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

Vol. 146 WASHINGTON, WEDNESDAY, FEBRUARY 9, 2000 No. 11 House of Representatives The House met at 10 a.m. and was lic for which it stands, one nation under God, I yield back the President’s big budg- called to order by the Speaker pro tem- indivisible, with liberty and justice for all. et government proposals which rob pore (Mrs. BIGGERT). Peter to pay Paul. MESSAGE FROM THE SENATE DESIGNATION OF THE SPEAKER A message from the Senate by Mr. AIRING OF SUICIDE PROGRAM PRO TEMPORE Lundregan, one of its clerks, an- RECKLESS AND IRRESPONSIBLE nounced that the Senate has passed The SPEAKER pro tempore laid be- (Mr. RILEY asked and was given per- without amendment a concurrent reso- fore the House the following commu- mission to address the House for 1 lution of the House of the following nication from the Speaker: minute.) title: WASHINGTON, DC, Mr. RILEY. Madam Speaker, last H. Con. Res. 245. Concurrent resolution to February 9, 2000. week the public-access cable television correct technical errors in the enrollment of I hereby appoint the Honorable JUDY channel operated by the Community the bill H.R. 764. BIGGERT to act as Speaker pro tempore on Television of Lane County, Oregon this day. aired a program that is shocking to the J. DENNIS HASTERT, SERIOUS BUDGET CONCERNS conscience of a civilized society. The Speaker of the House of Representatives. (Mr. GIBBONS asked and was given program in question is a new do-it- permission to address the House for 1 yourself video that is a step-by-step PRAYER minute and to revise and extend his re- guide to committing suicide based on the book ‘‘Final Exit’’ by Derek The Chaplain, the Reverend James marks.) Mr. GIBBONS. Madam Speaker, I rise Humphry. David Ford, D.D., offered the following today to join with my colleagues to ex- Mr. Humphry gives a video dem- prayer: press my serious concern with the onstration on what he claims is ‘‘dying O God, our hope for all the years, our President’s budget proposal that was with dignity.’’ I do not believe that sui- faith by You is bold, You help us face released earlier this week. cide is synonymous with dignity. unwanted tears, our hands with You do With the surpluses that this Congress Madam Speaker, it is a sad day in- hold. has created, the President now seeks to deed when we make readily available You promise life without an end. You renew the era of big government by ex- on public television a step-by-step pledge the gift of love. Your peace and panding the size and the scope of the guide on where to find lethal drugs, grace forever send, all gifts from heav- Federal bureaucracy, including the cre- with or without a doctor’s prescription, en above. Amen. ation of $350 billion of new government to be mixed with chocolate pudding or spending. applesauce to bring about death or how to use a bag or mask to commit sui- THE JOURNAL Madam Speaker, furthermore, the President failed to provide hard-work- cide. The airing of this devaluation of The SPEAKER pro tempore. The ing Americans with meaningful tax life is nothing short of reckless and to Chair has examined the Journal of the cuts and instead included a $181 billion me irresponsible. last day’s proceedings and announces tax increase. to the House her approval thereof. I am seriously concerned that the Pursuant to clause 1, rule I, the Jour- President’s budget proposal will actu- A TRIBUTE TO THE LATE PARMA nal stands approved. ally raid Social Security, rather than SAMAD safeguarding it for future generations. (Mr. CHABOT asked and was given Madam Speaker, we need to pass a permission to address the House for 1 PLEDGE OF ALLEGIANCE responsible budget, not one laden with minute.) The SPEAKER pro tempore. Will the irresponsible spending increases and Mr. CHABOT. Madam Speaker, Cin- gentleman from Alabama (Mr. RILEY) pointless tax increases, a responsible cinnati has said good-bye to a wonder- come forward and lead the House in the budget like the budget supported by ful lady and great teacher, Parma Pledge of Allegiance. my Republican colleagues here today Samad, who died last month after a Mr. RILEY led the Pledge of Alle- that will fund essential government long, courageous battle with cancer. giance as follows: programs, provide necessary tax relief, As a student in Cincinnati’s Catholic I pledge allegiance to the Flag of the and protect Social Security while pay- schools, I had the privilege of being United States of America, and to the Repub- ing down our national debt. taught by many outstanding teachers.

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

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VerDate 27-JAN-2000 23:44 Feb 09, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.000 pfrm02 PsN: H09PT1 H258 CONGRESSIONAL RECORD — HOUSE February 9, 2000 My sixth grade teacher at St. ican family. We should encourage mar- tion only want to improve their lives Catharine’s, Parma Samad, Miss Fierro riage, not penalize it. We are restoring and the lives of their families. But we at the time, was simply the best. Over family, children, and the American must remember that there are a lot of her career, she taught in both the dream. people who also want to come to Amer- Catholic and public schools. Last year President Clinton and his ica and must wait years, perhaps, to Madam Speaker, our entire commu- Democrat allies labeled marriage pen- come legally. It is not fair to them if nity has benefited from her selfless alty relief as risky, and the President we do not enforce the law. dedication to her students. And she vetoed it. This year the Democrats are Madam Speaker, I hope all of my col- will be long remembered by those encouraging him to veto it again. leagues will support this common sense whose lives she touched over her 39- In my district alone, this bill will approach to discourage illegal immi- year teaching career. help end the marriage penalty for over gration. Madam Speaker, I know that I am 150,000 Americans. The President and joined by many in Cincinnati who his Democrat friends should stop play- KEEP SOCIAL SECURITY AND knew and admired Parma Samad when ing election-year politics. MEDICARE SOLVENT I offer my sincere condolences to Par- Mr. President, it is time for you to ma’s husband, Ron, to her parents, help us help American families. (Mr. SMITH of Michigan asked and Cosmo and Agnese Fierro, and to all was given permission to address the her family. Parma will be greatly House for 1 minute and to revise and VIRGINIA LEADERSHIP DOES NOT missed. extend his remarks.) GET IT Mr. SMITH of Michigan. Madam There is no question in my mind that Speaker, early this morning the Steve she is looking down on us right now (Mr. BLUMENAUER asked and was Forbes campaign called me and said from a better place, and that she is given permission to address the House that Steve Forbes’ wife flew into smiling. for 1 minute and to revise and extend his remarks.) Michigan late last night; and sometime Mr. BLUMENAUER. Madam Speaker, between 12 p.m. and 5 a.m. this morn- DISAPPOINTMENT WITH LACK OF yesterday the Virginia legislature just ing, the family made its decision that COOPERATION said no to the citizens’ efforts to try he would be withdrawing from the pres- (Mr. PITTS asked and was given per- and control the problems of livability idential race. As one of the Michigan cochairmen mission to address the House for 1 in their community. It is sad that the for Steve Forbes, I was disappointed, minute and to revise and extend his re- new leadership in Virginia just does because what Steve Forbes brought to marks.) not get it. the podium, to public discussion, was Mr. PITTS. Madam Speaker, I was Smart growth is good for the econ- detailed plans on where this country disappointed to read last week a Roll omy. It helps declining and distressed goes, where we go, in terms of fixing Call story entitled ‘‘Democrats Feel areas, and it does not force the Hob- Social Security, where we go in terms Cocky After Big Speech.’’ It said basi- son’s choice of dumb growth. But the of fixing Medicare, both insolvent. cally that House Democrats feel it is State of Virginia refuses to deal mean- In my 5-minute speech today under going to be ‘‘their way or the highway ingfully with the transportation and fi- Special Orders, I will be talking about going into November.’’ nance problems on a State level and at what could happen on paying down the When Mr. HASTERT became Speaker a the same time, refuses to give local debt, but probably that it is not going year ago, he gave a speech in the House governments tools to handle it them- to happen, and that what is really that reached out to our Democratic selves. going to happen is a tremendous bur- colleagues offering to meet them half- I hope that the citizens of Virginia, den on our kids and our grandkids if we way, and that he expected them to as I hope that citizens around the do not wake up, if we do not pay atten- meet us halfway. Now the Democrat country, will hold each elected official tion, if we do not come out with some leadership seems determined that there responsible on all levels for their ef- of the solutions to make sure that we will be no legislative progress this forts to give the tools to make sure keep these important entitlement pro- year, preferring to sit idly by. The that our communities are more livable grams solvent. Speaker said, ‘‘Stalemate is not an op- so our citizens can be healthy, eco- tion. Solutions are.’’ nomically secure and safe. The American people want us to pay A FAIR MARRIAGE TAX PENALTY down our debt, they want us to give re- (Mr. MENENDEZ asked and was SUPPORT THE LEAP ACT lief from the marriage tax penalty, to given permission to address the House ban the raid on Social Security, to (Mr. BARRETT of Nebraska asked for 1 minute and to revise and extend renew inner cities and to provide sen- and was given permission to address his remarks.) iors with affordable prescription drugs. the House for 1 minute and to revise Mr. MENENDEZ. Madam Speaker, Madam Speaker, I hope the President and extend his remarks.) tomorrow the Republican majority will reject the foot-dragging tactics of Mr. BARRETT of Nebraska. Madam starts on their march to trying once the House Democrats and work with Speaker, I rise as a sponsor of H.R. again to pass over a $1 trillion tax cut, us. I am disappointed they do not want 3429, the LEAP Act. We all agree that the same tax cut that Governor Bush to work, by their own admission, in be- immigrants should come to this coun- offers his candidacy for President. half of a productive agenda. try legally, and LEAP will remove the They begin, instead of offering it as a magnet that brings undocumented whole, by dividing it up. They will workers to the country in the first start with the marriage tax penalty. TIME TO END MARRIAGE TAX place, jobs. The fact of the matter is we Demo- PENALTY LEAP will improve current employ- crats also want to end, not just adjust, (Mr. SAM JOHNSON of Texas asked ment verification programs so that we want to end the marriage tax pen- and was given permission to address businesses can make sure that employ- alty; but we want to do it in ways that the House for 1 minute and to revise ees are legally authorized to work in not only value the institution of mar- and extend his remarks.) this country. Right now, employers are riage, we want to do it in ways that Mr. SAM JOHNSON of Texas. Madam in a catch-22 situation. Under the law, value other issues, such as extending Speaker, tomorrow the House is going they cannot hire illegal immigrants; the life of Social Security and Medi- to vote to end the marriage penalty. but they do not have all of the tools care, the values of our seniors, and Right now married couples pay more in necessary to hire legal workers. such as improving the quality of edu- taxes than two single taxpayers living The bill is not anti-immigration. I cation for children, the value that we together. That is not right. It is just certainly recognize the many benefits hold of our children. not right. that legal immigrants bring to this This Republican bill is too expensive Washington must stop penalizing the country. Most people who come across than it needs to be. It makes no at- cornerstone of our society, the Amer- the border without proper documenta- tempt to pay for itself; and lastly,

VerDate 27-JAN-2000 23:44 Feb 09, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.004 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H259 many middle-income families with I have with me a photo of Shad and minute and to revise and extend her re- children will not get any tax relief be- Michelle Hallihan. They are an average marks.) cause the bill promises a lot more than couple suffering the marriage tax pen- Ms. DELAURO. Madam Speaker, it provides because they ignore the alty, two public schoolteachers in Illi- American families deserve a respon- minimum tax when writing their bill. nois. Michelle points out the marriage sible plan for the surplus that In fact, we need to have values that, tax penalty for her would buy 3,000 dia- strengthens Social Security and Medi- yes, take care of the marriage tax pen- pers for their newborn child. It is real care, that pays down the national debt, alty and reward marriage, but, at the money for real people. and that gives tax cuts that directly same time, take care of our seniors, Tomorrow the House is going to vote benefit the middle class. Unfortu- take care of our children and extend on a bipartisan proposal. Madam nately, the Republican leadership the life of Social Security and Medi- Speaker, 241 Members of the House are seems determined to pass an irrespon- care. now cosponsoring H.R. 6, legislation sible tax cut before it develops a plan which will essentially wipe out the for the long term. Last year they tried marriage tax penalty for the majority to pass a trillion dollar tax bill that SAN RAFAEL LEGACY AND NA- of those who suffer from it. Let us set would have benefited the richest in our TIONAL CONSERVATION AREA aside partisanship, let us work to- country. This year, they are trying to ACT gether to eliminate the marriage tax pass that package piece by piece. (Mr. CANNON asked and was given penalty. Madam Speaker, we need to elimi- permission to address the House for 1 Valentine’s Day is next week. What nate the marriage penalty; and I sup- minute and to revise and extend his re- better gift could this Congress give 25 port a proposal to do that. But this Re- marks.) million married, working couples than publican scheme is irresponsible. The Mr. CANNON. Madam Speaker, today passage of this legislation tomorrow to bill helps working families, middle I will introduce the San Rafael Western wipe out the marriage tax penalty for class families very little, yet it gives Legacy and National Conservation couples like Michelle and Shad huge tax breaks to the wealthiest cou- Area Act. This legislation sets up a Hallihan. ples. Millions of American families process to preserve the remarkable with children will get absolutely no re- area famous for such outlaws as Butch HOROWITZ SUDAN RESOLUTION lief at all. We must instead support a Cassidy and the Sundance Kid. Democratic alternative which will both Over the last 3 years, people in (Mr. TANCREDO asked and was given permission to address the House alleviate the marriage penalty and Emery County, Utah, the off-road vehi- strengthen Social Security and Medi- cle users and sportsmen came together for 1 minute and to revise and extend his remarks.) care while paying down the national with county officials, landowners and debt. the Bureau of Land Management to ap- Mr. TANCREDO. Madam Speaker, today I will introduce a resolution We need the surplus to be used in a prove the plan I am introducing today. responsible way that strengthens our This bill would place 2.8 million acres which commends Michael Horowitz for country, not for another political gim- into a legacy district to be managed for the public statement he made last mick, that the American people have the conservation of the region’s histor- week by protesting the lack of action already heard and have already re- ical and cultural resources. This bill that the administration has taken in jected. will allow management that will guar- actively addressing the situation in antee the preservation of the dramatic Sudan. Mr. Horowitz also used this forum in hopes of raising the awareness canyons, wildlife and historic sites of SPECIAL ORDERS the San Rafael Swell. of the American people to the plight of Additionally, this bill will set aside the Sudanese at the hands of the north- The SPEAKER pro tempore (Mrs. about 1 million acres as a National ern totalitarian regime in Khartoum. BIGGERT). Under the Speaker’s an- Conservation Area, withdrawn from fu- Madam Speaker, the civil war in nounced policy of January 6, 1999, and ture mining claims and providing in- Sudan has been raging now for over 17 under a previous order of the House, years with close to 2 million dead. The creased protection for primitive and the following Members will be recog- United States should be doing all it can semi-primitive areas. The Secretary of nized for 5 minutes each. to support the intergovernmental au- Interior, in conjunction with an advi- thority for development, or IGAD proc- sory council, will develop a manage- The SPEAKER pro tempore. Under a ess, in hopes of bringing this horrific ment plan for the National Conserva- previous order of the House, the gentle- chapter in the lives of the Sudanese to tion Area that will provide for various woman from Florida (Ms. ROS- a close. Until peace is finally reached, land uses and the preservation of these LEHTINEN) is recognized for 5 minutes. we should also be supporting those in amazing natural resources for future (Ms. ROS-LEHTINEN addressed the the south who are fighting to keep the generations. House. Her remarks will appear here- iron, long-reaching fist of the northern after in the Extensions of Remarks.) regime from crushing their beliefs and 1015 way of life. Furthermore the administration The SPEAKER pro tempore. Under a ELIMINATING THE MARRIAGE TAX should address and work in conjunction previous order of the House, the gen- PENALTY with others who are leading a cam- tleman from Indiana (Mr. BURTON) is (Mr. WELLER asked and was given paign against companies such as Talis- recognized for 5 minutes. permission to address the House for 1 man Energy and others who are using (Mr. BURTON of Indiana addressed minute and to revise and extend his re- American capital to support their oil the House. His remarks will appear marks.) operations in Sudan at the detriment hereafter in the Extensions of Re- Mr. WELLER. Madam Speaker, over of the southern population. Mr. Horo- marks.) the last 3 years, many of us have asked witz’s act of civil disobedience was a pretty fundamental and basic ques- done in hopes of bringing light to the tion, and that is, is it right, is it fair The SPEAKER pro tempore. Under a inaction and bland policies of our gov- previous order of the House, the gen- that under our Tax Code, 25 million ernment towards Sudan, for it is time tleman from Florida (Mr. SCAR- married, working couples pay higher we truly addressed this regime and the taxes just because they are married. In BOROUGH) is recognized for 5 minutes. policies of terrorism and destruction it (Mr. SCARBOROUGH addressed the fact, the 25 million married working brings to the table with it. couples pay an average of $1,400 more House. His remarks will appear here- in higher taxes just because they are after in the Extensions of Remarks.) married; and 1.1 million of those Amer- RESPONSIBLE TAX PLAN FOR ican working couples live in Illinois, AMERICANS The SPEAKER pro tempore. Under a married couples who pay higher taxes (Ms. DELAURO asked and was given previous order of the House, the gen- just because they are married. permission to address the House for 1 tleman from Washington (Mr.

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.007 pfrm02 PsN: H09PT1 H260 CONGRESSIONAL RECORD — HOUSE February 9, 2000 NETHERCUTT) is recognized for 5 min- So what is being suggested is we use woman from Idaho (Mrs. CHENOWETH- utes. those dollars, we take the cash dollars HAGE) is recognized for 5 minutes. (Mr. NETHERCUTT addressed the from Social Security, we borrow it, we (Mrs. CHENOWETH-HAGE addressed House. His remarks will appear here- write an IOU, and we use those dollars the House. Her remarks will appear after in the Extensions of Remarks.) to pay down the debt by the public. hereafter in the Extensions of Re- However, what happens to the total marks.) Federal debt of this country is the debt PAYING DOWN THE DEBT continues to increase. So we are look- The SPEAKER pro tempore. Under a ing at down the road in the next 10 to ACCOMPLISHMENTS OF THE previous order of the House, the gen- 15 years of having the current debt go REPUBLICAN MAJORITY tleman from Michigan (Mr. SMITH) is way over $6 trillion, even if we were to The SPEAKER pro tempore. Under recognized for 5 minutes. stick with the caps. the Speaker’s announced policy of Jan- Mr. SMITH of Michigan. Madam Here is why I think it is so very im- uary 6, 1999, the gentleman from Illi- Speaker, we have heard a lot about the portant. It is not just the debt and it is nois (Mr. WELLER) is recognized for 60 talk on paying down the debt, and I not just paying down the debt but it is minutes as the designee of the major- think it is very important that Amer- the structure of our entitlement pro- ity leader. ican citizens understand some of the grams that are going to be very, very Mr. WELLER. Madam Speaker, I terminology that is used here in Wash- difficult for our kids and our grandkids look back over the last 5 years and I ington. to pay off. think of when I was first elected in This chart represents what would Right now the FICA tax, the with- Congress in 1994, what were the big happen to the total public debt. The holding tax on payroll is 15 percent of issues of the day. The Democrat Con- total public debt of this country right taxable wages. Right now, approxi- gress and President Clinton had just now is $5.7 trillion. That includes the mately 75 percent of the workers in enacted the biggest tax hike in the his- debt that we owe the Social Security this country pay more in that FICA tory of this country, raising our tax Trust Fund and the debt that we owe tax, that payroll withholding tax than burden to its highest level ever in Wall Street or the debt held by the they do in the income tax. If we do peacetime history. We had massive public, plus the debt held by the other nothing, within the next foreseeable fu- deficits of $200 billion to $300 billion a trust funds. I think this represents the ture, our payroll tax will have to go to potential good news of paying down year as far as the eye could see, and 40 percent of payroll if we do not fix there was a proposed government take- that debt if we were to stick with the these programs of Social Security and caps, the budget caps that we set in over of our health care system. The Medicare, 40 percent of payroll. Then American people did not necessarily 1997, but that is not going to happen. we add income taxes on that for all of Yesterday in the Committee on the like that situation, and they gave the the rest of the Federal programs, we Republicans the opportunity to be in Budget, we heard the director of OMB add another 20 percent of pay that goes say that those caps are unrealistic and the majority for the first time in 40 to State and local government; enor- years. presented the President’s budget. The mous taxes are there, and the potential President’s budget, by the way, in- We said that we were going to meet is a huge disadvantage for the ability the challenges, we were going to bal- creases taxes and fees over the next 10 of this country to stay competitive years by something around $250 billion. ance the budget, we were going to cut with the rest of the world. taxes for the middle class, that we were Next year alone, his tax increase is $9 Some people say well, can this hap- going to reform welfare, and, of course, billion. So he is expanding spending for pen. All we have to do is look at Eu- pay down the national debt. I am proud a lot of people and a lot of programs rope, look at Japan. Already many of to say that over the last 5 years, we with approximately 80 new programs those countries are 40 percent. In have accomplished many of those and a considerable extension and ex- France, the effective payroll with- goals, in fact, every one of them. pansion of another 155 programs. holding in France is now 70 percent. I So those increased taxes and fees are We balanced the budget for the first mean it is no wonder they have a tough what is paying for a significant in- time in 28 years; we cut taxes for the time competing. If we do not do any- crease in the size of the Federal Gov- middle class for the first time in 16 thing in America, we are headed down ernment. He is able to say that he is years. In fact, 3 million Illinois chil- that same road. That is why looking at going to pay down what he calls the dren benefit from that $500 per child entitlement, that is why I am dis- debt of this country. But I think what tax credit. The first welfare reform in a appointed that Steve Forbes has with- we should be very careful in under- generation has reduced our Nation’s drawn from the race, because he is one standing is that what he is talking welfare rolls by one-half, and we over- of the few candidates that laid out a about paying down is the debt held by hauled the IRS and paid down $350 bil- precise, exact solution of what he the public. lion of the national debt. Those are thought was the way to go to keep So- The bottom portion of this chart rep- great changes. On top of that, this past cial Security solvent, to keep Medicare resents the debt held by the public, year, we stopped the terrible practice, solvent and still have the choice of doc- starting now in the year 2000, and what probably Washington’s dirtiest little tors. is going to happen over the next 10 secret, and that is Republicans put a Madam Speaker, I think as we move years. The middle portion is approxi- stop to the raid on Social Security. ahead this year, and moving ahead mately 112 trust funds that we borrow This past year, for the first time in 30 with this budget, I think we need to from in addition to Social Security. years, we balanced the budget without challenge ourselves very aggressively That is the Medicare trust fund, the touching one dime of Social Security, to looking at the problems of entitle- Medicaid trust fund, the transpor- protecting that retirement income for ments, because that is going to be the tation, highways and all of the other our seniors. trust funds. The top trust fund of huge challenge of America and this course is what we have been concen- government in the future. 1030 trating on, and that is the Social Secu- Those are great accomplishments. Of rity Trust Fund. The SPEAKER pro tempore. Under a course, this year we are working to So when it is suggested that we pay previous order of the House, the gen- continue our effort to save social secu- down the debt of this country, what we tleman from Pennsylvania (Mr. PETER- rity and Medicare, to pay down the na- are talking about is that portion of the SON) is recognized for 5 minutes. tional debt, to help our local schools. total Federal debt, approximately $3.6 (Mr. PETERSON of Pennsylvania ad- We also want to bring about tax fair- trillion; but the way we pay it down is dressed the House. His remarks will ap- ness. I thought I would take the next when the cash dollars come in from the pear hereafter in the Extensions of Re- hour to discuss the issue of tax fair- Social Security tax, there is more marks.) ness. money coming in right now from that One of the most fundamental ques- withholding tax than is needed to pay The SPEAKER pro tempore. Under a tions of fairness that I am often asked out current benefits. previous order of the House, the gentle- in the South Side of Chicago, the

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.013 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H261 South suburbs, the rural areas that I There is a case here of a machinist at that we are able to help, not only to represent, is, is it right, is it fair, that Caterpillar. Say he is single, making right a wrong and to quit paying lip under our Tax Code 25 million married $30,500, basically the identical income service to families and to dramatically working couples on average pay almost to Shad and Michelle. If he stays sin- do something for them for a change, $1,400 more in higher taxes just because gle, he stays in the 25 percent tax but this is a time when the President they are married? Does that seem bracket. If he meets a schoolteacher in can show some leadership. right, that under our Tax Code, that 25 Joliet with an identical income of I appreciate what the gentleman has million married working couples pay $30,500, their combined income of done, and I appreciate what the gen- $1,400 more just because they are mar- $61,000, because they choose to get mar- tleman from Indiana (Mr. MCINTOSH) ried than an identical couple with an ried, file jointly, pushes them into the has done. The Members have worked on identical income, identical cir- 28 percent tax bracket. As we can see this so tenaciously for the last 3 years. cumstances, who live together outside from this example, they pay basically I do not know of another item like of marriage? That is not right, is it? the average marriage tax penalty of this. This House over the last few years $1,400 just because they are married. When I do town hall meetings, when has been working to eliminate what we Madam Speaker, it is just wrong that we do web site surveys, and I ask, what call the marriage tax penalty. We sent under our Tax Code this hard-working is the most unfair tax in this country to the President last year legislation machinist and this hard-working today, without exception, by an over- which would have wiped out the mar- schoolteacher who made the choice to whelming majority, every survey that riage tax penalty. Had it been in effect live in holy matrimony pay higher we have done said that we need to and not vetoed by the President, it taxes just because they are married. eliminate the marriage tax penalty, be- would have provided marriage tax re- Mr. RILEY. Madam Speaker, will the cause I think most people in this coun- lief for 25 million couples this year. gentleman yield? try understand, if there is one thing in We are back at it again. In fact, to- Mr. WELLER. I yield to the gen- this country that we need to protect morrow this House is going to vote on tleman from Alabama. and support, if there is one thing in a stand-alone bill, a clean marriage tax Mr. RILEY. Madam Speaker, I come this country that undergirds our very elimination proposal, H.R. 6, which I here today to compliment the gen- society, it is marriage. It is the family. am proud to say has the bipartisan co- tleman for his hard work. In the 3 Anything that we can do to help that sponsorship of 241 Members of the years that I have served in this House, family we need to stand ready to do. House. I do not know of another individual Again, we have 241 cosponsors. We The State of Illinois that I represent that has put in as much time, spent as will pass this tomorrow. I think we will has 1.1 million couples suffering the many hours, on any one issue as the send it to the President. But I think it marriage tax penalty. I have a photo gentleman has. I want to come here is going to be up to each one of us to with me of really a fine example of a and compliment the gentleman for his continue to carry on this dialogue with young couple in Joliet, Illinois, two diligence, his tenaciousness. I am sorry the American people, because this is married schoolteachers who suffer the we did not get this signed into law last the President’s last year. He has said, marriage tax penalty. standing right there in his State of the This is Michelle and Shad Hallihan. year. I have gotten to the point now Union Address, he wanted to do some- They teach in the Joliet schools. They that I have seen this so often that I thing about the marriage tax penalty. I suffer the marriage tax penalty. In feel like I know the gentleman’s cou- hope this president realizes this time fact, Michelle pointed out to me, ‘‘We ple. just had a baby.’’ Of course, they ben- On a more personal note, I have a we need more than a promise, we need efit from the $500 per child tax credit daughter that was married back in more than rhetoric. We need his signa- that we enacted just a few short years September. It is amazing how her abil- ture on that bill. Mr. WELLER. Reclaiming my time, ago, but they suffer a marriage tax ity to understand the marriage tax Madam Speaker, I want to thank my penalty. penalty has dramatically increased Michelle shared. She said, ‘‘Tell your since she now is married and they are friend, the gentleman from Alabama friends in the Congress that if you wipe filing a joint income tax. (Mr. RILEY), for his leadership as an ac- out the marriage tax penalty for the The President has talked about giv- tive member of a team of Members of Hallihan family, that the money that ing relief to married couples, at least the House who have been working so otherwise would have gone to Wash- for the last 7 years. In his State of the hard over the last several years to ington in extra taxes because we are Union this year he addressed this very eliminate what we consider to be the married would buy 3,000 diapers to help penalty. Now we hear from the White most unfair consequence of our com- us care for our child.’’ House that he may veto this. plicated Tax Code, and that is the Tax In the South suburbs of Chicago, I would like to come forward today Code’s bias against marriage. $1,400, the average marriage tax pen- and say to the President, if he ever has Our goal with the H.R. 6 legislation alty, is one year’s tuition at Joliet an opportunity to live up to his word, we will be working to pass tomorrow, Community College and other colleges to do what he has said he will do, if and has 241 cosponsors, as the gen- in Illinois. It is 3 months of day care at there is an unfair tax out there that is tleman pointed out, 30 Democrats have a local day care center. It is real more egregious than this, I would like rejected the pressure from their leader- money for real people. We are going to to know what it is. This is his oppor- ship and are cosponsoring this legisla- be voting on legislation tomorrow tunity to live up to the promises that tion because they agree, it is time we which of course wipes out the marriage he has made to the married couples of help those 25 million couples. tax penalty for a majority of those who the country. Let me share just very briefly what suffer it. It is legislation that helps 25 There is no one, there is no one that this proposal contains that we are million couples. I know of that can defend this. We going to be voting on tomorrow. Ac- It does several things. First, we dou- hear, especially on this side of the cording to the Joint Committee on ble the standard deduction for joint fil- aisle, so often, ‘‘This is only a measure Taxation, which is a nonpartisan or I ers. The marriage tax penalty results to help the rich.’’ should say bipartisan committee that from filing taxes jointly. Michelle and There is one thing about this that is gives those of us in Congress advice on Shad Hallihan, two public school dramatically different. In this bill, as tax matters, I asked them the ques- teachers with incomes that are nearly part of this marriage tax penalty relief tion, when it comes to those who suffer identical, are similar to this machinist bill, this year we are going to increase the marriage tax penalty, and we are and schoolteacher. What causes the the amount a person can earn by $2,000 looking at 25 million married ones, who marriage tax penalty is a married cou- before they are prohibited from filing are they? And of course, they pointed ple files jointly. When you file jointly, for the earned income tax credit. out not only is the marriage tax pen- you combine your income. If you stay So this time we are not only talking alty about $1,400, but half of those who single, you do not. So when you com- about middle class and lower class tax- file jointly and suffer the marriage tax bine your income, that pushes you into payers in this country, we are talking penalty itemize their taxes. The other a higher tax bracket. about a broad spectrum of America half do not. Middle class taxpayers who

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.017 pfrm02 PsN: H09PT1 H262 CONGRESSIONAL RECORD — HOUSE February 9, 2000 itemize their taxes primarily itemize who is earning another $30,500 a year, One thing I would point out to the their taxes because they own a home. and all of a sudden they are bumped up. gentleman from Florida is the primary So as we look at how we can elimi- They have a 28 percent tax bracket, beneficiaries of the proposal that we nate and wipe out the marriage tax which neither one would have been in are going to vote on tomorrow are penalty, we have to keep both home- to the degree they are if they had been those with incomes between $30,000 and owners and those who do not itemize not married, if they had been single $75,000 in combined income. A married their taxes in mind. still. couple with a combined income of There is another consequence in the What we are doing and the gentleman $30,000 will see almost 97 percent of Tax Code with the earned income tax is doing tomorrow, what we did actu- their tax burden eliminated when we credit for the working poor. It is a pro- ally in the bill that the gentleman wipe out their marriage tax penalty. A gram created by Ronald Reagan back helped us with so much last year, the couple making a combined income of in the 1980s to help those in the work tax bill the President vetoed, was to $75,000, and most people do not consider force who are kind of right on the edge try to correct that problem. that rich today, will see about 10 per- so they can get by and raise their fam- It is fairly straightforward, that we cent of their income taxes wiped out by ily and stay in the work force at the want to treat married couples, espe- wiping out the marriage tax penalty. same time. We address marriage tax re- cially those which we consider mod- Mr. MCCOLLUM. Madam Speaker, if lief there. erate to middle-income married cou- the gentleman will continue to yield, I So essentially what we do in the pro- ples, equally and fairly, and the low-in- am very much aware, as the gentleman posal that we are going to vote on to- come people too. is, that the total at the end of the day morrow, and I hope receives over- What is amazing to me, and the gen- that the President is proposing, once it whelming bipartisan support, is we tleman pointed it out, I want to make is even phased in, which is a 10-year help those who do not itemize their sure I am correct about this, what the phase-in just for the itemized deduc- President has all of a sudden come to, taxes by doubling the standard deduc- tion, is only about $45 billion, and ours and he has gotten religion on this, he is tion for joint filers to twice that of sin- is $180. He is only giving tax relief, if saying, I am for the marriage tax pen- gles. For those who do itemize, and you will, of less than one-third of what alty for the first time, but he does not frankly, those are basically home- we are proposing to do, and at the same do the itemized deduction, as I under- owners, one-half of married couples, we time, as the gentleman pointed out so stand it right now. He phases it in. He widen the 15 percent bracket. well, he is only reaching those who would double it, but it would be over 10 Every one of us, every American, the would itemize. He is not reaching those years. We have ours come in right first part of our income, if we make as who otherwise would be wanting to a single about $25 or less, it is taxed at away, as soon as this bill gets into law. I would ask the gentleman, am I not claim, he is reaching those who do not 15 percent, and if one is married, under correct about that? itemize. our proposal, that person can make up Mr. WELLER. Madam Speaker, re- 1045 to about $50,000 as joint filers, com- claiming my time, the President in his He is reaching only those who take bined income, and of course paying the proposal, his marriage tax relief essen- 15 percent bracket. the standard deduction. We reach those tially is 10 years from now. He phases who itemize as well in this proposal. So So we widen the 15 percent bracket it in over 10 years. He only does the in essence, A, the President is not giv- to wipe out the marriage tax penalty standard deduction, which only bene- ing nearly as much relief in dollar for those who itemize their taxes, and fits those who do not itemize. If you amount; B, he is delaying it, not giving for the earned income tax credit, as the are a middle class working married it immediately like this bill would do; gentleman pointed out, we raise the in- couple that owns a home and itemize and, C, he is not beginning to reach the come eligibility threshold for joint fil- your taxes, the President’s proposal, number of people that this bill reaches, ers, so we wipe out the marriage tax even after the 10 years it takes to fully the young people in the categories that penalty for those who participate in phase it in, would provide zero relief. the earned income tax credit. I would also point out that the Presi- have been described. We also have an adjustment in this dent’s proposal after it is phased in I think that makes this an extraor- proposal so no one affected by this leg- after 10 years would only provide relief dinarily important bill to pass, to be- islation is impacted by the alternative for about 9 million couples, versus the come law; and I hope and pray that it minimum tax. 25 million who would benefit from our does. I certainly commend the gen- So we double the standard deduction, proposal to double the standard deduc- tleman, again, for what he has done, widen the 15 percent bracket, help the tion, widen the 15 percent bracket to and I strongly support it. earned income tax credit, we provide help those who itemize, as well as the Mr. WELLER. Madam Speaker, re- protections against that horrible alter- earned income tax credit. claiming my time, I again thank my native minimum tax, and we wipe out Mr. MCCOLLUM. Madam Speaker, if colleague, the gentleman from Florida the marriage tax penalty for almost 25 the gentleman will continue to yield, (Mr. MCCOLLUM), for his leadership and million married ones. the point the gentleman is making is hard work and effort as we work to Mr. MCCOLLUM. Madam Speaker, our proposal, that we are going to have wipe out the marriage tax penalty for will the gentleman yield? down on the President’s desk hopefully 25 million married working couples. Mr. WELLER. I yield to the gen- shortly, would take effect on the Let us be frank here. Of course I am tleman from Florida. itemized deduction portion imme- a Republican and we have been work- Mr. MCCOLLUM. Madam Speaker, diately. ing as Republicans to wipe out the the gentleman from Florida has been a There are phase-in features to the 15 marriage tax penalty over the last sev- real leader in our effort to eliminate percent bracket issue, but we come eral years, but I was pleased the Presi- the marriage tax penalty. The gen- right in and provide immediate relief dent had a change of heart. Last year tleman has been a real leader, as he is with regard to doubling that itemized he vetoed our effort to wipe out the here today. deduction, do we not, I would ask the marriage tax penalty, and he made Like the gentleman from Alabama gentleman? passing reference to it in the State of (Mr. RILEY), I have a son married here Mr. WELLER. Reclaiming my time, the Union speech. So there has been a recently. Every young person who gets the gentleman from Florida is correct. change of position, because it broke married now all of a sudden realizes We double the standard deduction im- the hearts of 25 million couples when what we are talking about is very real. mediately, so for those who do not he vetoed it last year. And it is very unfair, as the gentleman itemize, they provide immediate relief. He has come up with a proposal, as has been pointing out today, to have a Then we begin phasing in over a short we said, as the gentleman from Florida couple, where one earned $30,500 a year period of time the widening of the 15 (Mr. MCCOLLUM) pointed out, that as a single person and was paying a rel- percent bracket to help those who are takes 10 years to phase in. So essen- atively modest amount of taxes, pretty itemizers, such as homeowners. The tially 10 years from now, those who do much in that 15 percent bracket, and earned income tax credit is immediate, not itemize would see their standard then they get married to somebody else as well. deduction doubled. So it barely keeps

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.018 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H263 up with inflation and only provides we have this economy, as we have so own a home, that they still have to pay about $210 in marriage tax relief for many two wage-earner families, that the marriage tax penalty? That is not those couples, 9 million couples. we do take on eliminating the mar- right. The proposal that we are bringing to riage penalty. I know tomorrow and later today we the floor tomorrow, H.R. 6, the Mar- I think it is awfully important. We may hear a debate from the Democrats riage Tax Elimination Act, has 241 co- talked a bit about the tax relief it pro- saying they do not want to help home- sponsors, including a dozen Democrats. vides, but to me it is a matter of fair- owners. They will just say they only We provide, as we essentially wipe out ness because we do have so many cou- want to help those who do not itemize. the vast majority of the marriage tax ples who are forced into two wage-earn- Well, I know of thousands of middle- penalty, up to about $1,250 in marriage er situations. As we all know, the Tax class, married couples who are home- tax relief for married couples. We ben- Code and the IRS suffer a lack of re- owners who itemize their taxes in the efit 25 million married working cou- spectability. district that I have the privilege of rep- ples. So many of us do not have a high re- resenting. One half of married couples, Think about it. What is $1,200? That gard for the Tax Code and all the ab- and there are 1.1 million married cou- is several months’ worth of car pay- surdities in it. This perhaps is at the ples in Illinois that suffer the marriage ments, 3 months of day care for a fam- top of the list. tax penalty, so over 500,000 of them ily with children that are in a child When we talk to our constituents itemize their taxes because they prob- care center. It is, of course, a down about what they dislike most about the ably own a home or they give money to payment on a home. It is a contribu- IRS code and paying taxes, this is it. charity or their church or synagogue tion to an individual retirement ac- People are willing to pay their fair or temple or mosque, or they have col- count. It is real money for real people. share. People are willing to work with lege expenses that are paying off stu- So this is why it is so important that a Tax Code that is fair; but when we dent loans. Those folks itemize and the we work in a bipartisan way. take a look at how we punish these alternative that the Democrats are That is why I really want to salute working couples, obviously there is going to call for tomorrow will not pro- my friend, the gentlewoman from Mis- nothing fair about that Tax Code. vide marriage tax relief to them. souri (Ms. DANNER), for her leadership Finally, I think the gentleman boiled They will just say, sorry, they still as a Democrat, our chief Democrat co- it down to its most important element, have to pay the marriage tax penalty, sponsor of H.R. 6, and for her efforts to the type of tax relief that we are poised and that is not right. It is not fair. make this a bipartisan effort, because to provide, hopefully on a bipartisan Madam Speaker, I would be happy to that is what it should be. Politics measure and hopefully the President yield to the gentleman from South Da- should not stand in the way of our ef- will give in and sign this, in very prac- kota (Mr. THUNE), who has been an- forts to eliminate the marriage tax tical terms it will make an important other leader in our effort to wipe out penalty. difference. Whether it be affording the marriage tax penalty. Madam Speaker, I would be happy to health insurance or affording day care, Mr. THUNE. Madam Speaker, I yield to the gentleman from Wisconsin this is real money and this is a real dif- thank the gentleman from Illinois (Mr. (Mr. GREEN). ference for working couples. WELLER) for yielding. Mr. GREEN of Wisconsin. Madam The timing could not be better. It is The gentleman from Illinois (Mr. Speaker, I thank the gentleman from critically important that we not only WELLER) has been an outspoken advo- Illinois (Mr. WELLER) for yielding, and pass it, but pass it through both Houses cate. I have cosponsored his bills in also I congratulate him as we stand, I and get it signed as quickly as possible, past sessions of Congress, at least in think, on the threshold of a wonderful so the great prosperity that we all my first term in Congress as well as victory. I am a freshman, obviously, point to with pride can be enjoyed by this current one, and the gentleman but I can say this, that from the first working couples all over America. has spearheaded and led the effort to day that we met over a year ago, the Once again, I congratulate the gen- remove this crushing burden on mar- gentleman has been preaching the gos- tleman for his hard work. He has done ried couples in this country, and so I pel of eliminating the marriage pen- a great job, and I am real excited about credit with him that, and elevating it alty; and finally it has become a cho- what is going to happen tomorrow. to the level where actually we are rus, and I think again we are poised to Mr. WELLER. Madam Speaker, re- going to have a vote on this, which I do great things. I congratulate the gen- claiming my time, I thank the gen- think is a remarkable accomplishment. tleman for his hard work. I think we tleman from Wisconsin (Mr. GREEN) for Again, it is a great credit to the hard are poised to do great things. his leadership as one of the new Mem- work and effort the gentleman has put Something I would like to add to it, bers that has joined our effort to wipe into it. why this is especially appropriate to out the marriage tax penalty. I think it is entirely appropriate. take up right now, the President in the The gentleman from Wisconsin (Mr. Moreover, it is a moral imperative that State of the Union speech talked about GREEN) really pointed out a really im- we get rid of the marriage penalty and all the wonderful things that are occur- portant point. This is all about fair- the Tax Code. A lot of people, I think, ring in the American economy, and he ness. As we have often asked in this de- who probably listen to what comes out should. There are a lot for all of us, Re- bate over our efforts to wipe out the of Washington as we talk about this publican and Democrat, to be proud of. marriage tax penalty for 25 million whole issue probably think to some de- Unemployment is at a 30-year low. In- American working couples who pay gree that it is a discussion like a lot of flation is relatively low. The economy $1,400 more in higher taxes just because things in Washington in the abstract; is growing at historic levels. Wonder- they are married, is it right? Is it fair? this is some theoretical thing. The re- ful, wonderful things. I do not believe that there is one ality is, this is a real issue which af- There is a dark side to it. We also American who believes that the mar- fects real people in a very real way. have to understand that so many riage tax penalty is fair; that our Tax Think about the number of married American couples have to have two Code punishes 25 million married work- couples who are out there. The mar- wage earners. Now, if families decide to ing couples. That is 50 million Ameri- riage penalty strikes hardest really at make that choice, that is one thing; cans who pay higher taxes just because middle-income families. Most marriage but so many families have to have two they are married. That is not fair. penalties occur when the higher earn- wage earners just to make ends meet in My biggest disappointment, as we go ing spouse makes somewhere between this economy. So there are so many into this debate tomorrow, is that the $20,000 and $75,000 a year; and I will wonderful things. President says that he only wants to give an example of someone who came The tough side is that many families help those who do not itemize their into my office a few weeks back who do have to have two wage earners. If, in taxes. So is it really fair that if there fits right into that category. They are fact, economic reality is forcing that, is a young married couple or older mar- a young couple who live in Sioux Falls, then it is particularly unfair that we ried couple who pursues the American South Dakota. They have two children. have a Tax Code that punishes that. So dream and buys a home and, of course, One of them works, makes about it is especially important right now, as many itemize their taxes because they $46,000 a year, the other one about

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.020 pfrm02 PsN: H09PT1 H264 CONGRESSIONAL RECORD — HOUSE February 9, 2000 $21,000 a year. As they sat down and year for the benefit of being married. have seen now that as the surpluses calculated their taxes this year, they We all know that marriage is a costly start to mount up, a lot of it has to do came to the harsh realization that they proposition at times, which certainly with the measure of fiscal responsi- were going to pay $1,953 more for the should not be added to through the Tax bility, fiscal restraint, the resolve that privilege and benefit of being married. Code and he said that is exactly right. the class of the gentleman from Illinois That is flat wrong. That is something That is about the level of taxation that (Mr. WELLER), when they came to this that needs to be changed, and I could the marriage penalty would impose on Congress and took over the Congress in not help but sympathize with his situa- a working couple in this country. 1994, and those of us who joined them tion because I think it is typical of So it is long overdue. This is some- later had in order to put us in a posi- many throughout this country, thing which we just have no choice, no tion where we could make this change. throughout America, certainly alternative, but to deal with. I would It is a fundamental issue. It is an throughout my home State of South certainly hope, as we move forward in issue and a matter of fairness. It needs Dakota, where there are a lot of hard- this debate, that we will see some to be done. As we move this through working couples who have children who movement on the part of the White the House tomorrow, I hope the Senate are both working, trying to make ends House. will act on it and the President will meet, trying to put a little aside for re- I appreciate the fact that there are sign it into law and we can end this tirement, trying to put some money folks on the other side of the aisle who burden once and for all. have seen the wisdom in taking care of aside for their kids’ education, pay the 1100 bills, raise their children, live their this issue, have cosponsored the legis- lives and who should not have to be pe- lation of the gentleman, and will be So, again, I thank the gentleman nalized for doing that. helpful I think as this debate ensues in, from Illinois for the leadership effort Frankly, that is exactly what has again, driving home the point that this that he has made on this issue and happened over time is this marriage is something that just as a matter of again would offer my full effort, sup- penalty has become more and more of a fundamental principle, an axiom of port, anything that I can do to make burden in our Tax Code. As this drum- fairness in the Tax Code, needs to be this become a reality. beat continues to go on in the effort addressed. Mr. WELLER. Madam Speaker, re- that the gentleman has led to move So I am happy to participate in this claiming my time, I want to thank the this issue forward, to elevate it in peo- effort, to be a cosponsor of the legisla- gentleman from South Dakota (Mr. ple’s minds across this country, I think tion, and will work vigorously to see THUNE) for his tireless work on our ef- we have gotten to the point where, in that this burdensome, onerous, crush- forts to eliminate the marriage tax fact, we may even have a President ing burden that we have in the Tax penalty. who when this reaches his desk, and Code today is removed once and for all As the gentleman from South Dakota hopefully it will soon, he will be forced and that we liberate married couples in (Mr. THUNE) pointed out, it is all about to sign it because his pollster is going this country in a way that will allow fairness. As we work this year to pay to tell him he has to. The President ob- them to provide for their family’s fu- down the national debt and help our viously has shown a great aptitude for ture and restore some level of fairness local schools and strengthen Social Se- seizing on issues which meet with pub- in the Tax Code today. curity and Medicare, we also want to lic approval, and I think this is a case So I appreciate again the effort that work to make the Tax Code fair. A lot in point. I think he has sort of co-opted the gentleman has made and would just of us believe that the most unfair con- it. say to him that on behalf of the people sequence of our complicated Tax Code What the President proposed in his that I represent in the State of South is the marriage tax penalty suffered by effort to address the marriage penalty Dakota, this is certainly going to be a 25 million married working couples in the Tax Code is small. He has basi- very welcome thing. It is a very real who, on average, pay $1,400 more just cally come up with a quarter of the issue which affects real people in a because they are married. plan that we have. very real way on a daily basis. Now, tomorrow we are going to have The President has essentially pro- The gentleman alluded to earlier the an opportunity to vote on legislation posed marriage without the honey- things that could be paid for if it was which will essentially wipe out the moon. He is going to give people a lit- not costing an additional $1,400 a year marriage tax penalty for 25 million tle bit of tax relief from the marriage to pay for the cost of this marriage couples. I am disappointed that those penalty but, frankly, only addresses penalty, from child care, to college, to on the other side, particularly the about 9 million couples where the leg- car payments, to school clothes for the Democrat leadership and some of the islation that the gentleman has au- kids, to a family vacation perhaps. bureaucrats down at the Treasury De- thored and which we will vote on to- Health insurance is something that we partment, only want to help about one- morrow helps 28 million working cou- have been trying to address, free up ad- fourth of those who suffer the marriage ples in this country, eliminates this ditional resources so that people in tax penalty. crushing burden, this punitive burden this country can afford to have health In fact, they say if one owns a home from the Tax Code and, frankly, I care; a down payment on a home, per- and itemizes their taxes, they do not think restores some level of fairness to haps putting money aside into an IRA want to help one. I do not think that is the Tax Code. or retirement plan. There are so many fair either. If we want to help those So I would hope that as we have this things that if we look at it in the over- who suffer the marriage tax penalty, debate and hopefully as people across all picture, where this is tremendously we should help everyone who suffers America hear this debate over the beneficial to the people that we really the marriage tax penalty. course of the next several days that the want to help in this country, and those I find, whether I am at a union hall, pressure will build, it will mount. Peo- are those folks who get up every morn- the steelworkers’ hall in Hegwish in ple are realizing what this is. I had an ing, the people that I represent in the south side of Chicago, or a grain el- opportunity to visit with a tax ac- South Dakota who get up day in and evator in Tonica, or the Weits’ Cafe in countant this week and discussed with day out, work hard to pay the bills, to my hometown of Morris, Illinois, re- him what we were looking at doing. He make that living and hopefully put a gardless of folks’ background or what could not have been happier to see little bit aside for retirement. This is they do for a living, if they are filing that. As I shared with him some of the one way that this Congress can help, in jointly and they are married and they particulars of the people who have con- a very profound way, them get that job both work, they suffer the marriage tacted me about this, he says that is done. tax penalty. exactly right. I think we are in a position to do this We should help everyone who suffers I said I cannot imagine that someone because of a lot of the decisions that the marriage tax penalty. The proposal in a middle income at that time cat- have been made in the last couple of we are going to pass, hopefully with an egory with two young children, who years in the area of fiscal responsi- overwhelming bipartisan vote of sup- are both working, are going to pay bility on behalf of people in this coun- port tomorrow, will wipe out the mar- $1,900-plus dollars more in taxes this try getting spending under control. We riage tax penalty for a vast majority of

VerDate 27-JAN-2000 00:21 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.022 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H265 those who suffer it, helping 25 million often to women. The fact is that the to the House Committee on Ways and married working couples who suffer marriage tax penalty is biased against Means as well as other Members of the from the marriage tax penalty. the spouse that has the lower income, House and Senate, if a married couple It is all about fairness. Let us be fair which, unfortunately, oftentimes is the has a combined income of $30,000, to everyone who suffers the marriage wife. This happens because the mar- which is a pretty moderate income, tax penalty, those who itemize, those riage couple’s income is pooled, and the they would see almost 94 percent of who own a home, as well as those who first $43,050 of combined income is their tax burden wiped away as a result do not itemize, those under earned in- taxed at 15 percent. Combined income of this legislation. If a couple has a come credit all benefit from our effort above this amount is taxed at 28 per- combined income of $75,000 between to wipe out the marriage tax penalty. cent. That is highly unfair, because if husband and wife, they would see about Madam Speaker, I am happy to yield the married couples were single, both a 10 to 11 percent reduction in their tax to the gentlewoman from Texas (Ms. incomes would be taxed at 15 percent. burden as a result of wiping out the GRANGER), and I appreciate very much The House bill fixes this problem by marriage tax penalty. That is real her leadership and her efforts to wipe doubling the single earner deduction money when we think about it. out the marriage tax penalty. for married couples. The average marriage tax penalty is Ms. GRANGER. Madam Speaker, I I look forward to passage of H.R. 6, $1,400. It is just not right that marriage am glad to join my colleagues who the Marriage Tax Penalty Elimination couples pay an average $1,400 more be- come to the floor of the House today to Act, and I look forward to voting that cause they are married compared to an talk in support of eliminating the mar- and going back to my district and say- identical couple with identical couple riage tax penalty. As the gentleman ing, I have done something to make who are not married and may live to- from Illinois (Mr. WELLER) said, it is this Tax Code fairer. I think it is the gether. unfair and un-American penalty. first step in other steps that we need to Back in the south suburbs of Chicago I want to thank Speaker HASTERT provide a tax that people understand, and the area I represent, there are 1.1 and the gentleman from Texas (Chair- they believe is fair and equitable. million Illinois married couples who man ARCHER), who is doing a superb job I appreciate the gentleman from Illi- suffer the marriage tax penalty. Four- in his final year in service to Texas and nois (Mr. WELLER) very much for his teen hundred dollars is 1 year’s tuition the Nation, and certainly the gen- leadership in this stand. for a nursing student at Joliet Junior tleman from Illinois (Mr. WELLER) who Mr. WELLER. Madam Speaker, re- College, our local community college. has been a tireless advocate for mar- claiming my time, I want to thank the It is 3 months of day care for a family riage tax penalty relief. There are a number of items in our gentlewoman from Texas (Ms. GRANG- with children with a child in a local Nation’s Tax Code that are un-Amer- ER) for her leadership and efforts to child care center. So it is real money ican and unfair and in need of imme- wipe out the marriage tax penalty. She for real people. diate reform. But I cannot think of a has made a very important point that Madam Speaker, I am happy to yield tax that is more offensive or unfair those who really suffer the most from to the gentleman from Minnesota (Mr. than the marriage tax penalty. When the marriage tax penalty tend to be GUTKNECHT) who has been a real leader couples walk down the aisle to say ‘‘I working women. Traditionally, and it in our effort to bring fairness to the do’’ to each other, they should not be is changing, but traditionally the sec- tax code by eliminating the marriage saying ‘‘I do’’ to the IRS. ond earner has been a women. Now it tax penalty. I am also pleased that President Clin- has changed where more women are be- Mr. GUTKNECHT. Madam Speaker, I ton has come around to our side in coming the primary bread winner, but thank the gentleman from Illinois (Mr. favor of fixing this tax. After all, how traditionally that has not been the WELLER) and especially for this special could anyone argue that it is fair to re- case. order and all that he has done over the quire couples to pay more tax simply Right now, if a woman is in the work last several years to call the public’s because they choose to get married? force, that causes a marriage tax pen- attention to this. We are not talking about rich or alty. It is just not right that she is I was thinking, if one had been Rip wealthy couples. We are talking about punished, as well as her husband, if she Van Winkle and had fallen asleep 40 regular, hard-working couples that goes into the work force because they years ago and one woke up and one re- have no choice but work as husband want a little extra money to make ends alized how much this government, the and wife to pay the bills together, to meet and care for their children. Federal Government the State govern- make ends meet, and to save for a So, clearly, as we work to eliminate ment, the local government, how many house or start a family. the marriage tax penalty, there is a lot different taxes they lay on people and Twenty-five million American fami- of people who benefit, 25 million mar- have imposed over the last 40 years. We lies have to pay an average marriage ried working couples who benefit from finally reached a point where the aver- tax penalty of $1,400. In fact, over 60,000 our efforts to wipe out the marriage age family, according to the Tax Foun- couples in my district alone, in my tax penalty. dation, the average family in America congressional district, the 12th District As the gentlewoman from Texas (Ms. now today spends more for taxes than of Texas, pay that penalty. Couples GRANGER) also pointed out, the pri- they do for food, clothing, and shelter should not be penalized because they mary beneficiary of the legislation combined. I mean, who would have chose to commit themselves in the that we are going to vote on tomorrow thought that 30 or 40 years ago? holy bonds of marriage. are those with incomes between $30,000 But more importantly, who would The legislation that will pass the and $75,000 in combined income, joint have even imagined that we would have House tomorrow provides four times income between husband and wife who found a way or Washington would have more relief for working couples than suffer the marriage tax penalty. found a way to tax marriage. I mean, it the President’s proposal. In fact, the With the legislation we are going to really is almost preposterous on its President’s proposal will provide up to pass out of the House tomorrow, hope- surface to even think about a fact that $210 in tax relief per couple. But our fully with an overwhelming bipartisan married couples pay extra taxes just legislation, H.R. 6, provides up to $1,400 support, and I would note that there because they are married. in tax relief per couple. are 30 Democrats that are cospon- I have to tell my colleagues a story. The President’s plan would double soring, along with a total of 241 bipar- My wife, Mary, and I have been mar- the standard deduction for married tisan cosponsors, almost every Repub- ried 27 years. Okay. And she has been couples over 10 years. Our plan would lican is a cosponsor of this bill, that we dealing with me for all of those years. double the standard deduction next wipe out the marriage tax penalty. We probably do not have all that com- year, make it immediate. The Presi- But also for a couple making $30,000 a plicated of taxes. But she is a much dent’s plan would help about 9 million year, we essentially wipe out their tax better accountant than I am, so she American couples, but our plan would burden entirely. In fact, according to does our taxes. We have actually gone help 28 million American couples. the Joint Committee on Taxation, a bi- to tax preparers. We have had CPAs do I want to take a moment to talk es- partisan tax advisory panel that gives our taxes in the past. The truth of the pecially about how this tax is unfair tax advice when it comes to tax issues matter is I think my wife, Mary, does

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.024 pfrm02 PsN: H09PT1 H266 CONGRESSIONAL RECORD — HOUSE February 9, 2000 a more thorough job than anybody allow the American people to under- the floor tomorrow is that it ought to else. stand what this means to them, their be retroactive. I believe we have the Well, this weekend, she did our taxes. families, their future. money in the budget this year so that She was not in a good mood. Because In some respects, this is a debate as people are doing their taxes this she also works part time as a teacher about fairness. But at the end of the year, as they are beginning to fill out in a nursery school in Rochester, Min- day, it is also a debate between the their tax forms, there ought to be a nesota, and she loves the job. In fact, family budget and the Federal budget. way we might be able to do something she does not do it for the money be- Since the gentleman from Illinois and I retroactively. Not just for next year cause, after 12 years, I think she is up came here in 1995, we have really had a but this year. Let us eliminate this to about $10 an hour, something like battle on our hands to control Federal marriage penalty now. that. She certainly does not do it for spending. Finally, let me say this is not a de- the money. She does it because she en- There is a lot of good news. We have bate between the Republicans versus joys the kids, she enjoys the work, she moved from a $220 billion deficit to the Democrats. This is not even right enjoys the school. now, for the first time in the last 2 versus left. This is a debate of right But after doing our taxes and real- years, we have had real surpluses here versus wrong. And it is simply wrong izing how little she gets to keep of her at the Federal level. That happened be- to make married couples pay extra paycheck at the end of the day, she cause we recognize that if we dramati- taxes simply because they have a mar- said, ‘‘You know, it is time you guys cally slow the rate of growth and Fed- riage certificate. The gentleman knows eral spending, it was not that long ago eliminate this marriage penalty tax, this, I know it, and the American peo- Federal spending was growing at 6, 8, because if I were taxed at the 15 per- ple now know it. 10, 12 percent per year. Well, the last cent level for what I do, it would be at In fact, if anyone wants to visit least worth it.’’ several years, Federal spending has been growing at a slower rate than the our Web sites, my own Web site I think the illustration the gen- is gil.house.gov. That is tleman from Illinois has of that attrac- average family budget. In fact, even this President, and we www.gil.house.gov. And if people go to tive young couple there, I want to that Web site, Members or people who make a couple of points. The President, have to congratulate him on this, the budget he submitted the other day might be watching this, if they go to and I think many of us, have been talk- that Web site, there is actually a calcu- ing about the importance of education calls for an increase in total Federal 1 lator there. It takes a few minutes, but and why we need to attract more good spending of 2 ⁄2 percent. Next year, we believe, and the economists we talked they can see if they are a married cou- people into the field of teaching. ple, both working, how much they are But if we really look at this, we to believe that the Federal budget 1 currently paying in terms of a mar- found out with some research in our should grow at somewhere around 2 ⁄2 riage penalty. district, for example, this marriage percent. But the average family budget 1 penalty affects 70,000 married couples in America is growing at 3 ⁄2 percent. The idea of saying, well, we are going Now, that is a tremendous success in the First Congressional District of to do this for people who do not itemize story. If we can keep that kind of mo- Minnesota. The interesting thing is, but we will not do it for people who mentum going and limiting the growth and we do not have the hard evidence itemize, in my opinion, that does not in the Federal budget to less than the yet, in the discussions that we have really solve the problem. In some re- growth in the average family budget, it had and the phone calls we have had in spects it makes the unfairness even means we are going to see real sur- our office, and extrapolating some worse. So I congratulate the gentleman pluses. Those surpluses can go to pay things, we have come to the conclusion and the members of the Committee on down debt. Those surpluses can go to that one of the groups that is punished Ways and Means. As I say, it is not a make certain we protect Social Secu- the most by this marriage penalty tax, debate between Republicans versus rity and have generational fairness. the ones who have to pay the extra Democrats; it is not even right versus But I think also some of that surplus left. It is right versus wrong. The sys- taxes more often than anybody are ought to go to correct some of these teachers. tem is wrong, we have a chance to cor- unfair inequities in the tax code. One rect it, the surplus is there, and part of It is interesting how many teachers, of the most glaring examples is this if one gets into it and goes into a that surplus ought to go to changing marriage penalty tax which married this glaring error in the Tax Code. So school system, one finds that the art couples have been paying. teacher is married to the English I congratulate the gentleman. I also want to say this, in this debate Mr. WELLER. Madam Speaker, re- teacher or vice versa, or the principal between the Federal budget and the is married to an elementary teacher. claiming my time, I want to thank the family budget, I know the Federal Gov- gentleman from Minnesota, who has Or in many cases one may have one of ernment, and I know the family, and I the spouses who works at a local plant been a tireless advocate for wiping out know the difference. I know who can the marriage tax penalty and speaking and a teacher who works. spend that money smarter. If that But if one stops and thinks about it, out on behalf of families in Minnesota. young couple or some of the people I appreciate very much his leadership. one of the groups that is affected more that I have talked to in my district has The gentleman from Minnesota made than any other single group are teach- an extra $1,400, $1,500, $1,600 a year, I an important point. He said that the ers. If we want to attract people into believe that they can spend that money legislation we are going to pass out of the education profession, it seems to a whole lot smarter than the Wash- the House of Representatives tomor- me the last thing we ought to do is ington bureaucrats can. I think they row, hopefully with an overwhelming punish them for getting married. can get more value for it. I think in the bipartisan vote, is a stand-alone bill So this is about fundamental fair- end of the day, if we allow those people that does one thing, and that is this ness. I know that the President and to keep, spend, or invest their own legislation wipes out the marriage tax some people say, well, what we need to money, we are going to keep this econ- penalty for couples like Shad and do is just tinker around the edges, and omy growing and stronger as we go for- Michelle Hallihan, two public school we want to provide some relief to cer- ward. tain targeted groups. Well, in my opin- teachers from Joliet, Illinois. If we ion, if something is unfair, we ought to 1115 think about it, last year, when Presi- pull it out by the roots. So it is about generational fairness, dent Clinton and Vice President GORE So I am going to congratulate the it is about fundamental fairness, it is vetoed our efforts to eliminate the gentleman from Illinois (Mr. WELLER) about the difference between the fam- marriage tax penalty, it was part of a and all the Members of the Committee ily budget and the Federal budget. And package. There were other tax unfair- on Ways and Means for the work they if we continue to control Federal ness issues we were trying to address. have done to try and eliminate this un- spending, we can provide this kind of And President Clinton and Vice Presi- fairness. It should never have been al- tax relief. We can do it this year. dent GORE said they would much rather lowed to happen in the first place. Now In fact, the only argument I might spend the money than bring fairness to is a chance to, on a stand-alone bill, to have against the bill that will be on the Tax Code.

VerDate 27-JAN-2000 01:04 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.026 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H267 This year there are no excuses, be- now, and now those two income earners our House Speaker, the gentleman cause we are going to send to the Presi- are working multiple jobs. It squeezes from Illinois (Mr. HASTERT), that we dent a stand-alone bill that does one the time that we can spend with our are going to do something that is a thing, wiping out the marriage tax pen- children. There is a real crunch there. good idea. We are going to send to the alty for those who suffer it, and that is We have got to give the American fam- President a stand-alone bill that does 25 million married working couples ily some tax relief. This is one step in one thing. So there are no excuses. who pay higher taxes just because they that direction. We must roll back the There are no excuses for Bill Clinton to are married. It is not right. It is not layers of taxation on the American veto this bill this time. And that is we fair. people, and we must have a tax pro- are going to send to the President leg- Madam Speaker, I yield to the gen- gram that encourages marriage and en- islation that will help 25 million mar- tleman from Tennessee (Mr. WAMP), courages families. ried working couples by bringing fair- who has been a tireless advocate as The third point. We need to advocate ness to the Tax Code, that wipes out well in our efforts to wipe out the mar- pro-family tax relief for the institution the marriage tax penalty. riage tax penalty. of marriage and the institution of fam- The proposal we will vote on tomor- Mr. WAMP. Madam Speaker, I thank ily. We need to go beyond this. We need row does several things. It helps those the gentleman, and I especially thank to look at some of the systemic prob- who do not itemize, by doubling the the gentleman for all the work that he lems with early childhood develop- standard deduction for joint filers to has done. He is the bulldog around here ment, to use our Tax Code to give fami- twice that of singles, and that will for marriage tax penalty relief. It is lies the ability to stay with their chil- take care of about 9 million couples. many years he has been working day in dren more in those early formative We also widen the 15 percent bracket to and day out to bring us to this point. years. help those who itemize their taxes. And Tomorrow we will actually have this This past year I was vice chairman of as we all know, the primary reason significant vote. We have even brought this bipartisan working group on youth middle-class families itemize their the President to this issue. And I think violence. We found many things taxes is because they own a home. So if through that great process, and other there is now some bipartisan support we want to help those other couples, Members in this chamber today were around marriage tax penalty relief. and we are going to help 25 million cou- part of that process; and one of the But I wanted to make four points ples, we have to help those who things that was undeniable is that vio- today about this very important initia- itemize; those who own a home and lent behavior or any kind of adverse il- tive. First, the marriage tax penalty is pursue the American dream. They legal-type behavior manifested among a penalty. So when people say tax cuts, should not have to continue paying the teenagers is actually traced back to and we have had all this rhetoric about marriage tax penalty just because they their loving, tender care at an early tax cuts, this is actually a penalty. So are a homeowner. That is wrong. age from their parents. If a teenager is we want to do away with penalties. We also help those who participate in violent, they were probably neglected This is an equity issue, a fairness issue. the earned income credit, the working or abused or mistreated as a small per- Frankly, I think it is very similar poor. Those who are at the edge that son. There is a direct connection with with the death tax. I think the death need a little extra help. Of course, Ron- a loving, caring parent and good behav- tax is grossly unfair. Since that money ald Reagan created the earned income has already been taxed while an indi- ior later in life. We need a Tax Code that really en- credit program back in the mid-1980s to vidual is living, it is grossly unfair courages the stay-at-home opportunity help families that are working poor when they die the money is taxed for a mom or a dad, or whatever the and of course want to be in the work again. And so those really are the two family chooses, so that our young peo- force and be able to support their chil- linchpins of equitable taxation, is to ple have more family time with their dren and raise their families in a good eliminate this marriage tax penalty parents. So this type of tax policy, one quality of life. and to eliminate the death tax. I think that eliminates the marriage tax pen- So we wipe out the marriage tax pen- we should try to do both, and I am very alty, one that encourages families to alty for 25 million married working encouraged that we are bringing Demo- spend more time together, quality couples, we help those who itemize and crats and Republicans together around time, and allows families to economi- suffer the marriage tax penalty, and we this first step, which is marriage tax cally stay ahead but also spend more help low-income families. And under penalty relief. time together in bringing our children our proposal, according to the Joint Also, I want to remind everyone in up in the proper way in this country is Committee on Taxation, the biggest this House that when I was born, in at the heart of a great society. beneficiaries are those with incomes 1957, the combined State, local, and We should be a great society. In order between $30,000 and $75,000. In fact, for Federal tax liabilities of the average to do that, we need to come together in a couple making $30,000 in combined in- American was less than 10 percent. My a bipartisan way and pass this with come, 97 percent of their Federal in- father reminds me of that often. Ten overwhelming support and send a mes- come tax is wiped out when we wipe cents on the dollar. Down South they sage to the President that it is time out their marriage tax penalty. For have that bumper sticker that says now to sign marriage tax penalty re- those making $75,000, we reduce their ‘‘What is good enough for Jesus ought lief. And I thank the gentleman for tax burden by about 11 percent when to be good enough for Uncle Sam.’’ And yielding. we wipe out their marriage tax pen- that is the 10 percent figure. Today, Mr. WELLER. Madam Speaker, I alty. though, that combined tax liability for want to reclaim my time and thank I think of young couples like working Americans is approaching 50 the gentleman from Tennessee for his Michelle and Shad Hallihan, two public percent. leadership in helping families. He has school teachers in Joliet, Illinois, who Now, we have held the line on taxes been a tireless advocate in making the suffer the marriage tax penalty. They for the last several years and that is Tax Code fair. That is what it is all both teach in Joliet public schools. good. We have a good economy, and about. Our goal is to make the Tax They just had a baby, and they are ex- there are many economic benefits of Code fair for working families, those cited about that. And as Michelle told what is going on in this country. But who work hard, pay their bills on time, me, she says if we can convince the we must recognize that the trend to- and pay their taxes on time. They all Congress and the President to wipe out wards higher taxation is not a favor- tell me they pay too much in taxes, but the marriage tax penalty, what the able trend. And if this continues, the they complain even more about how marriage tax penalty means to couples young people in this country will be unfair the Tax Code is; that it is too like Michelle and Shad Hallihan is saddled with so much of their take- complicated and that our Tax Code about 3,000 diapers for their newborn home pay going back to the govern- punishes marriage, it punishes family, child. ment in taxes that they will not be it punishes those who are entre- The marriage tax penalty is real able to survive. preneurs and create small businesses. money for real people. It is $1,400 on Frankly, there are many families Clearly, a decision has been made by average. Twenty-five million married that have to have two income earners our leadership, under the leadership of working couples suffer the unfairness

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.028 pfrm02 PsN: H09PT1 H268 CONGRESSIONAL RECORD — HOUSE February 9, 2000 of the Tax Code when they pay $1,400 nounced policy of January 6, 1999, the debt, this $3.8 trillion dollars of hard more in higher taxes. In the south sub- gentleman from Tennessee (Mr. TAN- debt that we owe. urbs of Illinois, on the south side of NER) is recognized for 60 minutes as the Madam Speaker, we are going to in Chicago, the area I have the privilege designee of the minority leader. this House tomorrow, I guess, start of representing, $1,400 is 1 year’s tui- Mr. TANNER. Madam Speaker, I taking up individual pieces of tax tion at Joliet Junior College, the local know all of us here join with the gen- measures that are all very, very pop- community college. It is 3 months of tleman from California (Mr. DREIER) ular. All in my judgment or some of day care. It is several months of car with regard to the gentlewoman from them need to be done. payments. $1,400, the average working California (Mrs. CAPPS) and her family. You know what? We do not have a tax penalty, is a significant contribu- Madam Speaker, we have some Blue budget. I do not know where the mar- tion to an individual’s retirement ac- Dogs that are going to show up down riage penalty fits in to anything. Is it count, those IRAs. It is real money for here on the floor in a few minutes. And more important than raising the pay of real people. as many of the Members know and the men and women in the uniform Tomorrow, H.R. 6, the Marriage Tax some here know, the Blue Dog Coali- service of this country that risk their Elimination Act, will be brought to the tion is a group of around 30 Democrats lives? floor of this House to be debated. My who have concentrated for the last 3 or Is it more important, is it a higher hope is it will pass with an over- 4 years on budgetary and financial priority than doing something for the whelming bipartisan majority. It is all matters that this country faces. veterans who we promised we would do about fairness, bringing fairness to the We are going to talk for the next few something for years ago, if they would Tax Code. My hope is Democrats will minutes about our Nation’s fiscal and give us their productive lives? I do not join with Republicans in wiping out the financial integrity and, as importantly, know. marriage tax penalty. what it means to the young people in We do not have a budget wherein we I am pleased that thanks to the lead- this Nation as we are poised today real- fit priorities. Is this a higher priority ership of my colleague and friend, the ly at a crossroads. than, for example, medicine? We know gentlewoman from Missouri (Ms. DAN- I hope that those who listen will be that rural providers in this country are NER), who is our chief Democratic co- somewhat informed or enlightened having a hard time keeping the doors sponsor of H.R. 6, we have 30 Demo- after we are through. I am joined by open. Some of them will close if we do crats that have joined as cosponsors as the gentleman from Texas (Mr. TURN- not do something about that. And you part of the 241 that are in support of ER) at the moment. know what happens when some of them this bill. Tomorrow is a big day. Let us Before I recognize the gentleman close? Somebody, maybe your father or wipe out the marriage tax penalty. Let from Texas (Mr. TURNER), let me take my father or somebody’s brother or us bring fairness to the Tax Code. Let just a minute, if I may, to talk about child, is going to die because that clin- us have a strong bipartisan show of our Nation’s financial picture. ic in that small town in rural America support for H.R. 6, wiping out the mar- Madam Speaker, most observers or that hospital closed and they had to riage tax penalty and bringing fairness agree that our national debt is about drive 50 miles to get to a suitable med- to the Tax Code. $5.7 trillion. That $5.7 trillion is com- ical facility. I do not know where it is posed of two separate and distinct dif- going to be, but I see it is going to hap- ferent types of debt. The $1.7 trillion is pen. CONDOLENCES TO THE HONOR- the amount of money we, the people, I see the gentleman from Iowa (Mr. ABLE LOIS CAPPS AND FAMILY owe to we, the people. It is a book- GANSKE) over there. He can tell you (Mr. DREIER asked and was given keeping entry. It is represented by as- that it is going to happen. Because permission to address the House for 1 sets of the Social Security trust fund, sometimes seconds make the difference minute, and to revise and extend his the trustees gift to the Treasury, mon- between saving someone’s life who is remarks.) ies that come in under the FICA tax bleeding to death or having a heart at- Mr. DREIER. Madam Speaker, I and the Treasury gives to the Social tack or a stroke. would like to rise on this day, while Security trustees a non-negotiable in- So is the marriage penalty a higher many of our colleagues are partici- strument, bill, note or bond; that rep- priority than saving some child’s life pating in a service for former Speaker resents about, that and other debt, who has happened to cut his hand? I do Albert, to take this time to extend my Federal Reserve holds some of it, about not know. But I do know this, without condolences to our colleague, the gen- $1.7 trillion. a budget resolution where those deci- tlewoman from California (Mrs. CAPPS) We, the people, do not actually write sions can be made, we are not, in my and her family members. checks for interest on that part of the judgment, fulfilling our stewardship at Obviously, they have gone through a debt every year. The other part of the this point in time to the American peo- real struggle, with the tragic death of debt we do, that $3.7 trillion or $8 tril- ple as it relates to retiring, not just our former colleague, Walter Capps, lion debt, we actually write checks rolling over the debt, retiring the debt not long ago, and now the loss of their every year for interest. Last year, al- so that the money saved, the interest daughter Lisa, a young woman 35 years most $240 billion of interest paid on that you young people here will have of age, a professor in California, who is monies that have been consumed by to pay some day, is less. the mother of two young children. And people my age and older. We are not, in my judgment, exer- I would simply like to say that during Madam Speaker, to give you some cising proper businesslike stewardship this very difficult time, I know that idea of how much money that is, $240 of this Nation’s monies if we do not our colleagues would join in extending billion a year, it is the third largest have a budget that provides for debt re- our condolences to the family mem- item of the Federal budget only behind tirement, for the past promises we bers. Social Security checks and Nation’s made with respect to Social Security Last night I spoke to a close friend of defense. Said another way, it rep- recipients, for the past promises we the family’s who said that, obviously, resents 131⁄2 cents of every dollar that made to the veterans, for the past they are dealing with a very difficult comes to this town. Said another way, promises we made to Medicare recipi- situation; and I would simply like to we have a 131⁄2 percent mortgage on ents. Those things are important. say that personally my thoughts and this country simply because we have Promises made and obligations kept, prayers are with the family members, not had the willpower to retire this that is a value that we cherish in this and I certainly wish them well as they debt. Instead we just roll it over and country. deal with this great challenge. continue to pay interest on it. Until we have a budget where we Put another way, and this is stag- know where we are, where we know gering, a third, fully one third of all what fits in this piece and that piece, it NATION’S FISCAL AND FINANCIAL the income taxes that the American seems to me that one could argue from INTEGRITY people, individuals and corporate a businesslike standpoint that it is not The SPEAKER pro tempore (Mrs. America, pay every April 15 goes to pay only unwise but it is irresponsible to BIGGERT). Under the Speaker’s an- nothing but interest on it, the national start bringing tax bills to the floor

