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

Vol. 146 WASHINGTON, WEDNESDAY, SEPTEMBER 13, 2000 No. 107 House of Representatives The House met at 10 a.m. The point of no quorum is considered once and for all what his role was in The Chaplain, the Reverend Daniel P. withdrawn. leaking sensitive missile data to the Coughlin, offered the following prayer: f Chinese. Almighty God and Lord of our life, This is not just a matter of ethical we seek Your guidance that we may PLEDGE OF ALLEGIANCE conduct. It is a matter of national se- live Your life to fullest measure. The SPEAKER. Will the gentleman curity. Since the time of Sarah and Abra- from California (Mr. FILNER) come for- f ham, Your covenant with Your people ward and lead the House in the Pledge has been the model of married life and of Allegiance. NO SURPRISE BOB KNIGHT WAS civic order. Mr. FILNER led the Pledge of Alle- FIRED Enable husbands and wives to live in giance as follows: (Mr. TRAFICANT asked and was deeper understanding, honoring each I pledge allegiance to the Flag of the given permission to address the House other for their words and their good- United States of America, and to the Repub- for 1 minute and to revise and extend ness. lic for which it stands, one nation under God, his remarks.) May all people, especially children, indivisible, with liberty and justice for all. Mr. TRAFICANT. Mr. Speaker, it is live without fear or intimidation. f no surprise that Bob Knight was fired. Strengthen the bonds of intimacy in But think about it. Bob Knight’s ath- LORAL CORPORATION American family life that hearts will letes did not rape women, did not com- be converted to lasting values and find (Mr. PITTS asked and was given per- mit murder, did not molest children, joy as they continually uncover love mission to address the House for 1 did not carry guns, and did not sell and faithfulness in themselves and in minute and to revise and extend his re- drugs. each other. marks.) In fact, Bob Knight’s student ath- As the Government of this Nation, Mr. PITTS. Mr. Speaker, we all re- letes were most noted for graduating, let us create an atmosphere of peace member the fund-raising scandal that winning championships, being gentle- which helps family life flourish for gen- the President and the Democrats got men, and exhibiting discipline and re- erations to come. themselves into in 1996, foreign money spect. You are our source and guide now and money laundering. But perhaps the Beam me up. and forever. Amen. worst part was the apparent influence Bob Knight was a coach, not a guid- f of the People’s Republic of China. ance counselor or a spiritual leader. THE JOURNAL We all remember that the Loral Cor- I yield back all those zero-tolerant, poration which leaked sensitive missile overpaid, IUD administrators that Bob The SPEAKER. The Chair has exam- data to China was a major Democratic Knight should have kicked right in the ined the Journal of the last day’s pro- contributor that year. crotch. ceedings and announces to the House In fact, Bernard Schwartz, the presi- f his approval thereof. dent and CEO of that company, the Pursuant to clause 1, rule I, the Jour- largest single contributor to the DNC, CHILDHOOD CANCER AWARENESS nal stands approved. MONTH Mr. FILNER. Mr. Speaker, pursuant was recommended in 1998 as the focus (Ms. PRYCE of Ohio asked and was to clause 1, rule I, I demand a vote on of an independent counsel investiga- given permission to address the House agreeing to the Speaker’s approval of tion to find out if there was a connec- for 1 minute and to revise and extend the Journal. tion between donations and technology The SPEAKER. The question is on transfers. her remarks.) the Chair’s approval of the Journal. Well, one would think they would Ms. PRYCE of Ohio. Mr. Speaker, I The question was taken; and the learn their lesson. But we found out am wearing this gold ribbon today in Speaker announced that the ayes ap- last week that Mr. Schwartz is again support of Childhood Cancer Awareness peared to have it. giving huge amounts of money to the Month and to honor young children Mr. FILNER. Mr. Speaker, I object to Democrats. like my own daughter, Caroline, who the vote on the ground that a quorum FEC reports show that he has given have lost their lives to this devastating is not present and make the point of an average of $40,000 a month to Demo- disease and to show my support for order that a quorum is not present. crats since January of 1999, most of it those kids who have survived through The SPEAKER. Pursuant to clause 8, in unrestricted soft-money donations. their courageous, sometimes years rule XX, further proceedings on this I call on the Democrats to return long, submission to painful and iso- question will be postponed. these donations until we determine lating treatments.

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.

