SENATE—Wednesday, June 23, 1999

June 23, 1999 CONGRESSIONAL RECORD—SENATE 13909 SENATE—Wednesday, June 23, 1999

The Senate met at 9:30 a.m. and was RESERVATION OF LEADER TIME wealth of information on how the Clin- called to order by the President pro The PRESIDING OFFICER. Under ton administration has undermined na- tempore [Mr. THURMOND]. the previous order, leadership time is tional security to simultaneously pur- reserved. sue its misguided foreign policies and PRAYER self-serving domestic political agendas. The Chaplain, Dr. Lloyd John f On the one hand, there is the mind- Ogilvie, offered the following prayer: ORDER OF PROCEDURE boggling story of how the Clinton administration deliberately changed al- Gracious God, You are more willing The PRESIDING OFFICER. The to bless and guide us than we are to most 50 years of bipartisan security Chair now recognizes the Senator from policies—relaxing export restrictions, ask for Your help. Forgive that obsti- Oklahoma for 30 minutes. nance in us that resists Your interven- signing waivers to allow technology Mr. INHOFE. I thank the Chair. transfers, ignoring China’s violation of tion and inspiration with ‘‘I’d rather do Mr. KENNEDY. Mr. President, will it myself!’’ independence. Father, en- arms control agreements, and its theft the Senator yield for just a brief ques- of our nuclear secrets, opening up even able us to be open to receive Your wis- tion? The Senator, as he knows, is rec- dom, vision, and direction. We know in more nuclear and high technology ognized for 30 minutes. I would like to floodgates to China and others—thus our hearts that we were never meant to ask that 30 minutes be reserved on this make it on our own. When You step in harming U.S. national security. side as well. On the other hand, there is the con- to assist us, things just go better, prob- Mr. INHOFE. Reserving the right to tinuing coverup—the effort to hide lems are resolved, and relationships are object. from Congress and the American people more open, real, and mutually encour- The PRESIDING OFFICER. Without the true damage that has been done to aging. Grant us the courage to admit objection, it is so ordered. national security and the Clinton ad- our need for You and make this day Mr. INHOFE. I am reserving the ministration’s central role in allowing one of consistent awareness of Your right to object. so much of it to happen on their watch. eternal presence in everything. You are The PRESIDING OFFICER. Was Over three months ago—on March Lord of all and come to aid us in our there a reservation on the request? 15—I spoke on this floor about China’s problems—big and small. Thank You, Mr. INHOFE. Yes. theft of the W–88 nuclear warhead. To dear God. Amen. The PRESIDING OFFICER. Is there remind you, this is the crown jewel of f objection? our nuclear arsenal. It is the warhead Mr. INHOFE. I am still reserving the that has 10 times the explosive power RECOGNITION OF THE MAJORITY right to object. of the bomb that was dropped on Hiro- LEADER Mr. KENNEDY. I will withdraw the shima and yet just a fraction its size. I spoke about how serious this was to The PRESIDENT pro tempore. The request for the moment. The PRESIDING OFFICER. The re- our national security—how it was a able majority leader, Senator LOTT of story with life and death implications Mississippi, is recognized. quest is withdrawn. The Senator from Oklahoma is now recognized. for millions of Americans. f Mr. INHOFE. I thank the Chair. I told how President Clinton was di- Mr. KENNEDY. I apologize to the rectly responsible for downplaying the SCHEDULE Senator. If I could make that re- significance of and covering up this story. While the information on the W– Mr. LOTT. Mr. President, today the quest—— 88 design—the crown jewel of our nu- Senate will resume consideration of Mr. INHOFE. I object. Mr. KENNEDY. I think the matter clear arsenal—was stolen in the late the agriculture appropriations bill. 1980’s, the theft was first discovered in Amendments are expected to be of- has been cleared. Mr. INHOFE. All right. No objection. 1995 by this administration. So people fered, and it is my hope the Senate can remember, it was the Chinese walk-in consider agriculture-related amend- The PRESIDING OFFICER. Without objection, it is so ordered. informant to the CIA that gave us all ments during today’s session of the this information. I told how it was this Senate. All Senators can therefore ex- The Senator from Oklahoma is again recognized. administration and this President who pect rollcall votes throughout the ses- deliberately covered up this vital infor- sion. f mation from Congress and the Amer- As a reminder, there will be no votes ican people and, at the same time, on Friday, June 25. However, votes are THE CLINTON NATIONAL SECU- RITY SCANDAL AND COVERUP lulled our people into a false sense of expected very likely into the evening security by repeating the lie that there on Thursday in an effort to complete Mr. INHOFE. Mr. President, I ask were no nuclear missiles targeted at action on the important agriculture that you listen again. I am going to America’s children. appropriations bill. pick up on the incredible but true story At that time, I spoke of six proven I might also say that Senator of the Clinton administration’s be- incontrovertible facts, and let me re- DASCHLE and I are in the process of ex- trayal of national security and the peat them now: changing some suggestions of how we scandalous coverup that continues as 1. President Clinton hosted over 100 might further consider the Patients’ we speak. In doing so, I fully realize campaign fundraisers in the White Bill of Rights issue. that the majority of Americans will House, many with Chinese connections. Mr. President, I ask unanimous con- not believe me. They have continued to 2. President Clinton used John sent that Senator INHOFE be permitted believe our President even after he has Huang, Charlie Trie, Johnny Chung, to speak in morning business for up to demonstrated over and over that he James Riady, and others with strong 30 minutes. has no regard for the truth. Chinese ties to raise campaign money. The PRESIDING OFFICER (Mr. AL- Though you would never realize it by 3. President Clinton signed waivers LARD). Without objection, it is so or- listening to the national media or the to allow his top campaign fundraiser’s dered. Clinton spin doctors, the recently re- aerospace company to transfer U.S. Mr. LOTT. I yield the floor. leased Cox Report has revealed a missile guidance technology to China.

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

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13910 CONGRESSIONAL RECORD—SENATE June 23, 1999 4. President Clinton covered up the First, let us begin with a simple fact: weapons, ballistic missiles, and ad- theft of our most valuable nuclear Sixteen of the 17 most significant vanced military aviation equipment; weapons technology. major technology breaches revealed in No. 3, the theft of nuclear warhead 5. President Clinton lied to the Amer- the Cox Report were first discovered simulation technology enhancing Chi- ican people over 130 times about our after 1994. With the lone exception of na’s ability to perfect miniature nu- nation’s security while he knew Chi- the W–70 technology that was discov- clear warheads without actual testing; nese missiles were aimed at American ered back in the 1970’s during the Clin- No. 4, the theft of advanced electro- children. ton administration, all the rest of magnetic weapons technology useful in 6. President Clinton single-handedly them were discovered since 1994. Again, the development of anti-satellite and stopped the deployment of a national that is when they had the individual anti-missile systems; missile defense system, exposing every who came into the CIA and exposed all No. 5, the transfer of missile nose American life to a missile attack, leav- of those. cone technology enabling China to sub- ing America with no defense whatso- Let me repeat—sixteen of the 17 most stantially improve the reliability of its ever against an intercontinental bal- significant major technology breaches intercontinental ballistic missiles; listic missile. revealed in the Cox Report were first No. 6, the transfer of missile guid- On March 15, I began my speech by discovered during the Clinton adminis- ance technology (by President Clinton asking the American people to listen as tration. Those who tell you otherwise to China) enabling China to substan- I told them ‘‘a story of espionage, con- are willfully lying to you. tially improve the accuracy of its bal- spiracy, deception, and cover-up—a Second, of the remaining 16 tech- listic missiles—these same missiles story with life and death implications nology breaches, one definitely oc- that are targeting U.S. cities; for millions of Americans—a story curred during the Reagan administra- No. 7, the theft of space-based radar about national security and a Presi- tion—the W–88 Trident D–5. Seven oc- technology giving China the ability to dent and an administration that delib- curred sometime before 1995, though it detect our previously undetectable sub- erately chose to put national security is unclear exactly when. And eight oc- merged submarines; and at risk, while telling the people every- curred—without question—during the No. 8, the theft of some other ‘‘classi- thing was fine.’’ Clinton administration. fied thermonuclear weapons informa- In the three months since I made Let’s take a closer look at these. The tion’’ which ‘‘the Clinton administra- these statements, none has been re- seven that occurred before 1995 in- tion’’ (not the Cox committee) ‘‘has de- futed. cluded breaches of information on all termined . . . cannot be made public.’’ Now, I come before you to tell some of the currently deployed nuclear war- We used to think China was decades of the rest of the story that we have heads in the U.S. intercontinental bal- behind us in terms of building a mod- learned since March 15. And it is a listic missile arsenal: the W–56 Minute- ern advanced nuclear arsenal. Now we truly astounding story. We thought the man II; the W–62 Minuteman III; the learn that, later this year, China is W–88 story was bad—and it is. But with W–76 Trident C–4; the W–78 Minuteman planning to test its new JL–2 long the release of the Cox Report last Mark 12A; and the W–87 Peacekeeper. range ICBM, a submarine launched bal- month, the American people have been In addition, there was the breach of listic missile with MIRV capability— presented with documented evidence classified information on reentry vehi- meaning multiple independently tar- that the harm President Clinton has cles, the heat shield that protects war- geted warheads on each missile—al- done to U.S. national security is enor- heads as they reenter the Earth’s at- most a replica of our Trident ICBM. mously worse than we thought. mosphere when delivered by long-range This missile will have a range of over On March 15, I said that, as damaging ballistic missiles. 13,000 kilometers and could reach any- as the W–88 breach was, I believed we Let me repeat that all of these tech- where in the United States from pro- had not yet scratched the surface of nology breaches were first discovered tected Chinese waters. the national security scandal exposed in 1995. They were discovered when a In addition, we know that China has by this one revelation. I must say that Chinese ‘‘walk-in’’ agent actually ap- been helping North Korea, among oth- I was right—even beyond my own worst proached the CIA at a location outside ers, with weapons and technology. fears. of China and handed them a secret Chi- North Korea is also expected to test its Let’s not be distracted by the self- nese government document containing long range Taepo Dong II missile later serving Clinton spin: that everybody state-of-the-art classified information this year. does it; that it all happened during pre- about the W–88 and the other U.S. nu- I am reminded of something that vious administrations; that this is only clear warheads. We still don’t know happened last August when I made a about security at the nuclear weapons why he did this, but he did. request to sort of see where we were lab; that there is equal blame to go The Cox Report also tells us that the and where North Korea was in terms of around on all sides; that President Energy Department and FBI investiga- a threat to the United States. Clinton acted quickly and properly tions of this matter have focused exclu- In a letter that I received from Gen- when he found out; and that the only sively on the loss of the W–88, which we eral Shelton, who was depending on our problem is now being fixed. know happened around 1988. There have intelligence system for his response, he I am here today to tell you that all of been no investigations undertaken said it would be at least three years be- this is wrong. The Clinton spin is noth- about the loss of the other warheads, fore the North Koreans would have a ing more than a dishonest smokescreen the timing of whose loss cannot be as multiple-stage rocket. That was Au- designed to divert attention from the clearly pinned down. gust 24. Seven days later, on August 31, real issues. It is also, I believe, an at- Next, we move to the other eight they fired a multiple-stage rocket. tempt to dissuade people from actually major technology breaches revealed in I remind my colleagues we have no reading the Cox Report and discovering the Cox Report. All of these were not defense against either of these poten- for themselves that the Clinton spin is only first discovered during the Clinton tial threats, because of the policy deci- a snare, a delusion, and a lie. administration, they also happened sions of the Clinton administration. This is why I want to take some time during the Clinton administration: Someone very smart back in 1983 deter- to walk through some of the more im- No. 1, the transfer of the so-called mined that we would need a national portant revelations in the Cox Report Legacy Codes containing data on 50 missile defense system in place by Fis- and to remind my colleagues that we years of U.S. nuclear weapons develop- cal Year 98. We were on track to meet have an obligation to tell the American ment including over 1,000 nuclear tests; the deadline until 1993 when President people the truth—the truth that the No. 2, the sale and diversion to mili- Clinton, through his veto power, media is inexplicably ignoring and that tary purposes of hundreds of high per- stopped this missile defense system. the President seems to hope the people formance computers enabling China to But as the Cox Report points out, nu- will never find out on their own. enhance its development of nuclear clear espionage by China is only one

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13911 part of the problem. China’s efforts to employee found guilty of breaching items to countries like China. When acquire U.S. military related tech- classified information. When this hap- this happened, it opened the commer- nology is pervasive. Operating through pened, it sent a message to employees cial floodgates. Ever since, there has a maze of government and quasi-gov- throughout the Department, that this been a wild scramble for competition ernment entities and front companies, administration was not serious about to sell more and more advanced tech- China has established a technology countering breaches of classified infor- nology to China. As a result, the pro- gathering network of immense propor- mation. liferation has never been worse than it tions. No. 4, the Clinton administration de- has been in the last 6 years. The Congressman from Pennsylvania, liberately, and many would say reck- No. 11, in a series of decisions Congressman CURT WELDON, has done lessly, declassified massive amounts of throughout his Presidency—and many extensive research in putting this to- nuclear-related information in what surrounding the 1996 election—Clinton gether, and other charts to show ex- the Clinton administration touted as a has consistently relaxed export and actly what capacity China has to col- new spirit of openness. trade restrictions on various forms of lect our nuclear secrets. No. 5., in the W–88 investigation, the high technology of interest to China. When there is time to look at it, it Clinton administration turned down Again, I applaud Congressman shows you operational entities of the four requests for wiretaps on a suspect WELDON who put this chart together. Chinese military in red, the Chinese who was identified in 1996 and allowed This timeline was not put together be- military entities and those in contact to stay in his sensitive job until news cause President Clinton took office in involving financial entities in green, reports surfaced in 1999. 1993, but that is when all the com- and you have the Chinese military No. 6, in 1995, someone at the Depart- promises took place. This timeline front companies in blue. ment of Energy gave a classified design shows categories including machine You can see that this is well thought diagram of the W–87 nuclear warhead tools, telecommunications, propulsion. out. It took many years to put it to- to U.S. News & World Report magazine All were compromised, or as we nor- gether to make it effective. which printed it in its July 31 issue mally say stolen. They are willing and able to trade, that year. Representative CURT No. 12, President Clinton has ignored bribe, buy, or steal to get U.S. ad- WELDON is still trying to get answers or downplayed numerous Chinese arms vanced technology—all for the purpose about how this leak was investigated control violations by not imposing of enhancing their long-term military and what was determined. He has good sanctions required by law. While we are potential. Their success is often deter- reason to believe the investigation was selling more and more high tech to mined largely by our willingness to quashed because it was going to lead China, China is sending prohibited make it easier for them to get what straight to President Clinton’s Energy military technology to countries such they want. Secretary. as Pakistan, Iran, North Korea, Syria, The Cox Report has shed light on the No. 7, career whistle-blowers at the Libya and Egypt. fact that the Clinton administration Department of Energy who tried to What does the Clinton administra- has actually helped China in its tech- warn of serious security breaches—in- tion do? They do nothing. What are the nology acquisition efforts or made it cluding Notra Trulock, the former Di- motives for all this? Why did the Clin- easier for them to commit thefts and rector of Intelligence for the Energy ton administration act the way it did, espionage. You know the truth is al- Department, and Ed McCallum, the with almost total disregard for any ways difficult and controversy is dif- former Security and Safeguards Chief— traditional concern for U.S. national ficult. It is easier to take polls and tell were thwarted for years by Clinton po- security? people what they want to hear. But I litical appointees who refused to let The Cox Report did not answer these have to make a decision—who do I love them brief Congress and others about questions because it was only con- more—this President or America. what they knew. Trulock was demoted cerned with the facts of the security I find that to be very easy in this but will now get to keep his job. breaches themselves, not what was be- case. McCallum appears to be on his way to hind it. The following are just some of the being scapegoated and perhaps fired for But FBI Director Louis Freeh did as- things that the Clinton administration trying to tell the truth. sign one man to look into this. His has done. And I want to applaud Con- Members will remember we had ex- name was Charles LaBella, who became gressman WELDON for helping to bring tensive hearings. Notra Trulock testi- head of the Justice Department’s China many of these things to light. fied under oath that he thought that Task Force. He and his investigators No. 1, in 1993, the Clinton administra- the theft of the W–88 was so signifi- spend months looking into the connection removed the color-coded security cant, he wanted to give it to Congress. tions, trying to connect the dots with badges that had been used for years at He was refused being allowed to do that campaign contributions, foreign influ- Energy weapons labs claiming they by the then-Acting Secretary of the ences and administration actions. were ‘‘discriminatory’’—as if that Energy Department. What he found is laid out in a 100-page makes any sense whatsoever. Now just No. 8, rejecting advice from his Sec- memo he prepared for Janet Reno. We a few weeks ago, in the wake of all retaries of State and Defense, Presi- know this memo argues in favor of the these revelations, the Energy Depart- dent Clinton approved switching the li- appointment of an independent counsel ment has reinstated the color-coded censing authority for satellites and to carry on the investigation. badges. other technology from the State De- But the memo itself has reminded se- But during the time that these thefts partment to the Commerce Depart- cret, even through it has been subpoe- took place, they were not able to wear ment, making it easier for China to ac- naed by Congress. Janet Reno, who re- these badges. quire U.S. missile technology. jected its recommendation for an inde- No. 2, in 1993, the Clinton administra- No. 9, President Clinton granted pendent counsel, has refused to release tion put a hold on doing FBI back- waivers making it easier for U.S. com- the memo to the Congress or to the ground checks for lab workers and visi- panies to transfer missile and satellite public. It is time for that memo to be tors, an action which helped to dra- technology to China during the launch- released. matically increase the number of peo- ing of U.S. satellites on China’s rock- FBI Director Freeh has testified that ple going to the labs who would pre- ets. the public knows only about one per- viously have not been allowed to have No. 10, in 1994, President Clinton cent of what the FBI knows about the access. ended COCOM, the Coordinating Com- Chinagate scandal. It is time for the No. 3, in 1995, the Clinton administra- mittee on Multinational Export Con- truth to come out. It is time for the tion took the extraordinary action of trol, the multinational agreement public to get some sense of the other 99 overturning its own agency’s decision among U.S. friends and allies that they percent which is contained in the to revoke the security clearance of an would not sell certain high-technology LaBella memo.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13912 CONGRESSIONAL RECORD—SENATE June 23, 1999 Mr. President, over the last six years, PATIENTS’ BILL OF RIGHTS those judgments and decisions, or President Clinton and his administra- Mr. KENNEDY. Mr. President, last whether the decisions will be made by tion have shown a pervasive disregard evening Senator DASCHLE was prepared accountants in the insurance compa- for national security. In both actions to offer an amendment to the agricul- nies or the HMOs. That is really the and inactions, this President has bro- tural bill that was at the heart of the basis of this whole debate and discus- ken ranks with the bipartisan con- Patients’ Bill of Rights. I believe that sion. That is why virtually every lead- sensus about national security that will be offered shortly on behalf of the ing health care organization, virtually helped us win the cold war. Senator from California, Senator FEIN- every major professional health organi- His policies and attitudes-towards ex- STEIN. We will have an opportunity to zation—the spokesmen and spokes- port controls, nuclear weapons, mili- get into that discussion and debate. women for children, for women’s tarily important high technology, and I am hopeful, as are others, that we health, for the disabled, and for the pa- dealing with our adversaries in the can work out a process and procedure tients’ coalitions—has universally sup- world—have been strikingly different by which we can have a full discussion ported our proposal. from those of all of his predecessors in and debate on this issue, and where we It is not, certainly, because it says the modern era. can have an orderly way of disposing of ‘‘Democrat’’ on it. These organizations support measures on the basis of the His administration has acted as if the various amendments on the Patients’ merits, whether they are proposed by end of the cold war gave them carte Bill of Rights. I am, however, somewhat distressed and disturbed by some Democrats or Republicans. blanche license to open the commercial There is uniformity among the var- and technology floodgates to countries of the comments I have read this morning on the AP relating to my friend ious groups and organizations that the like china simply because it was good basic, fundamental issue of who decides for business, or good for getting cam- from Oklahoma, Senator NICKLES, the Republican assistant majority leader. what is medically necessary is really at paign contributions, or good for other the heart of the whole debate. It is re- domestic political reasons. He said he was willing to vote on the issue if the Democrats would agree to flected in different ways, as we illus- The traditional concern about na- trated in the course of the discussion tional security—about protecting our limit debate, but he said he was worried that Democrats will pressure some over the past few days and today, but nuclear secrets, about maintaining our that is basically what is at the core of military and technological superiority, Republicans into supporting amendments that will increase the cost of this proposition. about sanctioning those in the world The Democratic leader indicated that health care, and therefore the number who engaged in flagrant and hostile es- if we took up the Republican proposal of Americans without any insurance. pionage and proliferation—all that that was passed out of committee on a He also said he was worried the Demo- went out the window, replaced by other party-line vote—even though we had crats will force votes that can be mis- priorities this President somehow more than 20 amendments at that time construed for political purposes. He thought were more important. dealing with the substance of the would rather allow a yes or no on the issues—we would limit our side to 20 President Clinton claims he has ‘‘re- entire package with only a handful of defined’’ national security. In fact—as amendments. He indicated he would be amendments. willing to limit discussion of these var- the Cox Report conclusively docu- I have more confidence than the as- ious amendments to a reasonable time ments—he has ‘‘harmed’’ national se- sistant majority leader in our col- period, expecting the opposition would curity. This is the message that every leagues’ ability to make discerning de- American must understand. have similar amendments. cisions about the merit of these var- Frankly, though, if the Republicans My hope is that we never again have ious amendments, and that having a President who is so disrespectful of, have the opportunity to put their bill been elected by the people, we are before the Senate, I do not understand and inattentive to, traditional national charged to make judgments on these security concerns. why they would need a great many measures. This is a new reason for not more amendments. They already have Yesterday at the joint hearing of the bringing legislation to the floor. Ap- their bill. If we had our bill before the Armed Services, Energy and Intel- parently, one of the leaders is con- Senate, we would not have to have a ligence Committees, I asked whether cerned the members of their party great many amendments because it is or not it would be possible to put in would not be able to exercise a bal- our bill. I think we can all understand place some safeguards so that no future anced and informed judgment in the the logic of that. If we have a par- President could ever again so success- best interests of the particular States ticular proposal before us, we ought to fully undo the country’s national secu- the Senators represent. Of course, if be able to debate the changes that may rity defenses as this President has. We that is going to continue to be the po- be offered from the other side. are working on an answer. sition of the leadership, it does not The other side has the right, their Some of us will continue to speak, bode well for a full discussion and de- right as the majority, to lay their bill out—seeing it as our highest duty of bate on this issue. down. So when we say we need 20 public service. As I said on March 15— We have seen for the last 2 years a amendments and they say they will and repeat again here today—I only policy of delay and denial of the ability need 20 as well, I do not quite follow hope America is listening. We have a to debate the issues that we referred to that. But so be it. nation to save. yesterday and on other occasions, and I think we will find from the discus- The truth will get out. Winston which we will have an opportunity sions taking place at the leadership Churchill said: again to debate today. But it is out of level, and I heard the exchanges last frustration that Senator DASCHLE has Truth is incontrovertible: Panic may re- evening, I heard from our leader he was sent it, ignorance may deride it, malice may used the unusual procedure of offering prepared to move ahead. He urged destroy it, but there it is. this legislation on an appropriations there be cooperation by all Members. bill, in the hopes we can work out an That certainly would be the case, I I yield back the remainder of my orderly process or procedure. I cer- know, for those who are most involved time. tainly support that process, since we in the Patients’ Bill of Rights. They The PRESIDING OFFICER (Mr. ROB- have effectively been closed out from would be willing to expedite consider- ERTS). The Senator from Massachu- any opportunity to debate this issue. ation of various appropriations bills setts. It is a simple, fundamental, basic with the understanding we will have an Mr. KENNEDY. Mr. President, I ask issue: whether decisions relating to the opportunity to debate this issue in a unanimous consent to speak in morn- health of patients in this country are reasonable period of time with a ing business. going to be decided by the health care chance to offer amendments. The PRESIDING OFFICER. Without professionals who have the training We will hold the Senate accountable objection, it is so ordered. and skill and competency to make to answer the questions that parents

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13913 have about their children and medical treatment they can give you to what- has better words, we welcome them, we care: Will you will be able to get spe- ever it says in the particular contract. will embrace them, we will include cialty care when a child has special I do not think most consumers, when them. Work with us, and we will work needs, or just be given access to a gen- they sign up for health insurance, look with you. Do they understand what we eral pediatrician? Will you get a pedi- into or read the various definitions in are trying to get at? We want to ensure atric oncologist if the child has cancer? those contracts. You have scores of dif- that any individual who signs up with What about access to new prescription ferent definitions, each allowing for a plan is going to get what profes- drugs? Will children and others have abusive actions that can have dev- sionals in a particular field believe is access to the clinical trials? astating effects on the health of pain their best interest. The opposition fails to mention that tients across the country. I have in my hand 30 definitions of gap in their program. The most they do We have one included in here from a what is medically necessary, depending about it is to include a study about HMO that happens to be in Missouri. on the HMO. Why should American clinical trials. I think most American This is what it says: X company, I will citizens play roulette, and allow their families understand the importance of not mention the name here, will have health care to depend on which HMO clinical trials in their family’s life ex- the sole discretion to determine wheth- they are a member of? That is what is perience or their health care. They er care is medically necessary. Here it happening. may not have been part of a clinical is—a small provision in the contract Is this such a revolutionary idea? It trial themselves—although my family that an individual may never see. is not. This basic concept has been sup- has, my son has, and very successfully, If they came in and said: The doctor ported not only by the medical soci- I will add. But I doubt if there is a fam- says you may very well need to have eties, the medical associations, nurses ily that does not have a member of this kind of treatment. associations, but countless other pa- their extended family who has not been And then the HMO says: Oh, no, they tient groups and others. The only peo- involved in those programs. do not need that treatment, it is too ple who oppose it are those who seek to Patients need to have access to nec- expensive. preserve the status quo. It is similar to essary prescription drugs. This is so And the patient says: Why? Is that in what is used to treat our parents and important to many different groups in my best interests of my best health? our grandparents under Medicare, and our society: those challenged with Maybe the doctor will say: Yes. we do not hear any complaints about mental illness, those with disabilities Then the person says to the HMO: My it. or other chronic conditions. There are doctor says it is in the best interest of I ask any Member on the other side many in our communities who require my health to have that treatment. to bring in a single letter which dem- those essential prescriptions drugs. We Then the HMO says: Let me tell you onstrates how that best standard of do not see those guarantees in the Re- something. Our definition of what is medically necessary is either being publican plan. There was reference to medically necessary for you is in the abused or not effective for those people those: They will get access to those— sole discretion of our HMO. We say you under Medicare. Bring them in. but at exorbitant prices. They didn’t don’t need that treatment. You signed Shouldn’t that be the answer? Mr. mention that. They said: We’ll make that contract, and that is what you are President, 39 million Americans are sure they have access to those drugs— going to get. being treated that way. Bring in the but the plan can charge exorbitant Then the person says: I appeal. I ap- examples. I will give my colleagues ex- prices. peal this. I appeal. I want the best. amples on the other side. Let’s debate We will have an opportunity to come Under the Republican proposal—lis- that issue. Let the Senate decide. I will back to the issue on prescription drugs, ten to this—the HMOs will decide who give my colleagues examples. though probably not on this piece of will listen to that appeal. They will If my colleagues want to take a little legislation. But there are important also decide that appeal on the basis of time, I will go right through these and guarantees which we provide in our Pa- what the contract says. That person let the Senate hear this debate. tients’ Bill of Rights. We will come gets an appeal, and then it goes to They may say on the other side: Is back to those measures. They are im- their HMO. The appeal officer looks at that some new idea, some crazy Demo- portant. this and says: Here it is, it is their sole cratic concept? We know it is being I will say a few words now about the discretion whether care is medically used today to treat our parents. They subject matter that will be included in necessary. And that is it; you are out. welcome it. It is good and sound. the amendment offered by the Senator Then that person says: Maybe I will We want to make sure people are pro- from California. It will deal with med- bring a case. Let’s get this out into the tected. That is what we are concerned ical necessity. This is an interesting courts. This is absolutely outrageous. with. That is why this issue reaches concept, because it reaches the heart of It is violating the basic, common law the heart of the whole debate and why this issue, this debate. When con- of good medical treatment. the whole question of medical neces- sumers sign up for health care cov- The patient does not get to the sity is of such importance. erage, they assume, I think—it is not courts. It is nonappealable under the If that is not a core factor, if we do presumptuous to assume this—they as- Republican proposal. You are stuck not have the best judgments guiding sume they will be able to get from there, your child is stuck there, and what is medically necessary, and if we their doctors and their health care fa- your wife may be stuck there. A mem- do not have the assurance this is going cilities the best care that the medical ber of your family is stuck there. to protect the doctor to make that profession has to offer. Right? Wrong. What does our bill do? It says that judgment, then this legislation is not Our bill will ensure that the best care plans must use the best evidence and worth the paper on which it is written. is given. Their bill does not. practices to determine what is medi- We can name any bill a Patients’ Bill You say: I do not understand that. cally necessary. It uses the best up-to- of Rights. But if it has a medical neces- Let me clarify it. The Republican legis- date scientific information or, if that is sity definition that is so construed as lation that was reported out of the not available, clinical practices. to deny people adequate protection or Health committee permits the HMO to At a hearing in our committee ear- that and they are able to question the decide what is medically necessary. lier this year, there was some question doctor giving the best information on They let the HMOs decide what is about the definition and the use of var- the best medical process and procedure, medically necessary. Then, when you ious words in our proposal. We said: we are not giving those assurances that have a certain illness and your doctor You develop the words. We have tried the consumers of this country need and believes you should receive X, Y, or Z to take those words, which have been deserve, and we will not avoid the treatment, but the HMO defines ‘‘med- recommended by the best practitioners human tragedies which we have heard ical necessity’’ in a particular way, and by the medical associations, and mentioned day after day in the Senate. your doctor is restricted in the kind of put those in the bill. If the opposition We hear instance after instance where

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13914 CONGRESSIONAL RECORD—SENATE June 23, 1999 timely treatment is being denied be- Mr. KENNEDY. I yield it to the lead- sion to see a specialist early on, she cause doctors are not able to practice ership here, Senator REID, to allocate may still be alive today. By the time what is medically necessary. in whatever way he desires. she was referred to the specialist, a This is the heart of this debate Mr. REID. Would the Chair advise tumor had developed. It was later de- today. I can mention some other defini- the Senator when he has used 21⁄2 min- termined that she had advanced blad- tions. I see other colleagues in the utes? der cancer that a sooner visit to the Chamber who want to address the Sen- The PRESIDING OFFICER. The urologist could have prevented. Her ate. I am going to come back and re- Chair would be delighted. mother died. This is a real-life case view with the Senate some other defi- Mr. REID. Mr. President, the ques- that illustrates the importance of ac- nitions that have been included in the tion always arises as to whether we cess to specialty care. HMOs and how they have worked in have sufficient time in this body to I hope the majority will allow us to ways which have been tragic to the take care of all the business before us, go to the Patients’ Bill of Rights at the medical profession. especially the appropriations bills, and earliest possible date. This is some- I have a definition from another still have time to properly handle the thing we need the do. major HMO, one of the largest in the Patients’ Bill of Rights? The obvious I yield to my friend from Illinois 21⁄2 country. I am not interested in using answer is yes. minutes. names, but I will be glad to if Members We have had a number of bills Mr. DURBIN. I thank the Senator are questioning this issue. This is their brought before this body this year. We from Nevada for yielding to me. definition in use today: have had, for example, the military bill This debate really gets down to some Health care services that are appropriate of rights with 26 amendments, the Edu- very fundamental and basic questions and consistent with the diagnosis in accord- cation Flexibility Act with 38 amend- about whether, when you go into your ance with accepted medical standards and ments, the supplemental appropria- doctor’s office and present yourself which are likely to result in demonstrable tions bill with 66 amendments, the first medical benefit and which are— with an illness, you can trust that your budget resolution with 104 amend- doctor is going to be honest with you, Listen to this— ments, and the budget process reform tell you what is best for you or your the least costly of alternatives. bill with 11 amendments. We are asking family, or whether you have to worry There it is, ‘‘least costly of alter- for 20 amendments. Certainly we have about the fact that there may be some natives.’’ Not what is in the best inter- the opportunity to do that. insurance company bureaucrat in- est of the patient, not what can save I agree with my friend, the Senator volved in this decision. that person’s life, not what can reduce from Massachusetts, that we are talk- When it comes down to these basic pain and suffering and offer the best ing about real people’s problems. He life or death situations for a member of hope and opportunity for the future has spent a great deal of time empha- a family, there is enough emotional but which is least costly. sizing the importance of the access to strain on an individual in trying to Here is another HMO. This is the def- specialists. keep their wits about them, trying to inition of medical necessity in another I have a letter from a girl from keep their family together; but to very prominent HMO: Minden, NV, by the name of Karrie think that you not only have to battle . . . the shortest, least expensive or least Craig. She wrote: those things in your own mind but intensive level of treatment, care or services . . . my mother found out she had cancer then, on a daily basis, battle the insur- rendered or supplies provided. [in] November 1997. After about two years of ance company bureaucrats, that, to How many Americans, when they go going in circles with her primary care physi- me, is the worst part of what we are de- in to look at their HMOs and sign that cian, she was [finally] admitted to a urologist. bating. contract, say: Look, I have a health in- I want to show you a photograph of a surance proposal. Look what it’s going I ask unanimous consent the letter great little boy. He is 11 months old. to do. It’s going to cover me and going be printed in the RECORD. His name is Roberto Cortes. He is from There being no objection, the letter to cover my family and going to cover Elk Grove Village, IL—a cute kid, but was ordered to be printed in the my children, and going to cover my a kid who has a serious problem, spinal RECORD, as follows: wife. This is what it’s going to cost. muscular atrophy. He is currently on a This is what the drug benefit is. EXCERPT OF A LETTER TO SENATOR REID home ventilator, as you can see in this How many are going to look at the DATED 1/11/99 FROM KARRIE CRAIG OF photograph. fine lines and look into ‘‘medical ne- MINDEN, NV That is enough of a strain on any cessities’’ and are going to wonder . . . my mother found out she had cancer family—to try to make sure this little whether they are using the most mod- November of 1997. After about two years of fellow has a chance to live a good life. ern and comprehensive care for ‘‘med- going in circles with her primary care physi- But the sad part of this debate is that ical necessity.’’ Virtually none of them cian, she was admitted to a urologist. Her primary care doctor had prevented this visit the parents of this little boy are self- are going to. That is why we have so with a specialist until my mom was very employed. They have a little business. many examples of the kinds of trage- sick. I believe that the HMO company looked The Republican Patients’ Bill of dies that have been mentioned. We will down upon specialized doctor visits, as they Rights provides no protection whatso- talk about those later in the day. are more expensive. What my mother found ever to self-employed people. Roberto I see my friend and colleague from out was she needed an operation for a small Cortes and his family would not be pro- California. We all look forward to hear- growth, left in her bladder from birth. Actu- tected at all by the Republican version ing from her on the amendment she ally, after surgery they realized she had ad- of the Patients’ Bill of Rights. will be proposing. vanced bladder cancer that only a sooner Mr. President, I yield the floor. visit to urologist would have prevented. The Democratic version, supported Mr. REID addressed the Chair. Within five months my mother died. by over 200 groups, representing doc- The PRESIDING OFFICER. The dis- The only good thing about the HMO serv- tors and hospitals and consumers and ices was they provided us with Hospice serv- tinguished Senator from Nevada is rec- labor and businesses across America, ices the last week and a half of my mom’s would provide protection to the Cortes ognized. life. I feel that HMO’s policies of primary Mr. REID. How much time is remain- care physicians and the negative feelings family. That is how basic this is. ing for Senator KENNEDY? they portray about specialists causes more When the Republicans tell us: We The PRESIDING OFFICER. The Sen- problems that it solves. In the end, my don’t have time to debate this issue; we ator from Massachusetts has 7 minutes mother cost the company more money than don’t have time to debate whether or 30 seconds. if she would have been permitted to see a not you have a fighting chance when it Mr. REID. The Senator from Massa- specialist earlier. comes to your health insurance, they chusetts has 7 minutes. There are three Mr. REID. In short, this letter says are just wrong. of us. Will the Senator yield his time that after the 2 years passed, it was too You are going to hear a lot about this to the three of us to divide equally? late. Had her mother received permis- issue from Members on the Democratic

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13915 side. We are not going to quit until we on the calculation of a green eyeshade In USA Today, an article was run get a chance to have this debate. in a health insurance plan. saying that 70 percent of doctors inter- Since I see my colleague from Cali- My father was a surgeon. He was viewed said they exaggerate patients’ fornia is here, and I know she has an chief of surgery at the University of symptoms to make sure HMOs do not important contribution to make to this California. My husband, Bert Fein- discharge patients from hospitals pre- discussion, I yield the floor back to the stein, was a neurosurgeon. I grew up maturely. Seventy percent of doctors Senator from Nevada. and lived a good deal of my life in a indicate that they do not tell the truth Mr. REID addressed the Chair. medical family. In all of that time, the about a patient’s condition so they can The PRESIDING OFFICER. The Sen- doctors determined the appropriateness be assured that that patient gets ade- ator from Nevada. of care, the doctors determined the quate hospital care. Mr. REID. I ask unanimous consent length of hospitalization, the doctors Now, is this what we want? I don’t that this side be granted an additional determined whether a particular treat- think it is. I think the doctor’s deci- 15 minutes in morning business. ment was suitable for an individual— sion, based on an individual’s condi- The PRESIDING OFFICER. Is there not an arbitrary HMO, not physicians tion, should be the overriding decision objection? out of context of an individual physi- that determines medical necessity. The Acting in my capacity as an indi- cian and patient. amendment I will introduce will ensure vidual Senator from the State of Kan- Every person sitting in this gallery that that happens. sas, I object. today is different, one from the other. In the HHS inspector general’s report Mr. REID. I ask unanimous consent They are different in how they react to of June 1998, the following finding was that the minority be granted 15 min- drugs. They are different in how they made: Most doctors think working in a utes of additional time in morning react to radiation— Medicare HMO restricts their clinical business and the majority be granted 15 The PRESIDING OFFICER. The time independence and that HMOs’ cost con- minutes additional time in morning allotted to the distinguished Senator cerns influence their treatment deci- business. from California has expired. sions. Mr. President, every patient is The PRESIDING OFFICER. Is there Mrs. FEINSTEIN. If I may finish my different and brings to a situation his an objection? sentence. or her own unique history and biology. Acting in my capacity as an indi- Mr. NICKLES. If I might just inter- Only a physician who is trained to evaluate the unique needs and prob- vidual Senator from the State of Kan- rupt. I apologize. I was not on the floor lems of a patient can properly diagnose sas, I object. earlier. and treat an individual. Mr. REID. Mr. President, how much f time is left for the Senator? A Los Angeles doctor by the name of The PRESIDING OFFICER. Two EXTENSION OF MORNING Lloyd Krieger said: minutes 30 seconds. BUSINESS Many doctors are demoralized. They feel Mrs. FEINSTEIN addressed the like they have taken a beating in recent Mr. NICKLES. I ask unanimous con- years. Physicians train years to learn how to Chair. sent that each side have 20 minutes of practice medicine. They work long hours The PRESIDING OFFICER. The Sen- additional time for morning business. practicing their field. Under this health care ator is recognized. The PRESIDING OFFICER. Is there system, that training and hard work often Mrs. FEINSTEIN. I thank the Chair, an objection? seems irrelevant. A bureaucrat decides how and I thank the Senator from Nevada. Mr. REID addressed the Chair. doctors are allowed to treat patients. Mr. President, when we return to the The PRESIDING OFFICER. The time Dr. Krieger says: bill, it will be my intention to offer an has expired in regard to the Senator When I tell someone he is fit to leave the amendment to the agriculture appro- from California. hospital after an operation, I am often given priations bill. I think that my amend- Hearing none, without objection, it is an accusing stare. Sometimes my patient ment will deal with one of the most so ordered. asks: Is that what you really think or are you caving in to HMO pressure to cut corners fundamental concerns in health care Mr. REID. Mr. President, I ask on care? today; that is, the restoration to the through the Chair to the Senator from Here’s another example: A California physician of the basic right of patient California, how much additional time pediatrician treated a baby with infant care, patient treatment, and to be the does the Senator need? botulism, a toxin that spread from the determinator of patient care and the Mrs. FEINSTEIN. If I could have an- intestine to the nervous system so the length of hospital stay. other 7 to 10 minutes at this time, I child really couldn’t breathe well. The I think one of the things we have would appreciate it very much. doctor prescribed a 10- to 14-day hos- seen emerge in health care throughout Mr. REID. How about 7 minutes? pital stay. That doctor thought that the United States in the past 2 to 3 Mrs. FEINSTEIN. I will do my best length of stay was medically necessary years is the development of the so- with 7 minutes. for that particular baby. The insurance called green eyeshade of an HMO deter- Mr. REID. Okay. plan cut it short, saying the maximum mining what is appropriate patient The PRESIDING OFFICER. The dis- that baby could remain in the hospital care, regardless of the physical condi- tinguished Senator is recognized for 7 was 1 week. That shouldn’t happen. tion of an individual patient. minutes. The amendment I will introduce at The amendment I will offer essen- Mrs. FEINSTEIN. I thank the Chair. the appropriate time, and that I so tially says that a group health plan or I thank the Senator from Nevada. hope this body will agree to, will en- a health insurance issuer, in connec- At an appropriate time, I will submit sure that medically appropriate and tion with health insurance coverage, that amendment. necessary treatment is prescribed by may not arbitrarily interfere with or Let me tell you some of the things the physician and not contradicted by alter the decision of the treating physi- we are increasingly told: That is, that a green eyeshade. cian regarding the manner or setting in doctors have to spend hours hassling I very much hope this body will ac- which particular services are delivered, with insurance company accountants cept it. I have introduced this kind of if the services are medically necessary and adjusters to justify medical neces- amendment now with Senator D’AMATO or appropriate for treatment or diag- sity decisions—why a person needs an- as a cosponsor and with Senator OLYM- nosis to the extent that such treat- other day in a hospital, why a patient PIA SNOWE as a cosponsor. Perhaps the ment or diagnosis is otherwise a cov- needs an MRI, why a patient needs a time has come to have the opportunity ered benefit. In other words, if you blood test, why a patient should get a to pass this amendment and to get it have coverage for a treatment in your particular drug, this drug rather than done once and for all. plan, the physician determines that that drug. Doctors increasingly say I thank the Chair, I thank the Sen- treatment based on you, based on your they have to exaggerate or lie so their ator from Nevada, and I thank the Sen- needs, based on your illness—not based patients can get proper medical care. ator from Massachusetts as well.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13916 CONGRESSIONAL RECORD—SENATE June 23, 1999 I yield the floor. ments. As I indicated, in this Congress, that we should at least be able to de- Mr. COCHRAN addressed the Chair. the Y2K bill had 51 amendments; DOD bate this issue. There are many dif- The PRESIDING OFFICER. The dis- authorization, 159; defense appropria- ferent areas we need to talk about re- tinguished Senator from Mississippi is tions, 67; juvenile justice, 52; the first garding the Patients’ Bill of Rights. recognized. budget resolution, 104; Education NATIONAL RIFLE ASSOCIATION Mr. COCHRAN. Mr. President, is Flexibility Act, 38; supplemental ap- Mr. President, while my friend from there an order for the conduct of busi- propriations, 66. Relative to these bills, the State of Illinois is present, I would ness at this point? 20 amendments is nothing. like to shift and talk about something The PRESIDING OFFICER. The Sen- We should proceed to the Patients’ else that is certainly important. As I ate is now in morning business, with Bill of Rights as quickly as possible. have indicated, we are going to spend the majority having 25 minutes re- We are, in effect, wasting time by hav- whatever time is necessary making maining and the minority having ap- ing to come here and talk about why sure that we have the right—I should proximately 15 minutes remaining. we need the opportunity to consider not say the right, but that we have a Mr. COCHRAN. I thank the Chair. this legislation. It is not a question of debate on our Patients’ Bill of Rights. Mr. REID. Mr. President, I say to the whether we are going to debate the Pa- We have the right, and that is why we Presiding Officer, we were given 20 tients’ Bill of Rights, but when we are are here today talking about this. So minutes and we have approximately going to do it. We are going to offer our we are going forward until we have the how much time remaining? Patients’ Bill of Rights as an amend- debate on it. The PRESIDING OFFICER. The Sen- ment to every vehicle moving through I would like to discuss with my ator has 14 minutes 59 seconds. this body. Under Senate rules, we can’t friend from Illinois another issue that Mr. REID. Has the Senator from Cali- be stopped from doing that. seems to have been lost in the shuffle, fornia completed her statement? We believe it is important that which is the debate related to guns. I Mrs. FEINSTEIN. I have completed Americans have access to specialty say to my friend from Illinois that I it. I could go on. care. We are talking about the real life have here a letter from a man from The PRESIDING OFFICER. The Sen- stories of real people who have been Reno, NV, by the name of David Brody. ator from Nevada. and will continue to be denied access to I would like my friend to comment on Mr. REID. The question is: Are we specialty care until we pass a meaning- this. going to be able to go forward with a ful Patients’ Bill of Rights. He writes: debate on the Patients’ Bill of Rights? As I mentioned earlier, Karrie Craig I am writing in regards to the enclosed Na- It seems to me that would be the from Minden, NV, wrote me a letter. In tional Rifle Association membership that right thing to do. I am a member of the her letter, she explained to me that her was mailed to my 13-year-old daughter. I am Appropriations Committee. I recognize not a gun advocate and have never voiced an mother is dead because she was not opinion and I certainly believe in our Con- that we are working under very dif- able to see a specialist, even when her stitution and the right to bear arms, but I ficult budget constraints because of the primary care physician recommended am rather astonished that the membership budget we have now in this body. I that she see one. She was denied spe- application is addressed to my 13-year-old think it is important we move forward cialty care because her managed care daughter. on the appropriation bills. We have organization, not her physician, did I say to my friend from Illinois, do done fairly well thus far. not think it was necessary. you think the NRA should be sending We have already passed four appro- We believe that patients should not applications to 13-year-old children to priation bills. The agriculture appro- be subjected to a one-size-fits-all brand join the NRA? This isn’t something priations bill is currently pending. Yes- of health care. We believe there are sit- that is made up. I have here the Na- terday, we reported the interior appro- uations where the doctor and the pa- tional Rifle Association 1999 member- priations bill out of the subcommittee. tient—not some bureaucrat—should de- ship identification. It gives her a num- Tomorrow, we will take up three ap- cide what care is necessary. The Amer- ber, and the letter is addressed to Brit- propriation bills in full committee. I ican people also believe that. We think tany Brody. The NRA also sent this 13- agree that we need to continue to move there are some real problems with the year-old girl a survey wanting to know these bills forward. majority’s so-called ‘‘Patients’ Bill of how she feels about opposing President I think we could complete all debate Rights’’. We are willing to debate this Clinton on his gun issues. Does the on the Patients’ Bill of Rights in 3 leg- issue and to determine whether or not Senator think this is appropriate to islative days. If we had 3 long, hard our legislation is better than that of send to a 13-year-old girl? days, we could do that. If we use the the majority. Clearly, we are willing to Mr. DURBIN. I thank my colleague majority’s bill as a working model, set time limits on our debate. for raising this issue. This really gets they should not require any amend- We are allowing a limit on the num- to the heart of the debate we had a few ments, because it is their bill. ber of amendments we offer, but the weeks ago on the floor of the Senate. We have acknowledged that we need majority should allow this bill to go Remember how America reacted to 20 amendments. As we have stated on a forward. The most striking loophole in Littleton, CO, and the Columbine High number of occasions, we have had other the majority’s plan—and it is hard to School shooting? I think it fixed the bills that have been brought before this say what this is because there are so attention of this Nation unlike any body, in this Congress, that have had a many of them—is that it doesn’t cover other event I can remember. We felt we lot more than 20 amendments. The most Americans. In fact, the Repub- needed to come to the floor of the Sen- military bill of rights had 26 amend- lican bill leaves out almost 120 million ate to try to find a way to reduce the ments; the supplemental appropria- Americans. Their bill would only cover likelihood that guns would get into the tions bill had 66 amendments; and the a small number of people. Only one- hands of children and criminals. The first budget resolution had 104 amend- third of the 161 million people pro- debate went on for a full week, and it ments. Twenty amendments is a rea- tected by our bill would be covered by ended finally when we had six Repub- sonable request. the Republican proposal. lican Senators join the overwhelming We could agree, as far as this Senator All Americans who have insurance majority of Democrats for a tie vote, is concerned, on having time limits on should be protected. That is what our 50–50, at which point Vice President these amendments. We could do that. legislation is all about. The Republican GORE came to the floor and cast the We could have good debates on what bill uses our title, ‘‘Patients’ Bill of tie-breaking vote and sent a good, sen- should be done on the Patients’ Bill of Rights,’’ but that is all it uses. It does sible gun control bill over to the U.S. Rights. We should do that. not extend coverage to the people who House of Representatives where, unfor- We are not going to allow this legis- deserve to be covered. tunately, the same organization, the lation to move forward until we have All Americans deserve guaranteed ac- National Rifle Association, tore it to the opportunity to debate our amend- cess to specialty care, and we believe pieces, leaving nothing.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13917 So we have our Senate bill, but the mean, they got it; she has a card here Mr. President, I suggest the absence National Rifle Association prevailed that looks like a credit card. It says 13- of a quorum. over in the House. I say to the Senator year-old Brittany Brody is a member of The PRESIDING OFFICER. The from Nevada, I wish that I could tell the NRA. clerk will call the roll. you that I was shocked that the Na- Mr. DURBIN. I say to my colleague, The legislative assistant proceeded tional Rifle Association would be so I know he is a father and he is proud of to call the roll. careless as to send a membership appli- his family, and I am, too. Think about Mr. REID. Mr. President, I ask unan- cation to a 13-year-old. But when I look this. This father saw this come through imous consent that the order for the at what they did in the U.S. House of the mail. Think of the world we live in, quorum call be rescinded. Representatives to a good bill, a bill with the Internet and the webs. How The PRESIDING OFFICER. Without that would have said we are going to many others are trying to lure kids objection, it is so ordered. have background checks at gun shows into the purchase of weapons or a Mr. REID. Mr. President, the Senator so we know that we are not selling to membership in a National Rifle Asso- from Maryland just arrived. I ask criminals and kids, and Senator Fein- ciation and the like? I really think unanimous consent that she be allowed stein’s amendment that would have when we talk about responsibility and to speak as if in morning business for prohibited importing these big maga- accountability, it applies to parents 15 minutes. zine clips that are just used by and it applies to organizations such as The PRESIDING OFFICER. Acting as gangbangers—they have no value in the NRA as well. an independent Senator from Kansas, I sport or hunting—and to make sure we I say to my friend from Nevada that object. have trigger locks so when kids find a he raises an excellent point. If we are Mr. REID. I ask unanimous consent gun in the house, they won’t pull the going to make sure our kids have a that the Senator from Maryland be al- trigger and kill themselves, the NRA fighting chance, we have to keep guns lowed to speak in morning business for opposed that. out of their hands. When the Senator 10 minutes. Mr. REID. I say to my friend from Il- from Nevada and I were both growing The PRESIDING OFFICER. The act- linois, that kind of reminds me of our up a few years ago, there were always ing Presiding Officer informs the Sen- debate on the Patients’ Bill of Rights. troubled kids in the schools. We called ator from Nevada that the majority They call their bill a ‘‘Patients’ Bill of them bullies in those days. You feared has 25 minutes and that there is a Sen- Rights’’, but it does not give patients getting punched in the nose on the ator expected on the floor at any mo- any rights. On the gun issue, they say playground. I wish that is all our kids ment. Would the Senator like to repeat they had in the House bill protection had to fear today. Now they have to his request? against gun shows because they had a fear that the bully will get a gun and Mr. REID. I ask unanimous consent 24-hour time limit, but they know that show up in school, as it happened in the Senator from Maryland be allowed most gun shows are on weekends and Conyers, GA; at Columbine High to speak 10 minutes and that the morn- they can’t research on the weekends, School; Jonesboro; West Paducah; ing hour be extended for 35 minutes. so basically nothing would happen; is Springfield, Oregon; Pearl, Mississippi. The PRESIDING OFFICER. Acting as that right? Those unfortunate incidents are the re- an independent Senator from Kansas, I Mr. DURBIN. They are very similar, ality of the dangers our kids can face. object. and the Senator is correct. The Na- Mr. REID. My time is about to ex- Ms. MIKULSKI. Mr. President, I ask tional Rifle Association is trying to pire, but I am here today to alert this unanimous consent that I be allowed to put up some figleaf and say they are body that we are going to make sure speak in morning business for no more really for gun control. America knows that when there is a call for conferees than 5 minutes. better. We have been listening to these to be appointed on the juvenile justice Mr. NICKLES. Will the Senator re- folks for a long time. They were op- bill, that we act appropriately, that we peat the request? posed to the prohibition against cop- send a message to the conferees that Ms. MIKULSKI. I ask unanimous killer bullets—special bullets that we don’t want business as usual, that consent that I be allowed to speak as if would penetrate the bulletproof vests we want the National Rifle Association in morning business for no more than 5 worn by policemen—because it in- to understand that the vast majority of minutes. fringed on people’s constitutional Americans do not agree with them. The PRESIDING OFFICER. The Sen- rights. Give me a break. There isn’t a The Senator from Illinois would ator from Oklahoma. right in the Bill of Rights that isn’t agree that when the conferees are Mr. NICKLES. If I might engage my limited for the common good. called, we are going to ask for a resolu- colleague from Nevada, are there addi- Mr. REID. I would like the Senator tion to send to the conferees that they tional Senators requesting time on his from Illinois to comment on the second should follow what is already taking side? and third paragraphs of this letter place in the Senate that, in effect, says Mr. REID. No. from Mr. Brody: a majority of the people of this country Mr. NICKLES. This Senator has no As we strive in our community to ensure are in agreement with the Senate; is objection to the request. I was going to that our schools are safe for our children, that true? suggest that we give an additional 15 one of the biggest fears that parents have is Mr. DURBIN. I say to the Senator minutes on both sides. a gun at school. We have been able to turn from Nevada that the Democrats may f her particular school around from a very vio- be in the minority in the Senate. I be- EXTENSION OF MORNING lent and non-academic oriented institution lieve our position for sensible gun con- BUSINESS to one that we are all very proud of and trol to keep guns out of the hands of where the students are doing extremely well. criminals and kids is a majority opin- Mr. NICKLES. Mr. President, I ask I am absolutely amazed that the National unanimous consent that morning busi- Rifle Association would have the audacity to ion in America. I think our position for mail membership applications to children. the Patients’ Bill of Rights, so doctors ness be extended for an additional 15 At some point, I believe this must be part of make decisions and not insurance com- minutes. our government regulations. Will my young- panies, is a majority opinion in Amer- The PRESIDING OFFICER. Is there est 11-year-old daughter be contacted next ica. We are going to fight for that. objection? with another outrageous suggestion that is I thank the Senator for his leader- Without objection, it is so ordered. only supporting violence? ship. The distinguished Senator from Would the Senator say that Mr. Mr. REID. Mr. President, how much Maryland is recognized. Brody is out of line in writing this let- time does the Senator have? Ms. MIKULSKI. I thank the whip ter and crying out for help that his 11- The PRESIDING OFFICER. The Sen- from the Democratic side, and I also year-old daughter and 13-year-old ator from Nevada has 12 seconds. thank the Senator from Oklahoma for daughter aren’t given a membership—I Mr. REID. I yield that time. his graciousness.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13918 CONGRESSIONAL RECORD—SENATE June 23, 1999 PATIENTS’ BILL OF RIGHTS place, with infection, and are not sure Mr. NICKLES. Reserving the right to Ms. MIKULSKI. Mr. President, I if that is the right place. object, and I probably will not, how come here today to talk about some- Make no mistake. We can’t practice much time remains on our side? thing that is very compelling to the cookbook medicine. Insurance gate- The PRESIDING OFFICER. Forty women of this country; that is, the Pa- keepers can’t give cookbook answers. minutes. tients’ Bill of Rights. An 80-year-old who needs a mastec- Mr. NICKLES. My colleague would be The Patients’ Bill of Rights is a tomy needs a different kind of care asking for an additional 10 minutes on women’s issue, because it is the women than a 38-year-old woman. each side? of America’s families who often make We go out there, and we race for the Mr. REID. I think that would be ap- the decisions that are very important cure. I think it is wonderful. We do it propriate. in terms of the health care of their on a bipartisan basis. But if we find the Mr. NICKLES. Mr. President, if my family. They are the ones who often cures, we need access to the clinical colleague would modify his request and trials. It is being denied in the Repub- read the fine print of insurance docu- ask for an additional 10 minutes on lican Patients’ Bill of Rights. We need ments. They fill out the paperwork in each side, there would be no objection. to be able to talk to our own OB/GYN. order to make sure their children have The PRESIDING OFFICER. Without That is called ‘‘a specialist’’; we can’t access to the health care they need. objection, it is so ordered. do that. They are often the ones on the front Mr. REID. I extend my appreciation We need to have access to the care. to my friend, the senior Senator from line either trying to get health insur- This is the United States of America. ance for their families or also ensuring Oklahoma, my counterpart on the ma- We have discovered in this century jority. they have the best benefit package. more medical and scientific break- But, guess what. When it comes down Mr. President, I think it is time we throughs than any other century in to them getting the health care they did a little comparison as to what we American history. It is in America really mean when we talk about the need, they are often denied it. They are where we found how to handle infec- often denied having access to an OB/ Patients’ Bill of Rights. tious diseases. It is in America where The majority has something called GYN who is the primary care provider we have come up with lifesaving phar- for most American women, because the Patients’ Bill of Rights, but it is maceuticals. It is in America where we this only in name. For example, does they are called ‘‘a specialist.’’ have had lifesaving new surgical tech- Also, when they face a tremendous the majority’s bill protect all patients niques only to find that in America, problem in their lives, such as a mas- with private insurance? No. It covers though we invented something to save tectomy, they are often denied the about 40 million; ours covers about 170 your life, we also invented insurance time they need to get the care they million. gatekeepers that prevent you from What about the majority’s ability to need because of the insurance gate- having access to those lifesaving keepers. We call this the drive-by mas- hold plans accountable? Does their bill mastectomies. This can’t be so. hold plans accountable? No. Does ours? tectomy situation. We call it a drive- If we are going to really take Amer- Absolutely, yes. by mastectomy, because a procedure is ica into the 21st century, we must con- What about arbitrary interference performed on a woman, she is driven to tinue our discovery. We must continue from the management, from the bu- the hospital, and she is driven out of our research, and we have to have ac- reaucrats? In the minority’s bill, our the hospital—sometimes within hours. cess to our discoveries. What is a mastectomy? Make no mis- The Republicans, through Senator Patients’ Bill of Rights, there is no ar- take, the term ‘‘mastectomy’’ is a D’Amato, offered legislation on drive- bitrary HMO interference; in the ma- technical term. But what it really by mastectomies. When the Repub- jority’s bill, of course there is. means to a woman is that it is a breast licans offered their bill in the com- We have heard so much about guar- amputation with all of the horror, ter- mittee, it was strikingly absent. Sen- anteed access to specialists. The Demo- crats’ Patients’ Bill of Rights guaran- ror, and trauma that an amputation ator MURRAY and other Members of- brings out. When one faces such a hor- fered the D’Amato amendment. How- tees access to specialists; the major- rific procedure, certainly you should ever, along party lines it was rejected, ity’s does not. That is important. We have heard so have the kind of care you need. And 10–8. Certainly what was good for much today about the need for the that should be decided by the doctor D’Amato a year ago should be good ability to see a specialist when needed. and the patient—not by an insurance now, at least to have the opportunity I spoke earlier about the daughter from gatekeeper. to debate this year. What does a mastectomy mean? For The Democratic alternative Senator Minden, NV, who writes to me: every woman in the United States of MURRAY and other Members want to If my mother had been able to get to the America, the one phrase that she is offer simply says that decisions should urologist earlier, she would be alive today, terrified to hear is: You have breast but she had to wait for 2 years. The tumor be made by the doctor in consultation had grown, she died five months afterwards. cancer. The next phrase that she is ter- with the patient. rified to hear is: It has gone so far that A few months ago I had gallbladder She also said in the letter it was such we have to do a mastectomy. surgery. I could stay overnight for my a waste of resources, because the HMO It is traumatic for her, because it is gallbladder surgery because it was did spend money putting her mother in not only body altering, but it is family medically necessary and medically ap- a hospice while she died. That was very altering, and it is relationship altering. propriate. Surely if I can stay over- expensive. When one looks at one woman facing a night for gallbladder surgery, a woman That is the whole point of our legis- mastectomy, she needs to discuss this should be able to stay overnight if she lation. There is talk about it being so with her spouse. He is as scared as she has had a mastectomy. expensive. It is not expensive. In the is. He is terrified that she is going to I yield the floor. long run, it saves the country money to die. He is terrified about how he can Mr. REID. Mr. President, how much have people taken care of when they support her when she comes home from time does the minority have remaining need medical care. the hospital. And then they know they for morning business? Guaranteed access to specialists is have to sort out a relationship under The PRESIDING OFFICER (Mr. what our legislation is all about. It is such difficult situations. HUTCHINSON). The minority has 8 min- important we understand that. When a woman has a mastectomy, utes 30 seconds remaining. What about access to out-of-network they need to recover where they re- Mr. REID. While the assistant leader providers? They are needed on occa- cover best. That is decided by the doc- for the majority is on the floor, I ask sion. Ours gives that access; the Repub- tor and the patient. Women are sent unanimous consent we be allowed to licans’, the majority’s, does not. home still groggy from anesthesia and extend on an equal basis the time for How about specialists who need to sometimes with drainage tubes still in morning business until 12 noon. work together to coordinate care? Ours

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13919 guarantees that; the Republicans’ does How would you feel if you went to a to go to an emergency room. We have not. pharmacist and the prescription or- heard numerous examples of people de- What about prohibition of improper dered a 50-milligram pill and the phar- nied payments after going to an emer- financial incentives? Some of the plans macist said: I will give you half as gency room. One of my favorites was a have incentives. The more you keep many, but they are twice as powerful, young woman who was out hiking, fell people out of hospitals, the more so just cut them in half? off a cliff, broke her pelvis and leg, was money you make. A doctor has an in- That is what is going on in America taken to an emergency room, and the centive to keep people out of the hos- today with managed care. Our legisla- cost was over $10,000. It was denied by pital. That is wrong. That is absolutely tion would prohibit these practices. the managed care entity because she wrong. Our legislation prohibits im- There are significant numbers of peo- did not get prior approval to go to the proper financial incentives; the Repub- ple who are fired from managed care emergency room. licans’, or the majority’s, does not. entities for telling the truth, for being If that were only one case where that Access to clinical trials. This really advocates, for saying: This is not the happened, maybe we would not pay isn’t anything fancy, or complicated. way you should be treated. Go talk to much attention to it. But this happens There are certain diseases—cancer is your doctor. Go back to someone else. all the time. People are constantly de- the one that comes to mind—where They get fired. nied the right to go to an emergency people have no standard therapy left. In our legislation, we have protec- room. Under the majority’s legislation, Should they be allowed to go to the tions for patient advocates. If a nurse, they have a little bit of language that most modern programs that are life- for example, says, this is not the way I gives a little bit of protection for emer- saving in nature? We don’t know for believe you should be treated, you gency room access, but this is not sure they work, but we think they will should go talk to your doctor, or you enough. work. However, we need experiments, should appeal a decision, under our leg- One of the key provisions in our leg- clinical trials, to determine if these islation, this nurse would be protected islation is that we have an ombuds- new procedures work. Our legislation for advocating on behalf of her patient. man. What is an ombudsman? An om- allows these clinical trials to go for- Under the proposal of the majority, budsman is a person you can go to who ward. Our legislation says we don’t there is no similar protection. works for the managed care entity, so give up on someone and simply say we Another problem is that managed if there is a complaint, ‘‘I was denied have used all standard procedures, we care facilities put their physicians on care and I should not have been,’’ it is will not allow these great scientists, an index. They go out every year and that person’s job to get to the bottom these medical researchers who have hustle doctors in order to get good of it. An ombudsman can take a look found new ways they believe can cure a deals. They find a doctor who will do at that and find out what went wrong. disease—we will not allow your moth- an appendectomy cheaper than a doc- There is someone to go to if there is a er, father, brother, or sister to have tor did last year, so that doctor gets problem with the managed care entity. cutting-edge treatments. put on their list. All of a sudden, the Under our legislation, it is a require- Under our program, we say patients patient no longer has the right to see ment. It is not even mentioned in the should have access to clinical trials. the doctor who has been treating him majority plan. People’s lives are saved every day be- or her for 10 years, because the doctor Plan quality—isn’t it just right that cause of these clinical trials. there be somewhere where a patient, a Access to OB/GYN—obstetrician/gyn- is not on the HMO’s list. What we say in our legislation is that member of a plan, can go to find out ecologist. This is absolutely critical for you can keep your doctor throughout what happens when certain procedures women. It is guaranteed under our leg- treatment, that you need not change are done in this managed care entity? islation that women would have access Are they successful? Are they not suc- to OB/GYN physicians. That is ex- even though the managed care entity, cessful? Our legislation provides that tremely important. Under the Repub- in effect, has fired that doctor. The people who are members of a plan can lican version, there are certain in- doctor is fired not for doing anything stances, certain times—very minute, wrong as far as rendering bad treat- get information on the quality of their very limited—that women can see an ment, but simply because they no plan. That is critically important. As I have asked before, why are we OB/GYN physician. We believe this longer want them on their approved here today talking about the Patients’ should be a matter of routine. A list. Maybe they had an argument with Bill of Rights? We are here because we woman should be able to see a gyne- one of the administrators. Maybe they believe there should be a debate taking cologist or obstetrician when she be- think they charged too much. Maybe place in the greatest debating society lieves it appropriate. they can get a better deal. That is usu- We know in America today, when ally what it is, a better deal from other in the world, as the Senate is often re- women see a gynecologist, often these physicians. ferred to, on this issue. What should be physicians become the primary care Under our Patients’ Bill of Rights, done with these managed care entities physician for women. We believe our we, as I have said, allow patient advo- around the country as far as providing legislation is what women deserve and cacy. But we also prohibit gag rules. information, protecting all patients? what they need in America today. Under the majority’s Patients’ Bill of Do we want a debate on whether the What about access to doctor-pre- Rights, and I use that term very loose- Patients’ Bill of Rights should cover 40 scribed drugs? We have had a problem ly, you will find they have language million Americans or whether it should develop around the country and in Las prohibiting gag rules but it is rel- cover 60 million? Do we want to debate Vegas when one of our providers found atively meaningless. It is not enforce- on whether we can hold plans account- a new way to dispense drugs. If some- able. able? Do we want a debate on whether one needs one 50-milligram pill, the We also believe there should be exter- there can be arbitrary HMO inter- provider sends them a 100-milligram nal appeals. There was a speech made ference in the practice of medicine? Do pill and tells them to cut it in half, giv- here yesterday that the majority’s leg- we want a debate on guaranteed access ing them the instrument to cut it in islation does allow independent exter- to specialists? Do we want a debate on half. nal appeals. That is simply not true. access to out-of-network providers? Do That is not the way medicine should They have words that say that occurs, we want a debate on specialists being be practiced. Just because the HMOs but it really has no merit. Under our able to coordinate care? Do we want a get a good deal on a bunch of medicine, legislation, there is a guarantee of an debate on standing referrals to special- on a bunch of drugs, does not mean independent external appeal. And it is ists? Do we want a debate on improper that patients should be subjected to done quickly. financial incentives given to doctors that kind of treatment. Shouldn’t they There are also very important con- who are part of these entities? Do we be given the prescribed drugs the doc- siderations as to whether or not a per- want a debate on access to clinical tor says they need? son who is part of a plan has the right trials? Do we want a debate on having

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13920 CONGRESSIONAL RECORD—SENATE June 23, 1999 an obstetrician and gynecologist for want, but we believe so strongly about The PRESIDING OFFICER. Without women when they want one? Do we this issue that our leader has said to objection, it is so ordered. want a debate on access to doctor-pre- the majority leader we are willing to Mr. KERREY. Mr. President, are we scribed drugs? Do we want a debate on limit our amendments to 20 and to set in morning business? patient protection advocacy? Do we a time for completing this bill. The PRESIDING OFFICER. The Sen- want a debate on keeping a doctor That certainly seems fair and reason- ate is in morning business. throughout your entire treatment? Do able when one considers that in this f we want a debate on prohibition of gag Congress, we already have taken up AMENDMENTS TO AGRICULTURE rules? Do we want a debate on how the bills which have not taken a lot of time APPROPRIATIONS guaranteed network meets the needs of but had far more amendments. a patient? Do we want a debate on ac- Y2K problem, 51 amendments; DOD Mr. KERREY. Mr. President, I had cess to nonphysician providers? Do we authorization, 159 amendments. We intended to come over and talk on the want a debate on choice of provider spent 4 days on that bill. On the Y2K ag appropriations bill. I am not going point-of-service? Do we want a debate problem, we spent 13 days on it and to talk about the ag appropriations bill on emergency room access? Do we want many of those were very short days. since we are not on it. I am going to a debate on whether or not these plans Defense appropriations, 67 amend- talk about a couple of amendments I should have an ombudsman? ments. We were able to finish that bill intend to offer, if we ever get to that The answer to every one of these in 1 day. We debated the juvenile jus- point. I will put us back into a quorum questions is yes, we do. That is why we tice bill for 8 days, and we were able to call when I am through. are here in this body. This great debat- dispose of 52 amendments. There are many important things in ing society says: Yes, let’s debate these We are saying, with something as im- this ag appropriations bill that I issues. If the majority is putting forth portant as people’s health care and strongly support. I have a great deal of this bill that they call a Patients’ Bill well-being, we are willing to take 20 respect and appreciation for the work of Rights—and we submit it is only in amendments. We feel we can finish the that both Senator COCHRAN and Sen- name a Patients’ Bill of Rights—we say bill in 3 days with 20 amendments. Cer- ator KOHL have done on this piece of we are willing to debate this because tainly, we are entitled to that time. We legislation. Every appropriator, every the American people are protected had 8 days on juvenile justice. In that Senator who has the responsibility of under our Patients’ Bill of Rights. Peo- regard, we came up with some good leg- working on the Appropriations Com- ple need protection. They have been islation. mittee, understands we are seeing a de- taken advantage of. On the budget resolution, which is a cline, a deterioration in our capacity In America today there are only two guide for this body and which I believe to invest in our future as a result of a groups of people who cannot be sued: was not a very good piece of legisla- growing problem we have with our foreign diplomats and HMOs. I was at tion—I voted against it as did most ev- budget; that is, a larger and larger dinner in Nevada Saturday with a eryone on this side of the aisle—there share that is going to mandatory pro- friend who is one of the chief adminis- were 104 amendments, and we disposed grams and a smaller and smaller share trative officers for a big managed care of that bill in 2 days. available for these long-term invest- entity in northern Nevada. She said to In short, we certainly should have ments, whether it is in soil, whether it me: I kind of like your plan, except this debate, and we should do it right is in research, all the other things that these lawyers. away. We recognize we are only going are in this particular piece of legisla- I said to her: Every other business in to have one more legislative day this tion. The problem is only going to get America has to deal with lawyers. Why week and then we go back to our worse. shouldn’t people who take care of me, States to do other things. Let’s do it I didn’t come to talk about that, but people who take care of my daughter, next week. Let’s begin this bill next I did feel obliged to say I understand people who take care of my son, my week, and after the Fourth of July that all these men and women who wife, if they do something wrong, why break, we can come back and work on serve on the Appropriations Committee should they not also have to respond in the appropriations bills. We are not are under an awful lot of pressure, and the legal system? That is really in- going to complete any of the appropria- that pressure is going to grow. valid. People are saying this is going to tions bills until we have a meaningful We currently take from the Amer- make all this litigation. That is simply debate on the Patients’ Bill of Rights, ican people about 20.5 percent of GDP not true. Lawyers, especially when one where we are not gagged and we to spend on Federal programs. That they deal with people’s health, have to are allowed to offer the amendments one-fifth of total GDP that we have be very careful litigating. In the entire we want to offer as to the substantive been taking for the last 50 or 60 years history of the State of Nevada, which merits of this legislation. has remained relatively constant, is now not the smallest State in the I hope the majority will allow this though at 20.5 it has not been at that Union, although certainly not one of debate to take place. It will take place. high level since 1945. I say that only be- the largest, it is about 35th in popu- It is only a question of when it will cause there is an upper limit as to lation, in the entire time we have been take place. We will save a great deal of what we can take. I think we are there. a State, there have only been a handful time and anxiety if we just get to it. As Indeed, I support cutting taxes right of cases, medical malpractice cases Mills Lane, the famous fight referee, now; I believe we can cut taxes. Indeed, that have gone to a jury. So this is a now the TV judge says: Let’s get it on. part of the reason I am for it is that, at bogeyman that does not exist. We are willing to get it on with this 20.5, in order to send a signal, we need What we are saying is we want a de- debate. We feel so strongly about the to understand there is an upper limit. bate on the Patients’ Bill of Rights. We merits of our case, we are willing to de- Otherwise, we are apt to spend it on a think ours is certainly one in keeping bate it in the dead of night or early in variety of things, and all the fiscal dis- with the standards the American peo- the morning. We do not care when we cipline we have had throughout most of ple want. In the light of day, we are do it, but let’s do it. this decade will be evaporated in a willing to debate what the Patients’ Mr. President, I suggest the absence hurry. Bill of Rights on the other side has, of a quorum. But as to this bill itself, whenever it which is nothing. It is a Patients’ Bill The PRESIDING OFFICER. The becomes appropriate, I intend to offer a of Rights in name only. We want to clerk will call the roll. couple amendments. As I said, while come to this body and have a reason- The assistant legislative clerk pro- this piece of legislation does support a able number of amendments. That is a ceeded to call the roll. number of very important aspects of concession on our part, a reasonable Mr. KERREY. Mr. President, I ask agriculture spending, from agriculture number of amendments. We should be unanimous consent that the order for research to food stamps, in fact, it able to offer all the amendments we the quorum call be rescinded. can’t, given its mission, address the

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13921 enormous amount of changes sweeping mal course of business, worry about it Corporation. These are all technical- across rural Nebraska. I get calls all hail or about not getting enough rain. ities. the time from farmers who ask me: I don’t have a growing season where I (Mr. BURNS assumed the Chair.) Does anybody in Washington under- can be wiped out with a single event, Mr. KERREY. Now we have a new stand what is going on? I answer, genu- and I don’t have all my annual sales ‘‘Mr. President’’ in the Chair with inely, yes. I think both Republicans gone just like that as a result of some- slightly different agriculture interests and Democrats are scratching their thing way beyond my control. but still substantial agriculture inter- heads trying to figure out what we can So we understand that we have basics ests. So I feel that I am speaking to a do. that we are dealing with. I hope we un- kindred spirit. I notify anybody who I was encouraged by the chairman’s derstand that agriculture produces peo- happens to be watching this on tele- comments during the markup of the ple with values. There is a rural policy vision that the occupant of the Chair is dire emergency supplemental bill for aspect of our farm program that is not the only person here listening to me Kosovo; he does understand that both really economic. We want people to other than the pages and the staff. I Republicans and Democrats understand live in rural America. We understand appreciate very much that he is now there is a need to do an additional sup- that our program has to provide them looking at me. I appreciate that. plemental appropriations bill at some with some hope of economic prosperity, Freedom to Farm was supposed to time for emergency purposes to help and we understand that these farms cost $43.5 billion over 7 years. It has agriculture. But this merely under- produce more than just some thing, cost more than that already. That is scores the problem we are experiencing some commodity that has economic before we have an additional payment, in rural America today. Unfortunately, value. which is likely to occur. We have 2 what is happening is that family farm- The question is how to do that. We more years to go. I said earlier I am er, who very often has a job outside of had a great debate in 1995 over Free- not attacking either Freedom to Farm agriculture, is not certain there is any dom to Farm. Though I didn’t vote for or those who support it. I understand opportunity left. it, let me say that I was very sympa- exactly why it was there. There are I want to say to my colleagues, thetic to the idea that the Government many aspects of it that I like a great though, I am very much a free market should not be out there regulating deal. But I will offer, when it is an ap- person; I support free trade. I believe every single thing the farmer does. propriate time, two amendments to we ought to have rules and laws that Under the old farm program, that hap- this appropriations bill that I hope get support the free enterprise system. pened. Farmers were saying to me: I due consideration by both supporters In agriculture, we do a lot more on am not making decisions anymore. All and opponents of Freedom to Farm. these family farms than just produce my decisions are made down at the First of all, I will offer an amend- food. The food is important, a vital Farm Service Agency. I have to go ment that will reestablish the farmer- part of our export strategy, and it has down and find out from USDA and Soil owned reserves. I will offer it, as I said, economic value that one cannot deny. Conservation Service and other people as an amendment to the bill at the ap- But these farms produce human beings. what I can do before I make plans. propriate time. The farmer-owned re- All of us who have had the pleasure of They wanted those handcuffs taken serve is a proven tool; it works. I will working with boys and girls who are off. They were also very uncomfortable not offer documentation this morning, working for the 4–H organization, or and not happy with the Government’s but I will if the debate becomes a seri- the Future Farmers of America, when performance in owning grain reserves. ous debate. It is a tool that will in- you see these young men and women, They watched the Government operate crease market prices; it will decrease you see kids with unusually good char- those reserves at times that caused the expenditures by the Government. His- acter and values that are acquired as a price to go low and subsidies to go up, tory has shown that for feed grains result of living in an environment and then their neighbors were saying every 100 million bushels removed from where you understand that this biblical to them: You are farming for your wel- the immediate market stream in- motto that says you can’t reap what fare check. creases prices 3 to 5 cents. Wheat is you don’t sow is true; where you live They didn’t like being on welfare. I double that, 8 to 10 cents a bushel. This constantly in an environment of under- am not here this morning to attack sets very strict release trigger points standing that, though you may have a Freedom to Farm, but I do think there based upon existing loan rates, and good or a bad farm program, and like are a number of things about our un- though critics have said this puts a or not like what is going on in Con- derlying law that deserve attention ceiling on the market price, a market gress, still the most important act you and deserve modification. price of $2.78 for corn and $4.12 for have is the act that occurs when you First of all, we are spending way wheat looks rather appealing, I argue, are on your knees in the morning, or in more than we thought we were going to both today and in the foreseeable fu- evening, or you are bowing your head spend. Last year, we spent $20 billion. ture for any family out there producing at lunch or supper and praying and It is estimated we will spend more than either one of those two commodities. being grateful for what you have but that this year. We have an Uruguay Increased market prices, not Govern- hoping that Mother Nature delivers Round commitment not to spend more ment payments, are the most equitable enough and the right amount of rain, than $19 billion on production or price- way to provide income to farmers. The enough and the right amount of other related support. We are already at $12 farmer-owned reserve is embraced in conditions that are necessary in order billion to $13 billion, and there is an Nebraska as a commonsense way to to produce this product. anticipation that there will be addi- help farmers without throwing out As the distinguished occupant of the tional spending, especially for loan de- Freedom to Farm. The idea originally Chair knows, being from Arkansas, ficiency payments under the soybean came to me in testimony that was of- food production is unusual because, un- program. fered by the Nebraska corn growers at like manufacturing businesses, it is The Commodity Credit Corporation a hearing that was conducted by Con- produced out of doors. It may seem like is out of money for the first time since gressman BILL BARRETT in Nebraska. an obvious fact, but in my businesses I 1987. CCC borrowing has an authority The corn growers and the wheat regulate the environment. I have an air of $30 billion, so this is not what we growers have endorsed this idea. They conditioner; I have a heater; I have a considered to be too low of a ceiling understand that it has worked in the furnace that produces heat in the win- but with the combination of direct pay- past. It is a way to decrease the pay- ter; and I have an air conditioner that ments, loan deficiency payments, dairy ments that are being made by tax- produces cool air in the summertime. I price supports, and export programs, payers and increase the margin of the can control that environment 365 days we have already exhausted what we price the farmers are receiving at the a year. I did get wiped out once by a thought was a generous amount of market. I hope when I have an oppor- tornado in 1975, but I don’t, in the nor- money to provide the Commodity Cred- tunity to offer that amendment we can

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13922 CONGRESSIONAL RECORD—SENATE June 23, 1999 get by some of the normal ideological ies that were nominated for Academy where the jobs are created. That is fears about the farm program itself and Awards. They feared, quite correctly, where the innovation occurs. put this reasonable change into law. that the theater owners were not al- I will offer this amendment transfer- I also intend to offer an amendment lowing them to see movies that they ring authority from Packers and to put the antitrust authority for agri- wanted to see. There is a concentration Stockyards, regrettably, because, as I culture on a par with the antitrust au- of ownership in the theater business. have said, I have jurisdiction over that, thority over other industries; that is, So where did they go? They went to the being a member of the Agriculture to remove it from Packers and Stock- Antitrust Division of Justice. Guess Committee, and I don’t like to sur- yards and take it under the law over to what. The Antitrust Division of Justice render jurisdiction. But the evidence to the Antitrust Division of the Depart- opens an investigation against con- me is overwhelming. Consumers have ment of Justice. I would love for the centration of ownership, trying to ask somebody on their side in the Anti- jurisdiction to stay at USDA. By it the question, Do we have competition trust Division at Justice. Consumers staying at USDA, I retain authority as in the marketplace, and is the lack of and producers, when it comes to Pack- a result of being on the Agriculture competition having a negative impact ers and Stockyards, do not. Committee. I am not on the Judiciary upon people who are consuming motion In conclusion, as I said earlier, when Committee. I understand that I am sur- pictures, who go and spend 6 or 8 it comes to the agriculture crisis, I in- rendering some jurisdiction when I do bucks—whatever it costs—in their tend to work in a bipartisan fashion. that. But the fact is that the USDA local communities to see the movies I know the distinguished occupant of will never have the resources to be as that they wanted to see? They have the the Chair is very concerned about what aggressive as Justice, and producers, in law on their side. People who go to mo- is going on in rural America today. I my view, who want competition, who tion picture shows have the law on hope we are able to do much more than want the marketplace to work now their side. just talk. I don’t intend to try to com- more than ever, need to know that Our packers are out there saying, my mand an issue. I prefer to produce re- somebody in Washington, DC, is going gosh, if the Federal Government is sults. to be making certain that that market- willing to forcefully intervene on be- My hope is that either on this piece place is, indeed, competitive. half of those consumers, why are they of legislation or at some later time we The appropriations bill provides no not willing to forcefully intervene on can take action and have the farmers new funding for Packers and Stock- our side? in Nebraska and the farmers in Mon- yards. Indeed, the recommendation is We met with Joel Klein. We have met tana and the farmers in Oklahoma and to provide $2.5 million less than last with other agencies of government. throughout the country say they be- year’s appropriations. I understand They say to us—especially Antitrust— lieve the Congress understands what is that last year’s appropriations pro- that they simply lack authority. going on in rural America today and is vided for a one-time revolving GIPSA. The Federal Trade Commission said making a concerted effort to finally do I criticize the committee for cutting the same thing to us—that the only something about it. GIPSA’s budget. However, the fact still thing we have on our side is the Pack- I yield the floor. remains that Packers and Stockyards ers and Stockyards Administration. Mr. NICKLES. Mr. President, I com- will have no additional resources next But Congress constantly underfunds pliment my colleague, the Senator year. this agency. As a consequence, they from Nebraska, for his statement. In the meantime, the Antitrust Divi- have been either unable or unwilling, f sion appropriations in Commerce- since this law has been enacted, to file State-Justice is $14 million more than any antitrust action against individ- EXTENSION OF MORNING we had in 1999. uals who are out there in the business. BUSINESS To his credit, the President asked for I believe in the American way. I Mr. NICKLES. Mr. President, for the an additional $600,000 to investigate don’t want anybody to be prevented information of all of our colleagues, we packer competition. But not to his from becoming as big and as prosperous have been negotiating with the minor- credit, the President proposed to pay as they want. These larger companies, ity leader. I say ‘‘we.’’ Senator LOTT, I, for it with additional user fees, which in my view, are organizing for success. others, and Senator KENNEDY have the committee quite appropriately re- They contribute an enormous amount been negotiating, trying to come up fused to do. It leaves us with the status of tax revenue to the Federal Govern- with some type of time agreement on quo. What I am hearing from Nebraska ment. They contribute by building the so-called Patients’ Bill of Rights. producers is, that is not enough. jobs. They are doing lots of really good As I stated yesterday, it doesn’t be- I pause to say that last year during things. long on the agriculture bill. We are debate in the Agriculture Appropria- But if you are going to have the working, and I think we are making tions Committee, I offered an amend- United States of America be the land of good progress. Hopefully, we will have ment that would increase competition, opportunity, you have to have the an agreement in the not too distant fu- that would provide for a change in the rules written so that a man or woman ture as far as the timing to take up the law so prices that were offered under who wants to start a small business has bill. contract or formula had to be reported. a chance to compete and has a chance With that in mind, I ask unanimous The distinguished occupant of the with an operation with a small amount consent that the Senate continue in Chair, with his great courage, great of resources. They are not going to morning business until the hour of 1 wisdom, and great leadership, enabled have anybody lobby the Government. o’clock with the time to be equally di- that amendment to be agreed to in the They are not likely to have the money vided. agriculture appropriations. Unfortu- to hire an accountant, or lawyer, or all The PRESIDING OFFICER. Without nately, it was stuck in the murky proc- of the other sorts of people you can objection, it is so ordered. ess that led to $500 million or $600 mil- hire when you became a larger entity. Mr. NICKLES. Mr. President, I sug- lion being spent. It was dropped, unfor- They are not likely, as a consequence gest the absence of a quorum. tunately. We will be back to revisit of commanding fewer resources, to be The PRESIDING OFFICER. The that issue again. able to survive by pricing their product clerk will call the roll. This is very much an issue that dove- under their cost for very darned long. The legislative assistant proceeded tails with mandatory price reporting. As a result, they are vulnerable. to call the roll. Earlier this year, Americans who went That is why we have antitrust laws. Mr. DASCHLE. Mr. President, I ask to motion pictures shows, who went to The laws are there to protect not just unanimous consent that the order for movie theaters to watch a movie, were the small businessperson but to protect the quorum call be rescinded. concerned because in their commu- the United States of America so that The PRESIDING OFFICER. Without nities they didn’t have access to mov- we are the land of opportunity. That is objection, it is so ordered.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13923 PATIENTS’ BILL OF RIGHTS pital length of stay. It also would es- essary is made by the physician and Mr. DASCHLE. Mr. President, I will tablish a fair definition of medical ne- health care professionals, not by the take just a few moments to share with cessity. Medical necessity, in our judg- business people with the green eye- my colleagues where we are with re- ment, should simply be an opportunity shades who have no degree in medicine. gard to our negotiations, and then talk to use good, professional, medical judg- Is that correct? a little bit about the bill itself, the Pa- ment about the course of action involv- Mr. DASCHLE. The Senator is abso- tients’ Bill of Rights. ing a patient. That is what we mean by lutely right. Let me just say, she asks Senator LOTT and I have had a num- medical necessity. exactly the right question because ber of discussions this morning. We are I will read for our colleagues two there is a followup requirement here trying to find a way to proceed. I think other definitions of medical necessity which we will deal with in another it is fair to say that we are continuing that are currently in insurance policies amendment. What happens if there is a to lose precious time in an effort to try for HMOs. I must add, I am not making dispute? Right now, the insurance com- to resolve our procedural differences. I this up. The first is from a Missouri in- pany holds all the cards. am hopeful we might be able to reach surance contract. I will read the defini- The insurance company says: In the some agreement. I am not wedded to tion of medical necessity taken right case of a dispute, we will make the de- the latest proposal I have shared with from the insurer’s policy. cision about whether the patient is the majority leader, but we do need a The company will have the sole discretion right or wrong. Our bill says: No, wait time certain for consideration of this to determine whether care is medically nec- a minute; we are going to have a fresh bill in the very near future. We cer- essary. The fact that care has been rec- review of the facts by an outside au- tainly need to have the assurance that ommended, provided, prescribed or approved thority. They will make the decision as by a physician or other provider will not es- to whether the procedure was medi- the amendments we will offer will be tablish that care is medically necessary. considered and voted upon by the Sen- cally necessary or not. There has to be ate. Let me just make sure everybody un- somebody outside the insurance com- Those are our two principles: No. 1, a derstands what this says. It says we do pany making that decision, or what time certain for consideration of this not care whether a doctor or a nurse or good is it for us to guarantee these bill; No. 2, some assurance that we will any kind of provider has recommended, very important rights to all patients? have the opportunity to debate amend- provided, prescribed, or approved a But I really appreciate the Senator ments and have votes. given treatment. We are going to be from California making that point. We recognize that with 45 Democrats the ones to make the decision about I yield to the Senator from Illinois. we may not have the necessary votes medical necessity, not them. Could it Mr. DURBIN. I thank the minority to win a contest with our Republican be any more blatant than that? leader for coming to the floor. friends on a comprehensive bill. How- Mrs. BOXER. Will the Senator yield For those who have been following ever, we do know there are a good num- for a question on that, just to make this debate for the 10 days or more now ber of Senators who have expressed sure I understand it? And I am so that we have tried to focus the atten- their support for various issues in our happy to hear my leader on the floor tion of the Senate on this Patients’ bill. We hope we can work through on this issue. Bill of Rights, this is the health insur- those issues and have the assurance we Mr. DASCHLE. I am happy too. ance issue which American families are can have a good debate and good votes. Mrs. BOXER. For example, a doctor focused on already. We have talked We cannot agree to any time certain examined a child and determined that about a lot of things on Capitol Hill, for final passage if we cannot agree child had a rare form of cancer. I had a but it is time to talk about the things that we will have at least an oppor- constituent with this circumstance. It that are important to them. tunity to debate these amendments was a rare form of cancer, say, of the In the example the Senator from and have votes. kidney, which happened to be the case, South Dakota and the Senator from Again, our two principles: A date cer- and she needed immediate surgery by a California addressed, about a doctor tain, and an opportunity to have up-or- specialist who had done this operation being overruled, is it not also the case down votes, or even tabling votes, on before, because, by the very nature of that in some of these same insurance the amendments we want to offer. it, it is a very dangerous operation, and policies the doctor cannot even tell the I am hopeful we can work through the doctor said this is the only way patient that he has been overruled by those two principles and find a way this child could live. an insurance company, that, in fact, it that is mutually acceptable. The ma- Is my friend saying in that particular is not his best medical judgment, but, jority leader, as always, is attempting situation the bureaucrats and the busi- in fact, the judgment of some bureau- to be as responsive as he can. I appre- nessmen in the HMO could essentially crat in an insurance company that is ciate the cooperative spirit with which say: That is very interesting, but the going to dictate the treatment the pa- we have been undertaking these discus- child will have to go see the cancer tient receives? sions over the last 24 hours. doctor who is in our plan, and she may Mr. DASCHLE. The Senator is abso- One of the reasons we feel so strongly not go and see this specialist who actu- lutely right. In fact, in response to the about amendments is that they cause ally could, in fact, save her life because good question posed by the Senator the Senate to focus on what it is we are he or she has done this operation be- from Illinois, let me read the second talking about when we say the words fore? Is that the essence of it? statement of policy by another insur- ‘‘Patients’ Bill of Rights.’’ I don’t Mr. DASCHLE. That is the essence of ance company regarding this very know that a lot of people fully under- it. The Senator from California has put question. Here is the statement of pol- stand the magnitude of those words. her finger on it precisely. What it is icy relating to medical necessity of a What does ‘‘Patients’ Bill of Rights’’ saying is, we as an insurance company second insurance company. actually mean? We want to be able to or we as a HMO will override whatever Again, my colleagues, I am not mak- spell out what it means. decisions are made by doctors, by ing this up. We did not write this. This I want to give one example, because nurses, by nurse practitioners, by any is written by the insurance company: it will be an amendment if we can’t get kind of provider, if we find it is in our Medical necessity means the shortest, an agreement. Our first amendment financial interest to do so. least expensive or least intense level of will deal with medical necessity. Med- Mrs. BOXER. What my friend is say- treatment, care or service rendered, or sup- ical necessity simply suggests that ing, further, is that in the Democratic ply provided, as determined by us, to the ex- medical decisions ought to be made by Patients’ Bill of Rights, we were going tent required to diagnose or treat an injury medical professionals, not bureaucrats. to offer an amendment as soon as we or sickness. Our amendment would prevent arbi- could on this—and that would be our This is actually out of the policy: trary interference by insurers regard- first amendment—to ensure that the Medical necessity means the shortest, ing treatment decisions such as hos- definition of what is medically nec- least expensive or least intense level of

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13924 CONGRESSIONAL RECORD—SENATE June 23, 1999 treatment, care or service rendered, or sup- her employment and later testified be- of lives, and that is why the Patients’ ply provided, as determined by us.... fore the Congress and said it was a Bill of Rights is so critically important Do we need a Patients’ Bill of Rights, matter of dollars and cents. I caused and why the difference between what when you take this right out of a the death of a man, but I was lauded we are talking about and others are health insurance manual: Medical ne- for that by my employer because, to talking about is so stark. cessity is determined by the shortest them, it was a matter of dollars and We adopt the title, Patients’ Bill of or least expensive way with which to cents. So that relates to medical neces- Rights, and then they say: We have provide service to a patient? sity. What is necessary? one, too. Sure you have one. It is like It doesn’t end there: The second item I was thinking picking up a turtle shell without a tur- The service or supply must be consistent about, I know the Senator from South tle in it. It is a shell. It does not mean with the insured person’s medical condition Dakota was at an event one day; the anything. It does not provide the guar- at the time the service was rendered, and it Senator from California, Mrs. BOXER, antees for people. That young boy is not provided primarily for the convenience was at the same event. Dr. GANSKE, a would not have had his reconstructive of the injured person or doctor. Member of the House of Representa- surgery. The other young boy would No wonder people go nuts when they tives, who is a Republican and has been not have had a chance to walk. And the talk about insurance policies today and a strong supporter of the Patients’ Bill list goes on. That is why these dif- what is going on out there, when they of Rights, held up a poster, a colored ferences are so important. combat an insurance company that in- picture of a young boy. That young boy Medical necessity, guaranteed emer- cludes a provision like this. They may had no upper lip and no structure be- gency room treatment, the gag rule, not have read all the fine print, but neath his nose—a giant gaping hole. He understanding all your medical options when a company says we are going to was born with a very severe birth de- for treatment, not just the cheapest— determine medical necessity by what is fect. It looked awful. One was hardly all of these things are critical dif- the shortest or least expensive—the able to look at that young boy’s face ferences, and it is why I believe they do Senator from Illinois is exactly right and not immediately say what incred- not want to allow the Senator from —this overrides everything. ible disfigurement this young boy has. South Dakota to bring the bill before Mr. DURBIN. I ask the Senator from Dr. GANSKE, who was speaking that the Senate. We need to vote on these South Dakota, the Democratic leader, day, said: The HMO said there was not things, if not in total, then one by one, to yield for this question. This is clear- a medical necessity for this young boy to find out where do my colleagues ly an interesting and important debate to receive repairs. In dollars and cents, stand on it. Do they stand for the right on health insurance and protection for the repair of that horrible disfigure- of emergency room treatment? Do they American families. What is stopping ment did not make any sense to the stand for the right of reconstructive the Senate from engaging in this de- HMO. But then he showed a picture of surgery for that young boy? Where do bate? this young boy having gone through re- they stand on these specific issues? Mr. DASCHLE. I must say, some of constructive surgery, and you saw a That is what is going to happen in our colleagues on the other side tell us face, a wonderful face of a young boy the coming days. Like it or not, we are they would rather not have to vote on which had been repaired and now that going to force them to face that, be- this. They do not want to have to vote young boy had hope. One could sense cause the American people deserve the on amendments about medical neces- the smile in that picture, and that is opportunity to have a Patients’ Bill of sity. That is what is stopping it right what medical necessity is. Rights passed by this Congress empow- now. We are at an impasse because we It is not convenience. It is not just ering them. believe this is such an important issue dollars and cents. It is investments in Mrs. BOXER. Will the Senator yield that votes and amendments on ques- human beings, giving hope to a young for 30 seconds before he responds? tions like medical necessity ought to boy. be a part of any legitimate debate on a I have one other person, if I may, Mr. DASCHLE. I yield to the Senator Patients’ Bill of Rights. That is why whom I want to mention and whom I from California. we are not in agreement today. We feel have mentioned before. He is a young Mrs. BOXER. In 30 seconds, I want to those amendments are required if we boy born with horrible problems. The put a bigger picture on it. I had the are going to have a good debate. Our doctors said he would have a 50-percent pleasure of being at a press conference colleagues have at least today refused chance of walking by age 5 if he had a with the Senator from Maryland, Ms. to allow them. certain kind of therapy. MIKULSKI, and she made a point. She Mr. DORGAN. I wonder if the Sen- The HMO said: A 50-percent chance of said this century has been the greatest ator from South Dakota will yield? walking by age 5 is ‘‘insignificant,’’ century known to humankind for find- When he talks about medical neces- which means that in dollars and cents ing new options for care, new research, sity, I am reminded of two specific they withhold the therapy and the gene research. We know more now than issues. One, the doctor who testified at young boy is not able to walk. He we ever knew before, and how ironic it a hearing before the Congress who doesn’t have the chance to learn to is that at a point in time, going into worked for a managed care organiza- walk. the next century, when we know more tion, who said: I caused the death of a That is dollars and cents versus med- than any other nation in the world, in man. She said it to a near-empty hear- ical necessity. That is what is at issue. this country HMOs are denying our ing room when the television cameras What is at issue is the ability to em- people access so they cannot benefit were gone. She was the last witness of power patients with the opportunity to from this research. a day. get needed medical treatment, not nec- As the Senator from South Dakota I caused the death of a man, she said. essarily the cheapest treatment, but talks about medical necessity, if he I wasn’t reproached for that. I wasn’t the best treatment, not necessarily the can weave that into his comments, I issued any sanctions. In fact, my em- treatment that someone in an insur- will be very interested in his response. ployer really felt quite good about it. I ance office a thousand miles away Mr. DASCHLE. The Senator from was rewarded for it. I withheld treat- thinks might or might not be nec- California makes a very important ment that could have saved that per- essary, but what the doctor in the doc- point. It is our research and the ex- son’s life. tor’s office thinks is necessary for that traordinary benefits that have come She was dealing at that point as an young boy’s life, such as the recon- from it that have made a difference in employee of an HMO, and a patient ap- structive surgery of that boy’s face. people’s lives all over the world. How parently needed some kind of heart That is what I think about when the ironic, after the American people spend procedure that was very expensive. The Senator speaks about medical neces- valued tax dollars in support of re- HMO said it was not a medical necessity. This is not theory. It is not some search which is changing the quality of sity. The patient died. This lady left abstract term. It is an important part life for millions of people, that there

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13925 are insurance companies denying pa- it is, how inexpensive it is or how much President Milosevic has already been tients the opportunity to benefit from it lacks intensity, that says in spades indicted. The acquisition of this evi- research today. why this debate is important. It says dence will be key in preparing for the What happens? The benefits of that why we will not give up our rights to trial of the case. The long arm of the research goes abroad. It goes to Eu- offer amendments to ensure that issues law extends very far. It is my pre- rope. It goes to Asia. It goes to Latin like this are properly addressed. We diction that one day President America. Thank goodness it does. But will not walk away from this debate. Milosevic will be in the dock at the why should it go there and not be al- We must have an opportunity to have Hague in the criminal court there, as lowed here? a good debate with good amendments will be Radovan Karadzic, the former We use the term ‘‘clinical trials.’’ It on issues as important as this, and we head of Bosnia, General Mladic, and is a technical term. I like to get away can do it. There is a way to work the others who are under indictment. from it, because I am not sure people through this procedure. This can be a As I have noted before on the floor of understand what clinical trials are. Ba- win-win situation. I want to find a way the Senate, I believe that a condition sically, when we talk about clinical with which to ensure we can get a lot of the cease-fire should have been hav- trials, we talk about the right to en- done in the next 10 days, and yet ac- ing Milosevic turned over to the NATO sure we benefit from innovative re- complish what we believe so strongly forces. We learned from the bitter ex- search. We should encourage experi- must be a part of the Senate’s agenda perience in Iraq—20/20 hindsight—we mental treatments when they are in in this session of Congress. I yield the would have been wiser to have taken the interest of the patient, and the doc- floor. the steps necessary to take Saddam tor recommends them. That should be Mr. DORGAN. Mr. President, I sug- Hussein into custody. Our failure to do part of a Patients’ Bill of Rights. But gest the absence of a quorum. so has caused enormous problems. We there is a chasm between Republicans The PRESIDING OFFICER. The have seen with Milosevic that he has and Democrats on that issue. Our Re- clerk will call the roll. started some three wars, and if he is at liberty, who knows what he may do in publican colleagues said: No, oh, no, The legislative clerk proceeded to call the roll. the future. That action has already that ought to be a decision the insur- Mr. SPECTER. Mr. President, I ask been taken. ance company makes, not the doctor, unanimous consent that the order for It is vitally important that the evi- not the patient. the quorum call be rescinded. dence be preserved so that when—and I I hope we keep talking about re- The PRESIDING OFFICER. Without do not say if—but when Milosevic and search and who benefits and how pre- objection, it is so ordered. the other indictees are taken into cus- posterous it is that in this country, f tody, we will be in a position to have even though we have these funda- the prosecutors at the War Crimes Tri- mental and extraordinary new possi- INVESTIGATING WAR CRIMES bunal present that evidence. bilities to improved lives, there are in- Mr. SPECTER. Mr. President, I have I have had the honor to visit the War surance companies at this very mo- sought recognition to compliment the Crimes Tribunal in the Hague on a ment that have just denied somebody prompt action of the Federal Bureau of number of occasions. The prosecutors access to that research. Investigation in sending a forensic there are a very fine team. They have The Senator from North Dakota is team to gather evidence in Kosovo for received support from a variety of Fed- always so eloquent and so compelling the prosecution of those indicted under eral agencies. The CIA has been helpful in his comments. Again this morning the War Crimes Tribunal in the former with the overhead satellites. The De- he demonstrated why he enjoys the ex- Yugoslavia, which would include Presi- partment of State has been of con- traordinary respect of Senators on dent Milosevic. tinuing assistance. The Department of both sides of the aisle. One cannot talk Earlier this morning, FBI Director Defense has been of assistance. Now in human terms, in personal terms Louis Freeh announced that some 59 the action by the FBI, with the ap- very long, as he did, and not under- agents of the Federal Bureau of Inves- proval of the Attorney General, is very stand the importance of this issue. You tigation, working with the Armed important. can talk legalisms all you want. But if Forces Institute of Pathology, have This is unprecedented for the FBI to you put it in human life terms, as the been dispatched to Macedonia—will be undertake this kind of acquisition of Senator from North Dakota did—he in Kosovo—and will be, starting tomor- evidence. There are precedents in the put it in terms of life and death; he put row, preserving evidence for the pros- field where the FBI has worked over- it in terms of helping a young child— ecution of those under indictment by seas on the Khobar Tower bombing in all of a sudden the light comes on and the War Crimes Tribunal. Saudi Arabia and with the U.S. embas- you understand why, when an insur- This is a very important step because sies in Kenya and Tanzania. The FBI ance company actually has the audac- we have already had a series of reports was deployed to El Salvador for the in- ity to write, ‘‘Medical necessity means about tampering with evidence, about vestigations of murders that occurred shortest, least expensive, or least in- the removal of massive grave sites. The in 1983. The FBI was involved in the intense level of treatment,’’ why that prompt action by the Federal Bureau vestigation of war crimes in the former young boy did not get his facial prob- of Investigation, moving to the scene Yugoslavia in 1993, and involved in a lems fixed. It certainly did not fit of the crimes to gather evidence for use polygraph examination in a murder ‘‘shortest, least expensive, or least in- in court, is of the utmost importance. case in Guatemala in 1995, and sup- tense level.’’ For some 12 years, as an assistant ported the investigation of a murder in That case probably is expensive. It is district attorney and later as district Haiti in 1995. The authority for the FBI to act on not a short recovery. It is intense. It is attorney in Philadelphia, I had experi- these premises is set forth in the Fed- the absolute reverse of the definition ence in the gathering of evidence for eral statute in 28 United States Code, this particular company uses for med- use in the criminal prosecution proc- section 533. The regulations which have ical necessity. Of course, it was medi- ess. I can personally attest to the im- been promulgated under that statute cally necessary if that young boy’s life portance of prompt action. make a specific reference as follows: meant anything. Of course, it was re- If you do not get the evidence while As provided for in procedures agreed upon quired if our society is going to be re- it is fresh, it may disappear; its quality between the Secretary of State and the At- sponsive at all. But for any company to may change unless it is preserved. So torney General, the services of the Federal say, we don’t care what the doctor the very prompt action of the FBI in Bureau of Investigation laboratory may also says, we don’t care how inappropriate moving on this is very important. It is be made available to foreign law enforce- it may be to override a decision made especially important as the evidence is ment agencies and courts. by a doctor and his or her patient, we unfolding of the crimes against human- The War Crimes Tribunal would fit are going to decide the medical neces- ity by the Serbian Armed Forces under within that qualification as an inter- sity of a treatment based on how short the direction of President Milosevic. national court.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13926 CONGRESSIONAL RECORD—SENATE June 23, 1999 The FBI will be undertaking a vari- The PRESIDING OFFICER. The on the floor, for the Congress to decide ety of evidence-preserving matters in clerk will call the roll. what it will do with respect to emer- Kosovo. They intend to establish the The legislative clerk proceeded to gency responses to the farm crisis. exact location of the crime scenes. call the roll. There are some who might counsel They will photograph the scenes, the Mr. DORGAN. Mr. President, I ask we should do nothing, that it doesn’t deceased victims, the evidence, map unanimous consent that the order for matter whether there are farmers in the crime scenes, collect the physical the quorum call be rescinded. this country. They would say: Food evidence related to indictments, exam- The PRESIDING OFFICER. Without will be produced anyway, and it doesn’t ine victims for indications of the cause objection, it is so ordered. matter much who produces it. We can of death, indications of restraint and f farm America from California to Maine physical abuse, and preliminary identi- with corporate farms, and that is just THE FARM CRISIS fications. They will collect appropriate fine. samples from victims for possible fu- Mr. DORGAN. This morning, as I do not happen to share that view. I ture identification using DNA tech- chairman of the Democratic Policy think that is a view that is devoid of niques. They will work on forensic and Committee, I convened a hearing on all common sense. It suggests there is scientific investigations with the the farm crisis. About 10 to 12 of my no worth and no value at all to the cul- Armed Forces Institute of Pathology. I colleagues came to the hearing. We had ture of family farming, that family think this is very good news, acting as a number of family farmers from across farming doesn’t contribute to our promptly as they are, moving in with the country testify. country, that the fact there are people very substantial equipment and per- We had Woody Barth, a farmer from living out on the land is irrelevant. sonnel to undertake this important Solen, ND, testify; Rob Lynch, a farm- The fact that those people combine to work. er from Zillah, WA; Glenn Brackman, a make small communities and build our The gathering of this evidence is in- farmer from Lafayette County, AR. We main streets and build our churches dispensable for the trials. We have an had some folks from Illinois, Iowa, and and create good neighborhoods is irrel- opportunity here at the War Crimes Kentucky. We talked about the farm evant; that kind of investment and Tribunal to establish an international crisis and about public policies that that kind of creation in our country precedent of tremendous importance ought to be employed by this Congress doesn’t count. for the future. It is the establishment to respond to the farm crisis. I guess those who think that way of the rule of law in international mat- I pointed out that a lot of people are look through the lens of perhaps Wall ters to let any future Milosevics, who not aware of the farm crisis. It is prob- Street or others who see only dollars might be inclined to commit crimes ably a circumstance that farmers and cents, only rows of columns. You against humanity, know they will be working in quiet desperation, many of add them up or you subtract them. You brought to justice, that there is an them threatened with losing their reach a balance, and that is the cost. It international rule of law. I believe the farms, are going through a period that just eliminates, of course, the question apprehension and trial of Milosevic most Americans do not understand and of what is the value. Are family farm- himself is very important, because it don’t know about. ers contributing value to this country? will be the first time that a head of Every day we hear the stock market Will the loss of family farmers matter state will have been subjected to the is up or down, mostly up—the stock to our country? The answer is yes on criminal process. market has gone to 11,000, now back both counts. I applaud what the Department of down a bit. But the fact is, this coun- Mr. Wendell Barry from Port Royal, Justice is doing here. I applaud what try generally hears good economic KY, writes: the FBI is doing. I had an opportunity news about where the stock market is As we all know, we have much to answer for in our use of this continent from the be- to discuss this matter yesterday with going, about new information technology, about the progress of new com- ginning, but in the last half century we have Director Freeh; I have talked to him added to our desecrations of nature a delib- from time to time. I think this very panies, about the new day, about the erate destruction of our rural communities. prompt action will be enormously im- global economy. Yet the folks who stay The statistics I cited at the beginning are in- portant and instrumental in securing at home and produce America’s food on controvertible evidence of this. justice for the convictions of the peo- our family farms are in desperate trou- He cited statistics about the loss of ple who are now under indictment. ble. farms, the depopulation of our farm I thank the Chair. Wendell Barry, a farmer from Port belt, and so on. In the absence of any other Senator Royal, KY, testified today. He is also But so is the condition of our farms and seeking recognition, I suggest the aban author, a wonderful guy, kind of a forests and rural towns. If you have eyes to sence of a quorum. philosopher-writer type. He wrote some see, you can see that there is a limit beyond The PRESIDING OFFICER. The things. In fact, he has written a book which machines and chemicals cannot re- clerk will call the roll. called ‘‘Another Turn of the Crank.’’ place people; there is a limit beyond which The legislative clerk proceeded to I will read a couple things he has mechanical or economic efficiency cannot written that I think really bear on this replace care. call the roll. I am talking here about the common expe- Mr. SPECTER. Mr. President, I ask issue. I do it in the context of the bill rience, the common fate of rural commu- unanimous consent that the order for that is to be on the floor. We did have nities in our country for a long time. It has the quorum call be dispensed with. the agriculture appropriations bill on been, and it will increasingly be, the com- The PRESIDING OFFICER. Without the floor of the Senate. It will come mon fate of rural communities in other objection, it is so ordered. back, hopefully, as soon as an agree- countries. The message is plain enough, and Mr. SPECTER. Mr. President, on be- ment is reached with respect to the Pa- we have ignored it too long: the great, cen- half of our distinguished majority lead- tients’ Bill of Rights. tralized economic entities of our time do not er, I ask unanimous consent that the When it comes back to the floor, Sen- come into rural places in order to improve them by ‘‘creating jobs.’’ They come to take period for morning business be ex- ator HARKIN and I intend to offer an as much value as they can take, as cheaply tended until the hour of 2 p.m. under amendment similar to the amendment and as quickly as they can take it. They are the same terms as previously sub- we offered during the emergency sup- interested in ‘‘job creation’’ only so long as mitted. plemental appropriations bill. That the jobs can be done much more cheaply by The PRESIDING OFFICER. Without amendment lost on a 14-to-14 tie vote humans than by machines. objection, it is so ordered. in the conference. Mr. Barry writes, about liberals and Mr. SPECTER. I thank the Chair. We also offered a proposal in the ag- conservatives, an interesting admoni- Again, in the absence of any Senator riculture appropriations sub- tion: seeking recognition, I suggest the ab- committee. But this is the time, when Long experience has made it clear—as we sence of a quorum. the agriculture appropriations bill is might say to the liberals—that to be free we

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13927 must limit the size of government and we President, you shortchanged us in your It happened, and it happened quickly. must have some sort of home rule. But it is request for defense, so we are going to Not only did it happen—massive quan- just as clear—as we might say to the con- give you what you ask for and we are tities of durum and spring wheat came servatives—that it is foolish to complain going to add $6 billion more to your re- about big government if we do not do every- across our border flooding our market, thing we can to support strong local commu- quest for defense. undercutting the market for American nities and strong community economies. Well, gee, that came from conserv- farmers—but we were then neutered in atives. I hope those same conservatives He is right about that. our ability to respond to it because he We must decide as a Congress wheth- will agree that the effort to save Amer- also traded away the remedies. So we ica’s family farmers is as important. er we are going to support America’s didn’t have a remedy for it. Don’t tell me there is not money. family farms. I spoke at the hearing That was in the United States-Can- There was money to say to the Presi- today, when I questioned the witnesses, ada free trade agreement. That passed dent we want to add $6 billion above about where I come from. I have told the House Ways and Means Committee what the Pentagon said it needed. If 34–1. I was the one. I didn’t feel lonely colleagues often about that. I come there is money to do that, there is from a rural county in southwestern a bit because I knew exactly what was surely money to invest in family farm- going to happen with the agreement. North Dakota that is the size of the ers in rural America. So my hope will State of Rhode Island. That county had Farmers’ interests were traded away. be that we are able, on a short-term In my judgment, we ought not accept 5,000 people when I left, and there are basis, to pass an emergency bill; and, now 3,000 people living in that county. trade agreements like that, whether it second, having done that, we will then is United States-Canada, NAFTA, or The county next to it is about the revisit the question of the underlying same size and there are 900 people liv- GATT. farm program. Speaking of NAFTA, after the United ing in that county. This farm program is not working. It States-Canada free trade agreement, We are fast depopulating rural Amer- ought to be apparent to everyone. The they negotiated NAFTA. The econo- ica. Rural economies in small towns farm program that the Congress passed mists were telling us what a great deal are shrinking like prunes. We now have essentially said let us do whatever the it was. After the trade agreement with prices for commodities, when the fam- marketplace says ought to be done. Canada and Mexico, the trade surplus ily farmer raises a crop and hauls it to But there is not a free market in agri- we had with Mexico turned into a big the market, that are deplorable. The culture. There is not now, and has not deficit in a short time. The trade def- family farmer is told when he or she been, a free market in agriculture. Our icit with Canada doubled in a short takes a truckload of wheat to the coun- farmers look at trade, and what they time. Instead of creating new jobs in try elevator—the grain trade says: This find is that markets are closed to them doesn’t have value. The food you in many corners of the world. So we this country, we lost massive numbers produce is not of great interest to us. raise a product we want to sell over- of jobs. All these economists who were It is not worth very much. seas and the markets are closed. Or if predicting 300,000 jobs were just fun- At the same time, we have people you raise, for example, beef, you will damentally wrong. We lost a lot of jobs who come and testify before the Con- discover not only are the markets as a result of that. They said if we just pass these agree- gress that the Sudan, for instance, old closed in some areas, but in other women climb trees to try to find leaves areas, such as Japan, you will pay a 45- ments, we will get from Mexico the to eat. We know much of the world is percent tariff to get American beef product of low-skill wages. Do you hungry, and we also know that while into Japan, only to find out that the know what we got? The three biggest much of the world is hungry, the grain Canadian beef —both live cattle and products coming in from Mexico are market tells our farmers their food hogs, and slaughtered beef and hogs— automobiles, electronics, and auto- isn’t worth very much. coming down is increasing at a very mobile parts—all products of high- Something is not connected there, rapid pace. So we have grain and live- skilled labor. We now have more auto- and this Congress must try to recon- stock coming in undercutting our mar- mobiles imported into this country nect it. kets. We find foreign markets are not from Mexico than the United States ex- We only have two choices, it seems to open to us, and we have all of these ports to all the rest of the world. That me. One is an opportunity, on an short- trade negotiators running around doing is what we got with NAFTA—again, term emergency basis, to pass an emer- trade agreements that have undercut undercutting our interests, hurting a gency farm bill. It seems to me the our agriculture producers. lot of producers in this country, and es- question for this Congress is: Are we We need a farm program that works pecially injuring family farmers. going to pass a short-term emergency and trades policies that make more Well, the point I am making is this: bill to try to help family farmers? Sec- sense than the current policies. I voted We had testimony this morning from ond, are we going to repair the farm against NAFTA and the United States- folks who came from across the coun- program, and the trade agreements, Canada free trade agreement, and I try to say we have a very serious prob- and other things that conspire to in- voted against the GATT agreement. I lem in rural America. We can’t fix that jure family farmers? did all of that because I think that, problem on a partisan basis. We need On the first issue, Senator HARKIN while we need expanded trade, we do Republicans and Democrats together to and I intend to offer an amendment for not, and should not, embrace trade agree that, No. 1, there is a farm crisis, $5 billion to $6 billion to try to provide agreements that are fundamentally un- and, No. 2, they are willing to do some- short-term emergency help for family fair to rural America. thing about it, to respond on an emer- farmers on this agriculture appropria- I recall when I was on the House gency basis, and then to repair a farm tions bill when it is brought back to Ways and Means Committee and the program that is fundamentally defi- the floor. We will have a fight about United States-Canada free trade agree- cient, which doesn’t value family farm- that. I don’t know how that will turn ment came to the committee, and the ing, a farm program that says it out. I hope Congress will say that fam- Trade Ambassador, who I won’t name— doesn’t matter who farms. That, in my ily farmers matter. Clayton Yeutter—said to us that the judgment, misses a lot of what is im- It was interesting to me that when trade agreement itself would not result portant in American life. the President sent a request down for in a massive flood of Canadian grain My hope is that in the next couple of military aid to restore and refresh the coming across our border. I said, well, days, as we offer amendments—Senator accounts in the Pentagon for con- I think it will, and you know it will. HARKIN, myself, and others—on an ducting airstrikes in Kosovo, Congress ‘‘Put it in writing,’’ I said. The Trade emergency basis, we will be able to said to the President: No, you are Ambassador wrote to us on the com- strike a bipartisan agreement to do the wrong about that, Mr. President, you mittee guaranteeing that it would not right thing on behalf of family farmers. didn’t ask for enough money. We insist happen. It wasn’t worth the paper it I know that it is a message that some that you give $6 billion more. Mr. was written on. get tired of hearing, perhaps, but I

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13928 CONGRESSIONAL RECORD—SENATE June 23, 1999 come from farm country and I care a you story after story. They have been man at the bottom of the seniority lot about what is happening out in our negotiating with these actuaries. They pecking order. It hasn’t happened. part of the country. say to the actuary: Are you a medical The reason this floor is silent right North Dakota is a wonderful State. It doctor? How can you tell me the pa- now, and the reason we are not debat- has a lot of rural counties, and the fact tient does not need this type of oper- ing other bills, is that many of us be- is that not just family farmers but ma- ation or this type of medication? They lieve strongly we should debate the Pa- chinery and equipment dealers, Main get no good medical answers. To them, tients’ Bill of Rights. But we also be- Street businesses, and so many other it is similar to going to medical school lieve the ability to debate issues of im- people are suffering so much through and spending years of internship and portance to us—that has been a hall- this economic distress, even at a time residency and it makes very little dif- mark of this body—should not be extin- when the rest of the country seems to ference. guished, should not be snuffed out. be doing so well. For that reason, our health care sys- I would like to know answers to cer- I had a letter from a young boy who tem—by the way, I give good marks to tain things. I would like to know an- talked about the distress his folks were our health care system. It has been swers to the kinds of examples I have going through while trying to hang overwhelmingly successful. The aver- heard about in my State and through- onto their family farm. He said: My age age of Americans is higher than out the country. dad can feed 180 people, and he can’t ever before. Not only do we live longer I would like to know, for instance, feed his family. He was talking about but we live healthier longer. what happened to a woman who had the fact that the family farm is so pro- I look at my parents. Thank God. terrible back pain and required two ductive in this country, and they are Praise God. Just last week each of surgeries to repair her spine. The HMO losing so much money. You hear this them had a birthday. One is 76 and one denied coverage for the $7,000 for the over and over again. is 71. My dad has had a few health mis- second surgery. The doctor then stated This Congress, it seems to me, must haps, but he is in good health. It is in to the woman that he would be com- respond. We are going to try to force part because of our medical system. mitting malpractice if he didn’t per- that response, first with respect to the But we have been losing so many of form the second operation, because the underlying agriculture appropriations these benefits in the last several years, whole procedure entailed two of them; bill with an emergency package, and, because the pendulum has swung too the HMO said one. The patient offered second, hopefully, to revisit and re- far in the direction of the HMOs. We to pay out of pocket. Both surgeries address the entire structure embodied find more people who have had no were done. But in this case the sur- in the underlying farm bill. training in medicine overruling doctors geon—a very generous person—declined I yield the floor. I suggest the ab- in medical procedures, because the to take the money from the woman. sence of a quorum. book of standard operating procedures Why did that happen? Why did this The PRESIDING OFFICER. The dictates the limited number of options. physician believe so strongly that the clerk will call the roll. We don’t want that. Most Americans woman needed the second surgery that The assistant legislative clerk pro- don’t want it. was denied by the HMO? ceeded to call the roll. That is why we need to debate this How about an incident where a New Mr. SCHUMER. Mr. President, I ask Patients’ Bill of Rights. We need to de- York man slipped and cracked his skull unanimous consent that the order for bate its scope: Should it cover only 50 as he was getting out of the taxi? The the quorum call be rescinded. million Americans, or should it cover taxi driver called 911. The victim was The PRESIDING OFFICER. Without closer to 150 million Americans? We rushed to an emergency room for treat- objection, it is so ordered. need to debate its provisions: How long ment. But this episode did not have Mr. SCHUMER. Mr. President, I ask a review process should there be? prior authorization as an emergency, unanimous consent to address the body Should it be internal or external? so the HMO refused to pay the bill. for 10 minutes. Should an HMO be allowed to have the Again, what has happened here? Have The PRESIDING OFFICER. Without last word on a life-or-death procedure we become so bureaucratic and so nar- objection, it is so ordered. that the physician believes is very row in the way we practice health care f much needed? Should there be a gag in America that common sense has rule? Should physicians be ordered not been thrown out the window? THE PATIENTS’ BILL OF RIGHTS to tell their patients about certain pro- Another example: An HMO denied an- Mr. SCHUMER. Mr. President, I am cedures or certain medications that are other New Yorker who suffered from here, of course, to discuss what many available? Should women have the multiple sclerosis physical therapy de- of my colleagues have discussed in the right to choose their obstetrician and spite the opinion of the doctor and the past—the need for us to debate totally gynecologist who is often their pri- neurologist that this was the only way and openly the Patients’ Bill of Rights. mary care physician? this patient could recover. It is an issue of great concern to the These are all important issues. I Another example: A mother called people of my State. Everywhere I go— know there are Members on the other her HMO at 3:30 a.m. to report that her urban, rural, suburban—people are ask- side who talk about freedom of choice. 6-month-old boy had a fever of 104 de- ing: What is happening to the Patients’ People talk about costs. I don’t agree grees and was panting and was limp. Bill of Rights? with those arguments, but I would cer- The hotline nurse told the woman to This is an issue many of us have dis- tainly like to debate them in this dis- take her child to the HMO’s network cussed. I know this body debated it for tinguished Chamber. hospital 42 miles away, passing several a little while last year, but, unfortu- I ran, as I know you did, Mr. Presi- closer hospitals. By the time the baby nately, things were left unresolved. It dent, and many others, for the Senate reached the hospital, he was in cardiac has not been left unresolved for the from the House because I thought that arrest and had already suffered severe millions of Americans who are now we would have the opportunity to de- damage to his limbs. As a result, both having their medical policies dictated, bate the great issues. There was cer- his hands and legs had to be ampu- not by their doctor, not by their nurse, tainly no guarantee that we would win. tated. The court found the HMO at not by their family, but rather by some There was certainly no guarantee that fault. The family received a large fi- unknown bureaucrat who has no med- my beliefs would prevail. But I thought nancial settlement. As sure as we are ical education but is simply part of an there was something of a guarantee— here, that family would give back HMO. that the wide open debate the Senate every nickel and pay more for that not When you go to hospital after hos- has been known for for over 200 years to have happened. pital throughout the State of New would be guaranteed even to somebody These are not isolated examples. York and sit with doctors, you see the who sits way over in this corner of the There are so many that it is hard to go frustration in their eyes as they tell Chamber, which means you are a fresh- through our jobs as Senators of the 50

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13929 States without hearing when you go to Last week, I announced on the floor legislation. I think it is relevant to a town hall meeting, or when you go to that from time to time I will point out what is happening on the Senate floor. a veterans hall, or when you go to a the role of special interest money in Why should Americans care? While chamber of commerce meeting that our legislative process. I call it the 800- many Americans rightly worry about somebody makes their complaint about pound gorilla sitting in this Chamber the quality of their health care, I be- this issue. every day that nobody talks about, but lieve the quantity of campaign con- These examples need answers. I be- that cannot be ignored. I said I will tributions that may affect that care lieve the answers in this bill, the Pa- start calling attention to this gorilla should also be of serious concern. The tients’ Bill of Rights, are the right an- more often through an effort that I huge quantity of campaign contribu- swers. I may be dissuaded from all or have dubbed, ‘‘The Calling of the Bank- tions influences the very terms of the parts of that answer by my colleagues. roll,’’ where I discuss how much money health care debate itself, how health If we don’t debate the issues, we are different interests lobbying a par- care is discussed, and whether some never going to be able to determine ticular bill have made in campaign health care issues are even discussed at that. If we don’t debate the issues, we contributions in order to influence our all. are not going to be able to move for- work in this Chamber. Wouldn’t it be better if the public ward on a Patients’ Bill of Rights. I can’t think of a better issue than could have confidence that we are de- If we continue in a pro forma fash- managed care and the future of man- ciding crucial issues such as the rights ion—we vote our bill; the other side aged care to once again call the bank- of Americans covered by managed care, votes their bill; then the issue is for- roll. without the shadow cast by campaign gotten because we know the bill on the Let me give four quick examples. contributions, without the 800-pound other side will not become law—we are One, the managed care industry: What gorilla sitting here on the floor? not helping our constituency. does it want? The managed care indus- I thank my colleagues for the oppor- The bottom line is simple: I believe try wants to prevent any further regu- tunity to call the bankroll on this strongly we need the Patients’ Bill of lation of the industry, and it doesn’t issue. Information about campaign Rights or something close to it. My want to be held liable when adminis- contributions should be easily avail- colleagues and I want to debate. We trative decisions and policies affect the able to my colleagues and to the public want the opportunity to debate these health, or even the very lives, of pa- to clearly demonstrate the connection issues. If the other side changes our tients. between what the wealthy interests mind, so be it; if we change their mind, What did managed care give? During want in Washington and what the aver- great. the last election cycle, managed care age American gets on Main Street. Without debate, we will have no companies and their groups made more It is time to debate, amend, and come progress, and we will continue to hear than $3.4 million in soft money, PAC to conclusion on a Patients’ Bill of the stories we are hearing, much to the and individual contributions. This is Rights. These are health care issues detriment of the health care of the roughly double what they spent during with real consequences for ordinary American people. the last mid-term election cycle of Americans at the doctor’s office, the The PRESIDING OFFICER. The Sen- 1993–1994. Their contributions keep in- pharmacy, the emergency room, and ator from Wisconsin. creasing. the admitting desk. Mr. FEINGOLD. I thank my col- A second example is the pharma- We have to ask: When your critically leagues for their efforts on the floor to ceutical industry. What do they want? ill child needs to see a specialist, do highlight the Patients’ Bill of Rights, a They have a big interest in the kind of you want to think that laws affecting bill to empower people around the drugs managed care patients have ac- decisions on care are influenced by country who rely on HMOs and other cess to. campaign contributions or have been managed care programs for their What did they give? Behind their made based on a thoughtful, reasoned health care needs. I join them today in point of view is the weight of at least debate. enthusiastic support for badly needed $10.6 million in PAC and soft money I think the American people deserve legislation that will expand protections contributions. That is how much the better than this. Until we have cam- for patients who are at the mercy of pharmaceutical and medical supplies paign finance reform, our debate on managed care practices. industries gave during 1997 and 1998. crucial issues such as health care is I strongly support the principles of A third example: The doctors, the going to be carried out under the shad- improving access, quality, and ac- AMA, what do they want? Of course, ow of these huge amounts of money countability in the delivery of man- doctors have an interest in seeing man- and the influence that so many Ameri- aged care. I believe we can achieve val- aged care reform. They want to elimi- cans are convinced they wield. uable patient protections by passing a nate restrictions on doctor-patient I yield the floor. bill that ensures some commonsense communication. More broadly, they The PRESIDING OFFICER. The Sen- protections, access to emergency care, want to prevent managed care compa- ator from Illinois. access to specialists, and a strong in- nies from exerting further control over Mr. DURBIN. Mr. President, I ask ternal as well as external appeals proc- the way they practice medicine. unanimous consent to be recognized in ess. What did they give? The AMA made morning business. We need to keep medical decisions in significant PAC and soft money dona- The PRESIDING OFFICER. Without the hands of doctors. We have to ensure tions during the last election cycle, objection, it is so ordered. that managed care entities are held le- more than $2.4 million worth. Mr. DURBIN. I thank the Senator gally accountable for administrative A fourth example: Organized labor, from Wisconsin, the Senator from New decisions that affect patient care and what does it want? It is a strong sup- York, and so many others who have well-being. Protections are extremely porter of the Patients’ Bill of Rights. come to the floor this morning and important to restoring a sense of secu- Unions are also major campaign con- early this afternoon to talk about the rity and control to managed care en- tributors. Patients’ Bill of Rights. For those who rollees and their doctors. What did they give? The AFL-CIO may not be familiar with the term, it The protections in this bill are being alone gave parties and candidates close is an effort to pass into law protections debated on the Senate floor, but they to $2 million in 1997 and 1998. for individual Americans and their are also being lobbied furiously in the I am sure there are other interests families when they have to deal with halls of Congress. Some of the most that should be included on this list. I an insurance company. powerful and influential interest urge my colleagues to come to the The Rand Corporation tells us that groups in this country have a huge floor and add to this list so there will 115 million Americans have had a bad stake in seeing this bill fail, while oth- be as full a picture as possible of the experience with a health insurance ers want it to succeed. money behind and against this piece of company, or they know someone who

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13930 CONGRESSIONAL RECORD—SENATE June 23, 1999 has—perhaps someone in their family. your OB/GYN, whom you are confident ership does not want to face a debate Those bad experiences run the gamut in dealing with, you have that right. and does not want to face tough votes, of being denied access to the doctor Fourth, if the insurance company votes that may be hard to explain back you want to go to, being denied access makes a bad decision—if the insurance home. to a specialist in a case where you company denies you care, overrules I have quoted him before and he is think one is necessary, or medically your doctor, sends you home—you have worthy of another quote, a former Con- necessary in the view of another doc- a right to hold that insurance company gressman from Oklahoma named Mike tor, being unable to go to the emer- accountable. Synar, who used to say to squeamish gency room closest to your home be- Let me be honest about what that Congressmen when a tough vote was cause your policy said no, you have to means. It means the possibility the in- coming: If you don’t want to fight go across town or perhaps to another surance company might have to go to fires, don’t be a fireman. If you don’t location for the emergency room in an- court. The Republican side of the aisle want to cast tough votes, don’t run for other hospital, dealing with a doctor just says, oh, you are not for health Congress. who may not be able, under the terms care; you are for more litigation; you That is what we are here for, to do of his contract, to even tell you what is want more people in court. the best we can, debate this, and come best for you medically, having doctors No. But I can tell you, every Amer- up with a law that is good for America. who are losing out in the debate with ican, every American company, is sub- Maybe we should bring in some of the bureaucrats at health insurance com- ject to that same rule except health in- better provisions from the Republican panies. surance companies. They have an ex- side, some of the better provisions from One doctor in Joliet, IL, frustrated ception in the law. You cannot sue the Democrat side, and put forth a bill with the voice on the other end of the them for anything more than the cost that will help the families in this coun- telephone at the insurance company of the procedure. try. But we have been stopped in our who kept saying no, no, no, every time This Senator and everyone in the gal- tracks. The leadership on the Repub- this doctor told the insurance company lery and all listening will be held ac- lican side refused to give us that oppor- what the insured patient needed, fi- countable for their actions. If I did tunity. nally said to this voice: Wait a minute, something so foolish as to drink and We tried yesterday, incidentally. We are you a doctor? drive and hurt someone, I would be had an effort to amend the agriculture And the voice said: No. hauled into court. I should be. That is appropriations bill. You say, What does Well, are you a nurse? something you expect in America. If that have to do with health care? Well, No. you ask businessmen, they say: Yes, if people who live in rural areas are con- Are you a college graduate? we sell a product that is defective and cerned about health care, but it was an Well, no. we hurt someone, we are going to be available bill on which to try to bring Are you a high school graduate? held accountable. But health insurance Yes. up this issue. When we tried, we were What gives you the authority in this companies are not held accountable. stopped again. A vote to table that ef- insurance company to overrule my They make life-and-death decisions, fort, to stop the debate, to stop the medical decision? and the Republicans in their so-called amendments prevailed. She said: I go by the rules—the rules Patients’ Bill of Rights do not want I have here a story, which I am sorry of the insurance company. them to be held accountable. They I will not have time to tell you, about Rules, frankly, that are driven not so think insurance companies should be Michael Cahill who lives in my home much by the need for quality care but above the law, the only businesses in State, in Chicago, IL. It is a long, sad by the bottom line. America above the law. I don’t think story. Michael had dizzy spells and The health care system in this coun- that is right. went to a doctor who thought it might try is in a state of crisis. The question The provisions in the Republican have been an inner ear problem. He was is whether this body, the Senate, which version, as opposed to the Democratic sent back and forth. Finally, he was re- is supposed to be the most deliberative version, leave 115 million Americans ferred to a neurologist who performed a body in American politics, will even behind. Who is involved in that? If you CAT scan, and 3 years after the symp- consider the issue. We are now tied up happen to be a farmer—and I come toms began, they determined he had in knots over whether we can debate from an agricultural State, Illinois— multiple sclerosis, and then the insur- this issue. Isn’t it ironic. The argument you are not going to get a protection ance company said: You have to go made by the Republican side is, we do from the Republican version of the bill, back to the original doctor who did not not have time to debate this issue. only the Democratic version. If you diagnose it properly. Time? It is 1:30 in the afternoon. We happen to be a small businessperson, He went through a period—this goes spent the entire morning talking about self-employed, you have no protection on for pages—of fighting his insurance this issue. Why don’t we spend this in the Republican bill. There is protec- company. This is a man who comes to time actually debating the issue? Let tion in the Democratic bill. State and realize in his adult life that he has a the Republicans put their best plan for- local employee? Same story. serious medical illness, one he worries ward, let us put our plan forward, and Why would we do that? Why would about. He worries about its effect on let’s vote. That is what this body is we write a law saying we respect the him and his family and his future. In- supposed to be about—not ducking and rights of individual Americans in deal- stead of just fighting the illness, he is weaving and avoiding the issue but facing with their health insurance com- fighting the insurance company at the ing it. That is what it is about. pany—unless they happen to be small same time. I stand by the Democratic Patients’ businesses, unless they happen to be I wish this were an isolated story. It, Bill of Rights. I think our approach is farmers, unless they happen to be the unfortunately, is a story that has been a better approach. It includes a lot of local policemen we rely on for safety in repeated time and again. It is a story provisions that, frankly, just make our community? This is worthy of a de- which reflects the reality most Ameri- sense to most people. bate. cans now face when it comes to health First, doctors should make medical I think the Republicans would want insurance. decisions, not insurance company bu- to stand up and defend their point of We only have a limited time left this reaucrats. view and let us defend our point of week and next before we break for the Second, if you need a specialist and view. Then vote. But that is not what Fourth of July. I am sure there will be your doctor says that is the best thing has happened. For 2 weeks we have many important issues we will con- for you or your baby, you have access talked about debating. For 2 weeks we sider. But I will bet if I went back to to that specialist. have been here day after day asking for Chicago or any part of Illinois, my Third, if you are a woman and believe recognition on the floor to talk about hometown of Springfield, and started your primary care physician should be this issue, because the Republican lead- asking people: What really concerns

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13931 you? What could we do on Capitol Hill I can tell you if I am on a gurney in I hope we have another chance in this that might have an impact on your a hospital needing medical care and I session. I hope we have a chance to ad- life?—if I brought up the issue of look up into the eyes of that doctor, I dress not only gun control but the Pa- health insurance, my guess is a lot of want to see the best and the brightest. tients’ Bill of Rights, an improvement those people would say, Can you do I will be praying that doctor was top of in the minimum wage in this country, something about this? Are your hands the class, the No. 1 graduate. I do not and doing something about the future tied? Can the Senate really act on it? want someone who thought about this of Medicare—these things I believe are The answer is, we can do a lot. There as a second option in their life, if they the reason we are here. It is the agenda was a press conference this morning by ever could. with which most American families the women Senators who came forward I am afraid if this debate does not can identify—doing something about and talked about some of the terrible take place, if health insurance does not our schools to improve education. In- things that have occurred in the treat- change, we could jeopardize the possi- stead we seem to be caught up in a lot ment of women receiving these so- bility of having the kind of men and of other issues that are at best only called drive-by mastectomies, where women we want going to medical secondary. It is time to move to the women literally have mastectomies school and certainly jeopardize our primary agenda and the primary agen- and, under the insurance policies, can- ability, as individuals and members of da is the Patients’ Bill of Rights and not stay in the hospital overnight. A families, to have health insurance and that is what this Senate should be con- lot of State legislatures are changing health care that we really can count sidering. the law in their States, but federally on. I thank the Chair for the opportunity this should be a standard we all agree When Americans are asked across the to speak in morning business. I hope to, that people can stay in the hospital board about their concerns, what they that as I end my remarks and we go long enough for a good recovery. would like to see us work on, they tell into a quorum call, which is really a Clinical trials are another real con- us over and over: Take the decisions time out in the Senate, that all those cern. Clinical trials are opportunities out of the hands of the health insur- who watch this quorum call will ask for medical researchers to come up ance companies and give them back to the same question: Why then, during with new cures. But, of course, they are the doctors and medical professionals. that moment in time, isn’t the Senate not the most cost-efficient things. It That is what this debate should be even talking about or debating the Pa- takes extra time to try to find the pa- about. This empty Chamber should be tients’ Bill of Rights? Why isn’t that tients who are appropriate for the test, filled with 100 Senators, Democrats and bill on the floor? Why aren’t the Sen- get their permission, go through the Republicans, debating this most impor- ators of both parties offering their best testing and procedure, and a lot of tant issue. Instead it is empty. We give suggestions on how to improve health health insurance companies say: We these speeches calling for the issue to insurance in America? cannot be bothered by that. It is the come before the Senate, and we are Sadly, that has not happened. I hope bottom line. The longer they stay in told by the other side we cannot; it it happens soon, and the sooner the the hospital, the worse for us. would take too much time. And the But think about it. How can we ex- clock continues to tick. better. I yield the floor. pect to develop the cures we need in We have the time. The question is Mr. KENNEDY addressed the Chair. this country, the important things that whether or not we can summon the The PRESIDING OFFICER (Mr. challenge us and our families, if we do courage to address an issue which, VOINOVICH). The Senator from Massa- not have that? So we want to make frankly, is controversial. On one side, chusetts. certain clinical trials can still go on as the Democratic Patients’ Bill of Rights Mr. KENNEDY. I understand we are a result of health care in this country. has some 200 different organizations in morning business until the hour of 2 Let me return for a moment to one of endorsing it. Doctors and hospitals, o’clock. the basic frustrations that seems to at- consumer groups, children advocacy The PRESIDING OFFICER. The Sen- tack the medical profession. I spoke to groups, labor, business—all endorsing ator is correct. the Illinois State Medical Society a the Democratic plan. On the Repub- Mr. KENNEDY. Is there a limitation few weeks ago. It was an amazing expe- lican side, their plan is endorsed by of 5 minutes or 10 minutes? rience, because as they started to ask only one group, but it is a big one—the The PRESIDING OFFICER. There is questions afterwards, a lot of the ques- insurance companies. They do not want no limitation. tions circled around the question to see this changed. They are making a Mr. KENNEDY. Mr. President, I yield whether or not, as doctors, they could lot of money. myself such time as I may use. form a union. You know, there was a It goes beyond money. It goes to a f time if you said the word ‘‘union’’ in question of quality of life for America’s PATIENTS’ BILL OF RIGHTS the presence of doctors, they would families. We had a similar debate just say: Wait a minute, we have nothing to a few weeks ago, a debate that really Mr. KENNEDY. Mr. President, I join do with that; that’s some other group followed the tragedy in Littleton, CO, with my friend from Illinois and others of people. when families across America and indi- who have spoken before the Senate on Why are doctors talking about form- viduals stopped to ponder whether or the issue of the Patients’ Bill of ing unions or associations now? Be- not it was safe to send their kids to Rights, which, translated into lay- cause they have to have the power to school anymore. It wasn’t just Little- man’s terms, means legislation that bargain with the health insurance com- ton, CO. It was Conyers, GA; West Pa- will give assurance to all Americans panies. Otherwise, they are being treat- ducah, KY; Pearl, MS; Springfield, OR; who are fortunate enough to have ed as employees and denied their pro- Jonesboro, AR; and maybe your home- health insurance policies that medical fessional rights, rights which they have town is next. decisions are being made by trained earned with their education and their Finally, after a week of pointless de- professional medical personnel and not licensure. bate, we came down to a sensible gun by insurance company agents. It is an indication, too, of a concern control bill that was enacted only That is the underlying concept of I have that unless we change the way when Vice President GORE cast the de- this legislation, as has been pointed health care is managed in this country, ciding vote. Six Republicans and 44 out during the course of the morning fewer and fewer women and men will go Democrats voted for this bipartisan with the examples that have been to medical school. They will opt out of plan. It was sent to the House of Rep- given, and there are scores more. If we the opportunity of being health insur- resentatives and, unfortunately, there get the chance during the debate on ance company employees or servants the National Rifle Association pre- the provisions, hopefully later in the and try something else. That is some- vailed. The bill was basically defeated, afternoon, we will be able to review the thing that is not good for America if it and the opportunity for sensible gun various protections that we are at- occurs. control was lost. tempting to achieve and why they are

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13932 CONGRESSIONAL RECORD—SENATE June 23, 1999 important to the children and families health practitioners in this country— bill up. We did not hear one. So maybe of this country. the doctors, the American Medical As- there is an argument on the other side Under the Republican program, there sociation, the nurses, the various spe- that we haven’t heard yet. A woman is a guarantee of getting direct access cialists. They are concerned that the who is going to have a mastectomy to a pediatrician for a child, but if that Republican proposal does not provide a ought to be under the care of the doc- child has cancer, there is no guarantee good standard to protect the health tor, and the doctor and the patient the child will see a pediatric and safety of children, of women, of pa- ought to decide whether that person oncologist. Or if one has a disability, tients in our country. can leave the hospital that day or there is no guarantee that person will We ought to be able to debate that ought to be there 1 or 2 or 3 more days. have access to the needed specialists. issue. It is a very important issue. Sen- Leave it up to the doctors and their The guarantee they will have the best ator FEINSTEIN has spoken eloquently recommendations. That is not per- care available is important to patients, about that particular problem. But we mitted under the majority’s bill. and there is no country which has bet- cannot. We are virtually prohibited We heard a great deal of talk about ter quality health care. from being able to do so. We cannot that. That is not in the bill that is the We have a challenge nationwide re- even get this measure up. We were told Republican proposal. The specific garding access to health care, and we yesterday to either take the whole amendment that the Senator talked have a challenge nationwide in terms package or we were not going to get about on the Senate floor would be an of the cost of health care, particularly anything at all. That has been repeated amendment that we ought to be able to in a number of different areas. One time in and time out. There appears to debate. We ought to be able to debate that comes to mind now is the issue of be the continuation of that policy now why it is not in the Republican bill prescription drugs. We are going to by the Republican leadership—delay that will eventually, hopefully, be laid have an opportunity, hopefully in this and deny, delay and deny. down before the Senate. Congress, to address that issue. Then later we had the excellent There is not that protection for On the issue of what we call quality, statement that was made by our col- women in this country. There is not meaning that patients are going to get league and friend, Senator MIKULSKI, that protection that will permit the the best health coverage in terms of who was talking about the importance doctor to make a judgment about how recommendations made by the profes- of the kinds of protections that are long it will be medically necessary to sionals who have been trained and who guaranteed in our Patients’ Bill of keep that woman in the hospital if she have a wealth of experience in this Rights, particularly with regard to has a mastectomy. That protection is area, we are trying to make sure that women and children. not there. It was defeated when it was every medical decision will be based She very eloquently pointed out how offered. Let’s have a brief debate on that upon sound and meaningful medical these gatekeepers who are part of these issue, and let’s have the call of the roll. teaching and experience. HMOs—the gatekeeper being the per- That is the heart of this legislation. Why is it we are being denied that son who ultimately dictates to the doc- It is very important we get this kind of today? Why is it we are being fore- tor what they can effectively prescribe protection. Otherwise, we will continue closed from that kind of an oppor- in terms of treatment and in terms of to have today, tomorrow, and the day tunity? Why is it we cannot have the medicines—makes those medical judg- after tomorrow the tragic cir- kind of debate in relation to the excel- ments and decisions. That is what is cumstances we have experienced and lent presentation that the Senator happening out there; and that is star- are being experienced in communities from California, Senator FEINSTEIN, and towns all over this country. tling. made, the excellent presentation that People can say, well, that really isn’t Earlier in the day, we had some im- the Senator from Maryland, Senator happening in America. It is happening. portant statements and speeches by MIKULSKI, made on two different kinds We have given examples of the dev- our colleagues. Senator FEINSTEIN of phases? talked about a provision making sure astating results that occur as a result Yesterday we talked with our Demo- every health insurance proposal has as of that kind of interference. She illus- cratic leader, Senator DASCHLE, about its basis of treatment the best in terms trated the importance of having those the importance of clinical trials and of medical necessity. The best that is kinds of specialists who are particu- the necessary aspects of increasing the available will be the standard used in larly trained and understand the par- clinical trials. Historically, the insur- providing treatment for individuals. ticular needs of women and children. ance companies of this country have I took some time earlier today and il- She talked from her own personal ex- basically supported clinical trials. lustrated how different health insur- perience in a very significant and im- There is a very good reason why they ance programs have different defini- portant way about how she had a gall- should, because—besides the medical tions. Sometimes a definition works to bladder operation and was able to stay reason that it is important for the pa- the advantage of the HMO and works in the hospital in order to recover. But tient—if the person gets better they to the advantage of the insurance com- if a woman had a mastectomy—and she will not need as many services, and pany but to the disadvantage of the in- used the word ‘‘amputation’’ because that means the insurance company will dividual. Such a definition can even she said that is what a mastectomy is pay out less in the long run. That is threaten the life of that individual. she would still be required to leave the something that should be a financial It may be favorable to the HMO re- hospital that same day. She reminded incentive for the insurance companies; garding its bottom line financially, but us about the unsuccessful efforts we and it is. it certainly is not favorable to the pa- made in the committee to try to alter Let me repeat that. While clinical tient. We ought to be about the busi- and close that gap in the Republican trials make sense in terms of the treat- ness of doing what is important for the bill. It makes no sense how those ef- ment for the patient, they make sense patient. forts were defeated. for the insurance companies, too. But Senator FEINSTEIN has talked about It seems to me we ought to be able to what we are seeing, under the health this issue very eloquently and persua- have some debate. I do not think that maintenance organizations, is the sively today. That certainly would be issue would take a long period of time. gradual squeeze and decline in terms of an area that we ought to be able to de- I thought that Senator MIKULSKI, in the insurance companies’ payments for bate and discuss. I do not believe we about an 8- or 10-minute presentation, routine health needs of the particular have that kind of standard with the made a presentation that was powerful patients. language which is included in the pro- and convincing and compelling. Under our proposal, they would only vision being advanced by our Repub- Maybe there is a good argument on pay for routine costs, as they have his- lican friends. the other side. We certainly have not torically. The research regime pays for It is not only my opinion that this is heard it yet. We never heard it in the the special kinds of attention, treat- important, but it is the opinion of the committee when we were marking this ment, and tests that are necessary in

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13933 order to review whether that particular Mr. NICKLES. Mr. President, I am That is something that everyone ex- pharmaceutical drug or other therapy happy to respond. Our colleagues from pects, that everyone is accustomed to is useful or not. That is not paid for by California may want to join our bill; in this Nation, and I believe that is the the insurance companies. So they only we have doctors make the decisions. To way medicine should, in fact, be prac- have to pay for the routine health answer the Senator’s question, we are ticed. I am very pleased to say the lan- needs—the costs that they would pay negotiating in good faith. We are get- guage of this amendment, from the for even in the absence of a clinical ting closer, I believe, to coming to an larger Patients’ Bill of Rights (S. 6) is trial. The regime, the testing group or agreement that would have consider- supported by some 200 organizations all organization or pharmaceutical com- ation of the Patients’ Bill of Rights be across the United States, including the pany that is having that clinical trial, the pending business when we return American Academy of Emergency Med- pays for the rest. from the Fourth of July break. Hope- icine; the American Academy of Neu- But what we are seeing is virtually fully, we will have that resolved in the rology; American Academy of Pediat- the beginning of the collapse of clinical not-too-distant future. rics; American Association of Univer- research taking place. I will just make Mrs. BOXER. I thank the Senator. sity Women; American Cancer Society; a final point on this issue. The group The PRESIDING OFFICER. Without American College of Physicians; Amer- that has had the greatest amount of objection, it is so ordered. ican Heart Association; American Lung clinical research done on them in this Mrs. FEINSTEIN addressed the Association, and the American Medical country has been children. The great- Chair. Association, which is the largest asso- est progress that has been made in the The PRESIDING OFFICER. The Sen- ciation of practicing physicians in the battle for cancer has been—where?— ator from California, Mrs. FEINSTEIN, is country. with children. recognized. Then there is the American Psycho- Most of the clinical researchers who f logical Association; the American Pub- lic Health Association; the American have reviewed this whole question of PATIENTS’ BILL OF RIGHTS our efforts on cancer would make the Society of Clinical Oncology; virtually case that one of the principal reasons Mrs. FEINSTEIN. Mr. President, I every breast cancer organization; the that we have made the greatest am on the floor because I anticipated Consumer Federation of America; the progress in the war on cancer in chil- that at 2 o’clock we would be returning Epilepsy Foundation; the Leukemia dren, in extending their lives and im- to the agriculture appropriations bill. I Society; the National Alliance of proving their human condition, is be- indicated this morning that I would be Breast Cancer Organizations; the Na- cause of these clinical trials. proposing an amendment to that bill tional Association of Children’s Hos- We want to continue to encourage that has to do with giving the physi- pitals; the National Association of Peo- participation in clinical trials. They cian the right to provide medically ple with AIDS; the National Council of offer hope for the future. If the doctor necessary services in a setting which Senior Citizens; the National Black says this is what is necessary for the that physician believes is best for the Women’s Health Project; the National life and the health of a woman who has patient. I now see that this has been Breast Cancer Coalition; the Older cancer, that this is the one way she postponed an hour, so I would like to Women’s League; the Paralyzed Vet- may be able to save her life, and there speak to the amendment now and then erans of America—on and on and on. is a clinical trial available, we want to introduce it at 3 o’clock. I hope there This is a widely accepted amendment that virtually has the support of every be able to say she ought to be able to will be no objection to that. professional and patient organization go there. The opposition says: Let’s Let me begin by saying, once again, that deals with health care anywhere study it. I say: Let’s vote on it. what this amendment does. Essen- I yield the floor. tially, the amendment says that a in the United States. Mr. President, I suggest the absence group health plan or a health insurance Let me read a statement from the of a quorum. issuer, in connection with health insur- American College of Surgeons, cer- The PRESIDING OFFICER. The ance coverage, may not arbitrarily tainly the most prestigious body for clerk will call the roll. interfere with or alter the decision of surgeons, and one to which my hus- The assistant legislative clerk pro- the treating physician regarding the band, Bert Feinstein, belonged: ceeded to call the roll. manner or the setting in which par- We believe very strongly that any health Mr. NICKLES. Mr. President, I ask ticular services are delivered if the care system or plan that removes the sur- unanimous consent that the order for services are medically necessary or ap- geon and patient from the medical decision- making process only undermines the quality the quorum call be rescinded. propriate for treatment or diagnosis, to of that patient’s care and his or her health The PRESIDING OFFICER (Mr. the extent that such treatment or diag- and well-being. GREGG). Without objection, it is so or- nosis is otherwise a covered benefit. Similarly, the American Medical Associa- dered. I read that specific language because tion has said, ‘‘Medical decisions should be f it is important to understand that be- made by patients and their physicians, rath- cause most people buying a health in- er than by insurers or legislators.’’ EXTENSION OF MORNING surance plan believe that their doctor I have worked on this now for 3 BUSINESS is, in fact, going to be prescribing the years. In the last Congress, I intro- Mr. NICKLES. Mr. President, I ask treatment that is best for them, not duced legislation to allow doctors to unanimous consent to extend morning the treatment that is the least cost ef- decide when to discharge a woman business until 3 o’clock, with the time fective, not the treatment that might from the hospital after a mastectomy. equally divided. run a risk to the patient but be good I did this with Senator D’Amato in the The PRESIDING OFFICER. Is there for somebody else, but the treatment last Congress and with Senator SNOWE objection? or the procedure, in an appropriate set- in this Congress. And I introduced a Mrs. BOXER. Reserving the right to ting, that is right for that patient. bill that would allow doctors to decide object. I have a question and I shall not What is right for a patient who is 18 when to discharge a person from the object. Can our friend tell us if there is years old may not be right for a pa- hospital after any procedure or treat- any progress being made on getting the tient who is 75 years old, and so on. I ment, with Senators D’Amato and Patients’ Bill of Rights to the floor so will read from the legislation the defi- SNOWE. the good Senator from California, Sen- nition of ‘‘medical necessity’’ or ‘‘ap- Why do we need these bills? Senator ator FEINSTEIN, can offer an amend- propriateness’’: MIKULSKI from Maryland this morning ment to assure that doctors make the The term ‘‘medical necessity’’ or ‘‘appro- made a very impassioned case about decisions when people are sick and not priate’’ means, ‘‘with respect to a service or mastectomies. And we learned in 1997 a bureaucrat? Is there any chance we a benefit, a service or benefit which is con- that women were being pushed out of might have that on the floor this after- sistent with generally accepted principles of the hospital on the same day after a noon? professional medical practice.’’ mastectomy.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13934 CONGRESSIONAL RECORD—SENATE June 23, 1999 I was amazed to hear from a woman are likely to result in demonstrable My only response was: I am here be- named Nancy Couchot of Newark, CA, medical benefit,’’ and here is the point, cause I am currently having a blood who wrote me in 1997 that she had a ‘‘and which are the least costly of al- transfusion. modified radical mastectomy at 11:30 ternative supplies or levels of service.’’ A patient shouldn’t have to go in the morning and was released from It is not ‘‘and/or.’’ It is ‘‘and which through this. It happened to me. You the hospital by 4:30 that afternoon. She are the least costly.’’ can be sure it is happening all across could not walk to the bathroom with- So if you belong to that plan and this country. out help. She said in her letter: there is a drug that is the least costly, Doctor Robert Weinman told the San Any woman, under these circumstances, perhaps not as effective or perhaps not Jose Mercury News that a doctor pre- should be able to opt for overnight stay to good for you with your present condi- scribed a brain wave test for a con- receive professional help and strong pain re- tion, or because of your age, that is the vulsing epileptic child. The HMO lief. drug you are forced to take because the board—consisting of one accountant, Victoria Berck of Los Angeles wrote insurance plan says so, despite what the chief financial officer, and one doc- that she went in at 7:30 a.m. and was the doctor says. If there is a diagnostic tor—refused coverage, depriving the released at 2:30 p.m. with drains at- process that may be less effective than doctor of the necessary diagnostic in- tached to her body. She said, ‘‘No civ- an MRI, that MRI is very often prohib- formation. On June 14, just a couple of weeks ilized country in the world has a mas- ited for you. ago, a California nurse practitioner tectomy as an outpatient procedure.’’ What is happening out there? What is told my staff that insurance plans will It was a very large health care net- the problem? allow people with ulcers to take work in California that was doing these The problem is that doctors are find- Prilosec for only 4 to 6 weeks, even ‘‘drive-through’’ mastectomies on the ing insurance plans overriding their decisions, dictating their decisions, sec- though the gastroenterologists say same day. ond-guessing their decisions about that it is needed for a longer period. I believe ‘‘drive-through’’ Plans say patients can take Tagamet, mastectomies have been largely what is medically necessary. We aim in this amendment to give which is cheaper but not as effective stopped, but patients had to rise up, that basic right of medical practice for this particular condition. and patients had to say you can’t do back to the physician. This is what this amendment seeks this to me. You can’t push me out a In fact, today doctors all across this to avoid. few hours after an anesthetic with Nation will tell you that they spend The doctor should be able to pre- drains in my body, having had a radical hours hassling with insurance company scribe based on medical necessity what mastectomy and not being able to take accountants and adjusters to justify is appropriate to each patient—a hall- care of myself. medical necessity decisions —why a mark of good medical care. What if the woman is 75 instead of 25? person needs another day in a hospital, A California doctor told us about a It makes no sense. why a person needs an MRI, why a pa- patient who needed a total hip replace- We also learned that insurance plans tient needs a blood test, why a patient ment because her hip had failed. The were insisting one-night hospital stays should get this drug instead of that doctor said that patient should remain if you had a child. drug. in the hospital for 7 days. The plan We learned that babies—infants— Seventy percent of doctors across would only authorize 5 days. were going home with jaundice, and this great Nation say they are forced Let me quote once again from a Los they had to come back to the hospital to exaggerate a patient’s symptoms to Angeles physician. for treatment once, twice, or three make sure HMOs don’t discharge pa- Many doctors are demoralized. They feel times. There was a lot of ‘‘tsk-tsking.’’ like they have taken a beating in recent tients from hospitals prematurely. years. . .physicians train years to learn how What a terrible procedure. How could Is this the kind of medical care that they do this? Now it has changed be- to practice medicine. They work long hours we want to see HMOs press us toward practicing their field. Under this health care cause Congress acted, requiring a min- where a doctor has to lie, fabricate, or system, that training and hard work often imum of two days for childbirth, for a exaggerate the condition of the patient seem irrelevant. A bureaucrat dictates how normal delivery. What if you need 5 to be sure that patient gets what is doctors are allowed to treat parties. . . When days for care, or 6 days for care? medically appropriate for that par- I tell someone he is fit to leave the hospital The point is that it should be a deci- ticular patient? I truly think not. after an operation, I am often given an ac- sion made by the physician. It should Every patient is different. Every pa- cusing stare. Sometimes my patients even say: ‘‘Is that what you really think or are not be countermanded by someone un- tient brings to a situation his or her qualified to make that decision. you caving in to HMO pressure to cut corners own unique history and biology. Doc- on care?’’ A California neurologist told us tors should be able to use their best Medicine shouldn’t have to be prac- about a 7-year-old girl with an ear in- professional judgment in each indi- ticed this way in the United States of fection who went to the doctor with a vidual case based upon the needs or America. high fever which developed into pneu- condition of the patient. Over 80 percent of the people of my monia, and she was hospitalized. The Pneumonia in a 30-year-old patient is State are in some form of managed HMO insisted that she be sent home different from pneumonia in a 70-year- care. California has been a laboratory after 2 days. She ended up returning to old patient. Doctors know the dif- for managed care. Californians are the hospital three times, sicker each ference, and most of us do, too. speaking out on the issue. Over one time to the point where she developed A Maryland nurse said: I spend my half of Californians say that major meningitis. The doctor said that if she days watching the care in my unit be changes are needed in our health care had stayed in the hospital for 5 to 7 directed by faceless people from insur- system. Californians say they have to days the first time that she could have ance companies on the other end of the wait for care longer, they are rushed been given antibiotics, been monitored, phone. My hospital employs a full-time through appointments, they have to and would not have gotten meningitis. nurse whose entire job is to talk to in- navigate impersonal systems when What is the problem? surance reviewers. they are trying to get care. Let me read the definition of medical I myself in 1989 had to have a A survey of 900 doctors in California necessity in an insurance contract pro- hysterectomy. I was extraordinarily found that 7 out of 10 were dissatisfied vided to me by the American Medical anemic. As I was in the hospital for a with managed care organizations. In- Association. This is from the Aetna/ blood transfusion, the phone rang. I surance companies have invaded the U.S. Healthcare standard Texas con- picked up the phone. It was my insur- examining room, the emergency room, tract. I quote: ‘‘Health care services ance company. What they said to me and the hospital room. The ‘‘care’’ is that are appropriate and consistent is: Why are you still in the hospital? rapidly going out of health care. Get- with the diagnosis in accordance with You are supposed to be out of there by ting good health care should not be a accepted medical standards and which now. battle.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13935 I think everyone in this body under- Mr. REED. Mr. President, I take this is not covered in the contract’’ or it stands HMOs can be effective good, opportunity to talk about the Patients’ ‘‘doesn’t meet our definition of medical they can reduce costs in a medically Bill of Rights in one particular area. necessity.’’ I refer to the text provided acceptable way. And that is the key— That is the area of appeals, both inter- by my colleague from California where in a medically acceptable way, without nal appeals and external appeals. part of the definition of ‘‘medical ne- adversely impacting the patient. The Both versions of this legislation, cessity’’ included the low-cost alter- way to do this is not to countermand both the Republican proposal and the native in the provision of services. the physician, not to tell the physician Democratic proposal, purport to have All of this, in my view, is an invita- what drug he or she can or cannot give provisions for appeals of denial of serv- tion to endless argumentation about a patient based on the cost, not to tell ice to consumers of health care in legalisms at a time when people need a a physician he has to conduct a radical HMOs. Looking closely at the pro- prompt response to a health care crisis mastectomy at 7:30 in the morning, re- posals, we find that the Republican in their family. moving sometimes both of a woman’s process is significantly deficient. There is another deficiency with re- breasts and lymph nodes, and push her We will hear discussions about these spect to the external review provisions. out on the street with drains in her various proposals, but I will highlight a Under the Republican proposal, the chest and pain coursing through her couple of the areas which suggest the HMO actually picks the reviewing au- body. That isn’t good health care for deficiencies that are inherent in the thority. Now that just does not sound anyone. Republican proposal versus the Demo- fair. If it does not sound fair to us, it This is a simple amendment. It is cratic proposal. will certainly not sound fair to the supported by virtually over 200 health First, under the Republican plan, an families of America. organizations. internal review—one that is being con- Mrs. BOXER. Will the Senator yield Some might say why not wait until ducted by the HMO itself—that re- on that point? we work out an agreement so a Pa- viewer is restricted from looking at all Mr. REED. Certainly. tients’ Bill of Rights—whether it be the evidence in a case. Mrs. BOXER. Because the Senator Democrat or Republican—can come to For example, if a patient thought has made a point that is rather stun- the floor. I have waited for 3 years for they were not receiving appropriate ning to me. In other words, he is saying an opportunity to move this kind of care, they might go to another physi- that in the Republican proposal which legislation. We cannot wait any longer. cian outside of their network and ask purports to be a Patients’ Bill of Senator D’AMATO and I, 3 years ago, for an opinion. That type of informa- Rights, if a patient believes he or she held a press conference urging this tion cannot be used by the internal re- has not received the appropriate treat- kind of legislation. Senator SNOWE and viewer to make a judgment about the ment and there is an internal review— I, in this Congress, have introduced decision rendered by the HMO. This and let’s pass over that—and then similar legislation. narrowly restricted access to informa- there is an external review; in other The beauty of this amendment, that tion prejudices the review process words, people are coming in from the I want to bring before the Senate for a against the patient. It also leads to outside to take a look at whether or vote, is that it states very simply that something I think is evident today and not you should have had a different health insurance coverage may not ar- would be even more pronounced in the treatment for your cancer, let’s say, bitrarily interfere or alter the decision future, a growing cynicism that the the Senator is saying to me that under of the treating physician regarding the managed care companies simply want the Republican proposal, the very orga- manner or setting—hospital, emer- to protect the bottom line, not the nization that denied you a certain kind gency room, outpatient clinic, what- health of the patient. of treatment gets to pick the people ever it is—in which particular services I strongly suggest the internal re- who are going to decide if that HMO are delivered, if the services are medi- view process in the Republican legisla- was wrong? So if they pick their cally necessary or appropriate for tion is deficient since it will not allow, friends, naturally, what chance does treatment or diagnosis. essentially, a de novo review of the the patient have? I say to my friend, Every single patient in managed care case by the reviewing authority. this seems like a kangaroo court if I anywhere in the United States of The second weakness with respect to have ever heard of one. Does he not America will be better off the sooner the Republican proposal is with regard agree? this amendment becomes law. to external reviews. External reviews Mr. REED. I agree completely. The I believe to wait is wrong. I believe to are reviews which are conducted by an Senator is absolutely right. Both the wait will cost lives. I believe to wait outside party. Under the Republican perception of an unfair, unbalanced will increase morbidity. I believe to plan, a review could only be conducted procedure, and I would also argue the wait is unfair to the physicians who if there is a claim that some type of reality, ultimately, will be such that are trained, able, and ready to carry medical necessity has been violated, or you are not going to get a fair evalua- out their profession. the proposed treatment is experi- tion of your claim. I am hopeful I will have an oppor- mental—again, two very narrow I cannot conceive of a company—and tunity, in 25 minutes when the agricul- grounds. the HMOs are famous now for their tural appropriations bill is on the floor, A patient cannot have an external re- concern for the bottom line—that to offer this amendment which is view if the claim is about contractual would go out of its way to retain peo- broadly and widely supported all across rights. In the world of HMOs, it is so ple who are sensitive to the needs of the United States. Once and for all, the easy for the HMO to claim: This is not patients versus the needs of the com- physician and the patient will together really an issue of medical necessity. It pany and its bottom line. They will make the medical decisions—not a is not an issue even of innovative pick reviewing authorities who will in- green eyeshade somewhere in a remote treatment. This treatment is just not variably decide that this expensive pro- HMO office. covered under your plan. cedure, or this inexpensive procedure, I yield the floor. These contracts are pages and pages is not needed by a patient. The PRESIDING OFFICER. The Sen- of small print. When the average con- What you are doing also is creating a ator from Rhode Island. The Chair sumer or family tries to figure out degree of cynicism about the whole notes the Senator has 2 minutes 2 sec- what the contract says, they are no process of appeals. As a result, rather onds. match for the reviewing authorities than making a sound, objective, exter- Mr. REED. I ask unanimous consent and spokespeople for the HMOs. nal evaluation of the merits of the case to speak for 10 minutes as if in morn- As a result, there is a very real possi- with all the evidence and telling the ing business. bility an aggrieved party will never get patient, no, this is not necessary for The PRESIDING OFFICER. Without an external review. They will be buried you, or, yes, it is, a huge legal, bureau- objection, it is so ordered. in a barrage of verbiage indicating ‘‘it cratic labyrinth is created, at the end

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13936 CONGRESSIONAL RECORD—SENATE June 23, 1999 of which you find yourself facing some- How important, really, is specialty Mr. REED. Mr. President, I yield the body who basically works for the HMO. care access, I ask the Senator, as an floor. Mrs. BOXER. I wonder, in comparing expert on this issue for the treatment The PRESIDING OFFICER. The these two bills, if my friend has made of a child? Chair, acting in his capacity as a Sen- an analysis of the way the Democratic Mr. REED. The Senator is exactly ator from New Hampshire, notes the bill treats the appeals process? And can correct. The way the appeals process is absence of a quorum. The clerk will he tell us the difference here? drafted in the Republican legislation, a call the roll. Mr. REED. The Democratic legisla- child who has a serious cancer might The legislative assistant proceeded tion tries to create, and I think suc- be offered the services of an oncologist to call the roll. ceeds in creating, a situation where for adults. In the view of the plan, that Mrs. MURRAY. Mr. President, I ask there is an external review where a would be adequate, sufficient for the unanimous consent that the order for party who is not beholden to the HMO, purposes of the medical necessity. As a the quorum call be rescinded. an individual reviewing authority out- result, the parents of the child, who The PRESIDING OFFICER. The side of the company will review exter- want access to a pediatric oncologist, Chair, in his capacity as a Senator nal appeals. It would be truly inde- may not even get the chance to even from the State of New Hampshire, ob- pendent and there would not be a con- protest internally, externally, or in jects. The clerk will continue to call flict of interest, and that, I believe, is any way. the roll. the appropriate way to proceed. That is wrong. Frankly, I have been The legislative clerk continued with By creating an independent external trying to learn as much as I can about the call of the roll. review procedure, it will, No. 1, pediatric specialties. I, like so many Mr. NICKLES. Mr. President, I ask strengthen the confidence of consumers people, once thought an oncologist is unanimous consent that the order for that they are getting a fair shake and, an oncologist is an oncologist like a the quorum call be rescinded. No. 2, it will lead to better judgments rose is a rose is a rose. It turns out pe- The PRESIDING OFFICER. Without about the type of health care that diatric oncology is a very specialized objection, it is so ordered. should be necessary. part of medicine. f Mr. KENNEDY. Will the Senator I was talking to a specialist recently EXTENSION OF MORNING yield? who pointed out the case of a young BUSINESS Mr. REED. I am happy to yield to the child who was discovered with a par- Senator from Massachusetts. ticular type of cancer and was treated Mr. NICKLES. Mr. President, for the Mr. KENNEDY. If I understand the by an adult’s oncologist using what is information of all colleagues, we are Republican proposal, if you had a child, standard procedure for an adult. In still in the process of negotiating a for example, with cancer, and you had fact, using the adult procedure pro- time agreement on proceeding. We are a pediatrician, but what you needed duced additional problems for the child not quite there. We are getting closer. Mr. President, I ask unanimous con- was an oncologist for that child, one and only further complicated the situa- sent that morning business be extended who is a specialist in pediatrics, and tion. As a result, the child has to have for 30 minutes to be equally divided. the HMO denied you that, and you bean additional regime of chemotherapy. The PRESIDING OFFICER. Is there lieved this was enormously important All of this could have been avoided, of objection? for the treatment for the child, under course, had that child seen a pediatric Mrs. FEINSTEIN. Mr. President, re- the Republican proposal you have no oncologist immediately. serving the right to object. right to appeal that particular deci- The provisions in this legislation do The PRESIDING OFFICER. The Sen- sion. I understand that the right to an not give a fair chance to appeal a de- ator from California. independent appeal applies only to cer- nial of access to a specialist like the Mrs. FEINSTEIN. Mr. President, I tain decisions, and a denial of access to case I have just outlined. They do not say to the distinguished whip, I have a specialist is not one of them. I be- give Americans, but particularly chil- been here for a long time hoping to lieve I am correct. dren, a fair chance to get good health offer an amendment to the agriculture We heard our wonderful friend, Dr. care. That is what we want to do and appropriations bill. FRIST, yesterday talk about how any should do. Can you give me any time when that child who had cancer would be guaran- Mr. KENNEDY. Will the Senator bill might be coming to the floor? teed a specialist and everybody said: yield just for another moment? It is Mr. NICKLES. I will be happy to re- Doesn’t that do the trick? No. now approaching 3 o’clock. To the best spond. We know you need not just a pedia- of my recollection, the good Senator It is our intention that the ag bill trician, but as the Senator from Rhode from California, Senator FEINSTEIN, will not be the vehicle for the Patients’ Island knows—as one who has been a has been here since 10 o’clock this Bill of Rights or any amendments re- leader in the Senate on children’s morning, prepared to go ahead and in- lated to it. The unanimous consent re- issues regarding access, and has intro- troduce her amendment and has still quest we are proposing or negotiating duced special legislation on this—that not been able to do it. There has been would bring up the Patients’ Bill of child needs a pediatric oncologist. That an extension of the time limits, evi- Rights when we return from the Fourth kind of specialist is absolutely crucial, dently because of some negotiations of July break, with the bill to be if that child is to have a fighting about which all of us are hopeful. But brought up on, I believe, July 11, to be chance; but denial of access to that I think we probably could have dis- completed by July 15. So no amend- particular specialist would not be eligi- posed of the amendment of the Senator ments relating to the Patients’ Bill of ble for appeal under the majority’s pro- and probably the proposal of the Sen- Rights will be offered on the ag appro- gram. ator from Rhode Island also. I do not priations bill. The PRESIDING OFFICER. The time know whether the Senator would agree Mrs. FEINSTEIN. In exchange for a of the Senator from Rhode Island has with me or not. definitive date of bringing up the Pa- expired. Mr. REED. I do agree. I have been lis- tients’ Bill of Rights? Mr. KENNEDY. Mr. President, I ask tening to Senator FEINSTEIN’s very elo- Mr. NICKLES. Correct. Absolutely. for 6 more minutes evenly divided. quent and thoughtful comments about Mrs. FEINSTEIN. We would have mi- The PRESIDING OFFICER. Without the need for access to specialists and nority rights to amend that bill? objection, it is so ordered. the need to have a physician make a Mr. NICKLES. That is correct. Mr. KENNEDY. I was just asking decision about your health care and Mrs. FEINSTEIN. I thank the Sen- whether the Senator’s understanding is not an accountant. ator. the same understanding as mine? If the The PRESIDING OFFICER. The time The PRESIDING OFFICER. Is there Senator would just reflect on the sig- of the Senator from Rhode Island has objection the request of the Senator nificance of that, I would appreciate it. expired. from Oklahoma?

