that because under the law you sanctity of the Senate, leading to a de- him, ‘‘Well, Newt, what happens if the are not allowed to lobby as a member struction of this institution. President doesn’t cave?’’ He said, of the executive branch; you conduct I give you this history as my creden- ‘‘What do you mean, if the President congressional liaison. tials, as one who wants to comment on doesn’t cave? This President not caving Again, because my father was still a this institution, who wants to talk in? Are you kidding me?’’ He went Member of the Senate, I had access to about what is going on and what has down example after example where the family gallery. When my Depart- gone on. No, I will not engage in a de- President Clinton had caved under ment had a bill before the Senate, I bate with the Democratic leader as to pressure from the Congress. He said, would come and sit in the family gal- whether there was or was not prece- ‘‘This will be the final example that we lery and watch the debate as the bills dent of what he has done. My friend have taken control in the Congress, we would pass—or not pass—and I remem- from Idaho has done that, and that is have seized it from the executive ber very clearly the pattern of debate appropriate. branch, and we will make him a lame in those days. This is now in the late But I am not here to do that. I am duck for the last 2 years of his term. 1960s because I served in the Nixon ad- here to talk about this institution and This is the crucial moment at which ministration, and President Nixon took what has happened to it in the roughly the Congress demonstrates its power.’’ office in 1969. 50 years since I sat as a teenager in the I asked, and a number of others Votes would be scheduled in advance, family gallery and fell in love with it. asked, ‘‘Wonderful, Newt, but what if it with a specific time. The time that It is a little startling to me I can doesn’t work?’’ He said, ‘‘What do you sticks in my memory is that 11 o’clock talk about that being nearly 50 years mean, what if it doesn’t work? Of was a fairly normal time for votes. We ago, but it was. As I say, I was a teen- course, it will work. What do you would get into the gallery around 10, ager. Now I am beginning to look for- mean, what if he doesn’t cave? Of because the debate would be winding ward to the time when I will be 70. I as- course, he will cave.’’

VerDate 11-MAY-2000 01:29 May 23, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.027 pfrm06 PsN: S22PT1 S4228 CONGRESSIONAL RECORD — SENATE May 22, 2000 Speaker Gingrich, in a massive mis- it failed, and it was done with. If it diatric Surgeons, et cetera, et cetera. calculation, set in motion a series of came back to be voted on again on the All of the people who were involved in actions that ultimately ended up in a part of those who had lost, it came the tobacco fight knew I was on their partial shutdown of the Federal Gov- back in a new Congress when there had side. They knew the process around ernment. As the shutdown went on, we been an election and, presumably, peo- here well enough to know these 12 Republicans did our best to try to ex- ple changed their minds. It never was votes about which my opponent was plain that it was all Bill Clinton’s the case that something was voted on talking were meaningless as far as the fault. We did our best to say it was all again, and again, and again, and again, real issue was concerned. the responsibility of the administra- and again, and again, and again, and I will tell you what I said to him. We tion. And the press did its best to tell again, and again in the same Congress. checked his FEC report, and I said to everybody it was all our fault. They never used to do that. Certainly, my opponent: You paid $20,000 to a Ultimately, the Republican leader on they never used to do it with rollcall computer firm to research my voting this side, Bob Dole, stood here and votes. record and come up with this list. I rec- said, ‘‘Enough is enough, we are going I remember when Lyndon Johnson ommend you call them and get your to put the Government back to work.’’ was the majority leader—this story has money back because you wasted it. Senator Dole’s instincts were right, been told many times, but it is worth They gave you wrong information. and Speaker Gingrich’s instincts were recounting here—a Senator came to He said I was pro-liquor. He had a wrong, and the Republicans paid an him with an amendment, and Johnson voting record that said I was in favor enormous electoral price for Newt said, ‘‘Fine, we will accept it.’’ The of alcohol. Pardon me? We got into it. Gingrich’s mistake in the 1996 election. Senator said, ‘‘I want a vote.’’ Johnson We found out what the vote was that I We frittered away our opportunity to said, ‘‘No, you don’t want a vote. We supposedly cast that made me pro-alco- win back the Presidency, and we saw will accept it.’’ ‘‘No, let’s debate it and hol. It had to do with Federal highway our margins in the House of Represent- have a vote.’’ So they debated it, and it funds and the rights of the States to atives go down in that election. was defeated, with Johnson voting set their own levels of alcohol toler- I think that was a watershed event against it and using his power as the ance, and because I am in favor of because I think the people in the White majority leader to kill it. The Senator States controlling that and voted House discovered that if they could use came to him and said, ‘‘You said you against having the Federal Govern- the appropriations process to create a would accept this.’’ Johnson said, ment dictate it, suddenly I had cast a crisis that would be seen as a Govern- ‘‘Yes, but you didn’t let me. You in- pro-alcohol vote. He went on and on ment shutdown by the Republicans, sisted on wasting the time of the Sen- and on in this same vein. they could get political advantage. The ate to have a debate and a vote, and I I understand what is going on here. appropriations process has never been am telling you, you don’t do that any- Amendments are not being offered for the same. The White House negotiators more. You don’t do that ever again.’’ legislative purposes. Bills are not being have been much tougher since that The Senator learned. called up for legislative purposes. Re- happened. The demands coming out of We have rollcall votes around here on corded votes are not being called for the White House have been much more everything. We will have a resolution because someone wants to improve the significant, and the threat is: We will to memorialize Mother’s Day, and legislation. Records are being built on veto, we will veto, we will veto; the someone will ask for the yeas and nays, issues that can be misrepresented as Government will shut down, and you and we will spend a half hour voting, serious challenges to incumbents. They Republicans will get blamed for it. You 100–0, and it slows everything down. are being brought up again and again have to give us what we want. Why do we do that? Well, maybe on and again so that people can stand up We have seen the appropriations Mother’s Day we all want to be on in a campaign and say that the incum- power move from the legislative record saying we are for Mother’s Day. bent voted wrong 17 times. Lyndon branch to the executive branch, under I will tell you why we do it—and, Johnson would not have stood for it. the threat of a veto and the threat of a again, it is something that never would Everett Dirksen would have had a quip Government shutdown. That is a sea have been done 30 years ago. We do it about it that would make everybody change in constitutional structure and to build a record for campaign pur- laugh. But it is now the way things are a sea change in politics that has hap- poses, not for legislative purposes. done in this institution. pened while I have been in the Senate. The Senate has become a campaign- I said that I am responding to the That is part of what is going on right focused organization rather than a leg- suggestion of the Democratic leader now. Right now, under instructions islative-focused organization. I will that somehow what is going on here is from the White House, the Democrats give you my own experience with this. destructive of the institution. I agree are saying: Let us do whatever we can When I ran in 1998, my opponent stood that what is going on is destructive of to get ourselves in a situation where up before the crowds, on television, the institution. But I do not put it at we can rerun the movie of 1995 in the whatever, and said, ‘‘Senator Bennett the feet of the majority leader. I think fall of 2000. Look at how it helped us in is pro-tobacco.’’ Pardon me? ‘‘Abso- it has historic roots that go back be- the election of 1996 to keep Bill Clinton lutely. Look at his record. He voted yond this majority leader and that go in office. Look at how it will help us in with the tobacco interests 12 different back before the previous majority lead- 2000 to get AL GORE into office. times.’’ I did? I was there. I didn’t re- ers. I don’t know when it started hap- So an appropriations bill comes member voting with the tobacco inter- pening, but we have come a long way along: Let’s do everything we can to ests once. ‘‘No, he is lying about his from the day when the Senate would slow it down. An appropriations bill record. Here it is.’’ vote with a rollcall vote about 50 times comes on the floor: Let’s do everything Then we go into the web site where in a session—that is how often my fa- we can to increase the amount of de- he has all of this listed under the fetch- ther voted on rollcall votes—a day bate time. We may end up voting for ing title, ‘‘What Senator Bennett when the Chamber would fill up to hear the appropriations bill, but that is not Doesn’t Want You To Know,’’ and here the debate because it was a significant the point. It isn’t a question of, do we is the list of all of my ‘‘pro-tobacco’’ vote. We have come a long way from vote for it or do we vote against it? It votes. What were they? They were pro- that. is a question of, how much can we slow cedural votes, votes on motions to The institution has become primarily it down so as to create the opportunity table, votes in support of the leader a campaign platform. Let us make no to rerun 1995 one more time? That is moving legislation forward. mistake about it. What is going on part of what is going on. On the one tobacco vote that count- right now in the Chamber is all geared Another thing that is going on that ed, which was a cloture vote on Sen- to November and not in any sense you never would find in the old Sen- ator MCCAIN’s bill, I was in the geared toward legislation. It is not ate—again, by ‘‘old Senate,’’ I mean antitobacco forces; and, indeed, I had geared toward solving problems. It is that time I saw during my father’s 24 and used, during the campaign, letters not geared toward moving the Republic years here. It used to be that when the thanking me for my strong antitobacco forward. It is all geared toward getting Senate voted on an issue, it passed or stand from the American College of Pe- those multiple votes that a computer

VerDate 11-MAY-2000 01:29 May 23, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.029 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4229 can find and then put it on a web site about Senator Mitchell’s use of cloture the House-passed bill. If the House is that can be used in a campaign speech in the 103d Congress. As to the cloture not able to complete action on the Ag- on the part of the challenger. numbers the Senator mentioned, yes riculture appropriations bill on Tues- I agree with the Democratic leader Senator Mitchell filed cloture 23 times day, then we will need to confer with that this cheapens the institution. I on the first day of an item’s consider- the leadership on both sides of the aisle agree with the Democratic leader that ation but what he failed to mention and decide exactly how we can go to it threatens the institution. But I dis- was that only one of those instances that bill and have its consideration agree with him as to the solution. was on a bill. Let me repeat that—in completed before the week is out. But I think all Senators need to back only one instance in the entire 103d I want to emphasize before we go home away from the idea that the primary Congress did Senator Mitchell file clo- for Memorial Day, we must complete purpose of being in the Senate is to ture on the first day a bill was consid- the Agriculture appropriations bill. give campaign speeches, and back away ered, and in that instance it was with We are still hoping that the House from the idea that the primary func- the bill sponsor’s permission. It was will be able to act on the legislative tion of coming to the floor is to do Senator ROCKEFELLER and the bill was appropriations bill and we will be able things that will give you an advantage product liability. In all but four of the to complete action on it also before we in November and so you can misrepre- other instances the Senate was not in leave. sent and attack an incumbent. There is an amendable situation, they were on So we will be having votes possibly a time for partisanship, and there is a motions to proceed, conference reports, into the night on Tuesday. We could time to be very firm about the position or attempts to go to conference. very likely have a late session Thurs- that you take. But there is also a time There were two instances where Sen- day. Members should expect a session to recognize that the institution is ator Mitchell filed on amendments on on Friday. If we are not through with threatened if you let partisanship get their first day, the first was on Senator the Agriculture appropriations bill, out of hand. KENNEDY’s substitute amendment to then we will keep going until we com- It reminds me of the signature com- the national community service bill plete it. We could be in session Friday ment that comes to us out of the Viet- and the other was on the Mitchell-Dole night or Saturday. This is work that nam War where, I believe, a captain Brady gun amendment, in each case a has to be done. For reasons which I was quoted as saying after a particular true filibuster was going to be waged. need not repeat at this point, we are battle that it was ‘‘necessary to de- In other words members of the minor- behind schedule in getting that done. stroy the village in order to pacify it.’’ ity had indicated a willingness to try We need to complete it. If it is necessary to destroy the institu- and kill the legislation by extended de- I am not going to propound a unani- tion of the Senate in order to make it bate. This has not been the case this mous consent request at this time on part of my party’s control, I want no Congress’, cloture is filed in attempt to nominations, but so everybody will part of that activity. In my own cam- stifle the ability of individual Senators know, we have now been discussing the paign, I have refused to engage in nega- to offer amendments and that is the possibility of an agreement to take up tive advertising. I want no part of what crucial difference that I pointed out as many as 72 nominations. There may I call ‘‘Carville-ism’’; that is, the poli- last week. still be some objections to one, two, or tics of personal destruction that has Mr. President, I suggest the absence three of those. Somewhere between 65 become so prevalent in the last 8 years. of a quorum. and 72 nominations have been offered I want no part of it. The PRESIDING OFFICER. The by the majority that we could take up I remember a man saying to me: If clerk will call the roll. and consider. Most of them would be you do not go negative, you will not The legislative clerk proceeded to confirmed, without the need for debate, win the nomination. call the roll. in wrapup or on a unanimous voice I said to him: The nomination is not Mr. LOTT. Mr. President, I ask unan- vote. In at least four or five cases, worth it. I would rather retain my self- imous consent that the order for the some time would be required, with re- respect than gain a seat in the Senate. quorum call be rescinded. gard to the FEC nominees and at least Fortunately, I have both. The PRESIDING OFFICER (Mr. a couple judges, with recorded votes I say to all of my colleagues on both BUNNING). Without objection, it is so necessary on somewhere between four sides of the aisle—because Republicans ordered. and six at the most. campaign just as vigorously as Demo- f crats—let’s stop using the Senate as an We could complete up to as many as institution solely for campaign pur- ORDER OF BUSINESS 72 nominations in the next 24 hours, in- poses. Let’s stop using the rules of the Mr. LOTT. Mr. President, before we cluding 16 new Federal judicial nomi- Senate that can allow votes and that do the closing remarks, we are waiting nations. Again, three or four of those can call up amendments solely for the to see if Senator DASCHLE has any re- nominations for judgeships could re- purpose of creating campaign records. marks he would like to make at this quire recorded votes, but I believe we Let’s recognize that the purpose of the point. could get them all done. Senate is for legislation, not cam- Just so Senators will be aware of the There has been objection from the paigning. likely schedule this week, of course minority. I discussed the situation If we can do that, we will not get this is the week before the Memorial with Senator DASCHLE this morning, back to the days that I have described, Day recess. We have a number of con- and he is still working on it. We hope but we will at least get towards them ferences that are completed or nearing we can get this resolved shortly with- in the sense that this institution will completion, so we could have votes on out having to spend the whole week survive, as we like to call it, ‘‘the a number of conference reports this just on nominations. This really should greatest deliberative body in the week, including but not necessarily be done in 5 or 6 hours with five or six world’’ and not ‘‘the greatest campaign limited to bankruptcy reform, crop in- votes and the rest of them done with- forum in the world.’’ surance, the satellite loan conference out any objections. There are a variety I thank the Chair for his patience. I report, and the e-commerce digital sig- of nominations: U.S. marshals, U.S. at- thank my colleagues for their indul- nature conference report. Not all of torneys, IRS oversight board members; gence as I have taken this memory those have been wrapped up, but we are Administrator, drug enforcement; two trip. But I hope that all of us will rec- hopeful that one or all four of those National Transportation Safety Board ognize that we have something to learn will be available during the process of members; one Nuclear Regulatory from the past and from the kind of in- the week’s schedule. Commission member; eight various De- stitution this once was, and we have a We also are expecting to receive from partment of State positions, including responsibility to see to it that it does the House early in the week the Agri- the special negotiator for chemical and not degenerate into what it could be. culture appropriations bill. We had biological arms control issues, and a I yield the floor. hoped to go to that bill tomorrow and number of other nominees. Mr. DASCHLE. Mr. President, I lis- then, of course, as soon as it was re- I want it on the record that we are tened to Senator CRAIG’s remarks ceived from the House we would go to prepared to go to those at this point.