H7505

. H7506 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Leukemia, chemotherapy, lym- Dr. Biscet, an Amnesty International a row now, the Congressional basket- phoma, neuroblastoma, these are terms prisoner of conscience, has suffered 46 ball team has defeated the team of lob- no small child should have to pro- days of torture for refusing to succumb byists from the American League of nounce. And instead of the normal to his oppressors. He has been denied Lobbyists here in Washington, D.C. third-grade spelling words, my Caroline medical attention and has even been Last night’s game was a hard-earned was proud that she could spell Diflucan denied a Bible and religious visits. victory of 70–67. and Ativan, just two of the many drugs The doctor interpreted his duty The Congressional team got together she had to take every single day. under the Hippocratic Oath as an obli- in a bipartisan way. I would like to As millions of kids return to school gation to defend the lives of the Cuban mention that the gentleman from Wis- this September, we put the spotlight people. consin (Mr. BARRETT); the gentleman on this deadly disease. Two classrooms Dr. Biscet could not ignore the cries from New Jersey (Mr. LOBIONDO); the full of our children every weekday are of anguish of all who have died at the gentleman from Missouri (Mr. diagnosed with cancer. hands of the Castro regime. His com- HULSHOF); the gentleman from Ohio Cancer strikes more children than mitment is clearly stated in a letter (Mr. OXLEY), our general manager and asthma, diabetes, cystic fibrosis, and that he gave to his wife during their commissioner; the gentleman from In- AIDS combined. And while the inci- last visit: diana (Mr. BUYER); the gentleman from dence is steadily rising, childhood can- ‘‘The evil one, Castro, must acknowl- South Dakota (Mr. THUNE), our MVP cer still remains an underrecognized edge in me an eternal rival who will last night; the gentleman from Wis- and underserved disease. not lower his sword of justice, even if consin (Mr. KIND); the gentleman from This can change. This must change. confronted by misery, pain, and death Washington (Mr. INSLEE); the gen- This will change. simultaneously.’’ tleman from New York (Mr. FOSSELLA); f The U.S. and the Congress have al- the gentleman from Illinois (Mr. ways stood for freedom and for the de- ELECTRICITY CRISIS IN SAN SHIMKUS); and the gentleman from fense of the oppressed the world over. DIEGO California (Mr. BACA) all got together I ask my colleagues to join me in (Mr. FILNER asked and was given in an effort to prove that we can get calling for Dr. Biscet’s immediate re- along here in Washington and that we permission to address the House for 1 lease so that he can continue his mis- minute.) can do better when the cause is right. sion to try to free the Cuban people. Last night the American League of Mr. FILNER. Mr. Speaker, I just re- f turned from San Diego where earlier Lobbyists organized a benefit for over this week hearings were held by the AN IMPERFECT MILITARY $17,000 that will go to charity for the Committee on Commerce Sub- (Mr. HEFLEY asked and was given Hill staffers, for the hungry and home- committee on Power and Energy yes- permission to address the House for 1 less, for Horton’s kids, and for Every- terday by the Federal Energy Regu- minute.) body Wins, a youth mentoring program latory Commission on the electricity Mr. HEFLEY. Mr. Speaker, the Cold here in the Washington, D.C. area. crisis that is facing San Diego where, War may be over but the weight of re- We set a challenge for the lobbyists in the last 2 or 3 months, prices have sponsibility inherited by the United we can get along better, and we are doubled and tripled for the average States is heavier than ever. Threats going to make sure that some young consumer, people have gone out of are no longer contained by bipolar people here in Washington, D.C., ben- business not able to pay their bills, a ideologies. Threats come from every efit from it. tremendous drain on our economy corner of the world. It is under these f threatening recession for our whole conditions where our military forces CHILDHOOD CANCER AWARENESS area. find themselves doing more with less. It became clear in those hearings Stretched to a point where spare (Mr. BALLENGER asked and was that this crisis was not brought about parts become an oxymoron and reten- given permission to address the House by any problem with the supply and de- tion and morale is critical, it is in this for 1 minute.) mand, as some people charged, but was environment where I fail to understand Mr. BALLENGER. Mr. Speaker, we pure manipulation of the market by a the President’s rationale in sending are all aware of the impact that cancer few profit hungry power merchants Congress defense budgets asking for has on the American public. Sadly, we who provide and generate the elec- fewer and fewer dollars. often do not realize the severity of tricity for the western market. In every budget year since Clinton childhood cancer. Today alone, 46 chil- Three hundred fifty million dollars and GORE took office, the administra- dren will be diagnosed with cancer. But was sucked out of the San Diego econ- tion has proposed a decrease in defense even more disturbing is that only two- omy in the last 3 months, $2 billion out spending. As a matter of fact, the de- thirds of those with cancer will sur- of the California economy. fense budget has been reduced by more vive. I have legislation, Mr. Speaker, to than $10 billion in constant dollars Childhood cancer was recently make sure that the victims of this in- since fiscal year 1993. brought to my attention when Kim- credible price gouging disaster are not Fortunately, the Armed Forces have berly Davies, the daughter of a member the consumers and small business peo- received better support from a Repub- of my Washington staff, was diagnosed ple of California but those who have lican controlled Congress. Despite cuts with CML leukemia at the age of 7. made the ill-gotten gains. proposed by the administration, Con- Kimberly is doing well and continues Please pass H.R. 5131 to help San gress has funded above the President’s to fight this dreaded disease. Kimberly Diego. request and has long recognized the im- is lucky, she has a bone marrow match f portance of a prepared and well-funded through her sisters. However, most military force. children are forced to wait and look na- DR. OSCAR ELIAS BISCET, CUBAN Mr. Speaker, we should be proud of tionally for bone marrow donors. This DISSIDENT our men and women in uniform and process can be extremely long and ter- (Ms. ROS-LEHTINEN asked and was should provide them what they need to ribly uncertain. given permission to address the House do the job. The prognosis for Kimberly is posi- for 1 minute and to revise and extend f tive. However, without the constant re- her remarks.) search and new methods of treatment, Ms. ROS-LEHTINEN. Mr. Speaker, CONGRESSIONAL BASKETBALL Kimberly’s outlook may not have been Dr. Oscar Elias Biscet, a Cuban dis- TEAM DEFEATS AMERICAN so good. sident who, after more than 6 months LEAGUE OF LOBBYISTS Cancer is not a disease which only af- of imprisonment in Castro’s jail, clings (Mr. QUINN asked and was given per- fects adults. Cancer affects children, to life in the hope that his situation mission to address the House for 1 too. It is important that Americans are will help galvanize the global commu- minute.) aware of this and work to prevent and nity in support of Cuba’s political pris- Mr. QUINN. Mr. Speaker, I am here cure all forms of cancer. In Congress, it oner and dissident movement. to announce that for the second year in is important that we continue to fund September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7507 children’s cancer research. Every day, Mr. Speaker, I never met Carlos Currently, military provided health science inches closer to finding a cure. Caceres, but it comes as no surprise to benefits for beneficiaries over 65, fall Let us not hold back now. me to learn that he, like so many Puer- far short of what larger employers, in- I urge my colleagues to support the to Ricans before him, gave his life to cluding the Federal Government, pro- funding of child cancer research this defend the rights of others continuing vide to their retired civilians. year and in the years to come. a tradition of public service. Including a drug benefit for military f f retirees is a necessary step in keeping our promises to the men and women b 1015 TOP ISSUE FOR REPUBLICANS IS who risk their lives for our freedom. As EDUCATION CHILDHOOD CANCER AWARENESS I like to say, every day when I get up, (Mr. EHLERS asked and was given I thank God for my life and I thank our (Mr. GIBBONS asked and was given permission to address the House for 1 Armed Forces for my way of life. permission to address the House for 1 minute and to revise and extend his re- Mr. Speaker, I urge the conference minute and to revise and extend his re- marks.) committee to include these common marks.) Mr. EHLERS. Mr. Speaker, last sense proposals in the Defense author- Mr. GIBBONS. Mr. Speaker, last evening we had a chance, once again, ization bill, and in doing so, we will week, many parents throughout our to demonstrate that one of the top honor the heroes who protected free- districts sent their wide-eyed, youth- issues, if not the top issue, of the Re- dom in America and ensured democ- ful, energetic and anxious children off publicans is education. We were in this racy for the world. to their first day of school. What is dis- Chamber debating an excellent bill pro- f turbing to every one of us who may be posed by the gentleman from Pennsyl- MARRIAGE TAX PENALTY a parent is that on any given school vania (Chairman GOODLING) of the day, 46 children are diagnosed with Committee on Education and the (Mr. WELLER asked and was given cancer and two out of three will not Workforce. permission to address the House for 1 survive. He served for many years as a teach- minute and to revise and extend his re- September is Childhood Cancer er, then principal, then superintendent; marks.) Mr. WELLER. Mr. Speaker, there is a Month, placing the spotlight on pedi- and he has put his knowledge to good fundamental question this House of atric cancer, the number one disease use in his work here as chairman of the Representatives has worked so hard to killer of our children. Committee on Education and the address, and that is, is it right, is it While these statistics may be de- Workforce. fair that under our Tax Code 25 million pressing, the research and innovation This bill will improve reading train- married working couples on average into providing early diagnoses and ing of children, but above all, through pay $1,400 more in higher taxes. finding a cure proved to be very hope- a stroke of genius, he has also included ful for many of us parents. Let me give an example of a couple provisions that parents will receive back in Joliette, Illinois, Shad and Mr. Speaker, Congress must remain training in reading if they are illit- committed to funding cancer research Michelle Hallihan. They have a com- erate. bined income of about $65,000. They are programs, especially for pediatric can- Mr. Speaker, in my years of edu- cer. As we participate in the Childhood public school teachers. They own a cation, I discovered that the single home. They have a little baby, Ben, a Cancer Gold Ribbon Day, let us remem- greatest factor in the success of the ber the youthful victims of cancer. child. student is an interested and involved They suffer the marriage tax penalty. Congress must fully fund pediatric parent. But if the parent cannot read, In fact, their marriage tax penalty cancer research to ensure that they be- how do we expect the child to learn making $65,000 a year is about $1,400. come youthful survivors instead of how to read? Every House Republican, 51 Democrats youthful victims. The bill of the gentleman from Penn- joined with us, we voted to eliminate f sylvania (Mr. GOODLING) will ensure the marriage tax penalty. Unfortu- that both will happen, and it also IN MEMORY OF CARLOS CACERES nately, Bill Clinton and AL GORE ve- builds into it accountability to make COLLAZO, U.S. CITIZEN KILLED toed our effort to wipe out the mar- certain that the government’s money IN EAST TIMOR VIOLENCE riage tax penalty for people like Shad ´ is not wasted. This bill does much more and Michelle Hallihan. AL GORE says (Mr. ROMERO-BARCELO asked and than just that, but I wanted to high- that people like Shad and Michelle who was given permission to address the light this issue. I encourage all of my make $65,000 a year, own a home, have House for 1 minute and to revise and colleagues to vote yes on this excellent a child, suffer a marriage tax penalty extend his remarks.) ´ piece of education legislation. of $1,400 a year are rich and should not Mr. ROMERO-BARCELO. Mr. Speak- f be helped. That is wrong. er, the news last week of the brutal My hope is today, as we vote to at- murder of the three United Nations IMPROVEMENTS IN MILITARY tempt to override Bill Clinton’s and AL workers in West Timor, Indonesia at RETIREE HEALTHCARE GORE’s veto, that our effort to elimi- the hands of an angry mob has faded to (Ms. GRANGER asked and was given nate the marriage tax penalty and that the back pages of the country’s daily permission to address the House for 1 more Democrats will join with us on newspapers. minute and to revise and extend her re- this fundamental issue of fairness. But for the family the only U.S. cit- marks.) We will work to help people like izen killed in that attack, Carlos Ms. GRANGER. Mr. Speaker, I rise Shad and Michelle Hallihan, two public Caceres Collazo, a native of San Juan, today in support of improvements in school teachers who pay higher taxes Puerto Rico, the agony of the tragedy military retiree healthcare. While we just because they are married. is still sinking in. can never adequately thank the mil- f Carlos Caceres Collazo joined the lions of men and women who have United Nations High Commission on proudly worn the uniform in defense of URGING COLLEAGUES TO OVER- Refugees in 1995 and chose to work in America, we must honor our commit- RIDE VETO OF MARRIAGE PEN- the dangerous field of providing hu- ments to them. ALTY RELIEF manitarian aid to refugees in troubled Several provisions of the fiscal year (Mr. KNOLLENBERG asked and was spots such as East Timor. 2001 Defense authorization bill, which given permission to address the House The tragic death of this bright man, is currently in conference committee, for 1 minute and to revise and extend a graduate of Cornell University Law are important steps in honoring that his remarks.) School and the University of Florida, commitment. Mr. KNOLLENBERG. Mr. Speaker, I underscores the frailty of human life, Mr. Speaker, I am pleased to see that join my colleague from Illinois (Mr. but it also highlights the strength and both Chambers passed proposals to pro- WELLER) in rising to urge my col- valor of answering the call to those vide a prescription drug benefit to leagues to override the President’s re- who serve those in need. Medicare eligible military retirees. cent veto of marriage penalty relief. H7508 CONGRESSIONAL RECORD — HOUSE September 13, 2000 The Marriage Penalty Relief Act tice. Today the House of Representa- DeGette King (NY) Regula Delahunt Kingston Reyes passed by significant margins in both tives has an opportunity to fully legis- DeLauro Kleczka Reynolds the House and the Senate. It is overdue late, and that is to support the motion DeMint Knollenberg Riley for tax relief to our middle-income to instruct to pass real hate crimes Deutsch Kolbe Rivers families, who are dependent on two- prevention legislation. Diaz-Balart Kuykendall Rodriguez Dicks LaHood Roemer wage earners, who are hardest hit by In the midst of all of this, Mr. Speak- Dingell Lampson Rogan this penalty. It is especially hard on er, we will be having a number of frivo- Dixon Lantos Rogers that second wage, often the wife’s sal- lous motions, because our good friends Doggett Largent Rohrabacher Dooley Larson Ros-Lehtinen ary, because their income is taxed at on the other side are not serious about Dreier Latham Roukema higher marginal rates, often from 15 making a national statement against Duncan LaTourette Roybal-Allard percent to 28 percent. You can see how hate. They have fought us at every Dunn Leach Royce tough it is. turn in not passing the Hate Crimes Edwards Lee Rush Ehlers Levin Ryan (WI) As the President makes up his long Prevention Act of 1999, James Byrd was Ehrlich Lewis (CA) Salmon list of end-of-the-year spending prior- not enough. Matthew Shepherd was not Emerson Lewis (GA) Sanchez ities, let him remember and let us re- enough. I do not know who will be Etheridge Lewis (KY) Sandlin Evans Linder Sanford member the 25 million married couples next. I call upon the goodwill of this Everett Lipinski Sawyer who are struggling to make ends meet. Congress to pass this motion to in- Ewing Lofgren Saxton Instead of dedicating the surplus to struct. Farr Lowey Scarborough more spending ideas and bigger govern- Finally, Mr. Speaker, it is a matter Fletcher Lucas (KY) Schakowsky Foley Lucas (OK) Scott ment plans, we should return some of of justice. I asked the FBI to tell me Forbes Luther Sensenbrenner it to the American people who earned whether or not the indictment or the Fossella Maloney (CT) Sessions it, while continuing to pay down the trials and tribulations of Mr. Lee re- Fowler Maloney (NY) Shadegg Frank (MA) Manzullo Shaw debt. garding the Los Alamos spy incident Frelinghuysen Mascara Shays Let the American people decide for was a matter of racial profiling? Yes, it Frost Matsui Sherman themselves what is best and what is is a matter of justice. And I expect the Gallegly McCarthy (MO) Shimkus best for their families, not a politician FBI to respond to my inquiry as to Ganske McCarthy (NY) Shows Gejdenson McCrery Shuster in Washington. whether or not because you are of a Gekas McHugh Simpson f certain origin in this country, you are Gephardt McInnis Sisisky a spy or you are trying to undermine Gibbons McIntyre Skeen VOTE TO OVERRIDE VETO ON the United States of America. Gillmor McKeon Skelton MARRIAGE PENALTY RELIEF Gilman McKinney Smith (MI) f Gonzalez Meehan Smith (NJ) (Mr. KINGSTON asked and was given Goode Meek (FL) Smith (TX) Goodling Menendez Smith (WA) permission to address the House for 1 THE JOURNAL minute and to revise and extend his re- Gordon Metcalf Snyder The SPEAKER pro tempore (Mr. Goss Mica Souder marks.) Graham Millender- Spence Mr. KINGSTON. Mr. Speaker, I guess OSE). Pursuant to clause 8, rule XX, Granger McDonald Spratt it should come as no surprise to the the pending business is the question of Green (WI) Miller (FL) Stabenow the Chair’s approval of the Journal of Greenwood Miller, Gary Stark American people that the administra- Hall (OH) Minge Stearns tion that attacks the Boy Scouts is the last day’s proceedings. Hall (TX) Mink Stenholm now attacking the institution of mar- The question is on the Speaker’s ap- Hansen Moakley Strickland riage, and they are doing it from an in- proval of the Journal. Hastings (WA) Mollohan Stump The question was taken; and the Hayworth Moore Talent sidious higher taxes on the couples who Herger Moran (VA) Tanner dare do the right thing and walk down Speaker pro tempore announced that Hill (IN) Morella Tauscher the aisle. the ayes appeared to have it. Hinojosa Myrick Tauzin Mr. FILNER. Mr. Speaker, I object to Hobson Nadler Taylor (NC) Take the situation, a true story in Hoeffel Napolitano Terry Savannah, Georgia, woman’s name is the vote on the ground that a quorum Hoekstra Neal Thomas Ann and the husband’s name is Steve. is not present and make the point of Holden Nethercutt Thornberry They were making $25,000 each; they order that a quorum is not present. Holt Ney Thune The SPEAKER pro tempore. Evi- Hooley Northup Thurman got married last December. Now their Horn Norwood Tiahrt combined family income is $50,000. dently a quorum is not present. Hostettler Nussle Toomey Guess what? They went from 15 percent The Sergeant at Arms will notify ab- Houghton Obey Traficant sent Members. Hoyer Olver Turner tax brackets to now 20 percent tax Hunter Ortiz Udall (CO) brackets. They are paying more simply The vote was taken by electronic de- Hutchinson Ose Upton because they got married. Nothing else vice, and there were—yeas 337, nays 51, Hyde Oxley Velazquez changed. answered ‘‘present’’ 2, not voting 43, as Inslee Packard Vitter follows: Isakson Pastor Walsh This administration is going to look Istook Paul Wamp them in the eye and say no, you are [Roll No. 465] Jackson (IL) Payne Watkins wealthy, you do not deserve the tax, YEAS—337 Jefferson Pease Watt (NC) because guess what, some even wealthi- Jenkins Pelosi Waxman Abercrombie Biggert Cannon John Peterson (PA) Weldon (FL) er person and, of course, that is evil in Ackerman Bilirakis Capps Johnson (CT) Petri Weldon (PA) the minds of AL GORE, somebody might Allen Bishop Cardin Johnson, E. B. Pickering Wexler benefit from this, so we are not going Andrews Blagojevich Castle Johnson, Sam Pitts Whitfield Archer Blumenauer Chabot Jones (NC) Pombo Wicker to let you have your own money. Armey Blunt Chenoweth-Hage Jones (OH) Pomeroy Wilson Mr. Speaker, I hope that a few brave Baca Boehlert Clayton Kanjorski Porter Wise Democrats will for once put their con- Bachus Boehner Clement Kaptur Portman Wolf Baird Bonilla Clyburn stituents first and vote to override this Kelly Pryce (OH) Woolsey Baker Bonior Coble Kennedy Quinn Wu horrible veto and pass marriage tax Baldwin Bono Collins Kildee Radanovich Wynn penalty relief. Ballenger Boswell Combest Kilpatrick Rahall Young (FL) Barcia Boyd Condit Kind (WI) Rangel f Barr Brady (TX) Cook Barrett (NE) Brown (FL) Cooksey NAYS—51 PASS HATE CRIMES PREVENTION Barrett (WI) Brown (OH) Cox ACT OF 1999 Aderholt Crowley Hefley Bartlett Bryant Coyne Baldacci Cummings Hill (MT) Barton Burr Cramer Bilbray English Hilleary (Ms. JACKSON-LEE of Texas asked Bass Burton Cubin and was given permission to address Borski Filner Hilliard Becerra Buyer Cunningham Brady (PA) Ford Hulshof the House for 1 minute and to revise Bentsen Callahan Danner Capuano Green (TX) Jackson-Lee and extend her remarks.) Bereuter Calvert Davis (FL) Clay Gutierrez (TX) Berkley Camp Davis (IL) Ms. JACKSON-LEE of Texas. Mr. Coburn Gutknecht Kucinich Berman Campbell Davis (VA) Costello Hastings (FL) LaFalce Speaker, it is simply a matter of jus- Berry Canady Deal September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7509 LoBiondo Peterson (MN) Thompson (CA) The previous question was ordered. that is wrong. Raising a child is the Markey Phelps Thompson (MS) The motion was agreed to. McDermott Pickett Tierney single most important job in the world McGovern Ramstad Udall (NM) A motion to reconsider was laid on and we are right to provide these fami- McNulty Rothman Visclosky the table. lies with relief. Moran (KS) Sabo Waters The SPEAKER pro tempore. The un- Another excuse we will hear is that Oberstar Slaughter Weller Pallone Stupak finished business is the further consid- our bipartisan plan is too expensive. Pascrell Taylor (MS) eration of the veto message of the Too expensive for whom? Too expensive President on the bill (H.R. 4810) to pro- ANSWERED ‘‘PRESENT’’—2 for the U.S. Treasury, which is ex- vide for reconciliation pursuant to sec- pected to vacuum in 4.5 trillion surplus Carson Tancredo tion 103(a)(1) of the concurrent resolu- dollars over the next 10 years from the NOT VOTING—43 tion on the budget for fiscal year 2001. American taxpayers, or too expensive Bliley Goodlatte Sanders The Clerk read the title of the bill. for President Clinton who, just yester- Boucher Hayes Schaffer The SPEAKER pro tempore. The day, said he needed to spend that Chambliss Hinchey Serrano question is, will the House, on recon- Conyers Kasich Sherwood money for more government programs. Crane Klink Sununu sideration, pass the bill, the objections Last week, Vice President GORE DeFazio Lazio Sweeney of the President to the contrary not- talked about a rainy day fund, but the DeLay Martinez Towns withstanding? President’s deluge of spending will Dickey McCollum Vento The gentleman from Texas (Mr. AR- Doolittle McIntosh Walden soak that up like a super sponge. I Doyle Meeks (NY) Watts (OK) CHER) is recognized for 1 hour. would note to my colleagues on the Engel Miller, George Weiner Mr. ARCHER. Mr. Speaker, I yield other side of the aisle who undoubtedly Eshoo Murtha Weygand the customary 30 minutes to the gen- Fattah Owens Young (AK) will call this bill fiscally irresponsible Franks (NJ) Price (NC) tleman from New York (Mr. RANGEL), that the ranking Democrat of the Gilchrest Ryun (KS) pending which I yield myself such time Budget Committee, the gentleman as I may consume. b 1049 from South Carolina, voted in July for Mr. Speaker, today we make one last this exact same package. No one can So the Journal was approved. attempt to end the marriage tax pen- say that he is fiscally irresponsible. The result of the vote was announced alty for 25 million married couples. In his January State of the Union, as above recorded. Since 1995, a growing bipartisan major- President Clinton stood in this exact f ity in the Congress has tried time and Chamber and asked Congress to work time again to end this gross unfairness PERSONAL EXPLANATION with him to fix the marriage tax pen- in the Tax Code. But each time, Presi- alty. We have done that. He vetoed it. Ms. LOFGREN. Mr. Speaker, I would dent Clinton and a majority of the So here we are today making every ef- note for the RECORD that yesterday I Democrats in Congress have just said fort to override that veto. When he was unavoidably detained because I am no. In the past 6 years, President Clin- spoke, there were no preconditions, a United Airlines customer. There were ton has blocked marriage tax penalty there was no quid pro quo, no wink and flights that were considerably delayed. relief more often than Tiger Woods has a nod. In fact, there was only bois- Had I been present, I would have voted won golf’s major championships. terous applause and cheers from both ‘‘yea’’ on all of the rollcall votes yes- President Clinton’s latest veto leaves sides of the aisle. But 8 months later, terday evening. a Clinton-Gore legacy of denying 25 when most American families were on f million married couples relief from the vacation or getting their children marriage tax penalty for 8 years. It ready to go back to school, he quietly MARRIAGE TAX RELIEF REC- means that married couples will have ONCILIATION ACT OF 2000—VETO vetoed the bill. to wait longer for relief. It means that Now is our chance to right this wrong MESSAGE FROM THE PRESIDENT they will have to vote for new leader- OF THE UNITED STATES and finally put an end to the marriage ship in the White House if they want tax penalty for 25 million married cou- Mr. ARCHER. Mr. Speaker, I move justice and fairness in the Tax Code. ples. We should all vote to override the that the Committee on Ways and This bill does bring fairness to the President’s veto. Means be discharged from further con- Tax Code. It gives the most help to Mr. Speaker, I reserve the balance of sideration of the veto message on the those middle- and lower-income Ameri- my time. bill (H.R. 4810), to provide for reconcili- cans who are hit hardest by the mar- Mr. RANGEL. Mr. Speaker, I yield ation pursuant to section 103(a)(1) of riage tax penalty. By doubling the 15 myself such time as I may consume. the concurrent resolution on the budg- percent bracket, and, Mr. Speaker, we Mr. Speaker, I listened with great in- et for fiscal year 2001. all know that is the lowest income tax terest to the rhetoric of the distin- The SPEAKER pro tempore (Mr. bracket that affects primarily lower- guished Chairman of the Committee on OSE). The Clerk will report the motion. and middle-income people, and the Ways and Means as he would have us to The Clerk read as follows: earned income credit income threshold, believe that the Democrats do not Mr. ARCHER moves that the Com- which affects the very low-income peo- want to give relief as relates to the mittee on Ways and Means be dis- ple, we erase the marriage tax penalty marriage penalty. Now, he knows that charged from further consideration of for millions of lower- and middle-in- I know that we Democrats have come the veto message on the bill H.R. 4810, come workers. This is especially im- forward with a bill that true, it does an act to provide for reconciliation portant to working women whose in- not cost the $300 billion over 10 years, pursuant to section 103(a)(1) of the con- comes are often taxed at extremely as his does, but it takes care of the current resolution on the budget for high marginal rates, some as high as 50 marriage penalty, the same way we fiscal year 2001. percent by this tax penalty. tried to take care of the estate tax (For veto message, see proceedings of Despite all of this unfairness, I ex- abuses that we found in the Tax Code. the House of September 6, 2000 at page pect we will still hear some excuses The difference between the so-called H7239.) from the Democrats today why we can- Republican solution is that it is not The SPEAKER pro tempore. The gen- not do this. They will say that stay-at- concerning itself just with relief for tleman from Texas (Mr. ARCHER) is rec- home moms and dads and people who those people who have an additional ognized for 1 hour on the motion. own homes or donate to charitable or- tax burden because they are married, it Mr. ARCHER. Mr. Speaker, I yield ganizations should not get relief, and goes beyond that and it is a part of this myself such time as I may consume. this is their idea of targeting. Their tremendous, huge billion dollar, tril- This is simply a procedural motion to plan actually denies relief to these im- lion dollar tax cut that they conceived move to consider the veto message portant parents, and I accentuate those in the last session which could not get which will be subject to debate. who itemize, who have home mortgages off the ground. When it was vetoed, Mr. Speaker, I yield back my time, or pay taxes on their homes, who have they did not even bother to override and I move the previous question on itemized deductions get no relief. They the veto. So if we were to take the cost the motion. do not want them to get any relief, but of this bill far beyond that of marriage H7510 CONGRESSIONAL RECORD — HOUSE September 13, 2000 penalty, we will find plus $200 billion colleagues to search their hearts and The American people are faced in that does not even relate to the prob- souls and think about this upcoming this election with a choice: Will we lem that we are addressing. The same weekend as they return to their com- have a big tax cut, or will we invest in thing was true when they tried to do munities, their churches, and their the future? Most Americans are inter- something with the estate tax. No, my friends by standing up for the institu- ested in protecting their retirement, Republican colleagues do not want to tion of marriage, standing up for fami- their social security, their Medicare, pass laws, they want to pass bills that lies, giving them the relief they de- which is really security in health are going to be vetoed. serve, and overriding the President’s areas. They are interested in educating b 1100 political veto of this bill. their kids to deal with this economy so Mr. RANGEL. Mr. Speaker, I yield 3 we do not have to bring in, under the They almost made certain that they minutes to the gentleman from the H–1B visa, hundreds of thousands of have the veto before they bring it to sovereign State of Washington (Mr. people from around the world because the floor, because the President of the MCDERMOTT), a distinguished member we say our own kids are not qualified United States has already publicly said of the Committee on Ways and Means. to take the jobs in this economy, we if they want to negotiate a solution to (Mr. MCDERMOTT asked and was have to give the high-paying jobs to the tax penalty, sit down and talk. given permission to revise and extend people outside the economy. But if it was not so close to the elec- his remarks.) When we get down to this tax cut, it tion, this thing would be hilarious, be- Mr. MCDERMOTT. Mr. Speaker, let is part of an overall package. We are cause the first time the Republican me begin by saying that there is not going to cut it and make a negotiation leadership has an opportunity to go to anybody on this floor who does not at the end. the White House and to talk about want to help middle class families. Mr. ARCHER. Mr. Speaker, I would working out a solution to legislation so When the Contract with America was simply say, that is wishful thinking. we can get out of here, do they talk brought out here with all the fanfare in Mr. Speaker, I yield such time as he about the marriage penalty? No. Do 1995, the marriage tax penalty was in may consume to the gentleman from they talk about estate tax relief? No. it. When the first tax bill came to the California (Mr. LEWIS). Do they talk about a general tax cut Committee on Ways and Means, I of- (Mr. LEWIS of California asked and for everybody so people can have their fered an amendment to remove the was given permission to revise and ex- money? No. marriage tax penalty in the Committee tend his remarks.) What do they talk about? Well, lis- on Ways and Means. Every single Re- Mr. LEWIS of California. Mr. Speak- ten. Stay tuned in. There is a new Re- publican on the committee voted er, I thank my colleague for yielding publican plan, and the plan is to set against it. time to me. aside a part of the surplus to pay down The only reason we could say they I rise to express my support for the 25 our national debt. And when does it did it, I suppose, was kind of ‘‘NIH,’’ million married couples in the country come in? Three weeks before the con- not invented here. They did not have who will be negatively affected by the clusion of the legislative session. their name on it. So they came back President’s veto, and strongly urge So this is poppycock. They are hold- the next year after they had done the that we override that veto. ing the marriage penalty bill hostage polling and realized they had made a Mr. Speaker, Republicans and Democrats because they want to vote on the Presi- mistake, and they have been trying agree. Congress and the President agree. It is dent’s veto. He had the courage to veto ever since, but they always wrap it in wrong to tax 25 million couples at a higher this bill because it is irresponsible. We a humongous tax cut. rate just because they are married. So why have to sustain the President, and then Now, none of us believe that we will are we forced to override a veto to right this find out what is the next rabbit they leave this session without a cut in the wrong? The answer is simple: partisan politics. are going to pull out of the hat before marriage tax penalty. I will be willing The President and the Democrats say they we conclude. to bet anybody on this floor that when can't support the effort to resolve this injustice Mr. Speaker, I reserve the balance of we sign off and leave here about Octo- because it ``doesn't help the right people.'' my time. ber 1, we will have agreed with the Here are the ``wrong people'' it would help: Mr. ARCHER. Mr. Speaker, I yield 1 President on a middle-class tax cut on Nearly a million low-income working families minute to the gentleman from Florida the marriage penalty. who would receive up to $421 more a year (Mr. FOLEY), a respected gentleman What is amazing is what the gen- from raising the phase-out level of the Earned from the Committee on Ways and tleman from New York (Mr. RANGEL) Income Credit. Means. just talked about, the meeting that 25 million taxpayers at all levels who would Mr. FOLEY. Mr. Speaker, I thank the happened in the White House yester- save up to $1,450 in federal taxes because gentleman for yielding time to me. I day. The Speaker of the House came the standard deduction for married couples thank the chairman for his leadership, and said, ‘‘We have a plan: 90 percent would be made equal to two individuals. and my colleague, the gentleman from goes for debt relief, and 10 percent goes Millions more middle-income families who Illinois (Mr. WELLER), for his strong for investment.’’ If we take all the would save hundreds of dollars each year be- leadership in enactment of this bill. taxes that have been pushed by the Re- cause the 15 percent tax bracket for couples I urge every one of my colleagues to publicans and are pushed by Mr. Bush filing jointly would be increased to twice that of override this veto. At a time when of $1.7 trillion, and we only have $5.5 single filers. every Member of Congress is going trillion, if we have a calculator in our Millions of married taxpayers at all levels around the country, particularly the pockets, which the Speaker ought to would be treated fairly for the first time in candidates for president, and saying have, we realize that that is 31 percent nearly 40 years. These couples have been they are family-friendly, it is unbeliev- of the projected surplus that is going paying extra taxes every year since their wed- able to me that any Member could turn for tax cuts. We cannot do it in 10 per- ding. around and vote against ending a tax cent. It is 3 times as much as we left on The Democrats and the President have said penalizing married individuals. the table. they can't support this reform because it pro- Some Members here have already So either the Republicans on the vides some relief to the taxpayers who pay 65 turned their backs on working fami- floor are walking away from Mr. Bush percent of the nation's taxes. These are the lies, small businesses, farmers. When and his tax cut, which I think most of people who have funded the surplus that we we tried to protect their families from them are, or they simply are trying to are now blessed with. And when this fairness the legacy destroyed by death taxes, put a fraud out on the people that they legislation is in place, they will still pay 65 per- we were unsuccessful. We will debate can do 90 percent for bringing down the cent of the nation's taxes. and discuss that. But I urge them not debt and 10 percent, and there is no The Democrats and the administration clear- to do that today to married individ- money left for investment, no money ly believe the federal budget surplus is their uals. for social security, no money for Medi- money. They cannot conceive of allowing the As a society and as a civilization, we care, no money for education, none of people who have already provided this surplus cannot afford a government that pun- the issues that we ought to be doing to pay less in future years. Instead, they would ishes marriages. I ask every one of my with the surplus. spend it on mammoth new federal programs, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7511 run by Washington bureaucrats. Or they would tom line is, we help 25 million married But the bill that we are now dis- tell taxpayers now to spend their own money working couples. cussing would only give tax relief to in order to qualify for any reduction in the As I mentioned earlier, Shad and couples who face a marriage penalty. taxes they pay. Michelle make about $65,000 a year, Only about half of that goes to those It's time for Congress to recognize that this their combined income. They are mid- people. The other half of that bill, money belongs to the taxpayers. At the very dle class public school teachers. They which is a monstrous bill in terms of least, we should pass this legislation to pro- suffer the average marriage tax pen- the dollar amount, would go to, Mem- vide tax justice to 25 million families. alty. When AL GORE called for the veto bers guessed it, the wealthiest people Mr. ARCHER. Mr. Speaker, I yield 3 of this legislation, he said that people in our country who have no marriage minutes to the gentleman from Illinois who own a home, who make about penalty problem. (Mr. WELLER), a respected member of $65,000 a year, who pay the average That is why Democrats crafted a fis- the Committee on Ways and Means marriage tax penalty of $1,400, are rich, cally responsible marriage penalty re- who has fought very hard for this legis- and that if people itemize their taxes, lief plan. It is a plan that would help lation. like Shad and Michelle Hallihan, be- people in Macomb County, in St. Clair (Mr. WELLER asked and was given cause they are homeowners they do not County, middle class families that I permission to revise and extend his re- deserve any marriage tax relief because represent. I am talking about folks just marks.) they are rich. like the couple that we have just seen Mr. WELLER. Mr. Speaker, we are So that definition of rich says if one up here who work hard for a living, pay hearing a lot of rhetoric, particularly pursues the American dream, gets mar- their mortgage payment, pay their car on the other side today, but what is the ried, has a family, buys a home, and payment, but do not have a lot left issue today? There is one issue: that is, then has to itemize their taxes, they over or anything left over to save with do we override the President’s veto of are rich and they do not deserve mar- at the end of the month. our effort to wipe out the marriage tax riage tax relief. They should still suffer We can give those people a hand, and penalty that affects 25 million married the marriage tax penalty. we can do it without taking money out working couples who suffer higher That is wrong. I believe, and I think of Medicare and social security, and taxes just because they are married? the majority of this House believes, without risking the premise of reduc- In fact, 25 million married working that if one really wants to be fair, we ing the national debt. But we cannot couples on average today pay higher should help everyone. Couples making do it if we pass this Republican plan. taxes of almost $1,400 a year just be- $65,000 a year like Shad and Michelle That is why the President is standing cause they are married under our Tax Hallihan, who happen to be home- so steadfast against it. Code. owners and happen to itemize their It is time that we focused our atten- tion on helping middle-class families, I have an example here, Shad and taxes, deserve tax relief just as much not just those who are reaping enor- Michelle Hallihan, two public school as anyone else when it comes to the mous amounts of wealth in this coun- teachers from Joliet, Illinois, who suf- marriage tax penalty. fer the marriage tax penalty. They Let us override the President’s veto. try who have no marriage penalty problem, but who would get half of have an average income each year of I invite more Democrats to join with what this bill is all about. about $65,000. That is their combined us. Let us be fair to people like Shad I urge my colleagues to vote no on income. They are homeowners. They and Michelle Hallihan. They are not this proposal, and to sustain the Presi- have a child, little Ben. They suffer the rich, they are middle class. dent veto. marriage tax penalty, about $1,400. Mr. RANGEL. Mr. Speaker, I yield 3 Mr. ARCHER. Mr. Speaker, I yield In the South suburbs of Chicago, minutes to the gentleman from Michi- myself such time as I may consume. $1,400 is real money. It is one year’s gan (Mr. BONIOR), the distinguished mi- Mr. Speaker, I would briefly respond tuition at Joliet Junior College; it is 3 nority whip. to a statement made by my friend, the months of day care; several months’ Mr. BONIOR. Mr. Speaker, I thank gentleman from Michigan, which is not worth of car payments; it is a home my colleague for yielding time to me. accurate. That is that the Democrats mortgage payment, a month or two for Mr. Speaker, a number of years ago would take away the marriage penalty many, many families; but it is real there was a man from Michigan whose for those who itemize. Their plan does money for real people. advice to elected leaders was, ‘‘Say not, I repeat, does not provide any help That is what this is all about, is do what you mean and mean what you for those people who have homes and we allow folks like Shad and Michelle say.’’ Of course, that man’s name was mortgages and taxes and want to to keep their money, or do we send it Gerald Ford. He led this Republican itemize rather than take the standard to Washington, particularly on this House as a Republican leader, but it deduction. issue of tax fairness? would not hurt if those who followed Mr. Speaker, I yield 2 minutes to the I was so proud. After several years of him heeded his words today, because gentleman from Illinois (Mr. MAN- working, my chairman, the gentleman yesterday, in a complete turnabout, a ZULLO). from Texas (Mr. ARCHER), has been complete about face, the Republican (Mr. MANZULLO asked and was concerned about this issue since he leadership suddenly announced their given permission to revise and extend first came to this Congress. Many have hunger to join Democrats in working his remarks.) been working on this issue for a long to pay down the national debt. Mr. MANZULLO. Mr. Speaker, Shane time. This House and Senate voted to Of course, that was yesterday. Now, and Penny Fox were married in 1997. wipe out the tax penalty for people like it is less than 24 hours later and we are Shane is a graphic designer for a char- Shad and Michelle Hallihan this year, back at it again. Here they go again, ity, and Penny is a legal secretary. and we did it the year before. Unfortu- they are trying to pass another piece of In 1997, their taxable income was nately, the President vetoed it. their $1 trillion tax cut package, a $1 $47,000. When they went to file their We want to help everyone who suffers trillion tax cut package. It is the joint income tax return as required by the marriage tax penalty: those who mother of all tax cuts, and it would rob law, they paid $8,691 in income taxes. itemize, those who do not. America of its resources that we need But if they had remained single, they I was proud to say that every House not only to pay down the debt, but to would have paid $7,055, so these two Republican voted to eliminate the mar- strengthen social security and Medi- people with a combined income of less riage tax penalty. Fifty-one Democrats care, as well. than $50,000 a year paid $1,636 just be- joined with us to eliminate the mar- Our message to Republicans is that it cause they were married. riage tax penalty. We doubled the is time to mean what they say. I participated in that wedding cere- standard deduction for joint filers, for Should we do something about the mony. I read the Scripture where it married couples, so they earn twice as marriage penalty? Of course we should says that God says that a marriage is a much in the same tax bracket. do something, and the example that holy union. Yet, the official policy of We also widen the 15 percent tax was just given, they are absolutely the Federal government, of Congress bracket. We help those who itemize, we right, that couple should be given a and the administration, is to discour- help those who do not itemize. The bot- marriage penalty tax relief act. age marriage. It is to say, they should H7512 CONGRESSIONAL RECORD — HOUSE September 13, 2000 not get married. Marriage is not the while, the clock keeps running. There This is a very good bill. right thing to do economically. are less than 20 days left on the legisla- Mr. Speaker, I yield 2 minutes to the That does not make sense. That is tive calendar, and we still have not ap- gentleman from Ohio (Mr. TRAFICANT). public policy being made in Wash- proved 11 of the annual spending bills Mr. TRAFICANT. Mr. Speaker, I ington that discourages people from that keep the Federal Government op- agree with the gentleman from Texas getting married. What type of govern- erating. (Chairman ARCHER). This Tax Code is ment penalizes people because they The prospects for a Patients’ Bill of so perverse, it even taxes sex; marital say, ‘‘I do’’? Rights, a meaningful prescription drug sex, that is. benefit for seniors, a minimum wage Now, let us put the hay where the b 1115 increase, a middle-class tax relief grow goats can reach it. If one does not get Did they realize when they said for bleaker by the day. married, one pays less taxes, one gets ‘‘better or worse’’ it meant the Federal We agree that the marriage penalty rewarded. If one gets married, one pays Government would come along and pe- must be remedied. Our bill offers $95 more taxes, one gets hit over the head. nalize them $150 a month just because billion in relief over 10 years. But in- To me, that is unbelievable. they got married? stead of reaching compromise, the per- Is it any wonder, Mr. Speaker, we The tax is immoral, and sometimes fectionist caucus says do it my way or have so many unwed mothers in Amer- we have to eliminate taxes because take the highway. ica, so many kids on the street, kids they are immoral. Anytime we say The leadership once again forced us without guidance, kids without sta- marriage is wrong by the Federal Gov- to genuflect at the alter of Republican bility, kids without fathers, govern- ernment, it is an immoral tax, and it ideology, tax cuts for those who need ment paying the bills, and Congress ex- has got to go. them the least. That is where we differ, pecting schools to straighten them out, Do my colleagues know what? Under not on the couple that the gentleman to discipline them and to raise them? the Gore-Clinton plan of so-called mar- from Illinois (Mr. MANZULLO) just re- Beam me up. riage tax relief, because they bought a ferred to. Now, let us tell it like it is. I think home, they would not qualify for their This bloated tax bill would cost an there is too much partisan politics here plan. It discourages homeownership. estimated $292 billion over the next today, and we should be dealing with It is very, very simple. Marriage is decade. It would squander our surplus the people’s business. good, it is a holy union, but not to the while not helping this couple who Let us look at the facts. Our Tax Federal Government, and certainly not would pay higher interest rates be- Code subsidizes illegitimacy, but taxes to these two who have been penalized cause of the deficits that would result the institution of marriage. Our Tax $1,607 just because they said ‘‘I do.’’ in the squandering of the resources. It Code promotes sexual promiscuity, but Mr. RANGEL. Mr. Speaker, I yield would strip us of our ability to taxes the institution of marriage. Beam me up. 31⁄2 minutes to the gentleman from strengthen Social Security and Medi- One does not need to be a rocket sci- Maryland (Mr. HOYER), distinguished care and, as I said, a prescription drug entist to see this is the right thing to Member of the Congress. benefit. do. I will vote to override this anti- Mr. HOYER. Mr. Speaker, today we Pay down the debt and invest in our family, anti-child, anti-mother, anti- waste more precious time on yet an- children’s future. The Republicans’ spe- wife presidential veto. We are rel- other bloated tax bill. This motion to cial-interest political agenda is pre- egating people to the bottom end of the override the President’s veto, as the venting, not facilitating, tax relief for ladder, and the only hope we are giving chairman has correctly pointed out, working families. Let us sustain the them is go to the next rung. will fail. He knows that. The Repub- President’s veto, and let us get down to meaningful compromise that will af- This is not the way to do it. The lican leadership knows that as well. fect millions of Americans that need it President is wrong. We should override Yet we persist in this play-acting. most. this veto. The Republican leadership must give Mr. ARCHER. Mr. Speaker, I yield I proudly join forces with the gen- the appearance of doing something, myself such time as I may consume tleman from Texas (Chairman AR- anything in this do-the-wrong-thing- again to respond to, I think, an unin- CHER). If the truth be known, there are for-special-interests 106th Congress. tended inaccuracy on the part of the more Democrats deep down in this What do I mean by that? The reason we gentleman from Maryland (Mr. HOYER). election year that would like to vote do not reach a compromise on this is He said we are ready to fix the mar- with him, and they should. not because of those who are penalized riage penalty for those people who own I yield back all the broken homes in under the marriage penalty but those their homes and itemize. They have America and all the kids in jail that who are not penalized, the wealthiest never included that in one of their pro- need not be there. in America. That is why we do not posals. But they say they are ready to Mr. RANGEL. Mr. Speaker, I yield come to agreement with the President. fix it for middle-income people. I would myself such time as I may consume. That is why we do not come to agree- like to see that fleshed out in one of Mr. Speaker, I was so moved by the ment on both sides, not because of the their proposals. They have resisted it gentleman from Ohio (Mr. TRAFICANT), couple discussed by the gentleman over and over and over again. It is un- the previous speaker. But just let me from Illinois (Mr. MANZULLO). We can fortunate that they want to cut out say this, it seems as though the gen- all agree on that. these people that the gentleman from tleman from Texas (Mr. ARCHER), The Washington Post got it right re- Illinois (Mr. MANZULLO) just talked chairman of the Committee on Ways cently when it said of these Republican about. We will continue to pursue that. and Means, in his remarks to this au- tax bills, and I quote, ‘‘It is not clear I also want to say to the gentleman gust body, referred to the tax proposals which, if any, will be sent to the Presi- from Maryland I never said we were of the Vice President of the United dent. But that does not matter in a not going to override this veto. I am States. It may be parliamentarily prop- mock Congress. It is the show that still hopeful that there will be 40 per- er to do that, but I do not think we counts.’’ cent of the Democrats who will be en- want to hear anything about Vice Here we are at the show. Just like lightened enough and fair enough to do President GORE’s tax proposals on this last week’s debate on the estate tax this. floor because I will be tempted, tempt- where we could give millions of Ameri- Then, finally, I will say that Vice ed to bring up Governor George W.’s cans relief, but the gentleman from President GORE in his tax relief has tax proposals. But because of my affec- Texas (Mr. ARCHER), my friend, the said he wants to help stay-at-home tion for my Republican friends, I would chairman for whom I have a great re- moms and stay-at-home pops. Yes, we not want to offend or embarrass them spect and affection, we are not doing it, do that also while we fix the marriage and to have them to run away from because of the thousands that the penalty. What is wrong with doing it in them on the floor. So let us confine President will not include in the bill the same bill? Why do the Democrats ourselves to our legislative responsibil- and that we will not include in the bill. suppose what their own presidential ities. We are being forced to participate in candidate wants to do as a separate Mr. Speaker, I yield 3 minutes to the this show once again today. Mean- item? gentleman from Michigan (Mr. LEVIN), September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7513 a senior member of the Committee on keep what they earn to save, spend, The American public has said, Con- Ways and Means. and invest. This need not be partisan. gress, if in fact there is a surplus, and (Mr. LEVIN asked and was given per- We in the legislative branch have the know full well this is all projections, it mission to revise and extend his re- constitutional ability to override the is a guess over the next 10 years, but if marks.) President of the United States. We in- the guess is right, reduce the national Mr. LEVIN. Mr. Speaker, earlier, the vite our friends on the left, join with debt on my kids and grand kids, which gentleman from Illinois (Mr. WELLER), us, stand for families, not for dis- today is over $3 trillion. my colleague on the Committee on guising targeted tax cuts as spending That is where the emphasis should Ways and Means, said that the real programs, but straight up, allowing be, and that is what this Congress issue is overriding the veto. He, I American families to keep more of should be up to. But it is an election think, exposed what this is all about what they earn. That is true compas- year, so what we have to do is try to for the majority party. The real issue sion. That is why we must override this sell a bill to married couples which should be marriage penalty relief. presidential veto. really does something else to help in My suggestion is that, if people real- Mr. RANGEL. Mr. Speaker, I yield 3 the election process. ly want such relief, my Republican col- minutes to the gentleman from Wis- I urge my colleagues to not override leagues withdraw this effort that is consin (Mr. KLECZKA), a member of the the veto. Let us get back to what they doomed to failure and they do what we committee. said yesterday. Let us pitch debt reduc- have never done on the Committee on Mr. KLECZKA. Mr. Speaker, I have tion relief. Ways and Means, as the gentleman two points I would like to share with Mr. ARCHER. Mr. Speaker, I yield 1 from New York (Mr. RANGEL) has said, the body today. The first is that I am minute to the gentleman from Cali- sit down and work out a marriage pen- somewhat confused. I read here in the fornia (Mr. ROYCE). alty relief bill on a bipartisan basis. Congress Daily that the Republican Mr. ROYCE. Mr. Speaker, I thank the They never tried to do that. leaders went over to the White House gentleman for yielding me the time. The majority of us favor marriage yesterday, talked to the President, and Mr. Speaker, maybe we can clarify penalty relief. We can do it on a bipar- they told the President that they are this a little bit. What we are talking tisan basis. But, instead, we have a bill going to set aside their tax cuts in about in terms of the standard deduc- here that goes way beyond that. It is favor of debt reduction. Any surplus tion, what our Democrat friends are too broad. It is part of a package that coming in would be used for debt reduc- saying is that they will support an ad- is much too large; and as a result, the tion, a plan that the American public justment in the standard deduction but package is weighted too much in favor supports. they will not support what we do with of the very wealthy. No one on the ma- Well, that was yesterday. Now today the elimination of the marriage tax jority side has ever answered this fact: they come back to the floor of the penalty, which is to say that we also according to CBO, almost half of the House and try to override this bill they take care of those who itemize. tax cut in this bill goes to couples that call the marriage tax penalty. Now, 40 percent of the taxpayers pay no marriage penalty at all. itemize; and that is because 40 percent b 1130 So let us sit down and do what we or more have homes or have a condo- should do and work out, if we are seri- Well, let me talk about that for a minium. And, as a consequence, all of ous, a marriage penalty relief bill. My moment. If in fact we provide relief to the examples we have seen here today, Republican colleagues do not have a those lovely couples that the Repub- the posters on the floor, are of those political issue with this because the lican colleagues are bringing out on people who, frankly, itemize their de- majority of the public understands the posters, that would cost, over a 10- ductions. And because they itemize, what they are after, and that is a 30- year period, $95 billion. In the whole they will not get any relief unless we second ad instead of a 5- and 10-year scheme of things, that is affordable. pass the Republican bill. Under the tax relief bill. The Democrats support that. Repub- Democrat proposal, they do not get re- So I close by saying this, we are licans support that. The President, in lief from the marriage tax penalty. ready on the Democratic side to sit his State of the Union standing behind Now, on average, this is $1,400 per in- down with my colleagues, if they are me, supports that. dividual. serious about policy and do not want Then, why are we not doing it? Now, the President says these are the what they think is a good political Because the bill before us, Mr. Speak- rich. But it is just not the case that ev- move, and put together a marriage pen- er, costs $290 billion. Well, wait. Mar- erybody that owns a home or every- alty relief bill. I hope they will do that riage penalty is only $95 billion. Where body that owns a condominium and, after the veto is sustained. is the other $200 billion going? therefore, itemizes is rich. That is not Mr. ARCHER. Mr. Speaker I yield 1 Seems as the bill made its way true. I wanted to point out that. minute to the gentleman from Arizona through the process, the Republicans Mr. RANGEL. Mr. Speaker, I yield 2 (Mr. HAYWORTH), another respected added a little rider, they slipped in a minutes to the gentleman from Texas Member of the Committee on Ways and little amendment. And that amend- (Mr. GREEN). Means. ment expanded the tax income for the (Mr. GREEN of Texas asked and was Mr. HAYWORTH. Mr. Speaker, I 15 percent bracket. The effect is that given permission to revise and extend thank the gentleman from Texas (Mr. the bulk of the $200 billion added to the his remarks.) ARCHER), the chairman of the com- bill goes to the wealthy. But the Re- Mr. GREEN of Texas. Mr. Speaker, I mittee, for yielding me this time. publicans still call it marriage penalty thank my colleague from New York Mr. Speaker, I say in response to the tax relief bill. and our ranking member for yielding gentleman from Michigan (Mr. LEVIN), Well, my colleagues, that is a hoax. me the time. with all due respect, Mr. Speaker, this It is not marriage penalty tax relief. Mr. Speaker, I rise in opposition to is a bipartisan way to fix a problem. The bulk of the bill goes to people who the motion to override the President’s The Constitution provides for veto do not even pay the marriage tax pen- veto of the marriage penalty tax relief. override. alty. So what we have here is a sham, I support real marriage tax relief, but This need not be a partisan ballot. a hoax, a Trojan horse. this bill is fiscally irresponsible. This Indeed, when people get marriage li- On one day, out of one side of their bill would cost $292 billion over 10 censes, they do not record political af- mouths, they go to the President and years, $110 billion more than our House filiations. But when they fill out their say, no more tax cuts, we were wrong, version. tax returns and they are penalized to the American public does not buy it; Despite its appealing name, more the tune of $1,400 a year, that is a con- they want debt relief. Then, they come than half the tax cut would benefit cern whether one is a Republican, Dem- before the House floor and cry alligator couples who not only do not pay mar- ocrat, libertarian, vegetarian, inde- tears for these young, married couples riage penalty but actually get a mar- pendent. when they know the bulk of the $290 riage bonus. And we are not talking It comes to this simple philosophy: billion goes to their rich friends. That about the ones who may have a second let married couples and their families is what is going on around here. home. H7514 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Now, having been married for over 30 Moreover, by prohibiting married couples Means Committee. Our bills cost only years, as much as I would like to get a from filing combined returns whereby each about $9 billion a year to fix the whole bonus for having been married that spouse is taxed using the same rate applica- problem. long, I would like to work our tax pol- ble to an unmarried individual, the Tax Code What this bill does though, under the icy differently, Mr. Speaker, and just penalizes marriage and encourages couples to guise of fixing the problem, is to put us correct the problem of the marriage live together without any formal legal commit- further in debt to the tune of about penalty and not the marriage bonus. ment to each other. $200 billion more over 10 years than is Let us deal with that marriage The Congressional Budget Office has esti- needed to fix the problem. Most of this bonus. Let us reward people, stay-at- mated that 42 percent of married couples in- bill just gives deep tax cuts that are home moms or stay-at-home fathers, in curred a marriage penalty in 1996, and that not targeted and do not produce the de- a separate piece of legislation and not more than 21 million couples paid an average sired effect. confuse the issues. We are talking of $1,400 in additional taxes. The CBO further The reality is that almost as many about marriage penalty relief. found that those most severely affected by the people get a marriage bonus as get a In addition, the Republican bill al- penalty were those couples with near equal marriage penalty. Why do we need to lows many couples are denied tax relief salaries and those receiving the earned in- give any further incentives to get mar- because of the interaction between the come tax credit. ried? This is not the way that we alternative minimum tax with the in- This aspect of the Tax Code simply does should be using scarce resources. crease in the standard deduction in the not make sense. It discourages marriage, is What we ought to be doing is paying bill. About half the total tax cuts in unfair to female taxpayers, and disproportion- down the debt. We, the baby boom gen- this bill would benefit only the top 10 ately affects the working and middle class eration, got the benefit of the debt. We percent couples who have incomes over populations who are struggling to make ends should not be passing our bill on to our $92,500. meet. For all of these reasons, this tax needs kids. We should put first things first, We did have an alternative plan. A to be repealed and I support the veto override. pay off our debts and put our money Democratic proposal gave $10 billion Mr. COLLINS. Mr. Speaker, I yield 1 aside to pay for our retirement, so our more in marriage penalty relief to cou- minute to the gentleman from Michi- kids don’t have to. ples and it was not burdened by all the gan (Mr. UPTON). Let us fix the marriage penalty but other problems this bill has. But the Mr. UPTON. Mr. Speaker, earlier this do it in a responsible manner. Let us Democratic bill also cost half as much year I sat in this Chamber with many not squander the surplus. Let us pro- as this bill even though it added $10 bil- of my colleagues listening to a very vide for the future. lion more to marriage penalty relief. long State of the Union speech. It was Mr. COLLINS. Mr. Speaker, I yield My Republican colleagues have de- long for a lot of reasons, but one of myself such time as I may consume. signed a bill to give the tax breaks to them was that there were a lot of ap- Mr. Speaker, I hear the word ‘‘tar- the highest income couples even if they plause lines. Many Republicans and get,’’ let us ‘‘target.’’ do not suffer from the marriage tax Democrats, in fact, stood during one of The Tax Code targets everyone who penalty. those, as I did, when the President works and earns a check or earns an in- Tax relief is important but so is pro- talked about ending the marriage pen- come. So when we talk about relief, we tecting and strengthening Social Secu- alty tax. should also look at everyone who rity, Medicare, investing in education, This is a bipartisan bill. It was a bi- works and earns an income, whether providing for a prescription drug ben- partisan bill in both the House and the they be employed or self-employed. efit under Medicare, and also making Senate. It is not one side trying to jab The purpose of the marriage penalty sure our national defense is paid for, the other. This is not a tax cut for the relief bill is to try to establish some paying off the debt accumulated during rich. It does not help any special inter- fairness in a Tax Code that many peo- the 1980s and early 1990s. ests except for working couples. ple feel is unfair, that many people and We have to balance it, and that is What is wrong with that? almost all of us know is very complex why we need to correct the marriage Many of these couples, in fact, are and is very costly to the individual to penalty. The Democratic alternative struggling to try to make ends meet. abide by. provides for a middle-class tax cut and They are living from paycheck to pay- So what we were trying to do here still protects our vital national prior- check to paycheck. and we were successful in the bill but ities. We need to override this veto. We we were not successful with the Presi- The SPEAKER pro tempore (Mr. need to override this veto for American dent’s signature was to establish a OSE). Without objection, the gentleman families in all 50 States. I hope that my standard deduction that is equal and from Georgia (Mr. COLLINS) will con- colleagues would join me in voting to fair to each individual, whether they trol the time for the gentleman from override that veto later this morning. are single or whether they are married. Texas (Mr. ARCHER). Mr. RANGEL. Mr. Speaker, I yield 1 A single person has a $4,400 deduc- There was no objection. minute to the gentleman from Virginia tion. We were creating a $8,800 deduc- Mr. COLLINS. Mr. Speaker, I yield (Mr. MORAN). tion for a married couple rather than such time as he may consume to the Mr. MORAN of Virginia. Mr. Speak- current law that is about $7,300. gentleman from New York (Mr. GIL- er, I thank the very distinguished We were taking the approach that MAN). ranking member of the Committee on the first dollars earned as adjusted (Mr. GILMAN asked and was given Ways and Means. gross income, whether it be single or permission to revise and extend his re- Mr. Speaker, about 9 years ago, a whether an individual or a couple be marks.) constituent alerted me to the fact that filing as a married couple, that the Mr. GILMAN. Mr. Speaker, I rise in he was paying about $1,200 more in first dollars earned would be subject to strong support of H.R. 4810, the Mar- taxes for having gotten married than the 15-percent tax rate. For a single in- riage Tax Elimination Act, and in op- he and his spouse had been paying as dividual, the first $26,000 would be sub- position to the President’s veto. singles. He understood the reason for it ject to the 15-percent rate. And I am I became an early cosponsor of this legisla- that, when two people get married, using round numbers. For a couple, the tion because I believe the marriage penalty is they oftentimes have only one mort- first $52,000 would be subject to the 15- the most indefensible thing about our Nation's gage or rent to pay and they can econo- percent bracket. current Tax Code. mize in other ways and when they have Equal. Fairness. There is nothing The current Tax Code punishes married children they get a deduction for each wrong with that. And why those who couples where both partners work by driving child and that there is some ration- do not support that or why the Presi- them into a higher tax bracket. The marriage ality to the Tax Code. But it did not dent did not support that I do not penalty taxes the income of the second wage seem quite fair. know. I know the excuses, but I do not earner at a much higher rate than if they were We introduced a bill and it did not know the reasons. The excuses were taxed as an individual. Since this second earn- get too far. The gentleman from Wash- that we are helping the rich, we are er is usually the wife, the marriage penalty is ington (Mr. MCDERMOTT) had another helping those no matter what their in- unfairly biased against female taxpayers. bill that he got through the Ways and come level. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7515 What we were doing was establishing licans controlled both Houses of Con- Last year, they paid $1,953 more for fairness on the bottom rung of the lad- gress. the price of being married. That is der. And as they climb the ladder of in- Those are my priorities; and, quite wrong, and anyone can see how unfair come, they climb the ladder of progres- frankly, I am not going to steal it from this is. These people are not rich. They sive tax rates, marginal rates. We have the Social Security trust fund. I am do not drive fancy cars and take glam- five marginal rates, 15 percent being not going to steal it from the military orous vacations. They have to make the lowest. Then it goes to 28 and to 31 retirees trust fund. I am not going to car payments and mortgage payments and to 34 and to 39.6. And then, as they steal from it the Medicare trust fund, every month. They have to pay doctor reach that plateau, they begin to and I am not going to stick my chil- bills when one of the kids has an ear- itemize. They even lose their itemized dren with my bills. ache and they have to pay for day care. deductions based on their income. Mr. COLLINS. Mr. Speaker, I yield This is common sense tax relief for I regret that we have opposition to myself such time as I may consume. working South Dakotans and for work- this bill that supports a measure that Mr. Speaker, the gentleman from ing Americans, and I hope all Members would actually prohibit the itemized Mississippi (Mr. TAYLOR) makes some of this House can see the value of this deduction of homeownership. We very well-phrased comments. Neither legislation and the message it sends to should encourage homeownership. That are we going to steal it from Social Se- the American people and the people of is part of the American dream is to curity or from Medicare or from any this Nation that we value marriage, we own a home. trust fund; but what we have done, in encourage marriage, we do not want to We should encourage people to save. the appropriation process, is to in- penalize people because they choose to Part of these reductions and part of crease funding in all levels that he has get married. We need to repeal this law letting people keep more of their spoken of so that we can honor the and stop punishing married couples in earned income could lead to the possi- promises we made to our veterans and this country for having made a com- bility that some of them would save. so that we can replenish the funding mitment to each other. Overriding this needed for our defense. Some of them may even put it into a veto and repealing the marriage pen- He mentioned there is no surplus. Mr. savings account for their children for alty and the tax law is the right thing Speaker, we have a positive cash flow, to do for this country. education purposes. though, and this positive cash flow is Lastly, Mr. Speaker, we should en- Mr. RANGEL. Mr. Speaker, I yield 3 real. courage marriage. Marriage. When we I went into business at the age of 18, minutes to the gentleman from Texas have a tax code that discourages it, and at the age of 18 I went into debt. (Mr. STENHOLM). (Mr. STENHOLM asked and was that is wrong. Mr. Speaker, I am still in debt; and I do given permission to revise and extend So I ask my colleagues to swallow not have enough funds in my account his remarks.) the pride of supporting a President who to pay all of my debt, but what do I Mr. STENHOLM. Mr. Speaker, it is does not quite understand the meas- have to do? I have a positive cash flow interesting how quickly we dismiss the ures of this bill and support the Amer- that allows me to meet my obligations, statements of the gentleman from Mis- ican people, whether they be single or and through the years I have had posi- sissippi (Mr. TAYLOR) regarding the whether they be married. tive cash flow in some years and not in trust funds and the desire of many of Mr. Speaker, I reserve the balance of others; but those years that I did, I was us to change the manner in which we my time. able to give myself a little bonus, and Mr. RANGEL. Mr. Speaker, I yield what we are talking about here with have been addressing the trust funds. 11⁄2 minutes to the gentleman from Mis- this positive cash flow is leaving some Today, again, we have a simple ques- sissippi (Mr. TAYLOR). of it as a bonus for those who earned it tion; and I have a simple question to Mr. TAYLOR of Mississippi. Mr. and paid it into the Government, paid pose. If one believes that providing a Speaker, through the first 11 months of into the Treasury, a positive cash flow, tax cut as large as possible is more im- this fiscal year, our Nation ran a $12 one that can be used to meet our obli- portant than eliminating the national billion surplus. That is available for gations and one that can be used also debt and protecting Social Security every American to read. It is a pub- to give relief and a bonus to our people and Medicare, then vote to override the lished report of the Bureau of Public across this country. veto of this bill. However, if one agrees Debt. So there is no surplus. The only Mr. Speaker, I yield 2 minutes to the that eliminating the national debt and surplus is in the trust funds. gentleman from South Dakota (Mr. protecting Social Security and Medi- care is more important than any new b 1145 THUNE). Mr. THUNE. Mr. Speaker, I thank spending or tax cuts, then vote to sus- For the past 4 years, for 3 of those 4 the gentleman from Georgia (Mr. COL- tain the veto. years, I have heard the same Congress LINS) for yielding me this time. I am for marriage penalty relief. We that controls the purse strings tell our Mr. Speaker, let me just say I agree could come to this floor this afternoon veterans, the very people who gave us with the gentleman from Mississippi and in very short order develop a fis- the opportunity to even have this de- (Mr. TAYLOR) about the priorities he cally responsible compromise which bate, that their budget is frozen, for 3 noted, which is why we are increasing would bring meaningful support and of the past 4 years. In 1994, the last in record levels VA health care funding tax equity to millions of Americans. year that the Democrats controlled and we are increasing our spending on Sadly, we choose this morning to con- Congress, there were 404 ships in the military readiness, which is something tinue a charade. United States Navy. After 6 years of that is long overdue; but that is a de- I continue to be amazed at the level Republican control, we are down to 315. bate for another day. of inconsistency in the leadership of Why? Because there is no money. Well, What we are here to talk about today this House reflected from one message if there is no money for the veterans, if is the marriage penalty, which I think of the day to the next. On one day this there is no money for the survivors’ is a no brainer. I cannot believe that House loves to congratulate itself on benefit pension offset, if there is no we have to debate this thing. We have its commitment to debt reduction. The money for dual compensation for peo- 75,000 married couples in South Dakota next day it is tax relief for small busi- ple who are crippled while they become who pay higher taxes because they nesses. Another day we swear our sup- military retirees, why is it that we can choose to say ‘‘I do.’’ These are regular port for lockboxes for Social Security afford to give away $200 billion to peo- working people. and Medicare and then we promise ple who already get a tax benefit the I will give an example of just what I huge tax cuts not only for middle- and day they get married? am talking about. There is a young low-income married couples but we The Democrat plan would free up couple that came into my office. The also sneak in wider tax brackets to those $200 billion to take care of our husband makes $46,000 a year. The wife benefit the higher-income folk. veterans, to take care of our military makes $21,000 a year. They are married. Now, I think most of these are wor- retirees, to build the United States They are in their early thirties and thy and, in fact, should be among our Navy back up. It is now the smallest it they have two young children under highest priorities; but it is just not has been since 1933, while the Repub- the age of 4. possible to have ten different number H7516 CONGRESSIONAL RECORD — HOUSE September 13, 2000 one priorities. It takes leadership. The are now talking about what do we do priorities. I urge my colleagues to vote no on Blue Dogs looked at the whole picture about staying out of Social Security the override of President Clinton's veto. early this year and realistically bal- and giving the people some of their Mr. RANGEL. Mr. Speaker, I yield anced each concern with the other. We money back. We hear targeted tax the balance of our time to the gen- decided that our number one priority cuts. This is targeted for couples who tleman from Missouri (Mr. GEPHARDT), should be eliminating our national are married. What better way to target our distinguished minority leader. debt so that we can meet our commit- tax cuts than to people who are mar- (Mr. GEPHARDT asked and was ments to Social Security and Medicare ried? My goodness, my goodness, there given permission to revise and extend in the future. We should talk about tax should not be any question about this. his remarks.) cuts after we have agreed on a long- This is a people’s issue, and on this Mr. GEPHARDT. Mr. Speaker, I rise term plan to set aside enough of the one we are on their side. We are doing to support the ending of the marriage surpluses over the next 10 years to what the people need, married couples, penalty, to say that the Democratic al- eliminate the debt and deal with the low income, middle income, all folks, ternative did that for people that actu- challenges facing Social Security and married couples. What better way to ally have a marriage penalty, and our Medicare. target tax relief. Vote to override the problem with this bill is that it extends I would congratulate my colleagues President’s veto. Vote with the major- about 60 percent of its benefits to peo- from the other side of the aisle for ity side here. Vote for the people and ple that earn above the middle class coming around to the Blue Dog posi- repeal and override the marriage tax and have many more means than the tion on debt reduction, at least in their veto. middle class and, frankly, do not have rhetoric yesterday. Unfortunately, the Mr. RANGEL. Mr. Speaker, I yield a marriage penalty. leadership’s conversion to the cause of such time as she may consume to the Our problem with the bill, and the debt reduction appears to have been a gentlewoman from California (Ms. President’s problem with the bill, and short-term plan of convenience and not PELOSI). the reason the bill was vetoed, is that a serious long-term commitment to (Ms. PELOSI asked and was given it goes ahead and does a lot of things paying off the debt. The fact that we permission to revise and extend her re- that have nothing to do with the mar- are voting today on this fiscally incon- marks.) riage penalty. sistent tax cut makes me seriously Ms. PELOSI. Mr. Speaker, I thank We are all for getting rid of the mar- doubt the seriousness of the Repub- the gentleman from New York (Mr. riage penalty. For about $100 billion lican leadership’s rhetoric about debt RANGEL), the distinguished ranking over 10 years, we could do that for the reduction. member, for yielding me this time. people that have a problem. We could If the leadership of this House were Mr. Speaker, as one who celebrated be carrying on a discussion today serious about debt reduction yesterday, her 37th wedding anniversary last about a bill that the President would they would not be coming to the floor week, I certainly do not support mar- sign that would end the marriage pen- today with this override. We should be riage penalty, but I do support the alty, but that is not what was chosen working on a fiscally responsible tax Democratic alternative and urge my to do. So we are wasting time today, cut. I urge my colleagues to vote to colleagues to sustain the veto and con- again, working on a bill that has been sustain the veto so we can get to work gratulate the distinguished ranking vetoed that will never see the light of on a fiscally responsible marriage tax member for his extraordinary leader- day. I go door to door in my district; I penalty relief. ship on this. went door to door last weekend and Mr. COLLINS. Mr. Speaker, I yield 2 Mr. Speaker, we all agree that couples people talked to me about all kinds of minutes to the gentleman from Ten- should not be penalized by the tax code when issues, prescription medicine and Medi- nessee (Mr. WAMP). they decide to marry. That is not the issue. care, a Patients’ Bill of Rights, helping (Mr. WAMP asked and was given per- The problem with the Republican marriage public education and trying to get mission to revise and extend his re- penalty bill is that its tax cuts go well beyond smaller classroom sizes. marks.) marriage penalty relief by widening the tax And they talk about tax relief; but Mr. WAMP. Mr. Speaker, there has brackets of higher income tax payers. Half of they want tax relief that is affordable, been a lot of talk this fall about who is the relief in the Republican proposal goes to reasonable, feasible, and is targeted at for the powerful and who is for the peo- people who do not pay any marriage penalty the people that really need it. They do ple, and I have a populist thread that today. As a result, their proposal costs an as- not think we need tax relief for people runs deep to my core and most folks tounding $182 billion over the next ten years, that earn $130,000, $150,000, $200,000 a know I come right from the center of consuming nearly one-fourth of the surplus. year. They earn $30,000 a year or $40,000 this floor, from this body to the micro- Such substantial costs will leave less money a year; and they would like the tax re- phone to speak from time to time; and to strengthen Social Security and Medicare, lief limited and targeted at them. They I have to say that this is where the provide a prescription drug benefit to seniors, also want us to save the vast majority rubber meets the road because this is a pay down the national debt, and provide other of the surplus to pay down the debt and people’s issue. This is a populist issue. essential government services. I support to take care of Social Security and It is about average people, 110,000 of President Clinton's veto of this fiscally irre- Medicare. them in my district. They will pay sponsible Republican proposal because enact- Now yesterday in a meeting in the $1,400 per couple less in taxes. Since ing a tax cut that reduces our ability to ad- White House, the Speaker and other they are married, they should not be dress these important priorities will harm fami- Members of the Republican leadership taxed unfairly. lies, businesses and communities across the came in with a new budget, and the This is where the people are heard. country. new budget is that we are going to save This is an issue where the rubber meets Democrats have a sensible alternative that 90 percent of the unified surplus to pay the road. I clearly believe we are on the costs almost half as much as the Republican down the debt. Now, there are two side of the people here on repealing the bill, while still providing marriage penalty tax problems with this. One, we are back to marriage tax penalty. Our Tax Code is relief to a majority of Americans. The Adminis- the unified surplus. I thought we were too complicated. That debate is for an- tration has indicated that President Clinton putting Social Security in a lockbox. If other day, but we have to come back to would sign the Democratic alternative if it we are exposing the unified surplus to that. It is also unfair. This tax is un- came to his desk. Marriage penalty relief could some new goal setting, 90/10, it could fair. We need to eliminate it. This is be signed into law right now if the Republican mean that in some years we would where the rubber meets the road. leadership would support this alternative. enter the lockbox and start spending There was a comment about pro- Despite what Republicans claim, Democrats Social Security money. tecting Social Security. My side, for 2 do not oppose tax cuts, and we have not op- b years, has kept us out of Social Secu- posed marriage penalty relief. However, we do 1200 rity. That is a success. We deserve the emphasize the importance of both fairness I cannot imagine that we would want credit for that. There is no question and fiscal responsibility when providing tax re- to do that. that we pushed the envelope there and lief. Fairness that ensures family security and The second thing is, here we are on we stayed out of Social Security. We fiscal responsibility that protects our nation's the floor today spending an hour trying September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7517 to override a veto on a $300 billion tax that we would give some tax relief, and when we tax something we get less of cut. If you add up all the tax cuts that we would start paying down on the it. Why in the world would the Clinton the leadership has brought to the floor debt. administration retain a policy that and passed, you are well above 10 per- We were told by this side of the aisle forces married couples to pay a finan- cent of the surplus. So the action today and Washington pundits and Wash- cial penalty? How can they call a fam- is inconsistent with the theory that ington media that that is impossible, ily that is making $43,000 a year rich? was propounded just yesterday. We we cannot balance the budget and cut Their definition of middle class is any- want to do these bills. taxes and pay down on the debt. I am body that does not pay taxes. I say to my friends on the other side, very proud to stand before my col- Why do Democrats offer an alter- let us stop the posturing. Let us stop leagues and tell my colleagues that the native that says it is fine, we can take the putting out bills that are not going budget is balanced, and it has been for advantage of the marriage penalty tax anywhere. People in your districts and a couple of years, that we stopped the and repeal it, but if we have a home in mine want us to do something now, raid on Social Security that was going and pay a mortgage or we itemize de- this year, to end the marriage penalty. on for 40 years. ductions, we do not get the benefit of We can do the marriage penalty before They were taking the Social Security repealing the marriage penalty. these next 3 or 4 weeks are up, if we surplus and spending it on government The support in this House for ending will only target it at the people that programs. We did that last year. And the marriage penalty clearly shows actually have a marriage penalty. we will do it again this year. that the American people want and Mr. Speaker, I urge Members to vote We stopped the raid on Medicare sur- need relief from that tax. A country to sustain this veto. Let us sit down in plus. They were using that for big gov- founded on freedom should not main- a spirit of bipartisanship and let us get ernment programs. We have a big sur- tain a Tax Code that arbitrarily places the job done for the American people. plus, and for the last couple of years, an extra burden on husbands and wives. Mr. COLLINS. Mr. Speaker, I yield we have actually not talked about it, Mr. Speaker, I urge my colleagues such time as he may consume to the we actually paid down over $350 billion and the President to support this effort and to end the unfair tax on married gentleman from Texas (Mr. SAM JOHN- on the public debt. couples. SON). We started this year with a budget (Mr. SAM JOHNSON of Texas asked that said that now that we have this Mr. BLUMENAUER. Mr. Speaker, today's and was given permission to revise and surplus, we have got to keep it out of debate is supposedly about the marriage pen- extend his remarks.) the hands of the Washington spenders, alty, but like last week's debate on the estate Mr. SAM JOHNSON of Texas. Mr. and we need to return it to the Amer- tax, it is really about priorities and fiscal dis- Speaker, I want to assert that our fam- ican people, because they are the peo- cipline. It will never be possible to design a tax sys- ilies need some help in America, and ple that paid it and it is their money tem that is perfect. Often people of good will this is the way to give it to them. and they are overtaxed. That is the def- disagree about objectives and interpretations. inition of a surplus. For a third time President Clinton and Vice Most of the people I represent, however, and We said that we would take, and I re- President GORE have vetoed a bill to eliminate a majority of Americans want us to do the job mind the minority leader, at that time the marriage penalty tax because they say it right. They know we can do better. The Presi- we would take 85 percent of the surplus is risky. dent is correct in resisting a series of tax cuts and pay down on the debt, and take My question is: What is risky about helping that favor those who need help the least until other 15 percent and give some of that married couples keep more of their own there is at least equal attention to the plight of tax money back to the American peo- money. those who need our help the most. Marriage is a cherished institution in Amer- ple, and we do it in many ways. Repeal There are some serious marriage penalties ica and we should promote it, not discourage the death tax, well, the President ve- in the tax code and in other areas of federal it. toed that. law, but this bill would not fix them. Lower-in- Right now, married couples pay more in One of the most important reasons is come workers, who benefit from the Earned taxes than two single people living together. why we are here today is to give some Income Tax Credit, face a sharp reduction in That's just not right. Washington must stop pe- relief to married people, and there is a benefits when they marry. This bill does not nalizing the cornerstone of our societyÐthe surplus, there is a $70 billion surplus. begin to address that problem. Nor does it try American family. Not counting the Social Security sur- to distinguish between the slightly less than We should encourage marriageÐnot penal- plus, we have a surplus that does not half of America's couples who are affected by ize it. count the Social Security surplus or the marriage penalty and the other half, who In my district alone, this bill would end the the Medicare surplus, and we can take receive a marriage benefit. This bill lowers marriage penalty for over 150,000 Americans. 90 percent of that and pay down the taxes for many, while overlooking those who Mr. Clinton and Mr. GORE should stop play- debt. need our help the most. ing election year politics. This bill is just too The institution of marriage is the This bill does nothing to ease a difficulty important. foundation of our communities and our that fully 50 percent of families will face by A vote to override the President's veto is a government. Marriage is something 2010Ðthe risk that using the child care and vote for American families. that we ought to be honoring and we education credits will force them into the Alter- Mr. COLLINS. Mr. Speaker, I yield ought to be respecting. It is time to re- native Minimum Tax. This is a very real prob- such time as he may consume to the peal the destructive immoral tax cur- lem, especially for larger families who simply gentleman from Texas (Mr. DELAY), rently imposed on married couples, a will not get the tax relief they were promised. the Majority Whip. tax that this administration refuses to These problems can all be fixed, and the Mr. DELAY. Mr. Speaker, I thank the lift. cost would be lower than the unfocused pro- gentleman from Georgia (Mr. COLLINS) The President had the opportunity to posal the President rightly vetoed. We could for yielding the time to me. end this unfair tax earlier this sum- have tax relief for those who face the biggest Mr. Speaker, it is really fascinating mer, and with the stroke of a pen, he problems, while still reserving funds to provide at times how short people’s memories could have extended fairness to the health insurance to some of America's 11 mil- are or the lack of sense of history. millions of American families who are lion uninsured children; to offer prescription When the Republicans became the ma- burdened by this tax. Unfortunately, drug coverage to the one-third of older Ameri- jority in 1995, we had 40 years of the the President placed a higher value on cans who have no insurance for this expense; Democrats control of this body. For 40 retaining Washington spending than he and to pay down the national debt. years, they ran up the debt on this did on extending relief for struggling Mrs. MINK of Hawaii. Mr. Speaker, I will country. young families during the last vote on vote to override the President's veto of H.R. For 40 years, they had budgets as far this issue. 4810, the Marriage Tax Penalty Relief Act. as the eye could see that were going to A very strong bipartisan majority of Elimination of the marriage tax penalty has run deficits and increase the debt on the House embraced the simple com- long been my priority. Some argue it is overly our children and grandchildren. When mon sense of ending a tax that dis- generous because it widens the 15 percent we came in, we told the American peo- criminates against people starting tax bracket for all married couples. I see noth- ple that we would balance the budget, families. All of us understand that ing wrong with increasing the 15 percent H7518 CONGRESSIONAL RECORD — HOUSE September 13, 2000 bracket for married couples from the current Second, H.R. 4810 will help the Internal couples who are not affected by any marriage income level of $43,850 to a level of $52,500. Revenue Code become more marriage-neu- penalty at allÐand overall the bill is still fatally No one can claim that those couples are rich. tral. Currently, many married couples who file flawed. Because our tax structure is progressive, obvi- jointly pay more Federal income tax than they It seems clear that back in July the Repub- ously widening the income covered by the 15 would as two unmarried singles. The Internal lican leadership decided to insist on sending percent will impact on all the upper income Revenue Code should not be a consideration the President a bill he would veto, on a time- levels. The issue is whether the lowest tax when individuals discuss their future marital table based on their national nominating con- bracket group should be increased. status. vention. If that was their desire, they have I want the Republican and Democratic lead- Therefore, for these reasons, and many oth- achieved it. I greatly regret that the Repub- ership to get together and work out a marriage ers, this Member urges his colleagues to vote lican leaders decided to insist on confrontation tax bill that will be signed by the President. I to override the President's veto of H.R. 4810, with the President instead of seeking a work- voted for the Democratic proposal in July. The the Marriage Penalty Tax Elimination Rec- able compromise that would lead to a bill that differences between the two proposals are not onciliation Act. the President could sign into law. so wide that they cannot be bridged. My vote Mr. UDALL of Colorado. Mr. Speaker, when If the President's veto is upheldÐand I think is meant to send a message that repeal of the we considered this bill the first time, I voted for it will beÐI hope that Members on both sides marriage tax penalty is due. Eliminating one of itÐalthough I was very reluctant to do soÐin of the aisle will work to develop a bill that will the most unfair provisions of the tax code is the hope that the Senate would improve it suf- appropriately address the real problem of the long overdue. If increasing the lowest tax ficiently to make it acceptable. ``marriage penalty'' and that can be signed into bracket make it too expensive, then let's com- However, that did not happen. So, I could law this year. Certainly, I am ready to join in promise that, so it costs less. But let's pass not vote for the conference report on the bill their efforts. the repeal of the marriage penalty. and will not vote to override the President's Mr. BENTSEN. Mr. Speaker, I rise in oppo- Mr. BEREUTER. Mr. Speaker, this Member veto. sition to the veto override of H.R. 4810. With rises today to express his support to override I support ending the ``marriage penalty,'' but just under fourteen legislative days remaining, the President's veto of H.R. 4810, the Mar- my initial support for the Republican leader- we are poised to vote on a measure that will riage Penalty Tax Elimination Reconciliation ship's bill was reluctant because I though that only provide tax relief to a small segment of Act. This bill will have a positive effect, in par- bill was not the right way to achieve that goal. Americans, at a cost of $292.5 billion over 10 ticular, on middle and lower income married That was why I voted for the Democratic alter- years and at the expense of providing uni- couples. native, a measure that would not have been versal Medicare prescription drug benefits, At the outset, this Member would like to vetoed. strengthening Social Security and Medicare, thank the distinguished Chairman of the In some areas the Republican leadership's and paying off the National debt during the House Ways and Means Committee from bill did too little, and in others it did too much. 1980's and early 1990's. Mr. Speaker, this Texas (Mr. ARCHER), for introducing this legis- It did too little by not adjusting the Alternative massive tax cut, like the Estate and Gift tax lation. Minimum Tax. That means it would have left bill before it, puts our seniors and our fiscal It is important to note that H.R. 4810 passed many middle-income families unprotected from security at risk. the House on July 20, 2000, by a vote of 271 having most of the promised benefits of the H.R. 4810 is overly broad and benefits not to 156, with this Member's support. The Sen- bill taken away. The Democratic substitute only those subject to a penalty but also would ate also passed the same reconciliation meas- would have adjusted the Alternative Minimum confer tens of billions of dollars of ``marriage ure. In turn, the President vetoed H.R. 4810 Tax. It did too much because it was not care- penalty tax relief'' on millions of married fami- on August 5, 2000. fully targeted. It did not just apply to people lies that already receive marriage bonuses. While there are many reasons to support who pay a penalty because they are married. Approximately half of the tax reductions from overriding the President's veto of H.R. 4810, Instead, a large part of the total benefits under the bill's ``marriage penalty relief provisions'' this Member will enumerate two specific rea- the bill would have gone to married people would go to families that currently receive sons. First, H.R. 4810 takes a significant step whose taxes already are lower than they marriage bonuses. According to a recent toward eliminating the current marriage pen- would be if they were single. In other words, Treasury Department study, roughly 48 per- alty in the Internal Revenue Code. Second, a primary result would not be to lessen mar- cent of couples pay a marriage penalty and 42 H.R. 4810 follows the principle that the Fed- riage ``penalties'' but to increase marriage ``bo- percent get a marriage bonus under current eral income tax code should be marriage-neu- nuses.'' tax law. Therefore, this bill, which will cost tral. And, by going beyond what's needed to end $292.5 billion over 10 years will provide a First, this legislation, H.R. 4180, will help marriage ``penalties'' the Republican leader- mere $149 in tax relief to the average family eliminate the marriage penalty in the Internal ship's bill as originally passed by the House with income of less than $50,000. Further, Revenue Code In the following significant would have gone too far in reducing the sur- once fully phased in, nearly 70 percent of the ways: plus funds that will be needed to bolster Social benefit will be enjoyed by couples earning STANDARD DEDUCTION Security and Medicare. more than $70,000 annually, even if they suf- It will increase the standard deduction for Those were the reasons for my reluctance fered no marriage penalty under existing law. married couples who file jointly to double the to vote for this bill. They were strong reasons. As I have said before, the most troubling as- standard deduction for singles beginning in In fact, as I did then, if voting for the bill would pect of H.R. 4810 might well be the plan's in- 2001. For example, in 2000, the standard de- have meant that it immediately would have be- crease in the 15 percent bracket for married duction equals $4,400 for single taxpayers but come law, I would have voted against it. But couples to twice the single level, phased in $7,350 for married couples who file jointly. If I reluctantly voted for it because at that point over six years. This one provision, which ac- this legislation was effective in 2000, the the Senate still had a chance to improve it. counts for nearly 60 percent of the measure's standard deduction for married couples who I was prepared to give the Republican lead- cost, would provide no relief to the 61 percent file jointly would be $8,800 which would be ership one last chance to correct the bill's defi- of all married couples are already in the 15 double the standard deduction for single tax- ciencies rather than simply to insist on send- percent bracket. Moreover, once H.R. 4810 is payers. ing it to the President for the promised veto. implemented, nearly half of American families THE 15-PERCENT TAX BRACKET I hope that the Republican leadership would with two or more children can expect to re- It will increase the amount of married cou- allow the bill to be improved to the point that ceive little, if any, tax relief because an in- ples' income (who file jointly) subject to the it would merit becoming lawÐmeaning that it creasing number of these families would be lowest 15 percent marginal tax rate to twice would deserve the President's signature. subject to new tax liability, under the Alter- that of single taxpayers beginning in 2003, Unfortunately, they did not take advantage native Minimum Tax (AMT). As we all know, phased in over six years. Under the current of that opportunity. Instead, they insisted on the AMT tax was designed to ensure that tax law, the 15 percent bracket covers tax- sending to the President a bill falling short of wealthy taxpayers could not avoid income payers with income up to $26,250 for singles being appropriate for signature into law. I can- taxes through excessive use of preferences and $43,850 for married couples who file joint- not support that approach. such as credits and deductions. Mr. Speaker, ly. If this legislation was effective in 2000, The bill as sent to the PresidentÐthe bill surely the Republican Leadership does not married couples would pay the 15 percent tax that is not before us againÐis not identical to see middle-class families with children as tax rate on their first $52,500 of taxable income, the original Republican bill as initially passed evaders. which would be double the aforementioned by the House. But it is still very poorly tar- Mr. Speaker, I urge my colleagues to aban- current income amount for singles. geted. Half of this bill's tax relief would go to don H.R. 4810 and join me in supporting the September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7519 Rangel alternative. Offered during original con- ried would have the choice to file as individ- couples that pay no marriage penalty at all, in sideration of this bill, the Rangel alternative uals, eliminating the marriage penalty. My bill fact they receive a marriage bonus. That is would cost $89.1 billion over ten years and is simpler, provides more marriage penalty re- why I supported the substitute originally of- provides for real relief by increasing the stand- lief, and is more fiscally responsible than the fered by Representative RANGEL, which was ard deduction for married couples filing jointly vetoed bill. fairer and more fiscally responsible. In fact, to twice the level for single filers as well as an The one-half of all married couples in this two-thirds of America's couples would get the exemption from the AMT. The Rangel sub- country who pay the marriage penalty deserve same tax cut under the alternative bill, as they stitute adjusts the AMT in an attempt to en- our best efforts to reach a compromise. They would under H.R. 4810. It would have elimi- sure that the benefits of the standard deduc- gain nothing from political posturing and over- nated the marriage tax penalty by increasing tion change would not be nullified. Further, it ride motions that will inevitably fail. These cou- the basic standard deduction for a married grants couples a $2,000 increase in the begin- ples deserve to have a bill enacted this year. couple filing a joint income tax return to twice ning and ending income phaseout levels for We can deliver that tax relief, and I hope the the basic standard deduction for an unmarried families claiming the Earned Income Tax legislation I introduce today can serve as a individual, but it would not have further exac- Credit (EITC) in 2001 and a permanent $2,500 starting point for how we can address the mar- erbated the current inequities in the Tax Code increase starting in 2002. riage penalty and protect other key national by providing a large tax act windfall to couples Unfortunately, with the House's rejection of priorities. receiving a marriage bonus, that is, paying the Rangel alternative, no legislation providing I urge my colleagues to oppose the motion. less in taxes because they are married than relief from the marriage penalty will be en- Mr. SMITH of Texas. Mr. Speaker, I rise they would if they were single. acted this year. Moreover, the Republican today to urge my colleagues to vote to over- Although the President vetoed H.R. 4810 in Leadership, by scheduling this vote today, are ride the President's marriage penalty veto. August, leadership has insisted upon using the telling us that they would rather have a polit- Last February, this House passed the Mar- short period of time that remains in the 106th ical issue than working with Congressional riage Tax Penalty Relief Act of 1999, with 51 Congress to vote on this bill again, knowing Democrats to craft a bill that the President Democrats crossing over to vote with the Re- that it will not be enacted into law as currently could sign to give an immediate targeted tax publican majority. drafted. If leadership was serious about pro- cut to middle-class American families. Mr. In August, President Clinton vetoed the bill. viding relief to married couples who incur a Speaker, let's not squander this opportunity to Today, the House has the opportunity to vote penalty, they would have worked for a truly bi- work together and act fast to bring about a tar- to override the President's veto. partisan bill that all Members of Congress geted tax cut that relieves those who actually According to the Congressional Budget Of- could have supported and the President would suffer a marriage penalty while maintaining fice, 25 million couples every year pay an av- have signed into law. From the beginning our commitment to paying off the debt, pro- erage of $1,400 in higher taxes simply be- leadership proved they were not serious about viding a Medicare prescription drug benefit for cause they are married. That's enough for tax relief when they broke their own budget seniors, and strengthening Social Security and their children's collect expenses or a down rules by first bringing up their bill in February, Medicare. payment on a family car. long before they passed a budget resolution. Mr. POMEROY. Mr. Speaker, I rise in oppo- Here's how the discrimination works: A sin- Their timing was purely for show, they wanted sition to the motion to override the President's gle taxpayer earning $30,000 annually pays to provide tax cuts for married couples on Val- veto of H.R. 4810, a bill that purportedly ad- $3,000 in federal taxes. But if two taxpayers entine's day. Further, they never bothered to dresses the marriage penalty but in fact earning $30,000 each marry, they owe $8,400 schedule bipartisan meetings to discuss their misses the mark. in federal taxesÐ40 percent more than the bill, they never held a House-Senate Con- I strongly support marriage penalty relief. In $6,000 they paid when they were single. ference meeting, and leadership drafted the my view, the tax code should not penalize There is no justification for making families final bill behind closed doors. couples because they choose to get married. pay higher tax rates than single Americans. In That is why I have repeatedly voted for tax my own district of Texas, about 66,000 mar- Our current strong economy has begun pro- cuts to alleviate the marriage penalty for hard ried couples would benefit from the bill. ducing surplus federal revenues, and, as you working families. Raising a family is difficult enough. The fed- might imagine, there is no shortage of ideas Unfortunately, the bill vetoed by the Presi- eral government should not add to that burden for ``using'' the surplus. I am in favor of pro- dent was inflated to nearly $300 billion with with unfair taxes. That's why I support the viding relief for those couples who are penal- about half the total tax benefit going to high in- House's override of the President's marriage ized by the marriage tax and I hope we can come earners who do not even pay the pen- penalty veto. still reach a compromise on tax relief. Unfortu- alty. As a consequence, the vetoed bill would Mr. KIND. Mr. Speaker, I rise today in oppo- nately, this tax relief would have made it more crowd out our ability to enact other tax cuts for sition to H.R. 4810, the Marriage Tax Penalty difficult to meet our nation's existing obliga- working families, to pay down the national Relief Act. tions; such as paying off our $5.7 trillion debt, debt, and to strengthen Social Security and Last year, leadership tried to enact a $792 protecting Social Security, modernizing Medi- Medicare. We can eliminate the marriage pen- billion tax cut bill that would have seriously en- care by offering a prescription drug benefit, alty without jeopardizing these other important dangered efforts to strengthen Social Security and investing in our children's education. Sur- priorities. and Medicare, pay down the $5.7 trillion debt plus funds allow us to pay down the principal This override vote need not and should not and invest in important priorities such as edu- on this burdensome debt, thus reducing the be the last word on marriage penalty relief this cation and a prescription drug benefit for all annual interest payments which amount to ap- Congress. Members of both parties have of- seniors. The American people soundly re- proximately $250 billion annually. In fact, Fed- fered proposals to address the marriage pen- jected this fiscally irresponsible plan. eral Reserve Chairman Alan Greenspan stat- alty and there are clearly grounds for com- This year nothing has changed except ed, that ``ongoing progress to pay off the na- promise. The Republican presidential can- House leadership has broken apart their big tional debt is an extraordinarily effective force didate, for example, has offered a targeted tax bill into smaller pieces. So far, the leader- in this economy,'' and that our first priority marriage penalty proposal that would restore ship tax agenda adds up to more than $748 should be to continue to rack up annual sur- the 10 percent deduction for two-earner fami- billion over 10 years. This amount is nearly pluses. liesÐa far different approach from the vetoed the same as the large irresponsible tax bill re- Mr. Speaker, we can have tax cuts this bill. The distinguished ranking member of the jected last year. The Marriage Tax Penalty year, but they should be the right ones, tar- Senate Finance Committee, Senator MOY- Relief bill passed by the House and the Sen- geted at those who are currently penalized by NIHAN, sponsored legislation that provides ate and vetoed by the President is, once the marriage tax. I urge all my colleagues to more relief from the marriage penalty than any again, just another vehicle for leadership to oppose the Marriage Penalty Tax Relief bill other proposal offered this year by allowing push through their tax cuts, at the cost of and sustain the President's veto of the Mar- couples to choose whether to file jointly or as $280 billion over ten years if its provisions re- riage Penalty Tax Relief Act. Then let's get individuals. main permanent, while providing nothing for back together to pass a reasonable com- In the spirit of compromise, today I am intro- hard working families. promise that recognizes our obligations to pay ducing the House companion to the Moynihan While I support tax relief for those couples off the national debt, strengthen Social Secu- amendment. Under my bill, couples who cur- who are penalized, I do not, however, support rity, modernize Medicare and invest in our rently pay more in taxes because they're mar- H.R. 4810. Most of the tax cut would go to children. H7520 CONGRESSIONAL RECORD — HOUSE September 13, 2000 VACATING THE ORDERING OF The vote was taken by electronic de- NAYS—158 YEAS AND NAYS ON HOUSE RES- vice, and there were—yeas 270, nays Abercrombie Hall (OH) Neal OLUTION 572, SENSE OF HOUSE 158, not voting 6, as follows: Ackerman Hastings (FL) Oberstar REGARDING UNITED STATES- Allen Hill (IN) Obey [Roll No. 466] Andrews Hilliard Olver INDIA RELATIONS Baca Hinchey Ortiz YEAS—270 Baldacci Hinojosa Pallone Mr. COLLINS. Mr. Speaker, I ask Baldwin Hoeffel Pastor unanimous consent to vacate the or- Aderholt Goode Pascrell Barrett (WI) Hoyer Payne dering of the yeas and nays on the mo- Archer Goodlatte Paul Becerra Jackson (IL) Pelosi tion to suspend the rules and adopt H. Armey Goodling Pease Bentsen Jackson-Lee Peterson (MN) Bachus Gordon Peterson (PA) Berman (TX) Pomeroy Res. 572. Baird Goss Petri Berry Jefferson Price (NC) The SPEAKER pro tempore (Mr. Baker Graham Phelps Blagojevich Johnson, E. B. Rahall Pickering OSE). Without objection, the order for Ballenger Granger Blumenauer Jones (OH) Rangel Barcia Green (WI) Pickett Bonior Kanjorski Reyes the yeas and nays on the cited motion Barr Greenwood Pitts Borski Kaptur Rivers is vacated and, pursuant to the earlier Barrett (NE) Gutknecht Pombo Boyd Kennedy Rodriguez vote by voice, the rules are suspended, Bartlett Hall (TX) Porter Brady (PA) Kildee Rothman the resolution is agreed to, and with- Barton Hansen Portman Brown (FL) Kilpatrick Roybal-Allard Bass Hastert Pryce (OH) Brown (OH) Kind (WI) Rush out objection, a motion to reconsider is Bereuter Hastings (WA) Quinn Capuano Kleczka Sabo laid on the table. Berkley Hayes Radanovich Cardin Klink Sanchez There was no objection. Biggert Hayworth Ramstad Carson Kucinich Sanders Bilbray Hefley Regula Clay LaFalce Sawyer PARLIAMENTARY INQUIRY Bilirakis Herger Reynolds Clayton Lampson Schakowsky Mr. TAYLOR of Mississippi. Mr. Bishop Hill (MT) Riley Clyburn Lantos Scott Speaker, a preliminary inquiry. Mr. Bliley Hilleary Roemer Conyers Larson Serrano Blunt Hobson Rogan Coyne Lee Sherman Speaker, my parliamentary inquiry is Boehlert Hoekstra Rogers Crowley Levin Slaughter how would I have this document from Boehner Holden Rohrabacher Cummings Lewis (GA) Snyder Ros-Lehtinen the Bureau of Public Debt published on Bonilla Holt Davis (FL) Lofgren Stark Roukema Bono Hooley Davis (IL) Lowey Stenholm June 30, 2000, how would I have this Royce Boswell Horn DeFazio Luther Strickland Ryan (WI) document that shows the public debt Boucher Hostettler DeGette Maloney (NY) Tanner Ryun (KS) increasing by $40 billion inserted at the Brady (TX) Houghton Delahunt Markey Taylor (MS) Salmon Bryant Hulshof DeLauro Matsui Thompson (CA) RECORD at this appropriate time? Sandlin Burr Hunter Dicks McCarthy (MO) Thompson (MS) Mr. COLLINS. Mr. Speaker, regular Sanford Burton Hutchinson Dingell McDermott Thurman Saxton order. Buyer Hyde Dixon McGovern Tierney Scarborough Mr. SAM JOHNSON of Texas. Mr. Callahan Inslee Doggett McNulty Towns Schaffer Calvert Isakson Dooley Meehan Turner Speaker, regular order. Sensenbrenner Edwards Meek (FL) Udall (CO) The SPEAKER pro tempore. The gen- Camp Istook Sessions Campbell Jenkins Evans Meeks (NY) Udall (NM) tleman from Mississippi (Mr. TAYLOR) Shadegg Farr Menendez Velazquez Canady John Shaw could ask for unanimous consent to Cannon Johnson (CT) Fattah Millender- Visclosky Shays Filner McDonald Waters submit the document for the RECORD. Capps Johnson, Sam Sherwood Castle Jones (NC) Ford Miller, George Watt (NC) Shimkus Frank (MA) Minge Waxman Mr. TAYLOR of Mississippi. Mr. Chabot Kasich Shows Frost Moakley Weiner Speaker, I ask unanimous consent for a Chambliss Kelly Shuster Gejdenson Mollohan Wexler Chenoweth-Hage King (NY) publication of the Treasury Depart- Simpson Gephardt Moran (VA) Woolsey Clement Kingston ment to be inserted in the RECORD. Sisisky Gonzalez Murtha Wynn Coble Knollenberg Skeen Green (TX) Nadler The SPEAKER pro tempore. Is there Coburn Kolbe Skelton Gutierrez Napolitano objection to the request of the gen- Collins Kuykendall Smith (MI) tleman from Mississippi? Combest LaHood Smith (NJ) NOT VOTING—6 Condit Largent Mr. COLLINS. Mr. Speaker, will the Smith (TX) Engel Gilchrest Vento Cook Latham gentleman repeat the unanimous con- Smith (WA) Eshoo Owens Weygand Cooksey LaTourette Souder sent request? Costello Lazio Spence b 1231 Cox Leach The SPEAKER pro tempore. The gen- Spratt Mrs. JONES of Ohio, Mr. MENEN- tleman’s unanimous consent needs to Cramer Lewis (CA) Stabenow Crane Lewis (KY) Stearns DEZ and Mr. HINCHEY changed their be repeated. Cubin Linder Stump vote from ‘‘yea’’ to ‘‘nay.’’ Mr. TAYLOR of Mississippi. Mr. Cunningham Lipinski Stupak Mrs. EMERSON changed her vote Danner LoBiondo Speaker, I ask unanimous consent that Sununu from ‘‘nay’’ to ‘‘yea.’’ the Treasury report of June 30, 2000 Davis (VA) Lucas (KY) Sweeney Deal Lucas (OK) Talent So, two-thirds not having voted in that shows that the public debt has in- DeLay Maloney (CT) Tancredo favor thereof, the veto of the President creased by $40 billion in the past 12 DeMint Manzullo Tauscher was sustained and the bill was rejected. months be inserted at the RECORD at Deutsch Martinez Tauzin The result of the vote was announced Diaz-Balart Mascara Taylor (NC) this point. Dickey McCarthy (NY) Terry as above recorded. The SPEAKER pro tempore. Is there Doolittle McCollum Thomas The SPEAKER pro tempore (Mr. objection to the request of the gen- Doyle McCrery Thornberry LAHOOD). The message is referred to tleman from Mississippi? Dreier McHugh Thune the Committee on Ways and Means. Duncan McInnis Tiahrt Mr. COLLINS. Mr. Speaker, reserving Dunn McIntosh Toomey The Clerk will notify the Senate of the right to object, the documents that Ehlers McIntyre Traficant the action of the House. the gentleman referred to are already Ehrlich McKeon Upton f public records, so, therefore, I object. Emerson McKinney Vitter English Metcalf Walden b 1234 The SPEAKER pro tempore. The gen- Etheridge Mica Walsh tleman from Georgia objects. Everett Miller (FL) Wamp ANNOUNCEMENT BY THE SPEAKER Without objection, the previous ques- Ewing Miller, Gary Watkins PRO TEMPORE Fletcher Mink Watts (OK) tion is ordered. Foley Moore Weldon (FL) The SPEAKER pro tempore (Mr. There was no objection. Forbes Moran (KS) Weldon (PA) LAHOOD). Pursuant to clause 8 of rule The SPEAKER pro tempore. The Fossella Morella Weller XX, the Chair will now put the ques- Whitfield question is, Will the House, on recon- Fowler Myrick tion on each motion to suspend the Franks (NJ) Nethercutt Wicker sideration, pass the bill, the objections Frelinghuysen Ney Wilson rules on which further proceedings of the President to the contrary not- Gallegly Northup Wise were postponed on Tuesday, September withstanding? Ganske Norwood Wolf Wu 12, 2000 in the order in which that mo- Under the Constitution, this vote Gekas Nussle Gibbons Ose Young (AK) tion was entertained. must be determined by the yeas and Gillmor Oxley Young (FL) Votes will be taken in the following nays. Gilman Packard order: September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7521 H.R. 4986, de novo; Latham Pease Smith (MI) b 1253 LaTourette Pelosi Smith (NJ) H.R. 4892, by the yeas and nays; Leach Peterson (PA) Smith (TX) Messrs. CUMMINGS, BLAGOJEVICH, and H. Con. Res. 327, by the yeas and Levin Petri Smith (WA) and CONYERS, Mrs. MEEK of Florida, nays. Lewis (CA) Pickering Snyder Mr. BURTON of Indiana, Ms. JACK- The Chair will reduce to 5 minutes Lewis (KY) Pickett Souder Linder Pitts Spence SON-LEE of Texas, and Messrs. the time for any electronic vote after Lofgren Pombo Spratt SERRANO, PASCRELL, GILMAN, the first such vote in this series. Lowey Pomeroy Stabenow WAXMAN, and BARCIA changed their Lucas (KY) Porter Stearns f Lucas (OK) Portman Stenholm vote from ‘‘aye’’ to ‘‘no’’. Manzullo Price (NC) Stump Mrs. JONES of Ohio and Mr. FSC REPEAL AND EXTRA-TERRI- Martinez Pryce (OH) Stupak ENGLISH changed their vote from Mascara Quinn Sununu TORIAL INCOME EXCLUSION ACT Matsui Radanovich Sweeney ‘‘no’’ to ‘‘aye.’’ OF 2000 McCarthy (NY) Ramstad Talent So (two-thirds having voted in favor McCollum Rangel Tancredo The SPEAKER pro tempore. The un- thereof) the rules were suspended and McCrery Regula Tanner the bill, as amended, was passed. finished business is the question of sus- McDermott Reyes Tauscher pending the rules and passing the bill, McHugh Reynolds Tauzin The result of the vote was announced McInnis Riley Taylor (NC) as above recorded. H.R. 4986, as amended. McIntosh Rodriguez Terry The Clerk read the title of the bill. A motion to reconsider was laid on McIntyre Rogan Thomas the table. The SPEAKER pro tempore. The McKeon Rogers Thompson (CA) question is on the motion offered by McNulty Rohrabacher Thompson (MS) f Meeks (NY) Ros-Lehtinen Thornberry the gentleman from Texas (Mr. AR- Metcalf Roukema Thune ANNOUNCEMENT BY THE SPEAKER CHER) that the House suspend the rules Mica Royce Tiahrt PRO TEMPORE and pass the bill, H.R. 4986, as amend- Millender- Ryan (WI) Toomey McDonald Ryun (KS) Towns The SPEAKER pro tempore (Mr. ed. Miller (FL) Sabo Turner The question was taken. Miller, Gary Salmon Upton LAHOOD). Pursuant to clause 8 of rule RECORDED VOTE Minge Sanchez Vitter XX, the Chair will reduce to 5 minutes Mollohan Sandlin Walden Mr. STARK. Mr. Speaker, I demand a the minimum time for electronic vot- Moore Sanford Walsh ing on each additional motion to sus- recorded vote. Moran (KS) Sawyer Wamp A recorded vote was ordered. Moran (VA) Scarborough Watkins pend the rules on which the Chair has Morella Schaffer Watts (OK) postponed further consideration. The vote was taken by electronic de- Murtha Scott Weiner vice, and there were—ayes 315, noes 109, Myrick Sensenbrenner Weldon (FL) f Napolitano Sessions Weldon (PA) answered ‘‘present’’ 1, not voting 8, as SCOUTING FOR ALL ACT follows: Neal Shadegg Weller Nethercutt Shaw Whitfield The SPEAKER pro tempore. The un- [Roll No. 467] Ney Shays Wicker finished business is the question of sus- AYES—315 Northup Sherman Wilson Norwood Sherwood Wolf pending the rules and passing the bill, Ackerman Combest Granger Nussle Shimkus Wu H.R. 4892. Aderholt Condit Green (WI) Ortiz Shuster Wynn Archer Cooksey Greenwood Ose Simpson Young (AK) The Clerk read the title of the bill. Armey Cox Gutknecht Oxley Sisisky Young (FL) The SPEAKER pro tempore. The Baca Coyne Hall (OH) Packard Skeen question is on the motion offered by Bachus Cramer Hall (TX) Pastor Skelton Baird Crane Hastings (WA) the gentleman from Arkansas (Mr. Baker Crowley Hayes NOES—109 HUTCHINSON) that the House suspend Ballenger Cubin Hayworth Abercrombie Frank (MA) Nadler the rules and pass the bill, H.R. 4892, on Barr Cunningham Hefley Allen Ganske Oberstar Barrett (NE) Danner Herger which the yeas and nays are ordered. Andrews Gilman Obey Bartlett Davis (FL) Hill (IN) This is a 5-minute vote. Baldacci Green (TX) Olver Barton Davis (VA) Hill (MT) Baldwin Gutierrez Pallone The vote was taken by electronic de- Bass Deal Hilleary Barcia Hansen Pascrell vice, and there were—yeas 12, nays 362, Becerra DeLauro Hilliard Barrett (WI) Hastings (FL) Payne Bentsen DeLay Hinojosa answered ‘‘present’’ 51, not voting 8, as Berry Hinchey Peterson (MN) Bereuter DeMint Hobson follows: Bilbray Holt Phelps Berkley Diaz-Balart Hoeffel Blagojevich Hooley Rahall [Roll No. 468] Berman Dickey Hoekstra Bonior Hostettler Rivers Biggert Dicks Holden YEAS—12 Brown (FL) Hunter Roemer Bilirakis Dingell Horn Brown (OH) Jackson (IL) Rothman Ackerman Hastings (FL) Roybal-Allard Bishop Dixon Houghton Burton Jackson-Lee Roybal-Allard Davis (IL) Kennedy Stark Bliley Dooley Hoyer Cannon (TX) Rush Deutsch Lee Wexler Blumenauer Doolittle Hulshof Capuano Kaptur Sanders Greenwood McKinney Woolsey Blunt Doyle Hutchinson Castle Kildee Saxton Boehlert Dreier Hyde NAYS—362 Chabot Klink Schakowsky Boehner Dunn Inslee Chenoweth-Hage Kucinich Serrano Abercrombie Blagojevich Capps Bonilla Ehrlich Isakson Conyers Lantos Shows Aderholt Bliley Cardin Bono English Istook Cook Lee Slaughter Allen Blumenauer Castle Borski Etheridge Jefferson Costello Lewis (GA) Stark Andrews Blunt Chabot Boswell Everett Jenkins Cummings Lipinski Strickland Archer Boehlert Chambliss Boucher Ewing John Davis (IL) LoBiondo Taylor (MS) Armey Boehner Chenoweth-Hage Boyd Fattah Johnson (CT) DeFazio Luther Thurman Baca Bonilla Clayton Brady (PA) Fletcher Johnson, E. B. DeGette Maloney (CT) Tierney Bachus Bonior Clement Brady (TX) Foley Johnson, Sam Delahunt Maloney (NY) Traficant Baird Bono Clyburn Bryant Forbes Jones (NC) Deutsch Markey Udall (CO) Baker Borski Coble Burr Fossella Jones (OH) Doggett McCarthy (MO) Udall (NM) Baldacci Boswell Coburn Buyer Fowler Kanjorski Duncan McGovern Velazquez Ballenger Boucher Collins Callahan Franks (NJ) Kasich Edwards McKinney Visclosky Barcia Boyd Combest Calvert Frelinghuysen Kelly Ehlers Meehan Waters Barr Brady (PA) Condit Camp Frost Kennedy Emerson Meek (FL) Watt (NC) Barrett (NE) Brady (TX) Cook Campbell Gallegly Kilpatrick Evans Menendez Waxman Bartlett Brown (FL) Cooksey Canady Gejdenson Kind (WI) Farr Miller, George Wexler Barton Brown (OH) Costello Capps Gekas King (NY) Filner Mink Woolsey Bass Bryant Cox Cardin Gephardt Kingston Ford Moakley Bentsen Burr Coyne Carson Gibbons Kleczka Bereuter Burton Cramer Chambliss Gillmor Knollenberg ANSWERED ‘‘PRESENT’’—1 Berkley Buyer Crane Clay Gonzalez Kolbe Berman Callahan Crowley Clayton Paul Goode Kuykendall Berry Calvert Cubin Clement Goodlatte LaFalce Biggert Camp Cummings Clyburn NOT VOTING—8 Goodling LaHood Bilbray Campbell Cunningham Coble Engel Lazio Weygand Gordon Lampson Bilirakis Canady Danner Coburn Eshoo Owens Wise Goss Largent Bishop Cannon Davis (FL) Collins Graham Larson Gilchrest Vento H7522 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Davis (VA) Kasich Regula Dixon McDermott Rush Coble Hoekstra Moran (KS) Deal Kelly Reyes Farr McGovern Sabo Collins Holden Moran (VA) DeFazio Kildee Reynolds Frank (MA) Meehan Sanchez Combest Holt Morella DeLauro Kilpatrick Riley Gutierrez Meeks (NY) Schakowsky Condit Hooley Murtha DeLay Kind (WI) Rodriguez Hilliard Miller, George Serrano Conyers Horn Myrick DeMint King (NY) Roemer Jackson (IL) Moakley Sherman Cook Hostettler Nadler Diaz-Balart Kingston Rogan Jackson-Lee Moran (VA) Thompson (CA) Cooksey Houghton Napolitano Dickey Kleczka Rogers (TX) Morella Tierney Costello Hoyer Nethercutt Dicks Klink Rohrabacher Johnson, E. B. Nadler Velazquez Cox Hulshof Ney Dingell Knollenberg Ros-Lehtinen Lantos Neal Waters Coyne Hunter Northup Doggett Kolbe Rothman Lofgren Olver Waxman Cramer Hyde Norwood Dooley Kucinich Roukema Lowey Pastor Weiner Crane Inslee Nussle Doolittle Kuykendall Royce Maloney (NY) Pelosi Wu Crowley Isakson Oberstar Doyle LaFalce Ryan (WI) Markey Rangel Cubin Istook Obey Dreier LaHood Ryun (KS) Matsui Rivers Cummings Jackson (IL) Olver Duncan Lampson Salmon Cunningham Jackson-Lee Ortiz Dunn Largent Sanders NOT VOTING—8 Danner (TX) Ose Edwards Larson Sandlin Engel Hall (OH) Vento Davis (FL) Jefferson Oxley Ehlers Latham Sanford Eshoo Lazio Weygand Davis (IL) Jenkins Packard Ehrlich LaTourette Sawyer Gilchrest Owens Davis (VA) John Pallone Emerson Leach Saxton Deal Johnson (CT) Pascrell English Levin Scarborough b 1305 DeFazio Johnson, E. B. Pastor Etheridge Lewis (CA) Schaffer DeGette Johnson, Sam Paul Evans Lewis (GA) Scott Mr. SERRANO changed his vote from Delahunt Jones (NC) Payne Everett Lewis (KY) Sensenbrenner ‘‘yea’’ to ‘‘present’’. DeLauro Jones (OH) Pease Ewing Linder Sessions Mr. DEUTSCH changed his vote from DeLay Kanjorski Pelosi Fattah Lipinski Shadegg DeMint Kaptur Peterson (MN) Filner LoBiondo Shaw ‘‘nay’’ to ‘‘yea’’. Deutsch Kasich Peterson (PA) Fletcher Lucas (KY) Shays Messrs. WEXLER, ACKERMAN, Diaz-Balart Kelly Petri Foley Lucas (OK) Sherwood HASTINGS of Florida and DAVIS of Il- Dickey Kennedy Phelps Forbes Luther Shimkus Dicks Kildee Pickering Ford Maloney (CT) Shows linois changed their vote from Dingell Kilpatrick Pickett Fossella Manzullo Shuster ‘‘present’’ to ‘‘yea’’. Dixon Kind (WI) Pitts Fowler Martinez Simpson So (two-thirds not having voted in Doggett King (NY) Pombo Franks (NJ) Mascara Sisisky favor thereof) the motion was rejected. Dooley Kingston Pomeroy Frelinghuysen McCarthy (MO) Skeen Doyle Kleczka Porter Frost McCarthy (NY) Skelton The result of the vote was announced Dreier Klink Portman Gallegly McCollum Slaughter as above recorded. Duncan Knollenberg Price (NC) Ganske McCrery Smith (MI) Stated against: Dunn Kolbe Pryce (OH) Gejdenson McHugh Smith (NJ) Edwards Kucinich Quinn Gekas McInnis Smith (TX) Mr. GREENWOOD. Mr. Speaker, on rollcall Ehlers Kuykendall Radanovich Gephardt McIntosh Smith (WA) No. 468 I inadvertently pressed the ``yea'' but- Ehrlich LaFalce Rahall Gibbons McIntyre Snyder ton. I meant to vote ``nay.'' Emerson LaHood Ramstad Gillmor McKeon Souder English Lampson Rangel Gilman McNulty Spence f Etheridge Lantos Regula Gonzalez Meek (FL) Spratt Evans Largent Reyes Goode Menendez Stabenow HONORING THE SERVICE AND SAC- Everett Larson Reynolds Goodlatte Metcalf Stearns RIFICE OF THE UNITED STATES Ewing Latham Riley Goodling Mica Stenholm Farr LaTourette Rivers Gordon Millender- Strickland MERCHANT MARINE Fattah Leach Rodriguez Goss McDonald Stump The SPEAKER pro tempore (Mr. Filner Lee Roemer Graham Miller (FL) Stupak Fletcher Levin Rogan Granger Miller, Gary Sununu LAHOOD). The unfinished business is Foley Lewis (CA) Rogers Green (TX) Minge Sweeney the question of suspending the rules Forbes Lewis (GA) Rohrabacher Green (WI) Mink Talent and agreeing to the concurrent resolu- Ford Lewis (KY) Ros-Lehtinen Gutknecht Mollohan Tancredo Fossella Linder Rothman Hall (TX) Moore Tanner tion, H. Con. Res. 327. Fowler Lipinski Roukema Hansen Moran (KS) Tauscher The Clerk read the title of the con- Frank (MA) LoBiondo Roybal-Allard Hastings (WA) Murtha Tauzin current resolution. Franks (NJ) Lofgren Royce Hayes Myrick Taylor (MS) The SPEAKER pro tempore. The Frelinghuysen Lowey Ryan (WI) Hayworth Napolitano Taylor (NC) Frost Lucas (KY) Ryun (KS) Hefley Nethercutt Terry question is on the motion offered by Gallegly Lucas (OK) Sabo Herger Ney Thomas the gentleman from California (Mr. Ganske Luther Salmon Hill (IN) Northup Thompson (MS) KUYKENDALL) that the House suspend Gejdenson Maloney (CT) Sanchez Hill (MT) Norwood Thornberry Gekas Maloney (NY) Sanders Hilleary Nussle Thune the rules and agree to the concurrent Gephardt Manzullo Sandlin Hinchey Oberstar Thurman resolution, H. Con. Res. 327, on which Gibbons Markey Sanford Hinojosa Obey Tiahrt the yeas and nays are ordered. Gillmor Martinez Sawyer Hobson Ortiz Toomey This is a 5-minute vote. Gilman Mascara Saxton Hoeffel Ose Towns Gonzalez Matsui Scarborough Hoekstra Oxley Traficant The vote was taken by electronic de- Goode McCarthy (MO) Schaffer Holden Packard Turner vice, and there were—yeas 418, nays 0, Goodlatte McCarthy (NY) Schakowsky Holt Pallone Udall (CO) not voting 15, as follows: Goodling McCollum Scott Hooley Pascrell Udall (NM) Gordon McCrery Sensenbrenner Horn Paul Upton [Roll No. 469] Goss McDermott Serrano Hostettler Payne Visclosky YEAS—418 Graham McGovern Sessions Houghton Pease Vitter Granger McHugh Shadegg Hoyer Peterson (MN) Walden Abercrombie Bereuter Brown (OH) Green (TX) McInnis Shaw Hulshof Peterson (PA) Walsh Ackerman Berkley Bryant Green (WI) McIntosh Shays Hunter Petri Wamp Aderholt Berman Burr Greenwood McIntyre Sherman Hutchinson Phelps Watkins Allen Berry Burton Gutierrez McKeon Sherwood Hyde Pickering Watt (NC) Andrews Biggert Buyer Gutknecht McKinney Shimkus Inslee Pickett Watts (OK) Archer Bilirakis Callahan Hall (OH) McNulty Shows Isakson Pitts Weldon (FL) Armey Bishop Calvert Hall (TX) Meehan Shuster Istook Pombo Weldon (PA) Baca Blagojevich Camp Hansen Meek (FL) Simpson Jefferson Pomeroy Weller Bachus Bliley Campbell Hastings (FL) Meeks (NY) Sisisky Jenkins Porter Whitfield Baird Blumenauer Canady Hastings (WA) Menendez Skeen John Portman Wicker Baker Blunt Cannon Hayes Metcalf Skelton Johnson (CT) Price (NC) Wilson Baldacci Boehlert Capps Hayworth Mica Slaughter Johnson, Sam Pryce (OH) Wise Baldwin Boehner Capuano Hefley Millender- Smith (NJ) Jones (NC) Quinn Wolf Ballenger Bonilla Cardin Herger McDonald Smith (TX) Jones (OH) Radanovich Wynn Barcia Bonior Carson Hill (IN) Miller (FL) Smith (WA) Kanjorski Rahall Young (AK) Barr Bono Castle Hill (MT) Miller, Gary Snyder Kaptur Ramstad Young (FL) Barrett (NE) Borski Chabot Hilleary Miller, George Souder Barrett (WI) Boswell Chambliss Hilliard Minge Spence ANSWERED ‘‘PRESENT’’—51 Bartlett Boucher Chenoweth-Hage Hinchey Mink Spratt Barton Boyd Clay Hinojosa Moakley Stabenow Baldwin Capuano Conyers Bass Brady (PA) Clayton Hobson Mollohan Stark Barrett (WI) Carson DeGette Becerra Brady (TX) Clement Hoeffel Moore Stearns Becerra Clay Delahunt Bentsen Brown (FL) Clyburn September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7523 Stenholm Thune Watt (NC) The SPEAKER pro tempore. Under The Columbine High School case is a Strickland Thurman Watts (OK) Stump Tiahrt Waxman the rule, the gentleman from South case in point. Two obviously hateful, Stupak Tierney Weiner Carolina (Mr. GRAHAM) and the gen- disturbed young men took it upon Sununu Toomey Weldon (FL) tleman from Michigan (Mr. CONYERS) themselves to do tremendous violence Sweeney Towns Weldon (PA) each will be recognized for 30 minutes. and damage and murder. Their motives Talent Traficant Weller Tancredo Turner Wexler The Chair recognizes the gentleman vary. They killed some people because Tanner Udall (CO) Whitfield from South Carolina (Mr. GRAHAM). they were jocks. They killed other peo- Tauscher Udall (NM) Wicker Mr. GRAHAM. Mr. Speaker, I yield ple because they did not like them per- Tauzin Upton Wilson myself such time as I may consume. sonally. They killed some people be- Taylor (MS) Velazquez Wise Taylor (NC) Visclosky Wolf Mr. Speaker, the topic that we are cause of their race. They were twisted Terry Vitter Woolsey addressing today in the motion to in- minds. They brought a lot of pain and Thomas Walden Wu struct conferees on the DOD bill in- heartache and suffering to many fami- Thompson (CA) Walsh Wynn EN Thompson (MS) Wamp Young (AK) volves an effort made by Senator K - lies. Thornberry Watkins Young (FL) NEDY in the Senate to attach Federal My motion to instruct says simply hate crimes legislation to a bill in the this, prosecute people not for their mo- NOT VOTING—15 Senate. This issue is now before the tives but for their actions. Bilbray Gilchrest Rush Motives are important. They have to Coburn Hutchinson Smith (MI) House. It is before America. Doolittle Lazio Vento To Senator KENNEDY’s credit and to intend to kill. If they tie someone to Engel Neal Waters the gentleman from Massachusetts the back of a truck in Texas and they Eshoo Owens Weygand (Mr. FRANK), I would think it is fair, I drag them to their death, I do not care b 1313 hope he does not take offense, Senator why they did it, if they intended to do KENNEDY is one of the last liberal lions. it, they deserve the fullest and swiftest So (two-thirds having voted in favor He has roared loudly and he has fought punishment available. thereof) the rules were suspended and for his position and he was successful The Kennedy amendment allows the the concurrent resolution was agreed in the Senate. Federal Government to pick and to. As to my motion to instruct con- choose based on the status of the vic- The result of the vote was announced ferees on this matter, I hope people tim. In that case, an African American as above recorded. who agree with my position will also was dragged to his death because the A motion to reconsider was laid on raise their voice loudly because it is an people involved had hate in their heart. the table. honest debate long overdue about ex- In the State of Texas, one is serving f actly what we need to be doing in life and two of those folks involved are America when it comes time to punish facing the death penalty. That to me is EXPLANATION REGARDING ROLE justice. And that can happen and has IN BOY SCOUTS OF AMERICA people and what role the Federal Gov- ernment has. happened all over this country. (Mr. PEASE asked and was given per- There has been a huge departure in Using the model that Senator KEN- mission to address the House for 1 the law of the land to the Kennedy NEDY has put forward, eight murders would fall in the classification of hate minute.) amendment. Federal jurisdiction is crimes, nine of the thousand rapes. I Mr. PEASE. Mr. Speaker, since 1993, now available through the Attorney would argue to the Members of this I have served as a member of the Advi- General of the United States in almost sory Council of the National Council of House that every rape is a hate crime. every act of criminal violence that Before I came to this body, I was a the Boy Scouts of America. In this role may exist in the country if in the mind I am a volunteer advisor to the Boy prosecutor in the civilian world in the of the perpetrator and the status of the Air Force; and I will assure my col- Scouts and its national governing orga- victim certain people are involved. nization. leagues that every woman that has I hope we will reject this way of been violated and is forcibly raped, the b 1315 thinking. I hope we will, as a Nation, man involved hated that woman, and I prosecute vigorously those who with I receive no compensation for my do not care to know any more other intent, malice aforethought, through service in this role, and am not reim- than, without their consent, they did a the violation of existing State law, bursed for expenses incurred in ful- great violence to their body. hurt human beings in general and that filling the duties of the position. In the Texas case, here is what could there is no need, objectively speaking, f happen if this law that Senator KEN- politically speaking, to have a Federal NEDY has proposed goes forward and if MOTION TO INSTRUCT CONFEREES crime that only applies based on the we agree to it today. There is an ele- ON, H.R. 4205, FLOYD D. SPENCE hate of the perpetrator and the status ment of the Kennedy Federal legisla- NATIONAL DEFENSE AUTHORIZA- of the victim. tion that is very curious and poten- TION ACT FOR FISCAL YEAR 2001 This legislation has a four-part test tially very damaging. We are creating that would allow the Attorney General two statutes to deal with the same Mr. GRAHAM. Mr. Speaker, pursuant to invoke a Federal statute that does to clause 7 of rule XX, I offer a motion event. The Federal Government, under not exist today, and the last prong is this legislation, because we are the to instruct conferees. the Federal interest and hate crime The SPEAKER pro tempore (Mr. Federal Government, would have the eradication is insufficiently served by ability to prosecute the case first if it LAHOOD). The Clerk will report the mo- a State prosecution. That is all encom- tion. reached out and grabbed the case. passing. That means whatever the At- Let us use the case in Texas for in- The Clerk read as follows: torney General wants it to mean. stance. Under the legislation proposed Mr. GRAHAM moves to instruct conferees I stand before the House and the by Senator KENNEDY and this House on the part of the House that the conferees country saying that we in America on the part of the House on the disagreeing will be instructing conferees on, the votes of the two Houses on the bill, H.R. 4205, have laws at the State level that apply death penalty is not authorized. That be instructed not to agree to provisions to everyone. I do not know of any law is a huge point. The basis of the Ken- which— in this country by any State or any ju- nedy legislation deals with events that (1) fail to recognize that the fourteenth risdiction that says we can hurt cer- really are not real in substance. There amendment to the Constitution guarantees tain people because of their race, reli- are no mass ignoring bodily injure all persons equal protection under the law; gion, or sexual orientation. That is not cases based on people’s sexual orienta- and a defense. That is not a problem that tion, race, gender, or religious back- (2) deny equal protection under the law by we are having to deal with in this ground. That is not a problem in this conditioning prosecution of certain offenses on the race, color, religion, national origin, country. country. And that is good news. gender, sexual orientation, or disability of This is an effort, I believe, to give But here would be the problem if we the victim; and Federal jurisdiction to expand the role adopted Senator KENNEDY’s way of (3) preclude a person convicted of murder of the Federal Government in a way doing business. The Federal Govern- from being sentenced to death. that will ultimately divide Americans. ment, by legal right, would have the H7524 CONGRESSIONAL RECORD — HOUSE September 13, 2000 ability to take that case over from the not make a better America, and that create constitutional doubt where none State courts, engage in the prosecu- does not address the problems of exists. tion, spend the money, the time, and crimes. The Congress’ authority to create the effort, and the result would be in Because the hate crime legislation new penalties for violent crimes in- the Federal system that the two people that Senator KENNEDY proposed, the volving bodily injury if motivated be- facing Death Row punishment in Texas real area where the cases would be had cause of race, color, religion, national could not be sentenced to death under is in the simple assault area, areas origin, gender, sexual orientation, or the Federal legislation. It changes the where people get in all kinds of con- even disability, does not depend on the death penalty component of every mur- flicts and, under the theory of the stat- equal protection clause of the Four- der statute in this country. ute, they could remove it. I would teenth Amendment. I want the Members to understand argue there is no need to do that. b 1330 The real danger here is that we are what they are voting on. What it rests on is the undisputed au- Let us talk about the politics for a empowering the Federal Government thority of the 13th amendment and on moment. There are many people really to remove a case, whether it be the the commerce clause itself. So my worried about this vote. If I do not cre- Columbine case or whether it be the friend, the gentleman from South Caro- ate a new Federal statute that would Texas case with the gentleman behind lina (Mr. GRAHAM), I guess is saying give the Attorney General the right to the truck who was dragged to a violent that by prohibiting hate crimes against take over any case in the land when death, and prosecute that case in a individuals who have suffered historic certain conditions are met based on the manner that would do great harm to discrimination on the basis of race and attitude and the motivation of the per- serving ultimate justice within the ju- color or national origin or gender or petrator, maybe people will think that risdiction where it happened. sexual orientation or disability, that I am a racist, that I am homophobic, Mr. Speaker, I hope that we will re- we are violating the constitutional that I have religious prejudice. Because ject the political movement, the polit- rights of everyone else. Could that be that is the political dynamic going on ical cause of the day, and stand behind what he is saying? here. a simple concept that the Federal Gov- Well, if it is true, then I have to raise The question we need to ask as a ernment has a proper but limited role a question of whether he thinks that Member of Congress is, do we trust our and that, when individual citizens any statute that prohibits discrimina- States to deal with situations where choose to hurt their neighbors, hurt tion and violence on the basis of these people are assaulted in general and spe- other citizens within their State, that categories also violate the 14th amend- cifically where race, religion, or sexual the State has a chance to do swift and ment. Should they be repealed? Should orientation is involved. certain justice and that we not pass a we repeal the existing Federal criminal If we do, we do not need this legisla- Federal law that takes the death pen- hate crimes law already on the books tion. The question we need to ask our- alty in practicality off the table. This since 1968, which prohibits the inten- selves is, is there a legitimate reason is not going to make America a better tional interference, with the enjoy- other than the political dynamic being place. ment of Federal rights and benefits on created for us to give the Federal Gov- Mr. Speaker, I reserve the balance of the basis of, again, the victim’s race, ernment power unknown in the history my time. religion, national origin, or color? of our country to reach out and grab a Mr. CONYERS. Mr. Speaker, I yield Should we repeal the Church Arson Act case that could be prosecuted in the myself such time as I may consume. which prohibits the intentional de- State court. I would argue not. Mr. Speaker, I am happy to join my struction of religious property because I would argue that what we need to distinguished colleague from the Com- of race, color, or ethnic characteristics do in this country is make sure that mittee on the Judiciary on this matter. of individuals who worship there? those people who hurt human beings, He has three positions with which he One cannot avoid race. These are the regardless of the motivation, receive asks that we be instructed not to problems. One cannot avoid disability. the fullest punishment under the law, agree. One and three are false, and two One cannot avoid sexual orientation. the full extent of punishment avail- I disagree with. Does the gentleman want to repeal the able. First of all, it is not accurate to say Civil Rights Act of 1964, which pro- The Kennedy proposal takes off the in our bill that we preclude a person hibits employment in public accom- table the death penalty, and the chance convicted of murder from being sen- modations based on discrimination of of having two prosecutions is very re- tenced to death. While we do not have race, color, religion, as usual? Do we mote because the Federal Government a death penalty, some States do. And want to repeal the Age Discrimination will go first and the only way the death so, wherever the State law applies, Employment Act of 1967? What about penalty can be applied is to do a sepa- there would be a death penalty. the Fair Housing Act of 1968, which rate prosecution in State court. And if In our bill, we do not have one. And prohibits housing discrimination on they have the desire and the willing- so, I do not see where that is very im- the basis, again, of the usual factors? ness to do that to begin with, there is portant. Does he want to repeal the Americans no need to remove it. He questions whether or not the with Disabilities Act of 1990? We just So I would argue very strongly to the Fourteenth Amendment, by guaran- celebrated it for a decade of progress, Members of the House that this pro- teeing all persons equal protection which prohibits discrimination on the basis of disability; and the rest. It goes posal does not address real problems in under the law, is a safeguard against on and on and on. America that exist today, it is creating the hate crimes bill. And that has no So if this is a new historic challenge a whole new set of problems that this accuracy whatsoever. to raise a constitutional point that has country cannot stand. And so, I am a little baffled by the never been thought of before, this is a We are thinking of a million reasons motion to instruct because he seems to great time to have that debate. If it to divide ourselves. We focus on our suggest that the bipartisan legislation turns out that the first instruction, differences in this House in a political that the Senate has passed somehow part one, is not accurate, the second we fashion that maybe goes overboard. violates the equal protection of the disagree with, and the third is not ac- But America needs to come together on laws and affects the Federal Govern- curate, then we should move quickly the idea that we do not care why they ment’s administration of the death on to a motion to instruct the con- engage in violence, we are going to penalty. We do not appear to be dis- ferees on hate crimes that I have that punish them if they do. And every cussing the same bill. will come up shortly. American should feel good about the The Graham motion would instruct Mr. Speaker, I reserve the balance of idea that they are going to be judged the conferees to reject provisions that my time. based on their conduct and that their fail to account for the fact that the Mr. GRAHAM. Mr. Speaker, I yield sexual orientation, their religious Constitution guarantees all persons myself such time as I may consume. background, or their race is not going equal protection under the law. His Mr. Speaker, I would like to answer to create one statute for them and motion is beside the point because his some of the questions asked. The an- leave everybody else behind. That does statement is, apparently, designed to swer is, no, I am not asking that this September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7525 body or any body vote to repeal laws Americans at the Federal level from dicted each other, and then he prayed that make it unlawful to discriminate participating in guaranteed constitu- over it overnight and figured out that based on race, religion, the 14th amend- tional activities. I am saying that this they contradicted each other. We were ment in general. What I am asking this allows the Federal Government, not told until shortly before we began body to do is not to create a Federal through prong four and through the which one he was going to do. So ap- law that does that. whole intent of the legislation, to take parently the gentleman first figured Here is the effect of it: if somebody any event, anywhere, any time, and out they contradicted each other and kills me, that would bother my family. make it a Federal case and the death then decided which one. I do not know if it would bother a lot penalty is taken off the table. That is Mr. GRAHAM. Mr. Speaker, will the of other people, but it would bother my not good for this country. gentleman yield? family. Somebody kills the gentleman One, people are divided. I do not get Mr. FRANK of Massachusetts. I yield from Michigan (Mr. CONYERS) and we the benefit of the statute in certain sit- to the gentleman from South Carolina. let the motive of that person decide uations; some other person might. We Mr. GRAHAM. Mr. Speaker, the two what to do, my family is out. That is are equally harmed. The State has the motions to instruct were filed last the effect of this statute. The victims ability to take care of this. night. I have always intended to do the and the attitude of the perpetrator de- If it is taken from the State and they one I am talking about now. I had a cide whether or not the Federal law ap- are expected to prosecute the person colleague ask that they preserve the plies. for the death penalty later on, there right to approach it from a different Let me say what is going to happen was no need to take it from the State angle. That is up to them, but that is throughout America if we pass this leg- to begin with. why I did it. islation as drafted. Criminal defense Mr. NADLER. Mr. Speaker, will the Mr. FRANK of Massachusetts. Well, attorneys, pretty smart guys, pretty gentleman yield? the gentleman from South Carolina smart ladies, I have been one, I do not Mr. GRAHAM. I yield to the gen- (Mr. GRAHAM) filed them both so appar- know if I was smart enough, but if I tleman from New York. ently he tells us now that he filed one have somebody come in to my office Mr. NADLER. I would say to the gen- knowing that it contradicted the other. and this statute exists that allows the tleman from South Carolina (Mr. I will say this, and let me point out Federal Government to engage in pros- GRAHAM), the current statute is a hate that the contradiction is not simply a ecution first, and I would argue exclu- crimes statute with respect to race, minor thing. The one he filed and de- sively because the effect of doing it color, creed, national origin. That is cided not to offer deals with hate twice is lost, that there is going to be the statute. The amendment would be crimes of the sort that the second one a rise in hate crimes because the de- sexual orientation, gender, disability. says are unconstitutional. So the gen- fendant is going to find the Federal Mr. GRAHAM. Reclaiming my time, tleman filed two instructions. One he niche that allows the case to go into the statute has a mechanism to create was reserving the right to instruct the the Federal system where there is no Federal jurisdiction, the current stat- House to do something which he has death penalty. That is what is going to ute, that requires a Federal nexus. now decided is unconstitutional. That happen here. The amendment has a four prong test is a reversal. I have seen the Supreme We are going to have people through- and the final prong of that test is that Court reverse itself on constitutional out the land manufacturing motives Federal interest in hate crime eradi- issues, but it usually takes them more that give the benefit of a Federal stat- cation, according to the Attorney Gen- than 12 hours. ute that prohibits the death penalty eral, is insufficiently served by a State Now, it is not simply the gentleman’s because in the State where they live prosecution, which means there really first instruction that would be repudi- they could get the death penalty, and is nothing more than the opinion of the ated here. What it says, and this is par- the chance of prosecuting these cases Attorney General determining whether ticularly relevant to section 2, he says twice are almost zero from a practical or not there is State or Federal juris- here that it is a denial of equal protec- point of view. diction. tion under the law if prosecution of Mr. NADLER. Mr. Speaker, will the This is the expansion that I am talk- certain offenses is conditioned on the gentleman yield? ing about, not that people are pros- race, color, religion, national origin, Mr. GRAHAM. I yield to the gen- ecuted based on the motive; that it is gender, sexual orientation, or dis- tleman from New York. being expanded to an area where there ability of the victim. Mr. NADLER. Mr. Speaker, I would is no Federal nexus required and this First, let us be very clear. This does say to the gentleman from South Caro- would allow the Federal Government, not say if one is black they are pro- lina (Mr. GRAHAM), he just said that if based on this four prong test, to take tected and if one is white they are not; we passed hate crimes legislation, de- any case and every case. if one is gay they are protected and if fendants would opt for the Federal Mr. Speaker, I reserve the balance of one is straight they are not; if one is statute and so forth; but what the bill my time. disabled they are protected and if one before the Senate that we are talking Mr. CONYERS. Mr. Speaker, I yield is able-bodied they are not. What it about, before the conference com- such time as he may consume to the says is that if someone goes after mittee, I suppose, does is expand exist- distinguished gentleman from Massa- someone else on any of those grounds, ing hate crimes legislation that has chusetts (Mr. FRANK). if a racial minority attacks someone been on the books for 32 years three Mr. FRANK of Massachusetts. I who is white for these hate crime rea- new categories: sexual orientation, begin, Mr. Speaker, by congratulating sons, that is protected. So it is not giv- gender, disability. It is already on the my friend, the gentleman from South ing one set of groups protection books. Has it had that effect? Carolina (Mr. GRAHAM), from against another. Mr. GRAHAM. Reclaiming my time, untrapping himself. He had originally It is saying, equally, anyone who is the existing statute that deals with filed two potential instructions. At attacked because someone objects to Federal prosecution of events like some point, he must have figured out, his or her membership in a group that going to serve on a jury or going to with or without help, that they contra- is defined by race, color, religion, na- vote is one thing where there is a clear dicted each other. So he dropped the tional origin, that is the majority, the Federal nexus. What this body needs to one. minority of religions, there is no one know that what has happened in the Mr. GRAHAM. They did. majority so it is any group, they are Senate is that the Federal nexus is Mr. FRANK of Massachusetts. Well, all protected. Christians are protected, nonexistent. It is every event in Amer- the gentleman acknowledges without Jews are protected, Hindus are pro- ica now is subject to the Attorney Gen- my yielding to him, but I am a gen- tected, atheists are protected, if the eral certifying under prong four that erous kind of guy so I will acknowledge motive is based on their religion. this is somehow a hate crime and the his acknowledgment. Now we have had laws like this on Federal Government preempts. The gentleman acknowledges that he the books for a very long time. We I am not asking that the statutes filed two instructions yesterday, on the begin with the Civil Rights Act in the that exist be repealed that protect spur of the moment, which contra- 1860s right after the Civil War. We had H7526 CONGRESSIONAL RECORD — HOUSE September 13, 2000 House-passed lynch laws, which Repub- people because of their membership in ward, including one particular case in licans used to be for, which dealt with a group, that was not until recently Oklahoma where people were beaten this. We have on the books some hate controversial. In fact, as I said, in the and were not given any prosectorial de- crimes statutes. We have in some anti- gentleman’s first instruction it was not fense. discrimination statutes, I believe, controversial at 6:00 last night. That Mr. GRAHAM. Would the gentleman some criminal provisions. one got a bad reputation very quickly. yield? There was some anti-discrimination It is when sexual orientation entered Mr. FRANK of Massachusetts. Not statutes which if they are violated bla- into it that all of these objections until I finish. I urge the gentleman to tantly one can have criminal provi- came up. have a little patience. He has asked the sions. According to this resolution, all Now there is a red herring here and question; it is a little complicated. The of those would be wrong because there that is the death penalty issue. The answer will take awhile. are a series of statutes on the book fact is that, as the gentleman has ac- There was a situation in Pennsyl- that trigger prosecution based on the knowledged, if some Attorney General vania, where a particular bar was the race, color, religion, et cetera, of the preempted a murder case under the subject of a great deal of violence, and victim. hate crimes statute, it would still be I believe there was initially an insuffi- Now, why did this all of a sudden be- prosecutable by the State. He says that cient response. come controversial? Why did the Civil is unlikely. What is even less likely is The point is that this legislation is Rights Act of 1868 and the Church that the Attorney General, absent any written to take into account the fact Arson Act that my colleague from real showing of a hate motive, would that most crimes of violence are, in Michigan mentioned and others, why reach down and take it up. fact, prosecuted at the State and local did they suddenly become controver- It does say the Attorney General can level. Part of what it does is to offer sial? I guess I ought to apologize. It is do these in cases where the Federal in- aid to people at the State level and because of us. By us, I refer to those of terest in prosecuting was not being that, by the way, we have had people, us who are gay or lesbian or bisexual. vindicated. for instance, the local law enforcement This whole notion of prosecuting peo- officials in Wyoming who prosecuted b 1345 ple who singled out vulnerable minori- the Matthew Shepherd murder, wel- ties or who, as a member of a minority Mr. Speaker, the notion that a State comed that, because they can be over- acted against the majority based on prosecutor was about to bring a capital burdened by it. They can have hate this, the Church Arson Act, the anti- charge against someone and threaten groups that show up; and they can lynch laws, et cetera, it was never all that person with a death penalty and overburden, in some areas, the local re- that controversial and then people said the Attorney General would say, wait a sources. among the people who are often as- minute, you are not vindicating the But we are saying there will be some saulted because of their identity are Federal interests, it is nonexistent. cases in this vast country where a par- gay and lesbian and bisexual, particu- That is not really an argument that I ticular group will be subject to a par- larly transgender people who have been think is a major part of this. ticular prejudice, and in those excep- the victims of a lot of violence, and all Mr. Speaker, I think what we have tional cases the Federal Government of a sudden it became controversial. here is this resistance on the part of can intervene. So I can think of a cou- That is why the gentleman first had an some people on the other side to any- ple right recently that we have had. instruction and it is one that many in thing that deals with sexual orienta- There was some others, I do not re- the other body on the Republican side tion. member exactly which came up in the were in favor of; it was one that said We just voted on something with the hearing. But, yes, there are cases we will do hate crimes, but we will Boy Scouts. I regretted that that came where there are particular prejudices stick with good old-fashioned cat- up. I thought that bill should not be against particular groups. egories like race and religion; but let filed. I thought it should not be Transgendered people happen to be in us not get into sexual orientation. So brought up. I think the Boy Scouts do many cases the objects of violence. And some inconsistencies have arisen be- a lot of good work. I regret the fact in many cases, they are protected; but cause of sexual orientation. that they discriminate. I do not think in some cases, because of the prejudice Now among the inconsistencies is the the appropriate way to try to deal with that they face, they have not been pro- notion that my friends on the other it was the way here. tected. This is a standby authority for side are opposed to federalizing State Mr. GRAHAM. Mr. Speaker, will the the Attorney General to step in, if she crimes. I mean, they should write for gentleman yield? finds that there is this pattern of non- some situation comedies with that Mr. FRANK of Massachusetts. I yield enforcement. kind of material. The House Com- to the gentleman from South Carolina. Mr. GRAHAM. Mr. Speaker, will the mittee on the Judiciary has consist- Mr. GRAHAM. Mr. Speaker, does the gentleman yield? ently federalized crimes. Carjacking we gentleman from Massachusetts believe Mr. FRANK of Massachusetts. I yield federalized; in the abortion area, the there is a problem throughout the to the gentleman from South Carolina. late-term abortion bill. States had the country that people based on the sex- Mr. GRAHAM. The gentleman talks same powers as the Federal Govern- ual orientation and who are hurt in a about, not me directly, but what we ment, whether there is or is not a con- violent confrontation that people are are trying to do. I challenge the gen- stitutional problem. It was a Nebraska letting the prosecution go because of tleman to prove to anybody in this statute that went to the Supreme the sexual orientation? body that I, as a person, former pros- Court. Mr. FRANK of Massachusetts. Re- ecutor, would give the gentleman a We also passed a Federal statute. The claiming my time, Mr. Speaker, not pass if the victim was homosexual and House Committee on the Judiciary and throughout the country, but in some the perpetrator just did not like, and I the Congress, for the past 6 years, has places in the country, in fact, I believe, will only use the terms that came up in federalized a number of crimes without just as there was strong support for the Air Force case, the faggot that any particular Federal nexus. Indeed, lynch laws. lived down the hall. That guy got the the Supreme Court struck down some Mr. GRAHAM. How many cases? full effect of the law. of these because they said there was Mr. FRANK of Massachusetts. When I I say to the gentleman from Massa- not enough of a Federal nexus, but our yield to the gentleman that means the chusetts (Mr. FRANK), I do not believe committee has gone forward with oth- gentleman asks the question and I get that America is such today that the ers. to answer. Okay. I will yield again in a State court systems need to have the So there has never previously been minute. Attorney General under this legisla- an objection to saying that we are Mr. GRAHAM. Yes, sir. tion because of any reason they so going to punish someone in some cases Mr. FRANK of Massachusetts. I want choose to be able to take that case if they have committed bad acts to finish the answer. We had a hearing away. against people, not thoughts but if one before the Committee on the Judiciary Mr. FRANK of Massachusetts. Re- has committed bad acts against other last year and several people came for- claiming my time, let me respond, I am September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7527 going to respond, first of all, the gen- Mr. FRANK of Massachusetts. What jock, and killed the person beside him tleman asked me to prove that the gen- about church arson? What is the Fed- because of her religion, and the one tleman is biased? eral nexus in the Church Arson Act? next to the table because of the color Mr. GRAHAM. No. I am asking the What is the Federal nexus in church of their skin, forget about those dif- gentleman to tell me how many cases arson? There is not any. I thank the ferences, prosecute that person based are we talking about the gentleman gentleman for his shrug. What is the on what they did. And that is what you mentioned. Is it 100? Is it 200? Where Federal nexus for church arson? are trying to destroy here, and that is are they? Mr. GRAHAM. Is there none? why I am here. Mr. FRANK of Massachusetts. I do Mr. FRANK of Massachusetts. I I want people to be responsible for not have the exact number, but I will asked the gentleman a question. their conduct to the fullest extent of respond to the gentleman’s assertion. Mr. GRAHAM. Honestly, I do not law and let people where the event hap- He says he cannot believe, apparently, know. pens chart their destiny; and there is that anywhere in this country there Mr. FRANK of Massachusetts. I did no reason to give the Attorney General would be bias on the part of local law not yield to the gentleman. I am being of the United States this much power, enforcement that would lead to un- asked to give back the time. I yielded because the abuses described do not equal prosecution. to the gentleman to ask him a ques- exist. This is an effort to politicize and I wish we lived in that country. I be- tion. If he was going to ask me the federalize where the country will be a lieve most law enforcement people do same question back, I would not have great loser. the right thing. I gave them two spe- taken other people’s time. Mr. Speaker, I yield 2 minutes to the cific cases, one in Oklahoma, where Mr. GRAHAM. Mr. Speaker, I yield gentleman from South Carolina (Mr. people were beaten and the district at- myself such time as I may consume. SANFORD). torney did not intervene, and one in Mr. Speaker, the point I am making Mr. SANFORD. Mr. Speaker, I thank Pennsylvania where a bar was being and the point still stands, there are the gentleman for yielding the time to terrorized and there was not local two very good points, every law we me. intervention. have on the books at the Federal level Mr. Speaker, I hate following him. I I would say this, this concern about has a Federal nexus. But in the Senate, just came to chime in for just a few Federal intervention puzzles me com- there has been a huge departure here. moments because the gentleman asked ing from someone who has generally And part of it is politically motivated. me to and because I think this makes voted with the committee majority to Let me tell my colleagues the effect common sense. I think that the prob- federalize a number of crimes. of this statute again. If we go down lem with the debate on the other side, Carjacking, is it that there are State this road, the Attorney General of the and I would say to the gentleman from prosecutors who somehow have a soft United States for the first time, that Massachusetts (Mr. FRANK), who I have spot in their heart for carjackers? Why person, whoever he or she may be, has the utmost respect for his intellect, the did the majority federalize carjacking? the ability under this legislation to utmost respect for the way he has been I do not think that they did that be- take an event that has no Federal a consistent advocate for things that cause there was some soft spot; they nexus at all, reach out and grab it he believes in, and the only reason I felt there was some particular pattern based on the mentality of the perpe- find myself in this case differing with that had to be responded to. trator and the class of the victim. him is based on, for instance, the sta- There have been other cases, where Using an example, if someone in tistics I have here. we have in this body, I sometimes For instance, last year, 23 children South Carolina or any other State en- voted no, made Federal crimes out of were murdered in America by their gages in a violent offense against things that were also State crimes. But baby-sitters; 23 children were murdered somebody based on the race, sex, reli- the gentleman’s point I want to focus in America by their baby-sitters. And gion, sexual orientation, under this on, this statute assumes that prosecu- the question I think goes back to the statute, the Attorney General can take tion at the Federal level will be the ex- heart of what the gentleman from that case away and prosecute it at the ception. South Carolina (Mr. GRAHAM) was get- In fact, much of the statute that we Federal level and take the death pen- ting at. I am not a lawyer, I do not are asking people to vote for says let alty off the table. That should really have a legal background, but just from us help local people with the prosecu- send a chilling effect throughout this the standpoint of common sense, let us tion, let us help State prosecutors; but body. Not only have we done away with say it was the most loving of baby-sit- for him to argue that it is unthinkable the Federal nexus, bias exists all over ters, they took care of the child for that anywhere in the country members the world and will to the end of time. years, but in the end they ended up of a particular insular group might be Is that the reason bias in general in murdering them, do we want to treat the victims, people of an unpopular re- theory to go out and destroy the abil- that person differently than somebody ligion, transgendered people, people of ity of a State to prosecute vicious else simply because one hates the child a particular race, and they might be of crimes in their backyard? more than the other? the majority race in some parts, but I would argue that this country is But the bottom line is still the same, the minority race in other parts. better off because the people in Texas and that is those 23 children last year The notion that American history sentenced two of the three people to in America are just as dead. Whether yields us no pattern ever of local law death who drug the African American they were loved prior to being killed or enforcement people withholding equal to his death behind a truck; that we whether they were hated prior to being treatment because of prejudice is very are better off when local people will killed, they are both dead. The theme puzzling to me. We have not heard it stand up and say, wrong, face the ulti- that I think the gentleman from South before. mate punishment, than we would ever Carolina is getting at is the theme that Church arson, is there some pattern? be to have somebody in Washington for has been the basis of our judicial sys- Maybe the gentleman wants to repeal political reasons take the case away tem, which is equality under the law. the Church Arson Act, but the Church and get a headline and we can impose The other issue that I think he is Arson Act does talk about going in that penalty. getting at, and I think there is validity there in these circumstances, and I did That is what this is about. This is an in this, and that is the idea of federal- not previously hear these arguments. effort to empower the Federal Govern- izing crime. There is disagreement Mr. GRAHAM. Mr. Speaker, will the ment in a manner never had, and the within our conference on whether we gentleman yield? way you get there is you separate us. should or should not do that. I found Mr. FRANK of Massachusetts. I yield Because if I am attacked by the same myself voting against the gentleman to the gentleman from South Carolina. person that the gentleman from Massa- from Florida (Mr. MCCOLLUM) on any Mr. GRAHAM. By definition, every chusetts (Mr. FRANK) may be attacked number of different things who takes a statute that the gentleman talked by, their motive determines what stat- very different position on federalizing about has a clear Federal nexus; the ute applies, and that is wrong. some of these crimes versus not. existing hate crimes statute has a Fed- Columbine, when they shoot the Lastly, I would go to the point which eral nexus. man, the young fellow because he is a the gentleman from South Carolina has H7528 CONGRESSIONAL RECORD — HOUSE September 13, 2000 raised a couple of times, and that is, ecution of hate crimes, even when the ter place for having taken care of that this death penalty issue, which is a le- crime is particularly heinous. The Hate problem and risen to the occasion. The gitimate debate; but I do not know Crimes Prevention Act removes this re- recent case of the African American that we want to preemptively strike striction, enhancing the ability of Fed- being dragged to his death in Texas, out death penalty with this kind of leg- eral law enforcement agencies to assist two of the three perpetrators are on islation. State and local authorities and in in- death row, where they should be. This Mr. CONYERS. Mr. Speaker, I yield 3 vestigating and prosecuting hate statute would not allow that to happen minutes to the distinguished gen- crimes of all kinds. if they were tried in Federal Court, and tleman from Connecticut (Mr. SHAYS). I believe violence based on prejudice there would not have been a second Mr. SHAYS. Mr. Speaker, I thank the is a matter of national concern, and I prosecution. gentleman for yielding the time to me, urge my colleagues to pass the Frank Mr. Speaker, I reserve the balance of and I rise in opposition to the motion motion so we can enact this important my time. of the gentleman from South Carolina legislation this year. I would say I have Mr. CONYERS. Mr. Speaker, I yield (Mr. GRAHAM) and support the motion voted to federalize a number of crimes 31⁄2 minutes to the distinguished gen- that will be offered by the gentleman as have the opponents of this effort. tleman from New York (Mr. NADLER), a from Massachusetts (Mr. FRANK). b 1400 If we walked down the National Mall member of the Committee on the Judi- along the Potomac River, we reach the For me, there are times the Federal ciary. newest memorial in our Nation’s Cap- Government needs to step in. Mr. NADLER. Mr. Speaker, I thank ital. It honors Franklin Delano Roo- Mr. GRAHAM. Mr. Speaker, to ad- the gentleman for yielding me time. sevelt, the 33rd President of the United dress the point of my colleague here, Mr. Speaker, I came here to rise in States. It was FDR who said ‘‘We must who I admire very much, this is not support of the motion to instruct of- scrupulously guard the civil rights and about adding into an existing statute fered by the gentleman from Michigan civil liberties of all citizens, whatever sexual orientation and disability. This (Mr. CONYERS) and in opposition to the their background. We must remember is about changing fundamentally to its motion to instruct offered by the gen- that any oppression, any injustice, any core the way the Federal Government tleman from South Carolina (Mr. hatred is a wedge designed to attack is able to interfere or take over a pros- GRAHAM), because I read the motion to our civilization.’’ ecution of an otherwise State case. instruct offered by the gentleman from This statement is no less true today There has been a fundamental devi- South Carolina (Mr. GRAHAM); and I am than it was back then. I strongly sup- ation here from the Senate. Senator not sure whether it is worth supporting port the Hate Crimes Prevention Act KENNEDY was able to create an environ- or opposing, because it does not deal because this legislation respects the ment legally where the only thing with anything in front of the con- fundamental relationship between stopping the Federal Government from ference. local law enforcement and the Federal reaching out and grabbing a case for The gentleman purports it to mean Government. the first time in the history of the that this would oppose the hate crimes Local law enforcement agencies will country is the attitude of the Attorney legislation, but we know that there is continue to have primary responsi- General and put it in a venue where the hate crimes legislation on the Federal bility for investigating, prosecuting death penalty does not apply. That is books, and it has been there for 32 violent crimes based on hate. But when my point. The point is that this statute years. What the Senate proposes, and it comes to violations of civil rights, does so many bad things. what I hope the House accedes to, is to the Federal Government has histori- POINT OF ORDER increase the purview of that legislation cally played an important role in the Mr. CONYERS. Mr. Speaker, I make from race, color, creed, and national prosecution and punishment of these a point of order. origin, to include, which it does now, violations. And when local authorities The SPEAKER pro tempore (Mr. to include sexual orientation, gender, request assistance or are unable or un- LAHOOD). The gentleman will state his disability of the victim. And we cer- willing to act, Federal law enforcement point of order. tainly should, because an attack on agencies must be able to come to their Mr. CONYERS. Mr. Speaker, the gen- someone based on those characteristics aid. tleman from South Carolina (Mr. is an extra assault on society and The hate crimes legislation authored GRAHAM) has not yielded himself time. ought to be punished in an extra way. by Senators GORDON SMITH, a Repub- The SPEAKER pro tempore. Does the But look at the motion to instruct lican, and TED KENNEDY, a Democrat, gentleman from South Carolina yield offered by the gentleman from South creates an important safety net to en- himself such time as he may consume? Carolina (Mr. GRAHAM). We should in- sure victims of hate crimes receive the Mr. GRAHAM. Yes. struct the conferees not to agree to justice to which they are entitled. It The SPEAKER pro tempore. The gen- anything that fails to recognize that will permit the Department of Justice tleman may proceed. the 14th amendment guarantees all to provide technical, forensic, prosecu- Mr. GRAHAM. Mr. Speaker, to get people equal protection under the law. torial or any other form of assistance the statute to kick into effect, all you Well, of course. And the Hate Crimes to State and local law enforcement of- need is an Attorney General willing to Protect Act does not deny anyone ficials in cases of felony crimes that do it. There is no Federal nexus in the equal protection under the law. So I constitute a crime of violence and are traditional sense of what has been the have no problem with that provision, motivated by bias based on race, color, law of this land since its inception. because it does not refer to anything in religion, national origin, gender, dis- Number two, to get this statute to front of the Senate or the House. ability, or sexual orientation. Federal kick into effect, you are treating hate crimes, therefore, is not a new Americans differently who may have He instructs that we should not agree idea. suffered the same harm. The example I to provisions which deny equal protec- Mr. Speaker, for 32 years Federal law gave at Columbine, three dead kids, tion under the law by conditioning has covered certain forms of violence three different reasons in the mind of prosecution of certain offenses under based on hate. Unfortunately, under the perpetrator; one gets the statute, race, color, religion, national origin, current law, Federal prosecution of a the other does not. That is not going to gender, sexual orientation, or dis- hate crime is permitted only if the make this a better country. ability of the victim. crime was motivated by bias based on Mr. Speaker, the State court systems Well, the hate crimes legislation does race, religion, national origin, or color have proven themselves to rise to the not do that either. As was pointed out and the assailant intended to prevent occasion in horrendous events of recent before, the hate crimes legislation does the victim from exercising a federally time. The Wyoming case, the person not say that if you attack a black per- protected right such as voting or at- who was brutally murdered because of son or a gay person only should you be tending school. sexual orientation, those persons are prosecuted. It says if you attack some- This dual requirement substantially serving life in jail. It was done by the one because of their race, color, creed, limits the potential for Federal pros- people of Wyoming. Wyoming is a bet- of whatever variety, whatever race, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7529 whatever color or creed, whatever sex- there are people who are mean and gentleman from Michigan (Mr. CON- ual orientation, whatever gender, be- clever, and I have defended some and YERS), in his motion to instruct. Be- cause of that there is an extra vicious- prosecuted a lot, who are going to say, cause I view this as a very solemn de- ness and an extra protection, that does well, this is a hate crime; this is a Fed- bate, I want to say to my good friend not deny equal protection under the eral hate crime. And they want to go from South Carolina that it is impor- law. to Federal Court because there is no tant for people to realize that Members Everybody is subject to it; everybody death penalty, and it will be a head- take to heart, take seriously, the posi- can be helped by it. Whether you are line. tions that they argue for, and I do not attacked because you are a man or a There will be a tremendous amount question the integrity or the honesty woman, a gay person or a straight per- of political pressure to grab this case, and the well-meaning efforts behind son, a Christian, a Jew or a Hindu, and to show you how much I care as my good friend’s motion to instruct. black, white or green, it does not mat- the Attorney General, I am going to But I do want to raise some questions ter. Everybody gets that equal protec- take this heinous situation and I am and concerns and offer my sincerity tion. And it says that we should not going to do it, because I want to get and my heartfelt expressions of opposi- agree to any provision that would pre- the political benefit and I am going to tion against this motion, and that is clude a person convicted of murder be the person in the headline. And that although we have been calling the from being sentenced to death. America loses, because the Texas case, names of those who have tragically Well, that one, I do not agree with the Wyoming case, and the whole 21st lost their life, some of the more well- the death penalty, so I do not have a century, I really believe, is going to be known names, let me say to you that it problem with that. But the fact is, it about people finally being held ac- is particularly a source of consterna- does not do that either. The gentleman countable for what they do. tion and hurt in the State of Texas, from South Carolina (Mr. GRAHAM) said When you go into the Columbine from which I come, and that is to be that by the Federal Government pros- High School situation, you have got known as the State who, in the 20th ecuting on a statute that does not have three grieving parents. We do not need century, the latter part of the 20th cen- the death penalty, that might preclude to carve out one law against the other tury, had the dismemberment of a the State from prosecuting the same two. We need to come together as a human being as a headline of a par- act on a statute that does have the people and punish to the full extent of ticular area in our State. The heinous death penalty. the law those that want to harm act of hatred against Mr. James Bar- But it is black-letter law. For the human beings, end of story, and not rett continues to ring loud and clear last 40 years it has been black-letter create a Federal legislation that under- throughout this Nation, and, following law, Black and Douglas dissenting mines the ultimate punishment, the that, the very tragic and violent and only, 7 to 2 in the Supreme Court, that death penalty. brutal death in Wyoming of Matthew different sovereignties can prosecute Mr. Speaker, I reserve the balance of Shepard. the same acts under different statutes. my time. But I would say to my friend from That is why the State can prosecute Mr. CONYERS. Mr. Speaker, I yield 1 South Carolina, even now, just a few for murder, and the Federal Govern- minute to the gentleman from Massa- short months ago, three individuals saw fit to burn a cross in the front yard ment can prosecute for deprivation of chusetts (Mr. DELAHUNT), a member of civil rights. If the Federal Government the Committee on the Judiciary and a of an African American family that prosecuted for deprivation of civil long-time State prosecutor. moved into a neighborhood that was rights, the State can still prosecute for Mr. DELAHUNT. Mr. Speaker, I predominantly white. This is in mod- murder; and if the death penalty ap- thank the ranking member for yielding ern-day Texas. This is in an area not plies, apply it. me time. far from Houston, Texas. This is real. So the gentleman from South Caro- Mr. Speaker, I know it is not the in- So when we begin to talk about are we serious about a hate crimes initia- lina (Mr. GRAHAM) is giving us in a mo- tention of my friend and colleague to tive, let me say to the gentleman from tion to instruct, which is entirely mislead, but I think it is very impor- South Carolina (Mr. GRAHAM), in op- phoney, tries to imply that the hate tant to be clear here that those indi- posing this motion to instruct, we al- crimes legislation would do these viduals that are presently incarcerated ready have and understand the value things, which it clearly would not do. facing the death penalty in Texas and importance of the 14th amend- It is entirely a phony instruction; and would still be there facing that death ment, the guarantee of equal protec- it ought to be defeated, not because it penalty if the instructions that will be tion of the law. You already have the is bad, but because it is phony; and the offered in the Conyers motion prevail. evidence that the Constitution has Conyers instruction to say to broaden It is clear that there is nothing in the been preserved by 30 years of case law hate crimes legislation to cover what Conyers motion that would preclude a that already says that hate crimes leg- should be covered, should be agreed to. State prosecution, absolutely nothing islation can pass constitutional mus- Mr. GRAHAM. Mr. Speaker, I yield whatsoever; and to suggest that is, I ter. myself such time as I may consume. would submit, unintentionally mis- In addition, I think it is important to Mr. Speaker, we can talk about this leading. note your provision number two sug- or you can read the law yourself. Here I also find it ironic that my colleague gests exclusion. There is no exclusion is what I am saying, unequivocally: has concerns about the States’ posi- to addition. All we are doing in this this proposal in the Senate does not ex- tions on these particular issues, as if Hate Crimes Act of 2000 is to ensure pand the list of categories from which the Attorney General will not work that in addition to all the other ele- a hate crime can be prosecuted to in- with the States to do what is right. ments of this bill, gender and sexual clude sexual orientation and disability. The gentleman should be aware that orientation and disability are included. It fundamentally changes and does the legislation is supported by the Na- It is not exclusion; it is inclusion. It away with the Federal nexus that ex- tional Sheriffs Association and by the means that if an Anglo or a white or a ists in the existing statute to give the International Association of the Chiefs Caucasian citizen of the United States Attorney General of the United States, of Police. or any other, was found to have been whoever that person might be, at what- Mr. CONYERS. Mr. Speaker, I yield hatefully acted upon, they would be ever time in our history, the ability to the balance of my time to the gentle- able to come under the hate crimes reach out and take over a case based on woman from Texas (Ms. JACKSON-LEE), law. It is to be read broadly. the attitude and the motivations of the a Member of the Committee on the Ju- I agree with my good friend talking perpetrator and the class or category diciary. about the death penalty, because many of the victim. Ms. JACKSON-LEE of Texas. Mr. of us fall on different positions on the One thing is going to flow from this: Speaker, I thank the ranking member death penalty. because you cannot get the death pen- for yielding me time, and I thank him alty, there are people going to be man- for his leadership on this motion. b 1415 ufacturing reasons, believe it or not, if I have come to the floor of this House I believe there should be a morato- you have ever been in criminal law, to support the ranking member, the rium. I believe it is a tragedy that H7530 CONGRESSIONAL RECORD — HOUSE September 13, 2000 there are people who are on death row Budget has advised us that from the perspec- Ronald Taylor traveled to the eastside of that we do not really know whether or tive of Administration’s program, there is no Pittsburgh, in what has been characterized, as not they, in fact, are guilty. objection to submission of this letter. an act of hate violence to kill three and wound Mr. Speaker, what I would say in Sincerely, two in a fast food restaurant. Eight weeks conclusion is that I will include for the ROBERT RABEN, Assistant Attorney General. later, in Pittsburgh Richard Baumhammers, RECORD at this time a letter from the armed with a .357-caliber pistol, traveled 20 Mr. Speaker, I support the motion of Department of Justice. We have al- miles across the west side of Pittsburgh which the gentleman from Michigan (Mr. ready answered the question as to now leaves him charged with killing five. His CONYERS), and I oppose the motion of whether this denies the equal protec- shooting victims included a Jewish woman, an the gentleman from South Carolina tion of the law. It does not. Indian, ``Vietnamese,'' Chinese and several (Mr. GRAHAM). EPARTMENT OF USTICE black men. Matthew Shepard also suffered a D J , Mr. Speaker, I rise on the Conyers motion OFFICE OF LEGISLATIVE AFFAIRS, hateful and violent death. We need this legis- to instruct conferees on the Department of De- Washington, DC, September 13, 2000. lation to further protect the people of America. fense Authorization bill. It is important that Hon. RICHARD GEPHARDT, The decade of the 1990's saw an unprece- Congress adequately address hate crime vio- Minority Leader, U.S. House of Representatives, dented rise in the number of hate groups lence in America. Washington, DC. preaching violence and intolerance, with more DEAR MR. LEADER: The Department of Jus- Today, we have a unique opportunity to in- than 50,000 hate crimes reported during the tice has been asked for its view on a motion struct conferees on H.R. 4205, the FY 2001 years 1991 through 1997. The summer of by Representative Graham that would in- Department of Defense Authorization bill, to 1999 was dubbed ``the summer of hate'' as struct the House conferees on H.R. 4205. The accept the bipartisan Senate-passed provision motion appears to be directed at the hate each month brought forth another appalling in- crimes provisions contained in section 1507 of on hate crime. In June, the Senate passed the hate crimes cident, commencing with a three-day shooting the Senate-enacted version of H.R. 4205. The spree aimed at minorities in the Midwest and bill, introduced by Senators EDWARD KENNEDY motion would instruct the conferees not to culminating with an attack on mere children in and GORDON SMITH. The Kennedy-Smith agree to provisions in section 1507 that ‘‘(1) California. From 1995 through 1999, there has fail to recognize that the fourteenth amend- amendment was adopted on a bipartisan vote been 206 different arson or bomb attacks on ment to the Constitution guarantees all per- of 57±42, with 13 Republicans voting in favor. churches and synagogues throughout the sons equal protection under the law; an (2) This legislation would enhance the ability of United StatesÐan average of one house of deny equal protection under the law by con- the local, state and federal law enforcement ditioning prosecution of certain offenses on worship attacked every week. the race, color, religion, national origin, gen- officials to investigate and prosecute violent Like the rest of the nation, some in Con- der, sexual orientation, or disability of the acts of hate crimes committed against persons gress have been tempted to dismiss these victim; and (3) preclude a person convicted of because of their race, color, religion, national atrocities as the anomalous acts of lunatics, murder from being sentenced to death.’’ origin, gender, sexual orientation or disability. but news accounts of this homicidal fringe are With respect to the first two parts of the Despite the fact that more than 190 Mem- proposed instruction, we already have pro- merely the tip of the iceberg. The beliefs they bers of the House have cosponsored the simi- act on are held by a far larger, though less vided extensive analysis explaining the bases lar House version of the hate crimes legisla- of Congress’s constitutional authority to visible, segment of our society. These atroc- enact the hate crimes provisions in § 1507 of tion, H.R. 1082, and despite repeated re- ities, like the wave of church burnings across the Senate-enacted version of H.R. 4025. quests that Judiciary Committee Chairman the South, illustrate the need for continued Moreover, those provisions would not impli- HYDE and Speaker HASTERT allow consider- vigilance and the passage of the Hate Crimes cate the Equal Protection Clause of the ation of this bipartisan legislation, they have Prevention Act. Fourteenth Amendment, which applies only refused. In fact, it is because the Republican This legislation will make it easier for federal to the States. And, in our view, those provi- Leadership has said no for the past several authorities to assist in the prosecution of ra- sions would be wholly consistent with the years that this important legislation has not yet equal protection component of the due proc- cial, religious and ethnic violence, in the same ess clause of the Fifth Amendment. The pro- to become law. way that the Church Arson Prevention Act of tections afforded by the criminal provisions I remember the senseless killings of three 1996 helped federal prosecutors combat in section 1507 would not be limited to per- African American children who were killed on church arson: by loosening the unduly rigid ju- sons of certain races, colors, etc. Those pro- Sunday morning by a bomb while they partici- risdictional requirements under federal law. visions would, instead, protect all persons— pated in services at the 16th Street Baptist Current law (18 U.S.C.A. 245) only covers a regardless of their race, color, etc.—who are Church. Only recently have individuals been situation where the victim is engaging in cer- the victims of certain crimes of violence indicted to face trial in the nearly 40 year old tain specified federally protected activities. The committed because of the victims’ actual or murders. This terrible act galvanized the civil perceived race, color, religion, national ori- legislation will also help plug loopholes in state gin, gender, sexual orientation, or disability. rights movement and began a shout for jus- criminal law, as ten states have no hate crime In this regard, section 1507 would be analo- tice, which may at last be answered in a court laws on the books, and another 21 states fail gous to numerous existing laws that protect of law as two Ku Klux Klansmen in Alabama's to specify sexual orientation as a category for all persons from certain harms perpetrated Jefferson County are finally being brought to protection. This legislation currently has 191 against them because of personal character- justice for the 196 bombing. co-sponsors, but has had no legislative activity istics (such as race or gender). See e.g., 18 As the years passed from the time of the in this House. U.S.C. § 245(b)(2) (prohibiting the willful in- bombing, it was felt that America had made It is long past time that Congress passed a juring of a person ‘‘because of,’’ inter alia, great strides until the night of June 7, 1998 ‘‘his race, color, religion or national ori- comprehensive law banning such atrocities. It gin’’); 42 U.S.C. 2002e–2 (prohibiting employ- when this Nation's deepest sin was revealed is a federal crime to hijack an automobile or ment discrimination ‘‘because of [an] indi- by the murder of James Byrd Jr. to possess cocaine, and it ought to be a fed- vidual’s race, color, religion, sex, or national There is no case, which more graphically re- eral crime to drag a man to death because of origin’’). minds this Nation that the submerged intoler- his race or to hang a person because of his With respect to the final part of the pro- ance caused by racism that steeps throughout or her sexual orientation. These are crimes posed instruction, the amendment instructs the fabric of our society can erupt into gangre- that shock and shame our national conscience conferees not to agree to provisions that nous crimes of hate violence like the murder and they should be subject to federal law en- ‘‘preclude a person convicted of murder from of James Byrd in Jasper, TX. being sentenced to death.’’ This provision forcement assistance and prosecution. would have no bearing on Section 1507 of The lynching of James Byrd struck at the Mr. Speaker, the Conyers motion is truly the H.R. 4205. That provision does not address consciousness of our Nation, but we have let only chance for members of the House to vote the death penalty or prosecutions for mur- complacency take the place of unity in the on a hate crimes bill in the 106th Congress. der. Rather, it recognizes that States retain face of unspeakable evil. It was difficult to Accordingly, I call upon my colleagues to primary responsibility for enforcing criminal imagine how in this day and age that two seize this opportunity and vote in favor of the laws against violent conduct. The provision white supremacists beat Byrd senseless, motion. requires that federal authorities consult chained him by the ankles to a pickup truck Mr. CONYERS. Mr. Speaker, I yield with state officials before initiating a federal and then dragged him to his death over three such time as he may consume to the prosecution and would not impose any re- gentleman from Guam (Mr. UNDER- strictions on the ability of state authorities miles of country back roads. to pursue whatever sanctions are available Since James Byrd Jr.'s death our Nation WOOD). pursuant to state law. has experienced an alarming increase in hate (Mr. UNDERWOOD asked and was Thank you for the opportunity to present violence directed at men, women and even given permission to revise and extend our views. The Office of Management and children of all races, creeds and colors. his remarks.) September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7531 Mr. UNDERWOOD. Mr. Speaker, I ute, it is not merely including sexual ground that a quorum is not present rise in strong support of the motion to orientation and disability in a list of and make the point of order that a instruct of the gentleman from Michi- existing Federal hate crime legislation. quorum is not present. gan (Mr. CONYERS) in the name of jus- It is changing fundamentally the way The SPEAKER pro tempore. Evi- tice and fairness. that the legislation operates to allow dently a quorum is not present. I would like to thank the gentleman from the Attorney General, whoever he or The Sergeant at Arms will notify ab- Michigan, Mr. CONYERS, for offering this mo- she might be, to reach out and preempt sent Members. tion to instruct Committee Conferees. I strong- a State lawsuit. The vote was taken by electronic de- ly support this motion which is based upon the There are definitely two sovereigns vice, and there were—yeas 196, nays Senate Hate Crimes Amendment introduced in play; but legally speaking, if the At- 227, not voting 10, as follows: by Senators EDWARD KENNEDY and GORDON torney General, motivated by headlines [Roll No. 470] or a disgust for the death penalty or SMITH. this amendment would: YEAS—196 Expand current hate crime laws to include whatever political reasons may exist in Aderholt Goodlatte Petri discrimination based on gender, sexual ori- an emotional, high profile case, can Archer Goodling Phelps entation and disability; stop that prosecution and do it in Fed- Armey Goss Pickering Allow federal authorities more jurisdiction in eral court, leaving the State to have to Bachus Graham Pitts clean up the mess later. And the ex- Baker Granger Pombo investigating and persecuting hate crimes; and Ballenger Green (WI) Portman Provide grants up to $100,000 to train local pense goes through the roof and the Barcia Gutknecht Radanovich law enforcement officials in identifying, inves- likelihood of that happening is zero. Barr Hall (TX) Ramstad tigating, prosecuting and preventing hate It allows too much authority in the Barrett (NE) Hansen Riley hands of the Attorney General with no Barton Hastings (WA) Rogan crimes, including hate crimes committed by ju- Bereuter Hayes Rogers veniles. Federal nexus like all the other Fed- Berry Hayworth Rohrabacher Such legislation is particularly important in eral statutes have. It does a terrible Bilirakis Hefley Roukema light of the rash of hate crimes committed in thing. It divides us based on the moti- Bliley Herger Royce vation of a perpetrator and the class of Blunt Hill (MT) Ryan (WI) recent months. Hate crimes, such as the Boehner Hilleary Ryun (KS) events in Pittsburgh, Pennsylvania, where one the victim, and the Columbine situa- Bonilla Hoekstra Salmon African American, one Jewish woman, and tion is the perfect situation, unfortu- Boyd Horn Sanford nately, to talk about this. Disturbed, Brady (TX) Hostettler Scarborough three Asian American men were killed on April Bryant Hulshof Schaffer 28, 2000, highlights the critical need for hate mean, hateful people who hated life, fo- Burr Hunter Sensenbrenner crimes legislation, not only for the Asian Pa- cused on jocks, focused on somebody Burton Hutchinson Sessions cific American Community, but for all Ameri- who was African American, focused on Buyer Hyde Shadegg a girl praying, killed them all. They Callahan Isakson Shimkus cans. Calvert Istook Shows This hate crimes amendment was patterned deserve to be prosecuted by the people Camp Jenkins Shuster after the Hate Crimes Prevention Act of 1999 in the community where it happened, Campbell John Simpson (H.R. 1082/S. 622). It enjoys the broad sup- and the Federal Government has no Canady Jones (NC) Skeen reason to get involved unless one can Cannon Kasich Skelton port of 175 civil rights, civic and law enforce- Chabot King (NY) Smith (MI) ment organizations, including the Organization show throughout the land that people Chambliss Kingston Smith (TX) of Chinese Americans, India Abroad Center such as that get away with it, and they Chenoweth-Hage Knollenberg Souder Coble LaHood Spence for Political Awareness, International Associa- do not. Mr. Speaker, I will tell my col- Coburn Largent Stearns tion of Chiefs of Police, Federal Law Enforce- Collins Latham Stenholm leagues, as someone was involved in ment Officers Association and Police Founda- Combest Lewis (CA) Stump the criminal law before I came to Con- Cook Lewis (KY) Sununu tion. gress, that if we create this system, if Cooksey Linder Sweeney As Chairman of the Congressional Asian we create this dynamic, we are going Costello Lipinski Talent Pacific American Caucus, I speak on behalf of Cox Lucas (KY) Tancredo to have a lot of mischievous behavior the national Asian Pacific American commu- Cramer Lucas (OK) Tanner out there where people are manufac- Crane Manzullo Tauzin nity in urging all members to support this mo- turing hate crimes because it is a bet- Cubin Martinez Taylor (MS) tion. Strengthening Hate Crime laws is a com- Cunningham McCrery Taylor (NC) ter deal if they can get in the Federal mon sense policy and step in the right direc- Davis (VA) McHugh Terry system, because they will not face the tion for all Americans. Deal McInnis Thomas death penalty, as the men who are in DeLay McIntyre Thornberry Again, I appreciate the opportunity to ad- Texas are facing the death penalty for DeMint McKeon Thune dress the Committee and urge all Members to Dickey Metcalf Tiahrt dragging the African American gen- support this motion to instruct. Doolittle Mica Toomey tleman to his death. Mr. GRAHAM. Mr. Speaker, I yield Dreier Miller (FL) Traficant Please, look at what we are doing Duncan Miller, Gary Vitter myself such time as I may consume. here today. Do not divide America. Dunn Moran (KS) Walden One thing will happen when this is Ehrlich Myrick Wamp Stand up for the 14th amendment the Emerson Nethercutt Watkins over. There will not be hate between way it was written for all of us, and us. We will come together, and we will English Ney Watts (OK) make sure the Federal Government, be- Everett Northup Weldon (FL) work together where we can, and we cause of headline-grabbing Attorney Ewing Norwood Weller Fletcher Nussle Whitfield will disagree when we have to. Generals in the future, regardless of I want to clear up the RECORD the Fossella Ose Wicker party, cannot come and destroy our Fowler Oxley Wilson best I can and explain what my motion communities’ abilities to heal their Ganske Packard Wolf does what I think is very needed. One, Gekas Paul Young (AK) wounds and to deal with their bad ac- Gibbons Pease Young (FL) there is no objective evidence that the tors and to create justice the way it Committee on the Judiciary or anyone Gillmor Peterson (MN) sees fit in its backyard. Goode Peterson (PA) else, as we see, that the States are ig- The SPEAKER pro tempore (Mr. NAYS—227 noring violent assaults based on peo- SIMPSON.) Without objection, the pre- ple’s race, sex, gender, national origin, Abercrombie Biggert Capuano vious question is ordered on the mo- Ackerman Bilbray Cardin religion or disability. There is no tion. Allen Bishop Carson State, there is no repeated pattern of There was no objection. Andrews Blagojevich Castle where one gets to pound on a par- The SPEAKER pro tempore. The Baca Blumenauer Clay ticular group and nobody does any- Baird Boehlert Clayton question is on the motion to instruct Baldacci Bonior Clement thing about it. That is a fallacy. offered by the gentleman from South Baldwin Bono Clyburn Let me tell my colleagues about the Carolina (Mr. GRAHAM). Barrett (WI) Borski Condit legal consequences of what we are The question was taken; and the Bartlett Boswell Conyers Bass Boucher Coyne about to do in my opinion, and my col- Speaker pro tempore announced that Becerra Brady (PA) Crowley leagues need to read the statute them- the ayes appeared to have it. Bentsen Brown (FL) Cummings selves. This allows the Federal Attor- Mr. FRANK of Massachusetts. Mr. Berkley Brown (OH) Danner ney General, unlike the current stat- Speaker, I object to the vote on the Berman Capps Davis (FL) H7532 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Davis (IL) Kilpatrick Price (NC) On the Journal (Rollcall No. 465), I would the ugly, horrible crimes that are com- DeFazio Kind (WI) Pryce (OH) DeGette Kleczka Quinn have voted ``yea.'' mitted against people simply because Delahunt Klink Rahall On H.R. 4810, (Rollcall No. 466), the veto of who they are. DeLauro Kolbe Rangel override of the Marriage Penalty Act, intro- Matthew’s mother called on our Con- Deutsch Kucinich Regula duced by the gentleman from Texas, Mr. AR- gress to act. She called on all of us Diaz-Balart Kuykendall Reyes Dicks LaFalce Rivers CHER, I would have voted ``nay.'' here to take a stand against hate, to Dingell Lampson Rodriguez On H.R. 4986 (Rollcall No. 467), Foreign renew a few simple principles into our Dixon Lantos Roemer Sales Corporation Repeal and Extraterritorial laws, principles that say so much about Doggett Larson Ros-Lehtinen who we are and what we believe. Dooley LaTourette Rothman Income Exclusion Act of 2000, introduced by Doyle Leach Roybal-Allard the gentleman from Texas, Mr. ARCHER, I This bill is critical in so many ways. Edwards Lee Rush would have voted ``nay.'' It gives law enforcement officers at all Ehlers Levin Sabo On H. Con. Res. 327 (Rollcall No. 469), levels of government the tools they Etheridge Lewis (GA) Sanchez Evans LoBiondo Sanders honoring the service and sacrifice during peri- need to deal with horrible acts of hate- Farr Lofgren Sandlin ods of war by members of the U.S. Merchant based violence. Fattah Lowey Sawyer Marine, introduced by the gentleman from It sends a message to the world that Filner Luther Saxton crimes committed against people be- Foley Maloney (CT) Schakowsky California, Mr. KUYKENDALL, I would have Forbes Maloney (NY) Scott voted ``yea.'' cause of who they are, that these Ford Markey Serrano On H.R. 4205 (Rollcall No. 470), instructions crimes are particularly evil, particu- Frank (MA) Mascara Shaw to conferees on the Department of Defense larly offensive. It says that these Franks (NJ) Matsui Shays crimes are committed, not just against Frelinghuysen McCarthy (MO) Sherman authorization bill, offered by the gentleman Frost McCarthy (NY) Sherwood from South Carolina, Mr. GRAHAM, I would individuals, not just against a single Gallegly McCollum Sisisky have voted ``nay.'' person, but against our very society, Gejdenson McDermott Slaughter against America. Gephardt McGovern Smith (NJ) f Gilman McKinney Smith (WA) These crimes strike fear into the Gonzalez McNulty Snyder MOTION TO INSTRUCT CONFEREES hearts of others because they are Gordon Meehan Spratt ON H.R. 4205, FLOYD D. SPENCE meant to intimidate, to harass, to Green (TX) Meek (FL) Stabenow NATIONAL DEFENSE AUTHORIZA- menace. When an angry man, a trou- Greenwood Meeks (NY) Stark Gutierrez Menendez Strickland TION ACT FOR FISCAL YEAR 2001 bled man shot up a Jewish community Hall (OH) Millender- Stupak Mr. CONYERS. Mr. Speaker, I offer a center in Los Angeles, wounding teach- Hastings (FL) McDonald Tauscher ers and students in a place that was Hill (IN) Miller, George Thompson (CA) motion to instruct conferees on H.R. Hilliard Minge Thompson (MS) 4205. supposed to be a sanctuary of protec- Hinchey Mink Thurman The SPEAKER pro tempore (Mr. tion, the man said that he had shot at Hinojosa Moakley Tierney SIMPSON). The Clerk will report the these children because he wanted to Hobson Mollohan Towns send a message. He wanted to send a Hoeffel Moore Turner motion. Holden Moran (VA) Udall (CO) The Clerk read as follows: wake-up call to America to kill Jews. Holt Morella Udall (NM) Today, with this bill, we reject that Mr. CONYERS moves that the managers on Hooley Murtha Upton the part of the House at the conference on message in the most powerful, most Houghton Nadler Velazquez forceful way that we can. Today, we as Hoyer Napolitano Visclosky the disagreeing votes of the two Houses on Inslee Neal Walsh the Senate amendment to the bill H.R. 4205 a society can say that we will do every- Jackson (IL) Oberstar Waters be instructed to agree to the provisions con- thing we can to protect people from Jackson-Lee Obey Watt (NC) tained in title XV of the Senate amendment. these heinous acts, that we will not (TX) Olver Waxman Jefferson Ortiz Weiner The SPEAKER pro tempore. Pursu- rest until America is free of this vio- Johnson (CT) Pallone Weldon (PA) ant to the rule, the gentleman from lence. Johnson, E.B. Pascrell Wexler Michigan (Mr. CONYERS) and the gen- This bill honors the victims of hate Jones (OH) Pastor Wise crimes, and it recalls their memory. It Kanjorski Payne Woolsey tleman from Arkansas (Mr. HUTCH- Kaptur Pelosi Wu INSON) each will be recognized for 30 honors the memory of James Byrd who Kelly Pickett Wynn minutes. was dragged to death behind the pickup Kennedy Pomeroy The Chair recognizes the gentleman truck because the killers did not like Kildee Porter from Michigan (Mr. CONYERS). the color of his skin. It honors Mat- NOT VOTING—10 thew Shepherd who was beaten with b 1445 Engel Lazio Vento the butt of a gun and tied to a fence Eshoo McIntosh Weygand Mr. CONYERS. Mr. Speaker, I am post and left to die in freezing weather Gilchrest Owens Johnson, Sam Reynolds pleased to yield 3 minutes to the gen- because he was gay. It honors Ricky tleman from Missouri (Mr. GEPHARDT), Byrdsong, a former basketball coach at b 1443 the minority leader of the House, to my alma mater, Northwestern, who Messrs. ANDREWS, MOORE, begin the debate on the motion to in- was gunned down on the street because FRANKS of New Jersey, and REGULA, struct on this most important vote on he was black. It honors not only those Ms. SLAUGHTER, Ms. RIVERS, and civil rights in this session of Congress. victims, not just the high profile Ms. DANNER changed their vote from (Mr. GEPHARDT asked and was crimes, it honors all the people whose ‘‘yea’’ to ‘‘nay.’’ given permission to revise and extend lives have been scarred by these acts, Mr. LEWIS of California and Mr. his remarks.) the victims who do not always make ARCHER changed their vote from Mr. GEPHARDT. Mr. Speaker, I rise the headlines. ‘‘nay’’ to ‘‘yea.’’ in strong support of the Conyers mo- The hate crimes that we do not hear So the motion to instruct was re- tion, a motion that is in keeping with about deserve our strong response jected. the best of our national traditions. today. So today, let us take a stand The result of the vote was announced First, let me say that I am very glad against violence. We are voting to dedi- as above recorded. that we are finally at long last having A motion to reconsider was laid on cate our national resource, to bring the the table. this debate, a debate that allows us to strongest laws that we have to bear Stated against: express our feelings, our passion on one against the most sinister thing that we Mrs. ROUKEMA. Mr. Speaker, on Rollcall of our most important and greatest pri- know. The Conyers motion is the only No. 470 I inadvertently pressed the ``yea'' but- orities. motion that will strengthen our exist- ton. I intended to vote ``nay.'' Yesterday, I stood outside of this ing laws, that will strike a real blow f marvelous building on the lawn just a against hate. few feet from our rotunda, and I lis- Let me say this is a bipartisan effort. PERSONAL EXPLANATION tened to Judy Shepherd talk about the There is nothing partisan in this effort Mr. OWENS. Mr. Speaker, this morning, I murder of her son Matthew. Judy Shep- today. Republicans and Democrats are was unavoidably absent on a matter of critical herd talked about the pain of losing a joining together. This issue transcends importance and missed the following votes: child to senseless violence and about politics. It challenges us to look into September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7533 ourselves, to search our humanity and So I urge each and every one of my how this conduct of targeting minority pass a law that I guarantee my col- colleagues today to support the Con- groups or special groups because of a leagues will go down in the history yers motion, and let us give this the bi- certain characteristic is intolerable in books. partisan support that it deserves, the our society; and I agree with that com- Virtually every major accomplish- bipartisan support that it received in pletely. ment that we pass ever in the history the other body. In fact, when I was a United States of this body has been bipartisan. This Mr. HUTCHINSON. Mr. Speaker, I Attorney, I had the responsibility that law, like the Civil Rights Act of 1965, yield myself such time as I may con- I did not ask for of prosecuting a hate will be a bipartisan blow against hate sume. group. That group was known as The and violence. Mr. Speaker, I rise in respectful op- Covenant, the Sword and the Arm of This is a great country. We are so position to the motion to instruct con- the Lord. It was in northern Arkansas. wealthy. But our greatest moments are ferees. I think it is important to re- It was in my district. not when we produce material wealth. member at this juncture that this pro- That group, led by James Ellison, Our greatest moments are when we as vision is attached to the Defense au- had targeted homosexuals. It had tar- a people manage in the face of horrible thorization bill, and this is the Ken- geted minorities from Jewish Ameri- tragedy to rise up to come together to nedy hate crimes legislation. It was cans to African Americans. They had take a simple stand for basic decency. not part of the House package. It was blown up a Jewish synagogue in Mis- Give us this motion. Give us this law. not considered in the House. I say that souri. They had killed a pawnshop Bring America up, rising up against ha- because I know that we do that in this owner in Texarkana, Arkansas, because tred and against violence. body, where something is considered in they perceived that he was Jewish. It Mr. CONYERS. Mr. Speaker, it is my the Senate, it is considered in the con- was clearly a hate group. It was a hate pleasure to yield 3 minutes to the gen- ference; but it certainly is something group that had violated the law. tleman from Michigan (Mr. BONIOR), that has not been considered and de- I prosecuted that group. At the same the minority whip of the House. bated in this body. I think that makes Mr. BONIOR. Mr. Speaker, I thank time I prosecuted them, they had tar- the gentleman from Michigan (Mr. a difference as we consider this motion geted my family for assassination. So I to instruct. know something about hate groups. I CONYERS) for his leadership and others Let me first look at what this Ken- for their leadership on this. I commend certainly have not been the victim of nedy amendment in the Defense au- the gentleman from Missouri (Mr. GEP- racial discrimination; I would never thorization bill provides. It is the hate HARDT), our leader, for his statement. say that. But I know about hate This motion and this proposition re- crimes amendment. It is what the mo- groups. ceived a strong bipartisan vote in the tion to instruct binds this body to sup- From that experience, I see how United States Senate. It is time that it port in the conference. It, first of all, wrong they are for society. I see the received the same kind of bipartisan expands the protected groups to in- poison they are for the new generation support in this House. clude gender, sexual orientation, or coming up. We should do everything in Now, we understand that no act of disability. our society that is appropriate, that we Congress can ever outlaw bigoted Now, what is important to remember can stand against this. We should thoughts. But we also understand that, is that we already have a Federal speak out against it. We should express when hateful thoughts turn into hate- crime. There is a Federal crime to outrage by it and prosecute them to ful deeds, the Congress must act and interfere with anyone’s exercise of a the fullest extent of the law. act decisively. That is why this legisla- federally protected activity. This could I would personally love to be a pros- tion is so necessary. be voting, this could be traveling, ecutor that would go from jurisdiction Today, even though the rate of most interstate commerce, exercising any to jurisdiction prosecuting hate groups violent crimes is decreasing, the num- number of federally protected rights. and those that engage in hate crimes. I ber of hate crimes is still alarmingly It is a Federal crime if those rights think we have to do that. high. The FBI reported that, over the are interfered with because of race, be- So with that background, I want to course of 1 year alone, in 1997, more cause of color, because of religion or say that targeting any group because than 8,000 hate crimes were reported in ethnicity. So that is the current state of race, gender, sexual orientation, re- this country. We have just heard exam- of the law. The Kennedy amendment ligion, or disability should not be toler- ples of them from our leader. would expand those protected rights to ated in any civilized society. But it We have seen houses of worship burn, include other categories, as I men- should most certainly not be tolerated small children attacked, men and tioned, gender, sexual orientation, and in the freest country in the world, the women murdered, murdered for their disability. United States of America. religion, murdered because of their The second point that needs to be But then we come back to the first ethnicity, murdered because of their made about the Kennedy amendment is question, and that is, is this expansion gender, murdered for a whole host of that it makes it a Federal hate crime, of Federal jurisdiction constitutional? and it creates the Federal hate crime reasons. For every act we hear about, b 1500 every assault that is reported, there and expands it without the require- are many that pass unnoticed. ment of a federally protected activity. We are all aware of the warnings that In fact, in my congressional district, This is a significant difference from have been given by the United States just this last week, I learned of a man the current law. What we need to re- Supreme Court. We recall the Lopez de- who was beaten so severely in an at- member is that this is a significant, cision, which arose out of our expan- tack that he lost seven of his teeth and substantial expansion of Federal juris- sion of Federal criminal jurisdiction to was hospitalized as a result of the beat- diction over crime in our country. guns being found in school zones and ing. The reason was the fact that he It is not always wrong to expand Fed- we said that ought to be a Federal was gay. eral jurisdiction. As has been pointed crime. The United States Supreme But despite their frequency and the out, we have done that from time to Court said, but even these modern-era fact that these crimes are intended to time in this body. But whenever we ex- precedents which have expanded Con- terrorize millions of Americans, too pand Federal jurisdiction, we should gressional power under the Commerce many in the law enforcement field lack ask some basic questions. First of all, clause, confirm that that power is sub- the legal authority it takes to inves- is this expansion constitutional? That ject to outer limits. tigate and to prosecute them. That is is the responsibility we have. Secondly, The court has warned that the scope why this legislation is important. That if it is constitutional, is it necessary? of the interstate commerce power must is what this legislation does. It cor- Is there such a gap in the current law be considered in the light of our dual rects that inadequacy. that this expansion is required? So we system of government and may not be We cannot outlaw hatred, Mr. Speak- want to talk about those particular extended so as to embrace effects upon er. We have a moral responsibility to questions. interstate commerce, and they con- stand up for those who could be its vic- But before I do, I want to address tinue to warn the Congress of the tims. what the minority leader spoke about, United States to be careful that we do H7534 CONGRESSIONAL RECORD — HOUSE September 13, 2000 not effectually obliterate the distinc- That is appropriate. But that is a dif- ultimately after we debate this that tion between what is national and what ferent scheme than making a special the answer is yes, yes and we need to is local and create a completely cen- Federal statute that would give special do this, but is the appropriate time to tralized government. That is a warning protection to certain groups. consider it in a conference report by the United States Supreme Court. The second thing I would point out, which is not being considered by the They also said in another case, we is it necessary, is what are the States House? are also familiar with, in United States doing in the current prosecutorial In fact, we are instructing the con- v. Morrison, something I believe in, scheme? ferees to go to this particular Kennedy which is an expansion of the Violence The minority leader mentioned the proposal when in fact there is also the Against Women Act, to create a civil cries of the mother of Matthew Hatch proposal. Senator HATCH offered cause of action for criminal conduct Shepard, calling that this is not to be a proposal that was adopted as well and that was engaged in because of some- tolerated in our society and how we it addresses hate crimes, but it does it one’s gender, which allowed them to should honor the victims of violence. in this way: it creates more funding for bring a civil lawsuit. And we should honor them. But in Mat- the States and their prosecution of The court struck that law down, as thew Shepard’s case, a homosexual col- hate crimes, so it gives more resources well, and said, ‘‘The Constitution re- lege student, as my colleagues know, and grants to the States. quires a distinction between what is that was murdered in Laramie, Wyo- The second thing it does, in a very truly national and what is truly local,’’ ming, it was a State court prosecution thoughtful way, is that it creates a obviously citing the Lopez case, ‘‘and in which one the defendants pled guilty study to examine the efficacy of the recognizing this fact, we preserve one and got two consecutive life sentences. current law. Do we really need it? Is it of the few principles that has been con- They might create a Federal hate necessary? And this is another ap- sistent since the clause was adopted, crimes statute that they will not get proach. the regulation and punishment of any more than that. And the other So I would say, let us do not bind our intrastate violence that is not directed could be facing the death penalty when conferees that they have to go a par- at the instrumentalities, channels, or it is tried in October. ticular direction. There are other op- goods involved in interstate commerce Another one, the murder of James tions that should be considered. has always been the province of the Byrd, a horrendous crime in Texas tar- So, my fellow colleagues, I believe States.’’ geting an African American, it was a that there are some important ques- So clearly, we have some warnings State prosecution in which the jury tions that say let us do not adopt this from the Supreme Court. Is it constitu- gave death by injection rather than life binding motion to instruct our con- tional? They have raised some ques- in prison. And so, it was the ultimate ferees. tions about it. punishment that was meted out in this Finally, I think there is an issue of The Washington Post, not exactly a case under a State prosecution. fairness that troubles some people. conservative journal, editorialized and In Alabama there was a slaying of Should certain groups in America when said, ‘‘rape, murder and assault, no Billy Jack Gaither, who was beaten to it comes to crimes of violence be enti- matter what prejudice motivates the death and then burned by kerosene- tled to greater resources in investiga- perpetrator, are presumptively local soaked tires. The men who murdered a tion and different laws in the prosecu- matters in which the Federal Govern- homosexual over unwanted advances, tion than other groups? This is funda- ment should intervene only when it has that perpetrator will avoid the death mental. It is difficult because we all a pressing interest. The fact that ha- penalty only because the family re- know that there is a problem in our so- tred lurks behind a violent incident is quested that the death penalty be ciety when we target minority groups not, in our view, an adequate Federal waived. That was a State prosecution. or groups that are targeted because of interest.’’ A constitutional warning by I could go on and on in which State disability or any other reason. They the Washington Post. prosecutions have been successful not should be punished to the full extent of So certainly there should be some in 40 years, not in 50 years, but in the the law, and we need to send a signal to questions about is this the right direc- maximum penalty in these particular our society that it is not tolerable. But tion to go constitutionally. Secondly, cases. there are ways to send that signal rath- even if we say that it is, is it nec- True, and I am delighted, that in er than considering a massive expan- essary? many of those instances Federal re- sion of Federal jurisdiction. I would point out, and I am pleased sources have been devoted to make My colleagues, these are serious with this, that our Federal sentencing sure that they were able to obtain the issues and I do not believe the right guidelines, based upon the direction conviction of the perpetrator. place to approach it would be in the given by the United States Congress, Finally, I would point out the testi- conference. We need to come back and they have enhanced the penalties for mony of a judge who testified in the sort through each of these, as the Su- hate crimes, but they have done it Senate Committee on the Judiciary on preme Court has directed. after the conviction when it is appro- this particular bill. In this case it was So I would ask my colleagues to op- priate to consider the targeting of a Judge Richard Arcara who testified in pose the motion to instruct. minority group as a factor in increas- opposition to the hate crimes legisla- Mr. Speaker, I reserve the balance of ing penalties. tion; and he stated, ‘‘The issue is not my time. This is what the Federal sentencing whether we are for or against the pros- Mr. CONYERS. Mr. Speaker, I yield guidelines says: ‘‘If the finder of fact at ecution of hate crimes. All decent, myself 30 seconds. trial, the court at sentencing, deter- right-thinking people abhor hate Mr. Speaker, my friend from Arkan- mines beyond a reasonable doubt that crimes. The real issue before you is sas (Mr. HUTCHINSON) mentioned the the defendant intentionally selected whether the acts of violence covered by Laramie, Wyoming tragedy with Mat- any victim or any property as the ob- the proposed statute, which are already thew Shepard. ject of the offense of conviction be- criminal offenses under State law and Yesterday, here on the Hill, the po- cause of the actual or perceived race, which may already be Federal crimes lice chief of Laramie, Wyoming, joined color, religion, national origin, eth- as well, are not being adequately pros- us in support of our hate crimes pre- nicity, gender, disability, or sexual ori- ecuted and punished at the present vention act. He met with us yesterday. entation of any person, the penalty time.’’ I might point out that the National should be increased by three levels.’’ In other words, why is a new Federal Sheriffs Association supports this mo- And, as we all know, that is a signifi- statute needed? tion to instruct and the International cant increase in the amount of time And so again the question, is it con- Association of Chiefs of Police supports that they would be incarcerated. stitutional; and secondly, if it is, is it this motion to instruct. So the current state of the law is necessary under the present cir- Mr. Speaker, I yield 11⁄2 minutes to that the targeting of these special cumstances? the gentleman form Missouri (Mr. groups is a significant Federal factor in The reason I bring these questions up Skelton), the ranking member from enhancing punishment. That is right. is that my colleagues might conclude the Committee on Armed Services. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7535 Mr. SKELTON. Mr. Speaker, I thank highly prejudicial and inflammatory to munity that each victim represents. the gentleman for yielding me the the jury. Wyoming is a long way from Wis- time. Recent reviews of death penalty consin. Yet in the days and months Mr. Speaker, I rise in support of the cases have revealed that many defend- that followed the murder of Matthew Conyers motion. ants who are factually innocent are Shepard, I looked into many fear-filled Our Nation has seen far too many convicted anyway. Telling a jury that faces and tear-filled eyes in my own cases of violent criminal acts related a defendant belongs to an unpopular community. These crimes do strike to prejudice, bigotry, and intolerance. organization only increases the chance terror throughout the Nation. Recently, the Federal Bureau of Inves- that the jury will decide the case based Yesterday, I met Commander David tigation has reported a significant on emotion rather than the evidence. O’Malley. He was the investigator in number of cases involving violence di- Evidence of motivation behind the Laramie, Wyoming, and he came to rected against a member of a religious, crime ought to include something in Washington to support our passage of ethnic, disabled, race-based, or gender- addition to mere membership in an or- this motion. He said two things: one is specific association. Statistics show ganization or beliefs. that in starting out the investigation that nearly 8,000 such acts of violence In addition to the constitutional, Mr. he really did not believe that hate have occurred annually since 1994. Speaker, the provisions of the bill ap- crimes existed but, boy, did he learn Society cannot and should not tol- parently allow a person guilty of what during the course of his investigation erate the cowardly, mean-spirited, and would ordinarily be simple assault and that these are specific crimes, and he hateful acts that we call hate crimes. battery to receive a 10-year sentence if urged us to pass this motion. Indeed, such hate-based acts have a they can prove the appropriate motiva- Mr. CONYERS. Mr. Speaker, I yield 3 deeper impact on society other than tion. minutes to the gentleman from Florida crimes. They are injurious to the com- Mr. Speaker, this motion to instruct (Mr. MCCOLLUM), the chairman of the munity and are often committed by of- conferees is aimed at a Defense author- Subcommittee on Crime of the Com- fenders affiliated with large, extended ization bill that will be considered not mittee on the Judiciary. groups operating across State lines. by the Committee on the Judiciary, Mr. MCCOLLUM. Mr. Speaker, I From my own observation, having which ordinarily considers constitu- thank the gentleman from Michigan been with numerous people who have, tional and criminal law implications in (Mr. CONYERS) for yielding me this unfortunately, sustained physical dis- a bill, if we had considered the provi- time. ability, I have witnessed the ugly face sions in the Committee on the Judici- Mr. Speaker, hate crimes are just of discrimination. I personally know ary, we could have considered the ap- plain wrong. They are crimes against the pain resulting from malicious acts propriate amendments to deal with the an individual committed by somebody and bigotry as it relates to disabilities. admission of evidence and could have principally or solely because of race, I wish to stress this point. ensured that the provisions were more religion, sexual orientation. They are As a former State prosecuting attor- proportional for the crime committed. committed not against the individual ney, I do not view this proposal lightly. To address these issues, I have sent a so much as against a class of people, Although the ability to prosecute letter to the chairman of the Sub- and they tear at the very fabric of our crimes against individuals exists committee on Crime asking that he society because they do that. today, the Senate bill would provide immediately schedule a hearing on I cannot think of a more heinous prosecutors with more tools with hate crime legislation so that we can crime that deserves any greater pun- which to fight crimes in which bias, consider these issues in an intelligent ishment than a crime committed for prejudice, and discrimination are moti- and thorough manner. that reason. That is why for a long vating factors. This is a very important piece of leg- time I have been a supporter of hate I urge my colleagues to support the islation. We need hate crime legisla- crimes legislation that is now before us Conyers motion to instruct. tion, but it has to be done right. in this fashion today and why I strong- Mr. HUTCHINSON. Mr. Speaker, I re- I will be voting for the amendment, ly urge my colleagues to support this serve the balance of my time. with those reservations. effort to instruct conferees in the only Mr. CONYERS. Mr. Speaker, I am de- way that we can achieve this goal of b 1515 lighted now to yield 21⁄2 minutes to the putting into law a Federal provision gentleman from Virginia (Mr. SCOTT), Mr. HUTCHINSON. Mr. Speaker, I re- that is overdue and needed in this case. the ranking subcommittee member serve the balance of my time. I can say not only about the Matthew that has handled this subject matter. Mr. CONYERS. Mr. Speaker, I yield Shepards of the world but I can say Mr. SCOTT. Mr. Speaker, I thank the 11⁄2 minutes to the gentlewoman from about cases in my own State, a young gentleman for yielding me the time. Wisconsin (Ms. BALDWIN), a distin- woman named Jody Bailey just last Mr. Speaker, I will be voting in favor guished member of the Committee on year, 20 years old, an African American of the advisory motion to the conferees the Judiciary. shot to death simply because of her on the Defense authorization bill, but I Ms. BALDWIN. Mr. Speaker, I rise in race, because she was dating a white do so with some reservations. strong support of this motion. This person, bullets pumped into her car and I am in full support of legislation to provision would strengthen a Federal she was killed for that reason alone. A punish hate crimes. Those crimes ter- hate crimes statute that has been on young girl 6 years old, Ashley Mance, rorize our community and they are dif- the books for over 30 years. The 1968 killed because a skinhead thought it ferent from other crimes, and they law already covers hate crimes com- was her race and it was not against her should be prosecuted vigorously and mitted on the basis of race, religion, but against her race that he shot her. punished more severely. color, or national origin. This provi- We had another case in my home However, as we enact hate crime leg- sion would add coverage for victims State involving several teenage men islation, we have to be careful to do so targeted for violence by virtue of their who killed a man brutally simply be- without impugning First Amendment sexual orientation, gender, or dis- cause he made a pass at them. That is freedoms and at the risk of skewing or- ability. wrong. That is not right, and the Fed- dinary criminal penalties. We hear from opponents that every eral law needs to be guaranteeing that Hate crime provisions adopted by the crime is a hate crime; that every act of somebody is prosecuted and given extra Senate in its Defense authorization bill violence is an act of hate, but since the punishment on top of the underlying appear to allow evidence of mere mem- founding of our country our judiciary crime and the underlying punishment bership in an organization and mere be- system has weighed the element of in- if one commits a crime principally for liefs to be introduced in prosecutions tent in evaluating the severity of that reason; just as we have laws that for activities described in those provi- crime. say if someone commits a crime with a sions. We should have an amendment The thing that distinguishes hate gun they get extra punishment on top to prohibit the use of such evidence be- crimes from other crimes is that hate of their underlying sentence for the un- cause allowing introduction of mere crimes are intended to terrorize both derlying crime because it was com- membership in an organization may be the crime victim and the entire com- mitted with a gun. H7536 CONGRESSIONAL RECORD — HOUSE September 13, 2000 I support both. I think they are rea- this measure, if it is enacted, it will Hate Crimes Statistics Improvement sonable messages and necessary mes- continue that same status quo. All this Act, that requires the FBI to gather sages to be sent out there. Unfortu- legislation will do is to ensure, when statistics about gender-based hate nately, even though most States have local authorities request assistance, or crimes as well. hate crimes laws there are a few that are unable or unwilling to act, Federal This is an incredibly important mo- do not, and in those States that do not law enforcement agencies will have the tion. We must all support it. It is im- have hate crime laws that enhance ability to come to their aid. That is portant. these punishments for crimes solely or why the sheriffs of this country and the Mr. HUTCHINSON. Mr. Speaker, I re- principally because of race or religion chiefs of police in this country support serve the balance of my time. or sexual orientation or gender or dis- this legislation. Mr. CONYERS. Mr. Speaker, I yield 1 ability, I believe in those States that Support the motion. minute to the gentlewoman from Indi- do not have them or in those States Mr. CONYERS. Mr. Speaker, I yield 1 anapolis, Indiana (Ms. CARSON). where they are there and some law en- minute to the gentlewoman from (Ms. CARSON asked and was given forcement officer for whatever reason Maryland (Mrs. MORELLA), a leader in permission to revise and extend her re- chooses not to prosecute, Federal pros- the Violence Against Women Act. marks.) ecutors should have that authority; Mrs. MORELLA. Mr. Speaker, I Ms. CARSON. Mr. Speaker, I thank and that is what this provision gives thank the gentleman from Michigan the gentleman from Michigan (Mr. them. (Mr. CONYERS) for yielding. I thank CONYERS) on his motion to instruct the That is what the Kennedy provision, him for offering what is an important conferees on H.R. 4205, urging us to the Conyers provision gives them, one I motion to instruct the conferees in the adopt the Senate provisions on hate support strongly. DOD bill. crimes, and I would certainly like to It also is true that this legislation This, of course, was a separate bill to applaud those who have spoken in this provides money, a grant program, to begin with. We do not have time to try effort prior to the time that I have help assist those law enforcement com- to pass a separate bill. It is critically been here. munities that do have their own hate important that this Congress indicate Unfortunately, because leadership crimes laws to enforce them. There their belief that hate crimes will not be has had a strange hold on hate crimes should be a clear and unequivocal mes- tolerated and we will use all of the re- legislation preventing its advancement sage sent to anybody out there re- sources available to make sure that in the House, I am questioning what it motely contemplating a crime because that is the case. is that we are waiting for. I spoke at a they hate somebody because of their Hate crimes are different from other vigil down the street at the Senate race, their religion, their sexual ori- crimes. For example, just think of the Park a couple of months ago on behalf entation. If they commit such a crime, situation of Matthew Shepard, Tony of the family of Arthur Warren, AKA they are going to get punished for a Orr, Timothy Beauchamp, James Byrd, Jr., J.R., who was beaten by two 17- very, very long time; and there is a the Jewish Day Care Center in Los An- year-olds who had confessed to that special place for them in the Federal geles. They affect not only the victim first degree murder but a trial has not prisons if the States do not do it. but an entire community. yet begun. Arthur was 26 years old. He Mr. Speaker, I strongly support the The House Committee on the Judici- was gay. He was beaten and ran over legislation before us and the motion to ary held hearings back in August. The twice, several times, with an auto- instruct conferees, and I encourage all need has been there. We are all Ameri- mobile and then taken across town and of my colleagues to support it. cans. We cannot tolerate bigotry or dumped out in the street. Mr. HUTCHINSON. Mr. Speaker, I re- hate in any way at all, and it is very This motion to instruct conferees is a serve the balance of my time. important that we do pass this motion vital effort, and if there is anything Mr. CONYERS. Mr. Speaker, I yield to instruct the conferees and show that that this Congress should do prior to 11⁄2 minutes to the gentleman from we are Americans and we do care about the adjournment, it would be to adopt Massachusetts (Mr. DELAHUNT), himself each other. the motion to instruct conferees of the a prosecutor and member of the Com- So I ask this body to support it. gentleman from Michigan (Mr. CON- mittee on the Judiciary. Mr. CONYERS. Mr. Speaker, I yield 1 YERS). Mr. DELAHUNT. Mr. Speaker, my minute to the gentlewoman from New Mr. CONYERS. Mr. Speaker, I yield friend, the gentleman from Arkansas York (Mrs. MALONEY). 11⁄2 minutes to the gentlewoman from (Mr. HUTCHINSON), asked, Is this legis- (Mrs. MALONEY of New York asked New York (Mrs. LOWEY). lation necessary? And he points to the and was given permission to revise and (Mrs. LOWEY asked and was given murder of Matthew Shepard in Wyo- extend her remarks.) permission to revise and extend her re- ming who died for no other reason Mrs. MALONEY of New York. Mr. marks.) other than he was gay, and to James Speaker, I rise in strong support of this Mrs. LOWEY. Mr. Speaker, I rise in Byrd in Texas who died for no reason motion. We have waited much too long support of this motion to instruct con- than because he was black, and I would to strengthen hate crime laws. This ferees. The American people have wait- add Joseph Ileto of California who died motion will expand the definition to ed far too long for the passage of com- for no other than reason other than he include crimes motivated by gender, prehensive hate crimes legislation, and was Asian. Is there a need? I submit sexual orientation, and disability we have an important opportunity there is a clear need. among the list of crimes considered as today to show our support for this ini- When such actions take place in hate crimes. If criminals are motivated tiative. Each day we hear stories of other countries, when individuals are by bias, then prosecutors should have hate groups actively recruiting mem- persecuted because of their identity, the ability to seek a higher penalty. bers in our communities, often mask- whether it be racial or religious, our I feel strongly about this because ing their hatred with religion. These law, the United States law, recognizes earlier this year over 50 women were groups incite the enmity and violence this is no ordinary crime and grants beaten, surrounded, robbed, stripped in which tear at the very fabric of our so- them a remedy. We entitle them to pe- Central Park in my district. There is ciety. The good news is that some tition for asylum. Why would we do one thing all these victims had in com- States, like New York, have finally re- less to protect our own citizens from mon. They were from different coun- sponded decisively to the destructive the very same crimes? tries, different ages, different races and forces of hate-based violence. The bad Is there a need? Yes, there is a need. religions but all of them were women. news is that Congress has consistently Some have said we should not pass this The mob went after these victims sim- squandered the opportunities we have law because hate crimes are a local ply because they were women. had to address this phenomenon, drag- matter. Well, I agree, and I know that Hate crimes create a climate of fear ging our feet while senseless hatred de- the authors of this legislation, this mo- that keep a particular class of people stroys communities throughout the tion, also agree. The vast majority of from participating fully in society. As country. those crimes are investigated and pros- Americans, we cannot let this stand. It is past time to hear the cries and ecuted at the State and local level. In This motion also includes my bill, the appeals of the victims of hate crimes September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7537 and their families. We need to pass a proach, and the direction that we are a murder case. My client was an Afri- Federal hate crimes law and give law going to go in our Federal law enforce- can American who was facing the death enforcement officers the tools they ment. penalty. Shortly, thereafter I switched need to fight these crimes. We need to And I just wanted to say that I agree sides in a courtroom and began pros- pass comprehensive gun safety legisla- with much of what is being said today, ecuting criminal cases and handled tion, to keep dangerous firearms out of and the terribleness in our society of some 16 death penalty cases through- the hands of people who will perpetrate crimes against particular groups. I out the State of Missouri. hate-based violence. We need to invest think it is just simply a matter of a I have heard these very powerful in the education of our children to different approach that I would take, testimonials from all Members, includ- teach them by example to embrace the and we need to look at this very, very ing my colleague, the gentleman from diversity of our society. We need to carefully. Missouri, who spoke at the beginning find a way within constitutional Mr. Speaker, I reserve the balance of in favor of Mr. CONYERS’ motion. I, too, bounds to diminish the damaging ef- my time. have held the hands of family members fects of hate speech in our commu- Mr. CONYERS. Mr. Speaker, I yield 1 who have been murdered, the mothers nities; and we need to do it now, before minute to the gentleman from New and wives as we waited for juries to re- one more person among us has to York (Mr. CROWLEY). turn with their verdicts, and wondering mourn the loss of a loved one to a Mr. CROWLEY. Mr. Speaker, I rise whether or not the State’s cases pre- senseless hate crime. Inaction in the today in strong support of the Conyers vail and often they did. face of this tragic, dangerous trend is motion to instruct conferees on the De- But I agree also with the gentle- indefensible. fense Department authorization bill to woman from Wisconsin. My experience Mr. HUTCHINSON. Mr. Speaker, I recede to the Senate position and re- has shown that all murder cases are yield myself such time as I may con- tain the inclusion on the Local Law hate crimes, and what I think we are sume. Enforcement Enhancement Act, which attempting to do today is really legis- Mr. Speaker, I just wanted to jump is the Senate’s version of H.R. 1028, the late by headline. The fact that the into this particular point in the debate. hate crimes legislation. tragedy that occurred to the Matthew It is just amazing how much we agree Now, I notice some people believe Shephard family, the killers of Mat- upon. We are expressing outrage about that hate is not an issue when pros- thew Shephard deserve, in my esti- hate crimes, and I tried to express that ecuting a crime. They say our laws al- mation, the death penalty not because same outrage when I was a Federal ready punish the criminal act and that of who he is or what sexual preference prosecutor. I certainly have tried to ex- our laws are strong enough. I answer he had, but because the facts fit the press it in the United States Congress. with the most recent figures from 1998 case. I know that those in the State legisla- when 7,755 hate crimes were reported in The murder of James Byrd down in ture and here in our national body we the United States. Texas that has been referred to, his all are looking for ways to express our According to the FBI, hate crimes killers, in my estimation, deserve jus- outrage of this. I think we are doing it are under reported, so the actual figure tice throughout the death penalty, not fairly effectively. This debate is a is much higher. And I say to my col- because of who he was or the color of means of doing that. leagues, penalties for committing a his skin, but because the facts fit the murder are increased if the murder case. b 1530 happens during the commission of a In the earlier debate, and I was lis- Mr. Speaker, there is really broad crime. Murdering a police officer is tening to my colleague from Massachu- agreement, when we say it is intoler- considered first degree murder, even if setts (Mr. FRANK) in the debate with able in our society for someone just be- there was not premeditation. Commit- the gentleman from South Carolina cause they are African American or ting armed robbery carries a higher (Mr. GRAHAM), if there are prosecutors just because they are Jewish that they punishment than petty larceny. or police across this Nation that are be targeted or just because of their sex- There are degrees to crime and com- not aggressively enforcing existing ual orientation. It is abhorrent in our mitting a crime against somebody be- law, then we should focus there, and society that they be targeted because cause of their race, color, sex, sexual yet I believe that as the gentleman of those characteristics, so we need to orientation, religion, and ethnicity or from Arkansas (Mr. HUTCHINSON) men- stand against this at every possible op- other groups should warrant a different tioned, we are attempting in essence to portunity. penalty. These crimes are designed to criminalize abhorrent but lawful I think the debate, though, and real- send a message. We do not like your thought, and I think that is a step too ly the sense of disagreement is whether kind, and here is what we are going to far, especially having been one who we want to have a Federal concurrent do about it. served in State courts in Missouri. jurisdiction for virtually all violent So why cannot we punish crimes mo- I think, Mr. Speaker, when I ref- crime similar to the way we do it with tivated by hate differently than other erence the criminal justice system and our drug war. crimes? conjure up the image of all of those Right now, if anyone has any drug of- I believe we must stand up as a Con- cases that I had the opportunity to par- fense, it can be brought into State gress and as a country to pass hate ticipate in, I think of the Goddess of court or Federal court, it is totally crimes legislation to make our laws Justice. There is a statue just across concurrent jurisdiction. And basically tougher for the people who will carry the street depicting the Goddess of Jus- you are going to have a review of all out these heinous acts. tice and she stands there with scales in violent crime to see if it was motivated Mr. HUTCHINSON. Mr. Speaker, I one hand and blindfold across her eyes, by one of these biases that is referred yield 3 minutes to the gentleman from and I think the thought and the sym- to that covers a special category. If it Missouri (Mr. HULSHOF), certainly his bolism is that decisions that are made was a perceived special category, and expertise as a State prosecutor is in our courtroom should be made not that is always going to be reviewed and meaningful. based on prejudice or not elevating one as the gentleman from Virginia (Mr. Mr. HULSHOF. Mr. Speaker, I thank group over another, but should be ap- SCOTT) appropriately made the expres- the gentleman for yielding the time to plied consistently, and because of that, sion of concern, that are we going to be me and certainly appreciate the tenor then I ask for a no vote on Mr. Con- examining everyone’s thought. I think of the debate, especially hearing the yers’ motion. the gentleman says that we need to experiences of my friend, the gen- Mr. CONYERS. Mr. Speaker, I yield 1 really look at this very carefully. He tleman from Arkansas (Mr. HUTCH- minute to the gentleman from Massa- has some reservations about it. INSON) and his experiences as a Federal chusetts (Mr. FRANK). The reservations that the gentleman prosecutor. Mr. FRANK of Massachusetts. Mr. raised are reservations that some on Before coming to this body, I began Speaker, first, I want to congratulate this side have as well. And as the mi- my legal career as a court-appointed the gentleman from Arkansas (Mr. nority leader said, it is not a partisan public defender, and one of the last HULSHOF) and, finally, finding someone issue. It is really a question here of ap- cases I had the occasion to defend was to come, give him a little relief. He was H7538 CONGRESSIONAL RECORD — HOUSE September 13, 2000 looking awfully lonely. The relief falls that were, for example, experienced by ment organizations, including the National a little short. the Byrd family and the family of Mat- Sheriff's Association, the Federal Law En- First, the gentleman from Missouri thew Shephard have experienced are forcement Officers Association, the Hispanic said, we are criminalizing abhorrent not isolated incidences. National Law Enforcement Association, the thought, no not anything in here comes According to the FBI, 87 incidences National Center for Women and Policing, and remotely close to criminalizing of hate crimes based on race, religion, the National Organization of Black Law En- thought, nothing is criminal under this national origin or sexual orientation forcement Executives. bill, unless you hit somebody, shot took place in 1996 alone. There is a Hate crimes take many forms and affect somebody, stabbed somebody, there is need for this. I urge my colleagues to many different kinds of victims. As a Member nothing in this bill that criminalizes support the motion to instruct. of Congress who has the privilege of rep- thought, the right to burn crosses and Mr. Speaker, in recent years we have resenting a district with a large number of gay engage in hate speech, first amendment mourned the deaths of Matthew Sheppard, a and lesbian people, I find it interesting when I protected, remains totally undimin- gay college student in Wyoming, and James hear people talk about tolerance for gay and ished. Byrd, an African-American man in Texas. lesbian people because in our community the Secondly, the gentleman said, I men- These brutal killings are reminders of the vio- issue of tolerance was resolved long ago. We tioned places where there are prosecu- lence and harassment that millions of Ameri- not only tolerate our gay and lesbian friends tors and police who are not fully en- cans are subjected to simply because of their and neighbors, we take great pride in them forcing the law, fortunately a small sexual orientation, race, religion, or other and in the contribution that they make to our minority against particular groups, group membership. community in San Francisco, indeed to our and he says focus on them. Kill this I had the privilege of introducing members great country. bill and you cannot focus on them. of each of their families at the Democratic Na- Murders and assaults that target African- That is what the bill does. tional Convention last month. There they Americans, Jewish-Americans, Hispanics, This bill does not generalize a Fed- spoke movingly of their slain loved ones and Gays and Lesbians, or any other group are eral criminal presence. It gives the At- the impact that crimes motivated by hate have the manifestation of enduring bigotry that is torney General the right in a restricted on families and communities. still all too prevalent in our society. Passage of set of circumstances to enter into pros- These tragic murders and the suffering that this bill would not end all violence against ecutions, and we envision the cir- these two families have experienced are, un- these communities. But it would allow the Fed- cumstance would be where a vulnerable fortunately, not isolated incidents. According to eral Government to respond and take action group was being victimized and was not statistics kept by the National Coalition of Anti- by investigating and punishing the perpetrators getting the protection. So without this Violence programs, 29 Americans were mur- of crimes motivated by hate. I urge my col- legislation, we cannot do what the gen- dered in 1999 because they were gay or les- leagues to vote yes on the motion to instruct. tleman from Missouri says we should bian and there were more than 1,960 reports Mr. CONYERS. Mr. Speaker, I yield do, focus on those situations. of anti-gay or lesbian incidents in the United 11⁄2 minutes to the gentleman from Mr. CONYERS. Mr. Speaker, I yield States, including 704 assaults. And according Georgia (Mr. LEWIS), the deputy whip 11⁄2 minutes to the gentlewoman from to the Federal Bureau of Investigation, in 1966 on the minority side. California (Ms. PELOSI). there were over 8700 reported incidents of Mr. LEWIS of Georgia. Mr. Speaker, Ms. PELOSI. Mr. Speaker, I thank hate crimes based on race, religion, national I want to thank my friend and col- the gentleman from Missouri (Mr. CON- origin, or sexual orientation. Crimes based on league, the gentleman from Missouri YERS) for yielding me the time and hate are an assault on all of us, and we must (Mr. CONYERS) for yielding the time to thank him for offering this motion to take stronger measures to prevent and punish me. instruct conferees. these offenses. Mr. Speaker, I rise in support of the By doing so, under his leadership, he Opponents of this measure have argued motion to instruct conferees. Hate is gives this body today a great oppor- that this is an issue that should be left to the hate. Hate is hate. It is based on race, tunity, an opportunity to say that hate states. However, Congress has passed over on color, on religion, national origin or crimes have no place in our country. 3000 criminal statutes addressing harmful be- sexual orientation. No one, but no one The gentleman from Missouri (Mr. haviors that affect the Nation's interests, in- is born hating. Little babies do not HULSHOF) argued that there is no need cluding organized crime, terrorism, and civil know hate. for a Federal hate crimes legislation, rights, violations. Thirty-Five of these laws They do not know sexism. They do because assault and murder are already have been passed since the Republicans took not know racism, but our society will crimes. control of Congress in 1995. change the little babies before they be- However, the brutality of these hate Others have argued that there is no need come adults. We teach people how to crimes speaks to the reality that for federal Hate Crimes legislation because hate, to hate someone because of their whether a person is targeted for vio- assault and murder are already crimes. How- color, because of their race, because of lence, because of his or her sexual ori- ever, the brutality of these crimes speaks to their religion, because of their sex or entation, race or other group member- the reality that when a person is targeted for sexual orientation. ship, the assailant intends to send a violence because of their sexual orientation, As I said before, nobody, Mr. Speak- message to all members of that com- race, or other group membership, the assail- er, is born hating, but too many people munity. The message is, you are not ant intends to send a message to all members in our society grew up hating, and they welcome. of that community. That message is you are get involved in hate crime against The effort to create an atmosphere of not welcome. someone because of their religion, be- fear and intimidation is a different The effort to create an atmosphere of fear cause of their color, because of their type of crime, and it demands a dif- and intimidation is a different type of crime, sex or sexual orientation. There is no ferent kind of response. All Americans, and it demands a different kind of response. room in our society to hate or be vio- all Americans have a right to feel safe All Americans have a right to feel safe in their lent towards someone because of their in their communities. community. race, their color, their national origin, This bill counters this message of in- The Local Law Enforcement Enhancement their religion or sexual orientation. timidation. This motion to instruct Act of 2000 counters this message of intimida- With this legislation, Mr. Speaker, sends a strong statement that our soci- tion with a strong statement that our society we will send a strong and powerful ety does not condone and will not tol- does not condone and will not tolerate hate- message that we are one family, one erate hate-based crimes. Passage of based violence. In addition, passage of this people, one Nation. I urge all of my col- this motion to instruct would not end legislation will increase public education and leagues to support the motion to in- hate-based violence, we know that, but awareness, increase the number of victims struct conferees. it would allow the Federal Government who come forward to report hate crimes, and Mr. CONYERS. Mr. Speaker, I yield to respond and take action. increase reporting by local law enforcement to 30 seconds to the gentleman from Mas- Mr. Speaker, I urge my colleagues to the FBI under the Hate Crimes Statistics Act. sachusetts (Mr. FRANK). vote yes on the motion to instruct. It In addition to a bipartisan group of 192 Mr. FRANK of Massachusetts. Mr. is necessary, Mr. Speaker, because House sponsors, this bill is supported by 175 Speaker, I want to return to the allega- these tragic murders and the sufferings civil rights, religious, civic and law enforce- tion that this criminalizes thought. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7539 Here is the operative phrase which con- raised: Is it constitutional, and is it what is the right approach. I believe trols any new crime, whoever willfully necessary? I listened to every speaker the right approach is not directing our causes bodily injury to any person or on this side, and I did not see a recita- conferees to adopt a particular ap- through the use of fire, a firearm or an tion of where the constitutional basis proach on the defense authorization explosive or incendiary device at- is and how we respond to the Supreme bill. I ask my colleagues to oppose this tempts to cause bodily injury to any Court when they cautioned this body in motion to instruct. person. saying that every crime cannot be a Mr. Speaker, I yield back the balance Absent that phrase, there is no crime Federal crime. Again, quoting the Su- of my time. committed, so this only applies by its preme Court: ‘‘Indeed, we can think of Mr. CONYERS. Mr. Speaker, I yield explicit language to actual injury or no better example of the police power myself the balance of my time. attempts to injure with a fire or fire- which the Founders denied the na- Mr. Speaker, I want to thank all of arm or an explosive or incendiary de- tional government and reposed in the the Members that have participated in vice. states than the suppression of violent this debate, and particularly the floor Mr. HUTCHINSON. Mr. Speaker, I crime and vindication of its victims.’’ manager, the gentleman from Arkan- yield 30 seconds to the gentleman from So I do not believe that has been an- sas (Mr. HUTCHINSON). I think we have Missouri (Mr. HULSHOF). swered. Where is the constitutional been exhaustive on this subject and Mr. HULSHOF. Mr. Speaker, my re- basis? have moved in a very important way. sponse to the gentleman from Massa- The second question that I raised is, The reason this debate has been as chusetts (Mr. FRANK) would be that if Is it necessary? Not one case has been long as it has is because we have had the bias of an accused defendant is cited by my friends from the other side one motion to instruct, the Graham made relevant then would not the gen- of the aisle in which there was a hate motion, which was turned away, and tleman agree that any statements, any crime in the States that was not inves- now we have mine, which I hope will be writings, any thoughts, any spray tigated and not prosecuted. No case has accepted. painted slurs, any of these constitu- been cited. The reason is that it is unrefuted tionally protected, although abhorrent Now, the gentleman from Massachu- that many of the crimes with which we statements, would then be part of the setts (Mr. DELAHUNT) referred to a cou- are concerned are never prosecuted. criminalization of the act? ple of cases in which there is a need be- Sometimes it is because the State and Mr. CONYERS. Mr. Speaker, I yield cause there was a hate crime. Well, the local authorities do not have the re- 15 seconds to the gentleman from Mas- end of the story is that the States pros- sources, but other times it is because sachusetts (Mr. FRANK). ecuted, they got the life sentence, they they do not have the will. But the bot- Mr. FRANK of Massachusetts. Mr. got a death sentence. Every witness, tom line is that these crimes often go Speaker, there has to be a prior phys- every witness that was called in sup- unpunished. Today we are asking our ical criminal assault on someone else. port of hate crimes legislation before colleagues to go on record as to wheth- Then when you get to the sentencing the Senate committee or the House er or not they will support a Federal and you get to the decision about pun- committee, were victims or family law to ensure that these crimes be ishment, you can take into account members of a victim of a hate crime. It prosecuted, but only when the State motive. Yes, I would agree with the has been vindicated with the maximum legal system breaks down. Many State gentleman, you can take into account penalty of the prosecution under State officials have asked for Federal legisla- motive and motives that are some- law. tion so that they can get help from times constitutional when they are So for this massive expansion of Fed- Federal authorities in handling these part of a crime can be punished. eral jurisdiction, is it a constitutional crimes because of the complexity of basis? Is it necessary? I appreciate the the cases and because many of the pur- b 1545 frankness of the gentleman from Vir- veyors of hate operate across State Mr. HUTCHINSON. Mr. Speaker, I ginia (Mr. SCOTT), the ranking member lines. yield myself such time as I may con- on the Subcommittee on Crime. I was Many of us in the House have already sume. aware of the letter that the gentleman been on record supporting Federal Mr. Speaker, if the ranking member wrote to the gentleman from Florida criminal laws that are based on dis- is prepared to close, I will go ahead and (Mr. MCCOLLUM), the chairman of the criminatory acts. My earlier bill of finish as our final speaker. Subcommittee on Crime, in which he several years ago, the Church Arson Mr. Speaker, I wanted to come back expressed concern from a constitu- Act, is just the most recent instance of to this debate; and, again, in listening tional standpoint about the issues that what Members in this House have al- to some of the arguments that have were debated by the gentleman from ready voted for. This measure soon to been made, I noticed that the gen- Missouri, about whether this is going come up, the hate crimes bill from the tleman from Michigan (Mr. CONYERS) to require evidence of membership, be- Senate, follows that same pattern. referred to the police chief in Laramie, cause you have to prove the motivation Mr. Speaker, with the equal protec- Wyoming, who supports this legisla- being a hate crime against a particular tion promise of the reconstruction tion. In fact, the police chief of Lar- group. So the issue will be membership amendments in the 19th century, the amie, Wyoming, was concerned about in organizations. Federal Government assumed the duty the burden on the State as to how There is a question that has been to ensure that all Americans are pro- much it costs in the prosecution. He raised by civil libertarians about that, tected from violence aimed at them needed financial help. It was not a mat- and also some other questions raised, simply because of who they are or how ter that the case was not adequately and ultimately they asked for more they lead their lives. So this is not a investigated or prosecuted, because, hearings. In other words, let us proceed usurpation of State authority. It is a again, a life sentence was meted out. It through. Now that we have the support backstop, and when the State system is the burden on the States because of of the chairman of the Subcommittee does not work, that is when this hate these prosecutions in hate crimes. on Crime, surely we can consider this crimes law would kick in. Again, this is a Department of De- legislation, consider the amendment, Mr. Speaker, it is consistent with the fense authorization bill. This is in con- consider what is the best approach, rich civil rights tradition that goes all ference on a Kennedy amendment that rather than requiring our conferees on the way back to the 1930s when the late has not been considered in this body. a defense authorization bill, where Dr. W.E.B. duBois and Ida B. Wells, an The question is, when there is the Sen- they do not have the expertise of the African American civil rights fighter ator Hatch proposal that would provide Committee on the Judiciary to debate before her time, supported the NAACP grants to the States that would address this issue. That is simply what I am anti-lynching laws, which have now the concern of the police chief of Lar- asking my colleagues. been extended through the Hate Crimes amie, Wyoming, perhaps that is the We are in great agreement that this Act. We studied the 1938 Senate fili- best way to go. is intolerable, targeting particular buster on anti-lynch laws which went What is missing in this debate is the groups in our society. We are in agree- down. It was defeated in the face of answer to the two questions that I ment on that. It is simply a question of many of the same arguments that are H7540 CONGRESSIONAL RECORD — HOUSE September 13, 2000 being made today by opponents of this forward and seek justice, and perhaps most they are. Perpetrators are motivated by hate legislation. importantly, demonstrate the federal govern- and their actions are intended to strike fear Ms. JACKSON-LEE of Texas. Mr. ment's clear resolve to prosecute these crimes into an entire group of people. We know that Speaker, will the gentleman yield? to the fullest extent of the law. individuals are targeted because of their sexu- Mr. CONYERS. I yield to the gentle- Some of my colleagues have argued that ality, disability, and gender just as often as be- woman from Texas. federal hate crimes legislation is unnecessary. cause of their race, religion, and national ori- POINT OF ORDER In making this argument, they cite the case of gin, and our hate crimes prevention legislation Mr. HUTCHINSON. Mr. Speaker, I Matthew Shepard, a college student brutally must be expanded to protect them too. make a point of order. murdered in Laramie, Wyoming. They state What is the lesson we are teaching our chil- The SPEAKER pro tempore (Mr. that justice has already been served; Matthew dren and what legacy will I leave my grand- SIMPSON). The gentleman will state his Shepard's killer has already been sentenced daughters if we don't pass laws that protect all point of order. to life in prison without parole. What they don't of our citizens? If we fail, we will be turning Mr. HUTCHINSON. Mr. Speaker, it tell you is that because Matthew Shepard's our backs on our citizens. Should we succeed, was my understanding that we would murder is not considered a federal hate crime, we will be sending a clear message to all that close, so I closed. It was my under- Laramie law enforcement officials had to fur- we will not tolerate bigotry and hate. We have standing that the gentleman from lough five officials to help cover the cost of a choice, Let us choose wisely. Michigan (Mr. CONYERS) was going to prosecuting this crime. Under HCPA, by con- Mr. WEXLER. Mr. Speaker, we are com- close on behalf of his position. trast, Matthew Shepard's grieving family would mitted to defending this country against all en- Mr. CONYERS. Mr. Speaker, if the have had the benefit of additional resources emies, foreign and domestic. We must ask the gentleman will yield, I was yielding under federal law, easing the burden on local question, who or what is our enemy? What is pursuant to a request to yield. If it is law enforcement officials. the greatest threat to our democracy? Mr. the gentleman’s insistence, though, Mr. Speaker, by voting in favor of this mo- Speaker, our domestic enemies are hatred that I do not do it, I withdraw it. tion to instruct conferees, we have the oppor- and intolerance. And hate manifests itself in Mr. HUTCHINSON. Mr. Speaker, if it tunity to provide all Americans with additional many ways. Hate can provoke terrorists to is for a unanimous consent request for protection from violent crimes. The vast major- commit unconscionable acts against innocent submitting a statement, there is cer- ity of hate crimes will still be prosecuted in victims. Hate can provoke rogue leaders to tainly no objection. state court. The federal Hate Crimes Preven- persecute and intimidate members of an eth- Ms. JACKSON-LEE of Texas. Mr. tion Act provides important protections to vic- nic or religious group. And hate can provoke Speaker, will the gentleman yield? tims of violence, protections that supplement, fearful and desperate people to terrorize whole Mr. CONYERS. I yield to the gentle- not supplant, those available to victims in state communities by committing hate crimes. woman from Texas. courts. I urge my colleagues to support the We must take action. We must protect our (Ms. JACKSON-LEE of Texas asked Conyers motion. country against terrorist acts, we must protect and was given permission to revise and Ms. SCHAKOWSKY. Mr. Speaker, I am ethnicities from genocide, and we must protect extend her remarks.) proud today to stand with so many of my col- vulnerable communities from hate crimes. Ms. JACKSON-LEE of Texas. Mr. leagues to urge support for comprehensive When a person terrorizes another, that person Speaker, I thank the gentleman for hate crimes legislation. I would also like to is guilty of a crime. When a person terrorizes a community, that person is guilty of a hate yielding. thank Mr. CONYERS for his outstanding leader- First, the gentleman made a very im- ship in this area. His unwavering support and crime. Whether the community is a religious portant point, and I do have a unani- dedication to advancing civil rights has been a one, an ethnic one, or one of sexual orienta- mous consent request. I am sorry that beacon for us all. tion, it deserves protection. The nation was shocked at the murders of the gentleman from Arkansas wants to I hope my granddaughters Isabel and Eve Matthew Shepard and James Byrd, Jr., as well narrow the debate and not allow us to never know of violence motivated by bigotry as the vile and senseless nature of the atti- yield. But I would ask unanimous con- and hate. Today we have the opportunity to tudes which prompted these crimes. Many sent for this Congress to do the right strengthen our hate crimes prevention law by more hate crimes occur throughout the coun- thing and to support the motion to in- expanding the definition of a ``hate crime'' to try that do not receive the level of publicity of struct by the gentleman from Michigan include sexual orientation, as well as gender the Shepard and Byrd murders. We must work (Mr. CONYERS) so that we can have a and disability. These crimes tear at the fabric together to eliminate the underlying prejudices Federal backstop to stop the killing of our society and insidiously erode our prin- which kindle the hatred inherent in these and to stop the hate. ciples of tolerance and diversity. Before this crimes. We must also give our prosecutors the Mr. CONYERS. Mr. Speaker, reclaim- Congress adjourns for the year, we must send ing my time, this measure continues laws and resources they need to properly a loud message that the safety of all people bring justice to the victims. Let me say again, the great struggle for equal justice of is paramount and anyone who commits a hate crimes do not just victimize a person, all Americans that started in the 1930s crime based on bigotry and hate will be pros- they also terrorize a community. That is why with the anti-lynch laws. It has been ecuted to the fullest extent of the law. they deserve recognition in the law for what refined, it has been expanded, it has I don't want to be the one to explain to they areÐcrimes that victimize a community. had a constitutional basis that has Ricky Byrdsong's widow that he did not de- We must also be cognizant of protecting all been very deeply rooted, and I urge and serve protection because he was killed walk- vulnerable groups. Gender, sexual orientation, thank all of the Members who will sup- ing outside of his house rather than while he and disability should be included along with port this motion to instruct. was engaged in a ``federally protected activ- race, color, religion, and national origin as Mr. POMEROY. Mr. Speaker, I rise in sup- ity.'' And I don't want to be the person who human characteristics which are subject to port of the Conyers motion to instruct con- has to explain to the family of Matthew hate crimes and attacks and should receive ferees on the Defense Authorization bill. This Shepard why this Congress was unable to the same federal protections. motion would direct conferees to agree to the pass tougher laws that punish people who I ask that you support Congressman CON- federal hate crimes provision contained in the commit crimes based on sexual orientation. YERS' motion to instruct conferees to include Senate version of this bill. This provision pre- The Byrdsong and Shepard families are not the Hate Crimes Act in the Defense Authoriza- serves the principle of federalism while recog- alone. For every high profile, heinous hate tion bill. nizing the national imperative to prevent vio- crime that makes it to the forefront of our na- Mr. BARR of Georgia. Mr. Speaker, I stand lent crimes motivated by prejudice. tional consciousness, hundreds and thousands before you today to oppose Representative The Hate Crimes Prevention Act (HCPA) of nameless victims and families have been CONYERS' motion to instruct which purports to would provide new protections for individuals targeted simply because of their gender, sex- include the Kennedy hate crime language in who are victims of violent crimes solely be- ual orientation and disability. H.R. 4205. cause of who they are. Specifically, it would Since 1991, 60,000 hate crimes have been So-called ``hate crimes'' legislation is dis- strengthen the existing definition of a federal reported to the FBI and in 1998 alone, there criminatory on its face. In a nutshell, such leg- hate crime to include crimes motivated by the were close to 8,000 hate crimes reported, al- islation treats crimes against certain classes of victim's gender, sexual orientation, or dis- most one every hour. Many argue that hate persons more severely than those same ability. I believe that this legislation would in- crimes cannot be separated from other crimes. crimes if they were committed against another crease public education and awareness of This is just untrue. Hate crimes are violence class of persons. This is clearly not ``equal jus- these crimes, encourage more victims to come targeted at individuals simply because of who tice under the law.'' September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7541 All crimes are crimes of hate. Whenever a Frelinghuysen LoBiondo Rodriguez Pease Schaffer Taylor (MS) Frost Lofgren Roemer Peterson (MN) Sensenbrenner Taylor (NC) person harms another, there is hate. Should Gallegly Lowey Ros-Lehtinen Peterson (PA) Sessions Terry we enact federal legislation to punish hate di- Gejdenson Luther Rothman Petri Shadegg Thomas rected towards one person more severely than Gephardt Maloney (CT) Roukema Phelps Sherwood Thornberry hate directed against another, merely because Gibbons Maloney (NY) Roybal-Allard Pickering Shows Thune Gillmor Markey Rush Pitts Shuster Tiahrt of the victim's classification? I do not believe Gilman Mascara Sabo Pombo Simpson Toomey so. Gonzalez Matsui Sanchez Portman Skeen Traficant Under our present laws, the killers of James Gordon McCarthy (MO) Sanders Pryce (OH) Smith (MI) Vitter Green (TX) McCarthy (NY) Sandlin Radanovich Smith (TX) Walden Byrd and Matthew Shepard (crimes which Greenwood McCollum Sawyer Ramstad Souder Wamp would have fallen under the Kennedy hate Gutierrez McCrery Saxton Riley Spence Watkins crimes provision) were severely punished for Hall (OH) McDermott Schakowsky Rogan Stearns Watts (OK) their illegal and gruesome crimes. James Hastings (FL) McGovern Scott Rogers Stenholm Weldon (FL) Hill (IN) McKinney Serrano Rohrabacher Stump Weldon (PA) Byrd's killer was sentenced to death, and Mat- Hilliard McNulty Shaw Royce Sununu Whitfield thew Shepard's killer was sentenced to two Hinchey Meehan Shays Ryan (WI) Sweeney Wicker life sentences without the possibility of parole. Hinojosa Meek (FL) Sherman Ryun (KS) Talent Wilson Hoeffel Meeks (NY) Shimkus Salmon Tancredo Wolf These and other heinous crimes are pros- Holden Menendez Sisisky Sanford Tanner Young (AK) ecuted, and the perpetrators punished; under Holt Millender- Skelton Scarborough Tauzin Young (FL) Hooley McDonald Slaughter existing laws. People who commit such crimes NOT VOTING—9 are not going unpunished. Current federal and Horn Miller, George Smith (NJ) Houghton Minge Smith (WA) Campbell Franks (NJ) Lazio state laws are effective, and they are being Hoyer Mink Snyder Engel Gilchrest Reynolds used. There is no void here that new, ``hate'' Inslee Moakley Spratt Eshoo Klink Vento legislation is needed to fill. Moreover, the ef- Jackson (IL) Mollohan Stabenow Jackson-Lee Moore Stark b 1631 fect of this legislation, were it to be enacted, (TX) Moran (VA) Strickland might have the opposite effect to that intended Jefferson Morella Stupak Mr. BLILEY changed his vote from by its proponents. By making the prosecutor's Johnson (CT) Murtha Tauscher ‘‘yea’’ to ‘‘nay.’’ job more complex, and forcing prosecutors to Johnson, E.B. Nadler Thompson (CA) Mr. CLYBURN changed his vote from Jones (OH) Napolitano Thompson (MS) ‘‘nay’’ to ‘‘yea.’’ prove additional elements of a ``hate'' offense, Kanjorski Neal Thurman and not defining adequately the terms in these Kaptur Oberstar Tierney So the motion to instruct was agreed laws, such prosecutions would be rendered Kelly Obey Towns to. Kennedy Olver Turner The result of the vote was announced more difficult than prosecutions under current Kildee Ortiz Udall (CO) laws. Kilpatrick Owens Udall (NM) as above recorded. However, this deficiency apparently won't Kind (WI) Pallone Upton A motion to reconsider was laid on slow down the political agenda at work here. Kleczka Pascrell Velazquez the table. Kolbe Pastor Visclosky Stated against: Including this bill in the Defense Reauthor- Kucinich Payne Walsh ization bill would clearly be putting the value of Kuykendall Pelosi Waters Mr. CAMPBELL. Mr. Speaker, I regret that one life over and above another. Let us not LaFalce Pickett Watt (NC) I was not present for rollcall vote No. 471 be- LaHood Pomeroy Waxman cause I was unavoidably detained. Had I been send that type of signal to our citizens. All life Lampson Porter Weiner is valuable and should be protected, equally. Lantos Price (NC) Weller present, I would have voted ``no.'' Vote no on Representative JOHN CONYERS' Larson Quinn Wexler f motion to instruct. LaTourette Rahall Weygand Leach Rangel Wise COMMUNICATION FROM THE HON- The SPEAKER pro tempore. Without Lee Regula Woolsey ORABLE MATTHEW G. MAR- objection, the previous question is or- Levin Reyes Wu TINEZ, MEMBER OF CONGRESS dered on the motion. Lewis (GA) Rivers Wynn There was no objection. The SPEAKER pro tempore (Mr. NAYS—192 The SPEAKER pro tempore. The SIMPSON) laid before the House the fol- question is on the motion to instruct Aderholt Cunningham Hutchinson lowing communication from the Honor- Archer Davis (VA) Hyde offered by the gentleman from Michi- able MATTHEW G. MARTINEZ, Member of Armey Deal Isakson Congress: gan (Mr. CONYERS). Bachus DeLay Istook The question was taken; and the Baker DeMint Jenkins CONGRESS OF THE UNITED STATES, Ballenger Dickey John Speaker pro tempore announced that HOUSE OF REPRESENTATIVES, Barcia Doolittle Johnson, Sam Washington, DC, July 27, 2000. the ayes appeared to have it. Barr Dreier Jones (NC) Hon. JEFF TRANDAHL, Mr. HUTCHINSON. Mr. Speaker, on Barrett (NE) Duncan Kasich Bartlett Dunn King (NY) Clerk, U.S. House of Representatives, H–154, that I demand the yeas and nays. Barton Ehlers Kingston Capitol, Washington, DC. The yeas and nays were ordered. Bereuter Ehrlich Knollenberg DEAR MR. TRANDAHL: Effective July 26, The vote was taken by electronic de- Berry Emerson Largent 2000, please change my party designation on vice, and there were—yeas 232, nays Bilirakis Everett Latham your official records and databases to ‘‘RE- Bliley Ewing Lewis (CA) 192, not voting 9, as follows: PUBLICAN.’’ Blunt Fletcher Lewis (KY) Your assistance is appreciated. [Roll No. 471] Boehner Fossella Linder Bonilla Fowler Lipinski Sincerely, YEAS—232 Boyd Ganske Lucas (KY) MATTHEW G. MARTINEZ, Abercrombie Boswell DeFazio Brady (TX) Gekas Lucas (OK) Member of Congress. Ackerman Boucher DeGette Bryant Goode Manzullo f Allen Brady (PA) Delahunt Burr Goodlatte Martinez Andrews Brown (FL) DeLauro Burton Goodling McHugh COMMUNICATION FROM THE HON- Baca Brown (OH) Deutsch Buyer Goss McInnis ORABLE MARTIN FROST, CHAIR- Baird Capps Diaz-Balart Callahan Graham McIntosh Baldacci Capuano Dicks Calvert Granger McIntyre MAN, DEMOCRATIC CAUCUS Baldwin Cardin Dingell Camp Green (WI) McKeon The SPEAKER pro tempore laid be- Barrett (WI) Carson Dixon Canady Gutknecht Metcalf Bass Castle Doggett Cannon Hall (TX) Mica fore the House the following commu- Becerra Clay Dooley Chabot Hansen Miller (FL) nication from the Honorable MARTIN Bentsen Clayton Doyle Chambliss Hastings (WA) Miller, Gary FROST, Chairman of the Democratic Berkley Clement Edwards Chenoweth-Hage Hayes Moran (KS) Berman Clyburn English Coble Hayworth Myrick Caucus: Biggert Condit Etheridge Coburn Hefley Nethercutt DEMOCRATIC CAUCUS, Bilbray Conyers Evans Collins Herger Ney HOUSE OF REPRESENTATIVES, Bishop Costello Farr Combest Hill (MT) Northup September 13, 2000. Blagojevich Coyne Fattah Cook Hilleary Norwood Hon. DENNIS HASTERT, Blumenauer Crowley Filner Cooksey Hobson Nussle Boehlert Cummings Foley Cox Hoekstra Ose Speaker, House of Representatives, Bonior Danner Forbes Cramer Hostettler Oxley Washington, DC. Bono Davis (FL) Ford Crane Hulshof Packard DEAR MR. SPEAKER: This is to notify you Borski Davis (IL) Frank (MA) Cubin Hunter Paul that the Honorable Matthew Martinez of H7542 CONGRESSIONAL RECORD — HOUSE September 13, 2000 California has resigned as a Member of the Mr. MARTINEZ. Mr. Speaker, on tration to develop a transition direc- Democratic Caucus. July 26, 2000, I participated in the tory. This directory would be a com- Sincerely, House Republican Conference as a Re- pilation of Federal publications supple- MARTIN FROST, publican. mentary material that would provide a Chairman. The next day I asked the Clerk of the new presidential appointees with a f House to change my party designation manual of information about the orga- COMMUNICATION FROM THE on his official records and database to nization, statutory and administrative SPEAKER Republican. authorities, functions and duties of The SPEAKER pro tempore laid be- I have also notified the chairman of each department and agency in the Ex- fore the House the following commu- the Democratic Caucus of my resigna- ecutive Branch. H.R. 4931, which we are nication from the Speaker of the House tion of the caucus and my desire to be considering today, includes those Sen- of Representatives: a member of the Republican con- ate amendments. Over the years, there have been many OFFICE OF THE SPEAKER, ference. examples of missteps and outright mis- U.S. HOUSE OF REPRESENTATIVES, Mr. Speaker, I ask unanimous con- Washington, DC, September 13, 2000. sent that all records of the House as of takes made by newly appointed offi- Hon. WILLIAM F. GOODLING, July 26, 2000, reflect my voting status cials in the White House. Those errors Chairman, Committee on Education and the as a Republican. could have been avoided if the officials Workforce, U.S. House of Representatives, The SPEAKER pro tempore. Is there had more fully understood the scope of Washington, DC. objection to the request of the gen- their responsibilities. DEAR MR. CHAIRMAN: This is to advise you tleman from California? H.R. 3137 would set a time frame and that Representative Matthew G. Martinez’s authorize the funds for that necessary election to the Committee on Education and There was no objection. the Workforce has been automatically va- f training and orientation. cated pursuant to clause 5(b) of rule X effec- I urge my colleagues to support this tive today. PRESIDENTIAL TRANSITION ACT bill just as they supported its prede- Sincerely, OF 2000 cessor, H.R. 4931. It is an important J. DENNIS HASTERT, Mr. HORN. Mr. Speaker, I ask unani- step toward ensuring that a new ad- Speaker of the House. mous consent that the Committee on ministration, regardless of party affili- f Government Reform be discharged ation, starts off on the right foot. Mr. TURNER. Mr. Speaker, further COMMUNICATION FROM THE from the further consideration of the bill (H.R. 4931) to provide for the train- reserving the right to object, I want to SPEAKER rise and join with the gentleman from The SPEAKER pro tempore laid be- ing or orientation of individuals, dur- ing a Presidential transition, who the California (Mr. HORN) in strong support fore the House the following commu- of this legislation, H.R. 4931, and urge nication from the Speaker of the House President intends to appoint to certain key positions, to provide for a study its adoption. of Representatives: I want to commend the gentleman and report on improving the financial OFFICE OF THE SPEAKER, from California (Chairman HORN) and disclosure process for certain Presi- U.S. HOUSE OF REPRESENTATIVES, the gentleman from Indiana (Mr. BUR- dential nominees, and for other pur- Washington, DC, September 13, 2000. TON) and the gentleman from Cali- poses, and ask for its immediate con- Hon. BENJAMIN A. GILMAN, fornia (Mr. WAXMAN), ranking member, Chairman, Committee on International Rela- sideration in the House. who have all focused on this bill and to tions, U.S. House of Representatives, Wash- The Clerk read the title of the bill. be sure that it is brought before this ington, DC. The SPEAKER pro tempore. Is there House today and becomes law before a DEAR MR. CHAIRMAN: This is to advise you objection to the request of the gen- that Representative Matthew G. Martinez’s new administration occupies the White tleman from California? election to the Committee on International House. Relations has been automatically vacated Mr. TURNER. Mr. Speaker, reserving The Presidential Transition Act pursuant to clause 5(b) of rule X effective the right to object, and I do not plan to would amend the Presidential Transi- today. object, but I yield to the gentleman tion Act of 1963 to authorize the use of Sincerely, from California (Mr. HORN) for a brief transition funds for the purpose of pro- J. DENNIS HASTERT, explanation of the bill. viding orientations for individuals that Speaker of the House. Mr. HORN. Mr. Speaker, I thank the f the President-elect plans to nominate gentleman from Texas for yielding to to top White House positions, including ANNOUNCEMENT BY THE SPEAKER me. Mr. Speaker, the ranking member cabinet positions. PRO TEMPORE has been just inestimable in terms of The bill would probably affect 20 to all the help he has provided us on this The SPEAKER pro tempore. Pursu- maybe 40 political appointments in the ant to the foregoing communications, and other pieces of legislation. White House. It is designed to give the party affiliation of Representative Mr. Speaker, H.R. 4931, the Presi- greater assurance that the orientation dential Transition Act of 2000, rep- MARTINEZ has been switched for infor- process would take place shortly after mational voting record purposes and resents a bipartisan effort to update the incoming administration assumes his committee memberships have been the Presidential Transition Act of 1963. office or preferably before they assume vacated. H.R. 4931 would allow transition funds office. Had the foregoing communication of to be used for a formal training and This orientation will provide a July 27, 2000, from Representative MAR- orientation process for incoming ap- smoother transition for a new adminis- TINEZ to the Clerk been laid before the pointees to senior administration posi- tration, eliminating mistakes, and en- House at that time, the party affili- tions, including cabinet members. suring that the Federal Government ation for voting informational purposes On November 2, 1999, the House will continue to function at a high would have been changed or, as has passed a bill with similar provisions, level. been the case in the past, the process H.R. 3137, by a voice vote under suspen- Our subcommittee heard testimony would have been timely noticed in sion of the rules. from distinguished witnesses who advo- writing to the chairman of the Demo- On June 8, 2000, Senator FRED THOMP- cated the adoption of this new provi- cratic Caucus who, in turn, would no- SON from Tennessee introduced a com- sion for orientation programs for in- tify the Speaker by letter pursuant to panion bill, S. 2705, the Presidential coming members of a new administra- clause 5(b) of rule X. Transition Act of 2000. The Senator tion. Witnesses such as Elliot Richard- f added some well thought out provisions son, former Attorney General to Presi- that call for study and proposals to im- dent Nixon; the Honorable Lee White, HONORABLE MATTHEW MARTINEZ prove the financial disclosure process the former Assistant Counsel to Presi- JOINS REPUBLICAN CONFERENCE for presidential nominees. dent Kennedy and counsel to President (Mr. MARTINEZ asked and was given In addition, the changes made in the Johnson, shared the unique perspective permission to address the House for 1 Senate bill would require the admin- that they have regarding the critical minute.) ister of the General Services Adminis- nature of this transition period. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7543 There is no question that whoever is ‘‘(9)(A) Notwithstanding subsection (b), de- There was no objection. elected as the next President of the velopment of a transition directory by the f United States must be ready and pre- Administrator of General Services Adminis- SPECIAL ORDERS pared to go to work on the morning of tration, in consultation with the Archivist of the United States (head of the National Ar- The SPEAKER pro tempore (Mr. November 8. That period between No- chives and Records Administration) for ac- SHERWOOD). Under the Speaker’s an- vember 8 and inauguration is, indeed, a tivities conducted under paragraph (8). very critical period of time, not only ‘‘(B) The transition directory shall be a nounced policy of January 6, 1999, and for the new administration, but for the compilation of Federal publications and ma- under a previous order of the House, country as a whole. terials with supplementary materials devel- the following Members will be recog- So I am pleased to join with the gen- oped by the Administrator that provides in- nized for 5 minutes each. tleman from California (Chairman formation on the officers, organization, and f statutory and administrative authorities, HORN) today in urging that this bill be functions, duties, responsibilities, and mis- RURAL HEALTH CARE adopted. It is noncontroversial. It is bi- sion of each department and agency. The SPEAKER pro tempore. Under a partisan. We have introduced it today ‘‘(10)(A) Notwithstanding subsection (b), previous order of the House, the gen- and move that it be adopted by unani- consultation by the Administrator with any tleman from South Dakota (Mr. mous consent. candidate for President or Vice President to THUNE) is recognized for 5 minutes. develop a systems architecture plan for the Even though we passed the bill on Mr. THUNE. Mr. Speaker, when I was the floor of this House, we have now in- computer and communications systems of the candidate to coordinate a transition to back in South Dakota over the August corporated changes suggested by our recess, I traveled around the State vis- colleagues in the Senate. I urge that Federal systems, if the candidate is elected. ‘‘(B) Consultations under this paragraph iting rural hospitals, clinics and nurs- we adopt it today. shall be conducted at the discretion of the ing homes. I wanted to get a first-hand Mr. Speaker, I withdraw my reserva- Administrator.’’. look at some of the challenges that are tion of objection. SEC. 3. REPORT ON IMPROVING THE FINANCIAL being faced by rural health care pro- The SPEAKER pro tempore. Is there DISCLOSURE PROCESS FOR PRESI- viders. I also learned about some of the objection to the request of the gen- DENTIAL NOMINEES. successes that we have been having. tleman from California? (a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the I represent the entire State of South There was no objection. Dakota. That is 66 counties and 77,000 The Clerk read the bill, as follows: Office of Government Ethics shall conduct a study and submit a report on improvements square miles made up primarily of H.R. 4931 to the financial disclosure process for Presi- farmland and grassland. When the citi- Be it enacted by the Senate and House of Rep- dential nominees required to file reports zens of South Dakota need access to a resentatives of the United States of America in under section 101(b) of the Ethics in Govern- health care provider, it is not uncom- Congress assembled, ment Act of 1978 (5 U.S.C. App.) to the Com- mon for them to drive 100 miles just to SECTION 1. SHORT TITLE. mittee on Governmental Affairs of the Sen- make a regular appointment. This Act may be cited as the ‘‘Presidential ate and the Committee on Government Re- Distance really affects how people Transition Act of 2000’’. form of the House of Representatives. (b) CONTENT OF REPORT.— get health care in South Dakota. If SEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSI- (1) IN GENERAL.—The report under this sec- one’s elderly mother needs to see the TION ACT OF 1963. doctor, one may need to take off work Section 3(a) of the Presidential Transition tion shall include recommendations and leg- Act of 1963 (3 U.S.C. 102 note) is amended— islative proposals on— and make sure the kids are taken care (1) in the matter preceding paragraph (1) (A) streamlining, standardizing, and co- of while one spends all day traveling by striking ‘‘including—’’ and inserting ‘‘in- ordinating the financial disclosure process back and forth only to spend 20 min- cluding the following:’’; and the requirements of financial disclosure utes with a physician. That is when the (2) in each of paragraphs (1) through (6) by reports under the Ethics in Government Act weather is good. When the weather is of 1978 (5 U.S.C. App.) for Presidential nomi- striking the semicolon at the end and insert- bad with the snow and the wind, that ing a period; and nees; (B) avoiding duplication of effort and re- trip is just not possible. One’s mother (3) by adding at the end the following: would have to make another appoint- ‘‘(8)(A)(i) Not withstanding subsection (b), ducing the burden of filing with respect to fi- payment of expenses during the transition nancial disclosure of information to the ment several days later and wait to get for briefings, workshops, or other activities White House Office, the Office of Govern- the medical care she needs. ment Ethics, and the Senate; and to acquaint key prospective Presidential ap- b 1645 pointees with the types of problems and (C) any other relevant matter the Office of challenges that most typically confront new Government Ethics determines appropriate. But in times of tragedy or emer- political appointees when they make the (2) LIMITATION RELATING TO CONFLICTS OF gency, rural residents do not have that transition from campaign and other prior ac- INTEREST.—The recommendations and pro- luxury. Take, for instance, the example tivities to assuming the responsibility for posals under this subsection shall not (if im- of the farmer working in the field. plemented) have the effect of lessening sub- governance after inauguration. Farm equipment accidents injure and ‘‘(ii) Activities under this paragraph may stantive compliance with any conflict of in- terest requirement. kill rural residents every year. When include interchange between such appointees the accident happens, the victims need and individuals who— (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) held similar leadership roles in prior There are authorized to be appropriated such medical attention and they need it administrations; sums as may be necessary to carry out this quickly. If they can get the expert ‘‘(II) are department or agency experts section. trauma care in their hometown clinic, from the Office of Management and Budget The bill was ordered to be engrossed there is a much better chance of sur- or an Office of Inspector General of a depart- and read a third time, was read the vival. If they cannot get access to the ment or agency; or third time, and passed, and a motion to appropriate professionals close by, they ‘‘(III) are relevant staff from the General reconsider was laid on the table. would have to drive several hours to Accounting Office. f get to a large medical center. Chances ‘‘(iii) Activities under this paragraph may of a good outcome are much lower. include training or orientation in records GENERAL LEAVE management to comply with section 2203 of The health care professionals in my title 44, United States Code, including train- Mr. MCNULTY. Mr. Speaker, I ask State of South Dakota have been com- ing on the separation of Presidential records unanimous consent that all Members ing up with some innovative ways to and personal records to comply with sub- may have 5 legislative days within deal with the distance problem. They section (b) of that section. which to revise and extend their re- have been using technology to bring ‘‘(iv) Activities under this paragraph may marks on and to include extraneous patients and doctors together. They include training or orientation in human re- material on the special order of the call this breakthrough ‘‘telehealth.’’ sources management and performance-based gentleman from California (Mr. FARR) Telehealth is a method of health care management. on the subject of the 150th anniversary delivery that was at, one time, a new ‘‘(B) Activities under this paragraph shall be conducted primarily for individuals the of the State of California. concept in health care, a theoretical President-elect intends to nominate as de- The SPEAKER pro tempore. Is there way to connect people with providers. partment heads or appoint to key positions objection to the request of the gen- But telehealth is no longer an experi- in the Executive Office of the President. tleman from New York? ment. This is a service being used H7544 CONGRESSIONAL RECORD — HOUSE September 13, 2000 every day in rural areas across this needs to determine what kind of care blocked reform, refusing to act on com- country. they receive. mon sense gun safety proposals like I saw some of the most amazing Now, I realize that telehealth is just those that the gentlewoman from New things our health care providers are one piece of the health care puzzle. York (Mrs. MCCARTHY) and I are spon- doing with telehealth technology. Lung There are many other aspects of the soring here in the House of Representa- specialists in Sioux Falls are using Medicare law that need to be revisited. tives. electronic stethoscopes to treat pa- Rural hospitals, clinics, and nursing On August 26, I was joined by my col- tients with pneumonia who live in homes are reeling from the effects of league and good friend, the gentle- Flandreau. Flandreau is a town with the Balanced Budget Act. woman from New York (Mrs. MCCAR- just over 2,000 people. They cannot get Last year, Congress provided some THY), for a public meeting in to see a specialist like that unless they initial relief with the Balanced Budget Plainsboro, New Jersey. The gentle- travel or the specialist travels to them. Refinement Act. That was the first woman from New York (Mrs. MCCAR- That is pretty expensive when they step toward helping our rural health THY) and I were joined at that event by start adding up gasoline and loss of providers deliver the kind of care our 66 families who once again called on productivity due to time on the road. citizens deserve. this body to act on sensible gun safety They are also using telehealth to pro- Now we are poised to take another legislation. vide health care on American Indian step. As my colleagues know, members Mr. Speaker, I would like to read reservations. The Pine Ridge Reserva- of the Committee on Commerce and into the RECORD a letter to the gen- tion, which sits in the Nation’s poorest the Committee on Ways and Means are tleman from Illinois (Mr. HASTERT), county per capita, is over 130 miles now considering a legislative package the Speaker of the House, signed by the from the area’s main medical center in that would further refine the BBA. gentlewoman from New York (Mrs. Rapid City. Many residents of Pine Part of that refinement needs to in- MCCARTHY), myself, and 66 families Ridge deal with depression. They would clude telehealth services. Congress un- who joined us in Plainsboro, which I like to see a mental health professional derstood the potential of this tech- will personally deliver to the Speaker but have to wait 3 months to get an ap- nology 3 years ago. It is time to reduce this evening. pointment. But using two-way inter- those barriers that keep it from being active video cameras, they can now used effectively. MR. SPEAKER, as concerned citizens of the have access to these professionals and I urge the members of the committee State of New Jersey, we are writing to re- get timely and appropriate care. to include the provisions of my legisla- quest your immediate assistance in having Those are just some of the ways that tion in their add-back bill. Congress Congress consider gun safety legislation be- fore Congress adjourns for the year. patients are getting the care that they has made a commitment to modernize need. It is clear that telehealth serv- Medicare, and reimbursing for tele- As you know, in June of 1999, following the tragic murders at Columbine High School in ices have become critical for these pa- health services is one way to do that. Littleton, Colorado, Congress considered a tients and the providers who care for f package of juvenile justice proposals. When them. But this kind of care is expen- MILLION MOM MARCH AND this legislation was considered in the Senate, sive. an amendment by Senator FRANK LAUTEN- COMMON SENSE GUN SAFETY Currently, hospitals are using grants BERG was attached that would close the dan- to fund these services. Grants are lim- The SPEAKER pro tempore (Mr. gerous gun show loophole, ban the importa- ited and do not last forever. When the SHERWOOD). Under a previous order of tion of high-capacity ammunition maga- grants dry up, patients will have to go the House, the gentleman from New zines, and mandate the use of child safety locks on firearms. back to the old ways of doing things. Jersey (Mr. HOLT) is recognized for 5 What is needed is a more permanent minutes. These three proposals, which have been in- Mr. HOLT. Mr. Speaker, the clock is troduced in the House of Representatives, method of paying for these services, are mainstream, common sense measures and that is where Medicare comes in. ticking. The clock is ticking and this that polls show are supported by a large bi- Back in 1997, Congress authorized Congress has yet to hear the message partisan majority of the public. While we in several telehealth demonstration delivered by the one million mothers New Jersey do not have gun shows, other projects to study the impact of tele- on May 14 of this year. States do. That undermines our gun safety health on health care access, quality, An extraordinary thing happened laws because they allow criminals to buy and cost. The projects have shown that this past Mother’s Day when so many dangerous firearms without background telehealth promotes better access and New Jerseyans joined families from all checks, waiting periods or identification at quality and could be used to provide over the United States in the ‘‘Million these shows. A law mandating child safety Mom March’’ here in Washington. locks, if enacted, could save the lives of hun- both primary and specialty care at a dreds of young Americans. reasonable cost. Given the success of Now, all of us know it, Mr. Speaker. Over the last years, our Nation has Many of us visited Washington, D.C., as telehealth, it is now time for Medicare part of the ‘‘Million Mom March’’ this to begin paying for these services. been shaken deeply by incidents of gun Spring. But Medicare has created reimburse- violence. All of us were floored by the ment policies that have had the effect tragedy in a Michigan elementary And, I might add, I made that trip by of excluding these services to those pa- school where a 6-year-old child, a child bus from New Jersey, too. tients who would derive the most ben- who had not yet learned to read, had In the many weeks since that watershed efit from them, seniors who are often learned how to kill with a handgun. event, attended by thousands of Americans unable to travel long distances for di- That was just the latest in a long from all parts of the Nation and all walks of rect health care. line of gun-related tragedies. We know life, no effort has been made to bring the Ju- I thought Medicare was put in place the litany. Columbine, West Paducah, venile Justice legislation back before the to help our senior citizens get the care Jonesboro, Conyers, and in too many House. In fact, these measures have re- mained bottled up with delay tactics and they need. But that is not the case other communities across America. parliamentary maneuvering. Now, as less with telehealth services. Medicare cov- These have been matched by countless than 20 days remain in the scheduled legisla- ered only six percent of all telehealth other gun tragedies less public but no tive session, the need for leadership and ac- visits in 1999 clearly when Congress in- less tragic for their families and their tion on this issue is greater than ever. tended that Medicare would pay a little communities all across the Nation. Stemming the tide of gun violence is an bit more for these critical services. In school yards, what would have a issue of deep importance to us and to our Na- With these facts in mind, I intro- generation ago been a fist fight now be- tion. Now is the time for our leaders in duced H.R. 4841, the Medicare Access to comes a blood bath. Since these trage- Washington to roll up their sleeves, not sit Telehealth Services Act of 2000. This dies, citizens all across my State of on their hands. We urge you in the strongest bill tries to eliminate some of the re- New Jersey have called louder than possible terms to use your influence as the highest ranking Member of the House of Rep- imbursement barriers that prevent hos- ever for passage of stricter gun safety resentatives to bring immediately these leg- pitals from providing these services laws. But despite the outcry, a few islative proposals back before the Congress and seniors from accessing them. It is politicians in Congress here in Wash- so that they can be sent to the President for no longer the case that where they live ington have stood in the doorway, have his signature. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7545 ‘‘Respectfully,’’ and it is signed by 66 Ms. NORTON. Mr. Speaker, there is Because about the worst thing that can family members from central New Jer- an issue of great potency brewing in happen in our society is that people be- sey. the African American community such lieve that criminal justice does not Mr. Speaker, I include the letter for that I feel compelled to bring it to the have justice. And it is very hard for me the RECORD: attention of this body. to believe that there is justice in the August 26, 2000. Like other Americans, African Amer- system when the disparities are as Hon. J. DENNIS HASTERT, icans are animated by the same issues. huge as this. Speaker of the House, Education is at the top of the list. And b 1700 U.S. Capitol, Washington, DC. of course, there is a Patients’ Bill of DEAR MR. SPEAKER: As concerned citizens Obviously, most African Americans of the State of New Jersey, we are writing to Rights and preserving Social Security request your immediate assistance in having and Medicare. play by the rules. So when you do not Congress consider gun safety legislation be- But what amazes me from the data know whether playing by the rules will fore it adjourns for the year. and, anecdotally, when looking at get you pulled over or not, particularly As you know, in June of 1999, following the black publications in my own district, if you are a young black man, the tragic murders at Columbine High School in is a surprising issue that has greater stereotypic person to pull over, the Littleton, Colorado, Congress considered a interest and intensity than others; and rage of a loss of confidence that you package of Juvenile Justice proposals. When that issue is racial profiling and police this legislation was considered in the Senate, are operating in a fair system becomes an amendment by Senator Frank Lautenberg brutality. very great. was attached that would close the dangerous This is most interesting because the This is an issue for us all. This is an gun show loophole, ban the importation of African American community has em- issue we can eliminate simply by first high-capacity ammunition magazines and braced police because there was such studying it and coming to understand mandate the use of child safety locks on fire- high crime, especially in the early what its causes are. H.R. 118 does not arms. 1990’s. Crime is down 10 percent now ask this body to take specific steps These three proposals, which have also from last year, 34 percent over the last now. We need to know what is hap- been introduced in the House of Representa- few years; and yet there is this intense tives, are mainstream, common sense meas- pening and why it is happening. If, in ures that polls show are supported by a hostility based on what is happening fact, black Americans see that we do large, bipartisan majority of the public. particularly to black men but also to not care enough even to find out why While we in New Jersey don’t have gun black women. these disparities exist, I think we are shows, other states do. That undermines our If one has raised a boy the way that sending a horrific message, especially gun safety laws because they allow criminals I have so that he gets to go to college, now as people get ready to go to the to buy dangerous firearms without back- graduates in 4 years, has a good job, it polls. They want to see whether or not ground checks, waiting periods or identifica- does not make a dime’s worth of dif- something can be done. I am not ask- tion at these shows. A law mandating child ference if he is driving down a road and ing that something be done during this safety locks, if enacted, could save the lives there is a sense that who he ought to of hundreds of young Americans. session. I do believe that during this Many of us visited Washington D.C. as part pull over are black people rather than session we have to start the ball rolling of the ‘‘Million Mom March’’ this Spring. In others. so that we can know what, if anything, So that, if we look at Interstate 95, the many weeks since that watershed event, we can do about these very telling sta- where 17 percent of the drivers are Af- attended by thousands of Americans from all tistics. parts of the nation and all walks of life, no rican-Americans, 56 percent of those f effort has been made to bring the Juvenile searched are black; or let us look at Justice legislation back before Congress. In California in a 1997 study that showed A TRADITIONAL EDUCATION IS fact, these measures have remained bottled that only 2 percent of 3,400 drivers THE BEST EDUCATION up with delay tactics and parliamentary ma- stopped yielded contraband; or a recent The SPEAKER pro tempore (Mr. neuvering. Now, as less than twenty days re- study of racial profiling on I–95 here in main in the scheduled legislative session, the SHERWOOD). Under a previous order of need for leadership and action on this issue the East, about 17 percent of those who the House, the gentleman from Ten- drive along I–95 are African Americans is greater than ever. nessee (Mr. DUNCAN) is recognized for 5 but they represented 60 percent of the Stemming the tide of gun violence is an minutes. issue of deep importance to us, and to our drivers searched in 1999. Mr. DUNCAN. Mr. Speaker, I rise nation. Now is the time for our leaders in Something is wrong with those fig- Washington to roll up their sleeves, not sit ures. And it has now penetrated deep in today to speak briefly on two or three on their hands. We urge you in the strongest the African American community and important topics or issues in edu- possible terms to use your influence as the it knows no class bounds. The richest cation. First, we have done a more highest-ranking member of the House of and most middle-class African Ameri- than adequate job in bringing down Representatives to immediately bring these class sizes in most places around the legislative proposals back before Congress, cans know that there is no difference to a police officer who is looking for country. What we really need to work so that they can be sent to the President for on now is bringing down the size of his signature. black people between a youngster that Respectfully, has done all he should do and somebody schools. Signed by 66 New Jersey citizens. who may, in fact, be carrying drugs. At very large schools, some young Mr. Speaker, every school I visit, What amounts to a loss in the crimi- people feel like they are little more every PTA meeting that I attend, nal justice system has occurred than numbers. Most kids can handle every classroom that I teach in, kids, throughout the African American com- this all right, but some feel that they moms and dads, in fact nearly everyone munity where so many young African have to resort to extreme, kooky, I talk with in New Jersey, tells me it is American men are caught up in the weird or, unfortunately at times, even high time that Congress take action to first place. We need to have that com- dangerous behavior to get noticed. keep guns out of the hands of kids and munity where we had it when they At small schools, young people have criminals. began to embrace police in the 1980s, a better chance to make a sports team Mr. Speaker, the time has come for and we are losing them. or serve on the student council or be- Republicans, Democrats, and Independ- This body apparently had some rec- come a cheerleader or stand out in ents to join together to pass these com- ognition because under the present ma- some way. Young people today would mon sense gun safety measures. jority, H.R. 1443, which was a bill spon- be better off going to a school in an f sored by the gentleman from Michigan older building, but in a school where (Mr. CONYERS) was indeed passed in they did not feel so anonymous. RACIAL PROFILING AND POLICE 1998, which allows the collection of cer- I read a couple of years ago that the BRUTALITY tain kinds of information about traffic largest high school in New York City The SPEAKER pro tempore. Under a stops. This body passed it. It was sent had 3,500 students; and then they made previous order of the House, the gentle- to the Senate. The Senate Committee the wise decision to break it up into woman from the District of Columbia on the Judiciary never acted on it. five separate schools and their drug (Ms. NORTON) is recognized for 5 min- We need to pass this bill again. It is and discipline problems went way utes. now called H.R. 118. We need to pass it. down. H7546 CONGRESSIONAL RECORD — HOUSE September 13, 2000 The gentleman from Indiana (Mr. the basics, especially in elementary care. Private insurance plan HMOs, HILL) and I, on a bipartisan basis, in- and middle school. He said we still need their loyalty is to the bottom line. troduced a bill to set up a special pro- to teach reading and writing and arith- How many times do we have to inter- gram within the Department of Edu- metic and history and science, and we vene when a managed care or other in- cation to give incentive grants to need to teach these things before we surer plan messes? Up how many times school systems that would establish give kids computers and then wonder do we have to intervene on behalf of programs to decrease the number of why they cannot add or subtract or our constituents before the industry’s students at any one school. We got $45 write a grammatically correct sen- loyalties become clear to us? million for this in the last omnibus ap- tence or know even basic history about The loyalty results in decisions that propriations bill, but we need to pursue their own country. This was said by a are not in the best interest of enroll- this much more aggressively. Small man who is a professor of computer ees. That loyalty is what creates the schools mean individual attention and science. need for a Patients’ Bill of Rights, individual opportunities. Gigantic Computers are not the end all of edu- which this House of Representatives schools, unfortunately, centralized cation. We need to get back to the ba- and the other body should pass and schools unfortunately, breed weird be- sics before we end up in the edu- send to the President. That loyalty, havior and even help lead to Col- cational catastrophe or disaster that the bottom line, explains why health umbine-type situations. Professor Gelernter predicted. insurers market to the healthiest indi- Secondly, Mr. Speaker, this so-called f viduals and do everything in their teacher shortage is one of the most ar- power to avoid the sick. That loyalty tificial, contrived, and easily solvable PRESCRIPTION DRUGS AND MEDICARE explains how private, managed care problems that we have in the country plans, how private insurance company today. There would be no teacher The SPEAKER pro tempore. Under a HMOs, contracting with Medicare, shortage if we removed the straight- previous order of the House, the gen- could enroll seniors one year, prom- jacket of education courses and let tleman from Ohio (Mr. BROWN) is rec- ising them all kinds of benefits, and school boards use intelligence and com- ognized for 5 minutes. unceremoniously drop them the next mon sense to hire teachers. A school Mr. BROWN of Ohio. Mr. Speaker, year; promise supplemental benefits board should be allowed to consider an the public learned something about they cannot deliver and then blame the education degree as a real plus but not presidential candidate George Bush government for problems that they cre- be restricted or harmed or hindered by last week. Actually, the word ‘‘impor- ated. tant’’ is an understatement. We it. Right now, in most places, if a per- The traditional Medicare program is learned something crucial. We learned son with a Ph.D. in chemistry and 30 different. It is universal. It is reliable. his plans for Medicare. years’ experience in the field wanted to It is accountable to the public. It has 1 Every senior citizen, every person teach, he could not do so because he to 2 percent administrative costs. with a family member covered by had not taken a few education courses. Medicare’s loyalty is to beneficiaries Medicare, every taxpayer in this coun- This is ridiculous. Right now, a person and to taxpayers. It is an undiluted try needs to understand this. George W. with a master’s degree in English and commitment. Medicare offers choice in Bush believes Medicare as we know it who had been a successful writer, say, ways that actually make a difference should be replaced by private insurance for a magazine or for newspapers for in terms of health care quality and pa- plans. That is not conjecture. It is fact. years could not be an English teacher tient satisfaction. It does not tell bene- in a public school because of not taking It is what he tells us. It is clear as day if one looks at his ficiaries which providers they can see a few education courses. This is crazy. and which providers they cannot see, Someone who had been a political prescription drug plan. The first part of like Medicare HMOs do, or provide fi- science professor at a small college for his proposal features a transitional nancial incentives to discourage proper several years and then had several program designed to give a special care, again as Medicare HMOs do, or years’ experience on Capitol Hill, for commission time to come up with a interfere with the doctor/patient rela- example, could not teach American private sector alternative to the Medi- tionship, as Medicare HMOs do. government in a public high school care program. Mr. Bush goes so far as without a required education course. to avoid the obvious. That is adding Medicare does not tell beneficiaries This is stupid and it is why we have prescription drugs to the list of health any of those things. this artificial government-induced care services and supplies that Medi- Having your choice of private health teacher shortage that we are seeing care covers. He actually advocates a plans under the Bush plan, under pri- this publicity about. transitional prescription drug program vate managed care, does not mean We could wipe out this teacher short- feature with mini-bureaucracies in much if those plans all restrict access age overnight if we would allow school each State to administer temporary to providers and erect barriers to medi- systems to hire well-qualified people prescription drug welfare programs. If cally-necessary care. Medicare offers even if they had not taken any edu- one is opposed to big government, this reliable coverage that does not come cation courses. I repeat, an education part of his proposal is their worst and go with the stock market, that degree should be considered a plus. It nightmare: 50 State bureaucracies. does not discriminate against bene- should be considered a good thing when His welfare-type program approach, ficiaries based on health status or any considering someone for a teaching job. which would cover the lowest-income other criteria. School superintendents and principals seniors only, is also sorely inadequate. So George W. Bush has decided to have enough common sense intel- Nearly half of all seniors who lack pre- join his Republican colleagues to pro- ligence and experience to hire some scription drug coverage would be left mote the privatization of Medicare, to well-qualified person to teach who has out in the cold. The first part of his end Medicare as we know it, and to degrees and experience but simply proposal may simply be ill conceived. provide a new market for private insur- lacks an education course or two. The second part is simply irrespon- ance plans. And when it comes down to Thirdly, Mr. Speaker, David sible. it and prescription drugs, whom do you Gelernter, a professor of computer Under that section, the Federal Gov- trust? Do you trust Medicare, tradi- science at Yale, said we are headed for ernment would begin to subsidize part tional Medicare, that served the public an educational catastrophe or edu- of the cost of private prescription drug well for 35 years? Do you trust Medi- cation disaster, he used both terms, by coverage, but only after the Medicare care to provide these benefits to the placing computers in classrooms for program as a whole undergoes a trans- public with prescription drugs, or do small or very young children. He said formation. That transformation, not you trust private insurance HMOs who some seemed to believe if we give chil- surprisingly, features private insur- have pulled out of county after county, dren what he described as a glitzy toy ance-type HMO health plans. Privatiza- made promises they have not kept? It with bigger and bigger databases, we tion of Medicare is not a trans- is a question of trusting traditional have done all we need in regard to edu- formation. It is an oxymoron. Private Medicare or, again, do you trust pri- cation. He said we need to get back to insurance plans cannot replace Medi- vate insurance HMOs? September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7547 The SPEAKER pro tempore. Under a I have another lady who has been to allow me to serve better. Lisa previous order of the House, the gen- with me for many years, all but I think Smith, who recently left my office in tleman from California (Mr. BILBRAY) a couple of the years I have served, in Washington, served many years here is recognized for 5 minutes. that same district office, a case worker doing that job. And more recently Jin (Mr. BILBRAY addressed the House. named Elaine Whipple. Elaine tire- Sikora. His remarks will appear hereafter in lessly served me for a long time work- I have had other staff assistants from the Extensions of Remarks.) ing with senior citizens, particularly Jane Hicks who served me a long time f veterans, on issues concerning veterans on the front desk here to Selma affairs, but also on Social Security, McKinzie, I should say the district THANKS TO THE MANY STAFFERS giving service, finding answers to solu- desk in Florida to Selma McKinzie who WHO HAVE ASSISTED IN THE tions to those Medicare problems for served here and the list could go on and FIFTH AND EIGHTH CONGRES- people with the various agencies of the on. I cannot begin to name them all. SIONAL DISTRICTS OF FLORIDA government. These two women pro- Leslie Woolley was my first legisla- The SPEAKER pro tempore. Under a vided a perfect illustration of what can tive director, the legislative is a crit- previous order of the House, the gen- be done in the best of public service ical staff as well to provide services in tleman from Florida (Mr. MCCOLLUM) when you have people that are dedi- a personal staff office that we do not is recognized for 5 minutes. cated, who every day go to work re- get from the committee staff on legis- Mr. MCCOLLUM. Mr. Speaker, I am gardless of whether I am sitting in the lative matters. Many, many issues that here today because we are finishing office or not, answering the phones, Members of Congress have to face this term of Congress, and while there talking to people and providing them a every day and votes they have to take may be other things for me, perhaps conduit between the Federal Govern- on the floor, they have to be prepared across in the other body, this is the ment and an agency that is far re- for that. They would not otherwise be last year that I will serve as a Member moved from them, and some real, ev- able to do because that does not come of the United States House of Rep- eryday problems in their personal lives within the purview of the committees resentatives. I am very proud of the that need recognition and resolution. they serve on, but they are expected, service that I have given, and I have I have also had several other people we all are expected to respond and re- enjoyed my service a great deal in this that have really served extraordinarily spond intelligently to make votes for body. well that I want to mention. The chiefs these issues. I have enjoyed working with my col- of staff who have served me over the I want to again thank these personal leagues on both sides of the aisle to ac- years, Vaughn Forrest for many years, staff Members for all the work that complish many things over these years my very first chief of staff, did admi- they have done over the years. I do not that I have served from 1981 to the rable work. We provided together a think we pay enough tribute to our present, but none of that would have program for relief for Salvadorans, the personal staffs. been possible without a very strong people who were displaced off the farms Mr. Speaker, I include the following group of men and women who served on there during their civil war where we for the RECORD: my staff. lifted medicines and medical supplies STAFF TRIBUTE (1981–2000) Now, we often talk about our com- down there that were donated pri- PERSONAL OFFICE STAFF mittee staffs; but I am talking specifi- vately, not a legislative agenda but Nancy Abernethy, Melissa Finn Aldrich, cally about my personal staff; my staff something privately done, that the of- John Ariale, Marie Attaway, Michael both in my Orlando district office, and fice did, that I am prouder of than any Ballard, Doyle Bartlett, Paul Bernstein, my staff here in my Washington office. other thing that I have worked on Lynne Bigler, Julie Bordelon, Scott Brenner, There have been many, many people Melissa Burns, Rachel Cacioppo, Sandra Car- since I have been in Congress; and roll, Christina Cullinan, Fran Damron, who have worked for me over those much of that work was a tribute to years; and in a moment I am going to James Derfler, Andi Dillin, Susan Dryden, Vaughn Forrest’s effort as he did in Sarah Dumont, David Eisner, Debbie Feld- enter into the RECORD some 99 of those many other cases. man, Terri Finger, Vaughn Forrest, Kristen staffers that I have at least docu- b Foskett, and Teresa Fulton. mented, that I want to recognize be- 1715 James Geoffrey, Elizabeth Gianini, Shan- cause their hard work is what allowed Mr. Speaker, more recently Doyle non Gravitte, James Griffin, Michael Hearn, me to provide this service first to the Bartlett has been my chief of staff who Mark Heidelberger, Jane Hicks, Mary Carl- Fifth Congressional District of Florida was an early aide who came to work for son Higgins, Judi Holcomb, Barbie Howe, and then to the Eighth Congressional me in my district office and who Dawn Igler, Joe Jacquot, Kirt Johnson, Dana Hargon Jones, Vincent Jones, Josh Kane, District of Florida. worked on to be a legislative staffer up Dirk Karaman, Karl Kaufmann, Susan I want to single out some in par- here, and then later my chief of staff. Kessel, Anne Kienlen, Janie Kong, Sue Lan- ticular, though, because even though I And most recently John Ariale, who caster, Carolyn Lindsey, Patti Lockrow, and would like to be able to talk about all currently is my chief of staff, but was Linda Lovell. 99, I cannot do that. I do not have time my district aide for many years, work- Gerry Lynam, Ellen Maracotta, Kevin to, and no one would want me to; but ing to serve the public in the central McCourt, Selma McKinzie, Ferrall some have been with me a long time Florida region tirelessly for a good McMahon, Bob Meagher, Judy Merk, Dave and some have done admirable service. number of years on my staff. Merkel, Helen Mitternight, Lisa Morin, Don Morrissey, Rufus Montgomery, Maureen In my district office, Nancy Personal secretaries, personal assist- Mulherin, Sophia Nash, Karen Nasrallah, Abernethy is a case worker who has ants over the years both in Washington Paula Nelson, Jaclyn Norris, Jennifer Paine, been with me since the very beginning and in Orlando in the central Florida Clif Parker, Mari Parsons, Marissa Barnes when I first began my service, the be- area have meant the difference in my Raflo, Mary Lee Reed, Therese Ridenour, ginning of 1981; and throughout those life and in the ability for me to be able Debby Roeder, and Tom Rosenkoetter. years she has provided service to many to serve. Fran Damron who came to Clif Rumbley, Christy Russell, Ann Scar- constituents, particularly in immigra- Washington to start this process from borough, Eythan Schiller, Karen Schwartz, tion matters and about tax matters, Florida with me, but for unforeseen Jenn Hargon Sikora, Ginny Smith, Lisa Weigle Smith, Teresa Smith, Yvette that is above and beyond the call of family circumstances might very well Sommers, Phil Squair, Janet Sterns, Marise duty in many cases. be in my employ today. Stewart, Pam Tabor, Jay Therrell, Laurie There are literally hundreds of people Mary Lee Reed who still works part Thompson, Carl Thorsen, Chuong Tran, in central Florida today who have had time for me, for many years worked in Steve Van Slyke, Linda Vogt, Tyler Wesson, service provided by Ms. Abernethy in this Washington office as my right Tina Westby, Elaine Whipple, Susan Wil- resolving matters regarding immigra- arm. Today Sue Lancaster in my dis- liams, and Leslie Woolley. tion rulings and immigration concerns trict office who has been with me for f that they would not have had resolved many years, I could not do without The SPEAKER pro tempore. Under a in the way they did if she had not been really in many ways. She has tirelessly previous order of the House, the gen- there to act on their behalf. She still put time in program after program tleman from Washington (Mr. INSLEE) does that today. serving our constituents and working is recognized for 5 minutes. H7548 CONGRESSIONAL RECORD — HOUSE September 13, 2000 (Mr. INSLEE addressed the House. 2,000 years of age and over 350 feet in that they could earn a living utilizing their His remarks will appear hereafter in height, annually attract over one million adults household skills cooking and cleaning for min- the Extensions of Remarks.) and children from around the world who stare ers who couldn't. California was born a land of f in amazement at the enormity of the world's golden opportunities and to this day she con- The SPEAKER pro tempore. Under a tallest trees. Redwood National Park, home to tinues to call to those willing to take a risk in previous order of the House, the gen- over 110,000 acres, was established in 1968 order to improve their own lives. tleman from New Jersey (Mr. and expanded ten years later to protect the Many came to California for only a visit, but slow maturing redwoods. stayed a lifetime. The specious skies, majestic PASCRELL) is recognized for 5 minutes. Fort Bragg, California is the setting for the (Mr. PASCRELL addressed the mountains, and rushing rivers of Northern Annual World's Largest Salmon BBQ, which is House. His remarks will appear here- California stirred their souls, while her fertile held on the July 4th weekend. This year com- after in the Extensions of Remarks.) valleys, gentle climate, and endless opportuni- memorated the 29th anniversary of the event ties captured their imagination. Yes, gold fever f that benefits the local Salmon Restoration As- may have lured early settlers here, but even The SPEAKER pro tempore. Under a sociation (SRA). Its goal is to replenish the though the stores of that precious metal have previous order of the House, the gen- once great numbers of salmon in the Northern mostly given out, people still flock to California tleman from New Jersey (Mr. PALLONE) California waters. Members of the SRA are today. is recognized for 5 minutes. joined by volunteers from across the region As a third generation Northern Californian, I (Mr. PALLONE addressed the House. and help serve 5,000 pounds of salmon, 5,000 am very proud of the beauty and resources of His remarks will appear hereafter in ears of corn, 1,000 pounds of salad and 850 my native land. I am proud to celebrate the the Extensions of Remarks.) loaves of French bread. 150 years that this jewel has been an impor- f The First Congressional District is also tant part of our great nation. The SPEAKER pro tempore. Under a home to Solano County's Travis Air Force Mr. OSE. Mr. Speaker, I rise today rep- previous order of the House, the gentle- Base, which currently houses the largest airlift resenting California's Third Congressional Dis- organization in the Air Force. Travis, estab- trict in celebrating the Sesquicentennial of the woman from Ohio (Ms. KAPTUR) is rec- ognized for 5 minutes. lished in 1942, is assigned to the 60th Air Mo- great state of California's admittance to the (Ms. KAPTUR addressed the House. bility Wing, consisting of the 60th Operations, Union. California's Third District is one of the truly Her remarks will appear hereafter in Logistics, Support, and Medical Groups. For diverse regions of the country. The district the Extensions of Remarks.) 50 years, Travis has presented the Travis Air Expo, attracting more than 200,000 guests stretches from Sacramento's urban, south- f each year, who watch this two-day event fea- western suburbs to the spacious northern CALIFORNIA’S SESQUICENTENNIAL turing multiple performances by some of the country of Tehama, serving as a bridge be- world's top military, civilian and vintage aerial tween the flat agricultural lands of the upper The SPEAKER pro tempore. Under a demonstrators. The Travis Air Expo has estab- Sacramento River Valley and the state's north- previous order of the House, the gen- lished itself as the premier military air show in ern, timber-rich highlands. From East to West, tleman from California (Mr. FARR) is Northern California. the District lies between the majestic Sierra recognized for 5 minutes. Mr. Speaker, these are just a few of the im- and Coastal Range. Mr. FARR of California. Mr. Speaker, on be- portant events held in the First Congressional The roots of the Third District can be traced half of the California delegation, I submit the District that reflect the strength, character and parallel to those of the state. On January 24th, following statements relating to California's integrity of our residents who represent the di- 1848, James Marshall reached into the icy wa- 150th anniversary of Statehood. versity of the entire state. It is appropriate at ters of the American River near Sacramento Mr. THOMPSON of California. Mr. Speaker, this time, Mr. Speaker, that we recognize and and found the first gold nugget. People from I rise today to celebrate California's 150th An- celebrate the birth of the great state of Cali- around the globe came to California in search niversary. This is a momentous occasion as fornia. of their dreams. By August of 1849, the City we recognize the most populace and one of Mr. HERGER. Mr. Speaker, 150 years ago of Sacramento was born and nearly a year the most diverse states in the Union. With 52 this past Saturday the state of California en- later, in September of 1850, the State of Cali- Congressional Districts, each brings its own tered into the Union. I rise today to commemo- fornia was made into the 31st State. culture, tradition, attitude and history to the rate this anniversary, and to celebrate the re- The Northern portion of the district is home state. sources and treasures of the 2nd congres- to some of this country's most beautiful sites, California's First Congressional District con- sional district. including both the Lassen National Park and tains the finest wines, greatest fishing, and Historically, the great state of California is the Mendocino National Forest. The pictur- richest forests in our nation. From chardonnay most often associated with the Gold Rush. esque Sutter Buttes are considered the small- to cabernet, the vineyards within the First Dis- Northern California was the main destination est mountain range in North America. trict produce outstanding varietal wines. The of those in search of quick wealth. The banks Today, the District is one of the leading pro- 400 wineries use cutting-edge science with of the Feather River yielded great riches to ducers of agricultural crops, including an traditional techniques to provide wines of those who were in the right place at the right abundant production of rice, tomatoes, peach- every type and vintage, for beginning tasters time, but the precious metal that caused a es, pears, almonds, pistachios and avocados. to advanced collectors. rush to the West was not the only treasure The Third District is also the home of the Uni- The Napa Valley Wine Auction, held each that California possessed. versity of California at Davis, one of the lead- June, has become the largest and most suc- Young settlers whose dreams had not mate- ing research universities in the country. cessful charity wine auction in the world since rialized in the gold fields soon turned to the But most of all, what makes the Third Dis- its beginning in 1981. Hundreds of wine enthu- fertile Central Valley and envisioned golden trict special are the people who reside in it. siasts and auction-goers from across the na- acres of grain. Today those acres are covered The tight-knit communities in counties like tion, as well as a growing number of inter- with fruit trees, rice fields, and almond and Butte, Colusa, Glenn, Sacramento, Solano, national guests, travel to participate in a gala walnut orchards, as the valley continues to Sutter, Tehama and Yolo instill a strong sense weekend of tastings, dining, art shows, and yield its agricultural treasure, making California of family values that will carry on through fu- auctions. As the auction has grown, along with the leading agricultural economy in the world. ture generations. the wines it showcases, it has raised millions Others looked at the golden promise in the I am extremely proud to reside in and rep- of dollars for local health care. Sponsored by vast forests. Their labor provided the lumber resent the Third Congressional District of Cali- the Napa Valley Vintners Association, the auc- for the growing towns and cities of Northern fornia. It is with honor that I rise today to rec- tion has donated over $16 million to local California. A tremendous renewable resource ognize the 150th anniversary of this Great charities, raising a record-breaking $9.5 million to the American people, our forests provide State and our wonderful district. this year alone. materials for homes and businesses, as well Mr. MATSUI. Mr. Speaker, I rise today to North of the grapevines of Napa, Sonoma, as endless recreational opportunities and habi- recognize California's State Capitol, the great Mendocino, Solano and Lake Counties, lie the tat for unique plant and animal species. city of Sacramento, in celebration of the 150th magnificent Redwoods, which make their Some entrepreneurs recognized that there anniversary of California's admission to the home in Del Norte, Humboldt and Mendocino were other ways to gather gold than simply Union. counties. In the midst of large fishing and tim- panning in a streambed. They opened dry Located in the heart of Northern California, ber industries, these giant trees, some over goods stores, banks and hotels. Women found the River City of Sacramento boasts a rich September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7549 blending of art and culture offering the com- gressional District. This district includes all of linked to its geography. Industry ranging from forts of a small town and the amenities of a Marin and most of Sonoma County, the region oil refining to shipping, an extensive Navy growing metropolitan area. As the capitol of north of the Golden Gate Bridge. The District, presence, and deep concerns about water the sixth largest economy in the world, Cali- initially the home of Native American Tribes, quality and the environmentÐespecially the fornia, Sacramento is home to the world's has been under seven sovereign flags: Eng- protection of the Bay and the Sacramento-San largest almond processing plant, Blue Dia- land, Spain, Russia, Mexico, the Bear Flag Joaquin DeltaÐhave long been central fea- mond and continues to rank as a major agri- Republic, California and the U.S.A. tures of the region. It is no accident that it was cultural producer year after year. But while The Sixth Congressional District has been in Martinez, the Contra Costa County seat, Si- Sacramento has a thriving business commu- home to a wide variety of businesses and ag- erra Club founder John Muir resided and nity, the state legislature also claims Sac- ricultural endeavors. Sonoma County recently wrote his tracts that transformed our view of ramento as its home base. The magnificent earned 3rd place in a nationwide Forbes mag- natural resource protection. State Capital building alone attracts scores of azine that ranked the best cities in which to do The 7th district is also the site of significant world leaders, businessmen and women, business. Since 1987, the area from Novato to national historical events from the era of World school children and tourists alike. Santa Rosa has earned the nickname War II. At the site of the former Port Chicago Helping to keep Sacramento's economy ``Telecom Valley,'' for the large number of tele- Naval Weapons Magazine (currently the Con- booming is its natural positioning as a gate- communications companies that the area has cord Naval Weapons Station), the largest do- way for industry. Located at the crossroads of produced. Marin and Sonoma Counties are mestic loss of life during World War II oc- the state's north-south and east-west trade also home to many other high-tech firms. In curred on July 17, 1944 when over 320 men, routes, Sacramento is able to host a deep- the agricultural arena, Sonoma County con- most of whom were black, were killed in a cat- water port and a major airport. The film indus- tains dozens of vineyards, wineries, and apple aclysmic explosion. The subsequent refusal of try is another enterprise attracted to Sac- orchards. Both counties have a long and black sailors, who were the subject of discrimi- ramento, but for different reasons. From gold- proud history of dairy and poultry farming. nation, to resume the loading of munitions led rush era store fronts to picture perfect Vic- The Sixth Congressional District also has a to the largest court martial in Navy history and torian homes to modern office buildings, Sac- rich musical and artistic history. From the a landmark civil rights case that helped facili- ramento has lent itself as an aesthetically Great Depression through the 1950s, the Rus- tate President Truman's decision to integrate pleasing backdrop to a long list of cinema sian River area of Sonoma County was the the armed forces later in the decade. Con- classics, most recently, The General's Daugh- venue for Big Bands. The Kingston Trio began gress designated the site of the explosion as ter and Oscar Winner, American Beauty. their career in Marin County in the 1950s. the Port Chicago National Memorial in 1992. Major league sports teams have also found Their ownership of the Trident in Sausalito In December of 1999, after a long effort I led a successful and welcoming home along the brought other famous and soon-to-be-famous with other lawmakers, activists, and veterans, Delta. Two major league basketball teams, the to the country. In the 1960s, Marin resident President Clinton issued a Presidential pardon Sacramento Kings and the Sacramento Mon- Bill Graham's productions engendered poster to Mr. Freddie Meeks of Los Angeles, one of archs play to sold out crowds in the Arco art that defined much of the nation's art of that the last remaining men who was court- Arena. Most recently, Sacramento welcomed a decade, just as his concerts defined the pop- martialed more than half a century ago. new team, the Sacramento River Cats. A farm ular music and culture of the times. Today, Richmond, California, on the 7th district's team for the Oakland A's, the River Cats play Sonoma State University is building the Don west side, was a small city when World War in a brand new stadium just 450 yards from and Maureen Green Music CenterÐa music, II began and the Kaiser Shipyards were cre- Old Town Sacramento, bridging together Sac- dance, and drama performance center on the ated to build the Liberty and Victory ships that ramento's colorful gold rush past with a new level of Tanglewood, that will become an inter- supported the war effort. Tens of thousands of set of hometown heroes. national destination for its summer festivals. new workersÐincluding many minorities and Over the years, Sacramento has seen some Film arts in the District are highlighted by womenÐballooned the local population and significant firsts. The initial transcontinental the Mill Valley Film Festival, long known as created the legendary ``Rosie the Riveter'' railroad meeting between the ``Big Four'', Le- the springboard for new talents. The District image. Together with providing women pre- land Stanford, Charles Crocker, Collis P. has often been chosen as a filming location viously unavailable jobs in industrial plants, Hunington, and Mark Hopkins was held above for such movies as Alfred Hitchcock's The Richmond served as the epicenter of dramatic a downtown hardware store in 1860. Also in Birds and Vertigo, as well as Star Wars and changes in American life that were to affect 1860, the Pony Express began its 1,980-mile others. Marin County is also home to George generations including racial and gender inte- ten-day delivery service between St. Joseph, Lucas, a frequent Oscar winner over the last gration of the workplace, group health services Missouri and Sacramento. And Tower several years. and expansive child care. Congress is now Records, America's second largest record re- Sonoma and Marin counties' residents are completing action on my legislation to create a tailer got its start selling used jukebox records notable for their environmental consciousness, National Historic Site to commemorate the rich for 10 cents each in a Sacramento drug store. and a look at the natural treasures of the Dis- history of Richmond's contributions to ending Known for its many acclaimed historical trict makes the reason obvious. The District is WWII and changing our society forever. points of interest such as Sutter's Fort and the home to half of the Golden Gate National Those historic changes continue today with Delta King, Sacramento is also respected for Recreation Area, the nation's most visited Na- the conversion of the former century-old Mare being an environmentally conscious commu- tional Park; Point Reyes National Seashore; Island Naval Shipyard in Vallejo to civilian nity. With all that goes on in and around this the breathtaking Russian River recreation uses including environmental protection and city, one would hardly guess that Sacramento area; plus several state and county parks; local economic development. The 7th district could brag about having more park space per mountains and valleys; redwood groves and has an historic past and today is a critical part capital than any other city in the nation. But it miles and miles of coastline. Truly, the Sixth of the San Francisco Bay Area's economic, is true; this city has many more trees than Congressional District is a place we are all environmental, cultural and communications people. One of the greatest success stories is proud to call ``home.'' life. the American River Parkway. Designated a More information about California's Sixth Ms. PELOSI. Mr. Speaker, this past Satur- natural preserve in 1960, the 32-mile long Congressional District can be found in the day marked the 150th anniversary of the entry parkway is the first, and one of the few, ripar- Local Legacies collection at the American of the State of California into the United ian river habitat preservations within a major Folklife Center for the Library of Congress. States. I rise today to recognize this important urban center. Its 7,000-acres offer opportuni- Mr. Speaker, it is my great pleasure to pay date and to bring to the attention of my col- ties for fishing, rafting, kayaking, hiking, and tribute to the Sixth Congressional District in leagues the important contribution of the Pre- nature study. Clearly, residents of Sacramento honor of California's Sesquicentennial. I am sidio of San Francisco to the history of the have a great city to be proud of. very proud to be representing such an accom- Eighth Congressional District and to the State With all that Sacramento has to offer, some plished and beautiful area of California in Con- of California as a whole. like to think of Sacramento as California's gress. Happy 150th Birthday, California! The Presidio has overlooked San Francisco best-kept secret. True, it is the ideal place to Mr. GEORGE MILLER of California. Mr. Bay since the United States came into exist- live and do business. But I like to think of it Speaker, California's 7th congressional district ence. Built in 1776 by the Spanish Empire in simply as home. includes portions of Contra Costa and Solano North America, the military outpost of the Pre- Ms. WOOLSEY. Mr. Speaker, I rise today to Counties and is situated astride San Francisco sidio was created after the great inland harbor recognize California's Sesquicentennial. I am Bay and the Sacramento River. Its economic, of San Francisco was discovered during colo- very proud to represent California's Sixth Con- demographic and political history is deeply nizing expeditions. The Presidio was briefly H7550 CONGRESSIONAL RECORD — HOUSE September 13, 2000 under the control of the newly independent fifty years ago, California became the 31st nation's academic life. The University of Cali- Republic of Mexico starting in 1821, but was state in the union. It is my great privilege to fornia is one of the finest academic institutions finally transferred to American control by treaty represent the Ninth District of California, which in the country. It was born out of the heady in 1848. has played a vital role in the history, economy, spirit of California's 1849 gold rush. In that In many ways, the history of the Presidio and culture of this wonderful state. year, the authors of the State Constitution de- has mirrored the events that shaped our na- The Ninth District has a rich history of its manded that the legislature ``encourage by all tion. During the 1870's and 1880's, the Pre- own in the last 150 years. Home to the City suitable means the promotion of intellectual, sidio served as a frontier outpost, from which and Port of Oakland and the University of scientific, moral and agricultural improvement'' soldiers saw action in the Indian Wars. San California at Berkeley, this East Bay area of- of the people of California. The gold rush may Franciscans are proud of the service at the fers ethnic diversity, intellectual ferment, and have played out, but the university that was Presidio during this time of the Buffalo Sol- economic vitality, and has made a wide array eventually created at Berkeley has uncovered diers, all Black-regiments established to help of contributions to science, technology, lit- a rich vein of ideas. Today, the University of rebuild the country after the Civil War and to erature, the arts, and business. California ranks among the top universities in patrol the western frontier. Oakland emerged as a major commercial the world. By the turn of the century, the Presidio shift- and transportation center in the heyday of the The historic landmarks in this district include ed from an outpost to a major military installa- California Gold Rush of 1849. It became a the Camron-Stanford House, Dunsmuir House, tion and a base for American expansion into crucial transit point from the San Francisco Mills Hall located on the Mills College campus, the Pacific. In 1898, tens of thousands of Bay to Sutter's Mill and the Sierra Nevada the Paramount Theatre, the U.S.S. Hornet American soldiers camped at the Presidio in foothills. Oakland dramatically expanded after (CV±12), the several buildings designed by ar- preparation for the invasion of the Philippines the tragic San Francisco earthquake of 1906 chitects Julia Morgan and Bernard Maybeck. during the Spanish American War. In 1915, as Californians sought firmer ground. The city Additional landmarks in the district include the General John Pershing, later to become the again ballooned upward in population during C.L. Dellums Train Station, the just-opened commander of U.S. expeditionary forces in the Second World War, when thousands of Chabot Observatory and Science Center, Chil- World War I, led the pursuit into Mexico of Americans came to the District to work in the dren's Fairyland (Walt Disney's blueprint for Pancho Villa from the Presidio. The Presidio busy shipyards, the Oakland Army Base, and Disneyland), Jack London Square, Lake Mer- became headquarters for the Western De- the Naval Air Station in Alameda. ritt, Lawrence Hall of Science, Oakland's fense Command during action in the Pacific in As the city grew, so did its commitment to Chinatown, and the Ronald V. Dellums Fed- World War II, and soldiers began digging fox- progressive activism. Individuals such as eral Building. holes in local beaches in anticipation of a pos- Cotrell Lawrence Dellums, a Pullman porter In recent history, our district is experiencing sible invasion. and a Bay area representative for the Brother- increased growth of ``dot coms,'' biotechnology Playing a significant role in the preservation hood of Sleeping Car Porters, began orga- research centers and hi-technology companies of nature, the Presidio's role in the San Fran- nizing fellow African-Americans to join the such as Bayer, Chiron, Sybase and Wind cisco Bay Area transcends its military roots. union in 1925, when Oakland was still strongly River. As far back as the 1880's, the first large-scale linked to the passenger rails. As the head of Four of our annual events were recently tree planting and post beautification projects the Alameda County NAACP, he helped the placed as a ``Local Legacy'' as a centerpiece were undertaken at the Presidio. The building AFL±CIO consolidate its membership by deliv- of the Library of Congress' Bicentennial cele- of the Golden Gate Bridge from 1933 to 1937 ering the support of Black railroad workers bration. These events are the Solano Stroll, increased the public use of the Presidio. The and members of the NAACP, and was among Dia de los Muertos, the Black Cowboys Pa- Presidio was designated a National Historic the first to organize voter registration cam- rade and the Festival of Greece. I am proud Landmark in 1962. From that time to its even- paigns in the district. that these events are recognized by the Li- tual closure as a military base in 1989, and its C.L. Dellums' spirit of activism has remained brary of Congress as a local legacy. transfer in 1994, thanks to the visionary ac- alive in California's District Nine throughout With a century and a half of history behind tions of Philip Burton, to the National Park the years, demonstrated by minority groups it, California now stands at the brink of a new Service, the significance of the Presidio has organizing to demand equality, the student century and a new millennium. Its gold-rush shifted from a strategically important military anti-war protests at the University of Cali- inspired state motto is ``Eureka,'' a Greek word base to a gem in the National Park system fornia, and working men and women joining proclaiming discovery. As we move forward and an integral part of California's landscape together to demand better working conditions. into the future, we must continue to celebrate and history. Two-time Socialist Party Candidate for our diversity, remember our past, and refute Today, the Presidio continues to reflect the Mayor and ``Call of the Wild'' author Jack Lon- Gertrude Stein's famous Oakland lament that changing priorities of our nation. In a change don called Oakland his home for nearly thirty ``there was no there there.'' There is a there, reflecting a swords-to-plowshares approach, years. From that city, London wrote many of there, and for a hundred and fifty years there the former military installation at the Presidio his vivid evocations of the Far North. The East has been. has become a national park like no other. Sur- Bay's sometimes chilly climate may have Mrs. TAUSCHER. Mr. Speaker, I rise today rounded by dense neighborhood in San Fran- helped inspire some of his more picturesque to celebrate the Sesquicentennial of Califor- cisco, the Presidio is now an urban oasis of depictions of life in the Yukon. Nor was Lon- nia's admission into the Union as the nation's open space that preserves a critical habitat for don the only cultural icon to grace Oakland's 31st state on September 9, 1850. California's some rare and endangered species. The Pre- streets: Robert Louis Stephenson, and Ger- 10th Congressional District has been instru- sidio contains an incredible assortment of rec- trude Stein both lived in Oakland, and all en- mental in the state's history. In the 1800s, my reational, cultural, and natural resources that riched our literary heritage. Today, Jack Lon- district had a strong connection with the Old makes it a top destination for visitors to San don Square bears Oakland's famous son's West, populated by Americans during Califor- Francisco and a well-loved and visited site for name, such an important part of the city that nia's Gold Rush and a center for miners. The the City's residents. Fittingly, the Presidio has is standing at the waterfront. 10th Congressional District became one of the also become home to a Swords-to-Plowshares As a sea, air and rail port, Oakland is at the main routes to the gold fields and quickly be- program which helps veterans re-assimilate hub of California trade. The maritime port came a mercantile stopover for miners seek- into civilian society through job training, hous- stretches across nineteen miles of San Fran- ing their fortune in the Mother Lode. ing assistance, and counseling. cisco Bay. One of the largest ports on the Many of those miners purchased land in this Mr. Speaker, the Presidio of San Francisco, West Coast, the Port of Oakland is today sec- beautiful area. In 1854 Daniel and Andrew with its proximity to the Golden Gate Bridge ond only to New York in terms of container Inman founded Danville when they bought 400 and the California Coastline, its beautiful for- terminal space. It is the primary sea terminal acres with their mining earnings. By 1858 the ests and unique ecology, and especially its connecting the western United States of Asia, new Danville community grew and thrived, role in the development of California, deserves South America, and Europe. Like the seaport, complete with a blacksmith, hotel, recognition for its place in the history of the the airport also represents a crucial link in the wheelwright, general store, and a post office. Golden State. I am proud to recognize this chain of intrastate, interstate, and international The City of Lafayette was well known contribution and to honor the Great State of commerce. The Oakland Airport was also the throughout California in the early 1860 as a California on its sesquicentennial anniversary. starting point in 1937 for Amelia Earhart's ill- stop for the Pony Express from April 3, 1860 Ms. LEE. Mr. Speaker, I am proud to rise fated round-the-world flight. to late October 1861. The 200-mile trail served today to commemorate the Sesquicentennial In addition to its role in transportation, the as the fastest mail delivery between St. Jo- of California's statehood. One hundred and Ninth District also plays a leading role in the seph, Missouri and Sacramento, California. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7551 The Town of Moraga was named for Joa- It was 50 years agoÐin the summer of Filipino, South Asian, Japanese, Southeast quin Moraga, the grandson of Joseph Joaquin 1950 when California celebrated the centen- Asian and others. Over an eighth of our popu- Moraga who was the second in command of nial of its admission to the UnionÐthat my lation is Hispanic with a smaller population of the Anza Expedition of 1776, the founder of new bride and I moved to the San Francisco African Americans. A recent article in the San San Francisco, Mission Delores and the Bay Area. And it was half a century ago that Francisco Examiner on Daly City referred to founder and first commandant of the Presidio. Annette and I began our connection with the this diversity in praising the mixture of ``Span- In 1835, he received a 13,316-acre land grant part of our state that is now the 12th Congres- ish, Tagalog and Hindi'' heard in the city's from the Mexican government, which included sional District. In the fall of 1950, I began my markets, and noted that ``ethnic diversity is a parts of Orinda and Lafayette. On a hill over- studies as a graduate student in economics at source of pride for the community as reflected looking the Moraga Valley, Joaquin Moraga the University of California, Berkeley, and at in its integrated neighborhoods.'' As the State built an adobe home, thought to be the oldest the same time I began teaching at San Fran- of California moves from a majority white to a building in Contra Costa County. cisco State University. When we arrived in ``majority minority'' population and as our na- Today the 10th Congressional District main- California, it had a population of 10.6 million. tion's population becomes increasingly di- tains its historic roots combining clusters of Today, Mr. Speaker, our state's population verse, the 12th Congressional District is a har- narrow roads and early buildings with 21st has reached 33.1 millionÐ1 out of every 8 binger of the benefits of a harmonious, eth- Century high technology office parks. The citi- Americans is a Californian. nically diverse community. zens in the 10th Congressional District are As we mark 150 years of statehood, it is in- Mr. Speaker, this is not to say that tolerance among the highest skilled and educated work- structive to look both to our historic past, but and multi-ethnic harmony has always been the force in the nation. While they are at the epi- at the same time to look to the future, and case in our state. California, as the rest of the center of the high-tech economy, they are also California and the 12th Congressional District nation, has had its share of discrimination and committed historic preservation and protecting was as important in shaping our nation's past racism. Chinese and other Asians suffered the natural physical environment in one of the as it is today in leading the way toward our harassment and intimidation during the era of nation's more desirable places to live. The nation's future. the Chinese Exclusion Act. During World War 10th Congressional District is committed to Mr. Speaker, in the mid-19th century, the II, tens of thousands of American citizens of preserving its past and looking forward to the Bay Area was the principal gateway to the Japanese ancestry were sent to relocation next one hundred-fifty years as a part of this California gold rush. In 1847Ðwith the Mexi- camps. Hispanic-Americans have faced dis- great nation. can War still underway, two years before of crimination for using Spanish and maintaining Mr. POMBO. Mr. Speaker, I rise today with the influx of the gold miners of 1849, and their national cultures. But we have learned, my fellow delegates to celebrate and honor three years before California's admission to we have made progress, and we continue to the 150th birthday of the great state of Cali- the UnionÐSan Francisco had a population of struggle with the complications of diversity. fornia. 459 people, half of whom were U.S. citizens. Mr. Speaker, a second element is the im- I have the honor of representing the 11th Three years later on July 1, 1850, the U.S. portance of the Peninsula and of San Fran- district of California, which includes the San Census Bureau reported that the population of cisco in our state and our nation's economy. Joaquin County cities of Stockton and Lodi. San Francisco was 94,766, and at that same A century and a half ago, panning for gold Each has played a dynamic part in the historic time, 626 vessels were anchored in the San made a few people rich quickly, but those who and economic development of the Golden Francisco Bay. made the real contribution to our state and our State. nation's economy as well as real wealth for The town of Lodi was settled by families of When California became a State, the legis- themselves were the individuals who brought German descent from North Dakota. It first lature established San Francisco County, but the entrepreneurial spirit which gave rise to served as a railroad stop known as with the explosive growth of the area just six such legendary businesses as Levi Strauss, Mokelumne Station in 1869, which was re- years later in 1856, it was necessary to create Ghiradelli chocolate, and the Wells Fargo named to Lodi three years later. Formally the the new county of San Mateo from the south- Bank. ``Watermelon Capital,'' Lodi today is known as ern part of San Francisco County. After the A century and a half ago, Gold was discov- the ``Wine grape Capital'' of the world. This initial chaos of the early years of the gold ered at Sutter's fort on January 24, 1848, but booming town of over 50,000 residents is rush, the growth of these two counties was the first newspaper story about the discovery home to the Tokay Grape and over 40,000 more orderly but still robust. to appear in a newspaper in the eastern acres of vineyards. Some of California's finest San Mateo County was given a boost by the United States was only published eight wineries are located in nearby Woodbridge tragedy of the massive 1906 San Francisco months later in the New York Herald on Au- and Acampo. earthquake, when thousands of displaced and Stockton is the backbone of California's ag- terrified residents fled the city and encamped gust 19. When California was formally admit- ricultural hub and home to nearly 250,000 in what became Daly City. As the Bay Area ted as a State to the Union on September 9, residents. It is our state's largest inland ship- developed, San Mateo County likewise grew 1850, it required six weeks for the steamer ping port, which sends the San Joaquin Val- as a cluster of communitiesÐeach filled with bearing the banner ``California is a State'' to ley's farm products to the open market. growing numbers of Irish, Italian, Greek, and arrive in San Francisco. The celebration of Thanks to its rich soil and temperate climate, Asian-Americans moved to the suburbs from statehood in California did not take place until Stockton is one of the most productive grow- ``the City.'' Each of these cities developed its October 29Ða full 50 days after statehood ing areas in California. Major crops include as- own unique character and flavor, and each was a reality. Today, California is in the fore- paragus, cherries, tomatoes, walnuts and al- has contributed to the diversity and cohesion front of the instantaneous communication rev- monds. Stockton is also home to the Univer- of our area. olution, as Internet communication and e-com- sity of the Pacific, a charming campus known TodayÐa century and a half after California merce led by firms in Silicon Valley and San for its programs in law and pharmacy. Stock- became our nation's 31st stateÐthe 12th Con- Francisco revolutionize the way the entire ton has historically been a multicultural city. gressional District continues to reflect the rich world communicates. Older generations of families from Europe and diversity of our past and the golden hope for Today, Mr. Speaker, we continue to have an Mexico are being joined by new arrivals from our state and our nation's future. Two ele- ebullient economy in the Bay Area, and this is South East Asia and Central America. In ments strike me as particularly significant in an important element of our state's contribu- 1999, Stockton was awarded the ``All Amer- this regard, Mr. Speaker. tion to the entire nation. As our distinguished ican City'' award by the National Civic League. First, the 12th Congressional District reflects Governor Gray Davis said recently: ``We're ex- Mr. Speaker, it is indeed a great honor to be the ethnic complexity of California and of the periencing a second Gold Rush. People came a life long native of the 11th district and to nation. As The Los Angeles Times (Sep- here 150 years ago to find their fortune, and represent it today in the Congress. The 11th tember 8) noted, ``The Gold Rush was a defin- the dot-com economy is bringing another gen- is one of the most diverse culturally and eco- ing moment in the nation's history, a remark- eration of risk takers and entrepreneurs. All nomically. But together, its people serve an able, virtually overnight influx of people from this energy and vitality helps drive our econ- important role in the economy of both Cali- every quarter of the world.'' In many ways that omy and makes for the robust society we cur- fornia and America. I am pleased to join my influx of a diverse population a century and a rently enjoy'' (San Jose Mercury News, Sep- delegates today in celebrating the Sesqui- half ago established the pattern of our state. tember 9). Today legendary companies in the centennial of the Golden State. Ethnic diversity is not just a concept in our 12th Congressional District such as Oracle in Mr. LANTOS. Mr. Speaker, I join my col- area, it is a daily reality. the information technology sector and leagues from the golden State of California in One quarter of our population in the 12th Genentech in the biotech sector are leading marking the 150th anniversary of statehood. Congressional District are AsianÐChinese, the nation in creativity and innovation. H7552 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Mr. Speaker, it is important today that we was manufacturing over 370 electronic prod- same time. From 1958 to 1959, electrical engi- not only mark a century and a half of Califor- ucts and in 1972, H±P introduced the first of neers Robert Noyce, co-founder of the Fair- nia's statehood with celebration and congratu- its hand-held calculators which would cement child Semiconductor Corporation, and Jack lation, but that we also use this opportunity to the company's place in the forefront of the Kilby of Texas Instruments, were working on reflect upon how our past has shaped our electronics industry. The company, of course, an answer to the same dilemma: how to make present and how the decisions we take today also manufactures computers and by 1994, more of less. In designing a complex elec- will determine our future. If we commit our- H±P's sales in computer products, service, tronic machine like a computer, it was nec- selves to continue and strengthen the best of and support were almost $20 billion, or about essary to increase the number of components our state's traditions, we can assure that the 78% of its total business. involved in order to make technical advances. future for our children and grandchildren will The garage where Hewlett-Packard began The monolithic (i.e., formed from a single crys- be even more golden than our past. still remains and is a reminder of how great in- tal) integrated circuit placed the previously Mr. STARK. Mr. Speaker, I rise today to ac- ventions and companies can spring from hum- separated transistors, resistors, capacitors and knowledge California's historic 150th birthday ble origins. The 14th Congressional District connecting wiring onto a single crystal (or celebration. California officially entered the has become the heart of a booming techno- ``chip'') made the semiconductor material. United States on September 9, 1850 but the logical revolution that continues to change the Kilby used germanium, while Noyce used foundations for the development of California world in which we live and expand the bound- silcon to create the semiconductor material. were in place well before this important date. aries of human and scientific accomplishment. As a result of their novel research, in 1959, Under the Spanish Empire, the colonization I'm proud to represent this distinguished dis- U.S. patents were issued to Jack Kilby and eventual settlement of California was trict and I ask my colleagues, Mr. Speaker, to (awarded the 1970 National Medal of Science) greatly influenced by the mission system. The join me in honoring the 150th anniversary of and Texas Instruments for miniaturized elec- missions were founded to secure Spain's the State of California. tronic circuits and to Robert Noyce (the found- claim to land and to teach the native people Mr. CAMPBELL. Mr. Speaker, a leader in er of Intel) and Fairchild Semiconductor Cor- Christianity and the Spanish way of life. The the U.S. and global economy, CaliforniaÐin poration for a silicon-based integrated circuit. placement of the missions had a direct impact particular, Silicon ValleyÐis an economic pow- After several years of legal battles, however, on the development of California, as the mis- erhouse. From the quicksilver mercury mines Texas Instruments and Fairchild Semicon- sions fostered agriculture, vintnering, livestock to the high-tech computer industry, as is the ductor Corporation wisely decided to cross- raising, and trade as well as religion. case with California as a whole, Silicon Valley licence their technologies. The first commer- I am proud to recognize Mission San Jose, has a rich, diverse history. As we turn to cele- cially available integrated circuits were manu- a historical mission in Fremont, California and brate the 150th anniversary of California's factured by Fairchild Semiconductor Corpora- part of the 13th Congressional District. Mission statehood, we are prompted to reflect upon tion in 1961. In the same year, Texas Instru- San Jose was founded on June 11, 1797, by our region's natural wealth and, most impor- ments used the ``chip'' technology in Air Force Father Fermin Francisco de Lausen. The mis- tantly, to reflect upon the spirit of its people. computers and later to produce the first elec- sion was the fourteenth of the twenty-one Mr. Speaker, as I rise to pay tribute to the tronic portable calculator. Since then, all com- Spanish Missions in California and was one of Golden State's sesquicentennial, I wish to puters have begun to employ ``chips'' instead the most prosperous of all the California mis- honor those Californians, past and present, of individual transistors and their accom- sions. Mission San Jose was the center of in- whose dedication and ingenuity have made panying parts. dustry and agriculture; its location was chosen this state one of which I am proud to rep- Like Silicon Valley's economy, the develop- for the abundance of natural resources in this resent in Congress. ment of the integrated circuit has undergone region. Silicon Valley's first inhabitants, the Ohlone tremendous change. The original circuit had In 1868, a giant earthquake shattered the Indians, discovered one of the original and only one transistor, three resistors and one ca- walls and roof the Mission San Jose church. richest mines in California. The discovery of pacitorÐit was the size of an adult's pinkie fin- The site was cleared and a wood Gothic-style the red ore of mercury (dubbed ``mohetka'' by ger. Today's integrated circuit is smaller than church was erected directly over the original the Ohlones), however, quickly changed the a penny and holds 125 million transistors. The red tiled mission floor. In 1956, the town of face of the region. It also impacted the rest of industry generates approximately $1 trillion an- Mission San Jose incorporated with four oth- California, as the mercury discovery favorably nually, and ``chip'' technology is considered ers to become the City of Fremont. Plans to contributed to the success of gold and silver one of the most important innovations of hu- reconstruct the church of Mission San Jose mining. Andres Castillero, a Mexican cavalry mankind. were begun in 1973. Mission San Jose stands officer, was the first to file a legal claim to the The one thing that has not changed in Sil- today as a testament to California's history mineral deposit, and was granted title, during icon Valley: the independent, entrepreneurial and the influence of the Spanish as part of the mid-1800s. Following the Mexican-Amer- spirit of its citizens. Mr. Speaker, as we recog- California's rich heritage. ican war and California's entry into the United nize California on its 150th anniversary, I want As we commemorate the Sesquicentennial States, the Quicksilver Mining Company as- to pay tribute to those Californians, especially anniversary of California, I am proud to recog- sumed management of the mines in 1864. the native Ohlone Indians, and to Mr. nize Mission San Jose and the part it has Like his successors, Samuel Butterworth, first Butterworth, Mr. Kilby, and Mr. Noyce, who played in the history of California. President of the Quicksilver Mining Company, have made invaluable contributions to the Ms. ESHOO. Mr. Speaker, I rise today to did much to initiate early development of to- prosperity of this state and to its people. celebrate the 150th anniversary of the State of day's Silicon Valley. During his tenure at the Ms. LOFGREN. Mr. Speaker, today I proud- California and the innovations of its 14th Con- Company, seven hundred buildings were con- ly pay tribute to California on its 150th birth- gressional District. California has numerous structed to support the quicksilver mining com- day. I would like to congratulate the great historical landmarks, but only one is a garage munity including a company store, school- state of California and to recognize the Six- in Palo Alto where the technological revolution house, boarding house, a community center, teenth District for its contributions to Califor- was born. A plaque proclaims this The Birth- and church. nia's rich history. place of Silicon Valley. Although the bonanza days of quicksilver Mr. Speaker, the history of California begins In 1938, William R. Hewlett and David Pack- production are over, and only a few landmarks long before the introduction of Europeans to ard rented a garage to found a fledgling elec- remain, the century of mercury production and our land. For centuries the Ohlone, locally the tronic business and it was here that they pro- the hard work of early miners have left an in- Muwekma, lived in peace and in tranquility duced their first commercial audio oscillator, delible mark on California. The same entrepre- along the banks of the Guadalupe River in an instrument that generates audio fre- neurial spirit, which led to the early economic what has since become the city of San Jose. quencies used by the broadcast and entertain- development of California, can still be found in But centuries of peaceful existence for the ment industries to test sound quality. Orders Silicon Valley today. Two recent pioneers, Muwekma came to an end when, on Novem- soon began to pour in from companies such Jack Kilby and Robert Noyce, paved the way ber 29, 1797, Spanish Lieutenant Jose as Walt Disney, and the Hewlett-Packard for the region becoming a global leader in the Juaquin Moraga established the Pueblo de Company was born. high-tech computer industry by inventing the San Jose de Guadalupe. Created for the pur- By the end of 1939, sales had soared to al- integrated circuit. pose of supplying the presidios of San Fran- most $5,000 a year, and Hewlett-Packard was It seems that the integrated circuit was des- cisco and Monterey with food, the Pueblo be- forced to abandon the garage for more spa- tined to be developed. Two inventors, unbe- came the first civil settlement in California. cious quarters to house their rapidly expand- knownst to each other, both designed almost The Pueblo was originally located one mile ing company. Within 20 years Hewlett-Packard identical integrated circuits at roughly the north of what is now downtown San Jose, but September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7553 due to flooding by the Guadalupe River, the tlers began to leave the Presidio and expand business, and a distinguished marketplace for Pueblo was forced to move south. With its fer- throughout Monterey. agriculture. tile soil, the new location quickly became a After Mexico's secession from Spain in Mr. Speaker, I represent the 19th District of center for agriculture. The rich harvests of the 1822, Monterey flourished as Mexico opened California, which spreads across the farm fields attracted settlers, causing the population up the region to international trade never al- country below the Sierra foothills from Visalia, of the area to rise quickly and steadily. lowed under Spanish rule and designated south of Fresno, to the mountainous Mariposa The rapid growth and development of this Monterey as California's sole port of entry. County. Most of the landmass I represent is area marked an important time in California's This booming trade also attracted American part of the Sierra Nevada, and it contains history. By 1798 the Pueblo was so widely settlers to the Peninsula, many of whom even- most of three national parks: Yosemite, Kings populated that its inhabitants constructed a tually became Mexican citizens. Canyon, and Sequoia. I am truly honored and one story, adobe Town Hall to meet the citi- However, on July 2, 1846, Commodore privileged to represent an area so rich in zens' needs. The Hall housed the jail, court- John D. Sloat arrived in Monterey Bay, raised splendor and American history. room, council chamber, and the offices of var- the American flag and claimed California for Fresno, for example, is a city of both agri- ious governing officials. the United States. The Commodore waited cultural and industrial importance in California. One such officialÐLuis Peralta, an Apache five days before, on July 7, 1846, he finally A creation of the industrial age, Fresno was Indian from Tubac, Mexico, was particularly in- sent 250 soldiers to land and take possession founded by the Central Pacific Railroad. Its fluential in California's development and of the city. Monterey was captured without a city fathers also bred the local wine grape, de- growth. At the age of sixteen Peralta came to single shot being fired. The American occupa- veloped the raisin industry, and cultivated the California with two hundred and forty other tion lasted until the signing of the Treaty of Smyrna fig. Now, Fresno County's crops also colonists on the Juan Bautista de Anza Expe- Guadalupe Hidalgo in 1848, thus making all of include cotton, citrus, tomatoes, cantaloupes, dition from Mexico. In 1807 the Spanish gov- Alta California part of the United States. plums, peaches, and alfalfa. In fact, Mr. ernment appointed him to the position of As the most prominent city in the region, Speaker, Fresno County has grown to cur- Comisionado del Pueblo de San Jose, and Monterey was the obvious selection as the rently produce more farm products in dollar during his tenure he helped to shape the site for California's Constitutional Convention value than any other in the country. growth of the Pueblo and the surrounding in 1849. For six weeks 48 delegates of diverse My home of Mariposa County is also of area. His endeavors in furnishing troop sup- backgrounds met in Colton Hall in downtown great historical significance. At one time it oc- plies, supervising public works, and keeping Monterey to debate and vote on the final text. cupied more than one-fifth of the state's the peace earned him good favor in the eyes The constitution was signed on October 13, 30,000 square miles and is currently home to of the Spanish government. In 1820 Spain 1849, and president Millard Filmore officially the oldest working courthouse west of the granted Peralta 44,000 acres of land, the larg- welcomed California as our 31st state in 1850. Rocky Mountains. Made of hand-planed local est land grant of the time. The grant included As the birthplace of American California, the lumber is 1854, the Mariposa County Court- the present day cities of Albany, Berkeley, city of Monterey is proud of its contributions to house remains the seat of government and Emeryville, Oakland, Alameda, Piedmont, and California's statehood. Further, I am proud to justice to this day and is on the National Reg- parts of San Leandro. Peralta split the land congratulate California on its sesquicentennial ister of Historic Places. between his four sons: Vincente, Doming, An- anniversary. The courthouse was accepted as a National tonio and Ignacio; they went on to develop Mr. CONDIT. Mr. Speaker, as the Great Historic Landmark because some of the most and populate the land. State of California celebrates its celebrated and noted civil, mining, and water Thanks to the development of the Pueblo sequiscentennial, I would like to recognize the cases were held in its courtroom: the Fremont and the areas surrounding, this area has con- very fine people I have the privilege of rep- land grant title and Biddle Boggs v. Merced tinued to grow and flourish through present resenting in the 18th Congressional District. Mining Company are but two. During the 1953 times. It continues to contribute to California's Located in California's great Central Valley, centennial celebration of the courthouse, the economy as a center for high tech and manu- it is recognized as one of the richest agricul- State Bar recognized the building's signifi- facturing companies as the ``Capitol of Silicon tural areas in the world and represents some cance by declaring it to be preserved as a Valley,'' and ranks second as a national leader of our nation's finest resources. Comprising all ``shrine to justice in California.'' in exports. Mr. Speaker, again I would like to of Stanislaus and Merced Counties and por- As you can see, Mr. Speaker, the 19th Dis- congratulate the people of California's Six- tions of San Joaquin, Madera, and Fresno trict of California has played a fundamental teenth District for their influence on the history counties, the 18th District is within a few hours role in California's history. From developing and prosperity of the state. of all of California's riches, with Merced Coun- the agriculture industry, to shaping our civil Mr. FARR of California. Mr. Speaker, it is ty being the ``Gateway to Yosemite'' National and natural resource laws, the 19th District's with great pleasure that I rise to congratulate Park. cities are models for emerging communities California on its 150th anniversary. I would like Many of the first settlers to the area at- across the country. I am honored to represent to take this opportunity to mark the contribu- tracted by gold. Today it is affordable housing, this district and to have been a lifelong resi- tions of California's 17th district to California's good jobs and the California climate that lure dent of Mariposa County. Mr. Speaker, please rich history. many of the newcomers. I am proud of report join me in celebrating the Sesquicentennial of As the site of the Constitutional Convention the first research university of the new millen- the Golden State: California. in 1849, the city of Monterey played a pivotal nium will be built by the University of Cali- Mr. THOMAS. Mr. Speaker, I want to join in role in California's admittance to the Union as fornia in Merced as we pave new paths and commemorating California's 150th year as a our 31st state. But, the Monterey region also start new journeys into a golden tomorrow. State. Our diversity and the pioneering spirit of has a rich history that extends back several I would be remiss however if I didn't accu- our people should be clear to anyone who vis- millennia before people from around the globe rately point to the richest of our resourcesÐ its the communities in Kern and Tulare Coun- landed on its shores in the 16th century. Na- the people who call the 18th Congressional ties in my Congressional District, the 21st. tive Americans enjoyed an abundance of nat- District home. Within its boundaries are a peo- While the image other Americans have of ural resources as early as 500 BC. ple tightly woven together by a rich cultural California is often that of beautiful beaches, Monterey was later discovered by Spain on tapestry. Our strength is found in the diversity high tech industries and outstanding sports November 17, 1542 when Juan Cabrillo spot- of our poepleÐproud, independent and full of teams, the real California stands out when ted La Bahia de los Pinos (Bay of Pines). It character. anyone visits Kern and Tulare. These are rural wasn't until 60 years later, in 1602, that Se- Like the pioneers who once settled our counties where families have built some of the bastian Viscaino officially named the region great state, these people embody the same nation's best farm businessesÐdairy, cotton, ``Monterey'' to honor the Viceroy of New Spain spirit of adventure that will lead California into table grapes, oranges, almonds and pistachio who had authorized his expedition. a prosperous future. nuts. The California oil industry is centered on The Peninsula was first settled in 1770 Mr. RADANOVICH. Mr. Speaker, I stand this areaÐover half the oil production in Cali- when Gaspar de Portola and Father Junipero today with my fellow delegates in celebration fornia comes from Kern County. At the same Serra arrived by land and sea to establish the of the Sesquicentennial of the State of Cali- time, national public lands, including wilder- City of Monterey itself. Monterey began its re- fornia. ness areas, provide some of the finest oppor- nown as the fiscal, military, and social center As you know, California was admitted into tunities for recreation anywhere in the United of Mexican California when Spain chose the the union as the nation's 31st state 150 years States. city as the capital of Baja and Alta California ago. Since that time, our state has developed If someone wants to see how Californians in 1776. In the decades that followed, the set- into a capital of the arts, a headquarters for have continued to pursue new ideas, how they H7554 CONGRESSIONAL RECORD — HOUSE September 13, 2000 work and how they have built strong commu- prime film location. Fort Apache with John As you can see, Mr. Speaker, I believe my nities around the use of natural resources and Wayne, Columbia's Jungle Jim series with district has the best of everything, and so high technology, they ought to come out and Johnny Weissmuller, and TV shows such as does my state. I am proud to serve the resi- meet with my friends in Kern and Tulare The Adventures of Rin Tin Tin and Sky King dents of the 24th District of California. Counties. were filmed at the Corriganville Movie Ranch. Again, I wish California a happy 150th birth- Mrs. CAPPS. Mr. Speaker, I am honored to Movie stars also made their home here, and day. represent the beautiful Central Coast of Cali- many still do. Ojai is world-renowned for its Mr. MCKEON. Mr. Speaker, I stand today fornia and to celebrate the 150th anniversary arts community. with my fellow delegates in celebration of the of California's admission to the Union. California's aerospace industry also found a Sesquicentennial of the State of California. The 22nd Congressional District lies on home and a skilled labor force in the 23rd California was admitted to the Union 150 California's Central Coast and is considered Congressional District. The space shuttle's years ago as the Nation's 31st state. Since one of the most beautiful areas in the United main engines were designed by Rocketdyne that time, California has grown dramatically. States. The district includes Santa Barbara and tested at its Santa Susana Field Labora- This state, once known as part of the ``Wild and San Luis Obispo counties and features a tory, as were the engines for the Apollo and West,'' has now become a vast metropolitan spectacular coastline and majestic mountains. other space missions. region of business, enterprise and entertain- It offers a unique mix of major cities and small Much has changed in 150 years, but much ment. towns, bountiful vineyards, farms and ranches, remains the same. Agriculture is still Ventura and five highly esteemed colleges and univer- County's number one industry, although it is I represent the 25th district of California, sities. now shipped throughout the world from Ven- which consists of three major areas: the Ante- The Central Coast has a long history which tura County's very own port of entry, the Port lope Valley, the northwest San Fernando Val- embraces the experiences of Spanish explor- of Hueneme. One of the country's two Seabee ley and the Santa Clarita Valley. Each of ers and missionaries, the Chumash Indians, a bases is in Ventura County, and the Navy's these areas has contributed a great deal to warm climate and a diverse blend of wildlife. test firing range for the Pacific Fleet is here. the heritage of our state. One small town is named Los Osos, or the But Ventura County also is helping to lead The Antelope Valley was first settled in Valley of the Bears, for the grizzly bears that California and the nation into a better future. 1886 by 50 to 60 families of Swiss and Ger- were once discovered by the explorers and Technological and biomedical firms, led by man descent. Desiring to reside in California, missionaries. Amgen, have sprouted up along the 101 cor- these families were told to travel until they In 1772, Father Junipero Serra, established ridor. With the opening of California State Uni- saw palm trees. Arriving in the Antelope Val- one of the first missions in the state, the Mis- versity, Channel Islands, in 2002, high-tech ley, they mistook the numerous Joshua trees sion San Luis Obispo de Tolosa because of firms will find yet another reason to locate for palm trees and settled, naming their new the region's unmatched beauty and natural re- here. And, the school's teaching college will town Palmenthal. This name was eventually sources. Known as the ``Jewel of the Central help the nation fulfill its commitment to our changed to that of the current city, Palmdale. Coast,'' San Luis Obispo is host to a variety children. The Antelope Valley has often been referred of natural wonders, including 80 miles of pris- Mr. Speaker, California is a state com- to as the Aerospace Capital of the United tine Pacific Ocean coastline, rolling green hills, promised of visionary people with diverse States. U.S. Air Force Plant 42, in Palmdale, and fresh blue lakes. backgrounds but with a common goal to suc- was the birthplace of the B±1 and B±2 Bomb- Also known for its rich Spanish heritage, ceed. Its future remains bright for another 150 ers, the SR±71 Blackbird, the space shuttle Santa Barbara is home to the ``Queen of Mis- years. and the next generation space shuttleÐthe X± sions,'' an 18th century Spanish-style mission, Mr. SHERMAN. Mr. Speaker, today I join 33. Also, the Boeing Co., Northrop-Grumman, after which much of the city's architecture and my 51 colleagues from the Great State of Cali- and Lockheed-Martin maintain production fa- style has been modeled. In fact, this cultural fornia to pay tribute to its 150th Statehood An- cilities here. The Antelope Valley's largest city, gift is celebrated each year with a week-long niversary and to the 24th Congressional Dis- Lancaster, is home to a first-class performing ``Fiesta,'' or ``Old Spanish Days,'' featuring au- trict, which I represent. arts theater and a popular minor league base- thentic food, music, and dance. From East to West, the 24th runs from ball team, the Lancaster Jethawks. Sherman Oaks, America's best-named city, to People from around the world make the In the 1930s and 1940s, the San Fernando Thousand Oaks, through the Las Virgenes Central Coast, my District, their vacation des- Valley was known as the ``Horse Capital of area to Malibu. It includes thriving business tination. I am proud to call it my home. California'' because many movie stars would Happy anniversary California! centers in the western San Fernando Valley come in from Hollywood to ride horses and Mr. GALLEGLY. Mr. Speaker, I rise to cele- and one of California's and the nation's most enjoy the slower rural pace of life. Even today, brate the sesquicentennial of California and treasured natural and recreational resources, in the smaller communities, such as the 23rd Congressional District of California's the Santa Monica Mountains. Chatsworth, it is not unusual to see horses role in the Golden State's past, present and The Santa Monica Mountains National tied to the hitching post out back of the Los future. Recreation Area is the most-often visited unit Long before California was admitted as the of our National Park System. Some 33 million Toros Mexican Restaurant or the Cowboy Pal- 31st state of the Union, Ventura County was American's visit her trails and beaches, some ace Saloon. home to Native Americans and Europeans. of the most beautiful in the world, every year. Since then the Valley has grown to become Father Junipero Serra founded one of his mis- Most impressive is its location. The Santa a major economic powerhouse in the Southern sions in Ventura, an area already known to Monica Mountains National Recreation Area is California area, home to more than 1 million the Chumash for its great fishing and abun- just a few-minutes drive from the major popu- people. Even the powerful Northridge Earth- dant flora. lation centers of Los AngelesÐits is our na- quake that hit on January 17, 1994, could not As California progressed through the 1800s tion's largest urban park. keep the Valley down. Residents of the Valley and early 20th Century, so did Ventura Coun- The residents of the Malibu and Las pulled together to rebuild their homes and the ty. First the stage coaches and then the rail- Virgenes areas are neighbors to this extraor- roads. It is now poised to become a city in road connecting Los Angeles to San Francisco dinary resource. It is truly a special place to and of itself. came over and through the Santa Susana live. The Santa Clarita Valley, located in between Pass, snaking along the Simi Valley, and on The San Fernando Valley, part of the City of the San Fernando and Antelope Valleys, has out to the coast. Many who passed through Los Angeles, is itself a large-sized city, with made many contributions to the history of both Ventura County were captured by the golden 1.4 million residents. If it were a city of its California and the United States. For thou- hills and lush soil. They stayed and raised cat- own, the San Fernando Valley would be the sands of years, the Valley served as a major tle, planted apricots and walnuts, citrus trees 6th largest U.S. city. It is richly diverse and a migration route for Native American groups as and avocados. great community to live and work in. Proudly, they traveled between the coast and the inte- Or, they harvested the soil in other ways. it would be by far the safest of America's 10 rior valleys and the great eastern deserts. This Black gold is also among Ventura County's largest cities. is the location of the first documented dis- riches, and you can actually see oil seeping Thousand Oaks, a community of more than covery of gold in California; the oldest existing out of the soil today as you drive up Highway 100,000 people, is also a wonderful place to oil refinery in the world; the first commercial oil 150 between Santa Paula and Ojai, and in work and live. It is an impressive community field in California; the third-longest railroad other parts of the county. and is also home to some of my district's most tunnel in the world at its completion in 1876; When Hollywood began to blossom in the distinguished employers, including the bio- and it is the location of one of the last ``treat Los Angeles hills, Ventura County became a technology giant, Amgen. train robberies'' in the United States. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7555 In the 1920s, William S. Hart and Tom Mix ployed at nearby defense plants lost their jobs the home of Cal Tech, one of the nation's pre- used the Santa Clarita Valley to create the tra- in the post-Cold War downsizing, while others mier research institutions where the scientists ditional Western film. The Western film indus- were laid off in August 1992 when the General and engineers work together with the Jet Pro- try continued growing through the decades Motors plant located in the heart of the District pulsion Laboratory on behalf of NASA to de- with actors such as Gary Cooper, Roy Rogers, in Van Nuys shut its doors. The magnitude of vise the latest techniques in space exploration. John Wayne and others. Our quaint little val- unemployment was dramatically illustrated in A few miles away, there is a different kind ley created the ideal background for great 1993, when a job fair held at the vacant GM of creativity at work in the many studios that Westerns such as the ``Lone Ranger,'' ``Wyatt site drew thousands of people. employee writers, set designers, actors and di- Earp,'' ``Annie Oakly,'' ``Gunsmoke'' and many Today, the worst of that economic crisis rectors who create America's favorite movies more. seems to be over. Unemployment in the area and television shows. The 27th District is As you can see, Mr. Speaker, the 25th dis- is down, as it is throughout Los Angeles home to Warner Brothers Studios, Walt Dis- trict has played a vital role in California's liveli- County, and a major commercial/manufac- ney Studios and numerous small entertain- hood. I am honored to represent this district turing development is rising where the GM ment companies. In fact even Jay Leno works and to have been a life-long resident of the plant once stood. In addition, the 26th District on his ``Tonight Show'' from NBC Studios lo- Golden State. From the days of the Gold continues to be home to a variety of manufac- cated in downtown Burbank. Rush, to the current times of the Silicon Val- turing facilities. It is an honor for me to represent the 27th ley, California has always had a major impact The Northridge earthquake of January 17, District of California in Congress and to join on U.S. history and the economy. Please join 1994 had its epicenter just west of the 26th with my colleagues in celebrating the me today in celebrating the Sesquicentennial and destroyed or damaged many homes, Seisquintennial Anniversary of our great state. of this great state. stores, factories and office buildings. In fact, Mr. DREIER. Mr. Speaker, the San Gabriel, Mr. BERMAN. Mr. Speaker, I rise today to the building that housed the 26th District Of- Pomona and Walnut Valleys are home to 17 honor the 150th birthday of the Great State of fice was among those that suffered damage cities and other communities in northeastern California, and to pay tribute to California's so extensive that it had to be torn down fol- Los Angeles County. It is home to the San 26th Congressional District, which I am hon- lowing the quake. A section of Interstate 405 Gabriel Mountains and the Angeles National ored to represent in Congress. The 26th Dis- within the District collapsed, a gas leak started ForestÐthe most visited part of our national trict is located in the Northeast San Fernando fires that consumed 70 homes in Sylmar and forest system. It's one of the few places in Valley and consists of the Golden State and an oil line exploded in San Fernando (where America where you can stand in warm and Hollywood Freeway corridors of the Valley, the quake flattened 63 homes and damaged comfortable 90-degree weather and look up at proceeding as far west as Van Nuys and the another 835.) After extensive rebuilding and a beautiful, snowcapped mountain such as San Diego Freeway. retrofitting, however, virtually all vestiges of Mount Baldy. Its history was recounted, with some cre- the damage have been repaired. Dating from the early days of Spanish set- ative license, in the movie Chinatown. Civic In the last 150 years, the San Fernando tlement in California, my district was home to leaders encouraged city engineer William Valley has changed from an empty open many ranchos and other agricultural settle- Mulholland to build a huge aqueduct from the stretch of land into a busy metropolis, filled ments. The complexion of the region changed Owens Valley to give Los Angeles water, and, with houses and businesses, office towers, little over many decades. The completion of in 1915, got the city to annex most of the Val- shopping centers, subdivisions and warehouse the railroad from Chicago late in the 19th cen- ley, large tracts of which they had already pur- buildings. The 26th District is home to the tury unleashed growth that would eventually chased. remake the entire region. With the advent of In addition to many neighborhoods of Los Academy of Television Arts and Sciences, access to the east, the San Gabriel Valley Angeles, the 26th District takes in the small which presents the annual Emmy Awards. began to boom. People flocked to the area in independent city of San Fernando, which is Among the notable alumni of the District are  search of better job prospects and a more home to the beautiful Mission San Fernando, actor Robert Redford, who attended Van Nuys Ä comfortable climate, and many small towns Rey de Espana. This historic building was es- High School, and rock 'n roll star Ritchie began to grow along the rail lines. Many of the tablished by Frey Fermin Francisco De Valens, of Pacoima. towns and cities in the San Gabriel Valley Lasuen on September 8, 1797 as one of a Mr. Speaker, California's 26th District is one today trace their roots to midwesterners who chain of missions built to convert the native of the fastest growing areas of Los Angeles. I settled in the area beginning in the late peoples to Christianity and to consolidate am very proud to represent its citizens in the Spanish power along the coast of California. United States House of Representatives. I ask 1800's. The traditions and values of those The Mission Church is an exact replica of the my colleagues to join the California Delegation early citizens can still be found today in the original church, which was built between 1804 today in celebrating the sesquicentennial of small-town atmosphere in cities from one end and 1806. The walls of the church are seven the Golden StateÐCalifornia. of the valley to the otherÐeven though the feet thick at the base and five feet thick at the Mr. ROGAN. Mr. Speaker, located just min- area is part of the sprawling Los Angeles top. The material used was adobe brick, and utes from downtown Los Angeles, the 27th megalopolis. those who built it were primarily the native District of California has an identity as colorful About the same time as the railroad comple- peoples, who were called the Gabrielinos or as the roses that adorn the floats of the locally tion, it was discovered that citrus fruits grew the Tongva. produced Tournament of Roses Parade. The well in the region's rich soil and warm climate. During the 1950s and 1960s, the 26th Dis- district sits between the Verdugo and San Ga- The Valleys became leading producers of or- trict was home to Holiday Lake at Hansen briel Mountains and encompasses the Foothill anges and lemons, as groves blanketed the Dam, one of the most popular spots in the en- communities of Glendale, Burbank, Pasadena, area. The citrus industry brought people and a tire San Fernando Valley for family outings. South Pasadena, San Marino, Sunland, booming economy which lasted until the sec- On weekends, the lake was filled with swim- Tujunga, La Canada, La Cresenta, Altadena ond World War. After the war, the citrus mers and boaters and the shores teemed with and a small portion of Los Angeles. groves gave way to housing tracts and grow- picnics and games. But in 1969 and again in The district boasts distinctive neighbor- ing suburbs. The area remains a diverse mix 1980, floods brought in millions of tons of hoods, a rich history and a vibrant cultural of residential areas and businesses, small and sand, gravel and silt to Hansen Dam, trans- scene. The ethnic diversity of the district is large. At the same time it is undergoing rapid forming the beautiful 130-acre lake into a one of its greatest assets and includes long demographic shifts as the diversity of Cali- swamp. With the demise of the lake, the other time White, African-American and Hispanic fornia continues with the arrival new immi- parts of the park fell into disrepair. communities along side growing numbers of grants from China, India, Mexico and a host of By the 1980's, the closing of the lake be- Koreans, Filipinos and the nation's largest Ar- other countries in Asia and Latin America and came a depressing symbol of overall neglect menian community. Another distinction is the elsewhere. in this low- to middle-income area. From the Spanish heritage reflected in the abundant Today the area is a blend of old and new. day I came to Congress, its restoration was mission-style architecture and landscaping that The San Gabriel Valley is home to showcase one of my highest priorities. In 1999, a fishing can be found throughout the district. events such as the annual Pasadena Tour- lake opened to paddle boats and rowboats Every New Year's Day, millions of Ameri- nament of Roses Parade and the Los Angeles and a swimming lake opened at Hansen Dam, cans tune in to see rose covered floats make County Fair. At the same time it is becoming making this area once again a central rec- their way down the streets of Pasadena in the a modern center for high technology. Firms reational area for Valley families. Tournament of Roses Parade and to watch headquartered in the region are at the cutting The 26th District was hard hit by the reces- two of the nation's top college football teams edge of engineering and construction, of inter- sion of the early 1990s. Many workers em- compete in the Rose Bowl. Pasadena is also net commerce, of computer hardware and of H7556 CONGRESSIONAL RECORD — HOUSE September 13, 2000 communications technology. The area is also population. In addition, there are large groups In closing, Mr. Speaker, I join my colleagues home to the world renowned City of Hope Na- of Armenian, Jewish, Russian, and Egyptian from the Golden State in celebrating Califor- tional Medical Center in Duarte and a number Americans who have made their home in the nia's 150 years of success and wishing my of outstanding institutions of higher learning, 30th CD. More than half of my constituents State continued prosperity. including the Claremont Colleges. The vibrant were born in other countries, adding yet an- Mr. DIXON. Mr. Speaker, my district lines economy is increasingly centered around tech- other dimension to this amazing mosaic of in- run from the Harbor Freeway past Baldwin nology and trade and our unique location at dividuals. Hills to Culver City; my district includes USC; the edge of the Pacific Rim. Whether visiting Hollywood, attending a California Science Center, Natural History Mu- Mr. WAXMAN. Mr. Speaker, it is a great Dodger game, or enjoying the culture and cui- seum of LA County; California African Amer- honor for me to represent the 29th Congres- sine of Koreatown and Chinatown, the 30th ican Museum, Petersen Automotive Museum; sional District, which is a mecca of creative CD is a joy to represent. The 30th CD is a and Sony Pictures Studio in Culver City. genius and one of the most celebrated dis- wonderful part of the great city of Los Ange- Los Angeles was little more than a frontier tricts in the country. les. Mr. Speaker, and my fellow colleagues, I town in the 1870s when members of the Meth- Whether you are enjoying the dazzling enthusiastically applaud the hard work and odist Episcopal Conference first sought to es- beaches, the celebrated Walk of Fame, the contributions of my constituents in the 30th tablish a university in the region. Today, the shopping on Rodeo Drive, or the magnificent CD, along with those of the other 51 congres- University of Southern California (USC), lo- Santa Monica Mountains, the beauty and di- sional districts who have helped make Cali- cated in the culturally and ethnically diverse versity of the 29th Congressional District cap- fornia what it was yesterday, what it is today, 32nd Congressional District, is, arguably, one tivate the imagination like no other place on and what it will be in the future . . . a new of the country's most preeminent international earth. frontier. centers of learning, enrolling more than 28,000 The 29th Congressional District is the Mr. MARTINEZ. Mr. Speaker, it gives me undergraduate, graduate, and professional world's entertainment capital. From the time great pride to rise tonight to celebrate the students. It ranks in the top ten percent of the first movie studio was created in 1911, State of California's sesquicentennial anniver- major research universities in the United creative visionaries and artisans have flocked sary. States. to this magical place. Today, thanks to the tal- For 150 years, California has been a vital The 32nd Congressional District is also ent and energy of the thousands of people in part of the United States. From the gold rush home to Sony Pictures Studios in Culver City, the district, the entertainment production in- to the high-tech rush, California has been a a major employer in the district, and formerly dustry is the nation's largest exporter. Inter- beacon for millions of our fellow countrymen the home of Metro-Goldwyn-Mayer (MGM), national sales of widely popular American who have staked a claim in the American one of the cradles of the motion picture indus- copyrighted works brings tens of billions of ad- dream. The Golden State is truly the en- try in the state. The 32nd also claims a great ditional dollars to our economy each year. chanted State, home to the entrepreneurial deal of movie history, including the little known spirit that has built our great Nation. The vision and inventive genius are also on fact that the much heralded 1939 blockbuster Mr. Speaker, the history of the 31st con- display in the myriad other businesses movie, ``Gone With the Wind,'' was filmed at gressional district located in the San Gabriel throughout the district, including high tech the historic David O. Selznick Studios, which firms, e-businesses, unique retail businesses Valley mirrors, in many ways, the history and growth of California. My district is one of the was located in Culver City. and restaurants, and entrepreneurial start-ups. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise most interesting and culturally diverse in the Not surprisingly, this community contains in honor of the 150th anniversary of the state- State. It includes parts of East Los Angeles some of the best informed, technologically and extends west to the foothills of the San hood of the great state of California. savvy, culturally progressive, and politically ac- On this historic occasion, is it fitting that we Gabriel mountains, encompassing the cities of tive people in the country. taking a moment to observe and celebrate the Monterey Park, Alhambra, San Gabriel, South Every year people travel from around the diverse and distinct cities and communities world to experience the magic of the 29th San Gabriel, Rosemead, El Monte, South El Monte, Baldwin Park, Irwindale and Azusa. throughout our state. Congressional District, a singular place where The city of San Gabriel is home to the his- The district that I am proud to represent and people's biggest dreams can come true. toric San Gabriel Mission, which was founded call home is the 33rd Congressional District of Mr. BECERRA. Mr. Speaker, I stand before in 1771 by Franciscan monks. The mission California. you proudly to congratulate California, the served as a major catalyst in the growth of The 33rd Congressional district is a vibrant, Golden State, on 150 trailblazing and indus- southern California. It was from the San Ga- diverse area encompassing metropolitan trious years. It is often said that ``as California briel Mission that 11 families left on Sep- downtown Los Angeles, including Boyle goes, so goes the nation,'' for we are a di- tember 4, 1881, to found El Pueblo De La Heights, Little Tokyo, Pico Union, and portions verse and forward-looking lot. Well, it might Reina De Los Angeles. Today, the San Ga- of Chinatown, Filipinotown, Koreatown, and also be said that as Los AngelesÐand specifi- briel is a bustling city, rich in culture and his- Westlake. The suburban portions of the district cally, the 30th CDÐgoes, so goes the nation, tory. include the cities of Bell, Bell Gardens, Com- because we are positively among the most El Monte, known as the end of the Sante Fe merce, Cudahy, Huntington Park, Maywood, richly multi-lingual and multi-cultural commu- Trail was the place where people traveling be- South Gate, and Vernon and parts of East Los nities in the world. I am proud to represent a tween San Bernardino and Los Angeles Angeles, Walnut Park and Florence. district steeped in tradition with landmark com- stopped. Gold prospectors heading for the The 33rd Congressional district houses the munities such as: Koreatown, Chinatown, gold fields in northern California stopped here civic center of Los Angeles, including the Eagle Rock, Atwater Village, Cypress Park, before continuing on their trek. El Monte is area's courthouses, Los Angeles City Hall, the Glassel Park, Highland Park, Montecito today the largest city in my district. El Monte offices of the Los Angeles County Board of Heights, El Sereno, Echo Park, Silver Lake, is home to hard working families who take Supervisors, Los Angeles Police Department, Mount Washington, Monterey Hills, Elysian pride in their community and heritage. Los Angeles Unified School District, Metropoli- Valley, Lincoln Heights, Boyle Heights, Mid- Mr. Speaker, the city of Monterey Park, tan Transit Authority, and Immigration and Wilshire, and East Hollywood. My district sur- which was originally inhabited by Shoshone Naturalization Service. rounds downtown to the North, West, and Indians, is at the turn of the 21st century the In addition, the 33rd Congressional district East, and contains landmark institutions home for one of the largest Asian-American boasts a multitude of cultural attractions and known to everyone such as the Southwest communities in the country. Chinese, Tai- resources. The Dorothy Chandler Pavilion, Museum, Los Angeles City College, Occi- wanese, and Vietnamese shops, restaurants, Shrine Auditorium, Latino Museum, Chinese dental College, Children's Hospital and the and import centers are present throughout the American Museum, Japanese American Na- Los Angeles County-University of Southern city. tional Museum, and the Museum of Contem- California Medical Center. Mr. Speaker, all the cities in my district have porary Art are located in my congressional dis- Specifically, my district contains over their own distinctive character and unique trict. In addition, the new Our Lady of the An- 573,000 people which, much like the city of place in the history of southern California. Dur- geles Cathedral is being built in the center of Los Angeles, is home to a multiplicity of lan- ing the past 150 years, the San Gabriel Valley downtown Los Angeles. guages spoken. Like California, my district is has played an important role in the develop- Our community also reflects the rich history now a majority-minority region where the num- ment of the region, and the valley is indeed of the state of California. The district is home ber of ethnic minorities, including significant extremely well-positioned to continued as vital to such historic sites such as Union Station, numbers of Latino and Asian American resi- player in the prosperity of Los Angeles County Olvera Street Plaza and the Broadway theater dents, actually form the majority of the total and southern California. district. In fact, on September 4th of this year, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7557 the city of Los Angeles celebrated its 219th At the end of World War II the sudden de- The city of Carson has a strong Spanish birthday. mand in housing for returning veterans from presence and is home to Dominguez Rancho The residents of 33rd Congressional district throughout the country desiring to raise their Adobe, built in 1826. The Goodyear blimp reflect the wonderful diversity of our State. young families and populate the massive eco- ``Eagle'' also calls Carson home. Goodyear's There is a mixture of newly-arrived immigrants nomic engine of industrial Los Angeles at- blimp logs over 400,000 air miles per year and families and a strong, established Hispanic tracted developers to these peaceful and have adorned the skies of Southern California community. Ethnic enclaves, like Chinatown, pleasant locales. New homes, schools and as a very visible corporate symbol of the tire Koreatown, and Japantown, house specialty churches were built and soon these local com- and rubber company. stores and restaurants that cater to the area's munities began to incorporate into new cities. The Los Angeles community of Watts is thriving Asian community. All of these communities share a proud history home to the Watts Towers. Created by Simon Recently, the 33rd Congressional district of the development of the ``Golden State'' and Rodia, the towers rise over one hundred feet proudly hosted the Democratic National Con- each has a unique and special historical herit- tall. Composed of structural steel rods and cir- vention. The convention gave Los Angeles age. cular hoops connected by spokes, the towers and its residents an opportunity to showcase California is indeed the greatest state, in incorporate a sparkling mosaic of found mate- our city to the hundreds of thousands of visi- population, economy, diversity and worldwide rials including pottery, seashells, and glass. tors as well as the millions who watched the cultural influence. Its magnificent coastal Rodia's house, destroyed by fire in 1957, re- proceedings on television. The DNC took areas, majestic mountain ranges, fabulously sided within the complex. place at the recently-opened Staples Center, fertile agricultural valleys, vast pristine deserts, Declared hazardous by the city of Los An- which also serves as the home for the Los An- bespeak an unequaled wealth of environ- geles, the towers were threatened with demoli- geles Kings, Lakers and the Clippers. mental diversity. The Great Golden State was, tion until an engineer's stress test proved I am extremely proud of all that the 33rd is and will always be the treasure chest of the them structurally sound. They have since been Congressional district has to offer and de- American experience renowned the world designated a cultural monument. lighted to sing its praises on the 150th birth- over. For every Californian, native and immi- The city of Long Beach has a past deep in day of our great state, the State of California. grant, our motto ``Eureka'' says it all ``I have Spanish history. Created by a land grant given Mrs. NAPOLITANO. Mr. Speaker, on this found it!'' to soldier Manuel Nieto, the city was planned Sesquicentennial Anniversary of California's Put another candle on our birthday cake, we out in 1882 as Willmore City by developer admission to the Union, I am filled with tre- are 150 years old today? God bless California. Williman Willmore, and a new town began mendous pride and a deep sense of honor to Felicidades California? forming along the coast. Long Beach serves represent the people of my Thirty-fourth Con- Mr. KUYKENDALL. Mr. Speaker, today I as home to the historic Queen Mary. gressional District, composed of the cities and recognize the 150th anniversary of California's Partially adjacent to Long Beach is the com- communities in the Southeast and San Gabriel statehood. On September 9, 1850, California munity of Habor Gateway and serves as the Valley areas of Los Angeles County including was admitted to the Union as the nation's 31st entrance to the Los Angeles port area. People the City of Industry, East Los Angeles, Haci- state. Much has changed over the last 150 from around the world visit and call the South enda Heights, La Puente, Montebello, Nor- years, but California still remains one of the Bay area home. I am proud to call the 37th walk, Pico Rivera, Santa Fe Springs, and world's natural treasures. Congressional District home. Whittier. At the time of California's entry into the Happy Anniversary California! Our district is a part of Southern California Union, the population for Los Angeles num- Mr. HORN. Mr. Speaker, as we celebrate that is rich in diversity and historical signifi- bered 3,530. As Los Angeles developed and California's 150th anniversary of statehood, cance from the earliest days through the mod- expanded, so did the South Bay. I am proud this is a good time to reflect on the vast ern era. In the heart of the 34th district, is the that the natural beauty of the South Bay re- change that has occurred in this former Span- home of Pio Pico, the last governor of Mexi- mained unchanged over the last 150 years. ish Colony. Since California was admitted into can California before the American takeover in The shoreline is our livelihood, as California is the Union as the nation's 31st state on Sep- 1846. One of California's most remarkable his- the gateway to the West. tember 9, 1850, the state has grown to be- torical figures, he witnessed and helped shape We are rich in cultural diversity with a popu- come the world's fifth largest economy. nearly a century of California history. Governor lation of all races and creeds from throughout California's history before and after state- Pico's ancestry includes a mixture of the world. California's natural resources are hood includes vital contributions by Hispanics ethnicities, including Mexican, African, Indian numerous, with some of the most breathtaking and Native Americans. One of the most impor- and Italian. He built a mansion on what is now landscape in the world. From agriculture to e- tant has been the system of 21 missions a three-acre state park located in Whittier, that commerce, we are a leader in all areas of founded by Father Junipero Serra that began was once the headquarters of his sprawling business. California's 150 years as a state in San Diego and extended over 600 miles to 8,891-acre ranch. Twice the governor of the embody the American experience, one of the the north. The contributions of the missions in Mexican State, his life spanned a remarkable growth and vision. education and in producing clothing and food era that saw the Spanish, Mexican and Amer- I congratulate all Californians on this mile- were integral in California's early development. ican flags fly over his native Alta California. stone. We have much to celebrate. The state California has often been referred to as a Early in the American era, Whittier also be- of California is a model to the nation. I hope bellwether stateÐa place where people chal- came the home to a vibrant community of the next 150 years are as dynamic as the first lenge the assumptions of the present to give Quakers. It was from this community in a later 150. America a glimpse of the future. This is fitting generation that our Thirty-seventh President of Ms. MILLENDER-MCDONALD. Mr. Speaker, for a state settled by far-sighted, brave individ- the United States, Richard M. Nixon, was edu- I rise with great pride because September 9th uals willing to risk everything for a second cated at Whittier College. After service in the marked the 150th anniversary of California's chance. Americans and others from around United States Navy during World War II, he admission to the union. The United States the world have seen California as a place to returned to the area to begin his political ca- Postal Service is reissuing its California State- seek a better life. When Los Angeles was reer and was elected to Congress in 1946. hood stamp to honor this event. And all of the founded in 1781, its residents included people San Gabriel Mission founded by Blessed 52 members of the California delegation have of European, African, and Native American Junipero Serra, a Franciscan missionary from come together to pay tribute to an important ethnic backgrounds. Chinese immigrants built Mallorca, Spain, administered the vast lands part of our history in the United States. railroads and agricultural infrastructure in the composing what we know as the ``Los Angeles As the Representative of the 37th District of 19th Century. In the 1880's the first direct rail basin,'' and which were later parceled out into California and long time resident of this great connection between Southern California and sprawling ranchos to land-grantees during the state, I am happy to join this effort to pay the East brought hundreds of thousands to the Spanish and Mexican eras. Following the ran- homage to our historical leaders who had the Southland. cho era when cattle was the principal eco- wisdom to form one union of the United In the 38th District, the historical attractions nomic endeavor, these fabulously fertile lands States. include Rancho Los Cerritos, an 1884 colonial brought forth rich agricultural commodities in- My district in particular has made wonderful style-adobe that was once a working cattle cluding citrus, avocado and walnut groves, contributions to the state of California over the ranch, and Rancho Los Alamitos Historic bean fields and dairy land. Eventually major oil past 150 years. The South Bay area has a Ranch and Gardens, which was built in 1806. reserves were discovered in what is now long and distinguished history that is unique The port of Long Beach is home to the historic Santa Fe Springs and Montebello, which con- and embraces the essence of Southern Cali- Queen Mary, once called the Queen of the At- tinue producing to this day. fornia. lantic and arguably the most famous ship in H7558 CONGRESSIONAL RECORD — HOUSE September 13, 2000 history. The Queen Mary began its maiden and Santa Fe railroads, and then by Route 66, The international airport in Ontario is quickly voyage in 1936, served as Winston Churchill's the Mother Road that is still celebrated by tens becoming a major airport hub for passengers seaborne headquarters, and played a part in of thousands of people at events in Barstow and cargo heading overseas. Pomona is the the major Allied campaign of the Second and San Bernardino. host of the Los Angeles County Fair each World War. Long Beach is also home to the The 40th Congressional District today year. Yorba Linda is the birthplace and resting Boeing C±17 military transport plant and the boasts the highest point and lowest point in place for former President, Richard Nixon, and Sea Launch base that sends satellites into the ``lower 48'' states. Mount Whitney, at home to the Nixon Presidential Library. The space. Additionally, the Apollo space capsules 14,495 feet, is the highest peak along the tow- 41st District is also the home of California and the space shuttles were built at the NASA ering mountain chain known as the Sierra Ne- State Polytechnic University, Pomona. The plant in the city of Downey. vada. The lowest point at 282 feet below sea Collins School of Hospitality Management at This 150th anniversary celebration of Cali- level, is the Badwater area of the desolately Cal Poly Pomona is considered to be among fornia's statehood is as much an occasion to beautiful Death Valley National Park. The two the top ten hospitality management schools in look forward to the future as to reflect on the points are among many that make the district the United States. past. If we live up to our state's long tradition an outdoor recreation paradise. Other desert I am very proud to be a resident and the of progress, diversity, and national and inter- parks include Joshua Tree National Park and Representative of the 41st District of Cali- national leadership, California can look for- Mojava National Preserve. The Owens Valley, fornia. It is with great pride that I recognize the ward to another 150 years of success. where the mountains meet the desert, is the Sesquicentennial of California, the greatest Mr. ROYCE. Mr. Speaker, I rise to pay trib- gateway to such nationally known treasures as State in the Union. ute to the 150th anniversary of the founding of Sequoia National Park and the Mammoth Mr. BACA. Mr. Speaker, this year we cele- the golden State of California. Lakes ski resorts. brate California's 150th anniversary of the From the port of Long Beach to the North Southern California residents known that state's admission to the union. The 42nd Con- Orange County region, the 39th Congressional they can find world-class skiing and summer gressional district of California has undergone District is one of the many examples of the hiking trails much closer to home, in the 40th many changes over the years. state's remarkable diversity. This area was District's San Bernardino Mountains, which For many years San Bernardino was the once thriving farmland, rich in oranges, lem- provide a snow-capped backdrop to the sunny gateway to the Los Angeles Basin, situated on ons, avocados, and walnuts. Agriculture was Southland. Tucked under those mountains are flat land where the route through the twisting, the first important industry. With orange some of the nation's fastest growing commu- windy Cajon Pass took passengers on the groves being so abundant, Orange County nities. Santa Fe Railroad and motorists on U.S. 66 was named after the fruit. Mr. Speaker, the 40th Congressional District from the hot and dusty high desert to the Many industrious individuals flocked to this makes a huge contribution to our nation's de- greener, tree-lined basin. area, like Walter Knott, who began the Knott fense as the home of the Army's National There were orange groves around the little legacy in Buena Park. He used to sell jams Training Center at Fort Irwin, the Marine railroad towns and vineyards to the west; this and jellies at a roadside stand. Mrs. Knott Corps Air-Command Combat Center at was an agricultural zone until World War II, began serving up fried chicken dinners to Twentynine Palms, Edwards Air Force Base when Henry J. Kaiser built the West Coast's those waiting in the lines, and they soon and China Lake Naval Air Warfare Center. first major steel mill between the Santa Fe and added a restaurant to accommodate more Two recently closed installationsÐGeorge Air Southern Pacific lines in Fontana, just west of people. Force and Norton Air Force BasesÐare being San Bernardino. Mr. Knott wanted to build something as a transformed into new commercial air hubs to In the 1950's Ray Kroc traveled to California tribute to the Old West and the pioneers who handle the region's burgeoning air cargo and upon hearing about the McDonald's ham- paved the way. The idea of a ghost town was passenger needs. burger stand in San Bernardino running eight born, which eventually evolved into the Knott's The 40th Congressional District has a Multimixers at a time. Kroc had never seen so Berry Farm amusement park. Its original pur- wealth of universities and colleges, including many people served so fast. Kroc pitched the pose was to educate and entertain and it still fast-growing California State University, San idea of opening up several restaurants to Dick does today. Bernardino, the prestigious University of Red- and Mac McDonald. Today the restaurant is The district has undergone tremendous lands, and Loma Linda University and Medical an international chain. growth since the days of the orange groves. Center, known nationally for its infant heart In the 1990's the region weathered military The neighboring metropolis of Los Angeles transplant program and for the first proton base closures and realignments, as well as burst at the seams and the population spilled beam accelerator used in ground-breaking aerospace firm downsizing. But we have re- across the rural valley. In its wake, the farm- cancer treatment. built, and today the Inland Empire has a thriv- lands were replaced by an urban landscape of Mr. Speaker, from the discovery and mining ing economy and is projected to be one of the homes, shopping malls, and industrial parks. of gold and silver to the training ground for fastest-growing areas in the United States. Today, Orange County is home to a vast Gen. George S. Patton's World War II tank Today the region has great strengthsÐWe number of major industries, the most promi- brigades, the 40th Congressional District's his- have inexpensive land, extensive transpor- nent being the high-tech, telecommunications, tory is intertwined with California's and the na- tation systems, including trucking hubs, a and entertainment industries. tion's. It is an honor to represent a district that large employment pool, low unemployment, Throughout its existence, this area has con- contains such a wealth of resources, and such strong growth in construction, distribution, and tinued to thrive. No other environment is more hard-working, forward-looking constituents. manufacturing industries, and 23 colleges and conducive to innovation and creativity than this Mr. GARY MILLER of California. Mr. Speak- universities, which are engaged in cutting sun-blessed region of Southern California. er, I rise today to recognize the Sesquicenten- edge research, including CE±CERT at U.C. Mr. LEWIS of California. Mr. Speaker, as nial of the great State of California's admit- Riverside, which is doing research on auto- California celebrates the 150th anniversary of tance to the Union. This event took place on motive technologies of the future. statehood, I would like to share with my col- September 9, 1850 and made California the IVDA/San Bernardino International Airport is leagues a little of the history and special char- 31st State of the United States of America. poised to turn Norton Air Force Base into a acteristics of the 40th Congressional DistrictÐ The 41st District, which I represent, is part high-tech incubator, through legislation I au- the largest in the stateÐwhich I am proud to of what makes California special. It is centered thored to provide tax incentives to businesses represent. That history stretches long before in the area that is known as the Inland Empire (AB 3, 1998). We hope to create 15,000 high- California became a stateÐand indeed long on the point where Los Angeles, San tech jobs in our region through incentives as before the history of the West was recorded. Bernardino and Orange Counties come to- a result of that legislation, such as 15 year net The 40th district stretches from the peaks of gether. Decades ago, it was home to mostly operating loss carryover, sales and use tax the Eastern Sierra Nevada to the fast-growing orange groves, farmers and dairymen. But credits, expedited permit processing, and the cities of the San Bernardino Valley, on the during the 1980's, the Inland Empire devel- creation of local incentives for employers. eastern edge of the Southern California urban oped into a booming economic region as a re- We are also working to create a regional area. The heart of the district is the Mojava sult of the expansion California experienced in partnership with Orange County to make San Desert, which has long been known as a gate- that time. Bernardino International Airport viable for busi- way to the Pacific Coast since the Mohava In- This district is home to many terrific cities nesses. dians forged a trail west from the Colorado including Chino, Chino Hills, Upland Montclair, California and the Inland Empire will be a River to trade with coastal tribes. The route Walnut, Diamond Bar, Brea, Rowland Heights, hub for the commercial space business and eventually was followed by the Union Pacific Ontario, Pomona, Yorba Linda and Plancentia. industries of the future. High technology will September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7559 be the key, in this decade and in the next 150 region. The site was established as a campus statehood in 1850, the residents became U.S. years of our state. of the University of California fewer than 50 citizens. By the late 1800's the railroads had Scientists are working on advances that years later in 1954. Today, the University of become part of the landscape, transporting push the frontiers of science, such as new de- California at Riverside has earned a reputation new arrivals to the coastal regions of southern vices that can store the content of the Library as one of the pre-eminent teaching and re- California. Some never got that far, instead of Congress on a computer the size of a sugar search institutes in the world. making their home in what is now Riverside cube, and robots no bigger than a thumbnail. Agriculture continues to be a cornerstone of County. As a member of the Science Committee, I UC Riverside as California continues as the have been pleased to support these efforts. nation's top agriculture state, a position it has From the beginning, the Cahuilla people had This research will have very real benefits for held for more than 50 years. From Humboldt recognized the restorative powers and healing California and the Inland Empire in terms of County in the north to Imperial County in the benefits of the agua caliente or ``hot waters'' of job creation and economic growth. If anyone South, California agriculture is a blend of val- the desert springs. Soon, residents and visi- has any doubts, look at the Internet. The Inter- leys, foothills, coastal areas and deserts tors made the pilgrimage to Palm Springs to net started as a federal research tool, and is where a bounty of superior agricultural prod- soak in the hot springs and find comfort in the responsible for one of the longest economic ucts unmatched anywhere in the world grow. dry desert climate. Enterprising farmers in the booms in history. My home district also offers up its beautiful Coachella Valley began raising dates, grapes In addition to the above initiatives, we will architecture to those who visit. Its ``Mediterra- and other crops that could withstand the dry continue to work on projects such as com- nean image'' derives from the many examples conditions and often searing desert heat. pleting the Alameda Corridor, making it a of fine architecture in the California Mission During the same period, the Hemet and San route that ultimately could link us with Mexico; Revival and Spanish Colonial styles that grace bringing high speed rail to the Inland Empire, its landscape. The best known example being Jacinto Valley attracted farmers and ranchers and creating an Inland Empire distribution cen- the Historic Mission Inn, in the City of River- to its rich and productive lands. Cattle ter. We are building Tech Park, a 120-acre side, which was built between 1902 and 1932 ranches, citrus groves, and a variety of dif- business park to house high tech businesses. by Frank A. Miller and his partner Henry Hun- ferent types of produce thrived in this fertile We are also working to revitalize downtown tington. Bette Davis and Humphrey Bogart valley. But, as in all of southern California, the San Bernardino with a new courthouse, were married there. Teddy Roosevelt was its need for a steady supply of water limited the through SB 35 (Baca), which provides local first Presidential guest. Richard and Pat Nixon agricultural growth of the entire region. funding, and we have been working on federal exchanged wedding vows at the Inn. Ronald Today, most Americans would have a dif- funds. and Nancy Reagan began their honeymoon in ficult time imagining the southern California of In summary, it has been a long road from its Presidential Suite. our not so distant past. The miracle that the hot and dusty origins of our area to the Mr. Speaker, the 43rd District has obviously changed the landscape was the introduction of thriving high-tech future. But as our state cele- seen rapid growth and change over the past a reliable source of water for irrigation and de- brates its 150th anniversary, we have many 150 years. We are proud to join our other velopment. Shortly after the turn of the cen- changes to look back on. Our past achieve- friends across California in celebrating our tury, that need resulted in the creation of the ments are filled with pride, our future promise great fortune and success as a State. Cali- is great. fornia is guaranteed to continue as corner- Salton Sea when the Colorado River breached Mr. CALVERT. Mr. Speaker, I rise today stone of agriculture, education and industry in the holding dikes that had been constructed to with the whole of my delegation to commemo- the next 150 years to come. Happy Birthday route fresh water for irrigation to the eastern rate the 150th anniversary of the great state of California! Coachella Valley. With the creation of the Sea California joining the United States of America. Mrs. BONO. Mr. Speaker, in many ways, and the establishment of efficient irrigation As the 31st state to join the union, nobody at California's 44th District represents the Golden systems the unthinkable happened. A once the time could have predicted the incredible State as a whole. Rich in its geographic, envi- hostile desert became a rich agricultural cen- breadth of agriculture, business, military prow- ronmental and cultural diversity, this area with- ter. And with the new political clout enjoyed by ess or diversity that California would and con- in what is now known as the ``Inland Empire,'' the southern California water districts and de- tinues to contribute to the nation. has a vibrant past and promising future. The partments, eastern Riverside County found a My own small corner of California, anything district contains towering alpine peaks and for- dependable source of water for its residents but small really, encompasses western River- ests, arid expanses of unforgiving desert, rich and agricultural concerns. side County, including the cities of Riverside, agricultural fieldsÐeven beaches at the great As the population grew in southern Cali- Corona, Norco, Lake Elsinore and Murrieta. In inland Salton Sea and on the banks of the fornia, so did the reputation of the Hemet/San fact, Riverside County is the fourth largest mighty Colorado River. Today, this region has county in the state, stretching nearly 200 miles fulfilled the vision of early settlers and exceed- Jacinto and Coachella Valleys. Hemet became across and comprising over 7,200 square ed expectations of even the most optimistic a favored destination for those seeking space, miles of fertile river valleys, low deserts, boosters. fresh air and community. The area around mountains, foothills and rolling plains. Be- The 44th District was first home to the Palm Springs became a favorite vacation spot tween 1980 and 1990, the number of resi- southern California's indigenous desert tribal for luminaries as varied as Albert Einstein and dents grew by over 76%, making Riverside the peopleÐthe Cahuilla Indians. From the high Errol Flynn. Hollywood discovered the desert fastest-growing County in California. By 1992, mountain peaks of Mt. San Jacinto to the resort region and flocked to Palm Springs for the County was ``home'' to over 1.3 million depths of the Salton Sink, these tribal bands sun, tennis, bathing, and later, golf. The region residentsÐmore than the entire population of lived in harmony with a sometimes harsh but thrived and the population grew fast. By the 13 states, among them Maine, Nevada, Ha- amazingly rich environment. The Cahuilla cul- middle of the last century, Palm Springs had waii and New Hampshire. ture is still a respected part of the current become world renowned as a vacation haven. Of course I would be lax in my position as desert community, and their magnificent Indian Following WWII, the growth in southern the Representative to the 43rd Congressional Canyons stand as a testament to their sound California continued at an unprecedented District if I did not add that it is also the most stewardship of these native lands. The pace. The Inland Empire had not yet received impressive district in California. Founded in Cahuilla people welcomed the Spanish explor- its status as one of the fastest growing regions 1870 by John W. North and the Southern Cali- ers who were the first westerners to travel fornia Colony Association, the City of River- deep into the southern deserts, sharing the in the country, but, it was enjoying steady and side took off and has never looked back. In its trails and watering holes that meant the dif- significant population increases. Improved infancy Riverside became known for its many ference between life and death in the forbid- water delivery systems and infrastructure en- citrus groves, palm lined avenues and wide ding expanse. abled the eastern Riverside County region to array of subtropical shade. The region became Later, settlers from first Mexico and later the handle the rapid expansion. From a few famous for its citrus and horticultural industries United States traveled to the regionÐmost es- sleepy desert towns, the Coachella Valley that over time gave way to military and indus- tablishing rancheros and farms as the earliest transformed itself into nine separate munici- trial growth, and education. economic enterprises. These hardy souls palities with nearly a quarter million resi- In fact, in 1907, Riverside became the home fought against unimaginable hardships to dentsÐseemingly overnight. The communities to the University of California Citrus Experi- carve out a living in this arid and sometimes of Hemet and San Jacinto, along with many ment Station, sponsoring wide-ranging re- hostile environment. But, they persisted, and smaller cities in the valley and pass region be- search that greatly benefited agriculture in the some thrived. When California was granted tween the city of Riverside and the southern H7560 CONGRESSIONAL RECORD — HOUSE September 13, 2000 deserts also grew. However, these commu- hosting the first U.S. Surfing Championships in where I serve on the Advisory Board of the nities had been established earlier as residen- 1959 and major national and international surf- world-class Brain Imaging Center, and Chap- tial centers and their growth was not as dra- ing events since then. man University, on whose Board of Trustees I matic. The city of Temecula and the sur- Just as with World War II, the Huntington serve. Orange County has also been home to rounding countryside became a rich wine pro- Beach area played a major role in winning the the world-famous Festival of the Arts and Pag- ducing center, with several local wineries Cold War, providing the home for much of the eant of the Masters for 68 years. In addition, achieving international prominence. nation's aerospace industry. Famous cor- Laguna Beach, the southernmost point in my As California celebrates its sesquicenten- porate names from the past: Douglas Aircraft district, is a year-round haven for artists and nial, the Inland Empire and the 44th district (later McDonnell Douglas) and North American craftsmen, and its entire coastline has been have achieved an important place in the his- Rockwell have come under the umbrella of the declared a ``Marine Life Refuge'' to protect tory and future of the Golden State. The Boeing Corporation, which today is by far the and preserve the rich variety of marine life growth continues, the economic expansion is region's largest employer and still plays a forms for all to observe and enjoy. strong, and the diversity of the people and the major role in producing aircraft, satellites and The Anaheim Angels baseball team and the environment prevail. The history of this great rockets for both our both our military and our Anaheim Mighty Ducks hockey team make state is made rich through the contributions of nation's space program. their homes in my district. The Anaheim Pond, individuals too numerous to list here, but to It's appropriate that an area so closely iden- home of the Ducks, is also the second most the people who chose to make southeastern tified with our nation's freedom became the active concert venue in America, behind only California home their stories and names are final destination for a majority of Vietnamese Madison Square Garden. Finally, Orange familiar. As the inscription on the Capitol refugees escaping communism after the Viet- County is home to the Ronald Reagan Federal Building in Sacramento, California, reads: Give nam War. The 45th District is home to Little Courthouse, authorized in legislation I wrote me men to match my mountains; the people Saigon, the heart of the largest concentration as a member of the House Public Works who built the communities of the 44th Con- of Vietnamese people in the world outside of Committee in 1992. Once again, it is with gressional District reflect that greatness and Vietnam. great pride that I stand here today to mark grand vision. Today, as we honor the great Mr. Speaker, I am proud to represent a dis- 150 years of prosperity and leadership for the state of California on the occasion of her trict that represents our nation's finest tradi- great state or California, and to recognize Or- 150th anniversary, we honor also the memory tions in not only serving our country in the ange County's important role in our state's his- of all those who contributed to her story. I cause of freedom, but also in knowing how to tory and future success. want to extend special recognition to the peo- have a good time. The 45th District epitomizes Mr. PACKARD. Mr. Speaker, today I would ple of California's 44th district, past and my own personal mottoÐ``Fighting for Free- like to take a moment to recognize the great present, who made their personal commitment dom and Having Fun.'' State of California. One hundred and fifty to the Golden State. Mr. COX. Mr. Speaker, it is with great pride years ago, California became a part of the Mr. ROHRABACHER. Mr. Speaker, when that I rise today to celebrate the sesquicenten- United States of America. On September 9, California was admitted as a state 150 years nial anniversary of statehood for the great 1850, President Millard Fillmore signed a bill ago, Southern California paled in comparison state of California. For 12 years, I have had admitting California as the 31st State in the to the northern part of the state, which was fa- the privilege to represent the 47th Congres- Union. In the early 1800's, settlers very slowly fil- mous for the gold rush and the new City of sional district, which is nestled in the heart of tered into California until 1848, when gold was San Francisco. The 45th Congressional Dis- Orange County. Our State was created out of discovered at Sutter's Mill. Suddenly, people trict and surrounding areas hardly qualified territory ceded to the United States by Mexico from all over the world looking to strike it rich even as a rural backwater, being made up pri- in the Treaty of Guadalupe Hidalgo. It officially flooded through San Francisco. They traveled marily of swamps and cattle ranches. In the became the 31st State in 1850 with a popu- up the Sacramento River to the gold fields. It late 1800's farming gradually replaced ranch- lation of 92,597. was this discovery of gold that hastened Cali- ing and spurred the conversion of coastal Orange County was created in 1889, after fornia's statehood. swamps and river flood plains into habitable residents of the southern part of then Los An- In September 1849 a convention met at land. Huntington Beach, which is today a geles County felt they were not getting the at- Monterey and adopted a state constitution. booming city of over 200,000 people that tention they deserved from county officials and The constitution was approved by popular vote forms the core of the 45th District, didn't even wanted a county seat nearer home. Santa on November 13, and on December 15 the get its start until 1902, when a group of farm- Ana, which had grown recently due to the dis- first legislature met at San Jose to create an ers and other investors decided to found ``Pa- covery of silver in the Santa Ana Mountains, unofficial state government. The Compromise cific City'' in an attempt to emulate the suc- was named the county seat. Measures of 1850, a series of congressional cess of Atlantic City on the East Coast. This Today, with a population of nearly 3 million acts passed during August and September venture then got bought out by a group of Los people and an annual economic output of over 1850, admitted California as a free, or Angeles businessmen headed by Henry Hun- $110 billion, Orange County is one of the most nonslave, state. On September 9, 1850, Cali- tington, in whose honor the town was re- successful and diverse hi-tech centers of com- fornia became the 31st state in the Union. The named when he brought his Pacific Electric merce in the world. Its economy is larger than state capital was moved successively from Railway into town. all but 31 nations in the worldÐranking ahead San Jose to Monterey, Vallejo, and Benicia. In The area that became the 45th District of Israel, Portugal, and Singapore. Orange 1854 it was located permanently at Sac- gained in population as tourism, the oil indus- County's diverse population is larger than 20 ramento. try, and world war each took their turn as a states, and its economy is bigger than 25 The 48th District of California, which I rep- spur to local growth. Our area played a major states. It is one of California's top exporting resent, was created in 1982 after the 1980 role in winning World War II, serving as the regions, behind only Silicon Valley and Los Census. It has been described as the most site for both the Seal Beach Naval Weapons Angeles, and tied with San Francisco. Orange agreeable climate in the continental United Station, which even today supplies a major County exports more than $12 billion worth of States. This district has the beautiful scenery, portion of the Navy's firepower and the Santa goods each year, from computers to state-of- which is typical of California. The location oc- Ana Army Airfield. This airfield was the staging the-art medical equipment, biotechnology, and cupies the southernmost portion of Orange ground for G.I.'s shipping to the war from other ultra-sophisticated technological goods. County, the North County part of San Diego around the country, and can be credited in In just the last three years, high-tech exports County and a small slice of Riverside County, and of itself as a major spur to Orange Coun- from Orange County companies have grown the instant town of Temecula. It includes the ty's population growth as G.I.'s experienced by 53 percent. seaside communities of San Clemente and the pleasant Southern California climate first Orange County is home to some of the San Juan Capistrano, where the swallows fa- hand and many moved their families there most beautiful beaches in the world, stretching mously return every year. The well-known Old after the war. Although this huge airfield was for miles along the Pacific Ocean between Los Spanish Mission at San Juan Capistrano is lo- decommissioned after the war, the land on Angeles and San Diego. The ``Places Rated cated in the quaint little town located above which it sat was put to good useÐit is now the Almanac'' has selected Orange County as the the shores of the Pacific, halfway between site of John Wayne Airport, the Orange Coun- best place to live in the nation, ahead of more San Diego and Los Angeles. ty Fairgrounds and Orange Coast College. than 350 other metropolitan areas. Orange Inland, there are the newer communities of Huntington Beach has become known dur- County is a national center for higher edu- Mission Viejo and Laguna Niguel; just south of ing the last half of the 20th Century as ``Surf cation. Universities and colleges in my district Pendleton in San Diego County are Ocean- City,'' becoming the nation's prime area, include the University of California, Irvine, side and Vista. Farther inland amid the hills September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7561 are Fallbrook and, in Riverside County, If cultural arts are on your agenda, San Salk Institute, where scientists from around Temecula, in the mid-1980s a corner-grocery Diego has set the stage for such incredible the world come to study and make scientific town serving a vineyard district, now the cen- Broadway productions as ``Damn, Yankees'' breakthroughs. Marine biologists enjoy the ac- ter of an area with 100,000 people, mostly and a revision of ``Hair'' from creative play- cess to the sea from their perch in La Jolla commuters to Orange County and Riverside houses like the La Jolla Playhouse and the and contribute to the Stephen Birch/Scripps attracted by low-priced homes and traditional Old Globe Theater in Balboa Park. Each Sep- Aquarium. values. Growth has been and continues to be tember for a weekend, the streets of down- Dr. Roger Revelle established a name and a factor in this area of southern California. town San Diego come alive with the hip and reputation in the area, and is responsible for California has a rich history. It is the 3rd grooving sounds of homegrown musical the academic achievements and popularity of largest state in area and the largest state in groups as well as famous, well-established the University of California at San Diego. population. California has the largest popu- rock bands during a phenomenal music fes- Other major universities in the 49th District, in- lation of Native Americans, a continuing grow- tival known as ``Street Scene.'' The 49th also clude the private and catholic University of ing Hispanic population and a large Asian has a diverse collection of famous art muse- San Diego, San Diego State University, and population, all of which help California to lead umsÐfrom the modern art of the La Jolla Point Loma Nazarene College. Golf enthu- the nation in cultural diversity. I am proud not Contemporary Museum of Art to world classics siasts can enjoy the same course played by only to represent this area in Congress, but at the San Diego Museum of Art or American professionals of the PGA at the public Torrey also to be a resident of the wonderful state of artists at the Timken Museum of Art or native Pines Golf Course, while watching hang glid- California. I would like to wish a Happy Anni- pieces from around the world displayed at the ers glide off the rocky cliffs or sunbathers at versary to the 31st State of America. Mingei International Museum. world famous Black's Beach. Mr. BILBRAY. Mr. Speaker, this is a great Balboa Park is a cultural center located in Grabbing food in San Diego is a delicious time to reflect on the greatness of our country. the heart of the 49th District. It is a serene, and unique experienceÐfrom the quick serv- With California celebrating it's 150th anniver- green oasis situated in the middle of a bustling ice of authentic fish tacos at local sensation sary of the state's admission to the union, one major metropolis. Not only is the San Diego Rubio's Restaurants to the more formal and automatically recalls that inspiring phrase, ``Go Museum of Art located in this vast cultural en- decadent dining at any of the restaurants lo- West, young man!'' and the beginning of our clave, but adults and children alike can learn cated in the historical Gaslamp District in the trail blazing history. As Californians, we can about the wonders of science at the Reuben heart of downtown San Diego. And no one rejoice in the adventurous and rugged spirit of H. Fleet Science Center, delve into man's past can visit San Diego without sampling the de- our forefathers and be grateful that these men at the Museum of Man, and be engulfed in the lights of authentic Mexican fare while viewing and women were willing to risk life and limb beauty surrounding us at the Natural History the adobes and churches of the first San for a new and unknown life in California. Just Museum. Diego settlers in historical Old Town. The ac- envisioning those covered wagons poised on The most popular world famous attraction in tivities, people and places in California's 49th the pinnacle of the Sierra Mountains and look- the area is the San Diego Zoo. Just this past Congressional District are as numerous and ing down on the promised land brings a shiver summer, our zoo became one of the first in diverse as its residents. There is no other to my soul. Those were truly trying times and history to have a baby Giant Panda live past place like it in the world and it is an honor rep- those first California settlers were truly brave her first year after being born in captivity. Hua resenting its interests and people in Congress. people. Mei has become the biggest celebrity in San Happy Birthday, California! And a big thank I am proud of my rootsÐmy father is from Diego. Visitors from all over the world have you to those brave men and women who the East, specifically Alabama, and my mother made special trips to catch a glimpse of this risked their lives to conquer the unknown and is from Northwest Australia. However, my fam- giant bundle of joy. But long before Hau Mei's establish such a wonderful place as San ily and I are grateful for those brave spirits birth, the world famous San Diego Zoo has Diego and the State of California. who ventured from the East because we now seen the births of many beautiful creatures, Mr. FILNER. Mr. Speaker, on the occasion have the opportunity to benefit from their risk such as black rhinos, giraffes, and many en- of the 150th anniversary of California's admis- and foresight. dangered species. sion to the Union, I rise to bring attention to San Diego is the jewel of California, and I Another famous site in San Diego is located the 50th Congressional District of CaliforniaÐ have had the privilege of representing one of on the island city of Coronado. Hollywood su- an urban district in southern San Diego Coun- the most beautiful and inspiring districts in our perstars have flocked to the legendary and ty and the southernmost district in California, nation. San Diego is the area where Father historic Hotel Del Coronado. The ``Hotel Del'' bordering Mexico. Junipero Serra set up one of the first missions built in 1888, as one of the oldest standing I am proud that it is one of the most eth- in California. This early history can be ex- wood structures of Victorian architecture is a nically diverse congressional districts in the plored in the preserve of Old Town San Diego. national historic landmark that has a rich and nation. No racial or ethnic group is in the ma- Presently, the residents of San Diego relish colorful heritage. Ten U.S. presidents have jority: we have 45 percent Latino residents, 25 in telling all of their friends and relatives out- stayed in this extraordinary hotel, starting with percent Anglo, 15 percent African-American, side of Southern California about the incred- Benjamin Harrison in 1891, and since Lyndon and 15 percent Asian-American. ible weather they enjoy year roundÐ70 de- Johnson, every president since has visited the Our residents include veterans, seniors, and grees and no humidity! California's 49th con- ``the talk of the Western world.'' Charles Lind- working families. We are concerned that our gressional district boasts such natural wonders bergh was honored at the Hotel Del after his children receive a quality education, that all as the sensual coastline from its southernmost successful transatlantic flight. Subsequently, our families have access to high-quality, af- point in Imperial Beach to the rocky cliffs of the international airport in downtown San fordable health care, that we invest our budget Torrey Pines' nature preserve. The 49th also Diego is named after this famous aviatorÐ surplus to strengthen Social Security and holds in its stead the tranquil, deep waters of Lindbergh Field. In 1958, the outrageously Medicare, and that we fight to keep the prom- the San Diego Bay, which is home to Sea funny movie ``Some Like it Hot'' with Marilyn ises that were made to our veterans. World as well as large naval bases that rival Monroe, Jack Lemmon and Tony Curtis used The southernmost neighborhood in my dis- the ports of HawaiiÐNorth Island Naval Air the Hotel Del as a stage and backdrop. trict, San Ysidro, California, is situated on the Station and the 32nd Street Naval Station. Speaking of celebrities, San Diego has also Mexican border and is the busiest border With San Diego being blessed with both an been the home of such movie celebrities as crossing between any two nations in the awesome shoreline and an incredible bay, Gregory Peck and Rachel Welch, who grew world! The proximity of Mexico provides both residents and tourists alike can enjoy surfing up on the beaches of La Jolla, and Eddie challenges and opportunities for my districtÐ and sunning on the beach or sailing and Vedder, lead singer for the popular rock but we revel in the excitement of a truly bina- kayaking on the bay all year round. group, Pearl Jam, spent much of his youth at tional community. An event that I enjoy the most is Sand Cas- the clubs and beaches of San Diego. Surfing To the east is Otay Mesa, primarily an in- tle Days held every August in my hometown of sensation and Nobel Prize recipient Kary dustrial area with an expanding large-scale Imperial Beach. This is a world-renown event Mullis is a friend who continues his research manufacturing base. Farther north are the cit- that gathers the best amateur and professional at UCSD. Helen Copley is a powerful news- ies of Chula Vista and National City, home to sand castle designers from around the country paper woman who still boasts the only major many residential areas and hundreds and hun- and the world in the tiny Southern California newspaper in the area, the San Diego Union dreds of small businesses. One of the coun- beach town. Every year, we are surprised by Tribune. The famous scientist who discovered ty's largest developments, Eastlake, is rapidly the intricate designs created by the simple penicillin, Dr. Jonas Salk, called La Jolla home growing to the east of Chula VistaÐand substance of sand. and also founded the internationally acclaimed Bonita, a neighborhood of middle-class homes H7562 CONGRESSIONAL RECORD — HOUSE September 13, 2000 in an unincorporated community of the county, With its sunny weather and stretch of coast- 1323. H.R. 1323 deals with breast im- is nearby. line, it is not surprising that North County is plants, an issue that has been the sub- At the northern border of the 50th district is one of the fastest growing areas in California. ject of many court cases now for a the central portion of the city of San Diego, Mr. Speaker, I consider it a privilege to live in number of years. just south and east of downtown, with many North County and an honored to serve and On Monday, the Food and Drug Ad- neighborhoods that are experiencing represent the people of the 51st district. ministration, the FDA, hosted a meet- gentrification by ``urban pioneers'' moving back Mr. HUNTER. Mr. Speaker, I rise today to ing to discuss research on silicone gel- from the suburbs. celebrate the 150th anniversary of California's filled implants, and I am grateful for All in all, the people of the 50th congres- admission into the Union. I am fortunate to the FDA in their willingness not only sional district represent the best of America. represent the 52nd Congressional District, a to meet with my own constituents but Industrious and ambitious, striving for a good beautiful area along our international border also other people on my staff on this life for our children and grandchildren, we with a rich history and culture. Home to the issue and hopefully will continue to work and play together in a largely harmo- deserts and agriculture fields of Imperial dialogue with the FDA to ensure that nious blend of race, ethnicity, and religion. We County, as well as the mountains and urban women get the information they need believe in the American dream. areas of East San Diego County, the 52nd is on the safety of the implants. I am proud to represent these fine men, as much diverse as it is unique. However, the research indicates that women and children, and I am working hard in As the winter home of the Navy's Blue An- platinum salts have been released by Congress to ensure the best for their future. gels, and thousands of ``snowbirds'' from all silicone gel-filled implants. This is sig- Mr. CUNNINGHAM. Mr. Speaker, on the over the country who come to enjoy the sce- nificant information because the plat- 150th anniversary of California's entrance to nery and weather, Imperial County is known inum salt in certain form is known to the Union, it is with great pleasure that I intro- as the place ``Where the Sun Spends the Win- be toxic. New technology has allowed duce California's 51st district. ter.'' It is the home of the Glamis Sand Dunes, scientists to determine that the plat- California's 51st district covers most of the Brawley Cattle Call, and the best farm inum used as a catalyst in making the North County, only minutes from downtown land in the country, which provides delicious gel and the shell of the gel-filled breast San Diego. North County, well known for it's fruits and vegetables the entire country enjoys implant is being released into the body beautiful beaches, ideal weather, and quiet year-round. Imperial County is also home to of women in a harmful toxic form. lifestyle has proven attractive to the growing the largest body of water in California, the Last week, the FDA released infor- 650,000 who inhabit this region and the many Salton Sea, as well some of the best Mexican mation on their web site citing breast who visit ``America's Finest City'' and the sur- food a person can find. implant complications. This is a vic- rounding area from all over the world. San Diego County draws its name from San tory for the consumer advocates who The 51st district encompasses the coastal Diego de Alcala, a designation credited to have been working to provide more in- towns of Carlsbad, Encinitas, Solana Beach, Spaniard Don Sebastian Vizcaino, who sailed formation to women who are consid- and Del Mar. Carlsbad is best known for its into what is now San Diego Bay on November ering implants. However, the informa- majestic flower fields and is the predominate 12, 1603, and renamed it in honor of his flag- tion provided in this web site does not supplier of commercially grown flowers on the ship and his favorite saint. The County of San include the recent findings on the tox- West Coast. The flower fields are easily seen Diego was established by the State Legisla- icity of platinum salts found in gel- from 1±5 as one makes their way down this ture on February 18, 1850, as one of the origi- filled implants. coastal commute. Also, newly constructed nal 27 counties of California with an estimated Women need to know how harmful Legoland choose to call Carlsbad home. The population of at least 3,490. the release of platinum in their body amusement park opened in 1999. Today, almost 100,000 people and 5,000 and to their children who may be nurs- Del Mar is where the ``turf meets the surf'' businesses reside in San Diego's East County ing can do to them. It has come to my and is home to the Del Mar Racetrack. One alone. Places like El Cajon, which means ``the attention that children who breast-feed can watch the thoroughbreds and still have a box'' in Spanish because the city is completely from mothers with silicon brevity im- view of the ocean from the grandstand. During surrounded by mountains, provides the perfect plants may also experience harmful the off-season, the Racetrack becomes the recreation spot with horseback riding, golf body excess from the toxicity symp- Del Mar Fairgrounds. This two-week fair has courses, campgrounds, parks and easy ac- toms of exposure of platinum salts. been a North County tradition since 1936. The cess to the many attractions of Southern Cali- Symptoms of exposure to platinum in fair features rides, livestock shows, exhibi- fornia. a reactive form can also cause fatigue, tions, agriculture, and local art. Over 1 million Another city in East County, La Mesa, is dry eyes, dry mouth, joint inflamma- people visited the Del Mar Fair last year. known as the ``Jewel of the Hills'' to the tion, hair loss and also rashes. Inland, the towns of San Marcos, Rancho 56,000 people who call this desirable city their As a sponsor of the Silicon Breast Santa Fe, Escondido, and Poway lie among home. La Mesa's location places it close to Implant Research and Information Act, the rolling hills. Escondido is home to the the cultural facilities, sports, recreation and I believe that the need for more re- world famous Wild Animal Park, established in water-related activities afforded by its prox- search is especially compelling in light 1969. This 1,800-acre wildlife preserve allows imity to the county's metropolitan center, of the FDA’s own study on the rupture visitors to view herds of exotic animals as they beaches and bays. of silicone breast implants. might have been seen in their native Asia and The 52nd Congressional District is made up On May 18 of this year, Dr. S. Lori Africa. of communities in which the residents and Brown’s research showed that 69 per- A portion of the city of San Diego makes up business people take an active role in pro- cent of the women with implants had the remainder of the 51st district. This area in- tecting and enhancing the quality of living. The at least one ruptured breast implant. cludes the former Miramar Naval Air Station. number of service clubs and organizations, The FDA concluded that the rupture of The base, made famous by the 1986 movie school and church related groups, and other silicon breast implants is the primary Top Gun, was home to the elite naval fighter civic and social organizations, give tangible concern although the relationship of pilot school of the same name. This naval evidence of the vitality of its citizenry and their the free silicon to the development or base was converted to the Miramar Marine active interest in the community. It is a com- progression of the disease is unknown. Corp Air Station in 1996. North County is also mitment to ``community'' that gives the 52nd a We do know there is a rupture of sil- home to many veterans and active military special identity. icon into the body, but we do not know who choose to make San Diego their perma- f the impact. That is why we need more nent home during and after their military serv- research by the FDA. ice. H.R. 1323 I heard from my own constituents San Diego is also fast-becoming the center The SPEAKER pro tempore (Mr. over the last number of years and lit- of the growing high-tech and bio-tech indus- SHERWOOD). Under a previous order of erally women across the country, Mr. tries. Qualcomm, Cubic, Hewlett Packard, the House, the gentleman from Texas Speaker, who have suffered from the Sony, Nokia, Erickson, Titan, Ligand Pharma- (Mr. GREEN) is recognized for 5 min- long-term consequences of reconstruc- ceuticals, Pyxis, and the Immune Response utes. tion and cosmetic surgery. They have Corporation all call San Diego home. These Mr. GREEN of Texas. Mr. Speaker, experienced infections, chronic pain, booming industries have brought San Diego to today I want to talk about legislation deformity and implant rupture, inac- the forefront of these exciting new fields. that I have been working on. It is H.R. curate mammography readings due to September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7563 the implant concealing breast tissue Mr. Speaker, I have never heard voted for that budget, because we and difficulties in getting health insur- something so ridiculous. The gen- wanted them to vote for it, to show ance to pay for the high costs of re- tleman may speak of his own opinion, that they supported increase in taxes, peated surgeries. The cost of faulty im- but I would say that the gentleman is to show that they supported raiding plants is paid by all of us in the system factually challenged. First, 70 percent the Social Security trust fund, to show even if it is not covered by insurance. of Americans have insurance, both for what a sham that the budget was. Do The Institute of Medicine estimated healthcare or for prescription drugs, we know how many Democrats sup- that by 1997, 1.5 million to 1.8 million and they want to keep that. Unfortu- ported it? Only four. American women had breast implants nately, there is a large portion of the Yet, AL GORE uses that budget as the with nearly one-third of these women American population that has neither basis, and I quote AL GORE, I use this being breast cancer survivors. The healthcare nor prescription drugs. budget as the basis for my plan, which American Plastic and Reconstruction Governor Bush wants to make sure spends every cent and more of the sur- Surgeons cited breast augmentation as that those people are taken care of. plus. It dips in and raids the Social Se- the most popular procedure for women But if the Democrats can demagog in- curity trust fund. It increases the taxes ages 19 through 34. In 1998, nearly 80,000 surance companies or biotech compa- on the American people. And when my women in this age bracket received nies, then what is left to pick up the colleagues want to talk about facts, breast implants for purely cosmetic void? Only big government, Hillary that is a fact. reasons. By 1999, an additional 130,000 Clinton-type of healthcare and pre- The reason that I stepped up from my women received saline breast implants. scription drugs, and that is exactly special order was that I was in Los An- In spite of the escalating numbers, what AL GORE does. geles for the Democrat convention. I very little is known about the long- He has a one-size-fits-all, big govern- was on television. I was on radio to see term effects of silicone or platinum in ment solution. Now, I have traveled all the spin, and it is probably the reason the body. Few patients understand that over the country with Governor Bush, why there is an article in the Wash- even when they opt for saline breast and I know not only what he says, but ington Post, which is not exactly a implants, the envelope of the implant I know what is in his heart. While the conservative paper, about, it is still the is made of silicon. Democrats increased veterans economy stupid, by David Broder. And Following the FDA’s decision to ap- healthcare by zero in the last budget, it says that during the past 8 years prove saline breast implants, the agen- Republicans put in a $1.7 billion in- LIEBERMAN said in the convention, we cy did warn women of the potential crease. have created more than 4 million new risk. FDA officials called upon implant Governor Bush not only wants to businesses, 22 million new jobs, the manufacturers and plastic surgeons to keep the promises to our veterans for lowest inflation in a generation, the ensure that thorough patient informa- healthcare that has been given for lowest African American, Hispanic un- tion is provided to women before they many, many years, but he wants to employment rate in history, the undergo the surgery. also make sure that that percentage of strongest economy in a 224-year his- Mr. Speaker, with the FDA approval Americans who do not have healthcare tory of the United States of America. process behind us, the only course of have supplement to their Medicare. He could have added that real incomes action to safeguard the future of What does the Federal employee have? for even the poorest Americans began women is that of an informed consent And that is FEHBP, the Federal Em- to improve and poverty rate declined. document. Somehow, a piece of paper ployees Health Benefit Plan, which is a b cannot make up for a manufacturer’s 1730 insufficient data or the retrieval anal- supplement to Medicare. That is what But what David Broder goes on to say ysis. It cannot make up for inaccurate he has said, that is what he talks about is, ‘‘But it wasn’t until the Republicans labeling and even risk estimates. in every speech, nothing about replac- took over Congress in 1995 that the There is so much we do not know, ing Medicare with insurance compa- goal of a balanced budget came into and yet the one government agency nies, at least do not demagog, at least view, that the economy increased at a mandated to safeguard the public’s do not make up stories that are abso- much higher rate than under the 1993 food, drug and medical devices is mov- lutely not true. tax increase.’’ ing so slow on this issue that could If my colleagues want to talk about The Democrats in their convention jeopardize women with a medical de- facts in the Social Security Trust Fund said, well, if you loved the last 8 years vice that has alarmingly high failure and Medicare trust fund, do we remem- of the economy, you need to put us rates. ber the Clinton-Gore budget, they said back. That is what I want to talk In spite of the agency’s call for post- well, we want to take 100 percent of the about, Mr. Speaker. market studies, the FDA approval of Social Security trust fund and put it First of all, the Speaker of the saline breast implants provides no in- for Social Security and all of the sur- House, the gentleman from Illinois centive for the manufacturers to make plus. (Mr. HASTERT), went to see the Vice data better or a safer medical device. Mr. Speaker, weeks later, they came President and the President last night. Mr. Speaker, hopefully the FDA will back and said oh, not so fast we want They asked if the President would set continue their research. to take 62 percent and put it into So- aside 90 percent of the surplus to re- f cial Security, we want to take 15 per- duce the debt. We pay nearly $1 billion cent of the surplus and put it into a day on the national debt, Mr. Speak- REASONS FOR ECONOMIC Medicare. What they did not tell us is er. The President agreed. PROSPERITY IN AMERICA that the Clinton-Gore budget took They walked away saying, hey, we The SPEAKER pro tempore. Under every dime out of the Social Security will take the other 10 percent, we will the Speaker’s announced policy of Jan- trust fund, put it up here for new debate in Congress, we will work back uary 6, 1999, the gentleman from Cali- spending. They increased taxes $241 bil- and forth as to how the 10 percent of fornia (Mr. CUNNINGHAM) is recognized lion for new spending, to justify their the surplus is spent, whether it is for for 60 minutes as the designee of the budget and their balanced budget. tax relief or increased spending in majority leader. We said no, Mr. President, no, Mr. other areas, like prescription drugs. Mr. CUNNINGHAM. Mr. Speaker, be- Vice President, that we are going to But when he got away, and I will fore I get into my special order, I put the Social Security trust fund into quote here, now when Republicans say would like to address the remarks of a lockbox so that politicians cannot we want to lock away 90 percent of the one of my colleagues just previously on touch it, that you cannot keep increas- next year’s surplus, according to to- a 5-minute. He made a statement that ing the debt and you cannot keep day’s edition of the New York Times, Governor Bush would replace Medicare spending it. So if my colleagues want ‘‘Mr. Clinton told Republicans he with insurance companies. I have never to talk about facts, that is a fact. viewed paying down the debt as a pri- heard something so laughable. Are the Another fact is that Republicans ority, but said he was not sure it could Democrats so desperate that they have brought that budget to the floor to be done in the 2001 fiscal year.’’ got to spin something that is abso- show what a sham it was. Mr. Speaker, Does that sound like the balanced lutely not true? do we know how many Democrats budget? It could be done in 12 years, it H7564 CONGRESSIONAL RECORD — HOUSE September 13, 2000 could be done in 2 years, it could be licans, not a single Republican voted knowing if they are coming back, their done in 4 years, it could be done in 8 for the Democrat tax package. Again, families are penalized. They have to years, and now already the White they say ‘‘economic plan.’’ Why did we move several times during their career, House is reneging on putting the not, Mr. Speaker? I think the Amer- they cannot invest, their children are money in to pay off the national debt. ican people need to know. ripped out of schools. But yet to bal- I think it is ridiculous. First of all, the 1993 Democrat tax in- ance the budget, or to put their budget The point is, when the Democrats crease was the largest tax increase in plan into effect, they even cut the claim that economic prosperity is due history, across the board. The first tax COLAs, which is a tax increase on our to their efforts, I reject that, Mr. they promised a targeted tax relief veterans. Speaker; and I set out to show the rea- plan, and does this not sound familiar If that was not enough, they cut the sons why from fact, from budget legis- with what they are doing today on the military COLAs for our active duty lation, and the lack of budget legisla- liberal leadership of the Democrats? military, the people that need it the tion. They said, we want a targeted tax re- most, that are getting shifted around First of all, not a single White House lief plan for middle-class Americans. all over this country. Then they cut de- or Democrat budget since the Repub- First of all, this body should never fense, $127 billion, after Colin Powell licans took over the majority in 1994 use the term ‘‘middle class,’’ because and Dick Cheney told the President has ever passed either the House or the there are no low class, there are no that a $50 billion cut would put our Senate. As a matter of fact, we brought middle class, and there are no upper- military into a hollow force. the Democratic White House budgets class citizens in this country. There Why did we not support the Clinton- to the floor just to embarrass the are low-income citizens, there are mid- Gore 1993 tax increase? Remember that Democrats, to show what a sham the dle-income citizens, and high-income it increased the gas tax? They even had Clinton-Gore budget was. citizens; but the other side continually a retroactive tax. Most people forget In 1993, they did pass their budget, uses the term ‘‘class warfare’’ to get about that. Remember the First Lady because they had control of the House, their point across. I think that is changed their income tax form so she the Senate and the White House, and I wrong. could benefit from the retroactive tax? will address that in just a minute. In But they promised a middle-income Remember the gas tax went to a gen- 1994, the House voted 223 to 175 and the tax cut, and they could not help them- eral fund? Why, instead of a transpor- Senate 57 to 40 to pass their budget. selves. In 1993 they increased the taxes tation fund? So that they could take But in 1995, Republicans took over and on the middle class. Why? Because it the Social Security trust fund, they talked about balancing the budget for means power, Mr. Speaker. It means could take the increase in taxes, in- the first time. power to rain down more and more cluding the 18 cents Federal tax into a general fund and use it for new spend- In 1996, the budget from the White money to their districts so they can ing. And we said, No, Mr. President, House failed 117 to 304. In 1997, in the come back here and get reelected and Mr. Vice President. We are going to Senate it failed 45 to 53. In 1998 there maintain the majority like they did for take that gas tax, and we are going to was no vote. There was a vote on the 40 years. Democrat budget; and the Blue Dogs, But finally the American people had put it into a transportation trust; and many Republicans and Democrats and and, by the way, I would say that the enough, and in 1994–1995 they said we States have benefited from that, be- Blue Dogs, against the liberal leader- are going to let the Republicans try cause the money, instead of going to ship of the House, had some pretty and let them for the first time in 40 new social spending, failed social good ideas and some ideas that we years control the House. Now we con- spending, has gone to improve our could accept unanimously; but the trol the Senate as well. roads and highways in this country, in- President would veto it, and the Demo- The tax increase in 1993, why did we cluding my own California, which is a crat leadership would fight against it. not support it? Because it took every donor State when it comes to taxes, In 1999 we brought the budget for- cent out of the Social Security trust and not the general fund. ward from the White House, and only fund, just like they had for 40 years But remember in 1993 also the Clin- two Democrats supported it, because, prior, to use up here for additional ton-Gore team tried to pass govern- again, it raided the Social Security spending. In all the budgets, even after ment controlled health care. It was re- trust fund, it increased taxes, it broke Republicans took the majority, the jected by all Americans. Remember the the budget, and it increased the na- Clinton-Gore budget raided the Social $16 billion pork-barrel package? I do. I tional debt. Security trust fund, put it up here for was here. It had payback for people I would say that when the Democrats new spending, increased taxes for new that had voted for the Clinton-Gore claim that they are responsible for the spending, and then put a little bit back team. It put parking garages in Puerto economy, and not a single one of their into the Social Security trust fund or Rico, swimming pools in Florida. I economic plans or budgets ever passed, put in an IOU. mean, it was ridiculous. I would say that that is a sham, Mr. What did that do, Mr. Speaker? It in- In that, the deficits were projected at Speaker. Yet the Democrats will go creased the national debt, at the same $200 billion and beyond forever. Did we back and say, well, it was the 1993 tax time making the Social Security-Medi- vote for it? No. increase. They refer to it as their 1993 care trust fund insolvent. Republicans First of all, the Social Security tax economic package. said, No, Mr. President, Mr. Vice Presi- increase, we rescinded that and did But after I go through this, I will dent. We are going to put the Social away with it. The tax for the middle also show in this newspaper article and Security trust fund into a lockbox, to class, we have given education IRAs, every newspaper article within the where it accrues interest. Instead of in- we have given education savings ac- country, liberal and conservative, it creasing the debt, it is going to pay counts, we have given R&D tax credits, says the Al Gore economic plan would down the national debt by the year we have given capital gains tax credits, spend all of the projected Federal sur- 2013. which the Democrats said were all for plus of more than $4 trillion and run up Now, AL GORE in his budget tries to the rich. They fought tooth, hook and a deficit of $900 billion over 10 years, no take claim for this. They did in the nail. Yet at the convention I see the cushion at all, $900 billion in the hole. Democrat convention. It is not true. Vice President claiming credit for edu- Does that sound familiar? It sounds They fought it tooth, hook and nail, cation IRAs, when they fought against familiar to 40 years of Democrat con- every single part of the way, because them tooth, hook and nail. They said it trol of the House, in which in 1993 the they wanted to use that extra money was a tax only for the rich. The $500 de- President’s budget projected deficits of for spending. I think that is wrong. duction per child, remember that side, $200 billion every year throughout and Why did we not vote for the 1993 tax it is only a deduction for the rich, just beyond, and also increased taxes every increase from Clinton-Gore? Because it like the death tax and the marriage single year and raided the Social Secu- cut the veterans’ COLAs. You want to penalty. It is only a tax break for the rity trust fund every single year. talk about priorities? Our veterans rich. I would say that the 1993 package that served this country, in many cases Tax breaks they cannot stand. Why, that they claim, they say, well, Repub- departed from their families, not Mr. Speaker? A tax break is a sense of September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7565 power, money in the Federal Govern- tor. But if interest rates are important fries, to spread the money around a lit- ment. A surplus that is not given back to the American people, and the bal- tle bit. It is called micro and macro- to the American people is power to anced budget is the primary cause of economics, that one has more money spend, power to spend for constituents, interest rates going lower, according to and they will spend it or at least set it whether you are a Democrat or Repub- Alan Greenspan, the head of the Fed, aside and save it. lican, down to your district, so you can then that is an economic principle that Yet, Mr. Speaker, my colleagues on get reelected; and they will resist tax we want to adopt. the other side have never seen a tax in- breaks in any single way. Even the Who fought against it, Mr. Speaker? crease they do not like, or will they promise of middle-class or middle-in- The Clinton-Gore administration was ever support a tax decrease? No. At come tax workers and Americans, they here in this House fighting day by day least some of my colleagues will, but rejected it. They increased the tax. to fight against the balanced budget the liberal Democrat leadership on They just cannot help themselves in because it limited the amount that that side fights it tooth, hook and nail that. they could spend and to regain a ma- every single day. The Social Security trust fund, we jority, and that is just wrong. But in Less government spending. If we have said no. Lockbox. Veterans’ COLAs, we 1997, after 2 years of demagoguery, the less bureaucracy; for example, about restored that, on a bipartisan basis, by President finally came to the table 4,000 workers in the Department of the way, against Clinton’s and GORE’s with Republicans, against the wishes of Education, and we only get less than wishes. The military COLAs, we rein- the liberal Democrat leadership on this half of that money down to the class- stated that. We have replaced some- side. They still fought it tooth, hook room because of the bureaucracy, Fed- what of the defense. The increase in and nail, fought a balanced budget, be- eral education spending. I used to be taxes at the highest level in history, cause their leadership saw that, well, the chairman on the authorization we have done away with much of that. that will take away their ability to re- committee. Only about 7 percent of The gas tax, as I mentioned, we put take a majority, and that was more im- funding from the Federal government into a trust fund. We took the health portant to them than a balanced budg- gets down to the States for Federal care plan and we benefited many Amer- et and the economy of this country. education programs. But yet, in most icans, but we have still got a long ways The President signed a budget agree- States, it takes more than half of the to go. ment. I give him credit for that. States’ administrative body to manage So, for the Democrats to say that A second principle is that the govern- that 7 percent of Federal education dol- they are responsible for the economy, ment should keep its books in order lars. And the other paperwork, by the first of all, when not a single one of and cut wasteful spending. In the time we go back and forth with all of their budgets or economic plans have Washington Times today, it listed 4 the different requirements, then we ever cleared the House or the Senate, government agencies responsible for have even less than that to spend on outside when they controlled this body, $21 billion, actually $20.7, close enough, the classroom, whether it is for con- and the 1993 tax increase that most of of fraud, and one-half of that fraud was struction, whether it is for teacher it has been rescinded, it is a little bit in Medicare. I would say, whether it is pay, whether it is for technology, or ridiculous for them to claim credit for the Education Department that only whatever it is. the economy. gets about 48 cents less than half of the So another principle should be not dollars down to the classroom because b just to cut wasteful spending, but those 1745 of the bureaucracy, and that the IRS items in which we have priorities for, It is impossible. It is illogical. and GAO have been unable to audit; as Social Security, Medicare, prescription Economic principles. We say well, a matter of fact, it is unauditable, that drugs, education, that the maximum what has not and what has, in my opin- there is fraud, waste and abuse there. amount of dollars should go to those ion, and 99 percent of the economists We look at food stamps or HUD, and groups that we are trying to help, not contributed to a better economy for all yes, Mr. Speaker, Defense. I can go a bureaucracy in Washington. But the Americans. through and point out fraudulent and era of big government is not over. In First of all, when we took the major- wasteful spending in Defense, which I AL GORE’s budget plan we see govern- ity, in our 1995 budget, even before am a hawk; well, maybe a dove that is ment with 48 new government agencies that, with the Contract With America, fully armed. But there is wasteful in the Clinton-Gore budget last time. we said we are going to balance the spending, and that should be part of In the one prior to that, it was 115 new budget. Do not listen to me or to the the principles of reducing and helping government agencies. They cannot Democrats, or to any of the leadership; this country to economic prosperity. bring themselves to cut the budget. listen to what Alan Greenspan said. He Tax relief for working people. Mr. When they say, look at the number of said, and I quote, just by speaking Speaker, if someone has a $500 deduc- government officials that have been re- about balancing the budget and the po- tion per child or they can have an IRA duced, we know that 90 percent of tential for the Congress of the United in which they can set aside $2,000 a those Federal employees are defense States to balance the budget will re- year, which the gentleman from Mis- and defense-related industries, not the duce interest rates across the board. souri (Mr. HULSHOF) set forth so that civilian workforce. And what do interest rates mean to the working families could set aside Another principle should be to pay American people? money. If one has a child, when he is down the debt. Paying $1 billion a day, I have a family, a young man that born, by the year he is 10 years old, at nearly $1 billion a day is robbing our just got married. He is looking into $2,000 a year, well, we would say that children of their future and putting a homes. Here is a chart I pulled out of would be $20,000, but with compound in- debt burden on their backs that we as the Washington Post, and it is on terest, it is almost $40,000 a year by the adults and Members of Congress should home-buying, Mr. Speaker. Take a time that child is 10 years old. One can not do. We have paid down, in every $140,000 house, and most people would use it for special education, for special single year, the debt when again, the like to find a $140,000 house today. But needs, one can use it for books, for tu- Clinton-Gore budgets have increased at 5 percent interest, one’s payments toring, or one can leave it in the trust the deficit by over $200 billion, includ- are about $1,000. If one has 8.5 percent, fund for higher education. ing the present Gore plan. Just read all which is about what the prime is But yet, that was rejected by the of the papers, look at all of the econo- today, one is paying $1,400 a month for Clinton-Gore administration, and now mists. He spends every bit of the Social one’s payment. If it is 10 percent, one is the Vice President is trying to say it Security trust; he spends every bit of paying almost $1,600 a month. That is was his idea, when they rejected it, and the surplus and increases taxes at the real savings to the American people, that is wrong. But tax relief for work- same time, and guess what? The debt when one is buying a home. ing families, they get a little more goes up again. I just sent my daughter off to Yale. I money in their pockets, and maybe Budgets for education. People say, cannot tell my colleagues how expen- they can go out and buy a car, and car look across the land. My wife was a sive that is. She scored a perfect 1600 dealers like that. Maybe they go out teacher, a principal, and now she is a on her SAT, and she wants to be a doc- and buy a double cheeseburger, double district administrator for the school H7566 CONGRESSIONAL RECORD — HOUSE September 13, 2000 district. My sister-in-law, Carolyn whole idea. We are trying to get in a Mr. STENHOLM. Mr. Speaker, would Nunes, is the district administrator for block grant the money to you so that my friend yield for a minute? Any all of San Diego city schools for special you, if you live in Wisconsin, this pro- minute that I take from the gen- education. Allen Buerson, who was a gram may work best for you, but yet, tleman, any minute I take I will be Clinton employee before, is now the su- the teachers, the parents, the prin- happy to give to the gentleman after- perintendent of San Diego city schools. cipals and the community can make wards. Guess what? He is in the real world and the decision of how that money is Mr. CUNNINGHAM. I yield to the now he is fighting for Republican prin- spent. We believe that with all of our gentleman from Texas (Mr. STENHOLM). ciples of getting the dollars down to hearts, that those dollars are best Mr. STENHOLM. I thank the gen- him so that he can make the decisions, served by not a bureaucrat here, not a tleman for his compliments. I do not so that the teachers, the parents and union boss telling them how they have want to interrupt the gentleman now, the administrators can make a decision to spend those dollars, but that it gets but I would sincerely say, whatever on what happens to their dollars. to them in the classroom. time I take, I hope the gentleman We passed a bill on the House Floor The second thing was the education would stick around and use a part of called Ed Flex. The liberals over here flex bill, the President wanted 100,000 my hour, because I think a little dia- fought against it, because again, they teachers. We said 100,000 teachers, but logue between the two of us might be want government control of health the first half of that, there was not the helpful. care, they want government control of quality, because many of those teach- I know the gentleman does not mean education, they want government con- ers were not even certified. As a matter to misrepresent. He believes what he is trol of private property; they want the of fact, in the State of California, saying, just as I would believe what we highest taxes possible so that they can many of them, after they were hired, are saying. I think we could clear up keep that power and have bigger bu- have to be fired, because they could not the record a little bit if we have a dia- reaucracies. But yet, Allen Buerson teach in the subject that they were logue. I will yield some time to the says, we need the money more down to supposed to be trained in. We said no. gentleman when my hour comes in a the classroom, and I support Allen To hire new teachers, first of all, with moment, and hope the gentleman will Buerson who is a Democrat and also Federal dollars, there has to be quality stick around. the superintendent of schools for San associated with it. We think that is Mr. CUNNINGHAM. Mr. Speaker, I Diego city schools, and I think he is right too. That decision again should would tell the gentleman, we have the doing a good job. be made at a local level in how to do Sportsman’s Caucus dinner tonight But let me give my colleagues an that. that I am going to hustle over to, but idea, Mr. Speaker, of the sham that the b 1800 I will stick around maybe the first 5 Democrats run and why it is so dif- minutes. ficult for the American people to see Mr. Speaker, the principles of a bal- I would say again, many of my col- the differences. anced budget, lower interest rates, First of all, we have talked about the lower inflation, making sure that the leagues on the other side, especially President’s budget. Democrats did not Federal government puts its house in the Blue Dog budgets most of us on vote for it. But yet, they will use the order and its books in order, making this side could adopt, but we could not President’s budget number of $1.1 bil- sure that if a government is wasteful, go along with the liberal leadership lion for special education. When the that it is eliminated, or at least fixed, from the gentleman’s party or the Democrats had control of the House, they are important. White House. As a matter of fact, most the most money ever spent on the au- A good example is Head Start. Just of the gentleman’s people could not thorized amount was 6 percent for spe- like those 16 programs, many of my lib- vote for them when they were brought cial education. If one includes the eral friends would say, let us do all 16 forward on the House floor by Repub- money for Medicaid, that has gone up programs, let us do them; not mean, licans. to about 18 percent for special edu- not malicious. But in doing that, they The President, as I mentioned, in 1997 cation. In this budget, the Republican would put all of those programs under signed the balanced budget agreement, budget, we increase special education the Department of Education. Each one but each one of those budgets following by $550 million. But yet, the budget would have a bureaucracy. Like Head they increased taxes, they took money that none of the Democrats voted for Start and Easy Start and many of the out of the social security trust fund, because it increased taxes, stole Social programs, there was underfunding. and they increased the debt by using Security trust, and the only way they They were doomed to fail. false assumptions. got up to the $1.1 figure was to use We think that the best decisions I would be the first one to say that that, those gimmicks, and say that Re- should be made at the local level. We there were many of the assumptions in publicans are cutting special edu- think that is right, too. Under a bal- the Republican budgets that we dis- cation, when we have actually in- anced budget, if Alan Greenspan says agreed with. That is the way it worked. creased it more than they ever did and that interest rates are largely the rea- But I think the overall factors of a increased it by $550 million over the son for economic advancements in this balanced budget, tax relief for working amount. I think that is wrong, to use country, that low inflation is impor- families, social security, tax reduction that kind of smoke and mirrors. tant, that capital gains reductions so people could have their own money, In education, for many, many years have stimulated the economy and cre- not taking the money out of the social they put trillions of dollars into edu- ated jobs, then I think that is good. security trust, education IRAs, a $500 cation programs. When I was sub- But if we have liberal leadership on deduction per child, capital gains re- committee chairman on the authoriza- the other side that fights those issues ductions, and even my own 21st cen- tion committee, I had 16 groups come in both their budgets and in the 1993 tury bill that allowed businesses to do- in before me and testify. Every one of tax bill, then I think that we need to nate their computers to a nonprofit, the 16 had the absolute best program make the analysis of who is responsible that company then took that com- that could be envisioned for their dis- for the economy. puter, which is still in effect, by the trict. It worked. It was helping chil- Again, I would say that the Blue way, they take that computer to a dren to learn or it was helping special Dogs, and my colleague here on the military brig or a prison system, they needs children or even at-risk children. budget has worked. I want to go work on it, they hand that computer Even Bishop McKinney, who has a through this. I have fought for 2 weeks over to the school as a full-up round. It Catholic school for abused children and on this. But I would say, my colleague is a win-win for the budget, it is a win- at-risk children, came in and testified. on the other side has some real good win for education, it is a win-win for After the hearing, I asked each of ideas, and ones that I personally ac- our penal system, and it sure is for our them which one of the other 15 had any cepted. The overall budget I thought businesses, because they get to write one of the other programs in their dis- was bad, but I would say that many of off the tax and invest in new computers trict. They looked at each other, and those issues that the gentleman and then cycle those computers back not a single one. We said, that is the brought forward were very valuable. into the education process. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7567 I think the Republican budget strat- When we have someone that is irre- Yet, Clinton and GORE fought welfare egy has been clearly successful: bal- sponsible, and let me give the Members reform tooth, hook, and nail. The lib- ancing the budget, tax relief, cutting an idea, in welfare reform, I had a doc- eral leadership on that side of the aisle wasteful spending. tor come into my office. He said, Duke, fought welfare reform tooth, hook, and If Members will look at the econo- I had a lady come into my doctor’s of- nail. Why? Trillions of dollars they put mist, Lawrence Kudlow, he says, ‘‘De- fice. She had a 12-year-old daughter. into welfare. The average for a welfare clining inflation has been a pervasive She wanted to know what was wrong recipient was 16 years. In my opinion, tax cut for all Americans. The effect with her 12-year-old daughter, that she many of our inner cities with the drug throughout the economy is in boosting could not have a child. The mother had problems we have, the no hope in the real incomes.’’ a 13-year-old and a 14-year-old each inner cities, is from generations of peo- Alan Greenspan said that long-term with children. She wanted the extra ple trapped in a welfare system with no interest rates have declined drastically welfare money. hope on where to go. since the balanced budget and have en- My father and my mother, I lost my Yes, it is better to give a person a abled us to stimulate the economy. ‘‘It dad about 5 years ago, the best dad in pole and teach them how to fish in- has been the first decline in long-term the whole world, but I never got a nick- stead of giving them the fish. Yet, we interest rates which, perhaps more el allowance. I had to work for it. My are looking at an election where a con- than anything else in our economy, has father and my mother never missed an trast of a Governor that has balanced been a factor which has been driving academic or an athletic event that ei- these budgets, working with Democrats this reality quite extraordinarily, eco- ther my brother or I attended, either on both sides of the aisle, to where in nomic expansion.’’ at home or away. I had to go to church, education he went into the school sys- That is a direct quote by Alan Green- like a lot of us, when I was young. I tems and said, ‘‘What is wrong? Do you span, Chairman of the Board of Gov- would have a lot rather been on some not have the technology? Are your ernors of the Federal Reserve System. Sundays out with my buddies riding teachers not trained? Why are my His- Alan Greenspan also credited this de- around, having a good time, but I had panic and African-American children cline largely to Congress’s determined to go to church. dropping out at high rates?’’ effort to balance the Federal budget. I had to do my homework before I got I think it was fair for him to go into He often advised Congress that finan- to go out and play or be with my bud- the schools and say, ‘‘Why? Whatever cial markets would respond favorably dies when I got older. My mother and it is, our administration in Texas is to credible deficit reduction. father that never had a chance to go to going to fix it.’’ Greenspan said, ‘‘A substantial part college said, you and your brother are If we take a look at all the press ac- of the very considerable decline in going to college. You have no choice. counts, the education, the educational long-term interest rates has been a Because my father said, his small defi- system for minorities, is going up the function of the decline of budget defi- nition of the American dream was that highest of any State. I do not think it cits, because it has removed pressures ‘‘If we teach you the value of a dollar, is fair, where the Democrats had con- on the Federal government borrowing that you have to earn it, we do not just trol of Texas for 100 years, and looking from the marketplace.’’ That is where give it to you, like government gives to across-the-board in the State of Texas. our debt goes up, as well; the reverse of many people in welfare; if we teach you But I think it is fair to look at the dif- what has happened with President a sense of the family, that we are there ferences between the time Governor Clinton’s 1993 tax bill. A year after his for your education, we are there for Bush took over the education systems tax increase was enacted, interest rates your events, that we care; if we force in Texas and what he has done for the have moved up about 21⁄2 percent, per- you to do your homework so that you State of Texas. centage points. The trend for real eco- can qualify for college and you get a I was on Heraldo with Al Sharpton, nomic growth slowed. college education,’’ my father’s small that was fun. I told Heraldo, I said, Mr. Interest rates peaked November 7, definition of the American dream is Heraldo, you spent your whole life 1994. The next day, the national board that, ‘‘With those tools, you can make reaching out, making sure that minori- set a new direction. They said that tomorrow better most days than it is ties have equality. Where you have they wanted to stop the raid on the so- today; not every day, but most days.’’ someone like Governor Bush in Texas cial security trust fund, they wanted to I would ask the Members, what that has gone into the education sys- stop increased deficits and an increase chance at the American dream does tem, and in my opinion education is in the debt. that 12-year-old, that 13-year-old, or the savior for a lot of things, for If we look at Vice President GORE’s that 14-year-old or their children, what anticrime, for the economy, and for a budget proposal, that is exactly what chance would they have because the child’s benefit and a family’s benefit. he goes back to. Look at the news- mother wanted more welfare money? But I said, you have got someone that papers, look at the budget analysts. He The Clinton-Gore administration has proven in Texas what they have spends every single penny of the sur- fought tooth, hook, and nail welfare re- done, and they want to do the same plus. We think that is wrong, Mr. form. Governor Engler from Michigan, thing for this great country. At least I Speaker. Tommy Thompson, from Wisconsin, would expect you to reach out and em- Federal Reserve Chairman Alan had models. They brought them to us, brace that. Cut the cards, doublecheck Greenspan had predicted that credible on the Republican side. They said, this what he says, but I have traveled with spending restraint would be rewarded will work. Governor Bush and I know he means it with falling interest rates. I have al- Can Members imagine a parent com- from his heart, and he has not only ready showed in the real estate market ing home with a paycheck instead of a talked the talk but he has walked the what that means to a young family welfare check, what that means to a walk. that wants to buy a new home. child in school? Guess what, those fam- I would challenge all of the Members Real wages actually declined after ilies, and the President takes credit to reach out, especially in education, the 1993 tax increase, and I think quite now for welfare reform, and half of the and get the bucks down to the class- often we speak too much of numbers, people off of welfare rolls. But guess room. but 0.5 percent. Is a balanced budget what, instead of welfare money being Since we have had a balanced budget just numbers? spent out of the government or unem- and Republicans took over, we had the We speak that a lot here on the ployment, those people are working. second largest stock market boom in House floor: deficits, budgets, numbers, Guess what, those tax rolls, they are this century; we had 39 million new increases. But what it is is for real paying money into the government by jobs, 11 million new business start-ups; families. If a family has more in their paying taxes instead of drawing from the creation of $25.7 trillion in new pockets to spend, then they are going that. We think that is good. Has there household wealth. to set that money aside for their chil- been enough in that area? No. Is there I reject the Democrat convention dren. Unfortunately, in this country enough training? No. There needs to be where they say that the last 8 years there are many of those families that additional training. We agree on some they are responsible for the economy. are not responsible. of those issues on both sides. The Greenspan policy of disinflation H7568 CONGRESSIONAL RECORD — HOUSE September 13, 2000 has neutralized the Clinton tax in- average age. I have got Marines car- finger pointing at this side of the aisle, creases. Low inflation has lowered cap- rying World War II radios. Yet, Mr. talking about liberal leadership. ital gains, has led to an information LIEBERMAN says that our military is Mr. CUNNINGHAM. Mr. Speaker, re- technology explosion, fueling even the best in the world. claiming my time, in talking about the more productivity, growth, and wealth If we tell these kids to go somewhere, liberal leadership, many of my col- creation. they are going to do it; and they are leagues support some of the same Nearly half of all Americans own at going to try and achieve. But that is things we want to do, including de- least $5,000 worth of stocks, bonds, or not the point. A, they need the train- fense. But the leadership along with mutual funds. We should not tax those ing. Clinton-Gore has fought welfare re- annuities. Do my colleagues know that, in form, they fought a balanced budget, Kosovo, the two helicopters that b 1815 they fought a lot of the initiatives we crashed, and one helicopter crew was think are responsible for the economy. We should reward work. We should killed, all of them, that those heli- Mr. STENHOLM. Mr. Speaker, if the reward savings, Mr. Speaker, unlike copter crews had never had a flight in gentleman will yield, Presidents do not the Gore budget. a combat-loaded helicopter because spend money. Congress appropriates. American families treasure their they did not have the money to train Mr. CUNNINGHAM. True. ability to improve their condition with a combat loaded? They had never Mr. STENHOLM. Mr. Speaker, the throughout their own efforts. I think trained with night goggles because shortages that we allowed to happen in in our history there is no country in they could not get the goggles into the the defense needs of this country have the world that has out-produced our squadron. Both those helicopters originated in this House of Representa- workers if we give them a chance. crashed. tives, not the President. We both agree On a sense of equal opportunity, is Do my colleagues know Captain to that. there in this country? Absolutely not. O’Grady that was shot down was not Therefore, my concern about the cur- Has it gotten better? Yes, it has. Do we air combat qualified when he was shot rent budget implications today is that, need to work in that direction? Yes, we down over Bosnia because they did not when my colleagues base their entire do. Economic growth is not just about have the money for the training? budget on a tax cut, and the newest one numbers; it is about the values on Do my colleagues know that in the now that they have proposed, the gen- which America and its people thrive. Navy and the Air Force we have no tleman’s leadership has proposed, not Let me go through some of the things more adversary aircraft? The reason the gentleman, there is no money left. that I think have hurt our chances for that I am alive today is because, when If we take 90 percent of the total uni- the economy: first of all, by spending I fought against the MiGs in Vietnam, fied budget and apply it to the debt, the Social Security trust fund; sec- I had better training and better equip- there is no money left this year to in- ondly, 149 deployments for our military ment. But the training today is sub- crease defense spending in those areas in which our military was at a pretty standard. We do not have those adver- where the gentleman from California sad state. sary aircraft. and I would agree. That is my problem. I just spoke to the COs in the fighter We put $3 billion into Haiti. Go to If my colleagues take it out 10 years, weapons schools in both services. The Haiti. I challenge any Republican or there is no money. FMC rate, the full mission capable rate Democrat to go there. Look between Let me go back. The gentleman from of our aircraft and our equipment has the airport and the embassy. There is California mentioned the Reagan gone down. If we had to meet the mini- an average of three murders a day on years. I happen to be a Member that mums of a quadrennial review or bot- that highway, and carjackings. One can served here during that period of time. toms-up review, we could not do it drive a semitruck into the holes; but I happen to be a Democrat on this side today. I think that is wrong. yet we put money into Haiti. Do my of the aisle that helped pass much of colleagues know where the money is? I think for the Clinton-Gore White House to drag our military through 149 the Reagan revolution. Take a look at Arastide’s bank ac- But I think it is important that we deployments, depreciate our men and count. But yet we have not done a set in proper perspective, when we our women and our equipment, cut thing in Haiti. But, yes, we lost some start comparing total outlays in spend- their military and then the veterans’ people there. We got kicked out of ing as a percent of gross domestic prod- COLAs I think is wrong. there. 1 I stand before my colleagues, Mr. uct during the Reagan years was 21 ⁄2 In Somalia, the same thing. We can- Speaker, tonight. Are we perfect on the percent. It increased to 22 percent in not fight a Kosovo and fly 86 percent of Republican side? Absolutely not. We the Bush years. It has dropped to 20 all the missions just because the U.N. have got a long way to go, I think, with percent in the Clinton years, which the and NATO do not have the aircraft and our own budgets and everything else. gentleman’s side of the aisle had de- the technology. Either they need to up- But I do think the principles of Ron- served some credit for bringing down grade their aircraft and technology for ald Reagan of less taxes and smaller the spending. standoff weapons or they need to pay government, of making sure that gov- But when one counts administra- the United States those billions of dol- ernment that is wasteful is eliminated, tions, it is not correct to say that gov- lars that it costs us: $16 billion for Bos- those principles are sound and go for- ernment has grown in the last 8 years. nia, the four times going into Iraq, ward a long way. It has not. Federal employment has bombing an asprin factory. At the Mr. Speaker, I yield to the gentleman dropped from 2.1 million Federal em- same time, General Ryan told me we from Texas (Mr. STENHOLM). ployees during the Reagan years, went put a year’s life on every one of our Mr. STENHOLM. Mr. Speaker, I up to 2.2 million in the Bush years, and aircraft, a year’s life, and which we thank the gentleman from California dropped to 1.8 million in the Clinton have parts. for yielding to me. years. What is happening today? We are Mr. Speaker, I would like first to as- I do not say that in defense, because only keeping in 22 percent of our en- sociate myself with the gentleman’s re- I am much more interested in the fu- listed into the military. I talked to the marks as he has discussed the defense ture than I am in the past. I rejoice in SEAL team commander yesterday. He needs of this country and the needs the fact that we now have a surplus, has right the opposite. Those kids are that we need to follow through. I cer- that we are, in fact, discussing how we motivated. They have increased their tainly want to join with him. shall spend the surplus. During my recruiting and retention; but yet they But by the same token, I think it is hour, we are going to talk about this have problems in research and develop- important, and I say this now, anytime surplus is fictional. We cannot spend it ment and procurement. But when we one starts pointing fingers, I was re- like it is real money. It is projected. only keep 22 percent of our enlisted, minded that anytime one points one’s But discretionary spending, defense, think about our experience level in finger, there are always three pointing defense spending, let me make this maintenance. back at one. point to bear out what the gentleman The average fighter in the Air Force The gentleman from California (Mr. has been saying as regards to defense. is 18 years. Our bombers are 39 years CUNNINGHAM) has been doing a lot of The Johnson years, oh, how we have September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7569 heard about those. Discretionary those peacekeeping missions. That is where people go to work every day, spending as a percent of gross domestic all I wanted to make a statement for. where seniors reside and so forth. product was 12 percent. The Reagan Mr. STENHOLM. Mr. Speaker, I Following the terrible events at Col- years, it dropped to 9.5. The Bush thank the gentleman from California umbine High School last year, Presi- years, it dropped to 8.5. The Clinton (Mr. CUNNINGHAM) for that comment. dent Clinton ordered the Federal Trade years, 6.8. Nondefense, though, 3.7. Again, in that area, he and I are going Commission to investigate the role Johnson. Reagan, 3.5. to find that we agree a heck of a lot that the entertainment industry f more than we disagree. But I wish he played in promoting youth violence. could stick around for the remaining The report that came out by chairman ORDER OF BUSINESS hour because I would love to have a Pitofsky of the Commission says, and I Ms. KAPTUR. Mr. Speaker, I ask good honest discussion about where we quote: ‘‘For all three industry seg- unanimous consent to reclaim my 5 might differ on some of how we get to ments, the answer is yes. Targeted minutes that was yielded to me earlier that point. But maybe next time. marketing to children of entertain- in the evening. Mr. CUNNINGHAM. Mr. Speaker, I ment products with violent content is The SPEAKER pro tempore (Mr. would be glad to arm wrestle with the pervasive and aggressive. Whether we SCARBOROUGH). Is there objection to gentleman from Texas (Mr. STENHOLM) are talking about music recording, the request of the gentlewoman from or even the gentlewoman from Ohio movies or computer games, companies Ohio? (Ms. KAPTUR) in the future. in each entertainment segment rou- Mr. CUNNINGHAM. Mr. Speaker, re- Mr. STENHOLM. Mr. Speaker, I yield tinely end run and thereby undermine serving the right to object, and I will to the gentlewoman from Ohio (Ms. parental warnings by target marketing not if the gentlewoman from Ohio will KAPTUR). their products to young audiences.’’ agree with this. The gentleman from MARKETING OF VIOLENCE TO CHILDREN BY I bring this up also because we did a ENTERTAINMENT INDUSTRY Texas (Mr. STENHOLM) has just spoken. recent survey in our office of constitu- I would like to make maybe a 1- or 2- Ms. KAPTUR. Mr. Speaker, I thank ents in our district asking them about minute comment. I have to run to a the kind gentleman from Texas (Mr. television. dinner. STENHOLM) for yielding me a few brief b moments here. I will not encroach on 1830 Mr. STENHOLM. Mr. Speaker, I can Seventy-three percent of the respond- yield from my time. his time. I know he has been waiting. No one has been a finer leader on the ents graded the impact of television on Ms. KAPTUR. Mr. Speaker, I have no America’s youth as unwholesome with problem with that. issue of balancing our budget and get- ting the long-term debt and the annual a negative impact on youth develop- f deficits down than the gentleman from ment. Moreover, when asked to list three major concerns facing our coun- ONGOING SAGA OF BUDGET Texas (Mr. STENHOLM). He has been a try, constituents in Ohio’s Ninth Dis- SURPLUS leader for all of us. So for him to yield me a few moments of his time this trict responded television, radio, and The SPEAKER pro tempore. Under evening is a great privilege for me, and movies contributed to the moral the Speaker’s announced policy of Jan- I thank the gentleman so very much. debasement of our youth. uary 6, 1999, the gentleman from Texas Mr. Speaker, I wanted to enter some If that is not bad enough, and that is (Mr. STENHOLM) is recognized for 60 remarks in the RECORD here concerning the reason I am down here tonight, I minutes as the designee of the minor- the recent ruling by the Federal Trade received this letter from the country of ity leader. Commission that was highlighted in Ukraine this week from a religious Mr. STENHOLM. Mr. Speaker, I yield the New York Times yesterday and in leader in that country who says to me, to the gentleman from California (Mr. every major newspaper around the ‘‘Congresswoman, you know, there is a CUNNINGHAM). country with the headline: ‘‘Violence deep economical crisis in our country REASONS FOR ECONOMIC PROSPERITY IN in the Media is Aimed at the Young, today. Social wounds are opened like AMERICA Federal Trade Commission says. Re- crimes, alcoholism, prostitution, drugs, Mr. CUNNINGHAM. First of all, I port finds pervasive and aggressive and much of the humanitarian help agree with the gentleman that it is marketing of films and video games to coming from all over the world is in Congress that spends money. Congress our youth.’’ the form of clothing and food and med- is responsible for the budgets that go I am so concerned about this I will be ical goods. But, please, there is a lot of forward. The President and the Vice sending parts of my remarks tonight to bad, immoral, wild nourishment,’’ and President make recommendations. My the gentleman who represents the mo- he puts those words in quotes,’’ that point is that those recommendations tion picture industry here in Wash- comes here as an ultra modern one. have not been wise. The recommenda- ington, Mr. Jack Valenti, along with ‘‘All this stinking mud that comes to tions that we have made have been the heads of all of our three major Ukraine comes from America and from fought, whether it is welfare reform, commercial networks, along with the Europe. The cult of violence and por- balanced budget and so on. heads of those that sponsor MTV in our nography just fell as locusts onto our Secondly, the defense, we spent the country, to say that we are the most children’s souls and their schools, their money. I believe that, without the 1993 affluent society in the world; and yet houses, and on the streets. defense cuts, without the additional we witness constantly school shoot- ‘‘The television today is working for cuts, without the 149 deployments ings, teens committing murders, first hell, straight. Children are unprotected which has mostly come in, and the gen- graders carrying guns into our schools as no one else.’’ tleman from Texas I think would to shoot fellow students. So I say to those in charge of the vis- agree, comes out of operation and We can all ask ourselves what is hap- ual images put before the people of the maintenance for the military, those pening deep inside this society and why world, when a Member of Congress re- cuts have come deep. do we have to read about children com- ceives a letter like this from a citizen There is also, fraud, waste, and abuse mitting crimes, violent crimes almost in another country, I have to tell you, within DOD. We need to eliminate that on a daily basis. With all the national it is a heavy burden that we carry of as well, and I will work with the gen- reports indicating major crime is com- true embarrassment. tleman on that. But when it says that ing down in our country, why is it that How do we defend this not just here we are responsible for the state of the parents in my neighborhood feel that at home, but abroad? It is defenseless. military, I disagree in the fact that we they cannot allow their children to You cannot be happy about any of this. have been unable, whether it was ex- ride their bicycles more than two Do my colleagues know what he tension of Somalia or Haiti or Kosovo blocks away from the house because asks? And I am going to ask Mr. Va- and Bosnia, all of those different they fear for their lives and for their lenti, I am going to ask the major things, that that has put an additional health? media moguls of our country. He says, toll on our military that we would not We live in a very, very working-class ‘‘We need help with ethics in our have had if we had not been forced into normal community in our country schools. We need help with printing H7570 CONGRESSIONAL RECORD — HOUSE September 13, 2000 books to try to teach the youth here But so often is the case that we tend defense spending, that we must in- about our ethics. We need at least 10 to exaggerate the truth. I am often re- crease the amount of spending that we copies of every book for every school minded of the infamous words of an are now doing on defense because we library in our country. But, Congress- Oklahoman, Will Rogers, who once ob- are short of parts, we are short in the woman, publishing of these books on served, ‘‘It ain’t people’s ignorance area of operations and management ethics cost money. that bothers me so much. It is them and maintenance, and we are dras- ‘‘Can you help us? In the current sit- knowing so much that ain’t so is the tically short changing the future by uation here, we do not have the ability problem.’’ And we get an ample not making capital investments in our to help ourselves yet.’’ amount of statements on this floor defense capabilities. He says, ‘‘Please share our opinion that are just not so. That means that by assuming that and our longing and then we ask you to It is great for our country that we we are going to only increase defense help us in this thing for the children’s are now running a theoretical surplus. spending at the rate of inflation is a good.’’ But just as in the September 4 issue of mirage. So I appreciate the gentleman from U.S. News and World Report, Mortimer What is scary to me is that, if enough Texas (Mr. STENHOLM) allowing me Zuckerman, the editor in chief, stated, people believe this and we should pass these few moments this evening. ‘‘the surplus is a mirage.’’ He is cor- a $1.6 trillion tax cut that we would I include this statement for the rect. find out there will be no money there RECORD: We have heard the gentleman from for any increases and that our country DEAR CONGRESSWOMAN KAPTUR: I ask you Mississippi (Mr. TAYLOR), and perhaps cannot afford. hoping your helping for us in the very nec- Now, we hear about Social Security, essary and important thing. ‘‘Not with the he will join us a little bit later again bread alone lives a man’’—these words might this evening, talking about the fact another trust fund that I think needs be the title of it. that there really is no surplus. Well, I to be locked up and taken off budget, There is a deep economical crisis in think we have to adjust that statement and again I hear bipartisan agreement Ukraine now: a lot of social wounds are a little. to this; and that is in the area of Medi- opened like crimes, alcoholism, prostitution, The Concorde Coalition’s debt clock care, $400 billion. drugs etc. Much of the humanitarian help on Wall Street came down last week. If we take all of the needed increases, now come here from all over the world. Most defense, military and veterans’ pro- of it is clothes, food, remedy, some goods. Last week was the first week in which But, gentlemen, besides it there are a lot of we did begin to run a small surplus. grams, health care, this is one area bad, immoral, wild ‘‘spiritual’’ nourishment But to those that continue to talk that the majority of Members on both that comes here as an ultramodern one. All about a $4.6 trillion surplus like it is sides of the aisle agree that we are this ‘‘stinking mud’’ comes to Ukraine from real money, I would urge a little bit of going to have to put some additional America and Europe. The cult of violence concern and caution. monies into the Medicare and Medicaid and pornography just fell as locust onto chil- We all acknowledge when we hear reimbursement system or we are going dren souls in their schools, houses, on the $4.6 trillion in surpluses that these are to close tens if not hundreds of hos- streets. The television today is working for hell, straight. Children are unprotected. projected. Not a one of us in this body pitals around the United States, 10 to They, as none else, need the pure hopeful can predict tomorrow much less the 12 in my district alone. Therefore, this spiritual nourishment. In the network of the next 10 years. will require some additional invest- secondary schools is introduced such a sub- All of us, both sides of the aisle, ment of our taxpayer dollars. ject as ethics—the very important subject agree that of that $4.6, $2.3 trillion is Let me be very clear. When I talk especially in the new democratic countries now Social Security trust fund. It is about dollars in spending, I readily of the Western and Middle Europe, as well as the amount working men and women concur and agree that Congress has no in the whole world. But there is a lot of ad- money to spend except that which we ministrative formalism here. We still don’t are paying into the Social Security have good books for pupils. Today we need at system over and before what is being take from the American people least 10 copies of every book for every school paid out to those receiving their Social through the tax system. So whenever library. We work on this field a lot. But pub- Security checks today. we are talking about the expenditure of lishing of the thousands books needs consid- Now, that $2.8 trillion we are agree- funds, expenditure of dollars, I readily erable cost. ing to set aside. It is in a lockbox. Call agree it is your dollars, it is our dol- Please share our opinion and our longing, it what you want to. But the basic lars, but I think it is important when then we ask you to help us in this thing, for the greater God’s glory and for the children truth is we are paying down the debt we add up all of these set-asides and good. with that amount of money, and that is lockboxes, increased defense needs, the With respect, the best lockbox we can put on it. true surplus projected is closer to $800 S.P. But what is not mentioned on this billion than $4.6 trillion. Mr. Speaker, I say to the Federal floor is that $2.3 trillion over the next That is why the Blue Dogs on this Trade Commission, be strong in what 10 years is not going to be enough to side of the aisle have for the past year you do. Please help our country lead fully pay the guarantees under Social been advocating a simple formula as to each of us to a better world for our- Security beginning in 2010, the year how we deal with this year’s budget. selves and for our children here at that the baby boomers begin to retire. We have suggested that we ought to home and abroad. Therefore, that is a concern and that apply half of the projected on-budget Mr. Speaker, I thank the gentleman is why some of us have been insisting surplus to pay down the debt first and whose words of wisdom I know on our that before we pass large tax cuts we divide the remaining half equally in budget situation will also help lead us should first decide how are we going to half and say devote half of it to tax to a wiser course. He has been so re- fix Social Security for the future so cuts targeted toward the death tax re- sponsible for the better situation in that our children and grandchildren lief, the marriage tax penalty relief, which we find ourselves. will have the opportunity to receive and many other muchly needed tax re- Mr. STENHOLM. Mr. Speaker, I the benefits that are promised to them lief proposals, but do it in a conserv- thank the gentlewoman for her com- under current law. And no one can ative way; and then use the other one- ments, and I thank her for her remarks come to this floor and say that that fourth of this surplus, or half of the on another very important subject to a will happen unless we make some half, for those spending increases in de- lot of us. changes in the current system. fense, as I agree with the gentleman Mr. Speaker, let me take just a few But of the remaining $2.8 trillion, from California (Mr. CUNNINGHAM) that moments again and discuss the ever most of this is a mirage. Quoting again the need is there, for our veterans, for ongoing saga of the Federal budget. from Mortimer Zuckerman because he our military retirees, for health care, And again I repeat, as I did to my good is right on target: ‘‘The surplus fore- for our pharmaceutical benefit. friend the gentleman from California cast assumed that nonentitlement Now, here is the problem: Today, (Mr. CUNNINGHAM) a moment ago that, spending including defense spending once again, we had a veto override and whenever it sounds like I am pointing will not exceed the rate of inflation.’’ the rhetoric flowed around this body a finger, I always acknowledge that Now, we have already heard from our about the need for that tax cut. Let me there are three pointing back at me. colleague, one of the true experts on make it very clear. I totally agree, 100 September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7571 percent, that we should eliminate the situation, suddenly can come to this number of $612 billion would be a rea- marriage tax penalty. But it does not floor and suggest that that is what we sonable compromise. It is a good target require $292 billion of the projected sur- ought to do with our country. to shoot for and in a total budget of 1.8 plus in order to eliminate the marriage I do not understand it. But then when or 900 billion, compromising some- tax penalty. It takes $82 billion. And you start being critical, it is important where around $612 billion on discre- that is where the problem comes in, be- to then start talking about what you tionary spending would be a good place cause that extra $292 billion adds up to are for. To our leadership, I would sug- to start, but maybe there is a different a total number of tax cuts that we do gest that one of the things that we number. Whatever it is, I would hope not have the money to do. have done over the last several years, that we would not do a 1-year budget Let me quickly run over those, be- and I give credit to the other side of but that we would put in caps that are cause my colleagues are going to hear the aisle for their share of this accom- realistic that will meet the human a lot now about the new budget. I plishment, caps on spending have needs of the defense of this country, would congratulate my friends on the worked fairly well in reducing discre- the health of this country in Medicare other side of the aisle for coming tionary spending. In fact, let me again and Medicaid, our much needed im- around finally to the Blue Dog position read to you some interesting numbers, provement in veterans, in military re- on debt reduction, at least in their because one would never believe, never tirement programs, in the much needed rhetoric. But, unfortunately, when we believe, that discretionary spending is investment in education in this coun- start talking about 90 percent of the coming down when they listen to the try, and in agriculture, because in agri- surplus being applied to the debt, those charges that are made from the other culture we are in the depths of a de- numbers do not add up. side of the aisle. pression. Our prices are as low as they I am surprised that the leadership of Discretionary spending as a percent were during the Depression. We have this body would continue to put out of our gross domestic product in the drought. We have all kinds of problems numbers that anyone that understands Johnson years was 12 percent; in the in which we are going to need to make simple arithmetic knows do not add up. Reagan years it dropped to 9.5 percent; some kind of an investment there, or The unified surplus for this year, for in the Bush years it dropped to 8.5 per- pay the price. example, 2001, is projected at $268 bil- cent. In the last 8 years, it has dropped One never has to do anything, but lion. If we take 10 percent of that, that to 6.8 percent. Nondefense discre- there are some needs here and these is $28 billion available for tax cuts and tionary spending has gone from 3.7 per- are the priorities. appropriations this year. Debt service cent in the Johnson years to 3.5 in the Fiscal discipline, it would be nice if costs $1 billion. Reagan years up to 3.7 in the Bush every once in a while we did have a Already this year, we have voted the years and dropped to 3.4 percent in the true bipartisan attempt to arrive at marriage penalty tax cut. That takes last 8 years. these numbers, but it seems like those $15 billion in 2001 if it would have These are the accurate and honest are illusory; and I guess we are going passed. But it did not. It was vetoed. I numbers. to have to wait until the 107th Con- am saying if it would have passed, Now, what do we do? I am very dis- gress before we will get a chance to do which I assume was the desire of my appointed that we have not been able some of what I am talking about to- friends on the other side of the aisle or to sit down now and put a new set of night, but maybe not. they would not have attempted to caps. We have to put some discipline on Let me refresh all of our memories override the President. spending in this body, on my side of again because my friend from Cali- The small business minimum wage the aisle and, quite frankly, on the fornia was talking the blame game a tax cuts would cost $3 billion. The other side of the aisle, because it is in- moment ago, and I hate to talk about Portman-Cardin pension and IRA tax teresting to me, when we hear that him, he is no longer on the floor; but as cuts $1 billion. Telephone excise tax re- somehow we on this side of the aisle he and I agreed we are going to try to peal $1 billion. Repeal of the 1993 tax on are still blamed for spending we have find another hour sometime in which Social Security benefits $4 billion. been in the minority for 6 years. Last we can have some of these discussions Total tax cuts $25 billion. Medicare time I checked, the minority party because I happen to agree with him on provider restorations, of which we are cannot spend money. We do not have much of his defense positions. in agreement, $4 billion. That makes 218 votes, and, therefore, again, spend- But it is interesting when we look at the total proposals $29 billion. That has ing is bipartisan. the economy and where it is today and a deficit of $2 billion. I would like to see us put some dis- who is taking the credit for what, from And we have not made any increases cipline on us. I would like to see us a pure budget standpoint, voted by the in defense spending. We have not dealt argue for a change on this floor as to Congress, I happen to still believe very with the emergency conditions all over what the caps on discretionary spend- strongly the foundation of this econ- this country, the drought, the fires in ing ought to be in 2001, and then put omy that has given us the longest the northwest, the lack of drinking some caps, realistic caps, in what we peacetime economic expansion in the water over much of Texas. None of can do and must do in 2002, 2003, 2004, history of our country these last 8 these needs have been met as yet. But and 2005. It would put some discipline years, that the foundation was laid in yet, we continue to talk about, or at on this body that, quite frankly, we 1991. It was the so-called Bush budget, least we did up until today, that the need. It is healthy for the Congress and President Bush. He paid dearly for it. major emphasis this year must be on all of the committees to be giving real- He was unelected in 1992, but many of tax cuts. istic numbers, but also tight numbers the tough decisions that were made in Now, the Blue Dogs believe very, that we must follow because that tends that budget, I believe, laid the founda- very sincerely and very strongly that to help us avoid being wasteful, which tion for the economy that we now the best tax cut we could give the we can do a pretty good job of. enjoy. That is a personal opinion, and American people is to pay down the na- The Concord Coalition has rec- it is interesting when we look at who tional debt first. And after we have ommended this. Spending caps should voted for that budget we will find that agreed on paying down the debt, then be retained but raised to realistic lev- only 37 Republicans supported our let us discuss how we might in fact els, and I think as we debate now what President in 1991. It took bipartisan deal with fiscally responsible tax cuts those spending levels shall be in this support to pass that budget, and many just in case the projections are not ac- omnibus spending bill that it would of us have been blamed for that ever curate. make good sense for us to agree on since. that level. The Blue Dogs have sug- Then we come to the 1993 budget. Re- b 1845 gested, and here the Republican budget member that one? That was the Clin- It is amazing to me how businessmen calls for the expenditure in the discre- ton budget. That was one that we and women who serve in this body, who tionary, that is what Congress votes to Democrats paid dearly for. We got would never, ever, think in terms of spend, of $600 billion. The President is unelected and we got in the minority spending a projected surplus in their recommending $624 billion. The Blue for the first time in 40 years. Zero Re- own business or in their own family Dogs have suggested all year that the publicans voted for that budget that H7572 CONGRESSIONAL RECORD — HOUSE September 13, 2000 year, but I think that put the walls up Let me just say kind of in conclu- in the New Yorker Magazine. Here was on the economy. It was a tough budget. sion, I believe the gentleman from one. This is pretty black humor. We Admittedly, I did not support all of Iowa (Mr. GANSKE) is here and I do not have a secretary at an HMO, and she is that budget. I had my differences, par- want to take the entire hour today. I saying ‘‘Cuddly care HMO. My name is ticularly on the spending side, but it was expecting some other colleagues to Bambi. How may I help you?’’ passed. join me, but they are not here. Let me Next one, ‘‘You are at the emergency Then we go on to the 1997 balanced just say that let us not get too carried room and your husband needs approval budget agreement, and that budget away with this new budget that has for treatment.’’ Next one, ‘‘Gasping, also took bipartisan support. One been offered by the leadership of this writhing, eyes rolled back in his head would think from the rhetoric on the body to suggest that 90 percent solu- does not sound all that serious to me. other side of the aisle that this was all tion. Clutching his throat, turning purple. done with Republican support, but only Mr. Speaker, it does not add up. It Um-hum?’’ And she says here, ‘‘Have 187 Republicans supported it. I should just does not add up, and it is time for you tried an inhaler?’’ She is listening not say only. I give them tremendous us to realize that we cannot go an en- on the phone. ‘‘He is dead. Then he cer- credit for being 187 to pass that budget, tire year on a game plan of saying that tainly does not need treatment, does but it took 31 Democrats to stand up the most important thing we need in he?’’ And the last picture there on the for that one, too; and not everybody this country is a tax cut and then find lower left shows the HMO bureaucrat has been happy with that budget, but out we cannot pass it because we saying ‘‘People are always trying to rip that is the history. should not pass it, and then all of a us off.’’ When we start talking about the sudden flip to a new budget that does For years now we have seen headlines budget for this year, the Blue Dogs not add up. Neither one has added up, like this one from the New York Post, have been suggesting the 50/25/25 solu- ‘‘What his parent did not know about tion all year long. Take all of Social but there is still support on this side of the aisle, and we would be surprised HMOs may have killed this baby.’’ Security off budget. Take the remain- Here is another cartoon. This is the how much bipartisan cooperation we ing surplus projected and half of it pay HMO claims department, HMO medical could get if we just acknowledged that down the debt and divide the other half reviewer with the headphone set on is the $4.6 trillion surplus that is pro- equally between spending and tax cuts. saying, ‘‘No. We do not authorize that jected is not real and should not be We have 177 votes for our budget. That specialist. No. We do not cover that op- spent as real money. is not enough. 140 Democrats support eration. No. We do not pay for that it. Only 37 Republicans support it, but f medication.’’ Then apparently the pa- I appreciate the 37 and the 140. PATIENT PROTECTION LEGISLA- tient must have said something, be- That brings us to where we are today. TION AS IT RELATES TO cause all of a sudden the medical re- It is interesting today, because, again, HEALTH MAINTENANCE ORGANI- viewer at that HMO kind of sits up and one listens to the rhetoric, I am read- ZATIONS then angrily says, ‘‘No. We do not con- ing from the Congressional Daily sider this assisted suicide.’’ The SPEAKER pro tempore (Mr. today. Senator LOTT said we know the Or how about this headline from the fiscal year 2001 surplus will be $240 bil- SCARBOROUGH). Under the Speaker’s an- New York Post, ‘‘HMO’s cruel rules lion to $250 billion. We do not know nounced policy of January 6, 1999, the leave her dying for the doc she needs.’’ what the surplus will be in 6 years. Ex- gentleman from Iowa (Mr. GANSKE) is Pretty sensational headlines. actly. That is the point some of us recognized for 60 minutes. And then we had this cartoonist’s have been trying to make. That is why Mr. GANSKE. Mr. Speaker, I thank view of the operating room, where you some of us have cast some very dif- the gentleman from Texas (Mr. STEN- have the doctor operating. You have an ficult votes regarding the death tax, re- HOLM) for yielding a little earlier this anesthesiologist at the head of the garding the marriage tax penalty. evening. Just as a form of notice to the table and then you have an HMO bean We have said let us fix those two next speaker, I will probably speak counter. The doctor says, ‘‘Scalpel.’’ problems the best we can. In the case somewhere between 20 and 30 minutes. The HMO bean counter says, ‘‘Pocket of the death tax, let us make sure that Mr. Speaker, I want to talk tonight knife.’’ The doctor says, ‘‘Suture.’’ The no estate of $4 million and less will about a topic that I have come to the HMO bean counter says, ‘‘Band-Aid.’’ ever have to deal with the confis- floor many, many times in the last sev- The doctor says, ‘‘Let us get him to the catory, sometimes downright, what I eral years to speak about, and that is intensive care.’’ The HMO bean counter would consider, almost criminal confis- on the issue of patient protection legis- says, ‘‘Call a cab.’’ cation of property of small businesses. lation as it relates to health mainte- Some of these I think have passed We can do that, and the President will nance organizations, HMOs. the realm of being even humorous, be- sign that. It does not take $105 billion, Mr. Speaker, I remember a few years cause it has just been going on too and it does not take leaving a black ago, it must be about 4 years, that my long. You notice you do not see Jay hole in 2010 for Social Security, which wife and I went to a movie called As Leno or David Letterman talking much is my primary objection to that bill Good as It Gets. We were in Des any more about HMOs. It has just gone that is no longer on the table. Moines, Iowa, at a theater and I saw on too long. People are being hurt The Concord Coalition has some good something happen that I do not think I every day by capricious rules that deny ideas. In deciding the future of discre- have ever seen at a theater. During people medically necessary care by tionary spending caps, policymakers that scene, when Helen Hunt talks to HMOs; and patients have lost their must balance four major objectives: Jack Nicholson about the type of care lives because of it. adequate funding for national prior- that her son in the movie, with asth- Here are some real-life examples. ities. We can find some bipartisan sup- ma, was getting from her HMO and she This woman was hiking in the moun- port for determining that number, and uses some rather spicy language that I tains west of Washington, D.C., in Vir- we can put some new caps into place cannot say here on the floor of the ginia. She fell off a 40-foot cliff. She that we can certainly live with for the House of Representatives, people stood fractured her skull. She broke her arm. next 5 years. They have to have some up and clapped and applauded in that She had a broken pelvis. She is laying political reality. We cannot come on movie theater. I do not think I have there at the bottom of this 40-foot cliff. the one hand and spend all of it on a ever seen that before. Fortunately, her boyfriend had a cel- tax cut before we get into the priority b lular phone. So they flew in a heli- spending and we have to get honesty in 1900 copter. They strapped her on, flew her budgeting. I think the Concord Coali- Mr. Speaker, that was an indication 4 to the emergency room. She was in the tion is on to something, as they usu- years ago that there was a problem ICU, there for weeks on intravenous ally are, because they are bipartisan in with the type of care that HMOs were morphine for the pain. nature. They avoid the partisan rhet- delivering. Then, Mr. Speaker, we And then a funny thing happened, oric that often flows around this body, began to see the problems that patients when she finally got out of the hos- particularly in those years divisible by were having with HMOs captured in po- pital, she found out that her HMO re- two. litical cartoons. Things like cartoons fused to pay the bill. Why, you ask. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7573 Well, the HMO said that she did not They knew Jimmy was sick. They failure of Congress to amend a statute phone ahead for prior authorization. were not medical professionals. They that, due to the changing realities of Now, I ask you something, this lady’s did not stop because they knew if they the modern health care system, has name is Jackie, how was Jackie sup- did it without authorization, they gone conspicuously awry from its origi- posed to know that she was going to would be left with a bill. Unfortu- nal intent. fall off that cliff, then maybe when she nately, before they got to the author- I have had Federal judges tell me, is lying at the bottom of that cliff ized hospital, Jimmy had a cardiac ar- beg me to change that Federal law; semicomatose she is supposed to have rest. Imagine you holding little Jimmy number one, they think that these the presence of mind with her non- trying to keep him alive while you are types of medical malpractice decisions broken arm to reach into her coat trying to find that distant emergency should be handled in the State courts, pocket and pull out a cellular phone room. Finally, when they pull in to the like they are for anyone else. Number and dial an 1–800 HMO number and say hospital emergency room, mom throws two, they realized that because of pro- I just fell off a 40-foot cliff, I need to go open the door, leaps out, screaming, visions in that law, they cannot even to an emergency room, is that okay? help my baby, help my baby, a nurse address the issue of the health plan de- Maybe when she is in the ICU for a comes running out, resuscitated fining medical necessity in any way week on intravenous morphine, she is Jimmy. they want to. supposed to have the presence of mind They put in lines. They give him What does that mean? Well, under to phone the HMO? Real life story. medicines. They get him going. They the ERISA law, a health plan can write How about this woman in the center? save his life. Unfortunately, because of a contract for the employees that basi- This woman’s case was profiled on a that delay in medically necessary cally says we are not liable for any- cover story on Time magazine 2 years treatment, they cannot save all of thing if we follow our own definition of ago, maybe it was 3 years ago now. Her Jimmy because gangrene sets in in his what we consider to be medically nec- HMO denied her medically necessary hands and his feet, and little Jimmy’s essary. So they can write a provision in care, and she died. Now, her little boy hands and his legs have to be ampu- the contract for an employee, for you, and her little girl do not have a mother tated. That HMO made a medical deci- that would basically say we define and her husband does not have a wife. sion, instead of saying it sounds like he medical necessity as the cheapest, Before coming to Congress, I was a is sick, take him to the nearest emer- least expensive care, quote, unquote, as reconstructive surgeon. I took care of gency room, it is okay with us, we will determined by us. babies that were born with this type of pay for it. They said, no, no, we only That means that for this little boy birth defect, a cleft lip and a cleft pal- authorize you going to that far away who was born with a cleft lip and pal- ate. Do you know that more than 50 hospital. ate, instead of the traditional and opti- percent of the surgeons who repair Mr. Speaker, little Jimmy is going to mal treatment of surgical correction these types of birth defects have had live all the rest of his life with bilat- utilizing the baby’s own tissues to re- HMOs deny operations for repairs re- eral hooks for hands, with protheses build the defect, that HMO could say lated to this defect, because HMOs for legs. He is about 7 years old now. In well, under our definition of the cheap- have said that that is a ‘‘cosmetic de- fact, I brought him to the floor of this est least expensive care, you know, just fect’’? House of Representatives during our in the roof of his mouth, that big hole Just imagine that you were the par- debate on patient protection legisla- there, just put like an upper denture ents of a baby born with this defect, tion almost a year ago, and he is a plate. number one, the baby is not going to great kid. He is doing good. He has got b 1915 learn how to speak normally, because good folks, but I will tell you what, he there is a hole in the roof of the mouth. is never going to play basketball, and It is called an obturator, made of Food is going to come out of the nose. he is never going to touch with his plastic. Of course, a baby like this, it Is that a cosmetic problem? Is speech a hand the cheek of the woman that he might fall out, it might even be swal- cosmetic problem? Not that I ever loves, and that HMO should be respon- lowed. So what? We can do that, be- heard of. I happen to think it is a sible for that decision. cause we defined it, medically nec- human right. It is a devine right to Unfortunately, there is a Federal essary care, as the cheapest, least ex- look human, and I think it is just abso- law, a 25-year-old Federal law called pensive care. I think that is wrong. lutely wrong for HMOs to do what they the Employee Retirement Income Se- That is why judges are saying, they are do to kids who are born with birth de- curity Act. It was really written to be begging Congress, please, please, fects, many times worse than this. a pension law, but it was applied to change that law. Our hands are tied. Let me tell you about this little baby health plans. And what it did was it Well, here we are, as I said before, al- boy. His name is James. When he was 6 took away oversight of health insur- most a year since we passed in this months old, about 3:00 in the morning, ance from the States for people who House a bipartisan vote, 275 to 151, the his mother found that he was really get their insurance through their em- Norwood-Dingell-Ganske Bipartisan sick, and he had a temperature of ployer, and it did not institute any of Consensus Managed Care Reform Act, a about 105. She asked her husband what the safeguards for quality control to real patient protection act. It has been they should do, and they said well, we prevent the types of problems like lit- almost a year. And I will tell you what, better phone that HMO that we belong tle Jimmy had, that your State insur- the public’s opinion has not changed to. They phoned the 1–800 number ance commissioners normally do. It one bit about HMOs. talked to a member a thousand miles left a vacuum. Today in USA Today they quote from away, explained how sick their baby Furthermore, it said that the only li- a Gallop organization poll a list of oc- was, and that voice at the end of the ability that that health plan would cupations or organizations that people line, who never examined this baby to have would be the cost of treatment de- say they have a great deal of or quite see how sick he was, said, well, I will nied, the cost of treatment denied. a lot of confidence in those institu- authorize you to go to an emergency That means that if little Jimmy is in tions. At the top of the list is the mili- room, but we only have a contract with an employer-sponsored health plan, a tary; 64 percent of the public have a one, so we are only going to let you go self-insured plan, the only thing that great deal of confidence in the mili- to that one, that is it. that health plan is liable for is the tary. Organized religion, 5 percent of Well, mom and dad are not medical costs of his amputations. What about the public; the police, 54 percent; the professionals, so they hop in the car. all the rest of his life? Is that fair? Is Supreme Court, 47 percent. Unfortunately, that authorized hos- that just? I do not think so. Neither Then we get down toward the bottom pital was more than 60 miles away, 60 does the Federal judicial, neither do of the institutions. Congress is down miles away, clear on the other side of the Federal judges whose hands are here at 24 percent. The criminal justice metropolitan Atlanta, Georgia. En tied, because of this law called ERISA. system, 24 percent. This probably re- route mom and dad passed three emer- Judge Gorton in Turner v. Fallon flects all of the news stories on the gency rooms that they could have Community Health Plan said even death penalty lately. But right at the stopped at. more disturbing to this court is the very bottom of this, of institutions H7574 CONGRESSIONAL RECORD — HOUSE September 13, 2000 that the public respects, only 16 per- includes many of the protections near- lican Senators who have voted against cent of the public thinks HMOs are de- ly all parties need to be addressed, in- the original Norwood-Dingell bill to serving of respect, only 16 percent. cluding the right to choose your own vote for a real patient protection bill. In fact, overwhelmingly, the public doctor, protections against gag clauses, Will they take up this opportunity? thinks that Congress should pass and access to specialists, such as pediatri- Stay tuned. But time is running out. the President should sign a real patient cians and obstetricians and gyne- People are waiting to see whether this protection law, one that would do cologists, access to emergency care, so Congress will actually deal with one of many things: one that would cover all we can prevent something from hap- the major health concerns that the Americans; one that would allow doc- pening like happened to poor little public has. Eighty-five percent-plus of tors to make medical decisions; one Jimmy, and access to information the public thinks Congress should pass that would hold those HMOs account- about the HMO’s plan. patient protection legislation to pro- able for their decisions; one that would This discussion draft applies the pa- tect them from HMO abuses, 85 per- guarantee minimum health plan stand- tient protections to all plans, including cent. About 75 percent think that that ards; one that would allow you to ap- ERISA plans, non-Federal Govern- should include legal responsibility for peal a decision to an independent re- mental plans, and those covering indi- the HMOs. view panel if an HMO denies your care; viduals. So we cover over 190 million If this bill, this discussion draft, is and one that would have that inde- Americans. This new draft addresses ignored, then I am sure we are going to pendent panel make that determina- the concerns of those who want to pro- see this as one of the major issues in tion of medical necessity, not some tect States’ rights by allowing States the coming election, and we should, bogus definition by the health plan. to demonstrate that their insurance and we should. We have been working These are all things that were in our laws are at least substantially equiva- on this legislation now, the gentleman bill, the Norwood-Dingell-Ganske bill, lent to the new Federal standards, from Georgia (Mr. NORWOOD), the gen- that we passed. thereby leaving the State law in effect. tleman from Michigan (Mr. DINGELL), Well, the Senate passed a bill too; State officials could enforce the pa- SENATOR KENNEDY and others, for and, unfortunately, to be honest, I tient protections of State law. The Sec- about 4 years. would have to characterize that Sen- retary of Labor and Health and Human When I am back home in the district ate-passed bill as an HMO protection Services can approve the State plan or people say, Why is it taking you so bill, an HMO protection bill, because it challenge it on grounds that it is inad- long to get something passed that the actually, in my opinion, had provisions equate. public overwhelmingly wants? I tell that were worse than the current situa- Under the new draft, doctors will them we are fighting a very, very pow- tion, that gave additional protections make medical decisions involving med- erful industry that has spent $100 mil- to health maintenance organizations, ical necessity. When a plan denies cov- lion lobbying against this piece of leg- rather than additional protections to erage, the patient has the ability to islation, some very, very powerful patients. pursue an independent review of the de- Washington special interests, who are After the House passed its bill and cision from a panel independent of the seeking to, in my opinion, make sure the Senate passed its bill, it went to HMO. This external review is composed that their bottom line profits come conference to iron out differences be- of medical professionals totally inde- ahead of patient protections. tween the bills, and that conference pendent of the plan and whose final Well, we will see whether we get this has not met in months. It is a failed medical necessity decision is legally done. There are not too many more conference, nothing has come out of it, binding on the plan. weeks when I will be able to come to so it is time to move; it is time to try We took the lead from the Nation’s the floor and speak about this issue, something different. courts with particular attention given but as long as we are in session for the In an effort to get patient protection to the Supreme Court’s decision in rest of this year, I will try to get an op- legislation signed into law, the gen- Pegram v. Hedrick. The new draft re- portunity to inform my colleagues on tleman from Georgia (Mr. NORWOOD), flects emerging judicial consensus. Re- where we stand. But I wanted my col- the gentleman from Michigan (Mr. DIN- cent court decisions have suggested in- leagues on both sides of the aisle to GELL), myself, and Senator KENNEDY jured patients can hold health plans ac- know that the Republicans and the have created a new discussion draft of countable in State court in disputes Democrats who truly want a real pa- the House-passed bill, the Norwood- over the quality of medical care, those tient protection piece of legislation are Dingell-Ganske bill, that seeks com- involving medical necessity decisions. working together. promise with Senator NICKLES’ amend- However, patients would have to hold We have never said, along with the ment; and some of the ideas of the health plans accountable in Federal 300-plus consumer groups and profes- House substitute bills from last year court if they wanted to challenge an sional groups that think that this leg- that did not pass. administrative decision to deny bene- islation should pass too, we have never We continue to think the original fits or coverage or for any decision not said it has to be the Norwood-Dingell- Norwood-Dingell-Ganske bill is just involving medical necessity. Ganske bill word for word. That is why fine and should be signed into law, but In addition to specific legislative pro- we have come up with this discussion we are willing to be flexible in order to visions, the discussion draft, this dis- draft. That is why the language for get a law, in order to get action in the cussion draft, answers continuing ques- many of these provisions is taken from Senate. We and the American Medical tions about the original Norwood-Din- the Nickles amendment, the Coburn- Association and over 300 health care gell-Ganske bill. For instance, the Shadegg amendment and others, at groups who supported last year’s draft says employers may not be held least half of the language. We have House-passed bill have developed this liable unless they ‘‘directly partici- made some adjustments to correct discussion draft to see if it would help pate’’ in a decision to deny benefits as some of the defects as we see it in some bring some Republican Senators on a result of which a patient was injured of those provisions, but we have been board. or killed. Even then defendants could willing to work towards a compromise We have had positive responses from not be required to pay punitive dam- to finally get this signed into law. We a number of Republican Senators, in- ages unless they showed ‘‘willful or are this close. It would be a shame for cluding those who have previously wanton disregard for the rights or safe- the leadership of Congress to hold this voted against the Norwood-Dingell bill, ty’’ of patients. important piece of legislation up. as well as those who have voted for the Another concern about the Norwood- As a physician who has taken care of Norwood-Dingell bill. We remain opti- Dingell-Ganske bill was whether it patients who have had a lot of troubles mistic that we may soon have an op- would affect the ability of health plans with HMOs, I have been on the front portunity to break this logjam. to maintain uniformity in different line; and I have seen that we truly need This discussion draft, which we have States. This new draft only subjects this type of legislation. provided to the Speaker of the House plans to State law when they make This is not a piece of legislation for along with the actual legislative lan- medical decisions that result in harm. physicians. In fact, there are provisions guage in detail, does many things. It This discussion draft will allow Repub- in our bill that could actually decrease September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7575 physician income. Nevertheless, the Mr. Speaker, I have here a Report to think we ought to be very careful and professional groups support this. Why? Congressional Requesters from the judicious about providing more money Because their first and foremost job is United States General Accounting Of- to those Medicare HMOs. We ought to to stand up for and to advocate for fice on Medicare Plus Choice. It is En- be looking, in my opinion, at ways to their patients. That is why they take titled Payments Exceed Cost of Fee- provide pharmaceutical coverage, a that Hippocratic Oath. for-Service Benefits, Adding Billions to prescription drug benefit for Medicare b 1930 Spending, and it is dated August 2000, beneficiaries, regardless of whether and it was requested by Senator GRASS- they live in New York or Los Angeles The patient-doctor relationship is LEY, by Senator ROTH, by the gen- or Miami or Harlan, Iowa. That benefit foremost. HMOs have interposed them- tleman from Michigan (Mr. DINGELL), I think should be equally available, re- selves between the doctor and the pa- and by the gentleman from California gardless of where one lives in this tient. Quite frankly, they have put a fi- (Mr. THOMAS). I think it is really im- country. If we dump additional billions nancial consideration rather than the portant for me to read the summary, into a failed HMO program called Medi- patient’s best care into that decision- the results, in brief: care Plus Choice, then I think we will making. Mr. Speaker, we need to swing ‘‘Medicare Plus Choice,’’ this is a be throwing money down the drain. that pendulum back. quote from this GAO report: Now, this brings me, finally, and I So clearly, this will be a package of Like its predecessor managed care pro- just would like my colleagues from the provisions, and I absolutely feel that it gram, has not been successful in achieving is important to support provisions for other side to know that I only have a Medicare savings. Medicare Plus Choice few more minutes in which to speak; additional coverage for our rural hos- plans attracted a disproportionate selection pitals, for example, but I will also do this brings me to another health care of healthier and less expensive beneficiaries issue, and that is that when we passed relative to traditional fee-for-service Medi- my best to try to make sure that we do the Balanced Budget Act in 1997, we care, a phenomenon known as favorable se- not go overboard with providing addi- passed several provisions on reducing lection, while payment rates largely con- tional funds to Medicare HMOs, when the rate of growth in Medicare. The im- tinue to reflect the expected fee-for-service this report from the GAO shows that plementation of those provisions has costs of beneficiaries in average health. Con- even with the implementation of a new sequently, in 1998, we estimated that the pro- risk adjuster, we will still only take actually produced significantly more gram spent about $3.2 billion or 13.2 percent savings than we planned on, and those care of 50 percent of the excess pay- more on health plan enrollees than if they ments. savings have had a significantly harm- had received services through traditional ful effect on some of the provider fee-for-service Medicare. This year, the Well, Mr. Speaker, I very much ap- groups. Health Care Financing Administration im- preciate the opportunity to speak to- Mr. Speaker, I just finished a series plemented a new methodology to adjust pay- night on health care issues, and I look of town hall meetings around my dis- ments for beneficiary health status. How- forward to working with my leadership trict. I represent Des Moines, which is ever, our results suggest that this new meth- and with members on both sides of the a major metropolitan suburban area, odology, which will be phased in over several aisle to try to get adjustments made years, may ultimately remove less than half but I also represent southwest rural for Medicare for our rural hospitals and of the excess payments caused by favorable to get finally signed into law a real pa- Iowa. There are a lot of small town selection. In addition, the combination of county hospitals in my district. Be- spending forecast errors built into the plan tient protection bill modeled along the cause of certain provisions from the payment rates and the Balanced Budget Act lines of what we passed here in the Balanced Budget Act with reduced pay- payment provisions cost an additional $2 bil- House almost a year ago, the Norwood- ments to those hospitals, those hos- lion, or 8 percent in excess payments to Dingell-Ganske bipartisan consensus pitals are having a real hard time and plans instead of paying less for health plan Managed Care Reform Act. are right on the verge of financial in- enrollees. We estimate that aggregate pay- f solvency. ments to Medicare Plus Choice plans in 1998 I grew up in a small town in north- were about $5.2 billion, or approximately LEAVE OF ABSENCE $1,000 per enrollees more than if the plan’s By unanimous consent, leave of ab- east Iowa. I know how important it is enrollees had received care in the traditional that a small town have a hospital. It is fee-for-service program. It is largely these sence was granted to: important for a number of reasons. It excess payments, and not managed care effi- Mr. GILCHREST (at the request of Mr. is important for the people who live in ciencies, that enable plans to attract bene- ARMEY) for today on account of family that town or the farm families around ficiaries by offering a benefit package that is matters. it so that they do not have to travel 70 more comprehensive than the one available f or 80 miles if they have a heart attack to fee-for-service beneficiaries while charg- SPECIAL ORDERS GRANTED or if they want to deliver a baby, but it ing modest or no premiums. is also very important to the financial Mr. Speaker, this brings us directly By unanimous consent, permission to survival of that small town. If we do to the issue of prescription drug cov- address the House, following the legis- not have a hospital in that small town, erage. Because what this is saying is lative program and any special orders it is hard to keep doctors in the town. that number one, the Medicare HMOs heretofore entered, was granted to: If we do not have a hospital and doc- have been skimming off the healthier (The following Members (at the re- tors in that town, it is hard to keep beneficiaries so that they would have quest of Mr. MCNULTY) to revise and businesses in that town, and it is al- lower costs. That way they make more extend their remarks and include ex- most impossible to convince any other money on covering those. They are get- traneous material:) business development in that commu- ting paid more for those Medicare Mr. HOLT, for 5 minutes, today. nity. So we are talking about not only beneficiaries than if those beneficiaries Ms. NORTON, for 5 minutes, today. an issue of public health, but we are were simply in the regular Medicare Mr. BROWN of Ohio, for 5 minutes, also talking about an issue of economic plan. With those excess profits, what today. survival. they do is they can entice other Mr. INSLEE, for 5 minutes, today. My committee, the Committee on healthier seniors into it by offering a Mr. PASCRELL, for 5 minutes, today. Commerce, is in the process, along prescription drug benefit. I think as we Mr. PALLONE, for 5 minutes, today. with the Committee on Ways and consider whether and how Congress Ms. KAPTUR, for 5 minutes, today. Means, of drawing up a bill to bring should implement a prescription drug Mr. GREEN of Texas, for 5 minutes, some additional funds back into Medi- benefit, we need to take into account today. care. I am working hard to ensure that this GAO report that documents that Mr. FARR of California, for 5 minutes, we get some additional funding for we have actually lost money with our today. those small towns and rural hospitals Medicare HMOs, rather than saved (The following Members (at the re- in Iowa and in other areas around the money with our Medicare HMOs. quest of Mr. DUNCAN) to revise and ex- country. There will be discussion on So when we look at this Medicare tend their remarks and include extra- whether we should provide additional give-back bill that is coming along and neous material:) payments to Medicare HMOs. I think will be signed into law, passed and Mr. MCCOLLUM, for 5 minutes, today we need to be careful on doing that. signed into law, I am pretty sure, I and September 19 and 20. H7576 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Mr. DUNCAN, for 5 minutes, today. 9993. A letter from the Director, Regula- ment Area [Docket No. 000211040–0040–01; I.D. Mr. BILBRAY, for 5 minutes, today. tions Policy and Management Staff, FDA, 082500A] received September 1, 2000, pursuant Department of Health and Human Services, to 5 U.S.C. 801(a)(1)(A); to the Committee on f transmitting the Department’s final rule— Resources. SENATE ENROLLED BILLS SIGNED Indirect Food Additives: Polymers [Docket 10003. A letter from the Acting Director, No. 98F–0484] received September 1, 2000, pur- Office of Sustainable Fisheries, National The SPEAKER announced his signa- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Oceanic Atmospheric Administration, trans- ture to enrolled bills of the Senate of mittee on Commerce. mitting the Administration’s final rule— the following titles: 9994. A letter from the Director, Regula- Fisheries of the Exclusive Economic Zone tions Policy and Management Staff, FDA, S. 1027. An act to reauthorize the partici- Off Alaska; Pollock in Statistical Area 630 of Department of Health and Human Services, pation of the Bureau of Reclamation in the the Gulf of Alaska [Docket No. 000211039– transmitting the Department’s final rule— Deschutes Resources Conservancy, and for 0039–01; I.D. 082900A] received September 7, Amendment of Various Device Regulations other purposes. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the to Reflect Current American Society for S. 1117. An act to establish the Corinth Committee on Resources. Testing and Materials Citations, Confirma- Unit of Shiloh National Military Park, in 10004. A letter from the Acting Director, tion In Part and Technical Amendment; Cor- the vicinity of the city of Corinth, Mis- Office of Sustainable Fisheries, National rection [Docket No. 99N–4955] received Sep- sissippi, and in the State of Tennessee, and Oceanic Atmospheric Administration, Na- tember 1, 2000, pursuant to 5 U.S.C. for other purposes. tional Marine Fisheries Service, transmit- 801(a)(1)(A); to the Committee on Commerce. S. 1937. An act to amend the Pacific North- ting the Administration’s final rule—Fish- 9995. A letter from the Deputy Associate eries of the Northeastern United States; At- west Electric Power Planning and Conserva- Administration, Environmental Protection tion Act to provide for sales of electricity by lantic MACKerel, Squid, and Butterfish Fish- Agency, transmitting the Agency’s final eries; Closure of Fishery for Loligo Squid— the Bonneville Power Administration to rule—National Emission Standards for Halo- joint operating entities. received September 7, 2000, pursuant to 5 genated Solvent Cleaning received Sep- U.S.C. 801(a)(1)(A); to the Committee on Re- f tember 1, 2000, pursuant to 5 U.S.C. sources. 801(a)(1)(A); to the Committee on Commerce. ADJOURNMENT 10005. A letter from the Program Analyst, 9996. A letter from the Director Regula- FAA, Department of Transportation, trans- Mr. GANSKE. Mr. Speaker, I move tions Policy and Management Staff, Federal mitting the Department’s final rule—Air- that the House do now adjourn. Drug Administration, transmitting the worthiness Directives; Boeing Model 777–200 Agency’s final rule—Topical Antifungal Drug The motion was agreed to; accord- Series Airplanes [Docket No. 97–NM–260–AD; Products for Over-the-Counter Human Use; Amendment 39–11873; AD 2000–16–16] (RIN: ingly (at 7 o’clock and 40 minutes Amendment of Final Monograph [Docket No. p.m.), under its previous order, the 2120–AA64) received August 31, 2000, pursuant 99N–1819] (RIN: 0910–AA01) received Sep- to 5 U.S.C. 801(a)(1)(A); to the Committee on House adjourned until tomorrow, Sep- tember 1, 2000, pursuant to 5 U.S.C. Transportation and Infrastructure. tember 14, 2000, at 9 a.m. 801(a)(1)(A); to the Committee on Commerce. 10006. A letter from the Program Analyst, 9997. A letter from the Assistant Secretary FAA, Department of Transportation, trans- f for Legislative Affairs, Department of State, mitting the Department’s final rule—Air- transmitting the Department’s report pursu- EXECUTIVE COMMUNICATIONS, worthiness Directives; McDonnell Douglas ant to title VIII of Publc Law 101–246, the Model DC–10–10, -15, -30, -30F, (KC–10A Mili- ETC. Foreign Relations Authorization Act, as tary), and -40 Series Airplanes; and Model amended; to the Committee on International Under clause 8 of rule XII, executive MD–10–10F and MD–10–30F Series Airplanes Relations. communications were taken from the [Docket No. 2000–NM–50–AD; Amendment 39– Speaker’s table and referred as follows: 9998. A letter from the Chair and Ranking Member, OSCE Congressional Delegation, 11866; AD 2000–16–10] (RIN: 2120–AA64) re- 9988. A letter from the Administrator, transmitting a report on the Bucharest Dec- ceived August 31, 2000, pursuant to 5 U.S.C. Food and Nutrition Service, Department of laration of the Organization for Security and 801(a)(1)(A); to the Committee on Transpor- Agriculture, transmitting the Department’s Cooperation in Europe Parliamentary As- tation and Infrastructure. final rule—Food Stamp Program: Electronic sembly; to the Committee on International 10007. A letter from the Program Analyst, Benefit Transfer (EBT) Systems Interoper- Relations. FAA, Department of Transportation, trans- ability and Portability (RIN:0584–AC91) re- 9999. A letter from the Acting Director, Of- mitting the Department’s final rule—Air- ceived September 7, 2000, pursuant to 5 fice of Sustainable Fisheries, Department of worthiness Directives; Airbus Model A330 U.S.C. 801(a)(1)(A); to the Committee on Ag- Commerce, transmitting the Department’s and A340 Series Airplanes [Docket No. 2000– riculture. final rule—Fisheries of the Exclusive Eco- NM–62–AD; Amendment 39–11867; AD 2000–16– 9989. A letter from the Congressional Re- nomic Zone Off Alaska; Pollock in Statis- 11] (RIN: 2120–AA64) received August 31, 2000, view Coordinator, Animal and Plant Health tical Area 630 of the Gulf Alaska [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Inspection Service, Department of Agri- 000211039–0039–01; I.D. 082900A] received Sep- mittee on Transportation and Infrastruc- culture, transmitting the Department’s final tember 7, 2000, pursuant to 5 U.S.C. ture. rule—Pink Bollworm Regulated Areas 801(a)(1)(A); to the Committee on Resources. 10008. A letter from the Program Analyst, [Docket No. 00–009–2] received September 10000. A letter from the Acting Director, FAA, Department of Transportation, trans- 1,2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Office of Sustainable Fisheries, Department mitting the Department’s final rule—Air- the Committee on Agriculture. of Commerce, transmitting the Department’s worthiness Directives; British Aerospace 9990. A letter from the Secretary, Depart- final rule—Fisheries of the Exclusive Eco- HP137 Mkl, Jetstream Series 200, and Jet- ment of Defense, transmitting a report on nomic Zone Off Alaska; Other Red Rockfish stream Models 3101 and 3201 Airplanes [Dock- the approved retirement and advancement in the Bering Sea Subarea of the Bering Sea et No. 98–CE–117–AD; Amendment 39–11870; grade of Admiral Donald L. Pilling, United and Aleutian Islands Management Area AD 2000–16–13] (RIN: 2120–AA64) received Au- States Navy; to the Committee on Armed [Docket No. 000211040–0040–01; I.D. 082800B] gust 31, 2000, pursuant to 5 U.S.C. Services. received September 7, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 9991. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. tions Policy and Management Staff, FDA, sources. 10009. A letter from the Program Analyst, Department of Health and Human Services, 10001. A letter from the Acting Assistant FAA, Department of Transportation, trans- transmitting the Department’s final rule— Secretary, U.S. Fish and Wildlife Service, mitting the Department’s final rule—Air- Biological Products Regulated Under Sec- Department of Interior, transmitting the De- worthiness Directives; Wytornia Sprzetu tion 351 of the Public Health Service Act; partment’s final rule—Migratory Bird Hunt- Model PZL–104 Wilga 80 Airplanes [Docket Implementation of Biologics License; Elimi- ing; Migratory Bird Hunting Regulations on No. 2000–CE–52–AD; Amendment 39–118969; nation of Establishment License and Product Certain Federal Indian Reservations and AD 2000–16–51] (RIN: 2120–AA64) received Au- License; Technical Amendment [Docket No. Ceded Lands for the 2000–01 Early Season gust 31, 2000, pursuant to 5 U.S.C. 98N–0144] received September 1, 2000, pursu- (RIN 1018–AG08) received August 31, 2000, 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. on Commerce. mittee on Resources. 10010. A letter from the Program Analyst, 9992. A letter from the Director, Regula- 10002. A letter from the Acting Director, FAA, Department of Transportation, trans- tions Policy and Management Staff, FDA, Office of Sustainable Fisheries, National mitting the Department’s final rule—Air- Department of Health and Human Services, Oceanic and Atmospheric Administration, worthiness Directives; Boeing Model 767–200, transmitting the Department’s final rule— transmitting the Administration’s final -300, and -300F Series Airplanes [Docket No. Indirect Food Additives: Adjuvants, Produc- rule—Fisheries of the Exclusive Economic 99–NM–54–AD; Amendment 39–11871; AD 2000– tion Aids, and Sanitizers [Docket No. 99F– Zone Off Alaska; Species in the Rock sole / 16–14] (RIN: 2120–AA64) received August 31, 0127] received September 1, 2000, pursuant to Flathead sole / ‘‘Other flatfish’’ Fishery Cat- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on egory by Vessels Using Trawl Gear in the Committee on Transportation and Infra- Commerce. Bering Sea and Aleutian Islands Manage- structure. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7577 10011. A letter from the Program Analyst, sions relating to foreign sales corporations connection for certain presumptive disabil- FAA, Department of Transportation, trans- (FSCs) and to exclude extraterritorial in- ities of Persian Gulf War veterans partici- mitting the Department’s final rule—Air- come from gross income; with an amendment pating in Department of Veterans Affairs worthiness Directives; Bombardier Model (Rept. 106–845). Referred to the Committee of health study; to the Committee on Veterans’ DHC–7–100, and DHC–8–100, -200, and -300 Se- the Whole House on the State of the Union. Affairs. ries Airplanes [Docket No. 2000–NM–90–AD; f By Mr. FROST: Amendment 39–11857; AD 2000–16–03] (RIN: H.R. 5168. A bill to amend the Public 2120–AA64) received August 31, 2000, pursuant PUBLIC BILLS AND RESOLUTIONS Health Service Act with respect to the com- to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public pensation rules under the National Vaccine Transportation and Infrastructure. bills and resolutions of the following Injury Compensation Program for vaccines 10012. A letter from the Program Analyst, administered before the effective date of titles were introduced and severally re- such program; to the Committee on Com- FAA, Department of Transportation, trans- ferred, as follows: mitting the Department’s final rule—Air- merce. worthiness Directives; Saab Model SAAB By Mr. MCGOVERN (for himself, Mr. By Mr. LAHOOD (for himself and Mr. 340B Series Airplanes [Docket No. 2000–NM– PETERSON of Pennsylvania, Mr. HILL- GOODLATTE): 225–AD; Amendment 39–11872; AD 2000–16–15] IARD, Mr. WATKINS, Mr. JEFFERSON, H.R. 5169. A bill to reenact the United (RIN: 2120–AA64) received August 31, 2000, Mr. ENGLISH, Mr. MCINTOSH, Mrs. States Warehouse Act to require the licens- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- THURMAN, Mr. HILLEARY, Mr. ing and inspection of warehouses and other mittee on Transportation and Infrastruc- WEYGAND, Mr. SANDERS, Mr. COOK, structures used to store agricultural prod- ture. Mr. RAHALL, Mr. TIERNEY, Mr. MOAK- ucts, to provide for the issuance of receipts, 10013. A letter from the Program Analyst, LEY, Mr. WAMP, Mr. POMEROY, Mr. including electronic receipts, for agricul- FAA, Department of Transportation, trans- CONYERS, Mr. GOODE, Mr. DICKEY, Mr. tural products stored or handled in licensed mitting the Department’s final rule—Air- DOYLE, Mr. FRANK of Massachusetts, warehouses, and for other purposes; to the worthiness Directives; Airbus Industrie Mr. NEY, Ms. MILLENDER-MCDONALD, Committee on Agriculture. Model A300 B2 and B4 Series Airplanes Mr. ROMERO-BARCELO, Mr. FROST, Mr. By Ms. MILLENDER-MCDONALD: H.R. 5170. A bill to amend the Internal Rev- [Docket No. 97–NM–184–AD; Amendment 39– KIND, Mr. BALDACCI, Mr. OLVER, Mr. enue Code of 1986 to reduce the marriage pen- 11862; AD 2000–16–07] (RIN: 2120–AA64) re- MURTHA, Mr. GOODLING, and Mr. alty by providing for adjustments to the ceived August 31, 2000, pursuant to 5 U.S.C. ALLEN): standard deduction and the earned income 801(a)(1)(A); to the Committee on Transpor- H.R. 5163. A bill to amend title XVIII of the Social Security Act with respect to pay- credit and to repeal the reduction of the re- tation and Infrastructure. ments made under the prospective payment fundable tax credits; to the Committee on 10014. A letter from the Program Analyst, system for home health services furnished Ways and Means. FAA, Department of Transportation, trans- under the Medicare Program; referred to the By Mr. POMEROY: mitting the Department’s final rule—Air- Committee on Ways and Means, and in addi- H.R. 5171. A bill to amend the Internal Rev- worthiness Directives; Boeing Model 737–100. tion to the Committee on Commerce, for a enue Code of 1986 to permit a husband and -200, and -200C Series Airplanes [Docket No. period to be subsequently determined by the wife to file a combined return to which sepa- 2000–NM–183–AD; Amendment 39–11844; AD Speaker, in each case for consideration of rate tax rates apply; to the Committee on 2000–15–12] (RIN: 2120–AA64) received August such provisions as fall within the jurisdic- Ways and Means. 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to tion of the committee concerned. By Mr. SHAW (for himself and Mr. the Committee on Transportation and Infra- By Mr. UPTON (for himself, Mr. TAU- KLECZKA): structure. ZIN, Mr. MARKEY, Mrs. WILSON, Mr. H.R. 5172. A bill to amend title XVIII of the 10015. A letter from the Duputy Associate BOUCHER, Mr. WHITFIELD, Mr. GREEN Social Security Act to ensure access to dig- Administrator, Environmental Protection of Texas, Mr. ROGAN, Mr. WAXMAN, ital mammography through adequate pay- Agency, transmitting the Agency’s final Mr. BILBRAY, Mr. FOSSELLA, Mr. GOR- ment under the Medicare system; referred to rule—Request for Statement of Qualifica- DON, Ms. DEGETTE, Mr. LUTHER, Ms. the Committee on Commerce, and in addi- tions (RFQ) for Administrative, Technical ESHOO, and Ms. MCCARTHY of Mis- tion to the Committee on Ways and Means, and Scientific Support to the Chesapeake souri): for a period to be subsequently determined Bay Program; Fiscal Years 2001–2006—re- H.R. 5164. A bill to amend title 49, United by the Speaker, in each case for consider- ceived September 1, 2000, pursuant to 5 States Code, to require reports concerning ation of such provisions as fall within the ju- U.S.C. 801(a)(1)(A); to the Committee on defects in motor vehicles or tires or other risdiction of the committee concerned. Transportation and Infrastructure. motor vehicle equipment in foreign coun- By Mr. FORBES (for himself, Ms. ROS- 10016. A letter from the Associate Adminis- tries, and for other purposes; to the Com- LEHTINEN, Mr. DEUTSCH, Mr. LANTOS, trator for Procurement, National Aero- mittee on Commerce. Mr. HASTINGS of Florida, Mr. nautics and Space Administration, transmit- By Mr. BLUMENAUER (for himself, PALLONE, Mr. SANDERS, Mr. BONIOR, ting the Administration’s final rule—Prop- Mrs. CHRISTENSEN, Ms. DELAURO, Mr. Mr. FRANK of Massachusetts, Mr. erty Reporting Requirements—received Sep- FARR of California, Mr. KUCINICH, Mr. MCGOVERN, Mr. FROST, and Mr. tember 7, 2000, pursuant to 5 U.S.C. MCGOVERN, Mr. PALLONE, Mrs. JONES MCNULTY): 801(a)(1)(A); to the Committee on Science. of Ohio, Mr. WEYGAND, and Mr. H. Con. Res. 398. A concurrent resolution 10017. A letter from the Associate Adminis- HOEFFEL): expressing the sense of the Congress that a trator for Procurement, National Aero- H.R. 5165. A bill to assist States with land postage stamp should be issued to honor the nautics and Space Administration, transmit- use planning in order to promote improved Jewish War Veterans of the United States of ting the Administration’s final rule—Insur- quality of life, regionalism, sustainable eco- America; to the Committee on Government ance—Partial or Total Immunity from Tort nomic development, and environmental Reform. Liability for State Agencies and Charitable stewardship, and for other purposes; to the By Mr. GOODLING (for himself, Mr. Committee on Resources, and in addition to Institutions—received September 7, 2000, MCKEON, Mr. CASTLE, Mrs. ROUKEMA, the Committees on Banking and Financial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BALLENGER, Mr. GREENWOOD, Mr. Services, and Agriculture, for a period to be mittee on Science. MCINTOSH, Mr. NORWOOD, Mr. subsequently determined by the Speaker, in 10018. A letter from the Chief, Regulations ISAKSON, Mr. GEORGE MILLER of Cali- each case for consideration of such provi- Unit, Internal Revenue Service, transmitting fornia, Mr. KILDEE, Mrs. MINK of Ha- sions as fall within the jurisdiction of the the Service’s final rule—Definition of a waii, Mr. SCOTT, Ms. PRYCE of Ohio, committee concerned. Qualified Interest in a Grantor Retained An- Mrs. WILSON, Mr. BASS, Mr. By Ms. SCHAKOWSKY (for herself, Mr. nuity Trust and a Grantor Retained Unitrust BALDACCI, Mr. FRELINGHUYSEN, Ms. RUSH, Mr. BLAGOJEVICH, Mrs. MCCAR- [TD 8899] (RIN: 1545–AW25) received Sep- BALDWIN, Mr. BEREUTER, Mrs. THY of New York, Mr. WAXMAN, and tember 5, 2000, pursuant to 5 U.S.C. BIGGERT, Mr. BILBRAY, Mr. BILIRAKIS, Mr. FROST): 801(a)(1)(A); to the Committee on Ways and Mr. BROWN of Ohio, Mr. BURR of Means. H.R. 5166. A bill to amend titles XVIII and XIX of the Social Security Act to impose re- North Carolina, Mr. ENGLISH, Ms. f quirements with respect to staffing in nurs- ESHOO, Mr. EWING, Mr. FARR of Cali- fornia, Mr. FILNER, Mr. FOSSELLA, REPORTS OF COMMITTEES ON ing facilities receiving Medicare or Medicaid funding; referred to the Committee on Ways Mr. FRANKS of New Jersey, Mr. GIB- PUBLIC BILLS AND RESOLUTIONS and Means, and in addition to the Committee BONS, Mr. GUTKNECHT, Mr. HILL of Under clause 2 of rule XIII, reports of on Commerce, for a period to be subse- Montana, Mrs. JOHNSON of Con- committees were delivered to the Clerk quently determined by the Speaker, in each necticut, Mrs. KELLY, Mr. KNOLLEN- BERG, Mr. LATOURETTE, Mr. for printing and reference to the proper case for consideration of such provisions as fall within the jurisdiction of the committee LOBIONDO, Mr. MILLER of Florida, Mr. calendar, as follows: concerned. GARY MILLER of California, Mrs. Mr. ARCHER: Committee on Ways and By Mrs. CAPPS: MORELLA, Mr. NUSSLE, Mr. PETERSON Means. H.R. 4986. A bill to amend the Inter- H.R. 5167. A bill to amend title 38, United of Pennsylvania, Mr. RAMSTAD, Mr. nal Revenue Code of 1986 to repeal the provi- States Code, to protect ratings of service- REYNOLDS, Ms. RIVERS, Mr. ROGAN, H7578 CONGRESSIONAL RECORD — HOUSE September 13, 2000