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13937 Without objection, it is so ordered. huge bureaucracy with little or no ac- leagues, not just those on the HELP Mrs. MURRAY addressed the Chair. countability. Committee, the chance to vote yes. The PRESIDING OFFICER (Mr. The Republican leadership bill is in- The other amendment I offered in GRAMS). The Senator from Washington. adequate in many areas. Let me point committee addressed the issue of emer- Mrs. MURRAY. It is my under- out a couple of the major holes that I gency room coverage. The Republican standing that the Democrats now have see in this legislation. legislation falls short of ensuring that 15 minutes? During markup of this legislation in when you have a sick child with a very The PRESIDING OFFICER. That is the HELP Committee, I offered two im- high fever, and you rush them to the correct. portant amendments. The first one was emergency room in the middle of the Mrs. MURRAY. Then I will proceed. a very short and simple amendment to night, the child will receive emergency f prohibit so-called drive-through care as well as poststabilization care. mastectomies. The Republican bill simply adopts a PATIENTS’ BILL OF RIGHTS My amendment would have prohib- prudent layperson standard on emer- Mrs. MURRAY. Mr. President, I hope ited insurance companies from requir- gency care, not care beyond the emer- we can work out an agreement, but I ing doctors to perform major breast gency. rise today really to express my frustra- cancer surgery in an outpatient setting That means that a child with a fever tion and outrage with the inability of and discharging the woman within of over 104 degrees may not receive the the Republican leadership to allow a hours. We saw this happen before when full scope of care necessary to deter- fair and open debate on the real Pa- insurance companies decided it was not mine what caused the fever to prevent tients’ Bill of Rights. medically necessary for a woman to the escalation of a fever once the child I do not like the idea of tying up stay more than 12 hours in a hospital has been stabilized. As many parents must-do appropriations bills to try and following the birth of a child. They know, simply controlling the fever is force a fair and open debate on access said there was no need for followup for not enough; you have to control the to health care services. However, due the newborn infant beyond 12 hours. virus or infection to prevent the fever to the inability to find a reasonable There was no understanding of the ef- from escalating again. compromise on the number of amend- fects of childbirth on a woman and no I tried in committee to address the ments, we have been forced to bring role for the woman or physician to de- inequities in the Republican bill re- this issue to every possible vehicle. termine what is medically necessary garding emergency room coverage. Un- I hope we can work out an arrange- for both the new mother and the new fortunately, my amendment was de- ment with the majority party to do infant. feated. Let me point out to my col- this and to have our opportunity to I offered the drive-through mastec- leagues, if they think their language offer amendments that we think are tomy prohibition amendment only be- will protect individuals seeking emer- very important. cause an amendment offered earlier in gency care, they are sadly mistaken. Sometimes we spend far too much that markup would continue the prac- The insurance commissioner’s office time on issues of little significance to tice of allowing insurance personnel to in my home State of Washington re- the American people. One of the major- determine what was medically nec- cently initiated a major investigation ity’s showcase pieces of legislation in essary—not doctors, not patients, but of insurance companies that had denied 1999 was to change the name of Na- insurance companies. I offered my ER coverage based on a prudent tional Airport to the Ronald Reagan amendment to ensure that no insur- layperson’s standard. The commis- Washington National Airport. We spent ance company would be allowed to en- sioner’s office discovered that despite a more time talking about the name gage in drive-through mastectomies. State regulation requiring a prudent change than we have on debating the My amendment did not require a layperson standard, there were numer- Patients’ Bill of Rights. mandatory hospital stay. It did not set ous examples of individuals being de- When it comes to access to emer- the number of days or hours. It simply nied appropriate care in the emergency gency room treatment, or access to ex- said that only the doctor and the pa- room. perimental lifesaving treatments, we tient would be able to determine if a In Washington State, a 15-year-old cannot seem to find 3 days for its con- hospital stay was medically necessary. girl with a broken leg was taken by her sideration on the Senate floor. This is The woman who had suffered the shock parents to a hospital emergency room. the kind of legislation that really does of the diagnosis of breast cancer, the The claim was denied by the family’s impact American working families. I woman who was told the mastectomy insurer, which ruled that the cir- would argue that it deserves a full and was the only choice, the woman who cumstances did not constitute an emer- open debate on the Senate floor, allow- faced this life-altering surgery, de- gency. ing us to offer our amendments. cides, along with her doctor. A 17-year-old victim of a beating suf- The Republican reform legislation re- Unfortunately, my colleagues on the fered serious head injuries and was ported out of the HELP Committee is other side did not feel comfortable giv- taken to an ER. A CAT scan ordered by not—and let me repeat, is not—a pa- ing the decision to the woman and her the ER physician was rejected by the tients’ bill of rights. Oddly enough, it doctor. They did not like legislating by insurer because there was no prior au- excludes most insured Americans and, body part; and neither do I. But I could thorization. This 17-year-old child was in many cases, simply reiterates cur- not sit by and be silent on this issue. stabilized, but the physician knew that rent insurance policy. It does not pro- Defeating the medically necessary only through a CAT scan would they vide the kinds of protections and guar- amendment, offered prior to my know the full extent of the child’s inju- antees which will ensure that when you amendment, forced me to legislate by ries. Yet the insurance company denied need your insurance, it is there for you body part. And I will do it again to en- payment because they had not ap- and your family. sure that women facing a mastectomy proved the procedure. They obviously Let’s face it. Most people do not even are not sent home prematurely to deal did not think that a CAT scan was part think about their health insurance with both the physical and emotional of ER care. until they become sick. Certainly, in- aftershocks. These are examples of gross mis- surance companies do not notify them For many years, I have listened to conduct by insurance companies in the every week or month, when collecting many of my colleagues talk about State of Washington that are supposed their premiums, that there are many breast cancer and breast cancer re- to meet the same standard that is in- services and benefits they do not have search or breast cancer stamps. When cluded in the Republican bill. As the access to. It is amazing how accurate it comes to really helping breast can- insurance commissioner learned, a pru- insurance companies can be in col- cer survivors, some of my Republican dent layperson standard still allows for lecting premiums, but when it comes colleagues voted no. I hope we are able a loophole large enough to drive a time to access benefits, it becomes a to correct this and give all of my col- truck through.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 13938 CONGRESSIONAL RECORD—SENATE June 23, 1999 I also want to remind many of my crease health care costs; that makes shouldn’t try to rewrite health care colleagues who support doubling re- health care unaffordable for a lot of plans all across America. We don’t be- search at NIH that we are facing a situ- Americans. Unfortunately, the package lieve in national health insurance, that ation where we have all of this great proposed by my colleagues on the Dem- the Government in Washington, DC, is research we are funding, and yet we ocrat side—the Kennedy bill—increases the source of all wisdom, has all knowl- allow insurance companies to deny ac- health care costs 4.8 percent, according edge, can do all things exactly right, cess. Yesterday we heard testimony at to the CBO, over and above the infla- and we should supersede the govern- the Labor-HHS Subcommittee hearing tion that is already estimated for this ments of every State. about juvenile diabetes. It was an in- next year, estimated to be about 8 per- We don’t have that philosophy. There spiring hearing. We had more than 100 cent. is a difference of philosophy. The Ken- children and several celebrities testify. If you add 5 percent on top of 8 per- nedy bill says: States, you have emer- Yet as I sat there listening to the testi- cent, that is a 13-percent increase in gency room provisions. We do not mony from NIH about the need to in- health care costs. The result is, prob- think they are adequate. We know crease funding for research and how ably a million and a half Americans what is best. close we are to finding a cure, I was will lose their health care if we pass Then the health care plans say: Wait struck by the fact that the Republican the Democrat package. a minute, we have been regulated since leadership bill would allow the contin- I have heard a lot of my colleagues our inception by the States, as far as ued practice of denying access to clin- say: We need to pass the Kennedy bill; insurance regulation. Now we have the ical trials, access to new experimental it is going to do all these wonderful Federal regulation. Whom should we drugs and treatments, access to spe- things, because we are going to pro- follow? They are different. cialties, and access to specialty care tect, we have a prudent layperson. It is Who is right? Do we just take the provided at NCI cancer centers. just a great idea. We have emergency more stringent proposal, or are we now It does little good to increase re- care. It is a wonderful idea. We are going to have HCFA regulate not only search or to find a cure for diabetes or going to guarantee everybody all this Medicare and Medicaid, but are we now Parkinson’s disease if very few people assortment of benefits. We are going to going to have HCFA regulating private in this country can afford the cure or mandate all kinds of little coverages insurance? I do not think we should. are denied access to that cure. We need that all sound very good. I will tell my colleagues, HCFA has to continue our focus on research, but But they do have a cost. If we make done a crummy job in regulating Medi- we cannot simply ignore the issue of insurance unaffordable and move a mil- care. HCFA has not complied with the access. lion and a half people from the insured mandates we gave them in 1997 for giv- I urge my colleagues to join me in category to the uninsured category, I ing information to Medicare recipients supporting a real Patients’ Bill of think we are making a mistake; I on Medicare options. They haven’t Rights that puts the decision of health think we are making a serious mis- done that yet. They haven’t notified care back into the hands of the con- take. most seniors of options that are avail- sumer and their physician, that doesn’t There are some costs involved, and able to them that this Congress passed dismantle managed care but ensures there is a little difference in philos- and this President signed. They that insurance companies manage care, ophy. Some of our colleagues said the haven’t notified people of their options. not profits. Republican package doesn’t cover this They have done a crummy job of com- I don’t want to increase the cost of or doesn’t do this, doesn’t do that. plying with the regulations that they health care. I simply want to make What we don’t try to do is rewrite have now. They haven’t even complied sure people get what they pay for, that health care insurance, which is basi- with—some of the States—the so-called they have the same access to care that cally a State-controlled initiative. We Kennedy-Kassebaum legislation that we, as Members of the Senate, enjoy as don’t have the philosophy that Wash- passed a few years ago. There are some we participate in the Federal Employ- ington, DC, knows best. There is a dif- States, including the State of Massa- ees Health Benefit Program. The Presi- ference in philosophy. chusetts, which don’t even comply with dent has made sure we have patient The Kennedy bill says: States, we the Kennedy-Kassebaum kid care for- protections. Our constituents deserve don’t care what you are doing. We mulations. HCFA is supposed to take no less. know what is best. We have a package, that over. They haven’t done it. I thank the Chair. an emergency care package, that you My point is, people who have the phi- Mr. NICKLES addressed the Chair. have to have ER services under the fol- losophy, wait a minute, we need to The PRESIDING OFFICER. The Sen- lowing scenarios. We don’t care what have this long list of mandates, we are ator from Oklahoma. you are doing, States. going to say it, and we are going to Mr. NICKLES. Mr. President, I have I just looked at a note. Forty States regulate it and dictate it from Wash- a couple comments. Again, we are try- have emergency care mandates. The ington, DC, I just happen to disagree ing to come up with an arrangement. I Kennedy bill says: We don’t care what with. think all my colleagues are aware of you are doing, States. Here is what we It may be a very laudable effort. the fact that we have been negotiating say, because we know what is best. Some of the horror stories that were on this most of the day. Hopefully, we I wonder if the State of Massachu- mentioned—this person didn’t get care, will come up with an arrangement that setts has it. The State of Washington and it is terrible—are tough stories. is mutually satisfactory to all partici- has it. I heard my colleague from But we have to ask ourselves, is the pants in the debate. Washington, Senator MURRAY, talk right solution a Federal mandate? Is I will respond to a couple of the com- about emergency care. The State of the Federal mandate listing here of ments, because maybe they haven’t Washington has emergency care man- what every health care plan in America been responded to adequately. There dates in their health care packages for has to comply with, dictated by Wash- has been a lot of discussion about the State-regulated health care plans. I ington, DC, dictated by my friend and Republican package doesn’t do this or heard the Senator from Washington colleague from Massachusetts, is that the Democrat package does so many talk about ‘‘prudent layperson.’’ The the right solution? I don’t think so. wonderful things. The Democrat pack- State of Washington has a prudent Is there a cost associated with that? age before the Senate increases health layperson mandate. Maybe that is not Yes, there is. I mention that to my col- care costs dramatically. adequate. Maybe somebody in the leagues and to others who are inter- I stated, maybe 2 years ago: When State legislature in the State of Wash- ested in the debate. the Senate considers legislation, we ington said: We need to strengthen We will have this debate. I think should make sure we do no harm. By this; we need improvement. there will be an agreement reached doing no harm, I stated two or three There is a difference of philosophy. that we will take this up on July 11, propositions. One, we should not in- We, on our side, are saying we and we will have open availability for

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.000 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13939 individuals to offer amendments with The people of America are not inter- on Ethan’s case. I will quote very brief- second-degree amendments, and hope- ested in partisan bickering on the floor ly from that opinion. The court ad- fully a conclusion to this process. of the Senate. They are not interested dressed in very stark terms what they I did want to respond to say that this in that; they don’t care about it. What saw as the problem. I am reading now idea of somebody finding a horror story they do care about, and what I care from the opinion of the Fourth Circuit: or finding an example of a problem and about, is addressing the issue of health . . . The precipitous decision to give up on coming up with the solution, or the fix care and the issue of the Patients’ Bill Ethan was made by Dr. Pollack, who could being ‘‘Washington, DC, knows best,’’ I of Rights in a real substantive and provide scant support for it. The insurance don’t necessarily agree with. meaningful way. company boldly states that she [Dr. Pollack] I do think we can make some im- I want to talk briefly, if I can, about has a ‘‘wealth of experience in pediatrics and provements. I do hope, ultimately, we a real case I was involved in person- knowledge of cerebral palsy in children.’’ We see nothing [in the Record] to support this. will have bipartisan support for what I ally—at least my law firm was involved believe is a very good package. I am . . . In fact, she was asked whether, in her in—before I came to the Senate this twenty years of practice, she ever prescribed not saying it is perfect. It may be past January. The case involved a either speech therapy, occupational therapy, amended. It may be improved. I hope young man named Ethan Bedrick. or physical therapy for her cerebral palsy pa- we will come up with a bipartisan Ethan was born with cerebral palsy. As tients. Her answer: ‘‘No, because in the area package. a result of his cerebral palsy, he needed where I practiced, the routine was to send We do have internal/external appeals a multitude of medical treatments, in- children with cerebral palsy to the Kennedy which are very important and, I think, cluding therapists—physical and Center and the Albert Einstein College of could make a positive contribution to- Medicine. We took care only of routine phys- speech—to help him with mouth move- ical care. wards solving some of the problems ment and his limbs. The physical ther- many of the individuals have addressed So much for Dr. Pollack’s ‘‘wealth of expe- apy was prescribed specifically for the rience.’’ earlier today. purpose of being able to pull his limbs I yield the floor. This was a physician who had abso- Mr. EDWARDS addressed the Chair. out and back and out and back, so he lutely no experience with prescribing The PRESIDING OFFICER. The Sen- didn’t develop what is called muscle physical therapy for children with cer- ator from North Carolina. contractures, so that he didn’t get in a ebral palsy. Yet this physician was the Mr. EDWARDS. May I inquire how condition where he could not move his sole basis for the insurance company much time remains? arms and legs any longer. denying this very needed care for this The PRESIDING OFFICER. The mi- Ethan is from Charlotte, NC. Ethan’s young boy with cerebral palsy. nority has 5 minutes 10 seconds. The doctors who were seeing him—a mul- It gets worse. Dr. Pollack was then majority still has 15 minutes 50 sec- titude of doctors, including physical asked whether physical therapy could onds. therapists, a general practice physi- prevent contractures, which is what is Mr. EDWARDS. Mr. President, I cian, a pediatric neurologist who spe- caused when children with cerebral come to the floor to address the impor- cialized in making determinations palsy don’t get this. Their arms and tant issue of the Patients’ Bill of about what children in his condition legs become contracted and they can’t Rights. I will respond briefly to a cou- needed—all of those physicians, every be pulled out. ple of issues raised by my colleague, single one of them, everybody treating This was her answer: No. the distinguished Senator from Okla- him came to the conclusion that Ethan She was asked: Why not? homa, when the bulk of his argument needed physical therapy. Answer: Because it is my belief that and response to our Patients’ Bill of When the family went to their health it is not an effective way of treating Rights has to do with the issue of cost. insurance company to try to get reim- contractures. I just want to point out that the most bursed for the physical therapy, the This is the insurance company doc- reliable studies done by the GAO indi- health insurance company denied pay- tor. cate that the increased costs across ing for the physical therapy. Basically, She was asked: Where did this belief America will be somewhere between $1 they decided it based upon an extraor- come from? and $2 per patient per month, which I dinarily limited and arbitrary reading She says: I cannot tell you exactly think is less than a cup of Starbuck’s of the term ‘‘medical necessity.’’ They how I developed it because the truth is coffee. My suspicion is that most basically found the most limited defi- I haven’t thought about it for a long Americans would be willing to bear nition and they looked around and time. that cost to have real and meaningful found a doctor who was willing to sup- The nadir of this testimony was health care reform. port that position. So they denied the reached soon thereafter because the There is a lot of rhetoric about na- claims. baselessness for this insurance com- tional health insurance, and they are I want the American people to under- pany doctor’s decision became very ap- not for that. This bill has absolutely stand that every doctor who was treat- parent. The Fourth Circuit quotes from nothing to do with national health ining Ethan said he needed this care. It the questions and answers to Dr. Pol- surance. What it has to do with is cre- was absolutely standard care for a lack: ating rights for patients that provide young child with cerebral palsy. But Question: . . . If Dr. Lesser and Dr. them with protections against HMOs there was some doctor working for an Swetenburg were of the opinion that phys- and health insurance companies that insurance company somewhere in ical therapy at the rate and occupational are taking advantage of them on a America who was willing to say: No, I therapy at that rate were medically nec- daily basis. don’t think he needs it. Therefore, they essary for Ethan Bedrick, would you have There is another huge difference be- denied coverage, regardless of what all any reason to oppose their opinion? tween these two bills. I prefer not to his treating physicians said. Answer: I am not sure I understand the talk about them as the Democratic or We filed a lawsuit on behalf of Ethan question. Using what definition of medical necessity? Republican bill because, for me at against the insurance company. We had Question: Well, using the evaluation of least, this is not a partisan issue; it is to jump through extraordinary hoops medical necessity as what is in the best in- a substantive issue. If we have a bill because it is so difficult to bring any terests of the child, the patient. that is a real, meaningful Patients’ Bill kind of action against a health insur- Answer: I think we are talking about two of Rights, whether it is Democratic or ance company or an HMO. The case different things. Republican, or a compromise between was decided, ultimately, by the U.S. Question: All right. Expand, explain to me the two, I would support it. It makes Court of Appeals for the Fourth Cir- what two different things we are talking about? no difference to me who authors the cuit, which covers a number of States Answer: I’m speaking about what is to be bill. I came here to talk about an issue in the southeastern United States. covered by our contract. that is critical to the people of North That court, which is well known for its Question: Is what is covered by your con- Carolina, to the people of America. conservative nature, issued an opinion tract something that’s different than the

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13940 CONGRESSIONAL RECORD—SENATE June 23, 1999 best interests of the child as far as medical Mr. CRAIG. Mr. President, I ask Agriculture issues have never been treatment is concerned? unanimous consent that the order for partisan. They shouldn’t be partisan. I Answer: I find that’s a little like ‘‘have the quorum call be rescinded. am amazed my colleagues on the other you stopped beating your wife?’’ Question: That’s why I ask it. If Doctor The PRESIDING OFFICER. Without side of the aisle have used this dilatory Swetenburg and Dr. Lesser recommended objection, it is so ordered. tactic that all but ‘‘partisanizes’’ an physical therapy and occupational therapy Mr. CRAIG. Mr. President, are we agriculture appropriations bill, almost at the rates prescribed, do you have any still in morning business? saying it doesn’t count; our political medical basis for why this is an inappro- The PRESIDING OFFICER. The Sen- agenda is more important than the priate treatment that has been prescribed ate is in morning business. The Repub- policies of the government handled in [for this boy]? lican side has 8 minutes remaining. an appropriate and timely fashion. Remember, this is the insurance Mr. CRAIG. I ask unanimous consent Our leaders are negotiating at this company doctor on the basis for which we stay in morning business under the moment to determine the shape of the the insurance company had denied all current restriction and continue until 4 debate over a Patients’ Bill of Rights. coverage for this care. o’clock. I hope they are able to accomplish Answer: I have no idea. I have not exam- The PRESIDING OFFICER. Without that. The clock ticks. American agri- ined the patient. I have not determined objection, it is so ordered. culture watches and says, there goes whether it is appropriate or inappropriate. Mr. CRAIG. Mr. President, for the that Congress again, playing politics But that isn’t a decision I was asked to make. last several days this Senate has been with a very important issue for our engaged in a fascinating exercise. I say So what happened is, we have an in- country. that because last Thursday evening be- I will be blunt and say, there goes the surance company doctor with no expe- fore I left the Senate I was approached Democrat side of this body playing pol- rience, never examined the child, who by an individual in the media, a press itics with a very important appropria- has decided this care is not medically person on Capitol Hill, who said: I un- tions bill that I hope we can get to. necessary or medically appropriate, derstand the Democrats are about to I see Senator FEINGOLD on the floor. based on nothing and the insurance slow the process down. Our staffs have been working together company denies coverage in the face of I said: What do you mean? on a very critical area of this bill, as I every single health care provider say- have been working with the Presiding ing this child with cerebral palsy needs They think the Republican Senate is on a roll, you have accomplished a good many Officer, to make sure that we shape the to be treated. things this week, and they are about to slow agriculture appropriations bill and deal This is a perfect example of what is you down. wrong with the system. It is why we with dairy policy in a responsible fash- I said: What is the strategy here? need real external review. It is why we ion. That person said: We think they are I come to the floor to associate pa- need an independent body that can going to offer the Patients’ Bill of tients’ rights and health care with an look at a decision made by an insur- Rights to the agriculture appropria- agriculture policy. Is that possible to ance company and decide—it would be tions bill. do? Well, it is. My colleagues on the obvious in this case—that the decision Of course, we now know that is ex- other side of the aisle have attempted was wrong and that a child is suffering actly what happened. Their tactic is to to do that. I hope my colleagues will as a result. When I say an independent review, I slow the process down. I am not sure listen as I shape this issue. There is a mean a really independent review, not why. Obviously, they are going to get very important connection. an independent review board made up ample opportunity to make their state- It will not be debated on the agri- of people chosen by the insurance comments and to have their votes on the culture appropriations bill, but we all pany. That is an enormous difference issue of a Patients’ Bill of Rights. know that American agriculture— Whether Democrat or a Republican, between one of the bills being offered farmers and those who work for farm- we can mutually agree that there is a by our opponents and the bill being of- ers—is within the sector of about 43 very real problem in the health care fered by us. We would set up a real and percent of all workers in America who community of our country specific to meaningful independent review board are not working for an industry that Americans and health care coverage. I so that when something like this hap- insures them. As a result, they must am not sure we get there by punching pens to Ethan Bedrick, a child with provide for themselves. They must self- American farmers in the face, or by cerebral palsy, there would be a way to insure and provide for their individual acting as if they are of little to no im- go to an independent board imme- workers within their farms or ranches. portance and placing other national The Patients’ Bill of Rights that my diately and get a review, the result of issues ahead of them. colleagues on the other side of the aisle which the decision would be reversed That is what has happened. I am want to bring to the floor—and I trust and in a matter of weeks, at the most, amazed some of my colleagues on the their sincerity in wanting it to become this child would get the therapy he so other side of the aisle from dominant law—will very much change the dy- desperately needs. The long and the short of it is, even agricultural States and who have of- namics of the self-insured in this coun- after we won this case in the court of tentimes led the agricultural debate on try. They do so in a very unique way. appeals, it was over a year before the floor would use these tactics to The average family premium in the in- Ethan Bedrick began to receive the move their national agenda well be- dividual self-insured market—I am care he deserved. yond agriculture. talking about American farm families This case illustrates perfectly why What is important is that we deal —is about $6,585 today. That is what it this is such an acute problem and why with the ag appropriations bill, that we costs for them to insure themselves. we need to address it. We need des- deal with it in a timely fashion to ad- Under the Democrat Kennedy bill, they perately to address it in a nonpartisan dress those concerns of the American are going to pay at least another $316. way. We need to do what is in the best agricultural community within the Figure this one out: As my col- interests of the American people; that policies of our government but also leagues on the other side of the aisle is, to pass a real and meaningful Pa- recognize we have a problem in the ag- talk about the worst depression in tients’ Bill of Rights. riculture community today. We have farm country in its history, with de- Thank you, Mr. President. turned to the Secretary of Agriculture pression-era prices for commodities, in Mr. LOTT. Mr. President, I suggest and to the President to work with us to the same breath they stop the agri- the absence of a quorum. identify and shape that issue; we will culture appropriations bill and say: The PRESIDING OFFICER. The come back with the necessary vehicle Hey, farm family, on our Patients’ Bill clerk will call the roll. to address it beyond the current appro- of Rights, because we are about to in- The assistant legislative clerk propriations bill. crease your medical costs by an aver- ceeded to call the roll. We are waiting for their response. age of $316 a year, that is money you

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13941 don’t have, but we will force you to do The reason I have always been a sup- other side of the aisle and say: Cut the it anyway. Your premiums will go up porter of medical savings accounts is politics. Get on with the business of by the nature of the bill we want to that it really fits the profile of my good farm policy. Do not use us as your fashion. State. Farmers, ranchers, loggers, min- lever. Some have stated this bill will cause ers—small businesspeople make up a I hope that message is getting over 2 million Americans to lose their dominant proportion of the population through to my colleagues on the other health care insurance. This chart dem- of my State. Increasingly, many of side. Let us deal with agriculture in onstrates a problem that all Members them would become uninsured if the the appropriate fashion. are sensitive to but a problem that we Democratic version, the Kennedy bill, Mr. President, I suggest the absence don’t want to cause to be worse. were to pass this Congress and become of a quorum. A phrase that has been used on this law. The unintended, or maybe the in- The PRESIDING OFFICER. The floor in a variety of debates in the last tended, consequence would be to push clerk will call the roll. couple of months is ‘‘unintended con- these people out of private health care The assistant legislative clerk pro- sequences.’’ If we pass the Kennedy insurance and therefore have them ceeded to call the roll. health care Patients’ Bill of Rights, come to their Government begging for Mr. CRAIG. Mr. President, I ask there is a known consequence. You some kind of health care insurance. unanimous consent that the order for can’t call it ‘‘unintended.’’ Why should we set up an environ- the quorum call be rescinded. By conservative estimates it would ment in which we force people to come The PRESIDING OFFICER (Mr. SES- add one million uninsured Americans to the Government for their health SIONS). Without objection, it is so or- to the health rolls. That is the conserv- care instead of creating an environ- dered. ative estimate. I said 2 million a moment, a positive environment, that f ment ago. That is the liberal estimate. says we will reward you for insuring It is somewhere in that arena. The yourself by creating for you the tools EXTENSION OF MORNING other side knows that America’s farm- of self-insurance and therefore create BUSINESS ers and farm families will have to pay also a tax environment we want, where Mr. CRAIG. Mr. President, our lead- $300 to $400 more per year in health today health care premiums for the ers are still in negotiation as to terms care premiums because they are self- self-employed are fully deductible, as and conditions under which the Senate insured. will deal with the Patients’ Bill of That is the nexus with the farm bill they are for big businesses which offer Rights. With that understanding, I ask and the agriculture appropriations bill health care plans to their employees. There is a strange, unique, and some- in its strange and relatively obscure unanimous consent that morning busi- what curious nexus between Democrats way. But it is real. I hope our leaders ness be extended until 4:30 p.m. under blocking an agriculture appropriations can be successful in shaping the debate the conditions of the previous exten- bill coming to the floor and the politics around the Patients’ Bill of Rights sion. that says we will have that debate, of the Kennedy bill on health care. It is The PRESIDING OFFICER. Without here is the time line, and here are the that they would cause even greater objection, it is so ordered. amendments that can be offered. problems in the farm community by Mr. CRAIG. I thank the Chair. I sug- It is going to be up or down. We will raising the premiums, by forcing cer- gest the absence of a quorum. all have our chance to make our tain costs to go into health care cov- The PRESIDING OFFICER. The points, but let’s not play the very dan- erage today. Our Patients’ Bill of clerk will call the roll. gerous game of tacking it onto any bill Rights would go in a totally opposite The assistant legislative clerk pro- that comes along that stops us from direction, creating an environment in ceeded to call the roll. moving the appropriation bills in a which people could become more self- Mr. WELLSTONE. Mr. President, I timely fashion. We will debate in a insured at less money, at a time in ask unanimous consent that the order thorough nature why their legislation American agriculture when it is esti- for the quorum call be rescinded. creates a potential pool of between 1 to mated the average income of the Amer- The PRESIDING OFFICER. Without 2 million Americans who will become ican farmer, having dropped 15 percent objection, it is so ordered. uninsured because of an increase in last year, could drop as much as 25 to f 30 percent this year, with commodity premiums. EXTENSION OF MORNING On the other side of the equation is prices at near Depression-era levels. BUSINESS the Patients’ Bill of Rights crafted by We need to pass the agriculture ap- the Republican majority in the Senate. propriations bill. We will then work Mr. WELLSTONE. Mr. President, I We go right to farm families. We say to with the Department of Agriculture ask unanimous consent that morning farm families, we are going to give you and the Clinton administration to ex- business be extended until 5 o’clock a positive option in your self-insur- amine the needs, as harvest goes for- and that the time be equally divided. ance, and that is, of course, to create a ward, to assure we do address the The PRESIDING OFFICER. Without medical savings account. American farmers’ plight, as we did ef- objection, it is so ordered. In States made up of individual fectively last year. But it should be f farms—Wisconsin, Indiana, Ohio, Illi- done in the context of agriculture ap- nois, and Iowa—already the meager ef- propriations and a potential supple- PRIVILEGE OF THE FLOOR forts in creating medical savings ac- mental, if necessary, to deal with that. Mr. WELLSTONE. Mr. President, I counts we have offered in past law have It does not fit, nor should it be associ- ask unanimous consent that Howard rapidly increased the coverage for ated with, a Patients’ Bill of Rights. Kushlan, an intern in my office, be al- health care at the farm level. I hope the end result today is to clear lowed to be on the floor for the dura- So if we want to create a true nexus the track, provide a designated period tion of the day. between an agriculture bill and a Pa- of time for us to debate the Kennedy The PRESIDING OFFICER. Without tient’s Bill of Rights, it is the Repub- bill and a true Patients’ Bill of Rights, objection, it is so ordered. lican version that says let’s expand as has been offered by the Republican Mr. ROCKEFELLER addressed the medical savings accounts, let’s give majority here in the Senate, and then Chair. small businesspeople, farmers, ranch- to allow us to move later today, this The PRESIDING OFFICER. The Sen- ers, the option of being able to self-in- evening, and on tomorrow, to finish the ator from West Virginia is recognized. sure in a way that will cost them less agriculture appropriations bill and get f money and have insurance to deal on with the debate on that critical with, of course, the catastrophic con- issue. PATIENTS’ BILL OF RIGHTS cerns in health care that we would American agriculture is watching. I Mr. ROCKEFELLER. Mr. President, I want to talk about. hope they write my colleagues on the join what I suspect are one or two

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13942 CONGRESSIONAL RECORD—SENATE June 23, 1999 Democratic colleagues of mine who ago, for whatever purpose, and I was primary care physician may refer a pa- have come out to the floor to speak told that six emergency rooms in the tient to a specialist if they determine about the Patients’ Bill of Rights and city of Chicago were closed, and there that specialty care is necessary. How- the need to move forth with that. I were relatively few left. That is one of ever, things may change, if the spe- think I am correct, but in listening to the largest cities in all of America. cialist is not on the list of the plan. National Public Radio this morning, I Emergency rooms are the most expen- Then you come to this amazing situ- heard that the American Medical Asso- sive form of health care, and they are ation of trying to ask a consumer of ciation was meeting and that one of always the things closed down when health care to understand that they the matters under discussion was the business decisions are dominating hos- are allowed to go to a specialist, but right of physicians to unionize. Since pitals. they cannot because that specialist is you cannot replay NPR, or ask for a re- On the other hand, the only way, not on their plan. Even the much criti- peat, I had to just hear what I heard; I having 43 million, 44 million, 45 million cized Clinton health care plan allowed think I heard it correctly. That is an uninsured Americans, they can get that. You could always go outside your amazing thing. I know physicians have health insurance is by going to emer- HIPAA. You could always go to your been unionizing in Arizona and places gency rooms. They have to have that specialist, no matter where your spe- where one would expect it. But to have right. It has to be accessible to them, cialist was. You could always go to the American Medical Association ac- not just somewhere out in the next your specialist. Under the present sys- tually considering that, and the Presi- State, or on the other side of the Mis- tem of health care, you can’t do that. dent, Dr. Dickie, a woman, discussing sissippi River but accessible so they Then somebody from the ‘‘adminis- the frustration of physicians with their can get to it. trative office,’’ or some other division, ability to give health care to their pa- Third, they have to have the right to takes over this whole question of tients in a way that they believe and, appeal the decision of their health care whether you can or whether you can’t. in fact, were trained to do is extraor- plans. It is a basic right. I will talk Suddenly, the patient asks to see a spe- dinary. more about it. cialist and finds out that the execu- I could name any group in the world Fourth, they should have the ability tives in charge are not doctors. They to ensure that medical decisions are that would be looking for a place to are not medical people. They refuse the made by their doctors, not by a board find a union and I would put physicians right to go see a specialist. They refuse of executives. payment for the specialist who in fact among the very last. But, evidently, it We all know that managed care has was recommended by the patient’s is not that way. That in itself is an ex- changed the way health care is done in traordinary call for this Congress to this country. We started saying that in original primary care physician. That move forward with health care. The the Finance Committee 10 or 12 years is wrong. We must put an end to insurance call comes from the American people ago. The question was, Does managed company ‘‘gag rules.’’ That is another also. They are calling for action on our care save money for 1 year or 2 years? part because of their sense of deep dis- The general consensus was that man- point. Patients need to trust the pro- satisfaction. aged care would save money for about viders—that they are acting in the best Last year, we were told there wasn’t 2 years, then it would come up against enough time to take up a Patients’ Bill a hard wall and people would have to interests of the patients. There cannot of Rights. I don’t think that could be start cutting. That was the general be a situation where HMOs preclude the case this year, since time seems to consensus then. It is clearly showing doctors from prescribing necessary be mostly what we have, and therefore itself to be even more the case now. treatments or making referrals to a one might conclude there might be a That is for both delivery and the pay- specialist in the name of preserving the lack of willingness to take up a Pa- ment of health care in our country. company’s bottom line. tients’ Bill of Rights this year. So we Obviously, a lot of problems have There is a sacred trust between a pa- have to keep our priorities straight. I been created along the way. Americans tient and a doctor. I don’t have to intend to, and I think a lot of my col- are very dissatisfied with the quality of elaborate on that. It is Norman Rock- leagues on both sides of the aisle feel their health care. They make their well stuff. In fact, there are many, that way. feelings about that very clear. They many. He did many pictures of it. It is Every single day that passes without don’t like their lack of choice. They the classic American situation—the enactment of patient protections is an- don’t like the indiscriminate nature of trust between, the bond between, the other day that millions of Americans, insurance company decisionmaking. patient and the doctor. and thousands of the people I represent Meanwhile, physicians often have, For the doctor to be second-guessed from West Virginia, are subject to the from their point of view —and from my by an insurance company bureaucrat denial of needed treatments because of point of view—much too little input just doesn’t make sense. the instinct of insurance companies to into health care decisions, and hence I have listened to literally hundreds go to their bottom line and stay there. the NPR story this morning. They be- of patients and doctors complain that Every single day that we, as a Con- lieve so strongly that they are doing managed care plans are making deci- gress, fail to act on the Patients’ Bill something, which is an anathema, it sions about care, about what types of of Rights is another day that Ameri- would seem to me, to any physician. procedures are allowed and are not al- cans are left vulnerable to health care But they are evidently doing this, or lowed, and this decision just creates a decisions that are made perhaps not by they are voting on that as a matter of division between the patient and the their doctors, as they wish, but by ‘‘doctor rights,’’ or whatever, at the doctor. The patient is confused. The business executives, or by boards, or American Medical Association meet- doctor is angry. It is not right. people at the end of 1–800 numbers. We ing. Another point: Real access to emer- used to talk about this years ago, and I think doctors think they face too gency room care 24 hours a day has to we agreed it was a terrible thing and it much interference from the insurance be. It has to be 7 days a week. Wher- had to stop. We were all going to do companies. Patients and doctors alike ever they are, it has to be. They cannot that, except that we have not. We just see health care decisions driven by the be concerned about their insurance haven’t. financial concerns of something called company second-guessing their health Every day we don’t act, Americans health plans. What do we have to do? concerns. are refused, No. 1, the specialty treat- We have to guarantee access to spe- Americans must be able to go to the ments they need and deserve; No. 2, the cialty care. I hear it all the time. We nearest emergency room without the ability to use any emergency room. all hear it all the time in our homes fear that they will not be able to afford Imagine that. The Senator from Illi- and wherever we go. it, and they must be able to receive all nois is here. This Senator remembers Under managed care plans—most of necessary care in that facility to take being in Chicago a number of years them, not all of them—the patient’s care of their situation.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13943 In the United States of America we have such angry words. But we should parties, that makes a difference in have been through this before. We are be debating. Personally, I wish we were your lives. the only country in the world that talking about universal health care With all due respect, I understand doesn’t have universal health insur- coverage. The insurance industry took why my colleagues on the other side of ance. If we don’t have that, at least it off the table. They dominate too the aisle don’t want to debate. The let’s allow a Patients’ Bill of Rights so much of this political process. Senate is supposed to be the world’s that people can have—including those I think Senator FEINGOLD and I, be- greatest deliberative body. Our col- who are not insured—certain rights. fore this debate is over, will come out leagues on the other side of the aisle Another point: We must let people and just talk about the contributions don’t get the right to tell us that we challenge the decisions made by HMOs from all the different parties that are won’t be able to bring amendments to and seek retribution when HMO deci- affected by this health care legislation. the floor, we won’t be able to have a sions lead to harm. We should be talking about universal full-scale discussion, and we won’t be Is that radical? No. That is a stand- health care coverage. But we certainly able to have a thorough debate. ard part of American life, except it is also should be talking about patient I can’t wait for this debate. I intro- more important in a lot of American protection. duced the patient protection bill 5 life because of the actual health and We have a system where the bottom years ago, half a decade ago. This will physical safety of a patient. When line is becoming the only line. It is be- be a great debate. I think the country Americans go to a doctor, they should coming the incorporated and industri- will love this debate. The people in get the care they need. If they don’t alized system. Minnesota and the people in our dif- get it, they should have the means and The Republicans say they have a ferent States will say they are talking the right to address disputes. They plan—the Republican ‘‘patient protec- about a set of issues that are impor- should not have to worry about insur- tion plan’’—which I think really is an tant to their lives. ance companies cutting that off. insurance company protection plan. It The pendulum has swung too far in A central element of the Democratic covers about 48 million people. The the direction of the big insurance com- Patients’ Bill of Rights is that point— people who aren’t covered, because of panies that own and control most of the ability to hold health care plans the risk—they can’t be covered, be- the managed care plans in our country. accountable for the medical decisions cause they are in self-insured plans be- Consumers want to know where they that lead to harm. cause of what the States do. fit in. Ordinary citizens want to know The Republican plan fails to hold Our plan covers 163 million people. where they fit in. The caregivers, the HMOs accountable. Under the Repub- No wonder my colleagues on the doctors and the nurses, want to know lican plan, the only remedy available other side of the aisle don’t want to de- where they fit in. When they went to when a patient is harmed by an HMO bate this. nursing school and when they went to decision is recovery of the actual cost Second point: Who defines ‘‘medical medical school, they thought they of a denied procedure, even if the pa- necessity’’? would be able to make the decisions tient is already dead or disabled for Our plan makes it clear that the pro- and provide people with care. Now they life. viders decide what the care should be find they can’t even practice the kind Make no mistake. If we don’t respond for the consumer, for our children, for of medicine that they imagined they quickly and forcefully enough, more ourselves, for our loved ones. The Re- would practice when they were in med- and more Americans are going to lose publican plan is not so clear on this ical school. confidence in our system and in us. Al- question. Demoralized caregivers are not good ready 90 percent of Americans are un- No wonder my colleagues don’t want caregivers. We have demoralized doc- happy with their plan. Shocking, to have any debate. tors and nurses; we have consumers shocking. We can do something about Point of service option: I remember who are denied access to care they it. I think we have a moral obligation having an amendment in committee need; we have corporatized, to take up the Patients’ Bill of Rights. when we wrote this bill which at least bureacratized bottom-line medicine, We certainly have the time because we would let people, if they are willing to dominated by the insurance industry in are not doing a whole lot of other pay a little more, be able to purchase this country. things around here that I can put my care outside of the network, outside of We have a piece of legislation to at hands on. I think it is time that Con- the plan. If they need to go to see a least provide patients with some progress take up and pass these patient specialist they hear about who would tection and caregivers with some pro- protections this year. make such a difference and would give tection, and our Republican colleagues I yield the floor. them the care they need, or for their don’t want to debate this. I am not sur- f loved one, we provide for that. The Re- prised. I am not surprised. EXTENSION OF MORNING publican plan—the insurance-company On the other hand, you can’t have it BUSINESS protection plan—doesn’t. all ways. We wrote this bill in the No wonder they don’t want to debate Health, Education, Labor and Pension The PRESIDING OFFICER. The Sen- this. Committee. We had a pretty good ator from Minnesota. Mr. WELLSTONE. Mr. President, in Who does the review? markup where we sat down, wrote the When you want to make an appeal case others come to speak—I don’t bill, and had pretty good debate. I was and you say you have been denied the want to take that time—I ask unani- disappointed that a lot of important access to the physician you need to see, mous consent to extend the time until amendments protecting consumers or your family can’t get the care they 5:10, with the time equally divided. were defeated on a straight party vote. The PRESIDING OFFICER. Without need, do you have an external review Now it is time to bring this legisla- objection, it is so ordered. process? Is there an ombudsman pro- tion to the floor. As a Senator from gram back in our States? Make it grass Minnesota, I say to Senator DASCHLE f roots. Do not talk about centralized that I absolutely support what he is PATIENTS’ BILL OF RIGHTS public policy. Make it happen back in doing. I absolutely support what we are Mr. WELLSTONE. Mr. President, I our States. An ombudsman program doing as Democrats. In fact, I am par- thank my colleague from West Vir- with external review, somewhere con- ticularly proud right now to be a Dem- ginia. sumers can say: I have been denied the ocrat because I always feel a lot better Let me try to talk about this in a care I need. when we are talking about issues that more blunt way, not in a bitter way, The Republican insurance company make a real difference to people’s lives. but let me be direct about it. protection plan doesn’t provide for As far as I can tell, most of the peo- I think it is just outrageous. Mr. that. Our legislation does. We have a ple in our country are still focused on President, you are a friend. I hate to difference, America, between the two how to earn a decent living, how to

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13944 CONGRESSIONAL RECORD—SENATE June 23, 1999 give their children the care they need and the amendments we have that we ness be extended to 5:30, as under the and deserve, how to do good by our think will lead to the best protection previous agreement. kids, to do good by our State and coun- for people we represent in our States. The PRESIDING OFFICER. Without try, how to not fall through the cracks And Republicans will come out and objection, it is so ordered. on decent health care coverage, how to they can talk about why they think Mr. FRIST. Mr. President, I rise in make sure we have affordable, dig- these amendments are a profound mis- part to respond to much of the discus- nified, germane, good health care for take and why their amendments will sion that has gone on this afternoon. our citizens. do better. They can talk about their But really, I think more important, to This doesn’t even get us all the way legislation and we can talk about our put in perspective where we are today there. It seems to me the Senate, by legislation. Maybe we will have plenty with this issue of the Patients’ Bill of bringing this bill to the floor, by hav- of compromise and maybe we will come Rights and what we can do as a legisla- ing the opportunity to offer amend- up with a great bipartisan bill. Who is tive body to address some very real ments and having the debate, can do to say? problems, very real challenges that something very positive. We can do Right now, all we have on the other face the health care system, that face something to make an enormous dif- side is silence, an unwillingness to de- individuals, that face patients, and face ference in the lives of people we rep- bate this issue. If I didn’t think I was potential patients as they travel resent. taking advantage of the situation, part through a health care structure that in The Democrats aren’t going to let up. of me is tempted to keep talking and some ways is very confusing, in some We are going to keep bringing our asking Members to come on out and de- ways is conflicting but underneath pro- amendments to the floor. We are going bate. I won’t. I think I made my point vides the very best care of anyplace in to keep talking about health care pol- about 20 different times in 20 different the world. ways. icy. We are going to keep talking about Many of the challenges we face today Since the Senator from Alabama is are a product of an evolving health consumer protection and patient pro- presiding, I do want to say this for peo- care system where we have Medicare, tection. We are going to keep talking ple who are watching: The Senator which treats about 39 million seniors about how to make sure the people we from Alabama can’t debate because he and individuals with disabilities. We represent get a fair shake in this is the Presiding Officer. He would. I have real challenges in Medicare be- health care system. We are going to know him well enough. cause it is a government-run program keep saying that it is not our responsi- I say to Senator SESSIONS, we will bility to be Senators representing the get a chance, and all the rest of the that is going bankrupt. It is a program insurance companies; we are supposed Senate will have a chance, to come out that has a wonderful, over 30-year his- to be representing the vast majority of and debate patient protection legisla- tory of treating seniors, people over people who live in our States. That is tion. Let’s have a good, substantive, se- the age of 65, and individuals with dis- what we are going to do, as long as it rious debate. I know the Senator from abilities. These are people who prob- takes. Alabama loves a debate and he is good ably could not get care anywhere near I am ready for this debate. I am at it. So are many other Senators. It the degree of quality they can get ready. Let’s start it now. will not be debate for the sake of de- today. Yet we have huge problems and I yield the floor, and I suggest the ab- bate. It will not be fun and games. It we have tried to address them through sence of a quorum. will be a very serious issue. a Medicare Commission. Unfortu- The PRESIDING OFFICER. The Honest to gosh, I came here as a Sen- nately, even though we had a majority clerk will call the roll. ator from Minnesota to do good for of votes supporting a proposal there The legislative assistant proceeded people in my State. I can’t do good for called Premium Support, the President to call the roll. people in my State when I have a ma- of the United States felt he could not Mr. WELLSTONE. Mr. President, I jority party that wants to block pa- support that proposal and thus, right ask unanimous consent that the order tient protection legislation. I didn’t before the final vote, pulled back and for the quorum call be rescinded. come here to represent the insurance said I will provide a solution to Medi- The PRESIDING OFFICER. Without industry. I didn’t come here to rep- care in the next several weeks. objection, it is so ordered. resent the pharmaceutical industry. I To date we have not heard from the Mr. WELLSTONE. Mr. President, came here to represent people in Min- President of the United States. Yet we just a footnote. Altogether, we had 16 nesota. have a program with 39 million people Democrats come to the floor to speak I want us to debate this legislation. I in it going bankrupt. It is going bank- about the importance of patient pro- certainly hope Republican colleagues rupt in—now the year is 2014. That is tection and we have had two Repub- will come out here and we will get about 39 million people. About 30 mil- licans. going on this. Otherwise, for as long as lion people are in Medicaid. That is an- In one way I am not surprised be- it takes, I think we are committed to other government-run program, the cause I don’t think my colleagues have using every bit of leverage we have to joint Federal-State program, funded a defensible case. They don’t want to force a debate on this question. principally, almost half and half, by bring this motion to the floor. They Mr. President, if there are other col- Federal and State but run by the don’t want to have a debate. They leagues on the floor, and it looks as if States. That is directed at the indigent maybe there are, I will yield the floor. don’t want to vote on the amendments. population, principally. There are just I see my colleague from Tennessee. I But that is what it is all about. over 30 million people in it. It is a pro- say to my colleague from Tennessee, I We are not here to dodge; we are not gram that I think also has been very am delighted he is out here. I hope this here not to make difficult decisions. effective. is the beginning of a discussion. Then We are not here to not be willing to de- As a physician in Tennessee, I had we will have this legislation on the the opportunity, the blessed oppor- bate legislation that is important to floor soon. Let’s have the debate. Let’s tunity of taking care of hundreds and people’s lives. pass good legislation that will help I say to the majority leader and my people in our States. hundreds and hundreds of Medicaid pa- colleagues on the other side, it is true; I yield the floor. tients. But also, as you talk about we will have amendments. I have some The PRESIDING OFFICER. The Sen- States in the Medicaid program, there great amendments in my-not-so-hum- ator from Tennessee. is a lot of discussion of how we can im- ble opinion. Others may have a dif- prove it, how we can improve quality. f ferent view. That discussion needs to continue. It is The point is, that is what it is about. EXTENSION OF MORNING going on in every courthouse in every Bring the amendments to the floor. As BUSINESS State, every legislative body, every Democrats, we will discuss what we be- Mr. FRIST. Mr. President, I ask Governor’s office, every community lieve, we will talk about the legislation unanimous consent that morning busi- townhall right now.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13945 Then we have the third area, the non- individual patient. Again, I have had best plan. Is it a particular HMO? Is it governmental area, where this whole the opportunity to treat thousands, a point-of-service plan? Is it a provider- Patients’ Bill of Rights issue is one we probably tens of thousands, of these pa- sponsored organization? must address. tients. Those issues need to be ad- In the Patients’ Bill of Rights Plus I should say, because we have heard dressed, but I think they need to be ad- Act, we address that. Basically, we say so much to the contrary, we have a dressed in a more mature, more sophis- comparative information about health bill, the Republican bill. It is called the ticated, more thoughtful way. And we insurance coverage, not just for 48 mil- Patients’ Bill of Rights Plus. That was have done just that. The Republican lion people but for all 124 million introduced in the last Congress. That leadership bill is a bill that has been Americans covered by self-insured was talked about along with the Ken- debated in committee. It has been dis- plans and fully insured group plans, nedy-Daschle bill from last year. Both cussed. It is called the Patients’ Bill of must be made available. That compara- of those bills were brought into Con- Rights Plus Act. It basically has six tive information is important, because gress. It was the Republican bill which components to address this whole issue that is the only way an individual can was what we call ‘‘marked up.’’ That of health care and Patients’ Bill of really know whether plan A or plan B means it was taken to the Committee Rights and a few other things. or HMO A or managed care C or fee for on Health, Education, Labor and Pen- One is strong consumer protection service is best for them. sions, the Health Committee, the ap- standards. No, it does not include ev- Internal and external appeal rights: propriate committee. In that com- erybody. Why does it not just include This is the third component of the Pa- mittee, it was debated; it was talked everybody? Because about half, a little tients’ Bill of Rights Plus Act. Again, about. We probably had, I don’t know— over half of those people are already it is a very important aspect, because we started with about 40 amendments protected under State law. The States it says let’s fix the system, instead of in that committee about 3 or 4 months are doing a good job. I guess people can what some of the other proposals have ago on the Patients’ Bill of Rights bash the States and say the States introduced, which is let’s put lawyers Plus. They were debated. We had some don’t care, the Governors don’t care, and trial lawyers in there and let’s good debate. Some things we did not State legislatures don’t care, but I threaten to sue and that is going to debate and they need to be taken for- think they do care. We do not have any change the system. ward and further discussed. great ownership of concern in this What we say is, let’s fix the system. Mr. WELLSTONE. Will the Senator body, being the only ones who care. An example is, if as a member of a yield for a question? Our Governors do care and they have health care plan I have a question on Mr. FRIST. No, I will not. For the made great strides. coverage and I think a particular pro- last 2 hours I really had not had an op- So when it comes to emergency care, cedure should be covered, yet there is portunity to talk. If I can just finish prohibition of gag clauses, continuity some question about it, I can go to a my remarks? of care, access to obstetricians and person in that plan and say: Is this cov- Mr. WELLSTONE. I thought the Sen- gynecologists and pediatricians, access ered or not? They will say yes or no. If ator would yield for a question. to specialists—such as me, as a heart I disagree, I can contest that, and there Mr. FRIST. The issue is have we been surgeon—access to medications, con- is an internal appeals process where able to debate or talk about or discuss sumer protections, we say let’s apply that questioning can be taken care of this. Let’s remember through the ap- those to the unprotected, the people in a timely fashion. propriate senatorial committee process who are not protected now by State Our bill says, if that is the case in we have debated this very bill. We have law. That is about 48 million people. debated such things as consumer pro- We address issue No. 2, of compara- this internal appeals process and you tection standards. We have debated tive information. It is very confusing still disagree, you do not have to stop specialty care, access to specialists, today. It is confusing because we had there; there are options, and that is the continuity of care, emergency care, this evolution of managed care, which so-called external appeals process. choice of plans, access to medication, is a new concept. Mr. President, 15 or The external appeals process is set up access to specialists, grievance and ap- 20 years ago there was no such thing as in our Patients’ Bill of Rights Plus Act peals. These were introduced and we managed care. Yet right now, 80 per- to be independent, to be outside the talked about discrimination by insur- cent of all care delivered is through plan—that is why it is called external ance companies using genetic informa- managed care through networks and appeals—to be a physician or a medical tion, medical savings accounts. These through coordinated care. But nobody specialist reviewing that coverage deci- are all issues that have been debated. has the answer yet. We are not smart sion in the exact same field where the I, for one, as a physician, as a United enough to know exactly what is the coverage decision is in question. States Senator, as a chairman of the best way to manage that care. Internal appeals, external appeals. Subcommittee on Public Health, and as Some people think all managed care Let’s say you have gone through the a member of the Health, Education, is a staff model health maintenance or- internal appeals process and the exter- Labor, and Pensions Committee, have ganization, and there is a lot of anger nal appeals process, and a decision is been involved in those debates and in by the American people against health made by that independent medical re- those discussions. So when we have maintenance organizations. But let me viewer that the individual patient is people coming to the floor again and at least introduce the concept that co- right and the health care plan is again with so much rhetoric and so ordinated care, or organized delivery of wrong. That decision in our plan is much fire saying those bad Republicans care so there is an appropriate input of binding, and therefore you have to re- out there really just do not care, do resources, has a very good outcome ceive coverage under that plan. not want to talk about it, do not want today. That is because of the great dy- I walked through that because it is a debate, do not want to study the namism of our health care system. Be- an important part of the Patients’ Bill issues—let me just say that is abso- cause this is America, because we en- of Rights Plus Act and because that is lutely false. It is absolutely false. The courage innovative thought and cre- the component which fixes the system. American people need to know that. I ativity, we are still searching for the It fixes the system instead of having think the sort of rhetoric we have model, and we are probably not going this threat of lawsuits trying to put a heard this afternoon and over the last to come up with a one-size-fits-all system back into place but with no several days is clearly political points cookie-cutter model. We will probably guarantee. they want made. come up with a range of ways in which A fourth component of the Patients’ I would like us to come back and con- that coordinated care can be delivered. Bill of Rights Plus Act that has been tinue the debate, the important debate As we go through that process, it is talked about, that passed out of the on the issue of this nongovernmental very confusing to the consumer, to the Committee on Health, Education, sector, to make sure we consider that patient, to the individual, what is the Labor, and Pensions and has been sent

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13946 CONGRESSIONAL RECORD—SENATE June 23, 1999 to the floor, is a ban on the use of pre- people today by as many as a million. that patients have access to covered dictive genetic information. This par- Nobody has refuted that. specialty care to a heart surgeon, to a ticular aspect of the bill does apply to The third very important part of the pulmonologist, to an arthritis spe- 140 million Americans who are covered Patients’ Bill of Rights Plus Act that cialist within the network or, if nec- by self-insured and fully insured group passed through the Health, Education, essary, through contractual arrange- health plans, as well as the individual Labor, and Pensions Committee suc- ments outside of the network with spe- plans. I say 140 million people. I talked cessfully is that of consumer protec- cialists. It is in the bill. about the 39 million people in Medicare tions. Again, I keep hearing that the People say it is not in the bill. It is and over 30 million people in Medicaid, Patients’ Bill of Rights Plus Act does in the bill. What more can one say. and for the nongovernmental aspect, not do this for specialists, does not do That is why it is important to get rid the ban on the use of predictive genetic this for emergency care, does not offer of the rhetoric and go to the heart of information applies to all 140 million true point of service, and does not offer the matter—how we improve quality of people. true continuity of care. I have to take health care and access to health care, Why is that important? That is in the a few minutes and run through it. and put strong consumer protections in Republican bill. It is not in the Ken- Emergency care: Under our bill, so that the patients can work with the nedy bill. I believe it is an important plans will be required to use the so- health care plan to not sue somebody, aspect, because what it recognizes is called ‘‘prudent layperson’’ standard not empower trial lawyers, not to have that technology is changing, new tests for providing in-network and out-of- angry, rhetorical sort of comments but are being introduced almost daily with network emergency screening exams to improve health care, the quality of a genetic basis, in large part because of and stabilization. This prudent health care. the Human Genome Project which has layperson standard simply means, if This access to specialists, again, the introduced about 2 billion bits of infor- you are in a restaurant and somebody other side seems to ignore what is in mation that we simply did not know 4 begins choking, that makes sense as an the bill. I know they probably haven’t or 5 years ago and because of the in- emergency service. If you think you had a chance yet to read the bill, even vestments the Federal Government had are having a heart attack and it may though it has gone through the Health, made in medical science. be indigestion, or it may be a heart at- Education, Labor, and Pensions Com- The real problem is, with all of this tack and you go to the emergency mittee. It has been debated. Scores of new testing coming on board, there is room and you find it is indigestion, the amendments were introduced there. the potential for an insurance company initial screening exams and stabiliza- Well over a dozen, I know, were de- to discriminate against a patient, ei- tion would be taken care of. That is a bated and voted upon. In this access to specialists compo- ther to raise premiums or to basically very important component of our bill. nent, if the plan, under our bill, re- say, ‘‘We are not going to cover you.’’ No. 2, we have heard about pediatri- quires authorization by a primary care Therefore, in this Patients’ Bill of cians, obstetricians, gynecologists. provider, it must provide for an ade- Rights Plus Act, we put a ban on the Under our bill, health plans would be quate number of referrals to that spe- use of predictive genetic information, required to allow direct access to ob- cialist—I think that is an important which is a very important part of this stetricians, to gynecologists, and to pe- component—not just one referral where bill. diatricians for routine care without you have to go back to a gatekeeper, A fifth area that is in our bill, that gatekeepers, without referrals. back and forth, but if you are going to has passed through the Committee on Why is that the case? The reasons are have treatment by a specialist, that an Health, Education, Labor, and Pen- obvious. The pediatricians, obstetri- adequate number of referrals are made. EFFORDS cians, and gynecologists are in the sions under Senator J ’ leader- Choice of plans: How many times ship, is a real quality focus. The im- business of doing what we call in the have we heard: Our plan provides real pression is, we know what good quality medical field ‘‘primary care.’’ You choice and that Republican plan of care is and we know what bad qual- don’t need a gatekeeper. You shouldn’t doesn’t provide choice? ity of care is. All of us, after we see a have a gatekeeper. No managed care Let me tell you what our plan does. doctor, like to think we have good company, I believe, should require a Plans that offer network-only plans quality of care. For the most part, the gatekeeper in terms of access for obste- would be—I use the word ‘‘required’’ quality of care in our country is very tricians, gynecologists, and pediatri- again—required to offer enrollees the high. In truth, how we measure quality cians for routine care. option to purchase real point-of-service of care in this country as a science is Thirdly, this issue of continuity of coverage. And there can be an exemp- in its infancy. We are just learning care: I have heard it again and again. tion for the small employer out there. about it. When I was in medical school, In our bill, the Patients’ Bill of Rights Other health plans could potentially be there was no such field as outcomes re- Plus Act, plans who terminate physi- exempt if they offered two or more op- search, what is the outcome after a cians or do not renew physicians from tions. particular procedure. their networks would allow continued People may say, why would you ex- Mr. President, the Patients’ Bill of use of that physician, of that provider, empt somebody from offering a point- Rights Plus Act, as we have heard, has at the exact same payment or cost- of-service plan if they have two other been debated in the Health, Education, sharing arrangement as before in the health care plans? The reality is, if you Labor, and Pensions Committee and plan for up to 90 days. If the enrollee is offer health care plan A and plan B, passed successfully by a majority of receiving any type of institutional care and they are different providers, with members and sent to the Senate. It is or is terminally ill, or if they happened different physicians and different a bill that has really six different com- to be pregnant and there is termi- nurses in plan A than there are in plan ponents. nation or nonrenewal of your physician B, then you do have a choice among It addresses, I believe, the funda- with that plan, you would be covered plans. Therefore, you don’t have to re- mental challenge that we have; that is, through the pregnancy through that quire a very specific out-of-network, to improve the quality of health care, postpartum care. That gives security point-of-service option. real quality of health care for individ- to the patients. That is why it is im- This whole consumer protection field uals; to improve access to health care, portant to have this very important is an important component, and this something that I believe is very impor- consumer protection standard. was actually improved in what we call tant. The Kennedy bill does the oppo- Access to specialists: I have heard all markup in the Health, Education, site. Instead of improving access, di- day long and over the last several days Labor, and Pensions Committee—ac- minishing the number of uninsured, his that the Republican bill doesn’t give cess to medications, to make sure if bill does just the opposite. It drives you access to specialists. Let me tell you are in a health care plan that of- people to the ranks of the uninsured, you what it does. Health plans would fers certain coverage, you have access increasing the number of uninsured be required, under our bill, to ensure to the appropriate medicines.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13947 What is in our plan is as follows: what in the world is the delay in bring- We do not have the insurance indus- Health plans that do provide pre- ing it before this body? try’s managed care plans dominate— scription drugs through a formulary Again, what I am saying is self-evi- unlike the Republican plan. would be required to ensure the partici- dent. If my colleagues on the Repub- In the Democratic plan, we do have a pation of people who understand clin- lican side think this is such good legis- real point-of-service option where peo- ical care—physicians and phar- lation, why the delay? Why the delay ple are given a choice. It drives people macists—in developing and reviewing and the delay? crazy when their employer shifts plans that formulary. The only reason we are fighting it and all of a sudden—they had been tak- That is important. As a physician, out on an ag appropriations bill is that ing their child to a family doctor—they you don’t want bureaucrats putting we want to make it crystal clear we can no longer take that child to that formularies together, but people who are here to represent the people in our doctor. Does the Republican plan as- understand clinical care. Therefore, States. This piece of legislation which sure they will be able to do so? No. that bill was improved to say that phy- my colleague from Tennessee has When are we going to make sure that sicians and pharmacists must be in- talked about—I was in the markup on consumers really do have some due volved. that bill, which is when we write a bill process? I heard my colleague from In addition, in our bill, plans would in committee—has holes like Swiss Tennessee talk about an internal ap- also be required to provide for excep- cheese. No wonder they do not want to peals process. That is within the man- tions from the formulary limitation bring this bill to the floor. aged care plans, most of which are when a nonformulary alternative is They have about a third of the people dominated, owned, by these large in- medically necessary and appropriate. I covered. I will start out with the ques- surance companies. think that is an important part of the tion of who is covered and who is not We are talking about a strong exter- bill because, as you can imagine, in a covered. Their bill covers 48 million nal appeals process. I say to my col- formulary you can’t predict and put on people. The Democratic bill covers 163 league from Wisconsin, we are talking every single medicine for every single million people. about somewhere that a consumer can disease. Therefore, there must be My colleague says it is the States. go and make an appeal. We are talking enough flexibility to give alternatives Why should a child or a family in one about an ombudsman program where if what is in that formulary is not—I State, i.e. like Mississippi, not have you have an office, you have a tele- use these words because it is in the bill any protection because he or she lives phone number, you have advocates to —medically necessary and appropriate. in Mississippi but have protection in call. Do my Republican colleagues These are just some of the consumer Minnesota or Wisconsin? Does that want to do this? No. protections that are part of the bill. I make any sense? Why should a small Specialists who can coordinate care. think it is important to stress those. businessperson in Mississippi or a Your child needs to see a pediatrician Others that are in the bill include farmer in Mississippi not have any cov- who specializes in oncology because issues surrounding behavioral health, erage whatsoever but have some kind your child is struggling with cancer. issues surrounding gag clauses. Again, of protection in Wisconsin or Min- Do we make sure you have access to it is inexcusable that a managed care nesota? that specialist? Yes. Does the Repub- company would come forward to a phy- I would love to have that debate. I lican plan make sure that you—a fam- sician and say: Physician, for you to be would love to have my Republican col- ily in Minnesota or Michigan—have ac- a member of our HMO or our managed leagues talk about why they only want cess to that specialist you so des- care, you cannot and should not discuss to cover about a third of the people in perately need for your child? No. the full range of alternatives of treat- the country. My colleagues come out on the ment and care with the patient. That I would love for them to defend the floor—again, with the Senator from has to be prohibited. proposition that many families will re- Tennessee that makes four Republicans In our bill, in terms of gag rules, ceive no protection whatsoever, vis-a- who have been out here today—16 plans would be prohibited from includ- vis these large insurance companies Democrats. They can come out, and ing any type of gag rules in doctor con- that practice this bottom-line medi- they can give a speech and say: Well, tracts, physician contracts, provider cine which basically say, when people we have a bill, and it’s a very good bill. contracts, or restricting providers from want access to specialists they need, But you know what. If it is such a good communicating with patients about specialists for their children, special- bill, bring it out to the floor. If you treatment options. No more gag rules. ists for women, they are not going to have such a good proposal, bring it out The Patients’ Bill of Rights Plus Act have access and there is not going to be to the floor. Let’s debate this. We have is a piece of legislation that we have any protection for them, because they had enough delay. That is all we have all worked very hard on over the last do not live in the right State. Let’s de- had—delay, delay, delay. year, year and a half. It has gone bate that. Emergency room access is really im- through the process that has been set There are 200 consumer, patient, and portant. I heard my colleague talk up in terms of debate and in terms of provider organizations that support the about that. But I say to the American improving the bill in the Health, Edu- Democratic Patients’ Bill of Rights people, Minnesotans, when you get a cation, Labor, and Pensions Com- legislation; not any that I can identify, chance to carefully examine the ‘‘Re- mittee. It is a bill that I look forward except for the insurance industry, that publican Insurance Company Protec- to having on the floor so we can debate support the Republican plan. tion Act’’—that is what I call it—you it and improve it over time, and make Surely these consumer organizations will find out there is a little bit of pro- sure that we have a real balance be- and the providers, the caregivers, know tection for emergency room access but tween the rights of a patient versus the something about this topic. Surely it is not really strong. Our plan does rights of managed care. they have a position that is important. not equivocate at all. We make sure The PRESIDING OFFICER (Mr. But I do not see any support for this you have that access. We make sure it ABRAHAM). The Senator’s time has ex- Republican plan. is covered. You get to keep your doctor pired. The Democratic plan protects all pa- throughout treatment. The Republican The Senator from Minnesota. tients with private insurance; the Re- plan gives you a little bit of protection. Mr. WELLSTONE. Mr. President, I publican plan, no. We think you should have complete say to my colleague from Tennessee, if The Democratic plan holds these protection. my colleague believes this legislation health insurance plans accountable; I tell you, this has gone on long the Republicans introduced in com- the Republican plan, no. enough. My challenge to my Repub- mittee—and I am on the same com- In the Democratic plan, we make lican colleagues is, if you think your mittee—is such a great piece of legisla- sure that the physicians, the doctors, plan is so good—and I certainly believe tion protecting patients’ rights, then the nurses, define ‘‘medical necessity.’’ you operate in good faith; you have to

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13948 CONGRESSIONAL RECORD—SENATE June 23, 1999 believe it is a good plan or why would Mr. BINGAMAN addressed the Chair. ists. That is an issue I know came up you write it—then bring it out here. The PRESIDING OFFICER. The Sen- when we had the debate in the Health We have to have the debate. We have ator from New Mexico. and Education Committee. An amend- amendments. We are committed to Mr. BINGAMAN. Mr. President, I ment was offered to correct that. I be- making sure there is good patient pro- want to speak for just a few minutes. lieve Senator HARKIN offered that tection legislation passed by this Sen- What is the status of business in the amendment; it was not successful. I be- ate. We are ready for the debate. Senate? lieve it is a very important issue that We would love to debate a plan that The PRESIDING OFFICER. The Sen- needs to be revisited on the Senate covers only one-third of the Americans ator from New Mexico should be in- floor. in our country. We would love to de- formed we are in morning business and There are many people who need the bate a plan that does not assure a fam- there are 4 minutes remaining under care of a specialist. Whether it is a pe- ily with a child who is gravely ill that the control of the Democratic side. diatrician, whether it is an oncologist, that child will have access to the best PRIVILEGE OF THE FLOOR whatever the specialty is, those people care available, to the best care that is Mr. BINGAMAN. Mr. President, I ask should not have to go through a family there. We would love to debate that unanimous consent that Robert Men- practitioner prior to going to that spe- plan. We would love to debate a plan doza, a fellow in my office, be granted cialist. We would try to correct that in that does not provide consumers with a floor privileges during my remarks. the legislation as well. real choice to be able to go out and get The PRESIDING OFFICER. Without There are many other concerns we the very best care they need for their objection, it is so ordered. have with the bill that came out of the loved ones. We would love to debate a Mr. BINGAMAN. I would like to use Health and Education Committee. I plan that does not give consumers the those 4 minutes to say a few things hope very much we get a full debate in right to really challenge some of these about the Patients’ Bill of Rights and the Senate on the deficiencies of that bean counters, some of these managed the importance of the issue to a great bill. I hope we get a chance to amend care plans owned by these large insur- many people in my State and around that bill. ance industries. We would love to de- the country. The American people have been anx- bate the ‘‘Republican Insurance Com- I think it is clear, from surveys I ious to see reform in this area now for pany Protection Plan’’ versus our pa- have seen, the American people want two Congresses that I am aware of. I tient protection plan. reform of this system of managed care think for us to continue to delay and But, again, I am on the floor, and and health maintenance organizations. put off and evade this issue is not the now another speech has been given; but There are a great many instances that responsible course for us to follow. Our I have nobody to debate. I asked if any- have been called to our attention in constituents, the people we represent one wanted to yield for questions. They our home States. I have heard of them in our States, expect better of us. do not want to yield for questions. in New Mexico, where people think the The people I represent in New Mexico Let’s debate this. It will not be a bitter quality of care and the adequacy of expect me to do something about these debate. It will not be a debate with ha- care they are being provided with is very real problems they believe exist. tred. But you know what. It is going to not what it should be. In New Mexico, under the Republican be serious. It is a pretty important Without passage of some type of bill that was reported out of the Health question for families in our country. It meaningful managed care reform, crit- and Education Committee, there are is pretty important to people. ical health care services will continue In case anybody has not noticed—I almost 700,000 people who will not have to be denied to many of the people we imagine every Senator has; all you substantive protections. In my State, represent. One of the issues I believe is have to do is spend 1 minute in your there are 350,000 people who will not be very important is what is referred to as State—people are really getting fed up covered at all if we pass the bill that provider nondiscrimination. We need a with this. They do not much like the came out of committee. managed care health system that does way in which the insurance industry Mr. President, I see my time is up. I not permit health plans to leave out dominates health care. They do not appreciate the opportunity to make nonphysician providers. I am talking much like the fact that they believe comments, and I yield the floor. about groups of health care providers they have just been left out of the loop. Mr. SMITH of New Hampshire ad- You know what else. The caregivers— such as nurse practitioners, psycholo- dressed the Chair. the doctors and nurses—feel the same gists, nurse midwives, leaving those The PRESIDING OFFICER. The Sen- way. people out of the network so that pa- ator from New Hampshire. It is time that we pass legislation tients of these health maintenance or- f with teeth. The Republican plan, the ganizations, customers of these health maintenance organizations are denied EXTENSION OF MORNING ‘‘Insurance Company Protection Plan,’’ BUSINESS pretends that it is a patient protection the ability to obtain their health care act. It is full of loopholes. It is Swiss from those types of individuals. Mr. SMITH of New Hampshire. Mr. cheese legislation. It is hard to defend In New Mexico, this is a critical con- President, I ask unanimous consent to it. cern. We have a shortage of physicians extend morning business for 15 minutes I can understand why my colleagues in our State. It is, in many parts of our under the previous conditions. do not want to defend it. I can under- State, very difficult to get health care, The PRESIDING OFFICER. Is there stand why they do not want to debate. if you are required by your HMO to ob- objection? Without objection, it is so I can understand why they have tain that health care through a physi- ordered. blocked our efforts, so far, to bring pa- cian. f What we would like to do as part of tient protection legislation to the CHANGE OF VOTE floor. But I am telling you something: the bill, which we hope to get to vote People in the country are demanding on in the next week or so, is to ensure Mr. SMITH of New Hampshire. Mr. that we pass this legislation. that health maintenance organiza- President, yesterday on vote No. 180, We are on a mission. The Democrats tions, where these people are qualified which was the State Department au- are on a mission. We are going to bring and certified, permit nonphysician thorization bill, in that legislation was these amendments to the floor. We are health care providers to participate in $819 million in U.N. back payments going to insist there be a good, strong, these networks. that the United States would pay to honest debate; and we are going to do This is a critical concern in my the U.N. In addition, there was $107 well by the people we represent. State. I am sure it is a critical concern million the U.N. owed to the United I would be pleased to debate anybody, in many States. States that was forgiven. but in the absence of anyone to debate, Another issue that clearly needs to I was unaware that those provisions I yield the floor. be addressed here is access to special- were in the legislation, and I voted yea.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13949 Had I been aware of this, I would have listened while he spoke about the dividends that are essential to long- voted nay. corps, the moving of his office down term peace and stability throughout Therefore, I ask unanimous consent from the ‘barbed wire surrounded hill the world. that I be permitted to change my vote. of the Naval Annex’ to the corridors of Indeed, the accomplishments of CTR This will in no way change the out- the Pentagon, and the corps’ efforts are a more cost effective means to en- come of the vote. and ability to turn young men and hancing national security than any I The PRESIDING OFFICER. Is there women into marines. know. Between 1992 and 1999, the Nunn- objection? Without objection, it is so Let me tell you, they were impressed. Lugar programs have eliminated the ordered. They were impressed with his position, potential for nuclear threats from Mr. SMITH of New Hampshire. I yield they were impressed with his efforts, former members of the Soviet Union the floor. they were impressed with his commit- including Kazakhstan, Ukraine, Mr. FRIST. Mr. President, I suggest ment, and they were impressed with Belarus, and Uzbekistan. For $2.7 bil- the absence of a quorum. the man. lion that the United States has spent The PRESIDING OFFICER. The I have also had correspondence with on CTR since 1992, a bit more than the clerk will call the roll. General Krulak relating to our work on cost of a single B–2 bomber, there are The assistant legislative clerk pro- S. 4, and for the process of preparing now 1,538 fewer nuclear warheads avail- ceeded to call the roll. the defense authorization. He consist- able for use against the U.S. or our al- Mr. GRASSLEY. Mr. President, I ask ently strikes me as a man who is well lies. The Russians have eliminated 50 unanimous consent that the order for aware of the challenges his position missile silos and 254 intercontinental the quorum call be rescinded. holds, and works to meet them. ballistic missiles. In addition, we are in The PRESIDING OFFICER. Without He has been straightforward and de- the process of dismantling some 30 objection, it is so ordered. pendable. Hearing testimony from him strategic ballistic missile submarines Mr. GRASSLEY. Mr. President, I ask at committee hearings is always a that formerly threatened the United unanimous consent to speak as in pleasure. He does not rattle off bland States from deep ocean sites. So far, morning business. platitudes. I felt that I could always U.S. and Russian teams have disman- The PRESIDING OFFICER. Without rely on his opinion to be the truest pos- tled 148 missile launch tubes on those objection, it is so ordered. sible interpretation of the situation, submarines and 30 sea-launched bal- (The remarks of Mr. GRASSLEY per- and one that held the best interests of listic missiles. CTR programs have taining to the introduction of S. 1271 the country at the foremost. eliminated more than 40 Russian stra- are located in today’s RECORD under Mr. President, let me end by repeat- tegic bombers that used to be within ‘‘Statements on Introduced Bills and ing: General Krulak has been fun- hours of American military and civil- Joint Resolutions.’’) damentally good for this country. I ian targets. Collectively, those actions f wish him well in whatever new course under CTR have ensured that Russia he sets for himself. has met and continues to meet its trea- MILITARY CHANGE OF COMMANDS Also, I would like to welcome Gen. ty obligations under the Strategic Mr. ALLARD. Mr. President, in the James Jones into his role as the 32d Arms Reduction Treaty, START. More June edition of Leatherneck magazine, Commandant of the Marine Corps. I important, they have significantly cut the Commandant of the Marine Corps, have met with him only very briefly, back on the potential threat posed by Gen. Charles Krulak, quotes his father but I look forward to working with those weapons to the United States, as saying: ‘‘The American people be- him. I am sure he will follow in the our allies, and our worldwide security lieve that Marines are downright good able footsteps of all the past U.S. Ma- interests. for the country.’’ rine Corps Commandants, and serve the The Cooperative Threat Reduction Mr. President, I agree with the Com- Marines and America admirably. program extends beyond the elimi- mandant’s father. And I am pleased f nation of nuclear weapons and their General Krulak also holds that well means of delivery. Funds for this pro- founded opinion. The U.S. Marine COOPERATIVE THREAT REDUC- gram are allocated to ensure the safe Corps is collectively good for this TION AGREEMENT EXTENSION transportation, storage, security, ac- country, and the services of individual Mr. BINGAMAN. Mr. President. I counting, and monitoring of strategic marines such as General Krulak are a take the opportunity today to call to and tactical nuclear weapons scheduled big part of that positive contribution the attention of Members of the Senate for destruction and for weapons grade made by the corps. and to the American people a very im- nuclear materials from weapons that Unfortunately, the title of the article portant event that took place last have been dismantled. I have visited in which General Krulak quoted his fa- week but was not widely publicized. On Russia and personally observed imple- ther was ‘‘A farewell to the Corps.’’ Wednesday, June 16, representatives mentation of the Department of Ener- General Krulak will be retiring after 4 from the Department of Defense and gy’s Materials Protection, Control, and years from his position as Com- Russia’s Ambassador to the United Accounting program which enhances mandant at the end of this month. States, Mr. Yuri Ushakov, signed an day-to-day security at dozens of nu- I would like to thank him for his agreement extending the Cooperative clear sites across Russia. I remain service and efforts on behalf of his Threat Reduction (CTR) program spon- deeply concerned that without that as- corps and his nation. sored in 1991 by our distinguished col- sistance, the possibility of smuggling Although I have been on the Armed leagues, Senator Sam Nunn and Sen- nuclear materials into the wrong hands Services Committee a short 6 months, I ator RICHARD LUGAR. The agreement is a serious possibility that could have had several good experiences with signed last week extends the Nunn- threaten the entire world. the Commandant. Lugar threat reduction programs for 7 Looking toward the future, funds I think the most notable was in May years until 2006. That extension will from CTR are helping to convert Rus- of this year, when a large group of my build upon the critical work already sia’s reactors that produce plutonium constituents were taking a tour of the accomplished that has reduced Russia’s to eliminate that capability. Ulti- Pentagon, and the Commandant in- military threat to the United States mately, the cutoff of production of vited them into his office. He said then and our allies more effectively than fissile materials is the tool by which that he usually tries to do something any other measures undertaken since we can help prevent the proliferation of similar—bring tourists into his per- the end of the Cold War. In the context nuclear materials from becoming an sonal office—everyday. I do not think of these uncertain times and Russia’s even greater problem than it is today. Krulak was fully aware of what he was uncertain future, the investments Conversion of Russia’s nuclear produc- getting himself into, but all 50 or so made through Cooperative Threat Re- tion capability is a key part of address- crowded their way into his office, and duction programs promise to yield ing that problem.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13950 CONGRESSIONAL RECORD—SENATE June 23, 1999 The Cooperative Threat Reduction will bring once President Yeltsin One year ago, June 22, 1998, the Fed- program also assists the Russians in leaves office. Everyone is aware that a eral debt stood at $5,496,660,000,000 meeting obligations assumed under the deep reservoir of distrust and fear ex- (Five trillion, four hundred ninety-six Chemical Weapons Convention we rati- ists among Russian citizens, officials, billion, six hundred sixty million). fied in the Senate two years ago. Under and military personnel concerning the Five years ago, June 22, 1994, the Fed- this program, the United States has as- United States and NATO. We have done eral debt stood at $4,597,075,000,000 sisted Russia in planning the construc- much in the past couple of years to (Four trillion, five hundred ninety- tion of a chemical weapons destruction feed those fears and anxieties, thereby seven billion, seventy-five million). facility needed to destroy the large generating hostility that could threat- Ten years ago, June 22, 1989, the Fed- volume of aging chemical munitions in en to reawaken Cold War tensions. On eral debt stood at $2,781,401,000,000 (Two their inventory. Funds are essential to the other hand, we have established trillion, seven hundred eighty-one bil- keep this program moving forward in critical relationships that could weigh lion, four hundred one million) which order to ensure that we can reduce the against such a reprise through pro- reflects a debt increase of more than $2 threat of proliferation of chemical grams such as CTR. The impending trillion—$2,812,111,029,751.90 (Two tril- weapons and their use against our se- post-Yeltsin debate within Russia re- lion, eight hundred twelve billion, one curity interests. I am aware that some garding its future direction must in- hundred eleven million, twenty-nine in the Congress believe that Russia has clude the voice of cooperation rather thousand, seven hundred fifty-one dol- not shouldered its responsibilities than confrontation as the way to peace lars and ninety cents) during the past under this and other CTR programs, and stability. The Cooperative Threat 10 years. but I prefer to consider such matters Reduction program has built a con- f from our own selfish security point of stituency in Russia to articulate that 1997 ANNUAL REPORT OF THE view. To the extent that we are able to voice. I salute its sponsors, Senators UNITED STATES NUCLEAR REGU- purchase or finance reductions to Rus- Nunn and LUGAR for their visionary LATORY COMMISSION—MESSAGE contribution, and celebrate its exten- sian military capabilities that directly FROM THE PRESIDENT—PM 39 threaten us, those are funds well spent. sion into the next millennium. I When Russians are able and agree to strongly encourage my colleagues to The PRESIDING OFFICER laid be- provide funding or support in kind for continue to support CTR and related fore the Senate the following message from the President of the United CTR programs, so much the better. programs through the ebbs and flows of I would like to point out an addi- U.S.-Russian relations. The prospects States, together with an accompanying tional benefit to the Nunn-Lugar pro- for long term global peace and sta- report; which was referred to the Com- grams that is not often recognized or bility will be the better for it. mittee on Environment and Public Works. understood. I am certain that the f Members of this body can recall the SENATE INACTION ON THE COM- To the Congress of the United States: As required by section 307(c) of the perceptions shared by many Americans PREHENSIVE NUCLEAR TEST Energy Reorganization Act of 1974 (42 concerning the government and people BAN TREATY of the Soviet Union during the Cold U.S.C. 5877(c)), I transmit herewith the War. I need not remind us of the Mr. DORGAN. Mr. President, it is the Annual Report of the United States unbridgeable gap that existed between responsibility of the Senate Foreign Nuclear Regulatory Commission, which our governments, our political sys- Relations Committee to consider trea- covers activities that occurred in fiscal tems, and our cultures. In the wake of ties submitted by the President as soon year 1997. the Cold War, however, many of those as possible after their submission. Nor- WILLIAM J. CLINTON. gaps have been bridged and important mally, most treaties are considered THE WHITE HOUSE, June 23, 1999. bonds have been forged between our within a year of being submitted. The f President of the United States trans- two countries and citizens. Thousands MESSAGES FROM THE HOUSE of American and Russian technical and mitted the Comprehensive Nuclear support personnel have built a founda- Test Ban Treaty to the Senate on Sep- At 11:51 a.m., a message from the tion of trust and understanding tember 23, 1997. House of Representatives, delivered by The Senate Foreign Relations Com- one of its reading clerks, announced through their cooperative efforts under mittee has not held a single hearing on that the House has passed the fol- the CTR program. I firmly believe that this important Treaty in the 639 days lowing bills, in which it requests the those bonds will pay dividends and since the President sent the CTBT to concurrence of the Senate: serve the long-term interests of peace- the Senate for its consideration. In ful relations between our two coun- H.R. 659. An act to authorize appropria- comparison, the START I Treaty was tions for the protection of Paoli and Brandy- tries—particularly if we in the United ratified in 11 months, the SALT I Trea- wine Battlefields in Pennsylvania, to direct States continue to hold the course in ty in 3 months, the Conventional the National Park Service to conduct a spe- supporting CTR and other cooperative Armed Forces in Europe Treaty in 4 cial resource study of Paoli and Brandywine programs such as the Initiative for months, and the Limited Nuclear Test Battlefields, to authorize the Valley Forge Proliferation Prevention, the Nuclear Museum of the American Revolution at Val- Ban Treaty in 3 weeks. ley Forge National Historic Park, and for Cities Initiative, and the Russian As of today, 152 countries have signed American Cooperative Satellite pro- other purposes. the CTBT, including Russia and China, H.R. 1175. An act to locate and secure the gram. Key Russian personnel in imple- and 37 countries have ratified the Trea- return of Zachary Baumel, a United States menting those programs have come to ty. The world is waiting for the United citizen, and other Israeli soldiers missing in know Americans with whom they fre- States to lead on this issue. I hope my action. quently meet and vice versa. I have colleagues will urge for this Treaty’s H.R. 1501. An act to amend the Omnibus spoken personally with many Russians rapid consideration. Crime Control and Safe Streets Act of 1968 to and Americans who are directly in- provide grants to ensure increased account- f volved in these programs all of whom ability for juvenile offenders; to amend the THE VERY BAD DEBT BOXSCORE Juvenile Justice and Delinquency Preven- share the same conviction that co- tion Act of 1974 to provide quality prevention operation is the key to a peaceful fu- Mr. HELMS. Mr. President, at the programs and accountability relating to ju- ture. close of business yesterday, Tuesday, venile delinquency; and for other purposes. These are very uncertain times. We June 22, 1999, the Federal debt stood at f are at a crucial juncture in our rela- $5,593,512,029,751.90 (Five trillion, five tions with Russia that could determine hundred ninety-three billion, five hun- MEASURES REFERRED the direction of the global political cli- dred twelve million, twenty-nine thou- The following bills were read the first mate for many years to come. No one sand, seven hundred fifty-one dollars and second times by unanimous con- is certain what the future of Russia and ninety cents). sent and referred as indicated:

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13951 H.R. 659. An act to authorize appropria- law, a report relative to a vacancy in the De- Amounts for New Technology; Intraocular tions for the protection of Paoli and Brandy- partment of Labor; to the Committee on Lenses Furnished by Ambulatory Surgical wine Battlefields in Pennsylvania, to direct Health, Education, Labor, and Pensions. Centers’’ (HCFA–3831–F), received June 22, the National Park Service to conduct a spe- EC–3907. A communication from the Sec- 1999; to the Committee on Finance. cial resource study of Paoli and Brandywine retary of Health and Human Services, trans- EC–3918. A communication from the As- Battlefields, to authorize the Valley Forge mitting, pursuant to law, a report relative to sistant Administrator for Fisheries, National Museum of the American Revolution at Val- the Refugee Resettlement Program for fiscal Marine Fisheries Service, National Oceanic ley Forge National Historic Park, and for year 1997; to the Committee on the Judici- and Atmospheric Administration, Depart- other purposes; to the Committee on Energy ary. ment of Commerce, transmitting, pursuant and Natural Resources. EC–3908. A communication from the Under to law, the report of a rule entitled ‘‘Finan- H.R. 1175. An act to locate and secure the Secretary of Defense for Acquisition and cial Assistance for Research and Develop- return of Zachary Baumel, a United States Technology, transmitting, pursuant to law, a ment Projects to Strengthen and Develop citizen, and other Israeli soldiers missing in report entitled ‘‘Defense Environmental the U.S. Fishing Industry—Notice of Solici- action; to the Committee on Foreign Rela- Quality Program Annual Report’’ for fiscal tation for Applications’’ (RIN0648–ZA09), re- tions. year 1998; to the Committee on Armed Serv- ceived June 22, 1999; to the Committee on ices. Commerce, Science, and Transportation. f EC–3909. A communication from the Comp- EC–3919. A communication from the As- MEASURE PLACED ON THE troller of the Currency, transmitting, pursu- sistant Administrator for Fisheries, National CALENDAR ant to law, the annual report for fiscal year Marine Fisheries Service, National Oceanic 1998 and an opinion letter and corporate deci- and Atmospheric Administration, Depart- The following bill was read the first sions relative to state law with respect to ment of Commerce, transmitting, pursuant and second times and placed on the cal- national banks; to the Committee on Bank- to law, the report of a rule entitled ‘‘Exten- endar: ing, Housing, and Urban Affairs. sion of Expiration Date of an Emergency In- H.R. 1501. An act to amend the Omnibus EC–3910. A communication from the Dep- terim Rule (Established additional observer Crime Control and Safe Streets Act of 1968 to uty General Counsel, Small Business Admin- coverage requirements for the 20 catcher/ provide grants to ensure increased account- istration, transmitting, pursuant to law, the processor vessels and established in-season ability for juvenile offenders; to amend the report of a rule entitled ‘‘Business Loan Pro- authority to manage the non-pollock harvest Juvenile Justice and Delinquency Preven- gram’’ (FR Doc. 99–12100, published in 64 FR limitations required under the American tion Act of 1974 to provide quality prevention 26273, May 14, 1999), received June 22, 1999; to Fisheries Act)’’ (RIN0648–AM06), received programs and accountability relating to ju- the Committee on Small Business. June 22, 1999; to the Committee on Com- venile delinquency; and for other purposes. EC–3911. A communication from the Dep- merce, Science, and Transportation. uty General Counsel, Small Business Admin- EC–3920. A communication from the Acting f istration, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Do- report of a rule entitled ‘‘Small Business mestic Fisheries Division, National Marine EXECUTIVE AND OTHER Size Standards; Engineering Services, Archi- Fisheries Service, National Oceanic and At- COMMUNICATIONS tectural Services, Surveying, and Mapping mospheric Administration, Department of The following communications were Services’’ (FR Doc. 99–12267, published in 64 Commerce, transmitting, pursuant to law, laid before the Senate, together with FR 26275, May 14, 1999), received June 22, the report of a rule entitled ‘‘Commercial accompanying papers, reports, and doc- 1999; to the Committee on Small Business. Quota Harvested for Summer Period for the EC–3912. A communication from the Dep- Scup Fishery’’ (RIN0648-AL74 for final speci- uments, which were referred as indi- uty General Counsel, Small Business Admin- fications), received June 22, 1999; to the Com- cated: istration, transmitting, pursuant to law, the mittee on Commerce, Science, and Transpor- EC–3899. A communication from the Under report of a rule entitled ‘‘Disaster Loan Pro- tation. Secretary of Defense, transmitting pursuant gram; Correction’’ (FR Doc. 99–6856, 3/19/99, 64 EC–3921. A communication from the As- to law, the report of a violation of the FR 13667), received June 22, 1999; to the Com- sistant General Counsel for Regulations, Antideficiency Act, case number 97–01; to the mittee on Small Business. Special Education and Rehabilitative Serv- Committee on Appropriations. EC–3913. A communication from the Dep- ices, Department of Education, transmitting, EC–3900. A communication from the Sec- uty General Counsel, Small Business Admin- pursuant to law, the report of a rule entitled retary of Transportation, transmitting a re- istration, transmitting, pursuant to law, the ‘‘Assistance to States for the Education of port entitled ‘‘Buckle Up America: The Pres- report of a rule entitled ‘‘Surety Bond Guar- Children with Disabilities Program’’ idential Initiative for Increasing Seat Belt antees’’ (FR Doc. 99–9268, 4/13/99, 64 FR 18324), (RIN1820-AB40), received June 21, 1999; to the Use Nationwide’’; to the Committee on Ap- received June 22, 1999; to the Committee on Committee on Health, Education, Labor, and propriations. Small Business. Pensions. EC–3901. A communication from the Ad- EC–3914. A communication from the Dep- EC–3922. A communication from the Attor- ministrator, National Highway Traffic Safe- uty General Counsel, Small Business Admin- ney, General and Administrative Law, Office ty Administration, Department of Transpor- istration, transmitting, pursuant to law, the of the General Counsel, Federal Energy Reg- tation, transmitting, pursuant to law, a re- report of a rule entitled ‘‘Business Loan Pro- ulatory Commission, transmitting, pursuant port entitled ‘‘Status of NHTSA Plan for gram’’ (FR Doc. 99–559, 1/13/99, 64 FR 2115. to law, the report of a rule entitled ‘‘Update Side Impact Regulation Harmonization and Also see correction: FR Doc. 99–12574, 5/20/99, of the Federal Energy Regulatory Commis- Upgrade’’; to the Committee on Appropria- 64 FR 27445), received June 22, 1999; to the sion’s Fees Schedule for Annual Charges for tions. Committee on Small Business. the Use of Government Lands’’ (RM86-2-000), EC–3902. A communication from the Sec- EC–3915. A communication from the Fed- received June 22, 1999; to the Committee on retary of Transportation, transmitting, pur- eral Register Liaison Officer, Regulations Energy and Natural Resources. suant to law, a report relative to the Office and Legislation Division, Office of Thrift Su- EC–3923. A communication from the Attor- of Inspector General audit recommendations pervision, Department of the Treasury, ney, General and Administrative Law, Office for the period ending March 31, 1999; to the transmitting, pursuant to law, the report of of the General Counsel, Federal Energy Reg- Committee on Governmental Affairs. a rule entitled ‘‘Branch Closings’’, received ulatory Commission, transmitting, pursuant EC–3903. A communication from the Treas- June 21, 1999; to the Committee on Banking, to law, the report of a rule entitled ‘‘Annual urer, National Gallery of Art, transmitting, Housing, and Urban Affairs. Update of Filings Fees’’ (RM98-15-000), re- pursuant to law, the annual report for fiscal EC–3916. A communication from the Chair- ceived June 22, 1999; to the Committee on years 1997 and 1998; to the Committee on man and Chief Executive Officer, Farm Cred- Energy and Natural Resources. Governmental Affairs. it Administration, transmitting, pursuant to EC–3924. A communication from the Attor- EC–3904. A communication from the Sec- law, the report of a rule entitled ‘‘Loan Poli- ney, General and Administrative Law, Office retary of Education, transmitting, pursuant cies and Operations; Leasing; General Provi- of the General Counsel, Federal Energy Reg- to law, a report relative to a vacancy in the sions; Accounting and Reporting Require- ulatory Commission, transmitting, pursuant Department of Education; to the Committee ments’’ (RIN3052–AB63), received June 21, to law, the report of a rule entitled ‘‘Stand- on Health, Education, Labor, and Pensions. 1999; to the Committee on Agriculture, Nu- ards for Business Practices of Interstate Nat- EC–3905. A communication from the Sec- trition, and Forestry. ural Gas Pipelines’’ (RM96-1-009; Order No. retary of Education, transmitting, pursuant EC–3917. A communication from the Dep- 587-1), received June 22, 1999; to the Com- to law, a report relative to a vacancy in the uty Executive Secretary, Health Care Fi- mittee on Energy and Natural Resources. Department of Education; to the Committee nancing Administration, Department of EC–3925. A communication from the Attor- on Health, Education, Labor, and Pensions. Health and Human Services, transmitting, ney, General and Administrative Law, Office EC–3906. A communication from the Sec- pursuant to law, the report of a rule entitled of the General Counsel, Federal Energy Reg- retary of Labor, transmitting, pursuant to ‘‘Medicare Program; Adjustment in Payment ulatory Commission, transmitting, pursuant

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13952 CONGRESSIONAL RECORD—SENATE June 23, 1999 to law, the report of a rule entitled ‘‘Project the United States and Congress make the $1 monwealth of Pennsylvania relative to the Cost and Annual Limits’’ (RM96-19-000), re- billion of Federal moneys already earmarked municipal waste; to the Committee on Envi- ceived June 22, 1999; to the Committee on for abandoned mine land reclamation avail- ronment and Public Works. Energy and Natural Resources. able to states to clean up and make safe HOUSE RESOLUTION NO. 192 EC–3926. A communication from the Sec- abandoned mine lands; and be it further Whereas, The United States Supreme retary of Agriculture, transmitting, a draft Resolved, That copies of this resolution be Court has issued a series of decisions holding of proposed legislation amending the Hous- transmitted to the President of the United that the Commerce Clause of the Constitu- ing Act of 1949; to the Committee on Bank- States, to the presiding officers of each tion of the United States prohibits states ing, Housing, and Urban Affairs. house of Congress and to each member of from restricting the importation of solid Congress. f waste from other states; and PETITIONS AND MEMORIALS POM–211. A resolution adopted by the Whereas, Over the past ten years, owners and operators of solid waste landfills located The following petitions and memo- House of the General Assembly of the Com- monwealth of Pennsylvania relative to dia- in the Commonwealth of Pennsylvania have rials were laid before the Senate and betic treatment; to the Committee on Gov- significantly increased the amount of un- were referred or ordered to lie on the ernmental Affairs. wanted municipal waste they accept from table as indicated: other states; and HOUSE RESOLUTION NO. 175 Whereas, New York City released a long- POM–210. A resolution adopted by the Whereas, There are 15.7 million diabetics in term waste management plan on December 2, House of the General Assembly of the Com- the United States, 40% of whom do not know 1998, that allows New York City to close the monwealth of Pennsylvania relative to aban- they have the disease; and Fresh Kills Landfill as planned on December doned mine reclamation; to the Committee Whereas, Almost 20% of people over 65 31, 2001, and calls for the exportation of ap- on Appropriations. years old have diabetes; and proximately 13,000 tons of solid waste a day Whereas, Diabetes is the seventh leading HOUSE RESOLUTION NO. 123 now disposed of at the Fresh Kills Landfill to cause of death in the United States and the Whereas, The biggest water pollution prob- Pennsylvania and other states; and lem facing this Commonwealth today is pol- third leading cause of death by disease in Whereas, The states of Pennsylvania, West luted water draining from abandoned coal Pennsylvania; and Virginia, Virginia, New Jersey and Maryland Whereas, Nationwide there are 187,000 dia- mines; and notified the Mayor of New York City that betes-related deaths annually, including an Whereas, Over half the streams that do not the recently released plan to manage waste estimated 12,000 diabetes-related deaths in meet water quality standards in this Com- displaced by the closure of the Fresh Kills Pennsylvania each year, three times the monwealth are affected by mine drainage; Landfill did not adequately address limiting number of deaths from AIDS, Alzheimer’s and the exportation of waste or other viable Whereas, This Commonwealth has over disease and homicide; and Whereas, Diabetes is a controllable disease waste management alternatives; and 250,000 acres of abandoned mine lands, refuse Whereas, The present and projected future in which sharp reductions in rates of com- banks and old mine shafts in 45 of Penn- levels of unwanted municipal waste that plications can be obtained with proper man- sylvania’s 67 counties, more than any other owners and operators of landfills and inciner- agement of blood glucose levels, specifically, state in the nation; and ators located in this Commonwealth import a 56% reduction in the incidence of kidney Whereas, The Department of Environ- from other states pose environmental, aes- disease, a 60% reduction in blindness and a mental Protection estimates it will cost thetic and traffic problems and are unfair to 61% reduction in nerve disease; and more than $15 billion to reclaim and restore Whereas, The Pennsylvania Health Care citizens of this Commonwealth, particularly abandoned mine lands; and Cost Containment Council, in its report on citizens living in areas where landfills and Whereas, The Commonwealth now receives the act of October 16, 1998 (P.L. 784, No. 98) incinerators are located; and about $20 million a year from the Federal (Act 98 of 1998), stated that it ‘‘finds evidence Whereas, In 1988 the Commonwealth en- Government to do reclamation projects; and to suggest that providing diabetics with sup- acted a law designed to reduce the need for Whereas, There is now a $1 billion balance plies, medication, self-management edu- additional landfills and incinerators by rein the Federal Abandoned Mine Reclamation cation and medical nutrition therapy can be quiring and encouraging recycling of certain Trust Fund that is set aside by law to take both medically and cost effective’’; and materials; and care of pollution and safety problems caused Whereas, In 1998, Pennsylvania became the Whereas, Pennsylvania has met its recy- by old coal mines; and 30th state to require private and group cling goal of 25% and has established a new Whereas, Pennsylvania is the fourth larg- health insurance plans to provide com- goal of 35% by the year 2003; and est coal producing state in the nation, and prehensive coverage for diabetic supplies and Whereas, It is within the power of the Con- coal operators contribute significantly to self-management training; and gress of the United States to delegate au- the fund by paying a special fee for each ton Whereas, Act 98 of 1998 provides new ben- thority to the states to restrict the amount of coal they mine, and efit coverage to an estimated 4.5 million of unwanted municipal waste they import Whereas, The Department of Environ- Pennsylvanians who have health insurance from other states; and mental Protection and 39 county conserva- policies that can be regulated by the State; Whereas, Legislation has been introduced tion districts through the Western and East- however, no State mandate applies to insur- in Congress which will regulate and restrict ern Pennsylvania Coalitions for Abandoned ance programs run or regulated by the Fed- the amount of unwanted municipal waste Mine Reclamation have worked as partners eral Government; and imported from other states; and to improve the effectiveness of mine rec- Whereas, The Federal Government has pro- Whereas, Governor Thomas J. Ridge and lamation programs; and vided for general Medicare coverage of some the governors of the Great Lakes States of Whereas, Pennsylvania is not seeking to supplies needed for persons with diabetes; Ohio, Michigan and Indiana wrote to Con- rely on the Federal appropriation to solve however, insulin and syringes are excluded; gress expressing their desire to reach an ac- the abandoned mine lands problem in Penn- and cord on authorizing states to place reason- sylvania and is actively considering addi- Whereas, A large number of individuals able limits on the importation of solid waste; tional funding on its own; and who have insurance under self-funded health and Whereas, Pennsylvania has been working plans regulated by the Employee Retirement Whereas, The failure of Congress to act with the Interstate Mining Compact Com- Income Security Act of 1974 have no guar- will harm this Commonwealth by allowing mission, the National Association of Aban- antee of any sort of coverage; therefore be it the continued unrestricted flow of solid doned Mine Land Programs and other states Resolved, That the House of Representa- waste generated in other states to landfills to free more of these funds to clean up aban- tives of the Commonwealth of Pennsylvania and incinerators located in this Common- doned mine lands; and memorialize Congress to enact the same wealth; therefore be it Whereas, Making more funds available to mandated benefits as contained in Act 98 of Resolved, That the House of Representa- states for abandoned mine reclamation 1998 in all Federal insurance programs and tives of the Commonwealth of Pennsylvania should preserve the interest revenues now all federally regulated, self-funded health in- memorialize the President and Congress of being made available for the United Mine surance programs governed by the Employee the United States and the states to support Workers Combined Benefit Fund; and Retirement Income Security Act of 1974; and legislation authorizing states to restrict the Whereas, The Federal Office of Surface be it further amount of solid waste being imported from Mining, the United States Environmental Resolved, That copies of this resolution be other states and creating a rational solid Protection Agency and Congress have not transmitted to the presiding officers of each waste management strategy that is equi- agreed to make more funds available to house of Congress and to each member of table among the states and environmentally states for abandoned mine reclamation; Congress from Pennsylvania. sound; and be if further therefore be it Resolved, That the House of Representa- Resolved, That the House of Representa- POM–212. A resolution adopted by the tives of the Commonwealth of Pennsylvania tives of Pennsylvania urge the President of House of the General Assembly of the Com- memorialize the President and Congress of

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13953 the United States to support legislation that vada Legislature hereby urge Congress to au- tion to the Vice President of the United gives communities hosting landfills and in- thorize the transfer of land of equivalent States as presiding officer of the Senate, the cinerators the right to decide by agreement value from the Federal Government to the Speaker of the House of Representatives, the whether to accept waste from other states affected counties in the State of Nevada; and Secretary of the Interior, the Secretary of and that creates a rational municipal waste be it further Agriculture, each member of the Nevada management strategy that is equitable Resolved, That the Secretary of the Senate Congressional Delegation and the Executive among the states and environmentally of the Nevada Legislature prepare and trans- Director of the Nevada Association of Coun- sound; and be it further mit a copy of this resolution to the Vice ties; and be it further Resolved, That copies of this resolution be President of the United States as presiding Resolved, That this resolution becomes ef- transmitted to the President of the United officer of the United States Senate, the fective upon passage and approval. States, the presiding officers of each house of Speaker of the House of Representatives, the Congress and to each member of Congress Secretary of the Interior, the Director of the POM–216. A joint resolution adopted by the from Pennsylvania. Bureau of Land Management and each mem- legislature of the State of Montana relative ber of the Nevada Congressional Delegation; to the American Heritage Rivers initiative; POM¥213. A resolution adopted by the and be it further to the Committee on Energy and Natural Re- County Commission, Knox County, Ten- Resolved, That this resolution becomes ef- sources. nessee relative to the Department of Energy fective upon passage and approval. RESOLUTION and Oak Ridge Facilities; to the Committee Whereas, the President of the United on Appropriations. POM–215. A joint resolution adopted by the States has, by Executive Order 13061, created POM¥214. A joint resolution adopted by legislature of the State of Nevada relative to the American Heritage Rivers initiative; and the legislature of the State of Nevada rel- land management and livestock; to the Com- Whereas, the initiative allows a local river ative to the Payments in Lieu of Taxes Act; mittee on Energy and Natural Resources. community to nominate its river for des- to the Committee on Appropriations. SENATE JOINT RESOLUTION NO. 12 ignation by the President as an American SENATE JOINT RESOLUTION NO. 1 Whereas, The livestock industry comprises Heritage River; and Whereas, the initiative provides no mean- Whereas, The Federal Government man- a significant portion of the rural economy of ingful protection of state or private property ages and controls approximately 87 percent the State of Nevada; and along designated rivers; and Whereas, Recent declines in the authoriza- of the land in the State of Nevada, and in Whereas, the initiative creates a new layer tion of the grazing of livestock on public several counties in the State of Nevada the of federal bureaucracy and engages 12 federal lands in this state and throughout the West Federal Government manages and controls agencies in its implementation; now, there- have had measurable negative impacts on between 97 and 99 percent of the land; and fore, be it Whereas, Because the land managed and the economic viability of ranchers and rural Resolved by the Senate and the House of Rep- controlled by the Federal Government in the communities; and resentatives of the State of Montana, That the State of Nevada is not taxable, counties that Whereas, Studies by federal agencies have Montana Legislature oppose the nomination have an extensive amount of such land lo- revealed that public lands have improved or or designation of any river in Montana as an cated within their boundaries experience tre- are improving through the use of controlled American Heritage River under the Amer- mendous fiscal burdens; and grazing of livestock on public lands; and ican Heritage Rivers initiative; be it further Whereas, Congress enacted the Act of Octo- Whereas, Recent management policies and Resolved, That the Secretary of State send ber 20, 1976, which, as amended, is commonly directives established by federal agencies in- copies of this resolution to the President of known as the Payments In Lieu of Taxes cluding the Bureau of Land Management of the United States, the Vice President of the Act, and which requires the Federal Govern- the United States Department of the Interior United States, the President Pro Tempore of ment to make annual payments to local gov- and the Forest Service of the United states the Senate of the U.S. Congress, the Speaker ernments to compensate the local govern- Department of Agriculture have resulted in of the House of Representatives of the U.S. ments for the loss of revenue they experience significant and costly reductions in the num- Congress, the Chair of the Council on Envi- because of the presence of certain land with- ber of livestock allowed to graze on public ronmental Quality, and the Montana Con- in their boundaries that is managed and con- lands in this state; and gressional Delegation. trolled by the Federal Government; and Whereas, These reductions are having a Whereas, Pursuant to the Act, the Sec- negative effect on the value of ranches and f retary of the Interior is required to make a the economic viability of ranchers who de- REPORTS OF COMMITTEES payment for each fiscal year to each of the 17 pend on the use of public land for the suc- counties in the State of Nevada because cessful production of livestock, resulting in The following reports of committees those counties have such land within their an adverse effect on the economic condition were submitted: boundaries, including land that is adminis- of the State of Nevada; and By Mr. BOND, from the Committee on tered by the Bureau of Land Management, Whereas, Continuation of these federal Small Business, with an amendment in the the National Park Service, the United States policies will have adverse effects that are far nature of a substitute: Fish and Wildlife Service and the United reaching and costly, including an increase in S. 918. A bill to authorize the Small Busi- States Forest Service; and wildfires, a diminished tax base, loss of wild- ness Administration to provide financial and Whereas, The Bureau of Land Management life habitat and a decrease in economic ac- business development assistance to military was chosen by the Secretary of the Interior tivity; now, therefore, be it reservists’ small business, and for other pur- to administer the payments required to be Resolved by the Senate and Assembly of the poses (Rept. No. 106–84). made pursuant to the Act; and State of Nevada, Jointly, That the members of f Whereas, Congress appropriates money the Nevada Legislature do hereby encourage each year that the Bureau of Land Manage- the United States Congress to support all ef- EXECUTIVE REPORTS OF ment distributes to the counties in the State forts for the establishment of a working COMMITTEES of Nevada and other states pursuant to a partnership between federal land manage- The following executive reports of statutory formula set forth in the Act; and ment agencies, local governments and other committees were submitted: Whereas, From the inception of the pay- interested parties on issues relating to the By Mr. SPECTER, for the Committee on ments in 1977 to the end of the 1997–98 fiscal use of public lands; and be it further Veterans Affairs: year, the money appropriated by Congress Resolved, That this legislative body sup- John T. Hanson, of Virginia, to be an As- has been insufficient to provide full payment ports all efforts to review the methodologies sistant Secretary of Veterans Affairs (Public to the counties in the State of Nevada pursu- and practices that have been employed by and Intergovernmental Affairs). ant to the statutory formula; now, therefore, public land management agencies which By Mr. MCCAIN, for the Committee on be it have resulted in the unnecessary reduction Commerce, Science, and Transportation: Resolved by the Senate and Assembly of the in the use of public lands by ranchers for the Sylvia de Leon, of Texas, to be a Member State of Nevada, Jointly, That the members of grazing of livestock; and be it further of the Reform Board (Amtrack) for a term of the 70th session of the Nevada Legislature Resolved, That the Division of Agriculture five years. hereby urge Congress to appropriate for dis- of the Department of Business and Industry Albert S. Jacquez, of California, to be Ad- tribution to the counties in the State of Ne- is hereby encouraged to develop a statewide ministrator of the Saint Lawrence Seaway vada the amount of money necessary to cor- database to further demonstrate the cumu- Development Corporation for a term of seven rect the underpayments to those counties lative losses to this state and its counties be- years. pursuant to the Act for the previous fiscal cause of the reduction in the use of public Cheryl Shavers, of California, to be Under years; and be it further land for the grazing of livestock; and be it Secretary of Commerce for Technology. Resolved, That in lieu of an appropriation further Kelly H. Carnes, of the District of Colum- by Congress to correct such underpayments, Resolved, That the Secretary of the Senate bia, to be Assistant Secretary of Commerce the members of the 70th session of the Ne- prepare and transmit a copy of this resolu- for Technology Policy.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13954 CONGRESSIONAL RECORD—SENATE June 23, 1999 Mary Sheila Gall, of Virginia, to be a Com- Foreign Assistance Act of 1961, and for other efit in other ways, too. A cooperative missioner of the Consumer Product Safety purposes; to the Committee on Foreign Rela- doctor may get his or her name at- Commission for a term of seven years from tions. tached to an academic study authored October 27, 1998. By Mr. NICKLES (for himself, Mr. by a ghost writer based on the drug Ann Brown, of Florida, to be a Commis- LIEBERMAN, Mr. LOTT, Mr. ABRAHAM, company’s data. No matter how the sioner of the Consumer Product Safety Com- Mr. ALLARD, Mr. BROWNBACK, Mr. mission for a term of seven years from Octo- COVERDELL, Mr. ENZI, Mr. HAGEL, Mr. doctor benefits, however, he or she is ber 27, 1999. INHOFE, Mr. CRAIG, and Mr. SES- not compelled to inform the patient of Ann Brown, of Florida, to be Chairman of SIONS): his or her relationship with the drug the Consumer Product Safety Commission. S. 1272. A bill to amend the Controlled Sub- company. This is why today I intro- Johnnie E. Frazier, of Maryland, to be In- stances Act to promote pain management duce the Clinical Trials Disclosure Act spector General, Department of Commerce. and palliative care without permitting as- of 1999. (The above nominations were re- sisted suicide and euthanasia, and for other This bill simply requires that if a ported with the recommendation that purposes; to the Committee on Health, Edu- health care provider receives payments cation, Labor, and Pensions. they be confirmed, subject to the nomi- or other compensation for referring a nees’ commitment to respond to re- f patient to a clinical trial, the provider quests to appear and testify before any must inform the patient both orally SUBMISSION OF CONCURRENT AND and in writing. The measure is not in- duly constituted committee of the Sen- SENATE RESOLUTIONS ate.) tended to discourage patient participa- Mr. MCCAIN. Mr. President, for the The following concurrent resolutions tion in important medical research. In- Committee on Commerce, Science, and and Senate resolutions were read, and stead, it will strengthen the relation- Transportation, I report favorably referred (or acted upon), as indicated: ship between doctor and patient and nomination list which was printed in By Mr. BOND: help ensure that clinical trials attract patients who will benefit from their the RECORD of May 12, 1999, at the end S. Res. 126. A resolution expressing the of the Senate proceedings, and ask sense of the Senate that appreciation be important work. shown for the extraordinary work of Mildred I ask unanimous consent that the unanimous consent, to save the ex- Winter as Missouri teacher and leader in cre- text of the bill be printed in the pense of reprinting on the Executive ating the Parents as Teachers program on RECORD. Calendar, that the nomination lie at the occasion that Mildred Winter steps down There being no objection, the bill was the Secretary’s desk for the informa- as Executive Director of such program; con- ordered to be printed in the RECORD, as tion of Senators. sidered and agreed to. follows: By Mr. LOTT: The PRESIDING OFFICER. Without S. 1267 objection, it is so ordered. S. Res. 127. A resolution to direct the Sec- retary of the Senate to request the return of Be it enacted by the Senate and House of In the Cost Guard nomination of James W. certain pages; considered and agreed to. Representatives of the United States of America Seeman, which was received by the Senate in Congress assembled, and appeared in the CONGRESSIONAL RECORD f SECTION 1. SHORT TITLE. of May 12, 1999. STATEMENTS ON INTRODUCED This Act may be cited as the ‘‘Clinical Trials Disclosure Act of 1999’’. f BILLS AND JOINT RESOLUTIONS SEC. 2. REQUIRED DISCLOSURE OF REFERRAL INTRODUCTION OF BILLS AND By Mr. SCHUMER: FEES. JOINT RESOLUTIONS S. 1267. A bill to require that health (a) THROUGH CONTRACTS WITH INSURERS.— The following bills and joint resolu- care providers inform their patients of (1) AMENDMENT TO ERISA.— tions were introduced, read the first certain referral fees upon the referral (A) IN GENERAL.—Subpart B of part 7 of subtitle B of title I of the Employee Retire- and second time by unanimous con- of the patients to clinical trials; to the ment Income Security Act of 1974 (29 U.S.C. sent, and referred as indicated: Committee on Health, Education, 1185 et seq.) is amended by adding at the end By Mr. SCHUMER: Labor, and Pensions. the following new section: S. 1267. A bill to require that health care CLINICAL TRIALS DISCLOSURE ACT OF 1999 ‘‘SEC. 714. REQUIRED DISCLOSURE OF REFERRAL providers inform their patients of certain re- Mr. SCHUMER. Mr. President, I rise FEES. ‘‘The provisions of any contract or agree- ferral fees upon the referral of the patients today to introduce the Clinical Trials to clinical trials; to the Committee on ment, or the operation of any contract or Health, Education, Labor, and Pensions. Disclosure Act of 1999. As the Senate agreement, between a group health plan or By Mr. HARKIN (for himself, Mr. debates important health care issues health insurance issuer in relation to health FRIST, Mr. KENNEDY, Mr. CHAFEE, Mr. such as Medicare, prescription drug ac- insurance coverage (including any partner- REED, Mr. MACK, Ms. MIKULSKI, Mrs. cess, and managed care reform, I want ship, association, or other organization that MURRAY, Mr. CLELAND, Mr. HELMS, to call our attention to another impor- enters into or administers such a contract or Mr. WARNER, Mr. SCHUMER, Mr. COCH- tant health care matter: doctors and agreement) and a health care provider (or RAN, Mr. DURBIN, Mr. MOYNIHAN, Mrs. group of providers) shall require that, if the other health care providers accepting provider refers a patient to a clinical trial, BOXER, Mr. ROBERTS, and Mr. REID): payments from drug companies and S. 1268. A bill to amend the Public Health the provider shall disclose (orally and in Service Act to provide support for the mod- their contractors to refer patients to writing) to the patient (at the time of such ernization and construction of biomedical clinical trials. Each of us understands referral) any payments or other compensa- and behavioral research facilities and labora- that by providing a forum for medical tion that the provider receives (or expects to tory instrumentation; to the Committee on research, clinical trials play a vital receive) from any entity in connection with Health, Education, Labor, and Pensions. role in our health care system. Unfor- such referral.’’. (B) CLERICAL AMENDMENT.—The table of By Mr. MCCONNELL (for himself and tunately, some providers are violating Mr. HATCH): contents in section 1 of the Employee Retire- the patient-doctor relationship by not ment Income Security Act of 1974 (29 U.S.C. S. 1269. A bill to provide that the Federal informing patients of the fees they re- Government and States shall be subject to 1001 note) is amended by inserting after the the same procedures and substantive laws ceive for referrals to the clinical trials. item relating to section 713 the following that would apply to persons on whose behalf Recent media reports have high- new item: certain civil actions may be brought, and for lighted this growing trend that threat- ‘‘Sec. 714. Required disclosure of referral other purposes; to the Committee on the Ju- ens the important relationship between fees.’’. diciary. doctor and patient. In one case in Cali- (2) AMENDMENTS TO PHSA.— By Mr. FRIST (for himself and Mr. fornia, a doctor received over $1,600 to (A) GROUP MARKET.—Subpart 2 of part A of DOMENICI): refer a patient to a prostate cancer title XXVII of the Public Health Service Act S. 1270. A bill to establish a partnership for drug trial despite the fact that the pa- (42 U.S.C. 300gg-4 et seq.) is amended by add- education progress; to the Committee on tient’s prostate was healthy. Other ing at the end the following new section: Health, Education, Labor, and Pensions. ‘‘SEC. 2707. REQUIRED DISCLOSURE OF REFER- By Mr. GRASSLEY: drug companies offer bonuses to physi- RAL FEES. S. 1271. A bill to improve the drug certifi- cians who refer numbers over and ‘‘The provisions of any contract or agree- cation procedures under section 490 of the above a certain quota. Providers ben- ment, or the operation of any contract or

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13955 agreement, between a group health plan or and Related Agencies Appropriations ture. A March 1998 report by the Asso- health insurance issuer in relation to health Subcommittee, provided a $2 billion, or ciation of American Medical Colleges insurance coverage (including any partner- 15 percent, increase for the National stated that ‘‘The government should ship, association, or other organization that Institutes of Health. And this year, I reestablish and fund a National Insti- enters into or administers such a contract or agreement) and a health care provider (or and Senator SPECTER will continue our tutes of Health construction authority. group of providers) shall require that, if the work to make sure that Congress stays . . .’’ A June 1998 report by the Federa- provider refers a patient to a clinical trial, on course to double funding for the NIH tion of American Societies of Experi- the provider shall disclose (orally and in over the next five years, a target that mental Biology stated that ‘‘Labora- writing) to the patient (at the time of such was agreed to by the Senate, 98 to 0, in tories must be built and equipped for referral) any payments or other compensa- 1997. the science of the 21st century . . . In- tion that the provider receives (or expects to However, as Congress embarks on frastructure investments should in- receive) from any entity in connection with this important investment in improved clude renovation of existing space as such referral.’’. health, we must strengthen the total- (B) INDIVIDUAL MARKET.—Part B of title well as new construction, where appro- XXVII of the Public Health Service Act (42 ity of the biomedical research enter- priate.’’ U.S.C. 300gg-41 et seq.) is amended— prise. While it is critical to focus on As we work to double funding for (1) by redesignating the first subpart 3 (re- high quality, cutting edge basic and medical research over the next five lating to other requirements) as subpart 2; clinical research, we must also con- years, the already serious shortfall in and sider the quality of the laboratories the modernization of our Nation’s (2) by adding at the end of subpart 2 the and buildings where that research is aging research facilities and labs will following new section: being conducted. continue to worsen unless we take spe- ‘‘SEC. 2753. REQUIRED DISCLOSURE OF REFER- In fact, Mr. President, the infrastruc- RAL FEES. cific action. Future increases in NIH ‘‘The provisions of section 2707 shall apply ture of research institutions, including must be matched with increased fund- to health insurance coverage offered by a the need for new physical facilities, is ing for repair, renovation and construc- health insurance issuer in the individual central to our nation’s leadership in tion of research facilities, as well as market in the same manner as they apply to medical research. Despite the signifi- the purchase of modern laboratory health insurance coverage offered by a cant scientific advances produced by equipment. health insurance issuer in connection with a Federally-funded research, most of Mr. President, the bill we are intro- group health plan in the small or large group that research is currently being done ducing today expands Federal funding market.’’. (b) OTHER PROVIDERS.—A health care pro- in medical facilities built in the 1950’s for facilities construction and state-of- vider who provides services to beneficiaries and 1960’s, a time when the Federal the-art laboratory equipment through under the medicare program under title Government obligated from $30 million the NIH by increasing the authoriza- XVIII of the Social Security Act (42 U.S.C. to $100 million a year for facility and tion for this account within the Na- 1395 et seq.) shall, with respect to any pa- equipment modernization. Since then, tional Center for Research Resources tient that such provider refers to a clinical however, annual appropriations for to $250 million in FY 2000 and $500 mil- trial, disclose (orally and in writing) to the modernization of our biomedical re- lion in FY 2001. In addition, the bill au- patient (at the time of such referral) any search infrastructure have dramati- payments or other compensation that the thorizes a ‘‘Shared Instrumentation provider receives (or expects to receive) from cally declined, ranging from zero to $20 Grant Program’’ at NIH, to be adminis- any entity in connection with such referral. million annually over the past decade. tered by the Center. The program will As a result, many of our research fa- provide grants for the purchase of By Mr. HARKIN (for himself, Mr. cilities and laboratories are outdated shared-use, state-of-the-art laboratory FRIST, Mr. KENNEDY, Mr. and inadequate to meet the challenge equipment costing over $100,000. All CHAFEE, Mr. REED, Mr. MACK, of the next millennium. grants awarded under these two pro- Ms. MIKULSKI, Mrs. MURRAY, In order to realize major medical grams will be peer-reviewed, as is the Mr. CLELAND, Mr. HELMS, Mr. breakthroughs in Alzheimer’s, diabe- practice with all NIH grants and WARNER, Mr. SCHUMER, Mr. tes, Parkinson’s, cancer and other projects. COCHRAN, Mr. DURBIN, Mr. MOY- major illnesses, our Nation’s top re- We are entering a time of great NIHAN, Mrs. BOXER, Mr. ROB- searchers must have top quality, state- promise in the field of biomedical re- ERTS, and Mr. REID): of-the-art laboratories and equipment. search. We are on the verge of major S. 1268. A bill to amend the Public Unfortunately, the status of our re- breakthroughs which could end the Health Service Act to provide support search infrastructure is woefully inad- ravages of cancer, heart disease, Par- for the modernization and construction equate. kinson’s and the scores of illnesses and of biomedical and behavioral research A recent study by the National conditions which take the lives and facilities and laboratory instrumenta- Science Foundation finds that aca- health of millions of Americans. But to tion; to the Committee on Health, Edu- demic institutions have deferred, due realize these breakthroughs, we must cation, Labor, and Pensions. to lack of funds, nearly $11.4 billion in devote the necessary resources to our 21ST CENTURY RESEARCH LABORATORIES ACT OF repair, renovation, and construction Nation’s research enterprise. 1999 projects. Almost one quarter of all re- The Association of American Univer- Mr. HARKIN. Mr. President, today I search space requires either major ren- sities, the Association of American am pleased to introduce the Twenty- ovation or replacement and 70% of Medical Colleges and the Federation of First Century Research Laboratories medical schools report having inad- American Societies of Experimental Act of 1999. I am joined in this effort by equate space in which to perform bio- Biology have all expressed their sup- Senators FRIST, KENNEDY, CHAFEE, medical research. port for this legislation. REED of Rhode Island, MACK, MIKULSKI, A separate study by the National I hope the rest of my colleagues will MURRAY, CLELAND, HELMS, WARNER, Science Foundation documents the lab- soon sign on as cosponsors to this im- SARBANES, SCHUMER, COCHRAN, DURBIN, oratory equipment needs of researchers portant effort to improve the research MOYNIHAN, BOXER, ROBERTS, and REID and found that 67 percent of research capacity of this country. of Nevada. I want to thank my col- institutions reported an increased need leagues for cosponsoring this legisla- for laboratory instruments. At the By Mr. MCCONNELL (for himself tion. same time, the report found that and Mr. HATCH): First though, let me say how pleased spending for such instruments at col- S. 1269. A bill to provide that the I was that we were able to provide the leges and universities actually declined Federal Government and States shall biggest increase ever for medical rein the early 1990’s. be subject to the same procedures and search last year. The Conference Several other prominent organiza- substantive laws that would apply to Agreement of the Fiscal 1999 Labor, tions have documented the need for in- persons on whose behalf certain civil Health and Human Services, Education creased funding for research infrastruc- actions may be brought, and for other

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13956 CONGRESSIONAL RECORD—SENATE June 23, 1999 purposes; to the Committee on the Ju- In short: Government plaintiffs ‘‘Unfortunately, these lawsuits are becom- diciary. should not have rights superior to ing all too common,’’ Josten added. ‘‘If this trend continues, economic and social deci- LITIGATION FAIRNESS ACT those rights of private plaintiffs. Third, the Litigation Fairness Act is sions affecting all Americans will be made Mr. MCCONNELL. Mr. President, I not by the democratically elected legisla- necessary to prevent taxation through rise today to introduce the Litigation tures, but instead by trial lawyers. Fairness Act of 1999. This common litigation. The power to tax is a legis- ‘‘McConnell’s legislation would help cur- sense legislation says that whenever lative function and those who raise tail this abusive situation,’’ Josten said, not- the government sues private-sector taxes should be directly accountable to ing that the legislation does not affect any the voters. Fortunately, it is getting individual’s rights or ability to sue a com- companies to recover costs, the govern- pany that has caused them harm. ment plaintiff gets no more rights than more and more difficult to raise taxes in the Congress and the State legisla- The bill simply says that a government en- the ordinary plaintiff. If the law is tity filing suite to directly recover funds ex- tures—so money-hungry trial lawyers good enough for the average citizen, pended by that government on behalf of a then it’s good enough for the govern- and big-government public officials are third-party (such as a Medicare or Medicaid ment. bypassing legislatures to engage in tax- patient) would only be entitled to the same ation and regulation through litiga- This legislation to codify rules of fair rights as an individual suing that defendant. tion. The Litigation Fairness Act will In addition, such a government plaintiff play for government-sponsored law- discourage lawyer-driven tax increases would be subject to the same substantive and suits is necessary for three reasons: being dressed up and passed off as gov- procedural rules and defenses as any other First, the Litigation Fairness Act is ernment lawsuits. individual plaintiff. The legislation recog- necessary to prevent an avalanche of In closing, I want to point out some nizes that an indirectly injured party should lawsuits against law-abiding compa- not have any greater rights than a directly things that the Litigation Fairness Act injured person. nies. Let me say at the outset: this leg- does not do: it does not prohibit gov- islation is not about tobacco. Tobacco ‘‘This legislation will stop the erosion of ernment lawsuits; it does not close the the two hundred years of tort law, while fair- was just the beginning—the Model Act courthouse door to injured parties; it ly protecting the rights of American indus- for hungry and enterprising trial law- does not place caps on recoveries or tries from the litigious trial lawyers collabo- yers. limits on lawyer fees. Further, the rating with federal, state and local govern- After tobacco, there was speculation Litigation Fairness Act cannot be con- ments,’’ Josten concluded. Josten’s comments followed a day-long that the government would sue the strued to create or authorize any cause men and women who manufacture and conference, ‘‘The New Business of Govern- of action for any governmental entity. ment Sponsored Litigation: State Attorneys sell guns in America. The speculation In fact, the Litigation Fairness Act General and Big City Lawsuits,’’ sponsored was right. And now that we’ve got gov- does not even prohibit the unholy mar- by the Institute for Legal Reform, the Cham- ernment-sponsored lawsuits against riage between plaintiffs’ lawyers and ber’s legal policy arm, The Federalist Soci- gun companies, the speculation turns government officials—although it ad- ety and The Manhattan Institute. The con- to other legal industries, such as auto- mittedly makes such a marriage of ference featured Oklahoma Gov. Frank mobile manufacturers, paint manufac- money and convenience a bit less desir- Keating, Alabama Gov. Don Siegelman, attorneys general from New York, Alabama, turers, and—yes, even the fast food in- able. My legislation will simply ensure dustry. Delaware and Texas, and noted plaintiff’s that the government plays by the same lawyers such as Richard Scruggs and John Before some of you begin to shake rules as its citizens. Coale. The event can still be viewed on the your head about this widespread specu- This bill has broad support. I ask Chamber’s website, at www.uschamber.org. lation, let me share some recent theo- unanimous consent that the RECORD in- ries I’ve heard that verify that the the- clude statements in support of the bill [From the Citizens for a Sound Economy ater of the absurd continues to move from the United States Chamber of News, June 23, 1999] ever closer to legal reality. As reported Commerce, the American Tort Reform SENATOR MCCONNELL’S LITIGATION FAIRNESS recently by the Associated Press, a Association, and Citizens for a Sound ACT WOULD HELP END ‘TAXATION THROUGH LITIGATION’ Yale professor is espousing a theory Economy. that, ‘‘There is no difference between There being no objection, the mate- WASHINGTON.—J.V. Schwan, Deputy Direc- Ronald McDonald and Joe Camel.’’ tor and Counsel for Civil Justice Reform at rial was ordered to be printed in the Citizens for a Sound Economy (CSE), made Both market products that are—and I RECORD, as follows: the following statement in support of Sen- quote this Professor from a recent sem- [From the U.S. Chamber of Commerce News, ator Mitch McConnell’s bill, The Litigation inar—‘‘luring our children into killer June 23, 1999] Fairness Act. habits’’ ultimately increasing U.S. CHAMBER ENDORSES MCCONNELL BILL TO ‘‘Taxation through litigation is the latest healthcare costs for the public—so the STOP GOVERNMENTS FROM UNDERMINING scheme in Washington. When the Adminis- theory goes. And I promise that I’m BUSINESS LEGAL DEFENSES tration can’t accomplish their goals through not making this up. This Ivy League WASHINGTON, D.C.—The U.S. Chamber of legislation, they sue. This is not what our Founding Fathers intended. ‘The Litigation professor was in Washington just yes- Commerce today endorsed legislation that would stop the growing trend of governments Fairness Act’ would help stop their ‘taxation terday discussing this emerging the- through litigation scheme.’ ory. stripping legitimate industries of their legal defenses and rights and then suing them to ‘‘Specifically, the bill would assure that Second, this legislation ensures basic raise revenue outside the constraints of the when governments file lawsuits for economic fairness for individual citizens. Under political process. losses allegedly incurred as a result of harm established principles of tort law, pri- The ‘‘Litigation Fairness Act,’’ sponsored to citizens, the government’s legal rights vate plaintiffs are often barred from re- by Senator Mitch McConnell (R–KY), would will not be greater than those injured citi- prevent governments at any level from zens. The bill would preserve and in some in- covering damages based on a failure to stances restore that equitable rule of law. prove direct causation. For example, if changing laws to retroactively strip businesses of their traditional legal rights and ‘‘McConnell’s bill does not bar suits by a person is injured in an automobile ac- defenses in order to sue them. governments against private defendants, cident, but cannot prove that his or her ‘‘The U.S. Chamber is greatly concerned place a cap on the recoveries that may be ob- injuries were caused by a defect of the this dangerous trend of governments chang- tained, or limit attorney fees. It simply codi- automobile then that person cannot re- ing the laws to facilitate their revenue-grab- fies a traditional tort law rule that has ex- cover from the manufacturer. This leg- bing lawsuits,’’ said Chamber Executive Vice isted for over 200 years.’’ islation simply says that if the injured President Bruce Josten. ‘‘This practice began in the state lawsuits against the to- [From the American Tort Reform party couldn’t recover from the auto Association] manufacturer, then the government bacco industry to recover Medicaid funds and, just as the Chamber predicted, has now GOVERNMENT LITIGATION AGAINST INDUSTRIES should not be able to sue the manufac- spread to other industries. President Clin- Robert Reich recently wrote in USA Today turer to recover the health care ex- ton’s plan to use the Justice Department to that ‘‘The era of big government may be penses incurred by the government on sue the tobacco industry is a prime example over, but the era of regulation through liti- behalf of the injured person. of this problem. gation has just begun.’’ He advocated that