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.030 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H269 without some way of knowing where a series of tax cuts to the floor begin- as my colleague has pointed out, when they fit in in terms of our priorities as ning tomorrow. the Federal Government is in the mar- a people. Now, the truth of the matter is we all ket borrowing money competing with Now, let me stop here and recognize believe in cutting taxes. But the Amer- the private sector for that money, it the gentleman from Texas (Mr. TURN- ican people spoke loudly and clearly drives up interest rates. ER) who has been a leader of the Blue last year when, throughout my dis- It has been calculated that if we can Dogs. As I said earlier, we are inter- trict, they told me they believe that reduce the publicly held debt from $3.7 ested in the financial integrity of this the first priority of the Congress is to trillion down to $1.3 trillion, which is country and our ability not only to pay down that $5.7 trillion national possible if we show the type of dis- meet past promises but future obliga- debt. If we divide that debt out among cipline we have been talking about, tions; and he has been a leader on that. all the families in America, for a fam- that interest rates on homes are pro- Mr. TURNER. Madam Speaker, I ily of four, it is about $84,000 per fam- jected to climb by 2 percent and that thank the gentleman from Tennessee ily. Now, that debt was run up over the this would reduce the monthly pay- for yielding. The gentleman from Ten- last 30 years. ment that America’s families have on nessee (Mr. TANNER) always does such When I came to Congress 2 years ago, an average home of $115,000 a mortgage an outstanding job on trying to be sure 3 years ago now, one of the objectives of that size by approximately $150 a that we stay on a fiscally responsible I had was to be sure that we do not month. course in this Congress through his pass on that $5.7 trillion debt to our So there is a dividend right away to membership on the Committee on children and our grandchildren. And America’s families. It is building on Ways and Means and his leadership of what better time to try to pay down what my colleague talked about. our Democrats who are members of the the national debt than right now when Secondly, we can look at students. Blue Dog Coalition, which, as the gen- economic times are good. This may be And if we are looking at students, they tleman from Tennessee (Mr. TANNER) our best opportunity to deal with the would receive a dividend that is esti- mentioned, is a group of Democrats, national debt that, as the gentleman mated to be $35 a month on their stu- about 30 of us, who meet together from Tennessee (Mr. TANNER) pointed dent loans if we would reduce the na- every week and talk about being sure out, takes about 13 percent of our tional debt in that fashion. we keep this country on a fiscally re- budget every year just to pay the inter- 1145 sponsible course. est on that national debt. The debt is Now that is the main mission of the too big. So this interest rate dividend has Blue Dog Coalition is to be sure we are We have had expert after expert come been projected and has been calculated, fiscally responsible. And it is hard to before this Congress and testify that and I thought that this would be a very understand how we can be here in the the best tax cuts we can give the Amer- good way to illustrate with some spe- second full week of this Congress and ican people is to pay down the national cific numbers the exact point that the have the Republican leadership come debt. Because when we pay down the gentleman just made. to the floor tomorrow with a marriage national debt, we take the Government So I would like to thank the gen- penalty tax cut bill. out of the business of borrowing so tleman for making that point and yield Now, all the Blue Dogs are united in much money and that means there is back. favor of tax cuts. And the marriage less demand for funds and interest Mr. TURNER. That point is certainly penalty is one issue that we believe rates all across this country will be well taken. I think the benefits of pay- very strongly needs to be dealt with by lower. ing down the debt maybe are not quite For most families trying to make the Congress. The problem is the Re- as obvious to the American people as ends meet, pay off a home mortgage, publican leadership have decided to we need to try to make it. Most of the buy a car, send their children to col- take the same old approach that they people I talk to in my district are fis- lege, and most folks have to borrow the provided in the trillion-dollar tax cut cally conservative folks that believe if money to do it, a lower interest rate that they proposed last year that we you owe $5.7 trillion dollars, you ought will mean more to them than reduced Democrats opposed and the President to try to pay that down. They do not taxes. believe in owing money. Many folks do vetoed, they have decided to take that When the trillion-dollar tax cut was not realize in addition to paying down trillion-dollar tax cut and cut it up brought to this floor and passed in this the debt, as the right thing to do, that into little bits and pieces and roll them house, the Democrats unanimously we will get an interest dividend that out on the floor in one little bit and proposed a better option. We said take the gentleman from Minnesota talked piece at a time. The same old proposal. 50 percent of our estimated future sur- Now, the House rules provide very plus, which we hope will be there, no- about. clearly that you cannot consider a tax body knows for sure, but let us take 50 I really believe that the important proposal, a tax cut, a tax bill until the percent of the estimated surplus and thing for us to emphasize to the Amer- Congress has adopted the annual budg- let us use that to pay down that $5.5 ican people is that our Republican et. And that rule makes a whole lot of trillion national debt; let us take 25 leadership, beginning tomorrow, is sense. You do not put the cart before percent of the future surplus and use it coming back with the same $1 trillion the horse. to save Social Security and Medicare, tax cut that they tried to pass last The Committee on the Budget in this which is going to be under great stress time and that the American people re- Congress has the responsibility to when folks my age begin to retire alized was just a ploy to try to show adopt a framework for the fiscal affairs about 15 years from now; and let us who could be for cutting taxes the of the Federal Government every year take the last 25 percent and dedicate it most, and now they are breaking that and to adopt a budget. Once we have to a good tax reduction that will ben- big $1 trillion tax cut down into little adopted a budget and have decided how efit average working Americans. pieces and trying to roll them out here much we are going to allocate for the Mr. MINGE. Madam Speaker, will the on the floor, because it is harder to various spending needs, how much we gentleman yield? vote against a little tax cut than it was have to pay down the national debt, Mr. TANNER. I yield to the gen- that $1 trillion one, hopefully forcing how much we are going to apply to tax tleman from Minnesota. the Members of this House to vote for cuts, then we are ready to come to this Mr. MINGE. Madam Speaker, my col- a tax cut. floor and pass individual pieces of leg- league has been emphasizing the im- We are going to vote for a marriage islation, appropriation bills and tax cut portance of a tax cut in terms of pay- penalty tax cut as Democrats, but we legislation, to fit within the framework ing down the debt and what that can do are going to do it in the context of a of the budget. to reducing interest rates. There are a budget that reduces the national debt, For some reason, I guess in a com- couple of charts here which I think that saves Social Security and provides plete abdication of fiscal leadership, would be of interest to our colleagues the kind of tax relief that average the Republican leaders have decided in this respect. working Americans need. they will just forget about a budget One chart shows what reducing the Mr. TANNER. Madam Speaker, I and they are going to bring the first of debt means to America’s families. And thank the gentleman. I want to take

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.033 pfrm02 PsN: H09PT1 H270 CONGRESSIONAL RECORD — HOUSE February 9, 2000 this time to recognize another Texan. ing that the plight of rural hospitals is I think we are making a bad mistake Being from Davy Crockett’s district, I of secondary importance. The fact that when we do that. have to recognize these Texans, as you we have over 250 representatives from As Members before me have said know, but one of the leaders in the rural communities all over the United today, I support dealing with the intri- House on financial matters and fiscal States in Washington as I speak beg- cacies of the Tax Code that penalize conservative business-like principles ging us for additional investment in couples for being married. That is ri- that we are trying to advance here, the hospital care in rural areas, that that diculous. Let us fix that part. But let gentleman from Texas (Mr. STENHOLM). is of secondary importance, and we are us do it in the context of a total budget Mr. STENHOLM. Madam Speaker, I not even going to discuss that until approach that will not jeopardize the thank the gentleman from Tennessee later, and perhaps never get there, be- economic recovery we have been in now for yielding. I thank the gentleman for cause when you make the argument of for the last 7 years and that we have all taking the time today and giving the a $1.3 trillion tax cut, you will find indications we can continue if we just Blue Dog Democrats and perhaps oth- there is no money available in the manage to stay on course. ers hopefully on both sides of the aisle budget for additional investments and I want to repeat again, and then I the opportunity to engage in this de- needed investments in any program. will yield back: we are in danger, if we bate before we get into the political de- To those that suggest that we should choose this road that we start tomor- bate of tomorrow. start with a tax cut, you are saying row, we are in danger of saying to our It is difficult to be perceived as being that we do not need to invest any fur- rural communities, I am sorry, but against a tax cut, particularly when ther in the defense capabilities of this there is no money left for investment you agree that the marriage tax pen- country, that there is no need for us to in health care in rural communities. alty should be corrected, but it is not do anything but freeze defense spend- That is the choice. We are in danger of difficult to oppose a bill that not only ing for the next 10 years at current lev- saying there is no money to be used for corrects the marriage tax penalty, but els; and anyone knows what that will increasing the durability and longevity also gives a marriage bonus to those do to the ability of the United States and strength of the defenses of this that are currently getting a bonus. I to defend ourselves against what might country, which most of us agree need am sure in the limited time tomorrow happen in the next 10 years. to be done. we will not have an opportunity to Why are we not debating what the Why are we not having that argu- fully debate that. priority investments should be, along ment first? That is our question. We But the real purpose for which we with how we shall deal with our Tax will have a motion that will provide take this hour today is to talk about Code? that we can do everything everybody why paying down the debt should be It is no secret we have real problems talks about, if it is possible to do it the number one priority for this Con- in rural America in the farming sector. within the context of a budget and gress and why some of us on this side of The President has proposed putting tough decisions. One of those needs to the aisle feel so strongly that not fol- into the budget debate an investment, be being a little conservative with our lowing the regular order of deter- an expenditure, if you please, of tax- first bill out of the box. I hope that we mining the priorities of the Congress is payer dollars. Should that not be de- will find a way to do that. a drastic fiscal mistake. bated, and if the majority of this House One last point: I get real concerned We now have the opportunity to pay feels that is not a prudent investment, when I see the leadership of the House down this debt we all talk about if, and have it voted down? Should that not be of Representatives continuing, con- this is one of the big questions, if the considered in the budget process? tinuing, to ignore the need of making projected surpluses materialize. That is When we talk about spending, we changes in our Social Security system why we and the Blue Dogs have been have those that believe, and sincerely and our Medicare system for the fu- saying now for quite some time, let us believe, that all Federal spending al- ture. I get very concerned when I con- not spend projected surpluses as if they most is a waste of money. They choose tinue to hear the finger pointing of the are real money, surpluses that may or to close their eyes to the fact that we, House of Representatives leadership to- may not occur in 2007, 2008, 2009, 2010. the Congress, in a bipartisan way, over wards the administration for not deal- Is that conservatism? Are we going the last 4, 5 or 6 years, have done a ing with Social Security and Medicare to go back to the same fiscal policies pretty darn good job of restraining dis- and Medicaid, when everyone knows we that we followed in the 1980s when we cretionary spending, a pretty darn can do it in the House of Representa- borrowed over $3 trillion pursuing a fis- good job. Can we do better? Yes. tives. cal policy that did not quite work out, Should we do better? Absolutely. But Why have we not spent one second unless you perceive that borrowing can we do it in a way in which we say talking about the future needs of So- money by the Federal Government, we are going to freeze and continue cial Security in the context of the taking that money away from the pri- cutting in the area of defense, of agri- budget? If we are going to fix Social vate sector, is a good investment. culture, of health care? Security for the future, so our children We do not. We happen to believe that I repeat, if we cannot find it in our and grandchildren will have the same paying down the debt and the fact we wisdom to recognize that rural areas benefits that we have today, those on are now going to be in our third year of are being substantially penalized to the it today, it is going to require some seeing our Federal debt, that which the degree that we will have to close hos- changes; and it is going to require Federal Government is borrowing, be pital after hospital after hospital un- changes that will cause the need of uti- reduced, is good fiscal policy and has less we can find it in our hearts and in lizing some of those surplus dollars we contributed to the fact that we now our judgment to increase spending in are talking about. But we completely have the longest single economic re- this area, then we have to be prepared ignore that, and I think that is a covery period in the history of our to suffer the consequences. shame. country, economic expansion; that un- Now, I do not think that is what the Mr. TANNER. Madam Speaker, last employment has now hit and gone Congress will do. But my question is year I said when we have projections, below 4 percent; that we have more simply this to the leadership: Why did and I think the gentleman from Min- people working in America than at any you choose to come with the first bill nesota (Mr. MINGE) is going to talk other time in the history of our coun- of the year with a tax cut that is po- about projections in a minute, that no try. We think that is the result of litically attractive? Why do you choose reasonable business person in this something that we have been doing to ignore the budget process that we country that I know of would spend 80 right, and that is that we have been all say we believe in and in which we percent of a 10-year projection on any- living since 1993 on a course that has will make tough choices? Why do you thing. That is what we were asked to gotten us into the position now of ac- short circuit it? Unless it is, as some do last year with that $800-some billion tually being able to debate what we are suggest, a politically attractive way to tax bill. going to do with projected surpluses. get to the $1 trillion tax cut without We are for tax cuts, but to obligate 80 To those that suggest that we start anybody ever having to face up to the percent of a 10-year projection? I do out with a tax cut, you are in fact say- realities of what we are talking about. not know what the price of cotton and

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.037 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H271 soybeans is going to be next week, and the year 2000 and in the years to come, of it which has become very clear to these people in Washington try to talk but instead, there is enormous pressure those of us on the Committee on the about 10 years like it is real money. It to simply maintain this level of sup- Budget. is not even here yet. port for Federal programs and increase Mr. TANNER. Mr. Speaker, I thank Madam Speaker, I would like to yield it at the rate of inflation. Over half of the gentleman. to the gentleman from Minnesota (Mr. that surplus disappears, and that is the Let me follow up on something that MINGE) to speak on what the surplus blue portion of this pie chart, Mr. the gentleman said about the uncer- may or may not be. Speaker; $1.021 trillion disappears. tainty of this budget projection, this Mr. MINGE. I thank the gentleman Given the very strong advocacy on surplus; and I want all of my col- for yielding. behalf of the Defense Department that leagues to listen to this. If the CBO es- Madam Speaker, we have an oppor- is going on today on the Senate side timators are wrong in guessing or in tunity this morning to discuss here and went on yesterday on the Senate predicting what the rate of growth of with our colleagues the context in side, and what I know is going to come the economy of this country is going to which we are considering a tax cut pro- on health care, and our colleagues have be for the next 10 years by just one- posal. It is a tax cut proposal that already talked about health care, and tenth of 1 percent, if they say over the deals with the problem that all of us what we know is going to come on en- next 10 years, the rate of growth of the agree needs to be addressed; and the vironmental programs and on edu- economy is going to be 2.7 percent a question is, what is the most effective cation and so on, it is fair to say that year, and it is 2.6, do we know how way to address it, and what is the ap- this blue portion is truly not a surplus, much money the surplus is reduced propriate time in this process to ad- and that leaves us with the orange and just on missing that 10-year guess, one- dress it? with the green. tenth of 1 percent? It is $211 billion. It I would like to start out by echoing Now, the orange represents the ex- is huge, because it is geometrical. the comments of our colleagues from tension of tax reduction measures that I would submit to my colleagues that Texas in terms of the timing. I serve on are currently on the books, and also no human being, Alan Greenspan the Committee on the Budget. We do farm aid legislation that represents maybe excepted, but no human being not yet have even the beginnings of a some sort of a compromise or a mean can tell me or anybody else in this budget resolution, and that is the pri- between what was done in the early country what the rate of growth of the mary task of the committee on which I 1990s and what has been done here in economy of this Nation is going to be serve. Indeed, the chairman of that the late 1990s in terms of dealing with for the next 10 years, and that is why committee, our colleague, the gen- the very serious problems in the farm we ought to err on the side of caution tleman from Ohio (Mr. KASICH), has economy. If we assume that we are as we go forward here, rather than pre- written a letter to the chairman of the going to extend these tax reduction tending like this is real money that is Committee on Ways and Means ex- measures which are currently on the already here. It is not. pressing his concern about bringing up books like the research and develop- I would like to take this moment to legislation dealing with tax reductions ment tax credit and others, then this recognize a young leader in Congress prior to a budget. original portion disappears and include who is from the great sovereign State This is not a situation where one with that the type of farm programs I of Louisiana (Mr. JOHN). party is trashing the other party. This just mentioned. That leaves us with Mr. JOHN. Mr. Speaker, I thank the is a situation where even the Repub- the green portion. That is about $607 gentleman, my neighbor from Ten- licans recognize that the tax cut pro- billion over 10 years, $60 billion a year. nessee, for managing this hour. I also posal ought to follow the development Now, it is important to note that $200 want to thank Minority Leader GEP- of a budget. billion of this is actually surpluses in HARDT for granting us an hour, the the Medicare program during the pe- Blue Dogs an hour to actually talk 1200 riod of time before the baby boom gen- about our plan. So when the Chair, the Republican eration retires. I submit that that sur- There is bipartisan, bicameral, uni- Chair of the Committee on the Budget plus in Medicare, just like the surplus versal support for a marriage penalty is saying to the Republican Chair of in Social Security, should not be used tax deduction or tax decrease. The the Committee on Ways and Means, let for current expenditures. So that President has it in his budget, the us do this in a logical process, just like brings us down to $400 billion, and this Democrats have it in their recom- any business organization would do. I is what we have available over 10 years. mittal substitute that we will see to- think that is an admonition that we The first bill out of the chute would ex- morrow, the Republicans have it. Truly ought to take seriously. pend almost half of that for one tax this debate that we are having here Now, we have also mentioned, and so problem alone, ignoring all of the other today, and that we will have tomorrow, have our colleagues from Texas, the tax reductions that many of us think is not about a marriage penalty. Every- difficulties of projecting what is going ought to be considered and also ignor- one agrees, everyone has a plan. We to happen in terms of Federal spending ing program priorities and debt reduc- will talk about the differences in the and revenues over a decade, and where tion which my colleagues have talked plans, but everyone agrees that there do we actually stand in terms of the about. I submit that the debt reduction needs to be a correction. It was an un- amount of money available. This chart component is a powerful consideration intentional glitch in a tax law that shows what is really available in terms and a portion of this surplus ought to happened several or many years ago. of a surplus and when it becomes avail- be devoted or committed to just So I think that the true debate is able. There is an anticipated surplus if straight debt reduction. about how do we go about it? we look at the old figures that were We have already talked about the in- Let me give my colleagues a sce- used in 1997, there is an anticipated terest rate savings to America’s fami- nario. We come up here a lot, go back surplus of $1.85 trillion over 10 years. lies, to students, and others if we re- to our districts and come up here a lot Now, that is deceptive because as ev- duce the debt. and we talk about how we ought to run erybody knows here in Washington and Well, this chart, this pie chart I government more like a business. Let actually most people around the coun- think is important for all of us to me give my colleagues a scenario about try, the so-called budget caps that clearly understand as we move ahead where I think we are today in this de- would generate that kind of a surplus and determine whether we should take bate. When a CEO of a company goes have been broken with regularity over up a tax reduction measure before the out and talks to potential investors the last 2 years. budget has been developed and before asking them to invest in his company, So if we simply assume that defense we know the full dimensions of these in his idea, do we believe that he will spending, spending for education, for matters. be successful in gaining some financial health care, for agriculture, and for a Well, there is a great deal that we support from potential investors if he range of other things that all of us rec- need to cover here this morning, and I just says trust me, I do not have a plan ognize as priority matters, that that would like to thank the gentleman for yet, I cannot see the big picture, I am spending is not going to be cut here in the opportunity to cover this portion not sure where we are going to be in 10

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.039 pfrm02 PsN: H09PT1 H272 CONGRESSIONAL RECORD — HOUSE February 9, 2000 years, but I just need some money, be- this time, my colleague, who is a lead- required to deal with those problems? cause I have this little bitty plan or er in our Blue Dog Coalition, in coordi- We do not know. We do not have a this notion that is out there. I suggest nating this hour so that we are able to budget. We have not written our budg- that this company will not make it talk a little bit about the surplus and et plan. very far. debt reduction and some of the issues How much should go to our other pri- Let me take it one step further. What that are important to us. ority programs that have been spoken would have happened under the trust- Mr. Speaker, when I first came to of here, such as defense? Maybe the me notion if this Congress would have Congress 3 short years ago in 1997, I most important function of a Federal passed the $1 trillion tax cut last year? saw something happen that was truly Government is defense of its borders Everyone agrees that after we look at miraculous I thought, having heard all and its people. Well, we do not know. discretionary spending caps, we look at of the bad things about Washington, We know that we have drawn down de- some emergency spending that we only the partisanship that exists here. But fense funding over the last decade, and are going to have a projected $780 plus what I witnessed in 1997 was an agree- in the last couple of cycles we have ac- billion surplus over the next 10 years. ment where the majority leadership, tually begun to increase that again. We Think about that. If we would have the Republicans in Congress sat down know that we will continue to have to passed a $1 trillion tax cut last year, with the President, a Democrat, and increase defense spending to keep up we only have $780 billion projected actually negotiated in good faith, and with modern weapons and readiness, today, and it has only been 6 months. those negotiations led to a budget and pay our men and women who are in We would be running a deficit before agreement which has provided us fiscal the service like they should be paid. the tax cut even was fully engaged. discipline that has produced 2 consecu- How about veterans and military re- So I beg the Republican majority to tive years of budget surpluses. It also tirees? Certainly that is one of the hot take a look not at the fact that we provided $250 billion in tax relief, and button issues now on the minds of ev- need a tax cut. I am going to vote for it extended the life of the Medicare erybody that is a Member of this a marriage penalty tax cut. The Amer- program. We were able to do that be- Chamber. This country has gone back ica people will have a tax cut bill that cause of bipartisan cooperation and on its promise to provide lifetime med- will have a marriage penalty decrease people sitting down in good faith and ical benefits for those who have served in it. I feel good about that. I am al- negotiating from each side of the aisle. their country and retired from the most confident that that is going to Fast forward a couple of years to military. There are over 60 percent of happen. But let us put it in an overall 1999, and we will see that all of those the Members of this Chamber who are budget frame. Let us lay out our plan. lessons learned from bipartisan co- cosponsors of a bill which will deal That is the responsible thing to do. operation seemed to fly out the win- with that issue, and we do not even We have been very disciplined fis- dow. The majority leadership of the know how much it will cost yet. It cally over the last several years. That Congress rammed through a totally might cost $6 billion, $8 billion, $10 bil- is why we are here today. That is why partisan budget without any input lion, but 60 percent of the Members of we can enjoy and have this debate from the President or the Democratic this Chamber are cosponsors of that which I guess several years ago we side of the aisle. That partisan budget bill. would not have even had about the cornerstone was $800 billion in tax re- There is a major commitment to deal problems we have with the kinds of lief and very little for anything else. with that issue, but yet, we want to ad- surplus that we are predicting. We all know that this was totally re- vance a tax bill before we write a budg- We need to continue, and I beg the jected by the American people and ac- et dealing with military retirees and majority to show us a road map. Give tually, this failure to construct a bi- veterans’ health care benefits. us a plan. We want to cut taxes. I am partisan budget resulted in that tax My colleagues in the majority on the going to vote for it. The Blue Dogs will bill being vetoed and left Congress and other side of the aisle will tell us they vote for it, the Democrats will vote for the President haggling over the 13 an- are for paying down the debt. I believe it, and everyone wants it. It fits in a nual appropriations bills that this Con- many of them are. But the sad truth is plan. But we ought to spend half of gress must pass. that the Committee on the Budget had whatever that surplus is in paying not even had its first hearing this year 1215 down the debt first, 25 percent in a tar- when the legislation was scheduled for geted tax cut that should include the Actually, we ended up, as you know, a floor vote that would include a $182 marriage penalty and will, I believe, rolling the last five or six into one om- billion tax bill for the marriage tax and 25 percent for priority spending. nibus appropriations bill, which is penalty. Where is the plan for debt re- We have heard my colleagues talk never the best way to do it. lief? Us Blue Dogs, those of us who are about some of the other spending needs Unfortunately, it seems that my Blue Dogs, believe that ought to be the that we have in this country. How do friends and colleagues on the other side cornerstone of any surplus plan. we know if they are more important of the aisle, the majority leadership of So Mr. Speaker, it is not too late to than something else until we look at this Congress, have not learned from do the right thing. If we really want the business plan. There is not one per- last year’s mistakes, and have not re- tax relief to become law, my sugges- son, businessperson in America that called the success that can be had when tion is that the leadership on the ma- could go to the bank and borrow some they act like we did in 1997. jority side sit down with Democrats in money today and say I do not have a Instead of building on the 1997 bal- Congress and the President and let us business plan, but I need some money. anced budget agreement and forging develop a bipartisan budget agreement. Show us a plan. Keep us on the road to another compromise with the Presi- In that agreement, we will deal with fiscal discipline. Keep us on the road of dent, what we have this year is an at- the social security issues, the priority good economies across America, but tempt to pass major tax legislation be- spending, we will deal with debt reduc- make sure we do it in the whole pic- fore a budget is even written. tion, and we will deal with tax relief. ture. How much of a surplus do we think Those of us who are Blue Dogs feel very Mr. TANNER. Mr. Speaker, I would ought to go to debt reduction? Well, strongly about that. like to compliment the gentleman for nobody knows because we have not I want to again thank my friend, the his leadership. done a budget. How much should go to gentleman from Tennessee, for allow- I will recognize another young leader reforming the social security and Medi- ing us to have this time. here who is from the State of Florida care systems that my friend and col- Mr. TANNER. Mr. Speaker, I thank and who has been very active with us league, the gentleman from Texas (Mr. the gentleman from Florida (Mr. BOYD) in trying to do something with regard STENHOLM), spoke so eloquently about? for his comments. I hope we will be to a business-like approach to our Na- We know that is the major, major so- charitable to the Gaters next fall in tion’s financial picture, the gentleman cial problem for this country moving Knoxville when they come to see us. from Florida (Mr. BOYD). into the 21st century, the viability of Mr. Speaker, I yield again to the gen- Mr. BOYD. Mr. Speaker, I thank my the social security and Medicare sys- tleman from Texas (Mr. STENHOLM). He friend from Tennessee for yielding me tem. How much of this surplus will be has done as much as anyone in this

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.041 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H273 Congress in the last 10 or 15 years on ceutical bills? Are we going to ignore think Members want that kind of coun- the budget. that very real need in this budget? I try either for their children. I do not Mr. STENHOLM. Mr. Speaker, I think not. want to leave a country to our kids thank the gentleman for yielding. I have mentioned agriculture. We can where they have to wear a surgical Let me just kind of sum up what I mention veterans. We can mention the mask to ride their bicycle across town think I have heard, listening to my col- rural hospitals again. Why are we not because the air is so foul and so pol- leagues today. What we are suggesting doing the regular process? Why are we luted. That is not the kind of country is that the conservative thing for this coming in with what someone perceives I want to be proud of when I leave this House to do is to make the tough calls is a politically attractive marriage tax town. on the budget and put the tax cut with- penalty, with which we all agree, we I do not want to leave our kids a in the confines of what we can agree in ought to deal with the penalty, but country with a 14 percent mortgage on a bipartisan way is the blueprint that why should we also give, under the it, one that is going to strap them will allow our economy to continue to name of a marriage penalty, a bonus to every day of their college career and grow as it has in the past 7 years. those who are already getting a bonus productive lives to do nothing more We get very, very disturbed when we in the tax cut because they are mar- than pay interest. That is as para- hear people talking about, well, there ried, also? I do not understand the mount to me in terms of what kind of is a $4 trillion surplus, and we can give logic of that. legacy we leave to our kids that come one-fourth of it back to the people be- I have a little rule of thumb: If it along after us than any other single cause it is the people’s money. meets the West Texas tractor seat thing. If only that were true. Well, it is commonsense approach, then it is a Clean air, clean water, and a country true, it is the people’s money, but it is pretty good idea. That does not meet that is financially strong, that is what not true that we have $1 trillion to give anybody’s commonsense approach, it we ought to be talking about, rather back, unless we are prepared to say to defies logic, except somebody has de- than doing these things. We are going the 55- to 65-year-olds today, ‘‘We are cided it is a good political move. to have this tax bill up here, we do not going to let you worry about your so- I hope the House will show the wis- have a budget, we do not know where it cial security check when it starts com- dom of saying, we are for it. Let us put fits, but this is going to be real good ing due in 2014. We are going to let you this bill back into the committee. Let for some of us politically. No sane busi- worry and let your children and grand- the committee deal with it in the con- ness person in this country would go children worry even more about it.’’ fines of the overall budget. Let us deal down this path. Yet, that is where we The problem that many of us have with a marriage tax penalty, but let us are facing. with expenditures, spending programs, not do so at the expense of social secu- Mr. Speaker, I genuinely appreciate of which we are also opposed to the cre- rity and Medicare, because that is the the opportunity that the Blue Dogs ation of new entitlement programs, basic, fundamental choice we will have had to discuss these matters. We very strongly. We should not create make. feel very strongly about it. Hopefully new spending programs, any more than Once we start down the path of say- we can engage again at a future date. we should have massive tax cuts at this ing that we are going to have tax cuts, time, based on projected surpluses. one piece of cake at a time, and if we Here are the numbers, a $4 trillion have 12 cuts or 10 cuts or 5 cuts at $182 TAXES, THE NATIONAL DEBT, AND surplus. $2 trillion of it is social secu- billion, we are soon going to spend $1 OUR NATION’S PRIORITIES rity. Fine. Put that towards paying trillion. When we get into that, we are The SPEAKER pro tempore (Mr. down the debt. That leaves $2 trillion, going to see that we will have jeopard- WHITFIELD). Under the Speaker’s an- of which some say $1 trillion should go ized the very thing all of us have said nounced policy of January 6, 1999, the to a tax cut. All right, let us assume we will never do, and that is jeopard- gentleman from Iowa (Mr. GANSKE) is for a moment, fine, let us do it. Then ized the future of social security and recognized for 60 minutes. that means that all of the rest of gov- the Medicare program. Mr. GANSKE. Mr. Speaker, I had not ernment is basically going to live at That is the fundamental choice that planned on talking that much about current expenditure levels for the next we will make if we start down this po- taxes today, but we will have a tax bill 10 years. litically attractive path without deal- come up on the floor tomorrow, so in Here is where I have a problem, be- ing with the tough decisions that we light of the last hour’s discussion on cause in the defense area alone, I do need to make, and we can make in a taxes, I might as well give my opinion not believe for one second we can pre- very bipartisan way. on this issue. pare this country for the future threats Mr. TANNER. I thank the gentleman. Mr. Speaker, prior to coming to Con- that we are going to have if we assume Mr. Speaker, we will be back to talk gress, I was elected in 1994, I was a re- that defense is going to stay frozen at about debt retirement, to talk about constructive surgeon in Des Moines, year 2000 levels. I do not believe that. the priorities of this Nation, every Iowa. I had been in solo practice for 10 But that is what we are going to get time that we have one of these bills be- years. I took care of women who had into if we follow this path. fore we have a budget where we know had cancer operations, farmers who How much can we cut back from the where we are. had put their hands into machines, ba- current baseline without allowing for I voted against the $800 billion tax bies who were born with birth defects. inflation? That is something we ought cut last year. It would have been good I enjoyed it very much and I still do. to debate, and we ought to do it pro- for me. People say, well, you all are I still go overseas and do surgical mis- gram by program. against tax cuts. It would have been sions. I expect that some day I will Let us assume for a minute that we good for me. I would have had a tax probably return to that. let defense grow at the rate of infla- cut. I could have voted for it. But it So people would ask me, why are you tion. There are many of us that say would not be good for my kids and thinking about running for Congress? that in itself is not enough because we grandkids, and everybody knows that, Are you tired of medicine? I said, no, I have allowed it to trend downward too not when we have a $5.7 trillion na- am not tired of medicine at all. I love long and too far. But these are the tional debt, paying $240 billion a year it. It is a way to solve problems. But I kinds of discussions we ought to have in interest alone. will say, Mr. Speaker, there are a cou- first. We ought to deal with the spin- It is a generational mugging to them, ple of problems that I was really con- ach part of the budget before we deal to all the young people in this country, cerned about. with the dessert. to not pay our bills and to retire, not I was concerned about a welfare sys- In the area of health care, this is one roll over, this national debt. tem that I thought was not working. I thing that is getting overlooked. How I do not want to leave this Nation in took care of 14- and 15-year-old young many of us hear from our senior citi- my productive years here, I do not mothers who would bring a baby with a zens and others, young people, young want to leave a Nation where the water cleft lip or palate into my office. They working families who are having a dif- is so polluted that fish cannot live in it would be on welfare. There would al- ficult time paying their pharma- and kids cannot swim on it. I do not most never be a dad there with them,

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.044 pfrm02 PsN: H09PT1 H274 CONGRESSIONAL RECORD — HOUSE February 9, 2000 because the system was set up so that tleman from Texas (Mr. ARCHER), who I leagues that the process should be, they only get benefits if a dad is not love dearly. He is a good friend. I had first, get your priorities in order; pay there. I did not think that was right. to turn him down. down the debt. Second, know what One of the things I am proudest of Why was I one of only four Repub- your expenditures are going to be and, since coming to Congress is the fact licans that voted against that $780 bil- third, then you know how much you that this Republican Congress re- lion tax cut last year? Well, Mr. Speak- have available for a tax cut. formed welfare. It is working well. It is er, it is because when I looked at the I am going to vote tomorrow for a giving a helping hand, it is helping peo- numbers, the projections for the sur- marriage tax relief bill. I think it is a ple get education, it is providing for plus, they were based on two assump- matter of inequity. I do not think that child care during that training period tions that are false. The first assump- a couple, both of whom are working of time, but it also says that if you are tion was that we would stick to the that earn $75,000, should pay more in able-bodied and you receive that help- spending caps from the 1997 Balanced taxes than a couple where only one is ing hand, then you ought to take the Budget Act, and that is false because working and they are earning $75,000. responsibility and get a job. they are already broken. That needs to be fixed. I am in agreement with fixing the al- 1230 We have already gone beyond those spending caps. Those spending caps ternative minimum tax. That tax was The welfare rolls are down by 50 per- would require reductions of 30 percent designed for millionaires so that they cent all across the country, and part of over current spending in the next sev- would have to pay something in taxes; that is due to the economy but part of eral years. That will never happen. The but unfortunately, because of histor- it is due to the Welfare Reform Act second assumption was that there ical trends in income, it now affects that this Republican Congress passed. would be no emergency funding for 10 the middle class. I think we ought to We had to place it on the President’s do something to fix that so I am going desk three times before he signed it, years. Mr. Speaker, we all know that on the to vote for this tomorrow. but I am proud of that. What are we going to do later in the The other reason that I ran, that I average this Congress has spent $12 bil- lion to $16 billion a year on emergency year when we have a minimum wage decided to leave my medical practice bill come up and we attach tax provi- for a period of time, was because I was funding. There is no way that we would not have any emergency funding. sions to that? How much will those tax very concerned about our national provisions be to help small businesses? debt. Remember what it was like back Emergencies happen. There are hurri- canes that come up the coast. There What are we going to do if we want to in 1993 when I decided to run. We were address access to health care with a looking at annual deficits into the fu- are droughts. There are natural disas- ters. Furthermore, even this year we Patients’ Bill of Rights that is coupled ture of over $200 billion, as far as we with an access bill? I firmly believe are looking at emergency funding for could see. We were looking at trillions there is bipartisan support in Congress military operations in Kosovo. That of dollars of national debt. to extend to 100 percent deductibility should not be an emergency item. We I have three children. I was worried for the self-insured for their health pre- know that we are there. That should be about what kind of legacy we were miums, make it effective January 1, budgeted, but that will be stuck into going to leave for them. The bigger the 2000. That would help a lot of individ- an emergency supplemental bill. national debt, the more our kids will uals afford health insurance, but that So those two premises upon which have to pay for it. Then we look at the could be a major coster in terms of de- that $1 trillion surplus, above and be- baby-boomers, the age wave coming creased revenues to Congress. down the track. I am 50 years old, right yond Social Security, was made are Where does this all fit in together? there at the beginning of that age false. It will not be that much. I pray Where does it fit in with what we think wave. In another 15 years, every 8 sec- to God that our economy continues to we will need to spend for government onds a baby-boomer is going to be re- do well, that we continue to have gov- programs? My colleagues from the tiring and our kids are going to have to ernment revenues come in as they have other side of the aisle pointed out that cover that. under this wonderful economic expan- there are a number of Members of Con- So the other main reason that I ran sion, but I do not know that we can gress from both sides of the aisle that for Congress, that I left my medical bank on that. want to increase spending on defense. practice, was to do something to get So I did not think those premises We may be looking at some additional our national finances in order, to were true. I did not think we were agricultural relief. eliminate these annual deficits, to re- truly dealing with that big a surplus, My point of this is that we need to duce the debt. and I am a Republican who came to have a process ahead of time so that we Mr. Speaker, with this Republican Congress, as I said, in 1995 to balance understand where we are going on this Congress we have put some fiscal re- the budget, not to vote for a bill that budget. If it is the intent of my leader- straint on Federal spending and part of could put us back into deficits. ship to simply take last year’s $800 bil- the reason that we have a vibrant econ- Mr. Speaker, I will match my eco- lion tax cut bill, divide it into little omy now is because there is not just a nomic score card for fiscal conserv- pieces and just bring them one after perception but a reality that this Con- ativeness with just about anybody in another to the floor, then I think after gress has slowed down spending. That this House of Representatives. I am a the first one or two they will find out is good. In 1994, I ran against a very fiscal conservative. that they no longer have support be- nice gentleman from Iowa who had Mr. Speaker, I happen to believe that cause people will start to get concerned been here 36 years. He was the chair- it is conservative to be careful and not about are we going to end up at the end man of Labor HHS Appropriations, to vote for a bill that could put us into of the year dipping into that Social Se- which probably accounts for a lot of his deficits, not to vote for a bill that curity surplus. Are we at the end of the votes, but we had a disagreement. The could increase our national debt. I year actually going to be able to say incumbent that I beat never saw a think it is conservative to pay down we reduced the debt. spending bill that he did not like. our national debt first. When I talk to my constituents back We have put some fiscal restraint on What should our priorities be this home in Iowa, I can say something. Al- this Congress. This brings us then to year? I think we ought to pay down the most unanimously they say our prior- last year’s tax cut, Republican tax cut. debt, for a couple of reasons. Number ities should be reduce the debt. Among I am one of four Republicans that one, we are currently spending about the elderly, they want us to reduce the voted against that tax cut. That is not $240 billion a year on interest pay- debt because they intuitively know easy, let me say. I talked to the Speak- ments. When times are good, my par- that if we have a lower debt that in the er personally. He wanted me to vote for ents taught me, one should reduce debt year 2013, when the baby-boomers move that bill. The Speaker is a fine man so that when times are bad they do not into retirement, that gives us a bigger and a good friend. I had to turn him have to service that debt. cushion to handle those entitlement down. I think we ought to know what our programs. I spoke to the chairman of the Com- expenses are going to be this year, and The younger people want us to re- mittee on Ways and Means, the gen- I would agree with my Democratic col- duce the debt because they know if we

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.046 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H275 do it we will reduce interest rates so Let us say a patient has crushing ed uncomfortably in their seats, that they have to pay less on their chest pain. We have just seen on TV alarmed by her story. Her voice became home payments. Reduce the debt, fig- that crushing chest pain can be a sign husky, and I could see tears in her ure out what an accurate budget of a heart attack. Pass go, go imme- eyes. Her anguish over harming pa- should be and fit your tax cuts into diately to that emergency room be- tients as a managed care reviewer had that. That should be the process by cause if one delays they could have a caused that woman to come forth and which we go through here. heart attack and die on the way. The to bear her soul. I am in agreement with my col- American Heart Association says that. She continued, ‘‘Since that day, I leagues on the other side of the aisle on So people would have crushing chest have lived with this act and many oth- this. I think we are going to be looking pain, break out in a sweat, know that ers eating into my heart and soul. I at some legislation down the road this that could be a heart attack. They go was a professional charged with the year that is important, and we need to to their emergency room. They would care or healing of his or her fellow know where we are going to be on this have a test, and some of the time it human beings. The primary ethical issue. would not show a heart attack. Some norm is ‘do no harm.’ I did worse,’’ she As I said, Mr. Speaker, I am as fis- of the time it would show severe in- said. ‘‘I caused the death. Instead of cally conservative as just about any- flammation of the esophagus or the using a clumsy, bloody weapon, I used body in the Republican caucus. I do not stomach instead. the simplest, cleanest of tools: my enjoy being at odds with my leadership words. This man died because I denied on this issue. I happen to think that 1245 him a necessary operation to save his our leadership, in talking now about The EKG would be normal. So ex- heart.’’ debt reduction, is getting the message. post facto, the HMO would refuse to This medical reviewer continued, ‘‘I I happen to think that we can go out pay for that emergency room visit, be- felt little pain or remorse at the time. and we can be honest with people and cause, you see, the patient was not The man’s faceless distance soothed we can say, look, the conservative posi- having a heart attack after all. my conscious. Like a skilled soldier, I tion on this is, number one, do not vote Well, when word of that type of was trained for this moment. When any for a bill that has the potential to in- treatment gets around, people start to qualms arose, I was to remember, I am crease deficits and increase debt. Pay think twice about really whether they not denying care. I am only denying down the debt first. are going to go to the emergency room payment.’’ PATIENT PROTECTION LEGISLATION when they need to, because, after all, Well, by this time, the trade associa- Mr. GANSKE. Mr. Speaker, in my re- they could be stuck with a bill. Is that tion representatives were staring at maining time I want to speak a little fair? Is that just? No. But it is one of the floor. The Congressmen who had bit about patient protection legisla- those ways that HMOs have tried to spoken on behalf of the HMOs were dis- tion. We have been working on this cut down on care to increase their bot- tinctly uncomfortable. The staff, sev- issue for 5 years now. Back in 1995 tom-line profits. eral of whom became representatives of when I first came to Congress, reports Well, we had hearings on patient pro- HMO trade associations, were thanking came out about how HMOs were writ- tection legislation. We had a hearing God that this witness was at the end of ing contracts that had gag clauses in back in May, 1996, 4 years ago. Buried the day. them, in which they basically said that in the fourth panel at the end of a long Her testimony continued, ‘‘At that before a physician could say to the pa- day was testimony from a small, nerv- time, this helped me avoid any sense of tient what their treatment options ous woman. This was before the House responsibility for my decision. Now I were they first had to get an okay from Committee on Commerce. By that am no longer willing to accept the es- the company. time, the reporters are gone, the cam- capist reasoning that allowed me to ra- Now think about that for a minute. eras are gone, most of the original tionalize that action. I accept my re- Let us say that a woman with a lump crowd had dispersed. She should have sponsibility now for this man’s death in her breast goes in to see her doctor. been the first witness that day, not the as well as for the immeasurable pain The doctor takes her history, examines last. and suffering many other decisions of her, and knows that there are three She told about the choices that man- mine caused.’’ treatment options for this lady; but This is testimony from a medical re- aged care companies and self-insured one of them may be more expensive viewer for an HMO before Congress in plans are making every day when they than the other and because he has this 1996. Congress has dilly dallied for 4 determine what is known as ‘‘medical gag rule written into his HMO contract years and has not done anything to fix necessity.’’ Linda Peeno had been a he has to say, excuse me, ma’am; this. claims reviewer for several HMOs. I leaves the room goes to a telephone; She then listed the many ways that want to relate her testimony to my gets on the phone, dials a 1–800 number managed care plans deny care to pa- colleagues. and says, Mrs. So and So has a lump in tients; but she emphasized one par- She began, ‘‘I wish to begin by mak- her breast. She has three treatment op- ticular issue, the right to decide what ing a public confession. In the spring,’’ tions. Can I tell her about them? care is medically necessary. I firmly believe that patient has the now this is a former claims reviewer, She said, ‘‘There is one last activity right to know all her treatment op- medical reviewer for an HMO. She said, that I think deserves a special place on tions and that an HMO should not cen- ‘‘In the spring of 1987, I caused the this list, and this is what I call the sor her physician. That is a blow right death of a man. Although this was smart bomb of cost containment, and to the patient/doctor relationship. known to many people, I have not been that is medical necessities denials. That should be outlawed. So I wrote a taken to any court of law or called to Even when medical criteria is used, it bill in 1995 called the Patient Right to account for this in any professional or is rarely developed in any kind of Know Act. I went out and I obtained public forum. In fact, just the opposite standard traditional clinical process. It 285 bipartisan cosponsors and, Mr. occurred. I was rewarded for this. It is rarely standardized across the field. Speaker, I could not get that bipar- brought me an improved reputation in The criteria is rarely available for tisan bill to the floor, which would my job. It contributed to my advance- prior review by the physicians or mem- have passed with over 400 votes. ment afterwards. Not only did I dem- bers of the plan.’’ My leadership, the Republican lead- onstrate that I could do what was ex- She says, ‘‘We have enough experi- ership of this Congress, would not even pected of me, I exemplified the good ence from history,’’ we have enough ex- allow a simple bill like that to come to company employee. I saved half a mil- perience from history, I think she was the floor, despite promises that they lion dollars.’’ referring to World War II, ‘‘to dem- would. As she spoke, a hush came over that onstrate the consequences of secretive, So the next year came along, and we room. Mr. Speaker, I think you may unregulated systems that go awry.’’ wrote a more comprehensive bill be- have been in the room when this lady After exposing her own trans- cause we also knew that in the mean- testified. The representatives of the gressions, she closed urging everyone time HMOs were refusing to pay for trade associations who were there in the room to examine their own con- emergency care. averted their eyes. The audience shift- science. She closed by saying, ‘‘One can

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.048 pfrm02 PsN: H09PT1 H276 CONGRESSIONAL RECORD — HOUSE February 9, 2000 only wonder how much pain, suffering, that are contrary to what one’s own A nurse comes out, gives him mouth- and death will we have before we have doctor or physician consultant would to-mouth resuscitation. They start the the courage to change our course. Per- give. IVs. They give him medicines, and they sonally, I have decided that even one This woman was featured on the save his life. But they do not save all of death is too much for me.’’ cover of Time Magazine several years this little baby. Because of his cardiac At that point in time, the room was ago. She had cancer. Her doctor and arrest, his decreased circulation, he stone-cold quiet. The chairman mum- her consultants all recommended a ends up with loss of circulation in his bled, ‘‘Thank you.’’ type of treatment. Her HMO denied it. hands and his feet, and gangrene sets Well, Mr. Speaker, let me tell you There was no specific exclusion of cov- in. Both his hands and both his feet about some of the real-life people that erage for that type of treatment or have to be amputated. have been affected by HMO abuses. It is contract. But under Federal law, her Here is James after his HMO treat- important, when we talk about the de- HMO can define medical necessity in ment, without his hands and without tails, the technical details of some of any way they want to. his feet. I brought him to the floor of these bills, that we remember that If one gets one’s insurance from one’s Congress when we had our debate. He there are actually people involved with employer, does one’s State insurance can put on his leg prostheses with his the consequences of HMO decisions. commissioner have any say in that? arm stumps, and he gets around pretty It has now been about 4 years since a No. Congress took that away from good, and he is a great kid. He will woman was hiking about 40 miles east State insurance commissioners 25 take a pencil, and he will hold it with of Washington here. She fell off a 40- years ago. Under current law, HMOs his stumps, and he can draw and write foot cliff. She fractured her skull, that make decisions, medical necessity like that. But I would submit to my broke her arm, had a fractured pelvis. decisions, through employer plans, can colleagues that this little boy will She was laying on the rocks at the base define medical necessity any way they never play basketball or sports. of a 40-foot cliff, close to a pond. Fortu- want. Even though this woman’s doc- 1300 nately she did not fall into that. Her tors all recommended that she have This little boy when he grows up will boyfriend who was hiking with her this treatment that could have saved never be able to caress the cheek of the managed to get her life-flighted to a her life, they said, no, and she died. woman he loves with his hand. Do you Let me tell my colleagues about an- hospital. know that under Federal law the HMO This was that young woman, Jackie other type of medical decision that an which made that medical determina- Lee, being trundled up, put on the heli- HMO made 5 or 6 years ago. About 3:00 tion that he had to go to that hospital copter. She spent about a month in the in the morning, Lamona Adams was that caused this to happen is liable for ICU. She was really sick. She had se- taking care of little Jimmy when he the cost of his amputations? vere injuries. She was on intravenous was 6 months old. He had a tempera- Mr. Speaker, if he died, then they morphine for pain. ture of about 104, 105, and he was pretty would not have been liable for any- After she got out of the hospital, her sick. She looked at him, and she talked thing. Is that justice? Is that fair? Is HMO refused to pay for her hospitaliza- to her husband, and they thought he that the type of system we ought to tion. Why was it that her HMO would needed to go to the emergency room. have that covers 75 percent of the peo- not pay? Well, the initial answer was, So they were good HMO clients. They ple in this country who receive their Jackie had not phoned ahead for prior phoned that 1–800 HMO number. They insurance from their employer? I think authorization. She had not phoned got somebody 1,000 miles away who not. ahead to let them know that she was knew nothing about the Atlanta, Geor- Let me give you another example of going to fall off a cliff and be injured. gia area where they lived. the problem with HMOs being able to Boy, I would tell you, you would need The person said, ‘‘Yes, I will author- determine ‘‘medical necessity’’ in any a real crystal ball to get care from that ize you to go to an emergency, but you way that they want. Here is a little HMO. Or maybe when she was semi- can only go to this one emergency baby born with a defect, the type of comatose, lying at the base of that room.’’ Little Jimmy’s mother said, which I fix; this is a cleft lip and a cleft cliff, she was supposed to, with her ‘‘Well, where is it?’’ The voice at the palate. It is a birth defect. This is not nonbroken arm, pull a cellular phone end of that 1–800 line said, ‘‘Well, I do a, quote, ‘‘cosmetic defect.’’ This is a out of her pocket and phone a 1–800 not know. Find a map.’’ functional defect. number and say, hey, guess what? I fell So at 3:30 in the morning, Mom and This little boy when he eats has food off a 40-foot cliff. I need to go to the Dad wrapped up little Jimmy, got into come out of his nose. This little boy, emergency room. the car. There is a severe storm out- because he does not have a roof of his Well, then after she contested that, side. They start their trek to this au- mouth or a palate, will never be able to then the HMO still refused to pay for thorized hospital which is about 70 learn to speak normally. her bill because they said, ‘‘Well, you miles away, 70, 70 miles away. They So what is the standard treatment were in the hospital for a while. You live clear on the south side of Atlanta, for this? Surgical correction. We can go did not phone us within the first few and this authorized hospital is on the a long ways towards making these kids days that you were in the hospital.’’ north side. So they have to go through whole again and able to go out in pub- Her rejoinder was, ‘‘I was in the ICU on all of metropolitan traffic. lic and able to speak and able to eat a morphine drip. I guess it did not On their way, about halfway there, normally by a surgical correction of enter my mind.’’ That is one of the ex- they passed three emergency rooms their palate. amples that we are dealing with. that they should have been able to stop You know what? There are some Under the bill that passed the House at. But they were not medical profes- HMOs that are defining medical neces- of Representatives a couple of months sionals. They knew he was sick, but sity as the ‘‘cheapest least expensive ago, this woman would be taken care of they did not know how sick. They care,’’ ‘‘the cheapest least expensive because we have a provision in that bill knew if they stopped at one of those care.’’ that says that, if one needs to go to the unauthorized hospitals that the HMO Mr. Speaker, you may say in this age emergency room, and if a layperson would not pay, and this could be really of cost containment, what is wrong would agree that this is an emergency, expensive. with that? I will tell you what is wrong would anyone not agree that that is an Unfortunately, before they got to the with that: the standard of care for this emergency, if a layperson would agree authorized hospital, Jimmy’s eyes little baby born with this birth defect that that is an emergency, then that rolled back in his head, he stopped is surgical correction of his palate HMO is obligated to pay the bill. We breathing, and he had a cardiac arrest. using his own tissues so that he is able passed that provision for Medicare pa- So, imagine, Dad driving like crazy, to eat and speak normally. tients. We still have not done anything Mom trying to keep her little baby Under that bizarre definition of an for all of the people in this country. alive. They finally pull into the emer- HMO, they can give his parents a little Well, what about HMOs like this gency room. Mom grabs her baby, piece of plastic to shove up in the roof medical reviewer talking about making jumps out of the car, screaming ‘‘save of his mouth, what is called an obtu- determinations of medical necessity my baby, save my baby.’’ rator, a plastic obturator. It would be

VerDate 27-JAN-2000 00:34 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.051 pfrm02 PsN: H09PT1 February 9, 2000 CONGRESSIONAL RECORD — HOUSE H277 like an upper denture. Yes, that would Mr. SMITH of Michigan, for 5 minutes, 6095. A letter from the Director, Office of keep food some of the time from going today. Regulatory Management and Information, up his nose. He might be able to garble Mr. PETERSON of Pennsylvania, for 5 Environmental Protection Agency, transmit- out some type of speech. But you know minutes, today. ting the Agency’s final rule—Approval and Promulgation of Air Quality Implementa- what? It would not be an optimal re- Mrs. CHENOWETH-HAGE, for 5 minutes, tion Plans; Commonwealth of Pennsylvania; sult. today. Oxygenated Gasoline Program [PA074–4094a; Under Federal law as it currently ex- FRL–6501–2] received December 10, 1999, pur- ists today, that HMO can put that defi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- nition into their health plans, some- ENROLLED BILL SIGNED mittee on Commerce. thing in the fine print that none of you Mr. THOMAS, from the Committee 6096. A letter from the Director, Office of would ever know about. They could to- on House Administration, reported Regulatory Management and Information, tally justify this, and you would have that that committee had examined and Environmental Protection Agency, transmit- ting the Agency’s final rule—Protection of no recourse, other than maybe going to found truly enrolled a bill of the House Stratospheric Ozone [FRL–6503–7] received your newspaper and exposing them. of the following title, which was there- December 7, 1999, pursuant to 5 U.S.C. That is wrong. upon signed by the Speaker: 801(a)(1)(A); to the Committee on Commerce. Mr. Speaker, this House passed by a H.R. 2130. An act to amend the Controlled 6097. A letter from the Director, Office of vote of 275 to 151 a strong patient pro- Substances Act to direct the emergency Regulatory Management and Information, tection piece of legislation called the scheduling of gamma hydroxybutyric acid, Environmental Protection Agency, transmit- Bipartisan Consensus Managed Care to provide for a national awareness cam- ting the Agency’s final rule—Approval and Act. The gentleman from Georgia (Mr. paign, and for other purposes. Promulgation of Implementation Plans and State Operating Permits Programs; State of NORWOOD), a very conservative Repub- Missouri [MO 082–1082; FRL–6506–2] received lican, and I, and the gentleman from ADJOURNMENT December 7, 1999, pursuant to 5 U.S.C. Michigan (Mr. DINGELL) wrote that 801(a)(1)(A); to the Committee on Commerce. bill. We have had two motions to in- Mr. GANSKE. Mr. Speaker, I move 6098. A letter from the Secretary, Bureau struct for our conferees on this man- that the House do now adjourn. of Consumer Protection, Federal Trade Com- The motion was agreed to; accord- aged care patient reform bill to follow mission, transmitting the Commission’s the House bill. ingly (at 1 o’clock and 6 minutes p.m.), final rule—Recission of the Guides for the This House voted on the Senate bill, the House adjourned until tomorrow, Law Book Industry—received January 11, Thursday, February 10, 2000, at 10 a.m. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the which is a do-nothing fig leaf bill, Committee on Commerce. where the fine print is worse than the 6099. A letter from the Assistant Adminis- status quo. This House voted on that. EXECUTIVE COMMUNICATIONS, trator for Fisheries, National Marine Fish- You know what? This House voted by a ETC. eries Service, National Oceanic and Atmos- vote of 145 for the Senate bill to 284 pheric Administration, transmitting the Ad- Under clause 8 of rule XII, executive against the Senate bill. ministration’s final rule—Fisheries of the We have a chairman of this con- communications were taken from the Northeastern United States; Northeast Multispecies Fishery; Framework 31 to the ference who says we are going to stick Speaker’s table and referred as follows: 6089. A letter from the Under Secretary of Northeast Multispecies Fishery Management to that Senate bill. Mr. Speaker, we Plan [Docket No. 991217342–9342–01 I.D. can do better. We can do better for this Rural Development, Department of Agri- culture, transmitting the Department’s final 120199D] (RIN: 0648–AN15) received January little baby. We can do better for James rule—Rural Business Opportunity Grants 21, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Adams. We can do better for this lady (RIN: 0570–AA05) received December 21, 1999, the Committee on Commerce. 6100. A letter from the Director, Office of and her family. We can do better for a pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Personnel Management, transmitting the Of- woman who falls off a 40-foot cliff and mittee on Agriculture. fice’s final rule—Retirement Eligibility for is told by her HMO, sorry, you did not 6090. A letter from the Administrator, Nuclear Materials Couriers Under CSRS and Food and Nutrition Service, Department of notify us before your fall. FERS (RIN: 3206–AI66) received January 7, Agriculture, transmitting the Department’s We have waited on this legislation 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Food Distribution Programs: Im- too long. It is time to fix it. The Presi- Committee on Government Reform. dent has said put that bipartisan con- plementation of the Personal Responsibility 6101. A letter from the Director, Fish and sensus Managed Care Reform Act, the and Work Opportunity Reconciliation Act of Wildlife Service, Department of the Interior, 1996 (Welfare Reform) received January 7, transmitting the Department’s final rule— one that passed this House with 275 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the votes, put it on my desk, and I will Endangered and Threatened Wildlife and Committee on Agriculture. Plants; Determination of Endangered Status sign it. We should do that tomorrow, 6091. A letter from the Chairman and Chief for Two Larkspurs from Coastal Northern because I can guarantee you, Mr. Executive Officer, Farm Credit Administra- California (RIN: 1018–AE23) received January Speaker, there are people out there at tion, transmitting the Administration’s final 24, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to this very moment that are being rule—Authority and Issuance—received Jan- the Committee on Resources. harmed by HMOs that are being denied uary 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 6102. A letter from the Director, Office of necessary medical care, who may lose to the Committee on Banking and Financial Surface Mining, Department of the Interior, Services. transmitting the Department’s final rule— their hands and feet or their life be- 6092. A letter from the Associate Solicitor cause of arbitrary decisions. Arkansas Abandoned Mine Land Reclama- for Legislation and Legal Counsel, Depart- tion Plan [SPATS No. AR–035–FOR] received I call upon Members of both side of ment of Labor, transmitting the Depart- January 11, 2000, pursuant to 5 U.S.C. the aisle to work hard to bring a real ment’s final rule—Supplemental Standards 801(a)(1)(A); to the Committee on Resources. patient protection bill out of con- of Ethical Conduct for Employees of the De- 6103. A letter from the Associate Bureau ference to this floor and put it on the partment of Labor (RIN: 1290–AA15, 3209– Chief, Wireless Telecommunications Bureau, President’s desk. If the conference AA15) received January 7, 2000, pursuant to 5 Federal Communications Commission, trans- brings back that unsatisfactory Senate U.S.C. 801(a)(1)(A); to the Committee on Edu- mitting the Commission’s final rule—Revi- bill, then I am just afraid we are all cation and the Workforce. sion of the Commission’s Rules To Ensure 6093. A letter from the Director, Corporate Compatibility with Enhanced 911 Emergency going to say no. Let us fix this prob- Policy and Research Department, Pension Calling Systems [CC Docket No. 94–102 RM– lem, and let us fix it now. People need Benefit Guaranty Corporation, transmitting 8143] received January 20, 2000, pursuant to 5 their care. the Corporation’s final rule—Allocation of U.S.C. 801(a)(1)(A); to the Committee on Re- Assets in Single-Employer Plans; Interest sources. Assumptions for Valuing Benefits—received 6104. A letter from the Director, Office of SPECIAL ORDERS GRANTED January 24, 2000, pursuant to 5 U.S.C. Sustainable Fisheries, National Marine Fish- By unanimous consent, permission to 801(a)(1)(A); to the Committee on Education eries Service, National Oceanic and Atmos- address the House, following the legis- and the Workforce. pheric Administration, transmitting the Ad- lative program and any special orders 6094. A letter from the Administrator, ministration’s final rule—Fisheries of the Food Safety and Inspection Service, Depart- Exclusive Economic Zone Off Alaska; Pol- heretofore entered, was granted to: ment of Agriculture, transmitting the De- lock in Statistical Area 630 of the Gulf of (The following Members (at the re- partment’s final rule—Irradiation of Meat Alaska [Docket No. 991223348–9348–01; I.D. quest of Mr. RILEY) to revise and ex- Food Products [Docket No. 97–076F] received 012700D] received February 3, 2000, pursuant tend their remarks and include extra- January 7, 2000, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on neous material:) 801(a)(1)(A); to the Committee on Commerce. Resources.

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6105. A letter from the Acting Director, Of- [Notice 2000–3] received January 7, 2000, pur- Ohio, Mr. WEYGAND, Mr. DELAHUNT, fice of Sustainable Fisheries, National Ma- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. CROWLEY, Mr. CAPUANO, Mr. rine Fisheries Service, National Oceanic and mittee on Ways and Means. MALONEY of Connecticut, Mr. Atmospheric Administration, transmitting 6113. A letter from the Chief, Regulations BALDACCI, Mr. ANDREWS, Mr. the Administration’s final rule—Fisheries of Unit, Internal Revenue Service, transmitting SWEENEY, and Ms. MILLENDER- the Exclusive Economic Zone Off Alaska; the Service’s final rule—Section 162.-Trade MCDONALD): Pollock in the Gulf of Alaska [Docket No. or Business Expenses—received January 7, H.R. 3608. A bill to provide the Secretary of 9912223348–9348–01; I.D. 012700C] received Feb- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Energy with authority to create a Fuel Oil ruary 3, 2000, pursuant to 5 U.S.C. Committee on Ways and Means. Product Reserve to be available for use when 801(a)(1)(A); to the Committee on Resources. 6114. A letter from the Chief, Regulations fuel oil prices in the United States rise 6106. A letter from the Program Analyst, Unit, Internal Revenue Service, transmitting sharply because of anticompetitive activity, FAA, Department of Transportation, trans- the Service’s final rule—Recharacterizing during a fuel oil shortage, or during periods mitting the Department’s final rule—Air- Financing Arrangements Involving Fast-pay of extreme winter weather; to the Com- worthiness Directives; Aircraft Belts, Inc. Stock [TD 8853] (RIN: 1545–AV07) received mittee on Commerce. Model CS, CT, FM, FN, GK, GL, JD, JE, 4JT, January 7, 2000, pursuant to 5 U.S.C. By Mr. SANDLIN (for himself, Mr. JU, MD, ME, MM, MN, NB, PM, PN, RG, and 801(a)(1)(A); to the Committee on Ways and TURNER, and Mr. BERRY): RH Seat Restraint Systems [Docket No. 98– Means. H.R. 3609. A bill to amend the Federal SW–33–AD; Amendment 39–11460; AD 98–25–10 6115. A letter from the Chief, Regulations Water Pollution Control Act to exempt cer- R1] (RIN: 2020–AA64) received December 13, Unit, Internal Revenue Service, transmitting tain silviculture activities from permits 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Service’s final rule—Section 1. Purpose under the national pollutant discharge Committee on Transportation and Infra- and Nature of Changes [Rev. Proc. 2000–3] re- elimination system; to the Committee on structure. ceived January 11, 2000, pursuant to 5 U.S.C. Transportation and Infrastructure. 6107. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Ways and By Mr. BARRETT of Wisconsin: FAA, Department of Transportation, trans- Means. H. Res. 420. A resolution expressing support mitting the Department’s final rule—Air- 6116. A letter from the Chief, Regulations for a National Reflex Sympathetic Dys- worthiness Directives; Dassault Model Unit, Internal Revenue Service, transmitting trophy (RSD) Month; to the Committee on Mystere-Falcon 50 and 900 Series Airplanes, the Service’s final rule—Purchase Price Al- Commerce. Falcon 900EX Series Airplanes, and Falcon locations in Deemed and Actual Asset Acqui- By Mr. TANCREDO (for himself, Mr. 2000 Series Airplanes [Docket No. 98–NM–266– sitions [TD 8858] (RIN: 1545–AZ58) received PAYNE, and Mr. SMITH of New Jer- AD; Amendment 39–11452; AD 99–25–09] (RIN: January 12, 2000, pursuant to 5 U.S.C. sey): 2120–AA64) received December 13, 1999, pursu- 801(a)(1)(A); to the Committee on Ways and H. Res. 421. A resolution expressing the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Means. sense of the House of Representatives in on Transportation and Infrastructure. commending Michael Horowitz in his efforts 6108. A letter from the Attorney, Office of to raise public awareness of the atrocities the Secretary, Department of Transpor- PUBLIC BILLS AND RESOLUTIONS being committed by the Government of tation, transmitting the Department’s final Under clause 2 of rule XII, public Sudan and the perceived complacency of the rule—Rules of Practice in Proceedings bills and resolutions of the following Government of the United States to take a [Docket No. OST–97–2090] (RIN: 2105–AC48) titles were introduced and severally re- firm stand against this totalitarian regime; received December 20, 2000, pursuant to 5 to the Committee on International Rela- U.S.C. 801(a)(1)(A); to the Committee on ferred, as follows: tions. Transportation and Infrastructure. By Mr. CANNON (for himself and Mr. 6109. A letter from the Associate Adminis- HANSEN): trator for Procurement, National Aero- H.R. 3605. A bill to establish the San Rafael nautics and Space Administration, transmit- Western Legacy District in the State of ADDITIONAL SPONSORS ting the Administration’s final rule—Imple- Utah, and for other purposes; to the Com- Under clause 7 of rule XII, sponsors menting Foreign Proposals to NASA Re- mittee on Resources. search Announcements on a No-Exchange-of- By Mrs. KELLY: were added to public bills and resolu- Funds Basis—received January 24, 2000, pur- H.R. 3606. A bill to authorize appropria- tions as follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- tions to reimburse State and local police and H.R. 218: Mr. EVERETT. mittee on Science. sheriff’s departments in the State of New H.R. 220: Mr. SIMPSON. 6110. A letter from the Chief, Regulations York for certain security-related expenses H.R. 353: Mr. MCINTYRE and Mr. HEFLEY. Unit, Internal Revenue Service, transmitting arising out of the new residency of the Presi- H.R. 739: Mr. EVANS. the Service’s final rule—Deductions for dent and First Lady in that State; to the H.R. 1070: Mr. TANCREDO, Mr. EVANS, Mr. Transfers for Public, Charitable, and Reli- Committee on the Judiciary. FLETCHER, and Mr. DOYLE. gious Uses; In General Marital Deduction; By Mr. LAFALCE: H.R. 1304: Mr. KANJORSKI and Mr. BORSKI. Valuation of Interest Passing to Surviving H.R. 3607. A bill to amend section 255 of the H.R. 1532: Ms. SLAUGHTER. Spouse [TD 8846] (RIN: 1545–AV45) received National Housing Act to waive the up-front H.R. 1644: Mr. RYAN of Wisconsin. December 7, 1999, pursuant to 5 U.S.C. premiums otherwise payable by elderly H.R. 1885: Ms. KAPTUR and Mr. POMEROY. 801(a)(1)(A); to the Committee on Ways and homeowners for insurance of home equity H.R. 2289: Mr. FOLEY. Means. conversion mortagages the proceeds of which H.R. 2562: Mr. BURTON of Indiana. 6111. A letter from the Chief, Regulations are used to purchase long-term care insur- H.R. 2655: Mr. NORWOOD. Unit, Internal Revenue Service, transmitting ance; to the Committee on Banking and Fi- H.R. 2680: Mr. BLAGOJEVICH. the Service’s final rule—Subtitle S Subsidi- nancial Services. H.R. 2780: Mrs. THURMAN. aries (RIN: 1545–AU77) [TD 8869] received By Mr. SANDERS (for himself, Mr. H.R. 2979: Mr. LATOURETTE. January 24, 2000, pursuant to 5 U.S.C. BOEHLERT, Mr. LARSON, Mrs. JOHNSON H.R. 3003: Mr. GEJDENSON and Mr. KOLBE. 801(a)(1)(A); to the Committee on Ways and of Connecticut, Mr. GEJDENSON, Mr. H.R. 3155: Mr. MURTHA, Mr. MCHUGH, Mr. Means. MCHUGH, Mr. MENENDEZ, Mr. SHAYS, SAXTON, Mr. HINCHEY, Mr. OWENS, and Mr. 6112. A letter from the Chief, Regulations Mr. HOLDEN, Mr. ALLEN, Ms. WELDON of Pennsylvania. Unit, Internal Revenue Service, transmitting DELAURO, Mr. MCGOVERN, Mr. FRANK H.R. 3439: Mr. CRAMER, Mr. HAYES, Mr. the Service’s final rule—Administrative, of Massachusetts, Mr. KENNEDY of LEWIS of California, and Mr. RILEY. Procedural, and Miscellaneous Cash or De- Rhode Island, Mrs. MCCARTHY of New H.R. 3525: Mrs. CHENOWETH-HAGE, Mr. ferred Arrangements; Nondiscrimination York, Mr. MCNULTY, Mrs. JONES of CAMPBELL, and Mrs. FOWLER.

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Vol. 146 WASHINGTON, WEDNESDAY, FEBRUARY 9, 2000 No. 11 Senate The Senate met at 10:30 a.m. and was SCHEDULE Under the previous order, the time called to order by the President pro Mr. ALLARD. Mr. President, today until 11 a.m. shall be under the control tempore [Mr. THURMOND]. the Senate will be in a period of morn- of the Senator from Illinois or his des- ing business until 11:30 a.m. Following ignee. PRAYER morning business, the Senate will re- The Senator from Illinois. The Chaplain, Dr. Lloyd John sume consideration of S. 1287, the nu- Mr. DURBIN. I thank the Chair. I Ogilvie, offered the following prayer. clear waste disposal bill. Members rise to speak in morning business. Loving Father, You have told us that should be aware that amendments to f Your perfect love casts out fear. So we the nuclear waste bill will be offered CHICAGO’S BOB COLLINS open our minds to think about how during today’s session. Further, a final Mr. DURBIN. Mr. President, before much You love us and open our hearts agreement regarding amendments and addressing the President’s budget, I to be filled with Your unlimited love. debate time should be entered into at wish to address an issue that is more Remind us that nothing happens with- some time today. Therefore, Senators personal and a lot closer to home. Chi- out Your permission and that You are can expect amendments to the nuclear cago lost a great friend yesterday, and able to use everything that happens to waste bill throughout the day. As a re- us to bring us closer to You. Therefore, minder, second-degree amendments to I lost a great friend as well. Bob Col- we commit to You the anxieties in our the committee substitute must be filed lins, top-rated radio personality in the personal and professional lives that by noon today. city of Chicago, died in an airplane cause fear of the future. So that we I thank my colleagues for their at- crash that was reported around the Na- may work today with freedom from tention. tion. fear, we entrust to Your care our loved The PRESIDENT pro tempore. The Bob Collins was an extraordinary ones and their needs, our friends who Senator from Nevada. person. When you think of what cre- face sickness and problems, our fellow Mr. REID. Mr. President, I appreciate ates a community, it is a person such workers in the Senate who need Your the outline of today’s activities by the as Bob Collins. His voice every morning special care. We surrender our fears of acting leader. I would say, however, I in Chicago was a blend of wisdom and the possible failure of our own plans think we had better understand that humor that really set people off on a and programs. Thank You for Your there is a unanimous consent agree- good day. I can recall visiting his stu- dios so many times and feeling right at bracing assurance through Isaiah: ment floating around now that is not home. ‘‘Fear not . . . you are mine. When you even close, and so unless there is more work done in this regard, I think there Bob was a typical Chicagoan, a typ- pass through the waters, I will be with ical Midwesterner, and I think that is you and through the rivers, they shall will be a number of people on this side who simply will object to the proposal. the reason for his success. Our not overflow you.’’ thoughts, of course, today are with his Now we press on to the work of the But I am always open to suggestions, family and his wife Christine, but we day with the assurance that Your per- and I say to the acting leader that if should reflect for a moment on the fect love will cast out fear all through the manager of the bill, Senator MUR- great contribution which this man the day. In the name of Him who never KOWSKI, has some ideas in this regard, made in over 25 years at radio station leaves nor forsakes us. Amen. we are certainly a phone call away. WGN. f f Great cities are made up of great peo- PLEDGE OF ALLEGIANCE RESERVATION OF LEADER TIME ple and Chicago is no exception. Bob The Honorable WAYNE ALLARD, a The PRESIDING OFFICER (Mr. Collins, at WGN Radio since 1974, was a combination of town crier, court jester, Senator from the State of Colorado, led ALLARD). Under the previous order, the wise counselor, and fellow common the Pledge of Allegiance as follows: leadership time is reserved. man. A Shakespeare quote comes to I pledge allegiance to the Flag of the f mind: ‘‘He was wont to speak plain and United States of America, and to the Repub- MORNING BUSINESS lic for which it stands, one nation under God, to the purpose.’’ indivisible, with liberty and justice for all. The PRESIDING OFFICER. Under He started at age 13 at a radio station f the previous order, there will now be a in Lakeland, FL. When he was 14, he period for the transaction of morning had his own show, and radio was still RECOGNITION OF THE ACTING business not to extend beyond the hour at that time everyone’s link to the MAJORITY LEADER of 11:30 a.m., with Senators permitted world. Until the day he died, he re- The PRESIDENT pro tempore. The to speak therein for up to 5 minutes mained Chicago residents’ link to each Senator from Colorado is recognized. each. other and to a wider community.