Ms. ROS-LEHTINEN, Mr. SERRANO, Mr. H.R. 3275: Mrs. MINK of Hawaii. H.R. 4976: Mr. HEFLEY, Mr. HINCHEY, Mr. SESSIONS, Mr. SISISKY, Mr. SHER- H.R. 3328: Ms. DELAURO. SANDLIN, Mr. GARY MILLER of California, Mr. WOOD, Mr. SKEEN, Mr. THUNE, Mr. H.R. 3372: Mr. BALDACCI. FROST, Mrs. MORELLA, Mrs. TAUSCHER, Mr. UDALL of New Mexico, Mr. WALSH, H.R. 3573: Mrs. CUBIN. HOEFFEL, and Mr. BLAGOJEVICH. and Mr. WELDON of Pennsylvania): H.R. 3580: Mr. PETRI and Mr. YOUNG of H.R. 4977: Mr. HINCHEY and Mr. ABER- H. Con. Res. 399. A concurrent resolution Alaska. CROMBIE. recognizing the 25th anniversary of the en- H.R. 3712: Ms. DELAURO. H.R. 5005: Mrs. JOHNSON of Connecticut. actment of the Education for All Handi- H.R. 3809: Mr. ENGEL. H.R. 5018: Mr. BLUNT and Mr. BACHUS. capped Children Act of 1975; to the Com- H.R. 3861: Mr. BALDACCI. H.R. 5042: Mr. LATOURETTE. mittee on Education and the Workforce. H.R. 3887: Mr. NADLER and Mrs. LOWEY. H.R. 5073: Mr. SCOTT and Mr. KILDEE. H.R. 3891: Mr. NADLER. f H.R. 5095: Mr. GEORGE MILLER of California H.R. 4004: Mr. RAHALL and Mr. WU. and Mr. UDALL of Colorado. ADDITIONAL SPONSORS H.R. 4046: Ms. PELOSI, Mr. BORSKI, and Mr. H.R. 5101: Ms. PELOSI, Mr. RANGEL, Mr. BERKLEY. Under clause 7 of rule XII, sponsors JACKSON of Illinois, Mr. GUTIERREZ, Mr. CON- H.R. 4057: Mr. LARGENT, Mr. SHERMAN, and YERS, Mr. PASCRELL, and Mr. BRADY of Penn- were added to public bills and resolu- Ms. ESHOO. sylvania. tions as follows: H.R. 4113: Mr. LUCAS of Kentucky and Mr. H.R. 5109: Mr. SMITH of New Jersey, Ms. H.R. 207: Mr. NORWOOD. BARTON of Texas. BALDWIN, Mr. REYES, Mr. OBERSTAR, Mr. H.R. 284: Mr. KUCINICH, Mr. FALEOMAVAEGA, H.R. 4213: Mr. LINDER and Mr. LEWIS of HILL of Montana, Ms. BROWN of Florida, Mr. Mr. MASCARA, Ms. KAPTUR, Mr. REYES, and California. WAMP, Mr. JONES of North Carolina, Mr. H.R. 4239: Mr. SMITH of New Jersey, Mr. Mr. SKELTON. GREEN of Texas, Mr. HAYWORTH, Mr. LAHOOD, LATOURETTE, and Mr. COSTELLO. H.R. 303: Mr. HILL of Montana. Mr. SAWYER, Mr. GEKAS, Mr. LEWIS of Ken- H.R. 4259: Mr. REYES, Mr. GEJDENSON, Mr. H.R. 534: Mrs. ROUKEMA, Mr. PAYNE, Mr. tucky, Mr. HALL of Texas, and Mr. DEAL of GREEN of Wisconsin, Mr. PETERSON of Penn- RYUN of Kansas, Mr. HASTINGS of Florida, Georgia. sylvania, Mr. PACKARD, Mr. OSE, Mr. MILLER Mr. PALLONE, Mr. THUNE, Mr. GEPHARDT, Mr. H.R. 5116: Mr. LAFALCE, Ms. SLAUGHTER, of Florida, Mr. MICA, Mr. MARTINEZ, Mr. COBLE, Mr. TAYLOR of North Carolina, Mr. Ms. MILLENDER-MCDONALD, Mr. MCNULTY, MCKEON, and Mr. MATSUI. GILMAN, Mr. EHRLICH, and Mrs. CHENOWETH- Ms. DELAURO, Mr. BALDACCI, Ms. CARSON, H.R. 4308: Mr. WAMP and Mr. ANDREWS. HAGE. Mr. FRANK of Massachusetts, Mr. RANGEL, H.R. 4356: Mr. BORSKI. H.R. 566: Mr. BALDACCI. and Mr. WISE. H.R. 4393: Mr. THOMPSON of California and H.R. 601: Mr. WHITFIELD. H.R. 5132: Mrs. MINK of Hawaii, Mr. Ms. BALDWIN. H.R. 700: Mr. MOORE. WELLER, and Mr. GREEN of Texas. H.R. 4438: Mr. STUPAK. H.R. 919: Mr. FATTAH and Mr. NADLER. H.R. 5152: Mr. ENGLISH. H.R. 4483: Mr. BALDACCI and Ms. WOOLSEY. H.R. 925: Mr. TIERNEY. H. Con. Res. 252: Mr. RUSH. H.R. 4487: Mr. KUCINICH and Ms. DANNER. H.R. 1021: Mr. DOYLE. H. Con. Res. 273: Mr. NADLER. H.R. 4543: Mr. ROYCE, Mr. BARTON of Texas, H.R. 1075: Ms. MCCARTHY of Missouri. H. Con. Res. 36: Ms. KILPATRICK. Mr. MCINNIS, and Mr. SMITH of Texas. H.R. 1172: Mr. HORN, Mr. HALL of Texas, H. Con. Res. 370: Mr. ROYCE and Ms. H.R. 4565: Mrs. MORELLA. Mr. ROTHMAN, and Mr. QUINN. PELOSI. H.R. 4567: Mrs. LOWEY. H.R. 1303: Mr. ABERCROMBIE. H.R. 4636: Mr. BLAGOJEVICH. H. Con. Res. 384: Mr. STENHOLM and Mr. H.R. 1322: Mr. GOODLATTE and Ms. BALD- H.R. 4664: Ms. ROS-LEHTINEN. BURR of North Carolina. WIN. H.R. 4670: Mr. DAVIS of Virginia, Mr. TAN- H. Con. Res. 390: Mr. KING, Mr. UPTON, Mr. H.R. 1452: Ms. DELAURO. NER, Mr. CRAMER, Mr. HALL of Texas, Mr. GARY MILLER of California, Mr. FOSSELLA, H.R. 1469: Mr. MINGE. SISISKY, Mr. SANDLIN, Mr. THOMPSON of Cali- Mr. HILL of Montana, Mr. ORTIZ, and Mr. H.R. 1622: Mr. BLAGOJEVICH. fornia, Mr. BOYD, Mr. MOORE, Mr. MCINTYRE, CAPUANO. H.R. 1684: Ms. LOFGREN. Mr. HOLDEN, Mr. JOHN, Ms. SANCHEZ, Mr. H. Con. Res. 397: Mr. LANTOS and Mr. ROHR- H.R. 1689: Ms. BROWN of Florida. KIND, Mr. MORGAN of Virginia, Mr. LARSON, ABACHER. H.R. 1914: Mr. RAMSTAD. and Mr. WU. H. Res. 347: Mr. GALLEGLY. H.R. 1946: Mr. CAMPBELL. H.R. 4673: Mr. BURR of North Carolina. H. Res. 414: Ms. CARSON. H.R. 2273: Mr. BRYANT and Mr. ANDREWS. H.R. 4688: Mr. DICKEY, Mr. TERRY, and Mr. f H.R. 2597: Mr. PITTS. EHLERS. H.R. 2624: Mr. TIERNEY. H.R. 4715: Mr. CALVERT. H.R. 2655: Mrs. CUBIN. H.R. 4723: Mr. OXLEY and Mr. SANDLIN. PETITIONS, ETC. H.R. 2738: Mr. WISE and Mr. MATSUI. H.R. 4732: Mr. LUCAS of Kentucky. Under clause 3 of rule XII, H.R. 2814: Mr. GREEN of Texas. H.R. 4740: Mr. KLECZKA. H.R. 2819: Mr. MOORE. H.R. 4791: Mr. LOBIONDO. 112. The SPEAKER presented a petition of H.R. 2870: Mr. BACA. H.R. 4793: Mr. HILLIARD. the Legislature of Rockland County, New H.R. 3004: Ms. LEE and Mr. FOLEY. H.R. 4848: Mr. SPRATT, Mr. SCOTT, Mr. York, relative to Resolution No. 490 peti- H.R. 3083: Mr. BORSKI. WAXMAN, Mr. SANDLIN, Mr. KUCINICH, Mr. tioning the United States Congress to re- H.R. 3118: Mr. GREEN of Wisconsin. HOLT, and Mr. GREEN of Texas. quest the United States Immigration and H.R. 3143: Ms. MCKINNEY. H.R. 4857: Mr. SANDLIN. Naturalization Service to reverse its deci- H.R. 3192: Mr. WOLF and Ms. BALDWIN. H.R. 4935: Mr. GREEN of Texas. sion and order to deport Suringder Singh; H.R. 3266: Mr. HINCHEY, Mr. FILNER, Ms. H.R. 4971: Ms. DANNER, Ms. DUNN, and Mr. which was referred to the Committee on the WOOLSEY, and Mr. TIERNEY. PHELPS. Judiciary. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, SEPTEMBER 13, 2000 No. 107 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING been asked to make a unanimous-con- called to order by the President pro MAJORITY LEADER sent request. tempore (Mr. THURMOND). The PRESIDENT pro tempore. The I ask unanimous consent that imme- diately following the passage of H.R. Senator from Pennsylvania. 4444, the Commerce Committee be dis- PRAYER f charged from further consideration of The Chaplain, Dr. Lloyd John SCHEDULE S. 2497 and the Senate proceed to its Ogilvie, offered the following prayer: immediate consideration under the fol- Mr. SANTORUM. Mr. President, lowing terms: Two hours on the bill to Almighty God, we claim Your prom- today the Senate will be in a period of be equally divided in the usual form; ise through Jeremiah, ‘‘Call on me and morning business until 10 a.m. Fol- that there be up to one relevant I will show you great and mighty lowing morning business, there will be amendment in order for each leader, things which you do not know.’’—Jere- 60 minutes for closing remarks on two that they be offered in the first degree, miah 33:3. We press on with confidence amendments: the Byrd amendment re- limited to 30 minutes equally divided to the challenges ahead today. Irre- garding safeguards and division 6 of the and not subject to any second-degree spective of perplexities, You are with Smith amendment regarding organ amendments; and that no motions to us. The bigger the problems, the more harvesting. commit or recommit be in order. of Your power we will receive. The After all time is used or yielded back, I further ask unanimous consent that more complex the issues, the more wis- there will be two back-to-back votes at following conclusion or use of debate dom You will offer. Equal to the strain 11 a.m. Senators should be aware that time in the disposition of the above de- will be the strength that You grant us. there are amendments currently pend- scribed amendments, the bill be ad- So, we humble ourselves and confess ing to the PNTR bill and further vanced to third reading and a vote our need for Your divine inspiration. amendments are expected to be offered occur on final passage of the bill, as Our experience, education, and exper- during today’s session. Therefore, votes amended, if amended, all without any tise are insufficient to grasp the full are expected throughout the day. intervening action or debate. potential of Your vision for America I thank my colleagues for their at- The bill has to do with the entertain- and the world. We need Your x-ray dis- tention. ment industry and the entertainment cernment into potential blessings Mr. REID. Mr. President, at this time industry marketing their videos and wrapped up in what we often call prob- I ask the Chair to call regular order. CDs to those people—children—who are lems. Endow us with wisdom to see f proscribed, really, from buying them or attending those kinds of movies. These clearly the solutions we could not dis- RESERVATION OF LEADER TIME cover without Your help. Give us cour- are R-rated movies. Children under 17 age to seek and follow Your guidance. The PRESIDENT pro tempore. Under are not permitted in these without an Set our hearts on fire with greater pa- the previous order, the leadership time adult. Yet we have a report just issued, triotism for our country and a deeper is reserved. I think earlier this week, that says the movie industry targets the very people dedication to be courageous problem- f who are not supposed to be viewing solvers for Your glory and for Your these kinds of materials or listening to grace. You are our Lord and Saviour. MORNING BUSINESS The PRESIDENT pro tempore. Under these kinds of materials. Amen. So this is a unanimous-consent re- the previous order, there will now be a quest to move this out of the Com- period for the transaction of morning f merce Committee and to deal with this business not to extend beyond the hour issue on the floor promptly. This is an of 10 a.m., with time equally divided PLEDGE OF ALLEGIANCE important issue that has been a bipar- between the Senator from Wyoming, tisan issue in the past. I hope my unan- Mr. THOMAS, and the Senator from Illi- The Honorable RICK SANTORUM, a imous-consent request will be approved Senator from the State of Pennsyl- nois, Mr. DURBIN. by the Democrats. vania, led the Pledge of Allegiance, as f The PRESIDENT pro tempore. Is follows: there objection? UNANIMOUS-CONSENT REQUEST— Mr. REID. Reserving the right to ob- I pledge allegiance to the Flag of the S. 2497 United States of America, and to the Repub- ject. lic for which it stands, one nation under God, Mr. SANTORUM. Mr. President, on The PRESIDENT pro tempore. The indivisible, with liberty and justice for all. behalf of the majority leader, I have Senator from Nevada.