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13957 courts should be the regulators of society, mental entities have their own in-house engine behind these new principles is the deciding whether certain products or serv- legal staff; taxpayers should not have to pay unpopularity of those defendants. ices should be available and at what price. excessive fees for legal work that could be These principles may be limited to so- Mr. Reich is referring to the new phe- done by the government itself. called ‘‘outlaw defendants’’—people who nomenon of governments entering into part- In the State tobacco litigation, it seemed make guns, tobacco, liquor, or other prod- nerships with private contingency fee attor- that many of the cases were awarded to pri- ucts that significant segments of our society neys to bring lawsuits against entire indus- vate attorneys who had been former law do not like. On the other hand, the principles tries. Manufacturers of tobacco products and partners or campaign supporters of the elect- may apply equally to others. If that is true, firearms have already been targets of litiga- ed official. Furthermore, there appears to those principles can apply against people tion at the State and local levels. At the fed- have been a lack of competitive bidding in who make fast foods, automobiles that can eral level, President Clinton announced in the attorney selection process. As a result, go over 100 mph, motorcycles, hunting his 1999 State of the Union address that he experts estimate that some plaintiffs’ attor- knives, and even the entertainment indus- has directed the Department of Justice to neys were paid in excess of $100,000 per hour.1 try. prepare a litigation plan to sue tobacco com- Should the prosecutorial power of govern- The Litigation Fairness Act preserves the panies to recover federal funds allegedly paid ment be brought against lawful, though con- principle that an injured person’s right to out under Medicare. troversial, industries? ‘‘As the Supreme sue is paramount over government rights, Future targets of federal and/or state or Court cautioned more than 60 years ago in where the government has suffered some in- local cost recovery, or ‘‘recoupment,’’ litiga- Berger v. United States, an attorney for the direct economic loss because of that person’s tions could include producers of beer and state, ‘is the representative not of an ordi- harm. It restores equal justice under law and wine and other adult beverages, and manu- nary party to a controversy, but of a sov- neutrality within our tort system. facturers of pharmaceuticals, chemicals, and ereignty whose obligation to govern impar- For those reasons, the Americans Tort Re- automobiles. Even Internet providers, the tially is as compelling as its obligation to form Association supports the Litigation gaming industry, the entertainment indus- govern at all’.’’ 2 Fairness Act. try, and fast food restaurants could be tar- ALL INDUSTRIES COULD BE TARGETS OF By Mr. FRIST: geted. LITIGATION S. 1270. A bill to establish a partner- THE CHANGES TO BLACK-LETTER TORT LAW To date, recoupment lawsuits have been ship for education progress; to the filed against politically disfavored industries Under traditional tort law rules, third Committee on Health, Education, party payors (e.g., employers, insurers, and because plaintiff attorneys know that if governments) have long enjoyed subrogation courts bend the rules for controversial prod- Labor, and Pensions. rights to recover costs for healthcare and ucts, those precedents will apply equally to THE EDUCATION EXPRESS ACT other expenses that they are obligated to other industries. Mr. FRIST. Mr. President, I ask pay on behalf of individuals. In fact, some contingency fee lawyers have unanimous consent that a summary of For example, if a worker is injured in the already publicly stated that tobacco and the Education Express Act be printed firearms are just the first of many industries workplace as a result of a defective machine in the RECORD. tool, tort law permits the worker’s employer likely to be sued in the new era of regulation There being no objection, the sum- by litigation. As stated, future targets of to recover the cost of worker compensation mary was ordered to be printed in the and other medical expenses paid on behalf of litigation could include producers of beer the employee. Through the process of sub- and wine and other adult beverages, manu- RECORD, as follows: rogation, the employer can join in the em- facturers of pharmaceuticals, chemicals, and THE EDUCATION EXPRESS ACT (ED-EXPRESS) ployee’s tort claim against the manufacturer automobiles, Internet providers, the gaming OBJECTIVE of the machine tool or put a lien on the em- industry, the entertainment industry, and Funds would reaffirm our national com- ployee’s recovery, but the employer cannot fast food restaurants. mitment to state and local control of edu- bring a direct action on its own. SEPARATION OF POWERS VIOLATED cation. The purpose of this Act is to infuse Governmental cost recovery actions seek Legislating public policy in the courtroom significant new dollars into the hands of par- to radically change the traditional subroga- violates the ‘‘separation of powers doc- ents, communities, and state and local gov- tion rule. In the State tobacco cases, the at- trine’’—the fundamental rule upon which ernments to improve the education achieve- torneys general argued that the States could this country’s entire system of government ment of students. This legislation unties the bring an ‘‘independent’’ cause of action is based. The job of legislatures is to legis- burdensome and expensive federal strings on against the tobacco companies. Further- late; the job of courts is to interpret the law. education dollars by sending more money more, the attorneys general argued, because This bedrock principle of government should straight back to the states and classrooms. the States’ claims were ‘‘independent’’ of the not be eroded for the sake of political expedi- States may elect to receive elementary claims of individual smokers, the States ency and political theater. and secondary education funding by ‘‘Direct were not subject to the defenses that could Check.’’ Most importantly, it requires that be raised against individual plaintiffs, espe- STATEMENT BY VICTOR E. SCHWARTZ, COUN- 98 percent of the funding be used directly at cially with respect to assumption of risk. SEL, AMERICAN TORT REFORM ASSOCIATION, the local level. Incentives such as replacing Despite the current unpopularity of the to- JUNE 23, 1999 existing burdensome federal categorical pro- bacco companies, most courts have followed grams are provided to encourage states to basic principles of law and dismissed cost re- THE PRINCIPLE OF EQUAL JUSTICE UNDER LAW choose the Direct Check. However, states covery claims against the tobacco compa- IS PRESERVED BY THE LITIGATION FAIRNESS may choose to remain in the categorical sys- nies. One federal district court, however, ACT tem. bent the rules and partially sustained a The Litigation Fairness Act helps assure The legislation creates three local/state healthcare reimbursement suit in Texas equal justice under law; that is why the programs to enhance educational excellence: based on a unique expansion of the ‘‘quasi- American Tort Reform Association supports Challenge Fund, Teacher Quality Fund, and sovereign’’ doctrine. Before the Texas federal it. Liability law should be neutral. Its prin- Academic Opportunity Fund. These pro- court’s decision, the quasi-sovereign doc- ciples should apply in the same way to all grams will result in a substantial increase in trine had been limited to suits for injunctive defendants. A basic principle of system of federal education assistance—$36.5 billion relief; it did not extend to suits seeking mon- justice is equal justice under law. over five years. etary damages. Even the ‘‘pro-plaintiff’’ Unfortunately, legal principles developed HOW IT WORKS Minnesota Supreme Court recognized this in a few tobacco cases did not apply neutral Those states that opt for the ‘‘Direct fact in a tobacco case. The Texas decision principles. They gave power to state govern- Check’’ flexibility will receive their edu- produced an avalanche of claims that were ments under a fiction called the ‘‘quasi-sov- cational funding upon the adoption of a state ultimately settled out of court. ereign doctrine,’’ greater power in the law plan written by the governor or the gov- than was possessed by an injured individual. THE ROLE OF OUTSIDE COUNSEL ernor’s designee that outlines the goals and New cases filed by cities against gun manu- objectives for the funds—how the state will Another characteristic of the new ‘‘era of facturers also may create new principles of regulation through litigation’’ is the improve student achievement and teacher law that give those cities greater rights than quality, and the criteria used to determine partnering of governmental entities and pri- injured persons. There is little doubt that an vate contingency fee attorneys. This new and measure achievement. partnership raises a number of serious eth- Decisons on how funds will be used to meet 1 ical and ‘‘good government’’ issues: Professor Lester Brickman, ‘‘Want To Be a Bil- state goals and objectives will be made at lionaire? Sue a Tobacco Company,’’ The Wall Street the local level. Contingent fee retainers were designed to Journal, December 30, 1998. PROGRAMS give less-affluent persons (who could gen- 2 Robert A. Levy. ‘‘The Great Tobacco Robbery. erally ill-afford hourly rates and up-front re- Hired Guns Corral Contingent Fee Bonanza’’ Legal Challenge Fund ($17 billion over five years) tainers) access to the courthouse. Govern- Times, Week of February 1, 1999, 27. to improve education achievement. Direct

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13958 CONGRESSIONAL RECORD—SENATE June 23, 1999 Check states will receive an additional 10% use. The source and transit countries past and current support of terrorism of their allotment. are now facing growing drug use prob- aimed at the U.S. and American citi- Teacher Quality Fund ($14 billion over five lems. Thus, in addition to attacks on zens. Never mind the facts. Never mind years) to improve education achievement. the underpinnings of decent govern- drug production and transit. Never Direct Check states will receive an additional 10%. ment from criminal gangs, many coun- mind the national interest. This is an- Academic Opportunity Fund ($6 billion tries now face epidemic drug use other case of the triumph of hope over over 5 years) to reward student achievement, among young people. experience that seems to be the implement statewide reforms, and reward What other countries do or do not do lodestar of this Administration’s for- schools and school districts meeting state to confront this threat is of interest to eign policy. goals and objectives. Only Direct Check us. The nature of the drug trade, pro- What makes the case even more dis- states will be eligible to receive these funds. duction as well as transit, is an inter- turbing is the apparent subterfuge the States may receive an additional 10% of connected enterprise with inter- administration resorted to in order to their allotment if they (1) devote 25% or more of their Challenge Fund allotment for national reach. Many drug trafficking evade explaining this major shift in Special Education; (2) demonstrate improved gangs have contacts with each other. policy. I say major because Iran had education performance among certain dis- They share markets, expertise, and fa- been on every drug list since its incep- advantaged populations; or (3) adopt or show cilities. In some cases, they can count tion and Iran has been decertified for improved performance on state-level Na- on the complicity of foreign govern- that whole history. I say subterfuge be- tional Assessment of Education Progress ments or of significant individuals in cause of the pettifoggery the adminis- tests (NAEP). those governments. This means that a tration resorted to. serious policy to get at the trade and Given the facts of Iran’s past, what is By Mr. GRASSLEY: its connections must be international, reasonable to assume would be a re- S. 1271. A bill improve the drug cer- coherent, and integrated. It cannot be sponsible way of dealing with the tification procedures under section 490 piecemeal, episodic, and disjointed. But issue? It is the clear intent of the law of the Foreign Assistance Act of 1961, that is what we have today. on these matters that the administra- and for other purposes; to the Com- Congress has over the years repeat- tion would consult with Congress be- mittee on Foreign Relations. edly pushed for an integrated, coherent fore making a major change in policy. MOST FAVORED ROGUE STATES ACT OF 1999 approach, often over the reluctance of But what did it, in fact, do? Not only Mr. GRASSLEY. Mr. President, administrations. Dealing with the drug did the administration not consult, it today I am introducing legislation to issue is often messy and uncomfort- nitpicked. The law requires the admin- help clarify for the administration cer- able. It disturbs the pleasantries of dip- istration to submit the Majors List by tain aspects of drug policy that seem lomatic exchanges. Progress is hard to November 1. Instead of complying with to have caused confusion. The confu- achieve and difficult to document. And this known statutory requirement, the sion seems to lie in how to think about sometimes taking drug policy serious administration delayed by over a week our friends and enemies when it comes upsets other plans. the submission of the list, conveniently to drug policy. There seems to be a This seems to be the case in this ad- waiting until after Congress had ad- willingness to overlook the actions and ministration’s dealings with several journed. Mere coincidence? Well, the activities of certain rogue states when major drug producing or transit coun- administration did precisely the same it comes to their involvement in drug tries. It seems the administration stalling routine the year before when production and trafficking. would rather not know what these Syria was similarly spirited off the The purpose of our international countries are up to on drugs, lest list. Without any prior notice to Con- drug policy is to establish a framework knowing make it difficult to pursue gress. Once is accidental, twice is be- for achieving results that sustain the other goals. In several of these cases, ginning to look like a pattern. national interest. As part of that, the the countries involved are not friends Weeks after this move, the adminis- goal is to identify countries that are of the United States. One, Iran, is a tration finally provided an expla- major producers or transit zones for sworn enemy. It has used terrorism and nation. It deserves a full retelling to drugs. It is also to determine whether other tactics to attack U.S. interests appreciate. First, some basic facts. those countries are committed to co- and to kill Americans. it is also a drug Iran has a long history of drug produc- operate with the United States, with producing and transit country. tion, most opium. It is a major transit other countries, or are taking steps on For many years, the lack of coopera- country for opium and heroin from Af- their own to stop illegal drug production or reliable information of Iranian ghanistan and Pakistan. Major Iranian tion and transit. This goal is clearly in counter drug efforts placed them criminal gangs have been involved in the national interest. squarely on the list of countries decer- the drug trade for years. Most illegal drugs used in this coun- tified by the United States. Last year, Since the Iranian revolution, it has try are produced overseas and smug- however, the administration removed been difficult for any outsiders to de- gled to this country. In accomplishing Iran from the list. it did so on feeble termine what, if anything, the Islamic this, international drug thugs violate pretexts, with limited information, and Government is doing to stop this trade. our laws, international laws, and, in in a less than forthright manner. The It is also important to understand that most cases, the laws in the source and administration used lawyerly interpre- Iran was on the Majors List as a pro- transit countries. Those drugs kill and tation of statute to drop Iran from the ducing country. The law requires that maim more Americans every year than so-called Majors’ List. Doing this any country that grows more than 1,000 have all international terrorists in the meant the administration could then hectares of opium poppy be put on the last 10 years. In addition, they have duck the question of whether to certify list. Iran met this qualification. The made many of our schools, workplaces, Iran as cooperating on drugs or not. standard for classifying a transit coun- our streets and our homes unsafe and To accomplish this little sleight of try is not so precise and it is this im- dangerous. hand, the administration had to ignore precision that the administration ex- There are few threats more direct, the interconnectedness of drug traf- ploited. more immediate, and more telling in ficking, congressional intent, and the Here, in brief, is the administration’s our everyday lives than drug use and national interest. So far as I can deter- explanation for dropping Iran from the the activities of those who push them mine, it did this in the vague hope that list: Iran no longer grows more than on our young people. We pay the costs a unilateral gesture towards Iran on 1,000 hectares, and the transited heroin in our hospitals, in our jails, and in our drugs would see a reciprocal gesture does not come to the United States, so families. It is a devastation that we leading to detente. It is hard to ac- it does not qualify for the list. share with other countries. And the count for the change otherwise. And This latter rationalization is based problem overseas is growing worse. Not even so it is hard to comprehend. Never on the administration’s own favored only is drug production up but so is mind Iran’s continuing hostility, its way of reading the law. In this reading,

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13959 a major transit country does not qual- tion is also scant. But the situation is was it necessary to resort to gim- ify for the list if current intelligence even more dubious. micks? Is there something wrong with information does not show a direct Based on the past estimates, Iran presenting the facts publicly and flow to the United States. Since the cultivated nearly 4,000 hectares of reaching a reasonable consensus con- underground nature and fungibility of opium in various growing regions sistent with the national interest? Not the international drug trade is hard to across the country. The 1998 survey to mention that in this decision on quantify precisely, this leaves a lot of concentrated in only one of those tra- Iran and the earlier one on Syria that room for interpreting the facts to ditional growing areas. Although in the we did not consult with Israel, our reach a politically correct conclusion. early 1990s it was the major one, it still most consistent ally in the region? Was This, of course, leaves aside the ques- only accounted for some 80 percent of it necessary? Was it wise? tion of whether such an exception was total cultivation. The 1998 survey could Is this the way we conduct serious ever part of congressional intent or is find no significant growing areas in counter drug policy as part of our consistent with the law or the national these areas. But if we are to believe international efforts? But this is not interest. The reasoning is shaky on Iranian authorities, they have specifi- the only disturbing case. both policy and information. It also ig- cally attacked this cultivation with I earlier alluded to a similar situa- nores the nature of international drug vigorous eradication efforts. The im- tion with regard to Syria. I will not re- trade and criminal organizations and agery would seem to support this view the details of that case. Suffice it what must be done to get at them. And claim. But we also know that growers to say, they are in keeping with what it relies on how little we know about adjust to enforcement. It is not unrea- was done about Iran. The case I would what goes on inside Iran. sonable, therefore, to assume that drug like to look at more closely is that of In reality, the administration’s ap- producers might shift the locus of cul- North Korea. Here we have another proach is a resort to technicalities and tivation to less accessible areas and re- rogue state and enemy of the United convenient interpretations to dodge sort to measures to disguise produc- States that seems to get favored treat- the real issues. But as we have been in- tion. The 1998 survey did not examine ment when it comes to drugs. structed, it all depends upon what the other areas. There is credible and mounting evi- meaning of ‘‘is’’ is. But let’s remind We cannot, of course, prove a nega- dence that North Korea is a major pro- ourselves that what is being done here tive, but that should not lead us to ducing country of opium and processor is to base a weighty policy decision in- jump to conclusions, especially when of heroin. Stories of these activities volving serious issues of national secu- those conclusions are what we want. have circulated for years, including de- rity and well being on lawyerly games- Let me illustrate the point. If 20 per- tails provided by defectors. Informa- manship. And this on the unanchored cent of Iranian opium production—a tion that is further supported by the hope that the gesture, and that’s all it number based on earlier assessments— arrests of North Korean diplomats in is, might get a friendly reaction in was in areas other than those checked, numerous countries for drug smuggling Iran. What did Iran actually do in re- that figure alone gives us close to 800 using the diplomatic pouch. Defectors sponse? What you would expect. It hectares. Since those other areas— have indicated that illegal opium pro- thumbed its nose in our direction. But which cover an immense amount of duction and heroin sales have been let me illustrate a little further the countryside—were not checked, we used to fund North Korea’s overseas ac- way facts have been employed. cannot know if there was any produc- tivities and its nuclear program. Recall that Iran used to be on the tion for sure. But, it would only re- These reports also indicate that Majors List for producing over 1,000 quire a little effort on the part of grow- opium cultivation in North Korea far hectares of opium. Drop below this ers to shift a small amount of produc- exceed the 1,000 hectare level, ranging number, in the administration’s rea- tion to get us to our 1,000 hectare from 3,000 to 7,000 hectares depending soning, and you automatically fall off threshold. Also remember that opium on the climate and growing conditions. the list. In this very careful parsing of is an annual plant. In some areas it has In a country plagued by famine, pre- meaning, I would suppose that if a more than one growing season. Thus, a cious arable land has been turned to il- country produced 999 hectares, no mat- region that only had 500 hectares of licit opium production by the govern- ter what other facts applied, it opium at any one time but had two ment to fund terrorism and the devel- wouldn’t qualify. But is this the case in growing seasons, would have an actual opment of nuclear weapons. Until this Iran? The administration’s explanation total of 1,000 productive hectares per year, however, the administration did is that they could not find opium pro- year. I do not know that this was the not report on these activities. It was duction in Iran in 1998, ergo, they do case in Iran, but neither does the ad- not until Congress required such a re- not qualify on this criteria. But this ministration. It doesn’t know because port that we have even a hint of all of so-called objective assessment needs a it didn’t look. It didn’t look because it this in official reporting. When I asked little closer look. was not convenient. the administration two years ago to In most cases, we base our estimates I would suggest, even if you agree supply data on opium cultivation in of illicit crop production on overhead with the assumptions the administra- North Korea, it responded by saying imagery and photo interpretation. tion is making about the intent of the they did not have any detailed infor- While we are pretty good at it, this is law, that there are enough uncertain- mation. Why? Because the administra- not a precise science, whether we’re ties in estimating Iranian opium pro- tion was not looking for it. Under pres- talking vegetables or missiles. And it duction to counsel caution in reinter- sure, it is now beginning to look. While is, by the way, even more difficult preting the data. And even more cau- I welcome this, I am concerned that when it comes to counting vegetables. tion in using this to revise policy. All this search for information will be han- Good analysis is dependent of weather, the more so, given the nature of Iran’s dled in the same manner as was used in adequate overhead coverage, informa- past actions and attitudes towards the the case of Iran. Information will be tion from corroborating sources, and a United States. But even if you buy all collected, but it will be carefully track record of surveying that builds the rationalizations leading to a deci- scripted and narrowly interpreted. up a reliable picture over time. What sion to drop Iran from the Majors List, I find it puzzling that we should be was the case in Iran? Before the so- we are left with this: Is it responsible willing to cut such corners. What is it called objective, imagery-based assess- or creditable to make such a major about nations that are declared en- ment in 1998, the last overhead cov- shift in policy without even the pre- emies of this country and many of our erage of Iran had been in the early tense of consultation with Congress? allies that we look the other way when 1990s. Without an effort to explain the deci- it comes to drugs? What do we gain The 1998 decision was therefore based sion and shift to the public? from empty gestures? And why do we on a one-time shot after years of no If there are grounds for reconsidering make these gestures on an issue as informaiton. Corroborating informa- Iran’s counter narcotics efforts, why basic to the national interest and well

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13960 CONGRESSIONAL RECORD—SENATE June 23, 1999 being of U.S. citizens as drug policy? I tially dangerous, drugs. The Federal a decision that was in direct opposition am at a loss to explain it. So, rather government’s responsibility to prevent to an earlier policy determination by than trying to guess at motives, I am such misuse in states which have not her own Drug Enforcement Adminis- offering legislation to clarify the situa- legalized assisted suicide is already tration. tion and to require more overt expla- conceded by the Attorney General and It is significant to remember that in nations. I therefore send to the desk would not change. 1984 Congress passed amendments to Provide education and training to the Most Favored Rogue States Act of strengthen the Controlled Substances law enforcement officials and health 1999 and ask my colleagues to join me Act, due to specific concerns regarding professionals on medically accepted in supporting it. It addresses a serious the use of prescription drugs in lethal means for alleviating pain and other issue that needs our immediate atten- overdoses. Congress’s view was that tion. distressing symptoms for patients with while the states are the first line of de- advanced chronic disease or terminal fense against misuse of prescription By Mr. NICKLES (for himself, illness, including the legitimate use of drugs, the federal government must en- Mr. LIEBERMAN, Mr. LOTT, Mr. federally-controlled substances. ABRAHAM, Mr. ALLARD, Mr. Establish a ‘‘Program for Palliative force its own objective standard as to BROWNBACK, Mr. COVERDELL, Care Research and Quality’’ within the what constitutes such misuse—and it Mr. ENZI, Mr. HAGEL, Mr. Agency for Health Care Policy and Re- must have the authority to enforce INHOFE, Mr. CRAIG, AND Mr. search (AHCPR) to develop and ad- that standard when a state cannot or SESSIONS): vance scientific understanding of pal- will not do so. S. 1272. A bill to amend the Con- liative care, and collect, disseminate Again, Congress clearly spoke on the trolled Substances Act to promote pain and make available information on issue of assisted suicide when it passed management and palliative care with- pain management, especially for the the Assisted Suicide Federal Funding out permitting assisted suicide and eu- terminally ill health professionals and Restriction Act of 1997 by a nearly thanasia, and for other purposes; to the the general public. unanimous vote. Signing the bill Presi- Committee on Health, Education, Authorize $5 million for a grant pro- dent Clinton said it ‘‘will allow the Labor, and Pensions. gram within the Health Resources and Federal Government to speak with a PAIN RELIEF PROMOTION ACT OF 1999 Services Administration (HRSA) to clear voice in opposing these prac- Mr. NICKLES. Mr. President, end-of- make grants and contracts for the de- tices,’’ and warned that ‘‘to endorse as- life issues are some of the most com- velopment and implementation of pro- sisted suicide would set us on a dis- plicated our society wrestles with grams to provide education and train- turbing and perhaps dangerous path.’’ today, as medical technology dramati- ing in palliative care. It states that It is time for Congress to speak cally advances and life expectancies physicians entrusted by the federal again. continue to increase. Many of us have government with the authority to pre- relatives, or know someone, who has scribe and dispense federally-controlled Federal law is clearly intended to grappled with grave and terminal ill- substances may not abuse that author- prevent use of these drugs for lethal nesses. Doctors, caregivers, and family ity by using them for assisted suicide; overdoses, and contains no exception members work together in such situa- however, it strongly affirms that it is a for deliberate overdoses approved by a tions, not just in an effort to save a ‘‘legitimate medical purpose’’ to use physician. The DEA currently pursues loved one’s life, but to give them the these federally-controlled substances cases where a physician’s negligent use comfort and palliative care they de- to treat patient’s pain and end-of-life of controlled substances has led to the serve. However, love and concern can symptoms, even in light of the unfortu- death of a patient, it was inappropriate often come up against a confusing and nate and unintended side effect of pos- for the Attorney General to allow for complicated set of Federal and state sibly hastening a patient’s death. the intentional use of controlled sub- laws which govern and influence care Recognize that this policy promoting stances to cause the death of a patient. and treatment decisions in such situa- pain control does not authorize the use The Pain Relief Promotion Act will tions. of federally-controlled substances for clarify federal law, to affirm use of Today I, along with Senators intentional assistance in suicide or eu- controlled substances to control pain LIEBERMAN, LOTT, ABRAHAM, ALLARD, thanasia. and reject their deliberate use to kill BROWNBACK, COVERDELL, ENZI, HAGEL, Restore the uniform national stand- patients. HELMS, INHOFE, and CRAIG, introduce ard that federally-controlled sub- This legislation is overdue. Already the Pain Relief Promotion Act of 1999. stances can not be used for the purpose physicians have used these federally This comprehensive legislation will re- of assisted suicide by applying the cur- controlled substances to cause the store the uniform national standard of rent law in 49 states to all 50 states. death of their patients. There is no role the Controlled Substances Act (CSA) to This bill does not create any new regu- for the Federal government in pro- all 50 states. The Pain Relief Pro- latory authority for the DEA. viding assisted suicide. motion Act will: This is a straight-forward, very posi- Affirm and support aggressive pain tive bill that would merely apply what I urge my colleagues to support and management as a ‘‘legitimate medical is current law in 49 states to all 50 enact this urgently needed bipartisan purpose’’ for the use of federally-con- states, without increasing the federal legislation. trolled substances—even in cases where regulatory authority of the Drug En- Mr. President, I ask unanimous con- such use may unintentionally hasten forcement Administration (DEA). The sent that the text of the bill and let- death as a side-effect (‘‘principle of bill has been endorsed by organizations ters, of support be printed in the double effect’’). including the National Hospice Organi- RECORD. Encourage practitioners to dispense zation, American Society of Anesthe- and distribute federally-controlled sub- siologists, American Academy of Pain There being no objection, the mate- stances as medically appropriate to re- Management, and former Surgeon Gen- rial was ordered to be printed in the lieve pain and other distressing symp- eral Dr. C. Everett Koop. And, today I RECORD, as follows: toms, by clarifying that such conduct was informed that the House of Dele- S. 1272 is consistent with the Controlled Sub- gates of the American Medical Associa- stances Act. tion voted to support the bill. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Provide that a state law authorizing A variety of provisions in this legis- Congress assembled, or permitting assisted suicide or eutha- lation is in direct response to the June nasia does not change the federal gov- 5, 1998, letter by the Attorney General, SECTION 1. SHORT TITLE. ernment’s responsibility to prevent allowing Oregon to use federally-con- This Act may be cited as the ‘‘Pain Relief misuse of federally-controlled, poten- trolled substances for assisted suicide, Promotion Act of 1999’’.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13961 TITLE I—USE OF CONTROLLED SUB- seq.), as amended by section 103 of Public SEC. 203. EFFECTIVE DATE. STANCES CONSISTENT WITH THE CON- Law 105–392 (112 Stat. 3541), is amended— The amendments made by this title take TROLLED SUBSTANCES ACT (1) by redesignating sections 754 through effect October 1, 1999, or on the date of the SEC. 101. REINFORCING EXISTING STANDARD 757 as sections 755 through 758, respectively; enactment of this Act, whichever occurs FOR LEGITIMATE USE OF CON- and later. TROLLED SUBSTANCES. (2) by inserting after section 753 the following section: Section 303 of the Controlled Substances NATIONAL HOSPICE ORGANIZATION, Act (21 U.S.C. 823) is amended by adding at ‘‘SEC. 754. PROGRAM FOR EDUCATION AND Arlington, VA, June 11, 1999. TRAINING IN PALLIATIVE CARE. the end the following: Hon. DON NICKLES, ‘‘(a) IN GENERAL.—The Secretary, in con- ‘‘(i)(1) For purposes of this Act and any U.S. Senate, sultation with the Administrator for Health regulations to implement this Act, alle- Washington, DC. viating pain or discomfort in the usual Care Policy and Research, may make awards DEAR SENATOR NICKLES: The National Hos- course of professional practice is a legiti- of grants, cooperative agreements, and con- pice Organization has recently endorsed your mate medical purpose for the dispensing, dis- tracts to health professions schools, hos- bill, ‘‘The Pain Relief Promotion Act of tributing, or administering of a controlled pices, and other public and private entities 1999.’’ substance that is consistent with public for the development and implementation of health and safety, even if the use of such a programs to provide education and training Your legislation would provide a mecha- substance may increase the risk of death. to health care professionals in palliative nism for health care professionals to collect, Nothing in this section authorizes inten- care. review and disseminate vital practice proto- tionally dispensing, distributing, or admin- ‘‘(b) PRIORITIES.—In making awards under cols and effective pain management tech- istering a controlled substance for the pur- subsection (a), the Secretary shall give pri- niques within the health care community pose of causing death or assisting another ority to awards for the implementation of and the public. In addition, increased edu- person in causing death. programs under such subsection. cational efforts focused within the health ‘‘(c) CERTAIN TOPICS.—An award may be ‘‘(2) Notwithstanding any other provision professions community about the nature and made under subsection (a) only if the appli- of this Act, in determining whether a reg- practice of palliative care are important cant for the award agrees that the program istration is consistent with the public inter- components of your initiative. carried out with the award will include infor- Our 2,000 member hospices provide what est under this Act, the Attorney General mation and education on— Americans say they want if they were con- shall give no force and effect to State law ‘‘(1) means for alleviating pain and discom- fronted with a terminal illness—to die in authorizing or permitting assisted suicide or fort of patients, especially terminally ill pa- their home, free of pain, and with emotional euthanasia. tients, including the medically appropriate ‘‘(3) Paragraph (2) applies only to conduct support for themselves and their loved ones. use of controlled substances; occurring after the date of enactment of this For over 20 years, hospices have been in the ‘‘(2) applicable laws on controlled sub- subsection.’’. forefront of managing the complex medical stances, including laws permitting health and emotional needs of the terminally ill. It SEC. 102. EDUCATION AND TRAINING PROGRAMS. care professionals to dispense or administer is unfortunate that we continue to see indi- Section 502(a) of the Controlled Substances controlled substances as needed to relieve viduals living and dying in unnecessary pain Act (21 U.S.C. 872(a)) is amended— pain even in cases where such efforts may when the clinical and medical resources (1) by striking ‘‘and’’ at the end of para- unintentionally increase the risk of death; exist but widespread education is lacking. graph (5); and (2) by striking the period at the end of ‘‘(3) recent findings, developments, and im- Your legislation is a step toward a better paragraph (6) and inserting ‘‘; and’’; and provements in the provision of palliative awareness of effective pain management (3) by adding at the end the following: care. techniques and should ultimately change be- ‘‘(7) educational and training programs for ‘‘(d) PROGRAM SITES.—Education and train- havior to better serve the needs of termi- local, State, and Federal personnel, incor- ing under subsection (a) may be provided at nally ill patients and their families. porating recommendations by the Secretary or through health professions schools, resi- Sincerely, of Health and Human Services, on the nec- dency training programs and other graduate KAREN A. DAVIE, essary and legitimate use of controlled sub- programs in the health professions, entities President. stances in pain management and palliative that provide continuing medical education, care, and means by which investigation and hospices, and such other programs or sites as AMERICAN ACADEMY enforcement actions by law enforcement per- the Secretary determines to be appropriate. OF PAIN MANAGEMENT, sonnel may accommodate such use.’’. ‘‘(e) EVALUATION OF PROGRAMS.—The Sec- Sonora, CA, June 15, 1999. TITLE II—PROMOTING PALLIATIVE CARE retary shall (directly or through grants or Senator DONALD NICKLES, contracts) provide for the evaluation of pro- SEC. 201. ACTIVITIES OF AGENCY FOR HEALTH Washington, DC. CARE POLICY AND RESEARCH. grams implemented under subsection (a) in DEAR SENATOR NICKLES: The American order to determine the effect of such pro- Part A of title IX of the Public Health Academy of Pain Management, America’s grams on knowledge and practice regarding Service Act (42 U.S.C. 299 et seq.) is amended largest multidisciplinary pain organization, palliative care. by adding at the end the following: applauds your efforts to end the pain and ‘‘(f) PEER REVIEW GROUPS.—In carrying out ‘‘SEC. 906. PROGRAM FOR PALLIATIVE CARE RE- suffering for Americans. The Board of Direc- section 799(f) with respect to this section, tors of the American Academy of Pain Man- SEARCH AND QUALITY. the Secretary shall ensure that the member- ‘‘(a) IN GENERAL.—The Administrator shall agement supports The Pain Relief Promotion ship of each peer review group involved in- Act of 1999. We share your belief that opioid carry out a program to accomplish the fol- cludes one or more individuals with exper- lowing: analgesics should be available for those un- tise and experience in palliative care. fortunately suffering from the pain associ- ‘‘(1) Develop and advance scientific under- ‘‘(g) DEFINITION.—For purposes of this sec- ated with terminal illnesses. The alter- standing of palliative care. tion, the term ‘palliative care’ means the ac- natives to assisted suicide and euthanasia ‘‘(2) Collect and disseminate protocols and tive total care of patients whose prognosis is are compassionate and appropriate methods evidence-based practices regarding palliative limited due to progressive, far-advanced dis- for prescribers to relieve pain without fear of care, with priority given to pain manage- ease. The purpose of such care is to alleviate regulatory discipline. ment for terminally ill patients, and make pain and other distressing symptoms and to such information available to public and pri- enhance the quality of life, not to hasten or The Pain Relief Promotion Act of 1999 pro- vate health care programs and providers, postpone death.’’. vides for law enforcement education, the de- health professions schools, and hospices, and (b) AUTHORIZATION OF APPROPRIATIONS; AL- velopment and dissemination of practice to the general public. LOCATION.— guidelines, increased funding for palliative ‘‘(b) DEFINITION.—For purposes of this sec- (1) IN GENERAL.—Section 758 of the Public care research, and safeguards for unlawful tion, the term ‘palliative care’ means the ac- Health Service Act (as redesignated by sub- prescribers of controlled substances. This tive total care of patients whose prognosis is section (a)(1) of this section) is amended in bill appropriately reflects the changing phi- limited due to progressive, far-advanced dis- subsection (b)(1)(C) by striking ‘‘sections 753, losophy about pain control as a significant ease. The purpose of such care is to alleviate 754, and 755’’ and inserting ‘‘section 753, 754, priority in the care of those facing terminal pain and other distressing symptoms and to 755, and 756’’. illnesses. enhance the quality of life, not to hasten or (2) AMOUNT.—With respect to section 758 of The American Academy of Pain Manage- postpone death.’’. the Public Health Service Act (as redesig- ment thanks you for your effort to improve SEC. 202. ACTIVITIES OF HEALTH RESOURCES nated by subsection (a)(1) of this section), the quality of life for Americans. AND SERVICES ADMINISTRATION. the dollar amount specified in subsection Sincerely, (a) IN GENERAL.—Part D of title VII of the (b)(1)(C) of such section is deemed to be in- RICHARD S. WEINER, Ph.D., Public Health Service Act (42 U.S.C. 294 et creased by $5,000,000. Executive Director.

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AMERICAN SOCIETY sor of S. 26, a bill entitled the ‘‘Bipar- (Mr. DODD) was added as a cosponsor of OF ANESTHESIOLOGISTS, tisan Campaign Reform Act of 1999.’’ S. 664, a bill to amend the Internal Washington, DC, June 16, 1999. S. 42 Revenue Code of 1986 to provide a cred- Hon. DON NICKLES, it against income tax to individuals Assistant Majority Leader, U.S. Senate, Wash- At the request of Mr. HELMS, the ington, DC. name of the Senator from Kansas (Mr. who rehabilitate historic homes or who DEAR SENATOR NICKLES: In my capacity as BROWNBACK) was added as a cosponsor are the first purchasers of rehabilitated President of the American Society of Anes- of S. 42, a bill to amend title X of the historic homes for use as a principal thesiologists, a national medical association Public Health Service Act to permit residence. comprised of 34,000 physicians and other sci- family planning projects to offer adop- S. 820 entists engaged or especially interested in tion services. At the request of Mr. CHAFEE, the the practice of anesthesiology, I am pleased name of the Senator from Missouri to offer our endorsement of the Pain Relief S. 242 Promotion Act of 1999, which I understand At the request of Mr. JOHNSON, the (Mr. BOND) was added as a cosponsor of you will introduce this week. name of the Senator from North Da- S. 820, a bill to amend the Internal Many ASA members engage in a pain man- kota (Mr. CONRAD) was added as a co- Revenue Code of 1986 to repeal the 4.3- agement practice, and such a practice regu- sponsor of S. 242, a bill to amend the cent motor fuel excise taxes on rail- larly includes the treatment of intractable Federal Meat Inspection Act to require roads and inland waterway transpor- pain, experienced by terminally or severely the labeling of imported meat and tation which remain in the general ill patients, through the prescription of con- fund of the Treasury. trolled substances. As you are aware, a meat food products. S. 873 major concern among these practitioners has S. 285 At the request of Mr. DURBIN, the involved the possible that aggressive treat- At the request of Mr. MCCAIN, the names of the Senator from Vermont ment of intractable pain involving increased name of the Senator from New Jersey risk of death—however medically necessary (Mr. JEFFORDS) and the Senator from (Mr. TORRICELLI) was added as a co- to provide the patient with the best possible Wisconsin (Mr. KOHL) were added as cosponsor of S. 285, a bill to amend title quality of life—could be the subject of crimi- sponsors of S. 873, a bill to close the II of the Social Security Act to restore nal prosecution as involving alleged intent United States Army School of the the link between the maximum amount to cause death. Americas. ASA’s House of Delegates has formally ex- of earnings by blind individuals per- pressed the Society’s opposition to physician mitted without demonstrating ability S. 880 assisted suicide as incompatible with the to engage in substantial gainful activ- At the request of Mr. INHOFE, the role of the physician. At the same time, the ity and the exempt amount permitted name of the Senator from Missouri Society believes anesthesiologists ‘‘should in determining excess earnings under (Mr. BOND) was added as a cosponsor of always strive to relieve suffering, address the earnings test. S. 880, a bill to amend the Clean Air the psychological and spiritual needs of pa- Act to remove flammable fuels from S. 510 tients at the end of life, add value to a pa- the list of substances with respect to tient’s remaining life and allow patients to At the request of Mr. CAMPBELL, the which reporting and other activities die with dignity’’. name of the Senator from Arkansas We find your bill to be fully consistent are required under the risk manage- (Mr. HUTCHINSON) was added as a co- ment plan program with these principles, in that (1) it denies sponsor of S. 510, a bill to preserve the S. 882 support in federal law for intentional use of sovereignty of the United States over a controlled substance for the purpose of At the request of Mr. MURKOWSKI, the public lands and acquired lands owned causing death or assisting another person in name of the Senator from Missouri by the United States, and to preserve causing death, but (2) it includes in federal (Mr. BOND) was added as a cosponsor of State sovereignty and private property law recognition that alleviating pain in the S. 882, a bill to strengthen provisions in usual course of professional practice is a le- rights in non-Federal lands sur- the Energy Policy Act of 1992 and the gitimate medical purpose for dispensing a rounding those public lands and ac- Federal Nonnuclear Energy Research controlled substance that is consistent with quired lands. public health and safety, even if the use of and Development Act of 1974 with re- S. 530 such a substance may increase the risk of spect to potential Climate Change. At the request of Mr. GORTON, the death. S. 1172 name of the Senator from Oregon (Mr. ASA believes that the bill articulates an At the request of Mr. TORRICELLI, the appropriate standard for distinguishing be- WYDEN) was added as a cosponsor of S. name of the Senator from Alabama tween assisted suicide and medically-appro- 530, a bill to amend the Act commonly (Mr. SESSIONS) was added as a cospon- priate aggressive treatment of severe pain. known as the ‘‘Export Apple and Pear Although we have some continuing concern sor of S. 1172, a bill to provide a patent Act’’ to limit the applicability of that term restoration review procedure for whether law enforcement officers will regu- act to apples. larly recognize and honor this critical dis- certain drug products. S. 579 tinction, we believe much can be accom- S. 1244 plished through the education and training At the request of Mr. BROWNBACK, the At the request of Mr. THOMPSON, the programs contemplated by section 102 of the names of the Senator from Alabama name of the Senator from Alaska (Mr. bill. We look forward to the opportunity, (Mr. SHELBY) and the Senator from during congressional consideration of the STEVENS) was added as a cosponsor of Mississippi (Mr. LOTT) were added as S. 1244, a bill to establish a 3-year pilot bill, to work with you and your staff to cosponsors of S. 579, a bill to amend the strengthen this provision to assure that the project for the General Accounting Of- these programs include input from medical Foreign Assistance Act of 1961 to tar- fice to report to Congress on economi- practitioners regularly engaged in a pain get assistance to support the economic cally significant rules of Federal agen- management practice. and political independence of the coun- cies, and for other purposes. If we can be of further assistance, please tries of the South Caucasus and Cen- S. 1253 ask your staff to contact Michael Scott in tral Asia. At the request of Mr. INOUYE, the our Washington office, at the address and S. 632 telephone number listed above. name of the Senator from California Sincerely, At the request of Mr. DEWINE, the (Mrs. FEINSTEIN) was added as a co- JOHN B. NEELD, Jr., M.D., name of the Senator from Nebraska sponsor of S. 1253, A bill to authorize President. (Mr. HAGEL) was added as a cosponsor the Secretary of Commerce, through f of S. 632, a bill to provide assistance for the National Oceanic and Atmospheric poison prevention and to stabilize the Administration, to provide financial ADDITIONAL COSPONSORS funding of regional poison control cen- assistance for coral reef conservation S. 26 ters. projects, and for other purposes. At the request of Mr. MCCAIN, the S. 664 S. 1266 name of the Senator from Maryland At the request of Mr. CHAFEE, the At the request of Mr. GORTON, the (Ms. MIKULSKI) was added as a cospon- name of the Senator from Connecticut names of the Senator from Mississippi

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(Mr. LOTT), the Senator from Florida known about early brain development and the Perishable Agricultural Commodities (Mr. MACK), and the Senator from Ne- the role parents play in promoting that de- Act, 1930 (7 U.S.C. 499a(b)) braska (Mr. HAGEL) were added as co- velopment in their children, and used this (b) NOTICE OF COUNTRY OF ORIGIN RE- sponsors of S. 1266, a bill to allow a foresight to develop the vanguard Born to QUIRED.—Except as provided in subsection Learn Curriculum; and (c), a retailer of a perishable agricultural State to combine certain funds to im- Whereas after nearly 2 decades of leader- commodity imported into the United States prove the academic achievement of all ship of the Parents as Teachers program, shall inform consumers, at the final point of its students. Mildred Winter has chosen to step down as sale of the perishable agricultural com- SENATE RESOLUTION 59 Executive Director of the organization: Now, modity to consumers, of the country of ori- At the request of Mr. LAUTENBERG, therefore, be it gin of the perishable agricultural com- the names of the Senator from Cali- Resolved, modity. SECTION 1. RECOGNITION OF MILDRED WINTER. (c) EXEMPTION FOR FOOD SERVICE ESTAB- fornia (Mrs. FEINSTEIN) and the Sen- That it is the sense of the Senate that— LISHMENTS.—Subsection (b) shall not apply ator from Minnesota (Mr. WELLSTONE) (1) admiration and respect be shown for the to a perishable agricultural commodity im- were added as cosponsors of Senate visionary and innovative work of Mildred ported into the United States to the extent Resolution 59, resolution designating Winter in the field of childhood education; that the perishable agricultural commodity both July 2, 1999, and July 2, 2000, as and is— ‘‘National Literacy Day.’’ (2) appreciation be shown for the work that (1) prepared or served in a food service es- Mildred Winter has done through the Par- tablishment; and f ents as Teachers program which has enriched (2)(A) offered for sale or sold at the food SENATE RESOLUTION 126—EX- the lives of hundreds of thousands of chil- service establishment in normal retail quan- dren and provided such children with a far tities; or PRESSING THE SENSE OF THE (B) served to consumers at the food service SENATE THAT APPRECIATION BE better chance of success and happiness in school and in life. establishment. SHOWN FOR THE EXTRAOR- (d) METHOD OF NOTIFICATION DINARY WORK OF MILDRED WIN- f (1) IN GENERAL.—The information required TER AS MISSOURI TEACHER AND SENATE RESOLUTION 127—TO DI- by subsection (b) may be provided to con- LEADER IN CREATING THE PAR- RECT THE SECRETARY OF THE sumers by means of a label, stamp, mark, placard, or other clear and visible sign on ENTS AS TEACHERS PROGRAM SENATE TO REQUEST THE RE- ON THE OCCASION THAT MIL- the imported perishable agricultural com- TURN OF CERTAIN PAPER modity or on the package, display, holding DRED WINTER STEPS DOWN AS Mr. LOTT submitted the following unit, or bin containing the commodity at the EXECUTIVE DIRECTOR OF SUCH final point of sale to consumers. PROGRAM resolution; which was considered and agreed to: (2) LABELED COMMODITIES.—If the imported Mr. BOND submitted the following perishable agricultural commodity is al- S. RES. 127 resolution; which was considered and ready individually labeled regarding country Resolved, That the Secretary of the Senate of origin by the packer, importer, or another agreed to: is directed to request the House of Rep- person, the retailer shall not be required to S. RES. 126 resentatives to return the official papers on provide any additional information to com- Whereas Mildred Winter has, with deter- S. 331. ply with this section. (e) VIOLATIONS.—If a retailer fails to indi- mination, expertise, and unflagging energy, f dedicated her professional life to early child- cate the country of origin of an imported hood and parent education; AMENDMENTS SUBMITTED perishable agricultural commodity as re- Whereas Mildred Winter began her remark- quired by subsection (b), the Secretary of able career as an educator and leader as a Agriculture may assess a civil penalty on the teacher in the Berkeley and Ferguson- AGRICULTURE, RURAL DEVELOP- retailer in an amount not to exceed— Florissant School Districts in Missouri; MENT, FOOD AND DRUG ADMIN- (1) $1,000 for the first day on which the violation occurs; and Whereas Mildred Winter served as Mis- ISTRATION, AND RELATED souri’s first Early Childhood Education Di- (2) $250 for each day on which the same vio- rector from 1972 until 1984, during which AGENCIES APPROPRIATIONS lation continues. time the early childhood education services ACT, 2000 (f) DEPOSIT OF FUNDS.—Amounts collected to Missouri families and children improved under subsection (e) shall be deposited in the and increased dramatically; Treasury of the United States as miscella- Whereas Mildred Winter was a leader in GRAHAM (AND HOLLINGS) neous receipts. initiating the Parents as Teachers program AMENDMENT NO. 732 (g) APPLICATION OF SECTION.—This section in Missouri in 1981 to address the critical shall apply with respect to a perishable 37 problem of children entering school in need (Ordered to lie on the table.) agricultural commodity imported into the of special help; Mr. GRAHAM (for himself and Mr. United States after the end of the 6-month Whereas the Parents as Teachers program HOLLINGS) submitted an amendment period beginning on the date of the enact- gives all parents, regardless of social or eco- intended to be proposed by them to the ment of this Act. nomic circumstances, the support and guid- bill (S. 1233) making appropriations for f ance necessary to be their children’s best Agriculture, Rural Development, Food RELATING TO PLEDGE OF ALLE- teachers in the critical early years; and Drug Administration, and Related GIANCE IN THE SENATE CHAM- Whereas Mildred Winter worked to secure Agencies programs for the fiscal year passage in the Missouri General Assembly of BER the Early Childhood Education Act of 1984, ending September 30, 2000, and for landmark legislation which led to the cre- other purposes; as follows: ation of Parents as Teachers programs in On page 76 between lines 6 and 7, insert the SMITH (AND McCONNELL) Missouri; following: AMENDMENTS NO. 733 Whereas Mildred Winter is recognized as a SEC. 7 . INDICATION OF COUNTRY OF ORIGIN OF visionary leader by her peers throughout the IMPORTED PERISHABLE AGRICUL- Mr. SMITH of New Hampshire (for country for her unwavering commitment to TURAL COMMODITIES. himself and Mr. MCCONNELL) proposed early childhood education; (a) DEFINITIONS.—In this section: an amendment to the resolution (S. Whereas Mildred Winter and the Parents as (1) FOOD SERVICE ESTABLISHMENT.—The Res. 113) to amend the Standing Rules Teachers program have received numerous term ‘food service establishment’ means a of the Senate to require that the prestigious awards at the State and national restaurant, cafeteria, lunch room, food Pledge of Allegiance to the Flag of the levels; stand, saloon, tavern, bar, lounge, or other United States be recited at the com- Whereas today there are over 2,200 Parents similar facility, operated as an enterprise as Teachers programs in 49 States, the Dis- engaged in the business of selling foods to mencement of the daily session of the trict of Columbia, and 6 other countries; the public. Senate; as follows: Whereas while continually striving to (2) PERISHABLE AGRICULTURAL COMMODITY; On page 2, line 4, strike all after ‘‘Pre- move the Parents as Teachers program for- RETAILER.—The terms ‘perishable agricul- siding Officer’’ and insert ‘‘, or a Senator ward, in 1995 Mildred Winter recognized the tural commodity’ and ‘retailer’ have the designated by the Presiding Officer, leads importance of sharing with parents what is meanings given the terms in section 1(b) of the Senate from the dais in reciting the

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Pledge of Allegiance to the Flag of the ‘‘(IV) OFF-SITE CONSEQUENCE ANALYSIS IN- make off-site consequence analysis informa- United States. FORMATION.—The term ‘off-site consequence tion available to covered persons for official f analysis information’ means those portions use in a manner that meets the requirements of a risk management plan, excluding the ex- of items (cc) through (ee) of clause (ii)(II), CONCERNING RACIAL MINORITIES ecutive summary of the plan, consisting of and to the public in a form that does not IN IRAN an evaluation of 1 or more worst-case sce- make available any information concerning nario or alternative scenario accidental re- the identity or location of stationary leases, and any electronic data base created sources, during the period— SCHUMER AMENDMENT NO. 734 by the Administrator from those portions. ‘‘(I) beginning on the date of enactment of ‘‘(V) RISK MANAGEMENT PLAN.—The term Mr. SCHUMER proposed an amend- this subparagraph; and ‘risk management plan’ means a risk man- ‘‘(II) ending on the earlier of the date of ment to the concurrent resolution (S. agement plan submitted to the Adminis- promulgation of the regulations under clause Con. Res. 39) expressing the sense of trator by an owner or operator of a sta- (ii) or the date that is 1 year after the date the Congress regarding the treatment tionary source under subparagraph (B). of enactment of this subparagraph. of religious minorities in the Islamic ‘‘(ii) REGULATIONS.—Not later than 1 year ‘‘(v) PROHIBITION ON UNAUTHORIZED DISCLO- Republic of Iran, and particularly the after the date of enactment of this subpara- SURE OF INFORMATION BY COVERED PERSONS.— recent arrests of members of that coun- graph, the President shall— ‘‘(I) IN GENERAL.—Beginning on the date of ‘‘(I) assess— try’s Jewish community; as follows: enactment of this subparagraph, a covered ‘‘(aa) the increased risk of terrorist and person shall not disclose to the public off- On page 3, line 3, strike ‘‘Clinton Adminis- other criminal activity associated with the site consequence analysis information in any tration’’ and insert ‘‘United States’’. posting of off-site consequence analysis inform, or any statewide or national ranking On page 3, strike line 4 to line 5 before formation on the Internet; and of identified stationary sources derived from ‘‘continue’’. ‘‘(bb) the incentives created by public dis- such information, except as authorized by On page 3, beginning with line 7, strike the closure of off-site consequence analysis in- this subparagraph (including the regulations word ‘‘recommendation’’ and insert ‘‘the rec- formation for reduction in the risk of acci- promulgated under clause (ii)). After the end ommendation of resolution 1999/13.’’ dental releases and criminal releases; and of the 1-year period beginning on the date of On page 3, line 9, insert after ‘‘(2)’’ ‘‘con- ‘‘(II) based on the assessment under sub- enactment of this subparagraph, if regula- tinue to’’. clause (I), promulgate regulations governing tions have not been promulgated under f the distribution of off-site consequence anal- clause (ii), the preceding sentence shall not ysis information in a manner that, in the apply. FUELS REGULATORY RELIEF ACT opinion of the President, minimizes the like- ‘‘(II) CRIMINAL PENALTIES.— lihood of accidental releases and criminal re- ‘‘(aa) KNOWING VIOLATIONS.—A covered per- leases and the likelihood of harm to public CHAFEE AMENDMENT NO. 735 son that knowingly violates a restriction or health and welfare, and— prohibition established by this subparagraph Mr. GRASSLEY (for Mr. CHAFEE) ‘‘(aa) allows access by any member of the (including the regulations promulgated proposed an amendment to the bill (S. public to paper copies of off-site consequence under clause (ii)) shall be fined not more analysis information for a limited number of than $5,000 for each unauthorized disclosure 880) to amend the Clean Air Act to re- stationary sources located anywhere in the of off-site consequence analysis information. move flammable fuels from the list of United States; The disclosure of off-site consequence anal- substances with respect to which re- ‘‘(bb) allows other public access to off-site ysis information for each specific stationary porting and other activities are re- consequence analysis information as appro- source shall be considered a separate offense. priate; quired under the risk management plan Section 3571 of title 18, United States Code, ‘‘(cc) allows access for official use by a cov- program; as follows: shall not apply to an offense under this item. ered person described in any of items (cc) Strike section 4 and insert the following: The total of all penalties that may be im- through (ff) of clause (i)(I) (referred to in posed on a single person or organization SEC. 4. PUBLIC ACCESS TO OFF-SITE CON- this subclause as a ‘State or local covered SEQUENCE ANALYSIS INFORMATION. person’) to off-site consequence analysis in- under this item shall not exceed $100,000 for (a) IN GENERAL.—Section 112(r)(7) of the formation relating to stationary sources lo- violations committed during any 1 calendar Clean Air Act (42 U.S.C. 7412(r)(7)) is amend- cated in the person’s State; year. ed by adding at the end the following: ‘‘(dd) allows a State or local covered per- ‘‘(bb) WILLFUL VIOLATIONS.—A covered per- ‘‘(H) PUBLIC ACCESS TO OFF-SITE CON- son to provide, for official use, off-site con- son that willfully violates a restriction or SEQUENCE ANALYSIS INFORMATION.— sequence analysis information relating to prohibition established by this subparagraph ‘‘(i) DEFINITIONS.—In this subparagraph: stationary sources located in the person’s (including the regulations promulgated ‘‘(I) COVERED PERSON.—The term ‘covered State to a State or local covered person in a under clause (ii)) shall be fined under section person’ means— contiguous State; and 3571 of title 18, United States Code, for each ‘‘(aa) an officer or employee of the United ‘‘(ee) allows a State or local covered person unauthorized disclosure of off-site con- States; to obtain for official use, by request to the sequence analysis information, but shall not ‘‘(bb) an officer or employee of an agent or Administrator, off-site consequence analysis be subject to imprisonment. The total of all contractor of the Federal Government; information that is not available to the per- penalties that may be imposed on a single ‘‘(cc) an officer or employee of a State or son under item (cc). person or organization under this item shall local government; ‘‘(iii) AVAILABILITY UNDER FREEDOM OF IN- not exceed $1,000,000 for violations com- ‘‘(dd) an officer or employee of an agent or FORMATION ACT.— mitted during any 1 calendar year. contractor of a State or local government; ‘‘(I) FIRST YEAR.—Off-site consequence ‘‘(III) APPLICABILITY.—If the owner or oper- ‘‘(ee) an individual affiliated with an enti- analysis information, and any ranking of ator of a stationary source makes off-site ty that has been given, by a State or local stationary sources derived from the informa- consequence analysis information relating to government, responsibility for preventing, tion, shall not be made available under sec- that stationary source available to the pub- planning for, or responding to accidental re- tion 552 of title 5, United States Code, during lic without restriction— leases and criminal releases; the 1-year period beginning on the date of ‘‘(aa) subclauses (I) and (II) shall not apply ‘‘(ff) an officer or employee or an agent or enactment of this subparagraph. with respect to the information; and contractor of an entity described in item ‘‘(II) AFTER FIRST YEAR.—If the regulations ‘‘(bb) the owner or operator shall notify (ee); and under clause (ii) are promulgated on or be- the Administrator of the public availability ‘‘(gg) a qualified researcher under clause fore the end of the period described in sub- of the information. (vii). clause (I), off-site consequence analysis in- ‘‘(IV) LIST.—The Administrator shall ‘‘(II) CRIMINAL RELEASE.—The term ‘crimi- formation covered by the regulations, and maintain and make publicly available a list nal release’ means an emission of a regulated any ranking of stationary sources derived of all stationary sources that have provided substance into the ambient air from a sta- from the information, shall not be made notification under subclause (III)(bb). tionary source that is caused, in whole or in available under section 552 of title 5, United ‘‘(vi) GUIDANCE.— part, by a criminal act. States Code, after the end of that period. ‘‘(I) ISSUANCE.—Not later than 60 days after ‘‘(III) OFFICIAL USE.—The term ‘official ‘‘(III) APPLICABILITY.—Subclauses (I) and the date of enactment of this subparagraph, use’ means an action of a Federal, State, or (II) apply to off-site consequence analysis in- the Administrator, after consultation with local government agency or an entity re- formation submitted to the Administrator the Attorney General and the States, shall ferred to in subclause (I)(ee) intended to before, on, or after the date of enactment of issue guidance that describes official uses of carry out a function relevant to preventing, this subparagraph. off-site consequence analysis information in planning for, or responding to accidental re- ‘‘(iv) AVAILABILITY OF INFORMATION DURING a manner consistent with the restrictions in leases or criminal releases. TRANSITION PERIOD.—The Administrator shall items (cc) through (ee) of clause (ii)(II).

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‘‘(II) RELATIONSHIP TO REGULATIONS.—The ‘‘(aa) the preliminary findings under sub- COMMITTEE ON BANKING, HOUSING, AND URBAN guidance describing official uses shall be clause (I); AFFAIRS modified, as appropriate, consistent with the ‘‘(bb) the methods used to develop those Mr. NICKLES. Mr. President, I ask regulations promulgated under clause (ii). findings; and unanimous consent that the Com- ‘‘(III) DISTRIBUTION.—The Administrator ‘‘(cc) an explanation of the activities ex- mittee on Banking, Housing, and shall transmit a copy of the guidance de- pected to occur that could cause the findings scribing official uses to— of the report under subclause (I) to be dif- Urban Affairs be authorized to meet ‘‘(aa) each covered person to which off-site ferent from the preliminary findings. during the session of the Senate on consequence analysis information is made ‘‘(xii) SCOPE.—This subparagraph— Wednesday, June 23, 1999, to conduct a available under clause (iv); and ‘‘(I) applies only to covered persons; and hearing on ‘‘Export Administration ‘‘(bb) each covered person to which off-site ‘‘(II) does not restrict the dissemination of Act Reauthorization: Government consequence analysis information is made off-site consequence analysis information by Views.’’ available for an official use under the regula- any covered person in any manner or form The PRESIDING OFFICER. Without tions promulgated under clause (ii). except in the form of a risk management objection, it is so ordered. ‘‘(vii) QUALIFIED RESEARCHERS.— plan or an electronic data base created by ‘‘(I) IN GENERAL.—Not later than 180 days the Administrator from off-site consequence COMMITTEE ON COMMERCE, SCIENCE, AND after the date of enactment of this subpara- analysis information. TRANSPORTATION graph, the Administrator, in consultation ‘‘(xiii) AUTHORIZATION OF APPROPRIA- Mr. NICKLES. Mr. President, I ask with the Attorney General, shall develop and TIONS.—There are authorized to be appro- unanimous consent that the Senate implement a system for providing off-site priated to the Administrator and the Attor- Committee on Commerce, Science, and consequence analysis information, including ney General such sums as are necessary to Transportation be authorized to meet facility identification, to any qualified re- carry out this subparagraph (including the on Wednesday, June 23, 1999, at 9:30 searcher, including a qualified researcher regulations promulgated under clause (ii)), a.m. on pending committee business. from industry or any public interest group. to remain available until expended.’’. ‘‘(II) LIMITATION ON DISSEMINATION.—The (b) REPORTS.— The PRESIDING OFFICER. Without system shall not allow the researcher to dis- (1) DEFINITION OF ACCIDENTAL RELEASE.—In objection, it is so ordered. seminate, or make available on the Internet, this subsection, the term ‘‘accidental re- COMMITTEE ON FINANCE the off-site consequence analysis informa- lease’’ has the meaning given the term in Mr. NICKLES. Mr. President, the Fi- tion, or any portion of the off-site con- section 112(r)(2) of the Clean Air Act (42 nance Committee requests unanimous sequence analysis information, received U.S.C. 7412(r)(2)). consent to conduct a hearing on under this clause. (2) REPORT ON STATUS OF CERTAIN AMEND- Wednesday, June 23, 1999, beginning at ‘‘(viii) READ-ONLY INFORMATION TECH- MENTS.—Not later than 2 years after the date NOLOGY SYSTEM.—In consultation with the of enactment of this Act, the Comptroller 10 a.m. in room 215 Dirksen. Attorney General and the heads of other ap- General of the United States shall submit to The PRESIDING OFFICER. Without propriate Federal agencies, the Adminis- Congress a report on the status of the devel- objection, it is so ordered. trator shall establish an information tech- opment of amendments to the National Fire COMMITTEE ON FOREIGN RELATIONS nology system that provides for the avail- Protection Association Code for Liquefied Mr. NICKLES. Mr. President, I ask ability to the public of off-site consequence Petroleum Gas that will result in the provi- unanimous consent that the Com- analysis information by means of a central sion of information to local emergency re- data base under the control of the Federal sponse personnel concerning the off-site ef- mittee on Foreign Relations be author- Government that contains information that fects of accidental releases of substances ex- ized to meet during the session of the users may read, but that provides no means empted from listing under section 112(r)(4)(B) Senate on Wednesday, June 23, 1999, at by which an electronic or mechanical copy of of the Clean Air Act (as added by section 3). 4 p.m. to hold a hearing. the information may be made. (3) REPORT ON COMPLIANCE WITH CERTAIN IN- The PRESIDING OFFICER. Without ‘‘(ix) VOLUNTARY INDUSTRY ACCIDENT PRE- FORMATION SUBMISSION REQUIREMENTS.—Not objection, it is so ordered. VENTION STANDARDS.—The Environmental later than 3 years after the date of enact- COMMITTEE ON GOVERNMENTAL AFFAIRS Protection Agency, the Department of Jus- ment of this Act, the Comptroller General of tice, and other appropriate agencies may the United States shall submit to Congress a Mr. NICKLES. Mr. President, I ask provide technical assistance to owners and report that— unanimous consent that the Govern- operators of stationary sources and partici- (A) describes the level of compliance with mental Affairs Committee be per- pate in the development of voluntary indus- Federal and State requirements relating to mitted to meet on Wednesday, June 23, try standards that will help achieve the ob- the submission to local emergency response 1999, at 10 a.m. for a hearing on the jectives set forth in paragraph (1). personnel of information intended to help Interagency Inspectors General Report ‘‘(x) EFFECT ON STATE OR LOCAL LAW.— the local emergency response personnel re- on the Export-Control Process for ‘‘(I) IN GENERAL.—Subject to subclause (II), spond to chemical accidents or related envi- this subparagraph (including the regulations ronmental or public health threats; and Dual-Use and Munitions List Commod- promulgated under this subparagraph) shall (B) contains an analysis of the adequacy of ities. supersede any provision of State or local law the information required to be submitted The PRESIDING OFFICER. Without that is inconsistent with this subparagraph and the efficacy of the methods for deliv- objection, it is so ordered. (including the regulations). ering the information to local emergency re- COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(II) AVAILABILITY OF INFORMATION UNDER sponse personnel. AND PENSIONS STATE LAW.—Nothing in this subparagraph (c) TERMINATION OF AUTHORITY.—The au- Mr. NICKLES. Mr. President, I ask precludes a State from making available thority provided by this section and the unanimous consent that the Com- data on the off-site consequences of chemical amendment made by this section terminates releases collected in accordance with State 6 years after the date of enactment of this mittee on Health, Education, Labor, law. Act. and Pensions be authorized to meet for a hearing on ‘‘ESEA: Title VI’’ during ‘‘(xi) REPORT ON ACHIEVEMENT OF OBJEC- f TIVES.— the session of the Senate on ‘‘(I) IN GENERAL.—Not later than 3 years AUTHORITY FOR COMMITTEES TO Wedkesday, June 23, 1999, at 9:30 a.m. after the date of enactment of this subpara- MEET The PRESIDING OFFICER. Without graph, the Comptroller General shall submit COMMITTEE ON ARMED SERVICES objection, it is so ordered. to Congress a report that describes the extent to which the regulations promulgated Mr. NICKLES. Mr. President, I ask COMMITTEE ON INDIAN AFFAIRS under this paragraph have resulted in ac- unanimous consent that the Com- Mr. NICKLES. Mr. President I ask tions, including the design and maintenance mittee on Armed Services be author- unanimous consent that the Senate of safe facilities, that are effective in detect- ized to meet on Wednesday, June 23, Committee on Indian Affairs be authoring, preventing, and minimizing the con- 1999, at 9:30 a.m. in open session, to re- ized to meet during the session of the sequences of releases of regulated substances ceive testimony on recommendations Senate on Wednesday, June 23, 1999, at that may be caused by criminal activity. to reorganize Department of Energy 9:30 a.m. to conduct a hearing on the ‘‘(II) INTERIM REPORT.—Not later than 270 days after the date of enactment of this sub- national security programs in response Report of the National Gambling Im- paragraph, the Comptroller General shall to espionage threats. pact Study Commission. The hearing submit to Congress an interim report that The PRESIDING OFFICER. Without will be held in room 485, Russell Senate includes, at a minimum— objection, it is so ordered. Building.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 13966 CONGRESSIONAL RECORD—SENATE June 23, 1999 The PRESIDING OFFICER. Without Payne Stewart for his recent victory at As the Stanley Cup Finals end, I ex- objection, it is so ordered. this year’s U.S. Open. Payne captured tend my deep appreciation to the Knox COMMITTEE ON THE JUDICIARY the championship with a dramatic 15- Family for bringing the Sabres to Buf- Mr. NICKLES. Mr. President, I ask foot putt on the 72nd hole, the final falo 29 years ago, John J. Rigas, owner unanimous consent that the Com- hole of the tournament. Originally and Chairman of the Board, Darcy mittee on the Judiciary be authorized from Springfield, Missouri, Payne has Regier, General Manager, Lindy Ruff, to meet for a hearing re Religious Lib- continually brought an air of class and Head Coach, and the entire Buffalo Sa- erty, during the session of the Senate dignity to the game of golf that is a bres team, their coaching staff, their on Wednesday, June 23, 1999, at 11 a.m., true inspiration to all Americans, my- families and their fans for their great in SD–226. self included. In fact, his recent per- efforts and support. I know next season The PRESIDING OFFICER. Without formance has inspired me to hit the will bring even more to celebrate. objection, it is so ordered. greens again. In this spirit, I ask that an article COMMITTEE ON VETERANS’ AFFAIRS For his triumph in the tournament, from The Buffalo News, be printed in Mr. NICKLES. Mr. President, the Stewart drew strength from the mem- the RECORD. Committee on Veterans’ Affairs would ory of his late father, William Stewart, [From the Buffalo News, June 23, 1999] a two-time Missouri State Amateur like to request unanimous consent to RALLY FOR SABRES PROVES BUFFALO HAS Champion. On June 20, the final day of hold a markup on pending legislation. SOMETHING SPECIAL The hearing will be held on Wednes- the U.S. Open and also Father’s Day, It was noon Tuesday and they streamed day, June 23, 1999, at 2 p.m., in room 418 NBC ran a special on the relationship into Niagara Square from all directions. of the Russell Senate Office Building. between Payne and William Stewart. White-haired men and middle-aged ladies The PRESIDING OFFICER. Without Taking the time to watch the special, and mothers pushing strollers made the pil- objection, it is so ordered. Payne was moved to tears. This time of grimage down Niagara Street, Franklin SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND reflection may have provided the inspi- Street, Delaware Avenue. DRINKING WATER ration needed to make the difference in They came, in all colors and sizes. Shirt- Mr. NICKLES. Mr. President, I ask the tournament. I, too, had a father and-tie businessmen, smooth-skinned teens unanimous consent that the Sub- who was a major influence on my life. wearing black-and-red jerseys with Hasek or committee on Fisheries, Wildlife, and I, too, find strength and guidance in Peca stitched across the back, little kids Drinking Water be granted permission holding their mother’s hand. They came in the moments I take to remember. cares, on bikes, on Rollerblades. They all to conduct a hearing on the recovery of Payne Stewart is a credit to the came downtown, washed in the summer sun, salmon Wednesday, June 23, 1:30 p.m., game of golf and an example for all because this is Buffalo and sometimes you hearing room (SD–406). Missourians of what dedication and win even when you lose. The PRESIDING OFFICER. Without perseverance bring forth. With his sec- They crowded in front of City Hall, more objection, it is so ordered. ond U.S. Open championship, he has than 20,000 of them. Men in business suits SUBCOMMITTEE ON FOREST AND PUBLIC LAND shown the entire world that with climbed atop the marble railings of the MANAGEMENT enough determination and faith—cou- McKinley Monument. Dozens stood on the Mr. NICKLES. Mr. President, I ask pled with a crucial putting tip from his roofs of the Federal Court Building and the Buffalo Athletic Center and the Turner unanimous consent that the Sub- wife—dreams really do come true. committee on Forests and Public Land Parking Ramp. Again, I offer an enthusiastic congratu- They do not have rallies for teams that Management of the Committee on en- lations.∑ lose in most cities. ergy and Natural Resources be granted f Most cities are not Buffalo. permission to meet during the session A lot of people around the country would of the Senate on Wednesday, June 23, CONGRATULATIONS TO THE BUF- read that and say ‘‘Thank God.’’ for purposes of conducting a Forests FALO SABRES, NATIONAL HOCK- I ran into one of them on a plane to Dallas and Public Land Management Sub- EY LEAGUE EASTERN CON- a couple of weeks ago. She said she was committee hearing which is scheduled FERENCE CHAMPS going home and asked where I was from. to begin at 2:15 p.m. The purpose of ∑ Mr. MOYNIHAN. Mr. President, I rise When I told her, she said, ‘‘Why would any- this hearing is to receive testimony on body want to live there?’’ today to add my voice to the growing Lady, this is why. S. 503, the Spanish Peaks Wilderness chorus of people congratulating the Yes, there are things wrong with this place Act of 1999; S. 953, the Terry Peaks Buffalo Sabres for their outstanding and I don’t just mean high taxes. A streak of Land Conveyance Act of 1999; S. 977, performance in the Stanley Cup Finals. negativity runs through some folks. Our so- the Miwaleta Park Expansion Act; S. Led by team captain Michael Peca, and called leaders habitually put self-interest 1088, the Arizona National Forest Im- their indefatigable goalie, Dominik ahead of our interest. We get told we’re the provement Act of 1999; and H.R. 15 and Hasek, the entire team accomplished pits so often we sometimes forget this is a S. 848, the Otay Mountain Wilderness what was thought by many to be the truly nice place to live. Act of 1999. But there’s a sense of community here, a impossible. Their heartfelt play shared bond, you don’t find in most other The PRESIDING OFFICER. Without brought a level of excitement to the objection, it is so ordered. places, at least not most other places I’ve Stanley Cup finals not seen in years. I been. It’s a hard thing to prove, but then a SUBCOMMITTEE ON NEAR EASTERN AND SOUTH am proud to stand with the City of Buf- day like Tuesday comes and there it is, 20,000 ASIAN AFFAIRS falo and Western New York to honor people for all the world to see. Mr. NICKLES. Mr. President, I ask our team. They didn’t come to this rally for a hockey unanimous consent that the Sub- Considered underdogs in all of their team that lost in the Stanley Cup finals be- committee on Near Eastern and South playoff series, the Sabres played with cause Buffalo loves a loser or likes to cry in Asian Affairs be authorized to meet pure heart and soul to sweep the Ot- its Genesee Cream Ale. They came because this team carried the during the session of the Senate on tawa Senators in the first round, de- Wednesday, June 23, 1999, at 11 a.m. to city’s name on its jerseys the way we want it feated the Boston Bruins and then the to be carried. hold a hearing. Toronto Maple Leafs to win the East- The PRESIDING OFFICER. Without They came not to lament what might have ern Conference and the Prince of Wales objection, it is so ordered. been, but to celebrate what was. Trophy for the first time in 24 years. The hockey team was a lot like the town, f The triple overtime loss in Game 6 of overlooked and underappreciated. Yet they ADDITIONAL STATEMENTS the Stanley Cup finals showed the left team after supposedly better team dazed hockey community what a team with and bleeding by the side of the road. They finally got beat—with the help of officials too determination and true grit is. The gutless to enforce the rules—by a tough, CONGRATULATIONS OFFERED TO controversial goal that ended the PAYNE STEWART character-laden Dallas team many expected dreams of the Sabres will not dampen would swat them aside like a bothersome fly. ∑ Mr. ASHCROFT. Mr. President, I wel- the spirits of the most devoted fans in Instead, the Sabres took them to their limit, come the opportunity to congratulate the world—Buffalo Sabres fans. made them sweat and ache and pay for every

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.001 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13967 pass and shot and goal they got—and even Rev. Cockerham, born in McComb, Bell, who has a background in musical the- one they didn’t. Mississippi, first came to Louisville in ater, wrote, directed and starred in the play, At the end, after absorbing a mind-bog- 1969, to preach at a foreign missions which is based on the Broadway musical gling 82 hits in the final game, the Dallas rally. At that time, he was the min- ‘‘Purlie Victorious.’’ trainer compare their locker room to a ‘‘I changed the title to ‘Hubert Victorious’ M.A.S.H. unit. Some Dallas players took in- ister at Calvary Baptist Church in Chi- because it is our pastor’s first name, and I travenous fluids between the overtime peri- cago, but after filling-in as speaker at rewrote this play to correlate with the pas- ods of the 51⁄2-hour game; a half-dozen ended Zion one Sunday, Zion began to pursue tor’s life,’’ Bell said. ‘‘This adaptation was a the series with torn ligaments or other dam- Cockerham as a candidate for pastor. combination of fiction and non-fiction.’’ age. Although he was serving another For a month, Bell and others worked to You lay a team out like that and end up church, he said he felt called to accept make the play a success. losing—losing on a tainted goal—and it the invitation to lead Zion’s congrega- ‘‘I contacted actors and actresses . . . and doesn’t mean you’re losers. It means time we went to the DAV to find clothes and wigs ran out, fate didn’t smile, the story is To Be tion. By all accounts, Zion flourished reminiscent of the 1960s,’’ Bell said. Continued next season. If these guys had any They performed the play Monday night at doubt about that, 20,000 people Tuesday told under Rev. Cockerham’s leadership. Derby Dinner Playhouse. them otherwise. During his 30 years as pastor, the Cockerham cried and then he laughed and They didn’t abandon a team that tried church building changed significantly, then he cried again, Bell said. mightily and never backed down and came with the construction of a new wing. ‘‘It was a hilarious play,’’ Cockerham said. up an illegally placed skate short. Just like Also, the addition of a new organ and ‘‘Although I had known about the play for you don’t stop loving your kid or your broth- piano have surely been a blessing to weeks, I did not know that it would be about er or best friend. That’s not the way it works me. I was surprised.’’ around here. the church choir when they perform their well-known presentation of the Sheivel Johnson, publicity and program di- Diana and Nicole Jarosz, 21 and 18, came rector for the church, said faith explains why down 90 minutes early so they could be close ‘‘Messiah’’ each Christmas. During Cockerham is still pastor after 30 years. to the stage. They have lived in Buffalo all Rev. Cockerham’s time as pastor, Zion Cockerham said the congregation’s love their lives and they could not imagine not has also significantly increased oppor- and compassion for the community makes coming to this. tunities for youth through additional his job more pleasurable. ‘‘We’re here to say we still love you and ministry programs. ‘‘A love affair between the people and my- we’re still proud of you,’’ said Diana. ‘‘As Rev. Cockerham was not only deeply self began, almost,’’ when he came to Zion, hard as (Saturday night) was for us, I can’t he said. imagine how hard it must have been sitting involved in his church, but was also an integral part of the community. Over The 68-year-old pastor, a native of on the (players’) bench.’’ McComb, Miss., was pastor of Calvary Bap- We don’t want to pick on Dallas, but it’s a the years, he has been involved in the tist Church in Chicago when he was asked to town of shameless front-runners. Some folks WHAS Crusade for Children, a project join Zion in 1969. were interviewed in downtown Dallas a cou- which raises funds to help with the ‘‘I came to Louisville to preach at a for- ple of weeks ago, before this series started. care and treatment of handicapped eign-mission rally. At the time, Zion did not One of them said, ‘‘If this team starts losing, children in Kentucky and southern In- have a pastor,’’ he said. ‘‘Their candidate people will drop them like a hot poker.’’ diana. Reverend Cockerham has won could not speak at their service because he Well, this Buffalo team lost early Sunday became ill. When the pulpit committee dis- morning, and most folks just held them clos- numerous awards and distinctions during the past 30 years, and was recog- covered that I was in town, they asked me to er. speak and I accepted.’’ The Stars won the Cup, and all of 150 peo- nized most recently by the Louisville Impressed by his sermon, the church body ple showed up to meet their plane at the air- YMCA as a 1999 Adult Black Achiever. asked him to become their pastor, but he de- port. Buffalo lost it, and 20,000 came out to I am certain that the legacy of com- clined initially. say, ‘‘Thanks for the ride.’’ mitment to faith that Rev. Cockerham ‘‘I did not want to change churches be- The players seemed genuinely touched by has left will continue on, and will en- cause I was their (Calvary’s) first full-time it all, at times nudging each other and grin- pastor. I had dedicated myself to building ning when the crowd went nuts, or waving to courage and inspire those who follow. that congregation.’’ the kids in Sabres jerseys sitting on their Reverend, best wishes for many more But shortly afterward, Cockerham changed dads’ shoulders. years of service, and know that your his mind, believing that coming to Zion was ‘‘We really didn’t expect that kind of ex- efforts to better Zion Missionary Bap- his fate. ‘‘It occurred to me that Zion did not citement,’’ said team captain Michael Peca tist Church and the Louisville commu- have to ask me to be their pastor simply be- afterwards. ‘‘This is not a city that forgets nity will be felt for years to come. On cause they needed one. I believed that the (about) you, absolutely not.’’ behalf of myself and my colleagues in Lord was moving me in a different direc- Dallas has a pewter Cup. We have some- the United States Senate, thank you tion.’’ thing they’ll never have. Something not In 1969, Cockerham received a unanimous about towering glass skyscrapers and money for giving so much of yourself for so vote by Zion’s governing body. and jobs. It’s a spirit, a feeling, a connection many others. Under Cockerham’s leadership, the church you don’t get in big cities. Mr. President, I also ask that an arti- It’s something so many of those who move cle which ran in Louisville’s Courier- has greatly expanded youth activities and away from here, usually in search of greener Journal on June 12, 1999, be printed in made improvements to the building includ- job pastures, never find again. They go some- ing a new annex and a new organ and piano. the RECORD following my remarks. Over the years, he has received many where else, start a new life, but a piece of The article follows: them stays. awards, including being named an Adult [From The Courier-Journal, June 12, 1999] You can leave Buffalo, but you can never Black Achiever this year by the YMCA. leave it behind. FAITH IN ACTION—CHURCH HONORS PASTOR’S For Bell, Cockerham’s many accomplish- Tuesday, we showed the world why.∑ 30 YEARS WITH PLAY ments and recognition come as no surprise. At Zion Missionary Baptist Church, mem- ‘‘If there was ever a pastor that was loved f bers are busy showing their pastor how much unconditionally by his church family, it is TRIBUTE TO REVEREND HUBERT they appreciate his hard work and dedica- him,’’ he said. ‘‘He is the father to the fa- DONALD COCKERHAM tion. therless.’’ Zion Missionary Baptist has been cele- ∑ The Rev. H. Donald Cockerham will cele- Mr. MCCONNELL. Mr. President, I brate 30 years as pastor of the church tomor- brating Cockerham’s anniversary with serv- rise today to pay tribute to the Rev. H. row, and the congregation wants this to be a ices all week. The grand finale will begin at Donald Cockerham for 30 years of dedi- celebration Cockerham will never forget. 11 a.m. tomorrow, with dinner served after cated service to the members of Zion ‘‘It is rare for a pastor to have remained at morning worship.∑ Missionary Baptist Church in Louis- a church for 30 years, so I wanted to know f ville. His devoted congregation re- how I could make this anniversary more spe- cently honored him by writing and per- cial,’’ said Beverly Jones, anniversary chair- SANTA CLARA COUNTY HOUSING woman. TRUST FUND forming a play about his life, and I am When Troy Bell, co-chairman of the anni- proud to join in their celebration of versary committee, suggested that they ∑ Mrs. BOXER. Mr. President, I rise this milestone anniversary for both write a play as a tribute to Cockerham, she today to recognize the accomplish- Rev. Cockerham and the church body. couldn’t resist. ments of a remarkable public/private

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 13968 CONGRESSIONAL RECORD—SENATE June 23, 1999 partnership in California’s Silicon Val- State for their hard work in planning, County Treasurer for 28 years and ley that is moving aggressively to ad- organizing, and demonstrating our New Rockford Township Trustee for 2 years. dress a problem which plagues many Hampshire culture through the exhib- He retired earlier this month as treas- communities: the shortage of available its for this year’s Smithsonian Folklife urer. and affordable housing. Festival. Doug has been an Illinois resident his In Silicon Valley, the fast-growing Since being elected to Congress 15 entire life, born in Dixon and raised in home to some of the Nation’s most dy- years ago, I have had the pleasure of Pecatonica. He married the former namic and innovative high technology sharing with my fellow Members of Julie Moore and they have two chil- firms, housing costs have risen as dra- Congress why I believe New Hampshire dren, David and Christine. Retirement matically as the supply of available is such a special place in which to live. will give Doug more time to spend with housing has diminished. Since 1992, I am extremely proud that they, and his grandchildren, Billy and Tommy Santa Clara County has created some countless others, will now have the op- Schwengels. 250,000 new jobs; however, only 50,000 portunity to experience firsthand all After graduating from Pecatonica new homes and apartments have been the wonderful things New Hampshire High School, Doug served in the U.S. constructed. This combination of rapid has to offer. Air Force for four years. He was first growth and scarce housing has created In 1994, Mervin Stevens of Walpole elected to public office as Winnebago a volatile situation in which renters began working towards New Hamp- County Treasurer in 1970, at the age of and potential home buyers alike must shire’s participation after attending 29. He held his office for six consecutive compete mercilessly for the few units the festival over the years. Curators terms, becoming the longest serving that are to be found. To address this Lynn Martin and Betty Beland have elected official in the same office in challenge, a coalition of concerned made Mervin’s dream a reality. These northern Illinois. businesses, nonprofit groups and local two women, along with many volun- Doug has worked tirelessly for more governments formed the Santa Clara teers, have worked tirelessly for than 28 years as a public servant and County Housing Trust Fund. months to make sure that the more for the taxpayers of Winnebago Coun- The Santa Clara County Housing than 1 million visitors to the Folklife ty. During this time, he has reduced his staff by 60 percent. Trust Fund is a broad-based working Festival on the Mall this week will Responsible for funds exceeding $387 group consisting of the Community have a meaningful and memorable ex- Foundation of Silicon Valley, the Sil- million year, he has earned over $44 perience. million in interest for taxpayers in icon Valley Manufacturing Group, the New Hampshire’s diversity, vibrancy, Winnebago County through his wise in- Santa Clara County Collaborative on and entrepreneurship will be portrayed vestments. He is responsible for the ad- Housing and Homelessness, the Santa through several themes: Music of New Clara County Board of Supervisors, the ministration and collection of 110,000 Hampshire; Town and Community; In- tax bills which bring in approximately Housing Action Coalition and the genuity and Enterprise; Seasons of Housing Leadership Council. Through $285 million for the 72 taxing districts Work and Recreation; and Farm, For- donations from nonprofit organiza- in his county. ests, Mountains, and Sea. The themes tions, commitments from local govern- In short, Doug Aurand has given re- and displays will be enhanced through ments and financial backing from the markable service as Winnebago County several hands-on examples of living business community, the trust fund Treasurer, and I commend him for his traditions. These exhibits include a 35- hopes to raise $20 million. With this achievements. His leadership and fiscal foot-long by 15-foot-high covered money, the trust fund plans to house management skills have made a dif- bridge, a timber-framed barn, a more than 1,000 homeless individuals ference in Winnebago County and he wrought-iron archway, and granite and families, assist in building up to will most certainly be missed. walls. 3,000 new apartments and help nearly I congratulate Doug Aurand and, There will also be two music stages 800 first-time home buyers. once again, commend him for the last I pay special tribute to five compa- set up. One will be a replica of a town impact he will leave on Rockford, Win- nies that recently pledged a remark- hall and the other of a New England nebago County, and the State of Illi- able $1 million to the trust fund, hope- front porch with rocking chairs and nois. My best wishes to Doug and Julie fully paving the way for other Silicon benches. These fascinating displays of Aurand as Doug begins his well de- Valley businesses to follow suit. On New Hampshire culture will be cele- served retirement.∑ June 10, Adobe Systems, Applied Mate- brated in three ways: First, at this f summer’s Smithsonian festival. Next, a rials, Cisco Systems, Kaufman & EXPRESSION OF SYMPATHY FOR Broad, and the Solectron Corporation reenactment will take place next summer during Festival New Hampshire at RON SANTO FOLLOWING A each stepped up to the plate with con- HEART ATTACK tributions sure to improve the quality the Hopkinton State Fairgrounds in ∑ of life in their communities. This is re- Contoocook. Finally, an educational Mr. FITZGERALD. Mr. President, I sponsible corporate citizenship at its program for schools and communities rise today to express my hope for the best. I hope that these five companies will be based on the extensive research speedy recovery of someone who gave represent only the first wave of firms of culture needed to launch the fes- so many Illinoisans, including me, joy that will rise to the challenge of tack- tival. throughout his great career. Ron ling the housing problems in Silicon Mr. President, I wish to offer my Santo, former third baseman for the Valley.∑ most sincere congratulations to Cele- Chicago Cubs and the Chicago White brate New Hampshire Culture and the Sox, suffered a heart attack Monday in f countless volunteers. Their hard work Denver, and I wanted to take a mo- TRIBUTE TO CELEBRATE NEW and dedication will now help show the ment to recognize him and express my HAMPSHIRE CULTURE world what makes New Hampshire the hopes for a speedy recovery. ∑ Mr. SMITH of New Hampshire. Mr. greatest State in America. It is an Ron Santo played fourteen seasons President, I rise today to honor Cele- honor to represent Celebrate New for the Chicago Cubs from 1960 to 1973 brate New Hampshire Culture, a non- Hampshire Culture and all the people and one for the Chicago White Sox in profit organization formed by the New of New Hampshire in the Senate.∑ 1974, during which time he appeared in Hampshire Commission on the Smith- f nine All-Star Games and won five Gold sonian Folklife Festival that works in Glove Awards at the ‘‘hot corner.’’ He partnership with the New Hampshire HONORING DOUG AURAND was also a member of the 1969 Chicago State Council on the Arts and the De- ∑ Mr. DURBIN. Mr. President, I rise Cubs team which lost its chance at the partment of Cultural Resources. today to pay tribute to my longtime playoffs because of the famous, or to Il- I commend the many dedicated vol- friend, Douglas R. Aurand of Rockford, linoisans, infamous, run of the ‘‘Mir- unteers and participants from my IL. Doug has served as Winnebago acle’’ Mets. When I was a boy, I was

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13969 lucky enough to have Santo autograph is Dorcas Place, which she helped found A resolution (S. Res. 113) to amend the a Cubs’ game program for me, which I nearly 20 years ago with her colleague Standing Rules of the Senate to require that still have. Deborah Thompson. Dorcas Place the Pledge of Allegiance to the Flag of the His career statistics measure up well began as a literacy center for low-in- United States be recited at the commence- ment of the daily session of the Senate. against those of anyone to ever play come young women. As Sister Mary the game. He finished his illustrious Reilly and other leaders at Dorcas There being no objection, the Senate career with 2254 hits, 342 of which were Place saw the need to address a greater proceeded to consider the resolution. home runs, 1331 Runs Batted In, and a array of issues in the community, the AMENDMENT NO. 733 .277 career batting average. In 1964, center grew to include women and men Mr. SMITH of New Hampshire. Mr. Santo even led the league in triples and took on a host of issues including President, there is an amendment at with 13. He ranks in the top 10 among literacy, employment and training, the desk. I ask for its consideration. players for the Chicago Cubs in games parenting, and advocacy. It has The PRESIDING OFFICER. The played, at bats, runs scored, hits, dou- reached out to other organizations clerk will report. bles, runs batted in, and extra-base from Salve Regina University, with The legislative clerk read as follows: hits. which Dorcas recently joined to create The Senator from New Hampshire [Mr. Now that his playing days are over, a certificate program for low-income SMITH], for himself and Mr. MCCONNELL, proposes an amendment numbered 733. Santo continues to make a contribu- and welfare dependent individuals, to tion to the Cubs and to Chicago as a Fleet Bank, to Rhode Island Legal Mr. SMITH of New Hampshire. Mr. broadcaster, and one of the best and Services, to the Rhode Island Depart- President, I ask unanimous consent most energetic in the game at that. ment of Health, and many others. that reading of the amendment be dis- Mr. President, I would like to call on From a small corps of volunteers at pensed with. the Senate to join me in wishing Mr. first, Dorcas Place has grown to in- The PRESIDING OFFICER. Without Santo, his wife Vicki, and his four chil- clude 65 volunteer tutors and nearly 50 objection, it is so ordered. dren the very best and expressing the The amendment is as follows: ∑ mentors. While all of this is the result sincere hope that he gets well soon. of a team effort, Sister Mary Reilly On page 2, line 4, strike all after ‘‘Pre- f certainly deserves the lion’s share of siding Officer’’ and insert ‘‘, or a Senator designated by the Presiding Officer, leads TRIBUTE TO SISTER MARY the credit. She has indeed been the in- the Senate from the dais in reciting the REILLY spiration behind this wonderful organi- Pledge of Allegiance to the Flag of the ∑ Mr. REED. Mr. President, I rise zation. United States’’. today to honor Sister Mary Reilly, an Given Sister Mary Reilly’s role in in- Mr. SMITH of New Hampshire. Mr. important figure in social progress and fluencing the climate of social progress President, I ask unanimous consent education in Rhode Island for the past in Rhode Island, it was with great sad- that the amendment be agreed to. fifty years. ness that many Rhode Islanders The PRESIDING OFFICER. The Since joining the Sisters of Mercy in learned of her decision to resign her question is on agreeing to the amend- 1948, Sister Mary Reilly’s mission has post as Executive Director of Dorcas ment. always focused on helping individuals Place. She leaves to embark on a year’s The amendment (No. 733) was agreed of modest means meet their basic sabbatical in New York to work with to. needs and improve themselves through other Sisters of Mercy who are fol- Mr. SMITH of New Hampshire. Mr. education. Whether in the heart of lowing-up on the historic 1995 United President, I ask unanimous consent the Providence, or in the classrooms of Nations’ Beijing Women’s Conference. resolution, as amended, be agreed to, Honduras and Belize, or in her forth- For Sister Mary Reilly, it is another the preamble be agreed to, the motion coming work in New York City, these beginning, and we know that she will to reconsider be laid upon the table, are the constants of Sister Mary not be far from Rhode Island or from and any statements relating to S. Res. Reilly’s career ministry. Dorcas Place. Her legacy of good will 113 be printed in the RECORD. To be sure there have been many and service to others will foster the The PRESIDING OFFICER. Without changes for Sister Mary Reilly. Indeed, continuation the work important work objection, it is so ordered. she recently told the Providence Jour- at Dorcas Place, and I join all of her The resolution (S. Res. 113), as nal that her life has been filled with be- colleagues in wishing her well in her amended, was agreed to. ginnings. newest adventure. We all hope to see The preamble was agreed to. Born in Providence, she began her ca- her in Rhode Island again before long.∑ [The resolution was not available for reer with the Sisters of Mercy as a f printing. It will appear in a future teacher there, first at St. Mary School issue of the RECORD.] PLEDGE OF ALLEGIANCE and then at St. Mary Academy at Bay Mr. SMITH of New Hampshire. Mr. View. Later, she was able to fulfill one Mr. SMITH of New Hampshire. Mr. President, I suggest the absence of a of her goals by becoming a missionary President, several weeks ago a young quorum. and teaching in Central America. woman named Rebecca Stewart of En- The PRESIDING OFFICER. The Returning to Rhode Island in 1970, field, NH, notified me by telephone clerk will call the roll. Sister Mary Reilly began establishing there was no flag salute before the The legislative clerk proceeded to the groundwork for institutions that opening ceremonies when we opened call the roll. have become a significant part of the Senate in the morning. Due to the Mr. SCHUMER. Mr. President, I ask Rhode Island’s landscape for social im- cooperation of both the minority and unanimous consent that the order for provement. She was among the found- the majority side, I think we have a the quorum call be rescinded. ers of McAuley House, a soup kitchen 100-to-0 agreement that we do that. The PRESIDING OFFICER. Without serving the homeless in Providence; So at this point, I ask unanimous objection, it is so ordered. the Good Friday Walk for Hunger and consent that S. Res. 113, which is the f Homelessness; the COZ (Child Oppor- resolution to salute the flag at the be- tunity Zone), an innovative commu- ginning of the opening of the Senate TREATMENT OF RELIGIOUS MI- nity effort to link schools with critical each morning, be discharged from the NORITIES IN THE ISLAMIC RE- social service agencies and non-profit Rules Committee, and further, the Sen- PUBLIC OF IRAN organizations; and the Annual Walk for ate now proceed to its immediate con- Mr. SCHUMER. Mr. President, I ask Literacy. Sister Mary Reilly was also sideration. unanimous consent that the Foreign among those who began the Wash- The PRESIDING OFFICER. Without Relations Committee be discharged ington lobby, NETWORK. objection, it is so ordered. The clerk from further consideration of S. Con. However, the endeavor to which Sis- will report. Res. 39, and that the Senate then pro- ter Mary Reilly is most closely linked The legislative clerk read as follows: ceed to its consideration.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 13970 CONGRESSIONAL RECORD—SENATE June 23, 1999 The PRESIDING OFFICER. Without ayatollahs and set back Khatami’s re- to, the preamble be agreed to, and the objection, it is so ordered. The clerk form movement. I say that is out of the motion to reconsider be laid upon the will report. question. We are not going to sacrifice table, without intervening action. The legislative clerk read as follows: innocent lives to help one side in a po- The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 39) litical battle of wills. objection, it is so ordered. expressing the sense of the Congress regard- Khatami has the power to stand up to The resolution (S. Con. Res. 39), as ing the treatment of religious minorities in the hardliners on behalf of these 13 amended, was agreed to. the Islamic Republic of Iran, and particu- pawns and for all of Iran’s 30,000-mem- The preamble was agreed to. larly the recent arrests of members of that ber Jewish community, as well as other [The resolution (S. Con. Res. 39) will country’s Jewish community. religious minorities. He won the Presi- be printed in a future edition of the There being no objection, the Senate dency with a 70-percent landslide vote, RECORD.] proceeded to consider the concurrent and moderate candidates continue to Mr. SCHUMER. I thank the Chair. resolution. score big victories in local elections. I suggest the absence of a quorum. Mr. SCHUMER. Mr. President, I offer He can choose the political battles he The PRESIDING OFFICER. The this resolution on behalf of Mr. wishes to fight, and this resolution be- clerk will call the roll. BROWNBACK of Kansas, Mr. LIEBERMAN fore us today makes it perfectly clear The legislative assistant proceeded of Connecticut, and many other co- that this needs to be one of those bat- to call the roll. sponsors. tles. Mr. GRASSLEY. Mr. President, I ask Last March, 13 Iranian Jews from the In fact, any talk of a kinder, gentler unanimous consent that the order for southern cities of Shiraz and Esfahan Iran under the supposedly moderate the quorum call be rescinded. were arrested on preposterous charges President Khatami is simply empty The PRESIDING OFFICER. Without of spying for Israel and the United rhetoric as long as Jews and other reli- objection, it is so ordered. States. These men have not been al- gious minorities are victims of the f lowed visits by family or legal counsel, most vicious forms of religious intoler- EXPRESSING APPRECIATION FOR nor has any evidence been produced to ance. THE WORK OF MILDRED WINTER warrant their arrest and imprison- The Koran in Islam treats justice ment. For more than 2 months, leaders like all the great religions, as some- Mr. GRASSLEY. Mr. President, I ask of the American Jewish community thing at the highest pinnacle of human unanimous consent that the Senate and the U.S. Government officials have values. If Khatami cannot deliver on proceed to the immediate consider- worked behind the scenes for the re- this issue, then what is his reform ation of S. Res. 126, submitted earlier lease of these men. movement about in the first place? And today by Senator BOND. Iran has done this sort of thing many if Iran seeks to do this in the name of The PRESIDING OFFICER. The times before, and they are usually just Islamic fundamentalism, what about clerk will report. seeking some ransom money. Unfortu- the teachings of the Koran in terms of The legislative clerk read as follows: nately, this situation is different. Iran justice and fairness? A resolution (S. Res. 126) expressing the went public with this issue first, mean- The administration has spoken out sense of the Senate that appreciation be ing something far more nefarious is at strongly on this issue, but they have to shown for the extraordinary work of Mildred work. make this a top priority. President Winter as a Missouri teacher and leader in creating the Parents as Teachers program on It is clear that these 13 people are Clinton and Secretary of State being used as unfortunate pawns be- the occasion that Mildred Winter steps down Albright should immediately press in- as Executive Director of such program. tween two warring political factions in fluential regional states—Syria, Saudi Iran: moderate followers of President There being no objection, the Senate Arabia, Russia—to help secure the re- proceeded to consider the resolution. Mohammad Khatami and hardline aya- lease of the 13. tollahs who remain entrenched in high Mr. GRASSLEY. Mr. President, I ask Iran must know from the United unanimous consent that the resolution positions of power and seek to under- States, and the world, that should mine Khatami’s domestic reforms and be agreed to, the preamble be agreed these men be executed, as 17 other to, the motion to reconsider be laid overtures to the West. These men may Jews have been since 1979, Iran will slip very well be hanged without a trial upon the table, and any statements re- back into pariah status for decades. lating to the resolution be printed in under preposterous and trumped-up That means no loans, no trade, no charges. We must not let that happen. the RECORD. international respect. The PRESIDING OFFICER. Without Indeed, we must do all we can to secure With this resolution, the Congress, their release. objection, it is so ordered. the Senate, has spoken today, and the The resolution (S. Res. 126) was We have a resolution before the Sen- world is watching. ate condemning in the strongest pos- agreed to. AMENDMENT NO. 734 sible terms the arrest of these men and The preamble was agreed to. Mr. SCHUMER. Mr. President, I ask calling for their immediate release. I The resolution, with its preamble, unanimous consent that my amend- thank all my colleagues for supporting reads as follows: ment, which is at the desk, be consid- this resolution which denounces the S. RES. 126 ered and agreed to. worst form of religious intolerance. Whereas Mildred Winter has, with deter- The PRESIDING OFFICER (Mr. The notion that Iranian Jews, par- mination, expertise, and unflagging energy, CRAPO). Without objection, it is so or- ticularly those living hundreds of miles dedicated her professional life to early child- dered. from Teheran, even have the capacity hood and parent education; The amendment (No. 734) was agreed Whereas Mildred Winter began her remark- to spy for Israel or the United States is to, as follows: able career as an educator and leader as a laughable. What access would these in- On page 3, line 3, strike ‘‘Clinton adminis- teacher in the Berkeley and Ferguson- dividuals have to any valuable infor- Florissant School Districts in Missouri; mation whatsoever? tration’’ and insert ‘‘United States’’. On page 3, Strike line 4 to line 5 before Whereas Mildred Winter served as Mis- The truth is that since 1979, Iran has ‘‘continue’’. souri’s first Early Childhood Education Di- habitually utilized the term ‘‘spy’’ for On page 3, begin with line 7, strike the rector from 1972 until 1984, during which anyone it arrests for political reason. word ‘‘recommendation’’ and insert ‘‘the rec- time the early childhood education services Schoolgirls and blind old men have ommendation of resolution 1999/13’’. to Missouri families and children improved been hanged as ‘‘spies’’ simply because On page 3, line 9, insert after ‘‘(2)’’ ‘‘con- and increased dramatically; tinue to’’. Whereas Mildred Winter was a leader in they were religious minorities. initiating the Parents as Teachers program Some say we should not come down Mr. SCHUMER. Mr. President, I ask in Missouri in 1981 to address the critical too hard on Iran on this issue, lest we unanimous consent that the concur- problem of children entering school in need play into the hands of the hardline rent resolution, as amended, be agreed of special help;

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13971 Whereas the Parents as Teachers program The legislative clerk read as follows: (5) STATE.—The term ‘‘State’’ means any of gives all parents, regardless of social or eco- A bill (S. 880) to amend the Clean Air Act the 50 States, the District of Columbia, the Com- nomic circumstances, the support and guid- to remove flammable fuels from the list of monwealth of Puerto Rico, the Virgin Islands, ance necessary to be their children’s best substances with respect to which reporting Guam, American Samoa, the Commonwealth of teachers in the critical early years; and other activities are required under the the Northern Mariana Islands, and Indian Whereas Mildred Winter worked to secure risk management plan program. tribes (as defined in section 102 of the Federally passage in the Missouri General Assembly of There being no objection, the Senate Recognized Indian Tribe List Act of 1994 (25 the Early Childhood Education Act of 1984, U.S.C. 479a)). landmark legislation which led to the cre- proceeded to consider the bill, which (6) STATIONARY SOURCE.—The term ‘‘sta- ation of Parents as Teachers programs in had been reported from the Committee tionary source’’ has the meaning given the term Missouri; on Environment and Public Works, in section 112(r)(2) of the Clean Air Act (42 Whereas Mildred Winter is recognized as a with an amendment, as follows: U.S.C. 7412(r)(2)). visionary leader by her peers throughout the (The parts of the bill intended to be (b) EXEMPTION FROM AVAILABILITY UNDER country for her unwavering commitment to stricken are shown in boldface brack- FREEDOM OF INFORMATION ACT.— early childhood education; ets, and the parts of the bill intended (1) IN GENERAL.—Off-site consequence anal- Whereas Mildred Winter and the Parents as to be inserted are shown in italic.) ysis information, or information derived from Teachers program have received numerous off-site consequence analysis information, shall S. 880 prestigious awards at the State and national not be made available under section 552 of title level; Be it enacted by the Senate and House of 5, United States Code. Whereas today there are over 2,200 Parents Representatives of the United States of America (2) EFFECT ON CERTAIN AVAILABILITY.—Except as Teachers programs in 49 States, the Dis- in Congress assembled, as provided in subsection (c), nothing in this trict of Columbia, and 6 other countries; SECTION 1. SHORT TITLE. section affects the obligation of the Adminis- Whereas while continually striving to This Act may be cited as the ‘‘Fuels Regu- trator under section 112(r)(7)(B)(iii) of the Clean move the Parents as Teachers program for- latory Relief Act’’. Air Act (42 U.S.C. 7412(r)(7)(B)(iii)) to make ward, in 1995 Mildred Winter recognized the SEC. 2. FINDINGS. available off-site consequence analysis informa- importance of sharing with parents what is Congress finds that, because of their low tion or information derived from that informa- known about early brain development and toxicity and because they are regulated suf- tion. the role parents play in promoting that de- ficiently under other programs, flammable (c) AVAILABILITY OF OFF-SITE CONSEQUENCE velopment in their children, and used this fuels, such as propane, should not be in- ANALYSIS INFORMATION.— foresight to develop the vanguard Born to cluded on the list of substances subject to (1) GENERAL AVAILABILITY.— Learn Curriculum; and the risk management plan program under (A) ELECTRONIC FORM.—An officer or em- Whereas after nearly 2 decades of leader- section 112(r) of the Clean Air Act (42 U.S.C. ployee of the United States may make available ship of the Parents as Teachers program, 7412(r)). in electronic form off-site consequence analysis Mildred Winter has chosen to step down as SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM information only in the manner provided in Executive Director of the organization: Now, RISK MANAGEMENT LIST. paragraphs (2), (5), and (6) and subsection (d). therefore, be it Section 112(r)(4) of the Clean Air Act (42 (B) PAPER FORM.—An officer or employee of Resolved, U.S.C. 7412(r)(4)) is amended— the United States may make available in paper (1) by redesignating subparagraphs (A) SECTION 1. RECOGNITION OF MILDRED WINTER. form off-site consequence analysis information through (C) as clauses (i) through (iii), re- That it is the sense of the Senate that— only in the manner provided in paragraphs (3), spectively, and indenting appropriately; (1) admiration and respect be shown for the (4), and (5), and subsection (d). (2) by striking ‘‘Administrator shall con- visionary and innovative work of Mildred (2) AVAILABILITY IN ELECTRONIC FORM FOR OF- sider each of the following criteria—’’ and in- Winter in the field of childhood education; FICIAL USE BY STATE OR LOCAL GOVERNMENTS.— serting the following: ‘‘Administrator— and The Administrator may make available in elec- ‘‘(A) shall consider—’’; (2) appreciation be shown for the work that tronic form off-site consequence analysis infor- (3) in subparagraph (A)(iii) (as designated Mildred Winter has done through the Par- mation to a State or local government officer or by paragraphs (1) and (2)), by striking the pe- ents as Teachers program which has enriched employee for official use. riod at the end and inserting ‘‘; and’’; and the lives of hundreds of thousands of chil- (3) AVAILABILITY TO PUBLIC IN PAPER FORM.— (4) by adding at the end the following: dren and provided such children with a far (A) IN GENERAL.—In response to a request for ø‘‘(B) shall not regulate non-acute toxic better chance of success and happiness in off-site consequence analysis information or for flammable fuels when used or stored for fuel school and in life. a risk management plan, the Administrator purposes or retail sale unless the fuels are shall make available a copy of off-site con- f hazardous waste.’’.¿ sequence analysis information, but only in ‘‘(B) shall not list a flammable substance paper form. RETURN OF OFFICIAL PAPERS—S. when used as a fuel or held for sale as a fuel 331 (B) CONDITIONS.—The conditions under which under this subsection solely because of the ex- off-site consequence analysis information shall Mr. GRASSLEY. Mr. President, I ask plosive or flammable properties of the substance, be made available, including the maximum num- unanimous consent that the Senate unless a fire or explosion caused by the sub- ber of requests that any single requester may stance will result in acute adverse heath effects make, and the maximum number of stationary proceed to the immediate consider- from human exposure to the substance, includ- ation of S. Res. 127, submitted earlier sources for which off-site consequence analysis ing the unburned fuel or its combustion byprod- information may be made available in response by Senator LOTT, and I further ask ucts, other than those caused by the heat of the to any single request, shall be determined by the unanimous consent that the resolution fire or impact of the explosion.’’. Administrator in guidance issued under sub- be agreed to and the motion to recon- SEC. 4. PUBLIC AVAILABILITY OF OFF-SITE CON- section (e)(1). SEQUENCE ANALYSIS INFORMATION sider be laid upon the table. (C) PROMPT RESPONSE.—Consistent with this IN RISK MANAGEMENT PLANS. The PRESIDING OFFICER. Without paragraph, the Administrator shall promptly re- (a) DEFINITIONS.—In this section: objection, it is so ordered. (1) ACCIDENTAL RELEASE.—The term ‘‘acci- spond to off-site consequence analysis informa- The resolution (S. Res. 127) was dental release’’ has the meaning given the term tion requests. agreed to, as follows: in section 112(r)(2) of the Clean Air Act (42 (D) FEE.—The Administrator may levy a fee applicable to the processing of off-site con- S. RES. 127 U.S.C. 7412(r)(2)). (2) ADMINISTRATOR.—The term ‘‘Adminis- sequence analysis information requests that cov- Resolved, That the Secretary of the Senate trator’’ means the Administrator of the Environ- ers the cost to the Administrator of processing is directed to request the House of Rep- mental Protection Agency. the requests and reproducing the information in resentatives to return the official papers on (3) OFF-SITE CONSEQUENCE ANALYSIS INFORMA- paper form. S. 331. TION.—The term ‘‘off-site consequence analysis (4) AVAILABILITY TO STATES AND LOCAL GOV- f information’’ means those portions of a risk ERNMENTS IN PAPER FORM.—At the request of a management plan, excluding the executive sum- State or local government officer acting in the FUELS REGULATORY RELIEF ACT mary of the plan, consisting of an evaluation of officer’s official capacity, the Administrator Mr. GRASSLEY. Mr. President, I ask 1 or more worst-case scenario or alternative sce- may provide to the officer in paper form, for of- unanimous consent that the Senate nario accidental releases. ficial use only, the off-site consequence analysis (4) RISK MANAGEMENT PLAN.—The term ‘‘risk information submitted for the stationary sources proceed to the immediate consider- management plan’’ means a risk management located in the State in which the State or local ation of Calendar No. 141, S. 880. plan submitted by an owner or operator of a sta- government officer serves. The PRESIDING OFFICER. The tionary source under section 112(r)(7)(B) of the (5) AVAILABILITY FOR LIMITED PUBLIC INSPEC- clerk will report. Clean Air Act (42 U.S.C. 7412(r)(7)(B)). TION.—

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 6333 E:\BR99\S23JN9.002 S23JN9 13972 CONGRESSIONAL RECORD—SENATE June 23, 1999

(A) IN GENERAL.—The Administrator shall en- to, and necessary to accomplish, a purpose of of the information may present an imminent and sure that every risk management plan submitted the employing agency that is required to be ac- substantial endangerment to human health or to the Environmental Protection Agency is complished by State statute. welfare or the environment. available in paper or electronic form for public (9) CRIMINAL PENALTIES.—An officer or em- (g) DELEGATION.—To the extent that the Ad- inspection, but not copying, during normal busi- ployee of the United States, or an officer or em- ministrator determines to be appropriate, the ness hours, including in depository libraries des- ployee of a State or local government, who Administrator may delegate the powers or duties ignated under chapter 19 of title 44, United knowingly violates a restriction or prohibition of the Administrator under this section to any States Code. established by this subsection shall be fined officer or employee of the Environmental Protec- (B) LIMITATION ON AVAILABILITY OF RISK MAN- under section 3571 of title 18, United States tion Agency. AGEMENT PLANS IN ELECTRONIC FORM.—For the Code, imprisoned not more than 1 year, or both. (h) SITE SECURITY REVIEW AND PERIODIC REC- purposes of this paragraph, the Administrator (d) AVAILABILITY OF INFORMATION TO AND OMMENDATIONS.— may make risk management plans available in FROM AGENTS AND CONTRACTORS.— (1) IN GENERAL.—Subject to the availability of electronic form only if the electronic form does (1) AVAILABILITY FROM UNITED STATES.— appropriations, the Attorney General may re- not provide an electronic means of ranking sta- (A) IN GENERAL.—An officer or employee of view industry practices regarding site security tionary sources based on off-site consequence the United States may make off-site consequence and the effectiveness of this section. analysis information. analysis information available in any form to (2) CONDITIONS OF REVIEW.—A review under (C) FEDERAL ASSISTANCE.—The Public Printer officers and employees of agents and contractors paragraph (1)— and the Attorney General shall assist the Ad- of the Federal Government for official use only. (A) shall use, to the maximum extent prac- ministrator in carrying out this paragraph in (B) RESTRICTIONS AND PENALTIES.—For the ticable, data available as of the date of the re- order to ensure that the information provided to purposes of this section, with respect to informa- view; and the depository libraries is adequately protected. tion made available under subparagraph (A), of- (B) shall be conducted in consultation with (D) AUTHORIZATION OF APPROPRIATIONS.— ficers and employees of agents and contractors appropriate governmental agencies, affected in- There are authorized to be appropriated to the shall be considered to be officers and employees dustries, and the public. Administrator and to the Public Printer such of the United States and shall be subject to the (3) RECOMMENDATIONS.—The Attorney Gen- sums as are necessary to carry out this para- same restrictions and penalties as apply to offi- eral may periodically submit to Congress rec- graph, to remain available until expended. cers and employees of the United States under ommendations relating to the enhancement of (6) AVAILABILITY TO PUBLIC OF GENERAL IN- this section. site security practices and the need for contin- FORMATION IN ELECTRONIC FORM.— (2) AVAILABILITY FROM STATE AND LOCAL GOV- ued implementation or modification of this sec- (A) FROM THE ADMINISTRATOR.—After con- ERNMENTS.— tion. sultation with the Attorney General and the (A) IN GENERAL.—An officer or employee of a AMENDMENT NO. 735 heads of other appropriate Federal agencies, the State or local government may make off-site (Purpose: To provide for controlled public Administrator may make off-site consequence consequence analysis information available in access to off-site consequence analysis in- analysis information available to the public in any form to officers and employees of agents formation) an electronic form that does not include infor- and contractors of the State or local government mation concerning the identity or the location for official use only. Mr. GRASSLEY. Mr. President, I un- of the stationary sources for which the informa- (B) RESTRICTIONS AND PENALTIES.—For the derstand that Senator CHAFEE has an tion was submitted. purposes of this section, with respect to informa- amendment at the desk, and I ask for (B) FROM OTHER GOVERNMENT OFFICERS AND tion made available under subparagraph (A), of- the consideration of that amendment. EMPLOYEES.—Except as provided in subpara- ficers and employees of agents and contractors The PRESIDING OFFICER. The graph (A), an officer or employee of the United shall be considered to be officers and employees clerk will report. States, or an officer or employee of a State or of the State or local government and shall be The legislative clerk read as follows: local government, shall not make off-site con- subject to the same restrictions and penalties as The Senator from Iowa [Mr. GRASSLEY], for sequence analysis information available to the apply to officers and employees of the State or Mr. CHAFEE, proposes an amendment num- public in any form except as authorized by the local government under this section. bered 735 to the reported committee amend- Administrator. (e) GUIDANCE AND REGULATIONS.— ment. (7) AUTHORITY OF STATES AND LOCAL GOVERN- (1) ISSUANCE OF GUIDANCE.— MENTS TO MAKE INFORMATION AVAILABLE.—Not- (A) IN GENERAL.—Not later than 60 days after (The text of the amendment is print- withstanding any provision of State or local the date of enactment of this Act, the Adminis- ed in today’s RECORD under ‘‘Amend- law, and except as provided in subsection (d)(2), trator shall issue guidance setting forth proce- ments Submitted.’’) an officer or employee of a State or local govern- dures and methods for making off-site con- Mr. CHAFEE. Mr. President, I rise in ment may make off-site consequence analysis in- sequence analysis information available to the support of the managers’ amendment formation available only to the extent that an public in a manner consistent with this section. to S. 880, the Fuels Regulatory Relief officer or employee of the United States would (B) CONSULTATION.—The Administrator shall be permitted to make the information available, consult with the heads of other appropriate Act. S. 880 was voted out of the Senate consistent with the guidance and any regula- Federal agencies in developing the guidance. Environmental and Public Works Com- tions promulgated under subsection (e), except (C) REVISION OF GUIDANCE.—The Adminis- mittee on May 11. The risk manage- that a State or local government officer or em- trator may revise the guidance, as appropriate, ment program, RMP, created by Sec- ployee may make available only the information in consultation with the heads of appropriate tion 112(r) of the Clean Air Act, was de- that concerns stationary sources located in the Federal agencies. signed to focus companies and emer- State in which the officer or employee serves. (D) JUDICIAL REVIEW.—Guidance issued under gency response personnel on reducing (8) COLLECTION AND MAINTENANCE OF RECORDS this paragraph, and any revision of the guid- the change of an accidental chemical OF PERSONS SEEKING ACCESS TO INFORMATION.— ance, shall not be subject to judicial review. (A) LIMITATION ON AUTHORITY OF THE ADMIN- (E) REGULATIONS IN LIEU OF GUIDANCE.—To release and on improving the response ISTRATOR.— the extent that the Administrator determines to to releases when they happen. The (i) IN GENERAL.—The Administrator may col- be appropriate, the Administrator may promul- RMP was partly a reaction to the Bho- lect and maintain records that reflect the iden- gate regulations instead of issue guidance under pal, India chemical disaster and is part tity of individuals and other persons seeking ac- this subsection. of a larger set of programs designed to cess to information under this section only to (2) REGULATIONS.— reduce the likelihood of future acci- the extent that the collection and maintenance (A) IN GENERAL.—The Administrator may pro- dental releases. In its regulation, EPA is relevant to, and necessary to accomplish, a mulgate such regulations as are necessary to included propane and some other fuels purpose of the Environmental Protection Agen- carry out the duties of the Administrator under cy that is required to be accomplished by statute this section. in the program. This was seen as a or by executive order of the President. (B) JUDICIAL REVIEW.—Regulations promul- problem because the RMP was not in- (ii) APPLICABILITY OF FREEDOM OF INFORMA- gated under this paragraph shall be subject to tended to address traditional fuel use. TION ACT.—Records collected under clause (i) judicial review to the same extent and in the Senator INHOFE introduced S. 880 to re- shall be subject to section 552a of title 5, United same manner as regulations promulgated under lieve propane users from participation States Code. section 112(r)(7) of the Clean Air Act (42 U.S.C. in the RMP. (B) LIMITATION ON AUTHORITY OF STATE OR 7412(r)(7)). During markup of S. 880, the Envi- LOCAL GOVERNMENTS.—An officer or employee of (f) AUTHORITY TO ISSUE ORDERS.—The Ad- ronment and Public Works Committee a State or local government may collect and ministrator may exercise the authority provided maintain records that reflect the identity of in- under section 112(r)(9) of the Clean Air Act (42 adopted an administration proposal to dividuals and other persons seeking access to in- U.S.C. 7412(r)(9)) to withhold, or prevent the re- address public access to a part of a fa- formation under this section only to the extent lease of, off-site consequence analysis informa- cility’s risk management plan, known that the collection and maintenance is relevant tion if the Administrator determines that release as off-site consequence analysis. The

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13973 EPA had intended to release this infor- duce the risks associated with their fa- In the Clean Air Act Amendments of mation on its website, until the FBI cility. This amendment includes sev- 1990, Congress directed EPA to compile raised concerns that posting this infor- eral tools to assist in the process of re- a list of at least 100 substances that mation on the Internet would provide ducing risks. First, this amendment ‘‘pose the greatest risk of causing an attractive targeting tool for terror- ensures that emergency response per- death, injury, or serious adverse effects ists and criminals. The administra- sonnel get full and immediate access to to human health or the environment tion’s proposal, which the managers’ this information. Second, the regula- from accidental releases.’’ EPA was to amendment would modify, attempted tion will allow access to a limited consider the severity of acute health to balance the benefits of public access number of copies for any member of effects, the likelihood of releases, and to this information with the legitimate the public so each of us can have the the potential magnitude of exposure safety concerns raised by its public information about facilities in our associated with accidental releases of a availability. community. Third, this amendment substance before putting it on the list. At the May 11 business meeting, will allow access to a national database I was a member of the conference members of the Environment and Pub- of this information that does not iden- committee on that bill. And, I believe lic Works Committee raised some con- tify the facilities. This will allow peo- that Congress did not intend that pro- cerns about the administration’s pro- ple to compare their local facility with pane or flammables used as fuels would posal. We had received the proposal lit- others around the country. pass those tests and be listed. Congress tle more than a day before the markup. Finally, this amendment directs the was focused on preventing major toxic Since then, committee staff from both administrator to create an information catastrophes, such as occurred in Bho- sides of the aisle have worked dili- technology system that allows public pal, India, not the type of accidents gently to resolve the difference and access to off-site consequence analysis that are covered by existing Federal or crafted a compromise that I believe im- information on a read-only basis. This State fire safety or transportation proves upon the administration pro- database would be centrally controlled laws. Because it was not Congress’ in- posal. This amendment ensures that by the federal government, much like tent that they be added, I am sup- state and local emergency response of- the system the FBI uses to do back- porting removing them from the list. As I mentioned during the commit- ficials have immediate and full access ground checks. Terminals to access the tee’s markup of S. 880, I wanted to be to this information. A greater measure database could be placed in libraries responsive to concerns of the fire- of public access will be established and government offices around the na- fighters and fire chiefs. They had hoped within one year through a public notion where users could assess the infor- to get information on flammables used tice and comment rulemaking. mation for research purposes, but not There are two important differences make copies of the information. as fuels as part of the risk management between this amendment and the ad- This product is not perfect, everyone program. But, as we discussed the mat- ministration’s proposal that the Envi- had to make concessions in order to ter further, it became clearer that their interests would be best served by ronment and Public Works Committee reach agreement, but what we have is a the comprehensive GAO study we have adopted. First, this amendment re- product that strikes an appropriate placed in the bill on their information quires a rulemaking process, with pub- balance between public access to this needs and the ability of Federal and lic notice and comment, in the final de- information and the safety concerns State laws and programs to help them termination of the extent of public ac- raised by posting it on the Internet. I want to thank Senator INHOFE and Sen- do their jobs. cess. Second, the exemption from FOIA The bill also directs the GAO to do is only temporary, rather than the per- ator BAUCUS for their efforts to achieve a reasonable and speedy solution ac- an additional study on the status of manent exemption proposed by the ad- changes to the National Fire Protec- ministration. In this amendment, the ceptable to all parties. Mr. GRASSLEY. Mr. President, I ask tion Association Code for propane FOIA exemption is waived unless the unanimous consent that the amend- (NFPA 58). This voluntary industry rule is finalized within one year. The ment be agreed to. standard was often cited by members of entire provision, including the FOIA The PRESIDING OFFICER. Without the propane industry as sufficiently exemption, expires after six years. If it objection, it is so ordered. protective of the public so that no ad- is appropriate at that time, Congress The amendment (No. 735) was agreed ditional regulations were necessary. could reauthorize the FOIA exemption. to. The GAO will report back on changes Both the managers’ amendment and Mr. GRASSLEY. I ask unanimous to NFPA 58 that will hopefully provide the administration language attempt consent that the committee amend- at least the same level of public benefit to address the safety concerns raised ment, as amended, be agreed to. as would have been provided by the by the availability of a national data- The PRESIDING OFFICER. Without listing of propane under the RMP re- base of worst-case chemical accident objection, it is so ordered. quirements. I look forward to seeing information. To that end, the language The committee amendment, as progress on NFPA 58 that is responsive in this bill will preempt State and amended, was agreed to. to the fire fighting community. local law regarding public access to Mr. BAUCUS. Mr. President, the I am pleased to note that we have government information. It makes lit- Fuels Regulatory Relief Act is a good been able to come to an agreement on tle sense for us to limit public access measure. It has two major pieces. The a managers’ amendment which is a at the federal level but not at the State first exempts flammable substances substitute for section 4 of the reported level. As a former Governor, I believe used as fuels, including propane, from version of S. 880. That was largely the the federal government must use the the regulatory requirements of the Administration’s proposal for pro- greatest restraint in exercising a pre- Clean Air Act’s risk management providing appropriate public access to the emption of State law. With that in gram. The second is the matter of pub- sensitive parts of the risk management mind, the managers’ amendment lic access to worst case scenario data. plans. Our amendment will help the ad- makes clear that the preemption only The committee and all of Congress ministration continue implementing applies to that information collected has heard the concerns of propane the accident prevention provisions of by the federal government. In other users and distributors. I have met with the Clean Air Act in a sensible way. words, if a State were to require the propane distributors from Montana on The amendment balances the public’s submission of similar—or even iden- this subject. They feel that the burden right to know information about ex- tical—information about chemical re- imposed by the EPA’s risk manage- tremely hazardous substances with the leases, no federal restrictions would ment program is costly and provides need to place some limits on access to apply to its distribution. little public health protection. They that information to prevent terrorists I believe most companies will want have achieved some relief in court, but and other criminals from misusing it. to work with community leaders and prefer, and this bill provides, a clearer Section 4 is a response to a potential emergency response personnel to re- statement of Congress’ intent. threat identified by the administration

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 13974 CONGRESSIONAL RECORD—SENATE June 23, 1999 and industry. The Federal Bureau of States’ Attorneys General, first re- provided the maximum possible public Investigation (FBI) has testified before sponders, librarians and environmental access to RMP information in this the Committee about its concerns that groups, since the Administration pro- amendment and the Clean Air Act. Internet posting of parts of the risk posal was approved. The right-to-know effect has been management plans (RMPs) required To encourage an expedited rule- very successful in reducing overall under section 112(r) of the Clean Air making process, the FOIA exemption toxic emissions to air, water and land. Act could increase the threat of crimi- would be lifted if the rule is not com- Knowing more about the off-site con- nal or terrorist actions. The FBI is par- pleted within one year. In any event, sequences of these substances should ticularly concerned about the possible the FOIA exemption would be lifted six encourage companies to build safer fa- use of off-site consequence or worst years after enactment. This deadline cilities and look for alternative manu- case scenario information in the RMPs ensures that Congress revisits and facturing methods. After all, it is part by terrorists to rank targets and maxi- oversees the matter and is in keeping of the general duty under section 112(r) mize harm to the public. That section with the probable obsolescence of any for owners and operators of chemical of the Act was created to help prevent information technology developed to plants ‘‘to design and maintain a safe incidents like the one in Bhopal, India, satisfy the security concerns of the facility taking such steps as are nec- where 3,000 people died and 200,000 were FBI and the public access concerns of essary to prevent [accidental] re- injured due to a chemical plant dis- the EPA. leases.’’ Clearly, measures which en- aster. State and local government per- tirely eliminate the presence of poten- I thank Senators LAUTENBERG, sonnel and affiliated individuals who tial hazards, through substitution of CHAFEE, INHOFE and representatives of need the worst case information for the less harmful substances or by mini- the Administration for their work in official use of detecting, preventing, mizing the quantity of an extremely developing the managers’ amendment and responding to chemical facility ac- hazardous substance, as opposed to and moving this process along. It rep- cidents and their off-site consequences those which merely provide additional resents a real bipartisan team effort. would be assured of getting it during containment, are the most preferred Senator LAUTENBERG and his staff were the rulemaking period and after the and would be most effective in reduc- particularly helpful in achieving a bal- rule is issued. However, to limit the ing the risk of accidental releases. The anced agreement on the risk manage- chances that this information could amendment specifically authorizes ment plan portions of the amendment. get on the Internet, these people would EPA and the Department of Justice to In early May, the administration be required to exercise great care in help owners and operators develop vol- sent up a legislative proposal to create their use and distribution of it. The untary industry standards to carry out a more secure system for handling sen- same restrictions would be placed on the various objectives of the general sitive RMP information. The adminis- qualified researchers. Guidance will be duty clause. Mr. President, we are prepared for tration’s hope was that Congress would issued by EPA, as part of the rule- final passage. I urge my colleagues to act before June 21, 1999, because that is making, describing the official uses of support the measure, and I hope the the statutory deadline under the Clean the sensitive RMP information. House will take up this matter and Air Act for significant users of ex- The amendment establishes penalties tremely hazardous substances to sub- send it quickly to the President. for those who knowingly or willfully Mr. INHOFE. Mr. President, after mit their RMP information to EPA. violate the restrictions on the dissemi- many weeks of intensive negotiations, The act directs EPA to make that in- nation of the sensitive parts of the I am pleased the members of the Envi- formation available to local emergency RMP. There would be a two-tiered ap- ronment and Public Works Committee responders, the States and the public. proach. People who knowingly misuse and the administration were able to Unless this bill or similar legislation is the information could be fined up to come to an agreement on S. 880, the passed soon, with a retroactivity $5,000 for each infraction. People who Fuels Regulatory Relief Act. I take clause included, the Administration violate willfully, meaning that they this opportunity to clarify certain cannot limit public access to this sen- know what the law or regulations pro- points of this important legislation. sitive information and would not be hibit and proceed anyway regardless of One item that is of particular con- able to prevent it from getting on the potential consequences, could face cern is the possibility for circumven- Internet. The Freedom of Information fines up to $1 million per calendar year. tion by covered persons. New subpara- Act, FOIA, requires this kind of infor- The Clean Air Act’s risk manage- graph (H)(xii)(II) states that it ‘‘does mation be made available to the pub- ment program was created by Congress not restrict the dissemination of off- lic, since it is not classified or consid- to help prevent chemical accidents site consequence analysis information ered confidential business information. that can harm our communities. Peo- by any covered person in any manner The RMP information is a truly new ple living near chemical plants do not or form except in the form of a risk category of government information. care whether an accident occurs be- management plan.’’ My concern is that The committee approved the admin- cause of operator negligence or crimi- this provision would seem to allow a istration’s proposal on May 11, 1999, nal activity. They want to feel and be government official in possession of with the understanding that changes secure from such threats. That is why this information to alter it in some would have to be made before it would we are taking this step today. We want minor, trivial way—like white out the be ready for the full Senate’s consider- to reduce the opportunity that Inter- words ‘‘Risk Management Plan’’ at the ation. Fundamentally, this managers’ net dissemination of worst case sce- top of the page—and then distribute it amendment is similar to the Adminis- nario information could be used by with complete impunity. That possi- tration proposal. They both establish a criminals to cause terror or destruc- bility would obviously undermine the system for accessing RMP information tion. We have even included an empha- entire purpose of the legislation. which is separate and distinct from the sis on preventing criminal releases of The purpose of this part of the bill is usual FOIA process. However, the ap- extremely hazardous substances, to simply to clarify that covered persons proach in the managers’ amendment make it clear that these should be an can talk generally to the public about provides a one-year exemption from important focus of the accidental re- off-site consequence information—so FOIA while regulations are developed lease prevention program. that they can prepare documents that to govern the handling of and access to But, we also want to preserve the im- discuss the overall effect of OCAs in a worst-case scenario information. This portant incentive created by public particular state or locality, or so that rulemaking period is a recognition of knowledge about chemical accidents they can prepare summaries like the the need to air the many issues rising and their consequences. That knowl- executive summaries of risk manage- from the creation of this new informa- edge encourages manufacturers to im- ment plans. But this provision would tion access system. Concerns about it prove the efficiency of their processes not allow them to release OCA infor- have been raised by the public, the and plant safety. That is why we have mation about a particular facility, or

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in a way that would tend to identify a I am worried about subparagraph Senator BAUCUS. Their work has en- particular facility, except to the extent (H)(v)(III), which says that where a fa- sured the passage of this important allowed by the regulations envisioned cility ‘‘makes off-site consequence legislation. I yield the floor. in the bill, or in the event that the one- analysis information relating to that EXEMPTED SUBSTANCES year moratorium expired without any stationary source available to the pub- Mr. INHOFE. Mr. President, I rise to regulations having been promulgated. lic without restriction,’’ the prohibi- make a few remarks about S. 880, the The only exception would be where the tions and sanctions created by the bill Fuels Regulatory Relief Act. This bill covered person came into possession of would no longer apply. I’m concerned is designed to address the listing of cer- information that could be described as that this provision will lead facilities tain flammable fuels under section ‘‘off-site consequence information,’’ to be very hesitant to reveal any infor- 112(r)(3) of the Clean Air Act. The Com- but which was generated by some to- mation about offsite consequences, for mittee determined that propane and tally different process than the Risk fear that they will thereby be author- flammables used as fuels should not be Management Program. izing government agencies to put their listed as a regulated or extremely haz- I am also troubled about the provi- OCA data on the Internet. ardous substances because they do not sion entitled ‘‘Effect on State or Local Under the legislation, ‘‘offsite con- comport with the Act’s criteria for Law.’’ On the one hand, subparagraph sequence analysis information’’ is a de- such listing. However, the National As- (H)(x)(I) states that the bill, and the fined term which is defined as ‘‘those sociation of Fire Fighters are con- regulations under it, shall supersede portions of a risk management plan, cerned that removing these substances any inconsistent provision of state or excluding the executive summary of from Federal regulation under section local law. But on the other hand, that the plan, consisting of an evaluation of 112(r) of the act will limit information preemption is ‘‘subject to’’ subpara- 1 or more worst-case scenario or alter- regarding these fuels that would have graph (H)(x)(II), which says ‘‘nothing in native scenario accidental releases . . . been available to the public through [the bill] precludes a State from mak- .’’ So before a facility would lose the the Risk Management Plans, RMP re- ing available off-site consequence anal- protections provided by this bill, it quired by EPA’s final rule imple- ysis information collected in accord- would have to release its risk manage- menting that section. ance with State law.’’ ment plan, or at least the OCA portion Mr. BAUCUS. Mr. President, I want The issue of preemption of State laws of that plan, and do so without any re- to thank my colleague from Oklahoma is always a concern of mine, and I be- strictions whatsoever. They would be for his work on this piece of legisla- lieve this legislation provides the prop- free to summarize or repackage the in- tion. I think it is responsive to the con- er balance of necessary protection of formation in a different form without cerns that we heard from the fire fight- information and the guidance for triggering the provision in question. I ers and the other first responders. They States to follow. The bill prevents think this creates a real bright-line are concerned about losing access to States from disseminating any infor- test that should give facilities the kind information that would have been in- mation that they receive from a facil- of assurance they need to allow them cluded in RMPs for those substances ity directly, or indirectly from any to continue doing the sort of outreach exempted by this bill. The RMP infor- other person, that was generated in the I also want to encourage. mation was intended by Congress to course of complying with Clean Air Act Section (H)(ii) of the amendment re- aid emergency responders and commu- section 112(r)(7). The only way a State quires, first, that the President assess nities in the prevention of loss of life can disseminate such information is the risks associated with posting off- and property that might occur due to pursuant to the regulations called for site consequence analyses on the Inter- accidental releases of hazardous sub- by the bill, or if the moratorium cre- net, and second, based on that assess- stances. The component of the RMPs of ated by the bill expires without any ment, to regulate in a manner that greatest interest to the emergency re- regulations having been promulgated. minimizes the likelihood of both acci- sponders is the hazard assessment re- In plain language, what paragraph dental and criminal releases from cov- quired by section 112(r)(7)(B)(ii)(I). (H)(x)(II) does is say that where a State ered facilities. At a minimum, these Mr. INHOFE. I also thank my col- enacts its own, completely free-stand- regulations should accomplish the fol- league from Montana for his work on ing statute that calls for the inde- lowing goals in providing access to off- this bill. We are very aware of the dan- pendent collection of information that site-consequence information: gers fire fighters and other emergency fits the definition of ‘‘offsite con- Minimize the likelihood of accidental response personnel face every day pro- sequence analysis information,’’ then and criminal releases; tecting the lives of our people and we the State is allowed to release that in- Allow limited access to paper copies want to provide them with the infor- formation in accordance with State of the analyses; mation they need to handle threats law. So far as I am aware, no such Allow other public access as appro- posed by extremely hazardous sub- State law currently exists. Obviously, I priate; and stances. Nonetheless, the substances would hope that before a State enacted Provide access for official uses. generally addressed by S. 880, section 3, such a law, it would carefully consider I note that the ‘‘other public access’’ do not warrant coverage by a Clean Air the reasons that have led us to enter- contemplated under this provision re- Act requirement to submit RMPs. A tain this legislation today; the need to lates to the availability of summaries voluntary, non-regulatory approach, keep such sensitive information from or other discussions of off-site con- such as the voluntary standards of the being put on the Internet or otherwise sequence analyses that do not identify National Fire Protection Association made widely available without ade- the specific facility or location, and to for Liquified Petroleum Gas (NFPA 58), quate assessment of the security risks mechanisms such as ‘‘read-only’’ ap- can better supply the information created thereby. proaches that preclude copying. Fur- needed by fire fighters to protect their Many responsible companies regu- ther, for the access by officials in con- and the public’s health and welfare. lated by the RMP program realized a tiguous states or localities indicated in Mr. BAUCUS. I agree with my col- long time ago that they needed to (H)(ii)(II)(cc)-(ee), the intention is to league, but NFPA 58 does not currently reach out and engage their local com- provide official access to off-site con- require the development of hazard as- munities about the possible offsite consequence analyses in cases where the sessment or off-site consequence anal- sequences of releases from their facili- affected facilities have worst-case sce- ysis information. NFPA 58 also does ties. Many companies started this dia- narios that impact the contiguous not make specific provision for com- logue process years ago, and many state or locality. municating or sharing this information more are engaged in it right now. Mr. PRESIDENT, I thank the distin- with local emergency response authori- Clearly this sort of voluntary outreach guished chairman, Senator CHAFEE, for ties or personnel. Another problem is precisely the sort of behavior that his guidance and also the tremendous with the NFPA Code is that state fire we want to encourage, not discourage. cooperation by the ranking member, protection codes laws refer to NFPA 58

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 13976 CONGRESSIONAL RECORD—SENATE June 23, 1999 as of a certain date. Therefore, when (2) by striking ‘‘Administrator shall con- ‘‘(II) based on the assessment under sub- the Code is updated, state laws do not sider each of the following criteria—’’ and in- clause (I), promulgate regulations governing automatically reflect subsequent serting the following: ‘‘Administrator— the distribution of off-site consequence anal- changes to it. ‘‘(A) shall consider—’’; ysis information in a manner that, in the (3) in subparagraph (A)(iii) (as designated opinion of the President, minimizes the like- Mr. INHOFE. That is true. There are by paragraphs (1) and (2)), by striking the pe- lihood of accidental releases and criminal re- two reports included in this legislation riod at the end and inserting ‘‘; and’’; and leases and the likelihood of harm to public designed to address those specific prob- (4) by adding at the end the following: health and welfare, and— lems. The first report will examine the ‘‘(B) shall not list a flammable substance ‘‘(aa) allows access by any member of the status of amendments to NFPA 58 that when used as a fuel or held for sale as a fuel public to paper copies of off-site consequence will provide to local emergency re- under this subsection solely because of the analysis information for a limited number of sponse personnel information con- explosive or flammable properties of the sub- stationary sources located anywhere in the stance, unless a fire or explosion caused by cerning the off-site effects of acci- United States; the substance will result in acute adverse ‘‘(bb) allows other public access to off-site dental releases of those substances ex- heath effects from human exposure to the consequence analysis information as appro- empted from listing by section 3 of this substance, including the unburned fuel or its priate; legislation. We strongly encourage all combustion byproducts, other than those ‘‘(cc) allows access for official use by a cov- the parties involved in this NFPA caused by the heat of the fire or impact of ered person described in any of items (cc) amendment process to work together the explosion.’’. through (ff) of clause (i)(I) (referred to in in good faith and in a timely manner. SEC. 4. PUBLIC ACCESS TO OFF-SITE CON- this subclause as a ‘State or local covered SEQUENCE ANALYSIS INFORMATION. person’) to off-site consequence analysis in- The second report is designed to exam- (a) IN GENERAL.—Section 112(r)(7) of the ine the sufficiency of the information formation relating to stationary sources lo- Clean Air Act (42 U.S.C. 7412(r)(7)) is amend- cated in the person’s State; local emergency response personnel reed by adding at the end the following: ‘‘(dd) allows a State or local covered perceive to help them respond to chemical ‘‘(H) PUBLIC ACCESS TO OFF-SITE CON- son to provide, for official use, off-site con- accidents. Specifically, the report will SEQUENCE ANALYSIS INFORMATION.— sequence analysis information relating to address the level of compliance with all ‘‘(i) DEFINITIONS.—In this subparagraph: stationary sources located in the person’s federal and state requirements for sub- ‘‘(I) COVERED PERSON.—The term ‘covered State to a State or local covered person in a person’ means— contiguous State; and mission of this information to emer- ‘‘(aa) an officer or employee of the United ‘‘(ee) allows a State or local covered person gency response personnel. Also, the re- States; to obtain for official use, by request to the port will examine the adequacy of the ‘‘(bb) an officer or employee of an agent or Administrator, off-site consequence analysis contractor of the Federal Government; methods for delivering this informa- information that is not available to the per- ‘‘(cc) an officer or employee of a State or tion to emergency response personnel. son under item (cc). local government; Mr. BAUCUS. I believe these reports ‘‘(iii) AVAILABILITY UNDER FREEDOM OF IN- ‘‘(dd) an officer or employee of an agent or will be of great help to firefighters and FORMATION ACT.— contractor of a State or local government; other emergency responders in looking ‘‘(I) FIRST YEAR.—Off-site consequence ‘‘(ee) an individual affiliated with an enti- analysis information, and any ranking of at the adequacy of the information ty that has been given, by a State or local stationary sources derived from the informa- they need and get to do their jobs well. government, responsibility for preventing, If the reports come back showing that planning for, or responding to accidental re- tion, shall not be made available under sec- the Federal government has not done leases and criminal releases; tion 552 of title 5, United States Code, during the 1-year period beginning on the date of its share to make their job of pro- ‘‘(ff) an officer or employee or an agent or contractor of an entity described in item enactment of this subparagraph. tecting the public easier, then this ‘‘(II) AFTER FIRST YEAR.—If the regulations committee and others should take (ee); and ‘‘(gg) a qualified researcher under clause under clause (ii) are promulgated on or be- quick action to address any gaps in the (vii). fore the end of the period described in sub- system. ‘‘(II) CRIMINAL RELEASE.—The term ‘crimi- clause (I), off-site consequence analysis in- Mr. GRASSLEY. Mr. President, I ask nal release’ means an emission of a regulated formation covered by the regulations, and unanimous consent that the bill be substance into the ambient air from a sta- any ranking of stationary sources derived read a third time and passed, the mo- tionary source that is caused, in whole or in from the information, shall not be made tion to reconsider be laid upon the part, by a criminal act. available under section 552 of title 5, United ‘‘(III) OFFICIAL USE.—The term ‘official States Code, after the end of that period. table, and that any statements relating ‘‘(III) APPLICABILITY.—Subclauses (I) and to this bill appear at the appropriate use’ means an action of a Federal, State, or local government agency or an entity re- (II) apply to off-site consequence analysis in- place in the RECORD. ferred to in subclause (I)(ee) intended to formation submitted to the Administrator The PRESIDING OFFICER. Without carry out a function relevant to preventing, before, on, or after the date of enactment of objection, it is so ordered. planning for, or responding to accidental re- this subparagraph. The bill (S. 880), as amended, was leases or criminal releases. ‘‘(iv) AVAILABILITY OF INFORMATION DURING read the third time and passed, as fol- ‘‘(IV) OFF-SITE CONSEQUENCE ANALYSIS IN- TRANSITION PERIOD.—The Administrator shall lows: FORMATION.—The term ‘off-site consequence make off-site consequence analysis information available to covered persons for official S. 880 analysis information’ means those portions of a risk management plan, excluding the ex- use in a manner that meets the requirements Be it enacted by the Senate and House of ecutive summary of the plan, consisting of of items (cc) through (ee) of clause (ii)(II), Representatives of the United States of America an evaluation of 1 or more worst-case sce- and to the public in a form that does not in Congress assembled, nario or alternative scenario accidental re- make available any information concerning SECTION 1. SHORT TITLE. leases, and any electronic data base created the identity or location of stationary This Act may be cited as the ‘‘Fuels Regu- by the Administrator from those portions. sources, during the period— latory Relief Act’’. ‘‘(V) RISK MANAGEMENT PLAN.—The term ‘‘(I) beginning on the date of enactment of SEC. 2. FINDINGS. ‘risk management plan’ means a risk man- this subparagraph; and Congress finds that, because of their low agement plan submitted to the Adminis- ‘‘(II) ending on the earlier of the date of toxicity and because they are regulated suf- trator by an owner or operator of a sta- promulgation of the regulations under clause ficiently under other programs, flammable tionary source under subparagraph (B). (ii) or the date that is 1 year after the date fuels, such as propane, should not be in- ‘‘(ii) REGULATIONS.—Not later than 1 year of enactment of this subparagraph. cluded on the list of substances subject to after the date of enactment of this subpara- ‘‘(v) PROHIBITION ON UNAUTHORIZED DISCLO- the risk management plan program under graph, the President shall— SURE OF INFORMATION BY COVERED PERSONS.— section 112(r) of the Clean Air Act (42 U.S.C. ‘‘(I) assess— ‘‘(I) IN GENERAL.—Beginning on the date of 7412(r)). ‘‘(aa) the increased risk of terrorist and enactment of this subparagraph, a covered SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM other criminal activity associated with the person shall not disclose to the public off- RISK MANAGEMENT LIST. posting of off-site consequence analysis in- site consequence analysis information in any Section 112(r)(4) of the Clean Air Act (42 formation on the Internet; and form, or any statewide or national ranking U.S.C. 7412(r)(4)) is amended— ‘‘(bb) the incentives created by public dis- of identified stationary sources derived from (1) by redesignating subparagraphs (A) closure of off-site consequence analysis in- such information, except as authorized by through (C) as clauses (i) through (iii), re- formation for reduction in the risk of acci- this subparagraph (including the regulations spectively, and indenting appropriately; dental releases and criminal releases; and promulgated under clause (ii)). After the end

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 June 23, 1999 CONGRESSIONAL RECORD—SENATE 13977 of the 1-year period beginning on the date of seminate, or make available on the Internet, lease’’ has the meaning given the term in enactment of this subparagraph, if regula- the off-site consequence analysis informa- section 112(r)(2) of the Clean Air Act (42 tions have not been promulgated under tion, or any portion of the off-site con- U.S.C. 7412(r)(2)). clause (ii), the preceding sentence shall not sequence analysis information, received (2) REPORT ON STATUS OF CERTAIN AMEND- apply. under this clause. MENTS.—Not later than 2 years after the date ‘‘(II) CRIMINAL PENALTIES.— ‘‘(viii) READ-ONLY INFORMATION TECH- of enactment of this Act, the Comptroller ‘‘(aa) KNOWING VIOLATIONS.—A covered per- NOLOGY SYSTEM.—In consultation with the General of the United States shall submit to son that knowingly violates a restriction or Attorney General and the heads of other ap- Congress a report on the status of the devel- prohibition established by this subparagraph propriate Federal agencies, the Adminis- opment of amendments to the National Fire (including the regulations promulgated trator shall establish an information tech- Protection Association Code for Liquefied under clause (ii)) shall be fined not more nology system that provides for the avail- Petroleum Gas that will result in the provi- than $5,000 for each unauthorized disclosure ability to the public of off-site consequence sion of information to local emergency re- of off-site consequence analysis information. analysis information by means of a central sponse personnel concerning the off-site ef- The disclosure of off-site consequence anal- data base under the control of the Federal fects of accidental releases of substances ex- ysis information for each specific stationary Government that contains information that empted from listing under section 112(r)(4)(B) source shall be considered a separate offense. users may read, but that provides no means of the Clean Air Act (as added by section 3). Section 3571 of title 18, United States Code, by which an electronic or mechanical copy of (3) REPORT ON COMPLIANCE WITH CERTAIN IN- shall not apply to an offense under this item. the information may be made. FORMATION SUBMISSION REQUIREMENTS.—Not The total of all penalties that may be im- ‘‘(ix) VOLUNTARY INDUSTRY ACCIDENT PRE- later than 3 years after the date of enact- posed on a single person or organization VENTION STANDARDS.—The Environmental ment of this Act, the Comptroller General of under this item shall not exceed $100,000 for Protection Agency, the Department of Jus- the United States shall submit to Congress a violations committed during any 1 calendar tice, and other appropriate agencies may report that— year. provide technical assistance to owners and (A) describes the level of compliance with ‘‘(bb) WILLFUL VIOLATIONS.—A covered per- operators of stationary sources and partici- Federal and State requirements relating to son that willfully violates a restriction or pate in the development of voluntary indus- the submission to local emergency response prohibition established by this subparagraph try standards that will help achieve the ob- personnel of information intended to help (including the regulations promulgated jectives set forth in paragraph (1). the local emergency response personnel re- under clause (ii)) shall be fined under section ‘‘(x) EFFECT ON STATE OR LOCAL LAW.— spond to chemical accidents or related envi- 3571 of title 18, United States Code, for each ‘‘(I) IN GENERAL.—Subject to subclause (II), ronmental or public health threats; and unauthorized disclosure of off-site con- this subparagraph (including the regulations (B) contains an analysis of the adequacy of sequence analysis information, but shall not promulgated under this subparagraph) shall the information required to be submitted be subject to imprisonment. The total of all supersede any provision of State or local law and the efficacy of the methods for deliv- penalties that may be imposed on a single that is inconsistent with this subparagraph ering the information to local emergency re- person or organization under this item shall (including the regulations). sponse personnel. not exceed $1,000,000 for violations com- ‘‘(II) AVAILABILITY OF INFORMATION UNDER mitted during any 1 calendar year. STATE LAW.—Nothing in this subparagraph (c) TERMINATION OF AUTHORITY.—The au- ‘‘(III) APPLICABILITY.—If the owner or oper- precludes a State from making available thority provided by this section and the ator of a stationary source makes off-site data on the off-site consequences of chemical amendment made by this section terminates consequence analysis information relating to releases collected in accordance with State 6 years after the date of enactment of this that stationary source available to the pub- law. Act. lic without restriction— ‘‘(xi) REPORT ON ACHIEVEMENT OF OBJEC- ‘‘(aa) subclauses (I) and (II) shall not apply TIVES.— f with respect to the information; and ‘‘(I) IN GENERAL.—Not later than 3 years ‘‘(bb) the owner or operator shall notify after the date of enactment of this subpara- the Administrator of the public availability graph, the Comptroller General shall submit ORDERS FOR THURSDAY, JUNE 24, of the information. to Congress a report that describes the ex- 1999 ‘‘(IV) LIST.—The Administrator shall tent to which the regulations promulgated maintain and make publicly available a list under this paragraph have resulted in ac- Mr. GRASSLEY. Mr. President, I ask of all stationary sources that have provided tions, including the design and maintenance unanimous consent that when the Sen- notification under subclause (III)(bb). of safe facilities, that are effective in detect- ate completes its business today, it ‘‘(vi) GUIDANCE.— ing, preventing, and minimizing the con- stand in adjournment until 9:30 a.m. on ‘‘(I) ISSUANCE.—Not later than 60 days after sequences of releases of regulated substances Thursday, June 24. I further ask that the date of enactment of this subparagraph, that may be caused by criminal activity. the Administrator, after consultation with ‘‘(II) INTERIM REPORT.—Not later than 270 on Thursday, immediately following the Attorney General and the States, shall days after the date of enactment of this sub- the prayer, the Journal of proceedings issue guidance that describes official uses of paragraph, the Comptroller General shall be approved to date, the morning hour off-site consequence analysis information in submit to Congress an interim report that be deemed to have expired, the time for a manner consistent with the restrictions in includes, at a minimum— the two leaders be reserved for their items (cc) through (ee) of clause (ii)(II). ‘‘(aa) the preliminary findings under sub- use later in the day, and that the Sen- ‘‘(II) RELATIONSHIP TO REGULATIONS.—The clause (I); guidance describing official uses shall be ‘‘(bb) the methods used to develop those ate immediately resume consideration modified, as appropriate, consistent with the findings; and of the agriculture appropriations bill. regulations promulgated under clause (ii). ‘‘(cc) an explanation of the activities ex- The PRESIDING OFFICER. Without ‘‘(III) DISTRIBUTION.—The Administrator pected to occur that could cause the findings objection, it is so ordered. shall transmit a copy of the guidance de- of the report under subclause (I) to be dif- scribing official uses to— ferent from the preliminary findings. ‘‘(aa) each covered person to which off-site ‘‘(xii) SCOPE.—This subparagraph— f consequence analysis information is made ‘‘(I) applies only to covered persons; and available under clause (iv); and ‘‘(II) does not restrict the dissemination of PROGRAM ‘‘(bb) each covered person to which off-site off-site consequence analysis information by consequence analysis information is made any covered person in any manner or form Mr. GRASSLEY. For the information available for an official use under the regula- except in the form of a risk management of all Senators, tomorrow the Senate tions promulgated under clause (ii). plan or an electronic data base created by will convene at 9:30 a.m. and imme- ‘‘(vii) QUALIFIED RESEARCHERS.— the Administrator from off-site consequence ‘‘(I) IN GENERAL.—Not later than 180 days analysis information. diately resume consideration of the ag- after the date of enactment of this subpara- ‘‘(xiii) AUTHORIZATION OF APPROPRIA- riculture appropriations bill. It is graph, the Administrator, in consultation TIONS.—There are authorized to be appro- hoped that an agreement can be with the Attorney General, shall develop and priated to the Administrator and the Attor- reached to consider agriculture-related implement a system for providing off-site ney General such sums as are necessary to amendments during Thursday’s session consequence analysis information, including carry out this subparagraph (including the of the Senate. All Senators can expect facility identification, to any qualified re- regulations promulgated under clause (ii)), rollcall votes throughout the session searcher, including a qualified researcher to remain available until expended.’’. from industry or any public interest group. (b) REPORTS.— tomorrow as the Senate works to make ‘‘(II) LIMITATION ON DISSEMINATION.—The (1) DEFINITION OF ACCIDENTAL RELEASE.—In progress on the agriculture appropria- system shall not allow the researcher to dis- this subsection, the term ‘‘accidental re- tions bill.

