September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17795 HOUSE OF REPRESENTATIVES—Wednesday, September 13, 2000

The House met at 10 a.m. lic for which it stands, one nation under God, Bob Knight was a coach, not a guid- The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. ance counselor or a spiritual leader. Coughlin, offered the following prayer: f I yield back all those zero-tolerant, Almighty God and Lord of our life, overpaid, IUD administrators that Bob LORAL CORPORATION we seek Your guidance that we may Knight should have kicked right in the live Your life to fullest measure. (Mr. PITTS asked and was given per- crotch. Since the time of Sarah and Abra- mission to address the House for 1 f ham, Your covenant with Your people minute and to revise and extend his re- has been the model of married life and marks.) CHILDHOOD CANCER AWARENESS civic order. Mr. PITTS. Mr. Speaker, we all re- MONTH Enable husbands and wives to live in member the fund-raising scandal that (Ms. PRYCE of Ohio asked and was deeper understanding, honoring each the President and the Democrats got given permission to address the House other for their words and their good- themselves into in 1996, foreign money for 1 minute and to revise and extend ness. and money laundering. But perhaps the her remarks.) May all people, especially children, worst part was the apparent influence Ms. PRYCE of Ohio. Mr. Speaker, I live without fear or intimidation. of the People’s Republic of China. am wearing this gold ribbon today in Strengthen the bonds of intimacy in We all remember that the Loral Cor- support of Childhood Cancer Awareness American family life that hearts will poration which leaked sensitive missile Month and to honor young children be converted to lasting values and find data to China was a major Democratic like my own daughter, Caroline, who joy as they continually uncover love contributor that year. have lost their lives to this devastating and faithfulness in themselves and in In fact, Bernard Schwartz, the presi- disease and to show my support for each other. dent and CEO of that company, the those kids who have survived through As the Government of this Nation, largest single contributor to the DNC, their courageous, sometimes years let us create an atmosphere of peace was recommended in 1998 as the focus long, submission to painful and iso- which helps family life flourish for gen- of an independent counsel investiga- lating treatments. erations to come. tion to find out if there was a connec- Leukemia, chemotherapy, lym- You are our source and guide now tion between donations and technology phoma, neuroblastoma, these are terms and forever. Amen. transfers. no small child should have to pro- f Well, one would think they would nounce. And instead of the normal learn their lesson. But we found out third-grade spelling words, my Caroline THE JOURNAL last week that Mr. Schwartz is again was proud that she could spell Diflucan The SPEAKER. The Chair has exam- giving huge amounts of money to the and Ativan, just two of the many drugs ined the Journal of the last day’s pro- Democrats. she had to take every single day. ceedings and announces to the House FEC reports show that he has given As millions of kids return to school his approval thereof. an average of $40,000 a month to Demo- this September, we put the spotlight Pursuant to clause 1, rule I, the Jour- crats since January of 1999, most of it on this deadly disease. Two classrooms nal stands approved. in unrestricted soft-money donations. full of our children every weekday are Mr. FILNER. Mr. Speaker, pursuant I call on the Democrats to return diagnosed with cancer. to clause 1, rule I, I demand a vote on these donations until we determine Cancer strikes more children than agreeing to the Speaker’s approval of once and for all what his role was in asthma, diabetes, cystic fibrosis, and the Journal. leaking sensitive missile data to the AIDS combined. And while the inci- The SPEAKER. The question is on Chinese. dence is steadily rising, childhood can- the Chair’s approval of the Journal. This is not just a matter of ethical cer still remains an underrecognized The question was taken; and the conduct. It is a matter of national se- and underserved disease. Speaker announced that the ayes ap- curity. This can change. This must change. peared to have it. f This will change. Mr. FILNER. Mr. Speaker, I object to f the vote on the ground that a quorum NO SURPRISE BOB KNIGHT WAS is not present and make the point of FIRED ELECTRICITY CRISIS IN SAN order that a quorum is not present. (Mr. TRAFICANT asked and was DIEGO The SPEAKER. Pursuant to clause 8, given permission to address the House (Mr. FILNER asked and was given rule XX, further proceedings on this for 1 minute and to revise and extend permission to address the House for 1 question will be postponed. his remarks.) minute.) The point of no quorum is considered Mr. TRAFICANT. Mr. Speaker, it is Mr. FILNER. Mr. Speaker, I just re- withdrawn. no surprise that Bob Knight was fired. turned from San Diego where earlier f But think about it. Bob Knight’s ath- this week hearings were held by the letes did not rape women, did not com- Committee on Commerce Sub- PLEDGE OF ALLEGIANCE mit murder, did not molest children, committee on Power and Energy yes- The SPEAKER. Will the gentleman did not carry guns, and did not sell terday by the Federal Energy Regu- from California (Mr. FILNER) come for- drugs. latory Commission on the electricity ward and lead the House in the Pledge In fact, Bob Knight’s student ath- crisis that is facing San Diego where, of Allegiance. letes were most noted for graduating, in the last 2 or 3 months, prices have Mr. FILNER led the Pledge of Alle- winning championships, being gentle- doubled and tripled for the average giance as follows: men, and exhibiting discipline and re- consumer, people have gone out of I pledge allegiance to the Flag of the spect. business not able to pay their bills, a United States of America, and to the Repub- Beam me up. tremendous drain on our economy

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

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17796 CONGRESSIONAL RECORD—HOUSE September 13, 2000 threatening recession for our whole States is heavier than ever. Threats We set a challenge for the lobbyists area. are no longer contained by bipolar we can get along better, and we are It became clear in those hearings ideologies. Threats come from every going to make sure that some young that this crisis was not brought about corner of the world. It is under these people here in Washington, D.C., ben- by any problem with the supply and de- conditions where our military forces efit from it. mand, as some people charged, but was find themselves doing more with less. f pure manipulation of the market by a Stretched to a point where spare few profit hungry power merchants parts become an oxymoron and reten- CHILDHOOD CANCER AWARENESS who provide and generate the elec- tion and morale is critical, it is in this (Mr. BALLENGER asked and was tricity for the western market. environment where I fail to understand given permission to address the House Three hundred fifty million dollars the President’s rationale in sending for 1 minute.) was sucked out of the San Diego econ- Congress defense budgets asking for Mr. BALLENGER. Mr. Speaker, we omy in the last 3 months, $2 billion out fewer and fewer dollars. are all aware of the impact that cancer of the California economy. In every budget year since Clinton has on the American public. Sadly, we I have legislation, Mr. Speaker, to and GORE took office, the administra- often do not realize the severity of make sure that the victims of this in- tion has proposed a decrease in defense childhood cancer. Today alone, 46 chil- credible price gouging disaster are not spending. As a matter of fact, the de- dren will be diagnosed with cancer. But the consumers and small business peo- fense budget has been reduced by more even more disturbing is that only two- than $10 billion in constant dollars ple of California but those who have thirds of those with cancer will sur- since fiscal year 1993. made the ill-gotten gains. vive. Fortunately, the Armed Forces have Please pass H.R. 5131 to help San Childhood cancer was recently Diego. received better support from a Repub- lican controlled Congress. Despite cuts brought to my attention when Kim- f proposed by the administration, Con- berly Davies, the daughter of a member DR. OSCAR ELIAS BISCET, CUBAN gress has funded above the President’s of my Washington staff, was diagnosed DISSIDENT request and has long recognized the im- with CML leukemia at the age of 7. Kimberly is doing well and continues (Ms. ROS-LEHTINEN asked and was portance of a prepared and well-funded military force. to fight this dreaded disease. Kimberly given permission to address the House is lucky, she has a bone marrow match for 1 minute and to revise and extend Mr. Speaker, we should be proud of our men and women in uniform and through her sisters. However, most her remarks.) should provide them what they need to children are forced to wait and look na- Ms. ROS-LEHTINEN. Mr. Speaker, do the job. tionally for bone marrow donors. This Dr. Oscar Elias Biscet, a Cuban dis- process can be extremely long and ter- f sident who, after more than 6 months ribly uncertain. of imprisonment in Castro’s jail, clings CONGRESSIONAL BASKETBALL The prognosis for Kimberly is posi- to life in the hope that his situation TEAM DEFEATS AMERICAN tive. However, without the constant re- will help galvanize the global commu- LEAGUE OF LOBBYISTS search and new methods of treatment, nity in support of Cuba’s political pris- (Mr. QUINN asked and was given per- Kimberly’s outlook may not have been oner and dissident movement. mission to address the House for 1 so good. Dr. Biscet, an Amnesty International minute.) Cancer is not a disease which only af- prisoner of conscience, has suffered 46 Mr. QUINN. Mr. Speaker, I am here fects adults. Cancer affects children, days of torture for refusing to succumb to announce that for the second year in too. It is important that Americans are to his oppressors. He has been denied a row now, the Congressional basket- aware of this and work to prevent and medical attention and has even been ball team has defeated the team of lob- cure all forms of cancer. In Congress, it denied a Bible and religious visits. byists from the American League of is important that we continue to fund The doctor interpreted his duty Lobbyists here in Washington, D.C. children’s cancer research. Every day, under the Hippocratic Oath as an obli- Last night’s game was a hard-earned science inches closer to finding a cure. gation to defend the lives of the Cuban victory of 70–67. Let us not hold back now. people. The Congressional team got together I urge my colleagues to support the Dr. Biscet could not ignore the cries in a bipartisan way. I would like to funding of child cancer research this of anguish of all who have died at the mention that the gentleman from Wis- year and in the years to come. hands of the Castro regime. His com- consin (Mr. BARRETT); the gentleman f mitment is clearly stated in a letter from New Jersey (Mr. LOBIONDO); the that he gave to his wife during their gentleman from Missouri (Mr. b 1015 last visit: HULSHOF); the gentleman from Ohio CHILDHOOD CANCER AWARENESS ‘‘The evil one, Castro, must acknowl- (Mr. OXLEY), our general manager and edge in me an eternal rival who will commissioner; the gentleman from In- (Mr. GIBBONS asked and was given not lower his sword of justice, even if diana (Mr. BUYER); the gentleman from permission to address the House for 1 confronted by misery, pain, and death South Dakota (Mr. THUNE), our MVP minute and to revise and extend his re- simultaneously.’’ last night; the gentleman from Wis- marks.) The U.S. and the Congress have al- consin (Mr. KIND); the gentleman from Mr. GIBBONS. Mr. Speaker, last ways stood for freedom and for the de- Washington (Mr. INSLEE); the gen- week, many parents throughout our fense of the oppressed the world over. tleman from New York (Mr. FOSSELLA); districts sent their wide-eyed, youth- I ask my colleagues to join me in the gentleman from Illinois (Mr. ful, energetic and anxious children off calling for Dr. Biscet’s immediate re- SHIMKUS); and the gentleman from to their first day of school. What is dis- lease so that he can continue his mis- California (Mr. BACA) all got together turbing to every one of us who may be sion to try to free the Cuban people. in an effort to prove that we can get a parent is that on any given school f along here in Washington and that we day, 46 children are diagnosed with can do better when the cause is right. cancer and two out of three will not AN IMPERFECT MILITARY Last night the American League of survive. (Mr. HEFLEY asked and was given Lobbyists organized a benefit for over September is Childhood Cancer permission to address the House for 1 $17,000 that will go to charity for the Month, placing the spotlight on pedi- minute.) Hill staffers, for the hungry and home- atric cancer, the number one disease Mr. HEFLEY. Mr. Speaker, the Cold less, for Horton’s kids, and for Every- killer of our children. War may be over but the weight of re- body Wins, a youth mentoring program While these statistics may be de- sponsibility inherited by the United here in the Washington, D.C. area. pressing, the research and innovation

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17797 into providing early diagnoses and Committee on Education and the Mr. WELLER. Mr. Speaker, there is a finding a cure proved to be very hope- Workforce. fundamental question this House of ful for many of us parents. This bill will improve reading train- Representatives has worked so hard to Mr. Speaker, Congress must remain ing of children, but above all, through address, and that is, is it right, is it committed to funding cancer research a stroke of genius, he has also included fair that under our Tax Code 25 million programs, especially for pediatric can- provisions that parents will receive married working couples on average cer. As we participate in the Childhood training in reading if they are illit- pay $1,400 more in higher taxes. Cancer Gold Ribbon Day, let us remem- erate. Let me give an example of a couple ber the youthful victims of cancer. Mr. Speaker, in my years of edu- back in Joliette, Illinois, Shad and Congress must fully fund pediatric cation, I discovered that the single Michelle Hallihan. They have a com- cancer research to ensure that they be- greatest factor in the success of the bined income of about $65,000. They are come youthful survivors instead of student is an interested and involved public school teachers. They own a youthful victims. parent. But if the parent cannot read, home. They have a little baby, Ben, a how do we expect the child to learn f child. how to read? They suffer the marriage tax penalty. IN MEMORY OF CARLOS CACERES The bill of the gentleman from Penn- In fact, their marriage tax penalty COLLAZO, U.S. CITIZEN KILLED sylvania (Mr. GOODLING) will ensure making $65,000 a year is about $1,400. IN EAST TIMOR VIOLENCE that both will happen, and it also Every House Republican, 51 Democrats (Mr. ROMERO-BARCELO´ asked and builds into it accountability to make joined with us, we voted to eliminate was given permission to address the certain that the government’s money the marriage tax penalty. Unfortu- House for 1 minute and to revise and is not wasted. This bill does much more nately, Bill Clinton and AL GORE ve- extend his remarks.) than just that, but I wanted to high- toed our effort to wipe out the mar- Mr. ROMERO-BARCELO´ . Mr. Speak- light this issue. I encourage all of my riage tax penalty for people like Shad er, the news last week of the brutal colleagues to vote yes on this excellent and Michelle Hallihan. AL GORE says murder of the three United Nations piece of education legislation. that people like Shad and Michelle who workers in West Timor, Indonesia at f make $65,000 a year, own a home, have a child, suffer a marriage tax penalty the hands of an angry mob has faded to IMPROVEMENTS IN MILITARY of $1,400 a year are rich and should not the back pages of the country’s daily RETIREE HEALTHCARE newspapers. be helped. That is wrong. (Ms. GRANGER asked and was given But for the family the only U.S. cit- My hope is today, as we vote to at- permission to address the House for 1 izen killed in that attack, Carlos tempt to override Bill Clinton’s and AL minute and to revise and extend her re- Caceres Collazo, a native of San Juan, GORE’s veto, that our effort to elimi- marks.) Puerto Rico, the agony of the tragedy nate the marriage tax penalty and that Ms. GRANGER. Mr. Speaker, I rise more Democrats will join with us on is still sinking in. today in support of improvements in Carlos Caceres Collazo joined the this fundamental issue of fairness. military retiree healthcare. While we We will work to help people like United Nations High Commission on can never adequately thank the mil- Shad and Michelle Hallihan, two public Refugees in 1995 and chose to work in lions of men and women who have school teachers who pay higher taxes the dangerous field of providing hu- proudly worn the uniform in defense of just because they are married. manitarian aid to refugees in troubled America, we must honor our commit- f spots such as East Timor. ments to them. The tragic death of this bright man, Several provisions of the fiscal year URGING COLLEAGUES TO OVER- a graduate of Cornell University Law 2001 Defense authorization bill, which RIDE VETO OF MARRIAGE PEN- School and the University of Florida, is currently in conference committee, ALTY RELIEF underscores the frailty of human life, are important steps in honoring that (Mr. KNOLLENBERG asked and was but it also highlights the strength and commitment. given permission to address the House valor of answering the call to those Mr. Speaker, I am pleased to see that for 1 minute and to revise and extend who serve those in need. both Chambers passed proposals to pro- his remarks.) Mr. Speaker, I never met Carlos vide a prescription drug benefit to Mr. KNOLLENBERG. Mr. Speaker, I Caceres, but it comes as no surprise to Medicare eligible military retirees. join my colleague from Illinois (Mr. me to learn that he, like so many Puer- Currently, military provided health WELLER) in rising to urge my col- to Ricans before him, gave his life to benefits for beneficiaries over 65, fall leagues to override the President’s re- defend the rights of others continuing far short of what larger employers, in- cent veto of marriage penalty relief. a tradition of public service. cluding the Federal Government, pro- The Marriage Penalty Relief Act f vide to their retired civilians. passed by significant margins in both the House and the Senate. It is overdue TOP ISSUE FOR REPUBLICANS IS Including a drug benefit for military for tax relief to our middle-income EDUCATION retirees is a necessary step in keeping our promises to the men and women families, who are dependent on two- (Mr. EHLERS asked and was given who risk their lives for our freedom. As wage earners, who are hardest hit by permission to address the House for 1 I like to say, every day when I get up, this penalty. It is especially hard on minute and to revise and extend his re- I thank God for my life and I thank our that second wage, often the wife’s sal- marks.) Armed Forces for my way of life. ary, because their income is taxed at Mr. EHLERS. Mr. Speaker, last Mr. Speaker, I urge the conference higher marginal rates, often from 15 evening we had a chance, once again, committee to include these common percent to 28 percent. You can see how to demonstrate that one of the top sense proposals in the Defense author- tough it is. issues, if not the top issue, of the Re- ization bill, and in doing so, we will As the President makes up his long publicans is education. We were in this honor the heroes who protected free- list of end-of-the-year spending prior- Chamber debating an excellent bill pro- dom in America and ensured democ- ities, let him remember and let us re- posed by the gentleman from Pennsyl- racy for the world. member the 25 million married couples vania (Chairman GOODLING) of the f who are struggling to make ends meet. Committee on Education and the Instead of dedicating the surplus to Workforce. MARRIAGE TAX PENALTY more spending ideas and bigger govern- He served for many years as a teach- (Mr. WELLER asked and was given ment plans, we should return some of er, then principal, then superintendent; permission to address the House for 1 it to the American people who earned and he has put his knowledge to good minute and to revise and extend his re- it, while continuing to pay down the use in his work here as chairman of the marks.) debt.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17798 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Let the American people decide for whether or not the indictment or the Hunter Millender- Scarborough themselves what is best and what is trials and tribulations of Mr. Lee re- Hutchinson McDonald Schakowsky Hyde Miller (FL) Scott best for their families, not a politician garding the Los Alamos spy incident Inslee Miller, Gary Sensenbrenner in Washington. was a matter of racial profiling? Yes, it Isakson Minge Sessions is a matter of justice. And I expect the Istook Mink Shadegg f Jackson (IL) Moakley FBI to respond to my inquiry as to Shaw VOTE TO OVERRIDE VETO ON Jefferson Mollohan Shays whether or not because you are of a Jenkins Moore MARRIAGE PENALTY RELIEF Sherman certain origin in this country, you are John Moran (VA) Shimkus (Mr. KINGSTON asked and was given a spy or you are trying to undermine Johnson (CT) Morella Shows permission to address the House for 1 Johnson, E. B. Myrick Shuster the United States of America. Johnson, Sam Nadler Simpson minute and to revise and extend his re- Jones (NC) Napolitano f Sisisky marks.) Jones (OH) Neal Skeen Mr. KINGSTON. Mr. Speaker, I guess Kanjorski Nethercutt Skelton THE JOURNAL Kaptur Ney Smith (MI) it should come as no surprise to the Kelly Northup The SPEAKER pro tempore (Mr. Smith (NJ) American people that the administra- Kennedy Norwood Smith (TX) tion that attacks the Boy Scouts is OSE). Pursuant to clause 8, rule XX, Kildee Nussle Smith (WA) now attacking the institution of mar- the pending business is the question of Kilpatrick Obey Snyder Kind (WI) Olver Souder riage, and they are doing it from an in- the Chair’s approval of the Journal of King (NY) Ortiz the last day’s proceedings. Spence sidious higher taxes on the couples who Kingston Ose Spratt Kleczka Oxley dare do the right thing and walk down The question is on the Speaker’s ap- Stabenow Knollenberg Packard proval of the Journal. Stark the aisle. Kolbe Pastor Stearns The question was taken; and the Kuykendall Paul Take the situation, a true story in Stenholm Speaker pro tempore announced that LaHood Payne Savannah, Georgia, woman’s name is Strickland Lampson Pease the ayes appeared to have it. Stump Ann and the husband’s name is Steve. Lantos Pelosi Talent They were making $25,000 each; they Mr. FILNER. Mr. Speaker, I object to Largent Peterson (PA) Tanner the vote on the ground that a quorum Larson Petri got married last December. Now their Tauscher Latham Pickering combined family income is $50,000. is not present and make the point of Tauzin order that a quorum is not present. LaTourette Pitts Guess what? They went from 15 percent Leach Pombo Taylor (NC) tax brackets to now 20 percent tax The SPEAKER pro tempore. Evi- Lee Pomeroy Terry Thomas brackets. They are paying more simply dently a quorum is not present. Levin Porter The Sergeant at Arms will notify ab- Lewis (CA) Portman Thornberry because they got married. Nothing else Lewis (GA) Pryce (OH) Thune changed. sent Members. Lewis (KY) Quinn Thurman This administration is going to look The vote was taken by electronic de- Linder Radanovich Tiahrt vice, and there were—yeas 337, nays 51, Lipinski Rahall Toomey them in the eye and say no, you are Traficant answered ‘‘present’’ 2, not voting 43, as Lofgren Rangel wealthy, you do not deserve the tax, Lowey Regula Turner because guess what, some even wealthi- follows: Lucas (KY) Reyes Udall (CO) er person and, of course, that is evil in [Roll No. 465] Lucas (OK) Reynolds Upton Luther Riley Velazquez the minds of AL GORE, somebody might YEAS—337 Maloney (CT) Rivers Vitter benefit from this, so we are not going Abercrombie Camp Evans Maloney (NY) Rodriguez Walsh to let you have your own money. Ackerman Campbell Everett Manzullo Roemer Wamp Mr. Speaker, I hope that a few brave Allen Canady Ewing Mascara Rogan Watkins Andrews Cannon Farr Matsui Rogers Watt (NC) Democrats will for once put their con- Archer Capps Fletcher McCarthy (MO) Rohrabacher Waxman stituents first and vote to override this Armey Cardin Foley McCarthy (NY) Ros-Lehtinen Weldon (FL) horrible veto and pass marriage tax Baca Castle Forbes McCrery Roukema Weldon (PA) Bachus Chabot Fossella McHugh Roybal-Allard Wexler penalty relief. Baird Chenoweth-Hage Fowler McInnis Royce Whitfield f Baker Clayton Frank (MA) McIntyre Rush Wicker Baldwin Clement Frelinghuysen McKeon Ryan (WI) Wilson PASS HATE CRIMES PREVENTION Ballenger Clyburn Frost McKinney Salmon Wise ACT OF 1999 Barcia Coble Gallegly Meehan Sanchez Wolf Barr Collins Ganske Meek (FL) Sandlin Woolsey (Ms. JACKSON-LEE of Texas asked Barrett (NE) Combest Gejdenson Menendez Sanford Wu and was given permission to address Barrett (WI) Condit Gekas Metcalf Sawyer Wynn the House for 1 minute and to revise Bartlett Cook Gephardt Mica Saxton Young (FL) Barton Cooksey Gibbons and extend her remarks.) Bass Cox Gillmor NAYS—51 Ms. JACKSON-LEE of Texas. Mr. Becerra Coyne Gilman Aderholt Hefley Peterson (MN) Speaker, it is simply a matter of jus- Bentsen Cramer Gonzalez Baldacci Hill (MT) Phelps Bereuter Cubin Goode Bilbray Hilleary Pickett tice. Today the House of Representa- Berkley Cunningham Goodling Borski Hilliard Ramstad tives has an opportunity to fully legis- Berman Danner Gordon Brady (PA) Hulshof Rothman late, and that is to support the motion Berry Davis (FL) Goss Capuano Jackson-Lee Sabo to instruct to pass real hate crimes Biggert Davis (IL) Graham Clay (TX) Bilirakis Davis (VA) Granger Slaughter prevention legislation. Coburn Kucinich Stupak Bishop Deal Green (WI) Costello LaFalce Taylor (MS) In the midst of all of this, Mr. Speak- Blagojevich DeGette Greenwood Crowley LoBiondo Thompson (CA) er, we will be having a number of frivo- Blumenauer Delahunt Hall (OH) Cummings Markey Thompson (MS) Blunt DeLauro Hall (TX) English McDermott lous motions, because our good friends Boehlert DeMint Hansen Tierney on the other side are not serious about Filner McGovern Boehner Deutsch Hastings (WA) Ford McNulty Udall (NM) making a national statement against Bonilla Diaz-Balart Hayworth Green (TX) Moran (KS) Visclosky hate. They have fought us at every Bonior Dicks Herger Gutierrez Oberstar Waters Bono Dingell Hill (IN) turn in not passing the Hate Crimes Gutknecht Pallone Weller Boswell Dixon Hinojosa Hastings (FL) Pascrell Prevention Act of 1999, James Byrd was Boyd Doggett Hobson not enough. Matthew Shepherd was not Brady (TX) Dooley Hoeffel ANSWERED ‘‘PRESENT’’—2 Brown (FL) Dreier Hoekstra enough. I do not know who will be Brown (OH) Duncan Holden Carson Tancredo next. I call upon the goodwill of this Bryant Dunn Holt NOT VOTING—43 Congress to pass this motion to in- Burr Edwards Hooley struct. Burton Ehlers Horn Bliley Crane Doolittle Buyer Ehrlich Hostettler Boucher DeFazio Doyle Finally, Mr. Speaker, it is a matter Callahan Emerson Houghton Chambliss DeLay Engel of justice. I asked the FBI to tell me Calvert Etheridge Hoyer Conyers Dickey Eshoo

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17799 Fattah McIntosh Sununu The Clerk read the title of the bill. pected to vacuum in 4.5 trillion surplus Franks (NJ) Meeks (NY) Sweeney The SPEAKER pro tempore. The dollars over the next 10 years from the Gilchrest Miller, George Towns Goodlatte Murtha Vento question is, will the House, on recon- American taxpayers, or too expensive Hayes Owens Walden sideration, pass the bill, the objections for President Clinton who, just yester- Hinchey Price (NC) Watts (OK) of the President to the contrary not- day, said he needed to spend that Kasich Ryun (KS) Weiner withstanding? money for more government programs. Klink Sanders Weygand Lazio Schaffer The gentleman from Texas (Mr. AR- Last week, Vice President GORE Young (AK) Martinez Serrano CHER) is recognized for 1 hour. talked about a rainy day fund, but the McCollum Sherwood Mr. ARCHER. Mr. Speaker, I yield President’s deluge of spending will b 1049 the customary 30 minutes to the gen- soak that up like a super sponge. I tleman from New York (Mr. RANGEL), would note to my colleagues on the So the Journal was approved. pending which I yield myself such time other side of the aisle who undoubtedly The result of the vote was announced as I may consume. will call this bill fiscally irresponsible as above recorded. Mr. Speaker, today we make one last that the ranking Democrat of the f attempt to end the marriage tax pen- Budget Committee, the gentleman PERSONAL EXPLANATION alty for 25 million married couples. from South Carolina, voted in July for Since 1995, a growing bipartisan major- this exact same package. No one can Ms. LOFGREN. Mr. Speaker, I would ity in the Congress has tried time and say that he is fiscally irresponsible. note for the RECORD that yesterday I time again to end this gross unfairness In his January State of the Union, was unavoidably detained because I am in the Tax Code. But each time, Presi- President Clinton stood in this exact a United Airlines customer. There were dent Clinton and a majority of the Chamber and asked Congress to work flights that were considerably delayed. Democrats in Congress have just said with him to fix the marriage tax pen- Had I been present, I would have voted no. In the past 6 years, President Clin- alty. We have done that. He vetoed it. ‘‘yea’’ on all of the rollcall votes yes- ton has blocked marriage tax penalty So here we are today making every ef- terday evening. relief more often than Tiger Woods has fort to override that veto. When he f won golf’s major championships. spoke, there were no preconditions, President Clinton’s latest veto leaves MARRIAGE TAX RELIEF REC- there was no quid pro quo, no wink and a Clinton-Gore legacy of denying 25 ONCILIATION ACT OF 2000—VETO a nod. In fact, there was only bois- million married couples relief from the MESSAGE FROM THE PRESIDENT terous applause and cheers from both marriage tax penalty for 8 years. It OF THE UNITED STATES sides of the aisle. But 8 months later, means that married couples will have when most American families were on Mr. ARCHER. Mr. Speaker, I move to wait longer for relief. It means that vacation or getting their children that the Committee on Ways and they will have to vote for new leader- ready to go back to school, he quietly Means be discharged from further con- ship in the White House if they want vetoed the bill. sideration of the veto message on the justice and fairness in the Tax Code. Now is our chance to right this wrong bill (H.R. 4810), to provide for reconcili- This bill does bring fairness to the and finally put an end to the marriage ation pursuant to section 103(a)(1) of Tax Code. It gives the most help to tax penalty for 25 million married cou- the concurrent resolution on the budg- those middle- and lower-income Ameri- ples. We should all vote to override the et for fiscal year 2001. cans who are hit hardest by the mar- President’s veto. The SPEAKER pro tempore (Mr. riage tax penalty. By doubling the 15 Mr. Speaker, I reserve the balance of OSE). The Clerk will report the motion. percent bracket, and, Mr. Speaker, we my time. The Clerk read as follows: all know that is the lowest income tax Mr. RANGEL. Mr. Speaker, I yield Mr. ARCHER moves that the Com- bracket that affects primarily lower- myself such time as I may consume. mittee on Ways and Means be dis- and middle-income people, and the Mr. Speaker, I listened with great in- charged from further consideration of earned income credit income threshold, terest to the rhetoric of the distin- the veto message on the bill H.R. 4810, which affects the very low-income peo- guished Chairman of the Committee on an act to provide for reconciliation ple, we erase the marriage tax penalty Ways and Means as he would have us to pursuant to section 103(a)(1) of the con- for millions of lower- and middle-in- believe that the Democrats do not current resolution on the budget for come workers. This is especially im- want to give relief as relates to the fiscal year 2001. portant to working women whose in- marriage penalty. Now, he knows that (For veto message, see proceedings of comes are often taxed at extremely I know that we Democrats have come the House of September 6, 2000 at page high marginal rates, some as high as 50 forward with a bill that true, it does H7239.) percent by this tax penalty. not cost the $300 billion over 10 years, The SPEAKER pro tempore. The gen- Despite all of this unfairness, I ex- as his does, but it takes care of the tleman from Texas (Mr. ARCHER) is rec- pect we will still hear some excuses marriage penalty, the same way we ognized for 1 hour on the motion. from the Democrats today why we can- tried to take care of the estate tax Mr. ARCHER. Mr. Speaker, I yield not do this. They will say that stay-at- abuses that we found in the Tax Code. myself such time as I may consume. home moms and dads and people who The difference between the so-called This is simply a procedural motion to own homes or donate to charitable or- Republican solution is that it is not move to consider the veto message ganizations should not get relief, and concerning itself just with relief for which will be subject to debate. this is their idea of targeting. Their those people who have an additional Mr. Speaker, I yield back my time, plan actually denies relief to these im- tax burden because they are married, it and I move the previous question on portant parents, and I accentuate those goes beyond that and it is a part of this the motion. who itemize, who have home mortgages tremendous, huge billion dollar, tril- The previous question was ordered. or pay taxes on their homes, who have lion dollar tax cut that they conceived The motion was agreed to. itemized deductions get no relief. They in the last session which could not get A motion to reconsider was laid on do not want them to get any relief, but off the ground. When it was vetoed, the table. that is wrong. Raising a child is the they did not even bother to override The SPEAKER pro tempore. The un- single most important job in the world the veto. So if we were to take the cost finished business is the further consid- and we are right to provide these fami- of this bill far beyond that of marriage eration of the veto message of the lies with relief. penalty, we will find plus $200 billion President on the bill (H.R. 4810) to pro- Another excuse we will hear is that that does not even relate to the prob- vide for reconciliation pursuant to sec- our bipartisan plan is too expensive. lem that we are addressing. The same tion 103(a)(1) of the concurrent resolu- Too expensive for whom? Too expensive thing was true when they tried to do tion on the budget for fiscal year 2001. for the U.S. Treasury, which is ex- something with the estate tax. No, my

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17800 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Republican colleagues do not want to weekend as they return to their com- have a big tax cut, or will we invest in pass laws, they want to pass bills that munities, their churches, and their the future? Most Americans are inter- are going to be vetoed. friends by standing up for the institu- ested in protecting their retirement, b 1100 tion of marriage, standing up for fami- their social security, their Medicare, lies, giving them the relief they de- which is really security in health They almost made certain that they serve, and overriding the President’s areas. They are interested in educating have the veto before they bring it to political veto of this bill. their kids to deal with this economy so the floor, because the President of the Mr. RANGEL. Mr. Speaker, I yield 3 we do not have to bring in, under the United States has already publicly said minutes to the gentleman from the H–1B visa, hundreds of thousands of if they want to negotiate a solution to sovereign State of Washington (Mr. people from around the world because the tax penalty, sit down and talk. MCDERMOTT), a distinguished member we say our own kids are not qualified But if it was not so close to the elec- of the Committee on Ways and Means. to take the jobs in this economy, we tion, this thing would be hilarious, be- Mr. MCDERMOTT. Mr. Speaker, let have to give the high-paying jobs to cause the first time the Republican me begin by saying that there is not people outside the economy. leadership has an opportunity to go to anybody on this floor who does not When we get down to this tax cut, it the White House and to talk about want to help middle class families. is part of an overall package. We are working out a solution to legislation so When the Contract with America was going to cut it and make a negotiation we can get out of here, do they talk brought out here with all the fanfare in at the end. about the marriage penalty? No. Do 1995, the marriage tax penalty was in Mr. ARCHER. Mr. Speaker, I would they talk about estate tax relief? No. it. When the first tax bill came to the simply say, that is wishful thinking. Do they talk about a general tax cut Committee on Ways and Means, I of- Mr. Speaker, I yield such time as he for everybody so people can have their fered an amendment to remove the may consume to the gentleman from money? No. marriage tax penalty in the Committee California (Mr. LEWIS). What do they talk about? Well, lis- on Ways and Means. Every single Re- Mr. LEWIS of California. Mr. Speak- ten. Stay tuned in. There is a new Re- publican on the committee voted er, I thank my colleague for yielding publican plan, and the plan is to set against it. time to me. aside a part of the surplus to pay down The only reason we could say they I rise to express my support for the 25 our national debt. And when does it did it, I suppose, was kind of ‘‘NIH,’’ million married couples in the country come in? Three weeks before the con- not invented here. They did not have who will be negatively affected by the clusion of the legislative session. their name on it. So they came back President’s veto, and strongly urge So this is poppycock. They are hold- the next year after they had done the that we override that veto. ing the marriage penalty bill hostage polling and realized they had made a Mr. Speaker, Republicans and Democrats because they want to vote on the Presi- mistake, and they have been trying agree. Congress and the President agree. It is dent’s veto. He had the courage to veto ever since, but they always wrap it in wrong to tax 25 million couples at a higher this bill because it is irresponsible. We a humongous tax cut. rate just because they are married. So why have to sustain the President, and then Now, none of us believe that we will are we forced to override a veto to right this find out what is the next rabbit they leave this session without a cut in the wrong? The answer is simple: partisan politics. are going to pull out of the hat before marriage tax penalty. I will be willing The President and the Democrats say they we conclude. to bet anybody on this floor that when can’t support the effort to resolve this injustice Mr. Speaker, I reserve the balance of we sign off and leave here about Octo- because it ‘‘doesn’t help the right people.’’ my time. ber 1, we will have agreed with the Here are the ‘‘wrong people’’ it would help: Mr. ARCHER. Mr. Speaker, I yield 1 President on a middle-class tax cut on Nearly a million low-income working families minute to the gentleman from Florida the marriage penalty. who would receive up to $421 more a year (Mr. FOLEY), a respected gentleman What is amazing is what the gen- from raising the phase-out level of the Earned from the Committee on Ways and tleman from New York (Mr. RANGEL) Income Credit. Means. just talked about, the meeting that 25 million taxpayers at all levels who would Mr. FOLEY. Mr. Speaker, I thank the happened in the White House yester- save up to $1,450 in federal taxes because gentleman for yielding time to me. I day. The Speaker of the House came the standard deduction for married couples thank the chairman for his leadership, and said, ‘‘We have a plan: 90 percent would be made equal to two individuals. and my colleague, the gentleman from goes for debt relief, and 10 percent goes Millions more middle-income families who Illinois (Mr. WELLER), for his strong for investment.’’ If we take all the would save hundreds of dollars each year be- leadership in enactment of this bill. taxes that have been pushed by the Re- cause the 15 percent tax bracket for couples I urge every one of my colleagues to publicans and are pushed by Mr. Bush filing jointly would be increased to twice that of override this veto. At a time when of $1.7 trillion, and we only have $5.5 single filers. every Member of Congress is going trillion, if we have a calculator in our Millions of married taxpayers at all levels around the country, particularly the pockets, which the Speaker ought to would be treated fairly for the first time in candidates for president, and saying have, we realize that that is 31 percent nearly 40 years. These couples have been they are family-friendly, it is unbeliev- of the projected surplus that is going paying extra taxes every year since their wed- able to me that any Member could turn for tax cuts. We cannot do it in 10 per- ding. around and vote against ending a tax cent. It is 3 times as much as we left on The Democrats and the President have said penalizing married individuals. the table. they can’t support this reform because it pro- Some Members here have already So either the Republicans on the vides some relief to the taxpayers who pay 65 turned their backs on working fami- floor are walking away from Mr. Bush percent of the nation’s taxes. These are the lies, small businesses, farmers. When and his tax cut, which I think most of people who have funded the surplus that we we tried to protect their families from them are, or they simply are trying to are now blessed with. And when this fairness the legacy destroyed by death taxes, put a fraud out on the people that they legislation is in place, they will still pay 65 per- we were unsuccessful. We will debate can do 90 percent for bringing down the cent of the nation’s taxes. and discuss that. But I urge them not debt and 10 percent, and there is no The Democrats and the administration clear- to do that today to married individ- money left for investment, no money ly believe the federal budget surplus is their uals. for social security, no money for Medi- money. They cannot conceive of allowing the As a society and as a civilization, we care, no money for education, none of people who have already provided this surplus cannot afford a government that pun- the issues that we ought to be doing to pay less in future years. Instead, they would ishes marriages. I ask every one of my with the surplus. spend it on mammoth new federal programs, colleagues to search their hearts and The American people are faced in run by Washington bureaucrats. Or they would souls and think about this upcoming this election with a choice: Will we tell taxpayers now to spend their own money

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17801 in order to qualify for any reduction in the As I mentioned earlier, Shad and But the bill that we are now dis- taxes they pay. Michelle make about $65,000 a year, cussing would only give tax relief to It’s time for Congress to recognize that this their combined income. They are mid- couples who face a marriage penalty. money belongs to the taxpayers. At the very dle class public school teachers. They Only about half of that goes to those least, we should pass this legislation to pro- suffer the average marriage tax pen- people. The other half of that bill, vide tax justice to 25 million families. alty. When AL GORE called for the veto which is a monstrous bill in terms of Mr. ARCHER. Mr. Speaker, I yield 3 of this legislation, he said that people the dollar amount, would go to, Mem- minutes to the gentleman from Illinois who own a home, who make about bers guessed it, the wealthiest people (Mr. WELLER), a respected member of $65,000 a year, who pay the average in our country who have no marriage the Committee on Ways and Means marriage tax penalty of $1,400, are rich, penalty problem. who has fought very hard for this legis- and that if people itemize their taxes, That is why Democrats crafted a fis- lation. like Shad and Michelle Hallihan, be- cally responsible marriage penalty re- Mr. WELLER. Mr. Speaker, we are cause they are homeowners they do not lief plan. It is a plan that would help hearing a lot of rhetoric, particularly deserve any marriage tax relief because people in Macomb County, in St. Clair on the other side today, but what is the they are rich. County, middle class families that I issue today? There is one issue: that is, So that definition of rich says if one represent. I am talking about folks just do we override the President’s veto of pursues the American dream, gets mar- like the couple that we have just seen our effort to wipe out the marriage tax ried, has a family, buys a home, and up here who work hard for a living, pay penalty that affects 25 million married then has to itemize their taxes, they their mortgage payment, pay their car working couples who suffer higher are rich and they do not deserve mar- payment, but do not have a lot left taxes just because they are married? riage tax relief. They should still suffer over or anything left over to save with In fact, 25 million married working the marriage tax penalty. at the end of the month. couples on average today pay higher That is wrong. I believe, and I think We can give those people a hand, and taxes of almost $1,400 a year just be- the majority of this House believes, we can do it without taking money out cause they are married under our Tax that if one really wants to be fair, we of Medicare and social security, and Code. should help everyone. Couples making without risking the premise of reduc- I have an example here, Shad and $65,000 a year like Shad and Michelle ing the national debt. But we cannot Michelle Hallihan, two public school Hallihan, who happen to be home- do it if we pass this Republican plan. teachers from Joliet, Illinois, who suf- owners and happen to itemize their That is why the President is standing fer the marriage tax penalty. They taxes, deserve tax relief just as much so steadfast against it. have an average income each year of as anyone else when it comes to the It is time that we focused our atten- about $65,000. That is their combined marriage tax penalty. tion on helping middle-class families, income. They are homeowners. They Let us override the President’s veto. not just those who are reaping enor- have a child, little Ben. They suffer the I invite more Democrats to join with mous amounts of wealth in this coun- us. Let us be fair to people like Shad marriage tax penalty, about $1,400. try who have no marriage penalty In the South suburbs of Chicago, and Michelle Hallihan. They are not problem, but who would get half of $1,400 is real money. It is one year’s rich, they are middle class. what this bill is all about. Mr. RANGEL. Mr. Speaker, I yield 3 I urge my colleagues to vote no on tuition at Joliet Junior College; it is 3 minutes to the gentleman from Michi- this proposal, and to sustain the Presi- months of day care; several months’ gan (Mr. BONIOR), the distinguished mi- dent veto. worth of car payments; it is a home nority whip. Mr. ARCHER. Mr. Speaker, I yield mortgage payment, a month or two for Mr. BONIOR. Mr. Speaker, I thank myself such time as I may consume. many, many families; but it is real my colleague for yielding time to me. Mr. Speaker, I would briefly respond money for real people. Mr. Speaker, a number of years ago to a statement made by my friend, the That is what this is all about, is do there was a man from Michigan whose gentleman from Michigan, which is not we allow folks like Shad and Michelle advice to elected leaders was, ‘‘Say accurate. That is that the Democrats to keep their money, or do we send it what you mean and mean what you would take away the marriage penalty to Washington, particularly on this say.’’ Of course, that man’s name was for those who itemize. Their plan does issue of tax fairness? Gerald Ford. He led this Republican not, I repeat, does not provide any help I was so proud. After several years of House as a Republican leader, but it for those people who have homes and working, my chairman, the gentleman would not hurt if those who followed mortgages and taxes and want to from Texas (Mr. ARCHER), has been him heeded his words today, because itemize rather than take the standard concerned about this issue since he yesterday, in a complete turnabout, a deduction. first came to this Congress. Many have complete about face, the Republican Mr. Speaker, I yield 2 minutes to the been working on this issue for a long leadership suddenly announced their gentleman from Illinois (Mr. MAN- time. This House and Senate voted to hunger to join Democrats in working ZULLO). wipe out the tax penalty for people like to pay down the national debt. Mr. MANZULLO. Mr. Speaker, Shane Shad and Michelle Hallihan this year, Of course, that was yesterday. Now, and Penny Fox were married in 1997. and we did it the year before. Unfortu- it is less than 24 hours later and we are Shane is a graphic designer for a char- nately, the President vetoed it. back at it again. Here they go again, ity, and Penny is a legal secretary. We want to help everyone who suffers they are trying to pass another piece of In 1997, their taxable income was the marriage tax penalty: those who their $1 trillion tax cut package, a $1 $47,000. When they went to file their itemize, those who do not. trillion tax cut package. It is the joint income tax return as required by I was proud to say that every House mother of all tax cuts, and it would rob law, they paid $8,691 in income taxes. Republican voted to eliminate the mar- America of its resources that we need But if they had remained single, they riage tax penalty. Fifty-one Democrats not only to pay down the debt, but to would have paid $7,055, so these two joined with us to eliminate the mar- strengthen social security and Medi- people with a combined income of less riage tax penalty. We doubled the care, as well. than $50,000 a year paid $1,636 just be- standard deduction for joint filers, for Our message to Republicans is that it cause they were married. married couples, so they earn twice as is time to mean what they say. I participated in that wedding cere- much in the same tax bracket. Should we do something about the mony. I read the Scripture where it We also widen the 15 percent tax marriage penalty? Of course we should says that God says that a marriage is a bracket. We help those who itemize, we do something, and the example that holy union. Yet, the official policy of help those who do not itemize. The bot- was just given, they are absolutely the Federal government, of Congress tom line is, we help 25 million married right, that couple should be given a and the administration, is to discour- working couples. marriage penalty tax relief act. age marriage. It is to say, they should

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17802 CONGRESSIONAL RECORD—HOUSE September 13, 2000 not get married. Marriage is not the We are being forced to participate in do that also while we fix the marriage right thing to do economically. this show once again today. Mean- penalty. What is wrong with doing it in That does not make sense. That is while, the clock keeps running. There the same bill? Why do the Democrats public policy being made in Wash- are less than 20 days left on the legisla- suppose what their own presidential ington that discourages people from tive calendar, and we still have not ap- candidate wants to do as a separate getting married. What type of govern- proved 11 of the annual spending bills item? ment penalizes people because they that keep the Federal Government op- This is a very good bill. say, ‘‘I do’’? erating. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. TRAFICANT). b 1115 The prospects for a Patients’ Bill of Rights, a meaningful prescription drug Mr. TRAFICANT. Mr. Speaker, I Did they realize when they said for benefit for seniors, a minimum wage agree with the gentleman from Texas ‘‘better or worse’’ it meant the Federal increase, a middle-class tax relief grow (Chairman ARCHER). This Tax Code is Government would come along and pe- bleaker by the day. so perverse, it even taxes sex; marital nalize them $150 a month just because We agree that the marriage penalty sex, that is. they got married? Now, let us put the hay where the The tax is immoral, and sometimes must be remedied. Our bill offers $95 billion in relief over 10 years. But in- goats can reach it. If one does not get we have to eliminate taxes because married, one pays less taxes, one gets they are immoral. Anytime we say stead of reaching compromise, the per- fectionist caucus says do it my way or rewarded. If one gets married, one pays marriage is wrong by the Federal Gov- more taxes, one gets hit over the head. ernment, it is an immoral tax, and it take the highway. The leadership once again forced us To me, that is unbelievable. has got to go. Is it any wonder, Mr. Speaker, we to genuflect at the alter of Republican Do my colleagues know what? Under have so many unwed mothers in Amer- ideology, tax cuts for those who need the Gore-Clinton plan of so-called mar- ica, so many kids on the street, kids them the least. That is where we differ, riage tax relief, because they bought a without guidance, kids without sta- not on the couple that the gentleman home, they would not qualify for their bility, kids without fathers, govern- from Illinois (Mr. MANZULLO) just re- plan. It discourages homeownership. ment paying the bills, and Congress ex- ferred to. It is very, very simple. Marriage is pecting schools to straighten them out, This bloated tax bill would cost an good, it is a holy union, but not to the to discipline them and to raise them? estimated $292 billion over the next Federal Government, and certainly not Beam me up. decade. It would squander our surplus to these two who have been penalized Now, let us tell it like it is. I think while not helping this couple who $1,607 just because they said ‘‘I do.’’ there is too much partisan politics here would pay higher interest rates be- Mr. RANGEL. Mr. Speaker, I yield today, and we should be dealing with 1 cause of the deficits that would result 3 ⁄2 minutes to the gentleman from the people’s business. Maryland (Mr. HOYER), distinguished in the squandering of the resources. It Let us look at the facts. Our Tax Member of the Congress. would strip us of our ability to Code subsidizes illegitimacy, but taxes Mr. HOYER. Mr. Speaker, today we strengthen Social Security and Medi- the institution of marriage. Our Tax waste more precious time on yet an- care and, as I said, a prescription drug Code promotes sexual promiscuity, but other bloated tax bill. This motion to benefit. taxes the institution of marriage. override the President’s veto, as the Pay down the debt and invest in our Beam me up. chairman has correctly pointed out, children’s future. The Republicans’ spe- One does not need to be a rocket sci- will fail. He knows that. The Repub- cial-interest political agenda is pre- entist to see this is the right thing to lican leadership knows that as well. venting, not facilitating, tax relief for do. I will vote to override this anti- Yet we persist in this play-acting. working families. Let us sustain the family, anti-child, anti-mother, anti- The Republican leadership must give President’s veto, and let us get down to wife presidential veto. We are rel- the appearance of doing something, meaningful compromise that will af- egating people to the bottom end of the anything in this do-the-wrong-thing- fect millions of Americans that need it ladder, and the only hope we are giving for-special-interests 106th Congress. most. them is go to the next rung. What do I mean by that? The reason we Mr. ARCHER. Mr. Speaker, I yield This is not the way to do it. The do not reach a compromise on this is myself such time as I may consume President is wrong. We should override not because of those who are penalized again to respond to, I think, an unin- this veto. under the marriage penalty but those tended inaccuracy on the part of the I proudly join forces with the gen- who are not penalized, the wealthiest gentleman from Maryland (Mr. HOYER). tleman from Texas (Chairman AR- in America. That is why we do not He said we are ready to fix the mar- CHER). If the truth be known, there are come to agreement with the President. riage penalty for those people who own more Democrats deep down in this That is why we do not come to agree- their homes and itemize. They have election year that would like to vote ment on both sides, not because of the never included that in one of their pro- with him, and they should. couple discussed by the gentleman posals. But they say they are ready to I yield back all the broken homes in from Illinois (Mr. MANZULLO). We can fix it for middle-income people. I would America and all the kids in jail that all agree on that. like to see that fleshed out in one of need not be there. The Washington Post got it right re- their proposals. They have resisted it Mr. RANGEL. Mr. Speaker, I yield cently when it said of these Republican over and over and over again. It is un- myself such time as I may consume. tax bills, and I quote, ‘‘It is not clear fortunate that they want to cut out Mr. Speaker, I was so moved by the which, if any, will be sent to the Presi- these people that the gentleman from gentleman from Ohio (Mr. TRAFICANT), dent. But that does not matter in a Illinois (Mr. MANZULLO) just talked the previous speaker. But just let me mock Congress. It is the show that about. We will continue to pursue that. say this, it seems as though the gen- counts.’’ I also want to say to the gentleman tleman from Texas (Mr. ARCHER), Here we are at the show. Just like from Maryland I never said we were chairman of the Committee on Ways last week’s debate on the estate tax not going to override this veto. I am and Means, in his remarks to this au- where we could give millions of Ameri- still hopeful that there will be 40 per- gust body, referred to the tax proposals cans relief, but the gentleman from cent of the Democrats who will be en- of the Vice President of the United Texas (Mr. ARCHER), my friend, the lightened enough and fair enough to do States. It may be parliamentarily prop- chairman for whom I have a great re- this. er to do that, but I do not think we spect and affection, we are not doing it, Then, finally, I will say that Vice want to hear anything about Vice because of the thousands that the President GORE in his tax relief has President GORE’s tax proposals on this President will not include in the bill said he wants to help stay-at-home floor because I will be tempted, tempt- and that we will not include in the bill. moms and stay-at-home pops. Yes, we ed to bring up Governor George W.’s

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17803 tax proposals. But because of my affec- censes, they do not record political af- alty. So what we have here is a sham, tion for my Republican friends, I would filiations. But when they fill out their a hoax, a Trojan horse. not want to offend or embarrass them tax returns and they are penalized to On one day, out of one side of their and to have them to run away from the tune of $1,400 a year, that is a con- mouths, they go to the President and them on the floor. So let us confine cern whether one is a Republican, Dem- say, no more tax cuts, we were wrong, ourselves to our legislative responsibil- ocrat, libertarian, vegetarian, inde- the American public does not buy it; ities. pendent. they want debt relief. Then, they come Mr. Speaker, I yield 3 minutes to the It comes to this simple philosophy: before the House floor and cry alligator gentleman from Michigan (Mr. LEVIN), let married couples and their families tears for these young, married couples a senior member of the Committee on keep what they earn to save, spend, when they know the bulk of the $290 Ways and Means. and invest. This need not be partisan. billion goes to their rich friends. That Mr. LEVIN. Mr. Speaker, earlier, the We in the legislative branch have the is what is going on around here. gentleman from Illinois (Mr. WELLER), constitutional ability to override the The American public has said, Con- my colleague on the Committee on President of the United States. We in- gress, if in fact there is a surplus, and Ways and Means, said that the real vite our friends on the left, join with know full well this is all projections, it issue is overriding the veto. He, I us, stand for families, not for dis- is a guess over the next 10 years, but if think, exposed what this is all about guising targeted tax cuts as spending the guess is right, reduce the national for the majority party. The real issue programs, but straight up, allowing debt on my kids and grand kids, which should be marriage penalty relief. American families to keep more of today is over $3 trillion. My suggestion is that, if people real- what they earn. That is true compas- That is where the emphasis should ly want such relief, my Republican col- sion. That is why we must override this be, and that is what this Congress leagues withdraw this effort that is presidential veto. should be up to. But it is an election doomed to failure and they do what we Mr. RANGEL. Mr. Speaker, I yield 3 year, so what we have to do is try to have never done on the Committee on minutes to the gentleman from Wis- sell a bill to married couples which Ways and Means, as the gentleman consin (Mr. KLECZKA), a member of the really does something else to help in from New York (Mr. RANGEL) has said, committee. the election process. sit down and work out a marriage pen- Mr. KLECZKA. Mr. Speaker, I have I urge my colleagues to not override alty relief bill on a bipartisan basis. two points I would like to share with the veto. Let us get back to what they They never tried to do that. the body today. The first is that I am said yesterday. Let us pitch debt reduc- The majority of us favor marriage somewhat confused. I read here in the tion relief. penalty relief. We can do it on a bipar- Congress Daily that the Republican Mr. ARCHER. Mr. Speaker, I yield 1 tisan basis. But, instead, we have a bill leaders went over to the White House minute to the gentleman from Cali- here that goes way beyond that. It is yesterday, talked to the President, and fornia (Mr. ROYCE). too broad. It is part of a package that they told the President that they are Mr. ROYCE. Mr. Speaker, I thank the is much too large; and as a result, the going to set aside their tax cuts in gentleman for yielding me the time. package is weighted too much in favor favor of debt reduction. Any surplus Mr. Speaker, maybe we can clarify of the very wealthy. No one on the ma- coming in would be used for debt reduc- this a little bit. What we are talking jority side has ever answered this fact: tion, a plan that the American public about in terms of the standard deduc- according to CBO, almost half of the supports. tion, what our Democrat friends are tax cut in this bill goes to couples that Well, that was yesterday. Now today saying is that they will support an ad- pay no marriage penalty at all. they come back to the floor of the justment in the standard deduction but So let us sit down and do what we House and try to override this bill they they will not support what we do with should do and work out, if we are seri- call the marriage tax penalty. the elimination of the marriage tax ous, a marriage penalty relief bill. My penalty, which is to say that we also b 1130 Republican colleagues do not have a take care of those who itemize. political issue with this because the Well, let me talk about that for a Now, 40 percent of the taxpayers majority of the public understands moment. If in fact we provide relief to itemize; and that is because 40 percent what they are after, and that is a 30- those lovely couples that the Repub- or more have homes or have a condo- second ad instead of a 5- and 10-year lican colleagues are bringing out on minium. And, as a consequence, all of tax relief bill. the posters, that would cost, over a 10- the examples we have seen here today, So I close by saying this, we are year period, $95 billion. In the whole the posters on the floor, are of those ready on the Democratic side to sit scheme of things, that is affordable. people who, frankly, itemize their de- down with my colleagues, if they are The Democrats support that. Repub- ductions. And because they itemize, serious about policy and do not want licans support that. The President, in they will not get any relief unless we what they think is a good political his State of the Union standing behind pass the Republican bill. Under the move, and put together a marriage pen- me, supports that. Democrat proposal, they do not get re- alty relief bill. I hope they will do that Then, why are we not doing it? lief from the marriage tax penalty. after the veto is sustained. Because the bill before us, Mr. Speak- Now, on average, this is $1,400 per in- Mr. ARCHER. Mr. Speaker I yield 1 er, costs $290 billion. Well, wait. Mar- dividual. minute to the gentleman from Arizona riage penalty is only $95 billion. Where Now, the President says these are the (Mr. HAYWORTH), another respected is the other $200 billion going? rich. But it is just not the case that ev- Member of the Committee on Ways and Seems as the bill made its way erybody that owns a home or every- Means. through the process, the Republicans body that owns a condominium and, Mr. HAYWORTH. Mr. Speaker, I added a little rider, they slipped in a therefore, itemizes is rich. That is not thank the gentleman from Texas (Mr. little amendment. And that amend- true. I wanted to point out that. ARCHER), the chairman of the com- ment expanded the tax income for the Mr. RANGEL. Mr. Speaker, I yield 2 mittee, for yielding me this time. 15 percent bracket. The effect is that minutes to the gentleman from Texas Mr. Speaker, I say in response to the the bulk of the $200 billion added to the (Mr. GREEN). gentleman from Michigan (Mr. LEVIN), bill goes to the wealthy. But the Re- Mr. GREEN of Texas. Mr. Speaker, I with all due respect, Mr. Speaker, this publicans still call it marriage penalty thank my colleague from New York is a bipartisan way to fix a problem. tax relief bill. and our ranking member for yielding The Constitution provides for veto Well, my colleagues, that is a hoax. me the time. override. It is not marriage penalty tax relief. Mr. Speaker, I rise in opposition to This need not be a partisan ballot. The bulk of the bill goes to people who the motion to override the President’s Indeed, when people get marriage li- do not even pay the marriage tax pen- veto of the marriage penalty tax relief.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17804 CONGRESSIONAL RECORD—HOUSE September 13, 2000 I support real marriage tax relief, but I became an early cosponsor of this legisla- taxes for having gotten married than this bill is fiscally irresponsible. This tion because I believe the marriage penalty is he and his spouse had been paying as bill would cost $292 billion over 10 the most indefensible thing about our Nation’s singles. He understood the reason for it years, $110 billion more than our House current Tax Code. that, when two people get married, version. The current Tax Code punishes married they oftentimes have only one mort- Despite its appealing name, more couples where both partners work by driving gage or rent to pay and they can econo- than half the tax cut would benefit them into a higher tax bracket. The marriage mize in other ways and when they have couples who not only do not pay mar- penalty taxes the income of the second wage children they get a deduction for each riage penalty but actually get a mar- earner at a much higher rate than if they were child and that there is some ration- riage bonus. And we are not talking taxed as an individual. Since this second earn- ality to the Tax Code. But it did not about the ones who may have a second er is usually the wife, the marriage penalty is seem quite fair. home. unfairly biased against female taxpayers. We introduced a bill and it did not Now, having been married for over 30 Moreover, by prohibiting married couples get too far. The gentleman from Wash- years, as much as I would like to get a from filing combined returns whereby each ington (Mr. MCDERMOTT) had another bonus for having been married that spouse is taxed using the same rate applica- bill that he got through the Ways and long, I would like to work our tax pol- ble to an unmarried individual, the Tax Code Means Committee. Our bills cost only icy differently, Mr. Speaker, and just penalizes marriage and encourages couples to about $9 billion a year to fix the whole correct the problem of the marriage live together without any formal legal commit- problem. penalty and not the marriage bonus. ment to each other. What this bill does though, under the Let us deal with that marriage The Congressional Budget Office has esti- guise of fixing the problem, is to put us bonus. Let us reward people, stay-at- mated that 42 percent of married couples in- further in debt to the tune of about home moms or stay-at-home fathers, in curred a marriage penalty in 1996, and that $200 billion more over 10 years than is a separate piece of legislation and not more than 21 million couples paid an average needed to fix the problem. Most of this confuse the issues. We are talking of $1,400 in additional taxes. The CBO further bill just gives deep tax cuts that are about marriage penalty relief. found that those most severely affected by the not targeted and do not produce the de- In addition, the Republican bill al- penalty were those couples with near equal sired effect. lows many couples are denied tax relief salaries and those receiving the earned in- The reality is that almost as many because of the interaction between the come tax credit. people get a marriage bonus as get a alternative minimum tax with the in- This aspect of the Tax Code simply does marriage penalty. Why do we need to crease in the standard deduction in the not make sense. It discourages marriage, is give any further incentives to get mar- bill. About half the total tax cuts in unfair to female taxpayers, and disproportion- ried? This is not the way that we this bill would benefit only the top 10 ately affects the working and middle class should be using scarce resources. percent couples who have incomes over populations who are struggling to make ends What we ought to be doing is paying $92,500. meet. For all of these reasons, this tax needs down the debt. We, the baby boom gen- We did have an alternative plan. A to be repealed and I support the veto override. eration, got the benefit of the debt. We Democratic proposal gave $10 billion Mr. COLLINS. Mr. Speaker, I yield 1 should not be passing our bill on to our more in marriage penalty relief to cou- minute to the gentleman from Michi- kids. We should put first things first, ples and it was not burdened by all the gan (Mr. UPTON). pay off our debts and put our money other problems this bill has. But the Mr. UPTON. Mr. Speaker, earlier this aside to pay for our retirement, so our Democratic bill also cost half as much year I sat in this Chamber with many kids don’t have to. as this bill even though it added $10 bil- of my colleagues listening to a very Let us fix the marriage penalty but lion more to marriage penalty relief. long State of the Union speech. It was do it in a responsible manner. Let us My Republican colleagues have de- long for a lot of reasons, but one of not squander the surplus. Let us pro- signed a bill to give the tax breaks to them was that there were a lot of ap- vide for the future. the highest income couples even if they plause lines. Many Republicans and Mr. COLLINS. Mr. Speaker, I yield do not suffer from the marriage tax Democrats, in fact, stood during one of myself such time as I may consume. penalty. those, as I did, when the President Mr. Speaker, I hear the word ‘‘tar- Tax relief is important but so is pro- talked about ending the marriage pen- get,’’ let us ‘‘target.’’ tecting and strengthening Social Secu- alty tax. The Tax Code targets everyone who rity, Medicare, investing in education, This is a bipartisan bill. It was a bi- works and earns a check or earns an in- providing for a prescription drug ben- partisan bill in both the House and the come. So when we talk about relief, we efit under Medicare, and also making Senate. It is not one side trying to jab should also look at everyone who sure our national defense is paid for, the other. This is not a tax cut for the works and earns an income, whether paying off the debt accumulated during rich. It does not help any special inter- they be employed or self-employed. the 1980s and early 1990s. ests except for working couples. The purpose of the marriage penalty We have to balance it, and that is What is wrong with that? relief bill is to try to establish some why we need to correct the marriage Many of these couples, in fact, are fairness in a Tax Code that many peo- penalty. The Democratic alternative struggling to try to make ends meet. ple feel is unfair, that many people and provides for a middle-class tax cut and They are living from paycheck to pay- almost all of us know is very complex still protects our vital national prior- check to paycheck. and is very costly to the individual to ities. We need to override this veto. We abide by. The SPEAKER pro tempore (Mr. need to override this veto for American So what we were trying to do here OSE). Without objection, the gentleman families in all 50 States. I hope that my and we were successful in the bill but from Georgia (Mr. COLLINS) will con- colleagues would join me in voting to we were not successful with the Presi- trol the time for the gentleman from override that veto later this morning. dent’s signature was to establish a Texas (Mr. ARCHER). Mr. RANGEL. Mr. Speaker, I yield 1 standard deduction that is equal and There was no objection. minute to the gentleman from Virginia fair to each individual, whether they Mr. COLLINS. Mr. Speaker, I yield (Mr. MORAN). are single or whether they are married. such time as he may consume to the Mr. MORAN of Virginia. Mr. Speak- A single person has a $4,400 deduc- gentleman from New York (Mr. GIL- er, I thank the very distinguished tion. We were creating a $8,800 deduc- MAN). ranking member of the Committee on tion for a married couple rather than Mr. GILMAN. Mr. Speaker, I rise in Ways and Means. current law that is about $7,300. strong support of H.R. 4810, the Mar- Mr. Speaker, about 9 years ago, a We were taking the approach that riage Tax Elimination Act, and in op- constituent alerted me to the fact that the first dollars earned as adjusted position to the President’s veto. he was paying about $1,200 more in gross income, whether it be single or

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17805 whether an individual or a couple be of the past 4 years. In 1994, the last Mr. Speaker, let me just say I agree filing as a married couple, that the year that the Democrats controlled with the gentleman from Mississippi first dollars earned would be subject to Congress, there were 404 ships in the (Mr. TAYLOR) about the priorities he the 15-percent tax rate. For a single in- United States Navy. After 6 years of noted, which is why we are increasing dividual, the first $26,000 would be sub- Republican control, we are down to 315. in record levels VA health care funding ject to the 15-percent rate. And I am Why? Because there is no money. Well, and we are increasing our spending on using round numbers. For a couple, the if there is no money for the veterans, if military readiness, which is something first $52,000 would be subject to the 15- there is no money for the survivors’ that is long overdue; but that is a de- percent bracket. benefit pension offset, if there is no bate for another day. Equal. Fairness. There is nothing money for dual compensation for peo- What we are here to talk about today wrong with that. And why those who ple who are crippled while they become is the marriage penalty, which I think do not support that or why the Presi- military retirees, why is it that we can is a no brainer. I cannot believe that dent did not support that I do not afford to give away $200 billion to peo- we have to debate this thing. We have know. I know the excuses, but I do not ple who already get a tax benefit the 75,000 married couples in South Dakota know the reasons. The excuses were day they get married? who pay higher taxes because they that we are helping the rich, we are The Democrat plan would free up choose to say ‘‘I do.’’ These are regular helping those no matter what their in- those $200 billion to take care of our working people. come level. veterans, to take care of our military I will give an example of just what I What we were doing was establishing retirees, to build the United States am talking about. There is a young fairness on the bottom rung of the lad- Navy back up. It is now the smallest it couple that came into my office. The der. And as they climb the ladder of in- has been since 1933, while the Repub- husband makes $46,000 a year. The wife come, they climb the ladder of progres- licans controlled both Houses of Con- makes $21,000 a year. They are married. sive tax rates, marginal rates. We have gress. They are in their early thirties and five marginal rates, 15 percent being Those are my priorities; and, quite they have two young children under the lowest. Then it goes to 28 and to 31 frankly, I am not going to steal it from the age of 4. Last year, they paid $1,953 more for and to 34 and to 39.6. And then, as they the Social Security trust fund. I am the price of being married. That is reach that plateau, they begin to not going to steal it from the military wrong, and anyone can see how unfair itemize. They even lose their itemized retirees trust fund. I am not going to this is. These people are not rich. They deductions based on their income. steal from it the Medicare trust fund, do not drive fancy cars and take glam- I regret that we have opposition to and I am not going to stick my chil- orous vacations. They have to make this bill that supports a measure that dren with my bills. Mr. COLLINS. Mr. Speaker, I yield car payments and mortgage payments would actually prohibit the itemized every month. They have to pay doctor deduction of homeownership. We myself such time as I may consume. Mr. Speaker, the gentleman from bills when one of the kids has an ear- should encourage homeownership. That ache and they have to pay for day care. Mississippi (Mr. TAYLOR) makes some is part of the American dream is to This is common sense tax relief for very well-phrased comments. Neither own a home. working South Dakotans and for work- are we going to steal it from Social Se- We should encourage people to save. ing Americans, and I hope all Members Part of these reductions and part of curity or from Medicare or from any of this House can see the value of this letting people keep more of their trust fund; but what we have done, in legislation and the message it sends to earned income could lead to the possi- the appropriation process, is to in- the American people and the people of bility that some of them would save. crease funding in all levels that he has this Nation that we value marriage, we Some of them may even put it into a spoken of so that we can honor the encourage marriage, we do not want to savings account for their children for promises we made to our veterans and penalize people because they choose to education purposes. so that we can replenish the funding get married. We need to repeal this law Lastly, Mr. Speaker, we should en- needed for our defense. and stop punishing married couples in courage marriage. Marriage. When we He mentioned there is no surplus. Mr. this country for having made a com- have a tax code that discourages it, Speaker, we have a positive cash flow, mitment to each other. Overriding this that is wrong. though, and this positive cash flow is veto and repealing the marriage pen- So I ask my colleagues to swallow real. alty and the tax law is the right thing the pride of supporting a President who I went into business at the age of 18, to do for this country. does not quite understand the meas- and at the age of 18 I went into debt. Mr. RANGEL. Mr. Speaker, I yield 3 ures of this bill and support the Amer- Mr. Speaker, I am still in debt; and I do minutes to the gentleman from Texas ican people, whether they be single or not have enough funds in my account (Mr. STENHOLM). whether they be married. to pay all of my debt, but what do I Mr. STENHOLM. Mr. Speaker, it is Mr. Speaker, I reserve the balance of have to do? I have a positive cash flow interesting how quickly we dismiss the my time. that allows me to meet my obligations, statements of the gentleman from Mis- Mr. RANGEL. Mr. Speaker, I yield and through the years I have had posi- sissippi (Mr. TAYLOR) regarding the 11⁄2 minutes to the gentleman from Mis- tive cash flow in some years and not in trust funds and the desire of many of sissippi (Mr. TAYLOR). others; but those years that I did, I was us to change the manner in which we Mr. TAYLOR of Mississippi. Mr. able to give myself a little bonus, and have been addressing the trust funds. Speaker, through the first 11 months of what we are talking about here with Today, again, we have a simple ques- this fiscal year, our Nation ran a $12 this positive cash flow is leaving some tion; and I have a simple question to billion surplus. That is available for of it as a bonus for those who earned it pose. If one believes that providing a every American to read. It is a pub- and paid it into the Government, paid tax cut as large as possible is more im- lished report of the Bureau of Public into the Treasury, a positive cash flow, portant than eliminating the national Debt. So there is no surplus. The only one that can be used to meet our obli- debt and protecting Social Security surplus is in the trust funds. gations and one that can be used also and Medicare, then vote to override the to give relief and a bonus to our people veto of this bill. However, if one agrees b 1145 across this country. that eliminating the national debt and For the past 4 years, for 3 of those 4 Mr. Speaker, I yield 2 minutes to the protecting Social Security and Medi- years, I have heard the same Congress gentleman from South Dakota (Mr. care is more important than any new that controls the purse strings tell our THUNE). spending or tax cuts, then vote to sus- veterans, the very people who gave us Mr. THUNE. Mr. Speaker, I thank tain the veto. the opportunity to even have this de- the gentleman from Georgia (Mr. COL- I am for marriage penalty relief. We bate, that their budget is frozen, for 3 LINS) for yielding me this time. could come to this floor this afternoon

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17806 CONGRESSIONAL RECORD—HOUSE September 13, 2000 and in very short order develop a fis- rubber meets the road because this is a pay down the national debt, and provide other cally responsible compromise which people’s issue. This is a populist issue. essential government services. I support would bring meaningful support and It is about average people, 110,000 of President Clinton’s veto of this fiscally irre- tax equity to millions of Americans. them in my district. They will pay sponsible Republican proposal because enact- Sadly, we choose this morning to con- $1,400 per couple less in taxes. Since ing a tax cut that reduces our ability to ad- tinue a charade. they are married, they should not be dress these important priorities will harm fami- I continue to be amazed at the level taxed unfairly. lies, businesses and communities across the of inconsistency in the leadership of This is where the people are heard. country. this House reflected from one message This is an issue where the rubber meets Democrats have a sensible alternative that of the day to the next. On one day this the road. I clearly believe we are on the costs almost half as much as the Republican House loves to congratulate itself on side of the people here on repealing the bill, while still providing marriage penalty tax its commitment to debt reduction. The marriage tax penalty. Our Tax Code is relief to a majority of Americans. The Adminis- next day it is tax relief for small busi- too complicated. That debate is for an- tration has indicated that President Clinton nesses. Another day we swear our sup- other day, but we have to come back to would sign the Democratic alternative if it port for lockboxes for Social Security that. It is also unfair. This tax is un- came to his desk. Marriage penalty relief could and Medicare and then we promise fair. We need to eliminate it. This is be signed into law right now if the Republican huge tax cuts not only for middle- and where the rubber meets the road. leadership would support this alternative. low-income married couples but we There was a comment about pro- Despite what Republicans claim, Democrats also sneak in wider tax brackets to tecting Social Security. My side, for 2 do not oppose tax cuts, and we have not op- benefit the higher-income folk. years, has kept us out of Social Secu- posed marriage penalty relief. However, we do Now, I think most of these are wor- rity. That is a success. We deserve the emphasize the importance of both fairness thy and, in fact, should be among our credit for that. There is no question and fiscal responsibility when providing tax re- highest priorities; but it is just not that we pushed the envelope there and lief. Fairness that ensures family security and possible to have ten different number we stayed out of Social Security. We fiscal responsibility that protects our nation’s one priorities. It takes leadership. The are now talking about what do we do priorities. I urge my colleagues to vote no on Blue Dogs looked at the whole picture about staying out of Social Security the override of President Clinton’s veto. early this year and realistically bal- and giving the people some of their Mr. RANGEL. Mr. Speaker, I yield anced each concern with the other. We money back. We hear targeted tax the balance of our time to the gen- decided that our number one priority cuts. This is targeted for couples who tleman from Missouri (Mr. GEPHARDT), should be eliminating our national are married. What better way to target our distinguished minority leader. debt so that we can meet our commit- tax cuts than to people who are mar- Mr. GEPHARDT. Mr. Speaker, I rise ments to Social Security and Medicare ried? My goodness, my goodness, there to support the ending of the marriage in the future. We should talk about tax should not be any question about this. penalty, to say that the Democratic al- cuts after we have agreed on a long- This is a people’s issue, and on this ternative did that for people that actu- term plan to set aside enough of the one we are on their side. We are doing ally have a marriage penalty, and our surpluses over the next 10 years to what the people need, married couples, problem with this bill is that it extends eliminate the debt and deal with the low income, middle income, all folks, about 60 percent of its benefits to peo- challenges facing Social Security and married couples. What better way to ple that earn above the middle class Medicare. target tax relief. Vote to override the and have many more means than the I would congratulate my colleagues President’s veto. Vote with the major- middle class and, frankly, do not have from the other side of the aisle for ity side here. Vote for the people and a marriage penalty. coming around to the Blue Dog posi- repeal and override the marriage tax Our problem with the bill, and the tion on debt reduction, at least in their veto. President’s problem with the bill, and rhetoric yesterday. Unfortunately, the Mr. RANGEL. Mr. Speaker, I yield the reason the bill was vetoed, is that leadership’s conversion to the cause of such time as she may consume to the it goes ahead and does a lot of things debt reduction appears to have been a gentlewoman from California (Ms. that have nothing to do with the mar- short-term plan of convenience and not PELOSI). riage penalty. a serious long-term commitment to Ms. PELOSI. Mr. Speaker, I thank We are all for getting rid of the mar- paying off the debt. The fact that we the gentleman from New York (Mr. riage penalty. For about $100 billion are voting today on this fiscally incon- RANGEL), the distinguished ranking over 10 years, we could do that for the sistent tax cut makes me seriously member, for yielding me this time. people that have a problem. We could doubt the seriousness of the Repub- Mr. Speaker, as one who celebrated be carrying on a discussion today lican leadership’s rhetoric about debt her 37th wedding anniversary last about a bill that the President would reduction. week, I certainly do not support mar- sign that would end the marriage pen- If the leadership of this House were riage penalty, but I do support the alty, but that is not what was chosen serious about debt reduction yesterday, Democratic alternative and urge my to do. So we are wasting time today, they would not be coming to the floor colleagues to sustain the veto and con- again, working on a bill that has been today with this override. We should be gratulate the distinguished ranking vetoed that will never see the light of working on a fiscally responsible tax member for his extraordinary leader- day. I go door to door in my district; I cut. I urge my colleagues to vote to ship on this. went door to door last weekend and sustain the veto so we can get to work Mr. Speaker, we all agree that couples people talked to me about all kinds of on a fiscally responsible marriage tax should not be penalized by the tax code when issues, prescription medicine and Medi- penalty relief. they decide to marry. That is not the issue. care, a Patients’ Bill of Rights, helping Mr. COLLINS. Mr. Speaker, I yield 2 The problem with the Republican marriage public education and trying to get minutes to the gentleman from Ten- penalty bill is that its tax cuts go well beyond smaller classroom sizes. nessee (Mr. WAMP). marriage penalty relief by widening the tax And they talk about tax relief; but Mr. WAMP. Mr. Speaker, there has brackets of higher income tax payers. Half of they want tax relief that is affordable, been a lot of talk this fall about who is the relief in the Republican proposal goes to reasonable, feasible, and is targeted at for the powerful and who is for the peo- people who do not pay any marriage penalty the people that really need it. They do ple, and I have a populist thread that today. As a result, their proposal costs an as- not think we need tax relief for people runs deep to my core and most folks tounding $182 billion over the next ten years, that earn $130,000, $150,000, $200,000 a know I come right from the center of consuming nearly one-fourth of the surplus. year. They earn $30,000 a year or $40,000 this floor, from this body to the micro- Such substantial costs will leave less money a year; and they would like the tax re- phone to speak from time to time; and to strengthen Social Security and Medicare, lief limited and targeted at them. They I have to say that this is where the provide a prescription drug benefit to seniors, also want us to save the vast majority

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17807 of the surplus to pay down the debt and A vote to override the President’s veto is a The institution of marriage is the to take care of Social Security and vote for American families. foundation of our communities and our Medicare. Mr. COLLINS. Mr. Speaker, I yield government. Marriage is something Now yesterday in a meeting in the such time as he may consume to the that we ought to be honoring and we White House, the Speaker and other gentleman from Texas (Mr. DELAY), ought to be respecting. It is time to re- Members of the Republican leadership the Majority Whip. peal the destructive immoral tax cur- came in with a new budget, and the Mr. DELAY. Mr. Speaker, I thank the rently imposed on married couples, a new budget is that we are going to save gentleman from Georgia (Mr. COLLINS) tax that this administration refuses to 90 percent of the unified surplus to pay for yielding the time to me. lift. down the debt. Now, there are two Mr. Speaker, it is really fascinating The President had the opportunity to problems with this. One, we are back to at times how short people’s memories end this unfair tax earlier this sum- the unified surplus. I thought we were are or the lack of sense of history. mer, and with the stroke of a pen, he putting Social Security in a lockbox. If When the Republicans became the ma- could have extended fairness to the we are exposing the unified surplus to jority in 1995, we had 40 years of the millions of American families who are some new goal setting, 90/10, it could Democrats control of this body. For 40 burdened by this tax. Unfortunately, mean that in some years we would years, they ran up the debt on this the President placed a higher value on enter the lockbox and start spending country. retaining Washington spending than he For 40 years, they had budgets as far Social Security money. did on extending relief for struggling as the eye could see that were going to young families during the last vote on b 1200 run deficits and increase the debt on this issue. our children and grandchildren. When I cannot imagine that we would want A very strong bipartisan majority of we came in, we told the American peo- to do that. the House embraced the simple com- ple that we would balance the budget, The second thing is, here we are on mon sense of ending a tax that dis- that we would give some tax relief, and the floor today spending an hour trying criminates against people starting we would start paying down on the to override a veto on a $300 billion tax families. All of us understand that debt. cut. If you add up all the tax cuts that when we tax something we get less of the leadership has brought to the floor We were told by this side of the aisle and Washington pundits and Wash- it. Why in the world would the Clinton and passed, you are well above 10 per- administration retain a policy that cent of the surplus. So the action today ington media that that is impossible, we cannot balance the budget and cut forces married couples to pay a finan- is inconsistent with the theory that cial penalty? How can they call a fam- was propounded just yesterday. We taxes and pay down on the debt. I am very proud to stand before my col- ily that is making $43,000 a year rich? want to do these bills. Their definition of middle class is any- I say to my friends on the other side, leagues and tell my colleagues that the body that does not pay taxes. let us stop the posturing. Let us stop budget is balanced, and it has been for Why do Democrats offer an alter- the putting out bills that are not going a couple of years, that we stopped the native that says it is fine, we can take anywhere. People in your districts and raid on Social Security that was going advantage of the marriage penalty tax in mine want us to do something now, on for 40 years. and repeal it, but if we have a home this year, to end the marriage penalty. They were taking the Social Security and pay a mortgage or we itemize de- We can do the marriage penalty before surplus and spending it on government ductions, we do not get the benefit of these next 3 or 4 weeks are up, if we programs. We did that last year. And repealing the marriage penalty. will only target it at the people that we will do it again this year. We stopped the raid on Medicare sur- The support in this House for ending actually have a marriage penalty. the marriage penalty clearly shows Mr. Speaker, I urge Members to vote plus. They were using that for big gov- that the American people want and to sustain this veto. Let us sit down in ernment programs. We have a big sur- need relief from that tax. A country a spirit of bipartisanship and let us get plus, and for the last couple of years, founded on freedom should not main- the job done for the American people. we have actually not talked about it, Mr. COLLINS. Mr. Speaker, I yield we actually paid down over $350 billion tain a Tax Code that arbitrarily places such time as he may consume to the on the public debt. an extra burden on husbands and wives. We started this year with a budget Mr. Speaker, I urge my colleagues gentleman from Texas (Mr. SAM JOHN- that said that now that we have this and the President to support this effort SON). Mr. SAM JOHNSON of Texas. Mr. surplus, we have got to keep it out of and to end the unfair tax on married Speaker, I want to assert that our fam- the hands of the Washington spenders, couples. ilies need some help in America, and and we need to return it to the Amer- Mr. BLUMENAUER. Mr. Speaker, today’s this is the way to give it to them. ican people, because they are the peo- debate is supposedly about the marriage pen- For a third time President Clinton and Vice ple that paid it and it is their money alty, but like last week’s debate on the estate President GORE have vetoed a bill to eliminate and they are overtaxed. That is the def- tax, it is really about priorities and fiscal dis- the marriage penalty tax because they say it inition of a surplus. cipline. is risky. We said that we would take, and I re- It will never be possible to design a tax sys- My question is: What is risky about helping mind the minority leader, at that time tem that is perfect. Often people of good will married couples keep more of their own we would take 85 percent of the surplus disagree about objectives and interpretations. money. and pay down on the debt, and take Most of the people I represent, however, and Marriage is a cherished institution in Amer- other 15 percent and give some of that a majority of Americans want us to do the job ica and we should promote it, not discourage tax money back to the American peo- right. They know we can do better. The Presi- it. ple, and we do it in many ways. Repeal dent is correct in resisting a series of tax cuts Right now, married couples pay more in the death tax, well, the President ve- that favor those who need help the least until taxes than two single people living together. toed that. there is at least equal attention to the plight of That’s just not right. Washington must stop pe- One of the most important reasons is those who need our help the most. nalizing the cornerstone of our society—the why we are here today is to give some There are some serious marriage penalties American family. relief to married people, and there is a in the tax code and in other areas of federal We should encourage marriage—not penal- surplus, there is a $70 billion surplus. law, but this bill would not fix them. Lower-in- ize it. Not counting the Social Security sur- come workers, who benefit from the Earned In my district alone, this bill would end the plus, we have a surplus that does not Income Tax Credit, face a sharp reduction in marriage penalty for over 150,000 Americans. count the Social Security surplus or benefits when they marry. This bill does not Mr. Clinton and Mr. GORE should stop play- the Medicare surplus, and we can take begin to address that problem. Nor does it try ing election year politics. This bill is just too 90 percent of that and pay down the to distinguish between the slightly less than important. debt. half of America’s couples who are affected by

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 17808 CONGRESSIONAL RECORD—HOUSE September 13, 2000 the marriage penalty and the other half, who eral income tax code should be marriage-neu- would be if they were single. In other words, receive a marriage benefit. This bill lowers tral. a primary result would not be to lessen mar- taxes for many, while overlooking those who First, this legislation, H.R. 4810, will help riage ‘‘penalties’’ but to increase marriage ‘‘bo- need our help the most. eliminate the marriage penalty in the Internal nuses.’’ This bill does nothing to ease a difficulty Revenue Code In the following significant And, by going beyond what’s needed to end that fully 50 percent of families will face by ways: marriage ‘‘penalties’’ the Republican leader- 2010—the risk that using the child care and STANDARD DEDUCTION ship’s bill as originally passed by the House education credits will force them into the Alter- It will increase the standard deduction for would have gone too far in reducing the sur- native Minimum Tax. This is a very real prob- married couples who file jointly to double the plus funds that will be needed to bolster Social lem, especially for larger families who simply standard deduction for singles beginning in Security and Medicare. will not get the tax relief they were promised. 2001. For example, in 2000, the standard de- Those were the reasons for my reluctance These problems can all be fixed, and the duction equals $4,400 for single taxpayers but to vote for this bill. They were strong reasons. cost would be lower than the unfocused pro- $7,350 for married couples who file jointly. If In fact, as I did then, if voting for the bill would posal the President rightly vetoed. We could this legislation was effective in 2000, the have meant that it immediately would have be- have tax relief for those who face the biggest standard deduction for married couples who come law, I would have voted against it. But problems, while still reserving funds to provide file jointly would be $8,800 which would be I reluctantly voted for it because at that point health insurance to some of America’s 11 mil- double the standard deduction for single tax- the Senate still had a chance to improve it. lion uninsured children; to offer prescription payers. I was prepared to give the Republican lead- drug coverage to the one-third of older Ameri- THE 15-PERCENT TAX BRACKET ership one last chance to correct the bill’s defi- cans who have no insurance for this expense; It will increase the amount of married cou- ciencies rather than simply to insist on send- and to pay down the national debt. ples’ income (who file jointly) subject to the ing it to the President for the promised veto. Mrs. MINK of Hawaii. Mr. Speaker, I will lowest 15 percent marginal tax rate to twice I hope that the Republican leadership would vote to override the President’s veto of H.R. that of single taxpayers beginning in 2003, allow the bill to be improved to the point that 4810, the Marriage Tax Penalty Relief Act. phased in over six years. Under the current it would merit becoming law—meaning that it Elimination of the marriage tax penalty has tax law, the 15 percent bracket covers tax- would deserve the President’s signature. long been my priority. Some argue it is overly payers with income up to $26,250 for singles Unfortunately, they did not take advantage generous because it widens the 15 percent and $43,850 for married couples who file joint- of that opportunity. Instead, they insisted on tax bracket for all married couples. I see noth- ly. If this legislation was effective in 2000, sending to the President a bill falling short of ing wrong with increasing the 15 percent married couples would pay the 15 percent tax being appropriate for signature into law. I can- bracket for married couples from the current rate on their first $52,500 of taxable income, not support that approach. income level of $43,850 to a level of $52,500. which would be double the aforementioned The bill as sent to the President—the bill No one can claim that those couples are rich. current income amount for singles. that is not before us again—is not identical to Because our tax structure is progressive, obvi- Second, H.R. 4810 will help the Internal the original Republican bill as initially passed ously widening the income covered by the 15 Revenue Code become more marriage-neu- by the House. But it is still very poorly tar- percent will impact on all the upper income tral. Currently, many married couples who file geted. Half of this bill’s tax relief would go to levels. The issue is whether the lowest tax jointly pay more Federal income tax than they couples who are not affected by any marriage bracket group should be increased. would as two unmarried singles. The Internal penalty at all—and overall the bill is still fatally I want the Republican and Democratic lead- Revenue Code should not be a consideration flawed. ership to get together and work out a marriage when individuals discuss their future marital It seems clear that back in July the Repub- tax bill that will be signed by the President. I status. lican leadership decided to insist on sending voted for the Democratic proposal in July. The Therefore, for these reasons, and many oth- the President a bill he would veto, on a time- differences between the two proposals are not ers, this Member urges his colleagues to vote table based on their national nominating con- so wide that they cannot be bridged. My vote to override the President’s veto of H.R. 4810, vention. If that was their desire, they have is meant to send a message that repeal of the the Marriage Penalty Tax Elimination Rec- achieved it. I greatly regret that the Repub- marriage tax penalty is due. Eliminating one of onciliation Act. lican leaders decided to insist on confrontation the most unfair provisions of the tax code is Mr. UDALL of Colorado. Mr. Speaker, when with the President instead of seeking a work- long overdue. If increasing the lowest tax we considered this bill the first time, I voted for able compromise that would lead to a bill that bracket make it too expensive, then let’s com- it—although I was very reluctant to do so—in the President could sign into law. promise that, so it costs less. But let’s pass the hope that the Senate would improve it suf- If the President’s veto is upheld—and I think the repeal of the marriage penalty. ficiently to make it acceptable. it will be—I hope that Members on both sides Mr. BEREUTER. Mr. Speaker, this Member However, that did not happen. So, I could of the aisle will work to develop a bill that will rises today to express his support to override not vote for the conference report on the bill appropriately address the real problem of the the President’s veto of H.R. 4810, the Mar- and will not vote to override the President’s ‘‘marriage penalty’’ and that can be signed into riage Penalty Tax Elimination Reconciliation veto. law this year. Certainly, I am ready to join in Act. This bill will have a positive effect, in par- I support ending the ‘‘marriage penalty,’’ but their efforts. ticular, on middle and lower income married my initial support for the Republican leader- Mr. BENTSEN. Mr. Speaker, I rise in oppo- couples. ship’s bill was reluctant because I though that sition to the veto override of H.R. 4810. With At the outset, this Member would like to bill was not the right way to achieve that goal. just under fourteen legislative days remaining, thank the distinguished Chairman of the That was why I voted for the Democratic alter- we are poised to vote on a measure that will House Ways and Means Committee from native, a measure that would not have been only provide tax relief to a small segment of Texas (Mr. ARCHER), for introducing this legis- vetoed. Americans, at a cost of $292.5 billion over 10 lation. In some areas the Republican leadership’s years and at the expense of providing uni- It is important to note that H.R. 4810 passed bill did too little, and in others it did too much. versal Medicare prescription drug benefits, the House on July 20, 2000, by a vote of 271 It did too little by not adjusting the Alternative strengthening Social Security and Medicare, to 156, with this Member’s support. The Sen- Minimum Tax. That means it would have left and paying off the National debt during the ate also passed the same reconciliation meas- many middle-income families unprotected from 1980’s and early 1990’s. Mr. Speaker, this ure. In turn, the President vetoed H.R. 4810 having most of the promised benefits of the massive tax cut, like the Estate and Gift tax on August 5, 2000. bill taken away. The Democratic substitute bill before it, puts our seniors and our fiscal While there are many reasons to support would have adjusted the Alternative Minimum security at risk. overriding the President’s veto of H.R. 4810, Tax. It did too much because it was not care- H.R. 4810 is overly broad and benefits not this Member will enumerate two specific rea- fully targeted. It did not just apply to people only those subject to a penalty but also would sons. First, H.R. 4810 takes a significant step who pay a penalty because they are married. confer tens of billions of dollars of ‘‘marriage toward eliminating the current marriage pen- Instead, a large part of the total benefits under penalty tax relief’’ on millions of married fami- alty in the Internal Revenue Code. Second, the bill would have gone to married people lies that already receive marriage bonuses. H.R. 4810 follows the principle that the Fed- whose taxes already are lower than they Approximately half of the tax reductions from

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17809 the bill’s ‘‘marriage penalty relief provisions’’ I strongly support marriage penalty relief. In in federal taxes—40 percent more than the would go to families that currently receive my view, the tax code should not penalize $6,000 they paid when they were single. marriage bonuses. According to a recent couples because they choose to get married. There is no justification for making families Treasury Department study, roughly 48 per- That is why I have repeatedly voted for tax pay higher tax rates than single Americans. In cent of couples pay a marriage penalty and 42 cuts to alleviate the marriage penalty for hard my own district of Texas, about 66,000 mar- percent get a marriage bonus under current working families. ried couples would benefit from the bill. tax law. Therefore, this bill, which will cost Unfortunately, the bill vetoed by the Presi- Raising a family is difficult enough. The fed- $292.5 billion over 10 years will provide a dent was inflated to nearly $300 billion with eral government should not add to that burden mere $149 in tax relief to the average family about half the total tax benefit going to high in- with unfair taxes. That’s why I support the with income of less than $50,000. Further, come earners who do not even pay the pen- House’s override of the President’s marriage once fully phased in, nearly 70 percent of the alty. As a consequence, the vetoed bill would penalty veto. benefit will be enjoyed by couples earning crowd out our ability to enact other tax cuts for Mr. KIND. Mr. Speaker, I rise today in oppo- more than $70,000 annually, even if they suf- working families, to pay down the national sition to H.R. 4810, the Marriage Tax Penalty fered no marriage penalty under existing law. debt, and to strengthen Social Security and Relief Act. As I have said before, the most troubling as- Medicare. We can eliminate the marriage pen- Last year, leadership tried to enact a $792 pect of H.R. 4810 might well be the plan’s in- alty without jeopardizing these other important billion tax cut bill that would have seriously en- crease in the 15 percent bracket for married priorities. dangered efforts to strengthen Social Security couples to twice the single level, phased in This override vote need not and should not and Medicare, pay down the $5.7 trillion debt over six years. This one provision, which ac- be the last word on marriage penalty relief this and invest in important priorities such as edu- counts for nearly 60 percent of the measure’s Congress. Members of both parties have of- cation and a prescription drug benefit for all cost, would provide no relief to the 61 percent fered proposals to address the marriage pen- seniors. The American people soundly re- of all married couples are already in the 15 alty and there are clearly grounds for com- jected this fiscally irresponsible plan. percent bracket. Moreover, once H.R. 4810 is promise. The Republican presidential can- This year nothing has changed except implemented, nearly half of American families didate, for example, has offered a targeted House leadership has broken apart their big with two or more children can expect to re- marriage penalty proposal that would restore tax bill into smaller pieces. So far, the leader- ceive little, if any, tax relief because an in- the 10 percent deduction for two-earner fami- ship tax agenda adds up to more than $748 creasing number of these families would be lies—a far different approach from the vetoed billion over 10 years. This amount is nearly subject to new tax liability, under the Alter- bill. The distinguished ranking member of the the same as the large irresponsible tax bill re- native Minimum Tax (AMT). As we all know, Senate Finance Committee, Senator MOY- jected last year. The Marriage Tax Penalty the AMT tax was designed to ensure that NIHAN, sponsored legislation that provides Relief bill passed by the House and the Sen- wealthy taxpayers could not avoid income more relief from the marriage penalty than any ate and vetoed by the President is, once taxes through excessive use of preferences again, just another vehicle for leadership to such as credits and deductions. Mr. Speaker, other proposal offered this year by allowing couples to choose whether to file jointly or as push through their tax cuts, at the cost of surely the Republican Leadership does not $280 billion over ten years if its provisions re- see middle-class families with children as tax individuals. In the spirit of compromise, today I am intro- main permanent, while providing nothing for evaders. hard working families. Mr. Speaker, I urge my colleagues to aban- ducing the House companion to the Moynihan While I support tax relief for those couples don H.R. 4810 and join me in supporting the amendment. Under my bill, couples who cur- who are penalized, I do not, however, support Rangel alternative. Offered during original con- rently pay more in taxes because they’re mar- H.R. 4810. Most of the tax cut would go to sideration of this bill, the Rangel alternative ried would have the choice to file as individ- couples that pay no marriage penalty at all, in would cost $89.1 billion over ten years and uals, eliminating the marriage penalty. My bill fact they receive a marriage bonus. That is provides for real relief by increasing the stand- is simpler, provides more marriage penalty re- why I supported the substitute originally of- ard deduction for married couples filing jointly lief, and is more fiscally responsible than the fered by Representative RANGEL, which was to twice the level for single filers as well as an vetoed bill. fairer and more fiscally responsible. In fact, exemption from the AMT. The Rangel sub- The one-half of all married couples in this two-thirds of America’s couples would get the stitute adjusts the AMT in an attempt to en- country who pay the marriage penalty deserve sure that the benefits of the standard deduc- our best efforts to reach a compromise. They same tax cut under the alternative bill, as they tion change would not be nullified. Further, it gain nothing from political posturing and over- would under H.R. 4810. It would have elimi- grants couples a $2,000 increase in the begin- ride motions that will inevitably fail. These cou- nated the marriage tax penalty by increasing ning and ending income phaseout levels for ples deserve to have a bill enacted this year. the basic standard deduction for a married families claiming the Earned Income Tax We can deliver that tax relief, and I hope the couple filing a joint income tax return to twice Credit (EITC) in 2001 and a permanent $2,500 legislation I introduce today can serve as a the basic standard deduction for an unmarried increase starting in 2002. starting point for how we can address the mar- individual, but it would not have further exac- Unfortunately, with the House’s rejection of riage penalty and protect other key national erbated the current inequities in the Tax Code the Rangel alternative, no legislation providing priorities. by providing a large tax act windfall to couples relief from the marriage penalty will be en- I urge my colleagues to oppose the motion. receiving a marriage bonus, that is, paying acted this year. Moreover, the Republican Mr. SMITH of Texas. Mr. Speaker, I rise less in taxes because they are married than Leadership, by scheduling this vote today, are today to urge my colleagues to vote to over- they would if they were single. telling us that they would rather have a polit- ride the President’s marriage penalty veto. Although the President vetoed H.R. 4810 in ical issue than working with Congressional Last February, this House passed the Mar- August, leadership has insisted upon using the Democrats to craft a bill that the President riage Tax Penalty Relief Act of 1999, with 51 short period of time that remains in the 106th could sign to give an immediate targeted tax Democrats crossing over to vote with the Re- Congress to vote on this bill again, knowing cut to middle-class American families. Mr. publican majority. that it will not be enacted into law as currently Speaker, let’s not squander this opportunity to In August, President Clinton vetoed the bill. drafted. If leadership was serious about pro- work together and act fast to bring about a tar- Today, the House has the opportunity to vote viding relief to married couples who incur a geted tax cut that relieves those who actually to override the President’s veto. penalty, they would have worked for a truly bi- suffer a marriage penalty while maintaining According to the Congressional Budget Of- partisan bill that all Members of Congress our commitment to paying off the debt, pro- fice, 25 million couples every year pay an av- could have supported and the President would viding a Medicare prescription drug benefit for erage of $1,400 in higher taxes simply be- have signed into law. From the beginning seniors, and strengthening Social Security and cause they are married. That’s enough for leadership proved they were not serious about Medicare. their children’s collect expenses or a down tax relief when they broke their own budget Mr. POMEROY. Mr. Speaker, I rise in oppo- payment on a family car. rules by first bringing up their bill in February, sition to the motion to override the President’s Here’s how the discrimination works: A sin- long before they passed a budget resolution. veto of H.R. 4810, a bill that purportedly ad- gle taxpayer earning $30,000 annually pays Their timing was purely for show, they wanted dresses the marriage penalty but in fact $3,000 in federal taxes. But if two taxpayers to provide tax cuts for married couples on Val- misses the mark. earning $30,000 each marry, they owe $8,400 entine’s day. Further, they never bothered to

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 17810 CONGRESSIONAL RECORD—HOUSE September 13, 2000 schedule bipartisan meetings to discuss their Mr. TAYLOR of Mississippi. Mr. Hoekstra Mica Shaw Holden Miller (FL) Shays bill, they never held a House-Senate Con- Speaker, I ask unanimous consent for a Holt Miller, Gary Sherwood ference meeting, and leadership drafted the publication of the Treasury Depart- Hooley Mink Shimkus final bill behind closed doors. ment to be inserted in the RECORD. Horn Moore Shows Our current strong economy has begun pro- The SPEAKER pro tempore. Is there Hostettler Moran (KS) Shuster Houghton Morella Simpson ducing surplus federal revenues, and, as you objection to the request of the gen- Hulshof Myrick Sisisky might imagine, there is no shortage of ideas tleman from Mississippi? Hunter Nethercutt Skeen for ‘‘using’’ the surplus. I am in favor of pro- Mr. COLLINS. Mr. Speaker, will the Hutchinson Ney Skelton viding relief for those couples who are penal- gentleman repeat the unanimous con- Hyde Northup Smith (MI) Inslee Norwood Smith (NJ) ized by the marriage tax and I hope we can sent request? Isakson Nussle Smith (TX) still reach a compromise on tax relief. Unfortu- The SPEAKER pro tempore. The gen- Istook Ose Smith (WA) nately, this tax relief would have made it more tleman’s unanimous consent needs to Jenkins Oxley Souder difficult to meet our nation’s existing obliga- John Packard Spence be repeated. Johnson (CT) Pascrell Spratt tions; such as paying off our $5.7 trillion debt, Mr. TAYLOR of Mississippi. Mr. Johnson, Sam Paul Stabenow protecting Social Security, modernizing Medi- Speaker, I ask unanimous consent that Jones (NC) Pease Stearns care by offering a prescription drug benefit, the Treasury report of June 30, 2000 Kasich Peterson (PA) Stump Kelly Petri Stupak and investing in our children’s education. Sur- that shows that the public debt has in- King (NY) Phelps Sununu plus funds allow us to pay down the principal creased by $40 billion in the past 12 Kingston Pickering Sweeney on this burdensome debt, thus reducing the months be inserted at the RECORD at Knollenberg Pickett Talent annual interest payments which amount to ap- this point. Kolbe Pitts Tancredo Kuykendall Pombo Tauscher proximately $250 billion annually. In fact, Fed- The SPEAKER pro tempore. Is there LaHood Porter Tauzin eral Reserve Chairman Alan Greenspan stat- objection to the request of the gen- Largent Portman Taylor (NC) ed, that ‘‘ongoing progress to pay off the na- tleman from Mississippi? Latham Pryce (OH) Terry tional debt is an extraordinarily effective force LaTourette Quinn Thomas Mr. COLLINS. Mr. Speaker, reserving Lazio Radanovich Thornberry in this economy,’’ and that our first priority the right to object, the documents that Leach Ramstad Thune should be to continue to rack up annual sur- the gentleman referred to are already Lewis (CA) Regula Tiahrt pluses. Lewis (KY) Reynolds Toomey public records, so, therefore, I object. Linder Riley Traficant Mr. Speaker, we can have tax cuts this The SPEAKER pro tempore. The gen- Lipinski Roemer Upton year, but they should be the right ones, tar- tleman from Georgia objects. LoBiondo Rogan Vitter geted at those who are currently penalized by Without objection, the previous ques- Lucas (KY) Rogers Walden the marriage tax. I urge all my colleagues to Lucas (OK) Rohrabacher Walsh tion is ordered. Maloney (CT) Ros-Lehtinen Wamp oppose the Marriage Penalty Tax Relief bill There was no objection. Manzullo Roukema Watkins and sustain the President’s veto of the Mar- The SPEAKER pro tempore. The Martinez Royce Watts (OK) riage Penalty Tax Relief Act. Then let’s get Mascara Ryan (WI) Weldon (FL) question is, Will the House, on recon- McCarthy (NY) Ryun (KS) Weldon (PA) back together to pass a reasonable com- sideration, pass the bill, the objections McCollum Salmon Weller promise that recognizes our obligations to pay of the President to the contrary not- McCrery Sandlin Whitfield off the national debt, strengthen Social Secu- withstanding? McHugh Sanford Wicker rity, modernize Medicare and invest in our McInnis Saxton Wilson Under the Constitution, this vote McIntosh Scarborough Wise children. must be determined by the yeas and McIntyre Schaffer Wolf f nays. McKeon Sensenbrenner Wu McKinney Sessions Young (AK) VACATING THE ORDERING OF YEAS AND NAYS ON The vote was taken by electronic de- Metcalf Shadegg Young (FL) HOUSE RESOLUTION 572, SENSE OF HOUSE RE- vice, and there were—yeas 270, nays GARDING UNITED STATES-INDIA RELATIONS 158, not voting 6, as follows: NAYS—158 Mr. COLLINS. Mr. Speaker, I ask [Roll No. 466] Abercrombie Dooley Larson unanimous consent to vacate the or- Ackerman Edwards Lee YEAS—270 dering of the yeas and nays on the mo- Allen Evans Levin tion to suspend the rules and adopt H. Aderholt Cannon Etheridge Andrews Farr Lewis (GA) Archer Capps Everett Baca Fattah Lofgren Res. 572. Armey Castle Ewing Baldacci Filner Lowey The SPEAKER pro tempore (Mr. Bachus Chabot Fletcher Baldwin Ford Luther OSE). Without objection, the order for Baird Chambliss Foley Barrett (WI) Frank (MA) Maloney (NY) the yeas and nays on the cited motion Baker Chenoweth-Hage Forbes Becerra Frost Markey Ballenger Clement Fossella Bentsen Gejdenson Matsui is vacated and, pursuant to the earlier Barcia Coble Fowler Berman Gephardt McCarthy (MO) vote by voice, the rules are suspended, Barr Coburn Franks (NJ) Berry Gonzalez McDermott the resolution is agreed to, and with- Barrett (NE) Collins Frelinghuysen Blagojevich Green (TX) McGovern out objection, a motion to reconsider is Bartlett Combest Gallegly Blumenauer Gutierrez McNulty Barton Condit Ganske Bonior Hall (OH) Meehan laid on the table. Bass Cook Gekas Borski Hastings (FL) Meek (FL) There was no objection. Bereuter Cooksey Gibbons Boyd Hill (IN) Meeks (NY) PARLIAMENTARY INQUIRY Berkley Costello Gillmor Brady (PA) Hilliard Menendez Biggert Cox Gilman Brown (FL) Hinchey Millender- Mr. TAYLOR of Mississippi. Mr. Bilbray Cramer Goode Brown (OH) Hinojosa McDonald Speaker, a preliminary inquiry. Mr. Bilirakis Crane Goodlatte Capuano Hoeffel Miller, George Speaker, my parliamentary inquiry is Bishop Cubin Goodling Cardin Hoyer Minge how would I have this document from Bliley Cunningham Gordon Carson Jackson (IL) Moakley Blunt Danner Goss Clay Jackson-Lee Mollohan the Bureau of Public Debt published on Boehlert Davis (VA) Graham Clayton (TX) Moran (VA) June 30, 2000, how would I have this Boehner Deal Granger Clyburn Jefferson Murtha document that shows the public debt Bonilla DeLay Green (WI) Conyers Johnson, E. B. Nadler Bono DeMint Greenwood Coyne Jones (OH) Napolitano increasing by $40 billion inserted at the Boswell Deutsch Gutknecht Crowley Kanjorski Neal RECORD at this appropriate time? Boucher Diaz-Balart Hall (TX) Cummings Kaptur Oberstar Mr. COLLINS. Mr. Speaker, regular Brady (TX) Dickey Hansen Davis (FL) Kennedy Obey order. Bryant Doolittle Hastert Davis (IL) Kildee Olver Burr Doyle Hastings (WA) DeFazio Kilpatrick Ortiz Mr. SAM JOHNSON of Texas. Mr. Burton Dreier Hayes DeGette Kind (WI) Pallone Speaker, regular order. Buyer Duncan Hayworth Delahunt Kleczka Pastor The SPEAKER pro tempore. The gen- Callahan Dunn Hefley DeLauro Klink Payne tleman from Mississippi (Mr. TAYLOR) Calvert Ehlers Herger Dicks Kucinich Pelosi Camp Ehrlich Hill (MT) Dingell LaFalce Peterson (MN) could ask for unanimous consent to Campbell Emerson Hilleary Dixon Lampson Pomeroy submit the document for the RECORD. Canady English Hobson Doggett Lantos Price (NC)

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17811 Rahall Serrano Turner The vote was taken by electronic de- Shuster Sweeney Walden Rangel Sherman Udall (CO) vice, and there were—ayes 315, noes 109, Simpson Talent Walsh Reyes Slaughter Udall (NM) Sisisky Tancredo Wamp Rivers Snyder Velazquez answered ‘‘present’’ 1, not voting 8, as Skeen Tanner Watkins Rodriguez Stark Visclosky follows: Skelton Tauscher Watts (OK) Rothman Stenholm Waters Smith (MI) Tauzin Weiner [Roll No. 467] Roybal-Allard Strickland Watt (NC) Smith (NJ) Taylor (NC) Weldon (FL) Rush Tanner Waxman Smith (TX) Terry Weldon (PA) Sabo Taylor (MS) AYES—315 Smith (WA) Thomas Weiner Weller Sanchez Thompson (CA) Ackerman Fletcher Martinez Snyder Thompson (CA) Wexler Whitfield Sanders Thompson (MS) Aderholt Foley Mascara Souder Thompson (MS) Woolsey Wicker Sawyer Thurman Archer Forbes Matsui Spence Thornberry Schakowsky Tierney Wynn Armey Fossella McCarthy (NY) Spratt Thune Wilson Scott Towns Baca Fowler McCollum Stabenow Tiahrt Wolf Bachus Franks (NJ) McCrery Stearns Toomey Wu NOT VOTING—6 Baird Frelinghuysen McDermott Stenholm Towns Wynn Engel Gilchrest Vento Baker Frost McHugh Stump Turner Young (AK) Eshoo Owens Weygand Ballenger Gallegly McInnis Stupak Upton Young (FL) Barr Gejdenson McIntosh Sununu Vitter b 1231 Barrett (NE) Gekas McIntyre Bartlett Gephardt McKeon NOES—109 Mrs. JONES of Ohio, Mr. MENEN- Barton Gibbons McNulty Abercrombie Frank (MA) Nadler DEZ and Mr. HINCHEY changed their Bass Gillmor Meeks (NY) Allen Ganske Oberstar Becerra vote from ‘‘yea’’ to ‘‘nay.’’ Gonzalez Metcalf Andrews Gilman Obey Bentsen Goode Mica Baldacci Green (TX) Olver Mrs. EMERSON changed her vote Bereuter Goodlatte Millender- Baldwin Gutierrez Pallone from ‘‘nay’’ to ‘‘yea.’’ Berkley Goodling McDonald Barcia Hansen Pascrell Berman Gordon Miller (FL) So, two-thirds not having voted in Barrett (WI) Hastings (FL) Payne Biggert Goss Miller, Gary favor thereof, the veto of the President Berry Hinchey Peterson (MN) Bilirakis Graham Minge was sustained and the bill was rejected. Bilbray Holt Phelps Bishop Granger Mollohan Blagojevich Hooley The result of the vote was announced Bliley Green (WI) Moore Rahall Bonior Hostettler Rivers as above recorded. Blumenauer Greenwood Moran (KS) Brown (FL) Hunter Blunt Gutknecht Moran (VA) Roemer The SPEAKER pro tempore (Mr. Brown (OH) Jackson (IL) Rothman Boehlert Hall (OH) Morella Burton Jackson-Lee LAHOOD). The message is referred to Boehner Hall (TX) Murtha Roybal-Allard Cannon (TX) Rush the Committee on Ways and Means. Bonilla Hastings (WA) Myrick Capuano Kaptur Sanders Bono Hayes Napolitano Castle Kildee The Clerk will notify the Senate of Saxton Borski Hayworth Neal Chabot Klink the action of the House. Schakowsky Boswell Hefley Nethercutt Chenoweth-Hage Kucinich Serrano f Boucher Herger Ney Conyers Lantos Shows Boyd Hill (IN) Northup Cook Lee b 1234 Brady (PA) Hill (MT) Norwood Costello Lewis (GA) Slaughter Brady (TX) Hilleary Nussle Cummings Lipinski Stark ANNOUNCEMENT BY THE SPEAKER Bryant Hilliard Ortiz Davis (IL) LoBiondo Strickland PRO TEMPORE Burr Hinojosa Ose DeFazio Luther Taylor (MS) Buyer Hobson Oxley DeGette Maloney (CT) Thurman The SPEAKER pro tempore (Mr. Callahan Hoeffel Packard Delahunt Maloney (NY) Tierney LAHOOD). Pursuant to clause 8 of rule Calvert Hoekstra Pastor Deutsch Markey Traficant XX, the Chair will now put the ques- Camp Holden Pease Doggett McCarthy (MO) Udall (CO) Campbell Horn Pelosi Duncan McGovern Udall (NM) tion on each motion to suspend the Canady Houghton Peterson (PA) Edwards McKinney Velazquez rules on which further proceedings Capps Hoyer Petri Ehlers Meehan Visclosky were postponed on Tuesday, September Cardin Hulshof Pickering Emerson Meek (FL) Waters Carson Hutchinson Pickett 12, 2000 in the order in which that mo- Evans Menendez Watt (NC) Chambliss Hyde Pitts Farr Miller, George Waxman tion was entertained. Clay Inslee Pombo Filner Mink Wexler Votes will be taken in the following Clayton Isakson Pomeroy Ford Moakley Woolsey order: Clement Istook Porter Clyburn Jefferson Portman ANSWERED ‘‘PRESENT’’—1 H.R. 4986, de novo; Coble Jenkins Price (NC) H.R. 4892, by the yeas and nays; Coburn John Pryce (OH) Paul and H. Con. Res. 327, by the yeas and Collins Johnson (CT) Quinn Combest Johnson, E. B. Radanovich NOT VOTING—8 nays. Condit Johnson, Sam Ramstad Engel Lazio Weygand The Chair will reduce to 5 minutes Cooksey Jones (NC) Rangel Eshoo Owens Wise the time for any electronic vote after Cox Jones (OH) Regula Gilchrest Vento Coyne Kanjorski Reyes the first such vote in this series. Cramer Kasich Reynolds f f Crane Kelly Riley Crowley Kennedy Rodriguez Cubin Kilpatrick Rogan FSC REPEAL AND EXTRA-TERRI- b 1253 TORIAL INCOME EXCLUSION ACT Cunningham Kind (WI) Rogers Danner King (NY) Rohrabacher OF 2000 Davis (FL) Kingston Ros-Lehtinen Messrs. CUMMINGS, BLAGOJEVICH, The SPEAKER pro tempore. The un- Davis (VA) Kleczka Roukema and CONYERS, Mrs. MEEK of Florida, Deal Knollenberg Royce finished business is the question of sus- Mr. BURTON of Indiana, Ms. JACK- DeLauro Kolbe Ryan (WI) SON-LEE of Texas, and Messrs. pending the rules and passing the bill, DeLay Kuykendall Ryun (KS) H.R. 4986, as amended. DeMint LaFalce Sabo SERRANO, PASCRELL, GILMAN, The Clerk read the title of the bill. Diaz-Balart LaHood Salmon WAXMAN, and BARCIA changed their Dickey Lampson Sanchez vote from ‘‘aye’’ to ‘‘no’’. The SPEAKER pro tempore. The Dicks Largent Sandlin question is on the motion offered by Dingell Larson Sanford Mrs. JONES of Ohio and Mr. the gentleman from Texas (Mr. AR- Dixon Latham Sawyer ENGLISH changed their vote from Dooley LaTourette Scarborough ‘‘no’’ to ‘‘aye.’’ CHER) that the House suspend the rules Doolittle Leach Schaffer and pass the bill, H.R. 4986, as amend- Doyle Levin Scott So (two-thirds having voted in favor ed. Dreier Lewis (CA) Sensenbrenner thereof) the rules were suspended and Dunn Lewis (KY) Sessions the bill, as amended, was passed. The question was taken. Ehrlich Linder Shadegg RECORDED VOTE English Lofgren Shaw The result of the vote was announced Mr. STARK. Mr. Speaker, I demand a Etheridge Lowey Shays as above recorded. Everett Lucas (KY) Sherman recorded vote. Ewing Lucas (OK) Sherwood A motion to reconsider was laid on A recorded vote was ordered. Fattah Manzullo Shimkus the table.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17812 CONGRESSIONAL RECORD—HOUSE September 13, 2000 ANNOUNCEMENT BY THE SPEAKER Hinchey McNulty Schaffer NOT VOTING—8 Hinojosa Meek (FL) Scott PRO TEMPORE Engel Hall (OH) Vento Hobson Menendez Sensenbrenner Eshoo Lazio Weygand The SPEAKER pro tempore (Mr. Hoeffel Metcalf Sessions Gilchrest Owens LAHOOD). Pursuant to clause 8 of rule Hoekstra Mica Shadegg XX, the Chair will reduce to 5 minutes Holden Millender- Shaw b 1305 Holt McDonald Shays the minimum time for electronic vot- Hooley Miller (FL) Sherwood Mr. SERRANO changed his vote from ing on each additional motion to sus- Horn Miller, Gary Shimkus ‘‘yea’’ to ‘‘present’’. pend the rules on which the Chair has Hostettler Minge Shows Mr. DEUTSCH changed his vote from postponed further consideration. Houghton Mink Shuster Hoyer Mollohan Simpson ‘‘nay’’ to ‘‘yea’’. Messrs. WEXLER, ACKERMAN, f Hulshof Moore Sisisky Hunter Moran (KS) Skeen HASTINGS of Florida and DAVIS of Il- Hutchinson Murtha Skelton SCOUTING FOR ALL ACT linois changed their vote from Hyde Myrick Slaughter ‘‘present’’ to ‘‘yea’’. The SPEAKER pro tempore. The un- Inslee Napolitano Smith (MI) Isakson Nethercutt Smith (NJ) So (two-thirds not having voted in finished business is the question of sus- Istook Ney Smith (TX) favor thereof) the motion was rejected. pending the rules and passing the bill, Jefferson Northup Smith (WA) The result of the vote was announced H.R. 4892. Jenkins Norwood Snyder as above recorded. The Clerk read the title of the bill. John Nussle Souder Stated against: The SPEAKER pro tempore. The Johnson (CT) Oberstar Spence Johnson, Sam Obey Spratt Mr. GREENWOOD. Mr. Speaker, on rollcall question is on the motion offered by Jones (NC) Ortiz Stabenow No. 468 I inadvertently pressed the ‘‘yea’’ but- the gentleman from Arkansas (Mr. Jones (OH) Ose Stearns ton. I meant to vote ‘‘nay.’’ HUTCHINSON) that the House suspend Kanjorski Oxley Stenholm the rules and pass the bill, H.R. 4892, on Kaptur Packard Strickland f Kasich Pallone Stump which the yeas and nays are ordered. Kelly Pascrell Stupak HONORING THE SERVICE AND SAC- This is a 5-minute vote. Kildee Paul Sununu RIFICE OF THE UNITED STATES The vote was taken by electronic de- Kilpatrick Payne Sweeney MERCHANT MARINE vice, and there were—yeas 12, nays 362, Kind (WI) Pease Talent answered ‘‘present’’ 51, not voting 8, as King (NY) Peterson (MN) Tancredo The SPEAKER pro tempore (Mr. Kingston Peterson (PA) Tanner follows: LAHOOD). The unfinished business is Kleczka Petri Tauscher the question of suspending the rules [Roll No. 468] Klink Phelps Tauzin and agreeing to the concurrent resolu- YEAS—12 Knollenberg Pickering Taylor (MS) Kolbe Pickett Taylor (NC) tion, H. Con. Res. 327. Ackerman Hastings (FL) Roybal-Allard Kucinich Pitts Terry The Clerk read the title of the con- Davis (IL) Kennedy Stark Kuykendall Pombo Thomas current resolution. Deutsch Lee Wexler LaFalce Pomeroy Thompson (MS) Greenwood McKinney Woolsey LaHood Porter Thornberry The SPEAKER pro tempore. The NAYS—362 Lampson Portman Thune question is on the motion offered by Largent Price (NC) Thurman the gentleman from California (Mr. Abercrombie Calvert Edwards Larson Pryce (OH) Tiahrt KUYKENDALL) that the House suspend Aderholt Camp Ehlers Latham Quinn Toomey Allen Campbell Ehrlich LaTourette Radanovich Towns the rules and agree to the concurrent Andrews Canady Emerson Leach Rahall Traficant resolution, H. Con. Res. 327, on which Archer Cannon English Levin Ramstad Turner Armey Capps Etheridge the yeas and nays are ordered. Lewis (CA) Regula Udall (CO) Baca Cardin Evans This is a 5-minute vote. Lewis (GA) Reyes Udall (NM) Bachus Castle Everett Lewis (KY) Reynolds Upton The vote was taken by electronic de- Baird Chabot Ewing vice, and there were—yeas 418, nays 0, Baker Chambliss Fattah Linder Riley Visclosky Baldacci Chenoweth-Hage Filner Lipinski Rodriguez Vitter not voting 15, as follows: Ballenger Clayton Fletcher LoBiondo Roemer Walden [Roll No. 469] Barcia Clement Foley Lucas (KY) Rogan Walsh Barr Clyburn Forbes Lucas (OK) Rogers Wamp YEAS—418 Barrett (NE) Coble Ford Luther Rohrabacher Watkins Abercrombie Boehner Collins Bartlett Coburn Fossella Maloney (CT) Ros-Lehtinen Watt (NC) Ackerman Bonilla Combest Barton Collins Fowler Manzullo Rothman Watts (OK) Aderholt Bonior Condit Bass Combest Franks (NJ) Martinez Roukema Weldon (FL) Allen Bono Conyers Bentsen Condit Frelinghuysen Mascara Royce Weldon (PA) Andrews Borski Cook Bereuter Cook Frost McCarthy (MO) Ryan (WI) Weller Archer Boswell Cooksey Berkley Cooksey Gallegly McCarthy (NY) Ryun (KS) Whitfield Armey Boucher Costello Berman Costello Ganske McCollum Salmon Wicker Baca Boyd Cox Berry Cox Gejdenson McCrery Sanders Wilson Bachus Brady (PA) Coyne Biggert Coyne Gekas McHugh Sandlin Wise Baird Brady (TX) Cramer Bilbray Cramer Gephardt McInnis Sanford Wolf Baker Brown (FL) Crane Bilirakis Crane Gibbons McIntosh Sawyer Wynn Baldacci Brown (OH) Crowley Bishop Crowley Gillmor McIntyre Saxton Young (AK) Baldwin Bryant Cubin Blagojevich Cubin Gilman McKeon Scarborough Young (FL) Ballenger Burr Cummings Bliley Cummings Gonzalez Barcia Burton Cunningham Blumenauer Cunningham Goode ANSWERED ‘‘PRESENT’’—51 Barr Buyer Danner Blunt Danner Goodlatte Barrett (NE) Callahan Davis (FL) Boehlert Davis (FL) Goodling Baldwin Lantos Pelosi Barrett (WI) Calvert Davis (IL) Boehner Davis (VA) Gordon Barrett (WI) Lofgren Rangel Bartlett Camp Davis (VA) Bonilla Deal Goss Becerra Lowey Rivers Barton Campbell Deal Bonior DeFazio Graham Capuano Maloney (NY) Rush Bass Canady DeFazio Bono DeLauro Granger Carson Markey Sabo Becerra Cannon DeGette Borski DeLay Green (TX) Clay Matsui Sanchez Bentsen Capps Delahunt Boswell DeMint Green (WI) Conyers McDermott Schakowsky Bereuter Capuano DeLauro Boucher Diaz-Balart Gutknecht DeGette McGovern Serrano Berkley Cardin DeLay Boyd Dickey Hall (TX) Delahunt Meehan Berman Carson DeMint Sherman Brady (PA) Dicks Hansen Dixon Meeks (NY) Berry Castle Deutsch Thompson (CA) Brady (TX) Dingell Hastings (WA) Farr Miller, George Biggert Chabot Diaz-Balart Tierney Brown (FL) Doggett Hayes Frank (MA) Moakley Bilirakis Chambliss Dickey Brown (OH) Dooley Hayworth Gutierrez Moran (VA) Velazquez Bishop Chenoweth-Hage Dicks Bryant Doolittle Hefley Hilliard Morella Waters Blagojevich Clay Dingell Burr Doyle Herger Jackson (IL) Nadler Waxman Bliley Clayton Dixon Burton Dreier Hill (IN) Jackson-Lee Neal Weiner Blumenauer Clement Doggett Buyer Duncan Hill (MT) (TX) Olver Wu Blunt Clyburn Dooley Callahan Dunn Hilleary Johnson, E. B. Pastor Boehlert Coble Doyle

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17813 Dreier King (NY) Pickering Udall (NM) Watt (NC) Wicker The Chair recognizes the gentleman Duncan Kingston Pickett Upton Watts (OK) Wilson Dunn Kleczka Pitts Velazquez Waxman Wise from South Carolina (Mr. GRAHAM). Edwards Klink Pombo Visclosky Weiner Wolf Mr. GRAHAM. Mr. Speaker, I yield Ehlers Knollenberg Pomeroy Vitter Weldon (FL) Woolsey myself such time as I may consume. Ehrlich Kolbe Porter Walden Weldon (PA) Wu Mr. Speaker, the topic that we are Emerson Kucinich Portman Walsh Weller Wynn English Kuykendall Price (NC) Wamp Wexler Young (AK) addressing today in the motion to in- Etheridge LaFalce Pryce (OH) Watkins Whitfield Young (FL) struct conferees on the DOD bill in- Evans LaHood Quinn NOT VOTING—15 volves an effort made by Senator KEN- Everett Lampson Radanovich NEDY in the Senate to attach Federal Ewing Lantos Rahall Bilbray Gilchrest Rush Farr Largent Ramstad Coburn Hutchinson Smith (MI) hate crimes legislation to a bill in the Fattah Larson Rangel Doolittle Lazio Vento Senate. This issue is now before the Filner Latham Regula Engel Neal Waters House. It is before America. Fletcher LaTourette Reyes Eshoo Owens Weygand Foley Leach Reynolds To Senator KENNEDY’s credit and to Forbes Lee Riley b 1313 the gentleman from Massachusetts Ford Levin Rivers So (two-thirds having voted in favor (Mr. FRANK), I would think it is fair, I Fossella Lewis (CA) Rodriguez hope he does not take offense, Senator Fowler Lewis (GA) Roemer thereof) the rules were suspended and Frank (MA) Lewis (KY) Rogan the concurrent resolution was agreed KENNEDY is one of the last liberal lions. Franks (NJ) Linder Rogers to. He has roared loudly and he has fought Frelinghuysen Lipinski Rohrabacher for his position and he was successful Frost LoBiondo Ros-Lehtinen The result of the vote was announced Gallegly Lofgren Rothman as above recorded. in the Senate. Ganske Lowey Roukema A motion to reconsider was laid on As to my motion to instruct con- Gejdenson Lucas (KY) Roybal-Allard the table. ferees on this matter, I hope people Gekas Lucas (OK) Royce who agree with my position will also Gephardt Luther Ryan (WI) f Gibbons Maloney (CT) Ryun (KS) raise their voice loudly because it is an Gillmor Maloney (NY) Sabo EXPLANATION REGARDING ROLE honest debate long overdue about ex- Gilman Manzullo Salmon IN BOY SCOUTS OF AMERICA actly what we need to be doing in Gonzalez Markey Sanchez Goode Martinez Sanders (Mr. PEASE asked and was given per- America when it comes time to punish Goodlatte Mascara Sandlin mission to address the House for 1 people and what role the Federal Gov- Goodling Matsui Sanford minute.) ernment has. Gordon McCarthy (MO) Sawyer Mr. PEASE. Mr. Speaker, since 1993, There has been a huge departure in Goss McCarthy (NY) Saxton Graham McCollum Scarborough I have served as a member of the Advi- the law of the land to the Kennedy Granger McCrery Schaffer sory Council of the National Council of amendment. Federal jurisdiction is Green (TX) McDermott Schakowsky the Boy Scouts of America. In this role now available through the Attorney Green (WI) McGovern Scott General of the United States in almost Greenwood McHugh Sensenbrenner I am a volunteer advisor to the Boy Gutierrez McInnis Serrano Scouts and its national governing orga- every act of criminal violence that Gutknecht McIntosh Sessions nization. may exist in the country if in the mind Hall (OH) McIntyre Shadegg of the perpetrator and the status of the Hall (TX) McKeon Shaw b 1315 Hansen McKinney Shays victim certain people are involved. Hastings (FL) McNulty Sherman I receive no compensation for my I hope we will reject this way of Hastings (WA) Meehan Sherwood service in this role, and am not reim- thinking. I hope we will, as a Nation, Hayes Meek (FL) Shimkus bursed for expenses incurred in ful- prosecute vigorously those who with Hayworth Meeks (NY) Shows filling the duties of the position. Hefley Menendez Shuster intent, malice aforethought, through Herger Metcalf Simpson f the violation of existing State law, Hill (IN) Mica Sisisky hurt human beings in general and that Hill (MT) Millender- Skeen MOTION TO INSTRUCT CONFEREES Hilleary McDonald Skelton ON, H.R. 4205, FLOYD D. SPENCE there is no need, objectively speaking, Hilliard Miller (FL) Slaughter NATIONAL DEFENSE AUTHORIZA- politically speaking, to have a Federal Hinchey Miller, Gary Smith (NJ) TION ACT FOR FISCAL YEAR 2001 crime that only applies based on the Hinojosa Miller, George Smith (TX) hate of the perpetrator and the status Hobson Minge Smith (WA) Mr. GRAHAM. Mr. Speaker, pursuant of the victim. Hoeffel Mink Snyder to clause 7 of rule XX, I offer a motion Hoekstra Moakley Souder This legislation has a four-part test Holden Mollohan Spence to instruct conferees. that would allow the Attorney General Holt Moore Spratt The SPEAKER pro tempore (Mr. to invoke a Federal statute that does Hooley Moran (KS) Stabenow LAHOOD). The Clerk will report the mo- not exist today, and the last prong is Horn Moran (VA) Stark tion. Hostettler Morella Stearns the Federal interest and hate crime The Clerk read as follows: Houghton Murtha Stenholm eradication is insufficiently served by Hoyer Myrick Strickland Mr. GRAHAM moves to instruct conferees a State prosecution. That is all encom- Hulshof Nadler Stump on the part of the House that the conferees Hunter Napolitano Stupak on the part of the House on the disagreeing passing. That means whatever the At- Hyde Nethercutt Sununu votes of the two Houses on the bill, H.R. 4205, torney General wants it to mean. Inslee Ney Sweeney I stand before the House and the Isakson Northup Talent be instructed not to agree to provisions Istook Norwood Tancredo which— country saying that we in America Jackson (IL) Nussle Tanner (1) fail to recognize that the fourteenth have laws at the State level that apply Jackson-Lee Oberstar Tauscher amendment to the Constitution guarantees to everyone. I do not know of any law (TX) Obey Tauzin all persons equal protection under the law; Jefferson Olver Taylor (MS) in this country by any State or any ju- and risdiction that says we can hurt cer- Jenkins Ortiz Taylor (NC) (2) deny equal protection under the law by John Ose Terry conditioning prosecution of certain offenses tain people because of their race, reli- Johnson (CT) Oxley Thomas gion, or sexual orientation. That is not Johnson, E. B. Packard Thompson (CA) on the race, color, religion, national origin, Johnson, Sam Pallone Thompson (MS) gender, sexual orientation, or disability of a defense. That is not a problem that Jones (NC) Pascrell Thornberry the victim; and we are having to deal with in this Jones (OH) Pastor Thune (3) preclude a person convicted of murder country. Kanjorski Paul Thurman from being sentenced to death. Kaptur Payne Tiahrt This is an effort, I believe, to give Kasich Pease Tierney The SPEAKER pro tempore. Under Federal jurisdiction to expand the role Kelly Pelosi Toomey the rule, the gentleman from South of the Federal Government in a way Kennedy Peterson (MN) Towns Carolina (Mr. GRAHAM) and the gen- that will ultimately divide Americans. Kildee Peterson (PA) Traficant Kilpatrick Petri Turner tleman from Michigan (Mr. CONYERS) The Columbine High School case is a Kind (WI) Phelps Udall (CO) each will be recognized for 30 minutes. case in point. Two obviously hateful,

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17814 CONGRESSIONAL RECORD—HOUSE September 13, 2000 disturbed young men took it upon doing business. The Federal Govern- based on their conduct and that their themselves to do tremendous violence ment, by legal right, would have the sexual orientation, their religious and damage and murder. Their motives ability to take that case over from the background, or their race is not going vary. They killed some people because State courts, engage in the prosecu- to create one statute for them and they were jocks. They killed other peo- tion, spend the money, the time, and leave everybody else behind. That does ple because they did not like them per- the effort, and the result would be in not make a better America, and that sonally. They killed some people be- the Federal system that the two people does not address the problems of cause of their race. They were twisted facing Death Row punishment in Texas crimes. minds. They brought a lot of pain and could not be sentenced to death under Because the hate crime legislation heartache and suffering to many fami- the Federal legislation. It changes the that Senator KENNEDY proposed, the lies. death penalty component of every mur- real area where the cases would be had My motion to instruct says simply der statute in this country. is in the simple assault area, areas this, prosecute people not for their mo- I want the Members to understand where people get in all kinds of con- tives but for their actions. what they are voting on. flicts and, under the theory of the stat- Motives are important. They have to Let us talk about the politics for a ute, they could remove it. I would intend to kill. If they tie someone to moment. There are many people really argue there is no need to do that. the back of a truck in Texas and they worried about this vote. If I do not cre- The real danger here is that we are drag them to their death, I do not care ate a new Federal statute that would empowering the Federal Government why they did it, if they intended to do give the Attorney General the right to to remove a case, whether it be the it, they deserve the fullest and swiftest take over any case in the land when Columbine case or whether it be the punishment available. certain conditions are met based on the Texas case with the gentleman behind The Kennedy amendment allows the attitude and the motivation of the per- the truck who was dragged to a violent Federal Government to pick and petrator, maybe people will think that death, and prosecute that case in a choose based on the status of the vic- I am a racist, that I am homophobic, manner that would do great harm to tim. In that case, an African American that I have religious prejudice. Because serving ultimate justice within the ju- was dragged to his death because the that is the political dynamic going on risdiction where it happened. people involved had hate in their heart. here. Mr. Speaker, I hope that we will re- In the State of Texas, one is serving The question we need to ask as a ject the political movement, the polit- life and two of those folks involved are Member of Congress is, do we trust our ical cause of the day, and stand behind facing the death penalty. That to me is States to deal with situations where a simple concept that the Federal Gov- justice. And that can happen and has people are assaulted in general and spe- ernment has a proper but limited role and that, when individual citizens happened all over this country. cifically where race, religion, or sexual choose to hurt their neighbors, hurt Using the model that Senator KEN- orientation is involved. other citizens within their State, that NEDY has put forward, eight murders If we do, we do not need this legisla- would fall in the classification of hate tion. The question we need to ask our- the State has a chance to do swift and certain justice and that we not pass a crimes, nine of the thousand rapes. I selves is, is there a legitimate reason Federal law that takes the death pen- would argue to the Members of this other than the political dynamic being alty in practicality off the table. This House that every rape is a hate crime. created for us to give the Federal Gov- is not going to make America a better Before I came to this body, I was a ernment power unknown in the history place. prosecutor in the civilian world in the of our country to reach out and grab a Mr. Speaker, I reserve the balance of Air Force; and I will assure my col- case that could be prosecuted in the my time. leagues that every woman that has State court. I would argue not. Mr. CONYERS. Mr. Speaker, I yield been violated and is forcibly raped, the I would argue that what we need to myself such time as I may consume. man involved hated that woman, and I do in this country is make sure that Mr. Speaker, I am happy to join my do not care to know any more other those people who hurt human beings, distinguished colleague from the Com- than, without their consent, they did a regardless of the motivation, receive mittee on the Judiciary on this matter. great violence to their body. the fullest punishment under the law, He has three positions with which he In the Texas case, here is what could the full extent of punishment avail- asks that we be instructed not to happen if this law that Senator KEN- able. agree. One and three are false, and two NEDY has proposed goes forward and if The Kennedy proposal takes off the I disagree with. we agree to it today. There is an ele- table the death penalty, and the chance First of all, it is not accurate to say ment of the Kennedy Federal legisla- of having two prosecutions is very re- in our bill that we preclude a person tion that is very curious and poten- mote because the Federal Government convicted of murder from being sen- tially very damaging. We are creating will go first and the only way the death tenced to death. While we do not have two statutes to deal with the same penalty can be applied is to do a sepa- a death penalty, some States do. And event. The Federal Government, under rate prosecution in State court. And if so, wherever the State law applies, this legislation, because we are the they have the desire and the willing- there would be a death penalty. Federal Government, would have the ness to do that to begin with, there is In our bill, we do not have one. And ability to prosecute the case first if it no need to remove it. so, I do not see where that is very im- reached out and grabbed the case. So I would argue very strongly to the portant. Let us use the case in Texas for in- Members of the House that this pro- He questions whether or not the stance. Under the legislation proposed posal does not address real problems in Fourteenth Amendment, by guaran- by Senator KENNEDY and this House America that exist today, it is creating teeing all persons equal protection will be instructing conferees on, the a whole new set of problems that this under the law, is a safeguard against death penalty is not authorized. That country cannot stand. the hate crimes bill. And that has no is a huge point. The basis of the Ken- We are thinking of a million reasons accuracy whatsoever. nedy legislation deals with events that to divide ourselves. We focus on our And so, I am a little baffled by the really are not real in substance. There differences in this House in a political motion to instruct because he seems to are no mass ignoring bodily injure fashion that maybe goes overboard. suggest that the bipartisan legislation cases based on people’s sexual orienta- But America needs to come together on that the Senate has passed somehow tion, race, gender, or religious back- the idea that we do not care why they violates the equal protection of the ground. That is not a problem in this engage in violence, we are going to laws and affects the Federal Govern- country. And that is good news. punish them if they do. And every ment’s administration of the death But here would be the problem if we American should feel good about the penalty. We do not appear to be dis- adopted Senator KENNEDY’s way of idea that they are going to be judged cussing the same bill.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17815 The Graham motion would instruct disagree with, and the third is not ac- Mr. GRAHAM. Reclaiming my time, the conferees to reject provisions that curate, then we should move quickly the existing statute that deals with fail to account for the fact that the on to a motion to instruct the con- Federal prosecution of events like Constitution guarantees all persons ferees on hate crimes that I have that going to serve on a jury or going to equal protection under the law. His will come up shortly. vote is one thing where there is a clear motion is beside the point because his Mr. Speaker, I reserve the balance of Federal nexus. What this body needs to statement is, apparently, designed to my time. know that what has happened in the create constitutional doubt where none Mr. GRAHAM. Mr. Speaker, I yield Senate is that the Federal nexus is exists. myself such time as I may consume. nonexistent. It is every event in Amer- The Congress’ authority to create Mr. Speaker, I would like to answer ica now is subject to the Attorney Gen- new penalties for violent crimes in- some of the questions asked. The an- eral certifying under prong four that volving bodily injury if motivated be- swer is, no, I am not asking that this this is somehow a hate crime and the cause of race, color, religion, national body or any body vote to repeal laws Federal Government preempts. origin, gender, sexual orientation, or that make it unlawful to discriminate I am not asking that the statutes even disability, does not depend on the based on race, religion, the 14th amend- that exist be repealed that protect equal protection clause of the Four- ment in general. What I am asking this Americans at the Federal level from teenth Amendment. body to do is not to create a Federal participating in guaranteed constitu- law that does that. tional activities. I am saying that this 1330 b Here is the effect of it: if somebody allows the Federal Government, What it rests on is the undisputed au- kills me, that would bother my family. through prong four and through the thority of the 13th amendment and on I do not know if it would bother a lot whole intent of the legislation, to take the commerce clause itself. So my of other people, but it would bother my any event, anywhere, any time, and friend, the gentleman from South Caro- family. Somebody kills the gentleman make it a Federal case and the death lina (Mr. GRAHAM), I guess is saying from Michigan (Mr. CONYERS) and we penalty is taken off the table. That is that by prohibiting hate crimes against let the motive of that person decide not good for this country. individuals who have suffered historic what to do, my family is out. That is One, people are divided. I do not get discrimination on the basis of race and the effect of this statute. The victims the benefit of the statute in certain sit- color or national origin or gender or and the attitude of the perpetrator de- uations; some other person might. We sexual orientation or disability, that cide whether or not the Federal law ap- are equally harmed. The State has the we are violating the constitutional plies. ability to take care of this. rights of everyone else. Could that be Let me say what is going to happen If it is taken from the State and they what he is saying? throughout America if we pass this leg- are expected to prosecute the person Well, if it is true, then I have to raise islation as drafted. Criminal defense for the death penalty later on, there a question of whether he thinks that attorneys, pretty smart guys, pretty was no need to take it from the State any statute that prohibits discrimina- smart ladies, I have been one, I do not to begin with. tion and violence on the basis of these know if I was smart enough, but if I Mr. NADLER. Mr. Speaker, will the categories also violate the 14th amend- have somebody come in to my office gentleman yield? Mr. GRAHAM. I yield to the gen- ment. Should they be repealed? Should and this statute exists that allows the we repeal the existing Federal criminal tleman from New York. Federal Government to engage in pros- Mr. NADLER. I would say to the gen- hate crimes law already on the books ecution first, and I would argue exclu- tleman from South Carolina (Mr. since 1968, which prohibits the inten- sively because the effect of doing it GRAHAM), the current statute is a hate tional interference, with the enjoy- twice is lost, that there is going to be crimes statute with respect to race, ment of Federal rights and benefits on a rise in hate crimes because the de- color, creed, national origin. That is the basis of, again, the victim’s race, fendant is going to find the Federal the statute. The amendment would be religion, national origin, or color? niche that allows the case to go into sexual orientation, gender, disability. Should we repeal the Church Arson Act the Federal system where there is no Mr. GRAHAM. Reclaiming my time, which prohibits the intentional de- death penalty. That is what is going to the statute has a mechanism to create struction of religious property because happen here. Federal jurisdiction, the current stat- of race, color, or ethnic characteristics We are going to have people through- ute, that requires a Federal nexus. of individuals who worship there? out the land manufacturing motives The amendment has a four prong test One cannot avoid race. These are the that give the benefit of a Federal stat- and the final prong of that test is that problems. One cannot avoid disability. ute that prohibits the death penalty Federal interest in hate crime eradi- One cannot avoid sexual orientation. because in the State where they live cation, according to the Attorney Gen- Does the gentleman want to repeal the they could get the death penalty, and eral, is insufficiently served by a State Civil Rights Act of 1964, which pro- the chance of prosecuting these cases prosecution, which means there really hibits employment in public accom- twice are almost zero from a practical is nothing more than the opinion of the modations based on discrimination of point of view. Attorney General determining whether race, color, religion, as usual? Do we Mr. NADLER. Mr. Speaker, will the or not there is State or Federal juris- want to repeal the Age Discrimination gentleman yield? diction. Employment Act of 1967? What about Mr. GRAHAM. I yield to the gen- This is the expansion that I am talk- the Fair Housing Act of 1968, which tleman from New York. ing about, not that people are pros- prohibits housing discrimination on Mr. NADLER. Mr. Speaker, I would ecuted based on the motive; that it is the basis, again, of the usual factors? say to the gentleman from South Caro- being expanded to an area where there Does he want to repeal the Americans lina (Mr. GRAHAM), he just said that if is no Federal nexus required and this with Disabilities Act of 1990? We just we passed hate crimes legislation, de- would allow the Federal Government, celebrated it for a decade of progress, fendants would opt for the Federal based on this four prong test, to take which prohibits discrimination on the statute and so forth; but what the bill any case and every case. basis of disability; and the rest. It goes before the Senate that we are talking Mr. Speaker, I reserve the balance of on and on and on. about, before the conference com- my time. So if this is a new historic challenge mittee, I suppose, does is expand exist- Mr. CONYERS. Mr. Speaker, I yield to raise a constitutional point that has ing hate crimes legislation that has such time as he may consume to the never been thought of before, this is a been on the books for 32 years three distinguished gentleman from Massa- great time to have that debate. If it new categories: sexual orientation, chusetts (Mr. FRANK). turns out that the first instruction, gender, disability. It is already on the Mr. FRANK of Massachusetts. I part one, is not accurate, the second we books. Has it had that effect? begin, Mr. Speaker, by congratulating

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17816 CONGRESSIONAL RECORD—HOUSE September 13, 2000 my friend, the gentleman from South if a racial minority attacks someone federalized; in the abortion area, the Carolina (Mr. GRAHAM), from who is white for these hate crime rea- late-term abortion bill. States had the untrapping himself. He had originally sons, that is protected. So it is not giv- same powers as the Federal Govern- filed two potential instructions. At ing one set of groups protection ment, whether there is or is not a con- some point, he must have figured out, against another. stitutional problem. It was a Nebraska with or without help, that they contra- It is saying, equally, anyone who is statute that went to the Supreme dicted each other. So he dropped the attacked because someone objects to Court. one. his or her membership in a group that We also passed a Federal statute. The Mr. GRAHAM. They did. is defined by race, color, religion, na- House Committee on the Judiciary and Mr. FRANK of Massachusetts. Well, tional origin, that is the majority, the the Congress, for the past 6 years, has the gentleman acknowledges without minority of religions, there is no one federalized a number of crimes without my yielding to him, but I am a gen- majority so it is any group, they are any particular Federal nexus. Indeed, erous kind of guy so I will acknowledge all protected. Christians are protected, the Supreme Court struck down some his acknowledgment. Jews are protected, Hindus are pro- of these because they said there was The gentleman acknowledges that he tected, atheists are protected, if the not enough of a Federal nexus, but our filed two instructions yesterday, on the motive is based on their religion. committee has gone forward with oth- spur of the moment, which contra- Now we have had laws like this on ers. dicted each other, and then he prayed the books for a very long time. We So there has never previously been over it overnight and figured out that begin with the Civil Rights Act in the an objection to saying that we are they contradicted each other. We were 1860s right after the Civil War. We had going to punish someone in some cases not told until shortly before we began House-passed lynch laws, which Repub- if they have committed bad acts which one he was going to do. So ap- licans used to be for, which dealt with against people, not thoughts but if one parently the gentleman first figured this. We have on the books some hate has committed bad acts against other out they contradicted each other and crimes statutes. We have in some anti- people because of their membership in then decided which one. discrimination statutes, I believe, a group, that was not until recently Mr. GRAHAM. Mr. Speaker, will the some criminal provisions. controversial. In fact, as I said, in the gentleman yield? There was some anti-discrimination gentleman’s first instruction it was not Mr. FRANK of Massachusetts. I yield statutes which if they are violated bla- controversial at 6:00 last night. That to the gentleman from South Carolina. tantly one can have criminal provi- one got a bad reputation very quickly. Mr. GRAHAM. Mr. Speaker, the two sions. According to this resolution, all It is when sexual orientation entered motions to instruct were filed last of those would be wrong because there into it that all of these objections night. I have always intended to do the are a series of statutes on the book came up. one I am talking about now. I had a that trigger prosecution based on the Now there is a red herring here and colleague ask that they preserve the race, color, religion, et cetera, of the that is the death penalty issue. The right to approach it from a different victim. fact is that, as the gentleman has ac- angle. That is up to them, but that is Now, why did this all of a sudden be- knowledged, if some Attorney General why I did it. come controversial? Why did the Civil preempted a murder case under the Mr. FRANK of Massachusetts. Well, Rights Act of 1868 and the Church hate crimes statute, it would still be the gentleman from South Carolina Arson Act that my colleague from prosecutable by the State. He says that (Mr. GRAHAM) filed them both so appar- Michigan mentioned and others, why is unlikely. What is even less likely is ently he tells us now that he filed one did they suddenly become controver- that the Attorney General, absent any knowing that it contradicted the other. sial? I guess I ought to apologize. It is real showing of a hate motive, would I will say this, and let me point out because of us. By us, I refer to those of reach down and take it up. that the contradiction is not simply a us who are gay or lesbian or bisexual. It does say the Attorney General can minor thing. The one he filed and de- This whole notion of prosecuting peo- do these in cases where the Federal in- cided not to offer deals with hate ple who singled out vulnerable minori- terest in prosecuting was not being crimes of the sort that the second one ties or who, as a member of a minority vindicated. says are unconstitutional. So the gen- acted against the majority based on b 1345 tleman filed two instructions. One he this, the Church Arson Act, the anti- Mr. Speaker, the notion that a State was reserving the right to instruct the lynch laws, et cetera, it was never all prosecutor was about to bring a capital House to do something which he has that controversial and then people said charge against someone and threaten now decided is unconstitutional. That among the people who are often as- that person with a death penalty and is a reversal. I have seen the Supreme saulted because of their identity are the Attorney General would say, wait a Court reverse itself on constitutional gay and lesbian and bisexual, particu- minute, you are not vindicating the issues, but it usually takes them more larly transgender people who have been Federal interests, it is nonexistent. than 12 hours. the victims of a lot of violence, and all That is not really an argument that I Now, it is not simply the gentleman’s of a sudden it became controversial. think is a major part of this. first instruction that would be repudi- That is why the gentleman first had an Mr. Speaker, I think what we have ated here. What it says, and this is par- instruction and it is one that many in here is this resistance on the part of ticularly relevant to section 2, he says the other body on the Republican side some people on the other side to any- here that it is a denial of equal protec- were in favor of; it was one that said thing that deals with sexual orienta- tion under the law if prosecution of we will do hate crimes, but we will tion. certain offenses is conditioned on the stick with good old-fashioned cat- We just voted on something with the race, color, religion, national origin, egories like race and religion; but let Boy Scouts. I regretted that that came gender, sexual orientation, or dis- us not get into sexual orientation. So up. I thought that bill should not be ability of the victim. some inconsistencies have arisen be- filed. I thought it should not be First, let us be very clear. This does cause of sexual orientation. brought up. I think the Boy Scouts do not say if one is black they are pro- Now among the inconsistencies is the a lot of good work. I regret the fact tected and if one is white they are not; notion that my friends on the other that they discriminate. I do not think if one is gay they are protected and if side are opposed to federalizing State the appropriate way to try to deal with one is straight they are not; if one is crimes. I mean, they should write for it was the way here. disabled they are protected and if one some situation comedies with that Mr. GRAHAM. Mr. Speaker, will the is able-bodied they are not. What it kind of material. The House Com- gentleman yield? says is that if someone goes after mittee on the Judiciary has consist- Mr. FRANK of Massachusetts. I yield someone else on any of those grounds, ently federalized crimes. Carjacking we to the gentleman from South Carolina.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17817 Mr. GRAHAM. Mr. Speaker, does the finds that there is this pattern of non- us help local people with the prosecu- gentleman from Massachusetts believe enforcement. tion, let us help State prosecutors; but there is a problem throughout the Mr. GRAHAM. Mr. Speaker, will the for him to argue that it is unthinkable country that people based on the sex- gentleman yield? that anywhere in the country members ual orientation and who are hurt in a Mr. FRANK of Massachusetts. I yield of a particular insular group might be violent confrontation that people are to the gentleman from South Carolina. the victims, people of an unpopular re- letting the prosecution go because of Mr. GRAHAM. The gentleman talks ligion, transgendered people, people of the sexual orientation? about, not me directly, but what we a particular race, and they might be of Mr. FRANK of Massachusetts. Re- are trying to do. I challenge the gen- the majority race in some parts, but claiming my time, Mr. Speaker, not tleman to prove to anybody in this the minority race in other parts. throughout the country, but in some body that I, as a person, former pros- The notion that American history places in the country, in fact, I believe, ecutor, would give the gentleman a yields us no pattern ever of local law just as there was strong support for pass if the victim was homosexual and enforcement people withholding equal lynch laws. the perpetrator just did not like, and I treatment because of prejudice is very Mr. GRAHAM. How many cases? will only use the terms that came up in puzzling to me. We have not heard it Mr. FRANK of Massachusetts. When I the Air Force case, the faggot that before. yield to the gentleman that means the lived down the hall. That guy got the Church arson, is there some pattern? gentleman asks the question and I get full effect of the law. Maybe the gentleman wants to repeal I say to the gentleman from Massa- to answer. Okay. I will yield again in a the Church Arson Act, but the Church chusetts (Mr. FRANK), I do not believe minute. Arson Act does talk about going in that America is such today that the Mr. GRAHAM. Yes, sir. there in these circumstances, and I did State court systems need to have the Mr. FRANK of Massachusetts. I want not previously hear these arguments. Attorney General under this legisla- to finish the answer. We had a hearing Mr. GRAHAM. Mr. Speaker, will the tion because of any reason they so before the Committee on the Judiciary gentleman yield? choose to be able to take that case last year and several people came for- Mr. FRANK of Massachusetts. I yield ward, including one particular case in away. Mr. FRANK of Massachusetts. Re- to the gentleman from South Carolina. Oklahoma where people were beaten claiming my time, let me respond, I am Mr. GRAHAM. By definition, every and were not given any prosectorial de- going to respond, first of all, the gen- statute that the gentleman talked fense. tleman asked me to prove that the gen- about has a clear Federal nexus; the Mr. GRAHAM. Would the gentleman tleman is biased? existing hate crimes statute has a Fed- yield? Mr. GRAHAM. No. I am asking the eral nexus. Mr. FRANK of Massachusetts. Not gentleman to tell me how many cases Mr. FRANK of Massachusetts. What until I finish. I urge the gentleman to are we talking about the gentleman about church arson? What is the Fed- have a little patience. He has asked the mentioned. Is it 100? Is it 200? Where eral nexus in the Church Arson Act? question; it is a little complicated. The are they? What is the Federal nexus in church answer will take awhile. Mr. FRANK of Massachusetts. I do arson? There is not any. I thank the There was a situation in Pennsyl- not have the exact number, but I will gentleman for his shrug. What is the vania, where a particular bar was the respond to the gentleman’s assertion. Federal nexus for church arson? subject of a great deal of violence, and He says he cannot believe, apparently, Mr. GRAHAM. Is there none? I believe there was initially an insuffi- that anywhere in this country there Mr. FRANK of Massachusetts. I cient response. would be bias on the part of local law asked the gentleman a question. The point is that this legislation is enforcement that would lead to un- Mr. GRAHAM. Honestly, I do not written to take into account the fact equal prosecution. know. that most crimes of violence are, in I wish we lived in that country. I be- Mr. FRANK of Massachusetts. I did fact, prosecuted at the State and local lieve most law enforcement people do not yield to the gentleman. I am being level. Part of what it does is to offer the right thing. I gave them two spe- asked to give back the time. I yielded aid to people at the State level and cific cases, one in Oklahoma, where to the gentleman to ask him a ques- that, by the way, we have had people, people were beaten and the district at- tion. If he was going to ask me the for instance, the local law enforcement torney did not intervene, and one in same question back, I would not have officials in Wyoming who prosecuted Pennsylvania where a bar was being taken other people’s time. the Matthew Shepherd murder, wel- terrorized and there was not local Mr. GRAHAM. Mr. Speaker, I yield comed that, because they can be over- intervention. myself such time as I may consume. burdened by it. They can have hate I would say this, this concern about Mr. Speaker, the point I am making groups that show up; and they can Federal intervention puzzles me com- and the point still stands, there are overburden, in some areas, the local re- ing from someone who has generally two very good points, every law we sources. voted with the committee majority to have on the books at the Federal level But we are saying there will be some federalize a number of crimes. has a Federal nexus. But in the Senate, cases in this vast country where a par- Carjacking, is it that there are State there has been a huge departure here. ticular group will be subject to a par- prosecutors who somehow have a soft And part of it is politically motivated. ticular prejudice, and in those excep- spot in their heart for carjackers? Why Let me tell my colleagues the effect tional cases the Federal Government did the majority federalize carjacking? of this statute again. If we go down can intervene. So I can think of a cou- I do not think that they did that be- this road, the Attorney General of the ple right recently that we have had. cause there was some soft spot; they United States for the first time, that There was some others, I do not re- felt there was some particular pattern person, whoever he or she may be, has member exactly which came up in the that had to be responded to. the ability under this legislation to hearing. But, yes, there are cases There have been other cases, where take an event that has no Federal where there are particular prejudices we have in this body, I sometimes nexus at all, reach out and grab it against particular groups. voted no, made Federal crimes out of based on the mentality of the perpe- Transgendered people happen to be in things that were also State crimes. But trator and the class of the victim. many cases the objects of violence. And the gentleman’s point I want to focus Using an example, if someone in in many cases, they are protected; but on, this statute assumes that prosecu- South Carolina or any other State en- in some cases, because of the prejudice tion at the Federal level will be the ex- gages in a violent offense against that they face, they have not been pro- ception. somebody based on the race, sex, reli- tected. This is a standby authority for In fact, much of the statute that we gion, sexual orientation, under this the Attorney General to step in, if she are asking people to vote for says let statute, the Attorney General can take

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17818 CONGRESSIONAL RECORD—HOUSE September 13, 2000 that case away and prosecute it at the baby-sitters; 23 children were murdered bility for investigating, prosecuting Federal level and take the death pen- in America by their baby-sitters. And violent crimes based on hate. But when alty off the table. That should really the question I think goes back to the it comes to violations of civil rights, send a chilling effect throughout this heart of what the gentleman from the Federal Government has histori- body. Not only have we done away with South Carolina (Mr. GRAHAM) was get- cally played an important role in the the Federal nexus, bias exists all over ting at. I am not a lawyer, I do not prosecution and punishment of these the world and will to the end of time. have a legal background, but just from violations. And when local authorities Is that the reason bias in general in the standpoint of common sense, let us request assistance or are unable or un- theory to go out and destroy the abil- say it was the most loving of baby-sit- willing to act, Federal law enforcement ity of a State to prosecute vicious ters, they took care of the child for agencies must be able to come to their crimes in their backyard? years, but in the end they ended up aid. I would argue that this country is murdering them, do we want to treat The hate crimes legislation authored better off because the people in Texas that person differently than somebody by Senators GORDON SMITH, a Repub- sentenced two of the three people to else simply because one hates the child lican, and TED KENNEDY, a Democrat, death who drug the African American more than the other? creates an important safety net to en- to his death behind a truck; that we But the bottom line is still the same, sure victims of hate crimes receive the are better off when local people will and that is those 23 children last year justice to which they are entitled. It stand up and say, wrong, face the ulti- in America are just as dead. Whether will permit the Department of Justice mate punishment, than we would ever they were loved prior to being killed or to provide technical, forensic, prosecu- be to have somebody in Washington for whether they were hated prior to being torial or any other form of assistance political reasons take the case away killed, they are both dead. The theme to State and local law enforcement of- and get a headline and we can impose that I think the gentleman from South ficials in cases of felony crimes that that penalty. Carolina is getting at is the theme that constitute a crime of violence and are That is what this is about. This is an has been the basis of our judicial sys- motivated by bias based on race, color, effort to empower the Federal Govern- tem, which is equality under the law. religion, national origin, gender, dis- ment in a manner never had, and the The other issue that I think he is ability, or sexual orientation. Federal way you get there is you separate us. getting at, and I think there is validity hate crimes, therefore, is not a new Because if I am attacked by the same in this, and that is the idea of federal- idea. person that the gentleman from Massa- izing crime. There is disagreement Mr. Speaker, for 32 years Federal law chusetts (Mr. FRANK) may be attacked within our conference on whether we has covered certain forms of violence by, their motive determines what stat- should or should not do that. I found based on hate. Unfortunately, under ute applies, and that is wrong. myself voting against the gentleman current law, Federal prosecution of a Columbine, when they shoot the from Florida (Mr. MCCOLLUM) on any hate crime is permitted only if the man, the young fellow because he is a number of different things who takes a crime was motivated by bias based on jock, and killed the person beside him very different position on federalizing race, religion, national origin, or color because of her religion, and the one some of these crimes versus not. and the assailant intended to prevent next to the table because of the color Lastly, I would go to the point which the victim from exercising a federally of their skin, forget about those dif- the gentleman from South Carolina has protected right such as voting or at- ferences, prosecute that person based raised a couple of times, and that is, tending school. on what they did. And that is what you this death penalty issue, which is a le- This dual requirement substantially are trying to destroy here, and that is gitimate debate; but I do not know limits the potential for Federal pros- why I am here. that we want to preemptively strike ecution of hate crimes, even when the I want people to be responsible for out death penalty with this kind of leg- crime is particularly heinous. The Hate their conduct to the fullest extent of islation. Crimes Prevention Act removes this re- law and let people where the event hap- Mr. CONYERS. Mr. Speaker, I yield 3 striction, enhancing the ability of Fed- pens chart their destiny; and there is minutes to the distinguished gen- eral law enforcement agencies to assist no reason to give the Attorney General tleman from Connecticut (Mr. SHAYS). State and local authorities and in in- of the United States this much power, Mr. SHAYS. Mr. Speaker, I thank the vestigating and prosecuting hate because the abuses described do not gentleman for yielding the time to me, crimes of all kinds. exist. This is an effort to politicize and and I rise in opposition to the motion I believe violence based on prejudice federalize where the country will be a of the gentleman from South Carolina is a matter of national concern, and I great loser. (Mr. GRAHAM) and support the motion urge my colleagues to pass the Frank Mr. Speaker, I yield 2 minutes to the that will be offered by the gentleman motion so we can enact this important gentleman from South Carolina (Mr. from Massachusetts (Mr. FRANK). legislation this year. I would say I have SANFORD). If we walked down the National Mall voted to federalize a number of crimes Mr. SANFORD. Mr. Speaker, I thank along the Potomac River, we reach the as have the opponents of this effort. the gentleman for yielding the time to newest memorial in our Nation’s Cap- me. ital. It honors Franklin Delano Roo- b 1400 Mr. Speaker, I hate following him. I sevelt, the 33rd President of the United For me, there are times the Federal just came to chime in for just a few States. It was FDR who said ‘‘We must Government needs to step in. moments because the gentleman asked scrupulously guard the civil rights and Mr. GRAHAM. Mr. Speaker, to ad- me to and because I think this makes civil liberties of all citizens, whatever dress the point of my colleague here, common sense. I think that the prob- their background. We must remember who I admire very much, this is not lem with the debate on the other side, that any oppression, any injustice, any about adding into an existing statute and I would say to the gentleman from hatred is a wedge designed to attack sexual orientation and disability. This Massachusetts (Mr. FRANK), who I have our civilization.’’ is about changing fundamentally to its the utmost respect for his intellect, the This statement is no less true today core the way the Federal Government utmost respect for the way he has been than it was back then. I strongly sup- is able to interfere or take over a pros- a consistent advocate for things that port the Hate Crimes Prevention Act ecution of an otherwise State case. he believes in, and the only reason I because this legislation respects the There has been a fundamental devi- find myself in this case differing with fundamental relationship between ation here from the Senate. Senator him is based on, for instance, the sta- local law enforcement and the Federal KENNEDY was able to create an environ- tistics I have here. Government. ment legally where the only thing For instance, last year, 23 children Local law enforcement agencies will stopping the Federal Government from were murdered in America by their continue to have primary responsi- reaching out and grabbing a case for

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17819 the first time in the history of the The gentleman purports it to mean only, 7 to 2 in the Supreme Court, that country is the attitude of the Attorney that this would oppose the hate crimes different sovereignties can prosecute General and put it in a venue where the legislation, but we know that there is the same acts under different statutes. death penalty does not apply. That is hate crimes legislation on the Federal That is why the State can prosecute my point. The point is that this statute books, and it has been there for 32 for murder, and the Federal Govern- does so many bad things. years. What the Senate proposes, and ment can prosecute for deprivation of POINT OF ORDER what I hope the House accedes to, is to civil rights. If the Federal Government Mr. CONYERS. Mr. Speaker, I make increase the purview of that legislation prosecuted for deprivation of civil a point of order. from race, color, creed, and national rights, the State can still prosecute for The SPEAKER pro tempore (Mr. origin, to include, which it does now, murder; and if the death penalty ap- LAHOOD). The gentleman will state his to include sexual orientation, gender, plies, apply it. point of order. disability of the victim. And we cer- So the gentleman from South Caro- Mr. CONYERS. Mr. Speaker, the gen- tainly should, because an attack on lina (Mr. GRAHAM) is giving us in a mo- tleman from South Carolina (Mr. someone based on those characteristics tion to instruct, which is entirely GRAHAM) has not yielded himself time. is an extra assault on society and phoney, tries to imply that the hate The SPEAKER pro tempore. Does the ought to be punished in an extra way. crimes legislation would do these gentleman from South Carolina yield But look at the motion to instruct things, which it clearly would not do. himself such time as he may consume? offered by the gentleman from South It is entirely a phony instruction; and Mr. GRAHAM. Yes. Carolina (Mr. GRAHAM). We should in- it ought to be defeated, not because it The SPEAKER pro tempore. The gen- struct the conferees not to agree to is bad, but because it is phony; and the tleman may proceed. Mr. GRAHAM. Mr. Speaker, to get anything that fails to recognize that Conyers instruction to say to broaden the statute to kick into effect, all you the 14th amendment guarantees all hate crimes legislation to cover what need is an Attorney General willing to people equal protection under the law. should be covered, should be agreed to. do it. There is no Federal nexus in the Well, of course. And the Hate Crimes Mr. GRAHAM. Mr. Speaker, I yield traditional sense of what has been the Protect Act does not deny anyone myself such time as I may consume. Mr. Speaker, we can talk about this law of this land since its inception. equal protection under the law. So I Number two, to get this statute to have no problem with that provision, or you can read the law yourself. Here kick into effect, you are treating because it does not refer to anything in is what I am saying, unequivocally: Americans differently who may have front of the Senate or the House. this proposal in the Senate does not ex- suffered the same harm. The example I He instructs that we should not agree pand the list of categories from which gave at Columbine, three dead kids, to provisions which deny equal protec- a hate crime can be prosecuted to in- three different reasons in the mind of tion under the law by conditioning clude sexual orientation and disability. the perpetrator; one gets the statute, prosecution of certain offenses under It fundamentally changes and does the other does not. That is not going to race, color, religion, national origin, away with the Federal nexus that ex- make this a better country. gender, sexual orientation, or dis- ists in the existing statute to give the Mr. Speaker, the State court systems ability of the victim. Attorney General of the United States, have proven themselves to rise to the Well, the hate crimes legislation does whoever that person might be, at what- occasion in horrendous events of recent not do that either. As was pointed out ever time in our history, the ability to time. The Wyoming case, the person before, the hate crimes legislation does reach out and take over a case based on who was brutally murdered because of not say that if you attack a black per- the attitude and the motivations of the sexual orientation, those persons are son or a gay person only should you be perpetrator and the class or category serving life in jail. It was done by the prosecuted. It says if you attack some- of the victim. people of Wyoming. Wyoming is a bet- one because of their race, color, creed, One thing is going to flow from this: ter place for having taken care of that of whatever variety, whatever race, because you cannot get the death pen- problem and risen to the occasion. The whatever color or creed, whatever sex- alty, there are people going to be man- recent case of the African American ual orientation, whatever gender, be- ufacturing reasons, believe it or not, if being dragged to his death in Texas, cause of that there is an extra vicious- you have ever been in criminal law, two of the three perpetrators are on ness and an extra protection, that does there are people who are mean and death row, where they should be. This not deny equal protection under the clever, and I have defended some and statute would not allow that to happen law. prosecuted a lot, who are going to say, if they were tried in Federal Court, and Everybody is subject to it; everybody well, this is a hate crime; this is a Fed- there would not have been a second can be helped by it. Whether you are eral hate crime. And they want to go prosecution. attacked because you are a man or a to Federal Court because there is no Mr. Speaker, I reserve the balance of woman, a gay person or a straight per- death penalty, and it will be a head- my time. son, a Christian, a Jew or a Hindu, line. Mr. CONYERS. Mr. Speaker, I yield black, white or green, it does not mat- There will be a tremendous amount 31⁄2 minutes to the distinguished gen- ter. Everybody gets that equal protec- of political pressure to grab this case, tleman from New York (Mr. NADLER), a tion. And it says that we should not and to show you how much I care as member of the Committee on the Judi- agree to any provision that would pre- the Attorney General, I am going to ciary. clude a person convicted of murder take this heinous situation and I am Mr. NADLER. Mr. Speaker, I thank from being sentenced to death. going to do it, because I want to get the gentleman for yielding me time. Well, that one, I do not agree with the political benefit and I am going to Mr. Speaker, I came here to rise in the death penalty, so I do not have a be the person in the headline. And support of the motion to instruct of- problem with that. But the fact is, it America loses, because the Texas case, fered by the gentleman from Michigan does not do that either. The gentleman the Wyoming case, and the whole 21st (Mr. CONYERS) and in opposition to the from South Carolina (Mr. GRAHAM) said century, I really believe, is going to be motion to instruct offered by the gen- that by the Federal Government pros- about people finally being held ac- tleman from South Carolina (Mr. ecuting on a statute that does not have countable for what they do. GRAHAM), because I read the motion to the death penalty, that might preclude When you go into the Columbine instruct offered by the gentleman from the State from prosecuting the same High School situation, you have got South Carolina (Mr. GRAHAM); and I am act on a statute that does have the three grieving parents. We do not need not sure whether it is worth supporting death penalty. to carve out one law against the other or opposing, because it does not deal But it is black-letter law. For the two. We need to come together as a with anything in front of the con- last 40 years it has been black-letter people and punish to the full extent of ference. law, Black and Douglas dissenting the law those that want to harm

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17820 CONGRESSIONAL RECORD—HOUSE September 13, 2000 human beings, end of story, and not human being as a headline of a par- the Senate-enacted version of H.R. 4205. The create a Federal legislation that under- ticular area in our State. The heinous motion would instruct the conferees not to mines the ultimate punishment, the act of hatred against Mr. James Bar- agree to provisions in section 1507 that ‘‘(1) fail to recognize that the fourteenth amend- death penalty. rett continues to ring loud and clear ment to the Constitution guarantees all per- Mr. Speaker, I reserve the balance of throughout this Nation, and, following sons equal protection under the law; an (2) my time. that, the very tragic and violent and deny equal protection under the law by con- Mr. CONYERS. Mr. Speaker, I yield 1 brutal death in Wyoming of Matthew ditioning prosecution of certain offenses on minute to the gentleman from Massa- Shepard. the race, color, religion, national origin, gen- chusetts (Mr. DELAHUNT), a member of But I would say to my friend from der, sexual orientation, or disability of the the Committee on the Judiciary and a South Carolina, even now, just a few victim; and (3) preclude a person convicted of long-time State prosecutor. murder from being sentenced to death.’’ short months ago, three individuals With respect to the first two parts of the Mr. DELAHUNT. Mr. Speaker, I saw fit to burn a cross in the front yard proposed instruction, we already have pro- thank the ranking member for yielding of an African American family that vided extensive analysis explaining the bases me time. moved into a neighborhood that was of Congress’s constitutional authority to Mr. Speaker, I know it is not the in- predominantly white. This is in mod- enact the hate crimes provisions in § 1507 of tention of my friend and colleague to ern-day Texas. This is in an area not the Senate-enacted version of H.R. 4025. mislead, but I think it is very impor- far from Houston, Texas. This is real. Moreover, those provisions would not impli- tant to be clear here that those indi- So when we begin to talk about are cate the Equal Protection Clause of the viduals that are presently incarcerated Fourteenth Amendment, which applies only we serious about a hate crimes initia- to the States. And, in our view, those provi- facing the death penalty in Texas tive, let me say to the gentleman from sions would be wholly consistent with the would still be there facing that death South Carolina (Mr. GRAHAM), in op- equal protection component of the due proc- penalty if the instructions that will be posing this motion to instruct, we al- ess clause of the Fifth Amendment. The pro- offered in the Conyers motion prevail. ready have and understand the value tections afforded by the criminal provisions It is clear that there is nothing in the and importance of the 14th amend- in section 1507 would not be limited to per- Conyers motion that would preclude a ment, the guarantee of equal protec- sons of certain races, colors, etc. Those pro- State prosecution, absolutely nothing tion of the law. You already have the visions would, instead, protect all persons— whatsoever; and to suggest that is, I regardless of their race, color, etc.—who are evidence that the Constitution has the victims of certain crimes of violence would submit, unintentionally mis- been preserved by 30 years of case law committed because of the victims’ actual or leading. that already says that hate crimes leg- perceived race, color, religion, national ori- I also find it ironic that my colleague islation can pass constitutional mus- gin, gender, sexual orientation, or disability. has concerns about the States’ posi- ter. In this regard, section 1507 would be analo- tions on these particular issues, as if In addition, I think it is important to gous to numerous existing laws that protect the Attorney General will not work note your provision number two sug- all persons from certain harms perpetrated with the States to do what is right. gests exclusion. There is no exclusion against them because of personal character- istics (such as race or gender). See e.g., 18 The gentleman should be aware that to addition. All we are doing in this the legislation is supported by the Na- U.S.C. § 245(b)(2) (prohibiting the willful in- Hate Crimes Act of 2000 is to ensure juring of a person ‘‘because of,’’ inter alia, tional Sheriffs Association and by the that in addition to all the other ele- ‘‘his race, color, religion or national ori- International Association of the Chiefs ments of this bill, gender and sexual gin’’); 42 U.S.C. 2002e–2 (prohibiting employ- of Police. orientation and disability are included. ment discrimination ‘‘because of [an] indi- Mr. CONYERS. Mr. Speaker, I yield It is not exclusion; it is inclusion. It vidual’s race, color, religion, sex, or national the balance of my time to the gentle- means that if an Anglo or a white or a origin’’). With respect to the final part of the pro- woman from Texas (Ms. JACKSON-LEE), Caucasian citizen of the United States a Member of the Committee on the Ju- posed instruction, the amendment instructs or any other, was found to have been conferees not to agree to provisions that diciary. hatefully acted upon, they would be ‘‘preclude a person convicted of murder from Ms. JACKSON-LEE of Texas. Mr. able to come under the hate crimes being sentenced to death.’’ This provision Speaker, I thank the ranking member law. It is to be read broadly. would have no bearing on Section 1507 of for yielding me time, and I thank him I agree with my good friend talking H.R. 4205. That provision does not address for his leadership on this motion. about the death penalty, because many the death penalty or prosecutions for mur- I have come to the floor of this House of us fall on different positions on the der. Rather, it recognizes that States retain primary responsibility for enforcing criminal to support the ranking member, the death penalty. gentleman from Michigan (Mr. CON- laws against violent conduct. The provision requires that federal authorities consult YERS), in his motion to instruct. Be- b 1415 with state officials before initiating a federal cause I view this as a very solemn de- I believe there should be a morato- prosecution and would not impose any re- bate, I want to say to my good friend rium. I believe it is a tragedy that strictions on the ability of state authorities from South Carolina that it is impor- there are people who are on death row to pursue whatever sanctions are available tant for people to realize that Members that we do not really know whether or pursuant to state law. take to heart, take seriously, the posi- not they, in fact, are guilty. Thank you for the opportunity to present tions that they argue for, and I do not Mr. Speaker, what I would say in our views. The Office of Management and question the integrity or the honesty Budget has advised us that from the perspec- conclusion is that I will include for the tive of Administration’s program, there is no and the well-meaning efforts behind RECORD at this time a letter from the objection to submission of this letter. my good friend’s motion to instruct. Department of Justice. We have al- Sincerely, But I do want to raise some questions ready answered the question as to ROBERT RABEN, and concerns and offer my sincerity whether this denies the equal protec- Assistant Attorney General. and my heartfelt expressions of opposi- tion of the law. It does not. Mr. Speaker, I support the motion of tion against this motion, and that is DEPARTMENT OF JUSTICE, the gentleman from Michigan (Mr. that although we have been calling the OFFICE OF LEGISLATIVE AFFAIRS, CONYERS), and I oppose the motion of names of those who have tragically Washington, DC, September 13, 2000. the gentleman from South Carolina lost their life, some of the more well- Hon. RICHARD GEPHARDT, (Mr. GRAHAM). known names, let me say to you that it Minority Leader, U.S. House of Representatives, Mr. Speaker, I rise on the Conyers motion is particularly a source of consterna- Washington, DC. to instruct conferees on the Department of De- tion and hurt in the State of Texas, DEAR MR. LEADER: The Department of Jus- tice has been asked for its view on a motion fense Authorization bill. It is important that from which I come, and that is to be by Representative Graham that would in- Congress adequately address hate crime vio- known as the State who, in the 20th struct the House conferees on H.R. 4205. The lence in America. century, the latter part of the 20th cen- motion appears to be directed at the hate Today, we have a unique opportunity to in- tury, had the dismemberment of a crimes provisions contained in section 1507 of struct conferees on H.R. 4205, the FY 2001

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17821 Department of Defense Authorization bill, to preaching violence and intolerance, with more Allow federal authorities more jurisdiction in accept the bipartisan Senate-passed provision than 50,000 hate crimes reported during the investigating and persecuting hate crimes; and on hate crime. years 1991 through 1997. The summer of Provide grants up to $100,000 to train local In June, the Senate passed the hate crimes 1999 was dubbed ‘‘the summer of hate’’ as law enforcement officials in identifying, inves- bill, introduced by Senators EDWARD KENNEDY each month brought forth another appalling in- tigating, prosecuting and preventing hate and GORDON SMITH. The Kennedy-Smith cident, commencing with a three-day shooting crimes, including hate crimes committed by ju- amendment was adopted on a bipartisan vote spree aimed at minorities in the Midwest and veniles. of 57–42, with 13 Republicans voting in favor. culminating with an attack on mere children in Such legislation is particularly important in This legislation would enhance the ability of California. From 1995 through 1999, there has light of the rash of hate crimes committed in the local, state and federal law enforcement been 206 different arson or bomb attacks on recent months. Hate crimes, such as the officials to investigate and prosecute violent churches and synagogues throughout the events in Pittsburgh, Pennsylvania, where one acts of hate crimes committed against persons United States—an average of one house of African American, one Jewish woman, and because of their race, color, religion, national worship attacked every week. three Asian American men were killed on April origin, gender, sexual orientation or disability. Like the rest of the nation, some in Con- 28, 2000, highlights the critical need for hate Despite the fact that more than 190 Mem- gress have been tempted to dismiss these crimes legislation, not only for the Asian Pa- bers of the House have cosponsored the simi- atrocities as the anomalous acts of lunatics, cific American Community, but for all Ameri- lar House version of the hate crimes legisla- but news accounts of this homicidal fringe are cans. tion, H.R. 1082, and despite repeated re- merely the tip of the iceberg. The beliefs they This hate crimes amendment was patterned quests that Judiciary Committee Chairman act on are held by a far larger, though less after the Hate Crimes Prevention Act of 1999 HYDE and Speaker HASTERT allow consider- visible, segment of our society. These atroc- (H.R. 1082/S. 622). It enjoys the broad sup- ation of this bipartisan legislation, they have ities, like the wave of church burnings across port of 175 civil rights, civic and law enforce- refused. In fact, it is because the Republican the South, illustrate the need for continued ment organizations, including the Organization Leadership has said no for the past several vigilance and the passage of the Hate Crimes of Chinese Americans, India Abroad Center years that this important legislation has not yet Prevention Act. for Political Awareness, International Associa- to become law. This legislation will make it easier for federal tion of Chiefs of Police, Federal Law Enforce- I remember the senseless killings of three authorities to assist in the prosecution of ra- ment Officers Association and Police Founda- African American children who were killed on cial, religious and ethnic violence, in the same tion. Sunday morning by a bomb while they partici- way that the Church Arson Prevention Act of As Chairman of the Congressional Asian pated in services at the 16th Street Baptist 1996 helped federal prosecutors combat Pacific American Caucus, I speak on behalf of Church. Only recently have individuals been church arson: by loosening the unduly rigid ju- the national Asian Pacific American commu- indicted to face trial in the nearly 40 year old risdictional requirements under federal law. nity in urging all members to support this mo- murders. This terrible act galvanized the civil Current law (18 U.S.C.A. 245) only covers a tion. Strengthening Hate Crime laws is a com- rights movement and began a shout for jus- situation where the victim is engaging in cer- mon sense policy and step in the right direc- tice, which may at last be answered in a court tain specified federally protected activities. The tion for all Americans. of law as two Ku Klux Klansmen in Alabama’s legislation will also help plug loopholes in state Again, I appreciate the opportunity to ad- Jefferson County are finally being brought to criminal law, as ten states have no hate crime dress the Committee and urge all Members to justice for the 196 bombing. laws on the books, and another 21 states fail As the years passed from the time of the support this motion to instruct. to specify sexual orientation as a category for Mr. GRAHAM. Mr. Speaker, I yield bombing, it was felt that America had made protection. This legislation currently has 191 myself such time as I may consume. great strides until the night of June 7, 1998 co-sponsors, but has had no legislative activity One thing will happen when this is when this Nation’s deepest sin was revealed in this House. over. There will not be hate between by the murder of James Byrd Jr. It is long past time that Congress passed a us. We will come together, and we will There is no case, which more graphically re- comprehensive law banning such atrocities. It minds this Nation that the submerged intoler- work together where we can, and we is a federal crime to hijack an automobile or will disagree when we have to. ance caused by racism that steeps throughout to possess cocaine, and it ought to be a fed- the fabric of our society can erupt into gangre- I want to clear up the RECORD the eral crime to drag a man to death because of best I can and explain what my motion nous crimes of hate violence like the murder his race or to hang a person because of his of James Byrd in Jasper, TX. does what I think is very needed. One, or her sexual orientation. These are crimes there is no objective evidence that the The lynching of James Byrd struck at the that shock and shame our national conscience Committee on the Judiciary or anyone consciousness of our Nation, but we have let and they should be subject to federal law en- else, as we see, that the States are ig- complacency take the place of unity in the forcement assistance and prosecution. face of unspeakable evil. It was difficult to Mr. Speaker, the Conyers motion is truly the noring violent assaults based on peo- imagine how in this day and age that two only chance for members of the House to vote ple’s race, sex, gender, national origin, white supremacists beat Byrd senseless, on a hate crimes bill in the 106th Congress. religion or disability. There is no chained him by the ankles to a pickup truck Accordingly, I call upon my colleagues to State, there is no repeated pattern of and then dragged him to his death over three seize this opportunity and vote in favor of the where one gets to pound on a par- miles of country back roads. motion. ticular group and nobody does any- Since James Byrd Jr.’s death our Nation Mr. CONYERS. Mr. Speaker, I yield thing about it. That is a fallacy. has experienced an alarming increase in hate such time as he may consume to the Let me tell my colleagues about the violence directed at men, women and even gentleman from Guam (Mr. UNDER- legal consequences of what we are children of all races, creeds and colors. WOOD). about to do in my opinion, and my col- Ronald Taylor traveled to the eastside of Mr. UNDERWOOD. Mr. Speaker, I leagues need to read the statute them- Pittsburgh, in what has been characterized, as rise in strong support of the motion to selves. This allows the Federal Attor- an act of hate violence to kill three and wound instruct of the gentleman from Michi- ney General, unlike the current stat- two in a fast food restaurant. Eight weeks gan (Mr. CONYERS) in the name of jus- ute, it is not merely including sexual later, in Pittsburgh Richard Baumhammers, tice and fairness. orientation and disability in a list of armed with a .357-caliber pistol, traveled 20 I would like to thank the gentleman from existing Federal hate crime legislation. miles across the west side of Pittsburgh which Michigan, Mr. CONYERS, for offering this mo- It is changing fundamentally the way now leaves him charged with killing five. His tion to instruct Committee Conferees. I strong- that the legislation operates to allow shooting victims included a Jewish woman, an ly support this motion which is based upon the the Attorney General, whoever he or Indian, ‘‘Vietnamese,’’ Chinese and several Senate Hate Crimes Amendment introduced she might be, to reach out and preempt black men. Matthew Shepard also suffered a by Senators EDWARD KENNEDY and GORDON a State lawsuit. hateful and violent death. We need this legis- SMITH. this amendment would: There are definitely two sovereigns lation to further protect the people of America. Expand current hate crime laws to include in play; but legally speaking, if the At- The decade of the 1990’s saw an unprece- discrimination based on gender, sexual ori- torney General, motivated by headlines dented rise in the number of hate groups entation and disability; or a disgust for the death penalty or

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17822 CONGRESSIONAL RECORD—HOUSE September 13, 2000 whatever political reasons may exist in [Roll No. 470] Gallegly Lowey Roemer an emotional, high profile case, can Gejdenson Luther Ros-Lehtinen YEAS—196 Gephardt Maloney (CT) Rothman stop that prosecution and do it in Fed- Gilman Maloney (NY) Aderholt Goodlatte Petri Roybal-Allard Gonzalez Markey eral court, leaving the State to have to Archer Goodling Phelps Rush Gordon Mascara clean up the mess later. And the ex- Armey Goss Pickering Sabo Green (TX) Matsui pense goes through the roof and the Bachus Graham Pitts Sanchez Baker Granger Greenwood McCarthy (MO) Sanders likelihood of that happening is zero. Pombo Gutierrez McCarthy (NY) Ballenger Green (WI) Portman Sandlin It allows too much authority in the Barcia Gutknecht Hall (OH) McCollum Sawyer Radanovich Hastings (FL) McDermott hands of the Attorney General with no Barr Hall (TX) Saxton Ramstad Hill (IN) McGovern Federal nexus like all the other Fed- Barrett (NE) Hansen Schakowsky Riley Hilliard McKinney eral statutes have. It does a terrible Barton Hastings (WA) Rogan Scott Bereuter Hayes Hinchey McNulty Rogers Serrano thing. It divides us based on the moti- Berry Hayworth Hinojosa Meehan Rohrabacher Shaw vation of a perpetrator and the class of Bilirakis Hefley Hobson Meek (FL) Roukema Shays Bliley Herger Hoeffel Meeks (NY) the victim, and the Columbine situa- Royce Holden Menendez Sherman tion is the perfect situation, unfortu- Blunt Hill (MT) Sherwood Boehner Hilleary Ryan (WI) Holt Millender- nately, to talk about this. Disturbed, Ryun (KS) Hooley McDonald Sisisky Bonilla Hoekstra Slaughter mean, hateful people who hated life, fo- Boyd Horn Salmon Houghton Miller, George Smith (NJ) Brady (TX) Hostettler Sanford Hoyer Minge cused on jocks, focused on somebody Smith (WA) Bryant Hulshof Scarborough Inslee Mink who was African American, focused on Snyder Burr Hunter Schaffer Jackson (IL) Moakley Spratt a girl praying, killed them all. They Burton Hutchinson Sensenbrenner Jackson-Lee Mollohan deserve to be prosecuted by the people Buyer Hyde Sessions (TX) Moore Stabenow in the community where it happened, Callahan Isakson Shadegg Jefferson Moran (VA) Stark Johnson (CT) Morella Strickland and the Federal Government has no Calvert Istook Shimkus Camp Jenkins Shows Johnson, E.B. Murtha Stupak reason to get involved unless one can Campbell John Shuster Jones (OH) Nadler Tauscher show throughout the land that people Canady Jones (NC) Simpson Kanjorski Napolitano Thompson (CA) Cannon Kasich Skeen Kaptur Neal Thompson (MS) such as that get away with it, and they Kelly Chabot King (NY) Skelton Oberstar Thurman do not. Kennedy Obey Chambliss Kingston Smith (MI) Tierney Kildee Olver Mr. Speaker, I will tell my col- Chenoweth-Hage Knollenberg Smith (TX) Towns Kilpatrick Ortiz leagues, as someone was involved in Coble LaHood Souder Turner Kind (WI) Pallone Coburn Largent Spence Udall (CO) the criminal law before I came to Con- Kleczka Pascrell gress, that if we create this system, if Collins Latham Stearns Udall (NM) Combest Lewis (CA) Klink Pastor we create this dynamic, we are going Stenholm Kolbe Payne Upton Cook Lewis (KY) Stump Velazquez to have a lot of mischievous behavior Cooksey Linder Kucinich Pelosi Sununu Kuykendall Pickett Visclosky out there where people are manufac- Costello Lipinski Sweeney Walsh Cox Lucas (KY) LaFalce Pomeroy turing hate crimes because it is a bet- Talent Lampson Porter Waters Cramer Lucas (OK) Tancredo Watt (NC) ter deal if they can get in the Federal Crane Manzullo Lantos Price (NC) Tanner Larson Pryce (OH) Waxman system, because they will not face the Cubin Martinez Tauzin Weiner Cunningham McCrery LaTourette Quinn death penalty, as the men who are in Taylor (MS) Weldon (PA) Davis (VA) McHugh Leach Rahall Texas are facing the death penalty for Taylor (NC) Wexler Deal McInnis Lee Rangel Terry Wise dragging the African American gen- DeLay McIntyre Levin Regula Thomas Woolsey tleman to his death. DeMint McKeon Lewis (GA) Reyes Thornberry Wu Dickey Metcalf LoBiondo Rivers Please, look at what we are doing Thune Doolittle Mica Lofgren Rodriguez Wynn here today. Do not divide America. Tiahrt Dreier Miller (FL) NOT VOTING—10 Stand up for the 14th amendment the Duncan Miller, Gary Toomey way it was written for all of us, and Dunn Moran (KS) Traficant Engel Lazio Vento make sure the Federal Government, be- Ehrlich Myrick Vitter Eshoo McIntosh Weygand Walden Gilchrest Owens cause of headline-grabbing Attorney Emerson Nethercutt English Ney Wamp Johnson, Sam Reynolds Generals in the future, regardless of Everett Northup Watkins party, cannot come and destroy our Ewing Norwood Watts (OK) b 1443 Weldon (FL) communities’ abilities to heal their Fletcher Nussle Messrs. ANDREWS, MOORE, wounds and to deal with their bad ac- Fossella Ose Weller Fowler Oxley Whitfield FRANKS of New Jersey, and REGULA, tors and to create justice the way it Ganske Packard Wicker Ms. SLAUGHTER, Ms. RIVERS, and sees fit in its backyard. Gekas Paul Wilson Ms. DANNER changed their vote from The SPEAKER pro tempore (Mr. Gibbons Pease Wolf ‘‘yea’’ to ‘‘nay.’’ SIMPSON.) Without objection, the pre- Gillmor Peterson (MN) Young (AK) vious question is ordered on the mo- Goode Peterson (PA) Young (FL) Mr. LEWIS of California and Mr. ARCHER changed their vote from tion. NAYS—227 There was no objection. ‘‘nay’’ to ‘‘yea.’’ Abercrombie Boswell Delahunt So the motion to instruct was re- The SPEAKER pro tempore. The Ackerman Boucher DeLauro question is on the motion to instruct Allen Brady (PA) Deutsch jected. offered by the gentleman from South Andrews Brown (FL) Diaz-Balart The result of the vote was announced Carolina (Mr. GRAHAM). Baca Brown (OH) Dicks as above recorded. Baird Capps Dingell A motion to reconsider was laid on The question was taken; and the Baldacci Capuano Dixon Speaker pro tempore announced that Baldwin Cardin Doggett the table. the ayes appeared to have it. Barrett (WI) Carson Dooley Stated against: Mr. FRANK of Massachusetts. Mr. Bartlett Castle Doyle Mrs. ROUKEMA. Mr. Speaker, on Rollcall Bass Clay Edwards Speaker, I object to the vote on the Becerra Clayton Ehlers No. 470 I inadvertently pressed the ‘‘yea’’ but- ground that a quorum is not present Bentsen Clement Etheridge ton. I intended to vote ‘‘nay.’’ and make the point of order that a Berkley Clyburn Evans quorum is not present. Berman Condit Farr f The SPEAKER pro tempore. Evi- Biggert Conyers Fattah Bilbray Coyne Filner PERSONAL EXPLANATION dently a quorum is not present. Bishop Crowley Foley The Sergeant at Arms will notify ab- Blagojevich Cummings Forbes Mr. OWENS. Mr. Speaker, this morning, I sent Members. Blumenauer Danner Ford was unavoidably absent on a matter of critical The vote was taken by electronic de- Boehlert Davis (FL) Frank (MA) importance and missed the following votes: Bonior Davis (IL) Franks (NJ) vice, and there were—yeas 196, nays Bono DeFazio Frelinghuysen On the Journal (Rollcall No. 465), I would 227, not voting 10, as follows: Borski DeGette Frost have voted ‘‘yea.’’