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

S8439

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VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8440 CONGRESSIONAL RECORD — SENATE September 13, 2000 Mr. REID. Mr. President, we, also, in than that, but bringing this bill to the We have about 15 days left in this the minority, are very interested in floor and having this debated is a very Congress. We still have 11 appropria- this subject. We think the Vice Presi- important issue. As the Senator from tions bills to do. We have a minimum dent and nominee has, along with oth- Nevada mentioned, their own Vice wage bill to complete. We have the Pa- ers, set a good tone as to how we Presidential candidate believes this is tients’ Bill of Rights bill to complete. should look at what is going on with a very high profile issue. We have prescription drug benefits to media. However, as we speak, at this Let’s deal with it. Let’s not talk address. We have issues dealing with very minute there are hearings on this about it; let’s not politic about it; let’s gun safety, bankruptcy reform—the subject going on in the Commerce not pander about it; let’s do something list of things we have not done is Committee. The ranking member, Sen- about it. Here we have, again, an op- unending. ator HOLLINGS, has not had an oppor- portunity for us to do something sub- I believe to bring up, as was done by tunity to review this unanimous-con- stantive, to create reform, to move the the majority today, this issue dealing sent request. We believe if there is agenda forward, and we have a road- with media, when right now Senator going to be legislation brought before block; we have an objection: It is just MCCAIN and others are listening to tes- the Senate, it should be in the regular not the right time; it is just not the timony of Senator JOE LIEBERMAN as to order; that is, there should be an op- right way; it is just not the exact thing what he believes should be done in this portunity to amend the legislation if in we would like to do. regard. We know this is an artificial ef- fact that is necessary. We know there Let’s move forward. Let’s start mov- fort by the majority to focus on this are a number of Senators who wish to ing on reform. We hear complaints that issue. There is no intention to bring offer amendments. nothing gets done around here. Every this up for debate. That is why the This unanimous-consent request that time we start to put something forward unanimous consent request given was we have allows one amendment, and on to try to move a reform, the answer is so restricted that they would allow one that one amendment Senators can no. We are going to continue to try. amendment for 30 minutes. I think it is speak for 30 minutes. So when we have This is not the last time we are going obvious this was only an effort to bring so much to do in this body—we have 11 to try to get unanimous consent on up an issue and talk about what they appropriations bills we have not com- this matter. This is an important mat- cannot get done. pleted. I am going to discuss, in a little ter that we need to bring up and we Remember, the majority controls bit, some more things on education. We need to deal with before this session what goes on here on the floor. It is have a Patient’s Bill of Rights we need ends. very obvious to me one thing the ma- to do, a prescription bill we need to do, I yield the floor. jority does not want to go on is a de- minimum wage—I think it is awfully The PRESIDENT pro tempore. The bate about education. late in the game, when we have 15 days Senator from Nevada. The Elementary and Secondary Edu- in the session left, to start talking Mr. REID. Mr. President, we do not cation Act is an act that was part of about media violence. This is an issue apologize for the work we have done on President Johnson’s war on poverty. It that has been outstanding for many tobacco. We, of course, have led the Na- has been a successful program. Title I, months. We have members of the mi- tion into focusing on the evils of to- the largest program in the Elementary nority who have spoken out on this bacco and what it has done to hurt not and Secondary Education Act, was in- time after time. only the youth but the adult commu- tended to help educational challenges Based on that, and for other reasons, nities throughout America. We do not facing high-poverty communities by we object. The PRESIDENT pro tempore. Objec- apologize for that. This has been led by targeting extra resources to school dis- tion is heard. the minority, and we are proud of that. tricts and schools with the highest con- The Senator from Pennsylvania. f centrations of poverty. What it has done for children who could not read is Mr. SANTORUM. The reason we are THE SENATE AGENDA trying to move expeditiously here is remarkable. We have a lot more to do the FTC has come out with a record Mr. REID. Mr. President, we also rec- because Title I, which relates to teach- that shows the egregious nature of the ognize that there are issues that need ing kids who have fallen behind how to conduct of Hollywood with respect to to be discussed as to what is going on read, has been so underfunded. Where it the marketing to young people of ma- with the media. That is why this legis- has been funded, it has done remark- terial that is inappropriate for them, lation is important. The problem is ably well. that they have said they would not so there are other matters dealing with We want this program to continue. In market. It is very similar to the children we have totally ignored this 1994, the Democratic-led Congress and charges we have heard about tobacco year. For example, we have spent, this the Clinton-Gore administration companies, that are not supposed to year, 6 days of debate on the ESEA. worked together to enact far-reaching sell to minors, marketing to minors. As I have said, we do not apologize reauthorization of Title I. We want to Here we have the identical situation. for the work we have done on tobacco. continue this, set high standards, and The other side has not been reticent What has happened has been revolu- close the achievement gap. We want to about bringing tobacco legislation to tionary as a result of the minority do something about class size reduc- the floor to stop the marketing to mi- speaking out against the problems of tion. We want to hire more teachers. nors at the drop of a hat. Yet when it tobacco. We do not apologize for that. There are all kinds of studies that comes to protecting Hollywood, we Of course, we have called attention to show if teachers have fewer children to have a roadblock. We have an oppor- it. teach, the kids do better, but we do not tunity here to reform the system, to do We have also called attention to the need studies to prove that. something substantive about an issue fact that we believe our children need Common sense dictates if a teacher that is undercutting the moral fabric more attention. On February 3 of this has fewer children to teach, she is of our country, that is poisoning the year, the majority said education will going to do a better job of teaching minds of our children, and we have a be a ‘‘high priority’’ in this Congress. those children. That is what this legis- roadblock because we have more im- I regret to say instead of making lation is about: Simple common sense; portant issues to discuss. According to education a central issue, and even a that is, if you have fewer children to the other side, there are other issues high priority, we have had only 6 days teach, the kids are going to do better. more important than these issues. I of debate on education this entire year We want to do that. We want to have don’t think there are very many issues on the Senate floor. There is not a class size reduction. that are more important than a delib- more important issue that we can talk It is very clear one of the reasons we erate attempt to market inappropriate about on the Senate floor, bar none, have such a high dropout rate is be- material to young minds. That, to me, than educating our children. Having 6 cause of the fact children are in classes is about as high a priority as we can days of debate on the Elementary and that are so big and schools that are so get. Secondary Education Act in this Con- big. There may be some other things the gress over a 2-year period does not indi- I did an open school forum in Las other side believes are more important cate to me this is a ‘‘high priority.’’ Vegas during the August recess. Las

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8441 Vegas is the sixth largest school dis- pied after school, they are simply not Senate floor? How are we going to get trict in America with 230,000 children. going to get involved in things they it otherwise? It was interesting. The new super- should not do. This has been proven Mr. SMITH of Oregon. I say to the intendent of schools, Carlos Garcia, and shown to be accurate. We need Senator, I do think we should debate it who came from Fresno, said that if a more money in afterschool programs. longer than we have. I grant you that. child is not reading up to standard in Senator BINGAMAN has worked hard on What I have observed, as a junior Mem- the third grade, that kid is a good can- school accountability. We support ber, however, is that every time we go didate for being a high school dropout. funding accountability provisions for to focus on amendments, we can’t get We need to make sure the children in failing schools; for example, putting a time agreements. We can’t get agree- third grade can read. That is what this qualified teacher in every classroom ments on some reasonable amount of is all about. That is why we need to re- within 4 years of this legislation. time. Look, I have already taken all authorize the Elementary and Sec- The record should be replete with the the gun votes. I will take them. I am ondary Education Act. That is why we fact that this year this Congress has for background checks. I am for things need to have fewer kids for each teach- spent 6 days of debate on the Elemen- that will protect kids in the classroom. er to teach. That is what we are trying tary and Secondary Education Act. But I do not know why I should be to do. That is why Senator MURRAY has That is pathetic. We are concerned asked to vote on them two and three worked so hard on her Class Size Re- about children. We should be able to and four times. duction Act. debate the issue. We offered that this How many times do you need a vote Unfortunately, our friends on the bill be handled in the regular course of to run a political ad against me? The other side of the aisle reject our class business. Request after request has truth is, I have taken the votes. Let’s size reduction program by failing to been rejected. That is too bad. get on to debating education. We have provide a separate dedicated funding The PRESIDING OFFICER. The Sen- done the gun debate. stream. What we have done as a result ator’s time has expired. The Senator Mr. REID. I just briefly say to my of the intervention of the Clinton-Gore from Oregon is recognized for 9 min- friend, we have stated publicly on the administration is force at year end in utes. Elementary and Secondary Education the omnibus bill more money for Mr. SMITH of Oregon. Mr. President, Act we would have as few as eight teachers. As a result of that, we have I was not intending to speak on edu- amendments, with an hour time limit hired almost 30,000 new teachers so far cation, but I want to respond to my on each one of them, equally divided. under this program, directly benefiting friend from Nevada. I am a junior And we haven’t been able to get that over 1.5 million children. It has been Member of this body, but the percep- agreement. That seems fair to me. proven, if you have smaller class sizes, tion of what has gone on here with re- Mr. SMITH of Oregon. It seems fair these kids outperform students in larg- spect to education is utterly different to me, I say to the Senator. I will cer- er classes. It helps teachers, and it than my observation. tainly encourage my leadership to ac- helps the students. I repeat, our friends My observation is that this side of cede to that. What I am afraid of is the on the other side of the aisle reject the aisle is anxious to talk about edu- comment I read in USA Today, where this. cation, not just to throw more re- Senator DASCHLE said: We are not in- I want to talk about something very sources at the status quo, not to put up terested in getting anything done. We important to me, and that is high roadblocks to real reform but to truly are interested in obstructing this place school dropouts. I mentioned briefly find out ways to make Washington less and creating a train wreck because we that if a kid cannot read in third grade, of a burden upon local education. think that is good politics. That really he or she is a good candidate to be a I have yet to go into a school district concerns me. high school dropout. in Oregon and ask, ‘‘Where are your I have to tell you, I am always opti- Three thousand children drop out of problems?’’ and they don’t tell me it mistic, but I am discouraged by the school every day, 500,000 a year. We usually has to do with some Federal windup scene I am seeing develop here. would be so much better off if we could mandate. The truth is, what we are We owe the American people some- do something to keep 500 of those chil- trying to do is empower local folks who thing better than this. I think we need dren in school every day, or 200 of understand about educating children to get on to some reforms. I, for one, those children. We would only have and to lower the burden of Washington. am committed to a generous and bipar- 2,800 dropping out of school every day. This idea of 100,000 teachers is great, tisan effort in that regard. We have worked on this. Senator but everyone should understand that is BINGAMAN and I have a dropout preven- about sloganeering; that is about TV f tion bill which supports local school ads. That has nothing to do with edu- CHINA NORMAL TRADE development and programs for the pre- cating kids. The truth is, we need an RELATIONS vention of dropouts. We successfully awful lot more than 100,000 teachers; included $10 million in funding for We need 1 million teachers; but we Mr. SMITH of Oregon. Mr. President, dropout prevention in the Labor-HHS ought to trust people locally to be able I rise today in strong support of H.R. appropriations bill. We hope that stays to make that judgment whether to 4444, a bill establishing permanent nor- in conference. The conference has not build a school or to hire a teacher. We mal trade relations with the People’s been held, of course, as has conferences should not tie their hands. That is Republic of China. for most appropriations bills not been what has gone on, and the record I strongly believe that permanent held. I hope money will stay in there. should reflect that as well. This Repub- normal trade relations will have a sub- It is a few dollars. We need a lot more lican is prepared to vote for a lot more stantial and long-term political, eco- money. If we are going to have an at- resources, but he thinks we owe it to nomic, and national security benefit tack on keeping kids in school, if we the parents of this country to give for our country. I have long main- are going to have lower dropouts, we them reform as well. tained that as China becomes a mem- need to have in the Department of Edu- Mr. President, I came here in morn- ber of the global community, its gov- cation a dropout czar, somebody in ing business to try to interject myself ernment and its people will benefit charge of making sure there are pro- into the debate on PNTR. from these changes and the United grams throughout America to keep Mr. REID. Would my friend yield for States will benefit from better rela- kids in school. a simple question? tions and, eventually, I believe, from a We need to focus on education. We Mr. SMITH of Oregon. I yield to my more liberal and less oppressive gov- are not going to in this Congress. That friend from Nevada. ernment. is gone. We need to work on school Mr. REID. I have the greatest respect Much of China’s recent past has been modernization, support for disadvan- for the Senator from Oregon, but I marked by progression and regression, taged children, afterschool opportuni- would just a question. I think what the starts and fits toward economic liberal- ties. It is clear—and Senator BOXER has Senator says is right. I think we need ization that impact all levels of soci- worked very hard on afterschool pro- reform. But doesn’t he think we should ety, only to be matched by periods of grams—that if we can keep kids occu- have the ability to debate it on the oppression, when the government feels

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8442 CONGRESSIONAL RECORD — SENATE September 13, 2000 that things are getting out from under- cies will become more market-ori- the issue of weapons proliferation is a neath its thumb. This one-step-for- ented. In addition, the 1999 U.S.-China serious one, most of the elements of ward, two-steps-back pace shows how bilateral trade agreement resulted in the Thompson legislation are already truly feared the market place is in a more exports of Northwest grain. covered by current law. As many of my Communist country. And I believe that Vegetables.—Oregon is a major pro- colleagues have noted, there are al- if you are a true Communist, you do ducer of beans, corn, and onions. Under ready numerous laws regarding nuclear fear the marketplace. For it is that the new agreements, tariffs on vegeta- proliferation, some of these laws in- marketplace—the private sector—that bles will drop by up to 60 percent. clude: will eventually prove to be the down- Fruit.—Oregon grows berries, pears, No. 1, the Export-Import Bank Act; fall of the Communist system in any cherries, and plums. China will reduce No. 2, the Arms Control and Disar- country. tariffs by up to 75 percent for fresh and mament Act; No. 3, the Arms Export Like many of my colleagues, I am processed deciduous fruit; and tariffs Control Act; No. 4, the International genuinely and deeply concerned about on apples, pears, and cherries will fall Emergency Economic Powers Act. This human rights abroad. For that reason, from 30 percent to 10 percent. list goes on and on. Further, I have I traveled to China last year to inves- Solid wood.—China is the world’s never been a great fan of unilateral ac- tigate the human rights situation and third-largest wood importer and after tions. Multilateral programs agree- to determine the state of religious free- WTO accession, it will substantially re- ments are by far the best and most ef- dom in that country. WTO membership duce its remaining tariffs on valued- fective approach. and normal trade relations with China added wood products within the next 4 The problem with unilateral sanc- will eventually improve the human years. tions is that they, at the end of the rights situation and, I believe, reli- Much has been said on the floor of day, are rarely effective in achieving gious freedom in that country. The the Senate in these past few weeks re- foreign policy goals. The history of our past few decades’ gradual opening of garding normal trade relations with foreign policy is littered with a trail of trade, investment, and cultural ex- China. I have to confess that I do not ineffectual unilateral sanctions. The changes with China have led to positive think the arguments against this legis- really harmful impact of this set of steps in the area of human rights and lation stand on their own merit. Most unilateral sanctions will fall on Amer- religious tolerance. That is not to say of what I have heard in opposition to ican exporters. Many of these sanctions that all is well. There is much work to NTR has reflected the desire to punish will, at the end of the day, have the ef- be done in the area of human rights, China, the need to sanction China or fect of blocking our export sales, by but on balance a ‘‘carrot and a stick’’ the need to block China. blocking U.S. credits or preventing fi- approach is better than the stick alone. Those opposing this legislation have nancing. These actions will not have an Globalization is part of ‘‘the carrot.’’ formed their arguments around the effect on the underlying problem—they It is globalization—the economic inte- conclusion that NTR is really just a will only replace all sanctioned Amer- gration of their economy—that will in- great plum for China and benefits only ican products with foreign products. troduce the Chinese people to new China. Nothing could be farther from And we are not talking about military ideas and information. I believe that as the truth. As I previously stated our a free market economy, we have a sales in many cases. The scope of this markets are already open to the Chi- legislation is exceedingly broad and in- moral and ethical obligation to other nese—we already buy Chinese goods. nations to help them move toward free cludes civilian transfers that do not ac- This legislation will open up their mar- tually contribute to proliferation prob- markets and into the global economy. ket and it is a vast pool of consumers, Our own history shows the results of lems. to our goods. It benefits the United The Thompson amendment will also not pressing for this integration. Dur- States economy. This debate is about tie the hands of future administra- ing the late 19th century and also fol- advancing American values halfway tions. It will not allow any flexibility lowing World War I, our negligence in around the world. Ninety-nine years integrating both Japan and Germany for a future President to make a deci- ago Teddy Roosevelt, speaking at a sion based on contemporary issues in- had horrible results that reverberated state fair, said: ‘‘There is a homely through much of the 20th century. We volving the state of the Sino-American adage which runs ‘Speak softly and relationship at that time. And finally, must not make the same type of mis- carry a big stick; you will go far,’ ’’ At take with China. as we all know, the politics of the situ- that time, the big stick meant Amer- The economic benefits to the United ation dictate a clean PNTR bill. Sim- ica’s warships and a show of American States of H.R. 4444 are great. Our mar- ply put, this legislation will effectively kets to a great degree are already open might abroad. Now the stick means kill this bill. If we are to pass PNTR to Chinese goods; this legislation will America’s economic might and Amer- during this Congress it is imperative open their markets to our goods. This ican values. Free and fair trade is the we have a bill that will not require an- is good for America. And it is good for weapon—the economic weapon of the other vote in the House. the people of my home State of Oregon. 21st century. Mr. President, as I have shown up on It is free and fair global trade that In the first year following China’s the floor and have listened to the de- will strengthen the forces of economic membership in the global economy— bate on PNTR. I have seen many peo- economists predict trade will double and political reform in China. It is free ple, Republican and Democrat, pro- with the United States. China is the and fair global trade that will bring posing amendments to this bill that sixth-largest market in the world for greater prosperity to both the United have great appeal to me. They have American agricultural products—and States and the Chinese people. It is free great appeal to me because they ad- following WTO membership, that trade and fair global trade that will bolster vance noble principles. They advance will account for one-third of the human rights and improve religious American ideals. They advance the growth in exports over the next 10 freedom in that country. America can best of what we want to spread around years. In addition, according to the advance its values and help China inte- the world. Economic freedom, human World Bank, China will spend an esti- grate into the world economy with the rights, improved labor conditions, im- mated $750 billion in new infrastruc- help of this important legislation. I proved environmental conditions, all of ture over the next decade. call on my colleagues to send a clean these things I support. But I fear the This is wonderful for the United PNTR bill to the President and ask for real motive behind some of these is to States, but let me take a moment and his swift signature. scuttle this trade agreement. I oppose tell you what it will do for Oregon. My AMENDMENT NO. 4132 that. State is the Nation’s largest producer Mr. President, I rise to oppose the I also point out, as many others have, of solid wood products and an impor- Thompson amendment which would when it comes to these security issues, tant agricultural exporter. China’s ac- add a sanctions mechanism and annual slavery issues, and whatnot, we already cession to the WTO and normal trade review regarding Chinese proliferation have these laws on the books to protect relations will benefit: of nuclear and other weapons. I would this country. We should not accede in Wheat.—Oregon is a large wheat- like to take a moment and go over the this environment, in this debate, on a growing State and China’s grain poli- problems with this legislation. While vote this important to scuttle this

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8443 trade agreement because to do so selves. They are already here. We have believe we will do, as indicated in a would shortchange the American peo- yet to go there. meeting with the President yesterday. ple and certainly the people of my I urge an ‘‘aye’’ vote on the agree- Let’s do them. State. ment and a ‘‘no’’ vote on the Thompson I express my appreciation to the Sen- I conclude with this story from my amendment. ator from West Virginia for his pa- own life. The story is a lesson that has, Mr. President, I yield the floor. tience. frankly, governed much of my thinking f Mr. President, I ask unanimous con- with respect to trade and military se- sent that the time before the scheduled CONCLUSION OF MORNING curity and foreign relations since I votes be extended for whatever time I BUSINESS have been an adult. have used under leader time. I was a student at Brigham Young The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without University, taking a class in military the previous order, the time of 10 objection, it is so ordered. history. It was at the end of the Viet- o’clock has arrived and morning busi- f nam war. My professor was a retired ness is closed. TO AUTHORIZE EXTENSION OF Air Force general. There was great tur- Mr. REID addressed the Chair. NONDISCRIMINATORY TREAT- moil on the campuses of the United The PRESIDING OFFICER. The Sen- MENT TO THE PEOPLE’S REPUB- States. He made a comment that ator from Nevada. LIC OF CHINA struck me and caught my attention. Mr. REID. I request the use of leader This professor’s name was Phillip time at this time. The PRESIDING OFFICER. Under Flammer. The PRESIDING OFFICER. Without the previous order, the Senate will now He said: We made a mistake to bomb objection, it is so ordered. resume consideration of H.R. 4444, the North Vietnamese with military f which the clerk will report. The legislative clerk read as follows: armaments. That caught my atten- LEGISLATIVE CONSIDERATIONS tion—in a conservative place like this A bill (H.R. 4444) to authorize extension of university, that a statement such as Mr. REID. Mr. President, I want to nondiscriminatory treatment (normal trade that would be made. say, before my friend leaves the floor, relations treatment) to the People’s Repub- I thought: That is interesting. how much respect I have for the Sen- lic of China, and to establish a framework He said: We should have bombed ator from Oregon and the great exam- for relations between the United States and the People’s Republic of China. them, but we should have bombed them ple he sets for everyone in the bipar- with Sears catalogs. tisan consideration of legislation. Pending: I thought: Hmm, there is a lesson I I do want to say, though, before my Wellstone amendment No. 4118, to require will remember. friend leaves, that one of the pleasures that the President certify to Congress that His point was, if we want to tear of my service in the Senate is that I the People’s Republic of China has taken cer- have been able to work with Senator tain actions with respect to ensuring human down the walls of communism, we do it rights protection. with our trade. We do it with our com- DASCHLE. We served in the House to- Wellstone amendment No. 4120, to require merce. We do it with our culture. We gether. We have served in the Senate that the President certify to Congress that do it with our communications to the together. He is the leader. I am the as- the People’s Republic of China has responded world. sistant leader. to inquiries regarding certain people who We have seen in Communist country There are very few meetings he at- have been detained or imprisoned and has after Communist country that when tends that I am not there. For exam- made substantial progress in releasing from they are exposed to the miracles of the ple, we had a meeting yesterday with prison people incarcerated for organizing the bipartisan leadership of both independent trade unions. marketplace, what happens is a middle Wellstone amendment No. 4121, to class develops. When a middle class de- Houses. At that meeting with the strengthen the rights of workers to asso- velops, people begin to demand, with President of the United States, Senator ciate, organize and strike. economic liberty, that they have polit- DASCHLE was very clear in saying he Smith (of New Hampshire) amendment No. ical liberty as well. wanted to get things done this year. He 4129, to require that the Congressional-Exec- So if you are interested in improving gave a list of things he thought we utive Commission monitor the cooperation human rights, improving the environ- could accomplish. of the People’s Republic of China with re- ment, improving access for Americans We are so close to being able to do spect to POW/MIA issues, improvement in something on the Patients’ Bill of the areas of forced abortions, slave labor, to their markets, then this vote on and organ harvesting. PNTR is perhaps the most important Rights, which the Senator from Oregon Byrd amendment No. 4131, to improve the vote that we will cast in this Congress, has voted, I believe, the right way on certainty of the implementation of import or perhaps any other for the economic many occasions. relief in cases of affirmative determinations future of our country. Senator DASCHLE in that meeting by the International Trade Commission with If you care about spreading American said that he wanted to get things done. respect to market disruption to domestic values, resist these amendments, resist He gave a list of things that should be producers of like or directly competitive voting no to PNTR because you will do done. Senator DASCHLE, in private products. meetings and in public meetings, has Thompson amendment No. 4132, to provide more to spread American values, Amer- for the application of certain measures to ican democracy, and advance American said the most important thing we can covered countries in response to the con- security by supporting this agreement do is complete legislation that is al- tribution to the design, production, develop- than you can ever do by trying to ready before the Senate, including the ment, or acquisition of nuclear, chemical, or amend it, to kill it, or by trying to 11 appropriation bills that have not biological weapons or ballistic or cruise mis- vote in opposition to it when we come been completed. siles. to a final vote. I don’t know what appears in U.S. Hollings amendment No. 4134, to direct the I do not, for a moment, question the News and World Report or whatever Securities and Exchange Commission to re- publication my friend from Oregon quire corporations to disclose foreign invest- motives of anyone who is against this. ment-related information in 10–K reports. Again, I admire the ideals advanced. mentioned. The fact is, Senator Hollings amendment No. 4135, to authorize But I simply question this method, this DASCHLE has continually said publicly and request the President to report to the bill, at this time, to scuttle this most and privately the most important Congress annually beginning in January, important agreement. thing that we can do is enact legisla- 2001, on the balance of trade with China for So I urge my colleagues to vote for tion for the American people. cereals (wheat, corn, and rice) and soybeans, PNTR and vote against the Thompson I think the record should be very and to direct the President to eliminate any amendment—well-motivated but mis- clear that there is no intent on behalf deficit. guided at this time, given the laws we of the minority to prevent anything Hollings amendment No. 4136, to authorize and request the President to report to the already have. from going forward. We want to move Congress annually, beginning in January, America needs this. We should not legislation. First of all, let’s do the ap- 2001, on the balance of trade with China for cede the Chinese market to the Euro- propriations bills, and if we have time advanced technology products, and direct pean nations. We should be there our- left over, do the other items, which I the President to eliminate any deficit.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8444 CONGRESSIONAL RECORD — SENATE September 13, 2000 Hollings amendment No. 4137, to condition to be able to plan, and no other con- that differs sharply from our other eligibility for risk insurance provided by the cerns should come before them, in my trade remedy programs. Export-Import Bank or the Overseas Private opinion. I’ve seen too many families I must also oppose the amendment Investment Corporation on certain certifi- suffering when the plant shuts down, because of the potential impact that cations. too many towns hollowing out and fall- this amendment will have on the pas- The PRESIDING OFFICER. Under ing into disrepair when people just give sage of PNTR. In my view, a vote for the previous order, there will now be 1 up. We need to give our citizens, our any amendment, including this one, is hour for closing remarks on the Byrd firms, an efficient and sure process to a vote to kill PNTR. amendment No. 4131 and division 6 of seek relief and to get relief when it is Mr. President, such a result would be the Smith amendment No. 4129, with 15 warranted. devastating for our workers and farm- minutes each under the control of the This is our chance. This is our chance ers. That is why I urge my colleagues Senator from Delaware, Mr. ROTH; the to strike a blow for the steel industry, to vote against my good friend’s Senator from New York, Mr. MOY- which is a very important industry in amendment. NIHAN; the Senator from West Virginia, the State represented by the current I yield the floor and suggest the ab- Mr. BYRD; and the Senator from New Presiding Officer. It is a very impor- sence of a quorum. Hampshire, Mr. SMITH. tant industry in my State, exceedingly The PRESIDING OFFICER. The AMENDMENT NO. 4131 important. Now is the time to strike a clerk will call the roll. The PRESIDING OFFICER. The Sen- blow for freedom, for the freedom of The assistant legislative clerk pro- ator from West Virginia. those men and women who work in ceeded to call the roll. Mr. BYRD. Mr. President, I will these industries, freedom to know Mr. THOMAS. Mr. President, I ask speak briefly on my amendment. Then when relief is coming. They should not unanimous consent that the order for I will yield back the remainder of my have to wait until a President seeks his the quorum call be rescinded. time. I want to get to a markup of an own convenient moment. They should The PRESIDING OFFICER. Without appropriations bill by the Sub- know the date. And when that date objection, it is so ordered. committee on VA, HUD and Inde- comes, it should happen. Let’s make it Mr. THOMAS. Mr. President I ask pendent Agencies, of which I am a happen by my amendment. unanimous consent to speak in morn- member. I yield back my time and suggest the ing business for 10 minutes. In simple language, my amendment absence of a quorum. The PRESIDING OFFICER. Without adds surety for American firms and The PRESIDING OFFICER. The objection, it is so ordered. American workers who are caught up clerk will call the roll. f in the confusing process of seeking re- The legislative clerk proceeded to CHINA PNTR lief from a surge of unfair imports. The call the roll. process of getting the U.S. Government Mr. ROTH. Mr. President, I ask unan- Mr. THOMAS. Mr. President, I asked to agree with a firm’s firsthand judge- imous consent that the order for the for morning business because I am not ment that a flood of unfairly dumped quorum call be rescinded. sure where we are focused, but I want imports is undercutting a U.S. manu- The PRESIDING OFFICER (Mr. to continue to talk about PNTR, a facturer is complex and time con- HUTCHINSON). Without objection, it is topic that I hope we are able to con- suming. Language in the House-passed so ordered. clude shortly. bill is an improvement, but it leaves a Mr. ROTH. Mr. President, I yield my- Certainly one of the most important serious loophole. The House language self such time as I may use. issues we have before us is the issue provides deadlines for the government Mr. President, I rise in opposition to and the way I come to the conclusion. and the President to agree or disagree Senator BYRD’s amendment regarding We all talk about the problems that that relief is needed, but if the Presi- safeguards. exist. Obviously, there are problems dent fails to meet his deadline for a de- I do so even though I share my col- that exist. I serve as chairman of the cision, nothing happens. No relief can league’s concern regarding the Presi- Subcommittee on East Asian and Pa- be forthcoming until the President dent’s utter disregard for statutory cific Affairs that has dealt over a num- acts. And the President might be under deadlines in our trade remedy laws. ber of years with the issue of China. I other pressures, from the State Depart- The President’s failure to issue timely don’t think there is a soul here who ment, for instance, warning that an af- decisions in recent section 201 cases wouldn’t wish things were different firmative Presidential decision might was simply unacceptable. Also unac- there with respect to human rights, upset some other, unrelated negotia- ceptable is the President’s failure to some of the issues with respect to pro- tion. The State Department is not meet the deadline set for modifying the liferation, some of the issues with re- charged with worrying about the fate retaliation list in the bananas dispute spect to freedom, and market system of individual U.S. firms. The State De- at the WTO. This pattern of utter dis- changes. I don’t think that is the issue. partment is not charged with worrying regard for statutory deadlines simply The issue is how we best bring about about the fate of steel companies, for must stop. that change. That is really what it is example. With that said, I must still oppose all about. But for a firm hanging on by its fin- this amendment for both substantive Do we do it through threats to the gernails, unable to pay its bills or se- and procedural reasons. PRC? Do we do it with sanctions? I cure needed financing, and for workers With regard to substance, it is vitally think people have learned quite a bit in unsure when their lay-offs might end important for the Finance Committee seeking to deal with Cuba with sanc- and their bills get paid, this uncer- to be given the opportunity to consider tions. It has had very little impact and tainty can be catastrophic. So the Byrd this proposal before it is adopted into very little effect. I happened to be in amendment says that if the President law. As I noted yesterday, there are se- Beijing where we were having the great fails to act by the appointed deadline, rious flaws in this amendment that debate over some of the things that the decision of the ITC will be imple- could make it unworkable in certain were controversial. They canceled a mented as though the President had circumstances. It would be reckless to large order with Boeing. What did they agreed. So firms and workers will know adopt such a significant change to our do? They bought Airbuses from France. on what date certain they will get trade laws without adequate review, Sanctions don’t work. their answer. The steel companies will particularly given the flaws that are I happen to come from a State where know when they will get their answer. already apparent in what my good we are very interested in agriculture. Coal miners will know, because they friend has proposed. So we need to do that. are affected by steel imports as well. I am also concerned that we are iso- Someone suggested during the course That is what my amendment does. And lating the Chinese for differential of the discussion over the last couple of for those affected firms, and those treatment through this proposal. The days that this bill, if it passed, to grant workers, that is pretty important. agreement may not be inconsistent permanent trade relations would be, in They need to know, and their bankers with the U.S.-China bilateral agree- a word, ‘‘rewarding’’ China. I don’t and creditors need to know. They need ment, but it does create a procedure agree with that. The fact is, we would

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8445 be rewarding ourselves with regard to don’t believe this amendment will do I know there are justifiable dif- trade. The opening has already been anything to change the situation. In- ferences of view. That is what this sys- given to China. We are the ones to stead, it would turn us to the discred- tem is all about. We ought to talk whom they have agreed, if this hap- ited, failed strategy of mandatory uni- about those. It is my view we have pens, to lower tariffs on a number of lateral sanctions and annual votes on talked about them and there ought to our things that go there. It really the status of China trade. be an end game so we can move on. We doesn’t change the situation much We have already talked a great deal, keep talking about the things we have with regard to China. It gives us a bet- of course, about the passage of an to do, including 11 appropriations bills ter opportunity to do that. amendment and the impact it would out of 13 that have not yet been passed. We also argue about how we imple- have on the relationship. I want to Several have not even been marked up. ment these changes. Are we more like- stress again that trying to work with We have less than 3 weeks, 14 days, to ly to bring about changes if we are part China on some of those things does not work on these. We know very well that of a multilateral group such as the make us oblivious to the things on the President is going to create some WTO or are we more likely to do it which we disagree with them. Surely, obstacles to the completion of our with the unilateral kinds of things for human rights we are going to continue work so he can have more leverage to ourselves? I happen to believe we would to champion. get the kinds of spending he wants and be better off to have an organizational Again, we have to consider how to put the pressure on the majority party structure such as the WTO to go best have an influence on bringing in the Congress. through to talk about some of the about change—change that has not oc- All these things are real and realistic things we think are not being done curred as completely as I would like. I and not unusual. I think we need to un- properly. Does that mean we don’t con- can tell you from my experience that derstand where we are. I think we need tinue to monitor things such as human there is change. The more visibility the to take a look at the job we do have to rights, that we don’t continue to mon- people of China have to the outside do so the American people can con- itor things such as weapons prolifera- world—the fact of market systems, the tinue to be served by those programs tion? Of course not. The question real- fact that personal freedoms provide a that are in the appropriations, that we ly is, Do we go ahead with this bill as much better way of life, it is becoming continue to strengthen education, so it is and at the same time go ahead and more and more evident. For years, of we can do something about fairness monitor the other things as well? course, they have not had any oppor- and tax relief, so that we can move for- I am opposed to the Thompson tunity to see what is going on in the ward in moving some of this money to amendment, which is an amendment to world. For example, things have lower the debt. We ought to continue the bill to establish normal trade rela- changed substantially in China. Now to work in seeking to get some of the tions. they see it. It is important to encour- pay back for strengthening Medicare so First of all, as I mentioned, I am age changes that need to take place. some of those reductions that have chairman of the subcommittee that has Of course, with respect to another been made can be replaced so we have jurisdiction over some of these issues. statute that does something about pro- services in the country. I have par- Neither the Foreign Relations Com- liferation, we already have numerous ticular interest in that as cochairman mittee nor the Banking Committee has statutes available to the President. of the rural caucus for health care. been afforded the opportunity to con- There is a long list, including the Ex- Some of the small hospitals and small sider and debate this issue before it port-Import Bank Act, the Arms Con- clinics need it to happen. We need to was brought to the floor. That is not trol Disarmament Act, the Arms Ex- move forward and not spend 2 weeks on the customary way to deal with issues port Control Act, and the International a repetitious review of the same issues. that are as far reaching as this one. To Emergency Economic Powers Act. It There comes a time we should move bring it to the floor without going goes on and on. They provide the very forward. through the committees and giving the authority that is being talked about in Therefore, I strongly urge we do committees of jurisdiction the oppor- some of these amendments. They are in move forward and that we do not tunity to consider it—the Banking place. amend the bill before the Senate. Con- Committee, as you know, which has ju- Someone said it gives the President clude it and send it to a satisfactory risdiction over a portion of these kinds the opportunity to decide and be flexi- signing at the White House and move of arrangements, is very upset about ble about it. Then the author—in this forward on the issues facing the Sen- this process. case, the Senator from Tennessee— ate. We, of course, argue that under the assures Members that this also has a I suggest the absence of a quorum. time constraints it is most difficult. waiver and it gives the President the The PRESIDING OFFICER. The The House passed a bill to open normal opportunity to change. We have very clerk will call the roll. trading relations. By the way, the Sen- little reason to have more legislation The assistant legislative clerk pro- ate has done it every year for normal in this area. ceeded to call the roll. trading relationships. This is really a Finally, I vote against this amend- Mr. SMITH of New Hampshire. Mr. departure from what has been done. ment for the same reason I voted President, I ask unanimous consent But certainly, if we amend it at this against all the amendments that pre- that the order for the quorum call be time in this session, we will have a dif- ceded it. I am, along with the distin- rescinded. ficult time getting it completed. guished Senator from Delaware, Mr. The PRESIDING OFFICER. Without My first problem is jurisdictional, of ROTH, chairman of the Finance Com- objection, it is so ordered. course. It was introduced by Senator mittee, and many others, opposed to f THOMPSON. We had plenty of time and adding amendments that will, indeed, could have done it in May. It could have the effect of delaying or killing TO AUTHORIZE EXTENSION OF have gone through those committees. the PNTR bill. Most any amendments NONDISCRIMINATORY TREAT- But it didn’t go to either committee. would have that effect. I believe most MENT TO THE PEOPLE’S REPUB- Certainly the kinds of changes that of the Members of this body also be- LIC OF CHINA—Continued would be made there would apply. We lieve that because each of the amend- AMENDMENT NO. 4129 ought to have that kind of process and ments that have been offered have not Mr. SMITH of New Hampshire. Mr. not limit the process entirely. The survived and have lost by a rather sub- President, very shortly there will be a House, of course, has passed this bill by stantial vote. I hope we continue to do vote on one of the divisions in my a large majority, and we need to move that. amendment to the PNTR legislation. forward with it. It is pretty unrealistic while we are This is a particular odious practice Aside from the jurisdictional con- trying to complete the work of this that occurs now in China called organ cerns, I have a fairly large number of Congress to think we can spend an- harvesting. It is hard to imagine that substitute concerns regarding issues of other week going back and forth in any nation in the world today would proliferation, and particularly the conference with the House and get this conduct activities as odious as this, problem of transfers to Pakistan. I done. but it does happen.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8446 CONGRESSIONAL RECORD — SENATE September 13, 2000 As we know from the debate that has it is going to require us to have to con- tion, student demonstrators, and any- been occurring on the permanent nor- ference with the House, and therefore one who appears to be questioning or mal trade relations with China, most of it might slow the bill down. challenging the Government of China the predictions are it is going to pass, If we are giving permanent status to is subject to harassment, intimidation, perhaps overwhelmingly. I personally China, what is a few more minutes? If arrest, incarceration, including in the oppose the legislation. But if we are we pass it, the House passes it, we infamous laogai, or slave labor camps, going to pass it, I believe we have an amend it here, send it over to the and, in certain cases, execution. obligation to at least call to the atten- House this morning or this afternoon, When Tiananmen Square occurred in tion of the rest of the world, and frank- by dinnertime the House agrees to it, 1989, peaceful student protesters, in- ly to our own people here in America, puts it on the President’s desk, he has cluding the sons and daughters of the the barbaric practices that are occur- breakfast tomorrow morning—has a Communist Party’s elite, were mowed ring in this country to which we are glass of juice, coffee, whatever, a muf- down, run over by PLA tanks. There about to give permanent normal trade fin—and then signs the bill. What is are far fewer dissidents in China than status. lost? there were 11 years ago after that expe- Permanent is a pretty strong word. When we do that, we could get some rience. Permanent means permanent. Under of these amendments. This monitoring Even the Falun Gong, which prac- the permanent normal trade relations language we should have in this bill. tices breathing and meditation exer- bill, there is a process for monitoring To do otherwise, with all due respect to cises, has been subject to brutal repres- the activities. There is a commission my colleagues, is simply to say: I am sion by Chinese authorities, and many that is set up. My amendment is very going to look the other way while of these worshipers have disappeared in simple. It says: organ harvesting takes place in China. the Chinese gulags, and some have died in police custody—great candidates for The Commission shall monitor the actions We don’t want to rock the boat. We of the government of the People’s Republic don’t want to offend the Chinese. We organ harvesting. of China with respect to its practice of har- don’t want to make anybody unhappy. ABC’s report also found that Chinese vesting and transplanting organs for profit We don’t want to offend the House be- nationals living on student visas were from prisoners that it executes. cause they didn’t put it in, so therefore marketing these organs to Americans and other foreigners who had the funds So all my colleagues know, this we are not going to conference this. We to make a $5,000 deposit and who then amendment simply says the commis- don’t want to rock the boat. sion shall monitor these activities in That is wrong. To put it bluntly, that traveled to China to the People’s Lib- China as best they can and report to is wrong. eration Army hospital where they re- the American people what they find. I Let me speak briefly about the con- ceived a kidney transplant. These kidneys are tissue typed and believe very strongly it is wrong for us tent of my amendment. Organ har- the prisoners are also tissue typed in as a nation to look the other way and vesting, there was an expose done on order to achieve an ideal match. Think say it is OK to make money, to trade this in 1997 by ABC News. This is not about that. Prisoners are executed, with China, sell our agricultural prod- BOB SMITH talking. This is one of the some of them for doing nothing more ucts, and ignore these types of human three major networks that televised a than protesting against the Govern- rights violations. documentary on the practice of organ ment of China. They are sent to prison In the debate yesterday I discussed harvesting in Communist China. In this briefly. We heard a lot about not and executed so that people can pay up that documentary, in 1997, it depicted to $30,000 for one of their kidneys or delaying the bill. The House has sent prisoners—these are not necessarily some other organ, and the money goes us over a bill—which, by the way they murderers. These are just prisoners. to the Chinese military. amended, they added some things to Some of them just put in there, actu- I ask my colleagues, with all due re- the monitoring—and they sent it back ally charged with nothing—so-called spect—and I respect the rights of Mem- to the Senate. Now many of my col- crimes against the state. But it showed bers to exercise their own views and leagues who are supporting PNTR are prisoners who were videotaped, lined votes; of course, it goes without say- saying: Let’s not delay this. If we agree up against a wall and executed with a ing, but I ask you: Is it unreasonable to to these amendments, the Smith bullet directly to the head. This, un- ask my colleagues to put this in the amendment or the Thompson amend- like a lethal injection, preserves the monitoring provisions of PNTR so that ment or the Wellstone amendment or organs for harvesting. we can monitor these activities and re- any other amendment that has been of- The documentary also claimed the port to the world what is happening? Is fered, we are going to delay the proc- prisoners were executed on a routine that so bad? If it delays this bill a few ess. Maybe it is a good idea to call at- basis. This was not an exception. Their hours, if we have to conference it with tention to the fact they are harvesting organs were sold to people who were the House—it is permanent—is that so organs obtained unwillingly by exe- willing to pay up to $30,000 for a kid- bad? cuting prisoners, but we don’t want to ney, for example. We might save a few lives. The more mess up the whole debate here. We do Human rights organizations have es- the world knows about this, and the not want to mess up an agreement we timated that at that time, the time the more world public pressure comes to have with the House. documentary aired, more than 10,000 the Chinese, we might save some lives. We go to conference on hundreds of kidneys alone—just kidneys, not to For the sake of a little time before we bills year after year. We are going to mention any other organs—10,000 kid- pass this bill that has been debated go to conference on 13 appropriations neys alone from Chinese prisoners had now for several days—it has been bills. It is what you do. That is why we been sold, potentially bringing in tens talked about for a year or two—is it so have a House and a Senate. It is what of millions of dollars to—guess where bad for my colleagues to vote to allow the Founding Fathers wanted us to do. the money goes—the Chinese military. a commission to study and report on So if it takes a few days or a few Does this sound like Huxley’s ‘‘Brave this? I ask them, is it really that big a hours—most likely a few minutes—to New World’’ or what—executing pris- deal for us to try to save people whose conference an amendment such as the oners to get their organs to get the basic human right, the right to life, is one we are about to vote on, which I money to the Chinese military. being denied for the sake of organ do- am about to speak on in a moment—if The Chinese Government, as it does nors? To make it worse, in some cases it takes a few minutes to have the with most human rights abuses, denies Americans are buying those kidneys, House agree to it, so what. What is the this practice takes place. But it is im- hearts, livers, and other organs. big deal? portant to keep in mind that China U.S. law prohibits this activity. It is This is very disturbing. Yet my col- does not have a rule of law. unlawful in the United States for ‘‘any leagues are saying to other colleagues: Prisoners are subject to arbitrary ar- person to knowingly acquire, receive, Don’t vote for the Smith amendment, rest and arbitrary punishment without or otherwise transfer any human organ the Wellstone amendment, the Helms due process. People of religious faith, for valuable consideration for use in amendment, the Thompson amend- environmental activists, human rights human transplantation if the transfer ment, or any other amendment because activists, opponents of coercive abor- affects interstate commerce.’’