VerDate jul 14 2003 14:23 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S23JN9.002 S23JN9 13978 CONGRESSIONAL RECORD—SENATE June 23, 1999 ADJOURNMENT UNTIL 9:30 A.M. KEVIN D. COOK MARK A. JUMPER BEN P. PERSINGER JOHN S. SPICER RICHARD D. COOK STEPHAN F. JUN JANICE M. PETERSEN DONNA J. STAFFORD TOMORROW MARK N. COPENHAVER KEVIN T. KALANTA ALAN F. PHILIPPI MARK E. STANLEY WILLIAM F. CORDS MARY A. KASPRZAK TRAVIS M. PHILLIPS, JR. ROSS R.P. STEVENS Mr. GRASSLEY. Mr. President, if JOSEPH P. COSTELLO TIMOTHY R. KENNEDY JAMES T. PIBURN MARK A. STILES there is no further business to come be- CLAUDE J. COUCOULES BRIAN G. KERR CYNTHIA B. PICCIRILLI BRUCE A. STINNETT JEFFREY J.S. COX SIDNEY J. KIM GREGORY R. PORTER MARK E. STMORITZ fore the Senate, I now ask unanimous JUDITH A. COX THOMAS J. KIM MARK S. POSVISTAK PHILIP M. STOLL consent that the Senate stand in ad- DARRYL K. CREASY JOHN G. KING REBECCA J. POWERS BRUCE R. STRICKLAND RICHARD E. CROMPTON KATHERINE GEORGE A. PREGEL GREGORY F. STROH journment under the previous order. MIGUEL A. CUBANO KITSVANHEYNINGEN DAVID E. PRICE RITA M. SULLIVAN There being no objection, the Senate, LATANYA D. CHRISTOPHER H. KIWUS DAVID A. PRY KATHRYN A. SUMMERS DAVIDSONWILSON BARBARA A. KLUS FRANK A. PUGLIESE FAY Y. SUNADA at 6:28 p.m., adjourned until Thursday, DAVID A. DAVIES JOHN W. KNOWLES MICHAEL C. PUNTENNEY MARK V. SUTHERLAND June 24, 1999, at 9:30 a.m. BRENDA DAVIS BRADLEY S. KOCH TERENCE S. PURCELL ELIZABETH A. SWATZELL CHRISTIAN C. DECKER PETER E. KOPACZ DWIGHT L. PURVIS SUSAN L. SWINEHART THOMAS J. DELANEY MARK P. LAMBRECHT MELISSA QUINONES JAMES H. TARVER f CAROLINE V. DELIZO ALLEN H. LAMSON ALFREDO E. RACKAUSKAS GEORGE E. TAYLOR II JOHNNY M. DENHAM FREDERICK J. LANDRO LISA H. RAIMONDO STEPHEN D. TELA NOMINATIONS EDWARD D. DIGGES JOHN J. LANDRY HARVEY E. RANARD, JR. PAUL D. THAYER ANNE M. DIGGS MICHAEL W. LANGSTON DAVID RANDALL ROBERT W. THERRIAULT Executive nominations received by SUSAN E. DIONNE JAMES W. LANTRY, JR. DOMINICK A. RASCONA GLENN F. THIBAULT KAREN A. DIRENZO TIMOTHY S. LANTZ MITCHELL J. READING MICHAEL A. THOMPSON the Senate June 23, 1999: JEFFREY D. DISNEY THERESA M. LAVOIE KEVIN J. REED SCOTT R. THON HENRY V. DOBSON, JR. RUSSELL S. LAWRY SCOTT R. REICHARD JEFFREY W. TIMBY COMMODITY FUTURES TRADING COMMISSION STEVEN W. DOLLASE BRYCE E. LEFEVER GINGER B. RICE DAVID I. TINDLE RONALD F. DOMMERMUTH JAMES C. LEIBOLD LEE P. TOCCHI WILLIAM J. RANIER, OF NEW MEXICO, TO BE CHAIRMAN JOHN D. RICE II LISA J. LEIBY CARLA G. TOLBERT OF THE COMMODITY FUTURES TRADING COMMISSION, JAMES V. RITCHIE CATHARINE H. DUGGAN BETH E. LEINBERRY SANDRA S. TOMITA VICE BROOKSLEY ELIZABETH BORN, RESIGNED. KENNETH J. RODES MITCHELL DUKOVICH DAVID LEONARD GEORGE L. TRASK WILLIAM J. RANIER, OF NEW MEXICO, TO BE A COMMIS- PAUL M. ROSE KENNETH C. EARHART THOMAS J. LEONARD CATHERINE E. TURNER SIONER OF THE COMMODITY FUTURES TRADING COMMIS- DEREK K. ROSS LEE G. EBERT HERMAN G. LEONG EDWIN D. TURNER SION FOR THE TERM EXPIRING APRIL 13, 2004, VICE ANTHONY M. ROWEDDER ELAINE C. EHRESMANN RUPERT F. LINDO ANN M. UETZ BROOKSLEY ELIZABETH BORN, RESIGNED. LISA M. ROYBAL JAMES K. ELLIS MICHAEL LIPSKI WILLIAM J. UPHAM RENDELL R. ROZIER DEPARTMENT OF LABOR HELENA G. ELY EDWIN T. LONG CHRISTIAN E. VALLE GIACINTO F. RUBINO ROBERT G. FAHEY ARTURO A. LOPEZ GENE A. VANDERVORT DANIEL J. RYAN IRASEMA GARZA, OF MARYLAND, TO BE DIRECTOR OF KAREN FALLON LOUISE A. LOY KARL F. VANORDEN THE WOMEN’S BUREAU, DEPARTMENT OF LABOR, VICE DAVID P. FAULK WILLIAM H. LYNCH MORGAN T. SAMMONS HENRY B. VILLAREAL KAREN BETH NUSSBAUM, RESIGNED. EDMOND F. FEEKS JOHN F. LYNN GUY R. SANCHEZ ROBERT C. VOGLER, JR. T. MICHAEL KERR, OF THE DISTRICT OF COLUMBIA, TO MATTHEW S. FEELY MARK R. MALEBRANCHE SUSANNE M. SANDERS MICHAEL R. WAGNER BE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, JAMES P. FLINT KENNETH J. MAMOT PATRICK A. SANDERSON MICHAEL H. WALLNER DEPARTMENT OF LABOR, VICE MARIA ECHAVESTE, RE- DAVID W. FLOYD CHRISTOPHER J. MANN ADAM R. SAPERSTON BRIAN D. WATKINS SIGNED. KEVIN F. FLYNN CAMERON A. MANNING WALTER SAWHER III DAVID M. WATT THOMAS J. SAWYER IN THE ARMY JERRY A. FORMISANO, JR. EMILIO MARRERO, JR. BRYAN J. WEAVER KIRK A. FOSTER SHARI E. MARSH EILEEN SCANLAN DAVID K. WEIL THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAVID P. FOWLER ROBERT W. MARSHALL STEVEN R. SCHARPNICK DENTON D. WEISS THE UNITED STATES OFFICERS FOR APPOINTMENT TO LINO L. FRAGOSO LESLIE D. MARTIN DAVID A. SCHAUER WILLIAM H. WELLMAN THE GRADE INDICATED IN THE RESERVE OF THE ARMY LAFRANCIS D. FRANCIS TAMARA C. MARTIN ROBERT M. SCHLEGEL BRIAN L. WENGER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DAVID J. FRYAUFF JEFFREY MARTINEZ MARK A. SCHMETZ DANIEL G. WHALEN STEVEN M. GALESKI MICHAEL MATHIEU PHILIP SCHOENFELD ROBERT C. WHEATLEY To be colonel EDDIE A. GARCIA CLIFFORD M. MAURER JAMES M. SCHOFIELD THOMAS J. WHEATON RICHARD L. SCHROFF GEORGE D. LANNING THERESA S. GEE NICHOLAS MAZZEO CHARLES K. WILSON STEPHEN R. SHAPRO ANDREW W. SHATTUCK SUSAN M. GIANINO JENNIFER B. MC COY SHARON K. STERLING S. SHERMAN RAYMOND L.G. TAIMANGLO PATRICK J. GIBBONS GEOFFREY MC CULLEN WINKLERPEISER ALEXANDER SHIN DAVID T. YOHMAN ROBERT J. GIBBS SHARON M. MC DONALD JEFFERY S. WOLFE ROBERT SIMPSON GREGORY J. ZANETTI EDUARD GONZALEZ K NIEMANTSVERDRIET MICHAEL J. WOLFGANG VIDAL E. GONZALEZ MC DONALD EUGENE F. SMALLWOOD, CLIFTON WOODFORD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT A. GOODMAN ROBERT J. MC GARRITY JR. SUSAN W. WOOLSEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY WALTER A. GRAUER JOHN R. MC KONE II CHARLOTTE D. SMITH DAVID G. WRIGHT UNDER TITLE 10, U.S.C., SECTION 624: LINDA K. GREENE NEAL P. MC MAHON DANIEL J. SMITH PAUL R. WRIGLEY To be commander JEFFREY S. GRIFFITH MICHAEL B. MC PEAK DAVID P. SMITH, JR. ELLIOTT C. YODER STEVEN L. GRIFFITTS LISA K. MC WHORTER BRIAN D. SMULLEN THOMAS R. YOUNG MICHAEL K. ABATE WILLIAM S. BOWMAN SANGSOO J. GRZESIK GRETCHEN A. MEYER KELLY R. SNOOK JOSEPH B. YUDISKI, JR. BRADFORD E. ABLESON WILLIAM P. BRADLEY JASON E. GUEVARA CARY H. MEYERS KEITH E. SONNIER DARLENE V. ZECKSER JOSEPH ACEVEDO KENNETH W. BRANCH KEITH B. GUSTAFSON KATHLEEN A. MICHEL TIMOTHY C. SORRELLS GREGG W. ZIEMKE DON C.B. ALBIA DOUGLAS F. BREWSTER PAUL HAMMER JOHN F. MILLER THE FOLLOWING NAMED OFFICERS FOR ORIGINAL REG- ANGELA M. ALSBERRY KENNETH J. BRINSKO MARK E. HAMMETT JACK Q. MILLS ULAR APPOINTMENT AS PERMANENT LIMITED DUTY OF- JAMES K. AMSBERRY GARY A. BROADWELL JAMES W. HANSEN KURT S. MILSON FICERS TO THE GRADE INDICATED IN THE UNITED CHARLES J. ANDERSON JOHN E. BROWN STEFFANI H. HANSEN Y. D. C. O. E. MINOSO STATES MARINE CORPS UNDER TITLE 10, U.S.C., SEC- NILS ANDERSON WALTER M. BROWN, JR. JEFFREY M. HARDIN JOHN D. MITCHELL TIONS 531 AND 5589: JAMES M. ANDREANO JOHN P. BROWNING ROBERT R. HARFORD PAUL MITCHELL ROBERT E. ANDRES JOSEPHINE BRUMIT DAVID M. HARMATZ STEVEN W. MOLL To be captain DIANNE A. ARCHER CRAIG E. BUCHMANN DAVID W. HARRIS II KENNETH R. MONTGOMERY LUISITO J. AREVALO ROBERT H. BUCKLEY GAIL L. HATHAWAY RANDALL W. MOORE DAVID J. ABEL CALVIN L. HYNES THOMAS C. ARMEL BONNIE A. BULACH CYNTHIA L. HEINS THOMAS K. MOORE JENNIFER A. ALRIDGE EDWIN N. LLANTOS MICHAEL J. ARNOLD CARRIE L. BURGER JOHN J. HEINZEL ANDREW S. MORGAN CHRISTOPHER J. AMBS ERIC R. MC BEE MARIE A. AUBINKELLY JOHN B. BURGESS, JR. DAVID H. HELLMAN TIMOTHY M. MORGAN CHARLES W. ANDERSON JOHN M. MC KEON EUNICEA S. AUGUSTUS TIMOTHY W. BURNS JOSEPH P. HENNESSY DAVID K. MORRIS RANDALL C. BAKER BRET M. MC LAUGHLIN VINCENT G. AUTH BARBARA A. BURR ERIC HERBERT ALAN L. MORRISON THOMAS E. BLAKE CHARLES S. MORROW, JR. GARY L. BAKER LOURDES E. BURTH RENE S. HERNANDEZ BRET J. MUILENBURG RICHARD A. BOWERS JUAN J. NAVARRO, JR. M. K. BALDWIN BARBARA K. BUTLER JENNIFER S. HEROLD DREW K. MULLIN JOHN W. BRADWAY, JR. CHRISTOPHER RAMSEY KATHRYN A. BALLANTYNE ROBERTO J. CABASSA CRAIG L. HERRICK ROBERT J. MULVANNY TRACY G. BROOKS MANUEL RANGEL, JR. MICHAEL J. BANGS DONALD B. CAMPBELL, JR. CYNTHIA J. HILL CRAIG M. NEITZKE LOUANN RICKLEY RONALD J. BRUEMLEVE, JEFFREY R. BAQUER JOHN W. CAMUSO DEBORAH L. HILL YVES NEPOMUCENO JEFFREY P. RUPPERT JR. JAMES M. BARNARD PHILIP J. CANDREVA BRUCE R. HILT LINDA K. NESBIT MOSES P. SALDANA, JR. MICHAEL F. CAMPBELL WILLIAM M. BARNETT JESUS V. CANTU JAMES D. HOAG AN B. NGUYEN JERRY B. SCHMIDT FRANK M. CHURCHILL JOANN BASLER DOUGLAS N. CARBINE SCOTT H. HOLDEN, JR. PAUL F. NICHOLS EDWARD L. SCOTT, JR. DEBRA D. JAMES L. CARUSO RAYMOND J. HOOD DAYNE E. NIX KYLE T. DEBOER WILLIAM M. SIMONS BASSETTMITCHELL ROBERT A. CARUSO, JR. DIANE L. HOOVER CURTIS OLLAYOS ROMEO DELOSSANTOSCOY, JOSEPH G. SINESE GREGORY M. BEAVERS DAVID W. CASH JAMES H. HOOVER RONALD L. OLSON JR. STEVEN J. SKIRNICK STEPHEN S. BELL DAVID CASTELLAN JEFFREY C. HORTON EDGAR P. O’NEILL LAFE B. ELLIOTT JEFFREY W. SMITH IOANA BETTIOS GREGG A. CERVI CYNTHIA W. IZUMIYA DENNIS P. O’REAR KEITH E. ENYART PAUL J. SMITH JOSEPH E. BIRON ROBERT J. CHAMBERLAIN JASON A. JACKSON KENNETH J. O’ROURKE JEFFREY A. FULTZ ROGER D. SMITH RONALD L. BLACK ALEXANDER C. CHAVEZ MOORE H. JAN WILLIAM A. OSTER ROBERT D. GINGRAS MATTHEW E. SUTTON GREGORY S. BLASCHKE ROBERT W. CHENIER CARLOS V. JARAMILLO DEAN A. PAGE WILLIAM P. GORDON TROY A. TYRE JEFFREY P. BLICE RUTH A. CHRISTOPHERSON JANET R. JENISTA ROSEMARIE J. PARADIS PHILIP W. GRAHAM DOUGLAS E. WEDDLE PETER C. BONDY JEFFREY B. COLE CHRISTOPHER J. JENNINGS ANDREW PARSONS CARLTON D. HAGANS RALPH L. WHIPKEY, JR. DOUGLAS S. BORREBACH ROBERT W. COLE, JR. EVAN K. JOHNSTON JOSEPH PASTERNAK RONALD P. HEFLIN JOE S. WOLFE SHIRLEY M. BOWENS TIMOTHY P. COLLINS DOUGLAS A. JONES PHILIP W. PERDUE JOHN E. HEIN WILLIAM E. WOODALL, JR. ERIC A. BOWER JEFFREY A. CONWELL JAMES W. JOSLYN WILLIAM G. PERDUE, JR. RICHARD A. HILL RAYMON ZAPATA, JR.

VerDate Sep 11 2014 09:39 Nov 19, 2019 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 9801 C:\SSN-OUT\NEW-REC-FILES\S23JN9.REC S23JN9 ejoyner on DSKJLYS7X2PROD with BOUND RECORD June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13979 HOUSE OF REPRESENTATIVES—Wednesday, June 23, 1999

The House met at 10 a.m. conservationists, bird hunters, bird It turns out that poor Southerners The Chaplain, the Reverend James watchers and other outdoor are more likely than almost anyone David Ford, D.D., offered the following recreationists have all the rights to use else to be audited by the IRS. Why do prayer: that public land as well, and they all you think this is? Well, of course, one Of all the gifts that You so gener- have the right to pull the lever on the reason is because there is rampant ously have given, O God, we are appre- voting booth. abuse, truly massive abuse in the ciative of the gift of friendship. For To make matters worse, the Presi- earned income tax credit program and those who support us all the day long dent’s own Cabinet is acknowledging the IRS is perfectly correct in going and for those whose kindness and con- the recklessness of this proposal. Sec- after tax cheats who are ripping off cern help us meet the challenges of the retary Bruce Babbitt is quoted as say- their fellow Americans. day, we offer these words of thanks- ing, ‘‘We have switched the rules of the The problem is that there is another giving and praise. May each of us learn game. We are not trying to do anything reason why poor Southerners are being to support each other with respect and legislatively.’’ targeted. That reason is more sinister appreciation, with trust and faith and The implication is clear. If Congress and it is a reason the IRS does not with that bond of love that stands all does not pass the laws that the Presi- want to talk about. the tests of time. May Your blessing, O dent wants passed, then he will make The poor do not have the resources to God, be with us now and evermore. his own laws through regulation, exec- defend themselves against an army of Amen. utive orders and policy directives. IRS lawyers. Therefore, I ask my colleagues to f So here we have the United States help stop this abuse of executive power, Government embarked on a deliberate THE JOURNAL protect our constitutional rights as policy to take advantage of the weak The SPEAKER. The Chair has exam- Members of Congress and support H.R. and vulnerable just struggling to get ined the Journal of the last day’s pro- 1487, the National Monument NEPA by, barely making it to the next pay- ceedings and announces to the House Compliance Act. day. his approval thereof. f I think that is wrong. Pursuant to clause 1, rule I, the Jour- PATIENTS’ BILL OF RIGHTS nal stands approved. f (Mr. CUMMINGS asked and was f given permission to address the House MANAGED CARE DISCHARGE PLEDGE OF ALLEGIANCE for 1 minute.) PETITION Mr. CUMMINGS. Mr. Speaker, sadly, (Mr. GEPHARDT asked and was The SPEAKER. Will the gentleman over 50 percent of Americans believe given permission to address the House from Michigan (Mr. KILDEE) come for- that with managed care the quality of for 1 minute and to revise and extend ward and lead the House in the Pledge health care has declined. They feel his remarks.) of Allegiance. powerless and unprotected. Mr. KILDEE led the Pledge of Alle- The solution? A Bill of Rights. Mr. GEPHARDT. Mr. Speaker, in- giance as follows: Our Nation’s forefathers were con- stead of addressing the crisis of health I pledge allegiance to the Flag of the cerned about the government becoming care in our Nation, we keep finding ex- United States of America, and to the Repub- unresponsive to the will of the people, cuse after excuse to block progress on lic for which it stands, one nation under God, so they enacted citizen protections and this issue. indivisible, with liberty and justice for all. guarantees. Today, managed care has Let us stop the delay. We have a road f become unresponsive to the will of our map for reforming HMO care, the Democratic Patients’ Bill of Rights. ANNOUNCEMENT BY THE SPEAKER Nation’s patients. Lack of access to medical care or prescription drugs, in- There is not a one of us who would The SPEAKER. There will be 15 one- ability to determine when medical care choose an MBA over an M.D. when it minutes on each side this morning. is necessary, and inability to seek legal comes to our family’s medical health, f redress on medical decisions. but that is exactly what has happened to our health care system. We have SUPPORT H.R. 1487, NATIONAL Enactment of a Patients’ Bill of Rights is ripe. As lawmakers, it is our taken the power away from those who MONUMENT NEPA COMPLIANCE know and care about saving lives and ACT duty. Let us adopt our forefathers’ in- sight, renew our citizens’ sense of em- we have given it to people whose pri- (Mr. GIBBONS asked and was given powerment in their health care, and ority is simply making money. permission to address the House for 1 pass a Patients’ Bill of Rights. It needs to change, and that change minute and to revise and extend his re- can begin today. f marks.) I ask every Member on both sides of Mr. GIBBONS. Mr. Speaker, the IRS TARGETS POOR SOUTHERNERS the aisle to join me in signing this pe- Washington Times has reported that (Mr. PITTS asked and was given per- tition to make sure that the needs of the Clinton administration is planning mission to address the House for 1 America’s families are not pushed to ban public use on 5 million acres of minute and to revise and extend his re- aside yet again, and to make sure we public land before the 2000 presidential marks.) fulfill our responsibility to working election. Mr. PITTS. Mr. Speaker, every day families and prevent them from wor- Now, why would this President deny there seems to be a new horror story rying about whether their children will Americans the right to use their public coming out of the IRS. I sort of feel get the care they need and deserve for lands? Well, the Times says it is to woo like David Letterman, because the sto- another year. environmentalists. ries I have to tell are so implausible, so Let us stop the obstruction, let us Do I need to remind the President hard to believe, that I should probably sign the petition, and let us get to that not just environmentalists but say, ‘‘I’m not making this up.’’ work.

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

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 13980 CONGRESSIONAL RECORD—HOUSE June 23, 1999 KHRUSHCHEV’S SON WILL NOT Mr. TIAHRT. Mr. Speaker, there is a about would be shocked to learn that VOTE DEMOCRATIC battle going on in this country, a fierce big-spending politicians consider them (Mr. SCHAFFER asked and was given struggle between two opposing forces, rich. permission to address the House for 1 each of enormous strength. Take, for example, a young married minute and to revise and extend his re- The battle is between the greedy couple earning $72,000 a year. This cou- marks.) hand of big government and the people. ple falls into the top 10 percent of tax- Mr. SCHAFFER. Mr. Speaker, last Individual liberty is at stake. paying households and would surely be month the previous speaker suggested On one side stands the defenders of branded as greedy and undeserving of Congress raise taxes and lower our na- the greedy hand of big government, the any tax relief by the rhetorical rants tional defense. Last week, the head of liberals in Congress. On the other side coming from the left side of the aisle. the Democrat Congressional Campaign stands the defenders of individual lib- Mr. Speaker, this is demagoguery, it Committee said Democrats have writ- erty, the Republican Party. is disingenuous, and it is not true. I ten off rural America in the 2000 elec- One side defends the greedy hand of would hope it would come to an end. I tion. What could be next? big government at every turn, every implore my Democratic colleagues to According to the Washington Post, day, on every bill, on every bureau- stop their misleading tactics and join Nikita Khrushchev’s son, Sergei Khru- cratic decision. The other side strains the Republican Party’s majority effort shchev, becomes a United States cit- mightily to provide tax relief for work- to provide an across-the-board tax cut izen today after living in the United ing Americans and resists the siren call to every American who pays Federal States for 8 years. of the Washington politicians who income taxes. Now, before my Democrat friends cel- claim that big government is the an- f ebrate another socialist joining their swer to all our problems. ranks, consider this. Mr. Khrushchev Does anyone doubt the truth of this? MANAGED CARE REFORM says, ‘‘I will not vote for Democrats. It If so, who on the other side will step (Ms. EDDIE BERNICE JOHNSON of is too dangerous now for the country.’’ forward and refute them? Who on the Texas asked and was given permission At a time when even the children of other side will denounce the greedy to address the House for 1 minute and Communists have rejected the Demo- hand of big government and voice this to revise and extend her remarks.) crats as too dangerous, the American support for individual liberty through Ms. EDDIE BERNICE JOHNSON of people are preparing another message tax relief and against the forces which Texas. Mr. Speaker, as we stand here for them in the 2000 election: ‘‘We will erode our liberty with each passing this morning, we know that we are in bury you.’’ day? the greatest country in the world. We f f have been responsible for finding all kinds of interventions for our health MANAGED CARE REFORM INTERNATIONAL TRADE LAW VIO- LATIONS COST 10,000 STEEL- care, and we enjoy the best skill and (Mr. DOGGETT asked and was given WORKER JOBS best knowledge in the world for health permission to address the House for 1 care. minute.) (Mr. TRAFICANT asked and was Yet American people do not have ac- Mr. DOGGETT. Mr. Speaker, some of given permission to address the House cess to that care, the care that they us think the problem is that too many for 1 minute and to revise and extend have paid for through their tax dollars people across America are being bur- his remarks.) for the research. And yet we beg now ied, buried unnecessarily because they Mr. TRAFICANT. Mr. Speaker, over and plead with the HMOs and the man- have been managed out of their man- 10,000 steelworkers have lost their jobs aged care insurance to allow people to aged health care. because Japan, Russia, South Korea have access to just basic health care. We gather here today to sign a peti- and China are violating international They need access to just needed care. tion to discharge from a Republican trade laws. And after all of that, the They do not want to be treated one- committee stranglehold a bill of rights White House says, America will not size-fits-all. for health care consumers. We gather violate international trade laws, and Whether you are 7 or 70 in this coun- to discharge this vital legislation be- the White House has helped to kill the try under HMOs, if you have got a cer- cause the Republican leadership has import steel quota bill. tain diagnosis, you all get treated the failed to discharge its responsibilities Beam me up, Mr. Speaker. There is same. That does not address individual to the American people. not one citizen of Japan, Russia, China needs. Doctors need the freedom to For too many folks, managed health or South Korea that voted for this practice the art and the science that care just means being managed out of White House crew. Nearly 99 percent of they have learned and that they are ca- the care that they need. Under our bill, those steelworkers who lost their job pable of doing. They do not have that physicians will be able to provide the voted for that White House crew. right under our present system. They best quality health care available rath- I think it is time that Uncle Sam re- are pushed out on the line and given in- er than having some clerk be rewarded quires everybody to heed the law, but if structions by the HMOs, and yet the for denying care with a bonus. they are going to break it, by God, we HMOs do not even want to be respon- The Republican leadership has served should impose strict import quotas. sible for what they tell the physicians the insurance industry very well in I yield back any manufacturing jobs to do. blocking this bill. We believe it is time still left in our country. It is time for change. The American to discharge it for floor action, time to f people are calling for it. serve America’s health care consumers, TIME FOR A TAX CUT not the insurance lobby and the HMOs f that are denying Americans the qual- (Mr. KNOLLENBERG asked and was b 1015 ity of care and the rights that they de- given permission to address the House FREEDOM FOR EDUCATION serve. for 1 minute and to revise and extend f his remarks.) (Mr. FOSSELLA asked and was given Mr. KNOLLENBERG. Mr. Speaker, permission to address the House for 1 BATTLE BETWEEN CONGRES- time and time again my liberal friends minute and to revise and extend his re- SIONAL LIBERALS AND REPUB- march down to the well of the House to marks.) LICAN PARTY rail against tax cuts for the rich. Iron- Mr. FOSSELLA. Mr. Speaker, the es- (Mr. TIAHRT asked and was given ically, their misleading rhetoric never sence of America, as we all know, is permission to address the House for 1 includes a definition of what con- freedom, but somehow, that does not minute and to revise and extend his re- stitutes being rich. This is because apply to education. Because the door marks.) many of the people they are talking slams shut on so many parents across

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13981 this country when they want to have minute and to revise and extend his re- minute and to revise and extend his re- the freedom to choose the best edu- marks.) marks.) cation possible for their children. Mr. COOKSEY. Mr. Speaker, I am a Mr. HERGER. Mr. Speaker, today is Too often, too many Federal dollars physician. Thirty years ago when I fin- day number 63 of the latest hostage cri- are wasted here in Washington and not ished medical school, most of the pa- sis. It is a hostage crisis that is not enough spent back home in Staten Is- tient’s care was in-patient, and most of getting much attention in the main- land and across this country where the the pharmaceutical benefit was in-pa- stream media, but it has grave implica- parents and the teachers, the local tient. Today, 25 percent of the cost of tions for current and future retirees communities know better how to spend health care for Medicare patients is the nonetheless. their funds. pharmaceutical benefit. This is because Since April 21 of this year, Demo- Well, the Republican Party recently most of health care for seniors and for crats in the other body have blocked a is embarking on a path towards free- everyone else is carried out on an out- Herger lockbox proposal, refusing to dom when it comes to education, and patient basis today. allow it to even come to a vote. that is to allow States the opportunity I feel that Medicare patients need What is being held hostage is legisla- and local communities to spend the some help with their pharmaceutical tion to create a Social Security money as they see fit. Can anyone in benefits. The truth is, two-thirds of lockbox; in other words, legislation to this country acknowledge that the Medicare patients already have a ben- create a safe deposit box that would folks here in Washington are in a bet- efit. This two-thirds of the Medicare put an end to the time-honored prac- ter position to spend the money on population does not need a pharma- tice in Washington of raiding the So- education than back home where they ceutical benefit. That leaves one-third cial Security Trust Fund whenever are? Where the parents and teachers who, in many cases, have high expenses politicians want to expand government. and administrators are? I think not. for their pharmaceutical costs and des- Republicans in the House of Rep- Mr. Speaker, let us support freedom perately need some help with their resentatives have passed Social Secu- for education. Let us support the op- Medicare benefits. Medicare needs an integrated system rity lockbox legislation. We want to portunity to send Federal money back with Medicare that will pay for these protect the Social Security Trust Fund home across America, and not be wast- benefits. We have the best pharma- from further raids. The other side is ed here in Washington. ceutical industry in the world. We do adamantly against it. Once we get into f not need to put them under the bu- the habit of raiding a cookie jar, it is MANAGED CARE REFORM reaucracy. awfully tough to quit. It is time to end Mr. Speaker, this Republican sup- the hostage crisis and free the Social (Mr. GREEN of Texas asked and was ports a Medicare benefit for pharma- Security lockbox and protect seniors given permission to address the House ceuticals. from more raids on the Social Security for 1 minute and to revise and extend Trust Fund. his remarks.) f Mr. GREEN of Texas. Mr. Speaker, IMPROVING AMERICANS’ ACCESS f the gentleman from Colorado that said TO HEALTH CARE FEDERAL RESERVE SHOULD NOT he would bury us as Democrats, I guess (Ms. WOOLSEY asked and was given RAISE INTEREST RATES going on their experience, they buried permission to address the House for 1 (Mr. HINCHEY asked and was given managed care reform for 2 years, so minute and to revise and extend her re- permission to address the House for 1 they have that kind of experience. marks.) minute and to revise and extend his re- Let me talk this morning about some Ms. WOOLSEY. Mr. Speaker, first it marks.) ads that are in the Washington publica- was campaign finance reform, then it Mr. HINCHEY. Mr. Speaker, last tions that talk about how the Dingell was gun safety and school violence, week, the Chairman of the Federal Re- bill will be more expensive. Well, let now it is health care reform. There is serve Board appearing before the Joint me give my colleagues the Texas expe- an unfortunate pattern taking place Economic Committee hinted broadly rience. We have had managed care re- here with the Republican leadership. that the Federal Reserve is about to form in Texas for 2 years and the rea- On issue after issue, issues that are im- raise short-term interest rates. It son it is going to be more expensive is portant to the people, the Republican would be a serious mistake for them to that they are going to have to start leadership uses its power to stomp out do so. paying claims. They have lost half of real discussion. When asked why it was necessary to the appeals process, so I would much Fortunately, we have an alternative, raise interest rates at this time, the rather have better than a flip-of-the- and that is the discharge petition, and Federal Reserve Chairman was at a coin odds if I am going to managed we are signing it here today. Demo- loss to give a good reason. The only care for health care. crats have been waiting for 2 years to reason he could point to was that un- Mr. Speaker, a 500 percentage may be pass the Patients’ Bill of Rights, and employment was now at about 4 per- great if one is a baseball player who today we step forward to improve cent, and they felt that that was too will be making $10 million, but when Americans’ access to health care. Let low. one is deciding whether one is going to us not be fooled by breaking last year’s To raise interest rates now would have adequate health care, I would sham bill into eight pieces. The Repub- choke off the kind of economic rather have a better percentage than a lican leadership wants health care re- progress that we have been enjoying flip of the coin. They are actually form to be in small pieces. This will for the last several years; and, it would going to have to pay those claims. not sell. The American Medical Asso- create a situation whereby people who We need a real patients’ bill of rights ciation says that the Republican pack- are just now beginning to benefit from that has everything in it: account- age of bills falls short of the mark and this economic circumstance would be ability, access to specialists, a real ap- it does not solve any of the problems of deprived of the ability to do so. peals process, and no gag rules and doctors and patients. Wages and benefits of the average medical necessity. That is why I do not It is time to put doctors and their pa- working people are now just beginning think they are going to have the expe- tients back in charge of health care re- to go up over the course of the last rience in burying this bill any more. form. couple of years. The Federal Reserve f f would cut that off. People who have not been able to find a job up until now PHARMACEUTICAL BENEFITS FOR FREE SOCIAL SECURITY LOCKBOX are working. The Federal Reserve MEDICARE PATIENTS LEGISLATION would cut that off. (Mr. COOKSEY asked and was given (Mr. HERGER asked and was given It is a mistake to raise short-term in- permission to address the House for 1 permission to address the House for 1 terest rates, and we need to make it

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 13982 CONGRESSIONAL RECORD—HOUSE June 23, 1999 clear to the Federal Reserve that they petition on the patients’ bill of rights. for real managed care reform to be ought not do so. It is almost the first of July. The im- brought to the House floor imme- f portant part of the session is almost diately, because the Republican leader- behind us, and all that we really are ship will not bring that bill to the floor NATIONAL IDENTIFICATION CARD going to have time on from now on is of the House. BAD IDEA FOR AMERICA to address budget appropriation and This petition calls for a very, very (Mr. PAUL asked and was given per- spending matters. simple set of comments: the ability to mission to address the House for 1 Mr. Speaker, I urge my colleagues to choose one’s own doctor, an easy thing minute and to revise and extend his redo something that the American people to grasp on to, guaranteed access to marks.) want. Sign the discharge petition and emergency rooms, guaranteed access to Mr. PAUL. Mr. Speaker, the Amer- support the patients’ bill of rights. specialty care. Freedom from gag rules to prevent doctors from offering care, ican people strongly oppose the insti- f tuting of a national identification card. and the ability to hold HMOs account- The authority was given for a national PUTTING POLITICS BEFORE OUR able. I.D. card in 1996. I have been working CHILDREN Mr. Speaker, I urge my colleagues to very hard to try to repeal this author- (Mr. KINGSTON asked and was given sign on to the discharge petition. The ity. permission to address the House for 1 families of this country should be able Today, we would have had an oppor- minute and to revise and extend his re- to make their medical decisions free tunity under the transportation bill to marks.) from the heavy hand of HMO account- repeal this authority and to prevent a Mr. KINGSTON. Mr. Speaker, as a fa- ants. Let us sign our names today and national I.D. card from coming into ex- ther of four, I was very disappointed in support a real patients’ bill of rights. istence. the White House’s behavior last week f Unfortunately, that will not be per- and many of the Democrat leadership SUPPORT MANAGED CARE mitted, due to the rule that is coming Members in the House. We had a gun REFORM up for the transportation bill. I think control debate. We had a good debate (Mrs. JONES of Ohio asked and was this is a serious mistake. It is not just on juvenile justice, and we agreed, ulti- given permission to address the House 30 or 40 or 50 percent of the American mately, on four out of five key issues. for 1 minute and to revise and extend people who reject a national I.D., but Included in that was closing the loop- her remarks.) almost all Americans reject this idea. I hole for gun shows, stricter enforce- Mrs. JONES of Ohio. Mr. Speaker, find it a shame that we are not able to ment, stricter penalties that involved last week, our children and families vote on the repeal authority. guns, trigger locks, and yet, because it were denied protection from guns. This It was never intended that the Social was not exactly what the White House week, and for 2 years, we have been de- Security number would be the uni- and the Democrat leadership wanted, nied protection from managed care. We versal, national identifier. It is given they put politics over children and have been denied a patients’ bill of to a child at birth and one cannot even torpedoed the bill, killed it, voted it rights. be buried without it. So the national down, and now we have nothing. I promised the people of the 11th Con- I.D. card, when instituted, will be used In the political body, something is al- gressional District of Ohio that when I for everything: To get on an airplane, ways better than nothing if we want to got to Congress, I would work for a pa- to get a job, open up a bank account; advance the cause, but it is just obvi- tients’ bill of rights and campaign fi- whatever we want to do, we will have ous that politics count more than chil- nance reform. to show our papers. dren’s safety. As a father, I take off my b 1030 This is un-American. It is something Republican hat and I say, I regret it as that we should not be doing, and unfor- a parent. I am chagrined, however, that I have tunately, we will not get to vote on it Something is going on out there with not had the opportunity to debate today. our children. We need to look at all as- these two issues. This is the second discharge petition I have had to sign. Over f pects of the pop culture. Is it the violent video games? Is it the fact that 122 million Americans are not insured DISCHARGE PETITION FOR the average TV-viewing child has seen with enforceable patient protections HEALTH CARE REFORM 16,000 murders on TV by the time he is without a Federal Patients’ Bill of Rights. Over 5,960,000 persons in Ohio (Mr. DINGELL asked and was given 18 years old? Is it a problem in our alone are denied that protection. permission to address the House for 1 schools that maybe our classrooms are I rise with my colleagues, my Demo- minute and to revise and extend his re- too large? We should look at all of marks.) cratic colleagues, to sign this discharge those things. I am sorry that the White petition seeking a debate on a Pa- Mr. DINGELL. Mr. Speaker, I have House put politics over children. introduced a discharge petition today, tients’ Bill of Rights that will allow f patients access to needed care, allow number 3. I am urging all of my col- them to have doctors make a deter- leagues to join in signing it on both SUPPORT THE PATIENTS’ BILL OF mination with regard to their health sides of the aisle. RIGHTS care, and provide patients the oppor- The discharge petition provides for (Ms. DELAURO asked and was given tunity to appeal. essentially an open rule. It allows full permission to address the House for 1 opportunity for open debate, and it al- minute and to revise and extend her re- f lows full opportunity for amendment. marks.) EDUCATION It permits the minority to do what Ms. DELAURO. Mr. Speaker, for the (Ms. HOOLEY of Oregon asked and they feel is necessary, but it also past 2 years, the American public has was given permission to address the assures that my colleagues on the Ma- been very clear in its desire for man- House for 1 minute and to revise and jority side will have full opportunity to aged care reform. It has sent the same extend her remarks.) participate. consistent message time and time Ms. HOOLEY of Oregon. Mr. Speaker, There is no funny rule here, no cook- again that medical decisions should be I rise today on behalf of our Nation’s ing of the process. It is a full, open and made by doctors and patients and not children. Our children are being denied fair process, both with regard to the by insurance company bureaucrats. basic educational opportunities. amendment process and with regard to Yet, the Republican leadership foiled As a former teacher, I know one of the actual handling of time and other meaningful HMO reform in the last the most important challenges facing parts of the legislation. Congress, and they are stalling as we this country is improving our edu- I urge all of my colleagues on both speak. Today, congressional Democrats cational system. We need to expand op- sides to join in signing this discharge are signing a discharge petition calling portunities, set rigorous standards so

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13983 our children learn the basics before Guess what the Democrats are plan- Last year, protecting their special in- being promoted to the next grade. This ning to do with the surplus. Well, if the terests, they narrowly defeated the is crucial to our country’s social and statements by the President, the House real patient protections Democrats economic well-being. Minority Leader, and the Minority pushed to the floor. Then realizing that A talented and dedicated teacher Leader in the other body are any indi- we represented the views of Americans must be in every classroom. Creativity cation, we might be surprised to learn across this country, they put forth a and innovation in public education that what they want to do is take this watered down proposal to try to de- must be encouraged, while still holding surplus and raise taxes; Members have tract from the real issues. them accountable for results. Every heard that right, raise taxes, not cut Again this year Republicans are classroom and library should be con- them. doing the same thing. This discharge nected to the Internet so all students Many people in Washington are shak- petition should serve as a wake-up call can be computer literate and be pre- ing their heads over the recent state- to Republicans that Americans want pared for the 21st century. ments by Democratic Party leaders, real patient protections and they want Finally, we need to make sure our the gentleman from Missouri (Mr. GEP- it now. schools are healthy places to learn. HARDT) and Mr. DASCHLE. The gen- f Next week I intend to introduce legis- tleman from Missouri said earlier this REAL REFORM FOR THE TAX lation to improve air quality in our Na- month while in Ann Arbor, Michigan, CODE unbelievably, that he would consider tion’s school buildings based on an ex- (Mr. HEFLEY asked and was given isting Environmental Protection Agen- cutting defense and raising taxes in order to expand Washington’s role in permission to address the House for 1 cy program. Our children must have a minute and to revise and extend his re- healthy learning environment. our schools. Now we have a Democratic leader in marks.) Let us make the commitment not Mr. HEFLEY. Mr. Speaker, often- only to our children but also to the fu- the other body who stated on CNN’s Evans and Novak that tax increases times people come up to me and say, ture of this great Nation, and make the politicians are always talking education our number one priority. were ‘‘on the table.’’ I guess there is really no need to ask what a Democrat about reforming the Tax Code, getting f majority in Congress would mean. rid of the Tax Code, making it easier to file our taxes, but nothing ever SIGNING THE DISCHARGE PETI- f TION TO ALLOW DEBATE ON THE changes. How come that is? The short answer is that the special PATIENTS’ BILL OF RIGHTS ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE interests benefit from the Tax Code, (Mr. HOLT asked and was given per- The SPEAKER pro tempore (Mr. and the complexity of the Tax Code is mission to address the House for 1 KINGSTON). Members must be reminded a source of enormous government minute and to revise and extend his re- to not make reference to statements power. Thus, it would not be in the in- marks.) off the floor of Members of the other terests of anyone who wants to expand Mr. HOLT. Mr. Speaker, today many body. government power to change the Tax of us are signing the discharge petition Code in a more sane direction. to bring a Patients’ Bill of Rights to f Another reason is equally valid. It is the floor for free and open debate. I DEMOCRATS TAKE THE NEXT called Tax Code progressivity. Any at- know the American public want it. I STEP TOWARD REAL PATIENT tempt to change the Tax Code into certainly know my constituents want PROTECTIONS something that made sense, that actu- it. (Mr. MENENDEZ asked and was ally looked like it was designed on pur- They want a restoration of the doc- given permission to address the House pose, would be met with howls of pro- tor-patient relationship so that doctors for 1 minute and to revise and extend tests from the liberals. They would say can determine medical necessity, so his remarks.) it was unfair because it would under- that doctors and their patients can Mr. MENENDEZ. Mr. Speaker, today mine progressivity. make the medical decisions, so that Democrats take the next step in the A flat tax, one rate, meaning that health care plans are held accountable long, arduous road to real patient pro- the more you make the more taxes you for their medical decisions or lack of tections, despite the fact that Repub- pay, is already a system that is fair and that makes high earners pay their decisions. licans continue to construct road- fair share. A sales tax would also be I am certainly proud that I have able blocks to meaningful managed care re- to take the first legislative action in fair. form. In my view, if Members are against the Congress on the subject by intro- Republicans will claim that they are the flat tax or the sales tax, all the ducing in subcommittee an amendment moving managed care reform through talk about reforming the Tax Code is to hold health care plans accountable the committee process, but what they simply empty rhetoric. for their medical decisions. will not tell us is that these so-called The leadership has been holding the reforms lack meaning and enforce- f American public in the waiting room. ment. THE HOUSE MUST ADDRESS CER- This discharge petition will allow us to The American people deserve more TAIN DISTURBING TRENDS IN get out of the waiting room and get the than empty promises and rhetoric. GUN VIOLENCE health care that we Americans deserve. They deserve to choose their doctor. (Mr. BLAGOJEVICH asked and was f They deserve access to specialists. given permission to address the House They deserve to have doctors, not for 1 minute and to revise and extend WHAT A DEMOCRATIC MAJORITY health care bureaucrats, making their IN CONGRESS WOULD MEAN his remarks.) vital medical decisions. Most impor- Mr. BLAGOJEVICH. Mr. Speaker, (Mr. REYNOLDS asked and was tantly, they deserve legal remedies to among the disturbing trends in Amer- given permission to address the House hold their health plans accountable. ica relating to gun violence are those for 1 minute and to revise and extend The Democratic Patients’ Bill of loopholes where teenagers and crimi- his remarks.) Rights provides these guarantees. Re- nals can get guns at gun shows. This Mr. REYNOLDS. Mr. Speaker, not publicans are up to the same old tricks House has yet to address this issue. counting social security, the Congres- again this year. They will not even Another dangerous trend is the in- sional Budget Office or CBO projects an allow us to bring the Democratic Pa- creasing availability of military-style $824 billion in budget surpluses over tients’ Bill of Rights to a debate here weapons to the civilian market. Exam- the next 10 years. Again, that is not on the floor for the American people to ples of these are laser sights, high-ca- counting the temporary surplus in the listen and ultimately for all of us to pacity ammunition clips, and the 50- social security trust fund. vote on. caliber sniper rifle.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 13984 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Mr. Speaker, the 50-caliber sniper DEPARTMENT OF TRANSPOR- questions shall be 15 minutes. At the conclu- rifle is among the most destructive and TATION AND RELATED AGEN- sion of consideration of the bill for amend- powerful weapons available today. It CIES ACT, 2000 ment the Committee shall rise and report the bill to the House with such amendments fires armor-piercing ammunition. It Mr. REYNOLDS. Mr. Speaker, by di- as may have been adopted. The previous was designed to take out armored per- rection of the Committee on Rules, I question shall be considered as ordered on sonnel, helicopters, and concrete bunk- call up House Resolution 218 and ask the bill and amendments thereto to final ers. It was used in the Gulf War. It has for its immediate consideration. passage without intervening motion except a range of up to 4 miles. You can shoot The Clerk read the resolution, as fol- one motion to recommit with or without instructions. one of these from the Capitol and hit lows: The SPEAKER pro tempore (Mr. the Washington Monument with accu- H. RES. 218 racy. It is 5 feet long and weighs over HEFLEY). The gentleman from New Resolved, That at any time after the adop- York (Mr. REYNOLDS) is recognized for 28 pounds. You do not need it for hunt- tion of this resolution the Speaker may, pur- ing, yet you can buy it legally. It is 1 hour. suant to clause 2(b) of rule XVIII, declare the Mr. REYNOLDS. Mr. Speaker, for less regulated than handguns, and it house resolved into the Committee of the purposes of debate only, I yield the cus- ought to be available only if you are in Whole House on the state of the Union for tomary 30 minutes to the gentleman the military fighting a war. consideration of the bill (H.R. 2084) making appropriations for the Department of Trans- from Ohio (Mr. HALL), pending which I Mr. Speaker, this House must address portation and related agencies for the fiscal yield myself such time as I may con- this issue immediately. year ending September 30, 2000, and for other sume. During consideration of this res- purposes. The first reading of the bill shall olution, all time yielded is for purposes f be dispensed with. Points of order against of debate only. consideration of the bill for failure to com- Mr. Speaker, House Resolution 218 is ply with clause 4(c) of rule XIII or section an open rule that governs the consider- A TRIBUTE TO WILLIAM RONEY, A 401(a) of the Congressional Budget Act of 1974 TENNESSEE HERO, AND A PLEA are waived. General debate shall be confined ation of H.R. 2084, the Department of FOR CONGRESS TO DEBATE AND to the bill and shall not exceed one hour Transportation and related agencies PASS MEANINGFUL LEGISLA- equally divided and controlled by the chair- appropriations bill for the fiscal year TION man and ranking minority member of the ending September 30, 2000. Committee on Appropriations. After general The rule waives clause 4(c) of rule 13 (Mr. FORD asked and was given per- debate the bill shall be considered for requiring a 3-day availability of print- mission to address the House for 1 amendment under the five-minute rule. ed hearings on a general appropriations Points of order against provisions in the bill minute and to revise and extend his re- bill, and section 401(a) of the Congres- for failure to comply with clause 2 of rule sional Budget Act prohibiting consider- marks.) XXI are waived except as follows: page 10, line 16, through page 13, line 13; ‘‘Notwith- ation of legislation containing con- Mr. FORD. Mr. Speaker, I wanted to tract authority not subject to appro- rise and pay tribute to a young man in standing any other provision of law,’’ on page 13, line 16; ‘‘Notwithstanding any other priation against consideration of the my district, a hero in my district, Wil- provision of law,’’ on page 15, line 20; ‘‘Not- bill. liam Roney, who just recently on Sun- withstanding any other provision of law,’’ on day, June 20, alerted families in a Park page 17, line 14; ‘‘Notwithstanding any other b 1045 Estates apartment in East Memphis provision of law,’’ on page 18, line 4; ‘‘Not- The rule also provides for 1 hour of Park in my district of a fire that had withstanding any other provision of law,’’ on general debate to be equally divided be- developed and which eventually con- page 19, line 5; ‘‘Notwithstanding any other tween the chairman and the ranking sumed portions, large portions of the provision of law,’’ on page 19, line 25; ‘‘Not- minority member of the Committee on withstanding any other provision of law,’’ on building. Appropriations. page 25, line 9; ‘‘Notwithstanding any other In addition, the rule waives clause 2 Because of his actions, he certainly provision of law,’’ on page 32, line 8; page 50, of rule XXI, prohibiting unauthorized could have driven right by and made a lines 1 through 9; page 50, line 22, through page 51, line 12; and page 52, lines 1 through or legislative provisions in an appro- phone call, but he jumped out of his priations bill, against provisions in the car, knocked on doors, waved and 10. Where points of order are waived against part of a paragraph, points of order against a bill, except as otherwise specified in yelled, and got all the families out of provision in another part of such paragraph the rule. this building. It is my hope that those may be made only against such provision The rule waives clause 2 of rule XXI in my community will certainly pay and not against the entire paragraph. The against the amendment printed in the the type of respects and certainly amendment printed in the report of the Com- report accompanying this resolution, honor him in a way that he deserves. mittee on Rules accompanying this resolu- which may be offered only by a Mem- tion may be offered only by a Member des- I would say to my colleagues here in ignated in the report and only at the appro- ber designated in the report and at the the Congress, we have heard a lot of priate point in the reading of the bill, shall appropriate point in the reading of the talk this morning about guns and HMO be considered as read, and shall not be sub- bill, shall be considered as read, and reform and campaign finance. I would ject to amendment. Points of order against shall not be subject to amendment. hope my colleagues, particularly on the amendment printed in the report for fail- Mr. Speaker, the rule authorizes the this side of the aisle and even on my ure to comply with clause 2 of rule XXI are Chair to accord priority in recognition waived. During consideration of the bill for to Members who have preprinted their side of the aisle, would realize that all further amendment, the Chairman of the amendments in the CONGRESSIONAL we have really done in this Congress is Committee of the Whole may accord priority pass a bunch of suspension bills. We fly in recognition on the basis of whether the RECORD. back on Monday evenings and Tuesday Member offering an amendment has caused Further, the rule allows the Chair- evenings to vote on naming Post Of- it to be printed in the portion of the Con- man of the Committee of the Whole to fices and other Federal buildings. gressional Record designated for that pur- postpone votes during consideration of pose in clause 8 of rule XVIII. Amendments the bill, and to reduce votes to 5 min- HMO reform, people are crying out so printed shall be considered as read. The utes on a postponed question if the for it. Campaign finance reform, people chairman of the Committee of the Whole vote follows a 15-minute vote. are crying out for it. People want some may: (1) postpone until a time during further Finally, the rule provides one motion action on guns, maybe not what we consideration in the Committee of the Whole to recommit with or without instruc- want, maybe not what the other side a request for a recorded vote on any amend- tions. wants, but people want something. Let ment; and (2) reduce to five minutes the min- Mr. Speaker, this bill provides for the imum time for electronic voting on any post- us rise up and do what the American poned question that follows another elec- appropriations for the Department of people have elected us to do: not pass tronic vote without intervening business, Transportation and related agencies suspension bills, but pass meaningful provided that the minimum time for elec- for the fiscal year ending September 30, legislation. tronic voting on the first in any series of 2000.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13985 The underlying legislation represents In conclusion, I would like to com- Mr. Speaker, I have no additional an increase in safety measures and re- mend the gentleman from Florida (Mr. speakers, and I yield back the balance sources in every area of America’s YOUNG), chairman of the Committee on of my time. transportation system, from our air- Appropriations, and the gentleman Mr. REYNOLDS. Mr. Speaker, I yield ports and roads to bridges and rail- from Wisconsin (Mr. OBEY), the rank- back the balance of my time, and I roads. ing member, for their hard work on move the previous question on the res- The Committee on Appropriations this measure. olution. carefully looked into each area and de- I urge my colleagues to support this The previous question was ordered. termined how best to target our valu- rule and the underlying bill. The SPEAKER pro tempore (Mr. able transportation dollars for max- Mr. Speaker, I reserve the balance of HEFLEY). The question is on the resolu- imum efficiency and safety. my time. tion. H.R. 2084 urges our transportation Mr. HALL of Ohio. Mr. Speaker, I The question was taken; and the agencies to set priorities for competing yield myself such time as I may con- Speaker pro tempore announced that requirements and compels those agen- sume. Mr. Speaker, I want to thank the the ayes appeared to have it. cies to select priorities among their gentleman from New York (Mr. REY- Mr. HALL of Ohio. Mr. Speaker, I ob- vast ranges of programs. NOLDS) for yielding me the time. ject to the vote on the ground that a This is an open rule which will allow The bill meets the funding obligation quorum is not present and make the for full consideration of the bill mak- limitations set by the 105th Congress in point of order that a quorum is not ing appropriations for the Department the transportation legislation known present. as TEA 21, which provides $27.7 billion of Transportation. The SPEAKER pro tempore. Evi- in highway program obligation limita- As my colleague has described, this dently a quorum is not present. tions, a $3.5 billion increase over last rule provides for 1 hour of general de- The Sergeant at Arms will notify ab- year’s level. bate to be equally divided and consent Members. This much needed funding is directed trolled by the chairman and ranking The vote was taken by electronic de- to the States to construct and improve minority member of the Committee on vice, and there were—yeas 416, nays 3, roads and highways. This includes the Appropriations. not voting 15, as follows: bridge replacement and rehabilitation The rule permits amendments under program that provides assistance for the 5-minute rule, which is the normal [Roll No. 247] bridges on public roads, including a dis- amending process in the House. All YEAS—416 cretionary set-aside for high cost Members on both sides of the aisle will Abercrombie Carson Fattah bridges and for seismic retrofit of have the opportunity to offer amend- Ackerman Castle Filner ments which are germane and which Aderholt Chabot Foley bridges. Allen Chambliss Forbes The bill also includes technical as- follow the rules for appropriation bills. Andrews Chenoweth Ford sistance to other agencies and organi- Assisting transportation is one of the Archer Clay Fossella zations involved in road building ac- oldest and most important duties of Armey Clayton Fowler the Federal Government. Our leaders, Bachus Clement Frank (MA) tivities. Baird Clyburn Franks (NJ) The bill provides for $5.8 billion in going back to the Founding Fathers, Baker Coble Frelinghuysen transit program obligations, the fund- knew that transportation is the glue Baldacci Coburn Frost ing level guaranteed in TEA 21, an $824 that holds the Nation together. There- Ballenger Collins Gallegly Barcia Combest Ganske million increase over last year’s level. fore, passage of this bill, which funds Barr Condit Gejdenson This includes Federal financial as- the Department of Transportation and Barrett (NE) Conyers Gekas sistance programs for planning, devel- related agencies, is one of the highest Barrett (WI) Cook Gephardt priorities of the Congress. Bartlett Cooksey Gibbons oping, and improving comprehensive Bass Costello Gillmor mass transportation systems in both The bill funds highway construction Bateman Cox Gilman urban and nonurban areas. and highway safety and transit. It as- Becerra Coyne Gonzalez The bill recommends $4.6 billion for sists our Nation’s air traffic control Bentsen Cramer Goode system and airport improvements. It Bereuter Crane Goodlatte air traffic services, a 7.1 percent in- Berkley Crowley Goodling crease over the fiscal year 1999 level. makes possible Amtrak and Federal Berman Cubin Gordon Air traffic services make up an integral railroad programs. Berry Cummings Goss part of aviation safety. I call attention to the report of the Biggert Cunningham Graham committee, which directs the Federal Bilbray Danner Green (TX) Over the past several years, the prob- Bilirakis Davis (FL) Green (WI) lem of runway incursion continues to Aviation Administration to give pri- Bishop Davis (IL) Greenwood worsen, now occurring at a rate of al- ority consideration of grant applica- Blagojevich Davis (VA) Gutierrez most one per day. tions for the development of Dayton Bliley Deal Gutknecht Blumenauer DeGette Hall (OH) The bill also includes a general avia- International Airport, in my district. Blunt Delahunt Hall (TX) tion provision to improve safety, in- Dayton is considering three projects, Boehlert DeLauro Hansen cluding a $5 million grant for contract including an aircraft parking apron, Boehner DeLay Hastings (FL) tower cost sharing and an additional site development work, and engineer- Bonilla DeMint Hastings (WA) Bonior Deutsch Hayes $500,000 for the important aviation ing for an aircraft hangar, and expan- Bono Dickey Hayworth safety program. sion of de-icing facilities. Borski Dicks Hefley In addition, the bill provides $571 mil- This bill was adopted by a voice vote Boswell Dingell Herger lion for grants to the National Rail- in the Committee on Appropriations. It Boucher Dixon Hill (IN) Boyd Doggett Hill (MT) road Passenger Corporation, Amtrak, is supported on both sides of the aisle. Brady (PA) Dooley Hilleary which has undergone remarkable reha- I want to commend the gentleman Brady (TX) Doolittle Hilliard bilitation over the past 4 years. from Virginia (Mr. WOLF), the chair- Brown (FL) Doyle Hinchey Brown (OH) Dreier Hinojosa This funding will cover capital ex- man of the Subcommittee on Transpor- Bryant Duncan Hobson penses and preventative maintenance. tation of the Committee on Appropria- Burr Dunn Hoeffel In addition, the Federal Government tions, for a great job, and the gen- Burton Edwards Hoekstra will continue to work with Amtrak to tleman from Minnesota (Mr. SABO), the Buyer Ehlers Holden Callahan Ehrlich Holt help it reach its goal of total self-suffi- ranking minority member, for their Calvert Emerson Hooley ciency. work in bringing this bill to the House Camp English Horn Mr. Speaker, safety should remain floor. Campbell Eshoo Hostettler the Federal Government’s highest re- The resolution was reported by a Canady Etheridge Houghton Cannon Evans Hoyer sponsibility in the transportation area. voice vote in the Committee on Rules. Capps Everett Hulshof Clearly, this bill addresses those needs It is an open rule. I urge adoption of Capuano Ewing Hunter and concerns. the rule and the bill. Cardin Farr Hutchinson

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 13986 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Hyde Minge Shadegg So the resolution was agreed to. of over $400 million over the fiscal year Inslee Mink Shaw The result of the vote was announced 1999 freeze level. Several of my col- Isakson Moakley Shays Istook Mollohan Sherman as above recorded. leagues have sought reductions to pre- Jackson (IL) Moore Sherwood A motion to reconsider was laid on vious appropriations bills to bring Jackson-Lee Moran (KS) Shimkus the table. those bills more in line with the levels (TX) Moran (VA) Shows Stated for: provided in fiscal year 1999. Jefferson Morella Shuster Jenkins Murtha Simpson Mr. KUYKENDALL. Mr. Speaker, on rollcall Mr. Chairman, it is important for the John Myrick Sisisky No. 247, I was inadvertently detained. Had I House to understand that more than 70 Johnson (CT) Nadler Skeen been present, I would have voted ‘‘yes.’’ percent of the funding provided in this Johnson, E.B. Napolitano Skelton f bill as discretionary spending is not Johnson, Sam Neal Slaughter Jones (NC) Nethercutt Smith (MI) GENERAL LEAVE within the control of the Committee on Jones (OH) Ney Smith (NJ) Appropriations. Funding of $28.8 billion Kanjorski Northup Smith (TX) Mr. WOLF. Mr. Speaker, I ask unani- Kasich Norwood for the highways and transit programs, Smith (WA) Kelly Nussle mous consent that all Members may though included in this bill, is manda- Snyder Kennedy Oberstar have 5 legislative days within which to Souder tory. This committee has no control Kildee Obey Spence revise and extend their remarks on the over the spending levels. Kilpatrick Ortiz bill (H.R. 2084) making appropriations Kind (WI) Ose Spratt The bill does include increases for King (NY) Owens Stabenow for the Department of Transportation highway and transit programs, but the Kingston Oxley Stark and related agencies for the fiscal year committee had no other choice. The Kleczka Packard Stearns ending September 30, 2000, and for Klink Pallone Stenholm bill presented to the House in no way Knollenberg Pascrell Strickland other purposes, and that I may include alters the funding levels contained in Kucinich Pastor Stump tabular and extraneous material. TEA21. LaFalce Paul Stupak The SPEAKER pro tempore (Mr. Sununu Let me also note, Mr. Chairman, that LaHood Payne HEFLEY). Is there objection to the re- Lampson Pease Sweeney the House recently passed the author- Lantos Pelosi Talent quest of the gentleman from Virginia? ization for the Federal Aviation Ad- Largent Peterson (MN) Tancredo There was no objection. ministration. That bill contains provi- Larson Peterson (PA) Tanner f sions which had the effect of increasing Latham Petri Tauscher LaTourette Phelps Tauzin DEPARTMENT OF TRANSPOR- funding for the FAA by $14 billion over Lazio Pickering Taylor (MS) TATION AND RELATED AGEN- the levels assumed in the budget reso- Lee Pickett Taylor (NC) lution. It guarantees $3 billion a year Levin Pitts Terry CIES APPROPRIATIONS ACT, 2000 Lewis (CA) Pombo Thomas in general fund subsidies for aviation The SPEAKER pro tempore. Pursu- programs within the discretionary Lewis (GA) Pomeroy Thompson (CA) ant to House Resolution 218 and rule Lewis (KY) Porter Thompson (MS) caps. Linder Price (NC) Thornberry XVIII, the Chair declares the House in Next year, if the FAA authorization Lipinski Pryce (OH) Thune the Committee of the Whole House on bill were enacted, the only truly discre- LoBiondo Quinn Thurman the State of the Union for the consider- Lofgren Radanovich tionary program over which this sub- Tiahrt ation of the bill, H.R. 2084. Lowey Rahall Tierney committee would exert any control Lucas (KY) Ramstad Toomey Lucas (OK) Rangel b 1114 would be the Coast Guard. Creating Traficant new mandatory programs, whether Luther Regula Turner IN THE COMMITTEE OF THE WHOLE Maloney (CT) Reyes Udall (CO) they are off-budget or within the dis- Maloney (NY) Reynolds Accordingly, the House resolved Udall (NM) cretionary caps, creates more Federal Manzullo Riley itself into the Committee of the Whole Upton Markey Rivers spending, not less. Such mandatory Velazquez House on the State of the Union for the Martinez Rodriguez spending is uncontrollable and makes Vento consideration of the bill (H.R. 2084) Mascara Roemer Visclosky the Congress’ job of balancing the Matsui Rogan making appropriations for the Depart- Vitter budget and reducing the national debt McCarthy (MO) Rohrabacher ment of Transportation and related Walden McCarthy (NY) Ros-Lehtinen agencies for the fiscal year ending Sep- doubly difficult. McCollum Rothman Walsh If the committee were required to re- Wamp tember 30, 2000, and for other purposes, McCrery Roukema duce program levels within the bill to McDermott Roybal-Allard Waters with Mr. CAMP in the chair. McGovern Royce Watkins The CHAIRMAN. Pursuant to the the levels provided last year, the House Watt (NC) McHugh Rush rule, the bill is considered as having would be asked to do one of three McInnis Ryan (WI) Watts (OK) things: One, reduce funding for the Waxman been read the first time. McIntosh Ryun (KS) Federal Aviation Administration just McIntyre Sabo Weiner Under the rule, the gentleman from McKeon Salmon Weldon (FL) Virginia (Mr. WOLF) and the gentleman days after passing an authorization McKinney Sanchez Weldon (PA) from Minnesota (Mr. SABO) each will containing $14 billion in new spending McNulty Sanders Weller above the budget resolution and a few Meehan Sandlin Wexler control 30 minutes. Meek (FL) Sanford Weygand The Chair recognizes the gentleman weeks after an aviation accident in Ar- Meeks (NY) Sawyer Whitfield from Virginia (Mr. WOLF). kansas; two, reduce funding for the Menendez Saxton Wicker Coast Guard search and rescue oper- Metcalf Scarborough Wilson b 1115 ations and drug interdiction activities; Mica Schaffer Wise Millender- Schakowsky Wolf Mr. WOLF. Mr. Chairman, I yield or three, nearly eliminate all the Fed- McDonald Scott Woolsey myself such time as I may consume. eral funding for Amtrak. The reported Miller (FL) Sensenbrenner Wynn Mr. Chairman, today the House con- bill is a lean and balanced bill given Miller, Gary Serrano Young (AK) Miller, George Sessions Young (FL) siders the third appropriations bill for the TEA21 aviation needs and one that Fiscal Year 2000, the Department of should be supported by the House. NAYS—3 Transportation and Related Agencies To briefly summarize, $4 billion for Baldwin Kolbe Wu Appropriations bill. This bill includes the Coast Guard, including $521 million NOT VOTING—15 appropriations for our Nation’s high- for drug interdiction; $10.5 billion for Barton Fletcher Leach ways, transit systems, funding for the the FAA, including $2.25 billion for the Brown (CA) Gilchrest Olver Coast Guard, the Federal Aviation Ad- AIP program; $27.7 billion for the Fed- DeFazio Granger Portman ministration, the Federal Railroad Ad- eral-aid highways program, the same Diaz-Balart Kaptur Rogers Engel Kuykendall Towns ministration, and several other smaller level as guaranteed by TEA21; $368 mil- agencies both within and separate from lion for NHTSA, again the same level b 1113 the Department of Transportation. as authorized; $718 million for the Fed- Mr. INSLEE changed his vote from The bill totals $12.7 billion in discre- eral Railroad Administration, includ- ‘‘nay’’ to ‘‘yea.’’ tionary budget authority, an increase ing $571 million for Amtrak; $5.8 billion

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13987 for the Federal Transit Administra- keeping trucks on the roads safe, had 50 in my Congressional district were in tion, the same level as guaranteed by less than an arm’s length relationship such violation of the law that they TEA21; and several smaller appropria- with the industry it regulates. Last were pulled off the road, meaning they tions for other modal administrations year, the committee tried to transfer could not move until they were either and independent agencies. the Office of Motor Carriers from the fixed there or towed away. One out of The bill has been developed in co- Federal Highway Administration to every five trucks on the major inter- operation with the minority and the the National Highway Traffic Safety states that my colleagues and their gentleman from Minnesota (Mr. SABO). Administration. The committee was constituents and their families are We have had a good close working rela- unsuccessful. driving on are very, very unsafe. tionship over the past several years, This year the bill provides a total of and this year was no different. The bill $70 million more for inspectors but in- This is an issue of safety. Fourteen has encountered no significant dis- cludes a limitation that none of these to 15 people die every day with regard agreements, passing through both the funds are available if the Office of to accidents involving trucks. The bill subcommittee and the full committee Motor Carriers remains within the Fed- provides a total of $4 billion for the markups with only minor amendments. eral Highway Administration. Hope- Coast Guard, an increase of $150 mil- The administration has also indicated fully, this limitation will encourage lion over the 1999 enacted level. Within its support for the bill. the administration and others to have the funds provided for the Coast Guard The overarching priority for the com- legislation or to change the current is $521 million for drug interdiction ac- mittee in developing this bill has been placement and management of the Of- tivities, a 40 percent increase over last safety, and I would like to bring sev- fice of Motor Carriers as they have in- year’s level. eral initiatives to the attention of the dicated they will do. All in all, Mr. Chairman, it is a bal- Members. Recently, the Inspector Gen- I would just tell the Members, on eral of the Department of Transpor- Monday I went out on a highway truck anced bill, and I urge its adoption. tation found that the Office of Motor inspection. A large number of the Mr. Chairman, I include the following Carriers, the office responsible for trucks that were inspected off of Route for the RECORD.

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Mr. Chairman, I reserve the balance residential neighborhoods. The stretch of the commending Chairman WOLF for his hard of my time. Nickel Plate Line through Lakewood includes work in putting together a bill that addresses Mr. SABO. Mr. Chairman, I yield 27 at-grade crossings within 2.7 miles of track. the transportation needs of our citizens, com- such time as he may consume to the The other tracks that should be included in the munities and businesses. I also want to thank distinguished gentleman from Ohio pilot corridors are the Conrail Mainline through the majority staff—John Blazey, Rich Efford, (Mr. KUCINICH). Berea, Olmsted Falls, and Olmsted Township; Stephanie Gupta, Linda Muir and David Mr. KUCINICH. Mr. Chairman, I rise and the stretch of the Berea-Greenwich line Whitestone—for the fine job that they do. in support of the bill. that runs through Berea and Olmsted Falls. This bill was developed in a bipartisan man- Mr. Chairman, I rise in support of the bill/ All of these tracks are experiencing signifi- ner and is balanced and fair. rule. I would like to thank Chairman WOLF and cant increases in freight traffic due to the op- The bill provides $12.7 billion in new budget Ranking Member SABO for all the hard work erating changes of the Conrail acquisition. authority and $50.7 billion in total resources. they’ve put into this bill. While I understand the importance of warning While technically speaking this level is $400 On June 1st of this year, Norfolk Southern motorists, pedestrians, and cyclists at these million over last year, the bill actually provides and CSX Transportation finalized their acquisi- crossings, my constituents are being awak- new budget authority about equal to last tion of Conrail. As a result of this acquisition, ened in the middle of the night by train opera- year’s level, adjusted for $400 million in one- train traffic through parts of my district, has in- tors that blow their horns loud and long. There time rescissions adopted last year that cannot creased significantly. The rail crossings in must be a way that we can have safe railroad be continued into 2000. these cities literally split the cities in half, and crossings without the railroads being a nui- Mr. Chairman, two-thirds of the outlays in increased traffic has been causing traffic back- sance to residents living near tracks. the bill are mandated highways and transit ups and delays. Through a pilot corridor demonstration firewalls in TEA–21. As a result, obligation lev- With the Chairman’s assistance and with project in my district, we can use some of the els for highway programs increase by $2.2 bil- commitments from NS and CSX and the State latest safety procedures to ensure safety while lion or 8.5 percent over 1999 and $6.2 billion of Ohio, funds have been secured to construct protecting the peace and quiet of the neigh- or 29 percent since 1998. Transit obligation grade separations at three different rail cross- borhoods. Photo-enforcement, median strips, authority will increase by $432 million or 8.1 ings in my district. When construction is com- 4-quadrant gates, long arm gates, one-way percent over 1999 and $953 million or 20 per- pleted, residents in Berea, Olmsted Falls and paired streets, and enforcement/education ef- cent since 1998. Olmsted Township will be relieved of traffic forts are among the most up-to-date supple- The FY2000 Transportation appropriations backups and delays as a result of train traffic. mentary safety measures available that may bill is just $425 thousand below its 302(b) allo- In too many cases they will still have to con- help maintain safety while keeping peace in cation in budget authority and at the 302(b) al- tend with train whistle noise. Once the grade our residential areas. location in outlays. These 302(b) allocations separations are built, trains will not be re- I applaud the FRA in its efforts to draft and are adequate, but not generous, and they are quired to sound their whistles when passing implement quiet zone regulations, and I hope absolutely necessary if we are to fund vital those specific intersections. Several densely that a portion of the funds appropriated in this safety, security and operational requirements populated neighborhoods in my congressional bill can be used for that purpose. I believe we of the Coast Guard, the FAA, and AMTRAK. district will, however, experience an increase can maintain the safety of these rail lines COAST GUARD in whistle noise from passing trains. Many of while making areas like the cities in my district The bill provides $3.3 billion in discretionary these homes are located within 30 to 40 feet quieter environments in which to live. resources and $721 million in mandatory re- of the railroad tracks, and the increased traffic Mr. SABO. Mr. Chairman, I yield my- sources for the Coast Guard. This provides a through this area means increased noise for self such time as I may consume. discretionary increase of $116 million or 3.6 these residents. Mr. SABO. Mr. Chairman, I will not percent over 1999, excluding mandatory re- Currently, Federal regulations require each go through the details of the bill as the tired pay and excluding 1999 emergency lead locomotive to have a warning device that chairman did. But let me commend the supplementals which will fund some year 2000 produces a sound level of 96 decibels at least gentleman from Virginia (Mr. WOLF) pay requirements. While these levels are short 100 feet ahead of the locomotive. The State of for conducting fair and very profes- of the President’s request, I believe they are Ohio requires trains to sound their whistles sional hearings in an excellent bill be- adequate for the Coast Guard to accomplish 1,320 feet before a crossing and continuously fore us today. its national defense, search and rescue, and while passing through it. Let me mention the staff of the com- law enforcement missions. In addition, all major railroads have oper- mittee on the minority side. Cheryl Coast Guard drug interdiction activities are ating rules that require their engineers to blow Smith from the minority staff; Mar- funded at $541 million—a 40 percent increase train horns—normally four consecutive times— jorie Duske from my personal staff, over the 1999 level. at highway-rail grade crossings as a warning who worked very hard on this bill. Let In addition, we have had great interest from to motorists and pedestrians. me also thank the members of the ma- some members in certain Coast Guard facili- These regulations were implemented to pro- jority staff, John Blazey, Rich Efford, ties. This bill does not mandate the closure of tect public safety, but the disturbance train Stephanie Gupta, Linda Muir, and any facilities. In fact, the bill ensures that air whistles cause nearby residents should be ad- David Whitestone, all of whom have facilities in Long Island and Michigan will re- dressed. In 1994, Congress passed the Swift worked very hard and in a very profes- main open, and provides funding for a new air Rail Development Act which directs the Fed- sional way on this bill. This work is facility in Illinois for southern Lake Michigan. eral Railroad Administration to mandate the outstanding. FEDERAL AVIATION ADMINISTRATION use of train horns at all public crossings. The bill before us is a good one, and With regard to aviation, this bill does not This legislation also allows for ‘‘quiet zones’’ should be passed. As always, one has a shortchange the FAA. It includes $10.5 billion whenever communities establish alternatives few concerns. I have some concern that for the FAA, primarily to fund increased air that provide the same level of safety at cross- funding for FAA operations may be a traffic control and airport development require- ings as that provided by train whistles. The little tight. I am a little concerned ments. This provides a 10 percent increase of FRA is in the process of drafting new regula- over some technical language as re- $985 million, including a $300 million or 15 tions on train whistles and ‘‘quiet zones.’’ lates to transit. But we will continue percent increase for the airport improvement I have written to Secretary Slater on the to look at those issues as we go to con- program—funded at its highest level ever of issue of quiet zones. I have proposed that the ference. $2.25 billion. railroad tracks through the 10th District be But it is a good bill. It moves trans- Mr. Chairman, I understand that there is designated as ‘‘Pilot Corridors’’ and be used to portation funding in this country for- concern about some of the reductions in the demonstrate the use of supplementary safety ward in a positive fashion. I would hope FAA operations budget, particularly those that measures that would provide the same level of the bill would remain intact, and it may impact the air traffic controllers pay safety as the sounding of a locomotive horn. would serve the House well. agreement. I share these concerns and intend The pilot corridors would include Norfolk Mr. Chairman, I rise in strong support of the to work diligently in conference with the Sen- Southern’s Nickel Plate Line, which runs fiscal year 2000 Transportation and related ate to ensure that we have adequately funded through some of the very densely populated agencies appropriations bill. Let me start by all aspects of the new air traffic controllers

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.000 H23JN9 13994 CONGRESSIONAL RECORD—HOUSE June 23, 1999 compensation agreement negotiated with the execute a letter of no prejudice, a let- The best way to improve this situation and FAA last year. ter of intent or full funding grant the quality of life for my constituents is to ex- AMTRAK agreement for the west-east light rail pand the Metropolitan Atlanta Rapid Transit Mr. Chairman, this bill also includes $571 line. This limitation was added by the Authority system. million in capital grants for AMTRAK—An committee and was not requested by MARTA’s Board has identified the western amount that is $37 million or 6 percent below the gentleman from Utah (Mr. COOK). I light rail extension as the most cost effective last year’s level. Since FY1995, funding for and the committee staff have spoken addition to the system. The project would re- AMTRAK in this bill has been cut by over with the gentleman and his staff to dis- duce congestion and air pollution, and improve $200 million or nearly 30 percent. cuss the reasons why, in the opinion of access to educational and employment re- The bill also provides AMTRAK with the the committee, this limitation is nec- sources—linking thousands of students to flexibility it needs to use these funds for pre- essary and appropriate and in the in- Georgia Tech University and workers to Fulton ventive maintenance on equipment and terest of the American taxpayer. County Industrial Park. track—a good business practice adopted by Mr. COOK. Mr. Chairman, I appre- While I realize the severe constraints we other transportation modes. ciate the generosity of the committee face in making responsible decisions about In our hearings this year, we heard testi- for including appropriations for Salt spending our transportation tax dollars, one mony from both AMTRAK and the DOT in- Lake City and its surrounding commu- million dollars dedicated to studying the spector general about the progress AMTRAK nities to meet the requirements of the MARTA west side extension is a sound and is making toward operational self-sufficiency. Olympic Games. The chairman and his responsible investment. Ridership is up. Revenues are up. staff of the committee have spoken Mr. SABO. Mr. Chairman, I yield 3 Nevertheless, we also heard testimony that with me and my staff about the reasons minutes to the gentleman from Ari- AMTRAK must receive the entire $571 million why the limitation on the west-east zona (Mr. PASTOR), a very hard-work- in this bill if AMTRAK is to continue to launch line was included in the bill. ing member of our subcommittee. Mr. PASTOR. Mr. Chairman, first of high speed rail, make improvements in its per- It is my hope that over the next sev- all, I want to commend the gentleman formance, and meet its on-going financial obli- eral months that I and other members from Virginia (Mr. WOLF) for bringing gations. AMTRAK is relying on receiving the of the Utah delegation could address forth a fair, bipartisan bill through the full amount of its FY2000 request, and any- the issues identified by the committee subcommittee and also through the full thing less than that amount could effectively and seek ways to provide the necessary committee, and I want to thank him force the railroad into bankruptcy. appropriations to ensure a successful In closing, the FY2000 Transportation ap- for working with us and congratulate Winter Games in Salt Lake Valley. him on the bill. propriations bill deserves our strong support. I Mr. WOLF. Mr. Chairman, I say to urge members to support it and to reject any There are two issues that are ad- the gentleman from Utah (Mr. COOK), dressed in this bill that I would like to amendments to cut the funding provided in the we look forward, the committee and bill. take a few minutes to talk about. One Mr. Chairman, I reserve the balance the members, to working with the gen- deals with an issue that he talked of my time. tleman from Utah and other members about and it deals with the issue of Mr. WOLF. Mr. Chairman, I yield 2 of the delegation to address the most truck safety on our highways. He minutes to the gentleman from Utah critical transportation requirements should be commended for bringing that (Mr. COOK). related to the Salt Lake City 2002 Win- issue forth and highlighting it. Mr. COOK. Mr. Chairman, I rise for ter Olympic Games, and I appreciate We had a hearing in which we had in- the purpose of engaging the gentleman the help of the gentleman. terest groups that were making presen- from Virginia (Mr. WOLF), the chair- Mr. COOK. Mr. Chairman, I commend tations at that hearing, and there were man of the Subcommittee on Transpor- the gentleman for his work. several options that were proposed. tation of the Committee on Appropria- Mr. SABO. Mr. Chairman, I yield One would be to strengthen the Office tions, in a colloquy. such time as he may consume to the of Motor Carriers to ensure that the Mr. Chairman, as you know, Salt gentleman from Georgia (Mr. LEWIS). enforcement of safety becomes its ob- Lake City has been selected the site of Mr. LEWIS of Georgia. Mr. Chair- jective. Also, the possibility of cre- the 2002 Winter Olympic Games. man, I want to commend the gen- ation of an office within the Depart- Hosting the games poses a significant tleman from Virginia (Mr. WOLF), the ment of Transportation whose only ob- challenge to any area, particularly chairman, and the gentleman from jective would be truck safety. with respect to transportation. This Minnesota (Mr. SABO), the ranking There are several hybrids. The most challenge is manageable, however, with member, for their good work on this recent one that I read about was support from the Federal Government. bill. former Congressman Mineta’s proposal Mr. WOLF. Mr. Chairman, will the Mr. Chairman, I rise in support of and suggestion what we can do and gentleman yield? H.R. 2084. should adopt in terms of strengthening Mr. COOK. I yield to the gentleman Metropolitan Atlanta is facing a crisis. De- the enforcement of truck safety on our from Virginia. clining air quality and bumper to bumper traffic highways. So I commend the chairman Mr. WOLF. Mr. Chairman, the com- are clouding Atlanta’s future. and I look forward to working with mittee recognizes the importance of a The people who bear the heaviest burden of him to resolving this issue. successful Winter Olympic Games to air pollution—poor people, the elderly, and The other issue that I would like to the Salt Lake community, the State of children—are those who most need our pro- commend the committee, the ranking Utah, and to the entire country. In tection. As we speak, Atlanta’s hospitals are member, and also the chairman is the light of the national interest in a suc- bracing for a rush of respiratory emergencies issue of truck safety as it deals with cessful Olympic experience in Salt as this season’s ozone season approaches. our borders. The Inspector General, in Lake City, the subcommittee bill in- Traffic in and around Atlanta is so con- a report, told us that California seems cludes almost $75 million for various gested that the term ‘‘quick commute’’ has be- to have adequate safety inspection transportation infrastructure invest- come an oxymoron. Parents spend more time along the borders, but Texas, New Mex- ments. These funds are available for in traffic than attending little league games ico, and Arizona are lacking somewhat transportation planning, park and ride and PTA meetings. Atlantans now rank traffic, in terms of ensuring that the trucks lots, intelligent transportation sys- public transportation and air pollution along- coming across from Mexico meet all tems, buses, highways, and the south- side education and crime as their top con- the safety standards. north light rail system. These appro- cerns. The chairman and the ranking mem- priations were secured, I might say, by More roads will not solve Atlanta’s problem. ber have addressed this problem by pro- the diligence of the gentleman from In fact, more roads are not an option. Federal viding monies so that the Department Salt Lake City. funding cannot be used for road construction of Transportation would have addi- The bill, however, does include a pro- because Georgia has not filed the State Im- tional Federal inspectors at the bor- hibition on the use of Federal funds to provement Plan required by the Clean Air Act. ders and also would provide monies to

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13995 the States so that they could establish appropriations transportation team for problem of sexual harassment at the FAA, and facilities where we could conduct these 14 years, I find coming here to the we were successful in getting language added safety inspections. United States Congress to be quite a that would hopefully eliminate this backlog of b 1130 blessing to work in a bipartisan way on cases. such a very important bill that affects The bill provides that the Department of I hope that as this bill goes forward all of us as American citizens. Transportation work hard to ensure that quali- through the House to conference that We heard a lot of testimony on truck fied small businesses, women-owned busi- the issue of truck safety at the borders safety and what we need to do to begin nesses, and minority-owned businesses get will be addressed with additional re- to address it, and we did that in a bi- their fair share of the advertising pie. sources made available to the States partisan fashion. I know there were This bill provides more funding for road and additional Federal inspectors also many, many requests for transit assist- safety and innovative programs that will make being made available to the border. I ance and because of the limited dollars travel safer for all Americans. congratulate the ranking member and that we are able to work with, we were I am especially honored to serve on this the chairman for a great bill and move not able to fill all of those. We hope to Subcommittee as I served the majority of my its adoption. work more on this. career as an elected member for the Michigan Mr. WOLF. Mr. Chairman, I yield 2 I thank the committee and the staff House of Representatives on the same Sub- minutes to the gentleman from Cali- for, in a bipartisan way, making sure committee. As such, I have over 20 years of fornia (Mr. GARY MILLER). that we did what we could with those experience working with transportation-related Mr. GARY MILLER of California. Mr. dollars that were available to us. A few issues and budgets for the State of Michigan, Chairman, I rise in strong support of of my colleagues from Michigan are a and I am glad to be able to use this knowl- H.R. 2084, the fiscal year 2000 Transpor- bit upset that some of their concerns edge to improving the transportation needs of tation Appropriations Bill. I would like were not taken into heed, and that is all Americans. As the first Democratic Member to thank the gentleman from Virginia mainly because I did not know about of this Committee since the retirement of Con- (Mr. WOLF) and the gentleman from them, but I will work with the entire gressman Bob Carr, I want to add and note Minnesota (Mr. SABO) for their hard Michigan delegation as we move to that I am ready and willing to work with all of work in crafting this bill in such a conference. the different transportation entities of the State good, bipartisan manner. H.R. 2084 ap- The gentleman from Michigan (Mr. of Michigan to ensure that Michigan retains its propriates $13.4 billion in new budget KILDEE) and the gentleman from Geor- fair share of these meager resources. While authority for transit programs for fis- gia (Mr. LEWIS) have certain interests we were not able to meet everyone’s transpor- cal year 2000, $437.8 million more than that they would like to see addressed. tation needs, it is my sincere hope and desire last year. Again we will work with them as we that we will be able to sit down together and Some of the dollars have a great deal move to conference. As a new member try to help my colleagues during conference of importance to my district which in- of this subcommittee and under the committee. As I said earlier, I want to work with all of cludes Ontario International Airport leadership of the gentleman from Vir- my Michigan colleagues—Democratic and Re- located in my district. $2.25 billion is ginia (Mr. WOLF) and the gentleman publican alike—during conference committee appropriated for the Airport Improve- from Minnesota (Mr. SABO), I urge my on this bill. I want to, however, cite some spe- ment Program, $300 million more than colleagues to vote ‘‘yes’’ for this most last year and $650 million more than cific examples. Congressman DALE E. KILDEE important, very fine, bipartisan appro- has been ardently working with the Federal the President requested. priations bill. $957.1 million to procure air traffic Aviation Administration (FAA) to secure fund- Mr. Chairman, I want to rise in strong sup- ing to upgrade the antenna system at Bishop control facilities and equipment, an in- port for H.R. 2084, the Transportation Appro- crease of 13.4 percent from the previous Airport. According to the December 8, 1998 priations bill for the next fiscal year. This re- edition of the Flint Journal, ‘‘In dozens of doc- fiscal year. The bill also provides fund- sponsible, reasonable and rational bill is the ing for key projects located in and uments cases this year, air traffic controllers result of a lot of hard work, long hours and have lost radar signals of aircraft in Flint’s air- around my district. H.R. 2084 provides diligence on behalf of both my Democratic and space. Federal Aviation Administration docu- $3 million for fleet replacement for the Republican colleagues and staff, and shows ments show the radar is not scheduled to be Foothill Transit Agency, $1 million for that Congress can be both fiscally prudent and replaced until September 2002. FAA officials, the Orange County Transitway Cor- make a real change for improving the trans- controllers and technicians have said they do ridor, $1 million for the purchase of portation needs of our nation. not believe the system’s weaknesses are com- compressed natural gas buses for San As one of the newest members to the au- promising the safety of pilots and fliers, but Bernardino County, and $7 million for gust Appropriations Committee, I am pleased could cause delays and added stress for con- acquisition of buses for Los Angeles to be part of this debate that will be the first trollers.’’ Because Congressman KILDEE was County. bill from one of the two subcommittees on focusing his efforts at the FAA, Congressman Finally, the bill provides $5 million which I am honored to serve. While this bill KILDEE was not able to make a formal request for oceanic air traffic modernization provides $50.7 billion in total funding to high- to the Subcommittee in time for consideration which is extremely important to Amer- way, highway safety, and mass transit proof this budget. I want to make a formal re- ican airline passengers traveling to and grams, almost 70 percent of this money is part quest that, among my Michigan colleagues, from Asia. of the guarantee from the Transportation Effi- we give full consideration to Congressman Mr. SABO. Mr. Chairman, I yield 2 ciency Act of the 21st Century, or TEA–21. As KILDEE’S issue, and hope that we can work out minutes to the gentlewoman from my colleagues know, this money is beyond the something during conference consideration. Michigan (Ms. KILPATRICK), a new scope and control of the House Appropriations I also wanted to assist Congressman JOHN member of our subcommittee. Subcommittee on Transportation. As we point LEWIS of Georgia in confronting the difficult Ms. KILPATRICK. Mr. Chairman, I out in our Committee Report, the funding in- task of meeting the transportation needs of a thank very much the gentleman from creases associated with TEA–21 have used rapidly growing population in Atlanta, Georgia. Virginia (Mr. WOLF), the chairman of up most of the 8.5 percent increase in outlays Congressman LEWIS is seeking support for ex- our subcommittee, for his tireless, allocated for the next fiscal year. As a result, panding the service of his region’s wonderful equal, just work and the gentleman we had to make many difficult decisions with Metropolitan Atlanta Rapid Transit Authority, from Minnesota (Mr. SABO), our rank- the meager amount of funds that was avail- and it is also may hope that we are able to ing member, who has certainly been a able. work with Congressman LEWIS during con- leader in providing for each of us the This bill does many great things, and I ference committee on this issue as well. input we have wanted as we discussed would like to point out some specific additions: Finally, I would like to once against thank this transportation appropriations bill The bill will expedite the backlog of sexual the hard work that Ms. Cheryl Smith and Mr. for fiscal year 2000. harassment cases at the FAA. FAA Adminis- John Blazey on putting this whole package to- Mr. Chairman, I rise in support of the trator Jane Garvey is to be commended for gether. Sometimes, we forget that we are for- legislation. As a member of Michigan’s her hard work and effort at eliminating the tunate to have a dedicated staff willing to pay

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.000 H23JN9 13996 CONGRESSIONAL RECORD—HOUSE June 23, 1999 the price of long hours and thankless service creasing the Coast Guard’s acquisition, enable 50,000 existing and tens of thou- that public service requires. construction, and improvements ac- sands of new commuters on the Na- Again, I strongly encourage my colleagues count to help replace its aging vessels tion’s busiest commuter rail line, the to support this bill. and aircraft and to thank them for in- Long Island Railroad, to travel directly Mr. WOLF. Mr. Chairman, I yield 2 cluding readiness funding in the sup- to final destinations on Manhattan’s minutes to the gentleman from Wis- plemental bill passed earlier this year. East Side without spending over half consin (Mr. RYAN). However, the administration’s re- an hour backtracking on subways from Mr. RYAN of Wisconsin. First, I quested level for operating expenses Penn Station on the West Side. would like to congratulate my col- represents the absolute minimum re- Over $100 million in combined prior league from Virginia for his work on quired for the Coast Guard to perform Federal appropriations and State and the transportation bill today. I have an the fundamental duties it has been as- local funds have already been dedicated issue, however, that I would like to signed by the Congress. to this critical project which will bring to his attention. Let us not forget that these services greatly improve transit flow and re- Mr. Chairman, the Rock County Air- often are matters of life and death. The duce vehicular traffic in the New York port which is located in the district men and women of the Coast Guard City region. East Side access is sup- that I serve has recently begun to see have put their lives on the line every ported by a Statewide bipartisan ma- an increase in air traffic for business day for 200 years to save thousands of jority of New York’s congressional del- deliveries to local employers. recreational and commercial mariners. egation and is the top funding trans- In order to accommodate these im- Over 45,000 people in the last decade portation priority of Governor Pataki. portant deliveries, the Rock County alone have been saved by the Coast I look forward to working with the Airport is in desperate need of im- Guard. gentleman from Virginia and the other provement. Rock County began work Moreover, the General Accounting members of the committee as this vital on these improvements, but Federal as- Office has documented that during the project goes forward. I thank the gen- sistance is needed to address this im- 1990s, the Coast Guard has been as- tleman for all his courtesies and gen- mediate need. These improvements are signed vastly increased responsibilities erosity on this project. critical not only to the local businesses while its workforce has been shrunk by Mr. WOLF. Mr. Chairman, will the in the district I represent but also to nearly 10 percent and has operated gentleman yield? the local economy and the livelihood of within a budget that has risen by only Mr. KING. I yield to the gentleman the employees who work at these busi- 1 percent in actual dollars. The Coast from Virginia. nesses. Guard’s new assignments go consider- Mr. WOLF. I appreciate the remarks I understand the committee report ably beyond basic vessel safety and of the gentleman from New York. I has included a list of airports which search-and-rescue, including marine would like to point out that the Fed- the committee directs the FAA to give environmental protection, fisheries eral Transit new starts funds provided priority consideration for grant fund- management, overseas military port in H.R. 2084 for this project will help. ing next year. Would the gentleman be security, international maritime train- They would not be there without his ef- willing to communicate to the Federal ing, and, of course, drug interdiction. fort, and will help to maximize pre- Aviation Administration that these In the wake of these increased man- vious Federal investments in the 63rd improvements to the Rock County Air- dates, at the same time as a decrease is Street Subway Tunnel and Connector port are to be considered a priority for planned in search-and-rescue spending, Project. All these projects are linked grant funding as well? the Coast Guard needs adequate fund- together to alleviate congestion, pro- Mr. WOLF. Mr. Chairman, will the ing to meet its new tasks and perform mote environmentally sound transpor- gentleman yield? its traditional but critical basic serv- tation, and enable weary commuters to Mr. RYAN of Wisconsin. I yield to ices to protect people, the environ- spend more quality time with their the gentleman from Virginia. ment, and the United States economic families by reducing lengthly daily Mr. WOLF. Absolutely. I appreciate interests. commutes. my colleague from Wisconsin bringing Again, I thank the appropriators for I look forward to working with the this important issue to our attention. I their hard work in meeting the chal- gentleman from New York and other understand the merits of the project. I lenges of assembling this spending bill members of the New York delegation am committed to making sure that it and look forward to continuing to work to ensure that this project will be ade- is communicated to the FAA that this with the committee to increase funding quately funded as it moves into the project receives the same priority con- to at least the administration’s re- heavy construction phase. sideration as those included in the quested level. Mr. KING. I thank the gentleman committee report. The gentleman has Mr. WOLF. Mr. Chairman, I yield 2 from Virginia. my word on that. minutes to the gentleman from New Mr. SABO. Mr. Chairman, I yield 2 Mr. RYAN of Wisconsin. I thank the York (Mr. KING), the great author of a minutes to the distinguished gen- gentleman from Virginia. I sincerely new book which he hopes becomes a tleman from South Carolina (Mr. CLY- appreciate my colleague’s commit- best seller. BURN), one of the members of our sub- ment. I look forward to working with Mr. KING. Mr. Chairman, I thank the committee. him on the Rock County Airport gentleman for yielding me this time, Mr. CLYBURN. I thank the ranking issues. and, most importantly, I thank him for member for yielding me this time. Mr. SABO. Mr. Chairman, I yield 21⁄2 his kind remarks about the book. Mr. Chairman, I know the gentleman minutes to the gentleman from Massa- Mr. Chairman, I would like to express from Virginia is aware of the recent chusetts (Mr. DELAHUNT), one of the my support for this important legisla- media reports detailing the use of ra- members who always has very high in- tion to fund transportation projects in cial profiling by numerous law enforce- terest in the Coast Guard. fiscal year 2000 and to communicate ment agencies as they patrol our Na- Mr. DELAHUNT. I thank the ranking my sincere appreciation to the gen- tion’s highways. Indeed, one study by a member for yielding me this time. tleman from Virginia (Mr. WOLF) for nongovernmental entity found that Mr. Chairman, I do stand here in his efforts in including $4 million for a along the I–95 corridor in Maryland, Af- strong support for the United States project of great importance to me and rican Americans comprised only 17 per- Coast Guard and to thank the gen- my constituents, the New York Metro- cent of all drivers, yet accounted for 73 tleman from Virginia (Mr. WOLF) and politan Transportation Authority’s percent of all police searches. the gentleman from Minnesota (Mr. Long Island Railroad East Side Access As chairman of the Congressional Sabo) for their leadership in crafting Project. This project, to be completed Black Caucus, I have been directed by this bill under such tight budget con- by the year 2009, is a major commuter the Caucus to request the General Ac- straints. I also applaud them for in- rail improvement project which will counting Office to conduct its own

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13997 comprehensive study to determine the Urbano for the next fiscal year. I ap- the importance of using public trans- extent and magnitude of this problem. plaud the committee and the ranking portation these caps are counter- Mr. Chairman, I call this to the gen- member for making this recommenda- productive. tleman’s attention so that he will tion. The House bill uses a funding for- know that next year, I will address this However, what I find disturbing is language mula which takes into account the issue in our hearings. These citizens included in the Committee Report accom- number of mass transit riders a region are driving on roads paid for with fund- panying this appropriation measure. handles. The same Senators who may ing in the Transportation Appropria- In the Report, the Committee notes it is support caps for mass transit I would tions bill, yet are experiencing dis- troubled by the findings of a financial manage- assume would be opposed to similar criminatory law enforcement practices ment oversight contractor which indicate that caps on highway spending. The House on these highways. I hope that next the Commonwealth of Puerto Rico may not bill shows an understanding that fund- year we can explore whether there are have sufficient financial resources to build and ing for mass transit is equally as im- avenues through the Department of maintain the project. Consequently, a number portant as other transportation fund- Transportation to assist in eradicating of time consuming reports are required before ing. this unfair practice. the appropriation would be available. I commend both the gentleman from Mr. WOLF. Mr. Chairman, will the First, I would note that the Committee on Virginia (Mr. WOLF) and the gentleman gentleman yield? Transportation and Infrastructure, in its exten- from Minnesota (Mr. SABO) for con- Mr. CLYBURN. I yield to the gen- sive review of this project, did not at any point structing a bipartisan balanced bill. I tleman from Virginia. find anything which would lead one to ques- do wish to raise one concern: Mr. WOLF. I thank the gentleman tion the ability of Puerto Rico to meet its finan- In this bill there is money earmarked from South Carolina for drawing our cial responsibilities with respect to Tren for the East Side Connector, which will attention to this important matter. I Urbano and at the same time adequately meet allow commuters from Queens and am hopeful that his GAO study will be other transportation requirements of the re- Long Island to end up in New York completed by our hearing schedule gion. In addition, earlier this year the Trans- City. This project is worthy and impor- next year, and I look forward to exam- portation and Infrastructure Committee re- tant, but it only makes sense if at the ining its results. I look forward to quested that the General Accounting Office same time we institute a plan to finish working with the gentleman from conduct a review of all existing projects under the Second Avenue subway in New South Carolina in addressing the issue. Full Funding Grant Agreements. The results of York City. When the estimated 50,000 Mr. CLYBURN. I thank the gen- this review are expected shortly. new commuters wind up in Grand Cen- tleman for his commitment to working Second, it is my understanding that the fi- tral in New York most of them will together to find a solution to an issue nancial management report referenced by the have to continue on an additional com- about which millions of African Ameri- Committee Report does not exist, at least, in muter line, the Lexington Avenue line. cans harbor intense feelings. final form. With all due respect to the Com- Currently the Lexington Avenue line is Mr. SABO. Mr. Chairman, I yield 2 mittee, it is relying on hearsay and innuendo the only one that goes up the East Side minutes to the distinguished gen- rather than official reports with respect to this of Manhattan, and it is already terribly tleman from West Virginia (Mr. RA- particular project. The fact of the matter is that crowded. Adding thousands of addi- HALL). the so-called financial management report at tional commuters will only add to the Mr. RAHALL. I thank the distin- issue here was never approved by the FTA. already overburdened state of this line. guished ranking member for yielding Third, I would urge the Committee to rethink The solution is to create a line along me the time. the costly bells and whistles it has rec- Second Avenue in Manhattan, which Mr. Chairman, I rise in my capacity ommended be attached to this appropriation. has been in the works on and off for as the ranking Democrat on the Sub- The various reports called for in the Com- over 30 years, and part of it has already committee on Ground Transportation. mittee Report are simply not necessary, espe- been constructed. This subway line will I want to express my appreciation to cially since a GAO review is already under- allow the city’s economic growth to the gentleman from Virginia for giving way, and will cause delays. As we all know, continue and make the subway system some funding priority to those transit delays in transportation projects lead to in- an asset and not a hindrance. The Sen- new start projects which are under full creased costs, and cost overruns, and that is ate bill allows for funding to continue funding grant agreements. something we are all seeking to avoid. In this the process of building the Second Ave- The authorizing committee under- regard, I would emphasize that statements nue subway, and I do support this bill, took an extensive review of these made in a Committee Report, even from the but I hope that in conference the ap- projects when preparing legislation en- Appropriations Committee, do not carry the propriators will follow the Senate acted last year as TEA 21 which among force of law. version. its many initiatives authorized the Again, I applaud the Committee’s funding Mr. WOLF. Mr. Chairman, I yield 2 transit program through fiscal year recommendation in this matter but strongly minutes to the gentleman from New 2003. urge that the appropriation be made final by Jersey (Mr. FRELINGHUYSEN). Among the new start projects being the Conference Committee without unneces- Mr. FRELINGHUYSEN. Mr. Chair- funded in the pending legislation is the sary strings attached. man, I thank the gentleman for yield- Tren Urbano in San Juan, Puerto Rico. Mr. SABO. Mr. Chairman, I yield 2 ing this time to me, and I thank the As I noted in a recent letter to the gen- minutes to the distinguished gentle- gentleman from Virginia (Mr. WOLF) tleman from Virginia, San Juan is woman from New York (Mrs. for all his incredible work, and I rise densely populated and at times its MALONEY). today in support of this bill and com- transportation facilities appear to be Mrs. MALONEY of New York. Mr. mend him for his efforts. I especially paralyzed with congestion. In fact, Chairman, I rise in support of the want to thank the gentleman from Vir- downtown San Juan has an exceedingly Transportation Appropriations Bill. ginia for including $6 million in this high vehicle density, some 4,200 vehi- Unlike the bill on the Senate side, the bill for the redesign of the New Jersey/ cles per square mile, which is expected House version understands that each New York Metropolitan airspace. This to increase by almost 50 percent by State has different needs. The Senate is a critical effort that will benefit not 2010. bill placed a cap on transit spending for only the residents of northern New Jer- In a situation like this, the Tren a State. sey and New York State, but other Urbano system is a logical, environ- parts of the region. Once completed, mentally benign means to facilitate b 1145 this redesign will become the model for transportation in the area. This cap, if enacted, would mean a other regions such at Boston, Wash- The pending measure, in accordance loss of over $160 million in transit aid ington, D.C., Chicago and Miami. with the recommendations of the FTA, to New York City and State alone. In a For over a decade residents in my would appropriate $82 million for Tren country which is trying to emphasize district in northern New Jersey have

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 13998 CONGRESSIONAL RECORD—HOUSE June 23, 1999 been plagued by the problem of aircraft Social Security number on State driv- Mr. NETHERCUTT. Mr. Chairman, I noise. According to the Federal Avia- er’s licenses. The 1996 immigration re- thank the gentleman from Virginia tion Administration, redesign of the form law encourages States to create very much for allowing me to engage in airspace will solve many of the region’s driver’s licenses, birth certificates and this colloquy. air noise problems. The airspace over other forms of ID that are hard to Mr. SABO. Mr. Chairman, I yield 1 Newark, Kennedy and LaGuardia air- counterfeit. Fourteen States, for exam- minute to the gentleman from Illinois ports is the busiest, most congested ple, already have tamper resistant (Mr. GUTIERREZ). and most complex in the Nation. These driver’s licenses, but only in the Mr. GUTIERREZ. Mr. Chairman, I three major airports have over 1 mil- wildest imagination does any of this just wanted to thank the committee lion flight arrivals and departures a constitute a national ID card. for its work and to ask that they once year. Further, the high volume of Neither the legislation, nor the pro- again consider in conference as they flights is complicated by the fact that posed rules, require that the individual come back with the Senate report and these three airports share the same air- States include an individual’s Social obviously the House report; in the space. When Newark changes departure Security number on the driver’s li- House Report there is $2 million for the and arrival patterns, adjustments have cense. This will remain a State option. Blue Line in Chicago. It is a line that to be made at Kennedy and LaGuardia It is not mandatory. needs to be completely rebuilt at a cost airports as well. Driver’s licenses and Social Security estimate of $425 million. The State of Last year the FAA announced it cards are the most fraudulently dupli- Illinois has passed a rather robust would begin the process of redesigning cated IDs, and without making them transportation authorization of over a the airspace over New Jersey and New tamper resistant we are asking illegal billion dollars that the Chicago Transit York Metropolitan region. This was to aliens to use them to commit fraud Authority will receive to redo those be the first area in the country ad- and, of course, wrongfully gain citizen- lines, so from the State point of view, dressed by the FAA, and results could ship. and of course Mayor Daley and the be applied to other regions during fu- While I will not ask my colleagues to Governor of the State of Illinois have ture airspace redesign processes. The $6 vote against H.R. 2084, the transpor- worked together on the legislative million included in the transportation tation appropriations bill we are now process, so we have got the dollars appropriations bill will enable the air- considering, I wish to voice my strong from the State of Illinois to really space redesign to move ahead in a concerns about this provision and the make a big infusion, but we have only been able to receive $3 million thus far timely manner. It will provide much process which allowed it to be included from the authorized amount of money needed relief from the constant loud in the bill. If the legislative process at $325 million from the House of Rep- intrusion of aircraft noise. means anything, we have to stop over- Again, my thanks to the gentleman turning and changing legislation resentatives. So I would simply ask that in con- from Virginia (Mr. WOLF) for including through appropriation bills. ference my colleagues take another this critical funding in his bill, and I Mr. Chairman, I plan to work with look at the needs of the Blue Line in urge my colleagues to support it. members of the Committee on Appro- Chicago, and I thank the gentleman Mr. WOLF. Mr. Chairman, I yield 2 priations, including the gentleman from Virginia (Mr. WOLF) and the gen- minutes to the gentleman from Texas from Virginia (Mr. WOLF), to ensure tleman from Minnesota (Mr. SABO) for (Mr. SMITH). that this does not happen again. their work on this issue. Mr. SMITH of Texas. Mr. Chairman, I Mr. WOLF. Mr. Chairman, I yield 1 Mr. WOLF. Mr. Chairman, I yield 1 thank the chairman of the sub- minute to the gentleman from Wash- minute to the gentleman from Illinois committee for yielding this time to ETHERCUTT ington (Mr. N ). (Mr. WELLER). me. I wish to comment on section 332 Mr. NETHERCUTT. Mr. Chairman, I Mr. WELLER. Mr. Chairman, I rise in of the transportation appropriations rise to engage in a brief colloquy with support of this legislation. I want to bill. the gentleman from Virginia (Mr. take a moment just to thank the gen- The Committee on Appropriations WOLF), the chairman of the Sub- tleman from Virginia (Mr. WOLF) for has seen fit to include language which committee on Transportation, regard- not only his friendship but his leader- prohibits the National Highway Trans- ing Federal Aviation Administration’s ship on issues important to Illinois and portation Safety Agency from imple- acquisitions of transponder landing the district I represent, and I particu- menting a final rule for Section 656(b) systems. larly want to thank him, Mr. Chair- of the Illegal Immigration Reform and Mr. Chairman, H.R. 2084 and the ac- man, for his assistance in response to Immigrant Responsibility Act of 1996. companying committee report directs the Amtrak tragedy that occurred in By preventing the implementation of a the FAA to acquire and install several my district in the village of Bourbon- final rule, section 332 will undermine transponder landing systems. Is it the nais, and I really appreciate the assist- the key provision of the 1996 immigra- gentleman’s understanding that the in- ance and the extraordinary effort that tion law, a law passed by overwhelming tent of the report language also directs he gave on behalf of the local commu- majorities in both Houses of Congress. FAA to move immediately to commis- nities there. By nullifying laws to the appropria- sion these systems pending a successful I also want to point out that this leg- tions process, this measure undermines in-service review and validation of TLS islation today that is before us is good the legislative process itself. at the Watertown, Wisconsin, airport, for Illinois. I would point out that this Regarding the section 656(b) of the and further, that FAA should perform legislation includes $25 million in new immigration law, it is unfortunate to the in-service review and validation at start funds for extensions, for new ex- see the national ID card hysteria is Watertown as soon as possible? tensions, for Metro which is the mass alive and well. I do not support a na- Mr. WOLF. Mr. Chairman, would the transit rail system serving the suburbs tional ID card and do not know anyone gentleman yield? as well as Chicago Metropolitan Area. I in Congress who does. I do support im- Mr. NETHERCUTT. I yield to the point out particularly that one of the migration laws that stop illegal aliens gentleman from Virginia. beneficiaries of this new funding will from using fraudulent documents to Mr. WOLF. Mr. Chairman, that is my be extension of the Southwest Line, an take jobs and benefits away from understanding, that the transponder additional 11 miles out to the village of Americans. There is no national ID landing system was issued a type cer- Manhattan in the district that I rep- card in the 1996 immigration reform tificate by FAA Administrator Jane resent; would also note that this will law. It merely directed the Department Garvey during May of 1998, and barring allow for additional expansion beyond of Transportation to establish reason- any setbacks with the review and vali- Manhattan, out to the Joliet Arsenal able standards for permitting the abuse dation, FAA should proceed to acquire development at the Midway National of State issued driver’s licenses. It is and commission these systems as soon Tall Grass Prairie and Abraham Lin- entirely optional for States to use a as practicable. coln National Cemetery.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 13999 This legislation also includes $1.6 gone systematic capital improvements. Due to fication in noting that this program supports million for the city of Joliet to assist its age and deterioration, the Blue Line has the efforts of Sacramento County, California. with their maintenance of mass transit become increasingly difficult to operate effi- This project represents the latest undertaking facility and help us with a bridge in the ciently and safely. by Sacramento County under a program that Morris area. The House of Representatives clearly rec- will permit our community to develop and im- So, Mr. Chairman, I thank my col- ognized the need to improve and rebuild the plement a model intelligent transportation sys- leagues very much for their able assist- Douglas branch of the Blue Line and author- tem. Watt Avenue is a major north-south ar- ance and leadership. ized federal funding of $315 million in TEA–21 tery in the region surrounded by tremendous Mr. WOLF. Mr. Chairman, I yield 1 legislation passed last year. Obviously, many geographic restrictions, making expansion ex- minute to the gentlewoman from Texas projects were competing for this limited pool of tremely impractical. These restrictions result in (Ms. GRANGER). money and this authorization represented a much larger than normal traffic flows for an ar- Ms. GRANGER. Mr. Chairman, I rise thoughtful and reasonable response to the terial of its character. By creating a transit pri- in support of this transportation appro- needs of Chicago-area residents who use the ority system to permit queue jumping for priation. The business of transpor- Blue Line. buses, this program will improve transportation tation and appropriations is to fund In response to this federal authorization of efficiency, increase traffic flow, reduce emis- important national projects, and few funds, the State of Illinois has appropriated sions of air pollutants, improve traveler infor- are as important as this. Transpor- more money than is needed for the local mation, and build on existing projects among tation is the lifeline of our national matching portion of this project. Improving the other priorities. economy. Our roads, our bridges, our Blue Line has the strong support of the entire Again, on behalf of the Sacramento commu- highways, our railways and our air- Illinois Congressional delegation, the Illinois nity, I thank the Committee for its recognition ports are what connect the various Legislature, Governor George Ryan and Chi- of these transportation priorities so vital to the parts of our American family. Product cago Mayor Richard M. Daley. stability and growth of our region. made in San Francisco can reach a The need for an adequate appropriation of Ms. JACKSON-LEE of Texas. Mr. Chairman market in San Antonio on a safe road funds could not be more urgent. The Chicago I rise to urge my colleagues to vote in favor in a short period of time, and this pro- Transit Authority has reduced services on the of H.R. 2084, the Transportation Appropria- pels the economic growth of our Nation line drastically, with weekend and late evening tions for FY 2000. I would like to thank both and protects the safety of our drivers. services eliminated. Speeds have been re- Chairman WOLF of the Appropriations Sub- So I commend the gentleman from duced considerably on the Blue Line, making committee on Transportation and the Ranking Virginia (Mr. WOLF) for his leadership daily commutes impossible or extremely ineffi- Member, Congressman SABO, for including on this issue. He has done his best to cient for the 27,000 passengers who rely on much needed projects for the city of Houston, make the most of this bill, and he and this route to travel to work, school, health care as well as those for the entire State of Texas. his staff have accepted the very dif- facilities and other essential destinations. The bill provides a total of 50.7 Billion, 7% ficult budget constraints we currently Mass transit is absolutely vital to the eco- more than current funding, with nearly 70% of work under and produced a bill that we nomic health of the Chicago area and the the total earmarked for highway safety and can all be proud of. I am proud to serve many communities this transit link serves di- mass transit programs under guarantees set on his committee and proud of his rectly, including the Pilsen and Little Village by the new highway and transit law (‘‘TEA21’’) work. neighborhoods. The funding request I have enacted by Congress last year. The amount I am especially pleased to point out to my been joined by local, state and federal leaders provided for highways includes $1.5 Billion colleagues that the bill includes a $1.6 billion in making for the Blue Line is very important more than initially authorized, due to a TEA21 increase for highway improvements and a to the economic vitality of the community I mechanism that automatically increases guar- $333 million increase for airport improve- represent. anteed highway spending to match increases ments. These increases are in addition to a Unfortunately, H.R. 2084 includes only two in gas tax revenues to the Highway Trust forty percent increase for the Coast Guard’s million dollars in funding for the Douglas Fund. Drug Interdiction Program. These increases Branch of the Blue Line, far less than the $77 Both the Congress and the Administration represent priority funding for priority goals. million that was requested for this year. This recognized the need to invest more resources I would also like to praise Chairman WOLF’S level of funding is inadequate to serve the in our transportation system with the enact- ability to work with the other side of the aisle, needs of the residents who count on this vital ment last year of TEA–21 and the firewalls es- identify key transportation needs and still de- transit line. I urge the members of this Con- tablished for road, bridge and mass transit velop a fiscally sound transportation bill. This gress to respond to the needs of the people needs. H.R. 2084 affirms the goal by funding bill proves that we in Congress can get it done of the Chicago area and provide the requested roads, bridges and mass transit systems at if we get it together. level of funding for the Blue Line. TEA–21’s firewall levels. In addition, this When we lower our voices and raise our Mr. MATSUI. Mr. Chairman, I rise to extend measure will increase funding for federal sights, it’s amazing what we can accomplish. my most sincere thanks to Chairman WOLF transportation programs, including additional And this bill is proof of that. I am proud to be and the Ranking Member, Mr. SABO, and the resources for needed improvements to airports a member of this important and bipartisan Members of the Committee, for their willing- and aviation infrastructure. committee and I look forward to working with ness to provide funding for Sacramento’s The investment levels contained in this bill Chairman WOLF in the future. transportation priorities contained in the De- are a major step in beginning to close Amer- In closing, I want to commend again Mr. partment of Transportation and Related Agen- ica’s infrastructure funding shortfall and re- WOLF for successfully steering this bill down cies Appropriations Bill for Fiscal Year 2000. versing decades of infrastructure disinvest- the road to passage. And I urge all my col- Funding in this legislation will allow Sac- ment. As a result of that disinvestment, 59 leagues to end this journey by voting this bill ramento to make significant advancements on percent of our roads are in poor to fair condi- into law. projects that are urgently needed to address tion and nearly one third of our bridges are in Mr. GUTIERREZ. Mr. Chairman. I rise today the population growth and transportation inad- disrepair. In addition, 22 percent of all buses to reiterate my strong support for much-need- equacies confronting our region. Specifically, I and 33 percent of all rail vehicles are over ed and already authorized funding for the am grateful for $25 million for the Sacramento aged. The number of seriously congested air- Douglas Branch of the Chicago Transit light rail extension project and the $1.25 mil- ports rose from 22 percent to 32 percent in Authority’s Blue Line. lion allocation for the Sacramento compressed less than 10 years. I am extremely concerned about the inad- natural gas bus program. Both projects are The measure provides $28.9 Billion for high- equate level of funding H.R. 2084 includes for needed to assist efforts to ease traffic conges- way programs (6% more than the current the Blue Line and I urge conferees from the tion and provide efficient, affordable, and envi- level), $5.8 Billion for mass transit (8% more House and the Senate who will consider this ronmentally sound modes of transportation to than current funding), $2.8 Billion for Coast legislation to dramatically increase funding for our region. Guard operations (8% less than in FY 1999), this vital project. I also thank the Committee for the $1 million $10.5 Billion for the FAA (10% more than the The Douglas branch of the Blue Line is in funds for the Sacramento Transportation In- current amount), and $571 million from Amtrak more than a century old. It has never under- formation Technology Project and seek clari- (6% less than current funding).

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.000 H23JN9 14000 CONGRESSIONAL RECORD—HOUSE June 23, 1999 I am pleased by this report and would like sources to meet these transportation needs. I ating under, he did a commendable job in to thank the Committee for the hard and dili- believe that spending on America’s infrastruc- bringing this bill to the floor today, I urge my gent effort. I know that each member on the ture is truly a strong investment in the future colleagues to support this legislation. committee and their staffs put long hours into of America. Mr. SERRANO. Mr. Chairman, I rise in the formation of this bill, considering each re- Once again, I want to urge my colleagues to strong support of H.R. 2084, the bill making quest with the best interest of the nation in support H.R. 2084 and vote, yes for America’s appropriations for the Department of Transpor- mind. infrastructure future. tation and Related Agencies for the fiscal year Mr. Chairman, I am disappointed that the Mr. SENSENBRENNER. Mr. Chairman, I 2000. light rail option in Houston, Texas has not rise today to support the research and devel- As a new member of the Subcommittee, it been explored as a viable alternative. As con- opment provisions in H.R. 2084, the Depart- has been a pleasure to be part of such a fair, gestion continues to grow in our metropolitan ment of Transportation and Related Agencies bipartisan process. I particularly commend our areas we need to explore other options be- Appropriations Bill, for FY 2000. As Chairman Chairman, the gentleman from Virginia (Mr. sides the automobile. I would have liked to of the Committee on Science, I believe this WOLF) and our Ranking Democrat, the gen- see funds dedicated to the study of a light rail bill’s research funding provisions meet the re- tleman from Minnesota (Mr. SABO) for the system in Houston. quirements for a solid research and develop- good work they have done in developing this I would like to thank the Committee for in- ment base in support of the Department of bill and the attention they have paid to fairly cluding a total appropriation of $52.7 Million Transportation’s (DOT) mission. Like Chair- distributing funds among the various modes of for the Houston Regional bus project. The men YOUNG and WOLF, I too recognize that in- transportation, and to balancing the needs of plan, developed by Houston METRO, consists vesting in research today will improve the the nation with the needs of individual mem- of a package of major improvements to the re- safety and efficiency of travel in the future. bers and their districts. gion’s existing bus system. It includes major Last month the Science Committee passed And I would be remiss if I did not express service expansion in most of the region, new H.R. 1551, the Federal Aviation Administration my appreciation and thanks to the staff, Cheryl and extended HOV facilities and ramps, sev- Civil Aviation Research and Development Act. Smith and Marjorie Duske on our side, John eral transit centers and park-and-ride lots, and The bill included a $208.5 million authorization Blazey, Rich Efford, Stephanie Gupta, Linda supporting facilities. for research and development programs at the Muir, and David Whitestone. They are thor- I am also thankful, Mr. Chairman, that the Department of Transportation. Like H.R. 2084, oughly professional and dedicated public serv- City of Houston received $1 million dollars for H.R. 1551 proposes a $173 million dollar com- ants. Given the stringent budget constraints fac- the redevelopment of its Main Street Corridor. mitment to the Research, Engineering and De- ing the Subcommittee, this bill is quite an ac- This money will go to the revitalization of the velopment account at the Federal Aviation Ad- complishment. Of considerable importance, heart of the 2000 square mile Houston region. ministration. This is an increase of $23 million the bill fully funds the highway and transit pro- This backbone runs through both my district over the FY 1999 enacted or a 15.3 percent increase for FAA Research and Development grams as called for in TEA–21, so that and that of Representative KEN BENTSEN. projects many of us worked hard to achieve The corridor runs from Buffalo Bayou north programs and will provide FAA with the re- can proceed without interruption. But it also through downtown, midtown, Hermann Park, sources necessary to expand their Research provides the resources needed to continue the and Texas Medical Center. Main Street links and Development activities. In addition, I am pleased H.R. 2084 funds safe and efficient operation of our nation’s two important economic hubs—Downtown and the Advanced Technology Development and transportation system. This system has been Texas Medical Center, as well as entertain- Prototyping function of the FAA’s Facilities and described as the circulatory system of Amer- ment, cultural, and governmental centers. Equipment account at a level of $33 million ica, without which our economy would clog To reinforce and sustain the development dollars. These critical projects and activities and slow. activity in the corridor, the City of Houston ini- are assisting us to develop the next genera- Again, Mr. Chairman, I would like to thank tiated the Main Street Corridor Redevelopment tion of communications, navigation and sur- Mr. WOLF and Mr. SABO and all the other tal- Program. The program focuses on the coordi- veillance capabilities necessary to meet the ented people who have worked so hard to de- nation of transportation, land development, projected increases in aviation in the 21st cen- velop this bill, and I urge my colleagues to and community systems. This program will en- tury. support it. sure that the Main Street Corridor linking Similarly, the bill supports the Safe Flight 21 Ms. MILLENDER-MCDONALD. Mr. Chair- downtown to the Astrodome becomes an program at FAA at the authorized level of $16 man, I rise today in support of H.R. 2084, the urban place befitting of local, national and million. Although I would have liked to have Fiscal Year 2000 Transportation Appropria- international recognition in the next millen- seen Safe Flight 21 in the research account, tions Act. This bill provides a total of $50.7 bil- nium. and not in the Facilities and Equipment ac- lion in FY 2000 for the Transportation Depart- This project focuses on coordinated trans- count, I do believe this is a program of merit ment and related agencies. The bill’s funding portation and Community system planning for and worthy of support. includes $14.6 billion in direct appropriations the eight-mile long Main Street Corridor—the While I believe H.R. 2084 provides DOT and nearly 70% of the bills funding comes ten-mile square historic heart of the Houston and FAA with the resources necessary to con- from guarantees set forth in the Transportation region. Current and proposed highway, street, duct world class research that is mission crit- Equity Act for the 21st Century—TEA–21. and transit investments will be planned in con- ical to DOT, I cannot support the bill as a I would like to commend Chairman FRANK cert with substantial economic redevelopment whole. I believe that the $50.7 billion appro- WOLF and Ranking Member SABO and the to maximize efficiency of transport systems priated by this legislation is more than we can leadership of the Full Committee on Appro- and guide real estate development and to pre- afford for the Department of Transportation. priations for putting together a bill that in- serve significant community assets. Long term Mr. SHAW. Mr. Chairman, I rise today in creases funding for highways, highway safety, results will increase development density, in- support of H.R. 2084, the FY 2000 Transpor- transit, and operations at the Federal Aviation crease access to jobs, reduce automobile tation Appropriations Bill. Administration. trips, lower emissions, and reduce long term While this bill contains many worthy provi- This bill provides $7 million for bus acquisi- capital investment in regional infrastructure. sions, I was disappointed that no funding was tion for Los Angeles County and $5 million for I thank both Chairman WOLF and Ranking included for Broward County’s (FL) busing the Municipal Transit Operators Coalition. Fur- member SABO for their recognition of the wor- program. As my colleagues may recall, last ther, this bill meets the transportation needs thiness of this investment in the infrastructure year Congress appropriated $1 million for new for the State of California. However, I am con- of Houston. I am hopeful that the Chairman buses in Broward County. cerned that once this bill passes the House and Ranking Member will protect this project Considering that Broward County is still rap- and moves to conference that it may be sub- when we proceed to conference, and add the idly expanding, and that current transit service ject to the language offered to the Senate’s additional $500,000 I have requested to keep is inadequate (especially in the western areas bill. As part of last year’s landmark highway this project on schedule. This revitalization is of the county), I am hopeful that some funding and transit authorization bill, TEA–21, Cali- vital to ensuring the future of this center of can be added in conference committee for this fornia is slated to receive 14.6% of the total commerce and business. worthwhile program. federal allocation for transit funding. However, I know that my constituents in the 18th Con- Mr. Chairman, considering the numerous the so-called ‘‘Transit Equity Provision’’ in- gressional District support providing the re- budgetary constraints Chairman WOLF is oper- cluded as part of the Senate Appropriations

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14001 Committee’s FY 2000 Transportation Appro- a relocated tire and brake shop that will elimi- for official reception and representation ex- priations bill artificially caps California’s share nate the need to perform tire work in the park- penses as the Secretary may determine. of transit funding at 12.5%. This reduction will ing lot. These improvements would go a long OFFICE OF THE ASSISTANT SECRETARY FOR result in a loss of at least $120 million for the way in providing the proper tools with which to GOVERNMENTAL AFFAIRS State of California in fiscal year 2000. maintain StarTran buses as well as a safe For necessary expenses of the Office of the California accounts for roughly one-quarter area for the department employees. Assistant Secretary for Governmental Af- of the nation’s transit users, yet we receive Mr. Chairman, this Member urges his col- fairs, $2,039,000. only about 15% of the federal transit funding. leagues to support H.R. 2084. OFFICE OF THE ASSISTANT SECRETARY FOR A majority of our statewide transit capital pro- Mr. WOLF. Mr. Chairman, I yield ADMINISTRATION grams are financed from state and local re- back the balance of my time. For necessary expenses of the Office of the sources, but we need the federal funding to Mr. SABO. Mr. Chairman, I yield Assistant Secretary for Administration, $17,767,000. continue to provide and expand effective serv- back the balance of my time. ice and to spur economic growth. Further- The CHAIRMAN. All time having OFFICE OF PUBLIC AFFAIRS more, capping the state’s federal transit aid been yielded back, pursuant to the For necessary expenses of the Office of will reopen the carefully crafted distribution for- rule, the bill shall be considered for Public Affairs, $1,836,000. mulas enacted just one year ago, and invite a amendment under the 5-minute rule. EXECUTIVE SECRETARIAT host of new problems. The amendment printed in House Re- For necessary expenses of the Executive When this bill goes to conference, I urge the port 106–196 may be offered only by a Secretariat, $1,102,000. leadership of both the Committee and Sub- Member designated in the report and BOARD OF CONTRACT APPEALS committee to fight this provision and avoid re- only at the appropriate point in the For necessary expenses of the Board of opening TEA–21. I urge passage of this legis- reading of the bill, shall be considered Contract Appeals, $520,000. lation and I yield back the balance of my time. read and shall not be subject to amend- OFFICE OF SMALL AND DISADVANTAGED Mr. BEREUTER. Mr. Chairman, this Mem- ment. BUSINESS UTILIZATION ber rises in support of H.R. 2084, the FY2000 During consideration of the bill for For necessary expenses of the Office of Transportation Appropriations Act. amendment, the Chair may accord pri- Small and Disadvantaged Business Utiliza- This Member would like to begin by com- ority in recognition to a Member offer- tion, $1,222,000. mending the distinguished gentleman from Vir- ing an amendment that he has printed OFFICE OF INTELLIGENCE AND SECURITY ginia (Mr. WOLF), the Chairman of the Trans- in the designated place in the CONGRES- For necessary expenses of the Office of In- portation Appropriations Subcommittee, and SIONAL RECORD. Those amendments telligence and Security, $1,454,000. the distinguished gentleman from Minnesota will be considered read. OFFICE OF THE CHIEF INFORMATION OFFICER (Mr. SABO), the ranking member of the Sub- The chairman of the Committee of For necessary expenses of the Office of the committee, for their hard work in bringing this the Whole may postpone a request for a Chief Information Officer, $5,000,000. bill to the floor. recorded vote on any amendment and OFFICE OF THE ASSISTANT SECRETARY FOR Mr. Chairman, this Member certainly recog- may reduce to a minimum of 5 minutes TRANSPORTATION POLICY AND INTERMODALISM nizes the severe budget constraints under the time for voting on any postponed For necessary expenses of the Office of the which the full Appropriations Committee and question that immediately follows an- Assistant Secretary for Transportation Pol- the Transportation Appropriations Sub- other vote, provided that the time for icy and Intermodalism, $3,781,000. committee operated. In light of these con- voting on the first question shall be a OFFICE OF CIVIL RIGHTS straints, this Member is grateful and pleased minimum of 15 minutes. For necessary expenses of the Office of that this legislation includes $1 million in fund- The Clerk will read: Civil Rights, $7,742,000. ing for vital improvements to the bus mainte- The Clerk read as follows: TRANSPORTATION PLANNING, RESEARCH, AND nance facility in the City of Lincoln, Nebraska. Be it enacted by the Senate and House of DEVELOPMENT The City’s of Lincoln’s bus system, known Representatives of the United States of America For necessary expenses for conducting as StarTran, is the primary provider of public in Congress assembled, That the following transportation planning, research, systems transportation services in the area, with 65 sums are appropriated, out of any money in development, development activities, and the Treasury not otherwise appropriated, for buses and vans serving over 1.7 million riders making grants, to remain available until ex- the Department of Transportation and re- pended, $2,950,000. annually. The need for increased bus service lated agencies for the fiscal year ending Sep- TRANSPORTATION ADMINISTRATIVE SERVICE in the area continues to grow, but Lincoln’s tember 30, 2000, and for other purposes, CENTER share of Federal transit assistance has stead- namely: ily declined over the last several years. As a Necessary expenses for operating costs and TITLE I capital outlays of the Transportation Ad- result, the City has had to use more and more DEPARTMENT OF TRANSPORTATION ministrative Service Center, not to exceed of its General Fund revenues just to maintain OFFICE OF THE SECRETARY $157,965,000, shall be paid from appropriations current StarTran services, which makes major IMMEDIATE OFFICE OF THE SECRETARY made available to the Department of Trans- projects such as facility improvements next to portation: Provided, That the preceding limi- impossible without a one-time infusion of Fed- For necessary expenses of the Immediate tation shall not apply to activities associ- Office of the Secretary, $1,867,000. eral dollars. ated with departmental Year 2000 conversion For several years, the bus maintenance and IMMEDIATE OFFICE OF THE DEPUTY SECRETARY activities: Provided further, That such serv- operations facility have not provided adequate For necessary expenses of the Immediate ices shall be provided on a competitive basis to entities within the Department of Trans- space for the duties that must be performed Office of the Deputy Secretary, $612,000. OFFICE OF THE GENERAL COUNSEL portation: Provided further, That the above there and the result has been decreased safe- limitation on operating expenses shall not For necessary expenses of the Office of the ty and efficiency. For example, none of the apply to non-DOT entities: Provided further, General Counsel, $9,000,000. current stalls in the maintenance area are ca- That no funds appropriated in this Act to an pable of lifting a bus any more than a few OFFICE OF THE ASSISTANT SECRETARY FOR agency of the Department shall be trans- inches because of lack of overhead clearance, AVIATION AND INTERNATIONAL AFFAIRS ferred to the Transportation Administrative sloping floors prevent what should be simple For necessary expenses of the Office of the Service Center without the approval of the maintenance functions, and narrow stalls pro- Assistant Secretary for Aviation and Inter- agency modal administrator: Provided fur- national Affairs, $7,632,000: Provided, That ther, That no assessments may be levied vide insufficient workspace around the buses. notwithstanding any other provision of law, against any program, budget activity, sub- In order to correct these deficiencies, there may be credited to this appropriation activity or project funded by this Act unless StarTran will use the Federal funds for the up to $1,250,000 in funds received in user fees. notice of such assessments and the basis construction of a 15,000 square foot expan- OFFICE OF THE ASSISTANT SECRETARY FOR therefor are presented to the House and Sen- sion adjacent to the current facility. This ex- BUDGET AND PROGRAMS ate Committees on Appropriations and are approved by such Committees. pansion would include new repair bays that For necessary expenses of the Office of the would be properly sized with lift capabilities; Assistant Secretary for Budget and Pro- MINORITY BUSINESS RESOURCE CENTER an improved service and cleaning area; a grams, $6,770,000, including not to exceed For the cost of direct loans, $1,500,000, as level, safe, and more efficient work area; and $40,000 for allocation within the Department authorized by 49 U.S.C. 332: Provided, That

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 14002 CONGRESSIONAL RECORD—HOUSE June 23, 1999 such costs, including the cost of modifying further, That upon initial submission to the out the provisions of subchapter I of chapter such loans, shall be as defined in section 502 Congress of the fiscal year 2001 President’s 471 of title 49, United States Code, or other of the Congressional Budget Act of 1974: Pro- budget, the Secretary of Transportation provisions of law authorizing the obligation vided further, That these funds are available shall transmit to the Congress a comprehen- of funds for similar programs of airport and to subsidize gross obligations for the prin- sive capital investment plan for the United airway development or improvement, lease cipal amount of direct loans not to exceed States Coast Guard which includes funding or purchase of passenger motor vehicles for $13,775,000. In addition, for administrative ex- for each budget line item for fiscal years 2001 replacement only, in addition to amounts penses to carry out the direct loan program, through 2005, with total funding for each made available by Public Law 104–264, $400,000. year of the plan constrained to the funding $5,925,000,000, to be derived from the Airport MINORITY BUSINESS OUTREACH targets for those years as estimated and ap- and Airway Trust Fund: Provided, That none of the funds in this Act shall be available for For necessary expenses of Minority Busi- proved by the Office of Management and the Federal Aviation Administration to plan, ness Resource Center outreach activities, Budget. finalize, or implement any regulation that ENVIRONMENTAL COMPLIANCE AND $2,900,000, of which $2,635,000 shall remain would promulgate new aviation user fees not RESTORATION available until September 30, 2001: Provided, specifically authorized by law after the date That notwithstanding 49 U.S.C. 332, these For necessary expenses to carry out the of enactment of this Act: Provided further, funds may be used for business opportunities Coast Guard’s environmental compliance That there may be credited to this appro- related to any mode of transportation. and restoration functions under chapter 19 of priation funds received from States, coun- COAST GUARD title 14, United States Code, $18,000,000, to re- ties, municipalities, foreign authorities, OPERATING EXPENSES main available until expended. other public authorities, and private sources, For necessary expenses for the operation ALTERATION OF BRIDGES for expenses incurred in the provision of and maintenance of the Coast Guard, not For necessary expenses for alteration or agency services, including receipts for the otherwise provided for; purchase of not to ex- removal of obstructive bridges, $15,000,000, to maintenance and operation of air navigation ceed five passenger motor vehicles for re- remain available until expended. facilities, and for issuance, renewal or modification of certificates, including airman, placement only; payments pursuant to sec- RETIRED PAY tion 156 of Public Law 97–377, as amended (42 aircraft, and repair station certificates, or For retired pay, including the payment of U.S.C. 402 note), and section 229(b) of the So- for tests related thereto, or for processing obligations therefor otherwise chargeable to cial Security Act (42 U.S.C. 429(b)); and major repair or alteration forms: Provided lapsed appropriations for this purpose, and recreation and welfare; $2,791,000,000, of further, That of the funds appropriated under payments under the Retired Serviceman’s which $300,000,000 shall be available for de- this heading, $5,000,000 shall be for the con- Family Protection and Survivor Benefits fense-related activities; and of which tract tower cost-sharing program and Plans, and for payments for medical care of $25,000,000 shall be derived from the Oil Spill $600,000 shall be for the Centennial of Flight retired personnel and their dependents under Liability Trust Fund: Provided, That none of Commission: Provided further, That funds the Dependents Medical Care Act (10 U.S.C. the funds appropriated in this or any other may be used to enter into a grant agreement ch. 55), $721,000,000. Act shall be available for pay or administra- with a nonprofit standard-setting organiza- tive expenses in connection with shipping RESERVE TRAINING tion to assist in the development of aviation commissioners in the United States: Provided (INCLUDING TRANSFER OF FUNDS) safety standards: Provided further, That none of the funds in this Act shall be available for further, That none of the funds provided in For all necessary expenses of the Coast new applicants for the second career training this Act shall be available for expenses in- Guard Reserve, as authorized by law; main- program: Provided further, That none of the curred for yacht documentation under 46 tenance and operation of facilities; and sup- funds in this Act shall be available for pay- U.S.C. 12109, except to the extent fees are plies, equipment, and services; $72,000,000: ing premium pay under 5 U.S.C. 5546(a) to collected from yacht owners and credited to Provided, That no more than $23,000,000 of any Federal Aviation Administration em- this appropriation: Provided further, That the funds made available under this heading may ployee unless such employee actually per- Commandant shall reduce both military and be transferred to Coast Guard ‘‘Operating ex- formed work during the time corresponding civilian employment levels for the purpose of penses’’ or otherwise made available to reim- to such premium pay: Provided further, That complying with Executive Order No. 12839: burse the Coast Guard for financial support none of the funds in this Act may be obli- Provided further, That up to $615,000 in user of the Coast Guard Reserve: Provided further, gated or expended to operate a manned aux- fees collected pursuant to section 1111 of That none of the funds in this Act may be iliary flight service station in the contiguous Public Law 104–324 shall be credited to this used by the Coast Guard to assess direct United States: Provided further, That no appropriation as offsetting collections in fis- charges on the Coast Guard Reserves for more than $28,600,000 of funds appropriated to cal year 2000: , That none of Provided further items or activities which were not so the Federal Aviation Administration in this the funds in this Act shall be available for charged during fiscal year 1997. Act may be used for activities conducted by, the Coast Guard to plan, finalize, or imple- RESEARCH, DEVELOPMENT, TEST, AND or coordinated through, the Transportation ment any regulation that would promulgate EVALUATION Administrative Service Center: Provided fur- new maritime user fees not specifically au- For necessary expenses, not otherwise pro- ther, That none of the funds in this Act for thorized by law after the date of enactment vided for, for applied scientific research, de- aeronautical charting and cartography are of this Act. velopment, test, and evaluation; mainte- available for activities conducted by, or co- ACQUISITION, CONSTRUCTION, AND nance, rehabilitation, lease and operation of ordinated through, the Transportation Ad- IMPROVEMENTS facilities and equipment, as authorized by ministrative Service Center: Provided further, For necessary expenses of acquisition, con- law, $21,039,000, to remain available until ex- That none of the funds in this Act may be struction, renovation, and improvement of pended, of which $3,500,000 shall be derived used for the Federal Aviation Administra- aids to navigation, shore facilities, vessels, from the Oil Spill Liability Trust Fund: Pro- tion to enter into a multiyear lease greater and aircraft, including equipment related vided, That there may be credited to and than five years in length or greater than thereto, $410,000,000, of which $20,000,000 shall used for the purposes of this appropriation $100,000,000 in value unless such lease is spe- be derived from the Oil Spill Liability Trust funds received from State and local govern- cifically authorized by the Congress and ap- Fund; of which $205,560,000 shall be available ments, other public authorities, private propriations have been provided to fully to acquire, repair, renovate or improve ves- sources, and foreign countries, for expenses cover the Federal Government’s contingent sels, small boats and related equipment, to incurred for research, development, testing, liabilities: Provided further, That none of the remain available until September 30, 2004; and evaluation. funds in this Act may be used for the Federal Aviation Administration (FAA) to sign a $38,310,000 shall be available to acquire new FEDERAL AVIATION ADMINISTRATION aircraft and increase aviation capability, to lease for satellite services related to the remain available until September 30, 2002; OPERATIONS global positioning system (GPS) wide area $59,400,000 shall be available for other equip- (AIRPORT AND AIRWAY TRUST FUND) augmentation system until the adminis- ment, to remain available until September Notwithstanding any other provision of trator of the FAA certifies in writing to the 30, 2002; $55,800,000 shall be available for law, for necessary expenses of the Federal House and Senate Committees on Appropria- shore facilities and aids to navigation facili- Aviation Administration, not otherwise pro- tions that FAA has conducted a lease versus ties, to remain available until September 30, vided for, including operations and research buy analysis which indicates that such lease 2002; and $50,930,000 shall be available for per- activities related to commercial space trans- will result in the lowest overall cost to the sonnel compensation and benefits and re- portation, administrative expenses for re- agency. lated costs, to remain available until Sep- search and development, establishment of b 1200 tember 30, 2001: Provided, That the Com- air navigation facilities, the operation (in- mandant may dispose of surplus real prop- cluding leasing) and maintenance of aircraft, POINTS OF ORDER erty by sale or lease and the proceeds shall subsidizing the cost of aeronautical charts Mr. SHUSTER. Mr. Chairman, I be credited to this appropriation: Provided and maps sold to the public, and carrying make a point of order.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14003 The CHAIRMAN. The gentleman will ing, if my friends on the Appropria- tioned at remote localities where such ac- state his point of order. tions Committee would be interested in commodations are not available; and the Mr. SHUSTER. Mr. Chairman, I rise doing this. I again emphasize, it is not purchase, lease, or transfer of aircraft from on a point of order against the phrase my intention to have to do this, I refunds available under this head; to be derived from the Airport and Airway Trust Fund, ‘‘to be derived from the Airport and gret having to do it. I had an amend- $2,200,000,000, of which $1,917,000,000 shall re- Airway Trust Fund’’ on page 11, line 8, ment to cure it which was not made in main available until September 30, 2002, and through page 11, line 9 on the grounds order by the Committee on Rules, and of which $283,000,000 shall remain available that this is legislation on an appropria- I regret that as well. until September 30, 2000: Provided, That there tions bill in violation of clause 2 of So it leaves me no recourse but to ob- may be credited to this appropriation funds Rule XXI of the Rules of the House. ject on this point of order. received from States, counties, municipali- This provision is legislation on an ap- Mr. COBURN. Mr. Chairman, I make ties, other public authorities, and private propriations bill because it provides a point of order. sources, for expenses incurred in the estab- funding for FAA operations solely from lishment and modernization of air naviga- The CHAIRMAN. The gentleman will tion facilities: Provided further, That upon the Airport and Airway Trust Fund. state his point of order. initial submission to the Congress of the fis- Funding the program entirely out of Mr. COBURN. Mr. Chairman, I make cal year 2001 President’s budget, the Sec- the Trust Fund has the effect of chang- a point of order against provisions of retary of Transportation shall transmit to ing existing law, which precludes fund- the bill and would request that the the Congress a comprehensive capital investing from the Trust Fund in a fiscal point of order that the gentleman from ment plan for the Federal Aviation Adminis- year unless a general fund component Pennsylvania (Mr. SHUSTER) just made tration which includes funding for each has been included and, therefore, con- be expanded to include starting on page budget line item for fiscal years 2001 through stitutes legislation on an appropria- 2005, with total funding for each year of the 10, line 17 and include through page 13, plan constrained to the funding targets for tions bill. line 13. those years as estimated and approved by My point of order would strike the The Federal Aviation Administration the Office of Management and Budget: Pro- provision which makes the source of operations are unauthorized. They vided further, That none of the funds in this funding for FAA operations, the Air- have never been authorized by this Act may be used for the Federal Aviation port and Aviation Trust Fund, but Congress and, therefore, are in viola- Administration to enter into a capital lease leaves the overall funding level for tion of clause 2, rule XXI prohibiting agreement unless appropriations have been FAA operations in place. This would the expenditure of funds for programs provided to fully cover the Federal Govern- have the effect of making all funding ment’s contingent liabilities at the time the not authorized by law. lease agreement is signed. provided for FAA operations from the Mr. Chairman, I ask for a ruling of POINT OF ORDER General Fund. the Chair. Mr. SHUSTER. Mr. Chairman, I Mr. Chairman, I want to strongly em- The CHAIRMAN. Is there any other make a point of order. phasize that it is not my intention that Member who wishes to be heard on the The CHAIRMAN. The gentleman will all FAA operations funding should point of order? come from the general fund. My goal is state his point of order. Mr. WOLF. Mr. Chairman, we con- Mr. SHUSTER. Mr. Chairman, I rise that the FAA operations funding cede the point of order. to a point of order against the phrase should be from both the Trust Fund The CHAIRMAN. The Chair is then ‘‘notwithstanding any other provision and the General Fund at levels con- prepared to rule on the points of order. of law’’ on page 13, line 16, on the sistent with the levels determined by The language identified by the point grounds that it is legislation on an ap- the House last week in AIR 21. There, of order provides that the amendment propriations bill and violates clause 2 the House overwhelmingly, by a vote of appropriated in the pending paragraph of Rule XXI of the Rules of the House. 316-to-110, and I might add with 67 per- be derived from the Airport and Airway This phrase has long been recognized cent of the Republicans voting in favor Trust Fund. In the absence of any pro- as legislative in nature and has the ef- of it, passed the bill which provided a vision of existing law to support the in- fect of waiving all other legislative general fund component for FAA oper- clusion of that language in a general constraints on the provision of funds ations. By contrast, the appropriations appropriation bill, the language con- for FAA facilities and equipment. bill being considered today provides no stitutes legislation in violation of I would emphasize, Mr. Chairman, general fund component at all, thereby clause 2 of Rule XXI. that there are approximately 35 legisla- ignoring the overwhelming will of the The point of order is sustained. tive provisions in this appropriations House just last week. In response to the point of order of bill. We were not consulted on any of However, I would certainly acknowl- the gentleman from Oklahoma (Mr. them. Had we been, we might have edge that it ultimately would be irre- COBURN), the entire paragraph from been able to work out many of these sponsible to eliminate all funding for line 17 on page 10 through line 13 on points. Nevertheless, we will not be ob- FAA operations, which would mean no page 13 is stricken from the bill unau- jecting to a majority of these legisla- funding for important services such as thorized. tive provisions, even though we were flight safety inspectors and the air Are there any amendments to this not consulted on them. Indeed, had we traffic control system. portion of the bill? been consulted, I believe we could have I had intended to cure this problem The Clerk will read. worked out many of them. of having all FAA operation funding The Clerk read as follows: So I insist upon my point of order on coming from the general fund by offer- FACILITIES AND EQUIPMENT this particular matter at this time. ing an amendment to restore the levels (AIRPORT AND AIRWAY TRUST FUND) Mr. WOLF. Mr. Chairman, we con- of Trust Fund and General Fund spend- Notwithstanding any other provision of cede the point of order. ing for FAA operations to the levels law, for necessary expenses, not otherwise The CHAIRMAN. The point of order that were overwhelmingly approved by provided for, for acquisition, establishment, is conceded and sustained, and the de- this House last week in AIR 21. Unfor- and improvement by contract or purchase, scribed language is stricken from the tunately, my friends on the Appropria- and hire of air navigation and experimental bill. tions Committee objected to making facilities and equipment as authorized under The Clerk will read. this amendment in order, even though part A of subtitle VII of title 49, United The Clerk read as follows: the House had overwhelmingly ex- States Code, including initial acquisition of necessary sites by lease or grant; engineer- RESEARCH, ENGINEERING, AND DEVELOPMENT pressed its will just last week. (AIRPORT AND AIRWAY TRUST FUND) I regret having to take this action, ing and service testing, including construction of test facilities and acquisition of nec- Notwithstanding any other provision of and I still would be amenable to agree- essary sites by lease or grant; and construc- law, for necessary expenses, not otherwise ing on an amendment that would re- tion and furnishing of quarters and related provided for, for research, engineering, and store the balance between General accommodations for officers and employees development, as authorized under part A of Fund spending and Trust Fund spend- of the Federal Aviation Administration sta- subtitle VII of title 49, United States Code,

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 14004 CONGRESSIONAL RECORD—HOUSE June 23, 1999 including construction of experimental fa- Third, there is no longer any pressure on Now, this bill, because of the T–21 cilities and acquisition of necessary sites by the existing discretionary spending caps to program, has been stripped of a lot of lease or grant, $173,000,000, to be derived from fund increased highway trust fund spending. its ability to fund other transportation the Airport and Airway Trust Fund and to Without a doubt, if these new highway and projects. In this bill, some of those remain available until September 30, 2002: Provided, That there may be credited to this transit firewalls had not been created, there other transportation projects are Am- appropriation funds received from States, would have been inordinate pressure within trak, which is funded at only $570 mil- counties, municipalities, other public au- the existing caps to increase trust fund spend- lion, but the United States Coast thorities, and private sources, for expenses ing above FY 1998 levels. Guard, which was funded at approxi- incurred for research, engineering, and de- Fourth, because of differences in CBO’s and mately $4 billion. velopment. OMB’s scoring of the discretionary cap adjust- Now, in an attempt to reduce the GRANTS-IN-AID FOR AIRPORTS ments an extra $900 million of outlays was overall cost of this bill, we could have (LIQUIDATION OF CONTRACT AUTHORIZATION) added to the Appropriations Committee’s 302 gone to Amtrak. But to arrive at a (AIRPORT AND AIRWAY TRUST FUND) allocation for FY 1999. number that we thought we should ar- Notwithstanding any other provision of Over the next five years, the effect of this rive at, we would have to basically law, for liquidation of obligations incurred adjustment is between $4 and $5 billion. wipe out Amtrak, and I do not think for grants-in-aid for airport planning and de- The fact is that TEA–21 made more funds that most of the Members of the House velopment, and for noise compatibility plan- available for remaining discretionary programs. want to do that. ning and programs as authorized under sub- If certain non-firewall transportation programs In addition, we could go deeply into chapter I of chapter 471 and subchapter I of remain underfunded, the cause is not TEA–21, the Coast Guard budget, but the Coast chapter 475 of title 49, United States Code, but rather decisions by the appropriators to Guard budget is already inadequate, and under other law authorizing such obliga- spend the money elsewhere. tions, $1,867,000,000, to be derived from the and it is recognized by this bill that it Airport and Airway Trust Fund and to re- Finally, the argument that other transpor- is inadequate by assuming that part of main available until expended: Provided, tation programs are underfunded because the the Coast Guard funding will be taken That none of the funds in this Act shall be appropriators cannot reduce firewalled spend- up by another subcommittee. available for the planning or execution of ing to increase other, general fund programs Now, that has happened in the past, programs the obligations for which are in ex- has already been rejected by the Congress and we have done that, and we have cess of $2,250,000,000 in fiscal year 2000 for and the President. done it fairly successfully. But what grants-in-aid for airport planning and devel- The sole purpose of the firewalls—which I opment, and noise compatibility planning the Members need to know is that the remain my colleagues was a compromise from Coast Guard as it went to war in and programs, notwithstanding section the House position of taking the highway trust 47117(h) of title 49, United States Code. Kosovo, and regardless of where that fund off-budget—was to guarantee that future POINT OF ORDER war stands today, the Coast Guard gasoline taxes are spent for their intended went to war. They were there. They Mr. SHUSTER. Mr. Chairman, I purposes. make a point of order. sent three ships. They did not get any TEA–21 settled for once and for all that this extra money in the supplemental that The CHAIRMAN. The gentleman will Congress will no longer continue the charade state his point of order. we provided for the other services, ex- of masking the size of general fund spending cept to bring their pay raise situation Mr. SHUSTER: Mr. Chairman, I rise through raiding the Highway Trust Fund. to a point of order against the phrase, into line with the other uniformed AMENDMENT OFFERED BY MR. YOUNG OF military services. ‘‘notwithstanding any other provision FLORIDA. Mr. Chairman, we cannot afford to be of law’’ on page 15, line 20 on the Mr. YOUNG of Florida. Mr. Chair- cutting into the Coast Guard’s ability grounds that it is legislation on an ap- man, I offer an amendment. propriations bill and violates clause 2 The CHAIRMAN. The Clerk will des- to do search and rescue missions. We of Rule XXI of the rules of the House. ignate the amendment. cannot afford to cut into the Coast This phrase has long been recognized The text of the amendment is as fol- Guard’s ability to do drug interdiction. as legislative in nature and has the ef- lows: We cannot afford to cut into the Coast fect of waiving all legislative con- Amendment offered by Mr. YOUNG of Flor- Guard’s ability to do port security and straints on the provision of liquidating ida: other responsibilities they have with cash from the airport and airways Page 16, after line 8, insert the following: seaports, not only in the United States, Trust Fund for aviation improvement GRANTS-IN-AID FOR AIRPORTS but in other parts of the world. So in program grants. (AIRPORT AND AIRWAY TRUST FUND) order to get to the level that we Mr. WOLF. Mr. Chairman, we con- (RESCISSION OF CONTRACT AUTHORIZATION) thought was more acceptable to the cede the point of order. Of the obligated balances authorized under House, we offer this amendment, $300 The CHAIRMAN. The point of order section 48103 of title 49, United States Code, million. And the $300 million is just is conceded and sustained, and the de- $300,000,000 are rescinded. coming out of funds that are not going scribed language is stricken from the Mr. YOUNG of Florida. Mr. Chair- to be obligated over the next year any- bill. man, this is an amendment that is au- way for the most part. Mr. SHUSTER. Some have argued that the thorized by the rule and it is an amend- So I would suggest to my colleagues TEA–21 highway and transit firewalls some- ment to reduce the unobligated bal- that this is a good amendment. This how have caused the appropriators to ances in the FAA airport improvement makes this good bill even better, and I underfund other discretionary spending. This program by $300 million. Because of a would hope that the Members would be is false. The truth is that TEA–21 provided limitation on obligations, most of willing to accept this amendment and more, not less, funds for remaining discre- these funds would not be obligated over move on to further consideration of the tionary appropriations. the next year, so we estimate that the bill. First, all the increased spending for the impact on the program will be rel- Mr. SHUSTER. Mr. Chairman, I move highway and transit firewalls was fully re- atively minor. to strike the last word. flected in the firewalls and fully offset by other The obligation limitation in the bill Mr. Chairman, I would agree with my saving provisions in TEA–21. for fiscal year 2000 will remain at $2.25 friend that this is a good bill; while I Second, the current, overall discretionary billion, which we believe will provide do not think anybody would agree with spending caps were only adjusted downward adequately for our Nation’s airports. every sentence in it, I agree it is a good by the amount of highway and transit spend- Mr. Chairman, this bill is a good bill, bill. I support the bill. ing provided in 1998. and it has been worked out by the sub- Further, I would say that my good In other words, existing discretionary spend- committee and the full committee to friend, the gentleman from Florida ing was not reduced by the amount of firewall bring to the floor under a pretty good (Mr. YOUNG) and his people did consult spending, but rather by the amount that the bipartisan agreement. But we were able with us on this particular amendment appropriations had previously provided for FY to reduce this $300 million without hav- and we agree with him, even though 1998. ing a severe impact on the programs. this is legislation on an appropriations

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14005 bill, we do agree with him on this, and really lay out what the reality is. We Mr. COBURN. Mr. Chairman, I move so we support him in this effort. are being asked to believe that some- to strike the requisite number of I also must add that with regard to how, because of the tiny cut that was words. T–21, T–21 took absolutely no money made in the legislative appropriations Mr. Chairman, I think it is very im- from Amtrak. T–21 took absolutely no bill and the tiny cut that was made in portant that the American public know money from the Coast Guard. T–21 the agriculture bill and now the tiny that every Member of this House voted funding was all offset, even the general cut which is being offered in this bill, for a budget resolution that would not portion part of it. So I would respect- that somehow some progress is being touch social security money. Only two fully say it is a red herring to talk in made by this Congress in reaching or in Members of this House voted for the terms of T–21 being a culprit in terms producing appropriation bills which President’s budget, which said that we of causing limited funding for other will be passable and signable by the have to spend some social security provisions. President. money. That having been said as an aside, I In fact, that is not the case at all. Having said that, to me actually the come back to the main issue here This chart shows what I mean. Because savings thus far are $170 million. To which is the amendment which is be- the majority party has made a decision most people in Oklahoma and the rest fore us. I thank the gentleman for con- to increase the military budget by of the country, $170 million saved is a sulting with us on this amendment. We about $19 billion, the fact is that they lot of money. I know it is not here in Washington, but to those who are actu- agree with him, and we support his have produced cuts on the domestic ally paying the taxes, $170 million is a amendment. side of the ledger in their 302 alloca- lot of money. b 1215 tions, as they are known in the budget. I think we as a House have to tell the Mr. SABO. Mr. Chairman, I move to They have produced cuts which total American public either we meant what strike the requisite number of words. almost $40 billion below last year’s we said when we voted on our respec- Mr. Chairman, this is one of these budget, adjusted for inflation. tive budgets that we would not spend amendments and one of these proposals We are being asked to believe that social security money, and I would we seem to have seen regularly this these bills are going to be made pass- note for the RECORD that the gen- session, like we had on the emergency able by the tiny cuts that were made in tleman from Minnesota (Mr. SABO) did supplemental. It is a pretend that we the legislative branch, the agriculture in fact vote for his party’s budget and are cutting when in fact we are not. branch, and now this bill today, when did not vote for the President’s budget; The amendment really does not do in fact if we total up all the cuts made that in fact, then, if Members say any damage to the bill, because it does so far by the majority party in re- something, i.e., we are not going to not cut any money that we were plan- sponse to the demands of the spend social security money, regardless ning to spend in the year 2000. It does hardliners and their caucus, this is all of how hard it is and regardless of how not provide any outlay savings. It does that we fill up the thermometer with. tough a job it is, that we ought to not complicate the AIP program As we can see, the amount of money make every effort in good faith to try through August 6. I assume that pro- represented by those cuts is so small it to do that. gram will eventually be extended, at is virtually impossible to see unless The gentleman makes some real which point new contract authority one is standing next to it, as I am. So points. I would tend to agree with him. will be given to fund it throughout the we are being asked to believe that this I do not think we will pass a bill in balance of the fiscal year. amendment today will actually con- Labor-HHS with those kinds of cuts. So it is one of these amendments, if tribute in any meaningful way to sav- But I think it is entirely possible that it makes someone feel good, I guess ings, and in fact it does not. we can pass a Labor-HHS bill that has that is a plus. But it is also one of our The fact is that the majority party $700 million or $800 million or $900 mil- pretend schemes which really is not and elements in this caucus can con- lion less because we are obligated to do doing anything. tinue to deny that they are in denial if that, recognizing that any money that Mr. OBEY. Mr. Chairman, I move to they want, but the fact is that in order we spend above our level target of $438 strike the requisite number of words. to be able to pass all 13 appropriation billion will in fact come from social se- Mr. Chairman, this bill was developed bills, they are going to have to do curity money. by an appropriations subcommittee in something besides pretending that Mr. Chairman, the gentleman has an attempt to represent all of the ele- these tiny little cuts will fill up this great experience in the appropriations ments of the House. After months of bottle, in the end. process. I understand that. But I also hearings and weeks of negotiations, understand that it is time for us to do The fact is that this House is not that subcommittee was able to produce what we say we are going to do. That going to vote for a labor-health-edu- a bipartisan product. Nobody got what means honoring our commitment and cation appropriation bill which is $10 they wanted, but it was a reasonable making sure that when we vote for to $12 billion below last year’s level in compromise. something, we mean it. Now, once again, we are faced with terms of current services. This House is It is fine if we all want to disavow the fact that the chairman of the com- not going to vote for funding for EPA the votes on the budgets, the respec- mittee has been forced to unilaterally and HUD and veterans benefits. They tive votes on the budgets. I do not in- attempt to alter a bill which had been are not going to vote for a bill which tend to do that. Yes, I am part of that put together originally in a bipartisan takes those programs down $6 billion portion of the Republican conference manner. to $8 billion below current services. that, number one, believes that the We have seen the chairman come to So we are going to continue to come government is too big; number two, be- the floor and amend the agriculture out here with these tiny little amend- lieves if we tell people we are not going bill. We have seen the chairman come ments pretending that some progress is to spend social security, we should not to the floor and amend the legislative being made, when in fact the gap be- do it, and which should die trying not branch bill. In his defense, he is not tween the rhetoric and the reality is to spend their money. We can do that. doing that because he wants to start a the gap between the top level of this This amendment that is before us fight. He has done it because he has little amount of red in the bottom of will delay the expenditure of money. been instructed, apparently by his the thermometer up to the top of the No, it does not save any money right leadership, to change the funding level thermometer. now, but it will delay the spending of in these bills in order to satisfy a When the Majority gets real, when the money. In Washington, if we can hardline element within the caucus of you get into this range, let us know. delay spending money, we may be able the majority party. Until then, there is not a whole lot to get better at not spending it. They have a perfect right to do that that the minority can do to help the Mr. OBEY. Mr. Chairman, will the if they want, but I think we need to other side. gentleman yield?