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.031 pfrm06 PsN: S22PT1 S4230 CONGRESSIONAL RECORD — SENATE May 22, 2000 THE LATE CLARENCE HOLLAND the security and people of our nation bol of neutral aid. Clara Barton recog- ‘‘ICKY’’ ALBRIGHT as a soldier and officer in the United nized the importance of the humani- Mr. THURMOND. Mr. President, I States Army. tarian efforts of the International Red rise today to pay tribute to an old General Zais began his career when Cross in Europe, and cultivated the friend and one of South Carolina’s he graduated from the United States fundamental principles of humanity, most public minded citizens, Clarence Military Academy in 1969 and accepted impartiality, neutrality, independence, Holland ‘‘Icky’’ Albright, who recently a commission in the Infantry. It was at voluntary service, unity, and uni- passed away at the age of 93. this point in time that the American versality into what we know today as To those who knew him, Icky involvement in Vietnam was at its the American Red Cross. In addition to Albright was synonymous with the apex, and the newly minted officer alleviating suffering and promoting town of Rock Hill, a small and charm- quickly had the opportunity to put to public health, Ms. Barton also envi- ing city in the Olde English District of the test the martial skills he had sioned a need for disaster relief and South Carolina. Though a native of learned at West Point and Fort battlefield assistance. Laurens, Icky Albright moved to Rock Benning. Heading to Southeast Asia, Founded on May 21, 1881, in Wash- Hill in 1929, shortly after graduating then Second Lieutenant Zais assumed ington, DC, the American Red Cross from Clemson Agricultural College, command of an infantry platoon in the was able to lobby the U.S. Congress to and became Rock Hill’s leading citizen 101st Airborne Division and began what ratify the Geneva Convention, pro- and cheerleader. He essentially spent has been a long and distinguished ca- viding an official basis to associate his entire adult life working tirelessly, reer. with the International Red Cross. The as both a private citizen and a public After emerging from the jungles of U.S. was the 32nd nation to sign the official, to promote what is a quin- Vietnam, this officer held a variety of document, agreeing to protect the tessential southern and American positions which were progressively wounded during wartime. Ms. Barton town. more responsible and moved him up the then continued to serve the Red Cross Icky Albright was fiercely proud of Army’s hierarchy. He has served in as its volunteer president until 1904. his adopted hometown and set his roots Asia, Europe, Central America, and the Over the last 119 years, the American deep there, starting with his 1934 mar- United States, has held command at Red Cross has not only served Ameri- riage to Rock Hill native, the former the platoon, company, battalion, and cans and our allies during wartime, but Sophie Marshall. Mr. Albright was one brigade levels, and has held vital staff has brought help to anyone in need of of the Rock Hill business community’s assignments including on the Joint aid. Its thousands of volunteers provide leading citizens, for years, he was part Staff. the American Red Cross with the tools owner of a hardware store established General Zais is currently serving as to carry out its vitally important task by his father-in-law and he later start- Chief of Staff, United States Army Re- in times of need. Behind the scenes, in ed his own business, ‘‘Albright Reality serve Command, but this will be his preparation for disaster situations, Incorporated’’. Furthermore, he was last assignment as he is due to retire local Red Cross chapters provide their active in any number of civic and serv- from the military shortly, ending what communities with CPR and First Aid ice organizations. His passion for mak- has been an impressive career. Com- classes and information on health ing Rock Hill the best place possible to mendably, General Zais has decided to issues, and promote blood donations to live prompted him to get involved in seek a second career which will allow provide the medical field with an ade- public service, running for and serving him to continue to make a difference, quate supply should a crisis arise. on the City Council from 1940–1944, as that of an educator. I am pleased to re- Just a few years ago, in my home Mayor from 1948–1954, and as South port that this man will assume the du- state of Minnesota, the Red Cross left Carolina State Senator from 1966–1968. ties of President of Newberry College its mark by touching the lives of those Beyond the many votes he cast as a in Newberry, South Carolina. I am con- affected by the floods of 1997 and the public servant, the funds he raised for fident that the General will enjoy his tornadoes that tore through towns in charity, or enthusiastically promoting new hometown and his new job. As a the southern part of the state. And dur- commerce, Icky Albright’s most endur- former educator, I can assure him that ing it all, the Minneapolis chapter was ing legacy was the creation of the there are few things more rewarding without a permanent home to help in ‘‘Come-See-Me Festival’’ held every than working with young people. the disaster relief. Last month, they April and timed to coincide with the I commend General Mitchell Zais on opened their doors, the first permanent blooming of the azaleas in the city’s his many years of dedicated and self- location since 1996, to a new facility Glencairn Garden. A modest man, Icky less service to the nation and the that includes a blood-donor center, Albright protested that this successful Army, I welcome him to South Caro- space to shelter and feed people in case festival was the idea of many, though lina, and I wish him the best of health, of a disaster, and an emergency oper- everyone knew that he was the one who happiness, and success in the years to ations center with its own communica- was truly responsible for this popular come. f tions and power systems. event that draws more than 100,000 peo- Mr. President, ninety-one cents of ple each year. ADDITIONAL STATEMENTS every dollar spent by the American Though it sounds a tad cliche, it is Red Cross goes directly to programs true to say that Icky Albright lived a and services that help people in need. RECOGNITION OF THE AMERICAN long, full, and rewarding life, and that All of the disaster assistance is free, RED CROSS FOUNDING through his efforts he touched the lives thanks to the generosity of donors and of many and made a significant dif- ∑ Mr. GRAMS. Mr. President, I rise volunteers alike. The ratio of volunteer ference in his community and our today to celebrate the anniversary of Red Cross workers to paid staff is near- state. All that knew him mourn his the founding of the American Red ly 41 to one. I am honored to have this passing and our condolences go out to Cross by Clara Barton 119 years ago. opportunity to commemorate the dedi- his widow, their two sons ‘‘Bud’’ and This year’s theme, ‘‘We Touch the cated work of the late Clara Barton Ned, three grandchildren, and three World,’’ describes the compassionate and the contributions of all those who great-grandchildren.s direction the Red Cross is taking lo- continue to carry out her legacy in the f cally, nationally, and internationally. American Red Cross.∑ After the brutal battle of Solferino f BRIGADIER GENERAL MITCHELL near Verona, Italy, Jean Henry Durant, M. ZAIS a Swiss citizen, formed the Inter- 50TH ANNIVERSARY OF THE UNI- Mr. THURMOND. Mr. President. I am national Red Cross in 1863 with the in- VERSITY OF MARYLAND UNI- pleased to have this opportunity to rec- tent to alleviate suffering and promote VERSITY COLLEGE OVERSEAS ognize the service of Brigadier General public health. The first Geneva Con- MILITARY PROGRAM Mitchell M. Zais, who has dedicated vention was signed by 16 nations a year ∑ Mr. SARBANES. Mr. President, I the past three-decades to protecting later, adopting the red cross as a sym- want to offer my congratulations and

VerDate 11-MAY-2000 01:31 May 23, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.006 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4231 very best wishes to all those gathered of international exchange programs, Troy Blando, 39, Houston, TX at the 50th Anniversary celebration of faculty and student councils, and nu- Don T. Huey, 32, Houston, TX the University of Maryland University merous agricultural development pro- David Johnson, 31, Houston, TX College (UMUC) serving the United grams. Oran may be leaving UK in Booker Miles, 27, Louisville, KY States military in Europe. I am pleased body, but the school will benefit from James Nash, 40, Atlanta, GA to take part in recognizing the long- his enterprising spirit and the tangible Leon Pickett, Detroit, MI standing tradition that this institution improvements he made as the College Mark Thompson, 31, Baltimore, MD continues to uphold in ensuring quality of Agriculture’s dean for years to Willie D. Watts, 39, Gary, IN higher education for our come. Cedric White, 19, Atlanta, GA servicemembers overseas. Oran’s long list of awards is as im- May 20, 1999: It has always been my firm belief pressive as his lengthy list of accom- Eric Michael Allen, 30, Detroit, MI that a democracy cannot prosper and plishments. His knowledge and experi- Roderick R. Brown, 27, Memphis, TN grow without an educated populace, ence have not gone unnoticed by other John Cosgrove, 71, Miami-Dade Coun- and therefore the education of the indi- Kentucky agricultural institutions. ty, FL vidual is one of the most important Oran has received awards from the Paul Davis, 28, Chicago, IL tasks in our society. The success and Kentucky Seed Improvement Associa- Stephen Entsminger, 49, Davenport, growth of UMUC is a critical testament tion, Bowling Green/Warren County IA to the importance of educational op- Chamber of Commerce, Greater Lex- Maria Josefina Eslava, 23, Houston, portunities for our military personnel ington Convention & Visitors Bureau, TX in Europe. From its inception, this in- Soil and Water Conservation Society, Curtis O. Green, 17, Chicago, IL stitution has viewed higher education UK Alumni Association, Kentucky 4–H, Travis Johnson, 20, Rockford, IL from a global perspective, an approach Kentucky Pork Producers Association, Demarcus Kelly, 26, Atlanta, GA which has put UMUC at the forefront and the Kentucky Cattlemen’s Associa- Aaron Murphy, Jr., 40, Macon, GA of the larger higher education commu- tion. Kevin Stokes, 27, Atlanta, GA nity. Oran has a long history with UK, Male, 56, Honolulu, HI Following World War II, when the serving as assistant professor, asso- May 21, 1999: United States military invited Amer- ciate professor, professor, coordinator James Alberts, 35, Bridgeport, CT ican universities to provide higher edu- of animal nutrition research and teach- Quan Bell, 28, Detroit, MI cational programs to servicemembers ing, associate dean for research, direc- Edward Belton, 18, St. Louis, MO at military installations throughout tor of the Kentucky agricultural exper- Richard Daniels, 27, Fort Worth, TX Europe, UMUC was the only institution iment station, coordinator of graduate Anthony Houston, 21, Detroit, MI to respond. This began a historic 50 programs in agriculture, and finally as Michelle Jackson, 21, St. Louis, MO year partnership with the military in dean of the College of Agriculture. Steven Jupiter, 19, Baltimore MD Europe and starting in 1956, in Asia as Oran earned respect the old-fashioned Werner Muense, 81, Minneapolis, MN well. The noted British scholar Arnold way, through years of hard-work and a John Minaya, 19, Providence, RI Toynbee wrote that the UMUC pro- sincere concern for students, teachers Karl Paul Pitts, 22, Detroit, MI gram in Europe is ‘‘an American and faculty at the University of Ken- Michael Marion Raymond, 22, Wash- achievement from which the rest of the tucky. ington, DC world has much to learn.’’ Over the years, Oran and I have Osualdo Rodriquez, 23, Houston, TX Since the first year, UMUC has of- worked together on many projects at Sheri Thielen, 40, Minneapolis, MN fered educational opportunities to hun- UK. With Oran’s wealth of knowledge May 19, 1999 (Houston, Texas): dreds of thousands of our men and about the University, he has been an Police Officer Troy Blando was fa- women overseas. Even now, it is won- essential resource in targeting the tally shot while attempting to arrest derful to hear that this tradition con- needs of UK and communicating how an auto theft suspect. Jeffery Demond tinues in many locations at long estab- Congress can help meet those needs. It Williams pulled into a parking lot in a lished military installations in Ger- has always been a pleasure to work stolen Lexus, and the 39-year-old many, Britain, Italy, and Spain includ- with Oran and I will miss him a great Blando, working on the auto theft task ing temporary facilities in Kosovo and deal. I have no doubt, however, that he force, was undercover in an unmarked Bosnia. will stay involved with UK’s College of vehicle. Blando approached Williams I commend the University of Mary- Agriculture and that we will continue after he had run a check on the license land University College for its 50 year to hear from him in the future. plate and discovered the vehicle had history of unparalleled service and suc- Oran, on behalf of myself and my col- been stolen. cess in the field of education and I look leagues, I wish you all the best as you A struggle ensued, and Blando put forward to a continued close associa- enter retirement and I thank you for away his gun as he tried to handcuff tion with this exemplary institution.∑ your many successful efforts to make the suspect’s wrists. At that point, Wil- f UK a better place to work and learn.∑ liams pulled out a gun and shot the po- f lice officer, who was pronounced dead TRIBUTE TO CHARLES ORAN later that evening after doctors were LITTLE VICTIMS OF GUN VIOLENCE unable to save him. ∑ Mr. MCCONNELL. Mr. President, I ∑ Mr. REED. Mr. President, it has been Police Officer Troy Blando is sur- rise today to honor my good friend and more than a year since the Columbine vived by his widow who suffers from fellow Kentuckian Oran Little on the tragedy, and still this Republican Con- multiple sclerosis, and his 14-year-old occasion of his retirement as dean of gress refuses to act on sensible gun leg- son. Williams has been convicted and the University of Kentucky’s College of islation. sentenced to die. Agriculture. Since Columbine, thousands of Amer- May 20, 1999 (Conyers, Georgia): Oran taught at UK for 25 years, and icans have been killed by gunfire. Until As students mingled before class at served as a highly-respected and well- we act, Democrats in the Senate will Heritage High School in Conyers, Geor- liked leader for UK’s students and fac- read some of the names of those who gia, on May 20, 1999, fifteen-year-old ulty for 12 years as Dean of the College lost their lives to gun violence in the Thomas Solomon pulled out a rifle and of Agriculture. Under his tenure, new past year, and we will continue to do so a handgun and began to open fire. Six facilities were built, old facilities were every day that the Senate is in session. students were injured and an assistant renovated, and innovative educational In the name of those who died, we principal had to talk Solomon out of programs were launched. An Agricul- will continue this fight. killing himself after he put a gun in his tural Engineering Building, Regulatory Following are the names of just some mouth. This incident took place ex- Services Building, Animal Research of the people who were killed by gun- actly one month after Littleton, Colo- Center, and Plant Science Building all fire one year ago on May 19, 20, and 21. rado. took root during Oran’s 12 years as May 19, 1999: May 21, 1999 (Providence, Rhode Is- dean. He also facilitated the creation Clarence Arnold, 32, Knoxville, TN land):

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.001 pfrm06 PsN: S22PT1 S4232 CONGRESSIONAL RECORD — SENATE May 22, 2000 Twenty-four-year-old John Minaya the world and guiding multimillion- or Universities Historic Building Res- was accosted and fatally shot outside a dollar airplanes as they land on a float- toration and Preservation Act. busy Dairy Queen ice cream shop in ing runway. I was in awe of these men There were seven historic women’s Providence’s West End early on the and women who work harder and have public colleges or universities founded evening of May 21, 1999. Officers found more responsibility than many people in the United States between 1884 and Minaya lying on the pavement in the do in a lifetime. 1908 to provide industrial and voca- parking lot shortly after 7:00 p.m. He ‘‘The Big E’’ is a ship that never tional education for women who at the had been hit more than once, and peo- sleeps, it operates twenty four hours a time, could not attend other public ple were ministering to him. He was day, seven days a week. I watched as a academic institutions. These schools taken to Rhode Island Hospital, but he handful of tired pilots sat down for are now coeducational but retain some died within minutes. ‘dinner’ at 10:30 p.m. on a Sunday of the significant historical and aca- Though it was still springtime, night. Hungry and tired, they wanted it demic features of those pioneering ef- Minaya was Providence’s 13th homicide no other way. I had the privilege of forts to educate women. victim of 1999, a year in which there joining Captain Winnefeld in honoring Let me take this time to tell you were ultimately 26 murders in the city, the ‘Sailor of the Day’ for spending about one of these schools, Winthrop up from 15 in 1998 and 13 in 1997. The three consecutive days repairing bro- University, located in South Carolina. majority of these killings were com- ken machinery, taking only a few 30 Winthrop’s history dates back to 1886 mitted with firearms, and most of minute breaks to sleep. I witnessed the when 21 students gathered in a bor- these were handguns. same degree of commitment in a sepa- rowed one-room building in Columbia, The children and families who wit- rate part of the ship as an eager techni- S.C. David Bancroft Johnson, a dedi- nessed the shooting of John Minaya in cian showed me how the cables on the cated and gifted superintendent of broad daylight at a Dairy Queen in flight deck operate and are maintained schools, headed up the fledgling insti- Providence will carry the horrific below. His task for the past two days tution whose mission was the edu- memory of that day with them for as was to create the metal attachment cation of teachers. Winthrop has long as they live. We should do our which holds one of the four arresting changed considerably since moving to part to ensure that fewer Americans tailhook cables together and his voice its permanent Rock Hill, S.C. home in experience gun violence by passing was filled with pride as he explained 1895, growing from a single classroom common sense gun legislation without the entire 8 hour process. Between giv- to a comprehensive university of dis- further delay.∑ ing orders to his crew, he pointed out a tinction. The institution became co- educational in 1974 and assumed uni- f few tiny air bubbles that formed during versity designation in 1992. the cooling process of the metal at- A TRIBUTE TO OUR MEN AND Like similar institutions founded as tachment. Although he started his WOMEN IN UNIFORM historically women’s colleges and uni- shift at 4:30 a.m. and probably won’t versities, the Winthrop University ∑ Mr. ALLARD. Mr. President, Satur- sleep for the next 24 hours, he smiles day, May 20th was Armed Forces Day campus hosts numerous historic build- and tells me it will be redone, that it ings—buildings that are expensive to and I can think of no better time to must be perfect—the lives of our pilots honor those who serve this great coun- adapt and/or maintain for modern-day are at risk if it is not. The amazing uses essential to public higher edu- ty in the United States military. The thing is, they all do it with a smile. millions of active duty personnel who cation in the 21st century. Also, like When I think about Armed Forces similar institutions, many of Win- have so unselfishly dedicated their Day, I think about two events I experi- lives to protecting freedom deserve the throp’s alumni were women of modest enced on the Enterprise. First, are the means who were unable to make the highest degree of respect and a day of sailors from across Colorado who sat honor. kind of substantial private donations down for breakfast with me in the en- that would have enabled the University I recently had the privilege of being listed mess hall, who gleamed with invited to tour the U.S.S. Enterprise to build a strong endowment through- pride for the job they do and the impor- out its history. Nonetheless, this cam- during a training mission off the Flor- tant role they play in our nation’s de- ida cost. My experience abroad the En- pus is significant and is worthy of fed- fense. Second, was the ‘‘Town Hall eral support to assure that its distinc- terprise reminded me of the awesome meeting’’ I held, where I responded to ∑ power and strength of the United tive role in U.S. history is not lost. questions and concerns ranging from f States military. But more importantly, military health care to Social Secu- it reminded me of the hard work and rity, from members of the crew. These NATIONAL SMALL BUSINESS sacrifice of the men and women serving one on one interactions were extremely WEEK in our armed forces. valuable to me and I learned as much ∑ Mr. GRAMS. Mr. President, today I The U.S.S. Enterprise was commis- from these events as the crew did. pay tribute to America’s small busi- sioned on Sept. 24, 1960 and was the I have never witnessed a more dedi- nesses—the backbone of our Nation’s world’s first nuclear-powered aircraft cated or hard working group of people vibrant economy. As my colleagues carrier. This incredible ship is the larg- than the crew of the U.S.S. Enterprise. may know, the week of May 21–27 is est carrier in the Naval fleet at 1,123 It makes me proud when I realize that recognized as ‘‘National Small Busi- feet long and 250 feet high. While walk- the ‘‘Big E’’ crew is representative of ness Week.’’ ing along the 4.47 acre flight deck with the millions of American military per- Small businesses have always been Captain James A. Winnefeld, Jr., Com- sonnel throughout the world. Never- one of the leading providers of jobs in manding Officer, it was amazing to mind that many of them could be paid our country. According to the Small learn that ‘‘The Big E’’ remains the more money for less work in a civilian Business Administration, small busi- fastest combatant in the world. job, may not get eight hours sleep each nesses employ 52 percent of the private Spending two days touring the Enter- night or see their families for weeks at workforce and account for 35 percent of prise showed me what a hard working a time—they make those sacrifices for federal contract dollars. Small busi- and knowledgeable military force we the country they love. nesses produce 38 percent of jobs in have. As I moved through the ship I I hope that Coloradans will join me high-technology industries, and small- was greeted with enthusiasm, as sailors in using Armed Forces Day to thank and medium-sized companies comprise explained the ship’s equipment and those who are serving in the best mili- 96 percent of all exporters and 30 per- their role as part of the Enterprise crew. tary force in the world.∑ cent of all exports. These statistics un- At full staff, the ‘‘Big E,’’ as it is affec- f derscore the important role the small tionately known, has over 5,000 crew business community will have toward members from every state of the S. 2581 developing a 21st century economy Union, most of whom are between 18 ∑ Mr. HOLLINGS. Mr. President, I am that is global and technologically driv- and 24 years old. These young adults pleased to cosponsor legislation intro- en. are charged with maintaining and oper- duced by Senator SESSIONS, S. 2581, the In particular, I am very pleased with ating the largest air craft carrier in Historically Women’s Public Colleges the tremendous growth in women-