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8447 Congresswoman Linda Smith, before barely knew, with at least $10,000 in cash. vesting’’ organs from patients who are brain- she left office, introduced a resolution They encountered a medical culture where dead, but whose hearts are still beating. And 3 years ago which deplored this prac- kidneys were given to those with money and when the issue of executed prisoners come a doctor could stop treatment if a patient into play, transplants become politically ex- tice and called upon the administration didn’t pay up. Surgeons advised them to wait plosive. ‘‘It is well known that the death to bar from entry to the United States until a major holiday, when authorities tra- penalty is often meted out in China for any Chinese official directly involved ditionally execute the most prisoners. things that most people in Western countries in the practice of organ harvesting. It China’s preferred method of capital punish- would not regard as capital crimes,’’ said urged the prosecution of individuals ment, a bullet to the back of the head, is Roy Calne, a professor of surgery at both engaged in marketing and facilitating conducive to transplants because it does not Cambridge University and the National Uni- these transplants under U.S. law. contaminate the prisoners’ organs with poi- versity of Singapore. Using organs from exe- sonous chemicals, as lethal injections do, or There is no one in the House or Sen- cuted prisoners is not only ethically wrong, directly affect the circulatory system, as he says, but discourages potential donors to ate who would not recognize the name would a bullet through the heart. step forward in China: ‘‘If the perception of of Harry Wu, the renowned human More than 1,000 Malaysians have had kid- the public in China is that there’s no short- rights activist and Chinese dissident ney transplants in China, according to an es- age of organs you’re not likely to get any en- who was arrested in China, detained, timate by Dr. S.Y. Tan, one of Malaysia’s thusiasm for a donation program.’’ and finally released. Thanks to the leading kidney specialists. Many patients go It is impossible to know exactly how many work of Laogai Research Foundation, after giving up hope of finding an organ Asians travel to China for organ transplants. donor in Malaysia, where the average wait- But data informally collected from doctors we are aware of ongoing Chinese en- ing period for a transplant is 16 years. Inter- in at least three countries suggest the num- gagement in organ harvesting of exe- views with patients who underwent the oper- bers are in the hundreds every year. Also im- cuted prisoners. ation in China reveal how the market for possible to confirm is whether all patients in It is unreasonable, it is unfair for us Chinese kidneys have blossomed here—to the China receive organs from executed pris- to add this provision that will expose point where patients from Malacca nego- oners and not other donors. But patients this to the world and say, once and for tiated a special price with Chinese doctors. interviewed for this article say doctors in all, that it is wrong and that we are In 1998, two doctors from the Third Affili- China make no secret of where the organ ated Hospital, a military-run complex in not going to allow ourselves to be comes from. The day before convicts are exe- Chongqing, came to Malacca and spoke at cuted—usually in batches—a group of pa- dragged into saying that, for the sake the local chapter of the Lions Club about tients in the hospital are told to expect the of profit, for the sake of selling wheat, their procedures. Kidney patients worked operation the next day. corn, rice, and other agricultural prod- out a deal with the doctors: Residents of Ma- Melvin Teh, 40, a Malacca businessman ucts, for the sake of greed and profit, lacca would be charged $10,000 for the proce- who received a kidney transplant from a hos- we are going to ignore this? How can dure instead of the $12,000 paid by other for- pital in Guangzhou two years ago, says doc- we do that in good conscience? eigners. It goes without saying that the kid- tors did not offer the names of the prisoners. The sad part, frankly—the American ney transplants these doctors perform are ‘‘They just tell you it was a convict,’’ he highly controversial. The Transplantation said. ‘‘They don’t tell you what he did.’’ people may not understand this—about Society, a leading international medical Mrs. Young says doctors told her that the what is happening in the Senate is that forum based in Montreal, has banned the use donors were all ‘‘young men’’ who had com- people are saying: Don’t vote for the of organs from convicted criminals. Human mitted ‘‘serious, violent’’ crimes. Chinese of- Smith amendment because that is rights groups call the practice barbaric. But ficials have admitted that organs are occa- going to slow the process down; don’t patients here who have undergone the oper- sionally taken from convicts, but deny that vote for it. ation in China say they were too desperate the practice is widespread. ‘‘It is rare in It is not going to slow the process at the time to consider the ethical con- China to use the bodies of executed convicts or organs from an executed convict,’’ an offi- down enough to matter, and this is im- sequences. Today they are simply happy to be alive. The trip to Chongqing offered them cial from the Health Ministry was quoted as portant. It is a commission. It is a an escape from the dialysis machines, blood saying in the China Daily in 1998. ‘‘If it is study. That is all it is, and that is all transfusions, dizziness and frequent bouts of done, it is put under stringent state control we are asking. vomiting. And why, they ask, should healthy and must go through standard procedures.’’ Mr. President, I ask unanimous con- organs be put to waste if they can save lives? That view does not jibe with the stories that sent to print an article on incidents re- ‘‘Ethics are only a game for those people patients from Malacca tell, where kidneys garding organ harvesting in the who are not sick,’’ says Tan Dau Chin, a are essentially handed out to the highest paramedic who has spent his career working bidders, often foreigners. RECORD. with dialysis patients in Malacca. ‘‘Let me Mr. Leong, the Chongquing patient, and There being no objection, the article put it this way: What if this happened to his wife, Karen Soh, who accompanied him was ordered to be printed in the you?’’ Simon Leong, 35, a Malaccan who un- to China, say money was paramount for the RECORD, as follows: derwent a successful operation two years ago surgeons involved in the operation. They re- [From the International Herald Tribune, in Chongqing, says the principle of buying an counted how another malaysian kidney June 15, 2000] organ is ‘‘wrong.’’ ‘‘But I was thinking, I transplant patient who suffered complica- tions while in Chongqing had run out of cash. AN EXECUTION FOR A KIDNEY—CHINA have two sons. Who’s going to provide for ‘‘They stopped the medication for one day, SUPPLIES CONVICTS’ ORGANS TO MALAYSIANS them?’’ Corrine Yong, 54, who returned from Chongqing two months ago after a successful ‘‘Mrs. Soh said, referring to the anti-rejec- (By Thomas Fuller) operation, was told that if she did not re- tion drugs. The patient was already very MALACCA, MALAYSIA.—The night before ceive a transplant she would probably not sick and eventually died of infection upon their execution, 18 convicts were shown on a live much longer. ‘‘I didn’t have a choice,’’ her return to Malaysia, according to Mrs. Chinese television program, their crimes an- she says of her decision to go to China. For Soh. Patients say they are advised by friends nounced to the public. Wilson Yeo saw the kidney patients in Malaysia the chances of who have already undergone a transplant to broadcast from his hospital bed in China and obtaining a transplant from a local donor are bring the surgeons gifts. Mrs. Young brought knew that one of the men scheduled to die slim. Despite an extremely high death rate a pewter teapot and picture frame. Mrs. Soh would provide him with the kidney he so on Malaysian roads—in a country of 22 mil- and her husband brought a bottle of Martell badly needed. lion people, an average of 16 people are killed cognac, a carton of 555 brand cigarettes and Mr. Yeo, 40, a Malaysian who manages the every day in traffic accidents—the organ do- a bottle of perfume for the chief surgeon’s local branch of a lottery company here, says nation system is woefully undeveloped. wife. ‘‘They call it ‘starting off on the right he never learned the name of the prisoner Kidneys were transplanted from just eight foot,’ ’’ Mrs. Soh said. whose kidney is now implanted on his right donors last year. Thousands of people are on After the operation was complete, the cou- side. He knows only what the surgeon told the official waiting list. Dr. Tan, the Malay- ple gave two of the doctors ‘‘red packets’’ him: The executed man was 19 years old and sian kidney specialist, says the small num- filled with cash: 3,000 yuan ($360) for the sentenced to die for drug trafficking. ‘‘I ber of donors in Malaysia is partly due to re- chief surgeon, and 2,000 yuan for his assist- knew that I would be getting a young kid- ligious and cultural taboos. Malaysian Mus- ant. Other patients also ‘‘tipped,’’ although ney,’’ Mr. Yeo says now, one year after his lim families in particular are reluctant to the amounts varied. It might be tempting to successful transplant. ‘‘That was very impor- allow organs to be removed before burial, al- see the market for Chinese organs as part of tant for me.’’ Over the past few years at though this is not the case in some other the more general links that overseas Chinese least a dozen residents of this small Malay- Muslim countries, such as Saudi Arabia, have with the mainland. Many of the pa- sian city have traveled to a provincial hos- which has a relatively high number of do- tients are indeed, ethnically Chinese and pital in Chongqing, China, where they paid nors. come from countries—Malaysia, Taiwan, for what they could not get in Malaysia: Organ donation has always been an uncom- Thailand—with either links to the mainland functioning kidneys to prolong their lives. fortable issue. The terminology is euphe- or large ethnic Chinese populations. Yet if They went to China, a place most of them mistic and macabre: Doctors speak of ‘‘har- the experience of Malaysian patients is any

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8448 CONGRESSIONAL RECORD — SENATE September 13, 2000 indication, the tip to China provides a severe agulants directly before a prisoner was shot being executed...have lost all their polit- culture shock. Patients recalled unsanitary to ease the process of organ retrieval. ical rights.’’ In reference to family consent, conditions, and for those who did not speak Mr. Wang informed Mr. Wu that he should Wang states, ‘‘as long as one gets the fam- Mandarin the experience was harrowing. prepare his patients for travel to China ily’s consent, and if there is no family, once Mr. Leong, who speaks little Mandarin, around the time of a national holiday. ‘‘Exe- he is executed, we’ll just directly take the was helped by his wife who wrote out a list cuting criminals during the holidays can corpses away...It is not necessary to tell of phrases for her husband to memorize. The frighten criminals and maintain social safe- them about taking their organs.’’ list included: ‘‘I’m feeling pain!’’ ‘‘I’m ty,’’ Wang explained. ‘‘Back in China, there Due to the phenomenon of migrant labor thirsty.’’ ‘‘Can you turn me over?’’ Mr. will definitely be executions before May 1st entering cities all over China, many pris- Leong would simply say the number that (Chinese National Labor Day), there is no oners have no family in the provine where corresponded to his complaint and the nurse question about that. I have done that for a they were arrested. Wang Chengyong esti- would check the list. But more difficult than long time . . . In China, every year their mated that in the prisons of Hainan (one of communicating is paying for the transplant. death-row prisoners total like over 40% of China’s booming ‘‘special economic zones’’) For the Leongs it involved pooling savings the whole world’s. Execution by shooting where he had served as a prosecutor, that from family members and appealing for happens a lot. Every year, right before the about one quarter of prisoners had no family funds through Chinese-language newspapers. four festivities take place, a group of people in the province. Regarding these migrants, The cost of an operation amounts to several will surely get killed, one hundred percent. Wang says, ‘‘say you are a wandering years’ salary for many Malaysians. Yet de- It has been going on like this for decades.’’ criminal...And once you wandered to Hai- spite financial problems and culture shock, When patients arrive in China, there would nan, you got arrested and you’ll be killed all four patients interviewed for this article be no problem to arrange a spot in a hospital over there. Before you are killed, your fam- said they had no regrets. where the operation would be performed. The ily members will be notified...But the Mr. Yeo enjoys a life of relative normalcy, Public Security Bureau informs the hospital family members may not necessarily come maintaining a regular work schedule and of execution dates, allowing doctors to pre- to collect the cadaver, he may not have any jogging almost every day. He says he was so dict the time of an operation. Such pre- family members at all.’’ weak before his transplant that he had trou- diction is completely unheard of in other COLLABORATION IN THE ORGAN HARVESTING ble crossing the street and climbing stairs. hospitals where organs come from donors PROCESS Four-hour sessions three times a week on di- who must first sign their consent for dona- In China today, this blatant violation of alysis machines were ‘‘living hell.’’ Does it tion and then die of natural causes before international standards of medical ethics disturb him that an executed man’s kidney their organs can be removed. and human rights law is manipulated to cre- is in his abdomen? ‘‘I pray for the guy and Organs are harvested at the sight of execu- ate a moneymaking enterprise for all parties say, ‘Hopefully your after life is better,’ ’’ tion. Mr. Wang referred directly to Chinese involved. As a former prosecutor, Wang Mr. Yeo said, And has he ever wondered regulations that forbid vehicles that are Chengyong also benefited from his role in whether the prisoner might have been inno- market as ambulances from entering execu- the process, and spoke of how everyone re- cent? Mr. Yeo pauses and stares straight tion grounds. [On October 9, 1984, a joint reg- ceives their own payoff in collaboration for ahead. ‘‘I haven’t gone through that part— ulation was signed entitled The Provisional organ retrieval. Wang named these separate the moral part,’’ he said. ‘‘I don’t know. I Regulations of the Supreme People’s Court, parties as follows: ‘‘these are the several as- can’t question it too much. I have to live.’’ the Supreme People’s Procuratorate, Min- pects, the Public Security Bureau, the istry of Public Security, Ministry of Justice, procuratorate, the court, the judicial organi- WANG CHENGYONG: BROKERING CHINESE Ministry of Public Health, and Ministry of zation, plus hospitals and the families. Let ORGANS FOR AMERICAN PATIENTS Civil Affairs on the Use of Dead Bodies or Or- us say, there ought to be these six aspects.’’ gans from Condemned Criminals. The docu- In February of 1998, an acquaintance in- In negotiations with Mr. Wu, Wang mentions ment stipulates that ‘‘Vehicles from medical formed Harry Wu of a man named Wang each of these parties and calculates a large institutions may be allowed to enter into the Chengyong who was attempting to arrange amount of money that he will take from any execution ground to remove organs, but ve- kidney transplants for U.S. patients in the individual coming from the U.S. to China hicles displaying the logo of medical institu- People’s Republic of China. Wu videotaped seeking a transplant operation. As all these tions are not be be used.’’] Instead, the conversations with Wang, a former pros- governmental units collaborate to make this marked vehicles wait directly outside the ecutor from Hainan Province in China, who process possible, this amounts not to black execution area and within minutes after the was attempting to sell kidneys from exe- market oriented scandal, but an effort that shot is fired, they are permitted inside to re- cuted prisoners in China to potential recipi- is sanctioned, coordinated and carried out by trieve organs from the executed prisoners. ents in the U.S. Wu turned over the video the Chinese government. material to the FBI, who conducted their Mr. Wang describes the process as follows: Many of Wang Chengyong’s most chilling own sting operation and arrested Wang. ‘‘Regarding the coordination by the hospital, statements involve the vastness of China’s Mr. Wu participated in several taped con- that is, we must tell them about the situa- system of removal of organs from executed versations with Wang Chengyong discussing tion ahead of time....When the time prisoners for use in transplant operations. the possibility of organ procurement involv- comes, the hospital’s vehicle will follow the According to many of Wang’s statements, ing executed Chinese prisoners. In these con- execution vehicle, from behind. However, the this procedure is highly common in China versations, Harry Wu posed as a doctor from hospital vehicle can’t enter within the warn- and well known among all participating lev- Aruba whose patients were waiting for kid- ing security line, they can only park outside els. He even brags about the execution proce- ney transplants. Their conversations re- of the line. But once the gun shot is dures in Hainan Province that are especially vealed the entire process by which organs of heard...the medical vehicle will come in, conducive to kidney harvesting. He says, ‘‘In executed prisoners from China’s Laogai are arriving on the site. And if there’s anything Hainan, they shoot at the heart, from the harvested and used in transplant operations. that can be done on the scene, do that or just back. And they have court doctors to con- [All quotes and information in reference to bring it back to the hospital.’’ Mr. Wang af- firm . . . where the bullet enters. Once shot, conversations of Harry Wu and Wang firmed that due to this efficient process of the bullet will just go through the heart . . . Chengyong can be found in the transcripts retrieval and transport, the organ is only out the heart and the kidney, they are far from from case files of The United States of Amer- of the body for a few short hours, preserving each other. The shots will not be off target, ica vs. Cheng Yong Wang, United States Dis- its quality. In the US where organs must be lest damaging the kidney.’’ He also quickly trict Court, Southern District of New York, retrieved from whatever location a donor and easily estimates that there will be at government exhibit 1T.] This evidence con- happens to die, doctors are often forced to least 200 executions in Hainan Province firms the testimonies and reports from many preserve organs outside the body for longer every year and that he personally can gain human rights organizations that have re- periods of time. access to kidneys and other body parts from ported on this practice in years past. THE ISSUE OF CONSENT at least fifty of these 200. He tells Mr. Wu, A PROSECUTOR’S VIEW OF THE ORGANS TRADE In his conversations with Harry Wu, Wang ‘‘Chinese hospitals do not lack for cadavers In conversations negotiating potential Chengyong also mentions the issue of con- . . . in China there are too many executions organ deals, Mr. Wang revealed many details sent. According to Wang, consent must only by shooting. The medical schools can just regarding his own role as a prosecutor within be asked of the accused’s family members. If get them any time they want . . . China is the process of conviction and execution of the family gives consent, authorities are free not lacking in corpses.’’ Later he once again Chinese prisoners, and how officials at all to do what they will with the body after exe- emphasizes this point, ‘‘China has no lack of levels within this process collaborate to har- cution. If they refuse their consent, they will this . . . China lacks other things. China has vest the organs of the prisoners they exe- be bribed and coerced until they give in. If a lots of people, lots of death-row prisoners.’’ cute. He stated that it could be arranged for criminal has no family, as Wang states the As Wang Chengyong attempted to profit a doctor to come into the detention center to job is easier still because then consent is of from the harvesting of organs from this perform blood tests on prisoners prior to no issue whatsoever. When asked about con- seemingly limitless supply of death-row pris- their execution, matching their blood with sent of the prisoner, Wang responds, ‘‘...in oners, he mentions the possibility of pro- potential donors and ensuring that they were China this thing is different from the United curement of kidneys, corneas and other body in good health. These would be the same doc- States, regarding this issue of dead people’s parts. He is an integral part of a system that tors who would administer a shot of anti-co- organs...Death penalty prisoners who are perpetuates this practice all over China to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8449 the profit of Chinese governmental officials The PRESIDING OFFICER. Without Roth Stevens Warner and adding one more gruesome example to Schumer Thomas Wyden objection, it is so ordered. Smith (OR) Voinovich the list of human rights violations that Mr. LEVIN. Mr. President, the Smith occur in the Chinese Laogai system. amendment would require the Congres- NOT VOTING—5 Mr. SMITH of New Hampshire. Mr. sional-Executive Commission on the Akaka Jeffords McCain President, I urge my colleagues to vote People’s Republic of China to monitor Gorton Lieberman for the Smith amendment on organ the actions of the Government of the The amendment was rejected. harvesting. Do not listen to the talk on People’s Republic of China with respect Mr. MOYNIHAN. Mr. President, I the floor that we need to stay together to the harvesting of organs from exe- move to reconsider the vote. on PNTR and not have any amend- cuted prisoners. I believe the allega- Mr. SANTORUM. I move to lay that ments which might slow down the motion on the table. process. I urge my colleagues to vote tions that Chinese officials harvest or- gans from executed prisoners are ex- The motion to lay on the table was yes not only on the Smith amendment agreed to. but other amendments that are offered tremely serious. However, the Congres- by colleagues that will expose some of sional Executive Commission already VOTE ON AMENDMENT NO. 4129, DIVISION VI the basic human rights violations that has jurisdiction to look at this practice Mr. ROTH. Mr. President, I ask for have occurred in China and are still oc- because it is a human rights violation the yeas and nays on the Smith amend- curring in China. It is wrong to look and the Commission has jurisdiction to ment. the other way and to sanction it while monitor and report on human rights The PRESIDING OFFICER. Is there a we provide aid, food, and trade to this violations in the PRC. This very seri- sufficient second? nation. ous allegation should not be singled There is a sufficient second. Mr. President, I yield the floor and out among all the human rights abuses The question is on agreeing to suggest the absence of a quorum. of the Chinese government when it is amendment No. 4129, division VI. The The PRESIDING OFFICER. The already covered as part of what the clerk will call the roll. clerk will call the roll. Commission can monitor and report The legislative clerk called the roll. The assistant legislative clerk pro- on. Mr. NICKLES. I announce that the ceeded to call the roll. VOTE ON AMENDMENT NO. 4131 Senator from Washington (Mr. GOR- Mr. ROTH. Mr. President, I ask unan- Mr. ROTH. Mr. President, I yield TON), the Senator from Vermont (Mr. imous consent that the order for the back the remainder of my time and ask JEFFORDS), and the Senator from Ari- quorum call be rescinded. for the yeas and nays. zona (Mr. MCCAIN) are necessarily ab- The PRESIDING OFFICER. Without sent. objection, it is so ordered. The PRESIDING OFFICER. Is there a sufficient second? Mr. REID. I announce that the Sen- Mr. ROTH. Mr. President, I rise in ator from Hawaii (Mr. AKAKA) and the There appears to be a sufficient sec- opposition to this proposal offered by Senator from Connecticut (Mr. LIEBER- ond. my distinguished colleague from New MAN) are necessarily absent. The question is on agreeing to the Hampshire. I must do so because its The PRESIDING OFFICER (Mr. Byrd amendment No. 4131. The clerk passage will endanger H.R. 4444, not be- BURNS). Are there any other Senators will call the roll. cause of the sentiments expressed in in the Chamber who desire to vote? the proposal. The assistant legislative clerk called The result was announced—yeas 29, As the State Department Human the roll. nays 66, as follows: Rights Report of 1999 states, in recent Mr. NICKLES. I announce that the [Rollcall Vote No. 241 Leg.] years there have been credible reports Senator from Washington (Mr. GOR- YEAS—29 that organs from executed prisoners in TON), the Senator from Vermont (Mr. China were removed, sold, and trans- JEFFORDS), and the Senator from Ari- Abraham Gregg Mikulski planted. Chinese officials have even Ashcroft Hatch Santorum zona (Mr. MCCAIN) are necessarily ab- Bunning Helms Sarbanes confirmed that executed prisoners are sent. Burns Hollings Sessions among the source of organs for trans- Mr. REID. I announce that the Sen- Byrd Hutchinson Smith (NH) Collins Inhofe plant. Of course, they maintain that ator from Hawaii (Mr. AKAKA) and the Snowe Craig Kennedy Specter they get the consent of prisoners or Senator from Connecticut (Mr. LIEBER- DeWine Kohl Thompson their relatives before organs are re- Dorgan Kyl MAN) are necessarily absent.–– Torricelli moved. The result was announced—yeas 33, Feingold Leahy Needless to say, China’s organ har- nays 62, as follows: NAYS—66 vesting practices are as gruesome as [Rollcall Vote No. 240 Leg.] Allard Enzi McConnell they are indefensible. But ending trade Baucus Feinstein Miller with China is unlikely to force the Chi- YEAS—33 Bayh Fitzgerald Moynihan nese to change their behavior in this Abraham Helms Santorum Bennett Frist Murkowski Ashcroft Hollings Sarbanes Biden Graham Murray area. Indeed, by opening China to trade Bayh Hutchinson Sessions Bingaman Gramm Nickles and to global standards of economic be- Bunning Hutchison Shelby Bond Grams Reed havior we may well prod China to Byrd Inhofe Smith (NH) Boxer Grassley Reid abandon its practices regarding organ Campbell Kennedy Snowe Breaux Hagel Robb Collins Kohl Specter Brownback Harkin Roberts harvesting. DeWine Leahy Thompson Bryan Hutchison Rockefeller Let us remember as well that H.R. Edwards Levin Thurmond Campbell Inouye Roth 4444 establishes a congressional-execu- Feingold Mikulski Torricelli Chafee, L. Johnson Schumer tive commission on China which I be- Gregg Rockefeller Wellstone Cleland Kerrey Shelby Cochran Kerry Smith (OR) lieve holds promise for pressuring NAYS—62 Conrad Landrieu Stevens China to curb its human rights abuses, Allard Dodd Kerry Crapo Lautenberg Thomas including the grotesque practice of har- Baucus Domenici Kyl Daschle Levin Thurmond vesting organs. Bennett Dorgan Landrieu Dodd Lincoln Voinovich Domenici Therefore, Mr. President, I must urge Biden Durbin Lautenberg Lott Warner Bingaman Enzi Lincoln Durbin Lugar Wellstone my colleagues to vote against this pro- Bond Feinstein Lott Edwards Mack Wyden posal. Boxer Fitzgerald Lugar NOT VOTING—5 Mr. President, I suggest the absence Breaux Frist Mack of a quorum. Brownback Graham McConnell Akaka Jeffords McCain Bryan Gramm Miller Gorton Lieberman The PRESIDING OFFICER. The Burns Grams Moynihan clerk will call the roll. Chafee, L. Grassley Murkowski The amendment (No. 4129), division The assistant legislative clerk pro- Cleland Hagel Murray VI, was rejected. ceeded to call the roll. Cochran Harkin Nickles Mr. ROTH. I move to reconsider the Mr. ROTH. Mr. President, I ask unan- Conrad Hatch Reed vote. Craig Inouye Reid imous consent that the order for the Crapo Johnson Robb Mr. MOYNIHAN. I move to lay that quorum call be rescinded. Daschle Kerrey Roberts motion on the table.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8450 CONGRESSIONAL RECORD — SENATE September 13, 2000 The motion to lay on the table was leadership of the Chinese Government stan is increasing. Practically on the agreed to. give us basically the back of their eve of the vote for this new strategic The PRESIDING OFFICER. The Sen- hand. They make no pretense that they relationship, this new partnership that ator from Delaware, Mr. ROTH. are not going to act any differently in is going to enrich us, they are bla- Mr. ROTH. Mr. President, I ask unan- the future. tantly increasing their activity. This is imous consent that I be recognized at So the issue presented to us is: Are what we are facing. 1:45 p.m. today to call for the regular we, the United States of America, the It has been a good discussion. I dis- order with respect to the Thompson most powerful country in the world, agree with my friends who think even amendment No. 4132. going to do anything about it? That is though we have this facing us, we The PRESIDING OFFICER. Is there the issue before us today. should put it aside for another day. We objection? We have set forth an amendment don’t have a solution. We haven’t done Without objection, it is so ordered. which basically tracks a lot of legisla- anything in the past. There is no rea- Mr. ROTH. With this agreement in tion that is already on the books in son to think we are going to do any- place, all Senators should know that a terms of cutting off military-related thing about it in the future. There is motion to table the Thompson amend- items and dual-use items to these gov- certainly no reason for the Chinese ment will occur at approximately 1:45 ernments if they are caught in this ac- Government to think we are going to p.m. Therefore, the next vote will tivity. But what we add is a more ex- do anything about it in the future. occur at approximately 1:45 p.m. today. tensive reporting requirement so we Wait for our friends and our allies to I now ask unanimous consent that have a better understanding and a come together so we can have a multi- time prior to votes relative to these more detailed understanding than the lateral approach. That sounds pretty amendments be limited to 1 hour reports we receive now give us. good, but how long has it been since we equally divided per amendment, with Under our amendment, it makes it a have had a multilateral approach on no second-degree amendments in order little bit more difficult for a President anything? We don’t have the ability in prior to these votes. The amendments to game the system. The President, of this country anymore to rally our al- are as follows: Helms No. 4123, Helms course, has been quoted as saying that lies as we once did, much less do some- No. 4126, and Helms No. 4128. I further when the law requires him to impose thing that might cost them some trade ask consent that Senator HELMS be sanctions on a country that he does not dollars. recognized at 2:30 p.m. today to begin want to impose on them, sometimes he We have a threat to this country. debate on amendment No. 4128 regard- has to fudge the facts, and the law Clearly a multilateral approach would ing forced abortions. makes him do that. That kind of atti- be preferable, but if we can’t do that, The PRESIDING OFFICER. Is there tude, when they are caught sending M– as we obviously can’t because we objection? 11 missiles to Pakistan and they are haven’t, then we have to take action Without objection, it is so ordered. caught sending the ability to enrich on our own. Mr. ROTH. Mr. President, I yield the uranium to go into nuclear materials— So what do we do? Cut off agricul- floor. they are caught doing all that, with no tural products? Cut off trade across the Several Senators addressed the sanctions imposed—all of that has re- board? Cut off automobiles and all Chair. sulted in a more dangerous world, not that? No. If they are caught doing that, The PRESIDING OFFICER. The Sen- a new relationship built upon trust and we cut off military equipment. We cut ator from Tennessee. friendship and a strategic partner- off dual-use items and others of that AMENDMENT NO. 4132 ship—a more dangerous world. nature. We tell them their companies Mr. THOMPSON. Mr. President, we So this is a good debate. My friends can’t continue to use the New York have had a good debate over the last 2 who oppose this amendment say all Stock Exchange to raise billions of dol- or 3 days on the amendment Senator that may be true, we may be facing a lars when our Deutch Commission tells TORRICELLI and I have set forth. We situation where these nations, includ- us that some of the worst proliferators, have had a good discussion about the ing China, are conducting themselves these companies that are doing this ac- continued reports we have that the in a way that is detrimental to our in- tivity that are owned by the Chinese Chinese, Russians, and North Koreans terests; they may be making the world Government, are raising billions of dol- continue to litter this world with a more dangerous place, and especially lars in our stock market. Does that weapons of mass destruction. And it the United States. If these rogue na- make sense? Surely we have peace and endangers our country. tions have the ability to hit countries prosperity now, but how long are we Bipartisan groups all across the with their missiles, containing biologi- going to have it? How long can we be board, just over the last 2 years, con- cal weapons that are indescribable in oblivious to what is going on around tinue to remind us of this threat that their effect, I doubt if it is going to be us? is growing—it is not diminishing; it is Switzerland they choose to threaten We are having this debate. Reason- growing. These same people tell us that with this type weapon. We are on the able people can disagree. Some say we the key suppliers are these three coun- front line. We have a right to be con- should not get all this caught up in tries. cerned. trade policy; We should keep our focus As late as 1996, we were reminded, Apparently we are concerned, be- on trade; that trade is important; that once again, that the People’s Republic cause we are now in the midst of a de- we need to not complicate the trade of China was the worst proliferator of bate on a national missile defense sys- issue. No one here has had a more con- weapons of mass destruction in the en- tem because of this very threat. Yet as sistent record than I in terms of free tire world. We have had a good discus- we consider this new trading relation- trade. I believe in it; whether it is sion on that. We have had a discussion ship with China, some of us are refus- NAFTA or fast track for President about the fact that the leaders of the ing to consider the fact that China is Clinton, I believe in it. Free trade can PRC have told us they are going to one of the primary reasons we have lead to open markets. Open markets continue to do that, whether we like it this threat because they are supplying can lead to more open societies. Even- or not, as long as we talk about pro- these rogue nations with this weap- tually, in the long run, it can have a tecting ourselves with a missile de- onry. beneficial effect. I think it is going to fense system and as long as we con- There is no need to go through the be a much longer run in China than a tinue to befriend Taiwan. list again and again and again and lot of people think, but that is another We have sent three delegations of dis- again, the public list—not to mention story. I am for that. tinguished Americans and leaders, the the classified list that cannot be dis- This is different. This is not just a Secretary of Defense, the Secretary of closed—of proliferation activities and trade issue. In fact, it is not a trade State, high-level people, to try to get the charts we have shown about the issue at all. It should not be lumped in them to relent and stand down from ac- missile technology they are sending as a trade issue. I tried my best to get tivities that endanger us, our children, and the missile components they are a separate vote on our amendment for and our grandchildren and make this sending—our CIA reports indicate the 2 months. The supporters of PNTR ap- world a more dangerous place. The missile activity with regard to Paki- parently thought it would be easier to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8451 defeat me if they forced me on to this Corporate leaders and several of President if it goes back to the House, even PNTR bill. So that is where we are. So Clinton’s cabinet officers intensified pres- though they won by a 40-vote margin, be it. sure today on wavering Senators . . . at the last minute people going into an But this is a national security issue. All you wavering Senators out there, election will switch their votes. They Some would say this is one of those I extend my condolences because ap- will look at our bill and say: My good- rare circumstances that we see every parently corporate leaders and the ness, it has a proliferation aspect to it once in a while where we have legiti- White House have stepped up the pres- and we can’t vote for that. mate free trade interests we want to sure. I don’t know why. They have said Ridiculous. It would not be 24 hours promote and expand, even with those all along they have the votes to beat before the deed would be done. That who are guilty of human rights viola- Thompson-Torricelli. I don’t know why battle has been fought and won. We are tions, even with people with whom we all of the nervousness. I don’t know going to pass PNTR. The real question strongly disagree, even with people why all of the intensity. The President is, Are we going to relent to the pres- who proliferate. now has sent out a letter that says, sure being applied? I intend to support PNTR. But what among his complaints, that our amend- Exhibit B is the same New York Senator TORRICELLI and I are saying is ment is unfair. I assume unfair to the Times article: that along with that, not in opposition Chinese Government. That is such a re- Thomas J. Donohue, president of the to that, or not as substitute for that, markable statement, I don’t think I United States Chamber of Commerce, we must take into consideration the even need to reply to it. warned of retribution against senators who totality of our relationship with this He also has a problem because he support the Thompson-Torricelli measure. country because they are doing things says they have joined the nonprolifera- In case anybody thinks they that are dangerous to this Nation. That tion treaty. They have joined the misheard what I said, let me read that is the primary obligation of this Na- Chemical Weapons Convention. The again: tion. The preamble to our Constitution Chinese Government has joined the Bi- Thomas J. Donohue, president of the says the reason we even have a Govern- ological Weapons Convention and the United States Chamber of Commerce, ment is to look after matters such as Comprehensive Nuclear Test-Ban Trea- warned of retribution against senators who this. ty. The only problem with that is they support the Thompson-Torricelli measure. It is a good debate. We have had a have routinely violated every treaty You know, it would be comical if it good back and forth for the most part. they have ever joined. And they won’t were not so serious. One of my great We steer off course a little bit every join the ones that require safeguards so disappointments in this debate is that once in a while. Unfortunate state- people go in and inspect these facili- there have been some business leaders ments are made on all sides, but that ties. He complains that it applies a dif- who have been drawn into this who happens when issues are important. We ferent standard for some countries. really have no dogs in this fight be- spend enough time around here on Well, yes, it does. Why is that? Because cause their businesses are not even af- things that are not important. It is our intelligence agencies have identi- fected, but they have been told they kind of rejuvenating when we are actu- fied certain countries as being key sup- are affected. They put their blinders on ally talking about something that is. I pliers of weapons of mass destruction. and they justly argue the benefits of can’t think of anything more impor- Do we not have a right to identify trade. But they resent it, when we have tant than this. them and single them out? Have they been elected by the entire population— But it has taken on a new dimension. not earned that privilege? people who are not corporate leaders— This issue has taken on a new dimen- I think the integrity of the Senate is when we address in addition to that sion now because what we have seen is at stake with this kind of pressure matters of national security. unprecedented lobbying and pressure being brought to bear on a matter of That is very disappointing. It should efforts to defeat the Thompson- national security by those who do not not be that way. I don’t think some of Torricelli amendment. I hope we don’t know anything about issues of national these people really represent who they flatter ourselves with that assessment. security. pretend to represent. I don’t know of Lobbying and pressure are fairly com- Many of my colleagues here, of anybody who has a better record of mon around here. People have a right course, are experts in this area—some voting with the Chamber of Commerce to express their opinions. of them. But these folks who call them- position than myself, whether it be But on this issue—not on any of selves corporate leaders—and I don’t taxes or regulation or any of those these other issues, apparently, but on think there are many of them, but they matters. Some of my friends in the this issue—it has brought out those are very intense and are interested in Chamber of Commerce in Tennessee who fear that in some way some trade trade, so more power to them—appar- are here. I haven’t talked to them yet. might be affected. Never mind that we ently now they have taken on addi- But I will bet you that to a person they have taken agriculture and American tional portfolios. They have responded will say: Thompson, we elected you to businesses off the board; they are not to a higher calling involving issues of look out for these things. We are for involved in this at all. Never mind that war and peace. Now they advise us as trade and we want trade, but if you it is not a general goods sanction or to what we should or should not do think that in addition to that we need anything such as that that we are nar- with regard to these proliferation to send a signal about people who are rowly focused on here. They just be- issues. making this a more dangerous world lieve that in some way it might irri- Why do I say that the integrity of the for our kids, you send that signal; we tate the Chinese and they might retali- Senate is at stake, and that there are expect that of you. And if by some un- ate in some way. We can’t afford to ir- those out here who on this vote are foreseen circumstance we lose a dollar, ritate them. What we need to do is con- trying to emasculate the process with so be it. tinue down the road of giving them the proposition that the House can act, I think that is the way most people WTO, give them veto power on our na- and when they act and put in all of think. I think that is the way most tional defense system, turn a blind eye their favorite causes, justified as they businessmen and businesswomen think. to their theft of our nuclear weapons, are, including Radio Free Asia and I think that these little people who turn a blind eye to the proliferation ac- things such as that, which they try to strut around up here making implied tivities, go over to Taiwan, adopt the express a concern about and all that, threats on campaign contributions and three noes the Chinese want us to do and God bless them, that is fine; but it warning us of how we ought to vote for and put our allies in Taiwan in a nerv- comes over to the Senate and we are this, that, and the other, who don’t ous state. We need to continue down supposed to rubberstamp whatever it is know what they are talking about, that road because it has gotten us so that is in that House bill. need to be taken down a notch or two. far, it has done so much for us, that is Why is that? Even though this is I haven’t been around here very long, the way we need to continue. such an overwhelmingly obvious boon but I have never seen anything such as I picked up the New York Times this to the United States, they are fearful that. He is warning of those who allow morning and read in an article by Eric that if we add our concerns about nu- these folks to get tangled up in the pol- Schmitt the lead paragraph: clear proliferation to that list of items, itics of nuclear proliferation. That is

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8452 CONGRESSIONAL RECORD — SENATE September 13, 2000 the small-mindedness we deal with ing. Let me begin by saying this. If I would be placed on corporations of al- here regarding this statement. believed this amendment would keep lied countries that are not acting ille- I feel sorry for the men and women our country safe, I would vote for it. I gally. out there in all the Chambers of Com- do not believe that is the case. Rather, Fourth, especially chilling is the way merce around this country, to have I believe the amendment is deeply in which the amendment’s wording this kind of representation in the New flawed and it has major procedural and could, in effect, blacklist any company York Times and how people think that review problems. I want to point those tagged as a proliferating agent under that represents their idea of the prior- out. this amendment’s low standard of ities that we have in this country. The Let me say, first of all, to most of us, proof. lobby is intense. I assure you it is on the draft of this amendment was avail- These are just a few of the examples one side. able Monday night, a little more than of some of the problems with this You will not see the Halls littered a day ago. Yet it is a major, long-range amendment. Several of my colleagues with people out here saying ‘‘keep our piece of legislation that has major im- have discussed other shortcomings at country safe.’’ There are no lobbyists plications for national security, for greater length. being paid to do that. No one makes peace, and stability in the Asia Pacific Automatic sanctions set off by low any money off of our amendment. region. To pass it without careful anal- thresholds of evidence offer little to There are no tanks bought; there is ysis, without full hearings, and with- entice allies to join us in implementing nothing sold. All of the lobby, all of the out careful judgment is something to an effective sanctions regime, but they pressure, all of the threats are on one which I am not willing to be a party. most certainly will damage U.S.-China side. So why it would be that the oppo- There have been no hearings on this or relations. They most certainly will nents of our amendment who claim any draft of this legislation. The Na- weaken our ability to engage the Chi- they have the votes don’t want to even tional Security Council and the State nese in any kind of worthwhile dialog give us a vote is something that per- Department have not had the oppor- or influence them to change their be- haps ought to be contemplated. tunity to provide a full analysis of this havior. I urge my colleagues to join me in Could it be that people really don’t latest version of the amendment or as- opposition to this amendment. want to go on record because they real- sess its likely short- and long-term im- Let me, if I might, say a few things ize they are casting their fate to the pact. about the bilateral agreement that good graces of the leadership of the I am one of those who believes it really is the issue before us today. I re- Chinese Government—and they have a would, in fact, doom giving China per- viewed it carefully, and I believe that consistent pattern of this activity and manent normal trading status. I am in this agreement China has made sig- we catch them from time to time? It is simply not willing to do that. Most im- nificant market-opening concessions to going to continue and we are going to portantly, from what I have been able the United States across virtually continue to catch them. Could it be to perceive, I believe the legislation every economic sector. that some people don’t want to have has serious flaws. For example, on agricultural prod- cast a vote against a modest attempt First, it focuses on three countries. ucts, tariffs will drop from an average for a better reporting requirement, a It separates them from all the other of 31 percent to 14 percent by January more transparent process, giving Con- countries. It applies a standard to of 2004. Industrial tariffs will fall from gress an opportunity, in unusual cir- them that exists for no one else. And I an average of 24.6 percent in 1997 to 9.4 cumstances, to have their say? do not believe that is in the best inter- percent by 2005. Again, there are two issues here now, ests of sound decisionmaking. China agrees to open up distribution it seems to me. One is on the merits Second, the mandatory sanctions put services, such as repair and mainte- and another is the integrity of the Sen- in place by this amendment have hair nance, warehousing, trucking, and air ate and how we are going to handle triggers which are tripped by minimal courier services. this issue. evidence—indeed not necessarily even Import tariffs on autos, now ranging I yield the floor. evidence. The raw intelligence data between 80 percent and 100 percent, are The PRESIDING OFFICER. The Sen- that provides the ‘‘credible informa- broken down to 25 percent by 2006 with ator from California is recognized. tion’’ trigger of this amendment re- tariff reductions accelerated. Mr. GRAMM. Will the Senator yield quires followup, substantiation, and China will participate in the Infor- for a unanimous consent request? analysis before it is used to initiate ac- mation Technology Agreement and will Mrs. FEINSTEIN. Yes. tion. It should be the starting point for eliminate tariffs on products such as Mr. GRAMM. Mr. President, I ask processes that weigh options and con- computers, semiconductors, and re- unanimous consent that when the Sen- sider appropriate action, not an end lated products by 2005. ator from California finishes, I be rec- point that instantly triggers strong re- It will open its telecommunications ognized for 10 minutes. sponses. sector, including access to China’s The PRESIDING OFFICER. Is there Let me give you one example: In 1993, growing Internet services, and expand objection? the Yin He incident, where based on investment and other activities for fi- Mr. TORRICELLI. Reserving the ‘‘credible information’’ the United nancial services firms. right to object, if the Senator will States publicly accused China of ship- The agreement also preserves safe- amend the request that I be recognized ping proscribed chemical precursors to guards against dumping and other un- following him, I will not object. Iran. The Chinese freighter in question fair trade practices. Specifically, the Mr. BIDEN. Reserving the right to was diverted and every single container ‘‘special safeguard rule’’—to prevent object, I would like to follow the Sen- searched, at great cost and inconven- import surges into the United States— ator from New Jersey, as well. I have ience to all involved. There were no will remain in force for 12 years, and been waiting. banned chemicals aboard. The Thomp- the ‘‘special anti-dumping method- Mr. MOYNIHAN. Mr. President, son amendment would have mandated ology’’ will remain in effect for 15 might the chairman present a request sanctions. years. in writing as to the timing? I think we Second, there is no way to target the No matter how you look at it, this can get that up right quick. sanctions which would be triggered by benefits the United States. Mr. ROTH. In the meantime, let the this amendment, and no effective Pres- I think many people have confused Senator from California proceed. idential waiver for national security this PNTR vote with a vote to approve The PRESIDING OFFICER. The Sen- interests. It is a blunt instrument more China joining the World Trade Organi- ator from California is recognized. likely to hurt American interests than zation. It needs to be understood that Mrs. FEINSTEIN. Mr. President, I to change China’s behavior. China will likely join the WTO within rise to oppose the Thompson amend- Third, the amendment invites diplo- the next year regardless of our action. ment, and then I hope I can make a few matic and, yes, maybe even legal prob- The issue will, in fact, be decided by comments on what I believe to be one lems with other countries, including the WTO’s working group and a two- of the most important pieces of legisla- allies. The amendment as drafted could thirds vote of the WTO membership as tion on which this Congress will be vot- create a situation whereby sanctions a whole.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8453 Under WTO rules, only the countries than the question of how to persuade mitment to free flows of information, that have ‘‘nondiscriminatory’’ trade China that it is in China’s own na- the rule of law—the most important practices—that is PNTR—are entitled tional interests to move away from au- thing—dedication to environmental re- to receive the benefit of WTO agree- thoritarian government and toward a sponsibility, and worker rights and ments. Without granting China perma- more open, a more pluralistic and freer safety. nent normal trading status, the United society. How do we convince China to Yes, it is far from perfect. But are States effectively cuts itself out of Chi- make the political, economic and so- things changing? The answer by any na’s vast markets, while Britain, cial changes that will help China objective criteria has to be yes. Are Japan, France, and all other WTO na- evolve the leadership that will make it there flaws? Are there problems? Does tions are allowed to trade with few bar- guarantor of peace and stability in the China very often do stupid things? Yes: riers. Pacific rim, throughout Asia and the The crackdown on Falun Gong, in my In my view, this has been an inter- world? view a stupid thing, an unnecessary esting exercise because it has been I am convinced that Congress will de- thing, something that, once again, highly politicized. The bottom line is if bate few issues more important this pushes it backwards rather than for- we don’t grant China PNTR based on year than the question of China’s entry wards. Its treatment of Tibet—has the November bilateral agreement, an into the World Trade Organization and China done the wrong thing? Abso- agreement in which the United States whether or not we will deal with the lutely. For 10 years I have been saying received many important trade conces- Chinese on the basis of a permanent that and will continue to say it. It sions and gave up nothing, we effec- normal trade relationship. makes no sense for a great nation to tively shoot ourselves in the foot. We Trade means change in China. Eco- treat a major minority the way in take ourselves out of the agreement, nomic engagement with the United which the Tibetan people are treated. I China still goes into the WTO, and States has been one of the prime moti- will say that over and over again. I will those other strategic trading blocks vating factors in China’s decision to work to change it. And one day we will such as the European Union receive the move toward a market economy and succeed and do that, too. But we can- benefits of the bilateral agreement. We away from its self-isolation of decades. not do it if we isolate China. We cannot do not. The past 20 years have brought massive do it if we play into the hands of the I think it is much broader than this. social reform and economic advance- hardliners. We cannot do it if we create But I think there is an ultimate issue ment for China’s people. I remember the kind of adversarial relationship at stake. That is this: The People’s Re- the first time I traveled to China in that is determined to make China into public of China is today undergoing its 1979. I saw a land of subdued people, the next Soviet Union. I believe that most significant period of economic grey Mao suits, few consumer goods, no firmly, and 30 years of watching has and social activity since its founding 50 conveniences, poor living conditions confirmed it. years ago. The pace is fast and the and little personal, economic or polit- American firms exercise a very real changes are large. ical freedom. The economy was all cen- influence over the changes occurring in I am one who studies Chinese his- trally controlled; little private prop- Chinese society. That influence will tory. I have been watching China for erty and private business existed. not survive the elimination of PNTR. over 30 years. I made my first trip in Today, the goods, services, housing, American businesses in China bring 1979. I try to visit China every year, if and freedoms available to residents of American values to China. But, they I can, and I have watched and I have Chinese cities like Beijing, Shanghai, cannot bring them if their ability to seen. and Guangzhou are greatly improved. operate is undercut. History clearly In a relatively short time, China has People have become interested in what shows us a nation’s respect for political become a key Pacific rim player, and a happens outside of China. People will pluralism, human rights, labor rights, major world trader. It is a huge pro- speak more freely. Living standards and environmental protection grows ducer and consumer of goods and serv- are higher. China is increasing turning alongside that nation’s positive inter- ices—a magnet for investment and to private ownership—as much as 50 action with others and achieving a commerce. Because of its size and po- percent of the economy is in private level of sustainable economic develop- tential, the choices China makes over hands in boom areas like the Pearl ment and social well-being. the next few years will greatly influ- River Delta in Southern China. People who have a full stomach then ence the future of peace and prosperity Large, inefficient state enterprises begin to say: What is next? People who in Asia. are closing or being converted to pri- have an education then begin to ques- In a very real sense, the shaping of vate ownership. Entrepreneurship is on tion the leadership. That will happen Asia’s future begins with choices the rise in the cities in much of the in China just as it did in Taiwan, just America will make in how to deal with countryside. Cutting our bilateral eco- as it did in South Korea. Not too long China. nomic ties will accomplish nothing ex- ago, both were governed by dictator- I come from a Pacific rim State; 60 cept to turn back the clock in China to ships. Given a chance, China can percent of the people of the world live favor more government controls, seek change as well. on both sides of the Pacific Ocean. The to isolate this growing economy, and If we are serious about building a trade on that ocean long ago over took very likely strengthen repressive polit- peaceful, prosperous and stable Asia, if the trade on the Atlantic Ocean. It is, ical interests linked to protectionism we are serious about being a force for in fact, the ocean of the future. and economic nationalism within the good in the Pacific rim in the 21st cen- We can try to engage China and inte- PRC. tury, if we are serious about working grate it into the global community. We It is evident to me that flourishing to bring about democratic reforms, can be a catalyst for positive change. business relationships have developed human rights reforms, and labor re- Few objective observers would argue increased contacts, improved mutual forms in China, we also must establish that despite the problems that still re- understandings, and personal relation- permanent normal trade relations with main, there have not been significant ships between Americans and Chinese. China. This is part of the equation for benefits and advances in China that This, in turn, has fostered many posi- making China into a member of the have come from two decades of inter- tive changes, as different ways of WTO and the world community as a action with the United States and the thinking percolate through Chinese so- whole, and saying that China must, in West. Or, we can deal antagonistically ciety at many levels. It is there; I have return, play by the same rules all other with China. We can lose our leverage in seen it. American firms have brought members follow. It also exposes China guiding China along positive paths of new management styles, innovative to sanctions in the WTO should they economic, political, and social develop- ideas, and new work styles to China. not. As a WTO member, China commits ment, and sacrifice business advantage Through their presence in China’s to eliminate barriers to its markets; to to competitor nations while gaining economy, Americans have spread their accept WTO rulings concerning trade nothing in return. corporate philosophies, teaching Chi- practices and procedures; and to abide As I see it, for the foreseeable future nese entrepreneurs, managers, and by WTO decisions concerning trade dis- America faces no greater challenge workers about market economics, com- putes.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8454 CONGRESSIONAL RECORD — SENATE September 13, 2000 The November 15, 1999 U.S.-China necessary changes, to understand that The Clinton administration says it, WTO Agreement marked successful it, too, by open doors, more ties across too, is concerned about this behavior. completion of 13 years of difficult U.S.- the Pacific, more pluralistic govern- But it has failed—resoundingly failed— China negotiations. ment, more freedoms for its people to stop it. Our CIA tells us that these I, for one, am convinced that normal- evolves as a stronger nation, not a activities are on-going today. izing our trade relationship with China weaker nation. That was the case with So we need to do more, and this bi- is absolutely in our own best interest. Taiwan. That has been the case with partisan amendment makes a strong But it is absolutely in the best inter- South Korea. I submit to you, Mr. statement that either this prolifera- ests of seeing China becoming a plural- President, it is the case of virtually tion behavior stops or real and credible istic society, of developing the concern every country that lives under dicta- penalties will be imposed. for human rights that we in the West- torship or absolute rule. I say to my colleagues who, like me, ern World hold so dear, of under- Pluralism results from an evolution support granting PNTR for China: standing the freedoms provided to us and a growth in human standards, in Let’s not lose sight of the national se- because of our due process of law, of economic standards, in interaction curity issues at stake here. understanding how important it is that with the rest of the world. China will I, like Senator THOMPSON, would have a judiciary be independent from the be no different if we enable it to open preferred to consider this important politics of government, having a mod- itself to the world. We should be pru- legislation on another bill and not on ern commercial code and a modern dent, we should be watchful, we should H.R. 4444. In fact, I made every effort criminal code. None of these things be strong, we should confront them to see to it that the Thompson- China has today. where wrong—no question about that. I Torricelli legislation could be consid- As has often been said, it has to be believe we have the adequate tools to ered either as a free-standing measure remembered that China, for 5,000 years, do it. or as an amendment to some other has been ruled by despotic emperors I have seen sanctions placed since I piece of legislation. and for 50 years by revolutionary lead- have been in this body, and I do not be- However, my efforts to have the ers who had no education. This is real- lieve the amendment before this body Thompson-Torricelli amendment con- ly, in over 5,000 years, the first time will encourage the kind of behavior sidered separate from the China PNTR this largest nation on Earth has had an that can enable China to eventually be legislation was blocked. educated leadership who is now, today, a stable, sound partner anywhere in Therefore, we now are faced with a striving to open the door to the West- the Pacific or elsewhere. I feel very vote on the Thompson-Torricelli ern World. strongly about this. I thank the Chair amendment on H.R. 4444. Given this Remember the Boxer Rebellion? Re- for his forbearance. I yield the floor. situation, I will support the amend- member what happened? Remember the Mr. LOTT. Mr. President, I support ment and oppose the motion to table. humiliation, the isolation of China, and will vote for granting permanent Mrs. BOXER. Mr. President, I share and look what happened. We now have normal trade relations status to the Senator THOMPSON’s and Senator a chance in this legislation to take a People’s Republic of China . TORRICELLI’s concerns about weapons different course. Most importantly— I will do so because the agreement proliferation, and I appreciate their and this is what has amazed me so negotiated between the United States bringing this important matter up for much about this debate—PNTR is and China will help level the playing debate in a non-partisan fashion. How- nothing special. It simply means we field for a wide range of American com- ever, I believe that the amendment will conduct our trade with China in panies who seek to do business in they have offered to H.R. 4444, legisla- the same manner and under the same China. tion that will grant permanent normal rules that we conduct trade with al- I also support the bipartisan amend- trade relations to the People’s Repub- most every other nation in the world. ment offered by Senators FRED THOMP- lic of China, does not address the issue In fact, there are only six countries SON and ROBERT TORRICELLI to require in the most positive way. with which we do not have normal certain reports and to impose sanctions My first concern with the China Non- trade relations—Afghanistan, Cuba, on entities identified by the President proliferation Act is with the name Laos, North Korea, Serbia-Montenegro, for their sale or transfer of dangerous itself. The original legislation proposed and Vietnam. All of them are small na- technology to rogue regimes. by the sponsors of this amendment spe- tions. We cannot stand idly by while China cifically singled out China. But, the In my view, the damage of denying continues to proliferate nuclear weap- current amendment adds North Korea China permanent normal trade rela- on and missile technology to unstable and Russia as nations that are named tions would strike even deeper. Puni- regions. as covered countries under this pro- tive U.S. economic policies aimed at There are numerous reports that this posal. I believe it is correct to expand unpalatable Chinese domestic practices pattern of dangerous behavior by Bei- the list of initial countries beyond will not only cut into American jobs, it jing is continuing. For example, the China, but I still feel that on the issue will slice at China’s newly emerging CIA Director George Tenet recently of proliferation, every country should market-oriented entrepreneurial class, issued a report to Congress on recent be treated with a uniform standard. the driving force behind the very developments in proliferation. The second concern is that this changes we seek to cultivate without That report asserts that China has amendment attempts to curtail the eliminating the targeted abuses in Chi- increased its missile-related assistance spread of weapons with a unilateral nese society. What kind of sense does to Pakistan and continues to provide rather than a multilateral solution. It that make? missile-related assistance to Iran, is clear to me that this issue is suffi- Responsible American voices in busi- North Korea, and Libya. ciently complex to demand the co- ness, in education, in law, and in reli- These are governments which our operation of the international commu- gion understand that attacking China own State Department has labeled as nity in stopping the proliferation of through economic ties is counter- state sponsors of terrorism. weapons. While this amendment singles productive. It endangers the very so- Who are the ultimate targets for out North Korea, Russia, and China as cial elements within China that are these missiles and nuclear and chem- covered countries, it also opens the most compatible with ethical Amer- ical weapons in the hands of terrorist door to possible sanctions on our clos- ican norms. states? It is the American people, our est allies. This is because of the re- Trade relations do not only benefit friends and allies, and our military quirement that countries listed in the business. They are a key part of the forces deployed in hot-spots such as the annual section 721 report that is man- foundation that supports the entire Persian Gulf. dated under the fiscal year 1997 Intel- U.S.-China relationship. I believe that Let me state it differently: When ligence Authorization Act be covered not only do we shoot ourselves in the China proliferates dangerous tech- by this amendment. This report singles foot by denying PNTR, we strike a nology to dangerous states, it directly out those nations that are a source of blow against encouraging China to see and very negatively affects our na- dual-use technology which, in recent that it is to its interest to make the tional security. years, has included such countries as

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8455 Germany, Italy, and the United King- I should say at the outset that I in- When deterrence and dissuasion fail, dom. I do not believe that sanctioning tend to support PNTR because I believe timely intelligence also will support ef- our closest allies—those that tradition- that, on balance, taking this step will forts to counter the proliferation and ally support our interests—will further further U.S. national interests. use of missiles and weapons of mass de- our non-proliferation goals. Further- But China remains, in the words of struction. more, using unilateral sanctions rather the Director of Central Intelligence, a What is especially frustrating for me, than working with our allies to develop ‘‘key supplier’’ of sensitive tech- as chairman of the Intelligence Com- multilateral strategies is not the most nologies to Iran, Pakistan and other mittee, is that while the Intelligence effective means of curtailing prolifera- countries. Community is doing its job, gathering tion. I remind my colleagues that the In- intelligence at great expense and risk Another concern with the amend- telligence Committee has prepared and about who is selling and who is buying ment is that the sanctions would deny made available to Members a summary technologies of mass destruction, this all state-owned enterprises of a covered and compendium of recent intelligence intelligence is ignored by policy- country access to U.S. capital markets. reporting on PRC proliferation. It re- makers. This was one reason why Alan Green- mains available for your review. Policy makers have frequently cir- span publicly spoke out against this I understand that only a handful of cumvented our sanctions laws by amendment at a hearing of the Senate Senators have availed themselves of avoiding reaching a determination that Banking Committee. He stated that this opportunity. I urge each of you to could trigger sanctions. They have en- ‘‘. . . to the extent that we block for- review this very disturbing and reveal- sured that the bureaucratic process for eigners from investing or raising funds ing material. Without having done so, reaching a determination that would lead to sanctions is never started, or in the United States, we probably un- you will be voting on this amendment completed, or impossible standards of dercut the viability of our own sys- ignorant of the facts as we know them. evidence are set, so that a judgment tem.’’ Whether you choose to vote for or never has to be reached. Finally, I am concerned that this against this amendment, you must not amendment will not provide the nec- A case in point is the notorious M–11 do so without a full appreciation of the missile. After years of closed door de- essary flexibility for the executive and facts. legislative branch to conduct policy on liberations on this issue, in September Suffice it to say that China has not of last year, for the first time, the In- proliferation issues. The amendment improved its poor proliferation record. gives the President only 30 days from telligence Community stated publicly In light of the poor Chinese prolifera- its longstanding conclusion that the time he issues a report to Congress tion record, I believe that risks associ- on proliferation to impose five unilat- ‘‘Pakistan has M–11 SRBMs [Short ated with approving PNTR are man- Range Ballistic Missiles] from China. eral mandatory sanctions. After the aged better if the Thompson-Torricelli President makes this determination, . . .’’ amendment is enacted with our new Lest anyone miss the significance of the amendment allows for as few as 20 trade relationship with China. Senators to initiate a reversal of the these Chinese missiles now in the Since the sponsors and other Sen- hands of Pakistan, or their contribu- President’s decision. It would take ators are addressing the threat to our only 20 Senators to ensure that a reso- tion to instability in South Asia, the national security posed by Chinese pro- community assessed further that these lution of disapproval be referred to the liferation, I will focus primarily on Committee on Foreign Relations. The missiles may have a nuclear role. some of those aspects of the problem of Sales of M–11 technology have twice committee would then only have 15 cal- greatest concern to the Intelligence triggered sanctions against the PRC endar days to consider such a resolu- Committee. under the Arms Export Control Act and tion. If the resolution is not reported Tracking the proliferation of weap- Export Administration Act. The sale of in that timeframe, it would be sent to ons of mass destruction has been M–11 missiles should, under current the floor with debate limited to 10 among the Intelligence Committee’s law, have triggered additional, even hours and a vote required within 15 very highest budgetary priorities. stricter, sanctions. days. Given the inadequate evidentiary This is because proliferation is one of But despite the clear, and public, standard of ‘‘credible information’’ our most daunting and resource-inten- conclusion of the Intelligence Commu- that is provided for in this amendment, sive intelligence challenges. The mate- nity, the State Department has sug- this expedited procedure is a recipe for rials and technology to build nuclear, gested that the Intelligence Commu- bad policy. nity’s finding that the M–11 missiles I do look forward to discussing this biological, and chemical weapons and the missiles to deliver them are not were sold by the PRC to Pakistan did matter further both here on the Senate not meet its ‘‘high standard of evi- floor and within the Senate Foreign shipped in the open. They are smuggled across borders and shipped under false dence.’’ Relations Committee. This complex Failure to follow through on the issue requires further review and de- documents. Vital technical support to a coun- facts, however unpleasant the facts bate separate from the current busi- may be, undercuts the credibility of ness of granting permanent normal try’s missile or nuclear program may fit on a single computer disk or take our entire nonproliferation policy. trade relations to the People’s Repub- I am hopeful that the Thompson- the form of clandestine visits by tech- lic of China. Torricelli amendment will force a more nical experts. Mr. SHELBY. Mr. President, I rise to robust response to the intelligence col- The materials used in making weap- express my support for the Thompson- lected on proliferation. Under this ons of mass destruction and their Torricelli amendment, or the ‘‘China amendment, policy makers will be means of delivery are often dual use, Nonproliferation Act.’’ forced—on an annual basis—to collect I do so as a Senator who has long meaning that they may also be used for the evidence of proliferation and pro- been concerned about the threat posed peaceful purposes. vide a report to Congress. by China’s reckless proliferation of nu- Our intelligence analysts must com- This report will be more comprehen- clear, missile and other technologies, pile all the facts to determine the like- sive and focused than those we have re- and as chairman of the Intelligence ly use of these materials. This really is ceived to date. Committee, with responsibility for our rocket science, and nuclear science, The report must identify persons intelligence efforts against this critical and biological and chemical science. from China, Russia, North Korea and national security threat. Tracking proliferation is not only other states when there is credible evi- While this amendment applies to difficult, it is a critical mission. Time- dence that this person has contributed other countries, including Russia and ly intelligence provides us with the in- to the design, development, production, North Korea, we are considering it in formation we need to support our ef- or acquisition of nuclear, chemical, or the context of Permanent Normal forts to deter or dissuade countries, biological weapons or ballistic mis- Trade Relations for the People’s Re- like the People’s Republic of China and siles. public of China, or PNTR. Therefore, Russia, from selling nuclear, chemical, The report also will identify any per- my remarks will, for the most part, biological or missile technologies to son of a covered country that is en- focus on that country. rogue states or regions of instability. gaged in activities prohibited under the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8456 CONGRESSIONAL RECORD — SENATE September 13, 2000 relevant treaties and agreements re- assistance in the form of grants, loans, The facts are that China has provided garding the possession and transfer of or credits? nuclear, biological, and chemical weap- chemical, biological, and nuclear weap- Would our citizens want to continue ons technology, along with ballistic ons. co-development or co-production of and cruise missiles to ‘‘States of Con- The President is directed in the items on our munitions list with that cern’’—previously referred to as China Nonproliferation Act to report individual? ‘‘Rogue Nations’’—including Iran, information on noncompliance with Of course not. Of course not. Pakistan, Iraq, Libya, Syria, North international arms control and pro- I hope we can agree that the United Korea, and Algeria. Congress should liferation agreements by the covered States should neither reward nor con- not stand idly by as China continues countries. tribute to proliferation of the weapons these practices. Passage of the China Finally, the report must include an that threaten our own Nation. Non-Proliferation amendment is a pru- assessment of the threats to our na- Without question, the imposition of dent step in the right direction to ad- tional security, and that of our allies, sanctions against another nation or dress this problem. The amendment is resulting from proliferation—whether foreign companies is always a serious both a reasonable and measured re- or not this proliferation can be deter- matter. sponse to the serious situation that The imposition of sanctions has sig- mined to meet the legal or evidentiary this Administration has allowed to nificant foreign and economic policy standards the State Department as- continue. consequences for the United States and serts to avoid reaching sanctions While I prefer to see this bill, the should not be undertaken lightly. China Non-proliferation Act, passed as judgements. Because sanctions can be costly for This will go a long way towards com- a separate measure and not as an our own American industries, we must amendment to the China-Permanent pelling the State Department to ac- be sure there is a clear national secu- knowledge serious instances of nuclear Normal Trade Relations, PNTR, bill, it rity interest that will be advanced by is now clear that the critical and time- and other proliferation. the sanctions. Furthermore, the Director of Central ly nature of this issue, combined with Curbing proliferation meets this test. the counterproductive actions of those Intelligence is required to reach a de- The President has declared the pro- trying to prevent its consideration, termination regarding what transfer or liferation of weapons of mass destruc- have left us in the position of having to sale of goods, services, or technology tion to be a ‘‘national emergency,’’ and vote on this today. I reject the notion have a ‘‘significant potential to make a I think most of us agree with that dec- that a vote on this amendment is a contribution to the development, im- laration. vote against granting PNTR to China. provement, or production of nuclear, I support the Thompson-Torricelli This is simply not the case. The biological, or chemical weapons or of amendment because it takes a bal- Thompson amendment will not kill ballistic or cruise missile systems.’’ anced, measured approach to the prob- PNTR or even place conditions on Again, mandating this report will lem of sanctioning Chinese prolifera- granting PNTR for China. This amend- allow us to avoid the unpleasant situa- tion activities, and similar activities of ment will simply stem the flow of un- tion we have been in for years in which other countries. authorized information on nuclear, bio- the President has been able to avoid In particular, it creates a process to logical, and chemical weapons tech- reaching necessary judgements about ensure that the U.S. response to future nology by creating real consequences proliferation activities and their con- activities of proliferation is never for proliferating countries. I believe sequences. again the inaction, indifference, and that these consequences, coupled with This report will contribute signifi- self-deception that characterizes the strong leadership by the Executive cantly to the ability of the U.S. Con- current process. Branch, can dramatically slow pro- gress to conduct oversight and to make I believe this bill will bring us closer liferation. informed judgements on matters of na- to a situation in which the PRC and Senator THOMPSON’s amendment ad- tional security. other supplier nations clearly under- dresses proliferation concerns by re- The information detailed in the re- stand—for the first time—that there quiring the President to submit a re- port should better enable us to judge will be serious consequences when they port to Congress identifying every per- the appropriateness and, over time, the engage in proliferation of weapons of son, company, or governmental entity effectiveness of the sanctions provided mass destruction that threaten the of the major proliferating nations— for in this amendment. United States, its allies, and friends. China, Russia, and North Korea are Some have complained that this bill Mr. President, I again urge my col- currently on this list—against which forces the President to impose sanc- leagues to review the available intel- credible evidence exists that the entity tions. This is not the case. ligence. The facts speak for them- contributed to the design, develop- The amendment provides adequate selves, and they speak very loudly in- ment, production, or acquisition of nu- flexibility to the President since he deed. clear, chemical, or biological weapons can waive the sanctions. I urge adoption of the Thompson- or ballistic or cruise missiles by a for- However, he must specify his reasons Torricelli amendment and yield the eign person. Based on this report, the for doing so, and Congress may dis- floor. President would then be required to agree through procedures set out in the Mr. ASHCROFT. Mr. President, as impose specific measures against for- bill. This legislation will make Presi- this body discusses the China Non-pro- eign companies in these countries who dential decision-making more trans- liferation amendment, I would like to have been identified as proliferators. parent and will ensure that the Presi- comment briefly on Chinese actions For example, under this amendment if dent’s decisions are based on the best that have not only damaged the na- a Chinese company provided nuclear intelligence available. tional security of the United States, technology to Iran, the United States Mr. President, would our citizens but are antithetical to the peace and would deny all pending licenses and want to continue to sell items on the stability of the entire world—weapons suspend all existing licenses for the United States Munitions List to an in- of mass destruction and missile pro- sale of military items and military-ci- dividual that has ‘‘contributed to the liferation. I am dismayed that the gov- vilian dual-use items and technology as design, development, production, or ac- ernment of the People’s Republic of controlled under the Commerce Con- quisition of nuclear, chemical, or bio- China has consistently brutalized its trol List to that company. Addition- logical weapons or ballistic or cruise own population, intimidated its neigh- ally, the President would be required missiles’’ for a third party or state. bors, and provided the world’s most to impose an across-the-board prohibi- Would our citizens want to continue dangerous technology to ‘‘States of tion on any U.S. government purchases to license dual-use items that could Concern’’—in direct violation of inter- of goods or services from, and U.S. gov- contribute to this individual’s pro- national agreements, domestic law, ernment assistance, including grants, liferation of weapons of mass destruc- and fundamental international stand- loans, credits, or guarantees, to this tion? ards of behavior. It is time for the Sen- company. Would our citizens want to continue ate to speak in a clear, definitive voice In addition to the mandatory sanc- to provide that individual Government against China’s actions. tions imposed on proliferating foreign

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8457 companies, the amendment would also lead the charge to stop such prolifera- the International Atomic Energy Agen- authorize the President to impose dis- tion. Passage of the Thompson amend- cy, IAEA. The IAEA ensures that nu- cretionary measures against the key ment will accomplish that goal. clear facilities are not producing nu- supplier countries. Foreign companies A firm stand against proliferation is clear weapons grade material. do not act alone in the proliferation of desperately needed. Chinese prolifera- China has also provided Pakistan weapons; it is quite clear that China, tion, along with that of Russia and with complete nuclear-capable missile Russia, and North Korea all actively North Korea, is continuing unabated to and missile components. The most support proliferation activities, and the detriment of America’s national se- widely reported missile transfers are therefore must be held accountable for curity. It is well documented that the M–11 missile, also called the CSS–7 their actions. This amendment recog- China has provided sensitive tech- or Ababeel. This nuclear capable mis- nizes this truth and would empower the nology to at least seven States of Con- sile, designed and produced in China, President to apply discretionary meas- cern, including Pakistan, Iran, Iraq, has a 300-kilometer range—placing ures against them as well, such as: Syria, North Korea, and Algeria. Most many highly populated Indian cities at Suspension of all military-to-mili- of these states have explicitly threat- risk. Although it is unclear how many tary contacts and exchanges between ened the security of the United States M–11s Pakistan currently possesses, it the covered country and the United and actively sponsored terrorism. The appears that China has been providing States; remaining countries are in regions these missiles for almost a decade. Suspension of all United States as- where war is commonplace and the Pakistan’s nuclear-capable Medium sistance to the covered country by the consequences for the use of WMD would Range Ballistic Missiles, (MRBM), United States Government; be especially devastating. Of these pro- named Ghauri and Shaheen, were de- Prohibition on the transfer or sale or liferation cases, the two most horren- veloped as a result of extensive Chinese after-sale servicing, including the pro- dous cases are Pakistan and Iran. technology and assistance. The Ghauri vision of replacement parts, to the cov- Pakistan is a nation of tremendous has a quoted range of 1500 km, but dur- ered country or any national of the unrest and instability, and China has ing the actual flight test, the Ghauri covered country of any item on the provided it with extensive nuclear and flew only 600 km. Even at this shorted United States Munitions List, which missile technology. Born in conflict, range, some of India’s largest cities, in- includes all military items, and sus- Pakistan was created with India out of cluding New Delhi and Bombay, would pension of any agreement with the cov- one people and one territory, and con- be at risk. The Shaheen, although not ered country or any national of the flict has defined this nation through- flight tested, is reported to have a covered country for the co-develop- out its history. Pakistan fought three range of 700 km, making its strike dis- ment or co-production of any item on wars and numerous border skirmishes tance comparable to the Ghauri. the United States Munitions List. against India, its principal adversary. What is especially disturbing is that Suspension of all scientific, aca- These battles have been mostly fought this is just the beginning of the Chi- demic, and technical exchanges be- over the hotly contested Kashmir re- nese proliferation record regarding tween the covered country and the gion bordering northeast Pakistan. The Pakistan. These transfers have allowed United States; Kashmir conflict is widely accepted by Pakistan to amass an incredibly capa- Prohibition on the transfer or sale to International Affairs and Defense ex- ble and frightening nuclear and missile the covered country or any national of perts as one of the most likely con- force. These transfers are in direct vio- the covered country of any item on the flicts to erupt into a nuclear war. lation of international and domestic Commerce Control List, which includes China, to a great extent, has not only law. It is apparent that China and Chi- military-civilian dual-use items, that fostered the conflict through political nese businesses have violated the Mis- is controlled for national security pur- posturing and land-grabbing, but it has sile Technology Control Regime, the poses and prohibition of after-sale serv- also provided the nuclear weapons that Arms Export Control Act, the Export icing, including the provision of re- would be used in such a war. China con- Administration Act, the Non-Prolifera- placement parts for such items; tinues to provide critical nuclear and tion Treaty, the Export-Import Bank Denial of access to capital markets missile related technology to Pakistan, Act, and the Nuclear Proliferation Pre- of the United States by any company thereby further escalating the arms vention Act. owned or controlled by nationals of the race and underlying conflict. With all these violations of inter- covered country; In May 1998, India and Pakistan test- national and domestic law, one must Prohibition on the transfer or sale to ed a total of eleven nuclear devices. ask the question, ‘‘What has the Clin- the covered country or any national of This ushered Pakistan into—and rees- ton Administration done to stem the the covered country of any item on the tablished India as part of—the world’s flow of nuclear and missile tech- Commerce Control List and prohibition most exclusive club of nuclear weapon nology?’’ The answer is sadly, ‘‘very of after-sale servicing, including the states. Although India’s nuclear pro- little.’’ The Clinton Administration provision of replacement parts for such gram was created from mostly indige- imposed only mild sanctions on China items. nous sources, Pakistan’s nuclear pro- for providing the M–11 technology. Due to the highly sensitive national gram was purchased from the People’s However, these sanctions were quickly security issues involved in cases of pro- Republic of China. A recently declas- lifted when China ‘‘agreed’’ not to con- liferation, any of the sanctions can be sified Central Intelligence Agency re- tinue providing missile technology to waived by the President if he deter- port states that during the early 1980’s, Pakistan. Despite this ‘‘agreement,’’ mines: (1) that the person did not en- China provided Pakistan blueprints of China has not stopped the provision of gage in the proliferation activities; (2) a full Chinese nuclear design that was missile and nuclear technology. that the supplier country was taking tested in 1966. It appears it took Paki- I am troubled that the President appropriate actions to penalize entities stan almost 20 years to test a weapon seems to have accepted Chinese prom- for acts of proliferation and to deter fu- because they had difficulty translating ises and reassurances without thor- ture proliferation; or (3) that such a the blueprints from Chinese. oughly examining the facts. For exam- waiver was important to the national Since the 1980’s, China has consist- ple, a July 1997, CIA report concluded security of the United States. ently provided Pakistan additional nu- that ‘‘China was the single most impor- I believe that these measures, affect- clear components and missiles. China tant supplier of equipment and tech- ing both the proliferating company and has operated the Pakistani Cowhide nology for weapons of mass destruc- country, if applied consistently and Uranium-enrichment plant (needed for tion’’ worldwide, and that China con- fairly by the President, can and will nuclear weapons production), provided tinues to be Pakistan’s ‘‘primary stem the serious problem of weapons designs for additional bombs and reac- source of nuclear-related equipment proliferation. China, along with Russia tors, sold weapons grade uranium, sold and technology. . .’’ The Chinese For- and North Korea, must understand that 5,000 ring magnets for a nonsafeguarded eign Ministry spokesman Cui Tiankai, there are real consequences for con- nuclear enrichment program, and con- responded characteristically to these tinuing this reckless behavior, and the tinues to provide assistance to nuclear charges by stating that ‘‘China’s posi- United States must take a stand and facilities that are not safeguarded by tion on nuclear proliferation is very

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8458 CONGRESSIONAL RECORD — SENATE September 13, 2000 clear . . . It does not advocate, encour- technology to Iran seems unbelievable, hundreds of missile guidance systems age, or engage in nuclear proliferation, but it is a sad reality. and computerized machine tools. This nor does it assist other countries in de- According to a 1999 CIA report, ‘‘Iran is just the beginning of Chinese pro- veloping nuclear weapons. It always remains one of the most active coun- liferation to Iran. undertakes its international legal obli- tries seeking to acquire Weapons of The sad fact is that Iran would not gations of preventing nuclear prolifera- Mass Destruction, WMD, and Advanced have these capabilities without Chi- tion . . . China has always been cau- Conventional Weapons, ACW, tech- nese assistance and American inaction. tious and responsible in handling its nology from abroad. In doing so, Although these transfers violate al- nuclear exports and exports of mate- Tehran is attempting to develop an in- most every non-proliferation law on rials and facilities that might lead to digenous capability to produce various the books, the Clinton Administration nuclear proliferation.’’ The Clinton Ad- types of weapons—nuclear, chemical, has only taken small and random acts ministration was apparently reading and biological—and their delivery sys- against selected Chinese companies. from the Chinese script when Peter tems.’’ Iran is obtaining much of this These meaningless acts have done Tarnoff, Under Secretary of State, said technology from China and Russia. nothing to stem the proliferation, and during a Congressional hearing that, The CIA report continues, ‘‘for the without stronger laws, Chinese pro- ‘‘ . . . we (the United States) have ab- second half of 1999, entities in Russia, liferation will continue. solutely binding assurances from the North Korea, and China continued to It is time for the United States to re- Chinese, which we consider a commit- supply the largest amount of ballistic spond with authority to the continued ment on their part not to export ring missile-related goods, technology, and threat of weapons proliferation. Al- magnets or any other technologies to expertise to Iran. Tehran is using this though we need a President who is will- unsafeguarded facilities . . . The nego- assistance to support current produc- ing to lead, we also need more effective tiating record is made up primarily of tion programs and to achieve its goal laws mandating the President to im- conversations, which were detailed and of becoming self-sufficient in the pro- pose sanctions on foreign companies recorded, between US and Chinese offi- duction of ballistic missiles. Iran al- when they engage in proliferation, and cials.’’ With the overwhelming evi- ready is producing Scud short-range authorizing him to take actions dence, it is mystifying that the Chinese ballistic missiles, SRBMs, and has against nations violating international spokesman could make such state- built and publicly displayed prototypes law. This is what the China Non-Pro- ments with a straight face, and it is ex- for the Shahab–3 medium-range bal- liferation Act will do, and I support tremely disappointing that the Admin- listic missile, MRBM, which had its passage of this amendment. istration apparently took China at its initial flight test in July 1998. In addi- The PRESIDING OFFICER. Who word. tion, Iran’s Defense Minister last year seeks recognition? The Senator from More than one and half billion people publicly acknowledged the develop- Delaware. live in South Asia. I believe that Paki- ment of the Shahab–4, originally call- Mr. ROTH. Mr. President, I ask unan- stan would not be in the position to ing it a more capable ballistic missile imous consent that the following Sen- start a nuclear war without Chinese as- than the Shahab–3, but later catego- ators be permitted to speak for up to sistance. Although we cannot reverse rizing it as solely a space launch vehi- the designated times in the following proliferation in Pakistan, we can, and cle with no military applications. order: Senator KYL, 5 minutes; Senator should, take a stand to stop further Iran’s Defense Minister also has pub- BIDEN, 10 minutes; Senator TORRICELLI, transfers to Pakistan and other coun- licly mentioned plans for a ‘‘Shahab 5.’’ 10 minutes; Senator HUTCHISON, 10 min- tries through passage of the China Such statements, made against the utes; Senator GRAMM, 10 minutes; Sen- Non-Proliferation Act. Without taking backdrop of sustained cooperation with ator THOMPSON, 10 minutes; Senator a stand here, what will stop China from Russian, North Korean, and Chinese ROTH, 5 minutes. I further ask consent providing nuclear and missile tech- entities, strongly suggest that Tehran that the vote occur no later than 1:45 nology to Palestine, or Sudan, or the intends to develop a longer-range bal- p.m. this afternoon. renowned terrorist Osama Bin Ladan? listic missile capability in the near fu- The PRESIDING OFFICER. Without The United States must take the lead, ture.’’ These longer ranged missiles objection, it is so ordered. The Senator as the world’s only Superpower, and would be capable of striking targets in from Arizona. stand against nuclear proliferation, Europe and perhaps in the United Mr. KYL. Mr. President, I appreciate which damages the security of the en- States. the remarks of the Senator from Cali- tire nation. China is ‘‘a key supplier’’ of nuclear fornia. To return the debate to the Not only has China provided nuclear technology to Iran, with over $60 mil- Thompson amendment, the question and missile technology to the dan- lion annually in sales and at least four- before us immediately is not whether gerous and unstable region of South teen Chinese nuclear experts working PNTR should be granted but whether Asia, China has provided sensitive at Iranian nuclear facilities. In 1991, the Thompson amendment dealing with technology to Iran. Iran has been iden- China supplied Iran with a research re- national security issues should be sup- tified by U.S. government agencies, or- actor capable of producing plutonium ported. PNTR is going to pass this body ganizations, and entities, along with and a calutron, a technology that can early next week. The question is independent national security experts, be used to enrich uranium to weapons- whether at about 1:45 p.m. or so this as one of the major threats to US secu- grade. (Calutrons enriched the uranium body will table the Thompson amend- rity. Iran’s threat stems from several in the ‘‘Little Boy’’ bomb that de- ment. significant factors including its large stroyed Hiroshima, and were at the The Thompson amendment would set population and armed forces; its geo- center of Saddam Hussein’s effort to up a regime that would help stop the strategic and political location in the develop an Iraqi nuclear bomb.) In 1994, proliferation of weapons of mass de- Middle East—along the straits of China supplied a complete nuclear fu- struction by China. In the past, each Hormuz and the Caspian Sea; an Is- sion research reactor facility to Iran, year we have been able to review the lamic fundamentalist government; a and provided technical assistance in Chinese trade, national security, and drive to obtain weapons of mass de- making it operational. China also con- even human rights issues, and because struction along with their associated tinues to work with two Iranian nu- we had an annual review, we were able delivery vehicles; stated opposition to clear projects, a so-called ‘‘research re- to deal with those issues in this body, the United States and United States’ actor’’ and a zirconium production fa- as well as from a diplomatic point of national interests; opposition to the cility. It is well documented that China view the administration’s dealings Israeli-Palestinian Peace Process; the has provided Iran ‘‘considerable’’ chem- with China. de-stabilization of Lebanon—Israel’s ical and biological weapon-related pro- PNTR will remove that annual re- northern neighbor; and the use and duction equipment and technology. view, the requirement that we affirma- sponsorship of terrorism in its own China has also provided sensitive bal- tively act each year. It will allow country and around the world. Due to listic missile technology for Iran’s China then to join the WTO, and that is these facts, the idea of providing nu- growing missile capability. Among fine as a matter of trade. But we have clear, biological, chemical, and missile other transfers, in 1994, China provided to have some parallel way of ensuring

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8459 from a national security standpoint Thompson amendment would destroy cess to American capital markets. that China stops the proliferation of PNTR. Remember, too, that it is the That is the only issue before the Sen- weapons of mass destruction. opponents of the Thompson amend- ate. The Thompson amendment sets up a ment who forced Senator THOMPSON I recognize that we come to this in- process whereby the Chinese actions into using this vehicle of amending stitution with a variety of local inter- are reviewed and the President can im- PNTR as the only way to achieve his ests. Some of us represent agriculture pose sanctions, if it is appropriate, but goal of establishing a nonproliferation and some industry; some labor and if he does not impose sanctions in regime with respect to China. He of- some business; some in the West, some those circumstances—he does have a fered to do it in freestanding legisla- in the North; some in the South; some waiver authority—he is required to re- tion. He was rebuffed. He offered to do in the East; some rural; some subur- port to Congress why not. There is it after the debate. He was rebuffed. In ban. We have one unifying common in- nothing unreasonable about this par- effect, they knew they had the best terest—the national security of the ticular proposition. chance of defeating him if they could United States. Wherever we are from, Yesterday I talked at length about force him to offer an amendment to whatever our priorities, whatever our the reasons for it. I will mention two: PNTR because then they could argue philosophy, that single guiding respon- The proliferation of M–11 missiles by they were all for it in substance, but sibility unites us all. China to Pakistan, for example, which they did not dare let it pass as a proce- I recognize there are economic inter- has not resulted in appropriate sanc- dural matter because the House then ests in the country that are on dif- tions by the United States and, more would have to deal again with PNTR. ferent sides of the issue of PNTR. But recently, the transfer of sea-based I think this is the most cynical of on this single issue, the proliferation of cruise missiles to Iran. strategies. I wish the issue had not dangerous weapons of mass destruction We remember what happened to the come up in this way. I urge my col- that are a threat to the life and the se- Stark, the U.S. destroyer in the Persian leagues at the appropriate time, in curity of the United States of America, Gulf, when several Americans lost about 45 minutes, not to table the we can find common ground. Indeed, as enthusiastic as any indi- their lives as a result of a sea-based Thompson amendment. Give Senator vidual farmer in America may be to get cruise missile. The question here is THOMPSON an up-or-down vote on his access to Chinese markets, notwith- particularly interesting because the amendment. It is the fair thing to do. standing the fact that this amendment Senate voted 96–0 that the Chinese ac- It is the right thing to do and, from the does not deal with agricultural exports, tions in supplying these cruise missiles standpoint of the responsibilities of all I would challenge any Member of this to Iran was a violation of the Gore- of us in this Chamber as Senators who Senate to find an individual American McCain Iran-Iraq Nonproliferation Act. have responsibility both for trade and farmer who, even if this amendment In other words, China is not supposed for national security, the Thompson did threaten agricultural exports, to send this kind of weapon to coun- amendment is the right thing to sup- tries such as Iran. The Senate has been would trade a single sale for the United port. States not being resolved in denying on record unanimously that it was a Thank you, Mr. President. Chinese companies the ability to ex- violation of the act. The administra- Mr. TORRICELLI addressed the port missile or nuclear or biological tion has done nothing to impose sanc- Chair. technology that threatens the Amer- tions or otherwise act to stop China The PRESIDING OFFICER. The Sen- ican people. from that kind of proliferation. That is ator from New Jersey. Find me a single high-tech executive, Mr. TORRICELLI. Under the pre- why the Thompson amendment is nec- given the choice between an individual vious order, Senator BIDEN was to be essary. contract and the ability to restrict a Trade, in other words, cannot be the recognized at this point. I ask unani- single Chinese company from selling only thing that defines the relationship mous consent that I be allowed to pro- technology that threatens the United between the United States and China. ceed under his time and that, in turn, States of America, find me one who The Senate has to balance other things he proceed following the conclusion of would not take a stand for this amend- than trade, including our national se- my remarks. ment. curity obligations. The PRESIDING OFFICER. Is there Individual interests, I understand It has been said that we cannot sup- objection? them. port the Thompson amendment, not be- Without objection, it is so ordered. My friend and coauthor of this cause it is not a good idea but because Mr. TORRICELLI. Mr. President, I amendment, Senator THOMPSON, stood if there is any change to this bill in the think it is important to remind the on the floor reciting comments by the Senate, if it goes back to the House of Senate of the issue before the body. It president of the U.S. Chamber of Com- Representatives, they will not pass it. has been argued that China should be merce, who threatened retribution One of two things is true: Either there allowed into the World Trade Organiza- against Senators who support Thomp- is support for PNTR and the House of tion. That is not a question of this son-Torricelli and cited the ‘‘politics of Representatives will quickly act on the amendment. China is coming into the nuclear proliferation.’’ Thompson amendment, and, in fact, if World Trade Organization under PNTR. What have we come to as an institu- the two are joined and sent to the It has been argued that there should tion? The ‘‘politics of nuclear prolifera- House, as I was advised yesterday, sup- not be an interference in trade between tion’’? I thought the issue of non- port would fall off in the House to the China and the United States; it was ar- proliferation knew no politics, was sup- point where there are 40 people over gued strenuously by my friend and col- ported by Democrats, Republicans, lib- there who no longer support PNTR and league from California. That is not be- erals and conservatives. We can all dif- would not vote for the bill. fore the Senate under this amendment. fer on some of the strategies of defend- Obviously, it would be an anti-demo- It has been argued that the internal ing the United States. We may differ cratic action for us to proceed with politics of China should not interfere on the question of a missile shield de- something that no longer enjoys a ma- with trade. That is not before the Sen- fense. We may differ on how we allo- jority support in the House of Rep- ate. The Senate has defeated the meas- cate our national defense resources. resentatives. I cannot believe that ures on internal matters in China. It is But I thought the question of prolifera- many people would switch their vote going to support WTO and the PNTR. tion was the one uniting aspect of our on PNTR. They still, of course, can The issue before the Senate is narrowly foreign policy that knew no bounds— vote against the Thompson amendment defined. we are all united in the question that if we send it over to them. Under Thompson-Torricelli, there is there are some governments that are The fact is, we have 5 weeks to go. a single issue before this body: Whether so irresponsible, some nations that live The House of Representatives has plen- repeated acts of violations of non- so far out of the norms of accepted be- ty of time to deal with this issue. They proliferation agreements by Chinese havior, that they must be denied these are committed to PNTR, as I know the companies will give the President the weapons. leadership of the Senate is. I cannot be- authority, which he will have the right The evidence is unmistakable that lieve amending the bill with the to waive, to interfere with Chinese ac- the People’s Republic of China, despite

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8460 CONGRESSIONAL RECORD — SENATE September 13, 2000 20 years of commitments to accede to sanctions are ever justifiable or ever him for his concern, which I know is this policy of denying these rogue na- successful, particularly members of my sincere. tions these technologies, continues to party? Second, I agree with the Senator’s export this dangerous technology. The The birth of economic sanctions was assertion that the People’s Republic of evidence is overwhelming. from Woodrow Wilson, former Gov- China has a poor proliferation track The Director of Central Intelligence ernor of my State, who believed they record. China’s exports of weapons of reported to this Congress, last month, were the civilized alternative to avoid- mass destruction and the means to de- that China has increased its missile-re- ing armed conflict and war. They are liver them have made the world a more lated assistance to Pakistan, continues not a perfect weapon, but they have dangerous place. to provide assistance to Iran, North avoided conflict. Unfortunately, our concerns are not Korea, Libya; that China has pro- Who here would rise and say that all historical. You won’t find much ar- liferated to Pakistan. unilateral sanctions by European gument in this body if the Administra- This Senate has debated what to states against South Africa and apart- tion decided today to impose sanctions spend and how to spend to defend our- heid was wrong, or against Rhodesia or on China—using existing law—for its selves against the possibility, by 2005, against the Soviets after invading continuing export of ballistic missile of nuclear-tipped missiles from North Czechoslovakia? Who here would argue technology to Pakistan. Korea. We have all lived in anguish that they were wrong against Cam- The debate isn’t about whether China with the destruction of American citi- bodia after the death camps? Who has a clean record in the area of non- zens by the terrorism in Libya and would argue they were wrong against proliferation. It does not. Period. No, Iran. fascist Italy, against Abyssinia and this debate is about how we get the Now before this Senate is the most Ethiopia? Who here would argue that Chinese and other proliferators to modest of amendments—not an inter- Roosevelt was wrong in using them clean up their act. So I ask my col- ference with trade; not a restriction on against the Nazis or the Japanese inva- leagues to keep their eyes on the ball. The question each of us should ask as exports, though indeed that may be sion of Manchuria or Wilson himself we evaluate the Thompson amendment justifiable; not a sanction against the against unrestricted submarine warfare is this: At the end of the day, is the violations of workers’ rights or human in the North Atlantic? For the entire Thompson amendment likely to im- rights, though that may be arguable. 20th century, these sanctions have been prove U.S. security by reducing the We have not dared, in the most modest used—not a perfect tool, not always spread of weapons of mass destruction of positions, to ask, to request, to sug- successful, but always an alternative gest any of those things. Just this: and the means to deliver them? to conflict and in defense of the na- I believe the answer is no. The legis- That the authority exists to deny com- tional security. lation offered by Senator Thompson is panies in the People’s Republic of That issue is before the Senate again. deeply flawed. Since its introduction, China that consistently, regularly are Because while these may not be sanc- the Thompson amendment has been re- found, by overwhelming evidence, to be tions, because it may appear the Sen- vised at least three or four times. I proliferating dangerous technologies ate, given the economic opportunity, give the Senator credit for trying to fix that threaten the United States of would not accept them, Senator the bill’s many flaws. Unfortunately, America, access to our capital mar- THOMPSON and I have offered some- with each version, this bill has not sub- kets. But, indeed, that would be too thing far less ambitious, a simple stantially improved. ambitious to ask, so we have given the standby authority. But it is an alter- In its earliest iteration, at least we President waiver authority to cancel native. knew what this bill was all about. It that restriction and simply tell the What will we say to the American was all about undercutting the very Congress why he did so. people if one day we discover that mis- normal trade relations that we are Is there a man or woman in the Sen- sile or nuclear or biological weapons about to vote to make permanent with ate who thinks this request is so ambi- are in the hands of our most feared en- China and instead treating China like a tious, would so threaten the economic emies threatening the lives of the virtual enemy. life of the United States, that we can- American people? Someone on this The likely effect of the original not ask this? I challenge my colleagues floor would be right to rise and quote version of the ‘‘China Nonproliferation in the Senate, if you will not accept the old Bolshevik maxim: They will Act’’ was to gut normal trade relations the evidence from the Director of Cen- sell us the rope with which we will with China, shut down trade in dual- tral Intelligence on this proliferation, hang them. use items, deny China access to our if you will not cede the warning, accept No one on this floor wants to provide capital markets, end educational and the overwhelming evidence of this pro- that explanation. I urge support for the scientific exchanges, and suspend the liferation and the threat it constitutes Thompson-Torricelli amendment. It is bilateral dialog on a range of impor- to the United States of America, then right. It is modest. I believe the Senate tant issues, including counter-nar- have the intellectual honesty and cour- would be proud to take this stand. cotics and counter-terrorism. age to rise on the floor of this Senate I yield the floor. It was clear-cut. It was unambiguous. to say the Central Intelligence Agency The PRESIDING OFFICER. The Sen- And it was unambiguously contrary to no longer provide this evidence. Be- ator from Delaware. the national interest. cause if you will not read it, you will Mr. BIDEN. How much time do I The current version of the amend- not accept it, and you will not act upon have? ment does not have that coherence. a request that is this modest in scope, The PRESIDING OFFICER. Under a Rather, it is a legislative stew con- then have the intellectual honesty not previous order, the Senator has 10 min- taining an assortment of ingredients, to even receive it. utes. not all of which go together. It has sev- I say to my colleagues, it has been Mr. BIDEN. Mr. President, I oppose eral major flaws. stated on this floor that the history of the amendment by the Senator from The first major flaw is that although economic sanctions has been uniformly Tennessee. the sponsors have advertised the disappointing; that there is no evidence Although well-intentioned, the amendment as targeting certain rogue that they succeed. In the long history Thompson amendment—the so-called states, in fact it also targets American of economic sanctions, this would be ‘‘China Nonproliferation Act’’—is a firms and firms located in several west- the most modest. We interfere with no deeply flawed approach to addressing ern nations. trade, restrict no product, restrict no the proliferation problem. On its face, the amendment purports market, only the raising of capital, and At the outset, let me stipulate to a to target only those countries high- only then if the President does not ex- couple of points about which the Sen- lighted by the Director of Central In- ercise a waiver. ator is correct. telligence in a seminannual report as But even if this were a more ambi- First, I fully agree with the Senator ‘‘key suppliers’’ of weapons of mass de- tious amendment, do my colleagues in that the proliferation of weapons of struction and missile technologies. the Senate really want the record to mass destruction poses a serious threat Those countries, under the most cur- reflect that we do not believe economic to our national security. I commend rent version of this report, released

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8461 earlier this summer, are China, Russia, amendment requires the firm, if its person identified in a report submitted and North Korea. stock is listed on U.S. capital markets, pursuant to section 3 has engaged in an But closer examination of the amend- to make this information—that is, the activity described under section ment reveals that it would likely ex- information that they have been cited (3)(a)(1), the President shall apply to pose some of our closest allies—and in the presidential report—available in such person’’ the sanctions for not less even U.S. firms—to scrutiny under this reports and disclosure statements re- than one year. bill. quired under the Securities Exchange In other words, if the President finds Let me explain. This is a bit com- Act. that a person engages in a proliferation plicated, so I hope colleagues will bear In short, the bill places a ‘‘scarlet activity, he must apply the sanctions. with me. letter’’ on the reputation of firms— He has no discretion—if he sees that Under the amendment, the President based on information that may later the requisite facts exist, he must im- must submit a report to Congress an- prove to be unfounded. pose sanctions. nually—‘‘identifying every person of a This is a pretty breathtaking provi- Don’t take my word for it. covered country for whom there is sion—which requires the President to A few years ago, the Office of Legal credible information indicating that shoot first, and ask questions later. Counsel at the Department of Justice such person’’ has transferred dangerous The second major flaw of the bill is interpreted similar language in an- technology to other foreign entities or that the amendment is its rigidity. It other non-proliferation law—the Chem- has diverted U.S. technology in such a imposes a one-size-fits-all straitjacket ical and Biological Weapons Control way so as to contribute to development on the President—forcing him to im- and Warfare Elimination Act of 1991. It of weapons of mass destruction. pose numerous sanctions against an of- concluded that the President ‘‘has a A ‘‘covered country’’ is a term that is fending company, no matter the grav- duty to make determinations, not defined in the bill: it is any country ity of the violation, and it requires him merely the discretion to do so.’’ And identified by the Director of Central to impose the same set of sanctions in once he makes those determinations, Intelligence as a ‘‘source or supply’’ of every instance. then the sanctions under the law are dual-use or other technology in the Under the amendment, if the Presi- triggered. most current report required under dent determines that a person or firm So, too in the Thompson amendment. Section 721 of the Intelligence Author- has engaged in prohibited proliferation If the President determines that the ization Act for Fiscal Year 1997. A activity, then the President must proliferation action has occurred, then the sanctions must be imposed. country is also a ‘‘covered country’’ if apply five different penalties on such To be sure, the bill allows the Presi- it was so identified in this report at firms—including a ban on military and dent to waive the sanctions. But the any time within the previous five dual-use exports from the United act of making the initial determina- years. States to such firms, and a ban on the tion is not waivable. Guess what? In 1997, this report by provision of any U.S. assistance, in- The third major flaw is that the bill the Director of Central Intelligence cluding any loans, credits, or guaran- will undermine the credibility of exist- specifically named the United States, tees to such firms. ing sanctions laws because it has an ex- as well as several Western European This would include Export-Import tremely low burden of proof and does nations, including the United Kingdom, Bank financing and assistance from the not differentiate serious violations France, Germany and Italy, as ‘‘favor- Overseas Private Investment Corpora- from trivial ones. ite targets of acquisition for foreign tion. Let me explain first how sanctions weapons of mass destruction programs, The President has no flexibility to are triggered in the bill. especially for dual-use goods not con- tailor the penalty to fit the crime. He Two kinds of behavior are trolled by [certain] multilateral export must impose all five punitive measures sanctionable: the first is any transfer control regimes.’’ That makes those against the offending person for at of technology of any origin by a person nations a ‘‘source or supply’’ of dual- least one year—even if the behavior is of a covered country—and remember, use or other technology under the corrected immediately. He cannot dan- ‘‘covered country’’ includes the United terms of the Thompson amendment. gle carrots encouraging the firm or na- States and several European allies— So what does this mean? tion to clean up its act. which contributes to the ‘‘design, de- It means the President will have to The only flexibility he would have is velopment, production, or acquisition report to Congress on any ‘‘credible in- to invoke a national security waiver. of nuclear, chemical, or biological formation’’ that the Executive Branch And I doubt such a high waiver will be weapons or ballistic or cruise missiles’’ has on either (1) United States firms, justifiable in each and every case. by a foreign person. or (2) European firms regarding trans- I believe it is extremely unwise to tie The second action that is fers of dangerous technology. Sanc- the President’s hands in this manner. sanctionable is any contribution to a tions are unlikely to result against We are not clairvoyant, and we weapons of mass destruction program U.S. or European firms, for two rea- should give the President flexibility to made by the diversion of U.S.-origin sons. calibrate his response—and the power technology to an unauthorized end- First, after this report is provided to to cope with changing circumstances user. Such diversions are sanctionable Congress, the President must then for- which we cannot foresee. even if they occur within China or Rus- mally determine that the firm has ac- It is also unwise to impose the same sia. tually engaged in the proliferation ac- set of penalties on different cases. The bill penalizes either of these ac- tivity—not merely that there is cred- Should we treat the transfer of an item tions—technology transfers or diver- ible information that it has. on Category Two of the Missile Tech- sion—regardless of whether they are ei- Second, even if the President makes nology Control Regime the less serious ther ‘‘knowing’’ or ‘‘material.’’ such a determination, the amendment of the two categories in that regime— Nearly all of our current prolifera- exempts from the sanctions any nation such as telemetry software—the same tion sanctions laws contain these that is part of a multilateral control as a transfer of a complete missile sys- ‘‘knowing’’ and ‘‘material’’ require- regime on proliferation—as the United tem? Current missile sanctions law ment—they do not attempt to punish States and the major Western powers permit this sort of differentiation. The transfers that are unintentional or are are. Thompson amendment does not. relatively inconsequential. But for the firms named in this origi- On Monday the Senator from Ten- For example, Section 73 of the Arms nal report, the damage will have been nessee implied that the sanctions Export Control Act—the existing mis- done. under this provision are somehow dis- sile sanctions law—requires sanctions First, the companies will surely be cretionary—that the President has the whenever a foreign person ‘‘know- subject to negative publicity based on flexibility on whether or not to impose ingly’’ transfers equipment or tech- the very low ‘‘credible information’’ sanctions under Section 4 of the nology controlled by the Missile Tech- standard—and suffer financial and amendment. This is simply not true. nology Control Regime, MTCR. other damage that may flow from such Under Section 4 of the amendment, Items controlled by the MTCR meet publicity. Second, Section 8 of the ‘‘if the President determines that a the test of ‘‘materiality’’ because they

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This legislation is ishes all transfers—regardless of activity is significant or not, be in- not likely to be effective in reducing whether the firm intentionally engaged cluded as part of a new magnum opus. proliferation by irresponsible actors. in the prohibited conduct or whether This low ‘‘credible information″ stand- Let me make one final point. the transfer made any difference to the ard is derived from the Iran Non- One underlying assumption of the program of the recipient nation. proliferation Act of 2000. Under this Thompson bill seems to be that there The only standard is whether is it standard, one piece of information are few non-proliferation statutes on ‘‘contributes’’ to the ‘‘design, develop- from a source deemed to be credible the books. Any such assumption would ment, production, or acquisition’’ of must be reported—even if that evidence be false—over the last decade Congress weapons of mass destruction programs. later proves to be false. has enacted numerous proliferation This, potentially, has a very broad Congress has yet to receive the first laws. Let me highlight a few: sweep. report required under that Act. But we The Chemical and Biological Weap- Does a vehicle supplied by Russia, do have some information about the ons Control and Warfare Elimination of the United States or a western country burden it is imposing. 1991 contains numerous provisions re- and used by the People’s Liberation To date, the Intelligence Community stricting technology to, or imposing Army to transport goods from one has found 8,000 pages of information sanctions on, to countries or persons weapons plant to another ‘‘contribute’’ that is ‘‘credible’’ just on chemical and proliferating chemical or biological to ‘‘production’’ of Chinese missiles? biological weapons and missile pro- weapons technology; Does cement for a Chinese cruise liferation alone. The Nuclear Proliferation Prevention missile plant ‘‘contribute’’ to the ‘‘pro- Many thousands of staff hours will be Act of 1994 bars U.S. Government pro- duction’’ of such missiles? Does advice required to assemble and analyze the curement in the case of foreign persons from an efficiency expert ‘‘contribute’’ information for this report. Does it who materially contribute to the ef- to ‘‘production’’? really make sense to have our govern- forts of individuals or non-nuclear Surely they do ‘‘contribute’’ in some ment’s non-proliferation specialists de- weapons states to acquire nuclear ma- way to the production occurring at the voting so much time to assembling yet terial or nuclear explosive devices, and facility. another report—rather than combating requires sanctions on financial institu- Under the Thompson amendment, all the proliferation danger? tions that finance the acquisition of ‘‘contributions’’—even these relatively Congress hardly suffers from a lack nuclear material or nuclear explosive inconsequential examples I just cited— of information about proliferation. We devices. would appear to be treated equally. The Foreign Assistance Act bars U.S. If we are going to impose sanctions, already require a range of reports on foreign assistance to nations that en- we should have a rule of reason—and the subject. For example: Congress receives an annual report gage in certain proliferation activities; punish transfers that matter. Do we on proliferation of missiles and essen- The Arms Export Control Act pro- really want to trigger the vast machin- tial components of nuclear, chemical vides for sanctions against nations ery of sanctions over transfers that are and biological weapons—required since that transfer unsafeguarded nuclear not of serious concern? Additionally, do we want to trigger a 1991; materials or against non-nuclear states vast array of sanctions if the company Congress receives an annual report which use nuclear devices, including did not act intentionally? on the threat posed to the United the Glenn Amendment sanctions which The fourth major flaw of the amend- States by weapons of mass destruction, were imposed on India and Pakistan in ment is that it could undermine our ballistic and cruise missiles—required 1998. proliferation policy by singling out since 1997; The Iran-Iraq Arms Nonproliferation China, Russia, and North Korea. Congress receives an annual report Act of 1992 requires sanctions against A law that singles out the worst on the efforts of foreign countries to persons or countries who knowingly proliferators might, at first blush, obtain chemical and biological weap- and materially contribute to the ef- make sense. But it sends an odd mes- ons and efforts of foreign persons or forts by Iran or Iraq to acquire chem- sage to the world that we care only governments to assist such programs ical, biological, or nuclear weapons or about proliferation from those coun- —required since 1991; to acquire destabilizing numbers and tries. Why shouldn’t we care just as Congress receives an annual report types of advanced conventional weap- much about proliferation by Libyan or on the transfer of chemical agents and ons. Syrian firms as by Chinese firms? the trade precursor chemicals relevant The Export-Import Bank Act bars fi- To be effective, U.S. sanctions law to chemical weapons—required since nancing for U.S. exports to any coun- should be defensible to the world. We 1997 under the Senate resolution con- try or person which assists a non-nu- can logically explain that proliferation senting to the Chemical Weapons Con- clear weapons state to acquire a nu- to Iran or Iraq deserves special atten- vention; clear device or unsafeguarded special tion—because of the rogue behavior of Congress receives an annual report nuclear material. those countries. But what is the logic on compliance with international arms Finally, a Presidential Executive for treating proliferation from China, control agreements, which includes a Order (#12938) requires the Secretary of Russia, and North Korea more seri- detailed assessment of adherence of State to impose certain sanctions ously than proliferation from other other nations to obligations under- against foreign persons who materially countries? taken in nonproliferation agreements contribute or attempt to contribute to Moreover, country-specific legisla- or commitments—required since the the efforts of any foreign country to tion is unnecessary. mid-1980s. obtain weapons of mass destruction or If China, Russia, and North Korea are In addition, Members of Congress a missile capable of delivering such the worst actors in this area, then any have full access to a range of regular weapons. law that applies generally will fall on intelligence reports on the subject of In short, it is a delusion to think we them disproportionately. proliferation. have a shortage of laws. In fact, current proliferation sanc- In sum, we do not need another re- What the senator is complaining tions laws have been used against these port that will divert officials in the Ex- about is a failure to use these laws to three countries more than most others. ecutive Branch from the daily business punish the Chinese and other bad ac- The fifth major flaw of the amend- of trying to actually stop proliferation. tors. This failure is hardly unique to ment is that it will impose an incred- Mr. President, I understand the moti- this Administration. ibly burdensome reporting requirement vation at work here. Proliferation by During President Reagan’s term, on the intelligence community and the Russia or China makes me angry too! I China provided nuclear know-how to Executive Branch officials responsible would have thought that the limita- Pakistan and missiles to Saudi Arabia. for enforcing non-proliferation policy. tions of this kind of sledgehammer ap- The United States responded by selling

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The implication being, In President Bush’s administration, don’t think there is anyone on the had we acted on this amendment favor- China sold missile technology to Paki- floor who would rise up and criticize ably and passed it, then China wouldn’t stan. The United States responded by this administration if they did what I sell any more weapons technology. briefly imposing sanctions—and then have publicly and privately suggested That is a bit of a tautology. They subsequently liberalizing export con- to them: Impose sanctions now under would sell it whether or not this trols on a wide range of high tech- existing law. amendment is here. The question is nology, including the launch of U.S.- I am sure none of my colleagues what retribution we take and in what made communication satellites by would do this but their staffs may. I form we take it. China. refer them to the last third of my I ask the rhetorical question to my The Clinton Administration has statement where I laid out in detail friends from Tennessee and New Jer- twice sanctioned China for prolifera- how many laws are on the books now sey, and others who support this tion of missile and chemical tech- which were enacted relative to pro- amendment. Right now we are trying nology, but has balked at imposing liferation: the Chemical and Biological very hard to deal with two things in sanctions in response to China’s most Weapons Control and Warfare Elimi- North Korea: the existence of fissile recent misdeeds. nation Act, the Nuclear Proliferation material that is able to make nuclear The failure of Executive Branch to Prevention Act of 1994, the Foreign As- bombs, and their ability to produce a use sanctions authority occurs in both sistance Act, the Arms Export Control third stage for their Taepo Dong mis- Republican and Democratic adminis- Act, the Iran-Iraq Arms Nonprolifera- sile that would allow that missile to trations. It is often lamentable. But tion Act, the Export-Import Bank Act, reach the United States, although it is the appropriate response is not enact- which bars financing of U.S. exports, problematic whether they could put a ment of a severely flawed piece of leg- the Executive Order No. 12938, which nuclear weapon on it even if it had a islation. requires the Secretary of State to im- third stage because of the throw- Mr. President, let me sum up. pose certain sanctions, et cetera. All weight requirements. I understand the Senator’s concerns. the laws are there now. They exist. So what have we been doing? Former I agree with him that Chinese pro- What this is really about is the un- Secretary of Defense Perry, and the liferation is a serious problem. I dis- willingness in the minds of our col- last administration as well, have been agree with his remedy. leagues, some of our colleagues, for trying to get the Chinese to use their influence on North Korea not to de- I would be pleased to work with him this administration to once again im- velop long-range missiles. And what next year in trying to move serious pose sanctions, or the last administra- has happened? It is kind of interesting legislation to fill any gaps that may tion to impose sanctions. that the first amelioration, the first exist in our proliferation laws through We became fairly cynical around here thawing of the ice came with the the Committee on Foreign Relations— because of what happened during the Agreed Framework during Perry’s ten- the committee of jurisdiction. terms of the last two Presidents. What But I believe that it would be ex- ure. The Agreed Framework made sure was the response to documented pro- that North Korea would not be able to tremely unwise to pass this legislation, liferation by China, for example, dur- as well-intentioned as it is—because I acquire more fissile material for nu- ing President Reagan’s term; when clear weapons. They stopped making believe it has so many flaws that it is China provided nuclear know-how to fissile material. It is working. Sur- beyond fixing at this late date. This Pakistan and missiles to Saudi Arabia? prise, surprise. legislation, as currently written, would The U.S. response, under President The second thing is, because of our not succeed, and could seriously harm Reagan, was to sell advanced conven- intercession with China, at least in our non-proliferation efforts. tional weaponry to the People’s Libera- part, the Chinese had a little altar call, I urge my colleagues to vote no on tion Army, torpedoes for its navy, ad- as we say in the southern part of my the Thompson amendment. vanced avionics for its air force, and State, with the North Koreans. The To reiterate, the Senator from New counterbattery artillery radars for its North Korean leader, the guy we were Jersey and the Senator from Tennessee army. told was holed up, who is manic depres- have made some good arguments but In the Bush administration, China sive, a guy who was supposedly schizo- on the wrong bill. If you listen to the sold missile technology to Pakistan. phrenic, everything else you hear debate of the proponents, you would as- The United States responded by briefly about him, went to Beijing. He came sume there is no sanction legislation imposing sanctions and then subse- back. Guess what. He had a public that exists now relative to China. The quently liberalizing export controls on meeting with South Korea. Guess irony is that there is significant sanc- a wide range of high-technology issues, what. He concluded that they would tion legislation on the books now. including the launch of U.S.-made com- stop testing their missile, the third This quarrel is about two things. Half munications satellites by China. stage of their missile. He further con- the people who are for this amendment This isn’t about whether or not non- cluded that there should be some rap- are against trade with China. The proliferation laws exist. It is about prochement with the south. other half of them—I don’t mean lit- whether or not we have the will to im- And lo and behold, Kim Jong-il con- erally half—are made up of a mix of pose upon the President the require- cluded that he, and the North Koreans, people, people who are against the bill, ment that he enforce the law now. wants American troops in South Korea. the permanent trade relations bill Why not pass a resolution here and Surprise, surprise. Why? They don’t which my senior colleague is man- now and say that the Senate goes on want the vacuum filled by an Asian aging, and some who are desperately record saying, Mr. President, you power if we leave. China doesn’t want concerned about the prospect of further should impose sanctions on China now? North Korea to have a nuclear capac- proliferation by China. There is enough of a case to do it now. ity. It is not in their interest for that The truth is, what the real fight Why not do that, if you are really con- to occur. should be about is why President Bush, cerned about sanctions? This goes be- Now, somebody tell me how we solve President Reagan, and President Clin- yond that. the problem of the proliferation of so- ton have not imposed the laws that are Everybody knows if this or any other phisticated nuclear weapons on the on the books now. We don’t need any amendment passes attached to this subcontinent of India, including Paki- new sanction laws. We particularly bill, the larger issue of trade with stan and India, as well as China, if we don’t need ones that are so desperately China is dead, for this term anyway. are not engaging China. I don’t get flawed as this one, which lowers the In the brief time I have remaining, this. From a strategic standpoint, I threshold so low you can’t be certain let me jump to another point. My don’t get how this is supposed to ac- that, in fact, there is proliferation friends talk about this in terms of—and complish the strategic goal because my

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If tion of conflict. they are for free trade. we know China is sending its nuclear Some people seem to have the idea They don’t want to scuttle the trade formulas to places such as North that by adopting PNTR we will be hav- agreement. They say their interest is Korea, Iran, Iraq, and that that is ing a marriage with China—that some- in the strategic problem of prolifera- going to put American citizens in di- how, because we are endorsing normal tion. I respectfully suggest that rect harm’s way and stop the balance trade relations with China, we would in amendment is not going to, in any of power between North and South effect be endorsing Chinese policies on way, change China’s proliferation in- Korea and make it heavily favoring how they treat their workers, how they stincts. What is going to change Chi- North Korea, are we really going to protect religious freedom, how they na’s proliferation instincts will be a stand by and say we will try to engage protect the environment, and how they larger engagement with China on what them when we have not spoken to them conduct their foreign policy. We are is in our mutual interests—discussions in any way when we had the chance to not doing any of those things. Every criticism of China that has about strategic doctrine, national mis- do it, as we do right now? I hope not. HOMPSON sile defense, Japan, Korea, and Taiwan. It has been said that it will kill this been made is valid. Senator T talked earlier about not wanting to ir- That will effect relations with China, bill if we add an amendment. I wasn’t ritate the Chinese. I am perfectly will- potentially, in a positive way. elected to the Senate to rubber stamp ing to irritate the Chinese. But this Passing this amendment, as my the House of Representatives. I wasn’t legislation is about establishing nor- friend from New York said in another elected by the people of Texas to rub- mal trade relations—the same rela- venue when I was with him yesterday, ber stamp the President. I was elected tions we have with virtually every will be the most serious foreign policy to the Senate to do what I think is country in the world except countries mistake we will have made in decades. right and to fulfill my responsibilities directly involved in terrorism—with I share his view. I realize it is well in- to the people I represent. National se- China. We are not talking about a mili- tended. My friend from Tennessee says curity is my No. 1 responsibility. If it tary alliance or a political marriage. no one has an answer as to how we are kills a bill because the Senate adds an We are talking only about normal going to stop China. I don’t have an an- amendment and allows us to talk to trade relations. swer, but I have a forum in which you the President about it and talk to the The Thompson amendment to the do that. It is not in the trade bill. It is House of Representatives, then I think PNTR bill would impose political con- engaging them in their mutual inter- that is our role and our responsibility. trols on the American capital market ests and ours on the future of North I reject totally those who would say with regard to China. Federal Reserve Korea, and engaging them and making don’t vote for this amendment; it is a Chairman Greenspan says that the it clear to them that it is not in their killer amendment; it will kill the bill. Thompson amendment’s financial sanc- interest to see India become a nuclear It will not kill the bill. We have tions ‘‘would undercut the viability of state with multiple nuclear warheads brains. We know we might have to our own system and would harm us and hundreds, if not thousands, of compromise in some way, but we want more than it would harm others.’’ The ICBMs. This isn’t the way to do it. to be forceful that we are not going to Securities and Exchange Commission I thank my colleagues. I realize my allow China to spread nuclear weapons says the Thompson amendment is time is up. of mass destruction around the world, ‘‘antithetical to the United States ap- I yield the floor. especially to rogue nations that would proach to capital market access and The PRESIDING OFFICER (Mr. do our country wrong. We are not going free movement of capital.’’ The Securi- BROWNBACK). Under the previous order, to stand up and say today, I hope, that ties Industry Association, which rep- the Senator from Texas, Mrs. we are afraid to amend a bill because it resents securities markets nationwide, HUTCHISON, is recognized for 5 minutes. might kill it. No, that is not why I was says the Thompson amendment ‘‘could Mrs. HUTCHISON. Mr. President, elected to the Senate. I was elected to seriously disrupt investor confidence in this is a very important vote. It is a the Senate to do what I think is right. United States markets and jeopardize very important issue. I have been a I hope the Senate will speak very force- their continued vitality, debt and li- strong supporter of opening relations fully today that we can work with the quidity.’’ with China, of opening trade with House and with the President and we Senator THOMPSON says he wants a China, not because China has been the will pass free trade with China, with vote on his amendment. I have no ob- kind of ally we would all hope it would national security addressed. That is jection to Senator THOMPSON having a be but because I have believed that the issue. vote. But he doesn’t want anybody else having open trade relations with them I urge my colleagues to stand up for to have a vote on it. If we are going to would improve the relationship; that if their people, as they were elected to consider major legislation like the we had some leverage in a trade rela- do. Let’s work this out and have a free Thompson amendment, as chairman of tionship, we would be able to ask them and fair trade agreement that is good one of the committees with jurisdic- and have some leverage for them to for both countries. Thank you. tion over major elements of that have fair trade, to recognize intellec- I yield the floor. amendment I would like to have an op- tual property rights, and to become a The PRESIDING OFFICER. Under portunity to offer my own amendments part of the community of nations. the previous order, Senator GRAMM to it. I know we can get carried away But it seems to me we are saying we from Texas is recognized for up to 10 with amendments. And Senator THOMP- want free and open trade and nothing minutes. SON makes a good point. Committees of else should matter; that if we have free Mr. GRAMM. Mr. President, I rise in jurisdiction aren’t everything. But I and open trade, we should not stand up strong opposition to the Thompson think it is important that we get Alan for our national security interests. amendment. I oppose it because it is a Greenspan and other people who under- That is what I have been hearing on bad amendment. Its logic is flawed. It stand our financial markets to give us the floor now for 2 days. If we are going would hurt America more than it input before we take a major step like to engage China on issues such as would punish China. Let me try to ex- instituting controls on America’s cap- North Korea and weapons proliferation plain why. ital markets. to Iran and Iraq, as was proposed by First of all, the Thompson amend- The capital markets and financial in- the Senator from Delaware, how can ment goes far beyond denying China stitutions controls in the Thompson we engage them if we say, by the vote access to American dual-use tech- legislation go against what we have today, it is not really a big issue to us, nology that could have defense applica- been trying to achieve with the Chi- that weapons proliferation takes sec- tions. The Thompson amendment nese for many years. For years we ne- ond place to trade? would take American capital markets gotiated with the Chinese to get them

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8465 to open their markets to American fi- doesn’t want anybody else to have a Mr. ROTH. I ask the Senator from nancial services companies. We want vote on their amendments to his legis- Tennessee to please proceed. citizens in China to be able to own a lation. I think that is what ultimately Mr. BYRD. Mr. President, I withdraw piece of the rock and to invest in re- brought us to where we are now. my request for the time being so the tirement accounts in America. Senator There are security concerns with Senator may speak. THOMPSON’s amendment would set up a China. They need to be dealt with. But The PRESIDING OFFICER. The Sen- mechanism to deny them the very they cannot be dealt with within the ator from Tennessee. rights for which we negotiated so long context of PNTR, with a bill that has Mr. THOMPSON. Mr. President, one and hard. never been through a committee, that brief comment and then I am going to I am not here to endorse China’s has never had a hearing on its impact, yield 5 minutes of my time to the Sen- practices—far from it. I condemn their that has not been looked at it to see ator from Ohio. policies with regard to the environ- whether it makes sense. Will it do what I say in response to Senator GRAMM, ment, with regard to their workers, we want it to do? Will it hurt us more surely I did not hear the basic propo- with regard to religious freedom, and than it hurts other people? sition that I would not do something with regard to proliferation. But that So I urge my colleagues to reject this for him on something else and there- is not what we are talking about here. amendment and to adopt normal trade fore he is not going to do something for We are talking about establishing nor- relations with China. We are not en- me? Surely I misunderstood that part. The only other response I would have mal trade relations. And the key point dorsing China. We are trying to trade is at least the Senator from Texas is: Does anybody believe any one of with them. We are trying to promote interjected a new way to address this these areas of concern will be better if economic freedom because we know proliferation we are seeing coming we reject PNTR? economic freedom not only enriches us from China. His response is trade with I remind my colleagues that in 1948 and them, but ultimately produces an them and one day we will magically there were 23 countries that signed the irresistible demand by people to have wake up and they will be dismantling agreement that founded the GATT, political freedom. When they have eco- their armaments; they will be quitting now called the WTO. Their common nomic freedom, China will change. selling weapons of mass destruction to goal was to expand economic trade. This is a bad amendment. It is not these rogue nations, and they will be One of those 23 countries was China. ready to be adopted. I hope we table it. happy and friendly. All we have to do is But one year later, China turned to the As I said, if we don’t table it, we are have more and more and more trade, dark side. They wanted to remake going to amend it; and then we are and that will solve the proliferation their society. They wanted to build a going to be in a long debate about a problem. subject that is relevant and important. ‘‘ladder to heaven.’’ They wanted to When that happens, Mr. President, I create equality, except for their polit- But it is a subject that does not have will present the tooth fairy on the floor ical leaders. And they did it—they to do with establishing normal trade of this body. made everybody poor. Chinese per cap- relations with China, which is the With that, I yield 5 minutes to my ita income nosedived. By 1978, Taiwan, point of the underlying legislation and friend from Ohio. which started with fewer economic re- which I support. Mr. DEWINE. Mr. President, I rise in sources, had a per capita income of I will, therefore, vote to table this strong support of the Thompson- $1,560 a year. China’s was $188. Today, amendment. I urge my colleagues to do Torricelli amendment. This amend- Taiwan has a $13,000 per capita income, the same. I yield the floor. ment will give us more of a chance to while China’s is just $790. The PRESIDING OFFICER. The Sen- hold the People’s Republic of China, or But the good news is that fifty-two ator from West Virginia. any nation, accountable for prolifer- years later, China wants to reverse the Mr. BYRD. Mr. President, I ask unan- ating weapons of mass destruction and terrible decision she made back then, imous consent that at the end of the the means to deliver them. and re-enter the world of trade. China list of speakers my name be placed This amendment would not have been is turning away from the dark side. next in order to speak not to exceed 15 necessary had this administration She is back knocking on the door. Now minutes in opposition to the motion to shown effective leadership in non- the question is, Are we going to slam table. proliferation policy. When the adminis- the door in their face? Mr. ROTH. Reserving the right to ob- tration sat down with China last year I say no. Trade promotes freedom. If ject, I must say we have agreed that we to negotiate an agreement on China’s you are concerned about workers would have the vote at quarter of 2. If admission to the World Trade Organi- rights in China, do you believe that there is any time left that I have allot- zation, that was an extraordinary op- workers will have more rights in a ted, I will yield it. It looks to me as if portunity to discuss China’s weapons growing private sector, where they can I am not going to have any time. proliferation practices. It was a once in Mr. BYRD. I wouldn’t want to take work for somebody other than the Gov- a lifetime opportunity to insist that ernment? I don’t see how you can help away the Senator’s time. Mr. ROTH. I ask the distinguished China change its ways on proliferation but believe that. And if you believe it, once and for all and advance the secu- then you are going to be for normal Senator—I regret the situation has de- veloped this way, but we have a num- rity of all nations. trade relations with China. If you want That opportunity, sadly, was lost. political and religious freedom in ber of Senators who are leaving so we The bilateral agreement reached be- China, then give people economic free- have fixed a time for the vote specifi- tween China and the United States last dom, which ultimately promotes polit- cally at quarter of 2. November is the price China has to pay Mr. BYRD. Mr. President, I didn’t ical freedom, as we have seen in Korea for our Nation to agree to PNTR and know anything about that agreement and in Taiwan. Developing economic China’s admission into the WTO. So until I heard it put and accepted. growth in China, so that people have a the fundamental question is this: Have Mr. ROTH. I have to object to the re- stake in economic freedom, will ulti- we imposed a high enough price on the quest, with all due deference. mately produce a demand on their part Mr. BYRD. I know the Senator re- Chinese Government? Sadly, I think for political freedom. And in the proc- grets doing that. the answer is clearly no. ess they will begin to change China. Mr. ROTH. I object. Yes, the bilateral agreement argu- The Thompson amendment is legisla- The PRESIDING OFFICER. Objec- ably is a good economic document for tion that needs dramatic changes. If we tion is heard. both countries. However, it is by no don’t table this amendment, it is not The Senator from West Virginia. means an acceptable document for our going to be adopted. We are going to Mr. BYRD. I will ask for a quorum own national security. If we are going offer amendments to it. I would be per- before the vote that will take longer to sacrifice our annual review of nor- fectly happy to see this amendment than 15 minutes. I am entitled to that. mal trade relations with China, then brought up as a freestanding bill, but I Mr. ROTH. Parliamentary inquiry: Is our next President and the next Con- want the opportunity to debate it and that correct? gress must have new tools in place to to amend it. Senator THOMPSON wants The PRESIDING OFFICER. A pursue our national security objec- to have a vote on his legislation, but he quorum call is in order before the vote. tives.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8466 CONGRESSIONAL RECORD — SENATE September 13, 2000 It is that simple. And that is why we I be recognized in order to make a mo- supercede our national security policy. need to adopt the Thompson amend- tion to table. The lessons learned from the Cox Com- ment. The PRESIDING OFFICER. Is there mission were clear: foreign policy and As my colleagues know, China is a objection? The Senator from Ohio. national security policy must drive signator of the Nuclear Non-Prolifera- Mr. DEWINE. Mr. President, I will trade policy and not the other way tion Treaty. Article VI of that treaty certainly not object, but I just add to around. states that nuclear powers are to: that, if I can have 2 additional minutes I ask my colleagues: Have we asked . . . pursue negotiations in good faith on to finish my comments and we can enough of China? Has this administra- effective measures relating to cessation of then proceed? tion done enough to advance our for- the nuclear arms race at an early date.... Mr. ROTH. Unfortunately, we are in eign affairs with China? I believe the No nation has violated that specific a very tight timeframe. I respectfully answer to both is a resounding ‘‘no.’’ article in the NPT more egregiously, ask the Senator from Ohio to please The Thompson-Torricelli amendment more openly, and more willingly in the comply. We must proceed. I have tried gives the Senate a chance to insist on last decade than the People’s Republic to satisfy everybody. I ask him not to more from China and more from this of China. That is the truth. proceed. administration. If both China and fu- In Asia and the Middle East, our Na- Mr. DEWINE. I certainly will not ob- ture administrations are going to take tion and China hold two fundamentally ject to the request of the chairman of this Senate seriously as a clear and different visions of the future direction the committee. I have enough respect strong voice in our national security of these two regions. Right now, China for my colleague, if that is what my policy, we should stand together to has used its expertise in nuclear and colleague thinks is absolutely nec- support this amendment. missile technology to effectively ad- essary to not object. I thank my colleagues, I thank my vance their interests and destabilize Mr. THOMPSON. Mr. President, we colleague from Tennessee, and I yield the region. also had a unanimous consent for an the floor. For example, at the beginning of the additional, I think, 5 minutes that was The PRESIDING OFFICER. The Sen- last decade, Pakistan possessed a very allotted to me. I think the Senator ator from West Virginia is recognized. modest nuclear weapons program infe- from Ohio should be given at least an Mr. BYRD. Mr. President, I rise rior to India’s. additional 2 minutes, if that is the today to congratulate Senator FRED That was then. Now the balance of case. I certainly agree Senator BYRD THOMPSON and Senator TORRICELLI. nuclear power has shifted, and it is a should be given some time. There is no They are speaking the people’s lan- far more different and far more dan- reason why we cannot work this out. guage. They are talking plain, com- gerous region today. Mr. ROTH. Let me say to the distin- monsense. They are right in offering In the Middle East, it is the same guished Senator, I am yielding my 5 this amendment. story. News reports have documented minutes. I am not speaking. Senator THOMPSON is asking that we China’s contributions to Iran’s nuclear Mr. THOMPSON. I am not speaking in this Senate pay attention to the na- development, and ballistic and cruise either, and I will yield the remainder of tional security concerns of this Nation, missile programs, including anti-ship my time after the Senator from Ohio is asking that we put national security missiles that are a threat to our naval finished. I will yield the remainder of ahead of greed. What is wrong with presence and commercial shipping in any time I have. that? He is asking that we put the na- the Persian Gulf. And published news Mr. ROTH. All right. We will let the tional security of the United States of reports say a CIA report issued last Senator from Ohio have—what is it, 2 America ahead of election-year poli- month confirmed that Chinese Govern- minutes? tics. ment multinationals are assisting the Mr. THOMPSON. Yes. What is the matter with this Senate? Libyan Government in building a more The PRESIDING OFFICER. Is there Can we not see the handwriting on the advanced missile program. objection to the modified request? wall? China certainly does not see our Gov- Without objection, it is so ordered. The proliferation of weapons of mass ernment as a serious enforcer of non- Mr. DEWINE. Mr. President, we can destruction—nuclear weapons, ballistic proliferation policy—and why should make up for this lost opportunity by missiles, chemical weapons, biological they? As a result, weapons of mass de- passing this amendment. It is vitally weapons—is a growing menace to world struction are in far more questionable important, I believe, that we do this stability. Can we not see that? The ac- hands and the world is a far more dan- and we move forward. quisition of nuclear weapons by such gerous place. This amendment is not just about rogue nations as North Korea, Iran, The high priority China placed on holding other nations accountable as and Iraq is the driving force behind the WTO membership certainly presented proliferators, it is also about holding costly and complicated effort by the our Government with an opportunity our President accountable as the United States to deploy a national mis- to reassert its nonproliferation creden- world’s principal nonproliferation en- sile defense system. Can we not see tials. forcer. that? The PRESIDING OFFICER. The time With this amendment, Congress The proliferation of weapons of mass of the Senator has expired. would receive a comprehensive report destruction is forcing the nations of Mr. DEWINE. I ask for 1 additional each year from the President about the the world, including the United States, minute. proliferation practices of other na- to reevaluate their own national secu- The PRESIDING OFFICER. Is there tions. This report would require com- rity and to confront once again the objection? prehensive information on prolifera- nightmarish possibility of nuclear war. Mr. ROTH. I object. tion practices, how these acts threaten Can we not see that? Mr. MOYNIHAN. I object. our national security, and what actions The main perpetrators behind the The PRESIDING OFFICER. Objec- are being taken by the President in re- spread of weapons of mass destruction tion is heard. Under the previous order, sponse to these violations. are China, Russia, and North Korea. the Senator from Delaware is to be rec- This reporting requirement will pre- According to the Central Intelligence ognized. vent future administrations from re- Agency, in a report to Congress re- Mr. THOMPSON. Mr. President, did I peating the approach taken by the cur- leased last month, this unholy trinity not have additional time? rent administration, which ran and hid of proliferators were the key contribu- Mr. ROTH. No, the vote is set for 1:45. from our nonproliferation laws and re- tors to the pipeline of ballistic missile But, we are trying to work this out. sponsibilities. related supplies and assistance going The PRESIDING OFFICER. The vote The amendment of the Senator from into the Middle East, South Asia, and was to occur at 1:45. Tennessee would dramatically improve North Africa. Mr. DEWINE addressed the Chair. the PNTR legislation. I say this be- It seems ludicrous to me that we Mr. ROTH. I ask consent Senator cause PNTR is not just about trade—it would even consider standing here and BYRD now be recognized for up to 10 is about U.S. foreign policy. We cannot debating the merits of extending Per- minutes and, following those remarks, let our trade policy with China manent Normal Trade Relations status

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8467 to the People’s Republic of China with- the president of the Chamber of Com- son’s amendment on Wednesday or Thurs- out addressing the issue of China’s merce or Cabinet members of the Clin- day. Final passage of the overall bill, which leading role in the proliferation of ton administration or the President has overwhelming support, could occur as early as Friday or as late as next Tuesday. weapons of mass destruction. The himself as they dial for dollars and for China will enter the W.T.O. no matter how Thompson-Torricelli amendment, of votes. Those of us who refuse to roll the Senate votes. But without Congress’s which I am a cosponsor, is essential to over like good dogs just don’t get it. blessing, Beijing could withhold some of the tightening our scrutiny of and control We know that the fix is in on this trade benefits, including lower tariffs, from over the illegitimate trafficking in fight, but we just keep slugging any- the American farmers and companies that it weapons of mass destruction by Chi- way. Maybe we will land a good punch will extend to other members in the trade nese entities. or two if we fight on. Maybe the powers group. What weak dishwater is the excuse Thomas J. Donohue, president of the that be in China will notice there were United States Chamber of Commerce, that we cannot add anything to the some in the Senate who refused to le- warned of retribution against senators who House-passed bill that would force a gitimize China’s outrageous disregard support the Thompson-Torricelli measure. conference that might make some for the safety of the world by handing ‘‘Should this vote get tangled up in the members of the House uncomfortable. them the trophy of PNTR. Thank God politics of nuclear proliferation and other What a sorry spectacle is a Senate for the likes of Senator PAUL amendments to the extent that it might not completely cowed by the possibility WELLSTONE, Senator FRED THOMPSON, be passed,’’ Mr. Donohue said, ‘‘I think that would have a very serious political implica- that we might upset the Chinese if we Senator FRITZ HOLLINGS, and Senator tion for those who were a party to that ac- add this provision. BOB TORRICELLI, and the 33 brave tion.’’ What a travesty that the Secretary souls—33 brave souls, I want you to Senators easily dispatched several other of Defense is reported to be calling know—who dared to vote with me on a amendments today, including those on pris- Senators to oppose an amendment that couple of modest amendments to this on labor and human rights in China, as well puts the Chinese on notice about their ill-advised trade bill. I thank them. as subsidies from Beijing to Chinese compa- egregious actions regarding the pro- I believe the American people know nies. But on the floor and in news con- liferation of weapons of mass destruc- what we are trying to do, and I believe ferences, the focus was on the Thompson- tion—weapons that threaten the safety they will put patriotism over pan- Torricelli amendment. ‘‘This is the vote on P.N.T.R.,’’ Senator Max Baucus, Democrat of of the planet. dering for profit any day. Montana said as he used the bill’s abbrevia- I care nothing about a President’s I ask unanimous consent to print in tion. legacy if this is the price. I care noth- the RECORD an item from the New York Senator Tom Daschle of South Dakota, the ing about profits for multinational Times titled ‘‘Wavering Senators Feel- Democratic leader, stated that opponents companies if this is the price. ing Pressure on China Trade Bill.’’ I ‘‘have the votes to defeat Senator Thomp- I took an oath to defend the Con- will have more to say about that later. son’s amendment.’’ stitution of the Unites States against There being no objection, the mate- Even Mr. Thompson acknowledged that he rial was ordered to be printed in the faced an uphill battle. ‘‘We’ve always known all enemies, foreign and domestic, and it was going to be a tough vote,’’ Mr. Thomp- so did every other member of this body. RECORD, as follows: son told reporters. ‘‘A lot of people are say- Are we to tear up that oath for the [From the New York Times, Sept. 13, 2000] ing they would like to vote for it. But since election-year politics and greed? WAVERING SENATORS FEELING PRESSURE ON it is on P.N.T.R., they’re afraid it will com- Do we think that the American peo- CHINA TRADE BILL plicate P.N.T.R.’’ ple are watching this debate with pride (By Eric Schmitt) Supporters said the measure was necessary today? Do we think the American peo- WASHINGTON, SEPT. 12.—Corporate leaders to clamp down on Chinese exports of sophis- ple are willing to auction off this Na- and several of President Clinton’s cabinet of- ticated weaponry to Iran, Libya, North Korea and Pakistan. tion’s security interests for the low bid ficers intensified pressure today on wavering senators to reject an amendment that could ‘‘What is especially troubling about the of a Chinese promise to reduce tariffs? Chinese activities is that this sensitive as- China’s string of broken promises is jeopardize passage this year of a trade bill with China. sistance is going to the most dangerous na- longer than its Great Wall. As the Senate girds for a crucial vote on tions in the most volatile areas of the We are talking here about the wan- the measure this week, supporters of legisla- world,’’ said Mr. Torricelli. ton export of nuclear weapons, of tion to establish permanent normal trading Backers of the amendment scoffed at fears chemical weapons, of biological weap- relations with China are pressing for a bill that amending the bill would doom the larg- er bill this year. ‘‘To say we cannot amend a ons and of long-range missiles. And free of amendments. Those supporters say there is not enough time before Election Day bill that has been passed by the House would what do we hear as a defense against be the height of irresponsibility,’’ said Sen- addressing such dangerous and diaboli- to reconcile an amended Senate bill with the version that the House passed in May. ator Kay Bailey Hutchison, Republican of cal behavior? We hear the tepid, water- At a White House meeting with Congres- Texas. logged response that such action we sional leaders today, Mr. Clinton urged But amendment critics, including farm- might take would endanger passage of speedy approval of an unamended bill. The state Republicans, said it was senseless to this trade bill. measure is one of his top remaining foreign jeopardize a trade bill that would lower bar- I have been in legislative bodies for policy goals and a necessary step for Amer- riers to China’s vast markets. ‘‘Approval for this bill will keep the United States eco- 54 years, Mr. President. This is the ican companies to benefit fully from a deal reached last year by the United States and nomically and diplomatically engaged with first time I have ever seen anything one-fifth of the world’s population,’’ said such as this. When I was in the House China that paves the way for China’s entry into the World Trade Organization. That 135- Senator Pat Roberts, Republican of Kansas. of Delegates in West Virginia, I ob- member trade group sets rules for global ‘‘I cannot support a redundant and counter- jected to being bound by a caucus, and commerce. productive amendment that would effec- I have never yet intended to be bound At issue is an amendment sponsored by tively kill this legislation.’’ by any cabal or any commitment that, Senators Fred Thompson, Republican of Ten- Mr. BYRD. Mr. President, I close by regardless of what the merits may be nessee, and Robert G. Torricelli, Democrat of thanking Senator ROTH, Senator MOY- on a given amendment, we will vote New Jersey, that would impose sanctions on NIHAN, and other Senators who have against it. I have never seen that hap- Chinese companies if they were caught ex- been so considerate and courteous. I porting nuclear, chemical or biological weap- yield the floor. pen. I have never been one to believe in ons or long-range missiles. that approach. Defense Secretary William S. Cohen; Mr. ROTH. Mr. President, I spoke at I say to my friend from South Caro- Treasury Secretary Lawrence H. Summers; length about my opposition to the lina, Senator HOLLINGS, the world’s Mr. Clinton’s national security adviser, Sam- Thompson amendment on Monday. But greatest deliberative body is quaking uel R. Berger; and the United States trade I want to briefly reiterate that I be- and wringing its hands over an amend- representative, Charlene Barshefsky, began lieve this amendment, while well-in- ment that would send a shot over the telephoning senators today, arguing that the tentioned, is seriously flawed. In par- bow of the rogue elephant behavior of amendment would not only imperil the trade ticular, this legislation relies on uni- bill, but would also actually hamper Amer- lateral sanctions that are too widely the Chinese. ican efforts to combat the spread of sophisti- We tremble at the thought of Chinese cated weaponry. drawn and too loosely conceived to displeasure. Our lips quiver at the Senate aides negotiated the timing of prove effective in countering prolifera- thought of displeasing big business or votes. Senators could take up Mr. Thomp- tion. In a global economy, shutting off

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8468 CONGRESSIONAL RECORD — SENATE September 13, 2000 Chinese and Russian access to Amer- exercise of the President’s prosecu- my colleague and friend from North ican goods, agricultural and capital torial discretion. Carolina is to be recognized to offer an markets will not change Chinese or Proliferation is a matter of vital na- amendment at this juncture. I have Russian behavior. Indeed, such actions tional interest. I applaud my friend had a brief discussion with my col- would isolate the United States, not from Tennessee for raising this issue, league from North Carolina. I don’t China, giving our competitors an open and I hope he will continue his work in know whether I need to ask unanimous road to the world’s biggest nation and this critical area next year, when I consent to proceed for 5 minutes prior fastest-growing market. hope we can come to agreement on a to Senator HELMS being recognized or And make no mistake about it: measure that will gain the support of not in order to achieve that result. though there have been changes to the an overwhelming majority of this May I inquire what is the parliamen- bill to reduce the impact on farmers, Chamber. But I must urge all my col- tary situation? virtually every member of the farming leagues to join me in opposing the The PRESIDING OFFICER. Recogni- community—from the Alabama Farm- Thompson amendment. tion of the Senator from North Caro- ers Federation to the National Chicken Mr. President, I move to table the lina is to occur at 2:30. The Senator Council—has said in a letter that they Thompson amendment No. 4132, and I from Connecticut has the floor. are absolutely against the Thompson ask for the yeas and nays. Mr. DODD. I thank the Chair. amendment. Moreover, for the first The PRESIDING OFFICER. Is there a Mrs. HUTCHISON. Will the Senator time, U.S. securities markets will be sufficient second? yield for a question? used as a sanctioning tool. That’s why There is a sufficient second. Mr. DODD. I am happy to yield. Alan Greenspan opposes this legisla- The question is on agreeing to the Mrs. HUTCHISON. Does the Senator tion. motion. The clerk will call the roll. from Connecticut need the full 10 min- The unilateral sanctions in this The legislative clerk called the roll. utes? I wanted to speak for a few min- amendment are also indiscriminate in Mr. NICKLES. I announce that the utes as in morning business if he didn’t their application and could be applied Senator from Washington (Mr. GORTON) need it all. to some of our closest allies, such as is necessarily absent. Mr. DODD. If the Chair will inform Germany, the United Kingdom, Italy, Mr. REID. I announce that the Sen- the Senator from Connecticut when 8 and France. Surely such actions will ator from Hawaii (Mr. AKAKA) and the minutes have transpired, I will leave a make future multilateral coopera- Senator from Connecticut (Mr. LIEBER- couple minutes for my friend from tion—which is absolutely essential to MAN) are necessarily absent. Texas. solving proliferation problems—far The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- more difficult. Another problem with GREGG). Are there any other Senators ator from Connecticut is recognized. this amendment is that even though in the Chamber desiring to vote? Mr. DODD. Mr. President, I intended the President is theoretically able to The result was announced—yeas 65, to offer these remarks prior to the con- waive sanctions, Congress gains the nays 32, as follows: sideration of the Thompson-Torricelli power to overturn the President’s [Rollcall Vote No. 242 Leg.] amendment, but time did not permit it. I am pleased with the outcome of the waiver through a procedure exactly the YEAS—65 same as the counterproductive one we vote in this Chamber regarding the Allard Durbin Lincoln Thompson amendment. I do regret, in a currently use in annually renewing Baucus Edwards Lugar normal trade relations with China. Bayh Enzi Mack sense, that we had to take the vote. I In addition, the evidentiary standard Bennett Feinstein Miller am concerned that the powers that be used to trigger sanctions, one of ‘‘cred- Biden Fitzgerald Moynihan in the People’s Republic of China, or Bingaman Graham ible information,’’ is too low. Surely, Murkowski elsewhere, may misread the vote as Bond Gramm Murray critical national security actions Boxer Grams Nickles somehow rejection of our concern on Breaux Grassley should be based on a higher standard, Reed the issue of nuclear proliferation. Brownback Hagel Reid especially when they are could very Bryan Harkin Nothing could be further from the Robb well be applied to our closest allies. It Burns Hatch truth. This vote that occurred is obvi- also appears that the Thompson Campbell Inouye Roberts ously one where most of us felt very Rockefeller amendment could have a disastrous ef- Chafee, L. Jeffords deeply that the underlying agreement Cleland Johnson Roth fect on our Cooperative Threat Reduc- Cochran Kennedy Schumer is of critical importance, as is the sub- tion Program—better known as the Craig Kerrey Smith (OR) ject matter of the amendment offered Nunn-Lugar Program—with Russia and Crapo Kerry Stevens by our friends and colleagues from Ten- Daschle Landrieu Thomas Russian entities. Dodd Lautenberg Voinovich nessee and New Jersey. But it is the Section 4 of the Thompson amend- Domenici Leahy Warner strong view of many of us that this was ment contains language that would ban Dorgan Levin Wyden an unrelated matter and the amend- Nunn-Lugar assistance to any Russian NAYS—32 ment, as drawn, was flawed in several entity identified in the report required Abraham Hollings Sarbanes respects. by the amendment of the President. Ashcroft Hutchinson Sessions Specifically, the amendment called And so this amendment could actually Bunning Hutchison Shelby for the imposition of unilateral sanc- have the perverse effect of decreasing Byrd Inhofe Smith (NH) tions against the People’s Republic of Collins Kohl Snowe our ability to stem proliferation prob- Conrad Kyl China, Russia, and North Korea for lems in Russia. The Thompson amend- Specter DeWine Lott Thompson past and prospective proliferation ac- ment also raises serious constitutional Feingold McCain Thurmond tivities. Although the amendment did Frist McConnell concerns. For example, Congress’ dis- Torricelli give the President the authority to Gregg Mikulski Wellstone approval of the President’s determina- Helms Santorum waive these sanctions under certain tion could result in severe sanctions circumstances, it also provides for the NOT VOTING—3 against persons for actions that were congressional challenge of the Presi- perfectly legal when taken. The ex post Akaka Gorton Lieberman dent’s use of that authority under ex- facto effect raises serious due process The motion was agreed to. pedited procedures. Clearly, the issue questions. The standard of proof, which Mr. ROTH. Mr. President, I move to the sponsors sought to address in this could result in sanctions against indi- reconsider the vote. amendment is a deeply serious one, vidual U.S. citizens based on sus- Mr. MOYNIHAN. I move to lay that with significant national security and picions, rather than proof, raises sepa- motion on the table. foreign policy implications. rate due process concerns. The congres- The motion to lay on the table was I, for one, would not attempt to stand sional disapproval procedures raise sep- agreed to. here and argue that the People’s Re- aration of powers problems. In revers- The PRESIDING OFFICER. The Sen- public of China, or North Korea, or ing the President’s determinations re- ator from Connecticut. Russia, or several other nations for garding sanctions, Congress will, in ef- Mr. DODD. Mr. President, parliamen- that matter, have always steadfastly fect, implicitly be second-guessing the tary inquiry: I think under the order, adhered to the international standards