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 14006 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Mr. COBURN. I yield to the gen- But the assumption we are going to ered but CBO does not find these agree- tleman from Minnesota. pass a bill that has $19 billion in in- ments convincing. Mr. OBEY. I thank the gentleman for creased defense spending, I do not Certainly this amendment is less yielding, Mr. Chairman. Just three think that is a true assumption. painful, as the gentleman from Florida points, Mr. Chairman. So I am willing to work with any- (Mr. YOUNG) than cuts to the Coast First, I am not from Minnesota. The body that will help me fund Labor-HHS Guard drug interdiction, which both gentleman from Minnesota (Mr. SABO) adequately. sides want; the FAA, and other pro- is from Minnesota. The CHAIRMAN. The time of the grams. This is precisely the responsible Secondly, it was not this Member gentleman from Oklahoma (Mr. action to take. that voted for the Republican propo- COBURN) has expired. Let me just say one other thing that sition to move $19 billion out of domes- (By unanimous consent, Mr. COBURN I just thought of when I was listening tic funds into the military budget. was allowed to proceed for 1 additional to the gentleman from Oklahoma (Mr. That has nothing whatsoever to do minute.) COBURN). I think this is all going to with saving money for social security, Mr. COBURN. Mr. Chairman, I am work out. it has a lot to do with priorities. willing to work with anyone that will I did not support the amendments Thirdly, I would simply make the help us fund veterans affairs appro- that the gentleman offered to the agri- point, the gentleman has misstated my priately, that will help us make appro- culture bill, but I think I would be less votes. He has said that I had voted for priate judgments in all the other areas than honest if I did not say that the the Democratic alternative on the where we are worried about the bal- gentleman has been courageous and budget. The fact is that when we voted, ances and the targets that have been has come here to propose and to argue I took the well of the floor and I stated set. for his point of view. Everyone ought that I voted for that amendment only One of the ways to do that is to make to have the ability to come here and as a substitute for the Republican sure we do not spend money in these make their case. He has made his case amendment, but that I would vote early bills that we do not have to. If we I think in a fair, fair way. I did not against both on final passage because I can take $300 million or $570 million, vote that way. But I think this process felt that neither reflected reality. I which is my goal for this bill, and move has come together. I think he has actu- still feel that way. towards it, that is a half a billion. ally been helpful on this bill. Mr. COBURN. I thank the gentleman. In Oklahoma half a billion dollars is I think the gentleman from Florida I stand corrected. a lot of money. (Mr. YOUNG) has been very, very faith- Mr. YOUNG of Florida. Mr. Chair- The CHAIRMAN. The time of the ful in trying to keep to the numbers. I man, will the gentleman yield? gentleman from Oklahoma (Mr. think it will come together with the Mr. COBURN. I yield to the gen- COBURN) has expired. other side of the aisle whereby we can tleman from Florida. (On request of Mr. OBEY, and by pass these appropriation bills, spending Mr. YOUNG of Florida. I thank the unanimous consent, Mr. COBURN was as little as possible, with integrity and gentleman for yielding. allowed to proceed for 30 additional faithfulness to the American people, Mr. Chairman, I want to agree with seconds.) recognizing the difference in views that what the gentleman from Wisconsin Mr. OBEY. Mr. Chairman, will the we may have. The gentleman from (Mr. OBEY) said and what the gen- gentleman yield? Florida (Mr. YOUNG) is committed to tleman from Oklahoma (Mr. COBURN) Mr. COBURN. I yield to the gen- doing that just as the gentleman from said and just make one further com- tleman from Wisconsin. Oklahoma (Mr. COBURN) is. ment on the chart of the gentleman Mr. OBEY. Mr. Chairman, I would b 1230 from Wisconsin. simply say that the idea that somehow It takes a lot of courage to kind of do There is another number that should social security is going to be saved be- what the gentleman from Oklahoma have been on there. That is the agreed- cause out of a gap of anywhere from $25 (Mr. COBURN) has done. Although I upon budget as established in 1997, billion to $35 billion these cuts are have not, and he knows that I have not, which would be $17 billion below the going to save the grand total of almost agreed, there is a great quote, and I do lowest number that the chart of the $300 million is patently preposterous. not have it with me, but I use it in gentleman from Wisconsin (Mr. OBEY) That does not begin to save either so- speeches that I give. It was a quote by showed. cial security or provide a rational bal- Bobby Kennedy that he gave in South Whether we like it or not, everybody ance of priorities within accounts in Africa to a group of students in 1966. It has pretty much signed off on that the appropriation bill. is a profound speech that moves me number. That is the number we are So I would simply suggest this debate every time that I read it, where he working to, and not to the $25 billion has nothing to do with social security. talks about moral courage and timid- or the other. It has a whole lot to do with spending ity and to brave the censure of your Mr. COBURN. Reclaiming my time, priorities. colleagues. The gentleman from Okla- Mr. Chairman, there are three prin- I would also add, in disagreement homa (Mr. COBURN) has done that. ciples. with the gentleman from Florida, not Again, I feel an obligation to say I did One is that almost every Member of all of us did sign onto that budget deal not vote for those amendments, but the House, and in one way or another 2 years ago. At the time I called it a one has to respect that, and one has to every Member of the House, has cast a giant ‘‘Public Fib,’’ and I still regard it admire that. vote to not spend social security as being such, as the numbers in that I respect the gentleman from Florida money. chart demonstrate. (Mr. YOUNG) in what he is doing. I hope Number two, we do have a 1997 budg- Mr. WOLF. Mr. Chairman, I move to that we can work together to pass bills et agreement that is law that the strike the requisite number of words. in a way in which we all can be proud. President has already said he is not Mr. Chairman, just a couple of The CHAIRMAN. The question is on going to follow, but that does not mean points. Mr. Chairman, with regard to the amendment offered by the gen- we should not. this amendment, this $300 million re- tleman from Florida (Mr. YOUNG). Number three, one of our obligations duction is a cut in budget authority The amendment was agreed to. as Members of this body is to rebuild currently available to the FAA. The CHAIRMAN. The Clerk will read. confidence in it, not to tear it down. If Just a few minutes ago, or now prob- The Clerk read as follows: we say we are not going to touch social ably a half-hour ago, the CBO re- FEDERAL HIGHWAY ADMINISTRATION security money, then we ought to affirmed to the staff that this bill will LIMITATION ON ADMINISTRATIVE EXPENSES make the effort. result in savings. Apparently others Necessary expenses for administration and Finally, I would say $170 million is have raised technical points over the operation of the Federal Highway Adminis- not much. We have a long ways to go. last days as to what CBO has consid- tration, not to exceed $356,380,000, shall be

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14007

paid in accordance with law from appropria- 23, U.S.C., that are attributable to Federal- OPERATIONS AND RESEARCH tions made available by this Act to the Fed- aid highways, including the National Scenic (LIQUIDATION OF CONTRACT AUTHORIZATION) eral Highway Administration together with and Recreational Highway as authorized by (LIMITATION ON OBLIGATIONS) advances and reimbursements received by 23 U.S.C. 148, not otherwise provided, includ- the Federal Highway Administration: Pro- ing reimbursement for sums expended pursu- (HIGHWAY TRUST FUND) vided, That $70,484,000 shall be available to ant to the provisions of 23 U.S.C. 308, Notwithstanding any other provision of carry out the functions and operations of the $26,125,000,000 or so much thereof as may be law, for payment of obligations incurred in office of motor carriers. available in and derived from the Highway carrying out the provisions of 23 U.S.C. 403, LIMITATION ON TRANSPORTATION RESEARCH Trust Fund, to remain available until ex- to remain available until expended, Necessary expenses for transportation re- pended. $72,000,000, to be derived from the Highway search of the Federal Highway Administra- POINT OF ORDER Trust Fund: Provided, That none of the funds tion, not to exceed $422,450,000 shall be paid Mr. SHUSTER. Mr. Chairman, I rise in this Act shall be available for the plan- in accordance with law from appropriations on a point of order against the phrase ning or execution of programs the total obli- made available by this Act to the Federal gations for which, in fiscal year 2000 are in ‘‘notwithstanding any other provision excess of $72,000,000 for programs authorized Highway Administration: Provided, That this of law’’ on page 17, line 14 on the limitation shall not apply to any authority under 23 U.S.C. 403. grounds that it is legislation on an ap- previously made available for obligation. POINT OF ORDER propriations bill and violates clause 2 FEDERAL-AID HIGHWAYS Mr. SHUSTER. Mr. Chairman, I rise (LIMITATION ON OBLIGATIONS) of rule XXI of the rules of the House. This phrase has long been recognized on a point of order against the phrase (HIGHWAY TRUST FUND) as legislative in nature and has the ef- ‘‘notwithstanding any provision of None of the funds in this Act shall be law’’ on page 19, line 5 on the same available for the implementation or execu- fect of waiving all legislative constraints on the provisions of liqui- grounds that I have previously stated. tion of programs, the obligations for which Mr. WOLF. Mr. Chairman, we con- are in excess of $27,701,350,000 for Federal-aid dating cash from the highway trust highways and highway safety construction fund for the Federal Aid Highway Pro- cede the point of order. programs for fiscal year 2000. gram. The CHAIRMAN. The point of order Mr. SABO. Mr. Chairman, I move to Mr. WOLF. Mr. Chairman, we con- is conceded and sustained, and the de- strike the last word. cede the point of order. scribed language is stricken from the I yield to the gentleman from Maine The CHAIRMAN. The point of order bill. (Mr. BALDACCI) for the purpose of a col- is conceded and sustained, and the de- The Clerk will read. loquy. scribed language is stricken from the The Clerk read as follows: Mr. BALDACCI. Mr. Chairman, I bill. NATIONAL DRIVER REGISTER thank the gentleman from Minnesota The Clerk will read. (HIGHWAY TRUST FUND) (Mr. SABO) for yielding to me, and I The Clerk read as follows: For expenses necessary to discharge the thank him for extending this courtesy. MOTOR CARRIER SAFETY GRANTS functions of the Secretary with respect to Mr. Chairman, we have an unusual (LIQUIDATION OF CONTRACT AUTHORIZATION) the National Driver Register under chapter situation in Maine where the weight (HIGHWAY TRUST FUND) 303 of title 49, United States Code, $2,000,000, limit on trucks that are traveling Notwithstanding any other provision of to be derived from the Highway Trust Fund through Maine is much lower than it is law, for payment of obligations incurred in and to remain available until expended. in the surrounding States and in the carrying out 49 U.S.C. 31102, $105,000,000, to HIGHWAY TRAFFIC SAFETY GRANTS provinces in Canada. be derived from the Highway Trust Fund and (LIQUIDATION OF CONTRACT AUTHORIZATION) to remain available until expended: Provided, Presently in the surrounding States, (LIMITATION ON OBLIGATIONS) That none of the funds in this Act shall be in New Hampshire, New York, and Mas- (HIGHWAY TRUST FUND) sachusetts and in Eastern Canada and available for the implementation or execution of programs the obligations for which Notwithstanding any other provision of the provinces is in excess of 100,000 are in excess of $105,000,000 for ‘‘Motor Car- law, for payment of obligations incurred in pound trucks. In the State of Maine, rier Safety Grants’’. carrying out the provisions of 23 U.S.C. 402, because of the Federal Highway Ad- POINT OF ORDER 405, 410, and 411, to remain available until ex- ministration and a weight limitation of Mr. SHUSTER. Mr. Chairman, I rise pended, $206,800,000, to be derived from the 80,000 pounds on the interstate system, on a point of order against the phrase Highway Trust Fund: Provided, That none of it has forced the State of Maine trucks the funds in this Act shall be available for ‘‘notwithstanding any other provision the planning or execution of programs the and the trucks coming in from the sur- of law’’ at page 18, line 4 on the same rounding communities to have to go on total obligations for which, in fiscal year grounds that I have previously stated. 2000, are in excess of $206,800,000 for programs State and local roads. Mr. WOLF. Mr. Chairman, we con- This has created a tremendous safety authorized under 23 U.S.C. 402, 405, 410, and cede the point of order. 411, of which $152,800,000 shall be for ‘‘High- problem on our roads. We have had The CHAIRMAN. The point of order way Safety Programs’’ under 23 U.S.C. 402, deaths and tragedies and accidents be- is conceded and sustained, and the de- $10,000,000 shall be for ‘‘Occupant Protection cause of these heavy trucks being scribed language is stricken from the Incentive Grants’’ under 23 U.S.C. 405, forced to use State and local roads be- bill. $36,000,000 shall be for ‘‘Alcohol-Impaired cause of these inequities and those ex- The Clerk will read. Driving Countermeasures Grants’’ under 23 emptions that have been given around The Clerk read as follows: U.S.C. 410, $8,000,000 shall be for the ‘‘State Maine and through the provinces. Highway Safety Data Grants’’ under 23 NATIONAL HIGHWAY TRAFFIC SAFETY U.S.C. 411: Provided further, That none of I solicit the help and want to work ADMINISTRATION together with the gentleman from Min- these funds shall be used for construction, OPERATIONS AND RESEARCH rehabilitation, or remodeling costs, or for of- nesota (Mr. SABO) to see if we can look For expenses necessary to discharge the fice furnishings and fixtures for State, local, into this and try to resolve this in a functions of the Secretary, with respect to or private buildings or structures: Provided fair and equitable manner. traffic and highway safety under chapter 301 further, That not to exceed $7,500,000 of the Mr. SABO. Mr. Chairman, I thank of title 49, U.S.C., and part C of subtitle VI funds made available for section 402, not to the gentleman from Maine for his pres- of title 49, U.S.C., $87,400,000 of which exceed $500,000 of the funds made available entation. It is a new problem, and we $62,928,000 shall remain available until Sep- for section 405, not to exceed $1,750,000 of the will try and work with the gentleman tember 30, 2002: Provided, That none of the funds made available for section 410, and not in the future. funds appropriated by this Act may be obli- to exceed $223,000 of the funds made available The CHAIRMAN. The Clerk will read. gated or expended to plan, finalize, or imple- for section 411 shall be available to NHTSA The Clerk read as follows: ment any rulemaking to add to section for administering highway safety grants 575.104 of title 49 of the Code of Federal Reg- under Chapter 4 of title 23, U.S.C.: Provided FEDERAL-AID HIGHWAYS ulations any requirement pertaining to a further, That not to exceed $500,000 of the (LIQUIDATION OF CONTRACT AUTHORIZATION) grading standard that is different from the funds made available for section 410 ‘‘Alco- (HIGHWAY TRUST FUND) three grading standards (treadwear, traction, hol-Impaired Driving Countermeasures Notwithstanding any other provision of and temperature resistance) already in ef- Grants’’ shall be available for technical as- law, for carrying out the provisions of title fect. sistance to the States.

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POINT OF ORDER CAPITAL GRANTS TO THE NATIONAL RAILROAD Federal Transit Administration’s job access Mr. SHUSTER. Mr. Chairman, I rise PASSENGER CORPORATION and reverse commute grants program: Pro- on a point of order against the phrase For necessary expenses of capital improve- vided further, That $1,960,800,000 shall be paid ‘‘notwithstanding any other provision ments of the National Railroad Passenger to the Federal Transit Administration’s Cap- ital Investment Grants account. of law’’ on page 19, line 25 on the same Corporation as authorized by 49 U.S.C. 24104(a), $570,976,000 to remain available until POINT OF ORDER grounds that I have previously stated. expended: Provided, That the Secretary shall Mr. SHUSTER. Mr. Chairman, I rise Mr. WOLF. Mr. Chairman, we con- not obligate more than $228,400,000 prior to on a point of order against the phrase cede the point of order. September 30, 2000. ‘‘notwithstanding any other provision The CHAIRMAN. The point of order FEDERAL TRANSIT ADMINISTRATION of law’’ on page 25, line 9 on the same is conceded and sustained, and the de- ADMINISTRATIVE EXPENSES grounds that I have previously stated. scribed language is stricken from the For necessary administrative expenses of Mr. WOLF. Mr. Chairman, I concede bill. the Federal Transit Administration’s pro- the point of order. The Clerk will read. grams authorized by chapter 53 of title 49, The CHAIRMAN. The point of order The Clerk read as follows: United States Code, $12,000,000: Provided, is conceded and sustained, and the de- FEDERAL RAILROAD ADMINISTRATION That no more than $60,000,000 of budget au- scribed language is stricken from the thority shall be available for these purposes: SAFETY AND OPERATIONS Provided further, That of the funds in this bill. For necessary expenses of the Federal Rail- Act available for the execution of contracts The Clerk will read. road Administration, not otherwise provided under section 5327(c) of title 49, United The Clerk read as follows: for, $94,448,000, of which $6,800,000 shall re- States Code, $800,000 shall be transferred to CAPITAL INVESTMENT GRANTS main available until expended: Provided, the Department of Transportation Inspector (INCLUDING TRANSFER OF FUNDS) That, as part of the Washington Union Sta- General for costs associated with the audit For necessary expenses to carry out 49 tion transaction in which the Secretary as- and review of new fixed guideway systems. U.S.C. 5308, 5309, 5318, and 5327, $490,200,000, to sumed the first deed of trust on the property FORMULA GRANTS remain available until expended: Provided, and, where the Union Station Redevelop- For necessary expenses to carry out 49 That no more than $2,451,000,000 of budget ment Corporation or any successor is obli- U.S.C. 5307, 5308, 5310, 5311, 5327, and section authority shall be available for these pur- gated to make payments on such deed of 3038 of Public Law 105–178, $619,600,000, to re- poses: Provided further, That there shall be trust on the Secretary’s behalf, including main available until expended: Provided, available for fixed guideway modernization, payments on and after September 30, 1988, That no more than $3,098,000,000 of budget $980,400,000; there shall be available for the the Secretary is authorized to receive such authority shall be available for these pur- replacement, rehabilitation, and purchase of payments directly from the Union Station poses. buses and related equipment and the con- Redevelopment Corporation, credit them to struction of bus-related facilities, UNIVERSITY TRANSPORTATION RESEARCH the appropriation charged for the first deed $490,200,000; and there shall be available for of trust, and make payments on the first For necessary expenses to carry out 49 new fixed guideway systems, $980,400,000, to deed of trust with those funds: Provided fur- U.S.C. 5505, $1,200,000, to remain available be available as follows: ther, That such additional sums as may be until expended: Provided, That no more than $10,400,000 for Alaska or Hawaii ferry necessary for payment on the first deed of $6,000,000 of budget authority shall be avail- projects; trust may be advanced by the Administrator able for these purposes. $45,142,000 for the Atlanta, Georgia, North from unobligated balances available to the TRANSIT PLANNING AND RESEARCH line extension project; Federal Railroad Administration, to be reim- For necessary expenses to carry out 49 $5,000,000 for the Baltimore central LRT bursed from payments received from the U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), double track project; Union Station Redevelopment Corporation. 5314, 5315, and 5322, $21,000,000, to remain $4,000,000 for the Canton-Akron-Cleveland RAILROAD RESEARCH AND DEVELOPMENT available until expended: Provided, That no commuter rail project; For necessary expenses for railroad re- more than $107,000,000 of budget authority $3,000,000 for the Charlotte, North Carolina, search and development, $21,300,000, to re- shall be available for these purposes: Pro- north-south corridor transitway project; main available until expended. vided further, That $5,250,000 is available to $25,000,000 for the Chicago METRA com- provide rural transportation assistance (49 muter rail project; RAILROAD REHABILITATION AND IMPROVEMENT U.S.C. 5311(b)(2)); $4,000,000 is available to $2,000,000 for the Chicago Transit Author- PROGRAM carry out programs under the National Tran- ity Douglas branch line project; The Secretary of Transportation is author- sit Institute (49 U.S.C. 5315); $8,250,000 is $2,000,000 for the Chicago Transit Author- ized to issue to the Secretary of the Treas- available to carry out transit cooperative re- ity Ravenswood branch line project; ury notes or other obligations pursuant to search programs (49 U.S.C. 5313(a)); $49,632,000 $2,000,000 for the Cincinnati northeast/ section 512 of the Railroad Revitalization is available for metropolitan planning (49 northern Kentucky corridor project; and Regulatory Reform Act of 1976 (Public U.S.C. 5303, 5304, and 5305); $10,368,000 is avail- $2,000,000 for the Clark County, Nevada, Law 94–210), as amended, in such amounts able for state planning (49 U.S.C. 5313(b)); fixed guideway project; and at such times as may be necessary to and $29,500,000 is available for the national $1,000,000 for the Cleveland Euclid corridor pay any amounts required pursuant to the planning and research program (49 U.S.C. improvement project; guarantee of the principal amount of obliga- 5314). $1,000,000 for the Colorado Roaring Fork tions under sections 511 through 513 of such TRUST FUND SHARE OF EXPENSES Valley project; Act, such authority to exist as long as any $35,000,000 for the Dallas north central (LIQUIDATION OF CONTRACT AUTHORIZATION) such guaranteed obligation is outstanding: light rail extension project; Provided, That pursuant to section 502 of (HIGHWAY TRUST FUND) $1,000,000 for the Dayton, Ohio, light rail such Act, as amended, no new direct loans or Notwithstanding any other provision of study; loan guarantee commitments shall be made law, for payment of obligations incurred in $35,000,000 for the Denver Southwest cor- using Federal funds for the credit risk pre- carrying out 49 U.S.C. 5303–5308, 5310–5315, ridor project; mium during fiscal year 2000. 5317(b), 5322, 5327, 5334, 5505, and sections 3037 $25,000,000 for the Dulles corridor project; NEXT GENERATION HIGH-SPEED RAIL and 3038 of Public Law 105–178, $4,638,000,000, $12,000,000 for the Fort Lauderdale, Florida to remain available until expended, and to be Tri-County commuter rail project; For necessary expenses for the Next Gen- derived from the Mass Transit Account of $4,000,000 for the Houston advanced transit eration High-Speed Rail program as author- the Highway Trust Fund: Provided, That program; ized under 49 United States Code sections $2,478,400,000 shall be paid to the Federal $52,770,000 for the Houston regional bus 26101 and 26102, $22,000,000, to remain avail- Transit Administration’s formula grants ac- project; able until expended. count: Provided further, That $86,000,000 shall $1,000,000 for the Johnson County, Kansas, RHODE ISLAND RAIL DEVELOPMENT be paid to the Federal Transit Administra- I–35 commuter rail project; For the costs associated with construction tion’s transit planning and research account: $1,000,000 for the Kenosha-Racine-Mil- of a third track on the Northeast Corridor Provided further, That $48,000,000 shall be paid waukee rail extension project; between Davisville and Central Falls, Rhode to the Federal Transit Administration’s ad- $4,000,000 for the Long Island Railroad East Island, with sufficient clearance to accom- ministrative expenses account: Provided fur- Side access project; modate double stack freight cars, $10,000,000, ther, That $4,800,000 shall be paid to the Fed- $5,000,000 for the Los Angeles Mid-City and to be matched by the State of Rhode Island eral Transit Administration’s university East side corridors projects; or its designee on a dollar-for-dollar basis transportation research account: Provided $50,000,000 for the Los Angeles North Holly- and to remain available until expended. further, That $60,000,000 shall be paid to the wood extension project;

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14009 $1,000,000 for the Los Angeles-San Diego $37,928,000 for the Utah north/south light authorities, and private sources for expenses LOSSAN corridor project; rail project; incurred for training, for reports publication $703,000 for the MARC commuter rail $2,000,000 for the Virginia Railway Express and dissemination, and for travel expenses project; Woodbridge station improvements project; incurred in performance of hazardous mate- $1,000,000 for the Massachusetts North $1,000,000 for the West Trenton, New Jer- rials exemptions and approvals functions. Shore corridor project; sey, rail project; and Mr. CHAMBLISS. Mr. Chairman, I $5,000,000 for the Memphis, Tennessee, Med- $3,000,000 for the Whitehall terminal recon- move to strike the last word. I do so ical Center rail extension project; struction project. for the purpose of engaging in a col- $3,000,000 for the Miami-Dade Transit east- DISCRETIONARY GRANTS west multimodal corridor project; loquy with the gentleman from Vir- (LIQUIDATION OF CONTRACT AUTHORIZATION) $3,000,000 for the Miami-Dade Transit ginia (Chairman WOLF). North 27th corridor project; (HIGHWAY TRUST FUND) Mr. Chairman, I understand that the $1,000,000 for the Nashville, Tennessee, Notwithstanding any other provision of gentleman from Virginia (Chairman commuter rail project; law, for payment of previous obligations in- WOLF) is concerned, as we all are, with $99,000,000 for the New Jersey Hudson Ber- curred in carrying out 49 U.S.C. 5338(b), the effects of peanut allergies on indi- gen project; $1,500,000,000, to remain available until ex- viduals who fly on our Nation’s air- $2,000,000 for the New Orleans Canal Street pended and to be derived from the Mass corridor project; Transit Account of the Highway Trust Fund. lines, as well as for other reasons. As the gentleman knows, included in $6,000,000 for the Newark rail link MOS–1 POINT OF ORDER the 1999 Omnibus Appropriations bill project; Mr. SHUSTER. Mr. Chairman, I rise $1,000,000 for the Norfolk-Virginia Beach was language to ban the Department of corridor project; on a point of order against the phrase Transportation from implementing $4,000,000 for the Northern Indiana south ‘‘notwithstanding any other provision peanut-free buffer zones on airlines shore commuter rail project; of law’’ on page 32, line 8 on the same without the Department first con- $2,000,000 for the Oceanside-Escondido, grounds that I have previously stated. ducting a study on peanut allergies. In California light rail system; Mr. WOLF. Mr. Chairman, we con- fact, in Fiscal Year 2000’s Agriculture, $5,000,000 for Olympic transportation infra- cede the point of order. Rural Development, Food and Drug Ad- structure investments: Provided, That these The CHAIRMAN. The point of order funds shall be allocated by the Secretary ministration Appropriations bill, is conceded and sustained, and the de- based on the approved transportation man- $300,000 was earmarked for the peanut scribed language is stricken from the agement plan for the Salt Lake City 2002 industry to conduct research to find a bill. Winter Olympic Games: Provided further, vaccination for peanut allergies and The Clerk will read. That none of these funds shall be made avail- eliminate the allergy that is contained able for the Salt Lake City west-east light The Clerk read as follows: in the peanut. rail project, any segment thereof, or a down- JOB ACCESS AND REVERSE COMMUTE GRANTS town connector in Salt Lake City, Utah; I ask the gentleman from Virginia For necessary expenses to carry out sec- $1,000,000 for the Orange County, Cali- (Chairman WOLF), is it true that the tion 3037 of the Federal Transit Act of 1998, fornia, transitway project; language included in the omnibus bill $15,000,000, to remain available until ex- $20,000,000 for the Orlando Lynx light rail pended: Provided, That no more than was a change to permanent law and project (phase 1); $75,000,000 of budget authority shall be avail- does not need to be addressed again $1,000,000 for the Philadelphia-Reading able for these purposes. this year? SETPA Schuylkill Valley metro project; Mr. Chairman, I yield to the gen- $7,000,000 for the Phoenix metropolitan SAINT LAWRENCE SEAWAY area transit project; DEVELOPMENT CORPORATION tleman from Virginia (Mr. WOLF). $3,000,000 for the Pinellas County, Florida, SAINT LAWRENCE SEAWAY DEVELOPMENT Mr. WOLF. Mr. Chairman, that is mobility initiative project; CORPORATION correct. The language included in the $11,062,000 for the Portland Westside light The Saint Lawrence Seaway Development omnibus bill is permanent law. rail transit project; Corporation is hereby authorized to make Mr. CHAMBLISS. Moreover, Mr. $2,000,000 for the Puget Sound RTA Link such expenditures, within the limits of funds Chairman, can the gentleman from Vir- light rail project; and borrowing authority available to the ginia verify if a peanut allergy study $12,000,000 for the Puget Sound RTA Sound- Corporation, and in accord with law, and to has been conducted by the Department er commuter rail project; make such contracts and commitments with- of Transportation as specified in the $12,000,000 for the Raleigh-Durham-Chapel out regard to fiscal year limitations as pro- Hill Triangle transit project; 1999 omnibus bill? vided by section 104 of the Government Cor- Mr. Chairman, I yield to the gen- $25,000,000 for the Sacramento south corporation Control Act, as amended, as may be tleman from Virginia (Mr. WOLF). ridor LRT project; necessary in carrying out the programs set $1,000,000 for the San Bernardino, Cali- forth in the Corporation’s budget for the cur- Mr. WOLF. Mr. Chairman, the De- fornia Metrolink project; rent fiscal year. partment of Transportation has yet to $7,000,000 for the San Diego Mid Coast cor- OPERATIONS AND MAINTENANCE issue a report on their peanut allergy ridor project; study. (HARBOR MAINTENANCE TRUST FUND) $23,000,000 for the San Diego Mission Valley Mr. CHAMBLISS. Mr. Chairman, I East light rail transit project; For necessary expenses for operations and thank the gentleman from Virginia $84,000,000 for the San Francisco BART ex- maintenance of those portions of the Saint tension to the airport project; Lawrence Seaway operated and maintained (Mr. WOLF) for his clarification in this $20,000,000 for the San Jose Tasman West by the Saint Lawrence Seaway Development matter and the leadership that he pro- light rail project; Corporation, $12,042,000, to be derived from vides for this committee. $82,000,000 for the San Juan Tren Urbano the Harbor Maintenance Trust Fund, pursu- The CHAIRMAN. The Clerk will read. project; ant to Public Law 99–662. The Clerk read as follows: $53,962,000 for the South Boston piers RESEARCH AND SPECIAL PROGRAMS PIPELINE SAFETY transitway; ADMINISTRATION (PIPELINE SAFETY FUND) $1,000,000 for the South DeKalb-Lindbergh, Georgia, corridor project; RESEARCH AND SPECIAL PROGRAMS (OIL SPILL LIABILITY TRUST FUND) $3,000,000 for the Spokane, Washington, For expenses necessary to discharge the For expenses necessary to conduct the South Valley corridor light rail project; functions of the Research and Special Pro- functions of the pipeline safety program, for $3,000,000 for the St. Louis, Missouri, grams Administration, $32,361,000, of which grants-in-aid to carry out a pipeline safety MetroLink cross county corridor project; $645,000 shall be derived from the Pipeline program, as authorized by 49 U.S.C. 60107, $50,000,000 for the St. Louis-St. Clair Coun- Safety Fund, and of which $3,704,000 shall re- and to discharge the pipeline program re- ty MetroLink light rail (phase II) extension main available until September 30, 2002: Pro- sponsibilities of the Oil Pollution Act of 1990, project; vided, That up to $1,200,000 in fees collected $36,092,000, of which $5,494,000 shall be derived $1,000,000 for the Tampa Bay regional rail under 49 U.S.C. 5108(g) shall be deposited in from the Oil Spill Liability Trust Fund and project; the general fund of the Treasury as offset- shall remain available until September 30, $5,433,000 for the Twin Cities Transitways ting receipts: Provided further, That there 2002; and of which $30,598,000 shall be derived projects; may be credited to this appropriation, to be from the Pipeline Safety Fund, of which $46,000,000 for the Twin Cities available until expended, funds received from $17,074,000 shall remain available until Sep- Transitways—Hiawatha corridor project; States, counties, municipalities, other public tember 30, 2002: Provided, That in addition to

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amounts made available from the Pipeline Transportation shall be available for mainte- SEC. 310. The limitations on obligations for Safety Fund, $1,300,000 shall be available for nance and operation of aircraft; hire of pas- the programs of the Federal Transit Admin- grants to States for the development and es- senger motor vehicles and aircraft; purchase istration shall not apply to any authority tablishment of one-call notification systems, of liability insurance for motor vehicles op- under 49 U.S.C. 5338, previously made avail- emergency notification, damage prevention, erating in foreign countries on official de- able for obligation, or to any other authority and public education activities, and shall be partment business; and uniforms, or allow- previously made available for obligation. derived from amounts previously collected ances therefor, as authorized by law (5 U.S.C. SEC. 311. None of the funds in this Act shall under 49 U.S.C. 60301. 5901–5902). be used to implement section 404 of title 23, SEC. 302. Such sums as may be necessary EMERGENCY PREPAREDNESS GRANTS United States Code. for fiscal year 2000 pay raises for programs SEC. 312. None of the funds in this Act shall (EMERGENCY PREPAREDNESS FUND) funded in this Act shall be absorbed within be available to plan, finalize, or implement For necessary expenses to carry out 49 the levels appropriated in this Act or pre- regulations that would establish a vessel U.S.C. 5127(c), $200,000, to be derived from the vious appropriations Acts. traffic safety fairway less than five miles Emergency Preparedness Fund, to remain SEC. 303. Funds appropriated under this wide between the Santa Barbara Traffic Sep- available until September 30, 2002: Provided, Act for expenditures by the Federal Aviation aration Scheme and the San Francisco Traf- That not more than $14,300,000 shall be made Administration shall be available: (1) except fic Separation Scheme. as otherwise authorized by title VIII of the available for obligation in fiscal year 2000 SEC. 313. Notwithstanding any other provi- from amounts made available by 49 U.S.C. Elementary and Secondary Education Act of sion of law, airports may transfer, without 5116(i) and 5127(d): Provided further, That 1965 (20 U.S.C. 7701 et seq.), for expenses of consideration, to the Federal Aviation Ad- none of the funds made available by 49 U.S.C. primary and secondary schooling for depend- ministration (FAA) instrument landing sys- 5116(i) and 5127(d) shall be made available for ents of Federal Aviation Administration per- tems (along with associated approach light- obligation by individuals other than the Sec- sonnel stationed outside the continental ing equipment and runway visual range retary of Transportation, or his designee. United States at costs for any given area not equipment) which conform to FAA design OFFICE OF INSPECTOR GENERAL in excess of those of the Department of De- and performance specifications, the purchase fense for the same area, when it is deter- SALARIES AND EXPENSES of which was assisted by a Federal airport- mined by the Secretary that the schools, if aid program, airport development aid pro- For necessary expenses of the Office of In- any, available in the locality are unable to spector General to carry out the provisions gram or airport improvement program grant. provide adequately for the education of such The FAA shall accept such equipment, which of the Inspector General Act of 1978, as dependents; and (2) for transportation of said amended, $44,840,000. shall thereafter be operated and maintained dependents between schools serving the area by the FAA in accordance with agency cri- SURFACE TRANSPORTATION BOARD that they attend and their places of resi- teria. dence when the Secretary, under such regu- SALARIES AND EXPENSES SEC. 314. None of the funds in this Act shall lations as may be prescribed, determines For necessary expenses of the Surface be available to award a multiyear contract that such schools are not accessible by pub- Transportation Board, including services au- for production end items that: (1) includes lic means of transportation on a regular thorized by 5 U.S.C. 3109, $17,000,000: Provided, economic order quantity or long lead time basis. material procurement in excess of $10,000,000 That notwithstanding any other provision of SEC. 304. Appropriations contained in this in any one year of the contract; (2) includes law, not to exceed $1,600,000 from fees estab- Act for the Department of Transportation a cancellation charge greater than $10,000,000 lished by the Chairman of the Surface Trans- shall be available for services as authorized which at the time of obligation has not been portation Board shall be credited to this ap- by 5 U.S.C. 3109, but at rates for individuals appropriated to the limits of the Govern- propriation as offsetting collections and used not to exceed the per diem rate equivalent to ment’s liability; or (3) includes a require- for necessary and authorized expenses under the rate for an Executive Level IV. ment that permits performance under the this heading: Provided further, That the sum SEC. 305. None of the funds in this Act shall herein appropriated from the general fund be available for salaries and expenses of contract during the second and subsequent shall be reduced on a dollar-for-dollar basis more than 100 political and Presidential ap- years of the contract without conditioning as such offsetting collections are received pointees in the Department of Transpor- such performance upon the appropriation of during fiscal year 2000, to result in a final ap- tation: Provided, That none of the personnel funds: Provided, That this limitation does propriation from the general fund estimated covered by this provision may be assigned on not apply to a contract in which the Federal at no more than $15,400,000. temporary detail outside the Department of Government incurs no financial liability TITLE II Transportation. from not buying additional systems, sub- systems, or components beyond the basic RELATED AGENCIES SEC. 306. None of the funds in this Act shall be used for the planning or execution of any contract requirements. ARCHITECTURAL AND TRANSPOR- program to pay the expenses of, or otherwise SEC. 315. Notwithstanding any other provi- TATION BARRIERS COMPLIANCE compensate, non-Federal parties intervening sion of law, and except for fixed guideway BOARD in regulatory or adjudicatory proceedings modernization projects, funds made avail- SALARIES AND EXPENSES funded in this Act. able by this Act under ‘‘Federal Transit Ad- For expenses necessary for the Architec- SEC. 307. None of the funds appropriated in ministration, Capital investment grants’’ for tural and Transportation Barriers Compli- this Act shall remain available for obliga- projects specified in this Act or identified in ance Board, as authorized by section 502 of tion beyond the current fiscal year, nor may reports accompanying this Act not obligated the Rehabilitation Act of 1973, as amended, any be transferred to other appropriations, by September 30, 2002, and other recoveries, $4,633,000: Provided, That, notwithstanding unless expressly so provided herein. shall be made available for other projects any other provision of law, there may be SEC. 308. The Secretary of Transportation under 49 U.S.C. 5309. credited to this appropriation funds received may enter into grants, cooperative agree- SEC. 316. Notwithstanding any other provi- for publications and training expenses. ments, and other transactions with any per- sion of law, any funds appropriated before son, agency, or instrumentality of the October 1, 1999, under any section of chapter NATIONAL TRANSPORTATION SAFETY United States, any unit of State or local gov- 53 of title 49, United States Code, that re- BOARD ernment, any educational institution, and main available for expenditure may be trans- SALARIES AND EXPENSES any other entity in execution of the Tech- ferred to and administered under the most For necessary expenses of the National nology Reinvestment Project authorized recent appropriation heading for any such Transportation Safety Board, including hire under the Defense Conversion, Reinvestment section. of passenger motor vehicles and aircraft; and Transition Assistance Act of 1992 and re- SEC. 317. None of the funds in this Act may services as authorized by 5 U.S.C. 3109, but at lated legislation: Provided, That the author- be used to compensate in excess of 320 tech- rates for individuals not to exceed the per ity provided in this section may be exercised nical staff-years under the federally funded diem rate equivalent to the rate for a GS–15; without regard to section 3324 of title 31, research and development center contract uniforms, or allowances therefor, as author- United States Code. between the Federal Aviation Administra- ized by law (5 U.S.C. 5901–5902) $57,000,000, of SEC. 309. The expenditure of any appropriation and the Center for Advanced Aviation which not to exceed $2,000 may be used for tion under this Act for any consulting serv- Systems Development during fiscal year official reception and representation ex- ice through procurement contract pursuant 2000. penses. to section 3109 of title 5, United States Code, SEC. 318. Funds provided in this Act for the TITLE III shall be limited to those contracts where Transportation Administrative Service Cen- such expenditures are a matter of public ter (TASC) shall be reduced by $10,000,000, GENERAL PROVISIONS record and available for public inspection, which limits fiscal year 2000 TASC (INCLUDING TRANSFERS OF FUNDS) except where otherwise provided under exist- obligational authority for elements of the SEC. 301. During the current fiscal year ap- ing law, or under existing Executive order Department of Transportation funded in this plicable appropriations to the Department of issued pursuant to existing law. Act to no more than $147,965,000: Provided,

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14011 That such reductions from the budget re- Congress, through the proper official chan- lation covering highway and transpor- quest shall be allocated by the Department nels, requests for legislation or appropria- tation programs, which is known of Transportation to each appropriations actions which they deem necessary for the effi- colloquially as TEA–21. count in proportion to the amount included cient conduct of the public business. This time last year, the Transpor- in each account for the Transportation Ad- SEC. 324. (a) None of the funds made avail- ministrative Service Center. able in this Act may be expended by an enti- tation Equity Act for the 21st Century, SEC. 319. Funds received by the Federal ty unless the entity agrees that in expending known as TEA–21, was signed into law. Highway Administration, Federal Transit the funds the entity will comply with the The success of this bill is due to a 3- Administration, and Federal Railroad Ad- Buy American Act (41 U.S.C. 10a–10c). year effort of the authorizing com- ministration from States, counties, munici- (b) SENSE OF THE CONGRESS; REQUIREMENT mittee, the appropriating committee, palities, other public authorities, and private REGARDING NOTICE.— and support from a broad coalition. sources for expenses incurred for training (1) PURCHASE OF AMERICAN-MADE EQUIPMENT TEA–21 has been an enormous success. may be credited respectively to the Federal AND PRODUCTS.—In the case of any equipment It established a new funding formula Highway Administration’s ‘‘Federal-Aid or product that may be authorized to be pur- Highways’’ account, the Federal Transit Ad- chased with financial assistance provided structure for distributing funds to ministration’s ‘‘Transit Planning and Re- using funds made available in this Act, it is States. This funding formula rep- search’’ account, and to the Federal Railroad the sense of the Congress that entities re- resents a carefully crafted, well-bal- Administration’s ‘‘Safety and Operations’’ ceiving the assistance should, in expending anced compromise. account, except for State rail safety inspec- the assistance, purchase only American- Mr. Chairman, the Senate will soon tors participating in training pursuant to 49 made equipment and products to the great- consider its version of the transpor- U.S.C. 20105. est extent practicable. tation appropriations bill for the fiscal SEC. 320. None of the funds in this Act shall (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— year 2000. On May 27, the Senate Com- In providing financial assistance using funds be available to prepare, propose, or promul- mittee on Appropriations included a gate any regulations pursuant to title V of made available in this Act, the head of each the Motor Vehicle Information and Cost Sav- Federal agency shall provide to each recipi- controversial provision that unfairly ings Act (49 U.S.C. 32901 et seq.) prescribing ent of the assistance a notice describing the caps transit aid at 12.5 percent of the corporate average fuel economy standards statement made in paragraph (1) by the Con- total amount of transit dollars that for automobiles, as defined in such title, in gress. any one State may receive. This legis- any model year that differs from standards (c) PROHIBITION OF CONTRACTS WITH PER- lation, as crafted, adversely affects the promulgated for such automobiles prior to SONS FALSELY LABELING PRODUCTS AS MADE Nation’s two most transit-dependent enactment of this section. IN AMERICA.—If it has been finally deter- States, those of California and New mined by a court or Federal agency that any SEC. 321. Notwithstanding 31 U.S.C. 3302, York, and would result in an estimated funds received by the Bureau of Transpor- person intentionally affixed a label bearing a tation Statistics from the sale of data prod- ‘‘Made in America’’ inscription, or any in- loss of $1.2 billion over a 6-year period ucts, for necessary expenses incurred pursu- scription with the same meaning, to any or at a minimum $200 million per year ant to 49 U.S.C. 111 may be credited to the product sold in or shipped to the United for New York and $120 million per year Federal-aid highways account for the pur- States that is not made in the United States, for California. pose of reimbursing the Bureau for such ex- the person shall be ineligible to receive any This artificial cap was included in penses: Provided, That such funds shall be contract or subcontract made with funds the Senate Committee on Appropria- subject to the obligation limitation for Fed- made available in this Act, pursuant to the tions with no notice or public debate debarment, suspension, and ineligibility pro- eral-aid highways and highway safety con- on its merits. I wanted to ask the dis- struction. cedures described in sections 9.400 through tinguished subcommittee chairman for SEC. 322. None of the funds in this Act may 9.409 of title 48, Code of Federal Regulations. be obligated or expended for employee train- SEC. 325. Notwithstanding any other provi- his support for maintaining that his- ing which: (a) does not meet identified needs sion of law, receipts, in amounts determined toric compromise. for knowledge, skills and abilities bearing di- by the Secretary, collected from users of fit- Mr. WOLF. Mr. Chairman, will the rectly upon the performance of official du- ness centers operated by or for the Depart- gentleman yield? ties; (b) contains elements likely to induce ment of Transportation shall be available to Mr. LAZIO. I yield to the gentleman high levels of emotional response or psycho- support the operation and maintenance of from Virginia. logical stress in some participants; (c) does those facilities. Mr. WOLF. Mr. Chairman, I appre- SEC. 326. None of the funds in this Act shall not require prior employee notification of ciate the gentleman bringing this to the content and methods to be used in the be available to implement or enforce regula- training and written end of course evaluations that would result in the withdrawal of my attention, and also the gentleman tions; (d) contains any methods or content a slot from an air carrier at O’Hare Inter- from New York (Mr. SWEENEY). I have associated with religious or quasi-religious national Airport under section 93.223 of title also spoken to the gentleman from belief systems or ‘‘new age’’ belief systems 14 of the Code of Federal Regulations in ex- California (Mr. DREIER) about the same as defined in Equal Employment Oppor- cess of the total slots withdrawn from that thing. tunity Commission Notice N–915.022, dated air carrier as of October 31, 1993 if such addi- The gentleman has my commitment September 2, 1988; (e) is offensive to, or de- tional slot is to be allocated to an air carrier to do everything we can to attempt to or foreign air carrier under section 93.217 of signed to change, participants’ personal val- make this the way it should be with re- ues or lifestyle outside the workplace; or (f) title 14 of the Code of Federal Regulations. includes content related to human immuno- SEC. 327. Notwithstanding 49 U.S.C. 41742, gard to fairness. We have never been deficiency virus/acquired immune deficiency no essential air service subsidies shall be into punishing one State over another, syndrome (HIV/AIDS) other than that nec- provided to communities in the 48 contig- so I can assure the gentleman we will essary to make employees more aware of the uous States that are located fewer than 70 work with the gentleman, and the gen- medical ramifications of HIV/AIDS and the highway miles from the nearest large or me- tleman from New York (Mr. SWEENEY), workplace rights of HIV-positive employees. dium hub airport, or that require a rate of and the other members of the New SEC. 323. None of the funds in this Act subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the York delegation, and also the Cali- shall, in the absence of express authorization fornia delegation who have come to me by Congress, be used directly or indirectly to nearest large or medium hub airport. again, as I said, the gentleman from pay for any personal service, advertisement, b 1245 telegram, telephone, letter, printed or writ- California (Mr. DREIER) and others, to ten matter, or other device, intended or de- Mr. LAZIO. Mr. Chairman, I move to make sure that there is fairness. signed to influence in any manner a Member strike the last word. Mr. LAZIO. Mr. Chairman, I want to of Congress, to favor or oppose, by vote or Mr. Chairman, I rise as assistant ma- express my gratitude to the sub- otherwise, any legislation or appropriation jority leader and as a member of the committee chairman and my friend on by Congress, whether before or after the in- New York delegation to seek support behalf of the House who supported the troduction of any bill or resolution pro- from the distinguished chairman of the compromise, and as a member of the posing such legislation or appropriation: Pro- Subcommittee on Transportation of New York delegation, and I just wanted vided, That this shall not prevent officers or employees of the Department of Transpor- the Committee on Appropriations, the to reiterate how important this is. tation or related agencies funded in this Act gentleman from Virginia (Mr. WOLF), New York has one-third of the Na- from communicating to Members of Con- to protect funding crucial to New York tion’s transit riders, California has gress on the request of any Member or to State and to uphold the historic legis- about 14 percent. Combined the two

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.000 H23JN9 14012 CONGRESSIONAL RECORD—HOUSE June 23, 1999 States make up almost half of the en- Mr. LAZIO. Mr. Chairman, reclaim- mitted for approval to the House and Senate tire Nation’s transit users. On a daily ing my time, I want to thank the gen- Committees on Appropriations. basis, New York State has over 7.5 mil- tleman for his support. SEC. 332. None of the funds appropriated by this Act may be used to issue a final stand- lion transit riders. On the MTA system The CHAIRMAN. The Clerk will read. ard under docket number NHTSA 98–3945 (re- alone, the daily ridership is 7.2 million. The Clerk read as follows: lating to section 656(b) of the Illegal Immi- For the millions of people who use SEC. 328. Rebates, refunds, incentive pay- gration Reform and Responsibility Act of mass transit, the environment and the ments, minor fees and other funds received 1996). economy, we should uphold the alloca- by the Department from travel management SEC. 333. (a) Section 110(b)(2) of the Arctic tion formulas we worked so hard for in centers, charge card programs, the sub- Research and Policy Act of 1984 (15 U.S.C. leasing of building space, and miscellaneous that historically crafted bill. 4109(b)(2)) is amended by striking all that sources are to be credited to appropriations follows ‘‘research’’ and inserting a period. Mr. WOLF. Mr. Chairman, if the gen- of the Department and allocated to elements (b) Section 312 of the Arctic Marine Living tleman will continue to yield, I would of the Department using fair and equitable Resources Convention Act of 1984 (16 U.S.C. just tell him that a member of my fam- criteria and such funds shall be available 2441) is amended by striking subsection (c). ily lives in New York City and I under- until December 31, 2000. SEC. 334. None of the funds in this Act shall stand how congested the traffic is and SEC. 329. Notwithstanding any other provi- be available for activities under the Aircraft the needs and everything else, so the sion of law, rule or regulation, the Secretary Purchase Loan Guarantee Program during gentleman makes a very credible point. of Transportation is authorized to allow the fiscal year 2000. issuer of any preferred stock heretofore sold SEC. 335. None of the funds in this Act may Mr. LAZIO. I ride on that subway be used to carry out the functions and oper- myself. to the Department to redeem or repurchase such stock upon the payment to the Depart- ations of the office of motor carriers within Mr. SWEENEY. Mr. Chairman, will the Federal Highway Administration. the gentleman yield? ment of an amount determined by the Sec- retary. SEC. 336. Section 3027 of the Transportation Mr. LAZIO. I yield to the gentleman Equity Act for the 21st Century (49 U.S.C. AMENDMENT OFFERED BY MR. SANFORD from New York (Mr. SWEENEY) who has 5307 note: 112 Stat. 336) is amended by adding been working very hard on this issue Mr. SANFORD. Mr. Chairman, I offer at the end the following: and, as a matter of fact, has gathered an amendment. ‘‘(e) Government share for operating as- The Clerk read as follows: sistance to certain smaller urbanized on a bipartisan basis signatures for the areas.—Notwithstanding 49 U.S.C. 5307(e), a Amendment offered by Mr. SANFORD: subcommittee chairman. grant of the Government for operating ex- Page 42, line 15, after the dollar amount, Mr. SWEENEY. Mr. Chairman, I penses of a project under 49 U.S.C. 5307(b) in insert the following: ‘‘(plus an additional re- thank my good friend, the gentleman fiscal years 1999 and 2000 to any recipient duction of $1,000,000)’’. from New York (Mr. LAZIO). that is providing transit services in an ur- Page 42, line 18, after the dollar amount, Quickly, I want to applaud this ef- banized area with a population between insert the following: ‘‘(reduced by 128,000 and 128,200, as determined in the 1990 fort, and I am proud to join it. As the $1,000,000)’’. chairman knows, 81 members from census, and that had adopted a five-year POINT OF ORDER both the New York and California dele- transit plan before September 1, 1998, may gation sent a letter to the chairman Mr. SABO. Mr. Chairman, I rise to not be more than 80 percent of the net make a point of order against the gen- project cost.’’. last week, and I wanted to add a point SEC. 337. Section 130 of Title 23, United to this. tleman’s amendment because he seeks to amend a paragraph that has already States Code, is amended in subsection (f) by I represent a rural area, and on be- striking ‘‘90 percent’’ where it appears in the half of the rural areas in New York and been read under the 5-minute rule. The last sentence and inserting ‘‘100 percent’’. House manual clearly states in Section California, I wanted to just stress that POINT OF ORDER rural transit systems have few sources 876(2) that when a paragraph or section Mr. SHUSTER. Mr. Chairman, I rise of revenue to make up for huge cuts to has been passed, it is not in order to re- on a point of order against section 337 their Federal formula funding alloca- turn thereto. on page 50, lines 1 through 4. This is tion. So this will hit disproportion- I regret to say the gentleman’s legislation on an appropriation bill and ately those areas pretty significantly. amendment comes too late, and I ask is in violation of clause 2 of rule XXI. As the gentleman from New York for a ruling from the Chair. This provision is an amendment to (Mr. LAZIO) has pointed out, we in New The CHAIRMAN. Does the gentleman section 130 of title 23 to raise the Fed- York have committed to a high stand- from South Carolina (Mr. SANFORD) eral share for rail-highway grade cross- ard on infrastructure repair and trans- wish to be heard on the point of order? ing projects funded under the Trans- portation repair. A higher share of our Mr. SANFORD. No, Mr. Chairman, I portation Equity Act for the 21st Cen- own resources are committed to transit will withdraw the amendment. It was a tury, TEA–21. than any other State; nearly 70 percent last chance to save the taxpayers $1 Mr. WOLF. Mr. Chairman, I would of our $12 million Statewide transit million. We had indeed passed this sec- like to be heard on that, if I may. capital program financed from State tion of the bill, but, nonetheless, I The CHAIRMAN. The gentleman and local resources. wanted to try. from Virginia (Mr. WOLF) may be heard So this is a critical issue for us in my Mr. Chairman, I ask unanimous con- on the point of order. district and throughout New York sent to withdraw my amendment. Mr. WOLF. I am going to concede the State. And, again, I want to applaud The CHAIRMAN. Is there objection point of order, Mr. Chairman, but this the efforts of my colleague, the gen- to the request of the gentleman from is the provision that deletes the non- tleman from New York (Mr. LAZIO), South Carolina? Federal match for the section 130 grade and ask the Chairman for his support There was no objection. crossing program. and thank the gentleman for the oppor- The CHAIRMAN. The amendment is In 1998, the unobligated national bal- tunity to express this concern. withdrawn. ance totaled $148 million and now may Mr. WOLF. Mr. Chairman, will the The Clerk will read. be as high as $220 million. Many States gentleman once again yield? The Clerk read as follows: have difficulty expanding the section Mr. LAZIO. I yield to the gentleman SEC. 330. For necessary expenses of the Am- 130 funds and, as a result, some States from Virginia. trak Reform Council authorized under sec- have a few years of unobligated bal- Mr. WOLF. I would give the gen- tion 203 of Public Law 105–134, $750,000, to re- ances that could be used to eliminate tleman the same type of commitment, main available until September 30, 2001. grade crossings. Mr. Chairman, as with the gentleman SEC. 331. The Secretary of Transportation For example, the State of Wisconsin from New York (Mr. LAZIO), and I ap- is authorized to transfer funds appropriated has $13 million in unobligated balances. preciate the gentleman bringing it to for any office of the Office of the Secretary The State of Oregon has $6,888,000 in to any other office of the Office of the Sec- my attention. Both gentlemen have retary: Provided, That no appropriation shall unobligated balances. If we were to de- talked to me about it a number of be increased or decreased by more than 12 lete the non-Federal match, it would times, and we will do everything we per centum by all such transfers: Provided permit States to reduce those unobli- can to help. further, That any such transfer shall be sub- gated balances and eliminate a greater

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14013 number of grade crossing hazards than tion insurance activities under chapter 443 of estimated at $128,000,000, of a multi-mission previously planned and, therefore, im- title 49, United States Code. vessel to replace the Mackinaw icebreaker in proving safety for the American fam- the Great Lakes, to remain available until b 1300 September 30, 2005. ily. POINT OF ORDER SEC. 346. Notwithstanding the Federal Air- Mr. Chairman, maybe this is an area port Act (as in effect on April 3, 1956) or sec- the authorizers could look at, because I Mr. SHUSTER. Mr. Chairman, I raise tions 47125 and 47153 of title 49, United States think it would enable States to move a point of order against section 342, on Code, and subject to subsection (b), the Sec- that money quickly and, I think, bring page 50, line 22 through page 51, line 4. retary of Transportation may waive any about safety. Each year there are 3,500 This is legislation on an appropria- term contained in the deed of conveyance tions bill and is in violation of clause 2 dated April 3, 1956, by which the United collisions at grade crossings with near- States conveyed lands to the city of Safford, ly 1,500 injuries and 500 deaths. The of rule XXI. This provision reauthor- izes the payments from the War Risk Arizona, for use by the city for airport pur- tragic accident we heard of earlier, poses: Provided, That no waiver may be made that we worked with the gentleman Insurance Program. The House has under subsection (a) if the waiver would re- from Illinois (Mr. WELLER) on, cer- twice passed versions of the War Risk sult in the closure of an airport. tainly demonstrates that more needs Insurance Program this year, and a 5- POINT OF ORDER to be done to upgrade safety at grade year reauthorization of the program Mr. SHUSTER. Mr. Chairman, I raise crossings. With that, hopefully, this has passed the House and is currently a point of order against section 346, on can be looked at in some way, because pending in the Senate. page 52, lines 1 through 10. I think it would be good in helping to Mr. WOLF. Mr. Chairman, we con- This is legislation on an appropria- save lives. cede the point of order. tions bill in violation of clause 2 of rule Mr. Chairman, I do concede the point The CHAIRMAN. The point of order XXI. This provision waives deed re- of order. is conceded. strictions for an airport in Safford, Ar- The CHAIRMAN. The language cited The language cited by the point of izona. Moreover, it would allow the air- by the point of order directly amends order conveys authority to the Execu- port to sell land without having to re- existing law. As such, it constitutes tive. As such, it constitutes legislation. invest the proceeds of the sale in the legislation. The point of order is sus- The point of order is sustained. The airport, which is contrary to provisions tained. The section is stricken. section is stricken. in Title 49 of the U.S. Code and to the The Clerk will read. The Clerk will read. usual practice of the House when deed The Clerk read as follows: The Clerk read, as follows: restrictions have been removed for SEC. 338. Section 3030(b) of the Transpor- SEC. 343. Notwithstanding current policies other airports across the country. tation Equity Act for the 21st Century (112 or guidelines of the Department of Transpor- Mr. KOLBE. Mr. Chairman, I wish to Stat. 373–375) is amended by adding at the tation, the Administrator of the Federal be heard on the point of order. end the following: Aviation Administration is hereby author- Mr. Chairman, while I will concede ‘‘(71) Dane County Corridor—East-West ized to issue grant awards utilizing funds the point of order, I would like to in- Madison Metropolitan Area.’’. limited in this bill under ‘‘Grants-in-aid for quire of the gentleman from Pennsyl- airports’’ fifteen days after transmittal of POINT OF ORDER vania (Mr. SHUSTER), the distinguished Mr. SHUSTER. Mr. Chairman, I rise recommended grant awards to the Office of the Secretary of Transportation for Congres- chairman, about his reasons for object- on a point of order against section 338 sional notification purposes. ing to this. on page 50 lines 5 through 9. This is leg- Let me just state, for the record, POINT OF ORDER islation on an appropriation bill and is that I have been working closely with Mr. SHUSTER. Mr. Chairman, I raise in violation of clause 2 of rule XXI. the local community, the local FAA a point of order against section 343, on This provision is an amendment to representatives, the Aircraft Owners page 51, lines 5 through 12. TEA–21 to authorize a mass transit and Pilots Association, for years to This is legislation on an appropria- project in Dane County, Wisconsin. draft language that is acceptable and tions bill and is in a violation of clause Mr. WOLF. Mr. Chairman, we con- have attempted to work with his com- 2 of rule XXI. cede the point of order. mittee and committee staff to do that. The CHAIRMAN. The gentleman This provision mandates changes in This has been the result of long discus- the FAA’s grant award and processing from Virginia (Mr. WOLF) concedes the sions to get us to where we are. It only point of order. policies so that all grant awards must allows the FAA to waive terms con- The language cited directly amends be issued within 15 days of the notifica- tained in the 1956 deed of conveyance existing law. As such, it constitutes tion of their approval. more than 40 years ago. It does not re- legislation, and the point of order is A similar provision was included in quire them to do so. sustained. This section is stricken. H.R. 1000, which passed this House This is land which is vitally needed The Clerk will read. overwhelmingly last week. in order for this small rural commu- The Clerk read as follows: Mr. WOLF. Mr. Chairman, we con- nity where unemployment is three cede the point of order. SEC. 339. Funds provided in Public Law 104– times the rate of other areas in Ari- 205 for the Griffin light rail project shall be The CHAIRMAN. The language cited zona to develop an industrial park in available for alternative analysis and envi- by the point of order conveys authority this area. I am just curious as to why ronmental impact studies for other transit to the Executive. As such, it con- this particular provision, looking at all alternatives in the Griffin corridor from stitutes legislation. the provisions in here that were not Hartford to Bradley International Airport. The point of order is conceded and singled out, as to why this one has been SEC. 340. Section 3030(c)(1)(A)(v) of the sustained. singled out. Transportation Equity Act for the 21st Cen- The section is stricken. tury (Public Law 105–178) is amended by de- Mr. SHUSTER. Mr. Chairman, con- leting ‘‘Light Rail’’. The Clerk will read. tinuing to rise on my point of order, I SEC. 341. Notwithstanding any other provi- The Clerk read, as follows: will respond to the gentleman by point- sion of law, the federal share of projects SEC. 344. None of the funds in this Act shall ing out that he did ask us to put this funded under section 3038(g)(1)(B) of Public be available to execute a letter of no preju- in AIR–21, and we said that if they Law 105–178 shall not exceed 90 percent of the dice, letter of intent or full funding grant could provide us with information project cost. agreement for the Salt Lake City west-east showing that it conformed with other SEC. 342. The Secretary of Transportation light rail line, any segment thereof, or a actions of the past, we would be happy is hereby authorized to make such expendi- downtown connector in Salt Lake City, to consider it. tures and investments, within the limits of Utah. Moreover, and even more impor- funds available pursuant to 49 U.S.C. 44307, SEC. 345. Of the funds made available to the and in accordance with section 104 of the Coast Guard in this Act under ‘‘Acquisition, tantly, we have required other airports Government Corporation Control Act, as construction, and improvements’’, $10,000,000 across America to conform, particu- amended (31 U.S.C. 9104), as may be nec- is only for necessary expenses to support a larly even an airport in my own con- essary in carrying out the program for avia- portion of the acquisition costs, currently gressional district in Chambersburg,

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14014 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Pennsylvania. So when we have re- ently ranks as one of the finest in the ton region for many years. In fact, we quired this of other airports, including Nation with excellent service and rid- have gathered together a diverse com- an airport in my own congressional dis- ership that ranks higher than most munity collaboration and coalition trict, it hardly seems fair to provide similar cities. that have organized around enhancing this special consideration for an air- Unfortunately, Dane County was not the Main Street Corridor. port in another part of the country. ready for new start projects authoriza- The Corridor runs from Buffalo Bayo And those are my reasons, I say to my tion when TEA–21 was enacted last north through Downtown, Midtown, good friend. year. Their planning for future transit Hermann Park, and the Texas Medical Mr. KOLBE. Mr. Chairman, I would needs has now reached a point where Center. Main Street links two impor- simply state that we are prepared to an authorization for a new start tant economic hubs, Downtown and use language that conforms precisely project would be appropriated. Texas Medical Center, as well as the to language that was used in AIR–21 I understand that such an authoriza- entertainment, cultural, and govern- last week on another project in New- tion would be most appropriately in- mental centers. The City of Houston port News that would apparently do cluded on a bill from the committee of and I and others believe that this fund- that. We have attempted to have dis- jurisdiction, the House Subcommittee ing is necessary to ensure that effec- cussions with the staff about this and on Ground Transportation. I would like tive traffic management will continue apparently have not had a great deal of to obtain the assurance of the gen- the redevelopment of this center of success. tleman from Wisconsin (Mr. PETRI) commerce and business, the very prin- I must say that this objection is very that an authorization for the Dane ciples of this committee. devastating to this community, which County project would be considered in Long-term, this project will result in has been trying very hard for a long the subcommittee’s next appropriate increased development density, in- time to get this very small project of vehicle. creased access to jobs, reduced auto- economic development off the ground. I Mr. PETRI. Mr. Chairman, if the gen- mobile inventories, lower emissions, would just simply say that I do not tlewoman would yield, I would like to and reduced long-term capital invest- think that this language is different thank the gentlewoman and assure her ment in the regional infrastructure, than has been provided in other cases, that the subcommittee would be again, the principles of this committee. and I do believe we can point to that. pleased to consider an authorization I would ask my colleagues, the rank- Mr. SHUSTER. Mr. Chairman, I for the Dane County project in our ing member, and the chairman to work would like to respond to further em- next appropriate vehicle. with me on this matter. phasize that requiring my own commu- I understand that Dane County has a Mr. SABO. Mr. Chairman, I thank nity of Chambersburg, Pennsylvania, number of transit options under con- the gentlewoman from Texas for bring- to adhere to the law certainly was dif- sideration and would be seeking Fed- ing this important matter to the con- ficult for them. But having required eral funding for continued planning sideration of the subcommittee. them to adhere to the law, it would and evaluation in budget year 2002. And The CHAIRMAN. The time of the seem very, very unfair to give a special I am quite sure that the need of the gentleman from Minnesota (Mr. SABO) waiver to another community. county can be addressed by our com- has expired. The CHAIRMAN. The Chair is pre- mittee on a timely basis, and I look (By unanimous consent, Mr. SABO pared to rule on the point of order. forward to working with my colleague was allowed to proceed for 1 additional The language cited by the point of toward that end. minute.) Mr. SABO. Mr. Chairman, as we go to order explicitly waives existing law. As Ms. BALDWIN. Mr. Chairman, I conference and consider all our alter- such, it constitutes legislation. thank the gentleman for his comments. natives, we will keep the request of the The point of order is sustained. I look forward to working with him to gentlewoman in mind. The section is stricken. address the transit needs of Dane Coun- Let me add, however, for the gentle- Mr. SABO. Mr. Chairman, I move to ty. woman and for all other Members that strike the last word, and I yield to the Mr. SABO. Mr. Chairman, I move to part of this bill carries very significant gentlewoman from Wisconsin (Ms. strike the last word, and I yield to the increase in transit formula funding for BALDWIN). gentlewoman from Texas (Ms. JACK- local transit agencies and we may have Ms. BALDWIN. Mr. Chairman, I want SON-LEE) for the purposes of a colloquy. limits as to what we can do in discre- to thank the gentleman from Min- Ms. JACKSON-LEE of Texas. Mr. tionary funding. But communities nesota for yielding and for his hard Chairman, I thank the distinguished should also look to the additional for- work on this piece of legislation. gentleman, the ranking member, for mula funding for potential use in pre- Mr. Chairman, I have a concern yielding. liminary engineering on some of these about this legislation in regard to an Mr. Chairman, I thank the chairman projects. authorization for a critical transit for his hard work. I would like to enter I thank the gentlewoman for bring- project in Dane County, Wisconsin, into a colloquy on an important matter ing this to our attention. which is in my district. I would like to in my community that many of us Mr. Chairman, I yield to my friend, engage the gentleman from Wisconsin have worked on, and that is included in the gentleman from Virginia (Mr. (Mr. PETRI), the chairman of the Sub- H.R. 2084, the Houston, Texas Main WOLF). committee on Ground Transportation, Street Corridor Project, of which a re- Mr. WOLF. Mr. Chairman, the gentle- in a colloquy. quest was made for some $8 million. It woman has spoken to me about this. Mr. Chairman, Dane County and the received $1 million in funding for fiscal Everything is very tight. The gen- City of Madison are currently exam- year 2000. tleman from Minnesota (Mr. SABO) and ining future transportation needs, in- I would hope, as we move this bill to I can work together and see. But we cluding various mass transit options. conference, that, in recognizing the will certainly take a very, very close Traffic congestion and the need for ad- commitment that the committee has look at it, I promise. ditional parking will need to be ad- made to infrastructure and making our Ms. JACKSON-LEE of Texas. Mr. dressed as the population of the region communities less congested, that we Chairman, if the gentleman would con- continues to grow into the next cen- could seek an additional funding of tinue to yield, this is most helpful to tury. Dane County, which contains $500,000 to keep this project on sched- me, and I thank the gentlemen very Madison, is working hard to promote ule. much for their cooperation in working concentrated development along exist- Traffic congestion and a depleted in- on this very important project. ing and potential transit corridors. frastructure threatens the future of The CHAIRMAN. The Clerk will read. In addition, I would like to note the this vital backbone of transit. Hous- The Clerk read as follows: strong potential of new mass transit ton’s Main Street Corridor has been SEC. 347. None of the funds in this Act may options since Madison Metro consist- the heart of the 2,000 square mile Hous- be expended to review or issue a waiver for a

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14015 vessel deemed to be equipped with a double It last year was funded at about $109 operations over at the service center. buttom or double sides. million. This year it is projected to be This is again a shot over the bow. It is This act may be cited as the ‘‘Department funded at about $148 million. All this nothing more than that. of Transportation and Related Agencies Ap- amendment does is it takes one of Mr. DUNCAN. Mr. Chairman, I with- propriations Act, 2000’’. those million dollars of increase, and draw my point of order and state that AMENDMENT OFFERED BY MR. ROGAN again, there are roughly about $50 mil- I have no objection to this amendment. Mr. ROGAN. Mr. Chairman, I offer an lion of increase, it takes one of those The CHAIRMAN. The gentleman amendment. million dollars and it cuts it. The rea- withdraws the point of order. The Clerk read as follows: son it does that is because it is basi- Mr. SABO. Mr. Chairman, I rise in Amendment offered by Mr. Rogan: cally a shot over the bow to this serv- opposition to this amendment. At the end of the bill, insert after the last This amendment cuts $1 million from section (preceding the short title) the fol- ice center to say, ‘‘Let’s really look lowing new section: under the hood at some of these ex- the Transportation Administrative SEC. ll. None of the funds in this Act penses and really examine closely Service Center, which has already been may be used for the planning or development whether or not they are in the best in- cut in the request by $10 million in this of the California State Route 710 Freeway terests of the taxpayer.’’ bill. extension project through South Pasadena, A lot of the things that this service The center finances common admin- California (as approved in the Record of De- center does basically for the Depart- istrative services, such as payroll, ac- cision on State Route 710 Freeway, issued by ment of Transportation makes a whole counting, copying and telecommuni- the U.S. Department of Transportation, Fed- cations that can be performed more eral Highway Administration, on April 13, lot of sense. Whether it is with 1998). photocopying or telecommunications economically and efficiently through a services, there are certain advantages central organization rather than the Mr. ROGAN. Mr. Chairman, in order to one-stop-shopping which this center various modal administrations of the to defer to my colleague from South does. But some of the expenses when Department of Transportation. Carolina (Mr. SANFORD) I ask unani- we really looked at them to me did not Mr. Chairman, the entire purpose of mous consent to withdraw my amend- pass the litmus test of best interests of the Transportation Administrative ment for the time being. Service Center is to save the govern- The CHAIRMAN. Is there objection the taxpayer. Let me give my colleagues just a few ment money by consolidating redun- to the request of the gentleman from of those. First of all, it has like career dant administrative overhead and func- California? tions. Individual departmental agen- There was no objection. development seminar and workshops cies may purchase administrative serv- The CHAIRMAN. The amendment is designed to assist organizations in pro- ices outside the Transportation Admin- withdrawn. moting employee empowerment. It goes on to say, ‘‘Emphasis is on pro- istrative Service Center only if they AMENDMENT OFFERED BY MR. SANFORD viding employees with the tools, the can demonstrate that doing so is cost Mr. SANFORD. Mr. Chairman, I offer information, the resources they need to beneficial to the department as a an amendment. seek opportunities that will make whole. The Clerk read as follows: them more marketable and enhance Rather than supporting the Trans- Amendment offered by Mr. Sanford: their careers.’’ portation Department’s effort to con- At the end of the bill, insert after the last That is a good thing, but I do not trol costs by centralizing administra- section (preceding the short title) the fol- know that it is really in the best inter- tive functions, this amendment would lowing new section: est of building more roads and bridges penalize the Department. SEC. ll. Funds provided in this Act for the Transportation Administrative Service and airports across this country. Simi- The net effect of the Sanford amend- Center (TASC) shall be further reduced by larly, another component of the center ment might well be that the various $1,000,000. was fitness center equipment con- agencies in the Department will seek Mr. SANFORD (during the reading). sulting. out other sources for their needs which Mr. Chairman, I ask unanimous con- I read from their own web page: could cause duplication of procure- sent that the amendment be considered ‘‘If you’re thinking of purchasing ex- ment, accounting and other adminis- as read and printed in the RECORD. ercise equipment for your employees trative services and higher costs over- The CHAIRMAN. Is there objection but are not sure what it should cost, all. to the request of the gentleman from what’s most effective, what’s currently In the end, Mr. Chairman, this South Carolina? popular, let our staff with over 50 years amendment will not save money, it There was no objection. of experience in exercise physiology will cost the government money, and it Mr. DUNCAN. Mr. Chairman, I re- and fitness equipment handling assist should not be adopted. serve a point of order against the you to facilitate your plans.’’ That is a Mr. WOLF. Mr. Chairman, I move to amendment. very nice thing, but again it is almost strike the last word. I have no objec- The CHAIRMAN. A point of order is a bureaucracy within a bureaucracy. I tion to the amendment offered by the reserved. do not think the taxpayer really wants gentleman from South Carolina. to see a lot of those. Mr. COBURN. Mr. Chairman, I move b 1315 Another one here I see, responding to to strike the requisite number of Mr. SANFORD. Mr. Chairman, first employee stress. It says here, ‘‘These words. of all I would applaud the gentleman are difficult times, downsizing, chang- Mr. Chairman, this is a good amend- from Pennsylvania (Mr. SHUSTER), I ing work styles, uncertainty about the ment. It takes a million dollars away would applaud the gentleman from Vir- future, family stresses. The effects of from a $39 million increase. The reason ginia (Mr. WOLF), I would applaud the too much stress can start showing up it does, it says to the people who are gentleman from Oklahoma (Mr. in the workplace in big and small ways. working in this center, you can spend COBURN) for what they have done to in Let us help you help them.’’ the money more wisely, more effi- essence refine this bill as we go A lot of these things, I am sure, are ciently. through this process here on the House very reasonable things. That is why The concept of the center is fine, but floor. What this amendment does is it this bill only cuts $1 million of the a 45 percent increase in your spending basically continues that simple theme basic $50 million of increase, asking this year? We are going to cut some of of refining and focusing this bill, be- them to carefully look under the hood that back. We recognize the value of cause this bill looks at the Transpor- to really examine whether or not all this center, but we can save a million tation Administrative Service Center these expenses are warranted. I think dollars and send a signal that ‘‘next which was basically founded by the De- the committee has already taken up year, if you are not better, you are not partment of Transportation back in the Inspector General’s study which going to see this kind of increase. Re- 1997. basically discontinued the computer gardless of what is there, you cannot

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14016 CONGRESSIONAL RECORD—HOUSE June 23, 1999 justify the inefficiencies that you are that I believe they and the thousands disrupted, believe that the best way to generating.’’ of men and women who work for Am- limit that risk is to appropriately limit The Sanford amendment takes just $1 trak have achieved, because it is based the funding of the Amtrak Reform million out of a $39 million increase on the idea, Mr. Chairman, that too Council to the level that it was funded and says, ‘‘We want you to wake up and many cooks spoil the broth. Amtrak in the 1999 budget of $450,000. smell the roses, do some things a little has achieved a labor-management co- To summarize, this is a compromise more efficiently, and let’s save some operation. It is achieving a program of between those of us who believe that money.’’ It is not even 1 percent of progress together with its unions and maybe there is no role at all for the their budget, it is about three-quarters its management that have improved Amtrak Reform Council and those who of 1 percent, and it is of an increase. service, increased revenues and ex- would wish to see it do more. The com- They had $109 million last year, we are panded future opportunities for Am- promise calls for the limitation of going to give them $148 million this trak for years to come. funds to the 1999 level. The amendment year. I believe when something is on the cuts $300,000 from the level of appro- I want to make one other statement. right track, when something is propriation. I again express my apprecia- Earlier in our debate today, we talked ceeding the way that it should, that tion to the chairman and ranking about how $170 million was not much. second-guessing and Monday morning member for the fiscally prudent steps $170 million will pay for the Social Se- quarterbacking really is inappropriate. they have already taken. I would just curity for 1.8 million Americans this The role of the Amtrak Reform Council respectfully say I believe we should year. When this bill is finished, if we lends itself to the possibility of that just go a little further and limit the pass it, we are going to have savings of Monday morning quarterbacking and funding to the 1999 level, in particular about $555 million. That is enough to second-guessing. importance to making sure that the pay the Social Security for 5.4 million There is a delicate balance that has important labor protections that are in Americans. That is a good achieve- been established in labor and manage- our law protecting Amtrak employees ment. We ought not to lose sight of ment in Amtrak, with the cooperation and passengers remain in the law. that. of the rail unions, with the able leader- Mr. WOLF. Mr. Chairman, I rise in Let us save an additional $1 million, ship of the board of directors of Am- strong opposition to the amendment we can save another couple of hundred trak, and its management headed by offered by the gentleman from New thousand people their opportunity for Mr. Warrington. I think that the possi- Jersey which would restrict funding for Social Security, and we can live up to bility of mischief being created that the Amtrak Reform Council to $450,000, the commitment that we all agreed to. would upset that delicate balance, that or the level enacted in fiscal year 1999. The CHAIRMAN. The question is on frankly would roll back meaningful The bill before my colleagues contains the amendment offered by the gen- and important labor protections for an appropriation for the ARC of $750,000 tleman from South Carolina (Mr. SAN- men and women who work for Amtrak which is what the administration FORD). would be the wrong thing to do. asked for, well below the $1.3 million The amendment was agreed to. Now, I had contemplated offering an that the ARC requested for fiscal year AMENDMENT OFFERED BY MR. ANDREWS amendment that would have the effect 2000. We have taken them down dra- Mr. ANDREWS. Mr. Chairman, I offer of defunding, or zeroing out, or elimi- matically to the level requested by the an amendment. nating the Amtrak Reform Council. In administration. The Clerk read as follows: retrospect, I believe that would be the Secondly, this was part of the Am- Amendment offered by Mr. Andrews: wrong approach to take at this time. trak authorization bill. We want to do Page 52, after line 13, insert the following Again, I would salute the efforts of the everything we can to see that Amtrak new section: gentleman from Pennsylvania (Mr. makes it. For those of us who voted for SEC. 348. The amount otherwise provided SHUSTER) and the gentleman from Vir- the ARC in the authorization bill, we by section 330 for the Amtrak Reform Coun- ginia (Mr. WOLF) in contributing to the need to give them the ability to do cil is hereby reduced by $300,000. worthy mission of the Amtrak Reform their work. If we don’t, it would be a Mr. SHUSTER. Mr. Chairman, I re- Council. mistake. serve a point of order. In lieu of that idea, I offer this I have a letter from Mr. Carmichael, The CHAIRMAN. The gentleman amendment which limits the funding in Chairman of the Amtrak Reform Coun- from Pennsylvania reserves a point of the new fiscal year for the Amtrak Re- cil. He says: order. form Council to the same amount that ‘‘Cutting ARC’s funding to $450,000 Mr. ANDREWS. Mr. Chairman, I be- the reform council received in fiscal would damage ARC severely. Specifi- lieve that one of the bipartisan success year 1999, namely, $450,000. I would cally, the cut would mean eliminating stories of the last few years in Amer- commend the gentleman from Virginia our valuable program of field hearings ica’s transportation policy has been as chairman of the subcommittee and that are providing important insights the improvements that have taken the gentleman from Minnesota as into the problems of Amtrak and rail place in Amtrak. I am a frequent rider ranking member for their efforts they passenger service throughout the Na- on Amtrak and a great devotee of its have already made in reducing the tion, and laying off at least two of our efforts. I salute all the men and women funding request, which was well over $1 small staff of six’’—they only have a who work so hard for Amtrak. million, down to $750,000, and I thank staff of six—‘‘just at the time when we I also believe that the efforts of the them for that. I believe, though, that will be preparing our first annual re- chairman of the authorizing committee there is no evidence that justifies an port under the Congressional man- the gentleman from Pennsylvania (Mr. increase in the funding of the Amtrak date.’’ SHUSTER), the chairman of the appro- Reform Council, so it is the express in- priations subcommittee the gentleman tent of my amendment and the effect b 1330 from Virginia (Mr. WOLF), together of my amendment that we reduce the The Congress created the panel. I with the gentleman from Minnesota funding for the Amtrak Reform Coun- think to wound the panel at this time (Mr. OBERSTAR) and the gentleman cil down to its fiscal year 1999 level of would be a mistake. from Minnesota (Mr. SABO), their rank- $450,000. In 1998 Amtrak lost $930 million. Am- ing members, have helped to take what Those of us who believe that there is trak’s high speed program, the most was a very critical and difficult situa- risk of mischief, that there is the important element in Amtrak’s pro- tion just a few years ago and turn it chance that important labor protec- gram to improve its financial perform- into a success story. I commend and tions would be undone, those of us who ance to meet the goals of the Amtrak congratulate them for that. believe that the balance that the board Reform and Accountability Act, is now This amendment is really offered in of directors and the management and falling behind schedule, and now for the spirit of continuing the success labor of Amtrak are achieving would be Congress to try to save $300,000, which

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14017 is the amount that Amtrak loses in their shoulder. It is wrong, and it is gaining of the men and women who about an 8-hour period, by under- causing me to rethink my support of work for Amtrak. funding the organization as it is trying Amtrak. The CHAIRMAN. The question is on to bring fiscal sanity and some sem- We have got to provide adequate the amendment offered by the gen- blance of making this organization run funding, and if we do not provide ade- tleman from New Jersey (Mr. AN- appropriately would really be short- quate funding, then it is time, I guess, DREWS). sighted. It would be self-defeating for for us to start looking at more drastic The question was taken; and the those who really want Amtrak to sur- measures concerning Amtrak. Chairman announced that the noes ap- vive, to make it, as the members of Let us not renege on the deal we peared to have it. this committee and most Members of made when we passed Amtrak reform, Mr. ANDREWS. Mr. Chairman, I de- the Congress want. It would be a mis- which included having this provision in mand a recorded vote, and pending that take. it. Let us adequately fund it, tiny as I make the point of order that a So I have great respect, and some- those funds may be, so that they can do quorum is not present. times we just say those things, but I the job they are supposed to do, and I The CHAIRMAN. Pursuant to House am not just saying it for the gentleman urge a vote against this amendment Resolution 218, further proceedings on the amendment offered by the gen- from New Jersey (Mr. ANDREWS), but I which breaks the deal that we made tleman from New Jersey (Mr. AN- really think this would actually hurt previously. Mr. MARTINEZ. Mr. Chairman, I DREWS) will be postponed. Amtrak. Since Congress in its wisdom The point of no quorum is considered move to strike the requisite number of set up the ARC to help Amtrak stay withdrawn. alive, we should not take their ability words. The CHAIRMAN. Are there any other I yield to the gentleman from New away. amendments? So, therefore, I urge the defeat of the Jersey (Mr. ANDREWS). Mr. ANDREWS. Mr. Chairman, I just AMENDMENT OFFERED BY MR. ROGAN amendment, Mr. Chairman. Mr. ROGAN. Mr. Chairman, I offer an want the record to show some of the Mr. SHUSTER. Mr. Chairman, I move amendment. to strike the last word, and I rise in op- fiscal facts about the Amtrak Reform The Clerk read as follows: Council and, in particular, what many position to the amendment also. Amendment offered by Mr. Rogan: The CHAIRMAN. Does the gentleman of us believe is its potential for doing At the end of the bill, insert after the last withdraw the point of order? mischief to the rights of working men section (preceding the short title) the fol- Mr. SHUSTER. I withdraw my point and women in the hard-fought rights of lowing new section: of order; yes, Mr. Chairman. those who belong to collective bar- SEC. ll. None of the funds in this Act The CHAIRMAN. The Chair recog- gaining units to unions in the Amtrak may be used for the planning or development nizes the gentleman from Pennsylvania company. of the California State Route 710 Freeway extension project through South Pasadena, (Mr. SHUSTER) for 5 minutes. The director, the executive director California (as approved in the Record of De- Mr. SHUSTER. Mr. Chairman, I join of the commission, makes $148,000 a cision on State Route 710 Freeway, issued by with the chairman of the Committee year, more than we do. Now I am sure the U.S. Department of Transportation, Fed- on Appropriations’ subcommittee in that individual works very hard, but so eral Highway Administration, on April 13, opposing this amendment. do we, and I am not sure that that is an 1998). We made a deal, and the deal when appropriate expenditure. Mr. ROGAN. Mr. Chairman, I offer we decided to continue to support Am- There is $700,000 for technical support this amendment for the residents of trak was that there would be this inde- and analysis that was requested with- Pasadena and South Pasadena in Cali- pendent commission of public spirited, out much delineation as to what that fornia. Their historic communities are unpaid volunteers appointed by the was for. One of our concerns is that threatened today by a proposal to con- congressional leadership and the Presi- there would be the overuse of outside struct an extension to the 710 freeway dent under our reform law to have consultants, often at the cost of $400 an through South Pasadena. This exten- them look at Amtrak. hour or so, and again I want to say for sion will cost the taxpayers over $11⁄2 Now why does Amtrak need looked the record that the gentleman from billion and will slice the historic com- at? Virginia (Mr. WOLF) I think has done munity of South Pasadena into quar- Amtrak lost $930 million last year. an admirable job in paring down this ters. My amendment offered today will The Federal Government, the tax- request, and I acknowledge and respect prohibit funds from this bill from being payers of America, subsidized Amtrak that. They have proposed a great deal allocated to the planning or construc- to the tune of $1.7 billion last year. So of travel from their travel budgets. tion of the 710 freeway project. this paltry $300,000 that we are debat- And I would also point out that ARC, Mr. Chairman, as my colleagues may ing right here now represents 2 ten- the Amtrak Reform Council, has at its know, we face considerable traffic and thousandths of 1 percent of the money disposal the resources of the Depart- congestion problems in that region. that the taxpayers put into Amtrak. ment of Transportation already. We do Steps must be taken to alleviate this We need this tiny sum so that the com- not need to reinvent this wheel or challenge. However, building an expen- mission can do its work. One of the charge the public twice for something sive, environmentally-harmful freeway reasons we need this additional tiny already at its disposal. The Inspector in the middle of historic South Pasa- sum is because the President was so General’s office at the DOT is also con- dena is not the only or the best solu- tardy in appointing the commissioners. ducting an ongoing assessment of Am- tion. Studies indicate that the 710 free- We need to let them do their work. If trak. The GAO is available with its re- way extension will destroy more than they can come up with one small rec- sources to investigate and think about 1,000 South Pasadena historic homes ommendation, to figure out how to these questions, and then various other and dislocate more than 4,000 people. save 2 ten-thousandths of 1 percent of offices under the auspices of the Sec- More than 7,000 old trees and 70 na- the money the taxpayers put in this retary of Transportation. tional historic buildings will be razed. bill, this will cover this tiny amount of So I simply believe that it is prudent In fact, the National Trust for Historic money that we are speaking about here and right to strike a balance by lim- Preservation has vehemently opposed today. iting funding of the ARC to last year’s the 710 freeway and has worked to stop But the issue really is not the amount that was in last year’s bill of this devastating project. This is the money. The issue here is there are $450,000, and I would just caution that first time in the history of the Na- those who do not want any oversight of many of us are concerned that broader tional Trust For Historic Preservation Amtrak, any independent oversight of financing means broader power, and that they have taken a stand against a Amtrak. They want us to keep pouring broader power means the ability to do Federal Highway project, but this orga- billions of dollars into Amtrak without broader mischief to the hard-fought nization has seen the danger of con- having any outside group looking over rights that were won in collective bar- tinuing the 710 freeway.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14018 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Mr. Chairman, the Federal Govern- Mr. MARTINEZ. Mr. Chairman, I willing to be a good neighbor, because ment shares the concerns of the com- move to strike the requisite number of through South Pasadena that freeway munity leaders regarding this pork words. would not present all of the problems barrel project. A tentative ruling on Mr. Chairman, I really do not know that the gentleman has described, be- ordering a preliminary injunction was why this amendment is before us since cause it would be undergrounded issued by Judge Dean Pragerson in the there is no mention in the appropria- through there, the top of it would be U.S. Federal District Court on June 2 tion bill of the 710 freeway. Regardless, landscaped, historical buildings would of this year. Judge Pragerson found I understand that the gentleman is be replaced and refurbished, so every- that the FHA and Cal Trans failed to here to try to protect one of his cities thing would be put back in order and it properly evaluate Pasadena’s multi- that he represents, and that is com- would not cut the city into quarters, as mode, low-build alternative. In fact, mendable except that all the other cit- he has stated. Judge Pragerson found a lack of new ies in his district are in support of the More than that, this situation has ex- consideration regarding the impact completion of the freeway. isted there for 34 years. If the Trans- upon historic homes and upon the envi- Let me try to explain to my col- portation Department did not intend to ronment in this community. leagues what the situation is with a complete this freeway, they should We do have options which reduce little bit of the background since the have never built it, because every city traffic and minimize the impact of distortion I have heard here today from along that route suffers from lack of traffic mitigation efforts upon the the gentleman from the district to my completion of that freeway. area’s environment. Studies show that north which is understandable given As far as displacing people, the free- a multi-modal, low-build alternative his contention about the completion of way has for a long time displaced peo- could move traffic through the affected the freeway in regards to that city. ple in that the State was required to area at average speeds of almost 18 First, let me correct something. The buy homes and over 40 percent of the miles per hour. As proposed, the 710 ex- City of Pasadena is not in support of homes in that area have been pur- tension would only move traffic at an his amendment. They, in fact, passed a chased by the State and are already average speed of 181⁄2 miles per hour. owned by the State towards the even- This is a meager improvement that resolution in support of the completion of the freeway. We have letters which tual completion of that freeway. does not justify leveling a community But the record of decision that every- we will provide at the appropriate time or spending $1.5 billion on a project body agreed to came to the conclusion in the full committee from the Trans- that is not needed. that the first thing to do was to move portation Department, from Cal Trans, Further, the low-build alternative it from Fremont and the valley where from everybody else involved except will provide 90 percent of the transpor- it has created such a problem to Hun- the City of South Pasadena. tation benefits of the proposed 710 ex- tington Drive. Then the decision would Now, why I find this is illogical is be- tension for one-tenth of the cost. be made. So at this point in time, any I share with the Chair a strong desire cause the record of decision that was funding that would be denied would be to improve our infrastructure in a signed by Rodney Slater, the Secretary denied for a completion that does not manner that enhances communities, of Transportation, was only to move go through the gentleman’s district, protects the environment and uses tax- the freeway from the present closure but up to the gentleman’s district and, payer dollars in a sensible way, but the that it has now on Fremont and Valley thereby, relieving the situation in the 710 freeway project stands in direct op- to Huntington Drive, which is a much city below it. position to these principles. My amend- wider street, to alleviate the traffic If that at that time comes to pass, ment will stop this project in its tracks congestion, the accidents and the envi- that the freeway would need to be com- for the year so that more sensible al- ronmental and soundness of having pleted, that would have to be addressed ternatives to reduce traffic in the area that freeway dump out on Valley Bou- at that time with new environmental can be pursued. levard. impact reports done and the like. Mr. Chairman, I urge adoption of the Now the low-built proposition that At this point in time, the only thing amendment. has been offered several times and in he would be prohibiting is from funding Mr. SHUSTER. Mr. Chairman, will several different manners has been for, if at some future date somebody the gentleman yield? studied over the period of some 35 would decide to fund that portion of Mr. ROGAN. I yield to the gentleman years, and everyone that studied that the freeway to Huntington Drive, he from Pennsylvania. has found that it is inappropriate and Mr. SHUSTER. Mr. Chairman, I would be preventing us from alle- that it would not correct the situation would say to the gentleman that we viating a series of problems that are have examined this amendment. It does that exists and would only make mat- created not only by the lack of comple- not affect the firewalls in TEA–21, and ters more complicated. tion of the freeway, but because of the therefore I have no objection to the The gentleman uses statistic of 18 elevated corridor, which is now going gentleman’s amendment. miles per hour on surface streets; that to put an extensive amount of train Mr. ROGAN. Mr. Chairman, I thank is absolutely true; and then 18 miles traffic through the district with many the gentleman from Pennsylvania for per hour on a freeway that cannot pos- of the crossings being at grade, not those words. sibly be except in the heaviest of con- below grade, and in this record of deci- Mr. WOLF. Mr. Chairman, I move to gestion, and if that freeway were com- sion also, money was appropriated or strike the last word, and I rise in sup- pleted, there would not be that conges- was established that would be appro- port of the amendment. tion. priated for the taking of those railroad We did this several years ago for the b 1345 crossings and putting them below gentleman from New York (Mr. NAD- grade. LER). In fact, I believe, if my memory But more than that, the whole mis- So at this point in time I oppose the serves me, that we actually carried it understanding of this situation, as I gentleman’s amendment, and I would in the bill. I think we should defer to a said earlier, is that the record of deci- urge my colleagues to oppose it, since Member who known firsthand their sion only takes the freeway, relieving the completion that is taking place is own congressional district. Each mem- that congestion to the City of Alham- within my district. ber knows their Congressional districts bra to Huntington Drive, and the por- Mr. SABO. Mr. Chairman, I move to needs. This was the same principle we tion that goes to that point is not in strike the requisite number of words. used with regard to Mr. NADLER in the the gentleman’s district, but is in my Mr. Chairman, I have a question for past, and it is the same principle we district. the gentleman from California (Mr. would use here. I have certainly the right to stand ROGAN), and I would like to engage him So I rise in support of the amend- and try to protect my city of Alhambra in a colloquy at this time. ment offered by the gentleman from from all of the impacts that have been Mr. Chairman, I do not know any- California (Mr. ROGAN). created, because South Pasadena is un- thing about this project, although I do

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14019

not know where it is, what it is, and I a project that could go forward from Pennsylvania (Mr. SHUSTER), to suspect most House Members do not. Is through the general funds of the FHWA take it out and stop the road in this a highway demo? when, in fact, it may be a waste of Georgetown, South Carolina. So I do Mr. ROGAN. Mr. Chairman, will the money and certainly would have a very think there is historical precedence gentleman yield? bad impact on the community. here. Mr. SABO. I yield to the gentleman Mr. SABO. So, Mr. Chairman, re- Mr. SABO. Mr. Chairman, reclaiming from Minnesota. claiming my time, this highway is also my time, was that a demo? Mr. ROGAN. Mr. Chairman, this is a in the courts? Mr. SANFORD. No, it was not. completion of a freeway project that Mr. ROGAN. Yes. The CHAIRMAN. The time of the was designed 50 years ago. Mr. SABO. And we are going to pre- gentleman from Minnesota (Mr. SABO) Mr. SABO. Mr. Chairman, reclaiming judge what the courts are going to do? has expired. my time. Is this a highway project that Mr. ROGAN. Mr. Chairman, if the (By unanimous consent, Mr. SABO was designed by the State of California gentleman will continue to yield, all I was allowed to proceed for 2 additional with general highway funds? am attempting to do, as I indicated in minutes.) Mr. MARTINEZ. Mr. Chairman, will Mr. ROGAN. Mr. Chairman, if the my opening statement, is try to pro- the gentleman yield? gentleman will yield, I cannot answer tect an historic area of the community Mr. SABO. I yield to the gentleman the question of the gentleman. It was and protect the environment. from California. designed before I was born. I am not Mr. SABO. Mr. Chairman, reclaiming Mr. MARTINEZ. Mr. Chairman, there sure where the source of the design my time, I am sure the gentleman is, are several differences between the ex- came from. but I am sort of curious why the U.S. amples that have been given here Mr. SABO. But it is not a demo House of Representatives on a late today. The freeway was set for comple- project that we have specifically des- afternoon on the House floor, where tion, the design was there. The reason ignated by Federal law? most of us are not familiar with the it was stopped is because in the State Mr. MARTINEZ. Mr. Chairman, will project, should override whatever the of California, we have a law that re- the gentleman yield? normal procedures are and adopt an quires the cities to give permission for Mr. SABO. I yield to the gentleman amendment saying we cannot do some- street closures when freeways were from California. thing which one normally can do in the being built through a city. South Pasa- Mr. MARTINEZ. Mr. Chairman, the State of California. dena used that gimmick to stop the answer to the gentleman’s question is Mr. ROGAN. Mr. Chairman, if the freeway because they refused to close yes. The State of California designed gentleman will again yield, it is be- the streets for the freeway to be built. that freeway with the intention of cause we have the purse strings here, Some 17 years later, when I was completing it. and we have the right in the oversight elected to the State legislature, with a Mr. SABO. Mr. Chairman, reclaim- to say whether or not such projects are negotiation with South Pasadena, we ing, my time, but it is not a demo? going to be developed. were able to pass a law that took that Mr. MARTINEZ. No, Mr. Chairman. Mr. SABO. Mr. Chairman, reclaiming right of veto, because it actually Mr. SABO. So this is a project, Mr. my time, I do not know that we have amounts to veto, away from cities so Chairman, that has proceeded under often done that, although I hate to say that freeways that were for the best in- whatever the procedures are in Cali- never, on particular projects that are terests of the community and the sur- fornia, I assume using general Federal not demos. rounding communities and the whole highway aid money, through the nor- Mr. WOLF. Mr. Chairman, will the area of L.A., because that completes a mal environmental process, dealing in gentleman yield? circulation pattern in the county of whatever fashion they do in California Mr. SABO. I yield to the gentleman L.A., then that was passed and signed with local units of government. I gath- from Virginia. by the governor. Subsequent to that, er some of this project is built right Mr. WOLF. Mr. Chairman, I think we we have had at every instance a road- now, and right now it is at a stop; is did several years ago, and the gen- block put by South Pasadena trying to that accurate? tleman from New York (Mr. NADLER) stop the freeway. Mr. MARTINEZ. Mr. Chairman, if the can better explain, as the gentleman is Now, every community in southern gentleman will yield, yes, it is. here. California has got a freeway running to Mr. SABO. Mr. Chairman, I am find- Mr. SABO. Mr. Chairman, that was it, by it or through it. We have all had ing it difficult to understand why on that big elevated thing in New York? to suffer the indignation during the the House floor where most of us do Mr. WOLF. Yes, Mr. Chairman. We building of it and we have all had to not know what we are doing, we should interceded against it. put up with a lot of inconveniences, in make a judgment on what happens in Mr. SABO. But was that not a high- many cases no sound walls until more the State of California with funds that way demo? recently a bill was passed to require they control, subject to the normal Mr. WOLF. Mr. Chairman, the staff more sound walls. procedures that we have. tells me that it was not. That was in All of these things have been miti- Mr. ROGAN. Mr. Chairman, will the opposition to the State of New York in gated for South Pasadena in every way. gentleman yield? defense to the gentleman from the dis- As I said, it will be undergrounded Mr. SABO. I yield to the gentleman trict. through South Pasadena, no on ramps from California. Mr. SANFORD. Mr. Chairman, will or off ramps, everything that is pos- Mr. ROGAN. Mr. Chairman, I appre- the gentleman yield? sible to be done for South Pasadena has ciate the gentleman’s inquiry, and I Mr. SABO. I yield to the gentleman been done, and yet they refuse. Every will try to enlighten the gentleman. from South Carolina. county in L.A. at one time or another In fact, the point the gentleman Mr. SANFORD. Mr. Chairman, just as has passed a resolution in order to makes is the point that is currently be- much as I can shed light on this for the complete that freeway because of the fore the Federal court. A permanent benefit of my colleague from Cali- suffering that it causes everywhere ruling is going to come down on July 1, fornia, I guess it was the year before else, and more than that, the State but the Federal court, in a temporary last there had been basically authoriza- Transportation Department is in total ruling to an injunction has said a num- tion within the Federal highway bill support of the completion of that free- ber of these factors have not been con- for an interstate to run down to way. CALTRANS is in total support of sidered, such as the environmental im- Charleston, South Carolina. that freeway. Everybody except South pact, the impact upon the historic area Our environmental community did Pasadena is in support of completion of of the community. So what I am at- not want that road running down to that freeway because of the need for it. tempting to do in this amendment is to Charleston, and so we were actually Mr. SABO. Mr. Chairman, I remain stop the spending of Federal dollars on able, with the help of the gentleman confused.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14020 CONGRESSIONAL RECORD—HOUSE June 23, 1999 The CHAIRMAN. The question is on bill up, that the Federal Government This time I rise to offer an amend- the amendment offered by the gen- makes more of an effort to lead ment to keep valuable taxpayer dollars tleman from California (Mr. ROGAN). through example and make sure that from being wasted on an outrageous The question was taken; and the every Federal transit dollar that is boondoggle in my district in New York. Chairman announced that the ayes ap- spent, no matter who spends it, is The issue is simple: The Miller High- peared to have it. spending it in the purchase and the use way, which is 13 blocks long, the entire Mr. MARTINEZ. Mr. Chairman, I de- of clean technology, clean buses and thing, 13 blocks, half a mile, was al- mand a recorded vote. clean mass transit. most completely rebuilt only 5 years The CHAIRMAN. Pursuant to House For those of us that have worked on ago at a cost to the taxpayers of al- resolution 218, further proceedings on air pollution issues, it is frustrating to most $90 million. It has a life expect- the amendment offered by the gen- see the Federal Government, State ancy expectancy of 35 to 40 years before tleman from California (Mr. ROGAN) governments, and local governments major rehabilitation work may be nec- will be postponed. mandate that private citizens and the essary. Mr. BENTSEN. Mr. Chairman, I move private sector clean up their act, while Now Donald Trump wants us to spend to strike the last word. we have not redirected our resources $300 to $350 million to tear it down, a Mr. Chairman, I will not take the full towards the cleanest technology avail- brand new highway, and bury it, bury 5 minutes. I was unable to be here for able. I would just ask the sub- it so it will not block the views of the the earlier part of the debate. I wanted committee chairman if he would be Hudson River from some of the apart- to rise in strong support of the fiscal willing to work with we in the next fis- ments in his new Riverside South lux- year 2000 Transportation Appropria- cal year to make sure next year’s allo- ury housing development. For $350 mil- tions bill, and in particular, to com- cation places a priority on the cleanest lion of the taxpayers’ money, Donald mend the chairman and the ranking technology available and that Federal Trump will get higher prices for his member for crafting this bipartisan funds should be used on technology condos. legislation. that will not only get our people To add flame to the fire, nobody even In particular, I want to express my around, but also do it without pol- pretends there is any transportation appreciation to the committee for pro- luting the air. purpose for this project whatsoever. In- viding $1 million appropriations for the Mr. WOLF. Mr. Chairman, will the deed, the proposal is to replace a planning and design of the Main Street gentleman yield? straight segment of highway with a Corridor project in Houston, Texas, a Mr. BILBRAY. I yield to the gen- curved segment, never a good idea from large part of which runs through my tleman from Virginia. a transportation perspective. congressional district. The city of Mr. WOLF. Mr. Chairman, I will. As Nobody in the area affected in the Houston, in collaboration with the the gentleman knows, there is money community wants this project. It is op- Houston Metro and the Main Street Co- in the bill here, I believe $100 million, posed by every local elected official, alition, Incorporated is about to under- directed toward that effort, but we will the State senator, the State assembly take a study of one of the most com- be glad to work with him to see that member, the New York City council prehensive urban redevelopment we can do a better job for more. member, the Manhattan borough presi- projects in Houston’s history. Mr. BILBRAY. Mr. Chairman, re- dent, and the two local community The city of Houston is committed to claiming my time, I appreciate that. I planning boards. redeveloping Main Street. Redevel- think this is the beginning of a process In past years this project has been oping the city’s ‘‘urban spine’’ is crit- that we can work together. Mr. Chair- opposed consistently by the ical to Houston’s ability to compete man, I want to point out that Chair- Porkbusters Coalition, the Council for economically, culturally, and socially man SHUSTER on the Transportation Citizens Against Government Waste, in the next century. This project has Committee has started this process. the National Taxpayers Union, the the potential for becoming a thriving Traditionally for the last 30 years, Taxpayers for Common Sense, not to retail and commercial anchor for the Washington has been subsidizing dirty mention the administration. future of economic growth. polluting diesel fuel while we have pur- Much is said in this Chamber about I again appreciate the work of both ported to be for clean air. stopping waste and put an end to tax- the chairman and the ranking member b 1400 payers’ subsidies for millionaires and for including this, and I recommend billionaires. Today we have an oppor- passage of the bill. I appreciate Chairman SHUSTER and tunity to buttress these statements Mr. BILBRAY. Mr. Chairman, I move WOLF in trying to change that mindset. with actions. to strike the requisite number of I would just ask that next year, going To make it even worse, this is a words. into the next millenium, we draw the project that is not going to happen. Mr. Chairman, I am going to support line and say we will now support the What we are doing is wasting money on the Transportation Appropriations bill, clean air strategies with our commit- planning an engineering studies for a but I want to raise an issue that was ment of Federal transportation funds. project that will not happen. discussed last year during the TEA–21 AMENDMENT OFFERED BY MR. NADLER In the letter that was quoted on the debate. The Federal Government is Mr. NADLER. Mr. Chairman, I offer floor last year from the mayor of the mandating that communities reduce an amendment. city of New York, he says as follows, their emissions from air pollution and The Clerk read as follows: dated March 26, last year: ‘‘While the is requiring that the private sector Amendment offered by Mr. Nadler: administration is fully committed to clean up its act on air emissions, yet it At the end of the bill, insert after the last the Miller Highway relocation,’’ they section (preceding the short title) the fol- think it is a good project, unlike me, continues to provide funds to local lowing new section: transportation agencies that are, in SEC. ll. None of the funds in this Act ‘‘it is critical that the funds for the fact, polluting the environment. I will shall be available to carry out the project project not redirect or act as an offset give my colleagues an example, and I specified in item 732 of the table contained in for Federal or State funds for other would ask us to reconsider our prior- section 1602 of Public Law 105–178. Transportation and Infrastructure ities in the very near future. Mr. SHUSTER. Mr. Chairman, I re- projects in New York City. The city We are going to spend $2.7 billion on serve a point of order on the amend- has numerous pressing highway and traditional polluting mass transit ment. transportation needs that have Federal using diesel fuel while only $50 million The CHAIRMAN. A point of order is financial support, and the administra- is going to clean technology. reserved. tion would not be able to support a re- I would just ask both Chairmen WOLF Mr. NADLER. As Yogi Berra said, location proposal that reduced the Fed- and SHUSTER, who are here today, that Mr. Chairman, it feels like deja vu all eral commitments to these other next year, when we bring this spending over again. projects.’’

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14021 In other words, they are only going Are there any further amendments? Lantos Napolitano Shows Larson Neal Sisisky to do this project if the House decides SEQUENTIAL VOTES POSTPONED IN COMMITTEE Latham Ney Skelton that we are going to take $300 million OF THE WHOLE LaTourette Norwood Slaughter over and above what New York nor- The CHAIRMAN. Pursuant to House Lazio Nussle Smith (NJ) mally gets for transportation and give Leach Oberstar Smith (WA) Resolution 218, proceedings will now Lee Obey Snyder it specifically for this project. That is resume on those amendments on which Levin Olver Spratt obviously not going to happen. further proceedings were postponed in Lewis (CA) Ortiz Stabenow They are not willing to, the city gov- the following order: Lewis (GA) Ose Stark Linder Owens Stearns ernment is not willing to take $300 mil- The amendment offered by the gen- Lipinski Oxley Strickland lion from the normal city Federal aid tleman from New Jersey (Mr. AN- LoBiondo Pallone Stupak for transportation, take it away from DREWS); Lofgren Pascrell Sweeney other projects for this. So what we are Lowey Pastor Tancredo The amendment offered by the gen- Lucas (KY) Paul Tanner left with is a project that is not going tleman from California (Mr. ROGAN). Luther Payne Tauscher to happen because no one is going to The Chair will reduce to 5 minutes Maloney (CT) Pelosi Tauzin put the money into it, but we will the time for any electronic vote after Maloney (NY) Peterson (MN) Taylor (MS) Markey Phelps Thompson (CA) waste 6 million a year, $5 million a the first vote in this series. Martinez Pomeroy Thompson (MS) year on environmental and planning AMENDMENT OFFERED BY MR. ANDREWS Mascara Portman Thune studies and engineering studies for a The CHAIRMAN. The pending busi- Matsui Price (NC) Thurman project that will never happen. McCarthy (MO) Quinn Tierney ness is the demand for a recorded vote McCarthy (NY) Radanovich Towns My amendment is simply saying, do on the amendment offered by the gen- McDermott Rahall Traficant not waste that $6 million, $10 million tleman from New Jersey (Mr. AN- McGovern Rangel Turner on planning study for a project that McInnis Reyes Udall (CO) DREWS) on which further proceedings should not happen and that will not McIntyre Reynolds Udall (NM) were postponed and on which the ayes McKeon Rivers Upton happen. prevailed by voice vote. McKinney Rodriguez Velazquez Mr. SHUSTER. Mr. Chairman, I move McNulty Roemer Vento The Clerk will designate the amend- Meehan Ros-Lehtinen Visclosky to strike the word. ment. Mr. Chairman, it will be my inten- Meek (FL) Rothman Vitter The Clerk designated the amend- Meeks (NY) Roybal-Allard Walden tion in a moment to withdraw my res- ment. Menendez Rush Walsh ervation on my point of order, but I Metcalf Ryan (WI) Waters would make the point that I do not see RECORDED VOTE Millender- Sabo Watt (NC) The CHAIRMAN. A recorded vote has McDonald Salmon Weiner any additional dollars being spent be- Miller, George Sanchez Weldon (PA) yond T–21 on this project unless there been demanded. Minge Sanders Weller is very substantial investment in the A recorded vote was ordered. Mink Sandlin Wexler project by both the State and the city. The vote was taken by electronic de- Moakley Sawyer Weygand vice, and there were—ayes 289, noes 141, Mollohan Schaffer Whitfield As the gentleman has pointed out, Moore Schakowsky Wilson that seems to be, in all probability, not not voting 4, as follows: Moran (KS) Scott Wise going to happen. [Roll No. 248] Moran (VA) Sensenbrenner Woolsey Murtha Serrano Wu Therefore, Mr. Chairman, I would AYES—289 Myrick Sherman Wynn withdraw my reservation on my point Abercrombie Coyne Graham Nadler Shimkus Young (AK) Ackerman Cramer Green (TX) of order and ask the gentleman if he NOES—141 would withdraw his amendment. Allen Crowley Green (WI) Andrews Cummings Greenwood Aderholt Everett Morella The CHAIRMAN. The point of order Bachus Danner Gutierrez Archer Fowler Nethercutt is withdrawn. Baird Davis (FL) Hall (OH) Armey Franks (NJ) Northup Mr. NADLER. Mr. Chairman, I ask Baldacci Davis (IL) Hastings (FL) Baker Frelinghuysen Packard unanimous consent to strike the req- Baldwin Deal Hefley Barr Gallegly Pease Ballenger DeGette Hill (IN) Barrett (NE) Gekas Peterson (PA) uisite number of words. Barcia Delahunt Hill (MT) Bartlett Gibbons Petri The CHAIRMAN. Is there objection Barrett (WI) DeLauro Hilleary Barton Goode Pickering to the request of the gentleman from Bass DeMint Hilliard Bateman Goodlatte Pickett Becerra Deutsch Hinchey Bereuter Goss Pitts New York? Bentsen Diaz-Balart Hinojosa Biggert Granger Pombo There was no objection. Berkley Dickey Hoeffel Bilbray Gutknecht Porter Mr. NADLER. Mr. Chairman, if I Berman Dicks Holden Bliley Hall (TX) Pryce (OH) heard correctly, and if in fact what the Berry Dingell Holt Bonilla Hansen Ramstad Bilirakis Dixon Hooley Bono Hastings (WA) Regula gentleman from Pennsylvania (Mr. Bishop Doggett Hostettler Brady (TX) Hayes Riley SHUSTER) is saying is that unless the Blagojevich Dooley Hoyer Bryant Hayworth Rogan city and the State come up with a spe- Blumenauer Doyle Hulshof Burr Herger Rogers Blunt Duncan Hutchinson Burton Hobson Rohrabacher cific financing plan to show a commit- Boehlert Edwards Inslee Buyer Hoekstra Roukema ment for the bulk of the money, three- Boehner Emerson Jackson (IL) Callahan Horn Royce quarters or whatever of the several Bonior Engel Jackson-Lee Calvert Houghton Ryun (KS) hundred million dollars that this will Borski English (TX) Canady Hunter Sanford Boswell Eshoo Jefferson Castle Hyde Saxton take, which I do not believe can hap- Boucher Etheridge Jenkins Chabot Isakson Scarborough pen, but that unless that happens there Boyd Evans John Chambliss Istook Sessions will not be additional funding for this Brady (PA) Ewing Johnson, E.B. Coble Johnson (CT) Shadegg Brown (FL) Farr Johnson, Sam Coburn Kasich Shaw project, then I think that is a very wise Brown (OH) Fattah Jones (NC) Collins Kingston Shays statement and it would render the Camp Filner Jones (OH) Combest Knollenberg Sherwood amendment unnecessary. Campbell Foley Kanjorski Cook Kolbe Shuster Mr. Chairman, I ask unanimous con- Cannon Forbes Kaptur Cooksey Kuykendall Simpson Capps Ford Kelly Cox Largent Skeen sent to withdraw the amendment, and I Capuano Fossella Kennedy Crane Lewis (KY) Smith (MI) appreciate the commitment from the Cardin Frank (MA) Kildee Cubin Lucas (OK) Smith (TX) gentleman from Pennsylvania. Carson Frost Kilpatrick Cunningham Manzullo Souder The CHAIRMAN. Is there objection Chenoweth Ganske Kind (WI) Davis (VA) McCollum Spence Clay Gejdenson King (NY) DeLay McCrery Stenholm to the request of the gentleman from Clayton Gephardt Kleczka Doolittle McHugh Stump New York? Clement Gillmor Klink Dreier McIntosh Sununu There was no objection. Clyburn Gilman Kucinich Dunn Mica Talent Condit Gonzalez LaFalce Ehlers Miller (FL) Taylor (NC) The CHAIRMAN. The amendment is Conyers Goodling LaHood Ehrlich Miller, Gary Terry withdrawn. Costello Gordon Lampson

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14022 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Thomas Wamp Weldon (FL) Dicks Kingston Rohrabacher Larson Napolitano Shows Thornberry Watkins Wicker Doggett Knollenberg Ros-Lehtinen Lee Neal Sisisky Tiahrt Watts (OK) Wolf Doolittle Kolbe Roukema Levin Oberstar Skelton Toomey Waxman Young (FL) Dreier Kucinich Royce Lewis (GA) Obey Slaughter Duncan Kuykendall Lipinski Olver Smith (WA) NOT VOTING—4 Ryan (WI) Dunn LaHood Ryun (KS) Lofgren Ortiz Spratt Brown (CA) Fletcher Edwards Largent Salmon Lowey Owens Stabenow DeFazio Gilchrest Ehlers Latham Sanford Lucas (KY) Pallone Stark Ehrlich LaTourette Saxton Luther Pascrell Stenholm b 1430 Emerson Lazio Scarborough Maloney (CT) Pastor Strickland English Leach Schaffer Maloney (NY) Payne Stupak Markey Pelosi Tanner Messrs. MILLER of Florida, Everett Lewis (CA) Sensenbrenner Martinez Phelps Tauscher Ewing Lewis (KY) Sessions HASTINGS of Washington, Mascara Pomeroy Thompson (MS) Fletcher Linder Shadegg ADERHOLT, KINGSTON, KASICH, Matsui Price (NC) Thurman Foley LoBiondo Shaw HAYES, BRYANT, SMITH of Michigan, Forbes Lucas (OK) McCarthy (NY) Rahall Tierney Shays Fossella Manzullo McDermott Rangel Towns and SHADEGG changed their vote from Sherwood Fowler McCarthy (MO) McGovern Reyes Turner ‘‘aye’’ to ‘‘no.’’ Shimkus Franks (NJ) McCollum McKinney Rivers Udall (CO) Shuster Messrs. HILL of Montana, FORBES, Frelinghuysen McCrery McNulty Rodriguez Udall (NM) Simpson YOUNG of Alaska, DEMINT, DUNCAN, Gallegly McHugh Meehan Roemer Velazquez Skeen Ganske McInnis Meek (FL) Rothman Vento SALMON, GEORGE MILLER of Cali- Smith (MI) Meeks (NY) Roybal-Allard Visclosky fornia, DICKEY, FOSSELLA, Gekas McIntosh Gibbons McIntyre Smith (NJ) Menendez Rush Waters STEARNS, MOLLOHAN and Gillmor McKeon Smith (TX) Millender- Sabo Watt (NC) METCALF and Mrs. EMERSON Gilman Metcalf Snyder McDonald Sanchez Waxman Miller, George Sanders Weiner changed their vote from ‘‘no’’ to ‘‘aye.’’ Goode Mica Souder Goodlatte Miller (FL) Spence Minge Sandlin Wexler So the amendment was agreed to. Goodling Miller, Gary Stearns Mink Sawyer Weygand The result of the vote was announced Goss Moore Stump Moakley Schakowsky Wise as above recorded. Graham Moran (KS) Sununu Mollohan Scott Woolsey Granger Moran (VA) Sweeney Murtha Serrano Wu Green (WI) Morella Talent Nadler Sherman Wynn b 1430 Greenwood Myrick Tancredo NOT VOTING—3 Gutknecht Nethercutt Tauzin ANNOUNCEMENT BY THE CHAIRMAN Brown (CA) DeFazio Gilchrest Hansen Ney Taylor (MS) The CHAIRMAN. Pursuant to House Hastings (WA) Northup Taylor (NC) b 1438 Resolution 218, the Chair announces Hayes Norwood Terry that he will reduce to a minimum of 5 Hayworth Nussle Thomas So the amendment was agreed to. Hefley Ose Thompson (CA) The result of the vote was announced minutes the period of time within Herger Oxley which a vote by electronic device will Thornberry as above recorded. Hill (MT) Packard Thune The CHAIRMAN. Are there any fur- be taken on each amendment on which Hilleary Paul Tiahrt Hobson Pease ther amendments to the bill? the Chair has postponed further pro- Toomey Hoekstra Peterson (MN) Traficant AMENDMENT OFFERED BY MR. SMITH OF ceedings. Hooley Peterson (PA) Upton MICHIGAN AMENDMENT OFFERED BY MR. ROGAN Horn Petri Hostettler Pickering Vitter Mr. SMITH of Michigan. Mr. Chair- The CHAIRMAN. The pending busi- Houghton Pickett Walden man, I offer an amendment. ness is the demand for a recorded vote Hulshof Pitts Walsh The Clerk read as follows: Hunter Pombo Wamp on the amendment offered by the gen- Amendment offered by Mr. SMITH of Michi- Hutchinson Porter Watkins tleman from California (Mr. ROGAN) on gan: Hyde Portman Watts (OK) which further proceedings were post- Isakson Pryce (OH) Weldon (FL) At the end of the bill, insert the following poned and on which the ayes prevailed Istook Quinn Weldon (PA) new section: SECTION ll. Amend paragraph ‘‘Capital by voice vote. Jenkins Radanovich Weller Johnson (CT) Ramstad Whitfield investment Grants’’ by striking The Clerk will designate the amend- Johnson, Sam Regula Wicker ‘‘$2,451,000,000’’ and inserting ‘‘$1,470,600,000’’. ment. Jones (NC) Reynolds Wilson On page 26, line 15, strike ‘‘$980,400,000’’ and The Clerk designated the amend- Kasich Riley Wolf insert ‘‘$0’’. ment. Kelly Rogan Young (AK) King (NY) Rogers Young (FL) Mr. SMITH of Michigan (during the RECORDED VOTE reading). Mr. Chairman, I ask unani- The CHAIRMAN. A recorded vote has NOES—190 mous consent that the amendment be been demanded. Abercrombie Conyers Gutierrez considered read and printed in the A recorded vote was ordered. Ackerman Costello Hall (OH) RECORD. The CHAIRMAN. This will be a 5- Allen Coyne Hall (TX) The CHAIRMAN. Is there objection Andrews Cramer Hastings (FL) to the request of the gentleman from minute vote. Baird Crowley Hill (IN) The vote was taken by electronic de- Baldacci Cummings Hilliard Michigan? vice, and there were—ayes 241, noes 190, Baldwin Davis (FL) Hinchey There was no objection. Barcia Davis (IL) Hinojosa not voting 3, as follows: POINT OF ORDER Barrett (WI) DeGette Hoeffel Mr. WOLF. Mr. Chairman, I rise to [Roll No. 249] Becerra Delahunt Holden Bentsen DeLauro Holt make a point of order against the AYES—241 Berkley Deutsch Hoyer amendment because the author seeks Aderholt Boehlert Chenoweth Berman Dingell Inslee to amend a paragraph that has already Archer Boehner Clayton Berry Dixon Jackson (IL) Armey Bonilla Coble Bishop Dooley Jackson-Lee been read under the 5-minute rule. Bachus Bono Coburn Blagojevich Doyle (TX) The House Rules and Manual clearly Baker Brady (TX) Collins Bonior Engel Jefferson state in Section 872 that: ‘‘When a Ballenger Bryant Combest Borski Eshoo John paragraph or section has been passed it Barr Burr Cook Boswell Etheridge Johnson, E.B. Barrett (NE) Burton Cooksey Boucher Evans Jones (OH) is not in order to return thereto.’’ Bartlett Buyer Cox Boyd Farr Kanjorski This amendment comes too late, and Barton Callahan Crane Brady (PA) Fattah Kaptur I ask for a ruling from the Chair, but in Bass Calvert Cubin Brown (FL) Filner Kennedy deference to the gentleman from Bateman Camp Cunningham Brown (OH) Ford Kildee MITH Bereuter Campbell Danner Capps Frank (MA) Kilpatrick Michigan (Mr. S ), Mr. Chairman, I Biggert Canady Davis (VA) Capuano Frost Kind (WI) ask that he be given several minutes to Bilbray Cannon Deal Cardin Gejdenson Kleczka explain his amendment. Bilirakis Carson DeLay Clay Gephardt Klink PARLIAMENTARY INQUIRY Bliley Castle DeMint Clement Gonzalez LaFalce Blumenauer Chabot Diaz-Balart Clyburn Gordon Lampson Mr. SABO. Mr. Chairman, parliamen- Blunt Chambliss Dickey Condit Green (TX) Lantos tary inquiry. Did I understand my

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14023

friend from Virginia (Mr. WOLF) to CAMP, Chairman of the Committee of Gonzalez Luther Roybal-Allard raise a point of order against the the Whole House on the State of the Goode Maloney (CT) Rush Goodlatte Maloney (NY) Ryan (WI) amendment but requests unanimous Union, reported that that Committee, Goodling Manzullo Ryun (KS) consent that the gentleman from having had under consideration the bill Gordon Markey Sabo Michigan (Mr. SMITH) might have 2 (H.R. 2084) making appropriations for Goss Martinez Salmon minutes to explain his amendment be- the Department of Transportation and Graham Mascara Sanchez Granger Matsui Sanders fore a ruling by the Chair? related agencies for the fiscal year end- Green (TX) McCarthy (MO) Sandlin The CHAIRMAN. The Chair would ing September 30, 2000, and for other Green (WI) McCarthy (NY) Sanford ask the gentleman from Virginia (Mr. purposes, pursuant to House Resolution Greenwood McCollum Sawyer Gutierrez McCrery Saxton WOLF) has he made a point of order or 218, he reported the bill back to the Gutknecht McDermott Scarborough has he simply reserved a point of House with sundry amendments adopt- Hall (OH) McGovern Schaffer order? ed by the Committee of the Whole. Hall (TX) McHugh Schakowsky Mr. WOLF. Mr. Chairman, I will re- The SPEAKER pro tempore. Under Hansen McInnis Scott Hastert McIntosh serve a point of order in deference to the rule, the previous question is or- Sensenbrenner Hastings (FL) McIntyre Serrano the gentleman, and then I will make dered. Hastings (WA) McKeon Sessions the point of order after the gentleman Is a separate vote demanded on any Hayes McKinney Shadegg has an opportunity to explain. Hayworth McNulty Shaw amendment? If not, the Chair will put Hefley Meehan The CHAIRMAN. The point of order them en gros. Shays Herger Meek (FL) Sherman is reserved, and the gentleman from The amendments were agreed to. Hill (IN) Meeks (NY) Sherwood Michigan (Mr. SMITH) is recognized for The SPEAKER pro tempore. The Hill (MT) Menendez Shimkus 5 minutes. Hilleary Metcalf Shows question is on the engrossment and Hilliard Mica Mr. SMITH of Michigan. Mr. Chair- third reading of the bill. Shuster Hinchey Millender- Simpson man, this is an amendment that the The bill was ordered to be engrossed Hinojosa McDonald Sisisky gentleman from Ohio (Mr. CHABOT) and and read a third time, and was read the Hobson Miller (FL) Skeen Miller, Gary Hoeffel Skelton I had introduced. I understand that third time. Hoekstra Miller, George Slaughter TEA–21 might be a reason for claiming Holden Minge Smith (MI) Holt Mink it out of order. In addition, it amends 1445 Smith (NJ) b Hooley Moakley page 26 of the bill. Smith (TX) Horn Mollohan The CHAIRMAN. The question is on Smith (WA) Let me just briefly tell the body our Hostettler Moore passage of the bill. Snyder concern with spending millions of dol- Houghton Moran (KS) Souder Pursuant to clause 10 of rule XX, the Hoyer Moran (VA) lars for new fixed-rail starts. This Spence yeas and nays are ordered. Hulshof Morella amendment, if passed, would have Spratt Hunter Murtha The yeas and nays were ordered. Stabenow saved $980 million. What happens is, Hutchinson Myrick Stark these new subway systems, these new The vote was taken by electronic de- Hyde Nadler fixed-rail systems are not paying their vice, and there were—yeas 429, nays 3, Inslee Napolitano Stearns not voting 3, as follows: Isakson Neal Stenholm way. They are extremely expensive. Strickland [Roll No. 250] Istook Nethercutt I am going to say this very quickly Jackson (IL) Ney Stump and very briefly. It is an issue that YEAS—429 Jackson-Lee Northup Stupak (TX) Norwood Sununu should concern us all. I understand Abercrombie Brown (OH) DeLay Sweeney that most of these new starts are Re- Ackerman Bryant DeMint Jefferson Nussle Jenkins Oberstar Talent publican projects, but a Department of Aderholt Burr Deutsch Tancredo Allen Burton Diaz-Balart John Obey Transportation study has found that Johnson (CT) Olver Tanner Andrews Buyer Dickey Tauscher Archer Callahan Johnson, E.B. Ortiz subsidies for building and operating Dicks Tauzin Armey Calvert Dingell Johnson, Sam Ose mass transit rail programs cost be- Taylor (MS) Bachus Camp Dixon Jones (NC) Owens Taylor (NC) tween $4,800 and $17,000 annually for Baird Campbell Doggett Jones (OH) Oxley Terry each rider. Baker Canady Dooley Kanjorski Packard Thomas Baldacci Cannon Doolittle Kaptur Pallone Then, after we build the system, we Thompson (CA) Baldwin Capps Doyle Kasich Pascrell continue to subsidize them. We have Thompson (MS) Ballenger Capuano Dreier Kelly Pastor Thornberry increased the Federal Government’s Barcia Cardin Duncan Kennedy Payne Thune cost share because local communities Barr Carson Dunn Kildee Pease Thurman Barrett (NE) Castle Edwards Kilpatrick Pelosi are not interested in putting in 50 per- Tiahrt Barrett (WI) Chabot Ehlers Kind (WI) Peterson (MN) cent of the cost. I think it is an issue Bartlett Chambliss Ehrlich King (NY) Peterson (PA) Tierney that we need to consider. We need to Barton Clay Emerson Kingston Petri Toomey Bass Clayton Engel Kleczka Phelps Towns look about us as we are threatened Traficant with spending the Social Security sur- Bateman Clement English Klink Pickering Becerra Clyburn Eshoo Knollenberg Pickett Turner plus money. It is a special challenge to Bentsen Coble Etheridge Kolbe Pitts Udall (CO) each one of us to make sure we be very Bereuter Coburn Evans Kucinich Pombo Udall (NM) frugal. There is not a single mass tran- Berkley Collins Everett Kuykendall Pomeroy Upton Berman Combest Ewing LaFalce Porter Velazquez sit rail system in the U.S. that covers Berry Condit Farr LaHood Portman Vento its operating cost with fares. Biggert Conyers Fattah Lampson Price (NC) Visclosky Mr. Chairman, I ask unanimous con- Bilbray Cook Filner Lantos Pryce (OH) Vitter Walden sent to withdraw my amendment. Bilirakis Cooksey Fletcher Largent Quinn Bishop Costello Foley Larson Radanovich Walsh The CHAIRMAN. Is there objection Blagojevich Cox Forbes Latham Rahall Wamp to the request of the gentleman from Bliley Coyne Ford LaTourette Ramstad Waters Michigan? Blumenauer Cramer Fossella Lazio Rangel Watkins Blunt Crane Fowler Leach Regula Watt (NC) There was no objection. Boehlert Crowley Frank (MA) Lee Reyes Watts (OK) The CHAIRMAN. The amendment is Boehner Cubin Franks (NJ) Levin Reynolds Waxman withdrawn. Bonilla Cummings Frelinghuysen Lewis (CA) Riley Weiner Are there any further amendments to Bonior Cunningham Frost Lewis (GA) Rivers Weldon (FL) Bono Danner Gallegly Lewis (KY) Rodriguez Weldon (PA) the bill? Borski Davis (FL) Ganske Linder Roemer Weller If there are no further amendments, Boswell Davis (IL) Gejdenson Lipinski Rogan Wexler under the rule, the Committee rises. Boucher Davis (VA) Gekas LoBiondo Rogers Weygand Accordingly, the Committee rose; Boyd Deal Gephardt Lofgren Rohrabacher Whitfield Brady (PA) DeGette Gibbons Lowey Ros-Lehtinen Wicker and the Speaker pro tempore (Mr. Brady (TX) Delahunt Gillmor Lucas (KY) Rothman Wilson FOLEY) having assumed the chair, Mr. Brown (FL) DeLauro Gilman Lucas (OK) Roukema Wise

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14024 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Wolf Wu Young (AK) our Nation, ideals that men and women Mr. Speaker, every time I meet with Woolsey Wynn Young (FL) have risked and often lost their lives American Legion veterans, they tell NAYS—3 for; ideals like freedom. me their number one priority is pro- Chenoweth Paul Royce There are some well-intentioned, tecting the flag that they fought so NOT VOTING—3 honorable Americans who will assert hard to defend. I think this is the least that it is precisely this freedom that this country can do for these men and Brown (CA) DeFazio Gilchrest allows us to defile our flag. I politely the many other Americans who risked b 1503 disagree with those folks. The flag may their lives for the United States to So the bill was passed. be just a symbol, but burning it flies in grant that wish to them. The result of the vote was announced the face of the respect that we have for Mr. Speaker, I reserve the balance of as above recorded. our liberties, our Constitution, and our my time. A motion to reconsider was laid on history as a Nation. Worst of all, it Mr. GOSS. Mr. Speaker, I yield 5 the table. strikes a devastating blow to our na- minutes to the distinguished gen- f tional unity, and our unity is what tleman from California (Mr. makes us great. While we all come CUNNINGHAM), a man whose experience PROVIDING FOR CONSIDERATION from different backgrounds and may on behalf of his Nation is well-known OF HOUSE JOINT RESOLUTION 33, worship different gods, we can all come to those who know him. We are very CONSTITUTIONAL AMENDMENT together as Americans under our flag. proud to have him be the author and AUTHORIZING CONGRESS TO We can disagree on the most chal- lead speaker on this. PROHIBIT PHYSICAL DESECRA- lenging issues in our great democracy Mr. CUNNINGHAM. Mr. Speaker, TION OF THE FLAG OF THE and have great debate, but at the end first of all, I would say that even UNITED STATES of the day we know that our flag is though I am the author of this amend- Mr. GOSS. Mr. Speaker, by direction still flying and it represents all of us ment, I am not the author of this of the Committee on Rules, I call up together, united. The soldier serving amendment. I was just flying close House Resolution 217 and ask for its overseas understands it in the same wing on Congressman Solomon, a Ma- immediate consideration. way that the World War II vet saluting rine Corps who always hates to hear The Clerk read the resolution, as fol- ‘‘Old Glory’’ on Memorial Day does. It that the Navy owns the Marine Corps. lows: is an unspoken pride and it comes from Jerry Solomon since 1990 has per- H. RES. 217 the heart. It is not something easily severed on this particular issue. When Resolved, That upon the adoption of this explained. It is something easily under- he retired, he asked myself and his re- resolution it shall be in order to consider in stood. placement to push the issue, to bring it the House the joint resolution (H.J. Res. 33) Today, we have the opportunity to before the American people and have a proposing an amendment to the Constitution affirm our commitment to our unique- constructive dialogue. of the United States authorizing the Con- ly American values and to uphold the In 1989, in a 5–4 decision, the Supreme gress to prohibit the physical desecration of Court wiped out 200 years of tradition. the flag of the United States. The joint reso- will of the American people. I say that lution shall be considered as read for amend- because 49 States, including my home In 1990, there was another vote but just ment. The previous question shall be consid- State of Florida, have asked us to take for a resolution. The Supreme Court ered as ordered on the joint resolution and action to protect the flag. This will reacted again with the same five individ- any amendment thereto to final passage quire amending the Constitution, an uals. The Supreme Court has told us without intervening motion except: (1) two action which is not to be taken lightly. that this is the only way to proceed, hours of debate equally divided and con- But it is an action that our Founding and many legal scholars agree. trolled by the chairman and ranking minor- Fathers deemed appropriate on issues Mr. Speaker, I would say from the ity member of the Committee on the Judici- of integral national importance, and I onset, some of my colleagues have a ary; (2) an amendment in the nature of a sub- difference of opinion on this issue. This stitute, if offered by Representative Conyers believe this is one of them. This, I be- of Michigan or his designee, which shall be lieve, is what the American people are has won by over 300 votes every time it considered as read and shall be separately asking us to do, for those individuals has come up and we will pass this here debatable for one hour equally divided and who have fought to preserve our free- today with over 300 votes. But I would controlled by the proponent and an oppo- dom and for those individuals who are chastise anybody that would charac- nent; and (3) one motion to recommit with or interested in the future of our country. terize an opponent of this particular without instructions. I urge support for this rule, and I issue as nonpatriotic. As a matter of The SPEAKER pro tempore (Mr. urge thoughtful consideration on the fact, I would stand side by side with FOLEY). The gentleman from Florida final vote on the matter before us. that individual, because people have (Mr. GOSS) is recognized for 1 hour. Mr. Speaker, I reserve the balance of different beliefs on this issue. Fortu- Mr. GOSS. Mr. Speaker, for the pur- my time. nately, they are in a minority of those. pose of debate only, I yield the cus- Mr. MOAKLEY. Mr. Speaker, I thank Secondly, that 85 percent of the tomary 30 minutes to the gentleman my dear friend the gentleman from American people feel that those indi- from Massachusetts (Mr. MOAKLEY), Florida (Mr. GOSS) for yielding me the viduals are wrong that oppose this par- pending which I yield myself such time customary 30 minutes, and I yield my- ticular amendment. Forty-nine States as I may consume. During consider- self such time as I may consume. have asked us to pass this amendment, ation of this resolution, all time yield- Mr. Speaker, I join the gentleman and their legislatures and the gov- ed is for the purpose of debate only. from Florida (Mr. GOSS) in cospon- ernors. The 50th State has actually Mr. Speaker, this is a fair and appro- soring this resolution to prohibit dese- passed this in the House and the Sen- priate rule for consideration of a con- cration of the flag. ate but not in the same year, and they stitutional amendment. This is not Mr. Speaker, as one who served in plan to do it. something we do every day. The rule World War II, I served not only to de- Some people will say that this is an provides the minority with two bites at fend our flag but also, and probably unnecessary Federal statute, but yet the apple by making in order a sub- even more importantly, I served to de- the Supreme Court told us that this is stitute as well as the motion to recom- fend the ideas for which the flag necessary. mit. It should engender no opposition, stands. I would ask my colleagues not to and I urge all Members to support this Still, I do not believe that people bring a circus event, of bringing ban- rule. should be allowed to desecrate the flag. danas, underwear, those kinds of things Mr. Speaker, the United States flag I think there are far better ways to ex- with the American flag on them. That is a cherished symbol of the very best press unhappiness than by engaging in is not what we are talking about here. our Nation represents. It signifies the an act that so many American citizens We are talking about the desecration of lasting ideals that have come to define find offensive. an American flag.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14025 There would be those people that say the gentleman from California (Mr. cide whether or not they will get Most it abridges the first amendment. Legal CUNNINGHAM), and all those involved. Favored Nation status. Last year, in scholars again disagree, that this is ex- My colleagues, in some cities in 1998, the report came to the Congress pressive conduct, not actual speech; America it is illegal to kiss in public. in April of this year, and it reported that no one is prevented from express- It is illegal to sing and yodel in public. that indeed there were violations of ing themselves on an idea such as the It is illegal to ride a skate board. It is human rights. What were the human flag through speech, or any other man- illegal to burn trash and to burn rights violations that we are con- ner, except for the desecration of a leaves, but someone can burn the flag. demning by this report and we are flag. In America it is illegal to tear the la- going to use against the Red Chinese? We are not talking about burning bels off of pillows, it is illegal to touch Two individuals burned the Hong Kong handkerchiefs or underwear as some of or desecrate a mailbox, but someone or the Red Chinese flag. my colleagues have brought forward or could literally rip the stars and stripes I think it is just a little bit hypo- other things. We are talking about the off our flag. critical if we want to claim the Red American flag. This amendment is sup- Beam me up. Chinese are violating human rights be- ported by 120 different organizations. Mr. Chairman, I have been listening cause somebody there burned the flag The Flag Alliance has put together a to all the scholars. They say the Con- at the same time we intend to pass grassroots. Eighty-five percent of the stitution allows for Americans to burn that law here. citizens, 49 States, and prior to the Su- the flag, and the courts have ruled that The spirit of the Constitution did not preme Court decision, by one vote, 48 Americans can burn the flag. That is require this. We have had 212 years of States already had laws in which they why today we must change and move our history since the Constitution was did not feel that the first amendment the process to change the Constitution. passed. We have not had this pass. We was abridged. Let me remind Members the first have not required this. Where is the In 1995, this House passed this 312–120. Constitution permitted and allowed epidemic? I cannot remember ever see- We lost it by three votes in the Senate. slavery, slavery. The first Constitution ing, and of course I am sure it has been Since that time, we have had a change allowed and in fact treated women and on television where an American cit- in the Senate to where now we can pass Native American Indians like cattle. izen burned the flag. It must happen; it this bill in the Senate. This bill can go That was wrong, and it was right to will happen again. As a matter of fact, forward. In 1997, we passed it in the change the Constitution. it will probably happen more often be- House but we got tied up with other ju- The bottom line is a people who do cause there will be more attention diciary legislation and it was not taken not honor and respect the flag do not given to it once this law is passed. up in the Senate. respect their neighbors or their coun- Where I see the burning of the Amer- Mr. Speaker, this is the opportunity try, and a people that do not honor and ican flag, where I get outraged is when that we have been waiting for since respect the flag do not actually respect the foreigners are doing it because they 1989, not only in the House and in the themselves, nor our great freedoms. are so defiant about our policies Senate, the American people, but every I say today if dissidents wish to ex- around the world. But that is a lot dif- State legislature in this country that press their first amendment rights and ferent. We are not dealing with that disagree with the minority dissenting to proclaim their political statements: hatred toward America that we are views on this particular issue. The Citi- Burn their money, Burn their bras- dealing with here. zens Flag Alliance has put together a sieres, Burn their pantyhose, Burn We are dealing with a few deranged good coalition. Jerry Solomon, the their BVDs, But leave the flag alone. individuals that were willing to chal- original author of this, has put to- The flag is sacred, and it is time that lenge the spirit of the Constitution. gether a coalition. we start protecting it and paying trib- They say this is not free speech, but it ute and honor to our flag which rep- is indeed expression, just as religion is, b 1515 resents our great republic. just as the study of philosophy is, just And for those that would chastise us Mr. GOSS. Mr. Speaker, I yield 3 as our personal convictions. To say saying this is a political issue, I would minutes to the distinguished gen- that this is not protected under the beg difference with them. For many of tleman from Texas (Mr. PAUL). Constitution, the current Constitution, us, and including my friend the gen- Mr. PAUL. Mr. Speaker, I appreciate I think is quite wrong. I think we do tleman from Massachusetts (Mr. MOAK- the comments of the gentleman from protect that. LEY), this is a deeply reserved and car- California earlier that said that those And, yes, one would say this is egre- ing issue for us, important to the core, of us who oppose this amendment gious, this is horrible, to burn this flag. to the heart, and to the mind and the should not be challenged on our patri- But that is the purpose of the first soul. If anything, this brings unity to otism. That certainly should be true. amendment, to protect obnoxious and people, it brings freedom and the idea But I do rise in support of the rule be- uncomfortable speech. of what the flag stands for, and for cause obviously it is constitutional to Ms. SLAUGHTER. Mr. Speaker, I those reasons we go forth with this amend the Constitution; that we can- yield myself such time as I may con- amendment with hope and prayer that not object to. But I do have questions sume. this amendment will pass in the House about what we are doing to the spirit Mr. Speaker, let me just say in re- and Senate, it will be ratified by three- of America, the spirit of the Constitu- sponse to what the gentleman from quarters of the States, which we agree tion in a desire to protect a symbol. Texas (Mr. PAUL) has said about the that it will be. Not too long ago Hong Kong was Chinese’s first act was to ban the burn- I thank the chairman of the com- taken over by Red China. The very ing of flags, I understand that was also mittee, the gentleman from Illinois first law that Red China passed on the same act of Adolf Hitler. (Mr. HYDE), the gentleman from Flor- Hong Kong was to make it illegal to Mr. Speaker, I yield back the balance ida (Mr. CANADY) of the subcommittee burn a flag. The first time Hong Kong of my time. and my colleagues on both sides of the ever had that law, the British do not Mr. GOSS. Mr. Speaker, I yield my- aisle for the support of this amend- have a law like this. Red China, as soon self such time as I may consume. ment. as they took over Hong Kong, they pass I just simply wanted to make a cou- Ms. SLAUGHTER. Mr. Speaker, I a law to make it illegal to burn a flag. ple of comments before I yield back. I yield 4 minutes to the gentleman from But it does not stop there. On an an- think that the flag is obviously very Ohio (Mr. TRAFICANT). nual basis we, the Congress, require the much part of our life every day here. Mr. TRAFICANT. Mr. Speaker, I sup- State Department to report to us any We start out with the pledge, many of port the rule, I support the amend- human rights violations around the our institutions. When we sing the na- ment. I want to commend former Mem- world. The human rights violations in tional anthem, whatever occasion, be- ber Mr. Solomon and the Duke-ster, Red China are used specifically to de- fore sports events, we speak of what so