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17823 On H.R. 4810, (Rollcall No. 466), the veto Matthew’s mother called on our Con- ourselves, to search our humanity and override of the Marriage Penalty Act, intro- gress to act. She called on all of us pass a law that I guarantee my col- duced by the gentleman from Texas, Mr. AR- here to take a stand against hate, to leagues will go down in the history CHER, I would have voted ‘‘nay.’’ renew a few simple principles into our books. On H.R. 4986 (Rollcall No. 467), Foreign laws, principles that say so much about Virtually every major accomplish- Sales Corporation Repeal and Extraterritorial who we are and what we believe. ment that we pass ever in the history Income Exclusion Act of 2000, introduced by This bill is critical in so many ways. of this body has been bipartisan. This the gentleman from Texas, Mr. ARCHER, I It gives law enforcement officers at all law, like the Civil Rights Act of 1965, would have voted ‘‘nay.’’ levels of government the tools they will be a bipartisan blow against hate On H. Con. Res. 327 (Rollcall No. 469), need to deal with horrible acts of hate- and violence. honoring the service and sacrifice during peri- based violence. This is a great country. We are so ods of war by members of the U.S. Merchant It sends a message to the world that wealthy. But our greatest moments are Marine, introduced by the gentleman from crimes committed against people be- not when we produce material wealth. California, Mr. KUYKENDALL, I would have cause of who they are, that these Our greatest moments are when we as voted ‘‘yea.’’ crimes are particularly evil, particu- a people manage in the face of horrible On H.R. 4205 (Rollcall No. 470), instructions larly offensive. It says that these tragedy to rise up to come together to to conferees on the Department of Defense crimes are committed, not just against take a simple stand for basic decency. authorization bill, offered by the gentleman individuals, not just against a single Give us this motion. Give us this law. from South Carolina, Mr. GRAHAM, I would person, but against our very society, Bring America up, rising up against ha- have voted ‘‘nay.’’ against America. tred and against violence. f These crimes strike fear into the Mr. CONYERS. Mr. Speaker, it is my hearts of others because they are pleasure to yield 3 minutes to the gen- MOTION TO INSTRUCT CONFEREES meant to intimidate, to harass, to tleman from Michigan (Mr. BONIOR), ON H.R. 4205, FLOYD D. SPENCE menace. When an angry man, a trou- the minority whip of the House. NATIONAL DEFENSE AUTHORIZA- bled man shot up a Jewish community Mr. BONIOR. Mr. Speaker, I thank TION ACT FOR FISCAL YEAR 2001 center in Los Angeles, wounding teach- the gentleman from Michigan (Mr. Mr. CONYERS. Mr. Speaker, I offer a ers and students in a place that was CONYERS) for his leadership and others motion to instruct conferees on H.R. supposed to be a sanctuary of protec- for their leadership on this. I commend 4205. tion, the man said that he had shot at the gentleman from Missouri (Mr. GEP- The SPEAKER pro tempore (Mr. these children because he wanted to HARDT), our leader, for his statement. SIMPSON). The Clerk will report the send a message. He wanted to send a This motion and this proposition re- motion. wake-up call to America to kill Jews. ceived a strong bipartisan vote in the The Clerk read as follows: Today, with this bill, we reject that United States Senate. It is time that it Mr. CONYERS moves that the managers on message in the most powerful, most received the same kind of bipartisan the part of the House at the conference on forceful way that we can. Today, we as support in this House. the disagreeing votes of the two Houses on a society can say that we will do every- Now, we understand that no act of the Senate amendment to the bill H.R. 4205 be instructed to agree to the provisions con- thing we can to protect people from Congress can ever outlaw bigoted tained in title XV of the Senate amendment. these heinous acts, that we will not thoughts. But we also understand that, The SPEAKER pro tempore. Pursu- rest until America is free of this vio- when hateful thoughts turn into hate- ant to the rule, the gentleman from lence. ful deeds, the Congress must act and This bill honors the victims of hate act decisively. That is why this legisla- Michigan (Mr. CONYERS) and the gen- crimes, and it recalls their memory. It tion is so necessary. tleman from Arkansas (Mr. HUTCH- honors the memory of James Byrd who Today, even though the rate of most INSON) each will be recognized for 30 violent crimes is decreasing, the num- minutes. was dragged to death behind the pickup The Chair recognizes the gentleman truck because the killers did not like ber of hate crimes is still alarmingly the color of his skin. It honors Mat- high. The FBI reported that, over the from Michigan (Mr. CONYERS). thew Shepherd who was beaten with course of 1 year alone, in 1997, more b 1445 the butt of a gun and tied to a fence than 8,000 hate crimes were reported in Mr. CONYERS. Mr. Speaker, I am post and left to die in freezing weather this country. We have just heard exam- pleased to yield 3 minutes to the gen- because he was gay. It honors Ricky ples of them from our leader. tleman from Missouri (Mr. GEPHARDT), Byrdsong, a former basketball coach at We have seen houses of worship burn, the minority leader of the House, to my alma mater, Northwestern, who small children attacked, men and begin the debate on the motion to in- was gunned down on the street because women murdered, murdered for their struct on this most important vote on he was black. It honors not only those religion, murdered because of their civil rights in this session of Congress. victims, not just the high profile ethnicity, murdered because of their Mr. GEPHARDT. Mr. Speaker, I rise crimes, it honors all the people whose gender, murdered for a whole host of in strong support of the Conyers mo- lives have been scarred by these acts, reasons. For every act we hear about, tion, a motion that is in keeping with the victims who do not always make every assault that is reported, there the best of our national traditions. the headlines. are many that pass unnoticed. First, let me say that I am very glad The hate crimes that we do not hear In fact, in my congressional district, that we are finally at long last having about deserve our strong response just this last week, I learned of a man this debate, a debate that allows us to today. So today, let us take a stand who was beaten so severely in an at- express our feelings, our passion on one against violence. We are voting to dedi- tack that he lost seven of his teeth and of our most important and greatest pri- cate our national resource, to bring the was hospitalized as a result of the beat- orities. strongest laws that we have to bear ing. The reason was the fact that he Yesterday, I stood outside of this against the most sinister thing that we was gay. marvelous building on the lawn just a know. The Conyers motion is the only But despite their frequency and the few feet from our rotunda, and I lis- motion that will strengthen our exist- fact that these crimes are intended to tened to Judy Shepherd talk about the ing laws, that will strike a real blow terrorize millions of Americans, too murder of her son Matthew. Judy Shep- against hate. many in the law enforcement field lack herd talked about the pain of losing a Let me say this is a bipartisan effort. the legal authority it takes to inves- child to senseless violence and about There is nothing partisan in this effort tigate and to prosecute them. That is the ugly, horrible crimes that are com- today. Republicans and Democrats are why this legislation is important. That mitted against people simply because joining together. This issue transcends is what this legislation does. It cor- of who they are. politics. It challenges us to look into rects that inadequacy.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 17824 CONGRESSIONAL RECORD—HOUSE September 13, 2000 We cannot outlaw hatred, Mr. Speak- if it is constitutional, is it necessary? clause, confirm that that power is sub- er. We have a moral responsibility to Is there such a gap in the current law ject to outer limits. stand up for those who could be its vic- that this expansion is required? So we The court has warned that the scope tims. want to talk about those particular of the interstate commerce power must So I urge each and every one of my questions. be considered in the light of our dual colleagues today to support the Con- But before I do, I want to address system of government and may not be yers motion, and let us give this the bi- what the minority leader spoke about, extended so as to embrace effects upon partisan support that it deserves, the how this conduct of targeting minority interstate commerce, and they con- bipartisan support that it received in groups or special groups because of a tinue to warn the Congress of the the other body. certain characteristic is intolerable in United States to be careful that we do Mr. HUTCHINSON. Mr. Speaker, I our society; and I agree with that com- not effectually obliterate the distinc- yield myself such time as I may con- pletely. tion between what is national and what sume. In fact, when I was a United States is local and create a completely cen- Mr. Speaker, I rise in respectful op- Attorney, I had the responsibility that tralized government. That is a warning position to the motion to instruct con- I did not ask for of prosecuting a hate by the United States Supreme Court. ferees. I think it is important to re- group. That group was known as The They also said in another case, we member at this juncture that this pro- Covenant, the Sword and the Arm of are also familiar with, in United States vision is attached to the Defense au- the Lord. It was in northern Arkansas. v. Morrison, something I believe in, thorization bill, and this is the Ken- It was in my district. which is an expansion of the Violence nedy hate crimes legislation. It was That group, led by James Ellison, Against Women Act, to create a civil not part of the House package. It was had targeted homosexuals. It had tar- cause of action for criminal conduct not considered in the House. I say that geted minorities from Jewish Ameri- that was engaged in because of some- because I know that we do that in this cans to African Americans. They had one’s gender, which allowed them to body, where something is considered in blown up a Jewish synagogue in Mis- bring a civil lawsuit. the Senate, it is considered in the con- souri. They had killed a pawnshop The court struck that law down, as ference; but it certainly is something owner in Texarkana, Arkansas, because well, and said, ‘‘The Constitution re- that has not been considered and de- they perceived that he was Jewish. It quires a distinction between what is bated in this body. I think that makes was clearly a hate group. It was a hate truly national and what is truly local,’’ a difference as we consider this motion group that had violated the law. obviously citing the Lopez case, ‘‘and to instruct. I prosecuted that group. At the same recognizing this fact, we preserve one Let me first look at what this Ken- time I prosecuted them, they had tar- of the few principles that has been con- nedy amendment in the Defense au- geted my family for assassination. So I sistent since the clause was adopted, thorization bill provides. It is the hate know something about hate groups. I the regulation and punishment of crimes amendment. It is what the mo- certainly have not been the victim of intrastate violence that is not directed tion to instruct binds this body to sup- racial discrimination; I would never at the instrumentalities, channels, or port in the conference. It, first of all, say that. But I know about hate goods involved in interstate commerce expands the protected groups to in- groups. has always been the province of the clude gender, sexual orientation, or From that experience, I see how States.’’ disability. wrong they are for society. I see the Now, what is important to remember So clearly, we have some warnings poison they are for the new generation from the Supreme Court. Is it constitu- is that we already have a Federal coming up. We should do everything in crime. There is a Federal crime to tional? They have raised some ques- our society that is appropriate, that we tions about it. interfere with anyone’s exercise of a can stand against this. We should The Washington Post, not exactly a federally protected activity. This could speak out against it. We should express conservative journal, editorialized and be voting, this could be traveling, outrage by it and prosecute them to said, ‘‘rape, murder and assault, no interstate commerce, exercising any the fullest extent of the law. matter what prejudice motivates the number of federally protected rights. I would personally love to be a pros- perpetrator, are presumptively local It is a Federal crime if those rights ecutor that would go from jurisdiction matters in which the Federal Govern- are interfered with because of race, be- to jurisdiction prosecuting hate groups ment should intervene only when it has cause of color, because of religion or and those that engage in hate crimes. I a pressing interest. The fact that ha- ethnicity. So that is the current state think we have to do that. tred lurks behind a violent incident is of the law. The Kennedy amendment So with that background, I want to not, in our view, an adequate Federal would expand those protected rights to say that targeting any group because interest.’’ A constitutional warning by include other categories, as I men- of race, gender, sexual orientation, re- the Washington Post. tioned, gender, sexual orientation, and ligion, or disability should not be toler- disability. ated in any civilized society. But it So certainly there should be some The second point that needs to be should most certainly not be tolerated questions about is this the right direc- made about the Kennedy amendment is in the freest country in the world, the tion to go constitutionally. Secondly, that it makes it a Federal hate crime, United States of America. even if we say that it is, is it nec- and it creates the Federal hate crime But then we come back to the first essary? and expands it without the require- question, and that is, is this expansion I would point out, and I am pleased ment of a federally protected activity. of Federal jurisdiction constitutional? with this, that our Federal sentencing This is a significant difference from guidelines, based upon the direction the current law. What we need to re- b 1500 given by the United States Congress, member is that this is a significant, We are all aware of the warnings that they have enhanced the penalties for substantial expansion of Federal juris- have been given by the United States hate crimes, but they have done it diction over crime in our country. Supreme Court. We recall the Lopez de- after the conviction when it is appro- It is not always wrong to expand Fed- cision, which arose out of our expan- priate to consider the targeting of a eral jurisdiction. As has been pointed sion of Federal criminal jurisdiction to minority group as a factor in increas- out, we have done that from time to guns being found in school zones and ing penalties. time in this body. But whenever we ex- we said that ought to be a Federal This is what the Federal sentencing pand Federal jurisdiction, we should crime. The United States Supreme guidelines says: ‘‘If the finder of fact at ask some basic questions. First of all, Court said, but even these modern-era trial, the court at sentencing, deter- is this expansion constitutional? That precedents which have expanded Con- mines beyond a reasonable doubt that is the responsibility we have. Secondly, gressional power under the Commerce the defendant intentionally selected

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.000 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17825 any victim or any property as the ob- right-thinking people abhor hate Mr. CONYERS. Mr. Speaker, I yield ject of the offense of conviction be- crimes. The real issue before you is myself 30 seconds. cause of the actual or perceived race, whether the acts of violence covered by Mr. Speaker, my friend from Arkan- color, religion, national origin, eth- the proposed statute, which are already sas (Mr. HUTCHINSON) mentioned the nicity, gender, disability, or sexual ori- criminal offenses under State law and Laramie, Wyoming tragedy with Mat- entation of any person, the penalty which may already be Federal crimes thew Shepard. should be increased by three levels.’’ as well, are not being adequately pros- Yesterday, here on the Hill, the po- And, as we all know, that is a signifi- ecuted and punished at the present lice chief of Laramie, Wyoming, joined cant increase in the amount of time time.’’ us in support of our hate crimes pre- that they would be incarcerated. In other words, why is a new Federal vention act. He met with us yesterday. So the current state of the law is statute needed? I might point out that the National that the targeting of these special And so again the question, is it con- Sheriffs Association supports this mo- groups is a significant Federal factor in stitutional; and secondly, if it is, is it tion to instruct and the International enhancing punishment. That is right. necessary under the present cir- Association of Chiefs of Police supports That is appropriate. But that is a dif- cumstances? this motion to instruct. ferent scheme than making a special The reason I bring these questions up Mr. Speaker, I yield 11⁄2 minutes to Federal statute that would give special is that my colleagues might conclude the gentleman form Missouri (Mr. protection to certain groups. ultimately after we debate this that Skelton), the ranking member from The second thing I would point out, the answer is yes, yes and we need to the Committee on Armed Services. is it necessary, is what are the States do this, but is the appropriate time to Mr. SKELTON. Mr. Speaker, I thank doing in the current prosecutorial consider it in a conference report the gentleman for yielding me the scheme? which is not being considered by the time. The minority leader mentioned the House? Mr. Speaker, I rise in support of the cries of the mother of Matthew In fact, we are instructing the con- Conyers motion. ferees to go to this particular Kennedy Our Nation has seen far too many Shepard, calling that this is not to be proposal when in fact there is also the cases of violent criminal acts related tolerated in our society and how we Hatch proposal. Senator HATCH offered to prejudice, bigotry, and intolerance. should honor the victims of violence. a proposal that was adopted as well and Recently, the Federal Bureau of Inves- And we should honor them. But in Mat- it addresses hate crimes, but it does it tigation has reported a significant thew Shepard’s case, a homosexual col- in this way: it creates more funding for number of cases involving violence di- lege student, as my colleagues know, the States and their prosecution of rected against a member of a religious, that was murdered in Laramie, Wyo- hate crimes, so it gives more resources ethnic, disabled, race-based, or gender- ming, it was a State court prosecution and grants to the States. specific association. Statistics show in which one the defendants pled guilty The second thing it does, in a very that nearly 8,000 such acts of violence and got two consecutive life sentences. thoughtful way, is that it creates a have occurred annually since 1994. They might create a Federal hate study to examine the efficacy of the Society cannot and should not tol- crimes statute that they will not get current law. Do we really need it? Is it erate the cowardly, mean-spirited, and any more than that. And the other necessary? And this is another ap- hateful acts that we call hate crimes. could be facing the death penalty when proach. Indeed, such hate-based acts have a it is tried in October. So I would say, let us do not bind our deeper impact on society other than Another one, the murder of James conferees that they have to go a par- crimes. They are injurious to the com- Byrd, a horrendous crime in Texas tar- ticular direction. There are other op- munity and are often committed by of- geting an African American, it was a tions that should be considered. fenders affiliated with large, extended State prosecution in which the jury So, my fellow colleagues, I believe groups operating across State lines. gave death by injection rather than life that there are some important ques- From my own observation, having in prison. And so, it was the ultimate tions that say let us do not adopt this been with numerous people who have, punishment that was meted out in this binding motion to instruct our con- unfortunately, sustained physical dis- case under a State prosecution. ferees. ability, I have witnessed the ugly face In Alabama there was a slaying of Finally, I think there is an issue of of discrimination. I personally know Billy Jack Gaither, who was beaten to fairness that troubles some people. the pain resulting from malicious acts death and then burned by kerosene- Should certain groups in America when and bigotry as it relates to disabilities. soaked tires. The men who murdered a it comes to crimes of violence be enti- I wish to stress this point. homosexual over unwanted advances, tled to greater resources in investiga- As a former State prosecuting attor- that perpetrator will avoid the death tion and different laws in the prosecu- ney, I do not view this proposal lightly. penalty only because the family re- tion than other groups? This is funda- Although the ability to prosecute quested that the death penalty be mental. It is difficult because we all crimes against individuals exists waived. That was a State prosecution. know that there is a problem in our so- today, the Senate bill would provide I could go on and on in which State ciety when we target minority groups prosecutors with more tools with prosecutions have been successful not or groups that are targeted because of which to fight crimes in which bias, in 40 years, not in 50 years, but in the disability or any other reason. They prejudice, and discrimination are moti- maximum penalty in these particular should be punished to the full extent of vating factors. cases. the law, and we need to send a signal to I urge my colleagues to support the True, and I am delighted, that in our society that it is not tolerable. But Conyers motion to instruct. many of those instances Federal re- there are ways to send that signal rath- Mr. HUTCHINSON. Mr. Speaker, I re- sources have been devoted to make er than considering a massive expan- serve the balance of my time. sure that they were able to obtain the sion of Federal jurisdiction. Mr. CONYERS. Mr. Speaker, I am de- conviction of the perpetrator. My colleagues, these are serious lighted now to yield 21⁄2 minutes to the Finally, I would point out the testi- issues and I do not believe the right gentleman from Virginia (Mr. SCOTT), mony of a judge who testified in the place to approach it would be in the the ranking subcommittee member Senate Committee on the Judiciary on conference. We need to come back and that has handled this subject matter. this particular bill. In this case it was sort through each of these, as the Su- Mr. SCOTT. Mr. Speaker, I thank the Judge Richard Arcara who testified in preme Court has directed. gentleman for yielding me the time. opposition to the hate crimes legisla- So I would ask my colleagues to op- Mr. Speaker, I will be voting in favor tion; and he stated, ‘‘The issue is not pose the motion to instruct. of the advisory motion to the conferees whether we are for or against the pros- Mr. Speaker, I reserve the balance of on the Defense authorization bill, but I ecution of hate crimes. All decent, my time. do so with some reservations.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17826 CONGRESSIONAL RECORD—HOUSE September 13, 2000 I am in full support of legislation to Ms. BALDWIN. Mr. Speaker, I rise in woman named Jody Bailey just last punish hate crimes. Those crimes ter- strong support of this motion. This year, 20 years old, an African American rorize our community and they are dif- provision would strengthen a Federal shot to death simply because of her ferent from other crimes, and they hate crimes statute that has been on race, because she was dating a white should be prosecuted vigorously and the books for over 30 years. The 1968 person, bullets pumped into her car and punished more severely. law already covers hate crimes com- she was killed for that reason alone. A However, as we enact hate crime leg- mitted on the basis of race, religion, young girl 6 years old, Ashley Mance, islation, we have to be careful to do so color, or national origin. This provi- killed because a skinhead thought it without impugning First Amendment sion would add coverage for victims was her race and it was not against her freedoms and at the risk of skewing or- targeted for violence by virtue of their but against her race that he shot her. dinary criminal penalties. sexual orientation, gender, or dis- We had another case in my home Hate crime provisions adopted by the ability. State involving several teenage men Senate in its Defense authorization bill We hear from opponents that every who killed a man brutally simply be- appear to allow evidence of mere mem- crime is a hate crime; that every act of cause he made a pass at them. That is bership in an organization and mere be- violence is an act of hate, but since the wrong. That is not right, and the Fed- liefs to be introduced in prosecutions founding of our country our judiciary eral law needs to be guaranteeing that for activities described in those provi- system has weighed the element of in- somebody is prosecuted and given extra sions. We should have an amendment tent in evaluating the severity of punishment on top of the underlying to prohibit the use of such evidence be- crime. crime and the underlying punishment cause allowing introduction of mere The thing that distinguishes hate if one commits a crime principally for membership in an organization may be crimes from other crimes is that hate that reason; just as we have laws that highly prejudicial and inflammatory to crimes are intended to terrorize both say if someone commits a crime with a the jury. the crime victim and the entire com- gun they get extra punishment on top Recent reviews of death penalty munity that each victim represents. of their underlying sentence for the un- cases have revealed that many defend- Wyoming is a long way from Wis- derlying crime because it was com- ants who are factually innocent are consin. Yet in the days and months mitted with a gun. convicted anyway. Telling a jury that that followed the murder of Matthew I support both. I think they are rea- a defendant belongs to an unpopular Shepard, I looked into many fear-filled sonable messages and necessary mes- organization only increases the chance faces and tear-filled eyes in my own sages to be sent out there. Unfortu- that the jury will decide the case based community. These crimes do strike nately, even though most States have on emotion rather than the evidence. terror throughout the Nation. hate crimes laws there are a few that Evidence of motivation behind the Yesterday, I met Commander David do not, and in those States that do not crime ought to include something in O’Malley. He was the investigator in have hate crime laws that enhance addition to mere membership in an or- Laramie, Wyoming, and he came to these punishments for crimes solely or ganization or beliefs. Washington to support our passage of principally because of race or religion In addition to the constitutional, Mr. this motion. He said two things: one is or sexual orientation or gender or dis- Speaker, the provisions of the bill ap- that in starting out the investigation ability, I believe in those States that parently allow a person guilty of what he really did not believe that hate do not have them or in those States would ordinarily be simple assault and crimes existed but, boy, did he learn where they are there and some law en- battery to receive a 10-year sentence if during the course of his investigation forcement officer for whatever reason they can prove the appropriate motiva- that these are specific crimes, and he chooses not to prosecute, Federal pros- tion. urged us to pass this motion. ecutors should have that authority; Mr. Speaker, this motion to instruct Mr. CONYERS. Mr. Speaker, I yield 3 and that is what this provision gives conferees is aimed at a Defense author- minutes to the gentleman from Florida them. ization bill that will be considered not (Mr. MCCOLLUM), the chairman of the That is what the Kennedy provision, by the Committee on the Judiciary, Subcommittee on Crime of the Com- the Conyers provision gives them, one I which ordinarily considers constitu- mittee on the Judiciary. support strongly. tional and criminal law implications in Mr. MCCOLLUM. Mr. Speaker, I It also is true that this legislation a bill, if we had considered the provi- thank the gentleman from Michigan provides money, a grant program, to sions in the Committee on the Judici- (Mr. CONYERS) for yielding me this help assist those law enforcement com- ary, we could have considered the ap- time. munities that do have their own hate propriate amendments to deal with the Mr. Speaker, hate crimes are just crimes laws to enforce them. There admission of evidence and could have plain wrong. They are crimes against should be a clear and unequivocal mes- ensured that the provisions were more an individual committed by somebody sage sent to anybody out there re- proportional for the crime committed. principally or solely because of race, motely contemplating a crime because To address these issues, I have sent a religion, sexual orientation. They are they hate somebody because of their letter to the chairman of the Sub- committed not against the individual race, their religion, their sexual ori- committee on Crime asking that he so much as against a class of people, entation. If they commit such a crime, immediately schedule a hearing on and they tear at the very fabric of our they are going to get punished for a hate crime legislation so that we can society because they do that. very, very long time; and there is a consider these issues in an intelligent I cannot think of a more heinous special place for them in the Federal and thorough manner. crime that deserves any greater pun- This is a very important piece of leg- prisons if the States do not do it. ishment than a crime committed for Mr. Speaker, I strongly support the islation. We need hate crime legisla- that reason. That is why for a long legislation before us and the motion to tion, but it has to be done right. I will be voting for the amendment, time I have been a supporter of hate instruct conferees, and I encourage all with those reservations. crimes legislation that is now before us of my colleagues to support it. in this fashion today and why I strong- Mr. HUTCHINSON. Mr. Speaker, I re- b 1515 ly urge my colleagues to support this serve the balance of my time. Mr. HUTCHINSON. Mr. Speaker, I re- effort to instruct conferees in the only Mr. CONYERS. Mr. Speaker, I yield serve the balance of my time. way that we can achieve this goal of 11⁄2 minutes to the gentleman from Mr. CONYERS. Mr. Speaker, I yield putting into law a Federal provision Massachusetts (Mr. DELAHUNT), himself 11⁄2 minutes to the gentlewoman from that is overdue and needed in this case. a prosecutor and member of the Com- Wisconsin (Ms. BALDWIN), a distin- I can say not only about the Matthew mittee on the Judiciary. guished member of the Committee on Shepards of the world but I can say Mr. DELAHUNT. Mr. Speaker, my the Judiciary. about cases in my own State, a young friend, the gentleman from Arkansas

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(Mr. HUTCHINSON), asked, Is this legis- Mr. CONYERS. Mr. Speaker, I yield 1 Mrs. LOWEY. Mr. Speaker, I rise in lation necessary? And he points to the minute to the gentlewoman from New support of this motion to instruct con- murder of Matthew Shepard in Wyo- York (Mrs. MALONEY). ferees. The American people have wait- ming who died for no other reason Mrs. MALONEY of New York. Mr. ed far too long for the passage of com- other than he was gay, and to James Speaker, I rise in strong support of this prehensive hate crimes legislation, and Byrd in Texas who died for no reason motion. We have waited much too long we have an important opportunity than because he was black, and I would to strengthen hate crime laws. This today to show our support for this ini- add Joseph Ileto of California who died motion will expand the definition to tiative. Each day we hear stories of for no other than reason other than he include crimes motivated by gender, hate groups actively recruiting mem- was Asian. Is there a need? I submit sexual orientation, and disability bers in our communities, often mask- there is a clear need. among the list of crimes considered as ing their hatred with religion. These When such actions take place in hate crimes. If criminals are motivated groups incite the enmity and violence other countries, when individuals are by bias, then prosecutors should have which tear at the very fabric of our so- persecuted because of their identity, the ability to seek a higher penalty. ciety. The good news is that some whether it be racial or religious, our I feel strongly about this because States, like New York, have finally re- law, the United States law, recognizes earlier this year over 50 women were sponded decisively to the destructive this is no ordinary crime and grants beaten, surrounded, robbed, stripped in forces of hate-based violence. The bad them a remedy. We entitle them to pe- Central Park in my district. There is news is that Congress has consistently tition for asylum. Why would we do one thing all these victims had in com- squandered the opportunities we have less to protect our own citizens from mon. They were from different coun- had to address this phenomenon, drag- the very same crimes? tries, different ages, different races and ging our feet while senseless hatred de- Is there a need? Yes, there is a need. religions but all of them were women. stroys communities throughout the Some have said we should not pass this The mob went after these victims sim- country. law because hate crimes are a local ply because they were women. It is past time to hear the cries and Hate crimes create a climate of fear matter. Well, I agree, and I know that appeals of the victims of hate crimes that keep a particular class of people the authors of this legislation, this mo- and their families. We need to pass a from participating fully in society. As tion, also agree. The vast majority of Federal hate crimes law and give law Americans, we cannot let this stand. those crimes are investigated and pros- enforcement officers the tools they This motion also includes my bill, the ecuted at the State and local level. In need to fight these crimes. We need to Hate Crimes Statistics Improvement this measure, if it is enacted, it will pass comprehensive gun safety legisla- Act, that requires the FBI to gather continue that same status quo. All this statistics about gender-based hate tion, to keep dangerous firearms out of legislation will do is to ensure, when crimes as well. the hands of people who will perpetrate local authorities request assistance, or This is an incredibly important mo- hate-based violence. We need to invest are unable or unwilling to act, Federal tion. We must all support it. It is im- in the education of our children to law enforcement agencies will have the portant. teach them by example to embrace the ability to come to their aid. That is Mr. HUTCHINSON. Mr. Speaker, I re- diversity of our society. We need to why the sheriffs of this country and the serve the balance of my time. find a way within constitutional chiefs of police in this country support Mr. CONYERS. Mr. Speaker, I yield 1 bounds to diminish the damaging ef- this legislation. minute to the gentlewoman from Indi- fects of hate speech in our commu- Support the motion. anapolis, Indiana (Ms. CARSON). nities; and we need to do it now, before Mr. CONYERS. Mr. Speaker, I yield 1 Ms. CARSON. Mr. Speaker, I thank one more person among us has to minute to the gentlewoman from the gentleman from Michigan (Mr. mourn the loss of a loved one to a Maryland (Mrs. MORELLA), a leader in CONYERS) on his motion to instruct the senseless hate crime. Inaction in the the Violence Against Women Act. conferees on H.R. 4205, urging us to face of this tragic, dangerous trend is Mrs. MORELLA. Mr. Speaker, I adopt the Senate provisions on hate indefensible. thank the gentleman from Michigan crimes, and I would certainly like to Mr. HUTCHINSON. Mr. Speaker, I (Mr. CONYERS) for yielding. I thank applaud those who have spoken in this yield myself such time as I may con- him for offering what is an important effort prior to the time that I have sume. motion to instruct the conferees in the been here. Mr. Speaker, I just wanted to jump DOD bill. Unfortunately, because leadership into this particular point in the debate. This, of course, was a separate bill to has had a strange hold on hate crimes It is just amazing how much we agree begin with. We do not have time to try legislation preventing its advancement upon. We are expressing outrage about to pass a separate bill. It is critically in the House, I am questioning what it hate crimes, and I tried to express that important that this Congress indicate is that we are waiting for. I spoke at a same outrage when I was a Federal their belief that hate crimes will not be vigil down the street at the Senate prosecutor. I certainly have tried to ex- tolerated and we will use all of the re- Park a couple of months ago on behalf press it in the United States Congress. sources available to make sure that of the family of Arthur Warren, AKA I know that those in the State legisla- that is the case. Jr., J.R., who was beaten by two 17- ture and here in our national body we Hate crimes are different from other year-olds who had confessed to that all are looking for ways to express our crimes. For example, just think of the first degree murder but a trial has not outrage of this. I think we are doing it situation of Matthew Shepard, Tony yet begun. Arthur was 26 years old. He fairly effectively. This debate is a Orr, Timothy Beauchamp, James Byrd, was gay. He was beaten and ran over means of doing that. the Jewish Day Care Center in Los An- twice, several times, with an auto- b 1530 geles. They affect not only the victim mobile and then taken across town and but an entire community. dumped out in the street. Mr. Speaker, there is really broad The House Committee on the Judici- This motion to instruct conferees is a agreement, when we say it is intoler- ary held hearings back in August. The vital effort, and if there is anything able in our society for someone just be- need has been there. We are all Ameri- that this Congress should do prior to cause they are African American or cans. We cannot tolerate bigotry or the adjournment, it would be to adopt just because they are Jewish that they hate in any way at all, and it is very the motion to instruct conferees of the be targeted or just because of their sex- important that we do pass this motion gentleman from Michigan (Mr. CON- ual orientation. It is abhorrent in our to instruct the conferees and show that YERS). society that they be targeted because we are Americans and we do care about Mr. CONYERS. Mr. Speaker, I yield of those characteristics, so we need to each other. 11⁄2 minutes to the gentlewoman from stand against this at every possible op- So I ask this body to support it. New York (Mrs. LOWEY). portunity.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17828 CONGRESSIONAL RECORD—HOUSE September 13, 2000 I think the debate, though, and real- orientation, religion, and ethnicity or not aggressively enforcing existing ly the sense of disagreement is whether other groups should warrant a different law, then we should focus there, and we want to have a Federal concurrent penalty. These crimes are designed to yet I believe that as the gentleman jurisdiction for virtually all violent send a message. We do not like your from Arkansas (Mr. HUTCHINSON) men- crime similar to the way we do it with kind, and here is what we are going to tioned, we are attempting in essence to our drug war. do about it. criminalize abhorrent but lawful Right now, if anyone has any drug of- So why cannot we punish crimes mo- thought, and I think that is a step too fense, it can be brought into State tivated by hate differently than other far, especially having been one who court or Federal court, it is totally crimes? served in State courts in Missouri. concurrent jurisdiction. And basically I believe we must stand up as a Con- I think, Mr. Speaker, when I ref- you are going to have a review of all gress and as a country to pass hate erence the criminal justice system and violent crime to see if it was motivated crimes legislation to make our laws conjure up the image of all of those by one of these biases that is referred tougher for the people who will carry cases that I had the opportunity to par- to that covers a special category. If it out these heinous acts. ticipate in, I think of the Goddess of was a perceived special category, and Mr. HUTCHINSON. Mr. Speaker, I Justice. There is a statue just across that is always going to be reviewed and yield 3 minutes to the gentleman from the street depicting the Goddess of Jus- as the gentleman from Virginia (Mr. Missouri (Mr. HULSHOF), certainly his tice and she stands there with scales in SCOTT) appropriately made the expres- expertise as a State prosecutor is one hand and blindfold across her eyes, sion of concern, that are we going to be meaningful. and I think the thought and the sym- examining everyone’s thought. I think Mr. HULSHOF. Mr. Speaker, I thank bolism is that decisions that are made the gentleman says that we need to the gentleman for yielding the time to in our courtroom should be made not really look at this very carefully. He me and certainly appreciate the tenor based on prejudice or not elevating one has some reservations about it. of the debate, especially hearing the group over another, but should be ap- The reservations that the gentleman experiences of my friend, the gen- plied consistently, and because of that, raised are reservations that some on tleman from Arkansas (Mr. HUTCH- then I ask for a no vote on Mr. Con- this side have as well. And as the mi- INSON) and his experiences as a Federal yers’ motion. nority leader said, it is not a partisan prosecutor. Mr. CONYERS. Mr. Speaker, I yield 1 issue. It is really a question here of ap- Before coming to this body, I began minute to the gentleman from Massa- proach, and the direction that we are my legal career as a court-appointed chusetts (Mr. FRANK). going to go in our Federal law enforce- public defender, and one of the last Mr. FRANK of Massachusetts. Mr. ment. cases I had the occasion to defend was Speaker, first, I want to congratulate And I just wanted to say that I agree a murder case. My client was an Afri- the gentleman from Arkansas (Mr. with much of what is being said today, can American who was facing the death HULSHOF) and, finally, finding someone and the terribleness in our society of penalty. Shortly, thereafter I switched to come, give him a little relief. He was crimes against particular groups. I sides in a courtroom and began pros- looking awfully lonely. The relief falls think it is just simply a matter of a ecuting criminal cases and handled a little short. different approach that I would take, some 16 death penalty cases through- First, the gentleman from Missouri and we need to look at this very, very out the State of Missouri. said, we are criminalizing abhorrent carefully. I have heard these very powerful thought, no not anything in here comes Mr. Speaker, I reserve the balance of testimonials from all Members, includ- remotely close to criminalizing my time. ing my colleague, the gentleman from thought, nothing is criminal under this Mr. CONYERS. Mr. Speaker, I yield 1 Missouri, who spoke at the beginning bill, unless you hit somebody, shot minute to the gentleman from New in favor of Mr. CONYERS’ motion. I, too, somebody, stabbed somebody, there is York (Mr. CROWLEY). have held the hands of family members nothing in this bill that criminalizes Mr. CROWLEY. Mr. Speaker, I rise who have been murdered, the mothers thought, the right to burn crosses and today in strong support of the Conyers and wives as we waited for juries to re- engage in hate speech, first amendment motion to instruct conferees on the De- turn with their verdicts, and wondering protected, remains totally undimin- fense Department authorization bill to whether or not the State’s cases pre- ished. recede to the Senate position and re- vail and often they did. Secondly, the gentleman said, I men- tain the inclusion on the Local Law But I agree also with the gentle- tioned places where there are prosecu- Enforcement Enhancement Act, which woman from Wisconsin. My experience tors and police who are not fully en- is the Senate’s version of H.R. 1028, the has shown that all murder cases are forcing the law, fortunately a small hate crimes legislation. hate crimes, and what I think we are minority against particular groups, Now, I notice some people believe attempting to do today is really legis- and he says focus on them. Kill this that hate is not an issue when pros- late by headline. The fact that the bill and you cannot focus on them. ecuting a crime. They say our laws al- tragedy that occurred to the Matthew That is what the bill does. ready punish the criminal act and that Shephard family, the killers of Mat- This bill does not generalize a Fed- our laws are strong enough. I answer thew Shephard deserve, in my esti- eral criminal presence. It gives the At- with the most recent figures from 1998 mation, the death penalty not because torney General the right in a restricted when 7,755 hate crimes were reported in of who he is or what sexual preference set of circumstances to enter into pros- the United States. he had, but because the facts fit the ecutions, and we envision the cir- According to the FBI, hate crimes case. cumstance would be where a vulnerable are under reported, so the actual figure The murder of James Byrd down in group was being victimized and was not is much higher. And I say to my col- Texas that has been referred to, his getting the protection. So without this leagues, penalties for committing a killers, in my estimation, deserve jus- legislation, we cannot do what the gen- murder are increased if the murder tice throughout the death penalty, not tleman from Missouri says we should happens during the commission of a because of who he was or the color of do, focus on those situations. crime. Murdering a police officer is his skin, but because the facts fit the Mr. CONYERS. Mr. Speaker, I yield considered first degree murder, even if case. 11⁄2 minutes to the gentlewoman from there was not premeditation. Commit- In the earlier debate, and I was lis- California (Ms. PELOSI). ting armed robbery carries a higher tening to my colleague from Massachu- Ms. PELOSI. Mr. Speaker, I thank punishment than petty larceny. setts (Mr. FRANK) in the debate with the gentleman from Missouri (Mr. CON- There are degrees to crime and com- the gentleman from South Carolina YERS) for yielding me the time and mitting a crime against somebody be- (Mr. GRAHAM), if there are prosecutors thank him for offering this motion to cause of their race, color, sex, sexual or police across this Nation that are instruct conferees.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17829 By doing so, under his leadership, he hate are an assault on all of us, and we must Mr. LEWIS of Georgia. Mr. Speaker, gives this body today a great oppor- take stronger measures to prevent and punish I want to thank my friend and col- tunity, an opportunity to say that hate these offenses. league, the gentleman from Missouri crimes have no place in our country. Opponents of this measure have argued (Mr. CONYERS) for yielding the time to The gentleman from Missouri (Mr. that this is an issue that should be left to the me. HULSHOF) argued that there is no need states. However, Congress has passed over Mr. Speaker, I rise in support of the for a Federal hate crimes legislation, 3000 criminal statutes addressing harmful be- motion to instruct conferees. Hate is because assault and murder are already haviors that affect the Nation’s interests, in- hate. Hate is hate. It is based on race, crimes. cluding organized crime, terrorism, and civil on color, on religion, national origin or However, the brutality of these hate rights, violations. Thirty-Five of these laws sexual orientation. No one, but no one crimes speaks to the reality that have been passed since the Republicans took is born hating. Little babies do not whether a person is targeted for vio- control of Congress in 1995. know hate. lence, because of his or her sexual ori- Others have argued that there is no need They do not know sexism. They do entation, race or other group member- for federal Hate Crimes legislation because not know racism, but our society will ship, the assailant intends to send a assault and murder are already crimes. How- change the little babies before they be- message to all members of that com- ever, the brutality of these crimes speaks to come adults. We teach people how to munity. The message is, you are not the reality that when a person is targeted for hate, to hate someone because of their welcome. violence because of their sexual orientation, color, because of their race, because of The effort to create an atmosphere of race, or other group membership, the assail- their religion, because of their sex or fear and intimidation is a different ant intends to send a message to all members sexual orientation. type of crime, and it demands a dif- of that community. That message is you are As I said before, nobody, Mr. Speak- ferent kind of response. All Americans, not welcome. er, is born hating, but too many people all Americans have a right to feel safe The effort to create an atmosphere of fear in our society grew up hating, and they in their communities. and intimidation is a different type of crime, get involved in hate crime against This bill counters this message of in- and it demands a different kind of response. someone because of their religion, be- timidation. This motion to instruct All Americans have a right to feel safe in their cause of their color, because of their sends a strong statement that our soci- community. sex or sexual orientation. There is no ety does not condone and will not tol- The Local Law Enforcement Enhancement room in our society to hate or be vio- erate hate-based crimes. Passage of Act of 2000 counters this message of intimida- lent towards someone because of their this motion to instruct would not end tion with a strong statement that our society race, their color, their national origin, hate-based violence, we know that, but does not condone and will not tolerate hate- their religion or sexual orientation. With this legislation, Mr. Speaker, it would allow the Federal Government based violence. In addition, passage of this we will send a strong and powerful to respond and take action. legislation will increase public education and message that we are one family, one Mr. Speaker, I urge my colleagues to awareness, increase the number of victims people, one Nation. I urge all of my col- vote yes on the motion to instruct. It who come forward to report hate crimes, and leagues to support the motion to in- is necessary, Mr. Speaker, because increase reporting by local law enforcement to struct conferees. these tragic murders and the sufferings the FBI under the Hate Crimes Statistics Act. Mr. CONYERS. Mr. Speaker, I yield that were, for example, experienced by In addition to a bipartisan group of 192 30 seconds to the gentleman from Mas- the Byrd family and the family of Mat- House sponsors, this bill is supported by 175 sachusetts (Mr. FRANK). thew Shephard have experienced are civil rights, religious, civic and law enforce- Mr. FRANK of Massachusetts. Mr. not isolated incidences. ment organizations, including the National Speaker, I want to return to the allega- According to the FBI, 87 incidences Sheriff’s Association, the Federal Law En- tion that this criminalizes thought. of hate crimes based on race, religion, forcement Officers Association, the Hispanic Here is the operative phrase which con- national origin or sexual orientation National Law Enforcement Association, the trols any new crime, whoever willfully took place in 1996 alone. There is a National Center for Women and Policing, and causes bodily injury to any person or need for this. I urge my colleagues to the National Organization of Black Law En- through the use of fire, a firearm or an support the motion to instruct. forcement Executives. explosive or incendiary device at- Mr. Speaker, in recent years we have Hate crimes take many forms and affect tempts to cause bodily injury to any mourned the deaths of Matthew Sheppard, a many different kinds of victims. As a Member person. gay college student in Wyoming, and James of Congress who has the privilege of rep- Absent that phrase, there is no crime Byrd, an African-American man in Texas. resenting a district with a large number of gay committed, so this only applies by its These brutal killings are reminders of the vio- and lesbian people, I find it interesting when I explicit language to actual injury or lence and harassment that millions of Ameri- hear people talk about tolerance for gay and attempts to injure with a fire or fire- cans are subjected to simply because of their lesbian people because in our community the arm or an explosive or incendiary de- sexual orientation, race, religion, or other issue of tolerance was resolved long ago. We vice. group membership. not only tolerate our gay and lesbian friends Mr. HUTCHINSON. Mr. Speaker, I I had the privilege of introducing members and neighbors, we take great pride in them yield 30 seconds to the gentleman from of each of their families at the Democratic Na- and in the contribution that they make to our Missouri (Mr. HULSHOF). tional Convention last month. There they community in San Francisco, indeed to our Mr. HULSHOF. Mr. Speaker, my re- spoke movingly of their slain loved ones and great country. sponse to the gentleman from Massa- the impact that crimes motivated by hate have Murders and assaults that target African- chusetts (Mr. FRANK) would be that if on families and communities. Americans, Jewish-Americans, Hispanics, the bias of an accused defendant is These tragic murders and the suffering that Gays and Lesbians, or any other group are made relevant then would not the gen- these two families have experienced are, un- the manifestation of enduring bigotry that is tleman agree that any statements, any fortunately, not isolated incidents. According to still all too prevalent in our society. Passage of writings, any thoughts, any spray statistics kept by the National Coalition of Anti- this bill would not end all violence against painted slurs, any of these constitu- Violence programs, 29 Americans were mur- these communities. But it would allow the Fed- tionally protected, although abhorrent dered in 1999 because they were gay or les- eral Government to respond and take action statements, would then be part of the bian and there were more than 1,960 reports by investigating and punishing the perpetrators criminalization of the act? of anti-gay or lesbian incidents in the United of crimes motivated by hate. I urge my col- Mr. CONYERS. Mr. Speaker, I yield States, including 704 assaults. And according leagues to vote yes on the motion to instruct. 15 seconds to the gentleman from Mas- to the Federal Bureau of Investigation, in 1966 Mr. CONYERS. Mr. Speaker, I yield sachusetts (Mr. FRANK). there were over 8700 reported incidents of 11⁄2 minutes to the gentleman from Mr. FRANK of Massachusetts. Mr. hate crimes based on race, religion, national Georgia (Mr. LEWIS), the deputy whip Speaker, there has to be a prior phys- origin, or sexual orientation. Crimes based on on the minority side. ical criminal assault on someone else.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17830 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Then when you get to the sentencing got a death sentence. Every witness, local authorities do not have the re- and you get to the decision about pun- every witness that was called in sup- sources, but other times it is because ishment, you can take into account port of hate crimes legislation before they do not have the will. But the bot- motive. Yes, I would agree with the the Senate committee or the House tom line is that these crimes often go gentleman, you can take into account committee, were victims or family unpunished. Today we are asking our motive and motives that are some- members of a victim of a hate crime. It colleagues to go on record as to wheth- times constitutional when they are has been vindicated with the maximum er or not they will support a Federal part of a crime can be punished. penalty of the prosecution under State law to ensure that these crimes be prosecuted, but only when the State b 1545 law. So for this massive expansion of Fed- legal system breaks down. Many State Mr. HUTCHINSON. Mr. Speaker, I eral jurisdiction, is it a constitutional officials have asked for Federal legisla- yield myself such time as I may con- basis? Is it necessary? I appreciate the tion so that they can get help from sume. frankness of the gentleman from Vir- Federal authorities in handling these Mr. Speaker, if the ranking member ginia (Mr. SCOTT), the ranking member crimes because of the complexity of is prepared to close, I will go ahead and on the Subcommittee on Crime. I was the cases and because many of the pur- finish as our final speaker. aware of the letter that the gentleman veyors of hate operate across State Mr. Speaker, I wanted to come back wrote to the gentleman from Florida lines. to this debate; and, again, in listening (Mr. MCCOLLUM), the chairman of the Many of us in the House have already to some of the arguments that have Subcommittee on Crime, in which he been on record supporting Federal been made, I noticed that the gen- expressed concern from a constitu- criminal laws that are based on dis- tleman from Michigan (Mr. CONYERS) tional standpoint about the issues that criminatory acts. My earlier bill of referred to the police chief in Laramie, were debated by the gentleman from several years ago, the Church Arson Wyoming, who supports this legisla- Missouri, about whether this is going Act, is just the most recent instance of tion. In fact, the police chief of Lar- to require evidence of membership, be- what Members in this House have al- amie, Wyoming, was concerned about cause you have to prove the motivation ready voted for. This measure soon to the burden on the State as to how being a hate crime against a particular come up, the hate crimes bill from the much it costs in the prosecution. He group. So the issue will be membership Senate, follows that same pattern. needed financial help. It was not a mat- in organizations. Mr. Speaker, with the equal protec- ter that the case was not adequately There is a question that has been tion promise of the reconstruction investigated or prosecuted, because, raised by civil libertarians about that, amendments in the 19th century, the again, a life sentence was meted out. It and also some other questions raised, Federal Government assumed the duty is the burden on the States because of and ultimately they asked for more to ensure that all Americans are pro- these prosecutions in hate crimes. hearings. In other words, let us proceed tected from violence aimed at them Again, this is a Department of De- through. Now that we have the support simply because of who they are or how they lead their lives. So this is not a fense authorization bill. This is in con- of the chairman of the Subcommittee usurpation of State authority. It is a ference on a Kennedy amendment that on Crime, surely we can consider this backstop, and when the State system has not been considered in this body. legislation, consider the amendment, does not work, that is when this hate The question is, when there is the Sen- consider what is the best approach, ator Hatch proposal that would provide crimes law would kick in. rather than requiring our conferees on Mr. Speaker, it is consistent with the grants to the States that would address a defense authorization bill, where the concern of the police chief of Lar- rich civil rights tradition that goes all they do not have the expertise of the the way back to the 1930s when the late amie, Wyoming, perhaps that is the Committee on the Judiciary to debate best way to go. Dr. W.E.B. duBois and Ida B. Wells, an this issue. That is simply what I am African American civil rights fighter What is missing in this debate is the asking my colleagues. answer to the two questions that I before her time, supported the NAACP We are in great agreement that this anti-lynching laws, which have now raised: Is it constitutional, and is it is intolerable, targeting particular necessary? I listened to every speaker been extended through the Hate Crimes groups in our society. We are in agree- Act. We studied the 1938 Senate fili- on this side, and I did not see a recita- ment on that. It is simply a question of tion of where the constitutional basis buster on anti-lynch laws which went what is the right approach. I believe down. It was defeated in the face of is and how we respond to the Supreme the right approach is not directing our many of the same arguments that are Court when they cautioned this body in conferees to adopt a particular ap- being made today by opponents of this saying that every crime cannot be a proach on the defense authorization legislation. Federal crime. Again, quoting the Su- bill. I ask my colleagues to oppose this Ms. JACKSON-LEE of Texas. Mr. preme Court: ‘‘Indeed, we can think of motion to instruct. Speaker, will the gentleman yield? no better example of the police power Mr. Speaker, I yield back the balance Mr. CONYERS. I yield to the gentle- which the Founders denied the na- of my time. woman from Texas. tional government and reposed in the Mr. CONYERS. Mr. Speaker, I yield POINT OF ORDER states than the suppression of violent myself the balance of my time. Mr. HUTCHINSON. Mr. Speaker, I crime and vindication of its victims.’’ Mr. Speaker, I want to thank all of make a point of order. So I do not believe that has been an- the Members that have participated in The SPEAKER pro tempore (Mr. swered. Where is the constitutional this debate, and particularly the floor SIMPSON). The gentleman will state his basis? manager, the gentleman from Arkan- point of order. The second question that I raised is, sas (Mr. HUTCHINSON). I think we have Mr. HUTCHINSON. Mr. Speaker, it Is it necessary? Not one case has been been exhaustive on this subject and was my understanding that we would cited by my friends from the other side have moved in a very important way. close, so I closed. It was my under- of the aisle in which there was a hate The reason this debate has been as standing that the gentleman from crime in the States that was not inves- long as it has is because we have had Michigan (Mr. CONYERS) was going to tigated and not prosecuted. No case has one motion to instruct, the Graham close on behalf of his position. been cited. motion, which was turned away, and Mr. CONYERS. Mr. Speaker, if the Now, the gentleman from Massachu- now we have mine, which I hope will be gentleman will yield, I was yielding setts (Mr. DELAHUNT) referred to a cou- accepted. pursuant to a request to yield. If it is ple of cases in which there is a need be- The reason is that it is unrefuted the gentleman’s insistence, though, cause there was a hate crime. Well, the that many of the crimes with which we that I do not do it, I withdraw it. end of the story is that the States pros- are concerned are never prosecuted. Mr. HUTCHINSON. Mr. Speaker, if it ecuted, they got the life sentence, they Sometimes it is because the State and is for a unanimous consent request for

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17831 submitting a statement, there is cer- ity of hate crimes will still be prosecuted in and intolerance. And hate manifests itself in tainly no objection. state court. The federal Hate Crimes Preven- many ways. Hate can provoke terrorists to Ms. JACKSON-LEE of Texas. Mr. tion Act provides important protections to vic- commit unconscionable acts against innocent Speaker, will the gentleman yield? tims of violence, protections that supplement, victims. Hate can provoke rogue leaders to Mr. CONYERS. I yield to the gentle- not supplant, those available to victims in state persecute and intimidate members of an eth- woman from Texas. courts. I urge my colleagues to support the nic or religious group. And hate can provoke Ms. JACKSON-LEE of Texas. Mr. Conyers motion. fearful and desperate people to terrorize whole Speaker, I thank the gentleman for Ms. SCHAKOWSKY. Mr. Speaker, I am communities by committing hate crimes. yielding. proud today to stand with so many of my col- We must take action. We must protect our First, the gentleman made a very im- leagues to urge support for comprehensive country against terrorist acts, we must protect portant point, and I do have a unani- hate crimes legislation. I would also like to ethnicities from genocide, and we must protect mous consent request. I am sorry that thank Mr. CONYERS for his outstanding leader- vulnerable communities from hate crimes. the gentleman from Arkansas wants to ship in this area. His unwavering support and When a person terrorizes another, that person narrow the debate and not allow us to dedication to advancing civil rights has been a is guilty of a crime. When a person terrorizes yield. But I would ask unanimous con- beacon for us all. a community, that person is guilty of a hate sent for this Congress to do the right I hope my granddaughters Isabel and Eve crime. Whether the community is a religious thing and to support the motion to in- never know of violence motivated by bigotry one, an ethnic one, or one of sexual orienta- struct by the gentleman from Michigan and hate. Today we have the opportunity to tion, it deserves protection. (Mr. CONYERS) so that we can have a strengthen our hate crimes prevention law by The nation was shocked at the murders of Federal backstop to stop the killing expanding the definition of a ‘‘hate crime’’ to Matthew Shepard and James Byrd, Jr., as well and to stop the hate. include sexual orientation, as well as gender as the vile and senseless nature of the atti- Mr. CONYERS. Mr. Speaker, reclaim- and disability. These crimes tear at the fabric tudes which prompted these crimes. Many ing my time, this measure continues of our society and insidiously erode our prin- more hate crimes occur throughout the coun- the great struggle for equal justice of ciples of tolerance and diversity. Before this try that do not receive the level of publicity of all Americans that started in the 1930s Congress adjourns for the year, we must send the Shepard and Byrd murders. We must work with the anti-lynch laws. It has been a loud message that the safety of all people together to eliminate the underlying prejudices refined, it has been expanded, it has is paramount and anyone who commits a which kindle the hatred inherent in these had a constitutional basis that has crime based on bigotry and hate will be pros- crimes. We must also give our prosecutors the been very deeply rooted, and I urge and ecuted to the fullest extent of the law. laws and resources they need to properly thank all of the Members who will sup- I don’t want to be the one to explain to bring justice to the victims. Let me say again, port this motion to instruct. Ricky Byrdsong’s widow that he did not de- hate crimes do not just victimize a person, Mr. POMEROY. Mr. Speaker, I rise in sup- serve protection because he was killed walk- they also terrorize a community. That is why port of the Conyers motion to instruct con- ing outside of his house rather than while he they deserve recognition in the law for what ferees on the Defense Authorization bill. This was engaged in a ‘‘federally protected activ- they are—crimes that victimize a community. motion would direct conferees to agree to the ity.’’ And I don’t want to be the person who We must also be cognizant of protecting all federal hate crimes provision contained in the has to explain to the family of Matthew vulnerable groups. Gender, sexual orientation, Senate version of this bill. This provision pre- Shepard why this Congress was unable to and disability should be included along with serves the principle of federalism while recog- pass tougher laws that punish people who race, color, religion, and national origin as nizing the national imperative to prevent vio- commit crimes based on sexual orientation. human characteristics which are subject to lent crimes motivated by prejudice. The Byrdsong and Shepard families are not hate crimes and attacks and should receive The Hate Crimes Prevention Act (HCPA) alone. For every high profile, heinous hate the same federal protections. would provide new protections for individuals crime that makes it to the forefront of our na- I ask that you support Congressman CON- who are victims of violent crimes solely be- tional consciousness, hundreds and thousands YERS’ motion to instruct conferees to include cause of who they are. Specifically, it would of nameless victims and families have been the Hate Crimes Act in the Defense Authoriza- strengthen the existing definition of a federal targeted simply because of their gender, sex- tion bill. hate crime to include crimes motivated by the ual orientation and disability. Mr. BARR of Georgia. Mr. Speaker, I stand victim’s gender, sexual orientation, or dis- Since 1991, 60,000 hate crimes have been before you today to oppose Representative ability. I believe that this legislation would in- reported to the FBI and in 1998 alone, there CONYERS’ motion to instruct which purports to crease public education and awareness of were close to 8,000 hate crimes reported, al- include the Kennedy hate crime language in these crimes, encourage more victims to come most one every hour. Many argue that hate H.R. 4205. forward and seek justice, and perhaps most crimes cannot be separated from other crimes. So-called ‘‘hate crimes’’ legislation is dis- importantly, demonstrate the federal govern- This is just untrue. Hate crimes are violence criminatory on its face. In a nutshell, such leg- ment’s clear resolve to prosecute these crimes targeted at individuals simply because of who islation treats crimes against certain classes of to the fullest extent of the law. they are. Perpetrators are motivated by hate persons more severely than those same Some of my colleagues have argued that and their actions are intended to strike fear crimes if they were committed against another federal hate crimes legislation is unnecessary. into an entire group of people. We know that class of persons. This is clearly not ‘‘equal jus- In making this argument, they cite the case of individuals are targeted because of their sexu- tice under the law.’’ Matthew Shepard, a college student brutally ality, disability, and gender just as often as be- All crimes are crimes of hate. Whenever a murdered in Laramie, Wyoming. They state cause of their race, religion, and national ori- person harms another, there is hate. Should that justice has already been served; Matthew gin, and our hate crimes prevention legislation we enact federal legislation to punish hate di- Shepard’s killer has already been sentenced must be expanded to protect them too. rected towards one person more severely than to life in prison without parole. What they don’t What is the lesson we are teaching our chil- hate directed against another, merely because tell you is that because Matthew Shepard’s dren and what legacy will I leave my grand- of the victim’s classification? I do not believe murder is not considered a federal hate crime, daughters if we don’t pass laws that protect all so. Laramie law enforcement officials had to fur- of our citizens? If we fail, we will be turning Under our present laws, the killers of James lough five officials to help cover the cost of our backs on our citizens. Should we succeed, Byrd and Matthew Shepard (crimes which prosecuting this crime. Under HCPA, by con- we will be sending a clear message to all that would have fallen under the Kennedy hate trast, Matthew Shepard’s grieving family would we will not tolerate bigotry and hate. We have crimes provision) were severely punished for have had the benefit of additional resources a choice, Let us choose wisely. their illegal and gruesome crimes. James under federal law, easing the burden on local Mr. WEXLER. Mr. Speaker, we are com- Byrd’s killer was sentenced to death, and Mat- law enforcement officials. mitted to defending this country against all en- thew Shepard’s killer was sentenced to two Mr. Speaker, by voting in favor of this mo- emies, foreign and domestic. We must ask the life sentences without the possibility of parole. tion to instruct conferees, we have the oppor- question, who or what is our enemy? What is These and other heinous crimes are pros- tunity to provide all Americans with additional the greatest threat to our democracy? Mr. ecuted, and the perpetrators punished; under protection from violent crimes. The vast major- Speaker, our domestic enemies are hatred existing laws. People who commit such crimes

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17832 CONGRESSIONAL RECORD—HOUSE September 13, 2000 are not going unpunished. Current federal and Lowey Ortiz Shimkus Taylor (NC) Traficant Weldon (PA) Luther Owens Sisisky Terry Vitter Whitfield state laws are effective, and they are being Maloney (CT) Pallone Skelton Thomas Walden Wicker used. There is no void here that new, ‘‘hate’’ Maloney (NY) Pascrell Slaughter Thornberry Wamp Wilson legislation is needed to fill. Moreover, the ef- Markey Pastor Smith (NJ) Thune Watkins Wolf fect of this legislation, were it to be enacted, Mascara Payne Smith (WA) Tiahrt Watts (OK) Young (AK) Matsui Pelosi Snyder Toomey Weldon (FL) Young (FL) might have the opposite effect to that intended McCarthy (MO) Pickett Spratt by its proponents. By making the prosecutor’s McCarthy (NY) Pomeroy Stabenow NOT VOTING—9 job more complex, and forcing prosecutors to McCollum Porter Stark Campbell Franks (NJ) Lazio prove additional elements of a ‘‘hate’’ offense, McCrery Price (NC) Strickland Engel Gilchrest Reynolds McDermott Quinn Stupak Eshoo Klink Vento and not defining adequately the terms in these McGovern Rahall Tauscher laws, such prosecutions would be rendered McKinney Rangel Thompson (CA) more difficult than prosecutions under current McNulty Regula Thompson (MS) b 1631 Meehan Reyes Thurman Mr. BLILEY changed his vote from laws. Meek (FL) Rivers Tierney However, this deficiency apparently won’t Meeks (NY) Rodriguez Towns ‘‘yea’’ to ‘‘nay.’’ slow down the political agenda at work here. Menendez Roemer Turner Mr. CLYBURN changed his vote from Including this bill in the Defense Reauthor- Millender- Ros-Lehtinen Udall (CO) ‘‘nay’’ to ‘‘yea.’’ McDonald Rothman Udall (NM) ization bill would clearly be putting the value of Miller, George Roukema Upton So the motion to instruct was agreed one life over and above another. Let us not Minge Roybal-Allard Velazquez to. send that type of signal to our citizens. All life Mink Rush Visclosky The result of the vote was announced Moakley Sabo Walsh as above recorded. is valuable and should be protected, equally. Mollohan Sanchez Waters Vote no on Representative JOHN CONYERS’ Moore Sanders Watt (NC) A motion to reconsider was laid on motion to instruct. Moran (VA) Sandlin Waxman the table. The SPEAKER pro tempore. Without Morella Sawyer Weiner Stated against: Murtha Saxton Weller objection, the previous question is or- Nadler Schakowsky Wexler Mr. CAMPBELL. Mr. Speaker, I regret that dered on the motion. Napolitano Scott Weygand I was not present for rollcall vote No. 471 be- There was no objection. Neal Serrano Wise cause I was unavoidably detained. Had I been Oberstar Shaw Woolsey present, I would have voted ‘‘no.’’ The SPEAKER pro tempore. The Obey Shays Wu question is on the motion to instruct Olver Sherman Wynn offered by the gentleman from Michi- f gan (Mr. CONYERS). NAYS—192 The question was taken; and the Aderholt Fletcher Miller, Gary COMMUNICATION FROM THE HON- Speaker pro tempore announced that Archer Fossella Moran (KS) ORABLE MATTHEW G. MAR- Armey Fowler Myrick the ayes appeared to have it. Bachus Ganske Nethercutt TINEZ, MEMBER OF CONGRESS Mr. HUTCHINSON. Mr. Speaker, on Baker Gekas Ney The SPEAKER pro tempore (Mr. that I demand the yeas and nays. Ballenger Goode Northup Barcia Goodlatte Norwood SIMPSON) laid before the House the fol- The yeas and nays were ordered. Barr Goodling Nussle lowing communication from the Honor- The vote was taken by electronic de- Barrett (NE) Goss Ose able MATTHEW G. MARTINEZ, Member of vice, and there were—yeas 232, nays Bartlett Graham Oxley Congress: 192, not voting 9, as follows: Barton Granger Packard Bereuter Green (WI) Paul CONGRESS OF THE UNITED STATES, [Roll No. 471] Berry Gutknecht Pease HOUSE OF REPRESENTATIVES, Bilirakis Hall (TX) Peterson (MN) Washington, DC, July 27, 2000. YEAS—232 Bliley Hansen Peterson (PA) Hon. JEFF TRANDAHL, Abercrombie Cummings Hill (IN) Blunt Hastings (WA) Petri Ackerman Danner Hilliard Boehner Hayes Phelps Clerk, U.S. House of Representatives, H–154, Allen Davis (FL) Hinchey Bonilla Hayworth Pickering Capitol, Washington, DC. Andrews Davis (IL) Hinojosa Boyd Hefley Pitts DEAR MR. TRANDAHL: Effective July 26, Baca DeFazio Hoeffel Brady (TX) Herger Pombo 2000, please change my party designation on Baird DeGette Holden Bryant Hill (MT) Portman your official records and databases to ‘‘RE- Baldacci Delahunt Holt Burr Hilleary Pryce (OH) PUBLICAN.’’ Baldwin DeLauro Hooley Burton Hobson Radanovich Your assistance is appreciated. Barrett (WI) Deutsch Horn Buyer Hoekstra Ramstad Bass Diaz-Balart Houghton Callahan Hostettler Riley Sincerely, Becerra Dicks Hoyer Calvert Hulshof Rogan MATTHEW G. MARTINEZ, Bentsen Dingell Inslee Camp Hunter Rogers Member of Congress. Berkley Dixon Jackson (IL) Canady Hutchinson Rohrabacher Berman Doggett Jackson-Lee Cannon Hyde Royce Biggert Dooley (TX) Chabot Isakson Ryan (WI) f Bilbray Doyle Jefferson Chambliss Istook Ryun (KS) Bishop Edwards Johnson (CT) Chenoweth-Hage Jenkins Salmon COMMUNICATION FROM THE HON- Blagojevich English Johnson, E.B. Coble John Sanford Blumenauer Etheridge Jones (OH) Coburn Johnson, Sam Scarborough ORABLE MARTIN FROST, CHAIR- Boehlert Evans Kanjorski Collins Jones (NC) Schaffer MAN, DEMOCRATIC CAUCUS Bonior Farr Kaptur Combest Kasich Sensenbrenner Bono Fattah Kelly Cook King (NY) Sessions The SPEAKER pro tempore laid be- Borski Filner Kennedy Cooksey Kingston Shadegg fore the House the following commu- Boswell Foley Kildee Cox Knollenberg Sherwood nication from the Honorable MARTIN Boucher Forbes Kilpatrick Cramer Largent Shows Brady (PA) Ford Kind (WI) Crane Latham Shuster FROST, Chairman of the Democratic Brown (FL) Frank (MA) Kleczka Cubin Lewis (CA) Simpson Caucus: Brown (OH) Frelinghuysen Kolbe Cunningham Lewis (KY) Skeen DEMOCRATIC CAUCUS, Capps Frost Kucinich Davis (VA) Linder Smith (MI) HOUSE OF REPRESENTATIVES, Capuano Gallegly Kuykendall Deal Lipinski Smith (TX) Cardin Gejdenson LaFalce DeLay Lucas (KY) Souder September 13, 2000. Carson Gephardt LaHood DeMint Lucas (OK) Spence Hon. DENNIS HASTERT, Castle Gibbons Lampson Dickey Manzullo Stearns Speaker, House of Representatives, Clay Gillmor Lantos Doolittle Martinez Stenholm Washington, DC. Clayton Gilman Larson Dreier McHugh Stump DEAR MR. SPEAKER: This is to notify you Clement Gonzalez LaTourette Duncan McInnis Sununu that the Honorable Matthew Martinez of Clyburn Gordon Leach Dunn McIntosh Sweeney California has resigned as a Member of the Condit Green (TX) Lee Ehlers McIntyre Talent Conyers Greenwood Levin Ehrlich McKeon Tancredo Democratic Caucus. Costello Gutierrez Lewis (GA) Emerson Metcalf Tanner Sincerely, Coyne Hall (OH) LoBiondo Everett Mica Tauzin MARTIN FROST, Crowley Hastings (FL) Lofgren Ewing Miller (FL) Taylor (MS) Chairman.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17833 COMMUNICATION FROM THE House Republican Conference as a Re- ister of the General Services Adminis- SPEAKER publican. tration to develop a transition direc- The SPEAKER pro tempore laid be- The next day I asked the Clerk of the tory. This directory would be a com- fore the House the following commu- House to change my party designation pilation of Federal publications supple- nication from the Speaker of the House on his official records and database to mentary material that would provide a of Representatives: Republican. new presidential appointees with a I have also notified the chairman of manual of information about the orga- OFFICE OF THE SPEAKER, the Democratic Caucus of my resigna- U.S. HOUSE OF REPRESENTATIVES, nization, statutory and administrative Washington, DC, September 13, 2000. tion of the caucus and my desire to be authorities, functions and duties of Hon. WILLIAM F. GOODLING, a member of the Republican con- each department and agency in the Ex- Chairman, Committee on Education and the ference. ecutive Branch. H.R. 4931, which we are Workforce, U.S. House of Representatives, Mr. Speaker, I ask unanimous con- considering today, includes those Sen- Washington, DC. sent that all records of the House as of ate amendments. DEAR MR. CHAIRMAN: This is to advise you July 26, 2000, reflect my voting status Over the years, there have been many that Representative Matthew G. Martinez’s as a Republican. examples of missteps and outright mis- election to the Committee on Education and the Workforce has been automatically va- The SPEAKER pro tempore. Is there takes made by newly appointed offi- cated pursuant to clause 5(b) of rule X effec- objection to the request of the gen- cials in the White House. Those errors tive today. tleman from California? could have been avoided if the officials Sincerely, There was no objection. had more fully understood the scope of J. DENNIS HASTERT, f their responsibilities. Speaker of the House. H.R. 3137 would set a time frame and PRESIDENTIAL TRANSITION ACT f authorize the funds for that necessary OF 2000 COMMUNICATION FROM THE training and orientation. Mr. HORN. Mr. Speaker, I ask unani- SPEAKER I urge my colleagues to support this mous consent that the Committee on bill just as they supported its prede- The SPEAKER pro tempore laid be- Government Reform be discharged cessor, H.R. 4931. It is an important fore the House the following commu- from the further consideration of the step toward ensuring that a new ad- nication from the Speaker of the House bill (H.R. 4931) to provide for the train- ministration, regardless of party affili- of Representatives: ing or orientation of individuals, dur- ation, starts off on the right foot. OFFICE OF THE SPEAKER, ing a Presidential transition, who the Mr. TURNER. Mr. Speaker, further U.S. HOUSE OF REPRESENTATIVES, President intends to appoint to certain reserving the right to object, I want to Washington, DC, September 13, 2000. key positions, to provide for a study rise and join with the gentleman from Hon. BENJAMIN A. GILMAN, and report on improving the financial California (Mr. HORN) in strong support Chairman, Committee on International Rela- tions, U.S. House of Representatives, Wash- disclosure process for certain Presi- of this legislation, H.R. 4931, and urge ington, DC. dential nominees, and for other pur- its adoption. DEAR MR. CHAIRMAN: This is to advise you poses, and ask for its immediate con- I want to commend the gentleman that Representative Matthew G. Martinez’s sideration in the House. from California (Chairman HORN) and election to the Committee on International The Clerk read the title of the bill. the gentleman from Indiana (Mr. BUR- Relations has been automatically vacated The SPEAKER pro tempore. Is there TON) and the gentleman from Cali- pursuant to clause 5(b) of rule X effective objection to the request of the gen- fornia (Mr. WAXMAN), ranking member, today. tleman from California? who have all focused on this bill and to Sincerely, Mr. TURNER. Mr. Speaker, reserving J. DENNIS HASTERT, be sure that it is brought before this Speaker of the House. the right to object, and I do not plan to House today and becomes law before a object, but I yield to the gentleman f new administration occupies the White from California (Mr. HORN) for a brief House. ANNOUNCEMENT BY THE SPEAKER explanation of the bill. The Presidential Transition Act PRO TEMPORE Mr. HORN. Mr. Speaker, I thank the would amend the Presidential Transi- The SPEAKER pro tempore. Pursu- gentleman from Texas for yielding to tion Act of 1963 to authorize the use of ant to the foregoing communications, me. Mr. Speaker, the ranking member transition funds for the purpose of pro- the party affiliation of Representative has been just inestimable in terms of viding orientations for individuals that MARTINEZ has been switched for infor- all the help he has provided us on this the President-elect plans to nominate mational voting record purposes and and other pieces of legislation. to top White House positions, including his committee memberships have been Mr. Speaker, H.R. 4931, the Presi- cabinet positions. vacated. dential Transition Act of 2000, rep- The bill would probably affect 20 to Had the foregoing communication of resents a bipartisan effort to update maybe 40 political appointments in the July 27, 2000, from Representative MAR- the Presidential Transition Act of 1963. White House. It is designed to give TINEZ to the Clerk been laid before the H.R. 4931 would allow transition funds greater assurance that the orientation House at that time, the party affili- to be used for a formal training and process would take place shortly after ation for voting informational purposes orientation process for incoming ap- the incoming administration assumes would have been changed or, as has pointees to senior administration posi- office or preferably before they assume been the case in the past, the process tions, including cabinet members. office. would have been timely noticed in On November 2, 1999, the House This orientation will provide a writing to the chairman of the Demo- passed a bill with similar provisions, smoother transition for a new adminis- cratic Caucus who, in turn, would no- H.R. 3137, by a voice vote under suspen- tration, eliminating mistakes, and en- tify the Speaker by letter pursuant to sion of the rules. suring that the Federal Government clause 5(b) of rule X. On June 8, 2000, Senator FRED THOMP- will continue to function at a high f SON from Tennessee introduced a com- level. panion bill, S. 2705, the Presidential Our subcommittee heard testimony HONORABLE MATTHEW MARTINEZ Transition Act of 2000. The Senator from distinguished witnesses who advo- JOINS REPUBLICAN CONFERENCE added some well thought out provisions cated the adoption of this new provi- (Mr. MARTINEZ asked and was given that call for study and proposals to im- sion for orientation programs for in- permission to address the House for 1 prove the financial disclosure process coming members of a new administra- minute.) for presidential nominees. tion. Witnesses such as Elliot Richard- Mr. MARTINEZ. Mr. Speaker, on In addition, the changes made in the son, former Attorney General to Presi- July 26, 2000, I participated in the Senate bill would require the admin- dent Nixon; the Honorable Lee White,

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17834 CONGRESSIONAL RECORD—HOUSE September 13, 2000 the former Assistant Counsel to Presi- ‘‘(iv) Activities under this paragraph may may have 5 legislative days within dent Kennedy and counsel to President include training or orientation in human re- which to revise and extend their re- Johnson, shared the unique perspective sources management and performance-based marks on and to include extraneous management. material on the special order of the that they have regarding the critical ‘‘(B) Activities under this paragraph shall nature of this transition period. be conducted primarily for individuals the gentleman from California (Mr. FARR) There is no question that whoever is President-elect intends to nominate as de- on the subject of the 150th anniversary elected as the next President of the partment heads or appoint to key positions of the State of California. United States must be ready and pre- in the Executive Office of the President. The SPEAKER pro tempore. Is there pared to go to work on the morning of ‘‘(9)(A) Notwithstanding subsection (b), de- objection to the request of the gen- November 8. That period between No- velopment of a transition directory by the tleman from New York? vember 8 and inauguration is, indeed, a Administrator of General Services Adminis- There was no objection. tration, in consultation with the Archivist of very critical period of time, not only the United States (head of the National Ar- f for the new administration, but for the chives and Records Administration) for ac- SPECIAL ORDERS country as a whole. tivities conducted under paragraph (8). The SPEAKER pro tempore (Mr. So I am pleased to join with the gen- ‘‘(B) The transition directory shall be a SHERWOOD). Under the Speaker’s an- tleman from California (Chairman compilation of Federal publications and ma- nounced policy of January 6, 1999, and HORN) today in urging that this bill be terials with supplementary materials devel- under a previous order of the House, adopted. It is noncontroversial. It is bi- oped by the Administrator that provides in- formation on the officers, organization, and the following Members will be recog- partisan. We have introduced it today statutory and administrative authorities, nized for 5 minutes each. and move that it be adopted by unani- functions, duties, responsibilities, and mis- f mous consent. sion of each department and agency. Even though we passed the bill on ‘‘(10)(A) Notwithstanding subsection (b), RURAL HEALTH CARE the floor of this House, we have now in- consultation by the Administrator with any The SPEAKER pro tempore. Under a corporated changes suggested by our candidate for President or Vice President to develop a systems architecture plan for the previous order of the House, the gen- colleagues in the Senate. I urge that tleman from South Dakota (Mr. we adopt it today. computer and communications systems of the candidate to coordinate a transition to THUNE) is recognized for 5 minutes. Mr. Speaker, I withdraw my reserva- Federal systems, if the candidate is elected. Mr. THUNE. Mr. Speaker, when I was tion of objection. ‘‘(B) Consultations under this paragraph back in South Dakota over the August The SPEAKER pro tempore. Is there shall be conducted at the discretion of the recess, I traveled around the State vis- objection to the request of the gen- Administrator.’’. iting rural hospitals, clinics and nurs- tleman from California? SEC. 3. REPORT ON IMPROVING THE FINANCIAL ing homes. I wanted to get a first-hand There was no objection. DISCLOSURE PROCESS FOR PRESI- look at some of the challenges that are The Clerk read the bill, as follows: DENTIAL NOMINEES. (a) IN GENERAL.—Not later than 6 months being faced by rural health care pro- H.R. 4931 after the date of enactment of this Act, the viders. I also learned about some of the Be it enacted by the Senate and House of Rep- Office of Government Ethics shall conduct a successes that we have been having. resentatives of the United States of America in study and submit a report on improvements I represent the entire State of South Congress assembled, to the financial disclosure process for Presi- Dakota. That is 66 counties and 77,000 SECTION 1. SHORT TITLE. dential nominees required to file reports square miles made up primarily of This Act may be cited as the ‘‘Presidential under section 101(b) of the Ethics in Govern- ment Act of 1978 (5 U.S.C. App.) to the Com- farmland and grassland. When the citi- Transition Act of 2000’’. mittee on Governmental Affairs of the Sen- zens of South Dakota need access to a SEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSI- ate and the Committee on Government Re- health care provider, it is not uncom- TION ACT OF 1963. form of the House of Representatives. mon for them to drive 100 miles just to Section 3(a) of the Presidential Transition (b) CONTENT OF REPORT.— make a regular appointment. Act of 1963 (3 U.S.C. 102 note) is amended— (1) IN GENERAL.—The report under this sec- (1) in the matter preceding paragraph (1) Distance really affects how people tion shall include recommendations and leg- get health care in South Dakota. If by striking ‘‘including—’’ and inserting ‘‘in- islative proposals on— cluding the following:’’; (A) streamlining, standardizing, and co- one’s elderly mother needs to see the (2) in each of paragraphs (1) through (6) by ordinating the financial disclosure process doctor, one may need to take off work striking the semicolon at the end and insert- and the requirements of financial disclosure and make sure the kids are taken care ing a period; and reports under the Ethics in Government Act of while one spends all day traveling (3) by adding at the end the following: of 1978 (5 U.S.C. App.) for Presidential nomi- back and forth only to spend 20 min- ‘‘(8)(A)(i) Not withstanding subsection (b), nees; utes with a physician. That is when the payment of expenses during the transition (B) avoiding duplication of effort and re- for briefings, workshops, or other activities weather is good. When the weather is ducing the burden of filing with respect to fi- bad with the snow and the wind, that to acquaint key prospective Presidential ap- nancial disclosure of information to the pointees with the types of problems and White House Office, the Office of Govern- trip is just not possible. One’s mother challenges that most typically confront new ment Ethics, and the Senate; and would have to make another appoint- political appointees when they make the (C) any other relevant matter the Office of ment several days later and wait to get transition from campaign and other prior ac- Government Ethics determines appropriate. the medical care she needs. tivities to assuming the responsibility for (2) LIMITATION RELATING TO CONFLICTS OF b 1645 governance after inauguration. INTEREST.—The recommendations and pro- ‘‘(ii) Activities under this paragraph may posals under this subsection shall not (if im- But in times of tragedy or emer- include interchange between such appointees plemented) have the effect of lessening sub- gency, rural residents do not have that and individuals who— stantive compliance with any conflict of in- luxury. Take, for instance, the example ‘‘(I) held similar leadership roles in prior terest requirement. of the farmer working in the field. administrations; (c) AUTHORIZATION OF APPROPRIATIONS.— Farm equipment accidents injure and ‘‘(II) are department or agency experts There are authorized to be appropriated such from the Office of Management and Budget sums as may be necessary to carry out this kill rural residents every year. When or an Office of Inspector General of a depart- section. the accident happens, the victims need ment or agency; or The bill was ordered to be engrossed medical attention and they need it ‘‘(III) are relevant staff from the General and read a third time, was read the quickly. If they can get the expert Accounting Office. trauma care in their hometown clinic, ‘‘(iii) Activities under this paragraph may third time, and passed, and a motion to reconsider was laid on the table. there is a much better chance of sur- include training or orientation in records vival. If they cannot get access to the management to comply with section 2203 of f appropriate professionals close by, they title 44, United States Code, including train- GENERAL LEAVE ing on the separation of Presidential records would have to drive several hours to and personal records to comply with sub- Mr. MCNULTY. Mr. Speaker, I ask get to a large medical center. Chances section (b) of that section. unanimous consent that all Members of a good outcome are much lower.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17835 The health care professionals in my I thought Medicare was put in place That was just the latest in a long State of South Dakota have been com- to help our senior citizens get the care line of gun-related tragedies. We know ing up with some innovative ways to they need. But that is not the case the litany. Columbine, West Paducah, deal with the distance problem. They with telehealth services. Medicare cov- Jonesboro, Conyers, and in too many have been using technology to bring ered only six percent of all telehealth other communities across America. patients and doctors together. They visits in 1999 clearly when Congress in- These have been matched by countless call this breakthrough ‘‘telehealth.’’ tended that Medicare would pay a little other gun tragedies less public but no Telehealth is a method of health care bit more for these critical services. less tragic for their families and their delivery that was at, one time, a new With these facts in mind, I intro- communities all across the Nation. concept in health care, a theoretical duced H.R. 4841, the Medicare Access to In school yards, what would have a way to connect people with providers. Telehealth Services Act of 2000. This generation ago been a fist fight now be- But telehealth is no longer an experi- bill tries to eliminate some of the re- comes a blood bath. Since these trage- ment. This is a service being used imbursement barriers that prevent hos- dies, citizens all across my State of every day in rural areas across this pitals from providing these services New Jersey have called louder than country. and seniors from accessing them. It is ever for passage of stricter gun safety I saw some of the most amazing no longer the case that where they live laws. But despite the outcry, a few things our health care providers are needs to determine what kind of care politicians in Congress here in Wash- doing with telehealth technology. Lung they receive. ington have stood in the doorway, have specialists in Sioux Falls are using Now, I realize that telehealth is just blocked reform, refusing to act on com- electronic stethoscopes to treat pa- one piece of the health care puzzle. mon sense gun safety proposals like tients with pneumonia who live in There are many other aspects of the those that the gentlewoman from New Flandreau. Flandreau is a town with Medicare law that need to be revisited. York (Mrs. MCCARTHY) and I are spon- just over 2,000 people. They cannot get Rural hospitals, clinics, and nursing soring here in the House of Representa- to see a specialist like that unless they homes are reeling from the effects of tives. travel or the specialist travels to them. the Balanced Budget Act. On August 26, I was joined by my col- That is pretty expensive when they Last year, Congress provided some league and good friend, the gentle- start adding up gasoline and loss of initial relief with the Balanced Budget woman from New York (Mrs. MCCAR- productivity due to time on the road. Refinement Act. That was the first THY), for a public meeting in They are also using telehealth to pro- step toward helping our rural health Plainsboro, New Jersey. The gentle- vide health care on American Indian providers deliver the kind of care our woman from New York (Mrs. MCCAR- reservations. The Pine Ridge Reserva- citizens deserve. THY) and I were joined at that event by Now we are poised to take another tion, which sits in the Nation’s poorest 66 families who once again called on step. As my colleagues know, members county per capita, is over 130 miles this body to act on sensible gun safety of the Committee on Commerce and from the area’s main medical center in legislation. the Committee on Ways and Means are Mr. Speaker, I would like to read Rapid City. Many residents of Pine now considering a legislative package into the RECORD a letter to the gen- Ridge deal with depression. They would that would further refine the BBA. tleman from Illinois (Mr. HASTERT), like to see a mental health professional Part of that refinement needs to in- the Speaker of the House, signed by the but have to wait 3 months to get an ap- clude telehealth services. Congress un- gentlewoman from New York (Mrs. pointment. But using two-way inter- derstood the potential of this tech- MCCARTHY), myself, and 66 families active video cameras, they can now nology 3 years ago. It is time to reduce who joined us in Plainsboro, which I have access to these professionals and those barriers that keep it from being will personally deliver to the Speaker get timely and appropriate care. used effectively. this evening. Those are just some of the ways that I urge the members of the committee patients are getting the care that they MR. SPEAKER, as concerned citizens of the to include the provisions of my legisla- State of New Jersey, we are writing to re- need. It is clear that telehealth serv- tion in their add-back bill. Congress quest your immediate assistance in having ices have become critical for these pa- has made a commitment to modernize Congress consider gun safety legislation be- tients and the providers who care for Medicare, and reimbursing for tele- fore Congress adjourns for the year. them. But this kind of care is expen- health services is one way to do that. As you know, in June of 1999, following the sive. tragic murders at Columbine High School in Currently, hospitals are using grants f Littleton, Colorado, Congress considered a to fund these services. Grants are lim- MILLION MOM MARCH AND package of juvenile justice proposals. When this legislation was considered in the Senate, ited and do not last forever. When the COMMON SENSE GUN SAFETY an amendment by Senator FRANK LAUTEN- grants dry up, patients will have to go The SPEAKER pro tempore (Mr. BERG was attached that would close the dan- back to the old ways of doing things. SHERWOOD). Under a previous order of gerous gun show loophole, ban the importa- What is needed is a more permanent the House, the gentleman from New tion of high-capacity ammunition maga- method of paying for these services, Jersey (Mr. HOLT) is recognized for 5 zines, and mandate the use of child safety and that is where Medicare comes in. minutes. locks on firearms. Back in 1997, Congress authorized Mr. HOLT. Mr. Speaker, the clock is These three proposals, which have been in- several telehealth demonstration troduced in the House of Representatives, ticking. The clock is ticking and this are mainstream, common sense measures projects to study the impact of tele- Congress has yet to hear the message that polls show are supported by a large bi- health on health care access, quality, delivered by the one million mothers partisan majority of the public. While we in and cost. The projects have shown that on May 14 of this year. New Jersey do not have gun shows, other telehealth promotes better access and An extraordinary thing happened States do. That undermines our gun safety quality and could be used to provide this past Mother’s Day when so many laws because they allow criminals to buy both primary and specialty care at a New Jerseyans joined families from all dangerous firearms without background reasonable cost. Given the success of over the United States in the ‘‘Million checks, waiting periods or identification at telehealth, it is now time for Medicare these shows. A law mandating child safety Mom March’’ here in Washington. locks, if enacted, could save the lives of hun- to begin paying for these services. Now, all of us know it, Mr. Speaker. dreds of young Americans. But Medicare has created reimburse- Over the last years, our Nation has Many of us visited Washington, D.C., as ment policies that have had the effect been shaken deeply by incidents of gun part of the ‘‘Million Mom March’’ this of excluding these services to those pa- violence. All of us were floored by the Spring. tients who would derive the most ben- tragedy in a Michigan elementary And, I might add, I made that trip by efit from them, seniors who are often school where a 6-year-old child, a child bus from New Jersey, too. unable to travel long distances for di- who had not yet learned to read, had In the many weeks since that watershed rect health care. learned how to kill with a handgun. event, attended by thousands of Americans

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17836 CONGRESSIONAL RECORD—HOUSE September 13, 2000 from all parts of the Nation and all walks of Mr. Speaker, every school I visit, to a police officer who is looking for life, no effort has been made to bring the Ju- every PTA meeting that I attend, black people between a youngster that venile Justice legislation back before the every classroom that I teach in, kids, has done all he should do and somebody House. In fact, these measures have re- moms and dads, in fact nearly everyone who may, in fact, be carrying drugs. mained bottled up with delay tactics and What amounts to a loss in the crimi- parliamentary maneuvering. Now, as less I talk with in New Jersey, tells me it is than 20 days remain in the scheduled legisla- high time that Congress take action to nal justice system has occurred tive session, the need for leadership and ac- keep guns out of the hands of kids and throughout the African American com- tion on this issue is greater than ever. criminals. munity where so many young African Stemming the tide of gun violence is an Mr. Speaker, the time has come for American men are caught up in the issue of deep importance to us and to our Na- Republicans, Democrats, and Independ- first place. We need to have that com- tion. Now is the time for our leaders in ents to join together to pass these com- munity where we had it when they Washington to roll up their sleeves, not sit began to embrace police in the 1980s, on their hands. We urge you in the strongest mon sense gun safety measures. f and we are losing them. possible terms to use your influence as the This body apparently had some rec- highest ranking Member of the House of Rep- RACIAL PROFILING AND POLICE ognition because under the present ma- resentatives to bring immediately these leg- BRUTALITY islative proposals back before the Congress jority, H.R. 1443, which was a bill spon- so that they can be sent to the President for The SPEAKER pro tempore. Under a sored by the gentleman from Michigan his signature. previous order of the House, the gentle- (Mr. CONYERS) was indeed passed in ‘‘Respectfully,’’ and it is signed by 66 woman from the District of Columbia 1998, which allows the collection of cer- family members from central New Jer- (Ms. NORTON) is recognized for 5 min- tain kinds of information about traffic sey. utes. stops. This body passed it. It was sent Mr. Speaker, I include the letter for Ms. NORTON. Mr. Speaker, there is to the Senate. The Senate Committee the RECORD: an issue of great potency brewing in on the Judiciary never acted on it. August 26, 2000. the African American community such We need to pass this bill again. It is Hon. J. DENNIS HASTERT, that I feel compelled to bring it to the now called H.R. 118. We need to pass it. Speaker of the House, attention of this body. Because about the worst thing that can U.S. Capitol, Washington, DC. happen in our society is that people be- DEAR MR. SPEAKER: As concerned citizens Like other Americans, African Amer- of the State of New Jersey, we are writing to icans are animated by the same issues. lieve that criminal justice does not request your immediate assistance in having Education is at the top of the list. And have justice. And it is very hard for me Congress consider gun safety legislation be- of course, there is a Patients’ Bill of to believe that there is justice in the fore it adjourns for the year. Rights and preserving Social Security system when the disparities are as As you know, in June of 1999, following the and Medicare. huge as this. tragic murders at Columbine High School in Littleton, Colorado, Congress considered a But what amazes me from the data b 1700 package of Juvenile Justice proposals. When and, anecdotally, when looking at Obviously, most African Americans this legislation was considered in the Senate, black publications in my own district, play by the rules. So when you do not an amendment by Senator Frank Lautenberg is a surprising issue that has greater know whether playing by the rules will was attached that would close the dangerous interest and intensity than others; and get you pulled over or not, particularly gun show loophole, ban the importation of that issue is racial profiling and police high-capacity ammunition magazines and if you are a young black man, the brutality. stereotypic person to pull over, the mandate the use of child safety locks on fire- This is most interesting because the arms. rage of a loss of confidence that you These three proposals, which have also African American community has em- are operating in a fair system becomes been introduced in the House of Representa- braced police because there was such very great. tives, are mainstream, common sense meas- high crime, especially in the early This is an issue for us all. This is an ures that polls show are supported by a 1990’s. Crime is down 10 percent now issue we can eliminate simply by first large, bipartisan majority of the public. from last year, 34 percent over the last studying it and coming to understand While we in New Jersey don’t have gun few years; and yet there is this intense what its causes are. H.R. 118 does not shows, other states do. That undermines our hostility based on what is happening ask this body to take specific steps gun safety laws because they allow criminals particularly to black men but also to to buy dangerous firearms without back- now. We need to know what is hap- ground checks, waiting periods or identifica- black women. pening and why it is happening. If, in tion at these shows. A law mandating child If one has raised a boy the way that fact, black Americans see that we do safety locks, if enacted, could save the lives I have so that he gets to go to college, not care enough even to find out why of hundreds of young Americans. graduates in 4 years, has a good job, it these disparities exist, I think we are Many of us visited Washington D.C. as part does not make a dime’s worth of dif- sending a horrific message, especially of the ‘‘Million Mom March’’ this Spring. In ference if he is driving down a road and now as people get ready to go to the the many weeks since that watershed event, there is a sense that who he ought to attended by thousands of Americans from all polls. They want to see whether or not parts of the nation and all walks of life, no pull over are black people rather than something can be done. I am not ask- effort has been made to bring the Juvenile others. ing that something be done during this Justice legislation back before Congress. In So that, if we look at Interstate 95, session. I do believe that during this fact, these measures have remained bottled where 17 percent of the drivers are Af- session we have to start the ball rolling up with delay tactics and parliamentary ma- rican-Americans, 56 percent of those so that we can know what, if anything, neuvering. Now, as less than twenty days re- searched are black; or let us look at we can do about these very telling sta- main in the scheduled legislative session, the California in a 1997 study that showed tistics. need for leadership and action on this issue that only 2 percent of 3,400 drivers f is greater than ever. stopped yielded contraband; or a recent Stemming the tide of gun violence is an A TRADITIONAL EDUCATION IS issue of deep importance to us, and to our study of racial profiling on I–95 here in nation. Now is the time for our leaders in the East, about 17 percent of those who THE BEST EDUCATION Washington to roll up their sleeves, not sit drive along I–95 are African Americans The SPEAKER pro tempore (Mr. on their hands. We urge you in the strongest but they represented 60 percent of the SHERWOOD). Under a previous order of possible terms to use your influence as the drivers searched in 1999. the House, the gentleman from Ten- highest-ranking member of the House of Something is wrong with those fig- nessee (Mr. DUNCAN) is recognized for 5 Representatives to immediately bring these ures. And it has now penetrated deep in minutes. legislative proposals back before Congress, so that they can be sent to the President for the African American community and Mr. DUNCAN. Mr. Speaker, I rise his signature. it knows no class bounds. The richest today to speak briefly on two or three Respectfully, and most middle-class African Ameri- important topics or issues in edu- Signed by 66 New Jersey citizens. cans know that there is no difference cation. First, we have done a more

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17837 than adequate job in bringing down This is stupid and it is why we have private sector alternative to the Medi- class sizes in most places around the this artificial government-induced care program. Mr. Bush goes so far as country. What we really need to work teacher shortage that we are seeing to avoid the obvious. That is adding on now is bringing down the size of this publicity about. prescription drugs to the list of health schools. We could wipe out this teacher short- care services and supplies that Medi- At very large schools, some young age overnight if we would allow school care covers. He actually advocates a people feel like they are little more systems to hire well-qualified people transitional prescription drug program than numbers. Most kids can handle even if they had not taken any edu- feature with mini-bureaucracies in this all right, but some feel that they cation courses. I repeat, an education each State to administer temporary have to resort to extreme, kooky, degree should be considered a plus. It prescription drug welfare programs. If weird or, unfortunately at times, even should be considered a good thing when one is opposed to big government, this dangerous behavior to get noticed. considering someone for a teaching job. part of his proposal is their worst At small schools, young people have School superintendents and principals nightmare: 50 State bureaucracies. a better chance to make a sports team have enough common sense intel- His welfare-type program approach, or serve on the student council or be- ligence and experience to hire some which would cover the lowest-income come a cheerleader or stand out in well-qualified person to teach who has seniors only, is also sorely inadequate. some way. Young people today would degrees and experience but simply Nearly half of all seniors who lack pre- be better off going to a school in an lacks an education course or two. scription drug coverage would be left older building, but in a school where Thirdly, Mr. Speaker, David out in the cold. The first part of his they did not feel so anonymous. Gelernter, a professor of computer proposal may simply be ill conceived. I read a couple of years ago that the science at Yale, said we are headed for The second part is simply irrespon- largest high school in New York City an educational catastrophe or edu- sible. Under that section, the Federal Gov- had 3,500 students; and then they made cation disaster, he used both terms, by ernment would begin to subsidize part the wise decision to break it up into placing computers in classrooms for of the cost of private prescription drug five separate schools and their drug small or very young children. He said coverage, but only after the Medicare and discipline problems went way some seemed to believe if we give chil- program as a whole undergoes a trans- down. dren what he described as a glitzy toy The gentleman from Indiana (Mr. formation. That transformation, not with bigger and bigger databases, we surprisingly, features private insur- HILL) and I, on a bipartisan basis, in- have done all we need in regard to edu- troduced a bill to set up a special pro- ance-type HMO health plans. Privatiza- cation. He said we need to get back to tion of Medicare is not a trans- gram within the Department of Edu- the basics, especially in elementary formation. It is an oxymoron. Private cation to give incentive grants to and middle school. He said we still need insurance plans cannot replace Medi- school systems that would establish to teach reading and writing and arith- care. Private insurance plan HMOs, programs to decrease the number of metic and history and science, and we their loyalty is to the bottom line. students at any one school. We got $45 need to teach these things before we How many times do we have to inter- million for this in the last omnibus ap- give kids computers and then wonder vene when a managed care or other in- propriations bill, but we need to pursue why they cannot add or subtract or surer plan messes? Up how many times this much more aggressively. Small write a grammatically correct sen- do we have to intervene on behalf of schools mean individual attention and tence or know even basic history about our constituents before the industry’s individual opportunities. Gigantic their own country. This was said by a loyalties become clear to us? schools, unfortunately, centralized man who is a professor of computer The loyalty results in decisions that schools unfortunately, breed weird be- science. are not in the best interest of enroll- havior and even help lead to Col- Computers are not the end all of edu- ees. That loyalty is what creates the umbine-type situations. cation. We need to get back to the ba- need for a Patients’ Bill of Rights, Secondly, Mr. Speaker, this so-called sics before we end up in the edu- which this House of Representatives teacher shortage is one of the most ar- cational catastrophe or disaster that and the other body should pass and tificial, contrived, and easily solvable Professor Gelernter predicted. send to the President. That loyalty, problems that we have in the country f the bottom line, explains why health today. There would be no teacher insurers market to the healthiest indi- shortage if we removed the straight- PRESCRIPTION DRUGS AND MEDICARE viduals and do everything in their jacket of education courses and let power to avoid the sick. That loyalty school boards use intelligence and com- The SPEAKER pro tempore. Under a explains how private, managed care mon sense to hire teachers. A school previous order of the House, the gen- plans, how private insurance company board should be allowed to consider an tleman from Ohio (Mr. BROWN) is rec- HMOs, contracting with Medicare, education degree as a real plus but not ognized for 5 minutes. could enroll seniors one year, prom- be restricted or harmed or hindered by Mr. BROWN of Ohio. Mr. Speaker, ising them all kinds of benefits, and it. Right now, in most places, if a per- the public learned something about unceremoniously drop them the next son with a Ph.D. in chemistry and 30 presidential candidate George Bush year; promise supplemental benefits years’ experience in the field wanted to last week. Actually, the word ‘‘impor- they cannot deliver and then blame the teach, he could not do so because he tant’’ is an understatement. We government for problems that they cre- had not taken a few education courses. learned something crucial. We learned ated. This is ridiculous. Right now, a person his plans for Medicare. The traditional Medicare program is with a master’s degree in English and Every senior citizen, every person different. It is universal. It is reliable. who had been a successful writer, say, with a family member covered by It is accountable to the public. It has 1 for a magazine or for newspapers for Medicare, every taxpayer in this coun- to 2 percent administrative costs. years could not be an English teacher try needs to understand this. George W. Medicare’s loyalty is to beneficiaries in a public school because of not taking Bush believes Medicare as we know it and to taxpayers. It is an undiluted a few education courses. This is crazy. should be replaced by private insurance commitment. Medicare offers choice in Someone who had been a political plans. That is not conjecture. It is fact. ways that actually make a difference science professor at a small college for It is what he tells us. in terms of health care quality and pa- several years and then had several It is clear as day if one looks at his tient satisfaction. It does not tell bene- years’ experience on Capitol Hill, for prescription drug plan. The first part of ficiaries which providers they can see example, could not teach American his proposal features a transitional and which providers they cannot see, government in a public high school program designed to give a special like Medicare HMOs do, or provide fi- without a required education course. commission time to come up with a nancial incentives to discourage proper

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 17838 CONGRESSIONAL RECORD—HOUSE September 13, 2000 care, again as Medicare HMOs do, or me to provide this service first to the b 1715 interfere with the doctor/patient rela- Fifth Congressional District of Florida Mr. Speaker, more recently Doyle tionship, as Medicare HMOs do. and then to the Eighth Congressional Bartlett has been my chief of staff who Medicare does not tell beneficiaries District of Florida. was an early aide who came to work for any of those things. I want to single out some in par- me in my district office and who Having your choice of private health ticular, though, because even though I worked on to be a legislative staffer up plans under the Bush plan, under pri- would like to be able to talk about all here, and then later my chief of staff. vate managed care, does not mean 99, I cannot do that. I do not have time And most recently John Ariale, who much if those plans all restrict access to, and no one would want me to; but currently is my chief of staff, but was to providers and erect barriers to medi- some have been with me a long time my district aide for many years, work- cally-necessary care. Medicare offers and some have done admirable service. ing to serve the public in the central reliable coverage that does not come In my district office, Nancy Florida region tirelessly for a good and go with the stock market, that Abernethy is a case worker who has number of years on my staff. does not discriminate against bene- been with me since the very beginning Personal secretaries, personal assist- ficiaries based on health status or any when I first began my service, the be- ants over the years both in Washington other criteria. ginning of 1981; and throughout those and in Orlando in the central Florida So George W. Bush has decided to years she has provided service to many area have meant the difference in my join his Republican colleagues to pro- constituents, particularly in immigra- life and in the ability for me to be able mote the privatization of Medicare, to tion matters and about tax matters, to serve. Fran Damron who came to end Medicare as we know it, and to that is above and beyond the call of Washington to start this process from provide a new market for private insur- duty in many cases. Florida with me, but for unforeseen ance plans. And when it comes down to There are literally hundreds of people family circumstances might very well it and prescription drugs, whom do you in central Florida today who have had be in my employ today. trust? Do you trust Medicare, tradi- service provided by Ms. Abernethy in Mary Lee Reed who still works part tional Medicare, that served the public resolving matters regarding immigra- time for me, for many years worked in well for 35 years? Do you trust Medi- tion rulings and immigration concerns this Washington office as my right care to provide these benefits to the that they would not have had resolved arm. Today Sue Lancaster in my dis- public with prescription drugs, or do in the way they did if she had not been trict office who has been with me for you trust private insurance HMOs who there to act on their behalf. She still many years, I could not do without have pulled out of county after county, does that today. really in many ways. She has tirelessly I have another lady who has been made promises they have not kept? It put time in program after program with me for many years, all but I think is a question of trusting traditional serving our constituents and working a couple of the years I have served, in Medicare or, again, do you trust pri- to allow me to serve better. Lisa that same district office, a case worker vate insurance HMOs? Smith, who recently left my office in named Elaine Whipple. Elaine tire- f Washington, served many years here lessly served me for a long time work- doing that job. And more recently Jin THANKS TO THE MANY STAFFERS ing with senior citizens, particularly WHO HAVE ASSISTED IN THE Sikora. veterans, on issues concerning veterans I have had other staff assistants from FIFTH AND EIGHTH CONGRES- affairs, but also on Social Security, SIONAL DISTRICTS OF FLORIDA Jane Hicks who served me a long time giving service, finding answers to solu- on the front desk here to Selma The SPEAKER pro tempore. Under a tions to those Medicare problems for McKinzie, I should say the district previous order of the House, the gen- people with the various agencies of the desk in Florida to Selma McKinzie who tleman from Florida (Mr. MCCOLLUM) government. These two women pro- served here and the list could go on and is recognized for 5 minutes. vided a perfect illustration of what can on. I cannot begin to name them all. Mr. MCCOLLUM. Mr. Speaker, I am be done in the best of public service Leslie Woolley was my first legisla- here today because we are finishing when you have people that are dedi- tive director, the legislative is a crit- this term of Congress, and while there cated, who every day go to work re- ical staff as well to provide services in may be other things for me, perhaps gardless of whether I am sitting in the a personal staff office that we do not across in the other body, this is the office or not, answering the phones, get from the committee staff on legis- last year that I will serve as a Member talking to people and providing them a lative matters. Many, many issues that of the United States House of Rep- conduit between the Federal Govern- Members of Congress have to face resentatives. I am very proud of the ment and an agency that is far re- every day and votes they have to take service that I have given, and I have moved from them, and some real, ev- on the floor, they have to be prepared enjoyed my service a great deal in this eryday problems in their personal lives for that. They would not otherwise be body. that need recognition and resolution. able to do because that does not come I have also had several other people I have enjoyed working with my col- within the purview of the committees that have really served extraordinarily leagues on both sides of the aisle to ac- they serve on, but they are expected, well that I want to mention. The chiefs complish many things over these years we all are expected to respond and re- of staff who have served me over the that I have served from 1981 to the spond intelligently to make votes for years, Vaughn Forrest for many years, present, but none of that would have these issues. been possible without a very strong my very first chief of staff, did admi- I want to again thank these personal group of men and women who served on rable work. We provided together a staff Members for all the work that my staff. program for relief for Salvadorans, the they have done over the years. I do not Now, we often talk about our com- people who were displaced off the farms think we pay enough tribute to our mittee staffs; but I am talking specifi- there during their civil war where we personal staffs. cally about my personal staff; my staff lifted medicines and medical supplies Mr. Speaker, I include the following both in my Orlando district office, and down there that were donated pri- for the RECORD: my staff here in my Washington office. vately, not a legislative agenda but STAFF TRIBUTE (1981–2000) There have been many, many people something privately done, that the of- PERSONAL OFFICE STAFF who have worked for me over those fice did, that I am prouder of than any years; and in a moment I am going to other thing that I have worked on Nancy Abernethy, Melissa Finn Aldrich, John Ariale, Marie Attaway, Michael enter into the RECORD some 99 of those since I have been in Congress; and Ballard, Doyle Bartlett, Paul Bernstein, staffers that I have at least docu- much of that work was a tribute to Lynne Bigler, Julie Bordelon, Scott Brenner, mented, that I want to recognize be- Vaughn Forrest’s effort as he did in Melissa Burns, Rachel Cacioppo, Sandra Car- cause their hard work is what allowed many other cases. roll, Christina Cullinan, Fran Damron,

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17839 James Derfler, Andi Dillin, Susan Dryden, magnificent Redwoods, which make their materials for homes and businesses, as well Sarah Dumont, David Eisner, Debbie Feld- home in Del Norte, Humboldt and Mendocino as endless recreational opportunities and habi- man, Terri Finger, Vaughn Forrest, Kristen counties. In the midst of large fishing and tim- tat for unique plant and animal species. Foskett, and Teresa Fulton. James Geoffrey, Elizabeth Gianini, Shan- ber industries, these giant trees, some over Some entrepreneurs recognized that there non Gravitte, James Griffin, Michael Hearn, 2,000 years of age and over 350 feet in were other ways to gather gold than simply Mark Heidelberger, Jane Hicks, Mary Carl- height, annually attract over one million adults panning in a streambed. They opened dry son Higgins, Judi Holcomb, Barbie Howe, and children from around the world who stare goods stores, banks and hotels. Women found Dawn Igler, Joe Jacquot, Kirt Johnson, Dana in amazement at the enormity of the world’s that they could earn a living utilizing their Hargon Jones, Vincent Jones, Josh Kane, tallest trees. Redwood National Park, home to household skills cooking and cleaning for min- Dirk Karaman, Karl Kaufmann, Susan over 110,000 acres, was established in 1968 ers who couldn’t. California was born a land of Kessel, Anne Kienlen, Janie Kong, Sue Lan- and expanded ten years later to protect the caster, Carolyn Lindsey, Patti Lockrow, and golden opportunities and to this day she con- Linda Lovell. slow maturing redwoods. tinues to call to those willing to take a risk in Gerry Lynam, Ellen Maracotta, Kevin Fort Bragg, California is the setting for the order to improve their own lives. McCourt, Selma McKinzie, Ferrall Annual World’s Largest Salmon BBQ, which is Many came to California for only a visit, but McMahon, Bob Meagher, Judy Merk, Dave held on the July 4th weekend. This year com- stayed a lifetime. The specious skies, majestic Merkel, Helen Mitternight, Lisa Morin, Don memorated the 29th anniversary of the event mountains, and rushing rivers of Northern Morrissey, Rufus Montgomery, Maureen that benefits the local Salmon Restoration As- Mulherin, Sophia Nash, Karen Nasrallah, California stirred their souls, while her fertile sociation (SRA). Its goal is to replenish the valleys, gentle climate, and endless opportuni- Paula Nelson, Jaclyn Norris, Jennifer Paine, once great numbers of salmon in the Northern Clif Parker, Mari Parsons, Marissa Barnes ties captured their imagination. Yes, gold fever Raflo, Mary Lee Reed, Therese Ridenour, California waters. Members of the SRA are may have lured early settlers here, but even Debby Roeder, and Tom Rosenkoetter. joined by volunteers from across the region though the stores of that precious metal have Clif Rumbley, Christy Russell, Ann Scar- and help serve 5,000 pounds of salmon, 5,000 mostly given out, people still flock to California borough, Eythan Schiller, Karen Schwartz, ears of corn, 1,000 pounds of salad and 850 today. Jenn Hargon Sikora, Ginny Smith, Lisa loaves of French bread. Weigle Smith, Teresa Smith, Yvette The First Congressional District is also As a third generation Northern Californian, I Sommers, Phil Squair, Janet Sterns, Marise home to Solano County’s Travis Air Force am very proud of the beauty and resources of Stewart, Pam Tabor, Jay Therrell, Laurie Base, which currently houses the largest airlift my native land. I am proud to celebrate the Thompson, Carl Thorsen, Chuong Tran, organization in the Air Force. Travis, estab- 150 years that this jewel has been an impor- Steve Van Slyke, Linda Vogt, Tyler Wesson, tant part of our great nation. Tina Westby, Elaine Whipple, Susan Wil- lished in 1942, is assigned to the 60th Air Mo- liams, and Leslie Woolley. bility Wing, consisting of the 60th Operations, Mr. OSE. Mr. Speaker, I rise today rep- resenting California’s Third Congressional Dis- f Logistics, Support, and Medical Groups. For 50 years, Travis has presented the Travis Air trict in celebrating the Sesquicentennial of the CALIFORNIA’S SESQUICENTENNIAL Expo, attracting more than 200,000 guests great state of California’s admittance to the The SPEAKER pro tempore. Under a each year, who watch this two-day event fea- Union. previous order of the House, the gen- turing multiple performances by some of the California’s Third District is one of the truly tleman from California (Mr. FARR) is world’s top military, civilian and vintage aerial diverse regions of the country. The district recognized for 5 minutes. demonstrators. The Travis Air Expo has estab- stretches from Sacramento’s urban, south- Mr. FARR of California. Mr. Speaker, on be- lished itself as the premier military air show in western suburbs to the spacious northern half of the California delegation, I submit the Northern California. country of Tehama, serving as a bridge be- following statements relating to California’s Mr. Speaker, these are just a few of the im- tween the flat agricultural lands of the upper 150th anniversary of Statehood. portant events held in the First Congressional Sacramento River Valley and the state’s north- Mr. THOMPSON of California. Mr. Speaker, District that reflect the strength, character and ern, timber-rich highlands. From East to West, I rise today to celebrate California’s 150th An- integrity of our residents who represent the di- the District lies between the majestic Sierra niversary. This is a momentous occasion as versity of the entire state. It is appropriate at and Coastal Range. we recognize the most populace and one of this time, Mr. Speaker, that we recognize and The roots of the Third District can be traced the most diverse states in the Union. With 52 celebrate the birth of the great state of Cali- parallel to those of the state. On January 24th, Congressional Districts, each brings its own fornia. 1848, James Marshall reached into the icy wa- culture, tradition, attitude and history to the Mr. HERGER. Mr. Speaker, 150 years ago ters of the American River near Sacramento state. this past Saturday the state of California en- and found the first gold nugget. People from California’s First Congressional District con- tered into the Union. I rise today to commemo- around the globe came to California in search tains the finest wines, greatest fishing, and rate this anniversary, and to celebrate the re- of their dreams. By August of 1849, the City richest forests in our nation. From chardonnay sources and treasures of the 2nd congres- of Sacramento was born and nearly a year to cabernet, the vineyards within the First Dis- sional district. later, in September of 1850, the State of Cali- trict produce outstanding varietal wines. The Historically, the great state of California is fornia was made into the 31st State. 400 wineries use cutting-edge science with most often associated with the Gold Rush. traditional techniques to provide wines of Northern California was the main destination The Northern portion of the district is home every type and vintage, for beginning tasters of those in search of quick wealth. The banks to some of this country’s most beautiful sites, to advanced collectors. of the Feather River yielded great riches to including both the Lassen National Park and The Napa Valley Wine Auction, held each those who were in the right place at the right the Mendocino National Forest. The pictur- June, has become the largest and most suc- time, but the precious metal that caused a esque Sutter Buttes are considered the small- cessful charity wine auction in the world since rush to the West was not the only treasure est mountain range in North America. its beginning in 1981. Hundreds of wine enthu- that California possessed. Today, the District is one of the leading pro- siasts and auction-goers from across the na- Young settlers whose dreams had not mate- ducers of agricultural crops, including an tion, as well as a growing number of inter- rialized in the gold fields soon turned to the abundant production of rice, tomatoes, peach- national guests, travel to participate in a gala fertile Central Valley and envisioned golden es, pears, almonds, pistachios and avocados. weekend of tastings, dining, art shows, and acres of grain. Today those acres are covered The Third District is also the home of the Uni- auctions. As the auction has grown, along with with fruit trees, rice fields, and almond and versity of California at Davis, one of the lead- the wines it showcases, it has raised millions walnut orchards, as the valley continues to ing research universities in the country. of dollars for local health care. Sponsored by yield its agricultural treasure, making California But most of all, what makes the Third Dis- the Napa Valley Vintners Association, the auc- the leading agricultural economy in the world. trict special are the people who reside in it. tion has donated over $16 million to local Others looked at the golden promise in the The tight-knit communities in counties like charities, raising a record-breaking $9.5 million vast forests. Their labor provided the lumber Butte, Colusa, Glenn, Sacramento, Solano, this year alone. for the growing towns and cities of Northern Sutter, Tehama and Yolo instill a strong sense North of the grapevines of Napa, Sonoma, California. A tremendous renewable resource of family values that will carry on through fu- Mendocino, Solano and Lake Counties, lie the to the American people, our forests provide ture generations.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17840 CONGRESSIONAL RECORD—HOUSE September 13, 2000 I am extremely proud to reside in and rep- natural preserve in 1960, the 32-mile long Congressional District is a place we are all resent the Third Congressional District of Cali- parkway is the first, and one of the few, ripar- proud to call ‘‘home.’’ fornia. It is with honor that I rise today to rec- ian river habitat preservations within a major More information about California’s Sixth ognize the 150th anniversary of this Great urban center. Its 7,000-acres offer opportuni- Congressional District can be found in the State and our wonderful district. ties for fishing, rafting, kayaking, hiking, and Local Legacies collection at the American Mr. MATSUI. Mr. Speaker, I rise today to nature study. Clearly, residents of Sacramento Folklife Center for the Library of Congress. recognize California’s State Capitol, the great have a great city to be proud of. Mr. Speaker, it is my great pleasure to pay city of Sacramento, in celebration of the 150th With all that Sacramento has to offer, some tribute to the Sixth Congressional District in anniversary of California’s admission to the like to think of Sacramento as California’s honor of California’s Sesquicentennial. I am Union. best-kept secret. True, it is the ideal place to very proud to be representing such an accom- Located in the heart of Northern California, live and do business. But I like to think of it plished and beautiful area of California in Con- the River City of Sacramento boasts a rich simply as home. gress. Happy 150th Birthday, California! blending of art and culture offering the com- Ms. WOOLSEY. Mr. Speaker, I rise today to Mr. GEORGE MILLER of California. Mr. forts of a small town and the amenities of a recognize California’s Sesquicentennial. I am Speaker, California’s 7th congressional district growing metropolitan area. As the capitol of very proud to represent California’s Sixth Con- includes portions of Contra Costa and Solano the sixth largest economy in the world, Cali- gressional District. This district includes all of Counties and is situated astride San Francisco fornia, Sacramento is home to the world’s Marin and most of Sonoma County, the region Bay and the Sacramento River. Its economic, largest almond processing plant, Blue Dia- north of the Golden Gate Bridge. The District, demographic and political history is deeply mond and continues to rank as a major agri- initially the home of Native American Tribes, linked to its geography. Industry ranging from cultural producer year after year. But while has been under seven sovereign flags: Eng- oil refining to shipping, an extensive Navy Sacramento has a thriving business commu- land, Spain, Russia, Mexico, the Bear Flag presence, and deep concerns about water nity, the state legislature also claims Sac- Republic, California and the U.S.A. quality and the environment—especially the ramento as its home base. The magnificent The Sixth Congressional District has been protection of the Bay and the Sacramento-San State Capital building alone attracts scores of home to a wide variety of businesses and ag- Joaquin Delta—have long been central fea- world leaders, businessmen and women, ricultural endeavors. Sonoma County recently tures of the region. It is no accident that it was school children and tourists alike. earned 3rd place in a nationwide Forbes mag- in Martinez, the Contra Costa County seat, Si- Helping to keep Sacramento’s economy azine that ranked the best cities in which to do erra Club founder John Muir resided and booming is its natural positioning as a gate- business. Since 1987, the area from Novato to wrote his tracts that transformed our view of way for industry. Located at the crossroads of Santa Rosa has earned the nickname natural resource protection. the state’s north-south and east-west trade ‘‘Telecom Valley,’’ for the large number of tele- The 7th district is also the site of significant routes, Sacramento is able to host a deep- communications companies that the area has national historical events from the era of World water port and a major airport. The film indus- produced. Marin and Sonoma Counties are War II. At the site of the former Port Chicago try is another enterprise attracted to Sac- also home to many other high-tech firms. In Naval Weapons Magazine (currently the Con- ramento, but for different reasons. From gold- the agricultural arena, Sonoma County con- cord Naval Weapons Station), the largest do- rush era store fronts to picture perfect Vic- tains dozens of vineyards, wineries, and apple mestic loss of life during World War II oc- torian homes to modern office buildings, Sac- orchards. Both counties have a long and curred on July 17, 1944 when over 320 men, ramento has lent itself as an aesthetically proud history of dairy and poultry farming. most of whom were black, were killed in a cat- pleasing backdrop to a long list of cinema The Sixth Congressional District also has a aclysmic explosion. The subsequent refusal of classics, most recently, The General’s Daugh- rich musical and artistic history. From the black sailors, who were the subject of discrimi- ter and Oscar Winner, American Beauty. Great Depression through the 1950s, the Rus- nation, to resume the loading of munitions led Major league sports teams have also found sian River area of Sonoma County was the to the largest court martial in Navy history and a successful and welcoming home along the venue for Big Bands. The Kingston Trio began a landmark civil rights case that helped facili- Delta. Two major league basketball teams, the their career in Marin County in the 1950s. tate President Truman’s decision to integrate Sacramento Kings and the Sacramento Mon- Their ownership of the Trident in Sausalito the armed forces later in the decade. Con- archs play to sold out crowds in the Arco brought other famous and soon-to-be-famous gress designated the site of the explosion as Arena. Most recently, Sacramento welcomed a to the country. In the 1960s, Marin resident the Port Chicago National Memorial in 1992. new team, the Sacramento River Cats. A farm Bill Graham’s productions engendered poster In December of 1999, after a long effort I led team for the Oakland A’s, the River Cats play art that defined much of the nation’s art of that with other lawmakers, activists, and veterans, in a brand new stadium just 450 yards from decade, just as his concerts defined the pop- President Clinton issued a Presidential pardon Old Town Sacramento, bridging together Sac- ular music and culture of the times. Today, to Mr. Freddie Meeks of Los Angeles, one of ramento’s colorful gold rush past with a new Sonoma State University is building the Don the last remaining men who was court- set of hometown heroes. and Maureen Green Music Center—a music, martialed more than half a century ago. Over the years, Sacramento has seen some dance, and drama performance center on the Richmond, California, on the 7th district’s significant firsts. The initial transcontinental level of Tanglewood, that will become an inter- west side, was a small city when World War railroad meeting between the ‘‘Big Four’’, Le- national destination for its summer festivals. II began and the Kaiser Shipyards were cre- land Stanford, Charles Crocker, Collis P. Film arts in the District are highlighted by ated to build the Liberty and Victory ships that Hunington, and Mark Hopkins was held above the Mill Valley Film Festival, long known as supported the war effort. Tens of thousands of a downtown hardware store in 1860. Also in the springboard for new talents. The District new workers—including many minorities and 1860, the Pony Express began its 1,980-mile has often been chosen as a filming location women—ballooned the local population and ten-day delivery service between St. Joseph, for such movies as Alfred Hitchcock’s The created the legendary ‘‘Rosie the Riveter’’ Missouri and Sacramento. And Tower Birds and Vertigo, as well as Star Wars and image. Together with providing women pre- Records, America’s second largest record re- others. Marin County is also home to George viously unavailable jobs in industrial plants, tailer got its start selling used jukebox records Lucas, a frequent Oscar winner over the last Richmond served as the epicenter of dramatic for 10 cents each in a Sacramento drug store. several years. changes in American life that were to affect Known for its many acclaimed historical Sonoma and Marin counties’ residents are generations including racial and gender inte- points of interest such as Sutter’s Fort and the notable for their environmental consciousness, gration of the workplace, group health services Delta King, Sacramento is also respected for and a look at the natural treasures of the Dis- and expansive child care. Congress is now being an environmentally conscious commu- trict makes the reason obvious. The District is completing action on my legislation to create a nity. With all that goes on in and around this home to half of the Golden Gate National National Historic Site to commemorate the rich city, one would hardly guess that Sacramento Recreation Area, the nation’s most visited Na- history of Richmond’s contributions to ending could brag about having more park space per tional Park; Point Reyes National Seashore; WWII and changing our society forever. capital than any other city in the nation. But it the breathtaking Russian River recreation Those historic changes continue today with is true; this city has many more trees than area; plus several state and county parks; the conversion of the former century-old Mare people. One of the greatest success stories is mountains and valleys; redwood groves and Island Naval Shipyard in Vallejo to civilian the American River Parkway. Designated a miles and miles of coastline. Truly, the Sixth uses including environmental protection and

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17841 local economic development. The 7th district cisco, the Presidio is now an urban oasis of his vivid evocations of the Far North. The East has an historic past and today is a critical part open space that preserves a critical habitat for Bay’s sometimes chilly climate may have of the San Francisco Bay Area’s economic, some rare and endangered species. The Pre- helped inspire some of his more picturesque environmental, cultural and communications sidio contains an incredible assortment of rec- depictions of life in the Yukon. Nor was Lon- life. reational, cultural, and natural resources that don the only cultural icon to grace Oakland’s Ms. PELOSI. Mr. Speaker, this past Satur- makes it a top destination for visitors to San streets: Robert Louis Stephenson, and Ger- day marked the 150th anniversary of the entry Francisco and a well-loved and visited site for trude Stein both lived in Oakland, and all en- of the State of California into the United the City’s residents. Fittingly, the Presidio has riched our literary heritage. Today, Jack Lon- States. I rise today to recognize this important also become home to a Swords-to-Plowshares don Square bears Oakland’s famous son’s date and to bring to the attention of my col- program which helps veterans re-assimilate name, such an important part of the city that leagues the important contribution of the Pre- into civilian society through job training, hous- is standing at the waterfront. sidio of San Francisco to the history of the ing assistance, and counseling. As a sea, air and rail port, Oakland is at the Eighth Congressional District and to the State Mr. Speaker, the Presidio of San Francisco, hub of California trade. The maritime port of California as a whole. with its proximity to the Golden Gate Bridge stretches across nineteen miles of San Fran- The Presidio has overlooked San Francisco and the California Coastline, its beautiful for- cisco Bay. One of the largest ports on the Bay since the United States came into exist- ests and unique ecology, and especially its West Coast, the Port of Oakland is today sec- ence. Built in 1776 by the Spanish Empire in role in the development of California, deserves ond only to New York in terms of container North America, the military outpost of the Pre- recognition for its place in the history of the terminal space. It is the primary sea terminal sidio was created after the great inland harbor Golden State. I am proud to recognize this connecting the western United States of Asia, of San Francisco was discovered during colo- contribution and to honor the Great State of South America, and Europe. Like the seaport, nizing expeditions. The Presidio was briefly California on its sesquicentennial anniversary. the airport also represents a crucial link in the under the control of the newly independent Ms. LEE. Mr. Speaker, I am proud to rise chain of intrastate, interstate, and international Republic of Mexico starting in 1821, but was today to commemorate the Sesquicentennial commerce. The Oakland Airport was also the finally transferred to American control by treaty of California’s statehood. One hundred and starting point in 1937 for Amelia Earhart’s ill- in 1848. fifty years ago, California became the 31st fated round-the-world flight. In many ways, the history of the Presidio state in the union. It is my great privilege to In addition to its role in transportation, the has mirrored the events that shaped our na- represent the Ninth District of California, which Ninth District also plays a leading role in the tion. During the 1870’s and 1880’s, the Pre- has played a vital role in the history, economy, nation’s academic life. The University of Cali- sidio served as a frontier outpost, from which and culture of this wonderful state. fornia is one of the finest academic institutions soldiers saw action in the Indian Wars. San The Ninth District has a rich history of its in the country. It was born out of the heady Franciscans are proud of the service at the own in the last 150 years. Home to the City spirit of California’s 1849 gold rush. In that Presidio during this time of the Buffalo Sol- and Port of Oakland and the University of year, the authors of the State Constitution de- diers, all Black-regiments established to help California at Berkeley, this East Bay area of- manded that the legislature ‘‘encourage by all rebuild the country after the Civil War and to fers ethnic diversity, intellectual ferment, and suitable means the promotion of intellectual, patrol the western frontier. economic vitality, and has made a wide array scientific, moral and agricultural improvement’’ By the turn of the century, the Presidio shift- of contributions to science, technology, lit- of the people of California. The gold rush may ed from an outpost to a major military installa- erature, the arts, and business. have played out, but the university that was tion and a base for American expansion into Oakland emerged as a major commercial eventually created at Berkeley has uncovered the Pacific. In 1898, tens of thousands of and transportation center in the heyday of the a rich vein of ideas. Today, the University of American soldiers camped at the Presidio in California Gold Rush of 1849. It became a California ranks among the top universities in preparation for the invasion of the Philippines crucial transit point from the San Francisco the world. during the Spanish American War. In 1915, Bay to Sutter’s Mill and the Sierra Nevada The historic landmarks in this district include General John Pershing, later to become the foothills. Oakland dramatically expanded after the Camron-Stanford House, Dunsmuir House, commander of U.S. expeditionary forces in the tragic San Francisco earthquake of 1906 Mills Hall located on the Mills College campus, World War I, led the pursuit into Mexico of as Californians sought firmer ground. The city the Paramount Theatre, the U.S.S. Hornet Pancho Villa from the Presidio. The Presidio again ballooned upward in population during (CV–12), the several buildings designed by ar- became headquarters for the Western De- the Second World War, when thousands of chitects Julia Morgan and Bernard Maybeck. fense Command during action in the Pacific in Americans came to the District to work in the Additional landmarks in the district include the World War II, and soldiers began digging fox- busy shipyards, the Oakland Army Base, and C.L. Dellums Train Station, the just-opened holes in local beaches in anticipation of a pos- the Naval Air Station in Alameda. Chabot Observatory and Science Center, Chil- sible invasion. As the city grew, so did its commitment to dren’s Fairyland (Walt Disney’s blueprint for Playing a significant role in the preservation progressive activism. Individuals such as Disneyland), Jack London Square, Lake Mer- of nature, the Presidio’s role in the San Fran- Cotrell Lawrence Dellums, a Pullman porter ritt, Lawrence Hall of Science, Oakland’s cisco Bay Area transcends its military roots. and a Bay area representative for the Brother- Chinatown, and the Ronald V. Dellums Fed- As far back as the 1880’s, the first large-scale hood of Sleeping Car Porters, began orga- eral Building. tree planting and post beautification projects nizing fellow African-Americans to join the In recent history, our district is experiencing were undertaken at the Presidio. The building union in 1925, when Oakland was still strongly increased growth of ‘‘dot coms,’’ biotechnology of the Golden Gate Bridge from 1933 to 1937 linked to the passenger rails. As the head of research centers and hi-technology companies increased the public use of the Presidio. The the Alameda County NAACP, he helped the such as Bayer, Chiron, Sybase and Wind Presidio was designated a National Historic AFL–CIO consolidate its membership by deliv- River. Landmark in 1962. From that time to its even- ering the support of Black railroad workers Four of our annual events were recently tual closure as a military base in 1989, and its and members of the NAACP, and was among placed as a ‘‘Local Legacy’’ as a centerpiece transfer in 1994, thanks to the visionary ac- the first to organize voter registration cam- of the Library of Congress’ Bicentennial cele- tions of Philip Burton, to the National Park paigns in the district. bration. These events are the Solano Stroll, Service, the significance of the Presidio has C.L. Dellums’ spirit of activism has remained Dia de los Muertos, the Black Cowboys Pa- shifted from a strategically important military alive in California’s District Nine throughout rade and the Festival of Greece. I am proud base to a gem in the National Park system the years, demonstrated by minority groups that these events are recognized by the Li- and an integral part of California’s landscape organizing to demand equality, the student brary of Congress as a local legacy. and history. anti-war protests at the University of Cali- With a century and a half of history behind Today, the Presidio continues to reflect the fornia, and working men and women joining it, California now stands at the brink of a new changing priorities of our nation. In a change together to demand better working conditions. century and a new millennium. Its gold-rush reflecting a swords-to-plowshares approach, Two-time Socialist Party Candidate for inspired state motto is ‘‘Eureka,’’ a Greek word the former military installation at the Presidio Mayor and ‘‘Call of the Wild’’ author Jack Lon- proclaiming discovery. As we move forward has become a national park like no other. Sur- don called Oakland his home for nearly thirty into the future, we must continue to celebrate rounded by dense neighborhood in San Fran- years. From that city, London wrote many of our diversity, remember our past, and refute

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17842 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Gertrude Stein’s famous Oakland lament that home to the Tokay Grape and over 40,000 ern part of San Francisco County. After the ‘‘there was no there there.’’ There is a there, acres of vineyards. Some of California’s finest initial chaos of the early years of the gold there, and for a hundred and fifty years there wineries are located in nearby Woodbridge rush, the growth of these two counties was has been. and Acampo. more orderly but still robust. Mrs. TAUSCHER. Mr. Speaker, I rise today Stockton is the backbone of California’s ag- San Mateo County was given a boost by the to celebrate the Sesquicentennial of Califor- ricultural hub and home to nearly 250,000 tragedy of the massive 1906 San Francisco nia’s admission into the Union as the nation’s residents. It is our state’s largest inland ship- earthquake, when thousands of displaced and 31st state on September 9, 1850. California’s ping port, which sends the San Joaquin Val- terrified residents fled the city and encamped 10th Congressional District has been instru- ley’s farm products to the open market. in what became Daly City. As the Bay Area mental in the state’s history. In the 1800s, my Thanks to its rich soil and temperate climate, developed, San Mateo County likewise grew district had a strong connection with the Old Stockton is one of the most productive grow- as a cluster of communities—each filled with West, populated by Americans during Califor- ing areas in California. Major crops include as- growing numbers of Irish, Italian, Greek, and nia’s Gold Rush and a center for miners. The paragus, cherries, tomatoes, walnuts and al- Asian-Americans moved to the suburbs from 10th Congressional District became one of the monds. Stockton is also home to the Univer- ‘‘the City.’’ Each of these cities developed its main routes to the gold fields and quickly be- sity of the Pacific, a charming campus known own unique character and flavor, and each came a mercantile stopover for miners seek- for its programs in law and pharmacy. Stock- has contributed to the diversity and cohesion ing their fortune in the Mother Lode. ton has historically been a multicultural city. of our area. Many of those miners purchased land in this Older generations of families from Europe and Today—a century and a half after California beautiful area. In 1854 Daniel and Andrew Mexico are being joined by new arrivals from became our nation’s 31st state—the 12th Con- Inman founded Danville when they bought 400 South East Asia and Central America. In gressional District continues to reflect the rich acres with their mining earnings. By 1858 the 1999, Stockton was awarded the ‘‘All Amer- diversity of our past and the golden hope for new Danville community grew and thrived, ican City’’ award by the National Civic League. our state and our nation’s future. Two ele- complete with a blacksmith, hotel, Mr. Speaker, it is indeed a great honor to be ments strike me as particularly significant in wheelwright, general store, and a post office. a life long native of the 11th district and to this regard, Mr. Speaker. The City of Lafayette was well known represent it today in the Congress. The 11th First, the 12th Congressional District reflects throughout California in the early 1860 as a is one of the most diverse culturally and eco- the ethnic complexity of California and of the stop for the Pony Express from April 3, 1860 nomically. But together, its people serve an nation. As The Los Angeles Times (Sep- to late October 1861. The 200-mile trail served important role in the economy of both Cali- tember 8) noted, ‘‘The Gold Rush was a defin- as the fastest mail delivery between St. Jo- fornia and America. I am pleased to join my ing moment in the nation’s history, a remark- seph, Missouri and Sacramento, California. delegates today in celebrating the Sesqui- able, virtually overnight influx of people from The Town of Moraga was named for Joa- centennial of the Golden State. every quarter of the world.’’ In many ways that quin Moraga, the grandson of Joseph Joaquin Mr. LANTOS. Mr. Speaker, I join my col- influx of a diverse population a century and a Moraga who was the second in command of leagues from the golden State of California in half ago established the pattern of our state. the Anza Expedition of 1776, the founder of marking the 150th anniversary of statehood. Ethnic diversity is not just a concept in our San Francisco, Mission Delores and the It was 50 years ago—in the summer of area, it is a daily reality. founder and first commandant of the Presidio. 1950 when California celebrated the centen- One quarter of our population in the 12th In 1835, he received a 13,316-acre land grant nial of its admission to the Union—that my Congressional District are Asian—Chinese, from the Mexican government, which included new bride and I moved to the San Francisco Filipino, South Asian, Japanese, Southeast parts of Orinda and Lafayette. On a hill over- Bay Area. And it was half a century ago that Asian and others. Over an eighth of our popu- looking the Moraga Valley, Joaquin Moraga Annette and I began our connection with the lation is Hispanic with a smaller population of built an adobe home, thought to be the oldest part of our state that is now the 12th Congres- African Americans. A recent article in the San building in Contra Costa County. sional District. In the fall of 1950, I began my Francisco Examiner on Daly City referred to Today the 10th Congressional District main- studies as a graduate student in economics at this diversity in praising the mixture of ‘‘Span- tains its historic roots combining clusters of the University of California, Berkeley, and at ish, Tagalog and Hindi’’ heard in the city’s narrow roads and early buildings with 21st the same time I began teaching at San Fran- markets, and noted that ‘‘ethnic diversity is a Century high technology office parks. The citi- cisco State University. When we arrived in source of pride for the community as reflected zens in the 10th Congressional District are California, it had a population of 10.6 million. in its integrated neighborhoods.’’ As the State among the highest skilled and educated work- Today, Mr. Speaker, our state’s population of California moves from a majority white to a force in the nation. While they are at the epi- has reached 33.1 million—1 out of every 8 ‘‘majority minority’’ population and as our na- center of the high-tech economy, they are also Americans is a Californian. tion’s population becomes increasingly di- committed historic preservation and protecting As we mark 150 years of statehood, it is in- verse, the 12th Congressional District is a har- the natural physical environment in one of the structive to look both to our historic past, but binger of the benefits of a harmonious, eth- nation’s more desirable places to live. The at the same time to look to the future, and nically diverse community. 10th Congressional District is committed to California and the 12th Congressional District Mr. Speaker, this is not to say that tolerance preserving its past and looking forward to the was as important in shaping our nation’s past and multi-ethnic harmony has always been the next one hundred-fifty years as a part of this as it is today in leading the way toward our case in our state. California, as the rest of the great nation. nation’s future. nation, has had its share of discrimination and Mr. POMBO. Mr. Speaker, I rise today with Mr. Speaker, in the mid-19th century, the racism. Chinese and other Asians suffered my fellow delegates to celebrate and honor Bay Area was the principal gateway to the harassment and intimidation during the era of the 150th birthday of the great state of Cali- California gold rush. In 1847—with the Mexi- the Chinese Exclusion Act. During World War fornia. can War still underway, two years before of II, tens of thousands of American citizens of I have the honor of representing the 11th the influx of the gold miners of 1849, and Japanese ancestry were sent to relocation district of California, which includes the San three years before California’s admission to camps. Hispanic-Americans have faced dis- Joaquin County cities of Stockton and Lodi. the Union—San Francisco had a population of crimination for using Spanish and maintaining Each has played a dynamic part in the historic 459 people, half of whom were U.S. citizens. their national cultures. But we have learned, and economic development of the Golden Three years later on July 1, 1850, the U.S. we have made progress, and we continue to State. Census Bureau reported that the population of struggle with the complications of diversity. The town of Lodi was settled by families of San Francisco was 94,766, and at that same Mr. Speaker, a second element is the im- German descent from North Dakota. It first time, 626 vessels were anchored in the San portance of the Peninsula and of San Fran- served as a railroad stop known as Francisco Bay. cisco in our state and our nation’s economy. Mokelumne Station in 1869, which was re- When California became a State, the legis- A century and a half ago, panning for gold named to Lodi three years later. Formally the lature established San Francisco County, but made a few people rich quickly, but those who ‘‘Watermelon Capital,’’ Lodi today is known as with the explosive growth of the area just six made the real contribution to our state and our the ‘‘Wine grape Capital’’ of the world. This years later in 1856, it was necessary to create nation’s economy as well as real wealth for booming town of over 50,000 residents is the new county of San Mateo from the south- themselves were the individuals who brought

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17843 the entrepreneurial spirit which gave rise to sions. Mission San Jose was the center of in- Mr. Speaker, as I rise to pay tribute to the such legendary businesses as Levi Strauss, dustry and agriculture; its location was chosen Golden State’s sesquicentennial, I wish to Ghiradelli chocolate, and the Wells Fargo for the abundance of natural resources in this honor those Californians, past and present, Bank. region. whose dedication and ingenuity have made A century and a half ago, Gold was discov- In 1868, a giant earthquake shattered the this state one of which I am proud to rep- ered at Sutter’s fort on January 24, 1848, but walls and roof the Mission San Jose church. resent in Congress. the first newspaper story about the discovery The site was cleared and a wood Gothic-style Silicon Valley’s first inhabitants, the Ohlone to appear in a newspaper in the eastern church was erected directly over the original Indians, discovered one of the original and United States was only published eight red tiled mission floor. In 1956, the town of months later in the New York Herald on Au- Mission San Jose incorporated with four oth- richest mines in California. The discovery of gust 19. When California was formally admit- ers to become the City of Fremont. Plans to the red ore of mercury (dubbed ‘‘mohetka’’ by ted as a State to the Union on September 9, reconstruct the church of Mission San Jose the Ohlones), however, quickly changed the 1850, it required six weeks for the steamer were begun in 1973. Mission San Jose stands face of the region. It also impacted the rest of bearing the banner ‘‘California is a State’’ to today as a testament to California’s history California, as the mercury discovery favorably arrive in San Francisco. The celebration of and the influence of the Spanish as part of contributed to the success of gold and silver statehood in California did not take place until California’s rich heritage. mining. Andres Castillero, a Mexican cavalry October 29—a full 50 days after statehood As we commemorate the Sesquicentennial officer, was the first to file a legal claim to the was a reality. Today, California is in the fore- anniversary of California, I am proud to recog- mineral deposit, and was granted title, during front of the instantaneous communication rev- nize Mission San Jose and the part it has the mid-1800s. Following the Mexican-Amer- olution, as Internet communication and e-com- played in the history of California. ican war and California’s entry into the United merce led by firms in Silicon Valley and San Ms. ESHOO. Mr. Speaker, I rise today to States, the Quicksilver Mining Company as- Francisco revolutionize the way the entire celebrate the 150th anniversary of the State of sumed management of the mines in 1864. world communicates. California and the innovations of its 14th Con- Like his successors, Samuel Butterworth, first Today, Mr. Speaker, we continue to have an gressional District. California has numerous President of the Quicksilver Mining Company, ebullient economy in the Bay Area, and this is historical landmarks, but only one is a garage did much to initiate early development of to- an important element of our state’s contribu- in Palo Alto where the technological revolution day’s Silicon Valley. During his tenure at the tion to the entire nation. As our distinguished was born. A plaque proclaims this The Birth- Company, seven hundred buildings were con- Governor Gray Davis said recently: ‘‘We’re ex- place of Silicon Valley. structed to support the quicksilver mining com- periencing a second Gold Rush. People came In 1938, William R. Hewlett and David Pack- munity including a company store, school- here 150 years ago to find their fortune, and ard rented a garage to found a fledgling elec- house, boarding house, a community center, the dot-com economy is bringing another gen- tronic business and it was here that they pro- and church. eration of risk takers and entrepreneurs. All duced their first commercial audio oscillator, Although the bonanza days of quicksilver this energy and vitality helps drive our econ- an instrument that generates audio fre- production are over, and only a few landmarks omy and makes for the robust society we cur- quencies used by the broadcast and entertain- remain, the century of mercury production and rently enjoy’’ (San Jose Mercury News, Sep- ment industries to test sound quality. Orders the hard work of early miners have left an in- tember 9). Today legendary companies in the soon began to pour in from companies such delible mark on California. The same entrepre- 12th Congressional District such as Oracle in as Walt Disney, and the Hewlett-Packard the information technology sector and Company was born. neurial spirit, which led to the early economic Genentech in the biotech sector are leading By the end of 1939, sales had soared to al- development of California, can still be found in the nation in creativity and innovation. most $5,000 a year, and Hewlett-Packard was Silicon Valley today. Two recent pioneers, Mr. Speaker, it is important today that we forced to abandon the garage for more spa- Jack Kilby and Robert Noyce, paved the way not only mark a century and a half of Califor- cious quarters to house their rapidly expand- for the region becoming a global leader in the nia’s statehood with celebration and congratu- ing company. Within 20 years Hewlett-Packard high-tech computer industry by inventing the lation, but that we also use this opportunity to was manufacturing over 370 electronic prod- integrated circuit. reflect upon how our past has shaped our ucts and in 1972, H–P introduced the first of It seems that the integrated circuit was des- present and how the decisions we take today its hand-held calculators which would cement tined to be developed. Two inventors, unbe- will determine our future. If we commit our- the company’s place in the forefront of the knownst to each other, both designed almost selves to continue and strengthen the best of electronics industry. The company, of course, identical integrated circuits at roughly the our state’s traditions, we can assure that the also manufactures computers and by 1994, same time. From 1958 to 1959, electrical engi- future for our children and grandchildren will H–P’s sales in computer products, service, neers Robert Noyce, co-founder of the Fair- be even more golden than our past. and support were almost $20 billion, or about child Semiconductor Corporation, and Jack Mr. STARK. Mr. Speaker, I rise today to ac- 78% of its total business. Kilby of Texas Instruments, were working on knowledge California’s historic 150th birthday The garage where Hewlett-Packard began an answer to the same dilemma: how to make celebration. California officially entered the still remains and is a reminder of how great in- more of less. In designing a complex elec- United States on September 9, 1850 but the ventions and companies can spring from hum- tronic machine like a computer, it was nec- foundations for the development of California ble origins. The 14th Congressional District essary to increase the number of components were in place well before this important date. has become the heart of a booming techno- involved in order to make technical advances. Under the Spanish Empire, the colonization logical revolution that continues to change the The monolithic (i.e., formed from a single crys- and eventual settlement of California was world in which we live and expand the bound- tal) integrated circuit placed the previously aries of human and scientific accomplishment. greatly influenced by the mission system. The separated transistors, resistors, capacitors and I’m proud to represent this distinguished dis- missions were founded to secure Spain’s connecting wiring onto a single crystal (or claim to land and to teach the native people trict and I ask my colleagues, Mr. Speaker, to ‘‘chip’’) made the semiconductor material. Christianity and the Spanish way of life. The join me in honoring the 150th anniversary of Kilby used germanium, while Noyce used placement of the missions had a direct impact the State of California. silcon to create the semiconductor material. on the development of California, as the mis- Mr. CAMPBELL. Mr. Speaker, a leader in sions fostered agriculture, vintnering, livestock the U.S. and global economy, California—in As a result of their novel research, in 1959, raising, and trade as well as religion. particular, Silicon Valley—is an economic pow- U.S. patents were issued to Jack Kilby I am proud to recognize Mission San Jose, erhouse. From the quicksilver mercury mines (awarded the 1970 National Medal of Science) a historical mission in Fremont, California and to the high-tech computer industry, as is the and Texas Instruments for miniaturized elec- part of the 13th Congressional District. Mission case with California as a whole, Silicon Valley tronic circuits and to Robert Noyce (the found- San Jose was founded on June 11, 1797, by has a rich, diverse history. As we turn to cele- er of Intel) and Fairchild Semiconductor Cor- Father Fermin Francisco de Lausen. The mis- brate the 150th anniversary of California’s poration for a silicon-based integrated circuit. sion was the fourteenth of the twenty-one statehood, we are prompted to reflect upon After several years of legal battles, however, Spanish Missions in California and was one of our region’s natural wealth and, most impor- Texas Instruments and Fairchild Semicon- the most prosperous of all the California mis- tantly, to reflect upon the spirit of its people. ductor Corporation wisely decided to cross-

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17844 CONGRESSIONAL RECORD—HOUSE September 13, 2000 licence their technologies. The first commer- during his tenure he helped to shape the As the most prominent city in the region, cially available integrated circuits were manu- growth of the Pueblo and the surrounding Monterey was the obvious selection as the factured by Fairchild Semiconductor Corpora- area. His endeavors in furnishing troop sup- site for California’s Constitutional Convention tion in 1961. In the same year, Texas Instru- plies, supervising public works, and keeping in 1849. For six weeks 48 delegates of diverse ments used the ‘‘chip’’ technology in Air Force the peace earned him good favor in the eyes backgrounds met in Colton Hall in downtown computers and later to produce the first elec- of the Spanish government. In 1820 Spain Monterey to debate and vote on the final text. tronic portable calculator. Since then, all com- granted Peralta 44,000 acres of land, the larg- The constitution was signed on October 13, puters have begun to employ ‘‘chips’’ instead est land grant of the time. The grant included 1849, and president Millard Filmore officially of individual transistors and their accom- the present day cities of Albany, Berkeley, welcomed California as our 31st state in 1850. panying parts. Emeryville, Oakland, Alameda, Piedmont, and As the birthplace of American California, the Like Silicon Valley’s economy, the develop- parts of San Leandro. Peralta split the land city of Monterey is proud of its contributions to ment of the integrated circuit has undergone between his four sons: Vincente, Doming, An- California’s statehood. Further, I am proud to tremendous change. The original circuit had tonio and Ignacio; they went on to develop congratulate California on its sesquicentennial only one transistor, three resistors and one ca- and populate the land. anniversary. pacitor—it was the size of an adult’s pinkie fin- Thanks to the development of the Pueblo Mr. CONDIT. Mr. Speaker, as the Great ger. Today’s integrated circuit is smaller than and the areas surrounding, this area has con- State of California celebrates its a penny and holds 125 million transistors. The tinued to grow and flourish through present sequiscentennial, I would like to recognize the industry generates approximately $1 trillion an- times. It continues to contribute to California’s very fine people I have the privilege of rep- nually, and ‘‘chip’’ technology is considered economy as a center for high tech and manu- resenting in the 18th Congressional District. one of the most important innovations of hu- facturing companies as the ‘‘Capitol of Silicon Located in California’s great Central Valley, mankind. Valley,’’ and ranks second as a national leader it is recognized as one of the richest agricul- The one thing that has not changed in Sil- in exports. Mr. Speaker, again I would like to tural areas in the world and represents some icon Valley: the independent, entrepreneurial congratulate the people of California’s Six- of our nation’s finest resources. Comprising all spirit of its citizens. Mr. Speaker, as we recog- teenth District for their influence on the history of Stanislaus and Merced Counties and por- nize California on its 150th anniversary, I want and prosperity of the state. tions of San Joaquin, Madera, and Fresno to pay tribute to those Californians, especially Mr. FARR of California. Mr. Speaker, it is counties, the 18th District is within a few hours the native Ohlone Indians, and to Mr. with great pleasure that I rise to congratulate of all of California’s riches, with Merced Coun- Butterworth, Mr. Kilby, and Mr. Noyce, who California on its 150th anniversary. I would like ty being the ‘‘Gateway to Yosemite’’ National have made invaluable contributions to the to take this opportunity to mark the contribu- Park. prosperity of this state and to its people. tions of California’s 17th district to California’s Many of the first settlers to the area at- Ms. LOFGREN. Mr. Speaker, today I proud- rich history. tracted by gold. Today it is affordable housing, ly pay tribute to California on its 150th birth- As the site of the Constitutional Convention good jobs and the California climate that lure in 1849, the city of Monterey played a pivotal day. I would like to congratulate the great many of the newcomers. I am proud of report role in California’s admittance to the Union as state of California and to recognize the Six- the first research university of the new millen- our 31st state. But, the Monterey region also teenth District for its contributions to Califor- nium will be built by the University of Cali- has a rich history that extends back several nia’s rich history. fornia in Merced as we pave new paths and millennia before people from around the globe Mr. Speaker, the history of California begins start new journeys into a golden tomorrow. landed on its shores in the 16th century. Na- long before the introduction of Europeans to I would be remiss however if I didn’t accu- tive Americans enjoyed an abundance of nat- our land. For centuries the Ohlone, locally the rately point to the richest of our resources— ural resources as early as 500 BC. Muwekma, lived in peace and in tranquility Monterey was later discovered by Spain on the people who call the 18th Congressional along the banks of the Guadalupe River in November 17, 1542 when Juan Cabrillo spot- District home. Within its boundaries are a peo- what has since become the city of San Jose. ted La Bahia de los Pinos (Bay of Pines). It ple tightly woven together by a rich cultural But centuries of peaceful existence for the wasn’t until 60 years later, in 1602, that Se- tapestry. Our strength is found in the diversity Muwekma came to an end when, on Novem- bastian Viscaino officially named the region of our poeple—proud, independent and full of ´ ber 29, 1797, Spanish Lieutenant Jose ‘‘Monterey’’ to honor the Viceroy of New Spain character. Juaquin Moraga established the Pueblo de who had authorized his expedition. Like the pioneers who once settled our San Jose de Guadalupe. Created for the pur- The Peninsula was first settled in 1770 great state, these people embody the same pose of supplying the presidios of San Fran- when Gaspar de Portola and Father Junipero spirit of adventure that will lead California into cisco and Monterey with food, the Pueblo be- Serra arrived by land and sea to establish the a prosperous future. came the first civil settlement in California. City of Monterey itself. Monterey began its re- Mr. RADANOVICH. Mr. Speaker, I stand The Pueblo was originally located one mile nown as the fiscal, military, and social center today with my fellow delegates in celebration north of what is now downtown San Jose, but of Mexican California when Spain chose the of the Sesquicentennial of the State of Cali- due to flooding by the Guadalupe River, the city as the capital of Baja and Alta California fornia. Pueblo was forced to move south. With its fer- in 1776. In the decades that followed, the set- As you know, California was admitted into tile soil, the new location quickly became a tlers began to leave the Presidio and expand the union as the nation’s 31st state 150 years center for agriculture. The rich harvests of the throughout Monterey. ago. Since that time, our state has developed fields attracted settlers, causing the population After Mexico’s secession from Spain in into a capital of the arts, a headquarters for of the area to rise quickly and steadily. 1822, Monterey flourished as Mexico opened business, and a distinguished marketplace for The rapid growth and development of this up the region to international trade never al- agriculture. area marked an important time in California’s lowed under Spanish rule and designated Mr. Speaker, I represent the 19th District of history. By 1798 the Pueblo was so widely Monterey as California’s sole port of entry. California, which spreads across the farm populated that its inhabitants constructed a This booming trade also attracted American country below the Sierra foothills from Visalia, one story, adobe Town Hall to meet the citi- settlers to the Peninsula, many of whom even- south of Fresno, to the mountainous Mariposa zens’ needs. The Hall housed the jail, court- tually became Mexican citizens. County. Most of the landmass I represent is room, council chamber, and the offices of var- However, on July 2, 1846, Commodore part of the Sierra Nevada, and it contains ious governing officials. John D. Sloat arrived in Monterey Bay, raised most of three national parks: Yosemite, Kings One such official—Luis Peralta, an Apache the American flag and claimed California for Canyon, and Sequoia. I am truly honored and Indian from Tubac, Mexico, was particularly in- the United States. The Commodore waited privileged to represent an area so rich in fluential in California’s development and five days before, on July 7, 1846, he finally splendor and American history. growth. At the age of sixteen Peralta came to sent 250 soldiers to land and take possession Fresno, for example, is a city of both agri- California with two hundred and forty other of the city. Monterey was captured without a cultural and industrial importance in California. colonists on the Juan Bautista de Anza Expe- single shot being fired. The American occupa- A creation of the industrial age, Fresno was dition from Mexico. In 1807 the Spanish gov- tion lasted until the signing of the Treaty of founded by the Central Pacific Railroad. Its ernment appointed him to the position of Guadalupe Hidalgo in 1848, thus making all of city fathers also bred the local wine grape, de- Comisionado del Pueblo de San Jose, and Alta California part of the United States. veloped the raisin industry, and cultivated the

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17845 Smyrna fig. Now, Fresno County’s crops also It offers a unique mix of major cities and small main engines were designed by Rocketdyne include cotton, citrus, tomatoes, cantaloupes, towns, bountiful vineyards, farms and ranches, and tested at its Santa Susana Field Labora- plums, peaches, and alfalfa. In fact, Mr. and five highly esteemed colleges and univer- tory, as were the engines for the Apollo and Speaker, Fresno County has grown to cur- sities. other space missions. rently produce more farm products in dollar The Central Coast has a long history which Much has changed in 150 years, but much value than any other in the country. embraces the experiences of Spanish explor- remains the same. Agriculture is still Ventura My home of Mariposa County is also of ers and missionaries, the Chumash Indians, a County’s number one industry, although it is great historical significance. At one time it oc- warm climate and a diverse blend of wildlife. now shipped throughout the world from Ven- cupied more than one-fifth of the state’s One small town is named Los Osos, or the tura County’s very own port of entry, the Port 30,000 square miles and is currently home to Valley of the Bears, for the grizzly bears that of Hueneme. One of the country’s two Seabee the oldest working courthouse west of the were once discovered by the explorers and bases is in Ventura County, and the Navy’s Rocky Mountains. Made of hand-planed local missionaries. test firing range for the Pacific Fleet is here. lumber is 1854, the Mariposa County Court- In 1772, Father Junipero Serra, established But Ventura County also is helping to lead house remains the seat of government and one of the first missions in the state, the Mis- California and the nation into a better future. justice to this day and is on the National Reg- sion San Luis Obispo de Tolosa because of Technological and biomedical firms, led by ister of Historic Places. the region’s unmatched beauty and natural re- Amgen, have sprouted up along the 101 cor- The courthouse was accepted as a National sources. Known as the ‘‘Jewel of the Central ridor. With the opening of California State Uni- Historic Landmark because some of the most Coast,’’ San Luis Obispo is host to a variety versity, Channel Islands, in 2002, high-tech firms will find yet another reason to locate celebrated and noted civil, mining, and water of natural wonders, including 80 miles of pris- here. And, the school’s teaching college will cases were held in its courtroom: the Fremont tine Pacific Ocean coastline, rolling green hills, help the nation fulfill its commitment to our land grant title and Biddle Boggs v. Merced and fresh blue lakes. children. Mining Company are but two. During the 1953 Also known for its rich Spanish heritage, Mr. Speaker, California is a state com- centennial celebration of the courthouse, the Santa Barbara is home to the ‘‘Queen of Mis- promised of visionary people with diverse State Bar recognized the building’s signifi- sions,’’ an 18th century Spanish-style mission, backgrounds but with a common goal to suc- cance by declaring it to be preserved as a after which much of the city’s architecture and ceed. Its future remains bright for another 150 ‘‘shrine to justice in California.’’ style has been modeled. In fact, this cultural years. As you can see, Mr. Speaker, the 19th Dis- gift is celebrated each year with a week-long Mr. SHERMAN. Mr. Speaker, today I join trict of California has played a fundamental ‘‘Fiesta,’’ or ‘‘Old Spanish Days,’’ featuring au- my 51 colleagues from the Great State of Cali- role in California’s history. From developing thentic food, music, and dance. fornia to pay tribute to its 150th Statehood An- the agriculture industry, to shaping our civil People from around the world make the niversary and to the 24th Congressional Dis- and natural resource laws, the 19th District’s Central Coast, my District, their vacation des- trict, which I represent. cities are models for emerging communities tination. I am proud to call it my home. From East to West, the 24th runs from across the country. I am honored to represent Happy anniversary California! Sherman Oaks, America’s best-named city, to this district and to have been a lifelong resi- Mr. GALLEGLY. Mr. Speaker, I rise to cele- Thousand Oaks, through the Las Virgenes dent of Mariposa County. Mr. Speaker, please brate the sesquicentennial of California and area to Malibu. It includes thriving business join me in celebrating the Sesquicentennial of the 23rd Congressional District of California’s centers in the western San Fernando Valley the Golden State: California. role in the Golden State’s past, present and and one of California’s and the nation’s most Mr. THOMAS. Mr. Speaker, I want to join in future. treasured natural and recreational resources, commemorating California’s 150th year as a Long before California was admitted as the the Santa Monica Mountains. State. Our diversity and the pioneering spirit of 31st state of the Union, Ventura County was The Santa Monica Mountains National our people should be clear to anyone who vis- home to Native Americans and Europeans. Recreation Area is the most-often visited unit its the communities in Kern and Tulare Coun- Father Junipero Serra founded one of his mis- of our National Park System. Some 33 million ties in my Congressional District, the 21st. sions in Ventura, an area already known to American’s visit her trails and beaches, some While the image other Americans have of the Chumash for its great fishing and abun- of the most beautiful in the world, every year. California is often that of beautiful beaches, dant flora. Most impressive is its location. The Santa high tech industries and outstanding sports As California progressed through the 1800s Monica Mountains National Recreation Area is teams, the real California stands out when and early 20th Century, so did Ventura Coun- just a few-minutes drive from the major popu- anyone visits Kern and Tulare. These are rural ty. First the stage coaches and then the rail- lation centers of Los Angeles—its is our na- counties where families have built some of the road connecting Los Angeles to San Francisco tion’s largest urban park. nation’s best farm businesses—dairy, cotton, came over and through the Santa Susana The residents of the Malibu and Las table grapes, oranges, almonds and pistachio Pass, snaking along the Simi Valley, and on Virgenes areas are neighbors to this extraor- nuts. The California oil industry is centered on out to the coast. Many who passed through dinary resource. It is truly a special place to this area—over half the oil production in Cali- Ventura County were captured by the golden live. The San Fernando Valley, part of the City of fornia comes from Kern County. At the same hills and lush soil. They stayed and raised cat- Los Angeles, is itself a large-sized city, with time, national public lands, including wilder- tle, planted apricots and walnuts, citrus trees 1.4 million residents. If it were a city of its and avocados. ness areas, provide some of the finest oppor- own, the San Fernando Valley would be the Or, they harvested the soil in other ways. tunities for recreation anywhere in the United 6th largest U.S. city. It is richly diverse and a States. Black gold is also among Ventura County’s great community to live and work in. Proudly, If someone wants to see how Californians riches, and you can actually see oil seeping it would be by far the safest of America’s 10 have continued to pursue new ideas, how they out of the soil today as you drive up Highway largest cities. work and how they have built strong commu- 150 between Santa Paula and Ojai, and in Thousand Oaks, a community of more than nities around the use of natural resources and other parts of the county. 100,000 people, is also a wonderful place to high technology, they ought to come out and When Hollywood began to blossom in the work and live. It is an impressive community meet with my friends in Kern and Tulare Los Angeles hills, Ventura County became a and is also home to some of my district’s most Counties. prime film location. Fort Apache with John distinguished employers, including the bio- Mrs. CAPPS. Mr. Speaker, I am honored to Wayne, Columbia’s Jungle Jim series with technology giant, Amgen. represent the beautiful Central Coast of Cali- Johnny Weissmuller, and TV shows such as As you can see, Mr. Speaker, I believe my fornia and to celebrate the 150th anniversary The Adventures of Rin Tin Tin and Sky King district has the best of everything, and so of California’s admission to the Union. were filmed at the Corriganville Movie Ranch. does my state. I am proud to serve the resi- The 22nd Congressional District lies on Movie stars also made their home here, and dents of the 24th District of California. California’s Central Coast and is considered many still do. Ojai is world-renowned for its Again, I wish California a happy 150th birth- one of the most beautiful areas in the United arts community. day. States. The district includes Santa Barbara California’s aerospace industry also found a Mr. MCKEON. Mr. Speaker, I stand today and San Luis Obispo counties and features a home and a skilled labor force in the 23rd with my fellow delegates in celebration of the spectacular coastline and majestic mountains. Congressional District. The space shuttle’s Sesquicentennial of the State of California.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17846 CONGRESSIONAL RECORD—HOUSE September 13, 2000 California was admitted to the Union 150 Westerns such as the ‘‘Lone Ranger,’’ ‘‘Wyatt Motors plant located in the heart of the District years ago as the Nation’s 31st state. Since Earp,’’ ‘‘Annie Oakly,’’ ‘‘Gunsmoke’’ and many in Van Nuys shut its doors. The magnitude of that time, California has grown dramatically. more. unemployment was dramatically illustrated in This state, once known as part of the ‘‘Wild As you can see, Mr. Speaker, the 25th dis- 1993, when a job fair held at the vacant GM West,’’ has now become a vast metropolitan trict has played a vital role in California’s liveli- site drew thousands of people. region of business, enterprise and entertain- hood. I am honored to represent this district Today, the worst of that economic crisis ment. and to have been a life-long resident of the seems to be over. Unemployment in the area I represent the 25th district of California, Golden State. From the days of the Gold is down, as it is throughout Los Angeles which consists of three major areas: the Ante- Rush, to the current times of the Silicon Val- County, and a major commercial/manufac- lope Valley, the northwest San Fernando Val- ley, California has always had a major impact turing development is rising where the GM ley and the Santa Clarita Valley. Each of on U.S. history and the economy. Please join plant once stood. In addition, the 26th District these areas has contributed a great deal to me today in celebrating the Sesquicentennial continues to be home to a variety of manufac- the heritage of our state. of this great state. turing facilities. The Antelope Valley was first settled in Mr. BERMAN. Mr. Speaker, I rise today to The Northridge earthquake of January 17, 1886 by 50 to 60 families of Swiss and Ger- honor the 150th birthday of the Great State of 1994 had its epicenter just west of the 26th man descent. Desiring to reside in California, California, and to pay tribute to California’s and destroyed or damaged many homes, these families were told to travel until they 26th Congressional District, which I am hon- stores, factories and office buildings. In fact, saw palm trees. Arriving in the Antelope Val- ored to represent in Congress. The 26th Dis- the building that housed the 26th District Of- ley, they mistook the numerous Joshua trees trict is located in the Northeast San Fernando fice was among those that suffered damage for palm trees and settled, naming their new Valley and consists of the Golden State and so extensive that it had to be torn down fol- town Palmenthal. This name was eventually Hollywood Freeway corridors of the Valley, lowing the quake. A section of Interstate 405 changed to that of the current city, Palmdale. proceeding as far west as Van Nuys and the within the District collapsed, a gas leak started The Antelope Valley has often been referred San Diego Freeway. fires that consumed 70 homes in Sylmar and to as the Aerospace Capital of the United Its history was recounted, with some cre- an oil line exploded in San Fernando (where States. U.S. Air Force Plant 42, in Palmdale, ative license, in the movie Chinatown. Civic the quake flattened 63 homes and damaged was the birthplace of the B–1 and B–2 Bomb- leaders encouraged city engineer William another 835.) After extensive rebuilding and ers, the SR–71 Blackbird, the space shuttle Mulholland to build a huge aqueduct from the retrofitting, however, virtually all vestiges of and the next generation space shuttle—the X– Owens Valley to give Los Angeles water, and, the damage have been repaired. 33. Also, the Boeing Co., Northrop-Grumman, in 1915, got the city to annex most of the Val- In the last 150 years, the San Fernando and Lockheed-Martin maintain production fa- ley, large tracts of which they had already pur- Valley has changed from an empty open cilities here. The Antelope Valley’s largest city, chased. stretch of land into a busy metropolis, filled Lancaster, is home to a first-class performing In addition to many neighborhoods of Los with houses and businesses, office towers, arts theater and a popular minor league base- Angeles, the 26th District takes in the small shopping centers, subdivisions and warehouse ball team, the Lancaster Jethawks. independent city of San Fernando, which is buildings. The 26th District is home to the In the 1930s and 1940s, the San Fernando home to the beautiful Missio´n San Fernando, Academy of Television Arts and Sciences, Valley was known as the ‘‘Horse Capital of Rey de Espan˜a. This historic building was es- which presents the annual Emmy Awards. California’’ because many movie stars would tablished by Frey Fermin Francisco De Among the notable alumni of the District are come in from Hollywood to ride horses and Lasuen on September 8, 1797 as one of a actor Robert Redford, who attended Van Nuys enjoy the slower rural pace of life. Even today, chain of missions built to convert the native High School, and rock ’n roll star Ritchie in the smaller communities, such as peoples to Christianity and to consolidate Valens, of Pacoima. Chatsworth, it is not unusual to see horses Spanish power along the coast of California. Mr. Speaker, California’s 26th District is one tied to the hitching post out back of the Los The Mission Church is an exact replica of the of the fastest growing areas of Los Angeles. I Toros Mexican Restaurant or the Cowboy Pal- original church, which was built between 1804 am very proud to represent its citizens in the ace Saloon. and 1806. The walls of the church are seven United States House of Representatives. I ask Since then the Valley has grown to become feet thick at the base and five feet thick at the my colleagues to join the California Delegation a major economic powerhouse in the Southern top. The material used was adobe brick, and today in celebrating the sesquicentennial of California area, home to more than 1 million those who built it were primarily the native the Golden State—California. people. Even the powerful Northridge Earth- peoples, who were called the Gabrielinos or Mr. ROGAN. Mr. Speaker, located just min- quake that hit on January 17, 1994, could not the Tongva. utes from downtown Los Angeles, the 27th keep the Valley down. Residents of the Valley During the 1950s and 1960s, the 26th Dis- District of California has an identity as colorful pulled together to rebuild their homes and the trict was home to Holiday Lake at Hansen as the roses that adorn the floats of the locally roads. It is now poised to become a city in Dam, one of the most popular spots in the en- produced Tournament of Roses Parade. The and of itself. tire San Fernando Valley for family outings. district sits between the Verdugo and San Ga- The Santa Clarita Valley, located in between On weekends, the lake was filled with swim- briel Mountains and encompasses the Foothill the San Fernando and Antelope Valleys, has mers and boaters and the shores teemed with communities of Glendale, Burbank, Pasadena, made many contributions to the history of both picnics and games. But in 1969 and again in South Pasadena, San Marino, Sunland, California and the United States. For thou- 1980, floods brought in millions of tons of Tujunga, La Canada, La Cresenta, Altadena sands of years, the Valley served as a major sand, gravel and silt to Hansen Dam, trans- and a small portion of Los Angeles. migration route for Native American groups as forming the beautiful 130-acre lake into a The district boasts distinctive neighbor- they traveled between the coast and the inte- swamp. With the demise of the lake, the other hoods, a rich history and a vibrant cultural rior valleys and the great eastern deserts. This parts of the park fell into disrepair. scene. The ethnic diversity of the district is is the location of the first documented dis- By the 1980’s, the closing of the lake be- one of its greatest assets and includes long covery of gold in California; the oldest existing came a depressing symbol of overall neglect time White, African-American and Hispanic oil refinery in the world; the first commercial oil in this low- to middle-income area. From the communities along side growing numbers of field in California; the third-longest railroad day I came to Congress, its restoration was Koreans, Filipinos and the nation’s largest Ar- tunnel in the world at its completion in 1876; one of my highest priorities. In 1999, a fishing menian community. Another distinction is the and it is the location of one of the last ‘‘treat lake opened to paddle boats and rowboats Spanish heritage reflected in the abundant train robberies’’ in the United States. and a swimming lake opened at Hansen Dam, mission-style architecture and landscaping that In the 1920s, William S. Hart and Tom Mix making this area once again a central rec- can be found throughout the district. used the Santa Clarita Valley to create the tra- reational area for Valley families. Every New Year’s Day, millions of Ameri- ditional Western film. The Western film indus- The 26th District was hard hit by the reces- cans tune in to see rose covered floats make try continued growing through the decades sion of the early 1990s. Many workers em- their way down the streets of Pasadena in the with actors such as Gary Cooper, Roy Rogers, ployed at nearby defense plants lost their jobs Tournament of Roses Parade and to watch John Wayne and others. Our quaint little val- in the post-Cold War downsizing, while others two of the nation’s top college football teams ley created the ideal background for great were laid off in August 1992 when the General compete in the Rose Bowl. Pasadena is also