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8469 set forth in the existing multilateral or could hurt, our foreign policy, eco- them—several of us have highlighted nonproliferation agreements and arms nomic, and technological interests. We the abhorrent human rights record of control regimes. Nor would I suggest must ensure that only those who traf- the Communist Chinese Government. that China does not have the same ob- fic in arms are affected by those sanc- China’s practice of forcing its women ligations that every other nation has tions. citizens to submit to abortions and/or to ensure that its exports of sensitive Proliferation is a very delicate and sterilization—usually both—is not only nuclear weapons-related technology to complex issue that affects our eco- revolting; it is shameful, because it is a North Korea, Iran, Libya, and other nomic and foreign policy agendas. En- practice that has been repeatedly docu- states seeking to acquire such dan- suring the fullest cooperation of all the mented for 20 years now. In fact, the gerous weapons capability cease to major participants in this sector is by most recent State Department Human occur. its very nature a dynamic process with Rights Report on China contains a de- I do wonder, however, whether the significant diplomatic ramifications. tailed account of the cruel, coercive underlying legislation is the appro- Attempting to legislate the mechanics measures used by Chinese officials, priate place to be having a debate of this effort is akin to attempting to such as forced abortion, forced steri- about an issue that is, after all, a glob- perform brain surgery with a hacksaw, lization, and detention of those who al problem that goes well beyond our in my view. even dare to resist this inhumane trade relations with one nation. China has problems—serious ones— treatment. Nor is the is problem likely to be with proliferation. Nobody here is My pending amendment proposes to solved by our simply legislating sanc- going to claim that China is a benevo- put the Senate on record as con- tions against one country or another. lent democracy, and I am sure we all demning the Chinese dictatorship’s This is a multilateral problem that agree that there is much China must barbaric treatment of its own people. isn’t going to be contained without do to meet the standards we expect of Although the Politburo of the Chi- meaningful cooperation and the in- civilized nations who are going to join nese Communist Party officially says— volvement of all nations with a stake the World Trade Organization. Yet, I and I say absurdly says, and they say in containing the spread of nuclear also believe we should recognize that it—that forced abortion has no role in weapons and other weapons of mass de- there has been some positive move- China’s population control, it is, to the struction. ment in this area. contrary, a known fact that the Chi- I am also fearful that whichever way Recent efforts at U.S. engagement nese Government does indeed, abso- the vote turned out—and in this case it have resulted in China joining a num- lutely, and without question, force was defeated—it will be misinterpreted ber of major multilateral arms control women to submit to forced abortion by those who want to believe that the regimes in assisting us to defuse a nu- and to sterilization. Communist Chi- U.S., and specifically the U.S. Senate, clear crisis on the Korean peninsula, nese authorities strictly enforce birth does not care about the issue of nuclear and in participating constructively in quotas imposed on its citizens. They proliferation, and therefore potential international efforts to contain the es- pay rewards to informants tattling on proliferators are free to do whatever calating arms race between India and the women for having more than one they want. Pakistan. child while making certain that local I don’t believe that is an accurate How can we build on that progress? population control officials using coer- nor wise message to be sending. Nor do Are we going to do it by denying China cion are left absolutely unrestrained in I think it serves to further inter- PNTR or mandating the imposition of the way they conduct themselves. national nuclear nonproliferation co- unilateral sanctions? Surely, there has For example, I have in hand reports operation. to be a better way to encourage addi- of this cruel situation from many Chi- As to the specifics of the amendment tional cooperation from Chinese au- nese citizens. I received this informa- just adopted, I am puzzled by how the thorities in this area. tion in my capacity as chairman of the sponsors have chosen to approach what I respectfully suggest that the Senate Foreign Relations Committee. is, after all, a global problem. They Thompson amendment should not be These citizens have witnessed firsthand have chosen to single out three coun- misinterpreted because, as important countless episodes of this bloody cru- tries—China, Russia, and North as it is, it would be misguided, in my elty. A defector from China’s popu- Korea—for their participation in pro- view, to include it as was attempted in lation control program testified before liferation activities, while effectively this particular legislation. There is a a House International Relations Com- ignoring similar actions taken by other far greater chance that we are going to mittee hearing in June a couple of smaller nations. The list is much larg- get the kind of cooperation as a result years ago that the Central Government er than those three nations. Any action of China being a part of the World policy in China strongly encourages taken should be global in its focus. Trade Organization than isolating local officials to use every conceivable I also don’t understand why our ex- them further. coercive tactic in enforcing the one- isting nuclear nonproliferation laws I hope we will have another oppor- child policy. They have described to me don’t provide at least what I believe for tunity to address the proliferation in person the results of women crying the time being sufficient authority to issue. It is one that needs to be ad- and begging for mercy simply because the President to respond accordingly to dressed. This would have been the they were prepared to deliver a child. violations of international non- wrong place. Furthermore, Communist China’s proliferation standards by China or any (The remarks of Mrs. HUTCHISON are population control officials routinely other potential exporter. located in today’s RECORD under punish women who have conceived a These laws include: the Arms Control ‘‘Morning Business.’’) child without Government authoriza- and Disarmament Act, Arms Export The PRESIDING OFFICER. Under tion. They subject the women to ex- Control Act, International Emergency the previous order, the Senator from treme psychological pressures, enor- Economic Powers Act, Export Adminis- North Carolina is recognized. mous fines which they can’t possibly tration Act, Chemical and Biological Mr. HELMS. Mr. President, I ask pay, along with the loss of their jobs, Weapons Control Elimination Act, unanimous consent that it be in order and with all sorts of other physical Iran-Iraq Nonproliferation Act, Nu- for me to deliver my remarks seated at threats. clear Proliferation Prevention Act, and my desk. If women in China dare to resist the the Iran Proliferation Act of 2000. The PRESIDING OFFICER. Without population control policy on religious These laws cover a full range of dan- objection, it is so ordered. grounds, they have to confront espe- gerous proliferation activities. Mr. HELMS. I thank the Chair. cially gruesome punishment. Amnesty The mechanics of the amendment AMENDMENT NO. 4128 International reported to us, and pub- just rejected also gave me great pause. Mr. HELMS. Mr. President, during licly, that Catholic women in two vil- The low evidentiary standards in the the course of the Senate’s consider- lages were subjected to torture, to sex- amendment could automatically trig- ation of handing China the permanent ual abuse, and to the detention of their ger a number of mandatory unilateral most favored nation status—that is relatives for daring to resist China’s sanctions that would ultimately hurt, what it amounts to; just giving it to population program.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8470 CONGRESSIONAL RECORD — SENATE September 13, 2000 Very credible reports indicate that if At the end of the bill, insert the following: Mr. HELMS. Mr. President, I simply ‘‘these’’ methods aren’t enough to con- SEC. 702. SENSE OF CONGRESS REGARDING want to inquire about how much time vince women in China to abide by the FORCED ABORTIONS IN CHINA. I have remaining on my side. (a) FINDINGS.—Congress makes the fol- regime’s population control program, lowing findings: The PRESIDING OFFICER. The Sen- forced abortions are carried out pub- (1) Forced abortion was rightly denounced ator has 21 minutes. licly in the very late stages of preg- as a crime against humanity by the Nurem- Mr. HELMS. I thank the Chair. I nancy. berg War Crimes Tribunal. yield the floor. I think it was back in 1994 when it (2) For more than 18 years there have been The PRESIDING OFFICER. The Sen- began. Since that time, forced abortion frequent, consistent, and credible reports of ator from Delaware. has been used in Communist China not forced abortion and forced sterilization in Mr. ROTH. Mr. President, I suggest only to regulate the number of children the People’s Republic of China. These reports the absence of a quorum. indicate the following: born but under the policy known as the (A) Although it is the stated position of The PRESIDING OFFICER. The ‘‘Natal and Health Care Law,’’ preg- the politburo of the Chinese Communist clerk will call the roll. nancies are terminated on a mandatory Party that forced abortion has no role in the The assistant legislative clerk pro- basis if a Government bureaucrat arbi- population control program, in fact the Com- ceeded to call the roll. trarily declares that an unborn child is munist Chinese Government encourages Mr. HELMS. Mr. President, I ask defective. Nobody checks on him. He forced abortion and forced sterilization unanimous consent that the order for doesn’t have to present any evidence. through a combination of strictly enforced the quorum call be rescinded. birth quotas, rewards for informants, and The PRESIDING OFFICER. Without He just says the child is defective. That impunity for local population control offi- is it. cials who engage in coercion. objection, it is so ordered. I believe it is common knowledge (B) A recent defector from the population Mr. HELMS. Mr. President, I ask that I am a resolute defender of the control program, testifying at a congres- unanimous consent it be in order for sanctity of life. I have tried to do that sional hearing on June 10, 1998, made clear me to request and to receive a rollcall ever since I have been a Senator, and that central government policy in China on the pending amendment. prior to that time. But the pending strongly encourages local officials to use co- Mr. ROTH. Reserving the right to ob- ercive methods. ject, I think the hope is that we will amendment is not merely about life; it (C) Population control officials of the Peo- seems to me it is about liberty. Bu- ple’s Republic of China, in cooperation with set the vote aside and have several reaucrats terrorizing women into un- employers and works unit officials, routinely votes later. wanted abortions or medical operations monitor women’s menstrual cycles and sub- Mr. HELMS. Do I have the floor? permanently depriving them of their ject women who conceive without govern- The PRESIDING OFFICER. The Sen- capability to have children, it seems to ment authorization to extreme psychological ator from North Carolina has the floor. me, is the ultimate appalling affront to pressure, to harsh economic sanctions, in- Mr. HELMS. I say to the distin- freedom. cluding unpayable fines and loss of employ- guished chairman that I am aware of ment, and often to physical punishment. that and I favor it. However, I do want My pending amendment urges the (D) Especially harsh punishments have President to ask the Chinese Govern- been inflicted on those whose resistance is to get the yeas and nays on my amend- ment to stop this ungodly practice. My motivated by religion. According to a 1995 ment. The scheduling of a whole series amendment also calls on the President Amnesty International report, the Catholic of amendments suits me just fine. to urge the Chinese Government to inhabitants of 2 villages in Hebei Province Mr. ROTH. We join the Senator in stop putting Chinese women in jail were subjected to enforcement measures in- asking for the yeas and nays. whose crime is resisting abortion of a cluding torture, sexual abuse, and the deten- The PRESIDING OFFICER. Is there a tion of resisters’ relatives as hostages. child or sterilization. sufficient second? (E) Forced abortions in Communist China There is a sufficient second. I think this is a modest measure. It often have taken place in the very late doesn’t condition PNTR on China’s stages of pregnancy, including numerous ex- The yeas and nays were ordered. Government changing its abhorrent be- amples of actual infanticide. Mr. HELMS. I thank the Chair. havior. It simply asks the President of (F) Since 1994 forced abortion has been The PRESIDING OFFICER. The Sen- the United States to say to the Chinese used in Communist China not only to regu- ator from Delaware. that we want to defend the rights of late the number of children, but also to de- Mr. ROTH. Mr. President, I rise in women in China and ask the Chinese stroy those who are regarded as defective be- opposition to this amendment. China’s cause of physical or mental disabilities in record on family planning and its use officials to see that that happens. accordance with the official eugenic policy The question that comes to my mind known as the ‘‘Natal and Health Care Law’’. of forced abortion is indefensible. The is, Can the Senate proceed to award (3) According to every annual State De- country’s policy violates the most fun- China with permanent trade privileges partment Country Report on Human Rights damental human rights. That is why while refusing to express our revulsion Practices for the People’s Republic of China the United States does not contribute at a basic violation of women’s free- since 1983, Chinese officials have used coer- funds directly or indirectly to China’s dom? cive measures such as forced abortion, forced family planning programs. The amendment I shall propose and sterilization, and detention of resisters. My good friend and distinguished col- (b) SENSE OF CONGRESS.—It is the sense of call up in just a moment will not at all Congress that— league from North Carolina is to be endanger passage of PNTR. We need (1) the President should urge the People’s commended for bringing the matter of not worry about that. I don’t think Republic of China to cease its forced abor- Chinese forced abortions to our atten- PNTR ought to be approved at this tion and forced sterilization policies and tion. I do not oppose his amendment on time. But this amendment will not for- practices; and its merits. I only oppose it as an bid or do any danger to the enactment (2) the President should urge the People’s amendment to H.R. 4444. of PNTR. It will simply be a matter of Republic of China to cease its detention of As I said, if PNTR is amended, a con- those who resist abortion or sterilization. the Senate doing and saying the right ference and another round of votes on thing before it happens. Mr. HELMS. I thank the clerk. I H.R. 4444 will be necessary, likely de- thank the Chair. AMENDMENT NO. 4128 stroying any chance for PNTR. There- I ask for the yeas and nays. I don’t fore, I must ask that my colleagues (Purpose: To express the Sense of Congress believe I will be able to get them at join me in voting against this amend- regarding forced abortions in the People’s this moment. Republic of China) I suggest the absence of a quorum. ment. Mr. HELMS. Mr. President, I now The PRESIDING OFFICER. The The PRESIDING OFFICER. If no one call up amendment No. 4128. clerk will call the roll. yields time, time will be equally The PRESIDING OFFICER. The The assistant legislative clerk pro- charged on both sides. clerk will report. ceeded to call the roll. Mr. HELMS. Mr. President, we have The assistant legislative clerk read Mr. HELMS. Mr. President, I ask a Senator on the way to the Chamber as follows: unanimous consent that the order for to speak on the pending amendment. I The Senator from North Carolina (Mr. the quorum call be rescinded. suggest, to save time, the pending HELMS) proposes an amendment numbered The PRESIDING OFFICER. Without amendment be laid aside temporarily 4128: objection, it is so ordered. so I can call up a second amendment.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8471 The PRESIDING OFFICER. Is the (8) At the forum banquet, Chinese Premier ical change in China, and the only way Senator making a unanimous consent Zhu Rongji lashed out at the United States we can help that desired achievement request? for defending Taiwan. is to do as the amendment proposes. Mr. HELMS. Mr. President, I ask (9) On June 5, 2000, China’s number two phone company, Unicom, broke an agree- I have always been skeptical about unanimous consent—and I hope every- ment with the Qualcomm Corporation by this because businesses are not in the one will agree to the unanimous con- confirming that it will not use mobile-phone business of expanding democracy. I am sent—to lay aside the pending amend- technology designed by Qualcomm for at not going to comment on what the ment. least 3 years, causing a sharp sell off of the businesses support in PNTR and the The PRESIDING OFFICER. Without United States company’s stock. (10) When the Taiwanese pop singer Ah- way it is being supported. Be that as it objection, it is so ordered. may, businesses exist, quite frankly, to Mr. HELMS. Mr. President, I wish to mei, who appeared in advertisements for Sprite in China, agreed to sing Taiwan’s na- make money. I certainly have no prob- renew my request that it be in order tional anthem at Taiwan’s May 20, 2000, pres- lem with that. But let’s be honest on for me to be seated during the presen- idential inauguration, Chinese authorities the process of what we are doing here tation of my remarks. immediately notified the Coca-Cola company in this Senate Chamber. American The PRESIDING OFFICER. Without that its Ah-mei Sprite ads would be banned. businesses, even if viewed in the most objection, it is so ordered. (11) The company’s director of media rela- tions said that the Coca-Cola Company was charitable light, are not likely to lift a AMENDMENT NO. 4123 ‘‘unhappy’’ about the ban, but ‘‘as a local finger to promote democracy in China. (Purpose: To require the Secretary of Com- business, would respect the authority of Unfortunately, it is difficult to view merce to consult with leaders of American local regulators and we will abide by their some of the American businesses chari- businesses to encourage them to adopt a decisions’’. tably when we examine their attitude code of conduct for doing business in the (12) In 1998, Apple Computer voluntarily re- People’s Republic of China) toward China. If I step on some toes moved images of the Dalai Lama from its here, I am sorry, but I believe I must Mr. HELMS. Mr. President, I call up ‘‘Think Different’’ ads in Hong Kong, stating have my say for the benefit of the Sen- amendment No. 4123 and ask it be stat- at the time that ‘‘where there are political ed. sensitivities, we did not want to offend any- ate. The PRESIDING OFFICER. The one’’. The powerful lure of potential huge clerk will report. (13) In 1997, the Massachusetts-based Inter- Chinese markets has obviously clouded net firm, Prodigy, landed an investment con- the judgment of some of our top com- The assistant legislative clerk read tract in China by agreeing to comply with as follows: China’s Internet rules which provide for cen- panies and some of their executives. The Senator from North Carolina [Mr. soring any political information deemed un- With regret, I have concluded that HELMS], proposes an amendment numbered acceptable to the Communist government. some of America’s top businesses have 4123. (b) SENSE OF SENATE.—It is the sense of been willing to supplicate to the Com- At the end of the bill, insert the following: Senate that in order for the presence of munist Government of China, hoping SEC. ll. CODE OF CONDUCT FOR BUSINESSES. United States businesses to truly foster po- that the Chinese Government will litical liberalization in China, those busi- (a) FINDINGS.—Congress makes the fol- nesses must conduct themselves in a manner allow them someday to make a profit lowing findings: there. (1) The Chief Executive of Viacom media that reflects basic American values of de- corporation told the Fortune Global Forum, mocracy, individual liberty, and justice. I want the Senate to consider the fol- (c) CONSULTATION REQUIRED.—Not later a gathering of hundreds of corporate leaders than 90 days after the date of enactment of lowing statements and actions by in Shanghai to celebrate the 50th anniver- this Act, the Secretary of Commerce shall American businesses in China, which sary of communism in China in September consult with American businesses that do are stated as findings in the pending 1999, that Western media groups ‘‘should business in, have significant trade with, or amendment: avoid being unnecessarily offensive to the invest in the People’s Republic of China, to Chinese government. We want to do business. encourage the businesses to adopt a vol- No. 1, the chief executive of Viacom We cannot succeed in China without being a untary code of conduct that— media corporation told the Fortune friend of the Chinese people and the Chinese (1) follows internationally recognized Global Forum, a September 1999 gath- government.’’. human rights principles, including freedom ering of hundreds of corporate leaders (2) The owner of Fox and Star TV networks of expression and democratic governance; in Shanghai gathered to celebrate—get has gained favor with the Chinese leadership (2) ensures that the employment of Chinese this—the 50th anniversary of com- in part by dropping programming and pub- citizens is not discriminatory in terms of lishing deals that offend the Communist munism in China—They gathered to sex, ethnic origin, or political belief; celebrate the fact that western media Government of China, including the book by (3) ensures that no convict, forced, or in- the last British Governor of Hong Kong. dentured labor is knowingly used; groups, ‘‘should avoid being unneces- (3) The Chief Executive of Time Warner, (4) supports the principle of a free market sarily offensive to the Chinese Govern- which owns the Fortune company that orga- economy and ownership of private property; ment.’’ nized the Global Forum, called Jiang Zemin (5) recognizes the rights of workers to free- No. 2, the owner of Fox and Star TV his ‘‘good friend’’ as he introduced Jiang to ly organize and bargain collectively; and make the keynote speech at the conference. (6) discourages mandatory political indoc- networks has repeatedly gained favor Jiang went on to threaten force against Tai- trination on business premises. with the Chinese leadership by drop- wan and to warn that comments by the West ping programming and publishing deals on China’s abysmal human rights record Mr. HELMS. Mr. President, the pend- ing amendment proposes that the Sec- that offend the Communist Govern- were not welcome. ment of China, including a book writ- (4) The Chief Executive of American Inter- retary of Commerce be requested to national Group was reported to be so effusive consult with American businesses on ten by the last British Governor of in his praise of China’s economic progress at drafting and adopting a voluntary code Hong Kong. the Global Forum that one Chinese official of conduct for doing business in China. No. 3, the Chief Executive of Amer- described his remarks as ‘‘not realistic’’. Such a voluntary code of conduct ican International Group was reported (5) The founder of Cable News Network, would follow internationally recog- one of the world’s richest men, told the Glob- to be so effusive in his praise of China’s al Forum that ‘‘I am a socialist at heart.’’. nized human rights, work against dis- economic progress at this global forum (6) During the Global Forum, Chinese lead- crimination and forced labor, support that one Communist Chinese official ers banned an issue of Time magazine (owned the principles of free enterprise and the described the remarks as ‘‘not real- by Time-Warner, the host of the Global rights of workers to organize, and dis- istic.’’ Forum) marking the 50th anniversary of courage mandatory political indoc- No. 4, the founder of CNN, one of the communism in China, because the issue in- trination in the workplace. cluded commentaries by dissidents Wei The purpose of this amendment is world’s wealthiest men, proudly told Jingsheng, Wang Dan, and the Dalai Lama. this: So often in this debate, the argu- the global forum, ‘‘I am a socialist at China also blocked the web sites of Time ment has been advanced that only by heart.’’ Warner’s Fortune magazine and CNN. (7) Chinese officials denied Fortune the exposing the Chinese Government and No. 5, in 1998, Apple Computer volun- right to invite Chinese participants to the the Chinese people to our values tarily removed images of the Dalai Global Forum and instead padded the guest through expanded trade and invest- Lama from its ‘‘Think Different’’ ads list with managers of state-run firms. ment can we hope to bring about polit- in Hong Kong, stating at the time,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8472 CONGRESSIONAL RECORD — SENATE September 13, 2000 ‘‘Where there are political sensitivi- American businesses truly purports to Mr. SMITH of New Hampshire. Mr. ties, we did not want to offend any- aid in bringing democracy to China, President, I am proud to stand in sup- one.’’ then those businesses, it seems to me, port of the Helms amendment. On Au- No. 7, in 1997, the Massachusetts- must conduct themselves in a manner gust 24 of this year, publications all based Internet firm, Prodigy, landed an reflecting basic American values—such around the world ran headlines very investment contract in China by agree- as individual liberty and free expres- similar to this: ing to comply with China’s Internet sion and free enterprise. Chinese kill baby to enforce birth rule. rules which provide for censoring any That is what the pending amend- The article went on to describe how political information—now get this— ment’s voluntary—and I repeat vol- five Chinese Government officials ‘‘deemed unacceptable to the Com- untary—code of conduct calls for. Of intruded into the home of a woman munist government.’’ course, I realize that some American who had given birth against the state’s I am forced to wonder if some of our firms have already adopted their own oppressive ‘‘one child’’ policy. They business leaders understand what they ethical rules and codes for inter- waited in her living room until she re- are doing when they make such state- national business, but they generally turned from the hospital. When she ar- ments and make such decisions. Obvi- are limited, narrow business practices, rived, the officials ripped the baby boy ously, they are trying to curry favor don’t you see, and certainly have not from her arms where—to the horror of with the Communist Government of prevented the sort of kowtowing to his mother and onlookers—they walked China in which they aim to do busi- China’s ruling Communists whom I outside to a rice paddy and drowned ness. But isn’t there a limit to what have just described. the child in front of his parents’ eyes. they would do to accomplish what they The point is this, and I will conclude. A wave of anger obviously enveloped seek? To say things that are so clearly I fail to see any reason on the face of this small township in the following untrue, or to agree to self-censorship the Earth why the Senate should not hours of the child’s murder. However, when some of them are in the media take this step at least before con- this is China. Villagers are kept from business, it seems to me, undermines cluding that trade will automatically speaking out against this atrocity, and the ultimate goal of these companies— bring democracy to Communist China. their higher profits—by legitimizing a Mr. President, before I yield the they find themselves in a terrible state Communist government that mani- floor, let me request, by the same of unified silence as a fear of retribu- festly does not even believe in the free method as previously, that I be granted tion, harm, or even death for their own enterprise system. the yeas and nays on this amendment. families settles upon them. In any event, some U.S. businesses The PRESIDING OFFICER. Is there This is the China to which we are certainly did not seem to get a very objection? Without objection, it is so giving permanent trade status with good return on their investment of ordered. this bill. I find it unbelievable that we goodwill. Just consider how the Chi- The yeas and nays were ordered. cannot get these kinds of human rights nese Government repaid Time-Warner, The PRESIDING OFFICER (Mr. atrocities addressed in this permanent for example. At the very moment that CRAPO). The Senator from New Hamp- normal trade relations bill for China. Time-Warner was sponsoring a con- shire. We are saying this is fine, we will ig- nore it, not talk about it, as long as we ference in Shanghai for American busi- AMENDMENT NO. 4128 ness leaders to celebrate the 50th anni- Mr. SMITH of New Hampshire. Mr. can sell them wheat, corn, whatever, versary of Chinese communism, Chi- President, I ask unanimous consent to and make money. So we can ignore nese leaders banned the then-current return to the Helms amendment No. this. issue of Time magazine, which is 4128. I am the first to admit we cannot in- owned, of course, by Time-Warner. The PRESIDING OFFICER. Without trude, unfortunately, into the policies They removed it from the Chinese news objection, it is so ordered. of the Government of China, but we stands—because of what? Because that Mr. SMITH of New Hampshire. Mr. can make known these policies to the issue happened to include com- President, how much time is remaining world and we can say as a nation, sup- mentaries by some Chinese dissidents on the amendment—on Senator HELMS’ posedly the moral leader of the world, and by the Dalai Lama. Then China time? that this is wrong. blocked the web sites of Time Warner’s The PRESIDING OFFICER. The Sen- I am proud of Senator HELMS for Fortune magazine, as well as CNN, the ator from North Carolina retains 20 bringing this to the attention of the founder of which is a self-described so- minutes. Senate during this debate, and I cannot cialist. I didn’t say it; he said it. Mr. SMITH of New Hampshire. Mr. understand, for the life of me, why we Chinese officials denied the con- President, I ask the Senator from cannot allow simple sense-of-the-Sen- ference organizers the right to invite North Carolina, if he desires to finish ate language to this permanent normal certain Chinese participants to the the debate on this, please interrupt me trade relations bill in an effort to stop forum. Instead, the Chinese leaders and I will be happy to yield to him. this horrible, barbaric behavior. padded the guest list with managers Mr. HELMS. Inasmuch as the Chair The Helms amendment simply ex- of—what? Chinese-run firms. has yielded me the right to comment presses the sense of Congress that, one, That is the way they do business over from my seat at my desk, let me say I Congress should urge China to cease its there. That is the crowd that every- yield all the time to the Senator that forced abortion and forced sterilization body in this country seems to be clam- he requires. policies, and two, the President should oring to bow and scrape to. The PRESIDING OFFICER. The Sen- urge China to cease its detention of I have to say this for the Chinese ator is recognized. those who resist abortion and steriliza- leaders: at least they stood up at the Mr. SMITH of New Hampshire. Mr. tion. It is a good amendment. There is banquet at the conclusion of the con- President, let me take the opportunity nothing wrong with this amendment. It ference and harshly lashed out at the to say again publicly on this floor to is fair and it is reasonable. United States for daring to speak the Senator from North Carolina what In addition, I also believe that Chi- about human rights while in Com- an honor it is to serve with him and to nese women should have the right to munist China, and for defending demo- know him as a friend. He is one of the choose. It is interesting, those who cratic Taiwan, of course. finest people I have ever met in my have been the strongest proponents of So I wonder if our corporate execu- life. I don’t say that lightly. There are abortion in this Chamber—when it tives woke up the next morning feeling a lot of people, especially the unborn comes to a Chinese woman’s right to a little bit underappreciated. But even children of this world, who know who say, ‘‘I want to have my child,’’ the si- if they did not, one thing is for certain. has been carrying the torch here for lence is deafening. When a woman says, This type of attitude and conduct by children who cannot speak for them- ‘‘I have the right to choose to have an American businessmen will never, selves in the womb. They owe you a abortion,’’ they are out here in full never, never promote democracy in lot. We owe you a lot. I am proud to be force. A little inconsistency? China, let alone participate in causing here in the Senate with you. The point is, a Chinese woman is it to come about. If the presence of Mr. HELMS. I thank the Senator. told, in spite of the fact she wants to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8473 have her child, that she cannot, and Women who met the planned birth and killing babies— not only can she not have it, it is committee’s criteria were then issued a by the Chinese communist authorities’ bar- aborted forcefully. ‘‘birth allowance,’’ while those women baric planned-birth policy, but in the I had constituents, a young couple, a who did not meet the criteria were evening, I was like all other women and few months ago come to me. They were given ‘‘birth not allowed’’ notices. mothers, enjoying my life with my children. both Chinese. They had been visiting This is the country to which we are I could not live such a dual life anymore. America. She was about 5 or 6 months giving permanent normal trade rela- Here, to all those injured women, to all those children who were killed, I want to repent pregnant and was told if she went back tions. Senator HELMS is not forcing us and say sincerely that I’m sorry! I want to be to China the child was going to be to do anything except to put this lan- a real human being. It is also my sincere aborted. I turned all hands on deck to guage in the bill as a sense of the Sen- hope that what I describe here today can get that case resolved so they did not ate that alerts the world to this prac- lead you to give your attention to this issue, have to go back, and she did not go tice. That is all he is asking. We are so that you can extend your arms to save back. She had that child, now an Amer- told if we support Senator HELMS, we China’s women and children. ican citizen, born in freedom, but that are going to delay the passage of the Senator HELMS has fulfilled that child would have been aborted in China bill. So? Permanent is permanent. lady’s expectations by bringing this to against the wishes of the mother. We What are a few more days, hours, min- the attention of the Senate, the Amer- cannot even get this issue addressed utes? I venture to say, if we sent this ican people, and the world, on behalf of with sense-of-the-Senate language be- back to the House with the Helms lan- China’s women and children. fore we pass on the fast track perma- guage in it, it would take the House What is a real shame is, what the nent normal trade relations. about 5 minutes to approve it, and that Senator is asking here will be rejected There is so much talk about choice, would be the end of it. as we vote no. but the choice only runs one way— What they are really afraid of is of- Finally, Ms. Mao stated: when one is talking about the woman’s fending the Chinese—that is what this My conscience was always gnawing at my ‘‘right’’ to an abortion. When it comes is about—because we do not want to heart. to the right to choose to have her baby, lose the sales of our agricultural prod- You see, because the official religion silence. ucts. Sales of agricultural products are of the Chinese Government is atheism, It is a stated position of the Chinese more important than the lives of chil- as it is with all Communist regimes, Communist Party that forced abortion dren who are forcibly killed in front of their policies and officials do not have and forced sterilization have no role in their parents. If a woman is found to be to answer to any higher power except the population control program. In pregnant and does not possess a birth- to the state. There is no sense of mo- fact, the Chinese Communist Govern- allowed certificate, she is immediately rality behind their Government’s deci- ment encourages both forced abortion given an abortion, no matter how far sionmaking process. and forced sterilization. I emphasize along the pregnancy is. I repeat—no But let me ask a very poignant ques- ‘‘forced.’’ They accomplish this matter how far along the pregnancy is. tion. Is there a sense of our morality to through a combination of strictly en- Enforcement is a crucial component ignore it? What does it say about our forced birth quotas and immunity for of China’s planned parenthood policies. morality to say we will sell corn and local population control officials who Mandatory medical inspections for wheat and make a profit and ignore use coercion to force abortion. women of childbearing age is required. this? Why not say: Stop this and we Nobody really knows for sure how One can imagine the secrecy, trying to will sell you the corn and the wheat? many women undergo these abortions. hide the fact you are pregnant if you Isn’t that better? Aren’t we supposed We do not exactly have a population want to have the child, maybe even to be the moral leader? count on that score. Most women are keeping it from your own family, cer- When God is absent, human life is in- afraid to report. The numbers are kept tainly friends, relatives, for fear you valuable, isn’t it? It does not have secret. are going to be turned in to Big Broth- much meaning because we are children According to Harry Wu, the director er, Communist China Government. under God. If you do not believe that, of the Laogai Research Foundation, Those who fail to undertake these med- then life has no meaning other than who once lived in China and now mon- ical examinations at the preordained how it exists here on this Earth. itors and writes about his native home- time face jail and monetary fines. That is why you have forced abor- land, the city of Janjiang alone experi- Night raids to apprehend women in tions. That is why you have persecu- enced 1,141 forced abortions in one 9- violation of state policy are frequent. tion. That is why you have guns point- month period in 1997. Those were Where are the proponents of women’s ed at students’ heads. That is why you women who wanted to have their chil- rights on this debate? Why are they not have tanks poised to run over pro- dren and were forced to have an abor- standing with Senator HELMS? testers. tion. If the Chinese Government cannot lo- That is why you have harvested or- One can imagine the horror of the cate the woman, they will detain her gans. I talked about that this morning woman who has to go through that. I husband or her parent or anyone in her in my amendment, I say to Senator say with the greatest respect for those family until she comes forward and HELMS, which got 29 votes, including who disagree with the issue, where are surrenders to have that abortion. the Senator’s, for which I am very you today? If you are for a woman’s This is happening in China. Let’s not grateful. They also do that. That is an- right to choose to have an abortion, kid ourselves. Let’s not pretend it does other issue. China harvests organs—not why can you not be for a woman’s right not happen. It is happening in China. from willing donors—from prisoners not to have one? Why the silence? I want to read from Ms. Gao’s testi- who sometimes do nothing more than Where are the votes on this amend- mony in 1998. It is pretty compelling, protest against the state. They are exe- ment? and it is not pleasant. She said: cuted by being shot in the head, and I want to spend the next minute or Once I found a woman who was 9 months then organs are taken and sold for two telling about one brave woman pregnant but did not have her birth-allowed $30,000 apiece for a kidney, and the who dared to come out of Red China to certificate. According to the policy, she was money is given to the Chinese military. talk about this so-called planned birth forced to undergo an abortion surgery. In the We lost on that amendment, I say to operation room, I saw how the aborted policy. Her name is Ms. Gao. She testi- Senator HELMS, by a vote of 60-some- fied before the House Subcommittee on child’s lips were sucking, how its limbs were stretching. A physician injected poison into thing to 29. What does that say? That International Operations and Human its skull, and the child died and was thrown we are unwilling to send this back to Rights a couple of years ago. According into a trash can. To help a tyrant do evils the House for 5 or 10 minutes in con- to Ms. Gao, in order to successfully was not what I wanted . . . I could not live ference and pass it? carry out the policy, precise records of with this on my conscience. I, too, after all, That is why I am strongly supporting the women in her province were com- am a mother. this amendment by Senator HELMS. I piled, noting their names, births, mar- She goes on to say: am proud to support this amendment. I riages, pregnancies, reproductive cy- All of those 14 years, I was a monster in am proud to stand here on the floor of cles—all sorts of information. the daytime, injuring others— the Senate and say that this is wrong.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8474 CONGRESSIONAL RECORD — SENATE September 13, 2000 Sometimes you have to say things practices first implemented in the eighties government organs to check their work at whether you win the debate or not. persist to this day. Never before has this sys- any time. Sometimes it does not matter whether tem been exposed to the world in its en- To analyze informant materials submitted in accordance with the ‘‘informing system,’’ you win the debate or not; it is just tirely. In fact, up until this point, the Chi- nese government has been internationally and then put these cases on file for inves- having the debate that matters. applauded for its effective population control tigation. Some materials are not conclusive, His amendment would encourage the efforts. The Chinese government has always but planned-birth cadres are responsible for Chinese Government to stop this atroc- insisted that it uses only voluntary methods their villages, and to avoid being punished ity, to stop this barbaric act, to stop for controlling the amount of children born by their superiors and to receive the bonuses forcing abortion on unborn children into Chinese families. Unfortunately, the promised for meeting planned-birth goals. and forcing women to have those abor- evidence repeatedly contradicts this empty The cadres are under tremendous pressure tions. assertion. from the central and provisional regulations to carry out the policy. Even if the cadres It is not unreasonable to ask my col- CHINA’S POPULATION POLICY EXPOSED brutally infringe on human rights, there has Gao Xiao Duan, a former cadre in a leagues to support this amendment never been evidence of cadres being punished planned-birth office in Yonghe Town in which is vital to human rights in for their actions. China. It is vital to the rights of a Fujian Province, testified before the House Whenever the planned-birth office calls for woman and it is vital to the rights of a of Representatives Subcommittee on Inter- organizing ‘‘planned-birth supervision national Operations and Human Rights on teams,’’ the town head and communist party child. June 10, 1998, and exposed the system of op- Mr. President, I ask unanimous con- committee secretary will immediately order pression before a packed hearing room. Gao, all organizations—public security, court, fi- sent to have printed in the RECORD the still Chinese citizen, was employed as an ad- remarks from Harry Wu on forced abor- nance, economy—to select cadres and orga- ministrator at the Yonghe town planned- nize them into teams. They are then sent to tions in China. birth, where her job was to ‘‘work out and villages, either for routine door-to-door There being no objection, the mate- implement concrete measures pursuant to checking or for punishing of local violators. rial was ordered to be printed in the the documents of the Central Committee of Supervision teams are makeshift, and to RECORD, as follows: the Chinese Communist Party, and the State avoid leaks, cadres do not know the village Council on planned-birth.’’ In other words, FORCED ABORTION AND STERILIZATION IN to which they will be sent until the last she was to carry out the dictates of the com- CHINA—THE VIEW FROM INSIDE minute. Planned-birth supervision teams munist regime in accordance with the ‘‘One A BURGEONING POPULATION usually exercise night raids, encircling sus- child’’ policy. Her day-to-day duties were as pected households with lighting speed. It has been over twenty years since the follows: Should they fail to apprehend a woman vio- People’s Republic of China, which has 22% of To establish a computer data bank of all lator, they may take her husband, broth- the world’s population, began implementing women of child-bearing age in the town er(s), or parent(s) in lieu of the woman her- its population-control policy, or planned (10,000+ women), including their dates of self, and detain them in the planned-birth of- birth policy in mainland China. In the years birth, marriages, children, contraceptive fice’s detention room until the woman sur- following the 1949 victory of the Communist ring insertions, pregnancies, abortions, renders. They then would perform a steriliza- Party in the PRC, Communist leader Mao child-bearing capabilities, menstruation tion or abortion surgery on the woman viola- Zedong promoted population growth, regard- schedule, etc. tor. ing a large population as an asset for both To issue ‘‘birth allowance’’ certificates to Gao also outlined several policies that are production and security. In the most recent women who met the policy and regulations carried out in the wake of ‘‘planned-birth su- decades, as the focus of the Chinese govern- of the central and provincial planned-birth pervision’’. ment has shifted towards economic develop- committees, and are therefore allowed to House dismantling. No document explicitly ment, the Communist government has taken give birth to children. Without this certifi- allows dismantling of a violator’s house. To to blaming the cultural traditions of its own cate, women are not allowed to give birth to the best of her knowledge, however, this people for the population explosion. The children. Should a woman be found to be practice not only exits in Fujian Province, need to promote growth and combat the tra- pregnant without a certificate, abortion sur- but in rural areas of other provinces as well. ditions of large families became justifica- gery is performed immediately, regardless of Apprehending and detaining violators. tions for one of the most barbaric abuses of how many months she is pregnant. Most planned-birth offices in Fujian Prov- government power ever revealed: the infa- To issue ‘‘birth-not-allowed notices.’’ Such ince’s rural areas have their own detention mous ‘‘one child’’ policy. notices are sent to couples when the data facilities. In her town, the facility is right Since 1979 when the population-control pol- concludes that they do not meet the require- next door to her office. It has one room for icy was first implemented, it has been a top- ments of the policy, and are therefore not al- males and one room for females, each with a down system of control: the central govern- lowed to give birth. Such notices are made capacity of about 25–30 people. To arrest and ment establishes general policy guidelines, public, and the purpose of this is to make it detain violators, the planned-birth office and local governments institute and enforce know to everyone that the couple is in viola- does not need any consent by judicial or pub- specific directives and regulations to meet tion of the policy, therefore facilitating su- lic security institutions, because their ac- these guidelines. In addition to the original pervision of the couple. tions are independent of those organizations. one-child policy itself, the Marriage Law of To issue ‘‘birth control measures imple- Detainees pay Y8.00 per day for food. They 1980 requires the practice of family planning. mentation notices.’’ According to their spe- are not allowed to make phone calls, or to The law encourages the policy of late mar- cific data, every woman of child-bearing age mail letters. The majority of detainees are, riage and late birth, and sets the minimum is notified that she has to have contraceptive of course, either women who are pregnant marriage age at 22 years of age for men and device reliability and pregnancy examina- without ‘‘birth allowance certificates,’’ 20 years of age for women. Provincial regula- tions when necessary. Should she fail to women who are to be sterilized, or women tions enacted in the eighties established ar- present herself in a timely manner for these who have been slapped with monetary pen- tificial quotas, which planned birth cadres examinations, she will not only be forced to alties. As stated previously, if they do not were to enforce strictly. Leaders in Jiangxi, pay a monetary penalty, but the supervision apprehend the women themselves, they de- Yunnan, Fujian, and Shaanxi provinces, for team will apprehend her and force her to tain their family members until the women example, received orders to strictly limit the have such examinations. agree to the sterilization and abortion sur- number of births in excess of their author- To impose monetary penalties on those geries. ized targets by forcing women to have abor- who violate the provincial regulations. Sterilization. The proportion of women tions, euphemistically referred to as ‘‘taking Should they refuse to pay these penalties, sterilized after giving birth is extraor- remedial measures.’’ the supervision team members will appre- dinarily high. Sterilization can be replaced In May of 1991, the Chinese Communist hend and detail them as long as they do not with a ‘‘joint pledge,’’ with 5 guarantors Party Central Committee enacted the ‘‘Deci- pay. jointly pledging that the woman in case sion to Intensify Planned-Birth Work and To supervise ‘‘go-to-the-countryside cad- shall not be pregnant again. Much of the Strictly Control Population Growth.’’ This res.’’ The municipal planned-birth com- time, however, this kind of arrangement is policy paper contains provisions suggesting mittee often sends cadres from other areas impossible, because five people are unlikely the use of IUD’s, sterilization, and pregnancy to villages, for fear that local cadres could to be willing to take on the liability of hav- termination in some circumstances. In all, cooperate with villagers, or that a local ing to guarantee that a woman will not be- the policy aims to create a greater uni- backlash would develop against the cadres come pregnant. It is important to remember formity between central and provincial fam- who conscientiously carry out their duties. that if she does, by some chance, become ily planning and laws. While there have been To write monthly ‘‘synopses of planned- pregnant, they are responsible for her ac- alternate tightenings and relaxations of the birth reports,’’ which are signed by the town tions, too. policy, evidence brought to light at the June head and the town communist party, and Abortion. According to government regula- 10, 1998 hearing before the House Sub- then are submitted to the municipal people’s tions, abortion for a pregnancy under 3 committee and International Operations and government and the communist party com- months is deemed ‘‘artificial abortion,’’ and Human Rights revealed that the coercive mittee. They wait for cadres for superior if the pregnancy exceeds three months, it is

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8475 called ‘‘induced delivery.’’ In her town, an the planned-birth office, where they were rather than to the strict population policy. average of 10–15 abortion surgeries are per- quickly sterilized and monetary penalties This is not to say that population control formed monthly, and of those surgeries, one were imposed. Gao spoke at length about had nothing to do with the economic growth third are for pregnancies exceeding 3 how she thought she was conscientiously im- China has experienced, but it is a well-known months. plementing the policy of the ‘‘dear Party,’’ observation that as economies prosper, fer- Every month her town prepares a report, and that she was just being an exemplary tility rates decrease. This explains why fer- the ‘‘synopsis of planned-birth report.’’ It cadre. tility rates have declined more naturally in enumerates in great detail the amount of Once Gao found a woman who was nine the urban areas of China; the relatively eco- births, issuing of birth-allowed certificates, months pregnant, but did not have a birth- nomically progressive cities do not have to and implementation of birth-control meas- allowed certificate. According to the policy, be as coercive with the policy, because the ures in Yonghe Town; Following its comple- she was forced to undergo an abortion sur- couples who live there today do not wish to tion, it is submitted to the planned-birth gery. In the operation room, she saw the have as many children as their rural coun- committee. For instance, in January–Sep- aborted child’s lips sucking, its limbs terparts. tember 1996, of all the women of child bear- stretching. A physician injected poison into It is the communist political and economic ing age with 1 child, 1,633 underwent device- its skull, the child died, and it was thrown system that makes it difficult to develop insertion surgeries, or underwent subcuta- into the trash can. ‘‘To help a tyrant do China’s economy, and is the fundamental neous-device-insertion surgeries, and 207 un- evils’’ was not what she wanted. reason for the contradiction between an ex- derwent sterilization surgeries; of women of Also testifying at the hearing was Zhou ploding population and a retarded economy. child-bearing age with 2 children, 3,889 un- Shiu Yon, a victim of the Chinese planned- Therefore, the fundamental way to solve Chi- derwent sterilization surgeries, 167 under- birth policy. Zhou, who had known her boy- na’s population problem is to change its irra- went device-insertion surgeries, and 10 took friend since childhood, became pregnant at tional political and economic system. birth-control medications (among the group age nineteen. She did not have a birth allow- Planned-birth targets every family, every with 2 children, of the 186 women who had 2 ance certificate, so her pregnancy was con- woman. daughters, 170 were sterilized). In January– sidered illegal. When she became ill and was If you are interested in obtaining full cop- September 1996, a total of 757 surgeries in hospitalized, it was discovered that she was ies of the testimonies, along with pictures five categories were performed. They in- pregnant, she had her boyfriend pay the and videotapes, please write, call, fax, or cluded: 256 sterilization surgeries (35 for two nurse to leave the window open; she jumped email the Laogai Research Foundation in daughters), 386 device-insertion surgeries (23 out, and her boyfriend was waiting with a Washington, DC. Our contact information is cervical ring insertions), 3 subcutaneous-de- car to flee to Guangzhou where they boarded listed below. Help us stamp out this egre- vice-insertions, 41 artificial abortion sur- a boat to the United States. On the boat, gious abuse of government power. Millions of geries, and 71 induced delivery surgeries. In Zhou became extraordinarily seasick, and women and children need your support. If the first half of the year of 1997, a total of 389 had complications with her pregnancy. Once China requires a population policy, it must surgeries in 5 categories were performed. in the United States, she lost her baby while be based on volunteerism and education, not They included: 101 sterilization surgeries (12 being treated in a San Diego hospital. Now, coercion and intimidation. To give birth and for two daughters), 27 induced delivery sur- she is unsure of whether or not she will ever plan one’s family is a fundamental human geries, 228 device-insertion surgeries, and 33 be able to have children again. Stories like right, and should be deprived from no one. artificial abortion surgeries. Gao’s office had hers are all too common in China today. Sincerely, to submit all of this data to the municipal Congressman Christopher Smith of New Jer- HARRY WU, planned-birth committee monthly and annu- sey, chair of the subcommittee, said that the Executive Director, ally so that it could be kept on file. Chinese policy is ‘‘so vile that [it] will cause Laogai Research Foundation. PERSONAL TALES OF SORROW people to recoil in horror across the cen- Mr. SMITH of New Hampshire. Mr. Gao and her husband were married in 1983, turies.’’ President, in the remaining couple of and gave birth to their daughter one year THE POPULATION POLICY ANALYZED moments, I will just conclude by say- later. Despite their desire to have more chil- I testified at the hearing to show how the ing, I have been out here a number of dren, they were not allowed to give birth to Chinese policy is truly a top-down system. times following, frankly, in the huge a second child due to the planned-birth pol- For many years I have collected many sto- footsteps of Senator HELMS, in a very icy. In late 1993, Gao and her husband adopt- ries about the tragic experiences of people ed a boy from Harbin, a province in north- who are affected by the planned-birth policy. small way, to talk about protecting the east China. They had no choice but to keep Their personal experiences may be more lives of unborn children. him in someone else’s home. For fear of emotionally shocking, but I want to explain But this goes far beyond that. This being informed against by others in the China’s internal documents that I have col- debate now has taken a new level. It is town, the child never referred to Gao as lected over the years. The basic arguments now forcing abortions on women ‘‘mama’’ in the presence of outsiders. When- for China’s population policy are: against their wishes. I hope that some- ever government agencies conducted door-to- China’s living and land resources are lim- day Senator HELMS and I, and others, door checks, her son had to hide elsewhere. ited, which tremendously impedes its devel- will have the opportunity to stand here Her elder sister and her elder brother’s opment, added to which is population wife have only two daughters each. Both of growth. To become a prosperous nation, in the well and see this practice of them were sterilized, their health ruined, China must control its population growth. abortion ended in this country. Be- making it impossible for them to ever live or Limited economic resources and over- cause who knows what is next? If we do work normally. population cause disruption of education, the not respect the lives of our children, During her 14-year tenure in the planned- environment, health services, and negatively then what do we respect? birth office, she witnessed how many men affect quality of life issues in China. Children are a lot smarter than we and women were persecuted by the Chinese In short, the Chinese government wishes give them credit for. I have raised communist government for violating its people, especially Chinese citizens, to believe three. A lot of you out there listening ‘‘planned-birth policy.’’ Many women were that overpopulation makes China a back- crippled for life, and many were victims of ward nation, and that controlling it will to me now have raised more than that. mental disorders as a result of their un- allow them to develop as a nation. Such a They are smart. They know when you wanted abortions. Families were ruined or point of view is preposterous, and is coun- say: Johnny, go off to school, be a good destroyed. Gao, with tears streaming down tered by the following two observations: boy today, mind your teacher—mean- her face, told during her testimony of how Certain nations such as Japan have even while we will abort your sister. her conscience was always gnawing at her more limited per capita living resources Forty million children have died in heart. than China, but are nevertheless extraor- this country alone from abortion. She vividly recalled how she once led her dinarily prosperous. Those 40 million children will never get subordinates to Yinglin Town Hospital to Is it not the lack of a rational social and check on births. She found that two women economic system that retarded China’s de- to be a Senator, a spectator in the gal- in Zhoukeng Town had extra-plan births. In velopment in the years following the rise of lery, a mother, a pastor, a CEO. They a move approved by the head of the town, the Communist Party? For several years are never going to have the chance to she led a planned-birth supervision team after the 1949 Communist victory, China’s be a page. They never had a chance, 40 composed of a dozen cadres and public secu- economy did in fact make great strides— million of them. We did. rity agents. Sledge hammers and heavy without a population control policy. Eco- So maybe we should not be too sur- crowbars in hand, they went to Zhoukeng nomic backwardness resumed because of prised that the Senate is willing to Town, and dismantled the women’s houses. failed communist economic experiments. look the other way while they do it in Unable to apprehend the women in the case, After economic reforms that started in the they took their mothers and detained them late 70’s under Deng, the economy has again China. We should not be real surprised. in the planned-birth office’s detention facil- improved. The economic advances that But someday I pray that I will be able ity. It was not until a month and a half later China has made in the last two decades to stand here and say thank you to at that the women surrendered themselves to should be attributed to economic reforms least 67 of my colleagues who put a

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8476 CONGRESSIONAL RECORD — SENATE September 13, 2000 stop to it. Maybe that day will happen many Chinese workers are leaving To highlight the positive impact of U.S. some time in my lifetime. I sure look state-owned enterprises to look for companies, we have compiled a sample of the forward to it. work with American companies in best practices currently in use by U.S. com- Mr. President, I yield the floor. China whenever they can find the op- panies in China. Together, these practices The PRESIDING OFFICER. The Sen- tell a remarkable story about the role of portunity. Their wages, benefits and companies in China beyond providing goods ator from North Carolina. working conditions are almost invari- and services. Mr. HELMS. I suggest the absence of ably higher than any other workplace These practices span eight principal areas: a quorum. they can find. Ethical and responsible business behavior; The PRESIDING OFFICER. The Corporate codes of conduct; My point is that there is no need to New ideas and information technology; clerk will call the roll. force American companies to adopt so- The assistant legislative clerk pro- Western business practices; called voluntary codes of conduct with Environmental, energy efficiency, health, ceeded to call the roll. and safety standards; Mr. ROTH. Mr. President, I ask unan- respect to their operations in China. They are already providing opportuni- Compensation, benefits, and training; imous consent that the order for the Volunteerism, charitable giving, and com- quorum call be rescinded. ties in China that confirm that there is munity activism; and The PRESIDING OFFICER. Without a race to the top, not a race to the bot- Rule of law. objection, it is so ordered. tom, when American firms operate I. U.S. COMPANIES PROMOTE ETHICAL AND RE- AMENDMENT NO. 4123 overseas. SPONSIBLE BUSINESS BEHAVIOR WITHIN THEIR Mr. ROTH. Mr. President, I rise in Given the potential beneficial impact FACILITIES AND WITH THEIR CUSTOMERS AND SUPPLIERS opposition to my colleague’s amend- that our firms can have in direct con- U.S. companies strive to integrate their ment. tacts with employees, other businesses in China and directly with consumers Chinese operations seamlessly into their The amendment is designed to force world-wide operations. They conduct sub- the Secretary of Commerce to impose under the WTO agreement, I would think we would want to do everything stantial ethical training for their employees so-called ‘‘voluntary codes of conduct’’ in China, as they do for their employees on American businesses operating in we could to ensure that American ex- worldwide. This training is more than simply China. The fact is, if the proposed porters were free to operate in China, a set of rules to follow. The training con- codes were truly voluntary, there rather than compelling the Secretary centrates on fundamental concepts such as would be no need to compel the Sec- of Commerce to dictate to American integrity, mutual respect, open communica- retary of Commerce to pressure U.S. companies on exactly how they should tion, and teamwork. And it is collaborative: conduct their operations in China. company officers go on-site to Chinese loca- businesses into adopting such codes. tions to offer guidance on compliance, to lis- More importantly, American busi- The reason I say that and the reason I oppose this amendment and support ten to employees’ concerns, and to observe nesses already do operate under codes the practices in use. In addition, to facilitate of conduct. The most important code of PNTR is that each American company candid communication, the companies also conduct is, of course, U.S. law. hiring a Chinese employee is sowing have procedures for employees to commu- Another code of conduct American the seeds of political pluralism at the nicate with management confidentially. companies are bound to follow is local same time. That is precisely how we II. U.S. COMPANIES UPHOLD COMPREHENSIVE law, which American companies are can best foster both economic and CORPORATE CODES OF BUSINESS CONDUCT AND bound to operate under when selling peaceful political reform in China. ETHICS abroad. For that reason, I urge my colleagues These corporate codes cover an array of In addition, U.S. companies also fol- to oppose the amendment. topics, from managing supplier relation- low their own internal codes of con- I ask unanimous consent to print in ships, to protecting the environment, abid- ing by antibribery laws, supporting equal duct. There has been a revolution in the RECORD the Executive Summary employment opportunity, and offering job corporate thinking over the last decade contained in the Business Roundtable advancement based on merit. The codes are about compliance issues and corporate report to which I referred. translated into local languages, and as with business practices. American business There being no objection, the sum- ethics training, companies back up these has applied the philosophy of ‘‘best mary was ordered to be printed in the codes with programs to ensure compliance. practices’’ that began in the manufac- RECORD, as follows: For example, companies conduct ethical re- turing sector, but now has also been EXECUTIVE SUMMARY newal workshops to keep concepts fresh in employees’ minds, keep employees current used as a risk management tool. U.S. companies with operations in China In other words, adopting an inter- with revisions to the code, and underscore are contributing to the improvement of so- the importance of compliance. nal—and truly voluntary—internal cial, labor, and environmental conditions in III. U.S. COMPANIES CONTRIBUTE TO A MORE code of conduct has become a way of China. By exporting to China not only their OPEN CHINESE SOCIETY THROUGH THE INTRO- minimizing the risk, both legal and fi- products and services, but also their oper- DUCTION AND DISSEMINATION OF IDEAS AND ating standards, best business practices, val- nancial, that flows from some part of a INFORMATION TECHNOLOGIES ues, and principles, U.S. companies serve as company operating in a manner that is By giving Chinese employees and con- at odds with the law or corporate eth- agents of change. When U.S. companies set up operations in China, they bring with them sumers access to information technology, ical standards. U.S. ethical and managerial practices. These U.S. companies are giving individual Chinese Bluntly, there is a reason that cor- practices shape the way they run their fac- citizens the opportunity to communicate porations do this and it is not altru- tories, relate to their employees, and con- with people inside and outside China, in the ism. The greatest force ensuring the tribute to local community activities. United States and in the rest of the world. adoption of these internal codes of con- Through these practices, U.S. companies set U.S. companies are exposing Chinese citizens duct is the capital markets. Poor cor- a positive example of corporate citizenship to new information, ideas, values, and behav- and contribute to the evolution of norms ior. They do so by giving their employees in porate behavior, even if it does not vio- China access to the Internet, Chinese-lan- late the law, has an immediate impact within Chinese society. Indeed, many of these practices are increasingly being adopt- guage web pages, and worldwide e-mail, on share prices in today’s capital mar- ed by domestic enterprises in China. which allow them to exchange information kets. U.S. companies with international oper- with people around the world instanta- As a consequence, American busi- ations often establish global business prac- neously. U.S. companies provide access to nesses take their environmental and tices that are implemented in a similar and international business, political, and finan- employment standards with them when appropriate way across all the countries in cial news. They also sponsor employee news- they operate overseas. which they operate. In pursuing such policies letters to exchange information among sites I have with me a copy of a report pre- in China and elsewhere, U.S. companies ad- across China. In addition, U.S. companies ex- pared by the Business Roundtable that vance the cause of important social, labor, pose Chinese government officials to new environmental, and economic objectives, in- ideas, such as through informal roundtable details precisely what American com- discussions with officials in Chinese min- panies are doing in China in the way of cluding improved health, safety, and envi- ronmental practices; consistent enforcement istries to exchange ideas and experiences. ‘‘best practices’’ in terms of the envi- of high ethical standards; increased com- IV. U.S. COMPANIES ACCELERATE EXPOSURE TO, ronment and employment and other so- pensation, training, and educational oppor- AND ADOPTION OF, WESTERN BEST BUSINESS cial concerns. tunities for workers; accelerated market re- PRACTICES The way those companies operate is forms; transparent government regulation; U.S. companies accelerate adoption of one of the primary reasons that so and the rule of law. Western business practices in two ways: by—

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8477 bringing Chinese professionals to the United stantially higher wages than Chinese-owned prior to that time there would be time States to see the practices in action, and by firms do. In addition, U.S. companies offer I could use on this side? bringing the practices to China to show them forward-looking benefits programs, such as The PRESIDING OFFICER. We don’t in action there. Accordingly, U.S. companies subsidies to encourage home ownership, and have an order for Senator FEINGOLD. support substantial foreign travel by their on-site day care. Companies also offer per- Chinese employees, as well as Chinese offi- formance-linked rewards systems and incen- We simply want to know whose time cials, to give them direct exposure to market tives for good safety practices. Together, the Senator is using. economy forces and Western social and polit- these benefits lead to low employment turn- Mr. KYL. If I may take the majority ical structures. U.S. companies with oper- over rates. time, I don’t need unanimous consent. ations in China send literally thousands of U.S. companies also offer comprehensive The PRESIDING OFFICER. The Sen- their employees, Chinese officials, and stu- technical training. They have technical ator may do so. dents to the United States every year. And training centers located throughout China, Mr. KYL. Thank you, Mr. President. these visitors spend a substantial stay in the some so comprehensive that the companies Mr. President, the point is that we United States, from several weeks to as call them their corporate ‘‘university.’’ are going to be considering PNTR for much as six months. They come to the Many companies establish minimum train- United States to see U.S. practices first- ing hours for each worker per year, which China, which will enable China to join hand—touring factories and offices across they offer substantially exceed. In addition, the World Trade Organization within the United States. They also visit Wash- companies offer scholarships to students at the week, and presumably that will be ington, D.C. to observe our democratic polit- China’s leading universities to ensure that done in accordance with the bill passed ical process and meet with Members of Con- the next generation of Chinese workers has by the House of Representatives. gress and other government officials. For the technical skills necessary to succeed in a It is important that we ensure the many of the Chinese visitors, this trip is not more competitive workplace. other party to this equation is taken only their first trip to the United States, it VII. U.S. COMPANIES EXPORT U.S. CONCEPTS OF care of because there don’t appear to be is also their first opportunity to travel out- VOLUNTEERISM CHARITABLE GIVING, AND any more roadblocks to the Senate’s side China. COMMUNITY ACTIVISM In addition, U.S. companies teach global consideration of PNTR and China’s workforce, management, and manufacturing U.S. companies in China are setting an ex- entry into the body from a legislative principles to all of their employees in China. ample of volunteerism and community activ- perspective. But there could have been. ism. They have donated millions of dollars to This training is a comprehensive, ‘‘hands- It is also important that Taiwan on’’ experience which covers principles and support a variety of charitable causes in China including scholarships for students to enter into the WTO. I believe virtually practices such as participative management, every Senator and every Member of the empowered workforce, employee teaming, attend university, donations to flood vic- total quality management, and just-in-time tims, medical care for children, and support other body is committed to that. I systems. Chinese managers also receive for primary education in rural districts. know the administration is committed training in fundamental market economics, These funds empower local communities, and to that. But there could have been a and cutting-edge management practices; individuals, to work toward improving their roadblock to China’s PNTR and WTO some even receive Western MBAs through own circumstances. Company volunteers add accession had we not clarified some- these programs. And to further exposure to a human link, through tutoring and men- toring programs. thing with respect to Taiwan. Western business practices, U.S. companies It has been agreed since 1993 that VIII. U.S. COMPANIES SUPPORT ADVANCEMENT in China organize symposia on economics, fi- Taiwan would enter the WTO. It has nance, management and other business top- OF THE RULE OF LAW IN CHINA AND EFFEC- ics. These symposia bring Chinese profes- TIVE ENFORCEMENT MEASURES been virtually ready to do so. But out sionals in contact with Americans and other U.S. companies have taken an active role of deference to China and to ensure foreigners from a wide array of corporations, in encouraging and developing the rule of China could enter first and then Tai- academia, government, and other institu- law in China. They have been working with wan second, Taiwan’s entry has been tions to exchange ideas and experiences. Chinese officials to develop new laws gov- delayed. But we believe neither China V. U.S. COMPANIES PROVIDE FOR AND PROMOTE erning property rights, taxation, corpora- nor anyone else in the world would ob- HIGHER ENVIRONMENTAL, ENERGY EFFI- tions, and other commercial areas. Industry- ject to Taiwan’s entry into the WTO, CIENCY, HEALTH, AND SAFETY STANDARDS by-industry, they provide expertise and set and indeed the working group that WITHIN THEIR FACILITIES AND IN THE COMMU- an example of how to operate successfully deals with the specifics of Taiwan’s NITIES IN WHICH THEY OPERATE IN CHINA while respecting the rule of law. entry I think is in very good shape. U.S. companies apply, and achieve, higher * * * * * There has been a commitment by the environmental, energy efficiency, health, While this summary gives some flavor of administration to ensure that when the and safety standards than Chinese-owned the practices in place by U.S. companies, the factories achieve—higher even than Chinese real story is in the details. We encourage you Senate and the House have approved law requires. U.S. multinational companies to take a look at the full paper, which pro- PNTR for China, the United States can set worldwide operating principles for their vides a unique opportunity to see the steps therefore move forward with China’s international facilities, including China, and being taken by individual companies. accession and that we do so with re- these principles are based on U.S. standards. Mr. ROTH. I yield the floor and sug- spect to Taiwan as well. Unfortunately, By setting an example of exceeding the Chi- gest the absence of a quorum. however, since the House acted, there nese standards, U.S. companies put pressure has been an unfortunate string of com- on domestic Chinese enterprises to comply The PRESIDING OFFICER. The with these higher, international standards. clerk will call the roll. ments made by high Chinese officials And U.S. companies not only bring higher The legislative clerk proceeded to that have cast some doubt on whether standards, they bring the technology to meet call the roll. or not China would make good on its these higher standards, by providing ad- Mr. KYL. Mr. President, I ask unani- commitment to support Taiwan’s ac- vanced environmental protection and energy mous consent that the order for the cession into the WTO. efficiency technology and by sponsoring en- quorum call be rescinded. While the leaders of China had said vironmental protection symposia in China to The PRESIDING OFFICER. Without they would support Taiwan’s entry, exchange information about these standards they said it must be under terms pro- and how to meet them. Finally, by creating objection, it is so ordered. jobs and raising living standards in China, Mr. KYL. Mr. President, I have what vided by China. Specifically, that U.S. companies are creating the wealth nec- I think is pretty good news for my col- meant it had to be Taiwan entering the essary to help China pay for higher environ- leagues in the Senate and for the ad- WTO as a province of China. That, of mental, worker safety, and energy efficiency ministration which I would like to course, is contrary to the agreement standards. share and which relates directly to the that heretofore had been worked out, VI. U.S. COMPANIES PROVIDE DESIRABLE EM- legislation pending before us. contrary to all the wishes of the mem- PLOYMENT ALTERNATIVES TO CHINESE WORK- I believe that by this time next week, bers of the working study group and ERS, INCLUDING ENHANCED COMPENSATION, the Senate—— the United States, and of course Tai- BENEFITS, AND TRAINING OPPORTUNITIES FOR The PRESIDING OFFICER. The wan. ADVANCEMENT ON THE BASIS OF MERIT Chair inquires about whose time the The administration has taken a firm U.S. companies are raising the bar for em- Senator is using. position that they will not support ployment opportunities. They provide en- hanced compensation and benefits, sponsor Mr. KYL. I presumed I would be that kind of language; that Taiwan on-going training opportunities, and offer using time on the majority. I inquire of must come in as a separate customs advancement on the basis of merit. U.S. the Chair, am I correct that Senator territory or separate trading territory companies pay their Chinese employees sub- FEINGOLD was to speak at 4 o’clock and and not as a province of China.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8478 CONGRESSIONAL RECORD — SENATE September 13, 2000 This has been enough of a matter of I have not offered it yet, but that As a result, I spoke with Senator concern—these statements made by amendment would have made it very MURKOWSKI, Senator HELMS, Senator Chinese leaders—that we sought assur- clear our approval of PNTR was subject SESSIONS, Senator ROTH, and others ances from the administration and had to Taiwan acceding to WTO member- who I thought were interested in the meetings with administration officials ship under the original terms nego- issue. They have all concurred that to clarify. Specifically, a group of Sen- tiated—not as a separate province of this language is sufficient, and as a re- ators met with Charlene Barshefsky to China. The administration strongly op- sult I will not be offering the amend- inquire about the status of the matter, poses any amendments being attached ment. particularly since Jiang Zemin is to PNTR because of its concern that I applaud the President’s action in quoted as having made statements in the House of Representatives would this regard. I appreciate the action of New York a few days ago that China not, a second time, pass the legislation, Ms. Barshefsky and her counsel, and would only agree to Taiwan’s entry and, as a result, inquired whether other certainly reiterate my intention of under this term expressing Taiwan as a kinds of assurances would suffice in working with the administration on province of China. lieu of action by the Senate on this this important matter. Of course, Tai- I will have printed in the RECORD matter. wan represents an extraordinarily im- some items. One is a Wall Street Jour- We indicated our purpose was not to portant trading partner for the United nal lead editorial from yesterday in try to derail the PNTR but rather to States and a very good ally, an ally of which the Wall Street Journal notes: have an assurance that the administra- which we need to continue to be sup- Addressing a business group during his tion would insist upon the entry of Tai- portive. visit to New York for the United Nations wan under the original terms and that I will identify specifically the docu- summit, Mr. Jiang said of course Taiwan it would not allow entry by China and ments I will have printed in the could join the WTO, but only as part of not entry by Taiwan in the appropriate RECORD at this time. First, a letter to China. way. me from the President of the United The editorial goes on to note that is A day later, yesterday, the President States dated August 31; second, a letter unacceptable to the United States, and sent a letter to the majority leader, to the majority leader from the Presi- that the Senate needed to act with re- with copies to those who had been in dent of the United States dated Sep- spect thereto. the meeting, dated September 12, in tember 12; third, a Wall Street Journal Ms. Barshefsky confirmed that Presi- which the President advises the leader editorial dated September 12; fourth, a dent Clinton told Jiang that Taiwan on two matters pending. One was the letter a group of Senators had sent to would have to come in under the terms Thompson amendment dealt with ear- the President initially dated July 27, originally negotiated, not as a province lier today, but the other was the mat- 2000; and finally, a copy of an AP story of China. Jiang responded with the Chi- ter that we discussed, and as I under- I quoted from earlier, the headline of nese position, and the President then stand it, this was explicitly inserted in which is ‘‘China Asserts Claim Over responded with the U.S. position again. the letter to provide the assurance that Taiwan,’’ dated September 7, 2000. I ask The controversy, in other words, was we had requested the day before. unanimous consent to have these docu- not put to bed. Let me quote from the President, in- ments printed in the RECORD. Earlier, the Chinese Foreign Ministry dicate what I think this means, why it The PRESIDING OFFICER. Without spokesman Yuxi is reported to have is important, and why as a result it objection, it is so ordered. said: The Chinese side has a consistent will not be necessary to proceed with There being no objection, the mate- and clear position. Taiwan can join the amendment which I filed earlier. rial was ordered to be printed in the WTO as a separate customs territory of The President says: RECORD, as follows: China. There should be no question that my Ad- THE WHITE HOUSE, These comments, of course, are of ministration is firmly committed to Tai- Washington, August 31, 2000. concern to us. The House has already wan’s accession to the WTO, a point I reiter- Hon. JON KYL, acted to approve PNTR, but you now ated in my September 8 meeting with Presi- U.S. Senate, have high Chinese officials saying Tai- dent Jiang Zemin. Based on our New York Washington, DC. wan’s accession must be as a province discussions with the Chinese, I am confident DEAR SENATOR KYL: Thank you for your to China, contrary to the position of we have a common understanding that both letter regarding Taiwan’s accession to the the working group, of the United China and Taiwan will be invited to accede World Trade Organization (WTO). My admin- to the WTO at the same WTO General Coun- States, of Taiwan. As a result, we istration remains firmly committed to the cil session, and that Taiwan will join the goal of WTO General Council approval of the thought something had to be done to WTO under the language agreed to in 1992, accession packages for China and Taiwan at clarify this. namely as the Separate Customs Territory of the same session. This goal is widely shared Some time ago, a group of 40 Sen- Taiwan, Penghu, Kinmen and Matsu (re- by other key WTO members. ators had written to the President and ferred to as ‘‘Chinese Taipei’’). The United China has made clear on many occasions, asked for his assurances that he would States will not accept any other outcome. and at high levels, that it will not oppose support Taiwan’s entry into the WTO That is important because the Presi- Taiwan’s accession to the WTO. Neverthe- simultaneous with that of mainland dent of the United States has defined less, China did submit proposed language to China. In a letter to me and to other exactly the appropriate language for their working party stating that Taiwan is a separate customs territory of China. We have Senators, dated August 31, the Presi- Taiwan’s accession to WTO as a sepa- advised the Chinese that such language is in- dent said: rate customs territory of Taiwan, not appropriate and irrelevant to the work of the China has made clear. . . that it will not as the Chinese had been insisting, as a working party and that we will not accept it. oppose Taiwan’s accession to the World province of China. And the President We believe that this position is widely Trade Organization. notes, and I again quote the last sen- shared by other WTO members. Nevertheless, China did submit proposed tence: ‘‘The United States will not ac- Again, thank you for writing concerning language to their working party stating Tai- this important matter. wan is a separate customs territory of China. cept any other outcome.’’ I can’t think of a clearer statement Sincerely, We have advised the Chinese that such lan- BILL CLINTON. guage is inappropriate and irrelevant to the by the President of the United States work of the working party and that we will that we will insist upon Taiwan’s ac- THE WHITE HOUSE, not accept it. We believe that this position is cession under appropriate terms—those Washington, September 12, 2000. widely shared by other WTO members. specifically identified here—and, at the Hon.TRENT LOTT, When we met with Ms. Barshefsky same time, that China is admitted to Majority Leader, U.S. Senate, Washington, DC. yesterday, we noted other statements the WTO. In my view, this provides the DEAR MAJORITY LEADER: I want to com- have been made and clearly some ac- necessary assurance that the Presi- mend you for commencing debate on H.R. tion needed to be taken by the United dent, those working on his behalf, will 4444, which would extend Permanent Normal Trade Relations to the People’s Republic of States to make it crystal clear that we see to it that this is done in a proper China. This crucial legislation will help en- would not approve PNTR with this way. As a result, it seems to me unnec- sure our economic prosperity, reinforce our issue outstanding. I prepared an essary to pursue the amendment which work on human rights, and enhances our na- amendment and filed it with the clerk. I had earlier filed. tional security.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8479 Normalizing our trade relationship with it is only semantics. But many Senators will predecessors, he has left his successor a tin- China will allow American workers, farmers, want to know whether they are being asked derbox situation in the Taiwan Strait. and businesspeople to benefit from increased to approve PNTR under conditions laid down That is why Mr. Clinton knows China’s ac- access to the Chinese market. It will also solely by China, with little regard for U.S. cession to the WTO is about much more than give us added tools to promote increased interests. the mutual benefits of expanded global openness and change in Chinese society, and We have argued here that granting China trade. He’s gambling it will head off—Com- increase our ability to work with China PNTR as a prelude to China’s admission to munist Party or no—the kind of militant across the road range of our mutual inter- the WTO is a good idea. It would open China Chinese nationalism that could spark a ests. further to Western trade and investment, shooting war across the Taiwan Strait, force I want to address two specific areas that I hastening the development in China of free a U.S. military response and perhaps envelop understand may be the subject of debate in enterprise and a propertied middle class. A the rest of Asia. the Senate. One is Taiwan’s accession to the more enlightened and influential electorate Thus, the peace dividend; within China, World Trade Organization (WTO). There will gradually demand more explicit civil WTO will empower a bloc of interests favor- should be no question that my Administra- rights and require governments at all levels ing outward-oriented growth and the condi- tion is firmly committed to Taiwan’s acces- to become more responsive to the wishes of tions required to secure it, including peace sion to the WTO, a point I reiterated in my the people. and the rule of law. Dependent on Taiwanese September 8 meeting with President Jiang But we also have supported the right of the and Western commerce, China would recon- Zemin. Based on our New York discussions Taiwanese, who already have a functioning sider military adventurism as too costly and with the Chinese, I am confident we have a democracy, to chart their own course toward counterproductive. common understanding that both China and better relations with the mainland, without It all sounds good. Indeed, China’s mem- Taiwan will be invited to accede to the WTO undue pressure from Beijing. This attitude bership in the WTO is, in the words of one at the same WTO General Council session, toward Taiwan is shared by an influential observer, the ‘‘Rubicon of its opening to the and that Taiwan will join the WTO under the bloc in Congress that won’t appreciate Mr. outside world,’’ since all previous efforts to language agreed to in 1992, namely as the Jiang laying down conditions for Taiwan’s integrate its economy with the world trading Separate Customs Territory of Taiwan, WTO membership. It is well known in Con- community have been unsuccessful. But this Penghu, Kinmen and Matsu (referred to as gress that Taiwan qualified, in a technical assumes a lot. ‘‘Chinese Taipei’’). The United States will sense, for membership a long time ago. It It assumes China’s behavior amid change not accept any other outcome. was thought that Taiwanese membership will be predictable, that it will set aside the The other area is nonproliferation, specifi- was an implicit part of the deal that grants longstanding historical grievances and na- cally the proposals embodied in an amend- China PNTR. tionalist claims that fuel its commitment to ment offered by Senator Fred Thompson. If there has been a dangerous misunder- an extension of regional power in Asia Preventing the proliferation of weapons of standing here, it is largely Bill Clinton’s through the acquisition of nuclear, chemical mass destruction and the means to deliver fault. On his visit to China in 1998 he impru- and biological weapons. It assumes that, in them is a key goal of my Administration. dently agreed to what the Chinese govern- the absence of stronger cooperative security However, I believe this amendment is unfair ment called the ‘‘Three No’s.’’ At the root of ties with Europe and Japan and deterrents and unnecessary, and would hurt our non- these three demands was the requirement such as theater missile defense, future U.S. proliferation efforts. that the U.S. not grant Taiwan admission to administrations will be able to ‘‘manage’’ re- Nonproliferation has been a priority in our any world body that required statehood as a lations with China. dealing with China. We have pressed China condition of membership. While that didn’t In the best of the possible worlds we imag- successfully to join the Non-Proliferation specifically apply to the WTO, Mr. Clinton’s ine, international economic institutions like Treaty, the Chemical Weapons Convention, agreement was tantamount to allowing the WTO may very well help spread among the Biological Weapons Convention, and the China to set the conditions for future West- some nations the practice of a decentralized Comprehensive Test Ban Treaty, and to ern policy toward Taiwan. It came close to and pluralistic brand of governance. But cease cooperation with Iran’s nuclear pro- an acknowledgement that Taiwan is a Chi- trade agreements and their trickle-down ef- gram. Today, we are seeking further re- nese province. fects alone cannot suffice for a coherent, straints, but these efforts would be sub- So now Mr. Jiang feels emboldened to long-term national security policy that verted—and existing progress could be re- come to the U.S. and give speeches implying squarely faces up to the realities of Amer- versed—by this mandatory sanctions bill that Taiwan must accept China as it parent ica’s emerging strategic threats. which would single out companies based on if it wants to get the same trading privileges At the least the debate will serve notice an unreasonably low standard of suspicion, that the Senate is about to grant to China. that some very sensible people in the Senate instead of proof. It would apply a different No doubt Mr. Jiang was inspired by other re- realize the U.S. cannot hang its future secu- standard for some countries than others, un- cent U.S. concessions. rity relationship with China, and Taiwan, on For example, because of Chinese objec- dermining our global leadership on non- WTO, as President Clinton seems to have tions, the Dalai Lama was not allowed to proliferation. Automatic sanctions, such as done. It remains for the next Administration participate in the religious gathering that cutting off dual-use exports to China, would to fix this mistake. preceded the summit. China’s harsh control For now, WTO is the matter before the hurt American workers and companies. of Tibet, like its hoped-for acquisition of Senate. It is too bad that Mr. Jiang and Mr. Other sanctions, such as restricting access to Taiwan, is seen by Beijing as nobody else’s Clinton have gone out of their way to make U.S. capital markets, could harm our econ- business, and one might easily get the im- it difficult for Senators to vote in favor of omy by undermining confidence in our mar- pression that the Clinton Administration this otherwise positive step in U.S.-China re- kets. I believe this legislation would do more agrees. lations. harm than good. Given all the kow-towing that Bill Clinton The American people are counting on the has done, not to mention the China angle in U.S. SENATE, Congress to pass H.R. 4444. I urge you and the Clinton-Gore campaign fund-raising Washington, DC, July 27, 2000. your colleagues to complete action on the scandals, it was no surprise that the Chinese President WILLIAM J. CLINTON, bill as soon as possible. president treated him with some disdain The White House, Washington, DC. Sincerely, when the two sat down for a chat last Fri- DEAR MR. PRESIDENT: As the Senate nears BILL CLINTON. day. Mr. Clinton, in yet another concession consideration of legislation extending per- to China, had just announced that his Ad- manent normal trade relations to the Peo- [From the Wall Street Journal, September ministration would make no further efforts ple’s Republic of China (PRC), we are writing 12, 2000] to build a national missile defense. When Mr. to express concern that Beijing may be plan- JIANG MUDDIES THE WATERS Clinton raised the issue of missiles as a ning to take actions that would have the ef- Chinese President Jiang Zemin is nothing threat to Western security, Mr. Jiang re- fect of blocking Taiwan’s accession to the if not a gambler. Just days before this sponded with silence. And when Taiwan World Trade Organization (WTO). According week’s crucial U.S. Senate vote on granting came up, he favored Mr. Clinton with a long to press reports, the PRC recently offered a China permanent normal trade relations monologue laying out China’s historical proposal at the WTO calling for that organi- (PNTR) with the U.S. Mr. Jiang raised an claims to Taiwan. In short, Mr. Clinton got zation to recognize the PRC’s position that issue that will have many Senators seeing a cold shoulder on both of these important Taiwan is part of the mainland. Taiwan is red. He said, in effect, that Taiwan should issues. the United States’ eighth largest trading not be admitted to the World Trade Organi- These are the fruits of a Clinton policy partner, and we support its admission to the zation on any conditions other than those that has, in effect, left Taiwan blowing in WTO as soon as it meets the criteria for set by Beijing. the wind. Try as he may now, Mr. Clinton is membership. Addressing a business group during his hard pressed to put a positive spin on his On several occasions, Administration offi- visit to New York for the United Nations China legacy. The nuclear proliferation cials have indicated that Taiwan’s accession summit, Mr. Jiang said that of course Tai- issues that have bedeviled Sino-U.S. rela- to the WTO would closely follow the PRC’s. wan could join the WTO, but only as a part tions since he took office in 1993 remain es- For example, in February, U.S. Trade Rep- of China. Now, this statement is subject to sentially unresolved. And by violating the resentative Charlene Barshefsky testified to various interpretations, and some might say security assurances of his Republican Party the House of Representatives that ‘‘. . . the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8480 CONGRESSIONAL RECORD — SENATE September 13, 2000 only issue with respect to Taiwan’s [WTO] the island and the mainland and China’s at- Paarlberg, who is a professor of polit- accession . . . pertains to timing . . . there tempts to coax Taipei into unification. It ical science at Wellesley College, enti- is a tacit understanding . . . among WTO also revives a debate that has simmered for tled ‘‘China Trade Boosts Farmers,’’ members in general—but also, frankly, be- years in working groups negotiating terms subtitled, ‘‘Senate should back PNTR.’’ tween China and Taiwan—that China would for Taiwan’s entry to WTO and its prede- enter first and China would not block in any cessor, GATT. Farm state legislators should be particu- way Taiwan’s accession thereafter, and that Taiwan applied to join the General Agree- larly sensitive to the fact that China’s join- might be immediately thereafter or within ment on Tariffs and Trade in 1990 as ‘‘the ing the WTO will be a pre-emptive strike days or hours or seconds or weeks. . . .’’ customs territory of Taiwan, Penghu, benefiting American farmers. Membership in Later that same month, in response to a Kinmen and Matsu,’’ thereby avoiding the the WTO will preclude China from later rais- statement by Sen. Roth that ‘‘there’s a great questions of sovereignty and statehood. ing trade barriers on agricultural products. deal of concern that Taiwan might be Penghu, Kinmen and Matsu are small island It is a very thoughtful, factual, and blocked [from entering the WTO] once China groups under Taiwan’s control. GATT and persuasive article. In view of the ser- secures such membership,’’ Ambassador now WTO rules allow regions in control of endipitous visit to this Chamber by our Barshefsky testified ‘‘. . . the United States their trade but without full statehood to join former colleague, I ask unanimous con- would do everything in our power to ensure as separate territories. Under a 1992 agreement that allowed sepa- sent that it be printed in the RECORD. that that does not happen in any respect be- There being no objection, the article cause Taiwan’s entry is also critical.’’ rate working groups to negotiate Chinese We respectfully request that you clarify and Taiwanese bids, GATT members ac- was ordered to be printed in the whether your Administration continues to knowledge China’s sovereignty claim to Tai- RECORD, as follows: believe that Taiwan’s entry to the WTO is wan and out of deference said Taiwan could [From the Washington Times, Sept. 11, 2000] critical, whether you remain committed to only join after Beijing. CHINA TRADE BOOSTS FARMERS Sun, the Foreign Ministry spokesman, in- that goal, and whether you remain convinced SENATE SHOULD BACK PNTR that Taiwan will enter the WTO within days sisted that the 1992 agreement recognized (By Rudy Boschwitz and Robert Paarlberg) after the PRC’s accession. Furthermore, is Taiwan as a separate customs territory of the Administration aware of any efforts by China. Executive branch officials routinely exag- the PRC to impose extraordinary terms and Mr. KYL. In conclusion, as I said in gerate the expected payoffs from new trade agreements to win support for those agree- conditions on Taiwan’s accession to the the beginning, I think this is good news WTO? What specific assurances has Beijing ments in Congress. The recent U.S.-China for the Senate, for the House, for the agreement setting terms for China’s protocol provided regarding the timing and substance administration, and for all friends of of Taiwan’s accession to the WTO? And what for accession to the World Trade Organiza- steps has your Administration taken to en- Taiwan and for those who believe both tion (WTO) has been hyped accordingly. Yet sure that Taiwan will in fact join the WTO in permanent normal trade relations in the area of agriculture, the gains from immediately following the PRC’s accession? with China, as well as the entry into this new agreement are actually greater We would appreciate a response to this in- WTO of both China and Taiwan; cer- than U.S. officials have so far dated to claim. Additionally, farm state legislators should quiry by August 18, in order to consider its tainly Taiwan entering in terms that contents prior to Senate debate on extending be particularly sensitive to the fact that Chi- are appropriate as a trading partner of na’s joining the WTO will be a preemptive permanent normal trade relations to the the United States, as a separate cus- PRC. strike benefiting American farmers. Mem- Sincerely, toms territory and not as a province of bership in the WTO will preclude China from Jon Kyl, Orrin Hatch, Larry Craig, Mike China. later raising trade barriers on agricultural Enzi, Don Nickles, Trent Lott, Bob This is good news. I hope it portends products. Every other nation has raised such Smith, Frank Murkowski, Conrad an early conclusion to the discussions barriers as it has become industrialized. Burns, Gordon Smith, Wayne Allard, that will form the basis for accession Furthermore, on joining the WTO, China James Inhofe, Mike DeWine, Fred would undoubtedly find reason to curtail in- by both China and Taiwan into WTO. I ternal subsidies. Such subsidies would surely Thompson, Mitch McConnell, Slade appreciate the cooperation, as I said, of Gorton, Pete Domenici, Jesse Helms, further increase China’s agricultural produc- my colleagues here as well as the rep- tion. China has already found such subsidiza- Connie Mack, Tim Hutchinson, Mike resentatives of the President and the Crapo, Arlen Specter, Strom Thur- tion to be costly and to cause grain surpluses mond, Jeff Sessions, Jim Bunning, President himself. that are both hard to store and cope with. The official claim, from the U.S. Depart- Spencer Abraham, Craig Thomas, Rob- Mr. ROTH. Will the Senator yield? ment of Agriculture, is that China’s partici- ert Bennett, Phil Gramm, Susan Col- Mr. KYL. I yield. pation in the WTO will produce an annual lins, Dick Lugar. Mr. ROTH. Mr. President, I congratu- late the Senator for the leadership role gain of $1.6 billion in new U.S. exports of grains, oilseeds and cotton by 2005. It will SEPTEMBER 7, 2000. he has played on this important mat- also lead to $350–$450 million annually in ad- CHINA ASSERTS CLAIM OVER TAIWAN ter. I think all of us feel very strongly ditional U.S. exports of other products such BEIJING (AP).—Pushing its claim over Tai- that Taiwan must and should become a as poultry, pork, beef, citrus, other fruits wan into complex trade negotiations, Beijing member of WTO. Under no cir- and vegetables, and forest and fish products. insisted Thursday that the World Trade Or- cumstances should this imply a change This optimism is well-founded, since under ganization only admit Taiwan as a part of in its trading status. Taiwan is our the agreement China has agreed to allow im- China. eighth largest trading partner—isn’t ports of a minimum of 7.3 million tons of The demand by Beijing threatens to im- that correct? It would be ironic if her wheat virtually duty-free (only a nominal 1 pede Taiwan’s membership bid as both the is- percent tariff), and this quantity will in- land and China near the end of their separate status did not change. She is qualified. crease to 9.3 million tons over five years. years-long negotiations to join global trade’s I think all the work has been com- Those tonnages represent 11 to 15 percent of rule-setting body. It also complicates a de- pleted for her to become a member. the wheat crop in the United States. For soy- bate in the U.S. Senate this week on whether I want to tell my colleague how bean and soybean meal imports, China’s cur- to approve a WTO pact with China. much I appreciate the leadership he rent tariffs will be located in at 3 percent Influential senators released a letter from has provided. and 5 percent respectively, and for soybean President Clinton on Wednesday weighing in Mr. President, I suggest the absence oil China will reduce and bind its current on Taiwan’s side. Clinton wrote that his ad- of a quorum. tariff from 13 percent to 9 percent—and in- ministration opposes Chinese efforts to call The PRESIDING OFFICER. The crease the quota of imports allowed under Taiwan ‘‘a separate customs territory of this lowered tariff from 1.7 to 3.2 million China.’’ clerk will call the roll. tons over the six year implementation pe- Brushing aside the opposition, Chinese The bill clerk proceeded to call the riod. Foreign Ministry spokesman Sun Yuxi said roll. Those numbers also represent a meaningful Thursday that China wanted its sovereignty Mr. MOYNIHAN. Mr. President, I ask percentage of our production. For corn, claim to Taiwan written into the terms for unanimous consent that the order for China has agreed to allow imports of 4.5 mil- Taiwanese membership to WTO. the quorum call be rescinded. lion tons (at just a 1 percent tariff) increas- ‘‘The Chinese side has a consistent and The PRESIDING OFFICER (Mr. SES- ing to 7.2 million tons. It also promises to clear position: Taiwan can join WTO as a SIONS). Without objection, it is so or- stop using export subsidies to dump its own separate customs territory of China,’’ Sun dered. surplus production (roughly 8 million tons of said at a twice-weekly media briefing. He ac- corn this year) onto other markets in East cused Taiwan of using the WTO negotiations Mr. MOYNIHAN. Mr. President, just Asia, opening up still more trading space for to engage in separatism. 2 days ago, the Washington Times car- highly competitive U.S. corn exporters. The dispute over what the WTO should call ried a fine article by our former col- These market-opening gains are impressive Taiwan underscores the 51-year split between league, Rudy Boschwitz, and Robert measured against the standard of China’s

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8481 current farm trade policies. Yet they are While we will be concerned with such as China. Even if China’s eco- even more impressive if measured against many more issues that seem more im- nomic growth and military moderniza- China’s likely future farm trade posture, ab- portant to individual Senators, and tion appear to be threatening, our rela- sent any WTO disciplines. The new agree- certainly we will be looking after our tionship with China will evolve within ment does not simply codify future farm the context of a very different world, a trade liberalizations that China might have parochial interests in our sovereign been expected to undertake anyway. Instead, States as we work as Senators—and world increasingly reliant on informa- it operates pre-emptively against what that is all very important—but when tion to achieve economic growth, pros- might have otherwise been a damaging in- we look at America and what she perity, and jobs. crease in Chinese farm sector protection. stands for in the world as it is evolving Anyone who has gone to China re- The tendency of all nations as they indus- and developing, the final vote on this cently or, for that matter, watched re- trialize is to increase policy protection in measure is probably the most signifi- cent television programming regarding the agricultural sector. what is going on with the labor force in Earlier in the 20th century, industrial de- cant vote we will take this year and maybe in many years. China will know that Chinese men and velopment has also helped bring differing de- Chinese women will move to get good grees of farm sector protection to most of Senator ROTH, I repeat, said that. I Europe and to the United States. Continued agree wholeheartedly. I am quite sure jobs. They are already moving from the countryside to the cities without any rapid industrial development in China might the tenor of Senator MOYNIHAN’s sug- thus have been expected, before long, to trig- gestions—I have not been privileged to retribution. They are smiling. They are ger an increase in China’s farm trade protec- hear them here with the Senate—would taking risks because they see the op- tion from the current level. It is fortunate portunity to get a good paycheck. agree with that. This is a very impor- that China will now come into the WTO and Make no bones about it, they want jobs tant issue. bind its protection levels for agriculture be- that pay them money so they can move This is the one vote that will be fore this natural, post-industrial tendency to up their standard of living in this heard around the world. This is the one extend lavish protection to relatively ineffi- world. cient farmers has expressed itself. vote which recognizes that countries That force, if turned loose in China, This is good for U.S. agricultural export- must play by the same rules in a ers, but the Chinese know it is good for them will change China forever. In par- globalized market if the market is to ticular, since China does not have the as well, which is why they are doing it. The be efficient and function properly. Chinese do not want to be stuck several dec- kind of central government the Soviet ades from now struggling, like the Japanese We hear so much talk about what is Union had, although we have from time and the Europeans, to escape a costly and happening to the world—globalization. to time called them both Communist burdensome system of subsidies to ineffi- International trade, as part of countries, they are certainly very dif- cient farmers. China’s agricultural policies, globalization, must be efficient and ef- ferent in terms of the ability to control which are not yet heavily protectionist, have fective. people and whether or not the central nonetheless already begun to generate peri- This is the one vote that will do a government really has as much control odic surpluses of corn, wheat, and rice, and great deal to encourage democracy for or is as despotic as the government officials have learned these surpluses are ex- one in five people living on this Earth. pensive to store at home and costly to export that was managed by a small oligarchy under subsidy. China welcomes the import I say encourage democracy because I in the Soviet Union. policy disciplines it is accepting in WTO as truly believe this is the one vote that I am not suggesting the trade, the an incentive to avoid moving toward costly invites China to be our trading partner Internet and computers will topple au- farm subsidy policies in the years ahead. and, at the same time, determines thoritarian structures in China over- All that remains is for the U.S. Senate to whether American manufacturers, night, but I do believe that for many approve Permanent Normal Trade Relations farmers, and service industries will get years information control was equiva- (PNTR) for China, so that U.S. farmers will the benefit of trade and of an agree- lent to people control, but information be able to share in the gains from this new trade liberalizing agreement. Without a ment pursued and negotiated by three control is quickly becoming more and PNTR policy in the United States, the ex- different American Presidents. more impossible. panded agricultural trade benefits from Chi- They cannot all be wrong. As a mat- Exposure to our economic system na’s accession to the WTO are likely to be ter of fact, they were all right. China is through trade, telecommunications, captured more by farmers in Canada or Aus- joining the WTO and have implemented and the Internet will encourage strides tralia, and less by the United States. a lot of reforms in order to be eligible. toward freedom, in my humble opinion. With the U.S. farm sector currently strug- Furthermore, it has made promises to For every argument that China is a gling under a burden of low prices brought do certain other things. So that the risk to America’s future, I argue that on in part by sluggish exports to East Asia, China trading with America is a move the China option is not one to be missed. U.S. can benefit from this new WTO Farm state legislators in Congress need to members’ market, Congress needs to in a direction of freedom that takes see these facts clearly when the time comes grant permanent normal trade rela- away from the risk of the future, takes to vote on PNTR status for China. tions to China. It just took us a long away from the risk of a centralized Mr. MOYNIHAN. Mr. President, see- time to understand and to work our powerful Chinese Government being ing no Senator seeking recognition, I way to this day when granting China dangerous to the world. Not that they suggest the absence of a quorum. permanent trade relations is finally be- are not, not that they could not be, but The PRESIDING OFFICER. The fore us. I submit it will be more and more dif- clerk will call the roll. On the subject of PNTR for China, ficult for that to occur as free trade The bill clerk proceeded to call the Chairman Greenspan said: permeates the cities and suburbs of roll. History has demonstrated that implicit in China and the people who live there Mr. DOMENICI. Mr. President, I ask any removal of power from central planners and the businessmen who will prosper unanimous consent that the order for and broadening of market mechanisms . . . by it. the quorum call be rescinded. is a more general spread of rights to individ- I offer that while it is not at issue, The PRESIDING OFFICER. Without uals. Such a development will be a far education is another catalyst for eco- objection, it is so ordered. stronger vehicle to foster other individual nomic freedom and democracy. Chinese Mr. DOMENICI. Parliamentary in- rights than any other alternative of which I students attending American univer- quiry. Is it appropriate for the Senator am aware. sities is an important part of any effec- from New Mexico to speak at this That is precisely what globalization tive economic trade and foreign policy point? and international trading—China trad- for the United States. I know there are The PRESIDING OFFICER. The Sen- ing with America—have a chance to do. a lot of young Chinese coming to ator is recognized. Exposure to democracy and cap- American universities to be students Mr. DOMENICI. Mr. President, this italism, information, and tele- here, and living our way of life while bill before us is a decisive step toward communications and communication they get educated. I asked my staff to normalizing trade relations with technology will increasingly influence find out just how many. Fifty thousand China. Chairman ROTH has character- the course of global affairs, without Chinese students from China now, not ized this vote, the one we will make on any question. Taiwan—attended American univer- this bill, as the most significant vote Imagine what Internet success means sities last year. The number grows by we will take this Congress. I agree. to a one-party, authoritarian state the thousands every year.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8482 CONGRESSIONAL RECORD — SENATE September 13, 2000 The important thing is that these consin issue, but New Mexico is now burden to the growth of cellular students are not studying math and ninth among all of the sovereign States phones. Maybe the word ‘‘burden’’ is science and culture by remote control. in terms of the production of dairy wrong, but at least cellular will not They are doing this by being physically products. That is why it turns out we grow as fast. present in American cities across this are working with China. Now enter into a Chinese city where land. I submit, the more the young peo- PNTR and China joining the WTO they do not have any telephone poles, ple of China experience America and will be a big help for the New Mexico and all of a sudden they have cellular are exposed to American freedom and producers of milk products, as the Chi- phones. They will never build tele- watch capitalism work in America, the nese people get the opportunity to phone lines. That is why you can say more likely it becomes that the future compare the comparative culinary they will go from 40 million to 70 mil- of China will be subtly but unalterably merits of Domino’s, Pizza Hut, and lion in 1 year. And who knows there- influenced in a positive direction. even Papa Johns. I know my friend after? Whether these Western-educated, from New York is not here working on I guess we could then ask, how many young Chinese people are involved in this agreement because he wants to see telephone poles could they put in the politics or business—I would add in more Pizza Huts in China, but I think ground? And how many telephone lines science or math or physics—their views he would not disagree that the United could they put up? While this was not about democracy and the free market States has an array of export opportu- part of my prepared text, I would spec- economics will not be controlled or nities from State to State. When you ulate that they are not doing hundreds dominated by the so-called party. add all those up, they do go as far as of thousands of miles of telephone Over the long run, experience and ex- the ingredients that go into a pizza, all lines. Why would they? They would posure will have a direct and signifi- the way to the ingredients and intellec- just leapfrog to the newest technology. cant impact on mainland China. And tual knowledge that goes into making And that is what they began to use. the leaders know what is happening. fancy computer chips or to make any- That is what they will use for a long The Chinese leaders do not attempt thing that China makes and sells to time hereafter. to stop their students from coming to the world. Some have argued that PNTR is an the greatest universities in the world The tariff on agricultural products attempt to move manufacturing jobs and get educated in the best way in the will drop. It will drop from 50 percent overseas. That is an argument we have world. In fact, sometimes I think they to 10 percent on cheese products; from to confront every time we talk about must be aware that there is a better 35 percent to 10 percent for lactose and lowering trade barriers with some way than what they have in their coun- whey, both of which are produced in country in the world. It was the same try, and to some extent they may large quantities in the States of the argument when created the North think a better way is substantially the United States that have many dairy American Free Trade zone with Mex- free way, the American way. cows and much milk production. ico, I say to my good friend from New China is a big, big market. It has It is not well known that Intel Cor- York. been estimated that the PNTR would poration manufactures flash memory Let me illustrate that this is not the increase U.S. exports to China by about microchips in its Rio Rancho plant in case with reference to that contention. $13 billion annually and will grow New Mexico, right next to Albu- Last week, Intel broke ground on a new every sector of this economy. China is querque. Flash memory chips are used fabrication plant in Rio Rancho, NM. densely populated. It is a country in in cellular phones, digital cameras, This expansion had a total cost of $2 which one in five people alive today personal computers. billion. live. Think of that. This is largely an The flash memory chips are sent to Mr. MOYNIHAN. Two billion. open, untapped market, both for the Shanghai for assembly and testing be- Mr. DOMENICI. It will provide 500 to mind and for substances of trade. fore they are shipped to customers 1,000 more jobs for New Mexico, highly I will comment on my State, which is worldwide. In 2000, Intel earned over paid, skilled jobs. not looked at as an exporting State, $500 million in revenue from the flash Obviously, local businesses will also but direct exports from New Mexico to memory chips manufactured in New profit from this expansion. That is China totalled $235 million in 1999; and Mexico and tested in China. Both China what expanded trade with China means adding indirect exports through Hong and New Mexico added profit to the to Americans and to New Mexicans. Kong, brings our total to about $320 to product as it moved its way to market. I gave you the example of the $2 bil- $350 million. If we do not grant PNTR status to lion investment because that invest- We often hear the expression ‘‘every- China, it is quite obvious that some- ment is made to make one phase of the thing from soup to nuts’’ to describe body else will take our place in each of computer chip that I just described. something very comprehensive, some- these markets that I have described for The other phase will be done in China. thing widespread. An apropos variation my State in terms of being a manufac- Both countries will gain employment of this colloquialism is ‘‘China-New turer of products. Obviously, someplace and will gain in terms of the produc- Mexico trade covers everything from else in the world can decide, if we are tion of items that add to our respective chips to cheese.’’ going to leave that trade barrier up, in- gross national products. I do not know Agricultural tariffs will be cut by stead of reducing it 50 percent and 30 which will have more. I would assume more than half. New Mexico has, be- percent, as I have described, to get the they would have a few more workers lieve it or not—and this is not because business and the profit margin, where a doing theirs, but we will have the mas- PETE DOMENICI is of Italian extraction, foreign business could have the tariff ter plant with the most modern tech- whose mother and father came to New rate that is not being adjusted. nology. Mexico as immigrants—the largest China is discovering the necessity for The challenge to America in an inter- mozzarella cheese plant in all the cellular phones. I am talking about a national global market is the risk that world. The mozzarella cheese for all of product with which we are all becom- we are taking, and it is singular. It is those delis they have in New York, ing very familiar. There were 40 mil- one. It is that we will not be able to where does it come from? New Mexico. lion cellular phones in China last year. produce the high-tech, high-paying jobs And so is the case for China; it comes This year, the estimate is 70 million. ahead of the rest of world and keep from New Mexico. They are one of our By 2003, China has projected to have them here. That is really the only chal- large importers of that cheese, and more cell phones in use than any other lenge. If we can do that, and train our many other cheese products made in country on the globe. people sufficiently to do that, we will our State. You can understand that because, win all the time because we will keep Incidentally, I say to Senator MOY- you see, to some extent cellular phone the high-paid, highly skilled jobs here, NIHAN, while time has been passing, use in America was inhibited by poles, as we are currently doing vis-a-vis a New Mexico has been growing in terms with telephone lines, and telephones country such as China or other coun- of dairy cows and as part of American that are attached to them. We had that tries in the world. milk production. Everybody thinks before cellular phones were invented. So granting PNTR to China makes dairy product production is a Wis- While we think that is great, it is a practical economic policy, and it

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8483 makes good foreign policy. I think they let that happen. We went from Govern- do we include one-fifth of mankind in are tied together in this case. ment ownership to no ownership to the world’s system we wish to create, I have had an opportunity to talk to oligarchs who substituted here in the we have created, and are creating, or Henry Kissinger, who I happen to know middle who became powerful, rich peo- do we say, no, you are out, and invite quite well from a long, long time ago, ple who put these businesses together; hostility that could spoil the next half when he came to my State with his bought them from the Government. century? young son who is now grown up and is Now a few groups own more businesses We have not. Today we voted by a involved in the movie production busi- than anybody expected in Russia and two-thirds majority to go forward. I ness. He was 13 when he joined his fa- do not run it in any way consistent thank the Senator for his vote and his ther in my city doing an event for me with Russia’s future. It is just their leadership throughout. It is a cheering when I was a young Senator. He talked own. Whether they pay taxes or not is experience in what has not been always about the global policy significance, their business. That is the way things a cheering year. not just its economic significance. I go. It is not so good. Mr. DOMENICI. Will the Senator agree. I agree that there is no doubt Let me talk about this trend that is yield? that this is good trade policy and good occurring in China. I think it is excel- Mr. MOYNIHAN. Mr. President, I foreign policy. lent. It is a great sign because a grow- yield. Mr. DOMENICI. Mr. President, I Grant PNTR is practical economic ing market-based economy is the most thank Senator MOYNIHAN for those policy, but it is also inescapable eco- effective path to democracy for China kinds words and for his last observa- nomic policy because it is impossible, and should be encouraged as part of the in this era of globalization, for the tion. American policy with other free na- Perhaps Mr. Shapiro said it more elo- United States to fence off 20 percent of tions in the world. quently than I. I consider it one of the the world’s population and refuse to There have been a lot of amendments most important events, and I described trade with them on the same trade offered to this bill. I owe the Senators that early on as I see it. terms we trade with others. Trade rela- who offered them, individually or for I would add one observation. I ask tions with China are not the same as themselves and others, an explanation the Senator if he shares this. Frankly, they were in 1979 when China and the of why I voted against each and every I think it is very important, when United States first resumed diplomatic one. Some of them are very good. Some China is granted PNTR, when it be- relations. At that time, all trade of them, if freestanding and not bur- comes a member of WTO, that they not flowed through the Chinese Govern- dening a measure of this magnitude, I leave with the American people in the ment in the form of state-owned enter- probably would have come down and next few years, that they not let activ- prises. Today the private sector ac- even debated. I did not. I did not come ity on their part happen which would counts for nearly 70 percent of China’s and talk on any of them because I was let Americans think that they are dis- output. Maybe I would put it dif- not going to vote for any. It appeared criminating against the purchase of ferently because some of these centers to me that my responsibility as a Sen- American goods and services. If we are of trade, we don’t know whether they ator was to see that this legislation got competitive in this world, whether it are private sector, as we understand through here, at least as much as I be in services or in products or in agri- them, but the nongovernment sector, could. That meant don’t add amend- cultural products, we don’t expect nonowned by the Government, is near- ments to it that are apt to make it im- China to control that through its Gov- ly 70 percent of the Chinese output possible for this legislation to get ernment but rather leave it to the free compared with 30 percent Government- passed and sent to the President for and open market or, indeed, Americans owned. signature. will look at this as a sham. We understand the Government is I consider this to be the most impor- Mr. MOYNIHAN. Yes, sir. not too happy with owning even the 30 tant event of this year and maybe of a Mr. DOMENICI. Our companies are percent because they really don’t know couple years. While it does not come telling us they can compete. I know of how to run it. They are seeing what is out of my committee, I have been in- many areas they can compete, and happening in the competitive world, formed on it. I worked on it. I am very they are not competing because of and big policy discussions are occur- proud of the Finance Committee and in trade barriers, because of tariffs, and ring there as to what do they do about particular the chairman, the distin- because of the selectivity of some of that situation. They have observed and guished Senator from Delaware, Mr. the governmental entities in terms of have learned what happened to state- ROTH, and obviously, the ranking mem- who they pick and choose. That part is owned businesses in the former Soviet ber, the distinguished Senator from a little risky on their end. It may be a states, and they went from total own- New York. small amount of product, but it could ership to nobody wanting ownership. Mr. President, I yield the floor. be a very big wave if they are not care- There was nothing in between. We have The PRESIDING OFFICER. The Sen- ful. the former Soviet Union, at least Rus- ator from New York. Mr. MOYNIHAN. Mr. President, if I sia, with an economic production ma- Mr. MOYNIHAN. Mr. President, be- might respond, there is an extraor- chine that has been reduced to almost fore our beloved chairman of the Budg- dinary symmetry to what we are doing nothing. We will soon be comparing the et Committee, the Senator from New today. Toward the end of the Second total gross domestic product of Russia Mexico, leaves, may I thank him for World War, when China was our ally, with one of the smaller countries in his remarks. All anyone need say is we gathered at Bretton Woods in New Europe. Imagine that. what he has said. I would just supple- Hampshire and drew up the plans for Mr. MOYNIHAN. Will my distin- ment them with one comment to rein- what became the World Bank, the guished friend yield for a question? force what he has said. We, the Finance International Monetary Fund, and an Mr. DOMENICI. I am pleased. Committee, held a long series of hear- International Trade Organization to es- Mr. MOYNIHAN. Would he know that ings on the bill. It happens, in the last tablish common rules for trade that the current best estimate is that the paragraph of the last witness, the Hon- would be abided by, a rule of law that GDP of Russia is now approximately orable Ira Shapiro, who has been pre- could be adjudicated and settled. China that of Switzerland? viously our chief negotiator for Japan was a full participant at the Bretton Mr. DOMENICI. I wouldn’t. and Canada at the Office of the U.S. Woods Conference. China joined the Mr. MOYNIHAN. And that sequence, Trade Representative, said thus: General Agreement on Tariffs and exactly as he has described it, total This vote is one of an historic handful of Trade after the International Trade Or- ownership to no ownership, as against congressional votes since the end of World ganization, sir, was defeated in the the transformation before our eyes, is War II. Nothing that Members of Congress do Senate Finance Committee. taking place in the PRC. this year or any other year could be more They withdrew after the Chinese Red Mr. DOMENICI. That is absolutely important. Army overran the mainland. But now correct. I might add that what is hap- He was not simply speaking of trade the People’s Republic has asked to pening in Russia, the Chinese have seen and the standard of living. He was talk- come back and join the revived Inter- very clearly. They are never going to ing about the large geopolitical fact of national Trade Organization, now the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8484 CONGRESSIONAL RECORD — SENATE September 13, 2000 World Trade Organization, which has Mr. FEINGOLD. Mr. President, I ask against consideration of the resolution) are rules that are to be abided by, and non- unanimous consent that reading of the waived. The motion is highly privileged in discrimination is the first rule. amendment be dispensed with. the House of Representatives and is privi- That is why this measure is so impor- The PRESIDING OFFICER. Without leged in the Senate and is not debatable. The tant because we could not be in the motion is not subject to amendment, or to a objection, it is so ordered. motion to postpone, or to a motion to pro- WTO with China if we had a provision The amendment is as follows: ceed to the consideration of other business. that we must renew normal trade rela- (Purpose: To make technical changes relat- A motion to reconsider the vote by which tions status once a year. No, but each ing to the recommendations of the Con- the motion is agreed to or disagreed to shall of us must abide by the rules. It is now gressional-Executive Commission on the not be in order. If a motion to proceed to the up to the vigilance of our Department People’s Republic of China) consideration of the resolution is agreed to, of Commerce, the Trade Representa- On page 44, beginning on line 4, strike all the resolution shall remain the unfinished tive, American business, and labor through page 45, line 12, and insert the fol- business of the respective House until dis- unions to see to it that the rules are lowing: posed of. abided by. You can’t hope for more. (g) ANNUAL REPORTS.—The Commission (4) The provisions of paragraphs (1) Let us go forward in confidence and shall issue a report to the President and the through (3) are enacted by determination, as the Senator de- Congress not later than 12 months after the Mr. FEINGOLD. Mr. President, this scribed. I thank the Senator. date of the enactment of this Act, and not amendment will increase the strength Mr. DOMENICI. I thank the Chair. later than the end of each 12-month period and the relevance of the Congressional- Mr. MOYNIHAN. I yield the floor. thereafter, setting forth the findings of the Executive Commission on the People’s The PRESIDING OFFICER. The Sen- Commission during the preceding 12-month Republic of China. period, in carrying out subsections (a) It is no secret that I oppose H.R. 4444, ator from Colorado is recognized. through (c). The Commission’s report shall Mr. ALLARD. Mr. President, I know contain recommendations for legislative or the bill extending permanent normal my colleague from Wisconsin has been executive action, including recommenda- trade relations to China. I believe it is here before me. I have been asked by tions indicating whether or not a change in a mistake to institutionalize a separa- the majority leader to make a unani- China’s trade status is merited. tion between our trading relationship mous consent request. As soon as I (h) SPECIFIC INFORMATION IN ANNUAL RE- with China and our concerns regarding make it, I hope the Chair will recognize PORTS.—The Commission’s report under sub- the deteriorating human rights situa- my colleague from Wisconsin. section (g) shall include specific information tion in China. I believe this Mr. President, I ask unanimous con- as to the nature and implementation of laws compartmentalization of American in- sent that there be 30 minutes equally or policies concerning the rights set forth in terests makes for policy that is con- paragraphs (1) through (12) of subsection (a), divided for debate relative to the Fein- and as to restrictions applied to or discrimi- fused, contradictory, and ultimately gold amendment regarding a commis- nation against persons exercising any of the ineffective. sion, with no second-degree amend- rights set forth in such paragraphs. I am not blind to the numbers; I am ments in order prior to the vote. (i) CONGRESSIONAL PRIORITY PROCEDURES.— not blind to the likely votes. This bill I further ask consent that following (1) INTRODUCTION AND REFERRAL OF RESOLU- stands an excellent chance of passing that debate, Senator WELLSTONE be TIONS.— the Senate, and we are dealing with recognized in order to resume debate (A) IN GENERAL.—Not later than 10 session legislation likely to become law. So I on amendment No. 4120. days after receipt of the Commission’s report choose to take seriously the efforts I further ask consent that following by a House of Congress, the Majority Leader made in the other body to somehow in- of that House shall introduce a joint resolu- the use or yielding of that debate time, tegrate human rights concerns into the Senate proceed to a series of roll- tion in that House providing for the imple- mentation of such recommendations of the this legislation. call votes in relation to the following Commission’s report as require statutory im- Perhaps I am supposed to assume amendments, with 2 minutes for clos- plementation. In the case of the Senate, such those efforts are simply window dress- ing remarks prior to each vote. Those resolution shall be referred to the Com- ing, mere political cover for those who amendments are as follows: Helms mittee on Foreign Relations and, in the case feel obligated to address human rights amendment No. 4128; Helms amend- of the House of Representatives, such resolu- issues but who are also disinclined to ment No. 4123; a Feingold amendment tion shall be referred to the Committee on impede this trade initiative with in- regarding a commission; Wellstone International Relations. In the consideration convenient complications. But I reject amendment No. 4120. of resolutions referred under this subpara- that assumption. If this bill passes, as Mr. MOYNIHAN. Mr. President, graph, such committees shall hold hearings on the contents of the Commission’s report it probably will, the Congressional-Ex- might I inquire, I understand there are and the recommendations contained therein ecutive Commission on the People’s to be 2 minutes of debate between each for the purpose of receiving testimony from Republic of China will be important of the specified votes. Members of Congress, and such appropriate both in substance and as a symbol. It Mr. ALLARD. Yes, 2 minutes for representatives of Federal departments and may well be the only remaining bridge closing remarks prior to each vote. So agencies, and interested persons and groups, in our China policy between this coun- I assume that is 1 minute to each side. as the committees deem advisable. try’s highest values and the pursuit of I understand this has been agreed to by (B) SESSION DAY DEFINED.—The term ‘‘ses- profit for the few. It will be the watch- sion day’’ means, with respect to a House of the leadership on both sides. dog, in a sense, responsible for ensuring The PRESIDING OFFICER. Is there Congress, any day on which the House of Congress is in session. that our trade policy undermines nei- objection? ther our national values nor our na- Without objection, it is so ordered. (2) PROCEDURE FOR DISCHARGE OF COMMIT- tional character. Its structure and its The PRESIDING OFFICER. The Sen- TEES.—If the committee to which is referred such resolution has not reported such resolu- mandate will carry this burden. So I do ator from Wisconsin is recognized. tion at the end of 15 calendar days after its Mr. FEINGOLD. Mr. President, I ask think this commission deserves our se- introduction, such committee shall be dis- rious consideration. unanimous consent that the pending charged from further consideration of such amendment be temporarily set aside so As currently constructed, the com- resolution and such resolution shall be mission would produce an annual re- I may offer an amendment. placed on the appropriate calendar of the The PRESIDING OFFICER. Without House involved. port. But it would not be required to objection, it is so ordered. (3) MOTION TO PROCEED.—When the com- include policy recommendations in this AMENDMENT NO. 4138 mittee to which a resolution is referred has report, and neither the House nor the Mr. FEINGOLD. Mr. President, I send reported, or has been deemed to be dis- Senate would actually be required to an amendment to the desk and ask for charged (under paragraph (2)) from further debate the report or to hold any kind consideration of, a resolution described in its immediate consideration. of vote on it. In short, the commission paragraph (1), notwithstanding any rule or would be extremely weak and then, of The PRESIDING OFFICER. The precedent of the Senate, including Rule 22, it clerk will report. course, could be easily be marginalized. is at any time thereafter in order (even My amendment would strengthen the The assistant legislative clerk read though a previous motion to the same effect as follows: has been disagreed to) for any Member of the commission in several ways. First, it The Senator from Wisconsin [Mr. FEIN- respective House to move to proceed to the would require that the commission’s GOLD] proposes an amendment numbered consideration of the resolution, and all report contain recommendations for 4138. points of order against the resolution (and legislative and/or executive action,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8485 rather than simply permitting such betan and Chinese people, fighting newest WTO member nation, Albania. recommendations. As the debate on every day for religious freedom, are We are not singling China out for spe- this bill has shown, we do not lack for relevant. Victims of torture are rel- cial treatment, nor are we ushering reports of gross human rights viola- evant. The Congressional Executive- them into the community of nations. tions in China. But simply stating the Commission on the People’s Republic The World Trade Organization exists facts is not enough; our actions must of China is where these people will now separate from our decision. reflect acknowledgement of those have to find their place in U.S. policy. I am struck most by this fact: That if facts. Thick reports and handwringing I urge my colleagues to take this seri- the United States does not pass perma- in and of themselves do not serve U.S. ously and give it the strength it needs nent normal trading relations, it does interests. Policy recommendations to be meaningful. not keep China out of the WTO. It just have to be an explicit part of the com- I reserve the remainder of my time, keeps America from benefiting from mission’s mandate. and I yield the floor. China’s presence in it. In addition, this amendment would The PRESIDING OFFICER. The Sen- China has 1.3 billion people, a pur- require that legislative proposals con- ator from Colorado is recognized. chasing power of $4.42 trillion, and a tained in the report be considered by Mr. ALLARD. Mr. President, the Re- yearly import market of $140 billion. both the House International Relations publican floor manager has indicated I Nearly 20 percent of the world lives Committee and by the Senate Foreign could use his time to talk about this within its borders—a fifth of the world. Relations Committee. As it now important piece of legislation. I don’t And many of the Chinese people are stands, this commission reports only to have any remarks I am going to direct just beginning to desire Western prod- the House. I urge my colleagues in this specifically to the amendment; al- ucts such as those made in Colorado— body, the Senate, to recognize that the though, I find myself in the same posi- luxury goods, communication gear, Senate needs to consider this report tion as the Senator from New Mexico, computers, software, western beef, and its recommendations as well. We Mr. DOMENICI, in that there are many wheat, and so much more. The rest of cannot leave this important work sole- amendments that, under different cir- the world is scrambling ferociously to ly to our House colleagues and, in ef- cumstances, I may very well have pass their own version of PNTR to cap- fect, wash our hands of it. We must found myself supporting. But because I ture the China market. protect the Senate’s prerogatives and think this is such an important piece If we turn down this opportunity or if ensure that both Chambers of this Con- of legislation, I have decided to oppose we amend it into practical nullifica- gress engage with this important com- any amendments that will be made to tion, we will not stop China’s human mission. this bill because I think it will put it in rights problems; we will not force Finally, this amendment lays out a jeopardy, and the chances of it passing China to accept freedom of religion, procedure by which this commission’s the House are, from what I understand, speech, or other individual liberty. All recommendations could be considered not good if we put Senate amendments that will happen is the United States by this body rather than simply gath- on this side. will be denied the loosening of tariffs ering dust and assuaging consciences I think we will have an opportunity and import controls that the rest of on our office shelves. It would establish in the future to address some of the the world nations will gain. a procedure, one that is not unfamiliar amendments that were attempted to be If Congress balks at PNTR this year, or unprecedented, whereby commission made to this particular piece of legisla- 137 nations other than the United recommendations, in the form of a res- tion. Under those circumstances, as I States will benefit from free trade with olution, would be considered by the ap- mentioned earlier, I will probably sup- China while American workers, farm- propriate committees. These commit- port them. ers, ranchers, and small businesses are tees would then hold hearings to re- I think this is a very important piece denied equal access. view these recommendations, allowing of legislation for this country. It is a Everyone knows we trade with China for public comment and opening up very important piece of legislation as now. Colorado exported $166 million this process to democratic participa- far as the State of Colorado is con- worth of goods to China in 1998. Colo- tion and actual debate. cerned. The State of Colorado has expe- rado Springs alone, one of our larger Critically, after committee consider- rienced tremendous growth in exports, metropolitan areas, exported $41 mil- ation, any Member of the House or and I attribute that to the type of in- lion. Denver, another of our larger Senate would have the right to call up dustry we have in the State of Colo- metropolitan areas, exported $16 mil- the resolution on the floor. This rado. We are primarily agriculture and lion to China. And these numbers are amendment ensures that the crucially light manufacturing, which includes only going to grow. If we grant China important issues covered by the com- high-technology. Those are areas where PNTR, Colorado will be assured a more mission can be considered by any Mem- we have had a lot of growth in exports prosperous future. Why? Because with ber, not only the members of certain nationwide. Colorado has been the ben- PNTR–WTO membership, China will committees. As it now stands, only efactor of that. have to lower their average tariffs on members of the House International I have come to the belief that we U.S. goods from 24 percent to 9 percent. Relations Committee would have the need to work to open trade barriers. They will have to cut average agricul- power to consider and weigh the com- When we open these trade barriers, de- tural tariffs in half and eliminate all mission report. That seems very odd to mocracy is exported and we prosper tariffs on high-tech goods. But Colo- me for a bicameral legislature. This economically. Colorado would be one rado and the United States will not amendment provides a mechanism for State in the Nation that would be a have to undergo similar market re- moving the substance of commission good example of that. structuring. The United States already recommendations onto the floor and Western civilization has been trading has open markets and engages in free into the realm of full congressional in some manner with China since the trade. consideration. Roman Empire anchored one end of the It is China that will have to open This is hardly an extreme propo- Silk Road. But it will not be until we their markets and end their protec- sition. My amendment would give this pass this bill before us that our culture tionism to benefit from WTO member- commission greater relevance, rather will have access to free and open trade ship. This will then facilitate more than relegating it to bureaucratic with this massive country called trade and higher profits for Colorado limbo. Relevance seems like an emi- China. companies and Colorado workers. nently reasonable goal for a body I am glad most of us have recognized Why is China doing this? Because charged with the critically important that the term ‘‘most favored nation’’ they know what we do. Free trade ben- work of reconciling U.S. support for was a misnomer. This country needs to efits those who practice it. human rights with the U.S. trade pol- remember that China will not actually Many export producing jobs pay bet- icy toward China. be ‘‘favored.’’ China will be equally ter than basic service sector jobs. In- Those toiling in forced labor camps treated as we treat the other 137 World creasing trade generates more jobs of a are relevant. This body ought to be- Trade Organization countries such as higher quality, and that presents more have as if they are relevant. The Ti- Cyprus, Jamaica, and Djibouti, or the opportunities for workers.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8486 CONGRESSIONAL RECORD — SENATE September 13, 2000 For instance, since NAFTA, Colorado more mature, efficient, and equitable Mr. ROTH. Mr. President, I rise in has increased exports to Mexico by $300 system. opposition to the Feingold amendment. million. China PNTR will add to this Some oppose trade agreements be- This amendment would change the export total. cause of security concerns. Trade mandate of the Levin-Bereuter Com- If we were to set aside economic rea- agreements are not the reason for the mission created by H.R. 4444 by man- sons, there are still many other rea- loss of our nation’s military secrets. dating that it make recommendations sons to favor PNTR. The first is hu- We have seen serious security lapses to the Congress on legislative actions. manitarian. in the Department of State, Depart- Such recommendations would have to History has shown that it is the iso- ment of Defense, Department of En- be introduced in each body, be referred lated, closed societies that are the ergy, and our national laboratories. to the Foreign Relations Committee most brutal and repressed. Inter- The responsibility of protecting our na- and the International Relations Com- national contact—such as would be tional secrets lies with the Administra- mittee, and be considered by those brought about by increased trade, with tion, not our trade policies. committees and the Congress under businessmen, foreign goods, exchanges, The most recent Department of En- rules similar to ‘‘fast track.’’ corporate presence and marketing— ergy security blunder, losing two hard I oppose this amendment for many would serve to increase access to a drives, coupled with the discovery of reasons. As a jurisdictional matter, I higher standard of living and a better bugging devices in State Department oppose a change in the rules of the Sen- quality of life. conference rooms and the mishandling ate that would refer a revenue measure We would be able to up-grade the ev- of classified information by the re- to a committee other than the Finance eryday lifestyle of the ordinary people cently dismissed Director of the Cen- Committee, as this amendment would of China, and that is not an oppor- tral Intelligence Agency, builds a very do if the Commission recommended a tunity to be ignored by those who seek strong case for this administration’s change in the trade status of China, to aid the world’s less fortunate. blatant disregard for protecting our na- and I urge all Finance Committee The number one export from America tional security secrets. members to support me. is democracy. However, these wrongs pale in com- Second, I see no need to compel a rec- PNTR will not only tear down the parison to the Secretary of Energy’s ommendation out of the Commission. trade barriers for Colorado’s workers, decision to ignore the public law en- As outlined in the mandate of the Com- farmers, and small businesses, it will acted by Congress last year to estab- mission, if they choose, they may also flood the Chinese culture with the lish a semi-autonomous National Nu- make a recommendation to the Con- American ideals of liberty and democ- clear Security Agency to correct gress on legislative action. Compelling racy. known security deficiencies within his the Commission to do so strikes me as When the freedom protesters took department. misguided. over Tiananmen Square in 1889 and Fortunately, the recent Los Alamos Third, I see no need to fast track a built a replica of the Statute of Lib- incident expedited what had become a recommendation by the Commission. erty, they were not just expressing sup- stalled effort to confirm General John The Congress can consider any rec- port for the type of freedoms enshrined Gordon as Director of the newly formed ommendation by the Commission in our political documents. NNSA. With General Gordon in place, I under the regular order, just as we are They were expressing a desire for the sincerely believe we will finally get considering PNTR. liberty and benefits of a modern, vi- some action to hasten security reform Finally, as I have outlined with every brant, and free United States that they within this agency. amendment, I believe the adoption of saw on the current world stage. But these acts, all pre-PNTR, high- this amendment would unnecessarily By increasing our relations with light a simple truth—weapons pro- risk slowing the underlying bill down. China, we can side step the admittedly liferation, national security, and de- Therefore, I view a vote for this amend- authoritarian regime in Beijing, and fense are functions of a nation’s lead- ment as a vote to kill PNTR. deal with the people themselves ers, not its merchants. Mr. FEINGOLD. Mr. President, I will through our products and our commu- If we want a strong, pro-active na- briefly respond to the comments of the nications. tional defense that diligently main- distinguished chairman. The Soviet Union did not fall because tains our vital interests, we can not ex- Yes, this amendment, in terms of the we passed resolutions against them. It pect to let trade agreements alone commission that was established in the did not fall because we had bitter de- shoulder that burden. House consideration of the bill, says bates about their human right records, It is my hope that the upcoming vote there ought to be some recommenda- and it did not fall because we regularly will confirm America’s commitment to tions coming out of this commission, reviewed their civil liberties. free trade, international participation, there ought to be some reality. This is It fell for two reasons that remain and mutually beneficial capitalism. all we will have left of the opportunity relevant today: The Soviet Union fell That is why I will be voting in favor of to consider issues such as human rights because the oppressed people of East- China PNTR and against any amend- in connection with China’s trade sta- ern Europe grew tired of being left be- ments. tus. hind by the western prosperity they I yield the remainder of my time. Instead of just having a series of doc- saw, and because their leaders realized The PRESIDING OFFICER (Mr. uments or volumes on a shelf gathering that President Reagan would not let VOINOVICH). The Senator from Wis- dust, we suggest there ought to at least them take that prosperity by force. consin. be a requirement that there be rec- Unable to keep up with the western na- Mr. FEINGOLD. It is my under- ommendations coming forward. That tions, they fell behind and eventually standing that the Senator from Colo- seems to me to be very modest. This is fell apart. rado has yielded time in opposition to not something that would in any way We need to remain aware of and se- my amendment. undercut the legislation or the purpose cure against China’s sometimes blatant Mr. ALLARD. I yield my time on the of the legislation. It would simply hostility to us and our ideals. But we floor and I reserve the time we have in make sure that the work of the com- have less to fear from a China that opposition. mission results in some recommenda- shares an engaged, mutually beneficial Mr. FEINGOLD. I am prepared to tion. relationship than from an excluded yield back my remaining time. What strikes me as even more China shut out of our markets. Mr. ALLARD. I want to make sure strange about opposition to this Taiwan, the nation most under the the floor manager is comfortable yield- amendment is that the distinguished gun from an aggressive China, supports ing back on our side; if so, I yield back chairman would leave this commission Chinese PNTR/WTO membership for the remainder of time. to be only a commission that reports this very reason. It suggests that they Mr. ROTH. I suggest to the Senator to the House of Representatives. He too hope that increased trade will over- from Colorado that I will make a few would prefer that a commission that whelm the communist system and comments. apparently is a serious commission, force it to grow and develop into a Mr. ALLARD. I yield my time. one that the chairman will support, as

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8487 he votes for final passage of the bill, Mr. President, this amendment would Association to Protect Workers’ should not report to this body. I would delay the effective date of PNTR until Rights. In July, a labor activist and think his institutional concerns of hav- the President can certify that China China Democracy Party member was ing to do with proper referral to one has provided a full accounting of activ- arrested on subversion charges. He was committee or another in a revenue bill ists who have been detained or impris- arrested after taking part in a workers would also apply to the notion that a oned for their labor activities and demonstration outside the provincial report should go to the Senate as well China is making ‘‘substantial government building. He was sentenced as to the House on something as sig- progress’’ in releasing these activists to 6 years in prison. nificant and weighty as the question of from prison. In July, another labor activist was human rights and other issues in con- What we are really talking about sentenced to 10 years, and two others nection with China’s trade status. I here is that this amendment calls upon were sentenced to 2 years in prison for find it baffling that the main pro- the President to delay the effective subversion. What is it that they had ponent of this bill would not agree that date of PNTR until we get from China done wrong? They were out there try- this Senate should receive the report, an accounting of those citizens who ing to organize workers and the family as well as the House. have now been imprisoned in China be- of one of these activists alleged that The Senator makes the point, as well cause they have tried to exert their the police hung him by his hands in he should as chairman of the Finance human rights to organize and bargain order to extract information on fellow Committee, that he believes there may collectively so they can make a decent dissidents. be some concerns about proper jurisdic- wage, so they can work under civilized In August, another labor activist in tion in terms of committees. I am a working conditions, so they can sup- China was given a 10-year prison sen- member of the Senate Foreign Rela- port their families. tence for illegal activities in the 1980s, What we are talking about is we tions Committee, so I definitely believe and more recently he was also thrown want to see some evidence that China this should go to the Senate Foreign in prison because he had organized has made substantial progress in re- Relations Committee. worker demonstrations. This time he leasing these activists from prison. We But I have no problem with certainly was convicted for providing human do not have an exhaustive list of all inviting an amendment that calls for a rights organizations overseas with in- the labor activists who are now serving joint reporting to both the Senate For- formation on protests—a 10-year sen- prison terms in China. There are many eign Relations Committee and the Sen- tence, prison sentence, for a man who of them about whom the facts are un- ate Finance Committee. It seems to me had the courage to try to organize peo- known. That is one of the reasons this that would take care of that concern. I ple and who then went to human rights amendment calls on China to provide a know of a number of cases in my brief organizations overseas with informa- full accounting. But I will draw from time in the Senate where we have had tion about worker protests in China. what empirical evidence I have as a these joint referrals, and that would He is now serving 10 years in prison. Senator, a Senator who is concerned take care of the chairman’s concern. Don’t you believe we could at least Not only is this amendment not about human rights and the right of people to be able to organize their own ask China to provide us with some threatening to the underlying purpose credible information that they were of this legislation, it is simply an independent unions. I will draw from two sources of information. The first is now letting these people out of prison; amendment that balances the purpose that they were doing something about of this commission so that it has some the U.S. State Department Human Rights Report which actually confirms all of the people who have been impris- relationship to the structure of our oned? Congress. It says there ought to be rec- that the Chinese Government has been This list is compiled by the ILO— ommendations given and they should persecuting and incarcerating labor ac- Senator MOYNIHAN talked about the be reported to the Senate as well as to tivists. ILO yesterday on the floor of the Sen- the House; that the Senate Foreign Re- According to the State Department: ate. A 28-year-old worker in a Hunan lations Committee should continue to Independent trade unions are illegal. . . . Province electrical machinery factory, consider these recommendations, as it Following the signing of the International was sentenced in 1989 to a life sentence has done in the past. Covenant on Economic, Social, and Cultural Rights in 1997, a number of labor activists for hooliganism. His reduced sentence I can’t think of a more modest petitioned the Government [Chinese Govern- is being served in prison and he now amendment one could raise with regard ment] to establish free trade unions as al- has been told he will get out in the to this bill. It is based on a commission lowed under the Covenant. The Government year 2007. that was already approved overwhelm- has not approved the establishment of any ingly in the House of Representatives independent unions to date. A manual worker in Shanghai and a member of the Workers Autonomous and supported by all of those who sup- Now I will talk about some specific Federation was sentenced in 1993 to 9 port this legislation. All we are trying examples. First, I will draw from the years in Shanghai prison for organizing to do is have a similar requirement State Department report—our State a counterrevolutionary group. That with respect to a report in the Senate. Department report of this past year. It couldn’t be more modest. It is a sign Two activists in January were sen- from the ILO—my evidence. of how desperate the proponents of this tenced to reeducation through labor for A worker, organizer of another Work- legislation are to get this thing 18 months and 12 months, respectively. ers Autonomous Federation was sen- through without even the possibility of Why were they arrested? They were tenced to 13 years imprisonment—for a modest, logical change such as hav- leading steelworkers in a protest be- hooliganism again. That is the charge ing the Senate as well as the House re- cause they had not been paid wages. any time you demonstrate, any time ceive a report. In January of this year, another ac- you try to organize people, any time I reserve the remainder of my time. tivist, the founder of the short-lived you have the courage to stand alone Mr. President, I am prepared to yield Association to Protect the Rights and and speak up for democracy. the remainder of my time if the opposi- Interests of Laid-Off Workers, unsuc- Another worker in Hunan, again, tion to the amendment will do the cessfully appealed a 10-year prison sen- Yueyang City in Hunan, organizer of same? tence he received—10 years in prison. the Workers Autonomous Federation, Mr. ROTH. Mr. President, I yield the He had been convicted—for what? ‘‘Ille- was sentenced to 15 years—same remainder of the time on our side. gally providing intelligence to a for- charge, hooliganism. Mr. FEINGOLD. I yield back the eign organization.’’ What was that for- A 39-year-old lecturer in the Com- time. eign organization? It was a Radio Free parative Literature Department at the The PRESIDING OFFICER. The Sen- Asia reporter, and he was talking Language Institute in Beijing was sen- ator from Minnesota is recognized. about worker protests in Hunan Prov- tenced in 1995 to 20 years in Prison No. AMENDMENT NO. 4120 ince. For that, a 10-year prison sen- 2 for organizing and leading a counter- Mr. WELLSTONE. Mr. President, my tence. Do we not care about this? revolutionary group, and for commit- understanding is we are now consid- In April of this year workers an- ting counterrevolutionary propaganda ering amendment No. 4120. nounced the formation of the Chinese and incitement.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8488 CONGRESSIONAL RECORD — SENATE September 13, 2000 A 30-year-old medical researcher in ious to hear whether there is any re- going forward with normal trade rela- the Department of Psychiatry at Bei- sponse. Above and beyond the human tions with China, at least—and I want jing’s Anding Hospital was sentenced rights question, above and beyond the to read this again—at the very min- to 17 years in Prison No. 2 in Beijing fact that we should not be silent—I imum, the President needs to certify for organizing and leading a counter- have said this for the last several China has provided a full accounting of revolutionary group. days—above and beyond the fact that these activists who are detained or im- A 40-year-old worker at a chemicals we should be willing to speak up and prisoned for their labor activities. accelerator fluid plant in Beijing was vote for the rights of people to organize That is all the amendment asks, and sentenced to 13 years in Prison No. 2 independent unions in China, we should China can show it is making substan- for organizing and leading a counter- not let this Government with impunity tial progress in releasing these activ- revolutionary group. put people in prison for 12, 14, or 16 ists from prison. That is what this Another activist was sentenced to 11 years because they have done nothing amendment is about. years in prison for organizing and lead- more than try to speak up for them- In a broader sense, this amendment ing a counterrevolutionary group. selves and form a union so they can is also about the right of people to or- Colleagues, I have other names and make a decent wage and they can sup- ganize and bargain collectively, and other examples. But I think there are port their families. this is an amendment that says why several reasons why we should be con- There is another reason. Senator should the people we represent in our cerned about the persecution and im- SARBANES spoke about this on the floor States be put in a situation where they prisonment of labor activists in China. of the Senate the other day. It is this: lose their jobs and where our commu- First of all, labor rights, the right to What we are going to see is not nec- nities lose businesses that go to China organize, recognized by international essarily more exports to China but because they know they can pay miser- law, are a fundamental human right. more investment in China. If we do not ably low wages, where people wind up When men and women have the cour- speak up for the right of workers to or- in prison if they should dare get a bet- age to stand up for justice at the work- ganize in China, China will become the ter job, where they can actually export place, they ought not be locked up, export platform in this new inter- products made with prison labor, and they ought not be treated like animals, national economy that we talk about, we are not voting for amendments that they ought not be serving 10-, 12-, 14- and it will be a magnet for any kind of give the people we represent in our own year prison sentences in China, and we company that wants to go there that States some comfort that they them- should speak up for them. knows it can freely exploit workers, selves are not going to lose their jobs Labor rights have been recognized in pay workers 3 cents an hour, 10 cents because of these absolutely brutal the documents that enshrine the most an hour, 6 cents an hour, 20 cents an working conditions. basic principles of human rights. The hour, all of which is happening right I do not think it is too much to vote Universal Declaration of Human Rights now, working people from 8 in the for an amendment that asks for only in 1948 states, ‘‘Everyone has the right morning until 10 at night with a half one little piece of this. We will delay to peaceful assembly and association. an hour, at most, for a break. That is the effective date of PNTR until the Everyone has the right to form and what we are going to see. President can certify that the Chinese join trade unions for the protection of I do not know how many Senators Government has provided a full ac- his’’—and I would add ‘‘or her’’—‘‘in- will consider this before they vote, but counting of those people who have been terests.’’ if you do not want to vote for this detained or imprisoned for doing noth- In a speech before the Industrial Re- amendment for human rights for work- ing more than trying to organize or lations Research Association in Boston ers in China, vote for this amendment trying to stand up for themselves and this past January, former World Bank for the people you represent in your their families, and some accounting chief economist Joseph Stiglitz laid own States because I am telling you— that this Government is releasing out an argument that economic devel- and this is just the future I am pre- these innocent men and women from opment needs to be seen as part of a dicting—that our failure to adopt these prison who have done nothing more transformation of society and that amendments, our failure to focus on than protest deplorable working condi- workers organizations, the right to human rights, our failure to vote on tions or tried to form an independent form a union, is key to this develop- human rights, our failure to vote on re- union. That is what this amendment is mental process. ligious freedom, our failure to vote on about. Do my colleagues know what he was the rights of people to organize and I conclude this way, which is the way saying? He was saying what we know: bargain collectively is going to lead to this debate started. We are forever Independent unions and the right to a new international economy where being told that we live in a global econ- form an independent union means you China, with the size of the country and omy, and that is true. For some reason, make a better wage; it means you have the population, will become a magnet, too many of my colleagues do not want people who have enough money to con- it will become a low-wage export plat- to recognize the implications of this. sume; it means you are building a mid- form, and the people in your States are For me, if we are now working and liv- dle class; it means you have more eco- going to say to you: Where were you ing in a global economy, that means if nomic justice; it means you have more when you were asked to vote for us? we are truly concerned about human stability. That is what Mr. Stiglitz was Now you are saying to us, Senator, rights, we can no longer just concern trying to say. that you want us to compete against ourselves with human rights at home. I will give my colleagues one more people who get paid as little as 3 cents If we are truly concerned about reli- example of this brutality. An April 23, an hour under the most brutal, exploit- gious freedom, we can no longer only 2000, story in the Washington Post re- ative labor conditions, and now we are concern ourselves with religious free- ported: losing our jobs as companies are leav- dom at home. If we are truly concerned The number of labor disputes in China has ing our States to go to China, and you about the right of workers to organize skyrocketed — to more than 120,000 in 1999— as workers, in unprecedented numbers get had a chance to vote for the right for and bargain collectively, and earn a laid off, are paid late, or not paid at all and people to organize in China so they better living for themselves and their feel cheated by corrupt officials who sell could make a decent wage and those families, then we can no longer concern state property for a pittance to friends, rel- workers would not be played off ourselves with labor rights only at atives, and colleagues. against us, and you didn’t vote for it? home. If we are truly concerned about We are talking about unsafe working My colleagues should vote for this the environment, we can no longer con- conditions. We are talking about low amendment because a vote for this cern ourselves with the environment wages. We are talking about the funda- amendment is not only a vote for only at home. mental right of workers in China to or- human rights in China, not only a vote I will say it one final time: The men ganize and the compelling need, I be- for the right of people to organize in and women in this world, who have lieve, for us to support this right. China, but, most important of all, what been engaged in human rights issues, I will finish in a moment so we can this amendment is really about is sim- have long understood an essential, have some votes, although I am anx- ply saying to the President, before basic truth which is this: Americans,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8489 Senators can never be indifferent to I thank my colleagues for their gra- When her father came to Shenzhen asking the desperate circumstances of ex- ciousness. I hope Senators will vote for for compensation, the factory bosses added ploited and abused people in the far this amendment. insult to her injuries by firing the girl and I yield the floor. paying only medical expenses. reaches of the globe. When the most Fei’s case could have sunk into the obliv- basic human rights and basic freedoms (Disturbance in the galleries.) The PRESIDING OFFICER. The gal- ion of hundreds of thousands of others like of others are infringed or endangered, hers in China, where workers’ rights are rou- we are diminished by our failure to leries are advised not to show any type tinely sacrificed at the altar of economic de- speak out. of approval or disapproval. velopment. But Fei and her father beat a This amendment is a test case of Mr. ROTH. Mr. President, I rise in path to a man who has become famous for whether or not we are willing to speak opposition to my colleague’s amend- standing up for workers in a country with out. I say to my colleagues, since this ment. I do not intend to address the one of the worst occupational safety records is my last amendment, I believe we merits of his proposal as a matter of in the world. U.S. labor law. Rather, my point is a Lawyer Zhou Litai took the case, and late have made a big mistake—we will see last year, after proving that the factory did what history shows us—in the rush to far simpler one. The current business of this body is a not have a dog permit and that there had pass this piece of legislation. I think been six similar attacks since 1994, he won we have made a mistake because I be- bill to normalize our trade relationship Fei a $6,000 settlement—a big chunk of lieve the consequences, over the next 2, with China. This amendment simply change in a country where millions of labor- 3, 4, 5, 6, 7, 8, 9, 10 years will be very does not belong on H.R. 4444 and has ers barely clear $1,000 a year. harsh. nothing to do with China’s trade status ‘‘Lawyer Zhou is a good man,’’ said Fei under our law. Zhongming, Mingli’s father. ‘‘Without him, I believe the economics in this global we would have had nothing. He won justice economy we are all talking about will But, the price of adopting the amend- ment could be very high for every for us.’’ become a major axis of American poli- China once advertised itself as a socialist tics. I believe the people that we rep- working man and woman in the United workers’ paradise. But in its mad rush to be- resent are going to want to know where States. The reason is that the amend- come a modern industrialized nation in the each of us stood. I believe we should ment could result in delay or defeat of 20 years since economic reforms opened have been making the effort to make PNTR and the grant of PNTR is the doors to the West, China’s cutthroat system sure this new global economy—with one step we absolutely must take to has victimized average laborers. With China ensure that American workers, to- preparing to enter the World Trade Organiza- China being such a major actor—would tion, the United States and other advanced be an economy not only working for gether with American farmers and American businesses, reap the benefits nations have pushed for some type of binding big multinational corporations and big international labor standards; this was one financial institutions, which I know of China’s market access commitments of the issues behind demonstrations during are very interested in passing this, but under the WTO. he WTO’s meeting in Seattle in November. it would also be a global economy that What we would be sacrificing is, ac- But China and other developing countries works for working people, a global cording to independent economic anal- have opposed such standards. In the first nine months of last year, 3,464 economy that works for human rights, ysis, $13 billion in additional U.S. ex- port sales annually. Expanding our ex- miners died in China—about the same as a global economy that works for chil- 1998—one of the worst rates per ton of min- dren, a global economy that works for port sales, as has been reiterated a number of times already in this debate, erals mined in the world. The only place the environment. where official statistics have been released I will say—and I am sorry because creates new jobs. And I point out, jobs for industrial accidents is Shenzhen. In 1998, none of us can be sure we are right; and in U.S. export sectors pay 15 percent 12,189 workers were seriously injured and 80 I understand that—I have not, in the more and provide 32 percent more in died in industrial accidents in its 9,582 fac- course of this debate, seen very many benefits than average. tories, although the real number is believed Senators come out and present any em- What that means in practical terms to be much higher. is that the passage of PNTR and the ex- More than 90 percent of those injured lost pirical evidence to the contrary of a limb. Statistics from the state hospital in what I have had to say about these ports we expect to expand under the WTO agreement with the Chinese pro- Shenzhen’s Bao’an county tell a gruesome basic rights of people. Why is it that tale. In the hospital’s Building 7, 47 patients vide real, tangible benefits to workers we just turn our gaze away from this? have lost hands; in Building 6, 21 patients I do not understand it. in American society. have third-degree burns; in Building 5, 42 pa- I also think we have made a mistake I ask, as a consequence, that my col- tients have lost legs. in another way, I say to the Presiding leagues join me in opposing the pro- After a ferry sank in November, killing 280 people, China’s Communist Party leadership Officer. I think we have made a mis- posed amendment. I ask the Senator from Minnesota, called for a nationwide workplace safety in- take in the stampede to pass this legis- are you ready to yield back time? spection campaign and acknowledged that lation, in this rush to passage, in this Mr. WELLSTONE. I have a very despite years of hand-wringing about the im- argument that we dare not even pass quick response to my colleague. portance of safety, serious health and safety an amendment. Even if it deals with Mr. President, I ask unanimous con- hazards remain. the right of people to practice their re- ‘‘Since 1980, labor standards in China have sent that an article in the Washington gotten worse,’’ said Anita Chan, a senior re- ligion, even if it puts the U.S. Senate Post, dated January 11, 2000, entitled and our country and our Government search fellow of the Australian Research ‘‘No Workers’ Paradise’’ be printed in Council and an expert on China’s labor on the side of human rights, we cannot the RECORD. issues. ‘‘In the state sector, workers are los- do that because then it would go to There being no objection, the article ing their jobs, so labor standards are almost conference committee. I do not under- was ordered to be printed in the as bad as foreign-funded or private-sector stand that argument, not when you RECORD, as follows: factories in inland provinces. . . . As for for- eign-funded factories, exploitation and think about what the stakes are, not [From the Washington Post, Jan. 11, 2000] when you think about this in personal abuses have not diminished in the 1990s. If NO WORKERS’ PARADISE anything, because of the Asian economic cri- terms. (By John Pomfret) Whatever happened to the voice of sis, it has gotten worse.’’ SHENZHEN, CHINA—Fei Mingli, a slight Attempts by workers to seek help from the the Senate? Whatever happened to the teenager from Sichuan province, came to government usually end in failure. The Com- strong clarion call for the Government this bustling Chinese factory town in 1998 to munist government only allows one union to of China, and all governments in the seek her fortune in a textile factory, crank- exist—the All-China Federation of Trade world, to respect the human rights of ing out bluejeans and tank tops for the West- Unions—and it has crushed any attempt to their citizens? Whatever happened to ern world. Sometime after midnight July 22, organize independent unions. The ACFTU is our justice voice? Whatever happened she went out for a walk. generally viewed as a mouthpiece for the to our human rights voice? Why were Dogs patrolling the factory grounds at- Communist Party, although in recent years tacked the 17-year-old, breaking her right these concerns trumped by this head- it has fought quietly against some policies leg and ripping chunks from her nose, head and laws that are clearly antilabor. long stampede and rush to pass this and elbows. Fei had violated a company rule Born in Sichuan 42 years ago, Zhou was legislation? that ordered all workers locked in their dor- yanked out of school by his parents in third I conclude my remarks this way: We mitories by midnight. She was hospitalized grade and put to work on the land. When he will see what happens in the future. for 62 days. was 17, his father sent him to the forbidding

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8490 CONGRESSIONAL RECORD — SENATE September 13, 2000 Tibetan plateau as a soldier. He served for his employers fired the 20-year-old imme- of concern to the U.S. Senators. We, five years in some of the harshest conditions diately. Then, because of his injury, Peng’s after all, are representing people in our on earth. girlfriend dumped him. He attempted sui- Nation. I think it is a very sad day In 1979, he returned to Sichuan but again cide. An arbitration committee said the fac- had to leave home because his family was tory should pay him $4,500. With Zhou’s help, when the United States of America re- too poor to feed him. Zhou found work in a Peng sued and won $21,000 in court. fuses to speak out for human rights in brick factory in Hunan province, making a ‘‘Lawyer Zhou saved my life,’’ Peng said. any country. few dollars a month lugging 220-pound bags ‘‘Without him, I’d be dead.’’ Indeed, this will be a debate that will of coal and handling scalding bricks that Mr. WELLSTONE. I will read a cou- go on. What will happen is, given the singed the skin off his hands, arms and ple of paragraphs from the article. This fact that we have Wal-Marts paying chest. was written by John Pomfret: about 13 cents an hour—and I have ‘‘It was normal for the factory not to pay given examples of companies paying the workers,’’ Zhou recalled. ‘‘People were China once advertised itself as a socialist fired for nothing. People were beaten. It was workers’ paradise. But in its mad rush to be- far less—China is going to become the bad.’’ come a modern industrialized nation in the export platform where people know A friend encouraged Zhou to learn a skill. 20 years since economic reforms opened that if they should dare to try to orga- He took to law, perhaps, he said, because he doors to the West, China’s cutthroat system nize a union, they are going to be has victimized average laborers. was infuriated by the exploitation around thrown in prison. So all these multi- him. In 1986, he set up shop in Kaixian, his Then it goes on to say: national corporations have carte home town, in a poor county close to the ‘‘Since 1980, labor standards in China have blanche approval to go to China, pay smoky metropolis of Chongqing. gotten worse,’’ said Anita Chan, a senior re- Ten years later, Zhou took the first case search fellow of the Australian Research hardly anything in wages, have people that would catapult him into national prom- Council and an expert on China’s labor working under deplorable working con- inence but also land him in serious debt. In issues. ditions, and we are going to lose jobs. May 1996, a husband and wife, both workers I could go on and on. We are not going to see a lot more at the Happy Toy Factory in Shenzhen, were I say to my colleague from Delaware, exports. We will see a lot more invest- walking on the factory grounds when they there are three parts to his argument ment. What better place to invest for were killed by a delivery truck. The factory that trouble me. First of all, this some of the multinational corporations denied responsibility for their deaths, leav- than a country where you know you ing the couple’s three young children and amendment has everything in the their aging parents penniless. world to do with what is going on in don’t have to worry about paying good The grandparents and the children were China. This is not an amendment about wages, you know you don’t have to living in Sichuan—source for most of the labor law reform in the United States. worry about safe working conditions cheap labor that has driven the economic That is an amendment I will bring to because, if people dare to protest or miracle along China’s eastern coast. They the floor at the very beginning of the challenge this for the sake of them- came to Zhou as a last resort. No lawyer in next Congress. We will have a full de- selves or their families, they wind up Shenzhen would take such cases because bate about the right of people to orga- in prison. I see a very different eco- local governments had warned them against ‘‘affecting the investment environment,’’ nize in our country. nomic future. Zhou said. This is about China. This is about I yield back the remainder of my As an outsider, Zhou could run a risk. He labor conditions in China. This amend- time. sued the Happy Toy Factory and won ment is about people who have been Mr. ROTH. Mr. President, I yield $40,000—marking the first time in Com- imprisoned because they have done back the remainder of my time. munist China that a court had ordered a fac- nothing more than to speak out and VOTE ON AMENDMENT NO. 4128 tory to pay damages to the family of de- protest against working conditions or ceased workers. Mr. ROTH. Mr. President, what is the trying to form a union. pending business? Zhou’s experience in Shenzhen, meeting This amendment just says, before the maimed workers with tales of exploitation, The PRESIDING OFFICER. The President goes forward, let’s certify 18-hour shifts, dormitory lock-downs, dog at- question is on agreeing to the Helms tacks and decrepit machinery, convinced that China is willing to let these people amendment No. 4128. him that his life’s work lay not in Sichuan, out of prison, and that we are going to Mr. ROTH. Has all time been yielded get some certification of some progress but with the Sichuanese who had come to back on that? Shenzhen. in that area. That is all this amend- The PRESIDING OFFICER. All time ‘‘If you don’t protect your workers, it ment is about. doesn’t matter how good your products are,’’ The second thing I would say to my has expired on the amendment. There he said. ‘‘You are creating a social volcano.’’ colleague from Delaware —we have had are 2 minutes prior to the vote. Since the toy factory case, Zhou has filed some of this discussion before—is that Mr. ROTH. Mr. President, I ask unan- 200 other lawsuits in courts around even if I believed he was right—and I imous consent to yield back the 2 min- Shenzhen. He has won 30; most of the others utes on both sides. are still pending. He sometimes works on think he is wrong—that actually we are going to see more exports that will The PRESIDING OFFICER. Without contingency and also receives donations. objection, it is so ordered. Along the way, he has angered the Shenzhen lead to higher wages for American citi- city government, which tried to disbar him zens, I do not believe people in the The yeas and nays have been ordered. in 1997 but lost in court. United States of America would be The clerk will call the roll. In late 1997, Zhou found a house in a rough- comfortable with the proposition that The legislative clerk called the roll. and-tumble neighborhood on the outskirts of is being made on the floor of the Sen- Mr. NICKLES. I announce that the Shenzhen. Since then, 70 injured workers, Senator from Washington (Mr. GORTON) out of jobs and penniless, have lived with ate, at least by some, that since there is profit to be made, and more money is necessarily absent. him. Mr. REID. I announce that the Sen- Running the house has thrown Zhou into to be made, and maybe more workers debt to the tune of thousands of dollars. It will do better in our country—which I ator from Hawaii (Mr. AKAKA), the Sen- has not helped that some of his guests have will question in a moment—we should, ator from Massachusetts (Mr. KEN- skipped town after winning their cases with- therefore, turn a blind eye, turn our NEDY), and the Senator from Con- out paying him for room and board. gaze away from these deplorable condi- necticut (Mr. LIEBERMAN) are nec- Most of Zhou’s adversaries are factories tions; that we should not be concerned essarily absent. run by Taiwanese, Hong Kong or South Ko- The PRESIDING OFFICER (Mr. rean companies, which work on a contract about the persecution of people who are trying to practice their religion; SMITH of Oregon). Are there any other basis for Western firms. He has yet to sue a Senators in the Chamber desiring to Japanese or American company, he said, be- that we should not be concerned about cause their labor conditions are better. human rights; that we should not be vote? Workers in Shenzhen say the most dan- concerned about people who are impris- The result was announced—yeas 43, gerous machine is a mold for plastic prod- oned because they are trying to form a nays 53, as follows: ucts called a piji. One false move and a limb [Rollcall Vote No. 243 Leg.] can be crushed by huge metal slabs at pres- labor union. I do not believe most peo- YEAS—43 sures varying from 40 to 500 tons. ple in Minnesota or people in the coun- It was on such a machine that Peng try believe that. Abraham Boxer Burns Guangzhong lost his right arm last spring. Most people in Minnesota and the Ashcroft Breaux Byrd Bayh Bunning Campbell The factory had failed to buy insurance, so country believe these issues should be