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

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VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S510 CONGRESSIONAL RECORD — SENATE February 9, 2000 What was it about Bob Collins that That is the linchpin and pillar of the that is more sensible, more targeted, made hundreds of thousands of President’s budget, and it is sound. It more consistent with maintaining our Chicagoans tune in virtually every is sound for our future. economic growth. weekday morning? What was it about The President says that as we bring The President says families worry Bob Collins that enabled him not only down this national debt, we will pre- about paying for college education; to follow his fabled predecessor Wally serve Social Security so it is there not let’s help them; let’s give them a de- Phillips, but to create his own fol- only for the current retirees, but the duction for college education expenses. lowing? baby boomers and beyond. We will in- In doing that, we will start to enable Well, like Bob, it is fairly simple. In vest in Medicare, an issue which many more and more young people to realize an age of political extremes and shock Republicans do not even want to dis- their dream of a college education and radio, we found in Bob Collins an ob- cuss. We will make certain that the pass it along to their children. Is there servant, thoughtful, plain spoken but health insurance plan for the elderly anything more important for the fu- fair and common man who never lost and disabled in America is adequately ture of our country? touch with the community he loved. He funded and the doctors, hospitals, and The President says as well there connected with us and with the fami- health care providers across America should be a tax credit for long-term lies across Illinois and Chicago who know that Medicare has a bright fu- care for the fastest growing segment of were his loyal fans. Shaving in the ture. the American population—people over morning, drinking coffee, fighting the The Nation is witnessing the first the age of 85, our parents and our daily commute, Bob was there at our back-to-back budget surpluses in 43 grandparents, many of whom will need side. years, the smallest welfare rolls in 30 help in their advancing years. Their In addition to winning our ears and years, the lowest overall crime rate in sons and daughters care about them, hearts, Bob’s unparalleled ability to 25 years, the lowest unemployment and we need to help them with the mix humor, human interest stories, rate in 30 years. The statistics go on long-term care tax credit. and intelligent, thoughtful news won and on. The earned-income tax credit is a him award after award. His commit- Whether it is a Presidential can- term with which many people are not ment to Chicago did not end when the didate or a Member of Congress who is familiar, but it is a tax credit for work- microphone was turned off. He was al- critical of President Clinton’s budget ing families who are not making much ways the champion of the little guy. He and approach, my challenge to them is: money. We want to encourage work received the Salvation Army award How would you do it better? What can and help families, and the President, known as ‘‘The Other Award’’ because we look to in history to point to a bet- focusing on the earned-income tax of his spirit and his dedication. ter model than what we have seen over credit, leads us in the right direction. His hobbies included motorcycling the past 7 years? We reached a mile- Of course, there are those who say if and flying. He was a man who enjoyed stone in America’s economic history. we are going to have a surplus over the life and every minute of it. WGN’s Our economic expansion is the longest, next 10 years, then the first thing we Spike O’Dell signed on this morning a remarkable 107 months of consecu- should do is give a massive tax cut pri- and announced: WGN Radio, Chicago. tive growth. In fact, it was reported marily to wealthy people. Yet we know This is the Bob Collins Show.’’ These yesterday that we have had produc- quite honestly that is irresponsible. words remind us that mornings in Chi- tivity growth of 5 percent. America is The American people know that intu- cago will always belong to Bob Collins, on a roll, and those who would derail it itively. First, the surplus is not in and he will continue to ride and fly and for their own political purposes had hand and, second, to take whatever laugh through all of our memories. Thank you, Uncle Bobby. Chicago is best step back and think twice. surplus we have and give it away as a going to miss you. There are clearly differences which I permanent tax cut is to say to people will have with the President on spe- across America that we do not need to f cifics in the budget. There are dif- pay down our national debt, we do not THE PRESIDENT’S BUDGET ferences which will come out during need to invest in America’s children Mr. DURBIN. Mr. President, the the course of the congressional debate, and families. We do not need to create topic this morning for our morning but whether they come from the Demo- tax cuts that are more targeted. business is the President’s budget, a cratic side or Republican side, let us The President has it right. The Presi- budget released by the President sev- not lose sight of our goal. dent has said to the American people: eral days ago that is a continuation of Alan Greenspan, as Chairman of the Let us not ruin a good thing; let us a strategy of the past 7 years, a strat- Federal Reserve Board, last year spoke move forward. egy which has paid off for America. to several committees in Congress— There are many things with which we There are those who have rejected this and he continues to do that—and ad- need to deal in this time of prosperity budget. There are those who have said monished us to keep in mind the basic which we may never have another it is a disaster. There are those who things we need to do as a nation to chance to consider. If we cannot at this have used the timeworn cliche that the continue to progress. Bringing down moment in time reach out to the President’s budget is dead on arrival. the national debt is his highest pri- American society and help those who For those who want to use this medical ority. are struggling with day-to-day prob- analogy, let me remind them of an- President Clinton’s budget invests lems in their family and life, when will other medical admonition: First, do no money in those things that will keep we ever do it? harm. Those who would criticize the this economy moving forward—in the If we cannot extend the protection of President’s budget should come up people of America. He has not given up health insurance, as the President has with their alternative. Let them see if on the families and people who have proposed, to children and families they can match the performance of the made this economic recovery such a re- across America at this moment in Clinton administration over the last 7 ality. time, when will we do it? Those who years. Let them come up with a for- He is investing in education so the are 55 years of age who, frankly, may mula that is sensible, that will move next generation of skilled workers and face retirement and loss of health in- this country forward as quickly and as leaders will be there. He is investing in surance need to have the option of buy- positively as President Clinton’s plans health care to take away one of the ing into the Medicare plan. have during the course of his adminis- major concerns of every family in Those who are already retired and tration. America: affordability of quality the disabled who rely on Medicare need His budget says we have a strategy health care. to have the protection of a prescription based on fiscal discipline, a strategy Yes, the President does have a tax drug plan, a benefit which is common which will bring down the national cut plan, but it is a targeted, specific to almost every health insurance plan. debt and say to our children: We will tax cut plan—not the broad-based, The President has said we can do that, not saddle you or burden you with debt overwhelming plan which we hear from consistent with reducing the national that we incurred during our lifetime Presidential candidate George W. Bush debt and protecting Social Security as for our purpose. or some leaders in Congress, but one well as Medicare. There are certain

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S511 things at this moment in time which The President is right, this should be conflict in Chechnya and your response to we can do. our highest priority. We collect every the humanitarian tragedy there. We recog- If we do not invest at this moment in single day in America $1 billion in nize the importance of Russia’s territorial time in education for future genera- taxes from individuals and businesses integrity, and your government’s obligation tions, how shortsighted we are. My to protect its citizens from terrorist and and families to pay interest on our other acts of aggression. This responsibility, friends on the Republican side of the debt. If we follow the President’s lead however, does not and cannot justify the use aisle do not view the educational issue and eliminate the publicly held debt, it of indiscriminate force against civilians and as many of us do. Their idea of edu- will dramatically reduce those interest the displacement of hundreds of thousands of cation is a voucher plan to help those payments, and that is good for this persons. who would send their children to pri- country. That is money that can be Since October 1, the Russian military of- vate schools. spent on good programs for education fensive in Chechnya has involved a relentless bombing and artillery campaign that has I certainly can sympathize with and health care and given back to fam- these families struggling to do that. killed thousands of innocent civilians and ilies in the form of tax cuts. displaced over 200,000 people. Reports from My wife and I sent our kids to Catholic We have seen Government reduced schools and I attended Catholic those fleeing Chechnya detail incidents of and diminished in size. We have seen as schools. But our first obligation as a widespread looting, summary executions, de- a percentage of the gross domestic tentions and rape. government is to the 90 to 95 percent of product the percentage spent on Gov- As you know, Russia has assumed obliga- the students in public education, the ernment coming down. This is what tions under the Geneva conventions and kids in Minneapolis or Chicago or Los America asked for; this is what they commitments under the OSCE Code of Con- Angeles or New York who want to have duct on Politico-Military Aspects of Secu- the very best schools and the very best received. rity. Common Article 3 of the Geneva Con- teachers. Of course, with the President’s budg- vention states that in ‘‘armed conflicts not The President has proposed money et, there will be a great amount of de- of an international character, persons taking for teacher training to improve their bate. The Congress will get its chance. no part in hostilities . . . shall be treated hu- skills so they can continue to bring the The Republican leadership in the House manely.’’ Article 36 of the OSCE Code of Con- and Senate can come up with its work duct states that ‘‘if recourse to force cannot next generation forward well versed be avoided in performing internal security and well trained in the technology with product and put it next to the Presi- dent’s, and we can make our choice. missions, each participating State will en- which we are dealing. sure that its use must be commensurate with There were statistics given to us yes- I will tell you this. It should be meas- the needs of enforcement. The armed forces terday about some of the things that ured by one standard: Does it meet the will take due care to avoid injury to civil- have happened during the Clinton ad- test of common sense? Will the pro- ians or their property.’’ Russia’s campaign in ministration which are often over- posals coming out of this Republican Chechnya violates these commitments. looked by the critics of the President’s Congress keep America moving for- We urge your government to allow into budget. Let me tell you two or three ward? Can they explain to families Chechnya and Ingushetia an international across America that we should break monitoring mission. This mission should which I think are amazing. have unfettered access and a broad mandate Record budget deficits have been with a policy that has done so much for to monitor and report on the humanitarian erased. Do my colleagues know the so many in this country? I think they situation. Your government should imme- Congressional Budget Office suggested are going to be hard pressed to do it. diately allow civilians safe passage from that this year we were going to have a But it is the nature of our deliberative Chechnya, assist those persons who have deficit of $455 billion? That was their process that they will have that been displaced from Chechnya as a result of projection when President Clinton opportunity. this conflict and allow representatives of came to office. President Clinton came Mr. President, at this time I am pre- international humanitarian agencies full and to Congress and said: I have a plan that pared to yield the floor and the remain- unimpeded access to those persons in order is going to turn this around. Instead of to provide humanitarian relief. Finally, we der of our morning business time to my urge your government to initiate investiga- deficits, we can move America forward. colleague from the State of Minnesota. tions into alleged human rights abuses and Some of us believed the President Mr. WELLSTONE. Mr. President, to hold accountable those responsible. was right. In fact, I voted for the Presi- first of all, if it is all right with my President Putin, we believe it is impera- dent’s 1993 plan. There were Members colleague from Illinois, I will speak on tive that you devote every effort to achieve of Congress running around hollering, two matters. I thank him for his elo- a peaceful resolution of the conflict in ‘‘The sky is falling if the President’s quence. It turns out on some of the Chechnya. Neither the use of force in 1994– plan passes; it will be nothing but a issues that my colleague raised, we are 1996, which left over 80,000 civilians dead, nor the current use of force in Chechnya will en- disaster.’’ I invite those Members of not 100 percent in agreement, but I Congress to look out the window at the hance the prospects of a durable settlement think Senator DURBIN is a Senator who to the conflict. bright blue sky of our economic pros- speaks with sincerity and marshals his We hope you share our concerns and look perity because of the President’s lead- evidence for his point of view. I think forward to receiving your response. ership in 1993, because Members of Con- Democrats are very lucky to have him Sincerely, gress, all Democrats, and Vice Presi- as a Senator speaking for our party PAUL D. WELLSTONE. dent GORE, who cast the tie-breaking and for the country. Mr. WELLSTONE. I will just read vote, made a courageous decision. f part of this letter: Some of my colleagues in the House of DEAR PRESIDENT VLADIMIR PUTIN: We are Representatives lost their next elec- CHECHNYA writing to express our deep concern over the tion because of that vote. If it is any Mr. WELLSTONE. Mr. President, conflict in Chechnya and your response to comfort to them, they did the right yesterday I spoke about what is hap- the humanitarian tragedy there. We recog- thing for America, and history has nize the importance of Russia’s territorial pening in Chechnya. I believe I should integrity, and your government’s obligation proven them right because instead of speak out about this. I hope other Sen- the anticipated $455 billion deficit this to protect its citizens from terrorist and ators will, as well. other acts of aggression. This responsibility, year, we are anticipating instead a sur- I have a letter that I ask unanimous however, does not and cannot justify the use plus of over $100 billion. What an amaz- consent be printed in the RECORD. This of indiscriminate force against civilians and ing turnaround. is a letter to President Putin. the displacement of hundreds of thousands of We have had the largest paydown of There being no objection, the letter persons. debt in the history of the United Since October 1, the Russian military of- was ordered to be printed in the States. Those who argue the Demo- fensive in Chechnya has involved a relentless RECORD, as follows: crats are not fiscally responsible can- bombing and artillery campaign that has not really say it at this moment be- U.S. SENATE, killed thousands of innocent civilians and Washington, DC, February 8, 2000. cause President Clinton’s leadership displaced over 200,000 people. Reports from President VLADIMIR PUTIN, those fleeing Chechnya detail incidents of and the following of Members of Con- Russian Federation, The Kremlin, widespread looting, summary executions, de- gress have led to the paydown of more Moscow, Russia. tentions and rape. than $290 billion in debt over the last 2 DEAR PRESIDENT VLADIMIR PUTIN: We are As you know, Russia has assumed obliga- years, and we can continue to do that. writing to express our deep concern over the tions under the Geneva conventions and

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S512 CONGRESSIONAL RECORD — SENATE February 9, 2000 commitments under the OSCE Code of Con- individuals. We have a massacre of in- Tuesday, February 3, one officer was duct on Politico-Military Aspects of Secu- nocent people going on there. assigned to this entrance from 0700 to rity. Common Article 3 of the Geneva Con- As the son of a Jewish immigrant— 1500 hours. As I say, that was Tuesday, vention states that in ‘‘armed conflicts not born in the Ukraine, who lived in Rus- February 3. of an international character, persons taking no part in hostilities . . . shall be treated hu- sia, and fled persecution in Russia—I From 0900 to 1000 hours, 432 people manely.’’ Article 36 of the OSCE Code of Con- understand our Government’s role in entered through this entrance, not to duct states that ‘‘if recourse to force cannot the world to speak out for human mention the 332 staffers—Government be avoided in performing internal security rights. Our silence, the silence of the workers—from 0800 to 0900 hours—one missions, each participating State will en- administration and our Government, is officer. Just think about the number of sure that its use must be commensurate with deafening. I think Democrats and Re- people who are streaming in with one the needs of enforcement. The armed forces publicans need to call on President officer. Again, I don’t know exactly will take due care to avoid injury to civil- Putin to live up to his commitment to who is right in terms of how this prob- ians or their property.’’ Russia’s campaign in Chechnya violates these commitments. allow an international monitoring lem gets solved. I think some of our po- force to protect innocent civilians and lice officers believe there are overtime In this letter, I am urging President to get humanitarian assistance to peo- funds for this purpose. It may be that Putin that the Russian Government ple. This is a moderate, modest re- upper management is arguing that allow into Chechnya and Ingushetia an quest. those funds are not available. Others international monitoring mission. f say we have to have more funds to hire This international monitoring mis- more people. One way or the other, ei- CAPITOL HILL POLICE SECURITY sion should have unfettered access and ther there is money there for the over- a broad mandate to monitor and report Mr. WELLSTONE. Mr. President, in time funds to properly staff these posts on the humanitarian situation. The the few minutes I have remaining or additional money is necessary in ap- Russian Government should imme- today, I will talk in specifics about the propriation. diately allow all civilians safe passage security situation here at the Capitol, I just gave two concrete examples on from Chechnya, assist those persons and what is going on and what is not the House and the Senate side this who have been displaced from going on by way of living up to our month of February. I don’t think any Chechnya as a result of this conflict, commitment to Capitol Hill police offi- Senator or anyone in any decision- and allow representatives of inter- cers, and also to the public. making position who is responsible for national humanitarian agencies full As I said, we have made the commit- the security situation here—starting and unimpeded access to those persons ment, and we should honor the com- with these police officers, for them, in order to provide humanitarian relief. mitment. You need two officers at a much less for the public, much less for President Putin has made a commit- post for their security, much less the us—can justify this. It cannot be de- ment that an international monitoring security of the public. fended. presence would be allowed. This has Two examples. Please remember, for I will say it one more time. I think it not happened. those who are listening, the officer who is OK for me to say it. If I say it the Finally, I am urging the Russian works alone at any number of these wrong way, it is not OK for me to say Government to initiate investigations posts is responsible for the following: it. We lost two fine officers. Agent Gib- into alleged human rights abuses and Watching the x ray monitor for weap- son, Officer Chestnut, we lost them. I to hold accountable those responsible. ons or contraband, personally screen- do believe we all said to one another As a Senator, I send this letter to ing persons with a handheld metal de- that we were going to do everything President Putin today. I think it is tector—I say to the Senator from Colo- humanly possible to get the very best very important that he devote every ef- rado, we come in every day, and we see security for our officers. No one can fort to achieve a peaceful resolution. them doing this—controlling pedes- ever guarantee a 100-percent safe situa- Neither the use of force in 1994 to trian traffic at entrances, and watch- tion. What we do know is that we can 1996, which left over 80,000 civilians ing both entry and exit doors for people do everything that is humanly possible dead, nor the current use of force in who try to bypass security. to try to meet that goal. Chechnya will enhance the prospects That is what one officer at one post I just gave two examples this month for any durable settlement to this is supposed to do. that show we have fallen way short of conflict. Example: Ford House Office Building, meeting that goal. We are not doing I am sending this letter today. I am Annex 2, Third Street door entrance, right by the Capitol Hill police officers. going to send a copy to the Senator 441, Third Street, Southwest. By the We are not doing right by the public. from Colorado and other colleagues as way, the Third Street entrance is a We have to take action. well. I hope other Senators will speak multiple-door entrance. I will give other examples over the out. Monday, February 7, 2000, one officer days and weeks to come. Of course, my There is a delegation of several high- was assigned to this entrance from 0700 hope is this problem will be dealt with. ranking officials, parliamentarians to 1500 hours. From 1200 to 1300 hours, I thank Senator DURBIN for allowing with the Chechnya Government, who 512 people entered through the Third me this time. Not seeing any other are here, and they have been trying to Street entrance—one officer. Senators on the floor, I suggest the ab- meet with our State Department. So The Ford Building sits directly sence of a quorum. far, they have not been able to arrange across from the Federal Center South- The PRESIDING OFFICER. The any meeting at all. west metro station, for those who are clerk will call the roll. I am not asking the State Depart- trying to identify it. The assistant legislative clerk pro- ment to recognize the official govern- From 0800 to 0900 hours, 215 people ceeded to call the roll. ment, but our State Department has entered through the entrance—one offi- Mr. WELLSTONE. Mr. President, I met with dissidents from China and cer. This is Monday, February 7. ask unanimous consent that the order dissidents from Russia over the years. I By the way, during the highest vol- for the quorum call be rescinded. think these parliamentarians, these ume of pedestrian traffic, an officer The PRESIDING OFFICER. Without courageous individuals from Chechnya, who was passing by just simply stopped objection, it is so ordered. deserve at least an audience with the and offered assistance. But that is not Mr. WELLSTONE. I ask unanimous State Department—whether it be with the way it is supposed to be. consent to speak for 10 minutes as in the Secretary of State, whether it be Hart Senate Office Building, 120 Con- morning business. with Strobe Talbott, or whether it be stitution Avenue, Northeast; C Street The PRESIDING OFFICER. Without with Secretary Koh who has done such door entrance to the Hart Building. objection, it is so ordered. a fabulous job on human rights issues. This is a multiple-door entrance that is f I just want to say to the State De- open to staff—Government workers— partment today—I am going to con- from 0700 to 0900 hours. This entrance THE BUDGET tinue with calls—I just think it is is actually directly next to Senator Mr. WELLSTONE. Mr. President, I wrong to not at least meet with these NICKLES’ office. didn’t want to take any time during

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S513 the Democrats’ timeframe because I young people or not so young people the wrong way; we like each other—I am so appreciative of Senator DURBIN’s who were attending community col- think and I hope we like each other. I remarks. I have another perspective, leges, who had incomes under $28,000, think what the President has proposed which is just my own intellectually $29,000 a year, got no help anyway. is better than what the Republicans honest and, by the way, personally They had no tax liability from which propose for sure. The Republican view, heartfelt analysis of the budget. to get a credit. Refundable tax credits when it comes to these issues, is that I was struck when Senator DURBIN help low- and moderate-income work- there is not much the Government can was talking about: If not now, when? ing Americans more. or should do but give people a tax The words of Rabbi Hill, his third cen- But with all due respect, we have break, most of it going to the people on tury admonition, were heard by many. made hardly any additional invest- top. That doesn’t meet the needs of Rabbi Hill, speaking to Jews, said: If ment. Sometimes, if you are going to working families in this country any- we don’t speak for ourselves, who will? do it through the tax system, if you are way. If you don’t own a large corpora- And if we speak only for ourselves, who going to talk about long-term care, I tion and you are not wealthy, there is are we? And if not now, when? say to the Senator from Colorado—I a role for Government by way of get- I think Senator DURBIN was talking know this is a huge issue in his State— ting some resources down to the com- about this booming economy and the families are thinking long and hard. I munity level that can make a real dif- fact that with a booming economy and have been through it. Sheila and I and ference to families. But where I dissent our children, we went through it with the business cycle up, we can make our from this budget is where the polls say my parents. They are no longer alive. very good country even better. I agree. emphasize this, so we talk about it. They both had Parkinson’s disease. I Let me spell out my dissent from the The polls say it is a hot issue, so we know what it is like. You don’t want President’s budget. I did it yesterday, talk about it. but today I want to do it in a some- your parent or parents to be in a nurs- But the truth of the matter is that what different way. ing home. The United States of Amer- when people hear us, they actually I do worry about the cynicism of peo- ica is still the only country in the think what we are proposing is going ple in the country toward politics and world where you have to go to the to make a huge difference, so that chil- toward government. I think we all do, poorhouse when you are in a nursing dren won’t be in poverty. We have more regardless of party. I think one of the home before you are going to get public children in severe poverty today—one- ways we get ourselves into trouble is help. You have to basically lose every- half the poverty income —than we have when there is such a disconnect or a thing. You want your parents, or a ever had. We still have about 13 million gap between what we say and what we loved one with a disability, to be able poor children. say we are going to do versus the ac- to live at home in as near normal cir- People think a budget is going to tual budgets and what, in fact, we real- cumstances as possible and with dig- help us end child poverty and make a ly are calling for by way of investment. nity. commitment to prekindergarten and As I hear the President talk about We say there will be economic secu- good child care, so that every child his budget and where we are heading as rity. We are now concerned about long- who comes to kindergarten is ready to term care and that people should be a country, I hear the President talk learn, or the budget will help the elder- able to live at home. Do you know about the goal of ending child poverty; ly with health care. There is a little what. In this budget proposal—maybe I of making sure we have health care bit, but most families will find out am wrong—when you finally get down coverage for our children; of making there isn’t going to be nearly enough— to it, you are probably talking about a sure every child comes to kindergarten not if we truly want to live up to the ready to learn; making sure that when couple thousand dollars a year that a family can get on a tax credit. goodness of America. children are no longer children but For my mother and father, and other Every child should have the same op- young people, like our pages, they will mothers and fathers and grandparents, portunity to do well. People who have eventually be able to afford college, if if we want to make a commitment to worked hard and built this country and they choose to make that higher edu- people being able to live at home with are on their backs at the end of their cation decision; that there will be eco- dignity, it is going to cost them more lives ought to have decent coverage. nomic security for senior citizens. than $3,000 a year to have some people They ought not to have to worry about Then I look at the budget and this come in and help them do that. going to a nursing home and losing ev- emphasis on Social Security, Medicare, We are so much for the children, and erything. yes, and basically paying down more of we have all this irrefutable medical Higher education should be afford- the debt. Frankly, when all is said and evidence about the development of the able. People should not fall between done—if somebody can prove me wrong, brain. Last night, I was lucky enough the cracks in health care. I was at a I am pleased to be proven wrong—the to have dinner with Rob Reiner. He is dramatic hearing yesterday on suicide. actual nonmilitary discretionary so committed to this, and I thank him Dr. Jameson from Johns Hopkins and spending over the next 10 years is, in for his work. We know we have to get many other people testified. People real dollar terms, cut. There is no addi- it right—prekindergarten. The Federal need coverage because of a struggle tional investment at all. Government should be a player. It with mental illness. I argue that it is Now, the way in which we try to do should be centralized, and we should politically unsafe, and because there is this in this budget is through the tax get funds to the neighborhoods and substance abuse and addiction, they system, because politically it seems as community level and have really good should not be discriminated against if Democrats are scared to death to developmental child care. and denied coverage. We could save so talk about investment in people any We have a pittance in this budget. many lives with the dollars if we did longer for fear they will be accused of Yes, we add more money for Head better. being a big spender. Therefore, we do it Start. I guess we should since, right People who work hard but don’t have through the Tax Code, through deduc- now, we have been covering, under the any coverage at all ought to have cov- tions and tax credits. age of 3, only 2 percent of the kids who erage for themselves and their loved Let me give credit where credit is are eligible. That is hardly much of a ones. That is not in this budget. We due, and let me tell you where I think commitment to give children from hardly make a dent. So I take the there is this huge gap between what we poor income backgrounds. We have ad- words of my colleagues, the Democrats say we are going to do and what we are ditional money, but in terms of the with whom I work, who say the econ- really going to do. The earned-income need, we only cover 20 percent of low- omy is booming and we can do better, tax credit is one of the best things we income families in America. This is a and I say I agree: So why are we not have done for poor people in this coun- huge issue for middle-income and doing much better? try, many of whom are children. Re- working families. We are talking about I think we have been taught to think fundable tax credits makes a whole lot good child care, not unsafe child care. small. I think that, unfortunately, part more sense. When we did the HOPE It is a pittance. It is a pittance. of what has been going on over x num- scholarship for higher education, we So my point is—and the Presiding Of- ber of years is that we Democrats have didn’t make it refundable, so a lot of ficer is Republican, so don’t take this decided we should think small. The

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S514 CONGRESSIONAL RECORD — SENATE February 9, 2000 conventional wisdom is that that is the some more time. Pursuant to the pro- they are the President’s projections, way to win—think small; come up with visions of rule XXII, I now yield the the CBO’s, or others. programs that people think are pop- hour allotted to me postcloture to the Let me quote, ‘‘Clinton’s projections ular, and then appropriate, get some majority manager, Senator MUR- highlight just how tenuous those sur- money, and do it through the Tax Code KOWSKI. pluses could be.’’ so nobody can say you are spending The PRESIDING OFFICER. Without There is another example of this. money. But you are, either way. But objection, it is so ordered. This chart shows how difficult it is to you don’t even come close to meeting Mr. ALLARD. I suggest the absence predict the future and how quickly and the needs of the people to whom I say of a quorum. how dramatically budget projections you are going to respond. I think it in- The PRESIDING OFFICER. The change. On the left, the red bar illus- vites cynicism. No wonder people say clerk will call the roll. trates that 2 years ago, January 1998, Government programs don’t work. The legislative clerk proceeded to the Congressional Budget Office pro- They hear all this fanfare in press con- call the roll. jected the country would face about a ferences, and, frankly, the investment Mr. BAUCUS. Mr. President, I ask $900 billion deficit over the next 10 isn’t there. The people aren’t helped unanimous consent that the order for years. very much. the quorum call be rescinded. Just a couple of weeks ago, the CBO I say to the Democrats—and I get to The PRESIDING OFFICER. Without reached a different conclusion. Their do it because I am a Senator and I get objection, it is so ordered. conclusion was that we are going to to speak to the floor to whoever wants Mr. BAUCUS. Mr. President, I ask to have the benefit of a roughly $2 trillion to listen—I think everybody says the speak as in morning business. budget surplus over the next 10 years. reason you have a 50-percent hole in The PRESIDING OFFICER. Without That is a swing of practically $3 tril- the electorate, with 50 percent of the objection, it is so ordered. lion in just two years! Clearly, 2 years people voting in a Presidential elec- f from now this $2 trillion projected sur- plus is going to look a lot different, as tion, much less a congressional elec- A COMMONSENSE BUDGET tion, much less a local election, is be- it will 3 years from now and 4 years cause of money, politics, and disillu- Mr. BAUCUS. Mr. President, I want from now. Therefore, let us not listen sionment. That is true. But the other to take a few moments to focus on the to the siren song of these huge pro- part is that we aren’t necessarily budget debate in which this Congress is jected surpluses based upon current standing for politics that really speaks engaged. It is very important at the be- economic estimates. I know the budget to people’s lives, where ordinary citi- ginning to set priorities and param- estimators do the best they can. But I zens can say: Yes, the party, the Demo- eters as we put a budget together that sure wouldn’t want to bet the farm cratic Party, the party of the people, is makes sense for our country rather that these new numbers will hold up behind us. We know it. Here is what than treating in isolation each indi- for a decade. they say they stand for, and they are vidual spending or tax matter that The current economy is doing well. willing to make the investments to comes before this body. It is very im- We want it to continue doing well, but make sure that, for parents and grand- portant that we step back and look at there is no guarantee it will. Let’s be parents, our children and grand- the bigger picture. careful. Let’s be cautious. These pro- children can do better. I think that is When a family or a corporation puts jections of huge surpluses could fade. It the void in American politics. together a budget, they have to make could change very quickly. I think it is a shame that this budget all of their needs and desires fit into an The point came home to me in a con- doesn’t do a better job of filling that overall budget plan. In the same way versation I had with the CEO of a void. Frankly, I don’t think we Demo- we should start out by making sure major telecommunications company. crats are doing the job we should do. that all of our individual proposals fit I said: Sir, does your company make I yield the floor and suggest the ab- into an overall budget plan. 5-year plans? sence of a quorum. I say this because some Members of He said: Well, yes, we do. The PRESIDING OFFICER (Mr. the House are going to be moving spe- I said: How closely do you follow HAGEL). The clerk will call the roll. cific tax bills in advance, without look- them? How well do you implement The assistant legislative clerk pro- ing at the overall budget. The problem, them? ceeded to call the roll. obviously, is if we take very tempting He said: Well, we really don’t. We Mr. ALLARD. Mr. President, I ask separate items, such as a tax bill, say, try, but things change so quickly, we unanimous consent that the order for a marriage penalty, or maybe it is an have to change and adjust. the quorum call be rescinded. education tax bill, perhaps a retire- Granted, telecommunications is a The PRESIDING OFFICER. Without ment savings tax bill—it is very tempt- fast-changing industry. But we are a objection, it is so ordered. ing to pass these in isolation and we fast-changing country in many re- f are picking and choosing between dif- spects. Changes happen very quickly. ferent tax cuts before we even have Changes happen, particularly as our CONCLUSION OF MORNING agreed on how much money we have world gets more and more inter- BUSINESS available. connected and more technologically The PRESIDING OFFICER. Morning Let’s not put the cart before the advanced. With more and more tech- business is closed. horse. It’s the same kind of helter-skel- nology and more factors involved in de- f ter approach that got us deeply into termining the course of our economy, debt in the first place. Let’s set our it is more and more difficult to predict NUCLEAR WASTE POLICY AMEND- budget priorities first. the future. It is a problem we face. MENTS ACT OF 1999—RESUMED As we do so, we should keep two With all the inherent uncertainty The PRESIDING OFFICER. Under points in mind. First, we should be, if about the future, let’s be a little cau- the previous order, the Senate will now I may use the word, conservative. Let’s tious when it comes to the Federal resume consideration of S. 1287, which keep the cork in the champagne and budget. And let’s also adhere to the the clerk will report by title. not put too much stock in ten-year Hippocratic Oath, that is, ‘‘first, let’s The legislative clerk read as follows: projections that show a huge surplus. do no harm.’’ A bill (S. 1287) to provide for the storage of I don’t care how good your crystal I believe the prudent course is to spent nuclear fuel pending completion of the ball is. Things change, and small adopt what I’d call a ‘‘no regrets’’ nuclear waste repository, and for other pur- changes add up to a lot over 10 years. budget. poses. I would like to make a point about Policies that we believe make sense Pending: an article in yesterday’s Washington and address important needs irrespec- Lott (for Murkowski) amendment No. 2808, Post that underlines this problem. It is tive of upticks or downticks in the in the nature of a substitute. a story by Eric Pianin and John Berry. economy. Mr. ALLARD. Mr. President, I under- Their basic point is the fragility of the To my mind, this means we should, stand the majority manager needs long-term budget projections—whether first and foremost, reduce the debt.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S515 That’s plain conservative, common write off this year quite yet. We have it stands, with the substitute filed last sense. During good times, you pay your 120 legislative days left. It’s not a lot of night. I went through an extended debts, and you save a little. It also time. statement yesterday indicating that helps to protect Social Security and But if we set solid budget priorities nuclear energy produces 20 percent of Medicare. Just paying down the debt and we work together, then we can pass our electricity today. We simply can- will have a tremendous economic ben- a budget that is responsible and invests not jeopardize our economic future by efit to our country. in America, then this Congress can ignoring the contribution the nuclear How? First, paying down the debt write a record of bipartisan accom- industry makes to our Nation and the will free up more private capital so in- plishment that will benefit all Ameri- realization that the industry is chok- dividual Americans can make more de- cans. ing on its waste. And the idea remains cisions along the lines they want, as I ask my colleagues to join together. of losing 103 nuclear powerplants over a they have in the last several years, If we do what is right—and we know period of time because of the Federal which has helped boost this great eco- what is right—we are going to be serv- Government’s failure to honor the nomic growth. Paying down the debt ing our country well. That is my plea. sanctity of the contractual commit- means more private capital will be I yield the floor and suggest the ab- ment to take that waste in 1998, even available. But perhaps more impor- sence of a quorum. though the ratepayers contributed tantly, if the Federal government bor- The PRESIDING OFFICER. The some $15 billion to the Federal Govern- rows less from the market, the private clerk will call the roll. ment to ensure the Federal Govern- sector can borrow more. Government The legislative clerk proceeded to ment would have the funds to take and reduces its debt service costs and pres- call the roll. dispose of the waste. Well, we are all sure on interest rates is reduced. And Mr. MURKOWSKI. Mr. President, I aware of the realities associated with lower interest rates are a direct, tan- ask unanimous consent that the order the inability of the Government to do gible benefit to every businessman, for the quorum call be rescinded. that, to fulfill that contract and honor farmer, home owner, and car The PRESIDING OFFICER (Mr. the sanctity of that contractual com- purchaser. HUTCHINSON). Without objection, it is mitment. Treasury Secretary Larry Summers so ordered. What isn’t generally known or under- stood is the extent of liability associ- said much the same thing yesterday f morning. He told the Finance Com- ated with the failure of the Govern- RECESS mittee that a major benefit of reducing ment to perform its contractual obliga- the debt is to free money so that it is Mr. MURKOWSKI. Mr. President, for tion. I have indicated that it is full em- available to be productively invested the benefit of Senators, subject to the ployment for some lawyers. The liabil- ity is somewhere between $40 billion by the private sector. approval of the majority and minority So, Mr. President, reducing the Fed- leaders, it is our intention to break for and $80 billion for failure of perform- eral debt is important to the continued lunch until 2:15. ance. I think we agree that we have an ob- growth of the private sector. I ask unanimous consent that we re- ligation to come together to solve this The second step is to set the right cess for lunch, that the time be count- problem on behalf of the American tax- budget priorities. After debt reduction, ed on the bill, and we resume debate payers, where each family is subjected we should invest where it will make again at 2:15. to an allocation cost of about $1,400 per the most sense for our economy. That There being no objection, at 12:09 family in this country each year as we means investment in people, invest- p.m., the Senate recessed until 2:15 delay the process. We have made sub- ment in education, investment in p.m.; whereupon, the Senate reassem- stantial progress in addressing these bled when called to order by the Pre- infrastructure. issues and working with my friends We can also do some good by creating siding Officer (Mr. GREGG). from Utah—and I am sensitive to their incentives for private retirement sav- The PRESIDING OFFICER. The particular position—as well as the mi- ings. Retirees need more than just So- Chair, in his capacity as a Senator nority and the ranking member from from New Hampshire, suggests the ab- cial Security and we should address it New Mexico, for whom I have the sence of a quorum. The clerk will call this year. greatest respect. As a consequence, I And we should deal with other tax the roll. believe this bill provides significant issues, too. These include reducing the The legislative clerk proceeded to benefits to the consumers, who have marriage penalty, providing incentives call the roll. paid $15 billion-plus for this Federal for long-term health care, and helping Mr. MURKOWSKI. Mr. President, I disposal program, and the program di- communities conserve open space. ask unanimous consent that the order rection we have in this legislation for Those are all areas where I believe we for the quorum call be rescinded. the Energy Department which must can find strong bipartisan agreement. The PRESIDING OFFICER. Without carry out this important environ- I hope we could also find agreement objection, it is so ordered. mental obligation. not to go overboard with tax cuts. I f Now, the Senate should pass this leg- know election years get the juices islation. The administration should flowing. But I would just caution folks NUCLEAR WASTE POLICY AMEND- MENTS ACT OF 1999—Continued support this approach to solving this to remember our experience in the critical national issue. early 1980’s with the exuberance for Mr. MURKOWSKI. Mr. President, we Senate bill 1287 provides important large tax cuts. are still in the process of trying to re- changes to existing law as embodied in Two years after we enacted that tax solve the nuclear waste bill. As the my new substitute that allows the De- cut—and I voted for it—Senator Dole Chair is aware, last night we laid down partment of Energy to meet its 1998 ob- had to come back and lead the damage the substitute amendment; that has ligation to manage used nuclear fuel control party. We had to increase taxes been circulated in the body. We have from nuclear powerplants which have that year to repair the deficit problem. some amendments pending, and I will already begun to run out of space in es- But it wasn’t enough and we needed to identify those at a later time. It is a pecially designed storage pools. do it again two years after that. very short list. Some may be deemed Further, it allows for the settlement I don’t know about my colleagues, by the Chair to be nongermane. I think of litigation, begins a process of settle- but I’ve learned from that mistake. I we can begin the process now of ad- ment for litigation between these utili- don’t want to lock in a big tax cut now dressing this legislation in a positive ties and the Energy Department in a only to find ourselves in two years vein inasmuch as it would provide a fair way, and eliminates costly litiga- digging out of a hole if the economy workable methodology for the Federal tion against the Federal government, heads south. It’s happened before! program to ensure that our nuclear hence the taxpayer. Mr. President, I know that many ob- waste is managed safely and effi- This bill would protect the use of bil- servers have written off this year. They ciently. lions of dollars in the nuclear waste say it’s an election year. That we won’t My point in highlighting this is to fund so it is used only for the reposi- get anything done. But we shouldn’t identify the value of this legislation, as tory program and not diverted to cover

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S516 CONGRESSIONAL RECORD — SENATE February 9, 2000 the cost of long-term storage at these the absolute authority for setting a This chart clearly identifies the var- plants in some 40 States. standard to the Environmental Protec- ious States where we have commercial The fund itself could be used, how- tion Agency, while acknowledging for reactors. We have shut down reactors. ever, to purchase containers to house the ability of the Nuclear Regulatory We have spent nuclear fuel storage. We the fuel. Those containers were used Commission to provide consultation have research reactors, naval reactor also to ship the fuel to a repository. I and comments to Congress, as well as fuel, so forth and so on. am not suggesting that is the case, but the hopeful contribution by the Na- Several years ago, when we started that is possible. tional Academy of Sciences so we can on this legislative train to try to re- S. 1287 retains the EPA—I want to get the very best science on this. But solve this problem, there was a sugges- emphasize this—as the sole authority the decision is still the EPA. tion made and legislation was devel- to establish radiation protection stand- Specifically, the amendment drops oped that said, well, since Yucca Moun- ards at Yucca Mountain and estab- the interim storage, requires Congress tain isn’t ready, it is not licensed, and lishes a method for EPA to discuss the to approve any increases in fees to pro- we have some of these storage plants standards with the Nuclear Regulatory tect the consumer, sets the schedule that are in a critical stage, the volume Commission and the National Academy for development of a repository, au- of waste has either exceeded or is about of Sciences. But it preserves, in spite of thorizes backup storage at a repository to exceed the licensed storage in those what the Washington Post reported for any spent fuel that utilities ‘‘can- plants, those States can shut those and the administration, the EPA as the not store onsite,’’ and allows the Envi- plants down. sole authority to establish standards. ronmental Protection Agency to set a What are you going to do to make up Finally, this bill protects consumers radiation standard after June 1, 2001; for the loss of that electric generation? from unreasonable increases in Federal prior to those consultations, only with That was left to a later date. The idea, nuclear waste fund fees. It allows only the NAS and the NRC to ensure we then, was to move some of the waste Congress to increase those fees—not have the best science and that the from some of the critical reactors the Secretary of Energy. standard is set. But it is EPA’s respon- where storage had been built to a tem- Every Member of this Senate is going sibility under statute to set the stand- porary repository at Yucca Mountain— to have an opportunity to express his ard. We want it based on the best put it in casks until Yucca Mountain or her opinion if the fees are raised. It science available. was certified, licensed, and finalized. is not going to be an arbitrary decision Further, it authorizes a settlement There are a lot of steps to go through. from the Department of Energy. agreement for outstanding litigation There was great concern over that. These provisions represent a couple and requires an election to settle with- Nevada felt there was a finality associ- of areas in which we can by working in 180 days as requested by the admin- ated with it. In other words, it implies together to craft a bill that provides istration. that once it is placed there it will The idea is to start the settlement the necessary leadership to finally never move again. They opposed that. process within 6 months. It sets accept- move this program towards achieving The administration opposed it because ance schedules for spent fuel and trans- the intent of the original Nuclear they said we had not finalized and li- fers 76,000 acres of land to Nevada Waste Policy Act. I urge my colleagues censed Yucca Mountain. There is al- counties to assist them with the im- to support this meaningful reform and ways a chance we won’t be able to do pact of the repository in the counties. begin the responsibility of managing that. Of course, that evades reality be- nuclear waste from the 40 States at one It uses the WIPP model for transpor- tation, which is currently used in New cause we will still have to put it some- location—not 40 locations. where. I am pleased to say I have just Mexico, consistent with existing law Let me share a letter which I think learned Senator KERREY of Nebraska under HAZMAT. I want to emphasize personifies where we are in this debate. has come on as an original cosponsor of this. The State will be selecting the It is from the Governors of the various the legislation. routes so we can move this waste from States in the Northeast corridor, for Briefly, the benefits of S. 1287 are: the 40 States where it is located to one Early receipt of used fuel at site in site at Yucca Mountain. the most part: Governor Dean, Demo- the year 2007 no later than 18 months We included training provisions to crat of Vermont; Governor King, Inde- after authorization of construction by ensure safety in the movement of that pendent of Maine; Governor Shaheen, the Nuclear Regulatory Commission is waste. Democrat from New Hampshire; Jesse in the amendment. There was a question of transpor- Ventura, Reform Party of Minnesota; There is protection. The nuclear tation. The minority believed very Governor Tom Vilsack, Democrat of waste fund section 105(e) ‘‘source of strongly that we should not be sub- Iowa; Governor Jeb Bush of Florida; funds’’ states: sidizing international research for the Governor John Kitzhaber. They sent a The Secretary may not make expenditures development of transmutation. We letter to the President which I high- in the Nuclear Waste Fund for any costs that struck that from our original version. lighted the other day. We have come may be incurred by the Secretary pursuant We include the decommissioning of a full circle on the issue. to a settlement agreement or backup storage pilot program for the sodium-cooler The letter reads as follows: contract under this Act except: fast breeder reactor in Arkansas. We governors from states hosting commer- 1. The cost of acquiring and loading spent We included a study on the Prairie cial nuclear power plants and from affected nuclear fuel casks; Island rate impact as well. But there states express our opposition to the plan pro- 2. The cost of transporting spent nuclear are a couple of points I want to empha- posed by Energy Secretary Richardson in his fuel from the contract holder’s site to the re- February 1999 testimony before the Senate pository; and ‘‘. . .other costs required to size, specifically for Members of this body—and their staffs—from Delaware, Energy and Natural Resources Committee. perform settlement agreement or backup Secretary Richardson proposes that the De- storage.’’ West Virginia, Kentucky, Oklahoma, partment of Energy take title, assume man- Further, it prevents unreasonable in- Wyoming, Montana, South Dakota, agement responsibility and pay costs at nu- creases in fees. Section 104 of the nu- North Dakota, Hawaii, and my State of clear plant sites for used nuclear fuel it was clear waste fee states: Alaska. legally and contractually obligated to begin The adjusted fee proposed by the Secretary The significance of that list is that removing in January 1998. This proposed shall be effective upon enactment of a joint there are no commercial waste sites in plan would create semi-permanent, federally resolution or other provision of law specifi- those States. But we have a chart that controlled, used nuclear fuel facilities in cally approving the adjusted fee. shows where they are. They are in 40 each of our states. It provides for the development of a other States. But they are not in Dela- Think about that. We are not going protective radiation standard, giving ware, West Virginia, Kentucky, Okla- to allow a temporary repository at absolute authority for setting of a homa, Wyoming, Montana, South Da- Yucca Mountain until we get a final standard to the Environmental Protec- kota, North Dakota, Hawaii, or Alaska. decision. That legislation was defeated. tion Agency. If you are paying attention to this The Secretary and perhaps others sug- I want to repeat that. debate, you should be interested in the gested they take title to the fuel. By It provides for the development of a disposition of waste that may be in one taking title to the fuel, that does just protective radiation standard by giving of your States—one of the 40 States. that: It takes title in each of 40 States.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S517 It provides no guarantee as to when or become permanent, and that we, in this I felt very strongly about the land con- if it will be moved. As a consequence, legislation in its final form, have veyances that were requested of 76,000 40 States have no assurance it will changed the take title provision and acres—that is twice the size of the Dis- leave their State. eliminated it, in view of the reality as- trict of Columbia, if I can put it in per- Every Member of this body rep- sociated with the inability to provide spective. So we have in this bill 76,000 resenting the 40 States that have nu- the States with the assurance that the acres to Nevada: 46,000 acres to Nye clear power should be very concerned waste would be removed from those County, 30,000 to Lincoln County. This about the implications of this. States. is going to go for a variety of uses: For In deference to the Secretary of En- I had hoped the administration and the city of Caliente, a municipal land- ergy, my good friend, Secretary Rich- the Secretary of Energy would be suc- fill as well as for community growth ardson, assured me he would be able to cessful in allaying fears. Probably the and community recreation; Lincoln adequately address the concerns of the reason they have not been able to do so County, for community growth. For Governors. I think he made a good- is because there is no assurance that Panaca, Rachel, Alamo, Beatty, Ione, faith effort. Obviously, it was not they could move any further than we Manhattan, Round Mountain/Smokey enough. Perhaps the reason it was not did in 1998 when we could not make the Valley, Tonopah, another 28,230 acres; enough—and this is certainly not the contractually related commitment to for the towns of Amargosa and fault of the Secretary—was the inabil- take the waste at that time. Pahrump, another 17,450 acres. These ity of the Government to commit to its I will make a couple of other points are areas that have been identified for word to take the waste in 1998. It was that I think represent good faith in the favorable disposal by BLM. not under his watch. The Government manner in which we tried to resolve Mr. REID. If the Senator will yield, simply could not resolve it, so it was concerns of the minority. This included one thing we have to do is get you to not done. a 180-day window when contract hold- Nevada to hear how to pronounce some I want to stress the significance of ers must decide whether to enter into of those names. what this means to these States that settlement negotiation with the Sec- In the early 1940s and 1950s, we had have expressed their concern. They are retary. That is back in the bill at the great football teams at the University fearful that taking title in their State request of the minority. We think it is of Nevada. They would bring in these would create semipermanent, federally appropriate that a process be started. football players from around the coun- controlled, used nuclear fuel facilities I think it is fair to characterize that try, as was done in those days. Marion in each of the States. They continue Senator BINGAMAN and Secretary Rich- Motley was a great all-pro Hall of with more food for thought that I ardson felt this must be an appropriate Fame football player. He came and think is appropriate. They say: inclusion of this provision to allow the signed up for school. He was going The plan proposes to use our electric con- Department of Energy planning process through registration. They asked him sumer monies which were paid to the federal to go ahead. where he was from. He said Ely, NV; it government for creating a final disposal re- I want to touch briefly on transpor- is pronounced ‘‘Elee,’’ NV. That is how pository for used nuclear fuel. Such fuels tation. I know there has been a good you pronounced the names. Beatty and cannot legally be used for any other purpose deal of concern; people say they don’t Amargosa and Pahrump—we are going than a federal repository. want the stuff to go through their to have to give some lessons to you on They don’t have that in mind. State, and that is understandable. how to pronounce the names. Just as if This plan abridges states rights—it con- What we have done in accordance with stitutes federal takings and establishes new I went to Alaska, it would be hard for nuclear waste facilities outside of state au- the minority is to use the WIPP trans- me to pronounce those names. thority and control. portation model, which is a model I Mr. MURKOWSKI. I know a lot of These new federal nuclear waste facilities think I can say Senator BINGAMAN and people who come to Alaska and visit would be on river fronts, lakes and seashores Secretary Richardson support. Basi- ‘‘Valdeez’’ think it is pronounced which would never be chosen for permanent cally, it comes down to the State desig- ‘‘Valdez.’’ disposal of used nuclear fuel in a site selec- nating the routes to move the waste. But I did want to highlight the fact tion process. We have also included in existing law we have tried to respond to the request The plan constitutes a major federal action a training provision to make the trans- which has not gone through the National En- for the land conveyances. They are vironmental Policy Act (NEPA) review portation as safe as possible. 76,000 acres transferred over to the two process. There was a question of transmuta- counties that would benefit the com- tion. I think I have addressed that. It is interesting that the Government munities. That is in this bill. I offer it But one other point I would like to agencies conveniently go around some simply as an effort in good faith to be make to my colleagues from Nevada is of the regulations that others cannot sensitive to concerns I think are very how we have attempted to accommo- get around. legitimate. That is to transfer the land date a concern they had about what from Federal agencies that do not have The new waste facilities would likely be- was in the bill. First of all, if I could come de facto permanent disposal sites. a need for that land to the commu- have the attention of my two col- nities so they can put them on the tax Listen to that, ‘‘permanent disposal leagues from Nevada, because I think rolls and have it functionally con- sites.’’ That could happen in any of this is important, in the original bill tribute to the economy of the area and your States. we had payments to local communities. benefit the people. I think that is ap- Federal action over the last 50 years has I was sensitive to the impact of the ul- propriate as well. not been able to solve the political problems timate disposition of perhaps finalizing I see a few Members here awaiting associated with developing disposal for used a permanent repository in the State of nuclear fuel. Establishing these Federal sites recognition. It is appropriate I yield will remove the political motivation to com- Nevada. As a consequence, there are the floor. At a later time, it will be my plete a final disposal site. annual payments of $2.5 million. I intention to address some of the It will remove the political motiva- think they would go for about 5 years. amendments that are pending. tion. Those are pretty strong words. It would be about $12.5 million to the I yield the floor. The last page reads: local counties. Then there was another The PRESIDING OFFICER (Mr. L. $5 million to come in on the first fuel We urge you to retract Secretary Richard- CHAFEE). The Senator from Nevada. son’s proposed plan and instead support es- receipt that would come in, and then Mr. REID. I see my friend from North tablishing centralized interim storage at an annual payments after the first receipt Dakota and my friend from Minnesota appropriate site. This concept has strong, bi- until closure. We do not know when the are here. I am wondering how long the partisan support and results in the environ- closure is, but it would be about $5 mil- Senator from Minnesota wishes to mentally preferable, least-cost solution to lion a year. I think, if we figured the speak. the used nuclear fuel dilemma. repository would go until about the Mr. GRAMS. Probably less than 10 There it is: The inability of the Gov- year 2042, that is about $140 million to minutes. ernors and the administration to pro- your counties. Mr. REID. The Senator from North vide the Governors with the degree of At the insistence of the minority, Dakota wants to speak as in morning comfort they need to ensure it will not that funding was eliminated. However, business for 15 minutes.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S518 CONGRESSIONAL RECORD — SENATE February 9, 2000 I have just a few things to say. If it provision is that the manager, recog- voice of the national environmental commu- will be OK with the Senator from nizing he would rather deal with a Re- nity. Each year, LCV publishes the National North Dakota, as soon as I finish, I ask publican President, has inserted a pro- Environmental Scorecard, which details the the Senator from Minnesota be recog- vision in this amendment that puts off voting records of Members of Congress on en- vironmental legislation. The Scorecard is nized for 10 minutes. the decision by the Environmental Pro- distributed to LCV members, concerned vot- Mr. GRAMS. Somewhere around tection Agency until the next adminis- ers nationwide, and the press. there; maybe 12. I am just guessing. tration. He is hoping, of course, that The League of Conservation Voters urges Mr. REID. And then I ask the Sen- either President MCCAIN or President you to vote against the Nuclear Waste Pol- ator from North Dakota be recognized Bush will be elected. icy Amendments Act of 2000 (S. 1287). S. 1287 for 15 minutes. The fact is, that is a crapshoot, I poses unacceptable risks to public health and The PRESIDING OFFICER. Is there guess, but it should not be part of this to the environment. objection? legislation. All it does is further The Environmental Protection Agency (EPA) should be in charge of setting the final Without objection, it is so ordered. ‘‘lemonize’’ this legislation.’’ The EPA Mr. REID. Mr. President, I will be standard for Yucca Mountain and should set is concerned about this. The President the most protective standard possible. S. 1287 brief. I did want to respond to some of is concerned about it because it is at- would undermine EPA’s standard-setting the things that were mentioned by the tempting to make him a lame duck process by delaying the issuance of a final Senator from Alaska, the manager of President, attempting to dissipate and standard until as late as June 1, 2001. The this bill. do away with the rulemaking power of bill also would require agreement between When I practiced law, I represented a his agencies. Secretary Richardson is the Nuclear Regulatory Commission and number of automobile dealers. I re- totally opposed to this legislation. As I EPA on the final standard. EPA has already published a proposed standard for Yucca member one of the big problems we had said, Carol Browner is opposed to it. is that once in awhile someone would Mountain that appropriately includes a sepa- The League of Conservation Voters is rate standard for groundwater—the most buy a lemon. That is what they were opposed to it; most every other envi- likely avenue for contamination at Yucca called. Something just went wrong in ronmental organization is opposed to Mountain. The NRC’s proposed standard does the manufacture of that car, and what- this bill. So we understand why the not set a separate groundwater standard, and ever was done, it turned out bad; you League of Conservation Voters—I am is designed to accommodate the anticipated just could not fix it. using them as just a representative be- failures of Yucca Mountain to contain radio- I remember one dealer I represented. cause they speak for everyone, really— nuclides. Further, the NRC’s proposed radi- ation standard is higher than the highest ra- There was a man who was picketing his are concerned. place of business. He had his car paint- diation standard recommended by the Na- This legislation is placed ahead of tional Academy of Sciences in its 1995 report ed yellow, and he had it so it looked the Patients’ Bill of Rights, public on standards for Yucca Mountain. like a float that looked like a lemon. schools, Social Security, prescription S. 1287 would put Americans in commu- The dealer told me: You have to settle drug benefits, and all the other things nities across the nation at risk by man- this case. You have to get rid of this we need to be talking about, including dating dangerous shipments of spent nuclear case. minimum wage and the juvenile justice fuel to an as-yet unidentified ‘‘backup’’ stor- That is kind of how I feel about this bill. age site from reactors across the country be- legislation. This legislation is a big ginning as early as 2006. S. 1287 would dra- The environmental community con- matically increase nuclear waste shipments, lemon. Whatever they do with it, it is siders defeating this bill a major pri- still bad. It is just like those cars that together with the risk of a transport acci- ority during this election year. In fact, dent involving nuclear waste. Up to 100,000 are lemons. I have a letter from Deb Callahan, who shipments of nuclear waste will travel Senator MURKOWSKI, the manager of is head of the League of Conservation through 43 states and within half a mile of 50 this bill, I have no doubt, is doing his Voters, who has made it clear they million Americans over 25 years. very best, and that is usually good may score S. 1287 as it poses ‘‘unac- LCV urges you to vote ‘‘No’’ on S. 1287 and enough. In this instance, he is dealing ceptable risks to public health and the to work instead for a national nuclear waste with a lemon and it is not good enough. policy based on sound science, citizen in- environment.’’ volvement, and protection of public health Take, for example, the fact that every- The League of Conservation Voters is one knows the 1987 act deleted the and safety. not some radical environmental group LCV’s Political Advisory Committee will State of Washington and the State of driving stakes in trees; it is a middle- consider including votes on this issue in Texas and began the characterization of-the-road environmental group that compiling LCV’s 2000 Scorecard. If you need of Nevada, Yucca Mountain. That is speaks for the American public. They more information, please call Betsy Loyless going forward as we speak, the charac- are decidedly and appropriately bipar- in my office at 202/785–8683. terization of Yucca Mountain. S. 1287 tisan. Sincerely, was supposed to streamline the proc- DEB CALLAHAN, It is interesting. I prepared these re- President. ess. It would not do that. marks long before the junior Senator Mr. REID. Mr. President, my friend For example, there is a provision in from the State of Rhode Island started from Alaska talked about conveyances S. 1287 that the utilities badly wanted. presiding, but just last year, the of Federal public lands to Nevada. The What did that legislation call for? It League of Conservation Voters honored said the utilities would no longer hold Senator from Alaska has been very Senator JOHN CHAFEE, a Republican, good working with Nevada which has 87 title to the nuclear waste but title for his lifetime and stalwart support percent of its land owned by the Fed- would instead be transferred to the De- for environmental protection. Voting eral Government. We have worked very partment of Energy. That was the big against this bill is about protecting the well with him. His committee has purpose of S. 1287. That was the bill, S. environment, not just in Nevada, but helped us get parcels of land put in the 1287. The big part of it was what they as the letter indicates, in the 43 States private sector, but in this instance, the call ‘‘take title.’’ where S. 1287 will accelerate nuclear State of Nevada has had no input. We were here yesterday at 5:55; 5 waste trafficking. There are about 20 maps on file at minutes before the deadline, amend- I ask unanimous consent that a copy ments were filed, and take title is the DOE showing where these lands are of this letter be printed in the RECORD. located. The Governor of the State of gone. S. 1287, the take title provision is There being no objection, the letter Nevada knows nothing about this. Our out of this bill. It is like the proverbial was ordered to be printed in the lemon from which we try to protect public lands administrator in the State RECORD, as follows: automobile dealers. For the first time of Nevada knows nothing about this. I in the history of this legislation, we LEAGUE OF CONSERVATION VOTERS, have not been provided copies of these February 7, 2000. now have the utilities fighting the Re Oppose S. 1287—The Nuclear Waste Policy maps, so I assume none of my col- States. Amendments Act of 2000. leagues have either. No hearings have The EPA provision that the man- U.S. Senate, been held to find out whether the land agers of the bill worked so hard to try Washington, DC. conveyances are good or bad. We want to get resolved has made it worse. The DEAR SENATOR: The League of Conserva- land in the private sector, but we do problem we have here with the EPA tion Voters (LCV) is the bipartisan, political not want land conveyed that will have

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S519 a negative effect on the people of the January 31, 1998. The DOE signed con- Because of those promises and meas- State of Nevada. We need to review the tracts to do this. ures taken by the Federal Government, proposed land conveyances. These are Other administrative proceedings, ratepayers have now paid roughly $16 not small conveyances. This bill could such as the Nuclear Regulatory Com- billion, including interest, into the nu- convey land larger than the State of mission’s waste confidence rule, told clear waste fund. Today, these pay- Connecticut from public lands to pri- the American public they should lit- ments continue, exceeding $600 million vate lands in the State of Nevada. erally bank on the Federal Govern- annually or about $70,000 for every hour This legislation is a big fat yellow ment’s promises. for every day of the year. For the rate- lemon. In addition to that, although I This point needs to be clearly under- payers of Minnesota, these contribu- usually like the looks of lemons, this is stood by the Members of this body. Our tions have claimed over $300 million of an ugly lemon, and the best thing we Nation’s nuclear utilities did not go their hard-earned money since the cre- can do is vote against this legislation. out and invest in nuclear power in ation of the nuclear waste fund. It is bad legislation, and the amend- spite of Federal Government warnings In summary, the Federal Govern- ment of my friend, the Senator from of future difficulties. Instead, they ment promoted nuclear power, utilities Alaska, is not going to improve it. It were encouraged by the Federal Gov- agreed to invest in nuclear power, just further, as I say, ‘‘lemonizes’’ this ernment to turn to nuclear power to States agreed to host nuclear power- legislation. meet our increasing energy demands. plants, and the ratepayers assumed the The PRESIDING OFFICER. Under Utilities and States were told to move responsibility of investing into the the previous order, the Senator from forward with investments in nuclear long-term storage of nuclear waste. Minnesota is recognized. technologies because it is a sound Still nuclear waste is stranded on the Mr. GRAMS. Mr. President, I want to source of energy production, and the banks of the Mississippi River in Min- take a few minutes today to express Federal Government’s support for nu- nesota and on countless other sites my support for an amendment I was clear power was based on some very across the country because the Depart- planning to offer, along with Senators sound considerations. ment of Energy has a very short-term SNOWE, COLLINS, and JEFFORDS, to First, nuclear power is environ- memory and this administration has strike the so-called take title provision mentally friendly. Nothing is burned in virtually no sense of responsibility— — from S. 1287. I thank Chairman MUR- a nuclear reactor, so there are no emis- let me say that again—because the De- KOWSKI for including this in his sub- sions released in the atmosphere. In partment of Energy has a very short- stitute. We are withholding offering fact, nuclear energy is responsible for term memory and this administration that amendment. over 90 percent of the reductions in has virtually no sense of responsibility. For as long as I have been in the Sen- greenhouse gas emissions that have Now we can all argue all day long on ate, I have argued that the Department come out of the energy industry since the floor of this Chamber on the merits of Energy has a legal responsibility to 1973. Between 1973 and 1996, nuclear of nuclear power. But we cannot stand remove nuclear waste from my home power accounted for emissions reduc- here on the Senate floor and deny that State of Minnesota. We all know the tions of 34.6 million tons of nitrogen the Federal Government promoted nu- DOE was obligated to begin removing oxide and 80.2 million tons of sulfur di- clear power and that the Federal Gov- waste from civilian nuclear reactors by oxide. ernment promised to take care of nu- January 31, 1998. Sadly, the DOE vir- Second, nuclear power is a reliable clear waste. tually ignored that date and instead baseload source of power. Families, Taking title to the waste does not has engaged in a protracted struggle to farmers, businesses, and individuals fulfill that promise. Unfortunately, if the DOE is allowed dodge any responsibility it might have who are served by nuclear power are to take title to nuclear waste at the to our Nation’s ratepayers. served by one of the most reliable plant site, I can’t provide the rate- As everyone in this Chamber knows, sources of electricity. payers of my State with any reason to Washington’s involvement in nuclear Third, nuclear energy is a home- believe the waste will eventually be power is not new. Since the 1950s grown technology, and the United moved. Atoms for Peace Program, the Federal States led the way in its development. Allowing the DOE to take title to Government has promoted nuclear en- We have long been the world leader in waste and to leave it at the reactor site ergy in part by promising to remove nuclear technology and continue to be is an invitation to even more ratepayer radioactive waste from powerplants. the world’s largest nuclear-producing abuse at the hands of the Department Congress decisively committed the country. Using nuclear power increases of Energy. I think the record of the Federal Government to take and dis- our energy security. DOE has shown that this administra- pose of civilian radioactive waste be- Finally, much of the world recognizes tion would much rather leave waste ginning in 1998 through the Nuclear those same values and promotes the where it is than move it to a central- Waste Policy Act of 1982 and its amend- use of nuclear power, again, because of ized storage facility. ments in 1987. It has been on record for its reliability, because of its environ- A number of my colleagues in the 18 years, a mandate by the Congress, to mental benefits, and its value to en- Senate have suggested the same thing. do this. ergy independence. For those reasons, I don’t believe that is a good policy, These acts established the DOE Of- the Federal Government threw one nor is it the policy in which the rate- fice of Civilian Radioactive Waste Man- more bone to our Nation’s utilities. It payers of Minnesota have so generously agement to conduct that program. It said: If you build nuclear power, we invested—again, not only in Minnesota selected Yucca Mountain, NV, as the will take care of your nuclear waste, but across this country. site to assess for the permanent dis- we will build a repository, and we will I met yesterday with Minnesota’s posal facility. It also established fees take it out of your State. Again, they Commerce Commissioner, Steve Minn. of a tenth of a cent per kilowatt hour told the public: You can bank on those He made it very clear to me that for on nuclear-generated electricity, and it promises by the Federal Government. States, the most objectionable aspect provided that those fees would be de- In response to those promises, States of this bill is the take title provision. posited into the nuclear waste fund. across the country took the Federal He indicated that the provision is Furthermore, it authorized appro- Government at its word. It allowed ci- viewed with extreme skepticism by the priations from this fund for a number vilian nuclear energy production to State of Minnesota. of activities, including development of move forward. I understand why. a nuclear waste repository. As we all know, ratepayers agreed to I know Senator MURKOWSKI has read Eventually, publication of the stand- share some of the responsibilities but from the letter the Governors, along ard contract addressed how radioactive were promised some things in return. with Governor Ventura of Minnesota, waste would be taken, stored, and dis- They agreed to pay a fee attached to have written and sent to President posed. The DOE then signed individual their energy bill in exchange for an as- Clinton dealing with this problem. It contracts with all civilian nuclear util- surance that the Federal Government says: ities promising to take and dispose of meet its responsibility to manage any We governors from states hosting commer- civilian high-level waste beginning on waste storage facilities. cial nuclear power plants and from affected

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S520 CONGRESSIONAL RECORD — SENATE February 9, 2000 states express our opposition to the plan pro- Mr. DORGAN. Mr. President, I had Then she got a letter from a lawyer posed by Energy Secretary Richardson in his sought permission to speak as in morn- in Boston, MA. That is ominous February 1999 testimony before the Senate ing business—not on this bill—for 15 enough, just getting a letter from a Energy and Natural Resources Committee. minutes. I shall not take that entire lawyer in Boston, MA. Secretary Richardson proposes that the De- partment of Energy take title, assume man- time. The lawyer wrote: agement responsibility and pay costs at nu- f ‘‘I represent New England Confec- tionery Company (Necco).’’ I know clear plant sites for used nuclear fuel it was PROTECTING SMALL BUSINESSES legally and contractually obligated to begin Necco. I have been eating Necco prod- removing in January 1998. Mr. DORGAN. Mr. President, this ucts since I was a little kid. The Department of Energy says: Oh, morning there was a story in a daily The letter continues that a matter we’ll pay for it. But where are they newspaper in my State, the Bismarck has come to the attention of this law- going to get the money? They are Tribune, entitled ‘‘National candy yer for the New England Confectionery going to take it from the ratepayers or company takes on Mandan couple.’’ It Company. The matter that has come to the taxpayers. So basically this is a is a curious story, an interesting story, his attention? There is a candy bar in punt by the Department of Energy— and one that is perhaps repeated all too Mandan, ND, named the Lewis & Clark again, not committed to those con- often around the country. It concerns a Bar. What does that mean? tracts that it signed with all the type of business dispute in which one He says his company has produced States. company alleges that another company this bar—it is the Clark Bar—and this This proposed plan would create semi-per- is doing something that intrudes upon woman has infringed on our rights by manent, federally controlled, used nuclear the rights of the first company. using the name, Lewis & Clark Bar. fuel facilities in each of our states. As corporations become larger She must cease and desist, he says. We This letter states some of the objec- through mergers and acquisitions, all seek an arrangement. We demand she tions by the Governors: too often we see big companies trying suspend operations. to muscle mom-and-pop businesses The small business has to go hire a This plan abridges states rights—it con- stitutes federal takings and establishes new around. That is what I think this case lawyer, who writes back and says: This nuclear waste facilities outside of state au- is about. is not an infringement. This is a dif- thority and control. For those of us who care about small ferent candy bar, a different wrapper. The Governors went on to say, in businesses and stand up for the rights We aren’t infringing on anything. their objection to the take title provi- of entrepreneurs, people who work The Necco lawyer writes back from sion offered by Secretary Richardson of hard, people who risk almost every- Boston—I guess one has to go to a spe- the Department of Energy: thing to make a go of it on Main cial law school to do this—and says: Street, this kind of story is pretty omi- The differences between your client’s The new waste facilities would likely be- come de facto permanent disposal sites nous. Let me describe what it is about. candy bar and my client’s candy bar [some 100 sites across the country]. Federal It is about a small business in are not the kinds of differences that action over the last 50 years has not been Mandan, ND, run by Debbie and Russel dispel confusion. ‘‘They are both candy able to solve the political problems associ- Kruger. They run a drugstore and soda bars,’’ he says. Where do they train ated with developing disposal for used nu- fountain on the main street of Mandan; lawyers like this? Where on Earth clear fuel. Establishing these federal sites and to try to make a little extra could such lawyers come from? will remove the political motivation to com- money, they make homemade candy. He says, ‘‘We seek an arrangement.’’ plete a final disposal site. Debbie Kruger has created three dif- We know what that means. They seek The Governors across the states that ferent candy bars, and she markets some money. Then at the end, of are affected are very concerned. Again, these candy bars as well. course, they demand that the registra- I understand why. It is a good small business. They are tion for the Lewis and Clark bar be Quite reasonably, States don’t want not making a fortune, but they are withdrawn and ‘‘assigned to us,’’ and so to see the Federal Government take up struggling and doing business on the on. permanent residence at these waste main street of Mandan, ND. Now, the corporation that owns this sites. It is the nuclear waste equivalent If I might, with the permission of the confectionary company—Necco—is ac- to having the fox guard the hen house. Chair, I ask unanimous consent to tually the United Industrial Syndicate. Allowing the Federal Government show the Lewis & Clark Bar on the They do mill works. They make auto- control of waste sites removes a floor of the Senate. mobile parts, truck parts. And yes, State’s oversight role. It removes the The PRESIDING OFFICER. Without they make candy bars, including the State’s authority and control over objection, it is so ordered. Clark bar. That candy bar was named these sites and it does not—I underline Mr. DORGAN. It is a candy bar that after a Mr. Clark who lived in the 1880s that—it does not remove waste from has on its wrapper a picture of Lewis in Pittsburgh and started the company Minnesota or any other State. and Clark, and buffalo, and the young that made the bar. In closing, I ask my colleagues to lis- Indian woman, Sakakawea, who guided The United Industrial Syndicate ten to the Governors of our States and Lewis and Clark across the West. It is bought this company at a bankruptcy to vote to remove the take title provi- a milk chocolate candy bar called the sale in 1999. It has nothing to do with sion from this legislation, in other Lewis & Clark Bar, designed by Debbie Lewis & Clark. But here is a Boston words, support Chairman MURKOWSKI’s Kruger in 1997. lawyer, working on behalf of this com- substitute. She did this because we are coming pany, this corporate conglomerate, With this bill, we need to lock in up to the 200th anniversary of the who thinks the name Lewis & Clark ap- transportation provisions, protect the Lewis and Clark Expedition. There will parently belongs to them. Sorry, it ratepayers from increases in their con- be celebrations up and down the route doesn’t. tribution, facilitate a constructive res- that Lewis and Clark took. They Debbie and her husband weren’t look- olution to the radiation standard dis- stayed the winter in Mandan, ND— ing for a fight. They don’t have the pute, and also advance the goal of com- about 40 miles north. They spent the money to spend on a battery of law- pleting a national repository for the entire winter there. They spent more yers. They are a small business trying permanent storage of nuclear waste. time in North Dakota than any where to make a living. We do not need to provide the DOE else on their trip. What is happening here is wrong, but with an excuse to leave waste stranded The 200th anniversary—1804, 1805, it happens all the time. It is a form of permanently in Minnesota and across 1806—will bring enormous visitation to corporate bullying. It is throwing your the country. the Lewis and Clark route. So Debbie weight around, if you are big enough to Mr. President, I yield the floor. Kruger, created a candy bar, the Lewis do it. Mr. DORGAN addressed the Chair. & Clark Bar. My message for Necco is: Pick on The PRESIDING OFFICER. As pre- She produced 20,000 to 30,000 bars. She somebody your own size. I am one of viously ordered, the Senator from sold about 20,000; and 10,000 are on your customers. I can’t walk past a North Dakota is recognized. shelves or in inventory. candy counter without stopping, if

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S521 they have those little wafers. I like the goes on in this country, the kinds of Some have described Bob Collins as all chocolate ones. I buy them all the business we pursue and the kind of the narrator of events in Chicago and time. Is that a vice? I suppose. But I do economy we will have in the future. If in the Midwest over the past decade or it because they are awfully good. those who are big enough can always more. He talked about everything from I am one of their customers, and I gain the upper hand then those who are the local and national news to current say to Necco: Lay off small businesses. small will never be able to defend political topics. In fact, he was a very Don’t hire blind lawyers. If you can’t themselves. devoted Republican in a very Demo- tell the difference between their Clark We must from time to time be the de- cratic city. But notwithstanding his bar wrapper and the wrapper for the fenders of those in this country who as- political views, he still had wide popu- Lewis and Clark bar, then get a new pire to do good work and aspire to run larity. He had guests from all walks of lawyer, and do something worthwhile a small business and create something life on his radio show every day. Sen- for a change. of value on the main streets of Amer- ator DURBIN and I on at least one occa- Thomas Jefferson always said that ica. sion were guests of Bob Collins on his the long-term success of this country I yield the floor. radio show. would be our ability to sustain broad- The PRESIDING OFFICER. The Sen- Bob did everything during his radio based economic ownership. Of course, ator from Illinois. show. He would announce the weather. he was talking about a network of fam- Mr. FITZGERALD. Mr. President, I He would talk the whole 4 hours. He ily farms and small businesses. That is ask unanimous consent that I be per- even read his own commercials. And what refreshes democracy, broad-based mitted to speak for up to 10 minutes as being on from 5 in the morning until 9 economic ownership. He always in- in morning business and that the time in the morning and thinking about how sisted that you can’t maintain political be charged to the bill. you hold that audience’s attention for The PRESIDING OFFICER. Without freedoms unless you maintain eco- that long of a time when you are talk- objection, it is so ordered. nomic freedom, and economic freedom ing is very difficult. It is even tougher to do it and remain interesting. But comes from broad-based economic own- f Bob was always interesting. Yet he ership. Therefore, this freedom is root- THE DEATH OF BOB COLLINS didn’t grate on people, and he retained ed in the economic health of men and Mr. FITZGERALD. Mr. President, and built his audience over the years. women in this country who run Amer- later this afternoon a resolution spon- He really had a gift of talking. People ica’s small businesses on main streets. sored by Senator DURBIN and I will be enjoyed what he was saying and found We need to be concerned about that. sent to the desk. That resolution ex- him entertaining. How often do you hear Members presses the sense of the Senate regard- He never stooped to the methods we come to the floor of the Senate and ing its sorrow upon the passing yester- are seeing increasingly with the shock worry about the number of lawsuits in day of one of the Nation’s leading radio jocks, the rude and obnoxious talk this country? They worry about the personalities, Bob Collins from WGN radio we so often hear. lawsuits filed by customers against big Radio in Chicago. He never resorted to cheap tricks to corporations. What about this use of Yesterday afternoon, Bob Collins, maintain the interest of his audience. I lawyers by a big company trying to put who was one of the Nation’s leading think that is the reason people never a small company out of business? What radio personalities, who had a listening tired of him and that he went on for about that kind of corporate bullying? audience of over 600,000 people, after years as a popular radio guy. It is time to stop it. finishing his radio program, drove to Bob was very folksy and unpre- The men and women who risk their his home in Lake County, IL, and de- tentious. In fact, he was the exact all and work hard to run small busi- cided to go out and fly his airplane. He same person on the radio as he was off nesses in this country don’t deserve to apparently had a friend with him in the radio. I saw him many times in re- have to defend themselves against a that airplane. While that airplane was laxed, amicable circumstances, and he battery of lawyers hired by big cor- attempting to land at Waukegan Air- was just the same regular old Bob Col- porations. I hope the company that port in Waukegan, IL, another small lins who grew up in Lakeland, FL, who produces a product that I purchase—a aircraft hit it. Ultimately, it drove Mr. liked to ride motorcycles and fly air- company I don’t know very well—will Collins’ plane into a building. It later planes, with a very sunny and cheerful decide that they ought to cease and de- was confirmed that he died as a result personality at all times. He had a zest sist. of the accident. It was a horrible trag- for life and always had a sunny disposi- I hope they will decide they have bet- edy. tion. On his show, he was always very ter things to do. I hope they will decide In the last 24 hours, all of Chicago polite and agreeable. Even when he dis- they don’t own the name ‘‘Lewis & and many people throughout the Mid- agreed with his guests, he was always Clark.’’ I hope they will decide that west have been mourning the death of very affable. there is no threat to the economic Bob Collins. I want to read from a column that well-being of their company by the ex- Mr. Collins was a personal friend of appeared this morning in the Chicago istence of a small business on the main mine, somebody I thought very highly Tribune by Mary Schmich. She wrote street of Mandan, North Dakota that of. It is with particular sadness that I about Mr. Collins’ life. It is a wonderful makes candy bars and hand-dipped rise upon this occasion of his untimely article. I will read a couple of para- candy. I hope they will find lawyers death. graphs about how she described Mr. who can understand the difference be- Bob Collins was known affectionately Collins: tween these two wrappers. to his Chicago audience as Uncle Bob. As a radio guy, he was both a master and There must be better things for this He had the main drive time-radio pro- a freak. In the age of screechers and squawk- company and for its lawyers to do. I gram at WGN Radio since 1986. He had ers and shock jocks, in a time that has ele- hope to report to my colleagues one by far the largest audience. In fact, his vated the obscenity to art and rewarded it with megabucks, Bob stayed Bob. day that this company has decided to rating points for the last 10 years He earned his big bucks the old-fashioned take a more constructive approach. I showed that his audience was twice the way and still seemed as down-to-earth as the also hope that the many others around size of his next closest competitor. He guy one row behind you in the bleachers. He the country who suffer the same sort of was very much loved all around Chi- was blunt but never crude, amusing but rare- difficulty—who are being bullied and cago by people who for the past 13 or ly rude, opinionated but not obnoxious. It muscled by some of the larger cor- more years, every morning when they was a formula that made him the most pop- ular morning radio guy in one of the world’s porate enterprises that worry about awoke, heard on the radio the voice of most cutthroat radio towns. He walloped the the existence of competition—I hope Bob Collins. competition as easily as if he were sun- these small business people will decide His show ran from 5 a.m. until 9 a.m., bathing. that the solution is not to cave in. The and so hundreds of thousands of That’s the mark of an artist—he makes the solution is to fight. Don’t give up. Chicagoans, as they were driving to difficult look easy. I know that this subject is radically work in the morning on congested ex- Uncle Bob, who for so many years in different from the issue of nuclear pressways, would be listening to him Chicago, to so many thousands of lis- waste. But it has a lot to do with what day in and day out. teners around the Midwest, always

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S522 CONGRESSIONAL RECORD — SENATE February 9, 2000 made the difficult look easy, I am Without objection, it is so ordered. ment is agreed to. Without objection, going to miss you; we are all going to Mr. MURKOWSKI. Mr. President, in the first-degree amendment, as amend- miss you. Thank you for all you have light of this agreement, I can announce ed, is agreed to. done for Chicago and for our commu- that there will be no further votes The amendments (Nos. 2819 and 2813, nity. May God comfort your wife Chris- today and final passage of the nuclear as amended) were agreed to. tine and your mother and father, and waste bill will occur tomorrow at 11 Mr. MURKOWSKI. Mr. President, I may God rest and keep your soul. a.m. move to reconsider the vote. Mr. President, I suggest the absence Mr. REID. Mr. President, briefly in- Mr. REID. I move to lay that motion of a quorum. terrupting the manager of the bill, I on the table. The PRESIDING OFFICER. The think it would be appropriate to ask The motion to lay on the table was clerk will call the roll. for the yeas and nays on passage of the agreed to. The assistant legislative clerk pro- bill tomorrow, and I do so now. Mr. MURKOWSKI. I thank the Chair. ceeded to call the roll. The PRESIDING OFFICER. Is there a Let me take this opportunity to f sufficient second? again thank my colleagues from Ne- There is a sufficient second. vada for their understanding of this NUCLEAR WASTE POLICY AMEND- The yeas and nays were ordered. difficult issue and the effect, of course, MENTS ACT OF 1999—Continued Mr. MURKOWSKI. Mr. President, I it has on their State. Mr. MURKOWSKI. Mr. President, I suggest the absence of a quorum. I encourage other Members who are ask unanimous consent that the order The PRESIDING OFFICER. The seeking recognition and who might for the quorum call be rescinded. clerk will call the roll. want to speak on this issue, this would The PRESIDING OFFICER. Without The assistant legislative clerk pro- be a good time to do it because we objection, it is so ordered. ceeded to call the roll. probably have an hour or two left Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. Mr. President, I today. Time being what it is in the ask unanimous consent that during the ask unanimous consent that the order morning, we have yet to hear from Senate’s consideration today the fol- for the quorum call be rescinded. leadership as to what time the Senate lowing amendments, following a brief The PRESIDING OFFICER. Without will convene tomorrow. debate, be agreed to, and the motions objection, it is so ordered. Might I inquire of the Chair, is there to reconsider be laid upon the table. AMENDMENT NO. 2813 TO AMENDMENT NO. 2808 any indication of that? The amendments are the Conrad (Purpose: To provide a substitute Mr. REID. Mr. President, will the amendment No. 2819 and the Mur- amendment) Senator yield? kowski amendment No. 2813. Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. I am happy to I further ask unanimous consent that send an amendment to the desk and yield to my friend. the time between now and 11 a.m. on ask for its immediate consideration. Mr. REID. Senator BRYAN wants to Thursday be equally divided between The PRESIDING OFFICER. The speak on the bill itself this evening. We the two managers, or their designees, clerk will report. have one other Member who wishes to and at 11 a.m. on Thursday the pending The assistant legislative clerk read speak in morning business. That is all substitute amendment be agreed to, as follows: we know of this afternoon. As the Sen- the bill be advanced to third reading, ator indicated, if there are other Sen- The Senator from Alaska [Mr. MURKOWSKI] ators who wish to come and speak on and passage occur, all without any in- proposes an amendment numbered 2813. tervening action or debate. this legislation, or as if in morning I further ask unanimous consent that Mr. MURKOWSKI. Mr. President, I business, they should work their way the time between 10 a.m. and 11 a.m. on ask unanimous consent that reading of over to the Capitol. Thursday be under the control of Sen- the amendment be dispensed with. I also say to my friend that I haven’t ators MURKOWSKI and BINGAMAN, or The PRESIDING OFFICER. Without spoken to either leader, but I think we their designees. objection, it is so ordered. probably would come in at 9:30 in the Finally, I ask unanimous consent (The text of the amendment is print- morning. That is the normal time. Sen- that the cloture vote scheduled to ed in today’s RECORD under ‘‘Amend- ator THURMOND is available. occur on the bill be vitiated. ments Submitted.’’) Mr. MURKOWSKI. If I may respond The PRESIDING OFFICER. Is there AMENDMENT NO. 2819 TO AMENDMENT NO. 2813 to my good friend from Nevada, I don’t objection? (Purpose: To include the States of North Da- think we have been able to ascertain Mr. REID. Mr. President, it is my un- kota, South Dakota, Wisconsin, and Michi- when. But I join him in encouraging derstanding that we will have two brief gan in the study required by this act) Members to come over and speak at amendments, with voice votes, by Sen- Mr. MURKOWSKI. Mr. President, I this time. I have been notified that ators CONRAD and MURKOWSKI—the two call up amendment No. 2819 in the sec- Senator CRAIG will be coming over this amendments that have been given to ond degree offered by Senator CONRAD. afternoon. Senator DOMENICI will be the Chair in number—and after that The PRESIDING OFFICER. The coming over, and I believe Senator there will be debate on the bill itself, clerk will report. SESSIONS. In any event, there probably with a half hour for each side in the The assistant legislative clerk read will not be a lot of time tomorrow. morning, and there will be no other as follows: Mr. REID. If the Senator will again amendments considered on this legisla- The Senator from Alaska (Mr. MUR- yield, it was the understanding of the tion until final passage. KOWSKI), for Mr. CONRAD, proposes an amend- minority that the time between 10 a.m. Mr. MURKOWSKI. Mr. President, ment numbered 2819 to amendment No. 2813. and 11 a.m. would be equally divided. It that is my understanding. Mr. MURKOWSKI. Mr. President, I doesn’t matter when we come in, just The PRESIDING OFFICER. That is ask unanimous consent that reading of so everyone understands that. the understanding of the Chair. the amendment be dispensed with. Mr. MURKOWSKI. Yes. I certainly Mr. BRYAN. Mr. President, might I The PRESIDING OFFICER. Without agree with my colleague from Nevada. further inquire? objection, it is so ordered. That hour is to be split between both The PRESIDING OFFICER. Yes. The amendment is as follows: sides. Mr. BRYAN. I think that is con- On page 26, line 20 of the amendment, I would like to continue for a mo- sistent with the understanding we strike ‘‘Minnesota’’ and insert ‘‘Minnesota, ment, if I may. There are a couple of have. I presume that this afternoon it North Dakota, South Dakota, Wisconsin, and points that I think are necessary to is in order for us to continue to debate Michigan.’’ highlight. They concern the issue of the measure, subject to whatever ac- Mr. MURKOWSKI. Mr. President, I the Environmental Protection Agency commodations both sides need to make know of no further debate on either of and just what the role is as determined to permit equal opportunities to be the amendments and ask the Chair to by the changes we made. heard. put the question on the amendments. I refer to language that is on pages 3, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without 4, and 5 as opposed to the statement we objection to the request? objection, the second-degree amend- have from the administration on their