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17847 the home of Cal Tech, one of the nation’s pre- headquartered in the region are at the cutting Los Angeles, is home to a multiplicity of lan- mier research institutions where the scientists edge of engineering and construction, of inter- guages spoken. Like California, my district is and engineers work together with the Jet Pro- net commerce, of computer hardware and of now a majority-minority region where the num- pulsion Laboratory on behalf of NASA to de- communications technology. The area is also ber of ethnic minorities, including significant vise the latest techniques in space exploration. home to the world renowned City of Hope Na- numbers of Latino and Asian American resi- A few miles away, there is a different kind tional Medical Center in Duarte and a number dents, actually form the majority of the total of creativity at work in the many studios that of outstanding institutions of higher learning, population. In addition, there are large groups employee writers, set designers, actors and di- including the Claremont Colleges. The vibrant of Armenian, Jewish, Russian, and Egyptian rectors who create America’s favorite movies economy is increasingly centered around tech- Americans who have made their home in the and television shows. The 27th District is nology and trade and our unique location at 30th CD. More than half of my constituents home to Warner Brothers Studios, Walt Dis- the edge of the Pacific Rim. were born in other countries, adding yet an- ney Studios and numerous small entertain- Mr. WAXMAN. Mr. Speaker, it is a great other dimension to this amazing mosaic of in- ment companies. In fact even Jay Leno works honor for me to represent the 29th Congres- dividuals. on his ‘‘Tonight Show’’ from NBC Studios lo- sional District, which is a mecca of creative Whether visiting Hollywood, attending a cated in downtown Burbank. genius and one of the most celebrated dis- Dodger game, or enjoying the culture and cui- It is an honor for me to represent the 27th tricts in the country. sine of Koreatown and Chinatown, the 30th District of California in Congress and to join Whether you are enjoying the dazzling CD is a joy to represent. The 30th CD is a with my colleagues in celebrating the beaches, the celebrated Walk of Fame, the wonderful part of the great city of Los Ange- Seisquintennial Anniversary of our great state. shopping on Rodeo Drive, or the magnificent les. Mr. Speaker, and my fellow colleagues, I Mr. DREIER. Mr. Speaker, the San Gabriel, Santa Monica Mountains, the beauty and di- enthusiastically applaud the hard work and Pomona and Walnut Valleys are home to 17 versity of the 29th Congressional District cap- contributions of my constituents in the 30th cities and other communities in northeastern tivate the imagination like no other place on CD, along with those of the other 51 congres- Los Angeles County. It is home to the San earth. sional districts who have helped make Cali- Gabriel Mountains and the Angeles National The 29th Congressional District is the fornia what it was yesterday, what it is today, Forest—the most visited part of our national world’s entertainment capital. From the time and what it will be in the future . . . a new forest system. It’s one of the few places in the first movie studio was created in 1911, frontier. America where you can stand in warm and creative visionaries and artisans have flocked Mr. MARTINEZ. Mr. Speaker, it gives me comfortable 90-degree weather and look up at to this magical place. Today, thanks to the tal- great pride to rise tonight to celebrate the a beautiful, snowcapped mountain such as ent and energy of the thousands of people in State of California’s sesquicentennial anniver- Mount Baldy. the district, the entertainment production in- sary. Dating from the early days of Spanish set- dustry is the nation’s largest exporter. Inter- For 150 years, California has been a vital tlement in California, my district was home to national sales of widely popular American part of the United States. From the gold rush many ranchos and other agricultural settle- copyrighted works brings tens of billions of ad- to the high-tech rush, California has been a beacon for millions of our fellow countrymen ments. The complexion of the region changed ditional dollars to our economy each year. little over many decades. The completion of The vision and inventive genius are also on who have staked a claim in the American the railroad from Chicago late in the 19th cen- display in the myriad other businesses dream. The Golden State is truly the en- tury unleashed growth that would eventually throughout the district, including high tech chanted State, home to the entrepreneurial spirit that has built our great Nation. remake the entire region. With the advent of firms, e-businesses, unique retail businesses Mr. Speaker, the history of the 31st con- access to the east, the San Gabriel Valley and restaurants, and entrepreneurial start-ups. gressional district located in the San Gabriel began to boom. People flocked to the area in Not surprisingly, this community contains Valley mirrors, in many ways, the history and search of better job prospects and a more some of the best informed, technologically growth of California. My district is one of the comfortable climate, and many small towns savvy, culturally progressive, and politically ac- most interesting and culturally diverse in the began to grow along the rail lines. Many of the tive people in the country. State. It includes parts of East Los Angeles towns and cities in the San Gabriel Valley Every year people travel from around the and extends west to the foothills of the San today trace their roots to midwesterners who world to experience the magic of the 29th Gabriel mountains, encompassing the cities of settled in the area beginning in the late Congressional District, a singular place where Monterey Park, Alhambra, San Gabriel, South 1800’s. The traditions and values of those people’s biggest dreams can come true. San Gabriel, Rosemead, El Monte, South El early citizens can still be found today in the Mr. BECERRA. Mr. Speaker, I stand before Monte, Baldwin Park, Irwindale and Azusa. small-town atmosphere in cities from one end you proudly to congratulate California, the The city of San Gabriel is home to the his- of the valley to the other—even though the Golden State, on 150 trailblazing and indus- toric San Gabriel Mission, which was founded area is part of the sprawling Los Angeles trious years. It is often said that ‘‘as California in 1771 by Franciscan monks. The mission megalopolis. goes, so goes the nation,’’ for we are a di- served as a major catalyst in the growth of About the same time as the railroad comple- verse and forward-looking lot. Well, it might southern California. It was from the San Ga- tion, it was discovered that citrus fruits grew also be said that as Los Angeles—and specifi- briel Mission that 11 families left on Sep- well in the region’s rich soil and warm climate. cally, the 30th CD—goes, so goes the nation, tember 4, 1881, to found El Pueblo De La The Valleys became leading producers of or- because we are positively among the most Reina De Los Angeles. Today, the San Ga- anges and lemons, as groves blanketed the richly multi-lingual and multi-cultural commu- briel is a bustling city, rich in culture and his- area. The citrus industry brought people and a nities in the world. I am proud to represent a tory. booming economy which lasted until the sec- district steeped in tradition with landmark com- El Monte, known as the end of the Sante Fe ond World War. After the war, the citrus munities such as: Koreatown, Chinatown, Trail was the place where people traveling be- groves gave way to housing tracts and grow- Eagle Rock, Atwater Village, Cypress Park, tween San Bernardino and Los Angeles ing suburbs. The area remains a diverse mix Glassel Park, Highland Park, Montecito stopped. Gold prospectors heading for the of residential areas and businesses, small and Heights, El Sereno, Echo Park, Silver Lake, gold fields in northern California stopped here large. At the same time it is undergoing rapid Mount Washington, Monterey Hills, Elysian before continuing on their trek. El Monte is demographic shifts as the diversity of Cali- Valley, Lincoln Heights, Boyle Heights, Mid- today the largest city in my district. El Monte fornia continues with the arrival new immi- Wilshire, and East Hollywood. My district sur- is home to hard working families who take grants from China, India, Mexico and a host of rounds downtown to the North, West, and pride in their community and heritage. other countries in Asia and Latin America and East, and contains landmark institutions Mr. Speaker, the city of Monterey Park, elsewhere. known to everyone such as the Southwest which was originally inhabited by Shoshone Today the area is a blend of old and new. Museum, Los Angeles City College, Occi- Indians, is at the turn of the 21st century the The San Gabriel Valley is home to showcase dental College, Children’s Hospital and the home for one of the largest Asian-American events such as the annual Pasadena Tour- Los Angeles County-University of Southern communities in the country. Chinese, Tai- nament of Roses Parade and the Los Angeles California Medical Center. wanese, and Vietnamese shops, restaurants, County Fair. At the same time it is becoming Specifically, my district contains over and import centers are present throughout the a modern center for high technology. Firms 573,000 people which, much like the city of city.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17848 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Mr. Speaker, all the cities in my district have Shrine Auditorium, Latino Museum, Chinese San Gabriel Mission founded by Blessed their own distinctive character and unique American Museum, Japanese American Na- Junipero Serra, a Franciscan missionary from place in the history of southern California. Dur- tional Museum, and the Museum of Contem- Mallorca, Spain, administered the vast lands ing the past 150 years, the San Gabriel Valley porary Art are located in my congressional dis- composing what we know as the ‘‘Los Angeles has played an important role in the develop- trict. In addition, the new Our Lady of the An- basin,’’ and which were later parceled out into ment of the region, and the valley is indeed geles Cathedral is being built in the center of sprawling ranchos to land-grantees during the extremely well-positioned to continued as vital downtown Los Angeles. Spanish and Mexican eras. Following the ran- player in the prosperity of Los Angeles County Our community also reflects the rich history cho era when cattle was the principal eco- and southern California. of the state of California. The district is home nomic endeavor, these fabulously fertile lands In closing, Mr. Speaker, I join my colleagues to such historic sites such as Union Station, brought forth rich agricultural commodities in- from the Golden State in celebrating Califor- Olvera Street Plaza and the Broadway theater cluding citrus, avocado and walnut groves, nia’s 150 years of success and wishing my district. In fact, on September 4th of this year, bean fields and dairy land. Eventually major oil State continued prosperity. the city of Los Angeles celebrated its 219th reserves were discovered in what is now Mr. DIXON. Mr. Speaker, my district lines birthday. Santa Fe Springs and Montebello, which con- run from the Harbor Freeway past Baldwin The residents of 33rd Congressional district tinue producing to this day. Hills to Culver City; my district includes USC; reflect the wonderful diversity of our State. At the end of World War II the sudden de- California Science Center, Natural History Mu- There is a mixture of newly-arrived immigrants mand in housing for returning veterans from seum of LA County; California African Amer- families and a strong, established Hispanic throughout the country desiring to raise their ican Museum, Petersen Automotive Museum; community. Ethnic enclaves, like Chinatown, young families and populate the massive eco- and Sony Pictures Studio in Culver City. Koreatown, and Japantown, house specialty nomic engine of industrial Los Angeles at- Los Angeles was little more than a frontier stores and restaurants that cater to the area’s tracted developers to these peaceful and town in the 1870s when members of the Meth- thriving Asian community. pleasant locales. New homes, schools and odist Episcopal Conference first sought to es- Recently, the 33rd Congressional district churches were built and soon these local com- tablish a university in the region. Today, the proudly hosted the Democratic National Con- munities began to incorporate into new cities. University of Southern California (USC), lo- vention. The convention gave Los Angeles All of these communities share a proud history cated in the culturally and ethnically diverse and its residents an opportunity to showcase of the development of the ‘‘Golden State’’ and 32nd Congressional District, is, arguably, one our city to the hundreds of thousands of visi- each has a unique and special historical herit- of the country’s most preeminent international tors as well as the millions who watched the age. centers of learning, enrolling more than 28,000 proceedings on television. The DNC took California is indeed the greatest state, in undergraduate, graduate, and professional place at the recently-opened Staples Center, population, economy, diversity and worldwide students. It ranks in the top ten percent of which also serves as the home for the Los An- cultural influence. Its magnificent coastal major research universities in the United geles Kings, Lakers and the Clippers. areas, majestic mountain ranges, fabulously States. I am extremely proud of all that the 33rd fertile agricultural valleys, vast pristine deserts, The 32nd Congressional District is also Congressional district has to offer and de- bespeak an unequaled wealth of environ- home to Sony Pictures Studios in Culver City, lighted to sing its praises on the 150th birth- mental diversity. The Great Golden State was, a major employer in the district, and formerly day of our great state, the State of California. is and will always be the treasure chest of the the home of Metro-Goldwyn-Mayer (MGM), Mrs. NAPOLITANO. Mr. Speaker, on this American experience renowned the world one of the cradles of the motion picture indus- Sesquicentennial Anniversary of California’s over. For every Californian, native and immi- try in the state. The 32nd also claims a great admission to the Union, I am filled with tre- grant, our motto ‘‘Eureka’’ says it all ‘‘I have deal of movie history, including the little known mendous pride and a deep sense of honor to found it!’’ fact that the much heralded 1939 blockbuster represent the people of my Thirty-fourth Con- Put another candle on our birthday cake, we movie, ‘‘Gone With the Wind,’’ was filmed at gressional District, composed of the cities and are 150 years old today? God bless California. the historic David O. Selznick Studios, which communities in the Southeast and San Gabriel Felicidades California? was located in Culver City. Valley areas of Los Angeles County including Mr. KUYKENDALL. Mr. Speaker, today I Ms. ROYBAL-ALLARD. Mr. Speaker, I rise the City of Industry, East Los Angeles, Haci- recognize the 150th anniversary of California’s in honor of the 150th anniversary of the state- enda Heights, La Puente, Montebello, Nor- statehood. On September 9, 1850, California hood of the great state of California. walk, Pico Rivera, Santa Fe Springs, and was admitted to the Union as the nation’s 31st On this historic occasion, is it fitting that we Whittier. state. Much has changed over the last 150 taking a moment to observe and celebrate the Our district is a part of Southern California years, but California still remains one of the diverse and distinct cities and communities that is rich in diversity and historical signifi- world’s natural treasures. throughout our state. cance from the earliest days through the mod- At the time of California’s entry into the The district that I am proud to represent and ern era. In the heart of the 34th district, is the Union, the population for Los Angeles num- call home is the 33rd Congressional District of home of Pio Pico, the last governor of Mexi- bered 3,530. As Los Angeles developed and California. can California before the American takeover in expanded, so did the South Bay. I am proud The 33rd Congressional district is a vibrant, 1846. One of California’s most remarkable his- that the natural beauty of the South Bay re- diverse area encompassing metropolitan torical figures, he witnessed and helped shape mained unchanged over the last 150 years. downtown Los Angeles, including Boyle nearly a century of California history. Governor The shoreline is our livelihood, as California is Heights, Little Tokyo, Pico Union, and portions Pico’s ancestry includes a mixture of the gateway to the West. of Chinatown, Filipinotown, Koreatown, and ethnicities, including Mexican, African, Indian We are rich in cultural diversity with a popu- Westlake. The suburban portions of the district and Italian. He built a mansion on what is now lation of all races and creeds from throughout include the cities of Bell, Bell Gardens, Com- a three-acre state park located in Whittier, that the world. California’s natural resources are merce, Cudahy, Huntington Park, Maywood, was once the headquarters of his sprawling numerous, with some of the most breathtaking South Gate, and Vernon and parts of East Los 8,891-acre ranch. Twice the governor of the landscape in the world. From agriculture to e- Angeles, Walnut Park and Florence. Mexican State, his life spanned a remarkable commerce, we are a leader in all areas of The 33rd Congressional district houses the era that saw the Spanish, Mexican and Amer- business. California’s 150 years as a state civic center of Los Angeles, including the ican flags fly over his native Alta California. embody the American experience, one of the area’s courthouses, Los Angeles City Hall, the Early in the American era, Whittier also be- growth and vision. offices of the Los Angeles County Board of came the home to a vibrant community of I congratulate all Californians on this mile- Supervisors, Los Angeles Police Department, Quakers. It was from this community in a later stone. We have much to celebrate. The state Los Angeles Unified School District, Metropoli- generation that our Thirty-seventh President of of California is a model to the nation. I hope tan Transit Authority, and Immigration and the United States, Richard M. Nixon, was edu- the next 150 years are as dynamic as the first Naturalization Service. cated at Whittier College. After service in the 150. In addition, the 33rd Congressional district United States Navy during World War II, he Ms. MILLENDER-MCDONALD. Mr. Speaker, boasts a multitude of cultural attractions and returned to the area to begin his political ca- I rise with great pride because September 9th resources. The Dorothy Chandler Pavilion, reer and was elected to Congress in 1946. marked the 150th anniversary of California’s

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17849 admission to the union. The United States for a state settled by far-sighted, brave individ- Throughout its existence, this area has con- Postal Service is reissuing its California State- uals willing to risk everything for a second tinued to thrive. No other environment is more hood stamp to honor this event. And all of the chance. Americans and others from around conducive to innovation and creativity than this 52 members of the California delegation have the world have seen California as a place to sun-blessed region of Southern California. come together to pay tribute to an important seek a better life. When Los Angeles was Mr. LEWIS of California. Mr. Speaker, as part of our history in the United States. founded in 1781, its residents included people California celebrates the 150th anniversary of As the Representative of the 37th District of of European, African, and Native American statehood, I would like to share with my col- California and long time resident of this great ethnic backgrounds. Chinese immigrants built leagues a little of the history and special char- state, I am happy to join this effort to pay railroads and agricultural infrastructure in the acteristics of the 40th Congressional District— homage to our historical leaders who had the 19th Century. In the 1880’s the first direct rail the largest in the state—which I am proud to wisdom to form one union of the United connection between Southern California and represent. That history stretches long before States. the East brought hundreds of thousands to the California became a state—and indeed long My district in particular has made wonderful Southland. before the history of the West was recorded. contributions to the state of California over the In the 38th District, the historical attractions The 40th district stretches from the peaks of past 150 years. The South Bay area has a include Rancho Los Cerritos, an 1884 colonial the Eastern Sierra Nevada to the fast-growing long and distinguished history that is unique style-adobe that was once a working cattle cities of the San Bernardino Valley, on the and embraces the essence of Southern Cali- ranch, and Rancho Los Alamitos Historic eastern edge of the Southern California urban fornia. Ranch and Gardens, which was built in 1806. area. The heart of the district is the Mojava The city of Carson has a strong Spanish The port of Long Beach is home to the historic Desert, which has long been known as a gate- presence and is home to Dominguez Rancho Queen Mary, once called the Queen of the At- way to the Pacific Coast since the Mohava In- Adobe, built in 1826. The Goodyear blimp lantic and arguably the most famous ship in dians forged a trail west from the Colorado ‘‘Eagle’’ also calls Carson home. Goodyear’s history. The Queen Mary began its maiden River to trade with coastal tribes. The route blimp logs over 400,000 air miles per year and voyage in 1936, served as Winston Churchill’s eventually was followed by the Union Pacific have adorned the skies of Southern California seaborne headquarters, and played a part in and Santa Fe railroads, and then by Route 66, as a very visible corporate symbol of the tire the major Allied campaign of the Second the Mother Road that is still celebrated by tens and rubber company. World War. Long Beach is also home to the of thousands of people at events in Barstow The Los Angeles community of Watts is Boeing C–17 military transport plant and the and San Bernardino. home to the Watts Towers. Created by Simon Sea Launch base that sends satellites into The 40th Congressional District today Rodia, the towers rise over one hundred feet space. Additionally, the Apollo space capsules boasts the highest point and lowest point in tall. Composed of structural steel rods and cir- and the space shuttles were built at the NASA the ‘‘lower 48’’ states. Mount Whitney, at cular hoops connected by spokes, the towers plant in the city of Downey. 14,495 feet, is the highest peak along the tow- incorporate a sparkling mosaic of found mate- This 150th anniversary celebration of Cali- ering mountain chain known as the Sierra Ne- rials including pottery, seashells, and glass. fornia’s statehood is as much an occasion to vada. The lowest point at 282 feet below sea Rodia’s house, destroyed by fire in 1957, re- look forward to the future as to reflect on the level, is the Badwater area of the desolately sided within the complex. past. If we live up to our state’s long tradition beautiful Death Valley National Park. The two Declared hazardous by the city of Los An- of progress, diversity, and national and inter- points are among many that make the district geles, the towers were threatened with demoli- national leadership, California can look for- an outdoor recreation paradise. Other desert tion until an engineer’s stress test proved ward to another 150 years of success. parks include Joshua Tree National Park and Mr. ROYCE. Mr. Speaker, I rise to pay trib- them structurally sound. They have since been Mojava National Preserve. The Owens Valley, ute to the 150th anniversary of the founding of designated a cultural monument. where the mountains meet the desert, is the the golden State of California. The city of Long Beach has a past deep in From the port of Long Beach to the North gateway to such nationally known treasures as Spanish history. Created by a land grant given Orange County region, the 39th Congressional Sequoia National Park and the Mammoth to soldier Manuel Nieto, the city was planned District is one of the many examples of the Lakes ski resorts. out in 1882 as Willmore City by developer state’s remarkable diversity. This area was Southern California residents known that Williman Willmore, and a new town began once thriving farmland, rich in oranges, lem- they can find world-class skiing and summer forming along the coast. Long Beach serves ons, avocados, and walnuts. Agriculture was hiking trails much closer to home, in the 40th as home to the historic Queen Mary. the first important industry. With orange District’s San Bernardino Mountains, which Partially adjacent to Long Beach is the com- groves being so abundant, Orange County provide a snow-capped backdrop to the sunny munity of Habor Gateway and serves as the was named after the fruit. Southland. Tucked under those mountains are entrance to the Los Angeles port area. People Many industrious individuals flocked to this some of the nation’s fastest growing commu- from around the world visit and call the South area, like Walter Knott, who began the Knott nities. Bay area home. I am proud to call the 37th legacy in Buena Park. He used to sell jams Mr. Speaker, the 40th Congressional District Congressional District home. and jellies at a roadside stand. Mrs. Knott makes a huge contribution to our nation’s de- Happy Anniversary California! began serving up fried chicken dinners to fense as the home of the Army’s National Mr. HORN. Mr. Speaker, as we celebrate those waiting in the lines, and they soon Training Center at Fort Irwin, the Marine California’s 150th anniversary of statehood, added a restaurant to accommodate more Corps Air-Command Combat Center at this is a good time to reflect on the vast people. Twentynine Palms, Edwards Air Force Base change that has occurred in this former Span- Mr. Knott wanted to build something as a and China Lake Naval Air Warfare Center. ish Colony. Since California was admitted into tribute to the Old West and the pioneers who Two recently closed installations—George Air the Union as the nation’s 31st state on Sep- paved the way. The idea of a ghost town was Force and Norton Air Force Bases—are being tember 9, 1850, the state has grown to be- born, which eventually evolved into the Knott’s transformed into new commercial air hubs to come the world’s fifth largest economy. Berry Farm amusement park. Its original pur- handle the region’s burgeoning air cargo and California’s history before and after state- pose was to educate and entertain and it still passenger needs. hood includes vital contributions by Hispanics does today. The 40th Congressional District has a and Native Americans. One of the most impor- The district has undergone tremendous wealth of universities and colleges, including tant has been the system of 21 missions growth since the days of the orange groves. fast-growing California State University, San founded by Father Junipero Serra that began The neighboring metropolis of Los Angeles Bernardino, the prestigious University of Red- in San Diego and extended over 600 miles to burst at the seams and the population spilled lands, and Loma Linda University and Medical the north. The contributions of the missions in across the rural valley. In its wake, the farm- Center, known nationally for its infant heart education and in producing clothing and food lands were replaced by an urban landscape of transplant program and for the first proton were integral in California’s early development. homes, shopping malls, and industrial parks. beam accelerator used in ground-breaking California has often been referred to as a Today, Orange County is home to a vast cancer treatment. bellwether state—a place where people chal- number of major industries, the most promi- Mr. Speaker, from the discovery and mining lenge the assumptions of the present to give nent being the high-tech, telecommunications, of gold and silver to the training ground for America a glimpse of the future. This is fitting and entertainment industries. Gen. George S. Patton’s World War II tank

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17850 CONGRESSIONAL RECORD—HOUSE September 13, 2000 brigades, the 40th Congressional District’s his- ing economy and is projected to be one of the side County, including the cities of Riverside, tory is intertwined with California’s and the na- fastest-growing areas in the United States. Corona, Norco, Lake Elsinore and Murrieta. In tion’s. It is an honor to represent a district that Today the region has great strengths—We fact, Riverside County is the fourth largest contains such a wealth of resources, and such have inexpensive land, extensive transpor- county in the state, stretching nearly 200 miles hard-working, forward-looking constituents. tation systems, including trucking hubs, a across and comprising over 7,200 square Mr. GARY MILLER of California. Mr. Speak- large employment pool, low unemployment, miles of fertile river valleys, low deserts, er, I rise today to recognize the Sesquicenten- strong growth in construction, distribution, and mountains, foothills and rolling plains. Be- nial of the great State of California’s admit- manufacturing industries, and 23 colleges and tween 1980 and 1990, the number of resi- tance to the Union. This event took place on universities, which are engaged in cutting dents grew by over 76%, making Riverside the September 9, 1850 and made California the edge research, including CE–CERT at U.C. fastest-growing County in California. By 1992, 31st State of the United States of America. Riverside, which is doing research on auto- the County was ‘‘home’’ to over 1.3 million The 41st District, which I represent, is part motive technologies of the future. residents—more than the entire population of of what makes California special. It is centered IVDA/San Bernardino International Airport is 13 states, among them Maine, Nevada, Ha- in the area that is known as the Inland Empire poised to turn Norton Air Force Base into a waii and New Hampshire. on the point where Los Angeles, San high-tech incubator, through legislation I au- Of course I would be lax in my position as Bernardino and Orange Counties come to- thored to provide tax incentives to businesses the Representative to the 43rd Congressional gether. Decades ago, it was home to mostly (AB 3, 1998). We hope to create 15,000 high- District if I did not add that it is also the most orange groves, farmers and dairymen. But tech jobs in our region through incentives as impressive district in California. Founded in during the 1980’s, the Inland Empire devel- a result of that legislation, such as 15 year net 1870 by John W. North and the Southern Cali- oped into a booming economic region as a re- operating loss carryover, sales and use tax fornia Colony Association, the City of River- sult of the expansion California experienced in credits, expedited permit processing, and the side took off and has never looked back. In its that time. creation of local incentives for employers. infancy Riverside became known for its many This district is home to many terrific cities We are also working to create a regional citrus groves, palm lined avenues and wide including Chino, Chino Hills, Upland Montclair, partnership with Orange County to make San array of subtropical shade. The region became Bernardino International Airport viable for busi- Walnut, Diamond Bar, Brea, Rowland Heights, famous for its citrus and horticultural industries nesses. Ontario, Pomona, Yorba Linda and Plancentia. that over time gave way to military and indus- California and the Inland Empire will be a The international airport in Ontario is quickly hub for the commercial space business and trial growth, and education. becoming a major airport hub for passengers In fact, in 1907, Riverside became the home industries of the future. High technology will and cargo heading overseas. Pomona is the to the University of California Citrus Experi- be the key, in this decade and in the next 150 host of the Los Angeles County Fair each ment Station, sponsoring wide-ranging re- years of our state. year. Yorba Linda is the birthplace and resting Scientists are working on advances that search that greatly benefited agriculture in the place for former President, Richard Nixon, and push the frontiers of science, such as new de- region. The site was established as a campus home to the Nixon Presidential Library. The vices that can store the content of the Library of the University of California fewer than 50 41st District is also the home of California of Congress on a computer the size of a sugar years later in 1954. Today, the University of State Polytechnic University, Pomona. The cube, and robots no bigger than a thumbnail. California at Riverside has earned a reputation Collins School of Hospitality Management at As a member of the Science Committee, I as one of the pre-eminent teaching and re- Cal Poly Pomona is considered to be among have been pleased to support these efforts. search institutes in the world. the top ten hospitality management schools in This research will have very real benefits for Agriculture continues to be a cornerstone of the United States. California and the Inland Empire in terms of UC Riverside as California continues as the I am very proud to be a resident and the job creation and economic growth. If anyone nation’s top agriculture state, a position it has Representative of the 41st District of Cali- has any doubts, look at the Internet. The Inter- held for more than 50 years. From Humboldt fornia. It is with great pride that I recognize the net started as a federal research tool, and is County in the north to Imperial County in the Sesquicentennial of California, the greatest responsible for one of the longest economic South, California agriculture is a blend of val- State in the Union. booms in history. leys, foothills, coastal areas and deserts Mr. BACA. Mr. Speaker, this year we cele- In addition to the above initiatives, we will where a bounty of superior agricultural prod- brate California’s 150th anniversary of the continue to work on projects such as com- ucts unmatched anywhere in the world grow. state’s admission to the union. The 42nd Con- pleting the Alameda Corridor, making it a My home district also offers up its beautiful gressional district of California has undergone route that ultimately could link us with Mexico; architecture to those who visit. Its ‘‘Mediterra- many changes over the years. bringing high speed rail to the Inland Empire, nean image’’ derives from the many examples For many years San Bernardino was the and creating an Inland Empire distribution cen- of fine architecture in the California Mission gateway to the Los Angeles Basin, situated on ter. We are building Tech Park, a 120-acre Revival and Spanish Colonial styles that grace flat land where the route through the twisting, business park to house high tech businesses. its landscape. The best known example being windy Cajon Pass took passengers on the We are also working to revitalize downtown the Historic Mission Inn, in the City of River- Santa Fe Railroad and motorists on U.S. 66 San Bernardino with a new courthouse, side, which was built between 1902 and 1932 from the hot and dusty high desert to the through SB 35 (Baca), which provides local by Frank A. Miller and his partner Henry Hun- greener, tree-lined basin. funding, and we have been working on federal tington. Bette Davis and Humphrey Bogart There were orange groves around the little funds. were married there. Teddy Roosevelt was its railroad towns and vineyards to the west; this In summary, it has been a long road from first Presidential guest. Richard and Pat Nixon was an agricultural zone until World War II, the hot and dusty origins of our area to the exchanged wedding vows at the Inn. Ronald when Henry J. Kaiser built the West Coast’s thriving high-tech future. But as our state cele- and Nancy Reagan began their honeymoon in first major steel mill between the Santa Fe and brates its 150th anniversary, we have many its Presidential Suite. Southern Pacific lines in Fontana, just west of changes to look back on. Our past achieve- Mr. Speaker, the 43rd District has obviously San Bernardino. ments are filled with pride, our future promise seen rapid growth and change over the past In the 1950’s Ray Kroc traveled to California is great. 150 years. We are proud to join our other upon hearing about the McDonald’s ham- Mr. CALVERT. Mr. Speaker, I rise today friends across California in celebrating our burger stand in San Bernardino running eight with the whole of my delegation to commemo- great fortune and success as a State. Cali- Multimixers at a time. Kroc had never seen so rate the 150th anniversary of the great state of fornia is guaranteed to continue as corner- many people served so fast. Kroc pitched the California joining the United States of America. stone of agriculture, education and industry in idea of opening up several restaurants to Dick As the 31st state to join the union, nobody at the next 150 years to come. Happy Birthday and Mac McDonald. Today the restaurant is the time could have predicted the incredible California! an international chain. breadth of agriculture, business, military prow- Mrs. BONO. Mr. Speaker, in many ways, In the 1990’s the region weathered military ess or diversity that California would and con- California’s 44th District represents the Golden base closures and realignments, as well as tinues to contribute to the nation. State as a whole. Rich in its geographic, envi- aerospace firm downsizing. But we have re- My own small corner of California, anything ronmental and cultural diversity, this area with- built, and today the Inland Empire has a thriv- but small really, encompasses western River- in what is now known as the ‘‘Inland Empire,’’

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17851 has a vibrant past and promising future. The partments, eastern Riverside County found a land. Huntington Beach, which is today a district contains towering alpine peaks and for- dependable source of water for its residents booming city of over 200,000 people that ests, arid expanses of unforgiving desert, rich and agricultural concerns. forms the core of the 45th District, didn’t even agricultural fields—even beaches at the great As the population grew in southern Cali- get its start until 1902, when a group of farm- inland Salton Sea and on the banks of the fornia, so did the reputation of the Hemet/San ers and other investors decided to found ‘‘Pa- mighty Colorado River. Today, this region has Jacinto and Coachella Valleys. Hemet became cific City’’ in an attempt to emulate the suc- fulfilled the vision of early settlers and exceed- a favored destination for those seeking space, cess of Atlantic City on the East Coast. This ed expectations of even the most optimistic fresh air and community. The area around venture then got bought out by a group of Los boosters. Palm Springs became a favorite vacation spot Angeles businessmen headed by Henry Hun- The 44th District was first home to the for luminaries as varied as Albert Einstein and tington, in whose honor the town was re- southern California’s indigenous desert tribal Errol Flynn. Hollywood discovered the desert named when he brought his Pacific Electric people—the Cahuilla Indians. From the high resort region and flocked to Palm Springs for Railway into town. mountain peaks of Mt. San Jacinto to the sun, tennis, bathing, and later, golf. The region The area that became the 45th District depths of the Salton Sink, these tribal bands thrived and the population grew fast. By the gained in population as tourism, the oil indus- lived in harmony with a sometimes harsh but middle of the last century, Palm Springs had try, and world war each took their turn as a amazingly rich environment. The Cahuilla cul- become world renowned as a vacation haven. spur to local growth. Our area played a major ture is still a respected part of the current Following WWII, the growth in southern role in winning World War II, serving as the desert community, and their magnificent Indian California continued at an unprecedented site for both the Seal Beach Naval Weapons Canyons stand as a testament to their sound pace. The Inland Empire had not yet received Station, which even today supplies a major stewardship of these native lands. The its status as one of the fastest growing regions portion of the Navy’s firepower and the Santa Cahuilla people welcomed the Spanish explor- in the country, but, it was enjoying steady and Ana Army Airfield. This airfield was the staging ers who were the first westerners to travel significant population increases. Improved ground for G.I.’s shipping to the war from deep into the southern deserts, sharing the water delivery systems and infrastructure en- around the country, and can be credited in trails and watering holes that meant the dif- abled the eastern Riverside County region to and of itself as a major spur to Orange Coun- ference between life and death in the forbid- handle the rapid expansion. From a few ty’s population growth as G.I.’s experienced ding expanse. sleepy desert towns, the Coachella Valley the pleasant Southern California climate first Later, settlers from first Mexico and later the transformed itself into nine separate munici- hand and many moved their families there United States traveled to the region—most es- palities with nearly a quarter million resi- after the war. Although this huge airfield was tablishing rancheros and farms as the earliest dents—seemingly overnight. The communities decommissioned after the war, the land on economic enterprises. These hardy souls of Hemet and San Jacinto, along with many which it sat was put to good use—it is now the fought against unimaginable hardships to smaller cities in the valley and pass region be- site of John Wayne Airport, the Orange Coun- carve out a living in this arid and sometimes tween the city of Riverside and the southern ty Fairgrounds and Orange Coast College. hostile environment. But, they persisted, and deserts also grew. However, these commu- Huntington Beach has become known dur- some thrived. When California was granted nities had been established earlier as residen- ing the last half of the 20th Century as ‘‘Surf statehood in 1850, the residents became U.S. tial centers and their growth was not as dra- City,’’ becoming the nation’s prime area, hosting the first U.S. Surfing Championships in citizens. By the late 1800’s the railroads had matic. The city of Temecula and the sur- 1959 and major national and international surf- become part of the landscape, transporting rounding countryside became a rich wine pro- ducing center, with several local wineries ing events since then. new arrivals to the coastal regions of southern Just as with World War II, the Huntington achieving international prominence. California. Some never got that far, instead Beach area played a major role in winning the As California celebrates its sesquicenten- making their home in what is now Riverside Cold War, providing the home for much of the nial, the Inland Empire and the 44th district County. nation’s aerospace industry. Famous cor- From the beginning, the Cahuilla people had have achieved an important place in the his- porate names from the past: Douglas Aircraft recognized the restorative powers and healing tory and future of the Golden State. The (later McDonnell Douglas) and North American growth continues, the economic expansion is benefits of the agua caliente or ‘‘hot waters’’ of Rockwell have come under the umbrella of the strong, and the diversity of the people and the the desert springs. Soon, residents and visi- Boeing Corporation, which today is by far the environment prevail. The history of this great tors made the pilgrimage to Palm Springs to region’s largest employer and still plays a state is made rich through the contributions of soak in the hot springs and find comfort in the major role in producing aircraft, satellites and individuals too numerous to list here, but to dry desert climate. Enterprising farmers in the rockets for both our both our military and our Coachella Valley began raising dates, grapes the people who chose to make southeastern nation’s space program. and other crops that could withstand the dry California home their stories and names are It’s appropriate that an area so closely iden- conditions and often searing desert heat. familiar. As the inscription on the Capitol tified with our nation’s freedom became the During the same period, the Hemet and San Building in Sacramento, California, reads: Give final destination for a majority of Vietnamese Jacinto Valley attracted farmers and ranchers me men to match my mountains; the people refugees escaping communism after the Viet- to its rich and productive lands. Cattle who built the communities of the 44th Con- nam War. The 45th District is home to Little ranches, citrus groves, and a variety of dif- gressional District reflect that greatness and Saigon, the heart of the largest concentration ferent types of produce thrived in this fertile grand vision. Today, as we honor the great of Vietnamese people in the world outside of valley. But, as in all of southern California, the state of California on the occasion of her Vietnam. need for a steady supply of water limited the 150th anniversary, we honor also the memory Mr. Speaker, I am proud to represent a dis- agricultural growth of the entire region. of all those who contributed to her story. I trict that represents our nation’s finest tradi- Today, most Americans would have a dif- want to extend special recognition to the peo- tions in not only serving our country in the ficult time imagining the southern California of ple of California’s 44th district, past and cause of freedom, but also in knowing how to our not so distant past. The miracle that present, who made their personal commitment have a good time. The 45th District epitomizes changed the landscape was the introduction of to the Golden State. my own personal motto—‘‘Fighting for Free- a reliable source of water for irrigation and de- Mr. ROHRABACHER. Mr. Speaker, when dom and Having Fun.’’ velopment. Shortly after the turn of the cen- California was admitted as a state 150 years Mr. COX. Mr. Speaker, it is with great pride tury, that need resulted in the creation of the ago, Southern California paled in comparison that I rise today to celebrate the sesquicenten- Salton Sea when the Colorado River breached to the northern part of the state, which was fa- nial anniversary of statehood for the great the holding dikes that had been constructed to mous for the gold rush and the new City of state of California. For 12 years, I have had route fresh water for irrigation to the eastern San Francisco. The 45th Congressional Dis- the privilege to represent the 47th Congres- Coachella Valley. With the creation of the Sea trict and surrounding areas hardly qualified sional district, which is nestled in the heart of and the establishment of efficient irrigation even as a rural backwater, being made up pri- Orange County. Our State was created out of systems the unthinkable happened. A once marily of swamps and cattle ranches. In the territory ceded to the United States by Mexico hostile desert became a rich agricultural cen- late 1800’s farming gradually replaced ranch- in the Treaty of Guadalupe Hidalgo. It officially ter. And with the new political clout enjoyed by ing and spurred the conversion of coastal became the 31st State in 1850 with a popu- the southern California water districts and de- swamps and river flood plains into habitable lation of 92,597.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.001 H13SE0 17852 CONGRESSIONAL RECORD—HOUSE September 13, 2000 Orange County was created in 1889, after from all over the world looking to strike it rich those first California settlers were truly brave residents of the southern part of then Los An- flooded through San Francisco. They traveled people. geles County felt they were not getting the at- up the Sacramento River to the gold fields. It I am proud of my roots—my father is from tention they deserved from county officials and was this discovery of gold that hastened Cali- the East, specifically Alabama, and my mother wanted a county seat nearer home. Santa fornia’s statehood. is from Northwest Australia. However, my fam- Ana, which had grown recently due to the dis- In September 1849 a convention met at ily and I are grateful for those brave spirits covery of silver in the Santa Ana Mountains, Monterey and adopted a state constitution. who ventured from the East because we now was named the county seat. The constitution was approved by popular vote have the opportunity to benefit from their risk Today, with a population of nearly 3 million on November 13, and on December 15 the and foresight. people and an annual economic output of over first legislature met at San Jose to create an San Diego is the jewel of California, and I $110 billion, Orange County is one of the most unofficial state government. The Compromise have had the privilege of representing one of successful and diverse hi-tech centers of com- Measures of 1850, a series of congressional the most beautiful and inspiring districts in our merce in the world. Its economy is larger than acts passed during August and September nation. San Diego is the area where Father all but 31 nations in the world—ranking ahead 1850, admitted California as a free, or Junipero Serra set up one of the first missions of Israel, Portugal, and Singapore. Orange nonslave, state. On September 9, 1850, Cali- in California. This early history can be ex- County’s diverse population is larger than 20 fornia became the 31st state in the Union. The plored in the preserve of Old Town San Diego. states, and its economy is bigger than 25 state capital was moved successively from Presently, the residents of San Diego relish states. It is one of California’s top exporting San Jose to Monterey, Vallejo, and Benicia. In in telling all of their friends and relatives out- regions, behind only Silicon Valley and Los 1854 it was located permanently at Sac- side of Southern California about the incred- Angeles, and tied with San Francisco. Orange ramento. ible weather they enjoy year round—70 de- County exports more than $12 billion worth of The 48th District of California, which I rep- grees and no humidity! California’s 49th con- goods each year, from computers to state-of- resent, was created in 1982 after the 1980 gressional district boasts such natural wonders the-art medical equipment, biotechnology, and Census. It has been described as the most as the sensual coastline from its southernmost other ultra-sophisticated technological goods. agreeable climate in the continental United point in Imperial Beach to the rocky cliffs of In just the last three years, high-tech exports States. This district has the beautiful scenery, Torrey Pines’ nature preserve. The 49th also holds in its stead the tranquil, deep waters of from Orange County companies have grown which is typical of California. The location oc- the San Diego Bay, which is home to Sea by 53 percent. cupies the southernmost portion of Orange Orange County is home to some of the County, the North County part of San Diego World as well as large naval bases that rival most beautiful beaches in the world, stretching County and a small slice of Riverside County, the ports of Hawaii—North Island Naval Air for miles along the Pacific Ocean between Los the instant town of Temecula. It includes the Station and the 32nd Street Naval Station. Angeles and San Diego. The ‘‘Places Rated seaside communities of San Clemente and With San Diego being blessed with both an awesome shoreline and an incredible bay, Almanac’’ has selected Orange County as the San Juan Capistrano, where the swallows fa- residents and tourists alike can enjoy surfing best place to live in the nation, ahead of more mously return every year. The well-known Old and sunning on the beach or sailing and than 350 other metropolitan areas. Orange Spanish Mission at San Juan Capistrano is lo- kayaking on the bay all year round. County is a national center for higher edu- cated in the quaint little town located above An event that I enjoy the most is Sand Cas- cation. Universities and colleges in my district the shores of the Pacific, halfway between tle Days held every August in my hometown of include the University of California, Irvine, San Diego and Los Angeles. Imperial Beach. This is a world-renown event Inland, there are the newer communities of where I serve on the Advisory Board of the that gathers the best amateur and professional Mission Viejo and Laguna Niguel; just south of world-class Brain Imaging Center, and Chap- sand castle designers from around the country man University, on whose Board of Trustees I Pendleton in San Diego County are Ocean- and the world in the tiny Southern California serve. Orange County has also been home to side and Vista. Farther inland amid the hills beach town. Every year, we are surprised by the world-famous Festival of the Arts and Pag- are Fallbrook and, in Riverside County, the intricate designs created by the simple eant of the Masters for 68 years. In addition, Temecula, in the mid-1980s a corner-grocery substance of sand. Laguna Beach, the southernmost point in my town serving a vineyard district, now the cen- If cultural arts are on your agenda, San district, is a year-round haven for artists and ter of an area with 100,000 people, mostly Diego has set the stage for such incredible craftsmen, and its entire coastline has been commuters to Orange County and Riverside Broadway productions as ‘‘Damn, Yankees’’ declared a ‘‘Marine Life Refuge’’ to protect attracted by low-priced homes and traditional and a revision of ‘‘Hair’’ from creative play- and preserve the rich variety of marine life values. Growth has been and continues to be houses like the La Jolla Playhouse and the forms for all to observe and enjoy. a factor in this area of southern California. Old Globe Theater in Balboa Park. Each Sep- The Anaheim Angels baseball team and the California has a rich history. It is the 3rd tember for a weekend, the streets of down- Anaheim Mighty Ducks hockey team make largest state in area and the largest state in town San Diego come alive with the hip and their homes in my district. The Anaheim Pond, population. California has the largest popu- grooving sounds of homegrown musical home of the Ducks, is also the second most lation of Native Americans, a continuing grow- groups as well as famous, well-established active concert venue in America, behind only ing Hispanic population and a large Asian rock bands during a phenomenal music fes- Madison Square Garden. Finally, Orange population, all of which help California to lead tival known as ‘‘Street Scene.’’ The 49th also County is home to the Ronald Reagan Federal the nation in cultural diversity. I am proud not has a diverse collection of famous art muse- Courthouse, authorized in legislation I wrote only to represent this area in Congress, but ums—from the modern art of the La Jolla as a member of the House Public Works also to be a resident of the wonderful state of Contemporary Museum of Art to world classics Committee in 1992. Once again, it is with California. I would like to wish a Happy Anni- at the San Diego Museum of Art or American great pride that I stand here today to mark versary to the 31st State of America. artists at the Timken Museum of Art or native 150 years of prosperity and leadership for the Mr. BILBRAY. Mr. Speaker, this is a great pieces from around the world displayed at the great state or California, and to recognize Or- time to reflect on the greatness of our country. Mingei International Museum. ange County’s important role in our state’s his- With California celebrating it’s 150th anniver- Balboa Park is a cultural center located in tory and future success. sary of the state’s admission to the union, one the heart of the 49th District. It is a serene, Mr. PACKARD. Mr. Speaker, today I would automatically recalls that inspiring phrase, ‘‘Go green oasis situated in the middle of a bustling like to take a moment to recognize the great West, young man!’’ and the beginning of our major metropolis. Not only is the San Diego State of California. One hundred and fifty trail blazing history. As Californians, we can Museum of Art located in this vast cultural en- years ago, California became a part of the rejoice in the adventurous and rugged spirit of clave, but adults and children alike can learn United States of America. On September 9, our forefathers and be grateful that these men about the wonders of science at the Reuben 1850, President Millard Fillmore signed a bill and women were willing to risk life and limb H. Fleet Science Center, delve into man’s past admitting California as the 31st State in the for a new and unknown life in California. Just at the Museum of Man, and be engulfed in the Union. envisioning those covered wagons poised on beauty surrounding us at the Natural History In the early 1800’s, settlers very slowly fil- the pinnacle of the Sierra Mountains and look- Museum. tered into California until 1848, when gold was ing down on the promised land brings a shiver The most popular world famous attraction in discovered at Sutter’s Mill. Suddenly, people to my soul. Those were truly trying times and the area is the San Diego Zoo. Just this past

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17853 summer, our zoo became one of the first in Diego settlers in historical Old Town. The ac- lifestyle has proven attractive to the growing history to have a baby Giant Panda live past tivities, people and places in California’s 49th 650,000 who inhabit this region and the many her first year after being born in captivity. Hua Congressional District are as numerous and who visit ‘‘America’s Finest City’’ and the sur- Mei has become the biggest celebrity in San diverse as its residents. There is no other rounding area from all over the world. Diego. Visitors from all over the world have place like it in the world and it is an honor rep- The 51st district encompasses the coastal made special trips to catch a glimpse of this resenting its interests and people in Congress. towns of Carlsbad, Encinitas, Solana Beach, giant bundle of joy. But long before Hau Mei’s Happy Birthday, California! And a big thank and Del Mar. Carlsbad is best known for its birth, the world famous San Diego Zoo has you to those brave men and women who majestic flower fields and is the predominate seen the births of many beautiful creatures, risked their lives to conquer the unknown and supplier of commercially grown flowers on the such as black rhinos, giraffes, and many en- establish such a wonderful place as San West Coast. The flower fields are easily seen dangered species. Diego and the State of California. from 1–5 as one makes their way down this Another famous site in San Diego is located Mr. FILNER. Mr. Speaker, on the occasion coastal commute. Also, newly constructed on the island city of Coronado. Hollywood su- of the 150th anniversary of California’s admis- Legoland choose to call Carlsbad home. The perstars have flocked to the legendary and sion to the Union, I rise to bring attention to amusement park opened in 1999. historic Hotel Del Coronado. The ‘‘Hotel Del’’ the 50th Congressional District of California— Del Mar is where the ‘‘turf meets the surf’’ built in 1888, as one of the oldest standing an urban district in southern San Diego Coun- and is home to the Del Mar Racetrack. One wood structures of Victorian architecture is a ty and the southernmost district in California, can watch the thoroughbreds and still have a national historic landmark that has a rich and bordering Mexico. view of the ocean from the grandstand. During colorful heritage. Ten U.S. presidents have I am proud that it is one of the most eth- the off-season, the Racetrack becomes the stayed in this extraordinary hotel, starting with nically diverse congressional districts in the Del Mar Fairgrounds. This two-week fair has Benjamin Harrison in 1891, and since Lyndon nation. No racial or ethnic group is in the ma- been a North County tradition since 1936. The Johnson, every president since has visited the jority: we have 45 percent Latino residents, 25 fair features rides, livestock shows, exhibi- ‘‘the talk of the Western world.’’ Charles Lind- percent Anglo, 15 percent African-American, tions, agriculture, and local art. Over 1 million bergh was honored at the Hotel Del after his and 15 percent Asian-American. people visited the Del Mar Fair last year. successful transatlantic flight. Subsequently, Our residents include veterans, seniors, and Inland, the towns of San Marcos, Rancho the international airport in downtown San working families. We are concerned that our Santa Fe, Escondido, and Poway lie among Diego is named after this famous aviator— children receive a quality education, that all the rolling hills. Escondido is home to the Lindbergh Field. In 1958, the outrageously our families have access to high-quality, af- world famous Wild Animal Park, established in funny movie ‘‘Some Like it Hot’’ with Marilyn fordable health care, that we invest our budget 1969. This 1,800-acre wildlife preserve allows Monroe, Jack Lemmon and Tony Curtis used surplus to strengthen Social Security and visitors to view herds of exotic animals as they the Hotel Del as a stage and backdrop. Medicare, and that we fight to keep the prom- might have been seen in their native Asia and Speaking of celebrities, San Diego has also ises that were made to our veterans. Africa. been the home of such movie celebrities as The southernmost neighborhood in my dis- A portion of the city of San Diego makes up Gregory Peck and Rachel Welch, who grew trict, San Ysidro, California, is situated on the the remainder of the 51st district. This area in- up on the beaches of La Jolla, and Eddie Mexican border and is the busiest border cludes the former Miramar Naval Air Station. Vedder, lead singer for the popular rock crossing between any two nations in the The base, made famous by the 1986 movie group, Pearl Jam, spent much of his youth at world! The proximity of Mexico provides both Top Gun, was home to the elite naval fighter the clubs and beaches of San Diego. Surfing challenges and opportunities for my district— pilot school of the same name. This naval sensation and Nobel Prize recipient Kary but we revel in the excitement of a truly bina- base was converted to the Miramar Marine Mullis is a friend who continues his research tional community. Corp Air Station in 1996. North County is also at UCSD. Helen Copley is a powerful news- To the east is Otay Mesa, primarily an in- home to many veterans and active military paper woman who still boasts the only major dustrial area with an expanding large-scale who choose to make San Diego their perma- newspaper in the area, the San Diego Union manufacturing base. Farther north are the cit- nent home during and after their military serv- Tribune. The famous scientist who discovered ies of Chula Vista and National City, home to ice. penicillin, Dr. Jonas Salk, called La Jolla home many residential areas and hundreds and hun- San Diego is also fast-becoming the center and also founded the internationally acclaimed dreds of small businesses. One of the coun- of the growing high-tech and bio-tech indus- Salk Institute, where scientists from around ty’s largest developments, Eastlake, is rapidly tries. Qualcomm, Cubic, Hewlett Packard, the world come to study and make scientific growing to the east of Chula Vista—and Sony, Nokia, Erickson, Titan, Ligand Pharma- breakthroughs. Marine biologists enjoy the ac- Bonita, a neighborhood of middle-class homes ceuticals, Pyxis, and the Immune Response cess to the sea from their perch in La Jolla in an unincorporated community of the county, Corporation all call San Diego home. These and contribute to the Stephen Birch/Scripps is nearby. booming industries have brought San Diego to Aquarium. At the northern border of the 50th district is the forefront of these exciting new fields. Dr. Roger Revelle established a name and the central portion of the city of San Diego, With its sunny weather and stretch of coast- reputation in the area, and is responsible for just south and east of downtown, with many line, it is not surprising that North County is the academic achievements and popularity of neighborhoods that are experiencing one of the fastest growing areas in California. the University of California at San Diego. gentrification by ‘‘urban pioneers’’ moving back Mr. Speaker, I consider it a privilege to live in Other major universities in the 49th District, in- from the suburbs. North County and an honored to serve and clude the private and catholic University of All in all, the people of the 50th congres- represent the people of the 51st district. San Diego, San Diego State University, and sional district represent the best of America. Mr. HUNTER. Mr. Speaker, I rise today to Point Loma Nazarene College. Golf enthu- Industrious and ambitious, striving for a good celebrate the 150th anniversary of California’s siasts can enjoy the same course played by life for our children and grandchildren, we admission into the Union. I am fortunate to professionals of the PGA at the public Torrey work and play together in a largely harmo- represent the 52nd Congressional District, a Pines Golf Course, while watching hang glid- nious blend of race, ethnicity, and religion. We beautiful area along our international border ers glide off the rocky cliffs or sunbathers at believe in the American dream. with a rich history and culture. Home to the world famous Black’s Beach. I am proud to represent these fine men, deserts and agriculture fields of Imperial Grabbing food in San Diego is a delicious women and children, and I am working hard in County, as well as the mountains and urban and unique experience—from the quick serv- Congress to ensure the best for their future. areas of East San Diego County, the 52nd is ice of authentic fish tacos at local sensation Mr. CUNNINGHAM. Mr. Speaker, on the as much diverse as it is unique. Rubio’s Restaurants to the more formal and 150th anniversary of California’s entrance to As the winter home of the Navy’s Blue An- decadent dining at any of the restaurants lo- the Union, it is with great pleasure that I intro- gels, and thousands of ‘‘snowbirds’’ from all cated in the historical Gaslamp District in the duce California’s 51st district. over the country who come to enjoy the sce- heart of downtown San Diego. And no one California’s 51st district covers most of nery and weather, Imperial County is known can visit San Diego without sampling the de- North County, only minutes from downtown as the place ‘‘Where the Sun Spends the Win- lights of authentic Mexican fare while viewing San Diego. North County, well known for it’s ter.’’ It is the home of the Glamis Sand Dunes, the adobes and churches of the first San beautiful beaches, ideal weather, and quiet the Brawley Cattle Call, and the best farm

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR00\H13SE0.002 H13SE0 17854 CONGRESSIONAL RECORD—HOUSE September 13, 2000 land in the country, which provides delicious be toxic. New technology has allowed reasons. By 1999, an additional 130,000 fruits and vegetables the entire country enjoys scientists to determine that the plat- women received saline breast implants. year-round. Imperial County is also home to inum used as a catalyst in making the In spite of the escalating numbers, the largest body of water in California, the gel and the shell of the gel-filled breast very little is known about the long- Salton Sea, as well some of the best Mexican implant is being released into the body term effects of silicone or platinum in food a person can find. of women in a harmful toxic form. the body. Few patients understand that San Diego County draws its name from San Last week, the FDA released infor- even when they opt for saline breast Diego de Alcala, a designation credited to mation on their web site citing breast implants, the envelope of the implant Spaniard Don Sebastian Vizcaino, who sailed implant complications. This is a vic- is made of silicon. into what is now San Diego Bay on November tory for the consumer advocates who Following the FDA’s decision to ap- 12, 1603, and renamed it in honor of his flag- have been working to provide more in- prove saline breast implants, the agen- ship and his favorite saint. The County of San formation to women who are consid- cy did warn women of the potential Diego was established by the State Legisla- ering implants. However, the informa- risk. FDA officials called upon implant ture on February 18, 1850, as one of the origi- tion provided in this web site does not manufacturers and plastic surgeons to nal 27 counties of California with an estimated include the recent findings on the tox- ensure that thorough patient informa- population of at least 3,490. icity of platinum salts found in gel- tion is provided to women before they Today, almost 100,000 people and 5,000 filled implants. undergo the surgery. businesses reside in San Diego’s East County Women need to know how harmful Mr. Speaker, with the FDA approval alone. Places like El Cajon, which means ‘‘the the release of platinum in their body process behind us, the only course of box’’ in Spanish because the city is completely and to their children who may be nurs- action to safeguard the future of surrounded by mountains, provides the perfect ing can do to them. It has come to my women is that of an informed consent recreation spot with horseback riding, golf attention that children who breast-feed document. Somehow, a piece of paper courses, campgrounds, parks and easy ac- from mothers with silicon brevity im- cannot make up for a manufacturer’s cess to the many attractions of Southern Cali- plants may also experience harmful insufficient data or the retrieval anal- fornia. body excess from the toxicity symp- ysis. It cannot make up for inaccurate Another city in East County, La Mesa, is toms of exposure of platinum salts. labeling and even risk estimates. known as the ‘‘Jewel of the Hills’’ to the Symptoms of exposure to platinum in There is so much we do not know, 56,000 people who call this desirable city their a reactive form can also cause fatigue, and yet the one government agency home. La Mesa’s location places it close to dry eyes, dry mouth, joint inflamma- mandated to safeguard the public’s the cultural facilities, sports, recreation and tion, hair loss and also rashes. food, drug and medical devices is mov- water-related activities afforded by its prox- As a sponsor of the Silicon Breast ing so slow on this issue that could imity to the county’s metropolitan center, Implant Research and Information Act, jeopardize women with a medical de- beaches and bays. I believe that the need for more re- vice that has alarmingly high failure The 52nd Congressional District is made up search is especially compelling in light rates. of communities in which the residents and of the FDA’s own study on the rupture In spite of the agency’s call for post- business people take an active role in pro- of silicone breast implants. market studies, the FDA approval of tecting and enhancing the quality of living. The On May 18 of this year, Dr. S. Lori saline breast implants provides no in- number of service clubs and organizations, Brown’s research showed that 69 per- centive for the manufacturers to make school and church related groups, and other cent of the women with implants had data better or a safer medical device. civic and social organizations, give tangible at least one ruptured breast implant. Mr. Speaker, hopefully the FDA will evidence of the vitality of its citizenry and their The FDA concluded that the rupture of continue their research. active interest in the community. It is a com- silicon breast implants is the primary f mitment to ‘‘community’’ that gives the 52nd a concern although the relationship of REASONS FOR ECONOMIC special identity. the free silicon to the development or PROSPERITY IN AMERICA f progression of the disease is unknown. We do know there is a rupture of sil- The SPEAKER pro tempore. Under H.R. 1323 icon into the body, but we do not know the Speaker’s announced policy of Jan- The SPEAKER pro tempore (Mr. the impact. That is why we need more uary 6, 1999, the gentleman from Cali- SHERWOOD). Under a previous order of research by the FDA. fornia (Mr. CUNNINGHAM) is recognized the House, the gentleman from Texas I heard from my own constituents for 60 minutes as the designee of the (Mr. GREEN) is recognized for 5 min- over the last number of years and lit- majority leader. utes. erally women across the country, Mr. Mr. CUNNINGHAM. Mr. Speaker, be- Mr. GREEN of Texas. Mr. Speaker, Speaker, who have suffered from the fore I get into my special order, I today I want to talk about legislation long-term consequences of reconstruc- would like to address the remarks of that I have been working on. It is H.R. tion and cosmetic surgery. They have one of my colleagues just previously on 1323. H.R. 1323 deals with breast im- experienced infections, chronic pain, a 5-minute. He made a statement that plants, an issue that has been the sub- deformity and implant rupture, inac- Governor Bush would replace Medicare ject of many court cases now for a curate mammography readings due to with insurance companies. I have never number of years. the implant concealing breast tissue heard something so laughable. Are the On Monday, the Food and Drug Ad- and difficulties in getting health insur- Democrats so desperate that they have ministration, the FDA, hosted a meet- ance to pay for the high costs of re- got to spin something that is abso- ing to discuss research on silicone gel- peated surgeries. The cost of faulty im- lutely not true? filled implants, and I am grateful for plants is paid by all of us in the system Mr. Speaker, I have never heard the FDA in their willingness not only even if it is not covered by insurance. something so ridiculous. The gen- to meet with my own constituents but The Institute of Medicine estimated tleman may speak of his own opinion, also other people on my staff on this that by 1997, 1.5 million to 1.8 million but I would say that the gentleman is issue and hopefully will continue to American women had breast implants factually challenged. First, 70 percent dialogue with the FDA to ensure that with nearly one-third of these women of Americans have insurance, both for women get the information they need being breast cancer survivors. The healthcare or for prescription drugs, on the safety of the implants. American Plastic and Reconstruction and they want to keep that. Unfortu- However, the research indicates that Surgeons cited breast augmentation as nately, there is a large portion of the platinum salts have been released by the most popular procedure for women American population that has neither silicone gel-filled implants. This is sig- ages 19 through 34. In 1998, nearly 80,000 healthcare nor prescription drugs. nificant information because the plat- women in this age bracket received Governor Bush wants to make sure inum salt in certain form is known to breast implants for purely cosmetic that those people are taken care of.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17855 But if the Democrats can demagog in- budget as the basis for my plan, which The point is, when the Democrats surance companies or biotech compa- spends every cent and more of the sur- claim that economic prosperity is due nies, then what is left to pick up the plus. It dips in and raids the Social Se- to their efforts, I reject that, Mr. void? Only big government, Hillary curity trust fund. It increases the taxes Speaker; and I set out to show the rea- Clinton-type of healthcare and pre- on the American people. And when my sons why from fact, from budget legis- scription drugs, and that is exactly colleagues want to talk about facts, lation, and the lack of budget legisla- what AL GORE does. that is a fact. tion. He has a one-size-fits-all, big govern- The reason that I stepped up from my First of all, not a single White House ment solution. Now, I have traveled all special order was that I was in Los An- or Democrat budget since the Repub- over the country with Governor Bush, geles for the Democrat convention. I licans took over the majority in 1994 and I know not only what he says, but was on television. I was on radio to see has ever passed either the House or the I know what is in his heart. While the the spin, and it is probably the reason Senate. As a matter of fact, we brought Democrats increased veterans why there is an article in the Wash- the Democratic White House budgets healthcare by zero in the last budget, ington Post, which is not exactly a to the floor just to embarrass the Republicans put in a $1.7 billion in- conservative paper, about, it is still the Democrats, to show what a sham the crease. economy stupid, by David Broder. And Clinton-Gore budget was. Governor Bush not only wants to it says that during the past 8 years In 1993, they did pass their budget, keep the promises to our veterans for LIEBERMAN said in the convention, we because they had control of the House, healthcare that has been given for have created more than 4 million new the Senate and the White House, and I many, many years, but he wants to businesses, 22 million new jobs, the will address that in just a minute. In also make sure that that percentage of lowest inflation in a generation, the 1994, the House voted 223 to 175 and the Americans who do not have healthcare lowest African American, Hispanic un- Senate 57 to 40 to pass their budget. have supplement to their Medicare. employment rate in history, the But in 1995, Republicans took over and What does the Federal employee have? strongest economy in a 224-year his- talked about balancing the budget for And that is FEHBP, the Federal Em- tory of the United States of America. the first time. ployees Health Benefit Plan, which is a He could have added that real incomes In 1996, the budget from the White supplement to Medicare. That is what for even the poorest Americans began House failed 117 to 304. In 1997, in the he has said, that is what he talks about to improve and poverty rate declined. Senate it failed 45 to 53. In 1998 there in every speech, nothing about replac- was no vote. There was a vote on the b 1730 ing Medicare with insurance compa- Democrat budget; and the Blue Dogs, nies, at least do not demagog, at least But what David Broder goes on to say and, by the way, I would say that the do not make up stories that are abso- is, ‘‘But it wasn’t until the Republicans Blue Dogs, against the liberal leader- lutely not true. took over Congress in 1995 that the ship of the House, had some pretty If my colleagues want to talk about goal of a balanced budget came into good ideas and some ideas that we facts in the Social Security Trust Fund view, that the economy increased at a could accept unanimously; but the and Medicare trust fund, do we remem- much higher rate than under the 1993 President would veto it, and the Demo- ber the Clinton-Gore budget, they said tax increase.’’ crat leadership would fight against it. well, we want to take 100 percent of the The Democrats in their convention In 1999 we brought the budget for- Social Security trust fund and put it said, well, if you loved the last 8 years ward from the White House, and only for Social Security and all of the sur- of the economy, you need to put us two Democrats supported it, because, plus. back. That is what I want to talk again, it raided the Social Security Mr. Speaker, weeks later, they came about, Mr. Speaker. trust fund, it increased taxes, it broke back and said oh, not so fast we want First of all, the Speaker of the the budget, and it increased the na- to take 62 percent and put it into So- House, the gentleman from Illinois tional debt. cial Security, we want to take 15 per- (Mr. HASTERT), went to see the Vice I would say that when the Democrats cent of the surplus and put it into President and the President last night. claim that they are responsible for the Medicare. What they did not tell us is They asked if the President would set economy, and not a single one of their that the Clinton-Gore budget took aside 90 percent of the surplus to re- economic plans or budgets ever passed, every dime out of the Social Security duce the debt. We pay nearly $1 billion I would say that that is a sham, Mr. trust fund, put it up here for new a day on the national debt, Mr. Speak- Speaker. Yet the Democrats will go spending. They increased taxes $241 bil- er. The President agreed. back and say, well, it was the 1993 tax lion for new spending, to justify their They walked away saying, hey, we increase. They refer to it as their 1993 budget and their balanced budget. will take the other 10 percent, we will economic package. We said no, Mr. President, no, Mr. debate in Congress, we will work back But after I go through this, I will Vice President, that we are going to and forth as to how the 10 percent of also show in this newspaper article and put the Social Security trust fund into the surplus is spent, whether it is for every newspaper article within the a lockbox so that politicians cannot tax relief or increased spending in country, liberal and conservative, it touch it, that you cannot keep increas- other areas, like prescription drugs. says the Al Gore economic plan would ing the debt and you cannot keep But when he got away, and I will spend all of the projected Federal sur- spending it. So if my colleagues want quote here, now when Republicans say plus of more than $4 trillion and run up to talk about facts, that is a fact. we want to lock away 90 percent of the a deficit of $900 billion over 10 years, no Another fact is that Republicans next year’s surplus, according to to- cushion at all, $900 billion in the hole. brought that budget to the floor to day’s edition of the New York Times, Does that sound familiar? It sounds show what a sham it was. Mr. Speaker, ‘‘Mr. Clinton told Republicans he familiar to 40 years of Democrat con- do we know how many Democrats viewed paying down the debt as a pri- trol of the House, in which in 1993 the voted for that budget, because we ority, but said he was not sure it could President’s budget projected deficits of wanted them to vote for it, to show be done in the 2001 fiscal year.’’ $200 billion every year throughout and that they supported increase in taxes, Does that sound like the balanced beyond, and also increased taxes every to show that they supported raiding budget? It could be done in 12 years, it single year and raided the Social Secu- the Social Security trust fund, to show could be done in 2 years, it could be rity trust fund every single year. what a sham that the budget was. Do done in 4 years, it could be done in 8 I would say that the 1993 package we know how many Democrats sup- years, and now already the White that they claim, they say, well, Repub- ported it? Only four. House is reneging on putting the licans, not a single Republican voted Yet, AL GORE uses that budget as the money in to pay off the national debt. for the Democrat tax package. Again, basis, and I quote AL GORE, I use this I think it is ridiculous. they say ‘‘economic plan.’’ Why did we

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17856 CONGRESSIONAL RECORD—HOUSE September 13, 2000 not, Mr. Speaker? I think the Amer- knowing if they are coming back, their penalty. It is only a tax break for the ican people need to know. families are penalized. They have to rich. First of all, the 1993 Democrat tax in- move several times during their career, Tax breaks they cannot stand. Why, crease was the largest tax increase in they cannot invest, their children are Mr. Speaker? A tax break is a sense of history, across the board. The first tax ripped out of schools. But yet to bal- power, money in the Federal Govern- they promised a targeted tax relief ance the budget, or to put their budget ment. A surplus that is not given back plan, and does this not sound familiar plan into effect, they even cut the to the American people is power to with what they are doing today on the COLAs, which is a tax increase on our spend, power to spend for constituents, liberal leadership of the Democrats? veterans. whether you are a Democrat or Repub- They said, we want a targeted tax re- If that was not enough, they cut the lican, down to your district, so you can lief plan for middle-class Americans. military COLAs for our active duty get reelected; and they will resist tax First of all, this body should never military, the people that need it the breaks in any single way. Even the use the term ‘‘middle class,’’ because most, that are getting shifted around promise of middle-class or middle-in- there are no low class, there are no all over this country. Then they cut de- come tax workers and Americans, they middle class, and there are no upper- fense, $127 billion, after Colin Powell rejected it. They increased the tax. class citizens in this country. There and Dick Cheney told the President They just cannot help themselves in are low-income citizens, there are mid- that a $50 billion cut would put our that. dle-income citizens, and high-income military into a hollow force. The Social Security trust fund, we citizens; but the other side continually Why did we not support the Clinton- said no. Lockbox. Veterans’ COLAs, we uses the term ‘‘class warfare’’ to get Gore 1993 tax increase? Remember that restored that, on a bipartisan basis, by their point across. I think that is it increased the gas tax? They even had the way, against Clinton’s and GORE’s wrong. a retroactive tax. Most people forget wishes. The military COLAs, we rein- But they promised a middle-income about that. Remember the First Lady stated that. We have replaced some- tax cut, and they could not help them- changed their income tax form so she what of the defense. The increase in selves. In 1993 they increased the taxes could benefit from the retroactive tax? taxes at the highest level in history, on the middle class. Why? Because it Remember the gas tax went to a gen- we have done away with much of that. means power, Mr. Speaker. It means eral fund? Why, instead of a transpor- The gas tax, as I mentioned, we put power to rain down more and more tation fund? So that they could take into a trust fund. We took the health money to their districts so they can the Social Security trust fund, they care plan and we benefited many Amer- come back here and get reelected and could take the increase in taxes, in- icans, but we have still got a long ways maintain the majority like they did for cluding the 18 cents Federal tax into a to go. 40 years. general fund and use it for new spend- So, for the Democrats to say that But finally the American people had ing. And we said, No, Mr. President, they are responsible for the economy, enough, and in 1994–1995 they said we Mr. Vice President. We are going to first of all, when not a single one of are going to let the Republicans try take that gas tax, and we are going to their budgets or economic plans have and let them for the first time in 40 put it into a transportation trust; and ever cleared the House or the Senate, years control the House. Now we con- many Republicans and Democrats and outside when they controlled this body, trol the Senate as well. States have benefited from that, be- and the 1993 tax increase that most of The tax increase in 1993, why did we cause the money, instead of going to it has been rescinded, it is a little bit not support it? Because it took every new social spending, failed social ridiculous for them to claim credit for cent out of the Social Security trust spending, has gone to improve our the economy. fund, just like they had for 40 years roads and highways in this country, in- b 1745 prior, to use up here for additional cluding my own California, which is a spending. In all the budgets, even after donor State when it comes to taxes, It is impossible. It is illogical. Republicans took the majority, the and not the general fund. Economic principles. We say well, Clinton-Gore budget raided the Social But remember in 1993 also the Clin- what has not and what has, in my opin- Security trust fund, put it up here for ton-Gore team tried to pass govern- ion, and 99 percent of the economists new spending, increased taxes for new ment controlled health care. It was re- contributed to a better economy for all spending, and then put a little bit back jected by all Americans. Remember the Americans. into the Social Security trust fund or $16 billion pork-barrel package? I do. I First of all, when we took the major- put in an IOU. was here. It had payback for people ity, in our 1995 budget, even before What did that do, Mr. Speaker? It in- that had voted for the Clinton-Gore that, with the Contract With America, creased the national debt, at the same team. It put parking garages in Puerto we said we are going to balance the time making the Social Security-Medi- Rico, swimming pools in Florida. I budget. Do not listen to me or to the care trust fund insolvent. Republicans mean, it was ridiculous. Democrats, or to any of the leadership; said, No, Mr. President, Mr. Vice Presi- In that, the deficits were projected at listen to what Alan Greenspan said. He dent. We are going to put the Social $200 billion and beyond forever. Did we said, and I quote, just by speaking Security trust fund into a lockbox, to vote for it? No. about balancing the budget and the po- where it accrues interest. Instead of in- First of all, the Social Security tax tential for the Congress of the United creasing the debt, it is going to pay increase, we rescinded that and did States to balance the budget will re- down the national debt by the year away with it. The tax for the middle duce interest rates across the board. 2013. class, we have given education IRAs, And what do interest rates mean to the Now, AL GORE in his budget tries to we have given education savings ac- American people? take claim for this. They did in the counts, we have given R&D tax credits, I have a family, a young man that Democrat convention. It is not true. we have given capital gains tax credits, just got married. He is looking into They fought it tooth, hook and nail, which the Democrats said were all for homes. Here is a chart I pulled out of every single part of the way, because the rich. They fought tooth, hook and the Washington Post, and it is on they wanted to use that extra money nail. Yet at the convention I see the home-buying, Mr. Speaker. Take a for spending. I think that is wrong. Vice President claiming credit for edu- $140,000 house, and most people would Why did we not vote for the 1993 tax cation IRAs, when they fought against like to find a $140,000 house today. But increase from Clinton-Gore? Because it them tooth, hook and nail. They said it at 5 percent interest, one’s payments cut the veterans’ COLAs. You want to was a tax only for the rich. The $500 de- are about $1,000. If one has 8.5 percent, talk about priorities? Our veterans duction per child, remember that side, which is about what the prime is that served this country, in many cases it is only a deduction for the rich, just today, one is paying $1,400 a month for departed from their families, not like the death tax and the marriage one’s payment. If it is 10 percent, one is

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17857 paying almost $1,600 a month. That is But yet, that was rejected by the Clinton-Gore budgets have increased real savings to the American people, Clinton-Gore administration, and now the deficit by over $200 billion, includ- when one is buying a home. the Vice President is trying to say it ing the present Gore plan. Just read all I just sent my daughter off to Yale. I was his idea, when they rejected it, and of the papers, look at all of the econo- cannot tell my colleagues how expen- that is wrong. But tax relief for work- mists. He spends every bit of the Social sive that is. She scored a perfect 1600 ing families, they get a little more Security trust; he spends every bit of on her SAT, and she wants to be a doc- money in their pockets, and maybe the surplus and increases taxes at the tor. But if interest rates are important they can go out and buy a car, and car same time, and guess what? The debt to the American people, and the bal- dealers like that. Maybe they go out goes up again. anced budget is the primary cause of and buy a double cheeseburger, double Budgets for education. People say, interest rates going lower, according to fries, to spread the money around a lit- Alan Greenspan, the head of the Fed, tle bit. It is called micro and macro- look across the land. My wife was a then that is an economic principle that economics, that one has more money teacher, a principal, and now she is a we want to adopt. and they will spend it or at least set it district administrator for the school Who fought against it, Mr. Speaker? aside and save it. district. My sister-in-law, Carolyn The Clinton-Gore administration was Yet, Mr. Speaker, my colleagues on Nunes, is the district administrator for here in this House fighting day by day the other side have never seen a tax in- all of San Diego city schools for special to fight against the balanced budget crease they do not like, or will they education. Allen Buerson, who was a because it limited the amount that ever support a tax decrease? No. At Clinton employee before, is now the su- they could spend and to regain a ma- least some of my colleagues will, but perintendent of San Diego city schools. jority, and that is just wrong. But in the liberal Democrat leadership on Guess what? He is in the real world and 1997, after 2 years of demagoguery, the that side fights it tooth, hook and nail now he is fighting for Republican prin- President finally came to the table every single day. ciples of getting the dollars down to with Republicans, against the wishes of Less government spending. If we have him so that he can make the decisions, the liberal Democrat leadership on this less bureaucracy; for example, about so that the teachers, the parents and side. They still fought it tooth, hook 4,000 workers in the Department of the administrators can make a decision and nail, fought a balanced budget, be- Education, and we only get less than on what happens to their dollars. cause their leadership saw that, well, half of that money down to the class- We passed a bill on the House Floor that will take away their ability to re- room because of the bureaucracy, Fed- called Ed Flex. The liberals over here take a majority, and that was more im- eral education spending. I used to be fought against it, because again, they portant to them than a balanced budg- the chairman on the authorization want government control of health et and the economy of this country. committee. Only about 7 percent of care, they want government control of The President signed a budget agree- funding from the Federal government education, they want government con- ment. I give him credit for that. gets down to the States for Federal trol of private property; they want the A second principle is that the govern- education programs. But yet, in most highest taxes possible so that they can ment should keep its books in order States, it takes more than half of the and cut wasteful spending. In the States’ administrative body to manage keep that power and have bigger bu- Washington Times today, it listed 4 that 7 percent of Federal education dol- reaucracies. But yet, Allen Buerson government agencies responsible for lars. And the other paperwork, by the says, we need the money more down to $21 billion, actually $20.7, close enough, time we go back and forth with all of the classroom, and I support Allen of fraud, and one-half of that fraud was the different requirements, then we Buerson who is a Democrat and also in Medicare. I would say, whether it is have even less than that to spend on the superintendent of schools for San the Education Department that only the classroom, whether it is for con- Diego city schools, and I think he is gets about 48 cents less than half of the struction, whether it is for teacher doing a good job. dollars down to the classroom because pay, whether it is for technology, or But let me give my colleagues an of the bureaucracy, and that the IRS whatever it is. idea, Mr. Speaker, of the sham that the and GAO have been unable to audit; as So another principle should be not Democrats run and why it is so dif- a matter of fact, it is unauditable, that just to cut wasteful spending, but those ficult for the American people to see there is fraud, waste and abuse there. items in which we have priorities for, the differences. We look at food stamps or HUD, and Social Security, Medicare, prescription yes, Mr. Speaker, Defense. I can go drugs, education, that the maximum First of all, we have talked about the through and point out fraudulent and amount of dollars should go to those President’s budget. Democrats did not wasteful spending in Defense, which I groups that we are trying to help, not vote for it. But yet, they will use the am a hawk; well, maybe a dove that is a bureaucracy in Washington. But the President’s budget number of $1.1 bil- fully armed. But there is wasteful era of big government is not over. In lion for special education. When the spending, and that should be part of AL GORE’s budget plan we see govern- Democrats had control of the House, the principles of reducing and helping ment with 48 new government agencies the most money ever spent on the au- this country to economic prosperity. in the Clinton-Gore budget last time. thorized amount was 6 percent for spe- Tax relief for working people. Mr. In the one prior to that, it was 115 new cial education. If one includes the Speaker, if someone has a $500 deduc- government agencies. They cannot money for Medicaid, that has gone up tion per child or they can have an IRA bring themselves to cut the budget. to about 18 percent for special edu- in which they can set aside $2,000 a When they say, look at the number of cation. In this budget, the Republican year, which the gentleman from Mis- government officials that have been re- budget, we increase special education souri (Mr. HULSHOF) set forth so that duced, we know that 90 percent of by $550 million. But yet, the budget working families could set aside those Federal employees are defense that none of the Democrats voted for money. If one has a child, when he is and defense-related industries, not the because it increased taxes, stole Social born, by the year he is 10 years old, at civilian workforce. Security trust, and the only way they $2,000 a year, well, we would say that Another principle should be to pay got up to the $1.1 figure was to use would be $20,000, but with compound in- down the debt. Paying $1 billion a day, that, those gimmicks, and say that Re- terest, it is almost $40,000 a year by the nearly $1 billion a day is robbing our publicans are cutting special edu- time that child is 10 years old. One can children of their future and putting a cation, when we have actually in- use it for special education, for special debt burden on their backs that we as creased it more than they ever did and needs, one can use it for books, for tu- adults and Members of Congress should increased it by $550 million over the toring, or one can leave it in the trust not do. We have paid down, in every amount. I think that is wrong, to use fund for higher education. single year, the debt when again, the that kind of smoke and mirrors.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17858 CONGRESSIONAL RECORD—HOUSE September 13, 2000 In education, for many, many years son for economic advancements in this But I think the overall factors of a they put trillions of dollars into edu- country, that low inflation is impor- balanced budget, tax relief for working cation programs. When I was sub- tant, that capital gains reductions families, social security, tax reduction committee chairman on the authoriza- have stimulated the economy and cre- so people could have their own money, tion committee, I had 16 groups come ated jobs, then I think that is good. not taking the money out of the social in before me and testify. Every one of But if we have liberal leadership on security trust, education IRAs, a $500 the 16 had the absolute best program the other side that fights those issues deduction per child, capital gains re- that could be envisioned for their dis- in both their budgets and in the 1993 ductions, and even my own 21st cen- trict. It worked. It was helping chil- tax bill, then I think that we need to tury bill that allowed businesses to do- dren to learn or it was helping special make the analysis of who is responsible nate their computers to a nonprofit, needs children or even at-risk children. for the economy. that company then took that com- Even Bishop McKinney, who has a Again, I would say that the Blue puter, which is still in effect, by the Catholic school for abused children and Dogs, and my colleague here on the way, they take that computer to a at-risk children, came in and testified. budget has worked. I want to go military brig or a prison system, they After the hearing, I asked each of through this. I have fought for 2 weeks work on it, they hand that computer them which one of the other 15 had any on this. But I would say, my colleague over to the school as a full-up round. It one of the other programs in their dis- on the other side has some real good is a win-win for the budget, it is a win- trict. They looked at each other, and ideas, and ones that I personally ac- win for education, it is a win-win for not a single one. We said, that is the cepted. The overall budget I thought our penal system, and it sure is for our whole idea. We are trying to get in a was bad, but I would say that many of businesses, because they get to write block grant the money to you so that those issues that the gentleman off the tax and invest in new computers you, if you live in Wisconsin, this pro- brought forward were very valuable. and then cycle those computers back Mr. STENHOLM. Mr. Speaker, would gram may work best for you, but yet, into the education process. my friend yield for a minute? Any the teachers, the parents, the prin- I think the Republican budget strat- minute that I take from the gen- cipals and the community can make egy has been clearly successful: bal- tleman, any minute I take I will be the decision of how that money is ancing the budget, tax relief, cutting happy to give to the gentleman after- spent. We believe that with all of our wasteful spending. wards. If Members will look at the econo- hearts, that those dollars are best Mr. CUNNINGHAM. I yield to the served by not a bureaucrat here, not a mist, Lawrence Kudlow, he says, ‘‘De- gentleman from Texas (Mr. STENHOLM). union boss telling them how they have Mr. STENHOLM. I thank the gen- clining inflation has been a pervasive to spend those dollars, but that it gets tleman for his compliments. I do not tax cut for all Americans. The effect to them in the classroom. want to interrupt the gentleman now, throughout the economy is in boosting The second thing was the education but I would sincerely say, whatever real incomes.’’ flex bill, the President wanted 100,000 time I take, I hope the gentleman Alan Greenspan said that long-term teachers. We said 100,000 teachers, but would stick around and use a part of interest rates have declined drastically the first half of that, there was not the my hour, because I think a little dia- since the balanced budget and have en- quality, because many of those teach- logue between the two of us might be abled us to stimulate the economy. ‘‘It ers were not even certified. As a matter helpful. has been the first decline in long-term of fact, in the State of California, I know the gentleman does not mean interest rates which, perhaps more many of them, after they were hired, to misrepresent. He believes what he is than anything else in our economy, has have to be fired, because they could not saying, just as I would believe what we been a factor which has been driving teach in the subject that they were are saying. I think we could clear up this reality quite extraordinarily, eco- supposed to be trained in. We said no. the record a little bit if we have a dia- nomic expansion.’’ To hire new teachers, first of all, with logue. I will yield some time to the That is a direct quote by Alan Green- Federal dollars, there has to be quality gentleman when my hour comes in a span, Chairman of the Board of Gov- associated with it. We think that is moment, and hope the gentleman will ernors of the Federal Reserve System. right too. That decision again should stick around. Alan Greenspan also credited this de- be made at a local level in how to do Mr. CUNNINGHAM. Mr. Speaker, I cline largely to Congress’s determined that. would tell the gentleman, we have the effort to balance the Federal budget. Sportsman’s Caucus dinner tonight He often advised Congress that finan- b 1800 that I am going to hustle over to, but cial markets would respond favorably Mr. Speaker, the principles of a bal- I will stick around maybe the first 5 to credible deficit reduction. anced budget, lower interest rates, minutes. Greenspan said, ‘‘A substantial part lower inflation, making sure that the I would say again, many of my col- of the very considerable decline in Federal government puts its house in leagues on the other side, especially long-term interest rates has been a order and its books in order, making the Blue Dog budgets most of us on function of the decline of budget defi- sure that if a government is wasteful, this side could adopt, but we could not cits, because it has removed pressures that it is eliminated, or at least fixed, go along with the liberal leadership on the Federal government borrowing they are important. from the gentleman’s party or the from the marketplace.’’ That is where A good example is Head Start. Just White House. As a matter of fact, most our debt goes up, as well; the reverse of like those 16 programs, many of my lib- of the gentleman’s people could not what has happened with President eral friends would say, let us do all 16 vote for them when they were brought Clinton’s 1993 tax bill. A year after his programs, let us do them; not mean, forward on the House floor by Repub- tax increase was enacted, interest rates not malicious. But in doing that, they licans. have moved up about 21⁄2 percent, per- would put all of those programs under The President, as I mentioned, in 1997 centage points. The trend for real eco- the Department of Education. Each one signed the balanced budget agreement, nomic growth slowed. would have a bureaucracy. Like Head but each one of those budgets following Interest rates peaked November 7, Start and Easy Start and many of the they increased taxes, they took money 1994. The next day, the national board programs, there was underfunding. out of the social security trust fund, set a new direction. They said that They were doomed to fail. and they increased the debt by using they wanted to stop the raid on the so- We think that the best decisions false assumptions. cial security trust fund, they wanted to should be made at the local level. We I would be the first one to say that stop increased deficits and an increase think that is right, too. Under a bal- there were many of the assumptions in in the debt. anced budget, if Alan Greenspan says the Republican budgets that we dis- If we look at Vice President GORE’s that interest rates are largely the rea- agreed with. That is the way it worked. budget proposal, that is exactly what

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17859 he goes back to. Look at the news- that 12-year-old, that 13-year-old, or someone like Governor Bush in Texas papers, look at the budget analysts. He that 14-year-old or their children, what that has gone into the education sys- spends every single penny of the sur- chance would they have because the tem, and in my opinion education is plus. We think that is wrong, Mr. mother wanted more welfare money? the savior for a lot of things, for Speaker. The Clinton-Gore administration anticrime, for the economy, and for a Federal Reserve Chairman Alan fought tooth, hook, and nail welfare re- child’s benefit and a family’s benefit. Greenspan had predicted that credible form. Governor Engler from Michigan, But I said, you have got someone that spending restraint would be rewarded Tommy Thompson, from Wisconsin, has proven in Texas what they have with falling interest rates. I have al- had models. They brought them to us, done, and they want to do the same ready showed in the real estate market on the Republican side. They said, this thing for this great country. At least I what that means to a young family will work. would expect you to reach out and em- that wants to buy a new home. Can Members imagine a parent com- brace that. Cut the cards, doublecheck Real wages actually declined after ing home with a paycheck instead of a what he says, but I have traveled with the 1993 tax increase, and I think quite welfare check, what that means to a Governor Bush and I know he means it often we speak too much of numbers, child in school? Guess what, those fam- from his heart, and he has not only but 0.5 percent. Is a balanced budget ilies, and the President takes credit talked the talk but he has walked the just numbers? now for welfare reform, and half of the walk. We speak that a lot here on the people off of welfare rolls. But guess I would challenge all of the Members House floor: deficits, budgets, numbers, what, instead of welfare money being to reach out, especially in education, increases. But what it is is for real spent out of the government or unem- and get the bucks down to the class- families. If a family has more in their ployment, those people are working. room. pockets to spend, then they are going Guess what, those tax rolls, they are Since we have had a balanced budget to set that money aside for their chil- paying money into the government by and Republicans took over, we had the dren. Unfortunately, in this country paying taxes instead of drawing from second largest stock market boom in there are many of those families that that. We think that is good. Has there this century; we had 39 million new are not responsible. been enough in that area? No. Is there jobs, 11 million new business start-ups; When we have someone that is irre- enough training? No. There needs to be the creation of $25.7 trillion in new sponsible, and let me give the Members additional training. We agree on some household wealth. an idea, in welfare reform, I had a doc- of those issues on both sides. I reject the Democrat convention tor come into my office. He said, Duke, Yet, Clinton and GORE fought welfare where they say that the last 8 years I had a lady come into my doctor’s of- reform tooth, hook, and nail. The lib- they are responsible for the economy. fice. She had a 12-year-old daughter. eral leadership on that side of the aisle The Greenspan policy of disinflation She wanted to know what was wrong fought welfare reform tooth, hook, and has neutralized the Clinton tax in- with her 12-year-old daughter, that she nail. Why? Trillions of dollars they put creases. Low inflation has lowered cap- could not have a child. The mother had into welfare. The average for a welfare ital gains, has led to an information a 13-year-old and a 14-year-old each recipient was 16 years. In my opinion, technology explosion, fueling even with children. She wanted the extra many of our inner cities with the drug more productivity, growth, and wealth welfare money. problems we have, the no hope in the creation. My father and my mother, I lost my inner cities, is from generations of peo- Nearly half of all Americans own at dad about 5 years ago, the best dad in ple trapped in a welfare system with no least $5,000 worth of stocks, bonds, or the whole world, but I never got a nick- hope on where to go. mutual funds. We should not tax those el allowance. I had to work for it. My Yes, it is better to give a person a annuities. father and my mother never missed an pole and teach them how to fish in- 1815 academic or an athletic event that ei- stead of giving them the fish. Yet, we b ther my brother or I attended, either are looking at an election where a con- We should reward work. We should at home or away. I had to go to church, trast of a Governor that has balanced reward savings, Mr. Speaker, unlike like a lot of us, when I was young. I these budgets, working with Democrats the Gore budget. would have a lot rather been on some on both sides of the aisle, to where in American families treasure their Sundays out with my buddies riding education he went into the school sys- ability to improve their condition around, having a good time, but I had tems and said, ‘‘What is wrong? Do you throughout their own efforts. I think to go to church. not have the technology? Are your in our history there is no country in I had to do my homework before I got teachers not trained? Why are my His- the world that has out-produced our to go out and play or be with my bud- panic and African-American children workers if we give them a chance. dies when I got older. My mother and dropping out at high rates?’’ On a sense of equal opportunity, is father that never had a chance to go to I think it was fair for him to go into there in this country? Absolutely not. college said, you and your brother are the schools and say, ‘‘Why? Whatever Has it gotten better? Yes, it has. Do we going to college. You have no choice. it is, our administration in Texas is need to work in that direction? Yes, we Because my father said, his small defi- going to fix it.’’ do. Economic growth is not just about nition of the American dream was that If we take a look at all the press ac- numbers; it is about the values on ‘‘If we teach you the value of a dollar, counts, the education, the educational which America and its people thrive. that you have to earn it, we do not just system for minorities, is going up the Let me go through some of the things give it to you, like government gives to highest of any State. I do not think it that I think have hurt our chances for many people in welfare; if we teach you is fair, where the Democrats had con- the economy: first of all, by spending a sense of the family, that we are there trol of Texas for 100 years, and looking the Social Security trust fund; sec- for your education, we are there for across-the-board in the State of Texas. ondly, 149 deployments for our military your events, that we care; if we force But I think it is fair to look at the dif- in which our military was at a pretty you to do your homework so that you ferences between the time Governor sad state. can qualify for college and you get a Bush took over the education systems We put $3 billion into Haiti. Go to college education,’’ my father’s small in Texas and what he has done for the Haiti. I challenge any Republican or definition of the American dream is State of Texas. Democrat to go there. Look between that, ‘‘With those tools, you can make I was on Heraldo with Al Sharpton, the airport and the embassy. There is tomorrow better most days than it is that was fun. I told Heraldo, I said, Mr. an average of three murders a day on today; not every day, but most days.’’ Heraldo, you spent your whole life that highway, and carjackings. One can I would ask the Members, what reaching out, making sure that minori- drive a semitruck into the holes; but chance at the American dream does ties have equality. Where you have yet we put money into Haiti. Do my

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17860 CONGRESSIONAL RECORD—HOUSE September 13, 2000 colleagues know where the money is? mums of a quadrennial review or bot- Let me go back. The gentleman from Take a look at Arastide’s bank ac- toms-up review, we could not do it California mentioned the Reagan count. But yet we have not done a today. I think that is wrong. years. I happen to be a Member that thing in Haiti. But, yes, we lost some I think for the Clinton-Gore White served here during that period of time. people there. We got kicked out of House to drag our military through 149 I happen to be a Democrat on this side there. deployments, depreciate our men and of the aisle that helped pass much of In Somalia, the same thing. We can- our women and our equipment, cut the Reagan revolution. not fight a Kosovo and fly 86 percent of their military and then the veterans’ But I think it is important that we all the missions just because the U.N. COLAs I think is wrong. set in proper perspective, when we I stand before my colleagues, Mr. and NATO do not have the aircraft and start comparing total outlays in spend- Speaker, tonight. Are we perfect on the the technology. Either they need to up- ing as a percent of gross domestic prod- Republican side? Absolutely not. We grade their aircraft and technology for uct during the Reagan years was 211⁄2 have got a long way to go, I think, with standoff weapons or they need to pay percent. It increased to 22 percent in our own budgets and everything else. the United States those billions of dol- the Bush years. It has dropped to 20 lars that it costs us: $16 billion for Bos- But I do think the principles of Ron- ald Reagan of less taxes and smaller percent in the Clinton years, which the nia, the four times going into Iraq, gentleman’s side of the aisle had de- bombing an asprin factory. At the government, of making sure that gov- ernment that is wasteful is eliminated, served some credit for bringing down same time, General Ryan told me we the spending. put a year’s life on every one of our those principles are sound and go for- But when one counts administra- aircraft, a year’s life, and which we ward a long way. Mr. Speaker, I yield to the gentleman tions, it is not correct to say that gov- have parts. from Texas (Mr. STENHOLM). ernment has grown in the last 8 years. What is happening today? We are Mr. STENHOLM. Mr. Speaker, I It has not. Federal employment has only keeping in 22 percent of our en- thank the gentleman from California dropped from 2.1 million Federal em- listed into the military. I talked to the for yielding to me. ployees during the Reagan years, went SEAL team commander yesterday. He Mr. Speaker, I would like first to as- up to 2.2 million in the Bush years, and has right the opposite. Those kids are sociate myself with the gentleman’s re- dropped to 1.8 million in the Clinton motivated. They have increased their marks as he has discussed the defense years. recruiting and retention; but yet they needs of this country and the needs I do not say that in defense, because have problems in research and develop- that we need to follow through. I cer- ment and procurement. But when we I am much more interested in the fu- tainly want to join with him. ture than I am in the past. I rejoice in only keep 22 percent of our enlisted, But by the same token, I think it is the fact that we now have a surplus, think about our experience level in important, and I say this now, anytime that we are, in fact, discussing how we maintenance. one starts pointing fingers, I was re- shall spend the surplus. During my The average fighter in the Air Force minded that anytime one points one’s hour, we are going to talk about this is 18 years. Our bombers are 39 years finger, there are always three pointing surplus is fictional. We cannot spend it average age. I have got Marines car- back at one. rying World War II radios. Yet, Mr. The gentleman from California (Mr. like it is real money. It is projected. LIEBERMAN says that our military is CUNNINGHAM) has been doing a lot of But discretionary spending, defense, the best in the world. finger pointing at this side of the aisle, defense spending, let me make this If we tell these kids to go somewhere, talking about liberal leadership. point to bear out what the gentleman they are going to do it; and they are Mr. CUNNINGHAM. Mr. Speaker, re- has been saying as regards to defense. going to try and achieve. But that is claiming my time, in talking about the The Johnson years, oh, how we have not the point. A, they need the train- liberal leadership, many of my col- heard about those. Discretionary ing. leagues support some of the same spending as a percent of gross domestic Do my colleagues know that, in things we want to do, including de- product was 12 percent. The Reagan Kosovo, the two helicopters that fense. But the leadership along with years, it dropped to 9.5. The Bush crashed, and one helicopter crew was Clinton-Gore has fought welfare re- years, it dropped to 8.5. The Clinton killed, all of them, that those heli- form, they fought a balanced budget, years, 6.8. Nondefense, though, 3.7. copter crews had never had a flight in they fought a lot of the initiatives we Johnson. Reagan, 3.5. a combat-loaded helicopter because think are responsible for the economy. they did not have the money to train Mr. STENHOLM. Mr. Speaker, if the f with a combat loaded? They had never gentleman will yield, Presidents do not trained with night goggles because spend money. Congress appropriates. ORDER OF BUSINESS they could not get the goggles into the Mr. CUNNINGHAM. True. squadron. Both those helicopters Mr. STENHOLM. Mr. Speaker, the Ms. KAPTUR. Mr. Speaker, I ask crashed. shortages that we allowed to happen in unanimous consent to reclaim my 5 Do my colleagues know Captain the defense needs of this country have minutes that was yielded to me earlier O’Grady that was shot down was not originated in this House of Representa- in the evening. air combat qualified when he was shot tives, not the President. We both agree The SPEAKER pro tempore (Mr. down over Bosnia because they did not to that. SCARBOROUGH). Is there objection to have the money for the training? Therefore, my concern about the cur- the request of the gentlewoman from Do my colleagues know that in the rent budget implications today is that, Ohio? Navy and the Air Force we have no when my colleagues base their entire Mr. CUNNINGHAM. Mr. Speaker, re- more adversary aircraft? The reason budget on a tax cut, and the newest one serving the right to object, and I will that I am alive today is because, when now that they have proposed, the gen- not if the gentlewoman from Ohio will I fought against the MiGs in Vietnam, tleman’s leadership has proposed, not agree with this. The gentleman from I had better training and better equip- the gentleman, there is no money left. Texas (Mr. STENHOLM) has just spoken. ment. But the training today is sub- If we take 90 percent of the total uni- I would like to make maybe a 1- or 2- standard. We do not have those adver- fied budget and apply it to the debt, minute comment. I have to run to a sary aircraft. there is no money left this year to in- dinner. I just spoke to the COs in the fighter crease defense spending in those areas weapons schools in both services. The where the gentleman from California Mr. STENHOLM. Mr. Speaker, I can FMC rate, the full mission capable rate and I would agree. That is my problem. yield from my time. of our aircraft and our equipment has If my colleagues take it out 10 years, Ms. KAPTUR. Mr. Speaker, I have no gone down. If we had to meet the mini- there is no money. problem with that.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17861 ONGOING SAGA OF BUDGET ting the long-term debt and the annual America’s youth as unwholesome with SURPLUS deficits down than the gentleman from a negative impact on youth develop- The SPEAKER pro tempore. Under Texas (Mr. STENHOLM). He has been a ment. Moreover, when asked to list the Speaker’s announced policy of Jan- leader for all of us. So for him to yield three major concerns facing our coun- uary 6, 1999, the gentleman from Texas me a few moments of his time this try, constituents in Ohio’s Ninth Dis- (Mr. STENHOLM) is recognized for 60 evening is a great privilege for me, and trict responded television, radio, and minutes as the designee of the minor- I thank the gentleman so very much. movies contributed to the moral Mr. Speaker, I wanted to enter some ity leader. debasement of our youth. Mr. STENHOLM. Mr. Speaker, I yield remarks in the RECORD here concerning If that is not bad enough, and that is to the gentleman from California (Mr. the recent ruling by the Federal Trade the reason I am down here tonight, I Commission that was highlighted in CUNNINGHAM). received this letter from the country of the New York Times yesterday and in REASONS FOR ECONOMIC PROSPERITY IN Ukraine this week from a religious every major newspaper around the AMERICA leader in that country who says to me, country with the headline: ‘‘Violence Mr. CUNNINGHAM. First of all, I ‘‘Congresswoman, you know, there is a in the Media is Aimed at the Young, agree with the gentleman that it is deep economical crisis in our country Federal Trade Commission says. Re- Congress that spends money. Congress today. Social wounds are opened like port finds pervasive and aggressive is responsible for the budgets that go crimes, alcoholism, prostitution, drugs, marketing of films and video games to forward. The President and the Vice and much of the humanitarian help our youth.’’ coming from all over the world is in President make recommendations. My I am so concerned about this I will be the form of clothing and food and med- point is that those recommendations sending parts of my remarks tonight to ical goods. But, please, there is a lot of have not been wise. The recommenda- the gentleman who represents the mo- tions that we have made have been tion picture industry here in Wash- bad, immoral, wild nourishment,’’ and fought, whether it is welfare reform, ington, Mr. Jack Valenti, along with he puts those words in quotes,’’ that balanced budget and so on. the heads of all of our three major comes here as an ultra modern one. Secondly, the defense, we spent the commercial networks, along with the ‘‘All this stinking mud that comes to money. I believe that, without the 1993 heads of those that sponsor MTV in our Ukraine comes from America and from defense cuts, without the additional country, to say that we are the most Europe. The cult of violence and por- cuts, without the 149 deployments affluent society in the world; and yet nography just fell as locusts onto our which has mostly come in, and the gen- we witness constantly school shoot- children’s souls and their schools, their tleman from Texas I think would ings, teens committing murders, first houses, and on the streets. agree, comes out of operation and graders carrying guns into our schools ‘‘The television today is working for maintenance for the military, those to shoot fellow students. hell, straight. Children are unprotected cuts have come deep. We can all ask ourselves what is hap- as no one else.’’ There is also, fraud, waste, and abuse pening deep inside this society and why So I say to those in charge of the vis- within DOD. We need to eliminate that do we have to read about children com- ual images put before the people of the as well, and I will work with the gen- mitting crimes, violent crimes almost world, when a Member of Congress re- tleman on that. But when it says that on a daily basis. With all the national ceives a letter like this from a citizen we are responsible for the state of the reports indicating major crime is com- in another country, I have to tell you, military, I disagree in the fact that we ing down in our country, why is it that it is a heavy burden that we carry of have been unable, whether it was ex- parents in my neighborhood feel that true embarrassment. tension of Somalia or Haiti or Kosovo they cannot allow their children to How do we defend this not just here and Bosnia, all of those different ride their bicycles more than two at home, but abroad? It is defenseless. things, that that has put an additional blocks away from the house because You cannot be happy about any of this. toll on our military that we would not they fear for their lives and for their Do my colleagues know what he have had if we had not been forced into health? asks? And I am going to ask Mr. Va- those peacekeeping missions. That is We live in a very, very working-class lenti, I am going to ask the major all I wanted to make a statement for. normal community in our country media moguls of our country. He says, Mr. STENHOLM. Mr. Speaker, I where people go to work every day, ‘‘We need help with ethics in our thank the gentleman from California where seniors reside and so forth. schools. We need help with printing (Mr. CUNNINGHAM) for that comment. Following the terrible events at Col- books to try to teach the youth here Again, in that area, he and I are going umbine High School last year, Presi- about our ethics. We need at least 10 to find that we agree a heck of a lot dent Clinton ordered the Federal Trade copies of every book for every school more than we disagree. But I wish he Commission to investigate the role library in our country. But, Congress- could stick around for the remaining that the entertainment industry woman, publishing of these books on hour because I would love to have a played in promoting youth violence. ethics cost money. The report that came out by chairman good honest discussion about where we ‘‘Can you help us? In the current sit- Pitofsky of the Commission says, and I might differ on some of how we get to uation here, we do not have the ability quote: ‘‘For all three industry seg- that point. But maybe next time. to help ourselves yet.’’ Mr. CUNNINGHAM. Mr. Speaker, I ments, the answer is yes. Targeted He says, ‘‘Please share our opinion marketing to children of entertain- would be glad to arm wrestle with the and our longing and then we ask you to ment products with violent content is gentleman from Texas (Mr. STENHOLM) help us in this thing for the children’s pervasive and aggressive. Whether we or even the gentlewoman from Ohio good.’’ are talking about music recording, (Ms. KAPTUR) in the future. So I appreciate the gentleman from movies or computer games, companies Mr. STENHOLM. Mr. Speaker, I yield Texas (Mr. STENHOLM) allowing me in each entertainment segment rou- to the gentlewoman from Ohio (Ms. these few moments this evening. tinely end run and thereby undermine KAPTUR). I include this statement for the parental warnings by target marketing RECORD: MARKETING OF VIOLENCE TO CHILDREN BY their products to young audiences.’’ ENTERTAINMENT INDUSTRY DEAR CONGRESSWOMAN KAPTUR: I ask you I bring this up also because we did a hoping your helping for us in the very nec- Ms. KAPTUR. Mr. Speaker, I thank recent survey in our office of constitu- the kind gentleman from Texas (Mr. essary and important thing. ‘‘Not with the ents in our district asking them about bread alone lives a man’’—these words might STENHOLM) for yielding me a few brief television. be the title of it. moments here. I will not encroach on b 1830 There is a deep economical crisis in his time. I know he has been waiting. Ukraine now: a lot of social wounds are No one has been a finer leader on the Seventy-three percent of the respond- opened like crimes, alcoholism, prostitution, issue of balancing our budget and get- ents graded the impact of television on drugs etc. Much of the humanitarian help

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17862 CONGRESSIONAL RECORD—HOUSE September 13, 2000 now come here from all over the world. Most think we have to adjust that statement Now, we hear about Social Security, of it is clothes, food, remedy, some goods. a little. another trust fund that I think needs But, gentlemen, besides it there are a lot of The Concorde Coalition’s debt clock to be locked up and taken off budget, bad, immoral, wild ‘‘spiritual’’ nourishment on Wall Street came down last week. and again I hear bipartisan agreement that comes here as an ultramodern one. All this ‘‘stinking mud’’ comes to Ukraine from Last week was the first week in which to this; and that is in the area of Medi- America and Europe. The cult of violence we did begin to run a small surplus. care, $400 billion. and pornography just fell as locust onto chil- But to those that continue to talk If we take all of the needed increases, dren souls in their schools, houses, on the about a $4.6 trillion surplus like it is defense, military and veterans’ pro- streets. The television today is working for real money, I would urge a little bit of grams, health care, this is one area hell, straight. Children are unprotected. concern and caution. that the majority of Members on both They, as none else, need the pure hopeful We all acknowledge when we hear sides of the aisle agree that we are spiritual nourishment. In the network of the $4.6 trillion in surpluses that these are going to have to put some additional secondary schools is introduced such a sub- ject as ethics—the very important subject projected. Not a one of us in this body monies into the Medicare and Medicaid especially in the new democratic countries can predict tomorrow much less the reimbursement system or we are going of the Western and Middle Europe, as well as next 10 years. to close tens if not hundreds of hos- in the whole world. But there is a lot of ad- All of us, both sides of the aisle, pitals around the United States, 10 to ministrative formalism here. We still don’t agree that of that $4.6, $2.3 trillion is 12 in my district alone. Therefore, this have good books for pupils. Today we need at now Social Security trust fund. It is will require some additional invest- least 10 copies of every book for every school the amount working men and women ment of our taxpayer dollars. library. We work on this field a lot. But pub- are paying into the Social Security Let me be very clear. When I talk lishing of the thousands books needs consid- system over and before what is being about dollars in spending, I readily erable cost. Please share our opinion and our longing, paid out to those receiving their Social concur and agree that Congress has no then we ask you to help us in this thing, for Security checks today. money to spend except that which we the greater God’s glory and for the children Now, that $2.8 trillion we are agree- take from the American people good. ing to set aside. It is in a lockbox. Call through the tax system. So whenever With respect, it what you want to. But the basic we are talking about the expenditure of S.P. truth is we are paying down the debt funds, expenditure of dollars, I readily Mr. Speaker, I say to the Federal with that amount of money, and that is agree it is your dollars, it is our dol- Trade Commission, be strong in what the best lockbox we can put on it. lars, but I think it is important when you do. Please help our country lead But what is not mentioned on this we add up all of these set-asides and each of us to a better world for our- floor is that $2.3 trillion over the next lockboxes, increased defense needs, the selves and for our children here at 10 years is not going to be enough to true surplus projected is closer to $800 home and abroad. fully pay the guarantees under Social billion than $4.6 trillion. Mr. Speaker, I thank the gentleman Security beginning in 2010, the year That is why the Blue Dogs on this whose words of wisdom I know on our that the baby boomers begin to retire. side of the aisle have for the past year budget situation will also help lead us Therefore, that is a concern and that been advocating a simple formula as to to a wiser course. He has been so re- is why some of us have been insisting how we deal with this year’s budget. sponsible for the better situation in that before we pass large tax cuts we We have suggested that we ought to which we find ourselves. should first decide how are we going to apply half of the projected on-budget Mr. STENHOLM. Mr. Speaker, I fix Social Security for the future so surplus to pay down the debt first and thank the gentlewoman for her com- that our children and grandchildren divide the remaining half equally in ments, and I thank her for her remarks will have the opportunity to receive half and say devote half of it to tax on another very important subject to a the benefits that are promised to them cuts targeted toward the death tax re- lot of us. under current law. And no one can lief, the marriage tax penalty relief, Mr. Speaker, let me take just a few come to this floor and say that that and many other muchly needed tax re- moments again and discuss the ever will happen unless we make some lief proposals, but do it in a conserv- ongoing saga of the Federal budget. changes in the current system. ative way; and then use the other one- And again I repeat, as I did to my good But of the remaining $2.8 trillion, fourth of this surplus, or half of the friend the gentleman from California most of this is a mirage. Quoting again half, for those spending increases in de- (Mr. CUNNINGHAM) a moment ago that, from Mortimer Zuckerman because he fense, as I agree with the gentleman whenever it sounds like I am pointing is right on target: ‘‘The surplus fore- from California (Mr. CUNNINGHAM) that a finger, I always acknowledge that cast assumed that nonentitlement the need is there, for our veterans, for there are three pointing back at me. spending including defense spending our military retirees, for health care, But so often is the case that we tend will not exceed the rate of inflation.’’ for our pharmaceutical benefit. to exaggerate the truth. I am often re- Now, we have already heard from our Now, here is the problem: Today, minded of the infamous words of an colleague, one of the true experts on once again, we had a veto override and Oklahoman, Will Rogers, who once ob- defense spending, that we must in- the rhetoric flowed around this body served, ‘‘It ain’t people’s ignorance crease the amount of spending that we about the need for that tax cut. Let me that bothers me so much. It is them are now doing on defense because we make it very clear. I totally agree, 100 knowing so much that ain’t so is the are short of parts, we are short in the percent, that we should eliminate the problem.’’ And we get an ample area of operations and management marriage tax penalty. But it does not amount of statements on this floor and maintenance, and we are dras- require $292 billion of the projected sur- that are just not so. tically short changing the future by plus in order to eliminate the marriage It is great for our country that we not making capital investments in our tax penalty. It takes $82 billion. And are now running a theoretical surplus. defense capabilities. that is where the problem comes in, be- But just as in the September 4 issue of That means that by assuming that cause that extra $292 billion adds up to U.S. News and World Report, Mortimer we are going to only increase defense a total number of tax cuts that we do Zuckerman, the editor in chief, stated, spending at the rate of inflation is a not have the money to do. ‘‘the surplus is a mirage.’’ He is cor- mirage. Let me quickly run over those, be- rect. What is scary to me is that, if enough cause my colleagues are going to hear We have heard the gentleman from people believe this and we should pass a lot now about the new budget. I Mississippi (Mr. TAYLOR), and perhaps a $1.6 trillion tax cut that we would would congratulate my friends on the he will join us a little bit later again find out there will be no money there other side of the aisle for coming this evening, talking about the fact for any increases and that our country around finally to the Blue Dog position that there really is no surplus. Well, I cannot afford. on debt reduction, at least in their

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17863 rhetoric. But, unfortunately, when we tionary spending. In fact, let me again realistic that will meet the human start talking about 90 percent of the read to you some interesting numbers, needs of the defense of this country, surplus being applied to the debt, those because one would never believe, never the health of this country in Medicare numbers do not add up. believe, that discretionary spending is and Medicaid, our much needed im- I am surprised that the leadership of coming down when they listen to the provement in veterans, in military re- this body would continue to put out charges that are made from the other tirement programs, in the much needed numbers that anyone that understands side of the aisle. investment in education in this coun- simple arithmetic knows do not add up. Discretionary spending as a percent try, and in agriculture, because in agri- The unified surplus for this year, for of our gross domestic product in the culture we are in the depths of a de- example, 2001, is projected at $268 bil- Johnson years was 12 percent; in the pression. Our prices are as low as they lion. If we take 10 percent of that, that Reagan years it dropped to 9.5 percent; were during the Depression. We have is $28 billion available for tax cuts and in the Bush years it dropped to 8.5 per- drought. We have all kinds of problems appropriations this year. Debt service cent. In the last 8 years, it has dropped in which we are going to need to make costs $1 billion. to 6.8 percent. Nondefense discre- some kind of an investment there, or Already this year, we have voted the tionary spending has gone from 3.7 per- pay the price. marriage penalty tax cut. That takes cent in the Johnson years to 3.5 in the One never has to do anything, but $15 billion in 2001 if it would have Reagan years up to 3.7 in the Bush there are some needs here and these passed. But it did not. It was vetoed. I years and dropped to 3.4 percent in the are the priorities. am saying if it would have passed, last 8 years. Fiscal discipline, it would be nice if which I assume was the desire of my These are the accurate and honest every once in a while we did have a friends on the other side of the aisle or numbers. true bipartisan attempt to arrive at they would not have attempted to Now, what do we do? I am very dis- these numbers, but it seems like those override the President. appointed that we have not been able are illusory; and I guess we are going The small business minimum wage to sit down now and put a new set of to have to wait until the 107th Con- tax cuts would cost $3 billion. The caps. We have to put some discipline on gress before we will get a chance to do Portman-Cardin pension and IRA tax spending in this body, on my side of some of what I am talking about to- cuts $1 billion. Telephone excise tax re- the aisle and, quite frankly, on the night, but maybe not. Let me refresh all of our memories peal $1 billion. Repeal of the 1993 tax on other side of the aisle, because it is in- again because my friend from Cali- Social Security benefits $4 billion. teresting to me, when we hear that somehow we on this side of the aisle fornia was talking the blame game a Total tax cuts $25 billion. Medicare moment ago, and I hate to talk about provider restorations, of which we are are still blamed for spending we have been in the minority for 6 years. Last him, he is no longer on the floor; but as in agreement, $4 billion. That makes he and I agreed we are going to try to the total proposals $29 billion. That has time I checked, the minority party cannot spend money. We do not have find another hour sometime in which a deficit of $2 billion. we can have some of these discussions 218 votes, and, therefore, again, spend- And we have not made any increases because I happen to agree with him on in defense spending. We have not dealt ing is bipartisan. I would like to see us put some dis- much of his defense positions. with the emergency conditions all over But it is interesting when we look at cipline on us. I would like to see us this country, the drought, the fires in the economy and where it is today and argue for a change on this floor as to the northwest, the lack of drinking who is taking the credit for what, from what the caps on discretionary spend- water over much of Texas. None of a pure budget standpoint, voted by the ing ought to be in 2001, and then put these needs have been met as yet. But Congress, I happen to still believe very some caps, realistic caps, in what we yet, we continue to talk about, or at strongly the foundation of this econ- least we did up until today, that the can do and must do in 2002, 2003, 2004, omy that has given us the longest major emphasis this year must be on and 2005. It would put some discipline peacetime economic expansion in the tax cuts. on this body that, quite frankly, we history of our country these last 8 Now, the Blue Dogs believe very, need. It is healthy for the Congress and years, that the foundation was laid in very sincerely and very strongly that all of the committees to be giving real- 1991. It was the so-called Bush budget, the best tax cut we could give the istic numbers, but also tight numbers President Bush. He paid dearly for it. American people is to pay down the na- that we must follow because that tends He was unelected in 1992, but many of tional debt first. And after we have to help us avoid being wasteful, which the tough decisions that were made in agreed on paying down the debt, then we can do a pretty good job of. that budget, I believe, laid the founda- let us discuss how we might in fact The Concord Coalition has rec- tion for the economy that we now deal with fiscally responsible tax cuts ommended this. Spending caps should enjoy. That is a personal opinion, and just in case the projections are not ac- be retained but raised to realistic lev- it is interesting when we look at who curate. els, and I think as we debate now what voted for that budget we will find that those spending levels shall be in this b 1845 only 37 Republicans supported our omnibus spending bill that it would President in 1991. It took bipartisan It is amazing to me how businessmen make good sense for us to agree on support to pass that budget, and many and women who serve in this body, who that level. The Blue Dogs have sug- of us have been blamed for that ever would never, ever, think in terms of gested, and here the Republican budget since. spending a projected surplus in their calls for the expenditure in the discre- Then we come to the 1993 budget. Re- own business or in their own family tionary, that is what Congress votes to member that one? That was the Clin- situation, suddenly can come to this spend, of $600 billion. The President is ton budget. That was one that we floor and suggest that that is what we recommending $624 billion. The Blue Democrats paid dearly for. We got ought to do with our country. Dogs have suggested all year that the unelected and we got in the minority I do not understand it. But then when number of $612 billion would be a rea- for the first time in 40 years. Zero Re- you start being critical, it is important sonable compromise. It is a good target publicans voted for that budget that to then start talking about what you to shoot for and in a total budget of 1.8 year, but I think that put the walls up are for. To our leadership, I would sug- or 900 billion, compromising some- on the economy. It was a tough budget. gest that one of the things that we where around $612 billion on discre- Admittedly, I did not support all of have done over the last several years, tionary spending would be a good place that budget. I had my differences, par- and I give credit to the other side of to start, but maybe there is a different ticularly on the spending side, but it the aisle for their share of this accom- number. Whatever it is, I would hope passed. plishment, caps on spending have that we would not do a 1-year budget Then we go on to the 1997 balanced worked fairly well in reducing discre- but that we would put in caps that are budget agreement, and that budget

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17864 CONGRESSIONAL RECORD—HOUSE September 13, 2000 also took bipartisan support. One was expecting some other colleagues to one. This is pretty black humor. We would think from the rhetoric on the join me, but they are not here. Let me have a secretary at an HMO, and she is other side of the aisle that this was all just say that let us not get too carried saying ‘‘Cuddly care HMO. My name is done with Republican support, but only away with this new budget that has Bambi. How may I help you?’’ 187 Republicans supported it. I should been offered by the leadership of this Next one, ‘‘You are at the emergency not say only. I give them tremendous body to suggest that 90 percent solu- room and your husband needs approval credit for being 187 to pass that budget, tion. for treatment.’’ Next one, ‘‘Gasping, but it took 31 Democrats to stand up Mr. Speaker, it does not add up. It writhing, eyes rolled back in his head for that one, too; and not everybody just does not add up, and it is time for does not sound all that serious to me. has been happy with that budget, but us to realize that we cannot go an en- Clutching his throat, turning purple. that is the history. tire year on a game plan of saying that Um-hum?’’ And she says here, ‘‘Have When we start talking about the the most important thing we need in you tried an inhaler?’’ She is listening budget for this year, the Blue Dogs this country is a tax cut and then find on the phone. ‘‘He is dead. Then he cer- have been suggesting the 50/25/25 solu- out we cannot pass it because we tainly does not need treatment, does tion all year long. Take all of Social should not pass it, and then all of a he?’’ And the last picture there on the Security off budget. Take the remain- sudden flip to a new budget that does lower left shows the HMO bureaucrat ing surplus projected and half of it pay not add up. Neither one has added up, saying ‘‘People are always trying to rip down the debt and divide the other half but there is still support on this side of us off.’’ equally between spending and tax cuts. the aisle, and we would be surprised For years now we have seen headlines We have 177 votes for our budget. That how much bipartisan cooperation we like this one from the New York Post, is not enough. 140 Democrats support could get if we just acknowledged that ‘‘What his parent did not know about it. Only 37 Republicans support it, but the $4.6 trillion surplus that is pro- HMOs may have killed this baby.’’ I appreciate the 37 and the 140. jected is not real and should not be Here is another cartoon. This is the That brings us to where we are today. spent as real money. HMO claims department, HMO medical It is interesting today, because, again, f reviewer with the headphone set on is one listens to the rhetoric, I am read- saying, ‘‘No. We do not authorize that ing from the Congressional Daily PATIENT PROTECTION LEGISLA- TION AS IT RELATES TO specialist. No. We do not cover that op- today. Senator LOTT said we know the eration. No. We do not pay for that fiscal year 2001 surplus will be $240 bil- HEALTH MAINTENANCE ORGANI- ZATIONS medication.’’ Then apparently the pa- lion to $250 billion. We do not know tient must have said something, be- what the surplus will be in 6 years. Ex- The SPEAKER pro tempore (Mr. cause all of a sudden the medical re- actly. That is the point some of us SCARBOROUGH). Under the Speaker’s an- viewer at that HMO kind of sits up and have been trying to make. That is why nounced policy of January 6, 1999, the then angrily says, ‘‘No. We do not con- some of us have cast some very dif- gentleman from Iowa (Mr. GANSKE) is sider this assisted suicide.’’ ficult votes regarding the death tax, re- recognized for 60 minutes. Or how about this headline from the garding the marriage tax penalty. Mr. GANSKE. Mr. Speaker, I thank New York Post, ‘‘HMO’s cruel rules We have said let us fix those two the gentleman from Texas (Mr. STEN- leave her dying for the doc she needs.’’ problems the best we can. In the case HOLM) for yielding a little earlier this Pretty sensational headlines. of the death tax, let us make sure that evening. Just as a form of notice to the no estate of $4 million and less will next speaker, I will probably speak And then we had this cartoonist’s ever have to deal with the confis- somewhere between 20 and 30 minutes. view of the operating room, where you catory, sometimes downright, what I Mr. Speaker, I want to talk tonight have the doctor operating. You have an would consider, almost criminal confis- about a topic that I have come to the anesthesiologist at the head of the cation of property of small businesses. floor many, many times in the last sev- table and then you have an HMO bean We can do that, and the President will eral years to speak about, and that is counter. The doctor says, ‘‘Scalpel.’’ sign that. It does not take $105 billion, on the issue of patient protection legis- The HMO bean counter says, ‘‘Pocket and it does not take leaving a black lation as it relates to health mainte- knife.’’ The doctor says, ‘‘Suture.’’ The hole in 2010 for Social Security, which nance organizations, HMOs. HMO bean counter says, ‘‘Band-Aid.’’ is my primary objection to that bill Mr. Speaker, I remember a few years The doctor says, ‘‘Let us get him to the that is no longer on the table. ago, it must be about 4 years, that my intensive care.’’ The HMO bean counter The Concord Coalition has some good wife and I went to a movie called As says, ‘‘Call a cab.’’ ideas. In deciding the future of discre- Good as It Gets. We were in Des Some of these I think have passed tionary spending caps, policymakers Moines, Iowa, at a theater and I saw the realm of being even humorous, be- must balance four major objectives: something happen that I do not think I cause it has just been going on too adequate funding for national prior- have ever seen at a theater. During long. You notice you do not see Jay ities. We can find some bipartisan sup- that scene, when Helen Hunt talks to Leno or David Letterman talking much port for determining that number, and Jack Nicholson about the type of care any more about HMOs. It has just gone we can put some new caps into place that her son in the movie, with asth- on too long. People are being hurt that we can certainly live with for the ma, was getting from her HMO and she every day by capricious rules that deny next 5 years. They have to have some uses some rather spicy language that I people medically necessary care by political reality. We cannot come on cannot say here on the floor of the HMOs; and patients have lost their the one hand and spend all of it on a House of Representatives, people stood lives because of it. tax cut before we get into the priority up and clapped and applauded in that Here are some real-life examples. spending and we have to get honesty in movie theater. I do not think I have This woman was hiking in the moun- budgeting. I think the Concord Coali- ever seen that before. tains west of Washington, D.C., in Vir- tion is on to something, as they usu- ginia. She fell off a 40-foot cliff. She ally are, because they are bipartisan in b 1900 fractured her skull. She broke her arm. nature. They avoid the partisan rhet- Mr. Speaker, that was an indication 4 She had a broken pelvis. She is laying oric that often flows around this body, years ago that there was a problem there at the bottom of this 40-foot cliff. particularly in those years divisible by with the type of care that HMOs were Fortunately, her boyfriend had a cel- two. delivering. Then, Mr. Speaker, we lular phone. So they flew in a heli- Let me just say kind of in conclu- began to see the problems that patients copter. They strapped her on, flew her sion, I believe the gentleman from were having with HMOs captured in po- to the emergency room. She was in the Iowa (Mr. GANSKE) is here and I do not litical cartoons. Things like cartoons ICU, there for weeks on intravenous want to take the entire hour today. I in the New Yorker Magazine. Here was morphine for the pain.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17865 And then a funny thing happened, Unfortunately, that authorized hos- that health plan is liable for is the when she finally got out of the hos- pital was more than 60 miles away, 60 costs of his amputations. What about pital, she found out that her HMO re- miles away, clear on the other side of all the rest of his life? Is that fair? Is fused to pay the bill. Why, you ask. metropolitan Atlanta, Georgia. En that just? I do not think so. Neither Well, the HMO said that she did not route mom and dad passed three emer- does the Federal judicial, neither do phone ahead for prior authorization. gency rooms that they could have the Federal judges whose hands are Now, I ask you something, this lady’s stopped at. tied, because of this law called ERISA. name is Jackie, how was Jackie sup- They knew Jimmy was sick. They Judge Gorton in Turner v. Fallon posed to know that she was going to were not medical professionals. They Community Health Plan said even fall off that cliff, then maybe when she did not stop because they knew if they more disturbing to this court is the is lying at the bottom of that cliff did it without authorization, they failure of Congress to amend a statute semicomatose she is supposed to have would be left with a bill. Unfortu- that, due to the changing realities of the presence of mind with her non- nately, before they got to the author- the modern health care system, has broken arm to reach into her coat ized hospital, Jimmy had a cardiac ar- gone conspicuously awry from its origi- pocket and pull out a cellular phone rest. Imagine you holding little Jimmy nal intent. and dial an 1–800 HMO number and say trying to keep him alive while you are I have had Federal judges tell me, I just fell off a 40-foot cliff, I need to go trying to find that distant emergency beg me to change that Federal law; number one, they think that these to an emergency room, is that okay? room. Finally, when they pull in to the types of medical malpractice decisions Maybe when she is in the ICU for a hospital emergency room, mom throws should be handled in the State courts, week on intravenous morphine, she is open the door, leaps out, screaming, like they are for anyone else. Number supposed to have the presence of mind help my baby, help my baby, a nurse two, they realized that because of pro- comes running out, resuscitated to phone the HMO? Real life story. visions in that law, they cannot even How about this woman in the center? Jimmy. address the issue of the health plan de- This woman’s case was profiled on a They put in lines. They give him fining medical necessity in any way medicines. They get him going. They cover story on Time magazine 2 years they want to. ago, maybe it was 3 years ago now. Her save his life. Unfortunately, because of What does that mean? Well, under HMO denied her medically necessary that delay in medically necessary the ERISA law, a health plan can write care, and she died. Now, her little boy treatment, they cannot save all of a contract for the employees that basi- and her little girl do not have a mother Jimmy because gangrene sets in in his cally says we are not liable for any- and her husband does not have a wife. hands and his feet, and little Jimmy’s thing if we follow our own definition of Before coming to Congress, I was a hands and his legs have to be ampu- what we consider to be medically nec- reconstructive surgeon. I took care of tated. That HMO made a medical deci- essary. So they can write a provision in babies that were born with this type of sion, instead of saying it sounds like he the contract for an employee, for you, birth defect, a cleft lip and a cleft pal- is sick, take him to the nearest emer- that would basically say we define ate. Do you know that more than 50 gency room, it is okay with us, we will medical necessity as the cheapest, percent of the surgeons who repair pay for it. They said, no, no, we only least expensive care, quote, unquote, as these types of birth defects have had authorize you going to that far away determined by us. HMOs deny operations for repairs re- hospital. That means that for this little boy lated to this defect, because HMOs Mr. Speaker, little Jimmy is going to who was born with a cleft lip and pal- have said that that is a ‘‘cosmetic de- live all the rest of his life with bilat- ate, instead of the traditional and opti- fect’’? eral hooks for hands, with protheses mal treatment of surgical correction Just imagine that you were the par- for legs. He is about 7 years old now. In utilizing the baby’s own tissues to re- ents of a baby born with this defect, fact, I brought him to the floor of this build the defect, that HMO could say number one, the baby is not going to House of Representatives during our well, under our definition of the cheap- learn how to speak normally, because debate on patient protection legisla- est least expensive care, you know, just there is a hole in the roof of the mouth. tion almost a year ago, and he is a in the roof of his mouth, that big hole Food is going to come out of the nose. great kid. He is doing good. He has got there, just put like an upper denture Is that a cosmetic problem? Is speech a good folks, but I will tell you what, he plate. cosmetic problem? Not that I ever is never going to play basketball, and b 1915 heard of. I happen to think it is a he is never going to touch with his It is called an obturator, made of human right. It is a devine right to hand the cheek of the woman that he plastic. Of course, a baby like this, it look human, and I think it is just abso- loves, and that HMO should be respon- might fall out, it might even be swal- lutely wrong for HMOs to do what they sible for that decision. lowed. So what? We can do that, be- Unfortunately, there is a Federal do to kids who are born with birth de- cause we defined it, medically nec- law, a 25-year-old Federal law called fects, many times worse than this. essary care, as the cheapest, least ex- Let me tell you about this little baby the Employee Retirement Income Se- pensive care. I think that is wrong. boy. His name is James. When he was 6 curity Act. It was really written to be That is why judges are saying, they are months old, about 3:00 in the morning, a pension law, but it was applied to begging Congress, please, please, his mother found that he was really health plans. And what it did was it change that law. Our hands are tied. sick, and he had a temperature of took away oversight of health insur- Well, here we are, as I said before, al- about 105. She asked her husband what ance from the States for people who most a year since we passed in this they should do, and they said well, we get their insurance through their em- House a bipartisan vote, 275 to 151, the better phone that HMO that we belong ployer, and it did not institute any of Norwood-Dingell-Ganske Bipartisan to. They phoned the 1–800 number the safeguards for quality control to Consensus Managed Care Reform Act, a talked to a member a thousand miles prevent the types of problems like lit- real patient protection act. It has been away, explained how sick their baby tle Jimmy had, that your State insur- almost a year. And I will tell you what, was, and that voice at the end of the ance commissioners normally do. It the public’s opinion has not changed line, who never examined this baby to left a vacuum. one bit about HMOs. see how sick he was, said, well, I will Furthermore, it said that the only li- Today in USA Today they quote from authorize you to go to an emergency ability that that health plan would a Gallop organization poll a list of oc- room, but we only have a contract with have would be the cost of treatment de- cupations or organizations that people one, so we are only going to let you go nied, the cost of treatment denied. say they have a great deal of or quite to that one, that is it. That means that if little Jimmy is in a lot of confidence in those institu- Well, mom and dad are not medical an employer-sponsored health plan, a tions. At the top of the list is the mili- professionals, so they hop in the car. self-insured plan, the only thing that tary; 64 percent of the public have a

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17866 CONGRESSIONAL RECORD—HOUSE September 13, 2000 great deal of confidence in the mili- bring some Republican Senators on draft says employers may not be held tary. Organized religion, 5 percent of board. liable unless they ‘‘directly partici- the public; the police, 54 percent; the We have had positive responses from pate’’ in a decision to deny benefits as Supreme Court, 47 percent. a number of Republican Senators, in- a result of which a patient was injured Then we get down toward the bottom cluding those who have previously or killed. Even then defendants could of the institutions. Congress is down voted against the Norwood-Dingell bill, not be required to pay punitive dam- here at 24 percent. The criminal justice as well as those who have voted for the ages unless they showed ‘‘willful or system, 24 percent. This probably re- Norwood-Dingell bill. We remain opti- wanton disregard for the rights or safe- flects all of the news stories on the mistic that we may soon have an op- ty’’ of patients. death penalty lately. But right at the portunity to break this logjam. Another concern about the Norwood- very bottom of this, of institutions This discussion draft, which we have Dingell-Ganske bill was whether it that the public respects, only 16 per- provided to the Speaker of the House would affect the ability of health plans cent of the public thinks HMOs are de- along with the actual legislative lan- to maintain uniformity in different serving of respect, only 16 percent. guage in detail, does many things. It States. This new draft only subjects In fact, overwhelmingly, the public includes many of the protections near- plans to State law when they make thinks that Congress should pass and ly all parties need to be addressed, in- medical decisions that result in harm. the President should sign a real patient cluding the right to choose your own This discussion draft will allow Repub- protection law, one that would do doctor, protections against gag clauses, lican Senators who have voted against many things: one that would cover all access to specialists, such as pediatri- the original Norwood-Dingell bill to Americans; one that would allow doc- cians and obstetricians and gyne- vote for a real patient protection bill. tors to make medical decisions; one cologists, access to emergency care, so Will they take up this opportunity? that would hold those HMOs account- we can prevent something from hap- Stay tuned. But time is running out. able for their decisions; one that would pening like happened to poor little People are waiting to see whether this guarantee minimum health plan stand- Jimmy, and access to information Congress will actually deal with one of ards; one that would allow you to ap- about the HMO’s plan. the major health concerns that the peal a decision to an independent re- This discussion draft applies the pa- public has. Eighty-five percent-plus of view panel if an HMO denies your care; tient protections to all plans, including the public thinks Congress should pass and one that would have that inde- ERISA plans, non-Federal Govern- patient protection legislation to pro- pendent panel make that determina- mental plans, and those covering indi- tect them from HMO abuses, 85 per- tion of medical necessity, not some viduals. So we cover over 190 million cent. About 75 percent think that that bogus definition by the health plan. Americans. This new draft addresses should include legal responsibility for These are all things that were in our the concerns of those who want to pro- the HMOs. bill, the Norwood-Dingell-Ganske bill, tect States’ rights by allowing States If this bill, this discussion draft, is that we passed. to demonstrate that their insurance ignored, then I am sure we are going to Well, the Senate passed a bill too; laws are at least substantially equiva- see this as one of the major issues in and, unfortunately, to be honest, I lent to the new Federal standards, the coming election, and we should, would have to characterize that Sen- thereby leaving the State law in effect. and we should. We have been working ate-passed bill as an HMO protection State officials could enforce the pa- on this legislation now, the gentleman bill, an HMO protection bill, because it tient protections of State law. The Sec- from Georgia (Mr. NORWOOD), the gen- actually, in my opinion, had provisions retary of Labor and Health and Human tleman from Michigan (Mr. DINGELL), that were worse than the current situa- Services can approve the State plan or SENATOR KENNEDY and others, for tion, that gave additional protections challenge it on grounds that it is inad- about 4 years. to health maintenance organizations, equate. When I am back home in the district rather than additional protections to Under the new draft, doctors will people say, why is it taking you so long patients. make medical decisions involving med- to get something passed that the public After the House passed its bill and ical necessity. When a plan denies cov- overwhelmingly wants? I tell them we the Senate passed its bill, it went to erage, the patient has the ability to are fighting a very, very powerful in- conference to iron out differences be- pursue an independent review of the de- dustry that has spent $100 million lob- tween the bills, and that conference cision from a panel independent of the bying against this piece of legislation, has not met in months. It is a failed HMO. This external review is composed some very, very powerful Washington conference, nothing has come out of it, of medical professionals totally inde- special interests, who are seeking to, in so it is time to move; it is time to try pendent of the plan and whose final my opinion, make sure that their bot- something different. medical necessity decision is legally tom line profits come ahead of patient In an effort to get patient protection binding on the plan. protections. legislation signed into law, the gen- We took the lead from the Nation’s Well, we will see whether we get this tleman from Georgia (Mr. NORWOOD), courts with particular attention given done. There are not too many more the gentleman from Michigan (Mr. DIN- to the Supreme Court’s decision in weeks when I will be able to come to GELL), myself, and Senator KENNEDY Pegram v. Hedrick. The new draft re- the floor and speak about this issue, have created a new discussion draft of flects emerging judicial consensus. Re- but as long as we are in session for the the House-passed bill, the Norwood- cent court decisions have suggested in- rest of this year, I will try to get an op- Dingell-Ganske bill, that seeks com- jured patients can hold health plans ac- portunity to inform my colleagues on promise with Senator NICKLES’ amend- countable in State court in disputes where we stand. But I wanted my col- ment; and some of the ideas of the over the quality of medical care, those leagues on both sides of the aisle to House substitute bills from last year involving medical necessity decisions. know that the Republicans and the that did not pass. However, patients would have to hold Democrats who truly want a real pa- We continue to think the original health plans accountable in Federal tient protection piece of legislation are Norwood-Dingell-Ganske bill is just court if they wanted to challenge an working together. fine and should be signed into law, but administrative decision to deny bene- We have never said, along with the we are willing to be flexible in order to fits or coverage or for any decision not 300-plus consumer groups and profes- get a law, in order to get action in the involving medical necessity. sional groups that think that this leg- Senate. We and the American Medical In addition to specific legislative pro- islation should pass too, we have never Association and over 300 health care visions, the discussion draft, this dis- said it has to be the Norwood-Dingell- groups who supported last year’s cussion draft, answers continuing ques- Ganske bill word for word. That is why House-passed bill have developed this tions about the original Norwood-Din- we have come up with this discussion discussion draft to see if it would help gell-Ganske bill. For instance, the draft. That is why the language for

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 September 13, 2000 CONGRESSIONAL RECORD—HOUSE 17867 many of these provisions is taken from not have a hospital in that small town, Mr. Speaker, this brings us directly the Nickles amendment, the Coburn- it is hard to keep doctors in the town. to the issue of prescription drug cov- Shadegg amendment and others, at If we do not have a hospital and doc- erage. Because what this is saying is least half of the language. We have tors in that town, it is hard to keep that number one, the Medicare HMOs made some adjustments to correct businesses in that town, and it is al- have been skimming off the healthier some of the defects as we see it in some most impossible to convince any other beneficiaries so that they would have of those provisions, but we have been business development in that commu- lower costs. That way they make more willing to work towards a compromise nity. So we are talking about not only money on covering those. They are get- to finally get this signed into law. We an issue of public health, but we are ting paid more for those Medicare are this close. It would be a shame for also talking about an issue of economic beneficiaries than if those beneficiaries the leadership of Congress to hold this survival. were simply in the regular Medicare important piece of legislation up. My committee, the Committee on plan. With those excess profits, what As a physician who has taken care of Commerce, is in the process, along they do is they can entice other patients who have had a lot of troubles with the Committee on Ways and healthier seniors into it by offering a with HMOs, I have been on the front Means, of drawing up a bill to bring prescription drug benefit. I think as we line; and I have seen that we truly need some additional funds back into Medi- consider whether and how Congress this type of legislation. care. I am working hard to ensure that should implement a prescription drug This is not a piece of legislation for we get some additional funding for benefit, we need to take into account physicians. In fact, there are provisions those small towns and rural hospitals this GAO report that documents that in our bill that could actually decrease in Iowa and in other areas around the we have actually lost money with our physician income. Nevertheless, the country. There will be discussion on Medicare HMOs, rather than saved professional groups support this. Why? whether we should provide additional money with our Medicare HMOs. Because their first and foremost job is payments to Medicare HMOs. I think So when we look at this Medicare to stand up for and to advocate for we need to be careful on doing that. give-back bill that is coming along and their patients. That is why they take Mr. Speaker, I have here a Report to will be signed into law, passed and that Hippocratic Oath. Congressional Requesters from the signed into law, I am pretty sure, I United States General Accounting Of- b 1930 think we ought to be very careful and fice on Medicare Plus Choice. It is En- judicious about providing more money The patient-doctor relationship is titled Payments Exceed Cost of Fee- to those Medicare HMOs. We ought to foremost. HMOs have interposed them- for-Service Benefits, Adding Billions to be looking, in my opinion, at ways to Spending, and it is dated August 2000, selves between the doctor and the pa- provide pharmaceutical coverage, a and it was requested by Senator GRASS- tient. Quite frankly, they have put a fi- prescription drug benefit for Medicare LEY, by Senator ROTH, by the gen- nancial consideration rather than the beneficiaries, regardless of whether tleman from Michigan (Mr. DINGELL), patient’s best care into that decision- they live in New York or Los Angeles and by the gentleman from California making. Mr. Speaker, we need to swing or Miami or Harlan, Iowa. That benefit (Mr. THOMAS). I think it is really im- that pendulum back. I think should be equally available, re- portant for me to read the summary, Now, this brings me, finally, and I gardless of where one lives in this just would like my colleagues from the the results, in brief: ‘‘Medicare Plus Choice,’’ this is a country. If we dump additional billions other side to know that I only have a into a failed HMO program called Medi- few more minutes in which to speak; quote from this GAO report: Like its predecessor managed care pro- care Plus Choice, then I think we will this brings me to another health care be throwing money down the drain. issue, and that is that when we passed gram, has not been successful in achieving Medicare savings. Medicare Plus Choice So clearly, this will be a package of the Balanced Budget Act in 1997, we plans attracted a disproportionate selection provisions, and I absolutely feel that it passed several provisions on reducing of healthier and less expensive beneficiaries is important to support provisions for the rate of growth in Medicare. The im- relative to traditional fee-for-service Medi- additional coverage for our rural hos- plementation of those provisions has care, a phenomenon known as favorable se- pitals, for example, but I will also do actually produced significantly more lection, while payment rates largely con- my best to try to make sure that we do tinue to reflect the expected fee-for-service savings than we planned on, and those not go overboard with providing addi- savings have had a significantly harm- costs of beneficiaries in average health. Con- sequently, in 1998, we estimated that the pro- tional funds to Medicare HMOs, when ful effect on some of the provider gram spent about $3.2 billion or 13.2 percent this report from the GAO shows that groups. more on health plan enrollees than if they even with the implementation of a new Mr. Speaker, I just finished a series had received services through traditional risk adjuster, we will still only take of town hall meetings around my dis- fee-for-service Medicare. This year, the care of 50 percent of the excess pay- trict. I represent Des Moines, which is Health Care Financing Administration im- ments. a major metropolitan suburban area, plemented a new methodology to adjust pay- Well, Mr. Speaker, I very much ap- but I also represent southwest rural ments for beneficiary health status. How- ever, our results suggest that this new meth- preciate the opportunity to speak to- Iowa. There are a lot of small town odology, which will be phased in over several night on health care issues, and I look county hospitals in my district. Be- years, may ultimately remove less than half forward to working with my leadership cause of certain provisions from the of the excess payments caused by favorable and with members on both sides of the Balanced Budget Act with reduced pay- selection. In addition, the combination of aisle to try to get adjustments made ments to those hospitals, those hos- spending forecast errors built into the plan for Medicare for our rural hospitals and pitals are having a real hard time and payment rates and the Balanced Budget Act to get finally signed into law a real pa- are right on the verge of financial in- payment provisions cost an additional $2 bil- lion, or 8 percent in excess payments to tient protection bill modeled along the solvency. plans instead of paying less for health plan lines of what we passed here in the I grew up in a small town in north- enrollees. We estimate that aggregate pay- House almost a year ago, the Norwood- east Iowa. I know how important it is ments to Medicare Plus Choice plans in 1998 Dingell-Ganske bipartisan consensus that a small town have a hospital. It is were about $5.2 billion, or approximately Managed Care Reform Act. $1,000 per enrollees more than if the plan’s important for a number of reasons. It f is important for the people who live in enrollees had received care in the traditional that town or the farm families around fee-for-service program. It is largely these LEAVE OF ABSENCE it so that they do not have to travel 70 excess payments, and not managed care effi- By unanimous consent, leave of ab- ciencies, that enable plans to attract bene- or 80 miles if they have a heart attack ficiaries by offering a benefit package that is sence was granted to: or if they want to deliver a baby, but it more comprehensive than the one available Mr. GILCHREST (at the request of Mr. is also very important to the financial to fee-for-service beneficiaries while charg- ARMEY) for today on account of family survival of that small town. If we do ing modest or no premiums. matters.

VerDate Aug 04 2004 14:17 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR00\H13SE0.002 H13SE0 17868 CONGRESSIONAL RECORD—HOUSE September 13, 2000 SPECIAL ORDERS GRANTED Inspection Service, Department of Agri- Commerce, transmitting the Department’s culture, transmitting the Department’s final final rule—Fisheries of the Exclusive Eco- By unanimous consent, permission to rule—Pink Bollworm Regulated Areas nomic Zone Off Alaska; Pollock in Statis- address the House, following the legis- [Docket No. 00–009–2] received September tical Area 630 of the Gulf Alaska [Docket No. lative program and any special orders 1,2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 000211039–0039–01; I.D. 082900A] received Sep- heretofore entered, was granted to: the Committee on Agriculture. tember 7, 2000, pursuant to 5 U.S.C. (The following Members (at the re- 9990. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Resources. quest of Mr. MCNULTY) to revise and ment of Defense, transmitting a report on 10000. A letter from the Acting Director, extend their remarks and include ex- the approved retirement and advancement Office of Sustainable Fisheries, Department traneous material:) grade of Admiral Donald L. Pilling, United of Commerce, transmitting the Department’s States Navy; to the Committee on Armed final rule—Fisheries of the Exclusive Eco- Mr. HOLT, for 5 minutes, today. Services. nomic Zone Off Alaska; Other Red Rockfish Ms. NORTON, for 5 minutes, today. 9991. A letter from the Director, Regula- in the Bering Sea Subarea of the Bering Sea Mr. BROWN of Ohio, for 5 minutes, tions Policy and Management Staff, FDA, and Aleutian Islands Management Area today. Department of Health and Human Services, [Docket No. 000211040–0040–01; I.D. 082800B] Mr. INSLEE, for 5 minutes, today. transmitting the Department’s final rule— received September 7, 2000, pursuant to 5 Mr. PASCRELL, for 5 minutes, today. Biological Products Regulated Under Sec- U.S.C. 801(a)(1)(A); to the Committee on Re- Mr. PALLONE, for 5 minutes, today. tion 351 of the Public Health Service Act; sources. Implementation of Biologics License; Elimi- Ms. KAPTUR, for 5 minutes, today. 10001. A letter from the Acting Assistant nation of Establishment License and Product Secretary, U.S. Fish and Wildlife Service, Mr. GREEN of Texas, for 5 minutes, License; Technical Amendment [Docket No. today. Department of Interior, transmitting the De- 98N–0144] received September 1, 2000, pursu- partment’s final rule—Migratory Bird Hunt- Mr. FARR of California, for 5 minutes, ant to 5 U.S.C. 801(a)(1)(A); to the Committee ing; Migratory Bird Hunting Regulations on today. on Commerce. Certain Federal Indian Reservations and (The following Members (at the re- 9992. A letter from the Director, Regula- Ceded Lands for the 2000–01 Early Season quest of Mr. DUNCAN) to revise and ex- tions Policy and Management Staff, FDA, (RIN 1018–AG08) received August 31, 2000, tend their remarks and include extra- Department of Health and Human Services, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- neous material:) transmitting the Department’s final rule— mittee on Resources. Indirect Food Additives: Adjuvants, Produc- 10002. A letter from the Acting Director, Mr. MCCOLLUM, for 5 minutes, today tion Aids, and Sanitizers [Docket No. 99F– Office of Sustainable Fisheries, National and September 19 and 20. 0127] received September 1, 2000, pursuant to Oceanic and Atmospheric Administration, Mr. DUNCAN, for 5 minutes, today. 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Administration’s final ILBRAY Commerce. Mr. B , for 5 minutes, today. rule—Fisheries of the Exclusive Economic 9993. A letter from the Director, Regula- f Zone Off Alaska; Species in the Rock sole / tions Policy and Management Staff, FDA, Flathead sole / ‘‘Other flatfish’’ Fishery Cat- SENATE ENROLLED BILLS SIGNED Department of Health and Human Services, egory by Vessels Using Trawl Gear in the transmitting the Department’s final rule— The SPEAKER announced his signa- Bering Sea and Aleutian Islands Manage- Indirect Food Additives: Polymers [Docket ture to enrolled bills of the Senate of ment Area [Docket No. 000211040–0040–01; I.D. No. 98F–0484] received September 1, 2000, pur- 082500A] received September 1, 2000, pursuant the following titles: suant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on S. 1027. An act to reauthorize the partici- mittee on Commerce. Resources. pation of the Bureau of Reclamation in the 9994. A letter from the Director, Regula- Deschutes Resources Conservancy, and for tions Policy and Management Staff, FDA, 10003. A letter from the Acting Director, other purposes. Department of Health and Human Services, Office of Sustainable Fisheries, National S. 1117. An act to establish the Corinth transmitting the Department’s final rule— Oceanic Atmospheric Administration, trans- Unit of Shiloh National Military Park, in Amendment of Various Device Regulations mitting the Administration’s final rule— the vicinity of the city of Corinth, Mis- to Reflect Current American Society for Fisheries of the Exclusive Economic Zone sissippi, and in the State of Tennessee, and Testing and Materials Citations, Confirma- Off Alaska; Pollock in Statistical Area 630 of for other purposes. tion In Part and Technical Amendment; Cor- the Gulf of Alaska [Docket No. 000211039– S. 1937. An act to amend the Pacific North- rection [Docket No. 99N–4955] received Sep- 0039–01; I.D. 082900A] received September 7, west Electric Power Planning and Conserva- tember 1, 2000, pursuant to 5 U.S.C. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion Act to provide for sales of electricity by 801(a)(1)(A); to the Committee on Commerce. Committee on Resources. the Bonneville Power Administration to 9995. A letter from the Deputy Associate 10004. A letter from the Acting Director, joint operating entities. Administration, Environmental Protection Office of Sustainable Fisheries, National Oceanic Atmospheric Administration, Na- f Agency, transmitting the Agency’s final rule—National Emission Standards for Halo- tional Marine Fisheries Service, transmit- ADJOURNMENT genated Solvent Cleaning received Sep- ting the Administration’s final rule—Fish- Mr. GANSKE. Mr. Speaker, I move tember 1, 2000, pursuant to 5 U.S.C. eries of the Northeastern United States; At- 801(a)(1)(A); to the Committee on Commerce. lantic MACKerel, Squid, and Butterfish Fish- that the House do now adjourn. eries; Closure of Fishery for Loligo Squid— The motion was agreed to; accord- 9996. A letter from the Director Regula- tions Policy and Management Staff, Federal received September 7, 2000, pursuant to 5 ingly (at 7 o’clock and 40 minutes Drug Administration, transmitting the U.S.C. 801(a)(1)(A); to the Committee on Re- p.m.), under its previous order, the Agency’s final rule—Topical Antifungal Drug sources. House adjourned until tomorrow, Sep- Products for Over-the-Counter Human Use; 10005. A letter from the Program Analyst, tember 14, 2000, at 9 a.m. Amendment of Final Monograph [Docket No. FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- f 99N–1819] (RIN: 0910–AA01) received Sep- tember 1, 2000, pursuant to 5 U.S.C. worthiness Directives; Boeing Model 777–200 EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Commerce. Series Airplanes [Docket No. 97–NM–260–AD; ETC. 9997. A letter from the Assistant Secretary Amendment 39–11873; AD 2000–16–16] (RIN: 2120–AA64) received August 31, 2000, pursuant Under clause 8 of rule XII, executive for Legislative Affairs, Department of State, transmitting the Department’s report pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on communications were taken from the ant to title VIII of Publc Law 101–246, the Transportation and Infrastructure. Speaker’s table and referred as follows: Foreign Relations Authorization Act, as 10006. A letter from the Program Analyst, 9988. A letter from the Administrator, amended; to the Committee on International FAA, Department of Transportation, trans- Food and Nutrition Service, Department of Relations. mitting the Department’s final rule—Air- Agriculture, transmitting the Department’s 9998. A letter from the Chair and Ranking worthiness Directives; McDonnell Douglas final rule—Food Stamp Program: Electronic Member, OSCE Congressional Delegation, Model DC–10–10, -15, -30, -30F, (KC–10A Mili- Benefit Transfer (EBT) Systems Interoper- transmitting a report on the Bucharest Dec- tary), and -40 Series Airplanes; and Model ability and Portability (RIN:0584–AC91) re- laration of the Organization for Security and MD–10–10F and MD–10–30F Series Airplanes ceived September 7, 2000, pursuant to 5 Cooperation in Europe Parliamentary As- [Docket No. 2000–NM–50–AD; Amendment 39– U.S.C. 801(a)(1)(A); to the Committee on Ag- sembly; to the Committee on International 11866; AD 2000–16–10] (RIN: 2120–AA64) re- riculture. Relations. ceived August 31, 2000, pursuant to 5 U.S.C. 9989. A letter from the Congressional Re- 9999. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- view Coordinator, Animal and Plant Health fice of Sustainable Fisheries, Department of tation and Infrastructure.

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10007. A letter from the Program Analyst, rule—Request for Statement of Qualifica- BOUCHER, Mr. WHITFIELD, Mr. GREEN FAA, Department of Transportation, trans- tions (RFQ) for Administrative, Technical of Texas, Mr. ROGAN, Mr. WAXMAN, mitting the Department’s final rule—Air- and Scientific Support to the Chesapeake Mr. BILBRAY, Mr. FOSSELLA, Mr. GOR- worthiness Directives; Airbus Model A330 Bay Program; Fiscal Years 2001–2006—re- DON, Ms. DEGETTE, Mr. LUTHER, Ms. and A340 Series Airplanes [Docket No. 2000– ceived September 1, 2000, pursuant to 5 ESHOO, and Ms. MCCARTHY of Mis- NM–62–AD; Amendment 39–11867; AD 2000–16– U.S.C. 801(a)(1)(A); to the Committee on souri): 11] (RIN: 2120–AA64) received August 31, 2000, Transportation and Infrastructure. H.R. 5164. A bill to amend title 49, United pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10016. A letter from the Associate Adminis- States Code, to require reports concerning mittee on Transportation and Infrastruc- trator for Procurement, National Aero- defects in motor vehicles or tires or other ture. nautics and Space Administration, transmit- motor vehicle equipment in foreign coun- 10008. A letter from the Program Analyst, ting the Administration’s final rule—Prop- tries, and for other purposes; to the Com- FAA, Department of Transportation, trans- erty Reporting Requirements—received Sep- mittee on Commerce. mitting the Department’s final rule—Air- tember 7, 2000, pursuant to 5 U.S.C. By Mr. BLUMENAUER (for himself, worthiness Directives; British Aerospace 801(a)(1)(A); to the Committee on Science. Mrs. CHRISTENSEN, Ms. DELAURO, Mr. HP137 Mkl, Jetstream Series 200, and Jet- 10017. A letter from the Associate Adminis- FARR of California, Mr. KUCINICH, Mr. stream Models 3101 and 3201 Airplanes [Dock- trator for Procurement, National Aero- MCGOVERN, Mr. PALLONE, Mrs. JONES et No. 98–CE–117–AD; Amendment 39–11870; nautics and Space Administration, transmit- of Ohio, Mr. WEYGAND, and Mr. AD 2000–16–13] (RIN: 2120–AA64) received Au- ting the Administration’s final rule—Insur- HOEFFEL): gust 31, 2000, pursuant to 5 U.S.C. ance—Partial or Total Immunity from Tort H.R. 5165. A bill to assist States with land 801(a)(1)(A); to the Committee on Transpor- Liability for State Agencies and Charitable use planning in order to promote improved tation and Infrastructure. Institutions—received September 7, 2000, quality of life, regionalism, sustainable eco- 10009. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- nomic development, and environmental mittee on Science. FAA, Department of Transportation, trans- stewardship, and for other purposes; to the 10018. A letter from the Chief, Regulations Committee on Resources, and in addition to mitting the Department’s final rule—Air- Unit, Internal Revenue Service, transmitting the Committees on Banking and Financial worthiness Directives; Wytornia Sprzetu the Service’s final rule—Definition of a Services, and Agriculture, for a period to be Model PZL–104 Wilga 80 Airplanes [Docket Qualified Interest in a Grantor Retained An- subsequently determined by the Speaker, in No. 2000–CE–52–AD; Amendment 39–118969; nuity Trust and a Grantor Retained Unitrust each case for consideration of such provi- AD 2000–16–51] (RIN: 2120–AA64) received Au- [TD 8899] (RIN: 1545–AW25) received Sep- sions as fall within the jurisdiction of the gust 31, 2000, pursuant to 5 U.S.C. tember 5, 2000, pursuant to 5 U.S.C. committee concerned. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Ways and By Ms. SCHAKOWSKY (for herself, Mr. tation and Infrastructure. Means. RUSH, Mr. BLAGOJEVICH, Mrs. MCCAR- 10010. A letter from the Program Analyst, THY of New York, Mr. WAXMAN, and FAA, Department of Transportation, trans- f Mr. FROST): mitting the Department’s final rule—Air- REPORTS OF COMMITTEES ON H.R. 5166. A bill to amend titles XVIII and worthiness Directives; Boeing Model 767–200, PUBLIC BILLS AND RESOLUTIONS XIX of the Social Security Act to impose re- -300, and -300F Series Airplanes [Docket No. Under clause 2 of rule XIII, reports of quirements with respect to staffing in nurs- 99–NM–54–AD; Amendment 39–11871; AD 2000– ing facilities receiving Medicare or Medicaid 16–14] (RIN: 2120–AA64) received August 31, committees were delivered to the Clerk funding; referred to the Committee on Ways 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the for printing and reference to the proper and Means, and in addition to the Committee Committee on Transportation and Infra- calendar, as follows: on Commerce, for a period to be subse- structure. Mr. ARCHER: Committee on Ways and quently determined by the Speaker, in each 10011. A letter from the Program Analyst, Means. H.R. 4986. A bill to amend the Inter- case for consideration of such provisions as FAA, Department of Transportation, trans- nal Revenue Code of 1986 to repeal the provi- fall within the jurisdiction of the committee mitting the Department’s final rule—Air- sions relating to foreign sales corporations concerned. worthiness Directives; Bombardier Model (FSCs) and to exclude extraterritorial in- By Mrs. CAPPS: DHC–7–100, and DHC–8–100, -200, and -300 Se- come from gross income; with an amendment H.R. 5167. A bill to amend title 38, United ries Airplanes [Docket No. 2000–NM–90–AD; (Rept. 106–845). Referred to the Committee of States Code, to protect ratings of service- Amendment 39–11857; AD 2000–16–03] (RIN: the Whole House on the State of the Union. connection for certain presumptive disabil- 2120–AA64) received August 31, 2000, pursuant ities of Persian Gulf War veterans partici- f to 5 U.S.C. 801(a)(1)(A); to the Committee on pating in Department of Veterans Affairs Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS health study; to the Committee on Veterans’ Affairs. 10012. A letter from the Program Analyst, Under clause 2 of rule XII, public FAA, Department of Transportation, trans- By Mr. FROST: mitting the Department’s final rule—Air- bills and resolutions of the following H.R. 5168. A bill to amend the Public worthiness Directives; Saab Model SAAB titles were introduced and severally re- Health Service Act with respect to the com- 340B Series Airplanes [Docket No. 2000–NM– ferred, as follows: pensation rules under the National Vaccine Injury Compensation Program for vaccines 225–AD; Amendment 39–11872; AD 2000–16–15] By Mr. MCGOVERN (for himself, Mr. administered before the effective date of (RIN: 2120–AA64) received August 31, 2000, PETERSON of Pennsylvania, Mr. HILL- such program; to the Committee on Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- IARD, Mr. WATKINS, Mr. JEFFERSON, merce. mittee on Transportation and Infrastruc- Mr. ENGLISH, Mr. MCINTOSH, Mrs. By Mr. LAHOOD (for himself and Mr. ture. THURMAN, Mr. HILLEARY, Mr. GOODLATTE): 10013. A letter from the Program Analyst, WEYGAND, Mr. SANDERS, Mr. COOK, H.R. 5169. A bill to reenact the United FAA, Department of Transportation, trans- Mr. RAHALL, Mr. TIERNEY, Mr. MOAK- States Warehouse Act to require the licens- mitting the Department’s final rule—Air- LEY, Mr. WAMP, Mr. POMEROY, Mr. ing and inspection of warehouses and other worthiness Directives; Airbus Industrie CONYERS, Mr. GOODE, Mr. DICKEY, Mr. structures used to store agricultural prod- Model A300 B2 and B4 Series Airplanes DOYLE, Mr. FRANK of Massachusetts, ucts, to provide for the issuance of receipts, [Docket No. 97–NM–184–AD; Amendment 39– Mr. NEY, Ms. MILLENDER-MCDONALD, including electronic receipts, for agricul- 11862; AD 2000–16–07] (RIN: 2120–AA64) re- Mr. ROMERO-BARCELO, Mr. FROST, Mr. tural products stored or handled in licensed ceived August 31, 2000, pursuant to 5 U.S.C. KIND, Mr. BALDACCI, Mr. OLVER, Mr. warehouses, and for other purposes; to the 801(a)(1)(A); to the Committee on Transpor- MURTHA, Mr. GOODLING, and Mr. Committee on Agriculture. tation and Infrastructure. ALLEN): By Ms. MILLENDER-MCDONALD: 10014. A letter from the Program Analyst, H.R. 5163. A bill to amend title XVIII of the H.R. 5170. A bill to amend the Internal Rev- FAA, Department of Transportation, trans- Social Security Act with respect to pay- enue Code of 1986 to reduce the marriage pen- mitting the Department’s final rule—Air- ments made under the prospective payment alty by providing for adjustments to the worthiness Directives; Boeing Model 737–100. system for home health services furnished standard deduction and the earned income -200, and -200C Series Airplanes [Docket No. under the Medicare Program; referred to the credit and to repeal the reduction of the re- 2000–NM–183–AD; Amendment 39–11844; AD Committee on Ways and Means, and in addi- fundable tax credits; to the Committee on 2000–15–12] (RIN: 2120–AA64) received August tion to the Committee on Commerce, for a Ways and Means. 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to period to be subsequently determined by the By Mr. POMEROY: the Committee on Transportation and Infra- Speaker, in each case for consideration of H.R. 5171. A bill to amend the Internal Rev- structure. such provisions as fall within the jurisdic- enue Code of 1986 to permit a husband and 10015. A letter from the Duputy Associate tion of the committee concerned. wife to file a combined return to which sepa- Administrator, Environmental Protection By Mr. UPTON (for himself, Mr. TAU- rate tax rates apply; to the Committee on Agency, transmitting the Agency’s final ZIN, Mr. MARKEY, Mrs. WILSON, Mr. Ways and Means.

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By Mr. SHAW (for himself and Mr. H.R. 601: Mr. WHITFIELD. H.R. 4673: Mr. BURR of North Carolina. KLECZKA): H.R. 700: Mr. MOORE. H.R. 4688: Mr. DICKEY, Mr. TERRY, and Mr. H.R. 5172. A bill to amend title XVIII of the H.R. 919: Mr. FATTAH and Mr. NADLER. EHLERS. Social Security Act to ensure access to dig- H.R. 925: Mr. TIERNEY. H.R. 4715: Mr. CALVERT. ital mammography through adequate pay- H.R. 1021: Mr. DOYLE. H.R. 4723: Mr. OXLEY and Mr. SANDLIN. ment under the Medicare system; referred to H.R. 1075: Ms. MCCARTHY of Missouri. H.R. 4732: Mr. LUCAS of Kentucky. the Committee on Commerce, and in addi- H.R. 1172: Mr. HORN, Mr. HALL of Texas, H.R. 4740: Mr. KLECZKA. tion to the Committee on Ways and Means, Mr. ROTHMAN, and Mr. QUINN. H.R. 4791: Mr. LOBIONDO. for a period to be subsequently determined H.R. 1303: Mr. ABERCROMBIE. H.R. 4793: Mr. HILLIARD. by the Speaker, in each case for consider- H.R. 1322: Mr. GOODLATTE and Ms. BALD- H.R. 4848: Mr. SPRATT, Mr. SCOTT, Mr. ation of such provisions as fall within the ju- WIN. WAXMAN, Mr. SANDLIN, Mr. KUCINICH, Mr. risdiction of the committee concerned. H.R. 1452: Ms. DELAURO. HOLT, and Mr. GREEN of Texas. INGE By Mr. FORBES (for himself, Ms. ROS- H.R. 1469: Mr. M . H.R. 4857: Mr. SANDLIN. H.R. 1622: Mr. BLAGOJEVICH. LEHTINEN, Mr. DEUTSCH, Mr. LANTOS, H.R. 4935: Mr. GREEN of Texas. H.R. 1684: Ms. LOFGREN. Mr. HASTINGS of Florida, Mr. H.R. 4971: Ms. DANNER, Ms. DUNN, and Mr. H.R. 1689: Ms. BROWN of Florida. PALLONE, Mr. SANDERS, Mr. BONIOR, PHELPS. H.R. 1914: Mr. RAMSTAD. Mr. FRANK of Massachusetts, Mr. H.R. 4976: Mr. HEFLEY, Mr. HINCHEY, Mr. H.R. 1946: Mr. CAMPBELL. MCGOVERN, Mr. FROST, and Mr. SANDLIN, Mr. GARY MILLER of California, Mr. H.R. 2273: Mr. BRYANT and Mr. ANDREWS. MCNULTY): FROST, Mrs. MORELLA, Ms. TAUSCHER, Mr. H.R. 2597: Mr. PITTS. H. Con. Res. 398. A concurrent resolution HOEFFEL, and Mr. BLAGOJEVICH. H.R. 2624: Mr. TIERNEY. expressing the sense of the Congress that a H.R. 4977: Mr. HINCHEY and Mr. ABER- H.R. 2655: Mrs. CUBIN. postage stamp should be issued to honor the H.R. 2738: Mr. WISE and Mr. MATSUI. CROMBIE. Jewish War Veterans of the United States of H.R. 2814: Mr. GREEN of Texas. H.R. 5005: Mrs. JOHNSON of Connecticut. America; to the Committee on Government H.R. 2819: Mr. MOORE. H.R. 5018: Mr. BLUNT and Mr. BACHUS. Reform. H.R. 2870: Mr. BACA. H.R. 5042: Mr. LATOURETTE. By Mr. GOODLING (for himself, Mr. H.R. 3004: Ms. LEE and Mr. FOLEY. H.R. 5073: Mr. SCOTT and Mr. KILDEE. MCKEON, Mr. CASTLE, Mrs. ROUKEMA, H.R. 3083: Mr. BORSKI. H.R. 5095: Mr. GEORGE MILLER of California Mr. BALLENGER, Mr. GREENWOOD, Mr. H.R. 3118: Mr. GREEN of Wisconsin. and Mr. UDALL of Colorado. MCINTOSH, Mr. NORWOOD, Mr. H.R. 3143: Ms. MCKINNEY. H.R. 5101: Ms. PELOSI, Mr. RANGEL, Mr. ISAKSON, Mr. GEORGE MILLER of Cali- H.R. 3192: Mr. WOLF and Ms. BALDWIN. JACKSON of Illinois, Mr. GUTIERREZ, Mr. CON- fornia, Mr. KILDEE, Mrs. MINK of Ha- H.R. 3266: Mr. HINCHEY, Mr. FILNER, Ms. YERS, Mr. PASCRELL, and Mr. BRADY of Penn- waii, Mr. SCOTT, Ms. PRYCE of Ohio, WOOLSEY, and Mr. TIERNEY. sylvania. Mrs. WILSON, Mr. BASS, Mr. H.R. 3275: Mrs. MINK of Hawaii. H.R. 5109: Mr. SMITH of New Jersey, Ms. BALDACCI, Mr. FRELINGHUYSEN, Ms. H.R. 3328: Ms. DELAURO. BALDWIN, Mr. REYES, Mr. OBERSTAR, Mr. BALDWIN, Mr. BEREUTER, Mrs. H.R. 3372: Mr. BALDACCI. HILL of Montana, Mrs. BROWN of Florida, Mr. BIGGERT, Mr. BILBRAY, Mr. BILIRAKIS, H.R. 3573: Mrs. CUBIN. WAMP, Mr. JONES of North Carolina, Mr. Mr. BROWN of Ohio, Mr. BURR of H.R. 3580: Mr. PETRI and Mr. YOUNG of GREEN of Texas, Mr. HAYWORTH, Mr. LAHOOD, North Carolina, Mr. ENGLISH, Ms. Alaska. Mr. SAWYER, Mr. GEKAS, Mr. LEWIS of Ken- ESHOO, Mr. EWING, Mr. FARR of Cali- H.R. 3712: Ms. DELAURO. tucky, Mr. HALL of Texas, and Mr. DEAL of fornia, Mr. FILNER, Mr. FOSSELLA, H.R. 3809: Mr. ENGEL. Georgia. Mr. FRANKS of New Jersey, Mr. GIB- H.R. 3861: Mr. BALDACCI. H.R. 5116: Mr. LAFALCE, Ms. SLAUGHTER, BONS, Mr. GUTKNECHT, Mr. HILL of H.R. 3887: Mr. NADLER and Mrs. LOWEY. Ms. MILLENDER-MCDONALD, Mr. MCNULTY, Montana, Mrs. JOHNSON of Con- H.R. 3891: Mr. NADLER. Ms. DELAURO, Mr. BALDACCI, Ms. CARSON, necticut, Mrs. KELLY, Mr. KNOLLEN- H.R. 4004: Mr. RAHALL and Mr. WU. Mr. FRANK of Massachusetts, Mr. RANGEL, BERG, Mr. LATOURETTE, Mr. H.R. 4046: Ms. PELOSI, Mr. BORSKI, and Mr. and Mr. WISE. LOBIONDO, Mr. MILLER of Florida, Mr. BERKLEY. H.R. 5132: Mrs. MINK of Hawaii, Mr. GARY MILLER of California, Mrs. H.R. 4057: Mr. LARGENT, Mr. SHERMAN, and WELLER, and Mr. GREEN of Texas. MORELLA, Mr. NUSSLE, Mr. PETERSON Ms. ESHOO. H.R. 5152: Mr. ENGLISH. of Pennsylvania, Mr. RAMSTAD, Mr. H.R. 4113: Mr. LUCAS of Kentucky and Mr. H. Con. Res. 252: Mr. RUSH. REYNOLDS, Ms. RIVERS, Mr. ROGAN, BARTON of Texas. H. Con. Res. 273: Mr. NADLER. Ms. ROS-LEHTINEN, Mr. SERRANO, Mr. H.R. 4213: Mr. LINDER and Mr. LEWIS of H. Con. Res. 362: Ms. KILPATRICK. SESSIONS, Mr. SISISKY, Mr. SHER- California. H. Con. Res. 370: Mr. ROYCE and Ms. WOOD, Mr. SKEEN, Mr. THUNE, Mr. H.R. 4239: Mr. SMITH of New Jersey, Mr. PELOSI. UDALL of New Mexico, Mr. WALSH, LATOURETTE, and Mr. COSTELLO. H. Con. Res. 384: Mr. STENHOLM and Mr. and Mr. WELDON of Pennsylvania): H.R. 4259: Mr. REYES, Mr. GEJDENSON, Mr. BURR of North Carolina. H. Con. Res. 399. A concurrent resolution GREEN of Wisconsin, Mr. PETERSON of Penn- H. Con. Res. 390: Mr. KING, Mr. UPTON, Mr. recognizing the 25th anniversary of the en- sylvania, Mr. PACKARD, Mr. OSE, Mr. MILLER GARY MILLER of California, Mr. FOSSELLA, actment of the Education for All Handi- of Florida, Mr. MICA, Mr. MARTINEZ, Mr. Mr. HILL of Montana, Mr. ORTIZ, and Mr. capped Children Act of 1975; to the Com- MCKEON, and Mr. MATSUI. CAPUANO. mittee on Education and the Workforce. H.R. 4308: Mr. WAMP and Mr. ANDREWS. H. Con. Res. 397: Mr. LANTOS and Mr. ROHR- f H.R. 4356: Mr. BORSKI. ABACHER. H.R. 4393: Mr. THOMPSON of California and H. Res. 347: Mr. GALLEGLY. ADDITIONAL SPONSORS Ms. BALDWIN. H. Res. 414: Ms. CARSON. Under clause 7 of rule XII, sponsors H.R. 4438: Mr. STUPAK. H.R. 4483: Mr. BALDACCI and Ms. WOOLSEY. were added to public bills and resolu- H.R. 4487: Mr. KUCINICH and Ms. DANNER. f tions as follows: H.R. 4543: Mr. ROYCE, Mr. BARTON of Texas, H.R. 207: Mr. NORWOOD. Mr. MCINNIS, and Mr. SMITH of Texas. PETITIONS, ETC. H.R. 284: Mr. KUCINICH, Mr. FALEOMAVAEGA, H.R. 4565: Mrs. MORELLA. Mr. MASCARA, Ms. KAPTUR, Mr. REYES, and H.R. 4567: Mrs. LOWEY. Under clause 3 of rule XII, Mr. SKELTON. H.R. 4636: Mr. BLAGOJEVICH. 112. The SPEAKER presented a petition of H.R. 303: Mr. HILL of Montana. H.R. 4664: Ms. ROS-LEHTINEN. the Legislature of Rockland County, New H.R. 534: Mrs. ROUKEMA, Mr. PAYNE, Mr. H.R. 4670: Mr. DAVIS of Virginia, Mr. TAN- York, relative to Resolution No. 490 peti- RYUN of Kansas, Mr. HASTINGS of Florida, NER, Mr. CRAMER, Mr. HALL of Texas, Mr. tioning the United States Congress to re- Mr. PALLONE, Mr. THUNE, Mr. GEPHARDT, Mr. SISISKY, Mr. SANDLIN, Mr. THOMPSON of Cali- quest the United States Immigration and COBLE, Mr. TAYLOR of North Carolina, Mr. fornia, Mr. BOYD, Mr. MOORE, Mr. MCINTYRE, Naturalization Service to reverse its deci- GILMAN, Mr. EHRLICH, and Mrs. CHENOWETH- Mr. HOLDEN, Mr. JOHN, Ms. SANCHEZ, Mr. sion and order to deport Suringder Singh; HAGE. KIND, Mr. MORAN of Virginia, Mr. LARSON, which was referred to the Committee on the H.R. 566: Mr. BALDACCI. and Mr. WU. Judiciary.