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14026 CONGRESSIONAL RECORD—HOUSE June 23, 1999

proudly we hailed before the twilight’s general debate today and then conclude and Mr. DODD; to be the conferees on last gleaming. When we have the trag- consideration of this bill tomorrow the part of the Senate. edy of death in our military, we have with the debate on the substitute the presentation of the flag at the cere- amendment. f monial part of that process, and I Mr. WATT of North Carolina. That is think quite often the flag is so much a little different than the unanimous- APPOINTMENT OF CONFEREES ON part of our life that when somebody consent request. H.R. 1554, SATELLITE COPY- I guess the only thing that leaves me desecrates it in any way most Ameri- RIGHT, COMPETITION, AND CON- a little uneasy is that this could go on, cans are outrageously offended. SUMER PROTECTION ACT OF 1999 I suppose for many overseas who still and on, and on. see the American flag as the last best Mr. CANADY of Florida. If I could Mr. ARMEY. Mr. Speaker, I ask hope for freedom and opportunity it address that, I believe that my objec- unanimous consent to take from the must be puzzling if that flag is de- tion to that would be as great or per- Speaker’s table the bill (H.R. 1554) to valued in its homeland, in the United haps greater than the objection lodged amend the provisions of title 17, United States of America. What would that by the gentleman from North Carolina States Code, and the Communications mean if one sees Americans burning (Mr. WATT), so I believe that it is the Act of 1934, relating to copyright li- the American flag? It is a curious mes- intention to have this bill come to a censing and carriage of broadcast sig- sage to send. final vote tomorrow morning. nals by satellite, with a Senate amend- I believe that there are limitations Mr. WATT of North Carolina. I won- ment thereto, disagree to the Senate on the first amendment. I think they der if the gentleman might consider re- amendment, and request a conference have been recognized, I think they are vising his unanimous-consent request with the Senate thereon. appropriate for public safety and public to that effect, and then if it becomes The SPEAKER pro tempore. Is there well-being. They are well understood. I necessary to go beyond tomorrow, we objection to the request of the gen- believe this is an area where a case can could come back and address that to- tleman from Texas? The Chair hears be made clearly for the well-being of morrow. none and, without objection, appoints the United States of America and its I am just trying to make the record the following conferees: people. We should accept the responsi- absolutely clear on this. I do not think From the Committee on Commerce, bility of protecting the one symbol either he or I can bind the leadership for consideration of the House bill and that unites us, our flag. to this. the Senate amendment, and modifica- Mr. Speaker, I yield back the balance Mr. CANADY of Florida. Mr. Chair- tions committed to conference: man, I will withdraw the unanimous- of my time, and I move the previous Messrs. BLILEY; TAUZIN; OXLEY; DIN- consent request, and we will discuss it question on the resolution. GELL; and MARKEY. further. The previous question was ordered. Provided that Mr. BOUCHER is ap- f The resolution was agreed to. pointed in lieu of Mr. MARKEY for con- A motion to reconsider was laid on MESSAGE FROM THE PRESIDENT sideration of sections 712(b)(1), the table. A message in writing from the Presi- 712(b)(2), and 712(c)(1) of the Commu- f dent of the United States was communications Act of 1934 as added by sec- REQUEST FOR POSTPONEMENT OF nicated to the House by Mr. Sherman tion 104 of the House bill. FURTHER CONSIDERATION OF Williams, one of his secretaries. From the Committee on the Judici- H.J. RES. 33, CONSTITUTIONAL f ary, for consideration of the House bill AMENDMENT AUTHORIZING CON- and the Senate amendment, and modi- MESSAGE FROM THE SENATE GRESS TO PROHIBIT PHYSICAL fications committed to conference: DESECRATION OF THE FLAG OF A message from the Senate by Mr. Messrs. HYDE; COBLE; GOODLATTE; THE UNITED STATES, AFTER Lundregan, one of its clerks, an- CONYERS; and BERMAN. GENERAL DEBATE TODAY; TO A nounced that the Senate had passed There was no objection. TIME DESIGNATED BY THE with an amendment in which the con- SPEAKER currence of the House is requested, a f bill of the House of the following title: MR. CANADY of Florida. Mr. Speak- er, I ask unanimous consent that after H.R. 775. An act to establish certain procedures for civil actions brought for damages b 1530 debate on H.J. Res. 33, notwithstanding relating to the failure of any device or sys- the operation of the previous question, tem to process or otherwise deal with the POSTPONING FURTHER CONSIDER- it may be in order at that point for the transition from the year 1999 to the year ATION OF H.J. RES. 33, CON- Chair to postpone further consider- 2000, and for other purposes. STITUTIONAL AMENDMENT AU- ation of the bill to a time designated The message also announced that the THORIZING CONGRESS TO PRO- by the Speaker on which consideration Senate insists upon its amendment to HIBIT PHYSICAL DESECRATION may be resumed at a time designated the bill (H.R. 775) ‘‘An Act to establish OF THE FLAG OF THE UNITED by the Speaker. certain procedures for civil actions STATES, AFTER GENERAL DE- The SPEAKER pro tempore (Mr. brought for damages relating to the BATE TODAY TO A TIME DES- FOLEY). Is there objection to the re- failure of any device or system to proc- IGNATED BY THE SPEAKER quest of the gentleman from Florida? ess or otherwise deal with the transi- Mr. WATT of North Carolina. Reserv- tion from the year 1999 to the year 2000, Mr. CANADY of Florida. Mr. Speak- ing the right to object, Mr. Speaker, and for other purposes,’’ requests a er, I ask unanimous consent that after let me be clear, and I do not intend to conference with the House on the dis- debate on H.J. Res. 33, notwithstanding object. What I have been told is that agreeing votes of the two Houses there- the operation of the previous question, the debate on the substitute amend- on, and appoints from the— it may be in order at that point for the ment will be conducted tomorrow. I as- Committee on Commerce, Science, Chair to postpone further consider- sume we are not contemplating car- and Transportation: Mr. MCCAIN, Mr. ation of the bill until the following leg- rying it beyond tomorrow; are we? STEVENS, Mr. BURNS, Mr. GORTON, Mr. islative day on which consideration Mr. CANADY of Florida. Mr. Speak- HOLLINGS, Mr. KERRY, and Mr. WYDEN; may resume at a time designated by er, will the gentleman yield? Committee on the Judiciary: Mr. the Speaker. Mr. WATT of North Carolina. I yield HATCH, Mr. THURMOND, and Mr. LEAHY; The SPEAKER pro tempore (Mr. to the gentleman from Florida. and FOLEY). Is there objection to the re- Mr. CANADY of Florida. That is my Special Committee on the Year 2000 quest of the gentleman from Florida? understanding. We would proceed with Technology Problems: Mr. BENNETT There was no objection.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14027 CONSTITUTIONAL AMENDMENT amendment was approved by the House with both the letter and the spirit of AUTHORIZING CONGRESS TO in the 105th Congress and a similar the First Amendment. Indeed, noted PROHIBIT PHYSICAL DESECRA- measure was also approved by the civil libertarians such as Chief Justice TION OF THE FLAG OF THE House in the 104th Congress. Earl Warren, Justice Hugo Black, and UNITED STATES House Joint Resolution 33 provides Justice Abe Fortas had unequivocally Mr. CANADY of Florida. Mr. Speak- simply, and I quote, the Congress shall supported the legal protection of the er, pursuant to House Resolution 217, I have the power to prohibit the physical flag. call up the joint resolution (H.J. Res desecration of the flag of the United In 1969, Justice Black wrote, and I 33) proposing an amendment to the States. The amendment itself does not quote: ‘‘It passes my belief that any- Constitution of the United States au- prohibit flag desecration; rather, it em- thing in the Federal Constitution bars thorizing the Congress to prohibit the powers Congress to enact legislation to . . . making the deliberate burning of physical desecration of the flag of the prohibit the physical desecration of the the American flag an offense.’’ Chief United States, and ask for its imme- flag. Subsequent legislation passed by Justice Warren said, and I quote again: diate consideration in the House. Congress would define, within the pa- ‘‘I believe that States and the Federal The Clerk read the title of the joint rameters established by the constitu- Government do have power to protect resolution. tional amendment, what constitutes the flag from acts of desecration and The text of House Joint Resolution 33 the flag of the United States and what disgrace.’’ Finally, Justice Fortas has is as follows: constitutes physical desecration of the expressed the view that ‘‘the flag is a flag. special kind of personality. Its use is H.J. RES. 33 Under the amendment, such legisla- traditionally and universally subject to Resolved by the Senate and House of Rep- tion would not stop anyone from ex- special rules and regulations. The resentatives of the United States of America in Congress assembled (two-thirds of each House pressing any idea or opinion. No one States and the Federal Government concurring therein), would be prevented from saying any- have the power to protect the flag from SECTION 1. CONSTITUTIONAL AMENDMENT. thing about the flag or anything else. acts of desecration.’’ This constitu- The following article is proposed as an Free, full, and robust debate of public tional amendment which is before the amendment to the Constitution of the issues would proceed unimpeded. The House today is based on the conviction United States, which shall be valid to all in- only thing that would be prohibited that Warren, Black, and Fortas were tents and purposes as part of the Constitu- would be conduct involving physical right, and that both the Johnson and tion when ratified by the legislatures of acts against the flag which are de- the Eichmann cases were improperly three-fourths of the several States within signed to cause the desecration of the decided. seven years after the date of its submission flag. It is well established that when for ratification: Mr. Speaker, we are considering this speech or expressive conduct infringes ‘‘ARTICLE — amendment to the Constitution be- on certain conventionally protected ‘‘The Congress shall have power to prohibit cause in 1989, in the case of Texas v. rights and interests, the First Amend- the physical desecration of the flag of the Johnson, the Supreme Court of the ment does not provide for the speech or United States.’’. United States, by a 5-to-4 margin, ruled expressive conduct. The SPEAKER pro tempore. Pursu- that flag-burning is an act of expres- As Professor George Fletcher has ob- ant to House Resolution 217, the joint sion protected by the First Amendment served, and I quote, ‘‘Several histori- resolution is considered as having been of the Constitution. cally entrenched exceptions to the read for amendment. The Congress initially responded to First Amendment illustrate this gen- After 2 hours of debate on the joint the decision in Texas v. Johnson by eral thesis. Using words to defame an- resolution, it shall be in order to con- passing the Flag Protection Act of 1989. other invades the right to a good sider an amendment in the nature of a This statute was specifically crafted to name. . . . Making copies of another’s substitute, if offered by the gentleman address concerns raised by the Su- artistic or literary creation trenches from Michigan (Mr. CONYERS) or his preme Court in the Johnson opinion. upon copyright, the author’s property designee, which shall be considered However, in 1990, the Supreme Court in right in her work. Under cir- read and debatable for 1 hour, equally United States v. Eichmann, another 5- cumstances, verbal insults constitute divided and controlled by the pro- to-4 decision, struck down the Flag intentional infliction of emotional dis- ponent and an opponent. Protection Act as inconsistent with tress, entailing a duty to pay com- The gentleman from Florida (Mr. the First Amendment. The court stated pensation for the injury.’’ CANADY) and the gentleman from that even though the Federal statute Obscenity, which undermines funda- Michigan (Mr. CONYERS) each will con- ‘‘contains no explicit content-based mental standards of civilized life, is trol 1 hour of debate on the joint reso- limitation. . . . the Government’s as- recognized as outside the protection of lution. serted interest is related to the sup- the First Amendment. Symbolic speech The Chair recognizes the gentleman pression of free expression.’’ or expressive conduct can also cause from Florida (Mr. CANADY). Based on the decisions in Johnson harm by infringing on protected rights GENERAL LEAVE and Eichmann, it is apparent that the and interests. It is essential to under- Mr. CANADY of Florida. Mr. Speak- Supreme Court, as presently con- stand that as Professor Fletcher notes, er, I ask unanimous consent that all stituted, would find any meaningful ‘‘there are instances of conduct in Members may have 5 legislative days flag protection statute unconstitu- which the relevant harm is not only to within which to revise and extend their tional. This reality was recognized in individuals, but to a collective sense of remarks on H.J.Res. 33. 1995 by Assistant Attorney General minimally decent behavior necessary The SPEAKER pro tempore. Is there Walter Dellinger of the Office of Legal to sustain group living.’’ Public nudity, objection to the request of the gen- Counsel, when he wrote, and I quote, public fornication, and other indecent tleman from Florida? that the ‘‘Supreme Court’s decision in acts may be intended to convey a par- There was no objection. the Eichmann case, invalidating the ticular message. The expressive ele- Mr. CANADY of Florida. Mr. Speak- Federal Flag Protection Act, appears ment of such conduct does not, how- er, I yield myself such time as I may to foreclose legislative efforts to pro- ever, insulate that conduct from pro- consume. tect flag burning.’’ scription. Mr. Speaker, House Joint Resolution As I noted earlier, Texas v. Johnson Now, we all agree that the govern- 33 proposes to amend the Constitution was decided by the slimmest of majori- ment should not attempt to suppress of the United States to restore the ties and it overthrew what until then ideas because we happen to find them power of Congress to protect the flag of was settled law; until the Johnson de- offensive or disagreeable. But as Jus- the United States from physical dese- cision, punishing flag desecration had tice Stevens said in his dissent in Eich- cration. An identical constitutional been viewed by most as compatible mann and I quote: ‘‘It is equally well

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14028 CONGRESSIONAL RECORD—HOUSE June 23, 1999 settled that certain methods of expres- tion. It does not represent the views of will be putting the Members of this sion may be prohibited if (a) the prohi- any particular party, and it does not great body to is whether we have the bition is supported by a legitimate so- represent any particular political phi- strength to remain true to our fore- cietal interest that is unrelated to sup- losophy. The flag is not simply another father’s constitutional ideals and depression of the ideas that the speaker idea or point of view competing for rec- fend our citizens’ rights to express desires to express; (b) the prohibition ognition in the marketplace of ideas. themselves, even if we disagree vehe- does not entail any interference with Millions and millions of Americans re- mently with their method of expres- the speaker’s freedom to express those gard it with an almost mystical rev- sion. ideas by other means; and (c) the inter- erence, regardless of what sort of so- b 1545 est in allowing the speaker complete cial, political or philosophical beliefs Madam Speaker, I have always de- freedom of choice among alternative they may have. I cannot agree,’’ the plored flag-burning as a tactic, as a methods of expression is less important Chief Justice said, ‘‘that the First strategy, as a policy. But I am strongly than the societal interest supporting Amendment invalidates the act of Con- opposed to this attempt to amend or the prohibition.’’ gress and the laws of 48 of the 50 States start the process to amend the Con- A prohibition on the physical dese- which make criminal the public burn- stitution of the United States because cration of the flag of the United States ing of the flag.’’ it simply goes against the ideals and easily satisfies the test set forth by I would submit to the House that the elevates a symbol of freedom over free- Justice Stevens. There is a compelling Chief Justice of the United States had dom itself. societal interest in maintaining the it right. As we today act under Article How ironic that we would now take physical integrity of the flag as a na- V of the Constitution, we in this House the symbol and forget the message, the tional symbol by protecting it from of Representatives should now recog- purpose which this symbol represents. acts of physical desecration. Such pro- nize on behalf of the people of the For if this resolution were adopted, and tection can be afforded without any in- United States that the physical dese- thankfully it has never been finally terference with the right of individuals cration of the flag does not deserve the processed out of the legislative system, to express their ideas by other means. protection of the law, and we should it would represent the first time in our The interest of the American people in accordingly adopt this resolution and Nation’s history that the people’s rep- protecting the flag far outweighs any move forward with this measure to re- resentatives in this House voted to interest in allowing the crude and inar- store protection for the flag of our Na- alter the Bill of Rights to limit the ticulate expression involved in burn- tion. freedom of speech of our citizens. ing, shredding, trampling, or otherwise Mr. Speaker, I reserve the balance of So what we are considering here, not- desecrating our flag. my time. withstanding the explanations that it Mr. Speaker, 49 of the 50 States have Mr. WATT of North Carolina. Mr. is very popular to do this, is that we adopted resolutions calling upon the Speaker, I yield such time as he may are saying that now, in the year 1999, Congress to pass a flag protection consume to the gentleman from Michi- over 200 years after the Bill of Rights, amendment and send it back to the gan (Mr. CONYERS), the ranking mem- we have now decided that there was a States for ratification. The legislatures ber of the Committee on the Judiciary. flaw in the Bill of Rights and we now of these States have recognized that Mr. CONYERS. Mr. Speaker, I want need to make a change. There was a the desecration of our flag does harm to express my gratitude to the gen- mistake. to our collective sense of minimally de- tleman from North Carolina (Mr. I resist that argument, and it would cent behavior necessary to sustain our WATT) for agreeing to manage this bill. it seem to me that if we were going to life as a Nation. The legislators of He is the ranking member on the Sub- alter the Bill of Rights, it would have these States know, as we do, that pass- committee on the Constitution of the to be over a measure far, far more ing another statute will not restore Committee on the Judiciary, and I ap- grave and threatening than merely the protection for the flag. They know that preciate the hard and continuing work conduct, one particular form of con- a constitutional amendment is the he has put in on this subject matter. duct that we might resent. only means to restore the protection I would like to join in this discussion What about burning the Bible? Does for the flag of the United States. to begin by asking the question that that not raise Members’ temper a few The constitutional process for must be asked of all legislation that degrees? How obscene it would be to amendments established by Article V comes on the floor: What is the prob- burn a Bible publicly. Of course, some- recognizes that the Constitution is ul- lem? In other words, why are we here one might say, well, sure, we ought to timately grounded in the will of the today? When we deal with questions of include that, too, or we ought to look people. Today, we simply respond to civil rights, when we deal with ques- at that next. But these acts, as des- the clear and strong message sent to us tions of police abuse, when we deal picable as they are, are protected by the people speaking through the leg- with questions of international policy, speech under the First Amendment. islatures of 49 States. when we deal with the crisis in Haiti, So I would say to the Members that The purpose of this amendment is we are all brought here because there the true test of any Nation’s commit- not to change the First Amendment. is a problem. ment to freedom, to this freedom of ex- There is no problem with the First Does anyone know how many cases of pression, lies in the ability to protect Amendment. The problem is with the flag-burning have occurred in this year unpopular expression, the kinds of Supreme Court’s interpretation of the or last year, or any of the years? Well, things, the conduct that we do not First Amendment. The measure before I am glad I asked that question, be- like, exactly like flag-burning and the House today is simply designed to cause I will provide my colleagues with Bible-burning. correct the novel and flawed interpre- the answer. The answer is that since Remember what Justice Oliver Wen- tation of the First Amendment adopted 1990, we have had 72 reported cases of dell Holmes stated: ‘‘The Constitution by the court a decade ago and to re- flag burning that I can bring to my col- protects not only freedom for the store the protection which was pre- leagues’ attention. I do not know of thought and expression we agree with, viously given to the flag of the United any in recent times. I think it is im- but freedom for the thought we hate, States. portant that we consider in the midst the conduct and action we seriously Chief Justice Rehnquist in his dis- of all of the issues that weigh upon the dislike.’’ sent in Texas v. Johnson, summed up House of Representatives why this So what we are really doing is saying the case for protecting the flag as well measure keeps coming back up time that since this is such a repulsive act, as anyone. He said, ‘‘The American and time again. we are going to take it out from under flag... throughout more than 200 The issue is really around the First the protection of the Bill of Rights, years of our history, has come to be Amendment and the Bill of Rights, not from the First Amendment. So by lim- the visible symbol embodying our Na- flag burning because the test that we iting the free speech protections and

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14029 the First Amendment, I suggest we are and a constitutional amendment would comes up. Unfortunately, the Senate setting the most dangerous precedent be far more inflammatory than even a has not reacted in one case, and in 1997 that has ever come out of the Sub- statute. the Senate did not have time to take it committee on the Constitution in the Almost as significant as the damage up. This is the first time that we can. Committee on the Judiciary. this resolution would do to our own I would say to my friend, whose 85 If we open the doors to criminalizing Constitution is the harm it would in- percent of the American people do not constitutionally protected expression flict upon our international standing in give a rat’s rear how many times flag- related to the flag, I am afraid that the area of human rights. Consider the burning has existed, I ask Members to there will be further efforts to limit demonstrators who ripped apart Com- give themselves a vision, Iwo Jima, and and censor speech or conduct that we munist flags before the fall of the Iron the men, Ira Hayes and the rest of do not like. Curtain and committed crimes against them that put up that American flag. We do not like it, we do not like flag- their country. Yet, freedom-loving Now allow some hippie to go up there burning. That is why we want to stop Americans applauded their brave ac- and burn it. They do not care how it. But guess what, there are some tions. many times. It is the issue. other things that we do not like and we If we pass this amendment, we will be Madam Speaker, my colleague brings may want to start curbing just as well. beginning to align ourselves with auto- fear into this, fear that we are doing Once we decide to limit freedom of cratic regimes such as those in Iran something. Well, this country ran fine speech in any respect from a constitu- and the former South Africa, and di- for 200 years-plus until one liberal Su- tional point of view, the limitations on minish our own moral stature as a pro- preme Court said no to 200 years of tra- freedom of the press and limitations on tector of freedom in all its forms. Let dition. Forty-eight States have laws to freedom of religion may not be far be- us not do it. protect the American flag. Is that rad- hind. This is not a road that I would For those who believe a constitu- ical, that 48 States believed that the like to go down. tional amendment will honor the flag, First Amendment is not abridged, that The courts have ruled. The ulti- I just want to read them the two sen- the First Amendment is not abridged, mately deciders of what is constitu- tences from the Supreme Court’s 1989 it is expressive conduct, and the Su- tional, they have said that. They have decision on the subject, Texas and preme Court has ruled on that? said that flag-burning, as despicable as Johnson: ‘‘The way to preserve the There are more Supreme Court Jus- it is, is protected freedom of speech. flag’s special role is not to punish tices in history that have said that this So it is tempting for us, the only peo- those who feel differently about these amendment is in line and should be ple in government that have the power, matters. It is to persuade them that passed than there are of the five that to say we will show the court who is they are wrong. We can imagine no ruled against this in 1989. And we say boss, we will show that Supreme Court. more appropriate response to burning a that that is wrong. We will amend the Constitution to out- flag than waving one’s own; no better My colleague, the gentleman from law flag-burning. We will pass this way to counter a flag-burner’s message California (Mr. BILBRAY) does not care than to salute the flag. We do not con- amendment through the States, and how many times. The flag in his office secrate the flag by punishing its dese- then they will not be able to write any was draped over his father’s coffin. He cration. For in doing so, we dilute the more decisions about this conduct that has that flag in his office today. freedom that this cherished emblem we dislike so much. I would tell my colleague that if he represents.’’ However, if we do, we will be carving cringed at people burning the Com- Madam Speaker, I close with only an awkward exception into the docu- munist flag, I cheered. My mother and one additional comment. That is, as father were Democrats. They voted for ment designed to last for the ages, and soon as the polls that are taken on this that with only 27 amendments, has Ronald Reagan, but they were Demo- subject let our citizens know that this crats. They taught my brother and I never been modified. We will be under- would be the first time in our Nation’s mining the very constitutional struc- that the lowest thing on Earth is a so- history to cut back the First Amend- cialist and a Communist. So if Mem- ture that Thomas Jefferson and James ment freedoms of speech and expres- Madison designed to protect our rights. bers want to burn the Communist flag, sion, then, guess what happens? They be my guest. My mom and dad are In effect, we will be glorifying the do not support the flag-burning pro- very people in our national community Democrats. I lost my dad. posal. I would tell my colleagues, they say who disrespect the flag and what it So please join with those of us who that this is despicable to burn the stands for while we will be denigrating are patriots in a perhaps deeper sense, American flag. Yet they would allow it the constitutional vision of James who really believe that protecting free- to happen. The 85 percent of the Amer- Madison and Thomas Jefferson. dom of speech includes the kind we The concern about the tyranny of the ican people that support this, and we abhor, the kinds we like least, the will pass this bill, I say to the Members majority led the Framers to create an kinds that we detest. Join me in oppos- independent judiciary, free of political in the minority view, and who will re- ing this flag desecration amendment. main so, we are going to pass this in pressure, to ensure that the legislative Madam Speaker, I thank the ranking and executive branches would honor the House, we are going to pass this in member of the subcommittee who is the Senate, and 49 States have vowed the Bill of Rights. A constitutional now managing the bill. amendment like this banning flag dese- to ratify it. All that does is it gives Madam Speaker, I reserve the bal- Congress the right to proceed. cration flies in the very face of this ance of my time. carefully balanced structure. Mr. CANADY of Florida. Madam b 1600 Madison warned against using the Speaker, I yield such time as he may It is not a self-enacting bill. The 48 amendment process to correct every consume to the gentleman from Cali- States have got to react to what they perceived constitutional defect. I re- fornia (Mr. CUNNINGHAM), the chief believe. I believe in States rights. peat that warning here, because it ap- sponsor of this amendment. So I would say to my colleagues, if plies to what we are considering, par- Mr. CUNNINGHAM. Madam Speaker, one thinks something is despicable, ticularly concerning issues which eas- I thank my colleagues for their views, change it. If one wants to spread fear, ily inflame public passion. but I would say, Madam Speaker, 85 fear of 200 years of tradition, it is okay Unfortunately, there is no better il- percent of the American people feel by 85 percent of the American people. lustration of Madison’s concern than those views are wrong, they are abso- Mr. WATT of North Carolina. Madam this proposed flag-burning or anti-flag- lutely wrong, and 49 States have asked Speaker, I yield as much time as he burning amendment. History has us to pass this, and 49 legislatures have may consume to the gentleman from proved that efforts to legislate respect asked us to pass this amendment. New York (Mr. ACKERMAN). for the flag only serve to increase flag- We have passed this on the House Mr. ACKERMAN. Madam Speaker, related protests, as few as they are, floor by over 300 votes every time it our Founding Fathers must be very

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14030 CONGRESSIONAL RECORD—HOUSE June 23, 1999 puzzled looking down on us today. In- Real patriots choose freedom over flag. Because there is a Republic for stead of seeing us dealing with the very symbolism. That is the ultimate con- which it stands, made great by a Con- real challenges that face our Nation, test between substance and form. Why stitution that we want to protect, a they see us laboring under this compul- does the flag need protecting? Is it an Constitution given to our care by gi- sion to amend the document that un- endangered species? Burning one flag ants and about to be nibbled to death derpins our democracy. or burning 1,000 flags does not endanger by dwarfs. They see a house of dwarfs trying to it. It is a symbol. But change just one Madam Speaker, I call upon the pa- give this government a great new word of our Constitution of this great triots of the House to rise and defend power at the expense of the people, the Nation, and it and we will never be the the Constitution, resist the temptation power for the first time to stifle dis- same. to drape ourselves in the flag, and hold sent. We cannot destroy a symbol. Yes, sacred the Bill of Rights. Defend our The threat must be great, they must people have burnt the flag, but, Madam Constitution. Defeat this amendment. be saying, to justify changing the Bill Speaker, there it is again right in back Mr. CANADY of Florida. Madam of Rights and, for the first time, de- of the Speaker’s chair. It goes on. It Speaker, I yield such time as he may creasing rather than increasing the cannot be destroyed. It represents our consume to the gentleman from New rights of the people. They see their be- beliefs. York (Mr. SWEENEY). loved Bill of Rights being eroded into Now poets and patriots will tell us Mr. SWEENEY. Madam Speaker, I the Bill of Rights and Restrictions. that men have died for the flag. But thank the gentleman from Florida (Mr. What is the threat? What is the that language itself, Madam Speaker, CANADY) for yielding me this time. I threat? Madam Speaker, I ask again, that language itself is symbolic. People want to start by commending the gen- what is the threat? Is our democracy at do not die for symbols. They fight and tleman from California (Mr. risk? What is the crisis to the Repub- die for freedom. They fight and die for CUNNINGHAM) for his diligent hard work lic? What is the challenge to our way of democracy. They fight and die for val- on this amendment and to help carry life? Where is our belief system being ues. They fight and die for the flag the good work brought forward by my threatened? Are people jumping from means to fight and die for the cause in predecessor, Gerald Solomon. behind parked cars, waiving burning which we believe. My colleagues would Madam Speaker, I rise today as one flags at us, trying to prevent us from have us change that. of the lead cosponsors and supporters getting to work and causing America We love and we honor and respect our of this constitutional amendment. to grind to a halt? flag for that which it represents. It is There are many reasons to do so. As we Do we really believe that we are different from all other flags. I notice know, there is a deeply reserved desire under such a siege because of a few in the amendment that we do not make by many Americans to protect the flag loose cannons? Do we need to change it illegal to burn some other country’s because they recognize that the Amer- our Constitution to save our democ- flags, and that is because our flag is ican flag holds a sacred place in their racy? Or, Madam Speaker, are we of- different. No, it is not because of the hearts. fended? colors or the shape or the design. They Prior speakers spoke of the flag serv- The real threat to our society is not are all relatively the same. ing as a mere symbol. He said that this Our flag is unique, because it rep- the occasional burning of a flag, but country was founded by dissenters. I resents our unique values. It represents the permanent banning of the burners. would like to say that it was not found- tolerance for dissent. This country was The real threat is that some of us have ed just by dissenters, it was founded by founded by dissenters that others found now mistaken the flag for a religious dissenters who risked their lives, their to be obnoxious. icon to be worshipped as pagans would, What is a dissenter? In this case, it is blood, who took action because it re- rather than to keep it as the beloved a social protester who feels so strongly quires action to provide freedom. They symbol of our freedom that is to be about an issue that he would stoop so did so for their flag. cherished. low as to try to get under our skin, to I would also like the prior speaker These rare but vile acts of desecra- try to rile us up, to prove his point, and and those who would dissent here to tion that have been cited by those who to have us react by making this great consider that the Medal of Honor is would propose changing our founding Nation less than it was. specifically awarded to those who have document do not threaten anybody. If How do we react? Dictators and dic- fought for their flag and on its behalf. a jerk burns a flag, America is not tatorships make political prisoners out I take very personally the issue. I re- threatened. If a jerk burns a flag, de- of those who burn their Nation’s flags, call a year ago my own father, a vet- mocracy is not under siege. If a jerk not democracies. We tolerate dissent eran of World War II, passed away. burns a flag, freedom is not at risk and and dissenters, even the despicable dis- Prior to his passing, one of his great we are not threatened. My colleagues, senters. concerns was that the flag that is be- we are offended. To change our Con- What is the flag, Madam Speaker? stowed upon veterans by our country stitution because someone offends us is The American flag? Yes, it is a piece of for their service be provided at his in itself unconscionable. cloth. It is red and white and blue, and wake, be shown at his wake in the The Nazis, Madam Speaker, the Nazis it has 50 stars and 13 stripes. But if we most meaningful way. If it means noth- and the fascists and the imperial Japa- pass this amendment and desecrators ing, then why does one have, as their nese army combined could not dimin- decide to go into a cottage industry last thoughts, thoughts of the flag? If ish the rights of even one single Amer- and make flags with 55 stars and burn it means nothing, then tell that to ican. Yet, in an act of cowardice, them, will we rush to the floor to those who go to war and march behind Madam Speaker, we are about to do amend our Constitution again? it. If it means nothing, then those who what they could not. If they add a stripe or two and set it have gone and given their lives and Where are the patriots? Where are ablaze, it surely looks like our flag, but made the ultimate sacrifice have done the patriots? Where are the patriots? is it? Do we rush in and count the so because of the flag. Whatever happened to fighting to the stripes before determining whether or Further, I believe that, as an elected death for somebody’s right to disagree? not we are constitutionally offended? public official, it is our duty to rep- We now choose, instead, to react by What if the stripes are orange instead resent the views of an overwhelming taking away the right to protest. Even of red? How do we interrupt that? What majority of Americans who want us to a despicable low-life malcontent has a mischief do we do here? If it is a full- restore to them the power to prohibit right to disagree, and he has a right to size color picture of a flag they burn, is the physical desecration of our flag. disagree in an obnoxious fashion if he it a crime to desecrate a symbol of a Madam Speaker, as citizens of the wishes. That is the true test of free ex- symbol? What are we doing? United States, we are concerned with pression, and we are about to fail that Our beloved flag represents this great protecting individual rights. We fight test. Nation, Madam Speaker. We love our to protect our freedom of religion. We

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14031 fight to protect our freedom of assem- D. Parker. Mr. Parker is a self-pro- that either, Madam Speaker. If we look bly. Essentially, we protect our right claimed liberal Democrat who has spo- at the lineup of the members of the Su- to live as free citizens. ken so eloquently in support of this preme Court who decided this issue we So, Madam Speaker, why would any- amendment in the past. He said, ‘‘The will not find the liberals lined up on body find fault with protecting the American flag doesn’t stand for one one side of the issue and the conserv- very symbol of that freedom. Here, in government or one party or one party atives lined up on the other side of the Congress, we are here to pass laws to platform. Instead, it stands for an aspi- issue. protect and rename old buildings, and ration to national unity despite, and The members who joined in the opin- laws to protect citizens from creditors, transcending, our differences and diver- ion to declare the burning of the flag a and laws to protect citizens from pred- sity. A robust system of free speech de- protected expression under the first ators. We do these things for the right pends, after all, on maintaining a sense amendment were Justices Brennan, reasons and good reasons. Can we not of community. It depends on some Marshal, Blackmun, Scalia and Ken- do the same for the very symbol of agreement that, despite our dif- nedy. Three of those five justices were what is right and good and just in our ferences, we are ‘one’; that the problem Republican justices, Republican ap- Nation? of any American is ‘our’ problem. It is pointees, to the court. And I do not Every Member of Congress takes the thus for minority and unpopular view- think there is anybody who is running time to have his or her picture taken points that the aspiration to and re- around these days saying that Justice with the flag of the United States as a spect for the unique symbol of national Scalia is a liberal. backdrop. Every Member of Congress unity is thus most important.’’ So this is not about liberals versus takes the time to march in parades Madam Speaker, I move to protect conservatives. It is about how we be- with our flag. Every Member of Con- that symbol of unity, and I urge all of lieve the First Amendment protects us, gress takes the time to present the my colleagues to vote in support of and what expressions we believe ought American flag to groups of constitu- this resolution. to be protected, and how we play out ents back in their district. Why? Is it Mr. WATT of North Carolina. Madam our own patriotism. because this is just some sort of studio Speaker, I yield myself such time as I Now, I want to acknowledge that the prop? No. It is because the flag is a may consume. very first time I came to the Congress symbol that everyone understands and Madam Speaker, I have yielded time of the United States and debated this respects. to several people, and I want to thank amendment I did not believe what I Madam Speaker, we cannot use the them for debating this issue. I wanted just said. I was one of those people who flag of the United States as a prop and to accommodate their schedules, but came to the Congress saying I do not then fail to protect it and what it now I want to kind of set the frame- know how anybody who supports the stands for. We cannot, we should not, work for this debate a little bit. Constitution of the United States could we must not cave in to intellectual I want to thank my colleagues, the not believe that the First Amendment snobbery. Being patriotic and sharing a gentleman from Florida (Mr. CANADY) to the Constitution is protective of deep love for the American flag is not and the gentleman from California (Mr. somebody who expresses themselves by politically incorrect. So let us stop CUNNINGHAM), for already during the burning the flag. acting like we are all too smart to be debate on the rule and the debate on But over the last four sessions of patriotic. the bill making it clear that this is not Congress, and this is the fourth time Madam Speaker, some of my col- about one side being patriotic and the we will have debated this issue in the leagues will argue today that this other side being unpatriotic. I do not four terms that I have been in the Con- amendment would infringe on the indi- think there is a single Member of the gress of the United States, what I have vidual right to free speech. The right Congress of the United States that I started to do is I have started to listen to free speech is the bedrock of Amer- would dare call unpatriotic. We all are to my colleagues, like the gentleman ica’s founding. I will be the first to pas- patriots. We all believe in our country. from California (Mr. CUNNINGHAM) and sionately defend the First Amendment. This is an honest dispute about how we the gentleman from Florida (Mr. CAN- But burning an American flag is not reflect that patriotism. ADY), who are on the opposite side of free speech. It is inexcusable conduct The gentleman from Florida (Mr. this issue. What I have seen is that that must be condemned. We should CANADY) has gone out of his way, par- people on our side of this issue have not protect such reprehensible behav- ticularly this year, to set a framework started to listen to the other side, and ior any more than we should protect for us to have this debate in a way that I have heard them start to listen to us. arsonists and vandals. we can honor each other and honor our And where we are today is a product of Madam Speaker, I am not alone in differences on this issue. And I was listening to each other, because we now this argument. There are many people never more proud of the process than I understand that a patriot like the gen- far more distinguished than I who be- was at the hearing that we had on this tleman from California (Mr. lieve that flag burning does not deserve proposed constitutional amendment CUNNINGHAM) can disagree with a pa- to be a constitutionally protected form when I saw my colleagues, the gen- triot like the gentleman from Mary- of speech. As the gentleman from California tleman from California (Mr. land (Mr. GILCHREST) on this important CUNNINGHAM), a decorated hero, and the (Mr. CUNNINGHAM) has pointed out, issue. This is not about who is patri- nearly 10 years ago to this very day the gentleman from Maryland (Mr. otic. Supreme Court ruled that flag burning GILCHREST), a Republican also and a We are going to recognize today that was an act of free expression by the decorated hero, on opposite sides of anybody who comes to this well, Re- slimmest margins, one vote. In that this important issue. publican or Democrat, regardless of case, the four dissenters based their op- This is not about one side being pa- which side of this issue they are on, is position on the fact that flag desecra- triotic and the other side being unpa- going to be recognized to engage in the tion is expressive conduct as distin- triotic. And I hope that throughout the debate. We are not censoring anybody. guished from actual speech. course of this debate today and tomor- If somebody wants some time, I wel- row my colleagues will keep that fact come them to come and state their po- b 1615 in mind and not stoop to calling one sition on this proposed constitutional In this regard they stated that the side unpatriotic or not make this about amendment. government’s interest in preserving the who is patriotic. This is not about that. So this is not about patriotism, it is value of the flag is unrelated to the I want to correct my good friend, the not about liberal versus conservative, suppression of ideas that flag burners gentleman from California (Mr. it is not about Republican versus Dem- are trying to suppress. CUNNINGHAM), who earlier in the debate ocrat. It is about how we learned what Madam Speaker, let me finish by suggested that this was about liberals the first amendment was about, and quoting Harvard law professor Richard versus conservatives. It is not about how we learned what patriotism was

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14032 CONGRESSIONAL RECORD—HOUSE June 23, 1999 about, and what we think the Constitu- not know if I want to be here rep- the First Amendment. That is one tion protects, and what we think ought resenting these people who are dem- choice that we all have to vote on the to be unprotected by the Constitution. onstrating against going to school with amendment that has been proposed by That is what this debate will be about. black kids. And I called up my senior my colleague the gentleman from Flor- So I want to right here welcome and law partner and I said, ‘‘Julius, why did ida (Mr. CANADY). We are going to have encourage my colleagues to come to you send me down here to represent an opportunity tomorrow to vote on an the floor, debate this important pro- these people knowing what they were alternative. It is an alternative that I posal, tell us what their experiences demonstrating about?’’ And he asked will offer to this House to be voted on, have been with the first amendment me one simple question. He said, ‘‘Do and it reads like this. It says, ‘‘Not in- and how it gets applied to them. I in- you not believe in the first amendment consistent with the First Article of vite my colleagues to tell us what their to the Constitution?’’ It stopped me Amendment to this Constitution, the experiences have been regarding patri- dead in my tracks. Congress shall have power to prohibit otism, and tell us what their experi- I will never ever forget that question the physical desecration of the flag of ences have been regarding liberty and that my senior law partner asked me the United States.’’ honoring the liberties that we have in on that occasion. It brought home to So if they believe that the First this country. And if my colleagues me, after all the education I had gotten Amendment is sacred, if they are hon- come to the floor and engage in the de- about what the first amendment oring the First Amendment, if they be- bate with that attitude, this will be meant, the book learning, what the lieve that this new guy on the block, one of the most powerful debates ever first amendment was really about. It is the new proposed amendment, is im- conducted on the floor of the House. about tolerating the views and defend- portant but they want it to be inter- I want people to come and debate ing the rights of people to express preted subordinate and in conformity this important issue, and I want them those views even if they disagree with with the First Amendment to the Con- to bring their stories. I want to start the views we hold. stitution that is currently on the by telling my colleagues my story. books, I am going to ask my colleagues I went to law school, and some people b 1630 to vote for the substitute, then, be- say it is the best law school in the That is what our First Amendment is cause I believe in the First Amend- country, although I am sure we could all about. It did not come as any sur- ment. generate a serious amount of debate on prise to me later in my legal practice Now, I am not going to say that that. to find that my law firm went to rep- those who believe that the First Mr. CANADY of Florida. Madam resent the Ku Klux Klan. There was not Amendment is different than my inter- Speaker, will the gentleman yield? a single person in my law firm who be- Mr. WATT of North Carolina. I yield pretation of it are not patriots. I would lieved in anything that the Ku Klux not dare call my good colleague the to the gentleman from Florida. Klan stood for. But when it came time Mr. CANADY of Florida. Madam gentleman from California (Mr. to defend their right to demonstrate Speaker, I would agree with the gen- CUNNINGHAM) unpatriotic. I have seen and express themselves, we were right tleman on that. him. He is a wonderful patriot. But I Mr. WATT of North Carolina. Madam in court there saying we may not agree submit to this body that we must not Speaker, reclaiming my time, I with the ideas they express, but we will put in the Constitution an amendment thought the gentleman was going to defend until the end their right to ex- that we believe to be at odds with the spring up, because we went to the same press them. First Amendment. And if we do, we law school. So it is even about people I am not here today, my colleagues, must make it clear that the First from the same law school disagreeing to defend people who burn the flag. I Amendment is to be the ruling amend- on this, as my colleagues will see. abhor flag burners. But I am here to ment in our Constitution. It has served I thought I knew the Constitution. I defend the Constitution of the United us for over 200 years, and it will con- had studied it. By the time I got to the States. I am here to defend the First tinue to serve us. But it will do so only third year of law school, I thought no- Amendment. I am here to defend the if we allow it. body could teach me anything else. freedom of expression. I am here to de- Madam Speaker, I reserve the bal- And then I went into the practice of fend the right of people who have views ance of my time. law in a small law firm that was known that are contrary to mine to express Mr. CANADY of Florida. Madam for its civil rights reputation. those views and to be heard in a democ- Speaker, I yield myself such time as I One day I got a call from my senior racy that we call America. may consume. law partner and he asked me to go I believe that is what the First Madam Speaker, I will just speak down to another county and represent Amendment and our Bill of Rights is briefly. I want to express my apprecia- some people who had been charged with about. The Bill of Rights was not put tion to the gentleman from North disturbing the peace and resisting ar- in place by the majority to protect the Carolina (Mr. WATT) for the spirit in rest and various and sundry other of- majority. It was put in place to protect which he has approached this debate fenses that people get charged with the minority from the tyranny of the concerning this constitutional amend- when they engage in demonstrations, majority. And when we diminish that, ment throughout the process, from the and I said, fine. we diminish our constitutional govern- subcommittee hearing through the sub- So I went traipsing off to the next ment. committee markup, full committee county, and what I found when I start- Now, my colleagues are going to be markup, and now on the floor today. ed to investigate was that a group of put in this debate to a clear choice. I I believe that the gentleman from Native Americans, with tomahawks want to applaud the Committee on North Carolina (Mr. WATT) is exactly and other such kinds of instruments, Rules, I do not get to do that very right when he says that no one should had gathered in front of a school to often, for giving us the opportunity to question the patriotism of anyone who demonstrate and to express their posi- exercise that clear choice. Because the might take a differing viewpoint on tion on an issue. And I kept inquiring underlying proposed amendment to the this particular issue. I understand that about what the issue was, and I found Constitution of the United States that those who are opposed to this amend- that those Native Americans were my friend and colleague from Yale Uni- ment base their opposition on prin- there demonstrating because they did versity also supports reads like this. It ciples that they hold very dear. This is not want to go to school with black says, ‘‘The Congress shall have power the sort of issue which tends to engen- students. They did not want their chil- to prohibit the physical desecration of der passionate feelings. And I respect dren to go to school with black stu- the flag of the United States.’’ that. dents. My colleague says he does not object I just again want to express my grat- Well, I was black then, I am still to the First Amendment, he objects to itude to the gentleman from North black, and I said to myself, now, I do the Supreme Court’s interpretation of Carolina (Mr. WATT) for approaching

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14033 this issue and dealing with it on the dren the freedoms and opportunities served 5 years in the military, and I merits rather than on the basis of an that this country offers, more impor- have great respect for the symbol of attack on the motivations or the patri- tantly what this country should offer. our freedom. I salute the flag, and I otism of those who have a differing My parents were not born American. pledge to the flag. But I served my viewpoint. That means that they had to affirma- country to protect our freedoms and to Madam Speaker, I yield 11⁄2 minutes tively choose to take up the values and protect our Constitution. I believe very to the gentleman from California (Mr. the principles and the ideals that are sincerely that today we are under- CUNNINGHAM). the foundation of our citizenship. They mining to some degree that freedom Mr. CUNNINGHAM. Madam Speaker, did so gladly and they did so naturally. that we have had all these many years. I would say to my colleague that if he I sometimes think that those Ameri- We have not had a law against flag thinks he was opposed to the Ku Klux cans who had to choose to be Amer- desecration in the 212 years of our con- Klan, my opposition was to those that ican, that had to take that affirmative stitutional history. So I do not see protested in a war that many of my step, perhaps they have a greater ap- where it is necessary. We have some friends lost their lives, but yet I would preciation for what this country offers. misfits on occasion burn the flag, fight for the right for them to protest. At an early age, my parents taught which we all despise. But to now Many of us felt that the Tom Hay- me respect for our Nation, her leaders, change the ability for some people to dens, the Jane Fondas, and the Bill and her most distinct symbol, Old express themselves and to challenge Clintons went too far by protesting in Glory. I learned that from an early age. the First Amendment, I think we the enemy’s camp. That was different. But I have to admit, Madam Speaker, I should not do this carelessly. But I would also say that 90 percent, 90 never really appreciated just how im- b 1645 percent, of the Supreme Court justices portant the flag was as a symbol until through history have supported this I left this country, until I lived and Let me just emphasize how the first amendment. It was only one Supreme worked overseas in a land where there amendment is written. ‘‘Congress shall Court in 1989, the same Supreme Court was no Declaration of Independence, write no law.’’ That was the spirit of that in 1990 by one vote overrode 200 there was no Bill of Rights, the sort of our Nation at that time. ‘‘Congress years of tradition. wonderful document that we are all shall write no laws.’’ That is why 85 percent of the Amer- talking about and debating and inter- We have written a lot of laws since ican people, 120 organizations, say that preting today. then. But every time we write a law to this is the correct thing to do and dis- As my wife Sue and I traveled around enforce a law, we imply that somebody agree with my colleagues on the other East Africa is where we were, every has to arrive with a gun, because if you side of this issue. They also support the time we saw Old Glory, whether it be desecrate the flag, you have to punish at embassies or at private homes, our First Amendment. that person. So how do you do that? When I went into the camps of those spirits were lifted by what it symbol- You send an agent of the government anti-war protesters and sat down with ized not just for us but for the rest of to arrest him and it is done with a gun. the world, nations and people strug- them, disagreed with them, I supported This is in many ways patriotism with a gling to be free. If we fail to protect their First Amendment rights to do gun. So if you are not a patriot, you the flag, that symbol both here and that. In this amendment, it does not are assumed not to be a patriot and abroad is tarnished. And I submit to take away from those rights. This par- you are doing this, we will send some- my colleagues, each time the flag suf- ticular amendment does not enfran- body to arrest them. fers physically, our stature in the eyes chise the First Amendment. They still It is assumed that many in the mili- of the world suffers just as clearly. have full ability to speak, to express tary who fought, but I think the gen- If we fail to protect the flag, people tleman from North Carolina pointed themselves in any legal way outside of around the world may believe that we the desecration of the American flag. out aptly that some who have been do not care, that we have become tired great heroes in war can be on either Forty-eight States had this prior to or complacent or self-doubting. The that one Supreme Court vote. It is side of this issue. I would like to read flag is a symbol. But in a time where a quote from a past national com- wrong, Madam Speaker. the eyes of the world are upon us, sym- Mr. CANADY of Florida. Madam mander of the American Legion, Keith bols matter; and no symbol matters Kreul. He said: Speaker, I yield 4 minutes to the gen- more than our flag. Our constituents tleman from Wisconsin (Mr. GREEN). Our Nation was not founded on devotion to are not complacent. Our constituents symbolic idols, but on principles, beliefs and Mr. GREEN of Wisconsin. Madam care. Every survey ever done tells us Speaker, I thank my colleague for ideals expressed in the Constitution and its that. They want to protect the flag. So Bill of Rights. American veterans who have yielding my the time. should we. protected our banner in battle have not done Madam Speaker, I rise in strong sup- Finally, I think part of the debate is so to protect a golden calf. Instead, they car- port of House Joint Resolution 33. going to be what the First Amendment ried the banner forward with reverence for First I would like to agree with my means today. And I think it is easy to what it represents, our beliefs and freedom colleague the gentleman from North draw lines between action and thought for all. Therein lies the beauty of our flag. A Carolina (Mr. WATT) that what we and expression. We have done so in the patriot cannot be created by legislation. should hear today and I believe what past. We have created hate crime laws. I think that is what we are trying to we are going to hear today is a series of We do have laws for destruction of do. Out of our frustration and exas- speakers on both sides talking about symbols like gravestones and syna- peration and our feeling of helplessness their personal experiences and what all gogues and churches. We have done when we see this happen, we feel like of the issues arising from this mean to that. we must do something. But I think us. I think that is appropriate. That is I urge us all today, as we go through most of the time when we see flag a good debate for us all to have. this debate, to follow the principles burning on television, it is not by We have heard from my good friend and respect what my colleague has sug- American citizens, it is done too often and colleague the gentleman from New gested and support this House resolu- by foreigners who have strong objec- York (Mr. SWEENEY) about how much tion. tion to what we do overseas. That is this means to him and to his family. Mr. WATT of North Carolina. Madam when I see it on television and that is My story is more brief but I think Speaker, I yield 4 minutes to the gen- when I get rather annoyed. sheds light on my own view. tleman from Texas (Mr. PAUL). I want to emphasize once again that I am the first native born American Mr. PAUL. Madam Speaker, I thank one of the very first laws that Red in my family. My parents were immi- the gentleman for yielding me the China passed on Hong Kong was to grants. They came to this country as time. make flag burning illegal. The very so many other immigrants do, even Madam Speaker, I rise in opposition first law by Red China on Hong Kong today, because they want for their chil- to this amendment. I have myself was to make sure they had a law on the

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14034 CONGRESSIONAL RECORD—HOUSE June 23, 1999 books like this. Since that time they It is important to remember here people backing this measure, it has my have prosecuted some individuals. Our that it takes the States to ratify what full and absolute support. State Department tallies this, keeps we do and it takes the voice of the peo- Madam Speaker, I hope this House records of this as a human rights viola- ple in those States. So let the people will support House Joint Resolution 33. tion, that if they burn the flag, they speak. Let them speak. Mr. CANADY of Florida. Madam are violating human rights. Our State Madam Speaker, the flag desecration Speaker, I yield 21⁄2 minutes to the gen- Department reports it to our Congress amendment should be passed. tleman from Michigan (Mr. KNOLLEN- as they did in April of this year and Mr. GOODLATTE. Madam Speaker, I BERG). those violations are used against Red yield 3 minutes to the distinguished Mr. KNOLLENBERG. I thank the China in the argument that they gentleman from North Carolina (Mr. gentleman for yielding me this time. should not gain most-favored-nation JONES). Madam Speaker, I rise in strong sup- status. There is just a bit of hypocrisy Mr. JONES of North Carolina. port of the constitutional amendment here, if they think that this law will do Madam Speaker, I rise today in strong to protect the American flag. I want to so much good and yet we are so critical support of House Joint Resolution 33, commend the gentleman from Cali- of it when Red China does it. and I commend the gentleman from fornia (Mr. CUNNINGHAM) for bringing We must be interested in the spirit of California for bringing this forward. this forward. His leadership is impor- our Constitution. We must be inter- Madam Speaker, it was on June 14, tant in this because of his background. ested in the principles of liberty. We 1777, that the Continental Congress But I also want to relate to the Amer- should not be careless in accepting this passed the first Flag Act, calling for ican people how I feel that they feel approach to enforce a sense of patriot- the symbol of the United States of about why Congress should be called ism. America to bear its Stars and Stripes. upon to enact a flag protection amend- Mr. GOODLATTE. Madam Speaker, I Over the years, the flag has grown to ment. They have done this ever since yield 15 seconds to the gentleman from become a symbol of freedom and a 1989 when the Supreme Court did the California (Mr. CUNNINGHAM). faithful tribute to those, living and de- decision-making as to burning or dese- Mr. CUNNINGHAM. I would address ceased, who have fought to protect and crating the flag. The storm of protest my colleague that just spoke in the preserve peace both here and abroad. coming from the American people since well. Is it not true that the gentleman Madam Speaker, we stand and pledge that time, I think, has been consistent. votes ‘‘no’’ on over 90 percent of the our allegiance to the flag every day, While public opinion on most issues issues and finds reason not to vote for but it is our United States soldiers who tends to be volatile, every reliable sur- issues on this House floor? Is that true? salute and serve beneath the flag who vey, every single one that they have Mr. PAUL. If the gentleman will truly bear the burden of ultimate alle- conducted on this issue over the last 10 yield, I think that is correct, because giance. They sacrifice their lives to years indicates, shows clearly, that 75 probably 90 percent of the time, this protect our freedom and our liberty. percent or better of the American peo- Congress is doing things that are not Madam Speaker, I want to share with ple believe it should be illegal to burn, Members a poem by Father Denis Ed- constitutional, and I think they are trample or destroy Old Glory. They tell ward O’Brien, United States Marine very legitimate. me it is illegal to burn trash, but we Corps, that shows the special relation- Mr. CUNNINGHAM. My point is can burn the flag. It is illegal to de- ship our soldiers have with the flag of made. I thank the gentleman. stroy Federal property, even a mailbox. the United States. I quote Father Mr. GOODLATTE. Madam Speaker, I But it is okay to destroy the flag. yield 3 minutes to the gentlewoman O’Brien: This indicates that while Americans from New York (Mrs. KELLY). It is the soldier, not the reporter, hold their first amendment rights dear Mrs. KELLY. Madam Speaker, I want who has given us freedom of the press. to their hearts, they also understand to share with Members some words It is the soldier, not the poet, that our flag should be honored and written by a third grader: who has given us freedom of speech. protected against senseless acts of van- ‘‘I feel so proud whenever I see It is the soldier, not the campus organizer, dalism. People can still express their my country’s flag flying over me. who has given us the freedom to dem- views without resorting to vandalism. The red’s so bold onstrate. Madam Speaker, the American flag is It is the soldier the white’s so clear not just a piece of cloth. It is a symbol the brightness of the blue is all so dear. who salutes the flag, I love my country who serves beneath the flag, that reflects the values, the struggles my family, too, and whose coffin is draped by the flag and the storied history of our great but most of all I love who allows the protester to burn the flag. country. the red, white and blue.’’ Madam Speaker, when we allow our I urge my colleagues, those that op- Madam Speaker, these words were flag, the very essence of our country, pose this amendment, to rethink ex- written because this child was allowed to be destroyed, in my opinion we dis- actly what the flag means to the Amer- to value our flag, to understand the im- honor the men and women who gave ican people, those who protest what portance of the symbolism embodied in their lives serving under that flag so has taken place, what took place in our flag and its importance in rep- that every one of us could live free. 1989. I would urge everyone to defend resenting the values of our country. I know, Madam Speaker, that many the principles that it embodies by vot- Madam Speaker, the child who wrote of my colleagues will raise important ing for this very important amendment these words, Carolyn Holmes, is grown constitutional questions about adding to the Constitution. now. She still values this country. She an amendment to protect the flag. But Mr. CANADY of Florida. Madam still values our flag. Madam Speaker, when it comes down to it as a rep- Speaker, I yield 3 minutes to the gen- we must teach our children values. resentative of the people, I believe that tleman from New York (Mr. GILMAN). If we allow the desecration of our we have the support from the majority Mr. GILMAN. I thank the gentleman flag, we allow those who desecrate it to of the American people on this issue. for yielding me this time. teach our children a values lesson Madam Speaker, I have had the Madam Speaker, today the House has which may yield bitter fruit. honor of serving the citizens of the this opportunity to make an important Madam Speaker, this issue is impor- Third District of North Carolina for 5 statement on behalf of all of us and on tant. We worry about how to help our years. I can say with absolute honesty behalf of every soldier who has fought children learn the basic values for a that I have never personally spoken and died for the principles upon which civil society. Respect is one of the with any citizen on this issue who did our Nation was founded. I commend most important of these. Children need not express support for congressional the gentleman from California (Mr. to be taught respect. Respect for the action to protect and preserve the in- CUNNINGHAM) for introducing this im- flag seems a very good place to begin. tegrity of the United States flag. portant legislation and the gentleman Let it spread from there to respect for With many of our United States vet- from Illinois (Mr. HYDE) for bringing others and their ideas. erans and a majority of the American this measure to the floor.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14035 I have long been a strong supporter fact, the first amendment would not be Mr. PETERSON of Pennsylvania. of prohibiting the desecration of our here if the fifth article had not been Madam Speaker, I thank the gen- Nation’s flag, and I have served and acted on by the legislative body and tleman from Florida for the time and fought to protect the freedoms of our other legislators. the opportunity to share today. Nation, freedoms represented by our Madam Speaker, I want to point out I join to support this proposal to pro- flag, to people throughout the world. one thing, is that we are not talking tect our flag, the red, white and blue, Although opponents of this measure about the first amendment being re- the leading symbol of freedom not in contend that this amendment infringes stricted. We are talking about, as we just this country, but in the world. upon the freedom of speech, to that I have talked about with other amend- Much of the world, when they look at take exception. While we defend the ments, that reasonable commonsense that flag, they know it means freedom, right of any person, no matter how restrictions are not a threat to our the greatest freedom in the world. misguided, to argue against the prin- constitutional freedoms, but they are My grandfather was an immigrant ciples for which our Nation stands, we the best safeguards that abuses and ex- from Sweden, and he taught me at a should not contend that destroying our tremist approaches to our first amend- very young age to be so proud to be an flag is in any sense such an argument. ment, second amendment, third amend- American because he was so proud to Our flag has been a citadel of freedom ment and every part of the Constitu- be an American, and he was so proud of and a beacon of hope to the world. It tion is the greatest threat to those the red, white and blue; it meant so has stood with our courageous service- constitutional protections. much to him. We all know young men men and women in two world wars, in As Thomas Jefferson articulated who have given it all. Today I want to Korea, Vietnam, in Panama, Grenada, quite clearly his intention for freedom mention three that left the small town Kuwait, Bosnia and more recently of speech and the articulation of the I come from of Pleasantville, a thou- Yugoslavia, and anywhere that Ameri- first amendment, and that was to en- sand people. Three young men, Roger, cans have fought and died to oppose op- courage the intellectual exchange in Danny and Bruce, went to Vietnam at pression. Our flag represents every- our society and not as just a protection about the same time. The only one to thing good about our Nation and its to the individual who wanted to speak return was my brother Bruce. Roger desecration stands as an insult to up, but to the protection of society so and Danny gave it all. They left their every American. that they could get the intellectual ex- blood in the swamps of Vietnam, they Our flag symbolizes our Nation’s change and contribute to the dialogue left their life there, they gave every- great history. Within that field of stars in our community. thing. They gave their future to preserve that flag. and stripes stands the devotion of Madam Speaker, the burning of the Four out of five Americans support countless numbers of citizens who have American flag is not being expressed as an intellectual exchange. It is just like this proposal. When do we get 80 per- loved and honored the principles of cent to agree on anything? Forty-nine freedom and justice. somebody screaming fire in a movie house. It is someone trying to invoke States have passed resolutions urging In this city of many monuments rep- us to do this. When do we get 49 State an emotional response. Screaming fire resenting our Nation’s pride, honor and governments of both parties to agree happens to invoke fear. Burning the history, let us take this opportunity to on anything? protect the greatest monument of American flag is trying to invoke out- This is the symbol of freedom. them all, our flag, the flag of the rage and purposefully trying to invoke Should it not have a higher priority United States of America. It is proudly an emotional response. That emotional than money or mailboxes or other displayed as a monument in virtually response, just like carnal pornography, things that we are not allowed to dese- every courthouse, every school, li- is not protected under the first amend- crate? brary, city, town and village through- ment. It has never been perceived to be As Justice Rehnquist noted, the flag out our Nation. protected. The intellectual exchange of is not simply another idea or point of In closing, Madam Speaker, and in disagreement about political activity view competing for recognition in the urging my colleagues to support this is. But when we get to this emotional marketplace of ideas. Millions and mil- amendment, let me remind my col- response I think we have got to be the lions of Americans regard it with al- leagues of the thoughts reflected by reasonable, commonsense approach and most mystical reverence. All should. In Supreme Court Justice John Paul Ste- say there are some things like burning my view it is literally the fabric which vens who said, and I quote, ‘‘The flag the flag which do not encourage intel- binds us together, it is the symbol of uniquely symbolizes the ideas of lib- lectual exchange in our society. who we are and the emblem we rally erty, equality and tolerance, ideas that And I want to point out again that around when times get tough. Americans have passionately defended those who would not change the Con- A businessman from my district, an and debated throughout our history.’’ stitution no matter what, we need immigrant from Iran, recently invited Mr. CANADY of Florida. Madam sometimes to correct mistakes made me to the opening of his new facility, Speaker, I yield 3 minutes to the gen- by the Supreme Court. That is why our and instead of cutting a ribbon he run tleman from California (Mr. BILBRAY). Constitution has Article V. I think we up the American flag on the pole, and all agree, I think everyone agrees, that he allowed me to do that, and he said b 1700 the Dred Scott decision was an abso- the reason I want that flag on my pole Mr. BILBRAY. Madam Speaker, I lute farce, it was wrong, it should not that looks right out my window of my rise in support of the resolution, and, have been done. So the 14th amend- office, because I understand the free- Madam Speaker, I would just ask my ment was passed to address that mis- dom in this country that I did not have colleagues to remember that when the take, and I think history has proven in Iran, that I did not have when I was Constitution, including every amend- that the 14th amendment overall was a in Germany for a short time. I want to ment, was drafted the drafting fathers good piece of legislation and was an look at that flag and never forget. He assumed they would be reasonable, amendment that was needed. said also outside my window at the commonsense applications of laws, and Madam Speaker, I think history is house from my dining room table I I would like to remind my colleagues going to prove that this amendment to want a flag that I can look out there in that the first amendment existed, A, the Constitution is desperately needed light hours and see the symbol of free- because of the fifth article which spe- to correct a wrong the Supreme Court dom that America has presented to the cifically says not only do the legisla- has made just recently that they had whole world. tors of America have a right to amend not for 200 years. Let us join those, the majority of the Constitution when they think Mr. CANADY of Florida. Madam Americans, the majority of States, who there has been a mistake or there Speaker, I yield 3 minutes to the gen- realize this is more than a flag. It is a needs to be something clarified, but tleman from Pennsylvania (Mr. PETER- symbol that embodies the bloodshed by they have a responsibility to do it. In SON). Americans so that we can be free.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14036 CONGRESSIONAL RECORD—HOUSE June 23, 1999 Mr. WATT of North Carolina. Madam carry around in my pocket to remind women share: Honor and value, valor Speaker, I yield 31⁄2 minutes to the gen- me how difficult our democracy is? The and courage. tleman from Wisconsin (Mr. KIND). Constitution? The Declaration of Inde- Veterans groups. I think every major Mr. KIND. Madam Speaker, I thank pendence? Or the very Bill of Rights veteran group supports this. Forty- the gentleman for yielding this time to itself? They too are symbols of our nine States have expressed to the Con- me. country that young men and women gress that we ought to act on this. Madam Speaker, if there is one have fought for and died for. I would just urge my colleagues to bright shining star in our constitu- Let us not go down that path today. support this amendment. tional constellation, it is the first We have done pretty well these passed Mr. CANADY of Florida. Madam amendment of the Bill of Rights. That 210 years without having to amend the Speaker, I yield 21⁄2 minutes to the gen- is the amendment that embodies the Constitution to deal with a few individ- tleman from Indiana (Mr. BUYER). very essence upon which our democ- uals’ act of senseless desecration. Mr. BUYER. Madam Speaker, I rise racy was founded because it stands for There are other ways of dealing with in strong support of the legislation the proposition that anyone in this content neutral acts. If someone steals that we have here to have a constitu- country can stand up and criticize this my flag, they can be prosecuted for tional amendment to prohibit the dese- government and its policies without theft and trespassing. If they steal my cration of the United States flag. fear of prosecution. But here we are yet flag and burn it, they can be pros- I listened to some of the debate, I re- again in the 106th Congress debating an ecuted for theft, trespass, criminal spect my colleagues, but this is not an amendment that would seriously weak- damage to property. If they burn it on issue about speech. What one can say is en the first amendment and freedom of a crowded subway station, they can anything they want in this country, expression in this country. also be prosecuted for inciting a riot, but conduct is what we are focusing on. Now I want to be clear. I am going to reckless endangerment, criminal dam- I suppose if someone believes that oppose this amendment, not because I age to property and theft. There are they, in fact, are embodied with the condone or I do not feel repulsed by the other ways that this type of conduct right to burn this flag being displayed senseless act of disrespect that is can be prosecuted, but if someone buys directly behind me, go ahead, but they shown from time to time against one of a flag, goes down in their basement and have to get through me first, and when the most cherished symbols of our because they do not like the govern- they do that, they really upset me. country, the American flag, but be- ment decides to desecrate it or burn it, Now why do they upset me? I suppose cause I recognize that our Constitution are we going to obtain search warrants that that statement written on a can be a pesky document sometimes. It and arrest warrants to go in and arrest blackboard long ago when I was a col- challenges us, and it reminds us that that person and prosecute them? We do lege student at the Citadel that said this democracy of ours requires a lot of not need to do that. those who serve their country on a dis- hard work. It was never meant to be That is why I encourage my col- tant battlefield see life in the dimen- easy. Our democracy rather is all about leagues today, Madam Speaker, to op- sion the protected may never know. advanced citizenship. It is about the pose this amendment and not change I have seen that flag on a distant bat- rights and liberties embodied in the 210 years of history in this country. tlefield. I understand what it rep- Constitution that will put up a fight Mr. CANADY of Florida. Madam resents, the physical embodiment of against what we believe and value most Speaker, I yield 11⁄2 minutes to the gen- everything that is great about our Na- in our lives. Our Constitution is going tleman from Montana (Mr. HILL). tion and perhaps not so great. Each of to challenge us, and it is going to say, Mr. HILL of Montana. Madam Speak- us individually when we see that flag, ‘‘Hey, you believe in freedom of expres- er, I thank the gentleman for time, we get a tingle inside, and it is per- sion or free speech in this country? and, Madam Speaker, if colleagues sonal. We should do everything we can Let’s see how we react when someone would listen to the debate today, they to protect that which is so vitally im- steps up on their soap box at high noon would conclude that we are here to portant to us as a Nation. and expresses at the top of their lungs make a choice between defending the As I listened to some of my col- ideas and beliefs that are completely flag and defending the Constitution. In leagues here, I am puzzled. I am puz- contrary to ideas and beliefs that we fact, the opposite is true. What we are zled because some of those who are in have fought for and believed in during here doing today is to try to reconcile opposition to this amendment are also our entire lives.’’ our respect and our affection for the in opposition to our efforts to bring That is what advanced citizenship is flag for our respect and our commit- prayer back into school, our efforts to about. That is what the challenge in ment to the Constitution. revitalize America to find its moral the Constitution is for us. And yes, the I happen to disagree with the Su- center. I do not know how those advo- Supreme Court has ruled on numerous preme Court decision, but this process cates want to see America. See, Amer- occasions that the repulsive disrespect that we are following today does not do ica, a little over 200 years young; are and the idiotic act of desecrating the damage to the first amendment or to we going to be seen as some meteor American flag is freedom of expression the Constitution. In fact, we are fol- that shined brightly but moved quickly protected under the first amendment. lowing a constitutional process. across the span of world history? As former Supreme Court Justice I believe that we owe the blessings of Jackson said in the Barnette decision, liberty and freedom to those who b 1715 and I quote: served and sacrificed for this Nation, Or, do we believe, as I do, if we per- ‘‘Freedom to differ cannot just be and as I attend the Memorial Day pa- mit the eyes of our mind to see a great- limited to those things that do not rade or Memorial Day service and I er vision, I believe America has what it matter much. That would be a mere watch the tears streaming down the takes to reach deep, to revitalize itself, shadow of freedom. The test of its sub- face of those veterans that are there, I to find its center, its moral center, its stance is the right to differ as to things know that our flag is more than a sym- proper balance, to seek the greater un- that touch the very heart of the exist- bol. Somehow it is a link to the friends derstanding, to have wise tolerance, ing order.’’ that they left on the battlefield or and to respect each other for an endur- There are few things that evoke more their friends who left parts of them- ing peace. As we do that, there are cer- emotion, passion, pride or patriotism selves on the battlefield. tain things that we have to respect in than the American flag; I recognize I believe that the desecration of our our society, and one that represents that. But if we pass this amendment flag is an insult. It is an insult to our the physical embodiment of this Na- today, where do we stop? Do we next Constitution, it is an insult to the lib- tion, and we are sensitive to liberty, is, try to prohibit the desecration of the erty and freedom that is in it. It is an in fact, Old Glory. Bible? Or the Koran? Or the Torah? Or insult to the sacrifice, and it is an in- That is what this amendment is perhaps even this book that I like to sult to the values that these men and about. I respect the Committee on the

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14037 Judiciary for bringing it to the floor, I believe that the States and Federal Mr. YOUNG of Florida. Madam and I ask all of my colleagues to vote Government do have the power to pro- Speaker, I rise in support of H.J. Res. for this constitutional amendment. tect the flag against acts of desecra- 33. Mr. WATT of North Carolina. Madam tion and disgrace, wrote former Chief Madam Speaker, the American flag is a Speaker, I yield 2 minutes to the gen- Justice Earl Warren. This view is symbol of our nation’s freedom and liberty. tleman from Pennsylvania (Mr. shared by many past and present Jus- Today we have an opportunity to protect that DOYLE). tices of the U.S. Supreme Court across sacred symbol by approving House Joint Res- Mr. DOYLE. Madam Speaker, I can the ideological spectrum, including olution 33, a Constitutional Amendment au- think of no greater symbol of freedom, Hugo Black, Abe Fortas, Byron White, thorizing Congress to prohibit the physical no higher embodiment of American John Paul Stevens, Sandra Day O’Con- desecration of the flag of the United States. ideals than the flag of the United nor, and current Chief Justice William Our children learn the story of Francis Scott States of America. Since the Revolu- Rehnquist. Key waiting throughout the night of September tionary War, our flag has served as a These eminent men and women have 13, 1813 in hopes that the British had not bro- sacred reminder of who we are, what not taken a merely political stance ken through the American defenses in Balti- we stand for, and the dreams we hope based upon shallow assumptions. Rath- more Harbor. At the break of dawn, Key’s to achieve. Therefore, I am pleased to er, they rely upon well-established fears were quieted as he awoke to find that rise today in support of H.J. Res. 33, principles. ‘‘Surely one of the high pur- the flag, battered with holes ripped by cannon which reaffirms our national commit- poses of a democratic society’’ wrote fire, was still flying proudly over Fort McHenry. ment to protect our great flag. As in Rehnquist, ‘‘is to legislate against con- Since the early part of this century, millions of the 104th and 105th Congress, I am duct that is regarded as evil and pro- visitors have flocked to the Smithsonian to proud to say that I am once again a co- foundly offensive to the majority of view this huge flag and continue to do so sponsor of H.J. Res. 33. people, whether it be murder, embez- today, nearly two hundred years after that Madam Speaker, support for prohib- fateful night in Baltimore. This national symbol zlement, pollution or flag-burning.’’ iting the desecration of our flag is ap- is so important that it is now being carefully parent not just from my constituents The flaw with the opposition’s entire restored so that future generations of Ameri- in the 18th District of Pennsylvania, line of reasoning is their concept of cans can reflect on our distinct and glorious but from 279 of my colleagues that free speech. It is not and never has heritage. have cosponsored this resolution. Our been the right to do anything you want American service members have proudly flag represents the very essence of to do any time you want to do it. Rath- marched, sailed, or flown under the flag in what it means to be an American. By er, it is a precious liberty founded in every conflict from the Mexican War to the re- honoring and respecting our flag, we, law; a freedom preserved by respect for cent Kosovo campaign. Just this past April, an in turn, honor and respect those who the rights of others. American pilot was shot down deep in Serb gave their lives and lost loved ones in To say that society is not entitled to territory while flying a mission during the war the fight to protect this important establish rules of behavior governing in Kosovo. Clutching a small American flag symbol of America. its members is either to abandon any that he had kept tucked away in his flight suit, Under our great flag, many different meaningful definition of civilization, the pilot said it was the Stars and Stripes that cultures, beliefs, and ethnicities can or to believe that civilization can sur- gave him the hope, strength, and endurance find common ground and come to- vive without regard to the feelings or that was required to withstand such an ordeal. gether as one. It is this unit and free- decent treatment of others. To burn a For the benefit of my colleagues who may not dom that is represented by our flag and flag in front of a veteran or someone have seen this story, I will include this story in forms the cornerstone of America. else who has put his or her life on the the Congressional Record following my re- Throughout our history, the United line for their country is a despicable marks. States has called upon her husbands act not deserving of protection. The American Flag is a symbol of courage and wives, sons and daughters to travel It is well established that certain and bravery. We all recall the famous scene of to foreign lands and defend freedom types of speech may be prevented under our Marines in World War II raising Old Glory and liberty at all costs. We owe it to certain circumstances, including lewd, high above the blood stained beaches of Iwo them to ensure the American flag, the obscene, profane, libelous, insulting or Jima, signifying that America had just won one very symbol they fought and died to fighting words. When it comes to ac- of this century’s fiercest battles. Today, a sea protect, is respected and cherished by tions, the limits may be even broader. of small flags quietly stands guard over the all. That is where I will vote to put flag graves of these fallen heroes across our na- Prohibiting the desecration of the desecration, where 48 State legislatures tion’s cemeteries. These men and women flag does not deny any individuals any thought it was when they passed laws fought and died to protect our nation and the freedoms or beliefs, but it does serve to prohibiting it. sanctity of our flag, and that is precisely why strengthen our commitment to these This amendment does not in any way we must approve this legislation today. We very ideals. We should join together in alter the first amendment. It simply must pay tribute to this strength and pride of this effort to preserve the symbol of corrects a misguided 5-to-4 court inter- America and her people by honoring Old our national unit. pretation of that amendment. As Jus- Glory. Madam Speaker, I urge my col- Madam Speaker, the flag stands for much tice Rehnquist eloquently observed in leagues to support the sacrifices of all more than the 50 states and 13 original colo- concluding his dissent, ‘‘Uncritical ex- of our Nation’s citizens; support the nies. It stands for freedom, liberty, and democ- tension of constitutional protection to very beliefs that our great country was racy, ideals attributed to our great country by the burning of the flag risks the frus- founded upon, and support our great peoples from around the globe. The great tration of the very purpose for which American flag. naval hero John Paul Jones once wrote, ‘‘The organized governments are instituted. Mr. CANADY of Florida. Madam Flag and I are twins . . . So long as we can The Government may conscript men Speaker, I yield 3 minutes to the gen- float, we shall float together. If we must sink, into the Armed Forces where they tleman from Virginia (Mr. GOODLATTE). we shall go down as one.’’ Madam Speaker, must fight and perhaps die for the flag, Mr. GOODLATTE. Madam Speaker, I today we must heed the words of John Paul but the government may not prohibit thank the gentleman for yielding and Jones. May the flag always fly freely and the public burning of the banner under for his leadership on this issue. proudly over our land, and may we revere and which they fight.’’ Madam Speaker, I rise in strong sup- cherish it forever. port of this constitutional amendment. Madam Speaker, I am proud to play a [From the St. Petersburg Times, April 7, Not all physical actions constitute free part in trying to right that wrong. 1999] speech, and I am hardly alone in as- Mr. CANADY of Florida. Madam U.S. FLAG GAVE DOWNED PILOT HOPE WHILE serting that flag desecration is not free Speaker, I yield such time as he may AWAITING RESCUE speech to be protected under the first consume to the gentleman from Flor- WASHINGTON—Crouched in a shallow cul- amendment. ida (Mr. YOUNG). vert deep in Serb territory, one of the worst

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.001 H23JN9 14038 CONGRESSIONAL RECORD—HOUSE June 23, 1999 moments for the F–117A stealth fighter pilot I asked was that I be able to stay here for as was wrong because freedom of expres- downed over Yugoslavia came when barking long as possible before heading back’’ to the sion is one that is guaranteed by the search dogs drew within 30 feet of his hiding United States, he said. first amendment, and the intent of the The distinctive arrowhead-shaped F–117A, place. burning of a flag is not to create a fire, The U.S. pilot reached for a folded Amer- which has a 43-foot wingspan, is armed with ican flag that he had tucked inside his flight laser-guided bombs and equipped with so- but it is to inflame passions because I suit next to his skin and said a silent prayer. phisticated navigation and attack systems. am so vigorously against policies of the ‘‘It helped me not let go of hope,’’ the pilot Stealth technology uses curved or angular government or otherwise. said in an interview released Tuesday by the surfaces to reduce radar reflections. So I thought for a moment, what Air Force News, ‘‘Hope gives you strength. Mr. WATT of North Carolina. Madam made me a patriot. Does this amend- . . . It gives you endurance,’’ Speaker, I yield 31⁄2 minutes to the gen- ment, my vote for or against it, make The dogs moved on, and after he spent six tlewoman from Texas (Ms. JACKSON- me stand taller than my neighbor? And hours watching passing headlights on a near- I disagreed with myself; it does not. My by road, helicopters from the Air Force’s LEE). 16th Special Operations Group picked him Ms. JACKSON-LEE of Texas. Madam vote against it does not diminish my up, backed by support planes that swooped in Speaker, I thank the gentleman from patriotism, because I stand with the for the rescue. Virginia for yielding me this time. I likes of Senator John Glenn, a hero The Pentagon is withholding the pilot’s thank the ranking member, the gen- who just these past months made us to name and details surrounding the crash of tleman from North Carolina (Mr. proud of his recent trip into space, and his F–117A and his rescue, although senior WATT), and the gentleman from Florida he acknowledged the fact that those defense officials say a Serb missile probably (Mr. CANADY), the chairman of the sub- who served in the Armed Forces risked shot the plane down March 27. It was the committee. their lives, believed it was our duty to first F–117A to go down in combat. The plane went down near Budjenovci, 35 One of the good things that has oc- defend our Nation, Senator Glenn said. miles northwest of the Yugoslav capital, Bel- curred in this debate is the recognition I can tell my colleagues that in com- grade, and the pilot bailed out as ‘‘enor- that no one’s patriotism is diminished, bat, I did not start thinking with the mous’’ G-forces worked against him. and we would hope that that is a clear philosophy of our Nation, I put my life ‘‘I remember having to fight to get my and salient point as we debate this con- on the line. I fight for the flag because hands to go down toward the (ejection seat) stitutional issue. it symbolizes freedom. handgrips,’’ he said. ‘‘I always strap in very Before I came to the floor, I thought Let us fight for the freedom of ex- tightly, but because of the Intense G-forces, for a moment where my patriotism pression and not vote for this amend- I was hanging in the straps and had to might have developed. Where did I first ment; vote it down. stretch to reach the handles.’’ He can’t remember reaching the handle. refine and understand what a glory it Madam Speaker, I stand to oppose this ‘‘God took my hands and pulled,’’ he said. is to live and love and be free under the amendment to the Constitution to prohibit Although slightly disoriented, the pilot flag of the United States of America. I physical desecration of the flag of the United began radio contact with NATO forces as he was reminded of going to school, and I States. This effort to amend the Constitution is parachuted toward a freshly plowed field 50 am always encouraging my youngsters an exercise in misjudgment and a waste of yards from a road and rail intersection. to make sure they pledge allegiance to precious time. This is not the first time we ‘‘I knew I was fairly deep into Serbian ter- the flag every day, as we do. have visited this issue, and I renew my oppo- ritory,’’ he said, but he remembered his I would hope in every school our chil- sition. training. ‘‘It didn’t panic me. I just got very dren are taught to pledge allegiance to busy doing what I needed to do.’’ In 1984, in front of the Dallas City Hall, After he hit the ground, the pilot buried a the flag of the United States of Amer- Gregory Lee Johnson burned an American life raft and other survival equipment and ica. It is symbolic of all of who we are, flag as means of protest against Reagan ad- spent the next six hours in a ‘‘hold-up site’’— and it is symbolic of the fact that we ministration policies. Johnson was tried and a shallow culvert 200 yards from his landing stand as a people in this Nation, convicted under a Texas law outlawing flag site. He made only infrequent radio contact united, because of the freedom that is desecration. He was sentenced to one year in with NATO rescuers in order to avoid detec- offered through those who have died, jail and assessed a $2,000 fine. tion by Serb forces who might be listening and the wisdom of our Founding Fa- After the Texas Court of Criminal Appeals and racing to capture him. thers who structured this fragile Na- ‘‘For the downed guy,’’ he said, ‘‘it’s very reversed the conviction, the case went to the unsettling to not know what’s going on. tion on the premise of a democratic Supreme Court. In a 5-to-4 decision, the Court You’re thinking, ‘Do they know I’m here? Do unit and on the premise of a Bill of held that Johnson’s burning the flag was pro- they know my locations? Where are the as- Rights. Not an afterthought, but rath- tected expression under the First Amendment. sets and who is involved: What’s the plan? er, something that was separate and The Court found that Johnson’s action fell into Are they going to try to do this tonight?’ It’s set aside to reinforce the fact that we the category of expressive conduct and had a the unknowns that are unsettling.’’ have freedom of expression. distinctively political nature. Passing cars and trucks might have been Madam Speaker, I say to my col- The Court found that fact that an audience Serb military or police, but the pilot said he leagues, be reminded that we have takes offense to certain ideas or expression couldn’t confirm they were looking for him, although search dogs came close. lasted these 400 plus years not because does not justify prohibitions of speech. The ‘‘There was some activity at that intersec- we keep people from expressing them- Court also held that state officials did not have tion,’’ he said. ‘‘Thank God no one actually selves, but we have managed not to the authority to designate symbols to be used saw me come down.’’ have coups and revolutions and depos- to communicate only limited sets of messages The pilot said he concentrated on staying ing of leaders in an illegal and uncon- noting that ‘‘[i]f there is a bedrock principle un- low and on the American flag, which a fellow stitutional manner, because people be- derlying the First Amendment, it is that the airman gave him as he strapped in for his lieve they can petition the govern- Government may not prohibit the expression mission at an air base in Aviano, Italy. ment. I go to my American Legion of an idea simply because society finds the ‘‘Her giving that flag to me was saying, ‘I’m giving this to you to give back to me halls. I am supporting my good friend, idea itself offensive or disagreeable.’’ when you get home,’ ’’ the pilot said. ‘‘For Mr. Lee, who is going to put up a The flag is a symbol of freedom. The red me, it was representative of all the people monument to World War II veterans in bars are tributes to the blood shed by the who I knew were praying. It was a piece of my district. We believe in exercising colonists who revolted against tyrannical op- everyone and very comforting.’’ pride in our country. pression, including censorship and the inability The airman who gave the pilot the U.S. But this amendment says something to protest government policies. The proposed flag was among the first to greet him when different, and I am not sure if it is be- amendment slaps the faces of those mar- he returned to Aviano and he opened his cause Gregory Lee Johnson burned a velous patriots and decries the very freedoms flight suit to show her he still had it, the Air flag in Dallas, Texas, and I am from Force News reported. The airman’s name also for which the flag flies. was withheld by the Pentagon. Houston, against protesting the The intent of burning the flag is not to start So far, the pilot hasn’t rejoined the NATO Reagan administration policies. But a fire, but to inflame passions. That simple airstrikes, although he has asked his com- the Supreme Court and the Court of fact is why it is a form of expression protected manders to put him back into combat. ‘‘All Appeals indicated that the Texas law by the First Amendment to our Constitution.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.001 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14039 And that is why it would be a contradiction of the 82nd Airborne assembled behind not go home unless ultimately, all of the Constitution itself to make this particular our colors, just put this whole issue in them went home at the same time, and form of free speech a crime. the proper perspective for me. they decided that when they returned For those who say our brave men and I support the resolution of the gen- to America, they would return with women did not die in all the wars the past 200 tleman from California (Mr. honor, and nothing less, nothing more. years to end up have people free to burn our CUNNINGHAM). Our Nation’s history is So they were there under very dif- country’s flag with impunity, I say those patri- replete with tales of courageous Ameri- ficult situations, being tortured, and at ots died to uphold the notion of freedom, in- cans who have ventured to foreign this point in their lives they had no cluding freedom of speech and freedom of ex- lands to defend the principles rep- hope perhaps of even coming home, and pression. resented by the Stars and Stripes. many of them died. These young patriots fought for our In 1990, Congress considered and rejected b 1730 H.J. Res 350—a similar Amendment to the freedom and democracy, not because U.S. Constitution. Again in 1995 Congress they were forced, but because they But the most poignant part of the considered the same amendment, (H.J. Res. knew in their hearts that their cause whole film is when they were told they 79), but did not get the necessary two third was righteous, that making the ulti- were going to be released. They put on majority vote of the Senate. mate sacrifice for freedom, liberty, and their uniforms that the North Viet- The First Amendment implication of this res- justice was worth the risk. We today, namese gave them and they went out olution is most damaging. If passed, this as a Congress, also have the oppor- to the tarmac. Down came this large would be the very first time in the history of tunity to do in our hearts what we plane, a C–130, and it had a big Amer- our nation that we altered the Bill of Rights to know is right. ican flag. As soon as they saw that place a severe limitation on the prized free- The American flag is a symbol of American flag, the tears were in their dom of expression. This would be a dan- more than nationhood. It is a symbol eyes. gerous precedent to set, because it would of the land we love, the home of the Once they got on board the aircraft open the door to the erosion of our protected free and the brave. It is known around they were all given a uniform, the uni- fundamental freedoms. the world as a symbol for democracy form of their rank. And they looked at The Amendment as written is vague. It and the noble ideals that characterize the buttons and they saw the symbol of states that, ‘‘Congress shall have power to our democratic republic: Rights, re- the United States. Again, they broke prohibit the physical desecration of the flag of sponsibility, equal opportunity, and down and that forced all of them to the United States.’’ What does the term dese- freedom. I, along with the vast major- cry. cration actually mean? ity of Americans, believe that Congress What I am saying to my colleagues Is it the burning of the flag? Flag burning is can afford our flag protections con- today, would Members want to allow the preferred means of disposing of the flag sistent with the first amendment. It is these prisoners of war to come home when it is old. The Court noted in Texas my duty, it is our duty to defend our and to see our citizens desecrating the versus Johnson, that according to Congress it flag from desecration and to protect flag in front of these very noble indi- is proper to burn the flag, ‘‘When it [the flag] the honor of generations of courageous viduals who spent their entire lives be- is in such a condition that it is no longer a fit- Americans who have fought and died hind a door with no knob? In fact, near ting emblem for display.’’ What criteria would for the freedoms that all Americans the end one of the prisoners said that be used to determine when the flag is no enjoy today. to him, he feels so much gratefulness longer fit for display and can thus be burned Mr. CANADY of Florida. Madam and thanksgiving now that he is back without penalty? Speaker, I yield 21⁄2 minutes to the gen- in the United States, and every morn- It is rare that a flag is ever burned in our tleman from Florida (Mr. STEARNS). ing when he gets up and he realizes the country as a form of political speech or other- Mr. STEARNS. Madam Speaker, I doorknob is on his side, that is another wise. From 1777 through 1989, only 45 inci- thank my colleague for yielding me day of freedom. dents of flag burning were reported; since the this time. Let us remind our colleagues I urge support for this House Joint 1989 flag decision, fewer than ten (10) flag what we are voting on a joint resolu- Resolution 33. burning incidents have been reported per tion proposing an amendment to the Mr. CANADY of Florida. Madam year. Constitution of the United States au- Speaker, I yield 21⁄2 minutes to the gen- After all, the importance of our flag is not in thorizing the Congress to prohibit the tleman from Texas (Mr. GREEN). its cloth, it is in what it symbolizes. The impor- physical desecration of the flag of the Mr. GREEN of Texas. Madam Speak- tant thing about symbols is that they don’t United States . er, I thank my colleague, the gen- burn. No matter how much cloth goes up in Madam Speaker, last night I was at a tleman from Florida, for yielding time flame, no matter how much hatred is hurled at documentary over at the National Air to me and allowing me to speak on be- it, our flag is still there. and Space Museum; perhaps many half of House Joint Resolution 33. American patriotism cannot be legislated, other Members also went. The gen- I am a strong supporter of everyone’s because the right to criticize the government is tleman from Texas (Mr. SAM JOHNSON) First Amendment rights to the free- at the very heart of what it means to be an was there, and I believe Pete Peterson, dom of speech and expression, and I American. It was dissent that brought this a former member, was there. The docu- feel a hallowed symbol like our flag de- country into being, and dissent has helped mentary was a film that took oral his- serves to be respected and protected as make us what we are today. tory from the prisoners of war who a national treasure. Madam Speaker, for these reasons, I urge were in Vietnam, particularly Hanoi We do have limits. Court-made law my colleagues to vote ‘‘no’’ on H.J. Res. 33. Hilton, and they took these oral his- restricts our freedom of speech, as lim- Mr. CANADY of Florida. Madam tories that were given to the Air Force ited by the example in lots of law Speaker, I yield 11⁄2 minutes to the gen- Academy and made them into the film, school classes of not screaming fire in tleman from North Carolina (Mr. and it traced the background of the ca- a crowded theater. That is court-made HAYES). dets, their training, these young cadets law that restricts my freedom of Mr. HAYES. Madam Speaker, I thank in the academies to their capture by speech. What we are trying to do today my colleague for yielding me this time. the North Vietnamese where they were with this amendment is by legislation I thank the gentleman from California finally put into prison and they were to say there is something on the same (Mr. CUNNINGHAM) for bringing this to tortured. level of yelling fire in a crowded the- the floor of the House. The whole depiction in this film ater unjustly. One of them is dese- To put this issue in context, I was at would bring home the point that they crating or burning the symbol of our Fort Bragg this Monday morning for had a sense of honor, and all of them country. the retirement ceremony for Sergeant together decided they would not go Those who desecrate our flag under- Major David Henderson. To see over 500 home unless the person who was most mine the powerful symbol that thou- of our finest young men and women of hurt went home first, and they would sands of Americans have died trying to

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14040 CONGRESSIONAL RECORD—HOUSE June 23, 1999 defend, as my colleague, the gentleman time in over 200 years. Those freedoms wrote, ‘‘If there is any fixed star in our from Florida, just talked about. have made this country the envy of the constitutional constellation, it is that Our flag represents the principles our world, and those freedoms have pro- no official, high or petty, can prescribe Nation was founded upon. I feel it tected us from the kinds of upheavals what is orthodox in politics, nation- should be afforded the maximum pro- over religious and political expressions alism, religion, or other matters of tection we can under legislative-made that plague other countries even today. opinion, or force citizens to confess by law, just like court-made law has pro- But freedom is not a popularity con- word or act their faith therein.’’ tected people from being unjustly test. If that were the case, we would Madam Speaker, unfortunately today stomped by leaving a crowded theater not need a Bill of Rights. Popular ex- we are poised and anxious to prescribe when someone says, but wait a minute, pression does not need protection. In what is orthodox in politics and na- I have a right to yell in a crowded the- fact, the First Amendment only comes tionalism, even when there is no dis- ater. That is my freedom of speech. into play when there is a need to pro- agreement on this subject matter, and They do not have that, just like we tect unpopular religious or political ex- even when there is no evidence that need to protect our flag using the same pression. flags are being burned in protest in any idea, but this is legislative-made pro- I would ask my colleagues to con- number sufficient to provoke an tections. sider the consequences before they amendment to our Bill of Rights. For these reasons, I am proud to be a start chipping away at the First In fact, history reflects that the only cosponsor of House Joint Resolution 33, Amendment. Some refer to this amend- time flag-burning occurs with any fre- and I urge my colleagues to join me in ment as the anti-flag-burning amend- quency is when these constitutional support of this important resolution. ment, but this amendment will not amendments are being considered. Mr. CANADY of Florida. Madam prohibit flag-burning. The truth is that Furthermore, Madam Speaker, the Speaker, I yield myself such time as I even if this amendment is adopted, proscription required under this may consume. flag-burning will still be considered the amendment is undefined. The text of Madam Speaker, I want to thank the proper way to honor the flag at cere- the resolution states that ‘‘Congress gentleman from North Carolina (Mr. monies in order to properly dispose of a shall have the power to prohibit the WATT) for his leadership in the sub- worn-out flag. physical desecration of the flag of the committee and in this debate, and the So this amendment has nothing to do United States.’’ spirit in which he has approached this with the act of burning the flag. It is This is the same language presented issue. This is an issue which stirs emo- the expression, the speech, which is the in the last Congress, and even after tions on both sides, but I believe today target of this amendment. Proponents several hearings on the subject in the we have conducted a debate which for of this amendment seek to prohibit ac- House and Senate, we have no idea of the most part focuses on the substance tivities and expressions with the flag what will constitute desecration or of what is at stake here. when they disagree with those expres- what will constitute a flag. I also want to thank the gentleman sions. That is why the term ‘‘desecra- At a hearing during the last Con- from Virginia (Mr. SCOTT) for his lead- tion’’ is used, not ‘‘burning.’’ ‘‘Desecra- gress, at least one witness supporting ership in the past on this issue. I be- tion’’ has religious connotations. the amendment agreed that the use of lieve that he conducted the debate with In other words, this amendment the flag in advertising could be consid- the same spirit when he was the rank- would give government officials the ered desecration. How many car dealers ing member during the last session of power to decide that one can burn the or political candidates using flags in the Congress. I appreciate that as well. flag if he is saying something reverent advertisements will be considered I think it is important that we ac- in a ceremony, but he is a criminal if criminals, or will it depend on their po- knowledge someone who is not here he burns the flag while saying some- litical views? today. That is the gentleman from New thing disrespectful at a protest. This is Even wearing a flag tie could be an York, Mr. Solomon, who has provided absurd, and in direct contravention offense punishable by jail under this leadership in bringing forward this with the whole purpose of the First amendment, because the Federal flag amendment during the last two Con- Amendment. code now considers the flag worn as ap- gresses. He brought a real passion to The government has no business de- parel as a violation. When is a flag a this issue which I think resulted in the ciding which political expressions are flag? Is a picture of a flag a flag? Is it success that we saw in the last two sufficiently reverent and which expres- a flag when the wrong numbers of Congresses. sions are criminal because someone im- Stars and Stripes are there before the Finally, I want to acknowledge the portant got offended. That is why the flag is destroyed? great leadership that the gentleman practical effect of this amendment will With so many unanswered questions from California (Mr. CUNNINGHAM) has be jailing of political protestors and no and unintended consequences, I would provided. He has picked up the banner one else, because those who steal flags hope that we would take a closer look from the, no pun intended, from the and destroy them, or those who pro- at this amendment before we consider former chairman of the Committee on voke riots by burning a flag, can al- passing it. Otherwise, any criminal Rules, and has provided outstanding ready be prosecuted under current law. statute enacted under this amendment leadership for this issue. We have already seen the dangers of will be inherently vague and unwork- Madam Speaker, I reserve the bal- going down the path of patriotic legis- able. ance of my time. lation when in World War II we had In conclusion, Madam Speaker, I Mr. WATT of North Carolina. Madam laws compelling schoolchildren to would urge that this body be guided by Speaker, I yield the balance of my time pledge allegiance to the flag. We got so the words of Justice Brennan when he to the gentleman from Virginia (Mr. wrapped up in our drive to compel pa- wrote: ‘‘We do not consecrate the flag SCOTT). triotism that we lost sight of the high by punishing its desecration, for in so The SPEAKER pro tempore (Mrs. ideals for which our flag stands, and doing we dilute the freedom that this EMERSON). The gentleman from Vir- passed laws that forced schoolchildren cherished emblem represents.’’ ginia (Mr. SCOTT) is recognized for 6 to salute and say a pledge to the flag, Madam Speaker, let us not betray minutes. even if such acts violated their reli- the freedom our flag represents. I Mr. SCOTT. Madam Speaker, I thank gious beliefs. would urge everyone to stand up for the gentleman for yielding time to me. Fortunately for the American people, the high ideals that the flag represents Madam Speaker, this proposed the Supreme Court put an end to that by opposing this attack on our Bill of amendment, if enacted by Congress and coercion with the landmark case of Rights. ratified, would reduce our rights of West Virginia State Board of Edu- Mr. CANADY of Florida. Madam freedom of speech and expression em- cation versus Barnett. Obviously the Speaker, I yield the balance of my time bodied in the Bill of Rights for the first majority in Barnett, Justice Jackson to the gentleman from California (Mr.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14041 CUNNINGHAM), the prime sponsor of this Court in the history of the United pressure for us to constrain rights set forth in amendment, for the purpose of closing States in 1989, by a narrow vote of one the Constitution to protect the symbol of this the general debate. vote, changed 200 years of history. nation. This vote is not a litmus test of one’s The SPEAKER pro tempore. The gen- The American people are saying that patriotism. What we are choosing today is be- tleman from California (Mr. is wrong; that we believe that this flag, tween the symbol of our country and the soul CUNNINGHAM) is recognized for 31⁄2 min- this dimension, the support of unity for of our country. utes. all the things that both sides of the When I vote today, I will vote to support and Mr. CUNNINGHAM. Madam Speaker, aisle fight for, is very important. defend the Constitution in all its majesty and I would like to thank not only the gen- b 1745 glory, recognizing that to defile or dishonor the tleman from Florida (Mr. CANADY) for flag is a great wrong; but recognizing that the I would ask, I would beg my col- his candor, but my colleagues on the defense of the Constitution, and the rights leagues to vote for this amendment. other side as well for the way they Mr. DINGELL. Madam Speaker, I rise today guaranteed under it, is the ultimate responsi- have conducted themselves on this par- to express my outrage at a deplorable and bility of every American. ticular issue. I feel they are wrong, and despicable act which disgraces the honor of I urge my colleagues to honor our flag by that is why I am offering the amend- our country—the burning of the United States honoring a greater treasure to Americans, our ment. flag. Behind the Speaker hangs our flag. It is Constitution. Vote down this bill. Mr. Pete Peterson was a good friend Mr. FRELINGHUYSEN. Madam Speaker, I the most beautiful of all flags, with colors of of mine. The gentleman from Kentucky red, white, and blue, carrying on its face the rise today to support our American Flag and (Mr. ROGERS) asked me to go to Viet- great heraldic story of 50 states descended as an original cosponsor of House Joint Reso- nam and raise the American flag for from the original 13 colonies. I love it. I revere lution 33 which will protect our most cherished the first time over Ho Chi Minh City. it. And I have proudly served it in war and national symbol. We used to call it Saigon. I refused the peace. The American Flag is probably the most gentleman from Kentucky. It was too However, today I rise in opposition to H.J. recognizable symbol in the world. Wherever it hard. Pete called me personally and Res. 33, the flag amendment, which for the stands, it represents freedom. Millions of 1 said, DUKE, I was a prisoner for 6 ⁄2 first time in over 200 years would amend our Americans who served our nation in war have years. I need you to help me raise this Bill of Rights. carried that flag into battle. They have been flag over Vietnam. Madam Speaker, throughout our history, killed or injured just for wearing it on their uni- Both of us cried because of what it millions of Americans have served under this form because it represents the most feared means, not only to us but to the people flag during wartime; some have sacrificed their power known to tyranny and that is liberty. that we buried, the people that we lives for what this flag stands for: our unity, Where there is liberty there is hope. And hope fought with, and to the people that be- our freedom, our tradition, and the glory of our extinguishes the darkness of hatred, fear and lieve from the deepest part of their country. I have proudly served under our glo- oppression. heart that this symbol should be pro- rious flag in the Army of the United States dur- America is not a perfect nation, but to the tected. ing wartime, as a private citizen, and as an world our flag represents that which is right This is not a matter of freedom of elected public official. And like many of my and to Americans it represents what Chief speech. There is free speech. There is colleagues, I treasure this flag and fully under- Justice Charles Evans Hughes referred to as nothing in this amendment that pre- stand the deep emotions it invokes. our ‘‘national unity, our national endeavor, our vents someone from speaking or writ- But while our flag may symbolize all that is national aspiration.’’ It is a remembrance of ing or doing any of the other things, great about our country, I swore an oath to past struggles in which we have persevered to but just the radical burning of the uphold the great document which defines our remain as one nation under God, indivisible, symbol that we hold dear. It is des- country. The Constitution of the United States with liberty and justice for all. Those who picable. is not as visible as is our wonderful flag, and would desecrate our flag and all it represents I had plane captains cry when their oftentimes we forget the glory and majesty of have no respect for the brave men and pilots did not come back overseas. My this magnificent document—our most funda- women for whom the ideals and honor of this plane captain, Willy White, grabbed me mental law and rule of order; the document nation were dearer than life. by the arm one day and said, Lieuten- which defines our rights, liberties; and the Madam Speaker, this bill will not make indi- ant Cunningham, Lieutenant structure of our government. Written in a few viduals who desecrate our flag love our nation Cunningham, we got our MIG today, short weeks and months in 1787, it created a and those who sacrificed to secure the free- didn’t we, because of his involvement more perfect framework for government and doms we have today. But it will give Ameri- in that team concept. unity and defined the rights of the people in cans a unified voice in decrying these rep- And we talk quite often about what this great republic. rehensible acts. we do, whether it is Kosovo, or what The principles spelled out in this document Mr. WELDON of Florida. Madam Speaker, message we give to our men and women define how an American is different from a cit- today I rise in strong support of H.J. Res. 33, under arms. Can Members imagine izen of any other nation in the world. And it is the Flag Desecration Constitutional Amend- what message we would send to our because of my firm belief in these principles— ment. men and women if this goes down, the the same principles I swore an oath to up- Our nation’s flag is a sacred symbol of our symbol that they fight for? It is more hold—that I must oppose this amendment. Be- country’s liberty that so many men and women to them than just an inanimate object. cause if this amendment is adopted, it will be in uniform have fought and died to defend. As It is very, very important. the first time in the entire history of the United the symbol of that liberty, the flag deserves, The gentleman knows that there is States that we have cut back on our liberties better yet, demands our greatest respect. Ad- not a political motive in my body on as Americans as defined in the Bill of Rights. ditionally, the flag of the United States of this particular issue. It is something I Prior to the time the Supreme Court spoke America is a symbol of the perseverance of believe deeply, from the bottom of my on this matter, and defined acts of physical American values. It is greatly disturbing that it heart, and feel emotionally about. We desecration to the flag under certain condi- is sometimes burned or otherwise desecrated have over 282 cosponsors from both tions as acts of free speech protected by the as an act of protest. It is disgraceful that some sides of the aisle on this. We expect to Constitution, I would have happily supported individuals would desecrate the flag that our have well over 300 votes on this and legislation which would protect the flag. While nation’s veterans have fought so valiantly to pass it in the Senate. It is because the I have reservations about the propriety of defend. It is also disheartening that we would American people also feel this. these decisions, the Supreme Court is, under even have to debate this issue on the floor of My colleagues talk about the Su- our great Constitution, empowered to define the House of Representatives. preme Court and their decisions. Look Constitutional rights and to assure the protec- Madam Speaker, as we draw near to the at history. Over 200 years of Supreme tion of all the rights of free citizens in the new millennium, it is important that we finally Courts have held that 48 States could United States. enact protections for our flag. I believe that rule that desecration of a flag is wrong, Today, we are forced to make a difficult de- this Congress is committed to doing every- and have penalties. Only one Supreme cision. There is regrettably enormous political thing we can to ensure the flag that signifies

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.002 H23JN9 14042 CONGRESSIONAL RECORD—HOUSE June 23, 1999 the very liberties and responsibilities that we for H.J. Res. 33, the Flag Desecration Con- in the extreme to all Americans. But as I have hold dear. stitutional Amendment. said before, it is hardly an act the threatens Mr. RILEY. Madam Speaker, I rise today in Our flag was adopted as a sign of inde- our existence as a nation. strong support of this amendment. Our flag pendence and as a national identity by the 13 Such an act, Madam Speaker, is in fact ex- represents the best qualities America has to original colonies. And though our country has actly the kind of expression our Founders in- offer—freedom, equal opportunity, and reli- changed significantly since that time, the flag tended to protect. They themselves had torn gious tolerance. Furthermore, it serves as a still represents the same ideals. down the British flag in protest. Our founders’ symbol of the blood, sweat, hard work and It symbolizes freedom, equal opportunity, re- greatest fear was of a central government so sacrifices many before us have made. We ligious tolerance and goodwill for people of the powerful that such individual protests and criti- owe so much of what we have and who we world. It has represented our nation in peace, cisms could be silenced. are to those who have fought to protect our as well as in war; and it symbolizes our na- No, Madam Speaker, we are not threatened country. tion’s presence around the world. as a nation by the desecration of our flag. It disturbs me every time I hear of attacks When I walk down the halls of our congres- Rather, our tolerance of this act reaffirms our on our Nation’s symbol of freedom. An attack sional office buildings, it strikes me that the commitment to free speech and to the su- on the flag is an attack on our heritage and flag hangs everywhere. No matter what our premacy of individual expression over govern- everything our ancestors fought for. Thou- differences—and there are many—most mem- mental power, which is the essence of our his- sands of people have lost their lives protecting bers of Congress have a flag outside their of- tory and the very essence of our values. our flag and the liberties we enjoy today. fice door. The flag unifies us in the way no Madam Speaker, this issue was addressed Madam Speaker, we should not tolerate flag other symbol does. It expresses our love for in a very eloquent and impassioned letter to desecration and I urge your support of this our country and tradition. It represents democ- the editor of the Chicago Sun-Times written by very important amendment. racy, and it expresses our respect for those one of my constituents, David Haas of Mr. HASTINGS of Florida. Madam Speaker, who died defending values that we, as Ameri- Grayslake, IL, a teacher at Waukegan High I rise today in strong opposition to House Joint cans, hold dear. School. I believe that every member of this Resolution 33. I firmly believe that passing this Because of our deep reverence for the House should read Mr. Haas’s words before bill would abandon the very values and prin- American flag, there are those who make ex- casting their vote on this measure, and I in- ciples upon which this country was founded. treme statements against the government and Make no mistake, I deplore the desecration clude it for the RECORD. its policies by desecrating the flag. Unfortu- of the flag. The flag is a symbol of our country [From the Chicago Sun-Times, June 23, 1999] and a reminder of our great heritage; and I nately, the Supreme Court has ruled this dis- FREEDOM UPINFLAMES WITH FLAG BURNING find it unfortunate that a few individuals respectful act is protected by the First Amend- LAW choose to desecrate that which we hold so ment of the Constitution. (By David Haas) dear. However, it is because of my love for Now, I have the utmost love and respect for When I fought in the Vietnam War, I never the flag and the country for which it stands our First Amendment rights—our freedom of dreamed that I would have to fight to defend that, unfortunately, I have no choice but to op- speech is the most important right we have. the Bill of Rights when I got home. But that pose this well-intentioned yet misguided legis- But we can’t allow the U.S. flag to be dese- is what I must do now because Congress is crated as a form of political expression. These just a few votes shy of amending the Con- lation. stitution to outlaw the desecration of the Our country was founded on certain prin- acts are not protected speech, they are violent and destructive conduct that should insult American flag. ciples. Chief among these principles are free- As a proud veteran, I strongly oppose this dom of speech and expression. These free- every American. amendment, and it grieves me that I must doms were included in the Bill of Rights be- The flag isn’t just another piece of cloth. Al- caution our senators and representatives not cause the Founding Fathers took deliberate lowing protesters to desecrate the flag is a to tamper with a basic freedom spelled out in steps to avoid creating a country in which indi- slap in the face to brave men and women who the Bill of Rights. viduals’ civil liberties could be abridged by the laid down their lives in the name of U.S. flag To prohibit the symbolic act of flag burn- government. Yet that is exactly what this and for all it stands. ing would be an unnecessary abridgement of Mr. PORTER. Madam Speaker, the first that freedom, an unwitting mockery of our amendment would do. It begins a dangerous most essential principles. We must not trend in which the government can decide amendment to the Constitution, the supreme law of our land, proclaims that Congress shall amend our Bill of Rights for the first time in which ideas are legal and which must be sup- our nation’s history in an attempt to force pressed. make no law abridging the freedom of speech patriotism on those who disagree with us. I believe that the true test of a nation’s com- or of the press. The principle of free speech I served my country for more than 21 mitment to freedom of expression is shown in our Constitution is an absolute, without pro- years, both on active duty and as a naval re- through its willingness to protect ideas which viso or exception. servist. I continue to serve my country as a are unpopular, such as flag desecration. As The citizens of the newly freed Colonies had teacher at Waukegan High School. My con- Supreme Court Justice Oliver Wendell Holmes lived through the tyranny of a repressive gov- tinual message to my students is that they must never give up on freedom; that their wrote in 1929, it is an imperative principle of ernment that censored the press and silenced those who would speak out to criticize it They collective voices can make a difference, and our Constitution that it protects not just free- will be heard and listened to, if only they dom for thought and expression we agree wanted to make certain no such government will speak; and that even though they may with, but ‘‘freedom for the thoughts we hate.’’ would arise in their new land of freedom. The be immigrants, minorities or poor, the Bill Ultimately, we must remember that it is not first amendment, as with all ten amendments of Rights applies to them as much as to me. the flag we honor, but rather, the principles it of the Bill of Rights, was a specific limitation My quiet patriotism comes from deep with- embodies. To restrict peoples’ means of ex- on the power of government. in, and always has taken the form of action, pression would do nothing but abandon those Throughout the 210-year history of the Con- not displays, and I do not believe that dis- principles—and to destroy these principles stitution, not one word of the Bill of Rights has plays of patriotism should be forced upon ever been altered. However, the sponsors of others. Such force never can lead to heart- would be a far greater travesty than to destroy felt, active patriotism, but only to weak and its symbol. Indeed, it would render the symbol this amendment today, for the first time in our dishonest conformity. Is this what we want? meaningless. Nation’s history, would cut back on the first It is where we are headed with this proposed As I said, I admire the well-intentioned amendment’s guarantee of freedom of expres- amendment. thoughts of those who support the flag dese- sion. I submit that only the most dangerous of Like most Americans, I am deeply offended cration amendment, however, I believe their acts of the existence of our Nation could pos- to see someone burn or trample the Stars efforts are misdirected. It is essential that we sibly be of sufficient importance to require us and Stripes. I love my country, and proudly maintain our country’s ideals including those to qualify the principle of free speech which salute the flag. But I did not serve my coun- which allow for differences of opinion, at what- lies at the bedrock of our free society. try to protect a symbol of freedom. I served to protect our freedoms. ever the cost; and I ask my colleagues to join The dangerous act that threatens America, This constitutional amendment would do me in opposing this bill that violates the ideals they claim, is the desecration of the flag in us all a grave and irreparable injustice by and principles of our country. protest or criticism of our Government. Now, chipping away at the right of free speech. Mr. BARRETT of Nebraska. Madam Speak- Mr. Speaker, desecration of the flag is abhor- Those who support the amendment intend to er, I am proud to rise today in strong support rent to me, as to anyone else. It is offensive protect the flag, but they would do so at too

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14043 great a cost: the loss of our right to dissent, flag. Many Americans are still moved when ing. During one of those shakedowns, they something the Supreme Court consistently they see the old ’40’s film ‘‘Yankee Doodle found Mike’s flag. We all knew what would has reaffirmed through the years. Dandy,’’ and James Cagney’s performance as happen. That night they came for him. Night This amendment is a clear case of good in- interrogations were always the worst. They tentions gone awry. If the flag were to be- George M. Cohan singing ‘‘It’s a Grand Old opened the cell door and pulled Mike out. We come sacred, who would monitor its use? A Flag.’’ But one of the most valid images of that could hear the beginning of the torture be- flag commission? The flag police? And what decade’s central event—World War II—is the fore they even had him in the torture cell. would the act of desecration entail—putting raising of the American flag on Mt. Suribachi The beat him most of the night. About day- flag in paintings or clothes, or flying the flag by U.S. Marines. light they pushed what was left of him back upside down? Astronaut Neil Armstrong thrilled a nation through the cell door. He was badly broken. The flag is not a sacred object. To regard when he planted the flag on the moon in Even his voice was gone. it as such would be an affront to all religious Within two weeks, despite the danger, people. Ultimately, we must be able to real- 1969. Eleven years later in Lake Placid, New York, a proud goalie wrapped himself in the Mike scrounged another piece of cloth and ize that when a flag goes up in smoke, only began making another flag. The Stars and cloth is burned. The freedom that flag sym- flag after the U.S. hockey team upset the once Stripes, our national symbol, was worth the bolizes can only glow brighter from such an invincible Russians at the Winter Olympics. sacrifice for him. Now, whenever I see the event. Our principles will continue to thrive A few years ago, the Phoenix Art Museum flag, I think of Mike and the morning he in the heart. exhibited ‘‘Old Glory: the American Flag in first waved that tattered emblem of a na- Mr. STUMP. Madam Speaker, I rise in Contemporary Art,’’ a display veterans and tion. It was then, thousands of miles from strong support of this resolution to protect the most Americans found offensive. One of these home in a lonely prison cell, that he showed American flag. ‘‘works of art’’ was the American flag used as us what it is to be truly free. This resolution does nothing to infringe upon a doormat. This was to much for 11-year-old Such contemporary stories convince me the First Amendment’s protection of free Fabian Montoya, who picked the doormat up that Americans have not lost their love for speech. and handed it too his father. the flag, and never will. They convince me Speech is supposed to communicate some- ‘‘I don’t want anyone stepping on it,’’ he that the overwhelming majority of patriotic Americans support our Constitutional thing. said. When a protester burns a flag in public, he amendment to protect the flag, the symbol But my favorite is the story of Mike Chris- of our national unity. They convince me that knows he’s doing it to insult and provoke, not tian, a naval aviator held captive in the ‘‘Hanoi the same majority recognizes flag desecra- to communicate. Hilton’’ during the Vietnam War. It’s a story tion to be a physical act of contempt, not a Citizens of this great Nation enjoy more told best by Leo K. Thorsness, a Congres- protected exercise in free speech. A nation rights than any other on Earth. sional Medal of Honor winner whose con- with confidence in its own institutions and But no right is absolute. densed speech was published a year ago in values will not hesitate to say, ‘‘this you Every society has an obligation to set stand- John McCaslin’s ‘‘Inside the Beltway’’ column shall not do.’’ Flag Day is dedicated to heroes and patri- ards of conduct. in the Washington Times. It’s worth quoting in I support this resolution because it allows ots like Fabian Montoya and Mike Christian. full. standards to be put in place while protecting Like them, we should recall the things the our rights as individual Americans. You’ve probably seen the bumper sticker flag represents. If we continue to do that on somewhere along the road. It depicts an It merely grants Congress the ability to pro- Flag Day and every other day, ‘‘Long may American flag, accompanied by the words she wave’’ will never be a mere slogan. It tect our Nation’s most cherished symbol—the ‘‘These colors don’t run.’’ I’m always glad to will be a prayer etched in the hearts of every American flag. see this because it reminds me of an incident American and every lover of freedom. The gentleman from Illinois is once again from my confinement in North Vietnam at And stitched into the very fabric of the bringing legislation to the House floor based the Hoa Lo POW Camp, or the ‘‘Hanoi Hil- United States Flag. ton,’’ as it became known. upon conviction and heartfelt sincerity. Mr. MURTHA. Madam Speaker, I’m proud Many American patriots have suffered and Then a major in the U.S. Air Force, I had to have joined with Congressman CUNNINGHAM died to protect the flag. been captured and imprisoned from 1967 to As a fellow combat veteran of World War II, 1973. Our treatment was frequently brutal. in leading the effort in the 106th Congressman I commend his efforts and urge all my col- After three years, however, the beatings and to pass a Constitutional amendment to protect torture became less frequent. During the last leagues to support the resolution. the American Flag from desecration. year, we were allowed outside most days for Our Flag is the symbol of our great nation— Every society, especially one changing as a couple of minutes to bathe. We showered rapidly as ours, has to have some common of who we are and how we got here. It is the by drawing water from a concrete tank with symbol of hard-won freedom, democracy and bond, some symbol of unity. There’s some- a homemade bucket. thing about the human heart that demands One day, as we all stood by the tank, individual rights. It is the symbol of our patriot- such symbols for its affections. stripped of our clothes, a young naval pilot ism. It is the symbol that binds us together in For Americans, that symbol has always named Mike Christian found the remnants of our hearts and inspires us to strive to protect been ‘‘Old Glory,’’ perhaps the most recogniz- a handkerchief in a gutter that ran under and preserve this land, this country and each able national flag in the world. I don’t think any the prison wall. Mike managed to sneak the other. It is an enduring symbol that unites gen- grimy rag into our cell and began fashioning erations. It is the embodiment of our struggles other flag, or object of any kind, triggers such it into a flag. Over time, we all loaned him immediate associations as the Stars and of the past, our strength in the present and a little soap, and he spent days cleaning the our hopes for the future. It is the symbol of Stripes. No other nation, to my knowledge material. We helped by scrounging and steal- honors its flag with a holiday as we do on Flag ing bits and pieces of anything he could use. freedom. Day, June 14. At night, under his mosquito net, Mike Each of us associates a memory with our No mere abstraction like ‘‘freedom’’ or worked on the flag. He made red and blue flag. We solemnly pledge allegiance to it as ‘‘rights’’ or ‘‘pursuit of happiness’’ can possibly from ground-up roof tiles and tiny amounts children with our hands on our hearts. It took have the same effect. People need something of ink and painted the colors onto the cloth our breath away to watch the astronauts place they can see or touch or feel. They need with watery rice glue. Using thread from his it on the moon. It flies proudly over the doors own blanket and a homemade bamboo nee- of our homes, the rooftops of our workplaces, something real. The U.S. flag has been a dle, he sewed on the stars. heartfelt reality since it received its first salute Early in the morning a few days later, and in our parades on Memorial Day and the when Captain John Paul Jones sailed into a when the guards were not alert, he whispered Fourth of July. It has given many Veterans the French harbor. loudly from the back of our cell, ‘‘Hey gang, will to persevere in conflicts against oppres- The same emotion that inspired Francis look here!’’ He proudly held up this tattered sion around the world. Scott Key one war later to compose the na- piece of cloth, waving it, as if in a breeze. If An American pilot was recently shot down in tional anthem has inspired generations of you used your imagination, you could tell it Yugoslavia and spent time hiding in hostile Americans. The sight of the U.S. flag has in- was supposed to be an American flag. When territory to avoid capture. After he was res- he raised that smudgy fabric, we automati- cued, he was asked what he kept his thoughts spired tears of joy from Rome to Paris to Ma- cally stood straight and saluted, our chests nila to Kuwait City, and every other city Amer- puffing out, and more than a few eyes had focused on during hiding. His answer: the ican troops have liberated. tears. American Flag. From that day to this, our history and public About once a week the guards would strip The debate over this amendment is a de- life have been filled with sincere love for the us, run us outside and go through our cloth- bate about the sanctity of America’s ideals

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\BR99\H23JN9.002 H23JN9 14044 CONGRESSIONAL RECORD—HOUSE June 23, 1999 and of the sacrifices made by countless mil- uary 6, 1999, and under a previous order freedom of religion, not freedom from lions of fellow citizens for this country to be- of the House, the following Members religion; and there is a big, big dif- come and remain free and strong and united will be recognized for 5 minutes each. ference. under one Flag. It is not a debate about free f In 1952, our U.S. Supreme Court said speech. Burning and destruction of the flag is there is ‘‘no constitutional require- RESTORE PRAYER AND BIBLE not speech. It is an act. However, it does in- ment which makes it necessary for READING TO THE SCHOOLS flict insult—insult that strikes at the very core government to be hostile to religion of who we are as Americans and why so The SPEAKER pro tempore. Under a and throw its weight against efforts to many of us fought—and many died—for this previous order of the House, the gen- widen the effective scope of religious country. And many a lesser insult is not wholly tleman from Tennessee (Mr. DUNCAN) is influence.’’ Let me repeat that. The protected under the First Amendment—we recognized for 5 minutes. U.S. Supreme Court, in 1952, in Zorach have laws against libel, slander, copyright in- Mr. DUNCAN. Madam Speaker, one v. Clauson said there is ‘‘no constitu- fringement, and ‘‘fighting words’’ which pass of my constituents, Ernest Chase, of tional requirement which makes it muster under the First Amendment test. Englewood, Tennessee, has just sent necessary for government to be hostile We should hold our Flag sacred in our Con- me a cartoon showing two students to religion and throw its weight stitution. It is the symbol of what we are, who standing outside of Columbine High against efforts to widen the effective we are, and all we have been through and School. scope of religious influence.’’ Yet, this fought against to get where we are together The drawing shows a young girl say- is exactly what government has done as a strong, free and united nation. I urge my ing, ‘‘Why didn’t God stop the shoot- over the last 35 or 40 years. Colleagues to support this Constitutional ing?’’ A young boy then replies, ‘‘How William Raspberry, the great col- amendment today. could he? He’s not allowed in school umnist of the Washington Post, wrote The SPEAKER pro tempore (Mrs. anymore.’’ a few years ago, ‘‘Is it not just possible EMERSON). All time for debate has ex- I know that God is everywhere and that anti-religious bias, masquerading pired. omnipresent. So I realize the cartoon is as religious neutrality, has cost us far Pursuant to the order of the House, not theologically correct. However, it more than we have been willing to ac- further consideration of the joint reso- does make a very important point. knowledge?’’ lution will be postponed until the fol- I know that this Congress will not That is such a good question. Let me lowing legislative day. put prayer and Bible reading back in repeat it. William Raspberry said, ‘‘Is the schools, but I believe we should. it not just possible that anti-religious f The problems of our children and our bias, masquerading as religious neu- APPOINTMENT AS MEMBERS TO schools have grown much worse since trality, has cost us far more than we INTERNATIONAL FINANCIAL IN- we took prayer and Bible reading out. have been willing to acknowledge?’’ STITUTION ADVISORY COMMIS- I know that when we had prayer and He then told of something that Den- SION Bible reading in the schools, most kids nis Prager, a Jewish talk show host, The SPEAKER pro tempore. Without did not pay attention and were prob- once said on one of his shows. He said, objection, and pursuant to 22 U.S.C. ably thinking about other things. But ‘‘if you were walking down the street 262r, the Chair announces the Speak- one could never know which young peo- of one of our Nation’s largest cities er’s appointment of the following Mem- ple had come to school hurting that late one night, in a high crime area, bers on the part of the House to the morning, due to a family squabble, a and you heard footsteps approaching International Financial Institution Ad- health problem, loss of a loved one, or rapidly from behind, and you turned visory Commission: something else. and saw four well-built young men One could never know when a student Mr. CAMPBELL of California, coming toward you, would you not feel Mr. Allan H. Meltzer of Pennsyl- who was hurting inside might be com- relieved to learn that these young men vania. forted or helped, even if in a small way, were coming home from a Bible study.’’ There was no objection. by some prayer or some Bible verse. Today, most public high schools be- I know that some people say that lieve they cannot even allow non- f prayer and Bible reading are the re- denominational prayers at high school ANNUAL REPORT OF THE NU- sponsibilities of the family and the graduations. CLEAR REGULATORY COMMIS- home, and I agree with that. But I also We have come too far down the SION—MESSAGE FROM THE think it is a responsibility of the wrong road, and we need to do better, PRESIDENT OF THE UNITED schools and society to teach and en- much better for the sake of our chil- STATES courage good morals and values and dren. Prayer and Bible reading helped ethics. As a popular phrase today says, many children and never hurt anyone. The SPEAKER pro tempore laid be- character counts, and this should be It sent a message, even to young people fore the House the following message taught in the schools. who may not have been helped at the from the President of the United George Washington once said, ‘‘You time, that there was a higher power to States; which was read and, together cannot have good government without turn to when times got tough, as they with the accompanying papers, without morality. You cannot have morality do for all of us. objection, referred to the Committee without religion; and you cannot have To those who say we should not try on Commerce: religion without God.’’ to impose morality on others, listen to To the Congress of the United States: We open up every session of this the words of Judge Robert Bork in his As required by section 307(c) of the House and the Senate with prayer, and book ‘‘Slouching Towards Gomorrah’’: Energy Reorganization Act of 1974 (42 this has never been a problem. We have ‘‘Modern liberals try to frighten Amer- U.S.C. 5877(c)), I transmit herewith the Catholic Priests, Protestant Ministers, icans by saying that religious conserv- Annual Report of the United States Jewish Rabbis, and others lead us in atives ‘want to impose their morality Nuclear Regulatory Commission, which prayer, and I do not think there has on others.’ That is palpable foolishness. covers activities that occurred in fiscal ever been a complaint. But we do not All participants in politics want to ‘im- year 1997. allow our schools to have the same pose’ on others as much of their moral- WILLIAM J. CLINTON. privilege. ity as possible, and no group is more THE WHITE HOUSE, June 23, 1999. Some people say or think we cannot insistent than liberals.’’ f have prayer in public schools because If we do not instill good morals and one cannot mix church and State. Well, values and ethics of the Bible, then we SPECIAL ORDERS these words and even this idea are not will, by default, be teaching the bad The SPEAKER pro tempore. Under mentioned in the Constitution. Our morals found in our modern day ob- the Speaker’s announced policy of Jan- Founding Fathers came here to get scene and violent movies, video games,

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14045 the Internet, and in Godless class- encouraging local control, which could Let us give the right incentive. Let rooms. make an incredible difference in our us tell them that we will drive more We need to restore prayer and Bible education system. dollars out to the degree to which they reading to the schools of this Nation. It So, yes, the Federal Government are improving the academic achieve- certainly would not solve all of our should support public education, but ment of their students. problems, but it would help. we should stop driving dollars out the Another good idea that I have seen is f way we are driving them out now, one that was introduced by the gen- which is basically in a blizzard of pro- tleman from Florida (Mr. DAVIS) and EDUCATION grams, some 300 or 400. I have actually the gentleman from Indiana (Mr. ROE- The SPEAKER pro tempore. Under a tried to count them over the course of MER) on alternative certification of previous order of the House, the gen- the last 6 months and still have not teachers. In addition to encouraging tleman from Washington (Mr. SMITH) is quite tracked them all down. local control and higher standards and recognized for 5 minutes. They are designed totally along the accountability, we also need to make Mr. SMITH of Washington. Madam lines of process. If one meets certain sure that we have the level-best teach- Speaker, I rise today to talk about the standards, one gets a certain amount of ers out there and as many of them as subject that is I think most on the money. Basically, we have turned our we need. minds of my constituents and most of school district personnel in this coun- The idea of setting up alternative the constituents throughout our country into people who are more inter- certification procedures so that profes- try, and that is the subject of edu- ested and spend more of their time, I sionals who may have worked in a vari- cation. It is definitely the building am sorry, they are not more interested, ety of different fields who now want to block for the future; and as we head to- they are forced to spend more of their get into teaching can without nec- wards a more and more complicated fu- time justifying their existence to the essarily having to go through the nor- ture with more and more rapid change, federal bureaucracy than they are mal certification process. that education basically life-long edu- spending time educating our children. If we have somebody who has been a cation is going to be critical to the Why do they do that? Because they professional physicist for a number of prosperity of our country and certainly have to get the money. They have to years, it does not make sense to say to of our people. fill out a variety of grants and a vari- them they somehow cannot teach phys- We seem to have an unfortunate ety of programs to prove that they de- ics. Let us take advantage of that choice that is laid out before us if we serve the money in the first place, and brain power we have out there to help are watching public policy makers on then prove that they are spending it our students. education; and that choice is, either exactly how we told them to in the sec- But the biggest point I want to make bash public education or blindly sup- ond place. today is one does not have to simply port it. I am here to say that I do not All of this takes away time from the blindly support education. Support it, think that is the choice that is put be- classroom. I believe that it would make but expect results. fore us, and I would urge public policy a good deal more sense to drive those f makers to find a middle ground. dollars out far more narrowly and to Basically, support for public edu- drive them out based on standards and EDUCATION cation makes a great deal of sense. It based on actual accountability and ac- The SPEAKER pro tempore. Under a has educated somewhere around 90 per- complishments. Instead of just driving previous order of the House, the gen- cent of the population. I personally money out based on whether or not tleman from New York (Mr. FOSSELLA) benefited from it, as have millions of they filled out a grant form properly, is recognized for 5 minutes. others. It has done a wonderful job of we should take a look at it and say, let Mr. FOSSELLA. Madam Speaker, I educating our children. It is one of the us set a measurable standard for the think the previous speaker, I think better things we did in the 20th cen- school district. Let them set the stand- millions of Americans agree that, tury. But just because we support it ard. It does not have to be driven down among the most important priorities does not mean that we should do so from the national government. Then for any family, particularly young fam- blindly or that we should never ask for measure them against their own stand- ily, is their child’s education. Along reforms or never ask for it to be held ard in the future and reward improve- those lines, I believe that the essence accountable or to improve or for stand- ment. Reward people who are account- of this country is about freedom. How- ards to be set. able and are moving forward in edu- ever, it seems that too often when it I worry that, given that false choice cation instead of just those who fill out comes to education, there is no such between supporting and bashing public the proper grant form. thing as freedom. education, that we will miss out on I think this would help in two re- that opportunity to reform it and set gards. One, it would give the right in- b 1800 the standards that we should set. That centives to school district to work to- There are many, many families is why I as a member of the New Demo- wards improving achievement for their across America who have no choice cratic Coalition, a group of moderate students as opposed to work toward when it comes to selecting a school for Democrats. We are searching for that meeting some requirement that has their child. In fact, the controls dictate middle ground to try to find an area been set by the Federal Government. that they send the child to the school where, yes, we can support public edu- I will give one example of that. In my that has been zoned for them. cation, but we can also set the stand- home State, for a while, we drove the Now, frankly, I think ultimately ards and make the changes we need to money out for special ed based on how what we need to do is to ensure that improve it. many special ed students there were, every parent across this country, re- It makes a great deal of sense to say period. There was no ceiling on it. So gardless of income, because regrettably that we should spend money on school slowly but surely we saw the creeping it is the low- and middle-income fami- construction and to reduce class sizes, increase in the number of special ed lies that suffer the most, that regard- and I think we should. I think it is students in school districts, not be- less of income those parents have the wrong to run away from a Federal obli- cause there were more coming in, but ability, the opportunity, and the free- gation to help public education. because the school districts knew, if dom to choose the best school possible But it is equally wrong to continue they could qualify more as special ed, for their child. I do not think there is the current Federal role in public edu- they would get more money. a more important decision that a par- cation in the manner that we have set Did this do anything to improve the ent can make, yet in making that deci- it up. That manner is totally bureau- quality of education? No, but that was sion too many are deprived. cratic and process oriented and not re- the incentive that we gave the school Along those lines we can also take sults oriented and not oriented towards district. steps to get to that point. Recently,

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14046 CONGRESSIONAL RECORD—HOUSE June 23, 1999 the Republican Party has introduced our children correctly, if we believe resort to a petition process, what we legislation that will take us down the that there should be as many strings call a discharge petition, that many of path to true freedom when it comes to attached to the decision-making at the us signed. Today we started the proc- education. The notion that we can take local level, if we believe that folks in ess, this morning, and I believe now billions of dollars out of Washington Washington know best what is going on there are 167 Members, Democratic and send it back home, whether Staten in Staten Island or Kansas or Texas or Members, who have signed a discharge Island or Brooklyn, where I am from, Alaska, if we believe that, then we petition at this desk over here near the or anywhere else across America, I probably do not support this legisla- well, because we have not been able to think is common sense to the ordinary tion and we do not support initiatives get the Republican leadership, which is American. Because the average, ordi- to move to the path of freedom when it in charge of the House of Representa- nary American says, I think that my comes to education. tives, to have a hearing or have a com- community, with the teachers and the Madam Speaker, the next several mittee markup or bring to the floor the principals and the administrators and months will underscore, I believe, this Patients’ Bill of Rights. the local PTAs, if given that money, Congress’ desire to improve education That is an extraordinary procedure, would be in a better position to deter- and raise academic standards. I would to move to the discharge petition. It is mine what is best for their children. only hope all Members would support something that the minority usually is Perhaps it would be smaller class- this legislation. not required to do because the major- rooms, perhaps more money dedicated f ity party allows debate, or should to math and science. It could be a COMMUNICATION FROM THE HON- allow debate, on issues that are of im- range of issues. It could be more money portance to the average American. But dedicated to arts. ORABLE RICHARD A. GEPHARDT, DEMOCRATIC LEADER in this case, once again, I would sug- But, sadly, the model that has been gest that the reason is because the Re- created over the last number of years The Speaker pro tempore laid before publican leadership is so dependent on is let us send billions to Washington the House the following communica- the insurance industry and so deter- with strings attached, with endless tion from the Honorable RICHARD A. mined to carry out the will of the in- reams of red tape and bureaucracies GEPHARDT, Democratic Leader: surance industry that they have been that make it almost unreasonable to CONGRESS OF THE UNITED STATES, unwilling to let the Patients’ Bill of deliver quality education to the folks HOUSE OF REPRESENTATIVES, Washington, DC, June 18, 1999. Rights be considered in committee or back home. come to the floor. So that is why I think when we pro- Hon. J. DENNIS HASTERT, vide flexibility and reduce the amount Speaker of the House of Representatives, In fact, what we saw last year in the Washington, DC. of red tape and send that money back House and what we are seeing again DEAR MR. SPEAKER: Pursuant to Section home to the communities that need the this year in the House is essentially a 591(a)(2) of the Foreign Operations, Export three-pronged strategy by the Repub- money and to the classrooms where Financing, and Related Programs Appropria- that money belongs we are doing the tions Act, 1999 (112 STAT. 2681–210), I hereby lican leadership to deny a full debate right thing for America and for the appoint to the National Commission on Ter- and vote on the Patients’ Bill of families and the children across Amer- rorism: Honorable Jane Harman of Torrance, Rights. ica. And at the same time we should California and Mr. Salam Al-Marayati of First of all, they simply delay for 6 demand appropriate accountability Shadow Hills, California. months, since January, by not allowing from school districts that too often are Yours Very Truly, the bill to be heard in committee or unaccountable to anybody. RICHARD A. GEPHARDT. marked up in the committee. And then, So I think we have to move down this f when that seems to fail because the path of getting funds away from Wash- pressure gets too strong that they have PATIENTS’ BILL OF RIGHTS ington. Because this money does not to do something, they come forward just fall out of the trees. The reality is The SPEAKER pro tempore (Mrs. with what I call a piecemeal approach. that people get up every morning and EMERSON). Under the Speaker’s an- Just the other day, about a week ago, go to work and at the end of the week, nounced policy of January 6, 1999, the in the Committee on Education and the or every 2 weeks, out of that paycheck gentleman from New Jersey (Mr. Workforce, one member of the Repub- goes money to Washington. And that PALLONE) is recognized for 60 minutes lican leadership brought eight indi- money stays here. But we want to send as the designee of the minority leader. vidual bills that were purported to deal that money back home to where Amer- Mr. PALLONE. Madam Speaker, let with the need for HMO or managed icans really are. me say that this evening my plan is to care reform. But those were individ- I hope everyone will listen to the de- discuss the Democrats’ Patients’ Bill of ually bills or collectively bills that did bate in the next few months. It could Rights. not add up to much in terms of ade- even go on for a year, because there are I think many of my colleagues know quate protections for patients in a lot of defenders of the status quo that within the Democratic party we HMOs. And I would say that, once here. There are a lot of defenders of the have, for several years now, high- again, this piecemeal approach is a way status quo who believe in their heart lighted and prioritized HMO reform as to avoid having the comprehensive bill, that taxpayer money is better spent one of the major issues that we would the Patients’ Bill of Rights, heard. here in Washington by people who will like to see addressed in the House of never set foot in the communities of Representatives, and our answer to the In fact, when the ranking member, those taxpayers. They believe they need for managed care/HMO reform is a the senior Democrat on the Sub- know what is best for all America’s bill called the Patients’ Bill of Rights. committee on Postsecondary Edu- children and all America’s families. And we call it the Patients’ Bill of cation, Training and Life-Long Learn- And I just throw that out there; that Rights essentially because it is a coming, that sought to bring up the Pa- if we believe that wherever we are in prehensive way to provide protections tients’ Bill of Rights, he was essen- America, that our local school districts to patients against some of the abuses tially gaveled down and told that he and our local communities and schools that we have seen within managed care was out of order in trying to raise the are in the best position and the best and within HMOs. Patients’ Bill of Rights in committee. able to determine what is best for their The reason I am here tonight, Madam And what happened today, my under- children, then we should support com- Speaker, is because I want to highlight standing is, that even some of the Re- mon sense legislation like Straight A’s: the fact that once again in this session publicans on the committee, who are demands accountability and sends the of Congress, and just like the last ses- not in the leadership and basically did money back home. However, if we do sion of Congress, Democratic Members, not support the Republican leadership, not believe the status quo is serving including myself, have been forced to threatened if they were not allowed to

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14047 bring more comprehensive patient re- gress has, frankly, not been able to get the Congress, has not had a hearing on form or HMO reform to the full Com- its act together and to, in fact, present the Patients’ Bill of Rights but now mittee on Education and the Work- a rational health care policy. again is sort of taking this piecemeal force, that they would basically sup- I think as the changes have occurred approach and looking at little pieces of port the Democrats and ask that the very rapidly in the health care pro- this. But I would say that the issue of Patients’ Bill of Rights or a more com- grams and in the insurance benefits holding managed care companies re- prehensive approach be brought up. that are extended to our working fami- sponsible for denial of care with a real, They essentially defied the Republican lies, clearly it means that in many in- reliable, and enforceable appeal and leadership. stances consumers really do not have a remedy is an important issue. It is nice to know that there are place at the table when the HMO or One of the things that came up was some Republicans here that are willing health care decisions are made that af- we had testimony from someone who to defy the leadership over this very fect their families and their lives. was involved in the Texas law, and important issue of HMO reform. But, And of course, as we know, increas- Texas has a very good law on the books unfortunately, the leadership is still in ingly health care professionals, includ- that incorporates a lot of the patient charge and they simply postponed the ing medical doctors, do not have a protections that we have in the Pa- markup on those HMO reform bills. place at that table. So I think the pri- tients’ Bill of Rights, but one of the Now, the next step is, because we are mary effort here is to try to build a points that she made was exactly what signing this discharge petition, because policy in which there is a voice for con- the gentleman from Minnesota (Mr. so many of us will eventually sign this sumers, that there is a voice for health VENTO) made, which is that this is discharge petition, the next step in the care professionals, along with those great for Texas but the majority of effort to stifle managed care reform that are trying to obviously make Texans do not take advantage or can- was what we saw last year in the Re- health care efficient in terms of saving not because of the ERISA Federal pre- publican Congress, which is they then dollars and providing a benefit to serv- emption that we have as a matter of bring up a bill which is so loaded down ice. Federal law. with nongermane issues, like medical That is the ultimate goal. But we One of the things that was stressed malpractice, medical savings accounts, must act here because of the nature of was that when Texas imposed an inde- health marts, that it obscures the basic interstate laws. And Congress is reluc- pendent external review process, if patient protection legislation and tant to do that. Today I signed the dis- they had been denied a particular causes such mucking up of HMO reform charge petition. I was number 65. I treatment, one of the Federal courts that the bill ultimately dies of its own think the gentleman from New Jersey has recently actually ruled that Texas accord. was probably before me in that num- did not have the power to do that at all So I do not know what the Repub- ber. I think we have maybe 100 signa- because of the ERISA Federal preemp- licans are going to do this year, but tures, and if we can accomplish the tion. So it just, once again, brings from what I can see they are simply goal of getting 218 signatures, then home the fact of why we need action on stalling, refusing to bring up the Pa- notwithstanding the fact that the ma- the Federal level. tients’ Bill of Rights, and we are all, jority, the leadership in this House, has The other thing that I thought was Democrats and friendly Republicans, not saw fit to schedule this bill for the interesting was that I thought it was going to have to keep pushing and floor, not even permitted votes on it to sort of painfully obvious at this hear- pushing with our discharge petition. date in the committees of our House, ing that there were several Republican I would like to yield now to a mem- then we, in fact, could bring that im- Members who really supported a com- ber of the Committee on Education and portant priority that the American prehensive approach and essentially the Workforce, the gentleman from people have and that American fami- agreed with all the Democrats that Minnesota (Mr. VENTO). lies need to the House floor and act on this is what we should be doing, yet it Mr. VENTO. Madam Speaker, I thank that policy. was very obvious that the Republican the gentleman from New Jersey (Mr. I know our counterparts in the Sen- leadership had no intention of doing PALLONE) for yielding, and I wanted to ate, the Senate Democrats, are experi- that. agree with him and reemphasize some encing the same problems; that it is So again, there are some Members of the points that he has made. being frustrated in terms of deliberate that will join us on the other side and, Just a very simple one, and a point consideration. I think this system that hopefully, will sign our petition so we that I think is very important with re- we have is somewhat cumbersome and get to the 218. But so far, the Repub- gard to HMO reform, and that is that somewhat difficult, but it is the only lican leadership has slammed the door only the Congress, only the National recourse that we have based on the pol- and said, there is no way we are going Government can make the types of icy that is being enunciated in terms of to consider this Patients’ Bill of changes that need to be made with re- trying to prevent these matters from Rights, and that is very unfortunate gard to HMO reform in this instance being voted upon on the floor. and what we have to keep fighting for. because of the nature of our laws in So I hope we can get the type of bi- I want to just briefly, if I could, men- terms of interstate businesses and partisan support that is necessary to tion some of the key things that we are HMO involvement and insurance. bring this important matter to the fighting for in the Patients’ Bill of Our State lawmakers cannot modify floor, and I commend the gentleman Rights. And then maybe I will yield to the conditions that are placed and the for his efforts in terms of voicing these one of my colleagues that are here requirements imposed in terms of those concerns tonight on the floor and to joining me this evening. HMO agreements. They must fun- the public. The two most important things that damentally be made by the United I would say, one is this whole issue of States Congress. The States alone can- b 1815 providing for real enforceability. What not do this. So it is not a repeat or a Mr. PALLONE. Mr. Speaker, I want happens now with many HMOs is that reiteration of what States have done. to thank the gentleman. If I could just if they deny them care or particular Now, I think that along the way, follow up on a couple of things that he treatment, the only review or appeal many HMOs have, in fact, extended said. they have is an internal one within the some of the benefits and some of the We had today in the Committee on HMO. And of course, they, being very reforms on a single and a voluntary Commerce a subcommittee hearing on prejudiced in most cases, will simply basis, and I commend them for that. the question of independent and exter- deny the appeal. But I think all too often this becomes nal review, which again I was some- What we are saying is that there has a patchwork quilt of policy which does what critical of the fact that the Com- to be an independent external appeal not have any symmetry, and it is nec- mittee on Commerce, which has the outside the HMO; and, in addition to essary for Congress to act. And Con- major jurisdiction over health care in that, there has to be ultimately the

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14048 CONGRESSIONAL RECORD—HOUSE June 23, 1999 right to sue the HMO, which does not their State framework strong patient The hearing that my colleague and I exist today under the Federal preemp- protection rights and has seen clearly attended today on the importance of a tion. That is one of the most important that when they do this it does not strong appeals process, that was a good aspects of the Patients’ Bill of Rights. make the cost of health care sky- hearing. But again, it is time to move The other one that is linked to that rocket. It really does not do that. it here to the floor where we can take is the definition of ‘‘medical neces- So it is wonderful to have the exam- some action on this. sity.’’ Right now the insurance com- ples of communities and entities and Our country’s health care system has pany decides what is medically nec- States even where strong steps are tak- changed from fee-for-service to man- essary; and if they define that and all ing place. But for us to speak on behalf aged care by and large. We have seen a that happens once they are denied care of all of the citizens of this country, we revolution in health care, and we need or treatment is that that is reviewed, need to do it here in this body, and I to address the attendant issues which their own definition of what is medi- am pleased that we can do that. have gotten out of control. We do not cally necessary, then, even if they have Now a year has gone by. I was first want patients to have their medical a good independent appeal or the right running for office a year and a half ago needs denied because some third-party to sue, it will not necessarily help as a nurse, as a school nurse, in my person is following a form here that them because they are using their defi- community for 20 years. The strongest has nothing to do with their own indi- nition. stories that were told to me were told vidual needs, and that is what we are What we say in the Patients’ Bill of to me by patients who were so frus- talking about. Rights is that the decision about what trated with their managed care, we The patient that I am thinking of is medically necessary, what kinds of have had managed care in California right now is a mother really with a care they should receive should be for a long time, and the flaws in it. very young child who came to me des- made by the physician and the patient That was good. That happened in the perate with the situation that had hap- based on standard norms within the beginning when the cost of health care, pened to her, gave birth to twins, al- medical community for that particular which had skyrocketed, was brought ready had a child. So the household specialty or whatever it happens to be down. But then the excesses began to was full. One of the twins was born and not by the insurance company. show themselves and so many citizens, with many critical health problems. Those are the two key aspects that are also patients, came up to me and They discharged the little baby to this not included in any of these eight talked to me about their stories, real newly delivered mother and denied the piecemeal bills that are being cir- horror stories, of what had happened to request for skilled nursing care in the culated by the Republicans in the them, many of them quietly. They home. It was an awful situation, just an House or the legislation that the Re- never really told anyone before. But we awful situation. By the time they were publicans are bringing up in the Sen- reached out to them. I believe that the Patients’ Bill of able to seek redress and seek remedy ate. Neither of those key points are in- Rights gives voice to many of these for this, so much damage had been cluded. concerns, the frustration about not done to that young baby. And here was Mr. Speaker, I yield to the gentle- being able to choose their own doctor, this household stressed to the limit woman from California (Mrs. CAPPS), having any say in what choices they with what was placed upon them, en- who has a background as a nurse and have for health care; the gag rules that tirely inappropriate. The doctor rec- who has been on the floor many times prevent a health care provider from ommended skilled nursing care in the talking about this issue in very real telling them all the options, whether home, and it was denied by the man- terms because of her own experience. or not their insurance covers it; access aged care company. Mrs. CAPPS. Mr. Speaker, I thank to specialties, to second opinions, to Now, this is exactly where we want my colleague from New Jersey (Mr. emergency room treatments. this external appeal situation to be in PALLONE) for organizing this time for These seem common sense to me, place, but also the ability to seek re- us to speak together. something that we should not really dress when grievances are incurred. It has been a day on behalf of pa- have to legislate about. But, unfortu- This was during the campaign, and I tients, I believe, here in the Congress, nately, we do because of these excesses made a pledge to this young family and that feels good to me as a nurse that have come to bear. that I would work as diligently as I that we are finally now speaking clear- The bottom line, as my colleague has can. And I am. And I know that there ly. What we need to do now is move pointed out, the bottom line has to do is a commitment on the part of so this discussion from a march onto the with who is making the important life- many of us to do this, because we do floor by many Members who seek to saving health and medical decisions, have people’s faces in our hearts as we have it be placed on the agenda. We who do we trust our lives with, the are doing this. This is not some theory need to move it from the hearing room. lives of our loved ones with? Do we that we are trying to expound. We are We need to move it right to the delib- want it to be a bureaucrat who is an talking about real-life situations, and eration stage. accountant, may be a whiz at being an we need to do it now. The longer we It is fine for us to talk here, and I am accountant, or do we want to take ad- wait, the more hardships our country is glad we can have a chance to do that vantage of someone’s highly skilled faced with and the harder it is to really and maybe summarize some of the training and dedication, someone we address some situations that have got- things that have been going on and can look in the eye and can also look ten so far out of control. some points that my colleague has at our bodies and understand what So I believe my message is to the been making. And it is wonderful to see health conditions we are talking leadership of this House that we need a colleague from Illinois here, as well, about? So many of these decisions now to pay attention to our constituents ready to speak. Because this is not a are made without even access to the and come together. We can talk about situation particular to one part of the patient’s records let alone meeting Republican bills. We can talk about country. I am from California, and it with the patient. Democrat bills. This is really not a involves me personally and directly The second bottom line is who is partisan issue. We should be able to with all of my constituents. It address- going to be accountable when grave demonstrate to the American people es all of us. mistakes are made? And again, I hark who send us here that we can enact This is a national crisis now. This is the situation we heard about in our common sense, patient first legislation an issue that needs to be addressed hearing today, when accountability is that really speaks to the needs of our across this country and, for that rea- put into a protection clause in the constituents and really addresses son, needs to be dealt with in this health care law, it does not necessarily health care in our country. And it is House. Yes, we have great examples of skyrocket the prices. And when a life is about time that we do it. States, and I commend a State like at stake, I believe we need to really Mr. Speaker, reclaiming my time, I Texas that has put into place within focus on that. want to thank the gentlewoman for her

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14049 comments. I really appreciate when she But I did something else today. I put skirt an issue or to water it down. One uses those examples of her own con- an appeal to my constituents on my of them is, first of all just do not bring stituent, because I keep stressing that website today so that they can join and it up. So that is why today so many of this is really common sense. We are be a force in helping to pass this legis- the Members of this body signed this coming at this because our constitu- lation. discharge petition so that we could ents have cried out and even from per- b 1830 have the debate. I think it is too bad sonal experiences. that we have to go through these kinds I think I was actually gesturing to When you get to my web site, which of mechanisms in order to just discuss the gentlewoman today about the fact by the way is www.house.gov/ things. that at the hearing one of the, I do not schakowsky, and if anyone wants to go One is, do not bring it up, delay it as know if he represented the HMOs, but there, I would welcome it. Whether or long as you can. But the other is to he certainly seemed to be an apologist not you are in my district, I would ap- offer a solution that sounds like a solu- for the HMOs, who said that there was preciate hearing from you about this. tion but is not really a solution. That no reason to allow HMOs to be sued be- It says, in flashing letters, ‘‘Help me is the other thing that is going on here. cause they do not make medical deci- end HMO abuses.’’ What I am asking There are bills that people want to be sions. And I was outraged by that. Be- them for, it is a constituent alert, send able to stand up and say, ‘‘Oh, this is cause, in fact, that is the problem. me your HMO horror stories. I think it the Patients’ Bill of Rights. This will They are making the medical deci- will be helpful to us if we get them to really solve the problem.’’ sions. tell us. All of us have heard and I have We have looked carefully at all those And I did not use the example today, got lots of letters myself, but I am hop- proposals and seriously at all those but when my colleague was talking ing to collect a lot more. proposals; and we know that the ele- about the twins that were born, I was Let me read my colleagues this invi- ments that need to be in there, really thinking about my own son, who is now tation. It says, ‘‘The time is now for putting health care decisions in the four. When he was born, he was born C- Congress to pass the Patients’ Bill of hands of health care professionals, section. And they had that rule then, it Rights, H.R. 358. It is time for HMOs to making sure that HMO plans are held has been changed now in New Jersey be held accountable for their actions accountable. I had a similar experience because of the State law, that said that and for medical decisions to be made in Illinois where I was in the general for a C-section they could only stay in by doctors and nurses, not by HMO ac- assembly. The lobbyist for the HMO the hospital 2 days. I guess the normal countants. who came to testify before our health length of time that is recommended by There are proposals in Congress that committee said, ‘‘Oh, no, we don’t physicians is 4 days. And after the sec- claim to offer reform but instead would make health care decisions. We only ond day, the doctor came to us and let HMOs go about their business of make coverage decisions. We’re an in- said, ‘‘Well, you know, your wife has to cutting care, limiting services, and surance company.’’ go home because we have this policy raising costs while enjoying record I said, ‘‘Well, excuse me, sir, but in that you can only stay 2 days. I do not profits. I need your help to pass real re- the real world, there is no difference agree with the policy,’’ the doctor said form and defeat phony legislation. I between a health care decision and a outright to us, ‘‘but I have no choice.’’ know that many of you have fought coverage decision, because you are say- Then I guess the law in D.C. requires battles with your HMOs and more often ing then to people, oh, you can have that a pediatrician see the baby before than not you lost. If you believe that it your heart transplant, but you have to it leaves the hospital. And he came and is time to stop HMO abuses, the time go out and pay for it yourself. That saw our son and said that he was jaun- to act is now. E-mail me your HMO bone marrow transplant might do you diced. And so they made an exception, horror story, let me know if you have some good in your cancer treatment, said he could stay an extra day, the been denied care, forced to change your but we aren’t going to cover it, but you third day. doctor in the middle of treatment, lost But to me that just brought home, of can go buy it yourself.’’ coverage, refused access to a specialist, course they are making the medical de- Ordinary people cannot go out and or had to work for days to get what cision. They are telling the doctor buy expensive tests, expensive treat- you deserved. Together, we can con- what to do. So how can they say they ments, go off to a specialist that they vince Congress to pass the Patients’ are not making the medical decision? feel that they need or that even their Bill of Rights.’’ They clearly are. And that is what we primary care doctor may feel that they The other thing that is on the web do not want. We do not want the insur- need. So health care decisions are site is a petition that has been on ance company to make the medical de- made every day by HMOs because they cisions that contrary to what physi- many web sites around the country will only cover certain things. And so cians and nurses think should be the now calling on Congress to pass the Pa- they should be held accountable. general practice. And that is what we tients’ Bill of Rights so that we can get That is what H.R. 358 does. It also have. our constituents involved in the proc- gives patients the right to appeal those Mr. Speaker, I yield to the gentle- ess here, bring their voice here to Con- decisions and not just to appeal it to woman from Illinois (Ms. gress. That, I think, ultimately is the HMO who just denied them the SCHAKOWSKY), who has also been out going to be the thing that will pass care, they will have the right to exter- front on this issue on many occasions this legislation. I want to urge people, nal appeal, someone outside, an objec- on the House floor. and I think we are making a commit- tive observer to look in and say, ‘‘Were Ms. SCHAKOWSKY. Mr. Speaker, I ment today to do everything we can, you wrongfully denied the care that thank the gentleman from New Jersey but I am urging people who may be lis- you asked for?’’ (Mr. PALLONE) for his leadership on tening and I am certainly trying to So there is phony HMO reform and this issue and for organizing this dis- urge my constituents to pick up the there is real HMO reform. That is what cussion tonight. phone, call your Member of Congress, we are involved in with our discharge I was happy to join that long line of let the President know, let the Speaker petition. I hope that is what we can en- people this morning who were signing a of the House, DENNIS HASTERT, know gage the American people in, in a de- discharge petition to allow us to fully that you want real HMO reform. bate on this, real health care reform, debate HMO reform on the floor of this By that, we should be talking about HMO reform, and I hope that people House. I guess we are up to about 167 H.R. 358. I think the gentleman has will send their horror stories to me, Members now who are saying simply, done a good job in describing the im- will get the petition signed through the let us discuss HMO reform, let us bring portant pieces that are in that legisla- Internet and get this bill on the floor up this important legislation so that tion that are not in others. I am a new and get it passed. we can represent what we are hearing Member of Congress. I have found that Mr. PALLONE. I want to thank the from constituents. there are a whole lot of ways to either gentlewoman. One of the things that I