VerDate 11-MAY-2000 01:31 May 23, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.011 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4233 owned businesses over the last several TRIBUTE TO FRANK A. AUKOFER rishioners and possesses the love and years. According to the National Foun- ∑ Mr. FEINGOLD. Mr. President I rise respect of many in the community. dation for Women Business Owners, today to honor the dean of the congres- Those who know him in Letcher Coun- there are more than 9.1 million women- sional print reporters here in Congress. ty describe him as a man with great owned businesses in the United States, Frank A. Aukofer has worked in the strength of character who dem- employing more than 27.5 million peo- Washington Bureau of the Milwaukee onstrates honesty and integrity, and ple and generating $3.6 billion in sales. Journal-Sentinel and its predecessor, who serves as a role-model to young Between 1987 and 1999, the number of the Milwaukee Journal, since 1970. and old alike. women-owned firms increased dramati- Frank has also served in other capac- I am certain that the legacy of com- cally, by more than 103 percent. ities for the paper since 1960. Sadly, for mitment to faith that Father Randall During ‘‘National Small Business those of us who have read his stories has left will continue on, and will en- Week,’’ I am proud to share with my through the years, Frank has decided courage and inspire those who follow. colleagues the special recognition to retire at the beginning of next Congratulations, Father Randall, on 50 granted by the Small Business Admin- month. years of priesthood and 20 years of istration to two of Minnesota’s small During his long and distinguished ca- service to Letcher County. Best wishes business persons: the 1999 Minnesota reer, Frank has reported on the issues for many more years of service, and Small Business Person of the Year, that have defined the last 40 years in know that your efforts to better the Nancy L. Fogelberg, President of America and around the world. He was lives of your parishioners and those in American Artstone in New Ulm, Min- the civil rights reporter for the Journal Letcher County will be felt for years to nesota; and the Financial Services Ad- at the height of the civil rights move- come. On behalf of myself and my col- vocate of the Year, Iric Nathanson, ment in the 1960s. Since arriving in leagues in the United States Senate, Project Coordinator for the Min- Washington, Frank’s coverage of State, thank you for giving so much of your- ∑ neapolis Community Development national, and international issues has self for so many others. Agency. included stories on six Presidents, 15 f Congresses, and the nomination hear- To be named a recipient of the Small THE VERY BAD DEBT BOXSCORE ings of 11 Supreme Court justices, in- Business Person of the Year award is ∑ cluding every member of the current Mr. HELMS. Mr. President, at the not an easy task. The Small Business Court. close of business Friday, May 19, 2000, Administration has selected Nancy for Coverage of these important events the Federal debt stood at this unique recognition based on her has not kept Frank tied to his desk $5,673,912,681,580.44 (Five trillion, six personal achievements and important here in the press gallery. In the 1980s, hundred seventy-three billion, nine contributions to our economy. Nancy he traveled to Mexico, Colombia, Cuba, hundred twelve million, six hundred has demonstrated growth in the total and Central America to cover such sto- eighty-one thousand, five hundred number of company employees; innova- ries as the trial of Eugene Hasenfus in eighty dollars and forty-four cents). tive products and services; growth in Nicaragua which led to a nomination One year ago, May 19, 1999, the Fed- sales and financial position; an ability for a Pulitzer Prize. He was also one of eral debt stood at $5,593,798,000,000 to effectively address problems con- the first journalists to report from (Five trillion, five hundred ninety- fronting the company; and community Saudi Arabia in 1990 when U.S. troops three billion, seven hundred ninety- service. were deployed after Iraq invaded Ku- eight million). In 1993, Nancy Fogelberg became wait. On top of all this he has still Five years ago, May 19, 1995, the Fed- President of American Artstone, an 86- found time to write a weekly auto- eral debt stood at $4,883,152,000,000 year-old manufacturer of architectural mobile review column entitled, ‘‘Drive- (Four trillion, eight hundred eighty- stone castings. Nancy quickly modern- Ways.’’ three billion, one hundred fifty-two ized her plant through financing pro- I thank Frank Aukofer for his years million). vided by the Small Business Adminis- of service to the Milwaukee Journal- Twenty-five years ago, May 19, 1975, tration, and quickly made American Sentinel, and the people of Wisconsin the Federal debt stood at Artstone more competitive and profit- and I wish him all the best in his well- $520,328,000,000 (Five hundred twenty able. I also congratulate Nancy on re- deserved retirement.∑ billion, three hundred twenty-eight cently being named president of the f million) which reflects a debt increase National Cast Stone Institute. of more than $5 trillion— TRIBUTE TO FATHER EDWARD $5,153,584,681,580.44 (Five trillion, one I am also proud to recognize the im- RANDALL hundred fifty-three billion, five hun- portant achievements of Iric ∑ Mr. MCCONNELL. Mr. President, I dred eighty-four million, six hundred Nathanson, who has worked to provide rise today to honor Father Edward eighty-one thousand, five hundred financing opportunities for small busi- Randall on the occasion of his Golden eighty dollars and forty-four cents) nesses. Among his many achievements, Jubilee and in recognition of 20 years during the past 25 years.∑ Iric developed a capital-loan program of priesthood in Letcher County. f that uses city-backed guarantees to During Father Randall’s 20 years in help small businesses access revolving Letcher County, he has served at both TRIBUTE TO TODD ROSSETTI credit lines and working capital loans. St. George Catholic Church in Jenkins ∑ Mr. SMITH of New Hampshire. Mr. Iric also coordinated the development and Holy Angels Catholic Church in President, I rise today to honor Todd of a micro-enterprise loan program in McRoberts. People throughout the Rossetti for receiving his high school Minneapolis though the establishment community have come to know Father diploma from Concord High School. of a partnership between the Min- Randall for his dedication to parish- For some, a high school diploma is neapolis Community Development ioners and generosity to everyone, both taken for granted. For Todd Rossetti, Agency and the Minneapolis Consor- inside and outside the Church walls. it is a celebration of the trials and tium of Community Developers. Small The Letcher County community also tribulations that he has endured his businesses in Minneapolis have been boasts of Father Randall’s artistic tal- entire life. well served by Iric’s efforts on their be- ent, which he graciously uses to en- Although Todd was born with cere- half. hance church buildings and to teach bral palsy, his illness has not prohib- I again congratulate the National free art classes open for all to attend. ited him from accomplishing anything Small Business Week winners from Father Randall also helped establish, that he has set his mind to. In the Con- Minnesota and every small business along with the late Mother Teresa, an cord School System, Todd was im- owner who helps make our commu- order of the Sisters of Charity in Jen- mersed in a new ‘‘inclusion’’ program, nities better places to work and live. I kins, which will endure as an honor to allowing him to participate in the look forward to working with them on his philanthropic contributions. mainstream curriculum. small business public policy issues dur- Father Randall continues to display Though Todd’s illness hinders his ing the 106th Congress.∑ an unswerving commitment to his pa- ability to communicate, his peers,

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.038 pfrm06 PsN: S22PT1 S4234 CONGRESSIONAL RECORD — SENATE May 22, 2000 teachers and administrators have It is an honor to represent Georgina For all its growth, Tyco has not for- grown to love him and take pride in en- Leland in the United States Senate. gotten its role in the surrounding com- suring that he is able to remain in Mary Jo and I wish you the best of luck munity. Tyco has donated money and mainstream classes. This support web in your future endeavors. May you al- time to United Way of the Greater Sea- has enabled Todd to attend school, fol- ways continue to inspire those around coast and the Greater Piscataqua Com- low through with scholarly activities, you with your dedication to the com- munity Foundation’s Jeffery Gutin and find employment. munity.∑ Fund for Young Adults. Furthermore, When it was believed that Todd f Tyco’s contribution of $500,000 was crit- might not be able to receive his di- ical in the transformation of the ploma with his class, it was that sup- TRIBUTE TO LAKES REGION Strawberry Banke Museum into a year- port network that spoke out. Because GENERAL HOSPITAL round educational and community re- of the love and efforts of his peers, ∑ Mr. SMITH of New Hampshire. Mr. source. Todd will be able to graduate. President, I rise today to honor Lakes Their commitment to community As a former teacher, I feel great com- Region General Hospital for their des- does not end with donating money to passion for his struggle. He is a coura- ignation as one of the ‘‘Businesses of worthy causes. Tyco’s employees, from geous and dedicated student, and it is the Decade’’ by Business New Hamp- senior staffers to entry-level workers, an honor to represent him in the shire Magazine. volunteer their time and energy to United States Senate.∑ For the past ten years, under the many non-profit organizations across f leadership of President Thomas the state. Perhaps more important, Clairmont, the Lakes Region General Tyco makes this commitment to serv- TRIBUTE TO GEORGINA LELAND Hospital has become known for encour- ice possible by allowing its employees ∑ Mr. SMITH of New Hampshire. Mr. aging area agencies and organizations to incorporate volunteerism into their President, I rise today to honor Mrs. to work together, combining resources busy schedules. Georgina Leland for being honored and taking risks in order to meet not Tyco’s success is irrefutable proof with Ossipee’s Citizen of the Year only the health care needs of the Lakes that a company can give back to its Award for 2000. This award recognizes Region, but of the entire state. community while improving its ‘‘bot- one who is dedicated to reaching out to Mr. Clairmont has gone above and be- tom line.’’ I commend the employees of his or her community. Georgina Leland yond the call of duty to give back to Tyco for their efforts. It is an honor to is just such a person. She is noted for the group. In fact, he was recently hon- serve them in the United States Sen- her gregarious nature, her gritty hon- ored with the American Hospital Asso- ate.∑ esty and her love of her community. ciation’s PAC Award for outstanding f Georgina has been a pillar of service in the area of public policy, as Ossipee’s community for fourteen well as the NH Hospital Association’s TRIBUTE TO THE H.L. TURNER years. Over the course of these years, Leslie A. Smith’s President’s Award. GROUP Georgina has made her name made Mary Jo and I commend and congratu- ∑ Mr. SMITH of New Hampshire. Mr. known among both the young and the late him on his hard work and dedica- President, I rise today to honor The old. She is a member of both her tion to the Lakes Region General Hos- H.L. Turner Group for their designa- church choir and her Bible study pital. tion as one of the ‘‘Businesses of the group, and she is a regular volunteer at A key player in the Rural Health Co- Decade’’ by Business New Hampshire church functions. Allowing elderly alition of New Hampshire, their Magazine. residents to experience life to its full- HealthLink program has received na- For the past ten years, under the est, Georgina volunteers as a driver for tional recognition as a model program leadership of President Harold Turner, the Clipper Home in Wolfeboro, for that allows people to take charge of Jr., the Turner Group has truly struck R.S.V.P. and for Families Matter. their own health, and provides health a balance between business success and When this vibrant woman isn’t in her care for those individuals without social responsibility. Incorporated in car driving around the state of New health insurance. The efforts of the 1990, they have made significant in- Hampshire, she is consumed with her management and staff at Lakes Region roads into the community and will work at the Public Library and at the General Hospital, in conjunction with surely continue to do so in the future. Mountain View Nursing Home. this program, earned them recognition The Turner Group has won national Georgina, too, takes a special inter- by the American Hospital Association recognition for their commitment to est in her community’s governmental through its 1994 NOVA Award. the environment, a commitment that I affairs. She is a noteworthy volunteer Lakes Region General Hospital is a echo as Chairman of the Environment at Ossipee’s Concerned Citizens events true community leader and a friend to and Public Works Committee of the where she never fails to make herself the people of New Hampshire. Their ef- Senate. They have been recognized for noticed with her efforts or her words. forts over the past ten years are truly their Indoor Air Quality standards, and Acting as the Past President of the commendable, and it is an honor to received the 1996 United States Envi- Ossipee Valley Women’s Club for four represent them in the United States ronmental Protection Agency’s Envi- years, Georgina was charged with Senate.∑ ronmental Merit Award in ‘‘recogni- bringing to life the scholarship pro- f tion of demonstrated commitment and gram. In addition, Georgina volunteers significant contributions to the envi- her summers to the Chamber of Com- TRIBUTE TO TYCO ronment’’ for their design of the merce’s information booth. INTERNATIONAL LTD. Boscawen Elementary School. The Her efforts as a volunteer and as a ∑ Mr. SMITH of New Hampshire. Mr. Turner Group has pledged itself to citizen have earned Georgina numerous President, I rise today to honor Tyco achieving environmentally friendly de- commendations. In 1998, she was named International Ltd. for their designation signs at the same cost as less efficient the Volunteer of the Year by the Clip- as one of the ‘‘Businesses of the Dec- designs with questionable air quality. per Home. She also received recogni- ade’’ by Business New Hampshire Mag- Employees of the Turner Group have tion from both R.S.V.P., Families Mat- azine. donated countless hours to the ter, VFW Post 8270 and Auxilary for For the past ten years, under the Audobon Society as board members, her efforts as a volunteer. leadership of Chairman Dennis the Silk Farm Center Building Com- Georgina is a role model for us all. It Kozolowski and Senior Vice President mittee as members, Concord’s Con- is certain that she has set an example Dave Brownell, Tyco has effectively ference and Trade Center as visionaries for those of her community, for all of continued their tradition of growth for planning and design, and as ‘‘edu- us and for her seven children and four- through increased efficiency and tech- cational consultants’’ for New Hamp- teen grandchildren. Though her family nology. With more than 100 acquisi- shire’s Junior Achievement’s collabo- is quite large, Georgina has made ef- tions worldwide, they have truly be- ration with U.S. FIRST, the LEGO Cor- forts to invite the entire community come dominant on the international poration and three Manchester schools into her family fold. Her efforts and market as well as within the United for the first-in-the-nation business and achievements are to be commended. States. robotics program.