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The Senate met at 9:30 a.m. and was 11 a.m. Senators should be aware that movie industry targets the very people called to order by the President pro there are amendments currently pend- who are not supposed to be viewing tempore (Mr. THURMOND). ing to the PNTR bill and further these kinds of materials or listening to amendments are expected to be offered these kinds of materials. PRAYER during today’s session. Therefore, votes So this is a unanimous-consent re- The Chaplain, Dr. Lloyd John are expected throughout the day. quest to move this out of the Com- Ogilvie, offered the following prayer: I thank my colleagues for their at- merce Committee and to deal with this Almighty God, we claim Your prom- tention. issue on the floor promptly. This is an ise through Jeremiah, ‘‘Call on me and Mr. REID. Mr. President, at this time important issue that has been a bipar- I will show you great and mighty I ask the Chair to call regular order. tisan issue in the past. I hope my unan- things which you do not know.’’—Jere- f imous-consent request will be approved by the Democrats. miah 33:3. We press on with confidence RESERVATION OF LEADER TIME to the challenges ahead today. Irre- The PRESIDENT pro tempore. Is spective of perplexities, You are with The PRESIDENT pro tempore. Under there objection? us. The bigger the problems, the more the previous order, the leadership time Mr. REID. Reserving the right to ob- of Your power we will receive. The is reserved. ject. more complex the issues, the more wis- f The PRESIDENT pro tempore. The Senator from Nevada. dom You will offer. Equal to the strain MORNING BUSINESS will be the strength that You grant us. Mr. REID. Mr. President, we, also, in So, we humble ourselves and confess The PRESIDENT pro tempore. Under the minority, are very interested in our need for Your divine inspiration. the previous order, there will now be a this subject. We think the Vice Presi- Our experience, education, and exper- period for the transaction of morning dent and nominee has, along with oth- tise are insufficient to grasp the full business not to extend beyond the hour ers, set a good tone as to how we potential of Your vision for America of 10 a.m., with time equally divided should look at what is going on with and the world. We need Your x-ray dis- between the Senator from Wyoming, media. However, as we speak, at this cernment into potential blessings Mr. THOMAS, and the Senator from Illi- very minute there are hearings on this wrapped up in what we often call prob- nois, Mr. DURBIN. subject going on in the Commerce lems. Endow us with wisdom to see f Committee. The ranking member, Sen- clearly the solutions we could not dis- ator HOLLINGS, has not had an oppor- UNANIMOUS-CONSENT REQUEST— tunity to review this unanimous-con- cover without Your help. Give us cour- S. 2497 age to seek and follow Your guidance. sent request. We believe if there is Set our hearts on fire with greater pa- Mr. SANTORUM. Mr. President, on going to be legislation brought before triotism for our country and a deeper behalf of the majority leader, I have the Senate, it should be in the regular dedication to be courageous problem- been asked to make a unanimous-con- order; that is, there should be an op- solvers for Your glory and for Your sent request. portunity to amend the legislation if in grace. You are our Lord and Saviour. I ask unanimous consent that imme- fact that is necessary. We know there Amen. diately following the passage of H.R. are a number of Senators who wish to 4444, the Commerce Committee be dis- offer amendments. f charged from further consideration of This unanimous-consent request that PLEDGE OF ALLEGIANCE S. 2497 and the Senate proceed to its we have allows one amendment, and on The Honorable RICK SANTORUM, a immediate consideration under the fol- that one amendment Senators can Senator from the State of Pennsyl- lowing terms: Two hours on the bill to speak for 30 minutes. So when we have vania, led the Pledge of Allegiance, as be equally divided in the usual form; so much to do in this body—we have 11 follows: that there be up to one relevant appropriations bills we have not com- amendment in order for each leader, I pledge allegiance to the Flag of the pleted. I am going to discuss, in a little United States of America, and to the Repub- that they be offered in the first degree, bit, some more things on education. We lic for which it stands, one nation under God, limited to 30 minutes equally divided have a Patient’s Bill of Rights we need indivisible, with liberty and justice for all. and not subject to any second-degree to do, a prescription bill we need to do, f amendments; and that no motions to minimum wage—I think it is awfully commit or recommit be in order. late in the game, when we have 15 days RECOGNITION OF THE ACTING I further ask unanimous consent that in the session left, to start talking MAJORITY LEADER following conclusion or use of debate about media violence. This is an issue The PRESIDENT pro tempore. The time in the disposition of the above de- that has been outstanding for many Senator from Pennsylvania. scribed amendments, the bill be ad- months. We have members of the mi- f vanced to third reading and a vote nority who have spoken out on this occur on final passage of the bill, as time after time. SCHEDULE amended, if amended, all without any Based on that, and for other reasons, Mr. SANTORUM. Mr. President, intervening action or debate. we object. today the Senate will be in a period of The bill has to do with the entertain- The PRESIDENT pro tempore. Objec- morning business until 10 a.m. Fol- ment industry and the entertainment tion is heard. lowing morning business, there will be industry marketing their videos and The Senator from Pennsylvania. 60 minutes for closing remarks on two CDs to those people—children—who are Mr. SANTORUM. The reason we are amendments: the Byrd amendment re- proscribed, really, from buying them or trying to move expeditiously here is garding safeguards and division 6 of the attending those kinds of movies. These the FTC has come out with a record Smith amendment regarding organ are R-rated movies. Children under 17 that shows the egregious nature of the harvesting. are not permitted in these without an conduct of Hollywood with respect to After all time is used or yielded back, adult. Yet we have a report just issued, the marketing to young people of ma- there will be two back-to-back votes at I think earlier this week, that says the terial that is inappropriate for them,

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

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17872 CONGRESSIONAL RECORD—SENATE September 13, 2000 that they have said they would not so to be discussed as to what is going on remarkable. We have a lot more to do market. It is very similar to the with the media. That is why this legis- because Title I, which relates to teach- charges we have heard about tobacco lation is important. The problem is ing kids who have fallen behind how to companies, that are not supposed to there are other matters dealing with read, has been so underfunded. Where it sell to minors, marketing to minors. children we have totally ignored this has been funded, it has done remark- Here we have the identical situation. year. For example, we have spent, this ably well. The other side has not been reticent year, 6 days of debate on the ESEA. We want this program to continue. In about bringing tobacco legislation to As I have said, we do not apologize 1994, the Democratic-led Congress and the floor to stop the marketing to mi- for the work we have done on tobacco. the Clinton-Gore administration nors at the drop of a hat. Yet when it What has happened has been revolu- worked together to enact far-reaching comes to protecting Hollywood, we tionary as a result of the minority reauthorization of Title I. We want to have a roadblock. We have an oppor- speaking out against the problems of continue this, set high standards, and tunity here to reform the system, to do tobacco. We do not apologize for that. close the achievement gap. We want to something substantive about an issue Of course, we have called attention to do something about class size reduc- that is undercutting the moral fabric it. tion. We want to hire more teachers. of our country, that is poisoning the We have also called attention to the There are all kinds of studies that minds of our children, and we have a fact that we believe our children need show if teachers have fewer children to roadblock because we have more im- more attention. On February 3 of this teach, the kids do better, but we do not portant issues to discuss. According to year, the majority said education will need studies to prove that. the other side, there are other issues be a ‘‘high priority’’ in this Congress. Common sense dictates if a teacher more important than these issues. I I regret to say instead of making has fewer children to teach, she is don’t think there are very many issues education a central issue, and even a going to do a better job of teaching that are more important than a delib- high priority, we have had only 6 days those children. That is what this legis- erate attempt to market inappropriate of debate on education this entire year lation is about: Simple common sense; material to young minds. That, to me, on the Senate floor. There is not a that is, if you have fewer children to is about as high a priority as we can more important issue that we can talk teach, the kids are going to do better. get. about on the Senate floor, bar none, We want to do that. We want to have There may be some other things the than educating our children. Having 6 class size reduction. other side believes are more important days of debate on the Elementary and It is very clear one of the reasons we than that, but bringing this bill to the Secondary Education Act in this Con- have such a high dropout rate is be- floor and having this debated is a very gress over a 2-year period does not indi- cause of the fact children are in classes important issue. As the Senator from cate to me this is a ‘‘high priority.’’ that are so big and schools that are so Nevada mentioned, their own Vice We have about 15 days left in this big. Presidential candidate believes this is Congress. We still have 11 appropria- I did an open school forum in Las a very high profile issue. tions bills to do. We have a minimum Vegas during the August recess. Las Let’s deal with it. Let’s not talk wage bill to complete. We have the Pa- Vegas is the sixth largest school dis- about it; let’s not politic about it; let’s tients’ Bill of Rights bill to complete. trict in America with 230,000 children. not pander about it; let’s do something We have prescription drug benefits to It was interesting. The new super- about it. Here we have, again, an op- address. We have issues dealing with intendent of schools, Carlos Garcia, portunity for us to do something sub- gun safety, bankruptcy reform—the who came from Fresno, said that if a stantive, to create reform, to move the list of things we have not done is child is not reading up to standard in agenda forward, and we have a road- unending. the third grade, that kid is a good can- block; we have an objection: It is just I believe to bring up, as was done by didate for being a high school dropout. not the right time; it is just not the the majority today, this issue dealing We need to make sure the children in right way; it is just not the exact thing with media, when right now Senator third grade can read. That is what this we would like to do. MCCAIN and others are listening to tes- is all about. That is why we need to re- Let’s move forward. Let’s start mov- timony of Senator JOE LIEBERMAN as to authorize the Elementary and Sec- ing on reform. We hear complaints that what he believes should be done in this ondary Education Act. That is why we nothing gets done around here. Every regard. We know this is an artificial ef- need to have fewer kids for each teach- time we start to put something forward fort by the majority to focus on this er to teach. That is what we are trying to try to move a reform, the answer is issue. There is no intention to bring to do. That is why Senator MURRAY has no. We are going to continue to try. this up for debate. That is why the worked so hard on her Class Size Re- This is not the last time we are going unanimous consent request given was duction Act. to try to get unanimous consent on so restricted that they would allow one Unfortunately, our friends on the this matter. This is an important mat- amendment for 30 minutes. I think it is other side of the aisle reject our class ter that we need to bring up and we obvious this was only an effort to bring size reduction program by failing to need to deal with before this session up an issue and talk about what they provide a separate dedicated funding ends. cannot get done. stream. What we have done as a result I yield the floor. Remember, the majority controls of the intervention of the Clinton-Gore The PRESIDENT pro tempore. The what goes on here on the floor. It is administration is force at year end in Senator from Nevada. very obvious to me one thing the ma- the omnibus bill more money for Mr. REID. Mr. President, we do not jority does not want to go on is a de- teachers. As a result of that, we have apologize for the work we have done on bate about education. hired almost 30,000 new teachers so far tobacco. We, of course, have led the Na- The Elementary and Secondary Edu- under this program, directly benefiting tion into focusing on the evils of to- cation Act is an act that was part of over 1.5 million children. It has been bacco and what it has done to hurt not President Johnson’s war on poverty. It proven, if you have smaller class sizes, only the youth but the adult commu- has been a successful program. Title I, these kids outperform students in larg- nities throughout America. We do not the largest program in the Elementary er classes. It helps teachers, and it apologize for that. This has been led by and Secondary Education Act, was in- helps the students. I repeat, our friends the minority, and we are proud of that. tended to help educational challenges on the other side of the aisle reject f facing high-poverty communities by this. targeting extra resources to school dis- I want to talk about something very THE SENATE AGENDA tricts and schools with the highest con- important to me, and that is high Mr. REID. Mr. President, we also rec- centrations of poverty. What it has school dropouts. I mentioned briefly ognize that there are issues that need done for children who could not read is that if a kid cannot read in third grade,

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17873 he or she is a good candidate to be a roadblocks to real reform but to truly comment I read in USA Today, where high school dropout. find out ways to make Washington less Senator DASCHLE said: We are not in- Three thousand children drop out of of a burden upon local education. terested in getting anything done. We school every day, 500,000 a year. We I have yet to go into a school district are interested in obstructing this place would be so much better off if we could in Oregon and ask, ‘‘Where are your and creating a train wreck because we do something to keep 500 of those chil- problems?’’ and they don’t tell me it think that is good politics. That really dren in school every day, or 200 of usually has to do with some Federal concerns me. those children. We would only have mandate. The truth is, what we are I have to tell you, I am always opti- 2,800 dropping out of school every day. trying to do is empower local folks who mistic, but I am discouraged by the We have worked on this. Senator understand about educating children windup scene I am seeing develop here. BINGAMAN and I have a dropout preven- and to lower the burden of Washington. We owe the American people some- tion bill which supports local school This idea of 100,000 teachers is great, thing better than this. I think we need development and programs for the pre- but everyone should understand that is to get on to some reforms. I, for one, vention of dropouts. We successfully about sloganeering; that is about TV am committed to a generous and bipar- included $10 million in funding for ads. That has nothing to do with edu- tisan effort in that regard. dropout prevention in the Labor-HHS cating kids. The truth is, we need an appropriations bill. We hope that stays awful lot more than 100,000 teachers; f in conference. The conference has not We need 1 million teachers; but we CHINA NORMAL TRADE been held, of course, as has conferences ought to trust people locally to be able RELATIONS for most appropriations bills not been to make that judgment whether to held. I hope money will stay in there. build a school or to hire a teacher. We Mr. SMITH of Oregon. Mr. President, It is a few dollars. We need a lot more should not tie their hands. That is I rise today in strong support of H.R. money. If we are going to have an at- what has gone on, and the record 4444, a bill establishing permanent nor- tack on keeping kids in school, if we should reflect that as well. This Repub- mal trade relations with the People’s are going to have lower dropouts, we lican is prepared to vote for a lot more Republic of China. need to have in the Department of Edu- resources, but he thinks we owe it to I strongly believe that permanent cation a dropout czar, somebody in the parents of this country to give normal trade relations will have a sub- charge of making sure there are pro- them reform as well. stantial and long-term political, eco- grams throughout America to keep Mr. President, I came here in morn- nomic, and national security benefit kids in school. ing business to try to interject myself for our country. I have long main- We need to focus on education. We into the debate on PNTR. tained that as China becomes a mem- are not going to in this Congress. That Mr. REID. Would my friend yield for ber of the global community, its gov- is gone. We need to work on school a simple question? ernment and its people will benefit modernization, support for disadvan- Mr. SMITH of Oregon. I yield to my from these changes and the United taged children, afterschool opportuni- friend from Nevada. States will benefit from better rela- ties. It is clear—and Senator BOXER has Mr. REID. I have the greatest respect tions and, eventually, I believe, from a worked very hard on afterschool pro- for the Senator from Oregon, but I more liberal and less oppressive gov- grams—that if we can keep kids occu- would just a question. I think what the ernment. pied after school, they are simply not Senator says is right. I think we need Much of China’s recent past has been going to get involved in things they reform. But doesn’t he think we should marked by progression and regression, should not do. This has been proven have the ability to debate it on the starts and fits toward economic liberal- and shown to be accurate. We need Senate floor? How are we going to get ization that impact all levels of soci- more money in afterschool programs. it otherwise? ety, only to be matched by periods of Senator BINGAMAN has worked hard on Mr. SMITH of Oregon. I say to the oppression, when the government feels school accountability. We support Senator, I do think we should debate it that things are getting out from under- funding accountability provisions for longer than we have. I grant you that. neath its thumb. This one-step-for- failing schools; for example, putting a What I have observed, as a junior Mem- ward, two-steps-back pace shows how qualified teacher in every classroom ber, however, is that every time we go truly feared the market place is in a within 4 years of this legislation. to focus on amendments, we can’t get Communist country. And I believe that The record should be replete with the time agreements. We can’t get agree- if you are a true Communist, you do fact that this year this Congress has ments on some reasonable amount of fear the marketplace. For it is that spent 6 days of debate on the Elemen- time. Look, I have already taken all marketplace—the private sector—that tary and Secondary Education Act. the gun votes. I will take them. I am will eventually prove to be the down- That is pathetic. We are concerned for background checks. I am for things fall of the Communist system in any about children. We should be able to that will protect kids in the classroom. country. debate the issue. We offered that this But I do not know why I should be Like many of my colleagues, I am bill be handled in the regular course of asked to vote on them two and three genuinely and deeply concerned about business. Request after request has and four times. human rights abroad. For that reason, been rejected. That is too bad. How many times do you need a vote I traveled to China last year to inves- The PRESIDING OFFICER. The Sen- to run a political ad against me? The tigate the human rights situation and ator’s time has expired. The Senator truth is, I have taken the votes. Let’s to determine the state of religious free- from Oregon is recognized for 9 min- get on to debating education. We have dom in that country. WTO membership utes. done the gun debate. and normal trade relations with China Mr. SMITH of Oregon. Mr. President, Mr. REID. I just briefly say to my will eventually improve the human I was not intending to speak on edu- friend, we have stated publicly on the rights situation and, I believe, reli- cation, but I want to respond to my Elementary and Secondary Education gious freedom in that country. The friend from Nevada. I am a junior Act we would have as few as eight past few decades’ gradual opening of Member of this body, but the percep- amendments, with an hour time limit trade, investment, and cultural ex- tion of what has gone on here with re- on each one of them, equally divided. changes with China have led to positive spect to education is utterly different And we haven’t been able to get that steps in the area of human rights and than my observation. agreement. That seems fair to me. religious tolerance. That is not to say My observation is that this side of Mr. SMITH of Oregon. It seems fair that all is well. There is much work to the aisle is anxious to talk about edu- to me, I say to the Senator. I will cer- be done in the area of human rights, cation, not just to throw more re- tainly encourage my leadership to ac- but on balance a ‘‘carrot and a stick’’ sources at the status quo, not to put up cede to that. What I am afraid of is the approach is better than the stick alone.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17874 CONGRESSIONAL RECORD—SENATE September 13, 2000 Globalization is part of ‘‘the carrot.’’ NTR has reflected the desire to punish really harmful impact of this set of It is globalization—the economic inte- China, the need to sanction China or unilateral sanctions will fall on Amer- gration of their economy—that will in- the need to block China. ican exporters. Many of these sanctions troduce the Chinese people to new Those opposing this legislation have will, at the end of the day, have the ef- ideas and information. I believe that as formed their arguments around the fect of blocking our export sales, by a free market economy, we have a conclusion that NTR is really just a blocking U.S. credits or preventing fi- moral and ethical obligation to other great plum for China and benefits only nancing. These actions will not have an nations to help them move toward free China. Nothing could be farther from effect on the underlying problem—they markets and into the global economy. the truth. As I previously stated our will only replace all sanctioned Amer- Our own history shows the results of markets are already open to the Chi- ican products with foreign products. not pressing for this integration. Dur- nese—we already buy Chinese goods. And we are not talking about military ing the late 19th century and also fol- This legislation will open up their mar- sales in many cases. The scope of this lowing World War I, our negligence in ket and it is a vast pool of consumers, legislation is exceedingly broad and in- integrating both Japan and Germany to our goods. It benefits the United cludes civilian transfers that do not ac- had horrible results that reverberated States economy. This debate is about tually contribute to proliferation prob- through much of the 20th century. We advancing American values halfway lems. must not make the same type of mis- around the world. Ninety-nine years The Thompson amendment will also take with China. ago Teddy Roosevelt, speaking at a tie the hands of future administra- The economic benefits to the United state fair, said: ‘‘There is a homely tions. It will not allow any flexibility States of H.R. 4444 are great. Our mar- adage which runs ‘Speak softly and for a future President to make a deci- kets to a great degree are already open carry a big stick; you will go far,’ ’’ At sion based on contemporary issues in- to Chinese goods; this legislation will that time, the big stick meant Amer- volving the state of the Sino-American open their markets to our goods. This ica’s warships and a show of American relationship at that time. And finally, is good for America. And it is good for might abroad. Now the stick means as we all know, the politics of the situ- the people of my home State of Oregon. America’s economic might and Amer- ation dictate a clean PNTR bill. Sim- In the first year following China’s ican values. Free and fair trade is the ply put, this legislation will effectively membership in the global economy— weapon—the economic weapon of the kill this bill. If we are to pass PNTR economists predict trade will double 21st century. during this Congress it is imperative with the United States. China is the It is free and fair global trade that we have a bill that will not require an- sixth-largest market in the world for will strengthen the forces of economic other vote in the House. Mr. President, as I have shown up on American agricultural products—and and political reform in China. It is free the floor and have listened to the de- following WTO membership, that trade and fair global trade that will bring bate on PNTR. I have seen many peo- will account for one-third of the greater prosperity to both the United ple, Republican and Democrat, pro- growth in exports over the next 10 States and the Chinese people. It is free posing amendments to this bill that years. In addition, according to the and fair global trade that will bolster have great appeal to me. They have World Bank, China will spend an esti- human rights and improve religious great appeal to me because they ad- mated $750 billion in new infrastruc- freedom in that country. America can advance its values and help China inte- vance noble principles. They advance ture over the next decade. American ideals. They advance the This is wonderful for the United grate into the world economy with the best of what we want to spread around States, but let me take a moment and help of this important legislation. I the world. Economic freedom, human tell you what it will do for Oregon. My call on my colleagues to send a clean rights, improved labor conditions, im- State is the Nation’s largest producer PNTR bill to the President and ask for proved environmental conditions, all of his swift signature. of solid wood products and an impor- these things I support. But I fear the AMENDMENT NO. 4132 tant agricultural exporter. China’s ac- real motive behind some of these is to Mr. President, I rise to oppose the cession to the WTO and normal trade scuttle this trade agreement. I oppose Thompson amendment which would relations will benefit: that. Wheat.—Oregon is a large wheat- add a sanctions mechanism and annual I also point out, as many others have, growing State and China’s grain poli- review regarding Chinese proliferation when it comes to these security issues, cies will become more market-ori- of nuclear and other weapons. I would slavery issues, and whatnot, we already ented. In addition, the 1999 U.S.-China like to take a moment and go over the have these laws on the books to protect bilateral trade agreement resulted in problems with this legislation. While this country. We should not accede in more exports of Northwest grain. the issue of weapons proliferation is a this environment, in this debate, on a Vegetables.—Oregon is a major pro- serious one, most of the elements of vote this important to scuttle this ducer of beans, corn, and onions. Under the Thompson legislation are already trade agreement because to do so the new agreements, tariffs on vegeta- covered by current law. As many of my would shortchange the American peo- bles will drop by up to 60 percent. colleagues have noted, there are al- ple and certainly the people of my Fruit.—Oregon grows berries, pears, ready numerous laws regarding nuclear State. cherries, and plums. China will reduce proliferation, some of these laws in- I conclude with this story from my tariffs by up to 75 percent for fresh and clude: own life. The story is a lesson that has, processed deciduous fruit; and tariffs No. 1, the Export-Import Bank Act; frankly, governed much of my thinking on apples, pears, and cherries will fall No. 2, the Arms Control and Disar- with respect to trade and military se- from 30 percent to 10 percent. mament Act; No. 3, the Arms Export curity and foreign relations since I Solid wood.—China is the world’s Control Act; No. 4, the International have been an adult. third-largest wood importer and after Emergency Economic Powers Act. This I was a student at Brigham Young WTO accession, it will substantially re- list goes on and on. Further, I have University, taking a class in military duce its remaining tariffs on valued- never been a great fan of unilateral ac- history. It was at the end of the Viet- added wood products within the next 4 tions. Multilateral programs agree- nam war. My professor was a retired years. ments are by far the best and most ef- Air Force general. There was great tur- Much has been said on the floor of fective approach. moil on the campuses of the United the Senate in these past few weeks re- The problem with unilateral sanc- States. He made a comment that garding normal trade relations with tions is that they, at the end of the struck me and caught my attention. China. I have to confess that I do not day, are rarely effective in achieving This professor’s name was Phillip think the arguments against this legis- foreign policy goals. The history of our Flammer. lation stand on their own merit. Most foreign policy is littered with a trail of He said: We made a mistake to bomb of what I have heard in opposition to ineffectual unilateral sanctions. The the North Vietnamese with military

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17875 armaments. That caught my atten- The PRESIDING OFFICER. Without TO AUTHORIZE EXTENSION OF tion—in a conservative place like this objection, it is so ordered. NONDISCRIMINATORY TREAT- university, that a statement such as MENT TO THE PEOPLE’S REPUB- that would be made. f LIC OF CHINA I thought: That is interesting. The PRESIDING OFFICER. Under He said: We should have bombed LEGISLATIVE CONSIDERATIONS the previous order, the Senate will now them, but we should have bombed them resume consideration of H.R. 4444, Mr. REID. Mr. President, I want to with Sears catalogs. which the clerk will report. I thought: Hmm, there is a lesson I say, before my friend leaves the floor, The legislative clerk read as follows: will remember. how much respect I have for the Sen- ator from Oregon and the great exam- A bill (H.R. 4444) to authorize extension of His point was, if we want to tear nondiscriminatory treatment (normal trade down the walls of communism, we do it ple he sets for everyone in the bipar- relations treatment) to the People’s Repub- with our trade. We do it with our com- tisan consideration of legislation. lic of China, and to establish a framework merce. We do it with our culture. We I do want to say, though, before my for relations between the United States and do it with our communications to the friend leaves, that one of the pleasures the People’s Republic of China. world. of my service in the Senate is that I Pending: We have seen in Communist country have been able to work with Senator Wellstone amendment No. 4118, to require after Communist country that when DASCHLE. We served in the House to- that the President certify to Congress that they are exposed to the miracles of the gether. We have served in the Senate the People’s Republic of China has taken cer- marketplace, what happens is a middle together. He is the leader. I am the as- tain actions with respect to ensuring human class develops. When a middle class de- sistant leader. rights protection. velops, people begin to demand, with Wellstone amendment No. 4120, to require There are very few meetings he at- that the President certify to Congress that economic liberty, that they have polit- tends that I am not there. For exam- the People’s Republic of China has responded ical liberty as well. ple, we had a meeting yesterday with to inquiries regarding certain people who So if you are interested in improving the bipartisan leadership of both have been detained or imprisoned and has human rights, improving the environ- Houses. At that meeting with the made substantial progress in releasing from ment, improving access for Americans President of the United States, Senator prison people incarcerated for organizing to their markets, then this vote on independent trade unions. DASCHLE was very clear in saying he Wellstone amendment No. 4121, to PNTR is perhaps the most important wanted to get things done this year. He vote that we will cast in this Congress, strengthen the rights of workers to asso- gave a list of things he thought we ciate, organize and strike. or perhaps any other for the economic could accomplish. Smith (of New Hampshire) amendment No. future of our country. 4129, to require that the Congressional-Exec- If you care about spreading American We are so close to being able to do something on the Patients’ Bill of utive Commission monitor the cooperation values, resist these amendments, resist of the People’s Republic of China with re- voting no to PNTR because you will do Rights, which the Senator from Oregon spect to POW/MIA issues, improvement in more to spread American values, Amer- has voted, I believe, the right way on the areas of forced abortions, slave labor, ican democracy, and advance American many occasions. and organ harvesting. security by supporting this agreement Senator DASCHLE in that meeting Byrd amendment No. 4131, to improve the certainty of the implementation of import than you can ever do by trying to said that he wanted to get things done. He gave a list of things that should be relief in cases of affirmative determinations amend it, to kill it, or by trying to by the International Trade Commission with vote in opposition to it when we come done. Senator DASCHLE, in private respect to market disruption to domestic to a final vote. meetings and in public meetings, has producers of like or directly competitive I do not, for a moment, question the said the most important thing we can products. motives of anyone who is against this. do is complete legislation that is al- Thompson amendment No. 4132, to provide Again, I admire the ideals advanced. ready before the Senate, including the for the application of certain measures to But I simply question this method, this 11 appropriation bills that have not covered countries in response to the con- been completed. tribution to the design, production, develop- bill, at this time, to scuttle this most ment, or acquisition of nuclear, chemical, or important agreement. I don’t know what appears in U.S. biological weapons or ballistic or cruise mis- So I urge my colleagues to vote for News and World Report or whatever siles. PNTR and vote against the Thompson publication my friend from Oregon Hollings amendment No. 4134, to direct the amendment—well-motivated but mis- mentioned. The fact is, Senator Securities and Exchange Commission to re- guided at this time, given the laws we DASCHLE has continually said publicly quire corporations to disclose foreign invest- already have. and privately the most important ment-related information in 10–K reports. America needs this. We should not thing that we can do is enact legisla- Hollings amendment No. 4135, to authorize and request the President to report to the cede the Chinese market to the Euro- tion for the American people. Congress annually beginning in January, pean nations. We should be there our- I think the record should be very 2001, on the balance of trade with China for selves. They are already here. We have clear that there is no intent on behalf cereals (wheat, corn, and rice) and soybeans, yet to go there. of the minority to prevent anything and to direct the President to eliminate any I urge an ‘‘aye’’ vote on the agree- from going forward. We want to move deficit. ment and a ‘‘no’’ vote on the Thompson legislation. First of all, let’s do the ap- Hollings amendment No. 4136, to authorize and request the President to report to the amendment. propriations bills, and if we have time Mr. President, I yield the floor. Congress annually, beginning in January, left over, do the other items, which I 2001, on the balance of trade with China for f believe we will do, as indicated in a advanced technology products, and direct CONCLUSION OF MORNING meeting with the President yesterday. the President to eliminate any deficit. BUSINESS Let’s do them. Hollings amendment No. 4137, to condition I express my appreciation to the Sen- eligibility for risk insurance provided by the The PRESIDING OFFICER. Under Export-Import Bank or the Overseas Private the previous order, the time of 10 ator from West Virginia for his pa- Investment Corporation on certain certifi- o’clock has arrived and morning busi- tience. cations. ness is closed. Mr. President, I ask unanimous con- The PRESIDING OFFICER. Under Mr. REID addressed the Chair. sent that the time before the scheduled the previous order, there will now be 1 The PRESIDING OFFICER. The Sen- votes be extended for whatever time I hour for closing remarks on the Byrd ator from Nevada. have used under leader time. amendment No. 4131 and division 6 of Mr. REID. I request the use of leader The PRESIDING OFFICER. Without the Smith amendment No. 4129, with 15 time at this time. objection, it is so ordered. minutes each under the control of the

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Senator from Delaware, Mr. ROTH; the seek relief and to get relief when it is sage of PNTR. In my view, a vote for Senator from New York, Mr. MOY- warranted. any amendment, including this one, is NIHAN; the Senator from West Virginia, This is our chance. This is our chance a vote to kill PNTR. Mr. BYRD; and the Senator from New to strike a blow for the steel industry, Mr. President, such a result would be Hampshire, Mr. SMITH. which is a very important industry in devastating for our workers and farm- AMENDMENT NO. 4131 the State represented by the current ers. That is why I urge my colleagues The PRESIDING OFFICER. The Sen- Presiding Officer. It is a very impor- to vote against my good friend’s ator from West Virginia. tant industry in my State, exceedingly amendment. Mr. BYRD. Mr. President, I will important. Now is the time to strike a I yield the floor and suggest the ab- speak briefly on my amendment. Then blow for freedom, for the freedom of sence of a quorum. I will yield back the remainder of my those men and women who work in The PRESIDING OFFICER. The time. I want to get to a markup of an these industries, freedom to know clerk will call the roll. appropriations bill by the Sub- when relief is coming. They should not The assistant legislative clerk pro- committee on VA, HUD and Inde- have to wait until a President seeks his ceeded to call the roll. pendent Agencies, of which I am a own convenient moment. They should Mr. THOMAS. Mr. President, I ask member. know the date. And when that date unanimous consent that the order for In simple language, my amendment comes, it should happen. Let’s make it the quorum call be rescinded. adds surety for American firms and happen by my amendment. The PRESIDING OFFICER. Without American workers who are caught up I yield back my time and suggest the objection, it is so ordered. in the confusing process of seeking re- absence of a quorum. Mr. THOMAS. Mr. President I ask lief from a surge of unfair imports. The The PRESIDING OFFICER. The unanimous consent to speak in morn- process of getting the U.S. Government clerk will call the roll. ing business for 10 minutes. to agree with a firm’s firsthand judge- The legislative clerk proceeded to The PRESIDING OFFICER. Without ment that a flood of unfairly dumped call the roll. objection, it is so ordered. imports is undercutting a U.S. manu- Mr. ROTH. Mr. President, I ask unan- f facturer is complex and time con- imous consent that the order for the CHINA PNTR suming. Language in the House-passed quorum call be rescinded. bill is an improvement, but it leaves a The PRESIDING OFFICER (Mr. Mr. THOMAS. Mr. President, I asked serious loophole. The House language HUTCHINSON). Without objection, it is for morning business because I am not provides deadlines for the government so ordered. sure where we are focused, but I want and the President to agree or disagree Mr. ROTH. Mr. President, I yield my- to continue to talk about PNTR, a that relief is needed, but if the Presi- self such time as I may use. topic that I hope we are able to con- dent fails to meet his deadline for a de- Mr. President, I rise in opposition to clude shortly. cision, nothing happens. No relief can Senator BYRD’s amendment regarding Certainly one of the most important be forthcoming until the President safeguards. issues we have before us is the issue acts. And the President might be under I do so even though I share my col- and the way I come to the conclusion. other pressures, from the State Depart- league’s concern regarding the Presi- We all talk about the problems that ment, for instance, warning that an af- dent’s utter disregard for statutory exist. Obviously, there are problems firmative Presidential decision might deadlines in our trade remedy laws. that exist. I serve as chairman of the upset some other, unrelated negotia- The President’s failure to issue timely Subcommittee on East Asian and Pa- tion. The State Department is not decisions in recent section 201 cases cific Affairs that has dealt over a num- charged with worrying about the fate was simply unacceptable. Also unac- ber of years with the issue of China. I of individual U.S. firms. The State De- ceptable is the President’s failure to don’t think there is a soul here who partment is not charged with worrying meet the deadline set for modifying the wouldn’t wish things were different about the fate of steel companies, for retaliation list in the bananas dispute there with respect to human rights, example. at the WTO. This pattern of utter dis- some of the issues with respect to pro- But for a firm hanging on by its fin- regard for statutory deadlines simply liferation, some of the issues with re- gernails, unable to pay its bills or se- must stop. spect to freedom, and market system cure needed financing, and for workers With that said, I must still oppose changes. I don’t think that is the issue. unsure when their lay-offs might end this amendment for both substantive The issue is how we best bring about and their bills get paid, this uncer- and procedural reasons. that change. That is really what it is tainty can be catastrophic. So the Byrd With regard to substance, it is vitally all about. amendment says that if the President important for the Finance Committee Do we do it through threats to the fails to act by the appointed deadline, to be given the opportunity to consider PRC? Do we do it with sanctions? I the decision of the ITC will be imple- this proposal before it is adopted into think people have learned quite a bit in mented as though the President had law. As I noted yesterday, there are se- seeking to deal with Cuba with sanc- agreed. So firms and workers will know rious flaws in this amendment that tions. It has had very little impact and on what date certain they will get could make it unworkable in certain very little effect. I happened to be in their answer. The steel companies will circumstances. It would be reckless to Beijing where we were having the great know when they will get their answer. adopt such a significant change to our debate over some of the things that Coal miners will know, because they trade laws without adequate review, were controversial. They canceled a are affected by steel imports as well. particularly given the flaws that are large order with Boeing. What did they That is what my amendment does. And already apparent in what my good do? They bought Airbuses from France. for those affected firms, and those friend has proposed. Sanctions don’t work. workers, that is pretty important. I am also concerned that we are iso- I happen to come from a State where They need to know, and their bankers lating the Chinese for differential we are very interested in agriculture. and creditors need to know. They need treatment through this proposal. The So we need to do that. to be able to plan, and no other con- agreement may not be inconsistent Someone suggested during the course cerns should come before them, in my with the U.S.-China bilateral agree- of the discussion over the last couple of opinion. I’ve seen too many families ment, but it does create a procedure days that this bill, if it passed, to grant suffering when the plant shuts down, that differs sharply from our other permanent trade relations would be, in too many towns hollowing out and fall- trade remedy programs. a word, ‘‘rewarding’’ China. I don’t ing into disrepair when people just give I must also oppose the amendment agree with that. The fact is, we would up. We need to give our citizens, our because of the potential impact that be rewarding ourselves with regard to firms, an efficient and sure process to this amendment will have on the pas- trade. The opening has already been

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17877 given to China. We are the ones to problem of transfers to Pakistan. I Congress to think we can spend an- whom they have agreed, if this hap- don’t believe this amendment will do other week going back and forth in pens, to lower tariffs on a number of anything to change the situation. In- conference with the House and get this our things that go there. It really stead, it would turn us to the discred- done. doesn’t change the situation much ited, failed strategy of mandatory uni- I know there are justifiable dif- with regard to China. It gives us a bet- lateral sanctions and annual votes on ferences of view. That is what this sys- ter opportunity to do that. the status of China trade. tem is all about. We ought to talk We also argue about how we imple- We have already talked a great deal, about those. It is my view we have ment these changes. Are we more like- of course, about the passage of an talked about them and there ought to ly to bring about changes if we are part amendment and the impact it would be an end game so we can move on. We of a multilateral group such as the have on the relationship. I want to keep talking about the things we have WTO or are we more likely to do it stress again that trying to work with to do, including 11 appropriations bills with the unilateral kinds of things for China on some of those things does not out of 13 that have not yet been passed. ourselves? I happen to believe we would make us oblivious to the things on Several have not even been marked up. be better off to have an organizational which we disagree with them. Surely, We have less than 3 weeks, 14 days, to structure such as the WTO to go human rights we are going to continue work on these. We know very well that through to talk about some of the to champion. the President is going to create some things we think are not being done Again, we have to consider how to obstacles to the completion of our properly. Does that mean we don’t con- best have an influence on bringing work so he can have more leverage to tinue to monitor things such as human about change—change that has not oc- get the kinds of spending he wants and rights, that we don’t continue to mon- curred as completely as I would like. I put the pressure on the majority party itor things such as weapons prolifera- can tell you from my experience that in the Congress. tion? Of course not. The question real- there is change. The more visibility the All these things are real and realistic ly is, Do we go ahead with this bill as people of China have to the outside and not unusual. I think we need to un- it is and at the same time go ahead and world—the fact of market systems, the derstand where we are. I think we need monitor the other things as well? fact that personal freedoms provide a to take a look at the job we do have to I am opposed to the Thompson much better way of life, it is becoming do so the American people can con- amendment, which is an amendment to more and more evident. For years, of tinue to be served by those programs the bill to establish normal trade rela- course, they have not had any oppor- that are in the appropriations, that we tions. tunity to see what is going on in the continue to strengthen education, so First of all, as I mentioned, I am world. For example, things have we can do something about fairness chairman of the subcommittee that has changed substantially in China. Now and tax relief, so that we can move for- jurisdiction over some of these issues. they see it. It is important to encour- ward in moving some of this money to Neither the Foreign Relations Com- age changes that need to take place. lower the debt. We ought to continue mittee nor the Banking Committee has Of course, with respect to another to work in seeking to get some of the been afforded the opportunity to con- statute that does something about pro- pay back for strengthening Medicare so sider and debate this issue before it liferation, we already have numerous some of those reductions that have was brought to the floor. That is not statutes available to the President. been made can be replaced so we have the customary way to deal with issues There is a long list, including the Ex- services in the country. I have par- that are as far reaching as this one. To port-Import Bank Act, the Arms Con- ticular interest in that as cochairman bring it to the floor without going trol Disarmament Act, the Arms Ex- of the rural caucus for health care. through the committees and giving the port Control Act, and the International Some of the small hospitals and small committees of jurisdiction the oppor- Emergency Economic Powers Act. It clinics need it to happen. We need to tunity to consider it—the Banking goes on and on. They provide the very move forward and not spend 2 weeks on Committee, as you know, which has ju- authority that is being talked about in a repetitious review of the same issues. risdiction over a portion of these kinds some of these amendments. They are in There comes a time we should move of arrangements, is very upset about place. forward. this process. Someone said it gives the President Therefore, I strongly urge we do We, of course, argue that under the the opportunity to decide and be flexi- move forward and that we do not time constraints it is most difficult. ble about it. Then the author—in this amend the bill before the Senate. Con- The House passed a bill to open normal case, the Senator from Tennessee— clude it and send it to a satisfactory trading relations. By the way, the Sen- assures Members that this also has a signing at the White House and move ate has done it every year for normal waiver and it gives the President the forward on the issues facing the Sen- trading relationships. This is really a opportunity to change. We have very ate. departure from what has been done. little reason to have more legislation I suggest the absence of a quorum. But certainly, if we amend it at this in this area. The PRESIDING OFFICER. The time in this session, we will have a dif- Finally, I vote against this amend- clerk will call the roll. ficult time getting it completed. ment for the same reason I voted The assistant legislative clerk pro- My first problem is jurisdictional, of against all the amendments that pre- ceeded to call the roll. course. It was introduced by Senator ceded it. I am, along with the distin- Mr. SMITH of New Hampshire. Mr. THOMPSON. We had plenty of time and guished Senator from Delaware, Mr. President, I ask unanimous consent could have done it in May. It could ROTH, chairman of the Finance Com- that the order for the quorum call be have gone through those committees. mittee, and many others, opposed to rescinded. But it didn’t go to either committee. adding amendments that will, indeed, The PRESIDING OFFICER. Without Certainly the kinds of changes that have the effect of delaying or killing objection, it is so ordered. would be made there would apply. We the PNTR bill. Most any amendments f ought to have that kind of process and would have that effect. I believe most TO AUTHORIZE EXTENSION OF not limit the process entirely. The of the Members of this body also be- NONDISCRIMINATORY TREAT- House, of course, has passed this bill by lieve that because each of the amend- MENT TO THE PEOPLE’S REPUB- a large majority, and we need to move ments that have been offered have not LIC OF CHINA—Continued forward with it. survived and have lost by a rather sub- Aside from the jurisdictional con- stantial vote. I hope we continue to do AMENDMENT NO. 4129 cerns, I have a fairly large number of that. Mr. SMITH of New Hampshire. Mr. substitute concerns regarding issues of It is pretty unrealistic while we are President, very shortly there will be a proliferation, and particularly the trying to complete the work of this vote on one of the divisions in my

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17878 CONGRESSIONAL RECORD—SENATE September 13, 2000 amendment to the PNTR legislation. am about to speak on in a moment—if New World’’ or what—executing pris- This is a particular odious practice it takes a few minutes to have the oners to get their organs to get the that occurs now in China called organ House agree to it, so what. What is the money to the Chinese military. harvesting. It is hard to imagine that big deal? The Chinese Government, as it does any nation in the world today would This is very disturbing. Yet my col- with most human rights abuses, denies conduct activities as odious as this, leagues are saying to other colleagues: this practice takes place. But it is im- but it does happen. Don’t vote for the Smith amendment, portant to keep in mind that China As we know from the debate that has the Wellstone amendment, the Helms does not have a rule of law. been occurring on the permanent nor- amendment, the Thompson amend- Prisoners are subject to arbitrary ar- mal trade relations with China, most of ment, or any other amendment because rest and arbitrary punishment without the predictions are it is going to pass, it is going to require us to have to con- due process. People of religious faith, perhaps overwhelmingly. I personally ference with the House, and therefore environmental activists, human rights oppose the legislation. But if we are it might slow the bill down. activists, opponents of coercive abor- going to pass it, I believe we have an If we are giving permanent status to tion, student demonstrators, and any- obligation to at least call to the atten- China, what is a few more minutes? If one who appears to be questioning or tion of the rest of the world, and frank- we pass it, the House passes it, we challenging the Government of China ly to our own people here in America, amend it here, send it over to the is subject to harassment, intimidation, the barbaric practices that are occur- House this morning or this afternoon, arrest, incarceration, including in the ring in this country to which we are by dinnertime the House agrees to it, infamous laogai, or slave labor camps, about to give permanent normal trade puts it on the President’s desk, he has and, in certain cases, execution. status. breakfast tomorrow morning—has a When Tiananmen Square occurred in Permanent is a pretty strong word. glass of juice, coffee, whatever, a muf- 1989, peaceful student protesters, in- Permanent means permanent. Under fin—and then signs the bill. What is cluding the sons and daughters of the the permanent normal trade relations lost? Communist Party’s elite, were mowed bill, there is a process for monitoring When we do that, we could get some down, run over by PLA tanks. There the activities. There is a commission of these amendments. This monitoring are far fewer dissidents in China than that is set up. My amendment is very language we should have in this bill. there were 11 years ago after that expe- simple. It says: To do otherwise, with all due respect to rience. The Commission shall monitor the actions my colleagues, is simply to say: I am Even the Falun Gong, which prac- of the government of the People’s Republic going to look the other way while tices breathing and meditation exer- of China with respect to its practice of har- organ harvesting takes place in China. cises, has been subject to brutal repres- vesting and transplanting organs for profit We don’t want to rock the boat. We sion by Chinese authorities, and many from prisoners that it executes. don’t want to offend the Chinese. We of these worshipers have disappeared in So all my colleagues know, this don’t want to make anybody unhappy. the Chinese gulags, and some have died amendment simply says the commis- We don’t want to offend the House be- in police custody—great candidates for sion shall monitor these activities in cause they didn’t put it in, so therefore organ harvesting. China as best they can and report to we are not going to conference this. We ABC’s report also found that Chinese the American people what they find. I don’t want to rock the boat. nationals living on student visas were believe very strongly it is wrong for us That is wrong. To put it bluntly, that marketing these organs to Americans as a nation to look the other way and is wrong. and other foreigners who had the funds say it is OK to make money, to trade Let me speak briefly about the con- to make a $5,000 deposit and who then with China, sell our agricultural prod- tent of my amendment. Organ har- traveled to China to the People’s Lib- ucts, and ignore these types of human vesting, there was an expose done on eration Army hospital where they re- rights violations. this in 1997 by ABC News. This is not ceived a kidney transplant. In the debate yesterday I discussed BOB SMITH talking. This is one of the These kidneys are tissue typed and this briefly. We heard a lot about not three major networks that televised a the prisoners are also tissue typed in delaying the bill. The House has sent documentary on the practice of organ order to achieve an ideal match. Think us over a bill—which, by the way they harvesting in Communist China. In about that. Prisoners are executed, amended, they added some things to that documentary, in 1997, it depicted some of them for doing nothing more the monitoring—and they sent it back prisoners—these are not necessarily than protesting against the Govern- to the Senate. Now many of my col- murderers. These are just prisoners. ment of China. They are sent to prison leagues who are supporting PNTR are Some of them just put in there, actu- and executed so that people can pay up saying: Let’s not delay this. If we agree ally charged with nothing—so-called to $30,000 for one of their kidneys or to these amendments, the Smith crimes against the state. But it showed some other organ, and the money goes amendment or the Thompson amend- prisoners who were videotaped, lined to the Chinese military. ment or the Wellstone amendment or up against a wall and executed with a I ask my colleagues, with all due re- any other amendment that has been of- bullet directly to the head. This, un- spect—and I respect the rights of Mem- fered, we are going to delay the proc- like a lethal injection, preserves the bers to exercise their own views and ess. Maybe it is a good idea to call at- organs for harvesting. votes; of course, it goes without say- tention to the fact they are harvesting The documentary also claimed the ing, but I ask you: Is it unreasonable to organs obtained unwillingly by exe- prisoners were executed on a routine ask my colleagues to put this in the cuting prisoners, but we don’t want to basis. This was not an exception. Their monitoring provisions of PNTR so that mess up the whole debate here. We do organs were sold to people who were we can monitor these activities and re- not want to mess up an agreement we willing to pay up to $30,000 for a kid- port to the world what is happening? Is have with the House. ney, for example. that so bad? If it delays this bill a few We go to conference on hundreds of Human rights organizations have es- hours, if we have to conference it with bills year after year. We are going to timated that at that time, the time the the House—it is permanent—is that so go to conference on 13 appropriations documentary aired, more than 10,000 bad? bills. It is what you do. That is why we kidneys alone—just kidneys, not to We might save a few lives. The more have a House and a Senate. It is what mention any other organs—10,000 kid- the world knows about this, and the the Founding Fathers wanted us to do. neys alone from Chinese prisoners had more world public pressure comes to So if it takes a few days or a few been sold, potentially bringing in tens the Chinese, we might save some lives. hours—most likely a few minutes—to of millions of dollars to—guess where For the sake of a little time before we conference an amendment such as the the money goes—the Chinese military. pass this bill that has been debated one we are about to vote on, which I Does this sound like Huxley’s ‘‘Brave now for several days—it has been

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17879 talked about for a year or two—is it so nounced to the public. Wilson Yeo saw the operation, was told that if she did not re- bad for my colleagues to vote to allow broadcast from his hospital bed in China and ceive a transplant she would probably not a commission to study and report on knew that one of the men scheduled to die live much longer. ‘‘I didn’t have a choice,’’ this? I ask them, is it really that big a would provide him with the kidney he so she says of her decision to go to China. For badly needed. kidney patients in Malaysia the chances of deal for us to try to save people whose Mr. Yeo, 40, a Malaysian who manages the obtaining a transplant from a local donor are basic human right, the right to life, is local branch of a lottery company here, says slim. Despite an extremely high death rate being denied for the sake of organ do- he never learned the name of the prisoner on Malaysian roads—in a country of 22 mil- nors? To make it worse, in some cases whose kidney is now implanted on his right lion people, an average of 16 people are killed Americans are buying those kidneys, side. He knows only what the surgeon told every day in traffic accidents—the organ do- hearts, livers, and other organs. him: The executed man was 19 years old and nation system is woefully undeveloped. U.S. law prohibits this activity. It is sentenced to die for drug trafficking. ‘‘I Kidneys were transplanted from just eight unlawful in the United States for ‘‘any knew that I would be getting a young kid- donors last year. Thousands of people are on ney,’’ Mr. Yeo says now, one year after his the official waiting list. Dr. Tan, the Malay- person to knowingly acquire, receive, successful transplant. ‘‘That was very impor- sian kidney specialist, says the small num- or otherwise transfer any human organ tant for me.’’ Over the past few years at ber of donors in Malaysia is partly due to re- for valuable consideration for use in least a dozen residents of this small Malay- ligious and cultural taboos. Malaysian Mus- human transplantation if the transfer sian city have traveled to a provincial hos- lim families in particular are reluctant to affects interstate commerce.’’ pital in Chongqing, China, where they paid allow organs to be removed before burial, al- Congresswoman Linda Smith, before for what they could not get in Malaysia: though this is not the case in some other she left office, introduced a resolution functioning kidneys to prolong their lives. Muslim countries, such as Saudi Arabia, 3 years ago which deplored this prac- They went to China, a place most of them which has a relatively high number of do- barely knew, with at least $10,000 in cash. nors. tice and called upon the administration They encountered a medical culture where Organ donation has always been an uncom- to bar from entry to the United States kidneys were given to those with money and fortable issue. The terminology is euphe- any Chinese official directly involved a doctor could stop treatment if a patient mistic and macabre: Doctors speak of ‘‘har- in the practice of organ harvesting. It didn’t pay up. Surgeons advised them to wait vesting’’ organs from patients who are brain- urged the prosecution of individuals until a major holiday, when authorities tra- dead, but whose hearts are still beating. And engaged in marketing and facilitating ditionally execute the most prisoners. when the issue of executed prisoners come these transplants under U.S. law. China’s preferred method of capital punish- into play, transplants become politically ex- There is no one in the House or Sen- ment, a bullet to the back of the head, is plosive. ‘‘It is well known that the death ate who would not recognize the name conducive to transplants because it does not penalty is often meted out in China for contaminate the prisoners’ organs with poi- things that most people in Western countries of Harry Wu, the renowned human sonous chemicals, as lethal injections do, or would not regard as capital crimes,’’ said rights activist and Chinese dissident directly affect the circulatory system, as Roy Calne, a professor of surgery at both who was arrested in China, detained, would a bullet through the heart. Cambridge University and the National Uni- and finally released. Thanks to the More than 1,000 Malaysians have had kid- versity of Singapore. Using organs from exe- work of Laogai Research Foundation, ney transplants in China, according to an es- cuted prisoners is not only ethically wrong, we are aware of ongoing Chinese en- timate by Dr. S.Y. Tan, one of Malaysia’s he says, but discourages potential donors to gagement in organ harvesting of exe- leading kidney specialists. Many patients go step forward in China: ‘‘If the perception of cuted prisoners. after giving up hope of finding an organ the public in China is that there’s no short- donor in Malaysia, where the average wait- age of organs you’re not likely to get any en- It is unreasonable, it is unfair for us ing period for a transplant is 16 years. Inter- thusiasm for a donation program.’’ to add this provision that will expose views with patients who underwent the oper- It is impossible to know exactly how many this to the world and say, once and for ation in China reveal how the market for Asians travel to China for organ transplants. all, that it is wrong and that we are Chinese kidneys have blossomed here—to the But data informally collected from doctors not going to allow ourselves to be point where patients from Malacca nego- in at least three countries suggest the num- dragged into saying that, for the sake tiated a special price with Chinese doctors. bers are in the hundreds every year. Also im- of profit, for the sake of selling wheat, In 1998, two doctors from the Third Affili- possible to confirm is whether all patients in corn, rice, and other agricultural prod- ated Hospital, a military-run complex in China receive organs from executed pris- Chongqing, came to Malacca and spoke at oners and not other donors. But patients ucts, for the sake of greed and profit, the local chapter of the Lions Club about interviewed for this article say doctors in we are going to ignore this? How can their procedures. Kidney patients worked China make no secret of where the organ we do that in good conscience? out a deal with the doctors: Residents of Ma- comes from. The day before convicts are exe- The sad part, frankly—the American lacca would be charged $10,000 for the proce- cuted—usually in batches—a group of pa- people may not understand this—about dure instead of the $12,000 paid by other for- tients in the hospital are told to expect the what is happening in the Senate is that eigners. It goes without saying that the kid- operation the next day. people are saying: Don’t vote for the ney transplants these doctors perform are Melvin Teh, 40, a Malacca businessman Smith amendment because that is highly controversial. The Transplantation who received a kidney transplant from a hos- Society, a leading international medical pital in Guangzhou two years ago, says doc- going to slow the process down; don’t forum based in Montreal, has banned the use tors did not offer the names of the prisoners. vote for it. of organs from convicted criminals. Human ‘‘They just tell you it was a convict,’’ he It is not going to slow the process rights groups call the practice barbaric. But said. ‘‘They don’t tell you what he did.’’ down enough to matter, and this is im- patients here who have undergone the oper- Mrs. Young says doctors told her that the portant. It is a commission. It is a ation in China say they were too desperate donors were all ‘‘young men’’ who had com- study. That is all it is, and that is all at the time to consider the ethical con- mitted ‘‘serious, violent’’ crimes. Chinese of- we are asking. sequences. Today they are simply happy to ficials have admitted that organs are occa- Mr. President, I ask unanimous con- be alive. The trip to Chongqing offered them sionally taken from convicts, but deny that sent to print an article on incidents re- an escape from the dialysis machines, blood the practice is widespread. ‘‘It is rare in transfusions, dizziness and frequent bouts of China to use the bodies of executed convicts garding organ harvesting in the vomiting. And why, they ask, should healthy or organs from an executed convict,’’ an offi- RECORD. organs be put to waste if they can save lives? cial from the Health Ministry was quoted as There being no objection, the article ‘‘Ethics are only a game for those people saying in the China Daily in 1998. ‘‘If it is was ordered to be printed in the who are not sick,’’ says Tan Dau Chin, a done, it is put under stringent state control RECORD, as follows: paramedic who has spent his career working and must go through standard procedures.’’ [From the International Herald Tribune, with dialysis patients in Malacca. ‘‘Let me That view does not jibe with the stories that June 15, 2000] put it this way: What if this happened to patients from Malacca tell, where kidneys you?’’ Simon Leong, 35, a Malaccan who un- are essentially handed out to the highest AN EXECUTION FOR A KIDNEY—CHINA derwent a successful operation two years ago bidders, often foreigners. SUPPLIES CONVICTS’ ORGANS TO MALAYSIANS in Chongqing, says the principle of buying an Mr. Leong, the Chongquing patient, and (By Thomas Fuller) organ is ‘‘wrong.’’ ‘‘But I was thinking, I his wife, Karen Soh, who accompanied him MALACCA, MALAYSIA.—The night before have two sons. Who’s going to provide for to China, say money was paramount for the their execution, 18 convicts were shown on a them?’’ Corrine Yong, 54, who returned from surgeons involved in the operation. They re- Chinese television program, their crimes an- Chongqing two months ago after a successful counted how another malaysian kidney

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17880 CONGRESSIONAL RECORD—SENATE September 13, 2000 transplant patient who suffered complica- the possibility of organ procurement involv- ‘‘Regarding the coordination by the hospital, tions while in Chongqing had run out of cash. ing executed Chinese prisoners. In these con- that is, we must tell them about the situa- ‘‘They stopped the medication for one day, versations, Harry Wu posed as a doctor from tion ahead of time....When the time ‘‘Mrs. Soh said, referring to the anti-rejec- Aruba whose patients were waiting for kid- comes, the hospital’s vehicle will follow the tion drugs. The patient was already very ney transplants. Their conversations re- execution vehicle, from behind. However, the sick and eventually died of infection upon vealed the entire process by which organs of hospital vehicle can’t enter within the warn- her return to Malaysia, according to Mrs. executed prisoners from China’s Laogai are ing security line, they can only park outside Soh. Patients say they are advised by friends harvested and used in transplant operations. of the line. But once the gun shot is who have already undergone a transplant to [All quotes and information in reference to heard...the medical vehicle will come in, bring the surgeons gifts. Mrs. Young brought conversations of Harry Wu and Wang arriving on the site. And if there’s anything a pewter teapot and picture frame. Mrs. Soh Chengyong can be found in the transcripts that can be done on the scene, do that or just and her husband brought a bottle of Martell from case files of The United States of Amer- bring it back to the hospital.’’ Mr. Wang af- cognac, a carton of 555 brand cigarettes and ica vs. Cheng Yong Wang, United States Dis- firmed that due to this efficient process of a bottle of perfume for the chief surgeon’s trict Court, Southern District of New York, retrieval and transport, the organ is only out wife. ‘‘They call it ‘starting off on the right government exhibit 1T.] This evidence con- of the body for a few short hours, preserving foot,’ ’’ Mrs. Soh said. firms the testimonies and reports from many its quality. In the US where organs must be After the operation was complete, the cou- human rights organizations that have re- retrieved from whatever location a donor ple gave two of the doctors ‘‘red packets’’ ported on this practice in years past. happens to die, doctors are often forced to filled with cash: 3,000 yuan ($360) for the A PROSECUTOR’S VIEW OF THE ORGANS TRADE preserve organs outside the body for longer chief surgeon, and 2,000 yuan for his assist- In conversations negotiating potential periods of time. ant. Other patients also ‘‘tipped,’’ although organ deals, Mr. Wang revealed many details THE ISSUE OF CONSENT the amounts varied. It might be tempting to regarding his own role as a prosecutor within In his conversations with Harry Wu, Wang see the market for Chinese organs as part of the process of conviction and execution of Chengyong also mentions the issue of con- the more general links that overseas Chinese Chinese prisoners, and how officials at all sent. According to Wang, consent must only have with the mainland. Many of the pa- levels within this process collaborate to har- be asked of the accused’s family members. If tients are indeed, ethnically Chinese and vest the organs of the prisoners they exe- the family gives consent, authorities are free come from countries—Malaysia, Taiwan, cute. He stated that it could be arranged for to do what they will with the body after exe- Thailand—with either links to the mainland a doctor to come into the detention center to cution. If they refuse their consent, they will or large ethnic Chinese populations. Yet if perform blood tests on prisoners prior to be bribed and coerced until they give in. If a the experience of Malaysian patients is any their execution, matching their blood with criminal has no family, as Wang states the indication, the tip to China provides a severe potential donors and ensuring that they were job is easier still because then consent is of culture shock. Patients recalled unsanitary in good health. These would be the same doc- no issue whatsoever. When asked about con- conditions, and for those who did not speak tors who would administer a shot of anti-co- sent of the prisoner, Wang responds, ‘‘...in Mandarin the experience was harrowing. agulants directly before a prisoner was shot China this thing is different from the United Mr. Leong, who speaks little Mandarin, to ease the process of organ retrieval. was helped by his wife who wrote out a list States, regarding this issue of dead people’s Mr. Wang informed Mr. Wu that he should organs...Death penalty prisoners who are of phrases for her husband to memorize. The prepare his patients for travel to China list included: ‘‘I’m feeling pain!’’ ‘‘I’m being executed...have lost all their polit- around the time of a national holiday. ‘‘Exe- ical rights.’’ In reference to family consent, thirsty.’’ ‘‘Can you turn me over?’’ Mr. cuting criminals during the holidays can Leong would simply say the number that Wang states, ‘‘as long as one gets the fam- frighten criminals and maintain social safe- ily’s consent, and if there is no family, once corresponded to his complaint and the nurse ty,’’ Wang explained. ‘‘Back in China, there would check the list. But more difficult than he is executed, we’ll just directly take the will definitely be executions before May 1st corpses away...It is not necessary to tell communicating is paying for the transplant. (Chinese National Labor Day), there is no For the Leongs it involved pooling savings them about taking their organs.’’ question about that. I have done that for a Due to the phenomenon of migrant labor from family members and appealing for long time . . . In China, every year their funds through Chinese-language newspapers. entering cities all over China, many pris- death-row prisoners total like over 40% of oners have no family in the provine where The cost of an operation amounts to several the whole world’s. Execution by shooting years’ salary for many Malaysians. Yet de- they were arrested. Wang Chengyong esti- happens a lot. Every year, right before the mated that in the prisons of Hainan (one of spite financial problems and culture shock, four festivities take place, a group of people all four patients interviewed for this article China’s booming ‘‘special economic zones’’) will surely get killed, one hundred percent. where he had served as a prosecutor, that said they had no regrets. It has been going on like this for decades.’’ Mr. Yeo enjoys a life of relative normalcy, about one quarter of prisoners had no family When patients arrive in China, there would in the province. Regarding these migrants, maintaining a regular work schedule and be no problem to arrange a spot in a hospital jogging almost every day. He says he was so Wang says, ‘‘say you are a wandering where the operation would be performed. The criminal...And once you wandered to Hai- weak before his transplant that he had trou- Public Security Bureau informs the hospital ble crossing the street and climbing stairs. nan, you got arrested and you’ll be killed of execution dates, allowing doctors to pre- over there. Before you are killed, your fam- Four-hour sessions three times a week on di- dict the time of an operation. Such pre- alysis machines were ‘‘living hell.’’ Does it ily members will be notified...But the diction is completely unheard of in other family members may not necessarily come disturb him that an executed man’s kidney hospitals where organs come from donors is in his abdomen? ‘‘I pray for the guy and to collect the cadaver, he may not have any who must first sign their consent for dona- family members at all.’’ say, ‘Hopefully your after life is better,’ ’’ tion and then die of natural causes before Mr. Yeo said, And has he ever wondered their organs can be removed. COLLABORATION IN THE ORGAN HARVESTING whether the prisoner might have been inno- Organs are harvested at the sight of execu- PROCESS cent? Mr. Yeo pauses and stares straight tion. Mr. Wang referred directly to Chinese In China today, this blatant violation of ahead. ‘‘I haven’t gone through that part— regulations that forbid vehicles that are international standards of medical ethics the moral part,’’ he said. ‘‘I don’t know. I marked as ambulances from entering execu- and human rights law is manipulated to cre- can’t question it too much. I have to live.’’ tion grounds. [On October 9, 1984, a joint reg- ate a moneymaking enterprise for all parties ulation was signed entitled The Provisional involved. As a former prosecutor, Wang WANG CHENGYONG: BROKERING CHINESE Regulations of the Supreme People’s Court, Chengyong also benefited from his role in ORGANS FOR AMERICAN PATIENTS the Supreme People’s Procuratorate, Min- the process, and spoke of how everyone re- In February of 1998, an acquaintance in- istry of Public Security, Ministry of Justice, ceives their own payoff in collaboration for formed Harry Wu of a man named Wang Ministry of Public Health, and Ministry of organ retrieval. Wang named these separate Chengyong who was attempting to arrange Civil Affairs on the Use of Dead Bodies or Or- parties as follows: ‘‘these are the several as- kidney transplants for U.S. patients in the gans from Condemned Criminals. The docu- pects, the Public Security Bureau, the People’s Republic of China. Wu videotaped ment stipulates that ‘‘Vehicles from medical procuratorate, the court, the judicial organi- conversations with Wang, a former pros- institutions may be allowed to enter into the zation, plus hospitals and the families. Let ecutor from Hainan Province in China, who execution ground to remove organs, but ve- us say, there ought to be these six aspects.’’ was attempting to sell kidneys from exe- hicles displaying the logo of medical institu- In negotiations with Mr. Wu, Wang mentions cuted prisoners in China to potential recipi- tions are not be be used.’’] Instead, the each of these parties and calculates a large ents in the U.S. Wu turned over the video marked vehicles wait directly outside the amount of money that he will take from any material to the FBI, who conducted their execution area and within minutes after the individual coming from the U.S. to China own sting operation and arrested Wang. shot is fired, they are permitted inside to re- seeking a transplant operation. As all these Mr. Wu participated in several taped con- trieve organs from the executed prisoners. governmental units collaborate to make this versations with Wang Chengyong discussing Mr. Wang describes the process as follows: process possible, this amounts not to black

VerDate jul 14 2003 13:50 Dec 02, 2004 Jkt 039102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17881 market oriented scandal, but an effort that years there have been credible reports The assistant legislative clerk called is sanctioned, coordinated and carried out by that organs from executed prisoners in the roll. the Chinese government. China were removed, sold, and trans- Mr. NICKLES. I announce that the Many of Wang Chengyong’s most chilling statements involve the vastness of China’s planted. Chinese officials have even Senator from Washington (Mr. GOR- system of removal of organs from executed confirmed that executed prisoners are TON), the Senator from Vermont (Mr. prisoners for use in transplant operations. among the source of organs for trans- JEFFORDS), and the Senator from Ari- According to many of Wang’s statements, plant. Of course, they maintain that zona (Mr. MCCAIN) are necessarily ab- this procedure is highly common in China they get the consent of prisoners or sent. and well known among all participating lev- their relatives before organs are re- Mr. REID. I announce that the Sen- els. He even brags about the execution proce- moved. ator from Hawaii (Mr. AKAKA) and the dures in Hainan Province that are especially Senator from Connecticut (Mr. conducive to kidney harvesting. He says, ‘‘In Needless to say, China’s organ har- Hainan, they shoot at the heart, from the vesting practices are as gruesome as LIEBERMAN) are necessarily absent.–– back. And they have court doctors to con- they are indefensible. But ending trade The result was announced—yeas 33, firm . . . where the bullet enters. Once shot, with China is unlikely to force the Chi- nays 62, as follows: the bullet will just go through the heart . . . nese to change their behavior in this [Rollcall Vote No. 240 Leg.] the heart and the kidney, they are far from area. Indeed, by opening China to trade YEAS—33 each other. The shots will not be off target, and to global standards of economic be- Abraham Helms Santorum lest damaging the kidney.’’ He also quickly havior we may well prod China to Ashcroft Hollings Sarbanes and easily estimates that there will be at Bayh Hutchinson Sessions least 200 executions in Hainan Province abandon its practices regarding organ Bunning Hutchison Shelby every year and that he personally can gain harvesting. Byrd Inhofe Smith (NH) access to kidneys and other body parts from Let us remember as well that H.R. Campbell Kennedy Snowe at least fifty of these 200. He tells Mr. Wu, 4444 establishes a congressional-execu- Collins Kohl Specter ‘‘Chinese hospitals do not lack for cadavers DeWine Leahy Thompson tive commission on China which I be- Edwards Levin Thurmond . . . in China there are too many executions lieve holds promise for pressuring Feingold Mikulski Torricelli by shooting. The medical schools can just China to curb its human rights abuses, Gregg Rockefeller Wellstone get them any time they want . . . China is not lacking in corpses.’’ Later he once again including the grotesque practice of har- NAYS—62 emphasizes this point, ‘‘China has no lack of vesting organs. Allard Durbin Lugar this . . . China lacks other things. China has Therefore, Mr. President, I must urge Baucus Enzi Mack lots of people, lots of death-row prisoners.’’ my colleagues to vote against this pro- Bennett Feinstein McConnell As Wang Chengyong attempted to profit Biden Fitzgerald Miller posal. Bingaman Frist from the harvesting of organs from this Mr. President, I suggest the absence Moynihan Bond Graham Murkowski seemingly limitless supply of death-row pris- of a quorum. Boxer Gramm oners, he mentions the possibility of pro- Murray The PRESIDING OFFICER. The Breaux Grams Nickles curement of kidneys, corneas and other body Brownback Grassley Reed parts. He is an integral part of a system that clerk will call the roll. Bryan Hagel Reid The assistant legislative clerk pro- Burns Harkin perpetuates this practice all over China to Robb the profit of Chinese governmental officials ceeded to call the roll. Chafee, L. Hatch Cleland Inouye Roberts and adding one more gruesome example to Mr. ROTH. Mr. President, I ask unan- Roth the list of human rights violations that Cochran Johnson imous consent that the order for the Conrad Kerrey Schumer occur in the Chinese Laogai system. quorum call be rescinded. Craig Kerry Smith (OR) Mr. SMITH of New Hampshire. Mr. The PRESIDING OFFICER. Without Crapo Kyl Stevens President, I urge my colleagues to vote objection, it is so ordered. Daschle Landrieu Thomas Dodd Lautenberg Voinovich for the Smith amendment on organ Mr. LEVIN. Mr. President, the Smith Domenici Lincoln Warner harvesting. Do not listen to the talk on amendment would require the Congres- Dorgan Lott Wyden the floor that we need to stay together sional-Executive Commission on the NOT VOTING—5 on PNTR and not have any amend- People’s Republic of China to monitor Akaka Jeffords McCain ments which might slow down the the actions of the Government of the Gorton Lieberman process. I urge my colleagues to vote People’s Republic of China with respect The amendment was rejected. yes not only on the Smith amendment to the harvesting of organs from exe- (No. 4131) but other amendments that are offered cuted prisoners. I believe the allega- Mr. MOYNIHAN. Mr. President, I by colleagues that will expose some of tions that Chinese officials harvest or- the basic human rights violations that move to reconsider the vote. gans from executed prisoners are ex- Mr. SANTORUM. I move to lay that have occurred in China and are still oc- tremely serious. However, the Congres- curring in China. It is wrong to look motion on the table. sional Executive Commission already The motion to lay on the table was the other way and to sanction it while has jurisdiction to look at this practice agreed to. we provide aid, food, and trade to this because it is a human rights violation VOTE ON AMENDMENT NO. 4129, DIVISION VI nation. and the Commission has jurisdiction to Mr. ROTH. Mr. President, I ask for Mr. President, I yield the floor and monitor and report on human rights the yeas and nays on the Smith amend- suggest the absence of a quorum. violations in the PRC. This very seri- The PRESIDING OFFICER. The ment. ous allegation should not be singled The PRESIDING OFFICER. Is there a clerk will call the roll. out among all the human rights abuses The assistant legislative clerk pro- sufficient second? of the Chinese government when it is ceeded to call the roll. There is a sufficient second. Mr. ROTH. Mr. President, I ask unan- already covered as part of what the The question is on agreeing to imous consent that the order for the Commission can monitor and report amendment No. 4129, division VI. The quorum call be rescinded. on. clerk will call the roll. The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 4131 The legislative clerk called the roll. objection, it is so ordered. Mr. ROTH. Mr. President, I yield Mr. NICKLES. I announce that the Mr. ROTH. Mr. President, I rise in back the remainder of my time and ask Senator from Washington (Mr. GOR- opposition to this proposal offered by for the yeas and nays. TON), the Senator from Vermont (Mr. my distinguished colleague from New The PRESIDING OFFICER. Is there a JEFFORDS), and the Senator from Ari- Hampshire. I must do so because its sufficient second? zona (Mr. MCCAIN) are necessarily ab- passage will endanger H.R. 4444, not be- There appears to be a sufficient sec- sent. cause of the sentiments expressed in ond. Mr. REID. I announce that the Sen- the proposal. The question is on agreeing to the ator from Hawaii (Mr. AKAKA) and the As the State Department Human Byrd amendment No. 4131. The clerk Senator from Connecticut (Mr. Rights Report of 1999 states, in recent will call the roll. LIEBERMAN) are necessarily absent.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17882 CONGRESSIONAL RECORD—SENATE September 13, 2000 The PRESIDING OFFICER (Mr. Without objection, it is so ordered. makes him do that. That kind of atti- BURNS). Are there any other Senators Mr. ROTH. Mr. President, I yield the tude, when they are caught sending M– in the Chamber who desire to vote? floor. 11 missiles to Pakistan and they are The result was announced—yeas 29, Several Senators addressed the caught sending the ability to enrich nays 66, as follows: Chair. uranium to go into nuclear materials— [Rollcall Vote No. 241 Leg.] The PRESIDING OFFICER. The Sen- they are caught doing all that, with no YEAS—29 ator from Tennessee. sanctions imposed—all of that has re- Abraham Gregg Mikulski AMENDMENT NO. 4132 sulted in a more dangerous world, not Ashcroft Hatch Santorum Mr. THOMPSON. Mr. President, we a new relationship built upon trust and Bunning Helms Sarbanes have had a good debate over the last 2 friendship and a strategic partner- Burns Hollings Sessions or 3 days on the amendment Senator ship—a more dangerous world. Byrd Hutchinson Smith (NH) Collins Inhofe TORRICELLI and I have set forth. We So this is a good debate. My friends Snowe who oppose this amendment say all Craig Kennedy Specter have had a good discussion about the DeWine Kohl Thompson continued reports we have that the that may be true, we may be facing a Dorgan Kyl Torricelli situation where these nations, includ- Feingold Leahy Chinese, Russians, and North Koreans continue to litter this world with ing China, are conducting themselves NAYS—66 weapons of mass destruction. And it in a way that is detrimental to our in- Allard Enzi McConnell endangers our country. terests; they may be making the world Baucus Feinstein Miller a more dangerous place, and especially Bayh Fitzgerald Moynihan Bipartisan groups all across the Bennett Frist Murkowski board, just over the last 2 years, con- the United States. If these rogue na- Biden Graham Murray tinue to remind us of this threat that tions have the ability to hit countries Bingaman Gramm Nickles is growing—it is not diminishing; it is with their missiles, containing biologi- Bond Grams Reed cal weapons that are indescribable in Boxer Grassley Reid growing. These same people tell us that Breaux Hagel Robb the key suppliers are these three coun- their effect, I doubt if it is going to be Brownback Harkin Roberts tries. Switzerland they choose to threaten Bryan Hutchison Rockefeller with this type weapon. We are on the Campbell Inouye Roth As late as 1996, we were reminded, Chafee, L. Johnson Schumer once again, that the People’s Republic front line. We have a right to be con- Cleland Kerrey Shelby of China was the worst proliferator of cerned. Cochran Kerry Smith (OR) Apparently we are concerned, be- Conrad Landrieu Stevens weapons of mass destruction in the en- tire world. We have had a good discus- cause we are now in the midst of a de- Crapo Lautenberg Thomas bate on a national missile defense sys- Daschle Levin Thurmond sion on that. We have had a discussion tem because of this very threat. Yet as Dodd Lincoln Voinovich about the fact that the leaders of the Domenici Lott Warner we consider this new trading relation- PRC have told us they are going to Durbin Lugar Wellstone ship with China, some of us are refus- Edwards Mack Wyden continue to do that, whether we like it ing to consider the fact that China is or not, as long as we talk about pro- NOT VOTING—5 one of the primary reasons we have tecting ourselves with a missile de- Akaka Jeffords McCain this threat because they are supplying fense system and as long as we con- Gorton Lieberman these rogue nations with this weap- tinue to befriend Taiwan. The amendment (No. 4129), division onry. We have sent three delegations of dis- VI, was rejected. There is no need to go through the Mr. ROTH. I move to reconsider the tinguished Americans and leaders, the list again and again and again and vote. Secretary of Defense, the Secretary of again, the public list—not to mention Mr. MOYNIHAN. I move to lay that State, high-level people, to try to get the classified list that cannot be dis- motion on the table. them to relent and stand down from ac- closed—of proliferation activities and The motion to lay on the table was tivities that endanger us, our children, the charts we have shown about the agreed to. and our grandchildren and make this missile technology they are sending The PRESIDING OFFICER. The Sen- world a more dangerous place. The and the missile components they are ator from Delaware, Mr. ROTH. leadership of the Chinese Government sending—our CIA reports indicate the Mr. ROTH. Mr. President, I ask unan- give us basically the back of their missile activity with regard to Paki- imous consent that I be recognized at hand. They make no pretense that they stan is increasing. Practically on the 1:45 p.m. today to call for the regular are not going to act any differently in eve of the vote for this new strategic order with respect to the Thompson the future. relationship, this new partnership that amendment No. 4132. So the issue presented to us is: Are is going to enrich us, they are bla- The PRESIDING OFFICER. Is there we, the United States of America, the tantly increasing their activity. This is objection? most powerful country in the world, what we are facing. Without objection, it is so ordered. going to do anything about it? That is It has been a good discussion. I dis- Mr. ROTH. With this agreement in the issue before us today. agree with my friends who think even place, all Senators should know that a We have set forth an amendment though we have this facing us, we motion to table the Thompson amend- which basically tracks a lot of legisla- should put it aside for another day. We ment will occur at approximately 1:45 tion that is already on the books in don’t have a solution. We haven’t done p.m. Therefore, the next vote will terms of cutting off military-related anything in the past. There is no rea- occur at approximately 1:45 p.m. today. items and dual-use items to these gov- son to think we are going to do any- I now ask unanimous consent that ernments if they are caught in this ac- thing about it in the future. There is time prior to votes relative to these tivity. But what we add is a more ex- certainly no reason for the Chinese amendments be limited to 1 hour tensive reporting requirement so we Government to think we are going to equally divided per amendment, with have a better understanding and a do anything about it in the future. no second-degree amendments in order more detailed understanding than the Wait for our friends and our allies to prior to these votes. The amendments reports we receive now give us. come together so we can have a multi- are as follows: Helms No. 4123, Helms Under our amendment, it makes it a lateral approach. That sounds pretty No. 4126, and Helms No. 4128. I further little bit more difficult for a President good, but how long has it been since we ask consent that Senator HELMS be to game the system. The President, of have had a multilateral approach on recognized at 2:30 p.m. today to begin course, has been quoted as saying that anything? We don’t have the ability in debate on amendment No. 4128 regard- when the law requires him to impose this country anymore to rally our al- ing forced abortions. sanctions on a country that he does not lies as we once did, much less do some- The PRESIDING OFFICER. Is there want to impose on them, sometimes he thing that might cost them some trade objection? has to fudge the facts, and the law dollars.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17883 We have a threat to this country. ment is to look after matters such as Chemical Weapons Convention. The Clearly a multilateral approach would this. Chinese Government has joined the Bi- be preferable, but if we can’t do that, It is a good debate. We have had a ological Weapons Convention and the as we obviously can’t because we good back and forth for the most part. Comprehensive Nuclear Test-Ban Trea- haven’t, then we have to take action We steer off course a little bit every ty. The only problem with that is they on our own. once in a while. Unfortunate state- have routinely violated every treaty So what do we do? Cut off agricul- ments are made on all sides, but that they have ever joined. And they won’t tural products? Cut off trade across the happens when issues are important. We join the ones that require safeguards so board? Cut off automobiles and all spend enough time around here on people go in and inspect these facili- that? No. If they are caught doing that, things that are not important. It is ties. He complains that it applies a dif- we cut off military equipment. We cut kind of rejuvenating when we are actu- ferent standard for some countries. off dual-use items and others of that ally talking about something that is. I Well, yes, it does. Why is that? Because nature. We tell them their companies can’t think of anything more impor- our intelligence agencies have identi- can’t continue to use the New York tant than this. fied certain countries as being key sup- Stock Exchange to raise billions of dol- But it has taken on a new dimension. pliers of weapons of mass destruction. lars when our Deutch Commission tells This issue has taken on a new dimen- Do we not have a right to identify us that some of the worst proliferators, sion now because what we have seen is them and single them out? Have they these companies that are doing this ac- unprecedented lobbying and pressure not earned that privilege? tivity that are owned by the Chinese efforts to defeat the Thompson- I think the integrity of the Senate is Government, are raising billions of dol- Torricelli amendment. I hope we don’t at stake with this kind of pressure lars in our stock market. Does that flatter ourselves with that assessment. being brought to bear on a matter of make sense? Surely we have peace and Lobbying and pressure are fairly com- national security by those who do not prosperity now, but how long are we mon around here. People have a right know anything about issues of national going to have it? How long can we be to express their opinions. security. oblivious to what is going on around But on this issue—not on any of Many of my colleagues here, of us? these other issues, apparently, but on course, are experts in this area—some We are having this debate. Reason- this issue—it has brought out those of them. But these folks who call them- able people can disagree. Some say we who fear that in some way some trade selves corporate leaders—and I don’t should not get all this caught up in might be affected. Never mind that we think there are many of them, but they trade policy; We should keep our focus have taken agriculture and American are very intense and are interested in on trade; that trade is important; that businesses off the board; they are not trade, so more power to them—appar- we need to not complicate the trade involved in this at all. Never mind that ently now they have taken on addi- issue. No one here has had a more con- it is not a general goods sanction or tional portfolios. They have responded sistent record than I in terms of free anything such as that that we are nar- to a higher calling involving issues of trade. I believe in it; whether it is rowly focused on here. They just be- war and peace. Now they advise us as NAFTA or fast track for President lieve that in some way it might irri- to what we should or should not do Clinton, I believe in it. Free trade can tate the Chinese and they might retali- with regard to these proliferation lead to open markets. Open markets ate in some way. We can’t afford to ir- issues. Why do I say that the integrity of the can lead to more open societies. Even- ritate them. What we need to do is con- Senate is at stake, and that there are tually, in the long run, it can have a tinue down the road of giving them those out here who on this vote are WTO, give them veto power on our na- beneficial effect. I think it is going to trying to emasculate the process with tional defense system, turn a blind eye be a much longer run in China than a the proposition that the House can act, to their theft of our nuclear weapons, lot of people think, but that is another and when they act and put in all of turn a blind eye to the proliferation ac- story. I am for that. their favorite causes, justified as they This is different. This is not just a tivities, go over to Taiwan, adopt the are, including Radio Free Asia and trade issue. In fact, it is not a trade three noes the Chinese want us to do things such as that, which they try to issue at all. It should not be lumped in and put our allies in Taiwan in a nerv- express a concern about and all that, as a trade issue. I tried my best to get ous state. We need to continue down and God bless them, that is fine; but it a separate vote on our amendment for that road because it has gotten us so comes over to the Senate and we are 2 months. The supporters of PNTR ap- far, it has done so much for us, that is supposed to rubberstamp whatever it is parently thought it would be easier to the way we need to continue. that is in that House bill. defeat me if they forced me on to this I picked up the New York Times this Why is that? Even though this is PNTR bill. So that is where we are. So morning and read in an article by Eric such an overwhelmingly obvious boon be it. Schmitt the lead paragraph: to the United States, they are fearful But this is a national security issue. Corporate leaders and several of President that if we add our concerns about nu- Some would say this is one of those Clinton’s cabinet officers intensified pres- sure today on wavering Senators . . . clear proliferation to that list of items, rare circumstances that we see every if it goes back to the House, even once in a while where we have legiti- All you wavering Senators out there, though they won by a 40-vote margin, mate free trade interests we want to I extend my condolences because ap- at the last minute people going into an promote and expand, even with those parently corporate leaders and the election will switch their votes. They who are guilty of human rights viola- White House have stepped up the pres- will look at our bill and say: My good- tions, even with people with whom we sure. I don’t know why. They have said ness, it has a proliferation aspect to it strongly disagree, even with people all along they have the votes to beat and we can’t vote for that. who proliferate. Thompson-Torricelli. I don’t know why Ridiculous. It would not be 24 hours I intend to support PNTR. But what all of the nervousness. I don’t know before the deed would be done. That Senator TORRICELLI and I are saying is why all of the intensity. The President battle has been fought and won. We are that along with that, not in opposition now has sent out a letter that says, going to pass PNTR. The real question to that, or not as substitute for that, among his complaints, that our amend- is, Are we going to relent to the pres- we must take into consideration the ment is unfair. I assume unfair to the sure being applied? totality of our relationship with this Chinese Government. That is such a re- Exhibit B is the same New York country because they are doing things markable statement, I don’t think I Times article: that are dangerous to this Nation. That even need to reply to it. Thomas J. Donohue, president of the is the primary obligation of this Na- He also has a problem because he United States Chamber of Commerce, tion. The preamble to our Constitution says they have joined the nonprolifera- warned of retribution against senators who says the reason we even have a Govern- tion treaty. They have joined the support the Thompson-Torricelli measure.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17884 CONGRESSIONAL RECORD—SENATE September 13, 2000 In case anybody thinks they There are no tanks bought; there is plications for national security, for misheard what I said, let me read that nothing sold. All of the lobby, all of the peace, and stability in the Asia Pacific again: pressure, all of the threats are on one region. To pass it without careful anal- Thomas J. Donohue, president of the side. So why it would be that the oppo- ysis, without full hearings, and with- United States Chamber of Commerce, nents of our amendment who claim out careful judgment is something to warned of retribution against senators who they have the votes don’t want to even which I am not willing to be a party. support the Thompson-Torricelli measure. give us a vote is something that per- There have been no hearings on this or You know, it would be comical if it haps ought to be contemplated. any draft of this legislation. The Na- were not so serious. One of my great Could it be that people really don’t tional Security Council and the State disappointments in this debate is that want to go on record because they real- Department have not had the oppor- there have been some business leaders ize they are casting their fate to the tunity to provide a full analysis of this who have been drawn into this who good graces of the leadership of the latest version of the amendment or as- really have no dogs in this fight be- Chinese Government—and they have a sess its likely short- and long-term im- cause their businesses are not even af- consistent pattern of this activity and pact. fected, but they have been told they we catch them from time to time? It is I am one of those who believes it are affected. They put their blinders on going to continue and we are going to would, in fact, doom giving China per- and they justly argue the benefits of continue to catch them. Could it be manent normal trading status. I am trade. But they resent it, when we have that some people don’t want to have simply not willing to do that. Most im- been elected by the entire population— cast a vote against a modest attempt portantly, from what I have been able people who are not corporate leaders— for a better reporting requirement, a to perceive, I believe the legislation when we address in addition to that more transparent process, giving Con- has serious flaws. matters of national security. gress an opportunity, in unusual cir- First, it focuses on three countries. That is very disappointing. It should cumstances, to have their say? It separates them from all the other not be that way. I don’t think some of Again, there are two issues here now, countries. It applies a standard to these people really represent who they it seems to me. One is on the merits them that exists for no one else. And I pretend to represent. I don’t know of and another is the integrity of the Sen- do not believe that is in the best inter- anybody who has a better record of ate and how we are going to handle ests of sound decisionmaking. Second, the mandatory sanctions put voting with the Chamber of Commerce this issue. in place by this amendment have hair position than myself, whether it be I yield the floor. triggers which are tripped by minimal taxes or regulation or any of those The PRESIDING OFFICER. The Sen- evidence—indeed not necessarily even matters. Some of my friends in the ator from California is recognized. evidence. The raw intelligence data Chamber of Commerce in Tennessee Mr. GRAMM. Will the Senator yield that provides the ‘‘credible informa- are here. I haven’t talked to them yet. for a unanimous consent request? tion’’ trigger of this amendment re- But I will bet you that to a person they Mrs. FEINSTEIN. Yes. quires followup, substantiation, and will say: Thompson, we elected you to Mr. GRAMM. Mr. President, I ask analysis before it is used to initiate ac- look out for these things. We are for unanimous consent that when the Sen- tion. It should be the starting point for trade and we want trade, but if you ator from California finishes, I be rec- processes that weigh options and con- think that in addition to that we need ognized for 10 minutes. sider appropriate action, not an end to send a signal about people who are The PRESIDING OFFICER. Is there point that instantly triggers strong re- making this a more dangerous world objection? sponses. for our kids, you send that signal; we Mr. TORRICELLI. Reserving the Let me give you one example: In 1993, expect that of you. And if by some un- right to object, if the Senator will the Yin He incident, where based on foreseen circumstance we lose a dollar, amend the request that I be recognized ‘‘credible information’’ the United so be it. following him, I will not object. States publicly accused China of ship- I think that is the way most people Mr. BIDEN. Reserving the right to ping proscribed chemical precursors to think. I think that is the way most object, I would like to follow the Sen- Iran. The Chinese freighter in question businessmen and businesswomen think. ator from New Jersey, as well. I have was diverted and every single container I think that these little people who been waiting. searched, at great cost and inconven- strut around up here making implied Mr. MOYNIHAN. Mr. President, ience to all involved. There were no threats on campaign contributions and might the chairman present a request banned chemicals aboard. The Thomp- warning us of how we ought to vote for in writing as to the timing? I think we son amendment would have mandated this, that, and the other, who don’t can get that up right quick. sanctions. know what they are talking about, Mr. ROTH. In the meantime, let the Second, there is no way to target the need to be taken down a notch or two. Senator from California proceed. sanctions which would be triggered by I haven’t been around here very long, The PRESIDING OFFICER. The Sen- this amendment, and no effective Pres- but I have never seen anything such as ator from California is recognized. idential waiver for national security that. He is warning of those who allow Mrs. FEINSTEIN. Mr. President, I interests. It is a blunt instrument more these folks to get tangled up in the pol- rise to oppose the Thompson amend- likely to hurt American interests than itics of nuclear proliferation. That is ment, and then I hope I can make a few to change China’s behavior. the small-mindedness we deal with comments on what I believe to be one Third, the amendment invites diplo- here regarding this statement. of the most important pieces of legisla- matic and, yes, maybe even legal prob- I feel sorry for the men and women tion on which this Congress will be vot- lems with other countries, including out there in all the Chambers of Com- ing. Let me begin by saying this. If I allies. The amendment as drafted could merce around this country, to have believed this amendment would keep create a situation whereby sanctions this kind of representation in the New our country safe, I would vote for it. I would be placed on corporations of al- York Times and how people think that do not believe that is the case. Rather, lied countries that are not acting ille- that represents their idea of the prior- I believe the amendment is deeply gally. ities that we have in this country. The flawed and it has major procedural and Fourth, especially chilling is the way lobby is intense. I assure you it is on review problems. I want to point those in which the amendment’s wording one side. out. could, in effect, blacklist any company You will not see the Halls littered Let me say, first of all, to most of us, tagged as a proliferating agent under with people out here saying ‘‘keep our the draft of this amendment was avail- this amendment’s low standard of country safe.’’ There are no lobbyists able Monday night, a little more than proof. being paid to do that. No one makes a day ago. Yet it is a major, long-range These are just a few of the examples any money off of our amendment. piece of legislation that has major im- of some of the problems with this

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17885 amendment. Several of my colleagues na’s vast markets, while Britain, more open, a more pluralistic and freer have discussed other shortcomings at Japan, France, and all other WTO na- society. How do we convince China to greater length. tions are allowed to trade with few bar- make the political, economic and so- Automatic sanctions set off by low riers. cial changes that will help China thresholds of evidence offer little to In my view, this has been an inter- evolve the leadership that will make it entice allies to join us in implementing esting exercise because it has been guarantor of peace and stability in the an effective sanctions regime, but they highly politicized. The bottom line is if Pacific rim, throughout Asia and the most certainly will damage U.S.-China we don’t grant China PNTR based on world? relations. They most certainly will the November bilateral agreement, an I am convinced that Congress will de- weaken our ability to engage the Chi- agreement in which the United States bate few issues more important this nese in any kind of worthwhile dialog received many important trade conces- year than the question of China’s entry or influence them to change their be- sions and gave up nothing, we effec- into the World Trade Organization and havior. tively shoot ourselves in the foot. We whether or not we will deal with the I urge my colleagues to join me in take ourselves out of the agreement, Chinese on the basis of a permanent opposition to this amendment. China still goes into the WTO, and normal trade relationship. Let me, if I might, say a few things those other strategic trading blocks Trade means change in China. Eco- about the bilateral agreement that such as the European Union receive the nomic engagement with the United really is the issue before us today. I re- benefits of the bilateral agreement. We States has been one of the prime moti- viewed it carefully, and I believe that do not. vating factors in China’s decision to in this agreement China has made sig- I think it is much broader than this. move toward a market economy and nificant market-opening concessions to But I think there is an ultimate issue away from its self-isolation of decades. the United States across virtually at stake. That is this: The People’s Re- The past 20 years have brought massive every economic sector. public of China is today undergoing its social reform and economic advance- For example, on agricultural prod- most significant period of economic ment for China’s people. I remember ucts, tariffs will drop from an average and social activity since its founding 50 the first time I traveled to China in of 31 percent to 14 percent by January years ago. The pace is fast and the 1979. I saw a land of subdued people, of 2004. Industrial tariffs will fall from changes are large. grey Mao suits, few consumer goods, no an average of 24.6 percent in 1997 to 9.4 I am one who studies Chinese his- conveniences, poor living conditions percent by 2005. tory. I have been watching China for and little personal, economic or polit- China agrees to open up distribution over 30 years. I made my first trip in ical freedom. The economy was all cen- services, such as repair and mainte- 1979. I try to visit China every year, if trally controlled; little private prop- nance, warehousing, trucking, and air I can, and I have watched and I have erty and private business existed. courier services. seen. Today, the goods, services, housing, Import tariffs on autos, now ranging In a relatively short time, China has and freedoms available to residents of between 80 percent and 100 percent, are become a key Pacific rim player, and a Chinese cities like Beijing, Shanghai, broken down to 25 percent by 2006 with major world trader. It is a huge pro- and Guangzhou are greatly improved. tariff reductions accelerated. ducer and consumer of goods and serv- People have become interested in what China will participate in the Infor- ices—a magnet for investment and happens outside of China. People will mation Technology Agreement and will commerce. Because of its size and po- speak more freely. Living standards eliminate tariffs on products such as tential, the choices China makes over are higher. China is increasing turning computers, semiconductors, and re- the next few years will greatly influ- to private ownership—as much as 50 lated products by 2005. ence the future of peace and prosperity percent of the economy is in private It will open its telecommunications in Asia. hands in boom areas like the Pearl sector, including access to China’s In a very real sense, the shaping of River Delta in Southern China. growing Internet services, and expand Asia’s future begins with choices Large, inefficient state enterprises investment and other activities for fi- America will make in how to deal with are closing or being converted to pri- nancial services firms. China. vate ownership. Entrepreneurship is on The agreement also preserves safe- I come from a Pacific rim State; 60 the rise in the cities in much of the guards against dumping and other un- percent of the people of the world live countryside. Cutting our bilateral eco- fair trade practices. Specifically, the on both sides of the Pacific Ocean. The nomic ties will accomplish nothing ex- ‘‘special safeguard rule’’—to prevent trade on that ocean long ago over took cept to turn back the clock in China to import surges into the United States— the trade on the Atlantic Ocean. It is, favor more government controls, seek will remain in force for 12 years, and in fact, the ocean of the future. to isolate this growing economy, and the ‘‘special anti-dumping method- We can try to engage China and inte- very likely strengthen repressive polit- ology’’ will remain in effect for 15 grate it into the global community. We ical interests linked to protectionism years. can be a catalyst for positive change. and economic nationalism within the No matter how you look at it, this Few objective observers would argue PRC. benefits the United States. that despite the problems that still re- It is evident to me that flourishing I think many people have confused main, there have not been significant business relationships have developed this PNTR vote with a vote to approve benefits and advances in China that increased contacts, improved mutual China joining the World Trade Organi- have come from two decades of inter- understandings, and personal relation- zation. It needs to be understood that action with the United States and the ships between Americans and Chinese. China will likely join the WTO within West. Or, we can deal antagonistically This, in turn, has fostered many posi- the next year regardless of our action. with China. We can lose our leverage in tive changes, as different ways of The issue will, in fact, be decided by guiding China along positive paths of thinking percolate through Chinese so- the WTO’s working group and a two- economic, political, and social develop- ciety at many levels. It is there; I have thirds vote of the WTO membership as ment, and sacrifice business advantage seen it. American firms have brought a whole. to competitor nations while gaining new management styles, innovative Under WTO rules, only the countries nothing in return. ideas, and new work styles to China. that have ‘‘nondiscriminatory’’ trade As I see it, for the foreseeable future Through their presence in China’s practices—that is PNTR—are entitled America faces no greater challenge economy, Americans have spread their to receive the benefit of WTO agree- than the question of how to persuade corporate philosophies, teaching Chi- ments. Without granting China perma- China that it is in China’s own na- nese entrepreneurs, managers, and nent normal trading status, the United tional interests to move away from au- workers about market economics, com- States effectively cuts itself out of Chi- thoritarian government and toward a mitment to free flows of information,

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17886 CONGRESSIONAL RECORD—SENATE September 13, 2000 the rule of law—the most important by WTO decisions concerning trade dis- U.S.-China relationship. I believe that thing—dedication to environmental re- putes. not only do we shoot ourselves in the sponsibility, and worker rights and The November 15, 1999 U.S.-China foot by denying PNTR, we strike a safety. WTO Agreement marked successful blow against encouraging China to see Yes, it is far from perfect. But are completion of 13 years of difficult U.S.- that it is to its interest to make the things changing? The answer by any China negotiations. necessary changes, to understand that objective criteria has to be yes. Are I, for one, am convinced that normal- it, too, by open doors, more ties across there flaws? Are there problems? Does izing our trade relationship with China the Pacific, more pluralistic govern- China very often do stupid things? Yes: is absolutely in our own best interest. ment, more freedoms for its people The crackdown on Falun Gong, in my But it is absolutely in the best inter- evolves as a stronger nation, not a view a stupid thing, an unnecessary ests of seeing China becoming a plural- weaker nation. That was the case with thing, something that, once again, istic society, of developing the concern Taiwan. That has been the case with pushes it backwards rather than for- for human rights that we in the West- South Korea. I submit to you, Mr. wards. Its treatment of Tibet—has ern World hold so dear, of under- President, it is the case of virtually China done the wrong thing? Abso- standing the freedoms provided to us every country that lives under dicta- lutely. For 10 years I have been saying because of our due process of law, of torship or absolute rule. that and will continue to say it. It understanding how important it is that Pluralism results from an evolution makes no sense for a great nation to a judiciary be independent from the and a growth in human standards, in treat a major minority the way in politics of government, having a mod- economic standards, in interaction which the Tibetan people are treated. I ern commercial code and a modern with the rest of the world. China will will say that over and over again. I will criminal code. None of these things be no different if we enable it to open work to change it. And one day we will China has today. itself to the world. We should be pru- succeed and do that, too. But we can- As has often been said, it has to be dent, we should be watchful, we should not do it if we isolate China. We cannot remembered that China, for 5,000 years, be strong, we should confront them do it if we play into the hands of the has been ruled by despotic emperors where wrong—no question about that. I hardliners. We cannot do it if we create and for 50 years by revolutionary lead- believe we have the adequate tools to the kind of adversarial relationship ers who had no education. This is real- do it. that is determined to make China into ly, in over 5,000 years, the first time I have seen sanctions placed since I the next Soviet Union. I believe that this largest nation on Earth has had an have been in this body, and I do not be- firmly, and 30 years of watching has educated leadership who is now, today, lieve the amendment before this body confirmed it. striving to open the door to the West- will encourage the kind of behavior American firms exercise a very real ern World. that can enable China to eventually be influence over the changes occurring in Remember the Boxer Rebellion? Re- a stable, sound partner anywhere in Chinese society. That influence will member what happened? Remember the the Pacific or elsewhere. I feel very not survive the elimination of PNTR. humiliation, the isolation of China, strongly about this. I thank the Chair American businesses in China bring and look what happened. We now have for his forbearance. I yield the floor. American values to China. But, they a chance in this legislation to take a Mr. LOTT. Mr. President, I support cannot bring them if their ability to different course. Most importantly— and will vote for granting permanent operate is undercut. History clearly and this is what has amazed me so normal trade relations status to the shows us a nation’s respect for political much about this debate—PNTR is People’s Republic of China . pluralism, human rights, labor rights, nothing special. It simply means we I will do so because the agreement and environmental protection grows will conduct our trade with China in negotiated between the United States alongside that nation’s positive inter- the same manner and under the same and China will help level the playing action with others and achieving a rules that we conduct trade with al- field for a wide range of American com- level of sustainable economic develop- most every other nation in the world. panies who seek to do business in ment and social well-being. In fact, there are only six countries China. People who have a full stomach then with which we do not have normal I also support the bipartisan amend- begin to say: What is next? People who trade relations—Afghanistan, Cuba, ment offered by Senators FRED THOMP- have an education then begin to ques- Laos, North Korea, Serbia-Montenegro, SON and ROBERT TORRICELLI to require tion the leadership. That will happen and Vietnam. All of them are small na- certain reports and to impose sanctions in China just as it did in Taiwan, just tions. on entities identified by the President as it did in South Korea. Not too long In my view, the damage of denying for their sale or transfer of dangerous ago, both were governed by dictator- China permanent normal trade rela- technology to rogue regimes. ships. Given a chance, China can tions would strike even deeper. Puni- We cannot stand idly by while China change as well. tive U.S. economic policies aimed at continues to proliferate nuclear weap- If we are serious about building a unpalatable Chinese domestic practices on and missile technology to unstable peaceful, prosperous and stable Asia, if will not only cut into American jobs, it regions. we are serious about being a force for will slice at China’s newly emerging There are numerous reports that this good in the Pacific rim in the 21st cen- market-oriented entrepreneurial class, pattern of dangerous behavior by Bei- tury, if we are serious about working the driving force behind the very jing is continuing. For example, the to bring about democratic reforms, changes we seek to cultivate without CIA Director George Tenet recently human rights reforms, and labor re- eliminating the targeted abuses in Chi- issued a report to Congress on recent forms in China, we also must establish nese society. What kind of sense does developments in proliferation. permanent normal trade relations with that make? That report asserts that China has China. This is part of the equation for Responsible American voices in busi- increased its missile-related assistance making China into a member of the ness, in education, in law, and in reli- to Pakistan and continues to provide WTO and the world community as a gion understand that attacking China missile-related assistance to Iran, whole, and saying that China must, in through economic ties is counter- North Korea, and Libya. return, play by the same rules all other productive. It endangers the very so- These are governments which our members follow. It also exposes China cial elements within China that are own State Department has labeled as to sanctions in the WTO should they most compatible with ethical Amer- state sponsors of terrorism. not. As a WTO member, China commits ican norms. Who are the ultimate targets for to eliminate barriers to its markets; to Trade relations do not only benefit these missiles and nuclear and chem- accept WTO rulings concerning trade business. They are a key part of the ical weapons in the hands of terrorist practices and procedures; and to abide foundation that supports the entire states? It is the American people, our

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17887 friends and allies, and our military covered countries, it also opens the by China’s reckless proliferation of nu- forces deployed in hot-spots such as the door to possible sanctions on our clos- clear, missile and other technologies, Persian Gulf. est allies. This is because of the re- and as chairman of the Intelligence Let me state it differently: When quirement that countries listed in the Committee, with responsibility for our China proliferates dangerous tech- annual section 721 report that is man- intelligence efforts against this critical nology to dangerous states, it directly dated under the fiscal year 1997 Intel- national security threat. and very negatively affects our na- ligence Authorization Act be covered While this amendment applies to tional security. by this amendment. This report singles other countries, including Russia and The Clinton administration says it, out those nations that are a source of North Korea, we are considering it in too, is concerned about this behavior. dual-use technology which, in recent the context of Permanent Normal But it has failed—resoundingly failed— years, has included such countries as Trade Relations for the People’s Re- to stop it. Our CIA tells us that these Germany, Italy, and the United King- public of China, or PNTR. Therefore, activities are on-going today. dom. I do not believe that sanctioning my remarks will, for the most part, So we need to do more, and this bi- our closest allies—those that tradition- focus on that country. partisan amendment makes a strong ally support our interests—will further I should say at the outset that I in- statement that either this prolifera- our non-proliferation goals. Further- tend to support PNTR because I believe tion behavior stops or real and credible more, using unilateral sanctions rather that, on balance, taking this step will penalties will be imposed. than working with our allies to develop further U.S. national interests. I say to my colleagues who, like me, multilateral strategies is not the most But China remains, in the words of support granting PNTR for China: effective means of curtailing prolifera- the Director of Central Intelligence, a Let’s not lose sight of the national se- tion. ‘‘key supplier’’ of sensitive tech- curity issues at stake here. Another concern with the amend- nologies to Iran, Pakistan and other I, like Senator THOMPSON, would have ment is that the sanctions would deny countries. preferred to consider this important all state-owned enterprises of a covered I remind my colleagues that the In- legislation on another bill and not on country access to U.S. capital markets. telligence Committee has prepared and H.R. 4444. In fact, I made every effort This was one reason why Alan Green- made available to Members a summary to see to it that the Thompson- span publicly spoke out against this and compendium of recent intelligence Torricelli legislation could be consid- amendment at a hearing of the Senate reporting on PRC proliferation. It re- ered either as a free-standing measure Banking Committee. He stated that mains available for your review. or as an amendment to some other ‘‘. . . to the extent that we block for- I understand that only a handful of piece of legislation. eigners from investing or raising funds Senators have availed themselves of However, my efforts to have the in the United States, we probably un- this opportunity. I urge each of you to Thompson-Torricelli amendment con- dercut the viability of our own sys- review this very disturbing and reveal- sidered separate from the China PNTR tem.’’ ing material. Without having done so, Finally, I am concerned that this legislation was blocked. you will be voting on this amendment amendment will not provide the nec- Therefore, we now are faced with a ignorant of the facts as we know them. essary flexibility for the executive and vote on the Thompson-Torricelli Whether you choose to vote for or legislative branch to conduct policy on amendment on H.R. 4444. Given this against this amendment, you must not proliferation issues. The amendment situation, I will support the amend- do so without a full appreciation of the gives the President only 30 days from ment and oppose the motion to table. facts. the time he issues a report to Congress Mrs. BOXER. Mr. President, I share Suffice it to say that China has not on proliferation to impose five unilat- Senator THOMPSON’s and Senator improved its poor proliferation record. eral mandatory sanctions. After the TORRICELLI’s concerns about weapons In light of the poor Chinese prolifera- President makes this determination, proliferation, and I appreciate their tion record, I believe that risks associ- the amendment allows for as few as 20 bringing this important matter up for ated with approving PNTR are man- Senators to initiate a reversal of the debate in a non-partisan fashion. How- President’s decision. It would take aged better if the Thompson-Torricelli ever, I believe that the amendment only 20 Senators to ensure that a reso- amendment is enacted with our new they have offered to H.R. 4444, legisla- lution of disapproval be referred to the trade relationship with China. tion that will grant permanent normal Committee on Foreign Relations. The Since the sponsors and other Sen- trade relations to the People’s Repub- committee would then only have 15 cal- ators are addressing the threat to our lic of China, does not address the issue endar days to consider such a resolu- national security posed by Chinese pro- in the most positive way. tion. If the resolution is not reported liferation, I will focus primarily on My first concern with the China Non- in that timeframe, it would be sent to some of those aspects of the problem of proliferation Act is with the name the floor with debate limited to 10 greatest concern to the Intelligence itself. The original legislation proposed hours and a vote required within 15 Committee. by the sponsors of this amendment spe- days. Given the inadequate evidentiary Tracking the proliferation of weap- cifically singled out China. But, the standard of ‘‘credible information’’ ons of mass destruction has been current amendment adds North Korea that is provided for in this amendment, among the Intelligence Committee’s and Russia as nations that are named this expedited procedure is a recipe for very highest budgetary priorities. as covered countries under this pro- bad policy. This is because proliferation is one of posal. I believe it is correct to expand I do look forward to discussing this our most daunting and resource-inten- the list of initial countries beyond matter further both here on the Senate sive intelligence challenges. The mate- China, but I still feel that on the issue floor and within the Senate Foreign rials and technology to build nuclear, of proliferation, every country should Relations Committee. This complex biological, and chemical weapons and be treated with a uniform standard. issue requires further review and de- the missiles to deliver them are not The second concern is that this bate separate from the current busi- shipped in the open. They are smuggled amendment attempts to curtail the ness of granting permanent normal across borders and shipped under false spread of weapons with a unilateral trade relations to the People’s Repub- documents. rather than a multilateral solution. It lic of China. Vital technical support to a coun- is clear to me that this issue is suffi- Mr. SHELBY. Mr. President, I rise to try’s missile or nuclear program may ciently complex to demand the co- express my support for the Thompson- fit on a single computer disk or take operation of the international commu- Torricelli amendment, or the ‘‘China the form of clandestine visits by tech- nity in stopping the proliferation of Nonproliferation Act.’’ nical experts. weapons. While this amendment singles I do so as a Senator who has long The materials used in making weap- out North Korea, Russia, and China as been concerned about the threat posed ons of mass destruction and their

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17888 CONGRESSIONAL RECORD—SENATE September 13, 2000 means of delivery are often dual use, I am hopeful that the Thompson- However, he must specify his reasons meaning that they may also be used for Torricelli amendment will force a more for doing so, and Congress may dis- peaceful purposes. robust response to the intelligence col- agree through procedures set out in the Our intelligence analysts must com- lected on proliferation. Under this bill. This legislation will make Presi- pile all the facts to determine the like- amendment, policy makers will be dential decision-making more trans- ly use of these materials. This really is forced—on an annual basis—to collect parent and will ensure that the Presi- rocket science, and nuclear science, the evidence of proliferation and pro- dent’s decisions are based on the best and biological and chemical science. vide a report to Congress. intelligence available. Tracking proliferation is not only This report will be more comprehen- Mr. President, would our citizens difficult, it is a critical mission. Time- sive and focused than those we have re- want to continue to sell items on the ly intelligence provides us with the in- ceived to date. United States Munitions List to an in- The report must identify persons formation we need to support our ef- dividual that has ‘‘contributed to the forts to deter or dissuade countries, from China, Russia, North Korea and other states when there is credible evi- design, development, production, or ac- like the People’s Republic of China and quisition of nuclear, chemical, or bio- Russia, from selling nuclear, chemical, dence that this person has contributed to the design, development, production, logical weapons or ballistic or cruise biological or missile technologies to missiles’’ for a third party or state. rogue states or regions of instability. or acquisition of nuclear, chemical, or biological weapons or ballistic mis- Would our citizens want to continue When deterrence and dissuasion fail, to license dual-use items that could timely intelligence also will support ef- siles. The report also will identify any per- contribute to this individual’s pro- forts to counter the proliferation and son of a covered country that is en- liferation of weapons of mass destruc- use of missiles and weapons of mass de- gaged in activities prohibited under the tion? struction. relevant treaties and agreements re- Would our citizens want to continue What is especially frustrating for me, garding the possession and transfer of to provide that individual Government as chairman of the Intelligence Com- chemical, biological, and nuclear weap- assistance in the form of grants, loans, mittee, is that while the Intelligence ons. or credits? Community is doing its job, gathering The President is directed in the intelligence at great expense and risk Would our citizens want to continue China Nonproliferation Act to report co-development or co-production of about who is selling and who is buying information on noncompliance with technologies of mass destruction, this items on our munitions list with that international arms control and pro- individual? intelligence is ignored by policy- liferation agreements by the covered makers. countries. Of course not. Of course not. Policy makers have frequently cir- Finally, the report must include an I hope we can agree that the United cumvented our sanctions laws by assessment of the threats to our na- States should neither reward nor con- avoiding reaching a determination that tional security, and that of our allies, tribute to proliferation of the weapons could trigger sanctions. They have en- resulting from proliferation—whether that threaten our own Nation. sured that the bureaucratic process for or not this proliferation can be deter- Without question, the imposition of reaching a determination that would mined to meet the legal or evidentiary sanctions against another nation or lead to sanctions is never started, or standards the State Department as- foreign companies is always a serious completed, or impossible standards of serts to avoid reaching sanctions matter. evidence are set, so that a judgment judgements. The imposition of sanctions has sig- never has to be reached. This will go a long way towards com- nificant foreign and economic policy A case in point is the notorious M–11 pelling the State Department to ac- consequences for the United States and missile. After years of closed door de- knowledge serious instances of nuclear should not be undertaken lightly. and other proliferation. liberations on this issue, in September Because sanctions can be costly for of last year, for the first time, the In- Furthermore, the Director of Central Intelligence is required to reach a de- our own American industries, we must telligence Community stated publicly be sure there is a clear national secu- its longstanding conclusion that termination regarding what transfer or sale of goods, services, or technology rity interest that will be advanced by ‘‘Pakistan has M–11 SRBMs [Short the sanctions. Range Ballistic Missiles] from have a ‘‘significant potential to make a Curbing proliferation meets this test. China. . . .’’ contribution to the development, im- The President has declared the pro- Lest anyone miss the significance of provement, or production of nuclear, liferation of weapons of mass destruc- these Chinese missiles now in the biological, or chemical weapons or of tion to be a ‘‘national emergency,’’ and hands of Pakistan, or their contribu- ballistic or cruise missile systems.’’ Again, mandating this report will I think most of us agree with that dec- tion to instability in South Asia, the allow us to avoid the unpleasant situa- laration. community assessed further that these tion we have been in for years in which I support the Thompson-Torricelli missiles may have a nuclear role. the President has been able to avoid Sales of M–11 technology have twice amendment because it takes a bal- reaching necessary judgements about triggered sanctions against the PRC anced, measured approach to the prob- proliferation activities and their con- lem of sanctioning Chinese prolifera- under the Arms Export Control Act and sequences. Export Administration Act. The sale of tion activities, and similar activities of This report will contribute signifi- other countries. M–11 missiles should, under current cantly to the ability of the U.S. Con- In particular, it creates a process to law, have triggered additional, even gress to conduct oversight and to make ensure that the U.S. response to future stricter, sanctions. informed judgements on matters of na- activities of proliferation is never But despite the clear, and public, tional security. conclusion of the Intelligence Commu- The information detailed in the re- again the inaction, indifference, and nity, the State Department has sug- port should better enable us to judge self-deception that characterizes the gested that the Intelligence Commu- the appropriateness and, over time, the current process. nity’s finding that the M–11 missiles effectiveness of the sanctions provided I believe this bill will bring us closer were sold by the PRC to Pakistan did for in this amendment. to a situation in which the PRC and not meet its ‘‘high standard of evi- Some have complained that this bill other supplier nations clearly under- dence.’’ forces the President to impose sanc- stand—for the first time—that there Failure to follow through on the tions. This is not the case. will be serious consequences when they facts, however unpleasant the facts The amendment provides adequate engage in proliferation of weapons of may be, undercuts the credibility of flexibility to the President since he mass destruction that threaten the our entire nonproliferation policy. can waive the sanctions. United States, its allies, and friends.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17889 Mr. President, I again urge my col- port to Congress identifying every per- poses and prohibition of after-sale serv- leagues to review the available intel- son, company, or governmental entity icing, including the provision of re- ligence. The facts speak for them- of the major proliferating nations— placement parts for such items; selves, and they speak very loudly in- China, Russia, and North Korea are Denial of access to capital markets deed. currently on this list—against which of the United States by any company I urge adoption of the Thompson- credible evidence exists that the entity owned or controlled by nationals of the Torricelli amendment and yield the contributed to the design, develop- covered country; floor. ment, production, or acquisition of nu- Prohibition on the transfer or sale to Mr. ASHCROFT. Mr. President, as clear, chemical, or biological weapons the covered country or any national of this body discusses the China Non-pro- or ballistic or cruise missiles by a for- the covered country of any item on the liferation amendment, I would like to eign person. Based on this report, the Commerce Control List and prohibition comment briefly on Chinese actions President would then be required to of after-sale servicing, including the that have not only damaged the na- impose specific measures against for- provision of replacement parts for such tional security of the United States, eign companies in these countries who items. but are antithetical to the peace and have been identified as proliferators. Due to the highly sensitive national stability of the entire world—weapons For example, under this amendment if security issues involved in cases of pro- of mass destruction and missile pro- a Chinese company provided nuclear liferation, any of the sanctions can be liferation. I am dismayed that the gov- technology to Iran, the United States waived by the President if he deter- ernment of the People’s Republic of would deny all pending licenses and mines: (1) that the person did not en- China has consistently brutalized its suspend all existing licenses for the gage in the proliferation activities; (2) own population, intimidated its neigh- sale of military items and military-ci- that the supplier country was taking bors, and provided the world’s most vilian dual-use items and technology as appropriate actions to penalize entities dangerous technology to ‘‘States of controlled under the Commerce Con- for acts of proliferation and to deter fu- Concern’’—in direct violation of inter- trol List to that company. Addition- ture proliferation; or (3) that such a national agreements, domestic law, ally, the President would be required waiver was important to the national and fundamental international stand- to impose an across-the-board prohibi- security of the United States. ards of behavior. It is time for the Sen- tion on any U.S. government purchases I believe that these measures, affect- ate to speak in a clear, definitive voice of goods or services from, and U.S. gov- ing both the proliferating company and against China’s actions. ernment assistance, including grants, country, if applied consistently and The facts are that China has provided loans, credits, or guarantees, to this fairly by the President, can and will nuclear, biological, and chemical weap- company. stem the serious problem of weapons ons technology, along with ballistic In addition to the mandatory sanc- proliferation. China, along with Russia and cruise missiles to ‘‘States of Con- tions imposed on proliferating foreign and North Korea, must understand that cern’’—previously referred to as companies, the amendment would also there are real consequences for con- ‘‘Rogue Nations’’—including Iran, authorize the President to impose dis- tinuing this reckless behavior, and the Pakistan, Iraq, Libya, Syria, North cretionary measures against the key United States must take a stand and Korea, and Algeria. Congress should supplier countries. Foreign companies lead the charge to stop such prolifera- not stand idly by as China continues do not act alone in the proliferation of tion. Passage of the Thompson amend- these practices. Passage of the China weapons; it is quite clear that China, ment will accomplish that goal. Non-Proliferation amendment is a pru- Russia, and North Korea all actively A firm stand against proliferation is dent step in the right direction to ad- support proliferation activities, and desperately needed. Chinese prolifera- dress this problem. The amendment is therefore must be held accountable for tion, along with that of Russia and both a reasonable and measured re- their actions. This amendment recog- North Korea, is continuing unabated to sponse to the serious situation that nizes this truth and would empower the the detriment of America’s national se- this Administration has allowed to President to apply discretionary meas- curity. It is well documented that continue. ures against them as well, such as: China has provided sensitive tech- While I prefer to see this bill, the Suspension of all military-to-mili- nology to at least seven States of Con- China Non-proliferation Act, passed as tary contacts and exchanges between cern, including Pakistan, Iran, Iraq, a separate measure and not as an the covered country and the United Syria, North Korea, and Algeria. Most amendment to the China-Permanent States; of these states have explicitly threat- Normal Trade Relations, PNTR, bill, it Suspension of all United States as- ened the security of the United States is now clear that the critical and time- sistance to the covered country by the and actively sponsored terrorism. The ly nature of this issue, combined with United States Government; remaining countries are in regions the counterproductive actions of those Prohibition on the transfer or sale or where war is commonplace and the trying to prevent its consideration, after-sale servicing, including the pro- consequences for the use of WMD would have left us in the position of having to vision of replacement parts, to the cov- be especially devastating. Of these pro- vote on this today. I reject the notion ered country or any national of the liferation cases, the two most horren- that a vote on this amendment is a covered country of any item on the dous cases are Pakistan and Iran. vote against granting PNTR to China. United States Munitions List, which Pakistan is a nation of tremendous This is simply not the case. The includes all military items, and sus- unrest and instability, and China has Thompson amendment will not kill pension of any agreement with the cov- provided it with extensive nuclear and PNTR or even place conditions on ered country or any national of the missile technology. Born in conflict, granting PNTR for China. This amend- covered country for the co-develop- Pakistan was created with India out of ment will simply stem the flow of un- ment or co-production of any item on one people and one territory, and con- authorized information on nuclear, bio- the United States Munitions List. flict has defined this nation through- logical, and chemical weapons tech- Suspension of all scientific, aca- out its history. Pakistan fought three nology by creating real consequences demic, and technical exchanges be- wars and numerous border skirmishes for proliferating countries. I believe tween the covered country and the against India, its principal adversary. that these consequences, coupled with United States; These battles have been mostly fought strong leadership by the Executive Prohibition on the transfer or sale to over the hotly contested Kashmir re- Branch, can dramatically slow pro- the covered country or any national of gion bordering northeast Pakistan. The liferation. the covered country of any item on the Kashmir conflict is widely accepted by Senator THOMPSON’s amendment ad- Commerce Control List, which includes International Affairs and Defense ex- dresses proliferation concerns by re- military-civilian dual-use items, that perts as one of the most likely con- quiring the President to submit a re- is controlled for national security pur- flicts to erupt into a nuclear war.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17890 CONGRESSIONAL RECORD—SENATE September 13, 2000 China, to a great extent, has not only ble and frightening nuclear and missile stan would not be in the position to fostered the conflict through political force. These transfers are in direct vio- start a nuclear war without Chinese as- posturing and land-grabbing, but it has lation of international and domestic sistance. Although we cannot reverse also provided the nuclear weapons that law. It is apparent that China and Chi- proliferation in Pakistan, we can, and would be used in such a war. China con- nese businesses have violated the Mis- should, take a stand to stop further tinues to provide critical nuclear and sile Technology Control Regime, the transfers to Pakistan and other coun- missile related technology to Pakistan, Arms Export Control Act, the Export tries through passage of the China thereby further escalating the arms Administration Act, the Non-Prolifera- Non-Proliferation Act. Without taking race and underlying conflict. tion Treaty, the Export-Import Bank a stand here, what will stop China from In May 1998, India and Pakistan test- Act, and the Nuclear Proliferation Pre- providing nuclear and missile tech- ed a total of eleven nuclear devices. vention Act. nology to Palestine, or Sudan, or the This ushered Pakistan into—and rees- With all these violations of inter- renowned terrorist Osama Bin Ladan? tablished India as part of—the world’s national and domestic law, one must The United States must take the lead, most exclusive club of nuclear weapon ask the question, ‘‘What has the Clin- as the world’s only Superpower, and states. Although India’s nuclear pro- ton Administration done to stem the stand against nuclear proliferation, gram was created from mostly indige- flow of nuclear and missile tech- which damages the security of the en- nous sources, Pakistan’s nuclear pro- nology?’’ The answer is sadly, ‘‘very tire nation. gram was purchased from the People’s little.’’ The Clinton Administration Not only has China provided nuclear Republic of China. A recently declas- imposed only mild sanctions on China and missile technology to the dan- sified Central Intelligence Agency re- for providing the M–11 technology. gerous and unstable region of South Asia, China has provided sensitive port states that during the early 1980’s, However, these sanctions were quickly technology to Iran. Iran has been iden- China provided Pakistan blueprints of lifted when China ‘‘agreed’’ not to con- tified by U.S. government agencies, or- a full Chinese nuclear design that was tinue providing missile technology to ganizations, and entities, along with tested in 1966. It appears it took Paki- Pakistan. Despite this ‘‘agreement,’’ China has not stopped the provision of independent national security experts, stan almost 20 years to test a weapon as one of the major threats to US secu- because they had difficulty translating missile and nuclear technology. I am troubled that the President rity. Iran’s threat stems from several the blueprints from Chinese. significant factors including its large Since the 1980’s, China has consist- seems to have accepted Chinese prom- population and armed forces; its geo- ently provided Pakistan additional nu- ises and reassurances without thor- strategic and political location in the clear components and missiles. China oughly examining the facts. For exam- Middle East—along the straits of has operated the Pakistani Cowhide ple, a July 1997, CIA report concluded that ‘‘China was the single most impor- Hormuz and the Caspian Sea; an Is- Uranium-enrichment plant (needed for lamic fundamentalist government; a tant supplier of equipment and tech- nuclear weapons production), provided drive to obtain weapons of mass de- nology for weapons of mass destruc- designs for additional bombs and reac- struction along with their associated tion’’ worldwide, and that China con- tors, sold weapons grade uranium, sold delivery vehicles; stated opposition to tinues to be Pakistan’s ‘‘primary 5,000 ring magnets for a nonsafeguarded the United States and United States’ source of nuclear-related equipment nuclear enrichment program, and con- national interests; opposition to the and technology. . .’’ The Chinese For- tinues to provide assistance to nuclear Israeli-Palestinian Peace Process; the eign Ministry spokesman Cui Tiankai, facilities that are not safeguarded by de-stabilization of Lebanon—Israel’s responded characteristically to these the International Atomic Energy Agen- northern neighbor; and the use and cy, IAEA. The IAEA ensures that nu- charges by stating that ‘‘China’s posi- sponsorship of terrorism in its own clear facilities are not producing nu- tion on nuclear proliferation is very country and around the world. Due to clear weapons grade material. clear . . . It does not advocate, encour- these facts, the idea of providing nu- China has also provided Pakistan age, or engage in nuclear proliferation, clear, biological, chemical, and missile with complete nuclear-capable missile nor does it assist other countries in de- technology to Iran seems unbelievable, and missile components. The most veloping nuclear weapons. It always but it is a sad reality. widely reported missile transfers are undertakes its international legal obli- According to a 1999 CIA report, ‘‘Iran the M–11 missile, also called the CSS–7 gations of preventing nuclear prolifera- remains one of the most active coun- or Ababeel. This nuclear capable mis- tion . . . China has always been cau- tries seeking to acquire Weapons of sile, designed and produced in China, tious and responsible in handling its Mass Destruction, WMD, and Advanced has a 300-kilometer range—placing nuclear exports and exports of mate- Conventional Weapons, ACW, tech- many highly populated Indian cities at rials and facilities that might lead to nology from abroad. In doing so, risk. Although it is unclear how many nuclear proliferation.’’ The Clinton Ad- Tehran is attempting to develop an in- M–11s Pakistan currently possesses, it ministration was apparently reading digenous capability to produce various appears that China has been providing from the Chinese script when Peter types of weapons—nuclear, chemical, these missiles for almost a decade. Tarnoff, Under Secretary of State, said and biological—and their delivery sys- Pakistan’s nuclear-capable Medium during a Congressional hearing that, tems.’’ Iran is obtaining much of this Range Ballistic Missiles, (MRBM), ‘‘ . . . we (the United States) have ab- technology from China and Russia. named Ghauri and Shaheen, were de- solutely binding assurances from the The CIA report continues, ‘‘for the veloped as a result of extensive Chinese Chinese, which we consider a commit- second half of 1999, entities in Russia, technology and assistance. The Ghauri ment on their part not to export ring North Korea, and China continued to has a quoted range of 1500 km, but dur- magnets or any other technologies to supply the largest amount of ballistic ing the actual flight test, the Ghauri unsafeguarded facilities . . . The nego- missile-related goods, technology, and flew only 600 km. Even at this shorted tiating record is made up primarily of expertise to Iran. Tehran is using this range, some of India’s largest cities, in- conversations, which were detailed and assistance to support current produc- cluding New Delhi and Bombay, would recorded, between US and Chinese offi- tion programs and to achieve its goal be at risk. The Shaheen, although not cials.’’ With the overwhelming evi- of becoming self-sufficient in the pro- flight tested, is reported to have a dence, it is mystifying that the Chinese duction of ballistic missiles. Iran al- range of 700 km, making its strike dis- spokesman could make such state- ready is producing Scud short-range tance comparable to the Ghauri. ments with a straight face, and it is ex- ballistic missiles, SRBMs, and has What is especially disturbing is that tremely disappointing that the Admin- built and publicly displayed prototypes this is just the beginning of the Chi- istration apparently took China at its for the Shahab–3 medium-range bal- nese proliferation record regarding word. listic missile, MRBM, which had its Pakistan. These transfers have allowed More than one and half billion people initial flight test in July 1998. In addi- Pakistan to amass an incredibly capa- live in South Asia. I believe that Paki- tion, Iran’s Defense Minister last year

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17891 publicly acknowledged the develop- The PRESIDING OFFICER. Who particularly interesting because the ment of the Shahab–4, originally call- seeks recognition? The Senator from Senate voted 96–0 that the Chinese ac- ing it a more capable ballistic missile Delaware. tions in supplying these cruise missiles than the Shahab–3, but later catego- Mr. ROTH. Mr. President, I ask unan- to Iran was a violation of the Gore- rizing it as solely a space launch vehi- imous consent that the following Sen- McCain Iran-Iraq Nonproliferation Act. cle with no military applications. ators be permitted to speak for up to In other words, China is not supposed Iran’s Defense Minister also has pub- the designated times in the following to send this kind of weapon to coun- licly mentioned plans for a ‘‘Shahab 5.’’ order: Senator KYL, 5 minutes; Senator tries such as Iran. The Senate has been Such statements, made against the BIDEN, 10 minutes; Senator TORRICELLI, on record unanimously that it was a backdrop of sustained cooperation with 10 minutes; Senator HUTCHISON, 10 min- violation of the act. The administra- Russian, North Korean, and Chinese utes; Senator GRAMM, 10 minutes; Sen- tion has done nothing to impose sanc- entities, strongly suggest that Tehran ator THOMPSON, 10 minutes; Senator tions or otherwise act to stop China intends to develop a longer-range bal- ROTH, 5 minutes. I further ask consent from that kind of proliferation. That is listic missile capability in the near fu- that the vote occur no later than 1:45 why the Thompson amendment is nec- ture.’’ These longer ranged missiles p.m. this afternoon. essary. would be capable of striking targets in The PRESIDING OFFICER. Without Trade, in other words, cannot be the Europe and perhaps in the United objection, it is so ordered. The Senator only thing that defines the relationship States. from Arizona. between the United States and China. China is ‘‘a key supplier’’ of nuclear Mr. KYL. Mr. President, I appreciate The Senate has to balance other things technology to Iran, with over $60 mil- the remarks of the Senator from Cali- than trade, including our national se- lion annually in sales and at least four- fornia. To return the debate to the curity obligations. teen Chinese nuclear experts working Thompson amendment, the question It has been said that we cannot sup- at Iranian nuclear facilities. In 1991, before us immediately is not whether port the Thompson amendment, not be- China supplied Iran with a research re- PNTR should be granted but whether cause it is not a good idea but because actor capable of producing plutonium the Thompson amendment dealing with if there is any change to this bill in the and a calutron, a technology that can national security issues should be sup- Senate, if it goes back to the House of be used to enrich uranium to weapons- ported. PNTR is going to pass this body Representatives, they will not pass it. grade. (Calutrons enriched the uranium early next week. The question is One of two things is true: Either there in the ‘‘Little Boy’’ bomb that de- whether at about 1:45 p.m. or so this is support for PNTR and the House of stroyed Hiroshima, and were at the body will table the Thompson amend- Representatives will quickly act on the center of Saddam Hussein’s effort to ment. Thompson amendment, and, in fact, if develop an Iraqi nuclear bomb.) In 1994, The Thompson amendment would set China supplied a complete nuclear fu- the two are joined and sent to the up a regime that would help stop the sion research reactor facility to Iran, House, as I was advised yesterday, sup- proliferation of weapons of mass de- and provided technical assistance in port would fall off in the House to the making it operational. China also con- struction by China. In the past, each point where there are 40 people over tinues to work with two Iranian nu- year we have been able to review the there who no longer support PNTR and clear projects, a so-called ‘‘research re- Chinese trade, national security, and would not vote for the bill. actor’’ and a zirconium production fa- even human rights issues, and because Obviously, it would be an anti-demo- cility. It is well documented that China we had an annual review, we were able cratic action for us to proceed with has provided Iran ‘‘considerable’’ chem- to deal with those issues in this body, something that no longer enjoys a ma- ical and biological weapon-related pro- as well as from a diplomatic point of jority support in the House of Rep- duction equipment and technology. view the administration’s dealings resentatives. I cannot believe that China has also provided sensitive bal- with China. many people would switch their vote listic missile technology for Iran’s PNTR will remove that annual re- on PNTR. They still, of course, can growing missile capability. Among view, the requirement that we affirma- vote against the Thompson amendment other transfers, in 1994, China provided tively act each year. It will allow if we send it over to them. hundreds of missile guidance systems China then to join the WTO, and that is The fact is, we have 5 weeks to go. and computerized machine tools. This fine as a matter of trade. But we have The House of Representatives has plen- is just the beginning of Chinese pro- to have some parallel way of ensuring ty of time to deal with this issue. They liferation to Iran. from a national security standpoint are committed to PNTR, as I know the The sad fact is that Iran would not that China stops the proliferation of leadership of the Senate is. I cannot be- have these capabilities without Chi- weapons of mass destruction. lieve amending the bill with the nese assistance and American inaction. The Thompson amendment sets up a Thompson amendment would destroy Although these transfers violate al- process whereby the Chinese actions PNTR. Remember, too, that it is the most every non-proliferation law on are reviewed and the President can im- opponents of the Thompson amend- the books, the Clinton Administration pose sanctions, if it is appropriate, but ment who forced Senator THOMPSON has only taken small and random acts if he does not impose sanctions in into using this vehicle of amending against selected Chinese companies. those circumstances—he does have a PNTR as the only way to achieve his These meaningless acts have done waiver authority—he is required to re- goal of establishing a nonproliferation nothing to stem the proliferation, and port to Congress why not. There is regime with respect to China. He of- without stronger laws, Chinese pro- nothing unreasonable about this par- fered to do it in freestanding legisla- liferation will continue. ticular proposition. tion. He was rebuffed. He offered to do It is time for the United States to re- Yesterday I talked at length about it after the debate. He was rebuffed. In spond with authority to the continued the reasons for it. I will mention two: effect, they knew they had the best threat of weapons proliferation. Al- The proliferation of M–11 missiles by chance of defeating him if they could though we need a President who is will- China to Pakistan, for example, which force him to offer an amendment to ing to lead, we also need more effective has not resulted in appropriate sanc- PNTR because then they could argue laws mandating the President to im- tions by the United States and, more they were all for it in substance, but pose sanctions on foreign companies recently, the transfer of sea-based they did not dare let it pass as a proce- when they engage in proliferation, and cruise missiles to Iran. dural matter because the House then authorizing him to take actions We remember what happened to the would have to deal again with PNTR. against nations violating international Stark, the U.S. destroyer in the Persian I think this is the most cynical of law. This is what the China Non-Pro- Gulf, when several Americans lost strategies. I wish the issue had not liferation Act will do, and I support their lives as a result of a sea-based come up in this way. I urge my col- passage of this amendment. cruise missile. The question here is leagues at the appropriate time, in

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17892 CONGRESSIONAL RECORD—SENATE September 13, 2000 about 45 minutes, not to table the dangerous weapons of mass destruction Korea. We have all lived in anguish Thompson amendment. Give Senator that are a threat to the life and the se- with the destruction of American citi- THOMPSON an up-or-down vote on his curity of the United States of America, zens by the terrorism in Libya and amendment. It is the fair thing to do. we can find common ground. Iran. It is the right thing to do and, from the Indeed, as enthusiastic as any indi- Now before this Senate is the most standpoint of the responsibilities of all vidual farmer in America may be to get modest of amendments—not an inter- of us in this Chamber as Senators who access to Chinese markets, notwith- ference with trade; not a restriction on have responsibility both for trade and standing the fact that this amendment exports, though indeed that may be for national security, the Thompson does not deal with agricultural exports, justifiable; not a sanction against the amendment is the right thing to sup- I would challenge any Member of this violations of workers’ rights or human port. Senate to find an individual American rights, though that may be arguable. Thank you, Mr. President. farmer who, even if this amendment We have not dared, in the most modest Mr. TORRICELLI addressed the did threaten agricultural exports, of positions, to ask, to request, to sug- Chair. would trade a single sale for the United gest any of those things. Just this: The PRESIDING OFFICER. The Sen- States not being resolved in denying That the authority exists to deny com- ator from New Jersey. Chinese companies the ability to ex- panies in the People’s Republic of Mr. TORRICELLI. Under the pre- port missile or nuclear or biological China that consistently, regularly are vious order, Senator BIDEN was to be technology that threatens the Amer- found, by overwhelming evidence, to be recognized at this point. I ask unani- ican people. proliferating dangerous technologies mous consent that I be allowed to pro- Find me a single high-tech executive, that threaten the United States of ceed under his time and that, in turn, given the choice between an individual America, access to our capital mar- he proceed following the conclusion of contract and the ability to restrict a kets. But, indeed, that would be too my remarks. single Chinese company from selling ambitious to ask, so we have given the The PRESIDING OFFICER. Is there technology that threatens the United President waiver authority to cancel objection? States of America, find me one who that restriction and simply tell the Without objection, it is so ordered. would not take a stand for this amend- Congress why he did so. Mr. TORRICELLI. Mr. President, I ment. Is there a man or woman in the Sen- think it is important to remind the Individual interests, I understand ate who thinks this request is so ambi- Senate of the issue before the body. It them. tious, would so threaten the economic has been argued that China should be My friend and coauthor of this life of the United States, that we can- allowed into the World Trade Organiza- amendment, Senator THOMPSON, stood not ask this? I challenge my colleagues tion. That is not a question of this on the floor reciting comments by the in the Senate, if you will not accept amendment. China is coming into the president of the U.S. Chamber of Com- the evidence from the Director of Cen- World Trade Organization under PNTR. merce, who threatened retribution tral Intelligence on this proliferation, It has been argued that there should against Senators who support Thomp- if you will not cede the warning, accept not be an interference in trade between son-Torricelli and cited the ‘‘politics of the overwhelming evidence of this pro- China and the United States; it was ar- nuclear proliferation.’’ liferation and the threat it constitutes gued strenuously by my friend and col- What have we come to as an institu- to the United States of America, then league from California. That is not be- tion? The ‘‘politics of nuclear prolifera- have the intellectual honesty and cour- fore the Senate under this amendment. tion’’? I thought the issue of non- age to rise on the floor of this Senate It has been argued that the internal proliferation knew no politics, was sup- to say the Central Intelligence Agency politics of China should not interfere ported by Democrats, Republicans, lib- no longer provide this evidence. Be- with trade. That is not before the Sen- erals and conservatives. We can all dif- cause if you will not read it, you will not accept it, and you will not act upon ate. The Senate has defeated the meas- fer on some of the strategies of defend- a request that is this modest in scope, ures on internal matters in China. It is ing the United States. We may differ then have the intellectual honesty not going to support WTO and the PNTR. on the question of a missile shield de- The issue before the Senate is narrowly to even receive it. fense. We may differ on how we allo- I say to my colleagues, it has been defined. cate our national defense resources. stated on this floor that the history of Under Thompson-Torricelli, there is But I thought the question of prolifera- economic sanctions has been uniformly a single issue before this body: Whether tion was the one uniting aspect of our disappointing; that there is no evidence repeated acts of violations of non- foreign policy that knew no bounds— that they succeed. In the long history proliferation agreements by Chinese we are all united in the question that of economic sanctions, this would be companies will give the President the there are some governments that are the most modest. We interfere with no authority, which he will have the right so irresponsible, some nations that live trade, restrict no product, restrict no to waive, to interfere with Chinese ac- so far out of the norms of accepted be- market, only the raising of capital, and cess to American capital markets. havior, that they must be denied these only then if the President does not ex- That is the only issue before the Sen- weapons. ercise a waiver. ate. The evidence is unmistakable that But even if this were a more ambi- I recognize that we come to this in- the People’s Republic of China, despite tious amendment, do my colleagues in stitution with a variety of local inter- 20 years of commitments to accede to the Senate really want the record to ests. Some of us represent agriculture this policy of denying these rogue na- reflect that we do not believe economic and some industry; some labor and tions these technologies, continues to sanctions are ever justifiable or ever some business; some in the West, some export this dangerous technology. The successful, particularly members of my in the North; some in the South; some evidence is overwhelming. party? in the East; some rural; some subur- The Director of Central Intelligence The birth of economic sanctions was ban. We have one unifying common in- reported to this Congress, last month, from Woodrow Wilson, former Gov- terest—the national security of the that China has increased its missile-re- ernor of my State, who believed they United States. Wherever we are from, lated assistance to Pakistan, continues were the civilized alternative to avoid- whatever our priorities, whatever our to provide assistance to Iran, North ing armed conflict and war. They are philosophy, that single guiding respon- Korea, Libya; that China has pro- not a perfect weapon, but they have sibility unites us all. liferated to Pakistan. avoided conflict. I recognize there are economic inter- This Senate has debated what to Who here would rise and say that ests in the country that are on dif- spend and how to spend to defend our- unilateral sanctions by European ferent sides of the issue of PNTR. But selves against the possibility, by 2005, states against South Africa and apart- on this single issue, the proliferation of of nuclear-tipped missiles from North heid was wrong, or against Rhodesia or

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17893 against the Soviets after invading gument in this body if the Administra- Let me explain. This is a bit com- Czechoslovakia? Who here would argue tion decided today to impose sanctions plicated, so I hope colleagues will bear that they were wrong against Cam- on China—using existing law—for its with me. bodia after the death camps? Who continuing export of ballistic missile Under the amendment, the President would argue they were wrong against technology to Pakistan. must submit a report to Congress an- fascist Italy, against Abyssinia and The debate isn’t about whether China nually—‘‘identifying every person of a Ethiopia? Who here would argue that has a clean record in the area of non- covered country for whom there is Roosevelt was wrong in using them proliferation. It does not. Period. No, credible information indicating that against the Nazis or the Japanese inva- this debate is about how we get the such person’’ has transferred dangerous sion of Manchuria or Wilson himself Chinese and other proliferators to technology to other foreign entities or against unrestricted submarine warfare clean up their act. So I ask my col- has diverted U.S. technology in such a in the North Atlantic? For the entire leagues to keep their eyes on the ball. way so as to contribute to development 20th century, these sanctions have been The question each of us should ask as of weapons of mass destruction. used—not a perfect tool, not always we evaluate the Thompson amendment A ‘‘covered country’’ is a term that is successful, but always an alternative is this: At the end of the day, is the defined in the bill: it is any country to conflict and in defense of the na- Thompson amendment likely to im- identified by the Director of Central tional security. prove U.S. security by reducing the Intelligence as a ‘‘source or supply’’ of That issue is before the Senate again. spread of weapons of mass destruction dual-use or other technology in the Because while these may not be sanc- and the means to deliver them? most current report required under tions, because it may appear the Sen- I believe the answer is no. The legis- Section 721 of the Intelligence Author- ate, given the economic opportunity, lation offered by Senator Thompson is ization Act for Fiscal Year 1997. A would not accept them, Senator deeply flawed. Since its introduction, country is also a ‘‘covered country’’ if THOMPSON and I have offered some- the Thompson amendment has been re- it was so identified in this report at thing far less ambitious, a simple vised at least three or four times. I any time within the previous five standby authority. But it is an alter- give the Senator credit for trying to fix years. native. the bill’s many flaws. Unfortunately, Guess what? In 1997, this report by What will we say to the American with each version, this bill has not sub- the Director of Central Intelligence people if one day we discover that mis- stantially improved. specifically named the United States, sile or nuclear or biological weapons In its earliest iteration, at least we as well as several Western European are in the hands of our most feared en- knew what this bill was all about. It nations, including the United Kingdom, emies threatening the lives of the was all about undercutting the very France, Germany and Italy, as ‘‘favor- American people? Someone on this normal trade relations that we are ite targets of acquisition for foreign floor would be right to rise and quote about to vote to make permanent with weapons of mass destruction programs, the old Bolshevik maxim: They will China and instead treating China like a especially for dual-use goods not con- sell us the rope with which we will virtual enemy. trolled by [certain] multilateral export hang them. The likely effect of the original control regimes.’’ That makes those No one on this floor wants to provide version of the ‘‘China Nonproliferation nations a ‘‘source or supply’’ of dual- that explanation. I urge support for the Act’’ was to gut normal trade relations use or other technology under the Thompson-Torricelli amendment. It is with China, shut down trade in dual- terms of the Thompson amendment. right. It is modest. I believe the Senate use items, deny China access to our So what does this mean? would be proud to take this stand. capital markets, end educational and It means the President will have to I yield the floor. scientific exchanges, and suspend the report to Congress on any ‘‘credible in- The PRESIDING OFFICER. The Sen- bilateral dialog on a range of impor- formation’’ that the Executive Branch ator from Delaware. tant issues, including counter-nar- has on either (1) United States firms, Mr. BIDEN. How much time do I cotics and counter-terrorism. or (2) European firms regarding trans- have? It was clear-cut. It was unambiguous. fers of dangerous technology. Sanc- The PRESIDING OFFICER. Under a And it was unambiguously contrary to tions are unlikely to result against previous order, the Senator has 10 min- the national interest. U.S. or European firms, for two rea- utes. The current version of the amend- sons. Mr. BIDEN. Mr. President, I oppose ment does not have that coherence. First, after this report is provided to the amendment by the Senator from Rather, it is a legislative stew con- Congress, the President must then for- Tennessee. taining an assortment of ingredients, mally determine that the firm has ac- Although well-intentioned, the not all of which go together. It has sev- tually engaged in the proliferation ac- Thompson amendment—the so-called eral major flaws. tivity—not merely that there is cred- ‘‘China Nonproliferation Act’’—is a The first major flaw is that although ible information that it has. deeply flawed approach to addressing the sponsors have advertised the Second, even if the President makes the proliferation problem. amendment as targeting certain rogue such a determination, the amendment At the outset, let me stipulate to a states, in fact it also targets American exempts from the sanctions any nation couple of points about which the Sen- firms and firms located in several west- that is part of a multilateral control ator is correct. ern nations. regime on proliferation—as the United First, I fully agree with the Senator On its face, the amendment purports States and the major Western powers that the proliferation of weapons of to target only those countries high- are. mass destruction poses a serious threat lighted by the Director of Central In- But for the firms named in this origi- to our national security. I commend telligence in a seminannual report as nal report, the damage will have been him for his concern, which I know is ‘‘key suppliers’’ of weapons of mass de- done. sincere. struction and missile technologies. First, the companies will surely be Second, I agree with the Senator’s Those countries, under the most cur- subject to negative publicity based on assertion that the People’s Republic of rent version of this report, released the very low ‘‘credible information’’ China has a poor proliferation track earlier this summer, are China, Russia, standard—and suffer financial and record. China’s exports of weapons of and North Korea. other damage that may flow from such mass destruction and the means to de- But closer examination of the amend- publicity. Second, Section 8 of the liver them have made the world a more ment reveals that it would likely ex- amendment requires the firm, if its dangerous place. pose some of our closest allies—and stock is listed on U.S. capital markets, Unfortunately, our concerns are not even U.S. firms—to scrutiny under this to make this information—that is, the all historical. You won’t find much ar- bill. information that they have been cited

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17894 CONGRESSIONAL RECORD—SENATE September 13, 2000 in the presidential report—available in pursuant to section 3 has engaged in an Items controlled by the MTCR meet reports and disclosure statements re- activity described under section the test of ‘‘materiality’’ because they quired under the Securities Exchange (3)(a)(1), the President shall apply to involve either complete missile sys- Act. such person’’ the sanctions for not less tems or significant components of such In short, the bill places a ‘‘scarlet than one year. systems. letter’’ on the reputation of firms— In other words, if the President finds The Thompson bill, however, pun- based on information that may later that a person engages in a proliferation ishes all transfers—regardless of prove to be unfounded. activity, he must apply the sanctions. whether the firm intentionally engaged This is a pretty breathtaking provi- He has no discretion—if he sees that in the prohibited conduct or whether sion—which requires the President to the requisite facts exist, he must im- the transfer made any difference to the shoot first, and ask questions later. pose sanctions. program of the recipient nation. The second major flaw of the bill is Don’t take my word for it. The only standard is whether is it that the amendment is its rigidity. It A few years ago, the Office of Legal ‘‘contributes’’ to the ‘‘design, develop- imposes a one-size-fits-all straitjacket Counsel at the Department of Justice ment, production, or acquisition’’ of on the President—forcing him to im- interpreted similar language in an- weapons of mass destruction programs. pose numerous sanctions against an of- other non-proliferation law—the Chem- This, potentially, has a very broad fending company, no matter the grav- ical and Biological Weapons Control sweep. ity of the violation, and it requires him and Warfare Elimination Act of 1991. It Does a vehicle supplied by Russia, to impose the same set of sanctions in concluded that the President ‘‘has a the United States or a western country every instance. duty to make determinations, not and used by the People’s Liberation Under the amendment, if the Presi- merely the discretion to do so.’’ And Army to transport goods from one dent determines that a person or firm once he makes those determinations, weapons plant to another ‘‘contribute’’ has engaged in prohibited proliferation then the sanctions under the law are to ‘‘production’’ of Chinese missiles? activity, then the President must triggered. Does cement for a Chinese cruise So, too in the Thompson amendment. apply five different penalties on such missile plant ‘‘contribute’’ to the ‘‘pro- If the President determines that the firms—including a ban on military and duction’’ of such missiles? Does advice proliferation action has occurred, then dual-use exports from the United from an efficiency expert ‘‘contribute’’ the sanctions must be imposed. States to such firms, and a ban on the To be sure, the bill allows the Presi- to ‘‘production’’? provision of any U.S. assistance, in- dent to waive the sanctions. But the Surely they do ‘‘contribute’’ in some cluding any loans, credits, or guaran- act of making the initial determina- way to the production occurring at the tees to such firms. tion is not waivable. facility. This would include Export-Import The third major flaw is that the bill Under the Thompson amendment, all Bank financing and assistance from the will undermine the credibility of exist- ‘‘contributions’’—even these relatively Overseas Private Investment Corpora- ing sanctions laws because it has an ex- inconsequential examples I just cited— tion. tremely low burden of proof and does would appear to be treated equally. The President has no flexibility to not differentiate serious violations If we are going to impose sanctions, tailor the penalty to fit the crime. He from trivial ones. we should have a rule of reason—and must impose all five punitive measures Let me explain first how sanctions punish transfers that matter. Do we against the offending person for at are triggered in the bill. really want to trigger the vast machin- least one year—even if the behavior is Two kinds of behavior are ery of sanctions over transfers that are corrected immediately. He cannot dan- sanctionable: the first is any transfer not of serious concern? gle carrots encouraging the firm or na- of technology of any origin by a person Additionally, do we want to trigger a tion to clean up its act. of a covered country—and remember, vast array of sanctions if the company The only flexibility he would have is ‘‘covered country’’ includes the United did not act intentionally? to invoke a national security waiver. States and several European allies— The fourth major flaw of the amend- And I doubt such a high waiver will be which contributes to the ‘‘design, de- ment is that it could undermine our justifiable in each and every case. velopment, production, or acquisition proliferation policy by singling out I believe it is extremely unwise to tie of nuclear, chemical, or biological China, Russia, and North Korea. the President’s hands in this manner. weapons or ballistic or cruise missiles’’ A law that singles out the worst We are not clairvoyant, and we by a foreign person. proliferators might, at first blush, should give the President flexibility to The second action that is make sense. But it sends an odd mes- calibrate his response—and the power sanctionable is any contribution to a sage to the world that we care only to cope with changing circumstances weapons of mass destruction program about proliferation from those coun- which we cannot foresee. made by the diversion of U.S.-origin tries. Why shouldn’t we care just as It is also unwise to impose the same technology to an unauthorized end- much about proliferation by Libyan or set of penalties on different cases. user. Such diversions are sanctionable Syrian firms as by Chinese firms? Should we treat the transfer of an item even if they occur within China or Rus- To be effective, U.S. sanctions law on Category Two of the Missile Tech- sia. should be defensible to the world. We nology Control Regime the less serious The bill penalizes either of these ac- can logically explain that proliferation of the two categories in that regime— tions—technology transfers or diver- to Iran or Iraq deserves special atten- such as telemetry software—the same sion—regardless of whether they are ei- tion—because of the rogue behavior of as a transfer of a complete missile sys- ther ‘‘knowing’’ or ‘‘material.’’ those countries. But what is the logic tem? Current missile sanctions law Nearly all of our current prolifera- for treating proliferation from China, permit this sort of differentiation. The tion sanctions laws contain these Russia, and North Korea more seri- Thompson amendment does not. ‘‘knowing’’ and ‘‘material’’ require- ously than proliferation from other On Monday the Senator from Ten- ment—they do not attempt to punish countries? nessee implied that the sanctions transfers that are unintentional or are Moreover, country-specific legisla- under this provision are somehow dis- relatively inconsequential. tion is unnecessary. cretionary—that the President has the For example, Section 73 of the Arms If China, Russia, and North Korea are flexibility on whether or not to impose Export Control Act—the existing mis- the worst actors in this area, then any sanctions under Section 4 of the sile sanctions law—requires sanctions law that applies generally will fall on amendment. This is simply not true. whenever a foreign person ‘‘know- them disproportionately. Under Section 4 of the amendment, ingly’’ transfers equipment or tech- In fact, current proliferation sanc- ‘‘if the President determines that a nology controlled by the Missile Tech- tions laws have been used against these person identified in a report submitted nology Control Regime, MTCR. three countries more than most others.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17895 The fifth major flaw of the amend- In sum, we do not need another re- In short, it is a delusion to think we ment is that it will impose an incred- port that will divert officials in the Ex- have a shortage of laws. ibly burdensome reporting requirement ecutive Branch from the daily business What the senator is complaining on the intelligence community and the of trying to actually stop proliferation. about is a failure to use these laws to Executive Branch officials responsible Mr. President, I understand the moti- punish the Chinese and other bad ac- for enforcing non-proliferation policy. vation at work here. Proliferation by tors. This failure is hardly unique to The amendment requires that all Russia or China makes me angry too! I this Administration. ‘‘credible information’’ about prolifera- would have thought that the limita- During President Reagan’s term, tion activity, no matter whether it is tions of this kind of sledgehammer ap- China provided nuclear know-how to proven or not, no matter whether the proach that I have just described would Pakistan and missiles to Saudi Arabia. activity is significant or not, be in- have been made evident by now. The United States responded by selling cluded as part of a new magnum opus. So I remind my colleagues: Keep advanced conventional weaponry to the This low ‘‘credible information″ stand- your eye on the ball! This legislation is People’s Liberation Army—torpedoes ard is derived from the Iran Non- not likely to be effective in reducing for its navy, advanced avionics for its proliferation Act of 2000. Under this proliferation by irresponsible actors. air force, and counter-battery artillery standard, one piece of information Let me make one final point. radars for its army. One underlying assumption of the from a source deemed to be credible In President Bush’s administration, Thompson bill seems to be that there must be reported—even if that evidence China sold missile technology to Paki- are few non-proliferation statutes on later proves to be false. stan. The United States responded by the books. Any such assumption would Congress has yet to receive the first briefly imposing sanctions—and then be false—over the last decade Congress report required under that Act. But we subsequently liberalizing export con- has enacted numerous proliferation do have some information about the trols on a wide range of high tech- laws. Let me highlight a few: nology, including the launch of U.S.- burden it is imposing. The Chemical and Biological Weap- made communication satellites by To date, the Intelligence Community ons Control and Warfare Elimination of has found 8,000 pages of information 1991 contains numerous provisions re- China. The Clinton administration has twice that is ‘‘credible’’ just on chemical and stricting technology to, or imposing sanctioned China for proliferation of biological weapons and missile pro- sanctions on, to countries or persons liferation alone. proliferating chemical or biological missile and chemical technology, but Many thousands of staff hours will be weapons technology; has balked at imposing sanctions in re- required to assemble and analyze the The Nuclear Proliferation Prevention sponse to China’s most recent mis- information for this report. Does it Act of 1994 bars U.S. Government pro- deeds. really make sense to have our govern- curement in the case of foreign persons The failure of Executive Branch to ment’s non-proliferation specialists de- who materially contribute to the ef- use sanctions authority occurs in both voting so much time to assembling yet forts of individuals or non-nuclear Republican and Democratic adminis- another report—rather than combating weapons states to acquire nuclear ma- trations. It is often lamentable. But the proliferation danger? terial or nuclear explosive devices, and the appropriate response is not enact- Congress hardly suffers from a lack requires sanctions on financial institu- ment of a severely flawed piece of leg- of information about proliferation. We tions that finance the acquisition of islation. already require a range of reports on nuclear material or nuclear explosive Mr. President, let me sum up. the subject. For example: devices. I understand the Senator’s concerns. Congress receives an annual report The Foreign Assistance Act bars U.S. I agree with him that Chinese pro- on proliferation of missiles and essen- foreign assistance to nations that en- liferation is a serious problem. I dis- tial components of nuclear, chemical gage in certain proliferation activities; agree with his remedy. and biological weapons—required since The Arms Export Control Act pro- I would be pleased to work with him 1991; vides for sanctions against nations next year in trying to move serious Congress receives an annual report that transfer unsafeguarded nuclear legislation to fill any gaps that may on the threat posed to the United materials or against non-nuclear states exist in our proliferation laws through States by weapons of mass destruction, which use nuclear devices, including the Committee on Foreign Relations— ballistic and cruise missiles—required the Glenn Amendment sanctions which the committee of jurisdiction. since 1997; were imposed on India and Pakistan in But I believe that it would be ex- Congress receives an annual report 1998. tremely unwise to pass this legislation, on the efforts of foreign countries to The Iran-Iraq Arms Nonproliferation as well-intentioned as it is—because I obtain chemical and biological weap- Act of 1992 requires sanctions against believe it has so many flaws that it is ons and efforts of foreign persons or persons or countries who knowingly beyond fixing at this late date. This governments to assist such programs and materially contribute to the ef- legislation, as currently written, would —required since 1991; forts by Iran or Iraq to acquire chem- not succeed, and could seriously harm Congress receives an annual report ical, biological, or nuclear weapons or our non-proliferation efforts. on the transfer of chemical agents and to acquire destabilizing numbers and I urge my colleagues to vote no on the trade precursor chemicals relevant types of advanced conventional weap- the Thompson amendment. to chemical weapons—required since ons. To reiterate, the Senator from New 1997 under the Senate resolution con- The Export-Import Bank Act bars fi- Jersey and the Senator from Tennessee senting to the Chemical Weapons Con- nancing for U.S. exports to any coun- have made some good arguments but vention; try or person which assists a non-nu- on the wrong bill. If you listen to the Congress receives an annual report clear weapons state to acquire a nu- debate of the proponents, you would as- on compliance with international arms clear device or unsafeguarded special sume there is no sanction legislation control agreements, which includes a nuclear material. that exists now relative to China. The detailed assessment of adherence of Finally, a Presidential Executive irony is that there is significant sanc- other nations to obligations under- Order (#12938) requires the Secretary of tion legislation on the books now. taken in nonproliferation agreements State to impose certain sanctions This quarrel is about two things. Half or commitments—required since the against foreign persons who materially the people who are for this amendment mid-1980s. contribute or attempt to contribute to are against trade with China. The In addition, Members of Congress the efforts of any foreign country to other half of them—I don’t mean lit- have full access to a range of regular obtain weapons of mass destruction or erally half—are made up of a mix of intelligence reports on the subject of a missile capable of delivering such people, people who are against the bill, proliferation. weapons. the permanent trade relations bill

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17896 CONGRESSIONAL RECORD—SENATE September 13, 2000 which my senior colleague is man- pose upon the President the require- stage of their missile. He further con- aging, and some who are desperately ment that he enforce the law now. cluded that there should be some rap- concerned about the prospect of further Why not pass a resolution here and prochement with the south. proliferation by China. now and say that the Senate goes on And lo and behold, Kim Jong-il con- The truth is, what the real fight record saying, Mr. President, you cluded that he, and the North Koreans, should be about is why President Bush, should impose sanctions on China now? wants American troops in South Korea. President Reagan, and President Clin- There is enough of a case to do it now. Surprise, surprise. Why? They don’t ton have not imposed the laws that are Why not do that, if you are really con- want the vacuum filled by an Asian on the books now. We don’t need any cerned about sanctions? This goes be- power if we leave. China doesn’t want new sanction laws. We particularly yond that. North Korea to have a nuclear capac- don’t need ones that are so desperately Everybody knows if this or any other ity. It is not in their interest for that flawed as this one, which lowers the amendment passes attached to this to occur. threshold so low you can’t be certain bill, the larger issue of trade with Now, somebody tell me how we solve that, in fact, there is proliferation China is dead, for this term anyway. the problem of the proliferation of so- going on, raises so many questions that In the brief time I have remaining, phisticated nuclear weapons on the we will spend our time litigating this let me jump to another point. My subcontinent of India, including Paki- among ourselves more than we will be friends talk about this in terms of—and stan and India, as well as China, if we doing anything about the problem. And I don’t doubt their sincerity—their are not engaging China. I don’t get further, this is a circumstance where I strategic concerns. They talk about this. From a strategic standpoint, I don’t think there is anyone on the the fact of what is going to happen if don’t get how this is supposed to ac- floor who would rise up and criticize China sells technology again; what are complish the strategic goal because my this administration if they did what I we going to do? The implication being, friend from Tennessee and my friend have publicly and privately suggested had we acted on this amendment favor- from New Jersey parse out and make a to them: Impose sanctions now under ably and passed it, then China wouldn’t clear distinction between the strategic existing law. sell any more weapons technology. objective of their amendment and the I am sure none of my colleagues That is a bit of a tautology. They economic objective. They say they would do this but their staffs may. I would sell it whether or not this have no economic objective. Therefore, refer them to the last third of my amendment is here. The question is they are for free trade. statement where I laid out in detail what retribution we take and in what They don’t want to scuttle the trade how many laws are on the books now form we take it. agreement. They say their interest is which were enacted relative to pro- I ask the rhetorical question to my in the strategic problem of prolifera- liferation: the Chemical and Biological friends from Tennessee and New Jer- tion. I respectfully suggest that Weapons Control and Warfare Elimi- sey, and others who support this amendment is not going to, in any nation Act, the Nuclear Proliferation amendment. Right now we are trying way, change China’s proliferation in- Prevention Act of 1994, the Foreign As- very hard to deal with two things in stincts. What is going to change Chi- sistance Act, the Arms Export Control North Korea: the existence of fissile na’s proliferation instincts will be a Act, the Iran-Iraq Arms Nonprolifera- material that is able to make nuclear larger engagement with China on what tion Act, the Export-Import Bank Act, bombs, and their ability to produce a is in our mutual interests—discussions which bars financing of U.S. exports, third stage for their Taepo Dong mis- about strategic doctrine, national mis- the Executive Order No. 12938, which sile that would allow that missile to sile defense, Japan, Korea, and Taiwan. requires the Secretary of State to im- reach the United States, although it is That will effect relations with China, pose certain sanctions, et cetera. All problematic whether they could put a potentially, in a positive way. the laws are there now. They exist. nuclear weapon on it even if it had a Passing this amendment, as my What this is really about is the un- third stage because of the throw- friend from New York said in another willingness in the minds of our col- weight requirements. venue when I was with him yesterday, leagues, some of our colleagues, for So what have we been doing? Former will be the most serious foreign policy this administration to once again im- Secretary of Defense Perry, and the mistake we will have made in decades. pose sanctions, or the last administra- last administration as well, have been I share his view. I realize it is well in- tion to impose sanctions. trying to get the Chinese to use their tended. My friend from Tennessee says We became fairly cynical around here influence on North Korea not to de- no one has an answer as to how we are because of what happened during the velop long-range missiles. And what going to stop China. I don’t have an an- terms of the last two Presidents. What has happened? It is kind of interesting swer, but I have a forum in which you was the response to documented pro- that the first amelioration, the first do that. It is not in the trade bill. It is liferation by China, for example, dur- thawing of the ice came with the engaging them in their mutual inter- ing President Reagan’s term; when Agreed Framework during Perry’s ten- ests and ours on the future of North China provided nuclear know-how to ure. The Agreed Framework made sure Korea, and engaging them and making Pakistan and missiles to Saudi Arabia? that North Korea would not be able to it clear to them that it is not in their The U.S. response, under President acquire more fissile material for nu- interest to see India become a nuclear Reagan, was to sell advanced conven- clear weapons. They stopped making state with multiple nuclear warheads tional weaponry to the People’s Libera- fissile material. It is working. Sur- and hundreds, if not thousands, of tion Army, torpedoes for its navy, ad- prise, surprise. ICBMs. This isn’t the way to do it. vanced avionics for its air force, and The second thing is, because of our I thank my colleagues. I realize my counterbattery artillery radars for its intercession with China, at least in time is up. army. part, the Chinese had a little altar call, I yield the floor. In the Bush administration, China as we say in the southern part of my The PRESIDING OFFICER (Mr. sold missile technology to Pakistan. State, with the North Koreans. The BROWNBACK). Under the previous order, The United States responded by briefly North Korean leader, the guy we were the Senator from Texas, Mrs. imposing sanctions and then subse- told was holed up, who is manic depres- HUTCHISON, is recognized for 5 minutes. quently liberalizing export controls on sive, a guy who was supposedly schizo- Mrs. HUTCHISON. Mr. President, a wide range of high-technology issues, phrenic, everything else you hear this is a very important vote. It is a including the launch of U.S.-made com- about him, went to Beijing. He came very important issue. I have been a munications satellites by China. back. Guess what. He had a public strong supporter of opening relations This isn’t about whether or not non- meeting with South Korea. Guess with China, of opening trade with proliferation laws exist. It is about what. He concluded that they would China, not because China has been the whether or not we have the will to im- stop testing their missile, the third kind of ally we would all hope it would

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17897 be but because I have believed that House and with the President and we seriously disrupt investor confidence in having open trade relations with them will pass free trade with China, with United States markets and jeopardize would improve the relationship; that if national security addressed. That is their continued vitality, debt and li- we had some leverage in a trade rela- the issue. quidity.’’ tionship, we would be able to ask them I urge my colleagues to stand up for Senator THOMPSON says he wants a and have some leverage for them to their people, as they were elected to vote on his amendment. I have no ob- have fair trade, to recognize intellec- do. Let’s work this out and have a free jection to Senator THOMPSON having a tual property rights, and to become a and fair trade agreement that is good vote. But he doesn’t want anybody else part of the community of nations. for both countries. Thank you. to have a vote on it. If we are going to But it seems to me we are saying we I yield the floor. consider major legislation like the want free and open trade and nothing The PRESIDING OFFICER. Under Thompson amendment, as chairman of else should matter; that if we have free the previous order, Senator GRAMM one of the committees with jurisdic- and open trade, we should not stand up from Texas is recognized for up to 10 tion over major elements of that for our national security interests. minutes. amendment I would like to have an op- That is what I have been hearing on Mr. GRAMM. Mr. President, I rise in portunity to offer my own amendments the floor now for 2 days. If we are going strong opposition to the Thompson to it. I know we can get carried away to engage China on issues such as amendment. I oppose it because it is a with amendments. And Senator THOMP- North Korea and weapons proliferation bad amendment. Its logic is flawed. It SON makes a good point. Committees of to Iran and Iraq, as was proposed by would hurt America more than it jurisdiction aren’t everything. But I the Senator from Delaware, how can would punish China. Let me try to ex- think it is important that we get Alan we engage them if we say, by the vote plain why. Greenspan and other people who under- today, it is not really a big issue to us, First of all, the Thompson amend- stand our financial markets to give us that weapons proliferation takes sec- ment goes far beyond denying China input before we take a major step like ond place to trade? access to American dual-use tech- instituting controls on America’s cap- For me, national security doesn’t nology that could have defense applica- ital markets. take second place to anything. I think tions. The Thompson amendment The capital markets and financial in- it should be the position of the Senate would take American capital markets stitutions controls in the Thompson that we are responsible for the national and inject politics into them by deny- legislation go against what we have security of our country and that that is ing access, for the first time, to a na- been trying to achieve with the Chi- our most important responsibility. If tion that is not engaged in a direct nese for many years. For years we ne- we know China is sending its nuclear conflict with the United States of gotiated with the Chinese to get them formulas to places such as North America, under our traditional defini- to open their markets to American fi- Korea, Iran, Iraq, and that that is tion of conflict. nancial services companies. We want going to put American citizens in di- Some people seem to have the idea citizens in China to be able to own a rect harm’s way and stop the balance that by adopting PNTR we will be hav- piece of the rock and to invest in re- of power between North and South ing a marriage with China—that some- tirement accounts in America. Senator Korea and make it heavily favoring how, because we are endorsing normal THOMPSON’s amendment would set up a North Korea, are we really going to trade relations with China, we would in mechanism to deny them the very stand by and say we will try to engage effect be endorsing Chinese policies on rights for which we negotiated so long them when we have not spoken to them how they treat their workers, how they and hard. in any way when we had the chance to protect religious freedom, how they I am not here to endorse China’s do it, as we do right now? I hope not. protect the environment, and how they practices—far from it. I condemn their It has been said that it will kill this conduct their foreign policy. We are policies with regard to the environ- bill if we add an amendment. I wasn’t not doing any of those things. ment, with regard to their workers, elected to the Senate to rubber stamp Every criticism of China that has with regard to religious freedom, and the House of Representatives. I wasn’t been made is valid. Senator THOMPSON with regard to proliferation. But that elected by the people of Texas to rub- talked earlier about not wanting to ir- is not what we are talking about here. ber stamp the President. I was elected ritate the Chinese. I am perfectly will- We are talking about establishing nor- to the Senate to do what I think is ing to irritate the Chinese. But this mal trade relations. And the key point right and to fulfill my responsibilities legislation is about establishing nor- is: Does anybody believe any one of to the people I represent. National se- mal trade relations—the same rela- these areas of concern will be better if curity is my No. 1 responsibility. If it tions we have with virtually every we reject PNTR? kills a bill because the Senate adds an country in the world except countries I remind my colleagues that in 1948 amendment and allows us to talk to directly involved in terrorism—with there were 23 countries that signed the the President about it and talk to the China. We are not talking about a mili- agreement that founded the GATT, House of Representatives, then I think tary alliance or a political marriage. now called the WTO. Their common that is our role and our responsibility. We are talking only about normal goal was to expand economic trade. I reject totally those who would say trade relations. One of those 23 countries was China. don’t vote for this amendment; it is a The Thompson amendment to the But one year later, China turned to the killer amendment; it will kill the bill. PNTR bill would impose political con- dark side. They wanted to remake It will not kill the bill. We have trols on the American capital market their society. They wanted to build a brains. We know we might have to with regard to China. Federal Reserve ‘‘ladder to heaven.’’ They wanted to compromise in some way, but we want Chairman Greenspan says that the create equality, except for their polit- to be forceful that we are not going to Thompson amendment’s financial sanc- ical leaders. And they did it—they allow China to spread nuclear weapons tions ‘‘would undercut the viability of made everybody poor. Chinese per cap- of mass destruction around the world, our own system and would harm us ita income nosedived. By 1978, Taiwan, especially to rogue nations that would more than it would harm others.’’ The which started with fewer economic re- do our country wrong. We are not going Securities and Exchange Commission sources, had a per capita income of to stand up and say today, I hope, that says the Thompson amendment is $1,560 a year. China’s was $188. Today, we are afraid to amend a bill because it ‘‘antithetical to the United States ap- Taiwan has a $13,000 per capita income, might kill it. No, that is not why I was proach to capital market access and while China’s is just $790. elected to the Senate. I was elected to free movement of capital.’’ The Securi- But the good news is that fifty-two the Senate to do what I think is right. ties Industry Association, which rep- years later, China wants to reverse the I hope the Senate will speak very force- resents securities markets nationwide, terrible decision she made back then, fully today that we can work with the says the Thompson amendment ‘‘could and re-enter the world of trade. China

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17898 CONGRESSIONAL RECORD—SENATE September 13, 2000 is turning away from the dark side. Mr. BYRD. Mr. President, I ask unan- Torricelli amendment. This amend- She is back knocking on the door. Now imous consent that at the end of the ment will give us more of a chance to the question is, Are we going to slam list of speakers my name be placed hold the People’s Republic of China, or the door in their face? next in order to speak not to exceed 15 any nation, accountable for prolifer- I say no. Trade promotes freedom. If minutes in opposition to the motion to ating weapons of mass destruction and you are concerned about workers table. the means to deliver them. rights in China, do you believe that Mr. ROTH. Reserving the right to ob- This amendment would not have been workers will have more rights in a ject, I must say we have agreed that we necessary had this administration growing private sector, where they can would have the vote at quarter of 2. If shown effective leadership in non- work for somebody other than the Gov- there is any time left that I have allot- proliferation policy. When the adminis- ernment? I don’t see how you can help ted, I will yield it. It looks to me as if tration sat down with China last year but believe that. And if you believe it, I am not going to have any time. to negotiate an agreement on China’s then you are going to be for normal Mr. BYRD. I wouldn’t want to take admission to the World Trade Organi- trade relations with China. If you want away the Senator’s time. zation, that was an extraordinary op- political and religious freedom in Mr. ROTH. I ask the distinguished portunity to discuss China’s weapons China, then give people economic free- Senator—I regret the situation has de- proliferation practices. It was a once in dom, which ultimately promotes polit- veloped this way, but we have a num- a lifetime opportunity to insist that ical freedom, as we have seen in Korea ber of Senators who are leaving so we China change its ways on proliferation and in Taiwan. Developing economic have fixed a time for the vote specifi- once and for all and advance the secu- growth in China, so that people have a cally at quarter of 2. rity of all nations. stake in economic freedom, will ulti- Mr. BYRD. Mr. President, I didn’t That opportunity, sadly, was lost. mately produce a demand on their part know anything about that agreement The bilateral agreement reached be- for political freedom. And in the proc- until I heard it put and accepted. tween China and the United States last ess they will begin to change China. Mr. ROTH. I have to object to the re- November is the price China has to pay The Thompson amendment is legisla- quest, with all due deference. for our Nation to agree to PNTR and tion that needs dramatic changes. If we Mr. BYRD. I know the Senator re- China’s admission into the WTO. So don’t table this amendment, it is not grets doing that. the fundamental question is this: Have going to be adopted. We are going to Mr. ROTH. I object. we imposed a high enough price on the offer amendments to it. I would be per- The PRESIDING OFFICER. Objec- Chinese Government? Sadly, I think fectly happy to see this amendment tion is heard. the answer is clearly no. The Senator from West Virginia. Yes, the bilateral agreement argu- brought up as a freestanding bill, but I Mr. BYRD. I will ask for a quorum ably is a good economic document for want the opportunity to debate it and before the vote that will take longer both countries. However, it is by no to amend it. Senator THOMPSON wants than 15 minutes. I am entitled to that. to have a vote on his legislation, but he Mr. ROTH. Parliamentary inquiry: Is means an acceptable document for our doesn’t want anybody else to have a that correct? own national security. If we are going vote on their amendments to his legis- The PRESIDING OFFICER. A to sacrifice our annual review of nor- lation. I think that is what ultimately quorum call is in order before the vote. mal trade relations with China, then brought us to where we are now. Mr. ROTH. I ask the Senator from our next President and the next Con- There are security concerns with Tennessee to please proceed. gress must have new tools in place to China. They need to be dealt with. But Mr. BYRD. Mr. President, I withdraw pursue our national security objec- they cannot be dealt with within the my request for the time being so the tives. context of PNTR, with a bill that has Senator may speak. It is that simple. And that is why we never been through a committee, that The PRESIDING OFFICER. The Sen- need to adopt the Thompson amend- has never had a hearing on its impact, ator from Tennessee. ment. that has not been looked at it to see Mr. THOMPSON. Mr. President, one As my colleagues know, China is a whether it makes sense. Will it do what brief comment and then I am going to signator of the Nuclear Non-Prolifera- we want it to do? Will it hurt us more yield 5 minutes of my time to the Sen- tion Treaty. Article VI of that treaty than it hurts other people? ator from Ohio. states that nuclear powers are to: So I urge my colleagues to reject this I say in response to Senator GRAMM, . . . pursue negotiations in good faith on amendment and to adopt normal trade surely I did not hear the basic propo- effective measures relating to cessation of relations with China. We are not en- sition that I would not do something the nuclear arms race at an early date.... dorsing China. We are trying to trade for him on something else and there- No nation has violated that specific with them. We are trying to promote fore he is not going to do something for article in the NPT more egregiously, economic freedom because we know me? Surely I misunderstood that part. more openly, and more willingly in the economic freedom not only enriches us The only other response I would have last decade than the People’s Republic and them, but ultimately produces an is at least the Senator from Texas of China. That is the truth. irresistible demand by people to have interjected a new way to address this In Asia and the Middle East, our Na- political freedom. When they have eco- proliferation we are seeing coming tion and China hold two fundamentally nomic freedom, China will change. from China. His response is trade with different visions of the future direction This is a bad amendment. It is not them and one day we will magically of these two regions. Right now, China ready to be adopted. I hope we table it. wake up and they will be dismantling has used its expertise in nuclear and As I said, if we don’t table it, we are their armaments; they will be quitting missile technology to effectively ad- going to amend it; and then we are selling weapons of mass destruction to vance their interests and destabilize going to be in a long debate about a these rogue nations, and they will be the region. subject that is relevant and important. happy and friendly. All we have to do is For example, at the beginning of the But it is a subject that does not have have more and more and more trade, last decade, Pakistan possessed a very to do with establishing normal trade and that will solve the proliferation modest nuclear weapons program infe- relations with China, which is the problem. rior to India’s. point of the underlying legislation and When that happens, Mr. President, I That was then. Now the balance of which I support. will present the tooth fairy on the floor nuclear power has shifted, and it is a I will, therefore, vote to table this of this body. far more different and far more dan- amendment. I urge my colleagues to do With that, I yield 5 minutes to my gerous region today. the same. I yield the floor. friend from Ohio. In the Middle East, it is the same The PRESIDING OFFICER. The Sen- Mr. DEWINE. Mr. President, I rise in story. News reports have documented ator from West Virginia. strong support of the Thompson- China’s contributions to Iran’s nuclear

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17899 development, and ballistic and cruise Mr. THOMPSON. I am not speaking monsense. They are right in offering missile programs, including anti-ship either, and I will yield the remainder of this amendment. missiles that are a threat to our naval my time after the Senator from Ohio is Senator THOMPSON is asking that we presence and commercial shipping in finished. I will yield the remainder of in this Senate pay attention to the na- the Persian Gulf. And published news any time I have. tional security concerns of this Nation, reports say a CIA report issued last Mr. ROTH. All right. We will let the asking that we put national security month confirmed that Chinese Govern- Senator from Ohio have—what is it, 2 ahead of greed. What is wrong with ment multinationals are assisting the minutes? that? He is asking that we put the na- Libyan Government in building a more Mr. THOMPSON. Yes. tional security of the United States of advanced missile program. The PRESIDING OFFICER. Is there America ahead of election-year poli- China certainly does not see our Gov- objection to the modified request? tics. ernment as a serious enforcer of non- Without objection, it is so ordered. What is the matter with this Senate? proliferation policy—and why should Mr. DEWINE. Mr. President, we can Can we not see the handwriting on the they? As a result, weapons of mass de- make up for this lost opportunity by wall? struction are in far more questionable passing this amendment. It is vitally The proliferation of weapons of mass hands and the world is a far more dan- important, I believe, that we do this destruction—nuclear weapons, ballistic gerous place. and we move forward. missiles, chemical weapons, biological The high priority China placed on This amendment is not just about weapons—is a growing menace to world WTO membership certainly presented holding other nations accountable as stability. Can we not see that? The ac- our Government with an opportunity proliferators, it is also about holding quisition of nuclear weapons by such to reassert its nonproliferation creden- our President accountable as the rogue nations as North Korea, Iran, tials. world’s principal nonproliferation en- and Iraq is the driving force behind the The PRESIDING OFFICER. The time forcer. costly and complicated effort by the of the Senator has expired. With this amendment, Congress United States to deploy a national mis- Mr. DEWINE. I ask for 1 additional would receive a comprehensive report sile defense system. Can we not see minute. each year from the President about the The PRESIDING OFFICER. Is there that? proliferation practices of other na- The proliferation of weapons of mass objection? Mr. ROTH. I object. tions. This report would require com- destruction is forcing the nations of Mr. MOYNIHAN. I object. prehensive information on prolifera- the world, including the United States, The PRESIDING OFFICER. Objec- tion practices, how these acts threaten to reevaluate their own national secu- tion is heard. Under the previous order, our national security, and what actions rity and to confront once again the the Senator from Delaware is to be rec- are being taken by the President in re- nightmarish possibility of nuclear war. ognized. sponse to these violations. Can we not see that? Mr. THOMPSON. Mr. President, did I This reporting requirement will pre- The main perpetrators behind the not have additional time? vent future administrations from re- spread of weapons of mass destruction Mr. ROTH. No, the vote is set for 1:45. peating the approach taken by the cur- are China, Russia, and North Korea. But, we are trying to work this out. rent administration, which ran and hid According to the Central Intelligence The PRESIDING OFFICER. The vote from our nonproliferation laws and re- Agency, in a report to Congress re- was to occur at 1:45. sponsibilities. leased last month, this unholy trinity Mr. DEWINE addressed the Chair. The amendment of the Senator from of proliferators were the key contribu- Mr. ROTH. I ask consent Senator Tennessee would dramatically improve tors to the pipeline of ballistic missile BYRD now be recognized for up to 10 the PNTR legislation. I say this be- related supplies and assistance going minutes and, following those remarks, cause PNTR is not just about trade—it into the Middle East, South Asia, and I be recognized in order to make a mo- is about U.S. foreign policy. We cannot North Africa. tion to table. let our trade policy with China It seems ludicrous to me that we The PRESIDING OFFICER. Is there supercede our national security policy. would even consider standing here and objection? The Senator from Ohio. The lessons learned from the Cox Com- debating the merits of extending Per- Mr. DEWINE. Mr. President, I will mission were clear: foreign policy and manent Normal Trade Relations status certainly not object, but I just add to national security policy must drive to the People’s Republic of China with- that, if I can have 2 additional minutes trade policy and not the other way out addressing the issue of China’s to finish my comments and we can around. leading role in the proliferation of then proceed? Mr. ROTH. Unfortunately, we are in I ask my colleagues: Have we asked weapons of mass destruction. The a very tight timeframe. I respectfully enough of China? Has this administra- Thompson-Torricelli amendment, of ask the Senator from Ohio to please tion done enough to advance our for- which I am a cosponsor, is essential to comply. We must proceed. I have tried eign affairs with China? I believe the tightening our scrutiny of and control to satisfy everybody. I ask him not to answer to both is a resounding ‘‘no.’’ over the illegitimate trafficking in proceed. The Thompson-Torricelli amendment weapons of mass destruction by Chi- Mr. DEWINE. I certainly will not ob- gives the Senate a chance to insist on nese entities. ject to the request of the chairman of more from China and more from this What weak dishwater is the excuse the committee. I have enough respect administration. If both China and fu- that we cannot add anything to the for my colleague, if that is what my ture administrations are going to take House-passed bill that would force a colleague thinks is absolutely nec- this Senate seriously as a clear and conference that might make some essary to not object. strong voice in our national security members of the House uncomfortable. Mr. THOMPSON. Mr. President, we policy, we should stand together to What a sorry spectacle is a Senate also had a unanimous consent for an support this amendment. completely cowed by the possibility additional, I think, 5 minutes that was I thank my colleagues, I thank my that we might upset the Chinese if we allotted to me. I think the Senator colleague from Tennessee, and I yield add this provision. from Ohio should be given at least an the floor. What a travesty that the Secretary additional 2 minutes, if that is the The PRESIDING OFFICER. The Sen- of Defense is reported to be calling case. I certainly agree Senator BYRD ator from West Virginia is recognized. Senators to oppose an amendment that should be given some time. There is no Mr. BYRD. Mr. President, I rise puts the Chinese on notice about their reason why we cannot work this out. today to congratulate Senator FRED egregious actions regarding the pro- Mr. ROTH. Let me say to the distin- THOMPSON and Senator TORRICELLI. liferation of weapons of mass destruc- guished Senator, I am yielding my 5 They are speaking the people’s lan- tion—weapons that threaten the safety minutes. I am not speaking. guage. They are talking plain, com- of the planet.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 17900 CONGRESSIONAL RECORD—SENATE September 13, 2000 I care nothing about a President’s they will put patriotism over pan- on labor and human rights in China, as well legacy if this is the price. I care noth- dering for profit any day. as subsidies from Beijing to Chinese compa- ing about profits for multinational I ask unanimous consent to print in nies. But on the floor and in news con- ferences, the focus was on the Thompson- companies if this is the price. the RECORD an item from the New York I took an oath to defend the Con- Torricelli amendment. ‘‘This is the vote on Times titled ‘‘Wavering Senators Feel- P.N.T.R.,’’ Senator Max Baucus, Democrat of stitution of the Unites States against ing Pressure on China Trade Bill.’’ I Montana said as he used the bill’s abbrevia- all enemies, foreign and domestic, and will have more to say about that later. tion. so did every other member of this body. There being no objection, the mate- Senator Tom Daschle of South Dakota, the Are we to tear up that oath for the rial was ordered to be printed in the Democratic leader, stated that opponents election-year politics and greed? RECORD, as follows: ‘‘have the votes to defeat Senator Thomp- son’s amendment.’’ Do we think that the American peo- [From the New York Times, Sept. 13, 2000] ple are watching this debate with pride Even Mr. Thompson acknowledged that he WAVERING SENATORS FEELING PRESSURE ON faced an uphill battle. ‘‘We’ve always known today? Do we think the American peo- CHINA TRADE BILL ple are willing to auction off this Na- it was going to be a tough vote,’’ Mr. Thomp- (By Eric Schmitt) son told reporters. ‘‘A lot of people are say- tion’s security interests for the low bid ing they would like to vote for it. But since of a Chinese promise to reduce tariffs? WASHINGTON, SEPT. 12.—Corporate leaders and several of President Clinton’s cabinet of- it is on P.N.T.R., they’re afraid it will com- China’s string of broken promises is ficers intensified pressure today on wavering plicate P.N.T.R.’’ longer than its Great Wall. senators to reject an amendment that could Supporters said the measure was necessary We are talking here about the wan- jeopardize passage this year of a trade bill to clamp down on Chinese exports of sophis- ton export of nuclear weapons, of with China. ticated weaponry to Iran, Libya, North chemical weapons, of biological weap- As the Senate girds for a crucial vote on Korea and Pakistan. ons and of long-range missiles. And the measure this week, supporters of legisla- ‘‘What is especially troubling about the what do we hear as a defense against tion to establish permanent normal trading Chinese activities is that this sensitive as- sistance is going to the most dangerous na- addressing such dangerous and diaboli- relations with China are pressing for a bill free of amendments. Those supporters say tions in the most volatile areas of the cal behavior? We hear the tepid, water- world,’’ said Mr. Torricelli. logged response that such action we there is not enough time before Election Day to reconcile an amended Senate bill with the Backers of the amendment scoffed at fears might take would endanger passage of version that the House passed in May. that amending the bill would doom the larg- this trade bill. At a White House meeting with Congres- er bill this year. ‘‘To say we cannot amend a I have been in legislative bodies for sional leaders today, Mr. Clinton urged bill that has been passed by the House would 54 years, Mr. President. This is the speedy approval of an unamended bill. The be the height of irresponsibility,’’ said Sen- first time I have ever seen anything measure is one of his top remaining foreign ator Kay Bailey Hutchison, Republican of such as this. When I was in the House policy goals and a necessary step for Amer- Texas. ican companies to benefit fully from a deal But amendment critics, including farm- of Delegates in West Virginia, I ob- state Republicans, said it was senseless to jected to being bound by a caucus, and reached last year by the United States and China that paves the way for China’s entry jeopardize a trade bill that would lower bar- I have never yet intended to be bound riers to China’s vast markets. ‘‘Approval for by any cabal or any commitment that, into the World Trade Organization. That 135- member trade group sets rules for global this bill will keep the United States eco- regardless of what the merits may be commerce. nomically and diplomatically engaged with on a given amendment, we will vote At issue is an amendment sponsored by one-fifth of the world’s population,’’ said against it. I have never seen that hap- Senators Fred Thompson, Republican of Ten- Senator Pat Roberts, Republican of Kansas. pen. I have never been one to believe in nessee, and Robert G. Torricelli, Democrat of ‘‘I cannot support a redundant and counter- that approach. New Jersey, that would impose sanctions on productive amendment that would effec- tively kill this legislation.’’ I say to my friend from South Caro- Chinese companies if they were caught ex- lina, Senator HOLLINGS, the world’s porting nuclear, chemical or biological weap- Mr. BYRD. Mr. President, I close by greatest deliberative body is quaking ons or long-range missiles. thanking Senator ROTH, Senator MOY- and wringing its hands over an amend- Defense Secretary William S. Cohen; NIHAN, and other Senators who have Treasury Secretary Lawrence H. Summers; been so considerate and courteous. I ment that would send a shot over the Mr. Clinton’s national security adviser, Sam- bow of the rogue elephant behavior of yield the floor. uel R. Berger; and the United States trade Mr. ROTH. Mr. President, I spoke at the Chinese. representative, Charlene Barshefsky, began We tremble at the thought of Chinese telephoning senators today, arguing that the length about my opposition to the displeasure. Our lips quiver at the amendment would not only imperil the trade Thompson amendment on Monday. But thought of displeasing big business or bill, but would also actually hamper Amer- I want to briefly reiterate that I be- the president of the Chamber of Com- ican efforts to combat the spread of sophisti- lieve this amendment, while well-in- merce or Cabinet members of the Clin- cated weaponry. tentioned, is seriously flawed. In par- ton administration or the President Senate aides negotiated the timing of ticular, this legislation relies on uni- himself as they dial for dollars and for votes. Senators could take up Mr. Thomp- lateral sanctions that are too widely son’s amendment on Wednesday or Thurs- drawn and too loosely conceived to votes. Those of us who refuse to roll day. Final passage of the overall bill, which over like good dogs just don’t get it. has overwhelming support, could occur as prove effective in countering prolifera- We know that the fix is in on this early as Friday or as late as next Tuesday. tion. In a global economy, shutting off fight, but we just keep slugging any- China will enter the W.T.O. no matter how Chinese and Russian access to Amer- way. Maybe we will land a good punch the Senate votes. But without Congress’s ican goods, agricultural and capital or two if we fight on. Maybe the powers blessing, Beijing could withhold some of the markets will not change Chinese or that be in China will notice there were trade benefits, including lower tariffs, from Russian behavior. Indeed, such actions some in the Senate who refused to le- the American farmers and companies that it would isolate the United States, not will extend to other members in the trade China, giving our competitors an open gitimize China’s outrageous disregard group. for the safety of the world by handing Thomas J. Donohue, president of the road to the world’s biggest nation and them the trophy of PNTR. Thank God United States Chamber of Commerce, fastest-growing market. for the likes of Senator PAUL warned of retribution against senators who And make no mistake about it: WELLSTONE, Senator FRED THOMPSON, support the Thompson-Torricelli measure. though there have been changes to the Senator FRITZ HOLLINGS, and Senator ‘‘Should this vote get tangled up in the bill to reduce the impact on farmers, BOB TORRICELLI, and the 33 brave politics of nuclear proliferation and other virtually every member of the farming souls—33 brave souls, I want you to amendments to the extent that it might not community—from the Alabama Farm- be passed,’’ Mr. Donohue said, ‘‘I think that ers Federation to the National Chicken know—who dared to vote with me on a would have a very serious political implica- couple of modest amendments to this tion for those who were a party to that ac- Council—has said in a letter that they ill-advised trade bill. I thank them. tion.’’ are absolutely against the Thompson I believe the American people know Senators easily dispatched several other amendment. Moreover, for the first what we are trying to do, and I believe amendments today, including those on pris- time, U.S. securities markets will be