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S523 position. I should point out, that state- ulatory Commission—or the National dustry. If they can defeat this and ment was given on February 8. It is a Academy of Sciences finds the pro- bring the industry to its knees by caus- statement of administration policy. It posed rule does not meet one or more ing it to choke on its own waste, nu- states that as of February 4, 2000, the of the criteria issued in paragraph 2, it clear power as we know in this country manager’s amendment to S. 1287—I un- shall notify the Administrator—that will die. It will reach a slow process of derstand this amendment will be is, the EPA Administrator—not later strangling on that waste, the nuclear brought to the floor—undermines than April 1st, 2001, of its finding and power industry will go away, and we EPA’s existing statutory authority to the basis for such finding. will simply generate power from some set standards to protect public health I repeat that the Environmental Pro- other source. and the environment from radioactive tection Agency has the final say and, The difficulty I have with that is the releases. As a consequence, it is unac- under the statute, shall have the sole inability to identify what that other ceptable to the administration because authority to address the levels of radi- source will be and what it will do to they say it undermines EPA’s existing ation but not before June 1st, 2001. We our air quality. To me there is a trade- statutory authority and is, therefore, have not heard from the administra- off in the process. If we lose the nu- unacceptable. tion relative to those changes. I hope clear power generating capacity, which They further acknowledge that the the administration will be sensitive to is about 20 percent in this Nation, what amendment allows EPA to exercise its our effort to ensure that, indeed, the will we replace it with? existing authority to set appropriate Environmental Protection Agency will We have to solve the waste problem. radiation release standards for Yucca have the last word. If this administration does not want it Mountain. It will allow another entity The objective is not to take away to occur on its watch, we are still to block EPA’s authority until June 1, from the obligation of the EPA, which going to have to solve it under another 2001. Consequently, if the February 4, has the authority under statute. The administration, whether it be Repub- 2000, manager’s amendment to S. 1287 effort is to bring forth the best science lican or Democratic, or we are simply is approved, and if the Senate bill with available. If the Nuclear Regulatory going to add this obligation of the these provisions is presented to the Commission that licensed and monitors damages to the American taxpayer. I President, the President will veto the the plants has more Ph.D.s in the area think we are all in agreement that we bill. of nuclear science and the National simply must deal with it. We have an I appeal to the administration. Ac- Academy of Sciences can contribute equal responsibility. cording to the Washington Post article something, is that not in the public in- I gave an interview a few minutes which I read, the White House says it terest? ago. The first question was: Senator, opposes the bill because it would take Again, I appeal to my colleagues to why can’t you resolve this? I am sure away from the EPA the sole authority recognize our bottom line is simply to all my colleagues know why we can’t to determine radiation exposure re- have an emission standard that is at- resolve it. Nobody wants the waste. quirements at a future permanent tainable and that allows Congress to Unfortunately for our good friend waste repository if it is built in Ne- address a final resting place for the from Nevada, a decision was made to vada. waste. proceed with Yucca as a permanent re- Let me read what it says. Senator KERREY’s office advised me pository some time ago. We have spent Adoption of standard: he wishes to be deleted as a cosponsor over $6 billion. The tunnel is drilled. Notwithstanding the time schedule in sec- of the amendment. I ask unanimous We are awaiting licensing. That is tion 801 of the Energy Policy Act, the admin- consent that request be honored. where we are. istration shall not publish or adopt a public The PRESIDING OFFICER. Without I am also told the administration is health and safety standard for the protection objection, it is so ordered. of the public from releases from radioactive split on this. Some would like to see it materials stored or disposed of in the reposi- Mr. MURKOWSKI. I assure my col- resolved. Some don’t want it resolved tory at the Yucca Mountain site except in leagues, Senator BINGAMAN, and the ad- at all. accordance with this section before June 1st, ministration of our willingness to use I guess it rests with each Member to 2001. the remaining time to try to be respon- recognize his or her responsibility as To suggest that they don’t have the sive to their concerns. elected representatives to bring this to sole authority is not what the legisla- I will summarize the situation. We a resolve responsibly. If somebody else tion says. It says they shall not have have been at this a long time. We all has a better idea of how to resolve it the authority to publish or adopt be- agree we have an obligation as elected responsibly, they can certainly have fore June 1st, 2001. representatives to resolve this prob- this dais, the microphone, and what- Further, relative to this portion, it lem. The failure of the Government— ever else goes with it. says: not later than April 1st, 2001, the certainly not under this Secretary of I yield the floor. Commission and the National Academy Energy—to take the waste in January The PRESIDING OFFICER (Mr. SES- of Sciences shall, based on the proposed of 1998 is what we are living with SIONS). The Senator from Idaho is rec- rule and the information provided by today. The ratepayers have paid $15 bil- ognized. the Administrator—that is, the Admin- lion in electric rates on their bills with Mr. CRAIG. Mr. President, I am istrator of EPA—under paragraph 1, the assumption the Federal Govern- pleased to come to the floor this after- shall submit a report to Congress on ment would take that waste; the dam- noon and support the chairman of the whether the proposed rule is consistent ages and the claims go on and on and Energy and Natural Resources Com- about section 801 of the Energy Policy on as a consequence of time passing as mittee in an effort he has led for a good Act; that waste remains at the sites of our number of years. I have participated Or, B, provides a reasonable expecta- nuclear plants. The nearest estimate with him in trying to bring some rea- tion of the public health and safety and we have is $40 billion to $80 billion. The sonable resolution to the issue of a per- the environment will be adequately longer we wait, the greater the burden manent repository for the high-level protected from the hazards posed by of the taxpayer. I think the public nuclear radioactive waste of this coun- high-level radioactive waste and spent looks to Congress to address this with try. fuel disposed of in the repository; resolve. Mr. President, this debate will pro- And, C, it is based on the best reason- Some have suggested this adminis- ceed. It is my understanding we have a able obtainable scientific and technical tration simply does not want to resolve vote tomorrow morning. Already we information concerning the need for this matter on its watch. That may be have heard a variety of opinions on the and consequences of the rule; the basic position of the administra- process used to deal with the issue of And, D, imposes the least burden con- tion. That may be justified in their high-level nuclear waste. Without ques- sistent with obtaining the regulatory minds. There is another group out tion, this is an issue that Congress has objective of protecting the public there that sees the passage of this leg- dealt with over the years in which the health and safety and the environment. islation to resolve what we will do with public has had to go through more No. 3, in the event that either the our nuclear waste as some kind of a misstatements, false statements, or Commission—that is, the Nuclear Reg- significant benefit to the nuclear in- emotional statements about what isn’t

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S524 CONGRESSIONAL RECORD — SENATE February 9, 2000 true or what some wished might be doing it with the kind of science and So we have a 15-millirem standard true. All we can do is look at the sci- knowledge that you want to have to overall for Yucca Mountain and re- entific and engineering facts of the his- make these kind of decisions. quirements for underground water that tory of the management of nuclear The chairman’s substitute bill has a translates, I am told, to a limit of waste in our country to say that this different remedy. EPA would still set about 4 millirem exposure from under- country, about 99.9 percent of the time, the radiation standards but only in ground water. Those are technical has done it right and not exposed their consultation with the NRC and the Na- terms. That is why I have tried to citizenry to the mismanagement of the tional Academy of Sciences. break them down to a simple expla- storage of waste. I wish EPA were not setting those nation as to what it might mean. Yes, we have learned periodically of standards. I don’t think they have the What I want my colleagues to under- the handling of radioactive materials scientific knowledge or credibility to stand is that these levels, 15 millirems where mistakes were made and imme- do so, although we have created this and 4 millirems, are measured against diately corrected. However, our coun- myth about them because it says: They a background level, a point of measure- try has a positive legacy in nearly all are the Environmental Protection ment. You have to have that to deter- instances of dealing with this issue. Agency. Surely their commitment is to mine any increases. You go to what is The Senator from Alaska and I have the environment. known as a background level of natu- brought different versions of this issue Sometimes their commitment is to rally occurring radiation—from the to the floor over the last 4 years as we politics. You cannot say that about the rocks, the nature of rocks, and of have tried to force this administration National Academy and you cannot say course the Earth and the atmosphere to move responsibly following the en- that for the NRC. So what we have itself—naturally occurring radiation of actment of a law in 1982 that was a tried to do and what the chairman, I about 300 millirems per year. long-term approach toward funding and believe, has successfully done is bring Yucca Mountain is located in a very establishing a permanent geologic re- all this together. Therefore, we can arid, desert environment. If you had to pository. We are now at a time when maybe satisfy the political side of it try to find a site within the entire con- the issue of radiation release standards and, I hope above hope, we can address tiguous United States where you might at what may become the permanent the scientific and the engineering side have some hope of meeting a 4- geologic repository at Yucca Mountain of it in a way that is credible and, most millirem ground water standard, Yucca has been largely the focus of what this important, safe for our public and, of Mountain is the kind of site you would legislation deals with. course, safe for the State of Nevada. want to pick. Yet even in the case of It think it is important to put the de- Both of these approaches are superior Yucca Mountain, the period of perform- bate in the context of what is hap- to the current situation which I would ance is so long and the radiation limit pening under current law, not under like to describe. is so unrealistically stringent that the legislation, under the law as it Today, the Environmental Protec- there is some doubt that the Depart- stands today. tion Agency is responsible for setting ment of Energy will be able to dem- My purpose in describing the current the radiation standards at the Yucca onstrate with absolute certainty that a situation is to explore with my col- Mountain repository. That authority 4-millirem ground water standard leagues what I believe is a problem was granted to EPA in the Energy Pol- could be met. with EPA’s current path and for my icy Act of 1992. So on August 19 of last If a dry, desert site cannot meet a 4- colleagues to understand why I have year, 1999, the EPA finally proposed a millirem ground water limit, it is rea- reservations about the games that are draft radiation standard. That draft sonable to question whether any site currently being played. standard is lengthy and has a lot of anywhere could meet this unrealistic My frustration with EPA is that technical detail, but it boils down to standard. sometimes their science is rolled up in two critical items. In other words, I could talk at length about how ri- politics. when you sort through the chaff, here diculous I find these kinds of radiation Let me also be clear about what is at are the facts that make this issue im- limitations, but I think there is a body stake. I firmly believe, if Congress does portant. of criticism of EPA’s proposal already nothing on this issue, what is at stake First, EPA’s draft proposes an indi- existing in many of the comments that is the viability of geologic disposal. In vidual protection standard from all ex- have been submitted by experts—not other words, to me this issue is larger posure pathways—food, water, air, et politicians but by experts on EPA’s than the site at Yucca Mountain. It is cetera—of no more than 15 millirems draft. Perhaps it will be more persua- about whether or not we will be able to per year. sive to my colleagues if I quote from site and license a geologic repository Second, EPA proposes a ground water the comments submitted to EPA by ra- anywhere in our country. protection standard that limits ground diation experts regarding this draft ra- It is not by accident that legisla- water contamination to levels at or diation standard. tively we picked Yucca Mountain years below EPA’s maximum contaminant The American Nuclear Society, ago. It was not done with a crystal levels for drinking water—drinking which is a nonprofit professional asso- ball. It was done with some reasonable water, in an area where none is drank, ciation made up of 11,000 members who knowledge that the geology of the re- or where there are no people to drink are nuclear scientists, engineers, ad- gion might well hold up and would it. ministrators, educators, physicians— probably be a point of isolation of the What that means, in simple terms, is you notice in that list I did not say kind we would want for a repository, that if we are able to sink a well at the politicians; they do not have a reason compared with no other place in the repository and draw the water up and to be political, they are professionals Nation. That has still held up and re- into a glass, EPA says you have to be in an area of importance to this coun- mains true today. able to drink that water straight from try—they submitted comments on I do not believe the current process the ground without treatment. EPA’s radiation standards. The Amer- for setting radiation standards in deal- Not much water is consumed without ican Nuclear Society had the following ing with this is what I would hope we treatment today, except maybe in an to say regarding the 15-millirem pro- would have. It is not being informed by isolated farmsteads and in some rural posal: good science, and I hope that Congress areas. There are very few places, even The individual dose limit that EPA is rec- will bring good science back into the in remote wilderness areas, where I ommending is not appropriate. process. That is why this legislation is would be willing to sample drinking That is what they said. very important. water in the way I have just described EPA points out that the proposed dose The chairman’s original bill, S. 1287, it. Even in some of the pristine, beau- limit of 15 millirem per year is far below the contained the remedy of giving author- tiful areas of my State of Idaho, I sug- level of background radiation— ity to set radiation standards to the gest you do not drink from a stream. I have already mentioned that— Nuclear Regulatory Commission. Why? My forebears were able to do that, but (about 300 millirem per year) and that any Credibility. Honesty, no politics, in today you might get a bacterial con- hypothesized effects of background radiation large part, and a historic standard of tamination known as Giardia. are not detectable against the rate of health

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S525 effects in the general public. While this is waste. Why? Because we allowed politi- long while because the list is long; re- certainly true, we believe that the Nuclear cians instead of scientists to make a member, experts not politicians. Their Regulatory Commission has a better basis in determination as to what is right and objections to EPA’s current draft radi- scientific logic than EPA. The individual how this facility ought to be con- ation standards reflect a very thorough dose limit that the NRC has proposed (25 millirem per year) is also lower than war- structed for the purpose of long-term and well-researched review of EPA’s ranted.... [W]e conclude that a dose stand- safety. proposal, and the criticisms of these ard of 70 millirem for the repository alone is What does the NRC have to say about experts should inform our debate as we appropriate, conservative, and adequately the 15-millirem limit as compared to struggle to understand what all of protective. the NRC’s proposed 25-millirem limit these numbers mean and what they So the American Nuclear Society, an per year? Again I quote from the NRC’s mean for the future of this country’s association of these 11 million profes- comment letter to EPA: nuclear waste disposal program. sionals, has endorsed a radiation stand- Although the EPA rule proposes a lower But I think perhaps DOE said it best, ard as high as 70 millirem per year. limit of 15 millirem, and the difference be- in a letter to EPA transmitting DOE’s What does the American Nuclear So- tween 15 and 25 millirem is small, the lower comments on the draft radiation stand- ciety have to say about the 4-millirem value is not necessary for protection of pub- ard. And the reason that I like this lic health and safety and would provide lit- groundwater standard? They say the quote is, I think it sets the larger con- tle, if any, reduction in health risk when text for what these radiation standards following: compared with 25 millirem. It is also impor- A ground water standard is unneces- tant to consider that the average American mean for our ultimate success or fail- sary.... EPA’s reasons for applying a receives approximately 300 millirem per year ure. groundwater standard appear to stem from a from background radiation. DOE says the following: desire to influence the engineering design of Oh, my goodness, you mean we are EPA’s standards will play a pivotal role in the repository and to reduce collective dose all being irradiated as we stand here or achieving the long-standing policy of the to the general population, neither of which is United States to properly dispose of high- appropriate. Both approaches are incon- as we travel in our cars or live in our level radioactive waste and spent nuclear sistent with the National Academy of homes or walk in our back yards? The fuel in an underground mined geologic repos- Sciences conclusion that an individual dose answer is, yes, we are. It is natural. itory. The Nuclear Regulatory Commission standard is adequately protective.... Shame on that Sun and shame on the must implement EPA’s standards in its regu- In other words, you do not need to do ground and shame on the minerals lations for licensing a repository at the both. within the ground because they collec- Yucca Mountain site, and DOE must be able to comply with those NRC regulations in [V]ery small individual doses are not tively give us 300 millirem per year in background radiation. order to construct a repository. If EPA were meaningful in assessing public health im- to select unrealistic, unnecessarily conserv- pacts.... In addition, the Linear, Non- NRC goes on to say: ative, or non site-specific standards, the re- Threshold theory of radiation health effects In addition to the lack of public health and sult could be the rejection of an otherwise is being questioned with increasing inten- safety benefits, there are regulatory con- suitable site, and the de facto rejection of sity, and a body of scientific opinion exists cerns associated with lowering the dose limit the geologic disposal option without com- today that holds it to be without scientific to 15 millirem. Specifically, as the dose limit mensurate benefit to the protection of public basis.... becomes smaller, limitations in the DOE’s health and safety. Such rejection would not If it is ‘‘without scientific basis,’’ models used for estimating performance, and avoid the consequences of radioactive water then maybe the only basis left is a po- the associated uncertainties in supporting management, but it would require resort to litical basis. That is the frustration analysis, become more pronounced. a different and currently undefined ap- with which the chairman and I have In other words, how you prove your proach. had to deal for the last few years as we case becomes more complicated. I think the statement I just read de- have tried to bring this issue to com- Further, a 15 millirem dose limit is likely scribes the situation we are in now pletion so the American people would to cause unnecessary confusion for the pub- with EPA’s unrealistic and know they had a permanent, safe re- lic and cause the NRC to expend resources unsupportable draft standard. I hope without a commensurate increase in public my colleagues will agree with me that pository in which to put high-level nu- health and safety. clear waste. this is a situation Congress must act to How do other nuclear experts look at Zero risk. Is it possible in the world correct, by bringing good science back this? Let me turn to the comments today, with all of our talent, all of our into the process of setting a radiation submitted to EPA by the Nuclear Reg- intelligence, and the best computers in standard. ulatory Commission in a letter dated the world, to construct a zero-risk en- We need a disposal program. Con- November 2, 1999, providing NRC’s re- vironment? The answer is no. It cannot gress, more than a decade ago, chose a view of EPA’s draft 15 and 4 millirem be done. It is humanly impossible course, a path. We began to tax the radiation standard. under any circumstance for any situa- ratepayers of the utilities that have On the ground water standard, NRC tion; not just for radioactive material, nuclear generation in this country to commented the following: but automobiles and planes, walking pay for that path. across the street, or riding the train That is where we are today. Some re- The NRC staff objects to the inclusion of separate groundwater protection require- back to our offices in the Senate. Zero sist that path using all the reasons ments for the proposed repository at Yucca risk? No. It does not exist. It does not they can humanly generate, and that is Mountain because these requirements would exist in science, and it does not exist in why it is important we have this legis- result in non-uniform risk levels, they mis- the environment. It never has, and it lation. I hope the Congress can pass it apply the Maximum Contaminant Levels never will. and the President will sign it. . . ., and they far exceed what is needed for Yet I am quite sure the public be- Those are the issues with which we protection of public health and safety. lieves we are so sophisticated today have to deal in understanding this If the public is listening to me or if that we in fact could create that with problem. It is critically important to they have listened to some of this de- the unique talents of this country. We our Nation. bate, they would say: But, Senator cannot. It is important we say that. At lunch today, I addressed a group CRAIG, don’t you really want to make That is why we have professionals de- of congressional staff and people in this as safe as humanly possible? termine what is doable, right, and re- town who represent energy companies The answer, of course, is yes. The sponsible, and that is all tied with and those who do not. I said: I find it only problem with what EPA is saying costs and the ability to create. fascinating that the administration is that if we make it that safe, we can- What the NRC is saying by that— would want to take us through a cli- not make it. Of course, I am sure my ‘‘the expending of resources without mate change initiative, known as the colleagues from Nevada hope that commensurate increase in public Kyoto Protocol, in which they want to would be the case. If that were true and health’’—is one can lower it to such a reduce carbon emissions in this coun- if it were to become true, this Nation level of safety that there is no jus- try; therefore, we would have to reduce would still be without what the world tification to go beyond that. the use of fossil fuels which are cur- of engineering and science says is a I could continue quoting from these rently our most abundant source of en- safe, permanent repository for nuclear various radiation experts for a very ergy. In doing so, they are also not

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S526 CONGRESSIONAL RECORD — SENATE February 9, 2000 willing to find a way to deal with nu- one safe spot, far from any human The first example of politics is the clear waste, so that we can see an ex- being, high in the dry desert of Nevada, Department of Energy’s own decision tension of the nuclear generation of seems to me, and a lot of other people, to eliminate one particular section of our country for electricity. They are to be darn good policy. the country from any consideration at downplaying that energy source also, So let me thank my colleague from all in terms of being considered. That and, at the same time, we have a Sec- Alaska for his leadership. While he and was the Northeast. The Department of retary of Interior who wants to blow up I over the years have had disagree- Energy, in their internal documents, hydro dams. They downplay hydro, and ments on this issue, we have worked said: The political resistance will be they will not even put hydro in the re- them out. We have asked the Senate to too strong. We will never be able to get newable resource category. work with us to work out the dif- a site established in that part of the I find it fascinating, a country that ferences. In most instances they have country, even though granite may be exists on energy, an economy that is because this policy is too important for an acceptable geological material in being driven today by artificial intel- the normal course of politics that it which to place a repository. ligence as a new industry, and that has been served. This is an issue whose What was that? Was that science? very industry operates on electricity time has come. I hope the Senate and Was that responsible? It was politics— itself. the House recognize that as we attempt not politics played by the Senators I see our staff on the floor with com- to deal with it. from Nevada or the good people of my puters in front of them. If you turned Again, I thank my chairman and State but politics by the Agency. off the power of that computer, its yield the floor. As I stated yesterday, in 1984, we had brain would go dead, we would no Mr. BRYAN addressed the Chair. a Presidential election. During the longer have the tremendous expansion The PRESIDING OFFICER. The Sen- course of that election, the then-in- of this economy from which we are all ator from Nevada. cumbent President said: Look, we’re Mr. BRYAN. Mr. President, I ac- benefiting. Yet we have an administra- going to eliminate the folks in the knowledge that this piece of legisla- tion phenomenally resistant to the es- Southeast. Salt dome formations will tion, as it has worked its way from the tablishment of a permanent repository not be considered. committee to the floor, is better than Was that science? Was that respon- for nuclear waste but is open to the its original form. But the old adage idea that if you do not handle the sible? It was politics—not politics by that you can’t make a silk purse out of the Senators representing Nevada at waste, you will ultimately kill the in- a sow’s ear is applicable to this piece of dustry; and if you kill the industry, that time, nor politics by the people in legislation. It represents exceedingly our own State. you will never build another nuclear bad policy. What occurred? In 1987, the law was reactor to generate environmentally I am bemused by my friends who are changed so that only one site would be clean electrical energy. And they want advocating on behalf of this piece of studied at Yucca Mountain. I have ex- to get rid of the dams and they want to legislation in that laced throughout pressed my strong opposition to that. I stop burning fossil fuels. Oh, my good- their comments is the suggestion that do not like it. Was it science? Of course ness. somehow those of us who oppose this not. Was it responsible? Of course not. What a reality check for our country, legislation are ‘‘playing politics.’’ I That was naked politics—naked polit- to have as our national policy no en- think it is important, once again, to ical aggression visited upon my State. ergy policy at all. Our wealth and our recite a little of the history. You have heard me characterize that very existence, as a major economic In 1982, when the Nuclear Waste Pol- legislation as the ‘‘Screw Nevada Bill,’’ force in the world, has always been icy Act was enacted into law, Congress as it is known throughout my State. built on the abundance of reasonably made a judgment. I think it was a That is politics—politics played by the inexpensive but readily available en- sound judgment. Congress concluded Senate and the House of Representa- ergy. that it lacked the expertise to set pub- tives and the President in offering That is a part of all of this debate. I lic health and safety standards. They what was originally a balanced piece of think it is probably separate from what chose the Environmental Protection legislation. There is not a scientist in my colleagues from Nevada would say Agency, which is responsible generally the country who would argue that in opposing this legislation. Obviously, for setting health and safety standards, those changes were made in the inter- they have to reflect the politics of as the appropriate agency to serve that est of science or that they could be cat- home, as they should. function. egorized as anything else other than a But for a President to say, in a rel- I think that was a sound policy judg- political decision. atively unspoken way, as a policy for ment. It was to use the language I fre- My point is, this process, that was the country, we have no energy policy quently have heard on the floor, re- set out in the 1982 Nuclear Waste Pol- at all—we do not even have an energy sponsible. It was good science. It was icy Act, is self-executing. It sets forth strategy except maybe a few windmills responsible then and it is responsible the process as to how we ultimately and solar cells—it is no policy at all. now. make this determination. That is why we are on the floor try- Had that 1982 piece of legislation What has occurred over the years is ing to close the link between the gener- gone unchanged, it would have set in the injection of politics—originally on ator of electrical power, by the use of motion a chain of events that would, in a regional basis and now, as we debate the atom, and the necessity to have a fact, have at least been, at the outset, it on the floor, with the nuclear utility responsible method for handling the predicated upon science and not poli- industry. waste that is created by that form of tics. I suspect there are very few people generation. As I have said before in this Cham- who are listening to this debate who While the rest of the world around us ber, I think that piece of legislation can define a millirem or tell us the dif- builds nuclear reactors for generating was a balanced approach. It would ference between a millirem and a kilo- power, and has responsibly handled search the entire country and look for watt. I confess that I am not a sci- their waste—and has used, in large the best possible geological formations. entist. So let me try to categorize this part, our technology to do so—we have We would have had regional equity so as best I can in terms of what we are been bound up in the politics of it for no one part of the country would bear doing. well over a decade. I hope, finally, an it all; that three sites could be studied. In the location of the transuranic opportunity exists for us to break Once they met the scientific criteria, waste storage facility in New Mexico, through it. they would be submitted to the Presi- the Environmental Protection Agency, In my opinion, this is one of the most dent of the United States. The Presi- then as now, is charged with the re- significant environmental bills we will dent would select one. I think that is sponsibility of setting a health and have before the Congress this year. fair. I think that is balanced. I think it safety standard. While those on the other side would is good science. These are the basic principles in- like to cast it as antienvironment, Let me respond to this issue of poli- volved: A geologic repository designed finding a way to collect the nuclear tics because I am both bemused and to isolate radioactive waste from hu- waste of this country, and putting it in frustrated. mans and the environment. That is

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S527 what is occurring at Yucca Mountain. I EPA proposes 15 millirems at Yucca that aquifer isn’t all that important. don’t like it, but that is what is occur- Mountain. Maybe we don’t need to be concerned ring. That is going forward. This no- Now, S. 1287 in its original version, about it because we have water all over tion that there is an overriding neces- not the bill we are now debating, had a the place. sity to enact some new piece of legisla- 30-millirem standard. What does the In point of fact, Nevada has mar- tion is simply not true. This process National Academy of Sciences say? I velous geography. It is a State for continues. Sometime at the end of this confess, I don’t know the difference be- which I have great passion, and I am year, perhaps, there will be a finalized tween 2 millirems and 3 millirems. I eager to return at the conclusion of environmental impact statement, and suspect if my colleagues are as forth- this year and the end of my term. But a couple or 3 years down the road there right as I am, they couldn’t tell the dif- the one thing we do not have is a lot of will be a recommendation for site se- ference either. water. lection. None of that has occurred at The point that needs to be made is, I think Mark Twain once hit it right this point. It may occur down the road. the National Academy of Sciences— on the head when he came to Nevada as It has not yet occurred. No reason to these are scientists; they are not poli- a young man. He came believing there act other than that the nuclear utility ticians—says that is a reasonable was a position as an assistant to his industry, in the middle of this standard. They say the standard, to be brother, who was the secretary of state ballgame, wants to move the goalposts reasonable, could be as little as 2 during Nevada’s territorial period of because they cannot be sure the guar- millirems or as great as 20. That is a time. He wrote a book about those ex- anteed outcome they seek, irrespective reasonable standard. periences. He talked about water. He of public health and safety—namely, What did the EPA come up with? Fif- said: Whiskey is for drinking, and opening the repository at Yucca Moun- teen millirems. Why is this debate oc- water is for fighting. tain—can occur if, indeed, public curring? It is all about politics—not In the arid West, water is life itself. health and safety considerations are al- politics in Nevada but politics by the Water is a resource that we protect be- lowed to prevail. nuclear power industry because they cause it is vitally important to us. This So we have essentially a geologic re- want a standard that is less protective aquifer needs the protection, and the pository designed to isolate radioactive in terms of public health and safety. EPA, the agency which Congress chose, waste. The Waste Isolation Pilot Plant That is what this issue is all about: has said that a 4-millirem standard for and Yucca Mountain share the same. public health and safety. We would not safe drinking water is reasonable and is The possibility of widespread contami- be on the floor debating today if the good science. That is science. nation of both food and water sources nuclear power industry was not push- What is occurring here is a political and the human population likewise is a ing and driving to weaken that stand- effort to divert that standard from concern of the WIPP facility and Yucca ard the EPA has proposed. That is a going into effect. I appreciate the can- Mountain. Radiation standards are to fact of life, my friends. dor of my friend, the chairman of the be established by the EPA to protect Let us talk about the 4-millirem committee. We want to make sure that human health and the environment; standard for water for a moment. I the measuring is under a regulation that is true with WIPP, and those know my good friend from Alaska is that allows waste to go to Yucca standards had been set at 15 millirems, privileged to be from an absolutely Mountain. and Yucca Mountain. magnificently beautiful State. I have That says nothing about health and So I think the question has to be been to his State. I love it, perhaps not safety. And as a Nevada Senator, that asked: Why should Yucca Mountain be with the same passion and conviction energizes me. It angers me. It makes treated any differently? Is there a sci- he does, but it is a gorgeous State. The me very angry and I don’t like the entific reason? The answer is no. It is a State of Alaska, unlike the State of process that has occurred. I do not like political reason: to accommodate a nu- Nevada, is fortunate that nature has the fact that Nevada was designated in clear utility industry which exercises been more bountiful in terms of the a ‘‘screw Nevada bill’’ as the only site enormous power and influence in the amount of water it has. Nevada is the to be considered. I don’t like that. I am Halls of Congress and, frankly, wants most arid of the 50 States. Las Vegas, opposed to that. But if it is going to to change the rules of the game in mid- with a metropolitan population of occur—and that is the state of the stream; not to protect public health more than 1.3 million, is the most arid record—that Yucca Mountain is the and safety but to get rid of nuclear of all of the major population centers only place to be studied, why? And by waste irrespective of the consequences. in America. what conceivable rationale, if there is We could talk about background ra- When we talk about this 4-millirem any public morality at all, would we diation and all of that sort of thing for- standard for safe drinking water, it has suggest that somehow the people of Ne- ever and ever. I think this is the most been suggested that somehow that vada ought to be subject to a lower important issue: Is the standard that water would have to be extracted from public health and safety standard than was set for the WIPP fair and reason- the aquifer—that is the underground our good friends from New Mexico in able? I assume that it is. There was no formation in which water is situated— the WIPP facility—15 millirems and 4 controversy attached to that. Nobody and would be capable of being con- millirems for the safe drinking water? said we ought to take the EPA out of sumed at that very minute. That is As I have said, is it somehow that that; we ought to put in the Nuclear simply not true. All the 4-millirem Nevadans are subcretins, less human? I Regulatory Commission. There was no standard deals with is the amount of am outraged at that suggestion or no- objection to it. It moved forward. radiation. That water may have other tion. As offended as I am by the process Is the EPA being reasonable and re- contaminants—arsenic. It may have to by which Nevada was selected—by poli- sponsible and scientific? I think the an- be subject to a whole series of proc- tics, not science—the ‘‘Screw Nevada swer is clearly yes. The 1992 energy esses, whether it is a reverse osmosis Bill’’—at least the people in our State, bill, which has been referenced in this process, which sometimes we have to as this process moves forward, ought to debate, had inserted a provision which use in southern Nevada, adding chlo- be entitled to the basic minimum said the National Academy of Sciences rine to it, or whatever else might have health and safety standards of the needs to take a look at whatever the to be done to make it fit for human EPA. EPA standard is to see if it is reason- consumption. But what we do not want Let me be clear. The EPA was not es- able and within a recommended range. to do is to damage a water resource tablished by some left-wing, radical, They have done that. Here is what the which a growing State such as Nevada commie sympathizer group of folks. National Academy of Sciences’ rec- will need in the future. This agency was brought to life during ommended range. This is the millirems The notion that somehow we can a Republican administration—the ad- we are talking about, which simply cavalierly dismiss the notion of a ministration of Richard Nixon. In 1982, means the amount of radioactive expo- standard to protect us in terms of safe there was essentially a Republican sure an individual can have in a given drinking water is somewhat out- Senate, and a Republican President year from this source. What was pro- rageous. Perhaps if nature had been made the determination in this piece of posed at WIPP? Fifteen millirems. The more bountiful, we could say maybe legislation—the Nuclear Waste Policy

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S528 CONGRESSIONAL RECORD — SENATE February 9, 2000 Act—that the Environmental Protec- I object to the political way in which tainly not the chairman who has advo- tion Agency was the appropriate place our State was savaged for it. That is a cated this legislation so ably. I would for the determination to be made in fight for another day. like to share a personal insight into terms of public health and safety Having had that piece of legislation where I am coming from with regard to standards. shoved down our throat, we certainly this legislation. So I submit that you don’t have to ought to be entitled, as human beings During his State of the Union Ad- know a lot about millirems, or about who happen to live, as I do, within 90 dress, President Clinton remarked: aquifers, and you don’t have to know a miles of that site, to the protection of ‘‘The greatest environmental chal- whole lot about this issue to under- the agency that is charged by law with lenge of the new century is global stand that the one agency that is protecting the health and safety rec- warming. The scientists tell us that charged by law with providing public ommendations, and that an inde- the 1990s were the hottest decade of the health and safety, the Environmental pendent oversight group, the National entire millennium. If we fail to reduce Protection Agency, was charged with Academy of Science, says is within the the emission of greenhouse gases’’— that responsibility 18 years ago in this recommended range. that comes from burning fossil fuel— act, and has exercised that responsi- What is wrong with that? The answer ‘‘deadly heat waves and droughts will bility with WIPP, and there was not a is, nothing is wrong with that except become more frequent, coastal areas murmur—no suggestion—that that was the politics that the nuclear industry will flood, and economies will be dis- somehow radical, that it was political, would visit upon this Chamber and say: rupted. That is going to happen, unless not science. Look, you have to help us out; I am not we act.’’ We are simply asking for no more sure we can make that standard. Re- But just because the President de- and demanding that there be no less duce it, dilute it, kick it over until clared it so does not necessarily make protection for us. That is really all you next year, and maybe we will get a new it so. Science surrounding climate need to know about this argument. It President who will be less responsive to change is very complex. In fact, NASA is simply an attempt to reduce those the concerns of public health and safe- has found through satellite data that standards. And somehow to suggest ty. the upper atmosphere has not warmed that unless we pass this piece of legis- I ask my colleagues, when we vote on at all over the last 20 years. But, re- lation, this process that began back in this at 11 o’clock tomorrow, to reject gardless of that, we don’t know what is the early 1980s to locate a permanent this ill-conceived piece of legislation. happening out there. Change is always repository cannot go forward, that sim- It will be vetoed by the President and about. ply is not true. This process continues. opposed by the EPA, opposed by the The notion that our coastlines will We are spending hundreds of millions Council on Environmental Quality, and flood or that heat waves will plague of dollars studying that Yucca Moun- by every environmental organization of the world is a view that is shared by a tain facility to see whether or not it is which I am aware. lot of radical environmentalists, non- suitable, and that is ongoing. That It is said that this is an important growth people in this country and would continue, much to my regret, as piece of environmental legislation. Let around the world. Some scientists have I have indicated, if this piece of legisla- me correct the RECORD. This is not an actually studied the matter, however, tion had never been conceived or seen important piece of environmental leg- and concluded that there are many the light of day. islation. If this is allowed to occur, this beneficial changes that occur when What is involved here is the nuclear is an environmental travesty. I hope carbon dioxide levels increase. If there utilities. Yes, sure, they would like the my colleagues will not allow that to is more carbon dioxide in the atmos- American Society for Nuclear Engi- occur. phere, plants grow better. They suck in neers to make the judgment. It doesn’t I yield the floor and suggest the ab- carbon dioxide and emit oxygen in the give me, as a citizen, great comfort sence of a quorum. process of life that all plants go that crowd is going to be more con- The PRESIDING OFFICER (Mr. MUR- through. cerned about my health and safety, KOWSKI). The clerk will call the roll. Regardless of who is right and the that of my children and grand- The legislative clerk proceeded to status of this debate, all of us should children—two of whom live in Nevada— call the roll. look forward to working together in but the EPA has a pretty decent track Mr. SESSIONS. Mr. President, I ask developing a plan to reduce air pollu- record, and it was not challenged pre- unanimous consent that the order for tion. In doing so, we will at the same viously—not challenged. the quorum call be rescinded. time reduce these greenhouse gases, So what this is all about is to kind of The PRESIDING OFFICER. Without many of which are not damaging to our bump this standard over into next objection, it is so ordered. health. But we will do that anytime we year. Presidential politics. We know we Mr. SESSIONS. Mr. President, I want reduce pollution, as a general rule. are going to have a new President, and to join the occupant of the chair on his The largest component of greenhouse the hope of the nuclear utility industry remarks in support of this legislation, gases, of course, is carbon dioxide, CO2, is that a new President will say to the which is far too long overdue and which is not an unhealthy gas. Presi- nuclear utilities, look, you can have which has cost the taxpayers money dent Clinton and Vice President GORE whatever standard you want. I hope because your efforts to see it passed have already tried to commit our coun- and pray to the good Lord that does have been frustrated. try, through the Kyoto global warming not occur, but that is what this is all The leadership you, and others have treaty, to an agreement which would about. It is not necessary. It is not sci- given to this bill has made a compel- call on the United States to reduce entific, and it is not responsible to pro- ling case for its passage. I believe we greenhouse gas emissions by 7 percent ceed on the course of action that we ought to move forward with it, and below the 1990 level by the year 2002. are asked to follow in this piece of leg- hopefully we will this time. That was a goal of Kyoto. The Vice islation. I do not agree with some who say this President was adamant about commit- I appeal to my colleagues in the is not an important piece of environ- ting the United States to reducing name of fairness. All we are asking is mental legislation. It clearly is. We emissions 7 percent below 1990 levels by to have the same measure of protection have nuclear waste all over this coun- 2012, just 12 years from now. And the that is accorded to the good people of try in nuclear facilities in less than United States already produces green- New Mexico with respect to their nu- ideal conditions. That waste can be house gas emissions that are 8 percent clear facility, which the Nevadans will moved to an ideal location approved by over 1990 levels. be entitled to if Yucca Mountain is the Federal Government. This is a bill The Energy Information Administra- ever determined to be scientifically which would help make that happen tion predicts that the United States, and suitably situated for the receipt of and clean up the environment. however, will need about a 30-percent that waste. That is not an unreason- I would like to share some thoughts. increase in electricity by the year 2015. able premise. It is not an unreasonable I come at this with a little bit of a dif- We are talking about reducing green- request. We are not asking you to re- ferent view, as I am sure others do. I house gases in the next 12 years by 15 peal the ‘‘Screw Nevada Bill,’’ much as don’t speak for anybody else, and cer- percent from current levels during a

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S529 time when we need a 30-percent in- There are other parts of the Earth’s eco- less pollution. Refrigerators today are crease in power. It is going to be very logical systems that are also threatened by using less than half the electricity difficult to do under any cir- the increasingly harsh impact of thoughtless they did 15 or 20 years ago. That is cumstances. behavior: The poisoning of too many places good progress. The fact is, electricity But at the same time we are faced where people—especially poor people—live, and the deaths of too many children—espe- consumption is up in the last 8 years with these difficult choices, this ad- cially poor children—from polluted water despite these huge increases in effi- ministration has surprisingly and and dirty air. ciency. World demand also will rise. openly opposed the use and continued Perhaps the Vice President should The theory of global warming does development of the only options we heed his own rhetoric and stop the not hinge solely on pollution in the have to realistically meet the emis- thoughtless behavior put forth by his United States. The theory suggests sions reduction goals—nuclear power own administration that has discour- that global air emissions are creating, and natural gas. so the theory goes, a greenhouse effect Nuclear power currently provides aged both the use of nuclear power and the production of our cleanest fossil that might raise the temperature over 20 percent of the electric power in around the world. I know people have this country. Given the state of energy fuel—natural gas. On September 3, 1999, Vice President become absolutely convinced this is a technology today, a critical component GORE pledged to stop the new leasing of scientific fact; my staff and I have been of our emissions reductions plan should doing research and I am not yet con- be the safe use of nuclear power. We oil and gas sites offshore. It is really a stunning thing. We are vinced. Again I repeat: NASA has mon- must maintain this energy source, per- producing natural gas mainly in the itored the temperature of the upper at- haps making it a larger source of our mosphere for over 20 years using sat- energy mix, and not dismiss its future Gulf of Mexico at unprecedented rates. ellites, and they find the upper atmos- use outright by opposing this critical And we have the opportunity, through phere has not warmed. Originally, the legislation. recent discoveries there, to produce As an example of the environ- even more. Producing more natural gas greenhouse gas theorists believed that mentally friendly capacity of nuclear in this country will reduce our burden this part of the atmosphere would be power, consider this: Between 1973 and on coal and it will reduce our burden where the warming would first occur. 1997, nuclear power generation avoided on oil, which is more polluting. It will It has not. the emission of 82.2 million tons of sul- reduce our trade imbalance and debt to I point out that even members of fur dioxide, and more than 37 million foreign producers in the Middle East President Clinton’s own administration tons of nitrogen oxide, which would where we are shifting huge amounts of have recognized that nuclear power have been released if that electricity our wealth. must play a large part in our energy had been produced by fossil fuel plants. Vice President GORE said we are mix. In March of 1999, Ambassador In 1997 alone, emissions of sulfur diox- going to stop natural gas production. John Ritch, President Clinton’s ap- ide in 1 year would have been about 5 He went on to state his intention to pointed Ambassador to the North At- million tons higher, and emissions of shut down even existing gas wells. Near lantic Assembly, an assembly of parlia- nitrogen oxide would have been 2.4 mil- my home in Mobile Bay, I fished mentarians to the North Atlantic lion tons higher had fossil generation around the oil and gas rigs there. It is countries, commented on this issue we plants replaced this nuclear genera- some of the cleanest water you can are debating today. He said: tion. In addition, literally billions of find. We are having no problems with The reality is that, of all energy forms ca- tons of carbon and millions of tons of those wells. pable of meeting the world’s expanding methane emissions—believed to be the The Vice President said: needs, nuclear power yields the least and most significant greenhouse gas—could If elected President, I will take steps to most easily managed waste. have been avoided by the sensible use prevent any drilling on the older leases that In October of 1998, Under Secretary of of nuclear power in this country. were granted during previous administra- State Stuart Eizenstat remarked: Even though we are still fighting tions . . . I believe very firmly that nuclear [power] health problems associated with pollu- He is even committing to shut down has to be a significant part of our energy fu- tion, a problem that is measurable and current natural gas wells that are pro- ture and a large part of the Western world if real, the safe use of nuclear power in ducing the cleanest form of fossil fuel we are going to meet these emission reduc- this country and elsewhere has helped energy we have today. tion targets. Those who think we can accom- These comments and the policies of plish these goals without a significant nu- all of us to breathe easier. In fact, clear industry are simply mistaken. there has not been a single incident in this administration on pollution and this country of a person being signifi- the environment just don’t mesh. However, we cannot have this indus- cantly injured or losing their life at a There simply is no way to meet our try if we cannot dispose of the waste. nuclear power plant in the entire his- pollution reduction goals while simul- By passing sensible nuclear waste tory of US nuclear power production. taneously stopping the production of legislation, we have the greatest oppor- That wouldn’t have been true at plants clean natural gas and blocking the de- tunity to reduce air pollution since the burning coal. How many coal trucks velopment of a healthy nuclear power passage of the Clean Air Act. Nuclear have had wrecks and killed people? industry in this country. power produces virtually no air emis- How many coal miners have been in- The Senator from Idaho earlier said sions and generates an extremely small jured or killed? How many people have we have no energy policy in this coun- amount of solid waste. In fact, relative been killed in moving gas through try. We are drifting from poll to poll. to the amount of power generated per pipelines and that kind of thing? Nu- Well I think he may be right. ton of waste produced, nuclear power clear power has actually been much Some say wind, solar, and biomass rates among the cleanest of all energy safer than those options. technologies are the way to meet our technologies. Indeed, other countries are far ahead air pollution goals. I know of some My judgment, which has been formed of us. In France, 76 percent of their good research projects. One in my over time, is that we have to develop power is nuclear. And soon, 50 percent home State uses switch grass and coal policies which will encourage the fu- of the power in Japan will be generated to help produce electricity. It is an en- ture development of nuclear power in by nuclear plants. Nuclear powerplants vironmentally friendly project and I this country—not build roadblocks to provided some 16 percent of the world’s hope it will be successful. While a lot its use. How can we continue to main- energy production in 1998. Yet the of progress has been made in this area, tain 20-percent power production from United States hasn’t proposed to build we must face the reality that these nuclear plants if these plants are now a new plant in over 23 years. One rea- new technologies are good steps—but going to reach an age where they will son is the cost is rising and is being they are small steps; they simply can- have to be closed down? What will we driven up by our inability to dispose of not be relied upon to meet our energy do? The only choice is to burn fossil even small amounts of nuclear waste. needs over the next 40 to 50 years. fuel if we don’t use nuclear power. On November 8, 1997, just after sign- Every day, new ideas, new proce- Currently, there are tons of spent nu- ing the Kyoto greenhouse gas treaty, dures, and new techniques cut fuel use, clear fuel stored at 71 sites in 34 States Vice President Gore stated: allowing citizens to get energy with around this country. Most of the spent

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S530 CONGRESSIONAL RECORD — SENATE February 9, 2000 fuel is stored onsite at nuclear plants. I thank the chairman of this com- promises obviously go back to 1998 The Nuclear Waste Policy Act of 1982 mittee for his courageous, steadfast, when the Federal Government did not established a nuclear waste storage and determined effort to bring this out- deliver on its contractual commit- fund and required the Department of rage to an end and to get this matter ments to take the waste. The adminis- Energy to begin accepting nuclear settled. tration simply could not assure the waste from these plants all over the I appreciate his leadership, and I States that they would not become country by 1998. The fund was paid for yield the floor. some 40 repositories, which is what by a user fee imposed on customers of The PRESIDING OFFICER (Mr. they are now. electricity—that is, American citizens. BURNS). The Senator from Alaska. I know the Secretary of Energy did That is, in effect, a tax on American Mr. MURKOWSKI. Mr. President, I the best he could, but it simply could citizens that has been paid for quite thank my friend from Alabama. He has not be done. So it is quite natural some time to store this nuclear waste. highlighted some points that certainly these States would say: Wait a minute, To date, the fund has grown to over needed to be identified. In reality, the the Federal Government has not per- $15 billion, as the chairman has pointed issue is twofold. formed on its contractual commit- out. Not a single ton of spent nuclear No. 1, are we going to have a future ment. Now it wants to take title in our fuel has been accepted by the Depart- in this country for the nuclear power State, without giving us the assurance ment of Energy. That is an outrage. As generating capability associated with it is going to be moved. As a con- a result of the Department’s failure to our power industry? Is that in the fu- sequence, as my colleagues know, those meet the 1998 deadline, the Department ture of this country? Or are we hell- States were represented in the letter I is currently facing multiple lawsuits bent to kill it? introduced into the RECORD from six which could cost the Federal Govern- Further, do we want this high-level States claiming they would urge their ment—and taxpayers—tens of billions waste stored at 80-some-odd sites in 40 representatives in the Senate not to of dollars for their failure to produce a States for an extended period of time support legislation unless the take safe storage spot and make it avail- or do we want to get on with the job of title was removed. able. collecting it and putting it in one per- I do not fault the Secretary of En- The Department of Energy has spent manent repository? ergy. But I think it is fair to say the over $4 billion to study the safety and Listening to the debate, I am sen- administration has not had its act to- environmental impact of storing spent sitive to the difficulties associated gether for one reason or another. nuclear fuel at Yucca Mountain site. with the decision that was made at a Maybe it is to accommodate my friends That is $4 billion. The general fund time when we had a Democratic chair- from Nevada, but, nevertheless, it has budget of the State of Alabama, with 4 man of the Energy and Natural Re- not been resolved. million citizens, is $1 billion. Four bil- sources Committee, my good friend, I tried my best. I am willing to re- lion is a lot of money that has been Senator Bennett Johnston. This has visit this in the future if the adminis- spent. been a tough vote for my colleagues tration can follow through with some The Department’s findings indicate from Nevada. I recall a Republican type of commitment. But I think it is that Yucca Mountain is ideally suited Senator who probably lost the election unfair for the administration to criti- for the long-term storage of nuclear in his State. He fought valiantly cize legislation because of their failure power. against putting the waste there. But, to follow through on their commit- Despite the rhetoric put forth by as I have identified time and time ment. That is where we are on this. those who oppose this bill, the fact is, again, nobody wants the waste. That is We have heard suggestions from our Yucca Mountain is located in the heart the first premise with which you enter friends from Nevada that putting the of a remote Nevada nuclear test range into this discussion. But you have to issuance of a radiation standard off is where nearly 1,000 nuclear devices have put it somewhere because it will not politicizing the process. We can point been detonated and tested over the stay up in the air. As a consequence, fingers around here because this is a years during the cold war. It is a we find ourselves still debating the political body. But if we look at the desert. It is not located near any popu- issue. facts, the opposite is probably true. lation center and would pose no threat At the hearing we had in the Energy The administration chose to abandon to the surrounding areas. Committee some time ago, the state- sound science and to inject politics The safe long-term storage of spent ment was made by our colleagues that into the standard-setting as part of its nuclear fuel—which has no potential to regardless of the science, they would opposition to the use of nuclear power. blow up—is a problem we can and have to oppose the selection of a site in Under the law, the Energy Policy Act, should have solved. By passing S. 1287, Nevada. Let’s face it; that is a tough the EPA was to follow the guidelines we will set in motion a well-researched set of circumstances. But we have a job set by the National Academy of plan to safely solve this problem once to do because we have to put it some- Sciences. The National Academy is not and for all and allow America to move where. an appointed body. Its membership is forward in meeting our goals: Cleaning I do not want to oversimplify it. My elected, based on professional scientific up the environment of nuclear waste friend said the bill is a lemon; it is background, by the other scientists. and reducing air pollution by con- ugly. I do not dispute that. But Nevada The National Academy called for ‘‘all tinuing to allow the nuclear industry has been selected for the permanent re- pathways’’ as a standard. to function. pository, assuming it can be licensed. EPA chose to go outside that guide- The Clinton-Gore administration has That is the hard fact. It might not be line and threatened to create a sepa- suggested it may veto this bill if it ar- pretty. I guess I would say that we rate groundwater standard in addition rives on the President’s desk. The ef- have, really, no other alternative be- to the ‘‘all pathways.’’ I guess the only fect of this announcement is to frus- cause it is critical that we maintain a reason was to frustrate the develop- trate a $15 billion plan agreed to years nuclear power industry in this country. ment of the repository. They ignored ago. We have had a conversation about re- science and yet injected politics. If To say ‘‘no’’ to nuclear power use in moving the take title. It has been re- anything, I think my amendment will this country is to say ‘‘no’’ to our best moved. I know that disturbs my good remove politics from the process, and chance to significantly reduce air pol- friend and ranking member from the that is my objective. lution and save the environment. A State of New Mexico. Secretary Rich- Talking about whether or not this is vote against this bill is a vote against ardson, the Secretary of Energy, raised environmental legislation, the Senator the environment, a vote against com- this issue. I have held it in the legisla- said environmental groups oppose this mon sense and a vote against fiscal tion until the very end. But it became legislation and the League of Conserva- sanity. We have dawdled and delayed obvious that the administration could tion Voters is watching every one of far too long. Now is the time to store not deliver on their promises, that us. Think about that. Here is an envi- this hazardous waste under a moun- they could reassure the States that ronmental agency that is genuinely tain, at an old nuclear test range in the this was not just another ruse or an- concerned about the safety, health, and Nevada desert, at Yucca Mountain. other broken promise. And the broken welfare of people regarding issues it

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S531 has every right to be involved in. But INTERNATIONAL BROTHERHOOD OF proach to solving an on-going, continuously what is its objective? Is the objective TEAMSTERS, DEPARTMENT OF GOV- growing problem of nuclear waste. We urge to kill the nuclear power industry in ERNMENT AFFAIRS, you to support it as it moves to the Senate this country? Is that the true objec- February 8, 2000, Washington, DC. floor. DEAR SENATOR: The International Brother- tive? I wonder. Because maybe the It is signed Michael E. Mathis, Direc- hood of Teamsters urges your support for S. tor of Government Affairs. League of Conservation Voters, as they 1287, the Nuclear Waste Policy Act of 1999. indicate their opposition to this legis- Passage of this legislation is crucial to solv- As we wind down this debate, I again lation, indicating they are watching, ing the ongoing problem of safe storage of urge we all focus on the reality of thinks having spent fuel spread around spent nuclear fuel. whether we want to kill the nuclear in- this country at 80 sites in 40 States is Thousands of tons of spent nuclear fuel are dustry in this country, if that is the a good idea. stored onsite at nuclear plants in approxi- objective, or whether we want to get on mately 110 temporary storage facilities in I do not think so and I do not think with addressing the responsibility communities across the nation. No one dis- which we have, which is to address the majority of Senators think so. agrees that nuclear waste belongs in a single Maybe they think shutting down 20 safe repository far removed from population what we are going to do with this high- percent of our generating capacity is a centers. Yucca Mountain, located on the Ne- level waste. good idea, when they do not come up vada Test Site, which S. 1287 designates as Since we have been committed at the with any alternative. What do they the site, is just such a facility. expense of some $6 billion at Yucca want us to do? Maybe they will ignore This legislation directs the Department of Mountain, since we have in this legisla- that we will have to replace that ca- Energy to develop and operate a simple, safe tion addressed the appropriate role of construction plan for Yucca Mountain. The pacity with fossil fuel-fired plants. Is the Environmental Protection Agency plan includes development of a safe transpor- as having the final say on the deter- that what they want? They do not have tation system from nuclear power plants to to take the responsibility that you and the site. We anticipate that this could sup- mination of what the radiation stand- I do, to come up with and address an port more than 10,000 Teamster jobs. ards should be, since we have addressed alternative. It is very appropriate that To ensure the safe and responsible han- the transportation system by leaving it they criticize, but I wonder where they dling of all phases of construction and man- up to the States to designate how and are going. Are they really going to agement of the facility, as well as the trans- where and under what terms and condi- fer of waste to the facility, S. 1287 provides shut down the nuclear power industry? tions, the waste will move out of the extensive training to all workers involved in States where it presently resides. We They do not say that. the transportation of used fuel as well as to Maybe they do not care about the emergency response personnel. Specifically, have met the challenge we have been cost to the taxpayers, the elderly, the the legislation requires the Department of charged to address. As a consequence, poor, when we have to replace that ca- Transportation, the Department of Labor we should recognize that it is time to pacity at the taxpayers’ expense—the and the Nuclear Regulatory Commission to finally put this matter behind us and ratepayers’ expense. develop an appropriate training standard, not contribute additional expense to Maybe they do not have a better use and goes the extra mile of ensuring that em- the American taxpayers or the rate- for the $80 billion, or whatever it is, in ployers possess evidence of meeting that payers who have been paying into this training standard before workers are per- fund for the last several years. liability we are facing as a consequence mitted to remove or transport nuclear waste. of this delay. They have a responsi- In addition, the legislation provides grants I save the remainder of my remarks bility to come up with answers, and to organizations like the Teamsters Union to for the remaining time tomorrow they do not accept that responsibility. train workers who transport spent nuclear where I understand the proponents and As a consequence, I find fault with fuel. These training programs ensure that opponents have an hour equally divided their logic as well as their objective. the high standard of safety that has been beginning at 10 o’clock, with a vote Maybe they simply do not care. demonstrated in nearly 3,000 shipments of scheduled at 11. Maybe they do not care about human used nuclear fuel in the United States since Mr. President, I yield the floor for 1964 will continue. The fact is that there has health and safety or the environment comments by my colleague. never been any human injury or environ- The PRESIDING OFFICER. The Sen- or the cost and the impact on the tax- mental damage in the transportation of nu- payers, the poor or the elderly, because clear waste, and none of the sturdy nuclear ator from New Mexico. they want to pursue their own agenda. fuel shipping containers has ever been Mr. BINGAMAN. Mr. President, I Is that a political agenda? I think it is. breached. thank the chairman of the committee It is a political agenda against nuclear Finally, the legislation supports programs for his remarks. I will make a few re- power. to enhance road and vehicle maintenance marks this afternoon. There will be This is a major environmental bill, and inspection efforts, all of which con- more in the morning. I will be back on and if you are not for the environment tribute to continued safe transportation of the floor in the morning to express it high-level radioactive materials. in moving this quantity of high-level For these reasons, the Teamster Union be- in more detail. nuclear fuel to one site, how in the lieves that S. 1287 is a well-reasoned, bal- First of all, for anybody who is world can you suggest in any manner anced approach to solving the on-going con- watching this debate and trying to un- or form that you are for the environ- tinuously growing problem of nuclear waste. derstand what is happening, it is not ment by leaving it at these sites? It We urge you to support it as it moves to the easy to understand because we have a does not belong there. The sites were Senate floor. complicated set of procedures we have not designed for it. It is contrary to Should you have any questions or need ad- followed around here to get to this ditional information, please contact Jennifer point. the health and welfare of the public. Esposito or me at 202/624–8741. What we have here is a progressive Sincerely, Yesterday, I outlined my reasons for bill to address the problem. I say to MICHAEL E. MATHIS, opposing the manager’s amendment those who receive threats or notifica- Director, Government Affairs. that was being considered at that time. tion on the merits of the environ- Mr. MURKOWSKI. Mr. President, in It was No. 2808. That was the manager’s mental aspect that this is not a good paragraph 2, it states: amendment on which we voted to in- environmental bill, this is an environ- No one disagrees that nuclear waste be- voke cloture, or to bring debate to a mental bill that addresses and solves longs in a single safe repository far removed close. the problem. from the population centers. Yucca Moun- I said at that time I believed the I conclude my remarks—since we are tain, located on the Nevada Test Site, which overall legislation, not that particular beginning to get statements from var- S. 1287 designates as the site, is just such a amendment but the overall legislation, ious groups that either oppose or sup- facility. was very important and was necessary port the bill—by asking unanimous On page 2: to solve particular problems we have consent that a letter dated February 8 The fact is that there has never been any with our nuclear waste program, but from the International Brotherhood of human injury or environmental damage in that the particular provisions in that Teamsters be printed in the RECORD. the transportation of nuclear waste.... amendment that was before us yester- There being no objection, the letter In the last paragraph: day did not solve those problems and, was ordered to be printed in the For these reasons, the Teamster Union be- in fact, the particular language in that RECORD, as follows: lieves S. 1287 is a well-reasoned, balanced ap- amendment created some additional

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S532 CONGRESSIONAL RECORD — SENATE February 9, 2000 problems. That was why I could not We in Congress were way too opti- taxpayers ultimately are going to wind support the language we were consid- mistic, and the Department of Energy up footing the cost of the judgments, ering yesterday. was too optimistic about how quickly whatever judgments are imposed on We have, of course, gone beyond that. they could do all this. They entered the Federal Government—but what We now have a new substitute amend- into these contracts. When January 31, clearly would benefit all of these ment which has many changes in it. It 1998, came, the Department of Energy groups and individuals I have talked was my hope that when we got to this had no place to put this waste, so they about here is for the Department to substitute, it would fix the problems defaulted on at least the first of those take title to the utilities’ waste and as- and concerns I had. I commend the contracts. The contracts become due. sume financial and legal liability for chairman of the committee for a num- The obligation of the Department of management pending the completion of ber of constructive improvements he Energy to pick up that waste and move the repository. did make in this substitute. Unfortu- it to a site becomes due each year to The truth is, Yucca Mountain is nately, though, my own view is that more and more utilities as we move being characterized. It is not being while the new substitute makes im- forward. done as quickly as we would like be- provements, there are still serious So today the reality is we have a cause we have not provided all the flaws and, more important than that bunch of lawsuits, lawsuits in the funds necessary to do it on a timely even, there is a major step backward, Court of Claims, by utilities against basis, but it is being characterized. If it and that relates to the dropping of the the Department of Energy, saying: You passes muster in the final analysis, if it take title provision. I will try to ex- owe us money; you are continuing to can meet the standards the Environ- plain in more detail why I think the be in default; you should have picked mental Protection Agency establishes, take title provision is important to us. this waste up; you have not picked the and then is going to be used, it is still Let me also parenthetically say, I waste up; for every day you don’t pick going to be 8 or 10 years from now be- can sympathize with the statement the the waste up, you owe us some more fore waste will actually be moved to chairman makes about people who money. that site. That is just the reality. It is criticize and offer no alternative. Let That is the situation. not a question of whether you like it or me make it very clear, and I do not The take title provision was a provi- dislike it; that is just the reality. think this will be disputed by the sion we worked out with Senator MUR- What we were trying to say is, during chairman or anyone else, from the be- KOWSKI, with the Department of En- these 8 or 10 years, there is no reason ginning of this process, I have not only ergy, and with my staff to solve that why the Federal Government’s liability expressed concerns, I have offered al- problem. Basically, what it said was for not moving that waste beginning in ternative language. In fact, when we that we would give authority to the 1998 should continue to grow and to ac- were considering this bill in com- Department of Energy to enter into a crue. The new substitute drops that mittee, I offered a complete substitute contract—if a utility wanted to— provision. The new substitute elimi- that was voted on by the committee whereby that utility would give up nates this way out for the Department and was defeated at that time but got title to the waste, the Department of of Energy, for the utilities, and, more quite a few votes. It is not as though Energy would take title to the waste, we have refused to offer alternatives. importantly than anything, for the and that would be done as part of a set- We have offered alternatives. They American taxpayers. tlement of the litigation that is pres- There are other provisions where this have not been acceptable. I understand ently pending or that would otherwise new substitute we will vote on tomor- that. Each Senator votes their best be filed. row, like the original one, creates prob- judgment, and their best judgment was We provided a particular length of that the alternatives were not im- lems that would limit the ability of the time in which utilities would have to provements. I disagree strongly with Department of Energy’s waste program decide whether they wanted to enter that judgment. to succeed. Let me mention a few. This new substitute on which we are into negotiations to do this, whether The substitute imposes deadlines on getting ready to vote tomorrow morn- they wanted to take advantage of this. the Department of Energy, saying the ing—and we will, as I said before, have There was nothing mandated. But it Department must ship spent fuel to Ne- time to speak about it tomorrow morn- was a way out of this morass of litiga- vada on a schedule that the Depart- ing; we will have an hour equally di- tion in which the Department of En- ment of Energy says they cannot meet. vided—eliminates the so-called take ergy now finds itself. I know that is what we did before. We title provision which was the core of This bill we are going to vote on at 11 set a deadline. At that time, the De- the committee-reported bill and was o’clock tomorrow morning eliminates partment of Energy did not say they the focus of our efforts to reach a con- that way out. That way out was a main could not meet it. But at any rate, we sensus with the administration. reason for actually considering this set a deadline they did not meet and Let me explain a little bit about bill. It was the core reason our com- now we have litigation. what this take title provision is be- mittee reported the bill in the first If we pass this bill, we are in danger cause that is probably not understood place. It was the core reason I thought of setting another deadline or another well by a lot of folks who have not it was important for us to go ahead and series of deadlines which this time the spent a lot of time on this subject. pass the legislation. Department says they cannot meet—of The Federal Government, particu- The new substitute still does pre- course, prompting a lot of new litiga- larly the Department of Energy, was serve the Department of Energy’s au- tion as a result of that. So it holds the obligated to actually take delivery of thority to settle lawsuits arising from Government and the taxpayers liable if this nuclear waste that had been devel- its failure to meet its contractual obli- the Department of Energy misses those oped at these nuclear powerplants gations to begin accepting this waste deadlines. around the country by January 31, 1998. in 1998, by reducing the fees they pay There are also some broader issues We had written that into the law. We or providing other forms of financial affecting the program we have been un- said that is an obligation, the Depart- relief. That is still in the bill. But the able to address in this bill that I think ment of Energy has to do it, and the Department already has that author- are important to consider. One example Department of Energy entered into ity. We did not need to legislate that is Northern States Power’s problem. contracts with the various utilities authority again. I think it is clear to This gets a little bit arcane, but I do around the country. anybody who will study it for a little not think too arcane. The map is not up right now, but bit, it is not an objectionable part of Under Minnesota law, Northern every place you saw a dot on that map, the bill but it is an unnecessary part of States Power will have to shut down there is a utility, and they have en- the bill. the Prairie Island nuclear powerplant tered into contracts with the Depart- What the Department lacks, and in January of 2007 if the Department of ment of Energy where the Department what we were trying to provide in the Energy has not picked up Prairie Is- of Energy says: We will accept your legislation, and what would benefit the land’s waste by that date. That is Min- waste at a particular time, and we will country, the taxpayers, the utilities— nesota law I just paraphrased for you. move it to a permanent repository. particularly the taxpayers, because the The manager’s substitute could require

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S533 the Department to enter into a while the Senator from New Mexico is conducted by the General Accounting ‘‘backup’’ storage contract with North- on the floor, I would appreciate it. Office. That report stated: ern States Power to take the Prairie Mr. MURKOWSKI. Go ahead. No significant accident—one resulting in Island waste to Yucca Mountain so Mr. REID. I thank the Senator. fuel degradation—has ever occurred. that Prairie Island can keep operating. While the Senator from New Mexico For an Office like GAO, that identi- The problem is, the Department of En- is here, I want to say I personally ap- fies and publicizes problems with gov- ergy will not be able to honor that con- preciate his hours of time, and the tens ernment programs, that’s a pretty im- tract by January of 2007, so the provi- of hours his staff has spent—probably pressive statement! sion does not prevent the reactor from hundreds of hours—on this legislation. Our nuclear powered ships have trav- shutting down. The truth is, we have I am grateful to the Senator for the eled over 117 million miles without se- put in a requirement that the Depart- work he has put into this legislation rious incidents. Further, the Navy has ment of Energy cannot meet. and for the fairness he has dem- commissioned 33 new reactors in the There are also funding problems be- onstrated to the chairman of the com- 1990s, that puts them ahead of civilian setting our nuclear waste program. As mittee and the Senators from Nevada. power by a score of 33 to zero. And I said yesterday, I think this is one of The fact that Senator BINGAMAN has Navy reactors have more than twice the most critical problems facing the done everything within his power to the operational hours of our civilian Yucca Mountain program. The sub- get satisfactory legislation passed systems. stitute does nothing to make the bal- should be spread throughout the The nuclear navy story is a great ances in the nuclear waste fund more RECORD. That does not mean the Sen- American success story, one that is readily available or even to make de- ators from Nevada would be happy with completely enabled by appropriate and ferred payments for waste generated it, perhaps, but I think he has tried to careful use of nuclear power. It’s con- before 1983, the so-called one-time fee work on something that would bring a tributed to the freedoms we so cherish. under current law available to the pro- general consensus in this Senate and Nuclear energy is another great gram. I believe this latter provision would satisfy the administration. American success story. It now sup- would not score under our budget rules The Senator worked very hard to do plies about 20 percent of our nation’s since it is currently outside the 10-year that, and I commend and applaud his electricity, it is not a supply that we scoring window. That is pretty arcane, legislative abilities and constant fair- can afford to lose. It’s done it without but it is an important provision. ness in this regard, keeping us in- release of greenhouse gases, with a su- By dropping the take title provision formed, keeping the majority in- perlative safety record over the last and by failing to make this simple formed. I think it bodes well for the decade. The efficiency of nuclear plants budget adjustment, in my view, the Senate to have the Senator as the has risen consistently and their oper- manager’s substitute fails to capture ranking member and, hopefully, in the ating costs are among the lowest of all and apply this important source of not-too-distant future, chairman of energy sources. funds to the program when it is ur- this very important committee. I have repeatedly emphasized that gently needed. The PRESIDING OFFICER. The Sen- the United States must maintain nu- None of us is ever 100-percent satis- ator from Alaska. clear energy as a viable option for fu- fied with any vote we cast here in the Mr. MURKOWSKI. Mr. President, I ture energy requirements. And without Senate. We all have to compromise, to shall not further debate the issue some near-term waste solution, like in- give things away, to settle for less than today. terim storage or an early receipt facil- a perfect bill. Senator MURKOWSKI has Mr. DOMENICI. Mr. President, I rise ity, we are killing this option. We may certainly shown his willingness to do to compliment Senator MURKOWSKI’s be depriving future generations of a re- that. I, too, believe I have done that leadership on the Nuclear Waste Policy liable power source that they may des- and shown my willingness to make Amendments Act. I appreciate his ef- perately need. concessions on key issues—issues such forts to enable progress on the Nation’s There is no excuse for the years that as funding, on capping the nuclear need for concrete action on spent nu- the issue of nuclear waste has been waste fee, on potentially shifting the clear fuel. with us. Near-term credible solutions funding burden to taxpayers, conveying I find it amazing how fear of any- are not technically difficult. We abso- 76,000 acres of Federal lands to Nevada thing in this country with ‘‘nuclear’’ in lutely must progress towards early re- localities. These are all things in the its title, like ‘‘nuclear waste,’’ seems ceipt of spent fuel at a central loca- bill that I have not thought were really to paralyze our ability to act deci- tion, at least faster than the 2010 esti- appropriate, but I am certainly willing sively. Nuclear issues are immediately mates for opening Yucca Mountain to compromise on them in order to faced with immense political chal- that we now face or risk losing nuclear reach agreement. lenges. power in this country. But as I look at the new amended bill There are many great examples of Senator MURKOWSKI’s bill is a signifi- on which we are going to vote tomor- how nuclear technologies impact our cant step toward breaking the deadlock row, and I try to weigh it in relation to daily lives. Yet few of our citizens which continues to threaten the future the Nation and the taxpayers—what know enough about the benefits we’ve of nuclear energy in the U.S. I appre- the Nation and the taxpayers of the gained from harnessing the nucleus to ciate that he made some very tough de- country are getting versus what they support actions focused on reducing cisions in crafting this bill that blends are giving up—I find that the balance the remaining risks. ideas from many sources to seek com- that is required for me to support the Just one example that should be bet- end result is not there. Legislators, as promise in this difficult area. ter understood and appreciated in- One concession involves tying the doctors, need to obey the rule: First do volves our nuclear navy. Their experi- issuance of a license for the ‘‘early re- no harm. When I look at the substitute ence has important lessons for better ceipt facility’’ to construction author- on which we are going to vote tomor- understanding of these technologies. ization for the permanent repository. row, to my mind, it does more harm The Nautilus, our first nuclear pow- I’d much prefer that we simply moved than good. Unfortunately, as a result, I ered submarine, was launched in 1954. will be compelled to vote against it. ahead with interim storage. An interim Mr. President, I yield the floor. Since then, the Navy has launched over storage facility can proceed on its own Several Senators addressed the 200 nuclear powered ships, and about 85 merits, quite independent of decisions Chair. are currently in operation. Recently, surrounding a permanent repository. The PRESIDING OFFICER. The Sen- the Navy was operating slightly over Such an interim storage facility could ator from Alaska. 100 reactors, about the same number as be operational well before the ‘‘early Mr. MURKOWSKI. Mr. President, on those operating in civilian power sta- receipt facility’’ authorized in this Act. behalf of the leader, in order to at- tions across the country. There are absolutely no technical tempt to advance the process, for the The Navy’s safety record is exem- issues associated with interim storage benefit of everybody—— plary. Our nuclear ships are welcomed in dry casks, other countries certainly Mr. REID. If the Senator would with- into over 150 ports in over 50 countries. use it. Nevertheless, in the interests of hold for me to make a brief statement, A 1999 review of their safety record was seeking a compromise on this issue, I

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S534 CONGRESSIONAL RECORD — SENATE February 9, 2000 will support this Act’s approach with pand its current contribution to our The PRESIDING OFFICER. Without the early receipt facility. nation’s power grid. In any case, this objection, it is so ordered. I appreciate that Senator MURKOWSKI research will provide the framework to Mr. FEINGOLD. Mr. President, dur- has included Title III in the new bill guide Congress in these future deci- ing today’s debate on the nuclear waste with my proposal to create a new DOE sions. legislation, I want to take my first op- Office of Spent Nuclear Fuel Research. I want to specifically discuss one of portunity to Call the Bankroll in the This new Office would organize a re- the compromises that Senator MUR- new year. search program to explore new, im- KOWSKI has developed in his Manager’s As we all know, nuclear waste has proved national strategies for spent nu- Amendment. In my view, his largest been a very contentious issue in past clear fuel. compromise involves the choice be- years. Spent fuel has immense energy po- tween the Environmental Protection I’m not here today to recap the argu- tential—that we are simply tossing Agency or the Nuclear Regulatory ments on either side, but instead to away with our focus only on a perma- Commission to set the radiation-pro- offer the public and my colleagues a nent repository. We could be recycling tection standards for Yucca Mountain picture of the money that has been that spent fuel back into civilian fuel and for the ‘‘early release facility.’’ spent by interests on both sides of the and extracting additional energy. We The NRC has the technical expertise issue. could follow the examples of France, to set these standards. Furthermore, Of course the Nuclear Energy Insti- the U.K., and Japan in reprocessing the the NRC is a non-political organiza- tute is the chief lobbyist on behalf of fuel to not only extract more energy, tion, in sharp contrast to the political companies that operate nuclear power but also to reduce the volume and tox- nature of the EPA. We need unbiased plants in the U.S., and has led the fight icity of the final waste forms. technical knowledge in setting these for the nuclear waste legislation, in its Now I am well aware that reprocess- standards, there should be no place for various forms, that is now before us. NEI gave more than $135,000 in soft ing is not viewed as economically de- politics at all. The EPA has proposed a money to the parties and more than sirable now, because of today’s very draft standard already, that has been $70,000 in PAC money to candidates in low uranium prices. Furthermore, it widely criticized for its inconsistency the 1998 election cycle. must only be done with careful atten- and lack of scientific rigor—events that do not enhance their credibility In addition to NEI, a number of utili- tion to proliferation issues. But I sub- ties which operate nuclear plants were mit that the U.S. should be prepared for this role. I appreciate, however, the care that also significant PAC and soft money for a future evaluation that may deter- donors in the ’98 cycle, including: mine that we are too hasty today to Senator MURKOWSKI has demonstrated in providing the ultimate authority to Commonwealth Edison, which gave treat this spent fuel as waste, and that $110,000 in soft money and more than instead we should have been viewing it the EPA. His new language requires both the NRC and the National Acad- $106,000 in PAC money, and Florida as an energy resource for future gen- Power and Light, which gave nearly erations. emy of Sciences to comment on the EPA’s draft standard. And he provides $300,000 in soft money to the parties We do not have the knowledge today and more than $182,000 in PAC money to make that decision. Title III estab- a period of time, until mid-2001, for the EPA to assess concerns with their to candidates. lishes a research program to evaluate Many of these donors didn’t waste options to provide real data for such a standard and issue a valid standard. These additions have the effect of any time before donating in the cur- future decision. providing a strong role for both the rent cycle either—NEI already reported This research program would have NRC and NAS to share their scientific donating more than $66,000 in soft other benefits. We may want to reduce knowledge with the EPA and help money, and Commonwealth Edison al- the toxicity of materials in any reposi- guide the EPA toward a credible stand- ready reported $90,000 in soft money do- tory to address public concerns. Or we ard. nations in 1999. may find we need another repository in The NRC should be complimented for On the other side of this fight is a co- the future, and want to incorporate ad- their courageous stand against the alition of environmental groups that vanced technologies into the final EPA in this issue. Their issuance of a has opposed this bill in its various waste products at that time. We could, scientifically appropriate standard forms, writing to members of the Sen- for example, decide that we want to stands in stark contrast to the first ef- ate last September to urge us to pro- maximize the storage potential of a fu- fort from the EPA. Thanks to the ac- tect our country and our environment ture repository, and that would require tions of the NRC, the EPA can be guid- by voting against the Nuclear Waste some treatment of the spent fuel before ed toward reasonable standards. Policy Amendments Act of 1999. final disposition. Certainly my preference is to have Among these groups is the Sierra Title III requires that a range of ad- the NRC issue the final standard. But I Club, which gave more than $236,000 in vanced approaches for spent fuel be appreciate the effort that Senator PAC money to candidates in the ’98 studied with the new Office of Spent MURKOWSKI has expended in seeking cycle, and Friends of the Earth, which Nuclear Fuel Research. As we do this, I compromise in this difficult area. gave just under $4,000 during that same will encourage the Department to seek By following the procedures in the period. international cooperation. I know, Manager’s Amendment, we can allow I also think it’s important here to based on personal contacts, that the EPA to set the final standard, guid- make a larger point that reaches well France, Russia, and Japan are eager to ed by the inputs from the NRC and beyond the nuclear waste debate—that join with us in an international study NAS. Thus, I will support the Man- interests can exercise their clout not of spent fuel options. ager’s Amendment. just through PAC and soft money dona- Title III requires that we focus on re- I thank Senator MURKOWSKI for his tions but through yet another loophole search programs that minimize pro- superb leadership in preparing this new in the law—phony issue ads. liferation and health risks from the act. We need to pass this Manager’s Now it is very difficult to determine spent fuel. And it requires that we Amendment with a veto-proof major- how much money is spent on phony study the economic implications of ity, to ensure that we finally attain issue ads. They are not reported under each technology. some movement in the nation’s ability current law, and they should be. None- With Title III, the United States will to deal with high level nuclear waste. theless, some estimates have been be prepared, some years in the future, f made by news organizations and inde- to make the most intelligent decision pendent analysts. The Sierra Club regarding the future of nuclear energy MORNING BUSINESS spent an estimated $1.5 million on issue as one of our major power sources. Mr. MURKOWSKI. Mr. President, I ads in the ’98 election cycle, and the Maybe at that time, we’ll have other now ask unanimous consent that there Nuclear Energy Institute reportedly better energy alternatives and decide be a period for the transaction of rou- spent $600,000 on issue ads in just two that we can move away from nuclear tine morning business with Senators Senate races in the last cycle. power. Or we may find that we need nu- permitted to speak for up to 10 minutes Now I can’t say that even this is a clear energy to continue and even ex- each. complete picture of all the interests