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.002 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4235 The H.L. Turner Group is a true com- fastly serviced individuals with a wide Best’’ by the National Paper Trade As- munity leader and a friend to the peo- range of disabilities across the state. sociation for their commitment to ple of New Hampshire. Their efforts Perhaps their most notable achieve- community service, and President Fred over the past ten years are truly com- ment to date is their work to ensure Kfoury, Jr., was named ‘‘Greater Man- mendable, and it is an honor to rep- that students with emotional and chester Chamber of Commerce Citizen resent them in the United States Sen- learning disabilities receive excellent of the Year’’ in 1998. ate.∑ schooling, housing and another chance Central Paper Products is a true f to grow and become active community community leader and a friend to the members. people of New Hampshire. Their efforts TRIBUTE TO WILLIAM T. FRAIN, Easter Seals services an average of over the past ten years are truly com- JR. 125 children a day through programs mendable, and it is an honor to rep- ∑ Mr. SMITH of New Hampshire. Mr. such as ‘‘Support to Families in Need,’’ resent them in the United States Sen- President, I rise today to honor Wil- family mediation, parenting workshops ate.∑ liam T. Frain, Jr., upon his recognition and 24-hour emergency support access. f by Business New Hampshire Magazine They currently provide ninety percent TRIBUTE TO BELL ATLANTIC as the ‘‘Business Leader of the Decade’’ of special needs transportation for ∑ in the state of New Hampshire. Manchester and one hundred percent Mr. SMITH of New Hampshire. Mr. William, or ‘‘Bill’’ Frain, is the Presi- for the town of Londonderry, New President, I rise today to honor Bell dent and CEO of a company that has Hampshire. Atlantic for their designation as one of seen New Hampshire through many of Although their hardest workers are the ‘‘Businesses of the Decade’’ by its most difficult economic periods, often volunteers, Easter Seals has Business New Hampshire Magazine. For the past ten years, under current Public Service of New Hampshire. Al- never wavered in the quality of the President and CEO Michael Hickey, though faced with adversity through- services they provide, and should be Bell Atlantic has faithfully upheld the out his tenure with the company, Frain commended for their continued quality cornerstones of their company: cor- successfully pulled them through near and caring in the state. porate responsibility, good citizenship, bankruptcy, an acquisition by North- The accomplishments of this organi- and core values. It has instilled this east Utilities, and industry deregula- zation are simply too numerous to list. sense of giving back to the surrounding tion. They founded Camp Sno-Mo, a program community not only in their manage- Bill is an extraordinary leader, the for children with physical and cog- ment, but to their employees on every type that does not always manifest nitive disabilities which has grown to level. itself, but who motivates and encour- include day camps as well as adult va- Bell Atlantic’s commitment to the ages those around them to give above cation programs. They also opened an surrounding community is evident and beyond one hundred percent of Alzheimer’s Day Program, allowing through their participation in Kids themselves. As a result, over 150 of his many family members a respite from Voting, their Adopt-A-School relation- employees sit on boards throughout caring for loved ones afflicted with the ship with Beech Street School and the state, and many more volunteer disease. their participation in Manchester’s their time to give back to communities Easter Seals is a true community School-to-Work Program for electrical throughout the state. In addition, em- leader and a friend to the people of New workers. They also worked with ployees at PSNH have contributed Hampshire. Their efforts over the past Cabletron and Project WINGS to en- more than 1.3 million to the United ten years are truly commendable, and sure that schools throughout the state Way since 1990. it is an honor to represent them in the were wired to the Internet, sponsored ∑ Bill’s most notable achievements in- United States Senate. the Smithsonian Folklife exhibit from clude winning the Yankee Chapter of f New Hampshire and worked closely the Public Relations Society of Amer- TRIBUTE TO CENTRAL PAPER with various other community groups ica Yankee Award for demonstrating to educate and guide youths and adults leadership during a crisis, earning the PRODUCTS ∑ throughout the state. Special New Hampshire District Advo- Mr. SMITH of New Hampshire. Mr. Additionally, Bell Atlantic has cacy Award from the United States President, I rise today to honor Central worked tirelessly over the past ten Small Business Administration, acting Paper Products for their designation as years to achieve the newest techno- as a key facilitator in forming the one of the ‘‘Businesses of the Decade’’ logical links for both businesses and Amoskeag Fishways Partnership in by Business New Hampshire Magazine. homes across the state. Over the past order to bring life back into the For the past ten years, and for many five years, Bell Atlantic has invested Merrimack River, and being a co- before that, under the direction and nearly $100 million in technological up- founder of the Junior Achievement of guidance of President Fred Kfoury Jr., grades, and will continue to do so well New Hampshire Advisory Council in Central Paper has donated time and ex- into the future. 1995. A member of too many organiza- perience to economic development and Bell Atlantic is a true community tions to list, he has truly exemplified civic improvement projects across the leader and a friend to the people of New the qualities of strong leadership. state. They were actively involved in Hampshire. Their efforts over the past It has been a pleasure and a privilege many of the major projects in the ten years are truly commendable, and of mine, during my time in office, to state, namely the Airport Initiative, it is an honor to represent them in the have worked with a leader as extraor- the Civic Center, the Manchester Hous- United States Senate.∑ dinary as Bill Frain. His hard work, de- ing Authority, United Way, Easter f termination, and ability to motivate Seals and the Manchester School Sys- those around him to reach greater tem. TRIBUTE TO FLEET BANK heights are truly commendable. Bill, it Central Paper, because of their abil- ∑ Mr. SMITH of New Hampshire. Mr. is an honor to represent you in the ity to be flexible in the technological President, I rise today to honor Fleet United States Senate.∑ field, is often working at a rate more Bank upon their designation as one of f efficient than companies three times the ‘‘Businesses of the Decade’’ by their size. Their dedication to techno- Business New Hampshire Magazine. TRIBUTE TO EASTER SEALS logical advancement has brought them For the past ten years, under the ∑ Mr. SMITH, of New Hampshire. Mr. to the forefront of their field, and I leadership of President Michael Whit- President, I rise today to honor Easter commend them for it. ney, Fleet Bank has made phenomenal Seals upon their designation as one of Employees of Central Paper Products inroads to assisting the surrounding the ‘‘Businesses of the Decade’’ by helped to found the Science Enrich- community, and I applaud the hard Business New Hampshire Magazine. ment Encounter and FIRST, and con- work and dedication of each and every For the past ten years, under the tinue to work with these programs on a employee of the company. guidance of President Larry Gammon, national scale. In 1991 and 1992, Central The greatest examples of this are Easter Seals has selflessly and stead- Paper Products was named ‘‘Best of the ‘‘Team Fleet,’’ a group of more than

VerDate 11-MAY-2000 01:29 May 23, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.006 pfrm06 PsN: S22PT1 S4236 CONGRESSIONAL RECORD — SENATE May 22, 2000 200 staff members who have donated MEASURE PLACED ON THE ting, pursuant to law, the report of a rule en- thousands of hours to over 375 non- CALENDAR titled ‘‘Approval and Promulgation of Imple- profit organizations and efforts within mentation Plans; State of New Mexico; Ap- The following bill was read the first proval of Revised Maintenance Plan and the state from Special Olympics to NH and second times, and place on the cal- Motor Vehicle Emissions Budgets; Albu- Public Television, and their financing endar: querque/Bernillo County, New Mexico; Car- of one of the largest community devel- H.R. 4205. An act to authorize appropria- bon Monoxide’’ (FRL # 6703–8), received May opment projects undertaken by the tions for fiscal year 2001 for military activi- 17, 2000; to the Committee on Environment City of Manchester in order to rehabili- ties of the Department of Defense, for mili- and Public Works. tate one hundred low-income rentals tary construction, and for defense activities EC–9061. A communication from the Office on Elm Street. of the Department of Energy, to prescribe of Regulatory Management and Information, Office of Policy, Planning and Evaluation, Fleet Bank gives back to the commu- personnel strengths for such fiscal year for the Armed Forces, and for other purposes. Environmental Protection Agency, transmit- nity on a continual basis, forming the ting, pursuant to law, the report of a rule en- ‘‘Fleet All-Stars’’ in 1996, a company- f titled ‘‘Extension of Operating Permits Pro- funded, community-wide, public/pri- EXECUTIVE AND OTHER gram Interim Approval Expiration Dates’’ vate partnership developed in order to COMMUNICATIONS (FRL # 6703–3), received May 17, 2000; to the revitalize neighborhoods in various Committee on Environment and Public communities through volunteerism in The following communications were Works. laid before the Senate, together with EC–9062. A communication from the Office youth organizations and other civic of Regulatory Management and Information, groups. In 1999 alone, they were able to accompanying papers, reports, and doc- uments, which were referred as indi- Office of Policy, Planning and Evaluation, reach out to over 30 youth programs Environmental Protection Agency, transmit- and approximately 2,381 children cated: ting, pursuant to law, the report of a rule en- throughout the state. EC–9052. A communication from the Na- titled ‘‘Revision to the California State Im- Fleet Bank is a true community lead- tional Highway Traffic Safety Administra- plementation Plan, South Coast Air Quality tion, Department of Transportation trans- er and a friend to the people of New Management District’’ (FRL # 6704–1), re- mitting, pursuant to law, a report entitled ceived May 17, 2000; to the Committee on En- Hampshire. Their efforts over the past ‘‘Motor Vehicle Trunk Entrapment’’; to the vironment and Public Works. ten years are truly commendable, and Committee on Commerce, Science, and EC–9063. A communication from the Fed- it is an honor to represent them in the Transportation. eral Emergency Management Agency, trans- United States Senate.∑ EC–9053. A communication from the Na- mitting a draft of proposed legislation tional Credit Union Administration trans- amending the Robert T. Stafford Disaster f mitting, pursuant to law, the report of a rule Relief and Emergency Assistance Act; to the entitled ‘‘21 CFR Part 790’’, received May 16, Committee on Environment and Public MESSAGE FROM THE HOUSE 2000; to the Committee on Banking, Housing, Works. At 12:47 p.m., a message from the and Urban Affairs. EC–9064. A communication from the Office of Regulations and Administrative Law, U.S. House of Representatives, delivered by EC–9054. A communication from the Sec- retary of Agriculture, transmitting, pursu- Coast Guard, Department of Transportation, Ms. Niland, one of its reading clerks, ant to law, a report entitled ‘‘Preparing for transmitting, pursuant to law, the report of announced that the House has passed Drought in the 21st Century’’; to the Com- a rule entitled ‘‘Safety/Security Zone Regu- the following bills, in which it requests mittee on Agriculture, Nutrition, and For- lations; OPSAIL 2000, Delaware River, Phila- the concurrence of the Senate: estry. delphia, PA (CGD05–00–002)’’ (RIN2115–AA97) H.R. 4205. An act to authorize appropria- EC–9055. A communication from the Office (2000–0016), received May 18, 2000; to the Com- tions for fiscal year 2001 for military activi- of Regulatory Management and Information, mittee on Commerce, Science, and Transpor- ties of the Department of Defense, for mili- Office of Policy, Planning and Evaluation, tation. EC–9065. A communication from the Office tary construction, and for defense activities Environmental Protection Agency, transmit- of Regulatory Management and Information, of the Department of Energy, to prescribe ting, pursuant to law, the report of a final Office of Policy, Planning and Evaluation, personnel strengths for such fiscal year for rule entitled ‘‘Consolidation of Certain Food Environmental Protection Agency, transmit- the Armed Forces, and for other purposes. and Feed Additive Tolerance Regulations’’ (FRL # 6041–9), received May 17, 2000; to the ting, pursuant to law, the report of a rule en- H.R. 4475. An act making appropriations titled ‘‘Final Authorization of State Haz- for the Department of Transportation and Committee on Agriculture, Nutrition, and Forestry. ardous Waste Management Program Revi- related agencies for the fiscal year ending sions’’ (FRL # 6704–7), received May 18, 2000; September 30, 2001, and for other purposes. EC–9056. A communication from the Office of Regulatory Management and Information, to the Committee on Environment and Pub- The message also announced that the Office of Policy, Planning and Evaluation, lic Works. EC–9066. Assistant Secretary of the Army, House agrees to the amendment of the Environmental Protection Agency, transmit- Civil Works, transmitting a revision to a Senate to the bill (H.R. 3707) to author- ting, pursuant to law, the report of a final previously submitted draft of proposed legis- ize funds for the construction of a facil- rule entitled ‘‘Consolidation of Certain Food lation entitled ‘‘Water Resources Develop- ity in Taipei, Taiwan suitable for the and Feed Additive Tolerance Regulations’’ ment Act of 2000’’; to the Committee on En- mission of the American Institute in (FRL # 6043–1), received May 17, 2000; to the vironment and Public Works. Taiwan. Committee on Agriculture, Nutrition, and EC–9067. A communication from the Regu- Forestry. ENROLLED BILLS SIGNED lations Unit, Internal Revenue Service, De- EC–9057. A communication from the Gen- partment of the Treasury, transmitting, pur- The message further announced that eral Services Administration transmitting, suant to law, the report of a rule entitled the Speaker has signed the following pursuant to law, a report relative to building ‘‘June 2000 Applicable Federal Rates’’ (Rev. enrolled bills: project surveys for courts in Mobile, AL; Rul. 2000–28), received May 19, 2000; to the H.R. 3629. An act to amend the Higher Edu- Cedar Rapids, IA; Rockford, IL; Las Cruces, Committee on Finance. cation Act of 1965 to improve the program NM; Buffalo, NY; Nashville, TN; El Paso, TX EC–9068. A communication from the Regu- for American Indian Tribal Colleges and Uni- and Norfolk, VA; to the Committee on Envi- lations Branch, U.S. Customs Service, De- versities under part A of title III. ronment and Public Works. partment of the Treasury, transmitting, pur- H.R. 3707. An act to authorize funds for the EC–9058. A communication from the Gen- suant to law, the report of a rule entitled construction of a facility in Taipei, Taiwan eral Services Administration transmitting, ‘‘Summary Forfeiture of Controlled Sub- suitable for the mission of the American In- pursuant to law, a report relative to a build- stances’’ (RIN1515–AC60), received May 18, stitute in Taiwan. ing project survey for San Francisco Bay 2000; to the Committee on Finance. Area, CA; to the Committee on Environment EC–9069. A communication from the Regu- f and Public Works. lations Branch, U.S. Customs Service, De- EC–9059. A communication from the Gen- partment of the Treasury, transmitting, pur- MEASURE REFERRED eral Services Administration transmitting, suant to law, the report of a rule entitled The following bill was read the first pursuant to law, a report relative to an ‘‘Entry of Softwood Lumber Shipments from amended lease prospectus for the National and second times by unanimous con- Canada’’ (RIN1515–AC62), received May 18, Park Service, San Francisco or Oakland, CA; 2000; to the Committee on Finance. sent, and referred as indicated: to the Committee on Environment and Pub- EC–9070. A communication from the Sec- H.R. 4475. An act making appropriations lic Works. retary of Agriculture, transmitting a draft of for the Department of Transportation and EC–9060. A communication from the Office proposed legislation amending the Richard related agencies for the fiscal year ending of Regulatory Management and Information, B. Russell National School Lunch Act; to the September 30, 2001, and for other purposes; to Office of Policy, Planning and Evaluation, Committee on Agriculture, Nutrition, and the Committee on Appropriations. Environmental Protection Agency, transmit- Forestry.

VerDate 19-MAY-2000 00:40 May 23, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.011 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4237 EC–9071. A communication from the Sec- hancements to the critical access hos- pitals disproportionately incur bad retary of Transportation, transmitting, pur- pital program under the Medicare Pro- debt expenses. The BBA reduced bad suant to law, the report of the Office of In- gram; to the Committee on Finance. debt payments for hospitals and the spector General for the period October 1, CRITICAL ACCESS HOSPITAL ENHANCEMENT ACT Health Care Financing Administration 1999, through March 31, 2000; to the Com- ∑ mittee on Governmental Affairs. Ms. SNOWE. Mr. President, I rise has interpreted this provision to apply EC–9072. A communication from the Office today to introduce the Critical Access to Critical Access Hospitals. My bill re- of Personnel Management, transmitting a Hospital Enhancement Act of 2000. This stores bad debt payments as a way to draft of proposed legislation relative to the bill provides some much-needed pro- improve participation rates in the Crit- physicians comparability allowance pro- gram flexibility and refinements to the ical Access Hospital program. gram; to the Committee on Governmental Medicare Critical Access Hospital Pro- Emergency medical care is a crucial Affairs. gram. component in the Critical Access Hos- EC–9073. A communication from the De- Congress created the Critical Access partment of the Interior, transmitting a pital health care delivery system. Con- draft of proposed legislation relative to the Hospital Program three years ago when gress clearly stated that all outpatient use and distribution of the Western Sho- we passed the Balanced Budget Act of departmental services furnished by shone Judgment Funds; to the Committee on 1997 (P.L. 105–33). Under current law, a Critical Access Hospitals should be re- Indian Affairs. Critical Access Hospital must be lo- imbursed on the basis of reasonable EC–9074. A communication from the Cor- cated at a distance of over 35 miles costs, but HCFA has carved out ambu- porate Policy and Research Department, from the nearest hospital; have emer- lance services. My bill extends cost- Pension Benefit Guaranty Corporation trans- gency room and inpatient services pro- based reimbursement to ambulance mitting, pursuant to law, the report of a rule vided by physicians, physician assist- entitled ‘‘Benefits Payable in Terminated services associated with Critical Ac- Single-Employer Plans; Allocation of Assets ants and nurse practitioners; have fif- cess Hospitals as it follows Congress’s in Single-Employer Plans; Interest Assump- teen or fewer inpatient beds; and inpa- original legislative intent. tions for Valuing and paying Benefits’’, re- tient stays must be limited to an aver- Critical Access Hospitals are often ceived May 18, 2000; to the Committee on age of 96 hours (four days). the sole sponsor of home health serv- Health, Education, Labor, and Pensions. The Critical Access Hospital program ices in remote areas. If a Critical Ac- EC–9075. A communication from the Patent enables eligible rural hospitals to re- cess Hospital is the only home health and Trademark Office, Department of Com- ceive higher reimbursement rates for merce transmitting, pursuant to law, the re- provider in a rural community, then it acute medical care. Through special al- would be useful to reimburse those port of a rule entitled ‘‘Changes to Permit lowances for staffing and reimburse- Payment of Patent and Trademark Office services on the basis of reasonable Fees by Credit Card’’ (RIN0651–AB07), re- ments, designation as a Critical Access costs. This bill will extend cost-based ceived May 18, 2000; to the Committee on the Hospital means that a community may reimbursement to home health services Judiciary. be able to maintain local health care associated with Critical Access Hos- EC–9076. A communication from the Board access which would otherwise be lost. pitals and will help maintain access to of Governors of the Federal Reserve System Many rural patients are Medicare post-acute medical care for Medicare transmitting, pursuant to law, the report of and Medicaid participants and reduced beneficiaries. a rule entitled ‘‘Regulation P-Privacy of reimbursements hit hospitals and med- Critical Access Hospitals are cur- Consumer Financial Information’’ (Docket ical centers hard: for example, two- No. R–1058), received May 18, 2000; to the rently required to comply with exten- thirds of the patients at Blue Hill Me- Committee on Banking, Housing, and Urban sive minimum data set standards under morial Hospital in my home state of Affairs. the skilled nursing facility (SNF) pro- Maine are enrolled in Medicare or Med- EC–9077. A communication from the Office spective payment system (PPS). This icaid. Designation as a Critical Access of Thrift Supervision, department of the bill will provide cost based reimburse- Treasury transmitting, pursuant to law, the Hospital is especially important to ment to swing bed services furnished report of a rule entitled ‘‘Privacy of Con- these small, rural hospitals because it by Critical Access Hospitals to help al- sumer Financial Information’’ (RIN1550– provides higher reimbursement rates AB36), received May 18, 2000; to the Com- To date, there are 165 hospitals leviate some of the administrative ex- mittee on Banking, Housing, and Urban Af- across the country that have been des- penses associated with SNF PPS. fairs. Laboratory services furnished by EC–9078. A communication from the Fed- ignated as Critical Access Hospitals, and three in Maine: Blue Hill Memorial Critical Access Hospitals have histori- eral Railroad Administration, Department of cally been reimbursed on the basis of Transportation, transmitting a report enti- in Blue Hill, St. Andrews Hospital in tled ‘‘Implementation of Positive Train Con- Boothbay Harbor, and C.A. Dean Me- reasonable costs. In an attempt to clar- trol Systems’’; to the Committee on Com- morial Hospital in Greenville. Without ify the statute and eliminate the col- merce, Science, and Transportation. the Critical Access Hospital program lection of beneficiary coinsurance, the f many small, rural hospitals—many of Balanced Budget Refinement Act (P.L. which are often the only point of care 106–113) that we passed last November INTRODUCTION OF BILLS AND for miles—will be lost. My bill seeks to inadvertently referenced the fee sched- JOINT RESOLUTIONS strengthen this program; it is my hope ule. Consequently, HCFA has inter- The following bills and joint resolu- that with passage of the legislation I preted the provision to mean labora- tions were introduced, read the first introduce today, more of our nation’s tory services now will be reimbursed at and second times by unanimous con- small, rural hospitals will be able to the fee schedule rate. Correcting this sent, and referred as indicated: participate in this valuable program. provision is critical to ensuring that By Ms. SNOWE: This bill will bring increased flexi- Medicare beneficiaries have access to S. 2600. A bill to amend title XVIII of the bility and programmatic refinements important laboratory tests, and my bill Social Security Act to make enhancements to the Critical Access Hospital Pro- does just that. to the critical access hospital program under gram through the restoration of bad Seasonal fluctuations can occur in the medicare program; to the Committee on debt payments, extending cost-based places likes coastal Maine where tour- Finance. reimbursement to ambulance and home ism swells the population in an area or By Mr. ASHCROFT: S. 2601. A bill to amend the Internal Rev- health services associated with Critical in a small town near a ski resort. This enue Code of 1986 to exclude from the gross Access Hospitals, and modifying the seasonal population increase makes income of an employee any employer pro- provisions related to swing bed and lab- many otherwise tiny hospitals ineli- vided home computer and Internet access; to oratory services. In addition, I propose gible for the Critical Access Hospital the Committee on Finance. including a seasonality adjustment for Program. We must ensure that hos- f hospitals that are based in commu- pitals are available year round for a nities that experience large seasonal community’s permanent population. It STATEMENTS ON INTRODUCED population fluctuations. seems to me that if a hospital gen- BILLS AND JOINT RESOLUTIONS Rural residents are often poorer and erally serves a community with a popu- By Ms. SNOWE: more likely to lack private health in- lation of 2,000 but is seasonally faced S. 2600. A bill to amend title XVIII of surance when compared with their with substantially much larger popu- the Social Security Act to make en- urban neighbors. As a result, rural hos- lation, it should not de facto be made