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.000 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17901 used as a sanctioning tool. That’s why The PRESIDING OFFICER. Is there a lina is to occur at 2:30. The Senator Alan Greenspan opposes this legisla- sufficient second? from Connecticut has the floor. tion. There is a sufficient second. Mr. DODD. I thank the Chair. The unilateral sanctions in this The question is on agreeing to the Mrs. HUTCHISON. Will the Senator amendment are also indiscriminate in motion. The clerk will call the roll. yield for a question? their application and could be applied The legislative clerk called the roll. Mr. DODD. I am happy to yield. to some of our closest allies, such as Mr. NICKLES. I announce that the Mrs. HUTCHISON. Does the Senator from Connecticut need the full 10 min- Germany, the United Kingdom, Italy, Senator from Washington (Mr. GORTON) and France. Surely such actions will is necessarily absent. utes? I wanted to speak for a few min- make future multilateral coopera- Mr. REID. I announce that the Sen- utes as in morning business if he didn’t need it all. tion—which is absolutely essential to ator from Hawaii (Mr. AKAKA) and the Mr. DODD. If the Chair will inform solving proliferation problems—far Senator from Connecticut (Mr. the Senator from Connecticut when 8 more difficult. Another problem with LIEBERMAN) are necessarily absent. minutes have transpired, I will leave a this amendment is that even though The PRESIDING OFFICER (Mr. the President is theoretically able to couple minutes for my friend from GREGG). Are there any other Senators Texas. waive sanctions, Congress gains the in the Chamber desiring to vote? power to overturn the President’s The PRESIDING OFFICER. The Sen- The result was announced—yeas 65, ator from Connecticut is recognized. waiver through a procedure exactly the nays 32, as follows: same as the counterproductive one we Mr. DODD. Mr. President, I intended [Rollcall Vote No. 242 Leg.] currently use in annually renewing to offer these remarks prior to the con- normal trade relations with China. YEAS—65 sideration of the Thompson-Torricelli In addition, the evidentiary standard Allard Durbin Lincoln amendment, but time did not permit it. used to trigger sanctions, one of ‘‘cred- Baucus Edwards Lugar I am pleased with the outcome of the Bayh Enzi Mack vote in this Chamber regarding the ible information,’’ is too low. Surely, Bennett Feinstein Miller Thompson amendment. I do regret, in a critical national security actions Biden Fitzgerald Moynihan should be based on a higher standard, Bingaman Graham Murkowski sense, that we had to take the vote. I especially when they are could very Bond Gramm Murray am concerned that the powers that be Boxer Grams Nickles in the People’s Republic of China, or well be applied to our closest allies. It Breaux Grassley Reed Brownback Hagel elsewhere, may misread the vote as also appears that the Thompson Reid Bryan Harkin somehow rejection of our concern on amendment could have a disastrous ef- Robb Burns Hatch the issue of nuclear proliferation. fect on our Cooperative Threat Reduc- Campbell Inouye Roberts tion Program—better known as the Chafee, L. Jeffords Rockefeller Nothing could be further from the Nunn-Lugar Program—with Russia and Cleland Johnson Roth truth. This vote that occurred is obvi- Schumer Russian entities. Cochran Kennedy ously one where most of us felt very Craig Kerrey Smith (OR) deeply that the underlying agreement Section 4 of the Thompson amend- Crapo Kerry Stevens ment contains language that would ban Daschle Landrieu Thomas is of critical importance, as is the sub- Nunn-Lugar assistance to any Russian Dodd Lautenberg Voinovich ject matter of the amendment offered entity identified in the report required Domenici Leahy Warner by our friends and colleagues from Ten- Dorgan Levin Wyden by the amendment of the President. nessee and New Jersey. But it is the And so this amendment could actually NAYS—32 strong view of many of us that this was have the perverse effect of decreasing Abraham Hollings Sarbanes an unrelated matter and the amend- our ability to stem proliferation prob- Ashcroft Hutchinson Sessions ment, as drawn, was flawed in several Bunning Hutchison lems in Russia. The Thompson amend- Shelby respects. Byrd Inhofe Smith (NH) Specifically, the amendment called ment also raises serious constitutional Collins Kohl Snowe concerns. For example, Congress’ dis- Conrad Kyl Specter for the imposition of unilateral sanc- approval of the President’s determina- DeWine Lott Thompson tions against the People’s Republic of Feingold McCain Thurmond China, Russia, and North Korea for tion could result in severe sanctions Frist McConnell Torricelli against persons for actions that were Gregg Mikulski past and prospective proliferation ac- Wellstone perfectly legal when taken. The ex post Helms Santorum tivities. Although the amendment did facto effect raises serious due process NOT VOTING—3 give the President the authority to waive these sanctions under certain questions. The standard of proof, which Akaka Gorton Lieberman could result in sanctions against indi- circumstances, it also provides for the vidual U.S. citizens based on sus- The motion was agreed to. congressional challenge of the Presi- picions, rather than proof, raises sepa- Mr. ROTH. Mr. President, I move to dent’s use of that authority under ex- rate due process concerns. The congres- reconsider the vote. pedited procedures. Clearly, the issue sional disapproval procedures raise sep- Mr. MOYNIHAN. I move to lay that the sponsors sought to address in this aration of powers problems. In revers- motion on the table. amendment is a deeply serious one, ing the President’s determinations re- The motion to lay on the table was with significant national security and garding sanctions, Congress will, in ef- agreed to. foreign policy implications. fect, implicitly be second-guessing the The PRESIDING OFFICER. The Sen- I, for one, would not attempt to stand exercise of the President’s prosecu- ator from Connecticut. here and argue that the People’s Re- torial discretion. Mr. DODD. Mr. President, parliamen- public of China, or North Korea, or Proliferation is a matter of vital na- tary inquiry: I think under the order, Russia, or several other nations for tional interest. I applaud my friend my colleague and friend from North that matter, have always steadfastly from Tennessee for raising this issue, Carolina is to be recognized to offer an adhered to the international standards and I hope he will continue his work in amendment at this juncture. I have set forth in the existing multilateral this critical area next year, when I had a brief discussion with my col- nonproliferation agreements and arms hope we can come to agreement on a league from North Carolina. I don’t control regimes. Nor would I suggest measure that will gain the support of know whether I need to ask unanimous that China does not have the same ob- an overwhelming majority of this consent to proceed for 5 minutes prior ligations that every other nation has Chamber. But I must urge all my col- to Senator HELMS being recognized or to ensure that its exports of sensitive leagues to join me in opposing the not in order to achieve that result. nuclear weapons-related technology to Thompson amendment. May I inquire what is the parliamen- North Korea, Iran, Libya, and other Mr. President, I move to table the tary situation? states seeking to acquire such dan- Thompson amendment No. 4132, and I The PRESIDING OFFICER. Recogni- gerous weapons capability cease to ask for the yeas and nays. tion of the Senator from North Caro- occur.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17902 CONGRESSIONAL RECORD—SENATE September 13, 2000 I do wonder, however, whether the suring the fullest cooperation of all the sterilization—usually both—is not only underlying legislation is the appro- major participants in this sector is by revolting; it is shameful, because it is a priate place to be having a debate its very nature a dynamic process with practice that has been repeatedly docu- about an issue that is, after all, a glob- significant diplomatic ramifications. mented for 20 years now. In fact, the al problem that goes well beyond our Attempting to legislate the mechanics most recent State Department Human trade relations with one nation. of this effort is akin to attempting to Rights Report on China contains a de- Nor is the is problem likely to be perform brain surgery with a hacksaw, tailed account of the cruel, coercive solved by our simply legislating sanc- in my view. measures used by Chinese officials, tions against one country or another. China has problems—serious ones— such as forced abortion, forced steri- This is a multilateral problem that with proliferation. Nobody here is lization, and detention of those who isn’t going to be contained without going to claim that China is a benevo- even dare to resist this inhumane meaningful cooperation and the in- lent democracy, and I am sure we all treatment. volvement of all nations with a stake agree that there is much China must My pending amendment proposes to in containing the spread of nuclear do to meet the standards we expect of put the Senate on record as con- weapons and other weapons of mass de- civilized nations who are going to join demning the Chinese dictatorship’s struction. the World Trade Organization. Yet, I barbaric treatment of its own people. I am also fearful that whichever way also believe we should recognize that Although the Politburo of the Chi- the vote turned out—and in this case it there has been some positive move- nese Communist Party officially says— was defeated—it will be misinterpreted ment in this area. and I say absurdly says, and they say by those who want to believe that the Recent efforts at U.S. engagement it—that forced abortion has no role in U.S., and specifically the U.S. Senate, have resulted in China joining a num- China’s population control, it is, to the does not care about the issue of nuclear ber of major multilateral arms control contrary, a known fact that the Chi- proliferation, and therefore potential regimes in assisting us to defuse a nu- nese Government does indeed, abso- proliferators are free to do whatever clear crisis on the Korean peninsula, lutely, and without question, force they want. and in participating constructively in women to submit to forced abortion I don’t believe that is an accurate international efforts to contain the es- and to sterilization. Communist Chi- nor wise message to be sending. Nor do calating arms race between India and nese authorities strictly enforce birth I think it serves to further inter- Pakistan. quotas imposed on its citizens. They national nuclear nonproliferation co- How can we build on that progress? pay rewards to informants tattling on operation. Are we going to do it by denying China the women for having more than one As to the specifics of the amendment PNTR or mandating the imposition of child while making certain that local just adopted, I am puzzled by how the unilateral sanctions? Surely, there has population control officials using coer- sponsors have chosen to approach what to be a better way to encourage addi- cion are left absolutely unrestrained in is, after all, a global problem. They tional cooperation from Chinese au- the way they conduct themselves. For example, I have in hand reports have chosen to single out three coun- thorities in this area. of this cruel situation from many Chi- tries—China, Russia, and North I respectfully suggest that the nese citizens. I received this informa- Korea—for their participation in pro- Thompson amendment should not be tion in my capacity as chairman of the liferation activities, while effectively misinterpreted because, as important Senate Foreign Relations Committee. ignoring similar actions taken by other as it is, it would be misguided, in my These citizens have witnessed firsthand smaller nations. The list is much larg- view, to include it as was attempted in countless episodes of this bloody cru- er than those three nations. Any action this particular legislation. There is a elty. A defector from China’s popu- taken should be global in its focus. far greater chance that we are going to lation control program testified before I also don’t understand why our ex- get the kind of cooperation as a result a House International Relations Com- isting nuclear nonproliferation laws of China being a part of the World mittee hearing in June a couple of don’t provide at least what I believe for Trade Organization than isolating years ago that the Central Government the time being sufficient authority to them further. policy in China strongly encourages the President to respond accordingly to I hope we will have another oppor- local officials to use every conceivable violations of international non- tunity to address the proliferation coercive tactic in enforcing the one- proliferation standards by China or any issue. It is one that needs to be ad- child policy. They have described to me other potential exporter. dressed. This would have been the in person the results of women crying These laws include: the Arms Control wrong place. and begging for mercy simply because and Disarmament Act, Arms Export (The remarks of Mrs. HUTCHISON are they were prepared to deliver a child. Control Act, International Emergency located in today’s RECORD under Furthermore, Communist China’s Economic Powers Act, Export Adminis- ‘‘Morning Business.’’) population control officials routinely tration Act, Chemical and Biological The PRESIDING OFFICER. Under punish women who have conceived a Weapons Control Elimination Act, the previous order, the Senator from child without Government authoriza- Iran-Iraq Nonproliferation Act, Nu- North Carolina is recognized. tion. They subject the women to ex- clear Proliferation Prevention Act, and Mr. HELMS. Mr. President, I ask treme psychological pressures, enor- the Iran Proliferation Act of 2000. unanimous consent that it be in order mous fines which they can’t possibly These laws cover a full range of dan- for me to deliver my remarks seated at pay, along with the loss of their jobs, gerous proliferation activities. my desk. and with all sorts of other physical The mechanics of the amendment The PRESIDING OFFICER. Without threats. just rejected also gave me great pause. objection, it is so ordered. If women in China dare to resist the The low evidentiary standards in the Mr. HELMS. I thank the Chair. population control policy on religious amendment could automatically trig- AMENDMENT NO. 4128 grounds, they have to confront espe- ger a number of mandatory unilateral Mr. HELMS. Mr. President, during cially gruesome punishment. Amnesty sanctions that would ultimately hurt, the course of the Senate’s consider- International reported to us, and pub- or could hurt, our foreign policy, eco- ation of handing China the permanent licly, that Catholic women in two vil- nomic, and technological interests. We most favored nation status—that is lages were subjected to torture, to sex- must ensure that only those who traf- what it amounts to; just giving it to ual abuse, and to the detention of their fic in arms are affected by those sanc- them—several of us have highlighted relatives for daring to resist China’s tions. the abhorrent human rights record of population program. Proliferation is a very delicate and the Communist Chinese Government. Very credible reports indicate that if complex issue that affects our eco- China’s practice of forcing its women ‘‘these’’ methods aren’t enough to con- nomic and foreign policy agendas. En- citizens to submit to abortions and/or vince women in China to abide by the

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17903 regime’s population control program, At the end of the bill, insert the following: Mr. HELMS. Mr. President, I ask forced abortions are carried out pub- SEC. 702. SENSE OF CONGRESS REGARDING unanimous consent that the order for licly in the very late stages of preg- FORCED ABORTIONS IN CHINA. the quorum call be rescinded. nancy. (a) FINDINGS.—Congress makes the fol- The PRESIDING OFFICER. Without I think it was back in 1994 when it lowing findings: objection, it is so ordered. began. Since that time, forced abortion (1) Forced abortion was rightly denounced Mr. HELMS. Mr. President, I simply as a crime against humanity by the Nurem- want to inquire about how much time has been used in Communist China not berg War Crimes Tribunal. only to regulate the number of children I have remaining on my side. (2) For more than 18 years there have been The PRESIDING OFFICER. The Sen- born but under the policy known as the frequent, consistent, and credible reports of ‘‘Natal and Health Care Law,’’ preg- forced abortion and forced sterilization in ator has 21 minutes. nancies are terminated on a mandatory the People’s Republic of China. These reports Mr. HELMS. I thank the Chair. I basis if a Government bureaucrat arbi- indicate the following: yield the floor. The PRESIDING OFFICER. The Sen- trarily declares that an unborn child is (A) Although it is the stated position of ator from Delaware. defective. Nobody checks on him. He the politburo of the Chinese Communist Party that forced abortion has no role in the Mr. ROTH. Mr. President, I suggest doesn’t have to present any evidence. population control program, in fact the Com- the absence of a quorum. He just says the child is defective. That munist Chinese Government encourages The PRESIDING OFFICER. The is it. forced abortion and forced sterilization clerk will call the roll. I believe it is common knowledge through a combination of strictly enforced The assistant legislative clerk pro- that I am a resolute defender of the birth quotas, rewards for informants, and ceeded to call the roll. sanctity of life. I have tried to do that impunity for local population control offi- Mr. HELMS. Mr. President, I ask ever since I have been a Senator, and cials who engage in coercion. unanimous consent that the order for (B) A recent defector from the population prior to that time. But the pending the quorum call be rescinded. amendment is not merely about life; it control program, testifying at a congres- sional hearing on June 10, 1998, made clear The PRESIDING OFFICER. Without seems to me it is about liberty. Bu- that central government policy in China objection, it is so ordered. reaucrats terrorizing women into un- strongly encourages local officials to use co- Mr. HELMS. Mr. President, I ask wanted abortions or medical operations ercive methods. unanimous consent it be in order for permanently depriving them of their (C) Population control officials of the Peo- me to request and to receive a rollcall capability to have children, it seems to ple’s Republic of China, in cooperation with on the pending amendment. me, is the ultimate appalling affront to employers and works unit officials, routinely Mr. ROTH. Reserving the right to ob- freedom. monitor women’s menstrual cycles and sub- ject, I think the hope is that we will My pending amendment urges the ject women who conceive without govern- set the vote aside and have several ment authorization to extreme psychological President to ask the Chinese Govern- pressure, to harsh economic sanctions, in- votes later. ment to stop this ungodly practice. My cluding unpayable fines and loss of employ- Mr. HELMS. Do I have the floor? amendment also calls on the President ment, and often to physical punishment. The PRESIDING OFFICER. The Sen- to urge the Chinese Government to (D) Especially harsh punishments have ator from North Carolina has the floor. stop putting Chinese women in jail been inflicted on those whose resistance is Mr. HELMS. I say to the distin- whose crime is resisting abortion of a motivated by religion. According to a 1995 guished chairman that I am aware of child or sterilization. Amnesty International report, the Catholic that and I favor it. However, I do want I think this is a modest measure. It inhabitants of 2 villages in Hebei Province to get the yeas and nays on my amend- were subjected to enforcement measures in- ment. The scheduling of a whole series doesn’t condition PNTR on China’s cluding torture, sexual abuse, and the deten- Government changing its abhorrent be- of amendments suits me just fine. tion of resisters’ relatives as hostages. Mr. ROTH. We join the Senator in havior. It simply asks the President of (E) Forced abortions in Communist China the United States to say to the Chinese often have taken place in the very late asking for the yeas and nays. The PRESIDING OFFICER. Is there a that we want to defend the rights of stages of pregnancy, including numerous ex- women in China and ask the Chinese amples of actual infanticide. sufficient second? There is a sufficient second. officials to see that that happens. (F) Since 1994 forced abortion has been used in Communist China not only to regu- The yeas and nays were ordered. The question that comes to my mind Mr. HELMS. I thank the Chair. is, Can the Senate proceed to award late the number of children, but also to de- stroy those who are regarded as defective be- The PRESIDING OFFICER. The Sen- China with permanent trade privileges cause of physical or mental disabilities in ator from Delaware. while refusing to express our revulsion accordance with the official eugenic policy Mr. ROTH. Mr. President, I rise in at a basic violation of women’s free- known as the ‘‘Natal and Health Care Law’’. opposition to this amendment. China’s dom? (3) According to every annual State De- record on family planning and its use The amendment I shall propose and partment Country Report on Human Rights of forced abortion is indefensible. The call up in just a moment will not at all Practices for the People’s Republic of China country’s policy violates the most fun- since 1983, Chinese officials have used coer- endanger passage of PNTR. We need damental human rights. That is why not worry about that. I don’t think cive measures such as forced abortion, forced sterilization, and detention of resisters. the United States does not contribute PNTR ought to be approved at this (b) SENSE OF CONGRESS.—It is the sense of funds directly or indirectly to China’s time. But this amendment will not for- Congress that— family planning programs. bid or do any danger to the enactment (1) the President should urge the People’s My good friend and distinguished col- of PNTR. It will simply be a matter of Republic of China to cease its forced abor- league from North Carolina is to be the Senate doing and saying the right tion and forced sterilization policies and commended for bringing the matter of thing before it happens. practices; and Chinese forced abortions to our atten- (2) the President should urge the People’s AMENDMENT NO. 4128 tion. I do not oppose his amendment on Republic of China to cease its detention of (Purpose: To express the Sense of Congress those who resist abortion or sterilization. its merits. I only oppose it as an regarding forced abortions in the People’s amendment to H.R. 4444. Republic of China) Mr. HELMS. I thank the clerk. I As I said, if PNTR is amended, a con- Mr. HELMS. Mr. President, I now thank the Chair. ference and another round of votes on call up amendment No. 4128. I ask for the yeas and nays. I don’t H.R. 4444 will be necessary, likely de- The PRESIDING OFFICER. The believe I will be able to get them at stroying any chance for PNTR. There- clerk will report. this moment. fore, I must ask that my colleagues The assistant legislative clerk read I suggest the absence of a quorum. join me in voting against this amend- as follows: The PRESIDING OFFICER. The ment. The Senator from North Carolina (Mr. clerk will call the roll. The PRESIDING OFFICER. If no one HELMS) proposes an amendment numbered The assistant legislative clerk pro- yields time, time will be equally 4128: ceeded to call the roll. charged on both sides.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17904 CONGRESSIONAL RECORD—SENATE September 13, 2000 Mr. HELMS. Mr. President, we have communism in China, because the issue in- the principles of free enterprise and the a Senator on the way to the Chamber cluded commentaries by dissidents Wei rights of workers to organize, and dis- to speak on the pending amendment. I Jingsheng, Wang Dan, and the Dalai Lama. courage mandatory political indoc- suggest, to save time, the pending China also blocked the web sites of Time trination in the workplace. Warner’s Fortune magazine and CNN. amendment be laid aside temporarily (7) Chinese officials denied Fortune the The purpose of this amendment is so I can call up a second amendment. right to invite Chinese participants to the this: So often in this debate, the argu- The PRESIDING OFFICER. Is the Global Forum and instead padded the guest ment has been advanced that only by Senator making a unanimous consent list with managers of state-run firms. exposing the Chinese Government and request? (8) At the forum banquet, Chinese Premier the Chinese people to our values Mr. HELMS. Mr. President, I ask Zhu Rongji lashed out at the United States through expanded trade and invest- unanimous consent—and I hope every- for defending Taiwan. ment can we hope to bring about polit- one will agree to the unanimous con- (9) On June 5, 2000, China’s number two ical change in China, and the only way sent—to lay aside the pending amend- phone company, Unicom, broke an agree- ment with the Qualcomm Corporation by we can help that desired achievement ment. confirming that it will not use mobile-phone is to do as the amendment proposes. The PRESIDING OFFICER. Without technology designed by Qualcomm for at I have always been skeptical about objection, it is so ordered. least 3 years, causing a sharp sell off of the this because businesses are not in the Mr. HELMS. Mr. President, I wish to United States company’s stock. business of expanding democracy. I am renew my request that it be in order (10) When the Taiwanese pop singer Ah- not going to comment on what the for me to be seated during the presen- mei, who appeared in advertisements for businesses support in PNTR and the tation of my remarks. Sprite in China, agreed to sing Taiwan’s na- way it is being supported. Be that as it The PRESIDING OFFICER. Without tional anthem at Taiwan’s May 20, 2000, pres- may, businesses exist, quite frankly, to objection, it is so ordered. idential inauguration, Chinese authorities immediately notified the Coca-Cola company make money. I certainly have no prob- AMENDMENT NO. 4123 that its Ah-mei Sprite ads would be banned. lem with that. But let’s be honest on (Purpose: To require the Secretary of Com- (11) The company’s director of media rela- the process of what we are doing here merce to consult with leaders of American tions said that the Coca-Cola Company was in this Senate Chamber. American businesses to encourage them to adopt a ‘‘unhappy’’ about the ban, but ‘‘as a local businesses, even if viewed in the most code of conduct for doing business in the business, would respect the authority of charitable light, are not likely to lift a People’s Republic of China) local regulators and we will abide by their finger to promote democracy in China. Mr. HELMS. Mr. President, I call up decisions’’. Unfortunately, it is difficult to view amendment No. 4123 and ask it be stat- (12) In 1998, Apple Computer voluntarily re- moved images of the Dalai Lama from its some of the American businesses chari- ed. tably when we examine their attitude The PRESIDING OFFICER. The ‘‘Think Different’’ ads in Hong Kong, stating toward China. If I step on some toes clerk will report. at the time that ‘‘where there are political sensitivities, we did not want to offend any- here, I am sorry, but I believe I must The assistant legislative clerk read one’’. have my say for the benefit of the Sen- as follows: (13) In 1997, the Massachusetts-based Inter- ate. The Senator from North Carolina [Mr. net firm, Prodigy, landed an investment con- The powerful lure of potential huge HELMS], proposes an amendment numbered tract in China by agreeing to comply with Chinese markets has obviously clouded 4123. China’s Internet rules which provide for cen- At the end of the bill, insert the following: soring any political information deemed un- the judgment of some of our top com- SEC. ll. CODE OF CONDUCT FOR BUSINESSES. acceptable to the Communist government. panies and some of their executives. (a) FINDINGS.—Congress makes the fol- (b) SENSE OF SENATE.—It is the sense of With regret, I have concluded that lowing findings: Senate that in order for the presence of some of America’s top businesses have (1) The Chief Executive of Viacom media United States businesses to truly foster po- been willing to supplicate to the Com- corporation told the Fortune Global Forum, litical liberalization in China, those busi- munist Government of China, hoping a gathering of hundreds of corporate leaders nesses must conduct themselves in a manner that the Chinese Government will that reflects basic American values of de- in Shanghai to celebrate the 50th anniver- allow them someday to make a profit sary of communism in China in September mocracy, individual liberty, and justice. 1999, that Western media groups ‘‘should (c) CONSULTATION REQUIRED.—Not later there. avoid being unnecessarily offensive to the than 90 days after the date of enactment of I want the Senate to consider the fol- Chinese government. We want to do business. this Act, the Secretary of Commerce shall lowing statements and actions by We cannot succeed in China without being a consult with American businesses that do American businesses in China, which friend of the Chinese people and the Chinese business in, have significant trade with, or are stated as findings in the pending government.’’. invest in the People’s Republic of China, to amendment: encourage the businesses to adopt a vol- (2) The owner of Fox and Star TV networks No. 1, the chief executive of Viacom has gained favor with the Chinese leadership untary code of conduct that— (1) follows internationally recognized media corporation told the Fortune in part by dropping programming and pub- Global Forum, a September 1999 gath- lishing deals that offend the Communist human rights principles, including freedom Government of China, including the book by of expression and democratic governance; ering of hundreds of corporate leaders the last British Governor of Hong Kong. (2) ensures that the employment of Chinese in Shanghai gathered to celebrate—get (3) The Chief Executive of Time Warner, citizens is not discriminatory in terms of this—the 50th anniversary of com- which owns the Fortune company that orga- sex, ethnic origin, or political belief; munism in China—They gathered to nized the Global Forum, called Jiang Zemin (3) ensures that no convict, forced, or in- celebrate the fact that western media dentured labor is knowingly used; his ‘‘good friend’’ as he introduced Jiang to groups, ‘‘should avoid being unneces- make the keynote speech at the conference. (4) supports the principle of a free market economy and ownership of private property; sarily offensive to the Chinese Govern- Jiang went on to threaten force against Tai- ment.’’ wan and to warn that comments by the West (5) recognizes the rights of workers to free- on China’s abysmal human rights record ly organize and bargain collectively; and No. 2, the owner of Fox and Star TV were not welcome. (6) discourages mandatory political indoc- networks has repeatedly gained favor (4) The Chief Executive of American Inter- trination on business premises. with the Chinese leadership by drop- national Group was reported to be so effusive Mr. HELMS. Mr. President, the pend- ping programming and publishing deals in his praise of China’s economic progress at ing amendment proposes that the Sec- that offend the Communist Govern- the Global Forum that one Chinese official retary of Commerce be requested to ment of China, including a book writ- described his remarks as ‘‘not realistic’’. consult with American businesses on ten by the last British Governor of (5) The founder of Cable News Network, drafting and adopting a voluntary code Hong Kong. one of the world’s richest men, told the Glob- of conduct for doing business in China. No. 3, the Chief Executive of Amer- al Forum that ‘‘I am a socialist at heart.’’. (6) During the Global Forum, Chinese lead- Such a voluntary code of conduct ican International Group was reported ers banned an issue of Time magazine (owned would follow internationally recog- to be so effusive in his praise of China’s by Time-Warner, the host of the Global nized human rights, work against dis- economic progress at this global forum Forum) marking the 50th anniversary of crimination and forced labor, support that one Communist Chinese official

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17905 described the remarks as ‘‘not real- United States for daring to speak Mr. SMITH of New Hampshire. Mr. istic.’’ about human rights while in Com- President, let me take the opportunity No. 4, the founder of CNN, one of the munist China, and for defending demo- to say again publicly on this floor to world’s wealthiest men, proudly told cratic Taiwan, of course. the Senator from North Carolina what the global forum, ‘‘I am a socialist at So I wonder if our corporate execu- an honor it is to serve with him and to heart.’’ tives woke up the next morning feeling know him as a friend. He is one of the No. 5, in 1998, Apple Computer volun- a little bit underappreciated. But even finest people I have ever met in my tarily removed images of the Dalai if they did not, one thing is for certain. life. I don’t say that lightly. There are Lama from its ‘‘Think Different’’ ads This type of attitude and conduct by a lot of people, especially the unborn in Hong Kong, stating at the time, American businessmen will never, children of this world, who know who ‘‘Where there are political sensitivi- never, never promote democracy in has been carrying the torch here for ties, we did not want to offend any- China, let alone participate in causing children who cannot speak for them- one.’’ it to come about. If the presence of selves in the womb. They owe you a No. 7, in 1997, the Massachusetts- American businesses truly purports to lot. We owe you a lot. I am proud to be based Internet firm, Prodigy, landed an aid in bringing democracy to China, here in the Senate with you. investment contract in China by agree- then those businesses, it seems to me, Mr. HELMS. I thank the Senator. ing to comply with China’s Internet must conduct themselves in a manner Mr. SMITH of New Hampshire. Mr. rules which provide for censoring any reflecting basic American values—such President, I am proud to stand in sup- political information—now get this— as individual liberty and free expres- port of the Helms amendment. On Au- ‘‘deemed unacceptable to the Com- sion and free enterprise. gust 24 of this year, publications all munist government.’’ That is what the pending amend- around the world ran headlines very I am forced to wonder if some of our ment’s voluntary—and I repeat vol- similar to this: business leaders understand what they untary—code of conduct calls for. Of Chinese kill baby to enforce birth rule. are doing when they make such state- course, I realize that some American The article went on to describe how ments and make such decisions. Obvi- firms have already adopted their own five Chinese Government officials ously, they are trying to curry favor ethical rules and codes for inter- intruded into the home of a woman with the Communist Government of national business, but they generally who had given birth against the state’s China in which they aim to do busi- are limited, narrow business practices, oppressive ‘‘one child’’ policy. They ness. But isn’t there a limit to what don’t you see, and certainly have not waited in her living room until she re- they would do to accomplish what they prevented the sort of kowtowing to turned from the hospital. When she ar- seek? To say things that are so clearly China’s ruling Communists whom I rived, the officials ripped the baby boy untrue, or to agree to self-censorship have just described. from her arms where—to the horror of when some of them are in the media The point is this, and I will conclude. his mother and onlookers—they walked business, it seems to me, undermines I fail to see any reason on the face of outside to a rice paddy and drowned the ultimate goal of these companies— the Earth why the Senate should not the child in front of his parents’ eyes. their higher profits—by legitimizing a take this step at least before con- A wave of anger obviously enveloped Communist government that mani- cluding that trade will automatically this small township in the following festly does not even believe in the free bring democracy to Communist China. hours of the child’s murder. However, enterprise system. Mr. President, before I yield the this is China. Villagers are kept from In any event, some U.S. businesses floor, let me request, by the same speaking out against this atrocity, and certainly did not seem to get a very method as previously, that I be granted they find themselves in a terrible state good return on their investment of the yeas and nays on this amendment. of unified silence as a fear of retribu- goodwill. Just consider how the Chi- The PRESIDING OFFICER. Is there tion, harm, or even death for their own nese Government repaid Time-Warner, objection? Without objection, it is so families settles upon them. for example. At the very moment that ordered. This is the China to which we are Time-Warner was sponsoring a con- The yeas and nays were ordered. giving permanent trade status with ference in Shanghai for American busi- The PRESIDING OFFICER (Mr. this bill. I find it unbelievable that we ness leaders to celebrate the 50th anni- CRAPO). The Senator from New Hamp- cannot get these kinds of human rights versary of Chinese communism, Chi- shire. atrocities addressed in this permanent nese leaders banned the then-current AMENDMENT NO. 4128 normal trade relations bill for China. issue of Time magazine, which is Mr. SMITH of New Hampshire. Mr. We are saying this is fine, we will ig- owned, of course, by Time-Warner. President, I ask unanimous consent to nore it, not talk about it, as long as we They removed it from the Chinese news return to the Helms amendment No. can sell them wheat, corn, whatever, stands—because of what? Because that 4128. and make money. So we can ignore issue happened to include com- The PRESIDING OFFICER. Without this. mentaries by some Chinese dissidents objection, it is so ordered. I am the first to admit we cannot in- and by the Dalai Lama. Then China Mr. SMITH of New Hampshire. Mr. trude, unfortunately, into the policies blocked the web sites of Time Warner’s President, how much time is remaining of the Government of China, but we Fortune magazine, as well as CNN, the on the amendment—on Senator HELMS’ can make known these policies to the founder of which is a self-described so- time? world and we can say as a nation, sup- cialist. I didn’t say it; he said it. The PRESIDING OFFICER. The Sen- posedly the moral leader of the world, Chinese officials denied the con- ator from North Carolina retains 20 that this is wrong. ference organizers the right to invite minutes. I am proud of Senator HELMS for certain Chinese participants to the Mr. SMITH of New Hampshire. Mr. bringing this to the attention of the forum. Instead, the Chinese leaders President, I ask the Senator from Senate during this debate, and I cannot padded the guest list with managers North Carolina, if he desires to finish understand, for the life of me, why we of—what? Chinese-run firms. the debate on this, please interrupt me cannot allow simple sense-of-the-Sen- That is the way they do business over and I will be happy to yield to him. ate language to this permanent normal there. That is the crowd that every- Mr. HELMS. Inasmuch as the Chair trade relations bill in an effort to stop body in this country seems to be clam- has yielded me the right to comment this horrible, barbaric behavior. oring to bow and scrape to. from my seat at my desk, let me say I The Helms amendment simply ex- I have to say this for the Chinese yield all the time to the Senator that presses the sense of Congress that, one, leaders: at least they stood up at the he requires. Congress should urge China to cease its banquet at the conclusion of the con- The PRESIDING OFFICER. The Sen- forced abortion and forced sterilization ference and harshly lashed out at the ator is recognized. policies, and two, the President should

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17906 CONGRESSIONAL RECORD—SENATE September 13, 2000 urge China to cease its detention of who disagree with the issue, where are husband or her parent or anyone in her those who resist abortion and steriliza- you today? If you are for a woman’s family until she comes forward and tion. It is a good amendment. There is right to choose to have an abortion, surrenders to have that abortion. nothing wrong with this amendment. It why can you not be for a woman’s right This is happening in China. Let’s not is fair and it is reasonable. not to have one? Why the silence? kid ourselves. Let’s not pretend it does In addition, I also believe that Chi- Where are the votes on this amend- not happen. It is happening in China. nese women should have the right to ment? I want to read from Ms. Gao’s testi- choose. It is interesting, those who I want to spend the next minute or mony in 1998. It is pretty compelling, have been the strongest proponents of two telling about one brave woman and it is not pleasant. She said: abortion in this Chamber—when it who dared to come out of Red China to Once I found a woman who was 9 months comes to a Chinese woman’s right to talk about this so-called planned birth pregnant but did not have her birth-allowed say, ‘‘I want to have my child,’’ the si- policy. Her name is Ms. Gao. She testi- certificate. According to the policy, she was fied before the House Subcommittee on forced to undergo an abortion surgery. In the lence is deafening. When a woman says, operation room, I saw how the aborted ‘‘I have the right to choose to have an International Operations and Human child’s lips were sucking, how its limbs were abortion,’’ they are out here in full Rights a couple of years ago. According stretching. A physician injected poison into force. A little inconsistency? to Ms. Gao, in order to successfully its skull, and the child died and was thrown The point is, a Chinese woman is carry out the policy, precise records of into a trash can. To help a tyrant do evils told, in spite of the fact she wants to the women in her province were com- was not what I wanted . . . I could not live have her child, that she cannot, and piled, noting their names, births, mar- with this on my conscience. I, too, after all, not only can she not have it, it is riages, pregnancies, reproductive cy- am a mother. aborted forcefully. cles—all sorts of information. She goes on to say: I had constituents, a young couple, a Women who met the planned birth All of those 14 years, I was a monster in few months ago come to me. They were committee’s criteria were then issued a the daytime, injuring others— both Chinese. They had been visiting ‘‘birth allowance,’’ while those women and killing babies— America. She was about 5 or 6 months who did not meet the criteria were by the Chinese communist authorities’ bar- pregnant and was told if she went back given ‘‘birth not allowed’’ notices. baric planned-birth policy, but in the evening, I was like all other women and to China the child was going to be This is the country to which we are giving permanent normal trade rela- mothers, enjoying my life with my children. aborted. I turned all hands on deck to I could not live such a dual life anymore. get that case resolved so they did not tions. Senator HELMS is not forcing us to do anything except to put this lan- Here, to all those injured women, to all those have to go back, and she did not go children who were killed, I want to repent back. She had that child, now an Amer- guage in the bill as a sense of the Sen- and say sincerely that I’m sorry! I want to be ate that alerts the world to this prac- ican citizen, born in freedom, but that a real human being. It is also my sincere tice. That is all he is asking. We are child would have been aborted in China hope that what I describe here today can told if we support Senator HELMS, we lead you to give your attention to this issue, against the wishes of the mother. We are going to delay the passage of the so that you can extend your arms to save cannot even get this issue addressed bill. So? Permanent is permanent. China’s women and children. with sense-of-the-Senate language be- What are a few more days, hours, min- Senator HELMS has fulfilled that fore we pass on the fast track perma- utes? I venture to say, if we sent this lady’s expectations by bringing this to nent normal trade relations. back to the House with the Helms lan- the attention of the Senate, the Amer- There is so much talk about choice, guage in it, it would take the House ican people, and the world, on behalf of but the choice only runs one way— about 5 minutes to approve it, and that China’s women and children. when one is talking about the woman’s would be the end of it. What is a real shame is, what the ‘‘right’’ to an abortion. When it comes What they are really afraid of is of- Senator is asking here will be rejected to the right to choose to have her baby, fending the Chinese—that is what this as we vote no. silence. is about—because we do not want to Finally, Ms. Mao stated: It is a stated position of the Chinese lose the sales of our agricultural prod- My conscience was always gnawing at my Communist Party that forced abortion ucts. Sales of agricultural products are heart. and forced sterilization have no role in more important than the lives of chil- You see, because the official religion the population control program. In dren who are forcibly killed in front of of the Chinese Government is atheism, fact, the Chinese Communist Govern- their parents. If a woman is found to be as it is with all Communist regimes, ment encourages both forced abortion pregnant and does not possess a birth- their policies and officials do not have and forced sterilization. I emphasize allowed certificate, she is immediately to answer to any higher power except ‘‘forced.’’ They accomplish this given an abortion, no matter how far to the state. There is no sense of mo- through a combination of strictly en- along the pregnancy is. I repeat—no rality behind their Government’s deci- forced birth quotas and immunity for matter how far along the pregnancy is. sionmaking process. local population control officials who Enforcement is a crucial component But let me ask a very poignant ques- use coercion to force abortion. of China’s planned parenthood policies. tion. Is there a sense of our morality to Nobody really knows for sure how Mandatory medical inspections for ignore it? What does it say about our many women undergo these abortions. women of childbearing age is required. morality to say we will sell corn and We do not exactly have a population One can imagine the secrecy, trying to wheat and make a profit and ignore count on that score. Most women are hide the fact you are pregnant if you this? Why not say: Stop this and we afraid to report. The numbers are kept want to have the child, maybe even will sell you the corn and the wheat? secret. keeping it from your own family, cer- Isn’t that better? Aren’t we supposed According to Harry Wu, the director tainly friends, relatives, for fear you to be the moral leader? of the Laogai Research Foundation, are going to be turned in to Big Broth- When God is absent, human life is in- who once lived in China and now mon- er, Communist China Government. valuable, isn’t it? It does not have itors and writes about his native home- Those who fail to undertake these med- much meaning because we are children land, the city of Janjiang alone experi- ical examinations at the preordained under God. If you do not believe that, enced 1,141 forced abortions in one 9- time face jail and monetary fines. then life has no meaning other than month period in 1997. Those were Night raids to apprehend women in how it exists here on this Earth. women who wanted to have their chil- violation of state policy are frequent. That is why you have forced abor- dren and were forced to have an abor- Where are the proponents of women’s tions. That is why you have persecu- tion. rights on this debate? Why are they not tion. That is why you have guns point- One can imagine the horror of the standing with Senator HELMS? ed at students’ heads. That is why you woman who has to go through that. I If the Chinese Government cannot lo- have tanks poised to run over pro- say with the greatest respect for those cate the woman, they will detain her testers.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17907 That is why you have harvested or- these guidelines. In addition to the original public, and the purpose of this is to make it gans. I talked about that this morning one-child policy itself, the Marriage Law of know to everyone that the couple is in viola- in my amendment, I say to Senator 1980 requires the practice of family planning. tion of the policy, therefore facilitating su- The law encourages the policy of late mar- pervision of the couple. HELMS, which got 29 votes, including riage and late birth, and sets the minimum To issue ‘‘birth control measures imple- the Senator’s, for which I am very marriage age at 22 years of age for men and mentation notices.’’ According to their spe- grateful. They also do that. That is an- 20 years of age for women. Provincial regula- cific data, every woman of child-bearing age other issue. China harvests organs—not tions enacted in the eighties established ar- is notified that she has to have contraceptive from willing donors—from prisoners tificial quotas, which planned birth cadres device reliability and pregnancy examina- who sometimes do nothing more than were to enforce strictly. Leaders in Jiangxi, tions when necessary. Should she fail to protest against the state. They are exe- Yunnan, Fujian, and Shaanxi provinces, for present herself in a timely manner for these cuted by being shot in the head, and example, received orders to strictly limit the examinations, she will not only be forced to then organs are taken and sold for number of births in excess of their author- pay a monetary penalty, but the supervision ized targets by forcing women to have abor- team will apprehend her and force her to $30,000 apiece for a kidney, and the tions, euphemistically referred to as ‘‘taking have such examinations. money is given to the Chinese military. remedial measures.’’ To impose monetary penalties on those We lost on that amendment, I say to In May of 1991, the Chinese Communist who violate the provincial regulations. Senator HELMS, by a vote of 60-some- Party Central Committee enacted the ‘‘Deci- Should they refuse to pay these penalties, thing to 29. What does that say? That sion to Intensify Planned-Birth Work and the supervision team members will appre- we are unwilling to send this back to Strictly Control Population Growth.’’ This hend and detail them as long as they do not the House for 5 or 10 minutes in con- policy paper contains provisions suggesting pay. ference and pass it? the use of IUD’s, sterilization, and pregnancy To supervise ‘‘go-to-the-countryside cad- That is why I am strongly supporting termination in some circumstances. In all, res.’’ The municipal planned-birth com- the policy aims to create a greater uni- mittee often sends cadres from other areas this amendment by Senator HELMS. I formity between central and provincial fam- to villages, for fear that local cadres could am proud to support this amendment. I ily planning and laws. While there have been cooperate with villagers, or that a local am proud to stand here on the floor of alternate tightenings and relaxations of the backlash would develop against the cadres the Senate and say that this is wrong. policy, evidence brought to light at the June who conscientiously carry out their duties. Sometimes you have to say things 10, 1998 hearing before the House Sub- To write monthly ‘‘synopses of planned- whether you win the debate or not. committee and International Operations and birth reports,’’ which are signed by the town Sometimes it does not matter whether Human Rights revealed that the coercive head and the town communist party, and you win the debate or not; it is just practices first implemented in the eighties then are submitted to the municipal people’s persist to this day. Never before has this sys- government and the communist party com- having the debate that matters. tem been exposed to the world in its en- mittee. They wait for cadres for superior His amendment would encourage the tirely. In fact, up until this point, the Chi- government organs to check their work at Chinese Government to stop this atroc- nese government has been internationally any time. ity, to stop this barbaric act, to stop applauded for its effective population control To analyze informant materials submitted forcing abortion on unborn children efforts. The Chinese government has always in accordance with the ‘‘informing system,’’ and forcing women to have those abor- insisted that it uses only voluntary methods and then put these cases on file for inves- tions. for controlling the amount of children born tigation. Some materials are not conclusive, It is not unreasonable to ask my col- into Chinese families. Unfortunately, the but planned-birth cadres are responsible for leagues to support this amendment evidence repeatedly contradicts this empty their villages, and to avoid being punished assertion. which is vital to human rights in by their superiors and to receive the bonuses CHINA’S POPULATION POLICY EXPOSED promised for meeting planned-birth goals. China. It is vital to the rights of a The cadres are under tremendous pressure woman and it is vital to the rights of a Gao Xiao Duan, a former cadre in a planned-birth office in Yonghe Town in from the central and provisional regulations child. Fujian Province, testified before the House to carry out the policy. Even if the cadres Mr. President, I ask unanimous con- of Representatives Subcommittee on Inter- brutally infringe on human rights, there has sent to have printed in the RECORD the national Operations and Human Rights on never been evidence of cadres being punished remarks from Harry Wu on forced abor- June 10, 1998, and exposed the system of op- for their actions. tions in China. pression before a packed hearing room. Gao, Whenever the planned-birth office calls for There being no objection, the mate- still Chinese citizen, was employed as an ad- organizing ‘‘planned-birth supervision rial was ordered to be printed in the ministrator at the Yonghe town planned- teams,’’ the town head and communist party committee secretary will immediately order RECORD, as follows: birth, where her job was to ‘‘work out and implement concrete measures pursuant to all organizations—public security, court, fi- FORCED ABORTION AND STERILIZATION IN the documents of the Central Committee of nance, economy—to select cadres and orga- CHINA—THE VIEW FROM INSIDE the Chinese Communist Party, and the State nize them into teams. They are then sent to A BURGEONING POPULATION Council on planned-birth.’’ In other words, villages, either for routine door-to-door It has been over twenty years since the she was to carry out the dictates of the com- checking or for punishing of local violators. People’s Republic of China, which has 22% of munist regime in accordance with the ‘‘One Supervision teams are makeshift, and to the world’s population, began implementing child’’ policy. Her day-to-day duties were as avoid leaks, cadres do not know the village its population-control policy, or planned follows: to which they will be sent until the last birth policy in mainland China. In the years To establish a computer data bank of all minute. Planned-birth supervision teams following the 1949 victory of the Communist women of child-bearing age in the town usually exercise night raids, encircling sus- Party in the PRC, Communist leader Mao (10,000+ women), including their dates of pected households with lighting speed. Zedong promoted population growth, regard- birth, marriages, children, contraceptive Should they fail to apprehend a woman vio- ing a large population as an asset for both ring insertions, pregnancies, abortions, lator, they may take her husband, broth- production and security. In the most recent child-bearing capabilities, menstruation er(s), or parent(s) in lieu of the woman her- decades, as the focus of the Chinese govern- schedule, etc. self, and detain them in the planned-birth of- ment has shifted towards economic develop- To issue ‘‘birth allowance’’ certificates to fice’s detention room until the woman sur- ment, the Communist government has taken women who met the policy and regulations renders. They then would perform a steriliza- to blaming the cultural traditions of its own of the central and provincial planned-birth tion or abortion surgery on the woman viola- people for the population explosion. The committees, and are therefore allowed to tor. need to promote growth and combat the tra- give birth to children. Without this certifi- Gao also outlined several policies that are ditions of large families became justifica- cate, women are not allowed to give birth to carried out in the wake of ‘‘planned-birth su- tions for one of the most barbaric abuses of children. Should a woman be found to be pervision’’. government power ever revealed: the infa- pregnant without a certificate, abortion sur- House dismantling. No document explicitly mous ‘‘one child’’ policy. gery is performed immediately, regardless of allows dismantling of a violator’s house. To Since 1979 when the population-control pol- how many months she is pregnant. the best of her knowledge, however, this icy was first implemented, it has been a top- To issue ‘‘birth-not-allowed notices.’’ Such practice not only exits in Fujian Province, down system of control: the central govern- notices are sent to couples when the data but in rural areas of other provinces as well. ment establishes general policy guidelines, concludes that they do not meet the require- Apprehending and detaining violators. and local governments institute and enforce ments of the policy, and are therefore not al- Most planned-birth offices in Fujian Prov- specific directives and regulations to meet lowed to give birth. Such notices are made ince’s rural areas have their own detention

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17908 CONGRESSIONAL RECORD—SENATE September 13, 2000 facilities. In her town, the facility is right icy. In late 1993, Gao and her husband adopt- For many years I have collected many sto- next door to her office. It has one room for ed a boy from Harbin, a province in north- ries about the tragic experiences of people males and one room for females, each with a east China. They had no choice but to keep who are affected by the planned-birth policy. capacity of about 25–30 people. To arrest and him in someone else’s home. For fear of Their personal experiences may be more detain violators, the planned-birth office being informed against by others in the emotionally shocking, but I want to explain does not need any consent by judicial or pub- town, the child never referred to Gao as China’s internal documents that I have col- lic security institutions, because their ac- ‘‘mama’’ in the presence of outsiders. When- lected over the years. The basic arguments tions are independent of those organizations. ever government agencies conducted door-to- for China’s population policy are: Detainees pay Y8.00 per day for food. They door checks, her son had to hide elsewhere. China’s living and land resources are lim- are not allowed to make phone calls, or to Her elder sister and her elder brother’s ited, which tremendously impedes its devel- mail letters. The majority of detainees are, wife have only two daughters each. Both of opment, added to which is population of course, either women who are pregnant them were sterilized, their health ruined, growth. To become a prosperous nation, without ‘‘birth allowance certificates,’’ making it impossible for them to ever live or China must control its population growth. women who are to be sterilized, or women work normally. Limited economic resources and over- who have been slapped with monetary pen- During her 14-year tenure in the planned- population cause disruption of education, the birth office, she witnessed how many men alties. As stated previously, if they do not environment, health services, and negatively and women were persecuted by the Chinese apprehend the women themselves, they de- affect quality of life issues in China. communist government for violating its tain their family members until the women In short, the Chinese government wishes ‘‘planned-birth policy.’’ Many women were agree to the sterilization and abortion sur- people, especially Chinese citizens, to believe crippled for life, and many were victims of that overpopulation makes China a back- geries. mental disorders as a result of their un- Sterilization. The proportion of women ward nation, and that controlling it will wanted abortions. Families were ruined or sterilized after giving birth is extraor- allow them to develop as a nation. Such a destroyed. Gao, with tears streaming down dinarily high. Sterilization can be replaced point of view is preposterous, and is coun- her face, told during her testimony of how with a ‘‘joint pledge,’’ with 5 guarantors her conscience was always gnawing at her tered by the following two observations: Certain nations such as Japan have even jointly pledging that the woman in case heart. shall not be pregnant again. Much of the She vividly recalled how she once led her more limited per capita living resources time, however, this kind of arrangement is subordinates to Yinglin Town Hospital to than China, but are nevertheless extraor- impossible, because five people are unlikely check on births. She found that two women dinarily prosperous. to be willing to take on the liability of hav- in Zhoukeng Town had extra-plan births. In Is it not the lack of a rational social and ing to guarantee that a woman will not be- a move approved by the head of the town, economic system that retarded China’s de- come pregnant. It is important to remember she led a planned-birth supervision team velopment in the years following the rise of that if she does, by some chance, become composed of a dozen cadres and public secu- the Communist Party? For several years pregnant, they are responsible for her ac- rity agents. Sledge hammers and heavy after the 1949 Communist victory, China’s tions, too. crowbars in hand, they went to Zhoukeng economy did in fact make great strides— Abortion. According to government regula- Town, and dismantled the women’s houses. without a population control policy. Eco- tions, abortion for a pregnancy under 3 Unable to apprehend the women in the case, nomic backwardness resumed because of months is deemed ‘‘artificial abortion,’’ and they took their mothers and detained them failed communist economic experiments. if the pregnancy exceeds three months, it is in the planned-birth office’s detention facil- After economic reforms that started in the called ‘‘induced delivery.’’ In her town, an ity. It was not until a month and a half later late 70’s under Deng, the economy has again average of 10–15 abortion surgeries are per- that the women surrendered themselves to improved. The economic advances that formed monthly, and of those surgeries, one the planned-birth office, where they were China has made in the last two decades third are for pregnancies exceeding 3 quickly sterilized and monetary penalties should be attributed to economic reforms months. were imposed. Gao spoke at length about rather than to the strict population policy. Every month her town prepares a report, how she thought she was conscientiously im- This is not to say that population control the ‘‘synopsis of planned-birth report.’’ It plementing the policy of the ‘‘dear Party,’’ had nothing to do with the economic growth enumerates in great detail the amount of and that she was just being an exemplary China has experienced, but it is a well-known births, issuing of birth-allowed certificates, cadre. observation that as economies prosper, fer- and implementation of birth-control meas- Once Gao found a woman who was nine tility rates decrease. This explains why fer- ures in Yonghe Town; Following its comple- months pregnant, but did not have a birth- tility rates have declined more naturally in tion, it is submitted to the planned-birth allowed certificate. According to the policy, the urban areas of China; the relatively eco- committee. For instance, in January–Sep- she was forced to undergo an abortion sur- nomically progressive cities do not have to tember 1996, of all the women of child bear- gery. In the operation room, she saw the be as coercive with the policy, because the ing age with 1 child, 1,633 underwent device- aborted child’s lips sucking, its limbs couples who live there today do not wish to insertion surgeries, or underwent subcuta- stretching. A physician injected poison into have as many children as their rural coun- neous-device-insertion surgeries, and 207 un- its skull, the child died, and it was thrown terparts. derwent sterilization surgeries; of women of into the trash can. ‘‘To help a tyrant do It is the communist political and economic child-bearing age with 2 children, 3,889 un- evils’’ was not what she wanted. system that makes it difficult to develop Also testifying at the hearing was Zhou derwent sterilization surgeries, 167 under- China’s economy, and is the fundamental Shiu Yon, a victim of the Chinese planned- went device-insertion surgeries, and 10 took reason for the contradiction between an ex- birth policy. Zhou, who had known her boy- birth-control medications (among the group ploding population and a retarded economy. friend since childhood, became pregnant at Therefore, the fundamental way to solve Chi- with 2 children, of the 186 women who had 2 age nineteen. She did not have a birth allow- daughters, 170 were sterilized). In January– ance certificate, so her pregnancy was con- na’s population problem is to change its irra- September 1996, a total of 757 surgeries in sidered illegal. When she became ill and was tional political and economic system. five categories were performed. They in- hospitalized, it was discovered that she was Planned-birth targets every family, every cluded: 256 sterilization surgeries (35 for two pregnant, she had her boyfriend pay the woman. daughters), 386 device-insertion surgeries (23 nurse to leave the window open; she jumped If you are interested in obtaining full cop- cervical ring insertions), 3 subcutaneous-de- out, and her boyfriend was waiting with a ies of the testimonies, along with pictures vice-insertions, 41 artificial abortion sur- car to flee to Guangzhou where they boarded and videotapes, please write, call, fax, or geries, and 71 induced delivery surgeries. In a boat to the United States. On the boat, email the Laogai Research Foundation in the first half of the year of 1997, a total of 389 Zhou became extraordinarily seasick, and Washington, DC. Our contact information is surgeries in 5 categories were performed. had complications with her pregnancy. Once listed below. Help us stamp out this egre- They included: 101 sterilization surgeries (12 in the United States, she lost her baby while gious abuse of government power. Millions of for two daughters), 27 induced delivery sur- being treated in a San Diego hospital. Now, women and children need your support. If geries, 228 device-insertion surgeries, and 33 she is unsure of whether or not she will ever China requires a population policy, it must artificial abortion surgeries. Gao’s office had be able to have children again. Stories like be based on volunteerism and education, not to submit all of this data to the municipal hers are all too common in China today. coercion and intimidation. To give birth and planned-birth committee monthly and annu- Congressman Christopher Smith of New Jer- plan one’s family is a fundamental human ally so that it could be kept on file. sey, chair of the subcommittee, said that the right, and should be deprived from no one. PERSONAL TALES OF SORROW Chinese policy is ‘‘so vile that [it] will cause Sincerely, ARRY WU, Gao and her husband were married in 1983, people to recoil in horror across the cen- H and gave birth to their daughter one year turies.’’ Executive Director, later. Despite their desire to have more chil- THE POPULATION POLICY ANALYZED Laogai Research Foundation. dren, they were not allowed to give birth to I testified at the hearing to show how the Mr. SMITH of New Hampshire. Mr. a second child due to the planned-birth pol- Chinese policy is truly a top-down system. President, in the remaining couple of

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17909 moments, I will just conclude by say- law, which American companies are hiring a Chinese employee is sowing ing, I have been out here a number of bound to operate under when selling the seeds of political pluralism at the times following, frankly, in the huge abroad. same time. That is precisely how we footsteps of Senator HELMS, in a very In addition, U.S. companies also fol- can best foster both economic and small way, to talk about protecting the low their own internal codes of con- peaceful political reform in China. lives of unborn children. duct. There has been a revolution in For that reason, I urge my colleagues But this goes far beyond that. This corporate thinking over the last decade to oppose the amendment. debate now has taken a new level. It is about compliance issues and corporate I ask unanimous consent to print in now forcing abortions on women business practices. American business the RECORD the Executive Summary against their wishes. I hope that some- has applied the philosophy of ‘‘best contained in the Business Roundtable day Senator HELMS and I, and others, practices’’ that began in the manufac- report to which I referred. will have the opportunity to stand here turing sector, but now has also been There being no objection, the sum- in the well and see this practice of used as a risk management tool. mary was ordered to be printed in the abortion ended in this country. Be- In other words, adopting an inter- RECORD, as follows: cause who knows what is next? If we do nal—and truly voluntary—internal EXECUTIVE SUMMARY not respect the lives of our children, code of conduct has become a way of U.S. companies with operations in China are contributing to the improvement of so- then what do we respect? minimizing the risk, both legal and fi- Children are a lot smarter than we cial, labor, and environmental conditions in nancial, that flows from some part of a China. By exporting to China not only their give them credit for. I have raised company operating in a manner that is products and services, but also their oper- three. A lot of you out there listening at odds with the law or corporate eth- ating standards, best business practices, val- to me now have raised more than that. ical standards. ues, and principles, U.S. companies serve as They are smart. They know when you Bluntly, there is a reason that cor- agents of change. When U.S. companies set say: Johnny, go off to school, be a good porations do this and it is not altru- up operations in China, they bring with them boy today, mind your teacher—mean- ism. The greatest force ensuring the U.S. ethical and managerial practices. These practices shape the way they run their fac- while we will abort your sister. adoption of these internal codes of con- Forty million children have died in tories, relate to their employees, and con- duct is the capital markets. Poor cor- tribute to local community activities. this country alone from abortion. porate behavior, even if it does not vio- Through these practices, U.S. companies set Those 40 million children will never get late the law, has an immediate impact a positive example of corporate citizenship to be a Senator, a spectator in the gal- on share prices in today’s capital mar- and contribute to the evolution of norms lery, a mother, a pastor, a CEO. They kets. within Chinese society. Indeed, many of are never going to have the chance to As a consequence, American busi- these practices are increasingly being adopt- be a page. They never had a chance, 40 ed by domestic enterprises in China. nesses take their environmental and U.S. companies with international oper- million of them. We did. employment standards with them when ations often establish global business prac- So maybe we should not be too sur- they operate overseas. tices that are implemented in a similar and prised that the Senate is willing to I have with me a copy of a report pre- appropriate way across all the countries in look the other way while they do it in pared by the Business Roundtable that which they operate. In pursuing such policies China. We should not be real surprised. details precisely what American com- in China and elsewhere, U.S. companies ad- But someday I pray that I will be able panies are doing in China in the way of vance the cause of important social, labor, environmental, and economic objectives, in- to stand here and say thank you to at ‘‘best practices’’ in terms of the envi- least 67 of my colleagues who put a cluding improved health, safety, and envi- ronment and employment and other so- ronmental practices; consistent enforcement stop to it. Maybe that day will happen cial concerns. of high ethical standards; increased com- some time in my lifetime. I sure look The way those companies operate is pensation, training, and educational oppor- forward to it. one of the primary reasons that so tunities for workers; accelerated market re- Mr. President, I yield the floor. many Chinese workers are leaving forms; transparent government regulation; The PRESIDING OFFICER. The Sen- state-owned enterprises to look for and the rule of law. To highlight the positive impact of U.S. ator from North Carolina. work with American companies in Mr. HELMS. I suggest the absence of companies, we have compiled a sample of the China whenever they can find the op- a quorum. best practices currently in use by U.S. com- The PRESIDING OFFICER. The portunity. Their wages, benefits and panies in China. Together, these practices clerk will call the roll. working conditions are almost invari- tell a remarkable story about the role of The assistant legislative clerk pro- ably higher than any other workplace companies in China beyond providing goods they can find. and services. ceeded to call the roll. These practices span eight principal areas: Mr. ROTH. Mr. President, I ask unan- My point is that there is no need to Ethical and responsible business behavior; imous consent that the order for the force American companies to adopt so- Corporate codes of conduct; quorum call be rescinded. called voluntary codes of conduct with New ideas and information technology; The PRESIDING OFFICER. Without respect to their operations in China. Western business practices; They are already providing opportuni- Environmental, energy efficiency, health, objection, it is so ordered. and safety standards; AMENDMENT NO. 4123 ties in China that confirm that there is Compensation, benefits, and training; Mr. ROTH. Mr. President, I rise in a race to the top, not a race to the bot- Volunteerism, charitable giving, and com- opposition to my colleague’s amend- tom, when American firms operate munity activism; and Rule of law. ment. overseas. The amendment is designed to force Given the potential beneficial impact I. U.S. COMPANIES PROMOTE ETHICAL AND RE- SPONSIBLE BUSINESS BEHAVIOR WITHIN THEIR the Secretary of Commerce to impose that our firms can have in direct con- tacts with employees, other businesses FACILITIES AND WITH THEIR CUSTOMERS AND so-called ‘‘voluntary codes of conduct’’ SUPPLIERS in China and directly with consumers on American businesses operating in U.S. companies strive to integrate their China. The fact is, if the proposed under the WTO agreement, I would Chinese operations seamlessly into their codes were truly voluntary, there think we would want to do everything world-wide operations. They conduct sub- would be no need to compel the Sec- we could to ensure that American ex- stantial ethical training for their employees retary of Commerce to pressure U.S. porters were free to operate in China, in China, as they do for their employees businesses into adopting such codes. rather than compelling the Secretary worldwide. This training is more than simply More importantly, American busi- of Commerce to dictate to American a set of rules to follow. The training con- companies on exactly how they should centrates on fundamental concepts such as nesses already do operate under codes integrity, mutual respect, open communica- of conduct. The most important code of conduct their operations in China. tion, and teamwork. And it is collaborative: conduct is, of course, U.S. law. The reason I say that and the reason company officers go on-site to Chinese loca- Another code of conduct American I oppose this amendment and support tions to offer guidance on compliance, to lis- companies are bound to follow is local PNTR is that each American company ten to employees’ concerns, and to observe

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17910 CONGRESSIONAL RECORD—SENATE September 13, 2000 the practices in use. In addition, to facilitate empowered workforce, employee teaming, ism. They have donated millions of dollars to candid communication, the companies also total quality management, and just-in-time support a variety of charitable causes in have procedures for employees to commu- systems. Chinese managers also receive China including scholarships for students to nicate with management confidentially. training in fundamental market economics, attend university, donations to flood vic- II. U.S. COMPANIES UPHOLD COMPREHENSIVE and cutting-edge management practices; tims, medical care for children, and support CORPORATE CODES OF BUSINESS CONDUCT AND some even receive Western MBAs through for primary education in rural districts. ETHICS these programs. And to further exposure to These funds empower local communities, and These corporate codes cover an array of Western business practices, U.S. companies individuals, to work toward improving their topics, from managing supplier relation- in China organize symposia on economics, fi- own circumstances. Company volunteers add ships, to protecting the environment, abid- nance, management and other business top- a human link, through tutoring and men- ing by antibribery laws, supporting equal ics. These symposia bring Chinese profes- toring programs. employment opportunity, and offering job sionals in contact with Americans and other VIII. U.S. COMPANIES SUPPORT ADVANCEMENT advancement based on merit. The codes are foreigners from a wide array of corporations, OF THE RULE OF LAW IN CHINA AND EFFEC- translated into local languages, and as with academia, government, and other institu- TIVE ENFORCEMENT MEASURES tions to exchange ideas and experiences. ethics training, companies back up these U.S. companies have taken an active role codes with programs to ensure compliance. V. U.S. COMPANIES PROVIDE FOR AND PROMOTE in encouraging and developing the rule of For example, companies conduct ethical re- HIGHER ENVIRONMENTAL, ENERGY EFFI- law in China. They have been working with newal workshops to keep concepts fresh in CIENCY, HEALTH, AND SAFETY STANDARDS Chinese officials to develop new laws gov- employees’ minds, keep employees current WITHIN THEIR FACILITIES AND IN THE COMMU- erning property rights, taxation, corpora- with revisions to the code, and underscore NITIES IN WHICH THEY OPERATE IN CHINA tions, and other commercial areas. Industry- the importance of compliance. U.S. companies apply, and achieve, higher by-industry, they provide expertise and set III. U.S. COMPANIES CONTRIBUTE TO A MORE environmental, energy efficiency, health, an example of how to operate successfully OPEN CHINESE SOCIETY THROUGH THE INTRO- and safety standards than Chinese-owned while respecting the rule of law. factories achieve—higher even than Chinese DUCTION AND DISSEMINATION OF IDEAS AND * * * * * INFORMATION TECHNOLOGIES law requires. U.S. multinational companies set worldwide operating principles for their While this summary gives some flavor of By giving Chinese employees and con- the practices in place by U.S. companies, the sumers access to information technology, international facilities, including China, and these principles are based on U.S. standards. real story is in the details. We encourage you U.S. companies are giving individual Chinese to take a look at the full paper, which pro- citizens the opportunity to communicate By setting an example of exceeding the Chi- nese standards, U.S. companies put pressure vides a unique opportunity to see the steps with people inside and outside China, in the being taken by individual companies. United States and in the rest of the world. on domestic Chinese enterprises to comply U.S. companies are exposing Chinese citizens with these higher, international standards. Mr. ROTH. I yield the floor and sug- to new information, ideas, values, and behav- And U.S. companies not only bring higher gest the absence of a quorum. ior. They do so by giving their employees in standards, they bring the technology to meet The PRESIDING OFFICER. The China access to the Internet, Chinese-lan- these higher standards, by providing ad- clerk will call the roll. guage web pages, and worldwide e-mail, vanced environmental protection and energy The legislative clerk proceeded to efficiency technology and by sponsoring en- which allow them to exchange information call the roll. with people around the world instanta- vironmental protection symposia in China to exchange information about these standards Mr. KYL. Mr. President, I ask unani- neously. U.S. companies provide access to mous consent that the order for the international business, political, and finan- and how to meet them. Finally, by creating cial news. They also sponsor employee news- jobs and raising living standards in China, quorum call be rescinded. letters to exchange information among sites U.S. companies are creating the wealth nec- The PRESIDING OFFICER. Without across China. In addition, U.S. companies ex- essary to help China pay for higher environ- objection, it is so ordered. pose Chinese government officials to new mental, worker safety, and energy efficiency Mr. KYL. Mr. President, I have what ideas, such as through informal roundtable standards. I think is pretty good news for my col- discussions with officials in Chinese min- VI. U.S. COMPANIES PROVIDE DESIRABLE EM- leagues in the Senate and for the ad- istries to exchange ideas and experiences. PLOYMENT ALTERNATIVES TO CHINESE WORK- ministration which I would like to ERS, INCLUDING ENHANCED COMPENSATION, IV. U.S. COMPANIES ACCELERATE EXPOSURE TO, share and which relates directly to the BENEFITS, AND TRAINING OPPORTUNITIES FOR AND ADOPTION OF, WESTERN BEST BUSINESS legislation pending before us. PRACTICES ADVANCEMENT ON THE BASIS OF MERIT U.S. companies are raising the bar for em- I believe that by this time next week, U.S. companies accelerate adoption of the Senate—— Western business practices in two ways: by— ployment opportunities. They provide en- bringing Chinese professionals to the United hanced compensation and benefits, sponsor The PRESIDING OFFICER. The States to see the practices in action, and by on-going training opportunities, and offer Chair inquires about whose time the bringing the practices to China to show them advancement on the basis of merit. U.S. Senator is using. in action there. Accordingly, U.S. companies companies pay their Chinese employees sub- Mr. KYL. I presumed I would be support substantial foreign travel by their stantially higher wages than Chinese-owned using time on the majority. I inquire of firms do. In addition, U.S. companies offer Chinese employees, as well as Chinese offi- the Chair, am I correct that Senator cials, to give them direct exposure to market forward-looking benefits programs, such as subsidies to encourage home ownership, and FEINGOLD was to speak at 4 o’clock and economy forces and Western social and polit- prior to that time there would be time ical structures. U.S. companies with oper- on-site day care. Companies also offer per- ations in China send literally thousands of formance-linked rewards systems and incen- I could use on this side? their employees, Chinese officials, and stu- tives for good safety practices. Together, The PRESIDING OFFICER. We don’t dents to the United States every year. And these benefits lead to low employment turn- have an order for Senator FEINGOLD. these visitors spend a substantial stay in the over rates. We simply want to know whose time United States, from several weeks to as U.S. companies also offer comprehensive the Senator is using. technical training. They have technical much as six months. They come to the Mr. KYL. If I may take the majority United States to see U.S. practices first- training centers located throughout China, some so comprehensive that the companies time, I don’t need unanimous consent. hand—touring factories and offices across The PRESIDING OFFICER. The Sen- the United States. They also visit Wash- call them their corporate ‘‘university.’’ ington, D.C. to observe our democratic polit- Many companies establish minimum train- ator may do so. ical process and meet with Members of Con- ing hours for each worker per year, which Mr. KYL. Thank you, Mr. President. gress and other government officials. For they offer substantially exceed. In addition, Mr. President, the point is that we many of the Chinese visitors, this trip is not companies offer scholarships to students at are going to be considering PNTR for only their first trip to the United States, it China’s leading universities to ensure that China, which will enable China to join the next generation of Chinese workers has is also their first opportunity to travel out- the World Trade Organization within side China. the technical skills necessary to succeed in a more competitive workplace. the week, and presumably that will be In addition, U.S. companies teach global done in accordance with the bill passed workforce, management, and manufacturing VII. U.S. COMPANIES EXPORT U.S. CONCEPTS OF principles to all of their employees in China. VOLUNTEERISM CHARITABLE GIVING, AND by the House of Representatives. This training is a comprehensive, ‘‘hands- COMMUNITY ACTIVISM It is important that we ensure the on’’ experience which covers principles and U.S. companies in China are setting an ex- other party to this equation is taken practices such as participative management, ample of volunteerism and community activ- care of because there don’t appear to be

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17911 any more roadblocks to the Senate’s Addressing a business group during his We indicated our purpose was not to consideration of PNTR and China’s visit to New York for the United Nations try to derail the PNTR but rather to entry into the body from a legislative summit, Mr. Jiang said of course Taiwan have an assurance that the administra- perspective. But there could have been. could join the WTO, but only as part of tion would insist upon the entry of Tai- China. It is also important that Taiwan wan under the original terms and that enter into the WTO. I believe virtually The editorial goes on to note that is it would not allow entry by China and every Senator and every Member of the unacceptable to the United States, and not entry by Taiwan in the appropriate other body is committed to that. I that the Senate needed to act with re- way. know the administration is committed spect thereto. A day later, yesterday, the President to that. But there could have been a Ms. Barshefsky confirmed that Presi- sent a letter to the majority leader, roadblock to China’s PNTR and WTO dent Clinton told Jiang that Taiwan with copies to those who had been in accession had we not clarified some- would have to come in under the terms the meeting, dated September 12, in thing with respect to Taiwan. originally negotiated, not as a province which the President advises the leader It has been agreed since 1993 that of China. Jiang responded with the Chi- on two matters pending. One was the Taiwan would enter the WTO. It has nese position, and the President then Thompson amendment dealt with ear- been virtually ready to do so. But out responded with the U.S. position again. lier today, but the other was the mat- of deference to China and to ensure The controversy, in other words, was ter that we discussed, and as I under- China could enter first and then Tai- not put to bed. stand it, this was explicitly inserted in wan second, Taiwan’s entry has been Earlier, the Chinese Foreign Ministry the letter to provide the assurance that delayed. But we believe neither China spokesman Yuxi is reported to have we had requested the day before. nor anyone else in the world would ob- said: The Chinese side has a consistent Let me quote from the President, in- ject to Taiwan’s entry into the WTO, and clear position. Taiwan can join dicate what I think this means, why it and indeed the working group that WTO as a separate customs territory of is important, and why as a result it deals with the specifics of Taiwan’s China. will not be necessary to proceed with entry I think is in very good shape. These comments, of course, are of the amendment which I filed earlier. There has been a commitment by the concern to us. The House has already The President says: acted to approve PNTR, but you now administration to ensure that when the There should be no question that my Ad- Senate and the House have approved have high Chinese officials saying Tai- ministration is firmly committed to Tai- PNTR for China, the United States can wan’s accession must be as a province wan’s accession to the WTO, a point I reiter- therefore move forward with China’s to China, contrary to the position of ated in my September 8 meeting with Presi- accession and that we do so with re- the working group, of the United dent Jiang Zemin. Based on our New York spect to Taiwan as well. Unfortunately, States, of Taiwan. As a result, we discussions with the Chinese, I am confident however, since the House acted, there thought something had to be done to we have a common understanding that both clarify this. China and Taiwan will be invited to accede has been an unfortunate string of com- to the WTO at the same WTO General Coun- ments made by high Chinese officials Some time ago, a group of 40 Sen- ators had written to the President and cil session, and that Taiwan will join the that have cast some doubt on whether WTO under the language agreed to in 1992, or not China would make good on its asked for his assurances that he would namely as the Separate Customs Territory of commitment to support Taiwan’s ac- support Taiwan’s entry into the WTO Taiwan, Penghu, Kinmen and Matsu (re- cession into the WTO. simultaneous with that of mainland ferred to as ‘‘Chinese Taipei’’). The United While the leaders of China had said China. In a letter to me and to other States will not accept any other outcome. they would support Taiwan’s entry, Senators, dated August 31, the Presi- That is important because the Presi- they said it must be under terms pro- dent said: dent of the United States has defined vided by China. Specifically, that China has made clear. . . that it will not exactly the appropriate language for meant it had to be Taiwan entering the oppose Taiwan’s accession to the World Taiwan’s accession to WTO as a sepa- WTO as a province of China. That, of Trade Organization. rate customs territory of Taiwan, not Nevertheless, China did submit proposed as the Chinese had been insisting, as a course, is contrary to the agreement language to their working party stating Tai- that heretofore had been worked out, wan is a separate customs territory of China. province of China. And the President contrary to all the wishes of the mem- We have advised the Chinese that such lan- notes, and I again quote the last sen- bers of the working study group and guage is inappropriate and irrelevant to the tence: ‘‘The United States will not ac- the United States, and of course Tai- work of the working party and that we will cept any other outcome.’’ wan. not accept it. We believe that this position is I can’t think of a clearer statement The administration has taken a firm widely shared by other WTO members. by the President of the United States position that they will not support When we met with Ms. Barshefsky that we will insist upon Taiwan’s ac- that kind of language; that Taiwan yesterday, we noted other statements cession under appropriate terms—those must come in as a separate customs have been made and clearly some ac- specifically identified here—and, at the territory or separate trading territory tion needed to be taken by the United same time, that China is admitted to and not as a province of China. States to make it crystal clear that we the WTO. In my view, this provides the This has been enough of a matter of would not approve PNTR with this necessary assurance that the Presi- concern—these statements made by issue outstanding. I prepared an dent, those working on his behalf, will Chinese leaders—that we sought assur- amendment and filed it with the clerk. see to it that this is done in a proper ances from the administration and had I have not offered it yet, but that way. As a result, it seems to me unnec- meetings with administration officials amendment would have made it very essary to pursue the amendment which to clarify. Specifically, a group of Sen- clear our approval of PNTR was subject I had earlier filed. ators met with Charlene Barshefsky to to Taiwan acceding to WTO member- As a result, I spoke with Senator inquire about the status of the matter, ship under the original terms nego- MURKOWSKI, Senator HELMS, Senator particularly since Jiang Zemin is tiated—not as a separate province of SESSIONS, Senator ROTH, and others quoted as having made statements in China. The administration strongly op- who I thought were interested in the New York a few days ago that China poses any amendments being attached issue. They have all concurred that would only agree to Taiwan’s entry to PNTR because of its concern that this language is sufficient, and as a re- under this term expressing Taiwan as a the House of Representatives would sult I will not be offering the amend- province of China. not, a second time, pass the legislation, ment. I will have printed in the RECORD and, as a result, inquired whether other I applaud the President’s action in some items. One is a Wall Street Jour- kinds of assurances would suffice in this regard. I appreciate the action of nal lead editorial from yesterday in lieu of action by the Senate on this Ms. Barshefsky and her counsel, and which the Wall Street Journal notes: matter. certainly reiterate my intention of

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17912 CONGRESSIONAL RECORD—SENATE September 13, 2000 working with the administration on the Senate. One is Taiwan’s accession to the further to Western trade and investment, this important matter. Of course, Tai- World Trade Organization (WTO). There hastening the development in China of free wan represents an extraordinarily im- should be no question that my Administra- enterprise and a propertied middle class. A portant trading partner for the United tion is firmly committed to Taiwan’s acces- more enlightened and influential electorate sion to the WTO, a point I reiterated in my will gradually demand more explicit civil States and a very good ally, an ally of September 8 meeting with President Jiang rights and require governments at all levels which we need to continue to be sup- Zemin. Based on our New York discussions to become more responsive to the wishes of portive. with the Chinese, I am confident we have a the people. I will identify specifically the docu- common understanding that both China and But we also have supported the right of the ments I will have printed in the Taiwan will be invited to accede to the WTO Taiwanese, who already have a functioning RECORD at this time. First, a letter to at the same WTO General Council session, democracy, to chart their own course toward me from the President of the United and that Taiwan will join the WTO under the better relations with the mainland, without States dated August 31; second, a letter language agreed to in 1992, namely as the undue pressure from Beijing. This attitude to the majority leader from the Presi- Separate Customs Territory of Taiwan, toward Taiwan is shared by an influential Penghu, Kinmen and Matsu (referred to as bloc in Congress that won’t appreciate Mr. dent of the United States dated Sep- ‘‘Chinese Taipei’’). The United States will Jiang laying down conditions for Taiwan’s tember 12; third, a Wall Street Journal not accept any other outcome. WTO membership. It is well known in Con- editorial dated September 12; fourth, a The other area is nonproliferation, specifi- gress that Taiwan qualified, in a technical letter a group of Senators had sent to cally the proposals embodied in an amend- sense, for membership a long time ago. It the President initially dated July 27, ment offered by Senator Fred Thompson. was thought that Taiwanese membership 2000; and finally, a copy of an AP story Preventing the proliferation of weapons of was an implicit part of the deal that grants I quoted from earlier, the headline of mass destruction and the means to deliver China PNTR. them is a key goal of my Administration. which is ‘‘China Asserts Claim Over If there has been a dangerous misunder- However, I believe this amendment is unfair standing here, it is largely Bill Clinton’s Taiwan,’’ dated September 7, 2000. I ask and unnecessary, and would hurt our non- fault. On his visit to China in 1998 he impru- unanimous consent to have these docu- proliferation efforts. dently agreed to what the Chinese govern- ments printed in the RECORD. Nonproliferation has been a priority in our ment called the ‘‘Three No’s.’’ At the root of The PRESIDING OFFICER. Without dealing with China. We have pressed China these three demands was the requirement objection, it is so ordered. successfully to join the Non-Proliferation that the U.S. not grant Taiwan admission to There being no objection, the mate- Treaty, the Chemical Weapons Convention, any world body that required statehood as a rial was ordered to be printed in the the Biological Weapons Convention, and the condition of membership. While that didn’t Comprehensive Test Ban Treaty, and to RECORD, as follows: specifically apply to the WTO, Mr. Clinton’s cease cooperation with Iran’s nuclear pro- agreement was tantamount to allowing THE WHITE HOUSE, gram. Today, we are seeking further re- China to set the conditions for future West- Washington, August 31, 2000. straints, but these efforts would be sub- ern policy toward Taiwan. It came close to Hon. JON KYL, verted—and existing progress could be re- an acknowledgement that Taiwan is a Chi- U.S. Senate, versed—by this mandatory sanctions bill nese province. Washington, DC. which would single out companies based on So now Mr. Jiang feels emboldened to DEAR SENATOR KYL: Thank you for your an unreasonably low standard of suspicion, come to the U.S. and give speeches implying letter regarding Taiwan’s accession to the instead of proof. It would apply a different that Taiwan must accept China as it parent World Trade Organization (WTO). My admin- standard for some countries than others, un- if it wants to get the same trading privileges istration remains firmly committed to the dermining our global leadership on non- that the Senate is about to grant to China. goal of WTO General Council approval of the proliferation. Automatic sanctions, such as No doubt Mr. Jiang was inspired by other re- accession packages for China and Taiwan at cutting off dual-use exports to China, would cent U.S. concessions. the same session. This goal is widely shared hurt American workers and companies. For example, because of Chinese objec- by other key WTO members. Other sanctions, such as restricting access to China has made clear on many occasions, tions, the Dalai Lama was not allowed to U.S. capital markets, could harm our econ- and at high levels, that it will not oppose participate in the religious gathering that omy by undermining confidence in our mar- Taiwan’s accession to the WTO. Neverthe- preceded the summit. China’s harsh control kets. I believe this legislation would do more less, China did submit proposed language to of Tibet, like its hoped-for acquisition of harm than good. Taiwan, is seen by Beijing as nobody else’s their working party stating that Taiwan is a The American people are counting on the separate customs territory of China. We have business, and one might easily get the im- Congress to pass H.R. 4444. I urge you and pression that the Clinton Administration advised the Chinese that such language is in- your colleagues to complete action on the appropriate and irrelevant to the work of the agrees. bill as soon as possible. Given all the kow-towing that Bill Clinton working party and that we will not accept it. Sincerely, We believe that this position is widely has done, not to mention the China angle in BILL CLINTON. shared by other WTO members. the Clinton-Gore campaign fund-raising Again, thank you for writing concerning scandals, it was no surprise that the Chinese [From the Wall Street Journal, September president treated him with some disdain this important matter. 12, 2000] Sincerely, when the two sat down for a chat last Fri- JIANG MUDDIES THE WATERS BILL CLINTON. day. Mr. Clinton, in yet another concession Chinese President Jiang Zemin is nothing to China, had just announced that his Ad- THE WHITE HOUSE, if not a gambler. Just days before this ministration would make no further efforts Washington, September 12, 2000. week’s crucial U.S. Senate vote on granting to build a national missile defense. When Mr. Hon.TRENT LOTT, China permanent normal trade relations Clinton raised the issue of missiles as a Majority Leader, U.S. Senate, Washington, DC. (PNTR) with the U.S. Mr. Jiang raised an threat to Western security, Mr. Jiang re- DEAR MAJORITY LEADER: I want to com- issue that will have many Senators seeing sponded with silence. And when Taiwan mend you for commencing debate on H.R. red. He said, in effect, that Taiwan should came up, he favored Mr. Clinton with a long 4444, which would extend Permanent Normal not be admitted to the World Trade Organi- monologue laying out China’s historical Trade Relations to the People’s Republic of zation on any conditions other than those claims to Taiwan. In short, Mr. Clinton got China. This crucial legislation will help en- set by Beijing. a cold shoulder on both of these important sure our economic prosperity, reinforce our Addressing a business group during his issues. work on human rights, and enhances our na- visit to New York for the United Nations These are the fruits of a Clinton policy tional security. summit, Mr. Jiang said that of course Tai- that has, in effect, left Taiwan blowing in Normalizing our trade relationship with wan could join the WTO, but only as a part the wind. Try as he may now, Mr. Clinton is China will allow American workers, farmers, of China. Now, this statement is subject to hard pressed to put a positive spin on his and businesspeople to benefit from increased various interpretations, and some might say China legacy. The nuclear proliferation access to the Chinese market. It will also it is only semantics. But many Senators will issues that have bedeviled Sino-U.S. rela- give us added tools to promote increased want to know whether they are being asked tions since he took office in 1993 remain es- openness and change in Chinese society, and to approve PNTR under conditions laid down sentially unresolved. And by violating the increase our ability to work with China solely by China, with little regard for U.S. security assurances of his Republican Party across the road range of our mutual inter- interests. predecessors, he has left his successor a tin- ests. We have argued here that granting China derbox situation in the Taiwan Strait. I want to address two specific areas that I PNTR as a prelude to China’s admission to That is why Mr. Clinton knows China’s ac- understand may be the subject of debate in the WTO is a good idea. It would open China cession to the WTO is about much more than

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17913 the mutual benefits of expanded global only issue with respect to Taiwan’s [WTO] The dispute over what the WTO should call trade. He’s gambling it will head off—Com- accession . . . pertains to timing . . . there Taiwan underscores the 51-year split between munist Party or no—the kind of militant is a tacit understanding . . . among WTO the island and the mainland and China’s at- Chinese nationalism that could spark a members in general—but also, frankly, be- tempts to coax Taipei into unification. It shooting war across the Taiwan Strait, force tween China and Taiwan—that China would also revives a debate that has simmered for a U.S. military response and perhaps envelop enter first and China would not block in any years in working groups negotiating terms the rest of Asia. way Taiwan’s accession thereafter, and that for Taiwan’s entry to WTO and its prede- Thus, the peace dividend; within China, might be immediately thereafter or within cessor, GATT. WTO will empower a bloc of interests favor- days or hours or seconds or weeks. . . .’’ Taiwan applied to join the General Agree- ing outward-oriented growth and the condi- Later that same month, in response to a ment on Tariffs and Trade in 1990 as ‘‘the tions required to secure it, including peace statement by Sen. Roth that ‘‘there’s a great customs territory of Taiwan, Penghu, and the rule of law. Dependent on Taiwanese deal of concern that Taiwan might be Kinmen and Matsu,’’ thereby avoiding the and Western commerce, China would recon- blocked [from entering the WTO] once China questions of sovereignty and statehood. sider military adventurism as too costly and secures such membership,’’ Ambassador Penghu, Kinmen and Matsu are small island counterproductive. Barshefsky testified ‘‘. . . the United States groups under Taiwan’s control. GATT and It all sounds good. Indeed, China’s mem- would do everything in our power to ensure now WTO rules allow regions in control of bership in the WTO is, in the words of one that that does not happen in any respect be- their trade but without full statehood to join observer, the ‘‘Rubicon of its opening to the cause Taiwan’s entry is also critical.’’ as separate territories. outside world,’’ since all previous efforts to We respectfully request that you clarify Under a 1992 agreement that allowed sepa- integrate its economy with the world trading whether your Administration continues to rate working groups to negotiate Chinese community have been unsuccessful. But this believe that Taiwan’s entry to the WTO is and Taiwanese bids, GATT members ac- assumes a lot. critical, whether you remain committed to knowledge China’s sovereignty claim to Tai- It assumes China’s behavior amid change that goal, and whether you remain convinced wan and out of deference said Taiwan could will be predictable, that it will set aside the that Taiwan will enter the WTO within days only join after Beijing. Sun, the Foreign Ministry spokesman, in- longstanding historical grievances and na- after the PRC’s accession. Furthermore, is sisted that the 1992 agreement recognized tionalist claims that fuel its commitment to the Administration aware of any efforts by Taiwan as a separate customs territory of an extension of regional power in Asia the PRC to impose extraordinary terms and China. through the acquisition of nuclear, chemical conditions on Taiwan’s accession to the and biological weapons. It assumes that, in WTO? What specific assurances has Beijing Mr. KYL. In conclusion, as I said in the absence of stronger cooperative security provided regarding the timing and substance the beginning, I think this is good news ties with Europe and Japan and deterrents of Taiwan’s accession to the WTO? And what for the Senate, for the House, for the such as theater missile defense, future U.S. steps has your Administration taken to en- sure that Taiwan will in fact join the WTO administration, and for all friends of administrations will be able to ‘‘manage’’ re- immediately following the PRC’s accession? Taiwan and for those who believe both lations with China. We would appreciate a response to this in- in permanent normal trade relations In the best of the possible worlds we imag- quiry by August 18, in order to consider its ine, international economic institutions like with China, as well as the entry into contents prior to Senate debate on extending WTO of both China and Taiwan; cer- the WTO may very well help spread among permanent normal trade relations to the some nations the practice of a decentralized tainly Taiwan entering in terms that PRC. are appropriate as a trading partner of and pluralistic brand of governance. But Sincerely, trade agreements and their trickle-down ef- Jon Kyl, Orrin Hatch, Larry Craig, Mike the United States, as a separate cus- fects alone cannot suffice for a coherent, Enzi, Don Nickles, Trent Lott, Bob toms territory and not as a province of long-term national security policy that Smith, Frank Murkowski, Conrad China. squarely faces up to the realities of Amer- Burns, Gordon Smith, Wayne Allard, This is good news. I hope it portends ica’s emerging strategic threats. James Inhofe, Mike DeWine, Fred an early conclusion to the discussions At the least the debate will serve notice Thompson, Mitch McConnell, Slade that will form the basis for accession that some very sensible people in the Senate Gorton, Pete Domenici, Jesse Helms, realize the U.S. cannot hang its future secu- by both China and Taiwan into WTO. I Connie Mack, Tim Hutchinson, Mike appreciate the cooperation, as I said, of rity relationship with China, and Taiwan, on Crapo, Arlen Specter, Strom Thur- WTO, as President Clinton seems to have mond, Jeff Sessions, Jim Bunning, my colleagues here as well as the rep- done. It remains for the next Administration Spencer Abraham, Craig Thomas, Rob- resentatives of the President and the to fix this mistake. ert Bennett, Phil Gramm, Susan Col- President himself. For now, WTO is the matter before the lins, Dick Lugar. Mr. ROTH. Will the Senator yield? Senate. It is too bad that Mr. Jiang and Mr. Mr. KYL. I yield. Clinton have gone out of their way to make SEPTEMBER 7, 2000. Mr. ROTH. Mr. President, I congratu- it difficult for Senators to vote in favor of CHINA ASSERTS CLAIM OVER TAIWAN late the Senator for the leadership role this otherwise positive step in U.S.-China re- he has played on this important mat- lations. BEIJING (AP).—Pushing its claim over Tai- wan into complex trade negotiations, Beijing ter. I think all of us feel very strongly insisted Thursday that the World Trade Or- U.S. SENATE, that Taiwan must and should become a ganization only admit Taiwan as a part of Washington, DC, July 27, 2000. member of WTO. Under no cir- China. President WILLIAM J. CLINTON, cumstances should this imply a change The demand by Beijing threatens to im- The White House, Washington, DC. pede Taiwan’s membership bid as both the is- in its trading status. Taiwan is our DEAR MR. PRESIDENT: As the Senate nears land and China near the end of their separate eighth largest trading partner—isn’t consideration of legislation extending per- years-long negotiations to join global trade’s that correct? It would be ironic if her manent normal trade relations to the Peo- rule-setting body. It also complicates a de- status did not change. She is qualified. ple’s Republic of China (PRC), we are writing bate in the U.S. Senate this week on whether I think all the work has been com- to express concern that Beijing may be plan- to approve a WTO pact with China. ning to take actions that would have the ef- pleted for her to become a member. Influential senators released a letter from I want to tell my colleague how fect of blocking Taiwan’s accession to the President Clinton on Wednesday weighing in World Trade Organization (WTO). According on Taiwan’s side. Clinton wrote that his ad- much I appreciate the leadership he to press reports, the PRC recently offered a ministration opposes Chinese efforts to call has provided. proposal at the WTO calling for that organi- Taiwan ‘‘a separate customs territory of Mr. President, I suggest the absence zation to recognize the PRC’s position that China.’’ of a quorum. Taiwan is part of the mainland. Taiwan is Brushing aside the opposition, Chinese The PRESIDING OFFICER. The the United States’ eighth largest trading Foreign Ministry spokesman Sun Yuxi said clerk will call the roll. partner, and we support its admission to the Thursday that China wanted its sovereignty The bill clerk proceeded to call the WTO as soon as it meets the criteria for claim to Taiwan written into the terms for roll. membership. Taiwanese membership to WTO. Mr. MOYNIHAN. Mr. President, I ask On several occasions, Administration offi- ‘‘The Chinese side has a consistent and cials have indicated that Taiwan’s accession clear position: Taiwan can join WTO as a unanimous consent that the order for to the WTO would closely follow the PRC’s. separate customs territory of China,’’ Sun the quorum call be rescinded. For example, in February, U.S. Trade Rep- said at a twice-weekly media briefing. He ac- The PRESIDING OFFICER (Mr. SES- resentative Charlene Barshefsky testified to cused Taiwan of using the WTO negotiations SIONS). Without objection, it is so or- the House of Representatives that ‘‘. . . the to engage in separatism. dered.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17914 CONGRESSIONAL RECORD—SENATE September 13, 2000 Mr. MOYNIHAN. Mr. President, just ing to 7.2 million tons. It also promises to from New Mexico to speak at this 2 days ago, the Washington Times car- stop using export subsidies to dump its own point? ried a fine article by our former col- surplus production (roughly 8 million tons of The PRESIDING OFFICER. The Sen- league, Rudy Boschwitz, and Robert corn this year) onto other markets in East ator is recognized. Asia, opening up still more trading space for Paarlberg, who is a professor of polit- highly competitive U.S. corn exporters. Mr. DOMENICI. Mr. President, this ical science at Wellesley College, enti- These market-opening gains are impressive bill before us is a decisive step toward tled ‘‘China Trade Boosts Farmers,’’ measured against the standard of China’s normalizing trade relations with subtitled, ‘‘Senate should back PNTR.’’ current farm trade policies. Yet they are China. Chairman ROTH has character- Farm state legislators should be particu- even more impressive if measured against ized this vote, the one we will make on larly sensitive to the fact that China’s join- China’s likely future farm trade posture, ab- this bill, as the most significant vote ing the WTO will be a pre-emptive strike sent any WTO disciplines. The new agree- we will take this Congress. I agree. benefiting American farmers. Membership in ment does not simply codify future farm While we will be concerned with trade liberalizations that China might have the WTO will preclude China from later rais- many more issues that seem more im- ing trade barriers on agricultural products. been expected to undertake anyway. Instead, portant to individual Senators, and It is a very thoughtful, factual, and it operates pre-emptively against what might have otherwise been a damaging in- certainly we will be looking after our persuasive article. In view of the ser- crease in Chinese farm sector protection. parochial interests in our sovereign endipitous visit to this Chamber by our The tendency of all nations as they indus- States as we work as Senators—and former colleague, I ask unanimous con- trialize is to increase policy protection in that is all very important—but when sent that it be printed in the RECORD. the agricultural sector. we look at America and what she There being no objection, the article Earlier in the 20th century, industrial de- stands for in the world as it is evolving velopment has also helped bring differing de- was ordered to be printed in the and developing, the final vote on this RECORD, as follows: grees of farm sector protection to most of Europe and to the United States. Continued measure is probably the most signifi- [From the Washington Times, Sept. 11, 2000] rapid industrial development in China might cant vote we will take this year and CHINA TRADE BOOSTS FARMERS thus have been expected, before long, to trig- maybe in many years. SENATE SHOULD BACK PNTR ger an increase in China’s farm trade protec- Senator ROTH, I repeat, said that. I (By Rudy Boschwitz and Robert Paarlberg) tion from the current level. It is fortunate agree wholeheartedly. I am quite sure Executive branch officials routinely exag- that China will now come into the WTO and the tenor of Senator MOYNIHAN’s sug- gerate the expected payoffs from new trade bind its protection levels for agriculture be- gestions—I have not been privileged to agreements to win support for those agree- fore this natural, post-industrial tendency to extend lavish protection to relatively ineffi- hear them here with the Senate—would ments in Congress. The recent U.S.-China agree with that. This is a very impor- agreement setting terms for China’s protocol cient farmers has expressed itself. for accession to the World Trade Organiza- This is good for U.S. agricultural export- tant issue. tion (WTO) has been hyped accordingly. Yet ers, but the Chinese know it is good for them This is the one vote that will be in the area of agriculture, the gains from as well, which is why they are doing it. The heard around the world. This is the one this new agreement are actually greater Chinese do not want to be stuck several dec- vote which recognizes that countries than U.S. officials have so far dated to claim. ades from now struggling, like the Japanese must play by the same rules in a Additionally, farm state legislators should and the Europeans, to escape a costly and globalized market if the market is to burdensome system of subsidies to ineffi- be particularly sensitive to the fact that Chi- be efficient and function properly. na’s joining the WTO will be a preemptive cient farmers. China’s agricultural policies, strike benefiting American farmers. Mem- which are not yet heavily protectionist, have We hear so much talk about what is bership in the WTO will preclude China from nonetheless already begun to generate peri- happening to the world—globalization. later raising trade barriers on agricultural odic surpluses of corn, wheat, and rice, and International trade, as part of products. Every other nation has raised such officials have learned these surpluses are ex- globalization, must be efficient and ef- barriers as it has become industrialized. pensive to store at home and costly to export fective. Furthermore, on joining the WTO, China under subsidy. China welcomes the import This is the one vote that will do a would undoubtedly find reason to curtail in- policy disciplines it is accepting in WTO as great deal to encourage democracy for an incentive to avoid moving toward costly ternal subsidies. Such subsidies would surely one in five people living on this Earth. further increase China’s agricultural produc- farm subsidy policies in the years ahead. tion. China has already found such subsidiza- All that remains is for the U.S. Senate to I say encourage democracy because I tion to be costly and to cause grain surpluses approve Permanent Normal Trade Relations truly believe this is the one vote that that are both hard to store and cope with. (PNTR) for China, so that U.S. farmers will invites China to be our trading partner The official claim, from the U.S. Depart- be able to share in the gains from this new and, at the same time, determines ment of Agriculture, is that China’s partici- trade liberalizing agreement. Without a whether American manufacturers, pation in the WTO will produce an annual PNTR policy in the United States, the ex- farmers, and service industries will get gain of $1.6 billion in new U.S. exports of panded agricultural trade benefits from Chi- the benefit of trade and of an agree- na’s accession to the WTO are likely to be grains, oilseeds and cotton by 2005. It will ment pursued and negotiated by three also lead to $350–$450 million annually in ad- captured more by farmers in Canada or Aus- ditional U.S. exports of other products such tralia, and less by the United States. different American Presidents. as poultry, pork, beef, citrus, other fruits With the U.S. farm sector currently strug- They cannot all be wrong. As a mat- and vegetables, and forest and fish products. gling under a burden of low prices brought ter of fact, they were all right. China is This optimism is well-founded, since under on in part by sluggish exports to East Asia, joining the WTO and have implemented the agreement China has agreed to allow im- the China option is not one to be missed. a lot of reforms in order to be eligible. ports of a minimum of 7.3 million tons of Farm state legislators in Congress need to Furthermore, it has made promises to wheat virtually duty-free (only a nominal 1 see these facts clearly when the time comes do certain other things. So that the percent tariff), and this quantity will in- to vote on PNTR status for China. crease to 9.3 million tons over five years. U.S. can benefit from this new WTO Mr. MOYNIHAN. Mr. President, see- members’ market, Congress needs to Those tonnages represent 11 to 15 percent of ing no Senator seeking recognition, I the wheat crop in the United States. For soy- grant permanent normal trade rela- bean and soybean meal imports, China’s cur- suggest the absence of a quorum. tions to China. It just took us a long rent tariffs will be located in at 3 percent The PRESIDING OFFICER. The time to understand and to work our and 5 percent respectively, and for soybean clerk will call the roll. way to this day when granting China oil China will reduce and bind its current The bill clerk proceeded to call the permanent trade relations is finally be- tariff from 13 percent to 9 percent—and in- roll. fore us. crease the quota of imports allowed under Mr. DOMENICI. Mr. President, I ask this lowered tariff from 1.7 to 3.2 million On the subject of PNTR for China, unanimous consent that the order for Chairman Greenspan said: tons over the six year implementation pe- the quorum call be rescinded. riod. History has demonstrated that implicit in Those numbers also represent a meaningful The PRESIDING OFFICER. Without any removal of power from central planners percentage of our production. For corn, objection, it is so ordered. and broadening of market mechanisms . . . China has agreed to allow imports of 4.5 mil- Mr. DOMENICI. Parliamentary in- is a more general spread of rights to individ- lion tons (at just a 1 percent tariff) increas- quiry. Is it appropriate for the Senator uals. Such a development will be a far

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17915 stronger vehicle to foster other individual and the businessmen who will prosper Agricultural tariffs will be cut by rights than any other alternative of which I by it. more than half. New Mexico has, be- am aware. I offer that while it is not at issue, lieve it or not—and this is not because That is precisely what globalization education is another catalyst for eco- PETE DOMENICI is of Italian extraction, and international trading—China trad- nomic freedom and democracy. Chinese whose mother and father came to New ing with America—have a chance to do. students attending American univer- Mexico as immigrants—the largest Exposure to democracy and cap- sities is an important part of any effec- mozzarella cheese plant in all the italism, information, and tele- tive economic trade and foreign policy world. The mozzarella cheese for all of communications and communication for the United States. I know there are those delis they have in New York, technology will increasingly influence a lot of young Chinese coming to where does it come from? New Mexico. the course of global affairs, without American universities to be students And so is the case for China; it comes any question. here, and living our way of life while from New Mexico. They are one of our Imagine what Internet success means they get educated. I asked my staff to large importers of that cheese, and to a one-party, authoritarian state find out just how many. Fifty thousand many other cheese products made in such as China. Even if China’s eco- Chinese students from China now, not our State. nomic growth and military moderniza- Taiwan—attended American univer- Incidentally, I say to Senator MOY- tion appear to be threatening, our rela- sities last year. The number grows by NIHAN, while time has been passing, tionship with China will evolve within the thousands every year. New Mexico has been growing in terms the context of a very different world, a The important thing is that these of dairy cows and as part of American world increasingly reliant on informa- students are not studying math and milk production. Everybody thinks tion to achieve economic growth, pros- science and culture by remote control. dairy product production is a Wis- perity, and jobs. They are doing this by being physically consin issue, but New Mexico is now Anyone who has gone to China re- present in American cities across this ninth among all of the sovereign States cently or, for that matter, watched re- land. I submit, the more the young peo- in terms of the production of dairy cent television programming regarding ple of China experience America and products. That is why it turns out we what is going on with the labor force in are exposed to American freedom and are working with China. China will know that Chinese men and watch capitalism work in America, the PNTR and China joining the WTO Chinese women will move to get good more likely it becomes that the future will be a big help for the New Mexico jobs. They are already moving from the of China will be subtly but unalterably producers of milk products, as the Chi- countryside to the cities without any influenced in a positive direction. nese people get the opportunity to retribution. They are smiling. They are Whether these Western-educated, compare the comparative culinary taking risks because they see the op- young Chinese people are involved in merits of Domino’s, Pizza Hut, and portunity to get a good paycheck. politics or business—I would add in even Papa Johns. I know my friend Make no bones about it, they want jobs science or math or physics—their views from New York is not here working on that pay them money so they can move about democracy and the free market this agreement because he wants to see more Pizza Huts in China, but I think up their standard of living in this economics will not be controlled or he would not disagree that the United world. dominated by the so-called party. That force, if turned loose in China, Over the long run, experience and ex- States has an array of export opportu- will change China forever. In par- posure will have a direct and signifi- nities from State to State. When you add all those up, they do go as far as ticular, since China does not have the cant impact on mainland China. And the ingredients that go into a pizza, all kind of central government the Soviet the leaders know what is happening. Union had, although we have from time The Chinese leaders do not attempt the way to the ingredients and intellec- to time called them both Communist to stop their students from coming to tual knowledge that goes into making fancy computer chips or to make any- countries, they are certainly very dif- the greatest universities in the world thing that China makes and sells to ferent in terms of the ability to control and get educated in the best way in the people and whether or not the central the world. world. In fact, sometimes I think they The tariff on agricultural products government really has as much control must be aware that there is a better will drop. It will drop from 50 percent or is as despotic as the government way than what they have in their coun- to 10 percent on cheese products; from that was managed by a small oligarchy try, and to some extent they may 35 percent to 10 percent for lactose and in the Soviet Union. think a better way is substantially the whey, both of which are produced in I am not suggesting the trade, the free way, the American way. large quantities in the States of the Internet and computers will topple au- China is a big, big market. It has United States that have many dairy thoritarian structures in China over- been estimated that the PNTR would cows and much milk production. night, but I do believe that for many increase U.S. exports to China by about It is not well known that Intel Cor- years information control was equiva- $13 billion annually and will grow poration manufactures flash memory lent to people control, but information every sector of this economy. China is microchips in its Rio Rancho plant in control is quickly becoming more and densely populated. It is a country in New Mexico, right next to Albu- more impossible. which one in five people alive today querque. Flash memory chips are used Exposure to our economic system live. Think of that. This is largely an in cellular phones, digital cameras, through trade, telecommunications, open, untapped market, both for the personal computers. and the Internet will encourage strides mind and for substances of trade. The flash memory chips are sent to toward freedom, in my humble opinion. I will comment on my State, which is Shanghai for assembly and testing be- For every argument that China is a not looked at as an exporting State, fore they are shipped to customers risk to America’s future, I argue that but direct exports from New Mexico to worldwide. In 2000, Intel earned over China trading with America is a move China totalled $235 million in 1999; and $500 million in revenue from the flash in a direction of freedom that takes adding indirect exports through Hong memory chips manufactured in New away from the risk of the future, takes Kong, brings our total to about $320 to Mexico and tested in China. Both China away from the risk of a centralized $350 million. and New Mexico added profit to the powerful Chinese Government being We often hear the expression ‘‘every- product as it moved its way to market. dangerous to the world. Not that they thing from soup to nuts’’ to describe If we do not grant PNTR status to are not, not that they could not be, but something very comprehensive, some- China, it is quite obvious that some- I submit it will be more and more dif- thing widespread. An apropos variation body else will take our place in each of ficult for that to occur as free trade of this colloquialism is ‘‘China-New these markets that I have described for permeates the cities and suburbs of Mexico trade covers everything from my State in terms of being a manufac- China and the people who live there chips to cheese.’’ turer of products. Obviously, someplace

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17916 CONGRESSIONAL RECORD—SENATE September 13, 2000 else in the world can decide, if we are The other phase will be done in China. have learned what happened to state- going to leave that trade barrier up, in- Both countries will gain employment owned businesses in the former Soviet stead of reducing it 50 percent and 30 and will gain in terms of the produc- states, and they went from total own- percent, as I have described, to get the tion of items that add to our respective ership to nobody wanting ownership. business and the profit margin, where a gross national products. I do not know There was nothing in between. We have foreign business could have the tariff which will have more. I would assume the former Soviet Union, at least Rus- rate that is not being adjusted. they would have a few more workers sia, with an economic production ma- China is discovering the necessity for doing theirs, but we will have the mas- chine that has been reduced to almost cellular phones. I am talking about a ter plant with the most modern tech- nothing. We will soon be comparing the product with which we are all becom- nology. total gross domestic product of Russia ing very familiar. There were 40 mil- The challenge to America in an inter- with one of the smaller countries in lion cellular phones in China last year. national global market is the risk that Europe. Imagine that. This year, the estimate is 70 million. we are taking, and it is singular. It is Mr. MOYNIHAN. Will my distin- By 2003, China has projected to have one. It is that we will not be able to guished friend yield for a question? more cell phones in use than any other produce the high-tech, high-paying jobs Mr. DOMENICI. I am pleased. country on the globe. ahead of the rest of world and keep Mr. MOYNIHAN. Would he know that You can understand that because, them here. That is really the only chal- the current best estimate is that the you see, to some extent cellular phone lenge. If we can do that, and train our GDP of Russia is now approximately use in America was inhibited by poles, people sufficiently to do that, we will that of Switzerland? with telephone lines, and telephones win all the time because we will keep Mr. DOMENICI. I wouldn’t. that are attached to them. We had that the high-paid, highly skilled jobs here, Mr. MOYNIHAN. And that sequence, before cellular phones were invented. as we are currently doing vis-a-vis a exactly as he has described it, total While we think that is great, it is a country such as China or other coun- ownership to no ownership, as against burden to the growth of cellular tries in the world. the transformation before our eyes, is phones. Maybe the word ‘‘burden’’ is So granting PNTR to China makes taking place in the PRC. wrong, but at least cellular will not practical economic policy, and it Mr. DOMENICI. That is absolutely grow as fast. makes good foreign policy. I think they correct. I might add that what is hap- Now enter into a Chinese city where are tied together in this case. pening in Russia, the Chinese have seen they do not have any telephone poles, I have had an opportunity to talk to very clearly. They are never going to and all of a sudden they have cellular Henry Kissinger, who I happen to know let that happen. We went from Govern- phones. They will never build tele- quite well from a long, long time ago, ment ownership to no ownership to phone lines. That is why you can say when he came to my State with his oligarchs who substituted here in the they will go from 40 million to 70 mil- young son who is now grown up and is middle who became powerful, rich peo- lion in 1 year. And who knows there- involved in the movie production busi- ple who put these businesses together; after? ness. He was 13 when he joined his fa- bought them from the Government. I guess we could then ask, how many ther in my city doing an event for me Now a few groups own more businesses telephone poles could they put in the when I was a young Senator. He talked than anybody expected in Russia and ground? And how many telephone lines about the global policy significance, do not run it in any way consistent could they put up? While this was not not just its economic significance. I with Russia’s future. It is just their part of my prepared text, I would spec- agree. I agree that there is no doubt own. Whether they pay taxes or not is ulate that they are not doing hundreds that this is good trade policy and good their business. That is the way things of thousands of miles of telephone foreign policy. go. It is not so good. lines. Why would they? They would Grant PNTR is practical economic Let me talk about this trend that is just leapfrog to the newest technology. policy, but it is also inescapable eco- occurring in China. I think it is excel- And that is what they began to use. nomic policy because it is impossible, lent. It is a great sign because a grow- That is what they will use for a long in this era of globalization, for the ing market-based economy is the most time hereafter. United States to fence off 20 percent of effective path to democracy for China Some have argued that PNTR is an the world’s population and refuse to and should be encouraged as part of the attempt to move manufacturing jobs trade with them on the same trade American policy with other free na- overseas. That is an argument we have terms we trade with others. Trade rela- tions in the world. to confront every time we talk about tions with China are not the same as There have been a lot of amendments lowering trade barriers with some they were in 1979 when China and the offered to this bill. I owe the Senators country in the world. It was the same United States first resumed diplomatic who offered them, individually or for argument when created the North relations. At that time, all trade themselves and others, an explanation American Free Trade zone with Mex- flowed through the Chinese Govern- of why I voted against each and every ico, I say to my good friend from New ment in the form of state-owned enter- one. Some of them are very good. Some York. prises. Today the private sector ac- of them, if freestanding and not bur- Let me illustrate that this is not the counts for nearly 70 percent of China’s dening a measure of this magnitude, I case with reference to that contention. output. Maybe I would put it dif- probably would have come down and Last week, Intel broke ground on a new ferently because some of these centers even debated. I did not. I did not come fabrication plant in Rio Rancho, NM. of trade, we don’t know whether they and talk on any of them because I was This expansion had a total cost of $2 are private sector, as we understand not going to vote for any. It appeared billion. them, but the nongovernment sector, to me that my responsibility as a Sen- Mr. MOYNIHAN. Two billion. nonowned by the Government, is near- ator was to see that this legislation got Mr. DOMENICI. It will provide 500 to ly 70 percent of the Chinese output through here, at least as much as I 1,000 more jobs for New Mexico, highly compared with 30 percent Government- could. That meant don’t add amend- paid, skilled jobs. owned. ments to it that are apt to make it im- Obviously, local businesses will also We understand the Government is possible for this legislation to get profit from this expansion. That is not too happy with owning even the 30 passed and sent to the President for what expanded trade with China means percent because they really don’t know signature. to Americans and to New Mexicans. how to run it. They are seeing what is I consider this to be the most impor- I gave you the example of the $2 bil- happening in the competitive world, tant event of this year and maybe of a lion investment because that invest- and big policy discussions are occur- couple years. While it does not come ment is made to make one phase of the ring there as to what do they do about out of my committee, I have been in- computer chip that I just described. that situation. They have observed and formed on it. I worked on it. I am very

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17917 proud of the Finance Committee and in Mr. DOMENICI. Our companies are the Senate proceed to a series of roll- particular the chairman, the distin- telling us they can compete. I know of call votes in relation to the following guished Senator from Delaware, Mr. many areas they can compete, and amendments, with 2 minutes for clos- ROTH, and obviously, the ranking mem- they are not competing because of ing remarks prior to each vote. Those ber, the distinguished Senator from trade barriers, because of tariffs, and amendments are as follows: Helms New York. because of the selectivity of some of amendment No. 4128; Helms amend- Mr. President, I yield the floor. the governmental entities in terms of ment No. 4123; a Feingold amendment The PRESIDING OFFICER. The Sen- who they pick and choose. That part is regarding a commission; Wellstone ator from New York. a little risky on their end. It may be a amendment No. 4120. Mr. MOYNIHAN. Mr. President, be- small amount of product, but it could Mr. MOYNIHAN. Mr. President, fore our beloved chairman of the Budg- be a very big wave if they are not care- might I inquire, I understand there are et Committee, the Senator from New ful. to be 2 minutes of debate between each Mexico, leaves, may I thank him for Mr. MOYNIHAN. Mr. President, if I of the specified votes. his remarks. All anyone need say is might respond, there is an extraor- Mr. ALLARD. Yes, 2 minutes for what he has said. I would just supple- dinary symmetry to what we are doing closing remarks prior to each vote. So ment them with one comment to rein- today. Toward the end of the Second I assume that is 1 minute to each side. force what he has said. We, the Finance World War, when China was our ally, I understand this has been agreed to by Committee, held a long series of hear- we gathered at Bretton Woods in New the leadership on both sides. ings on the bill. It happens, in the last Hampshire and drew up the plans for The PRESIDING OFFICER. Is there paragraph of the last witness, the Hon- what became the World Bank, the objection? orable Ira Shapiro, who has been pre- International Monetary Fund, and an Without objection, it is so ordered. viously our chief negotiator for Japan International Trade Organization to es- The PRESIDING OFFICER. The Sen- and Canada at the Office of the U.S. tablish common rules for trade that ator from Wisconsin is recognized. Trade Representative, said thus: would be abided by, a rule of law that Mr. FEINGOLD. Mr. President, I ask This vote is one of an historic handful of could be adjudicated and settled. China unanimous consent that the pending congressional votes since the end of World was a full participant at the Bretton amendment be temporarily set aside so War II. Nothing that Members of Congress do Woods Conference. China joined the I may offer an amendment. this year or any other year could be more General Agreement on Tariffs and The PRESIDING OFFICER. Without important. Trade after the International Trade Or- objection, it is so ordered. He was not simply speaking of trade ganization, sir, was defeated in the AMENDMENT NO. 4138 and the standard of living. He was talk- Senate Finance Committee. Mr. FEINGOLD. Mr. President, I send ing about the large geopolitical fact of They withdrew after the Chinese Red an amendment to the desk and ask for do we include one-fifth of mankind in Army overran the mainland. But now its immediate consideration. the world’s system we wish to create, the People’s Republic has asked to The PRESIDING OFFICER. The we have created, and are creating, or come back and join the revived Inter- clerk will report. do we say, no, you are out, and invite national Trade Organization, now the The assistant legislative clerk read hostility that could spoil the next half World Trade Organization, which has as follows: rules that are to be abided by, and non- century? The Senator from Wisconsin [Mr. FEIN- discrimination is the first rule. We have not. Today we voted by a GOLD] proposes an amendment numbered two-thirds majority to go forward. I That is why this measure is so impor- 4138. thank the Senator for his vote and his tant because we could not be in the WTO with China if we had a provision Mr. FEINGOLD. Mr. President, I ask leadership throughout. It is a cheering unanimous consent that reading of the experience in what has not been always that we must renew normal trade rela- tions status once a year. No, but each amendment be dispensed with. a cheering year. The PRESIDING OFFICER. Without of us must abide by the rules. It is now Mr. DOMENICI. Will the Senator objection, it is so ordered. up to the vigilance of our Department yield? The amendment is as follows: Mr. MOYNIHAN. Mr. President, I of Commerce, the Trade Representa- tive, American business, and labor (Purpose: To make technical changes relat- yield. ing to the recommendations of the Con- Mr. DOMENICI. Mr. President, I unions to see to it that the rules are gressional-Executive Commission on the thank Senator MOYNIHAN for those abided by. You can’t hope for more. People’s Republic of China) Let us go forward in confidence and kinds words and for his last observa- On page 44, beginning on line 4, strike all tion. determination, as the Senator de- through page 45, line 12, and insert the fol- Perhaps Mr. Shapiro said it more elo- scribed. I thank the Senator. lowing: Mr. DOMENICI. I thank the Chair. (g) ANNUAL REPORTS.—The Commission quently than I. I consider it one of the Mr. MOYNIHAN. I yield the floor. most important events, and I described shall issue a report to the President and the The PRESIDING OFFICER. The Sen- Congress not later than 12 months after the that early on as I see it. ator from Colorado is recognized. date of the enactment of this Act, and not I would add one observation. I ask Mr. ALLARD. Mr. President, I know later than the end of each 12-month period the Senator if he shares this. Frankly, my colleague from Wisconsin has been thereafter, setting forth the findings of the I think it is very important, when here before me. I have been asked by Commission during the preceding 12-month China is granted PNTR, when it be- the majority leader to make a unani- period, in carrying out subsections (a) comes a member of WTO, that they not mous consent request. As soon as I through (c). The Commission’s report shall contain recommendations for legislative or leave with the American people in the make it, I hope the Chair will recognize next few years, that they not let activ- executive action, including recommenda- my colleague from Wisconsin. tions indicating whether or not a change in ity on their part happen which would Mr. President, I ask unanimous con- China’s trade status is merited. let Americans think that they are dis- sent that there be 30 minutes equally (h) SPECIFIC INFORMATION IN ANNUAL RE- criminating against the purchase of divided for debate relative to the Fein- PORTS.—The Commission’s report under sub- American goods and services. If we are gold amendment regarding a commis- section (g) shall include specific information competitive in this world, whether it sion, with no second-degree amend- as to the nature and implementation of laws be in services or in products or in agri- ments in order prior to the vote. or policies concerning the rights set forth in cultural products, we don’t expect I further ask consent that following paragraphs (1) through (12) of subsection (a), China to control that through its Gov- and as to restrictions applied to or discrimi- that debate, Senator WELLSTONE be nation against persons exercising any of the ernment but rather leave it to the free recognized in order to resume debate rights set forth in such paragraphs. and open market or, indeed, Americans on amendment No. 4120. (i) CONGRESSIONAL PRIORITY PROCEDURES.— will look at this as a sham. I further ask consent that following (1) INTRODUCTION AND REFERRAL OF RESOLU- Mr. MOYNIHAN. Yes, sir. the use or yielding of that debate time, TIONS.—

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17918 CONGRESSIONAL RECORD—SENATE September 13, 2000 (A) IN GENERAL.—Not later than 10 session I am not blind to the numbers; I am gress engage with this important com- days after receipt of the Commission’s report not blind to the likely votes. This bill mission. by a House of Congress, the Majority Leader stands an excellent chance of passing Finally, this amendment lays out a of that House shall introduce a joint resolu- the Senate, and we are dealing with procedure by which this commission’s tion in that House providing for the imple- mentation of such recommendations of the legislation likely to become law. So I recommendations could be considered Commission’s report as require statutory im- choose to take seriously the efforts by this body rather than simply gath- plementation. In the case of the Senate, such made in the other body to somehow in- ering dust and assuaging consciences resolution shall be referred to the Com- tegrate human rights concerns into on our office shelves. It would establish mittee on Foreign Relations and, in the case this legislation. a procedure, one that is not unfamiliar of the House of Representatives, such resolu- Perhaps I am supposed to assume or unprecedented, whereby commission tion shall be referred to the Committee on those efforts are simply window dress- recommendations, in the form of a res- International Relations. In the consideration ing, mere political cover for those who olution, would be considered by the ap- of resolutions referred under this subpara- feel obligated to address human rights graph, such committees shall hold hearings propriate committees. These commit- on the contents of the Commission’s report issues but who are also disinclined to tees would then hold hearings to re- and the recommendations contained therein impede this trade initiative with in- view these recommendations, allowing for the purpose of receiving testimony from convenient complications. But I reject for public comment and opening up Members of Congress, and such appropriate that assumption. If this bill passes, as this process to democratic participa- representatives of Federal departments and it probably will, the Congressional-Ex- tion and actual debate. agencies, and interested persons and groups, ecutive Commission on the People’s Critically, after committee consider- as the committees deem advisable. Republic of China will be important ation, any Member of the House or (B) SESSION DAY DEFINED.—The term ‘‘ses- both in substance and as a symbol. It Senate would have the right to call up sion day’’ means, with respect to a House of Congress, any day on which the House of may well be the only remaining bridge the resolution on the floor. This Congress is in session. in our China policy between this coun- amendment ensures that the crucially (2) PROCEDURE FOR DISCHARGE OF COMMIT- try’s highest values and the pursuit of important issues covered by the com- TEES.—If the committee to which is referred profit for the few. It will be the watch- mission can be considered by any Mem- such resolution has not reported such resolu- dog, in a sense, responsible for ensuring ber, not only the members of certain tion at the end of 15 calendar days after its that our trade policy undermines nei- committees. As it now stands, only introduction, such committee shall be dis- ther our national values nor our na- members of the House International charged from further consideration of such tional character. Its structure and its Relations Committee would have the resolution and such resolution shall be placed on the appropriate calendar of the mandate will carry this burden. So I do power to consider and weigh the com- House involved. think this commission deserves our se- mission report. That seems very odd to (3) MOTION TO PROCEED.—When the com- rious consideration. me for a bicameral legislature. This mittee to which a resolution is referred has As currently constructed, the com- amendment provides a mechanism for reported, or has been deemed to be dis- mission would produce an annual re- moving the substance of commission charged (under paragraph (2)) from further port. But it would not be required to recommendations onto the floor and consideration of, a resolution described in include policy recommendations in this into the realm of full congressional paragraph (1), notwithstanding any rule or report, and neither the House nor the consideration. precedent of the Senate, including Rule 22, it is at any time thereafter in order (even Senate would actually be required to This is hardly an extreme propo- though a previous motion to the same effect debate the report or to hold any kind sition. My amendment would give this has been disagreed to) for any Member of the of vote on it. In short, the commission commission greater relevance, rather respective House to move to proceed to the would be extremely weak and then, of than relegating it to bureaucratic consideration of the resolution, and all course, could be easily be marginalized. limbo. Relevance seems like an emi- points of order against the resolution (and My amendment would strengthen the nently reasonable goal for a body against consideration of the resolution) are commission in several ways. First, it charged with the critically important waived. The motion is highly privileged in would require that the commission’s work of reconciling U.S. support for the House of Representatives and is privi- report contain recommendations for leged in the Senate and is not debatable. The human rights with the U.S. trade pol- motion is not subject to amendment, or to a legislative and/or executive action, icy toward China. motion to postpone, or to a motion to pro- rather than simply permitting such Those toiling in forced labor camps ceed to the consideration of other business. recommendations. As the debate on are relevant. This body ought to be- A motion to reconsider the vote by which this bill has shown, we do not lack for have as if they are relevant. The Ti- the motion is agreed to or disagreed to shall reports of gross human rights viola- betan and Chinese people, fighting not be in order. If a motion to proceed to the tions in China. But simply stating the every day for religious freedom, are consideration of the resolution is agreed to, facts is not enough; our actions must relevant. Victims of torture are rel- the resolution shall remain the unfinished reflect acknowledgement of those evant. The Congressional Executive- business of the respective House until dis- posed of. facts. Thick reports and handwringing Commission on the People’s Republic (4) The provisions of paragraphs (1) in and of themselves do not serve U.S. of China is where these people will now through (3) are enacted by interests. Policy recommendations have to find their place in U.S. policy. have to be an explicit part of the com- I urge my colleagues to take this seri- Mr. FEINGOLD. Mr. President, this mission’s mandate. ously and give it the strength it needs amendment will increase the strength In addition, this amendment would to be meaningful. and the relevance of the Congressional- require that legislative proposals con- I reserve the remainder of my time, Executive Commission on the People’s tained in the report be considered by and I yield the floor. Republic of China. both the House International Relations The PRESIDING OFFICER. The Sen- It is no secret that I oppose H.R. 4444, Committee and by the Senate Foreign ator from Colorado is recognized. the bill extending permanent normal Relations Committee. As it now Mr. ALLARD. Mr. President, the Re- trade relations to China. I believe it is stands, this commission reports only to publican floor manager has indicated I a mistake to institutionalize a separa- the House. I urge my colleagues in this could use his time to talk about this tion between our trading relationship body, the Senate, to recognize that the important piece of legislation. I don’t with China and our concerns regarding Senate needs to consider this report have any remarks I am going to direct the deteriorating human rights situa- and its recommendations as well. We specifically to the amendment; al- tion in China. I believe this cannot leave this important work sole- though, I find myself in the same posi- compartmentalization of American in- ly to our House colleagues and, in ef- tion as the Senator from New Mexico, terests makes for policy that is con- fect, wash our hands of it. We must Mr. DOMENICI, in that there are many fused, contradictory, and ultimately protect the Senate’s prerogatives and amendments that, under different cir- ineffective. ensure that both Chambers of this Con- cumstances, I may very well have

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17919 found myself supporting. But because I wheat, and so much more. The rest of of China, and that is not an oppor- think this is such an important piece the world is scrambling ferociously to tunity to be ignored by those who seek of legislation, I have decided to oppose pass their own version of PNTR to cap- to aid the world’s less fortunate. any amendments that will be made to ture the China market. The number one export from America this bill because I think it will put it in If we turn down this opportunity or if is democracy. jeopardy, and the chances of it passing we amend it into practical nullifica- PNTR will not only tear down the the House are, from what I understand, tion, we will not stop China’s human trade barriers for Colorado’s workers, not good if we put Senate amendments rights problems; we will not force farmers, and small businesses, it will on this side. China to accept freedom of religion, also flood the Chinese culture with the I think we will have an opportunity speech, or other individual liberty. All American ideals of liberty and democ- in the future to address some of the that will happen is the United States racy. amendments that were attempted to be will be denied the loosening of tariffs When the freedom protesters took made to this particular piece of legisla- and import controls that the rest of over Tiananmen Square in 1889 and tion. Under those circumstances, as I the world nations will gain. built a replica of the Statute of Lib- mentioned earlier, I will probably sup- If Congress balks at PNTR this year, erty, they were not just expressing sup- port them. 137 nations other than the United port for the type of freedoms enshrined I think this is a very important piece States will benefit from free trade with in our political documents. of legislation for this country. It is a China while American workers, farm- They were expressing a desire for the very important piece of legislation as ers, ranchers, and small businesses are liberty and benefits of a modern, vi- far as the State of Colorado is con- denied equal access. brant, and free United States that they cerned. The State of Colorado has expe- Everyone knows we trade with China saw on the current world stage. rienced tremendous growth in exports, now. Colorado exported $166 million By increasing our relations with and I attribute that to the type of in- worth of goods to China in 1998. Colo- China, we can side step the admittedly dustry we have in the State of Colo- rado Springs alone, one of our larger authoritarian regime in Beijing, and rado. We are primarily agriculture and metropolitan areas, exported $41 mil- deal with the people themselves light manufacturing, which includes lion. Denver, another of our larger through our products and our commu- high-technology. Those are areas where metropolitan areas, exported $16 mil- nications. we have had a lot of growth in exports lion to China. And these numbers are The Soviet Union did not fall because nationwide. Colorado has been the ben- only going to grow. If we grant China we passed resolutions against them. It PNTR, Colorado will be assured a more efactor of that. did not fall because we had bitter de- I have come to the belief that we prosperous future. Why? Because with bates about their human right records, need to work to open trade barriers. PNTR–WTO membership, China will and it did not fall because we regularly When we open these trade barriers, de- have to lower their average tariffs on reviewed their civil liberties. U.S. goods from 24 percent to 9 percent. mocracy is exported and we prosper It fell for two reasons that remain They will have to cut average agricul- economically. Colorado would be one relevant today: The Soviet Union fell tural tariffs in half and eliminate all State in the Nation that would be a because the oppressed people of East- tariffs on high-tech goods. But Colo- good example of that. ern Europe grew tired of being left be- rado and the United States will not Western civilization has been trading hind by the western prosperity they have to undergo similar market re- in some manner with China since the saw, and because their leaders realized structuring. The United States already Roman Empire anchored one end of the that President Reagan would not let has open markets and engages in free Silk Road. But it will not be until we them take that prosperity by force. trade. Unable to keep up with the western na- pass this bill before us that our culture It is China that will have to open will have access to free and open trade their markets and end their protec- tions, they fell behind and eventually with this massive country called tionism to benefit from WTO member- fell apart. We need to remain aware of and se- China. ship. This will then facilitate more cure against China’s sometimes blatant I am glad most of us have recognized trade and higher profits for Colorado hostility to us and our ideals. But we that the term ‘‘most favored nation’’ companies and Colorado workers. was a misnomer. This country needs to Why is China doing this? Because have less to fear from a China that remember that China will not actually they know what we do. Free trade ben- shares an engaged, mutually beneficial be ‘‘favored.’’ China will be equally efits those who practice it. relationship than from an excluded treated as we treat the other 137 World Many export producing jobs pay bet- China shut out of our markets. Trade Organization countries such as ter than basic service sector jobs. In- Taiwan, the nation most under the Cyprus, Jamaica, and Djibouti, or the creasing trade generates more jobs of a gun from an aggressive China, supports newest WTO member nation, Albania. higher quality, and that presents more Chinese PNTR/WTO membership for We are not singling China out for spe- opportunities for workers. this very reason. It suggests that they cial treatment, nor are we ushering For instance, since NAFTA, Colorado too hope that increased trade will over- them into the community of nations. has increased exports to Mexico by $300 whelm the communist system and The World Trade Organization exists million. China PNTR will add to this force it to grow and develop into a separate from our decision. export total. more mature, efficient, and equitable I am struck most by this fact: That if If we were to set aside economic rea- system. the United States does not pass perma- sons, there are still many other rea- Some oppose trade agreements be- nent normal trading relations, it does sons to favor PNTR. The first is hu- cause of security concerns. Trade not keep China out of the WTO. It just manitarian. agreements are not the reason for the keeps America from benefiting from History has shown that it is the iso- loss of our nation’s military secrets. China’s presence in it. lated, closed societies that are the We have seen serious security lapses China has 1.3 billion people, a pur- most brutal and repressed. Inter- in the Department of State, Depart- chasing power of $4.42 trillion, and a national contact—such as would be ment of Defense, Department of En- yearly import market of $140 billion. brought about by increased trade, with ergy, and our national laboratories. Nearly 20 percent of the world lives businessmen, foreign goods, exchanges, The responsibility of protecting our na- within its borders—a fifth of the world. corporate presence and marketing— tional secrets lies with the Administra- And many of the Chinese people are would serve to increase access to a tion, not our trade policies. just beginning to desire Western prod- higher standard of living and a better The most recent Department of En- ucts such as those made in Colorado— quality of life. ergy security blunder, losing two hard luxury goods, communication gear, We would be able to up-grade the ev- drives, coupled with the discovery of computers, software, western beef, eryday lifestyle of the ordinary people bugging devices in State Department

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17920 CONGRESSIONAL RECORD—SENATE September 13, 2000 conference rooms and the mishandling I oppose this amendment for many find it baffling that the main pro- of classified information by the re- reasons. As a jurisdictional matter, I ponent of this bill would not agree that cently dismissed Director of the Cen- oppose a change in the rules of the Sen- this Senate should receive the report, tral Intelligence Agency, builds a very ate that would refer a revenue measure as well as the House. strong case for this administration’s to a committee other than the Finance The Senator makes the point, as well blatant disregard for protecting our na- Committee, as this amendment would he should as chairman of the Finance tional security secrets. do if the Commission recommended a Committee, that he believes there may However, these wrongs pale in com- change in the trade status of China, be some concerns about proper jurisdic- parison to the Secretary of Energy’s and I urge all Finance Committee tion in terms of committees. I am a decision to ignore the public law en- members to support me. member of the Senate Foreign Rela- acted by Congress last year to estab- Second, I see no need to compel a rec- tions Committee, so I definitely believe lish a semi-autonomous National Nu- ommendation out of the Commission. this should go to the Senate Foreign clear Security Agency to correct As outlined in the mandate of the Com- Relations Committee. known security deficiencies within his mission, if they choose, they may But I have no problem with certainly department. make a recommendation to the Con- inviting an amendment that calls for a Fortunately, the recent Los Alamos gress on legislative action. Compelling joint reporting to both the Senate For- incident expedited what had become a the Commission to do so strikes me as eign Relations Committee and the Sen- stalled effort to confirm General John misguided. ate Finance Committee. It seems to me Gordon as Director of the newly formed Third, I see no need to fast track a that would take care of that concern. I NNSA. With General Gordon in place, I recommendation by the Commission. know of a number of cases in my brief sincerely believe we will finally get The Congress can consider any rec- time in the Senate where we have had some action to hasten security reform ommendation by the Commission these joint referrals, and that would within this agency. under the regular order, just as we are take care of the chairman’s concern. But these acts, all pre-PNTR, high- considering PNTR. Not only is this amendment not light a simple truth—weapons pro- Finally, as I have outlined with every threatening to the underlying purpose of this legislation, it is simply an liferation, national security, and de- amendment, I believe the adoption of amendment that balances the purpose fense are functions of a nation’s lead- this amendment would unnecessarily of this commission so that it has some ers, not its merchants. risk slowing the underlying bill down. relationship to the structure of our If we want a strong, pro-active na- Therefore, I view a vote for this amend- Congress. It says there ought to be rec- tional defense that diligently main- ment as a vote to kill PNTR. ommendations given and they should tains our vital interests, we can not ex- Mr. FEINGOLD. Mr. President, I will be reported to the Senate as well as to pect to let trade agreements alone briefly respond to the comments of the the House; that the Senate Foreign Re- shoulder that burden. distinguished chairman. lations Committee should continue to It is my hope that the upcoming vote Yes, this amendment, in terms of the consider these recommendations, as it will confirm America’s commitment to commission that was established in the House consideration of the bill, says has done in the past. free trade, international participation, I can’t think of a more modest there ought to be some recommenda- and mutually beneficial capitalism. amendment one could raise with regard tions coming out of this commission, That is why I will be voting in favor of to this bill. It is based on a commission there ought to be some reality. This is China PNTR and against any amend- that was already approved overwhelm- all we will have left of the opportunity ments. ingly in the House of Representatives to consider issues such as human rights I yield the remainder of my time. and supported by all of those who sup- in connection with China’s trade sta- The PRESIDING OFFICER (Mr. port this legislation. All we are trying tus. VOINOVICH). The Senator from Wis- to do is have a similar requirement Instead of just having a series of doc- consin. with respect to a report in the Senate. uments or volumes on a shelf gathering Mr. FEINGOLD. It is my under- It couldn’t be more modest. It is a sign dust, we suggest there ought to at least standing that the Senator from Colo- of how desperate the proponents of this be a requirement that there be rec- rado has yielded time in opposition to legislation are to get this thing my amendment. ommendations coming forward. That through without even the possibility of Mr. ALLARD. I yield my time on the seems to me to be very modest. This is a modest, logical change such as hav- floor and I reserve the time we have in not something that would in any way ing the Senate as well as the House re- opposition. undercut the legislation or the purpose ceive a report. Mr. FEINGOLD. I am prepared to of the legislation. It would simply I reserve the remainder of my time. yield back my remaining time. make sure that the work of the com- Mr. President, I am prepared to yield Mr. ALLARD. I want to make sure mission results in some recommenda- the remainder of my time if the opposi- the floor manager is comfortable yield- tion. tion to the amendment will do the ing back on our side; if so, I yield back What strikes me as even more same? the remainder of time. strange about opposition to this Mr. ROTH. Mr. President, I yield the Mr. ROTH. I suggest to the Senator amendment is that the distinguished remainder of the time on our side. from Colorado that I will make a few chairman would leave this commission Mr. FEINGOLD. I yield back the comments. to be only a commission that reports time. Mr. ALLARD. I yield my time. to the House of Representatives. He The PRESIDING OFFICER. The Sen- Mr. ROTH. Mr. President, I rise in would prefer that a commission that ator from Minnesota is recognized. opposition to the Feingold amendment. apparently is a serious commission, AMENDMENT NO. 4120 This amendment would change the one that the chairman will support, as Mr. WELLSTONE. Mr. President, my mandate of the Levin-Bereuter Com- he votes for final passage of the bill, understanding is we are now consid- mission created by H.R. 4444 by man- should not report to this body. I would ering amendment No. 4120. dating that it make recommendations think his institutional concerns of hav- Mr. President, this amendment would to the Congress on legislative actions. ing to do with proper referral to one delay the effective date of PNTR until Such recommendations would have to committee or another in a revenue bill the President can certify that China be introduced in each body, be referred would also apply to the notion that a has provided a full accounting of activ- to the Foreign Relations Committee report should go to the Senate as well ists who have been detained or impris- and the International Relations Com- as to the House on something as sig- oned for their labor activities and mittee, and be considered by those nificant and weighty as the question of China is making ‘‘substantial committees and the Congress under human rights and other issues in con- progress’’ in releasing these activists rules similar to ‘‘fast track.’’ nection with China’s trade status. I from prison.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17921 What we are really talking about government building. He was sentenced for organizing and leading a here is that this amendment calls upon to 6 years in prison. counterrevolutionary group. the President to delay the effective In July, another labor activist was A 40-year-old worker at a chemicals date of PNTR until we get from China sentenced to 10 years, and two others accelerator fluid plant in Beijing was an accounting of those citizens who were sentenced to 2 years in prison for sentenced to 13 years in Prison No. 2 have now been imprisoned in China be- subversion. What is it that they had for organizing and leading a cause they have tried to exert their done wrong? They were out there try- counterrevolutionary group. human rights to organize and bargain ing to organize workers and the family Another activist was sentenced to 11 collectively so they can make a decent of one of these activists alleged that years in prison for organizing and lead- wage, so they can work under civilized the police hung him by his hands in ing a counterrevolutionary group. working conditions, so they can sup- order to extract information on fellow Colleagues, I have other names and port their families. dissidents. other examples. But I think there are What we are talking about is we In August, another labor activist in several reasons why we should be con- want to see some evidence that China China was given a 10-year prison sen- cerned about the persecution and im- has made substantial progress in re- tence for illegal activities in the 1980s, prisonment of labor activists in China. First of all, labor rights, the right to leasing these activists from prison. We and more recently he was also thrown organize, recognized by international do not have an exhaustive list of all in prison because he had organized law, are a fundamental human right. the labor activists who are now serving worker demonstrations. This time he prison terms in China. There are many When men and women have the cour- was convicted for providing human age to stand up for justice at the work- of them about whom the facts are un- rights organizations overseas with in- place, they ought not be locked up, known. That is one of the reasons this formation on protests—a 10-year sen- they ought not be treated like animals, amendment calls on China to provide a tence, prison sentence, for a man who they ought not be serving 10-, 12-, 14- full accounting. But I will draw from had the courage to try to organize peo- year prison sentences in China, and we what empirical evidence I have as a ple and who then went to human rights should speak up for them. Senator, a Senator who is concerned organizations overseas with informa- Labor rights have been recognized in about human rights and the right of tion about worker protests in China. the documents that enshrine the most people to be able to organize their own He is now serving 10 years in prison. basic principles of human rights. The independent unions. I will draw from Don’t you believe we could at least Universal Declaration of Human Rights two sources of information. The first is ask China to provide us with some in 1948 states, ‘‘Everyone has the right the U.S. State Department Human credible information that they were to peaceful assembly and association. Rights Report which actually confirms now letting these people out of prison; Everyone has the right to form and that the Chinese Government has been that they were doing something about join trade unions for the protection of persecuting and incarcerating labor ac- all of the people who have been impris- his’’—and I would add ‘‘or her’’—‘‘in- tivists. oned? terests.’’ According to the State Department: This list is compiled by the ILO— In a speech before the Industrial Re- Independent trade unions are illegal. . . . Senator MOYNIHAN talked about the lations Research Association in Boston Following the signing of the International ILO yesterday on the floor of the Sen- this past January, former World Bank Covenant on Economic, Social, and Cultural ate. A 28-year-old worker in a Hunan chief economist Joseph Stiglitz laid Rights in 1997, a number of labor activists Province electrical machinery factory, out an argument that economic devel- petitioned the Government [Chinese Govern- ment] to establish free trade unions as al- was sentenced in 1989 to a life sentence opment needs to be seen as part of a lowed under the Covenant. The Government for hooliganism. His reduced sentence transformation of society and that has not approved the establishment of any is being served in prison and he now workers organizations, the right to independent unions to date. has been told he will get out in the form a union, is key to this develop- Now I will talk about some specific year 2007. mental process. examples. First, I will draw from the A manual worker in Shanghai and a Do my colleagues know what he was State Department report—our State member of the Workers Autonomous saying? He was saying what we know: Department report of this past year. Federation was sentenced in 1993 to 9 Independent unions and the right to Two activists in January were sen- years in Shanghai prison for organizing form an independent union means you tenced to reeducation through labor for a counterrevolutionary group. That make a better wage; it means you have 18 months and 12 months, respectively. from the ILO—my evidence. people who have enough money to con- Why were they arrested? They were A worker, organizer of another Work- sume; it means you are building a mid- leading steelworkers in a protest be- ers Autonomous Federation was sen- dle class; it means you have more eco- cause they had not been paid wages. tenced to 13 years imprisonment—for nomic justice; it means you have more In January of this year, another ac- hooliganism again. That is the charge stability. That is what Mr. Stiglitz was tivist, the founder of the short-lived any time you demonstrate, any time trying to say. Association to Protect the Rights and you try to organize people, any time I will give my colleagues one more Interests of Laid-Off Workers, unsuc- you have the courage to stand alone example of this brutality. An April 23, cessfully appealed a 10-year prison sen- and speak up for democracy. 2000, story in the Washington Post re- tence he received—10 years in prison. Another worker in Hunan, again, ported: He had been convicted—for what? ‘‘Ille- Yueyang City in Hunan, organizer of The number of labor disputes in China has gally providing intelligence to a for- the Workers Autonomous Federation, skyrocketed — to more than 120,000 in 1999— as workers, in unprecedented numbers get eign organization.’’ What was that for- was sentenced to 15 years—same laid off, are paid late, or not paid at all and eign organization? It was a Radio Free charge, hooliganism. feel cheated by corrupt officials who sell Asia reporter, and he was talking A 39-year-old lecturer in the Com- state property for a pittance to friends, rel- about worker protests in Hunan Prov- parative Literature Department at the atives, and colleagues. ince. For that, a 10-year prison sen- Language Institute in Beijing was sen- We are talking about unsafe working tence. Do we not care about this? tenced in 1995 to 20 years in Prison No. conditions. We are talking about low In April of this year workers an- 2 for organizing and leading a wages. We are talking about the funda- nounced the formation of the Chinese counterrevolutionary group, and for mental right of workers in China to or- Association to Protect Workers’ committing counterrevolutionary ganize and the compelling need, I be- Rights. In July, a labor activist and propaganda and incitement. lieve, for us to support this right. China Democracy Party member was A 30-year-old medical researcher in I will finish in a moment so we can arrested on subversion charges. He was the Department of Psychiatry at Bei- have some votes, although I am anx- arrested after taking part in a workers jing’s Anding Hospital was sentenced ious to hear whether there is any re- demonstration outside the provincial to 17 years in Prison No. 2 in Beijing sponse. Above and beyond the human

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17922 CONGRESSIONAL RECORD—SENATE September 13, 2000 rights question, above and beyond the ply saying to the President, before been engaged in human rights issues, fact that we should not be silent—I going forward with normal trade rela- have long understood an essential, have said this for the last several tions with China, at least—and I want basic truth which is this: Americans, days—above and beyond the fact that to read this again—at the very min- Senators can never be indifferent to we should be willing to speak up and imum, the President needs to certify the desperate circumstances of ex- vote for the rights of people to organize China has provided a full accounting of ploited and abused people in the far independent unions in China, we should these activists who are detained or im- reaches of the globe. When the most not let this Government with impunity prisoned for their labor activities. basic human rights and basic freedoms put people in prison for 12, 14, or 16 That is all the amendment asks, and of others are infringed or endangered, years because they have done nothing China can show it is making substan- we are diminished by our failure to more than try to speak up for them- tial progress in releasing these activ- speak out. selves and form a union so they can ists from prison. That is what this This amendment is a test case of make a decent wage and they can sup- amendment is about. whether or not we are willing to speak port their families. In a broader sense, this amendment out. I say to my colleagues, since this There is another reason. Senator is also about the right of people to or- is my last amendment, I believe we SARBANES spoke about this on the floor ganize and bargain collectively, and have made a big mistake—we will see of the Senate the other day. It is this: this is an amendment that says why what history shows us—in the rush to What we are going to see is not nec- should the people we represent in our pass this piece of legislation. I think essarily more exports to China but States be put in a situation where they we have made a mistake because I be- more investment in China. If we do not lose their jobs and where our commu- lieve the consequences, over the next 2, speak up for the right of workers to or- nities lose businesses that go to China 3, 4, 5, 6, 7, 8, 9, 10 years will be very ganize in China, China will become the because they know they can pay miser- harsh. export platform in this new inter- ably low wages, where people wind up I believe the economics in this global national economy that we talk about, in prison if they should dare get a bet- economy we are all talking about will and it will be a magnet for any kind of ter job, where they can actually export become a major axis of American poli- company that wants to go there that products made with prison labor, and tics. I believe the people that we rep- knows it can freely exploit workers, we are not voting for amendments that resent are going to want to know where pay workers 3 cents an hour, 10 cents give the people we represent in our own each of us stood. I believe we should an hour, 6 cents an hour, 20 cents an States some comfort that they them- have been making the effort to make hour, all of which is happening right selves are not going to lose their jobs sure this new global economy—with now, working people from 8 in the because of these absolutely brutal China being such a major actor—would morning until 10 at night with a half working conditions. be an economy not only working for I do not think it is too much to vote an hour, at most, for a break. That is big multinational corporations and big for an amendment that asks for only what we are going to see. financial institutions, which I know one little piece of this. We will delay I do not know how many Senators are very interested in passing this, but the effective date of PNTR until the will consider this before they vote, but it would also be a global economy that President can certify that the Chinese if you do not want to vote for this works for working people, a global amendment for human rights for work- Government has provided a full ac- counting of those people who have been economy that works for human rights, ers in China, vote for this amendment detained or imprisoned for doing noth- a global economy that works for chil- for the people you represent in your ing more than trying to organize or dren, a global economy that works for own States because I am telling you— trying to stand up for themselves and the environment. and this is just the future I am pre- I will say—and I am sorry because their families, and some accounting dicting—that our failure to adopt these none of us can be sure we are right; and that this Government is releasing amendments, our failure to focus on these innocent men and women from I understand that—I have not, in the human rights, our failure to vote on prison who have done nothing more course of this debate, seen very many human rights, our failure to vote on re- than protest deplorable working condi- Senators come out and present any em- ligious freedom, our failure to vote on tions or tried to form an independent pirical evidence to the contrary of the rights of people to organize and union. That is what this amendment is what I have had to say about these bargain collectively is going to lead to about. basic rights of people. Why is it that a new international economy where I conclude this way, which is the way we just turn our gaze away from this? China, with the size of the country and this debate started. We are forever I do not understand it. the population, will become a magnet, being told that we live in a global econ- I also think we have made a mistake it will become a low-wage export plat- omy, and that is true. For some reason, in another way, I say to the Presiding form, and the people in your States are too many of my colleagues do not want Officer. I think we have made a mis- going to say to you: Where were you to recognize the implications of this. take in the stampede to pass this legis- when you were asked to vote for us? For me, if we are now working and liv- lation, in this rush to passage, in this Now you are saying to us, Senator, ing in a global economy, that means if argument that we dare not even pass that you want us to compete against we are truly concerned about human an amendment. Even if it deals with people who get paid as little as 3 cents rights, we can no longer just concern the right of people to practice their re- an hour under the most brutal, exploit- ourselves with human rights at home. ligion, even if it puts the U.S. Senate ative labor conditions, and now we are If we are truly concerned about reli- and our country and our Government losing our jobs as companies are leav- gious freedom, we can no longer only on the side of human rights, we cannot ing our States to go to China, and you concern ourselves with religious free- do that because then it would go to had a chance to vote for the right for dom at home. If we are truly concerned conference committee. I do not under- people to organize in China so they about the right of workers to organize stand that argument, not when you could make a decent wage and those and bargain collectively, and earn a think about what the stakes are, not workers would not be played off better living for themselves and their when you think about this in personal against us, and you didn’t vote for it? families, then we can no longer concern terms. My colleagues should vote for this ourselves with labor rights only at Whatever happened to the voice of amendment because a vote for this home. If we are truly concerned about the Senate? Whatever happened to the amendment is not only a vote for the environment, we can no longer con- strong clarion call for the Government human rights in China, not only a vote cern ourselves with the environment of China, and all governments in the for the right of people to organize in only at home. world, to respect the human rights of China, but, most important of all, what I will say it one final time: The men their citizens? Whatever happened to this amendment is really about is sim- and women in this world, who have our justice voice? Whatever happened

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17923 to our human rights voice? Why were seek her fortune in a textile factory, crank- Attempts by workers to seek help from the these concerns trumped by this head- ing out bluejeans and tank tops for the West- government usually end in failure. The Com- long stampede and rush to pass this ern world. Sometime after midnight July 22, munist government only allows one union to legislation? she went out for a walk. exist—the All-China Federation of Trade Dogs patrolling the factory grounds at- Unions—and it has crushed any attempt to I conclude my remarks this way: We tacked the 17-year-old, breaking her right organize independent unions. The ACFTU is will see what happens in the future. leg and ripping chunks from her nose, head generally viewed as a mouthpiece for the I thank my colleagues for their gra- and elbows. Fei had violated a company rule Communist Party, although in recent years ciousness. I hope Senators will vote for that ordered all workers locked in their dor- it has fought quietly against some policies this amendment. mitories by midnight. She was hospitalized and laws that are clearly antilabor. I yield the floor. for 62 days. Born in Sichuan 42 years ago, Zhou was (Disturbance in the galleries.) When her father came to Shenzhen asking yanked out of school by his parents in third The PRESIDING OFFICER. The gal- for compensation, the factory bosses added grade and put to work on the land. When he insult to her injuries by firing the girl and leries are advised not to show any type was 17, his father sent him to the forbidding paying only medical expenses. Tibetan plateau as a soldier. He served for of approval or disapproval. Fei’s case could have sunk into the obliv- five years in some of the harshest conditions Mr. ROTH. Mr. President, I rise in ion of hundreds of thousands of others like on earth. opposition to my colleague’s amend- hers in China, where workers’ rights are rou- In 1979, he returned to Sichuan but again ment. I do not intend to address the tinely sacrificed at the altar of economic de- had to leave home because his family was merits of his proposal as a matter of velopment. But Fei and her father beat a too poor to feed him. Zhou found work in a U.S. labor law. Rather, my point is a path to a man who has become famous for brick factory in Hunan province, making a standing up for workers in a country with few dollars a month lugging 220-pound bags far simpler one. one of the worst occupational safety records The current business of this body is a of coal and handling scalding bricks that in the world. singed the skin off his hands, arms and bill to normalize our trade relationship Lawyer Zhou Litai took the case, and late chest. with China. This amendment simply last year, after proving that the factory did ‘‘It was normal for the factory not to pay does not belong on H.R. 4444 and has not have a dog permit and that there had the workers,’’ Zhou recalled. ‘‘People were nothing to do with China’s trade status been six similar attacks since 1994, he won fired for nothing. People were beaten. It was under our law. Fei a $6,000 settlement—a big chunk of bad.’’ But, the price of adopting the amend- change in a country where millions of labor- A friend encouraged Zhou to learn a skill. ers barely clear $1,000 a year. He took to law, perhaps, he said, because he ment could be very high for every ‘‘Lawyer Zhou is a good man,’’ said Fei was infuriated by the exploitation around working man and woman in the United Zhongming, Mingli’s father. ‘‘Without him, him. In 1986, he set up shop in Kaixian, his States. The reason is that the amend- we would have had nothing. He won justice home town, in a poor county close to the ment could result in delay or defeat of for us.’’ smoky metropolis of Chongqing. PNTR and the grant of PNTR is the China once advertised itself as a socialist Ten years later, Zhou took the first case one step we absolutely must take to workers’ paradise. But in its mad rush to be- that would catapult him into national prom- come a modern industrialized nation in the inence but also land him in serious debt. In ensure that American workers, to- 20 years since economic reforms opened gether with American farmers and May 1996, a husband and wife, both workers doors to the West, China’s cutthroat system at the Happy Toy Factory in Shenzhen, were American businesses, reap the benefits has victimized average laborers. With China walking on the factory grounds when they of China’s market access commitments preparing to enter the World Trade Organiza- were killed by a delivery truck. The factory under the WTO. tion, the United States and other advanced denied responsibility for their deaths, leav- What we would be sacrificing is, ac- nations have pushed for some type of binding ing the couple’s three young children and cording to independent economic anal- international labor standards; this was one their aging parents penniless. ysis, $13 billion in additional U.S. ex- of the issues behind demonstrations during The grandparents and the children were port sales annually. Expanding our ex- he WTO’s meeting in Seattle in November. living in Sichuan—source for most of the But China and other developing countries cheap labor that has driven the economic port sales, as has been reiterated a have opposed such standards. miracle along China’s eastern coast. They number of times already in this debate, In the first nine months of last year, 3,464 came to Zhou as a last resort. No lawyer in creates new jobs. And I point out, jobs miners died in China—about the same as Shenzhen would take such cases because in U.S. export sectors pay 15 percent 1998—one of the worst rates per ton of min- local governments had warned them against more and provide 32 percent more in erals mined in the world. The only place ‘‘affecting the investment environment,’’ benefits than average. where official statistics have been released Zhou said. What that means in practical terms for industrial accidents is Shenzhen. In 1998, As an outsider, Zhou could run a risk. He 12,189 workers were seriously injured and 80 is that the passage of PNTR and the ex- sued the Happy Toy Factory and won died in industrial accidents in its 9,582 fac- $40,000—marking the first time in Com- ports we expect to expand under the tories, although the real number is believed munist China that a court had ordered a fac- WTO agreement with the Chinese pro- to be much higher. tory to pay damages to the family of de- vide real, tangible benefits to workers More than 90 percent of those injured lost ceased workers. in American society. a limb. Statistics from the state hospital in Zhou’s experience in Shenzhen, meeting I ask, as a consequence, that my col- Shenzhen’s Bao’an county tell a gruesome maimed workers with tales of exploitation, leagues join me in opposing the pro- tale. In the hospital’s Building 7, 47 patients 18-hour shifts, dormitory lock-downs, dog at- posed amendment. have lost hands; in Building 6, 21 patients tacks and decrepit machinery, convinced have third-degree burns; in Building 5, 42 pa- I ask the Senator from Minnesota, him that his life’s work lay not in Sichuan, tients have lost legs. but with the Sichuanese who had come to are you ready to yield back time? After a ferry sank in November, killing 280 Shenzhen. Mr. WELLSTONE. I have a very people, China’s Communist Party leadership ‘‘If you don’t protect your workers, it quick response to my colleague. called for a nationwide workplace safety in- doesn’t matter how good your products are,’’ Mr. President, I ask unanimous con- spection campaign and acknowledged that he said. ‘‘You are creating a social volcano.’’ sent that an article in the Washington despite years of hand-wringing about the im- Since the toy factory case, Zhou has filed Post, dated January 11, 2000, entitled portance of safety, serious health and safety 200 other lawsuits in courts around ‘‘No Workers’ Paradise’’ be printed in hazards remain. Shenzhen. He has won 30; most of the others ‘‘Since 1980, labor standards in China have are still pending. He sometimes works on the RECORD. gotten worse,’’ said Anita Chan, a senior re- contingency and also receives donations. There being no objection, the article search fellow of the Australian Research Along the way, he has angered the Shenzhen was ordered to be printed in the Council and an expert on China’s labor city government, which tried to disbar him RECORD, as follows: issues. ‘‘In the state sector, workers are los- in 1997 but lost in court. [From the Washington Post, Jan. 11, 2000] ing their jobs, so labor standards are almost In late 1997, Zhou found a house in a rough- as bad as foreign-funded or private-sector and-tumble neighborhood on the outskirts of NO WORKERS’ PARADISE factories in inland provinces. . . . As for for- Shenzhen. Since then, 70 injured workers, (By John Pomfret) eign-funded factories, exploitation and out of jobs and penniless, have lived with SHENZHEN, CHINA—Fei Mingli, a slight abuses have not diminished in the 1990s. If him. teenager from Sichuan province, came to anything, because of the Asian economic cri- Running the house has thrown Zhou into this bustling Chinese factory town in 1998 to sis, it has gotten worse.’’ debt to the tune of thousands of dollars. It

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17924 CONGRESSIONAL RECORD—SENATE September 13, 2000 has not helped that some of his guests have ate, at least by some, that since there The legislative clerk called the roll. skipped town after winning their cases with- is profit to be made, and more money Mr. NICKLES. I announce that the out paying him for room and board. to be made, and maybe more workers Senator from Washington (Mr. GORTON) Most of Zhou’s adversaries are factories run by Taiwanese, Hong Kong or South Ko- will do better in our country—which I is necessarily absent. rean companies, which work on a contract will question in a moment—we should, Mr. REID. I announce that the Sen- basis for Western firms. He has yet to sue a therefore, turn a blind eye, turn our ator from Hawaii (Mr. AKAKA), the Sen- Japanese or American company, he said, be- gaze away from these deplorable condi- ator from Massachusetts (Mr. KEN- cause their labor conditions are better. tions; that we should not be concerned NEDY), and the Senator from Con- Workers in Shenzhen say the most dan- about the persecution of people who necticut (Mr. LIEBERMAN) are nec- gerous machine is a mold for plastic prod- are trying to practice their religion; essarily absent. ucts called a piji. One false move and a limb that we should not be concerned about The PRESIDING OFFICER (Mr. can be crushed by huge metal slabs at pres- sures varying from 40 to 500 tons. human rights; that we should not be SMITH of Oregon). Are there any other It was on such a machine that Peng concerned about people who are impris- Senators in the Chamber desiring to Guangzhong lost his right arm last spring. oned because they are trying to form a vote? The factory had failed to buy insurance, so labor union. I do not believe most peo- The result was announced—yeas 43, his employers fired the 20-year-old imme- ple in Minnesota or people in the coun- nays 53, as follows: diately. Then, because of his injury, Peng’s try believe that. [Rollcall Vote No. 243 Leg.] girlfriend dumped him. He attempted sui- Most people in Minnesota and the YEAS—43 cide. An arbitration committee said the fac- country believe these issues should be tory should pay him $4,500. With Zhou’s help, Abraham Feingold Reid Peng sued and won $21,000 in court. of concern to the U.S. Senators. We, Ashcroft Gregg Santorum ‘‘Lawyer Zhou saved my life,’’ Peng said. after all, are representing people in our Bayh Harkin Sarbanes ‘‘Without him, I’d be dead.’’ Nation. I think it is a very sad day Boxer Helms Sessions when the United States of America re- Breaux Hollings Shelby Mr. WELLSTONE. I will read a cou- Bunning Hutchinson Smith (NH) ple of paragraphs from the article. This fuses to speak out for human rights in Burns Inhofe Snowe any country. Byrd Jeffords Specter was written by John Pomfret: Campbell Kerry Indeed, this will be a debate that will Thompson China once advertised itself as a socialist Collins Kohl Thurmond go on. What will happen is, given the Conrad Kyl workers’ paradise. But in its mad rush to be- Voinovich fact that we have Wal-Marts paying DeWine Leahy come a modern industrialized nation in the Warner 20 years since economic reforms opened about 13 cents an hour—and I have Dodd McConnell Dorgan Mikulski Wellstone doors to the West, China’s cutthroat system given examples of companies paying Edwards Reed has victimized average laborers. far less—China is going to become the Then it goes on to say: export platform where people know NAYS—53 ‘‘Since 1980, labor standards in China have that if they should dare to try to orga- Allard Fitzgerald Mack Baucus Frist McCain gotten worse,’’ said Anita Chan, a senior re- nize a union, they are going to be Bennett Graham Miller search fellow of the Australian Research thrown in prison. So all these multi- Biden Gramm Moynihan Council and an expert on China’s labor national corporations have carte Bingaman Grams Murkowski issues. blanche approval to go to China, pay Bond Grassley Murray Brownback Hagel I could go on and on. hardly anything in wages, have people Nickles Bryan Hatch Robb I say to my colleague from Delaware, Chafee, L. Hutchison working under deplorable working con- Roberts Cleland Inouye there are three parts to his argument ditions, and we are going to lose jobs. Rockefeller Cochran Johnson that trouble me. First of all, this Roth We are not going to see a lot more Craig Kerrey amendment has everything in the exports. We will see a lot more invest- Crapo Landrieu Schumer world to do with what is going on in ment. What better place to invest for Daschle Lautenberg Smith (OR) China. This is not an amendment about some of the multinational corporations Domenici Levin Stevens Durbin Lincoln Thomas labor law reform in the United States. than a country where you know you Enzi Lott Torricelli That is an amendment I will bring to don’t have to worry about paying good Feinstein Lugar Wyden the floor at the very beginning of the wages, you know you don’t have to NOT VOTING—4 next Congress. We will have a full de- worry about safe working conditions Akaka Kennedy bate about the right of people to orga- because, if people dare to protest or Gorton Lieberman nize in our country. challenge this for the sake of them- This is about China. This is about selves or their families, they wind up The amendment (No. 4128) was re- labor conditions in China. This amend- in prison. I see a very different eco- jected. ment is about people who have been nomic future. Mr. ROTH. Mr. President, I move to imprisoned because they have done I yield back the remainder of my reconsider the vote. nothing more than to speak out and time. Mr. MOYNIHAN. I move to lay that protest against working conditions or Mr. ROTH. Mr. President, I yield motion on the table. trying to form a union. back the remainder of my time. The motion to lay on the table was agreed to. This amendment just says, before the VOTE ON AMENDMENT NO. 4128 President goes forward, let’s certify Mr. ROTH. Mr. President, what is the AMENDMENT NO. 4123 that China is willing to let these people pending business? The PRESIDING OFFICER. There out of prison, and that we are going to The PRESIDING OFFICER. The are now 2 minutes. get some certification of some progress question is on agreeing to the Helms Mr. ROTH. Mr. President, I ask unan- in that area. That is all this amend- amendment No. 4128. imous consent that on the three re- ment is about. Mr. ROTH. Has all time been yielded maining stacked votes, they be limited The second thing I would say to my back on that? to 10 minutes. colleague from Delaware —we have had The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without some of this discussion before—is that has expired on the amendment. There objection, it is so ordered. even if I believed he was right—and I are 2 minutes prior to the vote. Mr. BYRD. Mr. President, reserving think he is wrong—that actually we Mr. ROTH. Mr. President, I ask unan- the right to object, and I will not ob- are going to see more exports that will imous consent to yield back the 2 min- ject, who is going to pay attention if lead to higher wages for American citi- utes on both sides. we agree to have 10-minute votes? Does zens, I do not believe people in the The PRESIDING OFFICER. Without anyone want to take a bet on it? We United States of America would be objection, it is so ordered. will not defer to that request. It will comfortable with the proposition that The yeas and nays have been ordered. still be the same old thing—15 minutes, is being made on the floor of the Sen- The clerk will call the roll. 20 minutes, 25 minutes, 30 minutes.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17925 I would be embarrassed. I would be Feinstein Kyl Reid ously, to actually examine its con- embarrassed to keep this Senate wait- Fitzgerald Landrieu Robb tents. Frist Leahy Roberts ing on me for a vote. I hope if I am ever Graham Levin Rockefeller All my amendment will do is, first, out and the time is up, they will call it. Gramm Lincoln Roth require the Congressional-Executive They won’t hear a peep out of me. Grams Lott Santorum Commission to make recommendations Grassley Lugar We ought to respect the convenience Schumer in its report. Secondly, we would re- Gregg Mack Smith (OR) Hagel McCain and inconvenience of our colleagues Specter quire the commission to report to the Harkin McConnell who are kept waiting here. Stevens Senate as well as to the House. Cur- Hutchinson Miller Thomas I withdraw my objection. Hutchison Moynihan rently, under the bill, the commission The PRESIDING OFFICER. Without Inouye Murkowski Voinovich reports only to the House International objection, it is so ordered. Johnson Murray Warner Relations Committee. And third, it will Wyden Mr. ROTH. Mr. President, I ask unan- Kerrey Nickles create a mechanism whereby any Mem- Kerry Reed imous consent that we dispense with ber of the Senate can call the commis- the 2 minutes before each of the other NOT VOTING—4 sion recommendations up on the floor amendments on both sides. Akaka Kennedy so that these issues are not the exclu- The PRESIDING OFFICER. Is there Gorton Lieberman sive purview of certain committees. objection? The amendment (No. 4123) was re- The amendment will not require the Mr. BYRD. Mr. President, I object to jected. commission to affirmatively approve that. Mr. ROTH. I move to reconsider the extension of PNTR. It will not infringe Mr. LEAHY. I object to that. vote. on any Member’s right to amend legis- The PRESIDING OFFICER. There Mr. REID. I move to lay that motion lation on the floor. are 2 minutes equally divided on the on the table. I think it is difficult to argue that Helms amendment No. 4123. The motion to lay on the table was this amendment does not improve the The Senator from Montana is recog- agreed to. commission and the bill. I urge my col- nized. Mr. REID addressed the Chair. leagues to take this process seriously. I Mr. BAUCUS. Might I inquire of the The PRESIDING OFFICER. The Sen- urge them to support this amendment. Chair whether they are 15-minute votes ator from Nevada. Mr. President, I ask for the yeas and or 10-minute votes? Mr. REID. Could the Chair inform nays on my amendment. The PRESIDING OFFICER. They are the Senate as to how long that 10- The PRESIDING OFFICER. Is there a 10-minute votes. minute vote took? sufficient second? Mr. BAUCUS. I thank the Chair. Mr. BYRD. Mr. President, could we There is a sufficient second. The PRESIDING OFFICER. Who have order in the Senate. The Senator from Delaware has 1 The PRESIDING OFFICER. The Sen- yields time? Who yields time on the minute. ate will be in order. Helms amendment? Mr. ROTH. Mr. President, I oppose The last vote took 16 minutes. Mr. ROTH. Mr. President, the Sen- the Feingold amendment. Congress Mr. REID. Mr. President, I say, ator yields his and I yield mine. I yield would, in effect, once again be asked to through the Chair to my friend from the 2 minutes. vote on China every year regarding the West Virginia, that I agree with him. I The PRESIDING OFFICER. All time commission’s recommendations on a think that if we are going to have 10- is yielded back. The question is on fast-track basis. I believe adoption of minute votes, we should have 10- agreeing to amendment No. 4123. this amendment would unnecessarily minute votes. We started these votes at The yeas and nays have been ordered. risk the underlying bill. I urge my col- 6 o’clock. It is now quarter to 7. In fact, The clerk will call the roll. leagues to vote against it. we started before 6. The legislative clerk called the roll. I would hope we could stick to the 10- I yield back the remainder of my Mr. NICKLES. I announce that the minute limit. People have all kinds of time. Senator from Washington (Mr. GORTON) things to do rather than sit around and The PRESIDING OFFICER. The is necessarily absent. wait to vote. question is on agreeing to amendment Mr. REID. I announce that the Sen- Mr. BYRD. Mr. President, may the No. 4138. The yeas and nays have been ator from Hawaii (Mr. AKAKA), the Sen- Senate be in order. ordered. The clerk will call the roll. ator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. NEDY), and the Senator from Con- ate will be in order. Mr. NICKLES. I announce that the necticut (Mr. LIEBERMAN), are nec- There are now 2 minutes equally di- Senator from Washington (Mr. GORTON) essarily absent. vided on the Feingold amendment. is necessarily absent. The PRESIDING OFFICER. Are there Mr. BYRD. Mr. President, the Chair Mr. REID. I announce that the Sen- any other Senators in the Chamber can see that the Senate is not in order. ator from Hawaii (Mr. AKAKA), the Sen- who desire to vote? May we have order. ator from Massachusetts (Mr. KEN- The result was announced—yeas 23, The PRESIDING OFFICER. Will NEDY), and the Senator from Con- nays 73, as follows: those Senators having conversations in necticut (Mr. LIEBERMAN) are nec- [Rollcall Vote No. 244 Leg.] the well please take them to the Cloak- essarily absent. YEAS—23 room. The PRESIDING OFFICER. Are there Ashcroft Hollings Shelby The pending amendment is the Fein- any other Senators in the Chamber de- Byrd Inhofe Smith (NH) gold amendment. siring to vote?–– Campbell Jeffords Snowe Mr. BYRD. Mr. President, I ask that The result was announced—yeas 18, Collins Kohl Thompson nays 78, as follows: Edwards Lautenberg Thurmond there be order in the Senate, that staff Feingold Mikulski Torricelli in the Senate take seats, that staff in [Rollcall Vote No. 245 Leg.] Hatch Sarbanes Wellstone the Senate get out of the well. YEAS—18 Helms Sessions I thank the Chair. Byrd Hollings Reed NAYS—73 AMENDMENT NO. 4138 Collins Hutchinson Sarbanes Abraham Breaux Craig The PRESIDING OFFICER. The Sen- DeWine Kohl Smith (NH) Allard Brownback Crapo Feingold Lautenberg Snowe Baucus Bryan Daschle ator from Wisconsin has 1 minute. Harkin Leahy Thompson Bayh Bunning DeWine Mr. FEINGOLD. Mr. President, my Helms Mikulski Wellstone Bennett Burns Dodd amendment is eminently reasonable. NAYS—78 Biden Chafee, L. Domenici This body is considering a bill that is Bingaman Cleland Dorgan Abraham Baucus Biden Bond Cochran Durbin very likely to become law. We have a Allard Bayh Bingaman Boxer Conrad Enzi responsibility to take that bill seri- Ashcroft Bennett Bond

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17926 CONGRESSIONAL RECORD—SENATE September 13, 2000 Boxer Graham Miller backfire by effectively barring access NOT VOTING—4 Breaux Gramm Moynihan Akaka Kennedy Brownback Grams Murkowski of U.S. companies to the Chinese mar- Gorton Lieberman Bryan Grassley Murray kets on terms at least as good as other Bunning Gregg Nickles WTO members. The amendment would The amendment (No. 4120) was re- Burns Hagel Reid also eliminate the positive force that jected. Campbell Hatch Robb Chafee, L. Hutchison Roberts American companies can play in the Mr. ROTH. I move to reconsider the Cleland Inhofe Rockefeller Chinese market by potentially leading vote. Cochran Inouye Roth to the delay in PNTR and cutting off Mr. MOYNIHAN. I move to lay that Conrad Jeffords Santorum the benefit of China’s market access motion on the table. Craig Johnson Schumer The motion to lay on the table was Crapo Kerrey Sessions commitment for U.S. firms. agreed to. Daschle Kerry Shelby The amendment would have the per- Dodd Kyl Smith (OR) Mr. REID. Mr. President, with the Domenici Landrieu Specter verse effect of narrowing the private consent of my friend from Delaware, Dorgan Levin Stevens sector in China in which some limited the manager of this bill, I ask unani- Durbin Lincoln Thomas organizing is permitted. The point of mous consent, upon disposition of H.R. Edwards Lott Thurmond this bill is to level the playing field be- Enzi Lugar Torricelli 4444, the Senate proceed to the consid- Feinstein Mack Voinovich tween the United States and China, all eration of Calendar No. 152, H.R. 1259, Fitzgerald McCain Warner of which would be forfeited if this Frist McConnell Wyden the Social Security lockbox bill, and amendment passes and becomes law. that it be considered under the fol- NOT VOTING—4 I yield the remainder of my time. lowing time limitation: 2 hours for de- Akaka Kennedy Mr. WELLSTONE. Mr. President, I bate on the bill equally divided be- Gorton Lieberman ask for the yeas and nays. tween the managers; that Senator The amendment (No. 4138) was re- The PRESIDING OFFICER. Is there a CONRAD have a Social Security-Medi- jected. sufficient second? care lockbox amendment; that Senator Mr. MOYNIHAN. Mr. President, I GRAHAM of Florida have a Medicare There is a sufficient second. move to reconsider the vote. prescription drug amendment; that Mr. ROTH. I move to lay that motion The question is on agreeing to the other relevant first-degree amend- on the table. amendment No. 4120. ments be in order; and that relevant The motion to lay on the table was The clerk will call the roll. second-degree amendments be in order. agreed to. The legislative clerk called the roll. Mr. CRAIG. I object. The PRESIDING OFFICER. An objec- The PRESIDING OFFICER. There Mr. NICKLES. I announce that the tion is heard. are 2 minutes equally divided on the Senator from Washington (Mr. GORTON) The distinguished Senator from Dela- Wellstone amendment. is necessarily absent. The Senator from Minnesota is rec- ware is recognized. Mr. REID. I announce that the Sen- ognized. Mr. ROTH. Mr. President, I ask con- ator from Hawaii (Mr. AKAKA), the Sen- Mr. WELLSTONE. Mr. President, sent that time on all remaining first- ator from Massachusetts (Mr. KEN- may we have order in the Chamber be- degree amendments be limited to no NEDY), and the Senator from Con- fore I start? more than 1 hour, to be equally divided necticut (Mr. LIEBERMAN) are nec- The PRESIDING OFFICER (Mr. ROB- in the usual form, and that no second- essarily absent. ERTS). The Chamber will come to order. degree amendments be in order prior to The PRESIDING OFFICER. Are there the vote, and limited to the ones de- f any other Senators in the Chamber de- scribed below. I further ask consent AMENDMENT NO. 4120 siring to vote?–– that following these amendments in Mr. WELLSTONE. Mr. President, I The result was announced—yeas 22, the allotted time specified below, the have cited both the State Department nays 74, as follows: bill be advanced to third reading and Report on Human Rights and the Inter- passage occur, all without any inter- [Rollcall Vote No. 246 Leg.] national Labor Organization report vening action or debate. I also ask that this past year of courageous men and YEAS—22 no motions to commit or recommit be women who have done nothing more Ashcroft Harkin Sarbanes in order. than protest deplorable working condi- Bayh Helms Smith (NH) Those remaining first-degree amend- tions and try to organize and bargain Boxer Hollings Snowe ments are as follows: Feingold, regard- collectively and are now in prison. Byrd Hutchinson Specter Collins Inhofe Torricelli ing a commission; Hollings No. 4134; This amendment simply says that Dorgan Leahy Wellstone Hollings No. 4135; Hollings No. 4136; PNTR depends upon an accounting Feingold Mikulski Hollings No. 4137; B. Smith No. 4129, di- Gregg Reed from the Chinese Government about visions I through V. these people who are in prison and NAYS—74 I further ask consent that there be 6 helps Congress in releasing these peo- Abraham Enzi McCain hours equally divided between the two ple from prison. I say to my colleagues, Allard Feinstein McConnell leaders for general debate on the bill, I believe during this debate we have Baucus Fitzgerald Miller with the following Members recognized put human rights concerns aside; we Bennett Frist Moynihan Biden Graham just prior to final vote on H.R. 4444, in have put the rights of people who prac- Murkowski Bingaman Gramm Murray the order stated: 60 minutes under the tice religion aside. These questions Bond Grams Nickles control of Senator BYRD, 30 minutes Breaux Grassley dealing with human rights, whether Reid under the control of Senator HELMS, 30 Brownback Hagel people are free to practice their reli- Robb minutes under the control of Senator Bryan Hatch Roberts gion, or whether people are free to pro- Bunning Hutchison Rockefeller MOYNIHAN, 30 minutes under the con- Burns Inouye test deplorable working conditions, are Roth trol of Senator ROTH, 30 minutes under Campbell Jeffords important concerns. Thank you for giv- Santorum Chafee, L. Johnson the control of Senator DASCHLE, 30 ing me the opportunity to speak out on Cleland Kerrey Schumer minutes under the control of Senator these. I hope I will get a good vote. Cochran Kerry Sessions Shelby LOTT. The PRESIDING OFFICER. The Sen- Conrad Kohl The PRESIDING OFFICER. Without Craig Kyl Smith (OR) ator’s time has expired. The Senator Crapo Landrieu Stevens objection, it is so ordered. from Delaware is recognized. Daschle Lautenberg Thomas Mr. ROTH. Mr. President, as a result Mr. ROTH. Mr. President, this DeWine Levin Thompson of this agreement, there will be no fur- amendment would unilaterally impose Dodd Lincoln Thurmond ther votes today. However, votes can Domenici Lott Voinovich conditions on the normalization of our Durbin Lugar Warner be expected throughout the day tomor- trade relations with China that would Edwards Mack Wyden row.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17927 Mr. REID. Mr. President, I certainly breakers’’ by U.S. trade interests, I be put at risk. If the United States sanctions applaud and congratulate the two man- have every reason to believe his con- or even threatens sanctions for any products, agers of this bill to arrive at a point of cerns have been addressed. agriculture is often first on the other coun- a finite number of amendments with I must also state my opposition to try’s retaliation list. Additionally, further consideration of the time limits. Senator BOB SMITH’s amendment re- China Nonproliferation bill should not delay I say to the Senate in general, how- garding the harvesting and trans- action on a vote for PNTR. The U.S. agri- ever, that just because these amend- planting of human organs. Without culture industry continues to face depressed ments were in order doesn’t mean the question, the issue of human rights and prices. Agricultural producers and food man- Senators have to offer them, and just the treatment of Chinese citizens ufacturers should not have to face burdens because all the time agreements have should be of upmost concern to every erected by their own government such as been listed doesn’t mean people have to American. I believe the human rights unilateral sanctions or failure to pass PNTR. use that time. I hope the two leaders provisions agreed to in H.R. 4444 were We urgently request your help in achieving a positive vote on PNTR without amend- work toward finding a way we can fin- established to conquer and address ment. ish this bill tomorrow evening. There is such atrocities. Thank you for your help and we look for- a tremendous amount of work still left In particular, I would have also sup- ward to working with you on these impor- to be done in the Senate. I hope to fi- ported the effort to table the amend- tant issues. nally resolve this legislation sometime ment offered by Senator THOMPSON. I Sincerely, tomorrow. have for quite some time, to the knowl- AgriBank, Mr. MOYNIHAN. Mr. President, I edge of my constituency in Washington Agricultural Retailers Association, very much support that view, and I and my colleagues here in the Senate, Alabama Farmers Federation, think our indefatigable chairman American Crop Protection Association, criticized the Clinton-Gore administra- American Farm Bureau Federation, might also agree. tion’s approach to non-proliferation American Feed Industry Association, Mr. ROTH. I assure the distinguished issues with China. However, I do not American Meat Institute, colleagues I want to move as expedi- believe that Congress, by creating an American Seed Trade Association, tiously as possible toward completion entirely new sanctions policy or by es- American Soybean Association, of this critically important legislation. tablishing an additional layer of export Animal Health Institute, Mr. MOYNIHAN. If I might say, these controls, can effectively address these Archer Daniels Midland Company, amendments get 18 votes, 22 votes; we concerns nor strengthen U.S. national Biotechnology Industry Organization, Bunge Corporation, now have a pattern. security. We must approach these The Senate made its decision about Cargill, Inc., measures with caution, we will ap- Cenex Harvest States, this legislation midday. The sooner we proach them with a new administra- Central Soya Company; Inc., are in the aftermath, the better rela- tion, and we must recognize that when Crestar USA, tions will be, and the Senate can go on we confront China about these terribly CF Industries, Inc., to other business. significant issues, we will be approach- Chocolate Manufacturers Association, Mr. FEINGOLD. Mr. President, I ing them as a trading ‘‘partner’’. If in CoBank, voted in favor of the Smith amendment the coming years China does not appro- Distilled Spirits Council of the United States, to H.R. 4444, the bill to extend perma- priately address the issues of non-pro- nent normal trade relations to the Peo- DuPont, liferation, I assure my colleagues that Farmland Industries, Inc., ple’s Republic of China. The Smith I will be the first to raise concern. Grocery Manufacturers of America, amendment would have extended the Mr. JOHNSON. Mr. President, I rise IMC Global Inc., mandate of the Congressional-Execu- today to share with my colleagues a Independent Community Bankers of tive Commission on the People’s Re- letter from numerous agricultural pro- America, public of China to include responsi- ducers and organizations opposing any International Dairy Foods Association, bility for monitoring and reporting on and all amendments to the bill to grant Land O’Lakes, Louis Dreyfus Corporation, organ harvesting in China. For years, permanent normal trade relations to chilling reports have emerged out of National Association of State Depart- the People’s Republic of China. This ments of Agriculture, China, detailing horrific scenarios in letter specifies the dangers the pending National Association of Wheat Growers, which organs are illicitly harvested for amendment relative to Chinese non- National Barley Growers Association, profit from executed prisoners. It is my proliferation requirements would pose National Cattlemen’s Beef Association, understanding that the Chinese govern- to agricultural producers. National Chicken Council, ment has failed to take action to stop I ask unanimous consent that the National Confectioners Association, National Corn Growers Association, the criminal elements responsible for letter be printed in the RECORD. these abhorrent practices. Certainly There being no objection, the letter National Council of Farmer Coopera- careful monitoring and reporting on tives, was ordered to be printed in the National Food Processors Association, this issue is appropriate. RECORD, as follows: National Grain and Feed Association, Mr. GORTON. Mr. President, today SEPTEMBER 12, 2000. National Grange, the Senate voted on several amend- Hon. TRENT LOTT, National Milk Producers Federation, ments to the bill establishing perma- Russell Senate Office Building, U.S. Senate, National Oilseed Processors Association, nent normal trade relations status for Washington, DC. National Pork Producers Council, the People’s Republic of China. Regret- DEAR SENATOR LOTT: It is critical to Amer- National Potato Council, tably, I was unable to register my ican agriculture that H.R. 4444, the China National Renderers Association, votes on these amendments. Following Permanent Normal Trade Relations (PNTR) National Sunflower Association, are my thoughts regarding a few. legislation, moves forward without amend- North American Export Grain Associa- ment. Any amendments would require an- tion, With respect to the amendment of- other vote in the House of Representatives North American Millers’ Association, fered by Senator BYRD regarding poten- and send China and our competitors the mes- Pet Food Institute, tial import surges from China, I must sage that the United States is not serious Pioneer Hi-Bred International, state my opposition. While the Senator about opening the China market to U.S. Rice Millers’ Association, from West Virginia deserves credit in products. Snack Food Association, his effort to protect the American The Thompson amendment would require Sunkist Growers, worker, the anti-dumping and surge the President to implement sanctions under The Fertilizer Institute, protection mechanisms contained in various circumstances. Unilateral sanctions United Egg Association, have the effect to giving U.S. markets to our United Egg Producers, the bilateral agreement brokered be- competitors. While there are efforts to ex- USA Poultry and Egg Export Council, tween the U.S. and China were crafted empt food, medicine and agriculture from U.S. Canola Association, to address this very issue. Recognizing the existing language, American agricultural U.S. Dairy Export Council, these two issues were considered ‘‘deal producers, regardless of exemptions, would U.S. Meat Export Federation,

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 17928 CONGRESSIONAL RECORD—SENATE September 13, 2000 U.S. Rice Producers Association, leader, a humanitarian and a person of Male, 29, Norfolk, VA; and Unidentified U.S. Rice Producers’ Group, extraordinary integrity. A generation Male, 43, Norfolk, VA. U.S. Wheat Associates, of American political leaders still de- We cannot sit back and allow such Wheat Export Trade Education Com- fine themselves as McGovern Demo- senseless gun violence to continue. The mittee, Zeeland Farm Soya. crats.’’ At Dakota Wesleyan University deaths of these people are a reminder in Mitchell, South Dakota, George to all of us that we need to enact sen- f McGovern effectively emphasized the sible gun legislation now. MORNING BUSINESS great importance of public service and f civic involvement. As President Ken- Mr. CRAIG. Mr. President, I ask MARKETING VIOLENCE TO nedy’s Director of Food for Peace he unanimous consent there be a period of CHILDREN helped launch our nation’s commit- morning business for the transaction of ment to combat world hunger. On the Mr. JOHNSON. Mr. President, the routine morning business, with Sen- floor of the United States Senate, Senate Commerce Committee held a ators permitted to speak for up to 10 McGovern was a powerful voice for hearing today on the critical issue of minutes. rural America, for our nation’s dis- the entertainment industry’s mar- The PRESIDING OFFICER. Without advantaged, as well as for an end to the keting of violent material to children. objection, it is so ordered. Viet Nam conflict. Today, as ambas- While I am not a member of the Senate f sador to the United Nations Food and Commerce Committee, I appreciated THE MARRIAGE PENALTY TAX Agricultural Organization in Rome, Chairman MCCAIN and Ranking Mem- Ambassador McGovern has continued ber HOLLINGS giving me the oppor- Mrs. HUTCHISON. Mr. President, I his work on nutrition and has articu- tunity to share my perspective as the rise today to speak on the issue of the lated a visionary plan for a world parent of three children and some in- marriage penalty. Today, the House of school lunch program. sights on the issue I have gained from Representatives voted overwhelmingly, As my colleagues are very aware, a series of youth violence meetings in 270–158, in favor of eliminating the Senator McGovern won the Democratic South Dakota. marriage penalty tax. Unfortunately, nomination for President of the United In response to the numerous school that doesn’t mean it is going to become States in l972 in what turned out to be shootings around our country, I’ve held law because the President has vetoed an unsuccessful presidential campaign. a series of roundtable discussions in the bill, and even the overwhelming Historians will long ponder what the South Dakota with parents, students, margin of 270–158 is not enough to over- course of American history might have school officials, and local law enforce- ride the President’s veto. been if that campaign had turned out ment. I heard repeatedly from parents So 21 million American couples are differently. But we don’t have to wait and students themselves that no one going to have to suffer an inequity in for the judgment of historians to know believes that explicitly violent movies, the Tax Code again this year. They are George McGovern’s life has had an in- video games, or music are the sole going to have to suffer and pay $1,400, credibly important and lasting impact causes for violence among our nation’s average, in taxes just because they de- on America and the world. George con- youth. However, South Dakota stu- cided to get married. If two people, a tinues to persevere and his commit- dents acknowledged that the entertain- policeman and a schoolteacher, get ment to a better planet continues to ment industry has a large influence on married, they get hit the hardest be- shine. their daily lives, and South Dakota cause they suffer from the marriage We in South Dakota understandably parents specifically asked for addi- penalty tax. feel a profound pride in the life and ca- tional resources they can use to help I am very proud of the House of Rep- reer of George McGovern—a son of a keep violent material out of their chil- resentatives for trying to override the South Dakota minister, a military dren’s hands. President’s veto. I am proud that they hero, a national political leader, and a My wife, Barbara, and I recently ac- spoke overwhelmingly, even though it diplomat of the highest order. I extend companied our youngest child to her was 20 votes shy of the two-thirds ma- my enthusiastic congratulations to first day at college. Seeing our daugh- jority that was necessary. But we need Senator McGovern and wish he and his ter settle into her new home in the to fix the marriage penalty tax. We family the very best as he continues freshman dormitory brought feelings of need a President who will sign mar- his critically important work in Rome. sadness at the inevitable passage of riage penalty relief, and we need a f time. Barbara and I also were relieved, President who will work with us to in a sense, by the fact that our daugh- have real tax relief for the citizens of VICTIMS OF GUN VIOLENCE ter’s first day of college also marked our country who are working so hard Mr. SCHUMER. Mr. President, it has the successful completion of her child- to make this economy great. been more than a year since the Col- hood. I can sympathize with the par- Mr. President, I yield the floor. umbine tragedy, but still this Repub- ents of children just entering their f lican Congress refuses to act on sen- teen years who are concerned that it sible gun legislation. will be increasingly difficult to keep THE AWARDING OF THE PRESI- Since Columbine, thousands of Amer- objectionable material from their sons DENTIAL MEDAL OF FREEDOM icans have been killed by gunfire. Until and daughters as they grow up. TO SENATOR GEORGE MCGOVERN we act, Democrats in the Senate will That is why I am troubled by the re- Mr. JOHNSON. Mr. President, I rise read the names of some of those who sults of the Federal Trade Commis- today with great pride and satisfaction have lost their lives to gun violence in sion’s (FTC) Report on the Marketing to address an occasion of great signifi- the past year, and we will continue to of Violent Entertainment to Children. cance that occurred during the Sen- do so every day that the Senate is in As you know, the President asked the ate’s August recess. On August 9, Presi- session. FTC to investigate two simple ques- dent Clinton awarded the highly pres- In the name of those who died, we tions: Do the movie, music recording, tigious Medal of Freedom to former will continue this fight. Following are and computer game industries market United States Senator George McGov- the names of some of the people who to young people products that contain ern. This medal is the very highest were killed by gunfire one year ago violent content in a way that under- award presented to civilians by the today. September 13, 1999: Jonathan mines the ratings they themselves United States Government, and is an Holmes, 32, Detroit, MI; Edward apply to their products? If so, is that honor that is richly deserved. Luckenbill, 51, Louisville, KY; Adrian target marketing intentional? Accord- Throughout his long and remarkable Offutt, 19, Louisville, KY; Finnis ing to the recently-released FTC re- career, George McGovern has distin- Parron, 31, Houston, TX; Sherlyn Rob- port, the answer to both questions ap- guished himself as a scholar, a political inson, 37, Houston, TX; Unidentified pears to be yes.’’