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8491 Collins Inhofe Sessions Mr. BAUCUS. Might I inquire of the Mr. BYRD. Mr. President, could we Conrad Jeffords Shelby Chair whether they are 15-minute votes have order in the Senate. DeWine Kerry Smith (NH) Dodd Kohl Snowe or 10-minute votes? The PRESIDING OFFICER. The Sen- Dorgan Kyl Specter The PRESIDING OFFICER. They are ate will be in order. Edwards Leahy Thompson 10-minute votes. The last vote took 16 minutes. Feingold McConnell Thurmond Mr. BAUCUS. I thank the Chair. Mr. REID. Mr. President, I say, Gregg Mikulski Voinovich Harkin Reed The PRESIDING OFFICER. Who through the Chair to my friend from Warner Helms Reid yields time? Who yields time on the Wellstone West Virginia, that I agree with him. I Hollings Santorum Helms amendment? think that if we are going to have 10- Hutchinson Sarbanes Mr. ROTH. Mr. President, the Sen- minute votes, we should have 10- NAYS—53 ator yields his and I yield mine. I yield minute votes. We started these votes at Allard Fitzgerald Mack the 2 minutes. 6 o’clock. It is now quarter to 7. In fact, Baucus Frist McCain The PRESIDING OFFICER. All time we started before 6. Bennett Graham Miller is yielded back. The question is on Biden Gramm Moynihan I would hope we could stick to the 10- Bingaman Grams agreeing to amendment No. 4123. minute limit. People have all kinds of Murkowski The yeas and nays have been ordered. Bond Grassley Murray things to do rather than sit around and Brownback Hagel Nickles The clerk will call the roll. wait to vote. Bryan Hatch Robb The legislative clerk called the roll. Chafee, L. Hutchison Mr. BYRD. Mr. President, may the Roberts Mr. NICKLES. I announce that the Cleland Inouye Rockefeller Senate be in order. Cochran Johnson Senator from Washington (Mr. GORTON) Roth The PRESIDING OFFICER. The Sen- Craig Kerrey is necessarily absent. Crapo Landrieu Schumer Mr. REID. I announce that the Sen- ate will be in order. Smith (OR) There are now 2 minutes equally di- Daschle Lautenberg ator from Hawaii (Mr. AKAKA), the Sen- Domenici Levin Stevens vided on the Feingold amendment. Thomas ator from Massachusetts (Mr. KEN- Durbin Lincoln Mr. BYRD. Mr. President, the Chair Enzi Lott Torricelli NEDY), and the Senator from Con- can see that the Senate is not in order. Feinstein Lugar Wyden necticut (Mr. LIEBERMAN), are nec- May we have order. NOT VOTING—4 essarily absent. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Will Akaka Kennedy those Senators having conversations in Gorton Lieberman any other Senators in the Chamber the well please take them to the Cloak- The amendment (No. 4128) was re- who desire to vote? The result was announced—yeas 23, room. jected. The pending amendment is the Fein- Mr. ROTH. Mr. President, I move to nays 73, as follows: [Rollcall Vote No. 244 Leg.] gold amendment. reconsider the vote. Mr. BYRD. Mr. President, I ask that YEAS—23 Mr. MOYNIHAN. I move to lay that there be order in the Senate, that staff motion on the table. Ashcroft Hollings Shelby in the Senate take seats, that staff in The motion to lay on the table was Byrd Inhofe Smith (NH) the Senate get out of the well. agreed to. Campbell Jeffords Snowe Collins Kohl Thompson I thank the Chair. AMENDMENT NO. 4123 Edwards Lautenberg Thurmond AMENDMENT NO. 4138 The PRESIDING OFFICER. There Feingold Mikulski Torricelli The PRESIDING OFFICER. The Sen- are now 2 minutes. Hatch Sarbanes Wellstone Helms Sessions ator from Wisconsin has 1 minute. Mr. ROTH. Mr. President, I ask unan- Mr. FEINGOLD. Mr. President, my imous consent that on the three re- NAYS—73 amendment is eminently reasonable. maining stacked votes, they be limited Abraham Durbin Mack Allard This body is considering a bill that is to 10 minutes. Enzi McCain Baucus Feinstein McConnell The PRESIDING OFFICER. Without very likely to become law. We have a Bayh Fitzgerald Miller responsibility to take that bill seri- objection, it is so ordered. Bennett Frist Moynihan ously, to actually examine its con- Mr. BYRD. Mr. President, reserving Biden Graham Murkowski the right to object, and I will not ob- Bingaman Gramm Murray tents. Bond Grams Nickles All my amendment will do is, first, ject, who is going to pay attention if Boxer Grassley Reed Breaux Gregg require the Congressional-Executive we agree to have 10-minute votes? Does Reid anyone want to take a bet on it? We Brownback Hagel Commission to make recommendations Bryan Harkin Robb in its report. Secondly, we would re- will not defer to that request. It will Roberts Bunning Hutchinson quire the commission to report to the still be the same old thing—15 minutes, Burns Hutchison Rockefeller 20 minutes, 25 minutes, 30 minutes. Chafee, L. Inouye Roth Senate as well as to the House. Cur- Santorum I would be embarrassed. I would be Cleland Johnson rently, under the bill, the commission Cochran Kerrey Schumer reports only to the House International embarrassed to keep this Senate wait- Conrad Kerry Smith (OR) ing on me for a vote. I hope if I am ever Craig Kyl Specter Relations Committee. And third, it will out and the time is up, they will call it. Crapo Landrieu Stevens create a mechanism whereby any Mem- They won’t hear a peep out of me. Daschle Leahy Thomas ber of the Senate can call the commis- DeWine Levin Voinovich sion recommendations up on the floor We ought to respect the convenience Dodd Lincoln Warner so that these issues are not the exclu- and inconvenience of our colleagues Domenici Lott Wyden who are kept waiting here. Dorgan Lugar sive purview of certain committees. I withdraw my objection. NOT VOTING—4 The amendment will not require the The PRESIDING OFFICER. Without Akaka Kennedy commission to affirmatively approve objection, it is so ordered. Gorton Lieberman extension of PNTR. It will not infringe Mr. ROTH. Mr. President, I ask unan- The amendment (No. 4123) was re- on any Member’s right to amend legis- imous consent that we dispense with jected. lation on the floor. the 2 minutes before each of the other Mr. ROTH. I move to reconsider the I think it is difficult to argue that amendments on both sides. vote. this amendment does not improve the The PRESIDING OFFICER. Is there Mr. REID. I move to lay that motion commission and the bill. I urge my col- objection? on the table. leagues to take this process seriously. I Mr. BYRD. Mr. President, I object to The motion to lay on the table was urge them to support this amendment. that. agreed to. Mr. President, I ask for the yeas and Mr. LEAHY. I object to that. Mr. REID addressed the Chair. nays on my amendment. The PRESIDING OFFICER. There The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a are 2 minutes equally divided on the ator from Nevada. sufficient second? Helms amendment No. 4123. Mr. REID. Could the Chair inform There is a sufficient second. The Senator from Montana is recog- the Senate as to how long that 10- The Senator from Delaware has 1 nized. minute vote took? minute.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8492 CONGRESSIONAL RECORD — SENATE September 13, 2000 Mr. ROTH. Mr. President, I oppose The PRESIDING OFFICER (Mr. ROB- The result was announced—yeas 22, the Feingold amendment. Congress ERTS). The Chamber will come to order. nays 74, as follows: would, in effect, once again be asked to f [Rollcall Vote No. 246 Leg.] vote on China every year regarding the YEAS—22 AMENDMENT NO. 4120 commission’s recommendations on a Mr. WELLSTONE. Mr. President, I Ashcroft Harkin Sarbanes fast-track basis. I believe adoption of Bayh Helms Smith (NH) have cited both the State Department this amendment would unnecessarily Boxer Hollings Snowe Report on Human Rights and the Inter- Byrd Hutchinson risk the underlying bill. I urge my col- Specter national Labor Organization report Collins Inhofe Torricelli leagues to vote against it. Dorgan Leahy Wellstone I yield back the remainder of my this past year of courageous men and Feingold Mikulski time. women who have done nothing more Gregg Reed The PRESIDING OFFICER. The than protest deplorable working condi- NAYS—74 tions and try to organize and bargain question is on agreeing to amendment Abraham Enzi McCain No. 4138. The yeas and nays have been collectively and are now in prison. Allard Feinstein McConnell ordered. The clerk will call the roll. This amendment simply says that Baucus Fitzgerald Miller Bennett Frist The legislative clerk called the roll. PNTR depends upon an accounting Moynihan from the Chinese Government about Biden Graham Murkowski Mr. NICKLES. I announce that the Bingaman Gramm Murray Senator from Washington (Mr. GORTON) these people who are in prison and Bond Grams Nickles is necessarily absent. helps Congress in releasing these peo- Breaux Grassley Reid Mr. REID. I announce that the Sen- ple from prison. I say to my colleagues, Brownback Hagel Robb Bryan Hatch Roberts ator from Hawaii (Mr. AKAKA), the Sen- I believe during this debate we have Bunning Hutchison Rockefeller Burns Inouye ator from Massachusetts (Mr. KEN- put human rights concerns aside; we Roth Campbell Jeffords NEDY), and the Senator from Con- have put the rights of people who prac- Santorum Chafee, L. Johnson necticut (Mr. LIEBERMAN) are nec- tice religion aside. These questions Cleland Kerrey Schumer essarily absent. dealing with human rights, whether Cochran Kerry Sessions people are free to practice their reli- Conrad Kohl Shelby The PRESIDING OFFICER. Are there Smith (OR) gion, or whether people are free to pro- Craig Kyl any other Senators in the Chamber de- Crapo Landrieu Stevens siring to vote?–– test deplorable working conditions, are Daschle Lautenberg Thomas The result was announced—yeas 18, important concerns. Thank you for giv- DeWine Levin Thompson nays 78, as follows: ing me the opportunity to speak out on Dodd Lincoln Thurmond Domenici Lott Voinovich [Rollcall Vote No. 245 Leg.] these. I hope I will get a good vote. Durbin Lugar Warner YEAS—18 The PRESIDING OFFICER. The Sen- Edwards Mack Wyden Byrd Hollings Reed ator’s time has expired. The Senator NOT VOTING—4 Collins Hutchinson Sarbanes from Delaware is recognized. Akaka Kennedy DeWine Kohl Smith (NH) Mr. ROTH. Mr. President, this Gorton Lieberman Feingold Lautenberg Snowe amendment would unilaterally impose Harkin Leahy Thompson The amendment (No. 4120) was re- Helms Mikulski Wellstone conditions on the normalization of our jected. NAYS—78 trade relations with China that would Mr. ROTH. I move to reconsider the backfire by effectively barring access Abraham Durbin Mack vote. Allard Edwards McCain of U.S. companies to the Chinese mar- Mr. MOYNIHAN. I move to lay that Ashcroft Enzi McConnell kets on terms at least as good as other motion on the table. Baucus Feinstein Miller WTO members. The amendment would The motion to lay on the table was Bayh Fitzgerald Moynihan Bennett Frist Murkowski also eliminate the positive force that agreed to. Biden Graham Murray American companies can play in the Mr. REID. Mr. President, with the Bingaman Gramm Nickles Chinese market by potentially leading consent of my friend from Delaware, Bond Grams Reid to the delay in PNTR and cutting off the manager of this bill, I ask unani- Boxer Grassley Robb Breaux Gregg Roberts the benefit of China’s market access mous consent, upon disposition of H.R. Brownback Hagel Rockefeller commitment for U.S. firms. 4444, the Senate proceed to the consid- Bryan Hatch Roth The amendment would have the per- eration of Calendar No. 152, H.R. 1259, Bunning Hutchison Santorum the Social Security lockbox bill, and Burns Inhofe Schumer verse effect of narrowing the private Campbell Inouye Sessions sector in China in which some limited that it be considered under the fol- Chafee, L. Jeffords Shelby organizing is permitted. The point of lowing time limitation: 2 hours for de- Cleland Johnson Smith (OR) this bill is to level the playing field be- bate on the bill equally divided be- Cochran Kerrey Specter tween the managers; that Senator CON- Conrad Kerry Stevens tween the United States and China, all Craig Kyl Thomas of which would be forfeited if this RAD have a Social Security-Medicare Crapo Landrieu Thurmond amendment passes and becomes law. lockbox amendment; that Senator Daschle Levin Torricelli I yield the remainder of my time. GRAHAM of Florida have a Medicare Dodd Lincoln Voinovich prescription drug amendment; that Domenici Lott Warner Mr. WELLSTONE. Mr. President, I Dorgan Lugar Wyden ask for the yeas and nays. other relevant first-degree amend- ments be in order; and that relevant NOT VOTING—4 The PRESIDING OFFICER. Is there a sufficient second? second-degree amendments be in order. Akaka Kennedy Mr. CRAIG. I object. Gorton Lieberman There is a sufficient second. The PRESIDING OFFICER. An objec- The amendment (No. 4138) was re- The question is on agreeing to the tion is heard. jected. amendment No. 4120. The distinguished Senator from Dela- Mr. MOYNIHAN. Mr. President, I The clerk will call the roll. ware is recognized. move to reconsider the vote. The legislative clerk called the roll. Mr. ROTH. Mr. President, I ask con- Mr. ROTH. I move to lay that motion Mr. NICKLES. I announce that the sent that time on all remaining first- on the table. Senator from Washington (Mr. GORTON) degree amendments be limited to no The motion to lay on the table was is necessarily absent. more than 1 hour, to be equally divided agreed to. Mr. REID. I announce that the Sen- in the usual form, and that no second- The PRESIDING OFFICER. There ator from Hawaii (Mr. AKAKA), the Sen- degree amendments be in order prior to are 2 minutes equally divided on the ator from Massachusetts (Mr. KEN- the vote, and limited to the ones de- Wellstone amendment. NEDY), and the Senator from Con- scribed below. I further ask consent The Senator from Minnesota is rec- necticut (Mr. LIEBERMAN) are nec- that following these amendments in ognized. essarily absent. the allotted time specified below, the Mr. WELLSTONE. Mr. President, The PRESIDING OFFICER. Are there bill be advanced to third reading and may we have order in the Chamber be- any other Senators in the Chamber de- passage occur, all without any inter- fore I start? siring to vote?–– vening action or debate. I also ask that

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8493 no motions to commit or recommit be understanding that the Chinese govern- There being no objection, the letter in order. ment has failed to take action to stop was ordered to be printed in the Those remaining first-degree amend- the criminal elements responsible for RECORD, as follows: ments are as follows: Feingold, regard- these abhorrent practices. Certainly SEPTEMBER 12, 2000. ing a commission; Hollings No. 4134; careful monitoring and reporting on Hon. TRENT LOTT, Hollings No. 4135; Hollings No. 4136; this issue is appropriate. Russell Senate Office Building, U.S. Senate, Hollings No. 4137; B. Smith No. 4129, di- Mr. GORTON. Mr. President, today Washington, DC. visions I through V. the Senate voted on several amend- DEAR SENATOR LOTT: It is critical to Amer- I further ask consent that there be 6 ments to the bill establishing perma- ican agriculture that H.R. 4444, the China Permanent Normal Trade Relations (PNTR) hours equally divided between the two nent normal trade relations status for legislation, moves forward without amend- leaders for general debate on the bill, the People’s Republic of China. Regret- ment. Any amendments would require an- with the following Members recognized tably, I was unable to register my other vote in the House of Representatives just prior to final vote on H.R. 4444, in votes on these amendments. Following and send China and our competitors the mes- the order stated: 60 minutes under the are my thoughts regarding a few. sage that the United States is not serious control of Senator BYRD, 30 minutes With respect to the amendment of- about opening the China market to U.S. under the control of Senator HELMS, 30 fered by Senator BYRD regarding poten- products. tial import surges from China, I must The Thompson amendment would require minutes under the control of Senator the President to implement sanctions under MOYNIHAN, 30 minutes under the con- state my opposition. While the Senator various circumstances. Unilateral sanctions trol of Senator ROTH, 30 minutes under from West Virginia deserves credit in have the effect to giving U.S. markets to our the control of Senator DASCHLE, 30 his effort to protect the American competitors. While there are efforts to ex- minutes under the control of Senator worker, the anti-dumping and surge empt food, medicine and agriculture from LOTT. protection mechanisms contained in the existing language, American agricultural The PRESIDING OFFICER. Without the bilateral agreement brokered be- producers, regardless of exemptions, would objection, it is so ordered. tween the U.S. and China were crafted be put at risk. If the United States sanctions Mr. ROTH. Mr. President, as a result to address this very issue. Recognizing or even threatens sanctions for any products, agriculture is often first on the other coun- of this agreement, there will be no fur- these two issues were considered ‘‘deal try’s retaliation list. ther votes today. However, votes can breakers’’ by U.S. trade interests, I Additionally, further consideration of the be expected throughout the day tomor- have every reason to believe his con- China Nonproliferation bill should not delay row. cerns have been addressed. action on a vote for PNTR. The U.S. agri- Mr. REID. Mr. President, I certainly I must also state my opposition to culture industry continues to face depressed applaud and congratulate the two man- Senator BOB SMITH’s amendment re- prices. Agricultural producers and food man- agers of this bill to arrive at a point of garding the harvesting and trans- ufacturers should not have to face burdens a finite number of amendments with planting of human organs. Without erected by their own government such as unilateral sanctions or failure to pass PNTR. time limits. question, the issue of human rights and We urgently request your help in achieving I say to the Senate in general, how- the treatment of Chinese citizens a positive vote on PNTR without amend- ever, that just because these amend- should be of upmost concern to every ment. ments were in order doesn’t mean the American. I believe the human rights Thank you for your help and we look for- Senators have to offer them, and just provisions agreed to in H.R. 4444 were ward to working with you on these impor- because all the time agreements have established to conquer and address tant issues. been listed doesn’t mean people have to such atrocities. Sincerely, In particular, I would have also sup- AgriBank, use that time. I hope the two leaders Agricultural Retailers Association, work toward finding a way we can fin- ported the effort to table the amend- Alabama Farmers Federation, ish this bill tomorrow evening. There is ment offered by Senator THOMPSON. I American Crop Protection Association, a tremendous amount of work still left have for quite some time, to the knowl- American Farm Bureau Federation, to be done in the Senate. I hope to fi- edge of my constituency in Washington American Feed Industry Association, nally resolve this legislation sometime and my colleagues here in the Senate, American Meat Institute, tomorrow. criticized the Clinton-Gore administra- American Seed Trade Association, Mr. MOYNIHAN. Mr. President, I tion’s approach to non-proliferation American Soybean Association, very much support that view, and I issues with China. However, I do not Animal Health Institute, Archer Daniels Midland Company, think our indefatigable chairman believe that Congress, by creating an Biotechnology Industry Organization, might also agree. entirely new sanctions policy or by es- Bunge Corporation, Mr. ROTH. I assure the distinguished tablishing an additional layer of export Cargill, Inc., colleagues I want to move as expedi- controls, can effectively address these Cenex Harvest States, tiously as possible toward completion concerns nor strengthen U.S. national Central Soya Company; Inc., of this critically important legislation. security. We must approach these Crestar USA, Mr. MOYNIHAN. If I might say, these measures with caution, we will ap- CF Industries, Inc., amendments get 18 votes, 22 votes; we proach them with a new administra- Chocolate Manufacturers Association, CoBank, now have a pattern. tion, and we must recognize that when Distilled Spirits Council of the United The Senate made its decision about we confront China about these terribly States, this legislation midday. The sooner we significant issues, we will be approach- DuPont, are in the aftermath, the better rela- ing them as a trading ‘‘partner’’. If in Farmland Industries, Inc., tions will be, and the Senate can go on the coming years China does not appro- Grocery Manufacturers of America, to other business. priately address the issues of non-pro- IMC Global Inc., Mr. FEINGOLD. Mr. President, I liferation, I assure my colleagues that Independent Community Bankers of voted in favor of the Smith amendment I will be the first to raise concern. America, to H.R. 4444, the bill to extend perma- International Dairy Foods Association, Mr. JOHNSON. Mr. President, I rise Land O’Lakes, nent normal trade relations to the Peo- today to share with my colleagues a Louis Dreyfus Corporation, ple’s Republic of China. The Smith letter from numerous agricultural pro- National Association of State Depart- amendment would have extended the ducers and organizations opposing any ments of Agriculture, mandate of the Congressional-Execu- and all amendments to the bill to grant National Association of Wheat Growers, tive Commission on the People’s Re- permanent normal trade relations to National Barley Growers Association, public of China to include responsi- the People’s Republic of China. This National Cattlemen’s Beef Association, bility for monitoring and reporting on letter specifies the dangers the pending National Chicken Council, organ harvesting in China. For years, National Confectioners Association, amendment relative to Chinese non- National Corn Growers Association, chilling reports have emerged out of proliferation requirements would pose National Council of Farmer Coopera- China, detailing horrific scenarios in to agricultural producers. tives, which organs are illicitly harvested for I ask unanimous consent that the National Food Processors Association, profit from executed prisoners. It is my letter be printed in the RECORD. National Grain and Feed Association,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8494 CONGRESSIONAL RECORD — SENATE September 13, 2000 National Grange, THE AWARDING OF THE PRESI- we act, Democrats in the Senate will National Milk Producers Federation, DENTIAL MEDAL OF FREEDOM read the names of some of those who National Oilseed Processors Association, TO SENATOR GEORGE MCGOVERN have lost their lives to gun violence in National Pork Producers Council, the past year, and we will continue to National Potato Council, Mr. JOHNSON. Mr. President, I rise National Renderers Association, today with great pride and satisfaction do so every day that the Senate is in National Sunflower Association, to address an occasion of great signifi- session. North American Export Grain Associa- cance that occurred during the Sen- In the name of those who died, we tion, ate’s August recess. On August 9, Presi- will continue this fight. Following are North American Millers’ Association, dent Clinton awarded the highly pres- the names of some of the people who Pet Food Institute, were killed by gunfire one year ago Pioneer Hi-Bred International, tigious Medal of Freedom to former United States Senator George McGov- today. September 13, 1999: Jonathan Rice Millers’ Association, Holmes, 32, Detroit, MI; Edward Snack Food Association, ern. This medal is the very highest Sunkist Growers, award presented to civilians by the Luckenbill, 51, Louisville, KY; Adrian The Fertilizer Institute, United States Government, and is an Offutt, 19, Louisville, KY; Finnis United Egg Association, honor that is richly deserved. Parron, 31, Houston, TX; Sherlyn Rob- United Egg Producers, Throughout his long and remarkable inson, 37, Houston, TX; Unidentified USA Poultry and Egg Export Council, career, George McGovern has distin- Male, 29, Norfolk, VA; and Unidentified U.S. Canola Association, guished himself as a scholar, a political Male, 43, Norfolk, VA. U.S. Dairy Export Council, We cannot sit back and allow such U.S. Meat Export Federation, leader, a humanitarian and a person of extraordinary integrity. A generation senseless gun violence to continue. The U.S. Rice Producers Association, deaths of these people are a reminder U.S. Rice Producers’ Group, of American political leaders still de- U.S. Wheat Associates, fine themselves as McGovern Demo- to all of us that we need to enact sen- Wheat Export Trade Education Com- crats.’’ At Dakota Wesleyan University sible gun legislation now. mittee, in Mitchell, South Dakota, George f Zeeland Farm Soya. McGovern effectively emphasized the MARKETING VIOLENCE TO great importance of public service and CHILDREN f civic involvement. As President Ken- Mr. JOHNSON. Mr. President, the nedy’s Director of Food for Peace he Senate Commerce Committee held a MORNING BUSINESS helped launch our nation’s commit- hearing today on the critical issue of Mr. CRAIG. Mr. President, I ask ment to combat world hunger. On the the entertainment industry’s mar- unanimous consent there be a period of floor of the United States Senate, keting of violent material to children. morning business for the transaction of McGovern was a powerful voice for While I am not a member of the Senate routine morning business, with Sen- rural America, for our nation’s dis- Commerce Committee, I appreciated ators permitted to speak for up to 10 advantaged, as well as for an end to the Chairman MCCAIN and Ranking Mem- minutes. Viet Nam conflict. Today, as ambas- ber HOLLINGS giving me the oppor- The PRESIDING OFFICER. Without sador to the United Nations Food and tunity to share my perspective as the objection, it is so ordered. Agricultural Organization in Rome, parent of three children and some in- Ambassador McGovern has continued sights on the issue I have gained from f his work on nutrition and has articu- a series of youth violence meetings in lated a visionary plan for a world South Dakota. school lunch program. THE MARRIAGE PENALTY TAX In response to the numerous school As my colleagues are very aware, shootings around our country, I’ve held Mrs. HUTCHISON. Mr. President, I Senator McGovern won the Democratic a series of roundtable discussions in rise today to speak on the issue of the nomination for President of the United South Dakota with parents, students, marriage penalty. Today, the House of States in l972 in what turned out to be school officials, and local law enforce- Representatives voted overwhelmingly, an unsuccessful presidential campaign. ment. I heard repeatedly from parents 270–158, in favor of eliminating the Historians will long ponder what the and students themselves that no one marriage penalty tax. Unfortunately, course of American history might have believes that explicitly violent movies, that doesn’t mean it is going to become been if that campaign had turned out video games, or music are the sole law because the President has vetoed differently. But we don’t have to wait causes for violence among our nation’s the bill, and even the overwhelming for the judgment of historians to know youth. However, South Dakota stu- margin of 270–158 is not enough to over- George McGovern’s life has had an in- dents acknowledged that the entertain- ride the President’s veto. credibly important and lasting impact ment industry has a large influence on So 21 million American couples are on America and the world. George con- their daily lives, and South Dakota going to have to suffer an inequity in tinues to persevere and his commit- parents specifically asked for addi- the Tax Code again this year. They are ment to a better planet continues to tional resources they can use to help going to have to suffer and pay $1,400, shine. keep violent material out of their chil- average, in taxes just because they de- We in South Dakota understandably dren’s hands. cided to get married. If two people, a feel a profound pride in the life and ca- My wife, Barbara, and I recently ac- policeman and a schoolteacher, get reer of George McGovern—a son of a companied our youngest child to her married, they get hit the hardest be- South Dakota minister, a military first day at college. Seeing our daugh- cause they suffer from the marriage hero, a national political leader, and a ter settle into her new home in the penalty tax. diplomat of the highest order. I extend freshman dormitory brought feelings of I am very proud of the House of Rep- my enthusiastic congratulations to sadness at the inevitable passage of resentatives for trying to override the Senator McGovern and wish he and his time. Barbara and I also were relieved, President’s veto. I am proud that they family the very best as he continues in a sense, by the fact that our daugh- spoke overwhelmingly, even though it his critically important work in Rome. ter’s first day of college also marked was 20 votes shy of the two-thirds ma- f the successful completion of her child- jority that was necessary. But we need hood. I can sympathize with the par- to fix the marriage penalty tax. We VICTIMS OF GUN VIOLENCE ents of children just entering their need a President who will sign mar- Mr. SCHUMER. Mr. President, it has teen years who are concerned that it riage penalty relief, and we need a been more than a year since the Col- will be increasingly difficult to keep President who will work with us to umbine tragedy, but still this Repub- objectionable material from their sons have real tax relief for the citizens of lican Congress refuses to act on sen- and daughters as they grow up. our country who are working so hard sible gun legislation. That is why I am troubled by the re- to make this economy great. Since Columbine, thousands of Amer- sults of the Federal Trade Commis- Mr. President, I yield the floor. icans have been killed by gunfire. Until sion’s (FTC) Report on the Marketing

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8495 of Violent Entertainment to Children. THE VERY BAD DEBT BOXSCORE uals who aspire to follow in her foot- As you know, the President asked the Mr. HELMS. Mr. President, at the steps and education and service in the FTC to investigate two simple ques- close of business yesterday, Tuesday, future. She is a exemplar of the profes- tions: Do the movie, music recording, September 12, 2000, the Federal debt sionalism that we hope to find in our and computer game industries market stood at $5,684,118,446,519.63, five tril- educators, and the type of citizen that to young people products that contain lion, six hundred eighty-four billion, we hope to find in our communities. violent content in a way that under- one hundred eighteen million, four Ms. Rome is a representative of excel- mines the ratings they themselves hundred forty-six thousand, five hun- lence, and her dedication to the world apply to their products? If so, is that dred nineteen dollars and sixty-three both inside and outside of the class- ∑ target marketing intentional? Accord- cents. room is to be commended. ing to the recently-released FTC re- Five years ago, September 12, 1995, f port, the answer to both questions ap- the Federal debt stood at TRIBUTE TO ROBERT CRESANTI pears to be yes.’’ $4,964,466,000,000, four trillion, nine ∑ Mr. BENNETT. Mr. President, I rise The FTC report found that 80 percent hundred sixty-four billion, four hun- today to pay tribute to one of my em- of movies rated R’’ for violence were dred sixty-six million. ployees, Robert Cresanti, Robert has targeted to children under 17. A movie Ten years ago, September 12, 1990, worked as my staff director on the Spe- industry document even acknowledged the Federal debt stood at cial Committee which addressed the that [o]ur goal was to find the elusive $3,232,127,000,000, three trillion, two Y2K problem which I chaired and has teen target audience and make sure ev- hundred thirty-two billion, one hun- also served as a subcommittee staff di- eryone between the ages of 12–18 was dred twenty-seven million. rector and counsel on the Banking exposed to the film.’’ Another docu- Fifteen years ago, September 12, 1985, Committee where I sit. Robert is a ment spoke of using youth groups such the Federal debt stood at wonderful example of an outstanding as Boy Scouts, Girl Scouts, and 4–H $1,823,101,000,000, one trillion, eight man who has given much of his time Clubs in the market testing of R- hundred twenty-three billion, one hun- and talents to the U.S. Senate and the rated’’ films. dred one million. American people. He has developed ex- Teenagers apparently have also been Twenty-five years ago, September 12, cellent skills in the legislative process the target of the music industry’s ef- 1975, the Federal debt stood at and in the ways of Washington. I know forts to sell CDs with explicit content $549,340,000,000, five hundred forty-nine he will be successful in his future en- labels. According to the FTC report, all billion, three hundred forty million, deavors. As he leaves the Senate to go music recordings used in the study which reflects a debt increase of more into the private sector I express my were in some way targeted toward chil- than $5 trillion—$5,134,778,446,519.63, great appreciation to him for his 8 dren under 17. This practice included five trillion, one hundred thirty-four years of loyal service and wish him the the placing advertising in media spe- billion, seven hundred seventy-eight very best as he starts his new profes- cifically aimed at a youth audience. Fi- million, four hundred forty-six thou- sional opportunity.∑ sand, five hundred nineteen dollars and nally, the FTC report noted that 70 f percent of all video games with ‘‘Ma- sixty-three cents, during the past 25 years. TRIBUTE TO BENJAMIN HILL III ture’’ ratings for violence were tar- OF FLORIDA geted toward youth. f ∑ ADDITIONAL STATEMENTS Mr. GRAHAM. Today I offer a tribute It is important to note that the FTC to a great Floridian who has advanced report also conducted studies on chil- the cause of quality judicial appoint- dren’s ability to access these products. IN RECOGNITION OF MS. EMILY E. ments to an independent Federal judi- The FTC found that most retailers ciary: Mr. Benjamin Hill III of Tampa. make little effort to restrict children’s ROME ∑ For four years, Mr. Hill has served as access to products with violent con- Mr. TORRICELLI. Mr. President, I chairman of Florida’s non-partisan tent. Almost half of the movie theaters hereby recognize Ms. Emily E. Rome of Federal Judicial Nominating Commis- used in the study admitted children the Paterson School District as the sion, which screens candidates for fed- ages 13 to 16 to R-rated’’ films even 2000–2001 Passaic County Teacher of the eral judgeships. Mr. Hill has done an when not accompanied by an adult. Year. For the past 50 years, Ms. Rome outstanding job of leading the Commis- The FTC study also showed that unac- has served as a physical education sion and saluting the principle that companied children were able to buy teacher and has received numerous those appointed to the federal judici- explicit recordings and Mature-rated’’ awards and accolades along the way. ary should be among the best in the video games 85 percent of the time. Her accomplishments range from pres- legal profession. The FTC’s findings are staggering, tigious recognition by the U.S. Con- This year the United States Senate and I am eager to hear the entertain- gress and the Governor of New Jersey has confirmed six new federal judges ment industry’s response to the report. to various awards granted by the New for Florida; five in the Middle District Clearly, the entertainment industry Jersey Education Association and the and one in the Southern District. The and its retail partners must refocus National Education Association. investiture ceremony for two of those their efforts and work with the FTC However, the effectiveness of her new judges, the Honorable James and concerned members of Congress service reaches far beyond the view of Moody and the Honorable James David like myself to keep violent material the public eye. In the classroom, Ms. Whittemore, will be held September 18, out of the hands of children. Rome has dedicated herself to creating 2000, in Tampa, Florida, followed by a supportive and productive environ- other investitures elsewhere in our It is my hope that the entertainment ment for the youth of Passaic County. state. The federal judiciary, the legal industry will take this opportunity to As a educator, she as helped to shape profession and the public welcome help restore the faith of the American the mind and spirit of these individuals these new federal judges. public in its voluntary ratings system. during a crucial stage of development As we applaud new jurists, we also Parents in South Dakota and around in their lives. Further, as a member of recognize the tireless work of Mr. Hill the country must also have resources the community, Ms. Rome has dem- in managing a judicial-selection proc- they can trust to help them prevent onstrated the high level of service and ess focused on meritorious appoint- youth violence in their own commu- commitment that we all should strive ments. A leader in his community, his nities. to achieve. church and his profession, Mr. Hill is a I look forward to working with my Ms. Rome’s accomplishments and ac- past president of the Florida Bar and a Senate colleagues and members of the colades reflect only a small portion of current member of the Board of Gov- industry on ways to keep violent mate- the many contributions she has made ernors Executive Committee of the rial out of the hands of children with- to those she has served. He efforts have American Bar Association. out infringing on fundamental First spanned from the children of Passaic The United States Constitution Amendment rights. County to a variety of young individ- specifies that one of the functions of

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8496 CONGRESSIONAL RECORD — SENATE September 13, 2000 the United States Senate is to offer In 1966 he was elected to the Nevada nating in his chairmanship of WWF, ‘‘advice and consent’’ on the executive State Assembly, the first of his 17 Mr. Sant has been committed to con- branch’s nominations, which includes terms; a record unrivaled since our servation in all its aspects, inspired by the nomination of federal judges for state entered the union in 1864. the imperative of leaving a living plan- our independent judiciary. As a legislator, he has become the et to future generations. Perhaps the most visible aspect of legislature’s leading authority on west- As the involved and inspiring chair- the advise-and-consent clause is the ern water issues. He served on the man of World Wildlife Fund, Mr. Sant Senate’s power to confirm nominations Western States Water Council and has encouraged the organization to or reject them, thus denying consent. chaired the Water Policy Committee of think big, working to achieve con- There are myriad ways to offer advice the Council of State Governments- servation results at a new ecoregional, to the executive branch; here’s a brief West. landscape scale. He has applied his description of our process in Florida. In 1973, he was selected by his col- business acumen as well as a range of Florida’s Federal Judicial Nomi- leagues to serve a Speaker Pro Tem- skills and approaches honed through nating Commission, a diverse non-po- pore and the following session, in 1975, his work in government, academia, and litical panel comprised of attorneys as Majority Leader. the nonprofit world to make a compel- and lay persons, receives and reviews During his long and distinguished ling case for conservation to decision applications from prospective federal tenure, the State of Nevada has under- makers around the world, from heads judges. The Commission forwards top gone dramatic changes. The state’s of state to government leaders in the candidates to my attention. This population has increased by more than United States. Encouraging partner- screening process evolved so that Sen- five fold. Nevada has become more ships, he has supported significant and ator CONNIE MACK and I jointly inter- urban and most of the state’s popu- innovative cooperative arrangements viewed leading applicants and made lation growth has been in Southern Ne- between conservation organizations, joint recommendations to the White vada which now accounts for two- governments and private entre- House. thirds of the state’s population. preneurs, and among governments, all During the period that Mr. Hill has Not only is Joe Dini the longest serv- with the goal of advancing conserva- served as chairman of this Commission, ing member of the Assembly, but he tion priorities at a scale that can the United States Senate has con- has also been elected by his peers as achieve lasting results. His personal firmed the nominations of the fol- the Speaker of the Nevada State As- support of conservation initiatives has lowing Floridians to serve as United sembly an unprecedented eight times. made a world of difference. States District Court judges: Another record unparalleled in our As Roger Sant steps down on Sep- MIDDLE DISTRICT state’s history. tember 19 after six years as WWF This extraordinary accomplishment The Honorable John Antoon II Chairman, he continues his personal The Honorable Richard Lazzara is even more remarkable when one con- commitment to conserving the world’s The Honorable James Moody siders that rural Nevada, Joe Dini’s po- endangered species and spaces. Based The Honorable Gregory Presnell litical base, today represents just 15 on his track record, we all can give The Honorable John Steele percent of the state’s over all popu- thanks for his substantial conservation The Honorable James David Whittemore lation. He is a Nevada treasure, the achievements as well as for all we NORTHERN DISTRICT likes of which we will surely not see know he will achieve for conservation The Honorable Stephan Mickle again. in the coming years.∑ Now in the twilight of his career of SOUTHERN DISTRICT f The Honorable William P. Dimitrouleas public service, he is being showered The Honorable Alan Gold with the honors and recognition he so MESSAGES FROM THE PRESIDENT The Honorable Paul C. Huck richly deserves. Messages from the President of the The Honorable Adalberto Jordan As with so many of us who have pur- United States were communicated to The Honorable Donald Middlebrooks sued a life of public service, Joe’s fam- the Senate by Ms. Evans, one of his The Honorable Patricia A. Seitz ily, his wife and his children have sac- secretaries. By any measure, this is an impres- rificed much to make his service pos- EXECUTIVE MESSAGES REFERRED sive list. We express our appreciation sible. Nevadans owe a debt of gratitude to the Senate Judiciary Committee and to Joe Dini’s family as well. As in executive session the Presiding Officer laid before the Senate messages its chairman, Senator ORRIN HATCH, for I am pleased to join with Joe’s many prompt and thorough review of nomi- friends in paying my respect, to my from the President of the United nees from Florida. friend—the much loved and respected, States submitting sundry nominations As we approach the end of the 106th and Pizen Switch’s number one citizen, and a treaty which were referred to the Congress, we salute the citizen involve- Joe Dini.∑ appropriate committees. (The nominations received today are ment of the dedicated men and women f who serve on Florida’s Federal Judicial printed at the end of the Senate pro- TRIBUTE TO ROGER SANT Nominating Commission. Its members ceedings.) and its chairman, Mr. Benjamin Hill ∑ Mrs. FEINSTEIN. Mr. President, it is f III, personify public service.∑ my privilege to recognize the truly MESSAGE FROM THE HOUSE f world-changing efforts of Roger Sant, a distinguished and successful business- At 3:21 p.m., a message from the TRIBUTE TO JOE DINI man who, in his six years as Chairman House of Representatives, delivered by ∑ Mr. BRYAN. Mr President, the of World Wildlife Fund, has brought Ms. Niland, one of its reading clerks, Speaker of the House of the Nevada profound changes to the way conserva- announced that the House having pro- State Assembly is one of Nevada’s tion is accomplished here in the United ceeded to reconsider the bill (H.R. 4810) treasures and he happens to be a very States and, indeed, around the world. to provide for reconciliation pursuant close personal friend of mine. Having taught corporate finance at to section 103(a)(1) of the concurrent I have been privileged to know Joe Stanford University’s Graduate School resolution on the budget for fiscal year Dini since I first served with him in the of Business early in his career, Mr. 2001, returned by the President of the state assembly during the 1969 legisla- Sant moved east to lead the Ford Ad- United States with his objections, to tive session and I continue to value his ministration’s energy conservation ef- the House of Representatives, in which friendship. forts as head of the energy conserva- it originated, that the said bill do not Joe Dini was born and raised in the tion program at the Federal Energy pass, two-thirds of the House of Rep- small town of Yerington, NV, he at- Administration. In 1981, he founded resentatives not agreeing to pass the tended the University of Nevada and AES Corporation, a publicly held glob- same. returned to the community of his birth al power company characterized by its The message also announced that the to work along side his father in the innovative approaches to energy pro- House has passed the following bill, family business. duction. Throughout his career, culmi- without amendment:

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8497 S. 1374. An act to authorize the develop- H.J. Res. 102. Joint resolution recognizing H.R. 3657. An act to provide for the convey- ment and maintenance of a multiagency that the Birmingham Pledge has made a sig- ance of a small parcel of public domain land campus project in the town of Jackson, Wyo- nificant contribution in fostering racial har- in the San Bernardino National Forest in the ming. mony and reconciliation in the United State of California, and for other purposes; The message further announced that States and around the world, and for other to the Committee on Energy and Natural Re- the House has passed the following bill, purposes. sources. H.R. 4104. An act to amend the Federal with an amendment: The message further announced that the House has agreed to the following Water Pollution Control Act to authorize S. 624. An act to authorize construction of funding to carry out certain water quality the Fort Peck Reservation Rural Water Sys- concurrent resolutions, in which it re- and environmental restoration projects for tem in the State of Montana, and for other quests the concurrence of the Senate: the Mississippi Sound, Mississippi, and for purposes. H. Con. Res. 368. Concurrent resolution es- other purposes; to the Committee on Envi- The message also announced that the tablishing a special task force to recommend ronment and Public Works. House has passed the following bills an appropriate recognition for the slave la- H.R. 4318. An act to establish the Red River and joint resolution, in which it re- borers who worked on the construction of National Wildlife Refuge; to the Committee quests the concurrence of the Senate: the United States Capitol. on Environment and Public Works. H. Con. Res. 394. Concurrent resolution di- H.R. 4583. An act to extend the authoriza- H.R. 755. An act to establish the Guam War recting the Secretary of the Senate to make tion for the Air Force Memorial Foundation Claims Review Commission. technical corrections in the enrollment of S. to establish a memorial in the District of Co- H.R. 1460. An act to amend the Ysleta del 1374. lumbia or its environs; to the Committee on Sur Pueblo and Alabama and Coushatta In- ENROLLED BILLS SIGNED Energy and Natural Resources. dian Tribes of Texas Restoration Act to de- At 7:49 p.m., a message from the H.R. 4840. An act to reauthorize the Atlan- crease the requisite blood quantum required tic Coastal Fisheries Cooperative Manage- for membership in the Ysleta del Sur Pueblo House of Representatives, delivered by ment Act; to the Committee on Commerce, Tribe. Ms. Niland, one of its reading clerks, Science, and Transportation. H.R. 1775. An act to catalyze restoration of announced that the Speaker has signed H.R. 5123. An act to require the Secretary estuary habitat through more efficient fi- the following enrolled bills: of Education to provide notification to nancing of projects and enhanced coordina- S. 1027. An act to reauthorize the partici- States and State educational agencies re- tion of Federal and non-Federal restoration garding the availability of certain adminis- programs, and for other purposes. pation of the Bureau of Reclamation in the Deschutes Resources Conservancy, and for trative funds to establish school safety hot- H.R. 2090. An act to direct the Secretary of lines; to the Committee on Health, Edu- Commerce to contract with the National other purposes. S. 1117. An act to establish the Corinth cation, Labor, and Pensions. Academy of Sciences to establish the Coordi- H.J. Res. 102. Joint resolution recognizing nated Oceanographic Program Advisory Unit of Shiloh National Military Park, in the vicinity of the city of Corinth, Mis- that the Birmingham Pledge has made a sig- Panel to report to the Congress on the feasi- nificant contribution in fostering racial har- bility and social value of a coordinated sissippi, and in the State of Tennessee, and for other purposes. mony and reconciliation in the United oceanography program. States and around the world, and for other H.R. 2296. An act to amend the Revised Or- S. 1937. An act to amend the Pacific North- west Electric Power Planning and Conserva- purposes; to the Committee on the Judici- ganic Act of the Virgin Islands to provide ary. that the number of members on the legisla- tion Act to provide for sales of electricity by ture of the Virgin Islands and the number of the Bonneville Power Administration to The following concurrent resolution such members constituting a quorum shall joint operating entities. was read, and referred as indicated: be determined by the laws of the Virgin Is- f H. Con. Res. 368. Concurrent resolution es- lands, and for other purposes. MEASURES REFERRED tablishing a special task force to recommend H.R. 3222. An act to amend the Elementary an appropriate recognition for the slave la- and Secondary Education Act of 1965 to im- The following bills and joint resolu- borers who worked on the construction of prove literacy through family literacy tion were read the first and the second the United States Capitol; to the Committee projects and to reauthorize the inexpensive times by unanimous consent, and re- on Rules and Administration. book distribution program. ferred as indicated: H.R. 3378. An act to authorize certain ac- f tions to address the comprehensive treat- H.R. 755. An act to establish the Guam War MEASURES PLACED ON THE Claims Review Commission; to the Com- ment of sewage emanating from the Tijuana CALENDAR River in order to substantially reduce river mittee on Energy and Natural Resources. and ocean pollution in the San Diego border H.R. 1460. An act to amend the Ysleta del The following bill was read the first region. Sur Pueblo and Alabama and Coushatta In- and second times by unanimous con- H.R. 3632. An act to revise the boundaries dian Tribes of Texas Restoration Act to de- sent, and placed on the calendar: of the Golden Gate National Recreation crease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo H.R. 3632. An act to revise the boundaries Area, and for other purposes. of the Golden Gate National Recreation H.R. 3657. An act to provide for the convey- tribe; to the Committee on Indian Affairs. Area, and for other purposes. ance of a small parcel of public domain land H.R. 1755. An act to catalyze restoration of in the San Bernardino National Forest in the estuary habitat through more efficient fi- f State of California, and for other purposes. nancing of projects and enhanced coordina- H.R. 4104. An act to amend the Federal tion of Federal and non-Federal restoration MEASURES READ THE FIRST TIME Water Pollution Control Act to authorize programs, and for other purposes; to the The following bill was read the first funding to carry out certain water quality Committee on Environment and Public time: Works. and environmental restoration projects for H.R. 2090. An act to direct the Secretary of the Mississippi Sound, Mississippi, and for H.R. 2296. An act to amend the Revised Or- ganic Act of the Virgin Islands to provide Commerce to contract with the National other purposes. Academy of Sciences to establish the Coordi- H.R. 4318. An act to establish the Red River that the number of members on the legisla- nated Oceanographic Program Advisory National Wildlife Refuge. ture of the Virgin Islands and the number of Panel to report to the Congress on the feasi- H.R. 4583. An act to extend the authoriza- such members constituting a quorum shall bility and social value of a coordinated tion for the Air Force Memorial Foundation be determined by the laws of the Virgin Is- oceanography program. to establish a memorial in the District of Co- lands, and for other purposes; to the Com- lumbia or its environs. mittee on Energy and Natural Resources. f H.R. 4840. An act to reauthorize the Atlan- H.R. 3222. An act to amend the Elementary tic Coastal Fisheries Cooperative Manage- and Secondary Education Act of 1965 to im- EXECUTIVE AND OTHER ment Act. prove literacy through family literacy COMMUNICATIONS H.R. 4957. An act to amend the Omnibus projects and to reauthorize the inexpensive The following communications were Parks and Public Lands Management Act of book distribution program; to the Com- laid before the Senate, together with 1996 to extend the legislative authority for mittee on Health, Education, Labor, and accompanying papers, reports, and doc- the Black Patriots Foundation to establish a Pensions. commemorative work. H.R. 3378. An act to authorize certain ac- uments, which were referred as indi- H.R. 5123. An act to require the Secretary tions to address the comprehensive treat- cated: of Education to provide notification to ment of sewage emanating from the Tijuana EC–10703. A communication from the Di- States and State educational agencies re- River in order to substantially reduce river rector of the Office of Regulations Manage- garding the availability of certain adminis- and ocean pollution in the San Diego border ment, Office of Resolution Management, De- trative funds to establish school safety hot- region; to the Committee on Environment partment of Veterans Affairs, transmitting, lines. and Public Works. pursuant to law, the report of a rule entitled

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8498 CONGRESSIONAL RECORD — SENATE September 13, 2000 ‘‘Nondiscrimination on the Basis of Sex in mitting, pursuant to law , the report of a transmitting, pursuant to law, the report of Education Programs or Activities Receiving rule entitled ‘‘Airworthiness Directives: Boe- a rule entitled ‘‘Interpretive rule; Court of Federal Financial Assistance’’ (RIN2900- ing Model 747 and 767 Series Airplanes Competent Jurisdiction; [8-20/9-7]’’ (2120- AJ11) received on September 8, 2000; to the Equipped with GE CF6-80C2 Series Engines; ZZ28) received on September 11, 2000; to the Committee on Veterans’ Affairs. docket no. 2000-NM-24 [8-31/9-7]’’ (RIN2120- Committee on Commerce, Science, and EC–10704. A communication from the Di- AA64) (2000-0440) received on September 11, Transportation. rector of the Office of Regulations Manage- 2000; to the Committee on Commerce, EC–10721. A communication from the Pro- ment, Board of Veterans’ Appeals, Depart- Science, and Transportation. gram Analyst of the Federal Aviation Com- ment of Veterans’ Affairs, transmitting, pur- EC–10713. A communication from the Pro- mission, Department of Transportation, suant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of ‘‘Appeal Regulations: Title for Members of tion, Department of Transportation, trans- a rule entitled ‘‘Final Rule public Meeting; the Board of Veterans’ Appeals’’ (RIN2900- mitting, pursuant to law , the report of a Changed Product Rule Meeting [8-2/9-7]’’ AK14) received on September 11, 2000; to the rule entitled ‘‘Airworthiness Directives: (2120-ZZ29) received on September 11, 2000; to Committee on Veterans’ Affairs. British Aerospace HP137 Mkl, Jetstream Se- the Committee on Commerce, Science, and EC–10705. A communication from the Pro- ries 200, 3101, and 3201 Airplanes; docket no. Transportation. gram Analyst, Federal Aviation Administra- 98-CE-117 [8-21/9-7]’’ (RIN2120-AA64) (2000-0441) EC–10722. A communication from the Pro- tion, Department of Transportation, trans- received on September 11, 2000; to the Com- gram Analyst of the Federal Aviation Com- mitting, pursuant to law , the report of a mittee on Commerce, Science, and Transpor- mission, Department of Transportation, rule entitled ‘‘Standard Instrument Ap- tation. transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- EC–10714. A communication from the Pro- a rule entitled ‘‘Amendment of Class D Air- ments (12); amdt. No. 2008; [8/24-9/7]’’ gram Analyst, Federal Aviation Administra- space; Cocoa Beach, FL; docket no. 00-ASO- (RIN2120-AA65) (2000-0043) received on Sep- tion, Department of Transportation, trans- 31 [8-24/9-7]’’ (2120-AA66) (2000-0210) received tember 11, 2000; to the Committee on Com- mitting, pursuant to law , the report of a on September 11, 2000; to the Committee on merce, Science, and Transportation. rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. EC–10706. A communication from the Pro- Eurocopter Franc Model EC120B Helicopters; EC–10723. A communication from the Pro- gram Analyst, Federal Aviation Administra- docket no. 2000-SW-33 [8-28/9-7]’’ (RIN2120- gram Analyst of the Federal Aviation Com- tion, Department of Transportation, trans- AA64) (2000-0445) received on September 11, mission, Department of Transportation, mitting, pursuant to law , the report of a 2000; to the Committee on Commerce, transmitting, pursuant to law, the report of rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. a rule entitled ‘‘Amendment of Class D Air- proach Procedures; Miscellaneous Amend- EC–10715. A communication from the Pro- space; Simmons Army Airfield, NC, and ments (60); amdt. No. 2006; [8/24-9/7]’’ gram Analyst, Federal Aviation Administra- Class E4; Airspace, Key West FL; docket no. (RIN2120-AA65) (2000-0044) received on Sep- tion, Department of Transportation, trans- 00-ASO-30 [8-24/9-7]’’ (2120-AA66) (2000-0211) re- tember 11, 2000; to the Committee on Com- mitting, pursuant to law , the report of a ceived on September 11, 2000; to the Com- merce, Science, and Transportation. rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- EC–10707. A communication from the Pro- Eurocopter Deutschland GMBH Model Bo tation. gram Analyst, Federal Aviation Administra- 105A, 105C, 105 C-2, 105, CB2, BO105, CB4 BO EC–10724. A communication from the Pro- tion, Department of Transportation, trans- 105S , BO 105 CS-2, BO105 CBS-2, CBS-4 and gram Analyst of the Federal Aviation Com- mitting, pursuant to law , the report of a BO 105LS A1 Helicopters; docket no. 99-SW-66 mission, Department of Transportation, rule entitled ‘‘Standard Instrument Ap- [8-28/9-7]’’ (RIN2120-AA64) (2000-0446) received transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- on September 11, 2000; to the Committee on a rule entitled ‘‘Removal of Class E Airspace; ments (50); amdt. No. 2005; [8/10-9/7]’’ Commerce, Science, and Transportation. Melbourne, FL and Cocoa Patrick AFB, FL; (RIN2120-AA65) (2000-0045) received on Sep- EC–10716. A communication from the Pro- docket no. 00-ASO-27 [8-21/9-7]’’ (2120-AA66) tember 11, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- (2000-0212) received on September 11, 2000; to merce, Science, and Transportation. tion, Department of Transportation, trans- the Committee on Commerce, Science, and EC–10708. A communication from the Pro- mitting, pursuant to law , the report of a Transportation. gram Analyst, Federal Aviation Administra- rule entitled ‘‘Airworthiness Directives: Boe- EC–10725. A communication from the Pro- tion, Department of Transportation, trans- ing Model 737-200 and 300 Series Airplanes gram Analyst of the Federal Aviation Com- mitting, pursuant to law , the report of a Equipped with a Main Deck Cargo Door In- mission, Department of Transportation, rule entitled ‘‘Standard Instrument Ap- stalled in Accordance with Supplemental transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- type Certificate SA2969SO; docket no. 2000- a rule entitled ‘‘Modification of Class E Air- ments (61); amdt. No. 2003; [8/10-9/7]’’ NM-277 [8-25/9-7]’’ (RIN2120-AA64) (2000-0448) space; Marquette.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8499 a rule entitled ‘‘Modification of Class E Air- ices, transmitting, pursuant to law, the re- mittee on Agriculture, Nutrition, and For- space; Frankfort, MI; docket no. 00-AGL-18 port of a rule entitled ‘‘Indirect Food Addi- estry. [8-25/9-7]’’ (2120-AA66) (2000-0217) received on tives: Polymers’’ (Docket No. 98F-0484) re- EC–10748. A communication from the Con- September 11, 2000; to the Committee on ceived on September 8, 2000; to the Com- gressional Review Coordinator, Animal and Commerce, Science, and Transportation. mittee on Health, Education, Labor , and Plant Health Inspection Service, Department EC–10730. A communication from the Pro- Pensions. of Agriculture, transmitting, pursuant to gram Analyst of the Federal Aviation Com- EC–10740. A communication from the Di- law, the report of a rule entitled ‘‘Plum Pox mission, Department of Transportation, rector of the Regulations Policy and Man- Compensation’’ (Docket #00-035-1) received transmitting, pursuant to law, the report of agement Staff, Food and Drug Administra- on September 11, 2000; to the Committee on a rule entitled ‘‘Modification of Class E Air- tion, Department of Health and Human Serv- Agriculture, Nutrition, and Forestry. space; Dickinson, ND; docket no. 00-AGL-17 ices, transmitting, pursuant to law, the re- EC–10749. A communication from the Act- [8-28/9-7]’’ (2120-AA66) (2000-0218) received on port of a rule entitled ‘‘Biological Products ing Assistant Secretary for Land and Min- September 11, 2000; to the Committee on Regulated Under Section 351 of the Public erals Management, Department of the Inte- Commerce, Science, and Transportation. Health Service Act; Implementation of the rior, transmitting, pursuant to law, the re- EC–10731. A communication from the Biologics License; Elimination of Establish- port of a rule entitled ‘‘Interest Rate Appli- Comptroller General, transmitting, pursuant ment License and Product License; Tech- cable To Late Payment Or Underpayment Of to law, the report entitled ‘‘Reports, Testi- nical Amendment’’ (Docket No. 98N-0144) re- Monies Due On Solid Minerals And Geo- mony, Correspondence, and Other Publica- ceived on September 8, 2000; to the Com- thermal Leases’’ received on September 7, tions: July 2000″; to the Committee on Gov- mittee on Health, Education, Labor, and 2000; to the Committee on Energy and Nat- ernmental Affairs. Pensions. ural Resources. EC–10732. A communication from the Exec- EC–10741. A communication from the Di- f utive Director of the Committee For Pur- rector of the Regulations Policy and Man- chase From People Who Are Blind or Se- agement Staff, Food and Drug Administra- PETITIONS AND MEMORIALS verely Disabled, transmitting, pursuant to tion, Department of Health and Human Serv- The following petitions and memo- law, the report of additions to the procure- ices, transmitting, pursuant to law, the re- ment list received on September 8, 2000; to port of a rule entitled ‘‘Indirect Food Addi- rials were laid before the Senate and the Committee on Governmental Affairs. tives; Adjuvants, Production Aids, and Sani- were referred or ordered to lie on the EC–10733. A communication from the As- tizers’’ (Docket No. 99F-0127) received on table as indicated: sistant Secretary for Fish and Wildlife and September 8, 2000; to the Committee on POM–621. A petition from the Republic of Parks, Department of the Interior, transmit- Health, Education, Labor, and Pensions. the Marshall Islands relative to nuclear test- ting, pursuant to law, the report of a rule en- EC–10742. A communication from the Di- ing; to the Committee on Energy and Nat- titled ‘‘2000-2001 Refuge-Specific Hunting and rector of the Regulations Policy and Man- ural Resources. Sport Fishing Regulations’’ (RIN1018-AG01) agement Staff, Food and Drug Administra- PETITION received on September 8, 2000; to the Com- tion, Department of Health and Human Serv- mittee on Environment and Public Works. ices, transmitting, pursuant to law, the re- As provided by Congress in Article IX of EC–10734. A communication from the Com- port of a rule entitled ‘‘Revision of Require- the nuclear test claims settlement enacted missioner, Bureau of Reclamation, Depart- ments Applicable to Albumin (Human), Plas- in law under Title II, Section 177(c) of the ment of the Interior, transmitting, pursuant ma Protein Fraction (Human), and Immune Compact of Free Association Act of 1985 to law, a report relative to Wickiup Dam, Globulin (Human)’’ (Docket No. 98N-0608) re- [P.L. 99–239], the Republic of the Marshall Is- Deschutes Project, Oregon; to the Com- ceived on September 8, 2000; to the Com- lands respectfully submits this Changed Cir- mittee on Environment and Public Works. mittee on Health, Education, Labor, and cumstances Petition to the Congress of the EC–10735. A communication from the Dep- Pensions. United States. The Government of the Re- uty Associate Administrator of the Environ- EC–10743. A communication from the Di- public of Marshall Islands hereby notifies mental Protection Agency, transmitting, rector of the Regulations Policy and Man- the Congress of its determination that the pursuant to law, three rules entitled ‘‘Revi- agement Staff, Food and Drug Administra- criteria have been satisfied under applicable sions to the California State Implementation tion, Department of Health and Human Serv- U.S. federal law for further measures to pro- Plan, San Diego County Air Pollution Con- ices, transmitting, pursuant to law, the re- vide adequately for injuries to persons and trol District and Bay Area Air Quality Man- port of a rule entitled ‘‘Amendment of Var- property in the Marshall Islands that have agement District’’ (FRL #6850-1), ‘‘Revisions ious Device Regulations to Reflect Current arisen, been discovered, or adjudicated since to the California State Implementation American Society for Testing and Materials the Compact took effect on October 21, 1986. Plan, Tehama County Air Pollution Control Citations, Confirmation in Part and Tech- Section 177 of the Compact of Free Asso- District’’ (FRL #6852-7), and ‘‘Revisions to nical Amendment; Correction’’ (Docket No. ciation provides that ‘‘The Government of the California State Implementation Plan, 99N-4955) received on September 8, 2000; to the United States accepts the responsibility Tehama County Air Pollution Control Dis- the Committee on Health, Education, Labor, for compensation owing to citizens of the trict’’ (FRL #6868-9) received on September and Pensions. Marshall Islands . . . for loss or damage to 11, 2000; to the Committee on Environment EC–10744. A communication from the Sec- property and person . . . resulting from the and Public Works. retary of Defense, transmitting a notice rel- nuclear testing program which the Govern- EC–10736. A communication from the Sec- ative to three retirements; to the Committee ment of the United States conducted in the retary of Transportation, transmitting, pur- on Armed Services. Northern Marshall Islands between June 30, suant to law, a report relative to the na- EC–10745. A communication from the Sec- 1946, and August 18, 1958.’’ tional intelligent transportation systems retary of the Department of Agriculture, As detailed herein, injuries and damages five-year program plan; to the Committee on transmitting, pursuant to law, a report rel- resulting from the United States Nuclear Environment and Public Works. ative to animal welfare enforcement; to the Testing Program have arisen, been discov- EC–10737. A communication from the Di- Committee on Agriculture, Nutrition, and ered, or have been adjudicated in the Mar- rector of the Regulations Policy and Man- Forestry. shall Islands since the Compact took effect. agement Staff, Food and Drug Administra- EC–10746. A communication from the Regu- These injuries and damages could not rea- tion, Department of Health and Human Serv- latory Management Staff, Office of Policy, sonably have been discovered, or could not ices, transmitting, pursuant to law, the re- Economics, and Innovation, Environmental have been determined, prior to the effective port of a rule entitled ‘‘Topical Antifungal Protection Agency, transmitting, pursuant date of the Compact. Such injuries, damages Drug Products for Over-the-Counter Human to law, the report of two rules entitled and adjudication render the terms of the Use; Amendment of Final Monograph’’ ‘‘Actbenzolar-S-Methyl; Pesticide Toler- Section 177 Agreement manifestly inad- (RIN0910-AA01) received on September 8, ance’’ (FRL #6737-6) and ‘‘Fosetyl-Al; Pes- equate to provide just and adequate com- 2000; to the Committee on Health, Education, ticide Tolerance’’ (FRL #6599-4) received on pensation for injuries to Marshallese people Labor, and Pensions. August 15, 2000; to the Committee on Agri- and for damage to or loss of land resulting EC–10738. A communication from the Di- culture, Nutrition, and Forestry. from the U.S. Nuclear Testing Program. rector of the Regulations Policy and Man- EC–10747. A communication from the Small The terms of Section 177 represent a politi- agement Staff, Food and Drug Administra- Advocacy Chair, Office of Policy, Economics, cally determined settlement (Attachment I, tion, Department of Health and Human Serv- and Innovation, Environmental Protection Hills testimony) rather than either a good ices, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the faith assessment of personal injury or prop- port of a rule entitled ‘‘Substances Approved report of four rules entitled ‘‘Coumaphos ; erty claims, a legally adjudicated determina- for Use in Preparation of Meat and Poultry Pesticide Tolerances for Emergency Exemp- tion of actual damages, or monetary award Products’’ (RIN0910-AA58) received on Sep- tions’’ (FRL #6738-3), ‘‘Mancozeb; Pesticide for such damages. As a political settlement, tember 8, 2000; to the Committee on Health, Tolerance Technical Correction’’ (FRL #6736- Section 177 of the Compact requires that the Education, Labor, and Pensions. 4), ‘‘Propiconazola; Extension of Tolerances U.S. provide $150 million to the RMI to cre- EC–10739. A communication from the Di- for Emergency Exemptions’’ (FRL #6737-1), ate a Fund that, over a 15-year period of the rector of the Regulations Policy and Man- and ‘‘Zinc Phosphide; Pesticide Tolerances Compact, was intended to generate $270 mil- agement Staff, Food and Drug Administra- for Emergency Exemptions’’ (FRL #6598-9) lion in proceeds for disbursement ‘‘as a tion, Department of Health and Human Serv- received on August 15, 2000; to the Com- means to address past, present and future

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consequences of the U.S. Nuclear Testing PAYMENT OF PROPERTY DAMAGE AWARDS MADE populations exposed to radiation from the Program, including the resolution of result- BY THE CLAIMS TRIBUNAL U.S. Weapons Testing Program (Attachment ant claims’’ [Preamble of the 177 Agree- The Claims Tribunal awarded the VI, Medical Analysis). ment]. Enewetak people compensation for damages 4. Authorize and appropriate $45 million In lieu of an assessment of damages by the they suffered as a result of the U.S. nuclear each year for 50 years for a 177 Health Care Federal courts, the government of the Mar- testing at Enewetak. The compensation in- Program to provide a health care program shall Islands accepted the U.S. proposal that cluded awards for loss of use of their land, for those individuals recognized by the U.S. it espouse and settle the claims of the for restoration (nuclear cleanup, soil reha- Government as having been exposed to high Marshallese people arising from the nuclear bilitation and revegetation), and for hard- levels of radiation during or after the testing testing program conducted by the U.S. in ship (for suffering the Enewetak people en- program, including those who were down- conjunction with the establishment of a dured while being exiled to Ujelang Atoll for wind for one or more test, and the awardees Claims Tribunal. The U.S. expressly recog- a 33 year period). The Tribunal fully de- of personal injury claims from the Tribunal nized that its technical assessment of radio- ducted the compensation the Enewetak peo- (Attachment VI, Medical Analysis). logical damage to persons and property in 5. Extend the U.S. Department of Energy ple received, or are to receive, under the the RMI was limited to a ‘‘best effort’’ at the medical monitoring program for exposed Compact. The Tribunal determined that the time of the Compact (Attachment II, Sci- populations to any groups that can dem- net amount of $386 million is required to pro- entific Analysis), and was based on a limited onstrate high levels of radiation exposure to vide the Enewetak people with the just com- disclosure of available information and in- the U.S. Congress (Attachment II, Scientific pensation to which they are entitled. The complete scientific knowledge. As a result, Analysis, issue #6). Tribunal does not have the funds to pay the further adjudication of claims by an internal Beyond the five immediate changed cir- $386 million award to the Enewetak people RMI Nuclear Claims Tribunal was agreed to cumstances, the RMI Government will (Attachment V, Enewetak Land Claim). by the United States. present information to the U.S. Congress in In addition to creating the Tribunal, the GROSS INABILITY OF THE 177 MEDICAL PROGRAM the future regarding several other areas of U.S. agreed, in exchange for the RMI espous- TO EFFECTIVELY ADDRESS HEALTH CON- changed circumstances. Some of these areas ing and settling its citizens claims, to adopt SEQUENCES include: a ‘‘Changed Circumstances’’ procedure, One of the measures adopted under the PAYMENT OF PROPERTY DAMAGE AWARDS MADE through which Congress accepted the author- Section 177 Agreement to compensate the BY THE CLAIMS TRIBUNAL ity and responsibility at a later date to de- people and government of the Marshall Is- In April 2000, the Claims Tribunal issued termine the adequacy of the measures adopt- lands was a health care program for four of its first award for property damage to the ed under the 177 Agreement to compensate the atoll populations impacted by the test- people of Enewetak Atoll. The full award of for the injuries and damages caused by the ing program, including those who were down- $386 million addresses the claims of the U.S. Nuclear Testing Program. Accordingly, wind of one or more tests, and the awardees Enewetak people for loss of use of their land, in approving the Section 177 Agreement, of personal injury claims from the Tribunal. for costs of restoration, and for hardship suf- Congress accepted the responsibility to de- The medical surveillance and health care fered while in exile for a 33 year period. Addi- termine if further measures are required to program established under the Section 177 tionally, the Claims Tribunal is expected to provide just and adequate compensation in Agreement has proven to be manifestly inad- make an award for property damage to the light of the awards that have been made by equate given the health care needs of the af- people of Bikini. Two other property damage the Tribunal, as well as the injuries and fected communities. The 177 Health Care claims in the process of being developed in- damages that have become known or been Program was asked to deliver appropriate clude one by Rongelap, Alinginae, and discovered since the settlement was ratified. health care services within an RMI health Rongerik and, one by Utrik, Taka, Tongai/ For the RMI to seek and ask for the Con- infrastructure that was not prepared or Bokaak. These claims will be presented to gress to provide additional funding is con- equipped to deliver the necessary level of the Tribunal in the near future. The pending sistent with the commitment of the United health care. Funding provided under Article cases will better define the level of com- States to provide just and adequate com- II, Section 1(a) of the 177 Agreement has re- pensation that will ultimately be required to pensation for the nuclear claims. Indeed, mained at a constant $2 million per year. As fully repair damage to all islands, including such funding is contemplated by the Agree- a result of this underfunding, the 177 Health those not currently being rehabilitated for ment and is the political process intended by Care Program has only $14 per person per resettlement, and to provide for adjudication Congress as a means to seek just and ade- month as compared to an average U.S. ex- of all other claims. quate compensation—if possible without fur- penditure of $230 per person per month for FUNDING OF ENVIRONMENTAL REHABILITATION ther litigation. Under relevant federal court similar services (Attachment VI, Medical decisions, it is possible that claims could be AND RESETTLEMENT Analysis). The U.S. Congress has recognized the need recommenced in U.S. courts based on failure It is imperative that a new medical pro- for environmental restoration to reduce ra- of the agreement to provide just and ade- gram be implemented, with adequate funding dioactive contamination to acceptable levels quate compensation (Attachment III, Legal that empowers the affected downwind and at Bikini, Enewetak, and Rongelap atolls by Analysis). other exposed communities to provide pri- The settlement specifically authorizes di- establishing resettlement trust funds for mary, secondary, and tertiary healthcare for rect access to the Congress of the United those atolls. The Enewetak trust fund for the their citizens in a manner compatible and States by the RMI if ‘‘Changed Cir- rehabilitation and resettlement of Enjebi Is- coordinated with RMI and U.S. health care cumstances’’ were discovered or developed land is only $10 million while evidence programs and policies. after the Agreement took effect, and render present before the Claims Tribunal dem- Based on the inadequacy of funds for per- the provisions of the Agreement manifestly onstrated that over $148 million is required sonal injury claims, property damage claims, inadequate. As more knowledge and informa- for environmental restoration of the atoll and health consequences from the U.S. Nu- tion emerges about the damages and injuries and resettlement of a portion of its popu- clear Testing Program, the RMI Government wrought by the testing program, the mani- lation, the Enjebi people. Similarly, prelimi- respectfully requests Congress to: fest inadequacy of Section 177 has become 1. Authorize and appropriate $26.9 million nary estimates for cleanup costs at Bikini clear. As confirmed in Attachments IV, V, so the Claims Tribunal can complete full and Rongelap atolls (approximately $205–505 and VI, the most immediate needs resulting payment of the personal injury awards made million for Bikini Atoll and $100 million for from inadequacies of the Agreement are as of August 15, 2000. Of this amount, ap- just one island on Rongelap, Rongelap Is- funding to award personal injury claims proximately $21 million is needed to pay off land) exceed the funding levels currently through the Tribunal, funding to satisfy the the estates of the 712 individuals known to provided. No rehabilitation and resettlement Tribunal awards for property damage claims, have died. An additional $5.9 million is need- trust fund presently exists for Utrik. and funding to address the gross inability of ed to make full payments of awards to indi- SUPPORT FOR FURTHER MEDICAL SURVEILLANCE the 177 medical program to effectively ad- viduals who are still alive; approximately AND radiological monitoring activities, in- dress the health consequences of the U.S. half of that amount is needed to pay 80 or cluding tracer chemicals and toxic mate- Nuclear Testing Program. more individuals who presently suffer from a rials PAYMENT OF PERSONAL INJURY AWARDS MADE compensable condition which is likely to re- Under Article II, Section 1 (a) of the 177 BY THE CLAIMS TRIBUNAL sult in their death and the remaining half is Agreement, $3 million was provided to the As of August 15, 2000, the Nuclear Claims owed to other living awardees (Attachment RMI for medical surveillance and radio- Tribunal established pursuant to the 177 IV, Decisions of the Nuclear Claims Tri- logical monitoring activities. Those funds Agreement had awarded $72,634,750 for per- bunal). were used to conduct a nationwide radio- sonal injuries, an amount $26.9 million more 2. Authorize and appropriate $386 million logical survey, a medical examination pro- than the $45.75 million total available under to satisfy the Claims Tribunal award to the gram in the outer islands, and a thyroid Article II, Section 6(c) for payment of all Enewetak people (Attachment V. Enewetak study on Ebeye Island. While valuable infor- awards, including property damage, over the Land Claim). mation was obtained from these activities, Compact period. To date, at least 712 of these 3. Authorize and appropriate $50 million in such as identification and treatment for awardees (42%) have died without receiving initial capitol costs to build and supply the radiogenic illnesses, the surveys indicate their full award (Attachment IV, Decisions infrastructure necessary to provide adequate that thyroid and other radiation related ill- of the Nuclear Claims Tribunal). primary and secondary medical care to the nesses are evident in populations that are

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8501 presently unmonitored, yet the funds for By Mr. LUGAR, from the Committee on ufacture, assembly, shipment, or transpor- medical surveillance are exhausted. Agriculture, Nutrition, and Forestry, with tation of firearms or firearm parts, and for The health consequences of the U.S. Nu- an amendment in the nature of a substitute: other purposes; to the Committee on the Ju- clear Testing Program are greater than S. 1066: A bill to amend the National Agri- diciary. originally suspected. Additionally, radiation cultural Research, Extension, and Teaching By Mr. MCCAIN: from the testing program reached every cor- Policy Act of 1977 to encourage the use of S. 3044. A bill to establish the Las Cienegas ner of the Marshall Islands. Medical surveil- and research into agricultural best practices National Conservation Area in the State of lance should have been, and should be tar- to improve the environment, and for other Arizona; to the Committee on Energy and geted at monitoring frequencies of all real purposes (Rept. No. 106–407). Natural Resources. and potential health consequences of the By Mr. LUGAR, from the Committee on f testing program in a longitudinal fashion. It Agriculture, Nutrition, and Forestry, with- is only in this manner that a complete un- out amendment: SUBMISSION OF CONCURRENT AND derstanding of health trends and associa- S. 1762: A bill to amend the Watershed Pro- SENATE RESOLUTIONS tions of specific illness and radiation can be tection and Flood Prevention Act to author- appreciated. An onsite national health sur- ize the Secretary of Agriculture to provide The following concurrent resolutions veillance system needs to be developed, im- cost share assistance for the rehabilitation and Senate resolutions were read, and plemented, and sustained to monitor all of structural measures constructed as part of referred (or acted upon), as indicated: health consequences of the nuclear weapons water resources projects previously funded By Mr. LOTT (for himself and Mr. testing program for the next fifty years. by the Secretary under such Act or related DASCHLE): OCCUPATIONAL SAFETY PROGRAM laws (Rept. No. 106–408). S. Res. 356. A resolution to authorize docu- Section 177 does not include an occupa- The following reports of committees mentary production by the Select Com- tional safety program for Marshallese and were submitted today: mittee on Intelligence; considered and other workers involved in environmental re- agreed to. By Mrs. HUTCHISON, from the Committee By Mr. BROWNBACK (for himself and mediation or cleanup programs. As a result, on Appropriations, without amendment: Marshallese and other workers are exposed Mr. WELLSTONE): S. 3041: An original bill making appropria- S. Res. 357. A resolution welcoming Prime to occupational sources of radiation. Medical tions for the government of the District of screening of past and present radiation Minister Atal Bihari Vajpayee, Prime Min- Columbia and other activities chargeable in ister of India, upon his first official visit to workers is greatly needed to reduce the risk whole or part against the revenues of said of further illness and claims. the United States, and for other purposes; District for the fiscal year ending September considered and agreed to. COMMUNITY EDUCATION AND DEVELOPMENT 30, 2001, and for other purposes. (Rept. No. By Mr. JEFFORDS (for himself, Mr. PROGRAMS 106–409). KENNEDY, Mr. GREGG, Mr. DODD, Mr. By Mr. BOND, from the Committee on Ap- Section 177 provides no means to educate DEWINE, Mr. HARKIN, Mr. ENZI, Ms . propriations, with an amendment in the na- Marshallese citizens in radiation related MIKULSKI, Ms. COLLINS, Mr. BINGA- ture of a substitute: fields or to build local capacity to undertake MAN, Mr. HAGEL, Mr. WELLSTONE, H.R. 4635: A bill making appropriations for research, archive relevant information, or Mrs. MURRAY, Mr. REED, Mr. FRIST, the Departments of Veterans Affairs and educate the public about the consequences of and Mr. HUTCHINSON): the U.S. Nuclear Testing Program in the Housing and Urban Development, and for S. Con. Res. 135. A concurrent resolution Marshall Islands. sundry independent agencies, boards, com- recognizing the 25th anniversary of the en- missions, corporations, and offices for the NUCLEAR STEWARDSHIP PROGRAM actment of the Education for All Handi- fiscal year ending September 30, 2001, and for capped Children Act of 1975; to the Com- Section 177 does not provide programs for other purposes (Rept. No. 106–410). communities to develop strategies for safely mittee on Health, Education, Labor, and By Mr. ROTH, from the Committee on Fi- Pensions. containing radiation and living near radio- nance, with an amendment in the nature of active waste storage areas. a substitute and an amendment to the title: f The inadequacies presented in this petition H.R. 1102: A bill to provide for pension re- ‘‘could not reasonably have been identified’’ STATEMENTS ON INTRODUCED form, and for other purposes (Rept. No. 106– BILLS AND JOINT RESOLUTIONS in the 177 Agreement [Article IX] both be- 411). cause the full extent of the damages caused Mr. THOMPSON (for himself, Mr. f by the testing program had never been as- KOHL, Mr. ABRAHAM, Mr. sessed and because scientific and medical de- INTRODUCTION OF BILLS AND TORRICELLI, Mr. VOINOVICH, velopments since the settlement was con- summated would have rendered any prior as- JOINT RESOLUTIONS Mrs. LINCOLN, Mr. ROTH, Mr. sessment not just manifestly inadequate, but The following bills and joint resolu- GREGG, Mr. HUTCHINSON, Ms. null and void. What might have been ac- tions were introduced, read the first COLLINS, Mr. DEWINE, Mr. knowledged by the Government of the and second times by unanimous con- LEVIN, Ms. LANDRIEU, and Mr. United States in 1983 as ‘‘damages resulting sent, and referred as indicated: STEVENS): from the Nuclear Testing Program’’ is only a S. 3040. A bill to establish the Com- small portion of what such injuries and dam- By Mr. THOMPSON (for himself, Mr. KOHL, Mr. ABRAHAM, Mr. TORRICELLI, mission for the Comprehensive Study ages are now known to be. of Privacy Protection, and for other The 67 atomic and thermonuclear weapons Mr. VOINOVICH, Mrs. LINCOLN, Mr. detonated in the Marshall Islands allowed ROTH, Mr. GREGG, Mr. HUTCHINSON, purposes; to the Committee on Govern- the United States Government to achieve its Ms. COLLINS, Mr. DEWINE, Mr. LEVIN, mental Affairs. aim of world peace through a deterrence pol- Ms. LANDRIEU, and Mr. STEVENS): PRIVACY COMMISSION ACT icy. The Marshallese people subsidized this S. 3040. A bill to establish the Commission Mr. THOMPSON. Mr. President, I nuclear de´tente with their lands, health, for the Comprehensive Study of Privacy Pro- tection, and for other purposes; to the Com- rise today to introduce the ‘‘Privacy lives, and future. ‘‘As an ally and strategic Commission Act.’’ This legislation partner, the Republic of the Marshall Islands mittee on Governmental Affairs. has paid a uniquely high price to define its By Mrs. HUTCHISON: would establish a 17-member commis- national interest in a manner that also has S. 3041. An original bill making appropria- sion to examine the complex issue of been compatible with vital U.S. national in- tions for the government of the District of personal privacy and to make rec- terests’’ (H. Con. Res. 92—Sponsored by the Columbia and other activities chargeable in ommendations to Congress as we con- Honorable Benjamin Gilman and the Honor- whole or part against the revenues of said sider how to map out privacy protec- able Don Young). As a strategic partner and District for the fiscal year ending September tions for the future. The Commission friend of the United States, the RMI remains 30, 2001, and for other purposes; from the Committee on Appropriations; placed on the for the Comprehensive Study of Pri- hopeful that Congress will take action to ad- vacy Protection, whose members would dress the inadequacies of the 177 Agreement. calendar. The Government of the Republic of the Mar- By Mr. ASHCROFT: include experts with a diversity of ex- shall Islands looks forward to working close- S. 3042. A bill to protect citizens against periences, would look at the spectrum ly with the Congress of the United States to becoming victims of Internet fraud, to pro- of privacy, from protecting citizens’ respond to changed circumstances in the vide stiff penalties against those who target health and financial information to en- Marshall Islands. senior citizens, and to educate senior citi- suring their security on web sites. zens on how to avoid being victimized by As we all know, Americans are in- f Internet or telemarketing fraud; to the Com- creasingly concerned that their per- REPORTS OF COMMITTEES mittee on the Judiciary. By Mr. TORRICELLI: sonal information is not as secure as The following reports of committees S. 3043. A bill to close loopholes in the fire- they once believed. A recent NBC News/ were submitted on September 12, 2000: arms laws which allow the unregulated man- Wall Street Journal poll found that

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8502 CONGRESSIONAL RECORD — SENATE September 13, 2000 loss of privacy was the greatest con- cluding the monitoring, collection, dis- S. 3040 cern that Americans have as we enter tribution and use of personal informa- Be it enacted by the Senate and House of Rep- this new century. In these times of rap- tion by government and private enti- resentatives of the United States of America in idly changing technology, people are ties; current legislative and self-regu- Congress assembled, uncertain and fearful about who has latory efforts to respond to privacy SECTION 1. SHORT TITLE. access to their personal information This Act may be cited as the ‘‘Privacy problems; and the practices and poli- Commission Act’’. and how that information is being cies of employers with respect to the SEC. 2. FINDINGS. used. It seems that as fast as new com- personal financial and health informa- Congress finds the following: munications technologies appear, so do tion of their employees. In the course (1) Americans are increasingly concerned new capabilities for diverting informa- of its examination of these issues, the about their civil liberties and the security tion in unintended ways. Commission would also be required to and use of their personal information, in- The increasing popularity of the hold at least 3 field hearings around cluding medical records, educational records, Internet and e-mail as a primary the country and to set up a website to library records, magazine subscription means of communicating and dissemi- facilitate public participation and pub- records, records of purchases of goods and nating information is one of the major other payments, and driver’s license num- lic comment. By December 31, 2001, the bers. reasons for the rising concerns about Commission would submit a report to (2) The shift from an industry-focused personal privacy. Consumer informa- Congress on its findings, including any economy to an information-focused economy tion such as drivers’ license numbers, recommendations for legislation to re- calls for a reassessment of the most effective educational records and purchase form or augment current laws. way to balance personal privacy and infor- records has always been available in There is great deal of interest in leg- mation use, keeping in mind the potential some capacity. Before the advent of the for unintended effects on technology devel- islating on privacy. Everyone is trying opment, innovation, the marketplace, and Internet, however, the time and effort to establish the appropriate level of required to accumulate such informa- privacy needs. privacy protection that the American (3) This Act shall not be construed to pro- tion often was prohibitive. Now, the people want and need. But there are hibit the enactment of legislation on privacy use of information-gathering devices many different answers being proposed. issues by Congress during the existence of on the Internet makes building con- On the state level, approximately 7000 the Commission. It is the responsibility of sumer information databases relatively bills about privacy were introduced Congress to act to protect the privacy of in- cost-free, and using and sharing them just last year. Here in Congress, scores dividuals, including individuals’ medical and financial information. Various committees extremely profitable. of proposals have been introduced on a Some data privacy experts have of Congress are currently reviewing legisla- wide range of privacy issues, and we tion in the area of medical and financial pri- shown how combining information undoubtedly will consider many of from separate so-called ‘‘anonymous’’ vacy. Further study by the Commission es- these proposals in the next Congress. tablished by this Act should not be consid- public databases can not only identify The Privacy Commission Act will help ered a prerequisite for further consideration those people included in the database us to understand the complex issue of or enactment of financial or medical privacy but can reveal private information as privacy and to map responsible protec- legislation by Congress. well, including detailed medical and fi- tions, without delaying action where SEC. 3. ESTABLISHMENT. nancial records. The increased sharing consensus is reached. The final report There is established a commission to be known as the ‘‘Commission for the Com- of information between medical practi- of the Privacy Commission would be tioners, pharmaceutical companies, in- prehensive Study of Privacy Protection’’ (in available by the second session of the this Act referred to as the ‘‘Commission’’). surance entities and employers has new Congress. In the meanwhile, if con- made consumers more aware of the SEC. 4. DUTIES OF COMMISSION. sensus can be reached on any sub- (a) STUDY.—The Commission shall conduct lack of confidentiality in the physi- stantive privacy legislation, nothing in a study of issues relating to protection of in- cian-patient relationship. Break- the Privacy Commission Act would im- dividual privacy and the appropriate balance throughs in genetic testing have made pede movement on those bills. To the to be achieved between protecting individual the potential consequences of such contrary, the bill contains a provision privacy and allowing appropriate uses of in- formation, including the following: sharing even more serious. specifying that it is not intended to The first federal privacy commission, (1) The monitoring, collection, and dis- delay any other privacy legislation. which operated from 1975 to 1977, faced tribution of personal information by Federal, the same basic question that is being I would like to thank my colleagues State, and local governments. in the House, particularly Congressmen (2) Current efforts to address the moni- posed today: ‘‘What is the correct bal- toring, collection, and distribution of per- ance between protecting personal pri- ASA HUTCHINSON and JIM MORAN, who sponsored H.R. 4049. They and their sonal information by Federal and State gov- vacy and allowing appropriate uses of ernments, individuals, or entities, includ- information?’’ But in the past 25 years, staffs have worked diligently on the ing— there have been enormous leaps in Privacy Commission Act. They held (A) existing statutes and regulations relat- technology. Today, a few keystrokes three days of hearings on this legisla- ing to the protection of individual privacy, on a computer hooked up to the Inter- tion, and the House Government Re- such as section 552a of title 5, United States net can produce a quantity of informa- form Committee passed the Hutch- Code (commonly referred to as the Privacy Act of 1974) and section 552 of title 5, United tion that was unimaginable in 1975. inson-Moran bill by voice vote on June 29th. I also want to thank my cospon- States Code (commonly referred to as the This freedom of information can be Freedom of Information Act); sors, particularly Senators KOHL and beneficial, by helping people to get (B) legislation pending before the Con- loans quickly or by personalizing con- TORRICELLI, who have worked on a pri- gress; sumer services. But the same informa- vacy commission bill for some time, as (C) privacy protection efforts undertaken tion in the hands of bad actors can well as Senators ABRAHAM, LINCOLN, by the Federal Government, State govern- cause harm, resulting in nightmarish VOINOVICH, ROTH, GREGG, HUTCHINSON, ments, foreign governments, and inter- situations such as identity theft. It is COLLINS, DEWINE, LEVIN and LANDRIEU. national governing bodies; (D) privacy protection efforts undertaken crucial that we act soon to protect the It is my hope that we can all work together to pass the Privacy Commis- by the private sector; and American people from crimes like (E) self-regulatory efforts initiated by the these, without overregulating so much sion Act to help us make informed and private sector to respond to privacy issues. that we stunt the growth of our boom- thoughtful decisions to protect the pri- (3) The monitoring, collection, and dis- ing economy. vacy of the American people. I urge my tribution of personal information by individ- The Privacy Commission is the key colleagues to support this much-needed uals or entities, including access to and use to finding the balance between pro- legislation. I ask unanimous consent of medical records, financial records (includ- tecting the privacy of individuals and that the ‘‘Privacy Commission Act’’ be ing credit cards, automated teller machine permitting specific and appropriate printed in the RECORD following my re- cards, bank accounts, and Internet trans- marks. actions), personal information provided to uses of personal information for bene- on-line sites accessible through the Internet, ficial purposes. The Commission would There being no objection, the bill was Social Security numbers, insurance records, be directed to study a wide variety of ordered to be printed in the RECORD, as education records, and driver’s license num- issues relating to personal privacy, in- follows: bers.

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(4) Employer practices and policies with SEC. 5. MEMBERSHIP. (d) EXPERTS AND CONSULTANTS.—The Direc- respect to the financial and health informa- (a) NUMBER AND APPOINTMENT.—The Com- tor may procure temporary and intermittent tion of employees, including— mission shall be composed of 17 members ap- services under section 3109(b) of title 5, (A) whether employers use or disclose em- pointed as follows: United States Code. ployee financial or health information for (1) 4 members appointed by the President. (e) STAFF OF FEDERAL AGENCIES.— marketing, employment, or insurance under- (2) 4 members appointed by the majority (1) IN GENERAL.—Upon request of the Direc- writing purposes; leader of the Senate. tor, the head of any Federal department or (B) what restrictions employers place on (3) 2 members appointed by the minority agency may detail, on a reimbursable basis, disclosure or use of employee financial or leader of the Senate. any of the personnel of that department or health information; (4) 4 members appointed by the Speaker of agency to the Commission to assist it in car- (C) employee rights to access, copy, and the House of Representatives. rying out this Act. amend their own health records and finan- (5) 2 members appointed by the minority (2) NOTIFICATION.—Before making a request cial information; leader of the House of Representatives. under this subsection, the Director shall give (D) what type of notice employers provide (6) 1 member, who shall serve as Chair- notice of the request to each member of the to employees regarding employer practices person of the Commission, appointed jointly Commission. with respect to employee financial and by the President, the majority leader of the SEC. 7. POWERS OF COMMISSION. health information; and Senate, and the Speaker of the House of Rep- (a) HEARINGS AND SESSIONS.—The Commis- (E) practices of employer medical depart- resentatives. sion may, for the purpose of carrying out ments with respect to disclosing employee (b) DIVERSITY OF VIEWS.—The appointing this Act, hold hearings, sit and act at times health information to administrative or authorities under subsection (a) shall seek to and places, take testimony, and receive evi- other personnel of the employer. ensure that the membership of the Commis- dence as the Commission considers appro- (5) The extent to which individuals in the sion has a diversity of views and experiences priate. The Commission may administer United States can obtain redress for privacy on the issues to be studied by the Commis- oaths or affirmations to witnesses appearing violations. sion, such as views and experiences of Fed- before it. (6) The extent to which older individuals eral, State, and local governments, the (b) POWERS OF MEMBERS AND AGENTS.—Any and disabled individuals are subject to ex- media, the academic community, consumer member or agent of the Commission may, if groups, public policy groups and other advo- ploitation involving the disclosure or use of authorized by the Commission, take any ac- cacy organizations, business and industry their financial information. tion which the Commission is authorized to (including small business), the medical com- take by this section. (b) FIELD HEARINGS.—The Commission munity, the health care industry, civil lib- (c) OBTAINING OFFICIAL INFORMATION.— shall conduct at least 3 field hearings in dif- erties experts, and the financial services in- (1) IN GENERAL.—Except as provided in ferent geographical regions of the United dustry. paragraph (2), if the Chairperson of the Com- States. (c) DATE OF APPOINTMENT.—The appoint- mission submits a request to a Federal de- ment of the members of the Commission (c) REPORT.— partment or agency for information nec- shall be made not later than 30 days after (1) IN GENERAL.—Not later than December essary to enable the Commission to carry the date of the enactment of this Act. 31, 2001— out this Act, the head of that department or (d) TERMS.—Each member of the Commis- (A) a majority of the members of the Com- sion shall be appointed for the life of the agency shall furnish that information to the mission shall approve a report; and Commission. Commission. (B) the Commission shall submit the ap- (e) VACANCIES.—A vacancy in the Commis- (2) EXCEPTION FOR NATIONAL SECURITY.—If proved report to the Congress and the Presi- sion shall be filled in the same manner in the head of that department or agency deter- dent. which the original appointment was made. mines that it is necessary to guard that in- (2) CONTENTS.—The report shall include a (f) COMPENSATION; TRAVEL EXPENSES.— formation from disclosure to protect the na- detailed statement of findings, conclusions, Members of the Commission shall serve tional security interests of the United and recommendations, including the fol- without pay, but shall receive travel ex- States, the head shall not furnish that infor- lowing: penses, including per diem in lieu of subsist- mation to the Commission. (A) Findings on potential threats posed to ence, in accordance with sections 5702 and (d) WEBSITE.—The Commission shall estab- individual privacy. 5703 of title 5, United States Code. lish a website to facilitate public participa- (B) Analysis of purposes for which sharing (g) QUORUM.—A majority of the members of tion and the submission of public comments. of information is appropriate and beneficial the Commission shall constitute a quorum, (e) MAILS.—The Commission may use the to consumers. but a lesser number may hold hearings. United States mails in the same manner and (C) Analysis of the effectiveness of existing (h) MEETINGS.— under the same conditions as other depart- statutes, regulations, private sector self-reg- (1) IN GENERAL.—The Commission shall ments and agencies of the United States. ulatory efforts, technology advances, and meet at the call of the Chairperson or a ma- (f) ADMINISTRATIVE SUPPORT SERVICES.— market forces in protecting individual pri- jority of its members. Upon the request of the Director, the Admin- vacy. (2) INITIAL MEETING.—Not later than 45 istrator of General Services shall provide to (D) Recommendations on whether addi- days after the date of the enactment of this the Commission, on a reimbursable basis, the tional legislation is necessary, and if so, spe- Act, the Commission shall hold its initial administrative support services necessary cific suggestions on proposals to reform or meeting. for the Commission to carry out this Act. augment current laws and regulations relat- SEC. 6. DIRECTOR; STAFF; EXPERTS AND CON- (g) GIFTS AND DONATIONS.—The Commis- ing to individual privacy. SULTANTS. sion may accept, use, and dispose of gifts or (E) Analysis of purposes for which addi- (a) DIRECTOR.— donations of services or property to carry tional regulations may impose undue costs (1) IN GENERAL.—Not later than 40 days out this Act, but only to the extent or in the or burdens, or cause unintended con- after the date of enactment of this Act, the amounts provided in advance in appropria- sequences in other policy areas, such as secu- Chairperson of the Commission shall appoint tion Acts. rity, law enforcement, medical research, em- a Director without regard to the provisions (h) CONTRACTS.—The Commission may con- ployee benefits, or critical infrastructure of title 5, United States Code, governing ap- tract with and compensate persons and gov- protection. pointments to the competitive service. ernment agencies for supplies and services, (F) Cost analysis of legislative or regu- (2) PAY.—The Director shall be paid at the without regard to section 3709 of the Revised latory changes proposed in the report. rate payable for level III of the Executive Statutes (41 U.S.C. 5). (G) Recommendations on non-legislative Schedule established under section 5314 of (i) SUBPOENA POWER.— solutions to individual privacy concerns, in- such title. (1) IN GENERAL.—The Commission may cluding education, market-based measures, (b) STAFF.—The Director may appoint staff issue subpoenas requiring the attendance industry best practices, and new technology. as the Director determines appropriate. and testimony of witnesses and the produc- (H) Review of the effectiveness and utility (c) APPLICABILITY OF CERTAIN CIVIL SERV- tion of any evidence relating to any matter of third-party verification, including specifi- ICE LAWS.— that the Commission is empowered to inves- cally with respect to existing private sector (1) IN GENERAL.—The staff of the Commis- tigate by section 4. The attendance of wit- self-regulatory efforts. sion shall be appointed without regard to the nesses and the production of evidence may be provisions of title 5, United States Code, gov- required by such subpoena from any place (d) ADDITIONAL REPORT.—Together with erning appointments in the competitive within the United States and at any speci- the report under subsection (c), the Commis- service. fied place of hearing within the United sion shall submit to the Congress and the (2) PAY.—The staff of the Commission shall States. President any additional report of dissenting be paid in accordance with the provisions of (2) FAILURE TO OBEY A SUBPOENA.—If a per- opinions or minority views by a member of chapter 51 and subchapter III of chapter 53 of son refuses to obey a subpoena issued under the Commission. that title relating to classification and Gen- paragraph (1), the Commission may apply to (e) INTERIM REPORT.—The Commission may eral Schedule pay rates, but at rates not in a United States district court for an order submit to the Congress and the President an excess of the maximum rate for grade GS–15 requiring that person to appear before the interim report approved by a majority of the of the General Schedule under section 5332 of Commission to give testimony, produce evi- members of the Commission. that title. dence, or both, relating to the matter under

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8504 CONGRESSIONAL RECORD — SENATE September 13, 2000 investigation. The application may be made tion Study Commission Act of 1999,’’ those who target senior citizens, and to within the judicial district where the hear- the first major piece of privacy legisla- educate senior citizens on how to avoid ing is conducted or where that person is tion introduced in the 106th Congress. being victimized by Internet or tele- found, resides, or transacts business. Any Our hope then, as now, was to gain a marketing fraud; to the Committee on failure to obey the order of the court may be punished by the court as civil contempt. better informed understanding of the the Judiciary. (3) SERVICE OF SUBPOENAS.—The subpoenas numerous privacy issues facing a high AN ACT TO PREVENT INTERNET FRAUD AND of the Commission shall be served in the tech culture. Now, almost a year later, FRAUD AGAINST THE ELDERLY manner provided for subpoenas issued by a the privacy issue has grown in impor- Mr. ASHCROFT. Mr. President, E- United States district court under the Fed- tance and public concern. As a result, I commerce is growing at an unprece- eral Rules of Civil Procedure for the United am pleased to renew my effort in this dented rate—$8 billion last year. With States district courts. area with another privacy commission this increase in online purchases, we (4) SERVICE OF PROCESS.—All process of any proposal. have made more products and services court to which application is made under available to Americans—regardless of paragraph (2) may be served in the judicial There exists a massive wealth of in- district in which the person required to be formation in today’s world, which is in- where they live. We are working to served resides or may be found. creasingly stored electronically. In bridge the digital divide so all Ameri- SEC. 8. PRIVACY PROTECTIONS. fact, experts estimate that the average cans, even low income and rural Ameri- (a) DESTRUCTION OR RETURN OF INFORMA- American is ‘‘profiled’’ in up to 150 cans can benefit from the opportunities TION REQUIRED.—Upon the conclusion of the commercial electronic databases. That the Internet provides. However, one matter or need for which individually identi- means that there is a great deal of thing we don’t want to make ubiq- fiable information was disclosed to the Com- data—in some cases, very detailed and uitous is Internet fraud. Along with mission, the Commission shall either destroy personal—out there and easily acces- convenience, easy price comparisons, the individually identifiable information or and limitless selection—this new me- return it to the person or entity from which sible courtesy of the Internet revolu- it was obtained, unless the individual that is tion. With the click of a button it is dium also has provided a new oppor- the subject of the individually identifiable possible to examine all sorts of per- tunity to those who make their living information has authorized its disclosure. sonal information, be it an address, a defrauding the public. Fraud over the (b) DISCLOSURE OF INFORMATION PROHIB- criminal record, a credit history, a Internet, just as fraud over telephone ITED.—The Commission— shopping preference, or even a medical lines and mail, is an increasing prob- (1) shall protect individually identifiable file. lem. information from improper use; and Generally, the uses of this data are In 1998, Congress passed the Tele- (2) may not disclose such information to marketing Fraud Prevention Act. I, any person, including the Congress or the benign, even beneficial. Occasionally, President, unless the individual that is the however, personal information is ob- like the rest of my colleagues recog- subject of the information has authorized tained surreptitiously, and even ped- nized this problem and supported that such a disclosure. dled to third parties for profit or other effort. That law builds upon other fed- (c) PROPRIETARY BUSINESS INFORMATION uses. This is especially troubling when, eral laws that deal directly with tele- AND FINANCIAL INFORMATION.—The Commis- in many cases, people do not even marketing fraud. The 1998 law stiffened sion shall protect from improper use, and know that their own personal informa- penalties for telemarketing fraud by may not disclose to any person, proprietary tion is being ‘‘shopped.’’ toughening the sentencing guidelines— business information and proprietary finan- especially for crimes against the elder- cial information that may be viewed or ob- Two schools of thought exist on how tained by the Commission in the course of we should address these privacy con- ly. It requires criminal forfeiture to carrying out its duties under this Act. cerns. There are some who insist that ensure the fruits of telemarketing (d) INDIVIDUALLY IDENTIFIABLE INFORMA- we must do something and do it quick- crime are not used to commit further TION DEFINED.—For the purposes of this Act, ly. Others urge us to rely entirely on fraud, mandates victim restitution to the term ‘‘individually identifiable informa- ‘‘self-regulation’’—according to them ensure victims are the first ones com- tion’’ means any information, whether oral most companies will act reasonably pensated, adds conspiracy language to or recorded in any form or medium, that the list of telemarketing fraud pen- identifies an individual, or with respect to and, if not, consumers will demand pri- which there is a reasonable basis to believe vacy protection as a condition for their alties, and helps law enforcement zero that the information can be used to identify continued business. in on quick-strike fraud operations by an individual. Both approaches have some merit, giving them the authority to move SEC. 9. BUDGET ACT COMPLIANCE. but also some problems. It is never more quickly against suspected fraud. Any new contract authority authorized by beneficial to legislate by anecdote or While I supported that law, I believe this Act shall be effective only to the extent on the basis of a few bad actors. In we need to do more. According to the or in the amounts provided in advance in ap- deed, enacting ‘‘knee-jerk,’’ ‘‘quick- National Consumers League, con- propriation Acts. fix’’ legislation could do more harm sumers lost over $3.2 million to Inter- SEC. 10. TERMINATION. than good. By the same token, how- net fraud last year. This is a 38 percent The Commission shall terminate 30 days increase from 1998. The actual figure after submitting a report under section 4(c). ever, the longer Congress waits to enact legislation, the more frequent probably is much higher, since this SEC. 11. AUTHORIZATION OF APPROPRIATIONS. number reflects only those who re- (a) IN GENERAL.—There are authorized to the anecdotes until they reach a point be appropriated to the Commission $5,000,000 of critical mass. We are quickly reach- ported incidents to the National Con- to carry out this Act. ing the point when Congress must act sumer League’s Fraud Watch. While it (b) AVAILABILITY.—Any sums appropriated with or without the benefits of a study. is true consumer protection laws under pursuant to the authorization in subsection A privacy commission still has merit. the jurisdiction of the Federal Trade (a) shall remain available until expended. The streamlined time frame—it could Commission have been interpreted to Mr. KOHL. Mr. President, I rise still be a bit shorter—helps ensure that cover Internet fraud—those laws are today to introduce the ‘‘Privacy Com- the Commission will not interrupt inadequate. Therefore, today, I am in- mission Act’’ with my colleagues Sen- other legislative privacy efforts, and troducing a bill, An Act to Prevent ator THOMPSON and Senator the breadth of experts that it relies Internet Fraud and Fraud Against the TORRICELLI. This legislation addresses upon suggests that the commission’s Elderly, to ensure that Internet fraud privacy protection by creating an ex- report will still be timely and worth- also is covered by federal criminal pert Commission charged with the duty while. laws. It is important to me that the to explore privacy concerns. We cannot I commend Senator THOMPSON for his stiffer penalties contained in the Tele- underestimate the importance of this efforts and hope our proposal becomes marketing Fraud Prevention Act for issue. Privacy matters, and it will con- law and Commission members are ap- those targeting the elderly also cover tinue to matter more and more in this pointed before the end of this year. fraud perpetrated over the Internet. information age of high speed data, Through work I have done over the Internet transactions, and lightning- Mr. ASHCROFT: last year, I have seen first hand the quick technological advances. S. 3042. A bill to protect citizens tragic results of schemes targeting our Last November, Senator TORRICELLI against becoming victims of Internet elderly. I held a hearing in the Com- and I introduced the ‘‘Privacy Protec- fraud, to provide stiff penalties against merce Committee’s Subcommittee on

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PERSONS OTHER THAN LICENSED light of their lives may lose their life In light of these staggering figures it MANUFACTURERS. savings, their independence and their seems obvious that we must do more, Section 922 of title 18, United States Code, dignity. I held events in Missouri, with including regulating guns like any is amended by adding at the end the fol- the regional director of the Federal other consumer product. But while we lowing: Trade Commission, educating those look forward, we must also be mindful ‘‘(z) It shall be unlawful for any person most venerable to these schemes on of attempts by some to subvert the other than a licensed manufacturer to manu- facture or assemble a firearm.’’. how to avoid becoming a victim. Ac- progress we have made. Gun dealers are exploiting a loophole SEC. 4. INCREASE IN FEE FOR LICENSE TO MANU- cording the National Consumers FACTURE FIREARMS. League, seniors are the target for more in current law that allows them to sell, Section 923(a)(1)(B) of title 18, United than 20 percent of Internet fraud. Al- through the US mail, gun kits con- States Code, is amended by striking ‘‘$50’’ though this is lower than the 56 per- taining virtually every single item and inserting ‘‘$500’’. cent of seniors targeted by unscrupu- needed to build an automatic weapon. SEC. 5. PROHIBITION AGAINST POSSESSION OR lous telemarketers, the number will When we enacted a ban on these deadly TRANSFER OF CERTAIN COMBINA- only increase as more and more of our automatic weapons, we exempted auto- TIONS OF MACHINEGUN REPLACE- matic weapons legally owned prior to MENT PARTS. seniors begin to use the Internet. Section 5845(b) of the Internal Revenue I strongly believe that education is the ban. We also allowed replacement Code of 1986 (National Firearms Act) is crucial. That is why this bill also con- parts to be legally sold so that these amended in the 2nd sentence by striking ‘‘de- taining provisions giving the FTC the grand-fathered weapons could be re- signed and intended solely and exclusively, charge of educating our elderly. They paired by their owners, and we allowed or combination of parts designed and in- currently have the largest network of these parts to be shipped through the tended,’’ and inserting ‘‘or combination of information on fraud schemes. Through nail. parts designed and intended’’. their Sentinel website, they have con- These provisions, however, have been SEC. 6. EFFECTIVE DATE. nected law enforcement agencies all exploited and replacement part kits The amendments made by this Act shall over the world—giving them the ability that can convert a legally owned fire- apply to conduct engaged in after the 60-day arm into an illegal automatic weapon period that begins with the date of the en- to act quickly. In addition, they cur- actment of this Act. rently have the network in place de- are readily available and heavily ad- signed to educate consumers on all vertised in numerous publications. f areas of consumer protection law. Some of these kits even go so far as to ADDITIONAL COSPONSORS The bill I am introducing today will provide a template that shows how to expand current law to include the same make this conversion. This is a fla- S. 317 crimes committed over the Internet. grant effort to evade the laws of the At the request of Mr. DORGAN, the As now, fraud cases would be divided United States. This activity must be name of the Senator from Georgia (Mr. between the Federal Trade Commission stopped in order to maintain the integ- MILLER) was added as a cosponsor of S. (FTC) and the Department of Justice. rity of our ban on assault weapons and 317, a bill to amend the Internal Rev- Mr. President. We cannot allow the protect our communities from gun vio- enue Code of 1986 to provide an exclu- criminals to stay ahead of the law. lence. Legislation is needed that pro- sion for gain from the sale of farmland Internet crimes are being quickly de- vides simple, common-sense measures which is similar to the exclusion from veloped and identified. We must make to remedy the glaring loopholes in cur- gain on the sale of a principal resi- sure they are just as quickly stopped. rent law. dence. We must provide the legal framework To that end, I am introducing the S. 459 to insist that these criminals do not Gun Parts Trafficking Act of 2000, leg- At the request of Mr. BREAUX, the slip through the system due to a loop- islation designed to close the loopholes name of the Senator from Rhode Island hole. in existing law and end the sale of kits (Mr. L. CHAFEE) was added as a cospon- designed to convert legally owned fire- sor of S. 459, a bill to amend the Inter- By Mr. TORRICELLI: arms into illegal automatic weapons. nal Revenue Code of 1986 to increase S. 3043. A bill to close loopholes in The bill will expand the definition of the State ceiling on private activity the firearms laws which allow the un- ‘‘firearm’’ to include the main compo- bonds. regulated manufacture, assembly, ship- nents of the weapon and will prohibit S. 512 ment, or transportation of firearms or the manufacture or assembly of guns At the request of Mr. GORTON, the firearm parts, and for other purposes; by an individual who does not have a to the Committee on the Judiciary. name of the Senator from West Vir- license to do so. ginia (Mr. ROCKEFELLER) was added as GUN PARTS TRAFFICKING ACT OF 2000 I urge my colleagues to join me in a cosponsor of S. 512, a bill to amend Mr. TORRICELLI. Mr. President, I support of the Gun Parts Trafficking the Public Health Service Act to pro- rise today to introduce the Gun Parts Act and ask unanimous consent that vide for the expansion, intensification, Trafficking Act of 2000. the full text of the legislation be print- and coordination of the activities of For years, I have fought along with ed in the RECORD following my state- the Department of Health and Human many of my colleagues against the gun ment. Services with respect to research on violence that has plagued America. We There being no objection, the bill was autism. have sought to keep firearms from the ordered to be printed in the RECORD, as S. 1020 hands of children and those who would follows: At the request of Mr. GRASSLEY, the use them to do harm. After long de- S. 3043 names of the Senator from Nebraska bate, we succeeded in enacting a ban on Be it enacted by the Senate and House of Rep- assault weapons as well as the Brady resentatives of the United States of America in (Mr. HAGEL) and the Senator from bill requiring a criminal background Congress assembled, Oklahoma (Mr. INHOFE) were added as check at the time of a firearms pur- SECTION 1. SHORT TITLE. cosponsors of S. 1020, a bill to amend chase—positive steps in the effort to This Act may be cited as the ‘‘Gun Parts chapter 1 of title 9, United States Code, protect our communities from gun vio- Trafficking Act of 2000’’. to provide for greater fairness in the lence. SEC. 2. PROHIBITION AGAINST SHIPMENT OR arbitration process relating to motor Gun violence, however, continues to TRANSPORTATION OF FIREARM vehicle franchise contracts. PARTS, WITH CERTAIN EXCEPTIONS. S. 1536 have a devastating impact on our na- Section 921(a)(3) of title 18, United States tion. The statistics have been well doc- Code, is amended by striking ‘‘or (D) any de- At the request of Mr. DEWINE, the umented, but bear repeating. In 1997 structive device.’’ and inserting ‘‘(D) any de- names of the Senator from Iowa (Mr. alone, more than 32,000 Americans were structive device; or (E) any parts or com- HARKIN), the Senator from Maine (Ms.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8506 CONGRESSIONAL RECORD — SENATE September 13, 2000 COLLINS), the Senator from Rhode Is- S. 2725 (Mr. ROBB), the Senator from Kentucky land (Mr. REED), the Senator from Iowa At the request of Mr. SMITH of New (Mr. BUNNING), and the Senator from (Mr. GRASSLEY), the Senator from Hampshire, the name of the Senator Idaho (Mr. CRAPO) were added as co- Washington (Mrs. MURRAY), and the from Rhode Island (Mr. L. CHAFEE) was sponsors of S. 3020, a bill to require the Senator from Minnesota (Mr. added as a cosponsor of S. 2725, a bill to Federal Communications Commission WELLSTONE) were added as cosponsors provide for a system of sanctuaries for to revise its regulations authorizing of S. 1536, a bill to amend the Older chimpanzees that have been designated the operation of new, low-power FM Americans Act of 1965 to extend au- as being no longer needed in research radio stations. thorizations of appropriations for pro- conducted or supported by the Public S. 3021 Health Service, and for other purposes. grams under the Act, to modernize pro- At the request of Mrs. HUTCHISON, the grams and services for older individ- S. 2758 name of the Senator from Texas (Mr. uals, and for other purposes. At the request of Mr. GRAHAM, the GRAMM) was added as a cosponsor of S. S. 1729 name of the Senator from Vermont 3021, a bill to provide that a certifi- (Mr. JEFFORDS) was added as a cospon- At the request of Mr. CAMPBELL, the cation of the cooperation of Mexico name of the Senator from Montana sor of S. 2758, a bill to amend title with United States counterdrug efforts XVIII of the Social Security Act to (Mr. BAUCUS) was added as a cosponsor not be required in fiscal year 2001 for provide coverage of outpatient pre- of S. 1729, a bill to amend the National the limitation on assistance for Mexico scription drugs under the medicare pro- Trails System Act to clarify Federal under section 490 of the Foreign Assist- gram. authority relating to land acquisition ance Act of 1961 not to go into effect in from willing sellers for the majority of S. 2835 that fiscal year. At the request of Mr. GRASSLEY, the the trails, and for other purposes. S. 3035 name of the Senator from New Mexico S. 2044 At the request of Mr. BAUCUS, the (Mr. BINGAMAN) was added as a cospon- At the request of Mr. CAMPBELL, the sor of S. 2835, a bill to provide an ap- name of the Senator from Nebraska name of the Senator from South Da- propriate transition from the interim (Mr. KERREY) was added as a cosponsor kota (Mr. JOHNSON) was added as a co- payment system for home health serv- of S. 3035, a bill to amend title XI of sponsor of S. 2044, a bill to allow postal ices to the prospective payment system the Social Security Act to create an patrons to contribute to funding for do- for such services under the medicare independent and nonpartisan commis- mestic violence programs through the program. sion to assess the health care needs of the uninsured and to monitor the fi- voluntary purchase of specially issued S. 2874 nancial stability of the Nation’s health postage stamps. At the request of Mr. MOYNIHAN, the S. 2341 name of the Senator from Utah (Mr. care safety net. At the request of Mr. GREGG, the HATCH) was added as a cosponsor of S. S. RES. 304 name of the Senator from Pennsyl- 2874, a bill to amend the Internal Rev- At the request of Mr. BIDEN, the vania (Mr. SANTORUM) was added as a enue Code of 1986 to repeal the provi- names of the Senator from Vermont cosponsor of S. 2341, a bill to authorize sion taxing policyholder dividends of (Mr. LEAHY) and the Senator from West appropriations for part B of the Indi- mutual life insurance companies and to Virginia (Mr. ROCKEFELLER) were added viduals with Disabilities Education Act repeal the policyholders surplus ac- as cosponsors of S. Res. 304, a resolu- to achieve full funding for part B of count provisions. tion expressing the sense of the Senate that Act by 2010. S. 2894 regarding the development of edu- S. 2413 At the request of Mr. LUGAR, the cational programs on veterans’ con- tributions to the country and the des- At the request of Mr. GRAMS, his name of the Senator from Illinois (Mr. name was added as a cosponsor of S. FITZGERALD) was added as a cosponsor ignation of the week that includes Vet- 2413, a bill to amend the Omnibus of S. 2894, a bill to provide tax and reg- erans Day as ‘‘National Veterans Crime Control and Safe Streets Act of ulatory relief for farmers and to im- Awareness Week’’ for the presentation 1968 to clarify the procedures and con- prove the competitiveness of American of such educational programs. ditions for the award of matching agricultural commodities and products S. RES. 355 grants for the purchase of armor vests. in global markets. At the request of Mr. LEAHY, the S. 2936 names of the Senator from Wisconsin S. 2528 At the request of Mr. ROBB, the (Mr. FEINGOLD), the Senator from Indi- At the request of Ms. COLLINS, the names of the Senator from North Da- ana (Mr. BAYH), the Senator from Min- name of the Senator from Illinois (Mr. kota (Mr. CONRAD) and the Senator nesota (Mr. WELLSTONE), the Senator DURBIN) was added as a cosponsor of S. from Nevada (Mr. BRYAN) were added from Massachusetts (Mr. KERRY), and 2528, a bill to provide funds for the pur- as cosponsors of S. 2936, a bill to pro- the Senator from New York (Mr. MOY- chase of automatic external vide incentives for new markets and NIHAN) were added as cosponsors of S. defibrillators and the training of indi- community development, and for other Res. 355, a resolution commending and viduals in advanced cardiac life sup- purposes. congratulating Middlebury College. port. S. 3007 f S. 2644 At the request of Mrs. FEINSTEIN, the SENATE CONCURRENT RESOLU- At the request of Mr. GORTON, the names of the Senator from Maryland TION 135—RECOGNIZING THE 25TH name of the Senator from Pennsyl- (Ms. MIKULSKI) and the Senator from ANNIVERSARY OF THE ENACT- vania (Mr. SPECTER) was added as a co- Hawaii (Mr. INOUYE) were added as co- sponsor of S. 2644, a bill to amend title sponsors of S. 3007, a bill to provide for MENT OF THE EDUCATION FOR XVIII of the Social Security Act to ex- measures in response to a unilateral ALL HANDICAPPED CHILDREN pand medicare coverage of certain self- declaration of the existence of a Pales- ACT OF 1975 injected biologicals. tinian state. Mr. JEFFORDS (for himself, Mr. S. 2700 S. 3016 KENNEDY, Mr. GREGG, Mr. DODD, Mr. At the request of Mr. L. CHAFEE, the At the request of Mr. ROTH, the name DEWINE, Mr. HARKIN, Mr. ENZI, Ms. MI- name of the Senator from Pennsyl- of the Senator from Florida (Mr. MACK) KULSKI, Ms. COLLINS, Mr. BINGAMAN, vania (Mr. SPECTER) was added as a co- was added as a cosponsor of S. 3016, to Mr. HAGEL, Mr. WELLSTONE, Mrs. MUR- sponsor of S. 2700, a bill to amend the amend the Social Security Act to es- RAY, Mr. REED, Mr. FRIST, and Mr. Comprehensive Environmental Re- tablish an outpatient prescription drug HUTCHINSON) submitted the following sponse, Compensation, and Liability assistance program for low-income concurrent resolution; which was re- Act of 1980 to promote the cleanup and medicare beneficiaries and medicare ferred to the Committee on Health, reuse of brownfields, to provide finan- beneficiaries with high drug costs. Education, Labor, and Pensions: cial assistance for brownfields revital- S. 3020 S. CON. RES. 135 ization, to enhance State response pro- At the request of Mr. GRAMS, the Whereas the Education for All Handi- grams, and for other purposes. names of the Senator from Virginia capped Children Act of 1975 (Public Law 94–

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8507 142) was signed into law 25 years ago on No- Whereas IDEA has supported, through its IDEA currently serves an estimated vember 29, 1975, and amended the State grant discretionary programs, more than two dec- two hundred thousand infants and tod- program under part B of the Education of ades of research, demonstration, and train- dlers; six hundred thousand pre- the Handicapped Act; ing in effective practices for educating chil- schoolers; and almost 5.5 million chil- Whereas the Education for All Handi- dren with disabilities, enabling teachers, re- capped Children Act of 1975 established the lated services personnel, and administrators dren aged 6 to 21. The drop-out rate for Federal policy of ensuring that all children, effectively to meet the instructional needs of this population has decreased, while regardless of the nature or severity of their children with disabilities of all ages; the graduation rate has increased sub- disability, have available to them a free ap- Whereas Federal and State governments stantially. The number of young adults propriate public education in the least re- can support effective practices in the class- with disabilities enrolling in college strictive environment; room to ensure appropriate and effective has more than tripled. The number of Whereas the Education of the Handicapped services for children with disabilities; and children with developmental disabil- Act was further amended by the Education Whereas IDEA has succeeded in marshal- of the Handicapped Act Amendments of 1986 ities who live in state institutions, ling the resources of this Nation to imple- away from their families, has also been (Public Law 99–457) to create a preschool ment the promise of full participation in so- grant program for children with disabilities 3 ciety of children with disabilities: Now, dramatically reduced. to 5 years of age and an early intervention therefore, be it Each one of these numbers represents program for infants and toddlers with dis- Resolved by the Senate (the House of Rep- a child whose life has been improved abilities from birth through age 2; resentatives concurring), That the Congress— because we recognized the value of edu- Whereas the Education of the Handicapped (1) recognizes the 25th anniversary of the cating all our children. The contribu- Act Amendments of 1990 (Public Law 101–476) enactment of the Education for All Handi- tion we made through legislation is an renamed the statute as the Individuals with capped Children Act of 1975 (Public Law 94– Disabilities Education Act (IDEA); important one, but the real credit be- 142); longs to the people on the front lines Whereas IDEA currently serves an esti- (2) acknowledges the many and varied con- mated 200,000 infants and toddlers, 600,000 tributions of children with disabilities, their who have seen to it that our goals have preschoolers, and 5,400,000 children 6 to 21 parents, teachers, related services personnel, become realities. Teachers, related years of age; and administrators; and services personnel, administrators, pro- Whereas IDEA has assisted in a dramatic (3) reaffirms its support for the Individuals fessional and advocacy organizations, reduction in the number of children with de- with Disabilities Education Act so that all parents of children with disabilities, velopmental disabilities who must live in children with disabilities have access to a and the children themselves work each State institutions away from their families; free appropriate public education. Whereas the number of children with dis- day to assure the promise of IDEA abilities who complete high school has grown Mr. JEFFORDS. Mr. President, I rise burns brightly. significantly since the enactment of IDEA; to introduce a resolution commemo- Today we celebrate the progress that Whereas the number of children with dis- rating the 25th anniversary of the sign- we have made in special education abilities who enroll in college as freshmen ing of the Education for All Handi- since 1975. It is also an appropriate has more than tripled since the enactment of capped Children Act—known today as time to consider the challenges and op- IDEA; the Individuals with Disabilities Edu- portunities which lie ahead. I cannot Whereas IDEA has raised the Nation’s ex- cation Act, or IDEA. I am joined in talk about IDEA without mentioning pectations about the abilities of children this effort by many of my colleagues in with disabilities by requiring access to the yet again our unfulfilled promise. In general education curriculum; the Senate and by Chairman GOODLING 1975, Congress promised our 16,000 Whereas improvements to IDEA made in and others in the House, who are pro- school districts that we would provide 1997 changed the focus of a child’s individual- posing a companion resolution today. special education funding at 40% of the ized education program from procedural re- On November 29, 1975, President Ger- national average per pupil expenditure. quirements placed upon teachers and related ald Ford signed landmark legislation As we all know, IDEA has never been services personnel to educational results for which became Public Law 94–142. With funded at that level. We have improved that child, thus improving academic achieve- the stroke of his pen, he opened the ment; our record in recent years, with large doors of our public schools to millions increases in appropriations. Even with Whereas changes made in 1997 also ad- of children with disabilities. Public this infusion of funds, the federal gov- dressed the need to implement behavioral as- Law 94–142 serves as the foundation of sessments and intervention strategies for ernment provides less than 13% of the our national commitment to assuring children whose behavior impedes learning to cost of special education services. We that children with disabilities have the ensure that they receive appropriate sup- need to do more, and now is the time to same opportunity as all other Amer- ports in order to receive a quality education; do it. Whereas IDEA ensures full partnership be- ican children to develop their talents, The knowledge base we have devel- tween parents of children with disabilities share their gifts, and contribute to oped over the past 25 years, coupled and education professionals in the design and their communities. Over the years, we with continued advances in technology, implementation of the educational services have built upon this foundation by ex- provided to children with disabilities; panding its reach to pre-school chil- hold the promise for astonishing Whereas IDEA has supported the class- dren through early intervention pro- progress in the future for students with rooms of this Nation by providing Federal disabilities. These students can now resources to the States and local schools to grams. This anniversary holds a special communicate, explore the world help meet their obligation to educate all through the internet, and be mobile in children with disabilities; meaning for me. I am one of the few Whereas, while the Federal Government members now in this body who were ways we could not have imagined in has not yet met its commitment to fund part present at the time the Education for 1975. If we are willing to commit the B of IDEA at 40 percent of the average per All Handicapped Children Act was ap- necessary resources, there is virtually pupil expenditure, it has made significant in- proved. It was one of the first pieces of no limit to the advances we could see creases in part B funding by increasing the legislation I worked on as a freshman over the next 25 years. I urge all my appropriation by 115 percent since 1995, member of the House of Representa- colleagues to join in supporting this which is an increase of over $2,600,000,000; tives. At that time, despite a clear resolution and in reaffirming the val- Whereas the 1997 amendments to IDEA in- Constitutional obligation to educate ues and principles underlying IDEA. creased the amount of Federal funds that Ms. COLLINS. Mr. President, I am have a direct impact on students through all children, regardless of disability, improvements such as capping allowable thousands of disabled students were de- pleased to be a cosponsor of the Resolu- State administrative expenses, which en- nied access to a public education. tion Commemorating the 25th Anniver- sures that nearly 99 percent of funding in- I was an original sponsor of Public sary of the Individuals with Disabil- creases directly reach local schools, and re- Law 94–142 and had the opportunity to ities Education Act. This law has had a quiring mediation upon request by parents in serve on the House-Senate conference very positive impact on the lives of order to reduce costly litigation; committee which developed the final millions of disabled Americans. In fact, Whereas such amendments also ensured bill. Since then, I have actively sup- since its enactment, the number of that students whose schools cannot serve children with disabilities who complete them appropriately and students who choose ported the improvements made to the to attend private, parochial, and charter legislation over the past quarter cen- high school has grown significantly, schools have greater access to free appro- tury. I take great satisfaction in the and the number who enroll in college priate services outside of traditional public extraordinary record of success this has more than tripled. Academic schools; Act has built. achievement is increasing, along with

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8508 CONGRESSIONAL RECORD — SENATE September 13, 2000 the nation’s expectations about the Whereas, when it appears that documents, AMENDMENTS SUBMITTED abilities of children with disabilities. papers, and records under the control or in Our commitment to a quality edu- the possession of the Senate may promote cation for everybody now extends to the administration of justice, the Senate will U.S.-CHINA RELATIONS ACT OF 2000 America’s six million students with take such action as will promote the ends of disabilities. justice consistently with the privileges of We know that special education is the Senate; Now, therefore, be it FEINGOLD AMENDMENT NO. 4138 not a ‘‘place’’ or a ‘‘label,’’ but a set of Resolved, That the Chairman and Vice Mr. FEINGOLD proposed an amend- services that allow children to succeed Chairman of the Senate Select Committee ment to the bill, H.R. 4444, to authorize in school, go on to lead productive on Intelligence, acting jointly, are author- extension of non-discriminatory treat- lives, and enter the world of work. This ized to provide to the Federal Bureau of In- ment (normal trade relations treat- is something that matters to me be- vestigation, under appropriate security pro- ment) to the People’s Republic of cause it means so much to the people cedures, a certified copy of the transcript of China, and to establish a framework in Maine who have been able to lead its closed February 22, 2000 hearing. for relations between the United States productive lives because the Individ- and the People’s Republic of China; as uals with Disabilities Education Act f follows: afforded them the quality education On page 44, beginning on line 4, strike all they deserved. SENATE RESOLUTION 357—WEL- through page 45, line 12, and insert the fol- This is why we need to increase con- COMING PRIME MINISTER ATAL lowing: sistently the Federal financial support (g) ANNUAL REPORTS.—The Commission BIHARI VAJPAYEE, PRIME MIN- for the Individuals with Disabilities shall issue a report to the President and the Education Act—so that the Federal ISTER OF INDIA, UPON HIS Congress not later than 12 months after the Government does, in fact, pay each FIRST OFFICIAL VISIT TO THE date of the enactment of this Act, and not school in America 40 percent of the na- UNITED STATES, AND FOR later than the end of each 12-month period tional average per pupil expenditure OTHER PURPOSES thereafter, setting forth the findings of the Commission during the preceding 12-month for every special education student en- Mr. BROWNBACK (for himself and period, in carrying out subsections (a) rolled. Washington made that promise Mr. WELLSTONE) submitted the fol- through (c). The Commission’s report shall to our local communities when it contain recommendations for legislative or passed IDEA. lowing resolution; which was consid- executive action, including recommenda- For example, this year in Maine, ered and agreed to: tions indicating whether or not a change in China’s trade status is merited. local schools will receive only $702 per S. RES. 357 special education student under (h) SPECIFIC INFORMATION IN ANNUAL RE- Whereas the United States and India are PORTS.—The Commission’s report under sub- IDEA—$1698 per student less than the two of the world’s largest democracies that $2400 it would receive if the Federal section (g) shall include specific information together represent one-fifth of the world’s as to the nature and implementation of laws Government paid its share. In total, population and more than one-fourth of the or policies concerning the rights set forth in Maine will receive $60 million less than world’s economy; paragraphs (1) through (12) of subsection (a), it was promised. According to the U.S. Whereas the United States and India share and as to restrictions applied to or discrimi- Department of Education, the unmet common ideals and a vision for the 21st cen- nation against persons exercising any of the amount stands at an astounding $11 bil- tury, where freedom and democracy are the rights set forth in such paragraphs. lion nationally. We cannot continue to strongest foundations for peace and pros- (i) CONGRESSIONAL PRIORITY PROCEDURES.— shift this burden to our local commu- perity; (1) INTRODUCTION AND REFERRAL OF RESOLU- nities. We must meet the Federal com- Whereas the growing partnership between TIONS.— the United States and India is reinforced by (A) IN GENERAL.—Not later than 10 session mitment to help pay for special edu- days after receipt of the Commission’s report cation costs. the ties of scholarship and commerce and, in- creasingly, of kinship among our people; by a House of Congress, the Majority Leader Let us take the 25th anniversary of of that House shall introduce a joint resolu- Whereas the million-strong Indian-Amer- the Individuals with Disabilities Edu- tion in that House providing for the imple- ican community in the United States has en- cation Act to recognize the positive mentation of such recommendations of the riched and enlivened the societies of both the impact this law has on every commu- Commission’s report as require statutory im- United States and India, and this community plementation. In the case of the Senate, such nity in the United States, but let us provides a strong bond between India and the not forget our Federal commitment of resolution shall be referred to the Com- United States and is playing an important mittee on Foreign Relations and, in the case 40 percent to help our schools and com- role in deepening and strengthening coopera- of the House of Representatives, such resolu- munities implement the Individuals tion between India and the United States; tion shall be referred to the Committee on with Disabilities Education Act. and International Relations. In the consideration f Whereas the visit to the United States of of resolutions referred under this subpara- the Prime Minister of India, Atal Bihari graph, such committees shall hold hearings SENATE RESOLUTION 356—TO AU- Vajpayee, is a significant step in the broad- on the contents of the Commission’s report THORIZE DOCUMENTARY PRO- ening and strengthening of relations between and the recommendations contained therein DUCTION BY THE SELECT COM- the United States and India: Now, therefore, for the purpose of receiving testimony from MITTEE ON INTELLIGENCE be it Members of Congress, and such appropriate Mr. LOTT (for himself and Mr. representatives of Federal departments and Resolved, That the Senate hereby— agencies, and interested persons and groups, DASCHLE) submitted the following reso- (1) welcomes the Prime Minister of India, as the committees deem advisable. lution; which was considered and Atal Bihari Vajpayee, upon his first official (B) SESSION DAY DEFINED.—The term ‘‘ses- agreed to: visit to the United States; sion day’’ means, with respect to a House of S. RES. 356 (2) pledges its commitment to the expan- Congress, any day on which the House of Whereas, the Federal Bureau of Investiga- sion of ties between the United States and Congress is in session. tion has requested that the Senate Select India, to the mutual benefit of both coun- (2) PROCEDURE FOR DISCHARGE OF COMMIT- Committee on Intelligence provide it with a tries; and TEES.—If the committee to which is referred certified copy of the testimony of former Di- (3) recognizes that the visit of the Prime such resolution has not reported such resolu- rector of Central Intelligence John M. Minister of India, Atal Bihari Vajpayee, to tion at the end of 15 calendar days after its Deutch during its closed February 22, 2000 the United States is a significant step to- introduction, such committee shall be dis- hearing, in connection with a pending in- wards broadening and deepening the friend- charged from further consideration of such quiry into the alleged improper handling of ship and cooperation between the United resolution and such resolution shall be classified information by Mr. Deutch; States and India. placed on the appropriate calendar of the Whereas, by the privileges of the Senate of House involved. SEC. 2. The Secretary of the Senate shall the United States and Rule XI of the Stand- (3) MOTION TO PROCEED.—When the com- ing Rules of the Senate, no evidence under transmit a copy of this resolution to the mittee to which a resolution is referred has the control or in the possession of the Senate President with the request that he further reported, or has been deemed to be dis- can, by the administrative or judicial proc- transmit such copy to the Prime Minister of charged (under paragraph (2)) from further ess, be taken from such control or possession India, Atal Bihari Vajpayee. consideration of, a resolution described in but by permission of the Senate; paragraph (1), notwithstanding any rule or

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8509 precedent of the Senate, including Rule 22, it Sec. 202. General limitation on use of been sharply curtailed and, as the volume of is at any time thereafter in order (even project funds. timber sold annually from most of the Fed- though a previous motion to the same effect Sec. 203. Submission of project proposals. eral lands has decreased precipitously, so too has been disagreed to) for any Member of the Sec. 204. Evaluation and approval of projects have the revenues shared with the affected respective House to move to proceed to the by Secretary concerned. counties. consideration of the resolution, and all Sec. 205. Resource advisory committees. (10) This decline in shared revenues has af- points of order against the resolution (and Sec. 206. Use of project funds. fected educational funding and road mainte- against consideration of the resolution) are Sec. 207. Availability of project funds. nance for many counties. waived. The motion is highly privileged in Sec. 208. Allocation of proceeds. (11) In the Omnibus Budget Reconciliation the House of Representatives and is privi- Sec. 209. Termination of authority. Act of 1993, Congress recognized this trend leged in the Senate and is not debatable. The TITLE III—COUNTY PROJECTS and ameliorated its adverse consequences by motion is not subject to amendment, or to a Sec. 301. Definitions. providing an alternative annual safety net motion to postpone, or to a motion to pro- Sec. 302. Use of County Funds. payment to 72 counties in Oregon, Wash- ceed to the consideration of other business. Sec. 303. Termination of Authority. ington, and northern California in which A motion to reconsider the vote by which Federal timber sales had been restricted or the motion is agreed to or disagreed to shall TITLE IV—MISCELLANEOUS PROVISIONS prohibited by administrative and judicial de- not be in order. If a motion to proceed to the Sec. 401. Authorization of appropriations. cisions to protect the northern spotted owl. consideration of the resolution is agreed to, Sec. 402. Treatment of funds and revenues. (12) The authority for these particular the resolution shall remain the unfinished Sec. 403. Regulations. safety net payments is expiring and no com- business of the respective House until dis- Sec. 404. Conforming amendments. parable authority has been granted for alter- posed of. TITLE V—THE MINERAL REVENUE PAYMENTS native payments to counties elsewhere in the (4) The provisions of paragraphs (1) CLARIFICATION ACT OF 2000 United States that have suffered similar through (3) are enacted by Sec. 501. Short Title. losses in shared revenues from the Federal Sec. 502. Findings. lands and in the funding for schools and SECURE RURAL SCHOOLS AND Sec. 503. Amendment of the Mineral Leasing roads those revenues provide. COMMUNITY SELF-DETERMINA- Act. (13) There is a need to stabilize education and road maintenance funding through pre- TION ACT OF 1999 SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.—The Congress finds the fol- dictable payments to the affected counties, lowing: job creation in those counties, and other op- (1) The National Forest System, which is portunities associated with restoration, CRAIG (AND WYDEN) AMENDMENT maintenance, and stewardship of federal NO. 4139 managed by the United States Forest Serv- ice, was established in 1907 and has grown to lands. Mr. CRAIG (for himself, and Mr. include approximately 192,000,000 acres of (14) Both the Forest Service and the Bu- reau of Land Management face significant WYDEN) proposed an amendment to the Federal lands. (2) The public domain lands known as re- backlogs in infrastructure maintenance and bill, S. 1608, to provide annual pay- ecosystem restoration that are difficult to ments to the States and counties from vested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon address through annual appropriations. National Forest System lands managed Road grant lands, which are managed pre- (15) There is a need to build new, and by the Forest Service, and the revested dominantly by the Bureau of Land Manage- strengthen existing, relationships and to im- Oregon and California Railroad and re- ment were returned to Federal ownership in prove management of public lands and conveyed Coos Bay Wagon Road grant 1916 and 1919 and now comprise approxi- waters. lands managed predominately by the mately 2,600,000 acres of Federal lands. (b) PURPOSES.—The purposes of this Act Bureau of Land Management, for use (3) Congress recognized that, by its deci- are— sion to secure these lands in Federal owner- (1) to stabilize and make permanent pay- by the counties in which the lands are ments to counties to provide funding for situated for the benefit of the public ship, the counties in which these lands are situated would be deprived of revenues they schools and roads; schools, roads, emergency and other would otherwise receive if the lands were (2) to make additional investments in, and public purposes; to encourage and pro- held in private ownership. create additional employment opportunities vide new mechanisms for cooperation (4) These same counties have expended through, projects that improve the mainte- between counties and the Forest Serv- public funds year after year to provide serv- nance of existing infrastructure, implement ice and the Bureau of Land Manage- ices, such as education, road construction stewardship objectives that enhance forest ment to make necessary investments and maintenance, search and rescue, law en- ecosystems, and restore and improve land forcement, waste removal, and fire protec- health and water quality. Such projects shall in Federal lands, and reaffirm the posi- enjoy broad-based support with objectives tive connection between Federal Lands tion, that directly benefit these Federal lands and people who use these lands. that may include, but are not limited to: counties and Federal Lands; and for (5) To accord a measure of compensation to (A) Road, trail, and infrastructure mainte- other purposes; as follows: the affected counties for the critical services nance or obliteration; Strike all after the enacting clause and in- they provide to both county residents and (B) Soil productivity improvement; sert the following: visitors to these Federal lands, Congress de- (C) Improvements in forest ecosystem health; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. termined that the Federal Government (D) Watershed restoration and mainte- (a) SHORT TITLE.—This Act may be cited as should share with these counties a portion of nance; the ‘‘Secure Rural Schools and Community the revenues the United States receives from (E) Restoration, maintenance and improve- Self-Determination Act of 2000’’. these Federal lands. ment of wildlife and fish habitat; (b) TABLE OF CONTENTS.—The table of con- (6) Congress enacted in 1908 and subse- (F) Control of noxious and exotic weeds; tents of this Act is as follows: quently amended a law that requires that 25 and Sec. 1. Short title; table of contents. percent of the revenues derived from Na- (G) Reestablishment of native species; Sec. 2. Findings and purpose. tional Forest System lands be paid to States (3) to improve cooperative relationships Sec. 3. Definitions. for use by the counties in which the lands among the people that use and care for Fed- Sec. 4. Conforming Amendment. are situated for the benefit of public schools and roads. eral lands and the agencies that manage TITLE I—SECURE PAYMENTS FOR STATES AND these lands. COUNTIES CONTAINING FEDERAL LANDS (7) Congress enacted in 1937 and subse- quently amended a law that requires that 75 SEC. 3. DEFINITIONS. Sec. 101. Determination of full payment percent of the revenues derived from the re- In this Act: amount for eligible States and vested and reconveyed grant lands be paid to (1) FEDERAL LANDS.—The term ‘Federal counties. the counties in which those lands are situ- lands’’ means— Sec. 102. Payments to States from Forest ated to be used as are other county funds, of (A) lands within the National Forest Sys- Service lands for use by coun- which 50 percent is to be used as other coun- tem, as defined in section 11(a) of the Forest ties to benefit public education ty funds. and Rangeland Renewable Resources Plan- and transportation. (8) For several decades primarily due to ning Act of 1974 (16 U.S.C. 1609(a)) exclusive Sec. 103. Payments to counties from Bureau the growth of the federal timber sale pro- of the National Grasslands and land utiliza- of Land Management lands for gram, counties dependent on and supportive tion projects designated as National Grass- use to benefit public safety, law of these Federal lands received and relied on lands administered pursuant to the Act of enforcement, education, and increasing shares of these revenues to pro- July 22, 1937 (7 U.S.C. 1010–10912); and other public purposes. vide funding for schools and road mainte- (B) Such portions of the revested Oregon TITLE II—SPECIAL PROJECTS ON FEDERAL nance. and California Railroad and reconveyed Coos LANDS (9) In recent years, the principal source of Bay Wagon Road grant lands as are or may Sec. 201. Definitions. these revenues, Federal timber sales, has hereafter come under the jurisdiction of the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8510 CONGRESSIONAL RECORD — SENATE September 13, 2000 Department of the Interior, which have here- State and eligible county to reflect 50 per- election under this subsection not later than tofore or may hereafter be classified as cent of the changes in the consumer price September 30 of each fiscal year. If the eligi- timberlands, and power-site lands valuable index for rural areas (as published in the Bu- ble county fails to make an election by that for timber, that shall be managed, except as reau of Labor Statistics) that occur after date, the county is deemed to have elected to provided in 43 U.S.C. 1181c of this title, for publication of that index for fiscal year 2000. expend 85 percent of the funds to be received permanent forest production. SEC. 102. PAYMENTS TO STATES FROM NATIONAL under subsection (b) in the same manner in (2) ELIGIBILITY PERIOD.—The term ‘‘eligi- FOREST SYSTEM LANDS FOR USE BY which the 25-percent payments are required bility period’’ means fiscal year 1986 through COUNTIES TO BENEFIT PUBLIC EDU- to be expended, and shall remit the balance fiscal year 1999. CATION AND TRANSPORTATION. to the Treasury of the United States in ac- (3) ELIGIBLE COUNTY.—The term ‘‘eligible (a) PAYMENT AMOUNTS.—The Secretary of cordance with section 402(b). county’’ means a county that received 50– the Treasury shall pay an eligible State the (B) COUNTIES WITH MINOR DISTRIBUTIONS.— percent payments for one or more fiscal sum of the amounts elected under subsection Notwithstanding any adjustment made pur- years of the eligibility period or a county (b) by each eligible county for either— suant to Section 101(b) in the case of each el- that received a portion of an eligible State’s (1) the 25-percent payment under the Act of igible county to which less than $100,000 is 25–percent payments for one or more fiscal May 23, 1908, as amended (16 U.S.C. 500), or distributed for any fiscal year pursuant to years of the eligibility period. The term in- (2) The full payment amount in place of subsection (b), the eligible county may elect cludes a county established after the date of the 25-percent payment. to expend all such funds in accordance with (b) ELECTION TO RECEIVE PAYMENT the enactment of this Act so long as the subsection (c)(2). AMOUNT.— county includes all or a portion of a county (1) The election to receive either the full SEC. 103. PAYMENTS TO COUNTIES FROM BU- described in the preceding sentence. payment amount or the 25 percent payment REAU OF LAND MANAGEMENT (4) ELIGIBLE STATE.—The term ‘‘eligible LANDS FOR USE TO BENEFIT PUBLIC shall be made at the discretion of each af- State’’ means a State that received 25–per- SAFETY, LAW ENFORCEMENT, EDU- fected county and transmitted to the Sec- cent payments for one or more fiscal years of CATION, AND OTHER PUBLIC PUR- retary by the Governor of a State. POSES. the eligibility period. (2) A county election to receive the 25–per- (5) FULL PAYMENT AMOUNT.—The term ‘‘full (a) The Secretary of the Treasury shall pay cent payment shall be effective for two fiscal payment amount’’ means the amount cal- an eligible county either— years. (1) the 50-percent payment under the Act of culated for each eligible State and eligible (3) When a county elects to receive the full county under section 101. August 28, 1937, as amended (43 U.S.C. 1181f) payment amount, such election shall be ef- or the Act of May 24, 1939 (43 U.S.C. 1181f–1) (6) 25-PERCENT PAYMENTS.—The term ‘‘25- fective for all the subsequent fiscal years percent payments’’ means the payments to as appropriate, or through fiscal year 2006. (2) the full payment amount in place of the States required by the sixth paragraph under (4) The payment to an eligible State under the heading of ‘‘FOREST SERVICE’’ in the 50-percent payment. this subsection for a fiscal year shall be de- (b) ELECTION TO RECEIVE PAYMENT Act of May 23, 1908 as amended (16 U.S.C. rived from any revenues, fees, penalties, or 500). AMOUNT.— miscellaneous receipts, exclusive of deposits (1) The election to receive the full payment (7) 50-PERCENT PAYMENTS.—The term ‘‘50- to any relevant trust fund, or special ac- amount shall be made at the discretion of percent payments’’ means the payments that counts, received by the Federal Government are the sum of the 50-percent share otherwise the county. Once the election is made, it from activities by the Forest Service on the shall be effective for the fiscal year in which paid to a county pursuant to title II of the Federal lands described in subsection 3(1)(A) Act of August 28, 1937 (chapter 876; 50 Stat. the election is made and all subsequent fis- and to the extent of any shortfall, out of any cal years through fiscal year 2006. 875; 43 U.S.C. 1181f), and the payment made funds in the Treasury not otherwise appro- to a county pursuant to the Act of May 24, (2) The payment to an eligible county priated. under this subsection for a fiscal year shall 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– (c) DISTRIBUTION AND EXPENDITURE OF PAY- 1 et seq.). be derived from any revenues, fees, penalties, MENTS.— or miscellaneous receipts, exclusive of depos- (8) SAFETY NET PAYMENTS.—The term (1) DISTRIBUTION METHOD.—A State that re- its to any relevant trust fund, or permanent ‘‘safety net payments’’ means the special ceives a payment under subsection (b) shall payment amounts paid to States and coun- operating funds, received by the Federal distribute the payment among all eligible Government from activities by the Bureau of ties required by section 13982 or 13983 of the counties in the State in accordance with the Omnibus Budget Reconciliation Act of 1993 Land Management on the Federal Lands de- Act of May 23, 1908 as amended. scribed in subsection 3(1)(B) and to the ex- (Public Law 103–66; 16 U.S.C. 500 note; 43 (2) EXPENDITURE PURPOSES.—Subject to U.S.C. 1181f note). tent of any shortfall, out of any funds in the subsection (d), payments received by a State Treasury not otherwise appropriated. SEC. 4. CONFORMING AMENDMENT. under subsection (b) and distributed to eligi- (c) EXPENDITURE RULES FOR ELIGIBLE COUN- Section 6903(a)(1)(C) of title 31, United ble counties shall be expended as required by TIES.— 16 U.S.C. 500. States Code, is amended by adding after ‘‘(16 (1) IN GENERAL.—Of the funds to be paid to XPENDITURE RULES FOR ELIGIBLE U.S.C. 500)’’ the following: ‘‘or the Secure (d) E an eligible county pursuant to subsection COUNTIES.— Rural Schools and Community Self-Deter- (b)— (1) IN GENERAL.—If an eligible county mination Act of 2000’’. (A) Not less than 80 percent but not more elects to receive its share of the full pay- TITLE I—SECURE PAYMENTS FOR than 85 percent of the funds distributed to ment amount— STATES AND COUNTIES CONTAINING the eligible county shall be expended in the (A) not less than 80 percent but not more FEDERAL LANDS same manner in which the 50-percent pay- than 85 percent of the funds shall be ex- ments are required to be expended; and SEC. 101. DETERMINATION OF FULL PAYMENT pended in the same manner in which the 25- (B) At the election of an eligible county, AMOUNT FOR ELIGIBLE STATES AND percent payments are required to be ex- COUNTIES. the balance of the funds not expended pursu- pended; and (a) CALCULATION REQUIRED.— (B) at the election of an eligible county, ant to subparagraph (A) shall: (1) ELIGIBLE STATES.—For fiscal years 2001 the balance of the funds not expended pursu- (i) be reserved for projects in accordance through 2006, the Secretary of the Treasury ant to subparagraph (A) shall: with title II; shall calculate for each eligible State that (i) be reserved for projects in accordance (ii) be spent in accordance with title III; or received a 25-percent payment during the eli- with title II; (iii) be returned to the General Treasury in gibility period an amount equal to the aver- (ii) be spent in accordance with title III; or accordance with section 402(b). age of the three highest 25-percent payments (iii) be returned to the General Treasury in (2) DISTRIBUTION OF FUNDS.— and safety net payments made to that eligi- accordance with section 402(b). (A) Funds reserved by an eligible county ble State for the fiscal years of the eligi- (2) Distribution of Funds.— under paragraph (1)(B)(i) shall be deposited bility period. (A) Funds reserved by an eligible county in a special account in the Treasury of the (2) BLM COUNTIES.—For fiscal years 2001 under paragraph (1)(B)(i) shall be deposited United States and shall be available for ex- through 2006, the Secretary of the Treasury in a special account in the Treasury of the penditure by the Secretary of the Interior, shall calculate for each eligible county that United States and shall be available for ex- without further appropriation, and shall re- received a 50-percent payment during the eli- penditure by the Secretary of Agriculture, main available until expended in accordance gibility period an amount equal to the aver- without further appropriation, and shall re- with title II. age of the three highest 50-percent payments main available until expended in accordance (B) Funds reserved by an eligible county and safety net payments made to that eligi- with title II. under paragraph (1)(B)(ii) shall be available ble county for the fiscal years of the eligi- (B) Funds reserved by an eligible county for expenditure by the county and shall re- bility period. under paragraph (1)(B)(ii) shall be available main available, until expended, in accord- (b) ANNUAL ADJUSTMENT.—For each fiscal for expenditure by the county and shall re- ance with title III. year in which payments are required to be main available, until expended, in accord- (3) ELECTION.—An eligible county shall no- made to eligible States and eligible counties ance with title III. tify the Secretary of the Interior of its elec- under this title, the Secretary of the Treas- (3) ELECTION.— tion under this subsection not later than ury shall adjust the full payment amount for (A) IN GENERAL.—An eligible county shall September 30 of each fiscal year under sub- the previous fiscal year for each eligible notify the Secretary of Agriculture of its section (b). If the eligible county fails to