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S535 lobbying on this bill, but it does give One year ago, February 8, 1999, the semiannual report is submitted as re- my colleagues and the public some idea Federal debt stood at $5,585,153,000,000 quired by law pursuant to the deter- of what interests are trying to influ- (Five trillion, five hundred eighty-five mination of December 5, 1997. ence the passage—or the defeat—of this billion, one hundred fifty-three mil- WILLIAM J. CLINTON. bill, and a picture of the huge sums of lion). THE WHITE HOUSE, February 9, 2000. money they are using to pursue their Five years ago, February 8, 1995, the f goals. Federal debt stood at $4,805,605,000,000 REPORT TO THE CONGRESS ON f (Four trillion, eight hundred five bil- THREE RESCISSIONS OF BUDGET RECOGNITION OF SEATTLE’S LAW lion, six hundred five million). AUTHORITY—MESSAGE FROM ENFORCEMENT OFFICERS Ten years ago, February 8, 1990, the THE PRESIDENT—PM 86 Federal debt stood at $2,984,058,000,000 Mr. GORTON. Mr. President, as many (Two trillion, nine hundred eighty-four The PRESIDING OFFICER laid be- of my colleagues know, I had the pleas- billion, fifty-eight million). fore the Senate the following message ure—or displeasure—of being in Seattle Fifteen years ago, February 8, 1985, from the President of the United during the now infamous World Trade the Federal debt stood at States, together with an accompanying report; which was referred jointly, pur- Organization meeting last fall, shortly $1,679,171,000,000 (One trillion, six hun- suant to the order of January 30, 1975, after Congress adjourned for the year. dred seventy-nine billion, one hundred to the Committees on the Budget, Ap- The images broadcast via the airwaves seventy-one million) which reflects a portrayed a negative image of Seattle propriations, Energy and Natural Re- debt increase of more than $4 trillion— and a narrow view of the debate in this sources, and Banking, Housing, and $4,015,440,209,189.87 (Four trillion, fif- country surrounding free trade. The Urban Affairs. teen billion, four hundred forty mil- spectacle of the ‘‘Battle in Seattle’’ lion, two hundred nine thousand, one To the Congress of the United States: that most of us saw on the evening hundred eighty-nine dollars and In accordance with the Congressional news also did not accurately represent eighty-seven cents) during the past 15 Budget and Impoundment Control Act the full experience that law enforce- years. of 1974, I herewith report three rescis- ment officers on the street endured. sions of budget authority, totaling $128 f These officers suffered through appall- million, and two deferrals of budget au- ing work conditions largely attrib- MESSAGES FROM THE PRESIDENT thority, totaling $1.6 million. utable to poor planning by public offi- Messages from the President of the The proposed rescissions affect the cials responsible for such preparation. United States were communicated to programs of the Department of Energy In spite of these conditions, the inci- the Senate by Mr. Williams, one of his and the Department of Housing and dents of confrontation and violence secretaries. Urban Development. The proposed de- were kept to a surprising minimum. ferrals affect programs of the Depart- EXECUTIVE MESSAGES REFERRED These fine men and women in law en- ment of State and International Assist- forcement deserve recognition for their As in executive session the Presiding ance Programs. Officer laid before the Senate messages vigilance, their restraint, and their WILLIAM J. CLINTON. dedication. from the President of the United THE WHITE HOUSE, February 9, 2000. States submitting a treaty and sundry Officers, wearing 60–70 pounds of tear f gas drenched equipment, were forced to nominations which were referred to the stand the line with minimal rest, no appropriate committees. MESSAGES FROM THE HOUSE bathroom facilities, and little food—for (The nominations received today are At 10:34 a.m., a message from the shifts of 16 to 17 hours. Given the fact printed at the end of the Senate pro- House of Representatives, delivered by that officers endured a continual bar- ceedings.) Ms. Niland, one of its reading clerks, rage of insults and projectiles from f announced that the House has agreed out-of-control protestors, I am sur- to the amendment of the Senate to the prised that there were not more in- REPORT TO THE CONGRESS CON- bill (H.R. 1451) to establish the Abra- stances where frustration and exhaus- CERNING EMIGRATION LAWS ham Lincoln Bicentennial Commission tion temporarily superceded discipline AND POLICIES OF ALBANIA— Act. and training. It is a credit to the men MESSAGE FROM THE PRESI- The message also announced that the and women of the Seattle Police De- DENT—PM 85 House has passed the following bill, partment, the King County Sheriff’s The PRESIDING OFFICER laid be- without amendment: Office, the Washington State Patrol, fore the Senate the following message S. 632. An act to provide assistance for poi- and the many officers from other local- from the President of the United son prevention and to stabilize the funding ities, that their restraint kept a bad States, together with an accompanying of regional poison control centers. situation from becoming much, much report; which was referred to the Com- The message further announced that worse. mittee on Finance. pursuant to section 702(b) of the Intel- As with any confrontational event ligence Authorization Act for Fiscal involving thousands of people, mis- To the Congress of the United States: Year 2000 (Public Law 106–120), the Mi- takes were made by both sides. It is I am submitting an updated report to nority Leader has appointed the fol- clear, however, that the law enforce- the Congress concerning the emigra- lowing member to the National Com- ment officers involved with the WTO in tion laws and policies of Albania. The mission for the Review of the National Seattle overwhelmingly exhibited pro- report indicates continued Albanian Reconnaissance Office: Mr. Tony Beil- fessionalism and conduct above and be- compliance with U.S. and international enson of Maryland. yond the call of duty—for that they standards in the area of emigration. In The message also announced that should be commended. To the officers fact, Albania has imposed no emigra- pursuant to 28 U.S.C. 629(b) the Speak- who, against great odds, did everything tion restrictions, including exit visa re- er has reappointed the following mem- they could to preserve peace and order, quirements, on its population since ber on the part of the House to the I offer my sincere thanks. 1991. Board of the Federal Judicial Center On December 5, 1997, I determined f for a 5-year term: Ms. Laurie E. Mi- and reported to the Congress that Al- chael of Virginia. THE VERY BAD DEBT BOXSCORE bania was not in violation of para- The message further announced that Mr. HELMS. Mr. President, at the graphs (1), (2), or (3) of subsections pursuant to section 112 of the Clean Air close of business yesterday, Tuesday, 402(a) of the Trade Act of 1974 or para- Act (42 U.S.C. 7412) the Speaker has ap- February 8, 2000, the Federal debt stood graphs (1), (2), or (3) of subsection 409(a) pointed the following member on the at $5,694,611,209,189.87 (Five trillion, six of that Act. That action allowed for part of the House to the board of Direc- hundred ninety-four billion, six hun- the continuation of normal trade rela- tors of the National Urban Air Toxics dred eleven million, two hundred nine tions (NTR) status for Albania and cer- Research Center to fill the existing va- thousand, one hundred eighty-nine dol- tain other activities without the re- cancy thereon: Mr. Thomas F. Burks II lars and eighty-seven cents). quirement of an annual waiver. This of Texas.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S536 CONGRESSIONAL RECORD — SENATE February 9, 2000 The message also announced that the Committee on Environment and Public EC–7460. A communication from the Chief, House has agreed to the following reso- Works. Office of Regulations and Administrative lution: EC–7451. A communication from the Direc- Law, U.S. Coast Guard, Department of tor, Office of Regulatory Management and Transportation, transmitting, pursuant to H. Res. 338. Resolution stating that the Information, Office of Policy, Planning and law, the report of a rule entitled ‘‘Frequency House has learned with profound sorrow of Evaluation, Environmental Protection Agen- of Inspection (USCG–1999–4976)’’ (RIN2115– the death of the Honorable Carl B. Albert, cy, transmitting, the report of a rule enti- AF73) (2000–0001), received February 7, 2000; former Member of the House of Representa- tled ‘‘Uniform Administrative Requirements to the Committee on Commerce, Science, tives for the Ninety-second, Ninety-third, for Grants and Agreements with Institutions and Transportation. and Ninety-fourth Congresses. of Higher Education, Hospitals, and Other EC¥7461. A communication from the Chief, ENROLLED BILL SIGNED Non-Profit Organizations’’, received Feb- International and General Law, Maritime At 1:20 p.m., a message from the ruary 8, 2000; to the Committee on Environ- Administration, Department of Transpor- House of Representatives, delivered by ment and Public Works. tation transmitting, pursuant to law, the re- Ms. Niland, one of its reading clerks, EC–7452. A communication from the Direc- port of a rule entitled ‘‘Administrative Waiv- ers of the Coastwise Trade Laws for Eligible announced that the Speaker has signed tor, Office of Regulatory Management and Information, Office of Policy, Planning and Vessels’’ (RIN2133–AB39), received February the following enrolled bill: Evaluation, Environmental Protection Agen- 7, 2000; to the Committee on Commerce, H.R. 2130. An act to amend the Controlled cy, transmitting, the report of a rule enti- Science, and Transportation. Substances Act to direct the emergency tled ‘‘Guidance for Utilization of Small, Mi- EC–7462. A communication from the Assist- scheduling of gamma hydroxybutyric acid, nority, and Women’s Business Enterprises ant Administrator for Fisheries, Office of to provide for a national awareness cam- Under Assistance Agreements’’, received Sustainable Fisheries, National Marine Fish- paign, and for other purposes. February 8, 2000; to the Committee on Envi- eries Service, Department of Commerce, The enrolled bill was signed subse- ronment and Public Works. transmitting, pursuant to law, the report of a rule entitled ‘‘Interim: Red Snapper Man- quently by the President pro tempore EC–7453. A communication from the Direc- tor, Office of Regulatory Management and agement Measures; Reef Fish of the Gulf of (Mr. THURMOND). Information, Office of Policy, Planning and Mexico, Fisheries of the Caribbean, Gulf of f Evaluation, Environmental Protection Agen- Mexico, and South Atlantic’’ (RIN0648– cy, transmitting, the report of a rule enti- AN41), received February 7, 2000; to the Com- EXECUTIVE AND OTHER mittee on Commerce, Science, and Transpor- COMMUNICATIONS tled ‘‘Notice of Availability Compliance Measurement Cooperative Agreements’’, re- tation. The following communications were ceived February 8, 2000; to the Committee on EC–7463. A communication from the Pro- laid before the Senate, together with Environment and Public Works. gram Analyst, Office of the Chief Counsel, EC–7454. A communication from the Direc- Federal Aviation Administration, Depart- accompanying papers, reports, and doc- ment of Transportation, transmitting, pur- uments, which were referred as indi- tor, Office of Regulatory Management and Information, Office of Policy, Planning and suant to law, the report of a rule entitled cated: Evaluation, Environmental Protection Agen- ‘‘Special Flight Rules in the Vicinity of EC–7445. A communication from the Archi- cy, transmitting, pursuant to law, a report Grand Canyon National Park (2–3/2–3)’’ tect of the Capitol, transmitting, pursuant entitled ‘‘Final Enforcement Response Pol- (RIN2120–AG97), received February 3, 2000; to to law, the report of all expenditures during icy for Sections 304, 311, and 312 of EPCRA, the Committee on Commerce, Science, and the period April 1, 1999 through September and Section 103 of CERCLA’’; to the Com- Transportation. EC–7464. A communication from the Pro- 30, 1999; to the Committee on Appropriations. mittee on Environment and Public Works. EC–7446. A communication from the Assist- EC–7455. A communication from the Direc- gram Analyst, Office of the Chief Counsel, ant General Counsel for Regulations, Depart- tor, Office of Regulatory Management and Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- ment of Housing and Urban Development, Information, Office of Policy, Planning and suant to law, the report of a rule entitled transmitting, pursuant to law, the report of Evaluation, Environmental Protection Agen- ‘‘Reduced Vertical Separation Minimum (2–7/ a rule entitled ‘‘Home Equity Conversion cy, transmitting, pursuant to law, a report 2–3)’’ (RIN2120–AG82), received February 3, Mortgage Insurance; Right of First Refusal entitled ‘‘2000 Storm Water Enforcement 2000; to the Committee on Commerce, Permitted for Condominium Associations’’ Strategy Update’’; to the Committee on En- (RIN2502–AG93) (FR–4267–F–02), received Feb- Science, and Transportation. vironment and Public Works. EC–7465. A communication from the Pro- ruary 8, 2000; to the Committee on Banking, EC–7456. A communication from the Acting gram Analyst, Office of the Chief Counsel, Housing, and Urban Affairs. Director, Fish and Wildlife Service, Depart- Federal Aviation Administration, Depart- EC–7447. A communication from the Chief, ment of the Interior transmitting, pursuant ment of Transportation, transmitting, pur- Regulations Unit, Internal Revenue Service, to law, the report of a rule entitled ‘‘Endan- suant to law, the report of a rule entitled Department of the Treasury, transmitting, gered and Threatened Wildlife and Plants: ‘‘Standard Instrument Approach Procedures; pursuant to law, the report of a rule entitled Determination of Endangered Status for Miscellaneous Amendments (40); Amdt. No. ‘‘10 BLS–LIFO Department Store Indexes-De- ‘Sidalcea keckii’ (Keck’s checker-mallow) 1960’’ (RIN2120–AA65) (1999–0056), received No- cember 1999’’ (Rev. Rul. 2000–10), received from Fresno and Tulare Counties, CA’’ vember 22, 1999; to the Committee on Com- February 8, 2000; to the Committee on Fi- (RIN1018–AE30), received February 8, 2000; to merce, Science, and Transportation. nance. the Committee on Environment and Public EC–7466. A communication from the Pro- EC–7448. A communication from the Con- Works. gram Analyst, Office of the Chief Counsel, gressional Review Coordinator, Regulatory EC–7457. A communication from the Direc- Federal Aviation Administration, Depart- Analysis and Development, Policy and Pro- tor, Office of Regulatory Management and ment of Transportation, transmitting, pur- gram Development, Animal and Health In- Information, Office of Policy, Planning and suant to law, the report of a rule entitled spection Service, Department of Agriculture, Evaluation, Environmental Protection Agen- ‘‘Standard Instrument Approach Procedures; transmitting, pursuant to law, the report of cy, transmitting, pursuant to law, a report Miscellaneous Amendments (30); Amdt. No. a rule entitled ‘‘Gypsy Moth Generally In- entitled ‘‘Limited Request for Pre-Proposals; 1970 (2–2/2–3)’’ (RIN2120–AA65) (2000–0004), re- fested Areas’’ (Docket # 99–042–2), received Pilot Projects on Improved Drinking Water ceived February 3, 2000; to the Committee on February 8, 2000; to the Committee on Agri- Management and Source Protection in Hon- Commerce, Science, and Transportation. culture, Nutrition, and Forestry. duras’’; to the Committee on Environment EC–7467. A communication from the Pro- EC–7449. A communication from the Direc- and Public Works. gram Analyst, Office of the Chief Counsel, tor, Office of Regulatory Management and EC–7458. A communication from the Chief, Federal Aviation Administration, Depart- Information, Office of Policy, Planning and Office of Regulations and Administrative ment of Transportation, transmitting, pur- Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of suant to law, the report of a rule entitled cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to ‘‘Standard Instrument Approach Procedures; of a rule entitled ‘‘Approval and Promulga- law, the report of a rule entitled ‘‘Draw- Miscellaneous Amendments (84); Amdt. No. tion of Implementation Plans State: Ap- bridge Regulations; Chelsea River, MA 1971 (2–2/2–3)’’ (RIN2120–AA65) (2000–0006), re- proval of Kentucky State Implementation (CGD01–00–0001)’’ (RIN2115–AE47) (2000–0009), ceived February 3, 2000; to the Committee on Plan’’ (FRL # 6533–2), received February 8, received February 7, 2000; to the Committee Commerce, Science, and Transportation. 2000; to the Committee on Environment and on Commerce, Science, and Transportation. EC–7468. A communication from the Pro- Public Works. EC–7459. A communication from the Chief, gram Analyst, Federal Aviation Administra- EC–7450. A communication from the Direc- Office of Regulations and Administrative tion, Department of Transportation, trans- tor, Office of Regulatory Management and Law, U.S. Coast Guard, Department of mitting, pursuant to law, the report of a rule Information, Office of Policy, Planning and Transportation, transmitting, pursuant to entitled ‘‘Standard Instrument Approach Evaluation, Environmental Protection Agen- law, the report of a rule entitled ‘‘Draw- Procedures; Miscellaneous Amendments (96); cy, transmitting, the report of a rule enti- bridge Regulations; Reserved Channel, MA Amdt. No. 1972 (2–2/2–3)’’ (RIN2120–AA65) tled ‘‘Extending Operating Permits Program (CGD01–00–003)’’ (RIN2115–AE47) (2000–0010), (2000–0005), received February 3, 2000; to the Interim Approval Expiration Dates’’ (FRL # received February 7, 2000; to the Committee Committee on Commerce, Science, and 6535–2), received February 8, 2000; to the on Commerce, Science, and Transportation. Transportation.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S537 EC–7469. A communication from the Pro- ruary 3, 2000; to the Committee on Com- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–7478. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model 767–100 Series Airplanes Equipped with entitled ‘‘Amendment to Class E Airspace; tion, Department of Transportation, trans- GE Model CF6–80C2 Series Engines; Docket Monticello, IA; Direct Final Rule; Request mitting, pursuant to law, the report of a rule No. 98–NM–231’’ (RIN2120–AA64) (2000–0066), for Comments; Docket No. 00–ACE–5 (2–7/2– entitled ‘‘Amendment to Class E Airspace; received February 7, 2000; to the Committee 7)’’ (RIN2120–AA66) (2000–0021), received Feb- Garrison, ND; Docket No. 99–AGL–51 (2–2/2– on Commerce, Science, and Transportation. ruary 7, 2000; to the Committee on Com- 3)’’ (RIN2120–AA66) (2000–0019), received Feb- EC–7488. A communication from the Pro- merce, Science, and Transportation. ruary 3, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- EC–7470. A communication from the Pro- merce, Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–7479. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model 737–100, –200, –300, –400, and –500 Series entitled ‘‘Amendment to Class E Airspace; mitting, pursuant to law, the report of a rule Airplanes; Docket No. 97–NM–133 (2–3/2–7)’’ Creston, IA; Direct Final Rule; Request for entitled ‘‘Modification to Class E Airspace; (RIN2120–AA64) (2000–0068), received February Comments; Docket No. 00–ACE–1 (2–7/2–7)’’ Bemidji, MN; Docket No. 99–AGL–5 (2–2/2– 7, 2000; to the Committee on Commerce, (RIN2120–AA66) (2000–0022), received February 37)’’ (RIN2120–AA66) (2000–0018), received Feb- Science, and Transportation. 7, 2000; to the Committee on Commerce, ruary 3, 2000; to the Committee on Com- EC–7489. A communication from the Pro- Science, and Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–7471. A communication from the Pro- EC–7480. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Model 747 Series Airplanes; Docket No. 98– entitled ‘‘Remove Class D and Class E Air- entitled ‘‘Amendment to Class E Airspace; NM–282 (2–1/2–3)’’ (RIN2120–AA64) (2000–0055), space; Kansas City, Richards-Gebaur Air- Steubenville, OH; Docket No. 99–AGL–52 (2–2/ received February 3, 2000; to the Committee port, MO; Docket No. 00–ACE–4 (2–7/2–7)’’ 2–3)’’ (RIN2120–AA66) (2000–0017), received on Commerce, Science, and Transportation. (RIN2120–AA66) (2000–0023), received February February 7, 2000; to the Committee on Com- EC–7490. A communication from the Pro- 7, 2000; to the Committee on Commerce, merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Science, and Transportation. EC–7481. A communication from the Pro- tion, Department of Transportation, trans- EC–7472. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Model A300, A300–600, and A310 Series Air- mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; planes; Docket No. 99–NM–23 (2–7/2–7)’’ entitled ‘‘Amendment to Class E Airspace; Cooperstown, ND; Docket No. 99–AGL–5 (2–2/ (RIN2120–AA64) (2000–0060), received February Ord, NE; Direct Final Rule; Request for Com- 2–3)’’ (RIN2120–AA66) (2000–0016), received 7, 2000; to the Committee on Commerce, ments; Docket No. 00–ACE–2 (2–7/2–7)’’ February 3, 2000; to the Committee on Com- Science, and Transportation. (RIN2120–AA66) (2000–0024), received February merce, Science, and Transportation. EC–7491. A communication from the Pro- 7, 2000; to the Committee on Commerce, EC–7482. A communication from the Pro- gram Analyst, Federal Aviation Administra- Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–7473. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Amendment to Class E Airspace; Model A300 Series Airplanes; Docket No. mitting, pursuant to law, the report of a rule Norfolk, NE; Direct Final Rule: Confirma- 2000–NM–16 (2–7/2–7)’’ (RIN2120–AA64) (2000– entitled ‘‘Airspace Actions Amendment to tion of Effective Date: Docket No. 99–ACE–45 0061), received February 7, 2000; to the Com- Class E Airspace; Grand Island, NE; Direct (12–29/12–30)’’ (RIN2120–AA66) (1999–0412), re- mittee on Commerce, Science, and Transpor- Final Rule; Request for Comments; Docket ceived January 4, 2000; to the Committee on tation. No. 99–ACE–56 (2–7/2–7)’’ (RIN2120–AA66) Commerce, Science, and Transportation. EC–7492. A communication from the Pro- (2000–0026), received February 7, 2000; to the EC–7483. A communication from the Pro- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–7474. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing Model A319, A320, and A321 Series Airplanes; tion, Department of Transportation, trans- Model 747–100, and –200 Series Airplanes; Docket No. 99–NM–254 (2–7/2–7)’’ (RIN2120– mitting, pursuant to law, the report of a rule Docket No. 99–NM–88 (2–7/2–7)’’ (RIN2120– AA64) (2000–0062), received February 7, 2000; entitled ‘‘Amendment to Class E Airspace; AA64) (2000–0057), received February 7, 2000; to the Committee on Commerce, Science, O’Neill, NE ; Direct Final Rule; Request for to the Committee on Commerce, Science, and Transportation. Comments; Docket No. 99–CE–55 (2–7/2–7)’’ and Transportation. EC–7493. A communication from the Pro- (RIN2120–AA66) (2000–0027), received February EC–7484. A communication from the Pro- gram Analyst, Federal Aviation Administra- 7, 2000; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–7475. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing Model A300, A310, and A300–600 Series Air- tion, Department of Transportation, trans- Model 747 Series Airplanes; Docket No. 99– planes; Docket No. 99–NM–247 (2–4/2–7)’’ mitting, pursuant to law, the report of a rule NM–41’’ (RIN2120–AA64) (2000–0058), received (RIN2120–AA64) (2000–0069), received February entitled ‘‘Amendment to Class E Airspace; February 7, 2000; to the Committee on Com- 7, 2000; to the Committee on Commerce, Burlington, VT; Direct Final Rule; Request merce, Science, and Transportation. Science, and Transportation. for Comments; Docket No. 99–ANE–94 (2–7/2– EC–7485. A communication from the Pro- EC–7494. A communication from the Pro- 7)’’ (RIN2120–AA66) (2000–0028), received Feb- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ruary 7, 2000; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–7476. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; McDon- gram Analyst, Federal Aviation Administra- Model 747–400 Series Airplanes Equipped with nell Douglas Model DC–9, DC–9–80, and C–9 tion, Department of Transportation, trans- GE CF6–80C2 Series Engines; Docket No. 98– Series Airplanes and Model MD–88 Airplanes; mitting, pursuant to law, the report of a rule NM–252 (2–7/2–7)’’ (RIN2120–AA64) (2000–0059), Docket No. 98–NM–381 (2–3/2–3)’’ (RIN2120– entitled ‘‘Amendment to Class E Airspace; received February 7, 2000; to the Committee AA64) (2000–0063), received February 7, 2000; Burlington, VT; Direct Final Rule; Request on Commerce, Science, and Transportation. to the Committee on Commerce, Science, for Comments; Docket No. 99–ANE–93 (2–7/2– EC–7486. A communication from the Pro- and Transportation. 7)’’ (RIN2120–AA66) (2000–0029), received Feb- gram Analyst, Federal Aviation Administra- EC–7495. A communication from the Pro- ruary 7, 2000; to the Committee on Com- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–7477. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model 727 Series Airplanes; Docket No. 97– entitled ‘‘Airworthiness Directives; McDon- tion, Department of Transportation, trans- NM–323’’ (RIN2120–AA64) (2000–0067), received nell Douglas Model MD–11 Series Airplanes; mitting, pursuant to law, the report of a rule February 7, 2000; to the Committee on Com- Correction; Docket No. 99–NM–262 (2–2/2–3)’’ entitled ‘‘Amendment to Class E Airspace; merce, Science, and Transportation. (RIN2120–AA64) (2000–0050), received February Marquette, MI; Docket No. 99–AGL–42 (2–2/2– EC–7487. A communication from the Pro- 3, 2000; to the Committee on Commerce, 3)’’ (RIN2120–AA66) (2000–0020), received Feb- gram Analyst, Federal Aviation Administra- Science, and Transportation.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S538 CONGRESSIONAL RECORD — SENATE February 9, 2000 EXECUTIVE REPORTS OF to the Committee on Commerce, Science, terrorists who belong to violent Puerto COMMITTEES and Transportation. Rican independence groups called the By Mr. DODD (for himself, Mr. LIEBER- The following executive reports of FALN and Los Macheteros. They were MAN, Ms. SNOWE, Mr. JEFFORDS, Mr. in prison for a seditious conspiracy committees were submitted: LAUTENBERG, Mr. REED, and Mr. that included the planting of over 130 By Mr. SMITH (of New Hampshire) for the LEAHY): Committee on Environment and Public S. 2047. A bill to direct the Secretary of bombs in public places in the United Works. Energy to create a Heating Oil Reserve to be States, including shopping malls and Eric D. Eberhard, of Washington, to be a available for use when fuel oil prices in the restaurants. That bombing spree— Member of the Board of Trustees of the Mor- United States rise sharply because of anti- which killed several people, injured ris K. Udall Scholarship & Excellence in Na- competitive activity, during a fuel oil short- many others and caused vast property tional Environmental Policy Foundation for age, or during periods of extreme winter damage—remains the most prolific ter- a term expiring October 6, 2002. weather; to the Committee on Energy and rorist campaign within our borders in W. Michael McCabe, of Pennsylvania, to be Natural Resources. United States history. Deputy Administrator of the Environmental By Mr. HATCH (for himself and Mr. The Judiciary Committee has thor- Protection Agency. BENNETT): oughly investigated the facts and cir- (The above nominations were re- S. 2048. A bill to establish the San Rafael cumstances surrounding the decision ported with the recommendation that Western Legacy District in the State of to release those terrorists from prison. they be confirmed subject to the nomi- Utah, and for other purposes; to the Com- mittee on Energy and Natural Resources. We read thousands of documents pro- nees’ commitment to respond to re- By Mr. BIDEN: duced by the Department of Justice quests to appear and testify before any S. 2049. A bill to extend the authorization and the White House. We interviewed duly constituted committee of the Sen- for the Violent Crime Reduction Trust Fund; law enforcement officials knowledge- ate.) to the Committee on the Judiciary. able about the FALN and Los f By Mr. REID (for himself, Mr. BRYAN, Mr. TORRICELLI, and Mr. BAUCUS): Macheteros organizations. We spoke to REPORTS OF COMMITTEES S. 2050. A bill to establish a panel to inves- victims, and we held two hearings on The following reports of committees tigate illegal gambling on college sports and the many issues raised by the grant of were submitted: to recommend effective countermeasures to clemency. Our investigation has led me combat this serious national problem; to the By Mr. SMITH, of New Hampshire, from to a very troubling conclusion: the Jus- Committee on the Judiciary. the Committee on Environment and Public tice Department ignored its own rules Works, without amendment: f for handling clemency matters, exer- S. 1794. A bill to designate the Federal cised very poor judgment in ignoring courthouse at 145 East Simpson Avenue in SUBMISSION OF CONCURRENT AND the opinions of law enforcement and Jackson, Wyoming, as the ‘‘Clifford P. Han- SENATE RESOLUTIONS victims, and sacrificed its integrity by sen Federal Courthouse.’’ The following concurrent resolutions bowing to political pressure to modify f and Senate resolutions were read, and its original recommendation against INTRODUCTION OF BILLS AND referred (or acted upon), as indicated: clemency. JOINT RESOLUTIONS By Mr. DURBIN (for himself and Mr. I do not come to this conclusion FITZGERALD): lightly. I base it on an examination of The following bills and joint resolu- S. Res. 255. A resolution recognizing and the facts. The facts show that the tions were introduced, read the first honoring Bob Collins, and expressing the clemency recipients were never asked time and second time by unanimous condolences of the Senate to his family on for information relevant to open inves- consent, and referred as indicated: his death; considered and agreed to. tigations or the apprehension of fugi- By Mr. HATCH (for himself, Mr. NICK- f tives—despite the fact that one of their LES, Mr. LOTT, Mr. ABRAHAM, Mr. co-defendants, Victor Gerena, is on the THURMOND, Mr. KYL, Mr. ASHCROFT, STATEMENTS ON INTRODUCED Mr. SESSIONS, Mr. SMITH OF NEW BILLS AND JOINT RESOLUTIONS FBI’s ‘‘ten most wanted’’ list. Many of HAMPSHIRE, and Mr. COVERDELL): the killings associated with the FALN S. 2042. A bill to reform the process by By Mr. HATCH (for himself, Mr. bombings, including the infamous which the Office of the Pardon Attorney in- NICKLES, Mr. LOTT, Mr. ABRA- Fraunces Tavern bombing, remain un- vestigates and reviews potential exercises of HAM, Mr. THURMOND, Mr. KYL, solved. The failure to ask for such in- executive clemency; to the Committee on Mr. ASHCROFT, Mr. SESSIONS, formation from the clemency recipi- the Judiciary. Mr. SMITH of New Hampshire, ents, several of whom held leadership By Mrs. FEINSTEIN (for herself and and Mr. COVERDELL): positions in the FALN, means that the Mrs. BOXER): S. 2042. A bill to reform the process S. 2043. A bill to designate the United rest of the perpetrators of those crimes States Post Office building located at 3101 by which the Office of the Pardon At- may never be brought to justice. My West Sunflower Avenue in Santa Ana, Cali- torney investigates and reviews poten- legislation will require the Justice De- fornia, as the ‘‘Hector G. Godinez Post Office tial exercises of executive clemency; to partment to notify law enforcement of Building’’; to the Committee on Govern- the Committee on the Judiciary. pending clemency requests, and to as- mental Affairs. THE PARDON ATTORNEY REFORM AND INTEGRITY sess whether a proposed clemency re- By Mr. CAMPBELL: ACT cipient could have information on open S. 2044. A bill to allow postal patrons to Mr. HATCH. Mr. President, today I contribute to funding for domestic violence investigations and fugitives. programs through the voluntary purchase of am introducing a bill that will help re- Our investigation also revealed that specially issued postage stamps; to the Com- store public confidence in the Depart- the White House and the Justice De- mittee on Governmental Affairs. ment of Justice by reforming the way partment ignored the many victims of By Mr. HATCH (for himself, Mr. ABRA- that the Office of Pardon Attorney in- FALN crimes, even while senior offi- HAM, Mr. GRAMM, Mr. GRAHAM, Mr. vestigates candidates for executive cials were holding numerous meetings LIEBERMAN, Mrs. FEINSTEIN, Mr. clemency. This bill, the Hatch-Nickles- with the terrorists’ advocates for clem- LOTT, Mr. NICKLES, Mr. MACK, Mr. Abraham Pardon Attorney Reform and ency. While top government officials SPECTER, Mr. DEWINE, Mr. MCCON- Integrity Act, which is co-sponsored by NELL, Mr. GORTON, Mr. HAGEL, Mr. actually gave strategic advice to the BENNETT, Mr. GRAMS, Mr. ASHCROFT, Senators LOTT, THURMOND, KYL, terrorists, no one lifted a finger to find, Mr. BROWNBACK, Mr. SMITH OF OR- ASHCROFT, SESSIONS, SMITH of New interview, or even notify the victims EGON, and Mr. WARNER): Hampshire, and COVERDELL, addresses about the pending clemency request. S. 2045. A bill to amend the Immigration the problems that led to the wide- My legislation would help ensure that and Nationality Act with respect to H–1B spread public outrage at the Depart- the Justice Department remembers nonimmigrant aliens; to the Committee on ment of Justice’s role in President who it is supposed to be working for by the Judiciary. Clinton’s decision last September to requiring it to notify and seek input By Mr. FRIST (for himself, Mr. ROCKE- release 11 Puerto Rican nationalist ter- FELLER, Mr. ROBERTS, Mr. BREAUX, from victims. and Mr. HOLLINGS): rorists from prison. Finally, a disturbing connection has S. 2046. A bill to reauthorize the Next Gen- The beneficiaries of President Clin- come to light between the FALN, Los eration Internet Act, and for other purposes; ton’s grant of clemency were convicted Macheteros and the Cuban government.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S539 Jorge Masetti, a former Cuban intel- and the Department have a track dons’’ within the Department of Jus- ligence agent, has stated that Cuba record of overstating executive power. tice in 1891, and appropriated money helped Los Macheteros to plan and exe- With that background, let me clarify for an ‘‘attorney in charge of pardons’’ cute the $7.1 million Wells Fargo rob- that the Pardon Attorney Reform and in that same year. To this day, the Of- bery—the biggest cash heist in US his- Integrity Act was carefully drafted to fice of the Pardon Attorney depends on tory—by providing funding, training avoid offending the separation of pow- funds appropriated annually by the and assistance in smuggling the money ers. The Act does not attempt to dic- Congress. In the most recent appropria- out of the country. Some sources esti- tate how the President uses the pardon tions legislation, the Congress appro- mate that 4 million dollars from the power. Far from it. The Constitution priated $1.6 million for the Pardon At- robbery ended up in Cuba. We don’t gives that power to the President, and torney for the fiscal year ending Sep- know whether the Pardon Attorney this bill does not restrict it in any way. tember 30, 2000. This Congressional in- knew of or told the President about This bill affects only those cases where volvement—creation and funding of the this Cuban connection because the Par- the President delegates the responsi- office—provides a compelling basis for don Attorney currently has no obliga- bility to investigate a particular poten- the Judiciary Committee’s investiga- tion to contact intelligence agencies tial grant of clemency. Nothing in the tion and the present legislation. for information relevant to proposed bill requires the President to ask the ‘‘The power of the Congress to con- grants of executive clemency. My legis- Pardon Attorney for assistance or re- duct investigations is inherent in the lation would require the Justice De- quires the Pardon Attorney to take legislative process. That power is partment to solicit from law enforce- any particular position or recommend broad. It encompasses inquiries con- ment and intelligence agencies nec- any particular outcome. It doesn’t even cerning the administration of existing essary information concerning the na- require the Department to submit a re- laws as well as proposed or possibly ture of the threat posed by potential port to the President, but simply make needed statutes.’’ Watkins v. United clemency recipients so that the Pardon it available. Furthermore, the bill does States, 354 U.S. 178, 187 (1957). The scope Attorney can properly advise the Presi- not require the President to read any of this power ‘‘‘is as penetrating and dent whether a particular grant of report, consider any particular infor- far-reaching as the potential power to clemency will impact future crime or mation, or avail himself of any re- enact and appropriate under the Con- stitution.’’’ Eastland v. United States terrorism. source. The President will still be able Servicemen’s Fund, 421 U.S. 491, 504 n. 15 Before describing how this bill works, to disregard the Justice Department’s (1975) (quoting Barenblatt v. United I want to explain how the Office of Par- reports, use another agency, ask any- States, 360 U.S. 190, 111 (1959)). The Su- don Attorney currently operates. The one in the world for advice, or exercise job of the Office of Pardon Attorney is preme Court has also recognized ‘‘the the ‘‘pardon power’’ without anyone’s danger to effective and honest conduct not complicated: it is to investigate counsel. Only if the President chooses potential grants of clemency and, in of the Government if the legislative to ask the Justice Department for as- power to probe corruption in the Exec- appropriate cases, to produce a report sistance will the procedural require- and recommendations to the President. utive Branch were unduly hampered.’’ ments of this bill apply—and they will Watkins, 354 U.S. at 194–95. Once having Ordinarily, this work begins when the apply only to the Justice Department, established its jurisdiction and author- office receives a petition from a pris- not to the President. ity, and the pertinence of the matter oner or someone who has already com- The Act is consistent with the Su- under inquiry to its area of authority, pleted a prison sentence. The Depart- preme Court’s opinions relating to the a committee’s investigative purview is ment’s rules require that an individual pardon power. The Act neither substantial and wide-ranging. seeking clemency submit such a peti- ‘‘change[s] the effect of . . . a pardon’’ Wilkinson v. United States, 365 U.S. 408– tion to the Pardon Attorney. After re- as described in United States v. Kline, 80 09 (1961). ceiving a petition, the Pardon Attor- U.S. (13 Wall.) 128 (1872), nor will it Congress also has broad powers under ney makes an initial determination of ‘‘modif[y], abridge[], or diminish[]’’ the the Constitution to ‘‘make all Laws whether the request has enough merit President’s authority to grant clem- which shall be necessary and proper for to warrant further investigation. If so, ency as discussed in Schick v. Reed, 419 carrying into Execution the foregoing the Pardon Attorney researches the po- U.S. 256, 266 (1974). In fact, the Act will Powers, and all other Powers vested by tential clemency recipient and pre- have no effect whatsoever on the Presi- this Constitution in the Government of pares a report analyzing the informa- dent’s ability to exercise the pardon the United States, or in any Depart- tion in light of the grounds for grant- power as he or she sees fit. ment of Officer thereof.’’ The areas in ing clemency. As described by the Moreover, the Supreme Court has which Congress may potentially legis- United States Attorneys’ Manual, recognized that Congress can legislate late or appropriate are, by necessary those grounds ‘‘have traditionally in- in areas that touch upon the pardon implication, even broader. Thus, in de- cluded disparity or undue severity of power. In Carlesi v. New York, 233 U.S. termining whether Congress has juris- sentence, critical illness or old age, 51 (1914), the Court found that it was diction to oversee and enact legisla- and meritorious service rendered to the within the power of the legislative tion, deference should be accorded to government by the petitioner.’’ branch to determine what effect a par- Congress’ decision. It is to be expected that the Adminis- don would have on future criminal sen- Because of this legal history, the ad- tration and the Department of Justice tences. The Supreme Court has also ac- ministration of the Department of Jus- Office of Legal Counsel (‘‘OLC’’) would knowledged that the pardon power has tice and its various components has question the constitutionality of this limits; the President cannot use that long been considered an appropriate bill by asserting an expansive view of power as an excuse to wield power over subject of Congressional oversight. executive power. That is their nature. departments that he or she otherwise Early this century, in McGrain v. This is the same Administration and could not. In Knote v. United States, 95 Daugherty, 273 U.S. 135, 151 (1927), the Department that resisted any over- U.S. 149 (1877), the Court held that the Supreme Court endorsed Congress’ au- sight of the FALN clemency decision. pardon power does not give the Presi- thority to study ‘‘charges of misfea- The OLC and the Department have a dent authority to order the treasury to sance and nonfeasance in the Depart- history of taking a liberal view of laws refund money taken from a prisoner— ment of Justice.’’ In that case, which and privileges that would shield the even though that prisoner had just involved a challenge to Congress’ in- President from scrutiny. This is evi- been pardoned for the crime that gave quiry into the DOJ’s role during the denced by the Department’s sound de- rise to the government’s seizure of that Teapot Dome scandal, the Court con- feats on assertions of government at- money. cluded that Congress had authority to torney-client privilege and its ill-fated It is Congress, not the President, investigate ‘‘whether [DOJ’s] functions attempt to create a protective function that has the authority—indeed, the re- were being properly discharged or were privilege out of whole cloth. Anyone sponsibility—to examine and legislate being neglected or misdirected, and examining the merits of the OLC’s at- the manner in which the Justice De- particularly whether the Attorney tacks against this bill, therefore, must partment performs its work. Congress General and his assistants were per- acknowledge that the Administration created an ‘‘attorney in charge of par- forming or neglecting their duties in

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S540 CONGRESSIONAL RECORD — SENATE February 9, 2000 respect of the institution.’’ Id. at 177. portant weakness of all: Regulations duct a clemency review—the victims of These precedents make clear that the are not law. They do not have the force crime will not be shut out of the clem- Judiciary Committee has jurisdiction of statutes, and they can be changed ency process while terrorists and their to investigate the Pardon Attorney’s very easily. The FALN case proves the organized sympathizers have access role in the pardon process, and to enact need for a statute because the Attor- to—and obtain advice from—high gov- legislation concerning the way in ney General ignored even the current, ernment officials. In other words, this which that office operates. weak regulations in the FALN matter. Act will insure that the tax-payer We have discussed this bill with the Although the Justice Department and funded Justice Department will, when Department of Justice, and we have re- the White House refuse to let anyone in assisting the President in a clemency viewed the regulations the Department Congress review the reports produced review, focus on public safety, not poli- has proposed. The problems with the by the Pardon Attorney about the tics. Let me be clear that the Depart- Office of the Pardon Attorney, how- FALN clemency, it is clear that the ment of Justice is an agency which I ever, cannot be fixed by a mere change Pardon Attorney did not follow the have great respect for. Its employees in department regulations. It has been Justice Department regulations when are loyal, dedicated public servants. six months since the public outcry over analyzing the issues for the President. This bill is aimed at helping the De- the FALN clemency shined a spotlight For starters, the Pardon Attorney partment, not hurting it. on the Pardon Attorney’s practices. began investigating a potential grant Specifically, our bill will do the fol- Despite having half-a-year to reform of clemency for the FALN terrorists lowing: itself, the Department has suggested even though no personal petitions for 1. Give victims a voice by insuring only minimal changes in the way it clemency had been filed. That’s right— that they are notified of key events in does business. In its draft regulations, these terrorists had not asked for clem- the clemency process and by giving the Department agrees that it should ency prior to the Justice Department’s them an opportunity to voice their ascertain the views of victims, but only efforts to free them. Indeed, no such opinions. 2. Enhance the voice of law enforce- in cases involving ‘‘crimes of vio- petitions were ever filed. And the ab- ment by requiring the Pardon Attorney lence.’’ Victims of other crimes deserve sence of petitions was not a mere over- to notify the law enforcement commu- the right to be heard, too. Victims of sight: the FALN terrorists refused to nity of a clemency investigation and so-called identity theft, for example, file such petitions because they do not permitting law enforcement to express have compelling stories of the horror of recognize that their criminal acts were its views on: the impact of clemency on being forced into bankruptcy to avoid wrongful or that the United States the individuals affected by the deci- collections lawyers, losing their jobs government had the right to punish sion—for example, victims and wit- due to issues related to wage garnish- them for committing those acts. nesses; whether clemency candidates ments, and trying to rebuild their lives I have the utmost respect for the ca- have information which might help in without the ability to obtain credit or reer men and women at the Justice De- other investigations; and whether sign an apartment lease. Victims of partment. It appears, however, the De- granting clemency will increase the such crimes also deserve to be heard. partment caved in to political pressure threat of terrorism or other criminal Similarly, the Department’s proposed in this case. Although it submitted a activity. regulations acknowledge the need to report in December 1996 recommending Of course, it is the hope of all the co- determine whether releasing a par- against the granting of clemency for sponsors—and all Americans—that ticular prisoner would pose a risk, but the FALN terrorists—which should presidents will use the congressionally limit their focus to past victims and ig- have ended its involvement—the Par- created and funded Office of the Pardon nore other possible targets including don Attorney produced another report Attorney in order to make the best witnesses, informants, prosecutors and two-and-a-half years later reportedly possible decisions regarding executive court personnel. The Department’s pro- changing its recommendation. The sec- clemency. I believe that when Congress posal also fails to notify victims when ond report did not recommend either passes this bill—and should President it undertakes a clemency investiga- for or against the granting of clem- Clinton sign it into law—future Presi- tion, when it completes its report to ency, violating the Justice Department dents, victims, and the American pub- the President, or when the President regulation requiring that in every lic will be well served. If President makes a decision. Under the Depart- clemency case the Department ‘‘shall Clinton wants to help in this effort to ment’s scheme, victims may still learn report in writing [its] recommendation restore integrity to the clemency proc- of a prisoner’s release from prison by to the President, stating whether in ess, he will announce his support for watching the event on TV. [its] judgment the President should this bill. Equally important, the Department’s grant or deny the petition.’’ Mr. President, I thank the many co- suggested regulations ignore the De- Why did the Justice Department’s sponsors of this act, and I ask the rest partment’s main job: to protect law- recommendation change? What hap- of my colleagues to support this much- abiding people from criminal acts. The pened between the first report in De- needed legislation. I ask unanimous Department does not see a need to re- cember 1996 and the second one in the consent that the text of the bill be quire the Pardon Attorney to talk to summer of 1999 that justified a reexam- printed in the RECORD. law enforcement officials about wheth- ination and change of the Depart- There being no objection, the bill was er a particular person could provide ment’s conclusion? Because of the ordered to be printed in the RECORD, as helpful information about criminal in- President’s assertion of executive follows: vestigations or searches for fugitives. privilege, we may never know for sure. S. 2042 Nor does the Department see the value It was a mistake for the President to Be it enacted by the Senate and House of Rep- of asking law enforcement whether a let politics affect such an important resentatives of the United States of America in potential release from prison would clemency decision, but is much worse Congress assembled, pose a risk to specific people other than a mistake when political pressure SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Pardon At- than victims or to a broader societal forces an independent agency to alter torney Reform and Integrity Act’’. interest such as enhancing a particular its advice against its better judgment. SEC. 2. REPRIEVES AND PARDONS. criminal organization or decreasing The Pardon Attorney Reform and In- (a) DEFINITIONS.—In this section— the deterrent value of prison sentences. tegrity Act will help prevent this from (1) the term ‘‘executive clemency’’ means The Department’s proposed regulations happening again. It will make avail- any exercise by the President of the power to also ignore the importance of whether able to the President access to the grant reprieves and pardons under clause 1 of a potential clemency recipient has ac- most pertinent facts concerning the ex- section 2 of article II of the Constitution of cepted responsibility for, or feels re- ercise of executive clemency, including the United States, and includes any pardon, information from law enforcement commutation, reprieve, or remission of a morse over, criminal acts. fine; and Even if the Department’s proposed agencies about the risks posed by any (2) the term ‘‘victim’’ has the meaning regulations were identical to this bill, release from prison. It will also help given the term in section 503(e) of the Vic- moreover, those regulations could not ensure that—if the President chooses tims’ Rights and Restitution Act of 1990 (42 overcome what is perhaps the most im- to have the Department of Justice con- U.S.C. 10607(e)).

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S541 (b) REPORTING REQUIREMENT.—If the Presi- victim, prosecutor, investigator, or other S. 2044. A bill to allow postal patrons dent delegates to the Attorney General the person in connection with any investigation to contribute to funding for domestic responsibility for investigating or reviewing, or review of a potential grant of executive violence programs through the vol- in any particular matter or case, a potential clemency; untary purchase of specially issued grant of executive clemency, the Attorney (2) prohibit the inclusion of any other in- General shall prepare and make available to formation or view in any report to the Presi- postage stamps; to the Committee on the President a written report, which shall dent; or Governmental Affairs. include— (3) affect the manner in which the Attor- THE STAMP OUT DOMESTIC VIOLENCE ACT OF 2000 (1) a description of the efforts of the Attor- ney General determines which petitions for ney General— executive clemency lack sufficient merit to Mr. CAMPBELL. Mr. President, (A) to make each determination required warrant any investigation or review. today I introduce the Stamp Out Do- under subsection (c); and (f) APPLICABILITY.—Notwithstanding any mestic Violence Act of 2000. (B) to make the notifications required other provision of this section, this section under subsection (d)(1); and does not apply to any petition or other re- The bill will allow every American to (2) any written statement submitted by a quest for executive clemency that, in the easily contribute to the fight against victim under subsection (c). judgment of the Attorney General, lacks suf- domestic violence through the vol- (c) DETERMINATIONS REQUIRED.—In the ficient merit to justify investigation or re- untary purchase of certain specially preparation of any report under subsection view, such as the contacting of a United (b), the Attorney General shall make all rea- issued U.S. Postal stamps, generally States Attorney. referred to as semi-postals. Proceeds sonable efforts to— (g) REGULATIONS.—Not later than 90 days (1) inform the victims of each offense that after the date of enactment of this Act, the raised from the stamps would fund do- is the subject of the potential grant of execu- Attorney General shall promulgate regula- mestic violence programs nationwide. tive clemency that they may submit written tions governing the procedures for com- The national statistics on domestic statements for inclusion in the report pre- plying with this section. pared by the Attorney General under sub- violence are reprehensible and shock- section (b), and determine the opinions of By Mrs. FEINSTEIN (for herself ing. Consider the following: A woman those victims regarding the potential grant is battered every 15 seconds in the and Mrs. BOXER): of executive clemency; S. 2043. A bill to designate the United United States. According to the Jus- (2) determine the opinions of law enforce- tice Department, four million Amer- ment officials, investigators, prosecutors, States Post Office building located at 3101 West Sunflower Avenue in Santa ican women were victims of violent probation officers, judges, and prison offi- crime last year. Two thirds of these cials involved in apprehending, prosecuting, Ana, California, as the ‘‘Hector G. sentencing, incarcerating, or supervising the Godinez Post Office Building’’; to the women were victimized by someone conditional release from imprisonment of Committee on Governmental Affairs. they knew. In fact, 30 percent of female the person for whom a grant of executive murder victims are killed by current or HECTOR G. GODINEZ POST OFFICE BUILDING clemency is petitioned or otherwise under former partners. In Colorado alone, the ∑ Mrs. FEINSTEIN. Mr. President, I consideration as to the propriety of granting Colorado Coalition Against Domestic rise to ask my colleagues to support a executive clemency and particularly whether Violence reported 59 domestic violence bill to name the Santa Ana, California the person poses a danger to any person or related deaths in 1998. We can and must Post Office as the ‘‘Hector G. Godinez society and has expressed remorse and ac- make every effort to change that. But, cepted responsibility for the criminal con- Post Office Building.’’ duct to which a grant of executive clemency Hector Godinez, who passed away in before we can eliminate the incidence would apply; May of 1999, was a true leader in his of domestic violence we must acknowl- (3) determine the opinions of Federal, community of Santa Ana, California. edge the problem and identify the re- State, and local law enforcement officials as He was a pioneer in the United States sources needed to combat the problem. to whether the person for whom a grant of Mr. President, I believe this bill rep- executive clemency is petitioned or other- Postal Service rising from letter car- wise under consideration may have informa- rier to become the first Mexican-Amer- resents an innovative way to generate tion relevant to any ongoing investigation or ican to achieve the rank of District money for the fight against domestic prosecution, or any effort to apprehend a fu- Manager within the United States violence. In the 105th Congress, as gitive; and Postal Service. He served with honor in Chairman of the Treasury and General (4) determine the opinions of Federal, World War II, was a ardent civil rights Government Appropriations Sub- State, and local law enforcement or intel- activist and an active participant in committee, I supported the first semi- ligence agencies regarding the effect that a civic organizations and local govern- postal issued in the United States, the grant of executive clemency would have on Breast Cancer Research Stamp. So far, the threat of terrorism or other ongoing or ment. future criminal activity. After graduation from Santa Ana more than 104 million stamps have (d) NOTIFICATION TO VICTIMS.— High School, Mr. Godinez enlisted into been sold nationally, raising $8 million (1) IN GENERAL.—The Attorney General the armed services and was a tank for breast cancer research. My bill is shall make all reasonable efforts to notify commander in World War II under Gen- modeled after the breast cancer stamp, the victims of each offense that is the sub- eral George Patton. For his service, he and I am confident it will be just as ject of the potential grant of executive clem- earned a bronze star for bravery under successful. ency of the following events, as soon as prac- ticable after their occurrence: fire and was also awarded a purple Specifically, under the ‘‘Stamp Out (A) The undertaking by the Attorney Gen- heart for wounds received in battle. Domestic Violence Act of 2000,’’ the eral of any investigation or review of a po- Upon his return home in 1946, Mr. Postal Service would establish a spe- tential grant of executive clemency in a par- Godinez started his first of 48 years of cial rate of postage for first-class mail, ticular matter or case. distinguished service as a United not to exceed 25 percent of the first- (B) The making available to the President States postal worker. class rate, as an alternative to the reg- of any report under subsection (b). Hector Godinez was a true pillar (C) The decision of the President to deny ular first-class postage. The additional within the Santa Ana community de- sum would be contributed to domestic any petition or request for executive clem- voting his tireless energy to such civic ency. violence programs. The rate would be groups as the Orange County District (2) NOTIFICATION OF GRANT OF EXECUTIVE determined in part, by the Postal Serv- Boy Scouts of America, Santa Ana CLEMENCY.—If the President grants executive ice to cover administrative costs, and clemency, the Attorney General shall make Chamber of Commerce, Orange County the remainder by the Governors of the all reasonable efforts to notify the victims of YMCA and National President of the Postal Service. All of the funds raised each offense that is the subject of the poten- League of United Latin American Citi- would go to the Department of Justice tial grant of executive clemency that such zens, one of the country’s oldest His- grant has been made as soon as practicable to support local domestic violence ini- panic civil rights organizations. tiatives across the country. after that grant is made, and, if such grant On behalf of the Godinez family and will result in the release of any person from the people of Santa Ana, California, it In a country as blessed as America, custody, such notice shall be prior to that is my pleasure to introduce this bill to the horrid truth is more women are in- release from custody, if practicable. jured by domestic violence each year (e) NO EFFECT ON OTHER ACTIONS.—Nothing name the Santa Ana, California Post in this section shall be construed to— Office in his honor.∑ than by automobile and cancer (1) prevent any officer or employee of the deaths—combined. We can no longer ig- Department of Justice from contacting any By Mr. CAMPBELL: nore that fact, for our denial is but a

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S542 CONGRESSIONAL RECORD — SENATE February 9, 2000 small step from tacit approval. The shall by regulation prescribe, but not later GRAMM. Both have worked tirelessly funds raised by this stamp will rep- than 12 months after the date of the enact- with me to craft this legislation. Sen- resent another step forward in address- ment of this section. ator ABRAHAM, of course, as chairman ing this national concern. I urge my ‘‘(g) The Postmaster General shall include of the Immigration Subcommittee, has in each report rendered under section 2402 colleagues to act quickly on this im- with respect to any period during any por- long led the way on this matter. I also portant legislation. tion of which this section is in effect, infor- thank our Democrat sponsors, Sen- Mr. President, I ask unanimous con- mation concerning the operation of this sec- ators GRAHAM, LIEBERMAN, and FEIN- sent that the text of the bill be printed tion, except that, at a minimum, each report STEIN, as well as our majority leader in the RECORD. shall include— and assistant majority leader for their There being no objecton, the bill was ‘‘(1) the total amount described in sub- contributions to this effort. ordered to be printed in the RECORD, as section (d)(2)(A) which was received by the Last month, the national jobless rate follows: Postal Service during the period covered by such report; and hit 4 percent, the lowest level in 30 S. 2044 ‘‘(2) of the amount under paragraph (1), years. That jobless rate is even lower Be it enacted by the Senate and House of Rep- how much (in the aggregate and by category) in my home State of Utah at 3.3 per- resentatives of the United States of America in was required for the purposes described in cent. That’s great news; but at the Congress assembled, subsection (d)(2)(B). same time, serious labor shortages SECTION 1. SHORT TITLE. ‘‘(h) This section shall cease to be effective threaten our continued economic pros- This Act may be cited as the ‘‘Stamp Out at the end of the 2-year period beginning on perity and global competitiveness. A Domestic Violence Act of 2000’’. the date on which special postage stamps recent study, for example, concluded SEC. 2. SPECIAL POSTAGE STAMPS RELATING TO under this section are first made available to DOMESTIC VIOLENCE. the public.’’. that a shortage of high-tech profes- (a) IN GENERAL.—Chapter 4 of title 39, (b) REPORT BY THE COMPTROLLER GENERAL sionals is currently costing the U.S. United States Code, is amended by inserting OF THE UNITED STATES.—Not later than 3 economy $105 billion a year. after section 414 the following: months (but no earlier than 6 months) before A look at last Sunday’s Washington ‘‘§ 414a. Special postage stamps relating to do- the end of the 2-year period referred to in Post makes the problem very clear. mestic violence section 414a(h) of title 39, United States Code High-tech jobs even have their own sep- ‘‘(a) In order to afford the public a conven- (as amended by subsection (a)), the Comp- arate section of help wanted ads. Twen- ient way to contribute to funding for domes- troller General of the United States shall submit to the Congress a report on the oper- ty-one pages of jobs, jobs, jobs. tic violence programs, the Postal Service The Clinton administration recently shall establish a special rate of postage for ation of such section. Such report shall in- first-class mail under this section. clude— projected that in the next 5 years, ‘‘(b) The rate of postage established under (1) an evaluation of the effectiveness and high-tech and related employment will this section— the appropriateness of the authority pro- grow ‘‘more than twice as fast as em- ‘‘(1) shall be equal to the regular first-class vided by such section as a means of fund- ployment in the economy as a whole.’’ rate of postage, plus a differential not to ex- raising; and The growth of the high-tech industry is (2) a description of the monetary and other ceed 25 percent; being felt across this country, and no- ‘‘(2) shall be set by the Governors in ac- resources required of the Postal Service in carrying out such section. where more than in my State of Utah. cordance with such procedures as the Gov- Common sense tells us that we must ernors shall by regulation prescribe (in lieu (c) TECHNICAL AND CONFORMING AMEND- of the procedures under chapter 36); and MENTS.— allow American high-tech companies ‘‘(3) shall be offered as an alternative to (1) TABLE OF SECTIONS.—The table of sec- to fill their labor needs in the United the regular first class rate of postage. tions for chapter 4 of title 39, United States States, or they will be forced to take ‘‘(c) The use of the rate of postage estab- Code, is amended by striking the item relat- these opportunities of growth abroad. lished under this section shall be voluntary ing to section 414 and inserting the fol- We want the high tech industry to lowing: on the part of postal patrons. thrive in the United States and to con- ‘‘(d)(1) Amounts becoming available for do- ‘‘414. Special postage stamps relating to tinue to serve as the engine for the mestic violence programs under this section breast cancer. shall be paid by the Postal Service to the De- ‘‘414a. Special postage stamps relating to do- growth of jobs and opportunities for partment of Justice. Payments under this mestic violence.’’. American workers. If Congress fails to section shall be made under such arrange- (2) SECTION HEADING.—The heading for sec- act promptly to alleviate today’s high- ments as the Postal Service shall, by mutual tion 414 of title 39, United States Code, is tech labor shortage, today’s low jobless agreement with the Department of Justice, amended to read as follows: rate will be a mere precursor to tomor- establish in order to carry out the purposes ‘‘§414. Special postage stamps relating to row’s lost opportunities. of this section, except that under those ar- breast cancer’’. The purpose of our important bipar- rangements, payments to the Department of Justice shall be made at least twice a year. tisan legislation is twofold: (1) To ‘‘(2) For purposes of this section, the term By Mr. HATCH (for himself, Mr. allow for a necessary infusion of high- ‘amounts becoming available for domestic ABRAHAM, Mr. GRAMM, Mr. GRA- tech workers in the short term, and (2) violence programs under this section’ HAM, Mr. LIEBERMAN, Mrs. FEIN- to make prudent investments in our means— STEIN, Mr. LOTT, Mr. NICKLES, own workforce for the long term. ‘‘(A) the total amount of revenues received Mr. MACK, Mr. SPECTER, Mr. It is clear that in the short term we by the Postal Service that it would not have DEWINE, Mr. MCCONNELL, Mr. need to raise the limits of the number received but for the enactment of this sec- tion; reduced by GORTON, Mr. HAGEL, Mr. BEN- of temporary visas for highly skilled ‘‘(B) an amount sufficient to cover reason- NETT, Mr. GRAMS, Mr. labor. Our bill does this by increasing able costs incurred by the Postal Service in ASHCROFT, Mr. BROWNBACK, Mr. the cap to 195,0000 visas over each of carrying out this section, including costs at- SMITH of Oregon, and Mr. WAR- the next 3 years. We also exempt per- tributable to the printing, sale, and distribu- NER): sons from the cap who come to work in tion of stamps under this section, S. 2045. A bill to amend the Immigra- our universities and persons who have as determined by the Postal Service under tion and Nationality Act with respect recently received advanced degrees in regulations that it shall prescribe. to H–1B nonimmigrant aliens; to the our educational institutions. ‘‘(e) It is the sense of Congress that noth- Committee on the Judiciary. ing in this section should— But this, by itself, is not a satisfac- ‘‘(1) directly or indirectly cause a net de- AMERICAN COMPETITIVENESS IN THE TWENTY- tory solution either in the short item crease in total funds received by the Depart- FIRST CENTURY ACT OF 2000 or long term. Thus, we need to redou- ment of Justice or any other agency of the Mr. HATCH. Mr. President, I rise ble our efforts to provide training and Government (or any component or program today to introduce what I believe is educational opportunities for our cur- thereof) below the level that would otherwise one of the most important pieces of rent and future workforce. Thus, we have been received but for the enactment of legislation the Senate will consider raise an additional $150 million for this section; or this year, the American Competitive- scholarships and training of American ‘‘(2) affect regular first-class rates of post- age or any other regular rates of postage. ness in the 21st Century Act. workers for these jobs for a total of ‘‘(f) Special postage stamps under this sec- At the outset, I would like to express $375 million for education and training tion shall be made available to the public be- my gratitude to my two lead cospon- under this program over 3 fiscal years. ginning on such date as the Postal Service sors, Senator ABRAHAM and Senator Our legislation, in other words, seeks

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S543 to address both the short and long term described in section 101(a)(15)(H)(i)(b), be ment or extension of status before the date needs. counted toward the numerical limitations of expiration of the period of stay authorized My hope is that the administration contained in paragraph (1)(A)(iii) the first by the Attorney General; and will come to support this important time the alien is employed by an employer ‘‘(C) who has not been employed without other than one described in paragraph authorization in the United States before or high-tech legislation. In our new (5)(A).’’. during the pendency of such petition for new knowledge-based economy, where ideas SEC. 4. LIMITATION ON PER COUNTRY CEILING employment.’’. and innovations rather than land or WITH RESPECT TO EMPLOYMENT- (b) EFFECTIVE DATE.—The amendment natural resources are the principal well BASED IMMIGRANTS. made by subsection (a) shall apply to peti- springs of economy growth, American (a) SPECIAL RULES.—Section 202(a) (8 tions filed before, on, or after the date of en- competitiveness depends greatly on in- U.S.C. 1152(a)) is amended by adding at the actment of this Act. end the following new paragraph: SEC. 6. EXTENSION OF AUTHORIZED STAY IN tellectual assets and capacity. The ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- most successful economics of the 21st CASES OF LENGTHY ADJUDICA- GRANTS.— TIONS. century will be those which maximize ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT (a) EXEMPTION FROM LIMITATION.—The lim- intellectual assets. In recognition of SUBJECT TO PER COUNTRY LIMITATION IF ADDI- itation contained in section 214(g)(4) of the this fact, the administration has TIONAL VISAS AVAILABLE.—If the total num- Immigration and Nationality Act with re- worked with me over the years to im- ber of visas available under paragraph (1), spect to the duration of authorized stay shall prove intellectual property protection (2), (3), (4), or (5) of section 203(b) for a cal- not apply to any nonimmigrant alien pre- and to encourage developing nations to endar quarter exceeds the number of quali- viously issued a visa or otherwise provided fied immigrants who may otherwise be nonimmigrant status under section invest in doing likewise. For this rea- issued such visas, the visas made available son, I believe that the administration 101(a)(15)(H)(i)(b) of the Immigration and Na- under that paragraph shall be issued without tionality Act on whose behalf a petition appreciates the need for this legisla- regard to the numerical limitation under under section 204(b) to accord the alien im- tion. In the end, I hope they will have paragraph (2) of this subsection during the migrant status under section 203(b), or an ap- the smarts to listen to Alan Green- remainder of the calendar quarter. plication for adjustment of status under sec- span—who has testified about the need ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN tion 245 to accord the alien status under sec- for this bill—and that the administra- COUNTRIES SUBJECT TO SUBSECTION (e).—In the tion 203(b), has been filed, if 365 days or more tion will support its passage. case of a foreign state or dependent area to have elapsed since the filing of a labor cer- which subsection (e) applies, if the total tification application on the alien’s behalf, if I ask unanimous consent that the number of visas issued under section 203(b) text of the bill be included in the required for the alien to obtain status under exceeds the maximum number of visas that section 203(b), or the filing of the petition RECORD. may be made available to immigrants of the under section 204(b). There being no objection, the bill was state or area under section 203(b) consistent (b) EXTENSION OF H1-B WORKER STATUS.— ordered to be printed in the RECORD, as with subsection (e) (determined without re- The Attorney General shall extend the stay follows: gard to this paragraph), in applying sub- of an alien who qualifies for an exemption S. 2045 section (e) all visas shall be deemed to have under subsection (a) in one-year increments been required for the classes of aliens speci- Be it enacted by the Senate and House of Rep- until such time as a final decision is made on fied in section 203(b).’’. the alien’s lawful permanent residence. resentatives of the United States of America in (b) CONFORMING AMENDMENTS.— Congress assembled, (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SECTION 1. SHORT TITLE. AND AUTHORITIES THROUGH FIS- amended by striking ‘‘paragraphs (3) and (4)’’ CAL YEAR 2002. This Act may be cited as the ‘‘American and inserting ‘‘paragraphs (3), (4), and (5)’’. (a) ATTESTATION REQUIREMENTS.—Section Competitiveness in the Twenty-first Century (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is Act of 2000’’. 212(n)(1)(E)(ii)) of the Immigration and Na- amended by striking ‘‘the proportion of the tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- visa numbers’’ and inserting ‘‘except as pro- MENTS. amended by striking ‘‘October 1, 2001’’ and vided in subsection (a)(5), the proportion of inserting ‘‘October 1, 2002’’. In addition to the number of aliens who the visa numbers’’. (b) FEE REQUIREMENTS.—Section may be issued visas or otherwise provided (c) ONE-TIME PROTECTION UNDER PER COUN- 212(c)(9)(A) of the Immigration and Nation- nonimmigrant status under section TRY CEILING.—Notwithstanding section ality Act (8 U.S.C. 1182(c)(9)(A)) is amended 101(a)(15)(H)(i)(b) (8 U.S.C. 1101 214(g)(4) of the Immigration and Nationality in the text above clause (i) by striking ‘‘Oc- (a)(15)(H)(i)(b)), the following number of Act, any alien who— tober 1, 2001’’ and inserting ‘‘October 1, 2002’’. aliens may be issued such visas or otherwise (1) is the beneficiary of a petition filed (c) DEPARTMENT OF LABOR INVESTIGATIVE provided such status for each of the fol- under section 204(a) for a preference status AUTHORITIES.—Section 413(e)(2) of the Amer- lowing fiscal years: under paragraph (1), (2), or (3) of section ican Competitiveness and Workforce Im- (1) 80,000 for fiscal year 2000; 203(b); and provement Act of 1998 (as contained in title (2) 87,500 for fiscal year 2001; and (2) would be subject to the per country lim- IV of division C of Public Law 105–277) is (3) 130,000 for fiscal year 2002. itations applicable to immigrants under amended by striking ‘‘September 30, 2001’’ those paragraphs but for this subsection, SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- and inserting ‘‘September 30, 2002’’. SEARCH FACILITIES, AND GRAD- may apply for, and the Attorney General UATE DEGREE RECIPIENTS. may grant, an extension of such non- SEC. 8. RECOVERY OF VISAS USED FRAUDU- LENTLY. Section 214(g) of the Immigration and Na- immigrant status until the alien’s applica- Section 214(g)(3) of the Immigration and tionality Act (8 U.S.C. 1184(g)) is amended by tion for adjustment of status has been proc- Nationality Act (8 U.S.C. 1184 (g)(3)) is adding at the end the following new para- essed and a decision made thereon. amended to read as follows: graphs: SEC. 5. INCREASED PORTABILITY OF H–1B STA- ‘‘(5) The numerical limitations contained TUS. ‘‘(3) Aliens who are subject to the numer- ical limitations of paragraph (1) shall be in paragraph (1)(A)(iii) shall not apply to any (a) IN GENERAL.—Section 214 of the Immi- nonimmigrant alien issued a visa or other- gration and Nationality Act (8 U.S.C. 1184) is issued visas (or otherwise provided non- wise provided status under section amended by adding at the end the following immigrant status) in the order in which peti- 101(a)(15)(H)(i)(b)— new subsection: tions are filed for such visas or status. If an ‘‘(A) who is employed (or has received an ‘‘(m)(1) A nonimmigrant alien described in alien who was issued a visa or otherwise pro- offer of employment) at— paragraph (2) who was previously issued a vided nonimmigrant status and counted ‘‘(i) an institution of higher education (as visa or otherwise provided nonimmigrant against the numerical limitations of para- defined in section 101(a) of the Higher Edu- status under section 101(a)(15)(H)(i)(b) is au- graph (1) is found to have been issued such cation Act of 1965 (20 U.S.C. 1001(a))), or a re- thorized to accept new employment upon the visa or otherwise provided such status by lated or affiliated nonprofit entity; or filing by the prospective employer of a new fraud or willfully misrepresenting a material ‘‘(ii) a nonprofit research organization or a petition on behalf of such nonimmigrant as fact and such visa or nonimmigrant status is governmental research organization; or provided under subsection (a). Employment revoked, then one number shall be restored ‘‘(B) for whom a petition is filed not more authorization shall continue for such alien to the total number of aliens who may be than 90 days before or not more than 180 days until the new petition is adjudicated. If the issued visas or otherwise provided such sta- after the nonimmigrant has attained a mas- new petition is denied, employment author- tus under the numerical limitations of para- ter’s degree or higher degree from an institu- ization shall cease. graph (1) in the fiscal year in which the peti- tion of higher education (as defined in sec- ‘‘(2) A nonimmigrant alien described in tion is revoked, regardless of the fiscal year tion 101(a) of the Higher Education Act of this paragraph is a nonimmigrant alien— in which the petition was approved.’’. 1965 (20 U.S.C. 1001(a))).’’. ‘‘(A) who has been lawfully admitted into SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- ‘‘(6) Any alien who ceases to be employed the United States; ITAL DIVIDE’’. by an employer described in paragraph (5)(A) ‘‘(B) on whose behalf an employer has filed (a) STUDY.—The National Science Founda- shall, if employed as a nonimmigrant alien a nonfrivolous application for new employ- tion shall conduct a study of the divergence

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S544 CONGRESSIONAL RECORD — SENATE February 9, 2000 in access to high technology (commonly re- tional jobs for Americans through their President Clinton’s former chief eco- ferred to as the ‘‘digital divide’’) in the skills and motivations. nomic advisor, Laura D’Andrea Tyson United States. Mr. President, shortly after that argues that ‘‘it’s time to raise the cap (b) REPORT.—Not later than 18 months after the date of enactment of this Act, the hearing, Congress raised the cap on H– on H–1B visas yet again and to provide Director of the National Science Foundation 1B visas from 65,000 to 115,000 in FY1999 room for further increases as war- shall submit a report to Congress setting and 2000, and 107,500 in 2001. A number ranted. Silicon Valley’s experience re- forth the findings of the study conducted of provisions in this legislation in- veals that the results will be more jobs under subsection (a). creased enforcement efforts and estab- and higher incomes for both Americans Mr. ABRAHAM. Mr. President, I rise lished a $500 fee per visa—currently and immigrant workers.’’ to join Senator HATCH in introducing generating $75 million per year—for Mr. President, the final word should the American Competitiveness in the training and scholarships to encourage belong to Federal Reserve Chairman 21st Century Act. Americans to enter high-tech related Alan Greenspan. At a Budget Com- Mr. President, no company can grow fields. mittee hearing last month he was if it fails to find enough employees Unfortunately, this was not enough. asked ‘‘Do you believe we should do with the skills needed to get the job Despite the raised cap, a tight labor something with our laws—immigra- done. And that is precisely the situa- market, increasing globalization and tion—that would allow high tech . . . tion faced by our high-tech companies burgeoning economic growth all com- labor to come into the country to ease today. A Joint Venture: Silicon Valley bined to increase demand for skilled the burden’’ on our labor force? study found that a lack of skilled workers. The 1999 cap on H–1B visas Chairman Greenspan responded: ‘‘I workers is costing Silicon Valley com- was reached by June of last year. would certainly agree with that. It’s panies $3 to $4 billion every year. A We must do more to enable American clear that under existing circumstance Computer Technology Industry Asso- employers to hire job-creating high- . . . aggregate demand is putting very ciation study concluded that a short- tech professionals. That is why I have significant pressures on an ever-de- age of information technology profes- sponsored this legislation that would: creasing available supply of unem- sionals is costing the U.S. economy as Provide a temporary increase in H–1B ployed labor. The one obvious means a whole $105 billion per year. visas. Caps would be increased by 80,000 that one can use to offset that is ex- These costs should not be seen as for FY 2000; 87,500 for FY 2001; and panding the number of people we allow mere abstractions. Because of skilled 130,000 for FY 2002. in, either generally or in a specifically labor shortages, an increasing number Create exemptions for universities, focused area.’’ of highly productive firms have had to research facilities, and graduate degree By increasing the number of highly curtail their economic activities and/or recipients to help keep in the country skilled professionals we allow to work move offshore. At an October 21, 1999 top graduates and those who help edu- in America, and providing additional Senate Immigration Subcommittee cate Americans. funding for training and scholarships, hearing, Susan DeFife, CEO of Modify per-country limits on perma- we will create jobs for all Americans womenCONNECT.com, noted that ‘‘as nent employment visas to allow com- and keep our high-tech driven eco- investment capital flows into start-ups panies to hire talent without regard to nomic expansion on the move. and puts them on a fast growth track, nationality. Mr. GRAMM. Mr. President, today I the demand for workers will continue Increase labor mobility by allowing am proud to join in the introduction of to far exceed the supply. In order to fill H–1B professionals to change jobs as legislation which will increase the these positions, the options for tech soon as the new employer files the ini- number of H–1B temporary work visas companies are not particularly attrac- tial paperwork, instead of waiting for a used to recruit and hire workers with tive: we can limit our growth, but then new H–1B application to be approved. very specialized skills, particularly in we lose the ability to compete; we can Continue and extend the $500 per visa high technology fields. This bill will ‘steal’ employees from other compa- fee to provide over $150 million in addi- ensure that the dramatic U.S. eco- nies, which makes none of us stronger tional funding over three years for nomic expansion will not be stalled by and forces us to constantly look over training and scholarships. Counting a lack of skilled workers in critical po- our shoulders; or, in the case of larger the existing money brought in by the sitions. It retains the language of cur- companies I know, move operations fee, this will raise the total to over $375 rent law which protects qualified U.S. off-shore.’’ million over three years and will help workers from being displaced by H–1B None of these solutions is good for over 50,000 American students receive visa holders. our economy or our workers. As e-com- scholarships in math, science or engi- With record low unemployment, U.S. merce and other forms of high tech- neering. companies already have been forced to nology become increasingly integrated These provisions will increase our slow their expansion or even to cancel throughout our economy, the long- economic competitiveness, sustain our projects, and some may be forced to term solution to our dilemma will be economic growth, and provide new op- move their operations overseas because for earlier and better training for our portunities for workers and entre- of an inability to find qualified individ- young people to qualify them for high- preneurs. Julie Holdren, President and uals to fill job vacancies. We will tech tasks. But we are losing produc- CEO of the Olympus Group, told the achieve our full economic potential tivity and opportunities for growth Immigration Subcommittee that ‘‘For only if we ensure that high-technology right now. If we are to maintain our every H–1B worker I employ, I am able companies can find and hire the people high-tech edge in an increasingly com- to hire ten more American workers.’’ A whose unique qualifications and skills petitive global market, we must find study for the Public Policy Institute of are critical to America’s future. the skilled workers we need wherever California by U.C. Berkeley Professor Last year, the Congress temporarily we can. Annalee Saxenian bears this testimony increased the number of annual H–1B We must meet our training and edu- out. It found that Chinese and Indian visas from 65,000 to 115,000 for Fiscal cation needs. And we need wise and immigrant entrepreneurs in northern Years 1999 and 2000, and to 107,500 in careful reforms to our immigration California alone were responsible for 2001. The number of H–1B visas is laws. This is not an either/or propo- employing 58,000 people, with annual scheduled to drop back to 65,000 for Fis- sition. We have studied this approach sales of nearly $17 billion. cal Year 2002 and subsequent years. Our for some time. In February of 1998 the Critics of the last H–1B visa increase legislation will increase the H–1B visa Senate Judiciary Committee held a have been proven spectacularly wrong, cap to 195,000 for Fiscal Years 2000, 2001, hearing on high technology workforce as the U.S. economy added 387,000 new and 2002. By the end of that period, we issues. This hearing demonstrated that jobs in January and the unemployment will have the data we need to make an many companies could not find enough rate dropped to a 30-year low of 4 per- informed decision on the number of qualified professionals to fill key jobs. cent. Specialty jobs in the computer such visas required beyond 2002. It also showed that the foreign-born in- industry alone are projected to grow by According to a recent study by the dividuals hired by companies on H–1B 1.5 million between 1998 and 2008, ac- American Electronics Association temporary visas typically many addi- cording to the Department of Labor. (AEA), Texas has the fastest growing