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.001 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17929 The FTC report found that 80 percent Five years ago, September 12, 1995, TRIBUTE TO ROBERT CRESANTI of movies rated R’’ for violence were the Federal debt stood at ∑ Mr. BENNETT. Mr. President, I rise targeted to children under 17. A movie $4,964,466,000,000, four trillion, nine today to pay tribute to one of my em- industry document even acknowledged hundred sixty-four billion, four hun- ployees, Robert Cresanti, Robert has that [o]ur goal was to find the elusive dred sixty-six million. worked as my staff director on the Spe- teen target audience and make sure ev- Ten years ago, September 12, 1990, cial Committee which addressed the eryone between the ages of 12–18 was the Federal debt stood at Y2K problem which I chaired and has exposed to the film.’’ Another docu- $3,232,127,000,000, three trillion, two also served as a subcommittee staff di- ment spoke of using youth groups such hundred thirty-two billion, one hun- rector and counsel on the Banking as Boy Scouts, Girl Scouts, and 4–H dred twenty-seven million. Committee where I sit. Robert is a Fifteen years ago, September 12, 1985, Clubs in the market testing of R- wonderful example of an outstanding the Federal debt stood at rated’’ films. man who has given much of his time $1,823,101,000,000, one trillion, eight Teenagers apparently have also been and talents to the U.S. Senate and the the target of the music industry’s ef- hundred twenty-three billion, one hun- dred one million. American people. He has developed ex- forts to sell CDs with explicit content cellent skills in the legislative process labels. According to the FTC report, all Twenty-five years ago, September 12, 1975, the Federal debt stood at and in the ways of Washington. I know music recordings used in the study he will be successful in his future en- were in some way targeted toward chil- $549,340,000,000, five hundred forty-nine billion, three hundred forty million, deavors. As he leaves the Senate to go dren under 17. This practice included into the private sector I express my the placing advertising in media spe- which reflects a debt increase of more than $5 trillion—$5,134,778,446,519.63, great appreciation to him for his 8 cifically aimed at a youth audience. Fi- years of loyal service and wish him the nally, the FTC report noted that 70 five trillion, one hundred thirty-four billion, seven hundred seventy-eight very best as he starts his new profes- percent of all video games with ‘‘Ma- million, four hundred forty-six thou- sional opportunity.∑ ture’’ ratings for violence were tar- sand, five hundred nineteen dollars and f geted toward youth. sixty-three cents, during the past 25 It is important to note that the FTC TRIBUTE TO BENJAMIN HILL III years. report also conducted studies on chil- OF FLORIDA dren’s ability to access these products. f ∑ Mr. GRAHAM. Today I offer a tribute The FTC found that most retailers ADDITIONAL STATEMENTS to a great Floridian who has advanced make little effort to restrict children’s the cause of quality judicial appoint- access to products with violent con- ments to an independent Federal judi- tent. Almost half of the movie theaters IN RECOGNITION OF MS. EMILY E. ciary: Mr. Benjamin Hill III of Tampa. used in the study admitted children ROME For four years, Mr. Hill has served as ages 13 to 16 to R-rated’’ films even ∑ Mr. TORRICELLI. Mr. President, I chairman of Florida’s non-partisan when not accompanied by an adult. hereby recognize Ms. Emily E. Rome of Federal Judicial Nominating Commis- The FTC study also showed that unac- the Paterson School District as the sion, which screens candidates for fed- companied children were able to buy 2000–2001 Passaic County Teacher of the eral judgeships. Mr. Hill has done an explicit recordings and Mature-rated’’ Year. For the past 50 years, Ms. Rome outstanding job of leading the Commis- video games 85 percent of the time. has served as a physical education sion and saluting the principle that The FTC’s findings are staggering, teacher and has received numerous those appointed to the federal judici- and I am eager to hear the entertain- awards and accolades during her ten- ary should be among the best in the ment industry’s response to the report. ure. Her accomplishments have been legal profession. Clearly, the entertainment industry recognized by the U.S. Congress and This year the United States Senate and its retail partners must refocus the Governor of New Jersey and cele- has confirmed six new federal judges their efforts and work with the FTC brated through awards from the New for Florida; five in the Middle District and concerned members of Congress Jersey Education Association and the and one in the Southern District. The like myself to keep violent material National Education Association. investiture ceremony for two of those out of the hands of children. However, the effectiveness of her new judges, the Honorable James It is my hope that the entertainment service reaches far beyond the view of Moody and the Honorable James David industry will take this opportunity to the public eye. In the classroom, Ms. Whittemore, will be held September 18, help restore the faith of the American Rome has dedicated herself to creating 2000, in Tampa, Florida, followed by public in its voluntary ratings system. a supportive and productive environ- other investitures elsewhere in our Parents in South Dakota and around ment for the youth of Passaic County. state. The federal judiciary, the legal the country must also have resources She has helped to shape the mind and profession and the public welcome they can trust to help them prevent spirit of these individuals during a cru- these new federal judges. youth violence in their own commu- cial stage of development in their lives. As we applaud new jurists, we also nities. Further, as a member of the commu- recognize the tireless work of Mr. Hill I look forward to working with my nity, Ms. Rome has demonstrated a in managing a judicial-selection proc- Senate colleagues and members of the high level of service and commitment ess focused on meritorious appoint- industry on ways to keep violent mate- that we should all strive to achieve. ments. A leader in his community, his rial out of the hands of children with- Ms. Rome’s accomplishments and ac- church and his profession, Mr. Hill is a out infringing on fundamental First colades reflect only a small portion of past president of the Florida Bar and a Amendment rights. the many contributions she has made current member of the Board of Gov- f to those she has served. Her efforts ernors Executive Committee of the have spanned from the children of Pas- American Bar Association. THE VERY BAD DEBT BOXSCORE saic County to a variety of young indi- The United States Constitution Mr. HELMS. Mr. President, at the viduals who aspire to follow in her specifies that one of the functions of close of business yesterday, Tuesday, footsteps as an educator and commu- the United States Senate is to offer September 12, 2000, the Federal debt nity leader. She is an example of the ‘‘advice and consent’’ on the executive stood at $5,684,118,446,519.63, five tril- professionalism that we look for in our branch’s nominations, which includes lion, six hundred eighty-four billion, educators, and the type of citizen that the nomination of federal judges for one hundred eighteen million, four we hope to find in our communities. our independent judiciary. hundred forty-six thousand, five hun- Her commitment to the community, Perhaps the most visible aspect of dred nineteen dollars and sixty-three and her dedication to her students is to the advise-and-consent clause is the cents. be commended.∑ Senate’s power to confirm nominations

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17930 CONGRESSIONAL RECORD—SENATE September 13, 2000 or reject them, thus denying consent. ern water issues. He served on the the imperative of leaving a living plan- There are myriad ways to offer advice Western States Water Council and et to future generations. to the executive branch; here’s a brief chaired the Water Policy Committee of As the involved and inspiring chair- description of our process in Florida. the Council of State Governments- man of World Wildlife Fund, Mr. Sant Florida’s Federal Judicial Nomi- West. has encouraged the organization to nating Commission, a diverse non-po- In 1973, he was selected by his col- think big, working to achieve con- litical panel comprised of attorneys leagues to serve a Speaker Pro Tem- servation results at a new ecoregional, and lay persons, receives and reviews pore and the following session, in 1975, landscape scale. He has applied his applications from prospective federal as Majority Leader. business acumen as well as a range of judges. The Commission forwards top During his long and distinguished skills and approaches honed through candidates to my attention. This tenure, the State of Nevada has under- his work in government, academia, and screening process evolved so that Sen- gone dramatic changes. The state’s the nonprofit world to make a compel- ator CONNIE MACK and I jointly inter- population has increased by more than ling case for conservation to decision viewed leading applicants and made five fold. Nevada has become more makers around the world, from heads joint recommendations to the White urban and most of the state’s popu- of state to government leaders in the House. lation growth has been in Southern Ne- United States. Encouraging partner- During the period that Mr. Hill has vada which now accounts for two- ships, he has supported significant and served as chairman of this Commission, thirds of the state’s population. innovative cooperative arrangements the United States Senate has con- Not only is Joe Dini the longest serv- between conservation organizations, firmed the nominations of the fol- ing member of the Assembly, but he governments and private entre- lowing Floridians to serve as United has also been elected by his peers as preneurs, and among governments, all States District Court judges: the Speaker of the Nevada State As- with the goal of advancing conserva- MIDDLE DISTRICT sembly an unprecedented eight times. tion priorities at a scale that can The Honorable John Antoon II Another record unparalleled in our achieve lasting results. His personal The Honorable Richard Lazzara state’s history. support of conservation initiatives has The Honorable James Moody This extraordinary accomplishment made a world of difference. The Honorable Gregory Presnell is even more remarkable when one con- As Roger Sant steps down on Sep- The Honorable John Steele siders that rural Nevada, Joe Dini’s po- tember 19 after six years as WWF The Honorable James David Whittemore litical base, today represents just 15 Chairman, he continues his personal NORTHERN DISTRICT percent of the state’s over all popu- commitment to conserving the world’s The Honorable Stephan Mickle lation. He is a Nevada treasure, the endangered species and spaces. Based SOUTHERN DISTRICT likes of which we will surely not see on his track record, we all can give The Honorable William P. Dimitrouleas again. thanks for his substantial conservation The Honorable Alan Gold Now in the twilight of his career of achievements as well as for all we The Honorable Paul C. Huck public service, he is being showered know he will achieve for conservation The Honorable Adalberto Jordan with the honors and recognition he so ∑ The Honorable Donald Middlebrooks in the coming years. richly deserves. The Honorable Patricia A. Seitz f As with so many of us who have pur- By any measure, this is an impres- sued a life of public service, Joe’s fam- sive list. We express our appreciation MESSAGES FROM THE PRESIDENT ily, his wife and his children have sac- to the Senate Judiciary Committee and Messages from the President of the rificed much to make his service pos- its chairman, Senator ORRIN HATCH, for United States were communicated to sible. Nevadans owe a debt of gratitude prompt and thorough review of nomi- the Senate by Ms. Evans, one of his to Joe Dini’s family as well. nees from Florida. secretaries. I am pleased to join with Joe’s many As we approach the end of the 106th EXECUTIVE MESSAGES REFERRED Congress, we salute the citizen involve- friends in paying my respect, to my friend—the much loved and respected, As in executive session the Presiding ment of the dedicated men and women Officer laid before the Senate messages who serve on Florida’s Federal Judicial and Pizen Switch’s number one citizen, Joe Dini.∑ from the President of the United Nominating Commission. Its members States submitting sundry nominations and its chairman, Mr. Benjamin Hill f and a treaty which were referred to the III, personify public service.∑ TRIBUTE TO ROGER SANT appropriate committees. f ∑ Mrs. FEINSTEIN. Mr. President, it is (The nominations received today are TRIBUTE TO JOE DINI my privilege to recognize the truly printed at the end of the Senate pro- ceedings.) ∑ Mr. BRYAN. Mr President, the world-changing efforts of Roger Sant, a Speaker of the House of the Nevada distinguished and successful business- f man who, in his six years as Chairman State Assembly is one of Nevada’s MESSAGE FROM THE HOUSE treasures and he happens to be a very of World Wildlife Fund, has brought close personal friend of mine. profound changes to the way conserva- At 3:21 p.m., a message from the I have been privileged to know Joe tion is accomplished here in the United House of Representatives, delivered by Dini since I first served with him in the States and, indeed, around the world. Ms. Niland, one of its reading clerks, state assembly during the 1969 legisla- Having taught corporate finance at announced that the House having pro- tive session and I continue to value his Stanford University’s Graduate School ceeded to reconsider the bill (H.R. 4810) friendship. of Business early in his career, Mr. to provide for reconciliation pursuant Joe Dini was born and raised in the Sant moved east to lead the Ford Ad- to section 103(a)(1) of the concurrent small town of Yerington, NV, he at- ministration’s energy conservation ef- resolution on the budget for fiscal year tended the University of Nevada and forts as head of the energy conserva- 2001, returned by the President of the returned to the community of his birth tion program at the Federal Energy United States with his objections, to to work along side his father in the Administration. In 1981, he founded the House of Representatives, in which family business. AES Corporation, a publicly held glob- it originated, that the said bill do not In 1966 he was elected to the Nevada al power company characterized by its pass, two-thirds of the House of Rep- State Assembly, the first of his 17 innovative approaches to energy pro- resentatives not agreeing to pass the terms; a record unrivaled since our duction. Throughout his career, culmi- same. state entered the union in 1864. nating in his chairmanship of WWF, The message also announced that the As a legislator, he has become the Mr. Sant has been committed to con- House has passed the following bill, legislature’s leading authority on west- servation in all its aspects, inspired by without amendment:

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17931 S. 1374. An act to authorize the develop- garding the availability of certain adminis- ment of sewage emanating from the Tijuana ment and maintenance of a multiagency trative funds to establish school safety hot- River in order to substantially reduce river campus project in the town of Jackson, Wyo- lines. and ocean pollution in the San Diego border ming. H.J. Res. 102. Joint resolution recognizing region; to the Committee on Environment The message further announced that that the Birmingham Pledge has made a sig- and Public Works. the House has passed the following bill, nificant contribution in fostering racial har- H.R. 3657. An act to provide for the convey- mony and reconciliation in the United ance of a small parcel of public domain land with an amendment: States and around the world, and for other in the San Bernardino National Forest in the S. 624. An act to authorize construction of purposes. State of California, and for other purposes; the Fort Peck Reservation Rural Water Sys- The message further announced that to the Committee on Energy and Natural Re- tem in the State of Montana, and for other sources. purposes. the House has agreed to the following concurrent resolutions, in which it re- H.R. 4104. An act to amend the Federal Water Pollution Control Act to authorize The message also announced that the quests the concurrence of the Senate: House has passed the following bills funding to carry out certain water quality H. Con. Res. 368. Concurrent resolution es- and environmental restoration projects for and joint resolution, in which it re- tablishing a special task force to recommend quests the concurrence of the Senate: the Mississippi Sound, Mississippi, and for an appropriate recognition for the slave la- other purposes; to the Committee on Envi- H.R. 755. An act to establish the Guam War borers who worked on the construction of ronment and Public Works. Claims Review Commission. the United States Capitol. H.R. 4318. An act to establish the Red River H.R. 1460. An act to amend the Ysleta del H. Con. Res. 394. Concurrent resolution di- National Wildlife Refuge; to the Committee Sur Pueblo and Alabama and Coushatta In- recting the Secretary of the Senate to make on Environment and Public Works. dian Tribes of Texas Restoration Act to de- technical corrections in the enrollment of S. H.R. 4583. An act to extend the authoriza- crease the requisite blood quantum required 1374. tion for the Air Force Memorial Foundation for membership in the Ysleta del Sur Pueblo ENROLLED BILLS SIGNED to establish a memorial in the District of Co- Tribe. At 7:49 p.m., a message from the lumbia or its environs; to the Committee on H.R. 1775. An act to catalyze restoration of Energy and Natural Resources. estuary habitat through more efficient fi- House of Representatives, delivered by Ms. Niland, one of its reading clerks, H.R. 4840. An act to reauthorize the Atlan- nancing of projects and enhanced coordina- tic Coastal Fisheries Cooperative Manage- tion of Federal and non-Federal restoration announced that the Speaker has signed the following enrolled bills: ment Act; to the Committee on Commerce, programs, and for other purposes. Science, and Transportation. H.R. 2090. An act to direct the Secretary of S. 1027. An act to reauthorize the partici- H.R. 5123. An act to require the Secretary Commerce to contract with the National pation of the Bureau of Reclamation in the of Education to provide notification to Academy of Sciences to establish the Coordi- Deschutes Resources Conservancy, and for States and State educational agencies re- nated Oceanographic Program Advisory other purposes. garding the availability of certain adminis- Panel to report to the Congress on the feasi- S. 1117. An act to establish the Corinth trative funds to establish school safety hot- bility and social value of a coordinated Unit of Shiloh National Military Park, in lines; to the Committee on Health, Edu- oceanography program. the vicinity of the city of Corinth, Mis- cation, Labor, and Pensions. H.R. 2296. An act to amend the Revised Or- sissippi, and in the State of Tennessee, and H.J. Res. 102. Joint resolution recognizing ganic Act of the Virgin Islands to provide for other purposes. that the Birmingham Pledge has made a sig- that the number of members on the legisla- S. 1937. An act to amend the Pacific North- nificant contribution in fostering racial har- ture of the Virgin Islands and the number of west Electric Power Planning and Conserva- mony and reconciliation in the United such members constituting a quorum shall tion Act to provide for sales of electricity by States and around the world, and for other be determined by the laws of the Virgin Is- the Bonneville Power Administration to purposes; to the Committee on the Judici- lands, and for other purposes. joint operating entities. H.R. 3222. An act to amend the Elementary ary. f and Secondary Education Act of 1965 to im- The following concurrent resolution prove literacy through family literacy MEASURES REFERRED was read, and referred as indicated: projects and to reauthorize the inexpensive The following bills and joint resolu- H. Con. Res. 368. Concurrent resolution es- book distribution program. tion were read the first and the second tablishing a special task force to recommend H.R. 3378. An act to authorize certain ac- an appropriate recognition for the slave la- tions to address the comprehensive treat- times by unanimous consent, and re- ferred as indicated: borers who worked on the construction of ment of sewage emanating from the Tijuana the United States Capitol; to the Committee River in order to substantially reduce river H.R. 755. An act to establish the Guam War on Rules and Administration. and ocean pollution in the San Diego border Claims Review Commission; to the Com- region. mittee on Energy and Natural Resources. f H.R. 3632. An act to revise the boundaries H.R. 1460. An act to amend the Ysleta del of the Golden Gate National Recreation Sur Pueblo and Alabama and Coushatta In- MEASURES PLACED ON THE Area, and for other purposes. dian Tribes of Texas Restoration Act to de- CALENDAR H.R. 3657. An act to provide for the convey- crease the requisite blood quantum required The following bill was read the first ance of a small parcel of public domain land for membership in the Ysleta del Sur Pueblo and second times by unanimous con- in the San Bernardino National Forest in the tribe; to the Committee on Indian Affairs. sent, and placed on the calendar: State of California, and for other purposes. H.R. 1775. An act to catalyze restoration of H.R. 4104. An act to amend the Federal estuary habitat through more efficient fi- H.R. 3632. An act to revise the boundaries Water Pollution Control Act to authorize nancing of projects and enhanced coordina- of the Golden Gate National Recreation funding to carry out certain water quality tion of Federal and non-Federal restoration Area, and for other purposes. and environmental restoration projects for programs, and for other purposes; to the f the Mississippi Sound, Mississippi, and for Committee on Environment and Public other purposes. Works. MEASURES READ THE FIRST TIME H.R. 2296. An act to amend the Revised Or- H.R. 4318. An act to establish the Red River The following bill was read the first National Wildlife Refuge. ganic Act of the Virgin Islands to provide H.R. 4583. An act to extend the authoriza- that the number of members on the legisla- time: tion for the Air Force Memorial Foundation ture of the Virgin Islands and the number of H.R. 2090. An act to direct the Secretary of to establish a memorial in the District of Co- such members constituting a quorum shall Commerce to contract with the National lumbia or its environs. be determined by the laws of the Virgin Is- Academy of Sciences to establish the Coordi- H.R. 4840. An act to reauthorize the Atlan- lands, and for other purposes; to the Com- nated Oceanographic Program Advisory tic Coastal Fisheries Cooperative Manage- mittee on Energy and Natural Resources. Panel to report to the Congress on the feasi- ment Act. H.R. 3222. An act to amend the Elementary bility and social value of a coordinated H.R. 4957. An act to amend the Omnibus and Secondary Education Act of 1965 to im- oceanography program. Parks and Public Lands Management Act of prove literacy through family literacy f 1996 to extend the legislative authority for projects and to reauthorize the inexpensive the Black Patriots Foundation to establish a book distribution program; to the Com- EXECUTIVE AND OTHER commemorative work. mittee on Health, Education, Labor, and COMMUNICATIONS H.R. 5123. An act to require the Secretary Pensions. of Education to provide notification to H.R. 3378. An act to authorize certain ac- The following communications were States and State educational agencies re- tions to address the comprehensive treat- laid before the Senate, together with

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17932 CONGRESSIONAL RECORD—SENATE September 13, 2000 accompanying papers, reports, and doc- tion, Department of Transportation, trans- EC–10719. A communication from the Pro- uments, which were referred as indi- mitting, pursuant to law , the report of a gram Assistant of the Federal Aviation Com- cated: rule entitled ‘‘Airworthiness Directives: mission, Department of Transportation, British Aerospace Model BAe 146 and Model transmitting, pursuant to law, the report of EC–10703. A communication from the Di- Avro 146-RJ; docket no. 99-NM-35 [8-29/9-7]’’ a rule entitled ‘‘Airspace Actions; Amends rector of the Office of Regulations Manage- (RIN2120-AA64) (2000-0439) received on Sep- Class D Airspace, Cocoa Patrick AFB, FL, ment, Office of Resolution Management, De- tember 11, 2000; to the Committee on Com- and Class E5 Airspace, Melbourne, FL Dock- partment of Veterans Affairs, transmitting, merce, Science, and Transportation. et No. 00-ASO-22 [11-30-9-11-00]’’ (2120-AA66) pursuant to law, the report of a rule entitled EC–10712. A communication from the Pro- (2000-0220) received on September 11, 2000; to ‘‘Nondiscrimination on the Basis of Sex in gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Education Programs or Activities Receiving tion, Department of Transportation, trans- Transportation. Federal Financial Assistance’’ (RIN2900- mitting, pursuant to law , the report of a EC–10720. A communication from the Pro- AJ11) received on September 8, 2000; to the rule entitled ‘‘Airworthiness Directives: Boe- gram Analyst of the Federal Aviation Com- Committee on Veterans’ Affairs. ing Model 747 and 767 Series Airplanes mission, Department of Transportation, EC–10704. A communication from the Di- Equipped with GE CF6-80C2 Series Engines; transmitting, pursuant to law, the report of rector of the Office of Regulations Manage- docket no. 2000-NM-24 [8-31/9-7]’’ (RIN2120- a rule entitled ‘‘Interpretive rule; Court of ment, Board of Veterans’ Appeals, Depart- AA64) (2000-0440) received on September 11, Competent Jurisdiction; [8-20/9-7]’’ (2120- ment of Veterans’ Affairs, transmitting, pur- 2000; to the Committee on Commerce, ZZ28) received on September 11, 2000; to the suant to law, the report of a rule entitled Science, and Transportation. Committee on Commerce, Science, and ‘‘Appeal Regulations: Title for Members of EC–10713. A communication from the Pro- Transportation. the Board of Veterans’ Appeals’’ (RIN2900- gram Analyst, Federal Aviation Administra- EC–10721. A communication from the Pro- AK14) received on September 11, 2000; to the tion, Department of Transportation, trans- gram Analyst of the Federal Aviation Com- Committee on Veterans’ Affairs. mitting, pursuant to law , the report of a mission, Department of Transportation, EC–10705. A communication from the Pro- rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- British Aerospace HP137 Mkl, Jetstream Se- a rule entitled ‘‘Final Rule public Meeting; tion, Department of Transportation, trans- ries 200, 3101, and 3201 Airplanes; docket no. Changed Product Rule Meeting [8-2/9-7]’’ mitting, pursuant to law , the report of a 98-CE-117 [8-21/9-7]’’ (RIN2120-AA64) (2000-0441) rule entitled ‘‘Standard Instrument Ap- (2120-ZZ29) received on September 11, 2000; to received on September 11, 2000; to the Com- proach Procedures; Miscellaneous Amend- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- ments (12); amdt. No. 2008; [8/24-9/7]’’ Transportation. tation. EC–10722. A communication from the Pro- (RIN2120-AA65) (2000-0043) received on Sep- EC–10714. A communication from the Pro- gram Analyst of the Federal Aviation Com- tember 11, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- mission, Department of Transportation, merce, Science, and Transportation. tion, Department of Transportation, trans- EC–10706. A communication from the Pro- transmitting, pursuant to law, the report of mitting, pursuant to law , the report of a gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Amendment of Class D Air- rule entitled ‘‘Airworthiness Directives: tion, Department of Transportation, trans- space; Cocoa Beach, FL; docket no. 00-ASO- mitting, pursuant to law , the report of a Eurocopter Franc Model EC120B Helicopters; 31 [8-24/9-7]’’ (2120-AA66) (2000-0210) received rule entitled ‘‘Standard Instrument Ap- docket no. 2000-SW-33 [8-28/9-7]’’ (RIN2120- on September 11, 2000; to the Committee on proach Procedures; Miscellaneous Amend- AA64) (2000-0445) received on September 11, Commerce, Science, and Transportation. ments (60); amdt. No. 2006; [8/24-9/7]’’ 2000; to the Committee on Commerce, EC–10723. A communication from the Pro- (RIN2120-AA65) (2000-0044) received on Sep- Science, and Transportation. gram Analyst of the Federal Aviation Com- EC–10715. A communication from the Pro- tember 11, 2000; to the Committee on Com- mission, Department of Transportation, gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. transmitting, pursuant to law, the report of EC–10707. A communication from the Pro- tion, Department of Transportation, trans- a rule entitled ‘‘Amendment of Class D Air- gram Analyst, Federal Aviation Administra- mitting, pursuant to law , the report of a space; Simmons Army Airfield, NC, and tion, Department of Transportation, trans- rule entitled ‘‘Airworthiness Directives: Class E4; Airspace, Key West FL; docket no. mitting, pursuant to law , the report of a Eurocopter Deutschland GMBH Model Bo 00-ASO-30 [8-24/9-7]’’ (2120-AA66) (2000-0211) re- rule entitled ‘‘Standard Instrument Ap- 105A, 105C, 105 C-2, 105, CB2, BO105, CB4 BO ceived on September 11, 2000; to the Com- proach Procedures; Miscellaneous Amend- 105S , BO 105 CS-2, BO105 CBS-2, CBS-4 and mittee on Commerce, Science, and Transpor- ments (50); amdt. No. 2005; [8/10-9/7]’’ BO 105LS A1 Helicopters; docket no. 99-SW-66 tation. (RIN2120-AA65) (2000-0045) received on Sep- [8-28/9-7]’’ (RIN2120-AA64) (2000-0446) received EC–10724. A communication from the Pro- tember 11, 2000; to the Committee on Com- on September 11, 2000; to the Committee on gram Analyst of the Federal Aviation Com- merce, Science, and Transportation. Commerce, Science, and Transportation. mission, Department of Transportation, EC–10708. A communication from the Pro- EC–10716. A communication from the Pro- transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Removal of Class E Airspace; tion, Department of Transportation, trans- tion, Department of Transportation, trans- Melbourne, FL and Cocoa Patrick AFB, FL; mitting, pursuant to law , the report of a mitting, pursuant to law , the report of a docket no. 00-ASO-27 [8-21/9-7]’’ (2120-AA66) rule entitled ‘‘Standard Instrument Ap- rule entitled ‘‘Airworthiness Directives: Boe- (2000-0212) received on September 11, 2000; to proach Procedures; Miscellaneous Amend- ing Model 737-200 and 300 Series Airplanes the Committee on Commerce, Science, and ments (61); amdt. No. 2003; [8/10-9/7]’’ Equipped with a Main Deck Cargo Door In- Transportation. (RIN2120-AA65) (2000-0046) received on Sep- stalled in Accordance with Supplemental EC–10725. A communication from the Pro- tember 11, 2000; to the Committee on Com- type Certificate SA2969SO; docket no. 2000- gram Analyst of the Federal Aviation Com- merce, Science, and Transportation. NM-277 [8-25/9-7]’’ (RIN2120-AA64) (2000-0448) mission, Department of Transportation, EC–10709. A communication from the Pro- received on September 11, 2000; to the Com- transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Modification of Class E Air- tion, Department of Transportation, trans- tation. space; Marquette.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17933 [8-29/9-7]’’ (2120-AA66) (2000-0215) received on ices, transmitting, pursuant to law, the re- Committee on Agriculture, Nutrition, and September 11, 2000; to the Committee on port of a rule entitled ‘‘Topical Antifungal Forestry. Commerce, Science, and Transportation. Drug Products for Over-the-Counter Human EC–10746. A communication from the Regu- EC–10728. A communication from the Pro- Use; Amendment of Final Monograph’’ latory Management Staff, Office of Policy, gram Analyst of the Federal Aviation Com- (RIN0910-AA01) received on September 8, Economics, and Innovation, Environmental mission, Department of Transportation, 2000; to the Committee on Health, Education, Protection Agency, transmitting, pursuant transmitting, pursuant to law, the report of Labor, and Pensions. to law, the report of two rules entitled a rule entitled ‘‘Amendment of Class E Air- EC–10738. A communication from the Di- ‘‘Actbenzolar-S-Methyl; Pesticide Toler- space; Soldiers Grove, WI; docket no. 00- rector of the Regulations Policy and Man- ance’’ (FRL #6737-6) and ‘‘Fosetyl-Al; Pes- AGL-19 [8-25/9-7]’’ (2120-AA66) (2000-0216) re- agement Staff, Food and Drug Administra- ticide Tolerance’’ (FRL #6599-4) received on ceived on September 11, 2000; to the Com- tion, Department of Health and Human Serv- August 15, 2000; to the Committee on Agri- mittee on Commerce, Science, and Transpor- ices, transmitting, pursuant to law, the re- culture, Nutrition, and Forestry. tation. port of a rule entitled ‘‘Substances Approved EC–10747. A communication from the Small EC–10729. A communication from the Pro- for Use in Preparation of Meat and Poultry Advocacy Chair, Office of Policy, Economics, gram Analyst of the Federal Aviation Com- Products’’ (RIN0910-AA58) received on Sep- and Innovation, Environmental Protection mission, Department of Transportation, tember 8, 2000; to the Committee on Health, Agency, transmitting, pursuant to law, the transmitting, pursuant to law, the report of Education, Labor, and Pensions. report of four rules entitled ‘‘Coumaphos ; a rule entitled ‘‘Modification of Class E Air- EC–10739. A communication from the Di- Pesticide Tolerances for Emergency Exemp- space; Frankfort, MI; docket no. 00-AGL-18 rector of the Regulations Policy and Man- tions’’ (FRL #6738-3), ‘‘Mancozeb; Pesticide [8-25/9-7]’’ (2120-AA66) (2000-0217) received on agement Staff, Food and Drug Administra- Tolerance Technical Correction’’ (FRL #6736- September 11, 2000; to the Committee on tion, Department of Health and Human Serv- 4), ‘‘Propiconazola; Extension of Tolerances Commerce, Science, and Transportation. ices, transmitting, pursuant to law, the re- for Emergency Exemptions’’ (FRL #6737-1), EC–10730. A communication from the Pro- port of a rule entitled ‘‘Indirect Food Addi- and ‘‘Zinc Phosphide; Pesticide Tolerances gram Analyst of the Federal Aviation Com- tives: Polymers’’ (Docket No. 98F-0484) re- for Emergency Exemptions’’ (FRL #6598-9) mission, Department of Transportation, ceived on September 8, 2000; to the Com- received on August 15, 2000; to the Com- transmitting, pursuant to law, the report of mittee on Health, Education, Labor , and mittee on Agriculture, Nutrition, and For- a rule entitled ‘‘Modification of Class E Air- Pensions. estry. space; Dickinson, ND; docket no. 00-AGL-17 EC–10740. A communication from the Di- EC–10748. A communication from the Con- [8-28/9-7]’’ (2120-AA66) (2000-0218) received on rector of the Regulations Policy and Man- gressional Review Coordinator, Animal and September 11, 2000; to the Committee on agement Staff, Food and Drug Administra- Plant Health Inspection Service, Department Commerce, Science, and Transportation. tion, Department of Health and Human Serv- of Agriculture, transmitting, pursuant to EC–10731. A communication from the ices, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Plum Pox Comptroller General, transmitting, pursuant port of a rule entitled ‘‘Biological Products Compensation’’ (Docket #00-035-1) received to law, the report entitled ‘‘Reports, Testi- Regulated Under Section 351 of the Public on September 11, 2000; to the Committee on mony, Correspondence, and Other Publica- Health Service Act; Implementation of the Agriculture, Nutrition, and Forestry. tions: July 2000″; to the Committee on Gov- Biologics License; Elimination of Establish- EC–10749. A communication from the Act- ernmental Affairs. ment License and Product License; Tech- ing Assistant Secretary for Land and Min- EC–10732. A communication from the Exec- nical Amendment’’ (Docket No. 98N-0144) re- erals Management, Department of the Inte- utive Director of the Committee For Pur- ceived on September 8, 2000; to the Com- rior, transmitting, pursuant to law, the re- chase From People Who Are Blind or Se- mittee on Health, Education, Labor, and port of a rule entitled ‘‘Interest Rate Appli- verely Disabled, transmitting, pursuant to Pensions. cable To Late Payment Or Underpayment Of law, the report of additions to the procure- EC–10741. A communication from the Di- Monies Due On Solid Minerals And Geo- ment list received on September 8, 2000; to rector of the Regulations Policy and Man- thermal Leases’’ received on September 7, the Committee on Governmental Affairs. agement Staff, Food and Drug Administra- 2000; to the Committee on Energy and Nat- EC–10733. A communication from the As- tion, Department of Health and Human Serv- ural Resources. sistant Secretary for Fish and Wildlife and ices, transmitting, pursuant to law, the re- f Parks, Department of the Interior, transmit- port of a rule entitled ‘‘Indirect Food Addi- ting, pursuant to law, the report of a rule en- tives; Adjuvants, Production Aids, and Sani- PETITIONS AND MEMORIALS titled ‘‘2000-2001 Refuge-Specific Hunting and tizers’’ (Docket No. 99F-0127) received on The following petitions and memo- Sport Fishing Regulations’’ (RIN1018-AG01) September 8, 2000; to the Committee on rials were laid before the Senate and received on September 8, 2000; to the Com- Health, Education, Labor, and Pensions. were referred or ordered to lie on the mittee on Environment and Public Works. EC–10742. A communication from the Di- table as indicated: EC–10734. A communication from the Com- rector of the Regulations Policy and Man- missioner, Bureau of Reclamation, Depart- agement Staff, Food and Drug Administra- POM–621. A petition from the Republic of ment of the Interior, transmitting, pursuant tion, Department of Health and Human Serv- the Marshall Islands relative to nuclear test- to law, a report relative to Wickiup Dam, ices, transmitting, pursuant to law, the re- ing; to the Committee on Energy and Nat- Deschutes Project, Oregon; to the Com- port of a rule entitled ‘‘Revision of Require- ural Resources. mittee on Environment and Public Works. ments Applicable to Albumin (Human), Plas- PETITION EC–10735. A communication from the Dep- ma Protein Fraction (Human), and Immune As provided by Congress in Article IX of uty Associate Administrator of the Environ- Globulin (Human)’’ (Docket No. 98N-0608) re- the nuclear test claims settlement enacted mental Protection Agency, transmitting, ceived on September 8, 2000; to the Com- in law under Title II, Section 177(c) of the pursuant to law, three rules entitled ‘‘Revi- mittee on Health, Education, Labor, and Compact of Free Association Act of 1985 sions to the California State Implementation Pensions. [P.L. 99–239], the Republic of the Marshall Is- Plan, San Diego County Air Pollution Con- EC–10743. A communication from the Di- lands respectfully submits this Changed Cir- trol District and Bay Area Air Quality Man- rector of the Regulations Policy and Man- cumstances Petition to the Congress of the agement District’’ (FRL #6850-1), ‘‘Revisions agement Staff, Food and Drug Administra- United States. The Government of the Re- to the California State Implementation tion, Department of Health and Human Serv- public of Marshall Islands hereby notifies Plan, Tehama County Air Pollution Control ices, transmitting, pursuant to law, the re- the Congress of its determination that the District’’ (FRL #6852-7), and ‘‘Revisions to port of a rule entitled ‘‘Amendment of Var- criteria have been satisfied under applicable the California State Implementation Plan, ious Device Regulations to Reflect Current U.S. federal law for further measures to pro- Tehama County Air Pollution Control Dis- American Society for Testing and Materials vide adequately for injuries to persons and trict’’ (FRL #6868-9) received on September Citations, Confirmation in Part and Tech- property in the Marshall Islands that have 11, 2000; to the Committee on Environment nical Amendment; Correction’’ (Docket No. arisen, been discovered, or adjudicated since and Public Works. 99N-4955) received on September 8, 2000; to the Compact took effect on October 21, 1986. EC–10736. A communication from the Sec- the Committee on Health, Education, Labor, Section 177 of the Compact of Free Asso- retary of Transportation, transmitting, pur- and Pensions. ciation provides that ‘‘The Government of suant to law, a report relative to the na- EC–10744. A communication from the Sec- the United States accepts the responsibility tional intelligent transportation systems retary of Defense, transmitting a notice rel- for compensation owing to citizens of the five-year program plan; to the Committee on ative to three retirements; to the Committee Marshall Islands . . . for loss or damage to Environment and Public Works. on Armed Services. property and person . . . resulting from the EC–10737. A communication from the Di- EC–10745. A communication from the Sec- nuclear testing program which the Govern- rector of the Regulations Policy and Man- retary of the Department of Agriculture, ment of the United States conducted in the agement Staff, Food and Drug Administra- transmitting, pursuant to law, a report rel- Northern Marshall Islands between June 30, tion, Department of Health and Human Serv- ative to animal welfare enforcement; to the 1946, and August 18, 1958.’’

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17934 CONGRESSIONAL RECORD—SENATE September 13, 2000 As detailed herein, injuries and damages States by the RMI if ‘‘Changed Cir- that empowers the affected downwind and resulting from the United States Nuclear cumstances’’ were discovered or developed other exposed communities to provide pri- Testing Program have arisen, been discov- after the Agreement took effect, and render mary, secondary, and tertiary healthcare for ered, or have been adjudicated in the Mar- the provisions of the Agreement manifestly their citizens in a manner compatible and shall Islands since the Compact took effect. inadequate. As more knowledge and informa- coordinated with RMI and U.S. health care These injuries and damages could not rea- tion emerges about the damages and injuries programs and policies. sonably have been discovered, or could not wrought by the testing program, the mani- Based on the inadequacy of funds for per- have been determined, prior to the effective fest inadequacy of Section 177 has become sonal injury claims, property damage claims, date of the Compact. Such injuries, damages clear. As confirmed in Attachments IV, V, and health consequences from the U.S. Nu- and adjudication render the terms of the and VI, the most immediate needs resulting clear Testing Program, the RMI Government Section 177 Agreement manifestly inad- from inadequacies of the Agreement are respectfully requests Congress to: equate to provide just and adequate com- funding to award personal injury claims 1. Authorize and appropriate $26.9 million pensation for injuries to Marshallese people through the Tribunal, funding to satisfy the so the Claims Tribunal can complete full and for damage to or loss of land resulting Tribunal awards for property damage claims, payment of the personal injury awards made from the U.S. Nuclear Testing Program. and funding to address the gross inability of as of August 15, 2000. Of this amount, ap- The terms of Section 177 represent a politi- the 177 medical program to effectively ad- proximately $21 million is needed to pay off cally determined settlement (Attachment I, dress the health consequences of the U.S. the estates of the 712 individuals known to Hills testimony) rather than either a good Nuclear Testing Program. have died. An additional $5.9 million is need- faith assessment of personal injury or prop- PAYMENT OF PERSONAL INJURY AWARDS MADE ed to make full payments of awards to indi- erty claims, a legally adjudicated determina- BY THE CLAIMS TRIBUNAL viduals who are still alive; approximately tion of actual damages, or monetary award half of that amount is needed to pay 80 or for such damages. As a political settlement, As of August 15, 2000, the Nuclear Claims more individuals who presently suffer from a Section 177 of the Compact requires that the Tribunal established pursuant to the 177 compensable condition which is likely to re- U.S. provide $150 million to the RMI to cre- Agreement had awarded $72,634,750 for per- sult in their death and the remaining half is ate a Fund that, over a 15-year period of the sonal injuries, an amount $26.9 million more owed to other living awardees (Attachment Compact, was intended to generate $270 mil- than the $45.75 million total available under IV, Decisions of the Nuclear Claims Tri- lion in proceeds for disbursement ‘‘as a Article II, Section 6(c) for payment of all bunal). means to address past, present and future awards, including property damage, over the consequences of the U.S. Nuclear Testing Compact period. To date, at least 712 of these 2. Authorize and appropriate $386 million Program, including the resolution of result- awardees (42%) have died without receiving to satisfy the Claims Tribunal award to the ant claims’’ [Preamble of the 177 Agree- their full award (Attachment IV, Decisions Enewetak people (Attachment V. Enewetak ment]. of the Nuclear Claims Tribunal). Land Claim). In lieu of an assessment of damages by the PAYMENT OF PROPERTY DAMAGE AWARDS MADE 3. Authorize and appropriate $50 million in Federal courts, the government of the Mar- BY THE CLAIMS TRIBUNAL initial capitol costs to build and supply the infrastructure necessary to provide adequate shall Islands accepted the U.S. proposal that The Claims Tribunal awarded the primary and secondary medical care to the it espouse and settle the claims of the Enewetak people compensation for damages populations exposed to radiation from the Marshallese people arising from the nuclear they suffered as a result of the U.S. nuclear U.S. Weapons Testing Program (Attachment testing program conducted by the U.S. in testing at Enewetak. The compensation in- VI, Medical Analysis). conjunction with the establishment of a cluded awards for loss of use of their land, Claims Tribunal. The U.S. expressly recog- for restoration (nuclear cleanup, soil reha- 4. Authorize and appropriate $45 million nized that its technical assessment of radio- bilitation and revegetation), and for hard- each year for 50 years for a 177 Health Care logical damage to persons and property in ship (for suffering the Enewetak people en- Program to provide a health care program the RMI was limited to a ‘‘best effort’’ at the dured while being exiled to Ujelang Atoll for for those individuals recognized by the U.S. time of the Compact (Attachment II, Sci- a 33 year period). The Tribunal fully de- Government as having been exposed to high entific Analysis), and was based on a limited ducted the compensation the Enewetak peo- levels of radiation during or after the testing disclosure of available information and in- ple received, or are to receive, under the program, including those who were down- complete scientific knowledge. As a result, Compact. The Tribunal determined that the wind for one or more test, and the awardees further adjudication of claims by an internal net amount of $386 million is required to pro- of personal injury claims from the Tribunal RMI Nuclear Claims Tribunal was agreed to vide the Enewetak people with the just com- (Attachment VI, Medical Analysis). by the United States. pensation to which they are entitled. The 5. Extend the U.S. Department of Energy In addition to creating the Tribunal, the Tribunal does not have the funds to pay the medical monitoring program for exposed U.S. agreed, in exchange for the RMI espous- $386 million award to the Enewetak people populations to any groups that can dem- ing and settling its citizens claims, to adopt (Attachment V, Enewetak Land Claim). onstrate high levels of radiation exposure to a ‘‘Changed Circumstances’’ procedure, the U.S. Congress (Attachment II, Scientific GROSS INABILITY OF THE 177 MEDICAL PROGRAM through which Congress accepted the author- Analysis, issue #6). TO EFFECTIVELY ADDRESS HEALTH CON- ity and responsibility at a later date to de- Beyond the five immediate changed cir- SEQUENCES termine the adequacy of the measures adopt- cumstances, the RMI Government will ed under the 177 Agreement to compensate One of the measures adopted under the present information to the U.S. Congress in for the injuries and damages caused by the Section 177 Agreement to compensate the the future regarding several other areas of U.S. Nuclear Testing Program. Accordingly, people and government of the Marshall Is- changed circumstances. Some of these areas in approving the Section 177 Agreement, lands was a health care program for four of include: Congress accepted the responsibility to de- the atoll populations impacted by the test- PAYMENT OF PROPERTY DAMAGE AWARDS MADE termine if further measures are required to ing program, including those who were down- BY THE CLAIMS TRIBUNAL provide just and adequate compensation in wind of one or more tests, and the awardees light of the awards that have been made by of personal injury claims from the Tribunal. In April 2000, the Claims Tribunal issued the Tribunal, as well as the injuries and The medical surveillance and health care its first award for property damage to the damages that have become known or been program established under the Section 177 people of Enewetak Atoll. The full award of discovered since the settlement was ratified. Agreement has proven to be manifestly inad- $386 million addresses the claims of the For the RMI to seek and ask for the Con- equate given the health care needs of the af- Enewetak people for loss of use of their land, gress to provide additional funding is con- fected communities. The 177 Health Care for costs of restoration, and for hardship suf- sistent with the commitment of the United Program was asked to deliver appropriate fered while in exile for a 33 year period. Addi- States to provide just and adequate com- health care services within an RMI health tionally, the Claims Tribunal is expected to pensation for the nuclear claims. Indeed, infrastructure that was not prepared or make an award for property damage to the such funding is contemplated by the Agree- equipped to deliver the necessary level of people of Bikini. Two other property damage ment and is the political process intended by health care. Funding provided under Article claims in the process of being developed in- Congress as a means to seek just and ade- II, Section 1(a) of the 177 Agreement has re- clude one by Rongelap, Alinginae, and quate compensation—if possible without fur- mained at a constant $2 million per year. As Rongerik and, one by Utrik, Taka, Tongai/ ther litigation. Under relevant federal court a result of this underfunding, the 177 Health Bokaak. These claims will be presented to decisions, it is possible that claims could be Care Program has only $14 per person per the Tribunal in the near future. The pending recommenced in U.S. courts based on failure month as compared to an average U.S. ex- cases will better define the level of com- of the agreement to provide just and ade- penditure of $230 per person per month for pensation that will ultimately be required to quate compensation (Attachment III, Legal similar services (Attachment VI, Medical fully repair damage to all islands, including Analysis). Analysis). those not currently being rehabilitated for The settlement specifically authorizes di- It is imperative that a new medical pro- resettlement, and to provide for adjudication rect access to the Congress of the United gram be implemented, with adequate funding of all other claims.

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FUNDING OF ENVIRONMENTAL REHABILITATION containing radiation and living near radio- tection, and for other purposes; to the Com- AND RESETTLEMENT active waste storage areas. mittee on Governmental Affairs. The U.S. Congress has recognized the need The inadequacies presented in this petition By Mrs. HUTCHISON: for environmental restoration to reduce ra- ‘‘could not reasonably have been identified’’ S. 3041. An original bill making appropria- dioactive contamination to acceptable levels in the 177 Agreement [Article IX] both be- tions for the government of the District of at Bikini, Enewetak, and Rongelap atolls by cause the full extent of the damages caused Columbia and other activities chargeable in establishing resettlement trust funds for by the testing program had never been as- whole or part against the revenues of said those atolls. The Enewetak trust fund for the sessed and because scientific and medical de- District for the fiscal year ending September rehabilitation and resettlement of Enjebi Is- velopments since the settlement was con- 30, 2001, and for other purposes; from the land is only $10 million while evidence summated would have rendered any prior as- Committee on Appropriations; placed on the present before the Claims Tribunal dem- sessment not just manifestly inadequate, but calendar. onstrated that over $148 million is required null and void. What might have been ac- By Mr. ASHCROFT: for environmental restoration of the atoll knowledged by the Government of the S. 3042. A bill to protect citizens against and resettlement of a portion of its popu- United States in 1983 as ‘‘damages resulting becoming victims of Internet fraud, to pro- lation, the Enjebi people. Similarly, prelimi- from the Nuclear Testing Program’’ is only a vide stiff penalties against those who target nary estimates for cleanup costs at Bikini small portion of what such injuries and dam- senior citizens, and to educate senior citi- and Rongelap atolls (approximately $205–505 ages are now known to be. zens on how to avoid being victimized by million for Bikini Atoll and $100 million for The 67 atomic and thermonuclear weapons Internet or telemarketing fraud; to the Com- just one island on Rongelap, Rongelap Is- detonated in the Marshall Islands allowed mittee on the Judiciary. land) exceed the funding levels currently the United States Government to achieve its By Mr. TORRICELLI: provided. No rehabilitation and resettlement aim of world peace through a deterrence pol- S. 3043. A bill to close loopholes in the fire- trust fund presently exists for Utrik. icy. The Marshallese people subsidized this arms laws which allow the unregulated man- nuclear de´tente with their lands, health, ufacture, assembly, shipment, or transpor- SUPPORT FOR FURTHER MEDICAL SURVEILLANCE lives, and future. ‘‘As an ally and strategic tation of firearms or firearm parts, and for AND radiological monitoring activities, in- partner, the Republic of the Marshall Islands other purposes; to the Committee on the Ju- cluding tracer chemicals and toxic mate- has paid a uniquely high price to define its diciary. rials national interest in a manner that also has By Mr. MCCAIN: Under Article II, Section 1 (a) of the 177 been compatible with vital U.S. national in- S. 3044. A bill to establish the Las Cienegas Agreement, $3 million was provided to the terests’’ (H. Con. Res. 92—Sponsored by the National Conservation Area in the State of RMI for medical surveillance and radio- Honorable Benjamin Gilman and the Honor- Arizona; to the Committee on Energy and logical monitoring activities. Those funds able Don Young). As a strategic partner and Natural Resources. were used to conduct a nationwide radio- friend of the United States, the RMI remains f logical survey, a medical examination pro- hopeful that Congress will take action to ad- gram in the outer islands, and a thyroid dress the inadequacies of the 177 Agreement. SUBMISSION OF CONCURRENT AND study on Ebeye Island. While valuable infor- The Government of the Republic of the Mar- SENATE RESOLUTIONS mation was obtained from these activities, shall Islands looks forward to working close- such as identification and treatment for ly with the Congress of the United States to The following concurrent resolutions radiogenic illnesses, the surveys indicate respond to changed circumstances in the and Senate resolutions were read, and that thyroid and other radiation related ill- Marshall Islands. referred (or acted upon), as indicated: nesses are evident in populations that are REPORTS OF COMMITTEES By Mr. LOTT (for himself and Mr. presently unmonitored, yet the funds for The following reports of committees DASCHLE): medical surveillance are exhausted. were submitted: S. Res. 356. A resolution to authorize docu- The health consequences of the U.S. Nu- mentary production by the Select Com- clear Testing Program are greater than By Mrs. HUTCHISON, from the Committee on Appropriations, without amendment: mittee on Intelligence; considered and originally suspected. Additionally, radiation agreed to. from the testing program reached every cor- S. 3041: An original bill making appropria- tions for the government of the District of By Mr. BROWNBACK (for himself and ner of the Marshall Islands. Medical surveil- Mr. WELLSTONE): lance should have been, and should be tar- Columbia and other activities chargeable in whole or part against the revenues of said S. Res. 357. A resolution welcoming Prime geted at monitoring frequencies of all real Minister Atal Bihari Vajpayee, Prime Min- and potential health consequences of the District for the fiscal year ending September 30, 2001, and for other purposes. (Rept. No. ister of India, upon his first official visit to testing program in a longitudinal fashion. It the United States, and for other purposes; is only in this manner that a complete un- 106–409). By Mr. BOND, from the Committee on Ap- considered and agreed to. derstanding of health trends and associa- propriations, with an amendment in the na- By Mr. JEFFORDS (for himself, Mr. tions of specific illness and radiation can be ture of a substitute: KENNEDY, Mr. GREGG, Mr. DODD, Mr. appreciated. An onsite national health sur- H.R. 4635: A bill making appropriations for DEWINE, Mr. HARKIN, Mr. ENZI, Ms . veillance system needs to be developed, im- the Departments of Veterans Affairs and MIKULSKI, Ms. COLLINS, Mr. BINGA- plemented, and sustained to monitor all Housing and Urban Development, and for MAN, Mr. HAGEL, Mr. WELLSTONE, health consequences of the nuclear weapons sundry independent agencies, boards, com- Mrs. MURRAY, Mr. REED, Mr. FRIST, testing program for the next fifty years. missions, corporations, and offices for the and Mr. HUTCHINSON): OCCUPATIONAL SAFETY PROGRAM fiscal year ending September 30, 2001, and for S. Con. Res. 135. A concurrent resolution Section 177 does not include an occupa- other purposes (Rept. No. 106–410). recognizing the 25th anniversary of the en- tional safety program for Marshallese and By Mr. ROTH, from the Committee on Fi- actment of the Education for All Handi- other workers involved in environmental re- nance, with an amendment in the nature of capped Children Act of 1975; to the Com- mediation or cleanup programs. As a result, a substitute and an amendment to the title: mittee on Health, Education, Labor, and Marshallese and other workers are exposed H.R. 1102: A bill to provide for pension re- Pensions. to occupational sources of radiation. Medical form, and for other purposes (Rept. No. 106– f screening of past and present radiation 411). STATEMENTS ON INTRODUCED workers is greatly needed to reduce the risk f of further illness and claims. BILLS AND JOINT RESOLUTIONS INTRODUCTION OF BILLS AND COMMUNITY EDUCATION AND DEVELOPMENT Mr. THOMPSON (for himself, Mr. JOINT RESOLUTIONS PROGRAMS KOHL, Mr. ABRAHAM, Mr. Section 177 provides no means to educate The following bills and joint resolu- TORRICELLI, Mr. VOINOVICH, Marshallese citizens in radiation related tions were introduced, read the first Mrs. LINCOLN, Mr. ROTH, Mr. fields or to build local capacity to undertake and second times by unanimous con- GREGG, Mr. HUTCHINSON, Ms. research, archive relevant information, or sent, and referred as indicated: COLLINS, Mr. DEWINE, Mr. educate the public about the consequences of By Mr. THOMPSON (for himself, Mr. LEVIN, Ms. LANDRIEU, and Mr. the U.S. Nuclear Testing Program in the KOHL, Mr. ABRAHAM, Mr. TORRICELLI, Marshall Islands. STEVENS): Mr. VOINOVICH, Mrs. LINCOLN, Mr. S. 3040. A bill to establish the Com- ROTH, Mr. GREGG, Mr. HUTCHINSON, NUCLEAR STEWARDSHIP mission for the Comprehensive Study PROGRAM Ms. COLLINS, Mr. DEWINE, Mr. LEVIN, Ms. LANDRIEU, and Mr. STEVENS): of Privacy Protection, and for other Section 177 does not provide programs for S. 3040. A bill to establish the Commission purposes; to the Committee on Govern- communities to develop strategies for safely for the Comprehensive Study of Privacy Pro- mental Affairs.

VerDate jul 14 2003 13:50 Dec 02, 2004 Jkt 039102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17936 CONGRESSIONAL RECORD—SENATE September 13, 2000 PRIVACY COMMISSION ACT there have been enormous leaps in sponsored H.R. 4049. They and their Mr. THOMPSON. Mr. President, I technology. Today, a few keystrokes staffs have worked diligently on the rise today to introduce the ‘‘Privacy on a computer hooked up to the Inter- Privacy Commission Act. They held Commission Act.’’ This legislation net can produce a quantity of informa- three days of hearings on this legisla- would establish a 17-member commis- tion that was unimaginable in 1975. tion, and the House Government Re- sion to examine the complex issue of This freedom of information can be form Committee passed the Hutch- personal privacy and to make rec- beneficial, by helping people to get inson-Moran bill by voice vote on June ommendations to Congress as we con- loans quickly or by personalizing con- 29th. I also want to thank my cospon- sider how to map out privacy protec- sumer services. But the same informa- sors, particularly Senators KOHL and tions for the future. The Commission tion in the hands of bad actors can TORRICELLI, who have worked on a pri- for the Comprehensive Study of Pri- cause harm, resulting in nightmarish vacy commission bill for some time, as vacy Protection, whose members would situations such as identity theft. It is well as Senators ABRAHAM, LINCOLN, include experts with a diversity of ex- crucial that we act soon to protect the VOINOVICH, ROTH, GREGG, HUTCHINSON, periences, would look at the spectrum American people from crimes like COLLINS, DEWINE, LEVIN and LANDRIEU. of privacy, from protecting citizens’ these, without overregulating so much It is my hope that we can all work health and financial information to en- that we stunt the growth of our boom- together to pass the Privacy Commis- suring their security on web sites. ing economy. sion Act to help us make informed and As we all know, Americans are in- The Privacy Commission is the key thoughtful decisions to protect the pri- creasingly concerned that their per- to finding the balance between pro- vacy of the American people. I urge my sonal information is not as secure as tecting the privacy of individuals and colleagues to support this much-needed they once believed. A recent NBC News/ permitting specific and appropriate legislation. I ask unanimous consent Wall Street Journal poll found that uses of personal information for bene- that the ‘‘Privacy Commission Act’’ be loss of privacy was the greatest con- ficial purposes. The Commission would printed in the RECORD following my re- cern that Americans have as we enter be directed to study a wide variety of marks. There being no objection, the bill was this new century. In these times of rap- issues relating to personal privacy, in- ordered to be printed in the RECORD, as idly changing technology, people are cluding the monitoring, collection, dis- follows: uncertain and fearful about who has tribution and use of personal informa- S. 3040 access to their personal information tion by government and private enti- ties; current legislative and self-regu- Be it enacted by the Senate and House of Rep- and how that information is being resentatives of the United States of America in used. It seems that as fast as new com- latory efforts to respond to privacy Congress assembled, munications technologies appear, so do problems; and the practices and poli- SECTION 1. SHORT TITLE. new capabilities for diverting informa- cies of employers with respect to the This Act may be cited as the ‘‘Privacy tion in unintended ways. personal financial and health informa- Commission Act’’. The increasing popularity of the tion of their employees. In the course SEC. 2. FINDINGS. Internet and e-mail as a primary of its examination of these issues, the Congress finds the following: means of communicating and dissemi- Commission would also be required to (1) Americans are increasingly concerned nating information is one of the major hold at least 3 field hearings around about their civil liberties and the security reasons for the rising concerns about and use of their personal information, in- the country and to set up a website to cluding medical records, educational records, personal privacy. Consumer informa- facilitate public participation and pub- library records, magazine subscription tion such as drivers’ license numbers, lic comment. By December 31, 2001, the records, records of purchases of goods and educational records and purchase Commission would submit a report to other payments, and driver’s license num- records has always been available in Congress on its findings, including any bers. some capacity. Before the advent of the recommendations for legislation to re- (2) The shift from an industry-focused Internet, however, the time and effort form or augment current laws. economy to an information-focused economy required to accumulate such informa- There is great deal of interest in leg- calls for a reassessment of the most effective tion often was prohibitive. Now, the islating on privacy. Everyone is trying way to balance personal privacy and infor- mation use, keeping in mind the potential use of information-gathering devices to establish the appropriate level of for unintended effects on technology devel- on the Internet makes building con- privacy protection that the American opment, innovation, the marketplace, and sumer information databases relatively people want and need. But there are privacy needs. cost-free, and using and sharing them many different answers being proposed. (3) This Act shall not be construed to pro- extremely profitable. On the state level, approximately 7000 hibit the enactment of legislation on privacy Some data privacy experts have bills about privacy were introduced issues by Congress during the existence of shown how combining information just last year. Here in Congress, scores the Commission. It is the responsibility of from separate so-called ‘‘anonymous’’ of proposals have been introduced on a Congress to act to protect the privacy of in- dividuals, including individuals’ medical and public databases can not only identify wide range of privacy issues, and we financial information. Various committees those people included in the database undoubtedly will consider many of of Congress are currently reviewing legisla- but can reveal private information as these proposals in the next Congress. tion in the area of medical and financial pri- well, including detailed medical and fi- The Privacy Commission Act will help vacy. Further study by the Commission es- nancial records. The increased sharing us to understand the complex issue of tablished by this Act should not be consid- of information between medical practi- privacy and to map responsible protec- ered a prerequisite for further consideration tioners, pharmaceutical companies, in- tions, without delaying action where or enactment of financial or medical privacy surance entities and employers has consensus is reached. The final report legislation by Congress. made consumers more aware of the SEC. 3. ESTABLISHMENT. of the Privacy Commission would be There is established a commission to be lack of confidentiality in the physi- available by the second session of the known as the ‘‘Commission for the Com- cian-patient relationship. Break- new Congress. In the meanwhile, if con- prehensive Study of Privacy Protection’’ (in throughs in genetic testing have made sensus can be reached on any sub- this Act referred to as the ‘‘Commission’’). the potential consequences of such stantive privacy legislation, nothing in SEC. 4. DUTIES OF COMMISSION. sharing even more serious. the Privacy Commission Act would im- (a) STUDY.—The Commission shall conduct The first federal privacy commission, pede movement on those bills. To the a study of issues relating to protection of in- which operated from 1975 to 1977, faced contrary, the bill contains a provision dividual privacy and the appropriate balance the same basic question that is being to be achieved between protecting individual specifying that it is not intended to privacy and allowing appropriate uses of in- posed today: ‘‘What is the correct bal- delay any other privacy legislation. formation, including the following: ance between protecting personal pri- I would like to thank my colleagues (1) The monitoring, collection, and dis- vacy and allowing appropriate uses of in the House, particularly Congressmen tribution of personal information by Federal, information?’’ But in the past 25 years, ASA HUTCHINSON and JIM MORAN, who State, and local governments.

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(2) Current efforts to address the moni- ulatory efforts, technology advances, and (h) MEETINGS.— toring, collection, and distribution of per- market forces in protecting individual pri- (1) IN GENERAL.—The Commission shall sonal information by Federal and State gov- vacy. meet at the call of the Chairperson or a ma- ernments, individuals, or entities, includ- (D) Recommendations on whether addi- jority of its members. ing— tional legislation is necessary, and if so, spe- (2) INITIAL MEETING.—Not later than 45 (A) existing statutes and regulations relat- cific suggestions on proposals to reform or days after the date of the enactment of this ing to the protection of individual privacy, augment current laws and regulations relat- Act, the Commission shall hold its initial such as section 552a of title 5, United States ing to individual privacy. meeting. Code (commonly referred to as the Privacy (E) Analysis of purposes for which addi- SEC. 6. DIRECTOR; STAFF; EXPERTS AND CON- Act of 1974) and section 552 of title 5, United tional regulations may impose undue costs SULTANTS. or burdens, or cause unintended con- States Code (commonly referred to as the (a) DIRECTOR.— sequences in other policy areas, such as secu- Freedom of Information Act); (1) IN GENERAL.—Not later than 40 days (B) legislation pending before the Con- rity, law enforcement, medical research, em- after the date of enactment of this Act, the gress; ployee benefits, or critical infrastructure Chairperson of the Commission shall appoint (C) privacy protection efforts undertaken protection. a Director without regard to the provisions by the Federal Government, State govern- (F) Cost analysis of legislative or regu- of title 5, United States Code, governing ap- latory changes proposed in the report. ments, foreign governments, and inter- pointments to the competitive service. (G) Recommendations on non-legislative national governing bodies; (2) PAY.—The Director shall be paid at the solutions to individual privacy concerns, in- (D) privacy protection efforts undertaken rate payable for level III of the Executive cluding education, market-based measures, by the private sector; and Schedule established under section 5314 of industry best practices, and new technology. (E) self-regulatory efforts initiated by the such title. private sector to respond to privacy issues. (H) Review of the effectiveness and utility of third-party verification, including specifi- (b) STAFF.—The Director may appoint staff (3) The monitoring, collection, and dis- as the Director determines appropriate. tribution of personal information by individ- cally with respect to existing private sector (c) APPLICABILITY OF CERTAIN CIVIL SERV- uals or entities, including access to and use self-regulatory efforts. ICE LAWS.— of medical records, financial records (includ- (d) ADDITIONAL REPORT.—Together with (1) IN GENERAL.—The staff of the Commis- ing credit cards, automated teller machine the report under subsection (c), the Commis- sion shall submit to the Congress and the sion shall be appointed without regard to the cards, bank accounts, and Internet trans- President any additional report of dissenting provisions of title 5, United States Code, gov- actions), personal information provided to opinions or minority views by a member of erning appointments in the competitive on-line sites accessible through the Internet, the Commission. service. Social Security numbers, insurance records, (e) INTERIM REPORT.—The Commission may (2) PAY.—The staff of the Commission shall education records, and driver’s license num- submit to the Congress and the President an be paid in accordance with the provisions of bers. interim report approved by a majority of the chapter 51 and subchapter III of chapter 53 of (4) Employer practices and policies with members of the Commission. that title relating to classification and Gen- respect to the financial and health informa- SEC. 5. MEMBERSHIP. eral Schedule pay rates, but at rates not in tion of employees, including— (a) NUMBER AND APPOINTMENT.—The Com- excess of the maximum rate for grade GS–15 (A) whether employers use or disclose em- mission shall be composed of 17 members ap- of the General Schedule under section 5332 of ployee financial or health information for pointed as follows: that title. marketing, employment, or insurance under- (1) 4 members appointed by the President. (d) EXPERTS AND CONSULTANTS.—The Direc- writing purposes; (2) 4 members appointed by the majority tor may procure temporary and intermittent (B) what restrictions employers place on leader of the Senate. services under section 3109(b) of title 5, disclosure or use of employee financial or (3) 2 members appointed by the minority United States Code. health information; leader of the Senate. (e) STAFF OF FEDERAL AGENCIES.— (C) employee rights to access, copy, and (4) 4 members appointed by the Speaker of (1) IN GENERAL.—Upon request of the Direc- amend their own health records and finan- the House of Representatives. tor, the head of any Federal department or cial information; (5) 2 members appointed by the minority agency may detail, on a reimbursable basis, (D) what type of notice employers provide leader of the House of Representatives. any of the personnel of that department or to employees regarding employer practices (6) 1 member, who shall serve as Chair- agency to the Commission to assist it in car- with respect to employee financial and person of the Commission, appointed jointly rying out this Act. health information; and by the President, the majority leader of the (2) NOTIFICATION.—Before making a request (E) practices of employer medical depart- Senate, and the Speaker of the House of Rep- under this subsection, the Director shall give ments with respect to disclosing employee resentatives. notice of the request to each member of the health information to administrative or (b) DIVERSITY OF VIEWS.—The appointing Commission. other personnel of the employer. authorities under subsection (a) shall seek to (5) The extent to which individuals in the ensure that the membership of the Commis- SEC. 7. POWERS OF COMMISSION. United States can obtain redress for privacy sion has a diversity of views and experiences (a) HEARINGS AND SESSIONS.—The Commis- violations. on the issues to be studied by the Commis- sion may, for the purpose of carrying out (6) The extent to which older individuals sion, such as views and experiences of Fed- this Act, hold hearings, sit and act at times and disabled individuals are subject to ex- eral, State, and local governments, the and places, take testimony, and receive evi- ploitation involving the disclosure or use of media, the academic community, consumer dence as the Commission considers appro- their financial information. groups, public policy groups and other advo- priate. The Commission may administer (b) FIELD HEARINGS.—The Commission cacy organizations, business and industry oaths or affirmations to witnesses appearing shall conduct at least 3 field hearings in dif- (including small business), the medical com- before it. ferent geographical regions of the United munity, the health care industry, civil lib- (b) POWERS OF MEMBERS AND AGENTS.—Any States. erties experts, and the financial services in- member or agent of the Commission may, if (c) REPORT.— dustry. authorized by the Commission, take any ac- (1) IN GENERAL.—Not later than December (c) DATE OF APPOINTMENT.—The appoint- tion which the Commission is authorized to 31, 2001— ment of the members of the Commission take by this section. (A) a majority of the members of the Com- shall be made not later than 30 days after (c) OBTAINING OFFICIAL INFORMATION.— mission shall approve a report; and the date of the enactment of this Act. (1) IN GENERAL.—Except as provided in (B) the Commission shall submit the ap- (d) TERMS.—Each member of the Commis- paragraph (2), if the Chairperson of the Com- sion shall be appointed for the life of the proved report to the Congress and the Presi- mission submits a request to a Federal de- Commission. dent. partment or agency for information nec- (e) VACANCIES.—A vacancy in the Commis- (2) CONTENTS.—The report shall include a sion shall be filled in the same manner in essary to enable the Commission to carry detailed statement of findings, conclusions, which the original appointment was made. out this Act, the head of that department or and recommendations, including the fol- (f) COMPENSATION; TRAVEL EXPENSES.— agency shall furnish that information to the lowing: Members of the Commission shall serve Commission. (A) Findings on potential threats posed to without pay, but shall receive travel ex- (2) EXCEPTION FOR NATIONAL SECURITY.—If individual privacy. penses, including per diem in lieu of subsist- the head of that department or agency deter- (B) Analysis of purposes for which sharing ence, in accordance with sections 5702 and mines that it is necessary to guard that in- of information is appropriate and beneficial 5703 of title 5, United States Code. formation from disclosure to protect the na- to consumers. (g) QUORUM.—A majority of the members of tional security interests of the United (C) Analysis of the effectiveness of existing the Commission shall constitute a quorum, States, the head shall not furnish that infor- statutes, regulations, private sector self-reg- but a lesser number may hold hearings. mation to the Commission.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17938 CONGRESSIONAL RECORD—SENATE September 13, 2000 (d) WEBSITE.—The Commission shall estab- business information and proprietary finan- uses. This is especially troubling when, lish a website to facilitate public participa- cial information that may be viewed or ob- in many cases, people do not even tion and the submission of public comments. tained by the Commission in the course of know that their own personal informa- (e) MAILS.—The Commission may use the carrying out its duties under this Act. tion is being ‘‘shopped.’’ United States mails in the same manner and (d) INDIVIDUALLY IDENTIFIABLE INFORMA- Two schools of thought exist on how under the same conditions as other depart- TION DEFINED.—For the purposes of this Act, ments and agencies of the United States. the term ‘‘individually identifiable informa- we should address these privacy con- (f) ADMINISTRATIVE SUPPORT SERVICES.— tion’’ means any information, whether oral cerns. There are some who insist that Upon the request of the Director, the Admin- or recorded in any form or medium, that we must do something and do it quick- istrator of General Services shall provide to identifies an individual, or with respect to ly. Others urge us to rely entirely on the Commission, on a reimbursable basis, the which there is a reasonable basis to believe ‘‘self-regulation’’—according to them administrative support services necessary that the information can be used to identify most companies will act reasonably for the Commission to carry out this Act. an individual. and, if not, consumers will demand pri- (g) GIFTS AND DONATIONS.—The Commis- SEC. 9. BUDGET ACT COMPLIANCE. sion may accept, use, and dispose of gifts or vacy protection as a condition for their Any new contract authority authorized by continued business. donations of services or property to carry this Act shall be effective only to the extent out this Act, but only to the extent or in the or in the amounts provided in advance in ap- Both approaches have some merit, amounts provided in advance in appropria- propriation Acts. but also some problems. It is never tion Acts. SEC. 10. TERMINATION. beneficial to legislate by anecdote or (h) CONTRACTS.—The Commission may con- The Commission shall terminate 30 days on the basis of a few bad actors. In tract with and compensate persons and gov- after submitting a report under section 4(c). deed, enacting ‘‘knee-jerk,’’ ‘‘quick- ernment agencies for supplies and services, without regard to section 3709 of the Revised SEC. 11. AUTHORIZATION OF APPROPRIATIONS. fix’’ legislation could do more harm Statutes (41 U.S.C. 5). (a) IN GENERAL.—There are authorized to than good. By the same token, how- (i) SUBPOENA POWER.— be appropriated to the Commission $5,000,000 ever, the longer Congress waits to (1) IN GENERAL.—The Commission may to carry out this Act. enact legislation, the more frequent issue subpoenas requiring the attendance (b) AVAILABILITY.—Any sums appropriated the anecdotes until they reach a point and testimony of witnesses and the produc- pursuant to the authorization in subsection of critical mass. We are quickly reach- tion of any evidence relating to any matter (a) shall remain available until expended. ing the point when Congress must act that the Commission is empowered to inves- Mr. KOHL. Mr. President, I rise with or without the benefits of a study. tigate by section 4. The attendance of wit- today to introduce the ‘‘Privacy Com- A privacy commission still has merit. nesses and the production of evidence may be mission Act’’ with my colleagues Sen- required by such subpoena from any place The streamlined time frame—it could ator THOMPSON and Senator within the United States and at any speci- still be a bit shorter—helps ensure that fied place of hearing within the United TORRICELLI. This legislation addresses the Commission will not interrupt States. privacy protection by creating an ex- other legislative privacy efforts, and (2) FAILURE TO OBEY A SUBPOENA.—If a per- pert Commission charged with the duty the breadth of experts that it relies son refuses to obey a subpoena issued under to explore privacy concerns. We cannot upon suggests that the commission’s paragraph (1), the Commission may apply to underestimate the importance of this report will still be timely and worth- a United States district court for an order issue. Privacy matters, and it will con- while. requiring that person to appear before the tinue to matter more and more in this I commend Senator THOMPSON for his Commission to give testimony, produce evi- information age of high speed data, dence, or both, relating to the matter under efforts and hope our proposal becomes investigation. The application may be made Internet transactions, and lightning- law and Commission members are ap- within the judicial district where the hear- quick technological advances. pointed before the end of this year. ing is conducted or where that person is Last November, Senator TORRICELLI found, resides, or transacts business. Any and I introduced the ‘‘Privacy Protec- Mr. ASHCROFT: failure to obey the order of the court may be tion Study Commission Act of 1999,’’ S. 3042. A bill to protect citizens punished by the court as civil contempt. the first major piece of privacy legisla- against becoming victims of Internet (3) SERVICE OF SUBPOENAS.—The subpoenas tion introduced in the 106th Congress. fraud, to provide stiff penalties against of the Commission shall be served in the Our hope then, as now, was to gain a those who target senior citizens, and to manner provided for subpoenas issued by a United States district court under the Fed- better informed understanding of the educate senior citizens on how to avoid eral Rules of Civil Procedure for the United numerous privacy issues facing a high being victimized by Internet or tele- States district courts. tech culture. Now, almost a year later, marketing fraud; to the Committee on (4) SERVICE OF PROCESS.—All process of any the privacy issue has grown in impor- the Judiciary. court to which application is made under tance and public concern. As a result, I AN ACT TO PREVENT INTERNET FRAUD AND paragraph (2) may be served in the judicial am pleased to renew my effort in this FRAUD AGAINST THE ELDERLY district in which the person required to be area with another privacy commission Mr. ASHCROFT. Mr. President, E- served resides or may be found. proposal. commerce is growing at an unprece- SEC. 8. PRIVACY PROTECTIONS. There exists a massive wealth of in- dented rate—$8 billion last year. With (a) DESTRUCTION OR RETURN OF INFORMA- formation in today’s world, which is in- this increase in online purchases, we TION REQUIRED.—Upon the conclusion of the matter or need for which individually identi- creasingly stored electronically. In have made more products and services fiable information was disclosed to the Com- fact, experts estimate that the average available to Americans—regardless of mission, the Commission shall either destroy American is ‘‘profiled’’ in up to 150 where they live. We are working to the individually identifiable information or commercial electronic databases. That bridge the digital divide so all Ameri- return it to the person or entity from which means that there is a great deal of cans, even low income and rural Ameri- it was obtained, unless the individual that is data—in some cases, very detailed and cans can benefit from the opportunities the subject of the individually identifiable personal—out there and easily acces- the Internet provides. However, one information has authorized its disclosure. sible courtesy of the Internet revolu- (b) DISCLOSURE OF INFORMATION PROHIB- thing we don’t want to make ubiq- ITED.—The Commission— tion. With the click of a button it is uitous is Internet fraud. Along with (1) shall protect individually identifiable possible to examine all sorts of per- convenience, easy price comparisons, information from improper use; and sonal information, be it an address, a and limitless selection—this new me- (2) may not disclose such information to criminal record, a credit history, a dium also has provided a new oppor- any person, including the Congress or the shopping preference, or even a medical tunity to those who make their living President, unless the individual that is the file. defrauding the public. Fraud over the subject of the information has authorized Generally, the uses of this data are Internet, just as fraud over telephone such a disclosure. (c) PROPRIETARY BUSINESS INFORMATION benign, even beneficial. Occasionally, lines and mail, is an increasing prob- AND FINANCIAL INFORMATION.—The Commis- however, personal information is ob- lem. sion shall protect from improper use, and tained surreptitiously, and even ped- In 1998, Congress passed the Tele- may not disclose to any person, proprietary dled to third parties for profit or other marketing Fraud Prevention Act. I,

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17939 like the rest of my colleagues recog- nected law enforcement agencies all these parts to be shipped through the nized this problem and supported that over the world—giving them the ability nail. effort. That law builds upon other fed- to act quickly. In addition, they cur- These provisions, however, have been eral laws that deal directly with tele- rently have the network in place de- exploited and replacement part kits marketing fraud. The 1998 law stiffened signed to educate consumers on all that can convert a legally owned fire- penalties for telemarketing fraud by areas of consumer protection law. arm into an illegal automatic weapon toughening the sentencing guidelines— The bill I am introducing today will are readily available and heavily ad- especially for crimes against the elder- expand current law to include the same vertised in numerous publications. ly. It requires criminal forfeiture to crimes committed over the Internet. Some of these kits even go so far as to ensure the fruits of telemarketing As now, fraud cases would be divided provide a template that shows how to crime are not used to commit further between the Federal Trade Commission make this conversion. This is a fla- fraud, mandates victim restitution to (FTC) and the Department of Justice. grant effort to evade the laws of the ensure victims are the first ones com- Mr. President. We cannot allow the United States. This activity must be pensated, adds conspiracy language to criminals to stay ahead of the law. stopped in order to maintain the integ- the list of telemarketing fraud pen- Internet crimes are being quickly de- rity of our ban on assault weapons and alties, and helps law enforcement zero veloped and identified. We must make protect our communities from gun vio- in on quick-strike fraud operations by sure they are just as quickly stopped. lence. Legislation is needed that pro- giving them the authority to move We must provide the legal framework vides simple, common-sense measures more quickly against suspected fraud. to insist that these criminals do not to remedy the glaring loopholes in cur- While I supported that law, I believe slip through the system due to a loop- rent law. we need to do more. According to the hole. To that end, I am introducing the National Consumers League, con- Gun Parts Trafficking Act of 2000, leg- sumers lost over $3.2 million to Inter- By Mr. TORRICELLI: islation designed to close the loopholes net fraud last year. This is a 38 percent S. 3043. A bill to close loopholes in in existing law and end the sale of kits increase from 1998. The actual figure the firearms laws which allow the un- designed to convert legally owned fire- probably is much higher, since this regulated manufacture, assembly, ship- arms into illegal automatic weapons. number reflects only those who re- ment, or transportation of firearms or The bill will expand the definition of ported incidents to the National Con- firearm parts, and for other purposes; ‘‘firearm’’ to include the main compo- sumer League’s Fraud Watch. While it to the Committee on the Judiciary. nents of the weapon and will prohibit is true consumer protection laws under GUN PARTS TRAFFICKING ACT OF 2000 the manufacture or assembly of guns the jurisdiction of the Federal Trade Mr. TORRICELLI. Mr. President, I by an individual who does not have a Commission have been interpreted to rise today to introduce the Gun Parts license to do so. cover Internet fraud—those laws are Trafficking Act of 2000. I urge my colleagues to join me in inadequate. Therefore, today, I am in- For years, I have fought along with support of the Gun Parts Trafficking troducing a bill, An Act to Prevent many of my colleagues against the gun Act and ask unanimous consent that Internet Fraud and Fraud Against the violence that has plagued America. We the full text of the legislation be print- Elderly, to ensure that Internet fraud have sought to keep firearms from the ed in the RECORD following my state- also is covered by federal criminal hands of children and those who would ment. laws. It is important to me that the use them to do harm. After long de- There being no objection, the bill was stiffer penalties contained in the Tele- bate, we succeeded in enacting a ban on ordered to be printed in the RECORD, as marketing Fraud Prevention Act for assault weapons as well as the Brady follows: those targeting the elderly also cover bill requiring a criminal background S. 3043 fraud perpetrated over the Internet. check at the time of a firearms pur- Be it enacted by the Senate and House of Rep- Through work I have done over the chase—positive steps in the effort to resentatives of the United States of America in last year, I have seen first hand the protect our communities from gun vio- Congress assembled, tragic results of schemes targeting our lence. SECTION 1. SHORT TITLE. elderly. I held a hearing in the Com- Gun violence, however, continues to This Act may be cited as the ‘‘Gun Parts merce Committee’s Subcommittee on have a devastating impact on our na- Trafficking Act of 2000’’. Consumer Affairs and heard heart tion. The statistics have been well doc- SEC. 2. PROHIBITION AGAINST SHIPMENT OR TRANSPORTATION OF FIREARM breaking testimony about scam art- umented, but bear repeating. In 1997 PARTS, WITH CERTAIN EXCEPTIONS. ists—targeting the elderly—who are alone, more than 32,000 Americans were Section 921(a)(3) of title 18, United States maybe the worst criminals on the plan- shot and killed. Fourteen children die Code, is amended by striking ‘‘or (D) any de- et. They target people, who in the twi- from gunfire every day. The economic structive device.’’ and inserting ‘‘(D) any de- light of their lives may lose their life toll of firearms deaths and injuries on structive device; or (E) any parts or com- savings, their independence and their our country—$33 billion each year—is bination of parts that when assembled on a dignity. I held events in Missouri, with astronomical. frame or receiver would constitute a firearm, the regional director of the Federal In light of these staggering figures it as defined in this paragraph.’’. Trade Commission, educating those seems obvious that we must do more, SEC. 3. PROHIBITION AGAINST MANUFACTURE OR ASSEMBLY OF FIREARMS BY most venerable to these schemes on including regulating guns like any PERSONS OTHER THAN LICENSED how to avoid becoming a victim. Ac- other consumer product. But while we MANUFACTURERS. cording the National Consumers look forward, we must also be mindful Section 922 of title 18, United States Code, League, seniors are the target for more of attempts by some to subvert the is amended by adding at the end the fol- than 20 percent of Internet fraud. Al- progress we have made. lowing: Gun dealers are exploiting a loophole ‘‘(z) It shall be unlawful for any person though this is lower than the 56 per- other than a licensed manufacturer to manu- cent of seniors targeted by unscrupu- in current law that allows them to sell, facture or assemble a firearm.’’. lous telemarketers, the number will through the US mail, gun kits con- SEC. 4. INCREASE IN FEE FOR LICENSE TO MANU- only increase as more and more of our taining virtually every single item FACTURE FIREARMS. seniors begin to use the Internet. needed to build an automatic weapon. Section 923(a)(1)(B) of title 18, United I strongly believe that education is When we enacted a ban on these deadly States Code, is amended by striking ‘‘$50’’ crucial. That is why this bill also con- automatic weapons, we exempted auto- and inserting ‘‘$500’’. taining provisions giving the FTC the matic weapons legally owned prior to SEC. 5. PROHIBITION AGAINST POSSESSION OR charge of educating our elderly. They the ban. We also allowed replacement TRANSFER OF CERTAIN COMBINA- TIONS OF MACHINEGUN REPLACE- currently have the largest network of parts to be legally sold so that these MENT PARTS. information on fraud schemes. Through grand-fathered weapons could be re- Section 5845(b) of the Internal Revenue their Sentinel website, they have con- paired by their owners, and we allowed Code of 1986 (National Firearms Act) is

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17940 CONGRESSIONAL RECORD—SENATE September 13, 2000 amended in the 2nd sentence by striking ‘‘de- from willing sellers for the majority of provide coverage of outpatient pre- signed and intended solely and exclusively, the trails, and for other purposes. scription drugs under the medicare pro- or combination of parts designed and in- S. 2044 gram. tended,’’ and inserting ‘‘or combination of parts designed and intended’’. At the request of Mr. CAMPBELL, the S. 2835 SEC. 6. EFFECTIVE DATE. name of the Senator from South Da- At the request of Mr. GRASSLEY, the The amendments made by this Act shall kota (Mr. JOHNSON) was added as a co- name of the Senator from New Mexico apply to conduct engaged in after the 60-day sponsor of S. 2044, a bill to allow postal (Mr. BINGAMAN) was added as a cospon- period that begins with the date of the en- patrons to contribute to funding for do- sor of S. 2835, a bill to provide an ap- actment of this Act. mestic violence programs through the propriate transition from the interim f voluntary purchase of specially issued payment system for home health serv- ADDITIONAL COSPONSORS postage stamps. ices to the prospective payment system S. 2341 for such services under the medicare S. 317 At the request of Mr. GREGG, the program. At the request of Mr. DORGAN, the name of the Senator from Pennsyl- S. 2874 name of the Senator from Georgia (Mr. vania (Mr. SANTORUM) was added as a At the request of Mr. MOYNIHAN, the MILLER) was added as a cosponsor of S. cosponsor of S. 2341, a bill to authorize name of the Senator from Utah (Mr. 317, a bill to amend the Internal Rev- appropriations for part B of the Indi- HATCH) was added as a cosponsor of S. enue Code of 1986 to provide an exclu- viduals with Disabilities Education Act 2874, a bill to amend the Internal Rev- sion for gain from the sale of farmland to achieve full funding for part B of enue Code of 1986 to repeal the provi- which is similar to the exclusion from that Act by 2010. sion taxing policyholder dividends of gain on the sale of a principal resi- mutual life insurance companies and to dence. S. 2413 At the request of Mr. GRAMS, his repeal the policyholders surplus ac- S. 459 name was added as a cosponsor of S. count provisions. At the request of Mr. BREAUX, the S. 2894 name of the Senator from Rhode Island 2413, a bill to amend the Omnibus Crime Control and Safe Streets Act of At the request of Mr. LUGAR, the (Mr. L. CHAFEE) was added as a cospon- sor of S. 459, a bill to amend the Inter- 1968 to clarify the procedures and con- name of the Senator from Illinois (Mr. nal Revenue Code of 1986 to increase ditions for the award of matching FITZGERALD) was added as a cosponsor the State ceiling on private activity grants for the purchase of armor vests. of S. 2894, a bill to provide tax and reg- bonds. S. 2528 ulatory relief for farmers and to im- OLLINS prove the competitiveness of American S. 512 At the request of Ms. C , the name of the Senator from Illinois (Mr. agricultural commodities and products At the request of Mr. GORTON, the in global markets. name of the Senator from West Vir- DURBIN) was added as a cosponsor of S. 2528, a bill to provide funds for the pur- S. 2936 ginia (Mr. ROCKEFELLER) was added as a cosponsor of S. 512, a bill to amend chase of automatic external At the request of Mr. ROBB, the the Public Health Service Act to pro- defibrillators and the training of indi- names of the Senator from North Da- vide for the expansion, intensification, viduals in advanced cardiac life sup- kota (Mr. CONRAD) and the Senator and coordination of the activities of port. from Nevada (Mr. BRYAN) were added the Department of Health and Human S. 2644 as cosponsors of S. 2936, a bill to pro- Services with respect to research on At the request of Mr. GORTON, the vide incentives for new markets and autism. name of the Senator from Pennsyl- community development, and for other purposes. S. 1020 vania (Mr. SPECTER) was added as a co- S. 3007 At the request of Mr. GRASSLEY, the sponsor of S. 2644, a bill to amend title names of the Senator from Nebraska XVIII of the Social Security Act to ex- At the request of Mrs. FEINSTEIN, the (Mr. HAGEL) and the Senator from pand medicare coverage of certain self- names of the Senator from Maryland Oklahoma (Mr. INHOFE) were added as injected biologicals. (Ms. MIKULSKI) and the Senator from cosponsors of S. 1020, a bill to amend S. 2700 Hawaii (Mr. INOUYE) were added as co- chapter 1 of title 9, United States Code, At the request of Mr. L. CHAFEE, the sponsors of S. 3007, a bill to provide for to provide for greater fairness in the name of the Senator from Pennsyl- measures in response to a unilateral arbitration process relating to motor vania (Mr. SPECTER) was added as a co- declaration of the existence of a Pales- vehicle franchise contracts. sponsor of S. 2700, a bill to amend the tinian state. S 3016 S. 1536 Comprehensive Environmental Re- . At the request of Mr. DEWINE, the sponse, Compensation, and Liability At the request of Mr. ROTH, the name names of the Senator from Iowa (Mr. Act of 1980 to promote the cleanup and of the Senator from Florida (Mr. MACK) HARKIN), the Senator from Maine (Ms. reuse of brownfields, to provide finan- was added as a cosponsor of S. 3016, to COLLINS), the Senator from Rhode Is- cial assistance for brownfields revital- amend the Social Security Act to es- land (Mr. REED), the Senator from Iowa ization, to enhance State response pro- tablish an outpatient prescription drug (Mr. GRASSLEY), the Senator from grams, and for other purposes. assistance program for low-income Washington (Mrs. MURRAY), and the S. 2725 medicare beneficiaries and medicare Senator from Minnesota (Mr. At the request of Mr. SMITH of New beneficiaries with high drug costs. WELLSTONE) were added as cosponsors Hampshire, the name of the Senator S. 3020 of S. 1536, a bill to amend the Older from Rhode Island (Mr. L. CHAFEE) was At the request of Mr. GRAMS, the Americans Act of 1965 to extend au- added as a cosponsor of S. 2725, a bill to names of the Senator from Virginia thorizations of appropriations for pro- provide for a system of sanctuaries for (Mr. ROBB), the Senator from Kentucky grams under the Act, to modernize pro- chimpanzees that have been designated (Mr. BUNNING), and the Senator from grams and services for older individ- as being no longer needed in research Idaho (Mr. CRAPO) were added as co- uals, and for other purposes. conducted or supported by the Public sponsors of S. 3020, a bill to require the S. 1729 Health Service, and for other purposes. Federal Communications Commission At the request of Mr. CAMPBELL, the S. 2758 to revise its regulations authorizing name of the Senator from Montana At the request of Mr. GRAHAM, the the operation of new, low-power FM (Mr. BAUCUS) was added as a cosponsor name of the Senator from Vermont radio stations. of S. 1729, a bill to amend the National (Mr. JEFFORDS) was added as a cospon- S. 3021 Trails System Act to clarify Federal sor of S. 2758, a bill to amend title At the request of Mrs. HUTCHISON, the authority relating to land acquisition XVIII of the Social Security Act to name of the Senator from Texas (Mr.

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GRAMM) was added as a cosponsor of S. propriate public education in the least re- lated services personnel, and administrators 3021, a bill to provide that a certifi- strictive environment; effectively to meet the instructional needs of cation of the cooperation of Mexico Whereas the Education of the Handicapped children with disabilities of all ages; with United States counterdrug efforts Act was further amended by the Education Whereas Federal and State governments of the Handicapped Act Amendments of 1986 can support effective practices in the class- not be required in fiscal year 2001 for (Public Law 99–457) to create a preschool room to ensure appropriate and effective the limitation on assistance for Mexico grant program for children with disabilities 3 services for children with disabilities; and under section 490 of the Foreign Assist- to 5 years of age and an early intervention Whereas IDEA has succeeded in marshal- ance Act of 1961 not to go into effect in program for infants and toddlers with dis- ling the resources of this Nation to imple- that fiscal year. abilities from birth through age 2; ment the promise of full participation in so- Whereas the Education of the Handicapped ciety of children with disabilities: Now, S. 3035 Act Amendments of 1990 (Public Law 101–476) therefore, be it At the request of Mr. BAUCUS, the renamed the statute as the Individuals with Resolved by the Senate (the House of Rep- name of the Senator from Nebraska Disabilities Education Act (IDEA); resentatives concurring), That the Congress— (Mr. KERREY) was added as a cosponsor Whereas IDEA currently serves an esti- (1) recognizes the 25th anniversary of the of S. 3035, a bill to amend title XI of mated 200,000 infants and toddlers, 600,000 enactment of the Education for All Handi- the Social Security Act to create an preschoolers, and 5,400,000 children 6 to 21 capped Children Act of 1975 (Public Law 94– independent and nonpartisan commis- years of age; 142); sion to assess the health care needs of Whereas IDEA has assisted in a dramatic (2) acknowledges the many and varied con- the uninsured and to monitor the fi- reduction in the number of children with de- tributions of children with disabilities, their velopmental disabilities who must live in parents, teachers, related services personnel, nancial stability of the Nation’s health State institutions away from their families; and administrators; and care safety net. Whereas the number of children with dis- (3) reaffirms its support for the Individuals S. RES. 304 abilities who complete high school has grown with Disabilities Education Act so that all At the request of Mr. BIDEN, the significantly since the enactment of IDEA; children with disabilities have access to a names of the Senator from Vermont Whereas the number of children with dis- free appropriate public education. abilities who enroll in college as freshmen (Mr. LEAHY) and the Senator from West Mr. JEFFORDS. Mr. President, I rise has more than tripled since the enactment of Virginia (Mr. ROCKEFELLER) were added IDEA; to introduce a resolution commemo- as cosponsors of S. Res. 304, a resolu- Whereas IDEA has raised the Nation’s ex- rating the 25th anniversary of the sign- tion expressing the sense of the Senate pectations about the abilities of children ing of the Education for All Handi- regarding the development of edu- with disabilities by requiring access to the capped Children Act—known today as cational programs on veterans’ con- general education curriculum; the Individuals with Disabilities Edu- tributions to the country and the des- Whereas improvements to IDEA made in cation Act, or IDEA. I am joined in ignation of the week that includes Vet- 1997 changed the focus of a child’s individual- this effort by many of my colleagues in ized education program from procedural re- erans Day as ‘‘National Veterans the Senate and by Chairman GOODLING quirements placed upon teachers and related Awareness Week’’ for the presentation services personnel to educational results for and others in the House, who are pro- of such educational programs. that child, thus improving academic achieve- posing a companion resolution today. S. RES. 355 ment; On November 29, 1975, President Ger- At the request of Mr. LEAHY, the Whereas changes made in 1997 also ad- ald Ford signed landmark legislation names of the Senator from Wisconsin dressed the need to implement behavioral as- which became Public Law 94–142. With sessments and intervention strategies for (Mr. FEINGOLD), the Senator from Indi- the stroke of his pen, he opened the children whose behavior impedes learning to doors of our public schools to millions ana (Mr. BAYH), the Senator from Min- ensure that they receive appropriate sup- nesota (Mr. WELLSTONE), the Senator ports in order to receive a quality education; of children with disabilities. Public from Massachusetts (Mr. KERRY), and Whereas IDEA ensures full partnership be- Law 94–142 serves as the foundation of the Senator from New York (Mr. MOY- tween parents of children with disabilities our national commitment to assuring NIHAN) were added as cosponsors of S. and education professionals in the design and that children with disabilities have the Res. 355, a resolution commending and implementation of the educational services same opportunity as all other Amer- congratulating Middlebury College. provided to children with disabilities; ican children to develop their talents, Whereas IDEA has supported the class- f share their gifts, and contribute to rooms of this Nation by providing Federal their communities. Over the years, we SENATE CONCURRENT RESOLU- resources to the States and local schools to help meet their obligation to educate all have built upon this foundation by ex- TION 135—RECOGNIZING THE 25TH panding its reach to pre-school chil- ANNIVERSARY OF THE ENACT- children with disabilities; Whereas, while the Federal Government dren through early intervention pro- MENT OF THE EDUCATION FOR has not yet met its commitment to fund part grams. ALL HANDICAPPED CHILDREN B of IDEA at 40 percent of the average per This anniversary holds a special ACT OF 1975 pupil expenditure, it has made significant in- meaning for me. I am one of the few Mr. JEFFORDS (for himself, Mr. creases in part B funding by increasing the members now in this body who were appropriation by 115 percent since 1995, KENNEDY, Mr. GREGG, Mr. DODD, Mr. present at the time the Education for which is an increase of over $2,600,000,000; DEWINE, Mr. HARKIN, Mr. ENZI, Ms. MI- Whereas the 1997 amendments to IDEA in- All Handicapped Children Act was ap- KULSKI, Ms. COLLINS, Mr. BINGAMAN, creased the amount of Federal funds that proved. It was one of the first pieces of Mr. HAGEL, Mr. WELLSTONE, Mrs. MUR- have a direct impact on students through legislation I worked on as a freshman RAY, Mr. REED, Mr. FRIST, and Mr. improvements such as capping allowable member of the House of Representa- HUTCHINSON) submitted the following State administrative expenses, which en- tives. At that time, despite a clear concurrent resolution; which was re- sures that nearly 99 percent of funding in- Constitutional obligation to educate ferred to the Committee on Health, creases directly reach local schools, and re- all children, regardless of disability, Education, Labor, and Pensions: quiring mediation upon request by parents in thousands of disabled students were de- order to reduce costly litigation; S. CON. RES. 135 Whereas such amendments also ensured nied access to a public education. Whereas the Education for All Handi- that students whose schools cannot serve I was an original sponsor of Public capped Children Act of 1975 (Public Law 94– them appropriately and students who choose Law 94–142 and had the opportunity to 142) was signed into law 25 years ago on No- to attend private, parochial, and charter serve on the House-Senate conference vember 29, 1975, and amended the State grant schools have greater access to free appro- committee which developed the final program under part B of the Education of priate services outside of traditional public bill. Since then, I have actively sup- the Handicapped Act; schools; ported the improvements made to the Whereas the Education for All Handi- Whereas IDEA has supported, through its capped Children Act of 1975 established the discretionary programs, more than two dec- legislation over the past quarter cen- Federal policy of ensuring that all children, ades of research, demonstration, and train- tury. I take great satisfaction in the regardless of the nature or severity of their ing in effective practices for educating chil- extraordinary record of success this disability, have available to them a free ap- dren with disabilities, enabling teachers, re- Act has built.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17942 CONGRESSIONAL RECORD—SENATE September 13, 2000 IDEA currently serves an estimated and the number who enroll in college Whereas, by the privileges of the Senate of two hundred thousand infants and tod- has more than tripled. Academic the United States and Rule XI of the Stand- dlers; six hundred thousand pre- achievement is increasing, along with ing Rules of the Senate, no evidence under the control or in the possession of the Senate schoolers; and almost 5.5 million chil- the nation’s expectations about the can, by the administrative or judicial proc- dren aged 6 to 21. The drop-out rate for abilities of children with disabilities. ess, be taken from such control or possession this population has decreased, while Our commitment to a quality edu- but by permission of the Senate; the graduation rate has increased sub- cation for everybody now extends to Whereas, when it appears that documents, stantially. The number of young adults America’s six million students with papers, and records under the control or in with disabilities enrolling in college disabilities. the possession of the Senate may promote has more than tripled. The number of We know that special education is the administration of justice, the Senate will take such action as will promote the ends of children with developmental disabil- not a ‘‘place’’ or a ‘‘label,’’ but a set of justice consistently with the privileges of ities who live in state institutions, services that allow children to succeed the Senate; Now, therefore, be it away from their families, has also been in school, go on to lead productive Resolved, That the Chairman and Vice dramatically reduced. lives, and enter the world of work. This Chairman of the Senate Select Committee Each one of these numbers represents is something that matters to me be- on Intelligence, acting jointly, are author- a child whose life has been improved cause it means so much to the people ized to provide to the Federal Bureau of In- because we recognized the value of edu- in Maine who have been able to lead vestigation, under appropriate security pro- cedures, a certified copy of the transcript of cating all our children. The contribu- productive lives because the Individ- its closed February 22, 2000 hearing. tion we made through legislation is an uals with Disabilities Education Act f important one, but the real credit be- afforded them the quality education longs to the people on the front lines they deserved. SENATE RESOLUTION 357—WEL- who have seen to it that our goals have This is why we need to increase con- COMING PRIME MINISTER ATAL become realities. Teachers, related sistently the Federal financial support BIHARI VAJPAYEE, PRIME MIN- services personnel, administrators, pro- for the Individuals with Disabilities ISTER OF INDIA, UPON HIS fessional and advocacy organizations, Education Act—so that the Federal FIRST OFFICIAL VISIT TO THE parents of children with disabilities, Government does, in fact, pay each UNITED STATES, AND FOR and the children themselves work each school in America 40 percent of the na- OTHER PURPOSES day to assure the promise of IDEA tional average per pupil expenditure Mr. BROWNBACK (for himself and burns brightly. for every special education student en- Mr. WELLSTONE) submitted the fol- Today we celebrate the progress that rolled. Washington made that promise lowing resolution; which was consid- we have made in special education to our local communities when it ered and agreed to: since 1975. It is also an appropriate passed IDEA. S. RES. 357 time to consider the challenges and op- For example, this year in Maine, Whereas the United States and India are portunities which lie ahead. I cannot local schools will receive only $702 per two of the world’s largest democracies that talk about IDEA without mentioning special education student under together represent one-fifth of the world’s yet again our unfulfilled promise. In IDEA—$1698 per student less than the population and more than one-fourth of the 1975, Congress promised our 16,000 $2400 it would receive if the Federal world’s economy; school districts that we would provide Government paid its share. In total, Whereas the United States and India share special education funding at 40% of the Maine will receive $60 million less than common ideals and a vision for the 21st cen- it was promised. According to the U.S. tury, where freedom and democracy are the national average per pupil expenditure. strongest foundations for peace and pros- As we all know, IDEA has never been Department of Education, the unmet perity; funded at that level. We have improved amount stands at an astounding $11 bil- Whereas the growing partnership between our record in recent years, with large lion nationally. We cannot continue to the United States and India is reinforced by increases in appropriations. Even with shift this burden to our local commu- the ties of scholarship and commerce and, in- this infusion of funds, the federal gov- nities. We must meet the Federal com- creasingly, of kinship among our people; ernment provides less than 13% of the mitment to help pay for special edu- Whereas the million-strong Indian-Amer- cost of special education services. We cation costs. ican community in the United States has en- riched and enlivened the societies of both the need to do more, and now is the time to Let us take the 25th anniversary of the Individuals with Disabilities Edu- United States and India, and this community do it. provides a strong bond between India and the The knowledge base we have devel- cation Act to recognize the positive United States and is playing an important oped over the past 25 years, coupled impact this law has on every commu- role in deepening and strengthening coopera- with continued advances in technology, nity in the United States, but let us tion between India and the United States; hold the promise for astonishing not forget our Federal commitment of and progress in the future for students with 40 percent to help our schools and com- Whereas the visit to the United States of disabilities. These students can now munities implement the Individuals the Prime Minister of India, Atal Bihari communicate, explore the world with Disabilities Education Act. Vajpayee, is a significant step in the broad- ening and strengthening of relations between through the internet, and be mobile in f the United States and India: Now, therefore, ways we could not have imagined in SENATE RESOLUTION 356—TO AU- be it 1975. If we are willing to commit the THORIZE DOCUMENTARY PRO- Resolved, That the Senate hereby— necessary resources, there is virtually (1) welcomes the Prime Minister of India, DUCTION BY THE SELECT COM- no limit to the advances we could see Atal Bihari Vajpayee, upon his first official MITTEE ON INTELLIGENCE over the next 25 years. I urge all my visit to the United States; colleagues to join in supporting this Mr. LOTT (for himself and Mr. (2) pledges its commitment to the expan- DASCHLE) submitted the following reso- sion of ties between the United States and resolution and in reaffirming the val- India, to the mutual benefit of both coun- ues and principles underlying IDEA. lution; which was considered and agreed to: tries; and Ms. COLLINS. Mr. President, I am (3) recognizes that the visit of the Prime pleased to be a cosponsor of the Resolu- S. RES. 356 Minister of India, Atal Bihari Vajpayee, to tion Commemorating the 25th Anniver- Whereas, the Federal Bureau of Investiga- the United States is a significant step to- sary of the Individuals with Disabil- tion has requested that the Senate Select wards broadening and deepening the friend- ities Education Act. This law has had a Committee on Intelligence provide it with a ship and cooperation between the United very positive impact on the lives of certified copy of the testimony of former Di- States and India. rector of Central Intelligence John M. SEC. 2. The Secretary of the Senate shall millions of disabled Americans. In fact, Deutch during its closed February 22, 2000 transmit a copy of this resolution to the since its enactment, the number of hearing, in connection with a pending in- President with the request that he further children with disabilities who complete quiry into the alleged improper handling of transmit such copy to the Prime Minister of high school has grown significantly, classified information by Mr. Deutch; India, Atal Bihari Vajpayee.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17943 AMENDMENTS SUBMITTED charged (under paragraph (2)) from further TITLE II—SPECIAL PROJECTS ON FEDERAL consideration of, a resolution described in LANDS paragraph (1), notwithstanding any rule or Sec. 201. Definitions. U.S.-CHINA RELATIONS ACT OF 2000 precedent of the Senate, including Rule 22, it Sec. 202. General limitation on use of is at any time thereafter in order (even project funds. though a previous motion to the same effect Sec. 203. Submission of project proposals. FEINGOLD AMENDMENT NO. 4138 has been disagreed to) for any Member of the Sec. 204. Evaluation and approval of projects respective House to move to proceed to the by Secretary concerned. Mr. FEINGOLD proposed an amend- consideration of the resolution, and all Sec. 205. Resource advisory committees. ment to the bill, H.R. 4444, to authorize points of order against the resolution (and Sec. 206. Use of project funds. extension of non-discriminatory treat- against consideration of the resolution) are Sec. 207. Availability of project funds. ment (normal trade relations treat- waived. The motion is highly privileged in Sec. 208. Allocation of proceeds. the House of Representatives and is privi- ment) to the People’s Republic of Sec. 209. Termination of authority. leged in the Senate and is not debatable. The TITLE III—COUNTY PROJECTS China, and to establish a framework motion is not subject to amendment, or to a for relations between the United States motion to postpone, or to a motion to pro- Sec. 301. Definitions. and the People’s Republic of China; as ceed to the consideration of other business. Sec. 302. Use of County Funds. Sec. 303. Termination of Authority. follows: A motion to reconsider the vote by which the motion is agreed to or disagreed to shall TITLE IV—MISCELLANEOUS PROVISIONS On page 44, beginning on line 4, strike all not be in order. If a motion to proceed to the through page 45, line 12, and insert the fol- Sec. 401. Authorization of appropriations. consideration of the resolution is agreed to, lowing: Sec. 402. Treatment of funds and revenues. the resolution shall remain the unfinished Sec. 403. Regulations. (g) ANNUAL REPORTS.—The Commission business of the respective House until dis- Sec. 404. Conforming amendments. shall issue a report to the President and the posed of. Congress not later than 12 months after the TITLE V—THE MINERAL REVENUE PAYMENTS (4) The provisions of paragraphs (1) CLARIFICATION ACT OF 2000 date of the enactment of this Act, and not through (3) are enacted by later than the end of each 12-month period Sec. 501. Short Title. Sec. 502. Findings. thereafter, setting forth the findings of the SECURE RURAL SCHOOLS AND Commission during the preceding 12-month Sec. 503. Amendment of the Mineral Leasing period, in carrying out subsections (a) COMMUNITY SELF-DETERMINA- Act. through (c). The Commission’s report shall TION ACT OF 1999 SEC. 2. FINDINGS AND PURPOSE. contain recommendations for legislative or (a) FINDINGS.—The Congress finds the fol- executive action, including recommenda- lowing: tions indicating whether or not a change in CRAIG (AND WYDEN) AMENDMENT (1) The National Forest System, which is China’s trade status is merited. NO. 4139 managed by the United States Forest Serv- (h) SPECIFIC INFORMATION IN ANNUAL RE- Mr. CRAIG (for himself, and Mr. ice, was established in 1907 and has grown to PORTS.—The Commission’s report under sub- WYDEN) proposed an amendment to the include approximately 192,000,000 acres of section (g) shall include specific information bill, S. 1608, to provide annual pay- Federal lands. as to the nature and implementation of laws (2) The public domain lands known as re- or policies concerning the rights set forth in ments to the States and counties from vested Oregon and California Railroad grant paragraphs (1) through (12) of subsection (a), National Forest System lands managed lands and the reconveyed Coos Bay Wagon and as to restrictions applied to or discrimi- by the Forest Service, and the revested Road grant lands, which are managed pre- nation against persons exercising any of the Oregon and California Railroad and re- dominantly by the Bureau of Land Manage- rights set forth in such paragraphs. conveyed Coos Bay Wagon Road grant ment were returned to Federal ownership in (i) CONGRESSIONAL PRIORITY PROCEDURES.— lands managed predominately by the 1916 and 1919 and now comprise approxi- (1) INTRODUCTION AND REFERRAL OF RESOLU- Bureau of Land Management, for use mately 2,600,000 acres of Federal lands. TIONS.— by the counties in which the lands are (3) Congress recognized that, by its deci- (A) IN GENERAL.—Not later than 10 session situated for the benefit of the public sion to secure these lands in Federal owner- days after receipt of the Commission’s report schools, roads, emergency and other ship, the counties in which these lands are by a House of Congress, the Majority Leader situated would be deprived of revenues they of that House shall introduce a joint resolu- public purposes; to encourage and pro- would otherwise receive if the lands were tion in that House providing for the imple- vide new mechanisms for cooperation held in private ownership. mentation of such recommendations of the between counties and the Forest Serv- (4) These same counties have expended Commission’s report as require statutory im- ice and the Bureau of Land Manage- public funds year after year to provide serv- plementation. In the case of the Senate, such ment to make necessary investments ices, such as education, road construction resolution shall be referred to the Com- in Federal lands, and reaffirm the posi- and maintenance, search and rescue, law en- mittee on Foreign Relations and, in the case tive connection between Federal Lands forcement, waste removal, and fire protec- of the House of Representatives, such resolu- counties and Federal Lands; and for tion, that directly benefit these Federal tion shall be referred to the Committee on other purposes; as follows: lands and people who use these lands. International Relations. In the consideration (5) To accord a measure of compensation to Strike all after the enacting clause and in- of resolutions referred under this subpara- the affected counties for the critical services sert the following: graph, such committees shall hold hearings they provide to both county residents and on the contents of the Commission’s report SECTION 1. SHORT TITLE; TABLE OF CONTENTS. visitors to these Federal lands, Congress de- (a) SHORT TITLE.—This Act may be cited as and the recommendations contained therein termined that the Federal Government the ‘‘Secure Rural Schools and Community for the purpose of receiving testimony from should share with these counties a portion of Self-Determination Act of 2000’’. Members of Congress, and such appropriate the revenues the United States receives from (b) TABLE OF CONTENTS.—The table of con- representatives of Federal departments and tents of this Act is as follows: these Federal lands. agencies, and interested persons and groups, Sec. 1. Short title; table of contents. (6) Congress enacted in 1908 and subse- as the committees deem advisable. Sec. 2. Findings and purpose. quently amended a law that requires that 25 (B) SESSION DAY DEFINED.—The term ‘‘ses- Sec. 3. Definitions. percent of the revenues derived from Na- sion day’’ means, with respect to a House of Sec. 4. Conforming Amendment. tional Forest System lands be paid to States Congress, any day on which the House of TITLE I—SECURE PAYMENTS FOR STATES AND for use by the counties in which the lands Congress is in session. COUNTIES CONTAINING FEDERAL LANDS are situated for the benefit of public schools (2) PROCEDURE FOR DISCHARGE OF COMMIT- Sec. 101. Determination of full payment and roads. TEES.—If the committee to which is referred amount for eligible States and (7) Congress enacted in 1937 and subse- such resolution has not reported such resolu- counties. quently amended a law that requires that 75 tion at the end of 15 calendar days after its Sec. 102. Payments to States from Forest percent of the revenues derived from the re- introduction, such committee shall be dis- Service lands for use by coun- vested and reconveyed grant lands be paid to charged from further consideration of such ties to benefit public education the counties in which those lands are situ- resolution and such resolution shall be and transportation. ated to be used as are other county funds, of placed on the appropriate calendar of the Sec. 103. Payments to counties from Bureau which 50 percent is to be used as other coun- House involved. of Land Management lands for ty funds. (3) MOTION TO PROCEED.—When the com- use to benefit public safety, law (8) For several decades primarily due to mittee to which a resolution is referred has enforcement, education, and the growth of the federal timber sale pro- reported, or has been deemed to be dis- other public purposes. gram, counties dependent on and supportive

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17944 CONGRESSIONAL RECORD—SENATE September 13, 2000 of these Federal lands received and relied on ning Act of 1974 (16 U.S.C. 1609(a)) exclusive received a 50-percent payment during the eli- increasing shares of these revenues to pro- of the National Grasslands and land utiliza- gibility period an amount equal to the aver- vide funding for schools and road mainte- tion projects designated as National Grass- age of the three highest 50-percent payments nance. lands administered pursuant to the Act of and safety net payments made to that eligi- (9) In recent years, the principal source of July 22, 1937 (7 U.S.C. 1010–10912); and ble county for the fiscal years of the eligi- these revenues, Federal timber sales, has (B) Such portions of the revested Oregon bility period. been sharply curtailed and, as the volume of and California Railroad and reconveyed Coos (b) ANNUAL ADJUSTMENT.—For each fiscal timber sold annually from most of the Fed- Bay Wagon Road grant lands as are or may year in which payments are required to be eral lands has decreased precipitously, so too hereafter come under the jurisdiction of the made to eligible States and eligible counties have the revenues shared with the affected Department of the Interior, which have here- under this title, the Secretary of the Treas- counties. tofore or may hereafter be classified as ury shall adjust the full payment amount for (10) This decline in shared revenues has af- timberlands, and power-site lands valuable the previous fiscal year for each eligible fected educational funding and road mainte- for timber, that shall be managed, except as State and eligible county to reflect 50 per- nance for many counties. provided in 43 U.S.C. 1181c of this title, for cent of the changes in the consumer price (11) In the Omnibus Budget Reconciliation permanent forest production. index for rural areas (as published in the Bu- Act of 1993, Congress recognized this trend (2) ELIGIBILITY PERIOD.—The term ‘‘eligi- reau of Labor Statistics) that occur after and ameliorated its adverse consequences by bility period’’ means fiscal year 1986 through publication of that index for fiscal year 2000. providing an alternative annual safety net fiscal year 1999. SEC. 102. PAYMENTS TO STATES FROM NATIONAL payment to 72 counties in Oregon, Wash- (3) ELIGIBLE COUNTY.—The term ‘‘eligible FOREST SYSTEM LANDS FOR USE BY ington, and northern California in which county’’ means a county that received 50– COUNTIES TO BENEFIT PUBLIC EDU- Federal timber sales had been restricted or percent payments for one or more fiscal CATION AND TRANSPORTATION. prohibited by administrative and judicial de- years of the eligibility period or a county (a) PAYMENT AMOUNTS.—The Secretary of cisions to protect the northern spotted owl. that received a portion of an eligible State’s the Treasury shall pay an eligible State the (12) The authority for these particular 25–percent payments for one or more fiscal sum of the amounts elected under subsection safety net payments is expiring and no com- years of the eligibility period. The term in- (b) by each eligible county for either— parable authority has been granted for alter- cludes a county established after the date of (1) the 25-percent payment under the Act of native payments to counties elsewhere in the the enactment of this Act so long as the May 23, 1908, as amended (16 U.S.C. 500), or United States that have suffered similar county includes all or a portion of a county (2) The full payment amount in place of losses in shared revenues from the Federal described in the preceding sentence. the 25-percent payment. lands and in the funding for schools and (4) ELIGIBLE STATE.—The term ‘‘eligible (b) ELECTION TO RECEIVE PAYMENT roads those revenues provide. State’’ means a State that received 25–per- AMOUNT.— (13) There is a need to stabilize education cent payments for one or more fiscal years of (1) The election to receive either the full and road maintenance funding through pre- the eligibility period. payment amount or the 25 percent payment dictable payments to the affected counties, (5) FULL PAYMENT AMOUNT.—The term ‘‘full shall be made at the discretion of each af- job creation in those counties, and other op- payment amount’’ means the amount cal- fected county and transmitted to the Sec- portunities associated with restoration, culated for each eligible State and eligible retary by the Governor of a State. (2) A county election to receive the 25–per- maintenance, and stewardship of federal county under section 101. cent payment shall be effective for two fiscal lands. (6) 25-PERCENT PAYMENTS.—The term ‘‘25- years. (14) Both the Forest Service and the Bu- percent payments’’ means the payments to (3) When a county elects to receive the full reau of Land Management face significant States required by the sixth paragraph under payment amount, such election shall be ef- backlogs in infrastructure maintenance and the heading of ‘‘FOREST SERVICE’’ in the fective for all the subsequent fiscal years ecosystem restoration that are difficult to Act of May 23, 1908 as amended (16 U.S.C. through fiscal year 2006. address through annual appropriations. 500). (4) The payment to an eligible State under (15) There is a need to build new, and (7) 50-PERCENT PAYMENTS.—The term ‘‘50- this subsection for a fiscal year shall be de- strengthen existing, relationships and to im- percent payments’’ means the payments that rived from any revenues, fees, penalties, or prove management of public lands and wa- are the sum of the 50-percent share otherwise miscellaneous receipts, exclusive of deposits ters. paid to a county pursuant to title II of the to any relevant trust fund, or special ac- (b) PURPOSES.—The purposes of this Act Act of August 28, 1937 (chapter 876; 50 Stat. counts, received by the Federal Government are— 875; 43 U.S.C. 1181f), and the payment made from activities by the Forest Service on the (1) to stabilize and make permanent pay- to a county pursuant to the Act of May 24, Federal lands described in subsection 3(1)(A) ments to counties to provide funding for 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– and to the extent of any shortfall, out of any schools and roads; 1 et seq.). funds in the Treasury not otherwise appro- (2) to make additional investments in, and (8) SAFETY NET PAYMENTS.—The term priated. create additional employment opportunities ‘‘safety net payments’’ means the special (c) DISTRIBUTION AND EXPENDITURE OF PAY- through, projects that improve the mainte- payment amounts paid to States and coun- MENTS.— nance of existing infrastructure, implement ties required by section 13982 or 13983 of the (1) DISTRIBUTION METHOD.—A State that re- stewardship objectives that enhance forest Omnibus Budget Reconciliation Act of 1993 ceives a payment under subsection (b) shall ecosystems, and restore and improve land (Public Law 103–66; 16 U.S.C. 500 note; 43 distribute the payment among all eligible health and water quality. Such projects shall U.S.C. 1181f note). counties in the State in accordance with the enjoy broad-based support with objectives SEC. 4. CONFORMING AMENDMENT. Act of May 23, 1908 as amended. that may include, but are not limited to: Section 6903(a)(1)(C) of title 31, United (2) EXPENDITURE PURPOSES.—Subject to States Code, is amended by adding after ‘‘(16 (A) Road, trail, and infrastructure mainte- subsection (d), payments received by a State U.S.C. 500)’’ the following: ‘‘or the Secure nance or obliteration; under subsection (b) and distributed to eligi- (B) Soil productivity improvement; Rural Schools and Community Self-Deter- ble counties shall be expended as required by (C) Improvements in forest ecosystem mination Act of 2000’’. 16 U.S.C. 500. health; TITLE I—SECURE PAYMENTS FOR (d) EXPENDITURE RULES FOR ELIGIBLE (D) Watershed restoration and mainte- STATES AND COUNTIES CONTAINING COUNTIES.— nance; FEDERAL LANDS (1) IN GENERAL.—If an eligible county (E) Restoration, maintenance and improve- SEC. 101. DETERMINATION OF FULL PAYMENT elects to receive its share of the full pay- ment of wildlife and fish habitat; AMOUNT FOR ELIGIBLE STATES AND ment amount— (F) Control of noxious and exotic weeds; COUNTIES. (A) not less than 80 percent but not more and (a) CALCULATION REQUIRED.— than 85 percent of the funds shall be ex- (G) Reestablishment of native species; (1) ELIGIBLE STATES.—For fiscal years 2001 pended in the same manner in which the 25- (3) to improve cooperative relationships through 2006, the Secretary of the Treasury percent payments are required to be ex- among the people that use and care for Fed- shall calculate for each eligible State that pended; and eral lands and the agencies that manage received a 25-percent payment during the eli- (B) at the election of an eligible county, these lands. gibility period an amount equal to the aver- the balance of the funds not expended pursu- SEC. 3. DEFINITIONS. age of the three highest 25-percent payments ant to subparagraph (A) shall: In this Act: and safety net payments made to that eligi- (i) be reserved for projects in accordance (1) FEDERAL LANDS.—The term ‘‘Federal ble State for the fiscal years of the eligi- with title II; lands’’ means— bility period. (ii) be spent in accordance with title III; or (A) lands within the National Forest Sys- (2) BLM COUNTIES.—For fiscal years 2001 (iii) be returned to the General Treasury in tem, as defined in section 11(a) of the Forest through 2006, the Secretary of the Treasury accordance with section 402(b). and Rangeland Renewable Resources Plan- shall calculate for each eligible county that (2) DISTRIBUTION OF FUNDS.—

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(A) Funds reserved by an eligible county (2) DISTRIBUTION OF FUNDS.— SEC. 203. SUBMISSION OF PROJECT PROPOSALS. under paragraph (1)(B)(i) shall be deposited (A) Funds reserved by an eligible county (a) SUBMISSION OF PROJECT PROPOSALS TO in a special account in the Treasury of the under paragraph (1)(B)(i) shall be deposited SECRETARY CONCERNED.— United States and shall be available for ex- in a special account in the Treasury of the (1) PROJECTS FUNDED USING PROJECT penditure by the Secretary of Agriculture, United States and shall be available for ex- FUNDS.—Not later than September 30 for fis- without further appropriation, and shall re- penditure by the Secretary of the Interior, cal year 2001, and each September 30 there- main available until expended in accordance without further appropriation, and shall re- after for each succeeding fiscal year through with title II. main available until expended in accordance fiscal year 2006, each resource advisory com- (B) Funds reserved by an eligible county with title II. mittee shall submit to the Secretary con- under paragraph (1)(B)(ii) shall be available (B) Funds reserved by an eligible county cerned a description of any projects that the for expenditure by the county and shall re- under paragraph (1)(B)(ii) shall be available resource advisory committee proposes the main available, until expended, in accord- for expenditure by the county and shall re- Secretary undertake using any project funds ance with title III. main available, until expended, in accord- reserved. (3) ELECTION.— ance with title III. (2) PROJECTS FUNDED USING OTHER FUNDS.— (3) ELECTION.—An eligible county shall no- (A) IN GENERAL.—An eligible county shall A resource advisory committee may submit tify the Secretary of the Interior of its elec- notify the Secretary of Agriculture of its to the Secretary concerned a description of tion under this subsection not later than election under this subsection not later than any projects that the committee proposes September 30 of each fiscal year under sub- September 30 of each fiscal year. If the eligi- the Secretary undertake using funds from section (b). If the eligible county fails to ble county fails to make an election by that state or local governments, or from the pri- make an election by that date, the county is date, the county is deemed to have elected to vate sector, other than project funds and deemed to have elected to expend 85 percent expend 85 percent of the funds to be received funds appropriated and otherwise available on the funds received under subsection (b) in under subsection (b) in the same manner in to do similar work. the same manner in which the 50-percent which the 25-percent payments are required (3) JOINT PROJECTS.—Participating coun- payments are required to be expended and to be expended, and shall remit the balance ties or other persons may propose to pool shall remit the balance to the Treasury of to the Treasury of the United States in ac- project funds or other funds, described in the United States in accordance with section cordance with section 402(b). paragraph (2), and jointly propose a project 402(b). (B) COUNTIES WITH MINOR DISTRIBUTIONS.— or group of projects to a resource advisory Notwithstanding any adjustment made pur- TITLE II—SPECIAL PROJECTS ON committee established under section 205. FEDERAL LANDS suant to Section 101(b) in the case of each el- (b) REQUIRED DESCRIPTION OF PROJECTS.— igible county to which less than $100,000 is SEC. 201. DEFINITIONS. In submitting proposed projects to the Sec- distributed for any fiscal year pursuant to In this title: retary concerned under subsection (a), a re- subsection (b), the eligible county may elect (1) PARTICIPATING COUNTY.—The term ‘par- source advisory committee shall include in to expend all such funds in accordance with ticipating county’ means an eligible county the description of each proposed project the subsection (c)(2). that— following information: (A) receives Federal funds pursuant to sec- SEC. 103. PAYMENTS TO COUNTIES FROM BU- (1) The purpose of the project and a de- REAU OF LAND MANAGEMENT tion 102(b)(1) or 103(b)(1); and scription of how the project will meet the (B) elects under sections 102(d)(1)(B)(i) or LANDS FOR USE TO BENEFIT PUBLIC purposes of this Act. 103(c)(1)(B)(i) to expend a portion of those SAFETY, LAW ENFORCEMENT, EDU- (2) The anticipated duration of the project. CATION, AND OTHER PUBLIC PUR- funds in accordance with this title. (3) The anticipated cost of the project. POSES. (2) PROJECT FUNDS.—The term ‘project (a) The Secretary of the Treasury shall pay funds’ means all funds an eligible county (4) The proposed source of funding for the an eligible county either— elects under sections 102 (d)(1)(B)(i) and 103 project, whether project funds or other (1) the 50-percent payment under the Act of (c)(1)(B)(i) to reserve for expenditure in ac- funds. August 28, 1937, as amended (43 U.S.C. 1181f) cordance with this title. (5) Expected outcomes, including how the or the Act of May 24, 1939 (43 U.S.C. 1181f–1) (3) RESOURCE ADVISORY COMMITTEE.—The project will meet or exceed desired ecologi- as appropriate, or term ‘resource advisory committee’ means cal conditions, maintenance objectives, or (2) the full payment amount in place of the an advisory committee established by the stewardship objectives, as well as an esti- 50-percent payment. Secretary concerned under section 205, or de- mation of the amount of any timber, forage, (b) ELECTION TO RECEIVE PAYMENT termined by the Secretary concerned to and other commodities and other economic AMOUNT.— meet the requirements of section 205. activity, including jobs generated, if any, an- (1) The election to receive the full payment (4) RESOURCE MANAGEMENT PLAN.—The ticipated as part of the project. amount shall be made at the discretion of term ‘resource management plan’ means a (6) A detailed monitoring plan, including the county. Once the election is made, it land use plan prepared by the Bureau of funding needs and sources, that tracks and shall be effective for the fiscal year in which Land Management for units of the Federal identifies the positive or negative impacts of the election is made and all subsequent fis- lands described in section 3(1)(B) pursuant to the project, implementation, and provides cal years through fiscal year 2006. section 202 of the Federal Land Policy and for validation monitoring. The monitoring (2) The payment to an eligible county Management Act of 1976 (43 U.S.C. 1712) or a plan shall include an assessment of the fol- under this subsection for a fiscal year shall land and resource management plan prepared lowing: whether or not the project met or ex- be derived from any revenues, fees, penalties, by the Forest Service for units of the Na- ceeded desired ecological conditions; created or miscellaneous receipts, exclusive of depos- tional Forest System pursuant to section 6 local employment or training opportunities, its to any relevant trust fund, or permanent of the Forest and Rangeland Renewable Re- including summer youth jobs programs such operating funds, received by the Federal sources Planning Act of 1974 (16 U.S.C. 1604). as the Youth Conservation Corps where ap- Government from activities by the Bureau of (5) SECRETARY CONCERNED.—The term ‘Sec- propriate; and whether the project improved Land Management on the Federal Lands de- retary concerned’ means the Secretary of the the use of, or added value to, any products scribed in subsection 3(1)(B) and to the ex- Interior or his designee with respect to the removed from lands consistent with the pur- tent of any shortfall, out of any funds in the Federal lands described in section 3(1)(B) and poses of this Act. Treasury not otherwise appropriated. the Secretary of Agriculture or his designee (7) An assessment that the project is to be (c) EXPENDITURE RULES FOR ELIGIBLE COUN- with respect to the Federal lands described in the public interest. TIES.— in section 3(1)(A). (c) AUTHORIZED PROJECTS.—Projects pro- (1) IN GENERAL.—Of the funds to be paid to SEC. 202. GENERAL LIMITATION ON USE OF posed under subsection (a) shall be con- an eligible county pursuant to subsection PROJECT FUNDS. sistent with section 2(b). (b)— Project funds shall be expended solely on SEC. 204. EVALUATION AND APPROVAL OF (A) Not less than 80 percent but not more projects that meet the requirements of this PROJECTS BY SECRETARY CON- than 85 percent of the funds distributed to title. Project funds may be used by the Sec- CERNED. the eligible county shall be expended in the retary concerned for the purpose of entering (a) CONDITIONS FOR APPROVAL OF PROPOSED same manner in which the 50-percent pay- into and implementing cooperative agree- PROJECT.—The Secretary concerned may ments are required to be expended; and ments with willing federal agencies, state make a decision to approve a project sub- (B) At the election of an eligible county, and local governments, private and nonprofit mitted by a resource advisory committee the balance of the funds not expended pursu- entities, and landowners for protection, res- under section 203 only if the proposed project ant to subparagraph (A) shall: toration and enhancement of fish and wild- satisfies each of the following conditions: (i) be reserved for projects in accordance life habitat, and other resource objectives (1) The project complies with all applicable with title II; consistent with the purposes of this title on Federal laws and regulations. (ii) be spent in accordance with title III; or Federal land and on non-Federal land where (2) The project is consistent with the appli- (iii) be returned to the General Treasury in projects would benefit these resources on cable resource management plan and with accordance with section 402(b). Federal land. any watershed or subsequent plan developed

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pursuant to the resource management plan (C) The past experience by the contractor (b) DUTIES.—A resource advisory com- and approved by the Secretary concerned. with the type of work being done, using the mittee shall— (3) The project has been approved by the type of equipment proposed for the project, (1) review projects proposed under this resource advisory committee in accordance and meeting or exceeding desired ecological title and under title III by participating with section 205, including the procedures conditions. counties and other persons; issued under subsection (e) of such section. (D) The commitment of the contractor to (2) propose projects and funding to the Sec- (4) A project description has been sub- hiring highly qualified workers and local retary concerned under section 203 and to mitted by the resource advisory committee residents. the participating county under title III; to the Secretary concerned in accordance (3) MERCHANTABLE MATERIALS SALES CON- (3) provide early and continuous coordina- with section 203. TRACTING PILOT PROJECTS.— tion with appropriate land management (5) The project will improve the mainte- (A) ESTABLISHMENT.—The Secretary con- agency officials in recommending projects nance of existing infrastructure, implement cerned shall establish a pilot program re- consistent with purposes of this Act under stewardship objectives that enhance forest garding the sale of merchantable material this title and title III; and ecosystems, and restore and improve land under this title. Such a program shall ensure (4) provide frequent opportunities for citi- health and water quality. that, on an annual basis, no less than 75 per- zens, organizations, Tribes, land manage- (b) ENVIRONMENTAL REVIEWS.— cent of all projects involving merchantable ment agencies, and other interested parties (1) PAYMENT OF REVIEW COSTS.— material shall be implemented using sepa- (A) REQUEST FOR PAYMENT BY COUNTY.—The to participate openly and meaningfully, be- rate contracts for— Secretary concerned may request the re- ginning at the early stages of the project de- (i) the harvesting or collection of mer- source advisory committee submitting a pro- velopment process under this title and title chantable material; and III. posed project to agree to the use of project (ii) the sale of such material. (c) APPOINTMENT BY THE SECRETARY.— funds to pay for any environmental review, (B) DURATION AND EXTENT.— (1) APPOINTMENT AND TERM.—The Secretary consultation, or compliance with applicable (i) The Secretary concerned shall ensure concerned, shall appoint the members of re- environmental laws required in connection that, on an annual basis beginning in fiscal source advisory committees for a term of 3 with the project. When such a payment is re- year 2001, no less than 75 percent of projects years beginning on the date of appointment. quested and the resource advisory committee involving merchantable material shall be in- The Secretary concerned may reappoint agrees to the expenditure of funds for this cluded in the pilot program. purpose, the Secretary concerned shall con- (ii) Not later than September 30, 2003, the members to subsequent 3-year terms. duct environmental review, consultation, or Government Accounting Office (GAO) shall (2) BASIC REQUIREMENTS.—The Secretary other compliance responsibilities in accord- submit a report to the Senate Energy and concerned shall ensure that each resource ance with federal law and regulations. Natural Resources Committee, the House of advisory committee established meets the (B) EFFECT OF REFUSAL TO PAY.—If a re- Representatives Agriculture Committee and requirements of subsection (d). source advisory committee does not agree to the House of Representatives Resources (3) INITIAL APPOINTMENT.—The Secretary the expenditure of funds under subparagraph Committee assessing the pilot program. concerned shall make initial appointments (A), the project shall be deemed withdrawn (iii) If the GAO determines that the pilot to the resource advisory committees not from further consideration by the Secretary program is ineffective at that time, then the later than 180 days after the date of the en- concerned pursuant to this title. Such a Secretary concerned shall ensure that, on an actment of this Act. withdrawal shall be deemed to be a rejection annual basis beginning in fiscal year 2004, no (4) VACANCIES.—The Secretary concerned of the project for purposes of section 207(c). less than 50 percent of projects involving shall make appointments to fill vacancies on (c) DECISIONS OF SECRETARY CONCERNED.— merchantable material shall be implemented any resource advisory committee as soon as (1) REJECTION OF PROJECTS.—A decision by practicable after the vacancy has occurred. the Secretary concerned to reject a proposed using separate contracts. (f) REQUIREMENTS FOR PROJECT FUNDS.— (5) COMPENSATION.—Members of the re- project shall be at the Secretary’s sole dis- The Secretary shall ensure that at least 50 source advisory committees shall not receive cretion. Notwithstanding any other provi- percent of all project funds be used for any compensation. sion of law, a decision by the Secretary con- projects that are primarily dedicated to the (d) COMPOSITION OF ADVISORY COMMITTEE.— cerned to reject a proposed project shall not following purposes: (1) NUMBER.—Each resource advisory com- be subject to administrative appeal or judi- (1) road maintenance, decommissioning or mittee shall be comprised of 15 members. cial review. Within 30 days after making the obliteration; and (2) COMMUNITY INTERESTS REPRESENTED.— rejection decision, the Secretary concerned (2) restoration of streams and watersheds. Committee members shall be representative shall notify in writing the resource advisory of the interests of the following three cat- committee that submitted the proposed SEC. 205. RESOURCE ADVISORY COMMITTEES. (a) ESTABLISHMENT AND PURPOSE OF RE- egories: project of the rejection and the reasons for SOURCE ADVISORY COMMITTEES.— (A) 5 persons who— rejection. (1) ESTABLISHMENT.—The Secretary con- (i) represent organized labor; (2) NOTICE OF PROJECT APPROVAL.—The Sec- cerned shall establish and maintain a re- (ii) represent developed outdoor recreation, retary concerned shall publish in the Federal off highway vehicle users, or commercial Register notice of each project approved source advisory committees to perform the duties in subsection (b), except as provided recreation activities; under subsection (a) if such notice would be (iii) represent energy and mineral develop- required had the project originated with the in paragraph (4). (2) PURPOSE.—The purpose of a resource ad- ment interests; Secretary. visory committee shall be to improve col- (iv) represent the commercial timber in- (d) SOURCE AND CONDUCT OF PROJECT.— dustry; or Once the Secretary concerned accepts a laborative relationships and to provide ad- (v) hold Federal grazing permits, or other project for review under section 203, it shall vice and recommendations to the land man- land use permits within the area for which be deemed a federal action for all purposes. agement agencies consistent with the pur- the committee is organized. (e) IMPLEMENTATION OF APPROVED poses of this Act. (B) 5 persons representing— PROJECTS.— (3) ACCESS TO RESOURCE ADVISORY COMMIT- (1) COOPERATION.—Notwithstanding chap- TEES.—To ensure that each unit of Federal (i) nationally recognized environmental or- ter 63 of title 31, United States Code, using land has access to a resource advisory com- ganizations; project funds the Secretary concerned may mittee, and that there is sufficient interest (ii) regionally or locally recognized envi- enter into contracts, grants, and cooperative in participation on a committee to ensure ronmental organizations; agreements with States and local govern- that membership can be balanced in terms of (iii) dispersed recreational activities; ments, private and nonprofit entities, and the points of view represented and the func- (iv) archeological and historical interests; landowners and other persons to assist the tions to be performed, the Secretary con- or Secretary in carrying out an approved cerned may, establish resource advisory (v) nationally or regionally recognized wild project. committees for part of, or one or more, units horse and burro interest groups. (2) BEST VALUE CONTRACTING.—For any of Federal lands. (C) 5 persons who— project involving a contract authorized by (4) EXISTING ADVISORY COMMITTEES.—Exist- (i) hold state elected office or their des- paragraph (1) the Secretary concerned may ing advisory committees meeting the re- ignee, elect a source for performance of the con- quirements of this section may be deemed by (ii) hold county or local elected office; tract on a best value basis. The Secretary the Secretary concerned, as a resource advi- (iii) represent American Indian tribes concerned shall determine best value based sory committee for the purposes of the title. within or adjacent to the area for which the on such factors as: The Secretary of the Interior may deem a re- committee is organized. (A) The technical demands and complexity source advisory committee meeting the re- (iv) are school officials or teachers; or of the work to be done. quirements of part 1780, subpart 1784 of title (v) represent the affected public at large. (B) The ecological objectives of the project 43, Code of Federal Regulations, as a re- (3) BALANCED REPRESENTATION.—In ap- and the sensitivity of the resources being source advisory committee for the purposes pointing committee members from the three treated. of this title. categories in paragraph (2), the Secretary

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17947 concerned shall provide for balanced and (A) in the case of a project to be completed TITLE III—COUNTY PROJECTS broad representation from within each cat- in a single fiscal year, the total amount SEC. 301. DEFINITIONS. egory. specified in the agreement to be paid using In this title: (4) GEOGRAPHIC DISTRIBUTION.—The mem- project funds, or other funds described in (1) PARTICIPATING COUNTY.—The term ‘‘par- bers of a resource advisory committee shall section 203(a)(2); or ticipating county’’ means an eligible county reside within the state in which the com- (B) in the case of a multi-year project, the that— mittee has geographic jurisdiction. amount specified in the agreement to be paid (A) receives Federal funds pursuant to sec- (5) CHAIRPERSON.—A majority on each re- using project funds, or other funds described tion 102(b)(1) or 103(b)(1); and source advisory committee shall select the in section 203(a)(2) for the first fiscal year. (B) elects under sections 102(d)(1)(B)(ii) or chairperson of the committee. (2) CONDITION ON PROJECT COMMENCEMENT.— 103(c)(1)(B)(ii) to expend a portion of those (e) APPROVAL PROCEDURES.— The unit of National Forest System lands or funds in accordance with this title. (1) Subject to paragraph (2), each resource BLM District concerned, shall not commence (2) COUNTY FUNDS.—The term ‘‘county advisory committee shall establish proce- a project until the project funds, or other funds’’ means all funds an eligible county dures for proposing projects to the Secretary funds described in section 203(a)(2) required elects under sections 102(d)(1)(B)(ii) and concerned under this title and the partici- to be transferred under paragraph (1) for the 103(c)(1)(B)(ii) to reserve for expenditure in pating county under title III. A quorum must project, have been made available by the accordance with this title. Secretary concerned. be present to constitute an official meeting SEC. 302. USE OF COUNTY FUNDS. (3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR of the committee. (a) LIMITATION OF COUNTY FUND USE.— (2) A project may be proposed by a resource PROJECTS.—For the second and subsequent fiscal years of a multi-year project to be County funds shall be expended solely on advisory committee to the Secretary con- projects that meet the requirements of this cerned under section 203(a), or to the partici- funded in whole or in part using project funds, the unit of National Forest System title and section 205 of this Act; except that: pating county under section 302, if it has the projects shall be approved by the partici- been approved by a majority of members of lands or BLM District concerned shall use the amount of project funds required to con- pating county rather than the Secretary the committee from each of the three cat- concerned. egories in subsection (d)(2). tinue the project in that fiscal year accord- (b) AUTHORIZED USES.— (f) OTHER COMMITTEE AUTHORITIES AND RE- ing to the agreement entered into under sub- (1) SEARCH, RESCUE, AND EMERGENCY SERV- QUIREMENTS.— section (a). The Secretary concerned shall ICES.—An eligible county or applicable sher- (1) STAFF ASSISTANCE.—A resource advisory suspend work on the project if the project iff’s department may use these funds as re- committee may submit to the Secretary con- funds required by the agreement in the sec- imbursement for search and rescue and other cerned a request for periodic staff assistance ond and subsequent years fiscal years are not emergency services, including fire fighting, from Federal employees under the jurisdic- available. performed on Federal lands and paid for by tion of the Secretary. SEC. 207. AVAILABILITY OF PROJECT FUNDS. the county. (2) MEETINGS.—All meetings of a resource (a) SUBMISSION OF PROPOSED PROJECTS TO (2) COMMUNITY SERVICE WORK CAMPS.—An advisory committee shall be announced at OBLIGATE FUNDS.—By September 30 of each eligible county may use these funds as reim- least one week in advance in a local news- fiscal year through fiscal year 2006, a re- bursement for all or part of the costs in- paper of record and shall be open to the pub- source advisory committee shall submit to curred by the county to pay the salaries and lic. the Secretary concerned pursuant to section benefits of county employees who supervise (3) RECORDS.—A resource advisory com- 203(a)(1) a sufficient number of project pro- adults or juveniles performing mandatory mittee shall maintain records of the meet- posals that, if approved, would result in the community service on Federal lands. ings of the committee and make the records obligation of at least the full amount of the (3) EASEMENT PURCHASES.—An eligible project funds reserved by the participating available for public inspection. county may use these funds to acquire— county in the preceding fiscal year. SEC. 206. USE OF PROJECT FUNDS. (A) easements, on a willing seller basis, to (b) USE OR TRANSFER OF UNOBLIGATED (a) AGREEMENT REGARDING SCHEDULE AND provide for non-motorized access to public FUNDS.—Subject to Section 209, if a resource COST OF PROJECT.— lands for hunting, fishing, and other rec- (1) AGREEMENT BETWEEN PARTIES.—The advisory committee fails to comply with subsection (a) for a fiscal year, any project reational purposes; Secretary concerned may carry out a project (B) conservation easements; or funds reserved by the participating county in submitted by a resource advisory committee (C) both. the preceding fiscal year and remaining un- under section 203(a) using project funds or (4) FOREST RELATED EDUCATIONAL OPPORTU- obligated shall be available for use as part of other funds described in section 203(a)(2), if, NITIES.—A county may use these funds to es- the project submissions in the next fiscal as soon as practicable after the issuance of a tablish and conduct forest-related after year. decision document for the project and the ex- school programs. (c) EFFECT OF REJECTION OF PROJECTS.— haustion of all administrative appeals and (5) FIRE PREVENTION AND COUNTY PLAN- Subject to Section 209, any project funds re- judicial review of the project decision, the NING.—A county may use these funds for: served by a participating county in the pre- Secretary concerned and the resource advi- (A) efforts to educate homeowners in fire- ceding fiscal year that are unobligated at the sory committee enter into an agreement ad- sensitive ecosystems about the consequences end of a fiscal year because the Secretary dressing, at a minimum, the following: of wildfires and techniques in home siting, (A) The schedule for completing the concerned has rejected one or more proposed home construction, and home landscaping project. projects shall be available for use as part of that can increase the protection of people (B) The total cost of the project, including the project submissions in the next fiscal and property from wildfires; and the level of agency overhead to be assessed year. (B) planning efforts to reduce or mitigate (d) EFFECT OF COURT ORDERS.—If an ap- against the project. the impact of development on adjacent fed- proved project under this Act is enjoined or (C) For a multi-year project, the estimated eral lands and to increase the protection of prohibited by a Federal court, the Secretary cost of the project for each of the fiscal years people and property from wildfires. concerned shall use unobligated project in which it will be carried out. (6) COMMUNITY FORESTRY.—A county may (D) The remedies for failure of the Sec- funds related to that project in the partici- use these funds towards non Federal cost- retary concerned to comply with the terms pating county or counties that reserved the share provisions of the Section 9 of the Coop- of the agreement consistent with current funds. The returned funds shall be available erative Forestry Assistance Act (Public Law Federal law. for the county to expend in the same manner 95–313). as the funds reserved by the county under (2) LIMITED USE OF FEDERAL FUNDS.—The SEC. 303. TERMINATION OF AUTHORITY. section 102(d)(1)(B) or 103(c)(1)(B), whichever Secretary concerned may decide, at the Sec- The authority to initiate projects under applies to the funds involved. retary’s sole discretion, to cover the costs of this title shall terminate on September 30, a portion of an approved project using Fed- SEC. 208. ALLOCATION OF PROCEEDS. 2006. Any county funds not obligated by Sep- The proceeds from any joint project under eral funds appropriated or otherwise avail- tember 30, 2007 shall be available to be ex- section 203(a)(3) using both federal and non- able to the Secretary for the same purposes pended by the county for the uses identified federal funds shall be equitably divided be- as the project. in Section 302(b). (b) TRANSFER OF PROJECT FUNDS.— tween the Treasury of the United States and TITLE IV—MISCELLANEOUS PROVISIONS (1) INITIAL TRANSFER REQUIRED.—As soon as the nonfederal funding source in direct pro- practicable after the agreement is reached portion to the contribution of funds to the SEC. 401. AUTHORIZATION OF APPROPRIATIONS. under subsection (a) with regard to a project overall cost of the project. There are hereby authorized to be appro- to be funded in whole or in part using project SEC. 209. TERMINATION OF AUTHORITY. priated such sums as may be necessary to funds, or other funds described in section The authority to initiate projects under carry out this Act for fiscal years 2001 203(a)(2), the Secretary concerned shall this title shall terminate on September 30, through 2006. transfer to the applicable unit of National 2006. Any project funds not obligated by Sep- SEC. 402. TREATMENT OF FUNDS AND REVENUES. Forest System lands or BLM District an tember 30, 2007, shall be deposited in the (a) Funds appropriated pursuant to the au- amount of project funds equal to— Treasury of the United States. thorization of appropriations in section 401

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17948 CONGRESSIONAL RECORD—SENATE September 13, 2000 and funds made available to a Secretary con- duced by any administrative or other costs Indian Affairs be authorized to hold a cerned under section 206 shall be in addition incurred by the United States.’’ business meeting on September 13, 2000, to any other annual appropriations for the Amend the title so as to read: ‘‘A bill to in the Russell Senate Office Building Forest Service and the Bureau of Land Man- provide stability and predictability to the room number 485, immediately fol- agement. annual payments made to States and coun- (b) All revenues generated from projects ties containing National Forest System lowing the 2:30 p.m. hearing on S. 2899, pursuant to Title II, any funds remitted by lands and public domain lands managed by where S. 2920, a bill to amend the In- counties pursuant to section 102 (d)(1)(B) or the Bureau of Land Management for the ben- dian Gaming Regulatory Act; S. 2688, a section 103(c)(1)(B), and any interest accrued efit of public schools and roads and to en- bill to amend the Native American from such funds shall be deposited in the hance the health, diversity and productivity Languages Act; and S. 2899, a bill to ex- Treasury of the United States. of federal lands.’’ press the policy of the United States SEC. 403. REGULATIONS. f regarding the United States’ relation- The Secretaries concerned may jointly AUTHORITY FOR COMMITTEES TO ship with Native Hawaiians, will be issue regulations to carry out the purposes considered. of this Act. MEET The PRESIDING OFFICER. Without SEC. 404. CONFORMING AMENDMENTS. COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. Sections 13982 and 13983 of the Omnibus AFFAIRS Budget Reconciliation Act of 1993 (Public COMMITTEE ON SMALL BUSINESS Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. Mr. ROTH. Mr. President, I ask unan- Mr. ROTH. Mr. President, I ask unan- 1181fnote) are repealed. imous consent that the Committee on imous consent that the Committee on TITLE V—THE MINERAL REVENUE Banking, Housing, and Urban Affairs Small Business be authorized to meet PAYMENTS CLARIFICATION ACT OF 2000 be authorized to meet during the ses- during the session of the Senate on sion of the Senate on Wednesday, Sep- SEC. 501. SHORT TITLE. Wednesday, September 13, 2000, begin- This Act may be cited as the ‘‘The Mineral tember 13, 2000, to conduct a sympo- ning at 9:30 a.m. in room 428A of the Revenue Payments Clarification Act of sium on circulating coin design. Russell Senate Office Building to hold 2000’’. The PRESIDING OFFICER. Without a roundtable entitled ‘‘What Is Con- SEC. 502. FINDINGS. objection, it is so ordered. tract Bundling?’’. The Congress finds the following: COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without (1) Subtitle C of title X of the Omnibus TRANSPORTATION objection, it is so ordered. Budget Reconciliation Act of 1993 (Public Mr. ROTH. Mr. President, I ask unan- SPECIAL COMMITTEE ON AGING Law 103–66) changed the sharing of onshore imous consent that the Committee on mineral revenues and revenues from geo- Mr. ROTH. Mr. President, I ask unan- thermal steam from a 50:50 split between the Commerce, Science, and Transpor- imous consent that the Special Com- Federal Government and the States to a tation be authorized to meet on mittee on Aging be authorized to meet complicated formula that entailed deducting Wednesday, September 13, 2000, at 9:30 Wednesday, September 13, 2000 from from the State share of leasing revenues ‘‘50 a.m. on marketing violence to chil- 10:30 a.m.–12:30 p.m. in Dirksen 608 for percent of the portion of the enacted appro- dren. priations of the Department of the Interior the purpose of conducting a hearing. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without and any other agency during the preceding objection, it is so ordered. fiscal year allocable to the administration of objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL all laws providing for the leasing of any on- SELECT COMMITTEE ON INTELLIGENCE RESOURCES shore lands or interest in land owned by the Mr. ROTH. Mr. President, I ask unan- Mr. ROTH. Mr. President I ask unan- United States for the production of the same imous consent that the Select Com- types of minerals leasable under this Act or imous consent that the Committee on mittee on Intelligence be authorized to of geothermal steam, and to enforcement of Energy and Natural Resources be au- meet during the session of the Senate such laws. . . .’’ thorized to meet during the session of on Wednesday, September 13, 2000 at (2) There is no legislative record to suggest the Senate on Wednesday, September 2:00 p.m. to hold a closed hearing on in- a sound public policy rationale for deducting 13, for purposes of conducting a Full prior-year administrative expenses from the telligence matters. Committee business meeting which is sharing of current-year receipts, indicating The PRESIDING OFFICER. Without scheduled to begin at 9:30 a.m. The pur- that this change was made primarily for objection, it is so ordered. budget scoring reasons. pose of this business meeting is to con- SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND (3) The system put in place by this change sider pending calendar business. WATER in law has proved difficult to administer and The PRESIDING OFFICER. Without Mr. ROTH. Mr. President, I ask unan- has given rise to disputes between the Fed- objection, it is so ordered. eral Government and the States as to the na- imous consent that the Subcommittee COMMITTEE ON FOREIGN RELATIONS ture of allocable expenses. Federal account- on Fisheries, Wildlife, and Water be au- ing systems have proven to be poorly suited Mr. ROTH. Mr. President, I ask unan- thorized to meet during the session of to breaking down administrative costs in the imous consent that the Committee on the Senate on Wednesday, September manner required by the law. Different Fed- Foreign Relations be authorized to 13, 9:30 a.m. to conduct a hearing to re- eral agencies implementing this law have meet during the session of the Senate ceive testimony on the Draft Biologi- used varying methodologies to identify allo- on Wednesday, September 13, 2000 at cal Opinions by the National Marine cable costs, resulting in an inequitable dis- 2:00 p.m. to hold a hearing. tribution of costs during fiscal years 1994 Fisheries Service and U.S. Fish and through 1996. In November, 1997, the Inspec- The PRESIDING OFFICER. Without Wildlife Service on the operation of the tor General of the Department of the Inte- objection, it is so ordered. Federal Columbia River Power System rior found that ‘‘the congressionally ap- COMMITTEE ON GOVERNMENTAL AFFAIRS and the Federal Caucus draft proved method for cost sharing deductions Mr. ROTH. Mr. President, I ask unan- Basinwide Salmon Recovery Strategy. effective in fiscal year 1997 may not accu- imous consent that the Committee on The PRESIDING OFFICER. Without rately compute the deductions.’’. Governmental Affairs be authorized to objection, it is so ordered. (4) Given the lack of a substantive ration- ale for the 1993 change in law and the com- meet on Wednesday, September 13, 2000 SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS plexity and administrative burden involved, at 9:00 a.m. for a hearing to consider Mr. ROTH. Mr. President, I ask unan- a return to the sharing formula prior to the the nominations of Gerald Fisher and imous consent that the Subcommittee enactment of the Omnibus Budget Reconcili- John Ramsey Johnson to be Associate on Forests and Public Lands of the ation Act of 1993 is justified. Judges of the Superior Court of the Committee on Energy and Natural Re- SEC. 503. AMENDMENT OF THE MINERAL LEAS- District of Columbia. sources be authorized to meet during ING ACT. The PRESIDING OFFICER. Without the session of the Senate on Wednes- Section 35(b) of the Mineral Leasing Act objection, it is so ordered. (30 U.S.C. sec. 191(b)) is amended to read as day, September 13, at 2:15 p.m. to con- follows: ‘‘(b) In determining the amount of COMMITTEE ON INDIAN AFFAIRS duct a hearing. The subcommittee will payments to the States under this section, Mr. ROTH. Mr. President, I ask unan- receive testimony on S. 2873, a bill to the amount of such payments shall not be re- imous consent that the Committee on provide for all right, title, and interest

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17949 in and to certain property in Wash- Sec. 1. Short title; table of contents. counties dependent on and supportive of these ington County, Utah, to be vested in Sec. 2. Findings and purpose. Federal lands received and relied on increasing the United States; H.R. 3676, a bill to Sec. 3. Definitions. shares of these revenues to provide funding for establish the Santa Rosa and San TITLE I—SECURE PAYMENTS FOR STATES schools and road maintenance. (9) In recent years, the principal source of Jacinto Mountains National Monument AND COUNTIES CONTAINING FEDERAL LANDS these revenues, Federal timber sales, has been in the State of California; and its com- sharply curtailed and, as the volume of timber panion, S. 2784, a bill entitled, ‘‘Santa Sec. 101. Determination of full payment amount for eligible States and counties. sold annually from most of the Federal lands Rosa and San Jacinto Mountains Na- Sec. 102. Payments to States from Forest Service has decreased precipitously, so too have the rev- tional Monument Act of 2000’’; S. 2865, lands for use by counties to ben- enues shared with the affected counties. a bill to designate certain land of the efit public education and trans- (10) This decline in shared revenues has af- National Forest System located in the portation. fected educational funding and road mainte- State of Virginia as wilderness; S. 2956 Sec. 103. Payments to counties from Bureau of nance for many counties. Land Management lands for use (11) In the Omnibus Budget Reconciliation and its companion bill, H.R. 4275, a bill Act of 1993, Congress recognized this trend and to establish the Colorado Canyons Na- to benefit public safety, law en- forcement, education, and other ameliorated its adverse consequences by pro- tional Conservation Area and the public purposes. viding an alternative annual safety net pay- Black Ridge Canyons Wilderness, and ment to 72 counties in Oregon, Washington, and TITLE II—SPECIAL PROJECTS ON FEDERAL northern California in which Federal timber for other purposes; and S. 2977, a bill to LANDS assist in the establishment of an inter- sales had been restricted or prohibited by ad- Sec. 201. Definitions. pretive center and museum in the vi- ministrative and judicial decisions to protect the Sec. 202. General limitation on use of project northern spotted owl. cinity of the Diamond Valley Lake in funds. (12) The authority for these particular safety southern California to ensure the pro- Sec. 203. Submission of project proposals. net payments is expiring and no comparable au- tection and interpretation of the pale- Sec. 204. Evaluation and approval of projects thority has been granted for alternative pay- ontology discoveries made at the lake by Secretary concerned. ments to counties elsewhere in the United States and to develop a trail system for the Sec. 205. Resource advisory committees. that have suffered similar losses in shared reve- lake for use by pedestrians and Sec. 206. Use of project funds. nues from the Federal lands and in the funding Sec. 207. Availability of project funds. nonomotorized vehicles. for schools and roads those revenues provide. The PRESIDING OFFICER. Without TITLE III—MISCELLANEOUS PROVISIONS (13) There is a need to stabilize education and objection, it is so ordered. Sec. 301. Authorization of appropriations. road maintenance funding through predictable Sec. 302. Treatment of funds and revenues. payments to the affected counties, job creation f Sec. 303. Regulations. in those counties, and other opportunities asso- SECURE RURAL SCHOOLS AND Sec. 304. Conforming amendments. ciated with restoration, maintenance, and stew- COMMUNITY SELF-DETERMINA- SEC. 2. FINDINGS AND PURPOSE. ardship of federal lands. (14) Both the Forest Service and the Bureau TION ACT OF 1999 (a) FINDINGS.—The Congress finds the fol- lowing: of Land Management face significant backlogs Mr. CRAIG. Mr. President, I am (1) The National Forest System, which is man- in infrastructure maintenance and ecosystem pleased my colleague from Oregon has aged by the United States Forest Service, was restoration that are difficult to address through joined with me on the floor as we now established in 1907 and has grown to include ap- annual appropriations. consider, by unanimous consent, a key proximately 192,000,000 acres of Federal lands. (15) There is a need to build new, and strengthen existing, relationships and to im- piece of legislation on which he, Sen- (2) The public domain lands known as re- vested Oregon and California Railroad grant prove management of public lands and waters. ator WYDEN, and I have been working. lands and the reconveyed Coos Bay Wagon (b) PURPOSES.—The purposes of this Act are— I ask unanimous consent the Senate Road grant lands, which are managed predomi- (1) to stabilize and make permanent payments now proceed to the consideration of nately by the Bureau of Land Management to counties to provide funding for schools and Calendar No. 520, S. 1608. were returned to Federal ownership in 1916 and roads; The PRESIDING OFFICER. The 1919 and now comprise approximately 2,600,000 (2) to make additional investments in, and clerk will report the bill by title. acres of Federal lands. create additional employment opportunities The assistant legislative clerk read (3) Congress recognized that, by its decision to through, projects that improve the maintenance of existing infrastructure, implement steward- as follows: secure these lands in Federal ownership, the counties in which these lands are situated ship objectives that enhance forest ecosystems, A bill (S. 1608) to provide annual payments would be deprived of revenues they would other- and restore and improve land health and water to the States and counties from National wise receive if the lands were held in private quality. Such projects shall enjoy broad-based Forest System lands managed by the Forest ownership. support with objectives that may include, but Service, and the revested Oregon and Cali- (4) These same counties have expended public are not limited to: fornia Railroad and reconveyed Coos Bay funds year after year to provide services, such (A) Road, trail, and infrastructure mainte- Wagon Road grant lands managed predomi- as education, road construction and mainte- nance or obliteration; nately by the Bureau of Land Management, nance, search and rescue, law enforcement, (B) Soil productivity improvement; for use by the counties in which the lands waste removal, and fire protection, that directly (C) Improvements in forest ecosystem health; are situated for the benefit of the public benefit these Federal lands and people who use (D) Watershed restoration and maintenance; schools, roads, emergency and other public these lands. (E) Restoration, maintenance and improve- purposes; to encourage and provide new (5) To accord a measure of compensation to ment of wildlife and fish habitat; mechanisms for cooperation between coun- the affected counties for the critical services (F) Control of noxious and exotic weeds; ties and the Forest Service and the Bureau they provide to both county residents and visi- (G) Reestablishment of native species; and of Land Management to make necessary in- tors to these Federal lands, Congress determined (H) General resource stewardship. vestments in Federal lands, and reaffirm the that the Federal Government should share with (3) to improve cooperative relationships among positive connection between Federal Lands these counties a portion of the revenues the the people that use and care for Federal lands counties and Federal Lands; and for other United States receives from these Federal lands. and the agencies that manage these lands. purposes. (6) Congress enacted in 1908 and subsequently SEC. 3. DEFINITIONS. There being no objection, the Senate amended a law that requires that 25 percent of In this Act: proceeded to consider the bill, which the revenues derived from National Forest Sys- (1) FEDERAL LANDS.—The term ‘‘Federal had been reported from the Committee tem lands be paid to States for use by the coun- lands’’ means— on Energy and Natural Resources, with ties in which the lands are situated for the ben- (A) lands within the National Forest System, as defined in section 11(a) of the Forest and an amendment to strike all after the efit of public schools and roads. (7) Congress enacted in 1937 and subsequently Rangeland Renewable Resources Planning Act enacting clause and insert in lieu amended a law that requires that 75 percent of of 1974 (16 U.S.C. 1609(a)) exclusive of the Na- thereof the following: the revenues derived from the revested and re- tional Grasslands administered pursuant to the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. conveyed grant lands be paid to the counties in Act of July 22, 1937 (7 U.S.C. 1010–10912); and (a) SHORT TITLE.—This Act may be cited as which those lands are situated to be used as are (B) the Oregon and California Railroad grant the ‘‘Secure Rural Schools and Community Self- other county funds, of which 50 percent is to be lands revested in the United States by the Act of Determination Act of 2000’’. used as other county funds. June 9, 1916 (chapter 137; 39 Stat. 218), Coos Bay (b) TABLE OF CONTENTS.—The table of con- (8) For several decades primarily due to the Wagon Road grant lands reconveyed to the tents of this Act is as follows: growth of the Federal timber sale program, United States by the Act of February 26, 1919

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00079 Fmt 0686 Sfmt 6333 E:\BR00\S13SE0.002 S13SE0 17950 CONGRESSIONAL RECORD—SENATE September 13, 2000 (chapter 47; 40 Stat. 1179), and subsequent addi- ginning in fiscal year 2000. The payment for a which less than $100,000 is distributed for any tions to such lands. fiscal year shall be made as soon as practicable fiscal year pursuant to subsection (c), the eligi- (2) ELIGIBILITY PERIOD.—The term ‘‘eligibility after the end of that fiscal year. ble county may elect to expend all such funds in period’’ means fiscal year 1984 through fiscal (b) PAYMENT AMOUNTS.—Except as provided accordance with subsection (d). year 1999. in subsection (c), the payment to an eligible SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU (3) ELIGIBLE COUNTY.—The term ‘‘eligible State for a fiscal year shall consist of the 25-per- OF LAND MANAGEMENT LANDS FOR county’’ means a county or borough that re- cent payment applicable to that State for that USE TO BENEFIT PUBLIC SAFETY, ceived 50-percent payments for one or more fis- fiscal year as described in section 3(6). LAW ENFORCEMENT, EDUCATION, AND OTHER PUBLIC PURPOSES. cal years of the eligibility period or a county or (c) ELECTION TO RECEIVE FULL PAYMENT borough that received a portion of an eligible AMOUNT.— (a) REQUIREMENT FOR PAYMENTS TO ELIGIBLE State’s 25-percent payments for one or more fis- (1) An eligible State may elect to receive the COUNTIES.—The Secretary of the Treasury shall cal years of the eligibility period. The term in- full payment amount as described in sections make to each eligible county that received a 50- cludes a county or borough established after the 101(a)(1) and 101(b), in lieu of the payment de- percent payment during the eligibility period a date of the enactment of this Act so long as the scribed in subsection (b). The election shall be payment in accordance with subsection (b) for county or borough includes all or a portion of a made at the discretion of each affected county each of fiscal year in fiscal year 2000. The pay- county or borough described in the preceding and transmitted to the Secretary by the Gov- ment for a fiscal year shall be made as soon as sentence. ernor of a State. Each such county election practicable after the end of that fiscal year. (4) ELIGIBLE STATE.—The term ‘‘eligible State’’ shall be effective for two fiscal years. (b) PAYMENT AMOUNTS.—Except as provided means a State that received 25-percent payments (2) Except that, when a county elects to re- in subsection (c), the payments to an eligible for one or more fiscal years of the eligibility pe- ceive the full payment amount, such election county for a fiscal year shall consist of the 50- riod. shall be effective for all the subsequent fiscal percent payment applicable to that county for (5) FULL PAYMENT AMOUNT.—The term ‘‘full years. that fiscal year as described in section 3(7). payment amount’’ means the amount calculated (3) The payment to an eligible State under (c) ELECTION TO RECEIVE FULL PAYMENT for each eligible State and eligible county under this subsection for a fiscal year shall be derived AMOUNT.— section 101. first from any revenues, fees, penalties, or mis- (1) An eligible county may elect to receive the (6) 25-PERCENT PAYMENTS.—The term ‘‘25-per- cellaneous receipts, exclusive of deposits to any full payment amount, as described in sections cent payments’’ means the payments to States relevant trust fund, or special accounts, re- 101(a)(2) and 101(b) in lieu of the payment de- required by the sixth paragraph under the head- ceived by the Federal Government from activi- scribed in subsection (b). The election shall be ing of ‘‘FOREST SERVICE’’ in the Act of May ties by the Forest Service on the Federal lands made at the discretion of the county. Once the 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section described in subsection 3(1)(A) and/or secondly, election is made, it shall be effective for the fis- 13 of the Act of March 1, 1911 (36 Stat. 963; 16 as determined by the Secretary of the Treasury, cal year in which the election is made and all U.S.C. 500). from any funds in the Treasury not otherwise subsequent fiscal years. (7) 50-PERCENT PAYMENTS.—The term ‘‘50-per- appropriated. (2) The payment to an eligible county under this subsection for a fiscal year shall be derived cent payments’’ means the payments that are (d) DISTRIBUTION AND EXPENDITURE OF PAY- first from any revenues, fees, penalties, or mis- the sum of the 50-percent share otherwise paid MENTS.— cellaneous receipts, exclusive of deposits to any to a county pursuant to title II of the Act of Au- (1) DISTRIBUTION METHOD.—An eligible State gust 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. that elects to receive a payment under sub- relevant trust fund, or special accounts, re- 1181f), and the payment made to a county pur- section (c) shall distribute the payment among ceived by the Federal Government from activi- suant to the Act of May 24, 1939 (chapter 144; 53 all eligible counties in the State, with each eligi- ties by the Bureau of Land Management on the Stat. 753; 43 U.S.C. 1181f–1 et seq.). ble county receiving the amount calculated for Federal Lands described in subsection 3(1)(B) (8) SAFETY NET PAYMENTS.—The term ‘‘safety that county in Section 101(a). and/or secondly, as determined by the Secretary of the Treasury, from any funds in the Treasury net payments’’ means the payments to States (2) EXPENDITURE PURPOSES.—Subject to sub- and counties required by section 13982 or 13983 section (e), payments received by eligible States not otherwise appropriated. of the Omnibus Budget Reconciliation Act of under subsection (a) and distributed to eligible (d) EXPENDITURE RULES FOR ELIGIBLE COUN- 1993 (Public Law 103–66; 16 U.S.C. 500 note; 43 counties shall be expended in the same manner TIES.— (1) IN GENERAL.—Of the funds to be distrib- U.S.C. 1181f note). in which 25-percent payments are required to be uted to an eligible county pursuant to sub- expended. TITLE I—SECURE PAYMENTS FOR STATES section (d)— (e) EXPENDITURE RULES FOR ELIGIBLE COUN- AND COUNTIES CONTAINING FEDERAL (A) Not less than 80 percent but not more than TIES.— LANDS 85 percent of the funds distributed to the eligible (1) IN GENERAL.—Of the funds to be distrib- SEC. 101. DETERMINATION OF FULL PAYMENT county shall be expended in the same manner in uted to an eligible county pursuant to sub- AMOUNT FOR ELIGIBLE STATES AND which the 50-percent payments are required to section (d)— COUNTIES. be expended; and (A) not less than 80 percent but not more than (a) CALCULATION REQUIRED.— (B) At the election of an eligible county, the 85 percent of the funds shall be expended in the (1) ELIGIBLE STATES.—The Secretary of the balance of the funds not expended pursuant to same manner in which the 25-percent payments Treasury shall calculate for each eligible State subparagraph (A) shall either be reserved for are required to be expended; and an amount equal to the average of the three projects in accordance with title II, or remitted (B) at the election of an eligible county, the highest 25-percent payments and safety net pay- to the fund created by section 302(b). balance of the funds not expended pursuant to ments made to the eligible counties in that State (2) DEPOSIT OF FUNDS IN SPECIAL ACCOUNT.— subparagraph (A) shall either be reserved for for fiscal years of the eligibility period, Funds reserved by an eligible county under projects in accordance with title II, or remitted (2) BLM COUNTIES.—The Secretary of the paragraph (1) shall be deposited in a special ac- to the fund created by section 302(b). Treasury shall calculate for each eligible county count in the Treasury of the United States and (2) DEPOSIT OF FUNDS IN SPECIAL ACCOUNT.— that received a 50-percent payment during the shall be available for expenditure by the Sec- Funds reserved by an eligible county under eligibility period an amount equal to the aver- retary of the Interior, without further appro- paragraph (1) shall be deposited in a special ac- age of the three highest 50-percent payments priation, and shall remain available until ex- count in the Treasury of the United States and and safety net payments made to that eligible pended in accordance with title II. shall be available for expenditure by the Sec- county for fiscal years of the eligibility period. (3) ELECTION.—An eligible county shall notify retary of Agriculture, without further appro- (b) ANNUAL ADJUSTMENT.—For each fiscal the Secretary of the Interior of its election under priation, and shall remain available until ex- year in which payments are required to be made this subsection not later than September 30 of pended in accordance with title II. to eligible States and eligible counties under this each fiscal year under subsection (d). If the eli- (3) ELECTION.— title, the Secretary of the Treasury shall adjust gible county fails to make an election by that (A) GENERAL.—An eligible county shall notify the full payment amount for the previous fiscal date, the county is deemed to have elected to ex- the Secretary of Agriculture of its election under year for each eligible State and eligible county pend 85 percent on the funds received under this subsection not later than September 30 of to reflect changes in the consumer price index subsection (c) in the same manner in which the each fiscal year. If the eligible county fails to for rural areas (as published in the Bureau of 50-percent payments are required to be expended make an election by that date, the county is Labor Statistics) that occur after publication of and remitted the balance to the fund created by deemed to have elected to expend 85 percent of that index for fiscal year 2000. section 302(b). the funds to be received under subsection (c) in SEC. 102. PAYMENTS TO STATES FROM NATIONAL TITLE II—SPECIAL PROJECTS ON FOREST SYSTEM LANDS FOR USE BY the same manner in which the 25-percent pay- COUNTIES TO BENEFIT PUBLIC EDU- ments are required to be expended, and remitted FEDERAL LANDS CATION AND TRANSPORTATION. the balance to the fund created by Section SEC. 201. DEFINITIONS. (a) REQUIREMENT FOR PAYMENTS TO ELIGIBLE 302(b). In this title: STATES.—The Secretary of the Treasury shall (B) COUNTIES WITH MINOR DISTRIBUTIONS.— (1) PARTICIPATING COUNTY.—The term ‘‘par- make to each eligible State a payment in accord- Notwithstanding the expenditure rules in this ticipating county’’ means an eligible county ance with subsection (b) for each fiscal year be- subsection, in the case of each eligible county to that—

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00080 Fmt 0686 Sfmt 6333 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17951 (A) receives Federal funds pursuant to section (1) The purpose of the project and a descrip- source advisory committee agrees to the expendi- 102 or 103; and tion of how the project will meet the purposes of ture of funds for this purpose, the Secretary (B) elects under sections 102(e)(3) or 103(d)(3) this Act. concerned shall conduct environmental review, to expend a portion of those funds in accord- (2) The anticipated duration of the project. consultation, or other compliance responsibil- ance with sections 102(e)(1)(B) or 103(d)(3). (3) The anticipated cost of the project. ities in accordance with Federal law and regula- (2) PROJECT FUNDS.—The term ‘‘project (4) The proposed source of funding for the tions. funds’’ means all funds an eligible county elects project, whether project funds or other funds. (B) EFFECT OF REFUSAL TO PAY.—If a resource under sections 102(e)(3) and 103(d)(3) to reserve (5) Expected outcomes, including how the advisory committee does not agree to the ex- for expenditure under sections 102(e)(1)(B) or project will meet or exceed desired ecological penditure of funds under subparagraph (A), the 103(d)(2) for expenditure in accordance with this conditions, maintenance objectives, or steward- project shall be deemed withdrawn from further title. ship objectives, as well as an estimation of the consideration by the Secretary concerned pursu- (3) RESOURCE ADVISORY COMMITTEE.—The amount of any timber, forage, and other com- ant to this title. Such a withdrawal shall be term ‘‘resource advisory committee’’ means an modities and other economic activity, including deemed to be a rejection of the project for pur- advisory committee established by the Secretary jobs generated, if any, anticipated as part of the poses of section 207(c). concerned under section 205, or determined by project. (c) DECISIONS OF SECRETARY CONCERNED.— the Secretary concerned to meet the require- (6) A detailed monitoring plan, including (1) REJECTION OF PROJECTS.—A decision by the ments of section 205. funding needs and sources, that tracks project Secretary concerned to reject a proposed project (4) RESOURCE MANAGEMENT PLAN.—The term effectiveness, implementation, and provides for shall be at the Secretary’s sole discretion. Not- ‘‘resource management plan’’ means a land use validation monitoring. The monitoring plan withstanding any other provision of law, a deci- plan prepared by the Bureau of Land Manage- shall include an assessment of the following: sion by the Secretary concerned to reject a pro- ment for units of the Federal lands described in whether or not the project created local employ- posed project shall not be subject to administra- section 3(1)(B) pursuant to section 202 of the ment or training opportunities, including sum- tive appeal or judicial review. Within 30 days Federal Land Policy and Management Act of mer youth jobs programs such as the Youth after making the rejection decision, the Sec- 1976 (43 U.S.C. 1712) and a land and resource Conservation Corps where appropriate; and retary concerned shall notify in writing the re- management plan prepared by the Forest Serv- whether the project improved the use of, or source advisory committee that submitted the ice for units of the National Forest System pur- added value to, any products removed from proposed project of the rejection and the reasons suant to section 6 of the Forest and Rangeland lands consistent with the purposes of this Act. for rejection. Renewable Resources Planning Act of 1974 (16 (7) An assessment that the project is to be in (2) NOTICE OF PROJECT APPROVAL.—The Sec- U.S.C. 1604). the public interest. retary concerned shall publish in the Federal (5) SECRETARY CONCERNED.—The term ‘‘Sec- (c) AUTHORIZED PROJECTS.— Register notice of each project approved under retary concerned’’ means the Secretary of the (1) IN GENERAL.—Projects proposed under sub- subsection (a) if such notice would be required Interior or his designee with respect to the Fed- section (a) shall be consistent with section 2(b). had the project originated with the Secretary. OURCE AND ONDUCT OF ROJECT eral lands described in section 3(1)(B) and the (2) SEARCH, RESCUE, AND EMERGENCY SERV- (d) S C P .—Once Secretary of Agriculture or his designee with re- ICES.—Notwithstanding paragraph (1), a re- the Secretary concerned accepts a project for re- spect to the Federal lands described in section source advisory committee may submit as a pro- view under section 204, it shall be deemed a Fed- 3(1)(A). posed project under subsection (a) a proposal eral action for all purposes. (e) IMPLEMENTATION OF APPROVED SEC. 202. GENERAL LIMITATION ON USE OF that the participating county or sheriff’s depart- PROJECTS.— PROJECT FUNDS. ment receive reimbursement for search and res- (1) COOPERATION.—Notwithstanding chapter Project funds shall be expended solely on cue and other emergency services performed on 63 of title 31, United States Code, the Secretary projects that meet the requirements of this title. Federal lands and paid for by the county. The concerned may enter into contracts, grants, and Project funds may be used by the Secretary con- source of funding for an approved project of this cooperative agreements with States and local cerned for the purpose of entering into and im- type must be the fund created by section 302(b). governments, private and nonprofit entities, and plementing cooperative agreements with willing (3) COMMUNITY SERVICE WORK CAMPS.—Not- landowners and other persons to assist the Sec- Federal agencies, State and local governments, withstanding paragraph (1), a resource advisory retary in carrying out an approved project. private and nonprofit entities, and landowners committee may submit as a proposed project (2) BEST VALUE CONTRACTING.—For any for protection, restoration and enhancement of under subsection (a) a proposal that the partici- project involving a contract authorized by para- fish and wildlife habitat, and other resource ob- pating county receive reimbursement for all or graph (1) the Secretary concerned may elect a jectives consistent with the purposes of this title part of the costs incurred by the county to pay source for performance of the contract on a best on public or private land or both that benefit the salaries and benefits of county employees value basis. The Secretary concerned shall de- these resources within the watershed. who supervise adults or juveniles performing termine best value based on such factors as: SEC. 203. SUBMISSION OF PROJECT PROPOSALS. mandatory community service on Federal lands. (A) The technical demands and complexity of (a) SUBMISSION OF PROJECT PROPOSALS TO SEC. 204. EVALUATION AND APPROVAL OF the work to be done. SECRETARY CONCERNED.— PROJECTS BY SECRETARY CON- (B) The ecological objectives of the project (1) PROJECTS FUNDED USING PROJECT FUNDS.— CERNED. and the sensitivity of the resources being treat- Not later than September 30 for fiscal year 2001, (a) CONDITIONS FOR APPROVAL OF PROPOSED ed. and each September 30 thereafter for each suc- PROJECT.—The Secretary concerned may make a (C) The past experience by the contractor with ceeding fiscal year, each resource advisory com- decision to approve a project submitted by a re- the type of work being done, using the type of mittee established under section 205 shall submit source advisory committee under section 203 equipment proposed for the project, and meeting to the Secretary concerned a description of any only if the proposed project satisfies each of the or exceeding desired ecological conditions. projects that the resource advisory committee following conditions: (D) The commitment of the contractor to hir- proposes the Secretary undertake using any (1) The project complies with all applicable ing highly qualified workers and local residents. project funds reserved. Federal laws and regulations. (3) MERCHANTABLE MATERIALS SALES CON- (2) PROJECTS FUNDED USING OTHER FUNDS.—A (2) The project is consistent with the applica- TRACTING PILOT PROJECTS.—Until September 30, resource advisory committee may submit to the ble resource management plan and with any 2004, for a portion of the contracts issued under Secretary concerned a description of any watershed or subsequent plan developed pursu- this paragraph, the Secretary concerned shall projects that the committee proposes the Sec- ant to the resource management plan and ap- provide for the disposal of the forest products retary undertake using funds from State or local proved by the Secretary concerned. under a separate contract. Within one year of governments, from the private sector, or funds (3) The project has been approved by the re- the completion of the contracts authorized held by the Secretary concerned pursuant to source advisory committee in accordance with under this paragraph, the Secretary shall report section 302(b), other than project funds and section 205, including the procedures issued to the Committee on Energy and Natural Re- funds appropriated and otherwise available to under subsection (e) of such section. sources of the United States Senate and the do similar work. (4) A project description has been submitted Committee of Resources of the United States (3) JOINT PROJECTS.—Participating counties or by the resource advisory committee to the Sec- House of Representatives on the environmental other persons may propose to pool project funds retary concerned in accordance with section 203. and fiscal results of these projects. or other funds, described in paragraph (2), and (b) ENVIRONMENTAL REVIEWS.— SEC. 205. RESOURCE ADVISORY COMMITTEES. jointly propose a project or group of projects to (1) PAYMENT OF REVIEW COSTS.— (a) ESTABLISHMENT AND PURPOSE OF RE- a resource advisory committee established under (A) REQUEST FOR PAYMENT BY COUNTY.—The SOURCE ADVISORY COMMITTEES.— section 205. Secretary concerned may request the resource (1) ESTABLISHMENT.—The Secretary concerned (b) REQUIRED DESCRIPTION OF PROJECTS.—In advisory committee submitting a proposed shall establish and maintain a resource advisory submitting proposed projects to the Secretary project to agree to the use of project funds to committee to perform the duties in subsection concerned under subsection (a), a resource advi- pay for any environmental review, consultation, (b), except as provided in paragraphs (3) and sory committee shall include in the description or compliance with applicable environmental (4). of each proposed project the following informa- laws required in connection with the project. (2) PURPOSE.—The purpose of a resource advi- tion: When such a payment is requested and the re- sory committee shall be to improve collaborative