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14050 CONGRESSIONAL RECORD—HOUSE June 23, 1999 have noticed about newer Members are happening in this industry, this so- ations where you are trying to figure like yourself is that you are always called health providers industry, that out what is the best way to get cov- trying to get the public more involved is just hard to believe, that a doctor, as erage and you have gone through these through the Internet process. That is you just mentioned, that a doctor experiences where you cannot get the really great. I assure you that you are would not be allowed to do what a doc- right information or the proper infor- going to get all kinds of people con- tor does best, which is to advise a pa- mation or the right support from your tacting you, because the number one tient on what he or she feels that pa- doctor because his hands or her hands issue that I get contacted about in my tient should have because they are or- are tied, if you have to spend hours district offices are problems with dered basically or not allowed by an trying to figure out, do I ask for this HMOs and managed care. HMO or the coverage group to present medicine, do I allow this prescription, Again, I just stress what I said be- that as an alternative. am I covered by it, am I not covered, if fore, which is that we are not coming This is the United States of America any of this has happened to you, it is at this out of some cloud or pie in the in 1999. We cannot seem to get people time you wrote, it is time you e- sky notion. This is just what people are to understand that you just cannot do mailed, it is time you visited a web telling us on a regular basis. People are that. The whole idea, I mean, some- page, it is time you made a phone call, shocked when you tell them as the gen- times I have watched my wife during because I do not know of an issue that tlewoman from California brought up the times when we have to sign up affects more Americans than this one and talked about the gag rule. I have here, we, Members of Congress, have to at this moment. told some of my constituents, the way sign up for our health plans, and I have I mean, we have stood on this floor the law is, the insurance company can seen my wife sit there at the dinner and discussed an issue that we are tell the doctor that they cannot dis- table with the thought of three chil- making some gains on, which was the cuss with you a mode of treatment dren at home ranging in ages from 17 issue of the uninsured children. The that is not covered by the insurance, to 10 and trying to figure out which gentleman was the first one to bring even though they think you should one, is it three from this column and this to the House floor, the whole issue have it. They cannot believe it. They seven from that, if we are covered for of uninsured people throughout this think that that is a violation of the this, we are not covered for this. We country. We have made some gains on first amendment or un-American. Of have to ask permission for this so that that. But this continues still to be the course it is, all those things, but they we can get that. I join her in that, I one area in this country where we just are just shocked to find out that that say, my God, if this is what we go do not want to budge. is okay under the law. through and we supposedly get told all I do not know who it is we are con- Really we are just talking about the time that we have this fabulous cerned that we are upsetting. Are common sense proposals that are com- plan, what is everybody else who has HMOs more important than your fam- ing to us. You will get a lot of them, I no clue as to what they are dealing ily doctor? Is your family doctor some- am sure, on the web site. with are going through? one that you are so proud of and then Mr. Speaker, I yield to the gentleman Again it is picking from this column you turn around and you say, ‘‘Well, from New York (Mr. SERRANO) who and from that column. I was very don’t prescribe this and don’t prescribe again has joined me quite often in the proud today, and I can say this with all that?’’ What are we talking about past on this and other issues and I am honesty, when we marched into this here? Just a few minutes ago, and I pleased to see him here tonight. Chamber and began to sign that peti- want to close with this, we were debat- Mr. SERRANO. I want to thank the tion to get this bill on the House floor. ing and we will be debating tomorrow gentleman once again. It has been said I have been here now 9 years and on this whole issue of desecration of the quite a few times on the floor, but you many occasions I have to scratch my flag. I remember my first time here on always manage to get us involved in head and wonder why the other party the House floor when I looked at that discussing the issues that we should in the last few years will not bring a flag behind the podium and I said, I discuss. I am reminded of a conversa- bill to the floor. As I have said, I have wonder if that flag could speak to us, tion that I had with the spouse of a for- stood here and scratched my head, but what would it tell us. eign dignitary from one of the Latin I have never scratched my head as It may not tell us to protect it from American countries that I will not much as on this bill. physical abuse. It may surprise us by mention, not to get into a discussion, a I mean, this is something the Amer- telling us, ‘‘Why don’t you do that country that is not as advanced as we ican people want. This is something which makes me feel good and symbol- are, and I did with that spouse what I that you provide to everyone. This is izes everything I stand for.’’ So on the do with a lot of people. I said, what im- not partisan in any way, shape or form. same day that some people here are presses you the most about our country This is not something that one party saying we have got to protect that flag, and what do you find hard to under- can take and run with and say we did they reject a notion of protecting one stand? it, this is something we as a House, as of the things that the flag stands for, She said, well, obviously your over- a Congress, can say we did it because which is providing basic care to our abundance of food. You have so much we did it for our families, we did it for children, to our women, to our elderly, food in this country, you hire people to the public, we did it for our friends, we to our working families in this coun- keep food from falling out of the bins did it for all of us. try. And so what a better way to honor in the supermarket. That is how much And yet this resistance, this desire to and respect the flag this week than for food you have. either say no to bringing a bill to the the Republicans to agree that they will I said, ‘‘What touched you or made floor or trying to present other meas- bring this bill to the floor and discuss an impression on you in a negative ures which sound like they are address- that issue here and give people the op- way?’’ She said, ‘‘Well, I got sick and it ing the issue when they are not ad- portunity to get the coverage we de- took me more time to discuss where I dressing the issue. I think what has serve. was going, who was going to treat me happened here tonight and for the next We are the greatest country on earth, and what was available to me than the days and weeks is exactly what was we are the wealthiest country on earth, time it took me to realize that I was mentioned here before by the prior we are the greatest democracy on hurting and sick. I can’t understand speaker and, that is, to get the Amer- earth, but there are still a few pieces why your country would take such red ican public involved, to get the Amer- missing that we have to put together tape and put it in front of people.’’ ican public to let us know that their to fulfill our full potential. One of Obviously that person, as you said, Members of Congress how they feel them right at the top is this inability like many of our constituents, just do about this. we have to deal with this issue without not understand until we try to explain If there is a parent this evening who worrying about who we upset, because it to them that there are things that is going through the same kind of situ- we are not going to upset children, we

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14051 are not going to upset the elderly, we And I would like to yield now to the Some States have enacted patient are not going to upset the American gentleman from Maine who has not protections. My home State of Maine people, and if we upset a few insurance only been outspoken on this issue, but has, but there are still people because companies, if we upset a few HMOs, we also on the issue of the cost of prescrip- of Federal preemption who are not cov- are not out to kill anybody. tion drugs in a bill that he has spon- ered by those State laws. In Maine sored to try to correct that problem, b 1845 there are 250,000 people roughly who and he has been concentrating on these are not covered by the State patient We will work, and all we want is dia- health care issues that impact all protection provisions. My constituents logue and the ability to give people Americans. recognize we need a national solution their right. At the same time we pro- I yield to the gentleman. to a national problem, and that na- tect the industry. Our job here is not to Mr. ALLEN. I want to thank the gen- tional solution is the Patients’ Bill of destroy one to save the other; it is to tleman from New Jersey for organizing Rights Act. protect that which is right. this special order on the Patients’ Bill I know you have mentioned this be- So I want to thank the gentleman of Rights, and as you indicated, I have fore, but I want to go over what it once again. I know that he will be on been spending a lot of time trying to would do. First of all, it would guar- the floor at other times with this issue lower the cost of prescription drugs for antee access to necessary care. The bill again, and I will be glad to join him elderly. I think it is a very important provides direct access to a specialist then as I have joined him today and in issue and one we ought to be dealing for patients with serious ongoing con- the past. with. In fact, that is one of the frustra- ditions. The bill requires access to and Mr. PALLONE. I want to thank the tions these days of being in this Con- payment for emergency service. People gentleman, and if I could just comment gress. It seems hard to get good legisla- who go to the emergency room when on what he said about why the Repub- tion up to the floor here for a vote. they are hurting need to know that as licans will not bring it up. I sound so As my colleagues know, last year the long as a reasonably prudent lay per- cynical in saying it, but I believe Patients’ Bill of Rights legislation son would do that, they are going to be failed by just five votes, and in the past strongly that it is the power of the in- paid, they are going to get coverage for year the need for that legislation has surance industry and the power of the that service. The bill also allows doc- not diminished. We ought to be able to insurance lobby, and I, as my col- tors to prescribe prescription drugs get it up for a vote, but the Republican leagues know, witnessed that myself. I that are not on an HMO’s predeter- leadership is preventing that from hap- mean they spend millions and millions mined list so that the doctor is making of dollars on TV ads talking about why pening. So I am proud that we as Democrats the decision, the doctor and the patient the Patients’ Bill of Rights and HMO are making the decision, about the reform should not take place. In fact, today took the first step to filing a discharge petition, and lots of people most appropriate care. in my last election about $4 million The Patients’ Bill of Rights Act also was spent in independent expenditure around the country do not know what a discharge petition is, but it is a pro- provides a fair and timely appeal proc- by, primarily by, the HMOs to try to ess when health plans deny care. The defeat me because they see me as a cedure by which we can bring legislation to the floor if we get 218 signa- bill holds managed care plans account- spokesman on the issue. So they are able when their decisions to withhold willing to spend all this money. tures on that petition without having it to go through the Republican leader- or limit care injures patients, and it Mr. SERRANO. Mr. Speaker, if the also guarantees protections for the pro- gentleman would yield because I want ship and the Committee on Rules. As my colleagues know, we have al- vider patient relationship. to get that right? He said that $4 mil- ready had to start a discharge petition The bill bans gag clauses as well as lion was spent by HMOs and insurance in this House to try to get campaign fi- bonuses and other financial incentives companies to try to get a Member of nance reform legislation to the floor. to doctors to deny care. The bill pro- Congress out of here who supports chil- Again, there was legislation that tects providers who advocate on behalf dren and elderly getting their fair passed in the last Congress by 252 of their patients with the insurance share. votes. With 252 Members supporting company. And furthermore, the bill Mr. PALLONE. Absolutely, and it the legislation we still cannot bring prevents drive-through mastectomies was not just done to me; it was done to that up. So we are going to try the and other arbitrary medically inappro- others as well. And the irony of it is same procedural tactic that we have priate decisions by plans. what you just said which is that, you used there. The American people are clear on know, if you look at what we are actu- As my colleagues know, my home this issue. They want real protection, ally asking be done, it is not going to State of Maine has been slow to move they do not want a watered down bill, put them out of business. to managed care particularly under and we have a chance in this Congress In fact, today in the Committee on Medicare. We only have a few hundred to enact real reform, and that real re- Commerce we had someone come in people signed up for managed care form would make health care plans ac- who was responsible and put together under Medicare. But people are still countable for their mistakes just as ev- the Texas law which is very similar to anxious about HMOs and about man- eryone else in this country except for- our Patients’ Bill of Rights, and as my aged care. In many respects what man- eign diplomats are responsible for their colleagues know, one of the things she aged care companies are doing is good. mistakes. said was that all the debate in the The emphasis on prevention, when it is I think this is a case where, as my State legislature in Texas about this, there is a real step forward in helping colleagues know, we know the problem, all the managed care and HMOs were people take care of themselves in ways we are just this far away from finding saying we are going to be out of busi- that perhaps they have not before. the right solution to the problem. We ness, there will no longer be any man- But it is very important that man- ought to pass the Patients’ Bill of aged care in Texas. In fact just the op- aged care be more than managed cost. Rights Act. I regret that we have to go posite is true. They have not suffered In the early days of managed care it through this discharge petition process at all. There are more managed care has been clear that the companies have in order to try to bring this matter to options in Texas today in fact than in been successful in driving down costs. the floor. It ought to come to the floor a lot of other States even though they All we are saying with the Patients’ now. have a very similar law on the books. Bill of Rights is we want to make sure We have had some Republicans in the So we are not hurting them, but ob- that driving down costs does not come past Congress who have been willing to viously they perceive that we are, and at the expense of quality care. That is sign on and support this legislation, they are wrong, but we just have to really what this is all about. We want and I hope we will have Republicans keep making the point, so I want to to make sure that certain provisions supporting this again, but for now we thank you again for coming down. are really there for everyone. are simply going to do everything we

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14052 CONGRESSIONAL RECORD—HOUSE June 23, 1999 can as Democrats just to say: Give us a 1997, but even earlier over the last 4 or crease them because they are having to vote, give the American people a 5 years, and that is why we need to pay some of those claims because in chance to express their opinion, and let have a federal legislation. And today is the State of Texas one of the items their representatives cast the vote on a special day, I guess, because we, a few that is important in a Patient Bill of the Patients’ Bill of Rights Act. We of us, because of a frustration of not Rights is an appeals process, a fair and ask for support for that particular leg- being able to have a managed care bill accurate and fast appeals process. In islation. to debate here on the floor of the House the State of Texas, the number of ap- And I just want to say to the gen- and to compare our ideas or my ideas peals that have been appealed by the tleman from New Jersey (Mr. and yours or my colleagues’ on the Re- patient to an impartial body, 50 per- PALLONE), my friend and colleague, publican side; we do not have that op- cent of those appeals have been found ‘‘We really appreciate all the work you portunity, and so we had to, all of us, for the patient. do on health care in general, and in a number of us, sign a discharge peti- So granted, it may increase rates be- particular, on the Patients’ Bill of tion today to actually take a bill away cause for 50 percent they are going to Rights Act. from the committee you and I serve on. have to start paying for actual health Mr. PALLONE. I want to thank the We serve on the Committee on Com- care instead of denying it unfairly, and gentleman, and I am glad you brought merce. I am proud to be on that Com- that is what we found in the State of up the point about the drug mittee on Commerce, but we are lit- Texas. And so maybe that will increase formularies as well because there is erally not doing the people’s business their rates. I hope not because I think that aspect of the bill as well, and the by not addressing managed care reform their actuaries already have premiums other thing I wanted that you brought and Patient Bill of Rights. based on what those experiences ought up and I want to stress again is that, as One of the concerns I had back dur- to be. my colleagues know, in some ways ing the Memorial Day recess, I spoke So in the Texas experience, for less maybe we are fortunate in that we had to some business owners in my district, than the cost of a happy meal at to move this discharge process very and they said, well, we are concerned McDonald’s patients in managed care late in the session last time. Even that this Patient Bill of Rights that could really have some fairness and though 6 months have passed, if we are you have will let our employees sue protection and accountability. able to get not only all the Democrats their employer, and I said that is the b 1900 to sign on to this discharge petition, further these thing from the truth, and but also able to get a few of our Repub- tonight I would like as much time as In my home State, we have passed a lican colleagues, we still do have some you have left to address some of those lot of these patient protections, includ- time left to try to get this to the floor, half truths and outright untruths that ing the external appeals and the ac- and hopefully we will be successful, and we have been hearing. countability and the liability. Physi- we are certainly going to keep trying One, there is nothing in this bill that cians are always frustrated, health until we are successful and we do bring will allow for an employee to sue an care providers saying wait a minute, if the bill to the floor. employer. All this does is that that em- I do something wrong, my patient can So I want to thank the gentleman ployer buys an insurance policy, it is sue me, but if I call an insurance com- again, and I also want to yield now to covered under Federal law, that that pany and they say no, you cannot do the gentleman from Texas (Mr. GREEN), employer, that employee will have that, you have to do this and the pa- my colleague on the Committee on some rights under that insurance pol- tient is injured by that, that is not Commerce, and he has been really out- icy. Never would there ever be a suit fair, because they cannot sue that in- standing in particular in pointing out against the employer because again surance company because they are the how in his home State of Texas where employers can afford a Cadillac insur- one practicing medicine. So that is they have actually enacted significant ance plan, or they can afford the Chevy why accountability is so important. patient protections and what a positive insurance plan, but as my colleagues I would hope we would have the same impact that has had on the State even know, some will pay for everything, experience as the State of Texas has, though it does not apply, of course, to some pay for only certain things, who has had that accountability and li- so many people that have been pre- maybe higher deductibles and things ability in law now for 2 years. Again, I empted by the federal law. I yield to like that. have heard testimony today literally the gentleman. But that is not what is in this bill, so that there was only one or two cases Mr. GREEN of Texas. Mr. Speaker, they are using scare tactics to say we filed, simply because if we have a fair the biggest concern I have in com- are going to have employees suing em- appeals process, people will get what paring what we are trying to do here in ployers. That is just not true. they need, and that is adequate health Washington and what has been done in The other thing that they used is, is care. People do not want to sue insur- State of Texas and other States is that it going to raise the cost of health ance companies, they just want to have the States can pass laws that regulate care? In fact, one publication I saw said them pay for what they should be pay- insurance policies in their States. it could increase insurance rates 40 per- ing for in their health care. Now I have employers that are multi cent, which is outrageous. Today I Again, one of the old truths that we State, employers who are self insured, heard testimony; I think you did, too; have heard is that there will be a mass and they come under federal law. So that the State of Texas that did the exodus in employers dropping insur- the State of Texas, the State of New managed care reforms that we are try- ance coverage. Again, in the State of Jersey, the State of Maine, State of ing to do, there were hardly any in- Texas, we have had literally an in- California can do all they want and creases at all. In fact, the increases in crease in the number of people who are pass a Patients’ Bill of Rights, but it managed care rates were comparable to covered under managed care plans, only affects in fact less than 40 per- States that had no reforms that were even under the new rules we have. In cent, in some cases maybe even less passed. In fact, even my argument, I fact, again today, under sworn testi- than 20 percent of the insurance poli- think, that some of those increases mony, we heard that Aetna Insurance cies that are issued in their State. In were already built in because the man- said that the State of Texas, and I as- the State of Texas we have over 8 mil- aged care companies were increasing sume this was recently, said the State lion people who have insurance policies rates 3 or 6 percent depending on the of Texas’s insurance market is the filet that are covered by ERISA. When you market, and they were doing that in mignon of insurance markets, and that think we have about 11 million, a little other States that have not done it. is a quote from a hearing today that we over 11 million people covered, that is So what we are trying to do and the both attended. I have to admit, if the a little less than 80 percent of the peo- other concern I have is that they say State of Texas under our managed care ple are not covered by the State pro- that it will increase rates. Well, it may reform is the filet mignon, all I am tections that were passed not only in increase rates, but maybe it will in- concerned about is the hamburger.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14053 Typically, most of our folks can afford I want a better percentage than the flip of a new baby that is complicated by decent hamburger. So there will be no of a coin. chemical addiction results in an ex- mass exodus of employers dropping In Texas, that is our experience. We penditure of $48,000 to $150,000 in mater- health care coverage just because we have seen that we have the flip of the nity care, physician’s fees, and hospital are giving insurance companies some coin. We want a better percentage. charges. We also know, Mr. Speaker, rules to live by. Managed care providers I hope will see that 65 percent of emergency room vis- Emergency care so that a person does that percentage where they are not its are alcohol or drug-related. not have to drive by the closest emer- overturned, because they are actually The National Center on Addiction gency room to get to the one that may providing better care and they are pro- and Substance Abuse found that 80 per- be on their list, because frankly, we viding for more adequate care to their cent of the 1.7 million men and women want to make sure they have the customers, our doctors, patients, and in prisons today in this country are quickest and fastest emergency room our constituents. there because of alcohol and/or drug care as possible. So that is why I think it is impor- addiction. Anti-gag. A physician or health care tant. This year we need to have a real Another recent study showed, Mr. provider should be able to talk to their Patients’ Bill of Rights. Last session Speaker, that 85 percent of child abuse patients. They ought to be able to say, we had one that was worse than a fig cases involve a parent who abuses this is what your insurance company leaf, because it actually overturned drugs and/or alcohol; 85 percent of child will pay for, this is what they will not laws that were passed by our State leg- abuse cases are related to alcohol and pay for. Again, we have employers who islatures. So it would have hurt the drug abuse. Seventy percent of all peo- can pay for the Cadillac plan and the State of Texas, the bill that passed this ple arrested in this country test posi- Cadillac plan may pay for everything, House last session by 5 votes. Thank tive for drugs; two-thirds of all homi- but the Chevrolet plan may not pay for goodness the Senate killed it. This cides are drug-related. everything, but that doctor ought to be year, hopefully we will have a real Mr. Speaker, I ask the question: how able to talk to their patients. managed care and Patients’ Bill of much evidence does Congress need that Open access to specialists for women Rights. we have a national epidemic of addic- and children, particularly chronically I thank the gentleman for his leader- tion, an epidemic crying out for a solu- ill patients, so that every time they do ship as our health care task force per- tion that works; not more cheap polit- not have to go back to their family son on the Democratic side. We are ical rhetoric, not more simplistic quick practice person or their gatekeeper be- doing the Lord’s work in trying to do fixes that obviously are not working. fore they go to their oncologist, for ex- this. Mr. Speaker, we must get to the route Mr. PALLONE. Mr. Speaker, I thank ample, if they are diagnosed with can- cause of addiction and treat it like any the gentleman. I know our time has other disease. cer. That should not have to be the run out, but I think the gentleman said The American Medical Association in case. Women ought to be able to use it well about using the Texas example 1956 told Congress and the American their OB-GYN as their primary care. to show how what we are proposing people that alcoholism and drug addic- Children ought to be able to go to a pe- here works and has worked in Texas tion are a disease that requires treat- diatrician without having to go back to over the last two years. ment to recover. Yet, today in Amer- a primary care doctor. f ica, only 2 percent of the 16 million al- Of course, I talked about the external coholics and addicts covered by health and binding appeals process and how EQUAL ACCESS FOR CHEMICAL plans are able to receive adequate important it is, and how important it DEPENDENCY TREATMENT treatment; only 2 percent of those with is to have the accountability linked to The SPEAKER pro tempore (Mr. insurance for chemical dependency that, that the accountability is hardly DEAL of Georgia). Under the Speaker’s treatment are able to get effective ever used if one has a real effective ap- announced policy of January 6, 1999, treatment. peals process. the gentleman from Minnesota (Mr. That is because of discriminatory Those are the important things that RAMSTAD) is recognized for 60 minutes caps, artificially high deductibles and managed care reform bill offers. I do as the designee of the majority leader. copayments, limited treatment stays, not know, I heard we had 161 signa- Mr. RAMSTAD. Mr. Speaker, every as well as other restrictions on chem- tures, 167 now, so I would hope that we day politicians talk about the goal of a ical dependency treatment that are not get to the 218. Of course, we are going drug-free America. Mr. Speaker, let us there for other diseases. If we are real- to have to have it bipartisanly, and get real. We will never even come close ly serious about reducing illegal drug last session it was. We had some Re- to a drug-free America until we knock use in America, we must address the publican Members who were supportive down the barriers to chemical depend- disease of addiction by putting chem- of the Dingell bill, and hopefully we ency treatment for the 26 million ical dependency treatment on par with will see them come together over the Americans presently addicted to drugs treatment for other diseases. Providing next few weeks so we can really see and/or alcohol. That is right, Mr. equal access to chemical dependency some national managed care reform, Speaker. Twenty-six million American treatment is not only the prescribed similar to what the States have been alcoholics and addicts today. medical approach, it is also the cost-ef- doing and doing so successfully. Mr. Speaker, 150,000 people in Amer- fective thing to do; it is also the cost- I hear all the time that we do not ica died last year from drug and alco- effective approach. want to in Washington tell States what hol addiction. In economic terms, alco- We have all the empirical data, in- to do. Well, I do not want to do that. hol and drug addiction cost the Amer- cluding actuarial studies, to prove that But we can use the States as a labora- ican people $246 billion last year alone. parity for chemical dependency treat- tory, as an example, and say, okay, it That is with a B, $246 billion. American ment will save billions of dollars nais working in Texas, has been for 2 taxpayers paid over $150 billion for tionally, while not raising premiums years. There is not a lot of lawsuits, drug-related criminal and medical more than one-half of 1 percent in the there is not an increase in premiums. costs alone. That is more than the worst case scenario. It is well docu- Actually, people are winning half of American taxpayers spent on edu- mented that every dollar spent for those cases. cation, transportation, agriculture, en- chemical dependency treatment saves I like to use the example that if I was ergy, space, and foreign aid combined; $7 in health care costs, criminal justice a baseball player and had a 300 batting more than in all of those areas com- costs, and lost productivity from job average, which is a 30 percent batting bined the American taxpayers spent for absenteeism, injuries, and subpar work average, I would be making $8 million drug-related criminal and medical performance. A number of studies have a year. But for my managed care pro- costs. shown that health care costs alone are vider, if they are only right half the According to the Health Insurance 100 percent higher for untreated alco- time when they decide my health care, Association of America, each delivery holics and addicts than for people who

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14054 CONGRESSIONAL RECORD—HOUSE June 23, 1999 have gone through treatment; 100 per- sionals agree that providing access to hol addiction are 40 percent,’’ relapse cent higher for those who go untreated. chemical dependency treatment is the rates. That compares favorably with Mr. Speaker, as a recovering alco- only way to combat addiction in Amer- those for three other chronic disorders: holic myself, I know firsthand the ica. adult onset diabetes, 50 percent; hyper- value of treatment, and as a grateful We can build all the fences on our tension, 30 percent; and adult asthma, recovering alcoholic for 18 years, I am borders, we can build all of the prison 30 percent. absolutely alarmed by the dwindling cells that money can buy, we can hire A March 1998 GAO report also sur- access to treatment for people who thousands of new border guards, thou- veyed the various studies on the effec- need it. In fact, over the last decade in sands of new drug enforcement officers, tiveness of chemical dependency treat- America, 50 percent of the treatment but simply dealing with the supply side ment and concluded that treatment is beds for adults are gone. Even more of this problem will never solve it. effective and beneficial in the majority alarming, 60 percent of the treatment That is because, Mr. Speaker, our Na- of cases. A number of State studies beds for adolescents are gone. tion’s supply-side emphasis does not have also been done that showed treat- Mr. Speaker, we must act now to re- adequately attack the underlying prob- ment is cost-effective and good pre- verse this alarming trend. We must act lem. The problem is more than illegal ventative medicine. now to provide greater access to chem- drugs coming into our Nation, coming A Minnesota study, a study in my ical dependency treatment. across our borders. The problem is home State, Mr. Speaker, extensively That is why I have introduced the more than that. The problem is the ad- evaluated the effectiveness of its treat- Harold Hughes, Bill Emerson Sub- diction that causes people to crave and ment programs and found that Min- stance Abuse Treatment Parity Act demand those drugs. nesota saves $22 million in annual named for two departed colleagues, one health care costs because of our treat- b 1915 Democrat, one Republican, who did so ment programs, $22 million in the much in this field of addiction; so That is the problem, the addiction State of Minnesota alone saved because much to raise public awareness, so that causes people to crave drugs and of treatment programs. A California much to help people in need, people to demand those drugs. So we need study reported a 17 percent improve- who are suffering the ravages of drug more than simply tough enforcement ment in other health conditions fol- and alcohol abuse. This is the same and interdiction. We need extensive lowing treatment, and dramatic de- bill, Mr. Speaker, by the way, that last education, and we need access to treat- creases in hospitalization. year had the broad bipartisan support ment. A New Jersey study by Rutgers Uni- of 95 House cosponsors. Drug czar Barry McCaffrey under- versity found that untreated alcoholics This legislation would provide access stands. He said recently, and I am incur general health care costs 100 per- to treatment by prohibiting discrimi- quoting, ‘‘Chemical dependency treat- cent higher than those like me who nation against the disease of addiction. ment is more effective than cancer have received treatment. So the cost The bill prohibits discriminatory caps, treatment, and it is cheaper.’’ General savings and the effectiveness of chem- prohibits higher deductibles and copay- McCaffrey also said, ‘‘We need to re- ical dependency treatment are well ments that exist for treatment of other double our efforts to ensure that qual- documented. diseases. It also prohibits limited ity treatment is available.’’ Mr. Speak- But putting the huge cost savings treatment stays and other restrictions er, the director of our National Office aside for a minute, Mr. Speaker, what on chemical dependency treatment of Drug Policy is right. All the studies will treatment parity cost? That is a that are different from other diseases. back him up. Treatment does work, question that is asked by a number of All we are saying, Mr. Speaker, is treat and treatment is cost-effective. people. First, there is no cost to the chemical addiction like other diseases. Last September the first national Federal budget. Parity does not apply Mr. Speaker, this is not another study of chemical dependency treat- to the Federal Employees Health Ben- mandate. It does not require any ment results confirmed that illegal efit Plan, does not apply to Medicare or health plan which does not already drug and alcohol use are substantially Medicaid. cover chemical dependency treatment reduced following treatment. This According to a national research to provide such coverage. It merely study by the Substance Abuse and study that based projected costs on says that those which offer chemical Mental Health Services Administration data from States which already have dependency coverage cannot discrimi- shows that treatment rebuilds lives, chemical dependency treatment parity, nate, cannot treat chemical depend- puts families back together, and re- the average premium increase due to ency different from coverage for med- stores substance abusers to produc- full parity it would be two-tenths of 1 ical or surgical services for other dis- tivity. percent, that is from a Mathematica eases. In addition, the legislation According to Dr. Ronald Smith, Policy Research study in March of 1998, waives the parity for substance abuse United States Navy Captain in the a two-tenths of 1 percent increase in treatment if premiums increase by Medical Corps, and also Dr. Smith was premiums for policyholders. more than 1 percent, and it also ex- formerly vice chairman of psychiatry A recently published Rand study by empts small businesses with 50 or fewer at the National Naval Medical Center the Rand Corporation found that re- employees. at Bethesda, Dr. Smith says ‘‘The U.S. moving an annual limit of $10,000 a Mr. Speaker, it is truly the time to Navy substance abuse program works. year on substance abuse care will in- knock down the barriers to chemical It has an overall recovery rate of 75 crease insurance payments by 6 cents dependency treatment. It is time to percent.’’ per member per year, 6 cents per mem- end discrimination against people with The Journal of the American Medical ber per year. Removing a limit of $1,000 addiction. It is time to provide access Association on April 15 of last year re- increases payments by only $3.40 a to treatment, to deal with America’s ported that a major review of more year, or 29 cents a month. number 1 public health and public safe- than 600 research articles and original The worst case scenario we could ty problem. data conclusively showed that addic- find, the study that showed the worst We can deal with this epidemic now tion conforms to the common expecta- case scenario, estimated the cost would or be forced to deal with it later. But, tions for chronic illness, and addiction be five-tenths of 1 percent increase in this problem, this epidemic will only treatment has outcomes comparable to premiums per month, which translates get worse if we continue to allow dis- other chronic conditions, outcomes to 66 cents a month per insured. crimination against the disease of ad- comparable to other chronic condi- So the bottom line, Mr. Speaker, for diction. tions. the cost of a cup of coffee per month we As last year’s television documen- The same study by the American can treat 16 million Americans ad- tary by Bill Moyers pointed out, med- Medical Association said that ‘‘Relapse dicted to drugs and/or alcohol today, ical experts and treatment profes- rates for treatment for drug and alco- for the cost of a cup of coffee per

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14055 month to the 113 million Americans cerned people throughout America to that are placed there by individuals covered by health plans. At the same pass this life and death legislation. from across the country, their savings, time, Mr. Speaker, the American peo- Finally, Mr. Speaker, I ask the loved are in fact, of course, insured by the ple would realize $5.4 billion in cost ones of those still suffering the ravages Federal deposit insurance corporation savings from treatment parity, accord- of addiction and chemically dependent under a number of different programs. ing to a recent California study. people themselves who are unable to So these are substantial benefits in So we could treat these 16 million access treatment to contact their terms of actually a license to be in the American alcoholics and addicts who United States Senators tomorrow, con- business. It sets up a relationship be- are addicted today, who are hooked tact their United States representa- tween our national government and today on alcohol and/or drugs. For the tives tomorrow, and urge them to co- State governments and the free mar- price of a cup of coffee we can treat 16 sponsor H.R. 1977, 1977, the Substance ketplace. It has been very successful. million Americans, and we can save in Abuse Treatment Parity Act. Our model of banking grows out of the process $5.4 billion to the American Working together, Mr. Speaker, as the egalitarian roots of the times of taxpayers. Americans, as Members of Congress, Thomas Jefferson, and of course there United States companies that pro- working together we will knock down are many efforts during the first cen- vide treatment have already achieved those barriers to treatment. We will tury of our Nation’s existence in which substantial savings. Chevron, for exam- provide access to treatment for those banking did not work out as success- ple, reports saving $10 for every $1 it people suffering the ravages of addic- fully as we would like, so coming to spends on treatment. GPU saves $6 for tion. We will, Mr. Speaker, get this this model was very difficult. every $1 spent. United Airlines reports done, but only only if the American Of course, as in the course of most a $17 return, a $17 return for every dol- people demand it. I hope and pray that economic activities, banking has lar spent on treatment by United Air- the responses are there and that Con- changed greatly over the years. In 1977 lines. gress wakes up to the need to deal with it was apparent that credit needs were Mr. Speaker, no dollar value can addiction, and this year passes the not being met in some of the local quantify the impact that greater ac- Substance Abuse Treatment Parity communities, whether they be urban cess to treatment will have on people Act. communities or rural communities. So who are addicted and their families. No f then Senator Bill Proxmire from Wis- dollar value can measure the impact on consin in 1977 was able to enact some- spouses, children, other family mem- THE COMMUNITY REINVESTMENT thing called the Community Reinvest- bers who have been affected by the rav- ACT ment Act, which provides, as it were, ages of addiction. Broken families, The SPEAKER pro tempore (Mr. an examination of meeting local credit shattered lives, broken dreams, ruined DEAL of Georgia). Under the Speaker’s careers, messed up kids, children on announced policy of January 6, 1999, needs of the community in which these Ritalin, divorces, I could go on and on the gentleman from Minnesota (Mr. banks exist, the geographic area, and of course in a practical sense the areas with the human impact of the ravages VENTO) is recognized for 60 minutes. of this epidemic that has swept our Na- Mr. VENTO. Mr. Speaker, I have that they serve and which they draw tion. How can we put a dollar cost on taken this hour special order this deposits from especially. those horrible factors, those horrible evening to highlight an important law Lo and behold, through many years results of addiction? and an important policy that has ex- that examination process developed. Mr. Speaker, this is not just another isted since 1977 with regard to financial There is one thing that banks probably public policy issue. This is a life or institutions, with regard to banking. It do not like and probably do not really death issue for 16 million Americans is called the Community Reinvestment think that they need and that is more and their families, 16 million Ameri- Act. regulations. To be candid about it, I cans who are chemically dependent What this law and policy that has think that the early laws and rules covered by health insurance but unable been in place for these 22 years accom- that tried to implement CRA did in to access treatment. plishes is it requires that banks go fact present more regulations. I do not We know one thing for sure, Mr. through an examination of the nature think there is any banker or any cit- Speaker. Treatment taught me that of loans, not the nature but the place izen, for that matter, that would like addiction, if not treated, is fatal. This that they actually make credit avail- to see more regulatory burden. is a fatal disease if not treated. Last able in their community. But the fact was that over the years year 95 House Members from both sides Most banks, whether they are char- that has not been a hindrance. As this came together in a bipartisan way to tered by our national government or by law has developed and has been serving support and cosponsor this substance our State governments, receive a fran- our country, the fact is that the regu- abuse treatment parity legislation. chise. They receive an area in which lators have accomplished and stream- This year let us knock down the bar- they can do business. Of course, those lined many aspects of the Community riers to treatment for 16 million Amer- geographic areas have changed greatly Reinvestment Act. as the nature of our economy and popu- icans. This year let us do the right b 1930 thing and the cost-effective thing and lation has moved across the landscape provide access to treatment. This year of our Nation. But the fact is that they One of the most important legislative let us pass substance abuse treatment receive certain benefits from that fran- changes occurred in 1989 when then parity legislation to deal with the epi- chise of banking. Congressman Joe Kennedy added an demic of addiction in America. One is, for instance, that they receive open disclosure provision to CRA; and Mr. Speaker, the American people support from the license from the since then, it has really, I think, taken cannot afford to wait any longer. I urge State or the national government to do off and come to significant attention in all Members to cosponsor H.R. 1977, the a banking business which fundamen- terms of the public. Substance Abuse Treatment Parity Act tally means they can take in deposits As that has happened, there has been of 1999. I ask my fellow recovering alco- and they can in fact loan out on a a new awareness and new impetus upon holics and addicts, all 2 million of money multiplier basis multiples of making this law even more effective them, to write their Members of Con- what they actually have taken as de- than it was. There are a couple of fac- gress, their Member of the House, their posits. In the event that they need dol- tors that have influenced that. One is, United States Senators, and urge them lars, the Federal Reserve Board has an increasingly, banks do not have as to cosponsor this treatment parity bill, open window that they can of course, many deposits as other financial insti- H.R. 1977, the Substance Abuse Treat- on a short-term basis, borrow at very tutions that are nonbanks. It is esti- ment Parity Act. That is H.R. 1977. low-interest rates from. mated that in 1977, when this law was We need to mobilize the recovering Furthermore, of course, the deposits first passed, that about two-thirds of community, we need to mobilize con- now that are within that institution, the savings and deposits existed in our

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14056 CONGRESSIONAL RECORD—HOUSE June 23, 1999 financial institutions, our banks and in might have been a little higher, the taking up the responsibility and that our savings and loans or thrifts. fact was that it has caused them to re- they have in fact accepted, when they Today, it is estimated that that examine what they are doing and to re- accepted the franchise, to serve these amount may be something less than 30 orient their business. needs. percent, less than half of what one Now, we hold our financial institu- I see some of my colleagues on the time existed. The necessity is, of tions in this country out as being floor this that I know are interested, as course, to try to keep existing CRA law international, as being aware, and I am, in maintaining this important in place. being involved. But most importantly, community reinvestment act law. If we look at CRA, since its incep- as we go forward, we want to make cer- Mr. Speaker, I yield to the gentleman tion, it is estimated that nearly $1 tril- tain that the basic needs are met at from New York (Mr. LAFALCE), the lion in loans and creditworthy instru- home as they are justified. ranking Democrat on the Committee ments have been extended to these CRA is now of course under attack. It on Banking and Financial Services. communities in which these financial is ironic, as we move to pass legislation Mr. LAFALCE. Mr. Speaker, I thank institutions exist under the auspices of which would modernize our financial the gentleman from Minnesota very fulfilling the CRA requirements, which institutions, that some have sought to much for yielding to me. only requires banks to loan to credit- attach to this banking modernization Mr. Speaker, I am so pleased to join worthy customers in these geographic legislation provisions which would re- the gentleman from Minnesota (Mr. and other service areas in which they nege and which would withdraw, or at VENTO), who has been a real champion exist. least take away, the commitment and of financial services reform, of housing It does not require financial institu- the examination that exists under and community development, and most tions to make loans or take activities CRA. especially of the Community Reinvest- which, in essence, would cause them to To date, in the House, we have been ment Act. lose money, to issue bad loans, or to successful in fighting off most of those There have been great successes with issue services that would be inappro- in this session but in past sessions, in- respect to the Community Reinvest- priate, that would be costly to them. deed amendments have passed on this ment Act. Possibly within the next As a matter of fact, of course, I floor which have, in fact, pulled the rug week, surely if the House passes a fi- think, after the history of this is actu- out from under this law, this CRA law nancial services reform bill, surely in ally demonstrated, that some banks, that is working and serving our fami- conference with the Senate, we are which were perhaps reluctant to in fact lies and serving our Nation so very well going to have to take up the issue of make these types of loans initially, these last 22 years. CRA. We ought not backtrack on our But in the Senate of course, they they have now discovered an entirely commitment to the Community Rein- have, in fact, pulled back the require- new book of business in terms of serv- vestment Act one iota. ments of CRA and in essence pulling ing these communities. Now, some within the United States away at the same time, I might say, The consequence has been dramatic Congress may seek to portray the CRA that we are providing for financial in terms of expanding opportunities for as an impediment rather than as an in- modernization. some low and moderate-income people Well, one, financial modernization centive to sound banking practice. and, in some cases, people of color that must indeed serve, not just the needs of They are absolutely wrong. The Com- before had been denied credit. the financial entities, that is banks, munity Reinvestment Act has resulted I think that most folks from the the insurance companies, and security in a tremendous amount of capital in- rural area well understand what the firms, we must keep in mind that and vestments in our communities. It is limitations are concerning credit in focus, and the major focus should be on the Community Reinvestment Act that their own communities. After all, with- the people of this country that are has caused that investment in our com- out the credit extension for loans in served and the small businesses that munity. farms and ranches and, for that mat- need the type of help that only these fi- As the gentleman from Minnesota ter, in the urban areas, the small busi- nancial institutions can offer. That in (Mr. VENTO) said, this law was passed nesses in those cases would not be able fact is the reason that of course we by the Congress in 1977. There was a to grow, would not be able to have the have in the first instance developed reason for it. To combat discrimination ability to in fact engage actively in the and provided the type of franchise and by encouraging federally insured finan- enterprise that they have chosen to license that they have within our cial institutions to help meet the cred- participate in. States and within the boundaries of it needs of the communities they serve. But CRA has meant that that type of this Nation. When we view the 2 decades plus that credit, that that test, that type of ex- So now more than ever, as we move have passed since 1977, we can say that amination falls upon these financial in- to provide for these banks to have it has been a resounding success. Its stitutions to actually serve the com- more opportunities and more powers to success results from the effective part- munity. work together, we also need to be cer- nerships of municipal leaders, local de- So, often, the demonstration where tain that the basic needs, the basic fi- velopment advocacy organizations, and there had been problems with CRA was nance needs, the basic credit needs of community minded financial institu- a case where the deposits came in from our local communities are available for tions. Working together, the CRA has the local community, but the dollars the small businesses, are available for proven that local investment is not and loans did not go out to that same home purchases, are available to serve, only good for business, but critical to local community, even though there that they merely do not take the de- improving the quality of life, espe- were creditworthy applications and posits and investments out of a com- cially for low and moderate-income loans that could have been made in munity, but, in fact, they extend to residents in the communities financial those cases. that community the type of credit institutions serve. What CRA has done has caused needs that are essential for a viable We can applaud the financial institu- banks, in a partnership I would say, economy in our urban areas, in our tions for the work they have done in more than anything else, to reexamine rural areas, and in many others. meeting the CRA requirements, the what they are doing, not just to be- In my state, we have 550 banks. Na- CRA obligations. At present, it is esti- come a deposit collector and then a tionwide, we have only 9,700 banks. So mated that almost 98 percent of all fi- purchaser of bond or securities or, in Minnesota disproportionately has nancial institutions have achieved at fact, even investment in other invest- about 5 percent of the banks. But many least a satisfactory or better CRA comments that maybe were not even with- jurisdictions, there are not as many pliance rating. So obviously it is not in the borders of the United States, but banks. that difficult of a requirement if 98 per- might have been in a territory or some- So it is very important that in fact cent of the institutions are being rated place else where the interest rates the banks that are there are in fact at least satisfactory.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14057 In my own district, for example, CRA Enterprises, a good friend and a strong deal of discomfort with CRA. And their loans have led to the development, one supporter of CRA. discomfort was that there was a great example, of 138 units of low-income Mr. KANJORSKI. Mr. Speaker, I rise deal of documentation required in senior housing as well as permanent fi- today in support of what the gen- order to satisfy the process and that nancing for a group home for the devel- tleman from New York (Mr. LAFALCE), performance or the process of docu- opmentally disabled. Local banks par- our ranking member, has stated and mentation was extremely expensive to ticipate in the Buffalo Neighborhood what the gentleman from Minnesota the banks. Housing Services Revolving Loan (Mr. VENTO) has stated. I remember on one occasion being Fund, the Niagara Falls Housing Serv- But I want to give a different per- asked to come by a small bank run by ices Revolving Loan Fund, et cetera. spective. I am sure that the people that a friend of mine, Paul Reichart, at Co- These enable local neighborhood hous- are observing this discussion tonight lumbia County Farmers National Bank ing service agencies to acquire and re- may be asking some very fundamental in Columbia County, Pennsylvania, and habilitate numerous vacant properties questions, like what is the responsi- he led me in to meet with his counsel and resell them to low and moderate- bility of government to get involved in and some members of his board and income constituents. the banking business and tell them himself, and a table much like the size CRA lending by local banks in my what they have to do with their of the table I am speaking from now district has also lead to job growth. money? I want to give just some con- was piled about a foot high with mate- For example, local banks have worked crete examples as to why we derive rial. What he expressed to me was the with the minority and women-owned that authority and why it is important. little bank in Columbia County, Penn- loan program of western New York to Banking institutions are licensed in sylvania, had to go through all this create pro bono counseling and moni- the United States, and they derive two documentation in order to comply with toring services to minority and women great measures of support from the CRA. loan applicants during the pre-applica- American people. That is, one, that the I believe, if I recall correctly, it was tion and post-loan periods of a new deposits made in national and insured 1991. And the cost of that compliance business. banks in America are insured by the was about $55,000. They were disturbed. In addition, CRA lending has resulted full faith and credit of the United And the argument, made very simply, in the construction and financing for States, so that every individual who was that as a small community bank, manufacturing facilities, which re- makes a deposit in an American bank why do we have to spend all this money sulted in the retention of hundreds of up to $100,000 is absolutely certain that that is directly off the bottom line to jobs, the creation of hundreds of jobs in regardless of the economic cir- document compliance with an act of Niagara, Erie, Orleans, and Monroe cumstances that may occur in this Congress when, in fact, we could not County. country their money is secure and re- survive if we were not making loans, Mr. Speaker, I strongly support the ceivable by them on demand. primarily to the community and to the Community Reinvestment Act and the participants that surround us within a b 1945 successes achieved in combatting dis- very small radius, maybe 30 miles. I crimination. I applaud our financial in- So the insured deposit feature is thought they had a strong logical argu- stitutions for their strong compliance unique. In no other instance that I am ment. record. I welcome their continued suc- aware of does government insure the As a matter of fact, based on their cess. I repeat, we will pass no banking private sector’s potential losses so that argument, I came back to Washington legislation in this Congress if there is their customer, the bank, can be satis- and prepared an amendment in 1991 even a scintilla of a retreat from the fied that their money is not at risk. that I offered to some of the banking CRA commitment. The second factor and special oppor- acts that were going through at that Mr. VENTO. Mr. Speaker, I thank tunity that is offered to banks that is time which would have exempted small the gentleman from New York (Mr. LA- not offered to other private businesses institutions of less than $100 million in FALCE) for his strong statement, the in America is the fact that they have assets from CRA documentation re- ranking member of the Committee on the right to use the open window at the quirements. At that time, the amend- Banking and Financial Services. Federal Reserve for drawing down ment did not go through, and no I also would point out that, as he funds to maintain solvency. No other progress was made and frustration con- read the recognition in Buffalo, New institution that I am aware of can tinued to exist for at least another York, his hometown, of the accom- draw funds at Federal Treasury rates year. But, luckily, the new administra- plishments, that CRA accomplishes all in order to see that their liquidity re- tion of President Bill Clinton recog- this without any Federal grants of dol- mains constant and sufficient to carry nized that problem and, primarily as it lars, without any taxation passed. It on the success of their business, par- applied to small banks, and it directed accomplishes all of that simply by per- ticularly at those times when the econ- a reform of the situation. mitting banks to do what banks are omy gets out of whack and there may The President directed the then- supposed to do, to loan money to cred- be a run on a bank or there may be an Comptroller of the Treasury, Gene itworthy individuals. That is the only unusual demand or a need for funds. Ludwig, who did a comprehensive test here, and to be certain that that is The bank knows that it can go to the interagency review and reform of CRA. done in the jurisdictions or service open window and derive those funds And what he did basically reinvent and areas in which they are doing business. and that the open window issues those streamline the entire process of docu- It is, I think, very important to un- funds because the United States Treas- mentation and performance and, as a derstand that this is what banks are ury stands behind them. matter of fact, laid down the condition expected to do, why they are licensed. Now, that is the reason why we have that it was no longer the documenta- They have a franchise. This is a law a unique set of circumstances that al- tion that was important it was, in- and a policy that is working, that has lows the Congress to work with the pri- stead, the performance that was impor- reoriented, that has helped banks focus vate sector, the banking institutions, tant. And on the basis of that, now on the major impetus and the nature of as to how they can better serve the banks with little documentation and the business that they are involved and community. little expense, regardless of their size, so fundamental to the working of our Quite frankly, it was my opinion that can comport with the standards in the economy. Community Reinvestment Act provi- Community Reinvestment Act to be as- Mr. Speaker, I am happy to yield to sions were not working very well in the sured that there is satisfaction and the gentleman from Pennsylvania (Mr. beginning. And as I traveled around my compliance. KANJORSKI), the ranking member on district and traveled around the State And as my friend, the gentleman the Subcommittee on Capital Markets, of Pennsylvania and the Nation and I from New York (Mr. LAFALCE) just Securities and Government Sponsored talked to bankers, there was a great stated, 98 percent of the banks in the

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14058 CONGRESSIONAL RECORD—HOUSE June 23, 1999 United States today are in satisfactory made $18.6 billion in community devel- So I thank the gentleman from Penn- compliance at much less cost because opment loans and investments. sylvania (Mr. KANJORSKI), and I wel- of the reforms made under Ludwig’s ad- This is an incredible record of the come my colleague, the gentleman ministration as Comptroller of the Cur- private sector of America recognizing from Vermont (Mr. SANDERS), who is rency. that in conjunction with a cooperative an able member of our committee and Today, as I travel around banks in regulator and with a policy established a strong advocate of CRA and con- Pennsylvania and the Nation, I do not and enunciated by this Congress that sumer law generally, and I yield to the hear the horrendous stories or com- the public’s interest can be well served gentleman. plaints. As a matter of fact, I find now to the benefit of not only the govern- Mr. SANDERS. Mr. Speaker, I thank a new partnership has arisen between ment and the regulators but to the the gentleman from Minnesota (Mr. community banks and larger banks and communities across America. Thou- VENTO) very much for organizing this the communities they serve. They are sands of new jobs have been created all special order, and I want to go on reaching out in ways they have never over America and in distressed commu- record in agreeing with the remarks reached out before and are performing nities. that the gentleman has made, as well in ways they have never performed be- And I happen to look at CRA now as the comments of the ranking mem- fore. from an entirely different viewpoint. ber of the committee, the gentleman Now, I have to be thorough in my dis- This is one of the arrows in our quiver from New York (Mr. LAFALCE), and the closure, because before I came to Con- to meet the distressed areas of America gentleman from Pennsylvania (Mr. gress I had the opportunity to serve on in offering opportunities for commu- KANJORSKI). I think what they had to a small community bank board of di- nity development and economic devel- say is appropriate, and I am in agree- rectors, and I know that it was ex- opment in the place that really counts ment with it. tremely difficult at that time for small and with the private sector participa- Mr. Speaker, we see on the television banks and small boards of that nature tion in market forces to make better virtually every night and we read in to answer to big government in Wash- judgments of economic development the newspapers that the economy is ington as to what could get done. But money than the government could ever booming, and some people say it has with the reforms that Mr. Ludwig put make on its own. never been so good. But when I speak This is not a panacea. This does not into place, that very bank today is op- to working families in the middle class solve all our problems, but it certainly erating, and when I talked to the Presi- in the State of Vermont they have a does show that a government program, dent not more than a month ago, he is slightly different interpretation of properly administered, properly de- very satisfied and actually seeking out what is going on in the economy. Be- fined and judged on performance and community reinvestment loans wher- cause for many of those people, they not documentation alone, can in fact, ever they can happen. are working longer hours for lower change the opportunities, both eco- So from the smallest community wages than they were 20 years ago. And nomic and community opportunities, bank to the largest regional banks to while we are all delighted that Bill of many millions of American citizens. the largest national banks the process So tonight, I come to the Congress to Gates saw a $40 billion increase in his has been changed, focusing away from join my friend from Minnesota (Mr. wealth last year, that is really not the documentation and focusing more on case for most the people in the State of VENTO). performance and ease and speed and Mr. VENTO. Mr. Speaker, reclaiming Vermont. They are struggling hard to less cost and less conflict in arriving at my time, and not to cut the gentleman keep their heads above water. the standards to satisfy these require- off, but to have him as an ally, I must One of the major problems we face in ments. say that the anxiety that he created by the State of Vermont has to do with af- I think, now, in 1999, there is really challenging CRA has, I think, in that fordable housing. If anything, that cri- not a sane, logical argument that can legislation that was proposed some dec- sis is becoming more acute not only in be made that in any way do Commu- ade or so ago, has actually been turned my State but in States throughout this nity Reinvestment Act requirements into a motivation. Because I think the country. So it is very clear to me that prohibit the private banking system or gentleman from Pennsylvania, as alone of the important tools that we cause it any great cost or exposure, but ways, was operating in very good faith have to build affordable housing, and in fact has made them address that re- and is of quite a significant ability. to have the banks throughout this turn; that banks are private businesses And I think the result has been that, as country play a responsible role in their but also the holders of great benefits he pointed out, that Gene Ludwig and communities is what we have done from the licensing of their bank by the the other regulators were brought to through the Community Reinvestment insurance they have in deposits and by the table, including the Federal De- Act, which, in fact, is working ex- access to the open window. They now posit Insurance Corporation and the of- tremely well in this country today and know that they can perform even fice of Comptroller of the Currency, as which must not be weakened. something better for their community well as the Federal Reserve Board, who I would agree with the gentleman by being a good citizen. are now all strong proponents of CRA. from New York (Mr. LAFALCE) in his And quite frankly, I would like to In streamlining the process, we made remarks of a few moments ago that if take the time to congratulate these it easier for smaller banks to comply CRA is weakened, we should not pass banks, the community banks, the re- and able to deliver the tremendous re- any banking legislation that does that, gional banks and the large banks. Over sults in 1996 that the gentleman talked and I would strongly urge the Presi- the last 8 years, since I drafted that about. We are talking about hundreds dent to veto any legislation which amendment, I think they have made of billions of dollars of investment. weakens CRA. major strides, proving that smart re- That means homes, that means jobs. Mr. Speaker, I recently took part in invented government, as instituted Obviously, a good economy has helped, a ribbon cutting celebration to com- under President Clinton and Gene Lud- but, clearly, CRA is meeting those memorate the successful redevelop- wig, when he was Comptroller of the local needs. It is a great success, even ment of the Applegate Housing Devel- Currency, have really established a if Congress did have something to do opment in Bennington, Vermont. The program, cleaned away the problem with crafting the policy and perhaps successful redevelopment project in- areas, and have led to real participa- perfecting it and getting an adminis- volved the efforts of many good people tion. tration that frankly has operated in and organizations, including the resi- Let me mention some of that partici- good faith. Instead of fighting this, this dents, who in fact came together pation. In 1997, banks and thrifts sub- administration decided to use it and to through a strong tenants’ association. ject to CRA reporting requirements shape it and to craft it so it would A nonprofit housing developer, civic made $2.6 million small business loans serve working families across this Na- leaders, the people in Bennington and totaling $159 billion. And they also tion. their local government played a very

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14059 positive role in this effort, as well as must strengthen it. Congress is once tailored and targeted to meet and to government officials and local banks. again considering a bill to quote, un- try to serve those communities are And the CRA was a vital part of that quote modernize the financial services very helpful. effort. system. But that bill fails to modernize Now, there are many aspects that Until recently, Applegate was an the CRA to preserve its effectiveness in have happened simply because CRA has apartment complex where the plumb- the changing financial system. The acted as a catalyst. In other words, the ing water backed up into the bathtubs, changes taking place in today’s finan- necessity is that banks need to do this vacancy rates exceeded 50 percent, and cial marketplace threaten to make it and they are looking for creditworthy, crime was a serious problem. Today, even more difficult for low- and mod- sound business decisions to make in Applegate is a completely renovated erate-income families to get the bank their local communities and that pre- community where families can live in services they need and deserve. With- cipitates other organizations to come peace and comfort and children have out access to private capital that the forward, whether they are community the kind of opportunities to which they CRA provides for low- and moderate-in- development corporations, whether are entitled. come consumers and communities, they are local governments, whether b 2000 homes will not be renovated, small they are faith-based organizations, whether they are neighborhood housing The truth of the matter is that the businesses will not be started, new jobs State of Vermont has a network of ex- will not be created, and neighborhoods services, some of the very laws that we cellent community banks that is work- will not be rebuilt. put in place. One, of course, is the Neighborhood ing with local nonprofit housing devel- We need to save the CRA from those Reinvestment Corporation, which has opers to build and rehabilitate housing in Congress who would tear it down. I set up a goal over a period of years to for the benefit of low- and moderate-in- urge my colleagues to resist any effort come families. CRA helps them make to weaken the CRA. in fact provide 25,000 new homeowners an important part the American Again, I want to thank the gen- by 2002. And they are almost halfway dream, a decent and safe place to live tleman from Minnesota (Mr. VENTO) for there. And just to read the numbers, accessible to all Vermont. his leadership role in this. the median income for participating The CRA encourages federally in- Mr. VENTO. Mr. Speaker, I thank families is about $25,000. And that is 36 sured financial institutions to provide the gentleman from Vermont (Mr. percent below the national median in- deposit and credit services throughout SANDERS) for his poignant comments come. The Neighborhood Reinvestment the communities in which they do busi- with regards to this. Corporation, 67 percent have very low ness, including low- and moderate-in- As we look at a successful economy incomes and 26 percent have moderate. come areas, and it is working. I think today with low income rates, at least So here they are meeting these needs. that there should not be major dis- we hope for the near future, and with But they condition do it without the agreement in this body that we simply high employment and low inflation, seeds. do not want to see banks lend to insti- and the gentleman reminds us all again We have some folks who for a long tutions and businesses that are running that while these numbers look very time the national Government pro- off to Mexico or China and investing in good in some folks’ view, the fact is vided housing programs which they those countries. We want to see banks that nobody lives on the average. I paid for building it, maintaining it, reinvest in our communities. And that think we want to come forward to- paid the subsidies, paid to keep it re- is what the CRA process is about. gether. paired. And it produced some pretty The CRA is helping to rebuild the One of the things that CRA has done good housing. Much of it still exists, as economies of the stressed commu- is to try to reach back and to pull up a matter of fact, and it is not being nities. It is making homeownership ac- those in our society that have not had threatened by the opt-out. But there cessible to more Americans. It is help- the opportunity. We hold forth the are a lot of Members here on the floor ing to start small businesses and to promise in this Nation that is we work and some other places that think all create decent paying jobs. Since it was hard that we can get ahead, that we are we have to do is provide the fertilizer. passed in 1977, CRA is credited with going to be treated fairly. And of And I would suggest that we need these lending $1 trillion in loans to low- and course an essential part of that is to seeds. And the seeds that make these moderate-income communities. And have employment, to have a fair wage, housing programs grow are the CRA this is a significant achievement. and to have a fair opportunity to par- provisions, are these small programs in CRA is good for consumers, and it is ticipate in the economy to achieve the local organizations. good for communities. It is also good American dream. That is why local communities such for the banking business because it en- I must say that this administration as our mayor organizations, the coun- courages financial institutions to look has, by virtue of its goals and by virtue ties, the States all are strong pro- for business opportunities they might of the economy, been successful in ponents of the Community Reinvest- otherwise miss. achieving that. For the first time in ment Act. It works. It is a great suc- Mr. Speaker, as I mentioned earlier, our history, 67 percent of the families cess. And it is an insurance that banks not everyone in our society is bene- in our nation have homeownership. will be questioned as to whether they fiting from the growth in our economy. That still, of course, leaves out many are meeting those local needs and serv- An estimated 10 million Americans of those that do not. And, of course, we ing those working families and their lack decent, affordable housing. It is are experiencing higher rents and all service areas need to be served. So it is not uncommon in the State of Vermont sorts of housing programs. But CRA a tremendous success. and, I dare say, in Minnesota to find specifically addresses housing. One of It is a fact, of course, that many now families paying 40, 50 or more percent the statistics, for example, is that from I think belatedly based on perhaps past of their limited income for housing. 1993, I believe these statistics are problems or impressions that they have That is not affordable housing. through 1998, African-Americans home- seek to try and erode this important In rural America, more than 9 mil- ownership mortgage loans increased by consumer law, this important focus lion people are living in poverty. Rural 58 percent and those to Hispanics by 62 that we have established for financial communities across the country can- percent and to low- and moderate-in- institutions. not get the development funds or the come borrowers by 38. Mr. Speaker, I yield further to the consumer credit they need, and in So the low and moderate market was gentleman from Vermont (Mr. SAND- urban areas the lack of affordable getting a 38-percent increase. And we ERS). housing leaves more and more working can see the African-American popu- Mr. SANDERS. I would concur with Americans without homes. lation and the Hispanic population what my friend from Minnesota said. Instead of dismantling the CRA, as greatly exceeded that, which I think But the bottom line for me is that in some in Congress would have us do, we indicates that in fact the CRA efforts this great and wealthy country, we

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14060 CONGRESSIONAL RECORD—HOUSE June 23, 1999 should be outraged that so many mil- National Bank, and the comptroller whether or not there is in fact CRA ac- lions of families are still not latching has given them great credit, but I just tivity that they are meeting, that they on to the American dream despite the want to give the gentleman from will have satisfactory rates, and that fact that they are working long and Vermont (Mr. SANDERS) and my other that rating is something that holds up, hard hours. Clearly an essential part of colleagues an idea that the percentage that CRA rates and exams go on at the what the American dream is about is of CRA loans in their portfolio in 1994 same time as other exams go on. We to have a decent house in a decent was only 14 percent. In 1995 it was 38 want banks to have enough capital. We community. percent of the portfolio. In 1996 it was want them to be subject to what we We should also understand that, if 60 percent. And in 1998, it is, get this, 75 call our CAMEL’s rates in terms of my memory is correct, the banking in- percent. It is inner city bank that was capital assets management and other dustry right now is enjoying record- not acting much like an inner city liquidity and other factors that are so breaking profits. And I think, as the bank. It was not an active participant important. gentleman from New York (Mr. LA- in the community. This is just one ex- But also, I think we want them in a FALCE) made very clear, because of ample. sense to say CRA says you cannot just acts of the United States Congress, I know that I have Western Bank in be passive, you cannot just be reactive, banks have certain benefits, among my area that is headed by a friend, Bill you have to be proactive. And that is other things, the FDIC, which guaran- Sands, this is president, long-time exactly what they are doing. tees the money that is in those banks. name in Minnesota, and is doing an ex- b 2015 And banks, therefore, have a responsi- cellent job both in terms of economic bility to their communities and many There are many ways that they can development and in terms of mortgage do this. There are in fact new aspects banks understand that. lending. But essentially, if this institution, where individual companies, entities So many of these small banks, even have sprung up that permit banks to the Congress, is to mean anything, we their organizations, for instance today have got to stand up for those people buy securities that will help them meet the American Banking Association their CRA requirement. who are not earning huge sums of supports the CRA law. And of course money, those people who are not living Supporting home ownership efforts. their counterpart, which represents a As the gentleman from Vermont knows on the mansions on the Hill. We have significant number of bank and some- got to address the needs of senior citi- from our interest in terms of housing, times smaller banks, the Independent that very often today we need to in zens and working families who are pay- Bankers Association of America, also ing 40, 50, 60 percent of their limited in- fact school individuals on what it is to supports and recognizes the changes be a homeowner. For instance, in my comes for housing. made in the law have been helpful. As my colleague the gentleman from community, I have a large population Now, individually there are probably Minnesota (Mr. VENTO) indicated, the of Southeast Asians that has emigrated some banks that are still in a state of CRA in fact has been an extremely suc- from Laos. The fact is that they did denial with regard to this law. not have as much information about cessful program. It has done what it is Mr. SANDERS. Mr. Speaker, if the supposed to do. It has created afford- what it is to be homeowners. Today gentleman would yield further, I would able in Vermont and throughout this that is turning around. Now we have comment that those banks that he is country. It has helped small business realtors that are Southeast Asians that referring to I presume are not losing create decent paying jobs. are Hmong that are in fact selling the We must stand firm against anyone money, they are making money and homes. We have others of course that in this institution who wants to weak- they are making money the right way, are buying them. They are going to be en a program that has worked so well by reinvesting in their communities. a very important part of our commu- for working families in this country. I think, not to wander away from the nity. Banks reaching out, working with Mr. VENTO. Mr. Speaker, I would subject at hand, there is a real concern these communities, trying to teach point out that today many large finan- throughout this country about the loss how you become a homeowner. What cial institutions have in fact developed of decent paying jobs and the fact that the procedures are, the requirements, departments and units within their big money interests are much more in- how you take care of a home, how you banks that are called CRA units. So terested in investing in China or Mex- manage the dollars and keep it in re- they are actively engaged. ico to help companies make a quick pair are very important in terms of The phenomenal effect of this law buck exploiting cheap labor in those home ownership. has changed in a sense the corporate countries rather than reinvesting in We have programs, as an example, structure of banks. So where before the United States, rather than rein- that deal with single parent families, they might have been more interested vesting in our community. very often women, and trying to give in loans in the Grand Cayman Islands What CRA is about, which is so es- them the resources and the know-how or some other exotic place, which obvi- sential and so right, it says reinvest in so that they can become homeowners. ously they thought they could make our communities, create new jobs in These are all programs that are helped money with, and there is nothing our communities, start small busi- and assisted by CRA, that provide some wrong with profits, nothing wrong with nesses in our communities, give people of the seed money for creditworthy financial institutions making money, affordable housing in our communities. types of ventures. We know that if we but the fact is that we also want them And you know what, banks? You can educate and invest in people, that they to serve these communities. And so make money doing that. You do not then have the ability, they may not they have developed within their cor- have to just help people invest in have as much income but they have the porate structure offices that specialize China. ability then to understand what is nec- in meeting these needs. So I think the gentleman and I are in essary and they may have a network of So within our large financial institu- agreement, the CRA is a success story. support very often through a neighbor- tions and some middle-size institu- And I hope very much that no one in hood housing services program, tions, they actually have assigned this Congress wants to come forward to dis- through a church, through social ac- responsibilities with officers that ex- mantle it or to weaken it. And if they tivities so that they have the network clusively work on community reinvest- do, I hope that the President will do support that permits them to become ment activities and they have discov- the right thing and inform them that successful homeowners. ered, lo and behold, they can make any legislation which weakens CRA We are doing the same thing, as the money out of that part of the portfolio. will be vetoed. gentleman knows, through the commu- And so with small banks I think they Mr. VENTO. Mr. Speaker, we are nity development financial institu- have a phenomenal record. going to be certain that the banks as- tions, programs like the PRIME pro- I am looking at one small bank from sume these new responsibilities, that gram and the Microenterprise pro- my community called the University there is an opportunity to examine grams, all of which depend upon banks

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14061 to come forward after we have built ca- serve System covering operations during cal- Class E Airspace; Ottawa, KS [Airspace pacity in the communities to in fact endar year 1998, pursuant to 12 U.S.C. 247; to Docket No. 99–ACE–21] received June 10, 1999, invite people to become owners of busi- the Committee on Banking and Financial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ness, to be involved in our economy. Services. mittee on Transportation and Infrastruc- 2703. A letter from the Comptroller Gen- ture. This is very essential in fulfilling the eral, transmitting a report of the Research 2713. A letter from the Program Analyst, promise of what this Nation is about in Notification System; to the Committee on Office of the Chief Counsel, FAA, Depart- terms of earning your own way, the Government Reform. ment of Transportation, transmitting the sort of rugged individualism. It is fine, 2704. A letter from the Management Ana- Department’s final rule—Amendment to but we need to build the types of capac- lyst, Office of the Inspector General, Depart- Class E Airspace; Cresco, IA [Airspace Dock- ity in terms of the people that we rep- ment of Justice, transmitting the semi- et No. 99–ACE–13] received June 10, 1999, pur- resent and the working families, which annual report on activities of the Inspector suant to 5 U.S.C. 801(a)(1)(A); to the Com- may not be like yesterday’s working General for the period October 1, 1998, mittee on Transportation and Infrastruc- through March 31, 1999, pursuant to 5 U.S.C. ture. families, but build the capacity so that app. (Insp. Gen. Act) section 5(b); to the they can be successful. Our financial 2714. A letter from the Program Analyst, Committee on Government Reform. Office of the Chief Counsel, FAA, Depart- institutions, have always been an im- 2705. A letter from the Writer/Editor, Office ment of Transportation, transmitting the portant part of that. Our banks have. of the Inspector General, National Science Department’s final rule—Standard Instru- CRA today is one way of ensuring that Foundation, transmitting the semiannual re- ment Approach Procedures; Miscellaneous they can demonstrate and pointing the port on the activities of the Office of Inspec- Amendments [Docket No. 29581; Amdt. No. way, keeping in focus the service to the tor General for the period ending March 1999, 1934] received June 10, 1999, pursuant to 5 geographic area and the service areas pursuant to 5 U.S.C. app. (Insp. Gen. Act) U.S.C. 801(a)(1)(A); to the Committee on section 5(b); to the Committee on Govern- in which these financial entities derive Transportation and Infrastructure. ment Reform. 2715. A letter from the Program Analyst, their deposits and provide their loans 2706. A letter from the Director, Financial and play that essential role that is the Office of the Chief Counsel, FAA, Depart- Services, Library of Congress, transmitting ment of Transportation, transmitting the magic of our great American economy. activities of the United States Capitol Pres- Department’s final rule—Amendment to f ervation Fund for the first six-months of fis- Class E Airspace; Neosho, MO [Airspace cal year 1999 which ended on March 31, 1999, Docket No. 99–ACE–11] received June 10, 1999, SPECIAL ORDERS GRANTED pursuant to 40 U.S.C. 188a–3; to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By unanimous consent, permission to mittee on House Administration. mittee on Transportation and Infrastruc- 2707. A letter from the Acting Director, Of- ture. address the House, following the legis- fice of Sustainable Fisheries, National Ma- 2716. A letter from the Program Analyst, lative program and any special orders rine Fisheries Service, National Oceanic and Office of the Chief Counsel, FAA, Depart- heretofore entered into, was granted Atmospheric Administration, transmitting ment of Transportation, transmitting the to: the Administration’s final rule—Fisheries of Department’s final rule—Amendment to the Exclusive Economic Zone Off Alaska; The following Members (at the re- Class E Airspace; Thedford, NE [Airspace Other Nontrawl Fisheries in the Bering Sea quest of Mr. SMITH of Washington) to Docket No. 99–ACE–23] received June 10, 1999, and Aleutian Islands [Docket No. 990304063– revise and extend their remarks and in- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9063–01; I.D. 051499A] received June 7, 1999, clude extraneous material: mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. Ms. Norton, for 5 minutes, today. mittee on Resources. Ms. Carson, for 5 minutes, today. 2708. A letter from the Acting Director, Of- 2717. A letter from the Program Analyst, Mr. Allen, for 5 minutes, today. fice of Sustainable Fisheries, National Ma- Office of the Chief Counsel, FAA, Depart- Mrs. Maloney of New York, for 5 min- rine Fisheries Service, National Oceanic and ment of Transportation, transmitting the utes, today. Atmospheric Administration, transmitting Department’s final rule—Amendment to Class E Airspace; Washington, IA [Airspace Mr. SMITH of Washington, for 5 min- the Administration’s final rule—Fisheries of the Economic Exclusive Zone Off Alaska; Docket No. 99–ACE–18] received June 10, 1999, utes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. Hinchey, for 5 minutes, today. Groundfish Fisheries by Vessels using Hook- and-Line Gear in the Gulf of Alaska [Docket mittee on Transportation and Infrastruc- Mr. Lipinski, for 5 minutes, today. No. 990304062–9062–01; I.D. 042399B] received ture. The following Members (at the re- June 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 2718. A letter from the Program Analyst, quest of Mr. SMITH of Washington) to to the Committee on Resources. Office of the Chief Counsel, FAA, Depart- revise and extend their remarks and in- 2709. A letter from the Program Analyst, ment of Transportation, transmitting the clude extraneous material: Office of the Chief Counsel, FAA, Depart- Department’s final rule—Standard Instru- Mr. Burton of Indiana, for 5 minutes ment of Transportation, transmitting the ment Approach Procedures; Miscellaneous Department’s final rule—Amendment to Amendments [Docket No. 29579; Amdt. No. each day, on June 29 and 30. 1932] received June 10, 1999, pursuant to 5 Mr. Duncan, for 5 minutes, today. Class E Airspace; Lebanon, MO [Airspace Docket No. 99–ACE–10] received June 10, 1999, U.S.C. 801(a)(1)(A); to the Committee on Mr. Fossella, for 5 minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. Mr. Wamp, for 5 minutes, on June 28. mittee on Transportation and Infrastruc- 2719. A letter from the Program Analyst, f ture. Office of the Chief Counsel, FAA, Depart- 2710. A letter from the Program Analyst, ment of Transportation, transmitting the ADJOURNMENT Office of the Chief Counsel, FAA, Depart- Department’s final rule—Standard Instru- Mr. VENTO. Mr. Speaker, I move ment of Transportation, transmitting the ment Approach Procedures; Miscellaneous that the House do now adjourn. Department’s final rule—Amendment to Amendments [Docket No. 29580; Amdt. No. Class E Airspace; Shenandoah, IA [Airspace 1933] received June 10, 1999, pursuant to 5 The motion was agreed to; accord- U.S.C. 801(a)(1)(A); to the Committee on ingly (at 8 o’clock and 18 minutes Docket No. 99–ACE–16] received June 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. p.m.), the House adjourned until to- mittee on Transportation and Infrastruc- 2720. A letter from the Director, Office of morrow, Thursday, June 24, 1999, at 10 ture. Regulations Management, National Ceme- a.m. 2711. A letter from the Program Analyst, tery Administration, Department of Vet- f Office of the Chief Counsel, FAA, Depart- erans Affairs, transmitting the Department’s ment of Transportation, transmitting the final rule—National Cemetery Administra- EXECUTIVE COMMUNICATIONS, Department’s final rule—Amendment to tion; Title Changes (RIN: 2900–AJ79) received ETC. Class E Airspace; Rolla/Vichy, MO [Airspace June 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Veterans’ Affairs. Under clause 8 of rule XII, executive Docket No. 99–ACE–26] received June 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2721. A letter from the Chief, Regulations communications were taken from the mittee on Transportation and Infrastruc- Unit, Internal Revenue Service, transmitting Speaker’s table and referred as follows: ture. the Service’s final rule—Medical Expense De- 2702. A letter from the Chairman, Board of 2712. A letter from the Program Analyst, duction for Smoking-Cessation Programs Governors, Federal Reserve System, trans- Office of the Chief Counsel, FAA, Depart- [Rev. Rul. 99–28] received June 11, 1999, pur- mitting the Eighty-Fifth Annual Report of ment of Transportation, transmitting the suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Board of Governors of the Federal Re- Department’s final rule—Amendment to mittee on Ways and Means.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14062 CONGRESSIONAL RECORD—HOUSE June 23, 1999 REPORTS OF COMMITTEES ON H.R. 2325. A bill to amend titles XVIII and with Canada relating to the establishment PUBLIC BILLS AND RESOLUTIONS XIX of the Social Security Act with respect and operation of a binational corporation to to changing the requirements for surety operate, maintain, and improve facilities on Under clause 2 of rule XIII, reports of bonds of home health agencies, durable med- the Saint Lawrence Seaway, and for other committees were delivered to the Clerk ical equipment suppliers, and others under purposes; referred to the Committee on for printing and reference to the proper the Medicare and Medicaid Programs; re- Transportation and Infrastructure, and in calendar, as follows: ferred to the Committee on Ways and Means, addition to the Committee on International Mr. YOUNG of Alaska: Committee on Re- and in addition to the Committee on Com- Relations, for a period to be subsequently de- sources. H.R. 1651. A bill to amend the Fish- merce, for a period to be subsequently deter- termined by the Speaker, in each case for ermen’s Protective Act of 1967 to extend the mined by the Speaker, in each case for con- consideration of such provisions as fall with- period during which reimbursement may be sideration of such provisions as fall within in the jurisdiction of the committee con- provided to owners of United States fishing the jurisdiction of the committee concerned. cerned. vessels for costs incurred when such a vessel By Mr. STEARNS: By Mr. ROMERO-BARCELO (for him- is seized and detained by a foreign country H.R. 2326. A bill to prohibit the expenditure self, Mr. MCDERMOTT, Mr. MCGOVERN, (Rept. 106–197). Referred to the Committee of of the Federal funds to conduct or support Mr. KENNEDY of Rhode Island, Mrs. the Whole House on the State of the Union. research on the cloning of humans, and to CHRISTENSEN, Mr. FRANK of Massa- express the sense of the Congress that other chusetts, Mr. WAXMAN, Mr. SERRANO, f countries should establish substantially and Mr. RANGEL): PUBLIC BILLS AND RESOLUTIONS equivalent restrictions; referred to the Com- H.R. 2333. A bill to amend title XIX of the mittee on Commerce, and in addition to the Social Security Act to remove special finan- Under clause 2 of rule XII, public Committee on Science, for a period to be bills and resolutions were introduced cial limitations that apply to Puerto Rico subsequently determined by the Speaker, in and certain other territories under the Med- and severally referred, as follows: each case for consideration of such provi- icaid Program with respect to medical as- By Mrs. EMERSON (for herself, Ms. sions as fall within the jurisdiction of the sistance for Medicare cost-sharing and for MCKINNEY, Mrs. LOWEY, Mrs. KELLY, committee concerned. veterans; referred to the Committee on Com- H.R. 2327. A bill to provide that pay for Mrs. MALONEY of New York, and Ms. merce, and in addition to the Committee on Members of Congress may not be increased ROS-LEHTINEN): Ways and Means, for a period to be subse- by any adjustment scheduled to take effect H.R. 2316. A bill to amend the Public quently determined by the Speaker, in each in a year immediately following a fiscal year Health Service Act to develop monitoring case for consideration of such provisions as in which a deficit in the budget of the United systems to promote safe motherhood; to the fall within the jurisdiction of the committee States Government exists; referred to the Committee on Commerce. concerned. Committee on Government Reform, and in By Mr. GREENWOOD (for himself, Mrs. By Ms. VELA´ ZQUEZ (for herself, Mr. addition to the Committee on House Admin- ROUKEMA, and Mr. HOLT): SKELTON, Ms. MILLENDER-MCDONALD, istration, for a period to be subsequently de- H.R. 2317. A bill to designate a portion of Mr. DAVIS of Illinois, Mrs. MCCARTHY termined by the Speaker, in each case for the Delaware River and associated tribu- of New York, Mr. PASCRELL, Mr. consideration of such provisions as fall with- taries as a component of the National Wild HINOJOSA, Mrs. CHRISTENSEN, Mr. in the jurisdiction of the committee con- and Scenic Rivers System; to the Committee BRADY of Pennsylvania, Mr. GON- cerned. on Resources. ZALEZ, Ms. BERKLEY, Mrs. By Mr. HAYWORTH (for himself, Mr. By Mr. SWEENEY: H.R. 2328. A bill to amend the Federal NAPOLITANO, Mr. SERRANO, Ms. SAM JOHNSON of Texas, Mr. LEWIS of BROWN of Florida, Mr. CLYBURN, Mr. Kentucky, Ms. DUNN, Mr. ENGLISH, Water Pollution Control Act to reauthorize the Clean Lakes Program; to the Committee FATTAH, Ms. JACKSON-LEE of Texas, Mr. CRANE, Mr. MCCRERY, Mr. WAT- Ms. KILPATRICK, Mr. RANGEL, Mr. KINS, and Mrs. JOHNSON of Con- on Transportation and Infrastructure. By Mr. VISCLOSKY: CUMMINGS, Mr. WYNN, Mrs. CLAYTON, necticut): Ms. LEE, Mr. MENENDEZ, Mr. ORTIZ, H.R. 2318. A bill to amend the Internal Rev- H.R. 2329. A bill to amend the Act entitled Mrs. MEEK of Florida, Ms. WATERS, enue Code of 1986 to provide corporate alter- ‘‘An Act to provide for the establishment of the Indiana Dunes National Lakeshore, and Mr. GUTIERREZ, and Ms. SANCHEZ): native minimum tax reform; to the Com- H.R. 2334. A bill to amend title 10, United mittee on Ways and Means. for other purposes‘‘to clarify the authority of the Secretary of the Interior to accept do- States Code, to extend and make improve- By Mr. MCHUGH: ments to the provisions relating to procure- H.R. 2319. A bill to make the American nations of lands that are contiguous to the ment contract goals for small disadvantaged Battle Monuments Commission and the Indiana Dunes National Lakeshore, and for businesses and certain institutions of higher World War II Memorial Advisory Board eligi- other purposes; to the Committee on Re- education, and for other purposes; to the ble to use nonprofit standard mail rates of sources. Committee on Armed Services. postage; to the Committee on Government By Mr. WELDON of Florida (for him- By Mr. STEARNS: Reform. self, Mr. BILIRAKIS, Mr. STEARNS, Ms. H. Con. Res. 142. A concurrent resolution By Mr. GARY MILLER of California BROWN of Florida, Mr. GOSS, Mr. to express the sense of the Congress that the (for himself and Mr. GREEN of Wis- DIAZ-BALART, Mr. YOUNG of Florida, Congress shall have the power to prohibit consin): Mrs. FOWLER, Mr. SCARBOROUGH, Mr. H.R. 2320. A bill to allow States to use a MICA, Mr. SHAW, Mr. MCCOLLUM, Mr. the desecration of the flag of the United portion of their welfare block grants for gen- BOYD, Mrs. THURMAN, Mr. DAVIS of States; to the Committee on the Judiciary. eral education spending; to the Committee Florida, Mr. CANADY of Florida, Mr. By Mr. LANTOS (for himself, Mr. POR- on Ways and Means. MILLER of Florida, Mr. FOLEY, Mrs. TER, Mr. LEWIS of Georgia, Mr. ACK- By Mrs. MORELLA: MEEK of Florida, Ms. ROS-LEHTINEN, ERMAN, Ms. BERKLEY, Mr. BERMAN, H.R. 2321. A bill to amend title 5, United Mr. HASTINGS of Florida, Mr. Mrs. CAPPS, Mr. DEUTSCH, Mr. States Code, to ensure that coverage under DEUTSCH, and Mr. WEXLER): GEJDENSON, Mrs. LOWEY, Mr. MAR- the health benefits program for Federal em- H.R. 2330. A bill to name the Department of TINEZ, Mr. GEORGE MILLER of Cali- ployees is provided for hearing aids and ex- Veterans Affairs outpatient clinic under con- fornia, Mr. NADLER, Ms. PELOSI, Mr. aminations therefor; to the Committee on struction at 2900 Veterans Way, Melbourne, ROTHman, Ms. SCHAKOWSKY, Mr. Government Reform. Florida, as the ‘‘Jerry O’Brien Department SHERMAN, Mr. WAXMAN, Mr. WEINER, By Mr. OBEY: of Veterans Affairs Outpatient Clinic‘‘; to and Mr. WEXLER): H.R. 2322. A bill to amend the Agricultural the Committee on Veterans’ Affairs. H. Res. 219. A resolution expressing the Adjustment Act to terminate Federal milk By Ms. DUNN (for herself, Mr. MATSUI, sense of the House of Representatives con- marketing orders; to the Committee on Agri- Mr. DREIER, Ms. ESHOO, Mr. GOOD- demning the arson attacks against three culture. LATTE, Mr. DOOLEY of California, Mr. California synagogues on June 18, 1999; to the H.R. 2323. A bill to require the national DAVIS of Virginia, and Mr. WELLER): Committee on the Judiciary. pooling of receipts under Federal milk mar- H.R. 2331. A bill to amend the Internal Rev- By Ms. MILLENDER-MCDONALD (for keting orders; to the Committee on Agri- enue Code of 1986 to increase and modify the herself, Mr. BARRETT of Wisconsin, culture. exclusion relating to qualified small business Mr. BONIOR, Mr. COYNE, Mr. H.R. 2324. A bill to amend the Agricultural stock and to provide that the exclusion re- CUMMINGS, Mr. FROST, Mr. GUTIER- Adjustment Act to terminate Federal milk lating to incentive stock options will no REZ, Ms. NORTON, Ms. JACKSON-LEE of marketing orders and to replace such orders longer be a minimum tax preference; to the Texas, Mrs. KELLY, Ms. KILPATRICK, with a program to verify receipts of milk; to Committee on Ways and Means. Mr. MCNULTY, Mrs. MEEK of Florida, the Committee on Agriculture. By Mr. OBERSTAR: Mr. MEEHAN, Mrs. NAPOLITANO, Mr. By Mr. STARK (for himself and Mrs. H.R. 2332. A bill to authorize the United SHOWS, Mr. THOMPSON of Mississippi, THURMAN): States to enter into an executive agreement and Mrs. JONES of Ohio):

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14063

H. Res. 220. A resolution expressing the H.R. 1217: Mr. WELLER, Mr. STUMP, Mr. H.R. 2306: Mrs. MEEK of Florida and Mr. sense of the House of Representatives with ACKERMAN, Mr. CLEMENT, and Mr. JENKINS. MCNULTY. regard to the heart disease in women; to the H.R. 1221: Mrs. WILSON and Mr. TERRY. H.J. Res. 41: Mrs. MINK of Hawaii, Mrs. Committee on Commerce. H.R. 1224: Ms. BERKLEY, Mr. LARSON, and LOWEY, and Ms. STABENOW. f Mr. DAVIS of Illinois. H.J. Res. 55: Mr. BARTLETT of Maryland, H.R. 1238: Mr. DAVIS of Illinois, Ms. KAP- Mr. DICKEY, Mr. HOSTETTLER, Mr. LARGENT, MEMORIALS TUR, and Mr. DEFAZIO. Mr. SOUDER, Mr. SHADEGG, Mr. PITTS, and Under clause 3 of rule XII, memorials H.R. 1257: Ms. EDDIE BERNICE JOHNSON of Mr. HERGER. Texas. were presented and referred as follows: H.J. Res. 57: Mr. HUNTER, Ms. WOOLSEY, H.R. 1265: Ms. DELAURO and Mr. ENGEL. Mr. COOK, Ms. KAPTUR, Mr. KUCINICH, Mr. 21. The SPEAKER presented a memorial of H.R. 1300: Mr. ALLEN and Mr. DREIER. TAYLOR of Mississippi, Mr. STEARNS, and Ms. the Senate of the Commonwealth of Puerto H.R. 1303: Mr. RANGEL, Mr. LEWIS of Geor- MCKINNEY. Rico, relative to Senate Concurrent Resolu- gia, and Mr. GUTIERREZ. H.J. Res. 58: Mr. ROYCE. tion No. 45 memorializing the President, the H.R. 1317: Mr. LEWIS of Kentucky and Mr. H. Con. Res. 30: Mr. SUNUNU. Congress, and the Navy of the United States SHERWOOD. H. Con. Res. 38: Mr. ENGEL, Ms. MCKINNEY, of America, on behalf and in representation H.R. 1325: Mr. LAFALCE, Mrs. MEEK of Flor- Mr. BRADY of Pennsylvania, and Ms. of the People of Puerto Rico, to immediately ida, Mr. BORSKI, and Mr. BLUMENAUER. SCHAKOWSKY. respond to the plea of our people to imme- H.R. 1358: Mr. WALDEN of Oregon. H. Con. Res. 62: Mrs. MINK of Hawaii, Mr. diately and permanently cease air and naval H.R. 1396: Mrs. MALONEY of New York, Ms. ROHRABACHER, Mr. UDALL of New Mexico, firing and bombing military practices with SCHAKOWSKY, Mr. SHERMAN, Mr. NADLER, Mr. Mr. CRANE, and Mr. MCHUGH. live ammunition in the island municipality SERRANO, Mr. WATT of North Carolina, Mr. H. Con. Res. 100: Mr. DAVIS of Illinois and of Vieques and surrounding waters; to the MEEHAN, Ms. JACKSON-LEE of Texas, Mrs. Mrs. LOWEY. Committee on Armed Services. MCCARTHY of New York, Mr. ENGEL, Ms. H. Con. Res. 124: Mrs. NAPOLITANO, Ms. 122. Also a memorial of the Senate of the PELOSI, Mr. NEAL of Massachusetts, Mr. VELA´ ZQUEZ, Mr. GEJDENSON, and Mr. FROST. State of Kansas, relative to Senate Concur- PALLONE, and Mr. EVANS. H. Con. Res. 130: Mr. LATOURETTE. rent Resolution No. 1608 memorializing the H.R. 1402: Mr. DICKS, Mr. MARTINEZ, Mr. H. Con. Res. 133: Ms. MILLENDER-MCDON- United States Congress to repeal Section ABERCROMBIE, Mr. CUNNINGHAM, Mr. DUNCAN, ALD, Mr. HINCHEY, and Mr. BERRY. 656(b) of P.L. 104–208; to the Committee on Mr. KENNEDY of Rhode Island, and Mr. GIB- H. Res. 89: Mr. MCGOVERN. Transportation and Infrastructure. BONS. H. Res. 115: Mr. INSLEE. f H.R. 1427: Mr. BLILEY. H. Res. 144: Mr. ENGEL. H.R. 1435: Mr. MANZULLO. H. Res. 146: Mr. FATTAH, Mr. GREENWOOD, ADDITIONAL SPONSORS H.R. 1509: Mr. FOSSELLA, Mr. BALDACCI, Mr. Ms. DELAURO, Mr. PALLONE, Ms. SKELTON, Ms. DELAURO, Mr. HALL of Texas, Under clause 7 of rule XII, sponsors SCHAKOWSKY, Mr. BLAGOJEVICH, Mr. ABER- Mr. KENNEDY of Rhode Island, Mr. FOLEY, were added to public bills and resolu- CROMBIE, Ms. KILPATRICK, Mr. HOUGHTON, Mr. and Mr. GEPHARDT. HINCHEY, Mr. KLECZKA, Mr. HALL of Ohio, tions as follows: H.R. 1531: Mr. RAHALL and Mr. THOMPSON Mr. MCNULTY, Mr. DINGELL, Mr. LEWIS of H.R. 5: Mr. SAXTON. of Mississippi. Georgia, Mr. SHERMAN, Mr. UDALL of Colo- H.R. 8: Mr. DOOLEY of California and Mr. H.R. 1549: Mr. PHELPS. rado, Ms. EDDIE BERNICE JOHNSON of Texas, ENGEL. H.R. 1567: Mr. EDWARDS. Mr. RODRIGUEZ, Mr. BECERRA, Mrs. THURMAN, H.R. 25: Mr. GREENWOOD. H.R. 1590: Mr. DAVIS of Illinois. Mr. WATT of North Carolina, Mr. SERRANO, H.R. 90: Ms. PELOSI and Mr. PHELPS. H.R. 1671: Mr. DAVIS of Florida and Mr. LU- Mr. CROWLEY, Mr. FOLEY, Ms. SLAUGHTER, H.R. 123: Mr. BACHUS, Ms. CALVERT, Mrs. THER. and Mr. YOUNG of Florida. JOHNSON of Connecticut, and Mr. ROGERS. H.R. 1684: Mr. MARTINEZ and Ms. SLAUGH- H. Res. 201: Mr. STARK. H.R. 303: Mr. GILMAN, Mr. FROST, and Ms. TER. RIVERS. H.R. 1714: Mr. SHADEGG. f H.R. 306: Mr. UPTON. H.R. 1796: Mr. KENNEDY of Rhode Island and PETITIONS, ETC. H.R. 347: Mr. TAYLOR of North Carolina. Ms. HOOLEY of Oregon. H.R. 413: Mr. UDALL of New Mexico and Mr. H.R. 1816: Mr. INSLEE. Under clause 3 of rule XII, ABERCROMBIE. H.R. 1832: Ms. MCKINNEY and Mr. MAR- 20. The SPEAKER presented a petition of H.R. 423: Mr. OSE. TINEZ. the Los Angeles County Federation of Re- H.R. 456: Mr. BARTLETT of Maryland. H.R. 1842: Mr. DICKS and Mr. JENKINS. publican Women, relative to Resolution No. H.R. 489: Mr. WEINER and Mr. THOMPSON of H.R. 1850: Mr. ANDREWS and Mr. CRANE. 1–99 petitioning support for House Concur- Mississippi. H.R. 1858: Mr. BLUNT, Mr. STEARNS, and Mr. rent Resolution No. 30; to the Committee on H.R. 531: Mr. ADERHOLT. ETHERIDGE. the Judiciary. H.R. 557: Mr. KUCINICH and Mr. BENTSEN. H.R. 1920: Mr. KIND. H.R. 583: Mr. BORSKI and Mr. EHLERS. H.R. 1932: Mr. DAVIS of Illinois, Mr. LUCAS f H.R. 614: Mr. LUCAS of Kentucky. of Kentucky, and Mr. GREEN of Wisconsin, AMENDMENTS H.R. 625: Mr. STUPAK. Ms. BERKLEY, and Ms. CARSON. H.R. 697: Mr. BURTON of Indiana, Mr. H.R. 1962: Mr. GANSKE. Under clause 8 of rule XVIII, pro- DEMINT, and Mr. JENKINS. H.R. 1990: Ms. EDDIE BERNICE JOHNSON of posed amendments were submitted as H.R. 721: Mr. LEWIS of Georgia. Texas. follows: H.R. 750: Mr. LARGENT. H.R. 1991: Mr. JEFFERSON. H.R. 1658 H.R. 772: Mr. UDALL of New Mexico. H.R. 2028: Mr. HOSTETTLER, Mr. ENGLISH, OFFERED BY: MR. HUTCHINSON H.R. 784: Mr. BLILEY and Mr. MORAN of Vir- and Mr. HYDE. ginia. H.R. 2088: Mr. HALL of Texas. AMENDMENT NO. 21: Page 5, strike line 22 H.R. 798: Mr. CROWLEY, Ms. RIVERS, Mr. H.R. 2125: Ms. ROYBAL-ALLARD. and all that follows through line 5 on page 9 WU, and Mr. EVANS. H.R. 2172: Mr. MCNULTY, Mr. LATOURETTE, and insert the following: H.R. 826: Mr. LAMPSON. Mr. FRANKS of New Jersey, and Mr. ‘‘(6)(A) An innocent owner’s interest in H.R. 860: Mr. OBERSTAR, Mr. QUINN, and Mr. PASCRELL. property shall not be forfeited in any judicial MENENDEZ. H.R. 2241: Mr. WEXLER, Ms. ROS-LEHTINEN, action under any civil forfeiture provision of H.R. 925: Mr. DELAHUNT and Mr. RAHALL. Mr. LUCAS of Oklahoma, and Mr. MALONEY of this title, the Controlled Substances Act, or H.R. 933: Mr. HALL of Ohio and Mrs. MINK Connecticut. the Immigration and Naturalization Act of of Hawaii. H.R. 2244: Mr. BAKER. 1952. H.R. 958: Mr. MATSUI. H.R. 2252: Mr. LARGENT. ‘‘(B)(i) With respect to a property interest H.R. 1020: Mr. BERMAN, Ms. PELOSI, Mr. H.R. 2260: Mr. POMBO, Mr. HOSTETTLER, Mr. in existence at the time the illegal act giv- BISHOP, Mr. MCGOVERN, Mr. OBERSTAR, Ms. ARMEY, and Mr. ENGLISH. ing rise to forfeiture took place, a person is SLAUGHTER, Ms. LEE, and Mr. LAMPSON. H.R. 2282: Mr. ADERHOLT. an innocent owner if the person establishes, H.R. 1039: Ms. PELOSI, Mr, DIXON, and Mr. H.R. 2283: Mr. CLAY and Mr. BISHOP. by a preponderance of the evidence— LEACH. H.R. 2300: Mrs. CHENOWETH, Mrs. EMERSON, ‘‘(I) that the person did not know that the H.R. 1057: Mr. WAXMAN and Ms. PELOSI. Mr. REGULA, Mr. CUNNINGHAM, Mr. property was being used or was likely to be H.R. 1083: Mr. GOODLATTE. ADERHOLT, Mr. BARR of Georgia, Mr. COBURN, used in the commission of such illegal act, or H.R. 1115: Ms. VALAZQUEZ, Ms. DELAURO, Mr. WELDON of Pennsylvania, Mr. FOSSELLA, ‘‘(II) that upon learning that the property and Mr. ROEMER. Mr. ISAKSON, Mrs. ROUKEMA, Mr. SOUDER, Mr. was being used or was likely to be used in H.R. 1168: Ms. WOOLSEY and Mr. TAYLOR of SWEENEY, Mr. GREEN of Wisconsin, and Mrs. the commission of such illegal act, the per- North Carolina. BONO. son promptly did all that reasonably could

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14064 CONGRESSIONAL RECORD—HOUSE June 23, 1999 be expected to terminate or to prevent such 41(e), Federal Rule of Criminal Procedure. If ‘‘(D) The institution of forfeiture pro- use of the property. such motion is filed, the court shall conduct ceedings under subparagraph (B) shall not be ‘‘(ii) With respect to a property interest ac- a hearing within 90 days and shall order the barred by the expiration of the statute of quired after the act giving rise to the for- release of the property, pending trial on the limitations under section 621 of the Tariff feiture took place, a person is an innocent forfeiture and the entry of judgment, un- Act of 1930 (19 U.S.C. 1621) if the original pub- owner if the person establishes, by a prepon- less— lication of notice was initiated before the ex- derance of the evidence, that the person ac- ‘‘(A) the Government establishes probable piration of such limitations period. quired the property as a bona fide purchaser cause to believe that the property is subject ‘‘(E) A motion made under this paragraph for value who at the time of the purchase did to forfeiture, based on all information avail- shall be the exclusive means of obtaining ju- not know and was reasonably without cause able to the Government at the time of the dicial review of a declaration of forfeiture to believe that the property was subject to hearing; entered by a seizing agency. forfeiture. A purchaser is ‘reasonably with- ‘‘(B) the Government has filed a civil for- ‘‘(F) This paragraph shall apply to any ad- out cause to believe that the property was feiture complaint against the property, and a ministrative forfeiture under this section, subject to forfeiture’ if, in light of the cir- magistrate judge has determined there is and to any administrative forfeiture under cumstances, the purchaser did all that rea- probable cause for the issuance of a warrant the Controlled Substances Act, or under any sonably could be expected to ensure that he of arrest in rem pursuant to the Supple- other provision of law that incorporates the or she was not acquiring property that was mental Rules for Admiralty and Maritime provisions of the customs laws. subject to forfeiture. Claims; Page 3, line 9, strike ‘‘C’’ and insert ‘‘G’’. ‘‘(iii) Notwithstanding any other provision ‘‘(C) a grand jury has returned an indict- H.R. 1658 of this paragraph, no person may assert an ment that includes an allegation that the OFFERED BY: MR. HUTCHINSON ownership interest under this paragraph in property is subject to criminal forfeiture; contraband or other property that is illegal ‘‘(D) the person filing the motion had no- AMENDMENT NO. 24: Page 14, line 21, strike to possess. In addition, except as set forth in tice of the Government’s intent to forfeit the ‘‘(a) IN GENERAL.—’’ and strike line 25 and all clause (ii), no person may assert an owner- property administratively pursuant to 19 that follows through line 8 on page 15. ship interest under this paragraph in the il- U.S.C. 1608, and failed to file a claim to the H.R. 1658 legal proceeds of a criminal act, irrespective property within the specified time period; OFFERED BY: MR. HUTCHINSON of State property law. ‘‘(E) the property is contraband or other (Amendment in the Nature of a Substitute) ‘‘(C) For the purposes of this paragraph: property that the moving party may not le- AMENDMENT NO. 25: Strike all after the en- ‘‘(i) An ‘owner’ is a person with an owner- gally possess; or acting clause and insert the following: ship interest in the specific property sought ‘‘(F) the property is needed as evidence in to be forfeited, including but not limited to SECTION 1. SHORT TITLE AND TABLE OF CON- a criminal investigation or prosecution. TENTS. a lien, mortgage, recorded security device or ‘‘(2) A party with standing to challenge a (a) SHORT TITLE.—This Act may be cited as valid assignment of an ownership interest. forfeiture under this section may move to the ‘‘Civil Asset Forfeiture Reform Act’’. An owner does not include— dismiss the complaint for failure to comply (b) TABLE OF CONTENTS.—The table of con- ‘‘(I) a person with only a general unsecured with Rule E(2) of the Supplemental Rules, or tents of this Act is as follows: interest in, or claim against, the property or on any other ground set forth in Rule 12(b) of Sec. 1. Short title and table of contents. estate of another person; the Federal Rules of Civil Procedure. Not- Sec. 2. Creation of general rules relating to ‘‘(II) a bailee, unless the bailor is identi- withstanding the provision of section 615 of the Tariff Act of 1930 (19 U.S.C. 1615), a party civil forfeiture proceedings. fied, and the bailor has authorized the bailee Sec. 3. Compensation for damage to seized may not move to dismiss the complaint on to claim in the forfeiture proceeding, pursu- property. the ground that the evidence in the posses- ant to the Supplemental Rules for Sec. 4. Prejudgment and postjudgment in- sion of the Government at the time it filed Admirality and Maritime Claims; terest. its complaint was insufficient to establish ‘‘(III) a nominee who exercises no domin- Sec. 5. Applicability. the forfeitability of the property.’’. ion or control over the property; or SEC. 2. CREATION OF GENERAL RULES RELATING ‘‘(IV) a beneficiary of a constructive trust. H.R. 1658 TO CIVIL FORFEITURE PRO- ‘‘(ii) A person shall be considered to have OFFERED BY: MR. HUTCHINSON CEEDINGS. known that such person’s property was being AMENDMENT NO. 23: Page 2, strike lines 12 (a) IN GENERAL.—Chapter 46 of title 18, used or was likely to be used in the commis- through 20. United States Code, is amended by inserting sion of an illegal act if the Government es- Page 3, strike lines 1 through 8 and insert the following new section after section 982: tablishes the existence of facts and cir- the following: ‘‘§ 983. Civil forfeiture procedures cumstances that should have created a rea- ‘‘(j)(1)(A) Any motion to set aside a dec- ‘‘(a) ADMINISTRATIVE FORFEITURES.—(1)(A) sonable suspicion that the property was laration of forfeiture entered pursuant to In any nonjudicial civil forfeiture proceeding being or would be used for an illegal purpose. section 609 of the Tariff Act of 1930 (19 U.S.C. under a civil forfeiture statute, with respect ‘‘(D) If the court determines, in accordance 1609), as incorporated by subsection (d), must to which the agency conducting a seizure of with this paragraph, that an innocent owner be filed not later than 2 years after the entry property must send written notice of the sei- has a partial interest in property otherwise of the declaration of forfeiture. Such motion zure under section 607(a) of the Tariff Act of subject to forfeiture, or a joint tenancy or shall be granted if— 1930 (19 U.S.C. 1607(a)), such notice together tenancy by the entirety in such property, the ‘‘(i) the moving party had an ownership or with information on the applicable proce- court shall enter an appropriate order— possessory interest in the forfeited property, dures shall be sent not later than 60 days ‘‘(i) serving the property; and the Government failed to take reason- after the seizure to each party known to the ‘‘(ii) transferring the property to the Gov- able steps to provide such party with notice seizing agency at the time of the seizure to ernment with a provision that the Govern- of the forfeiture; and have an ownership or possessory interest, in- ment compensate the innocent owner to the ‘‘(ii) the moving party did not have actual cluding a lienholder’s interest, in the seized extent of the owner’s ownership interest notice of the seizure within sufficient time article. If a party’s identity or interest is not once a final order of forfeiture has been en- to file a claim within the time period pro- determined until after the seizure but is de- tered and the property has been reduced to vided by law. termined before a declaration of forfeiture is liquid assets; or ‘‘(B) If the court grants a motion made entered, such written notice and information ‘‘(iii) permitting the innocent owner to re- under paragraph (1), it shall set aside the shall be sent to such interested party not tain the property subject to a lien in favor of declaration of forfeiture as to the moving later than 60 days after the seizing agency’s the Government to the extent of the forfeit- party’s interest pending forfeiture pro- determination of the identity of the party or able interest in the property. To effectuate ceedings in accordance with section 602 et the party’s interest. the purposes of this paragraph, a joint ten- seq. of the Tariff Act of 1930 (19 U.S.C. 1602 et ‘‘(B) If the Government does not provide ancy or tenancy by the entireties shall be seq.), which proceedings shall be instituted notice of a seizure of property in accordance converted to a tenancy in common by order within 60 days of the entry of the order with subparagraph (A), it shall return the of the court, irrespective of State law. granting the motion. property pending the giving of such notice. H.R. 1658 ‘‘(C) If, at the time a motion made under ‘‘(2) The Government may apply to a Fed- OFFERED BY: MR. HUTCHINSON this paragraph is granted, the forfeited prop- eral magistrate judge (as defined in the Fed- AMENDMENT NO. 22: Page 9, strike line 6 erty has been disposed of by the Government eral Rules of Criminal Procedure) in any dis- and all that follows through line 25 on page in accordance with law, the Government trict where venue for a forfeiture action 10 and insert the following: shall institute forfeiture proceedings under would lie under section 1355(b) of title 28 for ‘‘(k)(1) A person with standing to challenge subparagraph (B) against a substitute sum of an extension of time in which to comply the forfeiture of property seized under this money equal to the value of the forfeited with paragraph (1)(A). Such an extension section may file a motion for the return of property at the time it was disposed of, plus shall be granted based on a showing of good the property in the manner described in Rule interest. cause.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14065 ‘‘(3) A person with an ownership or with paragraph (1). Such an extension shall property as his or her primary residence and possessory interest in the seized article who be granted based on a showing of good cause. is the spouse or minor child of the person failed to file a claim within the time period ‘‘(3) Upon the filing of a civil complaint, who committed the offense giving rise to the prescribed in subsection (b) may, on motion the claimant shall file a claim and answer in forfeiture, an otherwise valid innocent owner made not later than 2 years after the date of accordance with the Supplemental Rules for claim shall not be denied on the ground that final publication of notice of seizure of the Certain Admiralty and Maritime Claims. the claimant acquired the interest in the property, move to set aside a declaration of ‘‘(d) APPOINTMENT OF COUNSEL.—(1) If the property— forfeiture entered pursuant to section 609 of person filing a claim is financially unable to ‘‘(i) in the case of a spouse, through dis- the Tariff Act of 1930 (19 U.S.C. 1609). Such obtain representation by counsel and resolution of marriage or by operation of law, motion shall be granted if— quests that counsel be appointed, the court or ‘‘(A) the Government failed to take reason- may appoint counsel to represent that per- ‘‘(ii) in the case of a minor child, as an in- able steps to provide the claimant with no- son with respect to the claim. In deter- heritance upon the death of a parent, tice of the forfeiture; and mining whether to appoint counsel to rep- and not through a purchase. However, the ‘‘(B) the person otherwise had no actual resent the person filing the claim, the court claimant must establish, in accordance with notice of the seizure within sufficient time shall take into account— subparagraph (A), that at the time of the ac- to enable the person to file a timely claim ‘‘(A) the nature and value of the property quisition of the property interest, the claim- under subsection (b). subject to forfeiture, including the hardship ant was reasonably without cause to believe ‘‘(4) If the court grants a motion made to the claimant from the loss of the property that the property was subject to forfeiture, under paragraph (3), it shall set aside the seized, compared to the expense of appoint- and was an owner of the property, as defined declaration of forfeiture as to the moving ing counsel; in paragraph (6). party’s interest pending forfeiture pro- ‘‘(B) the claimant’s standing to contest the ‘‘(4) Notwithstanding any provision of this ceedings in accordance with section 602 et forfeiture; and section, no person may assert an ownership seq. of the Tariff Act of 1930 (19 U.S.C. 1602 et ‘‘(C) whether the claim appears to be made interest under this section— seq.), which proceedings shall be instituted in good faith or to be frivolous. ‘‘(A) in contraband or other property that within 60 days of the entry of the order ‘‘(2) The court shall set the compensation it is illegal to possess; or granting the motion. for that representation, which shall be the ‘‘(B) in the illegal proceeds of a criminal ‘‘(5) If, at the time a motion under this equivalent to that provided for court-ap- act unless such person was a bona fide pur- subsection is granted, the forfeited property pointed representation under section 3006A chaser for value who was reasonably without has been disposed of by the Government in of this title, and to pay such cost, there are cause to believe that the property was sub- accordance with law, the Government shall authorized to be appropriated such sums as ject to forfeiture. institute forfeiture proceedings under para- are necessary as an addition to the funds ‘‘(5) For the purposes of paragraph (2) of graph (4). The property which will be the otherwise appropriated for the appointment this subsection a person does all that reason- subject of the forfeiture proceedings insti- of counsel under such section. ably can be expected if the person takes all tuted under paragraph (4) shall be a sum of ‘‘(3) The determination of whether to ap- steps that a reasonable person would take in money equal to the value of the forfeited point counsel under this subsection shall be the circumstances to prevent or terminate property at the time it was disposed of plus made following a hearing at which the Gov- the illegal use of the person’s property. interest. ernment shall have an opportunity to There is a rebuttable presumption that a ‘‘(6) The institution of forfeiture pro- present evidence and examine the claimant. property owner took all the steps that a rea- ceedings under paragraph (4) shall not be The testimony of the claimant at such hear- sonable person would take if the property barred by the expiration of the statute of ing shall not be admitted in any other pro- owner— limitations under section 621 of the Tariff ceeding except in accordance with the rules ‘‘(A) gave timely notice to an appropriate Act of 1930 (19 U.S.C. 1621) if the original pub- which govern the admissibility of testimony law enforcement agency of information that lication of notice was completed before the adduced in a hearing on a motion to suppress led to the claimant to know the conduct giv- expiration of such limitations period. evidence. Nothing in this paragraph shall be ing rise to a forfeiture would occur or has oc- ‘‘(7) A motion made under this subsection construed to prohibit the admission of any curred; and shall be the exclusive means of obtaining ju- evidence that may be obtained in the course ‘‘(B) in a timely fashion, revoked permis- dicial review of a declaration of forfeiture of civil discovery in the forfeiture proceeding sion for those engaging in such conduct to entered by a seizing agency. or through any other lawful investigative use the property or took reasonable steps in ‘‘(b) FILING A CLAIM.—(1) Any person claim- means. consultation with a law enforcement agency ing such seized property may file a claim ‘‘(e) BURDEN OF PROOF.—In all suits or ac- to discourage or prevent the illegal use of with the appropriate official after the sei- tions brought for the civil forfeiture of any the property. zure. property, the burden of proof at trial is on The person is not required to take extraor- ‘‘(2) A claim under paragraph (1) may not the United States to establish, by a prepon- dinary steps that the person reasonably be- be filed later than 30 days after— derance of the evidence, that the property is lieves would be likely to subject the person ‘‘(A) the date of final publication of notice subject to forfeiture. If the Government to physical danger. of seizure; or proves that the property is subject to for- ‘‘(6) As used in this subsection— ‘‘(B) in the case of a person receiving writ- feiture, the claimant shall have the burden ‘‘(A) the term ‘civil forfeiture statute’ ten notice, the date that such notice is re- of establishing any affirmative defense by a means any provision of Federal law (other ceived. preponderance of the evidence. than the Tariff Act of 1930 or the Internal ‘‘(3) The claim shall set forth the nature ‘‘(f) INNOCENT OWNERS.—(1) An innocent Revenue Code of 1986) providing for the for- and extent of the claimant’s interest in the owner’s interest in property shall not be forfeiture of property other than as a sentence property. feited in any civil forfeiture action. imposed upon conviction of a criminal of- ‘‘(4) Any person may bring a direct claim ‘‘(2) With respect to a property interest in fense. under subsection (b) without posting bond existence at the time the illegal conduct giv- ‘‘(B) the term ‘owner’ means a person with with respect to the property which is the ing rise to the forfeiture took place, the an ownership interest in the specific prop- subject of the claim. term ‘innocent owner’ means an owner who— erty sought to be forfeited, including a lien, ‘‘(c) FILING A COMPLAINT.—(1) In cases ‘‘(A) did not know of the conduct giving mortgage, recorded security device, or valid where property has been seized or restrained rise to the forfeiture; or assignment of an ownership interest. Such by the Government and a claim has been ‘‘(B) upon learning of the conduct giving term does not include— filed, the Attorney General shall file a com- rise to the forfeiture, did all that reasonably ‘‘(i) a person with only a general unsecured plaint for forfeiture in the appropriate court could be expected under the circumstances interest in, or claim against, the property or in the manner set forth in the Supplemental to terminate such use of the property. estate of another; Rules for Certain Admiralty and Maritime ‘‘(3)(A) With respect to a property interest ‘‘(ii) a bailee unless the bailor is identified Claims not later than 90 days after the claim acquired after the conduct giving rise to the and the bailee shows a colorable legitimate was filed, or return the property pending the forfeiture has taken place, the term ‘inno- interest in the property seized; or filing of a complaint. By mutual agreement cent owner’ means a person who, at the time ‘‘(iii) a nominee who exercises no dominion between the Government and the claimants, that person acquired the interest in the or control over the property; the 90-day filing requirement may be waived. property, was a bona fide purchaser for value ‘‘(C) a person shall be considered to have ‘‘(2) The Government may apply to a Fed- and was at the time of the purchase reason- known that the person’s property was being eral magistrate judge (as defined in the Fed- ably without cause to believe that the prop- used or was likely to be used in the commis- eral Rules of Criminal Procedure) in any dis- erty was subject to forfeiture. sion of an illegal act if the person was will- trict where venue for a forfeiture action ‘‘(B) Except as provided in paragraph (4), fully blind. would lie under section 1355(b) of title 28 for where the property subject to forfeiture is ‘‘(7) If the court determines, in accordance an extension of time in which to comply real property, and the claimant uses the with this subsection, that an innocent owner

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.002 H23JN9 14066 CONGRESSIONAL RECORD—HOUSE June 23, 1999 had a partial interest in property otherwise Civil Procedure, by the Court without a jury. within 20 days, the claimant may file the re- subject to forfeiture, or a joint tenancy or If the court determines that the forfeiture is quest as a motion for the return of seized tenancy by the entirety in such property, the excessive, it shall adjust the forfeiture to the property in the district court for the district court shall enter an appropriate order— extent necessary to avoid the Constitutional represented by the United States Attorney ‘‘(A) severing the property; violation. to whom the claim was referred, or if the ‘‘(B) transferring the property to the Gov- ‘‘(2) The claimant may not object to the claim has not yet been referred, in the dis- ernment with a provision that the Govern- forfeiture on Eighth Amendment grounds trict court that issued the seizure warrant ment compensate the innocent owner to the other than as set forth in paragraph (1), ex- for the property, or if no warrant was issued, extent of his or her ownership interest once cept that a claimant may, at any time, file in any district court that would have juris- a final order of forfeiture has been entered a motion for summary judgment asserting diction to consider a motion for the return of and the property has been reduced to liquid that even if the property is subject to for- seized property under Rule 41(e), Federal assets; or feiture, the forfeiture would be excessive. Rules of Criminal Procedure. The motion ‘‘(C) permitting the innocent owner to re- The court shall rule on such motion for sum- must set forth the basis on which the retain the property subject to a lien in favor of mary judgment only after the Government quirements of subsection (a) have been met the Government, to the extent of the forfeit- has had an opportunity— and the steps the claimant has taken to se- able interest in the property, that will per- ‘‘(A) to conduct full discovery on the cure the release of the property from the ap- mit the Government to realize its forfeitable Eighth Amendment issue; and propriate official. interest if the property is transferred to an- ‘‘(B) to place such evidence as may be rel- ‘‘(3) The district court must act on a mo- other person. evant to the excessive fines determination tion made pursuant to this subsection within To effectuate the purposes of this subsection, before the court in affidavits or at an evi- 30 days or as soon thereafter as practicable, a joint tenancy or tenancy by the entireties dentiary hearing. and must grant the motion if the claimant shall be converted to a tenancy in common ‘‘(l) PRE-DISCOVERY STANDARD.—In a judi- establishes that the requirements of sub- by order of the court, irrespective of state cial proceeding on the forfeiture of property, section (a) have been met. If the court grants law. the Government shall not be required to es- the motion, the court must enter any order ‘‘(8) An innocent owner defense under this tablish the forfeitability of the property be- necessary to ensure that the value of the subsection is an affirmative defense. fore the completion of discovery pursuant to property is maintained while the forfeiture ‘‘(g) MOTION TO SUPPRESS SEIZED EVI- the Federal Rules of Civil Procedure, par- action is pending, including permitting the DENCE.—At any time after a claim and an- ticularly Rule 56(f) as may be ordered by the inspection, photographing and inventory of swer are filed in a judicial forfeiture pro- court or if no discovery is ordered before the property, and the court may take action ceeding, a claimant with standing to contest trial. in accordance with Rule E of the Supple- the seizure of the property may move to sup- ‘‘(m) APPLICABILITY.—The procedures set mental Rules for Certain Admiralty and press the fruits of the seizure in accordance forth in this section apply to any civil for- Maritime Cases. The Government is author- with the normal rules regarding the suppres- feiture action brought under any provision of ized to place a lien against the property or to sion of illegally seized evidence. If the claim- this title, the Controlled Substances Act, or file a lis pendens to ensure that it is not ant prevails on such motion, the fruits of the the Immigration and Naturalization Act.’’. transferred to another person. seizure shall not be admitted into evidence (b) RELEASE OF PROPERTY.—Chapter 46 of ‘‘(4) If property returned to the claimant as to that claimant at the forfeiture trial. title 18, United States Code, is amended to under this section is lost, stolen, or dimin- However, a finding that evidence should be add the following section after section 984: ished in value, any insurance proceeds shall suppressed shall not bar the forfeiture of the ‘‘§ 985. Release of property to avoid hardship be paid to the United States and such pro- property based on evidence obtained inde- ‘‘(a) A person who has filed a claim under ceeds shall be subject to forfeiture in place pendently before or after the seizure. section 983 is entitled to release pursuant to of the property originally seized. ‘‘(c) This section shall not apply if the ‘‘(h) USE OF HEARSAY AT PRE-TRIAL HEAR- subsection (b) of seized property pending seized property— INGS.—At any pre-trial hearing under this trial if— ‘‘(1) is contraband, currency or other mon- section in which the governing standard is ‘‘(1) the claimant has a possessory interest etary instrument, or electronic funds unless probable cause, the court may accept and in the property sufficient to establish stand- such currency or other monetary instrument consider hearsay otherwise inadmissible ing to contest forfeiture and has filed a non- or electronic funds constitutes the assets of under the Federal Rules of Evidence. frivolous claim on the merits of the for- a business which has been seized, ‘‘(i) STIPULATIONS.—Notwithstanding the feiture action; ‘‘(2) is evidence of a violation of the law, claimant’s offer to stipulate to the forfeit- ‘‘(2) the claimant has sufficient ties to the ‘‘(3) by reason of design or other char- ability of the property, the Government community to provide assurance that the acteristic, is particularly suited for use in il- shall be entitled to present evidence to the property will be available at the time of the legal activities; or finder of fact on that issue before the claim- trial; ‘‘(4) is likely to be used to commit addi- ant presents any evidence in support of any ‘‘(3) the continued possession by the United tional criminal acts if returned to the claim- affirmative defense. States Government pending the final disposi- ant.’’ ‘‘(j) PRESERVATION OF PROPERTY SUBJECT tion of forfeiture proceedings will cause sub- ‘‘(d) Once a motion for the release of prop- TO FORFEITURE.—The court, before or after stantial hardship to the claimant, such as erty under this section is filed, the person the filing of a forfeiture complaint and on preventing the claimant from working, leav- filing the motion may request that the mo- the application of the Government, may— ing the claimant homeless, or preventing the tion be transferred to another district where ‘‘(1) enter any restraining order or injunc- functioning of a business; venue for the forfeiture action would lie tion in the manner set forth in section 413(e) ‘‘(4) the claimant’s hardship outweighs the under section 1355(b) of title 28 pursuant to of the Controlled Substances Act (21 U.S.C. risk that the property will be destroyed, the change of venue provisions in section 853(e)); damaged, lost, concealed, diminished in 1404 of title 28.’’. ‘‘(2) require the execution of satisfactory value or transferred if it is returned to the (c) CHAPTER ANALYSIS.—The chapter anal- performance bonds; claimant during the pendency of the pro- ysis for chapter 46 of title 18, United States ‘‘(3) create receiverships; ceeding; and Code, is amended— ‘‘(4) appoint conservators, custodians, ap- ‘‘(5) none of the conditions set forth in sub- (1) by inserting after the item relating to praisers, accountants or trustees; or section (c) applies; section 982 the following: ‘‘(5) take any other action to seize, secure, ‘‘(b)(1) The claimant may make a request ‘‘983. Civil forfeiture procedures’’; and maintain, or preserve the availability of for the release of property under this sub- property subject to forfeiture under this sec- section at any time after the claim is filed. (2) by inserting after the item relating to tion. If, at the time the request is made, the seiz- section 984 the following: ‘‘(k) EXCESSIVE FINES.—(1) At the conclu- ing agency has not yet referred the claim to ‘‘985. Release of property to avoid hardship’’. sion of the trial and following the entry of a a United States Attorney pursuant to sec- (f) CIVIL FORFEITURE OF PROCEEDS.—Sec- verdict of forfeiture, or upon the entry of tion 608 of the Tariff Act of 1930 (19 U.S.C. tion 981(a)(1) of title 18, United States Code, summary judgment for the Government as to 1608), the request may be filed with the seiz- is amended— the forfeitability of the property, the claiming agency; otherwise the request must be (1) in subparagraph (C) by inserting before ant may petition the court to determine filed with the United States Attorney to the period the following: ‘‘or any offense con- whether the excessive fines clause of the whom the claim was referred. In either case, stituting ‘specified unlawful activity’ as de- Eighth Amendment applies, and if so, wheth- the request must set forth the basis on which fined in section 1956(c)(7) of this title or a er forfeiture is excessive. The claimant shall the requirements of subsection (a)(1) are conspiracy to commit such offense’’; and have the burden of establishing that a for- met. (2) by striking subparagraph (E). feiture is excessive by a preponderance of the ‘‘(2) If the seizing agency, or the United (d) UNIFORM DEFINITION OF PROCEEDS.— evidence at a hearing conducted in the man- States Attorney, as the case may be, denies Section 981(a) of title 18, United States Code, ner provided in Rule 43(e), Federal Rules of the request or fails to act on the request as amended by subsection (c), is amended—

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.003 H23JN9 June 23, 1999 CONGRESSIONAL RECORD—HOUSE 14067 (A) in paragraph (1), by striking ‘‘gross re- States Code) who is employed by the Depart- ‘‘(l)(1) Any conveyance, including any ves- ceipts’’ and ‘‘gross proceeds’’ wherever those ment of Justice acting within the scope of sel, vehicle, or aircraft which has been used terms appear and inserting ‘‘proceeds’’; and his or her employment. or is being used in commission of a violation (B) by adding the following after paragraph (2) LIMITATIONS.—The Attorney General of section 274(a) of the Immigration and Na- (1): may not pay a claim under paragraph (1) tionality Act (8 U.S.C. 1324(a)); and ‘‘(2) For purposes of paragraph (1), the that— ‘‘(2) Any property, real or personal that— term ‘proceeds’ means property of any kind (A) is presented to the Attorney General ‘‘(A) constitutes, is derived from, or is obtained, directly or indirectly, as the result more than 1 year after it occurs; or traceable to the proceeds obtained, directly of the commission of the offense giving rise (B) is presented by an officer or employee or indirectly, from the commission of a vio- to forfeiture, and any property traceable of the United States Government and arose lation of section 274(a) of the Immigration thereto, and is not limited to the net gain or within the scope of employment. and Nationality Act (8 U.S.C. 1324(a)); or profit realized from the commission of the SEC. 4. PREJUDGMENT AND POSTJUDGMENT IN- ‘‘(B) is used to facilitate, or is intended to offense. In a case involving the forfeiture of TEREST. be used to facilitate, the commission of a proceeds of a fraud or false claim under para- Section 2465 of title 28, United States Code, violation of such section. graph (1)(C) involving billing for goods or is amended— H.R. 1658 services part of which are legitimate and (1) by inserting ‘‘(a)’’ before ‘‘Upon’’; and part of which are not legitimate, the court (2) adding at the end the following: OFFERED BY: MRS. ROUKEMA shall allow the claimant a deduction from ‘‘(b) INTEREST.— AMENDMENT NO. 27: Page 15, insert after the forfeiture for the amount obtained in ex- ‘‘(1) POST-JUDGMENT.—Upon entry of judg- line 8 the following: change for the legitimate goods or services. ment for the claimant in any proceeding to SEC. 7. BULK CASH SMUGGLING. In a case involving goods or services pro- condemn or forfeit property seized or ar- vided by a health care provider, such goods rested under any provision of Federal law Section 981(a)(1) of title 18, United States or services are not ‘legitimate’ if they were (other than the Tariff Act of 1930 or the In- Code, is amended by adding at the end the unnecessary. ternal Revenue Code of 1986) providing for following: ‘‘(3) For purposes of the provisions of sub- the forfeiture of property other than as a ‘‘(G)(i) Any monetary instrument, or com- paragraphs (B) through (H) of paragraph (1) sentence imposed upon conviction of a crimi- bination of monetary instruments, in excess which provide for the forfeiture of proceeds nal offense, the United States shall be liable of $10,000 for which a currency report re- of an offense or property traceable thereto, for post-judgment interest as set forth in quired by any provision of subchapter II of where the proceeds have been commingled section 1961 of this title. chapter 53 of title 31, United States Code, has with or invested in real or personal property, ‘‘(2) PRE-JUDGMENT.—The United States not been filed and which has been concealed only the portion of such property derived shall not be liable for prejudgment interest in any conveyance, article of luggage, mer- from the proceeds shall be regarded as prop- in a proceeding under any provision of Fed- chandise, or other container being trans- erty traceable to the forfeitable proceeds. eral law (other than the Tariff Act of 1930 or ported or transferred in interstate or foreign Where the proceeds of the offense have been the Internal Revenue Code of 1986) providing commerce or on the person of any individual invested in real or personal property that for the forfeiture of property other than as a who transports, transfers, or attempts to has appreciated in value, whether the rela- sentence imposed upon conviction of a crimi- transport or transfer such currency or mone- tionship of the property to the proceeds is nal offense, except that in cases involving tary instruments from a place within the too attenuated to support the forfeiture of currency, other negotiable instruments, or United States to a place outside the United such property shall be determined in accord- the proceeds of an interlocutory sale, the States or from a place outside the United ance with the excessive fines clause of the United States shall disgorge to the claimant States to a place within the United States. Eighth Amendment.’’ any funds representing— ‘‘(ii) Upon a showing by the property owner SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED ‘‘(A) interest actually paid to the United by a preponderance of the evidence that any PROPERTY. States from the date of seizure or arrest of currency or monetary instruments involved (a) TORT CLAIMS ACT.—Section 2680(c) of the property that resulted from the invest- in the offense giving rise to forfeiture under title 28, United States Code, is amended— ment of the property in an interest-bearing clause (i) were derived from a legitimate (1) by striking ‘‘law-enforcement’’ and in- account or instrument; and source and were intended for a lawful pur- serting ‘‘law enforcement’’; and ‘‘(B) for any period during which no inter- pose, the court shall determine what portion (2) by inserting before the period the fol- est is actually paid, an imputed amount of of the property, if any, may be forfeited lowing: ‘‘, except that the provisions of this interest that such currency, instruments, or without being grossly disproportional to the chapter and section 1346(b) of this title do proceeds would have earned at the rate de- gravity of the offense. In determining the apply to any claim based on the destruction, scribed in section 1961. amount of the forfeiture, the court shall con- injury, or loss of goods, merchandise, or ‘‘(3) LIMITATION ON OTHER PAYMENTS.—The sider all aggravating and mitigating facts other property, while in the possession of United States shall not be required to dis- and circumstance that have a bearing on the any officer of customs or excise or any other gorge the value of any intangible benefits gravity of the offense. Such circumstances law enforcement officer, if the property was nor make any other payments to the claim- include the following: the value of the cur- seized for the purpose of forfeiture under any ant not specifically authorized by this sub- rency or other monetary instruments in- provision of Federal law (other than the Tar- section.’’. volved in the offense, efforts by the person committing the offense to structure cur- iff Act of 1930 or the Internal Revenue Code SEC. 5. APPLICABILITY. of 1986) providing for the forfeiture of prop- Unless otherwise specified in this Act, the rency transactions, conceal property, or oth- erty other than as a sentence imposed upon amendments made by this Act apply with re- erwise obstruct justice, and whether the of- conviction of a criminal offense but the in- spect to claims, suits, and actions filed on or fense is part of a pattern of repeated viola- terest of the claimant is not forfeited. after the date of the enactment of this Act. tions.’’. (b) DEPARTMENT OF JUSTICE.— H.R. 1658 H.R. 2084 (1) IN GENERAL.—With respect to a claim that cannot be settled under chapter 171 of OFFERED BY: MRS. MEEK OF FLORIDA OFFERED BY: MR. SANFORD title 28, United States Code, the Attorney AMENDMENT NO. 26: At the end add the fol- AMENDMENT NO. 3: Page 42, line 15, after General may settle, for not more than $50,000 lowing: the dollar amount, insert the following: in any case, a claim for damage to, or loss of, SEC. 5. FORFEITURE FOR ALIEN SMUGGLING. ‘‘(plus an additional reduction of $1,000,000)’’. privately owned property caused by an inves- Section 981(a)(1) of title 18, United States Page 42, line 18, after the dollar amount, tigative or law enforcement officer (as de- Code, is amended by adding at the end the insert the following: ‘‘(reduced by fined in section 2680(h) of title 28, United following: $1,000,000)’’.

VerDate jul 14 2003 14:25 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR99\H23JN9.003 H23JN9 14068 EXTENSIONS OF REMARKS June 23, 1999 EXTENSIONS OF REMARKS

HAPPY 90TH BIRTHDAY, Then, as now, Anderson prided himself on quired two weekly newspapers in Princeton, GOVERNOR ELMER ANDERSON being a ‘‘liberal Republican.’’ Anderson merged them and began building a pub- achieved the chairmanship of the Senate lishing enterprise. Today it has 25 commu- Public Welfare Committee, and championed nity newspapers and 7 shoppers with $30 mil- HON. BRUCE F. VENTO mental health and child welfare programs. lion in annual sales and 475 employees. OF MINNESOTA Fridley recalls one legislative session in Until recently, when he began working on IN THE HOUSE OF REPRESENTATIVES which the DFL-oriented Liberal Caucus cap- his autobiography, Anderson produced two tured control of the House, while the Repub- signed editorials a week for his newspapers Wednesday, June 23, 1999 lican-oriented Conservatives held the Sen- that frequently were quoted by pundits and Mr. VENTO. Mr. Speaker, today Governor ate. When the major appropriations bills policymakers throughout the state. Elmer L. Anderson is 90 years of age. My sin- emerged from committee, Fridley says, a While Anderson’s eyes and limbs are fail- leading House Liberal complained, ‘‘You cere best wishes and congratulations. While ing him, his mind is as nimble as ever—and know what Elmer Anderson did? He put $10 he still is involved in projects like preserving in public office, Elmer Anderson has million more into welfare than we did.’’ serving endangered areas along the North had a profound impact shaping discourse as In 1960. Anderson won election as governor, Shore of Lake Superior. ‘‘I’ve always had well as public, social and environmental policy defeating DFL incumbent Orville Freeman. projects and when I get involved in projects, in our state of Minnesota. But the term of governor was just two years I like to see them through,’’ Anderson says. Elmer Anderson is a businessman, public at that time and his stint as Minnesota’s Not long ago, Tom Swain arranged a get- official and citizen—a Minnesota 20th century chief executive was short-lived. acquainted luncheon between Anderson and DFLers accused Anderson of rushing the new University of Minnesota President Mark renaissance man. Happy Birthday, Governor completion of Interstate 35 so he could reap Anderson. Yudof. Swain, who was serving as a univer- the political benefits. They charged that the sity vice president at the time, through the Mr. Speaker, I submit this June 17, 1999 St. rush job resulted in shoddy construction ex-governor and regents’ chairman was Paul Pioneer Press article by Steve Dornfeld that would cost the state millions to repair. someone Yudof should meet. for the RECORD. The charges ultimately proved to be false, Swain figured the luncheon would be but Anderson lost to DFL Lt. Gov. Karl [From the Pioneer Press, June 17, 1999] strictly a social occasion ‘‘But when we sat Rolvaag by a scant 91 votes. down, by golly, Elmer has his own agenda. A MINNESOTA TREASURE The close election triggered a protracted He had four for five things he wanted Yudof (Steven Dornfeld) recount in which thousands of disputed bal- to be aware of. His mind just never quits.’’ Former Gov. Elmer L. Anderson has had lots were examined, one by one. But the re- If Elmer Anderson has one shortcoming, it more careers than most of folks could man- sult did not change. is this: the man simply does not know how to Many Anderson stalwarts wanted him ‘‘to age in several lifetimes—politician, cor- retire. porate CEO, newspaper publisher, farmer, appeal it all the way’’ to the Supreme Court, philanthropist and civic leader. And he’s Swane recalls. But he says Anderson did not f been enormously successful at all of them. want to appear to be usurping the office and throw the state into political turmoil, so he IN HONOR OF THE BANGLADESH But Anderson, who turns 90 today, will be CULTURAL ALLIANCE OF THE remembered most for his high ideals his in- ‘‘gulped hard’’ and accepted the outcome. ‘‘In my early years, when I was a young novative mind and his selfless dedication to MIDWEST politician, I used to think what a waste it the public good throughout a life that was that Elmer could only serve two years as spanned most of the 20th century. He is a governor—that the state was deprived of all HON. DENNIS J. KUCINICH genuine Minnesota treasure. that talent,’’ Durenberger says. OF OHIO ‘‘It would be pretty hard to quarrel with But Durenberger says he has come to see IN THE HOUSE OF REPRESENTATIVES the notion that Elmer Anderson is Min- Anderson’s defeat as Minnesota’s ‘‘good for- nesota’s greatest living citizen,’’ says Tom tune’’—because it freed Anderson from the Wednesday, June 23, 1999 Swain, a long-time friend who headed Ander- constraints of partisan politics and enabled Mr. KUCINICH. Mr. Speaker, I rise today to son’s gubernatorial staff. the ex-governor to be the principal states- The people who know Anderson best tend honor the Bangladesh Cultural Alliance of the man and civic leader he has been for the last to speak of him in superlatives. four decades. Midwest on the occasion of the Tenth Annual ‘‘He’s about the wisest, the most prin- After leaving public office, Anderson re- Convention. cipled, the most visionary person I have ever turned to H.B. Fuller and helped build it into The BCAM was established in 1990 to unite met,’’ says former U.S. Sen. Dave Duren- a Fortune 500 company—one known for an the ethnic resident Bangladeshis of the Mid- berger, who handled community affairs for employee- and customer-centered philosophy west region for preservation and promotion of H.B. Fuller Co. when Anderson was CEO of that would be ridiculed on Wall Street today. the St. Paul adhesives manufacturing firm. Bangladeshi culture, and to promote friendship ‘‘I always had a philosophy at Fuller that and greater understanding between the peo- Russell Fridley, a leading Minnesota histo- making a profit was not our No. 1 priority,’’ rian and former director of the Minnesota Anderson says. He believed that if a business ples of Bangladesh and America. So far seven Historical Society, says Anderson ‘‘exempli- paid attention to it customers and gener- states have taken pride in promoting this ideal. fies the best of the citizen politician.’’ ously rewarded employees who did their best, Every year BCAM organizes a cultural pro- The former governor is more restrained in profits would follow. gram that includes Bangladeshi dances, dram- assessing his accomplishments. Several days But Anderson did not disappear from the as and songs by participants from each state. ago, as he reflected on his long life, Anderson political scene. He took the lead in pushing Bangladeshi cuisine, a fashion show, and said, ‘‘I cannot help but have a great sense of two major initiatives from his term as gov- special performances by prominent performing appreciation and gratitude. I have been very ernor—the enactment of the so-called Taco- lucky to have survived for so long and to nite Amendment to help revitalize Min- artists from Bangladesh are the highlights of have done well in a number of different nesota’s Iron Range, and the creation of the program. In addition, discussions on areas. Voyageurs National Park. issues related to the role of ethnic ‘‘Everyone seems so kind and so indulgent In later years, Anderson distinguished Bangladeshis in the community are carried out as you grow old—and of course, all of your himself as chairman of the University of in a friendly environment. enemies die off,’’ he added with a chuckle. Minnesota Board or Regents, president of the Promoting cultural diversity and tolerance of Anderson held public office for just 12 Minnesota Historical Society, a leader in ef- other cultures, BCAM is a wonderful example years—10 as a state senator and two as gov- forts to protect Minnesota’s natural re- ernor. He served in the Senate in the 1950s sources, a lover of books and a promoter of of how to protect cultural diversity while at the when it was dominated by rural conserv- reading. same time promoting harmony. I salute the atives who say a very limited role for state In 1976, after retiring from H.B. Fuller, An- Tenth Annual Convention of Bangladesh Cul- government. derson fulfilled a life-long dream when he ac- tural Alliance of the Midwest and commend its

● 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 jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14069 work on promoting cultural and religious diver- As the House of Representatives considers Library, and a $10 million Telecommunications sity and tolerance among all the people in the legislation to reform financial institutions, I and Multimedia system for the United States United States. must emphasize that I oppose any attempts to Tennis Center are among E.J.’s credits. Im- f weaken CRA and thus deny communities ac- portant repowering projects include the Mu- cess to much-needed mortgages, consumer seum of Modern Art, NBC, CBS, Delta Air- IN SUPPORT OF THE COMMUNITY and/or small business loans, and basic finan- lines, Tower Airlines and British Airways at REINVESTMENT ACT cial assistance. JFK Airport. I urge my colleagues to stand firm and not The tradition of hands-on leadership con- HON. JIM McDERMOTT undo the significant progress that we have tinues with the Mann family’s third generation. OF WASHINGTON made in expanding economic opportunities for Tony Mann oversaw the $22 million expansion IN THE HOUSE OF REPRESENTATIVES all segments of our society. As we consider of the Long Island Railroad car repair facility, Wednesday, June 23, 1999 H.R. 10, let’s continue to make the American spread over 15 acres with one of the most ad- dream a reality for millions more Americans by vanced robotic systems in the world. He was Mr. MCDERMOTT. Mr. Speaker, I’d like to strengthening and preserving the CRA and also responsible for the intricate and sensitive take a moment to address an issue of great data disclosure laws. Rockefeller University co-generation high tech importance: fair and equal access to capital f laboratories and computer facilities. Continuing and credit. The American dream of providing an E.J. Electric tradition, Tony Mann enjoys an for one’s family and achieving happiness and IN HONOR OF THE CENTENNIAL excellent working relationship with Local 3 security is bolstered when one is able to own ANNIVERSARY OF E.J. ELECTRIC I.B.E.W. and the community. Tony sees value one’s own home or business. Unfortunately, INSTALLATION COMPANY IN THE engineering as a principal strength of E.J., the American dream fades away when a finan- ONE HUNDRED YEAR ASSOCIA- leading to cost savings for customers. cial institution discriminates and unfairly de- TION E.J. Electric Installation Co. is committed to nies a loan to a hardworking, creditworthy early identification of advanced trends in American who happens to be a minority or live HON. CAROLYN B. MALONEY equipment and systems design and industry in a minority or working class neighborhood. OF NEW YORK ramifications of these innovations. The com- Fortunately, blatant discrimination in lending IN THE HOUSE OF REPRESENTATIVES pany brings to its projects the highest degree is declining, and homeownership and small Wednesday, June 23, 1999 of service, professionalism, and technology. business lending is on the rise. We can at- Mr. Speaker, I am honored to bring to your tribute much of this progress against so called Mrs. MALONEY of New York. Mr. Speaker, attention the century of outstanding work of- ‘‘redlining’’ to the Community Reinvestment I rise today to pay a special tribute to the E.J. fered by the E.J. Electrical Installation Com- Act (CRA). Under CRA, federal banking agen- Electric Installation Company in honor of their pany. cies grade lending institutions on how well membership on this, their centennial anniver- f they meet the credit and capital needs of all sary, in the One Hundred Year Association of the communities in which they are chartered New York. WANTED: GOOD FATHERS and from which they take deposits. Commu- For a century, E.J. Electric Installation has nity organizations, Mayors, religious leaders, been a leader in its field, growing from an era HON. BOB SCHAFFER and ordinary citizens have a right to offer their of paper and wood-line conduits and gas/elec- OF COLORADO opinions regarding the CRA performance of tric lighting fixtures to one of the leading full- IN THE HOUSE OF REPRESENTATIVES lenders during CRA exams or when banks ask service electrical contractors in the world. federal regulatory agencies for permission to Jacques R. Mann, the first of three genera- Wednesday, June 23, 1999 merge with other lenders. tions to run the company, joined E.J. Electric Mr. SCHAFFER. Mr. Speaker, fill it out, In my hometown of Seattle, Washington, in 1912, going on to pioneer the electrification send it in. You never know. My dad’s advice CRA has helped to make the dream of home- of the entertainment industry, including almost about junk-mail sweepstakes never led to any ownership a reality for hundreds of low-income every large East Coast studio. prize money, but I’m still cashing in on his families. CRA negotiations between banks and Jacques Mann designed and installed the simple lessons of life. community groups have resulted in housing Paramount Astoria motion picture studio, My brother, sister and I received many programs like Self Help, which allows families which was modernized 40 years later by his pearls of wisdom: Practice makes perfect. to use sweat-equity to help them purchase son and current E.J. Electric president, J. Stand attentive when the flag is raised. Re- their homes. The Self Help program empow- Robert Mann, Jr. The company’s credits now spect your elders. Speak the truth. Fight the ers traditionally underserved families to partici- include such renowned venues as the Rocke- good fight, finish the race, keep the faith. Wait pate in the homebuying process. The program feller Center complex and the Metropolitan until you’re married, and above all, never, ever is also a unique tool for fostering community Opera House. wear street shoes on a gym floor (he taught relations, as the families who eventually will E.J. Electric was an important contributor to physical education). become neighbors, begin to develop relation- the World War II effort by introducing light- A public school teacher, he worked two jobs ships with each other as they build their weight, pressed steel watertight panels and to put us through Catholic schools. No tele- homes. Over the years, Self Help has worked outlet boxes to the U.S. Navy, an innovation vision or friends were permitted until home- with families to build over 500 homes, and now used throughout the Navy. The Navy rec- work was complete. ‘‘D’s’’ were forbidden. CRA has been integral in financing this proc- ognized E.J. Electric with five ‘‘E’’ awards. ‘‘C’s’’ warranted serious discussion. ‘‘B’s’’ ess. Under Bob Mann’s guidance, E.J. Electric is meant we could do better. ‘‘A’s’’ were ex- CRA also helps to create new jobs for the the expert electrical firm on installation of na- pected. community. In the state of Washington, CRA tionwide computerized airline reservation sys- We had a big vegetable garden. Most sum- has been a wonderful instrument by which en- tems. The company is also a leader in design mer evenings were spent pulling weeds, snap- trepreneurs work with banks to finance loans and installation of complicated and specialized ping beans, turning compost and listening to for small businesses. As a result, The Ever- electrical systems for hospitals and health Dad’s boyhood stories, like the one about his green Community Development Association— care facilities. missing index finger, a camping trip, and an Washington state’s top Small Business Admin- Noteworthy communication installations in- errant hatchet. istration lender—reports that CRA has lever- clude the Merrill Lynch primary data center at I can recall each encounter with Betsy, my aged over $360 million in the past five years the World Financial Center, AT&T World Dad’s paddle. ‘‘Bend over. This hurts me more for small business loans, and has created Headquarters in Manhattan, and American Air- than it hurts you.’’ I never made the same mis- more than 5,000 jobs. Furthermore, CRA pro- lines, as well as installation and maintenance take twice. Right and wrong were absolute. vides economic opportunities for individuals of all voice, data, audio, video, satellite, secu- American can’t survive without dads like without spending a penny of taxpayer money. rity, and fire safety systems for U.N. buildings mine. Confronted with the recent horrifying Thus, CRA works to put valuable money and in New York. New York City’s 911 Police news accounts of youth violence and broader resources back into the communities in which Command Center, utilizing advanced business moral indifference, the importance of devoted they are located. communication expertise, the New York Public fathers couldn’t be more apparent. June 20th

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14070 EXTENSIONS OF REMARKS June 23, 1999 was Father’s Day, and this year’s observance an extraordinary figure in the history of the Tuesday to be Gladys Tantaquidgeon Day in compels more reflection than ever. Mohegan Tribe and something of an institution the state, prompting a huge roar and lengthy Any sensible American, especially in the in our area of Connecticut. applause from the crowd. ‘‘This is a great wake of April’s Columbine massacre, has to Gladys was born June 15, 1899 and has day for a great lady and a great people,’’ he said. be concerned about the status of our nation’s lived in southeastern Connecticut for the past Kenneth Reels, Mashantucket Pequot Trib- youth. Children bereft of a fully engaged father fifty years. She is an accomplished author, anal Council chairman, greeted Tantaquidgeon suffer perilous disadvantage. thropologist and historian. She is widely recog- and wished her a happy birthday before a The magnitude of the anomaly shouldn’t nized for her work researching and chronicling brief talk. surprise anyone. Clerics and social scientists herbal medicines used by Native American ‘‘Thank you for all you’ve done for our have long warned of the debilitating trends as- tribes up and down the east coast of the people, thank you for preserving the heritage United States. She is most well known in our of the Pequot people (and)keeping our ways sociated with divorce and single-parent house- alive,’’ he said, presenting her with an eagle holds. Few families overcome the dysfunction area for helping to found, and maintaining for feather. ‘‘The eagle climbs the highest, and of children disconnected from their fathers. so many years, the Tantaquidgeon Museum— also represents balance, integrity and honor. The cost is enormous. Seventy percent of the oldest Indian-run museum in America We give this feather to you because that’s men in prison, and an equal percentage of ju- today. Along with her father and brother, Glad- what you represent to us.’’ veniles in long-term detention facilities, grew ys founded the museum in 1931. Over more The Mashantuckets also gave up in fatherless homes. Children living without than six decades, Gladys—often single- Tantaquidgeon a large maroon-and-cream a father are more likely to have trouble in handedly—maintained and expanded the mu- quilt embroidered with the tribe’s familiar fox-and-tree logo and different scenes from school, become an unwed parent or involved seum. Thanks to her hard work and dedica- the Mashantucket Pequot reservation. with gangs or drugs. tion, thousands upon thousands of school chil- James A. Cunha Jr., tribal chief of the Nor are girls immune. Girls whose parents dren have learned about Native American and Paucatuck Eastern Pequots, greeted divorce may grow up deprived not experi- Mohegan history. I have attached an article Tantaquidgeon and said he remembers his encing the day-to-day interaction with an at- about Gladys from the New London Day which grandfather telling stories about her when tentive, caring and loving adult man. A Univer- I request be included following my remarks. he was young. Officials from other tribes sity of Michigan study of such girls concluded, Mr. Speaker, on behalf of residents across also spoke, including the Narragansetts of eastern Connecticut I want to thank Gladys Rhode Island; the Schaghticokes of central ‘‘* * * parental divorce has been associated Connecticut; the Mashapee of Cape Cod and a with lower self-esteem, precocious sexual ac- Tantaquidgeon for a century of dedication to representative from the Connecticut Indian tivity, greater delinquent-like behavior, and Native Americans across our country. Council. more difficulty establishing gratifying, lasting [From the New London Day, June 16, 1999] Outside the ceremony, Harris said Tantaquidgeon exerted a tremendous, posi- adult heterosexual relationships.’’ CELEBRATING A LIFE LIVED FOR HER PEOPLE tive influence on him as he was growing up. In Colorado, children in single-parent fami- (By Karen Kaplan) lies are nearly five times more likely to be ‘‘If I learned anything, she taught me Gladys Tantaquidgeon, one of Indian Coun- never to give up,’’ he said. ‘‘You always do poor than children in two-parent families. Over try’s most venerated members, a keeper of what’s right . . . The (Mohegan Tribal) na- eighteen percent of Colorado’s children do not Mohegan tribal culture, longtime Mohegan tion is truly where it is because of her.’’ live with their fathers. Tribal Medicine Woman and a noted writer, Jayne Fawcett, who lived with her aunts Coupled with powerful destructive trends curator and herbalist, celebrated her 100th Gladys and Ruth while growing up during and obsessions, today’s children are birthday Tuesday with a gala party that World War II, said she could not overesti- bombarded with evil temptations placing fa- gathered hundreds of friends, relatives, trib- mate the role her aunt Gladys played in her therless children at grave risk. Our society’s al members and dignitaries. life. Fawcett said Tantaquidgeon was a pio- A crowd packed the tent set up late Tues- preoccupation with death, sex, and instant neer for women’s rights and accomplish- day morning on the grounds of Shantok, Vil- ments long before they became a political gratification has led to a culture in decay lage of Uncas, the former Fort Shantok issue. trivializing human life itself, degrading the dig- State Park that is now part of the tribe’s Fawcett pointed out that Tantaquidgeon nity of the human person, and leaving children reservation. was the first American Indian to work for most vulnerable. Tantaquidgeon, wearing a powder blue suit the federal Bureau of Indian Affairs, and also There is still, however, abundant cause for and seated to the left of the podium at the was the curator of the federal Museum of optimism in the legions of great American fa- front of the tent with her sister, Ruth, re- Natural History and ran the federal Indian ceived gifts on a blanket set in front of her. thers like mine. Those faithfully accepting the Arts and Crafts Board. Visitors said they were delighted to see ‘‘She was responsible for working with In- responsibility of fatherhood earn our respect Tantaquidgeon, as there had been a question dian people and helping them to bring back and praise as heroes in today’s culture war. of whether she would be well enough to at- (their) traditions,’’ Fawcett said. Truly, genuine fathers regard all children as tend. ‘‘She was one of the ones who refused to gifts from God. Children are the sacred living Because of her frailty Tantaquidgeon came ride in the back of the bus,’’ Fawcett said. outward expression of conjugal love between to the party for only an hour, and tribal offi- ‘‘She appeared on national radio in the ’30s, men and women. cials did not permit visitors to get close. and her book on natural herbal remedies has Relying equivalently upon their mothers, all Tantaquidgeon is perhaps best known as cu- become a standard. She fought to preserve rator of the Tantaquidgeon Indian Museum, traditional ceremonies and to preserve our children deserve devoted fathers who strive to the oldest Indian-operated museum in the old stories and the meaning of our ancient raise their children in God’s likeness. Accord- country. symbols. These are some of the things I ingly, all devoted fathers deserve our profound The Mohegan Tribal Council, led by tribal think she will be remembered for. admiration on Fathers Day and every day. Chairman Roland J. Harris; the Mohegan ‘‘This was being done at a time when May God bestow His richest blessings upon Council of Elders, led by Carleton women simply didn’t do these things. Women them all. Eichelberg; and Chief G’Tinemong, Ralph didn’t go to college, and they didn’t strike Sturges, greeted Tantaquidgeon and guests out on their own, let alone minority f upon their arrival and wished the guest of women,’’ Fawcett added. ‘‘The encourage- MARKING THE 100TH BIRTHDAY OF honor a happy birthday. ment she’s given to so many tribal members, GLADYS TANTAQUIDGEON ‘‘These girls have been around a long to seek higher education, myself included, time,’’ said Sturges of the Tantaquidgeon has helped strengthen us as a nation. Cer- sisters. ‘‘They’re very, very close to the tribe tainly she has served as a strong role model HON. SAM GEJDENSON and they helped me. . . . Gladys is a very in that respect.’’ OF CONNECTICUT steadfast friend of mine. Happy birthday, Fawcett said Tantaquidgeon’s dedication and we’ll catch up to you someday, Gladdy.’’ to the Mohegan tribe and its culture and his- IN THE HOUSE OF REPRESENTATIVES Led by M.C. Bethany Seidel, daughter of tory was so complete that she never married. Wednesday, June 23, 1999 Tribal Vice Chairwoman Jayne Fawcett and ‘‘Everything was focused on preserving and sister of Tribal Historian Melissa Fawcett, teaching—not only Mohegans and (other) In- Mr. GEJDENSON. Mr. Speaker, I rise today everyone in the tent next read ‘‘Strawberry dians but non-Indians as well—about Mohe- to join every member of the Mohegan Tribe Moon,’’ an original poem written in honor of gans,’’ Fawcett said. ‘‘All of us felt for and countless residents across southeastern the centenarian. Sidney J. Holbrook, Gov. awhile that we might have been on the brink Connecticut in wishing a very happy 100th John G. Rowland’s co-chief of staff, read a of extinction, and this made her work even birthday to Gladys Tantaquidgeon. Gladys is proclamation from Rowland that declared more important.’’