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S545 high technology industry in the coun- made the Internet easy to use, there tions including Hispanic, Native Amer- try and is second only to California in has been an explosion in the growth of ican, Historically Black Colleges and the number of high technology work- network traffic. As computers become small colleges and universities. The ers. This legislation would ensure that more powerful, applications more so- most efficient way to open the Internet these companies have access to highly phisticated, and the user interfaces get superhighway to everyone is to provide educated workers, in order that Amer- easier to use, we can look forward to scientists in every corner of the nation ica can continue to grow and prosper, an even greater demand for network with opportunities to perform peer-re- and in doing so, create more jobs and bandwidth. viewed and merit-based research. opportunity for U.S. workers. The Internet and its promising appli- Finally, the National Academy of I believe that this legislation rep- cations have transformed our daily Sciences is requested to conduct a resents a fair and effective way to ad- lives. They have reshaped the ways in study to determine the extent to which dress a critical need in our Nation’s which we communicate at work, and the Internet backbone and network in- economy, and I hope my colleagues with our families; they have made rev- frastructure contribute to the digital will quickly approve this important olutionary medical advances a reality divide. The study will further assess proposal. that we once thought impossible only a the existing geographical penalty and few years ago. But each day, as more its impact on all users and their ability By Mr. FRIST (for himself, Mr. and more of our neighbors become con- to obtain secure and reliable Internet ROCKEFELLER, Mr. ROBERTS, nected to the World Wide Web and ex- access. Mr. BREAUX, and Mr. HOLLINGS); perience the amazement of its poten- I urge my colleagues to support this S. 2046. A bill to reauthorize the Next tial, certain segments of our nation are bipartisan legislation. Generation Internet Act, and for other left without these same opportunities. By Mr. DODD (for himself, Mr. purposes; to the Committee on Com- Since the enactment of the Next Gen- LIEBERMAN, Ms. SNOWE, Mr. merce, Science, and Transportation. eration Internet Research Act of 1998, JEFFORDS, Mr. LAUTENBERG, THE NEXT GENERATION INTERNET 2000 ACT the National Science Foundation has Mr. REED, and Mr. LEAHY): Mr. FRIST. Mr. President, I rise connected hundreds of new sites to a S. 2047. A bill to direct the Secretary today to introduce the Next Genera- testbed providing a 100-fold increase in of Energy to create a Heating Oil Re- tion Internet 2000 Act, a multi-agency network performance. And the Depart- serve to be available for use when fuel research and development program de- ment of Defense is currently deploying oil prices in the United States rise signed to fund advanced networking in- a testbed with 1,000-fold increased per- sharply because of anticompetitive ac- frastructure and technologies. Two and formance at over twenty sites to sup- tivity, during a fuel oil shortage, or a half years ago, I stood in this exact port networking research and applica- during periods of extreme winter spot and introduced its predecessor, tions deployment. As we applaud the weather; to the Committee on Energy the ‘‘Next Generation Internet Re- success of the first three years of the and Natural Resources. search Act of 1998.’’ While scientists Next Generation Internet (NGI) initia- THE HOME HEATING OIL PRICE STABILITY ACT throughout the country have made tre- tive, we must also realize its current Mr. DODD. Mr. President, I am mendous inroads since that time, the limitations. pleased to be joined by Senators LIE- digital divide makes the truth clear In the review of the first two years of BERMAN, SNOWE, JEFFORDS, LAUTEN- and simple: we are leaving many of our the initiative, the President’s Informa- BERG, REED and LEAHY in introducing fellow Americans behind. The Next tion Technology Advisory Committee the Home Heating Oil Price Stability Generation Internet 2000 will attempt recommended that the NGI program Act. to eliminate these geographical bar- should continue to focus on the utility For the past several weeks, Con- riers, while providing research funding of the Next Generation Internet’s gig- necticut and the Northeast have been for a faster, more secure and robust abit bandwidth to end-users, its in- gripped by cold weather and sky- network infrastructure for all Ameri- creased security, and its expanded rocketing heating oil prices. Approxi- cans. quality of service. More importantly, mately 36 percent of households in the The Internet is one of the most sig- the committee shared Congress’ con- Northeast rely on home heating oil. On nificant developments of the last dec- cern that no federal program specifi- Friday, February 4th, home heating oil ade. Its significance is not limited to cally addresses the geographical pen- cost $2 per gallon in Hartford, Con- the new industries that it has created alty issue—the imposition of costs on necticut and $1.80 per gallon a little nor the new educational opportunities users of the Internet in rural or other farther east in Groton, Connecticut, al- that it affords. The impact of the Inter- locations that are disproportionately most double the price from mid-Janu- net goes beyond those things. With the greater than the costs imposed on ary. Prices averaged $.86 per gallon development of electronic commerce, users in locations closer to high popu- during the winter of 1998/1999. the Internet has radically altered the lations. I must admit that this is a Independent, family-owned heating economic landscape of this country. great disappointment for myself and oil retailers in Connecticut are strug- Advances in industries are taking place my colleagues who fought to combat gling to meet their delivery demands at a faster and faster pace. At the this geographical penalty through the because of supply constraints. Local oil heart of this dizzying pace of change authorization of NGI in 1998. Unfortu- terminals are at dangerously low lev- are two things: computers and commu- nately, the White House did not take els. Last week, supply levels of heating nications. More and more we are seeing us seriously and did not follow through oil were so low in Bridgeport and New that computers and communications with the complete implementation of Haven that the Connecticut Depart- means the Internet. the original act. ment of Environmental Protection If you had to find a prototypical suc- The Next Generation Internet 2000 issued a 48-hour waiver to allow the cess story, it could very well be the makes a distinct departure from its sale of 7–9 million gallons of heating Internet. There are in fact, multiple di- predecessor. First, it designates ten oil with sulphur content above the mensions to its success. It was and is a percent of the overall program funding level permitted by state law. successful public-private collaboration. for research to reduce the cost of Inter- To be sure, the extreme cold weather It demonstrated successful commercial net access services available to all and isolated refinery problems have application of technology developed as users in geographically remote areas. contributed to the supply strain. Icy part of mission directed research pro- It further prioritizes that these re- waters around New Haven had slowed gram. It showed a successful transition search grants be awarded to qualified the off-loading of some heating oil in of an operational system from the pub- college-level educational institutions late January and early February. How- lic to the private sector. Perhaps most located in Experimental Program to ever, even after tankers were able to of all, it is a prime example of a suc- Stimulate Competitive Research unload millions of gallons last week- cessful federal investment. states. end, customers throughout Con- In some respects the Internet is now Second, the act requires that five necticut are still paying record-high ‘‘suffering’’ from too much success. percent of the research grants shall be prices as high as $2.10 per gallon—sup- With the advent of tools that have made available to minority institu- ply is still tight.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S546 CONGRESSIONAL RECORD — SENATE February 9, 2000 The Northeast is always cold in win- necticut consumers were facing unusu- (C) consumer savings, including reductions ter, so why are consumers and retailers ally high heating oil prices attributed in jet fuel, would total $425,000,000; suffering so much this winter? Many to extreme winter weather and domes- (D) there are a number of commercial pe- analysts believe that the precarious pe- tic and international events, including troleum storage facilities with available ca- the onset of just-in-time inventories. pacity for leasing in the New York/New Jer- troleum situation was precipitated by sey area; and a calculated decision by OPEC and oth- We asked the Department of Energy (E) it would be cost-effective to keep a ers to cut back production, and by (DOE) to examine regional reserve fea- Government stockpile of approximately major oil companies adhering to a sibility and report back to Congress. 2,000,000 barrels in leased storage in the practice of just-in-time inventories. As Their conclusions form the foundation Northeast, filled by trading some crude oil petroleum prices began to rise in reac- of our legislation. from the Government’s strategic reserve of tion to OPEC action, refiners drew Mr. President, I have an article from oil for the refined product. down from their already low stock of July 13, 1998 coinciding with the re- SEC. 3. AUTHORIZATION OF HEATING OIL RE- lease of the report that states a posi- SERVE. lower-priced crude rather than pur- (a) CREATION OF RESERVE.—The Secretary chasing higher-priced crude and thus tive benefit/cost ratio if a small reserve were located in leased terminals in the of Energy shall immediately create a heat- replenishing the stocks. Inventories ing oil reserve consisting of— Northeast and filled by trading crude dwindled and the supply is now at (1) 2,000,000 barrels of heating oil in leased record low levels. For the week ending from the SPR for the distillate. As I storage facilities in the New York Harbor January 14, the total distillate stock stated briefly a moment ago, our legis- area; and lation also establishes a backup 4.7 for the East Coast was 33.5 million bar- (2) 4,700,000 barrels of heating oil in 1 of the million barrel reserve in the Gulf due rels compared with 69.1 million barrels 4 Strategic Petroleum Reserve caverns on to excess capacity there. the coast of the Gulf of Mexico. a year ago. This legislation should be part of a (b) EXCHANGE FOR CRUDE OIL.—The Sec- What do these events mean to the av- long-term solution. In the meantime, retary of Energy may acquire heating oil for erage consumer in Connecticut and the Connecticut and Northeast residents the reserve by trading crude oil from the Northeast? Dramatically higher costs, need near-term action. Advice to just Strategic Petroleum Reserve for heating oil. for starters. Heating oil bills are aver- ride out the winter is simply not ac- SEC. 4. DRAWDOWN OF HEATING OIL RESERVE. aging 30–60 percent higher than last ceptable. Hardest hit are the poor and The President may immediately draw year. The wide range is due to the ex- down the Heating Oil Reserve— elderly who should not have to choose (1) when fuel oil prices in the United States tent to which people are turning down among having a warm house, food on their thermostats to ration supply and rise sharply because of anticompetitive ac- the table, or medicine in the cabinet. tivity; stretch their dollars. Schools, libraries The current home heating oil crisis (2) during a fuel oil shortage; or and small businesses are seeing their cuts across all income levels. The 1999/ (3) during a period of extreme winter budgets burst as more money is allo- 2000 winter will go down in the history weather. cated for fuel. The Middletown, Con- books as the year with the highest SEC. 5. AUTHORIZATION OF APPROPRIATIONS. necticut school system has spent more heating oil prices ever. I am sure you There is authorized to be appropriated to than twice as much for heating oil will agree with me that this is one the Secretary of Energy to carry out this from October to January than during record that need never be broken. I Act $125,000,000 for the period of fiscal years 2000 through 2019. the same period a year ago, despite a urge our colleagues to join me, Sen- warmer than average December. ators LIEBERMAN, and our other co- [From DOE Fossil Energy Techline, July 13, Some market analysts believe this is sponsors in support of working fami- 1998] a temporary situation. Mr. President, lies, small businesses, and towns across DOE SENDS REPORT TO CONGRESS ANALYZING this is not a temporary situation. Just- the Northeast to move forward with COSTS, BENEFITS OF REGIONAL OIL PRODUCT in-time inventory practices appear to this legislation. I ask unanimous con- RESERVE be here to stay. OPEC has intimated sent that a copy of the bill and addi- A Department of Energy (DOE) report, that the petroleum production draw- tional material be entered in the commissioned two years ago when high backs may continue beyond March, RECORD. prices and low stocks of heating oil raised thus causing further instability at a There being no objection, the mate- consumer concerns, has concluded that a time when peak demand for gasoline rial was ordered to be printed in the Government-controlled ‘‘regional petroleum begins. This is a perennial problem— RECORD, as follows: product reserve’’ would make economic sense only under a very narrow set of condi- unusually high heating oil prices in S. 2047 tions. winter followed by skyrocketing gaso- Be it enacted by the Senate and House of Rep- The report, which DOE forwarded to Con- line prices in the summer. resentatives of the United States of America in gress late last week, concludes that the ben- Today’s legislation is an effort to ad- Congress assembled, efits of a Government stockpile of heating dress the heating oil problem for the SECTION 1. SHORT TITLE. oil in the Northeast would exceed its costs long-term. It would create a heating oil This Act may be cited as the ‘‘Home Heat- only if the reserve was relatively small, ap- reserve of 2 million barrels in leased ing Oil Price Stability Act’’. proximately 2 million barrels, located in storage facilities in New York Harbor SEC. 2. FINDINGS. leased terminals, and filled by trading crude Congress finds that— and 4.7 million barrels of heating oil in oil from the government’s Strategic Petro- (1) a sharp, sustained increase in the price leum Reserve for the distillate product. one of four Strategic Petroleum Re- of fuel oil would negatively affect the overall Storing distillate product in dedicated salt serve (SPR) caverns along the Gulf economic well-being of the United States, caverns at the Strategic Petroleum Reserve Coast. The Secretary of Energy may and such increases have occurred in the win- along the Gulf of Mexico coastline would im- fill the reserve by trading crude oil ters of 1983-84, 1988-89, 1996-97, and 1999-2000; prove the cost-benefit characteristics, the from the SPR for heating oil. The (2) the United States currently imports study found, but products would take 7–10 President may draw down the reserve roughly 55 percent of its oil; days to reach consumers in the Northeast. when fuel oil prices in the United (3) heating oil price increases dispropor- A larger product reserve, sized at around tionately harm the poor and the elderly; States rise sharply because of anti- 6.7 million barrels to meet the worst weather (4) the global oil market is often greatly contingencies, would not be attractive based competitive activity, during a fuel oil influenced by nonmarket-based supply ma- on the cost-benefit analysis unless it was shortage, or during periods of extreme nipulations, including price fixing and pro- constructed entirely within the existing winter weather. duction quotas; and Strategic Petroleum Reserve sites. Let me be perfectly clear. The cre- (5) according to the June 1998 Department Moreover, the study found, the positive ation of a Government regional heating of Energy ‘‘Report to Congress on the Feasi- economic benefits would be achieved only if oil reserve is not intended to compete bility of Establishing a Heating Oil Compo- the Government adopted the policy of releas- with the commercial sector for sales nent to the Strategic Petroleum Reserve’’— ing the entire volume of the product reserve under normal conditions. It is in- (A) the use of a Government-owned dis- at the point heating oil prices reached a tillate reserve in the Northeast would pro- predefined ‘‘trigger price.’’ A more conserv- tended, rather, to help stabilize sup- vide benefits to consumers in the Northeast ative policy of releasing only enough crude plies and prices during critical periods. and to the Nation; oil to bring wholesale prices back down to a I, along with Senator LIEBERMAN, (B) the Government would make a profit of predefined ‘‘ceiling price’’ would not provide first raised the issue of establishing a $46,000,000 from drawing down and selling the sufficient benefits to offset the reserve’s regional reserve in 1996 when Con- distillate; costs.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S547 The two-volume study is titled ‘‘Report to Mr. LEAHY. Mr. President, I rise in and craft this proposal. It is a testa- Congress on the Feasibility of Establishing a support of the Home Heating Oil Price ment to what I have always believed: Heating Oil Component to the Strategic Pe- Stability Act being introduced today that those who live on and around our troleum Reserve.’’ The Energy Department undertook the study when in 1995–1996 an un- by Senator DODD. In response to Con- public lands love the land and, given usually long winter, uncertainties about pro- gressional concern raised over volatile the chance, will find ways to help pro- duction from Iraq and the Organization of heating oil prices, the Department of tect it. I hope that this effort to work Petroleum Exporting Countries (OPEC), and Energy completed a study of regional out solutions to land issues with mean- increased global demand for petroleum led to oil reserves and issued their report in ingful local input will become the a gasoline price surge and later, a price in- 1998. This report concluded that re- norm for federal land policy. crease in middle distillate fuels used for gional heating oil reserves, such as the Mr. President, under this legislation, heating oil, diesel and jet fuel. Consumers in one proposed in this bill, would benefit New England, which has no refineries, be- 2.8 million acres will be designated as came especially concerned about heating oil New England and help guard against the San Rafael Western Legacy Dis- inventory levels and the rise in heating oil the negative effects of volatile fuel trict. Visitors to the San Rafael will be prices. prices during the winter months. able to see where Kit Carson, Chief The events of 1996 prompted several mem- The recent price spike in home heat- Walker, Wesley Powell, Butch Cassidy bers of Congress from New England states to ing fuel throughout the Northeast and and many others became famous, or in- urge DOE to carry out a study to determine mid-Atlantic regions illustrate the famous as the case may be. Back- whether or not Government intervention in need for a regional fuel reserve. Prices petroleum markets in the form of a region- packers and day hikers will be sur- ally-cited refined product stockpile could be of home heating fuel have increased prised by petroglyphs that tell stories beneficial. over the last month to unprecedented of Native American ancestors and that The Federal Government currently stores levels, putting many families and busi- give a picture of life as it once was. only crude oil for emergency purposes, prin- nesses at risk during these cold winter Families will enjoy access to one of the cipally to protect the United States from months. Many areas of New England largest sources of fossils in the New disruptions in petroleum supply, especially are now facing fuel costs between $1.70 imported crude oil. The Strategic Petroleum World. They will also enjoy a variety of Reserve currently stores 563 million barrels and $2.00 per gallon—nearly double last quality museums that already exist in of crude oil along the Gulf Coast in four sites January’s average price of .80 cents per the area which take us back in time, that are accessible to most refining centers gallon. Home heating fuel has not seen whether it be the time of dinosaurs, in the country. average prices over $1 dollar in nearly Native Americans, pioneers and the ten years. These prices are endangering wild west, early explorers, or even the [From the Boston Globe, Feb. 6, 2000] the welfare of low income Vermonters early atomic arms race. BUFFERING OIL PRICES and threatening the stability of our A the core of this Western Legacy The surge in home heating and diesel oil economy. prices has shocked householders, truckers, District will be the San Rafael Na- This is not the first time we have tional Conservation Area, which will and others and sparked a fresh round of sus- seen such volatile prices in New Eng- picions that massive collusion is responsible. withdraw approximately 1 million Would that such cooperation existed. In- land and will certainly not be the last. acres from development. Mr. President, stead, business anarchy has much to do with I remember Vermont in December 1989, Congress cannot create spectacular the rise. The attorney general’s consumer when we experienced the coldest tem- geologic formations, such as the San protection division should seek to assure peratures the Northeast has seen in 100 Rafael Swell, but this legislation will that there is no price gouging by individual years, and then again in 1993 when the protect what God has given us. The San dealers. In the meantime, prevention of fu- mercury plummeted and the fuel bills ture price spikes is available to government Rafael Swell is vast and can accommo- rose. Mr. President we need a regional date all types of experiences including in a form that need not be intrusive. Oil home heating fuel reserve to protect prices spurted because inventories were inad- wilderness, wildlife viewing, fishing, equate. Public reserves are needed. the welfare and the economy of states mountain biking, and other activities. The impact has been severe. Oil deliveries such as Vermont. The cold winters and The specifics for these uses will be de- costing $400 have been a shock for elderly the absence of refiners make New Eng- tailed in a forty year planning process homeowners living on fixed incomes. Even land susceptible to fluctuations in the led by the Secretary of Interior. low-cost, emergency suppliers like Joseph market which leave other parts of the Mr. President, I am very pleased to Kennedy’s Citizens Energy Corp. have been country virtually untouched. stymied by shortages and high prices. introduce this legislation along with The American Petroleum Institute keeps By Mr. HATCH (for himself and my good friend and colleague Senator track of inventories of gasoline, oil, crude, ROBERT BENNETT. A companion meas- Mr. BENNETT): and other petroleum products around the S. 2048. A bill to establish the San ure in the House is sponsored by Rep- country. Among all these, heating oil is resentative CHRIS CANNON. unique because demand for it is seasonal, Rafael Western Legacy District in the peaking in the winter months. State of Utah, and for other purposes; The San Rafael Swell is an area rich While some extra stockpiling of oil by the to the Committee on Energy and Nat- in history, beauty, culture, and tradi- private sector takes place every year, the ural Resources. tion. This legislation protects the San tendency has been to cut reserves as close to SAN RAFAEL WESTERN LEGACY DISTRICT AND Rafael for all citizens in a manner that the bone as possible. This past fall, despite NATIONAL CONSERVATION ACT reflects the needs of those directly af- indications that consumption was on the Mr. HATCH. Mr. President, I rise fected by its bounties. I urge my col- rise, inventories ran significantly below leagues to support this legislation. their year-earlier levels. At the end of De- today to introduce the San Rafael cember, inventories of distillate fuel oil Western Legacy District and National I ask unanimous consent for the text (both diesel and heating) stood at 124 million Conservation Act. I am proud to spon- of the fill to be printed in the RECORD. barrels compared with 156 million barrels a sor this legislation which is a result of There being no objection, the bill was year earlier. Both these figures run well local citizens working together with ordered to be printed in the RECORD as below comparable statistics in the past, federal land managers to produce a follows: when inventories were frequently above 200 plan that promotes and protects one of S. 2048 million barrels. The federal government in the 1970s set up our nation’s finest natural treasures, Be it enacted by the Senate and House of Rep- a strategic petroleum reserve of crude oil to the San Rafael Swell in Emery County, resentatives of the United States of America in dampen the power of OPEC, the inter- Utah. Congress assembled, national oil cartel. But it needs a similar re- This is by no means a standard one- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. serve of distillate to help cope with domestic size-fits-all land management scheme. (a) SHORT TITLE.—This Act may be cited as developments like this year’s failure to It reflects both local and national in- the ‘‘San Rafael Western Legacy District and stockpile adequate oil to cope with predict- terests. I wish to congratulate the National Conservation Act’’. able seasonal surges, much less unpredict- elected officials of Emery County, Sec- (b) TABLE OF CONTENTS.—The table of con- able cold snaps. The mere presence of such a tents of this Act is as follows: reserve, available for rapid release, would retary of Interior Bruce Babbitt, local dampen spot markets. To do less condemns citizen groups, and local Bureau of Sec. 1. Short title; table of contents. everyone to senseless repeats of this painful Land Management professionals for Sec. 2. Purposes. experience. their willingness to come to the table Sec. 3. Definitions.

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TITLE I—SAN RAFAEL WESTERN (d) LEGACY COUNCIL.— (b) USE OF PUBLIC LAND.—The Secretary LEGACY DISTRICT (1) ESTABLISHMENT.—The Secretary shall shall allow such uses of the public land as Sec. 101. Establishment of the San Rafael establish a Legacy Council to advise the Sec- the Secretary determines will further the Western Legacy District. retary with respect to the Western Legacy purposes for which the Western Legacy Dis- Sec. 102. Management and use of the San District. trict is established. Rafael Western Legacy Dis- (2) FUNCTION.—The Legacy Council may (c) EFFECT OF ACT.—Nothing in this Act— trict. furnish advice and recommendations to the (1) affects the jurisdiction or responsibil- Secretary with respect to management, ities of the State of Utah with respect to fish TITLE II—SAN RAFAEL NATIONAL grants, projects, and technical assistance. and wildlife in the Western Legacy District; CONSERVATION AREA (3) MEMBERSHIP.—The Legacy Council shall (2) affects private property rights within Sec. 201. Designation of the San Rafael Na- consist of not more than 10 members ap- the Western Legacy District; or tional Conservation Area. pointed by the Secretary as follows: (3) diminishes the authority, rights, or re- Sec. 202. Management of the San Rafael Na- (A) 2 members from among the rec- sponsibilities of the Secretary for managing tional Conservation Area. ommendations submitted by the Governor of the public land within the Western Legacy SEC. 2. PURPOSES. the State of Utah. District. The purposes of this Act are— (B) 2 members from among the rec- TITLE II—SAN RAFAEL NATIONAL (1) to promote— ommendations submitted by the Emery CONSERVATION AREA (A) the preservation, conservation, inter- County, Utah, Commissioners. SEC. 201. DESIGNATION OF THE SAN RAFAEL NA- pretation, scientific research, and develop- (C) The remaining members from among TIONAL CONSERVATION AREA. ment of the historical, cultural, natural, rec- persons who are recognized as experts in con- (a) PURPOSES.—There is established the reational, archaeological, paleontological, servation of the historical, cultural, natural, San Rafael National Conservation Area in environmental, biological, educational, wil- recreational, archaeological, environmental, the State of Utah. derness, and scenic resources of the San biological, educational, and scenic resources (b) AREAS INCLUDED.— Rafael region of the State of Utah; and or other disciplines directly related to the (1) IN GENERAL.—Except as provided in (B) the economic viability of rural commu- purposes for which the Western Legacy Dis- paragraph (2), the Conservation Area shall nities in the San Rafael region; and trict is established. consist of approximately 947,000 acres of pub- (2) to conserve, protect, and enhance for (4) RELATIONSHIP TO OTHER LAW.—The es- lic land in Emery County, Utah, as generally the benefit and enjoyment of present and fu- tablishment and operation of the Legacy depicted on the map entitled ‘‘San Rafael ture generations of people the unique and na- Council shall conform to the requirements Swell Western Legacy District and National tionally important values of the Western of— Conservation Area’’ and dated llll. Legacy District and the public land de- (A) the Federal Advisory Committee Act (5 (2) BOUNDARY.—The boundary of the Con- scribed in section 201(b) (including histor- U.S.C. App.); and servation Area shall be set back 300 feet from ical, cultural, natural, recreational, sci- (B) the Federal Land Policy and Manage- the edge of the Interstate Route 70 right-of- entific, archaeological, paleontological, en- ment Act of 1976 (43 U.S.C. 1701 et seq.). way. vironmental, biological, wilderness, wildlife, (e) ASSISTANCE.— (c) MAP AND LEGAL DESCRIPTION.— educational, and scenic resources). (1) IN GENERAL.—To carry out this section, (1) IN GENERAL.—As soon as practicable the Secretary may make grants and provide SEC. 3. DEFINITIONS. after the date of enactment of this Act, the technical assistance to any nonprofit organi- In this Act: Secretary shall submit to Congress a map zation or unit of government with authority (1) CONSERVATION AREA.—The term ‘‘Con- and legal description of the Conservation in the boundaries of the Western Legacy Dis- servation Area’’ means the San Rafael Na- Area. trict. tional Conservation Area established by sec- (2) EFFECT.—The map and legal description (2) PERMITTED USES.—Grants and technical tion 201(a). shall have the same effect as if included in assistance under this section may be used (2) LEGACY COUNCIL.—The term ‘‘Legacy this Act, except that the Secretary may cor- for— Council’’ means the council established rect errors in the map and legal description. (A) planning; under section 101(d). (3) COPIES.—Copies of the map and legal de- (B) reports; (3) MANAGEMENT PLAN.—The term ‘‘man- scription shall be on file and available for (C) studies; agement plan’’ means the management plan public inspection in— (D) interpretive exhibits; for the Conservation Area required to be de- (A) the Office of the Director of the Bureau (E) historic preservation projects; veloped under section 202(e). of Land Management; and (F) construction of cultural, recreational, (4) SECRETARY.—The term ‘‘Secretary’’ (B) the appropriate office of the Bureau of educational, and interpretive facilities that means the Secretary of the Interior, acting Land Management in the State of Utah. are open to the public; and through the Director of the Bureau of Land SEC. 202. MANAGEMENT OF THE CONSERVATION (G) such other expenditures as are con- Management. AREA. sistent with this Act. (a) MANAGEMENT.—The Secretary shall (5) WESTERN LEGACY DISTRICT.—The term (3) PLANNING.—Grants and technical assist- manage the Conservation Area in a manner ‘‘Western Legacy District’’ means the San ance for use in planning activities may be that— Rafael Western Legacy District established provided under this subsection only to a unit (1) conserves, protects, and enhances the by section 101(a). of government or a political subdivision of resources and values of the Conservation TITLE I—SAN RAFAEL WESTERN LEGACY the State of Utah in an amount— Area, including the resources and values DISTRICT (A) not to exceed $100,000 for any fiscal specified in section 2(2); and SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL year; and (2) is consistent with— WESTERN LEGACY DISTRICT. (B) not to exceed an aggregate amount of (A) the Federal Land Policy and Manage- (a) IN GENERAL.—There is established the $200,000. ment Act of 1976 (43 U.S.C. 1701 et seq.); and San Rafael Western Legacy District. (4) MATCHING FUNDS.—Federal funding pro- (B) other applicable provisions of law (in- (b) AREAS INCLUDED.—The Western Legacy vided under this section may not exceed 50 cluding this Act). District shall consist of approximately percent of the total cost of the activity car- (b) USES.— 2,842,800 acres of land in the Emery County, ried out with the funding, except that non- (1) IN GENERAL.—The Secretary shall allow Utah, as generally depicted on the map enti- Federal matching funds are not required only such uses of the Conservation Area as tled ‘‘San Rafael Swell Western Legacy Dis- with respect to— the Secretary finds will further the purposes trict and National Conservation Area’’ and (A) planning activities carried out with as- for which the Conservation Area was estab- dated lllll. sistance under paragraph (3); or lished. (c) MAP AND LEGAL DESCRIPTION.— (B) use of assistance under this section for (2) MOTORIZED VEHICLES.—Except where (1) IN GENERAL.—As soon as practicable facilities located on public land and owned needed for administrative purposes or to re- after the date of enactment of this Act, the by the Federal Government. spond to an emergency, use of motorized ve- Secretary shall submit to Congress a map (5) AUTHORIZATION OF APPROPRIATIONS.— hicles in the Conservation Area shall be per- and legal description of the Western Legacy There are authorized to be appropriated to mitted only on roads and trails designated District. carry out this section not more than for use of motorized vehicles as part of the (2) EFFECT.—The map and legal description $1,000,000 for each fiscal year, not to exceed a management plan. shall have the same effect as if included in total of $10,000,000. (c) WITHDRAWALS.— this Act, except that the Secretary may cor- SEC. 102. MANAGEMENT AND USE OF THE WEST- (1) IN GENERAL.—Subject to valid existing rect errors in the map and legal description. ERN LEGACY DISTRICT. rights and except as provided in paragraph (3) COPIES.—Copies of the map and legal de- (a) IN GENERAL.—The Secretary shall ad- (2), all Federal land within the Conservation scription shall be on file and available for minister the public land within the Western Area and all land and interests in land that public inspection in— Legacy District in accordance with— are acquired by the United States after the (A) the Office of the Director of the Bureau (1) this Act; and date of enactment of this Act are withdrawn of Land Management; and (2) the applicable provisions of the Federal from— (B) the appropriate office of the Bureau of Land Policy and Management Act (43 U.S.C. (A) all forms of entry, appropriation, or the Land Management in the State of Utah. 1701 et seq.). disposal under the public land laws;

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S549 (B) location, entry, and patent under the implied or express reservation of any water money has funded more than 103,000 po- mining laws; and or water right pertaining to surface or lice officers under the COPS program (C) operation of the mineral leasing and ground water. to make our streets safer. geothermal leasing laws. (2) STATE RIGHTS.—Nothing in this Act af- As of 1999, over 17,000 new prison, jail (2) COMMUNICATION FACILITIES.— fects— or alternative beds had been added (A) IN GENERAL.—The Secretary may au- (A) any valid existing surface water or thorize the installation of communication ground water right in effect on the date of under the Violent Offender Incarcer- facilities within the Conservation Area only enactment of this Act; or ation/Truth-in-Sentencing Grants Pro- to the extent that the facilities are nec- (B) any water right approved after the date gram. essary for public safety purposes. of enactment of this Act under the laws of Under the drug court program na- (B) MINIMAL IMPACT.—Communication fa- the State of Utah or any other State. tionwide, more than 140,000 offenders cilities shall— (l) NO EFFECT ON APPLICATION OF OTHER have participated in drug courts, re- (i) have a minimal impact on the resources ACTS.— ceiving the supervision and treatment of the Conservation Area; and (1) IN GENERAL.—Nothing in this Act af- (ii) be consistent with the management fects the application of any provision of the they need to stop abusing drugs and plan. Wilderness Act (16 U.S.C. 1131) or the Federal committing crimes. (d) HUNTING, TRAPPING, AND FISHING.— Land Policy and Management Act of 1976 (43 Under the National Criminal History (1) IN GENERAL.—Except as provided in U.S.C. 1701 et seq.) to wilderness resources in Improvement Program, enhancements paragraph (2), the Secretary shall permit the Conservation Area. to the FBI’s National Criminal History hunting, trapping, and fishing within the (2) ISSUE RESOLUTION.—Recognizing that Background Check System have helped Conservation Area in accordance with appli- the designation of a wilderness area for in- block more than 400,000 gun sales to in- cable laws (including regulations) of the clusion in the National Wilderness Preserva- United States and the State of Utah. eligible persons. And, program im- tion System requires an Act of Congress, the provements now allow 35 states and the (2) REGULATIONS.—The Secretary, after Secretary, the State of Utah, Emery County, consultation with the Utah Division of Wild- Utah, and affected stakeholders may work District of Columbia to submit data to life Resources, may promulgate regulations toward resolving wilderness issues within the FBI’s National Sex Offender Reg- designating zones where and establishing pe- the Conservation Area. istry, which became operational in riods when no hunting, trapping, or fishing July 1999. shall be permitted in the Conservation Area By Mr. BIDEN: The fund has provided money to for reasons of public safety, administration, S. 2049. A bill to extend the author- or public use and enjoyment. states and localities to help offset the (e) MANAGEMENT PLAN.— ization for the Violent Crime Reduc- costs of incarcerating criminal illegal (1) IN GENERAL.—Not later than 4 years tion Trust Fund; to the Committee on aliens under the State Criminal Alien after the date of enactment of this Act, the the Judiciary. Assistance Program. Secretary shall develop a comprehensive RE-AUTHORIZATION OF THE VIOLENT CRIME Under the Residential Substance plan for the long-range protection and man- REDUCTION TRUST FUND Abuse Treatment for State Prisoners agement of the Conservation Area. Mr. BIDEN. Mr. President, today, I program, all 50 states, the District of (2) CONTENTS.—The management plan— (A) shall describe the appropriate uses and introduce a bill which will re-authorize Columbia, and the five territories, have management of the Conservation Area con- the Violent Crime Reduction Trust implemented drug testing and treat- sistent with this Act; and Fund for an additional five years. ment programs that address 80 percent (B) may— I firmly believe that re-authorization of offenders who have drug or alcohol (i) incorporate appropriate decisions con- of the Violent Crime Reduction Trust problems. tained in any management or activity plan Fund for another five years is the sin- Through the largest Violence Against for the area; and gle most significant thing that we can Women Act program, funding for the (ii) use information developed in previous do to continue the war on crime. STOP Violence Against Women For- studies of the land within or adjacent to the Conservation Area. In 1994 when we introduced the Biden mula Grants Program is changing the (f) STATE TRUST LANDS.—The State of Utah Crime Bill, which eventually became way communities work together to re- and the Secretary may exchange Federal the crime bill of 1994, some people dis- spond to domestic violence, sexual as- land, Federal mineral interests, or payment agreed with certain aspects of the bill. sault, and stalking. of money for land and mineral interests of But, we all agreed that crime control is And there are other Violence Against approximately equal value that are managed a place where the federal government Women Act grant programs which have by the Utah School and Institutional Trust had an impact on many communities. Lands Administration within the Conserva- can and should play a key role. tion Area. We can all argue about how much we The Grants to Encourage Arrest Poli- (g) ACCESS.—The Secretary, the State of should be involved in education or wel- cies program encourages jurisdictions Utah, and Emery County, Utah, may agree fare, but no one can argue about the re- to implement mandatory or pro-arrest to resolve section 2477 of the Revised Stat- quirement of the government to make policies in domestic violence cases. The utes and other access issues within the Con- our streets safe. That is the starting Rural Domestic Violence and Child servation Area. Victimization Enforcement Grant Pro- (h) WILDLIFE MANAGEMENT.—Nothing in point for all ordered society. this Act diminishes the responsibility and So, I, along with the Senior Senator gram has recognized the special needs authority of the State of Utah for manage- from Texas, Mr. GRAMM, and the Senior of victims in rural locations. The Civil ment of fish and wildlife within the Con- Senator from West Virginia, Mr. BYRD, Legal Assistance Grant Program is de- servation Area. worked to set up a Violent Crime Re- signed to strengthen civil legal assist- (i) GRAZING.—Where the Secretary permits duction Trust Fund. The way we did ance for domestic abuse victims livestock grazing on the date of enactment of this Act, such grazing shall be allowed that was not to raise taxes—it was to through innovative, collaborative pro- subject to all applicable laws (including reg- cut the size of the federal government grams that increase victim access to ulations) and executive orders. and use the money to fight crime. And services. And, the Grants to Combat (j) NO BUFFER ZONES.— so we agreed to let 250,000 Federal em- Violent Crimes Against Women on (1) IN GENERAL.—Congress does not intend ployees go. Then we took the paycheck Campuses Program was first funded in for the establishment of the Conservation that would have been used to pay John FY 1999 to promote comprehensive, co- Area to lead to the creation of protective pe- Jones and Sue Smith and we put it into ordinated responses to violent crimes rimeters or buffer zones around the Con- servation Area. a trust fund to do nothing but deal against women on campuses. (2) ACTIVITIES OUTSIDE CONSERVATION with violent crime in America. And The results of these efforts have AREA.—That there may be activities or uses guess what—it worked. taken hold. Crime is down—way down. of land outside the Conservation Area that Since the Fund was established in And we didn’t add 1 cent to the deficit. would not be permitted in the Conservation the Biden Crime Bill, The Office of The significance of the Trust Fund, Area shall not preclude such activities or Management and Budget tells us that why it was so important, is because it uses on the land up to the boundary of the Congress had appropriated funds the initiatives contained in the Conservation Area (or on private land within $16,648,000,000 from the fund through Biden Crime Bill. The money has to be the Conservation Area) consistent with other used for new cops and crime preven- applicable laws. 1998, and $10,300,000,000 was estimated (k) WATER RIGHTS.— for 1999 and 2000 combined. tion. It can’t be spent on anything else (1) IN GENERAL.—The establishment of the What has this money done you ask? but crime reduction. It is the one place Conservation Area shall not constitute any Just look at the numbers: To date, the that no one can compete. it is set

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S550 CONGRESSIONAL RECORD — SENATE February 9, 2000 aside. It is a savings account to fight (b) DISCRETIONARY LIMITS.—Title XXXI of ment the tools it needed to prevent and crime. the Violent Crime Control and Law Enforce- crack down on criminal conduct. The This fund works. It ensures that the ment Act of 1994 (42 U.S.C. 14211 et seq.) is legislation has been so effective that I crime reduction programs that we pass amended by inserting after section 310001 the believe it should be the model for fu- following: be funded. It ensures that the crime ture federal anti-crime initiatives. At ‘‘SEC. 310002. DISCRETIONARY LIMITS. rate will continue to go down instead ‘‘For the purposes of allocations made for the time, however, supporters of the of up. It ensures that our kids will have the discretionary category pursuant to sec- Crime Bill were attacked for focusing a place to go after school instead of tion 302(a) of the Congressional Budget Act on the root causes of criminal activity. hanging out on the street corners. It of 1974 (2 U.S.C. 633(a)), the term ‘discre- Today, as evidenced by declining crime ensures that violent crimes against tionary spending limit’ means— rates, we see that this was an effective women get the individualized attention ‘‘(1) with respect to fiscal year 2001— approach. that they need and deserve. It gives ‘‘(A) for the discretionary category, I raise this issue today because I am amounts of budget authority and outlays states money to hire more cops and get concerned that some may be moving in necessary to adjust the discretionary spend- the wrong direction in the worthwhile better technology. ing limits to reflect the changes in subpara- Today our challenge is to keep our graph (B) as determined by the Chairman of effort to crack down on illegal gam- focus and to stay vigilant against vio- the Budget Committee; and bling on college sports. Recently intro- lent crime. This is one modest step to- ‘‘(B) for the violent crime reduction cat- duced legislation attempts to crack ward meeting that challenge. egory: $6,025,000,000 in new budget authority down on dorm room and bar hall book- This Act shares bipartisan support. and $5,718,000,000 in outlays; ies by shutting down legal and highly- No one wants crime and no one wants ‘‘(2) with respect to fiscal year 2002— regulated sports book operations in Ne- to raise taxes. Republicans, Democrats, ‘‘(A) for the discretionary category, vada. Mr. President, this is like closing amounts of budget authority and outlays the Bank of America to eliminate loan and Independents alike—this should be necessary to adjust the discretionary spend- an easy one for all of us. In July of last ing limits to reflect the changes in subpara- sharking. It simply does not solve the year, during debate on the Commerce, graph (B) as determined by the Chairman of problem. Justice, State appropriations bill, my the Budget Committee; and Mr. President, the collegiate gam- friend from New Hampshire, Senator ‘‘(B) for the violent crime reduction cat- bling legislation recently introduced in GREGG, declared his commitment to egory: $6,169,000,000 in new budget authority the Senate is flawed because it incor- get the Violent Crime Reduction Trust and $6,020,000,000 in outlays; rectly assumes that the elimination of ‘‘(3) with respect to fiscal year 2003— Fund re-authorized. Senator GRAMM legal sports book wagering in Nevada ‘‘(A) for the discretionary category, has always stepped up to the plate on will mean the end of illegal wagering amounts of budget authority and outlays on college sports. The National Colle- this issue as well, and I commend them necessary to adjust the discretionary spend- for their commitment to this program. ing limits to reflect the changes in subpara- giate Athletic Association (NCAA) is As Senator BYRD aptly stated back in graph (B) as determined by the Chairman of on record stating that there is an ille- 1994 when we were first debating this, the Budget Committee; and gal bookie on every college campus. ‘‘the war on crime is of such an over- ‘‘(B) for the violent crime reduction cat- ‘‘Sports Illustrated’’ ran a series in riding concern that, as in the past, the egory: $6,316,000,000 in new budget authority 1995, stating that ‘‘gambling is the Committee on Appropriations must and $6,161,000,000 in outlays; dirty little secret on college campuses, ‘‘(4) with respect to fiscal year 2004— take extraordinary actions to confront where it’s rampant and prospering,’’ ‘‘(A) for the discretionary category, and that ‘‘the bookies catering to most the issue.’’ That still rings true today. amounts of budget authority and outlays Although crime is down, we can not be- necessary to adjust the discretionary spend- college gamblers are fellow students.’’ come complacent. We must continue ing limits to reflect the changes in subpara- Banning legal college sports gambling the fight. We need this Violent Crime graph (B) as determined by the Chairman of in Nevada, where it is controlled and Reduction Trust Fund more than any the Budget Committee; and heavily regulated, is not going to put other single piece of legislation. ‘‘(B) for the violent crime reduction cat- these bookies out of business. Just as Every member of the Senate is egory: $6,459,000,000 in new budget authority the Twenty-First Amendment did not and $6,303,000,000 in outlays; and against violent crime—we all say it in stop the illegal consumption of alco- ‘‘(5) with respect to fiscal year 2005— hol, but rather, drove it underground, speech after speech. Now, I urge all my ‘‘(A) for the discretionary category, colleagues to back up their words and amounts of budget authority and outlays banning regulated, legal college sports follow through on their commitments necessary to adjust the discretionary spend- wagering in Nevada is simply not going to defeat violent crime. Pass this bill. ing limits to reflect the changes in subpara- to end illegal college sports gambling. Continue the Violent Crime Reduction graph (B) as determined by the Chairman of Mr. President, illegal gambling on Trust Fund. Take serious action the Budget Committee; and college sports is a very serious prob- against violent crime. Show the crimi- ‘‘(B) for the violent crime reduction cat- lem, and I commend my colleagues for egory: $6,616,000 in new budget authority and their willingness to address this issue. nals that we are serious about fighting $6,452,000,000 in outlays; crime. Show the American people that The problem with gambling on colle- as adjusted in accordance with section 251(b) their safety is of the highest priority giate sporting events, however, does of the Balanced Budget and Emergency Def- not rest with what is legal, but rather, for us and that we are taking action. icit Control Act of 1985 (2 U.S.C. 901(b)) and Mr. President, I ask unanimous con- section 314 of the Congressional Budget Act with what is illegal. While there are sent that the text of the bill be printed of 1974.’’. currently numerous state laws that in the RECORD. prohibit gambling on college sports, il- There being no objection, the bill was By Mr. REID (for himself, Mr. legal practices still occur and there is ordered to be printed in the RECORD, as BRYAN, Mr. TORRICELLI, and Mr. little, if anything, that is being done to follows: BAUCUS): address or understand the problem. A S. 2049 S. 2050. A bill to establish a panel to recent NCAA report noted that there investigate illegal gambling on college Be it enacted by the Senate and House of Rep- are no comprehensive studies available resentatives of the United States of America in sports and to recommend effective that analyze the prevalence of illegal Congress assembled, countermeasures to combat this seri- gambling on college sports. Further- SECTION 1. EXTENSION OF VIOLENT CRIME RE- ous national problem; to the Com- more, the report found that ‘‘the issue DUCTION TRUST FUND. mittee on the Judiciary. of illegal gambling on college sports is (a) IN GENERAL.—Section 310001(b) of the COMBATTING ILLEGAL COLLEGE AND UNIVERSITY still largely overlooked by college ad- Violent Crime Control and Law Enforcement GAMBLING ACT ministrators.’’ Act of 1994 (42 U.S.C. 14211) is amended by Mr. REID. Mr. President, six years Mr. President, to respond to this very striking paragraphs (1) through (5) and in- ago we passed a crime bill which, while serious problem, I rise today, along serting the following: controversial at the time, has led to an with Senators BAUCUS, TORRICELLI, and ‘‘(1) for fiscal year 2001, $6,025,000,000; ‘‘(2) for fiscal year 2002, $6,169,000,000; unprecedented decrease in criminal ac- BRYAN, to introduce alternative legis- ‘‘(3) for fiscal year 2003, $6,316,000,000; tivity. It was a tough bill that was lation that would examine the root ‘‘(4) for fiscal year 2004, $6,458,000,000; and aimed at cracking down on illegal causes of illegal gambling on college ‘‘(5) for fiscal year 2005, $6,616,000,000.’’. criminal activity. It gave law enforce- sports. My legislation addresses several

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S551 key aspects of the problem of illegal other remedial action implemented setts (Mr. KERRY) was added as a co- gambling on collegiate sporting events, under section 306 of such Act. sponsor of S. Con. Res. 69, a concurrent namely, what is being done by federal S. 1883 resolution requesting that the United and state officials to enforce existing At the request of Mr. BINGAMAN, the States Postal Service issue a com- laws, whether law enforcement has the name of the Senator from South Da- memorative postal stamp honoring the proper tools and adequate funding to kota (Mr. JOHNSON) was added as a co- 200th anniversary of the naval shipyard address illegal gambling on college sponsor of S. 1883, a bill to amend title system. sports, and, what colleges and univer- 5, United States Code, to eliminate an S. CON. RES. 76 sities are doing to address the problem inequity on the applicability of early At the request of Mr. LEAHY, the of illegal gambling, especially on their retirement eligibility requirements to name of the Senator from New Mexico own campuses. The legislation I am in- military reserve technicians. (Mr. BINGAMAN) was added as a cospon- troducing today would follow the rec- S. 1900 sor of S. Con. Res. 76, a concurrent res- ommendations of the NCAA report by At the request of Mr. LAUTENBERG, olution expressing the sense of Con- directing the Justice Department to the names of the Senator from Nevada gress regarding a peaceful resolution of examine these issues and report back (Mr. BRYAN) and the Senator from Illi- the conflict in the state of Chiapas, to the Congress. nois (Mr. DURBIN) were added as co- Mexico and for other purposes. Mr. President, the growing attrac- sponsors of S. 1900, a bill to amend the S.J. RES. 3 tion of illegal gambling among our col- Internal Revenue Code of 1986 to allow At the request of Mr. KYL, the name lege youth is a serious national prob- a credit to holders of qualified bonds of the Senator from Oregon (Mr. SMITH) lem that requires a serious response. issued by Amtrak, and for other pur- was added as a cosponsor of S.J. Res. 3, We must have a solution to this prob- poses. a joint resolution proposing an amend- lem, however, that accurately ad- S. 1921 ment to the Constitution of the United dressed the source of illegal college At the request of Mr. CAMPBELL, the States to protect the rights of crime sports gambling. The alternative legis- names of the Senator from New Mexico victims. lation I am introducing today, which (Mr. BINGAMAN), and the Senator from S.J. RES. 39 focuses on stronger enforcement of ex- Pennsylvania (Mr. SPECTER) were At the request of Mr. CAMPBELL, the isting laws and education campaigns, added as cosponsors of S. 1921, a bill to names of the Senator from Virginia follows the correct path toward ad- authorize the placement within the (Mr. ROBB), the Senator from Alabama dressing the root causes of this prob- site of the Vietnam Veterans Memorial (Mr. SHELBY), the Senator from New lem and finding the most effective and of a plaque to honor Vietnam veterans Mexico (Mr. BINGAMAN), the Senator appropriate solution. who died after their service in the Viet- from Massachusetts (Mr. KERRY), and f nam war, but as a direct result of that the Senator from Wisconsin (Mr. FEIN- ADDITIONAL COSPONSORS service. GOLD) were added as cosponsors of S.J. S. 2004 Res. 39, a joint resolution recognizing S. 512 At the request of Mrs. MURRAY, the the 50th anniversary of the Korean War At the request of Mr. GORTON, the name of the Senator from Hawaii (Mr. and the service by members of the name of the Senator from Alabama INOUYE) was added as a cosponsor of S. Armed Forces during such war, and for (Mr. SESSIONS) was added as a cospon- 2004, a bill to amend title 49 of the other purposes. sor of S. 512, a bill to amend the Public United States Code to expand State au- S. RES. 60 Health Service Act to provide for the thority with respect to pipeline safety, At the request of Mr. MACK, the name expansion, intensification, and coordi- to establish new Federal requirements of the Senator from Michigan (Mr. nation of the activities of the Depart- to improve pipeline safety, to authorize ABRAHAM) was added as a cosponsor of ment of Health and Human Services appropriations under chapter 601 of S. Res. 60, a resolution recognizing the with respect to research on autism. that title for fiscal years 2001 through plight of the Tibetan people on the for- S. 546 2005, and for other purposes. tieth anniversary of Tibet’s attempt to At the request of Mr. DORGAN, the S. 2005 restore its independence and calling for name of the Senator from Indiana (Mr. At the request of Mr. BURNS, the serious negotiations between China and BAYH) was added as a cosponsor of S. names of the Senator from Iowa (Mr. the Dalai Lama to achieve a peaceful 546, a bill to amend the Internal Rev- GRASSLEY), the Senator from Idaho solution to the situation in Tibet. enue Code of 1986 to allow a deduction (Mr. CRAIG), the Senator from Oregon S. RES. 251 for 100 percent of the health insurance (Mr. SMITH), the Senator from Indiana At the request of Mr. SPECTER, the costs of self-employed individuals. (Mr. LUGAR), the Senator from Ala- names of the Senator from New Hamp- S. 1159 bama (Mr. SESSIONS), and the Senator shire (Mr. GREGG), the Senator from At the request of Mr. STEVENS, the from Wyoming (Mr. THOMAS) were Mississippi (Mr. COCHRAN), and the name of the Senator from Minnesota added as cosponsors of S. 2005, a bill to Senator from New Hampshire (Mr. (Mr. GRAMS) was added as a cosponsor repeal the modification of the install- SMITH) were added as cosponsors of S. of S. 1159, a bill to provide grants and ment method. Res. 251, a resolution designating contracts to local educational agencies S. 2021 March 25, 2000, as ‘‘Greek Independence to initiate, expand, and improve phys- At the request of Mr. BROWNBACK, the Day: A National Day of Celebration of ical education programs for all kinder- name of the Senator from Texas (Mr. Greek and American Democracy.’’ garten through 12th grade students. GRAMM) was added as a cosponsor of S. f S. 1341 2021, a bill to prohibit high school and SENATE RESOLUTION 255—RECOG- At the request of Mr. DORGAN, the college sports gambling in all States NIZING AND HONORING BOB COL- name of the Senator from Indiana (Mr. including States where such gambling LINS, AND EXPRESSING THE BAYH) was added as a cosponsor of S. was permitted prior to 1991. CONDOLENCES OF THE SENATE 1341, a bill to amend the Internal Rev- S. 2035 TO HIS FAMILY ON HIS DEATH enue Code of 1986 to expand the appli- At the request of Mr. SPECTER, the Mr. DURBIN (for himself and Mr. cability of section 179 which permits name of the Senator from Ohio (Mr. FITZGERALD) submitted the following the expensing of certain depreciable as- DEWINE) was added as a cosponsor of S. resolution; which was considered and sets. 2035, a bill to amend title 49, United agreed to: S. 1619 States Code, to clarify the application S. RES. 255 At the request of Mr. DEWINE, the of the Act popularly known as the name of the Senator from Pennsyl- ‘‘Death on the High Seas Act’’ to avia- Whereas Bob Collins began his radio career tion incidents. at age 13 by running errands for a station in vania (Mr. SANTORUM) was added as a Lakeland, Florida, and had his own radio cosponsor of S. 1619, a bill to amend the S. CON. RES. 69 show by age 14; Trade Act of 1974 to provide for peri- At the request of Ms. SNOWE, the Whereas Bob Collins has been involved odic revision of retaliation lists or name of the Senator from Massachu- with Radio WGN 720 AM since 1974;

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S552 CONGRESSIONAL RECORD — SENATE February 9, 2000 Whereas when faced with the challenge of HOLLINGS AMENDMENT NO. 2818 fairs be authorized to meet during the replacing the legendary Wally Phillips in session of the Senate on Wednesday, 1986, Bob Collins became Chicago’s most pop- (Ordered to lie on the table.) Mr. HOLLINGS submitted an amend- February 9, 2000 at 10 a.m., for a hear- ular radio personality; ing regarding the Rising Cost of Col- Whereas Bob Collins hosted a radio show ment intended to be proposed by him on WGN 720 AM since 1986 in the 5 to 9 a.m. to amendment No. 2813 submitted by lege Tuition and the Effectiveness of slot, Monday through Friday; Mr. MURKOWSKI to the bill, S. 1287, Government Financial Aid. Whereas Bob Collins’ show was enjoyed by supra; as follows: The PRESIDING OFFICER. Without more than 600,000 listeners each week, was objection, it is so ordered. After Sec. 102., insert the following: the only show in Chicago to have a double- (3) PROHIBITION.—The Secretary of Energy SELECT COMMITTEE ON INTELLIGENCE digit share of the Chicago audience, and had may not permit the use of the Savannah Mr. MURKOWSKI. Mr. President, I more than twice the number of listeners as River Site as a location for backup storage his closest competitor; ask unanimous consent that the Select of commercial nuclear waste. Whereas Bob Collins entertained Committee on Intelligence be author- Chicagoland listeners with his contagious ized to meet during the session of the laugh, unique wit, and personal perspective CONRAD AMENDMENT NO. 2819 Senate on Wednesday, February 9, 2000 on public affairs; (Ordered to lie on the table.) at 2 p.m. to hold a closed hearing on in- Whereas Bob Collins received numerous Mr. CONRAD submitted an amend- telligence matters. recognitions for his accomplishments at ment intended to be proposed by him The PRESIDING OFFICER. Without WGN 720 AM, including 4 consecutive Mar- objection, it is so ordered. coni nominations, Billboard Magazine’s to amendment No. 2813 submitted by ‘‘Personality of the Year,’’ the Chicago Sun- Mr. MURKOWSKI to the bill, S. 1287, SUBCOMMITTEE ON CONSUMER AFFAIRS Times’ ‘‘Personality of the Year,’’ an Illinois supra; as follows: Mr. MURKOWSKI. Mr. President, I News Broadcasters’ Association award for On page 26, line 20 of the amendment, ask unanimous consent that the Con- on-the-spot news coverage, and the 1999 AIR strike ‘‘Minnesota’’ and insert ‘‘Minnesota, sumer Affairs Subcommittee of the Award for Best Morning Show on a News, North Dakota, South Dakota, Wisconsin, and Senate Committee on Commerce, Talk, Personality, or Sports Station; Michigan.’’ Science, and Transportation be author- Whereas Bob Collins worked tirelessly for f charitable causes throughout Chicago, and ized to meet on Wednesday, February 9, was honored with the Salvation Army’s Man AUTHORITY FOR COMMITTEES TO 2000, at 10:30 a.m. on reauthorization of of the Year Award, known as ‘‘The Other MEET the Federal Trade Commission. Award’’; The PRESIDING OFFICER. Without Whereas Bob Collins died tragically in a COMMITTEE ON AGRICULTURE, NUTRITION, AND objection, it is so ordered. plane crash on February 8, 2000, at the age of FORESTRY SUBCOMMITTEE ON INTERNATIONAL SECURITY, 57; and Mr. MURKOWSKI. Mr. President, I PROLIFERATION, AND FEDERAL SERVICE Whereas Bob Collins, known as ‘‘Uncle ask unanimous consent that the Com- Bobby,’’ will be sorely missed by Chicagoans: mittee on Agriculture, Nutrition, and Mr. MURKOWSKI. Mr. President, I Now, therefore, be it Forestry, be allowed to meet during ask unanimous consent that the Sen- Resolved, That the Senate— the session of the Senate on Wednes- ate Governmental Affairs Sub- (1) hereby recognizes and honors Bob Col- day, February 9, 2000. The purpose of committee on International Security, lins for— Proliferation, and Federal Services be (A) his work as Chicago’s most respected this meeting will be to discuss Federal dairy policy. authorized to meet during the session radio personality; and of the Senate on Wednesday, February (B) his philanthropic endeavors throughout The PRESIDING OFFICER. Without Chicago; and objection, it is so ordered. 9, 2000 at 2 p.m. for a hearing on the National Intelligence Estimate on the (2) sends its deepest condolences to his COMMITTEE ON BANKING, HOUSING, AND URBAN Ballistic Missile Threat to the United wife, Christine, and to his mother and father. AFFAIRS States. f Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without ask unanimous consent that the Com- AMENDMENTS SUBMITTED objection, it is so ordered. mittee on Banking, Housing, and Urban Affairs be authorized to meet f THE NUCLEAR WASTE POLICY during the session of the Senate on PRIVILEGE OF THE FLOOR AMENDMENTS ACT OF 2000 Wednesday, February 9, 2000, to con- duct a hearing on ‘‘Loan Guarantees Mr. CRAIG. Mr. President, I ask and Rural Television Service.’’ unanimous consent Kristine Svinicki HOLLINGS AMENDMENT NO. 2817 The PRESIDING OFFICER. Without of my staff, a congressional fellow in (Ordered to lie on the table.) objection, it is so ordered. my office, be allowed access to the floor for the duration of the debate on Mr. HOLLINGS submitted an amend- COMMITTEE ON ENVIRONMENT AND PUBLIC S. 1287. ment intended to be proposed by him WORKS The PRESIDING OFFICER. Without to amendment No. 2809 submitted by Mr. MURKOWSKI. Mr. President, I objection, it is so ordered. Mr. WYDEN to the bill (S. 1287) to pro- ask unanimous consent that the Sen- vide for the storage of spent nuclear ate Committee on Environment and f fuel pending completion of the nuclear Public Works be authorized to meet ADDITIONAL STATEMENTS waste repository, and for other pur- during the session of the Senate on poses; as follows: Wednesday, February 9, at 10:30 a.m., Strike all after the word ‘‘section’’ and in- to conduct a business meeting to con- TRIBUTE TO LIEUTENANT COM- sert the following: sider pending business. MANDER JOHN S. JENKINS, JR., 107. LIMITATION ON USE OF THE HANFORD NU- The PRESIDING OFFICER. Without JAGC, USN CLEAR RESERVATION AND THE SA- objection, it is so ordered. VANNAH RIVER SITE FOR WASTE ∑ Mr. WARNER. Mr. President, I rise STORAGE OR DISPOSAL. COMMITTEE ON FOREIGN RELATIONS today to recognize and honor Lieuten- Notwithstanding any other provisions of Mr. MURKOWSKI. Mr. President, I ant Commander John S. Jenkins, Jr., law, the Hanford Nuclear Reservation in the ask unanimous consent that the Com- Judge Advocate General’s Corps, State of Washington or the Savannah River mittee on Foreign Relations be author- Site located in the State of South Carolina United States Navy, as he departs the shall not be used for storage or disposal of— ized to meet during the session of the Office of Legislative Affairs and active (1) spent nuclear fuel or high-level radio- Senate on Wednesday, February 9, 2000, duty service. active waste from any civilian nuclear power at 10:30 am to hold a hearing. A native of Virginia, Lieutenant reactor; or The PRESIDING OFFICER. Without Commander Jenkins was commissioned (2) any spent nuclear fuel or high-level nu- objection, it is so ordered. an Ensign through the Naval ROTC clear waste generated by or in connection COMMITTEE ON GOVERNMENTAL AFFAIRS with operation of the Fast Flux Test Facil- Program upon graduation from the ity, except for fuel or waste generated solely Mr. MURKOWSKI. Mr. President, I University of Virginia in 1987. and directly from production of isotopes for ask unanimous consent that the Sen- Serving initially as a Surface War- medical diagnosis or treatment. ate Committee on Governmental Af- fare Officer, Lieutenant Commander

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S553 Jenkins performed in a consistently his constant energy and sincere com- Derrick has been and will continue to outstanding manner under the most mitment to the best interests of the be a force in the lives of many children challenging of circumstances during Navy. We wish John, and his lovely through the work of his foundation. his first sea tour aboard U.S.S. Carr wife Karen, our very best as he transi- Derrick Thomas was truly a humani- (FFG 52) where he was assigned as the tions to civilian law practice with one tarian, philanthropist and hero, not Combat Information Center Officer. In of Washington’s most prestigious law only to Kansas City, but to many 1988, U.S.S. Carr acted, with substan- firms and continued affiliation with around the country. His life was trag- tial contributions from Lieutenant the Navy through the Naval Reserve.∑ ically cut short at the age of 33, but his Commander Jenkins, as the On-Scene f influence will continue to make Amer- Commander during the rescue of 89 ica better for the youth of this country U.S. sailors from U.S.S. Bonefish as a REMEMBERING DERRICK THOMAS for many years to come. Thank you, result of a fire on board that sub- ∑ Mr. BOND. Mr. President, I rise Derrick.∑ marine. The following year, U.S.S. Carr today to express my sadness at the f distinguished itself during Operation news of the passing of one of the finest Earnest Will escorting of U.S flagged defensive football players ever, Derrick TRIBUTE TO DR. HILARY tankers during the Iran-Iraq War. Lieu- Thomas. KOPROWSKI tenant Commander Jenkins served as Derrick Thomas had a stellar 11 year ∑ Mr. SPECTER. Mr. President, on the one of the ship’s two Tactical Action career, all of which was spent with the 50th anniversary of Dr. Hilary Officers responsible for defending his Kansas City Chiefs. Among his numer- Koprowski’s feeding a child the very own ship and the escorted vessels dur- ous NFL achievements are 9 Pro Bowl first dose of oral polio vaccine, I am ing this crucial demonstration of U.S. appearances, 119.5 sacks, 3 safeties, and pleased to offer this tribute so that resolve in the Persian Gulf. In 1991, as 28 fumble recoveries; all of which are America and the world can know more a result of his distinguished record of K.C. records. In 1990, Derrick had 20 about this extraordinarily distin- achievement, he was selected from sacks in one season, setting a K.C. sin- guished scientist. I have come to know among his peers in an intensely com- gle season record. Dr. Koprowski as a friend, a counselor petitive process for the Navy’s funded When Derrick was just 5 years old, and a constituent. The world owes Dr. Law Education Program. He began law his father was shot down over Vietnam Koprowski an enormous debt of grati- studies at The George Washington Uni- on December 17, 1972. He was returning tude for his scientific achievements as versity Law School that fall and grad- from a mission called ‘‘Operation Line- he will celebrate on February 27, 2000 uated with high honors in 1994, receiv- backer Two.’’ As you can imagine, this the 50th anniversary of the first appli- ing the Charles Glover Award for the had a tremendous impact on young cation of his oral polio vaccine. highest grade point average as a third- Derrick. Eighteen years later, Derrick Vaccination of children in the United year student. Upon graduation, Lieu- was the most dominant linebacker in States, and mass vaccination trials tenant Commander Jenkins was as- the National Football League. His with oral vaccine in Africa and Poland, signed as a judge advocate to the Naval most impressive performance came paved the way for the eradication of Legal Service Office, Norfolk, Virginia, against the Seattle Seahawks when he paralytic polio in the Americas since were he served as Senior Defense Coun- made a NFL record 7 sacks in one 1991 and, hopefully, the elimination of sel and Trial Counsel in courts-martial game. As fate would have it, that game polio from the rest of the world this at the Navy’s largest and busiest legal was on Veteran’s Day. year. Prior to the discovery of the oral service command. Mr. President, while he certainly vaccine, polio, a crippling disease, Since April, 1997, Lieutenant Com- made an impact on the quarterbacks claimed numerous victims throughout mander Jenkins has served as Legisla- that played against him, he made a the world. In the period from 1951 tive Counsel in the Navy’s Office of much larger impact in the lives of through 1953, here in the United States, Legislative Affairs. In this capacity he those he touched through his philan- 26 cases of polio were recorded for has been a major asset to the Depart- thropic efforts. During his career he re- every 100,000 people. ment of the Navy and Congress. While ceived the League’s two most pres- Dr. Hilary Koprowski is one of the relatively junior in rank, Lieutenant tigious humanitarian awards. In 1993 most distinguished and respected bio- Command Jenkins’ maturity, judg- he was the youngest man to ever win medical researchers in the world recog- ment, initiative and intelligence have the NFL Man of the Year and in 1995 he nized for his many achievements in- made him a valued advisor to the very won the Byron ‘‘Whizzer’’ White Hu- cluding the development of the first top echelons of the Navy and Congress manitarian Award for service to team, oral polio vaccine, in 1950, and the de- on issues of great importance to our community and country. The Humani- velopment of the genetically engi- national security. His insight into the tarian Award is the most prestigious neered oral rabies vaccine used all over legislative process is respected and award given by the NFL Players Asso- the world. Dr. Koprowski pioneered the sought out by all levels of the chain of ciation. development of monoclonal antibodies command. Lieutenant Commander Jen- In 1993 he delivered the keynote ad- for the detection and treatment of can- kins’ dedicated service and his ability dress at the Vietnam Veterans Memo- cer. Dr. Koprowski continues his im- to effectively articulate the Navy’s po- rial during the annual Memorial Day portant work on gene-related vaccine sition to Members of Congress and ceremony. By delivering the Keynote using his wide scientific experience and their staffs have contributed directly address, he joined the ranks of other profound scientific knowledge com- and substantially to the Navy’s future great Americans such as Bob Hope and bined with strong organizational in- readiness and the success of its legisla- General Colin Powell. Derrick said ad- sight. Dr. Koprowski is the Director of tive initiatives. dressing those who served with his fa- the Biotechnology Foundation Labora- Lieutenant Commander Jenkins’ dis- ther was one of his greatest honors. tories and the Center for Neurovirology tinguished awards include the Meri- By far, his greatest contribution was at Thomas Jefferson University and is torious Service Medal, the Navy Com- founding the Third and Long Founda- Professor Laureate at the Wistar Insti- mendation Medal, and the Navy tion. The foundation’s goal is to help tute. From 1957 to 1991, as Director, Dr. Achievement Medal with two gold stars inner-city children by ‘‘sacking illit- Koprowski led the Wistar Institute, in lieu of subsequent awards. eracy.’’ As part of the program, Der- where he is currently on the Board, to The Department of the Navy, Con- rick would read to children at local li- become one of the nation’s leading bio- gress, and the American people have braries each home Saturday during the medical research institutions with a been served well by this dedicated season. President Bush designated Der- staff of more than 600 people. naval officer. John Jenkins is a young rick as the 832nd point of light for his Dr. Koprowski is a member of the Na- man who knew he could make a dif- work with the foundation. Derrick said tional Academy of Sciences, the Amer- ference and have an impact, and did. once that he didn’t want to be remem- ican Academy of Arts and Sciences, the Those in this Congress who have had bered or rewarded for what he did in New York Academy of Sciences and the opportunity to work with him will football, but that if he helped one child twenty-eight other learned institu- remember him warmly and will miss become a success, that is all he needed. tions. He is a recipient of more than