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 6333 E:\BR00\S13SE0.002 S13SE0 17952 CONGRESSIONAL RECORD—SENATE September 13, 2000 relationships and to provide advice and rec- (iv) archeological and historical interests; or subsection (a) with regard to a project to be ommendations to the land management agencies (v) nationally or regionally recognized wild funded in whole or in part using projects funds, consistent with the purposes of this Act. horse and burro interest groups. or other funds described in section 203(a)(2), the (3) ACCESS TO RESOURCE ADVISORY COMMIT- (C) 5 persons who— Secretary concerned shall transfer to the appli- TEES.—To ensure that each unit of Federal land (i) hold state elected office or their designee; cable unit of National Forest Systems lands or has access to a resource advisory committee, and (ii) hold county or local elected office; BLM District an amount of project funds equal that there is sufficient interest in participation (iii) represent American Indian tribes within to— on a committee to ensure that membership can or adjacent to the area for which the committee (A) in the case of a project to be completed in be balanced in terms of the points of view rep- is organized; a single fiscal year, the total amount specified resented and the functions to be performed, the (iv) are school officials or teachers; or in the agreement to be paid using project funds, Secretary concerned may, establish resource ad- (v) represent the affected public at large. or other funds described in section 203(a)(2); or visory committees for part of, or one or more, (3) BALANCED REPRESENTATION.—In appoint- (B) in the case of a multi-year project, the units of Federal lands. ing committee members from the three categories amount specified in the agreement to be paid (4) EXISTING ADVISORY COMMITTEES.—Existing in paragraph (2), the Secretary concerned shall using project funds, or other funds described in advisory committees meeting the requirements of provide for balanced and broad representation section 203(a)(2) for the first fiscal year. this section may be deemed by the Secretary from within each category. (2) CONDITION ON PROJECT COMMENCEMENT.— concerned, as a resource advisory committee for (4) GEOGRAPHIC DISTRIBUTION.—The members The unit of National Forest System lands or the purposes of the title. The Secretary of the of a resource advisory committee shall reside BLM District concerned, shall not commence a Interior may deem a resource advisory com- within the State in which the committee has ge- project until the project funds, or other funds mittee meeting the requirements of part 1780, ographic jurisdiction. described in section 203(a)(2) required to be subpart 1784 of title 43, Code of Federal Regula- (5) CHAIRPERSON.—A majority on each re- transferred under paragraph (1) for the project, tions, as a resource advisory committee for the source advisory committee shall select the chair- have been made available by the Secretary con- purposes of this title. person of the committee. cerned. (b) DUTIES.—A resource advisory committee (e) APPROVAL PROCEDURES.— (3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR shall— (1) Subject to paragraph (2), each resource ad- PROJECTS.—For the second and subsequent fis- (1) review projects proposed by participating visory committee shall establish procedures for cal years of a multi-year project to be funded in counties and other persons; defining a quorum and proposing projects to the whole or in part using project funds, the unit of (2) propose projects and funding to the Sec- Secretary concerned. A quorum must be present National Forest System lands or BLM District retary concerned under section 203; to constitute an official meeting of the com- concerned shall use the amount of project funds (3) provide early and continuous coordination mittee. required to continue the project in that fiscal with appropriate land management agency offi- (2) A project may be proposed by a resource year according to the agreement entered into cials in recommending projects consistent with advisory committee to the Secretary concerned under subsection (a). The Secretary concerned purposes of this Act; and under section 203(a) if it has been approved by shall suspend work on the project if the project (4) provide frequent opportunities for citizens, a majority of members of the committee from funds required by the agreement in the second organizations, Tribes, land management agen- each of the three categories in subsection (c)(2). and subsequent years fiscal years are not avail- cies, and other interested parties to participate (f) OTHER COMMITTEE AUTHORITIES AND RE- able. QUIREMENTS.— openly and meaningfully, beginning at the early SEC. 207. AVAILABILITY OF PROJECT FUNDS. (1) STAFF ASSISTANCE.—A resource advisory stages of the project development processs. (a) SUBMISSION OF PROPOSED PROJECTS TO committee may submit to the Secretary con- (c) APPOINTMENT BY THE SECRETARY.— OBLIGATE FUNDS.—By the end of each fiscal cerned a request for periodic staff assistance (1) APPOINTMENT AND TERM.—The Secretary year, a resource advisory committee shall submit from Federal employees under the jurisdiction of concerned, shall appoint the members of re- to the Secretary concerned pursuant to section the Secretary. source advisory committees for a term of 3 years 203(a)(1) a sufficient number of project pro- (2) MEETINGS.—All meetings of a resource ad- beginning on the date of appointment. The Sec- posals that, if approved, would result in the ob- visory committee shall be announced at least retary concerned may reappoint members to sub- ligation of at least the full amount of the project one week in advance in a local newspaper of sequent 3-year terms. funds reserved by the participating county in record and shall be open to the public. (2) BASIC REQUIREMENTS.—The Secretary con- the preceding fiscal year. (3) RECORDS.—A resource advisory committee cerned shall ensure that each resource advisory (b) USE OR TRANSFER OF UNOBLIGATED shall maintain records of the meetings of the committee established meets the requirements of FUNDS.— committee and make the records available for subsection (d). (1) If a resource advisory committee fails to public inspection. (3) INITIAL APPOINTMENT.—The Secretary con- comply with subsection (a) for a fiscal year, any cerned shall make initial appointments to the re- SEC. 206. USE OF PROJECT FUNDS. project funds reserved by the participating source advisory committees not later than 180 (a) AGREEMENT REGARDING SCHEDULE AND county in the preceding fiscal year and remain- days after the date of the enactment of this Act. COST OF PROJECT.— ing unobligated shall be available for use as (4) VACANCIES.—The Secretary concerned (1) AGREEMENT BETWEEN PARTIES.—The Sec- part of the project submissions in the next fiscal shall make appointments to fill vacancies on retary concerned may carry out a project sub- year. any resource advisory committee as soon as mitted by a resource advisory committee under (2) Any funds not used because a county fails practicable after the vacancy has occurred. section 203(a) using project funds or other funds to elect under section 102(e)(3) or section (5) COMPENSATION.—Members of the resource described in section 203(a)(2), if, as soon as 103(d)(3) to expend monies for local projects advisory committees shall not receive any com- practicable after the issuance of a decision doc- shall be remitted to the fund created by section pensation. ument for the project and the exhaustion of all 302(b). OMPOSITION OF DVISORY OMMITTEE (d) C A C .— administrative appeals and judicial review of (c) EFFECT OF REJECTION OF PROJECTS.—Any (1) NUMBER.—Each resource advisory com- the project decision, the Secretary concerned project funds reserved by a participating county mittee shall be comprised of 15 members. and the resource advisory committee enter into in the preceding fiscal year that are unobligated (2) COMMUNITY INTERESTS REPRESENTED.— an agreement addressing, at a minimum, the fol- at the end of a fiscal year because the Secretary Committee members shall be representative of lowing: concerned has rejected one or more proposed the interests of the following categories: (A) The schedule for completing the project. projects shall be available for use as part of the (A) 5 persons who— (B) The total cost of the project, including the project submissions in the next fiscal year. (i) represent organized labor; level of agency overhead to be assessed against (d) EFFECT OF COURT ORDERS.—If an ap- (ii) represent developed outdoor recreation, off the project. proved project is enjoined or prohibited by a highway vehicle users, or commercial recreation (C) For a multi-year project, the estimated Federal court under this Act, the Secretary con- activities; cost of the project for each of the fiscal years in cerned shall use unobligated project funds re- (iii) represent energy and mineral development which it will be carried out. lated to that project in the participating county interests; (D) The remedies for failure of the Secretary or counties that reserved the funds. The re- (iv) represent the commercial timber industry; concerned to comply with the terms of the agree- turned funds shall be available for the county to or ment consistent with current Federal law. expend in the same manner as the funds re- (v) hold Federal grazing permits, or other land (2) LIMITED USE OF FEDERAL FUNDS.—The Sec- served by the county under section 102(e)(1)(B) use permits within the area for which the com- retary concerned may decide, at the Secretary’s or 103(d)(1)(B), whichever applies to the funds mittee is organized. sole discretion, to cover the costs of a portion of involved. (B) 5 persons representing— an approved project using Federal funds appro- (i) nationally recognized environmental orga- priated or otherwise available to the Secretary TITLE III—MISCELLANEOUS PROVISIONS nizations; for the same purposes as the project. SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (ii) regionally or locally recognized environ- (b) TRANSFER OF PROJECT FUNDS.— There are hereby authorized to be appro- mental organizations; (1) INITIAL TRANSFER REQUIRED.—As soon as priated such sums as are necessary to carry out (iii) dispersed recreational activities; practicable after the agreement is reached under this Act for fiscal years 2001 through 2007.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 6333 E:\BR00\S13SE0.002 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17953 SEC. 302. TREATMENT OF FUNDS AND REVENUES. demic enrichment programs elimi- Since 1908, people in rural counties (a) Funds appropriated pursuant to the au- nated; and student transportation serv- across this country have lived by a thorization of appropriations in section 301 and ices and winter road maintenance compact with the Federal Government. funds made available to a Secretary concerned scaled back or eliminated. As compensation for paying no prop- under section 206 shall be in addition to any other annual appropriations for the Forest Serv- The bill’s guaranteed payments will erty taxes, the Federal Government ice and the Bureau of Land Management. provide critical resources for our chil- would give the counties a quarter of (b) Any and all revenues generated from dren. It will allow our teachers to once the timber revenue. For decades, this projects pursuant to title II, any funds remitted again provide them with a quality edu- arrangement provide adequate funds to by counties pursuant to section 102(e)(1)(B) or cation. sustain schools, roads and other basic section 103(d)(1)(B), and any interest accrued In crafting S. 1608, Senator WYDEN county services, like emergency res- from any such funds shall be deposited and re- and I were assisted by local community cue. But when timber harvests began tained without further appropriation in a na- representatives who work, live, and to drop off and timber jobs were lost, tional fund and available to the Secretary con- represent thousands of rural citizens. little effort was made to help offset the cerned to fund projects authorized pursuant to shortfall, and citizens in rural counties section 203. The Secretary concerned shall The bill is supported by a unique coali- prioritize expenditures from this fund and shall tion of more than 1000 organizations felt betrayed by the government in identify, in an annual report to the Committee across 50 states including county offi- Washington, DC. We are not talking on Energy and Natural Resources of the United cials, educators, teachers unions, labor about a few isolated communities in re- States Senate and the Committee on Resources unions, and local businesses. This bill mote areas of America. Timber-depend- of the United States House of Representatives, is truly a community-based solution to ent communities are found in 709 coun- all projects receiving funds pursuant to this sub- a national crisis. It is very, very rare ties in 42 states. Some 800,000 school section. indeed, to bring a bill to the Senate children and millions of people live in SEC. 303. REGULATIONS. floor that enjoys the breadth of sup- these counties. Thirty-one of 36 coun- The Secretaries concerned may jointly issue port represented by the groups in favor ties in my State of Oregon receive tim- regulations to carry out the purposes of this ber payments. Counties in the western Act. of S. 1608. S. 1608 also provides funds to invest part of Oregon have been able to sur- SEC. 304. CONFORMING AMENDMENTS. vive because of Spotted Owl safety net Section 13982 of the Omnibus Budget Rec- in collaborative improvement projects to address high priority forest manage- payments, but no such safety net exists onciliation Act of 1993 (116 U.S.C. 500 note) is for those in eastern Oregon. There, repealed. Sections 13982 and 13983 of the Omni- ment needs such as: infrastructure im- Grant County, has lost 90 percent of its bus Budget Reconciliation Act of 1993 (Public provement, fuel and fire reduction, eco- Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f system restoration, stewardship timber receipts, from more than $12 million down to $1 million, and the note) is repealed. projects and watershed protection and county has turned to such cost-cutting Mr. CRAIG. Mr. President, S. 1608, restoration. In addition, these coopera- the Secure Rural Schools and Commu- measures as a 4-day school week. tive county projects will contribute to Under this legislation, Oregon coun- nity Self-Determination Act of 1999, local community economic self-suffi- ties will get a total of $261 million a solves a severe crisis in America’s ciency and family social stability. As year—an increase of $115 million, or 79 rural, forest counties driven by the pre- reported, S. 1608 is a win-win solution percent. Of the $261 million, $222 mil- cipitous decline in federal timber re- for all of rural America; our school lion would be available for schools and ceipts over the last decade. The bill children, our educators, our working roads and $39 million will remain for provides vital payments to schools and families, our counties, and our the counties either to invest in their counties, while providing option to di- forestlands. backyard national forests or in forest- rect a portion of the payments to the Mr. WYDEN. Mr. President, many related county services. development of local projects to ad- folks in rural Oregon and other parts of The purpose of S. 1608 is to help rural dress the needs of our families and for- rural America believe the Federal Gov- communities adapt to changing na- ests. ernment has abandoned them. They tional forest management policies by S. 1608 provides equity and increased think Washington, D.C. has reneged on creating a funding formula alternative educational opportunities for rural a decades-long commitment to support to timber receipts. The legislation will school children. States that are domi- their schools and roads with revenue ensure that the future relationship be- nated by federally owned lands are fac- from timber harvested on Federal tween the people living in the 709 af- ing a dual economic and educational lands. People in timber-dependent fected rural counties and the Federal crisis. rural America think they are being left Government does not depend on how Our nation contains almost 800 forest behind to live in economic sacrifice many trees are cut. Rural communities counties; 2,000 forest school districts; zones. will be connected to Federal lands 600,000 rural families, and more than 4 Policy changes in Washington, DC., through stewardship projects, mainte- million school children who depend affecting logging on national forest nance of existing forest infrastructure, upon rural public schools for their edu- across this country have caused timber ecosystem restoration and improve- cation. These children deserve the receipts to fall an average of 70 percent ment of land and water quality. Coun- same educational opportunities as over the last 15 years, and by as much ties will choose how to spend the Fed- their counterparts in urban areas. as 90 percent in some areas. As timber eral payment, and projects will be de- Mosr urban areas across America receipts disappeared, roads fell deeper veloped by broad-based groups of local witnessed unprecedented prosperity into disrepair, school programs were citizens. Collaboration with Federal throughout the 1990s. However, in our cut to the bone, and some schools even land managers will help ensure projects rural forest counties, the decade has had to close their doors at least 1 day comply with all existing environ- been a one-way slide toward poverty, a week. Our fellow citizens who live in mental laws and regulations. The legis- unemployment, and a lower standard of rural America should not be just an lation would restore stability to the 25 living for communities, families and afterthought in our warp-speed world. percent payments compact by ensuring children. The legislation before us, the Secure a predictable payment level to forest And it is our children who have borne Rural Schools and Community Self-De- communities for six years. The amount the brunt of the harm. Rural children termination Act, will renew the com- going toward schools and roads would have been faced with: pact with timber-dependent commu- represent 80–85 percent of the three- School closings; school days and nities without compromising our com- year average of the highest payment weeks shortened; class sizes increased mitment to environmentally sound years from 1985 to the present. Unlike due to teacher layoffs; classroom aides stewardship of our forests. It will give today’s system, a county will receive eliminated; counseling, nursing, and people in rural counties the financial its payment from the general Treasury, psychological services cut or elimi- predictability they need to step into regardless of whether a single tree is nated; music, art, athletic, and aca- the 21st century. cut from national forests.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.002 S13SE0 17954 CONGRESSIONAL RECORD—SENATE September 13, 2000 Counties will decide for themselves this goal has been met. As I said ear- I urge my colleagues to support this how to invest the remaining 15-to-20 lier, first, counties can choose whether legislation. percent of the average amount de- they would like to be part of this pro- AMENDMENT NO. 4139 scribed above for projects rec- gram and receive a stable payment. If Mr. CRAIG. Mr. President, there is a ommended by local community advi- they choose not to be part of the pro- substitute amendment at the desk, and sory committees if those projects are gram, they may revisit this decision I ask for its consideration. approved by the appropriate Federal every 2 years. Second, a county that The PRESIDING OFFICER. The land management agency. Although lo- chooses to be part of the program and clerk will report. cally-conceived, every project must receive stable payments must decide The assistant legislative clerk read comply with all environmental laws the type of projects they want to in- as follows: and regulations, as well as all applica- vest in: projects in the forest, like The Senator from Idaho [Mr. CRAIG], for ble forest plans. Counties might also stream and watershed restoration; or himself and Mr. WYDEN, proposes an amend- opt to pursue projects related to the projects related to the forests, such as ment numbered 4139. forest—rather than in the forest— wildfire prevention or afterschool pro- Mr. CRAIG. I ask unanimous consent through Title III. These projects might grams for their children. Also, a coun- that reading of the amendment be dis- include fire prevention, the purchase of ty can opt simply to have the money pensed with. easements or forest-related after- sent back to the U.S. Treasury without The PRESIDING OFFICER. Without school programs. In addition, each pursuing projects. Finally, these objection, it is so ordered. project must—and I quote from the bill choices may be revisited every year. (The amendment is printed in today’s The ecological health of the forests is here—‘‘improve the maintenance of ex- RECORD under ‘‘Amendments Sub- a key to survival for many of these isting infrastructure, implement stew- mitted.’’) communities, making forest restora- ardship objectives that enhance forest Mr. CRAIG. Mr. President, in con- tion a cornerstone of the bill. Counties junction with the administration, and ecosystems, and restore and improve have choices as to how and how much land health and water quality’’ on the the members of the Budget Committee, they receive so they are able to deter- we have made a series of technical national forests. mine the best allocation of funds: County choice is critical to the bill. changes to S. 1608 as it was reported by whether to support forest health, job Counties that opt not to join the pro- the committee. These changes are de- creation, ecosystem restoration or a signed to: (1) respond to the concerns of gram—such as those anticipating high- combination of these. Whatever the er timber receipts in the immediate fu- some members with the bill as re- choice, it is an investment in both the ported; (2) address some additional ture—will continue to receive pay- future of the forest and the commu- issues raised by the Administration; (3) ments based on the existing formula, nity. This legislation is the product of rectify technical problems with the and they also have the option of join- many months of painstaking work. bill; as well as (4) bring the bill’s costs ing the program two years down the Since the beginning, it has been a bi- in line with the amount provided in fis- road. Counties that opt to join the pro- partisan effort. The Energy and Nat- cal year 2001 budget resolution. Let me gram will get stable payments based on ural Resources Committee reported the briefly describe the most important a new formula. legislation by voice vote last April, and changes for the benefit of the Senate. There is no doubt about it. This leg- through negotiations with many other We have modified the formula used to islation will change the traditional dy- interested Senators, we have a man- namic between logging and Federal agers’ amendment that represents a calculate the ‘‘full payment amount’’ payments to schools and counties. But further refinement of the bill. to which states are entitled from the altering the link between timber har- I particularly want to thank Sen- Forest Service under this bill. Rather vest and county payments does not ators CRAIG and BINGAMAN, the Chair than having this payment calculated mean we seek to sever the ties between and ranking member of the Energy on the average of the three highest 25 people and land. S. 1608 will strengthen Committee. Without their dedication percent payments for each eligible the bond between communities and and willingness to put long hours into county within each state, the calcula- neighboring Federal forests. The this effort, we would not have such a tions will be based upon the average of projects that would be authorized by S. solid piece of legislation. I would also the three highest 25 percent payments 1608 are a way for the Federal govern- like to make special note of the help of for each state during the fiscal years of ment to recognize—without relaxing or Senator BAUCUS in crafting Title III the eligible years period. We also re- compromising our environmental com- and bringing a strong focus on wildfire duced the annual adjustment for infla- mitments—that timber towns grow not prevention. I would also like to ac- tion. These changes will reduce the just trees, but people, too. knowledge the work of the staff on S. cost of the bill as estimated by the When this debate began, the issues 1608. In particular, Jose Kardon, my Congressional Budget Office from $1.46 were highly polarized. On the one side chief of staff, and Sarah Bittleman, my billion over a 5-year period to around were those who would punish the For- Natural Resources counsel, have done $1.1 billion over the same period. est Service for not cutting enough yeoman’s work on this legislation. Car- In section 102(a) and section 103(a), trees; on the other were those who, un- ole Grunberg, my legislative director, we clarify that the duration of the bill intentionally, would punish our rural and Jeff Gagne, my Education advisor, will be fiscal year 2001 through fiscal communities and school children by also contributed to the effort. Special year 2006. It is the manager’s intent not providing them the funding they so thanks also goes to Mark Rey of the that this bill be sunsetted after six desperately need. After listening to Energy Committee staff, whose steady years. This language, and new language both sides and after many long discus- hand and creativity helped resolve so in section 209 and section 303 added by sions, Senator CRAIG and I rejected the many problems successfully; to Bob the manager’s amendment emphasizes extremes and sought out a middle path Simon and Kira Finkler, of the Energy this for the purpose of clarity. We that would break the gridlock. The leg- Committee Democratic staff; and to made a minor change to clarify that el- islation we bring to the Senate will es- Brian Kuehl with Senator BAUCUS and igible counties that receive less than tablish a foundation to move rural Sara Barth with Senator BOXER. $100,000 in payments for fiscal year 2001 communities beyond this time of cri- S. 1608 is supported by thousands of may elect to expend all of this money sis, and, with the forest ecosystem res- groups, hundreds of counties, labor or- for schools and roads, whether or not toration projects, put them on a path ganizations and school groups includ- the payment increases slightly in out- toward sustainability in this new cen- ing the National Education Associa- years as a result of the inflation ad- tury. tion, National Association of Counties, justment. This change will assist coun- One of my goals for this legislation the American Federation of State, ties with small revenue distributions. was to assure the counties have as County and Municipal Employees, as In section 202, we clarify that much choice as possible, and I believe well as the AFL–CIO. projects funded under this bill can be

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17955 conducted on public or private lands as through the local resource advisory ural resources management in our long as there is a benefit to federally committees established in title II of rural communities. managed resources. The committee bill the bill. They will function much as S. 1608 will provide rural commu- was not sufficiently precise in this re- they do in title II, except that the nities and their public lands managers gard. In section 203(b)(6), we added lan- projects will not require the approval the opportunity to work together to guage to more fully describe the kind of the Secretary, as would title II improve the ecosystems by investing in of monitoring plans that we would like projects. Also, under the specific terms the public lands. to see associated with projects ap- of section 102(d)(1)(B) and section I would like to express my apprecia- proved under the bill. In section 102(c)(1)(B) counties could split their tion for the months of work that have 204(e)(3), we elected to put some quan- project funds between titles II and III been put in on this bill by my fellow titative targets on the pilot projects as they choose. members of the Energy Committee: that the bill authorizes for merchant- We have also added a new title V to Senator CRAIG and Senator WYDEN. able materials, with an out-year ad- the bill to remedy a serious problem Bringing this bill to the floor today justment based upon the results of a caused by the Omnibus Budget Rec- is the result of countless hours of brief- GAO audit. We are hopeful that the ad- onciliation Act of 1993 involving the ings, dialog and negotiation with Sen- ministration will move aggressively to sharing with the states of onshore min- ator CRAIG, Senator WYDEN, their staff, implement this pilot project, and re- eral revenues and revenues from geo- the National Forest County & Schools port on its progress promptly and thor- thermal steam. Prior to the 1993 act Coalition, and all the other groups that oughly to Congress. In section 401, we the federal government and the states have expended time and effort to as- clarified that the bill authorizes appro- split these revenues on a fifty-fifty sure that the educational needs of the priations for fiscal year 2001 through basis. The 1993 act requires that the kids in rural communities would not be 2006. This is to emphasize that this is a federal government deduct its previous neglected. six-year bill. years expenses for administering these I would also like to express my ap- In section 402(b), we specify that any programs from the receipts before the preciation to the Forest Service, De- revenues generated by projected funded fifty-fifty split is made. This require- partment of Agriculture, and others in by monies authorized under this bill ment has proven very difficult to im- the Administration who have been should be returned to the Treasury, ex- plement due to general sloppiness of helpful in coming to the final product cept in the single case where a project federal accounting systems. The fed- we see here today. is jointly funded by both project and eral agencies and the states have be- In closing I thank all those who have non-federal revenues. The portion of come involved in numerous disputes contributed to crafting S. 1608 for their revenues associated with funds pro- over the federal government’s calcula- hard work. vided by this bill would be retained by tion of its administrative expenses. In I urge my colleagues to vote for this the appropriate Secretary. The propor- light of these problems, with the advice bill. tion of revenues associated with funds and the assistance of Senators DOMEN- And finally I look forward to the fed- provided by non-federal sources would ICI and BINGAMAN, we propose to return eral government reestablishing its sup- be shared with those sources. This to the pre-1993 system of calculating port to the rural communities of this change is designed to address the con- shared receipts. country so that they can maintain cern that allowing revenues generated Finally, we have added a conforming their school systems and provide other by projects to be retained by federal amendment in section 4 of the bill. needed county services. agencies would create an unwelcome This amendment specifies that pay- Mr. SMITH of Oregon. Mr. President, incentive to focus exclusively on rev- ments required by this bill would be in- I am pleased to speak to the Senate enue-generating projects. Our amend- cluded in the calculation of the pay- today in strong support of S. 1608, the ment addresses this concern in an equi- ment in lieu of taxes (PILT) payments Secure Rural Schools and Community table fashion. that each state receives. This change Self-determination Act of 2000. As an With regard to the projects funded will result in payments under this act original co-sponsor of this legislation, I under this bill, we added language in being treated in the same fashion as commend Senator CRAIG and Senator section 204 to assure that projects will other natural resource payments to the WYDEN for their leadership in crafting improve the maintenance of existing states. a bill which brings all sides of the issue infrastructure, implement stewardship I appreciate the cooperation of sev- together. I want to take a minute to objectives that enhance forest eco- eral of my colleagues in developing the salute Oregon’s county commissioners, systems, or restore and improve land changes that went into the manager’s who kept this issue on top of their pri- health and water quality. We also amendment. I particularly want to ority list, and who made frequent trips specify that fifty percent of the project thank Senator DOMENICI and Senator to meetings in Oregon and here in money shall be used for projects that BINGAMAN and their staffs for their as- Washington, D.C. to make sure this involve road maintenance or oblitera- sistance in putting together the man- legislation moved forward. Oregon is a tion, or the restoration of streams and ager’s amendment. The bill is a much remarkably diverse state, but as I have watersheds. These changes are designed better product because of their con- traveled throughout Oregon, I hear the to encourage the development of tribution. same thing in each of our 36 counties— projects that foster resource steward- Mr. MURKOWSKI. Mr. President, I and that’s the fact that passage of S. ship. To provide the counties that elect rise today to support passage of S. 1608, 1608 is their number one priority. I also to participate in projects a wider range the Secure Rural Schools and Commu- want to thank President Clinton for of choices, we have added a title III to nity Self-Determination Act of 2000. his statement that he will sign this the bill. Under the provisions of title This bill will restore the financial legislation when it reaches his desk. III, counties may choose to invest their and resource management links be- S. 1608 re-establishes the federal gov- project money in a list of authorized tween the rural communities of Amer- ernment’s compact with rural commu- uses including: (1) search, rescue, and ica and our natural resource agencies. nities—one that dates back to the emergency services; (2) community The precipitous drop in financial sup- early days of settlement in the West— service work camps; (3) easement pur- port for education and infrastructure while providing much needed funding chases from willing sellers to provide needs of our rural counties will be re- for environmentally sound, locally de- access to public lands; 94) forest related stored by S. 1608. veloped projects to restore the health educational programs; (5) local fire pre- These payments will now be steady of federal watersheds and forests. Per- vention and fire risk reduction plan- and reliable. This bill also reverses the haps more importantly, this bill will ning activities; and (6) community for- inward turning, and belt-way centered, ensure that the federal government estry projects. These projects would thinking of resource managers by cre- provides fair compensation to local still be developed and recommended ating collaborative processes for nat- governments so that they in turn will

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17956 CONGRESSIONAL RECORD—SENATE September 13, 2000 be able to meet their communities’ prospect of slashing its public works ernmental officials, private companies, needs for schools and roads. I want to engineering staff by 50 percent, leaving and many of the unions who represent make sure my colleagues understand roads and bridges threatened with dis- people who live, work, and teach in or why this legislation is needed, and how repair. near our federal forests. It is a Coali- the counties in my State, as well as Perhaps Grant County in eastern Or- tion of over 1,000 organizations that nearly 800 other rural counties in 41 egon makes an even more compelling represents over 25 million people. In other States, will suffer if we do not case for the passage of S. 1608. There, supporting S. 1608, I am choosing to pass S. 1608 today. the local government has been forced stand with those 25 million people, to Nearly a century ago, the ‘‘forest re- to cut back to four day school weeks to stand with thousands of rural commu- serves’’, precursors of our national for- make up for the shortfall in 25 percent nities in States stretching across ests, were transferred from the Depart- payments. It is outrageous that the America. ment of the Interior to the Department educational opportunities for children In closing, Mr. President, I ask my of Agriculture. At that time, the Con- in rural areas of this country are being colleagues to put themselves in the po- gress understood that placing these put in jeopardy by the decline of fed- sition of a local government official forest reserves in the federal govern- eral timber receipts. from a small town in a county domi- ment’s trust would have very negative Throughout my state and in commu- nated by federal forest lands. We have effects on the property taxes local gov- nities in many other states with forest many of them in my state. Towns like ernments and local school systems counties, sports and extra curricular John Day, Oakridge, and Riddle. Per- could collect. To remedy this, Congress activities have been dropped, and spe- haps you have counties with towns like passed a law in 1908 to share 25 percent cial programs for gifted and talented these in your state. Imagine that your of the Forest Service’s gross receipts students have been sharply cut back. major resource-based industries have with the counties to partially com- These communities have been forced to largely been shut down by various fed- pensate the counties for the lost taxes. make heart-breaking decisions over eral actions over the last decade. Too In addition, Congress designated these whether to cut back social service pro- many of the young people are having to funds to be spent on schools and county grams or school funding, or to sharply move away to find jobs. As a local gov- roads. Having directed the Forest Serv- reduce sheriffs’ patrols and close jails, ernment leader you try and build up ice to pay very close attention to the or to cut out all extra curricular ac- your community and yet you find—be- needs of the local citizens and indus- tivities at their schools. We have an cause your community is surrounded tries in the ‘‘1905 Transfer Act,’’ cou- opportunity today to answer the call of by federal lands—that you often can’t pled with the passage of the ‘‘1908 25 rural America by passing this legisla- expand the land under development to Percent Payment Act,’’ Congress had tion and show our support for edu- bring in new industry, you often can’t developed a fair and workable compact cation and rural communities. The build roads or recreation sites to bring with rural communities and counties. vote we cast today is not just a vote for in more tourism, nor can you tax fed- It was a compact that worked very well or against legislation, it is a vote for or eral forest lands to help pay for the for nearly 90 years. against the future of rural schools, kind of infrastructure or human re- Over the last ten years, however, as roads, and children. sources you need to attract high tech federal timber sales have declined by Now let me turn briefly to the objec- companies to your area. What would nearly 70 percent across the nation, tions raised by some in the environ- you do? How would you try and turn rural counties in many states began to mental community regarding the re- around the local economy with the fed- see serious short-falls in their annual source projects authorized by this bill. eral government turning a blind eye to 25 percent payments. In Oregon, where Apparently, the special interest groups the economic consequences of its ac- federal timber sales have declined by that oppose S. 1608 over this issue tions? That is what we are trying to an even greater margin, these short- would prefer that the historic relation- remedy today. falls have been truly devastating for ship between the local community and Shutting down our public lands in local governments. the management of their neighboring the name of the public good comes with As Federal lands have increasingly federal lands be severed completely. Of a price—and it should not be rural been declared ‘‘off limits’’ in recent course, if we were to sever the long- America alone that has to pay it. It is years, rural communities have worked standing relationship between federal long past time the federal government hard to diversify their economies. lands and the communities that host lived up to its financial obligation to While tourism has flourished in certain them, these same special interest these rural communities. A vote for S. pockets, to this point it has not been a groups would merely have to hold sway 1608 is a step toward that end. I thank substitute for the family wage jobs the over the land management bureaucracy my colleagues for joining us in this ef- timber industry once offered. Ulti- in Washington or the federal courts, fort today. mately, there is only so much that never having to face the people most Mr. BAUCUS. Mr. President, I rise in local governments can do when 70 per- affected by their policies. support of Senate bill 1608, the Secure cent, 80 percent, or even more, of the Some of these groups have gone so Rural Schools and Community Self-De- land is tied up in federal holdings. The far as to run slick attack ads against termination Act of 2000. I would like to fact that local governments are no my colleague from Oregon, Senator begin my comments today by drawing longer being adequately compensated WYDEN, implying that the resource attention to the determined efforts of for federal land ownership only adds to projects authorized by S. 1608 would my friend and colleague from Oregon, the burdens of rural communities try- open the door to clearcutting on our Senator RON WYDEN, on behalf of rural ing to bring in new industries, provide national forests. Colleagues, please counties. Senator WYDEN has worked education and health services, and don’t be fooled by the Washington tac- tirelessly to ensure that counties with bridge the digital divide. This is what tics being employed by the national en- federal lands get a fair deal. He has not we are trying to address with S. 1608. vironmental interest groups in opposi- been alone in his efforts. Senator CRAIG Lane County, Oregon, for example, tion to S. 1608. This bill makes clear from Idaho has been a vocal champion has seen receipts from federal lands that these projects must be in compli- of this legislation. And many other shrink by 65 percent over the last ten ance with federal environmental pro- senators, notably Senator BOXER of years. This has created a gaping $7 mil- tection laws and that they must be for- California, have offered constructive lion hole in the resources the County mulated by a Resource Advisory Com- input that has greatly improved the uses to provide families with basic mittee made up of interested stake- legislation now before us. needs, including public health and safe- holders, including environmentalists. As we all know, counties containing ty services, strong education systems, S. 1608 is supported by the National large amounts of public lands are not and safe roads and highways. If S. 1608 Forest Counties and Schools Coalition, able to raise sufficient revenues from is not passed, Lane County faces the a coalition of educators, county gov- taxes since the federal government is

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17957 not required to pay state or local gratitude for everything they have after school programs. Mr. President, taxes. Montana has one of the highest done. the Washington Post recently reported percentages of federally owned land of The process of rehabilitation and that 20 percent of all children in Amer- any state. This has a very significant clean-up has only begun, and the work ica are left unattended after school. In impact on the tax base of our counties, we do now will be critical to ensuring Montana, which has one of the highest and they have suffered because of it. As the full recovery of our lands and our incidents of parents having to work revenues from our national forests communities. For all of these reasons, multiple jobs just to make ends meet, have decreased, so too have the pay- I am very pleased that we were able to this number may be even higher. What ments to counties. Fortunately, Sen- change this bill to make sure that is clear is that children are less likely ator WYDEN stepped in with a creative counties in Montana and across the to get into trouble, less likely to com- solution that ensures that counties West could get much-needed funds for mit acts of violence, if they are in- have the option to receive much more firefighting and related efforts this volved in after school programs. In my steady funding. S. 1608 recognizes both year and in future years. mind, this provision gives us a tremen- the value of these public lands and the It has also become clear that we need dous opportunity to work with our needs of the affected counties. It is a to do more to prevent danger from fires most precious asset—the youth—and to wise compromise which allows counties before they start. I’ve heard from many give them opportunities to learn about the freedom to choose the plan that counties in Montana who have said our forests and to gain hands-on expe- best serves their needs. that they could prevent loss of life and rience in working on matters relating Mr. President, I would like to say property if they had funding available to our forests. just a few comments about title III of to educate new homebuilders about I was very pleased to be able to add S. 1608. I felt that it was very impor- where to build or not build their houses these important options to a bill that tant that counties have flexibility, not to reduce their exposure to wildfires is critically needed to ensure the fair only in how their funding is deter- and to make sure that emergency treatment of our rural counties. I urge mined but also in how it is spent. This equipment can get to their homes. my colleagues in the Senate to ac- is why I proposed title III of this bill, Homeowners need to know that a house knowledge the vital importance of and I am very pleased that the spon- built in the woods, especially if trees these efforts and to give this bill, and sors of the bill have accepted it. are not cleared away from the building, the rural counties of America, their Under this bill, each year counties as shown, will be very difficult to save full support. may spend 15–20 percent of their fund- from fires. If the right materials are Mr. President, before I close, I want ing on either title II projects or on used in construction, however, homes to take a moment to elaborate on two title III projects. As originally drafted, can be made much less vulnerable. issues that were addressed in a col- S. 1608 focused primarily on activities Under title III, counties will have the loquy between myself, Senator WYDEN occurring on federal lands. Title III funding to do this kind of education. and Senator BOXER. First is the question of whether a was an effort to give counties the op- They will also be able to fund county county can choose to allocate funds to tion to focus on activities that are not planning efforts to increase the protec- both title II and title III in the same necessarily ‘‘on’’ federal lands, but tion of people and property from year. As should be clear from that col- that clearly relate to federal lands. wildfires. loquy, the bill has been drafted so that First, under title III, counties may Some of you may be under the mis- counties may choose to send their use the funds as reimbursement for taken impression that the entire state funds to either title II or title III in search, rescue and emergency services, of Montana was on fire this summer, any given year, but not to both. including fire fighting performed on but let me assure you—the fires have Mr. President, I submit for the federal lands and paid for by the coun- not destroyed the beauty and value of RECORD a legal memorandum from ty. Mr. President, after the ravages of our public lands. Under title III, coun- Janet A. Poling, Associate General the recent fires in Montana, many of ties can use funds to acquire easements Counsel for the U.S. Forest Service, which are still burning, it is abun- to provide for nonmotorized access to which reaches the same conclusion dantly clear that counties desperately public lands for hunting, fishing and about the effect of the language in S. need this funding for both fire preven- other recreational purposes and to ac- 1608 as modified by the managers tion and fire fighting. Counties that quire conservation easements. These amendment. I ask unanimous consent are stretching to make ends meet for options are very important in states that a copy of this legal memorandum basic services, such as road building like Montana where growth is gradu- be printed in the RECORD following this and funding schools, simply can’t af- ally shutting off access to public lands statement. ford to suddenly incur the massive and eliminating important fish and Second is the question of the role of costs associated with fighting wildlife habitat. These provisions will the Resource Advisory Committees in wildfires. give counties the tools to make sure administering funds that a county I can’t impress upon you enough the that we are able to pass the West’s out- wishes to expend under title III. As catastrophic impact that this sum- door heritage on to our children and should be abundantly clear from the mer’s fires have had upon my state. grandchildren. language of S. 1608 as amended and The fires have raged out of control on This photo here is of Eric and Brit- from the colloquy between myself, Sen- our federal lands, such as the fire pic- tany Sharpe, children of Terry and ator WYDEN and Senator BOXER, the ture here (in the Beaverhead-Deerlodge Craig Sharpe of Helena. Eric and Brit- Resource Advisory Committees are in- National Forest which covered nearly tany’s dad is the head of the Montana tended to have only an advisory role on 85,000 acres and has not yet been con- Wildlife Federation, an organization projects under title III. In short, coun- tained. Cities have spent weeks under a that works non-stop to try to make ties are to have full discretion to spend cloud of smoke, as you can see in this sure that our children will be able to title III funds for the purposes enumer- photo of Helena. People, houses, and enjoy Montana’s great fish and wildlife ated under title III without any re- wildlife have all been threatened, and resource just as we do today. strictions or limitations placed upon it is thanks only to the heroic efforts Mr. President, let us never lose sight them by the Resource Advisory Com- of our firefighters that so few lives and of the real reason we do the work we mittees. structures have been lost. I was hon- do. Let us never lose sight of the chil- Mr. President, a second legal memo- ored to spend some time with these dren or ever forget for even a moment randum from the Associate General courageous individuals, and I can tell that we have a moral obligation to pass Counsel for the U.S. Forest Service you, you have never met a more hard- this place on to them in as good a reaches this conclusion based on the working, determined crowd of folks. shape or better than we found it. plain reading of S. 1608 as modified by We owe them a heartfelt thank you, Finally, counties may also use funds the managers amendment. Mr. Presi- and I would like to express my personal to establish and conduct forest-related dent, I ask unanimous consent that a

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17958 CONGRESSIONAL RECORD—SENATE September 13, 2000 copy of this legal memorandum be projects that have not been recommended by have the option to receive much more printed in the RECORD following the a resource advisory committee. steady funding. The bill now before us, first legal memorandum that I sub- Discussion: Section 302(a) provides: S. 1608, recognizes both the value of ‘‘(a) LIMITATION OF COUNTY FUND USE.— mitted for the RECORD. these public lands and the needs of the County funds shall be expended solely on There being no objection, the mate- projects that meet the requirements of this affected counties. It is a wise com- rial was ordered to be printed in the title and section 205 of this Act except that: promise which allows counties the free- RECORD, as follows: the projects shall be approved by the partici- dom to choose the plan that best serves U.S. DEPARTMENT OF AGRICULTURE, pating county rather than the Secretary their needs. OFFICE OF THE GENERAL COUNSEL, concerned.’’ Mr. WYDEN. Thank you for your Washington, DC, September 12, 2000. Section 302(b) provides for the authorized very kind words, Senator BAUCUS. The Informational Memorandum for Anne Keys, uses of ‘‘county funds’’ as that term is de- compromise legislation before us would Deputy Under Secretary for NRE fined in section 301(2). Section 303 terminates not have been achieved without the the authority to initiate projects using coun- From: Janet A. Poling, Associate General wise counsel and experience of the sen- Counsel, Natural Resources. ty funds at the end of fiscal year 2006. Subject: Request for Legal Interpretation of Section 302(a) also limits the use of county ior Senator from Montana, my good Section 102(d)(1)(B) in the Manager’s funds to projects that meet the requirements friend, Senator BAUCUS. He has made Amendment dated September 8, 2000, for of section 205. Although the reference to sec- substantial contributions to this bill, S. 1608, the ‘‘Secure Rural Schools and tion 205 is ambiguous, section 302(a) is most particularly in developing title III and Community Self-Determination Act of reasonably interpreted as requiring partici- in championing the need for adequate 2000.’’ pating counties to submit their proposals for funding for the prevention and fighting Issue: This memorandum responds to your the use of county funds to the appropriate of wildfires, like those that have rav- resource advisory committee for review in request for our legal interpretation of sec- aged the West and his own State of tion 102(d)(1)(B) in the manager’s amend- accordance with section 205(b)(1). We see ment dated September 8, 2000, for S. 1608. nothing in the bill that requires approval of Montana this summer. You have asked whether an eligible county a proposed project by a resource advisory Mr. BAUCUS. I thank my distin- can elect to use the balance of its funds for committee as a prerequisite for the use of guished colleague from Oregon. Mr. a combination of the listed purposes or county funds by a participating county. Our President, I would like to say just a whether an eligible county can use the funds interpretation is based in part on the proviso few comments about title III of S. 1608. for only one of the listed purposes. in section 302(a) that places the final deci- Senators WYDEN and CRAIG agreed to Discussion: Section 102(d)(1)(B) of the sub- sion making authority for the use of county include title III in this bill at my re- ject manager’s amendment provides: funds with the participating county. Addi- quest. I felt that it was very important ‘‘(d) EXPENDITURE RULES FOR ELIGIBLE tionally, Title III does not contain proce- that counties have flexibility, not only COUNTIES.— dures similar to those in Title II regarding (1) IN GENERAL.—Of the funds to be distrib- projects recommended by resource advisory in how their funding is determined but uted to an eligible county pursuant to sub- committees. also in how it is spent. This is why I section (c)— Summary: We see nothing in the bill that proposed title III of this bill, and I am (A) not less than 80 percent but not more requires approval of a proposed project by a very pleased that the sponsors of the than 85 percent of the funds shall be ex- resource advisory committee as a pre- bill have accepted it. pended in the same manner in which the 25- requisite for the use of county funds by a As explained by my colleague Sen- participating county. percent payments are required to be ex- ator WYDEN, under this bill, each year, pended; and Mr. BAUCUS. Mr. President, in clos- counties may spend 15–20 percent of (B) at the election of an eligible county, ing, let me thank the bill’s sponsors the balance of the funds not expended pursu- their funding either on title II projects ant to subparagraph (A) shall— and all of the Senators who have ex- or on title III projects. There has been (i) be reserved for projects in accordance erted so much effort on the behalf of some debate about whether counties with title II; our rural counties. Especially, let me should be able to ‘‘mix’’ funds in a (ii) be spent in accordance with title III; or thank Senators WYDEN and CRAIG who given year between title II and title III. (iii) be returned to the General Treasury in have worked so hard to answer con- Regardless of whether it would be a accordance with section 302(b).’’ cerns that were raised by me and by better policy to allow such mixing to We interpret subparagraph (B) as allowing other Senators, and who should receive occur or to maintain the current sepa- an eligible county to choose to use the bal- full credit for the passage of this fine ance of its funds for only one of the three ration between titles II and III, it is listed purposes. The provision would not legislation. clear that, as drafted, S. 1608 will not allow counties to use the funds for a com- Mr. President, I would like to draw allow such mixing to occur. And while bination of the purposes. For example, an el- attention to the determined efforts of this may not be a perfect solution, igible county could elect to reserve the funds my friend and colleague from Oregon, rarely is any legislation passed by Con- for projects in accordance with title II or to Senator RON WYDEN, on behalf of rural gress that could be characterized as spend the funds in accordance with title III, counties. Senator WYDEN has worked ‘‘perfect.’’ but could not allocate funds for both pur- tirelessly to ensure that counties with Mr. WYDEN. Again, let me thank the poses. federal lands get a fair deal. As we all Summary: Section 102(d)(1)(B) would allow senior Senator from Montana for his an eligible county to choose to use the bal- know, counties containing large work on title III, and add that I agree ance of its funds for only one of the three amounts of public lands are not able to with his interpretation of the separa- listed purposes. raise sufficient revenues from taxes tion between titles II and III. I would since the federal government is not re- also express my willingness to continue U.S. DEPARTMENT OF AGRICULTURE, quired to pay state or local taxes. Rec- to work with him to assure the effec- OFFICE OF THE GENERAL COUNSEL, ognizing that this is fundamentally un- tive implementation of this legislation, Washington, DC, September 13, 2000. fair to these counties, Congress has particularly of titles II and III. Informational Memorandum for Anne Keys, tried for some time to rectify this situ- Deputy Under Secretary for NRE, This is just one of countless issues From: Janet A. Poling, Associate General ation by providing funding from rev- that we have grappled with as we have Counsel, Natural Resources. enue generated on our public lands strived to make this bill as fair and re- Subject: Request for Legal Interpretation of from payments in lieu of taxes in an ef- sponsive as possible to the needs of our Section 302(a) in the Manager’s Amend- fort to make the counties financially rural counties. We have made giant ment dated September 8, 2000, for S. 1608, whole. strides in improving this legislation, the ‘‘Secure Rural Schools and Commu- Unfortunately, as revenue from our and I thank all the Members who have nity Self-Determination Act of 2000.’’ national forests has decreased, so too been willing to put aside their dif- Issue: This memorandum responds to your have the payments to counties. This request for our legal interpretation of sec- ferences and work in a bipartisan effort tion 302(a) in the manager’s amendment has been seriously disruptive to coun- to make this possible. dated September 8, 2000, for S. 1608. You have ties across the West. Fortunately, Sen- Mr. BAUCUS. Mr. President, let me asked whether a participating county may ator WYDEN stepped in with a creative talk for a moment about the purposes use county funds under the Title III on solution that insures that counties of title III. As originally drafted, S.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17959 1608 focused primarily on activities oc- These activities are vitally impor- prove the projects and the Resource curring on federal lands. Title III was tant. I’ve heard from many counties in Advisory Committee serves in an advi- an effort to give counties the option to Montana who have said that they could sory capacity. focus on activities that are not nec- prevent loss of life and property if they Mrs. BOXER. Senator WYDEN, it is essarily ‘‘on’’ federal lands, but that had funding available to educate new my understanding, along with our col- clearly relate to federal lands. homebuilders about where to build or league from Montana, that under sec- First, under title III, counties may not build their houses to reduce their tion 302(a), counties must meet the use the funds as reimbursement for exposure to wildfires and to make sure purposes of title III and section 205. search, rescue and emergency services, that emergency equipment can get to You will note that section 205 explic- including firefighting performed on their homes. And the same thing is itly does not give the Resource Advi- federal lands and paid for by the coun- true with respect to the materials that sory Committees the power to either ty. Mr. President, after the ravages of homes are built out of and the manner ‘‘approve’’ or ‘‘disapprove’’ projects. the recent fires in Montana, some of in which homes are landscaped. Home- Rather, under section 205, the Resource which are still burning, it is abun- owners need to know that a house built Advisory Committees are given the dantly clear that counties desperately in the woods should have a roof made power to ‘‘review’’ and ‘‘propose’’ need this funding for both fire preven- out of tin or some other material that projects. This is critical distinction. tion and fire fighting. Counties that won’t burn. Seemingly aesthetic deci- Because, while we want the Resource are stretching to make ends meet for sions can make the difference between Advisory Committees to be involved— basic services, such as road building a home and ashes during a year like as indeed we want all members of the and funding schools, simply can’t af- this one, and counties need funding to interested public involved—we do not ford to suddenly incur the massive expand this type of awareness. wish for the Resource Advisory Com- costs associated with fighting The same basic reasoning applies to mittees to in any sense ‘‘drive’’ or wildfires. I am pleased that we were county planning. Counties should have ‘‘control’’ or ‘‘limit’’ the use of title III able to change this bill to make sure the funds available if they want to pass funds. These funds are set aside for the that counties in Montana and across an ordinance requiring homeowners to counties and the counties should use the West could get much-needed funds clear brush away from their homes. them in their best discretion. for firefighting this year and in future this can help protect lives not only of Mr. WYDEN, would you agree that years. homeowners, but also of the fire- this is the intent of the bill? For similar reasons, I drafted title III fighters who will be called in to extin- Mr. WYDEN. Yes, that is the correct to allow counties to use the funds to guish burning structure fires. This can interpretation of the bill’s language reimburse their expenses for search and allow counties to focus their emer- and intent. The purpose of S. 1608 is to rescue operations performed on federal gency crews on problems that could increase both county funding and coun- lands and for the salaries and benefits not have been prevented. As written, ty choice. Unlike projects under title of county employees who supervise this provision will also allow counties II, the role of the Resource Advisory adults or juveniles performing manda- Committees is much more limited tory community service on public to fund other planning and zoning ef- under title III and is limited to an ad- lands. forts to minimize the impact that un- Second, under title III, counties may fettered development can have on our visory role. use the funds to acquire easements to forests and streams. By providing local Mrs. BOXER. Because the legislation provide for nonmotorized access to communities with the tools to address does not specify the timing for Re- public lands for hunting, fishing and these types of problems, it is my sin- source Advisory Committee review of other recreational purposes and to ac- cere hope that this title will diminish projects, is it the intent of the Senator quire conservation easements. These the conflicts that occur around our from Oregon that the Resource Advi- options are very important in states public lands and will help ensure that sory Committee review projects in a like Montana where growth is gradu- our children and grandchildren can timely manner? ally shutting off access to public lands continue to enjoy these lands and the Mr. WYDEN. That is correct. It is my and eliminating important fish and fish and wildlife that they support well intent that a Resource Advisory Com- wildlife habitat. These provisions will in to the future. mittee would review projects in as ex- give counties the tools to make sure Mr. WYDEN. I thank the senior Sen- peditious a manner as possible, but that we are able to pass the West’s out- ator from Montana for his thorough ex- that in any event, the failure of a Re- door heritage on to our children and planation of the provisions he helped source Advisory Committee to review a grandchildren. craft, which became title III of the bill. project in a timely manner would not Third, counties may use funds to es- Mr. BAUCUS. Mr. President, before I under this bill be grounds for denying a tablish and conduct forest-related after conclude, I just want to say a brief county the ability to move forward school programs. Mr. President, the comment about the relationship be- with it. Washington Post recently reported tween title III and the Resource Advi- Mrs. BOXER. And is it also your in- that 20 percent of all children in Amer- sory Committees formed under title II. tent, Senator WYDEN, that projects ica are left unattended after school. In Unlike the projects in title II, the under title III may be submitted by the Montana, which has one of the highest projects in title III are essentially Resource Advisory Committees, the incidents of parents having to work local concerns. While they relate to the public or the county itself? multiple jobs just to make ends meet, lands that are held in trust for the Mr. WYDEN. Yes, that is correct. No this number may be even higher. What American people, the title III projects one is excluded from submitting is clear is that children are less likely are not in any sense ‘‘federal’’ projects. projects under this bill. to get into trouble, less likely to com- Items such as county planning and zon- Mr. BAUCUS. Thank you, Senator mit acts of violence, if they are in- ing have always been seen as local mat- WYDEN, for those responses to the ques- volved in after school programs. In my ters and it is not the intent of this leg- tions from the Senator from California. mind, this provision gives us a tremen- islation to change that framework. In closing I would like to reiterate dous opportunity to work with our For that reason we have not given my admiration for the valiant efforts most precious asset—the youth—and to the Resource Advisory Committees the of the senior Senator from Oregon on give them opportunities to learn about same role in title III as they have in behalf of this bill and rural counties. our forests and to gain hands-on expe- title II. Under Section 204(a) of the bill, He has spent countless hours working rience in working on matters relating the Secretary may make a decision to to create this legislation and to ensure to our forests. approve a project only if it is sub- that it passes through the Senate, and Finally, under title III, counties can mitted to the Secretary by the Re- should be recognized as a true hero to use the funds for fire prevention and source Advisory Committee. By con- rural America. I urge my colleagues in county planning. trast, under title III, the counties ap- the Senate to acknowledge the critical

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17960 CONGRESSIONAL RECORD—SENATE September 13, 2000 importance of this work and to give Mr. LOTT. I thank the Senator for maining funds can either be used by this bill, and the rural counties of these clarifications, and hope that the counties to fund projects on federal America, their full support. affected agencies will implement this lands, as described in Title II, or to Mr. LOTT. Mr. President, I would law accordingly. fund county projects described in Title like to begin my comments by com- Mr. DASCHLE. Mr. President, today III such as search and rescue programs. mending the determined efforts of my the Senate is passing S. 1608, the Se- If neither of these two options is cho- friends from Oregon, Senator RON cure Rural Schools and Community sen, the fund are returned to the Treas- WYDEN, and my friend from Idaho, Sen- Self-Determination Act of 2000. This ury. ator LARRY CRAIG, on Behalf of rural legislation will provide counties de- While I am pleased that counties will counties. I would like to ask my col- pendent upon the federal timber pro- have a choice of how to use the remain- league from Idaho a few questions gram with critically-needed funding to ing 15 percent of funds, I have some about S. 1608. First, I am concerned support education, road-building and reservations about the requirements on about the composition of the resource other county programs. the use of Title III funds. Given the advisory committees in section 205(d) I want to commend Senator WYDEN fact that these funds are used for pro- of the bill. The bill identifies 3 groups in particular for his leadership and grams normally carried out by coun- of community interests that must be hard work on this legislation. He tire- ties, such as education and search and represented, and provides examples in lessly engaged in months of discussions rescue operations, it would be pref- each group. Is it the mangers’ intent with our Republican counterparts, the erable to leave these responsibilities in that the Secretary concerned will pick administration and fellow Democrats the hands of county commissioners a representative from each example in- to develop a bipartisan, compromise who are elected to make these deci- terest if that interest resides in the piece of legislation that will provide sions. Therefore, if this issue is consid- local area served by the advisory com- stability to timber-dependent counties ered in the future, I hope that we can mittee? for years to come. take another look at the process for Mr. CRAIG. Yes it is our intent that Since early in the last century, coun- approving Title III projects. the Secretary would select an indi- ties with significant federal land-hold- Once again, I’d like to commend Sen- vidual from each example group in ings have received 25 percent of the ator WYDEN, Senator CRAIG, Senator each of the three categories of commu- revenue earned from timber sales on BAUCUS, Senator BINGAMAN, Senator nity interests listed in section 205(d) those lands. Since federal lands cannot BOXER and Senator TORRICELLI for when representatives of that group are be taxed, these funds provide counties their thoughtful consideration of this interested in the management of the with a critical source of revenue to legislation. public lands overseen by a particular maintain schools and roads. Mr. LOTT. Mr. President, today advisory committee. Over the past decade, it has become marks the passage of S. 1608, the Se- Mr. LOTT. Let me ask a second ques- clear that counties can no longer de- cure Rural Schools and Community tion. Is it your view that the language pend upon these funds. In many areas, Self-Determination Act of 2000. of section 102(d)(1)(B) and section This bill is a promising example of the timber program has declined or 102(c)(1)(B) allows the counties to di- bipartisanship and what can be accom- ceased altogether, reducing revenue vide their project funds between title II plished when members of this body that counties depend up to make ends and title III projects as they choose? work together. Senator WYDEN and meet. As a result, many counties have Mr. CRAIG. The plain language of Senator CRAIG have worked furiously had to cut educational programs for these sections provides such flexibility. over the past year to put together a I agree with some who have stated that children significantly. While counties bill that gives relief to communities in would be the best policy, and the lan- in the Black Hills of South Dakota economic stress due to changes in man- guage would provide such an oppor- continue to receive adequate funding agement on our Federal lands. Our na- tunity. I will leave it to the imple- under existing laws, recent challenges tional forests need the involvement of menting agencies to decide how to best to the timber program in South Da- Federal, State, and local interests to express the flexibility provided by kota and elsewhere have made it clear restore ecosystems, provide steward- these sections of statute. that we must have a safety net for all ship opportunities and maintain forest Mr. LOTT. Thank you. Now I have a timber-dependent counties. infrastructure. This bill attempts to final question. Do the advisory com- No child’s education should be de- bring people together to solve land mittees function in much the same way pendent upon the federal timber pro- management issues, working to create in reviewing title II and title III gram. S. 1608 severs that link by pro- healthy forests and healthy commu- projects? viding counties with the option of nities. Mr. CRAIG. The bill language in ti- choosing a set payment based upon S. 1608 will create resource advisory tles II and III provides that they will timber revenues they received in the committees with representatives from function in much the same way, with a past or continuing with the current across the spectrum, to develop stew- few differences. First, they are advi- formula. This choice will provide coun- ardship projects on their surrounding sory to the Secretary in title II and to ties with the continuity and funding Federal lands. These projects, after ap- the relevant county in title III. In nei- they need to provide a quality edu- proval from the Secretary, will create ther case do they actually approve cation for children in their schools. jobs for local people, and healthy for- projects, but their recommendation is I’d like to take a few minutes to ests for all. required. If there is no recommenda- highlight some important provisions of As we watch our forests go up in tion under title II the money will ulti- this bill. Like any product of com- smoke all over the west, and parts of mately be returned to Treasury under promise, it is not perfect, and there are the south, we are reminded how impor- the terms of section 209. If there is no sections that I would like to see tant healthy forests are to all of us. S. recommendation under title III, the changed. Nonetheless, we cannot con- 1608 provides resources for healthy counties can ultimately spend the tinue to sacrifice the education of communities and forests. money on title III projects under the schoolchildren while we debate this By providing the mechanism, and the terms of section 303. It is my expecta- bill. We need to move forward. stable payments for counties to fund tion that the authority of neither of First, 85 percent of the funds made their local infrastructure, roads will be these sections will be required. I be- available by this bill go directly to maintained, fire departments will be lieve that the resource advisory com- counties to fund roads and schools. staffed and prepared, and rural commu- mittees will find consensus in devel- These funds are generally equivalent, nities will once again feel secure in oping and recommending title II and or greater to, the amount of funding knowing their families will be pro- title III projects with the respective that counties receive today. Addition- tected, because their community infra- Secretaries or counties as the case may ally, it gives counties a choice of how structure is in place and has a stable be. to spend the remaining 15 percent. Re- source of funding.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17961 S. 1608, the Secure Rural Schools and many of our colleagues who put in a to find these school districts beyond community Self Determination Act is great many hours on this legislation. their capacities not only to fund but to a critical step toward guaranteeing Frankly, 18 months ago, they said it educate. It was also true with counties’ adequate educational funding for forest could not be done. This legislation 18 roads and bridge funds. communities, while ensuring a stable, months ago was an ideological magnet The legislation that has just passed consistent source of general treasury for those who wanted to debate natural the Senate tonight sets us in a direc- funding for ecosystem restoration, for- resources policy. Senator CRAIG and I tion of resolving that problem and est infrastructure maintenance and said this legislation, which funds basic bringing about a resolution through a stewardship projects on our national services in rural America for schools, collaborative process at the local level forest land. Parents will see a substan- roads, and other essential services, was between so many stakeholders who tial increase in the amount of money beyond that kind of discussion. It was have legitimate concerns and interests directed toward education in public too important to try to settle all of the as to how the natural resources of our schools. We have counties in this coun- divisive issues about natural resources public lands be managed. try who have been forced to reduce the on this legislation. I am so pleased that we could work school week to 4 days, eliminate after- I am very pleased this bipartisan leg- toward an end that we have arrived at school activities like band and ath- islation has been passed because this tonight that is embodied in S. 1608. We letics, because of a lack of money to legislation sends a strong message that still have work to do in adjusting our fund the schools. S. 1608 works to rem- it is not right for Federal policies to public policies to bring about the kind edy this problem by sending more turn rural communities into economic of balance we need. money to these counties for the edu- sacrifice zones. I believe this reinvents As the Presiding Officer well under- cation of their children. In my home the relationship between local commu- stands, rural America, be it agricul- state of Mississippi, the timber indus- nities and the Federal lands that are so tural policy or resource policy, finds try is the lifeblood of many of these important to them. It will ensure that itself with very real problems today. It small counties. we can provide for the economic liveli- is going to be incumbent upon some of We hear people say everyday that our hood of folks in rural communities, but us in this body to try to address those children are our future. I will say it also it ensures that in the future we problems, both in the adjustment of again today—our children are our fu- are going to focus on watershed res- policy and certainly in the recognition ture, and S. 1608 secures the education toration and conservation easements of the necessary resources to help these of our children in many of the commu- and a wide variety of measures that are communities. Tonight, in part, we will nities in desperate need of help. going to protect ecosystems. have responded to that need. I care deeply about the health of this I thank my colleague who is on the f country’s communities, schools, and floor, Chairman CRAIG. As I said, 18 AUTHORIZATION OF DOCUMENT forests, and therefore, I commend the months ago no one would have thought PRODUCTION valiant efforts of Senator CRAIG and that we could be here tonight with this Senator WYDEN for their work on S. extraordinarily important legislation Mr. CRAIG. Mr. President, I ask 1608. I yield the floor. for rural America. unanimous consent the Senate now Mr. CRAIG. Mr. President, I ask I yield the floor. proceed to the immediate consider- unanimous consent the amendment be The PRESIDING OFFICER. The dis- ation of Senate Resolution No. 356 sub- agreed to, the committee substitute tinguished Senator from Idaho. mitted earlier by Senator LOTT and amendment be agreed to, the bill be Mr. CRAIG. Mr. President, I ask Senator DASCHLE. read the third time and passed, the mo- unanimous consent to proceed for no The PRESIDING OFFICER. The tion to reconsider be laid upon the more than 1 minute. I want to respond clerk will report the resolution by table, the amendment to the title be to my colleague. title. agreed to, and that any statements re- The PRESIDING OFFICER. Without The assistant legislative clerk read lated to the bill be printed in the objection, it is so ordered. The Senator as follows: RECORD as if read. is recognized. A resolution (S. Res. 356) to authorize doc- The PRESIDING OFFICER. Without Mr. CRAIG. Mr. President, I will umentary production by Select Committee objection, it is so ordered. briefly respond to my colleague from on Intelligence. The amendment (No. 4139) was agreed Oregon in relation to the legislation There being no objection, the Senate to. about which he has just spoken. I cer- proceeded to the immediate consider- The committee amendment in the tainly agree with him. He and I, work- ation of the resolution. nature of a substitute, as amended, was ing together—I as chairman of the For- Mr. LOTT. Mr. President, the Select agreed to. estry Subcommittee, he as the ranking Committee on Intelligence has received The bill (S. 1608), as amended, was member—saw and recognized a crisis in a request from the Federal Bureau of read the third time and passed. the rural communities of America that Investigation for a certified copy of the (The bill will be printed in a future were once named timber dependent be- testimony of former Director of Cen- edition of the RECORD.) cause they had derived a share of their tral Intelligence John M. Deutch dur- The title was amended so as to read: revenue to fund their schools, roads, ing a February 22, 2000 closed com- ‘‘A bill to provide stability and pre- and bridge funds from the revenue of mittee hearing, in connection with the dictability to the annual payments timber receipts which have faded dra- Bureau’s pending inquiry into the al- made to States and counties con- matically. We began to work together leged improper handling of classified taining National Forest System lands on a resolution of the problem, and to- information by Mr. Deutch. and public domain lands managed by night we have brought that to the This resolution would authorize the the Bureau of Land Management for floor. chairman and vice chairman of the In- the benefit of public schools and roads I certainly agree with Senator telligence Committee, acting jointly, and to enhance the health, diversity WYDEN. It was contentious at times, to provide the certified copy of the and productivity of federal lands.’’ but we saw the need to respond to what closed hearing transcript in response to The PRESIDING OFFICER. The dis- literally had become a national crisis this request, utilizing appropriate secu- tinguished Senator from Oregon. in rural resource-dependent commu- rity procedures. Mr. WYDEN. Mr. President, I will be nities across our country. Mr. CRAIG. I ask unanimous consent very brief. I thank my colleagues, par- Well over 4,000 school districts and that the resolution be agreed to, the ticularly Chairman CRAIG, Senator nearly 50,000 children were victimized preamble be agreed to, the motion to GORDON SMITH, who was so extraor- by actions or policies that failed to rec- reconsider be laid upon the table, and a dinarily helpful, Senator BINGAMAN, ognize that we had to adjust law and/or statement of explanation be printed in Senator BAUCUS, Senator BOXER, and change policy or we were simply going the RECORD.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17962 CONGRESSIONAL RECORD—SENATE September 13, 2000 The PRESIDING OFFICER. Without proceed to the immediate consider- AUTHORIZATION FOR APPOINT- objection, it is so ordered. ation of S. Res. 357, submitted earlier MENT BY THE PRESIDENT PRO The resolution (S. Res. 356) was by Senator BROWNBACK and Senator TEMPORE agreed to. WELLSTONE. Mr. CRAIG. Mr. President, I ask The preamble was agreed to. The PRESIDING OFFICER. The reso- unanimous consent the President pro The resolution, with its preamble, lution will be stated by title. tempore of the Senate be authorized to reads as follows: appoint a committee on the part of the S. RES. 356 The assistant legislative clerk read as follows: Senate to join with a like committee Whereas, the Federal Bureau of Investiga- on the part of the House of Representa- tion has requested that the Senate Select A resolution (S. Res. 357) welcoming Prime tives to escort the Prime Minister of Committee on Intelligence provide it with a Minister Atal Bihari Vajpayee, Prime Min- certified copy of the testimony of former Di- ister of India, upon his first official visit to India into the House Chamber for the rector of Central Intelligence John M. the United States, and for other purposes. joint meeting on Thursday, September Deutch during its closed February 22, 2000 14, 2000. hearing, in connection with a pending in- There being no objection, the Senate The PRESIDING OFFICER. Without quiry into the alleged improper handling of proceeded to consider the resolution. objection, it is so ordered. classified information by Mr. Deutch; Mr. CRAIG. Mr. President, I ask f Whereas, by the privileges of the Senate of unanimous consent the resolution be the United States and Rule XI of the Stand- REMOVAL OF INJUNCTION OF SE- agreed to, the preamble be agreed to, ing Rules of the Senate, no evidence under CRECY—TREATY DOCUMENT NO. the motion to reconsider be laid upon the control or in the possession of the Senate 106–48 can, by the administrative or judicial proc- the table, and finally any statements ess, be taken from such control or possession relating to the resolution be printed in Mr. CRAIG. Mr. President, as in exec- but by permission of the Senate; the record. utive session, I ask unanimous consent Whereas, when it appears that documents, that the injunction of secrecy be re- The PRESIDING OFFICER. Without papers, and records under the control or in moved from the following convention the possession of the Senate may promote objection, it is so ordered. transmitted to the Senate on Sep- the administration of justice, the Senate will The resolution (S. Res. 357) was tember 13, 2000, by the President of the take such action as will promote the ends of agreed to. United States: Joint Convention on the justice consistently with the privileges of Safety of Spent Fuel and Radioactive the Senate: Now, therefore, be it The preamble was agreed to. Resolved, That the Chairman and Vice The resolution, with its preamble, Waste Management (Treaty Document Chairman of the Senate Select Committee reads as follows: No. 106–48); I further ask that the con- on Intelligence, acting jointly, are author- vention be considered as having been ized to provide to the Federal Bureau of In- S. RES. 357 read the first time; that it be referred, vestigation, under appropriate security pro- Whereas the United States and India are with accompanying papers, to the Com- cedures, a certified copy of the transcript of two of the world’s largest democracies that mittee on Foreign Relations and or- its closed February 22, 2000 hearing. together represent one-fifth of the world’s dered to be printed; and that the Presi- f population and more than one-fourth of the world’s economy; dent’s message be printed in the ADRIAN A. SPEARS JUDICIAL Whereas the United States and India share RECORD. TRAINING CENTER common ideals and a vision for the 21st cen- The PRESIDING OFFICER. Without tury, where freedom and democracy are the objection, it is so ordered. strongest foundations for peace and pros- The message of the President is as PAMELA B. GWIN HALL perity; follows: Whereas the growing partnership between the United States and India is reinforced by To the Senate of the United States: KIKI DE LA GARZA UNITED the ties of scholarship and commerce and, in- I transmit herewith, for Senate ad- STATES BORDER STATION creasingly, of kinship among our people; vice and consent to ratification, the Whereas the million-strong Indian-Amer- Joint Convention on the Safety of ican community in the United States has en- Spent Fuel Management and on the JAMES H. QUILLEN UNITED riched and enlivened the societies of both the Safety of Radioactive Waste Manage- STATES COURTHOUSE United States and India, and this community ment, done at Vienna on September 5, provides a strong bond between India and the 1997. Also transmitted for the informa- Mr. CRAIG. Mr. President, I ask United States and is playing an important unanimous consent the Senate now role in deepening and strengthening coopera- tion of the Senate is the report of the proceed en bloc to consider the fol- tion between India and the United States; Department of State concerning the lowing naming bills reported by the and Convention. Environment and Public Works Com- Whereas the visit to the United States of This Convention was adopted by a mittee: Calendar No. 719, H.R. 1959; Cal- the Prime Minister of India, Atal Bihari Diplomatic Conference convened by the endar No. 720, H.R. 1729; Calendar No. Vajpayee, is a significant step in the broad- International Atomic Energy Agency ening and strengthening of relations between 721, H.R. 1901; Calendar No. 722, H.R. (IAEA) in September 1997 and was the United States and India: Now, therefore, opened for signature in Vienna on Sep- 4608. be it I further ask consent that the bills be tember 5, 1997, during the IAEA Gen- Resolved, That the Senate hereby— read the third time and passed, the mo- eral Conference, on which date Sec- (1) welcomes the Prime Minister of India, retary of Energy Federico Pen˜ a signed tions to reconsider be laid upon the Atal Bihari Vajpayee, upon his first official table, that any statements relating to visit to the United States; the Convention for the United States. any of these bills appear in the (2) pledges its commitment to the expan- The Convention is an important part RECORD, with the above occurring en sion of ties between the United States and of the effort to raise the level of nu- bloc. India, to the mutual benefit of both coun- clear safety around the world. It is The PRESIDING OFFICER. Without tries; and companion to and structured similarly objection, it is so ordered. (3) recognizes that the visit of the Prime to the Convention on Nuclear Safety The bills (H.R. 1959, H.R. 1729, H.R. Minister of India, Atal Bihari Vajpayee, to (CNS), to which the Senate gave its ad- the United States is a significant step to- 1901, and H.R. 4608) were read the third vice and consent on March 25, 1999, and wards broadening and deepening the friend- which entered into force for the United time, and passed. ship and cooperation between the United f States and India. States on July 10, 1999. The Convention establishes a series of broad commit- SEC. 2. The Secretary of the Senate shall WELCOMING THE PRIME MINISTER ments with respect to the safe manage- OF INDIA transmit a copy of this resolution to the President with the request that he further ment of spent fuel and radioactive Mr. CRAIG. Mr. President, I ask transmit such copy to the Prime Minister of waste. The Convention does not delin- unanimous consent the Senate now India, Atal Bihari Vajpayee. eate detailed mandatory standards the

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17963 Parties must meet, but instead Parties The PRESIDING OFFICER. Without make technical corrections in the enroll- are to take appropriate steps to bring objection, it is so ordered. ment of S. 1374. their activities into compliance with f There being no objection, the Senate the general obligations of the Conven- proceeded to consider the concurrent tion. PROGRAM resolution. The Convention includes safety re- Mr. CRAIG. For the information of Mr. CRAIG. Mr. President, I ask quirements for spent fuel management all Senators, at 11 a.m. tomorrow the unanimous consent that the resolution when the spent fuel results from the Senate will resume consideration of be agreed to and the motion to recon- operation of civilian nuclear reactors the China PNTR legislation. Under the sider be laid upon the table. and radioactive waste management for order, there are 10 amendments re- The PRESIDING OFFICER. Without wastes resulting from civilian applica- maining for debate and up to 6 hours of objection, it is so ordered. tions. general debate remaining on the bill. The concurrent resolution (H. Con. The Convention does not apply to a Those Senators with amendments in Res. 394) was agreed to. Party’s military radioactive waste or order are encouraged to work with the The PRESIDING OFFICER. The dis- spent nuclear fuel unless the Party de- bill managers on a time to debate those tinguished Senator from Iowa is recog- clares it as spent nuclear fuel or radio- amendments. Senators should be aware nized. active waste for the purposes of the that votes will occur throughout the f Convention, or if and when such waste day. material is permanently transferred to MARKETING OF VIOLENT FILMS As a reminder, Senators should be in AND VIDEOS and managed within exclusively civil- the Senate Chamber by 9:30 a.m. to- ian programs. The Convention contains morrow to proceed as a body to the Mr. GRASSLEY. Mr. President, provisions to ensure that national se- Hall of the House of Representatives at today the Commerce Committee had curity is not compromised and that 9:40 to hear an address by the Indian an oversight hearing on violence mar- Parties have absolute discretion as to Prime Minister. keted to children by the entertainment what information is reported on mate- industry. This oversight is long over- rial from military sources. f due. I congratulate Senator MCCAIN for The United States has initiated ORDER FOR ADJOURNMENT holding such a hearing. many steps to improve nuclear safety The purpose of the hearing was to Mr. CRAIG. Mr. President, if there is worldwide in accordance with its long- look at the FTC study that just came no further business to come before the standing policy to make safety an ab- out that charged the entertainment in- Senate, I now ask unanimous consent solute priority in the use of nuclear en- dustry with marketing of violent films the Senate stand adjourned under the ergy, and has supported the effort to and videos to children. previous order, following the remarks develop both the CNS and this Conven- The bottom line is that as we have of up to 10 minutes of Senator GRASS- tion. The Convention should encourage heard President Clinton and Vice LEY and up to 60 minutes of Senator countries to improve the management President Gore respond to the FTC rul- JACK REED on the subject of China. of spent fuel and radioactive waste do- ings, there is an inconsistency in their The PRESIDING OFFICER. Without mestically and thus result in an in- responses and how they have generally objection, it is so ordered. crease in nuclear safety worldwide. interacted with Hollywood over the Consultations were held with rep- f last 8 years. resentatives from States and the nu- MEASURE READ THE FIRST I establish as a basis for my remarks clear industry. There are no significant TIME—H.R. 2090 some quotes from the various news- new burdens or unfunded mandates for papers of the recent month and a half. Mr. CRAIG. Mr. President, I under- the State or industry that should re- For instance, on September 12, the stand H.R. 2090 is at the desk, and I ask sult from the Convention. Costs for im- Washington Post, commenting on this, for its first reading. plementation of the proposed Conven- said: tion will be absorbed within the exist- The PRESIDING OFFICER. The clerk will report the bill by title. In separate time zones, but with one mes- ing budgets of affected agencies. sage, President Clinton and Vice President I urge the Senate to act expedi- The assistant legislative clerk read Gore delivered a joint threat to the enter- tiously in giving its advice and consent as follows: tainment industry today that harsh regula- to ratification. A bill (H.R. 2090) to direct the Secretary of tion could come if the makers of explicit and WILLIAM J. CLINTON. Commerce to contract with the National violent movies, recordings and video games THE WHITE HOUSE, September 13, 2000. Academy of Sciences to establish the Coordi- do not stop advertisement at children. nated Oceanographic Program Advisory f I continue to read from the same Panel to report to the Congress on the feasi- story in the Washington Post. Later on ORDERS FOR THURSDAY, bility and social value of a coordinated it says: SEPTEMBER 14, 2000 oceanographic program. But Gore has not always appeared con- Mr. CRAIG. Mr. President, I ask Mr. CRAIG. Mr. President, I now ask sistent on this issue. In 1987, as he was gear- unanimous consent that when the Sen- for its second reading and object to my ing up for his first presidential campaign, ate completes its business today, it ad- own request. Gore and his wife held a meeting with rock journ until the hour of 11 a.m. on The PRESIDING OFFICER. Objec- music executives in which Gore apologized Thursday, September 14. I further ask tion is heard. for his role in a 1985 Senate Commerce Com- mittee hearing on rock music lyrics. A tape unanimous consent that on Thursday, f of the meeting was obtained by Daily Vari- immediately following the prayer, the TECHNICAL CORRECTIONS TO S. ety. Tipper Gore, who had testified at the Journal of proceedings be approved to 1374 hearing on behalf of the Parents Music Re- date, the morning hour be deemed ex- source Center, called the hearing ‘‘a mis- pired, the time for the two leaders be Mr. CRAIG. Mr. President, I ask take. . .that sent the wrong message.’’ reserved for their use later in the day, unanimous consent that the Senate Last year, the Los Angeles Times reported and the Senate then resume consider- now proceed to the consideration of H. that Gore met privately with potential do- ation of H.R. 4444, the PNTR China leg- Con. Res. 394, which is at the desk. nors in the entertainment industry in July islation as under the previous order. The PRESIDING OFFICER. The 1999 and told them the idea for the FTC The PRESIDING OFFICER. Without clerk will report the concurrent resolu- study— objection, it is so ordered. tion by title. Which I just referred to— Mr. CRAIG. I further ask unanimous The assistant legislative clerk read was Clinton’s and not his, and that he was consent the two leaders have an extra as follows: not consulted. 10 minutes each for purposes of morn- A concurrent resolution (H. Con. Res. 394) Then on August 18, the Chicago Trib- ing business during tomorrow’s session. directing the Secretary of the Senate to une shows an inconsistency in how

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17964 CONGRESSIONAL RECORD—SENATE September 13, 2000 they react and work with Hollywood at The fact is that the Vice President What we do not need is the Vice different times. It says: has taken a record amount of money President telling the American people In southern California, records show, Gore from the entertainment industry. I one thing while—with a wink and nod and the Democratic National Committee so refer, again, to the Chicago Tribune. towards Hollywood, towards the big far have raised $10.3 million—a 13 percent in- The Vice President and the Democratic shots of the movie industry—assuring crease—at a time when the DNC’s nation- National Committee have raised $10.3 the Hollywood elite he does not mean wide fundraising pace is lagging behind 1996, million from southern California as of what he says as he pockets their cold when Clinton ran for re-election. August this year, a 13 percent increase cash. Quoting further in the article: over 1996, and the Vice President has Mr. President, I yield the floor. Gore generated $443,050 in hard money gotten $443,050 in hard money from the The PRESIDING OFFICER. The dis- from the entertainment industry, 86 percent entertainment industry, 86 percent tinguished Senator from Rhode Island more than Clinton in 1996. He also took in more than President Clinton received is recognized. $340,375 from lawyers and lobbyists, a 66 per- in 1996. f cent increase, and $124,350 from real estate The Clinton-GORE administration has interests, an 82 percent jump. PERMANENT NORMAL TRADE been a real friend to the Hollywood lib- RELATIONS WITH CHINA Now I will quote from the August 18 erals over the years. I guess all of those Los Angeles Times. The reference in campaign contributions have had some Mr. REED. Mr. President, we have, the headline reads: ‘‘. . .The Vice effect. I think that when Hollywood for many days, been debating the mo- President is building upon that legacy’’ producers hear one of their best friends mentous decision of extending perma- to follow Clinton’s close relationship in Washington criticize the entertain- nent normal trade relations with with Hollywood. ‘‘He has already raised ment industry, they just look to their China. more than the President did in ’96.’’ ‘‘cozy relationship’’ with Clinton-Gore. At the essence of our debate is a very Later on in that article, referring to The Hollywood moguls know GORE does simple question: Will we continue a a person whom I do not know—his not really mean what he says; at least policy of economic engagement with name is Reiner: that is a clear signal. Hollywood knows China or will we turn away? I believe But Reiner...has expressed greater sup- GORE does not really want to ‘‘rock the we have to continue this policy of en- port for Gore than he had for Clinton. He has boat.’’ gagement. We have pursued this policy hosted fund-raisers for Gore at his home, For instance, how many times at for almost 30 years. It has contributed stumped for him on television and even flew these fundraisers that they had was the to profound change in China. But it has to Ohio to join him at a campaign event last not transformed China into a classical week. opportunity taken to protest the vio- lence coming from Hollywood through liberal democracy. It has not led to the A reference to the fact there were their films and their videos? establishment of a multiparty democ- Hollywood types campaigning strongly According to the L.A. Times, the racy, with an independent judiciary for the Vice President because there Vice President privately told a group protecting the rights of China’s people, was some chagrin in Hollywood, at of Hollywood donors that he had noth- particularly the rights of expression. It least for a short period of time, about ing to do with President Clinton’s ef- has not cramped China’s policy which whether he is a legitimate crusader fort to study whether Hollywood mar- supports the proliferation of weapons against Hollywood violence, which Sen- kets violence to children and that he of mass destruction. But it has placed ator LIEBERMAN is, that he was being was not consulted on the issue. That China on a very different historical selected as Vice President. was in 1999. trajectory than could have taken place. The Los Angeles Times reports on But now that the study is out—this This notion of the change brought in August 17, 2000—and this was Vice study came out this week—Vice Presi- China came to me with great force last President GORE doing this. dent GORE is talking it up and taking August when I was traveling through The effort to blunt any dissent over credit. The Vice President is acting as China. I was at Dandong on the Yalu Lieberman’s selection started as word leaked if he has not made private promises to River. We were looking across into out of his ascension to the ticket. Gore, ac- his big campaign donors and to Holly- North Korea. One of our guides pointed cording to an associate, made a round of wood notables that they should not out that in the 1950s and early 1960s, soothing calls to Hollywood figures, includ- worry about a crackdown on Hollywood North Korea had a higher per capita in- ing moguls Jeffrey Katzenberg and David come. North Korea was seen as the Geffen. excesses. But we have heard all of this before. model of socialist development in Asia. I have already congratulated Senator In 1988, then-Senator GORE made North Korea had had a heavy industrial MCCAIN for holding this hearing. We similar promises after holding hearings sector that was competitive with many need to do what we can to stop violence into offensive music lyrics. It appears parts of the world. being peddled by Hollywood so our the Vice President will say what he Yet today—at that time last year— young people do not think it is right to wants to say, what he needs to say, to we were peering into a country that kill anybody. I do think it is wrong for anybody he needs to say it to, just to was starving, that had an economic the very people who are carrying on get elected. I think the American peo- system in collapse, that we were con- this crusade—the Vice President and ple will not be fooled by these kinds of cerned could be so unstable they could the President—schmoozing at the same bait-and-switch tactics. They know a threaten the peace of the region. time they are carrying on this cam- phony act when they see one. They did not choose the trajectory of paign with Hollywood. In fact, Hollywood liberals are ac- international trade. They did not I want to comment on Vice President tively campaigning for the Vice Presi- choose the path of engagement with GORE’s curious interest in criticizing dent. For example, according to press the West. One can ask: Had China gone the entertainment industry for pro- reports, stars and movie producers that route, had we not tried to engage ducing violent movies, television have hosted GORE fundraisers, and China, would we be facing today a shows, and video games that promote some have even stumped for GORE country with over 1 billion people her- immorality and attack traditional around the country. So much then for metically sealed in an economically family values. standing up to Hollywood as opposed to failing and ideologically driven coun- I do not doubt for 1 minute, as I have schmoozing with them. try, armed with nuclear weapons? If we already indicated, that Senator The American people need their lead- were confronting such a country, I LIEBERMAN is very sincere in his views ers to take a genuine interest in build- think we would be much worse off than on this matter, but the fact is that the ing a civil society of which we can all we are today, even with the frustrating Vice President is at the top of the be proud. We need leaders who will and uneven relationship that we have— Democratic ticket, and everyone make sure children are protected from and we must admit we have—with knows that he will set the real tone violence and immorality peddled under China. So I believe that we must con- should he be elected in November. the guise of entertainment. tinue this policy of engagement, which

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17965 is at the heart of the extension of per- So this change has also affected Our system emphasizes the protec- manent normal trade relations. China. This change is recognized by the tion of property rights. It also empha- China is now a part of the world and leadership. I had the opportunity to sizes the expectation of the regularity the world economy, but it is also still meet with Zhu Rongji, the Premier, of governmental action. That is a po- China. It is a mixture of modernity and while I was there just a few weeks ago. lite term for ‘‘no corruption.’’ That is also a mixture of the old, indeed, the They understand very well that eco- at the heart of our trading system. ancient. nomic change will lead to political China has to come to grips with that. One of the examples that I have seen change. They might not welcome it. Moreover, I do not believe China can in China—this one occurred just a few They might indeed try to avoid it. But divorce itself from even more funda- weeks ago when I was traveling there they know that political forces, as well mental values that are part and parcel again—is the contrast in Wuhan. as economic forces, are unleashed when of the world outside of developing Wuhan is a city on the Yangtze Sea in markets are open. That is one of the ef- countries. They start with respect for China. It is an old city, not like the fects we will see through this extension human rights, which is at the core of new cities on the coast such as Shang- of permanent normal trade relations. our democratic values, and they in- hai and other cities. It is in some re- For many reasons, I believe to step clude protections for workers and the spects the Pittsburgh of China. It is a away would be a mistake. It would im- environment. We may have been unsuc- highly intense, heavily industrial city. mediately embolden those who are our cessful in getting into these agree- You can tell that from the extraor- most bitter antagonists within China. ments, with force and with effect, lan- dinarily bad air pollution. It would, in many ways, take away the guage regarding human rights and There are two companies we saw. One legitimacy of those forces in China, not worker rights and environmental was the Wuhan Iron and Steel Com- liberals, but pragmatists who have rights, but no country or economy in pany. It is right out of the industrial sought a relationship with the West, the world can operate indefinitely age. Andrew Carnegie would have been and the United States in particular, today without recognizing these rights. right at home, except for the 386 com- that emphasizes trade over hostility, In a world of increasingly transparent puters that were running the facility. that emphasizes engagement over con- borders, the lessons of the economic, Then we saw another factory, the flict. social and, indeed, one would say, Yangtze Fiber Optic Company. It could To step away would also allow indus- moral success which has steadily im- have been in Silicon Valley in Cali- trial nations around the world to take proved the life of those who live in fornia, producing fiber optic cable, pro- the benefits of our deal, the benefits of market economies in the West, do not ducing it to world standards. Initially, our bilateral relationship, the benefits escape the people in China and the peo- it was a product of investment by the of open trade with China, while we in- ple around the world. To the extent Dutch company Phillips, now it is a effectively try to use our abstention, that they open themselves up to trade, our veto of China’s entry into WTO, as wholly owned enterprise by Chinese they open themselves up to exposing very ineffectual political leverage to owners. These are the examples of the these values to their own people. move them. China has a monumental task as economy—the old and the very modern. To step away would also represent a In addition to that, when you go out they embrace this notion of free trade. serious rupture in our relations with into the villages, you see perhaps the It is not a one-way street. It is a two- China that could not be explained away way street. They face the task of trans- truly ancient. As you drive through as merely a dispute about trade, the forming a system that is seriously un- China, you see individuals hammering technicalities of trade. It would harden dermined by persistent corruption, away, as they have for thousands of attitudes and opinions within China that pays scant respect to individual years, repairing bicycles with hammers and, indeed, here in the United States rights, that chooses order over law, and and not much else. You see farming ac- at a time when we need a constructive is obsessed with the need to keep mil- tivities that could go back thousands and candid dialogue about our dif- lions of people working in an economy of years. It is a diverse country. But it ferences. And our differences are real. dominated by inefficient state-owned is a country that has been profoundly In order to discuss these differences, in enterprises. Add to those domestic affected by change in its contact with order to maintain this dialogue, the ex- problems that are real and palpable the the West over the last several decades. tension of PNTR is essential. fear that internal disorder will lead to The other factor that is being seen as It is quite evident at this juncture the exploitation of China by outside a result of this contact is the pressures that a majority of my colleagues in the forces, a situation that dominated Chi- within China generated by this change. Senate find these reasons compelling, nese history in the last century and up We sometimes, and quite rightly, look and PNTR will pass. But looking until the 1940s. to the effects on the United States by ahead, we should, at this point, be very In one respect that is one of the this trade deal. We presume that the cognizant of the possible consequences major reasons why they are militarily only effects that are felt in China are of PNTR. It will not be a panacea. It provocative in many ways to us, be- positive, are beneficial, that in fact will not change China overnight. It will cause to us they look as if they want they are not going to make difficult not lead to a huge increase in Amer- to, perhaps figuratively, take over the choices and decisions. In fact, the re- ican exports to China. It will, in fact, world. In China, they recognize that re- ality is they are already seeing the ef- create consequences that we may find cently their country was divided by fects of this change, of this contact very difficult. In fact, one of the points Americans, by British, by Germans, with the West. I tried to raise with Premier Zhu and that their country was ruled by In the New York Times recently, Rongji is that our expectations of others rather than themselves. All there was an article about a factory in China after PNTR will collide with the these forces are at play. China where the workers, who were reality of China and may, indeed, usher The tremendous challenge to trans- being let go because of the consolida- in a period of more tension rather than form this country, the fear of their own tion of this factory by their Western less. security as a nation, because of these owners, were seizing the management, Now China wants desperately to be realities, we should not be surprised if were blockading the facility, were ef- part of this commercial system that is China promises today more than it in- fectively revolting from the effects of made up of the United States and our tends or even can deliver tomorrow international trade. major trading partners—for want of a with respect to these agreements. There are examples of violence where better term, ‘‘first world’’ countries— In an article in the American Pros- inefficient state-owned mines and en- all in precise terms, all carrying a pect, James Mann, who is a very astute terprises are threatened with closure sense of who the players are. But this observer of China, pointed out that we and workers are literally rising up to system has some embedded values with frequently develop perceptions about demand that these facilities remain which the Chinese will have to come to China that are different than the re- open. grips. ality of China. Many perceive China

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17966 CONGRESSIONAL RECORD—SENATE September 13, 2000 today as this modern country that is I would posit, is a very high prob- forts are directed to improve the qual- an economic monolith of force, of in- ability. When this happens, ironically ity, the competitiveness, the abilities credible production, a force of endless the business community that is de- of our workers. When we do that, we and cooperative labor. They also see it scending upon us today to open up will have much less to fear about the as a monolithic political system, with China, to get China into WTO, will de- disruptive change that will come the Communist party dominating, that scend upon us with equal force and say: through PNTR. is capable of turning on a dime, turn- Get tougher. And even without scru- Now, I have spent some moments ing the switch left or right. The reality pulous adherence to the WTO, change speaking about the major themes I see is more complicated. is going to come to China. If this emerging with respect to PNTR in rela- The Chinese Communist Party plays change further exacerbates the plight tionship to China. Let me take a few the central role in the country, but it of millions of workers, the leadership more moments to talk about the tan- is an institution with internal factions. could embark on a strongly national- gible aspects of this legislation before Some favor engagement with the West. istic and assertive foreign policy as a us. This legislation is unlike other Some disfavor it. Some harken back to means to galvanize support, to distract trade arrangements that I have de- the Maoist Cultural Revolution as the a disenchanted public from economic bated and voted upon, specifically re- zenith of China. Others, quite prop- shortfalls. This could lead to more pro- garding NAFTA, where we were low- erly—I hope the majority—reject that liferation, more bellicose threats to ering our tariff barriers and opening as a fantasy. But it is also a central au- Taiwan, the kind of military rumors our markets, and we were looking at a thority that is constantly challenged that we all find disconcerting when it comparable lowering of barriers in by its provinces, constantly challenged comes to China. Mexico. by local political leaders. The moder- Having said all this, having painted a This is a situation where our mar- nity of China is so evident, if you go to picture of what, in my view, are some kets are already open to China. Our Shanghai, if you go to Hong Kong, cer- of the realities of China, and having markets have been open for years. This tainly since it has not been absorbed very little confidence that this ar- is the first time, though, we have had back into mainland China. This moder- rangement will be adhered to scru- meaningful tariff reduction by the Chi- nity rapidly diminishes as you go away pulously and fairly and routinely and nese, meaningful elimination of non- from the coast, as you go to the older quickly, one might ask: Then why do tariff barriers by the Chinese, opening cities, Wuhan and Shenyang, which it? up of a broad range of American indus- years ago was known as Mukden, and We might not be getting a lot out of try—industrial, service industries, all as you travel to the small villages. PNTR. Indeed, by voting for PNTR, we of them—so that they can enter into Even with the wholehearted support of may only be trading the certainty of China, allowing our companies to oper- the leadership and the commitment of hostility for the chance to continue a ate without necessarily having Chinese the party, it is hard to make things relationship that is frustrating at best. partners, allowing our companies to change. But this relationship is critical to sta- have their own distribution systems Mann relates a meeting between bility in the region and around the within China. This is a deal, economi- President Nixon and Mao Zedong in globe. For this reason, national secu- cally, that represents concessions by 1973. President Nixon opened with a bit rity reason, if you would so describe it, the Chinese in terms of tariff barriers, of flattery by saying: this opportunity for stability, oppor- nontariff barriers, entry of American The Chairman’s writings have moved the tunity for time to work out some of business, and investment with very lit- nation and have changed the world. these very fundamental problems is tle, if any, concessions on our part be- Mao, without missing a beat, re- worth the effort. cause the reality is we have already, in torted: We should also understand, as I have effect, made those concessions years I haven’t been able to change it. I have described the rigorous change that and years ago. only been able to change a few places in the might come to China, that this agree- The agreement binds tariff rates that vicinity of Beijing. ment will not be painless for the China will charge on our goods because The power, the capability, the will- United States. There will be economic of the WTO framework, so that it can’t ingness of China to change is question- sectors, communities, families who unilaterally raise the tariffs. As I men- able. But we know with the advent of will see their lives changed. We hope tioned before, it covers a broad array of WTO, even without WTO, with the con- for the better, but we know that American products, banking, insur- tinued pressure of interaction inter- change works both ways. Industries are ance, telecommunications, business, nationally, China will have to change. less competitive in certain cases. Prod- and computer services—all of which It has to reform inefficient industries ucts can be produced more efficiently, have had a difficult time getting into while it still tries to maintain current more effectively, more cheaply over- China. It also attempts to protect in a employment and create 18 million jobs seas, displacing American workers. So very meaningful way potential surges a year for new entrants into the labor we have to recognize, too, that our re- in goods of China coming in to the U.S. force. This task alone has led to angry sponse to this issue is not simply pass- It allows us to use some domestic and sometimes violent conflict. It has ing this legislation this week. It is con- dumping tools that we already have in to overhaul its justice system. It has to tinuing our efforts, indeed, redoubling our legal inventory. It has gone a long root out corruption. It also has to con- our efforts to ensure that we have an way to try to counteract a surge of vince a very cynical population, par- education system in the United States Chinese products coming in. ticularly cynical about the Communist that can prepare people for this world But opponents, and indeed pro- Party, that their future is going to be of intense competition, that we have a ponents, of this legislation point out better rather than worse. health care system that will allow fam- an inescapable fact: We are running This is not an apology of China. This ilies, particularly children, to have ac- huge trade deficits to the world and, in is, I hope, a statement of the reality of cess to the best care in the world, that particular, China. These trade deficits the challenges they face and the chal- we will have a disciplined fiscal policy are something we have to deal with. lenges that we have to understand as in this country that will provide the Coincidentally, today, it was just an- not only trading partners but as major foundation, along with sensible mone- nounced that the trade deficit has hit powers in this world together. tary policy, for the continued expan- an all-time high. It continued to break In this collision between faithful im- sion of our economy so that those eco- records this spring as foreigners kept plementation of WTO rules and the nomic benefits can flow not only to the pouring investment into the American prospect of profound change that faces very few but to all Americans. economy and Americans stepped up China, the Chinese leadership will be Our task is not to reject PNTR. Our their buying of foreign goods. We have more than tempted to delay or under- task, if we accept PNTR, which I sus- a huge problem with our trade deficit. mine or misconstrue WTO rules. That, pect we will, is to ensure that our ef- It is a ticking time bomb. China is a

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 September 13, 2000 CONGRESSIONAL RECORD—SENATE 17967 big part of it, but China is not the only What we have tried to do in this floor. This commission will be another part of it. agreement—we, the negotiators—is to vantage point from which we can as- Interestingly enough, a rapidly in- recognize that some of our products sess and evaluate our relationship with creasing percentage of American im- that are very dear to the hearts of our China and their fidelity to the agree- ports now comes from nations where economy will get some benefits. For ments they have signed. wages are actually higher than in the example, on precious metals and jew- The long and the short of it is that United States—including Switzerland, elry—a huge part of the Rhode Island this is an agreement in its details Germany, Denmark, Sweden, and Aus- economy and still an important part— which gives advantages to the United tria. They all enjoy booming exports China will reduce its tariffs from 40 States which will help us and which I from the United States. The current percent to 11 percent. That, we hope, believe should be supported. stereotypical thinking is that cheap will help. In terms of information tech- We are at a point where this measure wages in China is why they proliferate nology products, that is something we I believe will pass. We are at a point at all their goods, and that is our prob- would like to be a bigger part of the which we are embarking on a continu- lem; we are competing the heck out of Rhode Island economy, but it is a ation of our relationship with China, the old European countries. But it growing part. China will eliminate all but again a relationship that is still turns out that is not the case either. In duties on computers, electronics, fiber troubling to many. this world, company productivity, effi- optic cable, as well as on scientific and PNTR will not cure all the defects we ciency, quality in the workforce, and measuring equipment. We have some of see in China, nor eliminate all the de- to be productive are just as deter- the oldest industrial measuring compa- fects they see in the United States. But mining. nies in the world, such as Browne and it will continue to give us a framework My point in all of this is that we Sharpe; they, too, will benefit. And to be engaged. It will continue to give have a trade deficit, but it is not sole- there are several more products where us the opportunity and the time to ly, exclusively a function of China. I we can see advantages that will accrue work at some of these very funda- believe the response to that is not re- directly to my home State of Rhode Is- mental problems. It will challenge the jecting PNTR. It is first recognizing land. Chinese in many respects to do as consciously the difficulty and begin- Also, there is just a general benefit much as we will be challenged —some ning consciously and deliberately with to the businesses and workers of Amer- would argue, even more. We, fortunately, have a system of respect to all of our trading partners to ica. It is very much manifested in government that is not dominated by a get more American products into their small- and medium-size businesses be- bureaucratic—and one would say markets, to properly look at the tech- cause they are doing more and more anachronistic—single party. We have a niques they are using to get their trade with China. It has doubled in the citizenry that is educated. We have so- goods into our market, and to, in ef- last 5 years from about 3,100 small- and cial networks. We have Social Secu- fect, look at this problem not as a Chi- medium-size businesses trading with rity. We have Medicare. nese problem but as an American prob- China to about 7,600 trading today. China—which is one of the ironies of lem. And it will be an American prob- That should increase even more. Part that great socialist bastion—has no lem if we do not pay sufficient atten- of this arrangement in the President’s system of national health care, has no tion. It will be manifested in a sudden proposal in terms of making PNTR system of pensions, has no system of and rapid deterioration of our currency work is making the Department of Social Security. It is all tied into the if enough forces come into play. Commerce more active in promul- terribly inefficient state-owned enter- At present, we are living in a world gating trade with China—going out and prises. And if they try to change these in which the security of the American educating small- and medium-size busi- state-owned enterprises, they are going market, the attractiveness of our in- nesses about the advantages of trade to have to create, in effect, a social vestments, rules and regulations of the with China, and show them through welfare system, which we already have SEC, and a host of other things, make web sites and informational brochures in place. America a safe haven, a place where how to get into the Chinese market. But I also don’t want to minimize the you want to put your money. But there Once again, I believe—and maybe this fact that in the lives of many Amer- may come a day when investors—and is the essence of our mutual faith in ican families, this legislation could not principally Chinese investors, but this country—that once our business- force change. But the opportunity to others—decide they are going to start people and our workers have the idea continue this engagement, the oppor- selling American currency short be- and the knowledge to go out and do tunity to insist that the Chinese not cause they can put the money else- something, they are going to do it and only participate in a world order but be where. do it very well. responsible for values of that order, is Now, we have all seen the benefits of As I mentioned previously, we have an opportunity I don’t think we can trade with China. I have seen it in already built in some protections pass up at this time. Rhode Island. It has been growing from against inevitable, or at least possible, I will support this measure. I also a very small base to a moderately larg- surges of Chinese imports into our look forward to the opportunity to er base, and it continues to grow. In country. We have special provisions come back here again when, in imple- fact, years ago, one of the first glimps- that will last 12 years, which deal with mentation, we see that they fall short; es I had of the global economy was market disruptions and will not be lim- when, in implementation, they see us going to an Italian parade on Federal ited to any one product but to all the as falling short; but just the oppor- Hill in Providence, RI, meeting a gen- products the Chinese may export to tunity, and I think to be able to have tleman with whom I chatted. I took this country. We also will still have ac- a forum to carefully discuss these him to be a jewelry worker or some- cess to sections 301 and 201, and anti- issues. It is better than turning away body who worked in the plant. It turns dumping mechanisms that are Amer- from China. It is better than inducing out he owned that business in Rhode Is- ican laws, but the Chinese have agreed hostilities. It is better than the alter- land. We were chatting and he asked to allow them to be used in this transi- native. me, ‘‘Have you ever been to China?’’ tion and in this implementation of Mr. President, I yield the floor. That was 5 or 6 years ago. Then, he cas- PNTR and WTO. f ually said he owned an aerosol factory Congressman LEVIN of Michigan, as in Beijing. So I knew when you go to part of the bill we are considering ADJOURNMENT UNTIL 11 A.M. an Italian festival in Providence and today, has also created an executive- TOMORROW chat with a businessman and he owns legislative commission that will over- The PRESIDING OFFICER. In ac- an aerosol factory in China, the world see not only the trade impact but also cordance with the previous order, the is getting much smaller. It is hap- the human rights issues that have been Senate now stands adjourned until 11 pening all across the country. raised time and time again on this a.m. on Thursday, September 14.

VerDate Aug 04 2004 14:22 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S13SE0.003 S13SE0 17968 CONGRESSIONAL RECORD—SENATE September 13, 2000 Thereupon, the Senate, at 8:25 p.m., COL. CHARLES C. APPLEBY, 0000 ANNE M. BROWN, 0000 COL. TERRY F. BARKER, 0000 DEIRDRE L. BROWN, 0000 adjourned until Thursday, September COL. JOHN P. BASILICA JR., 0000 SARAH A. BROWNE, 0000 14, 2000, at 11 a.m. COL. WESLEY E. CRAIG JR., 0000 SHAWN J. BRUNELLE, 0000 COL. JAMES J. DOUGHERTY JR., 0000 CHARLES R. BULL JR., 0000 f COL. RONALD B. KALKOFEN, 0000 JAMES E. CARSTEN, 0000 COL. EDWARD G. KLEIN, 0000 SUSAN D. CHACON, 0000 NOMINATIONS COL. THOMAS P. LUCZYNSKI, 0000 CHRISTINE A. CHAMBERS, 0000 COL. JAMES R. MASON, 0000 ROSEANNA A. CHANDLER, 0000 Executive nominations received by COL. GLEN I. SAKAGAWA, 0000 CARMEN D. CHRISTIAN, 0000 COL. JOSEPH J. TALUTO, 0000 CYNTHIA K. CHRISTIAN, 0000 the Senate September 13, 2000: COL. THOMAS S. WALKER, 0000 WANDA A. CORNELIUS, 0000 THE JUDICIARY COL. GEORGE W. WILSON, 0000 CHRISTOPHER J. CORVO, 0000 COL. IRENEUSZ J. ZEMBRZUSKI, 0000 CHRISTOPHER D. COURTLEY, 0000 RICHARD W. ANDERSON, OF MONTANA, TO BE UNITED WILLIAM C. COZZA, 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF MON- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN M. DANIELS, 0000 TANA VICE CHARLES C. LOVELL, RETIRED. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- WILLIE P. DANIELS, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM C. DEATON, 0000 IN THE ARMY To be major general EVELLYN DECAAL, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE PHILIP M. DECKER, 0000 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIG. GEN. HERBERT L. ALTSHULER, 0000 JOYCE M. DOYLE, 0000 SERVE OF THE ARMY TO THE GRADE INDICATED UNDER BRIG. GEN. RICHARD E. COLEMAN, 0000 DWAYNE D. DUCOMMUN, 0000 TITLE 10, U.S.C., SECTION 12203: BRIG. GEN. B. SUE DUEITT, 0000 JUNIUS DURAL JR., 0000 BRIG. GEN. MICHAEL R. MAYO, 0000 JOHN E. ECKENRODE, 0000 To be major general BRIG. GEN. ROBERT S. SILVERTHORN JR., 0000 THOMAS C. ENGLAND, 0000 BRIG. GEN. CHARLES E. WILSON, 0000 RUEL G. ENRIQUEZ, 0000 BRIG. GEN. WILLIE A. ALEXANDER, 0000 To be brigadier general BENEDICT H. EU, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE EDWARD J. FIORENTINO, 0000 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COL. MICHAEL G. CORRIGAN, 0000 DAMIAN D. FLATT, 0000 SERVE OF THE ARMY TO THE GRADE INDICATED UNDER COL. JOHN R. HAWKINS III, 0000 MICHAEL T. FLEETWOOD, 0000 TITLE 10, U.S.C., SECTION 12203: COL. GREGORY J. HUNT, 0000 ALFONSO FLORES, 0000 COL. MICHAEL K. JELINSKY, 0000 BEN T. FOSTER, 0000 To be brigadier general COL. ROBERT R. JORDAN, 0000 NATHAN T. FRANCIS, 0000 DON S. FURUKAWA, 0000 COL. CAROLE A. BRISCOE, 0000 COL. DAVID E. KRATZER, 0000 COL. MICHAEL A. KUEHR, 0000 PETER D. GALINDEZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. BRUCE D. MOORE, 0000 KENDRA LEE K. GASTRIGHT, 0000 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- COL. CONRAD W. PONDER JR., 0000 ALLEN COLLEEN M. GLASER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: COL. JERRY W. RESHETAR, 0000 TODD S. GLASSER, 0000 COL. BRUCE E. ROBINSON, 0000 DEBORAH L. GOODWIN, 0000 To be major general COL. JAMES R. SHOLAR, 0000 CHARLES E. GREENERT, 0000 ELIZABETH L. GREENWOOD, 0000 BRIG. GEN. DAVID J. KAUCHECK, 0000 COL. EDWIN E. SPAIN, 0000 COL. STEPHEN B. THOMPSON, 0000 JAMES E. GRIMES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. GEORGE W. WELLS JR., 0000 MARC F. GUARIN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED AMBERLY M. HALL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: IN THE MARINE CORPS ISTVAN HARGITAI, 0000 FREDDIE R. HARMON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general JOHN A. HELTON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- CHRISTOPHER H. HERR, 0000 COL. DANIEL F. PERUGINI, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MARK C. HOLLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major MARY M. HUPP, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED STEPHEN B. JACKSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID L. LADOUCEUR, 0000 PATRICK E. JANKOWKSI, 0000 IN THE NAVY SANDRA K. JOHNSON, 0000 To be brigadier general CHRISTOPHER L. JONES, 0000 ELISABETH B. JONES, 0000 COL. JEFFREY J. SCHLOESSER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY LAUREN E. JONES, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE UNDER TITLE 10, U.S.C., SECTION 624: SHARI F. JONES, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE TIMOTHY F. KEETON, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED To be captain TERESA L. KIESSLING, 0000 ERIN C. KOON, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY N. ROCKER, 0000 VENNESSA LAKE, 0000 To be major general THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- TIMOTHY G. LAMB, 0000 LUCIAN C. LAURIE, JR., 0000 BRIG. GEN. JOHN E. STEVENS, 0000 POINTMENT TO THE GRADES INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND RANDALL K. LIMBERG II, 0000 To be brigadier general 5582: JAMES A. LINK, 0000 STEVEN L. LOBERG, 0000 COL. RICK BACCUS, 0000 To be commander JAMES M. LUCCI, 0000 COL. ABNER C. BLALOCK JR., 0000 JERRY C. MAZANOWSKI, 0000 PETER M. LUNDBLAD, 0000 COL. JOHN M. BRAUN, 0000 ANGELA R. MACON, 0000 BRIG. GEN. GEORGE A. BUSKIRK JR., 0000 ROBERT L. SCHETKY, 0000 ANTHONY C. SMITH, 0000 STEVEN R. MARSHALL, 0000 COL. JAMES R. CARPENTER, 0000 CHRISTOPHER A. MARTINO, 0000 COL. CRAIG N. CHRISTENSEN, 0000 To be lieutenant commander ROBERT F. MASSARO, 0000 COL. PAUL D. COSTILOW, 0000 CHARLES G. MC KINNEY, 0000 COL. JAMES P. DALEY, 0000 WILLIAM D. AGERTON, 0000 JON A. MELLIS, 0000 COL. CHARLES E. FLEMING, 0000 KARIE F. ANDERSEN, 0000 DENNIS I. MILLS, 0000 COL. CHARLES E. GIBSON, 0000 OCTAVIO A. BORGES, 0000 MARK S. MORRELL, 0000 COL. MICHAEL A. GORMAN, 0000 JOHN T. CONTRERAS, 0000 THOMAS M. MOSKAL, 0000 COL. JOHN F. HOLECHEK JR., 0000 KARINE M. CURETON, 0000 CHRISTOPHER T. MURPHY, 0000 COL. MITCHELL R. LECLAIRE, 0000 JUDITH M. DICKERT, 0000 DORIS J. NEDVED, 0000 COL. RICHARD G. MAXON, 0000 STEPHEN M. GILL, 0000 JUANITA NEIL, 0000 COL. GARY A. PAPPAS, 0000 MARTHA K. GIRZ, 0000 JOSEPH H. NEUHEISEL, 0000 COL. DONALD H. POLK, 0000 VANCE M. GOOCH, 0000 GREGORY G. NEZAT, 0000 COL. ROBLEY S. RIGDON, 0000 JORGE A. GRAZIANI, 0000 ERIK R. NILSSON, 0000 COL. CHARLES T. ROBBS, 0000 KURT A. HENRY, 0000 KEVIN M. NORTON, 0000 COL. BRUCE D. SCHRIMPF, 0000 JEFFREY J. LAUGLE, 0000 CATHERINE L. O CONNOR, 0000 COL. THOMAS J. SULLIVAN, 0000 GERARD J. MAHONEY, 0000 CRAIG R. OLSON, 0000 COL. BRIAN L. TARBET, 0000 MARK A. MALAKOOTI, 0000 LISA A. OSBORNE, 0000 COL. GORDON D. TONEY, 0000 FREDERICK J. MC DONALD, 0000 NORMAN C. OWEN, 0000 COL. ANTONIO J. VICENS-GONZALEZ, 0000 MARY A. MC MACKIN, 0000 JACQUELINE R. PALAISA, 0000 COL. WILLIAM L. WALLER JR., 0000 WILLIAM R. MEEKER, 0000 IMELDA L. PAREDES, 0000 COL. CHARLES R. WEBB, 0000 CHRISTOPHER S. QUARLES, 0000 ANANT R. PATEL, 0000 COL. WILLIAM D. WOFFORD, 0000 RICHARD L. SIEMENS, 0000 JEFFREY M. PAUL, 0000 COL. KENNETH F. WONDRACK, 0000 BRADLEY H. SMITH, 0000 JOHN C. PROFERA, 0000 COL. RONALD D. YOUNG, 0000 PATRICIA A. TORDIK, 0000 VANE A. RHEAD, 0000 TODD L. WAGNER, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE RONALD RIOS, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be lieutenant WILMA J. ROBERTS, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED JON P. RODGERS, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: DAVID R. APPEL, 0000 CHRISTOPHER ROPER, 0000 BRAD L. ARTHUR, 0000 THOMAS D. RUTLEDGE, 0000 To be major general ALBERT R. BAKER, 0000 RODNEY L. SANDERS, 0000 DAVID G. BAPTISTA, 0000 DAVID R. SAUVE, 0000 BRIG. GEN. WILLIAM J. DAVIES, 0000 JOEL D. BASHORE, 0000 THOMAS SCHLATER, 0000 BRIG. GEN. GEORGE T. GARRETT, 0000 JERRIS L. BENNETT, 0000 MICHAEL S. SEATON, 0000 BRIG. GEN. DENNIS A. KAMIMURA, 0000 TIMOTHY J. BERGAN, 0000 WANDA L. SELLERS, 0000 BRIG. GEN. BRUCE M. LAWLOR, 0000 WILLIAM G. BERRY, 0000 REDENTOR P. SESE, 0000 BRIG. GEN. TIMOTHY E. NEEL, 0000 LEAH A. BERSAMIN, 0000 ERIC J. SIMON, 0000 BRIG. GEN. LARRY W. SHELLITO, 0000 MICHAEL B. BEZA, 0000 JAMES A. SINCLAIR, 0000 BRIG. GEN. DARWIN H. SIMPSON, 0000 BRIAN A. BISHOP, 0000 NATHAN D. SNIPES, 0000 BRIG. GEN. EDWIN H. WRIGHT, 0000 SHELLY R. BLADOW, 0000 RHONDA K. STELL, 0000 To be brigadier general MARC E. BOYD, 0000 LENWOOD P. STEWARD, 0000 ERIC K. BRESSMAN, 0000 ROBERT W. STOVER, 0000 COL. GEORGE A. ALEXANDER, 0000 STEPHEN P. BROMBEREK, 0000 JOHN R. SUDDUTH, 0000

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JON M. TAYLOR, 0000 CHRISTOPHER C. CRONINGER, 0000 ROGER L. PIRKOLA, 0000 JOHN B. THEISZ, 0000 SEAN P. DALTON, 0000 RUSSELL C. RANG, 0000 MICHAEL VECERKAUSKAS, 0000 JASON K. EDGINGTON, 0000 LARA A. RHODES, 0000 DOUGLAS S. VELVEL, 0000 CHRISTOPHER A. FOTOS, 0000 LUIS RIOSECO, JR., 0000 TODD A. WANACK, 0000 GORDON J. GLOVER, 0000 THOMAS F. ROBBINS, 0000 JAMES R. WATTS, 0000 JEAN A. GREGG, 0000 JAMES M. ROBERTSON, 0000 MARK D. WEAVER, 0000 ALEX R. GRIEG, 0000 LAURIE SCOTT, 0000 BRUCE J. WEBB, 0000 ERIKA D. HARDING, 0000 JOSEPH D. SEARS, 0000 JERRY P. WEBB, 0000 DAMON B. HEEMSTRA, 0000 LEONARD W. SIMMONS, 0000 GLORIA A. WHITMIRE, 0000 KHARY W. HEMBREE, 0000 PRUDENCE Y. SLOWE, 0000 WAYNE R. WILCOX, JR., 0000 SCOTT HERMON, 0000 SCOTT M. SMALL, 0000 ROBERT R. WILLIAMS, 0000 FERDINAND C. HERRERA, 0000 SEAN G. SMITH, 0000 LELITIA D. WOOTSON, 0000 BRETT D. INGLE, 0000 ROBERT W. SPEIGHT, 0000 KATHERINE A. ZECH, 0000 BARRY L. JAMES, JR., 0000 SUSAN B. SPERLIK, 0000 SHERRI L. LANEJOHNSON, 0000 FRANCIS J. STAVISH, 0000 To be lieutenant (junior grade) RUSSELL G. LAWRENCE, 0000 DUDE L. UNDERWOOD, 0000 JEFFREY D. LENGKEEK, 0000 LANA L. VANVOORHEES, 0000 DOUGLAS J. ARNOLD, 0000 SANTO MC ADOO, 0000 LYNN D. VAUGHN, JR., 0000 HEATHER E. BALDWIN, 0000 MICHAEL D. MC CORKLE, 0000 DONALD R. VOELBEL, 0000 PAUL V. BANDINI, 0000 SAUL MONTES, 0000 LETITIA R. WHITE, 0000 MICHAEL R. BENSCH, 0000 BRENDAN G. MURPHY, 0000 JAMES WHYTE IV, 0000 DAVID S. BRINSON, 0000 RYAN L. NATIONS, 0000 RONALD A. WOODALL, 0000 MARK J. BROWNFIELD, 0000 MICHAEL K. OBEIRNE, 0000 LENN E. CARON, 0000 RACHEL A. PERRY, 0000 To be ensign NOEL W. COLON, 0000 JASON M. PICARD, 0000 BRENNA C. CONWAY, 0000 KATHRYN L. PINEDA, 0000 JAMES S. CARMICHAEL, 0000

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MINIMUM WAGE COMPROMISE ical research of Richard DeSorgher in com- BILINGUAL EDUCATION piling a perspective of the Town’s history. HON. DOUG BEREUTER Mr. Speaker, in the month of June, in the HON. DOUG BEREUTER year 1650, a small group of pioneers ventured OF NEBRASKA OF NEBRASKA outward from the already established Town of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Dedham, Massachusetts, into the wilderness Tuesday, September 12, 2000 seeking to build a new life for their families. Tuesday, September 12, 2000 Mr. BEREUTER. Mr. Speaker, I submit for In 1651, those pioneers incorporated the Mr. BEREUTER. Mr. Speaker, I submit for my colleagues the following editorial, from the Town of Medfield as the forty-third town in the my colleagues this editorial from the August September 7, 2000, edition of the Norfolk Commonwealth of Massachusetts and quickly 23, 2000, Omaha World-Herald regarding the Daily News. This editorial highlights the letter adopted the town meeting form of government effectiveness of bilingual education. sent by House Speaker DENNIS HASTERT to that exists to this day in Medfield and in count- [From the Omaha World-Herald, Aug. 23, the President both on the minimum wage and less towns throughout the Commonwealth and 2000] on small business tax cuts. In particular, this the Nation. BILINGUAL ED TAKES A HIT editorial recognizes the Speaker’s efforts to- As an inducement to participate in town Ken Noonan, a California public school wards compromise on this. meetings, it was voted that any citizen of principal, has an interesting story to tell. It Medfield that arrived at the town meeting after begins: I was wrong. [From the Norfolk Daily News, Sept. 7, 2000] nine o’clock would be fined twelve pence. Se- Noonan, whose story was related in The A COMPROMISE—HOUSE SPEAKER HASTERT OF- lectmen were compensated for their public New York Times on Sunday, spent many FERS METHOD TO REACH DEAL ON MINIMUM service with a free dinner, while the custodian/ years as a leading proponent of bilingual WAGES drummer was paid twenty shillings for his education. That’s a way of educating stu- House Speaker Dennis Hastert says he be- labor. dents who enter school not knowing the English language. The theory is that these lieves it possible for congressional Repub- Mr. Speaker, the Town of Medfield has, licans and the Clinton administration to students can learn best by taking their reach agreement on the minimum wage since its founding and throughout its history, math, science, history and other subjects in issue. demonstrated the civic mindedness, sense of their native tongue. Over time, they make a The White House and Democrats on Cap- honor and duty, and compassion that have gradual transition into English, partly as a itol Hill had sought a minimum wage in- made this country the beacon of hope and result of studying it on the side as a second crease of more than the dollar over a two- freedom it has become to people from all over language. year period that many Republicans believed the world. The brave, and self-reliant men and Or so the theory goes. acceptable. Mr. Hastert’s colleagues wanted women who founded America’s first towns So enamored of bilingual education was Noonan that, 30 years ago, he founded the that spread over a three-year period. They bore the hardships that were the cornerstone have relented. California Association of Bilingual Edu- The compromise outlined by Mr. Hastert of the American character, and the citizens of cators. In the 1990s, when opponents of bilin- includes a tax package that would benefit Medfield have demonstrated that character gual education proposed a ballot initiative the small businesses most affected by since the year Medfield was first established. to discontinue its use, he was one of the changes in the minimum wage scale. There- In that spirit, when the City of Boston was leaders in the fight to preserve the status fore, its risks of broader adverse economic blockaded by the King’s Navy under the Intol- quo. effects are reduced. erable Acts, the citizens of Medfield did not ‘‘I thought it would hurt kids,’’ he said of Given the fact that current employment hesitate in collecting and delivering one-hun- the ballot initiative. conditions mean the minimum wage is less But the initiative passed. In effect, stu- dred and thirty-two pounds of pork, four hun- dents who don’t speak English are required frequently the starting wage today, the im- dred and two pounds of cheese, and twenty- pact may be limited. There is still the risk, to plunge in and do their best. In the two though, that the figure is high enough that two cartloads of wood to aid their fellow colo- years since the initiative took effect, test employers can be discouraged from hiring nists in time of need. scores in the target group have risen sharp- the unskilled and marginal workers most in Mr. Speaker, one hundred and fifty-four citi- ly. Kids are learning English. And Noonan, need of job opportunities. zens of Medfield saw combat in the Revolu- who predicted that children would be hurt, Raising mandatory minimums is a dan- tionary War, which at that time, reflected one now says: ‘‘The exact reverse occurred, to- gerous political exercise. Politicians cannot out of five people of Medfield’s entire popu- tally unexpected.’’ He said children are learning formal and written English ‘‘far create jobs on a lasting basis, but they can lation. easily destroy them and harm the economy more quickly than I ever thought they Throughout American history and the history would.’’ by trying to fix wages in the private sector. of the Commonwealth, Medfield has played a So it is important that their perennial tend- Research, he said, says it takes seven years ency to raise them be moderated. Mr. prominent and honorable role. Akin to the pub- for students to learn English. In practice, Hastert’s effort is in that spirit, and it is a lic mindedness of their ancestors, Medfield’s they showed considerable progress in 9 to 12 test of President Clinton’s willingness to citizens continue to demonstrate a commit- months. reach a reasonable compromise. ment to working together in order to enhance The Times, in its story about the higher test scores, noted that some educators are f the public good. Mr. Speaker, I am proud to report that the still reserving judgment. For one thing, it’s uncertain how many schools made a com- TOWN OF MEDFIELD same strength, character, and perseverance ANNIVERSARY plete break from bilingualism. Other im- that has sustained Medfield over the last three provements, including a reduction in class hundred and fifty years, continues unfettered sizes, may account for some of the progress. HON. JOHN JOSEPH MOAKLEY to this day as is evidenced by the outstanding And the overall scores, even though they OF MASSACHUSETTS achievements of the town officials, and the rose, are still embarrassingly low. From the experience of Noonan and others IN THE HOUSE OF REPRESENTATIVES citizens investing in their future by maintaining perhaps the finest school system in the Com- in California, however, it’s possible to draw a Tuesday, September 12, 2000 few conclusions about the way society edu- monwealth of Massachusetts. cates its children: Mr. MOAKLEY. Mr. Speaker, I wish to ac- Mr. Speaker, it is my distinct honor to pay Too often the educational establishment knowledge the Three Hundred and Fiftieth An- tribute and to bring congratulations and thanks trusts in theories, such as the theory Noonan niversary of the Town of Medfield, Massachu- to the men, women, and children of Medfield, thought justified giving students seven years setts and in so doing reference the fine histor- from the United States Congress. to learn English, when common sense cries

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

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17971 out for more documentation. No one knows members of the U.S. Army and their families students on September 4, 1900 in a house on how much damage has been done by the var- and friends financed and constructed the Army the corner of North State and East Willow ious new maths and watered-down histories Distaff Hall at 6200 Oregon Avenue, Wash- Streets in the city of Syracuse, New York. that have come along over the years in the ington, D.C. The facility, designed to provide a name of making education more ‘‘progres- Since that time, Christian Brothers Academy, sive.’’ haven for the widows of deceased military per- referred to locally as CBA, has grown to be- One of the worst ways to harm children is sonnel, was completed in 1962. Ten years come a dominant force in scholastic education to expect too little of them. That bores them ago, the name of the facility was changed to in Central New York as a private, Catholic, co- and teaches that school is of little con- Knollwood and a new resident policy was insti- educational college preparatory school in the sequence. These feelings are compounded by tuted to include retired military personnel and LaSallian tradition. artificial esteem-boosting, such as the praise their spouses. After opening in 1900, CBA’s first structure of accomplishments that aren’t really ac- A driving force behind this successful oper- was replaced by a three-story school building complishments. This makes them feel sheep- ation was General Dwight D. and Mrs. Eisen- ish. Challenging them with real work makes in 1904, which remained the ‘‘Brothers’ Boys’’ hower. The Army Distaff Foundation, Inc. an- home until it moved to a modern campus in them feel the pride that can come only from nually recognizes an individual whose con- growing, stretching, maturing and mastering DeWitt, New York in 1961. Today, that mod- a difficult task. tributions to the military are outstanding. The ern campus on the corner of Kimber and Ran- Immigrants, for the most part, want to current recipient of the Eisenhower Distin- dall Roads continues to be transformed. In learn English. Critics who accuse them of guished Citizens Award is historian and au- conjunction with the school’s centennial cele- the contrary are generally basing their opin- thor, Stephen E. Ambrose, Ph.D., and his cita- bration, the Board of Trustees has undertaken ions on assumed or incomplete information. tion is as follows: a $7 million capital campaign to upgrade and Bilingual education, The Times said, took Stephen Ambrose has devoted his whole root because of strong support in Congress. professional life to the writing of deeply in- expand the CBA campus—including the con- Extra money was provided for bilingual pro- sightful accounts of critical moments in Amer- struction of a Fine Arts wing, renovation and grams, following the idea that government ican history. From the explorations of Lewis expansion of science facilities, the addition of knows best. and Clark in the early 1800’s, to his works on new classrooms and multi-media labs, and the Of course, government doesn’t always construction of new athletic practice facilities. know best. Just ask the founder of the Cali- the Civil War, the Indian Wars, and World War II, Dr. Ambrose has brought into focus the pro- In addition, the campaign will provide an in- fornia Association of Bilingual Educators. creased number of endowed scholarships to He has a story that’s worth listening to in found hardships and perils of many out- any other place where bilingual education is standing historical events. In doing so, he has make CBA’s strong educational program avail- producing less-than-satisfactory results. revealed the strength, the determination, and able to more needy young men and women in the Syracuse area. f the courage of the men and women who risked their lives to achieve the needs and the Throughout its existence, Christian Brothers THE ARC OF MONTGOMERY goals of our country. Academy has responded to the changing COUNTY Dr. Ambrose chronicled the achievements of times. Junior high grades were added in 1977 men and women of all ranks in World War II— in an effort to counter declining numbers with HON. CONSTANCE A. MORELLA citizens who braved adversity to overcome the the addition of two Diocesan regional high schools, the dress code was relaxed, aca- OF MARYLAND barbaric threat to the free world. In an initiative of enduring importance going beyond his his- demic course options were implemented and IN THE HOUSE OF REPRESENTATIVES torical writings, he brought into being the Na- females were admitted in 1987 with the clo- Tuesday, September 12, 2000 tional D-Day Museum in New Orleans, an in- sure of the all-girl Franciscan Academy in Syr- Mrs. MORELLA. Mr. Speaker, I would like to stitution that celebrates and commemorates acuse. express my appreciation and support for the the American spirit, teamwork, optimism, cour- While receptive to improvements, CBA has Arc of Montgomery County. For the past 40 age, and sacrifice of the men and women who held many traditions constant. Its annual Musi- years, this organization has sponsored the won World War II. cale continues, and CBA remains a local pow- Fashion Show Benefit each spring as its major As a result of Dr. Ambrose’s careful docu- erhouse in scholastic athletics, winning a vari- annual fund-raiser event. The proceeds of this mentation and analysis of the major cam- ety of sectional, state and Eastern States wonderful benefit go toward improving the paigns of World War II, he has been a force Catholic Schools titles in men’s football, base- lives of people with mental disabilities and in the field of international education. His ball, basketball and soccer, and in women’s their families. Over the years more than works have been published in numerous lan- varsity swimming. 20,000 people have attended this event, which guages and he has lectured at nearly all the CBA graduates are successful professionals has netted about $1.2 million. Throughout its leading universities in Europe. Central to all and parents residing throughout our nation, history, the Arc of Montgomery County Fash- his presentations, he has been a storyteller and dozens of Central New York’s past and ion Show has been planned and organized by who vividly explains, illustrates, informs, and present elected leaders boast of Brothers’ di- hundreds of dedicated volunteers, who choose entertains. plomas. As a member of the CBA Class of Throughout his lifetime of work, Dr. Am- a theme, produce publications, coordinate an 1966 myself, it gives me great pleasure to rec- brose has distinguished himself in his field by auction, assemble elaborate decorations and ognize Christian Brothers Academy on 100 showing the need for military preparedness, years of service to our community as we con- market the event. The Arc of Montgomery and by describing the achievements of Amer- County is proud to be associated with all the tinue with ‘‘pride in our past and faith in our fu- ican leaders, and the citizen soldiers whom ture.’’ Congratulations. volunteers who have contributed to the event, they led, thereby illustrating the historical herit- and with the program participants who have age of America and Americans. The nation f benefitted. stands in debt to this accomplished storyteller HONORING MR. ARMAND AUDINI Mr. Speaker, I too have been proud to be who has added so much to our knowledge of associated with the Arc of Montgomery County what has gone before. and their volunteers. I commend them for their HON. HEATHER WILSON f outstanding achievements. OF NEW MEXICO f TRIBUTE TO CHRISTIAN BROTH- IN THE HOUSE OF REPRESENTATIVES ERS ACADEMY ON THE OCCA- Tuesday, September 12, 2000 THE EISENHOWER DISTINGUISHED SION OF ITS CENTENNIAL CELE- CITIZENS AWARD BRATION Mrs. WILSON. Mr. Speaker, today I would like to share with you the story of Mr. Armand HON. TOM BLILEY Audini better known as ‘‘Dini’’ to his co-work- HON. JAMES T. WALSH ers. Mr. Audini has worked at the New Mexico OF VIRGINIA OF NEW YORK VA Medical Center in Albuquerque New Mex- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ico for 30 years now. Because of his dedica- Tuesday, September 12, 2000 Tuesday, September 12, 2000 tion and loyalty, Green Thumb Inc. presented Mr. BLILEY. Mr. Speaker, in keeping with its Mr. WALSH. Mr. Speaker, Christian Broth- this octogenarian with the most Outstanding policy, ‘‘the Army takes care of its own,’’ the ers Academy first opened its doors to 17 male Older Worker award.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17972 EXTENSIONS OF REMARKS September 13, 2000 Mr. Audini is truly a shining example of present a check for $250,000 to organizers of dollars to charitable and community organiza- America’s mature worker who is changing the the Memorial this Friday. This important me- tions in an attempt to assist the less fortunate. stereotypes about aging and he serves as a morial will offer our nation’s thanks to the He has generously supported the William Car- positive role model for our younger generation. thousands of men and women who gave their los Williams Art Center in Rutherford, which Mr. Audini has seen his work process enter lives defending freedom and opposing tyranny named its theater in his honor; Holy Name the world of ‘‘high tech’’ and he has met the in the greatest battle of right and wrong we Hospital, which named its cardiac diagnostic challenge of a computerized environment ad- have seen in the past century. Mr. Newman, center in his honor, and the Church of St. Ga- mirably. through the George W. and Amy Newman briel the Archangel medical clinic in Newark. Mr. Speaker, please join me in honoring Mr. Foundation, will also contribute $100,000 to He has also given generously to many local Audini’s enthusiasm and commitment to to- the United States Navy Memorial in Wash- parishes of the Catholic Church and to Catho- day’s work force. He truly exemplifies that ington and $50,000 to the Submarine Memo- lic schools including Don Bosco Prep High Ability is Ageless. rial Association/U.S.S. Ling in Hackensack, School and Bergen Catholic High School. He f New Jersey. In making these contributions, has made repeated gifts to the American Red Mr. Newman will honor the veterans of what Cross and the Korean War Memorial. IN RECOGNITION OF REFLEXITE newsman Tom Brokaw called ‘‘The Greatest Mr. Newman’s contribution this week to the CORPORATION’S 30TH ANNIVER- Generation,’’ and demonstrate that he, him- World War II Memorial reflects a long history SARY AND 15TH ANNIVERSARY self, is an excellent example of what made the of military service and support for veterans OF THE ESTABLISHMENT OF WWII generation great. within his family. His ancestors, who came to THEIR EMPLOYEE STOCK OWN- Mr. Newman is an excellent example of the this country from England in 1630, fought in ERSHIP PLAN (ESOP) ‘‘self-made man.’’ Born in the Hell’s Kitchen the American Revolution, the Civil War, the area of Times Square in New York, he earned Spanish-American War and World War I. Mr. HON. NANCY L. JOHNSON money in his youth by running errands for the Newman himself served in the Navy during actors and actresses of the Theater District. OF CONNECTICUT World War II. He and his friends soon became a small bit of IN THE HOUSE OF REPRESENTATIVES Mr. Newman is also a dedicated family man, show business themselves, singing in a trio at married for 60 years to his wife, Amy. The Tuesday, September 12, 2000 the 42nd Street Shuttle subway station. One couple are the parents of two (including their Mrs. JOHNSON of Connecticut. Mr. Speak- memorable Thanksgiving Day, he and his son, George Jr., who died of illness many er, I enthusiastically support Reflexite Cor- friends brought in $45 between them, prompt- years ago), and grandparents of five. poration’s celebration of their 30th year as a ing his father to encourage him to continue his Mr. Speaker, I ask my Colleagues in the company and 15th year of the establishment subway singing career. He continued bringing House of Representatives to join me in thank- of their Employee Stock Ownership Plan in $15 a week throughout his youth, a large ing Mr. Newman. Once again, his record of (ESOP). On September 16, 2000, Reflexite sum in those days. achievement in business, his generosity in phi- Show business was not to be Mr. Newman’s will celebrate many accomplishments; being a lanthropy and his willingness to help the less career, however. A job as a sign painter’s world leader in the creation of microprism fortunate illustrate how he is a wonderful ex- helper enlightened him to the profit potential of retroreflective technology that is unparalleled ample of ‘‘The Greatest Generation.’’ outdoor billboards. He eventually founded Al- by any other company, their fundamental com- lied Outdoor Advertising Inc., which today is f mitments and excellence in technology, quality the leading privately owned outdoor adver- and customer service, and allowing all em- SPEECH OF GENERAL ERIC tising business in metropolitan New York. The ployees to contribute to the growth of the com- SHINSEKI company’s billboards are used by many of the pany through ownership. In 1985, Reflexite nation’s leading major corporations to promote Corporation established its ESOP and was re- HON. IKE SKELTON their products in prime advertising locations cently recognized as the New England ESOP OF MISSOURI around the nation’s largest city. As Mr. New- Company of the Year, 2000. IN THE HOUSE OF REPRESENTATIVES man’s advertising business grew, he ex- Since its founding, Reflexite Corporation has panded it to take advantage of his subway ex- Tuesday, September 12, 2000 achieved technological breakthroughs that perience by creating the New York Subways Mr. SKELTON. Mr. Speaker, on August 11, continue to open new markets throughout the Co. That firm successfully bid for the right to world. Reflexite’s worldwide network of mem- 2000, General Eric Shinseki addressed the advertise in the city’s subway system and ele- Military Order of the World Wars in Kansas ber companies also strive for excellence, serv- vated train system, placing more than 26,000 ice, and commitment to technological ad- City, Missouri. I submit his speech for the advertising signs in stations across the city. RECORD: vances in the industry. Reflexite Corporation is Mr. Newman’s business acumen extends to a civic minded company, reaching out to nu- real estate and transportation as well. Seeing Congressman Skelton—thank you for that merous groups and individuals, improving generous introduction. It’s good to be here the need for a major railroad terminal in the with you this evening—thanks also for your many lives. Their success has been achieved Meadowlands, Mr. Newman 26 years ago through the hard work, creativity and deter- service to our nation and the Army as the founded the Allied Junction Corp. and pur- ranking member of the House Armed Serv- mination on the part of the employee-owners. chased the property where the new station is ices Committee. Your commitment to the It is with great pride that I rise to recognize now being built. Similar in scale to Grand Cen- national defense and your passion for the their tremendous accomplishments and con- tral Station in New York, the project includes well-being of our men and women is leg- tributions to the State of Connecticut. four 40-story office towers, a hotel and con- endary. We are indebted to you. Ladies and f ference center that will create thousands of gentlemen—please join me in thanking Con- jobs and countless benefits for the people of gressman Ike Skelton for his devotion to the THANKING GEORGE NEWMAN FOR soldiers, civilians, and family members of New Jersey while at the same time addressing HIS SUPPORT OF THE WWII ME- the Army. the region’s demanding transportation needs. MORIAL In this room this evening are also some The project is funded in part by a $450 million other patriots who have been great sup- federal contract secured by former Congress- porters of our military and our veterans. HON. MARGE ROUKEMA man Robert A. Roe, who headed the House Many have served our nation in war; among OF NEW JERSEY Public Works and Transportation Committee. their numbers are those who have felt the IN THE HOUSE OF REPRESENTATIVES The Meadowlands Chamber of Commerce sting of battle. But all have provided our has named Mr. Newman the ‘‘Man of the communities the kind of leadership that has Tuesday, September 12, 2000 Year’’ and the Hackensack Meadowlands De- made this country what it is today. To the Mrs. ROUKEMA. Mr. Speaker, I thank one velopment Commission has named him ‘‘Busi- Kansas City Chapter of the Military Order of of my constituents, George Newman of the World Wars, thank you for your support nessman of the Year,’’ both in recognition of of our soldiers and veterans. Oradell, New Jersey, for his magnanimous his contributions to the economic vitality of the You know, this country enjoys a unique generosity in supporting the World War II Me- community. status in the community of nations. We are morial being planned for construction in Wash- Mr. Newman has shared his good fortune a great nation, and we enjoy a vibrant and ington, D.C. Mr. Newman is scheduled to with the community, contributing millions of flourishing economy. No other nation enjoys

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17973 our unique status in the way that we do seemed to be changing, but in what direc- the number of operational mission deploy- today. Americans enjoy these special cir- tion? The Army had shown real growing ments the Army has made since the end of cumstances, but many do not associate our pains when it had mobilized for war. In addi- the cold war. The world is a far less stable national strength and our economic health tion, technology was changing fast. The place than it used to be. with the readiness and professionalism of our Army needed to rethink the future of war- Moreover, the world is a far different place military forces. The fact is, however, that fare quickly. than it was 10 years ago. In a word, it is you don’t get to be a great power with the Root recognized that the Army had to ‘‘wired.’’ The information revolution has world’s leading economy without also having grow and change as the strategic environ- placed a computer on every desk. We are all a world class military that is respected by ment of his times demanded. He tried to en- cyber-connected to each other and every- our allies and feared by our adversaries. Our vision what the twentieth-century Army thing imaginable around the world. We are military forces enable the great nation sta- should become. Could he foresee a world in renegotiating zones of privacy and business tus enjoyed by the American people. No one which nuclear superpowers threatened each practices and property protections and the understands or appreciates the importance of other and the rest of the earth with Arma- very idea of what a nation-state is. Many of that link better than those who have de- geddon? Could he predict a decade-long de- the advertisements we see on television are fended this wonderful country of ours in war pression? Did he know that within the 50 for products that did not exist 15 years ago. or those who have the responsibility of as- years the world would twice be plunged into It is impossible to predict with assurance suring the readiness of its military capabili- global wars, wars unprecedented in scale and what the world will look like in 5 or 10 or 25 ties on a daily basis. The Military Order of scope in all the previous history of mankind? years. But we know that it will continue to the World Wars understands that linkage. Certainly, the answer to all these questions change and that the pace of change will con- Congressman Skelton understands that link- is no. Root foresaw none of these things. As tinue to accelerate. age. Both have worked to help us stay con- best we can tell from documents and their We must prepare to fight our future wars. nected to the American people. They have writings, neither of them saw the First We must also be ready for the next crisis. We helped us fill our ranks with the kind of World War and it was only 15 years away. must be able to respond to missions through- youngsters who have kept our Army a force But with insight and courage and delibera- out the spectrum of operations, from the low for good and an instrument of national pol- tion, they developed a vision for what the end of disaster relief to the high end of major icy. Again, we are grateful for all that you Army needed to become, given the strategic war. We need to take advantage of emerging do on our behalf. and technological realities they faced at the technologies to counter emerging threats. Also present in the room this evening are time. They took risks and made preparations And we can’t make it up as we go along—we a very special group of international fellows. that proved to be effective—and timeless. need a plan. They are students at Fort Leavenworth who Root began with fundamentals. He pre- And so it is that last October, the Army will spend the next year at the Command sented two principles that are as true today charted its course for transforming itself and General Staff College studying with, as when he wrote them 100 years ago: into a force more capable than the magnifi- about, and for us. Since World War I, all of ‘‘First. That the real object of having an cent force we field today. We intend that it the wars we have fought and most of our sig- army is to provide for war. will be a force capable of handling the full nificant operational deployments have seen ‘‘Second. That the regular establishment array of missions that we have been called Americans serving side-by-side with soldiers in the United States will probably never be upon to do in the last 10 years—in many from allied nations. We will never again by itself the whole machine with which any ways, we have described the 1990’s as the fight on our own. Coalition and multi- war will be fought.’’ first 10 years of the 21st century in terms of national operations are a fact of life. Many Root was reaching back toward concepts the kinds of missions we see for ourselves in of the uniforms on display this evening are that were almost as old as the nation itself. the years ahead. But what we will not lose the ones who have shared space on distant First, being ready for war means having an sight of is what Elihu Root concluded 100 battlefields with us. We are honored to have army, and there’s no reason to have an army years ago—our non-negotiable contract with so many allied officers and their spouses that is not ready for war. The Army might the American people is to be trained and here this evening. We know the keenness of be called upon to do many things, but its ready to fight and win the nation’s wars. the selection process that went on in each of first purpose was warfighting. And the Army This we will do—and just as Root and your countries, we are honored to have you would never fight alone. Root knew that the Miles could not see all the technological ad- join us in residence at Fort Leavenworth. Army would need to rely on the Navy for vances that were going to present them- You add to the education of our officers. transport, logistics, and gunfire. It would selves as opportunities in the 20th century, Buffalo wings. also fight with volunteers and citizen sol- we cannot today settle on the technologies There is a lot of excitement in and about diers. that will go into the design of the hardware our Army today. Many of you know that we Those first principles were right on the that will describe the objective force we are have set a course to transform this great and mark. And they have served as a foundation trying to design for the 21st century. But magnificent army of ours from its current upon which Root and Miles and their succes- what Root and Miles were able to do was to cold war designs to a force that is more re- sors built the twentieth-century Army. Root position their army for all The unseen oppor- sponsive, more deployable, more versatile, consolidated the professional gains that the tunities that were to lay ahead by putting more agile, more lethal, more survivable, Army had made through the establishment into place the system for training soldiers and more sustainable force for the future cri- of the Army War College and the restruc- and developing leaders who were going to ses of the 21st century. Last fall as we were turing of the Army headquarters into a mod- have to make those decisions when the time about to walk from 1999 into 2000 through the ern general staff. He brought to fruition the was ripe. And so it is with our responsibil- door of a new century and the new millen- idea that military leadership was a calling, ities today. Much has been written over the nium, I went back to the turn of the last cen- and one that demanded rigorous education past 10 months about the technologies that tury to try to understand what the last Chief and training. The officer corps that flour- the Army will need to transform itself. The and the last Secretary to do so were think- ished under this system became the leaders debate about combat platforms has turned ing; what were their concerns; what deci- who produced our victories in two world hot and in some cases mean-spirited as the sions did they put in place to prepare their wars—wars unimaginable in 1899. The Army competition for inclusion has become in- Army for all of its responsibilities in the of the twentieth century, the nation whose tense. I have even received the concerns of 20th century. freedom it guaranteed, owed a great deal to allied armies about the fear of an ever-ex- Secretary of War Elihu Root and General Elihu Root’s vision preparation for the fu- panding technological gap between the Nelson Miles recognized that the Army was ture. American army and those of our closest al- standing not just on the threshold of a new As we stood on the cusp of the new millen- lies. I think the lessons of Root and Miles century, but at the entrance to a new world. nium 10 months ago, we saw a situation re- are important—-their conclusions are as im- The war with Spain the year before had been markably similar to the one that Root and portant today as they were then. It isn’t just the second overseas deployment of the Miles faced 100 years ago. The world has about technology, although technology is Army in history, and the first in over 50 changed dramatically. The cold war was a important; it isn’t about platforms, although years. The Army of 1899 was scattered from historic anomaly. We maintained relatively combat platforms is important. It is about Cuba to Puerto Rico to the Philippines. The robust forces for 50 years because of the dan- leadership and character and doctrine. It is operating tempo was high, with soldiers ger of superpower conflict. That very pre- about the preparation of the Army to be maintaining peace, rebuilding nations, han- paredness deterred a war too terrible to con- ready to fight each and every day with the dling refugees, even helping with disaster re- template, but one that we stood trained and technologies it has available, and it is about lief after a hurricane. The Army was over- ready to fight for half a century. the development of visionary, courageous seas and that looked like the wave of the fu- Since 1989 we have reduced the size of the leaders who have the skill and determination ture. Army by 32 percent, but our operating tempo to leverage the technologies as they become So, 1899 was a pivotal time. The wars in the is higher than at anytime in several decades. apparent and embed them into the forma- West were won. The purpose of the Army The recent mission in Kosovo brings to 35 tions that will fight them. Focus on

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 17974 EXTENSIONS OF REMARKS September 13, 2000 warfighting; develop the leaders for the next Thank you and God bless you. HONORING RAYMOND C. BURTON conflict. If you do that well, those leaders will be able to get the right technologies f into place in time. But without that kind of HON. JAMES L. OBERSTAR TRIBUTE TO FRANCIS CARROLL OF MINNESOTA leadership or without warfighting forma- OF WORCESTER, MASSACHUSETTS tions which have been disciplined to execute IN THE HOUSE OF REPRESENTATIVES one’s warfighting doctrine, all the tech- Tuesday, September 12, 2000 nology in the world will make no difference. HON. JAMES P. McGOVERN Mr. OBERSTAR. Mr. Speaker, I am very Warfighting is ultimately a human dimen- OF MASSACHUSETTS sion in which the most dedicated, dis- pleased to honor today Mr. Raymond C. Bur- IN THE HOUSE OF REPRESENTATIVES ciplined, and best trained will prevail. ton, who will retire at the end of this year, It is about leadership and in this Army, we Tuesday, September 12, 2000 bringing to a close a distinguished career in consider it our stock in trade. To our allied Mr. MCGOVERN. Mr. Speaker, I rise today railroading that has spanned three decades. officers, your attendance at Leavenworth is When Ray began working for the old Santa important for us—-for the American officers to recognize the work of Francis R. Carroll of Worcester, Massachusetts. A veteran of the Fe Railway in 1963, he could not have fore- attending the course and for our force as a seen the profound changes coming to the rail- whole. You give our officers other perspec- United States Navy, for over 32 years Mr. Car- tives on our common challenges. Our dif- roll has worked as a staunch advocate for road industry. Particularly since 1982, how- ferences in culture, language, nationality, small businesses in developing and adminis- ever, when he was elected president and and geography give us each our different out- trating health insurance products, programs, Chief Executive Officer of TTX Company, Ray looks on military operations. We must un- and benefits, as well as donating his time in Burton has been on the cutting edge of those derstand and appreciate the importance of changes. extensive public and community service. interoperability—-but not just technical and Under Ray’s leadership, TTX has led the Throughout his life, Mr. Carroll has assisted tactical interoperability but interoperability way in innovation, design, and deployment of others through his professional career and of the mind. The lessons you learn in profes- the equipment needed to construct today’s sional give-and-takes with your fellow offi- charitable activities. His professional career in- modern, intermodal transport network. It was cers, inside the classroom and at the officers’ cludes currently serving as the CEO and club, will be among the most important that this exceptional leadership that twice earned Chairman of the Small Business Service Bu- him the Railway Age ‘‘Railroader of the Year’’ you take away from this course. reau, Inc. (SBSB), a nationwide organization Equally important will be the professional award—making him one of just three individ- associations you make with your fellow stu- with over 50,000 small businesses and self- uals to be so honored. dents. The future battlefields will be joint employed members. Formerly, he was the This past July, Ray Burton was promoted to and multinational and you will find your- president of the SBSB China Trade Group, the post of Chairman and CEO of TTX, a fit- selves serving with the officers you are which led small business trade delegations ting reward for a man who has led his com- studying with this year—-just as I have expe- and conducted studies of the public health rienced. I can tell you that as commander of pany—and his industry—into the 21st Century systems of the People’s Republic of China well equipped to meet the challenges ahead. the stabilization force in Bosnia, the rela- and the People’s Republic of Vietnam. tionships that I had developed with my coun- Ray will be missed when he retires, but the terparts in years past, whether in oper- In addition, Mr. Carroll has been a presi- seeds he planted will continue to bear fruit for ational assignments, or in the Command and dential appointee to the National Advisory many more years to come. General Staff College or the National War Council, U.S. Small Business Administration f College, helped us to bridge the gaps. Per- and the U.S. State Department Trade Devel- sonal relationships and a common profes- opment Agency. He was also a founding CELEBRATE INDIA’S 53RD YEAR sional understanding turned those dif- member of the Democratic National Com- OF INDEPENDENCE ferences into strengths. mittee, Small Business Council and a delegate We, in this country, have put tremendous effort into our professional education sys- to the White House Conference on Small HON. LUIS V. GUTIERREZ tems. The pay-off for that investment has Business, appointed by Massachusetts Gov- OF ILLINOIS been a consistently high quality of officer ernor Edward J. King and U.S. Senator JOHN IN THE HOUSE OF REPRESENTATIVES leadership. I would also tell you that our KERRY. In 1984, Mr. Carroll was one of 25 Tuesday, September 12, 2000 noncommissioned officer education system is chosen from the United States as an Official Mr. GUTIERREZ. Mr. Speaker, it is a great equally the finest in the world and it has Observer of the El Salvador run-off election. privilege for me to pay tribute to the Chicago’s produced the very finest NCO Corps in the Most recently Mr. Carroll demonstrated his Federation of Indian Associations for its in- history of our army. commitment to the community as the General In the gulf war, one of the take away les- valuable work honoring India on the occasion Chairman of the Korean War Memorial Com- sons was that our technological and materiel of the 53rd anniversary of India’s independ- mittee of Central Massachusetts which spon- superiority made us successful. Those who ence. fought the war would give you a slightly sored the 50th Anniversary Korean War Spec- The Federation is enriched by the diversity broader lesson. As one division commander tacular Salute to Our Korean War Heroes at of member organizations who have found a proclaimed, we could have traded equipment Mechanics Hall in Worcester, Massachusetts. common mission in promoting the Indian com- with the Iraqis and still beat them in 100 Other causes Mr. Carroll has given hours of hours. That may sound like vain boasting, munity and honoring India. The Federation is service to include the Ireland/Worcester Heart strongly committed to serving the Indian com- but his point was that our professional edu- Research Program, the McAuley-Nazareth cation system and the professionalism of our munity and works tirelessly to meet this goal. soldiers and their leaders were the founda- Home for Boys in Massachusetts and the Liv- To celebrate the special occasion of India’s tions of our warfighting prowess—not tech- ing Memorial Hospital in Lien Hiep, Vietnam. 53rd year of independence, the Federation will nology. He was formerly a member and commander of host more than twenty-five thousand visitors That has always been true. In the Army we the Vernon Hill Post 435, American Legion. from Indiana, Michigan, Iowa and Wisconsin to do two things every day-—we train soldiers For his service, Mr. Carroll has been award- witness a spectacular parade carefully and we grow them into leaders. Some of that ed with the Leo Z. Gordon Humanitarian planned to showcase India’s rich cultural herit- work happens in our operational units. Some Award, the American Legion Citizen of the of it happens in quiet moments when our of- age. The India Independence Day Parade will ficers and soldiers can read about their pro- Year Award, and the Cathy Donahue Service be celebrated on Saturday, August 19th. The fession, its history, its methods, and its doc- Award. He was also an honoree at the Year parade will feature colorful floats each rep- trine. But the foundation of it all resides in 2000 Worcester State College Annual Scholar- resenting various states of India. The parade our professional schools. ship Tea. will honor India’s rich heritage, including its I’m glad that you have all come to study Mr. Speaker, I ask my colleagues in the music, costumes, fashion and dance. The with us. I appreciate the value that you House of Representatives to join me in hon- Federation will also host a Millennium Banquet bring to our professional education system. I oring Francis Carroll for his work and service thank you for breaking bread with us to- and Cultural Program on Friday, August 18th night. And though I don’t look forward to in the Worcester community. He has shown to celebrate this special occasion. our joining ranks on a future battlefield, I do unwavering commitment to the community and I congratulate and recognize Chicago’s Fed- look forward to the trust and confidence deserves our recognition and praise. I wish eration of Indian Associations for their commit- that we will build together as professional him the best of luck in all of his future endeav- ment, dedication and service to the Indian soldiers. ors. Community.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17975 NATIONAL ASSISTED LIVING The industry and activists both support a 1987 to accommodate increasing business WEEK—SEPTEMBER 10–16, 2000 plan to block diamonds mined in conflict zones and renovated in 1999. from entering the legitimate diamond trade. The hall was originally dedicated on Sep- HON. BILL PASCRELL, JR. Many details remain to be ironed out, but the tember 1, 1950 to honor the local members of OF NEW JERSEY industry is working on that. Unfortunately, they the Serbian orthodox faith who served in the IN THE HOUSE OF REPRESENTATIVES are running into intransigence from some seg- American armed forces. 15 of those young ments of the industry and some nations. Be- men lost their lives in defense of our nation. Tuesday, September 12, 2000 cause of the nature of the system they have They are honored today in a full-wall memorial Mr. PASCRELL. Mr. Speaker, the face of devised, substantial participation is necessary in the lobby of Serb Hall. I was honored to at- aging has changed dramatically. Americans to make it work. tend the very moving dedication ceremony for are living longer, more active lives. Involve- My bill aims to support the industry’s efforts that memorial. ment in independent activities such as work, and expresses the Sense of the Congress that Any mention of Serb Hall is not complete hobbies, and social life can add quality—and some effective system of preventing smuggled without focusing on two very traditional years—to a senior’s life Yet, while independ- diamonds from being traded as blood-free events—the Friday fish fry and visits by polit- ence and control over their lives is as impor- ones is urgently needed and directing the Ad- ical dignitaries. The first fish fry was held at tant to seniors as their physical and mental ministration to make this a higher priority. The Serb Hall in 1967 and the lunches and dinners health, many people avoid planning for senior bill also encourages technology that will find a continue to this day supplemented by a drive- housing until a pending crisis, putting their more traditional approach to this problem. Fi- through window and carry-out service. The own freedom of choice at risk and straining nally, it implements embargoes imposed by line of cars in the drive-through oftentimes cir- family relationships. Just as people have the United Nations and takes steps to make cles the parking lot and can even extend into learned to plan ahead for their financial retire- them more effective. the street during the Lenten season. ment, it should become commonplace to plan Mr. Speaker, we owe passage of this bill to Without a doubt, many individuals seeking for long-term housing and care. innocent Africans—both those caught in the major political office realize the historical and In recognition of National Assisted Living wars over diamonds, and those who depend cultural significance of holding a rally at Serb Week, September 10–16, please join me in in- on the legitimate trade in South Africa, Bot- Hall. From Milwaukee mayors, police chiefs, viting all seniors to take the time now to talk swana, and Namibia and will be hurt by a con- US congressmen and Wisconsin Governors to openly with their families about their senior sumer backlash against the blood trade. United States Presidents Eisenhower, Ken- housing options and preferences, just in case But we also owe it to Americans to pass this nedy, Johnson, Nixon, Ford, Reagan, Bush supportive housing ever becomes necessary bill. and Clinton, all have spoken at Serb Hall ei- for them. American consumers play a significant role ther as elected officials or candidates. We all value the right to live in our own in the diamond trade, because they buy 65 It is my pleasure to wish the Milwaukee Ser- homes as long as possible and to make our percent of all diamonds. They clearly have no bian community all the best as you celebrate own decisions. Americans must plan ahead in intention of supporting brutal wars—after all, 50 years of Serb Hall success. Best wishes for order to protect their preferences and maxi- their intention is to buy tokens of love and the next 50 and well beyond. mize their lifestyle options later. There is a rich commitment—but that is precisely what they f variety of senior housing and care options to are doing. choose from, so it’s important to become fully American taxpayers also deserve better: ACKNOWLEDGING LIFETIME OF educated. they have funded more than $3 billion in hu- PUBLIC SERVICE BY MR. EDWIN One of these options, assisted living, has manitarian relief to the people of these four BEARSS become a cornerstone for senior care. An as- nations who are caught up in war—at the sisted living residence is a special combination same time rebels there have earned $10 bil- HON. JAMES P. MORAN of housing, personalized supportive services lion to pay for weapons and material to keep OF VIRGINIA and health care designed to meet the needs— the same wars going. IN THE HOUSE OF REPRESENTATIVES both scheduled and unscheduled—of those The CARAT Act aims to empower Ameri- Tuesday, September 12, 2000 who require help with activities of daily living. cans to lend their consumer might to efforts to I urge all Americans to learn more about as- bring peace to Sierra Leone, Angola, Liberia, Mr. MORAN of Virginia. Mr. Speaker, I rise sisted living and how seniors can age in a lov- and the Democratic Republic of Congo. It is today to honor Mr. Edwin Bearss, a con- ing home-like environment with dignity and measured and responsible legislation that de- stituent of Virginia’s Eighth District, who has independence. serves immediate action by the 106th Con- recently retired after an impressive forty year f gress, and I urge our colleagues to support it. career with the National Park Service and dis- f tinguished service in our nation’s military. CONSUMER ACCESS TO A RESPON- Since the birth of our nation, Virginia has SIBLE ACCOUNTING OF TRADE AMERICAN SERB HALL, THE FIRST been a cornerstone in American history, espe- ACT 50 YEARS cially during the Civil War. The majority of the Civil War’s significant engagements occurred HON. TONY P. HALL HON. GERALD D. KLECZKA on battlefields in Virginia. Ed Bearss illumi- OF OHIO OF WISCONSIN nated the valuable, living history found on the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Civil War battlefields of Virginia and elsewhere in our country. Those who have been privi- Tuesday, September 12, 2000 Tuesday, September 12, 2000 leged to hear Mr. Bearss recount the vivid his- Mr. HALL of Ohio. Mr. Speaker, I rise today Mr. KLECZKA. Mr. Speaker, I wish to join in tory of our nation’s Civil War consider him a to introduce the Consumer Access to a Re- the tribute to a true southside Milwaukee land- national treasure. sponsible Accounting of Trade Act of 2000. mark, the American Serb Memorial Hall, as Ed Bearss began his service to our country This bill aims to sever the funding link that the community celebrates the hall’s 50th birth- during World War II as a Marine fighting in the has enabled the murderous rebels in Sierra day this month. Pacific. After recovering from wounds he suf- Leone and Angola to wage their wars against Located at South 51st Street and West fered during battle in New Guinea, he took ad- civilians; that has helped bring a thug to power Oklahoma Avenue, on Milwaukee’s southside, vantage of the G.I. Bill and received a degree in Liberia; and that is sustaining eight nations Serb Hall, as it’s commonly known, has been from Georgetown University, as well as a fighting in the Democratic Republic of Congo. a fixture in the city for the last half century for masters degree in history from Indiana Univer- This has been a top priority for a coalition wedding receptions, banquets, lunches and sity. of 70 human rights organizations, led by Phy- dinners, political rallies and yes, even bowling In 1955, Mr. Bearss joined the National Park sicians for Human Rights, and it has become leagues. When constructed in 1950, Serb Hall Service and began to share his knowledge an urgent matter for the diamond industry, was by far the most complete and modem fa- and passion for Civil War history. As a histo- whose tokens of love face being exposed as cility of its kind on the south and southwest rian at Vicksburg, Mr. Bearss’ research led to symbols of butchery. side of Milwaukee. The hall was expanded in the discovery of the lost ironclad Cairo and

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17976 EXTENSIONS OF REMARKS September 13, 2000 two forgotten Civil War forts. His desire for RUBIN HILL coming many obstacles. Most of the runners others to live history by touring battlefields in- Rubin Hill has been a community leader in spend long days working in the summer and spired him to preserve the Manassas battle- working with the youth of Kern and Tulare then begin the evening practices through fields from the threat of shopping malls and Counties as well as a coach for more than 35 area fields that develop the runners who years. have made McFarland High the envy of other two different amusement parks. cross country programs. Mr. Bearss set a new standard in historical Rubin is a product of Delano. He attended and graduated from Delano Elementary and Many students struggle with their edu- research with his diligence and attention to de- Delano High School. He attended and grad- cation and language, but White and his ever- tail. He has shared his research by writing ten uated from Bakersfield College in 1975. Ruby growing legions of Cougar boosters Join to books and over a hundred articles. His excel- is married to Lorene Hill and with her help help solve the problems. He and wife Cheryl lence as the chief historian of our nation’s fed- has raised five children, Donald, Sharon, pitch in to help with food, shoes, whatever is eral parks earned him the Department of the Sandra, Ruben Jr. and Shalene. He has 12 needed. He counsels runners to aim for high- Interior’s highest recognition, the Distinguished grandchildren. er goals—both in running and in life. Many Ruben worked for ten years for the City of of his running ‘‘graduates’’ have gone on to Service Award. college and occupations in a variety of pro- To many, Ed Bearss’ grandest accomplish- Delano in the Refuse, Street, Water and Parks Department. Then he transferred to fessions—many of them in education. They ment was his ability to bring a Civil War battle- return often to lend encouragement to a new field to life. He would dredge facts and stories the Delano Fire Department, where he be- came a Fireman, Engineer, Captain and fi- crop of runners who face the challenge White from his immense store of knowledge and nally Assistant Chief. When the Delano Fire offers—to again focus on winning another transport listeners back in time to when the Department was transferred to Kern County, state title. His teams have won 18 league ti- actual battles took place. The energy with Ruby became a Captain and Fire Marshall tles in 20 years, frosh-soph league titles all 20 which Mr. Bearss gave his tours excited oth- with that department, finally retiring to years, 12 section or valley titles, five Grand ers to develop a passion for history. Mr. spend more time with his community serv- Masters championships—meaning all-val- Bearss’ work has helped many people realize ice. ley—and the seven state titles. His team has been ranked No. 21 in the nation in pre- the importance of preserving our nation’s bat- Ruby’s community service includes Delano High School Trustee for four terms, Local season. He was the Bakersfield California’s tlefields and the gravity of the battles fought at ‘‘Coach of the Year’’ nine times, California those sites. Fortunately for us and future gen- P.T.A. Lifetime member including several terms as president. Ruby has served as Track and Field News ‘‘Coach of the Year’’ erations, Mr. Bearss’ historical gifts have been N.A.A.C.P. President, Jr. Chamber of Com- five times, and the California Coaches Alli- preserved by filmmaker Ken Burns, who in- merce President, member of the Kiwanis ance ‘‘Coach of the Year’’ four times. He was cluded a number of Mr. Bearss’ battlefield nar- Club, Community Action Group, Title I Ad- a finalist in 1996 for National Coach of the rations in the award-winning PBS series, ‘‘The visory Board for Delano High School, Ba- year. Born in Sweetwater, Texas, May 14, 1941, Civil War.’’ kersfield College Advisory Board, North he lived briefly in Albuquerque, New Mexico, Mr. Speaker and my fellow colleagues, I in- Kern State Prison Advisory Board, Delano before being raised in Stockton. He played Little League Board (10 years), Delano Babe vite you to join me in honoring a man who has baseball and basketball growing up and in Ruth Board (coach, president and member devoted his life to serving his country. Mr. college played basketball and pitched base- for 15 years), Almond Tree Elementary Lions Edwin Bears should be praised for the passion ball. At Magic Valley Christian College in Football team Board Member, Coach of he brought to the history of our country and Idaho he met and married Cheryl Waldrum McFarland Raiders Youth Football team, the ways he shared that passion. His legacy in 1961. In 1964 he graduated from Pepperdine Leader, Supervisor, and Coach for Delano University and moved to McFarland for his as an historian and his valuable contribution to Recreation Department for 35 years. Ruby is first teaching position. His first teaching as- the preservation of Civil War history are a tre- also a member of the State Fireman Associa- signment, for nine years, was instructing mendous gift to our nation that will last tion, the Kings—Tulare County Referee As- fifth grade science. He then taught seventh through time. Thank you, Ed Bearss, for shar- sociation and has been a referee and umpire and eighth grade woodshop and PE for 11 ing your talents with us for so many years. We for 25 years. At age 60, Ruby has served the youth of the years and presently he instructs seventh and wish you much happiness in your retirement eighth grade PE at McFarland Middle School and hope you will continue to enrich us with area all of his life, and he serves as an exam- ple for the entire community. and coaches the high school program. The your vast knowledge and appreciation of our cross-country program was dropped for a JIM WHITE nation’s history. year before he took over, and White was told f Jim White is a teacher in the McFarland that the program could be started if he could Public Schools, one of the poorest commu- keep 10 athletes out for the season. He kept TRIBUTE TO RUBIN HILL, JIM nities in California. His leadership as a coach 18 and built the program to three boys’ WHITE AND MARIA DOLORES has resulted in turning around the lives of teams and two girls’ teams. ANDRADE many youth and has brought pride to those Probably the greatest reward and com- youth, their parents, their school and their pliment he could receive is to have many of community. his former students and athletes join him in HON. JOE BACA Jim is a man who has contributed time, assisting with the cross-country program. OF CALIFORNIA energy, sweat, and his own funds to turn the The list has included Amador Ayon, Thomas IN THE HOUSE OF REPRESENTATIVES McFarland High School cross country pro- Valles, Ruben Ozuna, David Diaz, and John- Tuesday, September 12, 2000 gram into a state power and maybe the most ny Saminiego. highly prized accomplishment of the commu- Although White has never been a runner Mr. BACA. Mr. Speaker, I would like to rec- nity of McFarland in its history. Coach Jim himself—he rides a bicycle following the ognize three outstanding individuals who have White has been a magician in coaching in team through its country workouts—he made significant contributions to educational many ways. started coaching a Little League baseball opportunities for Latino children in California. His leadership as Cougar cross country team and won several championships during They will be honored this month by Adelante coach has resulted in turning around the his early days in McFarland, worked many and the California Migrant Leadership Council: lives of many youth and has brought pride to years for the McFarland recreation depart- those youth, their parents, their school and ment in its summer programs, and also Rubin Hill, Jim White, and Maria Dolores their community. The Cougar teams have Andrade. coached winning basketball teams. He start- won an unprecedented seven-state titles in ed the McFarland Pop Warner football team. These outstanding individuals deserve our cross-country competition in the past 13 White has traveled with the coaching staff thanks for their selfless work on behalf of the years, including five consecutive. of International Sports Exchange, a group poor and the disadvantaged. They truly em- McFarland’s first state crown in 1986 was fol- that tries to give athletes a chance to experi- body the spirit of Cesar Chavez, who taught lowed by five straight—in 1992, 1993, 1994, 1995 ence cultural sights, sports and fiends. He us that we can realize our dreams and hopes and 1996. Then when McFarland was moved has taken teams to Singapore, Taiwan, Ger- through hard struggles, hard work, and dedi- up an enrollment classification though it many and China. cation. Anything is possible, if we set our heart was near the bottom of the division in total To raise funds to help promote a sport or and soul to the cause. We should never forget students, the Cougars struggled against buy team supplies, he has been seen in his schools with more athletes to draw from, but old faithful ’59 Chevy pickup gathering pop the words of Cesar Chavez: ‘‘si se puede,’’ again in 1999 the Cougars reached the top. bottles and newspapers, going door to door, yes we can. White has become everything from coach and raising funds through raffles, pizza sales, These three hard working and dedicated in- to counselor to inspiration to fund raiser for car washes, and an annual barbecue. dividuals have given so much for their commu- a team which has caught the fancy of run- He has been the grand marshal for the nity and the world at large. ning fans state and nationwide for over- McFarland Christmas parade and he and his

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17977 team have been featured in many newspapers A year later, her husband Carlos aban- member a single year when as I marched by including the Los Angeles Times telling the doned the family. Maria was devastated. Doris didn’t run out in the street to ambush me story of McFarland’s rise to the top and dy- Once again she became a single parent to her and other Politicians with a great big kiss. nasty built in cross-country. Most impor- 7 children. She was now alone in a strange I’m convinced, Mr. Speaker, that the only tantly, he has become a father image to country, with a new language, and different many students and athletes who have jour- customs, which made her even more deter- ones that didn’t get that kiss from Doris were neyed through McFarland High. This Clint mined to succeed. Although she believed the Clydesdales. Eastwood look alike is now coaching the strongly in providing the highest education Every St. Patrick’s Day, as I drive past Molly ‘‘kids of the kids’’ he had when he started. possible for her children, she was forced to and Wacko Hurley’s and as I drive past the White tries to live by example. take her three oldest children out of school Gate of Heaven, I’ll think of her. The Whites have three grown daughters, and take them to work in the fields in order I’ll think of Doris and her famous Open Tami, Julie and Jamie, all of who attended to make ends meet. This enabled the rest of and graduated from McFarland High School House Parties where everyone was always the children to focus on their studies. The welcome. and Lubbock College in Texas with degrees family struggled for many years. This cre- in education. He is called ‘‘grandpa’’ by ated an unbreakable bond and unity in the I’ll think of the washing machine and bath- seven grandkids—five boys and two girls. family. Maria’s children grew up and eventu- tub filled with beer. And I’ll think of the laughs In January, wearing a sweatshirt embla- ally married. Three of the youngest grad- we shared. zoned with ‘‘McFarland Cross Country—it’s uated from college. One became a computer Actually, as I watched the Constitution sail all in the attitude,’’ two van loads of cross programmer and the other two teachers. The into Boston Harbor last July, I was reminded country runners and White were off to Sac- rest of her children continued to work in the of one of Doris’ favorite yarns. ramento where they were recognized by the fields. Although the children had created a state. It seems Doris and the family were out on life for themselves the family bond which The latest article heralding the McFarland Dan Sullivan’s trawler one beautiful Fourth of Maria created was so strong that they all re- High cross country team is a feature story in July Morning. They were passing by Castle Is- The People’s Magazine in Espanol in the May mained in Delano living close to her and each other. land trying to get the best vantage point for 2000 issue. the cannon salute from Old Ironsides. White, a ‘‘youngish’’ 58, has worked in Because the family had such a strong bond McFarland schools for 36 years and has dedi- together they decided to open up a business Doris decided that was the time to visit the cated much of his career in coaching McFar- so that Maria would no longer have to work Iadies room. land cross-country teams. His coaching du- in the fields. In 1990 the family opened As luck would have it, the propeller of Dan’s ties ‘‘stretch’’ to being involved in all as- Carniceria Janitzio in McFarland and in 1996 boat got caught up in a line, just as the Con- pects of the boys’ lives, visiting them at opened Carniceria Janitzio and Janitzio Res- stitution was passing by. And there was poor home, driving them to practice, getting tu- taurant in Delano. This fulfilled Maria’s life- Doris—firmly situated in the ladies room— long dream of owning her own business. toring if they need help in school and coun- when the cannons of the U.S.S. Constitution seling them in relationship issues. The family’s bond and unity is as strong as White will some day leave a legacy that ever. Maria is currently the proud grand- began firing across the bow of Dan Sullivan’s few coaches or men can ever claim—a win- mother of 17 grandchildren and 1 great boat. ning tradition and numerous proteges who granddaughter. This has all been possible be- Deafened by the concussion, and covered have set their sights on greater goals and cause of all the hard work, dedication, perse- with soot from the gun powder, looking like a succeeded in attaining them. verance, positive attitude, and above all love coal miner just finishing the midnight shift, MARIA DOLORES ANDRADE that Maria has given to her children. Doris managed to compose herself, exit the Maria Dolores Andrade, while living a life f ladies room fully coiffed, with the presence of of poverty and selfless devotion, has raised a mind to sweep up the soot from the deck, family of seven children, through her work TRIBUTE TO DORIS KEATING which she always kept on her mantle so she in the fields. She was able to provide edu- could tell that story over and over. cation for all of her children, with the three youngest graduating from college. Through HON. JOHN JOSEPH MOAKLEY Doris was never at a loss for a laugh. her work and sacrifice, the family has cre- OF MASSACHUSETTS But as happy go lucky as Doris was, she ated a successful family business which is IN THE HOUSE OF REPRESENTATIVES was also fiercely loyal to those she loved—her the pride of the community. family most of all. Tuesday, September 12, 2000 Maria was born in 1935 in Noroto, a very A close second—anyone who knew our small village, in Michoacan, Mexico. She was Mr. MOAKLEY. Mr. Speaker, this afternoon friend Doris would tell you—were Sammy and the 9th child in a family of 11. As a child her I wish to remember my very dear friend, Doris Boots, the two cats to whom the Grand Darm family moved to the town of Tangancicuaro, Keating. Michoacan in search of a better life. Because of South Boston dedicated her life. her family was very poor, Maria was forced Mr. Speaker I wish not so much to say The family, I understand is convinced that to work at a very young age and therefore goodbye to a long-time and very dear friend, Doris put the cats out, only so that she could dropped out of school at the age of 8. but to celebrate the life of one of the most torment herself trying to call them back in be- Through most of her childhood as well as her wonderful people I’ve had the pleasure to fore Midnight. teen-age years, Maria faced a very harsh life know. There was no limit to Doris’ loyalty, and of poverty and hard work. At the age of 16 And I know—as sure as I’m standing here— there was nothing she wouldn’t do for a friend. her mother died leaving all 11 children or- I know that Doris Keating is looking down One of those great human beings who phaned. At the age of 22 Maria married Carlos upon her family and friends—right now—with never fail to give—whether they’ve got it or Andrade. Soon thereafter she became the that warm and wonderful smile she had for ev- not—Doris personified the old adage. And that proud mother of her first son Jorge. Eleven eryone she ever met. was to live for the people upstairs, downstairs, months later she gave birth to Lupita, and Never one to dwell on sadness—anytime and over the back fence. eleven months after that she gave birth to you were feeling down her advice was always More than almost anyone I know, Doris her third child Luz Del Carmen. Her life of the same, ‘‘ Hey there’’, she’d say, ‘‘pull up lived that sentiment every single day of her poverty continued so her husband Carlos im- your boot straps! Don’t sweat the small stuff! life. migrated to the United States to work as a Get out there and move along!’’—And that Doris worked in my office ever since my migrant farm worker. For the next 17 years Maria would only see her husband one month would be her advice to all of us who miss her. days in the Boston City Council, and one of out of the year when he would return to Doris loved South Boston and she loved this my strongest supporters ever since I ran for Michoacan to visit. In the meantime Maria the Gate of Heaven Parish where family and State Representative in 1950. But most impor- had to raise her children all alone who now friends gathered to comfort one another as tantly, Doris was one of my dearest, most included Carlos, Francisco, Guillermo, and Doris passed. trusted and loyal friends. And there was noth- Rosa Adriana. She was born in South Boston. She was ing she couldn’t do. In 1974 Maria and her three oldest children Baptized at Gate of Heaven, was Confirmed Doris could write a recommendation that joined her husband Carlos in the United States. She was forced to leave four of her there, Married there, and true to form—Doris could get Attilla the Hun a Merit Badge from children behind until she had enough money was holding Court there on the day we all said the Eagle Scouts. And I know four guys who to apply for their permanent residency. In goodbye. will tell you that without Doris Keating, they 1976 the entire family reunited and now had She never missed the Saint Patrick’s Day probably never would have made it through a permanent home in the city of Delano. Parade that winds past there. And I can’t re- law school.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17978 EXTENSIONS OF REMARKS September 13, 2000 But I’ll let them say who they are. public servant and a friend for more years HONORING BUSINESS TECH- And anyone who knew Doris would tell you, than I can count, Mayor James P. Nix, of the NOLOGIES AND SOLUTIONS, INC. the same loyalty and tough love Doris showed city of Fairhope, Alabama. her family and friends was not at all lost on As many of my colleagues know, Fairhope HON. DAVID L. HOBSON the great sports teams of Boston. is one of the best-kept secrets in America. Sit- OF OHIO Doris was two when the Red Sox won the uated along scenic Mobile Bay, Fairhope has IN THE HOUSE OF REPRESENTATIVES World Series, and she waited patiently and a captivating charm and beauty that few com- enthusiastically for 82 years for the magic to Tuesday, September 12, 2000 munities—anywhere—can rival. happen again. Mr. HOBSON. Mr. Speaker, I rise to recog- Moreover, because of the outstanding lead- Her extended family included Doug Flutie, nize the achievements of Business Tech- ership provided by Mayor Nix over the past and Danny Ainge, Drew Bledsoe, and her nologies and Solutions, Inc,’s (BTAS) of 30-plus years, Fairhope is one of the best newest adoptee, Nomar. Beavercreek, Ohio, which is being honored at managed cities in the entire United States. And whether she was sitting at home knit- the Annual National Minority Enterprise Devel- ting an Irish Afghan, or at one of her old This month, Jim’s tenure as Mayor comes to opment Week in Arlington, Virginia. haunts back in the old days, either Zito’s, Pie an end. Despite pleas from hundreds of As Representative of Ohio’s 7th Congres- Alley, or the Other Place, Doris was an overtly townspeople, he decided to not seek reelec- sional District, I am pleased to recognize Ms. loyal fan. tion in the recent municipal elections. For the Angela Vlahos, President of Business Tech- And on more than one occasion, either her first time in more than 32 years, Jim Nix’s nologies and Solutions, as her company re- husband, Red, or one of the boys would have name was not on the ballot. ceives the award for the Region V Minority to smooth things over as a result of her loud However, if anyone has deserved a rest Small Business Firm of the Year. BTAS has enthusiasm. demonstrated outstanding success since it Actually, the first time Red brought Doris to from the call of duty, it is Mayor Nix. First was established in 1992. Ms. Vlahos’ commit- a Bruins game it was to see the Montreal Ca- elected to a 4-year term on the city council, ment to providing quality business and enter- nadians play at the Boston Garden. Mayor Nix has presided over what is, without She got so caught up in Fernie Flamin’s question, the 28 most prosperous years in the prise solutions has allowed her company to breakaway, that she nearly beat the poor guy history of Fairhope. experience rapid growth and enjoy more ex- in front of her to death with her program. While it is true that Baldwin County as a tensive contract opportunities with public and Needless to say, Red stepped up and straight- whole has experienced a tremendous amount private companies, including Wright Patterson ened things out. of growth during the past several decades, Air Force Base in Ohio. Not that it was necessary. To hear her kids Fairhope has certainly been a major part of BTAS has trademarked its Right Solution tell it, Doris was lethal with footwear, and this change. Under Jim Nix’s leadership, Model which provides a framework for con- could take down any man from fifty yards with Fairhope has become an important part of sistent delivery of high performance for each one of her slippers. south Alabama’s economic and cultural base. individual contract. This dedication to quality Doris never, ever lost the spirit that made In addition, Fairhope draws tens of thousands now is officially recognized by the U.S. Small her so loved by everyone who knew her. of tourists each year to numerous festivals Business Administration and the U.S. Depart- Not all that long ago, during a particularly and shows. Quite frankly, this exposure has ment of Commerce’s Minority Business Devel- tough time, Doris was laid up with Spinal helped put the national spotlight on Fairhope, opment Agency. Menengitis, and was actually in a catatonic earning for it a positive reputation. Fairhope is, Additionally, I wish to thank BTAS for its state, when, during the Buffalo Bills/Patriots without question, a shining example of the participation in our local community. The firm’s Play-Off game—Buffalo’s coach put Rob John- best Alabama has to offer. contributions to the area, including information son in the game instead of her man, Doug technology training for students of the Dayton In addition to his numerous official duties, Flutie, Doris snapped out of it, screaming ‘‘Oh, School System and recreational activities for Mayor Nix has been actively involved in sev- for God’s sake, why in God’s name didn’t they children at St. Joseph’s Treatment Center, eral professional and civic organizations and put in Flutie!!’’ serve as a positive model for other local com- And you know—Doris was right. has served as president of both the Alabama panies. That’s my friend, Doris. League of Municipalities and the Baldwin Mr. Speaker, I join the Small Business Ad- In the toughest of times, there was never County Mayor’s Association. He is currently ministration and the Department of Com- any complaining, but there was humor. She serving on the boards for several area banks merce’s Minority Business Development Agen- was tough when she got mad, but Doris and is a trustee for the University of South cy in recognizing the achievements of Ms. An- never, ever held a grudge. Alabama. gela Vlahos and Business Technologies and Her children will tell you, once the slipper In the midst of his significant professional Solutions, Inc. was thrown, that was it. It was over. and civic involvement, Mayor Nix also found f And if one of the kids were angry leaving for time to be a devoted husband, father and school in the morning, Doris would always call grandfather. Married to the former Anne REMARKS OF KEVIN GOVER, DE- them back to say the same thing—‘‘Up, Up!! Delorme Peele, Jim and Anne Nix are the PARTMENT OF THE INTERIOR Come back here and give me a kiss. You proud parents of three, and the proud grand- ASSISTANT SECRETARY OF IN- never know if I’m gonna be here when you get parents of nine. Speaking of Anne, I would be DIAN AFFAIRS back.’’ remiss if I did not salute her as well. She Well, Doris left us all in friendship, in love, leaves behind a gracious, lasting legacy as a HON. DALE E. KILDEE and in peace. true ambassador for Fairhope in her role as OF MICHIGAN She’ll be missed, and she was a blessing to First Lady. IN THE HOUSE OF REPRESENTATIVES all who knew her. And as the Irish Blessing goes, ‘‘Until we While Mayor Nix has certainly earned his re- Tuesday, September 12, 2000 tirement following so many years of dedicated meet again, my old friend, may God hold you Mr. KILDEE, Mr. Speaker, I rise today to service, he will certainly be missed by the in the palm of his hand.’’ commend Department of the Interior Assistant many friends and colleagues he has made f Secretary of Indian Affairs Kevin Gover for ex- during his years in the city government. tending a formal apology on behalf of the Bu- TRIBUTE TO FAIRHOPE MAYOR On a personal note, while I will no longer JIM NIX reau of Indian Affairs to Native Americans for have the privilege of working with Jim and the historical treatment by that agency. Mr. HON. SONNY CALLAHAN Anne professionally, I look forward to the con- Gover recently delivered his remarks at the tinuation of our friendship in the years to 175th Anniversary of the Bureau of Indian Af- OF ALABAMA come. fairs. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on behalf of the entire First In his remarks, Mr. Gover recounted the role Tuesday, September 12, 2000 Congressional District, I would like to express of the Bureau of Indian Affairs in implementing Mr. CALLAHAN. Mr. Speaker, I rise today to my appreciation to Mayor Jim Nix and my con- the policies of the United States. For many pay tribute to a fine gentleman, an outstanding gratulations on his retirement. years, the policies of the United States were