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14071 Tantaquidgeon, whose accomplishments rome of St. Ann’s church in Nashville, Illinois doing to help refugees around the world, but were recognized last year in a book, ‘‘Re- who celebrated his 40th Anniversary of ordina- particularly the Kosovars. markable Women of the 20th Century: 100 tion. When speaking of how he maintains his Mrs. Ogata’s organization is now working Portraits of Achievement,’’ played a major positive outlook on the world today, Father Je- with more than 850,000 refugees from role in the Mohegans’ successful bid for fed- Kosovo, most of whom are in Albania and eral recognition, a status that made it pos- rome said, ‘‘. . . the answer to stop becoming sible for them to build a casino. Letters and a pessimist is to have a sense of humor. It Macedonia, two small countries, who are documents she stored in Tupperware con- has really been the mark of the greatest men struggling to aid these refugees despite their tainers under her bed have been credited as . . .’’ own substantial economic problems. UNHCR important pieces of history that helped the Father Jerome has given and received a is the lead UN agency working throughout the tribe obtain federal recognition. great deal of love to and from the dedicated countries of the former Yugoslavia. It has After working with the BIA and the Indian members he has ministered for in his numer- been hard pressed to raise the funds and find Crafts Board in the 1930s and ’40s, she re- the staff and management skills, diplomatic turned home in 1948 to help her family run ous stops over the past forty years. It would the museum. She wrote a book, ‘‘Folk Medi- serve us all if he could minister for another support and logistical support needed to han- cine of the Delaware and Related Algonkian forty years. However long his service is, it will dle such an enormous undertaking as the Indians,’’ and has received numerous awards, be a service to the people of his ministry and Kosovo refugee emergency. The organization including honorary doctorates from Yale the rest of the community. has had its problems. It depends on voluntary University and the University of Con- f contributions to fund its programs and must necticut. respond to emergencies by moving staff from HONORING THE OUTSTANDING f other duties to the latest crisis and unfortu- GRADUATES OF P.S. 15. THE nately in refugee emergencies, no one is ever TRIBUTE TO THE LATE JOHN PATRICK F. DALY SCHOOL sure just how many people will be forced to LAVOO flee their homelands, or how long they will HON. NYDIA M. VELA´ ZQUEZ have to live under difficult conditions. HON. SCOTT McINNIS OF NEW YORK Recently, the UNHCR told donor govern- OF COLORADO IN THE HOUSE OF REPRESENTATIVES ments that it still needed $30 million to meet IN THE HOUSE OF REPRESENTATIVES costs for the month of June ($143 million re- Wednesday, June 23, 1999 Wednesday, June 23, 1999 quired from March to June 30) and an addi- Ms. VELA´ ZQUEZ. Mr. Speaker, it is with tional $246 million to continue its operations Mr. McINNIS. Mr. Speaker, I would like to great pride that I ask you and my colleagues over the next 6 months. take this opportunity to recognize and pay trib- to join me in congratulating special graduates UNHCR as an intergovernmental organiza- ute to the memory of John LaVoo who died in of the 12th Congressional District of New tion works with governments, other UN and Vietnam during an ill-fated combat mission. York. I am certain that this day marks the cul- international organizations and private vol- Mr. LaVoo will, at long last, be laid to rest on mination of much effort and hard work which untary organizations to aid the refugees. The July 19, 1999, in Arlington Cemetery in Arling- has lead and will lead them to continued suc- U.S. has been one of UNHCR’s major sup- ton, Virginia. cess. In these times of uncertainty, limited re- porters both politically and financially. One of Mr. LaVoo was a native of Pueblo and a sources, and random violence in our commu- the important tasks that UNHCR must fulfill is graduate of the United States Naval Academy. nities and schools, it is encouraging to know to protect the lives and well being of refugees, On September 19, 1968, John and his navi- that they have overcome these obstacles and particularly those who are vulnerable or at-risk gator, Robert Holt, were killed when their succeeded. because of physical or mental illness, insecu- plane crashed in North Vietnam. LaVoo was These students have learned that education rity, or separation from their families. declared missing and was believed to be dead is priceless. They understand that education is Despite all the big problems UNHCR faces by the Marines, and in his honor, his widow, the tool to new opportunities and greater en- in Kosovo, it can’t forget the needs of indi- Rosalie Rusovick, commissioned the fabrica- deavors. Their success is not only a tribute to vidual families, like that of my constituents, the tion of a memorial anchor. their strength but also to the support they Halili family of San Leon, Texas whose rel- Over the years, the memorial, which has atives from Macedonia are safe today in hung in the Orman Street entryway of Tabor have received from their parents and loved ones. Texas. Lutheran Church, has served as a special Mr. Speaker, I ask that my colleagues join place for family and friends, and in the ab- In closing, I encourage all my colleagues to support the education of the youth of America. me in recognizing the tremendous contribu- sence of a gravesite, has provided them with tions of UNHCR and to its hard working staff some solace. The memorial serves as a con- With a solid education, today’s youth will be tomorrow’s leaders. And as we approach the and the NGO partners in Albania and Mac- stant reminder of the life and sacrifice of John edonia, and in Washington, who were willing LaVoo and none pass through without learning new millennium, it is our responsibility to pave the road for this great Nation’s future. Mem- to put in extra hours and deal with lots of pa- of the history behind the anchor. perwork and overcome many obstacles to Recently, the remains of Mr. LaVoo were bers of the U.S. House of Representatives I ask you to join me in congratulating the fol- speed the evacuation and the suffering of the discovered through DNA evidence, and now Halili family. his courage and sacrifice shall be honored lowing outstanding students from P.S. 15, the f through burial in Arlington. Though John will fi- Patrick F. Daly School: David Watson and nally be put to rest in Virginia, his spirit will al- Precious Scott. IN TRIBUTE TO OLGA M. JONES, ways rest in Pueblo where the anchor hangs f RECIPIENT OF THE AWARD 1999 in his memory. It is with this that I wish to pay TRIBUTE TO SADAKO OGATA DISTINGUISHED WOMEN OF my respects to Mr. John LaVoo, and I would NORTH CAROLINA like to express my gratitude to the LaVoo family for John’s strength, patriotism, and service HON. NICK LAMPSON HON. EVA M. CLAYTON OF TEXAS for our country. OF NORTH CAROLINA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 1999 TRIBUTE TO FATHER ALBERT Wednesday, June 23, 1999 JEROME Mr. LAMPSON. Mr. Speaker, I rise today to Mrs. CLAYTON. Mr. Speaker, one hundred salute and honor the United Nations High and twenty-six women were nominated to re- HON. JOHN SHIMKUS Commissioner for Refugees and its Commis- ceive an award for 1999 Distinguished Women OF ILLINOIS sioner, Mrs. Sadako Ogata. Of the Year. Seven were selected. Among the Mrs. Ogata as the United Nations High IN THE HOUSE OF REPRESENTATIVES seven is one of my constituents, Olga M. Commissioner for Refugees is responsible for Jones. Wednesday, June 23, 1999 protecting and finding solutions for refugees A Native North Carolinian, Mrs. Jones at- Mr. SHIMKUS. Mr. Speaker, I would like to around the world. I would like to pay tribute to tended public schools in our state and grad- take this time to congratulate Father Albert Je- this organization today and to the work it is uated from the Community Hospital School of

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14072 EXTENSIONS OF REMARKS June 23, 1999 Nursing. Later, she did post-graduate work at n-Shop Supermarket chain. His motivation and product of the paper manufacturing process. the University of Colorado and other institu- hard work has granted him several awards Wood pulp, as well as the rayon used in near- tions. In 1950, she became a Registered such as, Cleveland Food Dealers Association ly all tampons, undergo several production Nurse, launching a career that has taken her ‘‘Retailer of the Year’’ Award in 1983, the processes, including bleaching. The majority around the World, including Japan, Korea, ‘‘Leadership and Service Award’’ in 1989 from of pulp and paper producers use a chlorine Germany, Egypt and the Scandinavian Re- the Associated Grocery Manufactures Rep- bleaching method that results in the formation gion. She has also traveled extensively, resentatives, and the Cleveland Food Dealers of dioxin and other contaminants. As a result, throughout the United States, including Alas- ‘‘Honor Award’’ in 1993. In 1997 Mr. Rego re- trace amounts of dioxin are present in most ka. And, currently she serves as Director of ceived the Ohio Grocers Association’s ‘‘Indus- paper products, from toilet paper to tampons. the Martin County Alzheimer’s Group Respite try Service Award.’’ Dioxin is also found in varying levels Program in Williamston, North Carolina. Donna Kelly Rego presently serves as throughout the environment, but are women More than three decades of her nursing ca- Chairperson of the MetroHealth System. For being subjected to additional and potentially reer was spent in the United States Army the past twenty-one years, Mrs. Rego has avoidable exposures to dioxin through tampon Nurse Corps, where she attained the rank of served as Pastoral Associate at St. Malachi use? Let me put dioxin in perspective, be- Colonel. Her experience with the Army and Church and is presently engaged as an orga- cause we only have to consult recent history the opportunities she was afforded to travel nization specialist working with religious and to know of the potentially disastrous effects of helped cement her deep, unflinching commit- non-profit organizations. Also, Mrs. Rego is an this substance. Dioxin is a member of the ment to health care and to a concern for oth- educator and a certified pastoral Minister in organochlorine group, which includes the con- ers. She always knew she wanted to be a the Diocese of Cleveland. Mrs. Rego currently taminants found in Agent Orange, the Vietnam nurse, recounting how despite her mother’s chairs the Board of Trustees for the St. War-era defoliant, and at Love Canal. death when she was only five, the white nurs- Malachi Center and serves as trustee for the But let’s consult the experts as well. Accord- ing uniform that her mother wore remained Cleveland Health Network, the Center for ing to a 1994 report issued by the Environ- etched in her mind. Health Affairs, the Federation for Community mental Protection Agency, dioxin is a known Mr. Speaker, health care demands the most Planning and the Benjamin Rose Center. She cancer-causing agent in animals, as well as a attentive and considerate among us, those has received several awards such as: The probable human carcinogen. My bill is specifi- who are faithful, loyal, and steadfast. It is a Henry F. Meyers Award, Outstanding Women cally concerned with the possible links be- profession that requires individuals who are of Achievement (Cleveland YWCA, 1992), tween dioxin in tampons and ovarian, cervical, courteous, thoughtful and kind. Mrs. Olga M. Belle Sherwin Award (League to Woman Vot- and breast cancers, as well as other potential Jones has reflected those qualities in all that ers 1993), Crain’s Women of Influence (1997). hazards. she has done, over the years. She is an inspi- I ask that my distinguished colleagues join A 1996 EPA study has also linked dioxin ex- ration, a breath of fresh air, a pillar of strength, me in commending Anthony C. Rego and posure with increased risks for endometriosis, a tough lady with a tender heart. She has Donna Kelly Rego for their lifetime dedication, an often painful menstrual-related condition dared to be different, and she has made a dif- service, and leadership to their community. that is a leading cause of infertility. Further, ference. Their large circle of family and friends can be the EPA has concluded that people with high One must gasp for air when reviewing all proud of the significant contribution these exposure to dioxin may be at risk for other ef- that Mrs. Jones has done. She has taught prominent individuals have made. Our commu- fects which could suppress the immune sys- nursing classes. She has given instruction in nity has certainly been rewarded by the true tem, increase the risk of pelvic inflammatory nutrition. She has organized exercise classes. service and uncompromising dedication of An- disease, reduce fertility, and possibly interfere She has recruited many, many volunteers for thony C. Rego and Donna Kelly Rego. with normal fetal and childhood development. community work. She has coordinated youth f The EPA conclusions regarding dioxin expo- programs. She has organized blood drives. sure are particularly alarming in light of a 1989 And, she is a member of numerous civic orga- INTRODUCTION OF THE TAMPON Food and Drug Administration report, which nizations. Despite all that she does, this loving SAFETY AND RESEARCH ACT OF stated that ‘‘possible exposures from all other wife and devoted mother keeps the proper pri- 1999 AND THE ROBIN DANIELSON medical device sources would be dwarfed by orities in perspective, reserving important time ACT the potential tampon exposure.’’ Why? Be- and effort to family and church. I urge all of cause the average woman may use as many my colleagues to join me in saluting, Mrs. HON. CAROLYN B. MALONEY as 16,500 tampons during her lifetime. If Olga M. Jones, a 1999 Distinguished Woman OF NEW YORK dioxin is putting women at risk, could the long- of North Carolina. IN THE HOUSE OF REPRESENTATIVES term use of tampons increase that risk? f What makes these toxic residues in tam- Wednesday, June 23, 1999 pons even more disturbing is they come in di- IN HONOR OF ANTHONY C. REGO Mrs. MALONEY of New York. Mr. Speaker, rect contact with some of the most absorbent AND DONNA KELLY REGO earlier this year I introduced two important tissue in a woman’s body. According to Dr. pieces of women’s health legislation—H.R. Philip Tierno, Jr., director of microbiology and HON. DENNIS J. KUCINICH 890, The Tampon Safety and Research Act of immunology at New York University Medical OF OHIO 1999, and H.R. 889, The Robin Danielson Act. Center, almost anything placed on this tis- IN THE HOUSE OF REPRESENTATIVES The research and reporting called for in these sue—including trace amounts of dioxin—gets bills will finally give women the accurate infor- absorbed into the body. Wednesday, June 23, 1999 mation they need to make informed decisions According to researchers, dioxin is stored in Mr. KUCINICH. Mr. Speaker, I rise today to about their health as it relates to tampon use. fatty tissue—just like that found in the vagina. pay tribute to Anthony C. Rego and Donna Why is the issue of tampon safety impor- And women have more body fat than men, Kelly Rego, on the occasion of being honored tant? Because tampons are used by 73 million possibly allowing them to more efficiently store with The John R. Cunin Lamplighter Humani- American women—that’s 53% of American dioxin from all sources, not just tampons. tarian Award. This award is to honor philan- women and almost a third of the total popu- Worse yet, the effects of dioxin are cumu- thropic leaders whose involvement in business lation. A woman may use as many as 16,500 lative, and can be measured as much as 20 and community assists individuals and families tampons in her lifetime. Given these numbers, or 30 years after exposure. This accumulation in meeting their needs through programs of shouldn’t we be certain that these products is cause for particular concern, because a service and empowerment. are safe? woman may be exposed to dioxin in tampons Anthony C. Rego is a dedicated business- I introduced two tampon safety bills because for approximately 55 years over the course of man is the supermarket industry. As a teen- there are two separate issues that must be her reproductive life. ager, he started his career in the supermarket addressed. The question, of course, is why it is accept- industry by working in the family grocery busi- Why is The Tampon Safety and Research able to have this toxic substance in tampons— ness. He helped the family business grow Act important? Because tampons and other despite the advice of an FDA scientist to the from two supermarkets to ten stores by dedi- related products often contain additives, syn- contrary. A 1989 agency document reported cating 25 years of his life in the Rego’s Stop- thetic fibers, and dioxin. Dioxin is a toxic by- that ‘‘the most effective risk management

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14073 strategy would be to assure that tampons, and es the many potentially harmful additives in when women fully understand the con- menstrual pads for good measure, contain no tampons, including chlorine compounds, ab- sequences that they can make truly informed dioxin.’’ Why has there been far more testing sorbency enhancers, and synthetic fibers, as decisions about their reproductive health. on the possible health effects of chlorine- well as deodorants and fragrances. Most peo- Mr. Speaker, I hope my colleagues will join bleached coffee filters than on chlorine- ple are surprised to learn these additives are me in this fight to get accurate health informa- bleached tampons and related products? My commonly found in these products. tion to the women of America. Their future fer- bill seeks to address this inadequacy, and fi- Toxic Shock Syndrome is a rare bacterial ill- tility, and perhaps their lives, may depend on nally give women the most accurate, up-to- ness which caused over 50 deaths between it. date information available regarding this crit- 1979 and 1980, when the link between tam- f ical health concern. pons and TSS was first established. According Although the FDA currently requires tampon to a 1994 study, of the Toxic Shock cases oc- HONORING COLORADO BOYS manufacturers to monitor dioxin levels in their curring in menstruating women, up to 99% STATE TRACK 2A CHAMPIONS— finished products, the results are not available were using tampons. Obviously Toxic Shock HOLYOKE to the public. When I—as a Member of Con- Syndrome is still a women’s health concern, gress—requested the information, the FDA and its link to tampons has become more HON. BOB SCHAFFER told me it was proprietary and therefore could clear. We do not know enough about the po- OF COLORADO not be released. It should be noted the dioxin tential risks associated with such additives. IN THE HOUSE OF REPRESENTATIVES tests relied upon by the FDA are done by the Independent research has already shown syn- Wednesday, June 23, 1999 manufacturers themselves, who, not surpris- thetic fiber additives in tampons amplify toxins, ingly insist their products are safe. Some of which are associated with Toxic Shock Syn- Mr. SCHAFFER. Mr. Speaker, I rise today my constituents have written to say that this is drome. to extend my heartiest congratulations to the the equivalent of the fox guarding the hen- Reporting of TSS to the Centers for Disease Holyoke boys track team on their impressive house. Control and Prevention is currently optional State 2A Championship. These young men How much dioxin exposure is considered and uneven. No one knows the actual number displayed an impressive combination of talent, safe for humans? And does the fact that tam- of TSS occurrences or deaths. Because doc- determination, and teamwork to earn a share pons are in direct contact with absorbent tis- tors do not report all cases of TSS and be- of the 2A State Championship. sue, and for extended periods of time, make cause local health departments are swamped The State 2A Championship is the highest whatever levels of dioxin tampons possess with other higher-ranking concerns, Toxic achievement in high school track. The cham- even more dangerous? Is this the equivalent Shock is greatly under-reported. My bill estab- pions receive a coveted trophy which symbol- of a ticking time bomb, capable of increasing lishes a CDC program to implement manda- izes more than just the team and its coach, women’s risks for several life-threatening or tory collection of Toxic Shock Syndrome data. Mr. Vann Manly. It also represents the fertility-threatening diseases? Unfortunately I want to share an excerpt from a letter writ- staunch support of the runners’ families, fellow there are no easy answers. We simply don’t ten to me by a TSS survivor addressing the students, school personnel and the commu- have instructive, persuasive evidence either importance of The Robin Danielson Act and nity. From now on, these people can point to way. TSS research: ‘‘I think women are mis- the 1999 boys track team with pride, and Many experts believe, however, if the slight- informed about the dangers and risks that go know they were part of a remarkable athletic est possibility exists that dioxin residues in with using tampons. I know that I remember endeavor. Indeed, visitors to Holyoke and the tampons could harm women, the dioxin should hearing about it years ago but had always school will see a sign proclaiming the boys 2A simply be eliminated. I also believe we should thought that tampons now were very safe to State Championship, and know something err on the side of protecting women’s health. use. Apprently this is not true and many special had taken place there. Tampon manufacturers are not required to dis- women today are dying from this disease and The Holyoke track team is a testament to close ingredients to consumers, although it goes unreported. the old adage that the team wins games, not many have taken the positive step of volun- Women, like Robin Danielson, are still dying individuals. Each team member should be tarily disclosing this information. Unfortunately, from this terrible disease. It is imperative that proud of his own role. These individuals are women are still being forced to take the word we are able to accurately inform women of the the kind of people who lead by example and of the industry-sponsored research that these risk of Toxic Shock associated with tampon serve as role-models. With the increasing pop- products are completely safe. use, and that women are well aware of that ularity of sports among young people, local I should also not that this is not the first time risk. We know there is a dangerous link be- athletes are heroes to the youth in their home a Member of Congress has expressed con- tween tampon use and TSS. What we don’t towns. I admire the discipline and dedication cern about this issue. In 1992, the late Rep- know is how prevalent the disease is among these high schoolers have shown in success- resentative Ted Weiss of New York brought tampon users. The only means to determine fully pursuing their dream. the issue up in a subcommittee hearing of the the current risk of Toxic Shock and to raise The memories of this storied year will last a Committee on Government Operations. He did awareness of the disease is to require system- lifetime. I encourage all involved, but espe- this after his staff had uncovered internal FDA atic reporting through the CDC. cially the Holyoke runners, to build on this ex- documents which suggested the agency had Currently, the CDC believes that women are perience by dreaming bigger dreams and not adequately investigated the danger of at increased risk for developing Toxic Shock achieving greater successes. I offer my best dioxin in tampons. due to a false sense of security, believing that wishes to the team as they move forward from My bill, The Tampon Safety & Research Act there is no longer a risk for developing the dis- their State 2A Championship to future endeav- (H.R. 890), would direct the National Institutes ease. To make matters worse, the diagnosis ors. of Health (NIH) to conduct research to deter- of Toxic Shock is difficult because the symp- f mine the extent to which the presence of toms are flu-like and can be easily mis-diag- dioxin, synthetic fibers, and other additives in nosed or ignored. Knowing the continued risk IN MEMORY OF DONALD L. tampons and related menstruation products for contracting Toxic Shock is the only way to ALFIERO pose any health risks to women. An NIH study raise awareness among women and their phy- would provide American women with inde- sicians. More knowledgeable women and phy- HON. SAM GEJDENSON pendent research, so they will not have to rely sicians will recognize TSS symptoms earlier, OF CONNECTICUT solely on research funded by tampon manu- diagnose Toxic Shock more readily, and pre- IN THE HOUSE OF REPRESENTATIVES facturers. vent needless deaths. The second bill I have introduced, The The fact is, women do not have the informa- Wednesday, June 23, 1999 Robin Danielson Act, calls for a program at tion they need to make sound decisions about Mr. GEJDENSON. Mr. Speaker, I rise with the Centers for Disease Control and Preven- their health. For the sake of women’s well- great sorrow on the passing of Donald L. tion (CDC) to track instances of Toxic Shock being, we need accurate, independent infor- Alfiero of Norwick, Connecticut. Don was a Syndrome (TSS). This bill is named in mem- mation. American women have a right to know friend to me and thousands in Norwick, a ory of Robin Danielson, a 44 year-old mother about any potential hazards associated with dedicated husband and a tireless public serv- of two who last year of TSS. This bill address- tampons and other related products. It is only ant.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14074 EXTENSIONS OF REMARKS June 23, 1999 Don Alfiero worked hard day-in and day-out A resident of Pueblo, Colorado, Mel Takaki to join me in congratulating special graduates on behalf of everyone in Norwich. He served has taken an active role to better his commu- of the 12th Congressional District of New on several boards and commissions and was nity. Recently, Mr. Takaki, a Pueblo civic lead- York. I am certain that this day marks the cul- a senior member of the City Council. He rec- er, was recognized with a ‘‘Distinguished Serv- mination of much effort and hard work which ognized the importance of education and ice Award’’ from the University of Colorado for has lead and will lead them to continued suc- fought to ensure that the students in his com- his work in medicine and community service. cess. In these times of uncertainty, limited re- munity had the very best. Don Alfiero was A graduate of the Northwestern Dental sources, and random violence in our commu- more than a remarkable public servant, he School, Mel Takaki has previously been hon- nities and schools, it is encouraging to know was a great person. He was gregarious and ored by the University of Colorado as an hon- that they have overcome these obstacles and outspoken, but compassionate above all else. orary alumnus. He was nominated for the succeeded. I have attached an editorial from the Norwich ‘‘Distinguished Service Award’’ by Dr. Robert These students have learned that education Bulletin that describes Don well which I re- Schrier, chairman of the CU Health Services is priceless. They understand that education is quest be included following my statement. Center in Denver, Colorado. the tool to new opportunities and greater en- Mr. Speaker, Don Alfiero’s memory will live Mr. Takaki has worked to better the commu- deavors. Their success is not only a tribute to on and endure in Norwich. He will always be nity of Pueblo in various capacities. He has their strength but also to the support they a model for those of us in public service. cared for the citizens of Pueblo through his have received from their parents and loved work as a dentist, and he has provided leader- [Editorial from the Norwich Bulletin] ones. ship as an economic-development leader and In closing, I encourage all my colleagues to LOSS OF DON ALFIERO STUNS AND DIMINISHES former City Council president. He is an out- support the education of the youth of America. NORWICH AND COUNCIL standing citizen and great contributor, and for With a solid education, today’s youth will be Donald L. Alfiero died suddenly yesterday morning and his loss has stunned and sad- this I would like to express my gratitude and tomorrow’s leaders. And as we approach the dened this city. pay tribute to him for his extraordinary efforts. new millennium, it is our responsibility to pave As husband, neighbor, alderman, volun- f the road for this great Nation’s future. Mem- teer—and simply a good guy—Don Alfiero bers of the U.S. House of Representatives I touched a lot of people hereabouts and al- TRIBUTE TO GERALDINE ‘‘GERRY’’ ask you to join me in congratulating the fol- ways for the better. SCHNEIDER lowing outstanding students from the El Don was 62, retired from Electric Boat, and Puente Academy: Lily Andugar, Indra Camo, the senior member of the Norwich City HON. JOHN SHIMKUS Council. A Democrat, Don represented Pre- Isable Espinal, Ana Hernandez, Evelyn Her- OF ILLINOIS cinct 9. But you didn’t have to be a Demo- nandez, Mia Hilton, Luis Johnson, Miriam crat or live in his precinct to call Don IN THE HOUSE OF REPRESENTATIVES Nunez, Maria Perez, Marvin Rodriquez, Luis Alfiero a friend. Wednesday, June 23, 1999 Ramos, Gerson Santillana, Rodlofo Solis, If ever there were anyone of whom it could Mr. SHIMKUS. Mr. Speaker, I would like to Omar Torres, Jennifer Valentin, Octovio be said led by example, Don Alfiero was that Vargas, Taiesah Vasquez, and Essany Velaz- man. He was involved, he listened and—re- take this time to congratulate Geraldine gardless of what others thought—Don always ‘‘Gerry’’ Schneider on completing her general quez. spoke his mind and did what he thought best. educational development certificate at Lewis f That didn’t always win him great popularity; and Clark Community College on June 10, INTRODUCTION OF ZERO CAPITAL but for Don being popular was secondary to 1999, at age 58. Ms. Schneider was born with GAINS PROPOSAL being right. cerebral palsy. His service to the city was extensive. Don Despite this disability, Ms. Schneider dili- was vice chairman, then chairman of the gently worked to learn the three R’s. Her work HON. JENNIFER DUNN Democratic Town Committee, and remained at Lewis and Clark Community College that OF WASHINGTON active with it after that. He was a member of IN THE HOUSE OF REPRESENTATIVES the Mohegan Park Advisory Committee, the began in 1994, has allowed her to become ac- Public Parking Commission, City Hall Ren- tively engaged in issues on disabilities as a Wednesday, June 23, 1999 ovations Committee and the Public Works resident of Godfrey, Illinois. She was ap- Ms. DUNN. Mr. Speaker, Mr. MATSUI and I and Capital Improvements Committee. pointed to the Illinois Planning Council on De- are introducing a bold proposal to zero out Don’s and his wife Anna’s commitment to velopment by former Governor Jim Edgar, and capital gains taxes for those who invest in our education is well known. Anna is chair- has moved out of nursing and group homes to woman of the Norwich Board of Education. burgeoning high tech industry. We are joined Lines on a resume do not adequately de- live with a companion Raymond Boyle since by our colleagues on both sides of the aisle scribe Don Alfiero. Though they had no chil- her educational progress. who are leaders in the effort to foster a dren, Don was a grandfatherly kind of guy Her success can also be attributed to Sup- healthy economic climate in which our nation’s who loved his city and the people who live port Systems Services; a nonprofit organiza- high tech companies can continue to thrive. here. tion that provided the funds allowing Gerry to The American economy is moving quickly It’s appropriate to recall that shortly be- pay for her classes. I believe this is an excel- from one dominated by large corporations to fore he died, Don was on the radio with John- lent example of local service organizations one whose growth is fueled by emerging en- ny London, cheerleading for his city and caring about people, and helping dreams be- summer festivals at Howard T. Brown Park. trepreneurial high-growth companies. Entre- Don Alfiero was a nice man, but more im- come realities. I commend both Geraldine preneurial companies are today’s leaders in portantly he was a good man. His presence in Schneider and Support Systems Inc. for their job creation, technological innovation, and this city will be missed. efforts. international competitiveness. America’s future Anna has our sympathy. Don has our pray- I want to congratulate Gerry, in particular, economic well-being lies in the hands of to- ers. The Norwich City Council has big shoes for receiving her hard-earned and much de- to fill. day’s emerging companies and the central or- served GED. Her personal efforts to persevere ganizing principle for our nation’s economic f and overcome adversity are an inspiration to policy should be entrepreneurship. us all. TRIBUTE TO MEL TAKAKI Over the course of many years, a complex f fabric of public policies have created the envi- HON. SCOTT McINNIS HONORING THE OUTSTANDING ronment in which entrepreneurial firms compete. Due to the fact that the public policy OF COLORADO GRADUATES OF THE EL PUENTE needs of this community have not been articu- IN THE HOUSE OF REPRESENTATIVES ACADEMY lated in a united fashion or widely understood Wednesday, June 23, 1999 HON. NYDIA M. VELA´ ZQUEZ by policy makers, however, the basic ‘‘building Mr. MCINNIS. Mr. Speaker, I would like to blocks’’ used to enhance economic growth OF NEW YORK take a moment to recognize one of Colorado’s have not been properly constructed. I rise IN THE HOUSE OF REPRESENTATIVES outstanding individuals, Mel Takaki. In doing today to begin to lay the foundation for this so, I would like to pay tribute to an individual Wednesday, June 23, 1999 policy and ensure that the engine that drives who, time and again, has exemplified the no- Ms. VELA´ ZQUEZ. Mr. Speaker, it is with this economy has access to the fuel it needs tion of public service and civic duty. great pride that I ask you and my colleagues to thrive: capital.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14075 Entrepreneurs are synonymous with jobs. In generation American of Austrian immigrant Her public relations and managerial skills, as the last three years there has been over a mil- parents and Blanch Van Kirk, whose American well as her commitment to serve others, are lion new jobs created in the high tech sector roots date to the 17th century New Amster- second to none. alone. More importantly, the average wage of dam colony and Scotch-Irish settlement in Ms. Richards’ educational credentials are a high tech job is $53,000 per year, 77 per- Pennsylvania. Foster is descended largely impressive. She has utilized her creativity and cent higher than the private sector as a whole. from Scottish Highlanders with Scotch, English social skills in her teaching position at Dunbar By creating an environment for entrepreneur- and Irish ancestors. High School in Temple, Texas. Indeed, she ship to thrive, we also ensure that ‘‘spin off’’ Foster Burton was born in Wheeling, West has made it a priority to pass on her edu- companies develop to foster even greater job Virginia. He served three years in the United cational skills to others. In addition, she has creation and technological development. No- States Marine Corp before receiving an Hon- received many awards in recognition of her where is this more clearly demonstrated than orable Discharge in 1946. Dr. Burton earned commitment to community development. Her in the biotechnology and computer industries bachelor degrees in Civil Engineering and In- volunteer efforts have touched the lives of that have grown up in my home state of dustrial Management from Carnegie Tech. He many. Washington. then earned his Master of Business Adminis- On June 24, 1999, we should take a mo- The bill I am introducing today will ensure tration from New York University and a Ph.D. ment to look back at more than 30 years of that these new capital-intensive small busi- in economics from the University of Pittsburgh. great achievements that Billie Richards has nesses will have the money they need to cre- Dr. Burton accepted a teaching position in my given to the Dallas community. ate innovative technologies and create jobs. home state, at Arizona State University (ASU), Therefore, I ask that all citizens of Dallas By raising the Section 1202 definition of small where he served as a professor of the Del join in celebrating June 24, 1999 as ‘‘Billie business from $50 million to $300 million and Webb School of Construction for 24 years. Richards Day.’’ raising the capital gains exclusion from 50% to Peggy Burton was born in Washington, f 100% for both individuals and corporations, Pennsylvania. Her family moved to Wheeling we can create a climate in which individual in- when she was fourteen. Mrs. Burton received CONGRATULATIONS TO COACH vestors are rewarded for their risky investment both her Bachelors degree in Fine Arts and RED HILL, ABRAHAM BALDWIN and entrepreneurs have the tools they need to Master of Education degree from ASU while AGRICULTURAL COLLEGE, succeed. maintaining a household with three children. NJCAA CHAMPIONS MEN’S TEN- Capital gains taxes are one of this nation’s Mrs. Burton was the first official Director of the NIS primary obstacles to job creation and techno- Tempe Historical Museum. She also served as logical innovation. Anything to reduce the ef- the Exhibition Coordinator for ASU’s Public HON. SAXBY CHAMBLISS fective or actual rate on capital gains taxes will Events Division. OF GEORGIA help put more money in the hands of our na- Since their retirement, Peggy and Foster IN THE HOUSE OF REPRESENTATIVES tion’s most enterprising citizens and lift the Burton’s primary source of enjoyment has Wednesday, June 23, 1999 standard of living for everyone. been their five grandchildren. Now their three In addition to the capital gains provisions in children, Foster, Margaret (Meg) and Eliza- Mr. CHAMBLISS. Mr. Speaker, I want to the bill, I am also posposing to eliminate In- beth, carry on their parent’s legacy of service congratulate Abraham Baldwin Agricultural centive Stock Options from the calculation of to Arizona. College in Tifton, Georgia for recently winning the individual Alternative Minimum Tax. To- In this day and age, it is rare to see couples the National Junior College Athletic Associa- day’s high tech employers are having a dif- with the fortitude to remain committed to each tion’s men’s tennis title. The Stallions had pre- ficult time recruiting and retaining skilled pro- other and truly honor their wedding vows. The viously won the title in 1984, and have once fessionals because of the incredibly high de- Burton’s dedication to their family, community again proven to be the best Junior College mand for people knowledgeable about com- and each other is an inspiration to all Ameri- tennis team in the nation. Both national titles puters. One of the principal ways employers cans. I know that my fellow members will join were won with the Stallions under the direction can retain qualified employees is through In- me in wishing them a sincere congratulations of Coach Norman ‘‘Red’’ Hill. This year’s title centive Stock Options, which help supplement for their fifty years together. is especially sweet, as Coach Hill retired after the employee’s income while giving them an f thirty-four years of dedication to ABAC, and to ownership role in the company. Unfortunately, its students. the Alternative Minimum Tax is preventing MS. BILLIE RICHARDS AND Red Hill began his career at ABAC in 1965. many employees from receiving more com- ‘‘BILLIE RICHARDS DAY’’ During the past thirty-four years, Coach Hill pensation and, therefore, is limiting the use of has built a nationally recognized, well-re- ISOs as a retention tools. This bill will fix this HON. EDDIE BERNICE JOHNSON spected program. Having recruited some 300 problem to ensure that both employers and OF TEXAS students from around the world to play tennis employees can continue to benefit from the IN THE HOUSE OF REPRESENTATIVES at ABAC, Coach Hill was much more than a coach. Sure, he was building a nationally rec- economic boom being created by the high Wednesday, June 23, 1999 tech sector. ognized program, but he was also instilling Over the course of the next year, I expect Ms. EDDIE BERNICE JOHNSON of Texas. character, integrity, and hard work in those a healthy debate over tax policy. It is my hope Mr. Speaker, I rise to join the constituents of whose lives he influenced. that this bill will put the primary focus of this the 30th Congressional District of Texas, the Coach Hill has won more men’s college ten- debate where it ought to be: removing incen- resident of Dallas and my colleagues in the nis matches than any other coach in America. tives to economic freedom and entrepreneur- House of Representatives in taking great He led ABAC teams to national tournaments ship. pleasure to proclaim June 24, 1999 as ‘‘Billie thirty-four consecutive times, won twenty-nine I urge my colleagues to support this effort. Richards Day.’’ regional championships, has been ranked in f Mr. Speaker, Ms. Richards has served the the top five national rankings for the past five Dallas County commissioner’s court as man- years, and has won two national champion- A TRIBUTE TO PEGGY AND ager of the Dallas County Home Loan Coun- ships. FOSTER BURTON seling Center for more than ten years. She Red became the fourth person in 1993 to be has demonstrated continued dedication to help inducted into the NJCAA Men’s Tennis Hall of HON. ED PASTOR those low to moderate income level house- Fame. The Georgia Sports Hall of Fame OF ARIZONA holds in reaching the American dream of awarded Coach Hill with an Achievement in IN THE HOUSE OF REPRESENTATIVES home ownership. Her hard work has allowed Sports Award; he has been designated as an many families to take part in a dream that Honorary Alumnus by ABAC’s Alumni Asso- Wednesday, June 23, 1999 would otherwise have been unattainable. ciation, and will retire with Emeritus status. Mr. PASTOR. Mr. Speaker, fifty years ago, Mr. Speaker, Ms. Richards accomplished a Mr. Speaker, Red Hill spent his career mak- on June 18, 1949, Peggy and Foster Burton lot during her tenure as executive director of ing a difference in the future of this country. were married in Wheeling, West Virginia. the Neighborhood Housing Services of Dallas, Those thirty-four years contributed to the suc- Peggy is the daughter of Larry Gideon, a first Inc. and the Bethlehem Community Center. cess of the many lives that Red influenced.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14076 EXTENSIONS OF REMARKS June 23, 1999 Now, ending his career with another national value placed on human life, violence in the Then, Second Lieutenant Kelly reported to championship, Coach Red Hill retires a leg- media, etc.) However, addressing these cul- The Basic School in Quantico, Virginia, for six end. I commend Coach Hill and the ABAC tural factors will take time. Most must be months of basic officer training. Upon his addressed by families and communities, not Tennis program for their success. Congress. One of the only major things Con- graduation from that school, John Kelly re- f gress can do is to tighten loopholes and reported for duty with the Second Battalion, Sec- GUN SAFETY LEGISLATION duce children’s access to guns. So the ques- ond Marine Regiment, Camp Lejeune, North tion is, will you show leadership to address Carolina, where he served as a Platoon Com- this one action you can take? Or will you mander, a Rifle Company Executive Officer, pretend that the status quo is okay? HON. MARK UDALL an Assistant Operations Officer, and Com- OF COLORADO I urge you once again to pass the Juvenile manding Officer of a rifle company. In Novem- IN THE HOUSE OF REPRESENTATIVES Justice bill with the gun control amendments passed by the Senate. If you are un- ber 1977, he was promoted to First Lieuten- Wednesday, June 23, 1999 willing to do so, I ask you to ponder these ant. Subsequent non-Fleet Marine Force as- Mr. UDALL of Colorado. Mr. Speaker, last questions: What useful purpose is there for signments from 1979 to 1984 included service week, the House of Representatives had the the semi-automatic weapons like the one as the Executive Officer for Marine Detach- opportunity to pass sensible gun safety laws used to kill my son? Why do we need imported gun clips holding more than ten bul- ments, aboard the USS FORRESTAL and the to keep guns out of the hands of juveniles and lets, like the one used to kill my son? How USS INDEPENDENCE, and as the Ground criminals, and to make our communities many more school shootings or how many Officer Assignment Monitor at Headquarters, safer—but we didn’t. more gun deaths would there have to be be- United States Marine Corps, Washington, DC. When we debated the bill, I supported the fore you would put aside concerns about ‘bu- During this time, he was promoted to Captain. McCarthy amendment because it contained reaucratic burdens on gun owners’ and vote He also graduated from Georgetown Univer- against the NRA and for common sense gun common sense proposals that would have sity in 1978, where he earned a Masters De- closed the gun show loophole, banned large laws? How many??? gree in National Security Studies. capacity ammunition clips and required child On my son’s web site I will place your voting record on this issue. Just as the NRA In June of 1984, Captain Kelly was as- safety locks on newly purchased handguns. pressures you and holds you accountable, so After that amendment was defeated, I voted too will I. In just 12 days since it began, the signed to the Third Battalion, Fourth Marine against the final version of the gun bill be- web site has had well over 5,000 hits, and I Regiment, and he commanded both Rifle and cause its background check provision would expect more as time goes on. I hope you will Weapons Companies. Upon being promoted have given criminals the opportunity to buy honor Coloradans and our God by doing the to the rank of Major, John Kelly served as the guns at gun shows and it would have weak- RIGHT thing. Battalion’s Operation Officer. In June 1987, ened our current background check laws. The I encourage you to visit my son’s web site Major Kelly was transferred to Quantico, Vir- final House bill would have made it easier for (www.danielmauser.com) so you’ll be reminded of the human costs of these tragic ginia, where he was initially assigned as the a criminal to purchase handguns, and that shootings. I welcome your response to this Section Head, Offensive Tactics at The Basic was unacceptable. letter, as would the thousands of Coloradans School. In April 1988, Major Kelly was as- As I have gone door-to-door talking with logging on to the web site. signed as the Officer in Charge and Chief In- people and visiting schools in my district, there Sincerely, structor at the Marine Corps Infantry Officer is no doubt that people overwhelmingly sup- TOM MAUSER. Course, also located at Quantico, Virginia. He port common sense laws to keep guns out of held this position until August 1990, at which the hands of kids and criminals. My constitu- f time he was reassigned as a student at Ma- ents don’t care about politics. They care about TRIBUTE TO COLONEL JOHN rine Corps Command and Staff College and whether their children are going to be safe FRANCIS KELLY, UNITED later to the School for Advanced Warfighting. when they are at school. And as a father of STATES MARINE CORPS two children in public schools, I understand In June 1992, Major Kelly transferred to the their concerns. HON. FLOYD SPENCE First Marine Division, Camp Pendleton, Cali- Those concerns were eloquently expressed fornia, and he assumed the duties as Com- OF SOUTH CAROLINA in a letter I received from Tom Mauser, whose manding Officer of the First Light Armored Re- son Daniel was one of the students murdered IN THE HOUSE OF REPRESENTATIVES connaissance Battalion, where he was pro- at Columbine High School. I am attaching his Wednesday, June 23, 1999 moted to Lieutenant Colonel. letter to this statement, and I urge all Mem- Mr. SPENCE. Mr. Speaker, I rise today to John Kelly arrived for duty as the Marine bers of the House—particularly the leadership recognize an exceptional United States Ma- Corps’ Liaison Officer at the House of Rep- of the Judiciary Committee—to review it care- rines officer, Colonel John Francis Kelly. Next resentatives in June of 1995. In this capacity, fully as we move toward a conference with the week, Colonel Kelly completes a highly suc- he has been instrumental in providing the Senate on the Juvenile Justice legislation. cessful four year tour as the Marine Corps’ Li- Congress with in-depth knowledge of the Ma- DEAR REPRESENTATIVES HEFLEY, MCINNIS, aison to this body. It is a pleasure for me to rine Corps. Most importantly, Mr. Speaker, SCHAFFER and UDALL: I am Tom Mauser, fa- recognize a few of his many outstanding Colonel John Kelly has come to epitomize ther of Columbine High School victim Daniel Mauser. While I do not live in your district, achievements. those qualities that we as a Nation have come as an advocate for common sense gun laws I A native of Brighton, Massachusetts, John to expect from our Marines—absolutely impec- have heard from people from all over Colo- Kelly initially served in the United States Mer- cable integrity and character, as well as pro- rado through a web site I’ve set up in honor chant Marines until 1969. On September 10, fessionalism. of my son (www.danielmauser.com). These 1970, John Kelly dedicated himself to the John Kelly was promoted to Colonel, at a people have expressed fear about the safety service of this Country by enlisting in the Ma- of their children. Many believe in common rine Corps. Upon graduating from the Marine ceremony in which I had the honor to partici- sense gun laws, and though they don’t speak Corps Recruit Depot at Parris Island, South pate, at the House of Representatives in July with the intensity of NRA members, I think 1998. His personal awards include two Meri- their voices should also be heard. Carolina in November 1970, he was designated as a Rifleman and conducted training torious Service Medals, four Navy-Marine I urge you to pass the Juvenile Justice bill Corps Commendation Medals and the Navy- now before the House with the gun control with the Infantry Training Regiment, until Feb- amendments as passed by the Senate intact. ruary 1971. Due to his exemplary perform- Marine Corps Achievement Medal. Mr. Speak- Please don’t water them down, don’t create ance, he was meritoriously promoted ahead of er, John Kelly has served our Country with more loopholes, and don’t approve poison his peers to the grades of Private First Class, distinction for the past twenty-six years. As he pills that would deter passage. Lance Corporal, Corporal, and Sergeant. He continues to do so, I call upon my colleagues There are those who think I am singularly from both sides of the aisle to wish him, his focused on gun control. No, in ALL of my was discharged from the Marine Corps in Sep- public appearances I have clearly stated that tember 1972. Soon after graduating from the lovely wife Karen, and their three children, there are many factors that are responsible University of Massachusetts, Colonel Kelly John Jr., Robert, and Kathleen, much contin- for the tragedy at Columbine and other was commissioned as a Marine Corps Second ued success in the future, as well as fair schools (lack of parental oversight, lack of Lieutenant, in November 1975. winds and following seas.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14077 TRIBUTE TO WEST POINT DR. WILLIAM R. WILSON, JR. IS NATIVE SON narian in Pueblo, Colorado, and I would like to GRADUATE RALPH WARE FOR 1999 pay tribute to him for his hard work, dedication William R. Wilson Jr., M.D., today will be and service to citizens of Pueblo and their HON. BOB SCHAFFER awarded the Norwich Rotary Club’s Native pets. Son honor for 1999. Bill left Norwich many After graduating from high school, Mr. OF COLORADO years ago, and since that departure he has Gradisar was drafted and served two years in IN THE HOUSE OF REPRESENTATIVES distinguished himself both throughout this country and internationally as a cardiac sur- the Army. Searching for a career after com- Wednesday, June 23, 1999 geon and, specifically, a pediatric cardiac pleting his military service, Mr. Gradisar re- Mr. SCHAFFER. Mr. Speaker, I rise to rec- surgeon. membered his admiration of dogs and decided ognize a young man dedicated to excellence The son of Margaret Sullivan Wilson and to become a veterinarian. in the service of his Country. On May 29, the late W. Robert Wilson—and the brother He enrolled at Colorado State University, 1999, Cadet Captain Ralph Ware of Aurora, of Margaret, known hereabouts as Peggy— was accepted to vet school and in 1960, he Bill was born in Norwich in 1954 and grew up graduated and returned to Pueblo to work for Colorado, Graduated from the United States on Lincoln Avenue and Canterbury Turn- Military Academy at West Point, New York. Dr. Ed Eden for several years. After gaining pike. valuable experience from Dr. Eden, Mr. The United States Military Academy is During his early years here, Bill learned to among the most prestigious military acad- golf and ski. He and his sister volunteered Gradisar established his own practice which emies in all the world. The Academy selects for Head Start, and Bill had stints locally he has maintained since 1964. only the best and brightest young people of with a bank and the American Ambulance His dedication to the health of animals has our nation to serve and study at West Point Service. instilled in the owners of his patients a sense for four years. Once admitted, the cadet must His early learning took place at the John of trust which now brings the third generation Mason and Samuel Huntington schools, of some families to his office. Mr. Gradisar has endure the most rigorous training, testing his Kelly Junior High and, finally, the Norwich mind, body and spirit on a daily basis. As the not only cared for the animals which have vis- Free Academy from which he graduated in ited his office, but he has also volunteered cadet meets each challenge, he is trans- 1972. While his curriculum vitae and indi- formed into a new, multifaceted person, capa- time and services to the humane society. vidual honors are much too extensive to enu- Individuals such as Mr. Fran Gradisar, who ble of serving his country in the face of any merate here, his education continued at contribute to the community in which they live, obstacle. This transformation culminates in Kenyon College, the University of Con- and set a good example for all, are a rare graduation, where each cadet celebrates the necticut, the Medical Center Hospital of breed. Today, as Mr. Gradisar opens the page achievements of the past and the possibilities Vermont and Case Western Reserve Univer- sity. on a new chapter in his life, I would like to of the future. During his time in Kenyon, Bill served as offer my gratitude for his work ethic and for Mr. Speaker, it is my privilege to congratu- a town volunteer firefighter. In the course of the inspiration which he has provided. It is late Cadet Captain Ralph Ware and all of the those duties, he responded to a horrific car clear that Pueblo has benefitted greatly from East Point graduates. With confidence, I look accident where one person died at the scene, his practice. I would like to congratulate him forward to their leadership in America. another at the hospital. That spurred his initial interest in medicine. on a job well done, and wish him the best of f Bill’s skill today—which includes surgery luck in all of his future endeavors. on infants and more than 125 heart trans- f IN RECOGNITION OF THE CON- plants—takes brilliance, a steady hand and TRIBUTIONS OF DR. WILLIAM R. enormous dedication. INTRODUCTION OF LEGISLATION WILSON, JR. Bill was 35 before he finished training and TO PROVIDE HEALTH COVERAGE went to work. FOR HEARING AIDS FOR FED- He has taught anatomy, been staff and ERAL EMPLOYEES HON. SAM GEJDENSON chief physician, and today is chief of cardio- OF CONNECTICUT vascular surgery at The Children’s Hospital, HON. CONSTANCE A. MORELLA IN THE HOUSE OF REPRESENTATIVES University Hospital and Clinics in Columbia, Mo. OF MARYLAND Wednesday, June 23, 1999 He’s licensed in Vermont, Minnesota, Illi- IN THE HOUSE OF REPRESENTATIVES Mr. GEJDENSON. Mr. Speaker, I rise today nois, Ohio and Missouri. He’s led medical Wednesday, June 23, 1999 missions to Peru and the Republic of Georgia to congratulate Dr. William R. Wilson, Jr. upon Mrs. MORELLA. Mr. Speaker, today I am in- receiving his Norwich Rotary Club’s Native in the former Soviet Union. Today, when he’s not saving or improving troducing legislation that would provide cov- Son award for 1999. Dr. Wilson is a distin- the quality of human lives, Bill and his wife, erage for hearing aids under the health bene- guished son of Norwich and an extraordinary Joan, and their children Bobby, Brandon and fits program for Federal employees. humanitarian. Alaina make their home in Columbia, Mo. Hearing loss is a health issue. If hearing Dr. Wilson is a highly skilled cardiac sur- With family, job and an occasional round loss is not treated, it can affect the general geon specializing in pediatric cardiology. He is of golf, the demands on Bill’s time are con- and psychological health of an individual. chief of cardiovascular surgery at The Chil- siderable. And though today he calls Mis- Studies show that people with hearing loss souri home, he will always be a Norwich na- dren’s Hospital, University Hospital and Clinics often suffer serious emotional and social con- in Columbia, Missouri. Dr. Wilson has per- tive, one of whom this community is enormously proud. sequences. Untreated hearing loss can lead to formed more than 120 heart transplants, in- The Norwich Rotary Club has made a fine depression, anxiety, stress and chemical de- cluding on the youngest Americans. choice in selecting Dr. Wilson as 1999 Native pendency which results in an increase in med- However, Dr. Wilson is more than just a sur- Son. On behalf of the community, we extend ical visits and hospital stays. geon, he is a humanitarian. He has traveled our congratulations to a man who has made Many people feel that there is a stigma at- across the world to use his skills to better the us very proud. tached to hearing loss and try to hide it. This lives of people who live in nations which do Well done, Bill, and welcome home. is especially true of employees who fear that not enjoy the medical care available in our f they will be seen as less than competent in great country. Thanks to Dr. Wilson, children the workplace if they admit that they have a around the globe have been given a precious TRIBUTE TO MR. FRAN GRADISAR hearing loss. gift—the opportunity to grow up healthy and Hearing loss affects about nine million happy. I have attached an editorial from the HON. SCOTT McINNIS Americans over the age of 65 and 10 million Norwich Bulletin commending Dr. Wilson OF COLORADO Americans between 45 and 64. About three which I request be included following my re- IN THE HOUSE OF REPRESENTATIVES out of five older Americans and six out of marks. seven middle-aged Americans with hearing Wednesday, June 23, 1999 Mr. Speaker, I join residents from Norwich loss do not wear a hearing aid. More than in congratulating Dr. William Wilson, Jr. on re- Mr. MCINNIS. Mr. Speaker, I would like to one-half of the non-users cite the cost as a ceiving this prestigious award. He is a humani- take a moment to recognize and honor Mr. reason for not wearing a hearing aid. tarian, a tribute to his family and a great am- Fran Gradisar. Later this month, Mr. Gradisar Hearing aids are a major uncovered health bassador for our country. will retire after 39 years as a leading veteri- care expense. The average cost of a hearing

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14078 EXTENSIONS OF REMARKS June 23, 1999 aid in 1997 was $971. By providing health COMMEMORATING THE RETIRE- Seiberling, my predecessor in Congress. With care coverage, this legislation will ensure that MENT OF THOMPSON SCHOOL Rep. Seiberling, she reprised her role as con- federal employees and their families will be DISTRICT TEACHERS gressional staffer, becoming his District Direc- able to afford much-needed hearing aids. tor for several years. There are a number of insurance policies HON. BOB SCHAFFER Then she ran a number of key local cam- that cover hearing aids. The California Public OF COLORADO paigns, including my own campaigns for Employees Retirement System (CalPERS) IN THE HOUSE OF REPRESENTATIVES Mayor of Akron and for the U.S. House of provides coverage for hearing tests and hear- Wednesday, June 23, 1999 Representatives. Unlike the smoke-filled ing evaluations, at no cost. This plan also cov- rooms that local politics sometimes bring to ers up to $1,000 every three years for hearing Mr. SCHAFFER. Mr. Speaker, I rise today mind, Jane Quine used her gracious home as aids. to commemorate the ceaseless service of over the setting for countless meetings, both formal The State of Minnesota Employees Insur- 20 school teachers and principals upon their and informal, as she built a strong party net- ance provides coverage for hearing exams retirement from the Thompson School District work. She mentored, and some would say and up to 80 percent of the cost of a hearing in Loveland and Berthoud, Colorado. From mothered, politicians from across the county. aid for all its employees. And Hartford Insur- first grade to twelfth grade, these hard working All along, the values she espoused were ance offers hearing testing and the full cost of citizens have dedicated their lives to America’s democratic, in the broadest sense of the two aids every five years. youth. Through education, these mentors self- word—duty, activism, inclusion, participation, Mr. Speaker, hearing loss is one of the most lessly helped students of all ages to believe in service. prevalent chronic conditions in America. We themselves and strive to achieve their goals. A must address this serious problem by making majority of these teachers served the Thomp- In 1986, Governor Richard Celeste ap- hearing aids more affordable, so that hearing- son School District for at least 20 years, and pointed her to the University of Akron board of impaired individuals and their families can im- others have dedicated as much as 30 years in trustees, where she served through 1995. In prove the quality of their lives. the district. Their unrelenting work is truly a 1990, Jane Quine became the first woman to tribute to the Thompson School District and to chair the Summit County Democratic Party. f American public schools. She also served on the board of the Akron- Mr. Speaker, I hereby personally recognize Canton Regional Airport for most of the 1980’s PERSONAL EXPLANATION each of these educators on behalf of the as it prepared for a period of unprecedented House of Representatives of the United States growth. HON. AMO HOUGHTON of America: Debra Biernat, Bonnie Bonewitz, Those of us left behind in snowy Ohio re- OF NEW YORK Frances Clark, Carol Dormer, Nancy Erickson, gretted her leaving in 1995 for St. Augustine, IN THE HOUSE OF REPRESENTATIVES Martha Grohusky, Cecilo Gutierrez, Wayne Florida, where she immersed herself in still Gutowski, JoAnn Hanson, Vicki Hout, Ellyn Wednesday, June 23, 1999 more worthy causes. Still, a whole generation Johnson, Marion Kolstoe, James McReynolds, of Akron’s public officials found her departure Mr. HOUGHTON. Mr. Speaker, I rise to say Lee Parsons, Mary Peterson, Sandra Roorda, left a distinct void in our lives, compounded by that I missed votes numbered 204–238 from Terry Roulier, Charles Schoonover, Susan Thursday’s sad news. June 14 to 18, 1999, as I was attending the Schoonover, William Shields, William Speiser, inauguration ceremony of South African Presi- James Spoon, Karen Storm, Valerie Trujillo, Mr. Speaker, I ask that Tuesday’s editorial dent Thabo Mbeki. Mary Vogesser, and Joan Zuboy. These edu- from the Akron Beacon Journal, recounting Under the authorization of Chairman BEN cators’ devotion to children has earned the re- Mrs. Quine’s many contributions to the Akron GILMAN of the House International Relations spect of their colleagues, parents, and stu- area, by printed in the RECORD. Committee, I was the sole representative of dents. I wish them a very fulfilling retirement the U.S. Congress at the inauguration. JANE QUINE: ALWAYS A DEMOCRAT, ALWAYS and the best in all of their future endeavors. THERE FOR DEMOCRATS f f If ever there was a person associated with A TRIBUTE TO JANE QUINE, polite politics, it was Jane Quine. A genteel, IN HONOR OF THE 150TH FORMER CONGRESSIONAL old-fashioned Southerner, Mrs. Quine be- BIRTHDAY OF DAYTON, KENTUCKY STAFFER; AKRON, OHIO, ACTIV- lieved that slash-and-burn campaigns did the IST practice of professional politics, which she HON. KEN LUCAS loved, far more harm than good. Mrs. Quine, who died last week in Florida OF KENTUCKY HON. TOM SAWYER at age 81, was the rock on which many local IN THE HOUSE OF REPRESENTATIVES OF OHIO political careers were built. She was a main- Wednesday, June 23, 1999 IN THE HOUSE OF REPRESENTATIVES stay of local Democratic politics for several Wednesday, June 23, 1999 decades, including service as the first female Mr. LUCAS of Kentucky. Mr. Speaker, I rise county Democratic chairman. A self-de- today in recognition and celebration of the Mr. SAWYER. Mr. Speaker, with her lilting scribed ‘‘stamp-licker’’ for U.S. Rep. John 150th birthday of Dayton, Kentucky. Milledgeville, Georgia, accent, Jane Quine be- Seiberling’s first successful campaign, Mrs. Dayton is a city that has overcome much came an improbable but highly effective polit- Quine is credited either with launching po- adversity in its 150 years, including three ical leader in Akron, Ohio, for 25 years. Jane litical careers or helping to sustain them major floods. Dayton’s resilience can be Quine died at age 81 last Thursday in Jack- with wise counsel, vast energy and unwaver- traced to the strong work ethic of its people. sonville, Florida. She has left us with abundant ing loyalty. The people of Dayton, including its govern- memories of her leadership, her grace, and She couldn’t resist the call to help Demo- ment, business, and education leaders, have her seemingly boundless energy. crats. She became active in party politics in always had a ‘‘roll up your sleeves and get to Mrs. Quine served twice as a congressional St. Augustine, Fla., where she moved in 1995. work’’ attitude. It’s that kind of work ethic that staffer. First, she worked for Rep. Carl Vinson After all, she said, ‘‘There aren’t many of us down here.’’ helped build America’s great cities—big and during the build-up and height of World War II. small. This was where she met Akronite John Quine. Her innate sense of right and wrong kept Earlier this month, I was honored to take Mr. Quine, on assignment to Vinson’s Naval her involved. Politics requires two strong parties, and she was a true Democrat. She part in Dayton’s sesquicentennial parade to Affairs Committee, was persuasive enough not also believed in her duty to the community, commemorate Dayton’s many accomplish- only to marry her, but to convince her to make serving on the boards of the University of ments and to celebrate this important mile- Akron her home. Akron and the Akron-Canton Regional Air- stone. And today, in the U.S. House of Rep- We didn’t call it the ‘‘mommy track’’ back port. resentatives, I rise to congratulate the city of then, but Jane Quine did give up active poli- If local politics has turned harsh, it may be Dayton. To the people of Dayton on the occa- tics for about two decades while she raised six because people such as Jane Quine aren’t on sion of your city’s sesquicentennial—Happy children. Then she returned to the political the scene to give it a firm but far gentler Birthday to you. arena in 1970 as a campaign worker for John push toward reason.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14079 TRIBUTE TO MS. CECELIA B. HEN- UNDER SECRETARY OF STATE STATEMENT OF UNDER SECRETARY OF STATE DERSON, AREA DIRECTOR, THE STUART EIZENSTAT DISCUSSES STUART EIZENSTAT TO THE COMMITTEE ON LINKS, INCORPORATED ‘‘THE BIG RELATIONS WITH THE EURO- INTERNATIONAL RELATIONS, JUNE 15, 1999 APPLE CLUSTER’’ PEAN UNION Mr. Chairman, I very much appreciate the statements that have been made by the members of the Committee. It is an honor to HON. CHARLES B. RANGEL HON. TOM LANTOS be here with my good friend David Aaron, OF NEW YORK OF CALIFORNIA the Undersecretary for Trade at the Depart- ment of Commerce. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES With the European Union, we share a com- Wednesday, June 23, 1999 Wednesday, June 23, 1999 mitment to the promotion of security, prosperity and democracy—not only in the Euro- Mr. RANGEL. Mr. Speaker, I rise today in Mr. LANTOS. Mr. Speaker, last week the Atlantic area but beyond it as well. It is no recognition of the accomplishments of Ms. Committee on International Relations held an hyperbole to suggest that the relationship Cecelia B. Henderson of The Links, Incor- excellent and timely hearing on the United between the U.S. and the European Union porated for her contributions to African Ameri- States relationship with Europe and the Euro- may be the most important, influential and cans, especially the youth in eastern cities and pean Union. This hearing was particularly prosperous bilateral relationship of modern communities, preparing them to meet the chal- timely as it was held on the eve of the G–7 times. Two-way trade and investment flows lenges in professions and fields where African Summit in Bonn, Germany, at which United are now some $1 trillion annually, supporting more than 6 million jobs on both Americans are few in number. States representatives, including our Presi- sides of the Atlantic. One in 12 industrial The first Links club was founded in Novem- dent, held critical discussions with our Euro- jobs in the United States is in a European ber 1946 in Philadelphia, Pennsylvania, with pean allies and the European Union. This owned factory, and European countries are only nine members. The purpose of the orga- hearing was the first in a series of planned the biggest foreign investors in 41 of our 50 nization at its inception was to foster friend- committee hearings on the transatlantic rela- U.S. states. ship and render service to needy African- tionship and its importance to United States We have launched the Trans-Atlantic Eco- American families. The membership has political, economic, and security interests. nomic Partnership, covering 10 broad areas grown to more than 10,500 today, with 270 to reduce existing trade barriers, improve Mr. Speaker, with total trade and investment regulatory cooperation, and establish a bi- chapters located in forty (40) US cities, Nas- between the United States and the European lateral dialogue on multilateral trade issues sau, Bahamas, and in Frankfurt, Germany. Union now in excess of $1 trillion annually, the in the WTO. We’ve agreed with the EU that Today, The Links is a volunteer service or- EU is already our largest single trading and in- the WTO should begin a new broad-based ganization of concerned, committed, and tal- vestment partner. The EU is also the world’s round of trade negotiations, following a ented women who through service, linked in largest single market, and with the establish- structure that will yield results expedi- friendship, commits itself to enhancing the ment of the new single European currency— tiously in agriculture services and other quality of life in the larger community. Be- the euro—this market will continue to be the areas. We’ve also agreed to seek permanent commitments by WTO members not to im- cause of the rich legacy of the organization, it most important market for American firms and pose duties on electronic commerce trans- has contributed over 15 million dollars to wor- the most important external market for the actions, an area where Secretary Aaron has thy causes through grants-in-aid, and through economic health of our nation. had a particular impact. many effective initiatives within communities While we tend to give greater attention to REBUILDING SOUTHEASTERN EUROPE across the country. Through its participation in the economic and trade aspects of our rela- There is no more vivid example of our com- UNICEF, the organization is active abroad, in tionship with the European Union, we must not mon values and goals than the work we are building elementary schools in South Africa, ignore the growing importance of the political doing with the EU right now in the post-con- contributing to the construction of water wells dimension of our relationship. The European flict reconstruction of Southeastern Europe. elsewhere in Africa, and aiding the Caribbean Union is moving toward greater political in- As the confrontation in Kosovo comes to an Women’s Health Association to improve the volvement and it plays a key role in the co- end, together we have a big job before us. lives of Caribbean women and children. ordination of member foreign policies, Mr. Our joint aim is to build a solid foundation for a new era of peace and stability, helping Ms. Henderson has served as the Eastern Speaker. The EU will play a critical role in the a region that has been one of the continent’s Area Director of The Links for the past four reconstruction of Southeastern Europe, it most violent, become instead part of the Eu- years. She became a member of the Buffalo, plays a vital role in encouraging the develop- ropean mainstream. New York, Chapter in 1974, and has held nu- ment of democratic political institutions, a civil We forged a new stability pact for the re- merous leadership positions in the local chap- society and a market economy in Central and gion. And we believe that just as we have ter, and at the National Level. Eastern Europe and in Russia. Furthermore, born the lion’s share of the military expendi- In 1997, and again in 1999, under the lead- the EU has been a partner with us in encour- tures, it is only right that the European ership of Ms. Henderson, The Eastern Area aging political stability and economic pros- Union bear the lion’s share of the reconstruction. And this is something that they Links presented a classroom-based edu- perity in North Africa and the Middle East. themselves have indicated they wish to do. cational program entitled, HeartPower to The principal administration witness at this ENLARGEMENT OF THE EUROPEAN UNION school districts in New York City and Philadel- important hearing of the Committee on Inter- The 15 member EU is now about to under- phia with a simple message, ‘‘you too can national Relations, Mr. Speaker, was Under take its largest enlargement ever. It will be have a healthy heart, it’s as easy as 1–2–3’’. Secretary of State Stuart Eizenstat. He is the one of the most important challenges facing This program fits with the overall theme which quintessential outstanding and extraordinary Europe in the 21st Century. I would say to Ms. Henderson developed for the Eastern public servant in this city, who has dem- my dear friend, Congressman Lantos, that Area, ‘‘Serve up Success: Build Linkages . . . onstrated his commitment to the highest qual- when he talks about great enterprises, this Empower the Black Family.’’ ity of public service in a variety of most impor- expansion will be a historic opportunity to A retired educator with a long and com- tant capacities as our ambassador to the Eu- further the peaceful integration of the con- mendable professional career in the Buffalo, ropean Union and in key sub-cabinet posts in tinent, if it is done right. The EU plans to spend, on its new mem- New York, school system, Ms. Henderson has three departments—the Department of Com- bers, between 2000 and 2006, the equivalent in served the Links with her expertise in pro- merce, the Department of State, and now the 1999 dollars of what we spent on Western Eu- moting health education. President has nominated him to serve as Dep- rope through the Marshall plan. It will en- As the community celebrates her years of uty Secretary of Treasury. courage cooperation, reinforce democracy, leadership and service at the thirty-fifth East- Mr. Speaker, I ask that a summary of the and reduce nationalistic and ethnic tensions. ern Area Conference, I offer our congratula- opening statement made by Secretary And if in the end it is successful, the Euro- tions to her as she is recognized for the dif- Eizenstat at our recent hearing be placed in pean Union will be the largest single market in the world, with over 500 million citizens in ferences that her efforts have made in culti- the RECORD. This excellent statement reflects an economy significantly larger than our vating the talents, and developing the abilities the best current American thinking about the own. of the youth of today, with the potential of be- issues of concern regarding the United States Thirteen countries have applied for EU coming local, national and world leaders of the and our relationship with Europe and the Eu- membership so far. And the European Com- twenty-first century. ropean Union. mission is in the middle of negotiations,

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 14080 EXTENSIONS OF REMARKS June 23, 1999 with six of those 13, and another five are resentative for its common, foreign and secu- To conclude, as we look toward the future, going through initial screening. The year rity policy will give the EU greater visibility our goal is to work together to promote our 2003 is the likely earliest date for excision of on the international scene. They have se- goals of security, prosperity and democracy. the first wave of candidates, and frankly the lected NATO Secretary General Javier Together we can accomplish more than ei- balance of writs are for a later rather than Solana as the first High Representative for ther the U.S. or the EU can by acting alone. an earlier date for enlargement. their common foreign and security policy. WE MUST WORK TOGETHER WITH EUROPE Enlargement should be a net-plus for U.S. He has been an extraordinary Secretary Gen- We want to work more effectively to deal goods and services, to help the countries of eral of NATO and we believe he will perform with past breaking crises, to find ways of Eastern and Central Europe. Nonetheless, we equally well at the EU and we look forward managing our disagreements before they get will insure that our commercial and eco- to working with him. out of hand, and to expand areas of joint ac- nomic interests are not disadvantaged. An EU with an effective foreign and secu- tion and cooperation. We are working both with the EU and its rity policy would be a power with shared val- We are working on just that and the hopes candidate states to prevent the erection of ues, and strong transatlantic ties with which that we can articulate a new vision at the new barriers to trade as part of the enlarge- we could work globally to solve problems. June 21 U.S.-EU summit in Bonn through a ment process. The main problem concerns The EU has also chosen former Italian Prime new Bonn declaration. This would fit in with the interim period between now and ultimate Minister Prodi as the next president of the our larger goal of using 1999 for a series of excision. Because at excision, they will take European Commission. We have worked well summits, NATO, OSCE and the U.S.-EU sum- the common external tariff of the European with him before, and we have great con- mit to strengthen the abiding European-At- Union which is generally quite low. But in fidence in him as well. lantic partnership which has been so impor- the interim, as tariff levels from EU prod- CURRENT TRADE ISSUES tant to maintain stability in Europe for the 20th Century, and to make sure it does the ucts drop to zero in the candidate countries, We often let the immediacy of our current same for the 21st. they remain at higher levels for U.S. prod- trade disputes blind us to the very real bene- ucts to our disadvantage. We’re working fits that we both enjoy from access to each f with the candidate countries to find suitable other’s markets. But obviously there is a remedies. We’re encouraging them to adopt tough road ahead. And yet we can’t allow our INTRODUCTION OF LEGISLATION the lower EU tariff schedules as soon as pos- relationship to be defined solely by these dis- TO IMPROVE MEDICARE’S SUR- sible. Slovenia, for example, has begun to do putes. ETY BOND PROGRAM this. The European Commission has agreed All too often, nevertheless, the EU takes with our strategy, and excision candidates actions, such as its unilateral hush kits reg- HON. FORTNEY PETE STARK are beginning to respond. ulation where Ambassador Aaron did such a OF CALIFORNIA Certainly we will be economic competitors, fabulous job of at least temporarily diverting but with our combined strength together, a problem. Or it’s counterproductive re- IN THE HOUSE OF REPRESENTATIVES we’ll also be able to set a global agenda sup- sponse to the previous WTO panels on ba- Wednesday, June 23, 1999 porting democracy and open markets. We nanas and beef from exacerbating trade ten- Mr. STARK. Mr. Speaker, on behalf of Con- share, if I may say so, more values with Eu- sions. It’s for that reason that we have sug- rope than we do with any other region. gested an early warning system to identify gresswoman THURMAN and myself, I am today Enlargement of the EU requires the can- such problems before they burst into full- introducing legislation based on recommenda- didate counties to conform their laws and scale disputes. tions of the U.S. General Accounting Office to practices to EU norms. It would almost be We are indeed facing a tough set of trade improve the operation of the Medicare home like saying that a new state coming into the disagreements, and we continue to hammer health agency, durable medical equipment, United States has to conform of every page home the principle of fair and transparent and certain rehabilitation providers’ surety of the code of federal regulations. It is a trade rules: of the need for the EU to respect bond program. mammoth job. It requires change not only in international commitments and WTO rul- Enacted as part of the 1997 Balanced the candidate countries, but also on the part ings, of abiding by scientific principles and Budget Act, the surety bond program was one of the current member states as well. not politics in making health, safety, and en- of a series of anti-fraud, waste, and abuse COMMON AGRICULTURAL POLICY vironmental decisions. The need for a clear and rational trading provisions designed to crack down on the out- The largest step is the reform of the Com- rageous proliferation and increased utilization mon Agricultural Policy, or the CAP. The principle may be greatest in the need of biotechnology. Within a few years, virtually 100 of questionable Medicare providers. EU has now agreed to put a ceiling on total The General Accounting Office issued a re- expenditures over the next several years. But percent of our agricultural commodity ex- this cannot be done without reforming its ports will either be genetically modified or- port in January, 1999 (GAO/HEHS–99–03) en- agricultural subsidies. ganisms (GMO) or mixed with GMO products. titled, ‘‘Medicare Home Health Agencies: Role Almost half of the EU’s overall budget, And our trade in these products must be of Surety Bonds in Increasing Scrutiny and over $50 billion, is earmarked for agricul- based on a framework based on fair and Reducing Overpayments.’’ The report focuses tural subsidies. The European Commission’s transparent procedures, which address safety on problems in the surety bond provisions and modest CAP reforms are inadequate to do on a scientific and not a political basis. makes a number of recommendations. Our bill We, since 1994 approve some 20 GMO agri- the job. They will complicate the process of addresses most of those recommendations. enlargement, and they do not go nearly far cultural products. Since 1998, Europe has not approved any. There is no scientifically While the BBA has had a huge impact in enough in terms of reducing the distorting controlling the growth of spending and weed- effects of the CAP on the world trading sys- based governmental system to approve GMO products, therefore the European public is ing out questionable and fraudulent providers, tem. Other countries, including developing the surety bond program has had severe ad- countries will continue to be forced to pay susceptible to ill-informed scare tactics. The for European farm inefficiencies by losing EU approval process for GMOs is not trans- ministrative problems. It needs simplification sales at home and in third markets. parent, not predictable, not based on sci- and needs to be focused on the start-up pro- entific principles, and all too often suscep- viders who have no track record and who may THE AMSTERDAM TREATY/A COMMON FOREIGN tible to political interference. POLICY be the source of program abuse. Once a pro- We’ve been working to break this pattern vider has proven that they are a reliable and Historically, every enlargement of the EU of confrontation and indeed there are leaders dependable provider, continuing to require a has been preceded by a deepening of the level in Europe who recognize that an EU regu- of internal cooperation. They are already latory system drawn up in accordance with surety bond just increases program costs. Our slow in many cases to respond to a crisis. its own international trade obligations bill, therefore requires one surety bond for This will be further complicated when they would be a boon to both business and con- Medicare and Medicaid (not a separate bond expand to 21 members. With the advent of sumers. We have a new biotech-working for each program) for the two years of a pro- the Amsterdam Treaty on May 1, we’re wit- group to address GMO issues. vider’s operations, and limits the size of the nessing a dramatic shift in power. The Euro- The same can be said for beef hormones; bond to $50,000 (not the larger of $50,000 or pean Parliament now has a greatly enhanced where the European public is subjected to 15% of an agency’s Medicare revenues) and role in EU decision-making, and will enjoy daily scare tactics which try to portray the makes it clear that orthotic and prosthethic equal say or co-decision with the council ad- hormone issue as a health and safety issue, ministrators on more than two-thirds of all when indeed there is broad scientific evi- providers includng angioplastologists, are not EU legislation. dence that beef hormones are completely meant to be covered by the surety bond re- The Amsterdam Treaty will also result, safe. There is no reason why American beef quirement. Mr. Chairman and members of the com- producers should pay the price for internal Mr. Speaker, we hope that this legislation mittee, in major changes in ways the EU political calculations in Europe inconsistent can be enacted. It will reduce hassle and pa- conducts its foreign policy. A new high rep- with WTO principles. perwork, while still helping weed out

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14081 questionale home health and DME providers Consider the following: At the turn of this groups of women legislators committed to this from starting in the Medicare program. century more American women died in child- important piece of legislation. We’re conserv- f birth than from any other cause except for tu- ative and liberal. We’re rural and urban. We’re berculosis. At the close of this century, after pro-life and pro-choice. And we’re from multi- THE SAFE MOTHERHOOD MONI- all of the medical advances made in this coun- cultural backgrounds. But as a unique coalition TORING AND PREVENTION RE- try, it’s easy to assume that today pregnancy of women, we’re able to put aside our dif- SEARCH ACT OF 1999 and childbirth are safer for American women ferences and come together on this common and their babies. ground—on this precious ground—of the HON. JO ANN EMERSON But this is a false assumption. health and well-being of all mothers and in- OF MISSOURI The recently released CDC report makes it fants in our nation. I urge all my colleagues to IN THE HOUSE OF REPRESENTATIVES painfully clear that the promise of safe mother- review the merits of the Safe Motherhood hood is eluding too many women. In fact, dur- Wednesday, June 23, 1999 Monitoring and Prevention Research Act of ing the past 15 years alone, total maternal 1999 and cosponsor this important piece of Mrs. EMERSON. Mr. Speaker, let me tell deaths have not declined one bit in our nation. legislation. you about my district. I represent 26 rural Just think of it. Today, tuberculosis claims f counties in Southern Missouri. These counties about one American life out of 1,000 a year. are home to some of the most poverty stricken But 2–3 women out of 10,000 lose their lives REAUTHORIZE THE OLDER communities in the State. Most of them lack each day due to pregnancy-related conditions. AMERICANS ACT even basic health care services. And many And out of 1,000 live births in our country lack decent roads and reliable phone service. each year, 8 babies die. More infants die each HON. WILLIAM O. LIPINSKI Many people in these communities find them- year in the United States than in 24 other de- OF ILLINOIS selves isolated from their extended family, veloped nations. IN THE HOUSE OF REPRESENTATIVES their friends and their neighbors. As a Member of Congress and as a mother Wednesday, June 23, 1999 When I was starting my family more than 20 of four daughters, this maternal and infant years ago, I was lucky to have my mother, my mortality rate is simply unacceptable. We’ve Mr. LIPINSKI. Mr. Speaker, recently in my sister and my mother-in-law to help me got to find out why safe motherhood is still out home state of Illinois, the State Senate and through my pregnancies. I was lucky to be of reach for so many American women. I am the State House of Representatives adopted able to afford health insurance that covered very proud to join many of my esteemed col- Senate Joint Resolution 39 urging the U.S. prenatal care. I was lucky to have access to leagues—NITA LOWEY, SUE KELLEY, CYNTHIA Congress to reauthorize the Older Americans quality health care in Cape Girardeau. But MCKINNEY, ILEANA ROS-LEHTINEN, and CARO- Act for the upcoming fiscal year. I would like many American women aren’t so fortunate. LYN MALONEY—in introducing legislation today to commend the Illinois Legislature for their And they fall through the cracks of our health that will have a significant impact on the dedication to the elderly in their state and urge system. progress of maternal and infant health in this the 106th Congress to support the elderly of Many young mothers-to-be in my rural dis- country. the country by reauthorizing the Older Ameri- trict are isolated from family and friends—and In addition to introducing the Safe Mother- cans Act. I enter into the RECORD Senate Joint they live miles away from nurses and doctors. hood Monitoring and Prevention Research Act, Resolution No. 39. This isolation often prevents them from getting we would like to call on the Commerce Sub- Whereas, The Older Americans Act pro- prenatal care and adds to the fears and uncer- committee on Health and Environment to hold motes the dignity and value of every older tainties that come along with being a new or oversight hearings on maternal and infant person age 60 and over (numbering 2,000,000 health and urge Congress as a whole to make in Illinois) through an Aging Network led by expectant mother. this issue a national priority. the Illinois Department of Aging, 13 area Fortunately for some of the young women in Our bill achieves 3 key goals, all necessary agencies on aging, 233 community-based sen- rural Missouri, there are people like Sister Rita components to true progress in the enhance- ior service agencies and 63 nutrition services and Sister Ann looking out for them. Ten ment of maternal and infant care. agencies throughout Illinois; and years ago, Sister Rita—a parish nurse and First, it expands CDC’s Pregnancy Risk As- Whereas, The Older Americans Act is a midwife serving in Missouri’s poor ‘‘Lead Belt’’ successful federal program, with the U.S. Ad- sessment Monitoring System (PRAMS) so that ministration on Aging offering leadership in and Ozark counties—quickly realized that all 50 states will benefit from a public health many of the young women there weren’t pre- Washington D.C., the Illinois Department on monitoring system of pregnancy-risk related Aging (the first state department on aging in pared for healthy pregnancies and births or for factors. Although the PRAMS program has re- the nation) at the State level, the area agen- caring for their infants. So Sister Rita began to ceived a lot of recognition for positively affect- cies on aging in 13 regions designated by the network and build relationships in her commu- ing maternal and infant health outcomes, cur- State covering all of Illinois, and community. She branched out and worked with the rently only 18 states are benefiting from the nity-based senior service agencies providing St. Louis University Medical Center and with success of PRAMS. Our bill also supports services in every community; and State and federal health programs. And she Whereas, The Older Americans Act pro- local and state efforts to collect data on moth- grams target resources and services to those established the ‘‘Whole Kids Outreach’’ in ers who experience serious complications dur- Ellington, Missouri. in greatest economic and social need, pro- ing their pregnancy. mote the dignity and contributions of our Sister Ann is now carrying on the incredible Second, out bill authorizes an increase in senior citizens, support transportation serv- work started by Sister Rita. The Whole Kids federal funding for preventive research, so we ices, provide home care, assist families and Outreach program has grown to include a Re- can identify basic health prevention activities individuals with case management, guide source Mothers Program—a program that to improve maternal health. This aspect of the those challenged by the legal system educates women about healthy pregnancies bill builds upon the Birth Defects Prevention through legal assistance, provide for senior and childbirth, promotes access to care, and community service employment, offer infor- Act, which my colleague, Senator KIT BOND mation and assistance, establish multi-pur- provides home care visits. The most amazing and I sponsored in the 105th Congress and thing about this program is that it is staffed by pose senior centers as focal points on aging, which was signed into law last April. serve congregate luncheon and home-deliv- experienced moms from the community who The third and final component of our bill di- ered meals, provide health promotion and are trained as childbirth educators. And these rects CDC to help states and localities create disease prevention activities, involve older local moms help establish circles of support public education and prevention programs to persons in nutrition education, reach out to for expectant and new moms. prevent poor maternal outcomes for American families with respite services for caregivers It’s with great admiration that I mention the women. and small repair and home modifications, Whole Kids Outreach program, because de- In addition, our bill emphasizes the need to provide opportunities, education and serv- spite its modest size, it has been of tremen- expand existing prevention programs and ices, connect people in shared housing, and dous help to many mothers and infants in rural advocate to public and private policy makers pregnancy risk assessment systems to include on the issues of importance to older persons; Missouri. The young women in rural Missouri those areas of the country where underserved and are not alone. Women throughout our nation and at-risk populations reside. Whereas, The success of this aging network face great challenges in securing healthy By looking at the list of original cosponsors over the past 31 years is marked by the deliv- pregnancies and healthy children. of this bill, one is amazed at the very diverse ery of significant service to older persons in

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 14082 EXTENSIONS OF REMARKS June 23, 1999 their own homes and community with the HONORING JOHN MEISE tected if we are to continue to live our lives following services examples of that success: the way we have always lived them. Our armed forces are one of the instru- (1) 374,538 recipients of access services, in- HON. ELIJAH E. CUMMINGS ments, which serve to protect this most pre- cluding 235,148 Information and Assistance OF MARYLAND cious liberty. I belive the best way for me to Services clients and 68,493 recipients of Case IN THE HOUSE OF REPRESENTATIVES serve my country and protect such an ideal Management Services; Wednesday, June 23, 1999 is by serving in the armed forces. Presently, (2) 53,450 recipients of in-home services, in- I am applying to both the Naval Academy at cluding 6,460,533 home-delivered means to Mr. CUMMINGS. Mr. Speaker, each year Annapolis and the Military Academy at West 41,305 elders; the Veterans of Foreign Wars of the United Point in the hope that I may be granted an appointment to one of these institutions, so (3) 185,520 recipients of community serv- States and its Ladies Auxiliary sponsor the Voice of Democracy audio-essay scholarship I might be allowed the opportunity to serve ices, including 3,636,855 meals to 79,012 con- my country this way. I have aspired to serve gregate meal participants at 647 nutrition competition. The program is now in its 52nd year and requires high school student entrants in the military my entire life and I have sites and services delivered from 170 Senior been inspired by the many people who have Centers; to write and record a three-to-five minute served and by the many who have sacrificed (4) 760 recipients of employment services, essay on an announced patriotic theme. This their lives in their country’s service. including 760 senior community service em- year’s theme is ‘‘My Service to America’’, and A few years ago, I was an instructor at a ployment program participants; and over 80,000 students participate in the pro- Red Cross program for kids who did not gram nationwide. know how to swim. We taught them the rudi- (5) 98,600 recipients of nursing home om- ments of water activity. I got a thrill seeing budsman services; and It gives me great pleasure to announce that John Meise, a senior at Mount St. Joseph children, who had been previously afraid of Whereas, The organizations serving older the water, now able to swim and play in the High School in Maryland’s 7th Congressional water and enjoy it. This reminds me that the persons employ professionals dedicated to of- District, has been named a National winner in fering the highest level of service and caring ‘‘pursuit of happiness’’ in this situation workers who every day provide in-home care, the 1999 Voice of Democracy Program and would be quite impossible without the help rides, educational and social activities, shop- recipient of the $1,000 Ervin and Lorraine of the volunteers. ping assistance, advice, and hope to those in Rothenbuhler Scholarship Award. He plans a We willingly committed ourselves to helping the children pursue happiness. Once greatest isolation and need; and career in medicine. John was sponsored by VFW Post 6484 in Woodlawn Maryland. again, this shows how service is one of the Whereas, The organizations serving older Following is Mr. Meise’s submission. underlying factors in the American char- persons involve a multi-generational corps of acter. volunteers who contribute the governance, Ever since July 4, 1776, the citizens of the While many different people give service in planning, and delivery of services to older United States of America has served their many different ways, these citizens ulti- persons in their own communities through country in a myriad of ways. Such service, is mately provide a solid core around on which what preserves the ideals for which we stand participation on boards and advisory coun- our country can rest. Everyone’s individual in the United States: ‘‘life, liberty, and the cils and in the provision of clerical support, service to others eventually unfolds to a sin- pursuit of Happiness.’’ These three are the programming, and direct delivery of service gle service to America: its preservation. most elemental principles on which our to seniors; and Through volunteering our time, we maintain great country rests. Through service to the very ideals for which the thirteen origi- Whereas, The Older Americans Act pro- America and our fellow citizens, we can nal colonies broke away from England, In grams in Illinois leverage local funding for guard those ideals from which our fore- service we continue and protect our freedom, aging services and encourage contributions fathers set forth in the declaration of inde- our life, and our pursuit of happiness.’’ from older persons; and pendence. The right, that we treasure most, is life. f Whereas, The Older Americans Act pro- Human life is to be held in the highest re- grams are the foundation for the Illinois gard because we believe that everyone is IN HONOR OF OUR NATION’S Community Care Program which reaches out equal. Color, religion, and social standing do VETERANS to those with the lowest incomes and the not provide a basis on which a person is to be greatest frailty to provide alternatives to judged. Since we are all citizens of the HON. JOHN P. MURTHA long-term care, and the Illinois Elder Abuse United States we are equal. Community OF PENNSYLVANIA and Neglect Interventions Program which service can help us to realize this fully. IN THE HOUSE OF REPRESENTATIVES assists families in the most difficult of do- During my sophomore and junior years of mestic situations with investigation and high school, I volunteered at the University Wednesday, June 23, 1999 practical interventions; and of Maryland Hosptial’s Shock Trauma Cen- Mr. MURTHA. Mr. Speaker, in recognition of Whereas, The Congress of the United ter. I completed approximately two hundred Memorial Day, on May 29, 1999, I had the States has not reauthorized the Older Ameri- hours of service there and I enjoyed every minute of it. Through the hospital I was able honor of delivering the keynote address at the cans Act since 1985 and only extends the pro- to help people that were in terrible predica- rededication and 50th anniversary celebration gram each year through level appropriations; ments. I offered by services to people on all of the Lilly-Washington War Memorial in Lilly, and rungs of the social ladder and through that I Pennsylvania, a town of fewer than 2,000 peo- Whereas, Expansion of the Older Ameri- made an important personal discovery. I ob- ple. cans Act is proposed in reauthorization legis- served that social class did not pre-deter- As part of the ceremony, we made special lation this year to offer family caregiver mine a person’s disposition. Some the the recognition of two individuals who made sac- support, increased numbers of home-deliv- poorest patients I met were probably the rifices in their own right in serving our country. ered meals, improved promotion of elder most kind-hearted. Whether I was running a With my assistance, James A. Lego, Jr., of rights, consolidation of several programs and patient’s blood to the lab for tests or feeding Gallitzin, Pennsylvania, was presented with subtitles of the law; therefore be it a paraplegic man his dinner, I knew I was helping someone important. I also knew that the following medals that he had been award- Resolved, by the Senate of the Ninety-First I was offering such service without expecting ed as a member of the 1st Infantry Division, General Assembly of the State of Illinois, the anything in return. I believe the satisfaction 16th Regiment, but never received: House of Representatives concurring herein, I received in my efforts at the hospital illus- The Silver Star, on July 20, 1944. That we urge the Congress of the United trates what the American character is all The Bronze Star for Meritorious Service. States of America to reauthorize the Older about. Through cooperation and helping oth- Two Purple Hearts for wounds received Americans Act this year; and be it further ers we actually provide a service to America April 16, 1943 and July 14, 1944. Resolved, That suitable copies of this reso- itself in what we promote the basis morals The Distinguished Unit Badge and two Oak lution be delivered to the President pro tem- and values which our society cannot Leaf Clusters, the Good Conduct Medal, Pre- pore of the U.S. Senate, the Speaker of the progress. Pearl Harbor Medal, Combat Infantryman U.S. House of Representatives, and each As Americans, we hold liberty to be one of Badge, Five Overseas Bars and the Euro- the most important aspects of our lives. We member of the Illinois congressional delega- pean-African-Middle Eastern Theater Service tion. have the freedom to choose what we want to do. We may take this liberty for granted, but Medal with one Silver Star and one Bronze Adopted by the Senate, May 26, 1999. many people live in countries where they are Service Star. Concurred in by the House of Representa- not granted the freedoms that we use every- We also unveiled a monument in recognition tives, May 27, 1999. day. I feel that this freedom must be proof the late Mrs. Esther McCabe, a native of

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14083 Lilly, for her dedication to her country. In 1944 strawberries served by schools as part of the Last year, you introduced the Safe Food Mrs. McCabe was honored as ‘‘America’s National School Lunch Program. Some of Action Plan (H.R. 3148) to create a Food Number One War Mother’’ because 10 of her those contaminated strawberries were eaten Safety Rapid Response team, at the U.S. De- partment of Agriculture (USDA), to respond sons were serving in the military. Another son by students in my district. Although local and to food safety disasters. Your bill helped enlisted in 1945. We were honored to have federal officials did an excellent job of re- focus the Committee’s attention on this present for the ceremony, two of her sons, sponding to the crisis, it became clear to me issue, resulting in the inclusion of a similar Leo and James McCabe, who served in World that there was a need for better coordination crisis management team in the final version War II. of existing federal resources to respond to of the Agriculture Research bill. In the summer of 1944, Leo McCabe was food safety outbreaks. Shortly thereafter, I in- Through your efforts, the USDA has created the Food Emergency Rapid Response serving in the Army in Normandy after the D- troduced the Safe Food Action Plan, H.R. and Evaluation Team (FERRET). During the Day invasion. On a very hot day in France, a 3148. My bill made food safety a priority for past year, the team has met whenever levels German fighter plane came over the town and the federal government and created a food of contaminants in food threaten to pose a saw a number of gas trucks moving down the safety Rapid Response Team. After working human health hazard. As you know, they road. The Germans hit the lead truck with a closely with Agriculture Committee leadership, have effectively handled a variety of prob- rocket, causing it to ignite. While the driver of the Rapid Response Team provision was in- lems ranging from arsenic in peanut butter to lead in baby food. This is an important the truck was able to escape, a young boy cluded in the final version of the Agricultural tool for the USDA to have in the area of food who was with him was caught in the flames. Research bill. I would like to include in the safety. Leo McCabe left the crowd and ran into the RECORD, a letter from Ranking Member STEN- Let me also thank you for your important flames, the only person willing to risk his life HOLM thanking me for my contributions to the contributions to the overall issue of food to save the boy. McCabe emerged from the bill. safety. I look forward to our continued truck with the boy in his arms and McCabe’s Since that time, the U.S. Department of Ag- friendship and to working together on the own clothing on fire, as well as the boy’s. Agriculture Committee. With best wishes, I riculture has instituted the Food Emergency am McCabe carried the boy to a field, where the Rapid Response and Evaluation Team (FER- Sincerely, flames were extinguished. He then put the RET). The mission of FERRET is twofold. The CHARLES W. STENHOLM, young man into a jeep to be rushed to a hos- team works together to facilitate a prompt, ef- Ranking Member. pital. Leo McCabe saved the boy’s life with fective and coordinated USDA response to f this action. food safety emergencies. Furthermore, the Earlier this year, when asked to comment team evaluates emergency episodes and uses TRIBUTE TO THE LATE HECTOR on his actions for a local newspaper reporter, what is learned from each crisis to improve GODINEZ Leo McCabe said simply ‘‘That was no big long-term strategies to prevent future emer- deal,’’ and when asked on May 29th to ad- gencies. HON. LORETTA SANCHEZ dress the crowd at the ceremony, Leo FERRET is chaired by the Under Secretary OF CALIFORNIA McCabe chose not to make a comment and for Food Safety and its membership includes: IN THE HOUSE OF REPRESENTATIVES sat proudly with his family. When given the the Under Secretary for Food Nutrition and Wednesday, June 23, 1999 opportunity, Mrs. McCabe’s other son who Consumer Services, the Under Secretary for was present, James McCabe, did step up to Farm and Foreign Agricultural Services, the Ms. SANCHEZ. Mr. Speaker, I rise today in the microphone, pointed his hand to his left, Under Secretary for Research, Education, and tribute to a great man. We have lost Hector Godinez to illness but his spirit will live on in said ‘‘I worked at that mine over there,’’ and Economics, the Under Secretary for Marketing Santa Ana. then sat down. and Regulatory Programs, USDA General Hector was born at the San Diego Mission Like thousands of Americans who were Counsel, the USDA Inspector General and the in 1924. A year later, his family moved to called upon to serve their country in World Director of the Office of Communication. Santa Ana and that became his home. Imme- War II, these three men: James Lego, Leo During the past year, FERRET has met diately after high school, he joined the military McCabe, and James McCabe, answered that whenever levels of contaminants pose a threat and served with distinction. The battles he call and served their country proudly. After the to human health and safety. In just one year, fought in, including the invasion of France, led war, they returned home, went to work in the FERRET has dramatically increased the pace to the Allies’ victory in Europe during World steel mills or in the coal mines like James did, at which USDA responds to public health War II. He was revered for his service in Gen- and life went on. problems. The new team ensures a swift re- eral Patton’s tank unit. His decorations include It was a distinct honor for me to be able to sponse by USDA to contamination and pro- a bronze star and purple heart. recognize on this occasion the sacrifices made vides a greater assurance to American con- When Mr. Godinez came home from the by James Lego and the entire McCabe family sumers that their food is safe. war, he decided to continue his record of pub- in fighting for our freedom in World War II. I am proud of the very positive accomplish- lic service as a letter carrier. President Ken- f ments achieved by FERRET in just one year. nedy appointed him Postmaster of Santa Ana I would like to take this opportunity to thank in 1960. His employment with the U.S. Postal ADVANCES MADE IN FEDERAL them for their efforts. I look forward to working FOOD SAFETY LAW Service spanned nearly half a century. with FERRET on future food safety efforts. But I would do his memory a disservice if I HOUSE OF REPRESENTATIVES, neglected to mention the many other contribu- HON. DEBBIE STABENOW COMMITTEE ON AGRICULTURE, tions Hector made to our community. As a OF MICHIGAN Washington, DC, June 23, 1999. founding member of the Santa Ana League of IN THE HOUSE OF REPRESENTATIVES Hon. DEBBIE STABENOW, United Latin American Citizens, Mr. Godinez House of Representatives, and his fellow activists are to be thanked for Wednesday, June 23, 1999 Longworth HOB, Washington, DC. the landmark civil rights case Mendez v. The Ms. STABENOW. Mr. Speaker, I rise today DEAR DEBBIE: One year ago, President Clin- ton signed the Agricultural Research, Exten- Board of Education, which safeguarded the to mark an important anniversary. On this date sion, and Education Reform Act of 1998 into Hispanic children of Orange County against last year, President Clinton signed the Agricul- law (Pub. L. 105–185). On this anniversary, I discrimination in local schools. tural Research, Extension, and Education Re- would like to take the opportunity to thank Hector never stopped fighting, giving or form Act of 1998 (Pub. L. 105–185) into law. you for your important contributions to this learning. He held a number of degrees, includ- Among the many important programs that bill in the area of food safety. ing his Masters’, which he received in 1980. were created and improved by the bill, I am A significant amount of debate on the bill His name will forever be associated with the most proud of the advances made in federal focused on food safety concerns. Your input, long list of community organizations and food safety efforts. based on the expertise of Michigan State University and the National Center for Food boards on which he served. I would like to take this opportunity to inform Safety and Toxicology research in your dis- He guided our citizens through decades of Congress of the progress made by the food trict, contributed significantly to the de- change in Southern California, both as a pub- safety Crisis Management Team created by bate. I would particularly like to thank you lic servant and an activist. Our lives as Or- the Agricultural Research bill. We all remem- for your contribution regarding the Food ange County residents are better for his life’s ber the terrible tragedy of the contaminated Safety Crisis Management Team. work, and I salute him today.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14084 EXTENSIONS OF REMARKS June 23, 1999 IN MEMORY OF SUSAN YOACHUM mothers; some are grandmothers; some are IN CELEBRATION OF MS. KATH- executives; some are artists. They are black, ERINE DUNHAM’S 90TH BIRTH- white, Asian, Hispanic, rich, poor, bitter, DAY HON. NANCY PELOSI hopeful—but there is one thing that all of us OF CALIFORNIA are, and that is sacred.’’ IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM (BILL) CLAY Susan was more blunt six years later when OF MISSOURI Wednesday, June 23, 1999 her cancer spread. ‘‘I’m scared out of my IN THE HOUSE OF REPRESENTATIVES wits,’’ she wrote in 1997. ‘‘It’s the kind of fear Ms. PELOSI. Mr. Speaker, yesterday I Wednesday, June 23, 1999 called to the attention of our colleagues the that makes your blood run cold, the sort of wonderful life and courageous death of Susan fear that floods in when you lose sight of a Mr. CLAY. Mr. Speaker, today I rise to cele- Yoachum. No one could better memoralize our child in a crowd.’’ brate the 90th birthday of Ms. Katherine loss than Susan’s husband Michael Carlson, Why do I call such a frightened person cou- Dunham of East St. Louis, Illinois. Besides whose statement I am commending to our col- rageous? being recognized as a Kennedy Center Hon- leagues today. Courage has nothing to do with being fear- oree, as well as the recipient of over seventy less. international awards, Ms. Dunham has con- [From the San Francisco Chronicle, June 22, sistently used her abundance of talent and 1999] ‘‘Usually we think that brave people have creative energy to enhance the fine arts and no fear. The truth is they are intimate with GRACE IN THE FACE OF FEAR—SUSAN humanities in America and worldwide. While YOACHUM MET HER DEATH FROM CANCER AS fear,’’ writes Pema Chodron in ‘‘When Things A HERO Fall Apart.’’ Courageous people are those well known for her contributions in the areas of dance, poetry, musical composition, and (By Michael Carlson) who persevere in spite of and in the face of choreography, Ms. Dunham has also worked It was a public event when my wife, Susan their deepest fears. Yoachum, died of breast cancer a year ago to advance the causes of human rights and Susan was intimate with fear. Despite world peace. However, it can be argued that today. As political editor of The Chronicle that, from 1991 and until her death in 1998, her greatest accomplishments have come and as a television commenter, she had be- she lived her life with remarkable energy come a familiar name and face. Her funeral and spirit. She did more than just persevere. through her 31 years of tireless educational ef- was covered on television, San Francisco She celebrated life. She faced her illness by forts in behalf of the residents and especially Mayor Willie Brown ordered city flags to fly living as if each day was a gift. She believed the children of East St. Louis, Illinois. at half-staff, and the White House sent a let- Born in Chicago, Illinois, Ms. Dunham has ter of condolence. that life was to be enjoyed today, now, before time ran out. distinguished herself in both academic and ar- Susan’s struggle with breast cancer had tistic venues. A graduate of the University of been no less public. Susan enjoyed her life immensely and Chicago, she is the author of ‘‘Dances of Haiti: She had spoken and written movingly brought happiness to those around her. She Their Social Organization, Classification, Form about her ordeal. She wanted to put a human fought for those things she thought impor- face on a disease that is the No. 1 killer of tant, including raising awareness about and Function,’’ Further, she has shared her in- American women ages 25–55. She hoped that breast cancer. She continued to write about tellect with us by writing several books, includ- by personalizing breast cancer, more might politics for as long as she could because she ing Dances of Haiti, Island Possessed, and A be done to prevent and cure it. And she want- thought it was important and because it Touch of Innocence. Ms. Dunham has been ed to spread the word that early detection— brought her joy. And Susan had fun. In her recognized for her academic accomplishments through monthly self-exams and regular as the recipient of honorary degrees from mammograms—can increase a woman’s words, she inhaled life. many institutions of higher education, including chance of survival. That took courage. My mourning was less public. And I was Brown University, Howard University, and Although Susan did not consider herself more private about my reaction to Susan’s Washington University in St. Louis, Missouri. illness. courageous, she understood what she was Her contributions to the arts have come Recently, I decided to speak out about doing and wrote about it: ‘‘How many times through various theater productions, motion Susan and her fight with cancer at the invi- in therapy-kissed California have we heard pictures, operatic performances, and television that the only things we can control are our tation of The Breast Cancer Fund, a re- presentations. Throughout Ms. Dunham’s ca- own responses to what befalls us?’’ Susan’s search, advocacy and patient-support charity reer, she has performed both nationally and that honored Susan at its annual ‘‘Heroes response to her fear was ‘‘to make peace Tribute.’’ with life and death’’ and ‘‘to make some internationally in major performances and fa- The idea of heroes and the nature of cour- peace with the cancer.’’ ‘‘It is going to be mous venues, including Aida at New York’s age are topics that I have thought about a with me every day,’’ she wrote. ‘‘If living Metropolitan Opera House in 1964. lot since Susan died. with cancer every single day is the price of As an advocate for education of the arts The dictionary defines a hero as a person living... it is worth it. I’ll pay it. and humanities among the citizens of East St. admired for their courage. Louis, Illinois, Ms. Dunham has proven her I’ve been paying it. I will continue to pay I admire Susan for the courage she showed dedication to public service and community in- it.’’ in facing her own death. What she taught me volvement for over three decades. Through about courage could be the first chapter of Susan believed that having cancer de- my own self-help book, ‘‘All I Need to Know the Katherine Dunham Centers for Arts and manded ‘‘that you try to grab all that you Humanities, she continues to provide cultural About Living I Learned From How My Wife can from life—even more than you thought Chose to Die.’’ enrichment to both adults and children, while was there, even more than you thought you In addition to everything else she is and presenting opportunities for Master Artists to could.’’ was to me, Susan is my personal hero. display and share with others their enormous She did not consider herself courageous ‘‘Breast cancer is a wake-up call: to cher- talents and abilities. At age 90, she continues and would have been bewildered at being ish the laughter of children, to savor the fra- to develop new projects for the East St. Louis, called a hero. grance of flowers and to feel the majesty of Illinois community, including the soon to be She did not consider herself courageous the ocean,’’ Susan wrote. When you feel like and would have been bewildered at being completed African Artisanal Village on the you’re on the cutting edge of life, the sky campus of the Katherine Dunham Museum. A called a hero. Two days after realizing her looks a little more blue, sunsets look a little vision of Ms. Dunham and her late husband, cancer had spread, Susan recorded a con- more red, and the people you love seem a lit- versation with her sister-in-law in her jour- John Pratt, this center will provide exposure to tle more dear.’’ nal: ‘‘Patti said last night that she told her the arts of Africa, as well as a performing arts friends that I was brave. It sounds so noble I now have met numerous women with facility for the children of the Dunham Work- and grand that I loved the sound of it at breast cancer who know exactly what Susan shop and other visiting artists. once. Yet I don’t feel brave.’’ Susan told me meant. Those women have looked their own Mr. Speaker, the city of East St. Louis, Illi- she didn’t feel brave because cancer and demons in the eye and have found the cour- nois is proud to be the direct beneficiary of death scared her so much. age to celebrate life. When she was first diagnosed with cancer both Ms. Dunham’s philanthropy and hands on I admire their courage. in 1991, Susan wrote about her fear: ‘‘I have involvement in the artistic community. It is a met younger women with breast cancer and They are, as Susan was, heroes living pleasure for me to wish Ms. Dunham a happy older women with breast cancer. Some are among us. and healthy 90th birthday, as I look forward to

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14085 the exciting new programs she has planned HONORING GLENN SCHATZ: AN Out of the classroom, Schatz has: served a for the City of East St. Louis. EXEMPLARY YOUNG MAN semester as a Congressional page in Wash- ington; attended the Athletics In Public Service Forum in Washington; was selected f HON. JIM KOLBE by the Academy of Achievement for the Ban- OF ARIZONA COMMUNITY REINVESTMENT ACT quet of the Golden Plate, one of 400 students IN THE HOUSE OF REPRESENTATIVES in the nation chosen; a member of the Wednesday, June 23, 1999 school’s marching, jazz and concert bands; and served as president of the school’s Dis- HON. MATTHEW G. MARTINEZ Mr. KOLBE. Mr. Speaker, I rise today to pay tributive Education Club in America, school OF CALIFORNIA tribute to the outstanding accomplishments of chairman of the Young Republicans Club and as a recruiter for the Fellowship of Christian IN THE HOUSE OF REPRESENTATIVES Glenn Schatz, a senior at University High in Tucson. Glenn has been named winner of the Athletes. Wednesday, June 23, 1999 1999 Tucson Citizen Student Athlete-of-the- ‘‘I like to keep busy,’’ said Schatz, a bud- Year Award, which is presented annually to a ding master of understatement. Mr. MARTINEZ. Mr. Speaker, I want to take With only 22 players on the Rangers var- high school senior who excels in scholarship, a minute this morning to discuss the Commu- sity roster football team last fall, Green leadership and extracurricular activities. I met nity Reinvestment Act. For years, the CRA kept the versatile Schatz busy at numerous Glenn when I appointed him to be a Congres- positions on offense and defense. program has had a tremendous positive im- sional Page last spring, a job he approached ‘‘Because Glenn is quick to learn and such pact on low- and middle-income individuals all with the same commitment and zeal as he has a good athlete, we played him at a lot of dif- across America. CRA has let countless citi- the rest of his academic career. A four-sport ferent positions,’’ Green said. ‘‘On offense, zens achieve the American Dream by enabling we used him at fullback, tight end, wide re- letterman who has managed to maintain a them to own a home or business. ceiver and flanker. On defense, we used him 3.92 grade point average, while at the same Because of CRA, blatant discrimination in at linebacker, end, middle guard and tackle. time participating in the school’s marching, He never complained. He was willing to do lending is declining. Banks are now held re- jazz, and concert bands. He served as presi- whatever it took to help us win. He showed sponsible for how they use the community’s dent of the school’s Distributive Education his leadership abilities every day.’’ wealth and deposits. CRA has given hope to Club of America, the school chairman of the Prior to the football season, Green, in his our inner cities and rural areas by enabling Young Republicans Club, and a recruiter for first year as coach of the Rangers, didn’t home ownership and small business opportu- the Fellowship of Christian Athletes. Addition- know what he had in the 6-foot-3, 215-pound nities to increase. Schatz. The senior missed spring practice be- ally, he has been named a Presidential Schol- cause he was working as a Congressional Not only is CRA good for working people, ar Award semifinalist and a National Merit page, and he missed most of the summer it’s good for the banking industry. Banking offi- Scholarship finalist. passing league because he was taking college cials have told me that, because of CRA, Glenn will be heading off to the United courses at Cornell. banks have tapped into a ‘‘new market’’ in States Naval Academy in the fall, eventually to ‘‘I didn’t expect Glenn to come back to us low- and moderate-income communities. join the Navy’s Judge Advocate General (JAG) in great shape and wasn’t expecting that much of him,’’ Green admitted. ‘‘He was a In the greater Los Angeles region, including corps. I have no doubt that Glenn has the intelligence, commitment, and ability to accom- pleasant surprise for us. He did a nice job in my district in East L.A., the Bank of America the brief time we had him for the passing Community Development Bank and its affili- plish whatever goals he sets for his future. I league, but a passing league isn’t football. I ates have made more than $3.2 billion in new congratulate him on his enormous accomplish- didn’t know how tough he was, both phys- community development loans, and more than ments, and wish him all the good fortune in ically and mentally, so I wasn’t sure what he $650 million in low-income-housing tax credit the future. I am enclosing an article from one could give us.’’ investments. of the newspapers in my district, which further But Schatz, who lettered three years in football, two in basketball, one in baseball But now CRA is under attack. I urge my col- details the accomplishments of this impressive young man. and one in track, showed Green he could be leagues to protect CRA by supporting the an impact player and impressed the Navy Gutierrez Amendment to the Financial Mod- IT’LL BE ANCHORS AWEIGH WHEN SUPERBUSY football coaches, who would have offered ernization Act. SENIOR LEAVES UNIVERSITY HIGH Schatz a scholarship if he hadn’t received a Some students have a full plate in high Congressional appointment. ‘‘Can he play at Navy? I think he can be- f school. University High senior Glenn Schatz goes back for seconds. cause he’s so versatile and because he can HONORING THE DALLAS STARS— He has balanced a busy athletic schedule run well for his size,’’ Green said. ‘‘At the with the Rincon/University Rangers with his STANLEY CUP CHAMPIONS next level it’s difficult, but his goal is to studies, his music, and on-campus and off- make the traveling squad as a freshman, and campus activities to post a 3.92 grade-point I don’t think there are too many goals that average. Glenn has ever missed.’’ HON. SAM JOHNSON An impressive list of achievements has Schatz already had planned to serve in the OF TEXAS made this four-sport lettermen the winner of armed forces after graduating from college, the 1999 Tucson Citizen Student Athlete-of- intending to take ROTC. IN THE HOUSE OF REPRESENTATIVES the-Year Award. ‘‘At the beginning of the year, the Naval Wednesday, June 23, 1999 ‘‘You never expect to win this type of Academy was a side thought for me,’’ he award,’’ Schatz said. ‘‘There are so many said. ‘‘But the more I thought about it, the Mr. SAM JOHNSON of Texas. Mr. Speaker, quality nominees, it’s a honor just to be more it appealed to me, the way the system I rise today to honor the newest source of nominated.’’ works, how everything has a set structure, pride for north Texas—The Dallas Stars. But Rangers football coach Jeff Green isn’t because that fits my character. surprised Schatz is this year’s winner. ‘‘I have an uncle who went to West Point. Although the city of Dallas is no stranger to ‘‘He certainly deserves the award,’’ Green My whole family has served in one capacity winning championships, there was something said. ‘‘With all he’s involved in, his grades, or another. It’s always been part of my back- especially exciting about watching the Stars his leadership on and off the field . . . the fu- ground and heritage.’’ with the Stanley Cup. ture is bright for this young man.’’ Schatz hopes to become a lawyer and join Some of his academic highlights are: Scor- the Navy’s Judge Advocate General (JAG) Hockey was a relatively unknown sport in ing a 1,590 out of 1,600 on his SAT, getting a corps. north Texas when the Stars arrived from Min- perfect score on the verbal and missing just ‘‘The nice thing is that the Navy will pay nesota in 1993. one math question; received a Congressional for graduate school and law school,’’ he said. But in the short 6 years since then, the Dal- appointment from Jim Kolbe to the United ‘‘Through ROTC, I would have only served las Stars have developed a loyal following of States Naval Academy, which he will attend four years, but coming out of the Academy, in the fall; a National Merit Scholarship fi- fans, including myself. As a devoted fan of the I think I’ll advance pretty quickly, so now nalist; recently named a Presidential Schol- I’m thinking about making the Navy my ca- Texas Rangers, the Dallas Cowboys, and the ar Award semifinalist; awarded a Cornell reer.’’ Dallas Mavericks I am proud to add the Dallas University summer dean’s scholarship; and And perhaps later, a career in politics Stars to my list of hometown teams—Excuse won a Dow Jones Newspaper Fund writing might come along. Schatz called his semes- me, Hometown ‘‘Championship’’ teams. award. ter in Washington as a Congressional page

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 14086 EXTENSIONS OF REMARKS June 23, 1999 ‘‘the best experience of my life’’ and said he In addition, Ms. Dunham has spent a signifi- across the nation. Beginning in 1982, Mr. might run for Congress some day. cant portion of her life dedicated to the better- Johnson worked for the Caddo Parish Sheriff’s ‘‘The experience of working with Congress- ment of her community, East St. Louis. She Office in Shreveport, LA, serving in areas of man, people who control the way the country works, was wonderful,’’ he said. ‘‘I founded the Performing Arts Training Center corrections, patrol, public relation, and DARE; worked in the Clerk’s office and worked on in East St. Louis to provide area youths with finally ending his 10 year tenure at the rank of the House floor. I interacted with all the an artistic and culturally diverse activity. Sergeant. In 1993, Bobby was recommended Congressmen. I had to answer calls, take Also in East St. Louis, the Katherine to be the Coordinator for the Louisiana DARE messages to the Congressmen. It was really Dunham Museum provides others with the op- Training Center operated by the Red River something special.’’ portunity to share her cultural and artistic Delta Law Enforcement Planning Council. As is the 1999 winner of the Citizen’s Stu- knowledge. The museum is expanding to in- After serving 6 years at this facility, the Lou- dent Athlete-of-the-Year award. clude the African Artisanal Village, which will isiana DARE Officer’s Association nominated f offer a performing center for children and the Bobby for the office of 1st Vice President on ANDREWS HIGH SCHOOL CROWNED teaching of African Arts by Master Artisans, the National DARE Officer’s Association Board 1999 CLASS 4–A TEXAS BASEBALL fulfilling one of Ms. Dunham’s lifelong goals. of Directors. Mr. Johnson won this election in CHAMPIONS Mr. Speaker, I ask my colleagues to join me Salt Lake City that would be a four year posi- in wishing a happy 90th birthday to Katherine tion on the board, progressing from 1st Vice HON. LARRY COMBEST Dunham, a truly remarkable woman. President, to Vice President, to President, and f concluding with Past President. Presently, the OF TEXAS National DARE Officer’s Association is holding IN THE HOUSE OF REPRESENTATIVES MILLENNIUM CLASSROOMS ACT their annual conference in Washington, DC Wednesday, June 23, 1999 between the 7th and 10th of July. Mr. COMBEST. Mr. Speaker, I rise today to HON. RON PACKARD The Drug Abuse Resistance Education pro- join the community of Andrews, Texas in cele- OF CALIFORNIA gram is our nation’s most prominent and visi- brating the Andrews High School baseball IN THE HOUSE OF REPRESENTATIVES ble attempt to educate young people to resist drug abuse. It reaches over 60% of elemen- team’s victory in the 1999 4–A State Cham- Wednesday, June 23, 1999 pionship. Their triumph on June 11 marks the tary school children in the United States, and Mr. PACKARD. Mr. Speaker, I rise today to first time that the Mustangs of Andrews High is far and away the most prevalent drug edu- support H.R. 2308, the Millennium Classrooms School have brought home the Texas state cation program in use today. Act, authored by my Californian colleague title, an accomplishment that is truly deserving Mr. Speaker, Bobby Johnson not only DUKE CUNNINGHAM. of recognition and praise. serves his country diligently, but also is a fine The Andrews High School baseball program The Millennium Classroom Act will provide husband and proud father. He and his wife of has been built upon a firm foundation of hard increased tax relief to companies who donate 17 years, Kathy, have three beautiful daugh- work and sportsmanship. In its 22 years, Mus- computers especially those with Multi-Media ters between the ages of 6 to 12. I, along with his family, and all of the citi- tang baseball has steadily grown and devel- capabilities, to schools and public libraries, zens of Louisiana, salute his accomplishments oped into a force to be reckoned with in Texas particularly in low-income areas. In today’s and his active leadership in educating the chil- athletics. The group of young men who age, anyone entering the workplace needs to dren of America to ‘‘Just Say No.’’ Thank you claimed the state crown for Andrews displayed have an understanding of computers. This bill Mr. Bobby Johnson. what can be accomplished when West Texas will make it easier for children to have the determination and teamwork take the field. necessary education they deserve. f Our nation is facing many challenges as we It is with pride that I recognize the members THE CRUISE INDUSTRY of the Andrews High School baseball team for enter the new millennium and I believe it is the their hard-fought victory, as well as the coach- responsibility of citizens and elected officials HON. MARK FOLEY ing staff, faculty, and fans that rallied behind alike to find solutions to these problems. The Millennium Classrooms Act is a fine example OF FLORIDA them. Thanks to their tremendous efforts, a IN THE HOUSE OF REPRESENTATIVES corner of West Texas is now home to the of laws that promote cooperation between pri- Wednesday, June 23, 1999 1999 Class 4–A Texas High School Baseball vate sector businesses and their communities. Champions. I wholeheartedly extend my con- Mr. Speaker, I commend Congressman Mr. FOLEY. Mr. Speaker, today I rise to ad- gratulations to the Andrews High School Mus- CUNNINGHAM for authoring this bill. I urge my dress an issue that is central to our nation’s tangs, with every best wish for the seasons to colleagues to support its passage. economy, the tourism industry. As co-chair- come. f man of the Congressional Travel and Tourism Caucus, I believe this issue is worth bringing f IN RECOGNITION OF BOBBY J. to the attention of the American public. The ROBINSON HONORING KATHERINE DUNHAM issue I wish to discuss is the vital role which UPON 90TH BIRTHDAY the cruise industry plays in relation to our na- HON. RICHARD H. BAKER tion’s economy and tourism industry. HON. JERRY F. COSTELLO OF LOUISIANA In regard to our nation’s economy, the OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES cruise industry has made significant contribu- IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 1999 tions. With more than five million annual passengers, the industry is a major contributor to Wednesday, June 23, 1999 Mr. BAKER. Mr. Speaker, I rise today to pay the overall U.S. economy. In 1997 in my home Mr. COSTELLO. Mr. Speaker, I rise today to tribute to a distinguished law enforcement offi- state of Florida, the cruise industry was re- ask my colleagues to join me in paying tribute cer. Bobby J. Robinson, Vice President of the sponsible for direct spending of $2.1 Billion to Katherine Dunham as she celebrates her National DARE Officer’s Association Board of dollars and generated almost 59,000 jobs. 90th birthday. Directors, was sworn in as President on June Companies such as those outlined below Ms. Dunham has made immeasurable con- 10, 1999. Mr. Johnson’s dedication to law en- are but a few examples of domestic U.S. com- tributions to American art and culture. She is forcement and drug education has extended panies that depend on the cruise industry as an accomplished writer and performer, with for over 17 years. As President of the Officer’s a steady and important source of income: appearances in films, theatre, opera houses Association, Mr. Johnson will lead over 35,000 Tourism support services such as provided and on television; however, she is probably officers and educators in DARE program by Amadeus, Strategic Cruise Line Services, best known for her work as a choreographer classrooms across the United States and and Image Photo Services; and dancer. Her choreography incorporates around the world. Their important message to Purchases of ship equipments, and supplies the ethnic and cultural dances she learned of young people across this nation is to ‘‘Just from vendors such as General Hotel and Res- during her travels to Africa and the Caribbean, Say No’’ to drugs. taurant, Harbour Marine Systems, International as well as through her anthropological studies Bobby Johnson’s law enforcement career Paint, Mobil Aviation and Marine Sales and of these cultures. has moved him throughout Louisiana and Ecolab;

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14087 Corporate Services provided by companies Millions COMMUNITY RENEWAL THROUGH such as Maritime Telecommunications Serv- Drugs, Soaps and Sundries ...... 34 COMMUNITY- AND FAITH-BASED ices, the Berkely Group, Howard Snoweiss Personal and Repair Services ...... 22 ORGANIZATIONS Design Group and J. Walter Thompson; Real Estate ...... 19 Ship repair and maintenance provided by Apparel and Other Finished Tex- SPEECH OF companies across the country such as Atlantic tile Products ...... 19 HON. DEBBIE STABENOW Marine of Mobile, AL., Todd Pacific shipyards All other industries ...... 1,841 OF MICHIGAN of Seattle, WA., Cascade General of Portland, Total Direct Expenditures ...... 6,150 IN THE HOUSE OF REPRESENTATIVES OR., Unitour Ship Services of Long Beach, Tuesday, June 22, 1999 CA., and United States Marine Repair which Total Expenditures Resulting owns San Diego Shipyard, San Francisco Dry- from the Cruise Industry .... 11,620 Ms. STABENOW. Mr. Speaker, I rise today dock and Norshipco in Norfolk, VA. to express my deep concern regarding H. Food and beverage purchases are made in Res. 207, ‘‘Community Renewal through U.S. Job Impact of the North American Passenger Community- and Faith-Based Organizations.’’ a number of states from such familiar sources Cruise Industry While there are many statements in the reso- as Coca-Cola, Kraft, Heinz, Nabisco, J.R. Total Jobs Simplot, Fresh Point, Sysco, Ernest & Julio lution that I support, I oppose this legislation Travel Agents, Shore Transpor- and was very concerned to see it pass on Gallo, and Anheuser Busch. Every week, just tation & Other Transportation $26,465 one cruise ship will purchase approximately June 22, 1999. We have many wonderful Air Travel ...... 25,702 faith-based organizations and nonprofits in 25,000 pounds of food from U.S. suppliers— Passenger Cruises ...... 22,000 everything from beef, pork, chicken, seafood, Michigan who provide services to people in Business Services ...... 18,451 cheese and other dairy products, to vegeta- need. I believe they are an important part of Retail Trade ...... 10,381 bles and fruit. our human service delivery system. My con- The cruise industry provides employment for Hotels and Lodging ...... 7,914 cern arises in this legislation with the language thousands of U.S. citizens aboard its ships, in Wholesale Trade ...... 7,619 that would allow faith-based organizations re- shoreside corporate jobs, and with its exten- Water Related Services, Pri- ceiving Federal funds for charitable services to sive network of suppliers. Cruise lines and marily Ports ...... 7,243 require that beneficiaries of their services ac- their direct suppliers are the largest employer Membership and Misc. Services ... 5,894 tively participate in religious practices or in- of U.S. citizens in the maritime sector of the Ship Maintenance and Repair ...... 4,100 struction. This, Mr. Speaker, crosses a very United States. Food ...... 3,714 serious line drawn in our Constitution. This Furthermore, the cruise industry also plays Entertainment ...... 3,525 legislation violates our individual religious lib- a significant role in our domestic transportation Engineering & Management Serv- erties protected by the First Amendment’s and lodging industry. The cruise industry is ices ...... 2,486 separation of church and state. America’s largest private-sector purchaser of Insurance ...... 2,219 Clearly, H. Res. 207, infringes upon the U.S. airline tickets, accounting for more than Banking ...... 1,945 rights and freedoms guaranteed by our Con- four million tickets purchased annually. Pre- Construction ...... 1,600 stitution, and I deeply regret that it was passed by this House. and post-cruise packages include lodging at Fuel ...... 473 f some of the nation’s largest hotel chains in- Other Industries ...... 24,702 cluding: Hyatt, Intercontinental, Wyndham and TRIBUTE TO MRS. ANNA ROBERTS Sheraton. Total ...... 176,433 OF CHICAGO, ILLINOIS In view of the cruise industry’s contributions, I am proud to highlight some of the benefits HON. BOBBY L. RUSH which the tourism industry provides to our f OF ILLINOIS economy. It is with this thought in mind that I THE MURPHY-HARPST-VASHTI IN THE HOUSE OF REPRESENTATIVES continue to advocate the importance of both CAMPUSES the cruise and tourism industries. Support for Wednesday, June 23, 1999 the cruise and tourism industries will generate Mr. RUSH. Mr. Speaker, I rise today to rec- jobs and additional revenues for the United HON. BOB BARR ognize and honor the life of Mrs. Anna Rob- States. In conclusion, Mr. Speaker, I wish to OF GEORGIA erts who made her heavenly transition on introduce several statistics for the record gen- Wednesday, June 16, 1999 at the age of 93. IN THE HOUSE OF REPRESENTATIVES erated by a recent Price Waterhouse Cooper’s Mrs. Roberts was the youngest of fourteen economic analysis. I thank you for this time. Wednesday, June 23, 1999 children born to the union of the late Elizabeth 1997 CRUISE INDUSTRY ECONOMIC IMPACTS and William Martin in Atlanta, Georgia on Oc- Mr. BARR of Georgia. Mr. Speaker, I urge tober 17, 1905. DIRECT U.S. EXPENDITURES BY INDUSTRY—RE- those in Washington who believe government She united in Holy martimony to Mr. Roy SULTING FROM THE PASSENGER CRUISE IN- is the solution to every problem to visit the DUSTRY Roberts, Jr. in 1925. Shortly thereafter, Mrs. Murphy-Harpst-Vashti (MHV) campuses in the Roberts migrated to Chicago with her hus- Millions state of Georgia. Located across our state, the band, as God blessed them to have five sons Air Travel ...... $1,604 MHV programs are making a positive dif- Food & Beverage ...... 464 and a daughter. A devoted Christian woman, Financial Services ...... 352 ference in the lives of young people. Mrs. Roberts was a member of the Roman Business Services Including Ad- MHV focuses its efforts on at-risk children. Catholic Church, serving faithfully in the Holy vertising ...... 351 In other words, they help to turn the lives of Angels Church parish. She was preceded in Ship Maintenance and Repair ...... 220 endangered children around, and help them to death by her husband Roy, Sr., son, William Other Transportation Services, become productive members of society. Each Martin Roberts and daughter, Regina Roberts. Primarily Shore Tours ...... 160 of the MHV agencies reaches out to the com- The biblical Greek name Anna is the equiv- Petroleum Refining and Related Industries ...... 143 munities where they are located, identifies alent of the Hebrew name Hannah which Hotels and Lodging ...... 124 children who may become problems in their means favored and grace. Hannah was a fa- Insurance ...... 120 homes, schools, and neighborhoods, and ex- vored and virtuous woman. And in this day Entertainment ...... 96 tend a helping hand to them. and time, who can find a virtuous woman? Other Durable Goods ...... 78 In an era when many social workers, teach- One whose price is far above rubies and the Public Administration ...... 67 ers, and parents respond to troubled children heart of her husband is safely entrusted to Other Publishing and Printing .... 60 her. A woman who willingly works with her Nonresidential Construction ...... 56 by handing them prescription drugs and send- Fabricated Metal Products ...... 55 ing them on their way, the comprehensive ap- hands, who with the fruit of her hands plants Motor Vehicles and Parts ...... 49 proach to troubled children taken by the Mur- vineyards, with her hands she stretches out to Other Communications ...... 48 phy-Harpst-Vashti campuses provides a wel- the poor, with her hands she cares for the Retail Trade ...... 40 come change. I commend them for their work. needy.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14088 EXTENSIONS OF REMARKS June 23, 1999 A woman who works through the night to en’s Club of Three Rivers, Massachusetts will causes in a very positive manner. Again, feed her household. A woman whose strength celebrate its 75th anniversary. these are too numerous to mention. Having the distinct pleasure of representing We have been able to develop and promote and honor were her clothing. A woman whose our Polish culture, receive scholarship mouth speaks and wisdom and tongue with this community in the Congress, I take this op- grants for our daughters and members; have kindness. A woman whose children call her portunity to publicly congratulate the club’s or children of Western Massachusetts take blessed and most of all, a woman who fears members on their 75 years of dedication and part in the statewide essay contests spon- the Lord. Annabell, as she was affectionately good work to their community. This anniver- sored by the Federation; serve as executive known, was such a woman. A loving, com- sary is indeed a milestone; an achievement in officers and committee members in the var- mitted and dedicated wife, mother, grand- which they should be proud. ious organizations we are affiliated with. I also take this opportunity to enter into the We have been and are actively partici- mother, great grandmother, great-great grand- pating in religious, civic, political and com- CONGRESSIONAL RECORD today the complete mother, mother-in-law, godmother, aunt and munity affairs. friend. Indeed, she was a virtuous woman. history of the Polish Women’s Club of Three A scroll signed by members of our club was Mr. Speaker, I am truly honored to pay trib- Rivers. May the many years of service and included on November 13, 1976, in the time ute to the life and legacy of my constituent, good work of the club forever be remembered capsule buried at that time as part of the Mrs. Anna Roberts. as a part of our nation’s history. commemoration of the 200th Anniversary of the Town of Palmer. The capsule will be re- POLISH WOMEN’S CLUB OF THREE RIVERS, f opened in the year 2076. THREE RIVERS, MASSACHUSETTS, 1924–1999— Our membership today is 127–73 are 65 or IN RECOGNITION OF THE UNIVER- HISTORY SITY OF MIAMI’S NATIONAL over and 54 are under 65. Dues are $2.50 a On February 24, 1924, the Polish American year. Members 65 years and over are exempt TITLE Women’s Citizens Political Club of Three from payment. We follow the calendar year Rivers and Thorndike was formed. There for our meetings, January through Decem- HON. PETER DEUTSCH were 59 charter members. On March 30, 1924, ber, with no meetings June, July, and Au- Miss Anna Rusek became the first president. OF FLORIDA gust. Meetings are held on the fourth The purpose was: Wednesday of the month, at 7:00 p.m., at the IN THE HOUSE OF REPRESENTATIVES 1. To encourage women to become citizens St. Stanislaus Polish Home, Three Rivers. Wednesday, June 23, 1999 and assist them in procuring citizenship pa- In order to keep our treasury healthy we pers by teaching them English and related Mr. DEUTSCH. Mr. Speaker, I rise today in hold one big raffle a year during the winter. subjects. Our members are to be commended for their celebration of the University of Miami’s cham- 2. Take active part in politics and get prop- enthusiastic response for contributions of pionship victory in the National Collegiate Ath- er recognition and positions on local, state, prizes and selling of our raffle tickets. letics Association (NCAA) College World Se- and federal level. Past presidents: * Anna Rusek, * Mary ries. It is both an honor and a joy for me to 3. Support businesses owned by people of Jajuga, * Sophie Zerdecki, * Nellie Motyka, Polish extraction. * Anna Kulig, * Julie Midura, * Stephanie recognize the Hurricanes on their triumphant In 1933 we joined the Massachusetts Fed- season. Kolbusz, Genevieve Janosz, and Edna Pytka. eration of Polish Women’s Clubs, Inc. This (* deceased) On Saturday, June 19th, the Miami Hurri- affiliation enables us to further foster our Officers—Year 1999: Helen Grzywna, Presi- canes defeated the Florida State Seminoles Polish culture and we have gained much dent; Debra A. Geoffrion, Vice President; by a score of 6 to 5 to win this year’s NCAA through the years in this association. We Betty Brozek, Treasurer; Sophie J. baseball championship. This is the third cham- have hosted their conventions in 1952, 1969, Valtelhas, Recording Secretary and Pub- pionship for Miami and it is a fitting end to a 1979, 1984, and 1989. Our activities within the licity; Phyllis Misiaszek, Financial Sec- stellar, yet challenging, season in which the framework of the Federation includes Dis- retary; and Alice Pilch and Sophie Walulak, trict V which comprises the Western Massa- Auditors. ’Canes won 50 games, while losing only 13. chusetts area. We are very actively and con- The road to the championship was filled Helen Grzywna has been president for tinuously involved in holding various offices twenty-eight years and the club has pro- with adversity since the season’s beginning as and directing the activities of this unit. gressed under her leadership in many the Hurricanes lost three top hitters to the On October 20, 1958, our name changed to projects and causes too numerous to men- pros, and six more players to injuries. How- the Polish Women’s Club of Three Rivers. tion. ever, the team overcame these challenges Our constitution was revised to foster our The spirit that brought together in 1924 with outstanding performances on Saturday by ethnic culture, encourage higher education, those fifty-nine courageous women is still and exchange cultural ideals. This remains carried on today. Teamwork is an important players such as Kevin Brown and Mike Neu, our purpose to this day. whose efforts were symbolic of their team’s part of our organization and each member’s On May 8, 1949, we observed our twenty- contribution is highly valued. We are proud outstanding talent and hard work throughout fifth anniversary; on April 27, 1974, our fif- of our beginnings and of what we have ac- the season. tieth; on October 27, 1979, our fifty-fifth; on complished since 1924 and as we commemo- Coach Jim Morris deserves a great deal of October 27, 1984, our sixtieth; on October 28, rate this 75th anniversary we will continue credit for winning his first national baseball title 1989, our sixty-fifth; on October 22, 1994, our our tradition of exemplary dedication and in six years with the University of Miami. Since 70th, and on June 27, 1999, our 75th. service to our religious, civic, political, and We also have held or still hold member- community establishments. 1994, he has led the Hurricanes to very suc- ships in the United Polish American Organi- 75TH ANNIVERSARY PROGRAM cessful seasons, each concluding with heart- zations Council—Township of Palmer, Polish wrenching losses in the College World Series. American Congress, and The Kosciuszko Our 75th anniversary will be celebrated on This past Saturday, Coach Morris’s persever- Foundation. Sunday, June 27, 1999, staring with a Thanks- ance and dedication finally paid off. I wish to Monetary contributions have been made to giving Mass at 11:00 a.m. in the Saints Peter congratulate Coach Morris and the University numerous organizations, such as The Blind and Paul Church in Three Rivers. Our pastor, Reverend Stefan J. Niemczyk, will be cele- of Miami baseball team for a well deserved Children of Poland; Child’s Wish Come True, Inc.; Kosciuszko Foundation Renovation brant, assisted by Reverend Mr. Edward victory, a victory of which the entire university Fund, Palmer Ambulance Service Inc.; Palm- Tenczar, concelebrant. Immediately after and the south Florida community can be very er Library; Polish American Congress for the Mass, we will gather at the church’s Parish proud. Polish Room, Museum of Immigration at Center for a 1:00 p.m. dinner catered by Tony f Ellis Island; Pope John Paul II’s Guest House and Penny. President Helen Grzywna will in Rome and Endowment Fund; Pope John welcome everyone and then turn the pro- POLISH WOMEN’S CLUB OF THREE Paul II Cultural Center—Washington, D.C., gram over to Toastmistress Mary E. RIVERS, MASSACHUSETTS CELE- Saints Peter and Paul Church; Support of Rusiecki, past president of the Massachu- BRATES ITS 75TH ANNIVERSARY Solidarity in Poland; United Polish Amer- setts Federation of Polish Women’s Clubs, ican Organizations Council—Township of Inc., who will have the honor of introducing Palmer; and Literacy Volunteers of America the head table, officers, past presidents, and HON. RICHARD E. NEAL of Quaboag Valley. guests. The invocation will be given by Rev- OF MASSACHUSETTS Observance of our 50th, 60th, 65th, and 70th erend Stefan J. Niemczyk. Greetings and IN THE HOUSE OF REPRESENTATIVES anniversaries and the history of our club best wishes will be given by Patricia C. Wednesday, June 23, 1999 have been entered into the Congressional Donovan, Board of Selectmen, Town of Record of the United States of America. Palmer; Richard E. Neal, Second Congres- Mr. NEAL of Massachusetts. Mr. Speaker, We contribute our time, talents, and sional District Representative in U.S. Con- on Sunday, June 27th, 1999, the Polish Wom- money to various worthwhile projects and gress; Stephen M. Brewer, our State Senator,

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14089 Worcester, Franklin, Hampden, and Hamp- mind the fiscal problems of our nation’s basic steel coming to the Great Lakes region from shire District; Reed V. Hillman, Representa- industries. AMT relief is crtical for long-term abroad, grains going overseas, and iron ore tive in General Court, First Hampden Dis- AMT taxpayers, and I urge my colleagues to and coal moving from one port to another trict; Pauline Dziembowski, President of the Massachusetts Federation of Polish Women’s join in this important and timely effort. within the region. Since the last 1980’s indus- Clubs, Inc., and Christine Wurszt, Vice-presi- f trial manufacturing in the United States has re- dent of District V, MFPWC. Principal Ad- INTRODUCTION OF THE BINA- covered through investment in technology and dress will be by our member Suzanne corporate restructuring. Industrial production is Strempek-Shea, Author—Topic Our Counter- TIONAL GREAT LAKES-SEAWAY ENHANCEMENT ACT OF 1999 flourishing once more in the Great Lakes re- part 75 Years Ago. The St. Cecelia Choir gion; Midwest economies are booming. Yet, under the direction of Michael Rheault, Or- ganist and director of Music, at Saints Peter HON. JAMES L. OBERSTAR only a small volume of high-value finished and Paul Church, will entertain us with their goods is shipped through the system. The OF MINNESOTA music. One of the songs they will sing is Pol- Great Lakes region, therefore, is unable to ish Pride—Pope John Paul II (composed by IN THE HOUSE OF REPRESENTATIVES fully participate in this resurgence of economic Fred Brozek/music by Stephen Lebida). Bar- Wednesday, June 23, 1999 strength due to limitations in the Seaway’s ca- bara Marcinkiewicz will sing the American pacity. National Anthem and the Polish National Mr. OBERSTAR. Mr. Speaker, today, I am Anthem to start our program and at the introducing legislation, the Binational Great For more than 2 years, I have been working close of the program she will lead the audi- Lakes-Seaway Enhancement Act of 1999, to closely with interested parties in the Great ence in singing God Bless America and Boze improve the competitiveness of the Great Lakes maritime transportation community and Cos Polske. Reverend Mr. Edward Tenczar Lakes-St. Lawrence Seaway system and re- the infrastructure investment finance sector in will give the benediction. store its vitality. the United States and Canada to develop a f This coming Sunday will mark the 40th anni- proposal to allow the Seaway to reach its full versary of the opening of the St. Lawrence potential, to guarantee the future viability of ALTERNATIVE MINIMUM TAX Seaway. The Great Lakes-St. Lawrence Sea- REFORM the Seaway, and to continue the economic de- way system is a vital transportation corridor for velopment of the Great Lakes region. the United States. The Seaway connects the HON. J.D. HAYWORTH Great Lakes with the Atlantic Ocean and The bill I am introducing today, the Bina- OF ARIZONA makes it possible to ship manufactured prod- tional Great Lakes-Seaway Enhancement Act of 1999, developed in concert with the Honor- IN THE HOUSE OF REPRESENTATIVES ucts from our industrial Midwest and grains from the Upper Plains directly to overseas able Joe Comuzzi, a dear friend of mine and Wednesday, June 23, 1999 markets. Benefits of efficient operations of this a member of the Canadian Parliament whose Mr. HAYWORTH. Mr. Speaker, today I am transportation route are not limited to the district (Riding) is adjacent to mine, would es- introducing legislation that will reform the alter- Great Lakes region but extend throughout the tablish the foundation, create the conditions, native minimum tax (AMT) and mitigate its United States. Congress recognized the and provide the resources to permit the sys- devastating impact on America’s industries. broader impacts and, accordingly, designated tem to achieve its full potential. The bill would My bill, which would help all types of busi- the Great Lakes as America’s fourth sea coast authorize the creation of a binational authority nesses that are locked in the AMT, has at- in 1970. to operate and maintain the Seaway. It would tracted the support of firms in the mining, The Great Lakes region, and international also provide for the establishment of a non- steel, oil and gas, paper, coal, building, and markets, recognized the system’s potential, as federal credit facility to offer financial and printing industries, among others. evidenced by the sharp rise in vessel and other assistance to the Seaway and Great The corporate AMT was conceived as a cargo traffic through the Seaway immediately Lakes maritime communities for transpor- way ot ensuring that companies with economic after its opening in 1959. Unfortunately, that tation-related capital investments. income also paid some income tax. Unfortu- potential was never fulfilled. The upward trend nately, the AMT has a perverse effect on com- in cargo traffic peaked around 1977–79. It Specifically, the legislation would establish a panies that make large capital investments in then went into a long decline precipitated in binational governmental St. Lawrence Seaway plants and equipment but suffer from low part by a nationwide economic recession that Corporation by combining the existing, sepa- prices for their output. Frequently, these busi- hit the manufacturing sector particularly hard, rate U.S. and Canadian agencies that operate nesses make commodity products that have and prolonged in part because of capacity each country’s Seaway facilities. It would re- small profit margins and are subject to intense constraints imposed by the Seaway. quire the Corporation’s top management to international competition. Start-up businesses Locks on the Seaway and the Great Lakes run the Seaway in a business-like manner. It and rapidly growing companies whose profit were built as long ago as 1895. New locks would transfer Seaway employees and the op- margins may be slim in relation to their invest- constructed for the Seaway between the mid- erating authority of Seaway assets to the Cor- ment are also affected by the AMT. Extractive and late-1950s, as authorized by Congress in poration. It would provide labor protection for industries are another example of those 1954, were built to the same size as those current U.S. Seaway employees, whether or locked into the AMT. And companies in a loss completed in 1932. Locks and connecting not they transfer to the Corporation. It would position must routinely borrow money to pay channels were limited to 27 feet of draft. Be- offer incentives for employment and pay their AMT, even though they have no eco- cause vessel size had grown over time, Sea- based on job performance. It would set forth nomic income. way facilities were too small on its opening a process for the Corporation to become fi- Once in the AMT, a corporation often has day to serve the commercial fleet then in ex- nancially self-sufficient. At the same time, it problems getting back into the ‘‘regular tax’’ istence. Today, they are capable of accommo- would provide the United States with ample and then using up the AMT credits accumu- dating no more than 30% of the world’s com- oversight authority over the Corporation. lated during its time in the AMT. My legislation mercial fleet. An undersized Seaway that de- aims to end this vicious cycle by allowing nies large, specialized, and efficient vessels Through merger of the two national Seaway companies that have AMT credits that are access to the system will prevent U.S. prod- agencies into a single binational authority, we more than three years old to use their AMT ucts, especially those from the Great Lakes could eliminate duplication and streamline op- credits to offset up to 50 percent of their ten- region, from competing effectively in the global erations. Improved efficiency would reduce tative minimum tax. For firms that are currently economy. government’s cost of operating the Seaway. of of the AMT but carry AMT credit balances, In addition to declining traffic, inadequate in- Moreover, a unified Seaway agency would re- the bill would increase the amount of credits vestment in Seaway infrastructure caused the duce regulatory burden and help cut the sail- they are able to use currently, Finally, for com- mix of cargoes shipped through the system to ing time of ships through the system. This lat- panies in an AMT loss position in the current be transformed from one that was diverse to ter efficiency improvement would positively af- and two prior years, the bill would permit a 10- one composed largely of low-value commod- fect the bottom line of Seaway users. All of year AMT loss carryback. ities. Although the trend of cargo tonnage these efficiencies would make the system a As Congress moves forward on tax relief through the system turned up once again in more competitive and viable transportation legislation, it is imperative that we keep in 1993, current cargo mix consists of essentially route for international commerce.

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR99\E23JN9.000 E23JN9 14090 EXTENSIONS OF REMARKS June 23, 1999 The Great Lakes and the Seaway should be Digest will prepare this information for 10 a.m. considered as an integrated system in mari- printing in the Extensions of Remarks Finance time transportation. Improvements to the Sea- section of the CONGRESSIONAL RECORD To hold hearings on S. 646, to amend the way infrastructure alone would not be suffi- on Monday and Wednesday of each Internal Revenue Code of 1986 to pro- cient to deal with the efficiency and competi- week. vide increased retirement savings opportunities; S. 741, to provide for pen- tiveness problems facing the Great Lakes- Meetings scheduled for Thursday, June 24, 1999 may be found in the Daily sion reform; S. 659, to amend the Inter- Seaway system. On the contrary, improve- nal Revenue Code of 1986 to require Digest of today’s RECORD. ments to the Seaway could stress the capacity pension plans to provide adequate no- of ports on the Great Lakes. A comprehensive MEETINGS SCHEDULED tice to individuals whose future benefit approach is necessary to address the sys- accruals are being significantly re- tem’s investment needs. JUNE 28 duced; and other related proposals. My legislation, therefore, would provide for 2 p.m. SD–215 the establishment of a Great Lakes Develop- Commission on Security and Cooperation 2 p.m. ment Bank. It would outline in broad terms the in Europe Energy and Natural Resources structure of Bank membership. To ensure no To hold hearings on issues relating to Forests and Public Land Management Sub- taxpayer liability, this legislation would prohibit the trafficking of women and children committee the United States and the St. Lawrence Sea- in Europe and the United States. To hold oversight hearings on the United States Forest Service Economic Action way Corporation from becoming members of 2226 Rayburn Building 3 p.m. programs. the Bank. It would specify eligible projects for Foreign Relations SD–366 financial and other assistance from the Bank. To hold hearings on the nomination of It would define the forms of such assistance. John David Holum, of Maryland, to be JULY 1 Under Secretary for Arms Control and It would require recipients of Bank assistance, 9:30 a.m. International Security, Department of states or provinces in which such recipients Health, Education, Labor, and Pensions State. are located, contractors for projects financed Employment, Safety and Training Sub- SD–419 with Bank assistance, and localities in which committee such contractors are located to become Bank JUNE 29 To hold oversight hearings on the pro- members to broaden the Bank’s membership posed Work Investment Act. 9:30 a.m. SD–430 base. It would establish an initial capitalization Energy and Natural Resources Indian Affairs level for the Bank, and would provide as U.S. To hold hearings on S. 161, to provide for contributions $100 million in direct loan and up a transition to market-based rates for To hold hearings to establish the Amer- to $500 million in loan commitments that could power sold by the Federal Power Mar- ican Indian Educational Foundation. be drawn upon to meet the Bank’s credit obli- keting Administrations and the Ten- SR–485 nessee Valley Authority; S. 282, to pro- Energy and Natural Resources gations. It would set interest on U.S. loans to To resume hearings on S. 161, to provide the Bank at rates equal to the current average vide that no electric utility shall be required to enter into a new contract or for a transition to market-based rates yield on outstanding Treasury debts of similar obligation to purchase or to sell elec- for power sold by the Federal Power maturity plus administrative costs to preclude tricity or capacity under section 210 of Marketing Administrations and the taxpayer subsidy to the Bank. It would allow the Public Utility Regulatory Policies Tennessee Valley Authority; S. 282, to the United States to call loans to the Bank if Act of 1978; S. 516, to benefit consumers provide that no electric utility shall be the Bank is not complying with the objectives by promoting competition in the elec- required to enter into a new contract of this legislation and would provide specific tric power industry; and S. 1047, to pro- or obligation to purchase or to sell limitations on United States’ liability to protect vide for a more competitive electric electricity or capacity under section our interests. power industry. 210 of the Public Utility Regulatory SH–216 Policies Act of 1978; S. 516, to benefit Mr. Speaker, my legislation is intended to Health, Education, Labor, and Pensions make the Great Lakes-Seaway system a more consumers by promoting competition To resume hearings on proposed legisla- in the electric power industry; and S. efficient, competitive, and viable transportation tion authorizing funds for programs of 1047, to provide for a more competitive route. Such a system will enable our manufac- the Elementary and Secondary Edu- electric power industry. turers to bring their goods to the world market cation Act, focusing on arts education SH–216 at reduced cost, making their products more and magnet schools. 10 a.m. competitive in the global economy. This is a SD–430 Governmental Affairs sensible bill; it is a good-government bill. We 2:30 p.m. Oversight of Government Management, Re- Energy and Natural Resources structuring and the District of Colum- should all support it. I will be sending out a Forests and Public Land Management Sub- Dear Colleague letter seeking co-sponsors for bia Subcommittee committee To hold hearings to examine the federal the bill. I hope Members will offer their support To hold hearings on fire preparedness by food safety system. and join me in moving this legislation forward. the Bureau of Land Management and SD–342 the Forest Service on Federal lands. This proposal should be enacted this year. Foreign Relations SD–366 f To hold hearings on the role of sanctions in United States national security pol- SENATE COMMITTEE MEETINGS JUNE 30 icy. Title IV of Senate Resolution 4, 9:30 a.m. SD–419 agreed to by the Senate on February 4, Health, Education, Labor, and Pensions 2 p.m. 1977, calls for establishment of a sys- To resume hearings on proposed legisla- Foreign Relations tem for a computerized schedule of all tion authorizing funds for programs of East Asian and Pacific Affairs Sub- the Elementary and Secondary Edu- committee meetings and hearings of Senate com- cation Act, focusing on facilities. To hold hearings to examine United mittees, subcommittees, joint commit- SD–430 States policy towards Hong Kong. tees, and committees of conference. Indian Affairs SD–419 This title requires all such committees To hold hearings on S. 438, to provide for to notify the Office of the Senate Daily the settlement of the water rights JULY 14 Digest—designated by the Rules com- claims of the Chippewa Cree Tribe of mittee—of the time, place, and purpose the Rocky Boy’s Reservation; to be fol- 9:30 a.m. Indian Affairs of the meetings, when scheduled, and lowed by a business meeting to consider pending calendar business. Energy and Natural Resources any cancellations or changes in the SR–485 To hold joint oversight hearings on the meetings as they occur. Rules and Administration General Accounting Office report on As an additional procedure along To hold oversight hearings on the oper- Interior Department’s trust funds re- with the computerization of this infor- ations of the Architect of the Capitol. form. mation, the Office of the Senate Daily SR–301 Room to be announced

VerDate jul 14 2003 14:29 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 0634 E:\BR99\E23JN9.000 E23JN9 June 23, 1999 EXTENSIONS OF REMARKS 14091 JULY 21 further self-governance by Indian medicaid, and other third party payors, 9:30 a.m. tribes. and to expand the eligibility under Indian Affairs SR–485 such program to other tribes and tribal To hold hearings on S. 985, to amend the organizations; followed by a business Indian Gaming Regulatory Act. AUGUST 4 meeting to consider pending calendar business. SR–485 9:30 a.m. Indian Affairs SR–485 JULY 28 To hold hearings on S. 299, to elevate the position of Director of the Indian SEPTEMBER 28 9:30 a.m. Health Service within the Department 9:30 a.m. Indian Affairs of Health and Human Services to As- Veterans’ Affairs To hold hearings on S. 979, to amend the sistant Secretary for Indian Health; To hold joint hearings with the House Indian Self-Determination and Edu- and S. 406, to amend the Indian Health Committee on Veterans Affairs to re- cation Assistance Act to provide for Care Improvement Act to make perma- view the legislative recommendations nent the demonstration program that of the American Legion. allows for direct billing of medicare, 345 Cannon Building

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