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S554 CONGRESSIONAL RECORD — SENATE February 9, 2000 eighteen major awards, including the WGN 720 AM, including 4 consecutive Mar- LEGISLATIVE SESSION Order of the Lion, awarded by the King coni nominations, Billboard Magazine’s ‘‘Personality of the Year,’’ the Chicago Sun- The PRESIDING OFFICER. Under of Belgium, the Legion of Honor of the previous order, the Senate will re- France and the Nicolaus Copernicus Times’ ‘‘Personality of the Year,’’ an Illinois News Broadcasters’ Association award for turn to legislative session. Medal of the Polish Academy of on-the-spot news coverage, and the 1999 AIR f Sciences. In 1990, he received the most Award for Best Morning Show on a News, prestigious honor of his home city, the Talk, Personality, or Sports Station; ORDERS FOR THURSDAY, Philadelphia Award. He is the author Whereas Bob Collins worked tirelessly for FEBRUARY 10, 2000 charitable causes throughout Chicago, and or co-author of more than 850 scientific Mr. MURKOWSKI. Mr. President, I papers. was honored with the Salvation Army’s Man of the Year Award, known as ‘‘The Other ask unanimous consent that when the In addition to his truly outstanding Senate completes its business today, it career in medicine, Dr. Koprowski Award’’; Whereas Bob Collins died tragically in a adjourn until the hour of 10 a.m. on holds degrees in Music from the War- plane crash on February 8, 2000, at the age of Thursday, February 10. I further ask saw Conservatory as well as the Santa 57; and unanimous consent that on Thursday, Cecilia Academy of Music in Rome. His Whereas Bob Collins, known as ‘‘Uncle immediately following the prayer, the compositions are published and are Bobby,’’ will be sorely missed by Chicagoans: Journal of proceedings be approved to Now, therefore, be it currently being played by various or- date, the morning hour be deemed ex- chestras. Resolved, That the Senate— (1) hereby recognizes and honors Bob Col- pired, the time for the two leaders be His biography, ‘‘Listening to Music’’, reserved for their use later in the day, by Roger Voughan, was recently pub- lins for— ∑ (A) his work as Chicago’s most respected and the Senate then resume consider- lished by Springer-Verlag. radio personality; and ation of S. 1287, the nuclear waste dis- f (B) his philanthropic endeavors throughout posal bill, under the previous order. Chicago; and HONORING BOB COLLINS Mr. REID. Reserving the right to ob- (2) sends its deepest condolences to his ject. wife, Christine, and to his mother and father. Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Objec- ask unanimous consent that the Sen- tion is heard. f ate proceed to the immediate consider- Mr. REID. Mr. President, it is my un- ation of S. Res. 255, introduced earlier derstanding that under this unanimous today by Senator DURBIN and Senator EXECUTIVE SESSION consent agreement that has been pro- FITZGERALD. posed, morning business will transpire The PRESIDING OFFICER. The after the unanimous consent agree- clerk will report the resolution by ment is entered, but that there will be title. EXECUTIVE CALENDAR a limitation in that Senators LAUTEN- The assistant legislative clerk read Mr. MURKOWSKI. Mr. President, I BERG and ASHCROFT will be the only ask unanimous consent that the Sen- as follows: two Senators speaking as in morning ate immediately proceed to executive A resolution (S. Res. 255) recognizing and business, and following their speaking honoring Bob Collins, and expressing the session to consider executive nomina- the Senate will close for the day. condolences of the Senate to his family on tion No. 412, which are Army National Mr. MURKOWSKI. I haven’t finished his death. Guard nominations reported by the yet, but I believe that is going to be Armed Services Committee on Feb- There being no objection, the Senate the result of the statement. ruary 8. proceeded to consider the resolution. The PRESIDING OFFICER. Is objec- I further ask unanimous consent that Mr. MURKOWSKI. I ask unanimous tion withheld? the nominations be confirmed, the mo- consent that the resolution and the Mr. REID. I withdraw my objection tions to reconsider be laid upon the preamble be agreed to en bloc, the mo- to that part of the unanimous consent table, any statements relating to the tion to reconsider be laid upon the request. nominations be printed in the RECORD, table, and any statements relating The PRESIDING OFFICER. The Sen- ECORD and the President be immediately noti- thereto be printed in the R . ator from Alaska. fied of the Senate’s action, and the The PRESIDING OFFICER. Without Mr. MURKOWSKI. Again, I ask unan- Senate then return to legislative ses- objection, it is so ordered. imous consent that when the Senate sion. The resolution (S. Res. 255) was completes its business today, it ad- The PRESIDING OFFICER. Without agreed to. journ until the hour of 10 a.m. on objection, it is so ordered. The preamble was agreed to. Thursday, February 10. I further ask The nominations were considered and The resolution, with its preamble, unanimous consent that on Thursday, confirmed as follows: reads as follows: immediately following the prayer, the S. RES. 255 ARMY Journal of proceedings be approved to Whereas Bob Collins began his radio career The following Army National Guard of the date, the morning hour be deemed ex- at age 13 by running errands for a station in United States officers for appointment in the pired, the time for the two leaders be Lakeland, Florida, and had his own radio Reserve of the Army to the grade indicated reserved for their use later in the day, show by age 14; under title 10, U.S.C., section 12203: and the Senate then resume consider- Whereas Bob Collins has been involved To be major general with Radio WGN 720 AM since 1974; ation of S. 1287, the nuclear waste dis- Brig. Gen. Robert L. Halverson, 0000 Whereas when faced with the challenge of posal bill, under the previous order. replacing the legendary Wally Phillips in To be brigadier general The PRESIDING OFFICER. Without 1986, Bob Collins became Chicago’s most pop- Col. Edmund T. Beckette, 0000 objection, it is so ordered. ular radio personality; Col. James J. Bisson, 0000 Whereas Bob Collins hosted a radio show Col. Raymond C. Byrne, Jr., 0000 f on WON 720 AM since 1986 in the 5 to 9 a.m. Col. Daniel D. Densford, 0000 PROGRAM slot, Monday through Friday; Col. Jeffrey L. Gidley, 0000 Whereas Bob Collins’ show was enjoyed by Col. Danny H. Hickman, 0000 Mr. MURKOWSKI. For the informa- more than 600,000 listeners each week, was Col. James D. Johnson, 0000 tion of all Senators, the Senate will re- the only show in Chicago to have a double- Col. Dennis M. Kenneally, 0000 sume consideration of the nuclear digit share of the Chicago audience, and had Col. Dion P. Lawrence, 0000 waste bill at 10 a.m. By previous con- more than twice the number of listeners as Col. Robert G. Maskiell, 0000 sent, the time until 11 a.m. will be his closest competitor; Col. Daryl K. McCall, 0000 equally divided between the bill man- Whereas Bob Collins entertained Col. Terrell T. Reddick, 0000 agers for final debate. Also, by previous Chicagoland listeners with his contagious Col. Ronald D. Taylor, 0000 laugh, unique wit, and personal perspective Col. John T. Von Trott, 0000 consent, a vote on final passage is on public affairs; Col. William H. Weir, 0000 scheduled to occur at 11 a.m. There- Whereas Bob Collins received numerous Col. Dean A. Youngman, 0000 fore, Senators can expect the first vote recognitions for his accomplishments at Col. Walter E. Zink II, 0000 to occur at approximately 11 a.m.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S555 ORDER FOR ADJOURNMENT ris and Klebold. Four months later, stormed into a Jewish community cen- Mr. MURKOWSKI. If there is no fur- Harris and Klebold used all three of ter near Los Angeles and shot two chil- ther business to come before the Sen- those guns in their murderous ram- dren and a senior citizen. Later that ate, I now ask that the Senate stand in page. day, before this culprit was appre- adjournment under the previous order This is what Ms. Anderson said dur- hended, he shot and killed a postal ing her testimony: worker. In September, more gun vio- following the remarks of Senator LAU- Eric Harris and Dylan Klebold had gone to lence—a gunman in Fort Worth, TX, TENBERG and Senator ASHCROFT. the Tanner gun show on Saturday and they It is my understanding that tomor- walked into a Baptist church and took me back with them on Sun- killed seven young people who were row the two sides will have 1 hour day....While we were walking around, equally divided. Sometimes we start a there for a prayer meeting before Eric and Dylan kept asking sellers if they shooting himself. In November, the little late around here, in spite of our were private or licensed. They wanted to buy worst mass shooting in Hawaii’s his- efforts. their guns from someone who was private— tory—a Xerox employee killed seven The PRESIDING OFFICER. Without and not licensed—because there would be no coworkers. Yet another school shoot- objection, it is so ordered. paperwork or background check. ing in December—a seventh grader in The PRESIDING OFFICER. The Sen- That was her statement to the com- Fort Gibson, OK, takes his father’s gun ator from New Jersey. mittee in the Colorado House. As all can see, they had one mission: to avoid to school and wounds four classmates. Mr. LAUTENBERG. Mr. President, I That is what we see. It doesn’t mat- think I heard the Senator from Alaska a background check. I am the author of a piece of legisla- ter what the heritage is of the individ- say 10 minutes for each of us who were uals; race or religion doesn’t matter. going to speak in morning business. I tion we tried to get through the Senate that said we ought to have everybody Everybody is subject to this kind of vi- ask unanimous consent that up to 15 olence if they are in the wrong place at available for a background check. We minutes be allocated to me. the wrong time. These are just the know those unlicensed dealers who Mr. MURKOWSKI. I have no objec- shootings that got the most attention. were able to sell at these gun shows— tion. Month after month, the death toll from and there are over 4,000 gun shows a The PRESIDING OFFICER. Without gun violence continues to mount. From year—unless a State law says no, can objection, it is so ordered. Colorado to Georgia, from Ohio to Cali- sell guns to anybody who has the fornia, from Texas to Hawaii, families f money. They can put them in the back across this country continue to mourn. GUN SAFETY of their car. They can carry them on What do we do here in Congress Mr. LAUTENBERG. Mr. President, their shoulder. Even someone who is about it? Nothing. It is a disgrace. on April 20, we are going to mark a 1- listed on the 10 Most Wanted—crimi- Of course, the Senate did pass several year anniversary of the terrible trag- nals—could qualify to buy a gun from reasonable measures as part of the Ju- edy that occurred at Columbine High one of these dealers. venile Justice bill, including the Tragically, these three young people School in Colorado. That was the day amendment I mentioned before, which found three gun dealers, and they when two teenagers, Eric Harris and would prevent criminals from being bought their deadly weapons. This is Dylan Klebold, walked into the school able to buy guns at gun shows. what she had to say about gun sales at and sprayed the library and cafeteria Technically, this legislation is stuck gun shows: with gunfire, killing 12 classmates and in a conference committee. For those a teacher and wounding many others. It was too easy. I wish it had been more who are not part of the structure here, difficult. I wouldn’t have helped them buy the conference committee is where leg- A few who were aware of what took the guns if I had faced a background check. place that day will never forget that islation is finally resolved when the Robyn Anderson said that in front of House committee and the Senate com- horrible scene of a young man jumping the Colorado legislature. This shows out a window, people running, weeping, mittee, with similar jurisdiction, meet clearly that background checks for gun together and argue out the differences, the whole place in disarray, students sales can make a difference. They can lying on the ground wounded, some fa- if any, in a bill. But it would be more keep guns out of the wrong hands. accurate to say that it is being held tally. When the National Rifle Association You would have thought by now, 9 hostage by the extremists at the NRA says that our gun laws are sufficient, it and the politicians who march lockstep months after that massacre, that Con- is wrong. They are simply out of line. gress would have been able to get to- to their commands. There is a glaring loophole—the gun We have to free this legislation, and gether to pass commonsense gun safety show loophole—which Congress must we dare not let the gun lobby prevail measures. Some of my colleagues will close. over the vast majority and the will of say there is not much we can do about There is no more time for delay. The the American people who simply want it. American people are requesting action, to make their families a little safer. No, we cannot go back and undo that demanding it, if you look at surveys. I I urge my colleagues to join with me tragedy, but we sure can do something hope my colleagues will complete ac- in pushing the congressional leadership that maybe will prevent something tion on the juvenile justice bill because to finish work on the juvenile justice similar from happening in the future. it did contain a prohibition on gun bill. We want to do it before there is It is preposterous to say we can’t do sales that are done at gun shows with- another episode of gun violence, an- anything better. We can do a lot about out a background check. Now, that was other loss of life that could be avoided. it. Reasonable gun safety legislation knocked out of the House bill as it We have to do more to stop the gun vi- can make a difference. came over to the Senate for con- olence, the epidemic that lies within For proof, I ask that we take a look ference. But the fact is that it was in our country. I hope we will be able to at testimony of the young woman, the Senate bill, and we ought to in- do it soon. Robyn Anderson, before the Judiciary clude it in any bill that finally passes. With that, I yield the floor. Committee of the Colorado House of Let’s do it before we mark the anniver- The PRESIDING OFFICER. The Sen- Representatives. In case the name isn’t sary of that terrible day at Columbine ator from Missouri is recognized. familiar, Robyn Anderson is the young High School, showing that we are seri- f woman who went with Harris and ous and that we care about what hap- Klebold to the Tanner gun show in pened. REMEMBERING DERRICK THOMAS Adams County, CO. It was in late 1998. In the nine months since April 20, we Mr. ASHCROFT. Mr. President, it is She wanted to help them buy guns. have seen more terrible shootings and with great sadness that I come to the Harris and Klebold were too young to bloodshed. In May of last year, a teen- floor today. Just a few days ago, on buy guns because they had an 18-year ager in Conyers, GA, shot and injured February 1, I came here to talk about age limit, but Robyn Anderson was 18. six of his classmates. In July, a gun- a professional football achievement, She bought three guns at that gun man in Ohio shot three teenage girls congratulating the St. Louis Rams on show, two shotguns, and a rifle, and and the teacher of a Bible study group. their Super Bowl victory. It was a tre- immediately handed them over to Har- In August, a white supremacist mendous victory.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S556 CONGRESSIONAL RECORD — SENATE February 9, 2000 Today, I come to the floor on what reer as a Kansas City Chief, he began time with his Dad. We love you and will miss may seem to some to be another ‘‘foot- an inner-city reading program called you Derrick. Rest in Peace. ball story,’’ albeit one that is much the ‘‘Third and Long Foundation.’’ As And finally, not only are Chiefs fans more tragic. I want to make remarks part of it, he read to children at local saddened, but others who recognized about my friend, Kansas City Chiefs’ libraries on Saturdays when he was his talents as well. Listen to what linebacker Derrick Thomas. I want to home in Kansas City during the season. Lance Reynolds had to say: talk about more than just professional He was No. 832 among President I have been a Raider fan for over 20 years. sports. I believe what is important in George Bush’s celebrated ‘‘Thousand Derrick Thomas single handedly ruined at life is not what game you play but how Points of Light.’’ He was named the least a dozen Sunday afternoons for me; de- you play the game to which you are NFL’s Man of the Year in 1993. Two stroying O-tackles, tight-ends and quarter- called. I want to share my thoughts on years later, he received the Byron backs of the Silver & Black. The Raiders- ‘‘Whizzer″ White Humanitarian Award Chiefs rivalry runs deep. Even though, I have a young man who was a true profes- found myself pacing the Chiefs sidelines the sional. from the NFL Players Association for past couple of weeks avidly cheering for Der- Yesterday, the Kansas City Chiefs’ his service to the community. In addi- rick Thomas’ quick recovery. Today I find great linebacker, Derrick Thomas, died tion, he received the Genuine Heroes myself amongst the millions mourning his of cardiorespiratory arrest, a complica- Award from Trinity College in Chicago. death. Derrick Thomas, you wickedly ruth- tion from a tragic automobile accident But more important than accolades less foe, God Bless You! You are already of January 23. The accident occurred from several foundations was the love missed! on a snow and ice-covered stretch of and respect directed toward Derrick by From time to time, we are compelled Interstate 435 in Clay County, MO, as the people of Kansas City. They under- to pause and consider the real and last- Derrick and two of his friends were stood that Derrick helped bring an in- ing value of the things we hold dear. headed to the airport to fly to St. vigorated sense of civic pride and com- For Missouri football fans like me, Louis for the NFC championship game munity and togetherness to Kansas today is a reminder that, as much as between St. Louis Rams and the City, and the Chiefs fans were inspired we love the game, it is just a game. Tampa Bay Buccaneers. To Derrick’s by his sunny smile, his giving heart, To those to whom we look for exam- many loyal fans, the news of his death and his winning ways. The arrival of ples, we extend our thanks, and we give is stunning and saddening—profoundly Carl Peterson and Derrick Thomas to our thanks to Derrick, for he was one saddening. Kansas City marked the resurrection of who excelled not just on the field but The life of Derrick Thomas, who Lamar Hunt’s historic franchise. The inspired us by an example and called us lived but 33 years, should be celebrated. people of Kansas City loved Derrick to our highest and best. His accomplishments on the field and Thomas—as a Chief and as a person. Friends such as Derrick Thomas are off the field were substantial. An All- Carl Peterson, at yesterday’s news con- a rare and special gift to each of us. We American at the University of Ala- ference, clearly communicated his deep will miss him. Our prayers are with his bama, he became an instant star with respect and profound joy in his associa- family his friends and each other as we, the Kansas City Chiefs after his selec- tion with Derrick. his fans, across the Nation and cer- tion in the first round of the 1989 draft. Others expressed themselves elo- tainly across Missouri and Kansas City He was named as an All-Pro in each of quently as Kansas City Chiefs fans are saddened by this very substantial his first nine seasons in the league. who, visiting the Web site on the loss. Derrick ranked ninth on the all-time Sports Illustrated chat room, left re- Thank you, Mr. President. list in career quarterback sacks. marks about this great football player. I suggest the absence of a quorum. Chiefs fans will never forget the day The first remark I would like to call to The PRESIDING OFFICER (Mr. in 1990 when No. 58 set the amazing sin- your attention is from a fan who calls ALLARD). The clerk will call the roll. gle-game record of seven sacks in a himself ‘‘Frank L.’’ In a frank evalua- The assistant legislative clerk pro- game against the Seattle Seahawks on tion, perhaps, he put it this way: ceeded to call the roll. Veterans Day. What some people don’t Thanks for everything, D.T. [Derrick Mr. GRAMS. Mr. President, I ask know is that Derrick dedicated his ef- Thomas]. You helped bring our city to life unanimous consent that the order for forts on Veterans Day to his father, an and gave us a common cause. While doing the quorum call be rescinded. Air Force pilot killed in Vietnam in that you helped a lot of those less fortunate. The PRESIDING OFFICER. Without Operation Linebacker II when Derrick Now you are with your father that you al- objection, it is so ordered. was just five. ways talked about and never knew. Back Mr. GRAMS. Mr. President, I ask The fighters from nearby Whiteman here in the land of the free and the home of the Chiefs we will never forget you. God unanimous consent that I be allowed to Air Force Base periodically do a fly-by bless your soul. speak for such time as I may consume during pre-game ceremonies. The despite the order. That line back there, ‘‘in the land of planes, according to Derrick Thomas, The PRESIDING OFFICER. Without the free and the home of the Chiefs,’’ is reminded him of his father and pro- objection, it is so ordered. the way they sing the anthem at the vided inspiration for some of his great- Mr. GRAMS. I thank the Chair. stadium. They didn’t want to say the est and most spectacular performances. ‘‘brave,’’ so they said the ‘‘Chiefs.’’ f I have been at Arrowhead Stadium be- Derrick knew that and enjoyed it. fore games for those pre-game cere- NUCLEAR WASTE POLICY ACT Listen to what a fan, called Big58, monies, when in the parking lot there AMENDMENTS says. And, of course, we all know Der- was tailgating, with the smoke from Mr. GRAMS. Mr. President, I want to rick was No. 58. He wore that number the barbecue and the roar from the jets take some time today to express my on his jersey. A fan who identified him- as they crossed the field in a fly-by. It outrage with the way the federal gov- self as Big58 said: is a moving experience, but it moved ernment has handled its responsibility none of us as much as it moved Derrick I can’t believe that Derrick is gone. He was to remove and store nuclear waste one of my heroes for more than a decade from 41 states across the country and Thomas, who set records based on the now. Derrick did so much for the Kansas inspiration that reminded him of his City community and the people here. It to outline my thoughts on the bill be- dad. wasn’t loved in KC because he was such a fore us. I’m also going to speak about Derrick will, no doubt, enter the pan- great athlete. He was loved in KC because of my expectations for the future of nu- theon of Kansas City’s great athletes— the person he was. The time and money he clear energy and the future of nuclear George Brett, Tom Watson, and Len gave to help the kids of the Kansas City waste storage in the State of Min- Dawson, just to name a few. But Der- community was enormous. And who can for- nesota. rick’s accomplishments off the field get his Veterans Day performances dedicated First, I hope the Senate will indulge are worthy of note as well. He was that to his father who was killed in Vietnam? me while I review the process that has They were always D.T. at his best. At least kind of special star who took all that D.T. will have some great company along brought all of us here today. he gained from his talents and gave with our Lord in Heaven. I’ll bet he’s chasing As everyone in this chamber knows, back with generosity, energy, and joy around Walter Payton right now. And ya Washington’s involvement in nuclear to his community. Very early in his ca- know what, Derrick will finally get to spend power isn’t new. Since the 1950’s

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S557 ‘‘Atoms for Peace’’ program, the fed- farmers, businesses, and individuals other Members over the roughly 5 eral government has promoted nuclear who are served by nuclear power are years I have been in the Senate to es- energy, in part, by promising to re- served by one of the most reliable tablish an interim repository for nu- move radioactive waste from power sources of electricity. clear waste and to be able to move for- plants. Third, nuclear energy is a home- ward with the development of a perma- Congress decisively committed the grown technology, and the United nent repository. We have brought a bill federal government to take and dispose States led the way in its development. to the floor that accomplishes those of civilian radioactive waste beginning We have long been the world leader in objectives in each of the past two Con- in 1998 through the Nuclear Waste Pol- nuclear technology and continue to be gresses. Each time, we passed the bill icy Act of 1982, and its amendments in the largest nuclear-producing country in both the House and the Senate with 1987. in the world. Using nuclear power in- overwhelming bipartisan support. Just This is nothing new. Eighteen years creases our energy security. over 2 years ago, we passed by a vote of ago Congress decided that the Federal Finally, much of the world recognizes 65–34 a bill that would have removed Government was going to take this those same values and promotes the nuclear waste from States, and the waste beginning in 1998, and also by use of nuclear power because of its reli- House passed the bill with 307 sup- amendments in 1987 reestablish those ability, its environmental benefits, and porters—a veto-proof majority in the facts. its value to energy independence. House. These acts established the DOE Of- Because of those reasons, the Federal We have had extensive debate with fice of Civilian Radioactive Waste Man- Government threw one more bone to the opportunity for anyone to offer agement to conduct the program, se- our Nation’s utilities. It said if you amendments. We have thoroughly ad- lected Yucca Mountain, Nevada as the build nuclear power, we will take care dressed most issues related to nuclear site to assess for the permanent dis- of your nuclear waste, we will build a waste storage, including the transpor- posal facility, established fees of a repository, and we will take it out of tation of waste across the United tenth of a cent per kilowatt hour on your State. States. Yet every time we have passed nuclear-generated electricity—and pro- In response to those promises—again, a bill that fulfills the Federal Govern- vided that these fees would be depos- those promises the Federal Govern- ment’s commitments, President Clin- ited in the Nuclear Waste Fund. Fur- ment said you can take to the bank— ton has issued his veto threat and he thermore, it authorized appropriations over 30 States took the Federal Gov- has stopped our efforts in their tracks. from this fund for a number of activi- ernment at its word and allowed civil- After years of trying to establish an ties, including development of a nu- ian nuclear energy production to move interim storage site, we are now left clear waste repository. forward. with only the ability to make some Eventually, publication of the Stand- As I mentioned earlier, ratepayers smaller changes to the nuclear waste ard Contract addressed how radioactive agreed to share some of the responsibil- program and condition the date for re- waste would be taken, stored, and dis- ities but again were promised some moval of waste on the authorization posed of. The DOE then signed indi- things in return. They agreed to pay a for construction of the permanent re- vidual contracts with all civilian nu- fee, attached to their energy bill, to pository. clear utilities promising to take and pay for the proper handling of the I want to tell my colleagues that I dispose of civilian high-level waste be- spent nuclear fuel, in exchange for as- am not overly joyous about the bill be- ginning January 31, 1998—over two surances that the Federal Government fore the Senate today. In fact, I don’t years ago. Other administrative pro- meet its responsibility to manage any think this bill does enough. But I don’t ceedings, such as the Nuclear Regu- waste storage challenge. Again, con- blame those who support the bill for latory Commission’s Waste Confidence tracts were made, contracts were what the bill does not do, and neither Rule, told the American public that signed. should anyone else across the Nation they should literally bank on the fed- Because of these procedures and or anyone here in Congress. If anyone eral government’s promise. measures taken by the Federal Govern- is at fault for the lack of a definite ac- In other words, take this promise to ment, ratepayers have now paid over tion and definitive action on this issue, the bank. $15 billion, including interest, into the it is the Clinton administration. I think this point needs to be clearly nuclear waste fund. Today these pay- As my colleagues are very well understood by the Members of this ments continue, exceeding $1 billion aware, my main concerns with the nu- body. dollars annually, or about $70,000 for clear waste storage issue have centered Our nation’s nuclear utilities didn’t every hour of every day of the year. on two major issues. First, the rate- go out and invest in nuclear power in In summary, the Federal Govern- payers of Minnesota have paid count- spite of federal government warnings of ment promoted nuclear power, utilities less millions into the nuclear waste future difficulties. Instead, they were agreed to invest in nuclear power, fund, and they expect nuclear waste to encouraged by the federal government States agreed to host nuclear power- leave Minnesota at a reasonable date. to turn to nuclear power to meet in- plants, and ratepayers assumed the re- More specifically, Minnesota rate- creasing energy demands. sponsibility of investing in long-term payers expect nuclear waste to leave Utilities and states were told to storage of nuclear waste. our State no later than beginning on move forward with investments in nu- Still, nuclear waste is stranded on January 31, 1998. We all know that it clear technologies because it’s a sound the banks of the Mississippi River in didn’t, and we all have known it won’t source of energy production. Minnesota and on countless other sites be leaving anytime soon no matter And the federal government’s support across the country because the Depart- what we do this week in the Senate. for nuclear power was based on some ment of Energy has a very short-term Second, because the State of Min- very sound considerations. memory, and this administration has nesota recognized in the early 1990s the First, nuclear power is environ- virtually no sense of responsibility. We Federal Government would not meet mentally friendly. Nothing is burned in can all argue all day long on the floor its obligation to remove spent nuclear a nuclear reactor, so there are no emis- of this Chamber on the merit of nu- fuel from the State by January 1998, it sions in the atmosphere. In fact, nu- clear power, but we cannot stand here placed a limit on the amount of onsite clear energy is responsible for over 90 today and deny that the Federal Gov- waste storage at Northern States percent of the reductions in greenhouse ernment promoted nuclear power and Power Company’s Prairie Island Facil- gas emissions that have come out of promised to take care of nuclear waste ity. Northern States Power agreed to the energy industry since 1973. Between and that there is nuclear waste piled that limit. But it now appears the 1973 and 1996, nuclear power accounted up around the country. State-imposed limit for this onsite for emissions reductions of 34.6 million The Clinton administration, however, storage will be reached sometime in tons of nitrogen oxide and another 80.2 would have you believe that they do the year 2007, and then two nuclear re- million tons of sulfur dioxide. not have a responsibility to deal with actors that produced 20 percent of Min- Second, nuclear power is a reliable nuclear power. I have been working nesota’s electricity will be forced to base load source of power. Families, with Senator MURKOWSKI and many shut down.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S558 CONGRESSIONAL RECORD — SENATE February 9, 2000 At a time when we are trying to re- unreachable regulations governing the natives available to NSP and the Fed- duce carbon dioxide, sulfur dioxide, and radiation standard for the permanent eral Government which would allow other emissions across the country, repository. The EPA should not be al- NSP to operate the Prairie Island Nu- Minnesota will be losing 20 percent of lowed to unilaterally set an unreason- clear Generating Plant until the end of its emissions-free electricity genera- able radiation standard aimed solely at the term of its current NRC licenses, tion, and it will be replaced with fossil ensuring the permanent repository is assuming existing State and Federal fuels. The loss of those two reactors never built. laws remain unchanged. also means increased costs to rate- The radiation standard should pro- I want to get the DOE engaged in dis- payers, as Minnesotans will continue tect long-term human health and cussions and cooperation with the to pay in their rates for the operation should be based on the best science State of Minnesota and NSP on this of the nuclear facility even after it is available—but it should not be a bullet matter. Unfortunately, I have not seen shut down. Security will be needed, aimed at the heart of the permanent a willingness within federal agencies to people will have to remain onsite to repository. work with the State of Minnesota and monitor both the waste in casks and Fifth, this bill addresses the prob- NSP on what options might exist that the spent rods and the storage pool. lems just across the Minnesota border would facilitate a resolution of this Water systems will have to remain with Dairyland Power Cooperative. dispute. working, as will any emergency re- They have been requesting and needing I want to get everyone working to- sponse teams. In fact, the costs of oper- some relief from their specific problem gether on this problem now, not 6 years ations may not reduce much at all. The and have tremendous support in Min- from now when a shutdown is immi- ratepayers will pay the bill and they nesota. nent. will get nothing for it. So there are In fact, the Minnesota Rural Electric Additionally, my language will re- some big problems that need to be ad- Association strongly supports this bill quire the General Accounting Office to dressed in my State, and it will require for that very reason. issue a report on the potential eco- the participation and also the leader- Sixth, I believe this bill is a step for- nomic impacts to Minnesota rate- ship of the Federal Government. ward for nuclear power. There are pro- payers should the Prairie Island facil- While this bill does not immediately visions in the bill that allow for addi- ity cease operations once it has met its fix either of these concerns, it does tional research into the transmutation state imposed storage limitation—in- make some progress that I believe is of nuclear waste and the viability of re- cluding the costs of new generation, de- important to move forward. First, processing. Senator DOMENICI and I commissioning costs, and the costs of while this legislation doesn’t move traveled to France and examined their continued operation of on-site storage waste from Minnesota or any other waste program and reprocessing facili- of spent nuclear fuel storage. I am hopeful this information will State on a specific date, it does ad- ties. give both policymakers and ratepayers vance the removal date by allowing the France has taken our technology and a clearer indication of exactly what a construction of an early acceptance fa- used it to create an amazingly inte- shutdown of the facility means not cility upon approval of construction for grated and well planned program that only to the reliability of their electric the permanent repository. Right now, allows them to derive over 80 percent service, but to the checkbooks of Min- that would mean sometime in late 2006 of their electricity from nuclear power. nesota families as well. or sometime early 2007. For them, our fascination with nuclear Under the current situation, we Finally, I believe it was vitally im- waste is perplexing. They can deal with won’t move waste until the permanent portant that we removed the take title their waste. provision from this legislation. I do not repository is built and operating—and I stood on the floor under which all no one is quite sure when that will be. believe we should give the DOE any of their nuclear waste is now stored. We thought we had a date certain for further opportunities to leave waste We need to take another look at how the removal of waste—again, going where it now sits. Allowing the DOE to we think about both nuclear power and back to the old contracts, bills passed take title to waste is a dangerous prop- nuclear waste storage and this bill al- in 1982, that it would begin no later osition for ratepayers. lows for that to happen. than January 31, 1998. Again, the De- I was proud to join Senators COLLINS, Seventh, this bill does not include ev- partment of Energy ignored it as if it SNOWE, and JEFFORDS in offering the erything I believe it should. I have didn’t exist, that the contracts they amendment to delete the take title tried to address the situation with signed didn’t matter, and had no bear- provision and I am grateful Senator Northern States Power but right now ings. They continue to do the same yet MURKOWSKI deleted the take title pro- we do not have a perfect answer. I be- today. vision from the manager’s amendment This bill tries to establish a reason- lieve keeping Prairie Island open and as well. able threshold for the construction of operating will require the cooperation While these components will cer- an early receipt facility. I think that is of NSP, the Secretary of Energy, the tainly be helpful to my State, I know something that is achievable. The bill States of Minnesota, and those of us in there will be some in Minnesota who’ll protects ratepayers by requiring that Congress. want me to oppose this bill because it only Congress can undertake actions I will be pushing Secretary Richard- does not go far enough. But I do not be- which would raise the fee paid by en- son to come to Minnesota to sit down lieve I would be serving the interests of ergy consumers into the nuclear waste with the state legislature, the Gov- my constituents by voting against a fund. The Secretary of Energy will not ernor’s Office, NSP, and me to see if we good bill that might help Minnesota be able to act unilaterally to raise that can find some common ground. ratepayers because of what is not in it. rate. I have also received the assurance of I should not vote against a good bill He says he would like to take con- Senator MURKOWSKI that the Energy because it is not a perfect bill. And I trol, or take title to the nuclear waste, and Natural Resources Committee will cannot vote against a bill that might and they would pay for the facility and not forget about Minnesota and that he move waste out of Minnesota sooner all the storage. But the only way they will continue to work with me on this than under current conditions, because would do that is to go back to the rate- important matter as well. it does not move waste out as soon as payers, or the taxpayers, for more I am also pleased that Senator MUR- I would like. I intend to vote in support money to take care of a problem they KOWSKI agreed to include some lan- of this bill because I believe it is an im- have ignored. guage I proposed which will aid in the portant bill. Third, this bill will put in place process of addressing Minnesota’s situ- I intend to vote for the bill because I transportation provisions for nuclear ation. My language has two specific want to remain part of this process and waste that are similar to those now in components which will aid decision- because I do not believe Minnesota can the place for the transport of low-level makers in Washington and in Min- withdraw itself from this debate. And I waste to the Waste Isolation Pilot nesota throughout the coming months intend to vote for this bill because I be- Project in New Mexico. and years. lieve this is part of a process in restor- Fourth, this bill tries to establish a The first part of my language re- ing government accountability in the mechanism by which we can avoid quires the DOE to report on all alter- nuclear waste debate.

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — SENATE S559 I may be back asking for more or To the Senate of the United States: POTENTIARY OF THE UNITED STATES OF AMERICA TO MONGOLIA. looking for other opportunities to help I transmit herewith, for the advice DOUGLAS ALAN HARTWICK, OF WASHINGTON, A CA- my State and my State’s ratepayers. I and consent of the Senate to ratifica- REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- do not consider this matter closed ei- tion, the Rotterdam Convention on the DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ther in Minnesota or in Washington, Prior Informed Consent Procedure for OF AMERICA TO THE LAO PEOPLE’S DEMOCRATIC REPUB- LIC. DC. Certain Hazardous Chemicals and Pes- CHRISTOPHER ROBERT HILL, OF RHODE ISLAND, A CA- I want to take just a moment to ticides in International Trade, with REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR thank Senator MURKOWSKI for his will- Annexes, done at Rotterdam, Sep- EXTRAORDINARY AND PLENIPOTENTIARY OF THE ingness to work with me and to con- tember 10, 1998. The report of the De- UNITED STATES OF AMERICA TO THE REPUBLIC OF PO- LAND. tinue to explore ways in which we can partment of State is enclosed for the DONNA JEAN HRINAK, OF VIRGINIA, A CAREER MEM- help my State. His staff have remained information of the Senate. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- open to our concerns and willing to The Convention, which was nego- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES work with my staff. tiated under the auspices of the United OF AMERICA TO THE REPUBLIC OF VENEZUELA. JOHN MARTIN O’KEEFE, OF VIRGINIA, A CAREER MEM- They have been honest about what Nations Environment Program and the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- they cannot do—and I appreciate that United Nations Food and Agriculture ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES as well. Organization, with the active partici- OF AMERICA TO THE KYRGYZ REPUBLIC. I also want to issue a warning and a pation of the United States, provides a MARY ANN PETERS, OF CALIFORNIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- challenge to my colleagues in the Sen- significant and valuable international ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ate. Let us not assume that this is a tool to promote sound risk-based deci- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE PEOPLE’S REPUBLIC OF BAN- great victory for ratepayers or for our sionmaking in the trade of certain haz- GLADESH. States. ardous chemicals. Building on a suc- CORPORATION FOR NATIONAL AND COMMUNITY This legislation does not fulfill the cessful voluntary procedure, the Con- SERVICE Federal Government’s commitment to vention requires Parties to exchange MARC RACICOT, OF MONTANA, TO BE A MEMBER OF remove nuclear waste. information about these chemicals, to THE BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- Regrettably, this bill is but a shell of communicate national decisions about PIRING OCTOBER 6, 2004, VICE REATHA CLARK KING, RE- the bills we have passed with bipar- their import, and to require that ex- SIGNED. ALAN D. SOLOMONT, OF MASSACHUSETTS, TO BE A tisan support in each of the last two ports from their territories comply MEMBER OF THE BOARD OF DIRECTORS OF THE COR- Congresses. So we should not go home with the import decisions of other Par- PORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EXPIRING OCTOBER 6, 2004, VICE CAROL W. and tell our constituents that this ties. KINSLEY, TERM EXPIRED. matter is resolved or that our work The United States, with the assist- THE JUDICIARY here is finished. ance and cooperation of industry and KENT R. MARKUS, OF OHIO, TO BE UNITED STATES CIR- I am a little biased, but I hope we nongovernmental organization, plays CUIT JUDGE FOR THE SIXTH CIRCUIT, VICE DAVID A. have a totally new direction in the an important international leadership NELSON, RETIRED. ROBERT J. CINDRICH, OF PENNSYLVANIA, TO BE White House after next year. I hope role in the safe management of haz- UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- that translates into a willingness to ardous chemicals and pesticides. This CUIT, VICE TIMOTHY K. LEWIS, RETIRED. JOHN ANTOON II, OF FLORIDA, TO BE UNITED STATES engage Congress and the States on nu- Convention, which assists developing DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- clear waste issues rather than the pro- countries in evaluating risks and en- IDA, VICE G. KENDALL SHARP, RETIRED. PHYLLIS J. HAMILTON, OF CALIFORNIA, TO BE UNITED tracted effort to ignore Congress and forcing their regulatory decisions re- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT the States that this administration has garding trade in such chemicals, ad- OF CALIFORNIA, VICE AN ADDITIONAL POSITION IN AC- CORDANCE WITH 28 U.S.C. 133 (B) (1). relied upon. vances and promotes U.S. objectives in DEPARTMENT OF JUSTICE I believe we are going to have that this regard. All relevant Federal agen- AUDREY G. FLEISSIG, OF MISSOURI, TO BE UNITED new direction and I am going to be cies support early ratification of the STATES ATTORNEY FOR THE EASTERN DISTRICT OF MIS- back asking that administration to Convention for this reason, and we un- SOURI FOR THE TERM OF FOUR YEARS, VICE EDWARD L. move forward immediately on interim derstand that the affected industries DOWD, JR., RESIGNED. storage. and interest groups share this view. FEDERAL ELECTION COMMISSION If this administration is unwilling to I recommend that the Senate give DANNY LEE MCDONALD, OF OKLAHOMA, TO BE A MEM- BER OF THE FEDERAL ELECTION COMMISSION FOR A provide the American people with the early and favorable consideration to TERM EXPIRING APRIL 30, 2005. (REAPPOINTMENT) services for which they have paid, I the Convention and give its advice and BRADLEY A. SMITH, OF OHIO, TO BE A MEMBER OF THE FEDERAL ELECTION COMMISSION FOR A TERM EXPIRING hope and expect they will make sure consent to ratification, subject to the APRIL 30, 2005, VICE LEE ANN ELLIOTT, RESIGNED. the next administration will do that understanding described in the accom- IN THE NAVY and live up to the promises it made. panying report of the Secretary of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT I yield the floor. State. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: f WILLIAM J. CLINTON. REMOVAL OF INJUNCTION OF SE- THE WHITE HOUSE, February 9, 2000. To be rear admiral (lower half) CAPT. TIMOTHY A. HOLDEN, 0000 CRECY—TREATY DOCUMENT NO. f 106–21 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 10 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED Mr. GRAMS. Mr. President, as in ex- TOMORROW UNDER TITLE 10, U.S.C., SECTION 624: ecutive session, I ask unanimous con- To be rear admiral The PRESIDING OFFICER. Under sent that the injunction of secrecy be REAR ADM. (LH) DANIEL H. STONE, 0000 the previous order, the Senate stands removed from the following convention IN THE ARMY adjourned until 10 a.m. on Thursday, transmitted to the Senate on February THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 9, 2000, by the President of the United February 10, 2000. TO THE GRADE INDICATED IN THE UNITED STATES ARMY States: Rotterdam Convention con- Thereupon, the Senate, at 6:28 p.m., UNDER TITLE 10, U.S.C., SECTION 624: cerning Hazardous Chemicals, and Pes- adjourned until Thursday, February 10, To be lieutenant colonel ticides in International Trade (Treaty 2000, at 10 a.m. JEFFREY S. MACINTIRE, 0000 Document No. 106–21). THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f TO THE GRADES INDICATED IN THE UNITED STATES I further ask that the convention be ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED considered as having been read the first NOMINATIONS BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 531 AND 624: time; that it be referred, with accom- Executive nominations received by To be lieutenant colonel panying papers, to the Committee on the Senate February 9, 2000: JOHN J. FITCH, 0000 Foreign Relations and ordered to be DEPARTMENT OF AGRICULTURE To be major printed; and that the President’s mes- CHRISTOPHER A. MCLEAN, OF NEBRASKA, TO BE AD- sage be printed in the RECORD. MINISTRATOR, RURAL UTILITIES SERVICE, DEPART- TREVOR W. SHAW, 0000 THE PRESIDING OFFICER. Without MENT OF AGRICULTURE, VICE WALLY B. BEYER. *TIMOTHY L. WATKINS objection, it is so ordered. DEPARTMENT OF STATE IN THE MARINE CORPS The message of the President is as JOHN R. DINGER, OF FLORIDA, A CAREER MEMBER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO THE GRADE INDICATED IN THE UNITED STATES MA- follows: TO BE AMBASSADOR EXTRAORDINARY AND PLENI- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 9801 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S560 CONGRESSIONAL RECORD — SENATE February 9, 2000 To be lieutenant colonel TIMOTHY J. HALL, 0000 GREGORY M. RYAN, 0000 THOMAS J. HAMILTON II, 0000 JOSEPH P. SAMPSON, 0000 CHRISTOPHER F. AJINGA, 0000 JAMES W. HAMMOND III, 0000 ROBERT L. SARTOR, 0000 WILLIAM T. AKANA, 0000 MICHAEL B. HANYOK, 0000 RICHARD M. SCHMITZ, 0000 ROBERT D. ALLEN, 0000 DOUGLAS M. HARDISON, 0000 PAUL D. SCHULTZ, 0000 SCOTT A. ALLEN, 0000 LONNIE R. HARRELSON, 0000 JOHN M. SCHUM, 0000 SCOTT T. ALLEN, 0000 WILLIAM M. HARRISON, 0000 CLARENCE E. SEXTON, JR., 0000 DAVID A. ANDERSON, 0000 DANA L. HASKELL, 0000 JEFFREY J. SHARROCK, 0000 RICHARD A. ANDERSON, 0000 DAVID S. HEESACKER, 0000 KIRK A. SHAWHAN, 0000 ROARKE L. ANDERSON, 0000 TOMMY L. HESTER, 0000 TIMOTHY V. SHINDELAR, 0000 JOSEPH A. ANDY, 0000 JEFFREY M. HEWLETT, 0000 BRADLEY H. SHUMAKER, 0000 DALE M. ATKINSON, 0000 MICHAEL K. HILE, 0000 FRANK H. SIMONDS, JR., 0000 PAUL K. AUGUSTINE, 0000 JON S. HOFFMAN, 0000 WENDY A. SMITH, 0000 DAVID F. AUMULLER, 0000 GORDON N. HOUSTON, 0000 JOHN R. SNIDER, 0000 MARK T. AYCOCK, 0000 BOBBY H. HUNT, 0000 JOHN E. SNOW, 0000 JEFFREY T. BAILEY, 0000 CARL R. INGEBRETSEN, JR., 0000 JEFFREY S. SPEIGHTS, 0000 FRANKLIN D. BAKER, 0000 BIENVENIDO P. INTOY, JR., 0000 WENDY A. STAFFORD, 0000 ROBERT S. BAKER, 0000 SCOTT B. JACK, 0000 JAMES J. STANFORD, JR., 0000 ROSSER O. BAKER, JR, 0000 TIMOTHY J. JACKSON, 0000 ANDREW O. STARR, 0000 THOMAS W. BAKER, 0000 ROBERT A. JACOBS, 0000 TERRY P. STAUTBERG, 0000 KEITH W. BASS, 0000 MARK S. JEBENS, 0000 CHRISTOPHER W. STODDARD, 0000 LUDOVIC M. BAUDOINDAJOUX, 0000 CRAIG D. JENSEN, 0000 STEPHEN M. SULLIVAN, 0000 MITCHELL A. BAUMAN, 0000 DANIEL P. JOHNSON, 0000 JAMES B. SWEENY III, 0000 PATRICK B. BEAGLE, 0000 DARIN D. JOHNSON, 0000 SHAWN P. TATUM, 0000 MICHAEL F. BELCHER, 0000 MICHAEL C. JORDAN, 0000 MICHAEL J. TAYLOR, 0000 JOEL H. BERRY III, 0000 JOSEPH JUDGE, 0000 WILLIAM L. TAYLOR, 0000 CRAIG W. BEVAN, 0000 STEPHEN P. KACHELEIN, 0000 DAVID J. TERANDO, 0000 JAMES H. BISHOP, 0000 JOHN F. KELLY, 0000 DOUGLAS P. THOMAS, 0000 BENJAMIN S. BLANKENSHIP, 0000 TODD G. KEMPER, 0000 GARY L. THOMAS, 0000 FRANCIS P. BOTTORFF, 0000 MICHAEL J. KIBLER, 0000 CRAIG Q. TIMBERLAKE, 0000 PAUL R. BOUGHMAN, 0000 MICHAEL R. KING, 0000 MARK J. TOAL, 0000 RICHARD D. BOYER, 0000 STEPHEN F. KIRKPATRICK, 0000 FRANK E. TOY III, 0000 BENJAMIN R. BRADEN, 0000 GEORGE R. KNISLEY, 0000 GREGORY A. TRUBA, 0000 CARTER H. BRANDENBURG, 0000 BRIAN J. KRAMER, 0000 FLOYD J. USRY, JR., 0000 TERENCE P. BRENNAN, 0000 ROOSEVELT G. LAFONTANT, 0000 CYNTHIA J. VALENTIN, 0000 JAMES B. BRIGHT, 0000 CHRIS A. LAMSON, 0000 MARK D. VANKAN, 0000 MICHAEL G. BROIHIER, 0000 DAVID A. LAPAN, 0000 THOMAS M. VARMETTE, 0000 JOHN A. BROW, 0000 ROBERT F. LEARY, 0000 ELVIS F. VASQUEZ, 0000 KIRK E. BRUNO, 0000 DANIEL J. LECCE, 0000 KEVIN S. VEST, 0000 JOHN A. BRUSH, 0000 ERICK J. LERMO, 0000 WILLIAM J. WAINWRIGHT, 0000 FREDRICK C. BRYAN, 0000 RAYMOND F. LHEUREUX, 0000 WILLIAM F. WALSH, 0000 LANCE M. BRYANT, 0000 DONALD J. LILES, 0000 HARRY P. WARD, 0000 MARTIN C. BRYANT, 0000 JOHN D. LLOYD, 0000 PATRICK WARESK, 0000 SHAWN W. BURNS, 0000 DAVID P. LOBIK, 0000 DAVID M. WARGO, 0000 KEVIN L. BYWATERS, 0000 LAWRENCE J. LONG, JR., 0000 JOHN L. WELINSKI, 0000 WILLIAM P. CABRERA II, 0000 DAMIEN X. LOTT, 0000 CLARENCE E. WELLS, 0000 PAUL F. CALLAN, 0000 MICHAEL E. LOUDY, 0000 MICHAEL R. WESTMAN, 0000 ROBERT F. CASTELLVI, 0000 JOHN K. LOVE, 0000 RICHARD A. WESTMORELAND, 0000 ANTONIO J. CERRILLO, 0000 BRADLEY L. LOWE, 0000 WES S. WESTON, 0000 MARK S. CHANDLER, 0000 MICHAEL J. LYNCH, 0000 THOMAS W. WHIELDON, JR., 0000 PHILLIP C. CHUDOBA, 0000 GREGG L. LYON, 0000 DUFFY W. WHITE, 0000 MATTHEW R. CICCHINELLI, 0000 ANDREW R. MACMANNIS, 0000 ERIC R. WHITE, 0000 KEITH L. CIERI, 0000 PATRICK J. MALAY, 0000 BARNEY K. WICK, 0000 JACK CIESLA, 0000 STEVEN T. MANNING, 0000 THOMAS M. WILLIAMS, JR, 0000 CHRIS A. COLEE, 0000 DOUGLAS C. MARR, 0000 DONALD G. WOGAMAN, 0000 STEPHEN J. CONBOY, 0000 FRANCESCO MARRA, 0000 PETER D. WOODMANSEE, 0000 ALBERT T. CONORD, 0000 CHRISTOPHER B. MARTIN, 0000 GEORGE D. ZAMKA, 0000 CHRISTOPHER R. COVER, 0000 MICHAEL T. MAURO, 0000 RONALD M. ZICH, 0000 JONATHAN D. COVINGTON, 0000 JOHN F. MAY, 0000 JOAN P. ZIMMERMAN, 0000 JOHN J. CRANE, 0000 JOHN L. MAYER, 0000 JAMES T. CRAVENS, 0000 PETER T. MC CLENAHAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK J. CRAVENS, 0000 BRYAN P. MC COY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- CRAIG C. CRENSHAW, 0000 SCOTT R. MC GOWAN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOSE G. CRISTY II, 0000 JAMES A. MC GREGOR, 0000 To be major JON C. CUNNINGHAM, 0000 MICHAEL S. MC GUIRE, 0000 JOSEPH W. CURATOLA, 0000 LEON A. MC ILVENE, 0000 JOE H. ADKINS, JR, 0000 PAUL J. CYR, 0000 ANTHONY R. MC NEILL, 0000 JASON G. ADKINSON, 0000 BRIAN E. DANIELSON, 0000 MICHAEL A. MICUCCI, 0000 ROBERT H. AESCHBACH, JR, 0000 ROBERT R. DANKO, 0000 DREW B. MILLER, 0000 JEFFERY A. AFMAN, 0000 DANIEL J. DAUGHERTY, 0000 MARK A. MILLER, 0000 DARRELL L. AKERS, 0000 CULLEN L. DAVIDSON III, 0000 SIDNEY F. MITCHELL, 0000 JOHN L. ALBERS, 0000 CHRISTOPHER J. DAVIS, 0000 PATRICK J. MOCK, 0000 IRMA E. ALVAREZ-ALEXANDER, 0000 ROBERT E. DAVIS, 0000 THOMAS C. MOORE, 0000 MIGUEL A. AMEIGEIRAS, 0000 DANIEL C. DEAMON, 0000 KENT D. MORRISON, 0000 JOHN D. AMSDEN, 0000 ROBERT D. DEFORGE, 0000 MICHAEL K. MORTON, 0000 ERIC S. ANDERSON, 0000 FRANCIS A. DELZOMPO, 0000 LAURA J. MUHLENBERG, 0000 JOHN R. ANDERSON, 0000 MARK J. DESENS, 0000 CHRISTOPHER J. MULLIN, 0000 MICHAEL P. ANTONIO, 0000 STUART L. DICKEY, 0000 CARL E. MUNDY III, 0000 RHESA J. ASHBACHER, 0000 JON G. DOERING, 0000 KATHLEEN M. MURNEY, 0000 PAUL H. ATTERBURY, 0000 JEROME E. DRISCOLL, 0000 GLENN A. MURRAY, 0000 CALVIN A. AUSTIN, 0000 DAVID A. ELLIS, 0000 BRIAN C. MURTHA, 0000 ROBERT B. BABCOCK, 0000 KEVIN G. EMERY, 0000 NICHOLAS F. NANNA, 0000 WARREN P. BAIR, 0000 LINK P. ERMIS, 0000 DAVID A. NELSON, 0000 HEZEKIAH BARGE, JR, 0000 WILLIAM P. ESHELMAN, JR., 0000 NEIL E. NELSON, 0000 ANTHONY S. BARNES, 0000 MARK P. EVERMAN, 0000 DAVID L. NICHOLSON, 0000 JASON M. BARRETT, 0000 JOHN M. FARLEY, 0000 DANIEL J. ODONOHUE, 0000 BRAD S. BARTELT, 0000 WILLIAM R. FEARN IV, 0000 ROBERT G. OLTMAN, 0000 GARY L. BASH, JR, 0000 STEPHEN A. FERRANDO, 0000 FREDERICK M. PADILLA, 0000 STEVEN W. BATCHELOR, 0000 ERIC K. FIPPINGER, 0000 BRIAN T. PALMER, 0000 DOUGLAS L. BELL, 0000 KENNETH S. FISCHLER, 0000 PAUL S. PATTERSON, JR., 0000 RUSSELL L. BERGEMAN, 0000 DANIEL M. FITZGERALD, 0000 GERALD A. PETERS, 0000 JOHN W. BICKNELL, JR, 0000 TIMOTHY W. FITZGERALD, 0000 PETER PETRONZIO, 0000 STEFAN E. BIEN, 0000 TERRY M. FLANNERY, 0000 MICHAEL N. PEZNOLA, 0000 DAVID L. BIRCH, 0000 SUSAN W. FONTENO, 0000 RUSSELL J. PHARRIS, 0000 GERALD M. BLOOMFIELD II, 0000 DAVID C. FOSTER, 0000 DANIEL A. PINEDO, 0000 ARNOLD M. BLUMENTHAL, 0000 DAVID S. FOY, 0000 LAWRENCE J. PLEIS III, 0000 JOEY L. BORJA, 0000 JAMES B. FRITZ, 0000 SCOTT H. POINDEXTER, 0000 BRADLEY R. BORMAN, 0000 THOMAS J. FUHRER, 0000 ALAN M. PRATT, 0000 THOMAS S. BOWERS, 0000 JOHN D. GAMBOA, 0000 RICHARD B. PREBLE, 0000 BRIAN W. BOWLING, 0000 MICHAEL G. GARRETT, 0000 CLARENCE V. PREVATT IV, 0000 JAMES D. BRACKEN, 0000 JAMES D. GASS, 0000 JOHN D. QUIGLEY, JR., 0000 STEPHAN L. BRADICICH, 0000 ROBIN G. GENTRY, 0000 JOHN T. QUINN II, 0000 JAMES L. BREASETTE, 0000 JEFFREY G. GERVICKAS, 0000 RONALD B. RADICH, 0000 PRESTON C. BRENCHLEY, 0000 HERMAN H. GILES, JR., 0000 PETER M. RAMEY, 0000 TOM BRENEMAN, JR, 0000 KENYON M. GILL III, 0000 PETER C. REDDY, 0000 MARK T. BRINKMAN, 0000 DANIEL J. GILLAN, 0000 RICHARD W. REGAN, 0000 CARL P. BRODHUN III, 0000 RUSSELL E. GLOVER, 0000 SHAWN M. REINWALD, 0000 CHARLES L. BROWN, 0000 STEWART O. GOLD, 0000 JAY W. REIST, 0000 LLOYD P. BROWN, 0000 RICKEY L. GRABOWSKI, 0000 MARC F. RICCIO, 0000 BRIDGET L. BRUNNICK, 0000 DAVID G. GRAN, 0000 STEPHEN P. RICHARDSON, 0000 MICHAEL G. BRUNO, 0000 RICHARD E. GRANT, 0000 PATRICK A. RILEY, 0000 GREGORY A. BRYANT, 0000 WILLIAM F. GRESHAM, 0000 JEFFREY A. ROBB, 0000 RAYMOND R. BURKEMPER, 0000 TRACY R. HAGUE, 0000 LAWRENCE R. ROBERTS, 0000 RONALD J. BURNS, 0000 BRUCE A. HAINES, 0000 STEVE B. RODRIQUES, 0000 JOSE D. BUSTOS, 0000 CHRISTIAN N. HALIDAY, 0000 LISA A. ROW, 0000 GREGORY E. BUTCHER, 0000 JOHN A. HALL, JR., 0000 ROBERT R. ROWSEY, 0000 MICHAEL A. BYRD, 0000 MARK E. HALL, 0000 STEVEN R. RUDDER, 0000 CHRISTIAN G. CABANISS, 0000

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GERALD W. CALDWELL, 0000 ANDREW J. GUNDERSON, 0000 MARK J. MENOTTI, 0000 PETER S. CALOGERO, 0000 LOUIS S. GUNDLACH, 0000 STEVEN J. METELAK, 0000 SCOTT E. CAMDEN, 0000 J. C. GWILLIAM, JR., 0000 RONI A. MEYERHOFF, 0000 MICHEL C. CANCELLIER, 0000 JON M. HACKETT, 0000 GUILLERMO G. MEZAORTEGA, 0000 JOHN J. CARROLL, JR, 0000 JOHN J. HADDER, 0000 DAVID S. MICHAEL, 0000 LAWRENCE A. CASSERLY, 0000 BRIAN E. HALL, 0000 JOHN C. MIKKELSON, 0000 JOHN R. CASTILLO, 0000 SCOTT R. HALL, 0000 TIMOTHY J. MILLEN, 0000 MICHAEL N. CASTLE, 0000 SEAN V. HALPIN, 0000 LINDA A. MILLER, 0000 BRIAN W. CAVANAUGH, 0000 RICHARD K. HALSTED, 0000 PATRICK W. MOHR, 0000 MICHAEL CELIS, 0000 GREGORY J. HANVILLE, 0000 JOSPEH F. MONROE, 0000 SALVADOR E. CEPEDA, 0000 JAMES W. HARGUS, JR., 0000 WILLIAM C. MONTALVO, 0000 MICHAEL J. CHAMBERLAIN, 0000 MARK S. HARRINGTON, 0000 JAMES H. MOORE, 0000 CHRISTIAN P. CHARLEVILLE, 0000 MICHAEL J. HARRIS, 0000 MICHAEL A. MOORE, 0000 CLIFFORD D. CHEN, 0000 PATRICK M. HAYDEN, 0000 DAVID L. MORGAN II, 0000 JEFFREY S. CHESTNEY, 0000 EVAN B. HAYMES, 0000 ALBERT G. MOSELEY IV, 0000 ERIK L. CHRISTENSEN, 0000 ANTHONY M. HENDERSON, 0000 KEVIN G. MOSS, 0000 BRENT P. CHRISTIE, 0000 ELAINE M. HENSEN, 0000 ANDREW J. MOYER, 0000 JOHN P. CHRISTOPHER, 0000 DAVID P. HENSLEY, 0000 DOUGLAS J. MRAK, 0000 VINCENT D. CIRELLI, 0000 TIMOTHY J. HERINGTON, 0000 JAMES E. MUNROE II, 0000 DARIN M. CLAY, 0000 RYAN P. HERITAGE, 0000 JOSEPH M. MURRAY, 0000 KEVIN P. CLYDE, 0000 JAMES A. HESSEN, 0000 ROBERT J. NASH, 0000 SHAWN J. COAKLEY, 0000 ROSS D. HETTIGER, 0000 MICHAEL K. NELSON, 0000 STEPHEN C. COHN, 0000 JOHN D. HICKS, 0000 DAVID B. NEWMAN, 0000 BRIAN H. COLLINS, 0000 TIMOTHY J. HIEL, 0000 MICHAEL D. NYKANEN, 0000 KEVIN P. COLLINS, 0000 GERALD R. HIGHTOWER, 0000 GEOFFREY R. OLANDER, 0000 WILLIAM J. CONGDON, 0000 PATRICK A. HILLMEYER, 0000 PAUL D. OLDENBURG, 0000 JEROME M. CONLEY, 0000 KENNETH J. HOAG, 0000 VICTOR M. OLEAR, 0000 ROGER L. CONRAD, 0000 THOMAS W. HOFER, 0000 JOHN R. O NEAL, 0000 SHANE B. CONRAD, 0000 WILLIAM M. HOFMANN, 0000 CHRISTOPHER H. O NEILL, 0000 CHAD J. CONYERS, 0000 DAVID P. HOLAHAN, 0000 TODD J. ONETO, 0000 JONATHAN P. COOMBES, 0000 GREGORY P. HOLD, 0000 DUANE A. OPPERMAN, 0000 ADAM W. COONS, 0000 CARTER L. HONESTY, 0000 LUIS E. ORTIZ, 0000 JOSEPH M. CORBETT, 0000 MARK A. HOUSE, 0000 KURT S. OSUCH, 0000 KIRK F. CORDOVA, 0000 TONY L. HOWARD, 0000 MICHAEL L. PAGANO, 0000 BRIAN G. COSGROVE, 0000 KEVIN M. HUDSON, 0000 BENJAMIN J. PALMER, 0000 MICHAEL S. COTTREAU, 0000 CHRISTOPHER W. HUGHES, 0000 CHRIS PAPPAS III, 0000 GERRY R. COX, 0000 WAYNE R. HUNTE, 0000 THEODORE R. PARKER II, 0000 ANDREW L. CRABB, 0000 DENNIS J. INGRAM, 0000 ARTHUR J. PASAGIAN, 0000 MATTHEW R. CRABILL, 0000 MICHAEL S. JACKSON, 0000 DOUGLAS R. PATTERSON, 0000 DANIEL P. CREIGHTON, 0000 WILLIAM C. JAMES, 0000 JOHN M. PECK, 0000 CHARLES M. CROMWELL, 0000 ERIK J. JANTZEN, 0000 MARK B. PENNINGTON, 0000 ANDREW G. CUMMING, 0000 GORDON A. JENKINS, 0000 JASON C. PERDEW, 0000 MICHAEL S. CUNINGHAM, 0000 JEFFREY J. JOHNSON, 0000 KRISTI E. PHELPS, 0000 KARON L. CURRY, 0000 PAUL H. JOHNSON III, 0000 MICHAEL D. PHILLIPS, 0000 MICHAEL J. CURTIN, 0000 THEODORE S. JOHNSON, 0000 WILLIAM N. PIGOTT, JR., 0000 JON M. DALLMAN, 0000 PATRICIA JOHNSONJONES, 0000 BRIAN N. PINCKARD, 0000 SCOTT T. DAVIDS, 0000 FRANK E. JOHNSTON, 0000 JOHN C. POEHLER, 0000 DONALD J. DAVIS, 0000 MARION D. JONES, 0000 TODD D. POLDERMAN, 0000 HAROLD P. DAVIS, 0000 MARK R. JONESE, 0000 MORGAN M. POLK, 0000 JOHN B. DAVIS, 0000 RICHARD E. JORDAN, 0000 MICHAEL J. POWELL, 0000 MATTHEW A. DAY, 0000 DONALD P. JULIAN, 0000 DARIN L. POWERS, 0000 MARK W. DEETS, 0000 DARRIN D. KAZLAUSKAS, 0000 LESLIE M. PRIOR, 0000 MARTIN K. DEICHERT, 0000 MICHAEL J. KENNEDY, 0000 ROBERT W. PRITCHARD, 0000 TODD S. DENSON, 0000 JOHN J. KEPPELER, 0000 JEFFREY W. PROWSE, 0000 KENNETH R. DEVERO II, 0000 TODD A. KERZIE, 0000 DEAN L. PUTNAM, 0000 OSSEN J. DHAITI, 0000 GREGORY W. KING, 0000 JON D. RABINE, 0000 JEFFREY J. DILL, 0000 JAMES J. KIRK, 0000 KEITH H. RAGSDELL, 0000 KELLY G. DOBSON, 0000 GLENN M. KLASSA, 0000 MINTER B. RALSTON IV, 0000 DOUGLAS G. DOUDS, 0000 JOEY E. KLINGER, 0000 WILLIAM A. RANDALL, 0000 DALLAS D. DUDLEY II, 0000 SCOTT F. KNAPP, 0000 JOHN G. RASMUSSEN II, 0000 DAVID A. DUFF, 0000 BRENT A. KNIPPENBERG, 0000 JOEL R. RAUENHORST, 0000 DANIEL E. DUGGAN, 0000 TIMOTHY A. KOLB, 0000 STEPHEN E. REDIFER, 0000 CHARLES M. DUNNE, 0000 CRAIG A. KOPEL, 0000 WILLIAM H. REINHART, 0000 EDWARD C. DURANT, 0000 DARRYL P. KORYNTA, 0000 CARYLL G. RICE II, 0000 CRAIG P. ECK, 0000 MARK R. KOSKI, 0000 JON E. RICE, 0000 TODD S. ECKLOFF, 0000 THOMAS E. KUHN, 0000 LARRY D. RICHARDS II, 0000 DAVID W. EILAND, 0000 ROBERT W. LAATSCH, 0000 ROBERTO V. RICHARDS, 0000 ANDREW J. ELDRINGOFF, 0000 ALBERT A. LAGORE, JR, 0000 PAUL W. RICHARDSON, 0000 KATHERINE J. ESTES, 0000 LAWRENCE M. LANDON, 0000 MICHAEL D. RIDDLE, 0000 JOSEPH M. EVANS, JR., 0000 PAUL A. LAUGHEAD, 0000 PAUL M. RIEGERT, 0000 ADRIENNE F. EVERTSON, 0000 TREVOR A. LAWS, 0000 JEFFREY R. RILEY, 0000 SHAWN S. FARRINGTON, 0000 HEATH A. LAWSON, 0000 ERIC L. RINE, 0000 TIMOTHY C. FAWCET, 0000 GERALD R. LAY, 0000 MITCHELLL D. RIOS, 0000 MATTHEW P. FERGUSON, 0000 MICHAEL J. LEAMY, 0000 TIMOTHY S. ROBERTS, 0000 MECHAEL M. FERNANDEZ, 0000 EVAN G. LEBLANC, 0000 RICHARD J. ROCHELLE, 0000 TRENT J. FERRIS, 0000 JACK T. LEDFORD, JR., 0000 JERRY R. ROGERS II, 0000 ROBERT A. FIFER, 0000 KEVIN J. LEE, 0000 KEITH W. ROLEFF, 0000 JOHN R. FLATTER, 0000 PETER N. LEE, 0000 BRENT A. RONNING, 0000 JOSE R. FLORES, 0000 DARIN E. LIERLY, 0000 RANDY W. ROSS, 0000 MARK A. FLOURNOY, 0000 PATRICK A. LINDAUER, 0000 DAVID W. ROWE, 0000 ROBERT M. FLOWERS, 0000 DANIEL E. LONGWELL, 0000 PETER S. RUBIN, 0000 MICHAEL D. FLYNN, 0000 CHRISTOPHER L. LOVEJOY, 0000 JAMES B. RUNYON, 0000 PAUL K. FLYNN, 0000 CHARLES N. LYNK III, 0000 RICHARD C. RUSH, 0000 RICHARD E. FOCHT, 0000 MARK D. MACKEY, 0000 ROBERT P. SALASKO, 0000 BRIAN A. FOLEY, 0000 SEAN R. MADDEN, 0000 WESLEY E. SANDERS, 0000 STEPHEN J. FOLEY, 0000 GARY L. MADDUX, JR., 0000 THOMAS J. SANZI, 0000 MARK T. FONTENOT, 0000 GONZALO MADRID, JR., 0000 MARK R. SCHAEFER, 0000 TODD D. FORD, 0000 ARTURO J. MADRIL, 0000 BRENT C. SCHAFFER, 0000 DAVID C. FORREST, 0000 STEPHEN P. MANGUM, 0000 ROBERT J. SCHAFFER III, 0000 DAVID L. FORRESTER, 0000 MICHAEL A. MANNING, 0000 JOHN B. SCHAMEL III, 0000 JONATHAN D. FOSTER, 0000 JOHN A. MANNLE, 0000 CHRISTOPHER W. SCHARF, 0000 JAMES S. FRAMPTON, 0000 JOHN M. MANSON II, 0000 DAVID L. SCHENKOSKE, 0000 JAMES R. FRANKS, 0000 ERIC S. MARBLE, 0000 HERBERT E. SCHWEITER, 0000 THOMAS E. FREDERICK, 0000 JAMES D. MARTIN, 0000 THOMAS R. SEIFERT, 0000 ROBERT M. FUHRER, 0000 RICARDO MARTINEZ, 0000 JASPER W. SENTER III, 0000 BRIAN R. FULLER, 0000 CHRISTOPHER J. MATTEI, 0000 DUANE M. SEWARD, 0000 MATTHEW F. FUSSA, 0000 WILLIAM J. MATTES, JR., 0000 MILO L. SHANK, 0000 GREGORY GALBATO, 0000 SEAN P. MATTINGLY, 0000 DANIEL P. SHEILS, 0000 DENNIS P. GALLAGHER, 0000 GEORGE R. MAUS, 0000 BRETT T. SHERMAN, 0000 KARL J. GANNON, 0000 JAMES C. MC ARTHUR, 0000 MICHAEL A. SHERMAN, 0000 ANDREW N. GAPPY, 0000 SEAN M. MC BRIDE, 0000 DENNIS J. SHERWOOD, 0000 DOUGLAS W. GARDNER, 0000 KYLE B. MC CARTHY, 0000 LORETTA L. SHIRLEY, 0000 SCOTT R. GARTON, 0000 ROBERT E. MC CARTHY III, 0000 MATTHEW H. SHIRLEY, 0000 TYSON B. GEISENDORFF, 0000 RICHARD D. MC CORMICK, 0000 CHARLES L. SIDES, 0000 MICHAEL P. GILBERT, 0000 KATHERINE M. MC DONALD, 0000 RICHARD G. SILVA, 0000 JONATHAN S. GLENNON, 0000 DANIEL P. MC GOVERN, 0000 JEFFREY C. SIMPSON, 0000 SEAN M. GODLEY, 0000 BRANDON D. MC GOWAN, 0000 THOMAS J. SISAK, 0000 GARY J. GOLEMBISKI, 0000 ROY MC GRIFF III, 0000 MICHAEL P. SMITH, 0000 CHRISTOPHER A. GOODHART, 0000 ERIK O. MC INNIS, 0000 WILLIAM E. SMITH, JR., 0000 FLAY R. GOODWIN, 0000 LAWRENCE S. MC KNELLY, 0000 ROBERT J. SMULLEN, 0000 GERALD C. GRAHAM, 0000 TIMOTHY J. MC LAUGHLIN, 0000 MARK E. SOJOURNER, 0000 THOMAS E. GRATTMAN III, 0000 TIMOTHY D. MC LEAN, 0000 DANIEL U. SPANO, 0000 MICHAEL R. GRISCHKOWSKY, 0000 ARCHIBALD M. MC LELLAN, 0000 CLAY A. STACKHOUSE, 0000 ANDREW S. GROENKE, 0000 CHRISTOPHER A. MC PHILLIPS, 0000 ROGER D. STANDFIELD, 0000 LEE M. GRUGGS, 0000 JOHN S. MEADE, 0000 SCOTT F. STEBBINS, 0000 CHRIS T. GUARNIERI, 0000 THOMAS M. MEANEY, 0000 BENNETT L. STEINER, 0000 CHRISTOPHER R. GUILFORD, 0000 SANDER H. MELVIN, 0000 SEAN C. STEWART, 0000

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 9801 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S562 CONGRESSIONAL RECORD — SENATE February 9, 2000

JAMES A. STOCKS, 0000 WILLIAM M. WEBBER, 0000 ARTHUR J. STOVALL II, 0000 MARC E. WEINTRAUB, 0000 CONFIRMATIONS MICHAEL D. STOVER, 0000 JAMES P. WEST, 0000 MARK R. STROLE, 0000 SEAN D. WESTER, 0000 Executive nominations confirmed by ANDRE STROUD, 0000 KENT E. WHEELER, 0000 the Senate February 9, 2000: DANIEL M. SULLIVAN, 0000 RAYMOND M. WHITE III, 0000 PAUL T. SULLIVAN, 0000 KIMBERLY D. WHITEHOUSE, 0000 IN THE ARMY SCOTT D. SUTTON, 0000 DWAYNE A. WHITESIDE, 0000 MICHAEL W. TAYLOR, 0000 DONALD K. WIMP, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE DONALD G. TEMPLE, 0000 ALFRED J. WOODFIN, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE ANTHONY P. TERLIZZI, JR, 0000 JOSEPH A. WOODWARD, JR, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED CHRISTIAN F. WORTMAN, 0000 MATTHEW R. THOMAS, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: GEOFFREY D. THOME, 0000 JAMES B. WOULFE, 0000 DAVID C. THOMPSON, 0000 JAMES M. WRIGHT, 0000 MICHAEL E. TIDDY, 0000 ROBERT C. WRIGHT, JR, 0000 To be major general WILLIAM W. YATES, 0000 PETER C. TITCOMB, JR, 0000 BRIG. GEN. ROBERT L. HALVERSON, 0000 JEFFREY S. TONTINI, 0000 TOM A. YOUNG, 0000 STEPHEN P. TREICHEL, 0000 MICHAEL J. ZACCHEA, 0000 To be brigadier general ALPHONSO TRIMBLE, 0000 WILLIAM A. ZACHARIAS, JR, 0000 GARY R. ZEGLEY, 0000 MATTHEW G. TROLLINGER, 0000 COL. EDMUND T. BECKETTE, 0000 MICHAEL W. ZELIFF, 0000 WILLIAM J. TRUAX, JR., 0000 COL. JAMES J. BISSON, 0000 JEFFREY D. TUGGLE, 0000 ALLAN ZIEGLER, 0000 CHRISTOPHER M. ZUCHISTIAN, 0000 COL. RAYMOND C. BYRNE, JR., 0000 MARC E. TUNSTALL, 0000 COL. DANIEL D. DENSFORD, 0000 SCOTT A. UECKER, 0000 IN THE NAVY COL. JEFFREY L. GIDLEY, 0000 MICHELLE VANEXEL, 0000 COL. DANNY H. HICKMAN, 0000 WILLIAM J. VANZANTEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANNY J. VERDA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. JAMES D. JOHNSON, 0000 EDWARD J. VICKNAIR, 0000 UNDER TITLE 10, U.S.C., SECTION 624: COL. DENNIS M. KENNEALLY, 0000 COL. DION P. LAWRENCE, 0000 JOHN E. VINCENT, 0000 To be lieutenant Commander LEWIS D. VOGLER, JR, 0000 COL. ROBERT G. MASKIELL, 0000 MARTIN J. WADE, 0000 RABON E. COOKE, 0000 COL. DARYL K. MC CALL, 0000 JAMES K. WALKER, 0000 COL. TERRELL T. REDDICK, 0000 DAVID A. WALL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. RONALD D. TAYLOR, 0000 MICHAEL A. WALL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. JOHN T. VON TROTT, 0000 DANIEL K. WARD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: COL. WILLIAM H. WEIR, 0000 MICHAEL H. WARD, 0000 To be lieutenant Commander COL. DEAN A. YOUNGMAN, 0000 HUGH R. WARE, 0000 COL. WALTER E. ZINK II, 0000 MICHAEL E. WATKINS, 0000 AMY J. POTTS, 0000

VerDate Mar 15 2010 22:52 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 9801 E:\2000SENATE\S09FE0.REC S09FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E99 EXTENSIONS OF REMARKS

UNFAIRNESS IN TAX CODE: This month President Clinton gave his State come living together outside of marriage? Is it MARRIAGE TAX PENALTY of the Union Address outlining many of the right that our tax code provides an incentive to things he will spend the budget surplus on. get divorced? HON. JERRY WELLER House Republicans want to preserve 100% of In fact, today the only form one can file to the Social Security surplus for Social Security OF ILLINOIS avoid the marriage tax penalty is paperwork and Medicare and use the non-Social Security IN THE HOUSE OF REPRESENTATIVES for divorce. And that is just wrong! surplus for paying down the debt and to bring Wednesday, February 9, 2000 fairness to the Tax Code. Since 1969, our tax laws have punished Mr. WELLER. Mr. Speaker, I rise today to A surplus provided by the bipartisan budget married couples when both spouses work. For agreement which: no other reason than the decision to be joined highlight what is arguably the most unfair pro- ∑ vision in the U.S. Tax Code: the marriage tax cut waste, in holy matrimony, more than 21 million cou- ∑ put America's fiscal house in order, and ples a year are penalized. They pay more in penalty. I want to thank you for your long term ∑ held Washington's feet to the fire to bal- interest in bringing parity to the tax burden im- taxes than they would if they were single. Not ance the budget. only is the marriage penalty unfair, it's wrong posed on working married couples compared While President Clinton parades a long list to a couple living together outside of marriage. that our Tax Code punishes society's most of new spending totaling $72 billion in new basic institution. The marriage tax penalty I want to thank both of you and Chairman programsÐwe believe that a top priority after ARCHER for the pledge to bring H.R. 6, the exacts a disproportionate toll on working saving Social Security and paying down the women and lower income couples with chil- Marriage Tax Elimination Act, to the floor for national debt should be returning the budget consideration before Valentine's Day. This is dren. In many cases it is a working women's surplus to America's families as additional issue. truly one of the best Valentine's Day presents middle-class tax relief. we can give to America's working couples. As This Congress has given more tax relief to Let me give you an example of how the you know, H.R. 6, as considered by the Ways the middle class and working poor than any marriage tax penalty unfairly affects middle and Means Committee, will provide $182 bil- Congress of the last half century. class married working couples. For example, a lion in marriage penalty relief over 10 years. I think the issue of the marriage penalty can machinist, at a Caterpillar manufacturing plant This is a significant increase over the $45 bil- best be framed by asking these questions: Do in my home district of Joliet, makes $30,500 a lion proposal offered by President Clinton just Americans feel its fair that our Tax Code im- year in salary. His wife is a tenured elemen- before this year's State of the Union Address. poses a higher tax penalty on marriage? Do tary school teacher, also bringing home Ultimately, as a result of H.R. 6, 28 million Americans feel its fair that the average mar- $30,500 a year in salary. If they would both working couples will receive up to $1,400 in ried working couple pays almost $1,400 more file their taxes as singles, as individuals, they marriage tax penalty relief. in taxes than a couple with almost identical in- would pay 15%. MARRIAGE PENALTY EXAMPLE

Machinist School teacher Couple H.R. 6

Adjusted Gross Income ...... $31,500 $31,500 $63,000 $63,000 Less Personal Exemption and Standard Deduction ...... 6,950 6,950 12,500 13,900 (singles x 2) Taxable Income ...... 24,550 24,550 50,500 49,100 (x .15) (x .15) (Partial x .28) (x .15) Tax Liability ...... 3682.5 3682.5 8635 7,365 Marriage Penalty ...... 1270 ...... Relief ...... 1,270

But if they chose to live their lives in holy bracket to $52,500. Thus, married couples know better than Washington what their family matrimony, and now file jointly, their combined would enjoy an additional $8,650 in taxable in- needs. income of $61,000 pushes them into a higher come subject to the low 15% tax rate as op- We fondly remember the 1996 State of the tax bracket of 28 percent, producing a tax posed to the current 28% tax rate and would Union Address when the President declared penalty of $1,400 in higher taxes. result in up to $1,200 in tax relief. emphatically that, quote ``the era of big gov- On average, America's married working Additionally the bill will increase the stand- ernment is over.'' couples pay up to $1,400 more a year in taxes ard deduction for married couples (currently We must stick to our guns, and stay the than individuals with the same incomes. That's $7,350) to twice that of single (currently at course. serious money. Millions of married couples are $4,400). Under H.R. 6 the standard deduction There never was an American appetite for still stinging from April 15th's tax bite and for married couples filing jointly would be in- big government. more married couples are realizing that they creased to $8,800. But there certainly is for reforming the exist- are suffering the marriage tax penalty. H.R. 6 enjoys the bipartisan support of 233 ing way government does business. Particularly if you think of it in terms of: cosponsors along with family groups, includ- ∑ a down payment on a house or a car, ing: American Association of Christian And what better way to show the American ∑ one years tuition at a local community Schools, American Family Association, Chris- people that our Government will continue college, or tian Coalition, Concerned Women for Amer- along the path to reform and prosperity than ∑ several months worth of quality child care ican, Ethics and Religious Liberty Commission by eliminating the marriage tax penalty. at a local day care center. of the Southern Baptist Convention, Family Ladies and gentlemen, we are running a $3 To that end, U.S. Representative DAVID Research Council, Home School Legal De- trillion surplus. It's basic math. It means Amer- MCINTOSH (R±IN) and U.S. Representative fense Association, the National Association of icans are already paying more than is needed PAT DANNER (D±MO) and I have authored Evangelicals and the Traditional Values Coali- for government to do the job we expect of it. H.R. 6, the Marriage Tax Elimination Act. tion. What better way to give back than to begin H.R. 6, the Marriage Tax Elimination Act, as It isn't enough for President Clinton to sug- with mom and dad and the American familyÐ considered by the House Ways and Means gest tax breaks for child care. The President's the backbone of our society. Committee, will increase the 15% tax bracket child care proposal would help a working cou- We ask that President Clinton join with Con- (currently at 15% for the first $26,250 for sin- ple afford, on average, three weeks of day gress and make elimination of the marriage gles, whereas married couples filing jointly pay care. Elimination of the marriage tax penalty tax penaltyÐa bipartisan priority. During the 15% on the first $43,850 of their taxable in- would give the same couple the choice of pay- State of the Union Address this year, that he come) to twice that enjoyed by singles; H.R. 6 ing for three months of child careÐor address- signaled his willingness to work to eliminate would extend a married couple's 15% tax ing other family priorities. After all, parents the marriage tax penalty. We must send him

∑ 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 272000 02:55 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.000 pfrm04 PsN: E09PT1 E100 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2000 a bill to eliminate the marriage penalty suf- due to my husband's illness. Had I been practical jokesÐand, of course, politics. He is fered by 28 million American working couples. present, I would have voted ``yea.'' survived by his wife of 44 years, Florence The proposal offered by the President to re- Yesville Maclearie; three sons and daughters- duce the marriage tax penalty is a good start, in-law, Peter and Ann of Tinton Falls, Paul but it is not enough. By doubling the standard TRIBUTE TO PETER H. MACLEARIE and Eileen of Spring Lake Heights, and James deduction, only couples who do not itemize and Nancye of Toms River, NJ; four daughters their income taxes receive the benefits of tax HON. FRANK PALLONE, JR. and three sons-in-law, Michelle and Chris- relief. In order to provide relief to couples who OF NEW JERSEY topher Wood of Spring Lake Heights, Nancy itemize, mainly homeowners, we must address IN THE HOUSE OF REPRESENTATIVES and Matt Hayduk, also of Spring Lake Heights, the difference in the income tax brackets. If Wednesday, February 9, 2000 Cathleen of San Francisco, California, and we follow only the President's plan, the result Mary Beth and Drew Smith of Phoenix, Ari- will be a marriage tax penalty against couples Mr. PALLONE. Mr. Speaker, it is with pro- zona; a brother, Timothy of Ocean Grove, NJ; who are homeowners and couples who con- found sadness that I rise to mark the passing two sisters, Jean Boda of Elizabethtown, tribute to charities. This is not right and it is of Mr. Peter H. Maclearie of Spring Lake Pennsylvania, and Judy Gray of Maine; and not fair. Heights, NJ, who died on Wednesday, De- 10 grandchildren. Speaker HASTERT and House Republicans cember 8, 1999, at the age of 68. In keeping with Mr. Maclearie's dedication to have made eliminating the marriage tax pen- Mr. Maclearie was an outstanding leader in the cause of helping others, his family has alty a top priority. In fact, we plan to move leg- the Jersey Shore community, contributing his asked that, in lieu of flowers, contributions be islation out of the House before Valentine's talents and energies in both the public and pri- made to the Deborah Heart and Lung Center Day. vate sectors. He served as the Mayor of or the Peter H. Maclearie Scholarship Fund in Last year, President Clinton and Vice-Presi- Spring Lake Heights for two terms, from 1970 Spring Lake Heights. dent GORE vetoed our efforts to eliminate the to 1976, having previously been a Borough Mr. Speaker, the Maclearie family is obvi- marriage tax penalty for almost 28 million mar- Councilman from 1963 to 1970. Mr. Maclearie ously devastated by his loss, as are his many, ried working people. The Republican effort also served as an incorporater and member of many friends. I hope that they will find comfort would have provided about $120 billion in the Board of Directors of Allaire Community in the many good wishes from people all over, marriage tax relief. Unfortunately, President Bank in Wall, NJ. He was responsible for ob- and from the knowledge that Mr. Maclearie did Clinton and Vice-President GORE said they taining federal grants for the development of all that he could to make his community a bet- would rather spend the money on new govern- the Spring Lake Community Center. Among ter place. ment programs than eliminate the marriage his other contributions to the betterment of our tax penalty. community, Mr. Maclearie was a founding This year we ask President Clinton and member and past chairman of the South Mon- Vice-President GORE to join with us and sign mouth Regional Sewerage Authority. He NONPOINT POLLUTION CONTROL into law a stand alone bill to eliminate the served on various committees of the New Jer- PROGRAM marriage tax penalty. sey League of Municipalities and was a mem- Of all the challenges married couples face ber of the New Jersey Conference of Mayors HON. CAROLYN McCARTHY in providing home and hearth to America's and an honorary member of the Municipal OF NEW YORK children, the U.S. Tax Code should not be one Clerks Association. IN THE HOUSE OF REPRESENTATIVES of them. The greatest accomplishments of the Indeed, Mr. Speaker, it seems as though Wednesday, February 9, 2000 Republican Congress this past year was our politics and community service must be in the success in protecting the Social Security trust Maclearie blood. Mr. Maclearie's father was Mrs. MCCARTHY of New York. Mr. Speak- fund and adopting a balanced budget that did the Mayor of Belmar, NJ, for 36 years, includ- er, I rise today in support of the Coastal Com- not spend one dime on Social SecurityÐthe ing a period of time when father and son were munity Conservation Act and the importance first balanced budget in over 30 years that did mayor simultaneously in adjoining boroughs. of protecting America's water ways. not raid Social Security. His sons, Peter and Paul, are currently munic- Our children's future matters to all of us, Let's eliminate the Marriage Tax Penalty ipal councilmen in Tinton Falls, NJ, and Spring and we have a responsibility to leave to them and do it now! Lake Heights, respectively. the same beautiful and viable environment MARRIAGE PENALTY RELIEF Mr. Maclearie was also the president of that we enjoy today. The Coastal Community ∑ 236 Bipartisan Cosponsors of H.R. 6, 28 Coded Systems Corp., which he founded in Conservation Act is a step in the right direc- Democrats, 22 Members of the Ways and 1971. His firm specialized in codifying munic- tion. Means Committee ipal ordinances throughout New Jersey and The Conservation Act requires states with ∑ The proposal being offered today will many other states. He also was the founder approved coastal zone management pro- offer: ∑ $182 billion in tax relief over 10 years and president of Maclearie Printing of Wall, grams, such as New York, to develop a coast- ∑ This is $60 billion more than the proposal NJ. al pollution control program to manage vetoed by President Clinton and Al Gore A communicant of St. Catharine's Roman nonpoint sources which affect water quality. ∑ This is $137 billion more than the Presi- Catholic Church in Spring Lake, NJ, Mr. A major feature of a coastal nonpoint control dent proposed last week program is that it unites the water quality man- ∑ Maclearie also was a member of the church's The President’s proposal would provide agement expertise of the state water quality $45 billion in relief over 10 years Finance Committee. He was a member of the ∑ Basically, doubles the standard deduc- Wall Rotary Club, the Belmar Fishing Club, agencies with the land use management ex- tion the Spring Lake Golf Club, the Manasquan pertise of the coastal management agency. In ∑ Could create a homeowner penalty River Marlin and Tuna Club, and the 200 Club order to preserve America's heritage, this unity ∑ Provide up to $210 in relief of water and land conservationist must hap- ∑ of Monmouth County. He was a charter mem- H.R. 6 will now provide up to $1,400 in tax pen. relief for 25 million American working cou- ber of the Manasquan Elks Lodge and the ples—an average of about $800 per couple Spring Lake Area Chapter of Deborah Heart The most promising approach is to incor- ∑ double the standard deduction and Lung Center. porate pollution reduction and management ∑ widen the 15% bracket to twice that of Born in Asbury Park, NJ, Mr. Maclearie lived into the conduct of activities rather than estab- singles in Belmar before moving to Spring Lake lish separate programs. To do this the fol- ∑ Increase EIC threshold for married cou- Heights 42 years ago. He was an Army vet- lowing guidelines must be followed: build on ples by $2,000 eran of the Korean War, serving as a combat existing programs; incorporate state and local photographer. He was a member of the Spring government input; and plain common sense. PERSONAL EXPLANATION Lake Post of the American Legion, a life mem- It is vital that in our zeal to find solutions to ber of the Asbury Park Post Veterans of For- our pollution problems that we remember the HON. EVA M. CLAYTON eign Wars and the Richard Skoluda Chapter importance of coordination between the states of Disabled American Veterans, Spring Lake and the federal government. We all have the OF NORTH CAROLINA Heights. same goal: protecting our natural resources. IN THE HOUSE OF REPRESENTATIVES Despite his numerous commitments, Mr. We have some of the most beautiful coast- Wednesday, February 9, 2000 Maclearie found time to enjoy life with his fam- lines and natural resources in the world. The Mrs. CLAYTON. Mr. Speaker, on rollcall No. ily, to dote on his grandchildren, to pursue time is now to solve them. And our children 8, Tuesday, February 8, 2000, I was absent such hobbies as fishing, boating, camping, and grandchildren will thank us.