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17979 designed to terminate tribal nations and their provided by this agency, this agency set out your languages, your rituals, or any of your culture. Mr. Speaker, we share the responsi- to destroy all things Indian. tribal ways. Never again will we seize your bility for the historical treatment of Native This agency forbade the speaking of Indian children, nor teach them to be ashamed of who they are. Never again. Americans since the Bureau of Indian Affairs languages, prohibited the conduct of tradi- tional religious activities, outlawed tradi- We cannot yet ask your forgiveness, not bears the responsibility of implementing the tional government, and made Indian people while the burdens of this agency’s history laws and policies of Congress. ashamed of who they were. Worst of all, the weigh so heavily on tribal communities. While we cannot erase the deplorable his- Bureau of Indian Affairs committed these What we do ask is that, together, we allow tory of Indian policy in the United States, I acts against the children entrusted to its the healing to begin: As you return to your want to acknowledge that today the Bureau of boarding schools, brutalizing them emotion- homes, and as you talk with your people, Indian Affairs and its 10,000 employees are ally, psychologically, physically, and spir- please tell them that time of dying is at its striving to be advocates for Indian people. I itually. Even in this era of self-determina- end. Tell your children that the time of tion, when the Bureau of Indian Affairs is at shame and fear is over. Tell your young men believe that Assistant Secretary Gover’s pro- and women to replace their anger with hope found and wise remarks will become an impor- long last serving as an advocate for Indian people in an atmosphere of mutual respect, and love for their people. Together, we must tant document in the annals of American his- the legacy of these misdeeds haunts us. The wipe the tears of seven generations. To- tory. Mr. Speaker, I wish to share Mr. Gover’s trauma of shame, fear and anger has passed gether, we must allow our broken hearts to remarks with my colleagues. from one generation to the next, and mani- mend. Together, we will face a challenging world with confidence and trust. Together, REMARKS OF KEVIN GOVER, ASSISTANT SEC- fests itself in the rampant alcoholism, drug let us resolve that when our future leaders RETARY—INDIAN AFFAIRS, DEPARTMENT OF abuse, and domestic violence that plague In- gather to discuss the history of this institu- THE INTERIOR AT THE CEREMONY ACKNOWL- dian country. Many of our people live lives of tion, it will be time to celebrate the rebirth EDGING THE 175TH ANNIVERSARY OF THE ES- unrelenting tragedy as Indian families suffer of joy, freedom, and progress for the Indian TABLISHMENT OF THE BUREAU OF INDIAN AF- the ruin of lives by alcoholism, suicides Nations. The Bureau of Indian Affairs was FAIRS—SEPTEMBER 8, 2000 made of shame and despair, and violent born in 1824 in a time of war on Indian peo- In March of 1824, President James Monroe death at the hands of one another. So many of the maladies suffered today in Indian ple. May it live in the year 2000 and beyond established the Office of Indian Affairs in the as an instrument of their prosperity. Department of War. Its mission was to con- country result from the failures of this agen- duct the nation’s business with regard to In- cy. Poverty, ignorance, and disease have f dian affairs. We have come together today to been the product of this agency’s work. mark the first 175 years of the institution And so today I stand before you as the H–1B VISA ISSUE now known as the Bureau of Indian Affairs. leader of an institution that in the past has It is appropriate that we do so in the first committed acts so terrible that they infect, HON. DANA ROHRABACHER diminish, and destroy the lives of Indian peo- year of a new century and a new millennium, OF CALIFORNIA ple decades later, generations later. These a time when our leaders are reflecting on IN THE HOUSE OF REPRESENTATIVES what lies ahead and preparing for those chal- things occurred despite the efforts of many lenges. Before looking ahead, though, this good people with good hearts who sought to Tuesday, September 12, 2000 institution must first look back and reflect prevent them. These wrongs must be ac- Mr. ROHRABACHER. Mr. Speaker, I Would on what it has wrought and, by doing so, knowledged if the healing is to begin. I do not speak today for the United States. like to submit for my colleagues an article that come to know that this is no occasion for recently appeared in the New York Times. celebration; rather it is time for reflection That is the province of the nation’s elected and contemplation, a time for sorrowful leaders, and I would not presume to speak on With all the recent discussion about the H–1B truths to be spoken, a time for contrition. their behalf. I am empowered, however, to visa issue, I thought this article was not only We must first reconcile ourselves to the speak on behalf of this agency, the Bureau of timely, but quite effective at unveiling the truth fact that the works of this agency have at Indian Affairs, and I am quite certain that behind all the rhetoric I’ve heard. In fact, I be- various times profoundly harmed the com- the words that follow reflect the hearts of its lieve this article succinctly captures the rea- munities it was meant to serve. From the 10,000 employees. sons why Congress should not raise the H–1B Let us begin by expressing our profound very beginning, the Office of Indian Affairs visa limit. was an instrument by which the United sorrow for what this agency has done in the States enforced its ambition against the In- past. Just like you, when we think of these [From the New York Times, Sept. 6, 2000] dian nations and Indian people who stood in misdeeds and their tragic consequences, our QUESTIONING THE LABOR SHORTAGE its path. And so, the first mission of this in- hearts break and our grief is as pure and (By Richard Rothstein) stitution was to execute the removal of the complete as yours. We desperately wish that To alleviate apparent shortages of com- southeastern tribal nations. By threat, de- we could change this history, but of course puter programmers, President Clinton and ceit, and force, these great tribal nations we cannot. On behalf of the Bureau of Indian Congress have agreed to raise a quota on H– were made to march 1,000 miles to the west, Affairs, I extend this formal apology to In- 1B’s, the temporary visas for skilled for- leaving thousands of their old, their young dian people for the historical conduct of this eigners. The annual limit will go to 200,000 and their infirm in hasty graves along the agency. next year, up from 65,000 only three years Trail of Tears. And while the BIA employees of today did ago. As the nation looked to the West for more not commit these wrongs, we acknowledge The imported workers, most of whom come land, this agency participated in the ethnic that the institution we serve did. We accept from India, are said to be needed because cleansing that befell the western tribes. War this inheritance, this legacy of racism and American schools do not graduate enough necessarily begets tragedy; the war for the inhumanity. And by accepting this legacy, young people with science and math skills. West was no exception. Yet in these more en- we accept also the moral responsibility of Microsoft’s chairman, William H. Gates, and lightened times, it must be acknowledged putting things right. Intel’s chairman, Andrew S. Grove, told Con- that the deliberate spread of disease, the dec- We therefore begin this important work gress in June that more visas were only a imation of the mighty bison herds, the use of anew, and make a new commitment to the stopgap until education improved. the poison alcohol to destroy mind and body, people and communities that we serve, a But the crisis is a mirage. High-tech com- and the cowardly killing of women and chil- commitment born of the dedication we share panies portray a shortage, yet it is our dren made for tragedy on a scale so ghastly with you to the cause of renewed hope and memories that are short: only yesterday that it cannot be dismissed as merely the in- prosperity for Indian country. Never again there was a glut of science and math grad- evitable consequence of the clash of com- will this agency stand silent when hate and uates. peting ways of life. This agency and the good violence are committed against Indians. The computer industry took advantage of people in it failed in the mission to prevent Never again will we allow policy to proceed that glut by reducing wages. This discour- the devastation. And so great nations of pa- from the assumption that Indians possess aged youths from entering the field, creating triot warriors fell. We will never push aside less human genius than the other races. the temporary shortages of today. Now, tak- the memory of unnecessary and violent Never again will we be complicit in the theft ing advantage of a public preconception that death at places such as Sand Creek, the of Indian property. Never again will we ap- school failures have created the problem, in- banks of the Washita River, and Wounded point false leaders who serve purposes other dustry finds a ready audience for its de- Knee. than those of the tribes. Never again will we mands to import workers. Nor did the consequences of war have to in- allow unflattering and stereotypical images This newspaper covered the earlier surplus clude the futile and destructive efforts to an- of Indian people to deface the halls of gov- extensively. In 1992, it reported that I in 5 nihilate Indian cultures. After the devasta- ernment or lead the American people to shal- college graduates had a job not requiring a tion of tribal economies and the deliberate low and ignorant beliefs about Indians. college degree. A 1995 article headlined ‘‘Sup- creation of tribal dependence on the services Never again will we attack your religions, ply Exceeds Demand for Ph.D.’s in Many

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 17980 EXTENSIONS OF REMARKS September 13, 2000 Science Fields’’ cited nationwide unemploy- students to major in computer science and wood are being lovingly restored and shown ment of engineers, mathematicians and sci- engineering, and colleges will adjust to ris- off at car shows and cruises throughout the entists. ‘‘Overproduction of Ph.D. degrees,’’ ing demand. But more H–1B immigrants can United States. it noted, ‘‘seems to be highest in computer have a perverse effect, as their lower pay sig- science.’’ nals young people to avoid this field in fu- f Michael S. Teitelbaum, a demographer who ture, keeping the domestic supply artifi- DOGS IN SERVICE TO MANKIND served as vice chairman of the Commission cially low. on Immigration Reform, said in 1996 that there was ‘‘an employer’s market’’ for tech- f HON. NITA M. LOWEY nology workers, partly because of post-cold- IN HONOR OF THE CRUSIN’ HALL OF NEW YORK war downsizing in aerospace. OF FAME INDUCTEES AT THE IN THE HOUSE OF REPRESENTATIVES In fields with real labor scarcity, wages ROUTE 66 RENDEZVOUS Tuesday, September 12, 2000 rise. Yet despite accounts of dot-com entre- preneurs’ becoming millionaires, trends in Mrs. LOWEY. Mr. Speaker, I rise today to computer technology pay do not confirm a HON. JOE BACA commend the American Kennel Club’s cele- need to import legions of programmers. OF CALIFORNIA bration of ‘‘Dogs in Service to Mankind.’’ The Salary offers to new college graduates in IN THE HOUSE OF REPRESENTATIVES American Kennel Club, established in 1884, is computer science averaged $39,000 in 1986 and the world’s largest purebred dog registry and Tuesday, September 12, 2000 had declined by 1994 to $33,000 (in constant the nation’s leading not-for-profit organization dollars). The trend reversed only in the late Mr. BACA. Mr. Speaker, the City of San devoted to the support of purebred dogs, re- 1990’s. Bernardino will be hosting its 11th Annual The West Coast median salary for experi- sponsible pet ownership and canine health. enced software engineers was $71,000 in 1999, Route 66 Rendezvous event downtown this As well as providing invaluable and bene- up only 10 percent (in constant dollars) from month. The event is expected to draw over ficial companionship to millions of Americans, 1990. This pay growth of about I percent a 500,000 classic car fans to the downtown, with purebred dogs have provided service to man- year suggests no labor shortage. 2,448 prime classic cars at the event (the kind for generations and in a myriad of ways. Norman Matloff, a computer science pro- number of miles of the Route 66 highway). I Only a few examples are the dogs who ac- fessor at the University of California, con- would like to salute the event’s inductees into companied our servicemen in every war; who tends that high-tech companies create artifi- the Crusin’ Hall of Fame, an impressive and rescue Americans every year from fire, entrap- cial shortages by refusing to hire experi- truly remarkable collection of honorees this ment and drowning; and whose powers of enced programmers. Many with technology year: scent enable them to locate lost children, dan- degrees no longer work in the field. By age ∑ 50, fewer than half are still in the industry. Mattel, in honor of the significant impact gerous chemicals and illegal materials. Luring them back requires higher pay. the company has made in the American Auto- Dogs give vital assistance to the handi- Industry spokesmen say older program- motive culture with the development of the capped, ill and elderly, and these amazing mers with outdated skills would take too miniature vehicles ‘‘Hot Wheels.’’ creatures can even warn a person that a heart long to retrain. But Dr. Matloff counters by Mattel is known as a leader in the world of attack or epileptic seizure is about to occur. saying that when they urge more H–1B visas, toy design, manufacturing, and marketing. Many Americans have benefitted from the lobbyists demonstrate a shortage by point- Mattel introduced ‘‘Hot Wheels’’ miniature ve- companionship and unconditional love that ing to vacancies lasting many months. Com- hicles in 1968. The three-inch long cars and service dogs provide. panies could train older programmers in less trucks reached out and captured children’s So today, I join the American Kennel Club time than it takes to process visas for cheap- in its recognition of dogs’ extraordinary capa- er foreign workers. imaginations. Mattel celebrated the 30th anni- Dr. Matloff says that in addition to the pay versary of ‘‘Hot Wheels’’ in 1998, and reached bilities. I am delighted to Join in honoring issue, the industry rejects older workers be- a milestone when they produced the two bil- these wonderful animals whose service to hu- cause they will not work the long hours typ- lionth Hot Wheel car, making Mattel the pro- mankind deserves our utmost appreciation. ical at Silicon Valley companies with youth- ducer of more vehicles than Detroit’s big three f ful ‘‘singles’’ styles. Imported labor, he ar- auto makers combined. gues, is only a way to avoid offering better ∑ HONORING HO’OIPO DECAMBRA, The Beach Boys, a popular sixties and 2000 ROBERT WOOD JOHNSON conditions to experienced programmers. H– seventies band that popularized surfing and 1B workers, in contrast, cannot demand COMMUNITY HEALTH LEADER higher pay: visas are revoked if workers cruising music, in honor of the significant part leave their sponsoring companies. their music plays in the American automotive HON. PATSY T. MINK As for young computer workers, the labor culture. OF HAWAII market has recently tightened, with rising From Hawthorne, California, the three IN THE HOUSE OF REPRESENTATIVES wages, because college students saw earlier Beach Boy brothers—Brian, Dennis and Carl wage declines and stopped majoring in math Wilson, plus cousin Mike Love and friend Al Tuesday, September 12, 2000 and science. In 1996, American colleges Jardine had some of the most intricate, beau- Mrs. MINK of Hawaii. Mr. Speaker, I rise awarded 25,000 bachelor’s degrees in com- tiful harmonies heard from a pop band. Their puter science, down from 42,000 in 1985. today to acknowledge the tremendous con- The reason is not that students suddenly music is still popular and can be heard on tributions of Ho’oipo DeCambra, Executive Di- lacked preparation. On the contrary, high countless radio stations and car cruises rector of Ho’omau Ke Ola, for her work to im- school course-taking in math and science, in- around the nation. prove the health and well-being of her rural cluding advanced placement, had climbed. ∑ The J.C. Agajanian Family, a family with community in Wai’anae, Hawaii. Ho’oipo’s in- Further, math scores have risen; last year 24 over fifty years in motorsports racing, in honor spired leadership and innovative programs led percent of seniors who took the SAT scored of their many significant contributions in the to her being named a 2000 Robert Wood over 600 in math. But only 6 percent planned promotion, participation, and involvement in Johnson Community Health Leader. to major in computer science, and many of the American automotive culture. Only ten people nationwide receive this these cannot get into college programs. J.C. Agajanian, one of the most influential prestigious award each year. The Robert The reason: colleges themselves have not yet adjusted to new demand. In some places, men in American motorsports history, is Wood Johnson Community Health Leader computer science courses are so oversub- known for his involvement and many achieve- award, the nation’s highest honor for commu- scribed that students must get on waiting ments in the motorsports world. In 1998, the nity health leadership, includes an $100,000 lists as high school juniors. Agajanians marked their 50th Golden Anniver- cash award—$95,000 goes to enhance the With a time lag between student choice of sary of promoting, participating, and involve- awardee’s community health program and majors and later job quests, high schools and ment with the famed Indianapolis 500. $5,000 is a personal award. colleges cannot address short-term supply ∑ The Woody, the hand-built ‘‘sport utility Ho’oipo DeCambra has developed and im- and demand shifts for particular professions. vehicle’’ of its day, in honor of the significant plemented successful substance abuse treat- Such shortages can be erased only by raising wages to attract those with needed skills role this unique automobile played in the ment programs and a women’s cancer project who are now working in other fields—or by American Automotive culture. utilizing traditional Hawaiian values and heal- importing low-paid workers. Since the sixties, these wagons have been ing practices to reach out to the Native Hawai- For the longer term, rising wages can popular collector’s items. They are in such de- ian community, which suffers from a high inci- guide counselors to encourage well-prepared mand that old cars with splinters instead of dence of substance abuse and cancer. A long-

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17981 time social justice advocate, Ho’oipo became this exodus, many Jewish families established American Red Cross ‘‘Certification of Recogni- involved in local health care after seeing the themselves in the then Danish West Indies tion for Extraordinary Personal Action’’ in July effects that disease and drug addiction have which are now the U.S. Virgin Islands. Some 1977 for resuscitating a two year old boy in a had on the people of her own community. of the surnames which date back to that time 1976 swimming pool accident. Troubled by the number of Hawaiian women are still present in the Virgin Islands today Mr. O’Laughlin is: a charter member of the with breast cancer, DeCambra pioneered the such as: Maduro, Castro, Sasso, Levin, Bornn, Serra Club of Johnson County, Kansas; past Women’s Cancer Research Project, now and Monsanto. school board member of St. Ann’s School and called the Women’s Health Network. The pro- The St. Thomas Synagogue is also revered former PTA co-president, with Mimi gram teaches women and their families about as among one of the most architecturally inter- O’Laughlin. He currently serves on the finance breast and cervical cancers through ‘‘kokua’’ esting buildings on St. Thomas. This one council for St. Ann’s Catholic Church in Prairie or help groups. The original study employed story, three-bay front building measures forty Village, Kansas. He has been involved with or- Hawaiian women with breast cancer in data feet by fifty feet, is rectangular in shape. Its ganizations such as: the Leukemia Society; collection and analysis. foundations, made of masonry with lime mor- the Chamber of Commerce of Greater Kansas Ho’oipo DeCambra has since turned her tal- tar and plaster, and its walls, made of brick City; the Salvation Army, the Heart Associa- ents and energy to helping people who suffer and cut stone load-bearing masonry walls with tion; Friends of the Arts and Friends of the from drug addiction. She directs a substance lime mortar and plaster, are still strong and Zoo; and the ‘‘Leave a Legacy’’ Foundation. abuse treatment program, Ho’omau Ke Ola, sound. Its interior is emaculate with preserved Finally, Brian O’Laughlin has coached over that uses traditional Native Hawaiian healing artifacts and furniture centuries old. The most twenty five seasons of soccer, basketball and methods in concert with the very latest clinical fascinating aspect is its flooring—13″ marble rugby. He also is a certified ‘‘International practices to treat the largely Hawaiian popu- tiles and covered with one inch of loose sand, Doping Control Officer’’ for various inter- lation of the Wai’anae coast of the island of a poignant reminder of the time when they national sports organizations and tests world O’ahu. Ho’omau Ke Ola also provides transi- had to worship in secret. The sand on the class athletes for steroid use to ensure fair tional shelter and distributes food to residents floor is a remnant of the days of the Marranos, competition and the safety of the athletes. in the community. Jews during the Spanish Inquisition who were Mr. Speaker, Brian O’Laughlin is the kind of Ho’oipo DeCambra previously served as forced to convert to Christianity but who se- concerned citizen whose selfless dedication to chair of the board of the Wai’anae Coast cretly practiced their Judaism. Since practicing others binds our communities together. I com- Comprehensive Health Center. She is a their faith was punishable by death, they met mend him on his recognition as ‘‘Man of the founding board member of Ke Ola O Hawai’i, in cellars with sand covering the floor in order Year’’ by the Missouri Association of Insur- an academic community partnership organiza- to muffle the sounds of their prayers. ance and Financial Advisors and I am pleased tion. She also sits on the board of the Hawai’i On Friday, September 15, 2000, the United to have this opportunity to publicly commend Health Foundation, which promotes a tradi- States Department of Interior will honor the his good works before the House of Rep- tional Native Hawaiian diet, and serves on an U.S. Virgin Islands and the Hebrew Congrega- resentatives. ad hoc committee of the U.S. Department of tion of St. Thomas at a ceremony formally f Health and Human Services’ Office of Wom- designating the St. Thomas Synagogue as a en’s Health, Minority Women’s Health Panel of National Historic Landmark. HONORING SISTER CATHERINE Experts. Ho’oipo is also a published poet. On behalf of the Congress of the United MORAN I am pleased to have this opportunity to States of America, I congratulate the Hebrew congratulate Ho’oipo and to thank her for de- Congregation of St. Thomas on attaining this HON. BENJAMIN A. GILMAN voting her considerable talents and boundless honor and salute them for their dedicated OF NEW YORK aloha to improving the lives of the people in service and contributions to the United States IN THE HOUSE OF REPRESENTATIVES her community and throughout the state. Virgin Islands. Tuesday, September 12, 2000 f f Mr. GILMAN. Mr. Speaker, I was unavoid- ST. THOMAS SYNAGOGUE—A TRIBUTE TO BRIAN M. ably detained in New York and missed the NATIONAL HISTORIC LANDMARK O’LAUGHLIN opening ceremonies of today’s session. Ac- cordingly, I deeply regret not being here in HON. DONNA MC CHRISTENSEN HON. DENNIS MOORE person to greet Sister Catherine Moran, who OF THE VIRGIN ISLANDS OF KANSAS delivered the opening prayer earlier this after- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES noon. In recent years, while there have been other Tuesday, September 12, 2000 Tuesday, September 12, 2000 clergy women who have had the honor of Mrs. CHRISTENSEN. Mr. Speaker, I rise to Mr. MOORE. Mr. Speaker, I rise today to leading this body in its opening prayer, I un- pay tribute to the St. Thomas Synagogue, for- pay tribute to a noteworthy resident of the derstand, however, that Sister Catherine mally, the Synagogue of Beracha Veshalom Third Congressional District of Kansas, Brian Moran is the first person who has never been Vegemiluth Hasidim, or in English, ‘‘the Syna- M. O’Laughlin, who lives in Prairie Village, ordained to be afforded this honor. Truly, this gogue of Blessing and Peace and Acts of Kansas, with his wife, Mimi, and their four was an historic occasion. Piety,’’ located on Synagogue Hill overlooking sons. However, Sister Catherine’s entire life has Charlotte Amalie Harbor in the Federal His- Mr. O’Laughlin recently was named ‘‘Man of been one of breaking precedent. Born in toric District of Charlotte Amalie, the capital of the Year’’ by the Missouri Association of Insur- Brooklyn, she entered the convent on Sep- the United States Virgin Islands. ance and Financial Advisors for his service tember 8, 1945, receiving a Masters Degree in Today, September 12, 2000, marks the and leadership to his industry, community and Education from St. John’s University, and ad- 167th Anniversary of the consecration of the clientele. He has been in the insurance and fi- vanced certificates in Administration from both St. Thomas Synagogue. This synagogue, a nancial services industry in the Kansas City Hofstra University and the State University of well-preserved structure, built 167 years ago area for the past 17 years, where his practice New York in Plattsburgh. today in 1833, is indeed rich in history, culture specializes in insurance. From 1975 until 1983, Sister Catherine and architecture. It is the second oldest syna- Mr. O’Laughlin is a past president of the Moran was the Principal at Albertus Magnus gogue in the Western Hemisphere and the Kansas City Life Underwriters Association High School in Bardonia, New York. Albertus oldest in continuous use under the American [KCLUA] and currently serves on its board. Magnus has long been one of the most pres- flag. KCLUA awarded him its highest honor in Jan- tigious and respected high schools in my Con- For many Virgin Islanders, the St. Thomas uary 1999, as the ‘‘Herbert Hedges Man of the gressional District, and its luster is due in Synagogue is a reminder of tolerance and Year.’’ He also has served his community as good part to the outstanding leadership which equality, as well as of European expansion president of the Rockhurst High School Alumni Sister afforded during her eight year tenure as into the new world during the Spanish Inquisi- Association and as the assistant coach and its Principal. tion of 1492. Practicing Jews were expelled general manager of the Junior Blues High Although she is still affiliated with the Do- from Spain during that period. As a result of School Rugby Club. He was awarded the minican Convent in Sparkill, New York, for the

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17982 EXTENSIONS OF REMARKS September 13, 2000 past 14 years Sister has traveled over the bor- sors. He also serves on the boards of the Vic- face today, it is clear this program is inform- der into New Jersey, where she serves the toria Theatre, the Dayton Foundation, and the ative and beneficial for the young people of New Community Corporation in Newark as Ohio Business Roundtable. Additionally, he Alabama. Human Resources director. Her outstanding founded the Asian Indian American Business Mr. Speaker, I salute Peggy Thrash and Ga- service in this capacity earned the attention of Group in 1987 and the Ohio India Project briel Peck, Jr., for coming up with the innova- our colleague from New Jersey (Mr. PAYNE), which raises funds for charitable work. tive program, A Day at the Ranch. Not only who sponsored Sister’s participation in our As a result of his steadfast support, Wright are they helping educate our young people on opening ceremonies today. State University publicly recognized Mr. Soin the importance of good equestrian practices, Mr. Speaker, I would like all of our col- on September 11, 2000 by naming the but they are also providing a valuable lesson leagues to be aware that on October 20th of school’s College of Business and Administra- on the importance of hard work and responsi- this year, Sister Catherine Moran will be the tion in his honor. bility. recipient of the 2000 Founders Award from St. As Ohio’s Seventh District Representative to f Thomas Aquinas College in my Congressional the Congress of the United States, I take this District, in Sparkill, NY. This highly prestigious opportunity to join with Wright State University HONORING THE STANDARD REG- award is presented annually to the individual and our entire local community to honor the ISTER COMPANY IN MONROE, NC who has exemplified the motto of St. Thomas efforts and the achievements of Raj Soin. His Aquinas College: ‘‘Enlighten the Mind through many contributions to the Miami Valley are HON. ROBIN HAYES Truth.’’ greatly appreciated by all. OF NORTH CAROLINA I plan to be on hand at the Aquinas Medal f IN THE HOUSE OF REPRESENTATIVES banquet this year as this truly remarkable Tuesday, September 12, 2000 woman is recognized for her compassion and A DAY AT THE RANCH for her service to humanity. Mr. HAYES. Mr. Speaker, today it is my Mr. Speaker, it is notable that our opening HON. SONNY CALLAHAN privilege to recognize the Standard Register prayer today was delivered by a truly unique OF ALABAMA Company’s facility in Monroe, NC, for suc- individual who made history by being here IN THE HOUSE OF REPRESENTATIVES cessfully completing over 600,000 hours of op- eration with no lost time. with us. Tuesday, September 12, 2000 f John Q. Sherman formed Standard Register Mr. CALLAHAN. Mr. Speaker, I rise today to Company in 1912 in Dayton, OH. Mr. Sher- TRIBUTE TO RAJ SOIN recognize the outstanding accomplishments of man and his company introduced Theodore A Day at the Ranch Youth Foundation. Found- Schirmer’s paper-feeding invention, the auto- HON. DAVID L. HOBSON ed in Mobile, Alabama, by Peggy Thrash and graphic register, to the industrial world. Today, OF OHIO Gabriel Peck, Jr., A Day at the Ranch is cur- Standard Register is a member of the Busi- IN THE HOUSE OF REPRESENTATIVES rently headquartered in St. Elmo, Alabama, on ness Forms Industry, and is a $1.4 billion a ten-acre horse ranch. company with approximately 8,200 associates Tuesday, September 12, 2000 A Day at the Ranch provides a very unique nationwide. Mr. HOBSON. Mr. Speaker, I rise today to opportunity for today’s youth, especially dis- The plant in Monroe was formed on August pay tribute to an outstanding Ohioan and an advantaged young people. Away from the 6, 1996, when Standard Register Company individual who has helped to show that the hustle and bustle of the city, A Day at the acquired Piedmont Pninting. Since that date American Dream can become a reality. Ranch affords young men and women an op- the employees at the Monroe facility have Raj Soin came to this country from India in portunity to participate firsthand in the environ- worked a total of 667,613 hours with no lost 1969 to attend graduate school. The airline ment of a working horse ranch. time, no work-related injuries. This great ac- which brought him to this country lost his lug- In addition to the many chores associated complishment is proof of the excellent work gage and Mr. Soin began his American odys- with running a ranch, the program also con- habits of all of the members of the Monroe sey with $3 and only the clothes he was wear- tains an educational component designed to plant. ing. Through hard work and determination, he broaden the young persons’ awareness and I would like to extend special congratula- received his degree and began a career with knowledge of contributions made by African- tions and commendations to a few of Standard Williams International in Michigan. American men and women in conjunction with Register’s corporate officers and managers, By 1984, Mr. Soin had created Modern horses. Harry Seifert, Dave Fehrman, Rick Miller, Dan Technologies Corporation and established it in Staffed by volunteers from across the state Buchholtz, Earl Ammons, and Terry E. Dayton to be near Wright-Patterson Air Force of Alabama, the ranch also gives students the Sizemore. Base and its extensive military research facili- opportunity to participate in events such as Mr. Speaker, I would like to congratulate the ties. As his businesses grew, he never forgot West Fest, as well as an annual trip to Hous- employees at Standard Register for their su- the importance of family. His wife and sons ton, Texas. perior achievements, and I would ask all of my have publicly praised his ability to balance his West Fest was held in 1998 for Mobile colleagues to join me in paying special tribute professional and family commitments. County schools, and more than 5200 students to them. Mr. Soin is currently president and CEO of attended the day’s events. West Fest was f MTC International, a parent company for a highlighted by cultural activities such as the number of high-tech and manufacturing busi- Bill Picket Rodeo, the largest African-American TRIBUTE TO GIRL SCOUT GOLD nesses involving engineering, consulting work rodeo in the country, and a cultural exchange AWARD RECIPIENTS for the military, computer applications and spotlighting Alabama’s Native American Tribes services, plastic materials and land develop- and Civil War reenactments. HON. THOMAS W. EWING ment. Mr. Soin is living proof that America is In 1999, A Day at the Ranch Youth Founda- OF ILLINOIS still a land of opportunity. tion selected 40 disadvantaged young people IN THE HOUSE OF REPRESENTATIVES Mr. Soin’s belief that the best investment is from across the state, as well as 40 youth in an investment in good people has given him foster care. They traveled to Houston for the Tuesday, September 12, 2000 a vision of excellence and helped him provide weekend and attended the Houston Livestock Mr. EWING. Mr. Speaker, today I would like crucial leadership to Wright State University. and Rodeo Show. This trip is now an annual to salute Laura David, Erin Wiggins, Jennifer Mr. Soin is committed to Wright State’s devel- event funded by supporters of A Day at the Iversen, Christina Barnes, and Merideth opment as a premier institution of higher Ranch Youth Foundation. Holmes. They are outstanding young women learning and he has consistently demonstrated Although the program is primarily designed who were honored with the Girl Scout Gold his ability to help this dream take form. for today’s youth, A Day at the Ranch also Award by Green Meadows Council in Urbana, While building his own successful business hosts adult groups. Since 1996, more than Illinois. Laura, Erin, Jennifer, Christina, and ventures, Raj Soin has served on Wright State 25,000 young people and adults alike have Merideth were honored on May 8, 2000 for University’s Board of Trustees since 1993 as spent A Day at the Ranch. With the over- earning the highest achievement that a young well as its Business College Board of Advi- whelming social problems our young people woman aged 14–17 or in grades 9–12 can

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17983 earn in Girl Scouting. The Girl Scout Gold able to make an emergency room more com- umnist, editorial page editor, and editor-in- Award symbolizes outstanding accomplish- forting and less threatening for children. chief of the student-run Ohio State Lantern ments and has five requirements, each of I believe that Laura David, Erin Wiggins, newspaper. After graduating from OSU, Tom which helps girls develop skills in the areas of Jennifer Iversen, Christina Barnes, and wrote for the Chicago Sun-Times and the Des leadership, career exploration, self-discovery, Merideth Holmes should receive public rec- Moines Register and Tribune. He also served and service. The fifth requirement is a Gold ognition for their significant service to their as editorial page editor with Foster’s Daily Award Project that requires a minimum of 50 communities and country. Democrat of Dover, New Hampshire and as- hours of participation. f sistant news editor with the Clarion-Ledger of Girl Scouts of the U. S. A., an organization Jackson, MS. serving over 2.5 million girls, has awarded RECOGNIZING 5 OLYMPIC TEAM In 1982, Tom Suddes began working for the more than 20,000 Girl Scout Awards to Senior MEMBERS FROM THE 41ST DIS- organization that would showcase his talents Girl Scouts since the inception of the program TRICT OF CALIFORNIA and allow his career to flourish, the Cleveland in 1980. To receive this award, a Girl Scout Plain Dealer. Tom has served in many posi- must earn four interest project patches, the HON. GARY G. MILLER tions with the Cleveland Plain Dealer over the Career Exploration Pin, the Senior Girl Scout OF CALIFORNIA last 18 years. From state desk reporter to Co- Leadership Award, and the Senior Girl Scout IN THE HOUSE OF REPRESENTATIVES lumbus bureau chief, from columnist to chief Challenge, and also design and carry out a Tuesday, September 12, 2000 legislative reporter, Tom Suddes has brought honor, integrity, and fair reporting to each of Girl Scout Award project. A plan for fulfilling Mr. GARY MILLER of California. Mr. Speak- these requirements is created by the Senior his assignments. er, it gives me great pleasure to recognize five Journalists like Tom Suddes are a credit to Girl Scout and is carried out through close co- athletes from California’s 41st District that will operation between the girl, her troop leader, their profession. They diligently work to secure be representing the United States at the XXVII stories, which bring their readers the informa- and an adult Girl Scout volunteer mentor. Olympic Summer Games in Sydney, Australia. Laura and Erin’s Gold Award project was tion they so desire. Yet, above all, they pre- Leah O’Brien-Amico from Diamond Bar and ‘‘Communities Helping Communities.’’ They serve the trust and respect of the leaders and Shelia Douty from Chino will be competing on are members of Girl Scout Troop 299 in public officials they cover. the U.S. Women’s Softball Team; Heather Champaign, Illinois. The idea for their project Mr. Speaker, my wife, Karen, and I have Brown from Yorba Linda on the U.S. Women’s came when they participated in a school spon- known Tom Suddes for many years and have Volleyball Team; Brian Dunseth from Upland sored city clean-up project. They recognized the highest regard for his character and abili- on the U.S. Men’s Soccer Team; and Young the need to help elderly neighbors with yard ties as a journalist. While Karen and I will In Cheon from Diamond Bar will be competing work and beautification of their property. To- sorely miss his insight into Ohio politics and in Taekwondo. gether they organized and coordinated volun- his coverage of state and national events, we I commend these very special individuals for know that our friendship will continue to flour- teer workers, obtained donations of plant ma- sacrificing, training and competing to make it terials and supplies and provided gardening ish. At this time, I would ask my colleagues of to the top of their respective sports. Their hard the 106th Congress to stand and join me in services for eight elderly families and three work has lead to their selection on the U.S. churches. Upon completing this project, they paying special tribute to Thomas Suddes. His Olympic Team and with it the notoriety of professionalism and service are a credit to the evaluated the results. Laura felt that one of being our country’s finest athletes. It is a great the benefits of this project was the families field of journalism. We wish him the very best honor to compete for the United States in the in all of his future endeavors. were able to provide input into the selection of world’s most prestigious athletic contest. Their f flowers and how their flowerbeds were de- communities and their nation are very proud of signed. Erin said she gained self-satisfaction them. Our support and best wishes go with VENEZUELA’S PRESIDENT CHAVEZ from providing such a tangible improvement to each one of them as they journey to Sydney, homes. Benefits of the project were the expe- Australia to compete in this year’s Olympic HON. DOUG BEREUTER rience of intergenerational and multi-racial Summer Games. OF NEBRASKA neighbors working together. IN THE HOUSE OF REPRESENTATIVES Jennifer Iversen’s Gold Award project in- f volved obtaining computers for the residents A SPECIAL TRIBUTE TO THOMAS Tuesday, September 12, 2000 of Manor Care Health Services. She is also a SUDDES FOR HIS DEDICATED Mr. BEREUTER. Mr. Speaker, I submit for member of Girl Scout Troop 299 in Cham- SERVICE AND MYRIAD CON- my colleagues the August 16, 2000, Norfork paign, Illinois. Jennifer and a friend taught TRIBUTIONS TO THE FIELD OF Daily News editorial entitled ‘‘Chavez travels: residents basic computer skills and how to ac- JOURNALISM Venezuela’s new president provides incentive cess the Internet. These new skills provided to emphasize energy search.’’ As the editorial residents the ability to use e-mail to cor- HON. PAUL E. GILLMOR correctly notes, Venezuela’s new president, respond with family friends. Jennifer applied OF OHIO Hugo Chavez, is not winning friends here in for and received a grant for continuation of IN THE HOUSE OF REPRESENTATIVES America. At the request of the Speaker, this this project next year with volunteer assistance Member accompanied him on President Clin- from the social advocacy class at University Tuesday, September 12, 2000 ton’s one-day trip to Colombia to view first Laboratory High School. Mr. GILLMOR. Mr. Speaker, it is with great hand the efforts within that country and its Christina Barnes’s Gold Award project titled pride that I rise today to pay special tribute to neighbors to reduce or eliminate the coca and ‘‘Assistant Softball Coach’’ provided her the an outstanding individual from the state of poppy production, which are the basis of co- opportunity to share her talents and love of Ohio. Mr. Speaker, on August 31, 2000, caine and heroin. softball with young women aged 13–15. Chris- Thomas Suddes, chief legislative reporter for It is clear that Mr. Chavez considers himself, tina is a member of Girl Scout Troop 400 in the Cleveland Plain Dealer, retired after more with a significant degree of grandiosity and Philo, Illinois. She coached and taught this than 25 years of service in the field of jour- self-assuredness, as the emerging political group fast pitch softball skills through the Park nalism. power in the region. This appears to have District. Her project also included developing a Born in Youngstown, OH, Tom’s educational dangerous implications, and such actions by First Aid kit for the team and emphasizing nu- journey began at St. Dominic Elementary and President Chavez, as noted in the editorial to trition in her instruction. Cardinal Mooney High School. In 1976, Tom include known belligerents to our national se- Merideth Holmes is an Independent Girl completed his bachelor of arts degree in jour- curity, must be closely watched and, if nec- Scout from Monticello, Illinois, and her project, nalism at the Ohio State University. Now, Tom essary, responded to immediately. ‘‘Christian Cuddliess’’ involved working with will leave the Cleveland Plain Dealer after 18 Venezuela is the United States’ leading sup- members of a Junior Girl Scout troop to make years to pursue his doctorate degree in mass plier of imported crude and refined petroleum teddy bears for children admitted to the emer- communications at Ohio University’s E.W. products. The United States accounts for 53 gency room of Ganta Memorial Hospital in Scripps School of Journalism. percent of Venezuela’s exports. Venezuela’s Ganta, Liberia. Merideth enjoyed involving the While attending the Ohio State University, activities and cooperation within the Organiza- Junior Girl Scouts in her project and being Tom worked as statehouse reporter, col- tion of Petroleum Exporting Countries (OPEC)

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17984 EXTENSIONS OF REMARKS September 13, 2000 under the Chavez Government was one factor proclaiming that the Vice President ‘‘broke that he would try to schedule Gore’s 20 min- in doubling oil prices. with his own party to support the Gulf War.’’ utes during prime time, thus ensuring plenty Mr. Speaker, it is time we let Mr. Chavez The former Senator from Nevada ruefully con- of coverage in the news cycle. Later that night, Sen. Gore called Greene know that we are concerned about his actions cludes that ‘‘it’s much closer to the truth to say and asked if Dole had him a prime time as a hemispheric neighbor. he broke for the cameras to support the Gulf speaking slot. When Greene said nothing had [From the Norfolk Daily News, Aug. 16, 2000] War.’’ been finalized yet, Gore erupted. ‘‘Damn it, Mr. Speaker, I submit the article by Senator Howard! If I don’t get 20 minutes tomorrow, CHAVEZ TRAVELS—VENEZUELA’S NEW PRESI- I’m going to vote the other way.’’ DENT PROVIDES INCENTIVE TO EMPHASIZE Simpson, entitled ‘‘Political Calculations and The following day, Gore arrived on the ENERGY SEARCH GORE’s Gulf War Vote,’’ which appeared in the Las Vegas Review-Journal for September 1, Senate floor with, I always thought, two Venezuela’s new president, Hugo Chavez, speeches in hand. Gore was still waiting to was not winning friends among America’s 2000 for the CONGRESSIONAL RECORD. see which side—Republicans or Democrats— policymakers by cozying up to Cuban Dic- POLITICAL CALCULATIONS AND GORE’S GULF would offer him the most and the best speak- tator Fidel Castro or suggesting that Libya WAR VOTE ing time. Sen. Dole immediately asked the was a model of ‘‘participatory democracy.’’ Al Gore’s running a new campaign ad Senate to increase the amount of speaking Now he has taken a step further in that di- across the country now, saying he is ‘‘fight- time for both sides. I believe only then, after rection by traveling to Iraq as part of a visit ing for us.’’ But the true story of his Gulf Gore realized we were asking for more time to OPEC nations that make up the cartel of War vote says he is usually fighting for Al. to make room for him on our side, that he fi- oil producers. Here is the inside story of what happened. nally decided to support the resolution au- It is the first visit of any foreign leader to The Gulf War vote was pretty serious busi- thorizing the use of force to drive Saddam Iraq since Saddam Hussein’s forces invaded ness. I can’t think of anyone who didn’t have Hussein out of Kuwait. Kuwait 10 years ago, bringing on the Gulf a lump in his or her throat as they weighed It brings me no joy to recount the events War. the situation—50,000 American troops were leading up to the Gulf War vote. It isn’t America cannot dictate who Chavez’s deployed; Saddam Hussein promising the something I wanted to do. But it is some- friends can be, though it is cause for alarm ‘‘mother of all battles;’’ most ‘‘experts’’ pre- thing I have to do. I was there. that he embraces such firm enemies. Those dicting heavy American losses. I have to set the record straight because friendships, however, indicate to Americans The choice was not an easy one. Senators the Gore campaign is now running an ad pro- that Venezuela’s oil supplies, important to with combat experience on both sides of the claiming that Al Gore, ‘‘broke with his own the United States, cannot be taken for aisle were on both sides of the issue. Some party to support the Gulf War.’’ In reality, granted. Democrats openly supported the measure; it’s much closer to the truth to say he broke That is no reason to waste time denounc- some Republicans openly opposed it. And for the cameras to support the Gulf War. ing Chavez, but an incentive to re-emphasize And I have to set the record straight be- vice versa. the importance of developing new energy cause the Gulf War vote was far too impor- The seriousness of the situation called for sources within the U.S. tant an issue to fall victim to politics and re- open, honest debate. No deal-making. No ca- pulsive revising. It was a moment of chal- f joling. No politics. Just an honest discus- lenge. And sadly, Al Gore was not up to it. sion, followed by an honest vote of con- As a member of the U.S. Senate for 18 VICE PRESIDENT GORE’S GULF science by each senator. As Republican whip, WAR VOTE years, I saw many senators show their stuff I worked with the Republican leader, Bob when times got tough. And, sadly, I saw Dole, and the Democratic leaders, George some who failed to rise to the occasion. In HON. PHILIP M. CRANE Mitchell and Sam Nunn, to schedule the de- January of 1991, Al Gore put politics over bate. As Republicans, Bob and I were respon- principle. OF ILLINOIS sible for scheduling time to speak for sen- IN THE HOUSE OF REPRESENTATIVES ators who supported the war. As Democrats, f Tuesday, September 12, 2000 George and Sam were responsible for sched- uling time to speak for those who opposed DUQUESNE UNIVERSITY, MYLAN Mr. CRANE. Mr. Speaker, former assistant the war. SCHOOL OF PHARMACY Senate Republican Leader, Alan Simpson, has The night before this monumental debate, recalled for Americans the serious debate that I sat in the Republican cloakroom with Sen. HON. WILLIAM J. COYNE went on in the Senate during the period lead- Dole. The mood was somber. The tension was OF PENNSYLVANIA palpable. We were on the verge of sending ing up to the Gulf War. He tells us in a recent IN THE HOUSE OF REPRESENTATIVES troops to war. Our national credibility was article, ‘‘The seriousness of the situation called on the line. Would America stand up to tyr- Tuesday, September 12, 2000 for open, honest debate. No deal-making. No anny and aggression in the Middle East? cajoling. No politics. Just an honest discus- Mr. COYNE. Mr. Speaker, today I recognize This was not some issue to be taken lightly. the 75th anniversary of Duquesne University’s sion, followed by an honest vote of conscience As Bob and I discussed the debate schedule by each senator.’’ for the next day, a senator walked into our Mylan School of Pharmacy. Mr. Speaker, Senator Simpson reports in cloakroom and asked to speak to us. The Seventy-five years ago this month, the the Las Vegas Review-Journal that the night senator’s appearance and request surprised Duquesne School of Pharmacy opened its before the floor debate, he and Senator Dole Bob and me. It surprised us because the sen- doors. In the subsequent years, it has pre- ator was a Democrat, coming to ask for a were sitting in the Republican cloakroom som- pared thousands of pharmacists who have favor. Who was that man? gone on to provide competent, professional berly contemplating the vote which could It was Tennessee Sen. Al Gore Jr. mean sending our troops to war. He recalls service and advice to people across the coun- Sen. Gore got right to the point: ‘‘How try. Thy Mylan School of Pharmacy is widely that suddenly Tennessee Senator AL GORE much time will you give me if I support the came in and asked, ‘‘How much time will you president?’’ In layman’s terms, Gore was recognized as one of the best pharmacy give me if I support the President?’’ After asking how much debate time we would be schools in the country. I am proud that this hearing that the Democrats had offered Sen- willing to give him to speak on the floor if outstanding institution is located in my con- he voted with us. gressional district. ator GORE only seven minutes of camera time ‘‘How much time will the Democrats give f on the floor, the two Republican senators you?’’ Sen. Dole asked in response. promised him twenty minutes—prime time, if ‘‘Seven minutes,’’ came the droning re- TRIBUTE TO THE KLEIN BRANCH possible. sponse. Senator Simpson reports that later, after ‘‘I’ll give you 15 minutes,’’ Dole said. HON. ROBERT A. BORSKI being told by GOP Senate Secretary Howard ‘‘And I’ll give you five of mine, so you can OF PENNSYLVANIA Greene that the time had not yet been final- have 20 minutes,’’ I offered. IN THE HOUSE OF REPRESENTATIVES ized, Senator GORE exploded with the remark, Gore seemed pleased, but made no final ‘‘Damn it, Howard, if I don’t get 20 minutes to- commitment, promising only to think it Tuesday, September 12, 2000 over. morrow, I’m going to vote the other way.’’ Gore played hard to get. He had received Mr. BORSKI. Mr. Speaker, today I honor the Senator Simpson says that it brings him no his time. But now he wanted prime time. Jewish Community Centers of Greater Phila- joy to recount the events leading up to the And Dole and I knew it. After Gore left, Dole delphia’s Raymond and Miriam Klein Branch, Gulf War, but feels he has to set the record asked Howard Greene, the Republican Senate as they celebrate 25 years of servicing their straight because the Gore campaign is now secretary, to call Gore’s office and promise community.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17985 The Klein Branch opened its doors to soci- Both of our governments are dedicated to Whereas the United States and India share ety in 1975, as a haven not only for its mem- the protection of the rule of law, democracy common ideals and a vision for the 21st cen- bers, but also for all in the community. The and freedom of religion. Our citizens share a tury, where freedom and democracy are the fervent faith in these core values. It is also strongest foundations for peace and pros- Klein Branch began and continues to reach perity; out to many people, including the youth, sen- why India and the United States see eye-to- Whereas in keeping with this vision India ior citizens, New Americans, and also those eye on so many regional concerns. has given refuge to His Holiness the Dalai with special needs. China’s hegemony, the spread of Islamic Lama, Burmese refugees fleeing repression Currently, the Klein Branch of the Jewish terrorism spilling out of Afghanistan and Paki- in Burma, and is a refuge for people in the Community Centers of Greater Philadelphia stan, the narco-dictatorship in Burma, China’s region struggling for their basic human offers a wide array of activities and programs. illegal occupation of Tibet, are serious con- rights; They consist of: preschool and kindergarten, cerns to both of our nations. Whereas the United States and India are During this past summer, the world was hor- partners in peace with common interests in summer camp, adult education, exercise and and complementary responsibility for ensur- fitness classes, senior adult programs and ror stricken when Islamic terrorists gunned down some 101 Hindu pilgrims in Kashmir. ing international security and regional peace clubs, after school programs, single parents and stability; groups, teen programs, and numerous The massacre came only two weeks after the Whereas the United States and India are planned trips for all of its members. The Klein largest militant Kashmiri group, Hezb-ul allies in the cause of democracy, sharing our Branch facilitates programs that encompass Mujahadeen, called for a cease fire. The experience in nurturing and strengthening many different age groups and specifications, killings were apparently done to sabotage any democratic institutions throughout the as to meet the varying needs of all people. attempt to peacefully broker a settlement to world and fighting the challenge to demo- cratic order from forces such as terrorism; At the Klein Branch, ‘‘family’’ is always a the Kashmir crises. All of us are outraged by the brutal barbaric killings of innocent civilians. Whereas the growing partnership between principal priority. The center offers events that the United States and India is reinforced by the entire family can partake in such as movie Such malicious extraordinary violence rein- forces my conviction that India and the United the ties of scholarship, commerce, and in- night, bingo night, dances, theater programs, creasingly of kinship among our people; States must develop a much closer military and community service days. These programs Whereas the industry, enterprise, and cul- and intelligence relationship. A special rela- provide means for family members to interact tural contributions of Americans of Indian tionship is needed so that we can share our with one another, and strengthen the ties be- heritage have enriched and enlivened the so- knowledge and skills in order to successfully cieties of both the United States and India; tween them. confront our mutual enemies who wish to de- and The Klein Branch has also labored to edu- stroy the basic principles of our societies. Whereas the bonds of friendship between cate its members on Jewish holidays, culture Regrettably, the State Department creates the United States and India can be deepened and traditions. The center presents holiday confusion among our friends and allies in Asia and strengthened through cooperative pro- meals and educational events such as Book by promoting a ‘‘strategic partnership’’ with grams in areas such as education, science Festivals and film series. It has also created and technology, information technology, fi- China and by ignoring the fact that Beijing, in nance and investment, trade, agriculture, en- specific centers for meeting the needs of the violation of the Nuclear Non-Proliferation Trea- Jewish community, such as the Stern Hebrew ergy, the fight against poverty, improving ty, transfers and sells nuclear and ballistic the environment, infrastructure develop- High School, Jewish Family and Children weapons technology to Pakistan, a militaristic ment, and the eradication of human suf- Services, and Jewish Employment and Voca- nation that spreads terrorism throughout South fering, disease, and poverty: Now, therefore, tional Services. Asia by supporting the Taliban and other re- be it Mr. Speaker, the Raymond and Miriam Klein pressive forces. China has also sold billions of Resolved, That it is the sense of the House Branch should be commended for its tireless dollars of arms to the narco dictatorship in of Representatives that— pursuit to support and pull together the Phila- (1) the United States and the Republic of Burma that borders on India. India should continue to expand and delphia community. The Klein Branch’s devo- We need to lift the remaining sanctions that tion to enriching the lives of all people who strengthen bilateral security, economic, and were imposed on India for testing nuclear political ties for the mutual benefit of both enter their facilities should be recognized, as weapons. As long as the State Department countries, and for the maintenance of peace, its members achieve 25 fulfilling years of com- permits China to go unchecked and it con- stability, and prosperity in South Asia; munity service. I congratulate and offer my tinues to stoke the fires in South Asia, India (2) the United States should consider re- best wishes for continued education in the will need to be able to defend itself. moving existing unilateral legislative and coming years. The Prime Minister’s address to Congress administrative measures imposed against India, which prevent the normalization of f this week will afford all of our Members of the United States-India bilateral economic and U.S.-INDIA RELATIONS House and Senate the opportunity to hear trade relations; about issues of importance in the U.S.-India (3) established institutional and collabo- bilateral relationship, including trade, energy, rative mechanisms between the United HON. BENJAMIN A. GILMAN investment, science, information technology, States and India should be maintained and OF NEW YORK as well as cooperative efforts to combat ter- enhanced to further a robust partnership be- IN THE HOUSE OF REPRESENTATIVES rorism and to achieve regional peace and se- tween the two countries; curity in South Asia—a region of prime impor- (4) it is vitally important that the United Tuesday, September 12, 2000 State and India continue to share informa- tance to our national interests. Mr. GILMAN. Mr. Speaker, today I am intro- tion and intensify their cooperation in com- As the current Indian government works to bating terrorism; and ducing H. Res. 572, a resolution expressing ensure that India remains secure, we should the sense of the House of Representatives (5) the upcoming visit of the Prime Min- be marching shoulder-to-shoulder with her ister of India, Atal Bihari Vajpayee, to the that it is in the interest of both the United during this new century. United States is a significant step toward States and India to expand and strengthen I look forward to meeting with the Prime broadening and deepening the friendship and U.S.-India relations, intensify bilateral coopera- Minister and working closely with him and his cooperation between United States and tion in the fight against terrorism, and broaden government on initiatives that bring peace and India. the on-going dialogue between the United prosperity to India and Asia, and even strong- f States and India, of which the upcoming visit er bonds of friendship between our two na- to the United States of the Prime Minister of tions. WHAT’S SO GREAT ABOUT India, Atal Bihari Vajpayee, is a significant I submit the full text of H. Res. 572 for the CANADA’S MEDICAL SYSTEM? step. RECORD and I urge my colleagues to support This coming Thursday, Indian Prime Min- the resolution. HON. PHILIP M. CRANE ister Atal Vajpayee will address a joint session H. RES. 572 OF ILLINOIS of Congress. His historic visit comes at a pre- Whereas the United States and the Repub- IN THE HOUSE OF REPRESENTATIVES cious moment in U.S.-Indian relations. The lic of India are two of the world’s largest de- Tuesday, September 12, 2000 world’s two largest and most vibrant democ- mocracies that together represent one-fifth racies are in the process of creating a relation- of the world’s population and more than one- Mr. CRANE. Mr. Speaker, Dr. Bill McArthur ship that truly reflects our mutual interests. fourth of the world’s economy; is a practicing physician, research scientist

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17986 EXTENSIONS OF REMARKS September 13, 2000 and writer in Vancouver, B.C. In a recent than Canadians. These costs have to be appropriations for the United States Holo- issue of the Las Vegas Review-Journal, he added to the price of drugs and artificially caust Memorial Museum, and for other pur- criticizes some U.S. politicians for promising jack up the cost to consumers. poses: they can offer Americans much cheaper drugs I’ll bet the folks clambering on the buses Mrs. LOWEY. Mr. Chairman, I rise in strong to Canada haven’t been told they have very simply by copying the Canadian pharma- support of H.R. 4415. little hope of collecting anything if they suf- The United States Holocaust Memorial Mu- ceutical system. For one thing, he argues, the fer serious complications from drugs pre- reason some drugs are 23 percent cheaper in scribed and purchased in Canada. seum stands in our nation’s capital in solemn Canada is that individual incomes there are 24 The bulk of the world’s new drugs are de- testimony to the terrible power of senseless percent lower than in the United States, and veloped in the United States. Canada and hatred and the ultimate triumph of faith and therefore manufacturers there are able to many other countries do not do their share the human spirit. It guards the memory of the make and sell drugs at a lower price. of pharmaceutical R&D. So if all the really six million Jews and millions more who fell vic- The doctor stresses, however, that up to 50 cheap drugs for Americans are bought from tim to Nazi Germany’s genocidal persecution percent of any Canada-United States price-dif- Third World countries, who will do the R&D? during World War Il. And it stands as a symbol The drug companies will be fine because for those who survived this tragedy, assuring ferential is due to the cost of legal liability in they will have switched to making largely the United States. Americans, he says, ‘‘sue unregulated veterinary drugs or more likely, them that we are committed to keeping their more often, win their cases more often, and nonpharmaceutical products. stories alive. get much larger settlements than Cana- But who is going to do the R&D to develop An investment in the Holocaust Memorial dians’’—and those extra costs must be added the cures for diabetes, osteoporosis, coronary Museum is an investment that strengthens the to the price of United States drugs. In addition, artery disease, Alzheimer’s, Parkinson’s and very fabric of our society. The nearly 15 mil- he argues, much of the cost-differential is the all the other diseases that affect the elderly? lion people who have visited the museum result of the expensive continuous research No one—that’s who! And with those over 65 since its establishment have seen the pictures doubling to 25 percent of the population by and development effort in U.S. companies, of murdered families, loyal and productive 2025, what lies ahead for those now under 40, members of society, who were sent to their where most of the world’s new drugs and new when they reach their golden years—ill cures are created. health and poverty—that’s what. deaths for the crime of being Jewish. They In contrast to the significant progress of I am a practicing physician in the pharma- have seen the gaunt bodies of survivors, liber- American medical technology, Dr. McArthur ceutical nirvana lauded by some U.S. politi- ated by allied troops from the death camps, observes that Canada ranks ‘‘right in there cians. Every day I see my patients suffering facing the reality of families destroyed and with Poland, Mexico, and Turkey near the bot- in the collapsing health-care system that we lives shattered. They have seen the examples tom of the 29 OECD countries.’’ He concludes have in Canada. In terms of medical tech- of the righteous, like Raoul Wallenberg, who that any suggestion by politicians that pharma- nology we rank right in there with Poland, risked their lives to defy Nazi hatred and save Mexico and Turkey near the bottom of the 29 their Jewish brethren. Because of this mu- ceuticals are much cheaper in Canada ‘‘is just OECD countries. plain wrong.’’ Patients wait months for a simple CT scan seum, 15 million people know the price society Mr. Speaker, I submit Dr. McArthur’s article, or an MRI. Recently I had to tell a lady she pays when contempt triumphs over compas- ‘‘What’s So Great about Canada’s Medical had cancer and also that she had to wait 10 sion, when people blinded by hatred are al- System?’’ as printed in the Las Vegas Review- weeks for the appointment to be assessed for lowed to reign free. Journal on September 1, 2000, in the CON- treatment. In light of the events of the past decade, of GRESSIONAL RECORD to enable all Americans In Ontario in one year, 121 people were per- the strife we have seen in Bosnia, Rwanda, to compare the real status of medical costs manently removed from the coronary artery Kosovo, and other places, it it more important bypass graft list because they had waited so and services between our two countries. than ever that we offer our full and unwavering long, they were now too ill to withstand the support to the educational and cultural mission [Las Vegas Review-Journal, Sept. 1, 2000] surgery. of the Holocaust Memorial Museum. It is a WHAT’S SO GREAT ABOUT CANADA’S MEDICAL One hundred twenty-one, souls condemned SYSTEM? to a slow, unpleasant and very expensive powerful rebuke to those who would divide us, PATIENTS PAY MORE FOR DRUGS; MANY COME TO death because of the lack of timely care. both at home and abroad. It is a clear state- U.S. FOR TREATMENT Every day I see patients suffering because ment, a tangible symbol, of our active, cease- (By Bill McArthur) government regulations prevent me from less resistance to the darker impulses of hu- prescribing frontline drugs, or because our VANCOUVER, B.C.—Some politicians are manity. It is a manifestation of our commit- system of price controls and delays in ap- promising they can deliver cheap drugs for ment to end hatred and bigotry in all their proval mean that they are not available at Americans by copying the Canadian system. forms, to liberate those who face misfortunate any cost. Beware—the silly season lasts until Nov. 7. and oppression, and to cherish the differences The claim that pharmaceuticals are hugely Just three years ago, I personally needed to drive periodically to Washington state to among the world’s inhabitants. The museum is cheaper in Canada is just plain wrong. Many at once a monument to the past and a chal- drugs are much more expensive in Canada get medication that was not available in and generic prices are consistently higher. Canada. This is the system that some politi- lenge for the future. The Organization for Economic Cooperation cians say they would impose on the United As a first step toward meeting this chal- and Development reports that prices for States. lenge, I urge my colleagues to support this bill. Provision of pharmaceuticals for the elder- brand name drugs are overall 23 percent f lower in Canada. However, individual in- ly, the poor and the chronically ill is an im- comes of Canadians are 24 percent lower and portant objective in all civilized societies, INTRODUCTION OF HOUSE JOINT the standard of living is lower. but Canada does not provide an example to RESOLUTION REGARDING QUAL- That is what happens when an economy is emulate. ITY OF CARE IN ASSISTED LIV- badly managed—wages and standard of living Americans deserve something far better ING FACILITIES decline and manufacturers are able to make than Canada’s ramshackle health-care sys- and sell drugs and other products at a lower tem. Come to think of it, so do Canadians. HON. FORTNEY PETE STARK price. f The politicians promoting Canadian drug OF CALIFORNIA pricing should quit loading the buses bound UNITED STATES HOLOCAUST IN THE HOUSE OF REPRESENTATIVES for Canada and consider loading up 747’s MEMORIAL MUSEUM Tuesday, September 12, 2000 heading to Southeast Asia. Drugs and other Mr. STARK. Mr. Speaker, I join today with products are really cheap there. However, SPEECH OF per capita income, standard of living and my colleague Representative COYNE to intro- prices are inseparable and I doubt Americans HON. NITA M. LOWEY duce a House Joint Resolution relating to the want a Southeast Asian standard of living. OF NEW YORK quality of care in assisted living facilities. Dr. Richard Manning, when at Brigham IN THE HOUSE OF REPRESENTATIVES As long-term care has emerged as a vital Young University in 1997, demonstrated that issue for the health and well-being of our na- up to 50 percent of any Canada-U.S. price dif- Thursday, September 7, 2000 ferential was due to the cost of legal liability tion’s elderly, assisted living is emerging as a in the United States. The House in Committee of the Whole popular model. More and more consumers are Americans sue more often, win their cases House on the State of the Union had under drawn to the ideals of privacy and independ- more often and get much larger settlements consideration the bill (H.R. 4115) to authorize ence that are promoted by the assisted living

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17987 industry. States have followed the trend by in- long-term care setting that has been around independence, including the ability to lock creasingly providing public funding via Medic- for centuries—another example of ‘‘old wine doors and use a separate bathroom; an em- aid’s Home & Community-Based Services in new bottles.’’ Homes for the aged, fre- phasis on apartment settings in which resi- quently associated with nonprofit fraternal dents may choose to share living space; and waiver for assisted living services. and religious organizations, proliferated in the direct provision of, or arrangement for, Despite assisted living’s popularity; how- the nineteenth and early twentieth centuries personal care and some nursing services, de- ever, there remain many questions regarding to supply room and board for poor, infirm el- pending on degrees of disability. the direction of this industry. Assisted living fa- derly people. Over the past three decades, As noted in an earlier section on care set- cilities are defined and arranged in a variety of sporadic attention has focused on scandalous tings, Hawes et al. (1999) recently completed ways. Some view assisted living as housing mistreatment of residents in board and care the first national survey of assisted living, residences while others view them as medical homes, a version of homes for the aged that using a national probability sample of facili- also became a refuge for the people with ties that met several criteria. These include service providers. Many facilities often do not having 11 or more beds, primarily serving an allow ‘‘aging in place’’ despite pictures painted chronic mental illness in response to the de- institutionalization frenzy of the 1960s. elderly population; and providing 24-hour by their marketing brochures. States have re- In the 1980s the term ‘‘residential care fa- staff oversight, housekeeping, at least two sponded with varying definitions, regulations, cility’’ became fashionable as a catch-all meals a day, and personal assistance with and oversight, resulting in unequal consumer label for places providing room, board, and two or more activities of daily living (ADLs). protections throughout the country. some level of protective oversight. Hawes et According to preliminary findings from a Quality of care in assisted living facilities al. (1993) have estimated that about a half telephone survey, most facilities offer con- sumers a range of privacy options. Single has been an issue of concern. A GAO study million people live in residential care facili- ties or board and care homes in the United rooms were the most common residential found that 25 percent of surveyed facilities unit (52 percent); the rest of the units were were cited for five or more quality of care or States. Perhaps twice that number are living in unlicensed facilities (November et al., apartments. The most common type of single consumer protection violations during 1996 1997). room was a private room with a full bath- and 1997, and 11 percent were cited for 10 or It is somewhat ironic that homes for the room; the most common apartment was a more problems. I understand that steps have aged, board and care homes, and other types one-bedroom for single occupancy. While most facilities reported a general been taken to address these concerns, but of residential care were replaced in the late willingness to serve residents with moderate 1960s and 1970s by nursing homes modeled news reports of lawsuits filed on behalf of as- physical limitations, fewer than half were after hospitals. ‘‘Nursing homes’’ have deliv- sisted living residents continue to illustrate the willing to admit or retain residents who ered far less nursing care than the name sug- impact of poor quality on the health of elderly needed assistance with transfers from a bed gests. Today residential care is again in fash- residents. or chair. Furthermore, fewer than half of ion. It is viewed as a desirable alternative to Just a few weeks ago in my district, an el- participating facilities would admit (47 per- nursing homes because of its ostensibly less cent) or retain (45 percent) residents with derly woman passed away in an assisted liv- institutional character and its emphasis on a ing facility due to hemorrhaging from her dialy- moderate to severe cognitive impairment; social, rather than a medical, model. A num- only 28 percent would admit or retain resi- sis shunt. Two times, she pressed her call ber of states, including Oregon, Washington, dents with behavioral symptoms such as pendant for help, but both of these calls were Florida, and Colorado, have aggressively wandering. cleared and reset 10 minutes later. The facility tried to use residential care as a less costly In assessing the extent to which these fa- did not place a 911 call for assistance until 1 substitute for institutions. One recent study cilities’ characteristics match the philos- hour and 34 minutes later. There was no estimates that anywhere between 15 and 70 ophy of assisted living, Hawes et al., (1999) percent of the nursing home population, na- concluded that only 11 percent offered high nurse on duty, and all four resident aides in tionwide, could live in residential care in- the facility at the time have denied responding privacy and high service. Another 18 percent stead (Spector et al., 1996). Kane (1997) has provided high privacy but low service. to the calls or clearing/resetting the call sys- questioned the judgment of hospital dis- Twelve percent offered low privacy but high tem. This situation is still under investigation, charge planners who refer elders with dis- service. The researchers noted that residents but it highlights the seriousness of inadequate abilities to nursing homes, rather than alter- of these assisted living facilities had consid- quality of care in these facilities. native arrangements, because 24-hour care is erably more privacy and choice than resi- A new Milbank Memorial Fund publication supposedly available. She notes that remark- dents in most nursing homes and in the entitled, ‘‘Long-Term Care for the Elderly with ably little nursing care is provided in nurs- board and care homes they had investigated ing homes. For example, a survey of nursing in a previous study. Nevertheless, facilities Disabilities: Current Policy, Emerging Trends, home residents in six states found that 39 and Implications for the Twenty-First Century,’’ varied widely. A substantial segment of the percent of the residents received no care industry provided environments that did not by Robyn I. Stone is an excellent review of from a registered nurse in 24 hours; residents reflect the philosophy of assisted living. Fur- issues facing assisted living. As the article in- who did receive such care received an aver- thermore, the many facilities whose admis- dicates there are many questions concerning age of only 7.9 minutes; care by a nursing as- sion or retention policies excluded people the current and future state of the assisted liv- sistant averaged 76.9 minutes daily with the cognitive impairments or severe ing movement. Because of these questions, I (Friedlob, 1993). Despite these arguments, physical disabilities suggests that assisted am proposing a White House Conference to empirical research has been equivocal on the living is not an environment where those issue of the ‘‘substitutability’’ and cost sav- help advance our knowledge and awareness who experience significant functional decline ings of residential care compared to nursing can ‘‘age in place.’’ of these issues, and if appropriate, rec- home placement (Kane et al., 1991; Newcomer While assisted living does warrant serious ommend public policy steps that are nec- et al., 1995b; Sherwood and Morris, 1983). In consideration by policymakers, providers, essary to ensure the optimal development of fact, residential care is more likely to be a and consumers, a number of impediments to this industry. substitute for living in one’s own home than its development need attention. Today, the Mr. Speaker, I urge my colleagues to join in a nursing home. assisted living market is primarily composed me in increasing our understanding of the as- What appears to distinguish assisted living of the well-off elderly, with little available sisted living industry. By focusing on con- from residential care in general and from the to moderate- or low-income consumers, as somewhat pejorative ‘‘board and care’’ is a sumer protections and quality of care, we will the recent study by Hawes et al. (1999) con- matter of philosophy and emphasis on care, firms. This gap is due, in part, to the limited work to ensure the health and well-being for not just housing (Kane, 1997). Some have also sources and inadequate amounts of public fi- our country’s elderly. suggested that assisted living is the rich per- nancing (primarily SSI and SSP), which I submit an excerpt from the Robyn Stone son’s residential care while board and care is could help subsidize room, board, and care paper along with a May 8, 1999 New York for poor people who rely on federal Supple- for financially strapped individuals and their Times editorial calling attention to problems in mental Security Income (SSI) and state sup- families. The most common monthly rate for this sector: plements (SSP) to cover the costs. A recent facilities offering either high service or high survey of assisted living regulations in 50 privacy was approximately $1,800 in 1998. ASSISTED LIVING states indicates that four states—Alabama, Other impediments to assisted living in- Another trend that is attracting attention Rhode Island, South Dakota, and Wyoming— clude concerns, expressed by state policy- from policymakers, private developers, and use the terms ‘‘assisted living’’ and ‘‘board makers and potential private providers, consumers is assisted living. One significant and care’’ interchangeably (Mollica and about balancing consumer choice and pri- problem with this trend is the lack of a con- Snow, 1996). For the other states, key char- vacy on one hand with health, safety, and li- sistent definition used by providers, regu- acteristics differentiating assisted living ability considerations on the other. One lators, and policymakers. Some argue that from other types of residential care are: an major issue reflecting this concern is the de- ‘‘assisted living’’ is just a ’90s label for a explicit focus on privacy, autonomy, and gree to which states are willing to moderate

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 17988 EXTENSIONS OF REMARKS September 13, 2000 their nurse practice acts to allow the delega- Because the phenomenon has grown up him. It is with this that I pay tribute to the life tion of certain tasks, such as administering around existing rules, many kinds of places of this accomplished and wonderful man. medication, caring for wounds, and changing can advertise ‘‘assisted living.’’ A Govern- catheters (Kane, 1997). A number of states, ment Accounting Office survey, performed at f such as Oregon, Kansas, Texas, Minnesota, the request of the U.S. Senate Special Com- REPEAL OF THE FEDERAL CHAR- and New York, have included nurse delega- mittee on Aging, found that about half the TER OF THE BOY SCOUTS OF tion provisions, but the latitude and inter- residents sign up without being sure what AMERICA pretations of the provisions vary tremen- services the facilities provide, how much dously. Not surprisingly, they have met seri- they cost or what medical care the residents ous resistance by many nurses’ organiza- can count on. A quarter of the places sur- HON. BENJAMIN L. CARDIN tions, for whom professional turf is as sig- veyed were cited for five or more problems OF MARYLAND nificant as care issues. involving quality of care or resident protec- IN THE HOUSE OF REPRESENTATIVES The motives of the assisted living industry tion within two years. have also been questioned. The industry in- When Albert Fleischmann, 85, a St. Peters- Wednesday, September 13, 2000 cludes more real estate developers and hotel burg Yacht Club member and retired owner Mr. CARDIN. Mr. Speaker, the House of managers than care providers. Furthermore, of a hardware chain, moved into an assisted as nursing homes look for new markets and living facility in Pinellas County, Florida, in Representatives recently voted on H.R. 4892, reimbursement strategies that circumvent 1997, his daughter was reassured. Patricia a bill to repeal the federal charter of the Boy government regulation, many skilled nurs- Fleischmann Johnson heads a charity that Scouts of America. I voted against the bill, and ing facilities may simply lay carpet, install serves as guardian for 134 people in such would like to take this opportunity to explain door locks, and hang out the ‘‘assisted liv- places. But when Mr. Fleischmann suffered a my reasons. ing’’ shingle. Finally, there are questions heart attack at his table in the dining room My vote against this legislation should not in about the amount of assistance that these this year, he was ignored. He called his facilities actually provide. According to the any way be interpreted as a weakeming in my daughter. She took him to the hospital. She support for banning discrimination on the basis study by Hawes et al., 65 percent of the par- then called back to ask the facility how he ticipating facilities supplied ‘‘low service’’; was, and was told—as if he were there—that of sexual orientation. I deplore discrimination that is, they did not have an RN on staff or he was ‘‘fine.’’ Because Mr. Fleischmann on the basis of sexual orientation. I will con- did not provide nursing care, although they likes the place, he is still there. But his tinue to work to meaningfully expand our na- did provide 24-hour staff oversight, house- daughter, who testified before the Senate tion’s civil rights protections for gays and les- keeping, two meals, and personal assistance. committee, is more concerned now, and she bians. Another 5 percent, categorized as ‘‘minimal is not alone. At the same time, I share the concerns service,’’ supplied no personal assistance There are no pending bills in Congress, but raised by others about the policy of discrimina- with ADLs. Given that many facilities do 32 states are expected to consider legislation not admit or retain people with severe phys- this year to increase regulation of the as- tion that gave rise to the Supreme Court case ical disabilities or cognitive impairment, the sisted living industry. They should do so. in Boy Scouts of America versus Dale. Cer- level of care is additional cause for concern. With so many frail lives and so much money tainly we all recognize the high regard the Boy [From the New York Times, May 8, 1999] involved, this issue is not going away. Scouts of America are held in by millions of THE NEED FOR CARE AS WELL AS PROFIT Americans. The organization has played a f Among other things, the 1990’s will be re- positive role in the lives of millions of young membered as the decade when developers and HONORING DR. SAM CALLAWAY Americans. older, affluent, anxious Americans discov- In June, a sharply divided Supreme Court ered each other with enthusiasm, with re- held that applying New Jersey’s public accom- sults both encouraging and worrisome. The HON. SCOTT McINNIS OF COLORADO modations law to require the Boy Scouts to concept that both they and Wall Street have admit a homosexual member violates the Boy embraced is called assisted living. There is IN THE HOUSE OF REPRESENTATIVES Scouts’ First Amendment right of expressive no common definition of it. Each of the 50 Wednesday, September 13, 2000 states regulates it differently, and the Fed- association. As a practical matter, therefore, eral Government not at all. But to older re- Mr. MCINNIS. Mr. Speaker, it is with deep- the Boy Scouts will be permitted to exclude tirees who can pay to live in the new and re- est sympathy that I wish to recognize the life citizens from participating in their organization conditioned spaces sprouting across the and exceptional contributions of Dr. Sam solely on the basis of their sexual orientation. country, the assisted living communities Callaway. Sam Callaway passed away on July I regret the Supreme Court’s decision. offer something irresistible. It is the promise 12, 2000 at the age of 86. Dr. Callaway Unfortunately, a Congressional review of the of Pleasantville, where they can live out served the community of Durango, Colorado federal charter given to the Boy Scouts, and their lives gracefully, with hotel services, as- sistance when they need it, and the chance for forty-two years, beginning his practice in the process the Republican leadership has to hold off or avoid what many of the aged 1946 and retiring in 1998. Dr. Callaway cared employed in bringing this bill to the House most fear—the nursing home. for his patients, giving both time and compas- floor, is not the appropriate venue to address For developers, some with no experience in sion to each person he treated. His dedication this issue. I am disappointed that the Judiciary caring for the aged, the attraction is clear. was evident in his manner, his attitude of in- Committee did not fulfill its responsibility to The number of old people of financial means terest and in his practice of going to patients hold hearings on this legislation. I strongly be- is growing. Some 6.5 million now need some in need, day or night. Known for his bedside lieve that the Republican leadership has not help with the chores of daily living. That fig- ure is expected to double by 2020. Ten years manner, Sam Callaway was a model of kind- properly reviewed the underlying legal and ago there was not even an industry trade ness and gentility. Dr. Callaway was not only constitutional issues at stake in this bill, and I group. Today the Assisted Living Federation appreciated and respected by his patients, but regret that the bill has been brought up under of American estimates there is a kaleido- also by his colleagues. He was often re- the suspension of the rules. Under this proce- scopic collection of about 30,000 such facili- quested to assist in surgeries. Dr. Callaway dure, members have no opportunity to ask ties in the United States, with a million old was active in the community as well, serving questions or offer amendments. Rather than people living in them, almost all of whom as a member of the Durango Elks Lodge and considering legislation to revoke the federal pay their own way. Some facilities fall into state licensing Masonic Lodge. He served our country in the charter of the Boy Scouts—which in and of categories and some do not. Their average Navy during World War II as part of the med- itself will do nothing to protect our society from national monthly rate per person is $1,500 ical corps in the South Pacific. Mr. Speaker, discrimination—this Congress should be con- but elegant two-bedroom units on Long Is- Dr. Callaway was a selfless man, giving end- sidering substantive legislation to strengthen land may rent for $5,000 or more. The Na- lessly to ensure the well-being of others. His anti-discrimination laws based on one’s sexual tional Investment Conference, a group that service to this great nation, as well as his 42 preference. specializes in the senior housing market, years of medical service and countless years I also believe that Congress should conduct found in a survey of 73 assisted living devel- of kindness to the citizens of the Durango a comprehensive review of its system of grant- opments released this year that the median profit margin was 29 percent. For a quarter community, are honorable and worthy of rec- ing charters to private organizations. As you of the properties, it was more than 35 per- ognition. I am confident that in spite of this know, Congress has chartered roughly 90 cent. Those numbers warm Wall Street, but great loss, the family and friends of Dr. Sam nonprofit corporations over the years, includ- do not guarantee that the communities de- Callaway can take comfort in the knowledge ing many well-known patriotic, charitable, his- liver high-quality services. that each is a better person for having known torical, or educational purpose organizations. I

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17989 share the concems of my colleagues that the Kent is one of a long list of great Ohio State As Joe celebrates leaving Adams State Col- public may misinterpret the granting of a fed- divers. His accomplishments at Ohio State lege and Alamosa, Mr. Speaker, I wanted to eral charter as a sign of Congressional or gov- were many. He was a four time NCAA All- take this opportunity to say thank you and ernmental approval of an organization. In American and a four time Ohio State Scholar congratulations on behalf of the United States 1989, the House Judiciary Committee decided Athlete. While a senior in high school he won Congress. In every sense, Joe is a great to place a moratorium on federal charters. I gold medals in 1 meter diving and in 10 meter coach who deserves praise and admiration believe the Committee should examine wheth- platform diving at the national age group from all of us. I wish him the best of luck as er Congress should allow existing federal championships, and was coached at various he continues to pursue his coaching career in charters to lapse, so that Congress is no times by Ohio State Hall of Famers Ron Green Valley, Arizona. Joe is one of the na- longer in the business of seeming to endorse O’Brien, Vince Panzano and Hobie Billingsley. tion’s best and someone we can all be proud private organizations. He later won four National AAU diving cham- of. Let me reiterate that I believe discrimination pionships, was a member of the 1975 Pan My thanks to him for a job well done. on the basis of sexual orientation is unaccept- American Games American team, and the f able. I will continue to support H.R. 1082, to 1976 Olympic team. HONORING ART FURUYA expand federal criminal law protection to ex- Kent was born December 6, 1955 in Day- tend to sexual orientation, and I will continue ton, Ohio but he now considers Eaton, Ohio, to work for the enactment of the Employment in the heart of Ohio’s 8th Congressional Dis- HON. JOHN SHIMKUS Non-Discrimination Act (ENDA). I believe that trict his home. He is the only Olympian to ever OF ILLINOIS the Congress must take concrete steps to re- hail from Preble County, Ohio. All of Ohio is IN THE HOUSE OF REPRESENTATIVES vise government policies that would bring proud of Kent and I congratulate him on his Wednesday, September 13, 2000 many accomplishments. about a more inclusive American family, which Mr. SHIMKUS. Mr. Speaker, I rise today to embraces all of our citizens as individuals wor- f honor Mr. Art Furuya, formerly of Nashville, Il- thy of equal protection of the law. HONORING DR. JOE VIGIL linois. While he may no longer reside in my f district, there is a valuable lesson we can PERSONAL EXPLANATION HON. SCOTT McINNIS learn from his story. OF COLORADO When most 17 year olds think of cars, IN THE HOUSE OF REPRESENTATIVES proms and graduation, Art’s thoughts turned to HON. MAJOR R. OWENS defending his country. You see, December 7, Wednesday, September 13, 2000 OF NEW YORK 1941, the day Pearl Harbor was attacked, was IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, it is a privilege Art’s birthday. The following Monday, Art, who and an honor to have this opportunity to pay Wednesday, September 13, 2000 is of Japanese descent, went to enlist in the tribute to one of Alamosa’s most well-loved war effort. He tried to enlist in the Army, Navy Mr. OWENS. Mr. Speaker, on Tuesday, and admired coaches, Dr. Joe Vigil, as he pre- and Marines, but none would take him be- September 12, 2000, I was unavoidably ab- pares to leave Adams State College after a cause of his Japanese heritage. sent on a matter of critical importance and decorated and distinguished 29-year career. He and his family were separated and were missed the following votes: Joe has been the embodiment of service and victims of the internment camps. Surprisingly, On H.R. 2090 (rollcall No. 460), Exploration success during his time at Adams State and after suffering that great injustice, the one of the Seas Act, introduced by the gentleman clearly deserves the praise and recognition of thing that never left his heart was his love of from Pennsylvania, Mr. GREENWOOD, I would this body as he, his runners and the town of America. have voted ‘‘yea.’’ Alamosa, Colorado celebrate his ground- After leaving the camp, he was finally al- On H.R. 4957 (rollcall No. 461), to amend breaking career. lowed to enter the Army in 1943 as part of the the Omnibus Parks and Public Lands Manage- If ever there were a person who embodied heavy weapons battalion of the 442nd Regi- ment Act to extend the legislative authority for the spirit and values that motivate others to mental Combat Team along with many Japa- the Black Patriots Foundation, introduced by achieve success, it is Joe. He has distin- nese Americans. The fact that he had little the gentleman from New York, Mr. RANGEL, I guished himself through his exceptional lead- training and did not know how to put up a tent would have voted ‘‘yea.’’ ership and service that have placed him made little difference to Art. He was eager to On H.R. 3632, (rollcall No. 462), the Golden amongst the elite running coaches in the serve and fight for the land he loved. Gate National Recreation Area Boundary Ad- country. He was voted No. 3 on the list of The 442nd may be best known for their ‘‘Go justment Act, introduced by the gentleman Colorado’s top collegiate coaches in the past For Broke’’ mantra when they were rescuing from California, Mr. LANTOS, I would have 100 years and received the honor of NCAA about 200 fellow soldiers of the 141st Regi- voted ‘‘yea.’’ and NAIA Coach Of The Year 14 times. He ment of the 36th Division. Eight hundred men On H.R. 4583, (rollcall No. 463), authoriza- has also served the United States as an inter- died in that rescue effort. His company started tion extension for the Air Force Memorial national coach on 17 different occasions, in- with 150 men and ended up with 16 after that Foundation, introduced by the gentleman from cluding several Olympic Games. Most notably, fateful battle. Art won 2 Purple Hearts for his Utah, Mr. HANSEN, I would have voted ‘‘yea’’. Joe coached his teams to 18 national cham- service. On S. 1374 (rollcall No. 464), the Jackson pionships, accounting for more than 350 All- The 100th Infantry Battalion and the 442nd Multi-Agency Campus Act, introduced by the Americans. Combat team, in which Art served, gained a gentleman from the other body, Mr. CRAIG of Mr. Speaker, Joe’s commitment to his com- total of 18,143 individual decorations, 9,486 Idaho, I would have voted ‘‘yea.’’ munity has been so great that it led the Purple Hearts, and 560 Silver Stars and 7 f Alamosa City Council to proclaim August 12, Presidential Unit Citations. Not a bad record 2000, Joe I. Vigil day. Their proclamation for a group of men that were originally un- HONORING DR. KENT VOSLER reads: wanted and deemed suspicious by others. ‘‘Whereas Dr. Joe I. Vigil has led Adams There has been much written about the HON. JOHN A. BOEHNER State College teams to athletic excellence ‘‘Greatest Generation’’—those World War II OF OHIO over the years, whereas he has successfully vets who set forth and saved the world. I don’t IN THE HOUSE OF REPRESENTATIVES coached numerous Olympic and champion know if we as a nation can adequately give athletes, whereas he is an inspiration for rec- thanks for their blood, sweat and sacrifice. In Wednesday, September 13, 2000 reational runners and a role model for all, many respects, Art and his comrades sym- Mr. BOEHNER. Mr. Speaker, I rise today in whereas he represents Alamosa nationally bolize the unyielding human spirit—over- recognition of Dr. Kent Vosler. On September and internationally as an athletic ambassador, coming any obstacle, no matter how difficult, 16, 2000 Dr. Vosler will be admitted into the now therefore, I, Charles J. Griego, Mayor Pro without the expressed purpose of gaining Ohio State University Athletic Hall of Fame. In Tem of Alamosa, Colorado, by virtue of the fame or glory. They were just doing their duty. addition to his contribution to the Buckeye Div- authority vested in me, do hereby proclaim No more. No less. ing team, Kent was also on the 1976 Montreal August 12, 2000, as Dr. Joe I. Vigil Day in the To Art Furuya, his comrades in his battalion Olympic team. City of Alamosa, Colorado.’’ and to those that never made it home from

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17990 EXTENSIONS OF REMARKS September 13, 2000 this great war, you have earned this soldier’s friendly India is the key to furthering these HONORING FLOYD E. ESPINOZA respect. Thank you for all your service. U.S. interests. f Hence, India is a bulwark of regional sta- HON. SCOTT McINNIS bility and consequently a guardian of crucial SENSE OF HOUSE REGARDING OF COLORADO UNITED STATES-INDIA RELATIONS strategic and economic interests of the United States and the entire West. The national inter- IN THE HOUSE OF REPRESENTATIVES est of the United States is to have a strong, HON. JIM SAXTON democratic and prosperous India as an ally Wednesday, September 13, 2000 OF NEW JERSEY and a partner. India can stabilize the volatile Mr. McINNIS. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES yet crucial region—ensuring that the strategic take this moment to commend Costilla County Wednesday, September 13, 2000 and economic interests of the U.S.-led West Commissioner Floyd E. Espinoza on his con- are furthered and not infringed upon. More- Mr. SAXTON. Mr. Speaker, I welcome tributions to his community. The Honorable over, the rapid economic development growth Prime Minister Atal Behari Vajpayee of India— Mr. Espinoza has served Costilla County since of India makes it a most promising trade part- the Prime Minister of a key strategic ally of the 1994 and has fought hard to increase the tax ner with the United States. For example, In- United States and an important partner in the base in his area. December will conclude Mr. dia’s burgeoning software-developing industry struggle against international terrorism. Mr. Espinoza’s six-year service as County Com- is a major contributor to the U.S. computer in- Vajpayee’s government has achieved signifi- missioner. dustry. In the era of growing globalization, the cant economic development, modernization, Mr. Espinoza spent over three decades in U.S. can and should benefit from the Indian and consolidation of democracy in India. the Federal Government before moving to economic surge. However, to fully realize its These accomplishments are all the more im- elected office. These thirty some years were potential, India must be free of subversion and pressive when examined in the context of the spent in the Air Force and United States De- terrorism. terrorism India has to cope with on a daily partment of Interior. Mr. Espinoza’s contribu- basis. It is so easy for any government to Therefore, the terrorism waged against India tions and leadership to Costilla County have seize on such a threat in order to centralize harm the national security and economic inter- made it a better place for all of its citizens to power at the expense of personal freedoms. It ests of the United States. Ultimately, a strong, live. is so tempting to cite foreign security threats democratic, and economically viable India Mr. Espinoza has served his community in in order to legitimize a military coup. However, serves and furthers the U.S. national interest. outstanding fashion and I wish him the best in New Delhi has elected to fight terrorism and Hence the U.S. should stand side-by-side with his future endeavors. India and cooperate in its struggle against ter- develop India without infringing on the popu- Floyd, your community, State, and Nation rorism. The U.S. should help the democratic lation’s democratic rights and freedoms. And are proud of you and we’re grateful for your goverment in New Delhi to continue and main- this is a major, yet unheralded, triumph of both service. Mr. Vajpayee’s government and the people of tain the delicate balance between resolutely fighting terrorism and preserving democracy, India. f To comprehend India’s recent achievements civil rights and a rule of law for all. So far, the one must take a closer look at the terrorist record of Mr. Vajpayee’s Government has TRIBUTE TO DICK WALDEN threat posed to India. been both impressive and improving. The Despite undeniable achievements of the In- United States should applaud India for its re- dian security forces, the situation in Kashmir form efforts in the face of terrorism. HON. SAXBY CHAMBLISS continues to deteriorate. The forces used OF GEORGIA against India now include a combination of f IN THE HOUSE OF REPRESENTATIVES Kashmiri fighters and a growing number of for- eign operatives. TRIBUTE TO MR. ALBERT AUGUST Wednesday, September 13, 2000 The terrorist threat to India goes beyond the ‘‘GUS’’ KARLE disputed Kashmir. Only a couple of weeks Mr. CHAMBLISS. Mr. Speaker, today I am ago, Abu Abdul Aziz, one of the key Pakistani- proud to honor Mr. Dick Walden of Warner sponsored Islamist leaders publicly defined the HON. SAXBY CHAMBLISS Robins, GA. Mr. Walden is retiring from his ultimate objectives of the Kashmiri Jihad: ‘‘Our OF GEORGIA position as president of the Warner Robins Chamber of Commerce after devotedly serving destination is not Kashmir. Our aim is that all IN THE HOUSE OF REPRESENTATIVES of India be converted into a Muslim state.’’ the local business community for 16 years. There was not a word of recrimination or even Wednesday, September 13, 2000 Mr. Walden’s retirement will bring a close to disassociation from Islamabad. 30 years of accomplished service in Chamber Mr. CHAMBLISS. Mr. Speaker, today I am In examining India’s struggle against ter- of Commerce Management. He has served proud to honor Mr. Albert August ‘‘Gus’’ Karle. rorism, one must remember the unique geo- five chambers in Georgia and Florida, as well Mr. Karle, who has served the Waycross-Ware strategic importance of the Indian sub-con- as serving on the board of directors of both County community for forty-five years, has de- tinent. North-west India, including Kashmir, is the Georgia and Florida chamber of com- cided to step down from his position as presi- located at the edge of the Arc of Crisis. merce executive associations. Mr. Walden’s dent of the Waycross-Ware County Chamber Stretching from the Caucasus in west, through achievement has been appreciated by many of Commerce. Central Asia to northern India and the north- as the Georgia Chamber of Commerce Execu- western Chinese province of Xinjiang, the Arc Mr. Karle has been a dedicated member of tives Association named him Chamber Profes- of Crisis is emerging as the world’s next pri- the Waycross-Ware County community for sional of the Year in 1991. His accomplish- mary reserves of oil and gas—the Persian many years. He has worked in the private sec- ment is apparent through the growth and eco- Gulf of the 21st Century. The Arc of Crisis is tor for forty-one years, thirty-six years for the nomic progression that Warner Robins has ex- also the continental gateway to China and the railroad, before retiring and dedicating his time perienced under his leadership. The number Far East. Long term stability in the Arc of Cri- to the Waycross civic arena. Mr. Karle has un- of member businesses in Warner Robins has sis is therefore an indispensable interest of the selfishly assisted the YMCA, the Downtown more than grown from 310 to 1,336 under his United States. The long and deep coast-line of Waycross Development Authority, and the direction. the Indian subcontinent are crucial for the sta- Waycross-Ware County Chamber of Com- Warner Robins has benefited immensely bility and safety of the maritime commercial merce, where he served as President for five from the contributions of service and devotion traffic in the Indian Ocean—mainly between years before retiring in June of 2000. that Mr. Walden has made to the area. The Europe, the Persian Gulf and East Asia. The The Waycross-Ware county community and economic health experienced over the past safety of maritime commerce in the Indian myself are proud of Mr. Karle’s service and years is a reflection of Mr. Walden’s hard work Ocean, as well as the oil fields of the nearby dedication. His leadership and prior activity in and dedication. I appreciate all of his accom- South China Sea, are also indispensable inter- both the local civic and church affairs will be plishment and hope for his continued success ests of the United States and the West. A greatly missed but certainly not forgotten. in future endeavors.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17991 FSC REPEAL AND EXTRA-TERRI- Pomeranian dogs, leading them to safety DICK WARDROP JR. AND AK TORIAL INCOME EXCLUSION ACT through the garage. STEEL’S SUCCESS UNDER HIS OF 2000 Hearing the siren of fire trucks arrive, Mr. LEADERSHIP Carabajal quietly jumped back into postal vehi- SPEECH OF cle and resumed his normal mail deliveries. HON. JOHN A. BOEHNER Mr. Speaker, Mr. Raul Carabajal put his HON. DENNIS J. KUCINICH OF OHIO own life on the line to save the lives of an el- OF OHIO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES derly woman and her two pets. This valiant and noble act is the reason for his receiving Wednesday, September 13, 2000 Tuesday, September 12, 2000 the Regional Hero of the Year Award from the Mr. BOEHNER. Mr. Speaker, I submit these Mr. KUCINICH. Mr. Speaker, American tax- National Association of Letter Carriers. remarks in commemoration of The National payers will choke on the discovery that HR Mr. Speaker, it is appropriate at this time Safety Council’s announcement that AK Steel 4986 contains a big tobacco subsidy. In effect, that we recognize Mr. Raul Carabajal for his Chairman and CEO Dick Wardrop Jr. has this bill holds American taxpayers responsible bravery and commitment to the community. been selected as the inaugural recipient of its for coughing up $100 million per year, in lieu Congratulations to Mr. Carabajal for receiving Green Cross for Safety Medallion. The Na- of taxing the tobacco industry on income from this distinguished award. tional Safety Council is a non-government, cigarette sales in Africa, Asia and Latin Amer- non-profit international membership organiza- ica. f tion dedicated to promoting safety, health, and According to the World Health Organization, HONORING BEN BEALL environment quality in the nation’s workplaces. 10 million people will die annually by 2030 Their award is presented annually to the from smoking, 70 percent in developing coun- American corporate leader who has dem- tries. Why should American taxpayers sub- HON. SCOTT McINNIS onstrated a longstanding commitment to work- sidize the spread of tobacco-related diseases OF COLORADO place safety and corporate citizenship. NSC and cancer in the world’s poorest countries? IN THE HOUSE OF REPRESENTATIVES President and CEO Gerald Scannell recog- That’s what HR 4986 does. nized AK Steel as one of the nation’s leaders Supporters of the bill may argue that a Wednesday, September 13, 2000 in creating and maintaining a safety culture wider spectrum of business benefits from HR Mr. McINNIS. Mr. Speaker, I would like to throughout the company; as well as commu- 4986 than merely the tobacco industry, so why take this moment to commend the Honorable nicating its commitment to safety to its share- ‘‘throw the baby out with the bath water.’’ Ben Beall for his outstanding public service to holders and the public, and making safety a This is, however, a false choice. We could the State of Colorado. After nearly a decade core value within the AK Steel organization. have considered this bill under regular order, of service to his community, Ben is stepping Forbes Magazine, in its January 11, 1999 where members could have offered amend- down as Routt County Commissioner. He has issue, named Dick Wardrop to its ‘‘Platinum ments. It is only because the House leader- served his community admirably and I would List’’ for leadership in steering AK Steel to its ship brought this bill up under suspension of like to pay tribute at this time, to his career in position as the best-performing company in the rules, and as a consequence, no member public office. the metals industry. AK Steel has also been can offer an amendment, that we are faced During his distinguished tenure as a Com- named to the Fortune 500 list, Fortune Most with rejecting the whole bill because of the to- missioner, Ben strove to ensure that the agri- Admired Companies list, Industry Week’s 100 bacco subsidy. cultural needs of Colorado’s farmers were re- Best Managed Companies in the World list But I urge my colleagues to confront the sit- spected and preserved. Ben’s desire to help and the Cleveland Plain Dealer 100. Wardrop uation we have been given, and still insist on others has also led him to get involved with a joined AK Steel in 1992 and was instrumental what is right. Take a deep breath and reiect number of different community organizations. in turning the troubled firm, then known as this bill. Ben has served as Chairman of the Emerald Armco Steel Company, L.P. into one of the f Mountain Partnership, and the Routt County country’s most successful steel companies. RECOGNIZING RAUL CARABAJAL Democratic Party. He also served on the AK Steel has led the steel industry in oper- FOR RECEIVING THE NATIONAL Yampa River Basin Partnership, the Northwest ating profit per ton, a key industry measure- ASSOCIATION OF LETTER CAR- Transportation Planning Commission, and the ment, for more than six consecutive years. RIERS’ REGIONAL HERO OF THE Yampa River System Legacy Project. Since 1992, AK Steel’s financial performance YEAR AWARD Ben has worked diligently to ensure that his has been as much as four times higher than community is a better place for all its citizens. the industry average. AK steel could not have HON. MIKE THOMPSON His hard work and outstanding leadership will reached such a high standard without the dy- be greatly missed. Ben, on behalf of the State namic leadership and personal commitment to OF CALIFORNIA of Colorado and the US Congress, I thank you being ‘‘first in safety,’’ the consistent message IN THE HOUSE OF REPRESENTATIVES for your service. of the company’s top officer, Mr. Wardrop. Wednesday, September 13, 2000 Good luck with all of your future endeavors. In addition to his zero injury and injury pre- Mr. THOMPSON of California. Mr. Speaker, vention policy, Mr. Wardrop has led AK Steel today I recognize Raul Carabajal of Fairfield, f as the nation’s leader in quality of life for its plant environment and corporate grants and California, for receiving the National Associa- PERSONAL EXPLANATION tion of Letter Carriers’ Regional Hero of the donations to the community. AK Steel has its Year Award. headquarters in Middletown, Ohio and has Mr. Carabajal is being recognized for his HON. MAJOR R. OWENS about 11,000 employees in plants and offices selfless and heroic act of rescuing a postal OF NEW YORK in Middletown, Coshocton, Mansfield, Warren customer from a smoky house fire. While de- IN THE HOUSE OF REPRESENTATIVES and Zanesville, Ohio: Ashland, Kentucky; livering mail, as he had for the past 15 years, Rockport, Indiana; and Butler, Sharon and Wednesday, September 13, 2000 along his regular route, Mr. Carabajal spotted Wheatland, Pennsylvania. smoke rising in the sky above the neighbor- Mr. OWENS. Mr. Speaker, on the afternoon Mr. Dick Wardrop Jr. is a true leader whose hood rooftops. Following the smoke, Mr. of September 7, 2000, I was unavoidably ab- hard work and dedication should serve as an Carabajal arrived at a house on fire, ran to the sent on a matter of critical importance and example for us all. Every American should as- door, pounded it open, then dropped to his missed the following vote: pire to this kind of enthusiastic commitment to hands and knees and crawled into the house. On H.R. 4844 (rollcall No. 459), to mod- service. I am proud to know and represent a Blinded by smoke, he followed sounds until ernize the financing of the Railroad Retirement person like Mr. Wardrop and AK Steel Con- he saw the pale arm of an elderly woman as System and to provide enhanced benefits to gress. As Mr. Scannell said, ‘‘Dick Wardrop she lay in the hallway. He immediately employees and beneficiaries, introduced by has set an extremely high standard of cor- dragged the woman out of the house to safety the gentleman from Pennsylvania, R. SHU- porate citizenship against which all future and returned into the house to rescue her two STER, I would have voted ‘‘yea.’’ nominees will be judged.’’

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 17992 EXTENSIONS OF REMARKS September 13, 2000 HONORING SHIRLEY MOTLEY CLEAN WATERS AND BAYS ACT OF Indian Teacher and Educational Personnel PORTWOOD 2000 Program (ITEPP) at Humboldt State University in Arcata, California. Since its establishment, SPEECH OF ITEPP has trained hundreds of students for HON. JOHN SHIMKUS HON. JIM SAXTON successful careers serving Native American communities across the nation. OF ILLINOIS OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES ITEPP was the nation’s first Indian teacher- IN THE HOUSE OF REPRESENTATIVES training program created to address the drop- Tuesday, September 12, 2000 out rate of American Indian students. It origi- Wednesday, September 13, 2000 Mr. SAXTON. Mr. Speaker, I want to com- nated from the vision of tribal leaders and Mr. SHIMKUS. Mr. Speaker, I rise today to mend my colleagues on the Transportation educators who believed Native students would honor a local author, Shirley Motley Portwood, Committee for bringing this measure before respond better to Native teachers who were from Godfrey, Illinois. the House. Earlier today the House adopted not only able to teach the basic academic our colleague WAYNE GILCHREST’S Estuary public school curriculum, but could maintain Ms. Portwood is a history professor at Habitat Restoration bill. That bill provides an the tribal and cultural identities of their stu- Southern Illinois University and recently additional source of funds from the Corps of dents. In the mid-80s the program expanded penned her first book, ‘‘Tell us a Story: An Af- Engineers, in consultation with other Federal to include training for other educational per- rican-American Family in the Heartland.’’ What agencies, to restore the environmental health sonnel such as social workers, administrators, started as a personal project of collecting sto- of our estuaries. As you know, most of the guidance counselors, and tribal service profes- ries for her grandchildren soon snowballed major estuaries in the United States have pre- sionals. into a collage of stories about her family grow- pared plans under National Estuary Program Students from across the nation rep- ing up in southern Illinois. to conserve and manage important estuary re- resenting numerous tribes have participated in I am thankful to Shirley for reinforcing the sources. Unfortunately, funds to implement the program. Over ninety percent of the stu- value of sharing one’s family heritage with the those plans, particularly the expensive restora- dents have graduated and the program has a younger generation. For it is our history that tion components have been hard to come by. one hundred percent employment rate. With teaches us the greatest lessons in life. WAYNE’S bill, in conjunction with provisions this measure of success ITEPP has also be- that I authored which are also included in this come a model for other Native teacher-training f package, will help address that problem. programs throughout our nation as well as The provisions that I originally introduced as Canada and Australia. HONORING WAYNE MOOREHEAD H.R. 1237 were passed by the House in May, Mr. Speaker, it is appropriate that we honor and I am glad to see that they are again in- the accomplishments of the Indian Teacher cluded in this estuary package. H.R. 1237 au- and Educational Personnel Program on the HON. SCOTT McINNIS thorizes the funds to implement, in addition to occasion of its 30th anniversary and honor the just prepare, National Estuary Program plans. hard work and dedication of its graduates who OF COLORADO This is particularly important in my district have furthered education and served their IN THE HOUSE OF REPRESENTATIVES where the Barnegat Bay Estuary is sur- community. rounded by a densely populated area. This Wednesday, September 13, 2000 high volume of land and water use makes f wise and active management essential to pro- Mr. MCINNIS. Mr. Speaker, it is with great tect and preserve the estuary’s important eco- IN HONOR OF THE 25TH ANNIVER- sadness that I take this moment to celebrate logical values. The Barnegat Bay Estuary Pro- SARY OF ST. PROCOP LADIES’ the life of Wayne Moorehead. After an exten- gram has prepared a plan that I believe is up GUILD sive battle with heart disease, Wayne passed to the task of wise and active management, away in his sleep at the age of 84. While but only if it is implemented. Passage of this HON. DENNIS J. KUCINICH friends and family remember this accom- legislation, including H.R. 1237, is needed to OF OHIO plished journalist, I too would like to pay trib- assure that funds for implementation are avail- ute to this great American. able. IN THE HOUSE OF REPRESENTATIVES Wayne brought a smile to everyone he I also commend the Committee for including Wednesday, September 13, 2000 in this package the Chesapeake Bay Program came in contact with. His infectious laugh and Mr. KUCINICH. Mr. Speaker, I rise today in reauthorization provisions written by our late great sense of humor will be greatly missed. recognition of the valuable services to the friend from Virginia, Herb Bateman. The Wayne is, to say the least, a celebrity in community which the St. Procop Ladies’ Guild Chesapeake Bay defined his congressional southern Colorado, leaving an impression has provided throughout its 25 year history. district, and it is only right that we make sure upon many that he came into contact with. The organization, founded in September of Karen Maas-Smith, from a recent article by his bill becomes law this year. Estuaries fuel the growth of our fisheries 1975, prides itself on serving the needs of the Charlie Langdon in the Durango Herald, said local community. It has maintained an out- this about Wayne: ‘‘When I heard of his pass- and provide us with many recreational oppor- tunities. However, the qualities that make standing commitment to the achievement of ing, I instantly missed him, but I can’t reflect this task. St. Procop Ladies’ Guild organizes a on him without smiling. His laughter was his them so special must be actively and aggres- sively guarded. This bill gives the tools we wide range of fundraising events with the aim greatest gift. He himself was a gift to the plan- of invoking an atmosphere of community spirit et.’’ need to provide that protection. I urge my col- leagues to support it this evening. and inclusivity. These events include monthly card parties, bake sales, craft shows, and Wayne always found a way to find some- f thing positive out of every situation he was in. pancake breakfasts. His sense of humor helped to ease tensions in HONORING THE INDIAN TEACHER Such events are designed with the aim of the news rooms and press meetings where he EDUCATIONAL PERSONNEL PRO- providing aid for the less fortunate members of spent most of his professional life. GRAM AT HUMBOLDT STATE our community. The parish organizes a weekly UNIVERSITY meal program for the needy. Their commit- Wayne’s love for life and his fellow man was ment to such noble causes should receive due obvious in his every action. No matter the dif- recognition and respect. In addition, the parish ficulty of the situation, he always seemed to HON. MIKE THOMPSON OF CALIFORNIA organizes a variety of social and spiritual find a way to get through it with a smile. His events which add immeasurably to the vi- IN THE HOUSE OF REPRESENTATIVES illuminating persona will be greatly missed by brancy and vitality of community life. the community of Durango. Wednesday, September 13, 2000 A community benefits when its residents Wayne was a great journalist and a great Mr. THOMPSON of California. Mr. Speaker, reach out to one another, to lend a hand dur- friend of Colorado. today I recognize the 30th anniversary of the ing a time of need. The enduring commitment

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17993 of the St. Procop Ladies’ Guild reflect the fin- LITERACY INVOLVES FAMILIES A TRIBUTE TO KITTY CARLISLE est level of love and caring for their commu- TOGETHER ACT HART nity. On behalf of the Greater Cleveland Com- munity, I extend my sincere gratitude for their SPEECH OF HON. NITA M. LOWEY good works. OF NEW YORK My fellow colleagues, I rise today in honor IN THE HOUSE OF REPRESENTATIVES and recognition of the St. Procop Ladies’ Guild HON. RON KIND and their valuable contribution to community OF WISCONSIN Wednesday, September 13, 2000 life. IN THE HOUSE OF REPRESENTATIVES Mrs. LOWEY. Mr. Speaker, today I express f my great admiration for Kitty Carlisle Hart, an HONORING KEITH CLARK Tuesday, September 12, 2000 extraordinary actress, singer, advocate, and community leader who this year celebrates her Mr. KIND. Mr. Speaker, as a member of the ninetieth birthday. HON. SCOTT McINNIS Education and Workforce Committee, I rise in Kitty Carlisle Hart’s contributions to the arts OF COLORADO support of this family literacy measure, and to have been remarkable. She first appeared on IN THE HOUSE OF REPRESENTATIVES applaud the leadership of Chairman GOODLING Broadway in ‘‘Champagne Sec,’’ made her Wednesday, September 13, 2000 as he finishes a long and distinguished career debut with the Metropolitan Opera as Prince Mr. MCINNIS. Mr. Speaker, it is with pro- both on our committee and in this chamber. Orlofsky in ‘‘Die Fledermaus,’’ ‘‘’and starred in found sadness that I ask for this moment to I am particularly pleased to support the LIFT the American premiere of Benjamin Britten’s celebrate the life of Keith Clark. Keith was a Act because earlier this year, an organization ‘‘Rape of Lucretia.’’ Her career on film has been equally impres- model citizen and a highly respected educator in my Congressional District received an in Grand Junction, Colorado. Keith left an in- sive, including roles in ‘‘A Night at the Opera,’’ award from the Secretary of Education pro- delible impression upon many he came in con- ‘‘She Loves Me Not,’’ ‘‘Here Is My Heart,’’ claiming it as an outstanding program in adult tact with and he will be deeply missed. ‘‘Radio Days, ’’ and ‘‘Six Degrees of Separa- Keith grew up during the Great Depression literacy services. tion. ’’ where hard work wasn’t an option, it was part The Chippewa Valley—Literacy Volunteers Millions of Americans know and love Kitty of everyday life. Keith took these values to of America has been providing family literacy Carlisle Hart from her fifteen year run as a heart, serving his country with distinction in services in the Eau Claire area for nine years. witty and endearing, panelist on ‘‘To Tell The World War II as a B-52 pilot. After returning In general, Even Start—Family Literacy pro- Truth. ’’ Her sparkling personality helped make States side, Keith finished his formal edu- grams provide ‘‘four legs’’ of support in helping that program a national phenomenon. cation, an education that would ultimately lead families who face unique education chal- In New York, Kitty Carlisle Hart has distin- to a career that would have an immense im- lenges. Using Even Start—Family Literacy guished herself as one of our most valuable citizens. She chaired the New York State pact upon thousands of Colorado’s youth. seed money, the Chippewa Valley Literacy After receiving his education from Mesa Council on the Arts, which supports countless Volunteers have been able to provide services State College, and his teaching certificate from cultural activities, and worked with Nelson the University of Northern Colorado, Keith for (1) early childhood, (2) adult education, (3) Rockefeller to expand opportunities for began his illustrious teaching career. For near- parenting education, and (4) parent and chil- women. Kitty Carlisle Hart has also devoted ly 30 years, he ensured that Grand Junction’s dren relationships. her time and energy to a variety of educational youth understood the importance of knowl- The community in which this group operates institutions and museums, always infusing her edge and learning. His techniques and style has a large Hmong population, who have work with a passion for the creative spirit. were at times considered unconventional, but been especially well-served by this program For these efforts and many others, Kitty for many students, Keith’s unorthodox ap- through both English-as-a-second-language Carlisle Hart was awarded the National Medal proach sparked an intellectual curiosity that classes and parent-child development assist- of Arts by President George Bush in 1991. would remain with them for the rest of their ance. The Chippewa Valley group has also Throughout her splendid life, Kitty Carlisle life. been successful in assisting families move Hart has delighted audiences and inspired all Larry Beckner summed up the incredible im- from welfare to work. Americans to value the arts. As she celebrates pact that Mr. Clark had upon his life in an arti- her ninetieth birthday in the company of cle by Rachel Sauer in The Grand Junction In fact, Wisconsin is home to a variety of friends, I am delighted to offer my heartfelt Daily Sentinel: ‘‘He instilled in me the belief such programs that have successfully used thanks and sincere admiration. that whatever is out there, I can do it. That Even Start money as seed funding while de- f was the attitude that he had and the attitude veloping funding mechanisms from local com- I picked up from him.’’ Keith taught students to munity sources as well as other federal pro- IN HONOR OF THE 140TH ANNIVER- realize the importance of life and how to ap- grams. SARY OF HOLY NAME PARISH preciate it. He also helped young people to Even Start provides the kind of services we learn the value of being a student. Beckner should all like to see enacted in our commu- HON. DENNIS J. KUCINICH also had this to say: ‘‘He turned me around nities; services that we as federal policy mak- OF OHIO from being just a person in school to being a ers should be proud to assist. These are com- IN THE HOUSE OF REPRESENTATIVES student. He opened my eyes to community in- prehensive, integrated efforts to help whole- Wednesday, September 13, 2000 volvement, to political issues and he made me a student.’’ families, and to assist the most needy in our Mr. KUCINICH. Mr. Speaker, I rise today in Keith Clark exemplified the ideals of what it communities reach self-fulfillment and self-suf- honor of the 140th Anniversary of Holy Name means to be an American. He fought to pro- ficiency. Parish and its continued commitment to the tect this country’s highest ideals during World I am pleased Chairman GOODLING pursued well-being of the community. War II and he worked tirelessly to promote the bipartisan support for this bill in an effort to Its establishment, on September 23, 1859, importance of a good education to his stu- give our communities effective, useful re- marked the beginning of a community in which dents. Both at home and abroad, Keith was a sources to help families. tens of thousands were baptized and guided genuine American hero. by the teachings of the Catholic Church. Mr. Speaker, at this time I would like to ex- In closing, I must also say that I am pleased Throughout years of service it has truly rep- tend my condolences on behalf of the State of to have served with Chairman GOODLING on resented a beacon of hope for the Harvard Colorado and the U.S. Congress to the family the Education and Workforce Committee. I al- Broadway area. It has earned commendation of a true American patriot, Keith Clark. Keith ways appreciate his fairness and no-nonsense of the highest order through its success in touched the lives of thousands of people. approach to committee business. I hope this weaving the values of religion into the fabric of Though he is gone, his proud legacy will live body as a whole will honor the legacy of my community life. on in the family, friends and students who friend from Pennsylvania and strive to pass ef- Holy Name’s history has been one of re- were blessed to know him. fective, quality education legislation. markable service. From its humble beginnings

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 17994 EXTENSIONS OF REMARKS September 13, 2000 serving the Irish immigrants who met at Pat- UNION BANK OF CALIFORNIA REC- vision have earned Union Bank the top posi- rick Potts’ farmhouse for Sunday services, it OGNIZED BY SECRETARY OF tion in Fortune Magazine’s listing of ‘‘The 50 has maintained a long and noble tradition of LABOR FOR EQUAL EMPLOY- Best Companies for Asians, Blacks, and His- active participation in community life. Holy MENT OPPORTUNITY EFFORTS panics.’’ Name Parish has made a vital contribution to Union Bank is clearly a trend setter, and I local education. It has provided tens of thou- HON. TOM LANTOS hope it can serve as inspiration and motivation sands of children with an exceptional edu- OF CALIFORNIA to the rest of corporate America to realize how aggressively promoting equal employment op- cation grounded in the values of faith, tradition IN THE HOUSE OF REPRESENTATIVES and spirit. Holy Name established the first co- portunity programs is in the best interests of Wednesday, September 13, 2000 both corporate and non-corporate America. educational parochial school in Cleveland. The Mr. LANTOS. Mr. Speaker, I rise today to Mr. Speaker, Union Bank has always been institution was early to recognize the true pay tribute to the Union Bank of California on focused on the betterment of society, whether value of education for all, irrespective gender. receiving the Secretary of Labor’s Opportunity it be the development of the infrastructure and Its role in providing for the needy represents 2000 Award. This award is presented annually trade in the west or the development of equal a true and honorable expression of human by the U.S. Labor department’s Office of Fed- opportunity programs that help unleash the tal- values. For the people of the Harvard and eral Contract Compliance Programs to Federal ent of a workforce previously held back by dis- Broadway area, it has become a place in contractors and public interest groups with ex- crimination. Union Bank should be com- which their hopes and dreams may thrive and ceptional equal employment opportunity pro- mended for this dedication to social progress, prosper. Clearly the great significance of such grams. The Union Bank of California has been and I congratulate the bank and its officers services must be duly honored. selected for its programs for hiring and pro- upon receiving Secretary of Labor Herman’s Opportunities 2000 Award. With such a formidable history Holy Name’s moting women, minorities and those with dis- f significant role in community life will continue abilities. Mr. Speaker, I am delighted that Labor Sec- to be as healthy and vibrant as ever in the HONORING THE SERVICE AND SAC- retary Alexis M. Herman has recognized Union new Millennium. My fellow colleagues, please RIFICE OF THE UNITED STATES Bank of California for its efforts. I join her in stand with me in honoring the outstanding MERCHANT MARINE commending Union Bank on this long history work of Holy Name Parish. of service, and I congratulate the Bank and its officers on receiving the Opportunity 2000 HON. CHARLES W. STENHOLM OF TEXAS f award for outstanding leadership in its equal IN THE HOUSE OF REPRESENTATIVES opportunity programs. HONORING JOHN FREW Mr. Speaker, since its founding in San Fran- Wednesday, September 13, 2000 cisco on July 5, 1864, Union Bank has made Mr. STENHOLM. Mr. Speaker, I rise today HON. SCOTT McINNIS it its business to be more than just a success- to recognize a group of men and women who, ful bank; it has sought to be an integral con- throughout the history of this great nation, OF COLORADO tributor in advancing our common interests. have served valiantly during times of wars and This sense of community service took its ear- IN THE HOUSE OF REPRESENTATIVES peace. The U.S. Merchant Marine fleet and liest form in developing the infrastructure and the people who crew it, are a critical compo- Wednesday, September 13, 2000 trade of the West coast in the late 19th cen- nent of the economic strength and national se- tury. Union Bank helped fund the completion curity of America. From the earliest days of Mr. MCINNIS. Mr. Speaker, I would like to of the coast-to-coast railroad; it invested in the Revolutionary War, when Merchant ships take this moment to honor the considerable ef- early exploration of Alaska leading to its pur- carried goods to Colonial outposts, through re- forts of my friend, John Frew, during his ac- chase by the U.S.; it financed the building of cent operations in Yugoslavia, merchant sail- complished tenure at Colorado Ski Country California’s first large-scale Central Valley irri- ors have sailed into harms way to provide USA, the distinguished association that rep- gation project; and it negotiated trade between support to the Armed Forces by carrying the resents Colorado’s ski industry. Recently, the United States and Japan. These achieve- equipment, supplies, and personnel necessary John announced that he was stepping down ments demonstrate that the Union Bank of to maintain war efforts. Numerous members of as its President and CEO. As John moves on, California has, from the beginning, had its pri- the United States Merchant Marine have made I would like to take this opportunity to thank orities rooted the welfare of the public. the ultimate sacrifice to help secure peace and and pay tribute to him for his dedicated serv- And, it is clear from its receiving the Oppor- freedom. During World War II the Merchant ice. tunity 2000 award, that those priorities have Marine had the greatest percentage of lives not changed. Today, Mr. Speaker, Union You don’t have to know much about the lost of any military service, with the exception Bank’s commitment to a better future is found- great State of Colorado to know that skiing is of the Marine Corps. Included in that loss ed in its belief in the value of a diverse work- an important part of who we are, both eco- were 142 cadet-midshipmen from the United force. This has literally shaped the entire na- nomically and culturally. For years, Colorado States Merchant Marine Academy. ture of the company, from its board of direc- There are Merchant Mariners and Merchant Ski Country USA has been the unified voice of tors to entry-level employees. Boasting 7 mi- Marine Veterans all across this great nation, this important industry. And when this already norities out of 17 members on its board of di- even in the land-locked 17th District of Texas, highly regarded organization hired John Frew, rectors, Union Bank has quadrupled the num- and those of us who live there are safer be- that voice only got stronger. ber of women and doubled the number of mi- cause of their service and dedication. The Colorado Ski Country USA brought John in norities since 1996. These efforts by Union Merchant Marine’s role in the defense of this to strengthen the operation, increasing its visi- Bank represent a unique commitment in cor- nation is under-recognized. Few people realize bility and stepping up its role in the public pol- porate America that it makes both good busi- that in Operation Desert Storm, over 95 per- icy arena. As someone in that arena, Mr. ness sense and good moral sense to strive for cent of the equipment, goods, and ammunition Speaker, I can say without hesitation to John: including all in employment opportunities. used were carried to the theater by the Amer- mission accomplished. Under John’s leader- Takahiro Moriguchi, President and CEO of ican Merchant Marine. This resolution serves ship, Colorado Ski Country USA has thrived Union Bank of California, expressed the as a means to honor their service, and I join and for that the entire State of Colorado is Bank’s enlightened view: ‘‘By searching for tal- my colleagues in applauding Rep. grateful. ent from among the disabled, both genders, KUYKENDALL’s work to bring this matter before veterans, all ethnic groups and all nationali- this Body today. I also would like to take this It is with this that I say congratulations to ties, we gain access to a pool of ideas, energy time to pay tribute to Representative BATEMAN, John on his successful stint with Ski Country and creativity as wide and varied as the who was one of the biggest supporters of the USA and wish him all the best as he returns human race itself. I expect diversity will be- American Merchant Marine. His passing is a to Brownstein, Hyatt & Farber P.C.A. come even more important as the world great loss to this Body and this Nation. John, your community, state and nation are gradually becomes a truly global market- At a time the people of the United States thankful for your service. place.’’ This type of leadership and this kind of are benefitting more than ever before from the

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.000 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17995 sacrifices made by so many to secure peace WELCOME C.J. CHEN War. During that year (1941) he worked for and prosperity, it is highly appropriate to rec- the Foreign Department’s trade section deal- ognize the service of the men and women of HON. SOLOMON P. ORTIZ ing with relations between Sweden and Hun- the United States Merchant Marine. I urge gary. It was this position which eventually led OF TEXAS your support of this resolution. him, in November of 1942, to join the Swedish IN THE HOUSE OF REPRESENTATIVES f legation in Budapest. In March of 1942 he be- Wednesday, September 13, 2000 came second secretary in the Swedish lega- INTRODUCTION OF THE MEDICARE tion in Hungary. RENAL DIALYSIS PAYMENT Mr. ORTIZ. Mr. Speaker, on behalf of my FAIRNESS ACT OF 2000 friends on Capitol Hill, I would like to extend Mr. Speaker, for two years prior to the Nazi a warm welcome to the Republic of China’s occupation of Budapest, Anger reported that HON. DAVE CAMP Representative in the United States, Mr. C.J. conditions in Budapest were relatively stable Chen. He is now serving a Taiwan’s top dip- and calm. But with the arrival of the German OF MICHIGAN lomat in the United States and his office is in military in March 1944 and the subsequent de- IN THE HOUSE OF REPRESENTATIVES Washington, D.C. portation of Hungary’s Jewish population, he Wednesday, September 13, 2000 Representative C.J. Chen is uniquely quali- entered the defining year of his life and career Mr. CAMP. Mr. Speaker, today I am pleased fied for this top diplomatic post. Representa- as a diplomat. When the Nazis initiated depor- to be joined by Representative KAREN THUR- tive Chen has spent his entire career in the tations, Anger assumed an early role in devis- MAN and Senators FRIST and CONRAD in intro- Republic of China’s government service. After ing schemes to protect Jews. While the later ducing the Medicare Renal Dialysis Payment receiving his education in Taiwan and Europe, schutzpasse was Wallenberg’s innovation, Fairness Act of 2000 and 15 other original Representative Chen joined the ROC’s foreign Anger originally conceived the idea of issuing consponsors. This legislation takes important service and served in many capacities over special certificates to Hungarian Jews who steps to help sustain and improve the quality the last 2 decades. had applied for Swedish citizenship. Before of care for the more than 280,000 Americans Most notably, he was the ROC’s Deputy Wallenberg arrived, the Swedish legation had living with end-stage renal disease (ESRD). Representative in Washington (1982-1989); issued 700 certificates and provisional pass- In 1972, Congress ensured that elderly and Administrative Vice Minister of Foreign Affairs ports which had no legal validity, but served disabled individuals with kidney failure receive (89–93); a Senator in the ROC Parliament their purpose in preventing the shipment of in- (93–96); Political Vice Minister of Foreign Af- appropriate dialysis care. At that time, Medi- dividuals to Auschwitz. care coverage was extended to include dialy- fairs (96–98); and Foreign Minister (99–00). sis treatments for individuals with ESRD. Representative Chen’s appointment to With Wallenberg’s arrival on July 9, 1944, Over the last three decades, dialysis facili- Washington is timely. We are fortunate to Per Anger began a partnership that would de- ties have provided services to increasing num- have someone like Representative C.J. Chen liver tens of thousands of Jews from deporta- bers of kidney failure patients under increas- to brief us on the latest developments in his tion and almost certain destruction in Nazi ingly strict quality standards; however, during country and the latest issues affecting both death camps. While Wallenberg’s tragic end this same time frame reimbursement for kid- our countries. has made him the more recognizable rescuer, ney services has not kept pace with the in- Representative Chen is a hardworking dip- Anger made a substantial contribution in his creasing demands of providing dialysis care. lomat. Even during the summer recess, he quiet but efficient manner. Per Anger was fre- While these efforts were a step in the right has met with a number of us and briefed quently Wallenberg’s partner in missions of direction, a recent Medicare Payment Advisory members about President Chen’s recent trip to mercy to the columns of Jews forced to march Commission (MedPAC) report suggests that countries in Central America and Africa as out of Hungary after Allied bombing had made we must take further action to sustain patients’ well as the need for the ROC to be recognized the railways unusable. Where the Jews access to dialysis services. In particular, as a team player in international affairs. Tai- marched and died, Wallenberg and Anger dis- MedPAC recommends a 1.2 percent payment wan’s financial strength, democratization, and tributed food, administered comfort, and often adjustment for Medicare-covered dialysis serv- record on human rights are accomplishments managed to return with some of the suffering ices in the next fiscal year. In addition, worth universal recognition and praise. people to Budapest. MedPAC recommends that the Health Care I look forward to working with Representa- Mr. Speaker, Per Anger’s life and legacy are Financing Administration provide an annual re- tive C.J. Chen and his staff. view of the dialysis payment rate—a review permanently linked with Wallenberg, not only that most other Medicare-covered services re- f because their shared efforts in Budapest dur- ceive each year. TRIBUTE TO AMBASSADOR PER ing the Second World War, but also because I believe these recommendations represent ANGER ON HIS RECEIVING HON- of Anger’s lifelong compassionate quest to dis- critical adjustments that must be addressed ORARY ISRAELI CITIZENSHIP cover the fate of his partner, who disappeared this year. For this reason, I have worked with mysteriously behind Soviet lines in January of Representative THURMAN, Senator FRIST, and 1945. Throughout the second half of the twen- Senator CONRAD to develop the Medicare HON. TOM LANTOS tieth century Anger labored to disseminate in- Renal Dialysis Payment Fairness Act of 2000. OF CALIFORNIA formation about Wallenberg and to bring his This legislation would provide the payment IN THE HOUSE OF REPRESENTATIVES plight to the attention of world leaders. In 1989 rate improvements recommended by MedPAC Wednesday, September 13, 2000 he urged Helmut Kohl to take the issue di- and would establish an annual payment re- rectly to Mikhail Gorbachev, and listened in to view process for dialysis services. This pro- Mr. LANTOS. Mr. Speaker, on the 18th of a telephone call as Kohl pleaded with Russian posal would help ensure all dialysis providers September, Israel will award honorary citizen- leader to ‘‘let that old man go.’’ Gorbachev, receive reimbursement that is in line with in- ship to Ambassador Per Anger, the distin- according to Anger, had no response. creasing patient load and quality requirements. guished Swedish diplomat who worked so This is particularly important for our nation’s closely with Raoul Wallenberg to rescue Hun- Mr. Speaker, it is most appropriate and fit- smaller, rural dialysis providers that on aver- garian Jews during the Second World War. I ting that the state of Israel has granted Per age receive Medicare payments that do not would like to invite my colleagues to join me Anger the high recognition of making him an adequately reflect costs. in recognizing Anger’s lifetime accomplish- honorary citizen. He has spent most of his life As Congress considers further improve- ments, including his association with Raoul in the service of others, including that turbu- ments to the Medicare program, I urge my col- Wallenberg during 1944, as an example of the lent year in Budapest collaborating with Raoul leagues to support this important effort to en- good that human beings can accomplish, even Wallenberg in saving innocent lives. I invite sure patients with kidney failure continue to when faced with incomprehensible darkness. my colleagues to join me in paying tribute to have access to quality dialysis services. I Per Anger received his first diplomatic as- this distinguished Swedish diplomat for his thank my colleagues for working together on signment at the age of 27 as an attache´ to courage, humanitarian dedication, and good this bipartisan and bicameral proposal. Berlin in the early stages of the Second World works.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.000 E13SE0 17996 EXTENSIONS OF REMARKS September 13, 2000 IN HONOR OF FATHER JOSEPH A. in 1980. To receive this award, a Girl Scout HONORING THE 300TH ANNIVER- ROMANSKY must earn four interest project patches, the SARIES OF ST. DAVID’S CHURCH Career Exploration Pin, the Senior Girl Scout AND ST. PETER’S CHURCH IN HON. DENNIS J. KUCINICH Leadership Award, and the Senior Girl Scout THE GREAT VALLEY OF OHIO Challenge, and also design and carry out a IN THE HOUSE OF REPRESENTATIVES Girl Scout Award project. A plan for fulfilling HON. CURT WELDON OF PENNSYLVANIA Wednesday, September 13, 2000 these requirements is created by the Senior Girl Scout and is carried out through close co- IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today to operation between the girl, her troop leader, Wednesday, September 13, 2000 honor Father Joseph A. Romansky who is and an adult Girl Scout volunteer mentor. celebrating his 25th anniversary as a priest of Mr. WELDON of Pennsylvania. Mr. Speaker, the Cleveland Catholic Diocese. Father Laura and Erin’s Gold Award project was I rise to congratulate the parishioners of St. Romansky is a native of the Cleveland area. ‘‘Communities Helping Communities.’’ They David’s Church, Wayne and St. Peter’s His first of many admirable assignments was are members of Girl Scout Troop 299 in Church in the Great Valley, near Paoli, Penn- sylvania for celebrating their 300th anniver- at St. Catherine’s Parish on East 93rd Street. Champaign, Illinois. The idea for their project saries. This historic milestone was reached on Following his dedicated service to St. Cath- came when they participated in a school spon- September 2, 2000. sored city clean-up project. They recognized erine’s, Father Romansky worked at the dioce- It is often said of Pennsylvania that ‘‘Amer- san offices in downtown Cleveland while also the need to help elderly neighbors with yard ica starts here.’’ This is particularly true for the assisting at St. Francis in the East 71st Street work and beautification of their property. To- greater Philadelphia region, where so many of and Superior area. From there, Father gether they organized and coordinated volun- our Founders came together to deliberate, Romansky became pastor of Holy Family teer workers, obtained donations of plant ma- where the Declaration of Independence was Catholic Church on East 131st Street, and terials and supplies and provided gardening signed, and in whose fields and valleys so later he was chaplain at the Light of Hearts services for eight elderly families and three many cruel and bitter battles were fought dur- Villa. Father Romansky has spent the last sev- churches. Upon completing this project, they ing our Revolution. During this time of remem- eral years spreading hope and peace as chap- evaluated the results. Laura felt that one of brance it is fitting to recall the people who set- lain at St. Augustine Manor. the benefits of this project was the families tled Chester County, lived in its towns, edu- Over the course of the last 25 years, Father were able to provide input into the selection of cated its young, built its businesses, reached Romansky has fully devoted his life to serving flowers and how their flowerbeds were de- out to its needy, fought its wars and ultimately his parish and the people of Cleveland. More signed. Erin said she gained self-satisfaction returned to its soil. A prominent role in the de- importantly, he is committed to the well-being from providing such a tangible improvement to velopment of Chester County was played by and happiness of all people regardless of St. David’s Church in Wayne and St. Peter’s race, creed, gender, or class. Father homes. Benefits of the project were the expe- rience of intergenerational and multi-racial Church in the Valley. Romansky is a kind and generous man who As we reflect 300 years later on this rich neighbors working together. makes all those he comes in contact with feel history, it is my honor and privilege to con- special and loved. Jennifer Iversen’s Gold Award project in- gratulate the two current rectors, The Rev. Mr. Speaker, I ask all members of the volved obtaining computers for the residents John G. Tampa of St. Peter’s and The Rev. House of Representatives to recognize the of Manor Care Health Services. She is also a W. Frank Allen of St. David’s, who have the achievements of Father Joseph A. Romansky member of Girl Scout Troop 299 in Cham- honor to serve their parishioners during this as he celebrates his 25 years of service to the paign, Illinois. Jennifer and a friend taught momentous time of celebration. Continuing a Cleveland Catholic Diocese. I ask my col- residents basic computer skills and how to ac- walk in faith begun over three centuries ago, leagues to join me in thanking him for his cess the Internet. These new skills provided they provide the leadership and vision that charity and dedication to his faith, his parish, residents the ability to use e-mail to cor- have made St. David’s Church and St. Peter’s and the entire city of Cleveland. respond with family friends. Jennifer applied Church in the Great Valley a cornerstone of f for and received a grant for continuation of spiritual leadership as well as a source of in- spirational outreach and service. These TRIBUTE TO GIRL SCOUT GOLD this project next year with volunteer assistance churches remain to this day vibrant members from the social advocacy class at University AWARD RECIPIENTS of their community providing food, education, Laboratory High School. health care, shelter, training and countless HON. THOMAS W. EWING Christina Barnes’s Gold Award project titled other services to people in need. OF ILLINOIS ‘‘Assistant Softball Coach’’ provided her the The two parishes were established in 1700 IN THE HOUSE OF REPRESENTATIVES opportunity to share her talents and love of as missions of the historic Christ Church, Wednesday, September 13, 2000 softball with young women aged 13—15. Philadelphia, serving what was then the fron- Christina is a member of Girl Scout Troop 400 tier regions of Chester County, Pennsylvania. Mr. EWING. Mr. Speaker, today I would like in Philo, Illinois. She coached and taught this Christ Church is familiar to students of our his- to salute Laura David, Erin Wiggins, Jennifer group fast pitch softball skills through the Park tory, for it was the site where our Founders Iversen, Christina Barnes, and Merideth District. Her project also included developing a met to discuss and later to proclaim our coun- Holmes. They are outstanding young women try and its unique form of government. Fist Aid kit for the team and emphasizing nu- who were honored with the Girl Scout Gold From the moment of their founding, St. Da- Award by Green Meadows Council in Urbana, trition in her instruction. vid’s Church and St. Peter’s Church in the Illinois. Laura, Erin, Jennifer, Christina, and Merideth Holmes is an Independent Girl Great Valley have played a prominent role in Merideth were honored on May 8, 2000 for Scout from Monticello, Illinois, and her project, the history of Pennsylvania, and indeed of the earning the. highest achievement that a young ‘‘Christian Cuddliess’’ involved working with nation. The first services were held in small woman aged 14-17 or in grades 9-12 can earn members of a Junior Girl Scout troop to make log cabins, were tended by a circuit-riding cler- in Girl Scouting. The Girl Scout Gold Award teddy bears for children admitted to the emer- gyman and drew only a handful of Welsh pio- symbolizes outstanding accomplishments and gency room go Ganta Memorial Hospital in neers. Today, the combined congregations of has five requirements, each of which helps Ganta, Liberia. Merideth enjoyed involving the St. Peter’s and St. David’s exceed 3,000 pa- girls develop skills in the areas of leadership, Junior Girl Scouts in her project and being rishioners, and they continue to grow. career exploration, self-discovery, and service. able to make an emergency room more com- It is interesting to note that it was from St. David’s Church that General Anthony Wayne, The fifth requirement is a Gold Award Project forting and less threatening for children. that requires a minimum of 50 hours of partici- whom some regard as the real founder of the pation. I believe that Laura David, Erin Wiggins, American Army, went off to fight with General Girl Scouts of the U. S. A., an organization Jennifer Iversen, Christina Barnes, and Washington. It was to St. David’s Church that serving over 2.5 million girls, has awarded Merideth Holmes should receive public rec- his body was returned years later. Not surpris- more than 20,000 Girl Scout Awards to Senior ognition for their significant service to their ingly, St. David’s and its graveyard have been Girl Scouts since the inception of the program communities and country. designated as National Historic Landmarks.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.001 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17997 St. Peter’s Church in the Great Valley, an- I can assure you that Portec does not intend Scouts of America not been fulfilling the other National Historic Landmark, served as a to leave the challenge unanswered, and in Democrats’ goals and more? Have the 100 field hospital for soldiers wounded in the Bran- fact, I will do my best to help them combat the million Boy Scouts, from diverse backgrounds dywine campaign of 1777 and later at Valley harmful import surge from China through trade far and wide, not been trained during their Forge. Its graveyard contains the remains of cases or other means. We must protect Amer- Scouting experience to embrace civic respon- both American and British soldiers killed dur- ican manufacturing jobs from unfair import sibility and ‘‘help other people at all times’’ as ing the Revolution. Its beautiful grounds, a surges that injure American industry. The the Scout Oath states? wildlife conservatory, were selected by Gov- United States must maintain strong anti- Consider the tenets of Scout Law: Trust- ernor Tom Ridge as the site for the signing of dumping laws and ensure that they provide ef- worthy, Loyal, Helpful, Friendly, Courteous, Pennsylvania’s innovative conservation meas- fective relief to small U.S. businesses before Kind, Obedient, Cheerful, Thrifty, Brave, ure, the ‘‘Grow Greener’’ bill. they are driven out of business by unfair trade. Clean, and Reverent. Consider the Scout Mr. Speaker, St. David’s Church and St. Pe- f Oath: ‘‘On my honor I will do my best to do ter’s Church in the Great Valley have much to my duty to God and my country and to obey celebrate together as they mark their 300th PERSONAL EXPLANATION the Scout Law; to help other people at all anniversary. I congratulate everyone associ- times; to keep myself physically strong, men- ated with these worship communities and wish HON. XAVIER BECERRA tally awake, and morally straight.’’ Shame on them continued growth, happiness and suc- OF CALIFORNIA the Democrat party, Bill Clinton, and AL GORE cess as they recall their journey: the road, the IN THE HOUSE OF REPRESENTATIVES for viciously attempting to destroy the Boy people, the vision and the faith, which brought Wednesday, September 13, 2000 Scouts of America. It is unconscionable that them to this milestone. millions of young Boy Scouts have been f Mr. BECERRA. Mr. Speaker, on September forced to endure this vicious attack. It is an in- 12, 2000, 1 was detained with business in my SURGE OF CHINESE IMPORTS sult that any member of Congress has sub- District, and therefore unable to cast my votes THREATENS VALUABLE MANU- jected these young people to such hostility. on rollcall numbers 460 through 464. Had I FACTURING JOBS IN WEST VIR- While I have never witnessed such a vitriolic been present for the votes, I would have voted GINIA attack upon young Americans, I am honored ‘‘aye’’ on rollcall votes 460, 461, 462, 463, and to go on record with America and the Mem- HON. NICK J. RAHALL II 464. bers of this House who have raced to defend f the Boy Scouts from this injustice. My son, OF WEST VIRGINIA Justin, has been involved in Scouting for many IN THE HOUSE OF REPRESENTATIVES SCOUTING FOR ALL ACT years now. I can see the developmental bene- Wednesday, September 13, 2000 SPEECH OF fits he has reaped from his experience with Mr. RAHALL. Mr. Speaker, I wish to express the Boy Scouts of America. I do not know how my concern about a small manufacturer in my HON. BOB SCHAFFER I would ever explain to him that he could not district that is battling a tidal wave of low- OF COLORADO be a Scout anymore, should Democrats win priced Chinese imports and to underscore the IN THE HOUSE OF REPRESENTATIVES today’s contest on the House floor. My col- importance of strong trade laws. Tuesday, September 12, 2000 leagues, we must prevail on behalf of the Boy Portec Rail Products, Inc. is a small busi- Scouts, by crushing this awful bill which the ness with manufacturing operations in Hun- Mr. SCHAFFER. Mr. Speaker, the House Democrats have proposed and by sending a tington, West Virginia. Portec makes steel rail now debates a bill Democrats have crafted to clear message to the country: The Boy Scouts joints which hold rail sections together and en- revoke the charter of the Boy Scouts of Amer- of America are deeply appreciated, celebrated, sure smooth passage for commercial and pas- ica. It is hard to believe the Democrats in Con- embraced and protected for the good work senger trains alike. Portec’s West Virginia gress have actually proposed this measure. It they do to raise young boys to be future lead- manufacturing facility represents the core of is also hard to believe a private institution, ers of a caliber much higher than the pro- the kind of small, hard working American com- which has taught over 100 million boys in ponents of this bill which we must quickly, and pany that we all like to see succeed. Portec America core values and has donated hun- resoundingly defeat. dreds of millions of community service hours, provides solid, semiskilled manufacturing jobs f for many hard-working West Virginians. Addi- would be the target of this vicious attack by tionally, Portec purchases steel bars from a the party of Bill Clinton and AL GORE. HONORING RAYMOND C. BURTON West Virginia steel producer, further enriching On June 28 of this year, the Supreme Court FOR A DISTINGUISHED CAREER the economy of the state. affirmed the Constitutionally protected right of During the last three years, U.S. imports of the Boy Scouts of America to set its own HON. WILLIAM O. LIPINSKI low-priced steel rail joints from China have in- standards for membership and leadership. OF ILLINOIS creased exponentially. According to official Since the decision, Democrats have launched IN THE HOUSE OF REPRESENTATIVES U.S. Department of Commerce statistics, im- a vicious attack on the Boy Scouts seeking ports of Chinese rail joints increased from the financial destruction of the Boy Scouts by Wednesday, September 13, 2000 78,000 pounds in 1997 to 355,878 in 1999, a urging businesses and civic organizations to Mr. LIPINSKI. Mr. Speaker, today I honor 356 percent increase. There has been no let- revoke their sponsorship of the Boy Scouts. In Mr. Raymond C. Burton, who will retire at the up—during the first quarter of 2000, Chinese fact, when the Boy Scouts were derided at the end of this year, bringing closure to a distin- imports were at a record pace of 175,000 Democrat National Convention this summer, guished career in railroading that has spanned pounds—a figure which, if annualized, would AL GORE did nothing. He didn’t object. AL three decades. arnount to a 788 percent increase since 1997. GORE lost on two counts. The Supreme Court When Ray Burton went to work for the old Chinese imports are also underselling U.S. decision echoed the voice of mainstream Sante Fe Railway in 1963, he could not have prices, resulting in lost sales and depressed America, and business and civic organizations foreseen the profound changes coming to the prices for the U.S. industry. When Portec remain committed to sponsoring the Boy railroad industry. Particularly since 1982, when loses a sale to what might very well be Scouts. So here we are debating another pa- he was elected president and Chief Executive dumped imports from China, it loses the prof- thetic Democrat attempt to force the hateful Officer of TTX Company, Ray Burton has its and R&D dollars necessary to develop new will of their party’s agenda upon mainstream been on the cutting edge of those changes. products and services for its customers. This America. Under Ray Burton’s leadership, TTX has led threat is not Just looming in the future—it is One of the great ironies of the Democrat’s the way in innovation, design and deployment happening today and already has impacted bill to revoke the Federal Charter of the Boy of the equipment needed to construct today’s Portec. In fact, Portec recently lost a contract Scouts of America is their claim of being modem, intermodal transport network. It was to supply steel rail joints to our very own ‘‘dedicated to giving working families the tools this leadership that twice earned him the Rail- METRO in Washington, D.C. because the Chi- they need to take care of their children’’ and way Age ‘‘Railroader of the Year’’ award— nese bid was lower. So, the threat to this their claim they have ‘‘worked to make chil- making him one of just three individuals to be small, West Virginia company is very clear. dren our nation’s top priority.’’ Have the Boy so honored.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.001 E13SE0 17998 EXTENSIONS OF REMARKS September 13, 2000 This past July, Ray Burton was elevated to passed away on Monday, September 11, (U.S.) manufacturers competing against Asian the post of Chairman and CEO of TTX, a fit- 2000. His three children have lost a wonderful and European businesses. American industry ting reward for a man who led his company— father, his family has lost a loving soul, the faced stiff competition from state supported and his industry—into the 21st Century well citizens of Bay City have lost a committed foreign enterprises. FSC’s were given a reduc- equipped to meet the challenges ahead. Ray doctor and dedicated community servant and tion in income taxes on net foreign profit real- will be missed when he retires at the end of I have lost a good friend. ized from exports. An export businesses’ this year, but the seeds he planted will con- A lifelong resident of Bay County, Timm choice to form an FSC allows it to minimize its tinue to bear fruit for many more years to graduated from Bay City Central High School tax bill on foreign profits between 15% and come. in 1967. He continued his education at Delta 30%. f College and Eastern Michigan University. He In 1998, a trade dispute arose when the Eu- later earned a doctorate with honors from Illi- ropean Union (EU) filed a claim against the HONORING THE DISTINGUISHED nois College of Optometry in 1973. He re- United States arguing that FSC’s were in vio- PRESIDENCY OF DR. JAMES turned to his hometown and practiced medi- lation of World Trade Organization’s (WTO’s) WALKER cine for a quarter of a century. Always willing rules prohibiting government subsidization of to share his vast knowledge and under- exports. The EU argued that the FSC amount- HON. BART GORDON standing of medicine with his colleagues, he ed to U.S. government subsidization of export OF TENNESSEE penned many articles for publication in optom- businesses. The WTO dispute panel agreed IN THE HOUSE OF REPRESENTATIVES etry journals. with their argument and ruled accordingly. The However, he didn’t limit his sense of duty to Wednesday, September 13, 2000 ruling required that the U.S. withdraw the FSC the medical field. His community involvement provisions by Oct 1, 2000, or face sanctions. Mr. GORDON. Mr. Speaker, today I con- stands as a model to the notion that all of us These events bring us to the floor today. gratulate Dr. James Walker for his accom- have a responsibility to reach beyond our- The measure before us today exempts from plishments during his tenure as Middle Ten- selves. A prominent figure in local politics, federal taxes most income earned abroad and nessee State University’s president. Timm served as a city commissioner and two- repeals portions of current law (PL 98–369) Some of Dr. Walker’s accomplishments are term mayor of Essexville. The Essexville- that created foreign sales corporations (FSCs). easily seen, like the new buildings on cam- Hampton Knights of Columbus, Elks Club, Under the measure as long as 50% of a man- pus—the business aerospace building, nursing Essexville-Hampton Jaycees, Lions Club of ufactures goods were produced in the United building, student recreation center, state-of- Essexville, the Bay Area Chamber of Com- States, the manufacturer could receive the the-art library, student apartment complex and merce and the Bay Area Family Y all were same tax benefit on foreign sales. Greek Row. All were desperately needed graced by his leadership and enthusiastic sup- This bill satisfies the concerns of the WTO bricks-and-mortar projects for a growing cam- port. and will prevent the implementation of tariffs pus with changing technology needs. As an My friend had a zest for living. He loved on potentially billions of dollars of goods made alumnus and avid Blue Raider football fan, I sailing, flying airplanes and rooting for the in the U.S. and exported abroad. was particularly thrilled by the recent renova- maize-and-blue of his beloved University of I have opposed important trade legislation in tion of the Johnny ‘‘Red’’ Floyd Stadium. The Michigan sports teams. He simultaneously Congress because I have been particularly renovation helped moved MTSU’s football pro- found solace and excitement on the Great concerned about the effects it would have on gram to Division I–A. Lakes, often exhibiting his mastery of naviga- U.S. jobs and our economy. My review of the Enrollment at MTSU has increased nearly tion as he skippered his sailboat on leisurely record concerning the repeal of Foreign Sales 32 percent from 15,673 students in 1991 to a sojourns and competitive races against his fel- Corporations and its replacement gives me projected 20,663 students this fall. Under Dr. low sailors. Many times, wind filled his sails in confidence that this measure will be good for Walker’s leadership, MTSU has attracted more the Port Huron to Mackinac Yacht Race. He American workers, farmers and businesses. high-quality students. During the past 10 was a board member of the Saginaw Bay This bill has been carefully reviewed by both years, MTSU student ACT scores have sur- Yacht Club and the Saginaw Bay Yacht Rac- Democrats and Republicans and enjoys the passed state and national averages. Just last ing Association. approval of the United States Treasury. I par- year, MTSU was given the go-ahead to estab- He took to the skies as well, earning a pri- ticularly applaud the bipartisan work of my col- lish Tennessee’s first Honors College. vate pilot’s license for airborne adventures that leagues on the Ways and Means Committee During his tenth year as MTSU President, seemed to heighten his appetite for hands-on in resolving this matter, and I urge my col- Dr. Walker is leaving to become president of knowledge. leagues to support the bill. Southern Illinois University, where, at the age My dear friend now soars beyond the f of 30, he worked as an assistant professor. clouds, leaving in his wake legions of friends Dr. Walker’s administrative colleagues at and family whose lives he touched with a WE NEED COMMONSENSE GUN SlU, MTSU, University of Northern Colorado, strong hand and tender heart. We will miss SAFETY LEGISLATION NOW California State University, Illinois State Uni- him. versity, University of Alabama and Western f HON. CAROLYN McCARTHY Michigan University can attest to his many ac- OF NEW YORK REPEAL AND EXTRATERRITORIAL complishments and accolades over the last 30 IN THE HOUSE OF REPRESENTATIVES years. Dr. Walker, thank you for the many INCOME EXCLUSION ACT OF 2000 Wednesday, September 13, 2000 wonderful things you did for MTSU and the SPEECH OF entire Middle Tennessee community. I and Mrs. MCCARTHY of New York. Mr. Speak- many other Nfiddle Tennesseans will surely HON. CAROLYN C. KILPATRICK er, I appreciate the opportunity to join the miss your leadership and enthusiasm. Good OF MICHIGAN Gentleman from New Jersey, Representative luck at Southern Illinois University. IN THE HOUSE OF REPRESENTATIVES RUSH HOLT. f We know the Congress will soon adjourn Tuesday, September 12, 2000 and we have not done anything to approve HONORING THE LATE DR. TIMM C. Ms. KILPATRICK. Mr. Speaker, I rise today commonsense gun legislation. PATTERSON in support of H.R. 4986, the Foreign Sales That is why we are calling on Speaker Corporation Repeal and Extraterritorial Income HASTERT to direct the Juvenile Justice Con- HON. JAMES A. BARCIA Act of 2000 because it will help preserve the ferees to meet and complete action on the Ju- OF MICHIGAN strong financial standing of our nation’s export venile Justice Bill. We request other col- IN THE HOUSE OF REPRESENTATIVES manufactures and our economy. This debate leagues to join us. cannot be understood without an under- Earlier this year, the Million Mom March Wednesday, September 13, 2000 standing of the origin of the Foreign Sales came to Washington and to more than 60 cit- Mr. BARCIA. Mr. Speaker, I rise today to Corporation (FSC). The FSC was created by ies around the country. I addressed this march mourn the death and celebrate the life of my the Department of Commerce to provide in- that united moms, dads, sons and daughters longtime friend, Dr. Timm C. Patterson, who centives to increase exports by United States behind a common goal.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0689 Sfmt 9920 E:\BR00\E13SE0.001 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 17999 They urged the Congress to stop its delay during relationship with India. This relationship Americans, as well as the Representative for and move forward with gun safety legislation. makes sense since both countries share com- one of the largest Indian-American commu- Now it is time for the Congress to stop stalling mon democratic traditions. Portions of India’s nities in the country, I am excited by the de- and to enact this gun safety legislation. constitution were modeled after the U.S. con- velopments of the past year between our two To date, I regret the Congress has accom- stitution, and both countries share the same countries. It is my hope that Prime Minister plished next to nothing to enact commonsense views of freedom of expression, protection of Vajpayee’s visit will strengthen relations be- gun safety legislation. individual rights and a vitality of the political tween the world’s two greatest democracies. Have we closed the gun show loophole that process. permits criminals to get guns easily? No! India and the U.S. have forged close eco- f Have we required gun manufacturers to in- nomic and commercial links. India represents stall child safety locks on all new guns? No! enormous opportunities for U.S. firms to make IN CELEBRATION OF MARTHA Have we banned the importation of high-ca- new investments and enter new markets. BARRETT’S DEDICATION TO EDU- CATION pacity ammunition clips on assault rifles? No! Good relations with India can only increase As Members of the Education and Work- the economic ties we currently have. A strong force Committee, both of us are committed to economy in India is a basis for lifting people HON. ELTON GALLEGLY out of poverty and for creating a strong demo- reducing classroom size, ensuring after-school OF CALIFORNIA cratic base. programs and increasing student achievement IN THE HOUSE OF REPRESENTATIVES test scores. We can accomplish none of these The two countries also have become linked things, unless we have safe schools first. as centers of scientific and technological inno- Wednesday, September 13, 2000 In my home state of New York, I have vation. In the fast-changing world of high tech- Mr. GALLEGLY. Mr. Speaker, I rise to cele- worked closely with Gov. George Pataki and nology, the U.S. and India have already begun brate Martha Barrett, whose energy and dedi- our state lawmakers so that we were able to sharing process of information, of skills and of cation in her classroom and to her profession enact strong commonsense gun safety legisla- people who provide great benefits for con- has earned her the honor as Ventura County’s tion this year. sumers in both countries. India has a highly Teacher of the Year. trained corps of software engineers whose tal- I am proud our state now has a law that Mrs. Barrett brings an entrepreneur’s drive ents are being utilized here and in India. closes the gun show loophole and requires to teaching, totally immersing herself in her Both countries, victims of terrorism in the child safety locks on guns. Now we need na- chosen profession, which isn’t surprising when past, have teamed up to establish a Joint tional commonsense gun legislation. one considers that business was her chosen Working Group on Counterterrorism, which The House Leadership and the gun lobby field when she entered San Diego State Uni- should enhance the effectiveness of both na- have maintained their alliance to block the versity. However, the future educator found joy tions’ efforts to combat terrorism worldwide. consideration of this commonsense gun legis- by teaching a weekend religion class and As the region’s only democracy, India will lation. switched to education, earning her master’s play a major role in security issues throughout I urge the American people to send a mes- degree and teaching credential. sage to the House leadership to reject the gun Asia for years to come. I have believed for some time that India should receive a perma- She now teaches students and her peers at lobby and enact real gun safety legislation be- Oxnard Elementary School District. fore we adjourn for the year. nent seat on the United Nation’s Security Council and am anxious to hear from the Mrs. Barrett is a 17-year teaching veteran, Mr. Speaker, the new school year has just teaching our youngest students to read, write begun. We need to give parents greater as- Prime Minister if there were any new develop- ments while he was in New York last week. and think. She is also a lifelong student, re- surance that their children will be safe while maining current on the latest technology and they are attending school. Providing this seat to India will help make the world a safer place. teaching tools and sharing them with her But the truth is the Congress must do more. While I was in India with the President ear- peers. We can close the gun show loophole. We can lier this year, I was fortunate to attend the After years of serving as a mentor to her fel- require child safety locks. We can ban high- signing ceremony in Agra of an historic agree- low teachers, Mrs. Barrett was assigned to the capacity ammunition clips. ment to promote cooperation in the areas of district’s Peer Assistance and Review program f clean energy and the environment between last week. In that role, Mrs. Barrett will help struggling teachers and coach others who SENSE OF HOUSE REGARDING our two countries. This agreement marks a wish to improve their skills. UNITED STATES-INDIA RELATIONS major step toward promoting clean energy in India and protecting India’s and our global en- There is little doubt her peers will benefit from Mrs. Barrett’s insight. Administrators say SPEECH OF vironment. As part of this agreement, joint trade and investment efforts will promote clean they often have to turn away teachers who HON. FRANK PALLONE, JR. energy technologies in India. clamor to attend the numerous teaching work- OF NEW JERSEY India and the U.S. also are conducting joint shops Mrs. Barrett has conducted. Her super- IN THE HOUSE OF REPRESENTATIVES public-private partnerships in the energy sec- intendent, Richard Duarte, has been quoted tor. In fact, one New Jersey utility, PSEG, is as calling her ‘‘truly a master teacher.’’ Tuesday, September 12, 2000 on the verge of signing an agreement with the The mother of three also is active in her Mr. PALLONE. Mr. Speaker, the year 2000 Indian government to carry out just such a own children’s schools and has been a team has been a great year for those of us actively partnership. This utility also is exploring cre- mom for her children’s soccer teams. The involved in building and promoting relations ative methods for improving the electric supply Barretts have hosted exchange students from between the United States and India. This and system reliability with partners in Japan and Spain. week, I am proud to welcome Indian Prime Karnataka. These types of efforts will promote Mr. Speaker, as America focuses on im- Minister Atal Bihari Vajpayee to Washington. clean energy technologies and help India proving education, Mrs. Barrett serves as a The Prime Minister’s visit comes months after avoid the pollution we experienced with our in- model of what we expect and need from our President Clinton made a similar visit to India. dustrial development. India does not need to teachers. Teaching is not a job to Mrs. Barrett. I was fortunate to join the President on that sacrifice its economic growth because its local It’s a calling. She works hard, she cares about historic visit. businesses will conserve energy and improve her students, and she cares about her profes- While here in Washington, the Prime Min- their ‘‘bottom lines’’. I look forward to working sion. She also cares enough to help her peers ister will focus on economic relations between with the Prime Minister during this week’s visit reach higher, so their students can too. the two countries, as well as the role of the In- to further these efforts between India and the Mr. Speaker, I know my colleagues will join dian-American community as a bridge be- U.S. to conserve resources, improve energy me in congratulating Mrs. Barrett on her tween the two democracies. supply, and protect our environment. achievement, in thanking her for a job very Since the early 1990’s, I have been advo- As the founder and past Chairman of the well done, and in wishing her future successes cating for the U.S. to build a long-term and en- Congressional Caucus on India and Indian- in the classroom and in her profession.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.001 E13SE0 18000 EXTENSIONS OF REMARKS September 13, 2000 A TRIBUTE TO SERGEANT ED- WELCOMING EDGEWOOD MIDDLE nizes and honors the 25th anniversary of the WARD LOWRY AND DEPUTY SCHOOL Individuals with Disabilities Education Act. SHERIFF DAVID HATHCOCK Congress first authorized IDEA in 1975 as HON. TOM UDALL the Education for All Handicapped Children OF NEW MEXICO Act (P.L. 94–142). Since 1975, Congress has HON. MIKE McINTYRE IN THE HOUSE OF REPRESENTATIVES refined and improved the law several times. In OF NORTH CAROLINA Wednesday, September 13, 2000 1990 the statute was renamed the Individuals with Disabilities Education Act. As most every- IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of New Mexico. Mr. Speaker, I one knows, this act assists states and local would like to bring to your attention the Edge- Wednesday, September 13, 2000 school districts with the excess costs of edu- wood Middle School located in Edgewood, cating students with disabilities. New Mexico. The school is a brand new insti- Mr. MCINTYRE. Mr. Speaker, today I pay IDEA has ensured greater access to edu- tution of secondary learning. The need for the tribute to State Highway Patrolman Edward cation for all students with disabilities. Not only school is a testament to the growth and inno- Lowry and Deputy Sheriff David Hathcock for has access to education improved, so has vation of this area of my state, portions of quality. Students with disabilities are increas- their distinguished service and courageous which I proudly represent. ingly completing their high school education leadership on behalf of the citizens of Cum- Edgewood is a lovely community situated and embarking on post-secondary education. berland County, North Carolina. amid the East Mountains and arid lands of These two veteran law enforcement officers New Mexico. Edgewood and its nearby neigh- I believe strongly in the goal of IDEA—that every child should have the opportunity to re- gave their lives in the line of duty during a traf- bors—Moriarty, Sandia Park, Tijeras, Cedar Crest, and Stanley—are committed to the ceive a quality education. I know that teachers fic stop along interstate 95 on September 23, and school administrators also support this 1997. By risking their lives to protect the lives community values that make for a high quality of life. It is not surprising to me the enthu- goal. However, I understand that schools need of others, they made the ultimate sacrifice that siasm and welcome that the Edgewood Middle additional funds to make this goal a reality. To any citizen of this nation can make. They left School has received. this end, I have been persistent in fighting for behind not only their loving families, but also Someone once said that a journey of 1,000 increased funding for IDEA during my years in a community and a state who will forever be miles begins with the first step. I must com- Congress. grateful for their heroism. mend Moriarity school superintendent, Dr. From the time the Republicans took control As lifelong residents of Cumberland County, Elna Stowe, for her tireless work and devotion of Congress in 1995, we have seen the most both Sergeant Lowry and Deputy Hathcock in making this school a reality. Additionally, dramatic increases in the federal funding for dedicated their entire careers to protecting the the first principal of this institution, Sandy IDEA since its creation. Our work has paid off. Beery, will shepherd the school as it grows The federal share of funding for IDEA has rights and freedoms of others. Together they and blossoms. risen from roughly seven percent of the na- had over forty years of experience in law en- As you know, Mr. Speaker, it takes a team tional average per pupil expenditure to 13 per- forcement and were recognized for their integ- effort to achieve great goals. I fully believe cent of the national average per pupil expendi- rity and strength in promoting and defending that the educators, administrators, and the ture. I am proud of our efforts. the laws of justice. surrounding communities will come together to Of course, I realize that we still have a long In order to acknowledge and honor Officers have an exceptional body of learning. Schools way to go to reach the federal government’s Lowry and Hathcock for the valiant actions are hallowed places, and I am very enthusi- promise to provide funding to states and local they displayed on that fateful day and their astic about the students who will be educated schools in the amount of 40 percent of the na- here and then move on to higher learning. A outstanding service to the communities they tional average per pupil expenditure. While I good education is the start of a good future. fought to protect, I am pleased that the North will not be in Congress next year to push for I close by taking you back to 1787. It was increased funding, I know there are many Carolina 59 bridge over 1–95 near Hope Mills, a time much like today, when this Nation’s fu- members who will continue this fight. Cumberland County will be named in their ture was at an exciting crosswinds. At the Over three years ago, Congress passed the memory. This will serve as a constant re- close of the Constitutional Convention, Ben- IDEA Amendments of 1997, which brought minder of the gratitude we all feel toward jamin Franklin rose and made an observation many improvements to the education that chil- about the chair from which General Wash- these two brave individuals, along with all dren with disabilities receive. These amend- ington had been presiding. On the chair was other law enforcement personnel who have ments focused the law on the education a the design of a Sun that was low on the hori- lost their lives serving as guardians of our child is to receive rather than upon process zon, and many of the delegates had wondered communities. and bureaucracy, gave parents greater input whether it was a rising or a setting Sun. ‘We in determining the best education for their President John F. Kennedy once said, ‘‘For know now,’ Franklin said. ‘It is a rising Sun child, and gave teachers the tools they need those to whom much is given, much is re- and the beginning of a great new day.’ to teach all children well. For instance, under quired. And when at some future date when The people of the East Mountains are proud these amendments the Individualized Edu- history judges us, recording whether in our of their strong community spirit and devotion cation Program (IEP) is developed with the brief span of service we fulfilled our respon- that have helped build the Edgewood Middle general curriculum in mind, and students with School. I commend these community mem- sibilities to the state, our success or failure, in disabilities are taking district and state-wide bers for their dedication to education and for whatever office we hold, will be measured by assessments in greater numbers. The 1997 the enrichment of their students, present and the answers to four questions: First, were we amendments also decreased the amount of future. Because of all these things, I see a ris- truly men of courage . . . Second, were we paperwork required of teachers so that now ing Sun and the beginning of a bright future truly men of judgment . . . Third, were we they will have more time to spend with stu- for the East Mountain community. truly men of integrity . . . Finally, were we dents. f truly men of dedication?’’ I am pleased with the progress that has Deputy Sheriff David Hathcock and Ser- INTRODUCTION OF THE IDEA 25TH been made in recent years and it is appro- ANNIVERSARY RESOLUTION geant Edward Lowry would truthfully have priate that on the 25th anniversary of the pas- sage of P.L. 94–142 we recognize the many been able to answer each of these questions HON. WILLIAM F. GOODLING accomplishments brought about by IDEA. in the affirmative! They were indeed men of IDEA has continually been refined to better courage, judgment, integrity, and dedication. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES serve students, parents, teachers, and May the memories of these two brave individ- schools. To continue these successes, we uals live on in our hearts and may God’s Wednesday, September 13, 2000 must continue our support for IDEA and the strength and peace always be with their fami- Mr. GOODLING. Mr. Speaker, today, I am students it serves. I urge all of my colleagues lies and friends. pleased to introduce a resolution that recog- to support this resolution.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.001 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 18001 TRIBUTE TO LABOR AND MANAGE- Workers Health and Retirement funds. These just not there for the students and they just MENT IN WEST VIRGINIA: FOR hospitals were built in southern West Virginia, have no other place to resort to. WORKING TOGETHER IN A COM- southwestern Virgnia, and Eastern Kentucky MON CAUSE TO SAVE A HOS- where other health care was not available to HILLARY KNAPP, SHAWN KEANE, SUE MARTIN, PITAL coal miners. While the Logan County economy LAURA DRUMMOND AND JOEL FELION has diversified to also include business men, REGARDING OTTER TEEN NETWORK—MAY 26, 2000 HON. NICK J. RAHALL II women and their families, it is still an access HILLARY KNAPP: I would first like to OF WEST VIRGINIA hospital for coal miners, their surviving wives thank you for inviting us and giving us the opportunity to tell about some of the things IN THE HOUSE OF REPRESENTATIVES and children. Losing the hospital would affect the delivery that we have been doing at Otter Valley Wednesday, September 13, 2000 of health care to thousands of people, and Union High School through our teen network Mr. RAHALL. Mr. Speaker, today I pay trib- organization, Otter Teen Network. much of that care goes to those without any The issue that we would like to present to ute to West Virginia’s labor and management health insurance, known as uncompensated you is continued support, encouragement team who have come together to help save a care, and a majority of the users of the hos- and funding for organizations such as Otter struggling hospital in Man, West Virginia, pital are senior citizens on Medicare. As noted Teen Network that give teens an oppor- forced to close in June 2000 due in large part above, it was the loss of the Medicare reim- tunity to be leaders, putting continued em- to Congressional cuts in Medicare reimburse- bursements that became the final blow that phasis on school funding, opportunities for ments to hospitals. I salute the United Mine caused the Man ARH Hospital to close it grants that support prevention programs and Workers of America (UMWA) and the Arch doors. funding for groups such as Green Mountain Coal Company for setting an example for Prevention Projects are very important. We Today I commend the United Mine Workers feel that we as teens are the best support and labor and management teamwork to save a of West Virginia, and the officials of Arch Coal the best role models for each other and that hospital. Company, for caring enough about the people we have more of a direct influence on each As we all are deeply aware, the Balanced served by the Man ARH Hospital to contribute other, but those of us who want to become Budget Act of 1997—or BBA97 in its short to its reopening and its future service to the leaders need a clean and drug-free school and form—caused draconian cuts in Medicare re- people of Logan County and beyond. even the right tools. In addition to sup- imbursements to health care providers across But more, Mr. Speaker, in these times of fis- porting prevention, we would also like to en- this country—hospitals, home health agencies, cal hemorrhaging by hospitals in the coalfields courage research in intervention programs that support teens in our daily lives. skilled nursing homes, and physical therapy of West Virginia and the nation, I pay tribute programs. SHAWN KEANE: Otter Teen Network is an to labor and management coming together to idea that came from two students two years I voted against the BBA97 because I knew help people help themselves, without a single ago. Otter Teen Network is student-initi- first, you cannot cut providers without cutting negotiating session at the bargaining table. ated, student-run and student-organized that services to seniors, and secondly, you should In West Virginia, the United Mine Workers promotes teens working together to create a never vote for projected cuts of $115 billion in Union and the Arch Coal Company just positive school, community and safe school Medicare, period. That projected cut of $115 stepped up to the plate and got the job done. environment while promoting being drug- free. Otter Teen Network is a great example billion has today risen to $227 billion, with two f more years to go of planned cuts under of teens being given the opportunity to ex- BBA97. VERMONT STUDENT press their opinions, share ideas and improv- CONGRESSIONAL TOWN MEETING ing their school environment and being en- Congress in passing the BBA97 rhetorically couraged to make a difference. We have the assured the American people that they were opportunity to pull together many resources ‘‘only’’ cutting providers—not services to sen- HON. BERNARD SANDERS and merge them into the program making it iors who rely upon Medicare for all their health OF VERMONT quite a team effort. Safe and Drug-free Schools has funded our advisor’s position. It care needs. I knew then, and Congress knows IN THE HOUSE OF REPRESENTATIVES now, that services were reduced to seniors, has been the advisor’s goal to work within and that access to health care was denied to Wednesday, September 13, 2000 the school soliciting support from adminis- tration, faculty and staff. With the creation hundreds of thousands of patients. Mr. SANDERS. Mr. Speaker, I rise today to In the interim, these past 3 years have seen of OTN, Otter Valley has created an um- recognize the outstanding work done by par- brella organization to take advantage of a hospitals, skilled nursing homes and home ticipants in my Student Congressional Town number of outside resources, such as Green health agencies closing their doors in record Meeting held this summer. These participants Mountain Prevention Projects, which are numbers, leaving vulnerable elderly patients were part of a group of high school students stated in there, GMR projects, leadership without local access to health care of any from around Vermont who testified about the projects and teen institutes. We are very kind. The safety net that used to be in place concerns they have as teenagers, and about close to DTLSP. We even have someone on is gone. Put bluntly, it is only now that Con- what they would like to see the government do the advisory council. We participate in the Governor’s Leadership Conference and also gress pretends it has just been made aware regarding these concerns. that 2 years of balancing the budget on the VCAT. Otter Teen Network has also worked I submit these statements for the CONGRES- with the office of Alcohol and Drug Abuse on backs of senior citizens has caused hospitals SIONAL RECORD as I believe that the views of presentations. We have also developed them to bleed nearly to death financially. New esti- these young persons will benefit my col- through the goal of working through grant mates this year show that the bleeding has leagues. writing and awards to further our projects. turned into a hemorrhage. In addition to Safe and Drug-free School MIKE FLOWER AND BRETT MICHAUD In West Virginia, the Appalachian Regional mini-grants we have also been given an Hospital at Man, West Virginia in Logan Coun- REGARDING STUDENT NIGHTLIFE—MAY 26, 2000 award. We have also awarded ODAT commu- ty has been closed since June 30, 2000. Cou- MIKE FLOWER: I am Mike Flower from nity grants. pled with losses of upwards of $5 million over Youth Build, and it is an organization that Another area of support that we have we do construction and do school every other tapped into is our outside community orga- the past several years, most of which can be week. And basically my subject is how there nization called Neighborhood Connections. attributed to the loss of Medicare reimburse- isn’t a lot of things for youth to do at night- This is a team—it is this teamwork and co- ment to hospitals taken away by the BBA97, time. And I just think that there should be operation that has made us stronger and the hospital could no longer continue to serve a club for just youth or something every helped us to such positive influence in such the citizens of Logan County, and citizens night that they can do instead of drugs. So a short time. from surrounding counties as well. that is my thought. LAURA DRUMMOND: Otter Valley Union But also In West Virginia, the Arch Coal BRETT MICHAUD: I basically have the High School has approximately 770 middle Company and the United Mine Workers Union same idea as him because, I mean, without school and high school students. This type of any clubs what do students resort to? They diverse program reaches everyone, Otter (UMWA) have chipped in with funding to help resort to gangs and drugs, and that is not Teen Network meetings are held weekly. reopen the Man ARH hospital, lifting the com- what people want and that is not what peo- Once a month we try to have planning ses- munity over its fund-raising goal. ple want to see in the youth of Burlington. sions where we talk about theme and how to In 1956, the Man Hospital was one in a They want to see people active in their com- get it across to the school. Often we do infor- chain of hospitals built by the United Mine munity, and sometimes the activities are mal bulletin boards and school art displays.

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.001 E13SE0 18002 EXTENSIONS OF REMARKS September 13, 2000 In many of our topics we focus on prevention And we would like to turn it over to Angel. The Education and the Workforce Com- in school and community or showing how we ANGEL BOISE: As Becki Kenyon already mittee was blessed the day BILL was elected are all connected. said, my name is Angel Boise. I would Just to Congress. Drawing on his experiences as a JOEL FELION: We have teen leaders which like to say we have received positive and initiate and head a project. There are team negative comments about this day. We had coach, a high school principal, and a Super- members who do network on the project and several students absent that day because intendent of schools, BILL has always ap- get it ready, and there are participants who they thought they would be ineffective. The proached the issue of education with the inter- are in school who have not worked on the day had turned out to have a big impact on ests of America’s children at heart. H.R. 3222 project but received direct benefit and then the faculty, students and community mem- is a monument and a fitting tribute to a man there are recipients who are on the out- bers. The students that missed Power of of honor, integrity, courage, and vision. As a skirts, they are not picking up anything di- Choice realized that they had missed out on member of the majority and minority, BILL has rectly but they still benefit from our pro- a great day. Some of the positive comments maintained his loyalty to our children, often in gram and our influence. were that it was a wonderful day, it had a big HILLARY KNAPP: We would like to impact and it was unbelievable. Thank you the face of fervid opposition by many who put present to you this binder showing some of for all your time. their own special interests ahead of the well the things that we have done, and we would HILLARY KNAPP: It has been a privilege being of America’s kids. like to thank you for having us. And the to be here today. As a small token of our ap- It has been my pleasure and honor to have next presentation is about our Power of preciation, we would like to present you known Mr. BILL GOODLING for 22 years, and I Choice Day which was held on May 3rd. with our Otter Valley mascot, the otter, and will miss him—as much as he misses his it is from us at Otter Teen Network and horses when he’s in Washington—when he re- Chris Bullard, Becki Kenyon, Jenn Bearor, Otter Valley Union High School. tires at the end of this session. Angel Boise and Hillary Knapp f Again, I thank Chairman GOODLING for this REGARDING POWER OF CHOICE—MAY 26, 2000 opportunity to support H.R. 3222, and more LITERACY INVOLVES FAMILIES CHRIS BULLARD: Hi. My name is Chris importantly, for his participation and leadership TOGETHER ACT Bullard and I am here to go over the concept as a Member of Congress, and as Chairman of the Power of Choice Day. Through attend- of the House Education and the Workforce ing many conferences with GMPP and GLSP SPEECH OF we were always greatly influenced on what HON. THOMAS E. PETRI Committee. we had saw or what we had done, so we de- f OF WISCONSIN cided it would be good for the entire school to have something like that. We began brain- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION storming ideas last year. As we began brain- Tuesday, September 12, 2000 storming, the ideas just kept flowing. In Mr. PETRI. Mr. Speaker, I would like to HON. BOB FILNER February of this year we finally had enough OF CALIFORNIA thank Chairman GOODLING for allowing me the on paper to present it to our administration. IN THE HOUSE OF REPRESENTATIVES It was a go for May 3rd. The Power of Choice opportunity to support this bill. was named an all day, schoolwide conference We are here today to consider H.R. 3222, Wednesday, September 13, 2000 offering teens at Otter Valley Union High the Literacy Involves Families Together Act. Mr. FILNER. Mr. Speaker, yesterday, Tues- School an opportunity to learn, interact and This bill ensures that family literacy programs day, September 12, 2000, I was testifying be- discuss problems and issues that teens face 3 like Even Start will continue to help many fam- fore the Federal Electricity Regulatory Com- today. And now I am going to turn over to ilies break the cycle of literacy that often leads mission, which held a hearing in San Diego, these two. to poverty, unemployment, and dependency BECKI KENYON: Hi. I am Becki. Here you CA, regarding our electricity rate crisis. Had I have a Power of Choice flyer or pamphlet on federal support programs. been able to be present for Rollcalls, I would you can use and it would help. Could you This country has come a long way since we have voted as follows: Rollcall No. 460— please take it out just to look at it? It were all children. ‘‘yea’’, Rollcall No. 461—‘‘yea’’, Rollcall No. should be in one of the pockets. Although this nation has always placed an 462—‘‘yea’’, Rollcall No. 463—‘‘yea’’, Rollcall JENN BEAROR: The meaning of this day emphasis on education, we now live in an age No. 464—‘‘yea’’. was to give awareness to our peers about al- when just having a high school education is cohol and drugs and peer pressure and to let not enough to prepare our children for the pro- f them make their own decisions. We have a fessional world. Global competition, the inter- IN RECOGNITION OF STEPFAMILY group of us called the SOS Players which emphasized on all types of issues that teens net, and widespread use of technology all indi- DAY IN MICHIGAN AND THE IM- face today. We also had the pleasure to have cate that the economy of the 21st century will PORTANT CONTRIBUTIONS OF a couple of peers from Mountain View come create new challenges for employers and THE STEPFAMILY ASSOCIATION as well as many celebrities, like the workers. In order to attain that high quality of OF AMERICA Middlebury Men’s and Women’s Hockey life we all strive for, the generations after us Team, and all of this was possible by the will need to meet higher educational stand- HON. DEBBIE STABENOW funding of grants from the Governor’s High- ards. way Safety Program, New Direction, OBCC, OF MICHIGAN But, in the course of attempting to ensure IN THE HOUSE OF REPRESENTATIVES Refuse to Abuse, and many more. access to a college education for all who can BECKI KENYON: In the back of the pro- Wednesday, September 13, 2000 gram we had different workshops that our benefit from it, we cannot forget about those students went to throughout the day, and less fortunate—the parents and children who, Ms. STABENOW. Mr. Speaker, today I rec- some of those workshops are Addiction and for whatever reason, have not yet mastered ognize Stepfamily Day, which is promoted by Intervention, Dealing with Tragedy, Health, the basic yet essential skills of reading and the Stepfamily Association of America (SAA) Home and Phobia Resolves, Parties, Respect- writing. as a day to recognize and celebrate the im- ing Yourself, Does Your Body Meet Your H.R. 3222 would improve the quality of portance of stepfamilies throughout our nation. Image, Healthy Habits. And the students services provided under Even Start and other On the 16th of September, stepfamilies will be gave different—well, it had their names on family literacy programs: By providing training them for drawings throughout the day so we coming together in Michigan and many other kind of rewarded them for coming and par- and technical assistance to local providers, by states to commemorate their special bonds. ticipating with us. And then in our school we requiring that instructional programs are based Due to the efforts of Michigan’s Christy have three different lunches which we use to on scientific research on reading, by funding Borgeld, Stepfamily Day founder and board invite different groups and which we go research on the teaching of reading to adults member of the SAA, Stepfamily Day picnics there. in family literacy and other adult education will be held in Michigan and throughout the We have also been working with several programs, and by establishing qualifications nation. Mr. Speaker, this event is but one ex- groups throughout the whole process. Some for instructional staff in Even Start programs— ample of the strides this organization has of these are Fine Family Resources, Vermont Liquor Control, OBCC, Trapp Coali- whose salaries are paid almost entirely with made in its dedication to the acceptance, sup- tion, Department of Health, VTLSP, GMPP, Even Start dollars. port and success of stepfamily living. As it was and all these groups working together helped In addition, I would also like to take a mo- so aptly put by Christy and the SAA: us to meet the Vermont standards adopted ment to express a few words for my colleague Our nation has been blessed by thousands by the state for all students in the state. and dear friend BILL GOODLING. of loving stepparents and stepchildren who

VerDate Aug 04 2004 12:29 Dec 13, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0689 Sfmt 0634 E:\BR00\E13SE0.001 E13SE0 September 13, 2000 EXTENSIONS OF REMARKS 18003 are daily reminders of the joys, trials and SEPTEMBER 19 Foreign Relations triumphs of the family experience and of the 9:30 a.m. To hold hearings to examine issues relat- boundless love contained in the bond be- Armed Services ing to Fidel Castro. tween parents and children. To hold hearings on United States policy SD–419 It is my pleasure to pay tribute to the SAA towards Iraq. SEPTEMBER 21 for its commitment and hard work on behalf of SH–216 Governmental Affairs American families, and to wish families in 3 p.m. To hold hearings on the nomination of Foreign Relations Michigan and nationwide a happy and suc- George A. Omas, of Mississippi, to be a African Affairs Subcommittee cessful Stepfamily Day. Commissioner of the Postal Rate Com- To hold hearings on anti-corruption ef- mission. forts and african economic develop- f SD–342 ment. 2:30 p.m. SD–419 Energy and Natural Resources SENATE COMMITTEE MEETINGS Water and Power Subcommittee SEPTEMBER 22 To hold hearings on H.R. 3577, to increase Title IV of Senate Resolution 4, 10 a.m. the amount authorized to be appro- agreed to by the Senate on February 4, Commission on Security and Cooperation priated for the north side pumping di- in Europe 1977, calls for establishment of a sys- vision of the Minidoka reclamation To hold hearings to examine the status tem for a computerized schedule of all project, Idaho; S. 2906, to authorize the of policing reforms in Northern Ireland meetings and hearings of Senate com- Secretary of the Interior to enter into as envisioned by the Good Friday mittees, subcommittees, joint commit- contracts with the city of Loveland, Agreement. Colorado, to use Colorado-Big Thomp- tees, and committees of conference. 2172, Rayburn Building This title requires all such committees son Project facilities for the impound- to notify the Office of the Senate Daily ing, storage, and carriage of nonproject water for domestic, municipal, indus- SEPTEMBER 26 Digest—designated by the Rules com- trial, and other beneficial purposes; S. 9:30 a.m. mittee—of the time, place, and purpose 2942, to extend the deadline for com- Veterans’ Affairs of the meetings, when scheduled, and mencement of construction of certain To hold joint hearings with the House any cancellations or changes in the hydroelectric projects in the State of Committee on Veterans’ Affairs on the meetings as they occur. West Virginia; S. 2951, to authorize the Legislative recommendation of the As an additional procedure along Commissioner of Reclamation to con- American Legion. with the computerization of this infor- duct a study to investigate opportuni- 345, Cannon Building ties to better manage the water re- mation, the Office of the Senate Daily sources in the Salmon Creek watershed SEPTEMBER 27 Digest will prepare this information for of the upper Columbia River; and S. 9:30 a.m. printing in the Extensions of Remarks 3022, to direct the Secretary of the In- Armed Services section of the CONGRESSIONAL RECORD terior to convey certain irrigation fa- To hold hearings to examine the status on Monday and Wednesday of each cilities to the Nampa and Meridian Ir- of U.S. military readiness. week. rigation District. SH–216 Meetings scheduled for Thursday, SD–366 2:30 p.m. September 14, 2000 may be found in the Foreign Relations SEPTEMBER 20 Business meeting to consider pending Daily Digest of today’s RECORD. 9:30 a.m. calendar business. Health, Education, Labor, and Pensions SD–419 MEETINGS SCHEDULED Business meeting to consider pending calendar business. SEPTEMBER 28 SEPTEMBER 15 SD–430 9:30 a.m. Environment and Public Works 10 a.m. Armed Services Transportation and Infrastructure Sub- To resume hearings on United States pol- Energy and Natural Resources committee Forests and Public Land Management Sub- icy towards Iraq. To hold hearings to examine the GAO in- SH–216 committee vestigation of the Everglades and To hold oversight hearings to examine water quality issues. Federal agency preparedness for the SD–406 POSTPONEMENTS Summer 2000 wildfires. 2:30 p.m. SD–366 Energy and Natural Resources Energy Research, Development, Produc- SEPTEMBER 20 SEPTEMBER 18 tion and Regulation Subcommittee 9:30 a.m. 1:30 p.m. To hold hearings on S. 2933, to amend Small Business Aging provisions of the Energy Policy Act of To hold hearings on the United States To hold hearings to examine the under- 1992 relating to remedial action of ura- Forest Service compliance with the use of hospice care in America. nium and thorium processing sites. Regulatory Flexibility Act. SD–562 SD–366 SR–428A

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