VerDate 19-MAY-2000 01:38 May 23, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.003 pfrm06 PsN: S22PT1 S4238 CONGRESSIONAL RECORD — SENATE May 22, 2000 ineligible for the benefits of the Crit- tage of the opportunities the Internet able event,’’ or in other words, requir- ical Access Hospital Program. has to offer, too many Americans and ing the employee to pay income tax on The final provision in The Critical Missourians have been left behind. Too the value of the computer. Access Hospital Enhancement Act will many people are opting out or being Recently, the Ford Motor Company allow a state flexibility in designating left behind by the Internet economy. began a laudale effort to increase in- a hospital with more than 15 beds as a According to Forrester Research, in- volvement of its employees in the high- Critical Access Hospital if those addi- come is the main driver of Internet tech economy. In February, Ford an- tional beds are used only for seasonal adoption. Americans who earn more, nounced that it would give all of its fluctuations in admissions, and if the participate more, and thereby develop 350,000 employees free computers for average annual occupancy is not more the ability to earn even more. Accord- their homes. Ford is doing this because than 15. ing to a 1998 study by the Department they recognize the value of having a Mr. President, small hospitals across of Commerce, households with income workforce that is computer literate the country are facing an increasingly of $75,000 and more are over 20 times and internet savvy. Ford understands uncertain future, and we must lend ad- more likely to have Internet access that in the digital economy, on-line ditional support to our rural health than those at the lowest income levels. workers are more productive workers— care providers. Refining the Critical This divide among income levels also whatever their responsibilities are with Access Hospital program will ensure indicates a divide along racial lines as the company. that the Critical Access Hospital des- well. According to the same Depart- Unfortunately, the IRS does not see ignation is flexible enough for most ment of Commerce report, black and things the same way. The IRS ap- rural areas. Expanding the Critical Ac- Hispanic households are roughly two- proach is to tax everything it can get cess Hospital Program is critical to fifths as likely to have Internet access its hands on, including the computers these small hospitals and the commu- as white households. Overall, according Ford is providing to employees to help nities they serve.∑ to Forrester Research, only 33 percent bridge the digital divide. According to of African American households are on- the IRS, the employees who receive By Mr. ASHCROFT: line, ten percent fewer than the na- these computers from their employer S. 2601. A bill to amend the Internal tional average. are liable for tax on the value of the Revenue Code of 1986 to exclude from In my home state of Missouri, great computers. the gross income of an employee any progress has been made toward the Mr. President, this is wrong. When employer provided home computer and goal of bringing the state on-line. companies make the move to bring all Internet access; to the Committee on Since 1989, during my tenure as Gov- of their employees into the 21st cen- Finance. ernor, Missouri has managed a state- tury, the government should not make BRIDGING THE DIGITAL DIVIDE ACT OF 2000 wide network that connects state gov- it harder on the workers to accept the ∑ Mr. ASHCROFT. Mr. President, I rise ernment departments and transmits technology by increasing their taxes. today to introduce the Bridging the voice, data, and video between them. Ford’s employees should not be penal- Digital Divide Act of 2000, a bill to The state Department of Administra- ized for having an employer that un- make it easier for working Americans tion runs the network, which connects derstands the importance of a com- to obtain computers and computer government offices statewide over 14 puter-literate workforce. The fact is equipment so that no one is left behind nodes. In addition, according to the De- that computers are a vital business in the new Internet economy. This leg- partment of Commerce, 42 percent of tool, for all employees, and Ford has islation makes it possible for employ- Missouri households have computers. demonstrated its understanding of this ees to accept computers offered by Despite this progress, there is still fact by providing these computers for their employers without having to pay more to do. In terms of Internet usage, every employee, from the newest work- the IRS taxes on the value of the com- Missouri ranks 32nd out of the 50 er to the CEO. puter. states, with only 24.3 percent of house- Ford’s employees should not have to Mr. President, the high-tech sector is holds connected to the Internet in 1998. suffer as a result of the IRS’s 19th cen- an increasingly important part of our Clearly, it is in Missouri’s interest to tury approach to tax policy. It is for economy, creating new synergies and promote increased connectedness. this reason that my bill, the Bridging opportunities for Americans of all ages. Across the nation, those who appre- the Digital Divide Act of 2000, instructs The more we can do to encourage every ciate the power and opportunities in- the IRS not to treat computers pro- American to participate in the Internet herent in the Internet continue to in- vided to all employees by an employer revolution, the more productive we as crease their involvement in the high- as taxable income to the employee. a nation will be. tech world. 60 percent of computer This measure is in the interest of em- But the benefits of the high-tech rev- sales are being made to households ployees and employers alike. And be- olution, while lucrative, must not be that have already purchased a com- cause computers in the home will help limited to only some of our citizens. puter, demonstrating that these house- increase our economic productivity and The great promise of the Internet revo- holds recognize the importance of re- hence our output, we can expect that lution is that the benefits and rewards maining current and up to date with the long term impact of this provision are accessed at the individual level; their computer equipment. At the same will prove beneficial not just to work- not just reserved for big businesses or time, only 40 percent of computer sales ers and their families but to the na- multinational corporations. Our gov- are being made to households pur- tion’s economy as well. ernment should facilitate, not hinder, chasing a computer for the first time. Mr. President, many politicians bringing that promise to each Amer- If we want more Americans to experi- stand up and complain about the prob- ican. ence the high-tech economy, we should lem of the ‘‘digital divide.’’ The Ford In the long term, I believe that being encourage first time computer pur- Motor Company has actually found a hooked up to the Internet will be as chases and find ways to make com- solution—a private sector solution—for universal as television. It is important puter ownership easier for families who its employees. The response of the gov- to remember that the Internet is a new are currently without. ernment should be to thank Ford and technology, one that few people had According to Dr. Mark Dean, a spe- encourage other companies to do what heard of ten years ago. We have gone cialist in advanced technology develop- Ford has done—to take action that is from 5.8 million U.S. households online ment for IBM, the solution to the dig- in the best interest of its workers, not in 1994 to almost 40 million in 1999. By ital divide is to put computers in as just for today, but for the future as 2003, it is projected that 60 million many homes as possible. Unfortu- well. But instead, the government re- households will be hooked up to the nately, when employers have tried to sponse is to tax the recipients. I hope Internet. help bridge this gap by providing their that other companies will follow Ford’s In the short term, however, it is im- employees with computers and Inter- example. By enacting this legislation, portant to facilitate the availability of net access, the Internet Revenue Serv- we may be making it possible for the the Internet to all Americans. While ice has widened the digital divide by private sector to help solve the digital many citizens have been taking advan- treating the new equipment as a ‘‘tax- divide, and will at least be ensuring

VerDate 19-MAY-2000 01:38 May 23, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.046 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — SENATE S4239 that the government will not put the Senator from North Carolina (Mr. presentation of such educational pro- taxman in the way of the bridge-build- HELMS) were added as cosponsors of S. grams. ∑ ers of the new economy. 2274, a bill to amend title XIX of the f f Social Security Act to provide families and disabled children with the oppor- ADDITIONAL COSPONSORS ORDERS FOR TUESDAY, MAY 23, tunity to purchase coverage under the 2000 S. 534 medicaid program for such children. Mr. LOTT. Mr. President, I ask unan- At the request of Mr. TORRICELLI, the S. 2297 name of the Senator from Illinois (Mr. imous consent that when the Senate At the request of Mr. CRAPO, the completes its business today, it ad- DURBIN) was added as a cosponsor of S. name of the Senator from Louisiana 534, a bill to expand the powers of the journ until the hour of 9:30 a.m. on (Ms. LANDRIEU) was added as a cospon- Tuesday, May 23. I further ask unani- Secretary of the Treasury to regulate sor of S. 2297, a bill to reauthorize the the manufacture, distribution, and sale mous consent that on Tuesday, imme- Water Resources Research Act of 1984. diately following the prayer, the Jour- of firearms and ammunition, and to ex- S. 2330 pand the jurisdiction of the Secretary nal of proceedings be approved to date, At the request of Mr. ROTH, the name the morning hour be deemed expired, to include firearm products and non- of the Senator from Massachusetts powder firearms. the time for the two leaders be re- (Mr. KERRY) was added as a cosponsor served for their use later in the day, S. 569 of S. 2330, a bill to amend the Internal and the Senate then begin a period for At the request of Mr. GRASSLEY, the Revenue Code of 1986 to repeal the ex- morning business, with Senators per- name of the Senator from Iowa (Mr. cise tax on telephone and other com- mitted to speak for up to 10 minutes HARKIN) was added as a cosponsor of S. munication services. each, with the following exceptions: 569, a bill to amend the Internal Rev- S. 2419 Senator GRAMS, or his designee, from enue Code of 1986 to exclude certain At the request of Mr. JOHNSON, the 9:30 a.m. to 10 a.m.; Senator THOMAS, or farm rental income from net earnings name of the Senator from Nevada (Mr. his designee, from 10 a.m. to 10:30 a.m.; from self-employment if the taxpayer REID) was added as a cosponsor of S. Senator DURBIN, or his designee, from enters into a lease agreement relating 2419, a bill to amend title 38, United 11 a.m. to 11:30 a.m. to such income. States Code, to provide for the annual The PRESIDING OFFICER. Without S. 1495 determination of the rate of the basic objection, it is so ordered. At the request of Mr. MACK, the name benefit of active duty educational as- Mr. LOTT. Mr. President, I further of the Senator from Pennsylvania (Mr. sistance under the Montgomery GI ask unanimous consent that the Sen- SANTORUM) was added as a cosponsor of Bill, and for other purposes. ate stand in recess from the hours of S. 1495, a bill to establish, wherever S. CON. RES. 100 12:30 p.m. to 2:15 p.m. for the weekly feasible, guidelines, recommendations, At the request of Mr. HAGEL, the policy luncheons. and regulations that promote the regu- names of the Senator from Alaska (Mr. The PRESIDING OFFICER. Without latory acceptance of new and revised MURKOWSKI), the Senator from Arizona objection, it is so ordered. toxicological tests that protect human (Mr. MCCAIN), the Senator from Okla- f and animal health and the environ- homa (Mr. INHOFE), the Senator from ment while reducing, refining, or re- Michigan (Mr. ABRAHAM), the Senator ORDER FOR RECORD TO REMAIN placing animal tests and ensuring from Illinois (Mr. FITZGERALD), the OPEN human safety and product effective- Senator from Iowa (Mr. GRASSLEY), the Mr. LOTT. Mr. President, I ask unan- ness. E INE Senator from Ohio (Mr. D W ), the ECORD S. 1909 imous consent that the R remain Senator from Kentucky (Mr. BUNNING), open until 4 p.m. for the submission of At the request of Mr. TORRICELLI, the the Senator from California (Mrs. name of the Senator from New York statements by Members. BOXER), and the Senator from Texas The PRESIDING OFFICER. Without (Mr. MOYNIHAN) was added as a cospon- (Mrs. HUTCHISON) were added as cospon- objection, it is so ordered. sor of S. 1909, a bill to provide for the sors of S. Con. Res. 100, a concurrent preparation of a Governmental report resolution expressing support of Con- f detailing injustices suffered by Italian gress for a National Moment of Re- PROGRAM Americans during World War II, and a membrance to be observed at 3:00 p.m. formal acknowledgement of such injus- eastern standard time on each Memo- Mr. LOTT. Mr. President, for the in- tices by the President. rial Day. formation of all Senators, the Senate S. 2084 S. CON. RES. 113 will be in a period for morning business At the request of Mr. LUGAR, the At the request of Mr. MOYNIHAN, the until 11:30 tomorrow morning. Fol- name of the Senator from Iowa (Mr. names of the Senator from New Jersey lowing morning business, it is hoped HARKIN) was added as a cosponsor of S. (Mr. TORRICELLI) and the Senator from the Senate can begin consideration of 2084, a bill to amend the Internal Rev- Hawaii (Mr. AKAKA) were added as co- S. 2536, the Agriculture appropriations enue Code of 1986 to increase the sponsors of S. Con. Res. 113, a concur- bill. It is my intention to complete ac- amount of the charitable deduction al- rent resolution expressing the sense of tion on this important spending bill lowable for contributions of food inven- the Congress in recognition of the 10th and the legislative appropriations bill, tory, and for other purposes. anniversary of the free and fair elec- if it is available from the House. Sen- S. 2099 tions in Burma and the urgent need to ators can expect votes throughout the At the request of Mr. REED, the improve the democratic and human week. names of the Senator from New Jersey rights of the people of Burma. f (Mr. LAUTENBERG) and the Senator S. RES. 304 from New York (Mr. SCHUMER) were At the request of Mr. BIDEN, the ADJOURNMENT UNTIL 9:30 A.M. added as cosponsors of S. 2099, a bill to name of the Senator from Delaware TOMORROW amend the Internal Revenue Code of (Mr. ROTH) was added as a cosponsor of Mr. LOTT. Mr. President, if there is 1986 to require the registration of hand- S. Res. 304, a resolution expressing the no further business to come before the guns, and for other purposes. sense of the Senate regarding the de- Senate, I now ask unanimous consent S. 2274 velopment of educational programs on that the Senate stand in adjournment At the request of Mr. GRASSLEY, the veterans’ contributions to the country under the previous order. names of the Senator from Massachu- and the designation of the week that There being no objection, the Senate, setts (Mr. KERRY), the Senator from includes Veterans Day as ‘‘National at 1:34 p.m., adjourned until Tuesday, South Dakota (Mr. DASCHLE), and the Veterans Awareness Week’’ for the May 23, 2000, at 9:30 a.m.