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.004 pfrm04 PsN: E09PT1 February 9, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E101 HONORING REVEREND DEVIN MIL- debate rages about responsibility, account- are a key to communities throughout the LER, RECIPIENT OF THE 1999 FBI ability, fairness and where the line lies be- United States, and I want to recognize an es- DIRECTOR’S COMMUNITY LEAD- tween the public's right to know and the pecially strong community effort by the 103rd ERSHIP AWARD public's right to privacy, I daresay we all still Armored Division based in Johnstown, Penn- believe, as Thomas Jefferson held, that de- sylvania. HON. BRUCE F. VENTO mocracy cannot flourish without a free press. In particular, their support of Red Cross ef- With this as my preface, I wish to congratu- OF MINNESOTA forts with the Keystone 500 race and blood late Guam's Pacific Daily News on its 30th an- IN THE HOUSE OF REPRESENTATIVES drives has been recognized by the Chairman niversary. Known affectionately, and some- of the local Red Cross Board as extremely Wednesday, February 9, 2000 times disdainfully, simply as the ``PDN,'' this significant and in the highest tradition of public Mr. VENTO. Mr. Speaker, I rise today to Gannett-owned newspaper is Guam's only service. commend the work of the Reverend Devin Mil- general circulation morning daily, publishing The Guard Unit has also helped with the ler. Mr. Miller was recognized as the recipient seven days a week. In my district, which is a Cambria County Air Show, the Kosovo Relief of the 1999 FBI Director's Community Leader- small island with a small population, where Project, the Penn Woods Council of the Boy ship Award. Since 1990, the FBI has publicly elected officials, media personalities and news Scouts, the United Way Summer Youth Em- recognized the achievements of individuals reporters are not distanced and insulated from ployment Program, and school efforts on Vet- and organizations within the area of drug edu- the public at large, the PDN has worked val- erans Day and Memorial Day. cation and prevention by presenting them with iantly to report the news as fairly, as accu- Along with training for their military readi- the Director's Community Leadership Award. rately, as fully, and as objectively as possible, ness and providing vital back-up to active duty Included in this group of eligible recipients are despite the inescapable network of familial forces, this kind of community support is in the those individuals or organizations who are ac- and personal relationships that bind us all to- highest tradition of the Armed Services and of tively involved in gang, crime, and violence gether as a small island community. our Nation. prevention/education. Mr. Speaker, as a young teacher over twen- In particular, I want to recognize Major Pres- This award was presented in recognition of ty years ago, I organized and led a public pro- ton Scott Stape, the Administrative Officer, Reverend Miller's work to promote non- test demonstration against the PDN over its and the particularly strong work of SFC Don- violence in Saint Paul. Among his initiatives is English-only publication policy. After several ald F. Scholly, SFC Donald F. Williams, SSG the creation of the Black Teens for Advance- exchanges in the days following, some which James P. Livella, SSG Ronald L. McKelvey, ment youth program, which stresses aca- were rather heated, we arrived at a com- and Mr. David J. Lavigne. demics, self-esteem and a nonviolent lifestyle. promise: the Daily News would accept non- It's this type of service to family, Nation, and He recently expanded this program with ``Be- English advertisement if accomplish by an community that is such a great part of our Na- coming Everything You Set Out to Be,'' a simi- English translation. In the years since then, tion's history and continuing strength, and I lar initiative for junior high students. the PDN has made commendable efforts to commend these individuals for their efforts I commend Reverend Miller for his work truly reflect the multi-ethnic, multi-cultural is- and dedication. with the youth of Saint Paul. His efforts benefit land community which it serves. It has re- cruited reporters locally and supported their not only the young people with whom he PERSONAL EXPLANATION works directly, but also our community as a continued education and training in journalism. It has a long-established summer intern pro- whole. There is a lot of talk about the growing gram and promoted reporting and writing incidences of violence among teens, what the HON. EVA M. CLAYTON among high school students by devoting an causes are and how to prevent problems in OF NORTH CAROLINA entire section, called ``Vibe,'' for the news and the future. Reverend Miller has shown through IN THE HOUSE OF REPRESENTATIVES entertainment interests of young people. Now, his work, that the best thing we can do is to Wednesday, February 9, 2000 English translations of foreign language ads act, to mentor, and most of all to care about are optional. And finally, the PDN routinely fills Mrs. CLAYTON. Mr. Speaker, on rollcall No. our young people. I applaud his efforts to im- management positions from within. 10, Tuesday, February 8, 2000, I was absent plement programs that address the concerns Thus, I again congratulate retired editor Joe due to my husband's illness. Had I been and needs of our youth, and wish him the best Murphy, whose ``Pipe Dreams'' column enter- present, I would have voted ``yes.'' of luck in his future endeavors. tained, antagonized, and inspired many over the years; Managing Editor Rindraty Celes TRIBUTE TO JERRY W. WEST, SR. 30TH ANNIVERSARY OF THE PA- Limtiaco, whose career I been privileged to CIFIC DAILY NEWS AND ITS watch develop; the section editors and report- LONGEST TENURED EMPLOYEES, ers who have had to ask me tough questions, HON. FRANK PALLONE, JR. LEE P. WEBBER, PEPITO C. have often put me on the spot, and have gen- OF NEW JERSEY LADERA AND MAGGIE N. CASTRO erally treated me fairly. Lastly, I send special IN THE HOUSE OF REPRESENTATIVES congratulations to the three PDN employees, Wednesday, February 9, 2000 HON. ROBERT A. UNDERWOOD who, like the newspaper itself, are celebrating Mr. PALLONE. Mr. Speaker, it is with pro- 30 years on the job. To Publisher and Presi- found sadness that I rise to mark the passing OF GUAM dent Lee P. Webber, who started out as IN THE HOUSE OF REPRESENTATIVES of Mr. Jerry W. West, Sr., of Neptune, NJ, PDN's Circulation Manager; to Comptroller who died on Saturday, December 4, 1999, at Wednesday, February 9, 2000 Pepito C. Ladera, who has kept the paper's the age of 73. Mr. UNDERWOOD. Mr. Speaker, as we all books and ledgers; and to Senior Account Ex- Jerry West was an outstanding leader in our know from direct experience, our relationship, ecutive Maggie N. Castro, who could probably community, dedicated to the effort to improve as elected public officials, with the news run the entire operation singlehandedly, I send the quality of life for the residents of the Jer- media is a necessary but not always com- my best wishes. Yanggin mauleg che'cho'-ta, sey Shore area. He was also a good friend fortable one. We are quick to turn to the news mauleg i ma sanggan-ta. When our work is whose support and advice I have always val- to find out what's going on, but we dread fac- good, good is said of us. Biba, PDN! ued. Jerry also worked closely my prede- ing the cameras and microphones when we cessor, a great Member of this House, the late ourselves get swept up in newsworthy cir- RECOGNIZING THE WORK OF THE Representative James J. Howard of New Jer- cumstances. Some of us try to avoid media at- 1ST BATTALION, 103RD ARMORED sey. tention. Some of us bravely face it head on. DIVISION OF THE PENNSYL- Born in Asbury Park, NJ, Jerry West lived in Some of us are more media savvy than oth- VANIA NATIONAL GUARD the Shore area for most of life. He served his ers. Most of us learn from our mistakes. Of country in the Navy during World War II. He course, when we have what we think is good HON. JOHN P. MURTHA received his bachelor's and master's degrees newsÐsomething that places us in a good in business administration from Monmouth OF PENNSYLVANIA lightÐwe often find ourselves banging on the University in West Long Branch, NJ. He went IN THE HOUSE OF REPRESENTATIVES media's doors for attention. on to earn his doctorate from Temple Univer- The news media, the ``Fourth Estate,'' re- Wednesday, February 9, 2000 sity, Philadelphia. He was an adjunct pro- gards itself as the guardian and champion of Mr. MURTHA. Mr. Speaker, the community fessor at his alma mater, Monmouth Univer- our First Amendment rights. While the great spirit and dedication of National Guard units sity. For 20 years, Jerry served as a contract

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.012 pfrm04 PsN: E09PT1 E102 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2000 specialist for the U.S. Army's Fort Monmouth African-Americans and that board members INTRODUCTION OF LEGISLATION in Eatontown, NJ, retiring in 1997. must be elected from council districts rather TO ASSIST LAW ENFORCEMENT Jerry West made great contributions to the than in town-wide voting. WITH THE COSTS ASSOCIATED building and maintaining of a prosperous and A long-time advocate and supporter of chil- WITH PROTECTING THE PRESI- healthy community along the Jersey Shore. dren and youth programs, Dorothy is an adult DENT OF THE UNITED STATES AND THE FIRST LADY He was a member of the Neptune Township member of the Girl Scouts, and has served on Board of Adjustment and the Environmental the Board of Directors for the Girl Scouts of Commission. He also served on the Fletcher Nassau County. She is the former Vice Presi- HON. SUE W. KELLY Lake Committee, contributing his efforts to the dent of Hempstead School Board; former OF NEW YORK restoration of this beautiful lake located be- President of Hempstead's United Parents As- IN THE HOUSE OF REPRESENTATIVES tween the Ocean Grove section of Neptune sociation and retired President of Marshall and Bradley Beach. In fact, in recognition of Wednesday, February 9, 2000 School's Parents Teachers Association. Jerry's devotion to the cause of protecting our Mrs. KELLY. Mr. Speaker, I rise today for environmental resources, the West family is Dorothy's success and sheer determination the purpose of introducing legislation to assist asking that, in lieu of flowers, memorial dona- to do the right thing is an inspiration to every- law enforcement agencies that are facing ad- tions be made to the Fletcher Lake Com- one. I hold up my friend, Dorothy Goosby, as ditional costs due to the new residency of the mittee. a shining example in this bright month of Afri- President and the First Lady in Chappaqua, As dedicated as he was to serving our com- can-American History Month. NY. munity, Jerry was most devoted to his family. It is fortunate that my new constituents will He is survived by his wife of 53 years, Edna now have the benefit of the services of some Brand West, his son, Jerry West, Jr., his of the finest local law enforcement agencies in daughter, Linda W. Maxwell, his brother, John IN TRIBUTE TO SIMI VALLEY HIGH the nation. My intention in introducing this leg- West, his sister, Ann Connelly, five grand- SCHOOL ACADEMIC DECATHLON islation today is simply to ensure that the local children and two great-grandchildren. TEAM taxpayers are not overburdened with the addi- Mr. Speaker, the passing of Jerry West is a tional costs which are normally associated terrible loss for his family, his many friends with providing the necessary protective serv- and all those in our community who have ben- HON. ELTON GALLEGLY ices for the Nation's First Family. Though their efited from his good work. It is, nevertheless, OF CALIFORNIA presence in our community at this point has an honor for me to pay tribute to him in the been limited and sporadic, some local police pages of the CONGRESSIONAL RECORD. IN THE HOUSE OF REPRESENTATIVES departments have already incurred costs in the tens of thousands of dollars. While it is dif- Wednesday, February 9, 2000 ficult to forecast, these local agencies project AFRICAN-AMERICAN HISTORY Mr. GALLEGLY. Mr. Speaker, I rise to pay that the costs will increase dramatically in the MONTH tribute to the Simi Valley High School Aca- coming months. demic Decathlon Team, which will represent Similar legislation was introduced and acted HON. CAROLYN McCARTHY Ventura County in the Academic Decathlon upon in 1989 when Representative Brennan, OF NEW YORK California state finals on March 16±19. whose district included Kennebunkport, ME, IN THE HOUSE OF REPRESENTATIVES proposed legislation to provide funding to local The Simi Valley team's win this past week- Wednesday, February 9, 2000 police departments in order to limit the costs end was impressive, setting a new county incurred by the frequent visits of President Mrs. MCCARTHY of New York. Mr. Speak- record of points scored. And, in winning the Bush. It is my hope that the Federal Govern- er, I rise today to celebrate African-American county competition against 15 other schools, ment will again take action to prevent a local History Month. The contributions of African- they also beat last year's National Cham- community from being overburdened by these Americans to America are too numerous and pionsÐMoorpark High School, Simi Valley's additional costs, and I ask my colleagues to wide-sweeping to mention in a minute, so I neighbor to the west. Moorpark placed second join me in supporting this legislation. decided to tell you about my district's Citizen in this year's county competition. The two of the Month, a shining example of a strong, have been trading the county title for the past determined, beautiful African-American eight years. CODIFYING THE CLEAN WATER ACT woman. This time, the accolades belong to Simi Val- Hempstead Town Board Member Dorothy L. ley High School. The nine-student team is rep- Goosby is an amazing person, embodying resentative of the best and brightest our coun- HON. MAX SANDLIN what it means to be well-rounded person, a ty has to offer. They have been accepted to OF TEXAS community activist, a citizen legislator and a such universities as Harvard and Stanford. IN THE HOUSE OF REPRESENTATIVES trail-blazer. Seniors David Bartlett, Steve Mihalovitz, Cary Wednesday, February 9, 2000 Dorothy is a woman whose life reflects Opal, Jeff Robertson, Jennifer Tran, Michael many ``firsts.'' On November 2, 1999, she was Mr. SANDLIN. Mr. Speaker, I rise today to Truex, Justin Underhill, Randy Xu and junior elected to the Town of Hempstead Town introduce a bill that will codify the 27-year stat- Kevin White ended the competition with a slew Board as only one of three Democrats to utory interpretation of the Clean Water Act that of medals and trophies. serve on the board since 1905. A major has consistently classified forestry activities as achievement topped by the fact she is the first Now these bright young leaders are ready- a nonpoint source for potential water impair- African American woman elected to the board. ing themselves to take on the top teams in the ment and specifically exempted forestry activi- To her political experience, Dorothy brings her state. They will probably face Moorpark High ties from permitting requirements. Quite sim- careers as a dietician, chemistry teacher and School again, as Moorpark is expected to ply, this legislation will preserve the current nursing home administrator. compete as one of the state's wild card teams. system whereby our waters are kept clean Long been a community activist in Nassau Simi Valley High School is confident, but not through cooperative efforts between State and County and the Town of Hempstead, Dorothy taking Moorpark for granted. local governments and private landowners. challenged the very town on whose board she It promises to be an exciting contestÐthe The 1987 Clean Water Act Amendments en- now sits. In 1988, Dorothy and others filed a Super Bowl of intellectual competition. acted section 319 to specifically address class action suit against the Town of Hemp- nonpoint source runoff, including silviculture, stead charging voters' bias. In 1997, a federal ``We're cooler than the athletes now,'' Jen- through State Best Management Practice judge agreed and ruled that the town's voting nifer Tran told a local reporter after this week- [BMP] programs. Under section 319, any regu- methods was not representative of all its end's contest. And just as tough. latory program to control nonpoint source pol- residents. Mr. Speaker, I know my colleagues will join lution is at the State level and not at the Fed- Twelve long, hard years later, Dorothy's me in congratulating the Simi Valley High eral level. Congress determined that it is the class action suit came to a positive close re- School Academic Decathlon Team for its im- State's responsibility to develop nonpoint cently when, on January 24, 2000, the New pressive win this week, and in wishing the source controls and determine if there is a York State Supreme Court ruled that the Town team great success in the state champion- need for regulatory programs. Additionally, it is of Hempstead did in fact discriminate against ships. the State's responsibility to have the legal

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.012 pfrm04 PsN: E09PT1 February 9, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E103 means in place to enforce a landowner's Mr. Descalzi's impressive career in tele- cesses in the ``We the People'' competition. compliance. vision journalism began when he returned to Not to be outdone by previous groups that With this congressional intent in mind, the United States and joined the Spanish have participated in the event, this year's Texas has developed a highly successful, vol- International Network (SIN), now known as championship team includes 19 students: untary approach to nonpoint source pollution Univision. Knowing the growing demand for Humberto Abeja, Diana Amador, Bobbi control and a ``bad actor'' law to enforce the news and programming from within the His- Andersan, Michael Bundy, Gloria Camacho, provisions where necessary. Since 1991, the panic community, Mr. Descalzi spearheaded Monique Delattorres, Jason Gracia, Brandace Texas Forest Service, in cooperation with the network's first-ever national newscast in Hopper, Elizabeth Martinez, Brandon Mike, EPA, the Texas State Soil and Water Con- Spanish to be televised in the United States. Carlista Peralta, Janet Prevey, Rafael servation Board, forest industry, Texas Log- Because of his vision and commitment to ad- Quinquilla, Henry Rogers, Rocio Sanchez, ging Council, and forest landowner associa- dress the needs and concerns of Hispanics, Natalie Sawyer, Willie Smith, Chevonda Walk- tions, has conducted extensive training of for- Mr. Descalzi soon became one of Univision's er, and Symone Williams. I would also like to esters, loggers, and landowners to understand national correspondents. recognize the hard work and dedication of Mr. silvicultural Best Management Practices and Continuing his goal of providing news cov- David Marshall, the teacher who was instru- how to implement them. To date, over 850 erage to the often marginalized Hispanic com- mental in preparing these students for this loggers and foresters have been trained on munity, Mr. Descalzi was the first continental prestigious competition. BMPs. In 10 years since forestry BMPs were correspondent to link the Americas via the tel- Mr. Speaker, I would like to congratulate the developed in Texas, 87 percent of all logging evision airwaves. By airing footage and cov- Homestead Senior High School academic sites across twelve million acres are in compli- ering stories affecting Latin America, Mr. team for their extraordinary effort and success ance with recommended BMPs. Descalzi's efforts provided a connection for in winning the ``We the People'' championship. The States have done a good job of working Hispanic Americans to their heritage and cul- This is truly an accomplishment that Home- with the private landowners to clean up our ture. stead Senior High School can be proud of. streams and lakes. Opening up the process to Currently, Mr. Descalzi is the host of the award-winning investigative newsmagazine, unnecessary and burdensome Federal regula- INTRODUCTION OF A HOUSE RESO- tions would only have a negative impact on ``Ocurrio Asi.'' Featuring a broad range of top- ics, ``Ocurrio Asi'' goes behind the scenes and LUTION EXPRESSING SUPPORT the States' ability to improve land use deci- FOR A NATIONAL REFLEX SYM- sions. My legislation will allow the current, vol- the headlines to tell the untold story and ex- tract the truth. Mr. Descalzi's unyielding efforts PATHETIC DYSTROPHY (RSD) untary, nonpoint source program to continue MONTH building on its successes by ensuring that have helped the show win more than 40 States can continue to treat forestry activities Emmy Awards from the Academy of Tele- as nonpoint sources for potential water impair- vision, Arts, and Sciences, attracting presi- HON. THOMAS M. BARRETT ment. This bill keeps in tact the congressional dents, celebrities, sports heroes, and activists OF WISCONSIN intent of the Clean Water Act that identifies to appear on this show. IN THE HOUSE OF REPRESENTATIVES most water pollution from silvicultural activities For his unmatched journalistic achievements Wednesday, February 9, 2000 and integrity, and his work on behalf of the as nonpoint in nature, thus exempting private Mr. BARRETT of Wisconsin. Mr. Speaker, I landowners from Federal permitting require- Latino community, I ask my colleagues to join rise in recognition of and support for people ments. me in congratulating Mr. Descalzi. His dedica- like Betsy Herman who suffer from an excruci- tion and hard work have truly earned him this atingly painful disease called Reflex Sympa- recognition. thetic Dystrophy (RSD). RSD is a post-trau- PERSONAL EXPLANATION matic condition triggered by an injury, surgery, RECOGNIZING THE HOMESTEAD or infection. In simple terms, it is a malfunction HON. EVA M. CLAYTON SENIOR HIGH SCHOOL ACADEMIC of the nervous system in the body's attempt to OF NORTH CAROLINA TEAM heal. It may strike at any time, resulting in in- IN THE HOUSE OF REPRESENTATIVES tense inflammation, swelling, stiffness and/or Wednesday, February 9, 2000 HON. PETER DEUTSCH discoloration of the nerves, muscles, bones, skin and circulatory system. Mrs. CLAYTON. Mr. Speaker, on rollcall No. OF FLORIDA Because RSD is a complex and little-known 9, Tuesday, February 8, 2000, I was absent IN THE HOUSE OF REPRESENTATIVES disease, Betsy, like scores of RSD sufferers, due to my husband's illness. Had I been Wednesday, February 9, 2000 went for years without being diagnosed with present, I would have voted ``yea.'' Mr. DEUTSCH. Mr. Speaker, I rise today to this debilitating disorder. Instead of receiving recognize the Homestead Senior High School prompt treatment for RSD after a sprained IN HONOR OF MR. GUILLERMO academic team. This distinguished group of ankle and pulled muscle when she was 12 DESCALZI FOR HIS ACCOMPLISH- students participated in the 20th Congres- (which could have led to full recovery), Betsy MENTS IN JOURNALISM AND sional District ``We the People'' championship, was accused of faking and exaggerating her FOR BEING HONORED BY THE held on December 9, in Miami, Florida. It is a condition and was sent for psychological COLEGIO DE PERIODISTAS DE pleasure for me to honor this team for winning counseling. CUBA this important competition. Unfortunately, five years and six surgeries Since the program's creation in 1987, ``We later, Betsy now walks with the help of an im- HON. ROBERT MENENDEZ the People'' has encouraged students to par- planted device and must drive over 100 miles OF NEW JERSEY ticipate as active citizens, acknowledging the once a week for treatment. While other teen- responsibility each one has in our democ- agers play sports and attend proms, Betsy IN THE HOUSE OF REPRESENTATIVES racy's present and future. The program's cur- must wait until classes are in session until she Wednesday, February 9, 2000 riculum is designed to complement the class- walks the halls of her high school to assure Mr. MENENDEZ. Mr. Speaker, I rise today room experience, enabling elementary and that she isn't bumped, since even the slightest to recognize Mr. Guillermo Descalzi for his secondary students to acquire additional touch can sometimes cause severe pain. vast achievements in journalism and to con- knowledge and understanding of the Bill of Despite the tremendous physical agony and gratulate him on being honored by the Colegio Rights. Students are then given the oppor- emotional pain Betsy has suffered at the de Periodistas de Cuba. tunity to apply their knowledge of the Constitu- hands of RSD, she has worked diligently to Born in Lima, Peru, Mr. Descalzi came to tion to various activities, such as critical think- educate the public about the condition. She the United States at the age of nineteen to at- ing exercises, problem-solving activities, and recognizes that public education will help lead tend Canisius College in Buffalo, New York. mock congressional hearings. These hands-on to correct diagnoses and increased invest- Mr. Descalzi received his Bachelors of activities allow the students to demonstrate ments in research and treatment for RSD. She Science degree from Canisius College in 1968 their knowledge of historical and current also created an on-line support group for and went on to earn a Masters in Arts from events, defending their opinion on these teens with RSD, providing a crucial lifeline to the State University of New York at Buffalo. issues relative to constitutional principles that other young people afflicted with this incurable After completing his education, Mr. Descalzi they have studied. disease. In recognition of her efforts, the RSD returned to his native Peru to teach at the Uni- The Homestead Senior High School aca- Hope Group presented Betsy with their Hu- versity of San Marcos. demic team is well known for its past suc- manitarian of the Year Award last fall.

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.016 pfrm04 PsN: E09PT1 E104 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2000 It is for Betsy Herman and other RSD suf- Franklin A. Polk Public Servants Merit Award. at the Court of Appeals and the office of the ferers that I introduce this Resolution today The honorees are as follows: Cuyahoga County Clerk of Court. Particu- expressing the sense of the House of Rep- larly, her service in circulating and releasing IRENE BOHUSLAWSKY—PARMA MUNICIPAL the Judge’s opinions, keeping his docket, and resentatives that October should be named COURT working with him in all court-related mat- ``National Reflexive Dystrophy Awareness Nominated by the Presiding/Administra- ters. A resident of the Cleveland area since Month.'' I urge my colleagues to join me in tive Parma Municipal Court Judge Kenneth her birth, Ms. Courtemanche has been mar- supporting this effort to increase awareness, Spanagel, Irene Bohuslawsky has, since 1974, ried for 15 years to her husband, Bob. She augment funding, and better diagnose and been employed in the Law Department of the views her marriage to Bob as her biggest ac- treat this horrible disease. City of Parma, where she currently is the complishment and also values her close rela- Administrative Assistant in the Prosecutor’s tionship with her sister and her three broth- Office. A graduate of Lourdes Academy, ers. Judy has been honored by the Plain IN RECOGNITION OF THE ST. Irene attended classes at Cuyahoga Commu- Dealer as an outstanding former carrier and nity College. Irene began her service with also has served in the old Cleveland Munic- LOUIS RAMS Parma as a part-time legal secretary one ipal Stadium, Jacobs’ Field and the new month after the birth of her fourth son. She Cleveland Browns Stadium as a ticket taker HON. RICHARD A. GEPHARDT spent time with both the Prosecutor’s Office and usher. An avid reader and gardener, Judy and the Law Department prior to being also enjoys activities designed to maintain OF MISSOURI named to her present position in 1995. In this her fitness. She camps regularly, including IN THE HOUSE OF REPRESENTATIVES position she is the office’s ‘‘traffic cop,’’ in- trips to Canada and seven states in the last Wednesday, February 9, 2000 suring that communication flows among the two years alone. The child of a mother and prosecutors, defense lawyers, any defendants father who were both long-time govern- Mr. GEPHARDT. Mr. Speaker, I rise to sa- without counsel, citizens, victims, complain- mental employees, Judy still finds her work lute the 2000 Super Bowl Champions, the St. ants, the Court’s judges and magistrate. interesting and challenging, and she says, Louis Rams, and their remarkable season. Irene says that raising her four sons is her second only to saying ‘‘I do’’, entering public The St. Louis Rams display of heart, cour- outstanding accomplishment, and, in her service was the best decision she ever made. age, and determination made Super Bowl spare time, she enjoys her own garden and In her ‘‘dream job’’ at the Court of Appeals, those of her children. She also spends time Judy values her co-workers as a close and XXXIV a timeless memory for millions of supportive second family. Americans. sewing, embroidering, designing floral ar- DANIEL DADICH—CUYAHOGA COUNTY DOMESTIC Five seasons ago, the Rams organization rangements and refinishing old furniture. She is noted for her patience, courtesy and RELATIONS COURT brought football back to the people of St. ability to deal with the public, and she han- Since October 1978, Dan Dadich, Adminis- Louis, who in turn have proven themselves to dles all these varied duties with a smile and trative Judge Timothy M. Flanagan’s nomi- be faithful and high-spirited fans. In that time, with a disposition that, in Judge Spanagel’s nee, has been employed at the Domestic Re- the Rams have become an integral part of our words, ‘‘anyone would be hard-pressed to lations Court. Now, the Director of Enforce- community, our neighborhoods, and our maintain.’’ That must be true, since, in her ment Services, Dan is regarded as being the schools by giving their time to various char- years of service, she has encountered such person to see to get a clear and quick re- varied responses as the surprise of the man sponse to questions about child and spousal ities, public events, and most importantly, the support and health insurance for children. people of St. Louis, They have brought enthu- who had crashed his car into his former girlfriend’s front steps and who was arrested Mr. Dadich notes that the ever-changing leg- siasm and dedication to St. Louis, and they after the police found his front license plate, islation in this area has made it an awesome have done it with class and dignity. to the loving couple whose marriage cere- challenge to help parties and counsel under- Kurt Warner is this year's Super Bowl MVP mony before one of the judges was followed, stand the complexities of this particular por- and a St. Louis Rams quarterback hero. He almost immediately, by the bride’s filing a tion of the trauma of divorce. Dan has pre- epitomizes what is good about athletes and charge of domestic violence against her new sented support issues at continuing legal groom. education courses offered by the Cuyahoga serves as an excellent role model for people County Bar Association and others. Dan has of all ages. Kurt's commitment to his family, JOSEPH BOOKER—CUYAHOGA COUNTY COURT OF lived in the Cleveland area his entire life and his faith, and his team should serve as a les- COMMON PLEAS attended Kent State University. Dan is mar- son to us all. As Chief Jury Bailiff for the Cuyahoga ried to Gail, who received this same award in I would also like to congratulate Georgia County Common Pleas Court, Joseph Book- 1995. This doubly-honored couple are the par- er, nominated by Presiding/Administrative Frontiere, owner of the St. Louis Rams, and ents of three sons, Devon, Daniel and Derek. Judge Richard J. McMonagle, supervises the Dan has been active as a coach and officer in John Shaw, President of the St. Louis Rams. Jury Room and insures that prospective jury the North Royalton Soccer Club. Despite the Their devotion to the team and their love of St. panels are prepared for their service in stress of dealing with court personnel, par- Louis was crucial to our Super Bowl victory. criminal and civil trials. After employment ents and counsel, Dan still maintains an Their love of the Rams is only paralleled by in the private sector in marketing positions, even and reasoned perspective and a keen their love of St. Louis, as demonstrated by Mr. Booker became a court employee in 1975. sense of humor. their efforts through the Rams Foundation. Married to Carolyn since 1961 and the father RAYMOND DENNARD—CLEVELAND MUNICIPAL They have made hundreds of donations to of three, Joseph, an Alabama native, raised COURT in Youngstown, credits his father, a steel- Raymond Dennard has been an employee of schools and charitable organizations through- worker and minister, and his mother, a out the St. Louis area. Under their leadership, the Cleveland Municipal Court since 1971. homemaker, with instilling in him and his Currently, Administrative Judge Larry A. the Rams will continue to be a winning team brothers strong spiritual values, which he Jones’ nominee is Deputy Bailiff-Supervisor for many seasons to come. tries to impart to others. An army veteran, and is the Chief of Security at the Court, Mr. Speaker, I am proud to say I am from Mr. Booker enjoys photography, wood- where he supervises approximately 100 bail- St. Louis, and I am just as proud to say I am working, travel and golf and has been active iffs to make sure that there is ‘‘order in the a Rams fan. Thank you and congratulations to in church activities, including serving as a court.’’ Mr. Dennard, a native of West Vir- the St. Louis Rams. Boy Scout troop master. Mr. Booker has ginia and father of two grown children, lives heard every reason, and then some, advanced with his wife Mairiam in Oakwood Village. by citizens trying to avoid serving as jurors. Also, he serves as a member of the Village RECIPIENTS OF THE FRANKLIN A. His most vivid recollection, though, is the Council. In addition to his duties at the POLK PUBLIC SERVICE MERIT call he received on a Friday from a wife Court and in Oakwood Village, Mr. Dennard whose husband was on a jury which had been AWARD finds time to be a Detective, and has re- sequestered. The wife was calling to find out cently become Director of Security at how her husband was doing during the se- Thistledown Race Course. Beyond all those HON. STEPHANIE TUBBS JONES questration. There was one problem: the jury other commitments, Mr. Dennard has found had been discharged the prior Tuesday. Jo- OF OHIO time to be active in his parish and the Elks seph regrets, perhaps only slightly, that he of the World. Raymond has but one com- IN THE HOUSE OF REPRESENTATIVES did not find out how the couple resolved the plaint about receiving this award; he found Wednesday, February 9, 2000 problem. it impossible to distill many decades of JUDY COURTEMANCHE—EIGHTH DISTRICT COURT faithful service at the Court into a short Mrs. JONES of Ohio. Mr. Speaker, I would OF APPEALS statement of why he found his service to the like to commend your attention to a wonderful Judy A. Courtemanche, Judicial Secretary pubic rewarding. honor. The Cuyahoga County Bar Foundation at the Ohio Court of Appeals, Eighth Appel- THELMA PORTER—CUYAHOGA COUNTY CLERK OF and Cuyahoga County Bar Association recog- late District, has been nominated by her COURTS nizes very prominent public servants. Each boss, Administrative Judge James Porter, in Since May 1973, Thelma Porter, Common public servant receives the distinguished recognition of her combined 21 years’ service Pleas Court Clerk Gerald Fuerst’s nominee,

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.020 pfrm04 PsN: E09PT1 February 9, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E105 has been an employee of the County for 26 SALUTE TO JOHN ALEXANDER TRIBUTE TO CHIEF WILLIAM L. years. As Department Head of the Journal AND CBORD BIELE Department of the Clerk’s office, where she has been for the past 22 years. Porter super- vises seven other employees in ensuring that HON. JAMES M. TALENT civil and domestic journal entries are prop- HON. AMO HOUGHTON OF MISSOURI erly processed, including judgment entries in OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the Civil and Domestic Divisions. Orders of Wednesday, February 9, 2000 IN THE HOUSE OF REPRESENTATIVES Sale from the Sheriff’s Department. Writs of Mr. TALENT. Mr. Speaker, I rise today to Possession from foreclosures and other im- Wednesday, February 9, 2000 pay tribute to Chief William L. Biele, who will portant legal documents. Thelma has been be retiring from the Creve Coeur Fire Protec- married to Emanuel Porter for over 43 years. Mr. HOUGHTON. Mr. Speaker, as you tion District. I hope you will join me in hon- The Porters have two grown children, and know, food service is the second largest con- Thelma is proud to have raised them to be oring his fine career and in wishing him a tributor to our Gross National Product. The good, responsible, hard-working, honest and happy and healthy retirement. caring individuals. She is also blessed with a quality and expense of food is important to us Chief Biele joined the Creve Coeur Fire Pro- 2 year old grandchild, Amiri. A graduate of allÐas individuals and as a society. tection District in October of 1959. He was John Hay, she is an active volunteer at I rise today to share news with you and my promoted to Captain in 1964 and after several Greater Abysinian Baptist Church. Thelma colleagues of dedicated food service profes- promotions was named Chief in 1983. During looks to the example of her father, who re- sionals in Ithaca, New York, who have married his tenure, he established an aggressive edu- cently celebrated his 90th birthday and who cational program to enhance the management high technology to food distribution in a way taught her that hard work and treating peo- potential of his staff as well as the establish- that enhances the quality and quantity of food ple in a way one would like to be treated are ment of an In-house District Fitness Program. the keys to success. Thelma’s hobbies in- served, while dramatically reducing waste and This fitness program led to the District's par- clude bowling, movies, traveling and shop- unnecessary expenses. ticipation in the International Firefighter Com- ping at different malls. I'm referring, of course, to CBORD, which bat Challenge, in which the Creve Coeur Dis- ANN VANIK—CUYAHOGA COUNTY PROBATE COURT was founded in 1975 by John E. Alexander, trict continually demonstrates its commitment then an MBA candidate at Cornell University, to athletic excellence. Nominated by Administrative Probate and two of his associates with a start up in- Not only has he distinguished himself with Judge John Donnelly, Ann Vanik has been vestment of $1,000 each. Their dreamÐto an impressive career with the Creve Coeur an employee of the Court since 1972. After Fire Protection District, he has long been a serving as a deputy clerk and secretary, Ann create a software system that could organize the haphazard menu planning process for in- civic leader in his community. His work with became Probate Court Auditor, her current the Creve Coeur Lions Club, the Muscular position, where she is responsible for main- stitutional food service systems, increase the Dystrophy Association, the Dream Factory, the taining personnel and payroll records, along nutritional value of every meal served, and Missouri Mules, the Backstoppers, the Mis- with purchasing, accounts payable and other rein in runaway food costs. budgetary matters. Ms. Vanik is the mother souri Children's Burn Camp and the Salvation of two daughters, and lives in South Euclid, Working nights and weekends, this tireless Army, stand as a testament to his tireless ef- where she is active at her parish, St. Gregory team of entrepreneurs built their system, and forts to serve the community and the less for- the Great, where one daughter attends today the company they launched on a shoe- tunate. school, and at Beaumont School, where her string served over 4,000 food service clients In addition to his many charitable and civic other daughter is a student. Ann spends world wide, while employing over 300 people. contributions, Chief Biele has provided leader- much of her time with her daughters and is Here is a story that exemplifies the very ship and expertise to several professional or- an active spectator at their volleyball, bas- ganizations, including: the International Asso- best in American business. We have long ad- ketball, softball and fast-pitch softball ciation of Fire Chiefs, the Greater St. Louis mired individuals with a vision and the cour- games. She enjoys cooking and crafts. Each Area Fire Chiefs Association, the Missouri Val- age to pursue it until they achieve success. year, she and her daughters ‘‘adopt’’ a family ley Fire Chiefs Association, and the Inter- at Thanksgiving and provide that family Today, CBORD's food service control systems national Association of Arson Investigators. with a Thanksgiving feast. Ms. Vanik enjoys are in use by major corporations, colleges and Numerous accomplishments and contribu- travel and has been to such varied locales as universities, health care facilities, nursing tions to professional organizations highlighted Hawaii, Cape Code, Florida, Arizona, Aruba homes, and the United States Armed Serv- his long service with the Creve Coeur Fire and the Bahamas. ices. Protection District. Among these are: 1978 JOHNNY WILLIAMS—CUYAHOGA COUNTY But there is more to this story. Firefighter of the Year Award, the 1981 Lion of JUVENILE COURT the Year Award, the 1997 Creve CoeurÐ In 1983, John Alexander founded the Com- Olivette Chamber of Commerce Outstanding The Juvenile Court’s Administrator John puter Applications in Food Service Education Zachariah’s nominee, Johnny C. Williams, Â Businessperson of the Year, member of the (CAFE) Society, which provides free or re- Board of Governors for the Greater St. Louis has been an employee since 1973 and is a li- duced cost software systems for use in hos- censed social worker at the Court’s Deten- Area Fire Chief Association, Co-Chairman of tion Center. A native of North Carolina and pitals and dietetic programs and promotes in- the St. Louis County Fire and Police Memorial schooled in that state, Mr. Williams was a novative educational uses of computer appli- Committee and Chairman of the Central Coun- public school music teacher in North Caro- cations to help solve the problems of world ty 911 Chiefs Operating Committee. lina, and then relocated to Cuyahoga County hunger and chronic food shortages. Again, Mr. Speaker I hope you will join me after finishing his military service in 1972. CBORD is actively involved with numerous in congratulating and thanking Chief Biele for Johnny has worked his entire life, and in ad- anti-hunger organizations such as HUNGER his service to the residents and businesses of dition to his duties at the Detention Center, Creve Coeur. He is truly a great humanitarian, he has provided custodial care at other agen- and FOODCHAIN, provides generous support to the Special Olympics, and sponsors a num- mentor, leader, and citizen. His efforts are in- cies, including the United Labor Agency, deed an inspiration to us all. Cleveland Crossroads for Youth and Ohio ber of charitable and educational programs Boys Town. In addition to this award, Wil- throughout the Ithaca region. liams has been recognized by the National The social conscience exhibited by CBORD HONORING JAMES GRIFFIN, JOHN Juvenile Detention Association, on two sepa- MERCADO AND VERNON MICHEL rate occasions, and has received letters of and the leadership that its founder, John Alex- recognition from Mayor White, Governor ander, has shown in applying America's ad- Voinovich. Former Congressman Stokes, vancements in technology to one of the HON. BRUCE F. VENTO Senator Metzenbaum and other public offi- world's oldest and most pervasive problems is OF MINNESOTA cials. Johnny is active in the 11th Congres- something we can all applaud. IN THE HOUSE OF REPRESENTATIVES sional District Caucus and chairs its Youth It is encouraging, as we look to the dawning Wednesday, February 9, 2000 Initiative Committee. He also counsels trou- bled students at a local middle school upon of the new millennium, that there are still op- Mr. VENTO. Mr. Speaker, I rise today to referral of that school’s principal and helps portunities in this great land to follow your honor three heroes from my district: James supervise social work students from Cleve- dreams, build a thriving business from the Griffin, John Mercado, and Vernon Michel. Re- land State University as their Field ground up, and then share all that you've cently, Mr. Mercado and Mr. Griffin were pre- Instructor. learned for the benefit of people everywhere. sented with a Medal of Valor from the Saint

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.024 pfrm04 PsN: E09PT1 E106 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2000 Paul police department; Gertrude Michel, the filled house to find a man who had robbed a rounded the building, and the suspect ran widow of Mr. Michel, accepted the award on liquor store and fatally shot another police from the house firing gunshots, killing De- his behalf. officer. tective Allen Lee, 38, and wounding another Fifty years ago, these three police officers On Wednesday, the three were honored for officer. selflessly risked their lives in pursuit of a man that act with the department’s Medal of Police searched the neighborhood, often Valor. who had robbed a liquor store, and in the kicking in the doors of residences. At about James Giffin, 82, and John Mercado, 77, process fatally shot one of their colleagues 10 p.m., they got a tip that Crutcher was hid- who both retired in 1983, received the medal ing in a building on Rondo Avenue, where and wounded another. The suspect ran into a at an awards luncheon in St. Paul. The deserted building. After the building had been Interstate 94 now runs. By that point in the widow of Vernon Michel, who retired in 1978 manhunt, nearly 3,000 people had crowded tear-gassed, Mr. Griffin, Mr. Mercado and Mr. and died in 1982, accepted the award for her the scene, upset about the police raids being Michel volunteered to go inside to apprehend husband. conducted while looking for the suspect. him. Only 28 officers have received the depart- It has been said that courage is not the ab- ment’s Medal of Valor since its inception in After tear-gassing the building, Griffin, Michel and Mercado volunteered to go inside sence of fear, but rather the judgment that 1965. The last medal was given in 1997. Last summer, Police Chief William Finney and to flush out the suspect. They went in shoot- something else is more important than fear. I ing, and by the time they got to the suspect, applaud these men for their willingness to put people inside and outside the police depart- ment began talking about honoring the three several other officers had joined them. their fear aside, to risk their own lives to pro- officers for their heroism in 1949. Crutcher died of 12 gunshot wounds. tect the lives of others. Although this event Finney, who grew up in St. Paul and fol- took place fifty years ago, their courageous On Wednesday, Mercado, Griffin and lowed a family legacy into the police force, Michel’s widow, Gertrude Michel, smiled as actions serve as an inspiration to those serv- knew the three officers throughout most of ing in the police force today. Finney presented them with medals and a his life. plaque. Michel and Mercado humbly accept- I have included, for my colleague's review, ‘‘Good work should never go unrecog- ed the awards and quietly thanked everyone an article from the December 16, 1999 edition nized,’’ Finney said. ‘‘Time shouldn’t matter at the luncheon. of the Saint Paul Pioneer Press, which de- when good work is done. It’s a minor thing scribes the heroic actions of these three men. that we let 50 years pass.’’ Griffin, who retired as deputy police chief, On the afternoon of Sept. 10, 1949, Oliver thanked his family for supporting him HONORS FOR POLICE HEROES Crutcher of St. Paul robbed a liquor store at throughout his career and then briefly (By Amy Mayron) 365 University Ave. He ran from the store talked about what it was like to be a rookie St. Paul police award the department’s highest with police not far behind, and gunshots cop in the 1950s and the first African-Amer- commendation to three officers for their brav- were exchanged. No one was injured, and the ican officer to join the department. ery 50 years ago. ‘‘Good work should never go robber got away. ‘‘I don’t know what to say. I’m over- unrecognized,’’ says the police chief. But at about 7 p.m. that day, police re- whelmed,’’ he said. ‘‘When I joined the de- Fifty years ago, three St. Paul police offi- ceived a tip that Crutcher was hiding in a partment, I never thought I’d be standing cers volunteered to storm a dark, tear-gas- house at 324 St. Anthony Ave. Police sur- here today.’’

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.028 pfrm04 PsN: E09PT1 February 9, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E107 SENATE COMMITTEE MEETINGS 2:30 p.m. islative recommendations of the Jew- Energy and Natural Resources ish War Veterans, Paralyzed Veterans Title IV of Senate Resolution 4, Forests and Public Land Management Sub- of America, Blinded Veterans Associa- agreed to by the Senate on February 4, committee tion, and the Non Commissioned Offi- 1977, calls for establishment of a sys- To hold oversight hearings on the White cers Association. River National Forest Plan. tem for a computerized schedule of all 345 Cannon Building SD–366 10 a.m. meetings and hearings of Senate com- Appropriations FEBRUARY 24 mittees, subcommittees, joint commit- Commerce, Justice, State, and the Judici- tees, and committees of conference. 9 a.m. ary Subcommittee This title requires all such committees Small Business To hold hearings on proposed budget es- To hold hearings on the President’s pro- timates for fiscal year 2001 for the De- to notify the Office of the Senate Daily posed budget request for fiscal year partment of State. Digest—designated by the Rules com- 2001 for the Small Business Adminis- tration. S–146, Capitol mittee—of the time, place, and purpose 2:30 p.m. of the meetings, when scheduled, and SR–428A 10 a.m. Energy and Natural Resources any cancellations or changes in the Environment and Public Works Forests and Public Land Management Sub- meetings as they occur. Transportation and Infrastructure Sub- committee To hold oversight hearings on the United As an additional procedure along committee To hold hearings on proposed legislation States Forest Service’s proposed revi- with the computerization of this infor- authorizing funds for fiscal year 2001 sions to the regulation governing Na- mation, the Office of the Senate Daily for the Army Corps of Engineers. tional Forest Planning. Digest will prepare this information for SD–406 SD–366 printing in the Extensions of Remarks Appropriations Commerce, Justice, State, and the Judici- MARCH 7 section of the CONGRESSIONAL RECORD ary Subcommittee 9:30 a.m. on Monday and Wednesday of each To hold hearings on proposed budget Veterans Affairs week. extimates for fiscal year 2001 for the the Department of Commerce. To hold joint hearings with the House Meetings scheduled for Thursday, SD–138 Committee on Veterans’ Affairs on the February 10, 2000 may be found in the 2:30 p.m. legislative recommendations of the Re- Daily Digest of today’s RECORD. Energy and Natural Resources tired Enlisted Association, Gold Star Forests and Public Land Management Sub- Wives of America, Military Order of committee the Purple Heart, Air Force Sergeants MEETINGS SCHEDULED To hold hearings on S.1722, to amend the Association, and the Fleet Reserve As- Mineral Leasing Act to increase the sociation. FEBRUARY 11 maximum acreage of Federal leases for 345 Cannon Building 10 a.m. sodium that may be held by an entity 10 a.m. Budget in any 1 State; H.R.3063, to amend the Appropriations To resume hearings on the President’s Mineral Leasing Act to increase the Commerce, Justice, State, and the Judici- maximum acreage of Federal leases for proposed budget request for fiscal year ary Subcommittee sodium that may be held by an entity 2001. To hold hearings on proposed budget es- in any one State; and S.1950, to amend SD–608 timates for fiscal year 2001 for the Fed- the Mineral Leasing Act of 1920 to en- sure the orderly development of coal, eral Bureau of Investigation, Drug En- FEBRUARY 22 coalbed methane, natural gas, and oil forcement Administration, and Immi- 9:30 a.m. in the Powder River Basin, Wyoming gration and Naturalization Service, all Appropriations and Montana. of the Department of Justice. Legislative Branch Subcommittee SD–366 SD–192 To hold hearings on proposed budget es- timates for fiscal year 2001 for the Cap- FEBRUARY 29 MARCH 15 itol Police Board, Library of Congress, 10 a.m. 10 a.m. and the Government Printing Office. Appropriations Veterans Affairs SD–116 Commerce, Justice, State, and the Judici- To hold joint hearings with the House 2:30 p.m. ary Subcommittee Committee on Veterans’ Affairs on the Energy and Natural Resources To hold hearings on proposed budget es- Legilative recommendation of the Vet- Forests and Public Land Management Sub- timates for fiscal year 2001 for the De- erans of Foreign Wars. committee partment of Justice. 345 Cannon Building To hold oversight hearings on the Ad- SD–192 ministration’s effort to review approxi- 2:30 p.m. MARCH 21 mately 40 million acres of national for- Indian Affairs est lands for increased protection. Business meeting to consider pending 10 a.m. SD–366 committee business. Appropriations SR–485 Commerce, Justice, State, and the Judici- FEBRUARY 23 ary Subcommittee 9:30 a.m. MARCH 1 To hold hearings on proposed budget es- Indian Affairs 9:30 a.m. timates for fiscal year 2001 for the Fed- To hold oversight hearings on the Presi- Indian Affairs eral Communications Commission and dent’s proposed budget request for fis- To hold oversight hearings on the Na- the Securities and Excahnge Commis- cal year 2001 for Indian programs. tional Association of Public Adminis- sion. SR–485 trators’ Report on Bureau of Indian Af- S–146, Capitol 10 a.m. fairs Management Reform. Commerce, Science, and Transportation SR–485 MARCH 22 Surface Transportation and Merchant Ma- 10 a.m. 10 a.m. rine Subcommittee Veterans Affairs Veterans Affairs To hold oversight hearings on activities To hold joint hearings with the House To hold joint hearings with the House Committee on Veterans’ Affairs on the of the National Railroad Passenger Committee on Veterans’ Affairs on the legilative recommendation of the Dis- Corporation (AMTRAK). Legislative recommendation of the abled American Veterans. SR–253 Vietnam Veterans of America, the Re- 345 Cannon Building 10:30 a.m. tired Officers Association, American Environment and Public Works Ex-Prisoners of War, AMVETS, and the To hold hearings on proposed legislation MARCH 2 National Association of State Direc- authorizing funds for fiscal year 2001 9:30 a.m. tors of Veterans Affairs. for the Environmental Protection Veterans Affairs 345 Cannon Building Agency. To hold joint hearings with the House SD–406 Committee on Veterans’ Affairs on leg-

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M09FE8.000 pfrm04 PsN: E09PT1 E108 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2000 MARCH 23 Band of Choctaw Indians, to take cer- SEPTEMBER 26 10 a.m. tain land into trust for that Band. 9:30 a.m. Appropriations SR–485 Veterans Affairs Commerce, Justice, State, and the Judici- To hold joint hearings with the House APRIL 5 ary Subcommittee Committee on Veterans’ Affairs on the To hold hearings on proposed budget es- 9:30 a.m. Legislative recommendation of the timates for fiscal year 2001 for the Na- Indian Affairs American Legion. tional Oceanic and Atmospheric Ad- To hold hearings on S.612, to provide for 345 Cannon Building periodic Indian needs assessments, to ministration of the Department of require Federal Indian program evalua- Commerce, and the Securities and Ex- tions. change Commission. SR–485 CANCELLATIONS S–146, Capitol APRIL 19 MARCH 29 MARCH 15 9:30 a.m. 9:30 a.m. 9:30 a.m. Indian Affairs Indian Affairs Indian Affairs Business meeting to consider pending Business meeting to consider pending Business meeting to consider pending calendar business; to be followed by calendar business; to be followed by hearings on S.611, to provide for admin- calendar business; to be followed by hearings on S.1967, to make technical istrative procedures to extend Federal hearings on the proposed Indian Health corrections to the status of certain recognition to certain Indian groups. Care Improvement Act. land held in trust for the Mississippi SR–485 SR–485

VerDate 272000 02:45 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M09FE8.000 pfrm04 PsN: E09PT1 Wednesday, February 9, 2000 Daily Digest Senate Rotterdam Convention concerning Hazardous Chamber Action Chemicals and Pesticides in International Trade Routine Proceedings, pages S509–S562 (Treaty Doc. No. 106–21) Measures Introduced: Nine bills and one resolu- The treaty was transmitted to the Senate today, tion were introduced, as follows: S. 2042–2050, and considered as having been read for the first time, and S. Res. 255. Page S538 referred, with accompanying papers, to the Com- mittee on Foreign Relations and was ordered to be Measures Reported: Reports were made as follows: printed. Page S559 S. 1794, to designate the Federal courthouse at 145 East Simpson Avenue in Jackson, Wyoming, as Messages From the President: Senate received the the ‘‘Clifford P. Hansen Federal Courthouse’’. following messages from the President of the United States: Page S538 Transmitting, pursuant to law, a report relative to Measures Passed: the emigration laws and policies of Albania; to the Honoring Bob Collins: Senate agreed to S. Res. Committee on Finance. (PM–85) Page S535 255, recognizing and honoring Bob Collins, and ex- Transmitting the report of three rescissions of pressing the condolences of the Senate to his family budget authority; which was referred jointly, pursu- on his death. Page S554 ant to the order of January 30, 1975; to the Com- mittees on the Budget, Appropriations, Energy and Nuclear Waste Policy Amendments Act: Senate Natural Resources, and Banking, Housing, and continued consideration of S. 1287, to provide for Urban Affairs. (PM–86) Page S535 the storage of spent nuclear fuel pending completion of the nuclear waste repository, taking action on the Nominations Confirmed: Senate confirmed the fol- following amendments proposed thereto: lowing nominations: Pages S514±20, S522±34 18 Army nominations in the rank of general. Adopted: Pages S554, S562 Murkowski Amendment No. 2813 (to Amend- Nominations Received: Senate received the fol- ment No. 2808), in the nature of a substitute. lowing nominations: Page S522 John Antoon II, to be United States District Murkowski (for Conrad) Amendment No. 2819 Judge for the Middle District of Florida. (to Amendment No. 2813), to include the State of Robert J. Cindrich, of Pennsylvania, to be United North Dakota, South Dakota, Wisconsin, and Michi- States Circuit Judge for the Third Circuit. gan in the study required by this Act. Page S522 John R. Dinger, of Florida, to be Ambassador to Pending: Mongolia. Lott (for Murkowski) Amendment No. 2808, in Audrey G. Fleissig, to be United States Attorney for the Eastern District of Missouri. the nature of a substitute. Pages S514±20, S522±34 Phyllis J. Hamilton, to be United States District A unanimous-consent agreement was reached pro- Judge for the Northern District of California. viding for further consideration of the bill and pend- Douglas Alan Hartwick, of Washington, to be ing substitute amendment on Thursday, February Ambassador to the Lao People’s Democratic Repub- 10, 2000, with a vote on final passage to occur at lic. 11 a.m. Page S554 Christopher Robert Hill, of Rhode Island, to be A unanimous-consent agreement was reached pro- Ambassador to the Republic of Poland. viding that the cloture vote scheduled to occur on Donna Jean Hrinak, of Virginia, to be Ambas- S. 1287 be vitiated. Page S522 sador to the Republic of Venezuela. Removal of Injunction of Secrecy: The injunction Kent R. Markus, of Ohio, to be United States of secrecy was removed from the following treaty: Circuit Judge for the Sixth Circuit. D68

VerDate 27-JAN-2000 02:46 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE0.REC pfrm04 PsN: D09FE0 CONGRESSIONAL RECORD — DAILY DIGEST D69 Danny Lee McDonald, of Oklahoma, to be a Waste, both of Washington, D.C.; Mark Furth, As- Member of the Federal Election Commission. sociated Milk Producers, Inc., New Ulm, Minnesota; Christopher A. McLean, of Nebraska, to be Ad- James Tillison, Alliance of Western Milk Producers, ministrator, Rural Utilities Service, Department of Sacramento, California; Larry J. Jensen, Leprino Agriculture. Foods, Denver, Colorado, on behalf of the Inter- John Martin O’Keefe, of Virginia, to be Ambas- national Dairy Foods Association; Dennis Meyer, sador to the Kyrgyz Republic. Bernard, Iowa, on behalf of the Family Dairies USA; Mary Ann Peters, of California, to be Ambassador Clark W. Hinsdale, III, Vermont Farm Bureau, Inc., to the People’s Republic of Bangladesh. Richmond, on behalf of the American Farm Bureau Marc Racicot, of Montana, to be a Member of the Federation; John Neal Scarlett, New Market, Ten- Board of Directors of the Corporation for National nessee, on behalf of the South East Dairy Farmers and Community Service. Association; Will Hughes, University of Wisconsin Bradley A. Smith, of Ohio, to be a Member of the Center for Cooperatives, Madison; Eugene Paul, Na- Federal Election Commission. tional Farmers Organization, Ames, Iowa; and Bill Alan D. Solomont, of Massachusetts, to be a Brey, Wisconsin Farmers Union, Sturgeon Bay, on Member of the Board of Directors of the Corporation behalf of the National Farmers Union; and James for National and Community Service. Vanblarcom, Colombia Cross Roads, Pennsylvania, 2 Navy nominations in the rank of admiral. on behalf of the Pennsylvania Farm Bureau’s State Routine lists in the Navy, Army, and Marine Dairy Committee. Corps. Pages S559±62 LOAN GUARANTEES AND RURAL Messages From the President: Page S535 TELEVISION SERVICE Messages From the House: Pages S535±36 Committee on Banking, Housing, and Urban Affairs: Communications: Pages S536±37 Committee concluded hearings to examine the pro- Executive Reports of Committees: Page S538 posed Federal loan guarantees for rural television service, focusing on rural satellite and cable system Statements on Introduced Bills: Pages S538±51 delivery of local broadcast stations to viewers not Additional Cosponsors: Page S551 having access to local television stations, and the Amendments Submitted: Page S552 digital divide, and the disparity of access to the Internet in rural areas, after receiving testimony from Authority for Committees: Page S552 Senators Burns, Hutchinson, Thomas, and Lincoln; Additional Statements: Pages S552±54 and Dan L. Crippen, Director, Congressional Budget Privileges of the Floor: Page S552 Office. Adjournment: Senate convened at 10:30 a.m., and 2001 BUDGET adjourned at 6:28 p.m., until 10 a.m., on Thursday, Committee on the Budget: Committee continued hear- February 10, 2000. (For Senate’s program, see the re- ings on the President’s proposed budget request for marks of the Acting Majority Leader in today’s fiscal year 2001, focusing on budget surpluses and Record on page S554.) debt reduction issues, receiving testimony from Jacob J. Lew, Director, Office of Management and Committee Meetings Budget. Committee will meet again tomorrow. (Committees not listed did not meet) AUTHORIZATION—FEDERAL TRADE FEDERAL DAIRY POLICY COMMISSION Committee on Agriculture, Nutrition, and Forestry: Com- Committee on Commerce, Science, and Transportation: Sub- mittee concluded hearings to examine United States committee on Consumer Affairs, Foreign Commerce, dairy policy and programs, focusing on the Federal and Tourism concluded hearings on proposed legisla- Milk Marketing Order, Northeast Dairy Compact, tion authorizing funds for the Federal Trade Com- and Dairy Export Incentive Program, after receiving mission, after receiving testimony from Robert testimony from Kenneth C. Clayton, Associate Ad- Pitofsky, Chairman, Federal Trade Commission; ministrator, Agricultural Marketing Service, Depart- Howard Adler, Jr., Baker and McKenzie, on behalf ment of Agriculture; Arthur S. Jaeger, Consumer of the U.S. Chamber of Commerce, Albert A. Foer, Federation of America, and John E. Frydenlund, American Antitrust Institute, and Deirdre Mulligan, Center for International Food and Agriculture Pol- Center for Democracy and Technology, all of Wash- icy, on behalf of the Citizens Against Government ington, D.C.; Stephen D. Bolerjack, Ford Motor

VerDate 27-JAN-2000 02:46 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE0.REC pfrm04 PsN: D09FE0 D70 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2000 Company, Dearborn, Michigan, on behalf of the Na- U.S. FOREIGN STRATEGY tional Association of Manufacturers; Daniel Jaye, En- Committee on Foreign Relations: Committee concluded gage Technologies, Inc., Andover, Massachusetts; hearings to examine United States foreign policy and Vermont Attorney General William H. Sorrell, strategy, after receiving testimony from R. James Montpelier. Woolsey, Shea and Gardner, former Director of Cen- BUSINESS MEETING tral Intelligence, and Robert B. Zoellick, former Under Secretary of State, both of Washington, D.C.; Committee on Environment and Public Works: Com- and William J. Perry, Stanford University, Stanford, mittee ordered favorably reported the following busi- California, former Secretary of Defense. ness items: S. 1653, to reauthorize and amend the National COLLEGE COST Fish and Wildlife Foundation Establishment Act; Committee on Governmental Affairs: Committee held S. 1752, to reauthorize and amend the Coastal hearings to examine the rising cost of college tuition Barrier Resources Act, with an amendment; and the effectiveness of Government financial aid, re- S. 1946, to amend the National Environmental ceiving testimony from Jamie Pueschel, United Education Act to redesignate that Act as the ‘‘John States Student Association, Washington, D.C.; David H. Chafee Environmental Education Act’’, to estab- W. Breneman, University of Virginia, Charlottes- lish the John H. Chafee Memorial Fellowship Pro- ville; Claire L. Gaudiani, Connecticut College, New gram, and to extend the programs under that Act, London; Caroline M. Hoxby, Harvard University, with an amendment; Cambridge, Massachusetts; William F. Massy, Jack- S. 1794, to designate the Federal courthouse at son Hole Higher Education Group, Inc., Jackson, 145 East Simpson Avenue in Jackson, Wyoming, as Wyoming; and William E. Troutt, Rhodes College, the ‘‘Clifford P. Hansen Federal Courthouse’’; Memphis, Tennessee. S. 1691, to amend the Robert T. Stafford Disaster Hearings continue tomorrow. Relief and Emergency Assistance Act to authorize programs for predisaster mitigation, to streamline BALLISTIC MISSILE THREAT TO THE U.S. the administration of disaster relief, to control the Committee on Governmental Affairs: Subcommittee on Federal costs of disaster assistance, with an amend- International Security, Proliferation and Federal Serv- ment in the nature of a substitute; ices concluded hearings to examine the National In- H.R. 707, to amend the Robert T. Stafford Dis- telligence Estimate on the ballistic missile threat to aster Relief and Emergency Assistance Act to author- the United States, after receiving testimony from ize a program for predisaster mitigation, to stream- Robert D. Walpole, National Intelligence Officer for line the administration of disaster relief, to control Strategic and Nuclear Programs, National Intel- the Federal costs of disaster assistance; and, ligence Council; and William Schneider, Jr., Hudson The nominations of Eric D. Eberhard, of Wash- Institute, and Joseph Cirincione, Carnegie Endow- ington, to be a Member of the Board of Trustees of ment for International Peace, both of Washington, the Morris K. Udall Scholarship and Excellence in D.C. National Environmental Policy Foundation, and W. Michael McCabe, of Pennsylvania, to be Deputy Ad- INTELLIGENCE ministrator of the Environmental Protection Agency. Select Committee on Intelligence: Committee held closed Also, committee approved the following sub- hearings on intelligence matters, receiving testimony committee name change: Subcommittee on Fisheries, from officials of the intelligence community. Wildlife, and Water. Committee will meet again tomorrow.

VerDate 27-JAN-2000 02:46 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE0.REC pfrm04 PsN: D09FE0 CONGRESSIONAL RECORD — DAILY DIGEST D71 House of Representatives NATIONAL DEFENSE AUTHORIZATION Chamber Action BUDGET REQUEST Bills Introduced: 5 public bills, H.R. 3605–3609, Committee on Armed Services: Held a hearing on the and 2 resolutions, H. Res. 420–421, were intro- Fiscal Year 2001 National Defense Authorization duced. Page H278 Budget Request. Testimony was heard from the fol- Reports Filed: No reports were filed today. lowing officials of the Department of Defense: Wil- Speaker Pro Tempore: Read a letter from the liam S. Cohen, Secretary; Gen. Henry H. Shelton, Speaker wherein he designated Representative USA, Chairman, Joint Chiefs of Staff; and William Biggert to act as Speaker pro tempore for today. J. Lynn, III, Comptroller. Hearings continue tomorrow. Page H257 Quorum Calls—Votes: No quorum calls or re- HOLOCAUST VICTIMS’ ASSETS corded votes developed during the proceedings of the RESTITUTION House today. Committee on Banking and Financial Services: Held a Adjournment: The House met at 10:00 a..m. and hearing on issues related to the restitution of Holo- adjourned at 1:06 p.m. caust victims’ assets. Testimony was heard from Stu- art Eizenstat, Deputy Secretary, Department of the Treasury; and public witnesses. Committee Meetings Hearings continue tomorrow. MEDICAL ERRORS: IMPROVING QUALITY RURAL AMERICA DIRECT-TO-HOME OF CARE SATELLITE SERVICES Committee on Commerce, Subcommittee on Health and Committee on Agriculture: Subcommittee on Depart- Environment, the Subcommittee on Oversight and ment Operations, Oversight, Nutrition, and Forestry Investigations and the Subcommittee on Health of held a hearing to review legislation to establish a the Committee on Veterans’ Affairs held a joint loan guarantee program to promote the delivery of hearing on Medical Errors: Improving Quality of direct-to-home satellite services to rural America. Care and Consumer Information. Testimony was Testimony was heard from Representatives Emerson heard from Thomas Garthwaite, M.D., Acting Under and Boucher; Christopher McLean, Acting Adminis- Secretary, Health, Veterans Health Administration, trator, Rural Utilities Service, USDA; and public Department of Veterans Affairs; Janet Heinrich, As- witnesses. sociate Director, Health Financing and Public Health Issues, GAO; and public witnesses. LABOR-HHS-EDUCATION OVERSIGHT APPROPRIATIONS Committee on Commerce: Subcommittee on Tele- Committee on Appropriations: Subcommittee on Labor, communications, Trade, and Consumer Protection Health and Human Services, and Education held a held an oversight hearing on The White House, the hearing on the Administration on Children, Youth Networks, and TV Censorship. Testimony was heard and Families, the Administration on Aging, the Sub- from Donald R. Vereen, Jr., M.D., Deputy Director, stance Abuse and Mental Health Services Adminis- Office of National Drug Control Policy; and public tration and the Agency for Health Care Policy and witnesses. Research. Testimony was heard from the following officials of the Department of Health and Human INNOVATIVE EDUCATION—PROVIDING Services: Olivia Golden, Assistant Secretary, Admin- FLEXIBILITY istration for Children and Families; Jeanette Committee on Education and the Workforce: Sub- Takamura, Assistant Secretary, Administration on committee on Early Childhood, Youth, and Families Aging; Nelba Chavez, M.D., Administrator, Sub- held a hearing on Title VI: Providing Flexibility for stance Abuse and Mental Health Services Adminis- Innovative Education. Testimony was heard from tration; and John M. Eisenberg, Administrator, Valerie Woodruff, Acting Secretary of Education, Agency for Health Care Policy and Research. Department of Education, State of Delaware; and public witnesses.

VerDate 27-JAN-2000 02:46 Feb 10, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE0.REC pfrm04 PsN: D09FE0 D72 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2000 OVERSIGHT—ADA’S APPLICABILITY TO mony was heard from Lawrence H. Summers, Sec- PRIVATE INTERNET SITES retary of the Treasury. Committee on the Judiciary: Subcommittee on the Con- stitution held an oversight hearing on the Applica- bility of the Americans with Disabilities Act to Pri- COMMITTEE MEETINGS FOR THURSDAY, vate Internet Sites. Testimony was heard from public FEBRUARY 10, 2000 witnesses. (Committee meetings are open unless otherwise indicated) OVERSIGHT—ALASKA PUBLIC LANDS ACCESS; CRAIG MUNICIPAL EQUITY ACT Senate Committee on Resources: Held an oversight hearing on Committee on Agriculture, Nutrition, and Forestry: to hold issues and controversies relating to access across con- hearings to examine the findings of the President’s work- servation systems lands and other public lands in ing group’s report on Over the Counter Derivatives Mar- Alaska under the Alaska National Interest Lands kets and the Commodity Exchange Act, 9 a.m., SH–216. Committee on Appropriations: Subcommittee on Transpor- Conservation Act. Testimony was heard from Donald tation, to hold hearings on proposed budget estimates for J. Barry, Assistant Secretary, Fish and Wildlife and fiscal year 2001 for the Department of Transportation, 10 Parks, Department of the Interior; and public wit- a.m., SD–124. nesses. Subcommittee on Agriculture, Rural Development, and The Committee also held a hearing on H.R. 3182, Related Agencies, to hold hearings on proposed budget Craig Municipal Equity Act of 1999. Testimony was estimates for fiscal year 2001 for the Department of Agri- heard from Jack Craven, Director of Lands, Forest culture, 10:30 a.m., SD–138. Service, USDA; and Dennis Watson, Mayor, Craig, Committee on Armed Services: to resume hearings on pro- Alaska. posed legislation authorizing funds for fiscal year 2001 for the Department of Defense, and the future years de- SHRINKING WORKFORCE ENDANGERS fense program, 9:30 a.m., SD–106. AMERICA’S SMALL BUSINESSES; SKILLED Committee on the Budget: to hold hearings on spectrum WORKFORCE ENHANCEMENT ACT auctions, technology, and the President’s proposed budget Committee on Small Business: Held a hearing on request for fiscal year 2001, 10 a.m., SD–608. Shrinking Workforce Endangers America’s Small Committee on Energy and Natural Resources: business Businesses: Examining the Need for the Skilled meeting to consider pending calendar business, 2 p.m., Workforce Enhancement Act, focusing on H.R. SD–366. Full Committee, to hold hearings on S. 1797, to 1824, Skilled Workforce Enhancement Act of 1999. amend the Alaska Native Claims Settlement Act, to pro- Testimony was heard from Senator DeWine; and vide for a land conveyance to the City of Craig, Alaska; public witnesses. S. 1192, to designate national forest land managed by the FISCAL YEAR 2001—AGENCY BUDGETS Forest Service in the Lake Tahoe Basin as the ‘‘Lake AND PRIORITIES Tahoe National Scenic Forest and Recreation Area’’, and to promote environmental restoration around the Lake Committee on Transportation and Infrastructure: Sub- Tahoe Basin; S. 1664, to clarify the legal effect on the committee on Water Resources and Environment United States of the acquisition of a parcel of land in the held a hearing on Agency Budgets and Priorities for Red Cliffs Desert Reserve in the State of Utah; S. 1665, Fiscal year 2001. Testimony was heard from Joseph to direct the Secretary of the Interior to release rever- W. Westphal, Assistant Secretary, Army (Civil sionary interests held by the United States in certain par- Works), Corps of Engineers; the following officials of cels of land in Washington County, Utah, to facilitate an the EPA: J. Charles Fox, Assistant Administrator, anticipated land exchange; H.R. 2863, to clarify the legal Water; and Timothy Fields, Jr., Assistant Adminis- effect on the United States of the acquisition of a parcel trator, Solid Waste and Emergency Response; the of land in the Red Cliffs Desert Reserve in the State of following officials of the TVA: Kate J. Jackson, Ex- Utah; H.R. 2862, to direct the Secretary of the Interior to release reversionary interests held by the United States ecutive Vice President, Resource Group; and David in certain parcels of land in Washington County, Utah, N. Smith, CFO; Danny D. Sells, Associate Chief, to facilitate an anticipated land exchange; and S. 1936, Natural Resources Conservation Service, USDA; and to authorize the Secretary of Agriculture to sell or ex- Sally J. Yozell, Deputy Assistant Secretary, Oceans change all or part of certain administrative sites and other and Atmosphere, NOAA, Department of Commerce. National Forest System land in the State of Oregon and ADMINISTRATION’S FISCAL YEAR 2001 use the proceeds derived from the sale or exchange for BUDGET National Forest System purposes, 2:30 p.m., SD–366. Committee on Finance: to hold hearings on the implica- Committee on Ways and Means: Held a hearing on the tions of the Seattle Ministerial on trade policies, 10 a.m., Administration’s Fiscal Year 2001 budget. Testi- SD–215.

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Committee on Foreign Relations: to hold hearings on the Committee on Education and the Workforce, Subcommittee President’s proposed budget request for fiscal year 2001 on Early Childhood, Youth, and Families, hearing on for foreign aid, and to review U.S. foreign policy, 10:30 21st Century Community Learning Centers Program, 10 a.m., SD–419. a.m., 2175 Rayburn. Subcommittee on East Asian and Pacific Affairs, to Committee on International Relations, hearing on OPEC hold joint hearings with the House Committee on Inter- and the Northeast Energy Crisis, 10 a.m., 2154 Rayburn. national Relations’ Subcommittee on Asia and the Pacific Committee on the Judiciary, Subcommittee on the Con- on the current situation in East Timor, 1:30 p.m., 2123 stitution, hearing on H.J. Res. 64, proposing an amend- Rayburn Building. ment to the Constitution of the United States to protect Full Committee, to hold hearings on Russian intel- the rights of crime victims, 10 a.m., 2237 Rayburn. ligence activities directed at the Department of State, Subcommittee on Crime, hearing on money laun- 2:30 p.m., SD–419. dering, 1:30 p.m., 2141 Rayburn. Committee on Governmental Affairs: to continue hearings Subcommittee on Immigration and Claims, hearing on to examine the rising cost of college tuition and the effec- H.R. 2121, Secret Evidence Repeal Act of 1999, 10 a.m., tiveness of the Federal financial aid, 10 a.m., SD–342. 2226 Rayburn. Select Committee on Intelligence: to hold closed hearings on Subcommittee on Immigration and Claims, oversight pending intelligence matters, 2 p.m., SH–219. hearing on the Visa Waiver Pilot Program, 11 a.m., 2226 Committee on the Judiciary: business meeting to mark up Rayburn. H.R. 1658, to provide a more just and uniform procedure Committee on Resources, Subcommittee on National Parks for Federal civil forfeitures; S. 1638, to amend the Omni- and Public Lands, oversight hearing on Proposed Conces- bus Crime Control and Safe Streets Act of 1968 to extend sions Regulations, 11 a.m., 1324 Longworth. the retroactive eligibility dates for financial assistance for Subcommittee on Water and Power, hearing on the higher education for spouses and dependent children of following: a measure to raise the ceiling for the Dam Federal, State, and local law enforcement officers who are Safety Act; H.R. 3577, to increase the amount authorized killed in the line of duty; S. 671, to amend the Trade- to be appropriated for the north side pumping division mark Act of 1946 to provide for the registration and pro- of the Minidoka reclamation project, Idaho; H.R. 2647, tection of trademarks used in commerce, in order to carry Ak-Chin Water Use Amendments Act of 1999; and H.R. out provisions of certain international conventions; S. Res. 3236, to authorize the Secretary of the Interior to enter into contracts with the Weber Basin Water Conservancy 251, designating March 25, 2000, as ‘‘Greek Independ- District, Utah, to use Weber Basin Project facilities for ence Day: A National Day of Celebration of Greek and the impounding, storage, and carriage of nonproject water American Democracy’’; and the proposed Pardon Attorney for domestic, municipal, industrial, and other beneficial Reform and Integrity Act, 10 a.m., SD–226. purposes, 2 p.m., 1324 Longworth. Subcommittee on Immigration, to hold hearings to ex- Committee on Transportation and Infrastructure, Sub- amine enhancing border security, 2 p.m., SD–226. committee on Water Resources and Environment, hearing on EPA’s Proposed Regulations Regarding Total Max- House imum Daily Loads, the National Pollutant Discharge Committee on Appropriations, Subcommittee on Labor, Elimination System, and the Federal Anti-Degradation Health and Human Services, and Education, on the Policy, 10 a.m., 2167 Rayburn. Health Resources and Services Administration, 10:30 Committee on Ways and Means, Subcommittee on Health, a.m., and on the Centers for Disease Control and Preven- hearing on Medical Errors, 9:30 a.m., 1310 Longworth. tion, 2 p.m., 2358 Rayburn. Subcommittee on Social Security and the Sub- Subcommittee on Transportation, on Members of Con- committee on Human Resources, joint hearing to Exam- gress and public witnesses, 9:30 a.m., 2358 Rayburn. ine Social Security’s Readiness for the Impending Wave Committee on Armed Services, to continue hearings on the of Baby Boomer Beneficiaries, 11 a.m., 1100 Longworth. Fiscal Year 2001 National Defense Authorization Budget Request, 10 a.m., 2118 Rayburn. Joint Meetings Committee on Banking and Financial Services, to continue Joint Meetings: Senate Committee on Foreign Relations, hearings on issues related to the restitution of Holocaust Subcommittee on East Asian and Pacific Affairs, to hold victims’ assets, 10 a.m., 2128 Rayburn. joint hearings with the House Committee on Inter- Committee on Commerce, Subcommittee on Oversight and national Relations’ Subcommittee on Asia and the Pacific Investigations, hearing on the reuse of single-use medical on the current situation in East Timor, 1:30 p.m., 2123 devices, 10 a.m., 2322 Rayburn. Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 10 10 a.m., Thursday, February 10

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 6, Mar- ation of S. 1287, Nuclear Waste Policy Amendments riage Tax Penalty Relief Act of 2000 (structured rule, 2 Act, with a vote on final passage to occur at 11 a.m. hours of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Houghton, Amo, N.Y., E105 Sandlin, Max, Tex., E102 Jones, Stephanie Tubbs, Ohio, E104 Talent, James M., Mo., E105 Barrett, Thomas M., Wisc., E103 Kelly, Sue W., N.Y., E102 Underwood, Robert A., Guam, E101 Clayton, Eva M., N.C., E100, E101, E103 McCarthy, Carolyn, N.Y., E100, E102 Vento, Bruce F., Minn., E101, E105 Deutsch, Peter, Fla., E103 Menendez, Robert, N.J., E103 Weller, Jerry, Ill., E99 Gallegly, Elton, Calif., E102 Murtha, John P., Pa., E101 Gephardt, Richard A., Mo., E104 Pallone, Frank, Jr., N.J., E100, E101

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