VerDate 19-MAY-2000 01:38 May 23, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.010 pfrm06 PsN: S22PT1 May 22, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E801 EXTENSIONS OF REMARKS

COMMENDING THE TOWNSHIP OF LEGGZ DANCE’S TAP 2000: TAP to provide signals to a rural community with lit- BERNARDS INTO AMERICA’S HEARTS TO tle or no off-air reception. Flash forward sev- KEEP OUR CHILDREN SAFE eral decades. This fledgling enterprise became Adelphia, the Greek word for brother, which HON. RODNEY P. FRELINGHUYSEN HON. CAROLYN McCARTHY John Rigas and his family have turned into one of the nation's largest telecommunications OF NEW JERSEY OF NEW YORK IN THE HOUSE OF REPRESENTATIVES providers, serving more than 5 million cus- IN THE HOUSE OF REPRESENTATIVES Monday, May 22, 2000 tomers in 30 states, including a significant presence in Florida. Monday, May 22, 2000 Mrs. MCCARTHY of New York. Mr. Speak- John kept the company headquarters in er, on May 25th National Missing Children's Mr. FRELINGHUYSEN. Mr. Speaker, I rise Coudersport, a community of about 2,500 Day, the National Center for Missing and Ex- today to commemorate the 240th Anniversary where he purchased the old high school on ploited Children (NCMEC) and Leggz Dance Main Street and converted it into Adelphia's of the founding of the Township of Bernards, will coordinate Tap 2000: Tap into America's County of Somerset, New Jersey. corporate headquarters. John's love of Hearts to Keep Our Children Safe in Rockville Coudersport and its residents transcends al- Allow me to recount the history of the town. Centre, in my home district of Long Island. most everything in his life except for his fam- Its earliest inhabitants were the Lenape Indi- NCMEC is teaming up with performers and ily. That's why he has chosen to remain in that ans. It was the Chief of the Lenape, named studios across the country in a grassroots ef- community. Now, they have added Adelphia Nowenoik, who in 1717, sold the first 3,000 fort to raise awareness about child safety. Business Solutions, a telephone subsidiary acres of the land which would become Ber- The average victim of abduction and murder and the company provides high speed cable nards Township to an agent of King George I is an 11-year-old girl, a child with a stable modem connections to the Internet, digital pro- of England for $50. William Penn also pur- family, and frighteningly, she had initial contact gramming tiers, and long distance telephone chased some of the land in this area later that with an abductor within a quarter mile of her service. same year. home. This is exactly the audience that TAP This year marks the fourth anniversary of 2000 reaches by having local dance teachers In 1733 the name Basking Ridge first ap- the 1996 Telecommunications Act. It is fitting ``tapping for safety.'' peared in the ecclesiastic records of the Pres- that the exciting new services made possible The goal of TAP 2000 is to entertain by this act are being developed and delivered byterian Church and is recorded as being de- through Leggz Dance while educating via val- rived from the fact that the ``wild animals of by the entrepreneurship of people like John uable child safety literature provided by Rigas. Happy birthday, John, and thanks for the adjacent lowlands were accustomed to NCMEC. Tap 2000 is one of the many vehi- bask in the warm sun of this beautiful ridge.'' fulfilling the American dream in a way that pro- cles that the NCMEC uses to emphasize the vides exciting new telecommunications serv- In 1760 King George II of England created importance of children's photographs. One out ices throughout our country. of six missing children is found as a result of Bernardston Township by charter. This was in f honor of Sir Francis Bernard, provincial gov- someone recognizing a photo. Tap 2000 will ernor of New Jersey from 1758±1760, who begin May 25 and will continue throughout DEPARTMENT OF TRANSPOR- created the first Indian Reservation at Nassau County when participating studios TATION AND RELATED AGEN- Brotherton, New Jersey at the close of the hold their showcases and tap festivals. CIES APPROPRIATIONS ACT, 2001 French and Indian Wars. I commend this important public safety workshop sponsored by both the National SPEECH OF During the American Revolution, Center for Missing and Exploited Children and Bernardston provided over 100 soldiers to the Leggz Dance. It is important that we take HON. DIANA DeGETTE war effort. It was in the Widow's White Tavern every step possible to prevent child abduc- OF COLORADO at the corner of Colonial Drive and South Fin- tions in our communities. IN THE HOUSE OF REPRESENTATIVES ley Avenue that General Charles Lee, second f Friday, May 19, 2000 in command only to General George Wash- ington, was captured by British Troops. Years JOHN RIGAS BIRTHDAY MESSAGE The House in Committee of the Whole later, during the Civil War, Bernards Township House on the State of the Union had under was a production center for Union uniforms HON. MICHAEL BILIRAKIS consideration the bill (H.R. 4475 making ap- propriations for the Department of Transpor- and for axles and wagons in its hub and OF FLORIDA spokes factory. tation and related agencies for the fiscal IN THE HOUSE OF REPRESENTATIVES year ending September 30, 2001, and for other Bernards Township has continued to be a Monday, May 22, 2000 purposes. location for significant events into the 20th Mr. BILIRAKIS. Mr. Speaker, Mr. John Ms. DEGETTE. Mr. Chairman, I rise in sup- century. The Basking Ridge village green was Rigas, of Coudersport, Pennsylvania, recently port of H.R. 4475, the Fiscal Year 2001 appro- the site for a speech given by Woodrow Wil- celebrated his 75th birthday and 48th year in priations bill for the Department of Transpor- son just before the first World War. the cable business. I have come to know him tation and Related Agencies. This important Bernards Township is now home to the well over the yearsÐunfortunately not seeing legislation contains federal transit capital funds headquarters of the American Telephone and enough of him. that are vital to the success of the Denver Re- Telegraph Company, the Bonnie Brae Edu- The son of Greek immigrants, he was born gional Transportation District's new light rail cational Center, Lord Stirling School, Hooper in an apartment above his parents' restaurant transit corridors projects, the nearly completed Holmes, Ingersoll Rand, Fellowship Deaconry, in a small town in rural western New York. South West Corridor, and the new South East and the United States Golf Association. After receiving a degree in management engi- Corridor. neering, he returned home to help out with the I want to thank Transportation Sub- Mr. Speaker, for the past 240 years, Ber- family business. However, John Rigas had committee Chairman WOLF, Ranking Member nards Township has played a significant role other aspirations and he accepted a position SABO and the rest of the Committee for includ- in creating the cultural fabric of our state and as a Sylvania plant engineer in Emporium, ing $20,200,000 to help complete the SW Cor- nation's history and will most certainly con- Pennsylvania. After borrowing from family and ridor project, which opens for revenue service tinue to do so in the years to come. friends, he purchased the local movie theater this July. In addition, I appreciate the Commit- Mr. Speaker, I ask you and my colleagues in nearby Coudersport. tee's support for our new SE Corridor exten- to congratulate the citizens of the Township of To protect his movie theater business, he sion, which received an earmark for Bernards on this special anniversary year. invested $100 in a cable television franchise $3,000,000. These funds are derived from the

∑ 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 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.000 pfrm04 PsN: E22PT1 E802 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2000 Federal Transit Administration's Capital Invest- Highway Administration; the CDOT; and the Month in the Fourth Congressional District for ment Grants program which finances transit RTD. These agencies working together in a May 2000. It was one of 34 middle schools new starts projects. ``One Dot'' approach will insure the efficient and 32 high schools to be named a National Transportation is a key issue in the First delivery of this project. Service-Learning Leader School, and will be Congressional District of the State of Colo- In conclusion, completion of our SW Cor- honored by the White House in June. rado. I am proud that Denver's light rail and ridor light rail project is vital to our region's I want to congratulate the Clarke Middle multi-modal corridors are a growing local suc- ability to meet the challenges of rapid growth School community on receiving this national cess story and that the efforts of the Colorado responsibly. Moving ahead quickly with the honor, Nassau has noticed the difference delegation to win support for these projects multi-modal SE Corridor will demonstrate the Clarke students make in our community as a have been fruitful. The SW Corridor project federal government's support for communities result of their education.They deserve recogni- will be completed in the coming months with that are willing to invest in cost-effective trans- tion on a national level, not just on a local this year's appropriation of the final federal in- portation solutions to traffic congestion. one. stallment of its full funding grant agreement. Mr. Chairman, I support this bill and I thank Ivy Diton is the Principal of Clarke, and Dr. The new SE Corridor multi-modal project, the Committee for the critical funding it con- Robert Dillon is the Superintendent of Schools combining highway and light rail elements, is tains for transportation needs in my district. in the East Meadow School District. The anticipated to complete all the steps nec- f school teaches children in grades six through essary to receive a full funding grant agree- eight. ment as early as this year. DEPARTMENT OF TRANSPOR- The educational initiative of service-learning I have supported a robust FY 2001 appro- TATION AND RELATED AGEN- is on the rise in the United States. More and priation of $63,000,000 for the SE Corridor CIES APPROPRIATIONS ACT, 2001 more schools are beginning to incorporate project. As I mentioned, the bill before us con- community service into standard subjects. tains just $3,000,000 for the new corridor, SPEECH OF Clarke Middle School was recently recognized which I hope will grow as the bill progresses HON. ADAM SMITH as one of 34 middle schools in the nation who through the many steps of the congressional OF WASHINGTON have shown excellence in service-learning. appropriations process. This request, while IN THE HOUSE OF REPRESENTATIVES Clarke was the only school selected from the large, is amply justified because Denver resi- Long Island-New York City geographical area. dents have voted overwhelminglyÐ66 percent Friday, May 19, 2000 The pre-teen and teen years are crucial for supported the initiativeÐon last year's ballot The House in Committee of the Whole our kids. We know how capable they are, and issue to approve local funding for this multi- House on the State of the Union had under Clarke Middle School has used this to teach modal approach to improving Denver's trans- consideration the bill (H.R. 4475) making ap- their students the importance of giving back to portation system. Their support has been propriations for the Department of Transpor- our community. They are sending future gen- strong because our needs are strong. tation and related agencies for the fiscal erations of Long Islanders into their adult The rapidly growing transit needs in the year ending September 30, 2001, and for other world as better citizens. Denver region are clear. The Regional Trans- purposes. Service-learning is the term Clarke and portation District (RTD) provides public transit Mr. SMITH of Washington. Mr. Chairman, I other schools use to describe their way of service to over 2 million residents of the six stand in support of the FY01 Transportation teaching. It involves a healthy combination of counties and 41 municipalities in its 2,400 Appropriations bill, and in strong support of academics and community service, and is square mile districtÐone of the nation's larg- the funds allocated for Washington State's based on the joint efforts of teachers and stu- est transit districts. RTD's fleet of 933 buses Sound Transit Program. The funding provided dents to make a difference. Students benefit and 17 light rail vehicles carried over 74 mil- in this legislation will help Sound Transit de- from this approach because standard course lion passengers in 1999, its thirteenth con- liver a regional high-capacity transit system to material is supported by lessons of civic re- secutive year of increased ridership. the citizens of urban King, Pierce and Snoho- sponsibility. By teaching teens the importance The RTD has continued its progress in de- mish counties. of volunteering and helping others, they learn veloping rapid transit by extending construc- As anyone who has traveled to my home invaluable lessons that will strengthen our tion of light rail from the successful Central state knows, bad traffic is the one thing that communities. Corridor light rail line to the SW Corridor. The can make even the beautiful Puget Sound One hundred percent of Clarke's student 8.7 mile SW Corridor light rail extension will area seem less inviting. In fact, the Central body and faculty participate in service-learn- serve three major activity centers: the Denver Puget Sound Region has the 4th worst traffic ing. Ten subjects, including English, science, central business district, a regional retail and in the country. It is estimated that bottlenecks math, social studies, music, and art, feature a commercial center in Englewood, and the on both the highways and on the train tracks blend of community service and normal aca- Littleton Central Business District. costs our local economy billions of dollars demics. Not only has Denver RTD demonstrated a every year. That's why this investment in our Clarke teachers have noticed a significant strong commitment to keep the SW Corridor infrastructure is so crucial. The Sound Transit increase in their students' discipline, academic project on schedule by advancing its own local systemÐwhich employs a combination of performance, and level of responsibility. They funds, but it also has a proven record of build- commuter rail, electric light rail, HOV Express- have become more involved in the Long Is- ing light rail projects. Through its efficient han- ways, and regional express bus serviceÐwill land community by mentoring elementary dling of the construction of its existing Central go a long way toward relieving congestion school students, reading to preschool children, Corridor line, and now the SW Corridor line, and, importantly, improving quality of life for and teaching senior citizens about computers. RTD has demonstrated its ability to success- citizens throughout the Puget Sound. There are so many opportunities for our fully manage light rail projects. Building on this On behalf of the citizens of my district, I teens to get involved in the community. Every- experience, RTD together with the Colorado also want to thank the Chair, the Ranking one can use some help now and then. Who- Department of Transportation (CDOT) are now Member and the Members of the committee ever Clarke students are helping, they are giv- poised to implement the SE multi-modal for their support of Sound Transit. This pro- ing something back to Long Island, to the peo- project. This project will include 19 miles of gram will truly be one of the crown jewels of ple that have helped them before or need help light rail line which will run alongside Interstate America's public system and I'm proud to now. 25 (for 15 miles) from Broadway in Denver to stand in support of this program. f Lincoln Avenue in Douglas County and within f the median of 1±255 (for miles) from I±25 to SHOVALS HONORED BY B’NAI Parker Road. MAY SCHOOL OF THE MONTH B’RITH The SE Corridor connects the two largest employment centers in the regionÐthe Denver HON. CAROLYN McCARTHY HON. PAUL E. KANJORSKI Central Business District and the SE business OF NEW YORK OF PENNSYLVANIA district, together these two employment cen- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ters account for 18 percent of the metro re- gion's employment. The SE Corridor project is Monday, May 22, 2000 Monday, May 22, 2000 a joint effort of four agencies (for which inter- Mrs. MCCARTHY of New York. Mr. Speak- Mr. KANJORSKI. Mr. Speaker, today I pay agency agreements are already in place): The er, I have named W. Tresper Clarke Middle tribute to my very good friends, Susan and Federal Transit Administration; the Federal School in Westbury as the School of the Judd Shoval, from my district in Pennsylvania.

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.004 pfrm04 PsN: E22PT1 May 22, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E803 The Shovals will be honored at the prestigious Mr. Joseph Balchunas, recently named Flor- PERSONAL EXPLANATION S.J. Strauss Lodge of the B'nai B'rith Lincoln ida's Teacher of the Year. A teacher who real- Day Dinner on May 24 as this year's recipi- izes the sky is the limit, who understands that HON. LUIS V. GUTIERREZ ents for the distinguished Community Service knowledge is power, and who enriches the OF ILLINOIS Award. I am pleased and proud to have been lives of those around him distinguishes Mr. IN THE HOUSE OF REPRESENTATIVES asked to participate in this event. Balchunas. Mr. B, as his friends and family Monday, May 22, 2000 Judd and Susan Shoval are among the call him, insist that his students raise their Mr. GUTIERREZ. Mr. Speaker, I was un- most entrepreneurial and community-minded ideals, broaden their horizons, but most impor- avoidably absent from the House floor when a business leaders in my district. As partners in tantly learn to demand more of themselves. vote was taken on amendment number 204 the Guard Insurance Company, specializing in His students regularly test above average regarding the School of the Americas. I have workers' compensation insurance, the Shovals standards, a testimony to his tireless efforts always voted in support of any amendment to have expanded the company from its founding and commitment to education. This is the first eliminate and/or drastically change the way in the early 1980s to a sophisticated insuring time in twelve years that a teacher from organization with more than 20,000 customers this school functions and had I been present Broward County has been honored with this in this Chamber when this vote was cast, I in 16 states, with three subsidiaries. Just last achievement. fall, the couple opened Guard Security Bank, would have voted ``yes.'' which uses electronic banking procedures, of- Joseph Balchunas inspires his students to f fering select financial products to both individ- dream, and not to let anyone get in the way of those dreams. In his five years as a teach- HONORING JENNIE SLEGERS ON uals and business. HER 100TH BIRTHDAY Susan is a native of Northeastern Pennsyl- er, Mr. B has proven that teaching is not only vania. She graduated magna cum laude from a job, but a personal commitment, and ex- Cornell University and graduated with highest pects his students to make the same commit- HON. STEPHEN HORN honors from the College of Insurance in New ment to their future. He is loved by many, but OF CALIFORNIA York City. In 1993, she was honored as the most fortunate are those who have the pleas- IN THE HOUSE OF REPRESENTATIVES recipient of the Greater Wilkes-Barre Chamber ure of being one of his students. His devotion Monday, May 22, 2000 of Commerce Athena Award and was named encourages his students to imagine and cre- Mr. HORN. Mr. Speaker, today I want to ex- among Pennsylvania's Best 50 Women in ate. tend congratulations and best wishes to Mrs. Business in 1997. She is a member of the Mr. Speaker, I am proud to salute Joseph Jennie Slegers of Artesia, California, who Committee of 200, a select group of women Balchunas for being named Florida's Teacher celebrates her 100th birthday later this week. who head successful firms. of the Year. He is truly a great educator, one Mrs. Slegers was born May 26, 1900, in the Susan has served the community on the that all of us should be proud to commend. Netherlands and came to the United States in United Way Board and local university boards, 1922. Celebrating this occasion with her are but I am especially appreciative of the tremen- f her five children, 20 grandchildren, 34 great- dous amount of time and leadership Susan grandchildren and seven great-great-grand- provided as a director on the board of the NATIONAL MARITIME DAY children. By my count that is 66 AmericansÐ Earth Conservancy, a non-profit organization many of them my constituentsÐwho are living, dedicated to reclaiming 16,000 acres of former working, playing, learning, paying taxes, con- coal mine land. Among the couple's proudest HON. PAT DANNER tributing to our economy, helping build our accomplishments are their four children, Ben, communitiesÐall because Jennie Slegers de- Deborah, Karyn and Rebecca. OF MISSOURI cided long ago that she wanted to be an Judd Shoval is Susan's life partner and IN THE HOUSE OF REPRESENTATIVES American. business partner, serving also as chief execu- Mr. Speaker, this remarkable woman now tive officer and a director of Guard Insurance, Monday, May 22, 2000 enjoys life at the Artesia Christian Home, its subsidiaries and the Guard Security Bank. where she spends her spare time in knitting He is a past chairperson of Associated Risk Ms. DANNER. Mr. Speaker, today I pay trib- and what she called ``socializing.'' And, she re- Managers International and has been a mem- ute to the hundreds of thousands of United mains very involved in doing all she can to ber of the Young Presidents Organization, States Merchant Mariners who have coura- help fellow residents of the home. I join her comprised of presidents and chief executive geously served our country during times of family and many friends in wishing Mrs. officers of medium- to large-sized companies. peace and war. Congress established National Slegers a happy 100th birthday and many He is also very involved in the community, Maritime Day in 1933 to recognize the vital more to come. serving on boards of the local universities, the contributions of all American seamen through- f Jewish Community Center and United Jewish out our nation's rich maritime history. This day Campaign. Born in Austria, Judd was raised in would soon come to hold special meaning in PERSONAL EXPLANATION Israel and received his law degree from the honor of those merchant mariners who served Hebrew University in Jerusalem. He came to in defense of American freedoms during HON. CASS BALLENGER the United States in the early 1970s, finally WWII. On behalf of Kansas City resident Mar- OF NORTH CAROLINA settling in Northeastern Pennsylvania. shall Garry, I feel privileged to honor their ac- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the Shovals are dedicated pro- complishments today. Monday, May 22, 2000 fessionals and community leaders. I applaud As legendary Navy Admiral Chester A. Nim- Mr. BALLENGER. Mr. Speaker, on Wednes- the S.J. Strauss Lodge's choice of this year's itz wrote following the Allied victory in 1945, day, May 17, 2000, I missed rollcall vote 193 recipients for the distinguished Community ``Not one of us who fought in the late war can (H.R. 4205) because I was conducting a Sub- Service Award. I am pleased and proud to join forgetÐnor should any citizen be allowed to committee on the Western Hemisphere hear- with the Lodge and the community in con- forgetÐthat the national resource which en- ing in the absence of the Chairman. Had I gratulating them and sending my sincere best abled us to carry the war to the enemy and been present I would have voted ``yea''. wishes for continued success. fight in his territory and not our own was our f f Merchant Marine.'' The Merchant Marine INTRODUCTION OF THE RAIL HONORING MR. JOSEPH played a vital role in our nation's greatest vic- tory, indeed almost 7,000 marinersÐor one in MERGER REFORM AND CUS- BALCHUNAS AS FLORIDA’S TOMER PROTECTION ACT TEACHER OF THE YEAR 32 personnelÐwould make the ultimate sac- rifice in honor of our country. HON. EARL POMEROY Once again, Mr. Speaker, I encourage my HON. ALCEE L. HASTINGS OF NORTH DAKOTA colleagues to join with me in commemorating OF FLORIDA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the extraordinary, yet often forgotten, accom- plishments of these brave individuals. Our na- Monday, May 22, 2000 Monday, May 22, 2000 tion is forever indebted to their service and I Mr. POMEROY. Mr. Speaker, I am pleased Mr. HASTINGS of Florida. Mr. Speaker, honor them today on this, America's 67th cele- to introduce the Rail Merger Reform and Cus- today I pay tribute to a phenomenal teacher, bration of National Maritime Day. tomer Protection Act. This legislation would

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.007 pfrm04 PsN: E22PT1 E804 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2000 extend the reach of the antitrust laws to the Additionally, the legislation ensures that relief This Park and Fountain honor Bob Molina's railroad industry while providing the Surface can be sought under the current regulatory lifetime of service to his nation, community, Transportation Board (STB) with additional cri- framework or through the antitrust laws. cherished Teamsters Union, and beloved fam- teria on which to evaluate future railroad In light of the recent decision by the Surface ily. It is a symbol of his outstanding qualities mergers. Transportation Board to place a 15-month that included hard work, concern, and dedica- For virtually every business in the United moratorium on mergers and its solicitation on tion that enhanced the lives of the many peo- States, mergers and acquisitions in excess of how merger rules can and should be revised, ple who had the pleasure of being touched by $10 million are subject to Antitrust Division of we have an unprecedented opportunity to re- his life. the Department of Justice. Railroads, how- shape railroad policy for the 21st Century. In ever, are treated differently. Under current law, this day and age, there is no public policy rea- f the STB has exclusive jurisdiction over most son to justify the industry's special treatment, matters concerning rail transportation including particularly since the railroads have enjoyed FLOYD D. SPENCE NATIONAL DE- mergers and acquisitions. In exercising that considerable deregulation under both the FENSE AUTHORIZATION ACT FOR authority, the STB has approved a series of Staggers Act and the Interstate Commerce FISCAL YEAR 2001 mergers over the past twenty years since pas- Commission (ICC) Termination Act. The pas- sage of the Staggers Act which has resulted sage of these laws which reduced the scope SPEECH OF in widespread consolidation in the rail industry. and effectiveness of the regulatory agency, This consolidation has reduced the number of makes it more necessary than ever for ship- HON. TIM ROEMER rail carriers from 40 Class I railroads to just 7, pers to have the full panoply of remedies OF INDIANA resulting in significant service disruptions, neg- available against monopolistic activities. ative impacts on shippers and a reduction in I am pleased that the Alliance for Rail Com- IN THE HOUSE OF REPRESENTATIVES competition. petition, the Consumers United for Rail Equity, Wednesday, May 17, 2000 Mr. Speaker, believe it or not, the railroad National Farmers Union, American Farm Bu- industry is the only industry, except for Amer- reau Federation, National Association of The House in Committee of the Whole ica's favorite pastime, baseball, that is almost Wheat Growers, Northern States Power, the House on the State of the Union had under entirely exempt from the substance of the anti- American Forests and Paper Association and consideration the bill (H.R. 4205) to authorize trust laws. With the rail industry now consoli- the National Association of Chemical Distribu- appropriations for fiscal year 2001 for mili- dated to seven major railroads, and the stage tors have endorsed this legislation. tary activities of the Department of Defense set for a possible final consolidation, there is I urge my colleagues to join me in this effort and for military construction, to prescribe military personnel strengths for fiscal year an increased potential for the rail industry to to ensure that the railroad industry is subject 2001, and for other purposes: exercise market power and monopoly abuse to the same laws as every other industry. It is against shippers. In order to protect shippers in the public interest to raise the bar for review Mr. ROEMER. Mr. Chairman, I strongly sup- and promote true competition, it makes sense of the last few remaining mergers and to have port the Defense Authorization bill for fiscal to treat the railroads like other industries and oversight by the Department of Justice of the year 2001. This legislation has placed great subject them to the jurisdiction of the Depart- actions of the railroads. emphasis on expanding quality of life initia- ment of Justice and full application of antitrust f tives, addressing readiness shortfalls, and en- laws. hancing modernization programs. I am particu- Currently, the Department of Justice can IN HONOR OF BOB MOLINA larly supportive of the procurement budget in only comment on proposed mergers. In pre- this legislation for the High Mobility Multipur- vious mergers the recommendations of DOJ HON. JOE BACA pose Wheeled Vehicle (HMMWV) or Hummer. were ignored. For example the Department of OF CALIFORNIA The Congress and especially the Armed Justice pegged the Union Pacific-Southern Pa- IN THE HOUSE OF REPRESENTATIVES Services Committee have strongly supported cific merger ``the most anti-competitive rail Monday, May 22, 2000 sustained Hummer production. The hard-work- merger in history.'' In that merger, the STB ig- ing people of Indiana's Third Congressional nored not only the concerns expressed by De- Mr. BACA. Mr. Speaker, on Saturday, May district have responded by providing a vehicle partment of Justice, but also the concerns of 27th at 10 a.m. we will be dedicating the new that has met, and in many cases, exceeded rail customers, organized labor and the United Bob Molina Memorial Park and Fountain in Ri- the needs of our brave troops in the field. States Department of Agriculture. I believe alto. Moreover, both the Army and the Marine that the Department of Justice, an agency that Bob Molina passed away on July 7, 1998, Corps have identified the Hummer among can objectively evaluate the impact of mergers after battling an illness. Those of us who knew their unfunded modernization priorities. This and protect shippers from the continual de- him were moved by his incredible determina- defense authorization bill meets those prior- crease in competition, needs to have a strong tion, positive attitude, and cheerfully optimistic ities by increasing the budget by $28 million, voice in mergers reviewed by the Surface disposition. thereby allowing the Army and the Marines to Transportation Board. Bob distinguished himself as a member of buy more Hummers to replace their aging fleet My legislation would require both the De- the International Brotherhood of Teamsters for and provide technology insertion. This will go partment of Justice and the STB to review and 36 years, serving as Shop Steward, Business a long way toward protecting our brave men approve future rail mergers. Under this pro- Agent, and President, as well as on the Exec- and women in uniform deployed in Kosovo posed regulatory framework, the DOJ would utive Boards, grievance committees, and ne- and Bosnia. approve a merger unless it substantially re- gotiation teams. strains commerce in any section of the country He was a tenacious fighter for the members I am excited by the growing capabilities of or tends to create a monopoly in any line of he represented; he battled for higher wages, the Hummer. Earlier this year, I went home to commerce. The STB would still be required to improved pensions, and the highest quality visit the Hummer plant and saw a prototype of review and approve a merger under a similar medical benefits; and he struggled for contract the commercial Hummer II which is being de- standard but it would also judge the proposed language providing for a safe workplace and veloped by a joint effort between AM General merger by a broader public interest standard. decent working conditions. and General Motors. The Hummer's expan- However, my legislation would not allow a As we dedicate the Park and Fountain, it is sion into the commercial marketplace will re- merger to move forward without approval from fitting to note that Bob Molina demonstrated sult in the sharing of leading technologies for both Department of Justice and Surface his commitment to the community through his commercial and military vehicles while main- Transportation Board. service as a Little League Coach, Pop Warner taining a highly skilled technological workforce Under my legislation, the STB would also be Coach, and Girls' Softball Coach, as well as in Indiana who I am very proud to represent. required to examine several additional criteria the Cub Scouts. He also served our nation in Mr. Chairman, I wish to express my grati- before approving a merger. The merger (1) the United States Navy. tude to the members of the Armed Services cannot eliminate transportation alternatives; He was a devoted husband, father, and Committee who have reported a defense au- (2) must improve transportation alternatives; grandfather. During his 32 year marriage, he thorization bill that will ensure continued Hum- (3) must improve competition among rail car- and his wife Barbara had 9 children and 14 mer production. I urge my colleagues to sup- riers; (4) must improve service to customers. grandchildren. port this legislation.

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.013 pfrm04 PsN: E22PT1 May 22, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E805 INTRODUCTION OF LEGISLATION have invested most, if not all, of their assets treatment. In the estate tax area, relief was TO PROVIDE EXTENDED PAY- in the business. Where a business constitutes geared to the same definition under Sub- MENT OF ESTATE TAX FOR ES- the major part of a person's estate, the estate chapter S. In 1976, when Congress re-visited TATES WITH CLOSELY HELD must sell off the business assets, or in many the estate tax, it extended the deferral and in- BUSINESSES cases the business itself, to pay the federal stallment payment relief to businesses with 15 estate tax within 9 months of the owner's or less owners in keeping with the revised HON. NEIL ABERCROMBIE death. Subchapter S definition of small business. In OF HAWAII Now, sale of the business or sale of the 1996, Congress modified the definition of a IN THE HOUSE OF REPRESENTATIVES business assets is hard to complete within 9 small business under Subchapter S to mean a months. The seller is not going to get the full Monday, May 22, 2000 business with less than 75 owners, but Con- value of the property in a forced sale. Instead gress failed to make the comparable change Mr. ABERCROMBIE. Mr. Speaker, Mrs. of this losing proposition, an aging parent in the estate tax. Consequently estate tax re- MCCARTHY from New York joins me today in while still living will often sell the family busi- lief for closely held businesses is now based introducing a bill to provide estate tax relief for ness even though the children want to retain on an antiquated definition. closely held, family-owned businesses. Both the enterprise. Mrs. MCCARTHY and I support repeal of the Even the tax scholars, who argue in favor of The proposal in the bill Mrs. MCCARTHY and estate tax and we have co-sponsored legisla- the estate tax, agree that family businesses I are introducing, raises the number of permis- tion in this Congress, H.R. 8, to effect repeal. face a true hardship to raise cash for the es- sible shareholders and partners in a qualifying The Ways and Means Committee will soon tate tax. They recommend that family busi- business from 15 to 75 for purposes of section mark up H.R. 8 and report the measure for nesses should have an extended period to 6166 relief. Again, our proposal is consistent floor action. pay off the tax so that the business will not with the definition of a small business corpora- The estate tax threatens the survival of fam- have to be sold. tion in section 1361 of the tax code. Congress, ily businesses. Mrs. MCCARTHY has heard this Trying to deal with this problem, Congress in the Small Business Jobs Protection Act of in her Small Business Committee, just as I in 1958 and again in 1976 enacted the defer- 1996, had raised the permissible number of have heard from my constituents. Economists ral and installment payment provisions in cur- shareholders from 35 to 75 for small business and tax experts confirm that the estate tax rent law. Under section 6166 of the tax code, corporations under section 1361, and Con- creates a true impediment in passing the fam- an executor of an estate can elect to defer gress in that same bill should have made the ily business to the next generation. The Con- payment of the federal estate tax for 4 years same change for estate tax relief back in gressional Budget Resolution, however, pre- and pay the tax in annual installments over 1996. vents an immediate repeal of the estate tax, the next 10 years. The decedent's estate must and the anticipated committee recommenda- pay the Treasury a discounted rate of interest As I stated earlier, owners of closely held, tion will provide rate reduction with a gradual, on the amount of deferred tax outstanding. family businesses have to sell their business extended phase down of the tax. The 4-year deferral and 10-year installment to meet their estate tax liability. The proposed I support that recommendation as do many payment apply as to the estate tax on a close- relief gives family-owned businesses as well of my colleagues. But family-owned busi- ly held business. as other closely held businesses, additional nesses need immediate relief if they are to This relief covers ownership of a sole propri- time to pay the tax. Business earnings could survive as family enterprises. Any business etorship, a corporation, or a partnership. But then be used to pay the decedent's estate tax owner who dies during that phase-down pe- the relief is restricted under an obsolete defini- liability without having to sell business assets riod, will face the problem of having to sell the tion of eligibility. Back in 1948, the tax code or the business itself. The children could con- business to pay the tax. Active, family-owned defined a small business as having 10 or less tinue to own and run the family business. I businesses are inherently illiquid. The owners shareholders or owners for Subchapter S commend this bill to my colleagues.

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.015 pfrm04 PsN: E22PT1 E806 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2000 SENATE COMMITTEE MEETINGS rector General of the Foreign Service, 10 a.m. Title IV of Senate Resolution 4, Department of State. Health, Education, Labor, and Pensions SD–419 agreed to by the Senate on February 4, Public Health Subcommittee Banking, Housing, and Urban Affairs To hold hearings to examine gene ther- 1977, calls for establishment of a sys- Business meeting to markup S. 2107, to apy issues. tem for a computerized schedule of all amend the Securities Act of 1933 and SD–430 meetings and hearings of Senate com- the Securities Exchange Act of 1934 to Banking, Housing, and Urban Affairs mittees, subcommittees, joint commit- reduce securities fees in excess of those Financial Institutions Subcommittee tees, and committees of conference. required to fund the operations of the To hold hearings on the competition and This title requires all such committees Securities and Exchange Commission, innovation in the credit card industry, to notify the Office of the Senate Daily to adjust compensation provisions for focusing on the consumer and network Digest—designated by the Rules com- employees of the Commission; S. 2382, level. to authorize appropriations for tech- mittee—of the time, place, and purpose SD–538 nical assistance for fiscal year 2001, to Governmental Affairs of the meetings, when scheduled, and promote trade anti-corruption meas- International Security, Proliferation and any cancellations or changes in the ures; S. 2266, to provide for the minting Federal Services Subcommittee meetings as they occur. of commemorative coins to support the As an additional procedure along 2002 Salt Lake Olympic Winter Games To hold hearings to examine the issuance with the computerization of this infor- and the programs of the United States of semipostal stamps by the U.S. Post- mation, the Office of the Senate Daily Olympic Committee; S. 2453, to author- al Service. Digest will prepare this information for ize the President to award a gold medal SD–342 2 p.m. printing in the Extensions of Remarks on behalf of Congress to Pope John Paul II in recognition of his out- Judiciary section of the CONGRESSIONAL RECORD To hold hearings on pending nomina- on Monday and Wednesday of each standing and enduring contributions to humanity; the nomination of Richard tions. week. Court Houseworth, of Arizona, to be a SD–226 Meetings scheduled for Tuesday, May Member of the Board of Directors of Commission on Security and Cooperation 23, 2000 may be found in the Daily Di- the Federal Deposit Insurance Corpora- in Europe gest of today’s RECORD. tion for the remainder of the term ex- To hold hearings to examine elections, MEETINGS SCHEDULED piring December 25, 2001; and the nomi- democratization and human rights in nation of Nuria I. Fernandez, of Illi- Azerbaijan. nois, to be Federal Transit Adminis- 2255 Rayburn Building MAY 24 trator. 2:30 p.m. 9 a.m. SD–538 Energy and Natural Resources Judiciary 2:30 p.m. National Parks, Historic Preservation, and Administrative Oversight and the Courts Energy and Natural Resources Recreation Subcommittee Subcommittee Water and Power Subcommittee To hold oversight hearings on the poten- To hold oversight hearings to examine To hold hearings on S. 2163, to provide tial ban on snowmobiles in Yellowstone the 1996 campaign finance investiga- for a study of the engineering feasi- tions. and Grand Teton National Parks and bility of a water exchange in lieu of the recent decision by the Department SD–226 electrification of the Chandler Pump- of the Interior to prohibit snowmobile 9:30 a.m. ing Plant at Prosser Diversion Dam, activities in other units of the Na- Energy and Natural Resources Washington; S. 2396, to authorize the tional Park System. Business meeting to consider pending Secretary of the Interior to enter into SD–366 calendar business. contracts with the Weber Basin Water SD–366 Conservancy District, Utah, to use Environment and Public Works Weber Basin Project facilities for the MAY 26 To hold hearings on S. 25, to provide impounding, storage, and carriage of 10 a.m. Coastal Impact Assistance to State and nonproject water for domestic, munic- Governmental Affairs local governments, to amend the Outer ipal, industrial, and other beneficial To hold hearings to examine export con- Continental Shelf Lands Act Amend- purposes; S. 2248, to assist in the devel- trol implementation issues with re- ments of 1978, the Land and Water Con- opment and implementation of projects spect to high performance computers. servation Fund Act of 1965, the Urban to provide for the control of drainage SD–342 Park and Recreation Recovery Act, water, storm water, flood water, and and the Federal Aid in Wildlife Res- other water as part of water-related in- JUNE 7 toration Act (commonly referred to as tegrated resource management, envi- the Pittman-Robertson Act) to estab- 9:30 a.m. ronmental infrastructure, and resource lish a fund to meet the outdoor con- Indian Affairs protection and development projects in servation and recreation needs of the To hold hearings on S. 2282, to encourage the Colusa Basin Watershed, Cali- American people; S. 2123, to provide the efficient use of existing resources fornia; S. 2410, to increase the author- Outer Continental Shelf Impact assist- and assets related to Indian agricul- ization of appropriations for the Rec- ance to State and local governments, tural research, development and ex- lamation Safety of Dams Act of 1978; to amend the Land and Water Con- and S. 2425, to authorize the Bureau of ports within the United States Depart- servation Fund Act of 1965, the Urban Reclamation to participate in the plan- ment of Agriculture. Park and Recreation Recovery Act of ning, design, and construction of the SR–485 1978, and the Federal Aid in Wildlife 2:30 p.m. Restoration Act (commonly referred to Bend Feed Canal Pipeline Project, Or- egon. Energy and Natural Resources as the Pittman-Robertson Act) to es- Forests and Public Land Management Sub- tablish a fund to meet the outdoor con- SD–366 Indian Affairs committee servation and recreation needs of the To hold hearings on S. 2300, to amend the American people; and S. 2181, to amend To hold hearings on S. 611, to provide for Mineral Leasing Act to increase the the Land and Water Conservation Fund administrative procedures to extend maximum acreage of Federal leases for Act to provide full funding for the Federal recognition to certain Indian coal that may be held by an entity in Land and Water Conservation Fund, groups. any 1 State; S. 2069, to permit the con- and to provide dedicated funding for SR–485 other conservation programs, including veyance of certain land in Powell, Wyo- coastal stewardship, wildlife habitat MAY 25 ming; and S. 1331, to give Lincoln protection, State and local park and 9:30 a.m. County, Nevada, the right to purchase open space preservation, historic pres- Energy and Natural Resources at fair market value certain public ervation, forestry conservation pro- To hold hearings to examine the outlook land in the county. grams, and youth conservation corps; for America’s natural gas demand. SD–366 and for other purposes. SD–366 Foreign Relations SD–406 Commerce, Science, and Transportation International Economic Policy, Export and 10 a.m. To hold hearings to examine a Federal Trade Promotion Subcommittee Foreign Relations Trade Commission survey of Internet To hold oversight hearings to examine To hold hearings on the nomination of privacy policies. satellite export controls. Marc Grossman, of Virginia, to be Di- SR–253 SD–419

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M22MY8.000 pfrm04 PsN: E22PT1 May 22, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E807 JUNE 21 Century to make certain amendments JULY 26 9:30 a.m. with respect to Indian tribes. 9:30 a.m. Indian Affairs SR–485 Indian Affairs To hold hearings on certain Indian Trust To hold hearings on authorizing funds for Corporation activities. JULY 12 programs of the Indian Health Care Im- SR–485 9:30 a.m. provement Act. Indian Affairs SR–485 JUNE 22 To hold oversight hearings on risk man- 9:30 a.m. agement and tort liability relating to SEPTEMBER 26 Commerce, Science, and Transportation Indian matters. 9:30 a.m. To hold hearings to examine issues deal- SR–485 ing with aviation and the internet, fo- Veterans’ Affairs To hold joint hearings with the House cusing on purchasing airline tickets JULY 19 through the internet, and whether or Committee on Veterans’ Affairs on the not this benefits the consumer. 9:30 a.m. Legislative recommendation of the SR–253 Indian Affairs American Legion. To hold oversight hearings on activities 345 Cannon Building JUNE 28 of the National Indian Gaming Com- 9:30 a.m. mission. Indian Affairs SR–485 To hold hearings on S. 2283, to amend the Transportation Equity Act for the 21st

VerDate 112000 04:30 May 23, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\M22MY8.000 pfrm04 PsN: E22PT1 Monday, May 22, 2000 Daily Digest Senate Chamber Action Additional Cosponsors Page S4239 Additional Statements: Pages S4230±36 Routine Proceedings, pages S4219–S4239 Adjournment: Senate convened at 11 a.m., and ad- Measures Introduced: Two bills were introduced, journed at 1:34 p.m., until 9:30 a.m., on Tuesday, as follows: S. 2600–2601. Page S4237 May 23, 2000. (For Senate’s program, see the re- Messages From the House: Page S4236 marks of the Majority Leader in today’s Record on Measures Referred: Page S4236 page S4239.) Measures Placed on Calendar: Page S4236 Communications: Pages S4236±37 Committee Meetings Statements on Introduced Bills: Pages S4237±39 No Committee meetings were held. h House of Representatives Historic Preservation Fund; and agreed to amend the Chamber Action title—clearing the measure for the President; Bills Introduced: 3 public bills, H.R. 4512–4514; Pages H3478±79 and 3 resolutions, H. Con. Res. 331–332 and H. Fees for Making Movies and Television Produc- Res. 508, were introduced. Pages H3522±23 tions in the National Parks: Agreed to the Senate Reports Filed: Reports were filed today as follows: amendments to H.R. 154, to provide for the collec- H.R. 3916, to amend the Internal Revenue Code tion of fees for the making of motion pictures, tele- of 1986 to repeal the excise tax on telephone and vision productions, and sound tracks in National other communication services, amended (H. Rept. Park System and National Wildlife Refuge System 106–631); and units; and agreed to amend the title—clearing the H.R. 4444, to authorize extension of nondiscrim- measure for the President; Pages H3479±81 inatory treatment (normal trade relations treatment) Kake Tribal Corporation Land Transfer: S. 430, to the People’s Republic of China, amended (H. amended, to amend the Alaska Native Claims Settle- Rept. 106–632). Page H3522 ment Act, to provide for a land exchange between Speaker Pro Tempore: Read a letter from the the Secretary of Agriculture and the Kake Tribal Speaker wherein he designated Representative Corporation; Pages H3481±82 Kuykendall to act as Speaker pro tempore for today. Federal Courts Improvement Act: H.R. 1752, to Page H3477 make improvements in the operation and administra- Recess: The House recessed at 12:37 p.m. and re- tion of the Federal courts; Pages H3482±87 convened at 2:00 p.m. Page H3478 Alabama Hydroelectric Project: H.R. 3852, to Suspensions: The House agreed to suspend the rules extend the deadline for commencement of construc- and pass the following measures: tion of a hydroelectric project in the State of Ala- National Historic Preservation Act Amendments bama (passed by a yea and nay vote of 354 yeas with of 2000: Agreed to the Senate amendments to H.R. none voting ‘‘nay’’, Roll No. 211). Subsequently, the 834, to extend the authorization for the National House passed S. 1836, a similar Senate passed bill— D505

VerDate 11-MAY-2000 04:24 May 23, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY0.REC pfrm04 PsN: D22MY0 D506 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2000 clearing the measure for the President. H.R. 3852 Traficant amendment No. 3 printed in the Con- was then laid on the table. Pages H3488, H3493±94 gressional Record that seeks to require a report on Arrowrock Dam, Idaho Hydroelectric Project: S. the effects of foreign espionage on United States 1236, amended, to extend the deadline under the trade secrets; and Page H3507 Federal Power Act for commencement of the con- Traficant amendment No. 4 printed in the Con- struction of the Arrowrock Dam Hydroelectric gressional Record that seeks to require a report with- Project in the State of Idaho (passed by a yea and in 60 days by the Director of Central Intelligence on nay vote of 356 yeas with none voting ‘‘nay’’, Roll whether the policies and goals of the People’s Re- No. 212); Pages H3488±89, H3494±95 public of China constitute a threat to our national security Pages H3507±08 Muhammad Ali Boxing Reform Act: Agreed to The House agreed to H. Res. 506, the rule that the Senate amendment to H.R. 1832, to reform un- is provided for consideration of the bill on May 19. fair and anticompetitive practices in the professional boxing industry clearing the measure for the Presi- Amendments: Amendments ordered printed pursu- dent; and Pages H3489±91 ant to the rule appear on pages H3523–26. National Moment of Remembrance For Those Quorum Calls—Votes: Three yea and nay votes de- Who Died in Pursuit of Freedom: H. Con. Res. veloped during the proceedings of the House today 302, calling on the people of the United States to and appear on pages H3493–94, H3494–95, and observe a National Moment of Remembrance to H3495. There were no quorum calls. honor the men and women of the United States who Adjournment: The House met at 12:30 p.m. and died in the pursuit of freedom and peace (agreed to adjourned at 9:44 p.m. by a yea and nay vote of 362 yeas, Roll No. 213). Pages H3491±93, H3495 Recess: The House recessed at 3:06 p.m. and recon- Committee Meetings vened at 6:00 p.m. Page H3493 No Committee meetings were held. Presidential Messages: Read the following mes- f sages from the President: NEW PUBLIC LAWS Agreement with Korea Re Social Security: Read a message from the President wherein he transmitted (For last listing of Public Laws, see DAILY DIGEST, p. D444) the agreement between the United States and Korea H.R. 434, to authorize a new trade and invest- on Social Security—referred to the Committee on ment policy for sub-Sahara Africa, expand trade ben- Ways and Means and ordered printed (H. Doc. efits to the countries in the Caribbean Basin, renew 106–243); and Page H3496 the generalized system of preferences, and reauthor- Agreement with Chile Re Social Security: Read ize the trade adjustment assistance programs. Signed a message from the President wherein he transmitted May 18, 2000. (P.L. 106–200) the agreement between the United States and Chile S. 1744, to amend the Endangered Species Act of on Social Security—referred to the Committee on 1973 to provide that certain species conservation re- Ways and Means and ordered printed (H. Doc. ports shall continue to be required to be submitted. 106–244). Page H3496 Signed May 18, 2000. (P.L. 106–201) Intelligence Authorization Act for FY 2001: The S. 2323, to amend the Fair Labor Standards Act House began considering amendments to H.R. of 1938 to clarify the treatment of stock options 4392, to authorize appropriations for fiscal year 2001 under the Act. Signed May 18, 2000. (P.L. for intelligence and intelligence-related activities of 106–202) the United States Government, the Community f Management Account, and the Central Intelligence Agency Retirement Disability System. Consideration COMMITTEE MEETINGS FOR TUESDAY, will resume at a later date. Pages H3496±H3509 MAY 23, 2000 The following amendments were offered and de- (Committee meetings are open unless otherwise indicated) bated. Further proceedings were postponed. Roemer amendment No. 1 printed in the Con- Senate gressional Record that seeks to require an annual Committee on Armed Services: to hold hearings on United statement of the total amount of intelligence ex- States strategic nuclear force requirements. penditures for the preceding fiscal year; (Closed Hearing will follow in S–407), 9:30 a.m., Pages H3498±H3507 SD–106.

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Committee on Banking, Housing, and Urban Affairs: Sub- Subcommittee on Telecommunications, Trade, and committee on Housing and Transportation, to hold hear- Consumer Protection, hearing on Obscene Material Avail- ings to examine the consolidation of HUD’s homeless as- able via the Internet, 10 a.m., 2123 Rayburn. sistance programs, 9:30 a.m., SD–538. Committee on Education and the Workforce, Subcommittee Committee on Energy and Natural Resources: Subcommittee on Employer-Employee Relations, to mark up H.R. 3462, on Water and Power, to hold hearings on S. 740, to Wealth Through The Workplace Act of 2000, 10:30 amend the Federal Power Act to improve the hydro- a.m., 2175 Rayburn. electric licensing process by granting the Federal Energy Committee on the Judiciary, hearing on H.R. 2121, Secret Regulatory Commission statutory authority to better co- Evidence Repeal Act of 1999, 10 a.m., 2141 Rayburn. ordinate participation by other agencies and entities, 2:30 Committee on Resources, oversight hearing on Funding of p.m., SD–366. Environmental Initiatives and their Influence on Federal Committee on Environment and Public Works: Sub- Public Lands Policies, 2 p.m., 1324 Longworth. committee on Transportation and Infrastructure, to hold Subcommittee on National Parks and Public Lands, hearings to examine the Administration’s Water Re- hearing on H.R. 3033, to direct the Secretary of the Inte- rior to make certain adjustments to the boundaries of Bis- sources Development Act proposal, 10 a.m., SD–406. cayne National Park in the State of Florida, 10 a.m., Committee on Foreign Relations: to hold hearings on the 1334 Longworth. Meltzer Commission, focusing on the future of the Inter- Subcommittee on Water and Power, hearing on H.R. national Monetary Fund and world, 3 p.m., SD–419. 4389, to direct the Secretary of the Interior to convey Committee on Small Business: to hold hearings on Internal certain water distribution facilities to the Northern Colo- Revenue Service restructuring, focusing on small busi- rado Water Conservancy District, 2 p.m., 1334 Long- nesses, 10 a.m., SR–428A. worth. Committee on Rules, to consider the following: H.R. House 4444, to authorize extension of nondiscriminatory treat- Committee on Appropriations, Subcommittee on VA, ment (normal trade relations treatment) to the People’s HUD and Independent Agencies, to mark up appropria- Republic of China; and H.R. 3916, to amend the Internal tions for fiscal year 2001, 3:30 p.m., H–140 Capitol. Revenue Code of 1986 to repeal the excise tax on tele- Committee on Armed Services, Special Oversight Panel on phone and other communication services, 11 a.m., H–313 Terrorism, hearing on terrorist threats to the United Capitol. States, 2 p.m., 2212 Rayburn. Committee on Science, Subcommittee on Technology, Committee on Commerce, Subcommittee on Finance and hearing on Technology Transfer Challenges and Partner- Hazardous Materials, hearing entitled: ‘‘PNTR: Opening ships: A Review of the Department of Commerce’s Bien- the World’s Biggest Potential Market to American Finan- nial Report on Technology Transfer, 10 a.m., 2318 Ray- cial Services Competition,’’ 2:30 p.m., 2123 Rayburn. burn. Subcommittee on Oversight and Investigations, hearing entitled: ‘‘Whistleblowers at Department of Energy Fa- Joint Meetings cilities: Is There Really ‘Zero Tolerance’ for Contractor Commission on Security and Cooperation in Europe: to hold Retaliation?’’ 9:30 a.m., 2322 Rayburn. hearings to examine human rights abuses in Russia, 10:30 a.m., 2200, Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, May 23 9 a.m., Tuesday, May 23

Senate Chamber House Chamber Program for Tuesday: After the recognition of three Program for Tuesday: Consideration of Suspensions: Senators for speeches and the transaction of any morning (1) H.R. 3544, Pope John Paul II Congressional Gold business (not to extend beyond 11:30 a.m.), Senate may Medal Act; begin consideration of S. 2536, Agriculture Appropria- (2) H.R. 4268, Veterans and Dependents Millennium tions for Fiscal Year 2001. Education Act; (Senate will recess from 12:30 p.m. until 2:15 p.m., for (3) H.J. Res. 98, Recognition of World War II Minor- their respective party conferences.) ity Veterans; (4) H.R. 3639, Designating the State Department Headquarters as the ‘‘Harry S. Truman Federal Building’’; (5) H.Con.Res. 293, Compliance with Hague Conven- tion on International Child Abduction; (6) H.R. 4489, INS Data Management Improvement Act of 2000; (7) H.R. 3637, Private Mortgage Insurance Technical Corrections and Clarification Act; and (8) H.R. 2498, Cardiac Arrest Survival Act.

Extensions of Remarks, as inserted in this issue

HOUSE Danner, Pat, Mo., E803 Kanjorski, Paul E., Pa., E802 DeGette, Diana, Colo., E801 McCarthy, Carolyn, N.Y., E801, E802 Abercrombie, Neil, Hawaii, E805 Frelinghuysen, Rodney P., N.J., E801 Pomeroy, Earl, N.D., E803 Baca, Joe, Calif., E804 Gutierrez, Luis V., Ill., E803 Roemer, Tim, Ind., E804 Ballenger, Cass, N.C., E803 Hastings, Alcee L., Fla., E803 Smith, Adam, Wash., E802 Bilirakis, Michael, Fla., E801 Horn, Stephen, Calif., E803

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