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make an election by that date, the county is (3) JOINT PROJECTS.—Participating coun- agrees to the expenditure of funds for this deemed to have elected to expend 85 percent ties or other persons may propose to pool purpose, the Secretary concerned shall con- on the funds received under subsection (b) in project funds or other funds, described in duct environmental review, consultation, or the same manner in which the 50-percent paragraph (2), and jointly propose a project other compliance responsibilities in accord- payments are required to be expended and or group of projects to a resource advisory ance with federal law and regulations. shall remit the balance to the Treasury of committee established under section 205. (B) EFFECT OF REFUSAL TO PAY.—If a re- the United States in accordance with section (b) REQUIRED DESCRIPTION OF PROJECTS.— source advisory committee does not agree to 402(b). In submitting proposed projects to the Sec- the expenditure of funds under subparagraph TITLE II—SPECIAL PROJECTS ON retary concerned under subsection (a), a re- (A), the project shall be deemed withdrawn FEDERAL LANDS source advisory committee shall include in from further consideration by the Secretary SEC. 201. DEFINITIONS. the description of each proposed project the concerned pursuant to this title. Such a In this title: following information: withdrawal shall be deemed to be a rejection (1) PARTICIPATING COUNTY.—The term ‘par- (1) The purpose of the project and a de- of the project for purposes of section 207(c). ticipating county’ means an eligible county scription of how the project will meet the (c) DECISIONS OF SECRETARY CONCERNED.— that— purposes of this Act. (1) REJECTION OF PROJECTS.—A decision by (A) receives Federal funds pursuant to sec- (2) The anticipated duration of the project. the Secretary concerned to reject a proposed tion 102(b)(1) or 103(b)(1); and (3) The anticipated cost of the project. project shall be at the Secretary’s sole dis- (B) elects under sections 102(d)(1)(B)(i) or (4) The proposed source of funding for the cretion. Notwithstanding any other provi- 103(c)(1)(B)(i) to expend a portion of those project, whether project funds or other sion of law, a decision by the Secretary con- funds in accordance with this title. funds. cerned to reject a proposed project shall not (2) PROJECT FUNDS.—The term ‘project (5) Expected outcomes, including how the be subject to administrative appeal or judi- funds’ means all funds an eligible county project will meet or exceed desired ecologi- cial review. Within 30 days after making the elects under sections 102 (d)(1)(B)(i) and 103 cal conditions, maintenance objectives, or rejection decision, the Secretary concerned (c)(1)(B)(i) to reserve for expenditure in ac- stewardship objectives, as well as an esti- shall notify in writing the resource advisory cordance with this title. mation of the amount of any timber, forage, committee that submitted the proposed (3) RESOURCE ADVISORY COMMITTEE.—The and other commodities and other economic project of the rejection and the reasons for term ‘resource advisory committee’ means activity, including jobs generated, if any, an- rejection. an advisory committee established by the ticipated as part of the project. (2) NOTICE OF PROJECT APPROVAL.—The Sec- Secretary concerned under section 205, or de- (6) A detailed monitoring plan, including retary concerned shall publish in the Federal termined by the Secretary concerned to funding needs and sources, that tracks and Register notice of each project approved meet the requirements of section 205. identifies the positive or negative impacts of under subsection (a) if such notice would be (4) RESOURCE MANAGEMENT PLAN.—The the project, implementation, and provides required had the project originated with the term ‘resource management plan’ means a for validation monitoring. The monitoring Secretary. land use plan prepared by the Bureau of plan shall include an assessment of the fol- (d) SOURCE AND CONDUCT OF PROJECT.— Land Management for units of the Federal lowing: whether or not the project met or ex- Once the Secretary concerned accepts a lands described in section 3(1)(B) pursuant to ceeded desired ecological conditions; created project for review under section 203, it shall section 202 of the Federal Land Policy and local employment or training opportunities, be deemed a federal action for all purposes. Management Act of 1976 (43 U.S.C. 1712) or a including summer youth jobs programs such (e) IMPLEMENTATION OF APPROVED land and resource management plan prepared as the Youth Conservation Corps where ap- PROJECTS.— by the Forest Service for units of the Na- propriate; and whether the project improved (1) COOPERATION.—Notwithstanding chap- tional Forest System pursuant to section 6 the use of, or added value to, any products ter 63 of title 31, United States Code, using of the Forest and Rangeland Renewable Re- removed from lands consistent with the pur- project funds the Secretary concerned may sources Planning Act of 1974 (16 U.S.C. 1604). poses of this Act. enter into contracts, grants, and cooperative (5) SECRETARY CONCERNED.—The term ‘Sec- (7) An assessment that the project is to be agreements with States and local govern- retary concerned’ means the Secretary of the in the public interest. ments, private and nonprofit entities, and Interior or his designee with respect to the (c) AUTHORIZED PROJECTS.—Projects pro- landowners and other persons to assist the Federal lands described in section 3(1)(B) and posed under subsection (a) shall be con- Secretary in carrying out an approved the Secretary of Agriculture or his designee sistent with section 2(b). project. with respect to the Federal lands described (2) BEST VALUE CONTRACTING.—For any SEC. 204. EVALUATION AND APPROVAL OF project involving a contract authorized by in section 3(1)(A). PROJECTS BY SECRETARY CON- SEC. 202. GENERAL LIMITATION ON USE OF CERNED. paragraph (1) the Secretary concerned may PROJECT FUNDS. (a) CONDITIONS FOR APPROVAL OF PROPOSED elect a source for performance of the con- Project funds shall be expended solely on PROJECT.—The Secretary concerned may tract on a best value basis. The Secretary projects that meet the requirements of this make a decision to approve a project sub- concerned shall determine best value based title. Project funds may be used by the Sec- mitted by a resource advisory committee on such factors as: retary concerned for the purpose of entering under section 203 only if the proposed project (A) The technical demands and complexity into and implementing cooperative agree- satisfies each of the following conditions: of the work to be done. (B) The ecological objectives of the project ments with willing federal agencies, state (1) The project complies with all applicable and the sensitivity of the resources being and local governments, private and nonprofit Federal laws and regulations. entities, and landowners for protection, res- (2) The project is consistent with the appli- treated. (C) The past experience by the contractor toration and enhancement of fish and wild- cable resource management plan and with with the type of work being done, using the life habitat, and other resource objectives any watershed or subsequent plan developed type of equipment proposed for the project, consistent with the purposes of this title on pursuant to the resource management plan and meeting or exceeding desired ecological Federal land and on non-Federal land where and approved by the Secretary concerned. conditions. projects would benefit these resources on (3) The project has been approved by the (D) The commitment of the contractor to Federal land. resource advisory committee in accordance hiring highly qualified workers and local SEC. 203. SUBMISSION OF PROJECT PROPOSALS. with section 205, including the procedures residents. (a) SUBMISSION OF PROJECT PROPOSALS TO issued under subsection (e) of such section. (3) MERCHANTABLE MATERIALS SALES CON- (4) A project description has been sub- SECRETARY CONCERNED.— TRACTING PILOT PROJECTS.— (1) PROJECTS FUNDED USING PROJECT mitted by the resource advisory committee (A) ESTABLISHMENT.—The Secretary con- FUNDS.—Not later than September 30 for fis- to the Secretary concerned in accordance cerned shall establish a pilot program re- cal year 2001, and each September 30 there- with section 203. garding the sale of merchantable material after for each succeeding fiscal year through (5) The project will improve the mainte- under this title. Such a program shall ensure fiscal year 2006, each resource advisory com- nance of existing infrastructure, implement that, on an annual basis, no less than 75 per- mittee shall submit to the Secretary con- stewardship objectives that enhance forest cent of all projects involving merchantable cerned a description of any projects that the ecosystems, and restore and improve land material shall be implemented using sepa- resource advisory committee proposes the health and water quality. rate contracts for— Secretary undertake using any project funds (b) ENVIRONMENTAL REVIEWS.— (i) the harvesting or collection of mer- reserved. (1) PAYMENT OF REVIEW COSTS.— chantable material; and (2) PROJECTS FUNDED USING OTHER FUNDS.— (A) REQUEST FOR PAYMENT BY COUNTY.—The (ii) the sale of such material. A resource advisory committee may submit Secretary concerned may request the re- (B) DURATION AND EXTENT.— to the Secretary concerned a description of source advisory committee submitting a pro- (i) The Secretary concerned shall ensure any projects that the committee proposes posed project to agree to the use of project that, on an annual basis beginning in fiscal the Secretary undertake using funds from funds to pay for any environmental review, year 2001, no less than 75 percent of projects state or local governments, or from the pri- consultation, or compliance with applicable involving merchantable material shall be in- vate sector, other than project funds and environmental laws required in connection cluded in the pilot program. funds appropriated and otherwise available with the project. When such a payment is re- (ii) Not later than September 30, 2003, the to do similar work. quested and the resource advisory committee Government Accounting Office (GAO) shall

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submit a report to the Senate Energy and (3) INITIAL APPOINTMENT.—The Secretary paper of record and shall be open to the pub- Natural Resources Committee, the House of concerned shall make initial appointments lic. Representatives Agriculture Committee and to the resource advisory committees not (3) RECORDS.—A resource advisory com- the House of Representatives Resources later than 180 days after the date of the en- mittee shall maintain records of the meet- Committee assessing the pilot program. actment of this Act. ings of the committee and make the records (iii) If the GAO determines that the pilot (4) VACANCIES.—The Secretary concerned available for public inspection. program is ineffective at that time, then the shall make appointments to fill vacancies on SEC. 206. USE OF PROJECT FUNDS. Secretary concerned shall ensure that, on an any resource advisory committee as soon as (a) AGREEMENT REGARDING SCHEDULE AND annual basis beginning in fiscal year 2004, no practicable after the vacancy has occurred. COST OF PROJECT.— less than 50 percent of projects involving (5) COMPENSATION.—Members of the re- (1) AGREEMENT BETWEEN PARTIES.—The merchantable material shall be implemented source advisory committees shall not receive Secretary concerned may carry out a project using separate contracts. any compensation. submitted by a resource advisory committee (f) REQUIREMENTS FOR PROJECT FUNDS.— (d) COMPOSITION OF ADVISORY COMMITTEE.— under section 203(a) using project funds or The Secretary shall ensure that at least 50 (1) NUMBER.—Each resource advisory com- other funds described in section 203(a)(2), if, percent of all project funds be used for mittee shall be comprised of 15 members. as soon as practicable after the issuance of a projects that are primarily dedicated to the (2) COMMUNITY INTERESTS REPRESENTED.— decision document for the project and the ex- following purposes: Committee members shall be representative haustion of all administrative appeals and (1) road maintenance, decommissioning or of the interests of the following three cat- judicial review of the project decision, the obliteration; and egories: Secretary concerned and the resource advi- (2) restoration of streams and watersheds. (A) 5 persons who— sory committee enter into an agreement ad- SEC. 205. RESOURCE ADVISORY COMMITTEES. (i) represent organized labor; dressing, at a minimum, the following: (ii) represent developed outdoor recreation, (a) ESTABLISHMENT AND PURPOSE OF RE- (A) The schedule for completing the off highway vehicle users, or commercial SOURCE ADVISORY COMMITTEES.— project. recreation activities; (1) ESTABLISHMENT.—The Secretary con- (B) The total cost of the project, including (iii) represent energy and mineral develop- cerned shall establish and maintain a re- the level of agency overhead to be assessed ment interests; source advisory committees to perform the against the project. (iv) represent the commercial timber in- duties in subsection (b), except as provided (C) For a multi-year project, the estimated dustry; or in paragraph (4). cost of the project for each of the fiscal years (v) hold Federal grazing permits, or other (2) PURPOSE.—The purpose of a resource ad- in which it will be carried out. land use permits within the area for which visory committee shall be to improve col- (D) The remedies for failure of the Sec- the committee is organized. laborative relationships and to provide ad- retary concerned to comply with the terms (B) 5 persons representing— vice and recommendations to the land man- of the agreement consistent with current (i) nationally recognized environmental or- Federal law. agement agencies consistent with the pur- ganizations; (2) LIMITED USE OF FEDERAL FUNDS.—The poses of this Act. (ii) regionally or locally recognized envi- Secretary concerned may decide, at the Sec- (3) ACCESS TO RESOURCE ADVISORY COMMIT- ronmental organizations; retary’s sole discretion, to cover the costs of TEES.—To ensure that each unit of Federal (iii) dispersed recreational activities; a portion of an approved project using Fed- land has access to a resource advisory com- (iv) archeological and historical interests; eral funds appropriated or otherwise avail- mittee, and that there is sufficient interest or able to the Secretary for the same purposes in participation on a committee to ensure (v) nationally or regionally recognized wild as the project. that membership can be balanced in terms of horse and burro interest groups. (b) TRANSFER OF PROJECT FUNDS.— the points of view represented and the func- (C) 5 persons who— (1) INITIAL TRANSFER REQUIRED.—As soon as tions to be performed, the Secretary con- (i) hold state elected office or their des- practicable after the agreement is reached cerned may, establish resource advisory ignee, committees for part of, or one or more, units (ii) hold county or local elected office; under subsection (a) with regard to a project of Federal lands. (iii) represent American Indian tribes to be funded in whole or in part using project (4) EXISTING ADVISORY COMMITTEES.—Exist- within or adjacent to the area for which the funds, or other funds described in section ing advisory committees meeting the re- committee is organized. 203(a)(2), the Secretary concerned shall quirements of this section may be deemed by (iv) are school officials or teachers; or transfer to the applicable unit of National the Secretary concerned, as a resource advi- (v) represent the affected public at large. Forest System lands or BLM District an sory committee for the purposes of the title. (3) BALANCED REPRESENTATION.—In ap- amount of project funds equal to— The Secretary of the Interior may deem a re- pointing committee members from the three (A) in the case of a project to be completed source advisory committee meeting the re- categories in paragraph (2), the Secretary in a single fiscal year, the total amount quirements of part 1780, subpart 1784 of title concerned shall provide for balanced and specified in the agreement to be paid using 43, Code of Federal Regulations, as a re- broad representation from within each cat- project funds, or other funds described in source advisory committee for the purposes egory. section 203(a)(2); or of this title. (4) GEOGRAPHIC DISTRIBUTION.—The mem- (B) in the case of a multi-year project, the (b) DUTIES.—A resource advisory com- bers of a resource advisory committee shall amount specified in the agreement to be paid mittee shall— reside within the state in which the com- using project funds, or other funds described (1) review projects proposed under this mittee has geographic jurisdiction. in section 203(a)(2) for the first fiscal year. title and under title III by participating (5) CHAIRPERSON.—A majority on each re- (2) CONDITION ON PROJECT COMMENCEMENT.— counties and other persons; source advisory committee shall select the The unit of National Forest System lands or (2) propose projects and funding to the Sec- chairperson of the committee. BLM District concerned, shall not commence retary concerned under section 203 and to (e) APPROVAL PROCEDURES.— a project until the project funds, or other the participating county under title III; (1) Subject to paragraph (2), each resource funds described in section 203(a)(2) required (3) provide early and continuous coordina- advisory committee shall establish proce- to be transferred under paragraph (1) for the tion with appropriate land management dures for proposing projects to the Secretary project, have been made available by the agency officials in recommending projects concerned under this title and the partici- Secretary concerned. consistent with purposes of this Act under pating county under title III. A quorum must (3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR this title and title III; and be present to constitute an official meeting PROJECTS.—For the second and subsequent (4) provide frequent opportunities for citi- of the committee. fiscal years of a multi-year project to be zens, organizations, Tribes, land manage- (2) A project may be proposed by a resource funded in whole or in part using project ment agencies, and other interested parties advisory committee to the Secretary con- funds, the unit of National Forest System to participate openly and meaningfully, be- cerned under section 203(a), or to the partici- lands or BLM District concerned shall use ginning at the early stages of the project de- pating county under section 302, if it has the amount of project funds required to con- velopment process under this title and title been approved by a majority of members of tinue the project in that fiscal year accord- III. the committee from each of the three cat- ing to the agreement entered into under sub- (c) APPOINTMENT BY THE SECRETARY.— egories in subsection (d)(2). section (a). The Secretary concerned shall (1) APPOINTMENT AND TERM.—The Secretary (f) OTHER COMMITTEE AUTHORITIES AND RE- suspend work on the project if the project concerned, shall appoint the members of re- QUIREMENTS.— funds required by the agreement in the sec- source advisory committees for a term of 3 (1) STAFF ASSISTANCE.—A resource advisory ond and subsequent years fiscal years are not years beginning on the date of appointment. committee may submit to the Secretary con- available. The Secretary concerned may reappoint cerned a request for periodic staff assistance SEC. 207. AVAILABILITY OF PROJECT FUNDS. members to subsequent 3-year terms. from Federal employees under the jurisdic- (a) SUBMISSION OF PROPOSED PROJECTS TO (2) BASIC REQUIREMENTS.—The Secretary tion of the Secretary. OBLIGATE FUNDS.—By September 30 of each concerned shall ensure that each resource (2) MEETINGS.—All meetings of a resource fiscal year through fiscal year 2006, a re- advisory committee established meets the advisory committee shall be announced at source advisory committee shall submit to requirements of subsection (d). least one week in advance in a local news- the Secretary concerned pursuant to section

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203(a)(1) a sufficient number of project pro- (3) EASEMENT PURCHASES.—An eligible all laws providing for the leasing of any on- posals that, if approved, would result in the county may use these funds to acquire— shore lands or interest in land owned by the obligation of at least the full amount of the (A) easements, on a willing seller basis, to United States for the production of the same project funds reserved by the participating provide for non-motorized access to public types of minerals leasable under this Act or county in the preceding fiscal year. lands for hunting, fishing, and other rec- of geothermal steam, and to enforcement of (b) USE OR TRANSFER OF UNOBLIGATED reational purposes; such laws. . . .’’ FUNDS.—Subject to Section 209, if a resource (B) conservation easements; or (2) There is no legislative record to suggest advisory committee fails to comply with (C) both. a sound public policy rationale for deducting subsection (a) for a fiscal year, any project (4) FOREST RELATED EDUCATIONAL OPPORTU- prior-year administrative expenses from the funds reserved by the participating county in NITIES.—A county may use these funds to es- sharing of current-year receipts, indicating the preceding fiscal year and remaining un- tablish and conduct forest-related after that this change was made primarily for obligated shall be available for use as part of school programs. budget scoring reasons. the project submissions in the next fiscal (5) FIRE PREVENTION AND COUNTY PLAN- (3) The system put in place by this change year. NING.—A county may use these funds for: in law has proved difficult to administer and (c) EFFECT OF REJECTION OF PROJECTS.— (A) efforts to educate homeowners in fire- has given rise to disputes between the Fed- Subject to Section 209, any project funds re- sensitive ecosystems about the consequences eral Government and the States as to the na- served by a participating county in the pre- of wildfires and techniques in home siting, ture of allocable expenses. Federal account- ceding fiscal year that are unobligated at the home construction, and home landscaping ing systems have proven to be poorly suited end of a fiscal year because the Secretary that can increase the protection of people to breaking down administrative costs in the concerned has rejected one or more proposed and property from wildfires; and manner required by the law. Different Fed- projects shall be available for use as part of (B) planning efforts to reduce or mitigate eral agencies implementing this law have the project submissions in the next fiscal the impact of development on adjacent fed- used varying methodologies to identify allo- year. eral lands and to increase the protection of cable costs, resulting in an inequitable dis- (d) EFFECT OF COURT ORDERS.—If an ap- people and property from wildfires. tribution of costs during fiscal years 1994 proved project under this Act is enjoined or (6) COMMUNITY FORESTRY.—A county may through 1996. In November, 1997, the Inspec- prohibited by a Federal court, the Secretary use these funds towards non Federal cost- tor General of the Department of the Inte- concerned shall use unobligated project share provisions of the Section 9 of the Coop- rior found that ‘‘the congressionally ap- funds related to that project in the partici- erative Forestry Assistance Act (Public Law proved method for cost sharing deductions pating county or counties that reserved the 95–313). effective in fiscal year 1997 may not accu- funds. The returned funds shall be available SEC. 303. TERMINATION OF AUTHORITY. rately compute the deductions.’’. for the county to expend in the same manner The authority to initiate projects under (4) Given the lack of a substantive ration- as the funds reserved by the county under this title shall terminate on September 30, ale for the 1993 change in law and the com- section 102(d)(1)(B) or 103(c)(1)(B), whichever 2006. Any county funds not obligated by Sep- plexity and administrative burden involved, applies to the funds involved. tember 30, 2007 shall be available to be ex- a return to the sharing formula prior to the SEC. 208. ALLOCATION OF PROCEEDS. pended by the county for the uses identified enactment of the Omnibus Budget Reconcili- The proceeds from any joint project under in Section 302(b). ation Act of 1993 is justified. section 203(a)(3) using both federal and non- TITLE IV—MISCELLANEOUS PROVISIONS SEC. 503. AMENDMENT OF THE MINERAL LEAS- federal funds shall be equitably divided be- ING ACT. tween the Treasury of the United States and SEC. 401. AUTHORIZATION OF APPROPRIATIONS. Section 35(b) of the Mineral Leasing Act the nonfederal funding source in direct pro- There are hereby authorized to be appro- (30 U.S.C. sec. 191(b)) is amended to read as portion to the contribution of funds to the priated such sums as may be necessary to follows: ‘‘(b) In determining the amount of overall cost of the project. carry out this Act for fiscal years 2001 payments to the States under this section, SEC. 209. TERMINATION OF AUTHORITY. through 2006. the amount of such payments shall not be re- The authority to initiate projects under SEC. 402. TREATMENT OF FUNDS AND REVENUES. duced by any administrative or other costs this title shall terminate on September 30, (a) Funds appropriated pursuant to the au- incurred by the United States.’’ 2006. Any project funds not obligated by Sep- thorization of appropriations in section 401 Amend the title so as to read: ‘‘A bill to tember 30, 2007, shall be deposited in the and funds made available to a Secretary con- provide stability and predictability to the Treasury of the United States. cerned under section 206 shall be in addition annual payments made to States and coun- ties containing National Forest System TITLE III—COUNTY PROJECTS to any other annual appropriations for the Forest Service and the Bureau of Land Man- lands and public domain lands managed by SEC. 301. DEFINITIONS. agement. the Bureau of Land Management for the ben- In this title: (b) All revenues generated from projects efit of public schools and roads and to en- (1) PARTICIPATING COUNTY.—The term ‘‘par- pursuant to Title II, any funds remitted by hance the health, diversity and productivity ticipating county’’ means an eligible county counties pursuant to section 102 (d)(1)(B) or of federal lands.’’ that— section 103(c)(1)(B), and any interest accrued (A) receives Federal funds pursuant to sec- f from such funds shall be deposited in the tion 102(b)(1) or 103(b)(1); and Treasury of the United States. AUTHORITY FOR COMMITTEES TO (B) elects under sections 102(d)(1)(B)(ii) or MEET 103(c)(1)(B)(ii) to expend a portion of those SEC. 403. REGULATIONS. funds in accordance with this title. The Secretaries concerned may jointly COMMITTEE ON BANKING, HOUSING, AND URBAN (2) COUNTY FUNDS.—The term ‘‘county issue regulations to carry out the purposes AFFAIRS funds’’ means all funds an eligible county of this Act. Mr. ROTH. Mr. President, I ask unan- elects under sections 102(d)(1)(B)(ii) and SEC. 404. CONFORMING AMENDMENTS. imous consent that the Committee on 103(c)(1)(B)(ii) to reserve for expenditure in Sections 13982 and 13983 of the Omnibus Banking, Housing, and Urban Affairs accordance with this title. Budget Reconciliation Act of 1993 (Public be authorized to meet during the ses- SEC. 302. USE OF COUNTY FUNDS. Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. sion of the Senate on Wednesday, Sep- (a) LIMITATION OF COUNTY FUND USE.— 1181fnote) are repealed. tember 13, 2000, to conduct a sympo- County funds shall be expended solely on TITLE V—THE MINERAL REVENUE projects that meet the requirements of this PAYMENTS CLARIFICATION ACT OF 2000 sium on circulating coin design. title and section 205 of this Act; except that: The PRESIDING OFFICER. Without SEC. 501. SHORT TITLE. the projects shall be approved by the partici- objection, it is so ordered. This Act may be cited as the ‘‘The Mineral pating county rather than the Secretary COMMITTEE ON COMMERCE, SCIENCE, AND concerned. Revenue Payments Clarification Act of 2000’’. TRANSPORTATION (b) AUTHORIZED USES.— Mr. ROTH. Mr. President, I ask unan- (1) SEARCH, RESCUE, AND EMERGENCY SERV- SEC. 502. FINDINGS. imous consent that the Committee on ICES.—An eligible county or applicable sher- The Congress finds the following: iff’s department may use these funds as re- (1) Subtitle C of title X of the Omnibus Commerce, Science, and Transpor- imbursement for search and rescue and other Budget Reconciliation Act of 1993 (Public tation be authorized to meet on emergency services, including fire fighting, Law 103–66) changed the sharing of onshore Wednesday, September 13, 2000, at 9:30 performed on Federal lands and paid for by mineral revenues and revenues from geo- a.m. on marketing violence to chil- the county. thermal steam from a 50:50 split between the dren. (2) COMMUNITY SERVICE WORK CAMPS.—An Federal Government and the States to a The PRESIDING OFFICER. Without eligible county may use these funds as reim- complicated formula that entailed deducting objection, it is so ordered. bursement for all or part of the costs in- from the State share of leasing revenues ‘‘50 curred by the county to pay the salaries and percent of the portion of the enacted appro- COMMITTEE ON ENERGY AND NATURAL benefits of county employees who supervise priations of the Department of the Interior RESOURCES adults or juveniles performing mandatory and any other agency during the preceding Mr. ROTH. Mr. President I ask unan- community service on Federal lands. fiscal year allocable to the administration of imous consent that the Committee on

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8514 CONGRESSIONAL RECORD — SENATE September 13, 2000 Energy and Natural Resources be au- The PRESIDING OFFICER. Without Forest System lands managed by the Forest thorized to meet during the session of objection, it is so ordered. Service, and the revested Oregon and Cali- fornia Railroad and reconveyed Coos Bay the Senate on Wednesday, September SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND Wagon Road grant lands managed predomi- 13, for purposes of conducting a Full WATER nately by the Bureau of Land Management, Committee business meeting which is Mr. ROTH. Mr. President, I ask unan- for use by the counties in which the lands scheduled to begin at 9:30 a.m. The pur- imous consent that the Subcommittee are situated for the benefit of the public pose of this business meeting is to con- on Fisheries, Wildlife, and Water be au- schools, roads, emergency and other public sider pending calendar business. thorized to meet during the session of purposes; to encourage and provide new The PRESIDING OFFICER. Without the Senate on Wednesday, September mechanisms for cooperation between coun- objection, it is so ordered. 13, 9:30 a.m. to conduct a hearing to re- ties and the Forest Service and the Bureau COMMITTEE ON FOREIGN RELATIONS ceive testimony on the Draft Biologi- of Land Management to make necessary in- Mr. ROTH. Mr. President, I ask unan- cal Opinions by the National Marine vestments in Federal lands, and reaffirm the imous consent that the Committee on positive connection between Federal Lands Fisheries Service and U.S. Fish and counties and Federal Lands; and for other Foreign Relations be authorized to Wildlife Service on the operation of the purposes. meet during the session of the Senate Federal Columbia River Power System There being no objection, the Senate on Wednesday, September 13, 2000 at and the Federal Caucus draft 2:00 p.m. to hold a hearing. proceeded to consider the bill, which Basinwide Salmon Recovery Strategy. had been reported from the Committee The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without on Energy and Natural Resources, with objection, it is so ordered. objection, it is so ordered. an amendment to strike all after the COMMITTEE ON GOVERNMENTAL AFFAIRS SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS Mr. ROTH. Mr. President, I ask unan- enacting clause and insert in lieu Mr. ROTH. Mr. President, I ask unan- thereof the following: imous consent that the Committee on imous consent that the Subcommittee SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Governmental Affairs be authorized to on Forests and Public Lands of the meet on Wednesday, September 13, 2000 (a) SHORT TITLE.—This Act may be cited as Committee on Energy and Natural Re- the ‘‘Secure Rural Schools and Community Self- at 9:00 a.m. for a hearing to consider sources be authorized to meet during Determination Act of 2000’’. the nominations of Gerald Fisher and the session of the Senate on Wednes- (b) TABLE OF CONTENTS.—The table of con- John Ramsey Johnson to be Associate day, September 13, at 2:15 p.m. to con- tents of this Act is as follows: Judges of the Superior Court of the duct a hearing. The subcommittee will Sec. 1. Short title; table of contents. District of Columbia. receive testimony on S. 2873, a bill to Sec. 2. Findings and purpose. The PRESIDING OFFICER. Without provide for all right, title, and interest Sec. 3. Definitions. objection, it is so ordered. in and to certain property in Wash- TITLE I—SECURE PAYMENTS FOR STATES COMMITTEE ON INDIAN AFFAIRS ington County, Utah, to be vested in AND COUNTIES CONTAINING FEDERAL LANDS Mr. ROTH. Mr. President, I ask unan- the United States; H.R. 3676, a bill to imous consent that the Committee on establish the Santa Rosa and San Sec. 101. Determination of full payment amount Indian Affairs be authorized to hold a for eligible States and counties. Jacinto Mountains National Monument Sec. 102. Payments to States from Forest Service business meeting on September 13, 2000, in the State of California; and its com- in the Russell Senate Office Building lands for use by counties to ben- panion, S. 2784, a bill entitled, ‘‘Santa efit public education and trans- room number 485, immediately fol- Rosa and San Jacinto Mountains Na- portation. lowing the 2:30 p.m. hearing on S. 2899, tional Monument Act of 2000’’; S. 2865, Sec. 103. Payments to counties from Bureau of where S. 2920, a bill to amend the In- a bill to designate certain land of the Land Management lands for use dian Gaming Regulatory Act; S. 2688, a National Forest System located in the to benefit public safety, law en- bill to amend the Native American forcement, education, and other State of Virginia as wilderness; S. 2956 public purposes. Languages Act; and S. 2899, a bill to ex- and its companion bill, H.R. 4275, a bill press the policy of the United States TITLE II—SPECIAL PROJECTS ON FEDERAL to establish the Colorado Canyons Na- LANDS regarding the United States’ relation- tional Conservation Area and the ship with Native Hawaiians, will be Sec. 201. Definitions. Black Ridge Canyons Wilderness, and Sec. 202. General limitation on use of project considered. for other purposes; and S. 2977, a bill to The PRESIDING OFFICER. Without funds. assist in the establishment of an inter- Sec. 203. Submission of project proposals. objection, it is so ordered. pretive center and museum in the vi- Sec. 204. Evaluation and approval of projects COMMITTEE ON SMALL BUSINESS cinity of the Diamond Valley Lake in by Secretary concerned. Mr. ROTH. Mr. President, I ask unan- southern California to ensure the pro- Sec. 205. Resource advisory committees. imous consent that the Committee on Sec. 206. Use of project funds. tection and interpretation of the pale- Sec. 207. Availability of project funds. Small Business be authorized to meet ontology discoveries made at the lake TITLE III—MISCELLANEOUS PROVISIONS during the session of the Senate on and to develop a trail system for the Wednesday, September 13, 2000, begin- Sec. 301. Authorization of appropriations. lake for use by pedestrians and Sec. 302. Treatment of funds and revenues. ning at 9:30 a.m. in room 428A of the nonomotorized vehicles. Russell Senate Office Building to hold Sec. 303. Regulations. The PRESIDING OFFICER. Without Sec. 304. Conforming amendments. a roundtable entitled ‘‘What Is Con- objection, it is so ordered. SEC. 2. FINDINGS AND PURPOSE. tract Bundling?’’. f (a) FINDINGS.—The Congress finds the fol- The PRESIDING OFFICER. Without lowing: objection, it is so ordered. SECURE RURAL SCHOOLS AND (1) The National Forest System, which is man- SPECIAL COMMITTEE ON AGING COMMUNITY SELF-DETERMINA- aged by the United States Forest Service, was Mr. ROTH. Mr. President, I ask unan- TION ACT OF 1999 established in 1907 and has grown to include ap- imous consent that the Special Com- Mr. CRAIG. Mr. President, I am proximately 192,000,000 acres of Federal lands. (2) The public domain lands known as re- mittee on Aging be authorized to meet pleased my colleague from Oregon has Wednesday, September 13, 2000 from vested Oregon and California Railroad grant joined with me on the floor as we now lands and the reconveyed Coos Bay Wagon 10:30 a.m.–12:30 p.m. in Dirksen 608 for consider, by unanimous consent, a key Road grant lands, which are managed predomi- the purpose of conducting a hearing. piece of legislation on which he, Sen- nately by the Bureau of Land Management The PRESIDING OFFICER. Without ator WYDEN, and I have been working. were returned to Federal ownership in 1916 and objection, it is so ordered. I ask unanimous consent the Senate 1919 and now comprise approximately 2,600,000 SELECT COMMITTEE ON INTELLIGENCE now proceed to the consideration of acres of Federal lands. Mr. ROTH. Mr. President, I ask unan- Calendar No. 520, S. 1608. (3) Congress recognized that, by its decision to imous consent that the Select Com- The PRESIDING OFFICER. The secure these lands in Federal ownership, the mittee on Intelligence be authorized to counties in which these lands are situated clerk will report the bill by title. would be deprived of revenues they would other- meet during the session of the Senate The assistant legislative clerk read wise receive if the lands were held in private on Wednesday, September 13, 2000 at as follows: ownership. 2:00 p.m. to hold a closed hearing on in- A bill (S. 1608) to provide annual payments (4) These same counties have expended public telligence matters. to the States and counties from National funds year after year to provide services, such

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(H) General resource stewardship. to eligible States and eligible counties under this (5) To accord a measure of compensation to (3) to improve cooperative relationships among title, the Secretary of the Treasury shall adjust the affected counties for the critical services the people that use and care for Federal lands the full payment amount for the previous fiscal they provide to both county residents and visi- and the agencies that manage these lands. year for each eligible State and eligible county tors to these Federal lands, Congress determined SEC. 3. DEFINITIONS. to reflect changes in the consumer price index that the Federal Government should share with In this Act: for rural areas (as published in the Bureau of these counties a portion of the revenues the (1) FEDERAL LANDS.—The term ‘‘Federal Labor Statistics) that occur after publication of United States receives from these Federal lands. lands’’ means— that index for fiscal year 2000. (6) Congress enacted in 1908 and subsequently (A) lands within the National Forest System, SEC. 102. PAYMENTS TO STATES FROM NATIONAL amended a law that requires that 25 percent of as defined in section 11(a) of the Forest and FOREST SYSTEM LANDS FOR USE BY the revenues derived from National Forest Sys- Rangeland Renewable Resources Planning Act COUNTIES TO BENEFIT PUBLIC EDU- CATION AND TRANSPORTATION. tem lands be paid to States for use by the coun- of 1974 (16 U.S.C. 1609(a)) exclusive of the Na- (a) REQUIREMENT FOR PAYMENTS TO ELIGIBLE ties in which the lands are situated for the ben- tional Grasslands administered pursuant to the STATES.—The Secretary of the Treasury shall efit of public schools and roads. Act of July 22, 1937 (7 U.S.C. 1010–10912); and make to each eligible State a payment in accord- (7) Congress enacted in 1937 and subsequently (B) the Oregon and California Railroad grant ance with subsection (b) for each fiscal year be- amended a law that requires that 75 percent of lands revested in the United States by the Act of ginning in fiscal year 2000. The payment for a the revenues derived from the revested and re- June 9, 1916 (chapter 137; 39 Stat. 218), Coos Bay fiscal year shall be made as soon as practicable conveyed grant lands be paid to the counties in Wagon Road grant lands reconveyed to the after the end of that fiscal year. which those lands are situated to be used as are United States by the Act of February 26, 1919 (b) PAYMENT AMOUNTS.—Except as provided other county funds, of which 50 percent is to be (chapter 47; 40 Stat. 1179), and subsequent addi- used as other county funds. in subsection (c), the payment to an eligible tions to such lands. State for a fiscal year shall consist of the 25-per- (8) For several decades primarily due to the LIGIBILITY PERIOD.—The term ‘‘eligibility (2) E cent payment applicable to that State for that growth of the Federal timber sale program, period’’ means fiscal year 1984 through fiscal counties dependent on and supportive of these fiscal year as described in section 3(6). year 1999. (c) ELECTION TO RECEIVE FULL PAYMENT Federal lands received and relied on increasing (3) ELIGIBLE COUNTY.—The term ‘‘eligible AMOUNT.— shares of these revenues to provide funding for county’’ means a county or borough that re- (1) An eligible State may elect to receive the schools and road maintenance. ceived 50-percent payments for one or more fis- full payment amount as described in sections (9) In recent years, the principal source of cal years of the eligibility period or a county or 101(a)(1) and 101(b), in lieu of the payment de- these revenues, Federal timber sales, has been borough that received a portion of an eligible scribed in subsection (b). The election shall be sharply curtailed and, as the volume of timber State’s 25-percent payments for one or more fis- made at the discretion of each affected county sold annually from most of the Federal lands cal years of the eligibility period. The term in- and transmitted to the Secretary by the Gov- has decreased precipitously, so too have the rev- cludes a county or borough established after the ernor of a State. Each such county election enues shared with the affected counties. date of the enactment of this Act so long as the shall be effective for two fiscal years. (10) This decline in shared revenues has af- county or borough includes all or a portion of a (2) Except that, when a county elects to re- fected educational funding and road mainte- county or borough described in the preceding ceive the full payment amount, such election nance for many counties. sentence. shall be effective for all the subsequent fiscal (11) In the Omnibus Budget Reconciliation (4) ELIGIBLE STATE.—The term ‘‘eligible State’’ years. Act of 1993, Congress recognized this trend and means a State that received 25-percent payments (3) The payment to an eligible State under ameliorated its adverse consequences by pro- for one or more fiscal years of the eligibility pe- this subsection for a fiscal year shall be derived viding an alternative annual safety net pay- riod. first from any revenues, fees, penalties, or mis- ment to 72 counties in Oregon, Washington, and (5) FULL PAYMENT AMOUNT.—The term ‘‘full cellaneous receipts, exclusive of deposits to any northern California in which Federal timber payment amount’’ means the amount calculated relevant trust fund, or special accounts, re- sales had been restricted or prohibited by ad- for each eligible State and eligible county under ceived by the Federal Government from activi- ministrative and judicial decisions to protect the section 101. ties by the Forest Service on the Federal lands northern spotted owl. (6) 25-PERCENT PAYMENTS.—The term ‘‘25-per- described in subsection 3(1)(A) and/or secondly, (12) The authority for these particular safety cent payments’’ means the payments to States as determined by the Secretary of the Treasury, net payments is expiring and no comparable au- required by the sixth paragraph under the head- from any funds in the Treasury not otherwise thority has been granted for alternative pay- ing of ‘‘FOREST SERVICE’’ in the Act of May appropriated. ments to counties elsewhere in the United States 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section (d) DISTRIBUTION AND EXPENDITURE OF PAY- that have suffered similar losses in shared reve- 13 of the Act of March 1, 1911 (36 Stat. 963; 16 MENTS.— nues from the Federal lands and in the funding U.S.C. 500). (1) DISTRIBUTION METHOD.—An eligible State for schools and roads those revenues provide. (7) 50-PERCENT PAYMENTS.—The term ‘‘50-per- that elects to receive a payment under sub- (13) There is a need to stabilize education and cent payments’’ means the payments that are section (c) shall distribute the payment among road maintenance funding through predictable the sum of the 50-percent share otherwise paid all eligible counties in the State, with each eligi- payments to the affected counties, job creation to a county pursuant to title II of the Act of Au- ble county receiving the amount calculated for in those counties, and other opportunities asso- gust 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. that county in Section 101(a). ciated with restoration, maintenance, and stew- 1181f), and the payment made to a county pur- (2) EXPENDITURE PURPOSES.—Subject to sub- ardship of federal lands. suant to the Act of May 24, 1939 (chapter 144; 53 section (e), payments received by eligible States (14) Both the Forest Service and the Bureau Stat. 753; 43 U.S.C. 1181f–1 et seq.). under subsection (a) and distributed to eligible of Land Management face significant backlogs (8) SAFETY NET PAYMENTS.—The term ‘‘safety counties shall be expended in the same manner in infrastructure maintenance and ecosystem net payments’’ means the payments to States in which 25-percent payments are required to be restoration that are difficult to address through and counties required by section 13982 or 13983 expended. annual appropriations. of the Omnibus Budget Reconciliation Act of (e) EXPENDITURE RULES FOR ELIGIBLE COUN- (15) There is a need to build new, and 1993 (Public Law 103–66; 16 U.S.C. 500 note; 43 TIES.— strengthen existing, relationships and to im- U.S.C. 1181f note). (1) IN GENERAL.—Of the funds to be distrib- prove management of public lands and waters. uted to an eligible county pursuant to sub- (b) PURPOSES.—The purposes of this Act are— TITLE I—SECURE PAYMENTS FOR STATES section (d)— (1) to stabilize and make permanent payments AND COUNTIES CONTAINING FEDERAL (A) not less than 80 percent but not more than to counties to provide funding for schools and LANDS 85 percent of the funds shall be expended in the roads; SEC. 101. DETERMINATION OF FULL PAYMENT same manner in which the 25-percent payments (2) to make additional investments in, and AMOUNT FOR ELIGIBLE STATES AND are required to be expended; and create additional employment opportunities COUNTIES. (B) at the election of an eligible county, the through, projects that improve the maintenance (a) CALCULATION REQUIRED.— balance of the funds not expended pursuant to of existing infrastructure, implement steward- (1) ELIGIBLE STATES.—The Secretary of the subparagraph (A) shall either be reserved for ship objectives that enhance forest ecosystems, Treasury shall calculate for each eligible State projects in accordance with title II, or remitted and restore and improve land health and water an amount equal to the average of the three to the fund created by section 302(b). quality. Such projects shall enjoy broad-based highest 25-percent payments and safety net pay- (2) DEPOSIT OF FUNDS IN SPECIAL ACCOUNT.— support with objectives that may include, but ments made to the eligible counties in that State Funds reserved by an eligible county under are not limited to: for fiscal years of the eligibility period, paragraph (1) shall be deposited in a special ac- (A) Road, trail, and infrastructure mainte- (2) BLM COUNTIES.—The Secretary of the count in the Treasury of the United States and nance or obliteration; Treasury shall calculate for each eligible county shall be available for expenditure by the Sec- (B) Soil productivity improvement; that received a 50-percent payment during the retary of Agriculture, without further appro- (C) Improvements in forest ecosystem health; eligibility period an amount equal to the aver- priation, and shall remain available until ex- (D) Watershed restoration and maintenance; age of the three highest 50-percent payments pended in accordance with title II.

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(3) ELECTION.— subsection (c) in the same manner in which the a resource advisory committee established under (A) GENERAL.—An eligible county shall notify 50-percent payments are required to be expended section 205. the Secretary of Agriculture of its election under and remitted the balance to the fund created by (b) REQUIRED DESCRIPTION OF PROJECTS.—In this subsection not later than September 30 of section 302(b). submitting proposed projects to the Secretary each fiscal year. If the eligible county fails to TITLE II—SPECIAL PROJECTS ON concerned under subsection (a), a resource advi- make an election by that date, the county is FEDERAL LANDS sory committee shall include in the description deemed to have elected to expend 85 percent of of each proposed project the following informa- SEC. 201. DEFINITIONS. the funds to be received under subsection (c) in tion: In this title: the same manner in which the 25-percent pay- (1) The purpose of the project and a descrip- (1) PARTICIPATING COUNTY.—The term ‘‘par- ments are required to be expended, and remitted tion of how the project will meet the purposes of ticipating county’’ means an eligible county the balance to the fund created by Section this Act. that— (2) The anticipated duration of the project. 302(b). (A) receives Federal funds pursuant to section (B) COUNTIES WITH MINOR DISTRIBUTIONS.— (3) The anticipated cost of the project. 102 or 103; and (4) The proposed source of funding for the Notwithstanding the expenditure rules in this (B) elects under sections 102(e)(3) or 103(d)(3) project, whether project funds or other funds. subsection, in the case of each eligible county to to expend a portion of those funds in accord- (5) Expected outcomes, including how the which less than $100,000 is distributed for any ance with sections 102(e)(1)(B) or 103(d)(3). project will meet or exceed desired ecological fiscal year pursuant to subsection (c), the eligi- (2) PROJECT FUNDS.—The term ‘‘project conditions, maintenance objectives, or steward- ble county may elect to expend all such funds in funds’’ means all funds an eligible county elects ship objectives, as well as an estimation of the accordance with subsection (d). under sections 102(e)(3) and 103(d)(3) to reserve amount of any timber, forage, and other com- SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU for expenditure under sections 102(e)(1)(B) or modities and other economic activity, including OF LAND MANAGEMENT LANDS FOR 103(d)(2) for expenditure in accordance with this jobs generated, if any, anticipated as part of the USE TO BENEFIT PUBLIC SAFETY, title. LAW ENFORCEMENT, EDUCATION, project. (3) RESOURCE ADVISORY COMMITTEE.—The AND OTHER PUBLIC PURPOSES. (6) A detailed monitoring plan, including term ‘‘resource advisory committee’’ means an (a) REQUIREMENT FOR PAYMENTS TO ELIGIBLE funding needs and sources, that tracks project advisory committee established by the Secretary COUNTIES.—The Secretary of the Treasury shall effectiveness, implementation, and provides for concerned under section 205, or determined by make to each eligible county that received a 50- validation monitoring. The monitoring plan the Secretary concerned to meet the require- percent payment during the eligibility period a shall include an assessment of the following: ments of section 205. payment in accordance with subsection (b) for whether or not the project created local employ- each of fiscal year in fiscal year 2000. The pay- (4) RESOURCE MANAGEMENT PLAN.—The term ‘‘resource management plan’’ means a land use ment or training opportunities, including sum- ment for a fiscal year shall be made as soon as mer youth jobs programs such as the Youth practicable after the end of that fiscal year. plan prepared by the Bureau of Land Manage- ment for units of the Federal lands described in Conservation Corps where appropriate; and (b) PAYMENT AMOUNTS.—Except as provided section 3(1)(B) pursuant to section 202 of the whether the project improved the use of, or in subsection (c), the payments to an eligible added value to, any products removed from county for a fiscal year shall consist of the 50- Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and a land and resource lands consistent with the purposes of this Act. percent payment applicable to that county for (7) An assessment that the project is to be in management plan prepared by the Forest Serv- that fiscal year as described in section 3(7). the public interest. ice for units of the National Forest System pur- (c) ELECTION TO RECEIVE FULL PAYMENT (c) AUTHORIZED PROJECTS.— suant to section 6 of the Forest and Rangeland AMOUNT.— (1) IN GENERAL.—Projects proposed under sub- Renewable Resources Planning Act of 1974 (16 (1) An eligible county may elect to receive the section (a) shall be consistent with section 2(b). U.S.C. 1604). full payment amount, as described in sections (2) SEARCH, RESCUE, AND EMERGENCY SERV- (5) SECRETARY CONCERNED.—The term ‘‘Sec- 101(a)(2) and 101(b) in lieu of the payment de- ICES.—Notwithstanding paragraph (1), a re- retary concerned’’ means the Secretary of the scribed in subsection (b). The election shall be source advisory committee may submit as a pro- Interior or his designee with respect to the Fed- made at the discretion of the county. Once the posed project under subsection (a) a proposal eral lands described in section 3(1)(B) and the election is made, it shall be effective for the fis- that the participating county or sheriff’s depart- Secretary of Agriculture or his designee with re- cal year in which the election is made and all ment receive reimbursement for search and res- spect to the Federal lands described in section subsequent fiscal years. cue and other emergency services performed on 3(1)(A). (2) The payment to an eligible county under Federal lands and paid for by the county. The this subsection for a fiscal year shall be derived SEC. 202. GENERAL LIMITATION ON USE OF source of funding for an approved project of this first from any revenues, fees, penalties, or mis- PROJECT FUNDS. type must be the fund created by section 302(b). cellaneous receipts, exclusive of deposits to any Project funds shall be expended solely on (3) COMMUNITY SERVICE WORK CAMPS.—Not- relevant trust fund, or special accounts, re- projects that meet the requirements of this title. withstanding paragraph (1), a resource advisory ceived by the Federal Government from activi- Project funds may be used by the Secretary con- committee may submit as a proposed project ties by the Bureau of Land Management on the cerned for the purpose of entering into and im- under subsection (a) a proposal that the partici- Federal Lands described in subsection 3(1)(B) plementing cooperative agreements with willing pating county receive reimbursement for all or and/or secondly, as determined by the Secretary Federal agencies, State and local governments, part of the costs incurred by the county to pay of the Treasury, from any funds in the Treasury private and nonprofit entities, and landowners the salaries and benefits of county employees not otherwise appropriated. for protection, restoration and enhancement of who supervise adults or juveniles performing (d) EXPENDITURE RULES FOR ELIGIBLE COUN- fish and wildlife habitat, and other resource ob- mandatory community service on Federal lands. jectives consistent with the purposes of this title TIES.— SEC. 204. EVALUATION AND APPROVAL OF (1) IN GENERAL.—Of the funds to be distrib- on public or private land or both that benefit PROJECTS BY SECRETARY CON- uted to an eligible county pursuant to sub- these resources within the watershed. CERNED. section (d)— SEC. 203. SUBMISSION OF PROJECT PROPOSALS. (a) CONDITIONS FOR APPROVAL OF PROPOSED (A) Not less than 80 percent but not more than (a) SUBMISSION OF PROJECT PROPOSALS TO PROJECT.—The Secretary concerned may make a 85 percent of the funds distributed to the eligible SECRETARY CONCERNED.— decision to approve a project submitted by a re- county shall be expended in the same manner in (1) PROJECTS FUNDED USING PROJECT FUNDS.— source advisory committee under section 203 which the 50-percent payments are required to Not later than September 30 for fiscal year 2001, only if the proposed project satisfies each of the be expended; and and each September 30 thereafter for each suc- following conditions: (B) At the election of an eligible county, the ceeding fiscal year, each resource advisory com- (1) The project complies with all applicable balance of the funds not expended pursuant to mittee established under section 205 shall submit Federal laws and regulations. subparagraph (A) shall either be reserved for to the Secretary concerned a description of any (2) The project is consistent with the applica- projects in accordance with title II, or remitted projects that the resource advisory committee ble resource management plan and with any to the fund created by section 302(b). proposes the Secretary undertake using any watershed or subsequent plan developed pursu- (2) DEPOSIT OF FUNDS IN SPECIAL ACCOUNT.— project funds reserved. ant to the resource management plan and ap- Funds reserved by an eligible county under (2) PROJECTS FUNDED USING OTHER FUNDS.—A proved by the Secretary concerned. paragraph (1) shall be deposited in a special ac- resource advisory committee may submit to the (3) The project has been approved by the re- count in the Treasury of the United States and Secretary concerned a description of any source advisory committee in accordance with shall be available for expenditure by the Sec- projects that the committee proposes the Sec- section 205, including the procedures issued retary of the Interior, without further appro- retary undertake using funds from State or local under subsection (e) of such section. priation, and shall remain available until ex- governments, from the private sector, or funds (4) A project description has been submitted pended in accordance with title II. held by the Secretary concerned pursuant to by the resource advisory committee to the Sec- (3) ELECTION.—An eligible county shall notify section 302(b), other than project funds and retary concerned in accordance with section 203. the Secretary of the Interior of its election under funds appropriated and otherwise available to (b) ENVIRONMENTAL REVIEWS.— this subsection not later than September 30 of do similar work. (1) PAYMENT OF REVIEW COSTS.— each fiscal year under subsection (d). If the eli- (3) JOINT PROJECTS.—Participating counties or (A) REQUEST FOR PAYMENT BY COUNTY.—The gible county fails to make an election by that other persons may propose to pool project funds Secretary concerned may request the resource date, the county is deemed to have elected to ex- or other funds, described in paragraph (2), and advisory committee submitting a proposed pend 85 percent on the funds received under jointly propose a project or group of projects to project to agree to the use of project funds to

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pay for any environmental review, consultation, (2) PURPOSE.—The purpose of a resource advi- (C) 5 persons who— or compliance with applicable environmental sory committee shall be to improve collaborative (i) hold state elected office or their designee; laws required in connection with the project. relationships and to provide advice and rec- (ii) hold county or local elected office; When such a payment is requested and the re- ommendations to the land management agencies (iii) represent American Indian tribes within source advisory committee agrees to the expendi- consistent with the purposes of this Act. or adjacent to the area for which the committee ture of funds for this purpose, the Secretary (3) ACCESS TO RESOURCE ADVISORY COMMIT- is organized; concerned shall conduct environmental review, TEES.—To ensure that each unit of Federal land (iv) are school officials or teachers; or consultation, or other compliance responsibil- has access to a resource advisory committee, and (v) represent the affected public at large. ities in accordance with Federal law and regula- that there is sufficient interest in participation (3) BALANCED REPRESENTATION.—In appoint- tions. on a committee to ensure that membership can ing committee members from the three categories (B) EFFECT OF REFUSAL TO PAY.—If a resource be balanced in terms of the points of view rep- in paragraph (2), the Secretary concerned shall advisory committee does not agree to the ex- resented and the functions to be performed, the provide for balanced and broad representation penditure of funds under subparagraph (A), the Secretary concerned may, establish resource ad- from within each category. project shall be deemed withdrawn from further visory committees for part of, or one or more, (4) GEOGRAPHIC DISTRIBUTION.—The members consideration by the Secretary concerned pursu- units of Federal lands. of a resource advisory committee shall reside ant to this title. Such a withdrawal shall be (4) EXISTING ADVISORY COMMITTEES.—Existing within the State in which the committee has ge- deemed to be a rejection of the project for pur- advisory committees meeting the requirements of ographic jurisdiction. poses of section 207(c). this section may be deemed by the Secretary (5) CHAIRPERSON.—A majority on each re- (c) DECISIONS OF SECRETARY CONCERNED.— concerned, as a resource advisory committee for source advisory committee shall select the chair- (1) REJECTION OF PROJECTS.—A decision by the the purposes of the title. The Secretary of the person of the committee. Secretary concerned to reject a proposed project Interior may deem a resource advisory com- (e) APPROVAL PROCEDURES.— (1) Subject to paragraph (2), each resource ad- shall be at the Secretary’s sole discretion. Not- mittee meeting the requirements of part 1780, visory committee shall establish procedures for withstanding any other provision of law, a deci- subpart 1784 of title 43, Code of Federal Regula- defining a quorum and proposing projects to the sion by the Secretary concerned to reject a pro- tions, as a resource advisory committee for the Secretary concerned. A quorum must be present posed project shall not be subject to administra- purposes of this title. to constitute an official meeting of the com- tive appeal or judicial review. Within 30 days (b) DUTIES.—A resource advisory committee mittee. after making the rejection decision, the Sec- shall— (2) A project may be proposed by a resource retary concerned shall notify in writing the re- (1) review projects proposed by participating advisory committee to the Secretary concerned source advisory committee that submitted the counties and other persons; under section 203(a) if it has been approved by proposed project of the rejection and the reasons (2) propose projects and funding to the Sec- a majority of members of the committee from for rejection. retary concerned under section 203; each of the three categories in subsection (c)(2). (2) NOTICE OF PROJECT APPROVAL.—The Sec- (3) provide early and continuous coordination (f) OTHER COMMITTEE AUTHORITIES AND RE- retary concerned shall publish in the Federal with appropriate land management agency offi- QUIREMENTS.— Register notice of each project approved under cials in recommending projects consistent with (1) STAFF ASSISTANCE.—A resource advisory subsection (a) if such notice would be required purposes of this Act; and committee may submit to the Secretary con- had the project originated with the Secretary. (4) provide frequent opportunities for citizens, organizations, Tribes, land management agen- cerned a request for periodic staff assistance (d) SOURCE AND CONDUCT OF PROJECT.—Once from Federal employees under the jurisdiction of the Secretary concerned accepts a project for re- cies, and other interested parties to participate the Secretary. view under section 204, it shall be deemed a Fed- openly and meaningfully, beginning at the early (2) MEETINGS.—All meetings of a resource ad- eral action for all purposes. stages of the project development processs. (c) APPOINTMENT BY THE SECRETARY.— visory committee shall be announced at least (e) IMPLEMENTATION OF APPROVED (1) APPOINTMENT AND TERM.—The Secretary one week in advance in a local newspaper of PROJECTS.— concerned, shall appoint the members of re- record and shall be open to the public. (1) COOPERATION.—Notwithstanding chapter source advisory committees for a term of 3 years (3) RECORDS.—A resource advisory committee 63 of title 31, United States Code, the Secretary beginning on the date of appointment. The Sec- shall maintain records of the meetings of the concerned may enter into contracts, grants, and retary concerned may reappoint members to sub- committee and make the records available for cooperative agreements with States and local sequent 3-year terms. public inspection. governments, private and nonprofit entities, and (2) BASIC REQUIREMENTS.—The Secretary con- SEC. 206. USE OF PROJECT FUNDS. landowners and other persons to assist the Sec- cerned shall ensure that each resource advisory (a) AGREEMENT REGARDING SCHEDULE AND retary in carrying out an approved project. committee established meets the requirements of COST OF PROJECT.— (2) BEST VALUE CONTRACTING.—For any subsection (d). (1) AGREEMENT BETWEEN PARTIES.—The Sec- project involving a contract authorized by para- (3) INITIAL APPOINTMENT.—The Secretary con- retary concerned may carry out a project sub- graph (1) the Secretary concerned may elect a cerned shall make initial appointments to the re- mitted by a resource advisory committee under source for performance of the contract on a best source advisory committees not later than 180 section 203(a) using project funds or other funds value basis. The Secretary concerned shall de- days after the date of the enactment of this Act. described in section 203(a)(2), if, as soon as termine best value based on such factors as: (4) VACANCIES.—The Secretary concerned practicable after the issuance of a decision doc- (A) The technical demands and complexity of shall make appointments to fill vacancies on ument for the project and the exhaustion of all the work to be done. any resource advisory committee as soon as administrative appeals and judicial review of (B) The ecological objectives of the project practicable after the vacancy has occurred. the project decision, the Secretary concerned and the sensitivity of the resources being treat- (5) COMPENSATION.—Members of the resource and the resource advisory committee enter into ed. advisory committees shall not receive any com- an agreement addressing, at a minimum, the fol- (C) The past experience by the contractor with pensation. lowing: the type of work being done, using the type of (d) COMPOSITION OF ADVISORY COMMITTEE.— (A) The schedule for completing the project. equipment proposed for the project, and meeting (1) NUMBER.—Each resource advisory com- (B) The total cost of the project, including the or exceeding desired ecological conditions. mittee shall be comprised of 15 members. level of agency overhead to be assessed against (2) COMMUNITY INTERESTS REPRESENTED.— (D) The commitment of the contractor to hir- the project. ing highly qualified workers and local residents. Committee members shall be representative of (C) For a multi-year project, the estimated (3) MERCHANTABLE MATERIALS SALES CON- the interests of the following categories: cost of the project for each of the fiscal years in (A) 5 persons who— TRACTING PILOT PROJECTS.—Until September 30, which it will be carried out. (i) represent organized labor; 2004, for a portion of the contracts issued under (D) The remedies for failure of the Secretary (ii) represent developed outdoor recreation, off this paragraph, the Secretary concerned shall concerned to comply with the terms of the agree- highway vehicle users, or commercial recreation provide for the disposal of the forest products ment consistent with current Federal law. activities; under a separate contract. Within one year of (2) LIMITED USE OF FEDERAL FUNDS.—The Sec- the completion of the contracts authorized (iii) represent energy and mineral development interests; retary concerned may decide, at the Secretary’s under this paragraph, the Secretary shall report sole discretion, to cover the costs of a portion of to the Committee on Energy and Natural Re- (iv) represent the commercial timber industry; or an approved project using Federal funds appro- sources of the United States Senate and the priated or otherwise available to the Secretary Committee of Resources of the United States (v) hold Federal grazing permits, or other land use permits within the area for which the com- for the same purposes as the project. House of Representatives on the environmental (b) TRANSFER OF PROJECT FUNDS.— and fiscal results of these projects. mittee is organized. (B) 5 persons representing— (1) INITIAL TRANSFER REQUIRED.—As soon as SEC. 205. RESOURCE ADVISORY COMMITTEES. (i) nationally recognized environmental orga- practicable after the agreement is reached under (a) ESTABLISHMENT AND PURPOSE OF RE- nizations; subsection (a) with regard to a project to be SOURCE ADVISORY COMMITTEES.— (ii) regionally or locally recognized environ- funded in whole or in part using projects funds, (1) ESTABLISHMENT.—The Secretary concerned mental organizations; or other funds described in section 203(a)(2), the shall establish and maintain a resource advisory (iii) dispersed recreational activities; Secretary concerned shall transfer to the appli- committee to perform the duties in subsection (iv) archeological and historical interests; or cable unit of National Forest Systems lands or (b), except as provided in paragraphs (3) and (v) nationally or regionally recognized wild BLM District an amount of project funds equal (4). horse and burro interest groups. to—

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8518 CONGRESSIONAL RECORD — SENATE September 13, 2000 (A) in the case of a project to be completed in from any such funds shall be deposited and re- The bill is supported by a unique coali- a single fiscal year, the total amount specified tained without further appropriation in a na- tion of more than 1000 organizations in the agreement to be paid using project funds, tional fund and available to the Secretary con- across 50 states including county offi- or other funds described in section 203(a)(2); or cerned to fund projects authorized pursuant to cials, educators, teachers unions, labor (B) in the case of a multi-year project, the section 203. The Secretary concerned shall amount specified in the agreement to be paid prioritize expenditures from this fund and shall unions, and local businesses. This bill using project funds, or other funds described in identify, in an annual report to the Committee is truly a community-based solution to section 203(a)(2) for the first fiscal year. on Energy and Natural Resources of the United a national crisis. It is very, very rare (2) CONDITION ON PROJECT COMMENCEMENT.— States Senate and the Committee on Resources indeed, to bring a bill to the Senate The unit of National Forest System lands or of the United States House of Representatives, floor that enjoys the breadth of sup- BLM District concerned, shall not commence a all projects receiving funds pursuant to this sub- port represented by the groups in favor project until the project funds, or other funds section. of S. 1608. described in section 203(a)(2) required to be SEC. 303. REGULATIONS. S. 1608 also provides funds to invest transferred under paragraph (1) for the project, The Secretaries concerned may jointly issue have been made available by the Secretary con- in collaborative improvement projects regulations to carry out the purposes of this to address high priority forest manage- cerned. Act. (3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR ment needs such as: infrastructure im- SEC. 304. CONFORMING AMENDMENTS. PROJECTS.—For the second and subsequent fis- provement, fuel and fire reduction, eco- Section 13982 of the Omnibus Budget Rec- cal years of a multi-year project to be funded in onciliation Act of 1993 (116 U.S.C. 500 note) is system restoration, stewardship whole or in part using project funds, the unit of repealed. Sections 13982 and 13983 of the Omni- projects and watershed protection and National Forest System lands or BLM District bus Budget Reconciliation Act of 1993 (Public restoration. In addition, these coopera- concerned shall use the amount of project funds Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f tive county projects will contribute to required to continue the project in that fiscal note) is repealed. year according to the agreement entered into local community economic self-suffi- under subsection (a). The Secretary concerned Mr. CRAIG. Mr. President, S. 1608, ciency and family social stability. As shall suspend work on the project if the project the Secure Rural Schools and Commu- reported, S. 1608 is a win-win solution funds required by the agreement in the second nity Self-Determination Act of 1999, for all of rural America; our school and subsequent years fiscal years are not avail- solves a severe crisis in America’s children, our educators, our working able. rural, forest counties driven by the pre- families, our counties, and our SEC. 207. AVAILABILITY OF PROJECT FUNDS. cipitous decline in federal timber re- forestlands. (a) SUBMISSION OF PROPOSED PROJECTS TO ceipts over the last decade. The bill Mr. WYDEN. Mr. President, many OBLIGATE FUNDS.—By the end of each fiscal provides vital payments to schools and folks in rural Oregon and other parts of year, a resource advisory committee shall submit rural America believe the Federal Gov- to the Secretary concerned pursuant to section counties, while providing option to di- 203(a)(1) a sufficient number of project pro- rect a portion of the payments to the ernment has abandoned them. They posals that, if approved, would result in the ob- development of local projects to ad- think Washington, D.C. has reneged on ligation of at least the full amount of the project dress the needs of our families and for- a decades-long commitment to support funds reserved by the participating county in ests. their schools and roads with revenue the preceding fiscal year. S. 1608 provides equity and increased from timber harvested on Federal (b) USE OR TRANSFER OF UNOBLIGATED educational opportunities for rural lands. People in timber-dependent FUNDS.— rural America think they are being left (1) If a resource advisory committee fails to school children. States that are domi- comply with subsection (a) for a fiscal year, any nated by federally owned lands are fac- behind to live in economic sacrifice project funds reserved by the participating ing a dual economic and educational zones. county in the preceding fiscal year and remain- crisis. Policy changes in Washington, DC., ing unobligated shall be available for use as Our nation contains almost 800 forest affecting logging on national forest part of the project submissions in the next fiscal counties; 2,000 forest school districts; across this country have caused timber year. 600,000 rural families, and more than 4 receipts to fall an average of 70 percent (2) Any funds not used because a county fails million school children who depend over the last 15 years, and by as much to elect under section 102(e)(3) or section as 90 percent in some areas. As timber 103(d)(3) to expend monies for local projects upon rural public schools for their edu- shall be remitted to the fund created by section cation. These children deserve the receipts disappeared, roads fell deeper 302(b). same educational opportunities as into disrepair, school programs were (c) EFFECT OF REJECTION OF PROJECTS.—Any their counterparts in urban areas. cut to the bone, and some schools even project funds reserved by a participating county Mosr urban areas across America had to close their doors at least 1 day in the preceding fiscal year that are unobligated witnessed unprecedented prosperity a week. Our fellow citizens who live in at the end of a fiscal year because the Secretary throughout the 1990s. However, in our rural America should not be just an concerned has rejected one or more proposed rural forest counties, the decade has afterthought in our warp-speed world. projects shall be available for use as part of the The legislation before us, the Secure project submissions in the next fiscal year. been a one-way slide toward poverty, (d) EFFECT OF COURT ORDERS.—If an ap- unemployment, and a lower standard of Rural Schools and Community Self-De- proved project is enjoined or prohibited by a living for communities, families and termination Act, will renew the com- Federal court under this Act, the Secretary con- children. pact with timber-dependent commu- cerned shall use unobligated project funds re- And it is our children who have borne nities without compromising our com- lated to that project in the participating county the brunt of the harm. Rural children mitment to environmentally sound or counties that reserved the funds. The re- have been faced with: stewardship of our forests. It will give turned funds shall be available for the county to School closings; school days and people in rural counties the financial expend in the same manner as the funds re- served by the county under section 102(e)(1)(B) weeks shortened; class sizes increased predictability they need to step into or 103(d)(1)(B), whichever applies to the funds due to teacher layoffs; classroom aides the 21st century. involved. eliminated; counseling, nursing, and Since 1908, people in rural counties TITLE III—MISCELLANEOUS PROVISIONS psychological services cut or elimi- across this country have lived by a compact with the Federal Government. SEC. 301. AUTHORIZATION OF APPROPRIATIONS. nated; music, art, athletic, and aca- There are hereby authorized to be appro- demic enrichment programs elimi- As compensation for paying no prop- priated such sums as are necessary to carry out nated; and student transportation serv- erty taxes, the Federal Government this Act for fiscal years 2001 through 2007. ices and winter road maintenance would give the counties a quarter of SEC. 302. TREATMENT OF FUNDS AND REVENUES. scaled back or eliminated. the timber revenue. For decades, this (a) Funds appropriated pursuant to the au- The bill’s guaranteed payments will arrangement provide adequate funds to thorization of appropriations in section 301 and provide critical resources for our chil- sustain schools, roads and other basic funds made available to a Secretary concerned dren. It will allow our teachers to once county services, like emergency res- under section 206 shall be in addition to any again provide them with a quality edu- cue. But when timber harvests began other annual appropriations for the Forest Serv- cation. to drop off and timber jobs were lost, ice and the Bureau of Land Management. (b) Any and all revenues generated from In crafting S. 1608, Senator WYDEN little effort was made to help offset the projects pursuant to title II, any funds remitted and I were assisted by local community shortfall, and citizens in rural counties by counties pursuant to section 102(e)(1)(B) or representatives who work, live, and felt betrayed by the government in section 103(d)(1)(B), and any interest accrued represent thousands of rural citizens. Washington, DC. We are not talking

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8519 about a few isolated communities in re- project must—and I quote from the bill communities, making forest restora- mote areas of America. Timber-depend- here—‘‘improve the maintenance of ex- tion a cornerstone of the bill. Counties ent communities are found in 709 coun- isting infrastructure, implement stew- have choices as to how and how much ties in 42 states. Some 800,000 school ardship objectives that enhance forest they receive so they are able to deter- children and millions of people live in ecosystems, and restore and improve mine the best allocation of funds: these counties. Thirty-one of 36 coun- land health and water quality’’ on the whether to support forest health, job ties in my State of Oregon receive tim- national forests. creation, ecosystem restoration or a ber payments. Counties in the western County choice is critical to the bill. combination of these. Whatever the part of Oregon have been able to sur- Counties that opt not to join the pro- choice, it is an investment in both the vive because of Spotted Owl safety net gram—such as those anticipating high- future of the forest and the commu- payments, but no such safety net exists er timber receipts in the immediate fu- nity. This legislation is the product of for those in eastern Oregon. There, ture—will continue to receive pay- many months of painstaking work. Grant County, has lost 90 percent of its ments based on the existing formula, Since the beginning, it has been a bi- timber receipts, from more than $12 and they also have the option of join- partisan effort. The Energy and Nat- million down to $1 million, and the ing the program two years down the ural Resources Committee reported the county has turned to such cost-cutting road. Counties that opt to join the pro- legislation by voice vote last April, and measures as a 4-day school week. gram will get stable payments based on through negotiations with many other Under this legislation, Oregon coun- a new formula. interested Senators, we have a man- ties will get a total of $261 million a There is no doubt about it. This leg- agers’ amendment that represents a year—an increase of $115 million, or 79 islation will change the traditional dy- further refinement of the bill. percent. Of the $261 million, $222 mil- namic between logging and Federal I particularly want to thank Sen- lion would be available for schools and payments to schools and counties. But ators CRAIG and BINGAMAN, the Chair roads and $39 million will remain for altering the link between timber har- and ranking member of the Energy the counties either to invest in their vest and county payments does not Committee. Without their dedication backyard national forests or in forest- mean we seek to sever the ties between and willingness to put long hours into related county services. people and land. S. 1608 will strengthen this effort, we would not have such a The purpose of S. 1608 is to help rural the bond between communities and solid piece of legislation. I would also communities adapt to changing na- neighboring Federal forests. The like to make special note of the help of tional forest management policies by projects that would be authorized by S. Senator BAUCUS in crafting Title III creating a funding formula alternative 1608 are a way for the Federal govern- and bringing a strong focus on wildfire to timber receipts. The legislation will ment to recognize—without relaxing or prevention. I would also like to ac- ensure that the future relationship be- compromising our environmental com- knowledge the work of the staff on S. tween the people living in the 709 af- mitments—that timber towns grow not 1608. In particular, Jose Kardon, my fected rural counties and the Federal just trees, but people, too. chief of staff, and Sarah Bittleman, my Government does not depend on how When this debate began, the issues Natural Resources counsel, have done many trees are cut. Rural communities were highly polarized. On the one side yeoman’s work on this legislation. Car- will be connected to Federal lands were those who would punish the For- ole Grunberg, my legislative director, through stewardship projects, mainte- est Service for not cutting enough and Jeff Gagne, my Education advisor, nance of existing forest infrastructure, trees; on the other were those who, un- also contributed to the effort. Special ecosystem restoration and improve- intentionally, would punish our rural thanks also goes to Mark Rey of the ment of land and water quality. Coun- communities and school children by Energy Committee staff, whose steady ties will choose how to spend the Fed- not providing them the funding they so hand and creativity helped resolve so eral payment, and projects will be de- desperately need. After listening to many problems successfully; to Bob veloped by broad-based groups of local both sides and after many long discus- Simon and Kira Finkler, of the Energy citizens. Collaboration with Federal sions, Senator CRAIG and I rejected the Committee Democratic staff; and to land managers will help ensure projects extremes and sought out a middle path Brian Kuehl with Senator BAUCUS and comply with all existing environ- that would break the gridlock. The leg- Sara Barth with Senator BOXER. mental laws and regulations. The legis- islation we bring to the Senate will es- S. 1608 is supported by thousands of lation would restore stability to the 25 tablish a foundation to move rural groups, hundreds of counties, labor or- percent payments compact by ensuring communities beyond this time of cri- ganizations and school groups includ- a predictable payment level to forest sis, and, with the forest ecosystem res- ing the National Education Associa- communities for six years. The amount toration projects, put them on a path tion, National Association of Counties, going toward schools and roads would toward sustainability in this new cen- the American Federation of State, represent 80–85 percent of the three- tury. County and Municipal Employees, as year average of the highest payment One of my goals for this legislation well as the AFL–CIO. years from 1985 to the present. Unlike was to assure the counties have as I urge my colleagues to support this today’s system, a county will receive much choice as possible, and I believe legislation. its payment from the general Treasury, this goal has been met. As I said ear- AMENDMENT NO. 4139 regardless of whether a single tree is lier, first, counties can choose whether Mr. CRAIG. Mr. President, there is a cut from national forests. they would like to be part of this pro- substitute amendment at the desk, and Counties will decide for themselves gram and receive a stable payment. If I ask for its consideration. how to invest the remaining 15-to-20 they choose not to be part of the pro- The PRESIDING OFFICER. The percent of the average amount de- gram, they may revisit this decision clerk will report. scribed above for projects rec- every 2 years. Second, a county that The assistant legislative clerk read ommended by local community advi- chooses to be part of the program and as follows: sory committees if those projects are receive stable payments must decide The Senator from Idaho [Mr. CRAIG], for approved by the appropriate Federal the type of projects they want to in- himself and Mr. WYDEN, proposes an amend- land management agency. Although lo- vest in: projects in the forest, like ment numbered 4139. cally-conceived, every project must stream and watershed restoration; or Mr. CRAIG. I ask unanimous consent comply with all environmental laws projects related to the forests, such as that reading of the amendment be dis- and regulations, as well as all applica- wildfire prevention or afterschool pro- pensed with. ble forest plans. Counties might also grams for their children. Also, a coun- The PRESIDING OFFICER. Without opt to pursue projects related to the ty can opt simply to have the money objection, it is so ordered. forest—rather than in the forest— sent back to the U.S. Treasury without (The amendment is printed in today’s through Title III. These projects might pursuing projects. Finally, these RECORD under ‘‘Amendments Sub- include fire prevention, the purchase of choices may be revisited every year. mitted.’’) easements or forest-related after- The ecological health of the forests is Mr. CRAIG. Mr. President, in con- school programs. In addition, each a key to survival for many of these junction with the administration, and

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8520 CONGRESSIONAL RECORD — SENATE September 13, 2000 the members of the Budget Committee, should be returned to the Treasury, ex- come involved in numerous disputes we have made a series of technical cept in the single case where a project over the federal government’s calcula- changes to S. 1608 as it was reported by is jointly funded by both project and tion of its administrative expenses. In the committee. These changes are de- non-federal revenues. The portion of light of these problems, with the advice signed to: (1) respond to the concerns of revenues associated with funds pro- and the assistance of Senators DOMEN- some members with the bill as re- vided by this bill would be retained by ICI and BINGAMAN, we propose to return ported; (2) address some additional the appropriate Secretary. The propor- to the pre-1993 system of calculating issues raised by the Administration; (3) tion of revenues associated with funds shared receipts. rectify technical problems with the provided by non-federal sources would Finally, we have added a conforming bill; as well as (4) bring the bill’s costs be shared with those sources. This amendment in section 4 of the bill. in line with the amount provided in fis- change is designed to address the con- This amendment specifies that pay- cal year 2001 budget resolution. Let me cern that allowing revenues generated ments required by this bill would be in- briefly describe the most important by projects to be retained by federal cluded in the calculation of the pay- changes for the benefit of the Senate. agencies would create an unwelcome ment in lieu of taxes (PILT) payments We have modified the formula used to incentive to focus exclusively on rev- that each state receives. This change calculate the ‘‘full payment amount’’ enue-generating projects. Our amend- will result in payments under this act to which states are entitled from the ment addresses this concern in an equi- being treated in the same fashion as Forest Service under this bill. Rather table fashion. other natural resource payments to the than having this payment calculated With regard to the projects funded states. on the average of the three highest 25 under this bill, we added language in I appreciate the cooperation of sev- percent payments for each eligible section 204 to assure that projects will eral of my colleagues in developing the county within each state, the calcula- improve the maintenance of existing changes that went into the manager’s tions will be based upon the average of infrastructure, implement stewardship amendment. I particularly want to the three highest 25 percent payments objectives that enhance forest eco- thank Senator DOMENICI and Senator for each state during the fiscal years of systems, or restore and improve land BINGAMAN and their staffs for their as- the eligible years period. We also re- health and water quality. We also sistance in putting together the man- duced the annual adjustment for infla- specify that fifty percent of the project ager’s amendment. The bill is a much tion. These changes will reduce the money shall be used for projects that better product because of their con- cost of the bill as estimated by the involve road maintenance or oblitera- tribution. Congressional Budget Office from $1.46 tion, or the restoration of streams and Mr. MURKOWSKI. Mr. President, I billion over a 5-year period to around watersheds. These changes are designed rise today to support passage of S. 1608, $1.1 billion over the same period. to encourage the development of the Secure Rural Schools and Commu- In section 102(a) and section 103(a), projects that foster resource steward- nity Self-Determination Act of 2000. we clarify that the duration of the bill ship. To provide the counties that elect This bill will restore the financial will be fiscal year 2001 through fiscal to participate in projects a wider range and resource management links be- year 2006. It is the manager’s intent of choices, we have added a title III to tween the rural communities of Amer- ica and our natural resource agencies. that this bill be sunsetted after six the bill. Under the provisions of title The precipitous drop in financial sup- years. This language, and new language III, counties may choose to invest their port for education and infrastructure project money in a list of authorized in section 209 and section 303 added by needs of our rural counties will be re- uses including: (1) search, rescue, and the manager’s amendment emphasizes stored by S. 1608. this for the purpose of clarity. We emergency services; (2) community These payments will now be steady made a minor change to clarify that el- service work camps; (3) easement pur- and reliable. This bill also reverses the igible counties that receive less than chases from willing sellers to provide inward turning, and belt-way centered, $100,000 in payments for fiscal year 2001 access to public lands; 94) forest related thinking of resource managers by cre- may elect to expend all of this money educational programs; (5) local fire pre- ating collaborative processes for nat- for schools and roads, whether or not vention and fire risk reduction plan- ural resources management in our the payment increases slightly in out- ning activities; and (6) community for- rural communities. years as a result of the inflation ad- estry projects. These projects would S. 1608 will provide rural commu- justment. This change will assist coun- still be developed and recommended nities and their public lands managers ties with small revenue distributions. through the local resource advisory the opportunity to work together to In section 202, we clarify that committees established in title II of improve the ecosystems by investing in projects funded under this bill can be the bill. They will function much as the public lands. conducted on public or private lands as they do in title II, except that the I would like to express my apprecia- long as there is a benefit to federally projects will not require the approval tion for the months of work that have managed resources. The committee bill of the Secretary, as would title II been put in on this bill by my fellow was not sufficiently precise in this re- projects. Also, under the specific terms members of the Energy Committee: gard. In section 203(b)(6), we added lan- of section 102(d)(1)(B) and section Senator CRAIG and Senator WYDEN. guage to more fully describe the kind 102(c)(1)(B) counties could split their Bringing this bill to the floor today of monitoring plans that we would like project funds between titles II and III is the result of countless hours of brief- to see associated with projects ap- as they choose. ings, dialog and negotiation with Sen- proved under the bill. In section We have also added a new title V to ator CRAIG, Senator WYDEN, their staff, 204(e)(3), we elected to put some quan- the bill to remedy a serious problem the National Forest County & Schools titative targets on the pilot projects caused by the Omnibus Budget Rec- Coalition, and all the other groups that that the bill authorizes for merchant- onciliation Act of 1993 involving the have expended time and effort to as- able materials, with an out-year ad- sharing with the states of onshore min- sure that the educational needs of the justment based upon the results of a eral revenues and revenues from geo- kids in rural communities would not be GAO audit. We are hopeful that the ad- thermal steam. Prior to the 1993 act neglected. ministration will move aggressively to the federal government and the states I would also like to express my ap- implement this pilot project, and re- split these revenues on a fifty-fifty preciation to the Forest Service, De- port on its progress promptly and thor- basis. The 1993 act requires that the partment of Agriculture, and others in oughly to Congress. In section 401, we federal government deduct its previous the Administration who have been clarified that the bill authorizes appro- years expenses for administering these helpful in coming to the final product priations for fiscal year 2001 through programs from the receipts before the we see here today. 2006. This is to emphasize that this is a fifty-fifty split is made. This require- In closing I thank all those who have six-year bill. ment has proven very difficult to im- contributed to crafting S. 1608 for their In section 402(b), we specify that any plement due to general sloppiness of hard work. revenues generated by projected funded federal accounting systems. The fed- I urge my colleagues to vote for this by monies authorized under this bill eral agencies and the states have be- bill.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8521 And finally I look forward to the fed- nearly 70 percent across the nation, Apparently, the special interest groups eral government reestablishing its sup- rural counties in many states began to that oppose S. 1608 over this issue port to the rural communities of this see serious short-falls in their annual would prefer that the historic relation- country so that they can maintain 25 percent payments. In Oregon, where ship between the local community and their school systems and provide other federal timber sales have declined by the management of their neighboring needed county services. an even greater margin, these short- federal lands be severed completely. Of Mr. SMITH of Oregon. Mr. President, falls have been truly devastating for course, if we were to sever the long- I am pleased to speak to the Senate local governments. standing relationship between federal today in strong support of S. 1608, the As Federal lands have increasingly lands and the communities that host Secure Rural Schools and Community been declared ‘‘off limits’’ in recent them, these same special interest Self-determination Act of 2000. As an years, rural communities have worked groups would merely have to hold sway original co-sponsor of this legislation, I hard to diversify their economies. over the land management bureaucracy commend Senator CRAIG and Senator While tourism has flourished in certain in Washington or the federal courts, WYDEN for their leadership in crafting pockets, to this point it has not been a never having to face the people most a bill which brings all sides of the issue substitute for the family wage jobs the affected by their policies. together. I want to take a minute to timber industry once offered. Ulti- Some of these groups have gone so salute Oregon’s county commissioners, mately, there is only so much that far as to run slick attack ads against who kept this issue on top of their pri- local governments can do when 70 per- my colleague from Oregon, Senator ority list, and who made frequent trips cent, 80 percent, or even more, of the WYDEN, implying that the resource to meetings in Oregon and here in land is tied up in federal holdings. The projects authorized by S. 1608 would Washington, D.C. to make sure this fact that local governments are no open the door to clearcutting on our legislation moved forward. Oregon is a longer being adequately compensated national forests. Colleagues, please remarkably diverse state, but as I have for federal land ownership only adds to don’t be fooled by the Washington tac- traveled throughout Oregon, I hear the the burdens of rural communities try- tics being employed by the national en- same thing in each of our 36 counties— ing to bring in new industries, provide vironmental interest groups in opposi- and that’s the fact that passage of S. education and health services, and tion to S. 1608. This bill makes clear 1608 is their number one priority. I also bridge the digital divide. This is what that these projects must be in compli- want to thank President Clinton for ance with federal environmental pro- his statement that he will sign this we are trying to address with S. 1608. Lane County, Oregon, for example, tection laws and that they must be for- legislation when it reaches his desk. mulated by a Resource Advisory Com- S. 1608 re-establishes the federal gov- has seen receipts from federal lands mittee made up of interested stake- ernment’s compact with rural commu- shrink by 65 percent over the last ten holders, including environmentalists. nities—one that dates back to the years. This has created a gaping $7 mil- lion hole in the resources the County S. 1608 is supported by the National early days of settlement in the West— Forest Counties and Schools Coalition, while providing much needed funding uses to provide families with basic a coalition of educators, county gov- for environmentally sound, locally de- needs, including public health and safe- ernmental officials, private companies, veloped projects to restore the health ty services, strong education systems, and many of the unions who represent of federal watersheds and forests. Per- and safe roads and highways. If S. 1608 people who live, work, and teach in or haps more importantly, this bill will is not passed, Lane County faces the near our federal forests. It is a Coali- ensure that the federal government prospect of slashing its public works tion of over 1,000 organizations that provides fair compensation to local engineering staff by 50 percent, leaving represents over 25 million people. In governments so that they in turn will roads and bridges threatened with dis- supporting S. 1608, I am choosing to be able to meet their communities’ repair. stand with those 25 million people, to needs for schools and roads. I want to Perhaps Grant County in eastern Or- make sure my colleagues understand egon makes an even more compelling stand with thousands of rural commu- why this legislation is needed, and how case for the passage of S. 1608. There, nities in States stretching across the counties in my State, as well as the local government has been forced America. In closing, Mr. President, I ask my nearly 800 other rural counties in 41 to cut back to four day school weeks to colleagues to put themselves in the po- other States, will suffer if we do not make up for the shortfall in 25 percent sition of a local government official pass S. 1608 today. payments. It is outrageous that the Nearly a century ago, the ‘‘forest re- educational opportunities for children from a small town in a county domi- serves’’, precursors of our national for- in rural areas of this country are being nated by federal forest lands. We have ests, were transferred from the Depart- put in jeopardy by the decline of fed- many of them in my state. Towns like ment of the Interior to the Department eral timber receipts. John Day, Oakridge, and Riddle. Per- of Agriculture. At that time, the Con- Throughout my state and in commu- haps you have counties with towns like gress understood that placing these nities in many other states with forest these in your state. Imagine that your forest reserves in the federal govern- counties, sports and extra curricular major resource-based industries have ment’s trust would have very negative activities have been dropped, and spe- largely been shut down by various fed- effects on the property taxes local gov- cial programs for gifted and talented eral actions over the last decade. Too ernments and local school systems students have been sharply cut back. many of the young people are having to could collect. To remedy this, Congress These communities have been forced to move away to find jobs. As a local gov- passed a law in 1908 to share 25 percent make heart-breaking decisions over ernment leader you try and build up of the Forest Service’s gross receipts whether to cut back social service pro- your community and yet you find—be- with the counties to partially com- grams or school funding, or to sharply cause your community is surrounded pensate the counties for the lost taxes. reduce sheriffs’ patrols and close jails, by federal lands—that you often can’t In addition, Congress designated these or to cut out all extra curricular ac- expand the land under development to funds to be spent on schools and county tivities at their schools. We have an bring in new industry, you often can’t roads. Having directed the Forest Serv- opportunity today to answer the call of build roads or recreation sites to bring ice to pay very close attention to the rural America by passing this legisla- in more tourism, nor can you tax fed- needs of the local citizens and indus- tion and show our support for edu- eral forest lands to help pay for the tries in the ‘‘1905 Transfer Act,’’ cou- cation and rural communities. The kind of infrastructure or human re- pled with the passage of the ‘‘1908 25 vote we cast today is not just a vote for sources you need to attract high tech Percent Payment Act,’’ Congress had or against legislation, it is a vote for or companies to your area. What would developed a fair and workable compact against the future of rural schools, you do? How would you try and turn with rural communities and counties. roads, and children. around the local economy with the fed- It was a compact that worked very well Now let me turn briefly to the objec- eral government turning a blind eye to for nearly 90 years. tions raised by some in the environ- the economic consequences of its ac- Over the last ten years, however, as mental community regarding the re- tions? That is what we are trying to federal timber sales have declined by source projects authorized by this bill. remedy today.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8522 CONGRESSIONAL RECORD — SENATE September 13, 2000 Shutting down our public lands in need this funding for both fire preven- like Montana where growth is gradu- the name of the public good comes with tion and fire fighting. Counties that ally shutting off access to public lands a price—and it should not be rural are stretching to make ends meet for and eliminating important fish and America alone that has to pay it. It is basic services, such as road building wildlife habitat. These provisions will long past time the federal government and funding schools, simply can’t af- give counties the tools to make sure lived up to its financial obligation to ford to suddenly incur the massive that we are able to pass the West’s out- these rural communities. A vote for S. costs associated with fighting door heritage on to our children and 1608 is a step toward that end. I thank wildfires. grandchildren. my colleagues for joining us in this ef- I can’t impress upon you enough the This photo here is of Eric and Brit- fort today. catastrophic impact that this sum- tany Sharpe, children of Terry and Mr. BAUCUS. Mr. President, I rise in mer’s fires have had upon my state. Craig Sharpe of Helena. Eric and Brit- support of Senate bill 1608, the Secure The fires have raged out of control on tany’s dad is the head of the Montana Rural Schools and Community Self-De- our federal lands, such as the fire pic- Wildlife Federation, an organization termination Act of 2000. I would like to ture here (in the Beaverhead-Deerlodge that works non-stop to try to make begin my comments today by drawing National Forest which covered nearly sure that our children will be able to attention to the determined efforts of 85,000 acres and has not yet been con- enjoy Montana’s great fish and wildlife my friend and colleague from Oregon, tained. Cities have spent weeks under a resource just as we do today. Senator RON WYDEN, on behalf of rural cloud of smoke, as you can see in this Mr. President, let us never lose sight counties. Senator WYDEN has worked photo of Helena. People, houses, and of the real reason we do the work we tirelessly to ensure that counties with wildlife have all been threatened, and do. Let us never lose sight of the chil- federal lands get a fair deal. He has not it is thanks only to the heroic efforts dren or ever forget for even a moment been alone in his efforts. Senator CRAIG of our firefighters that so few lives and that we have a moral obligation to pass from Idaho has been a vocal champion structures have been lost. I was hon- this place on to them in as good a of this legislation. And many other ored to spend some time with these shape or better than we found it. senators, notably Senator BOXER of courageous individuals, and I can tell Finally, counties may also use funds California, have offered constructive you, you have never met a more hard- to establish and conduct forest-related input that has greatly improved the working, determined crowd of folks. after school programs. Mr. President, legislation now before us. We owe them a heartfelt thank you, the Washington Post recently reported As we all know, counties containing and I would like to express my personal that 20 percent of all children in Amer- large amounts of public lands are not gratitude for everything they have ica are left unattended after school. In able to raise sufficient revenues from done. Montana, which has one of the highest taxes since the federal government is The process of rehabilitation and incidents of parents having to work not required to pay state or local clean-up has only begun, and the work multiple jobs just to make ends meet, taxes. Montana has one of the highest we do now will be critical to ensuring this number may be even higher. What percentages of federally owned land of the full recovery of our lands and our is clear is that children are less likely any state. This has a very significant communities. For all of these reasons, to get into trouble, less likely to com- impact on the tax base of our counties, I am very pleased that we were able to mit acts of violence, if they are in- and they have suffered because of it. As change this bill to make sure that volved in after school programs. In my revenues from our national forests counties in Montana and across the mind, this provision gives us a tremen- have decreased, so too have the pay- West could get much-needed funds for dous opportunity to work with our ments to counties. Fortunately, Sen- firefighting and related efforts this most precious asset—the youth—and to ator WYDEN stepped in with a creative year and in future years. give them opportunities to learn about solution that ensures that counties It has also become clear that we need our forests and to gain hands-on expe- have the option to receive much more to do more to prevent danger from fires rience in working on matters relating steady funding. S. 1608 recognizes both before they start. I’ve heard from many to our forests. the value of these public lands and the counties in Montana who have said I was very pleased to be able to add needs of the affected counties. It is a that they could prevent loss of life and these important options to a bill that wise compromise which allows counties property if they had funding available is critically needed to ensure the fair the freedom to choose the plan that to educate new homebuilders about treatment of our rural counties. I urge best serves their needs. where to build or not build their houses my colleagues in the Senate to ac- Mr. President, I would like to say to reduce their exposure to wildfires knowledge the vital importance of just a few comments about title III of and to make sure that emergency these efforts and to give this bill, and S. 1608. I felt that it was very impor- equipment can get to their homes. the rural counties of America, their tant that counties have flexibility, not Homeowners need to know that a house full support. only in how their funding is deter- built in the woods, especially if trees Mr. President, before I close, I want mined but also in how it is spent. This are not cleared away from the building, to take a moment to elaborate on two is why I proposed title III of this bill, as shown, will be very difficult to save issues that were addressed in a col- and I am very pleased that the spon- from fires. If the right materials are loquy between myself, Senator WYDEN sors of the bill have accepted it. used in construction, however, homes and Senator BOXER. Under this bill, each year counties can be made much less vulnerable. First is the question of whether a may spend 15–20 percent of their fund- Under title III, counties will have the county can choose to allocate funds to ing on either title II projects or on funding to do this kind of education. both title II and title III in the same title III projects. As originally drafted, They will also be able to fund county year. As should be clear from that col- S. 1608 focused primarily on activities planning efforts to increase the protec- loquy, the bill has been drafted so that occurring on federal lands. Title III tion of people and property from counties may choose to send their was an effort to give counties the op- wildfires. funds to either title II or title III in tion to focus on activities that are not Some of you may be under the mis- any given year, but not to both. necessarily ‘‘on’’ federal lands, but taken impression that the entire state Mr. President, I submit for the that clearly relate to federal lands. of Montana was on fire this summer, RECORD a legal memorandum from First, under title III, counties may but let me assure you—the fires have Janet A. Poling, Associate General use the funds as reimbursement for not destroyed the beauty and value of Counsel for the U.S. Forest Service, search, rescue and emergency services, our public lands. Under title III, coun- which reaches the same conclusion including fire fighting performed on ties can use funds to acquire easements about the effect of the language in S. federal lands and paid for by the coun- to provide for nonmotorized access to 1608 as modified by the managers ty. Mr. President, after the ravages of public lands for hunting, fishing and amendment. I ask unanimous consent the recent fires in Montana, many of other recreational purposes and to ac- that a copy of this legal memorandum which are still burning, it is abun- quire conservation easements. These be printed in the RECORD following this dantly clear that counties desperately options are very important in states statement.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8523 Second is the question of the role of Summary: Section 102(d)(1)(B) would allow since the federal government is not re- the Resource Advisory Committees in an eligible county to choose to use the bal- quired to pay state or local taxes. Rec- administering funds that a county ance of its funds for only one of the three ognizing that this is fundamentally un- wishes to expend under title III. As listed purposes. fair to these counties, Congress has tried for some time to rectify this situ- should be abundantly clear from the U.S. DEPARTMENT OF AGRICULTURE, language of S. 1608 as amended and OFFICE OF THE GENERAL COUNSEL, ation by providing funding from rev- from the colloquy between myself, Sen- Washington, DC, September 13, 2000. enue generated on our public lands ator WYDEN and Senator BOXER, the Informational Memorandum for Anne Keys, from payments in lieu of taxes in an ef- Resource Advisory Committees are in- Deputy Under Secretary for NRE, fort to make the counties financially tended to have only an advisory role on From: Janet A. Poling, Associate General whole. projects under title III. In short, coun- Counsel, Natural Resources. Unfortunately, as revenue from our ties are to have full discretion to spend Subject: Request for Legal Interpretation of national forests has decreased, so too Section 302(a) in the Manager’s Amend- have the payments to counties. This title III funds for the purposes enumer- ment dated September 8, 2000, for S. 1608, ated under title III without any re- has been seriously disruptive to coun- the ‘‘Secure Rural Schools and Commu- ties across the West. Fortunately, Sen- strictions or limitations placed upon nity Self-Determination Act of 2000.’’ them by the Resource Advisory Com- Issue: This memorandum responds to your ator WYDEN stepped in with a creative mittees. request for our legal interpretation of sec- solution that insures that counties Mr. President, a second legal memo- tion 302(a) in the manager’s amendment have the option to receive much more randum from the Associate General dated September 8, 2000, for S. 1608. You have steady funding. The bill now before us, Counsel for the U.S. Forest Service asked whether a participating county may S. 1608, recognizes both the value of use county funds under the Title III on these public lands and the needs of the reaches this conclusion based on the projects that have not been recommended by plain reading of S. 1608 as modified by affected counties. It is a wise com- a resource advisory committee. promise which allows counties the free- the managers amendment. Mr. Presi- Discussion: Section 302(a) provides: dom to choose the plan that best serves dent, I ask unanimous consent that a ‘‘(a) LIMITATION OF COUNTY FUND USE.— their needs. copy of this legal memorandum be County funds shall be expended solely on projects that meet the requirements of this Mr. WYDEN. Thank you for your printed in the RECORD following the title and section 205 of this Act except that: very kind words, Senator BAUCUS. The first legal memorandum that I sub- the projects shall be approved by the partici- compromise legislation before us would mitted for the RECORD. pating county rather than the Secretary not have been achieved without the There being no objection, the mate- concerned.’’ wise counsel and experience of the sen- rial was ordered to be printed in the Section 302(b) provides for the authorized ior Senator from Montana, my good RECORD, as follows: uses of ‘‘county funds’’ as that term is de- friend, Senator BAUCUS. He has made U.S. DEPARTMENT OF AGRICULTURE, fined in section 301(2). Section 303 terminates the authority to initiate projects using coun- substantial contributions to this bill, OFFICE OF THE GENERAL COUNSEL, particularly in developing title III and Washington, DC, September 12, 2000. ty funds at the end of fiscal year 2006. Informational Memorandum for Anne Keys, Section 302(a) also limits the use of county in championing the need for adequate Deputy Under Secretary for NRE funds to projects that meet the requirements funding for the prevention and fighting From: Janet A. Poling, Associate General of section 205. Although the reference to sec- of wildfires, like those that have rav- Counsel, Natural Resources. tion 205 is ambiguous, section 302(a) is most aged the West and his own State of Subject: Request for Legal Interpretation of reasonably interpreted as requiring partici- Montana this summer. Section 102(d)(1)(B) in the Manager’s pating counties to submit their proposals for Mr. BAUCUS. I thank my distin- the use of county funds to the appropriate Amendment dated September 8, 2000, for guished colleague from Oregon. Mr. S. 1608, the ‘‘Secure Rural Schools and resource advisory committee for review in accordance with section 205(b)(1). We see President, I would like to say just a Community Self-Determination Act of few comments about title III of S. 1608. 2000.’’ nothing in the bill that requires approval of Issue: This memorandum responds to your a proposed project by a resource advisory Senators WYDEN and CRAIG agreed to request for our legal interpretation of sec- committee as a prerequisite for the use of include title III in this bill at my re- tion 102(d)(1)(B) in the manager’s amend- county funds by a participating county. Our quest. I felt that it was very important ment dated September 8, 2000, for S. 1608. interpretation is based in part on the proviso that counties have flexibility, not only You have asked whether an eligible county in section 302(a) that places the final deci- in how their funding is determined but can elect to use the balance of its funds for sion making authority for the use of county also in how it is spent. This is why I a combination of the listed purposes or funds with the participating county. Addi- tionally, Title III does not contain proce- proposed title III of this bill, and I am whether an eligible county can use the funds very pleased that the sponsors of the for only one of the listed purposes. dures similar to those in Title II regarding Discussion: Section 102(d)(1)(B) of the sub- projects recommended by resource advisory bill have accepted it. ject manager’s amendment provides: committees. As explained by my colleague Sen- ‘‘(d) EXPENDITURE RULES FOR ELIGIBLE Summary: We see nothing in the bill that ator WYDEN, under this bill, each year, COUNTIES.— requires approval of a proposed project by a counties may spend 15–20 percent of (1) IN GENERAL.—Of the funds to be distrib- resource advisory committee as a pre- their funding either on title II projects uted to an eligible county pursuant to sub- requisite for the use of county funds by a or on title III projects. There has been section (c)— participating county. some debate about whether counties (A) not less than 80 percent but not more Mr. BAUCUS. Mr. President, in clos- should be able to ‘‘mix’’ funds in a than 85 percent of the funds shall be ex- ing, let me thank the bill’s sponsors given year between title II and title III. pended in the same manner in which the 25- and all of the Senators who have ex- percent payments are required to be ex- Regardless of whether it would be a pended; and erted so much effort on the behalf of better policy to allow such mixing to (B) at the election of an eligible county, our rural counties. Especially, let me occur or to maintain the current sepa- the balance of the funds not expended pursu- thank Senators WYDEN and CRAIG who ration between titles II and III, it is ant to subparagraph (A) shall— have worked so hard to answer con- clear that, as drafted, S. 1608 will not (i) be reserved for projects in accordance cerns that were raised by me and by allow such mixing to occur. And while with title II; other Senators, and who should receive (ii) be spent in accordance with title III; or this may not be a perfect solution, (iii) be returned to the General Treasury in full credit for the passage of this fine rarely is any legislation passed by Con- accordance with section 302(b).’’ legislation. gress that could be characterized as We interpret subparagraph (B) as allowing Mr. President, I would like to draw ‘‘perfect.’’ an eligible county to choose to use the bal- attention to the determined efforts of Mr. WYDEN. Again, let me thank the ance of its funds for only one of the three my friend and colleague from Oregon, senior Senator from Montana for his listed purposes. The provision would not Senator RON WYDEN, on behalf of rural work on title III, and add that I agree allow counties to use the funds for a com- counties. Senator WYDEN has worked with his interpretation of the separa- bination of the purposes. For example, an el- tirelessly to ensure that counties with igible county could elect to reserve the funds tion between titles II and III. I would for projects in accordance with title II or to federal lands get a fair deal. As we all also express my willingness to continue spend the funds in accordance with title III, know, counties containing large to work with him to assure the effec- but could not allocate funds for both pur- amounts of public lands are not able to tive implementation of this legislation, poses. raise sufficient revenues from taxes particularly of titles II and III.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8524 CONGRESSIONAL RECORD — SENATE September 13, 2000 This is just one of countless issues volved in after school programs. In my same role in title III as they have in that we have grappled with as we have mind, this provision gives us a tremen- title II. Under Section 204(a) of the bill, strived to make this bill as fair and re- dous opportunity to work with our the Secretary may make a decision to sponsive as possible to the needs of our most precious asset—the youth—and to approve a project only if it is sub- rural counties. We have made giant give them opportunities to learn about mitted to the Secretary by the Re- strides in improving this legislation, our forests and to gain hands-on expe- source Advisory Committee. By con- and I thank all the Members who have rience in working on matters relating trast, under title III, the counties ap- been willing to put aside their dif- to our forests. prove the projects and the Resource ferences and work in a bipartisan effort Finally, under title III, counties can Advisory Committee serves in an advi- to make this possible. use the funds for fire prevention and sory capacity. Mr. BAUCUS. Mr. President, let me county planning. Mrs. BOXER. Senator WYDEN, it is talk for a moment about the purposes These activities are vitally impor- my understanding, along with our col- of title III. As originally drafted, S. tant. I’ve heard from many counties in league from Montana, that under sec- 1608 focused primarily on activities oc- Montana who have said that they could tion 302(a), counties must meet the curring on federal lands. Title III was prevent loss of life and property if they purposes of title III and section 205. an effort to give counties the option to had funding available to educate new You will note that section 205 explic- focus on activities that are not nec- homebuilders about where to build or itly does not give the Resource Advi- essarily ‘‘on’’ federal lands, but that not build their houses to reduce their sory Committees the power to either clearly relate to federal lands. exposure to wildfires and to make sure ‘‘approve’’ or ‘‘disapprove’’ projects. First, under title III, counties may that emergency equipment can get to Rather, under section 205, the Resource use the funds as reimbursement for their homes. And the same thing is Advisory Committees are given the true with respect to the materials that search, rescue and emergency services, power to ‘‘review’’ and ‘‘propose’’ homes are built out of and the manner including firefighting performed on projects. This is critical distinction. in which homes are landscaped. Home- federal lands and paid for by the coun- Because, while we want the Resource owners need to know that a house built ty. Mr. President, after the ravages of Advisory Committees to be involved— in the woods should have a roof made the recent fires in Montana, some of as indeed we want all members of the out of tin or some other material that which are still burning, it is abun- interested public involved—we do not won’t burn. Seemingly aesthetic deci- dantly clear that counties desperately wish for the Resource Advisory Com- sions can make the difference between need this funding for both fire preven- mittees to in any sense ‘‘drive’’ or a home and ashes during a year like tion and fire fighting. Counties that ‘‘control’’ or ‘‘limit’’ the use of title III this one, and counties need funding to are stretching to make ends meet for funds. These funds are set aside for the basic services, such as road building expand this type of awareness. The same basic reasoning applies to counties and the counties should use and funding schools, simply can’t af- county planning. Counties should have them in their best discretion. ford to suddenly incur the massive the funds available if they want to pass Mr. WYDEN, would you agree that costs associated with fighting an ordinance requiring homeowners to this is the intent of the bill? wildfires. I am pleased that we were clear brush away from their homes. Mr. WYDEN. Yes, that is the correct able to change this bill to make sure this can help protect lives not only of interpretation of the bill’s language that counties in Montana and across homeowners, but also of the fire- and intent. The purpose of S. 1608 is to the West could get much-needed funds fighters who will be called in to extin- increase both county funding and coun- for firefighting this year and in future guish burning structure fires. This can ty choice. Unlike projects under title years. allow counties to focus their emer- II, the role of the Resource Advisory For similar reasons, I drafted title III gency crews on problems that could Committees is much more limited to allow counties to use the funds to not have been prevented. As written, under title III and is limited to an ad- reimburse their expenses for search and this provision will also allow counties visory role. rescue operations performed on federal to fund other planning and zoning ef- Mrs. BOXER. Because the legislation lands and for the salaries and benefits forts to minimize the impact that un- does not specify the timing for Re- of county employees who supervise fettered development can have on our source Advisory Committee review of adults or juveniles performing manda- forests and streams. By providing local projects, is it the intent of the Senator tory community service on public communities with the tools to address from Oregon that the Resource Advi- lands. these types of problems, it is my sin- sory Committee review projects in a Second, under title III, counties may cere hope that this title will diminish timely manner? use the funds to acquire easements to the conflicts that occur around our Mr. WYDEN. That is correct. It is my provide for nonmotorized access to public lands and will help ensure that intent that a Resource Advisory Com- public lands for hunting, fishing and our children and grandchildren can mittee would review projects in as ex- other recreational purposes and to ac- continue to enjoy these lands and the peditious a manner as possible, but quire conservation easements. These fish and wildlife that they support well that in any event, the failure of a Re- options are very important in states in to the future. source Advisory Committee to review a like Montana where growth is gradu- Mr. WYDEN. I thank the senior Sen- project in a timely manner would not ally shutting off access to public lands ator from Montana for his thorough ex- under this bill be grounds for denying a and eliminating important fish and planation of the provisions he helped county the ability to move forward wildlife habitat. These provisions will craft, which became title III of the bill. with it. give counties the tools to make sure Mr. BAUCUS. Mr. President, before I Mrs. BOXER. And is it also your in- that we are able to pass the West’s out- conclude, I just want to say a brief tent, Senator WYDEN, that projects door heritage on to our children and comment about the relationship be- under title III may be submitted by the grandchildren. tween title III and the Resource Advi- Resource Advisory Committees, the Third, counties may use funds to es- sory Committees formed under title II. public or the county itself? tablish and conduct forest-related after Unlike the projects in title II, the Mr. WYDEN. Yes, that is correct. No school programs. Mr. President, the projects in title III are essentially one is excluded from submitting Washington Post recently reported local concerns. While they relate to the projects under this bill. that 20 percent of all children in Amer- lands that are held in trust for the Mr. BAUCUS. Thank you, Senator ica are left unattended after school. In American people, the title III projects WYDEN, for those responses to the ques- Montana, which has one of the highest are not in any sense ‘‘federal’’ projects. tions from the Senator from California. incidents of parents having to work Items such as county planning and zon- In closing I would like to reiterate multiple jobs just to make ends meet, ing have always been seen as local mat- my admiration for the valiant efforts this number may be even higher. What ters and it is not the intent of this leg- of the senior Senator from Oregon on is clear is that children are less likely islation to change that framework. behalf of this bill and rural counties. to get into trouble, less likely to com- For that reason we have not given He has spent countless hours working mit acts of violence, if they are in- the Resource Advisory Committees the to create this legislation and to ensure

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8525 that it passes through the Senate, and Secretaries or counties as the case may counties to fund projects on federal should be recognized as a true hero to be. lands, as described in Title II, or to rural America. I urge my colleagues in Mr. LOTT. I thank the Senator for fund county projects described in Title the Senate to acknowledge the critical these clarifications, and hope that the III such as search and rescue programs. importance of this work and to give affected agencies will implement this If neither of these two options is cho- this bill, and the rural counties of law accordingly. sen, the fund are returned to the Treas- America, their full support. Mr. DASCHLE. Mr. President, today ury. Mr. LOTT. Mr. President, I would the Senate is passing S. 1608, the Se- While I am pleased that counties will like to begin my comments by com- cure Rural Schools and Community have a choice of how to use the remain- mending the determined efforts of my Self-Determination Act of 2000. This ing 15 percent of funds, I have some friends from Oregon, Senator RON legislation will provide counties de- reservations about the requirements on WYDEN, and my friend from Idaho, Sen- pendent upon the federal timber pro- the use of Title III funds. Given the ator LARRY CRAIG, on Behalf of rural gram with critically-needed funding to fact that these funds are used for pro- counties. I would like to ask my col- support education, road-building and grams normally carried out by coun- league from Idaho a few questions other county programs. ties, such as education and search and about S. 1608. First, I am concerned I want to commend Senator WYDEN rescue operations, it would be pref- about the composition of the resource in particular for his leadership and erable to leave these responsibilities in advisory committees in section 205(d) hard work on this legislation. He tire- the hands of county commissioners of the bill. The bill identifies 3 groups lessly engaged in months of discussions who are elected to make these deci- of community interests that must be with our Republican counterparts, the sions. Therefore, if this issue is consid- represented, and provides examples in administration and fellow Democrats ered in the future, I hope that we can each group. Is it the mangers’ intent to develop a bipartisan, compromise take another look at the process for that the Secretary concerned will pick piece of legislation that will provide approving Title III projects. a representative from each example in- stability to timber-dependent counties Once again, I’d like to commend Sen- terest if that interest resides in the for years to come. ator WYDEN, Senator CRAIG, Senator local area served by the advisory com- Since early in the last century, coun- BAUCUS, Senator BINGAMAN, Senator mittee? ties with significant federal land-hold- BOXER and Senator TORRICELLI for Mr. CRAIG. Yes it is our intent that ings have received 25 percent of the their thoughtful consideration of this the Secretary would select an indi- revenue earned from timber sales on legislation. vidual from each example group in those lands. Since federal lands cannot Mr. LOTT. Mr. President, today each of the three categories of commu- be taxed, these funds provide counties marks the passage of S. 1608, the Se- nity interests listed in section 205(d) with a critical source of revenue to cure Rural Schools and Community when representatives of that group are maintain schools and roads. Self-Determination Act of 2000. interested in the management of the Over the past decade, it has become This bill is a promising example of public lands overseen by a particular clear that counties can no longer de- bipartisanship and what can be accom- advisory committee. pend upon these funds. In many areas, plished when members of this body Mr. LOTT. Let me ask a second ques- the timber program has declined or work together. Senator WYDEN and tion. Is it your view that the language ceased altogether, reducing revenue Senator CRAIG have worked furiously of section 102(d)(1)(B) and section that counties depend up to make ends over the past year to put together a 102(c)(1)(B) allows the counties to di- meet. As a result, many counties have bill that gives relief to communities in vide their project funds between title II had to cut educational programs for economic stress due to changes in man- and title III projects as they choose? children significantly. While counties agement on our Federal lands. Our na- Mr. CRAIG. The plain language of in the Black Hills of South Dakota tional forests need the involvement of these sections provides such flexibility. continue to receive adequate funding Federal, State, and local interests to I agree with some who have stated that under existing laws, recent challenges restore ecosystems, provide steward- would be the best policy, and the lan- to the timber program in South Da- ship opportunities and maintain forest guage would provide such an oppor- kota and elsewhere have made it clear infrastructure. This bill attempts to tunity. I will leave it to the imple- that we must have a safety net for all bring people together to solve land menting agencies to decide how to best timber-dependent counties. management issues, working to create express the flexibility provided by No child’s education should be de- healthy forests and healthy commu- these sections of statute. pendent upon the federal timber pro- nities. Mr. LOTT. Thank you. Now I have a gram. S. 1608 severs that link by pro- S. 1608 will create resource advisory final question. Do the advisory com- viding counties with the option of committees with representatives from mittees function in much the same way choosing a set payment based upon across the spectrum, to develop stew- in reviewing title II and title III timber revenues they received in the ardship projects on their surrounding projects? past or continuing with the current Federal lands. These projects, after ap- Mr. CRAIG. The bill language in ti- formula. This choice will provide coun- proval from the Secretary, will create tles II and III provides that they will ties with the continuity and funding jobs for local people, and healthy for- function in much the same way, with a they need to provide a quality edu- ests for all. few differences. First, they are advi- cation for children in their schools. As we watch our forests go up in sory to the Secretary in title II and to I’d like to take a few minutes to smoke all over the west, and parts of the relevant county in title III. In nei- highlight some important provisions of the south, we are reminded how impor- ther case do they actually approve this bill. Like any product of com- tant healthy forests are to all of us. S. projects, but their recommendation is promise, it is not perfect, and there are 1608 provides resources for healthy required. If there is no recommenda- sections that I would like to see communities and forests. tion under title II the money will ulti- changed. Nonetheless, we cannot con- By providing the mechanism, and the mately be returned to Treasury under tinue to sacrifice the education of stable payments for counties to fund the terms of section 209. If there is no schoolchildren while we debate this their local infrastructure, roads will be recommendation under title III, the bill. We need to move forward. maintained, fire departments will be counties can ultimately spend the First, 85 percent of the funds made staffed and prepared, and rural commu- money on title III projects under the available by this bill go directly to nities will once again feel secure in terms of section 303. It is my expecta- counties to fund roads and schools. knowing their families will be pro- tion that the authority of neither of These funds are generally equivalent, tected, because their community infra- these sections will be required. I be- or greater to, the amount of funding structure is in place and has a stable lieve that the resource advisory com- that counties receive today. Addition- source of funding. mittees will find consensus in devel- ally, it gives counties a choice of how S. 1608, the Secure Rural Schools and oping and recommending title II and to spend the remaining 15 percent. Re- community Self Determination Act is title III projects with the respective maining funds can either be used by a critical step toward guaranteeing

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8526 CONGRESSIONAL RECORD — SENATE September 13, 2000 adequate educational funding for forest resources policy. Senator CRAIG and I between so many stakeholders who communities, while ensuring a stable, said this legislation, which funds basic have legitimate concerns and interests consistent source of general treasury services in rural America for schools, as to how the natural resources of our funding for ecosystem restoration, for- roads, and other essential services, was public lands be managed. est infrastructure maintenance and beyond that kind of discussion. It was I am so pleased that we could work stewardship projects on our national too important to try to settle all of the toward an end that we have arrived at forest land. Parents will see a substan- divisive issues about natural resources tonight that is embodied in S. 1608. We tial increase in the amount of money on this legislation. still have work to do in adjusting our directed toward education in public I am very pleased this bipartisan leg- public policies to bring about the kind schools. We have counties in this coun- islation has been passed because this of balance we need. try who have been forced to reduce the legislation sends a strong message that As the Presiding Officer well under- school week to 4 days, eliminate after- it is not right for Federal policies to stands, rural America, be it agricul- school activities like band and ath- turn rural communities into economic tural policy or resource policy, finds letics, because of a lack of money to sacrifice zones. I believe this reinvents itself with very real problems today. It fund the schools. S. 1608 works to rem- the relationship between local commu- is going to be incumbent upon some of edy this problem by sending more nities and the Federal lands that are so us in this body to try to address those money to these counties for the edu- important to them. It will ensure that problems, both in the adjustment of cation of their children. In my home we can provide for the economic liveli- policy and certainly in the recognition state of Mississippi, the timber indus- hood of folks in rural communities, but of the necessary resources to help these try is the lifeblood of many of these also it ensures that in the future we communities. Tonight, in part, we will small counties. are going to focus on watershed res- have responded to that need. We hear people say everyday that our toration and conservation easements f children are our future. I will say it and a wide variety of measures that are AUTHORIZATION OF DOCUMENT again today—our children are our fu- going to protect ecosystems. PRODUCTION ture, and S. 1608 secures the education I thank my colleague who is on the of our children in many of the commu- floor, Chairman CRAIG. As I said, 18 Mr. CRAIG. Mr. President, I ask nities in desperate need of help. months ago no one would have thought unanimous consent the Senate now I care deeply about the health of this that we could be here tonight with this proceed to the immediate consider- country’s communities, schools, and extraordinarily important legislation ation of Senate Resolution No. 356 sub- forests, and therefore, I commend the for rural America. mitted earlier by Senator LOTT and valiant efforts of Senator CRAIG and I yield the floor. Senator DASCHLE. Senator WYDEN for their work on S. The PRESIDING OFFICER. The dis- The PRESIDING OFFICER. The 1608. I yield the floor. tinguished Senator from Idaho. clerk will report the resolution by Mr. CRAIG. Mr. President, I ask Mr. CRAIG. Mr. President, I ask title. unanimous consent the amendment be unanimous consent to proceed for no The assistant legislative clerk read agreed to, the committee substitute more than 1 minute. I want to respond as follows: amendment be agreed to, the bill be to my colleague. A resolution (S. Res. 356) to authorize doc- The PRESIDING OFFICER. Without umentary production by Select Committee read the third time and passed, the mo- on Intelligence. tion to reconsider be laid upon the objection, it is so ordered. The Senator There being no objection, the Senate table, the amendment to the title be is recognized. proceeded to the immediate consider- agreed to, and that any statements re- Mr. CRAIG. Mr. President, I will ation of the resolution. lated to the bill be printed in the briefly respond to my colleague from Mr. LOTT. Mr. President, the Select RECORD as if read. Oregon in relation to the legislation Committee on Intelligence has received The PRESIDING OFFICER. Without about which he has just spoken. I cer- a request from the Federal Bureau of objection, it is so ordered. tainly agree with him. He and I, work- Investigation for a certified copy of the The amendment (No. 4139) was agreed ing together—I as chairman of the For- testimony of former Director of Cen- to. estry Subcommittee, he as the ranking The committee amendment in the member—saw and recognized a crisis in tral Intelligence John M. Deutch dur- nature of a substitute, as amended, was the rural communities of America that ing a February 22, 2000 closed com- agreed to. were once named timber dependent be- mittee hearing, in connection with the The bill (S. 1608), as amended, was cause they had derived a share of their Bureau’s pending inquiry into the al- read the third time and passed. revenue to fund their schools, roads, leged improper handling of classified (The bill will be printed in a future and bridge funds from the revenue of information by Mr. Deutch. This resolution would authorize the edition of the RECORD.) timber receipts which have faded dra- The title was amended so as to read: matically. We began to work together chairman and vice chairman of the In- ‘‘A bill to provide stability and pre- on a resolution of the problem, and to- telligence Committee, acting jointly, dictability to the annual payments night we have brought that to the to provide the certified copy of the made to States and counties con- floor. closed hearing transcript in response to taining National Forest System lands I certainly agree with Senator this request, utilizing appropriate secu- and public domain lands managed by WYDEN. It was contentious at times, rity procedures. Mr. CRAIG. I ask unanimous consent the Bureau of Land Management for but we saw the need to respond to what that the resolution be agreed to, the the benefit of public schools and roads literally had become a national crisis preamble be agreed to, the motion to and to enhance the health, diversity in rural resource-dependent commu- reconsider be laid upon the table, and a and productivity of federal lands.’’ nities across our country. The PRESIDING OFFICER. The dis- Well over 4,000 school districts and statement of explanation be printed in tinguished Senator from Oregon. nearly 50,000 children were victimized the RECORD. The PRESIDING OFFICER. Without Mr. WYDEN. Mr. President, I will be by actions or policies that failed to rec- objection, it is so ordered. very brief. I thank my colleagues, par- ognize that we had to adjust law and/or The resolution (S. Res. 356) was ticularly Chairman CRAIG, Senator change policy or we were simply going agreed to. GORDON SMITH, who was so extraor- to find these school districts beyond The preamble was agreed to. dinarily helpful, Senator BINGAMAN, their capacities not only to fund but to The resolution, with its preamble, Senator BAUCUS, Senator BOXER, and educate. It was also true with counties’ reads as follows: many of our colleagues who put in a roads and bridge funds. S. RES. 356 great many hours on this legislation. The legislation that has just passed Whereas, the Federal Bureau of Investiga- Frankly, 18 months ago, they said it the Senate tonight sets us in a direc- tion has requested that the Senate Select could not be done. This legislation 18 tion of resolving that problem and Committee on Intelligence provide it with a months ago was an ideological magnet bringing about a resolution through a certified copy of the testimony of former Di- for those who wanted to debate natural collaborative process at the local level rector of Central Intelligence John M.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8527 Deutch during its closed February 22, 2000 Mr. CRAIG. Mr. President, I ask REMOVAL OF INJUNCTION OF SE- hearing, in connection with a pending in- unanimous consent the resolution be CRECY—TREATY DOCUMENT NO. quiry into the alleged improper handling of agreed to, the preamble be agreed to, 106–48 classified information by Mr. Deutch; the motion to reconsider be laid upon Whereas, by the privileges of the Senate of Mr. CRAIG. Mr. President, as in exec- the United States and Rule XI of the Stand- the table, and finally any statements utive session, I ask unanimous consent ing Rules of the Senate, no evidence under relating to the resolution be printed in that the injunction of secrecy be re- the control or in the possession of the Senate the record. moved from the following convention can, by the administrative or judicial proc- The PRESIDING OFFICER. Without transmitted to the Senate on Sep- ess, be taken from such control or possession objection, it is so ordered. tember 13, 2000, by the President of the but by permission of the Senate; The resolution (S. Res. 357) was Whereas, when it appears that documents, United States: Joint Convention on the papers, and records under the control or in agreed to. Safety of Spent Fuel and Radioactive the possession of the Senate may promote The preamble was agreed to. Waste Management (Treaty Document the administration of justice, the Senate will The resolution, with its preamble, No. 106–48); I further ask that the con- take such action as will promote the ends of reads as follows: vention be considered as having been justice consistently with the privileges of S. 357 read the first time; that it be referred, the Senate: Now, therefore, be it with accompanying papers, to the Com- Whereas the United States and India are Resolved, That the Chairman and Vice mittee on Foreign Relations and or- Chairman of the Senate Select Committee two of the world’s largest democracies that on Intelligence, acting jointly, are author- together represent one-fifth of the world’s dered to be printed; and that the Presi- ized to provide to the Federal Bureau of In- population and more than one-fourth of the dent’s message be printed in the vestigation, under appropriate security pro- world’s economy; RECORD. cedures, a certified copy of the transcript of Whereas the United States and India share The PRESIDING OFFICER. Without its closed February 22, 2000 hearing. common ideals and a vision for the 21st cen- objection, it is so ordered. tury, where freedom and democracy are the f The message of the President is as strongest foundations for peace and pros- follows: ADRIAN A. SPEARS JUDICIAL perity; TRAINING CENTER Whereas the growing partnership between To the Senate of the United States: the United States and India is reinforced by I transmit herewith, for Senate ad- the ties of scholarship and commerce and, in- vice and consent to ratification, the PAMELA B. GWIN HALL creasingly, of kinship among our people; Joint Convention on the Safety of Whereas the million-strong Indian-Amer- Spent Fuel Management and on the ican community in the United States has en- riched and enlivened the societies of both the Safety of Radioactive Waste Manage- KIKI DE LA GARZA UNITED United States and India, and this community ment, done at Vienna on September 5, STATES BORDER STATION provides a strong bond between India and the 1997. Also transmitted for the informa- United States and is playing an important tion of the Senate is the report of the role in deepening and strengthening coopera- Department of State concerning the JAMES H. QUILLEN UNITED tion between India and the United States; Convention. STATES COURTHOUSE and This Convention was adopted by a Mr. CRAIG. Mr. President, I ask Whereas the visit to the United States of Diplomatic Conference convened by the the Prime Minister of India, Atal Bihari unanimous consent the Senate now Vajpayee, is a significant step in the broad- International Atomic Energy Agency proceed en bloc to consider the fol- ening and strengthening of relations between (IAEA) in September 1997 and was lowing naming bills reported by the the United States and India: Now, therefore, opened for signature in Vienna on Sep- Environment and Public Works Com- be it tember 5, 1997, during the IAEA Gen- mittee: Calendar No. 719, H.R. 1959; Cal- Resolved, That the Senate hereby— eral Conference, on which date Sec- endar No. 720, H.R. 1729; Calendar No. (1) welcomes the Prime Minister of India, retary of Energy Federico Pen˜ a signed 721, H.R. 1901; Calendar No. 722, H.R. Atal Bihari Vajpayee, upon his first official the Convention for the United States. 4608. visit to the United States; The Convention is an important part I further ask consent that the bills be (2) pledges its commitment to the expan- of the effort to raise the level of nu- sion of ties between the United States and read the third time and passed, the mo- India, to the mutual benefit of both coun- clear safety around the world. It is tions to reconsider be laid upon the tries; and companion to and structured similarly table, that any statements relating to (3) recognizes that the visit of the Prime to the Convention on Nuclear Safety any of these bills appear in the Minister of India, Atal Bihari Vajpayee, to (CNS), to which the Senate gave its ad- RECORD, with the above occurring en the United States is a significant step to- vice and consent on March 25, 1999, and bloc. wards broadening and deepening the friend- which entered into force for the United The PRESIDING OFFICER. Without ship and cooperation between the United States on July 10, 1999. The Convention objection, it is so ordered. States and India. establishes a series of broad commit- The bills (H.R. 1959, H.R. 1729, H.R. SEC. 2. The Secretary of the Senate shall ments with respect to the safe manage- transmit a copy of this resolution to the 1901, and H.R. 4608) were read the third President with the request that he further ment of spent fuel and radioactive time, and passed. transmit such copy to the Prime Minister of waste. The Convention does not delin- f India, Atal Bihari Vajpayee. eate detailed mandatory standards the Parties must meet, but instead Parties WELCOMING THE PRIME MINISTER f are to take appropriate steps to bring OF INDIA their activities into compliance with Mr. CRAIG. Mr. President, I ask AUTHORIZATION FOR APPOINT- the general obligations of the Conven- unanimous consent the Senate now MENT BY THE PRESIDENT PRO tion. proceed to the immediate consider- TEMPORE The Convention includes safety re- ation of S. Res. 357, submitted earlier quirements for spent fuel management by Senator BROWNBACK and Senator Mr. CRAIG. Mr. President, I ask when the spent fuel results from the WELLSTONE. unanimous consent the President pro operation of civilian nuclear reactors The PRESIDING OFFICER. The reso- tempore of the Senate be authorized to and radioactive waste management for lution will be stated by title. appoint a committee on the part of the wastes resulting from civilian applica- The assistant legislative clerk read Senate to join with a like committee tions. as follows: on the part of the House of Representa- The Convention does not apply to a A resolution (S. Res. 357) welcoming Prime tives to escort the Prime Minister of Party’s military radioactive waste or Minister Atal Bihari Vajpayee, Prime Min- India into the House Chamber for the spent nuclear fuel unless the Party de- ister of India, upon his first official visit to joint meeting on Thursday, September clares it as spent nuclear fuel or radio- the United States, and for other purposes. 14, 2000. active waste for the purposes of the There being no objection, the Senate The PRESIDING OFFICER. Without Convention, or if and when such waste proceeded to consider the resolution. objection, it is so ordered. material is permanently transferred to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8528 CONGRESSIONAL RECORD — SENATE September 13, 2000 and managed within exclusively civil- Hall of the House of Representatives at keted to children by the entertainment ian programs. The Convention contains 9:40 to hear an address by the Indian industry. This oversight is long over- provisions to ensure that national se- Prime Minister. due. I congratulate Senator MCCAIN for curity is not compromised and that f holding such a hearing. Parties have absolute discretion as to The purpose of the hearing was to what information is reported on mate- ORDER FOR ADJOURNMENT look at the FTC study that just came rial from military sources. Mr. CRAIG. Mr. President, if there is out that charged the entertainment in- The United States has initiated no further business to come before the dustry with marketing of violent films many steps to improve nuclear safety Senate, I now ask unanimous consent and videos to children. worldwide in accordance with its long- the Senate stand adjourned under the The bottom line is that as we have standing policy to make safety an ab- previous order, following the remarks heard President Clinton and Vice President Gore respond to the FTC rul- solute priority in the use of nuclear en- of up to 10 minutes of Senator GRASS- ings, there is an inconsistency in their ergy, and has supported the effort to LEY and up to 60 minutes of Senator responses and how they have generally develop both the CNS and this Conven- JACK REED on the subject of China. tion. The Convention should encourage The PRESIDING OFFICER. Without interacted with Hollywood over the countries to improve the management objection, it is so ordered. last 8 years. of spent fuel and radioactive waste do- I establish as a basis for my remarks mestically and thus result in an in- f some quotes from the various news- crease in nuclear safety worldwide. MEASURE READ THE FIRST papers of the recent month and a half. Consultations were held with rep- TIME—H.R. 2090 For instance, on September 12, the resentatives from States and the nu- Washington Post, commenting on this, Mr. CRAIG. Mr. President, I under- clear industry. There are no significant said: stand H.R. 2090 is at the desk, and I ask new burdens or unfunded mandates for In separate time zones, but with one mes- for its first reading. the State or industry that should re- sage, President Clinton and Vice President The PRESIDING OFFICER. The sult from the Convention. Costs for im- Gore delivered a joint threat to the enter- clerk will report the bill by title. tainment industry today that harsh regula- plementation of the proposed Conven- The assistant legislative clerk read tion could come if the makers of explicit and tion will be absorbed within the exist- as follows: violent movies, recordings and video games ing budgets of affected agencies. do not stop advertisement at children. I urge the Senate to act expedi- A bill (H.R. 2090) to direct the Secretary of Commerce to contract with the National I continue to read from the same tiously in giving its advice and consent Academy of Sciences to establish the Coordi- story in the Washington Post. Later on to ratification. nated Oceanographic Program Advisory it says: WILLIAM J. CLINTON. Panel to report to the Congress on the feasi- But Gore has not always appeared con- THE WHITE HOUSE, September 13, 2000. bility and social value of a coordinated sistent on this issue. In 1987, as he was gear- f oceanographic program. ing up for his first presidential campaign, Mr. CRAIG. Mr. President, I now ask Gore and his wife held a meeting with rock ORDERS FOR THURSDAY, music executives in which Gore apologized SEPTEMBER 14, 2000 for its second reading and object to my own request. for his role in a 1985 Senate Commerce Com- Mr. CRAIG. Mr. President, I ask mittee hearing on rock music lyrics. A tape The PRESIDING OFFICER. Objec- of the meeting was obtained by Daily Vari- unanimous consent that when the Sen- tion is heard. ate completes its business today, it ad- ety. Tipper Gore, who had testified at the f hearing on behalf of the Parents Music Re- journ until the hour of 11 a.m. on source Center, called the hearing ‘‘a mis- Thursday, September 14. I further ask TECHNICAL CORRECTIONS TO S. take. . .that sent the wrong message.’’ unanimous consent that on Thursday, 1374 Last year, the Los Angeles Times reported immediately following the prayer, the that Gore met privately with potential do- Journal of proceedings be approved to Mr. CRAIG. Mr. President, I ask nors in the entertainment industry in July date, the morning hour be deemed ex- unanimous consent that the Senate 1999 and told them the idea for the FTC pired, the time for the two leaders be now proceed to the consideration of H. study— reserved for their use later in the day, Con. Res. 394, which is at the desk. Which I just referred to— and the Senate then resume consider- The PRESIDING OFFICER. The was Clinton’s and not his, and that he was ation of H.R. 4444, the PNTR China leg- clerk will report the concurrent resolu- not consulted. islation as under the previous order. tion by title. Then on August 18, the Chicago Trib- The PRESIDING OFFICER. Without The assistant legislative clerk read une shows an inconsistency in how objection, it is so ordered. as follows: they react and work with Hollywood at Mr. CRAIG. I further ask unanimous A concurrent resolution (H. Con. Res. 394) different times. It says: consent the two leaders have an extra directing the Secretary of the Senate to In southern California, records show, Gore 10 minutes each for purposes of morn- make technical corrections in the enroll- and the Democratic National Committee so ment of S. 1374. ing business during tomorrow’s session. far have raised $10.3 million—a 13 percent in- The PRESIDING OFFICER. Without There being no objection, the Senate crease—at a time when the DNC’s nation- wide fundraising pace is lagging behind 1996, objection, it is so ordered. proceeded to consider the concurrent resolution. when Clinton ran for re-election. f Mr. CRAIG. Mr. President, I ask Quoting further in the article: PROGRAM unanimous consent that the resolution Gore generated $443,050 in hard money from the entertainment industry, 86 percent Mr. CRAIG. For the information of be agreed to and the motion to recon- sider be laid upon the table. more than Clinton in 1996. He also took in all Senators, at 11 a.m. tomorrow the $340,375 from lawyers and lobbyists, a 66 per- Senate will resume consideration of The PRESIDING OFFICER. Without cent increase, and $124,350 from real estate the China PNTR legislation. Under the objection, it is so ordered. interests, an 82 percent jump. order, there are 10 amendments re- The concurrent resolution (H. Con. Now I will quote from the August 18 maining for debate and up to 6 hours of Res. 394) was agreed to. Los Angeles Times. The reference in general debate remaining on the bill. The PRESIDING OFFICER. The dis- the headline reads: ‘‘. . .The Vice Those Senators with amendments in tinguished Senator from Iowa is recog- President is building upon that legacy’’ order are encouraged to work with the nized. to follow Clinton’s close relationship bill managers on a time to debate those f with Hollywood. ‘‘He has already raised amendments. Senators should be aware more than the President did in ’96.’’ that votes will occur throughout the MARKETING OF VIOLENT FILMS Later on in that article, referring to day. AND VIDEOS a person whom I do not know—his As a reminder, Senators should be in Mr. GRASSLEY. Mr. President, name is Reiner: the Senate Chamber by 9:30 a.m. to- today the Commerce Committee had But Reiner...has expressed greater sup- morrow to proceed as a body to the an oversight hearing on violence mar- port for Gore than he had for Clinton. He has

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8529 hosted fund-raisers for Gore at his home, lence coming from Hollywood through racy, with an independent judiciary stumped for him on television and even flew their films and their videos? protecting the rights of China’s people, to Ohio to join him at a campaign event last According to the L.A. Times, the particularly the rights of expression. It week. Vice President privately told a group has not cramped China’s policy which A reference to the fact there were of Hollywood donors that he had noth- supports the proliferation of weapons Hollywood types campaigning strongly ing to do with President Clinton’s ef- of mass destruction. But it has placed for the Vice President because there fort to study whether Hollywood mar- China on a very different historical was some chagrin in Hollywood, at kets violence to children and that he trajectory than could have taken place. least for a short period of time, about was not consulted on the issue. That This notion of the change brought in whether he is a legitimate crusader was in 1999. China came to me with great force last against Hollywood violence, which Sen- But now that the study is out—this August when I was traveling through ator LIEBERMAN is, that he was being study came out this week—Vice Presi- China. I was at Dandong on the Yalu selected as Vice President. dent GORE is talking it up and taking River. We were looking across into The Los Angeles Times reports on credit. The Vice President is acting as North Korea. One of our guides pointed August 17, 2000—and this was Vice if he has not made private promises to out that in the 1950s and early 1960s, President GORE doing this. his big campaign donors and to Holly- North Korea had a higher per capita in- The effort to blunt any dissent over Lie- wood notables that they should not come. North Korea was seen as the berman’s selection started as word leaked model of socialist development in Asia. out of his ascension to the ticket. Gore, ac- worry about a crackdown on Hollywood excesses. But we have heard all of this North Korea had had a heavy industrial cording to an associate, made a round of sector that was competitive with many soothing calls to Hollywood figures, includ- before. ing moguls Jeffrey Katzenberg and David In 1988, then-Senator GORE made parts of the world. Geffen. similar promises after holding hearings Yet today—at that time last year— I have already congratulated Senator into offensive music lyrics. It appears we were peering into a country that was starving, that had an economic MCCAIN for holding this hearing. We the Vice President will say what he system in collapse, that we were con- need to do what we can to stop violence wants to say, what he needs to say, to cerned could be so unstable they could being peddled by Hollywood so our anybody he needs to say it to, just to get elected. I think the American peo- threaten the peace of the region. young people do not think it is right to They did not choose the trajectory of ple will not be fooled by these kinds of kill anybody. I do think it is wrong for international trade. They did not bait-and-switch tactics. They know a the very people who are carrying on choose the path of engagement with phony act when they see one. this crusade—the Vice President and the West. One can ask: Had China gone In fact, Hollywood liberals are ac- the President—schmoozing at the same that route, had we not tried to engage tively campaigning for the Vice Presi- time they are carrying on this cam- China, would we be facing today a dent. For example, according to press paign with Hollywood. country with over 1 billion people her- I want to comment on Vice President reports, stars and movie producers metically sealed in an economically have hosted GORE fundraisers, and GORE’s curious interest in criticizing failing and ideologically driven coun- some have even stumped for GORE the entertainment industry for pro- try, armed with nuclear weapons? If we around the country. So much then for ducing violent movies, television were confronting such a country, I shows, and video games that promote standing up to Hollywood as opposed to think we would be much worse off than immorality and attack traditional schmoozing with them. we are today, even with the frustrating The American people need their lead- family values. and uneven relationship that we have— I do not doubt for 1 minute, as I have ers to take a genuine interest in build- and we must admit we have—with already indicated, that Senator LIE- ing a civil society of which we can all China. So I believe that we must con- BERMAN is very sincere in his views on be proud. We need leaders who will tinue this policy of engagement, which this matter, but the fact is that the make sure children are protected from is at the heart of the extension of per- Vice President is at the top of the violence and immorality peddled under manent normal trade relations. Democratic ticket, and everyone the guise of entertainment. China is now a part of the world and knows that he will set the real tone What we do not need is the Vice the world economy, but it is also still should he be elected in November. President telling the American people China. It is a mixture of modernity and The fact is that the Vice President one thing while—with a wink and nod also a mixture of the old, indeed, the has taken a record amount of money towards Hollywood, towards the big ancient. from the entertainment industry. I shots of the movie industry—assuring One of the examples that I have seen refer, again, to the Chicago Tribune. the Hollywood elite he does not mean in China—this one occurred just a few The Vice President and the Democratic what he says as he pockets their cold weeks ago when I was traveling there National Committee have raised $10.3 cash. again—is the contrast in Wuhan. million from southern California as of Mr. President, I yield the floor. Wuhan is a city on the Yangtze Sea in August this year, a 13 percent increase The PRESIDING OFFICER. The dis- China. It is an old city, not like the over 1996, and the Vice President has tinguished Senator from Rhode Island new cities on the coast such as Shang- gotten $443,050 in hard money from the is recognized. hai and other cities. It is in some re- entertainment industry, 86 percent f spects the Pittsburgh of China. It is a more than President Clinton received PERMANENT NORMAL TRADE highly intense, heavily industrial city. in 1996. RELATIONS WITH CHINA You can tell that from the extraor- The Clinton-GORE administration has dinarily bad air pollution. been a real friend to the Hollywood lib- Mr. REED. Mr. President, we have, There are two companies we saw. One erals over the years. I guess all of those for many days, been debating the mo- was the Wuhan Iron and Steel Com- campaign contributions have had some mentous decision of extending perma- pany. It is right out of the industrial effect. I think that when Hollywood nent normal trade relations with age. Andrew Carnegie would have been producers hear one of their best friends China. right at home, except for the 386 com- in Washington criticize the entertain- At the essence of our debate is a very puters that were running the facility. ment industry, they just look to their simple question: Will we continue a Then we saw another factory, the ‘‘cozy relationship’’ with Clinton-Gore. policy of economic engagement with Yangtze Fiber Optic Company. Modern; The Hollywood moguls know GORE does China or will we turn away? I believe it could have been in Silicon Valley in not really mean what he says; at least we have to continue this policy of en- California, producing fiber optic cable, that is a clear signal. Hollywood knows gagement. We have pursued this policy producing it to world standards, ini- GORE does not really want to ‘‘rock the for almost 30 years. It has contributed tially a product of investment by the boat.’’ to profound change in China. But it has Dutch company Phillips, now a wholly For instance, how many times at not transformed China into a classical owned enterprise by Chinese owners. these fundraisers that they had was the liberal democracy. It has not led to the These are the examples of the econ- opportunity taken to protest the vio- establishment of a multiparty democ- omy—the old and the very modern.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8530 CONGRESSIONAL RECORD — SENATE September 13, 2000 In addition to that, when you go out as merely a dispute about trade, the that pays scant respect to individual into the villages, you see perhaps the technicalities of trade. It would harden rights, that chooses order over law, and truly ancient. As you drive through attitudes and opinions within China is obsessed with the need to keep mil- China, you see individuals hammering and, indeed, here in the United States lions of people working in an economy away, as they have for thousands of at a time when we need a constructive dominated by inefficient state-owned years, repairing bicycles with hammers and candid dialogue about our dif- enterprises. Add to those domestic and not much else. You see farming ac- ferences. And our differences are real. problems that are real and palpable the tivities that could go back thousands In order to discuss these differences, in fear that internal disorder will lead to of years. It is a diverse country. But it order to maintain this dialogue, the ex- the exploitation of China by outside is a country that has been profoundly tension of PNTR is essential. forces, a situation that dominated Chi- affected by change in its contact with It is quite evident at this juncture nese history in the last century and up the West over the last several decades. that a majority of my colleagues in the until the 1940s. The other factor that is being seen as Senate find these reasons compelling, In one respect that is one of the a result of this contact is the pressures and PNTR will pass. But looking major reasons why they are militarily within China generated by this change. ahead, we should, at this point, be very provocative in many ways to us, be- We sometimes, and quite rightly, look cognizant of the possible consequences cause to us they look as if they want to the effects on the United States by of PNTR. It will not be a panacea. It to, perhaps figuratively, take over the this trade deal. We presume that the will not change China overnight. It will world. In China, they recognize that re- only effects that are felt in China are not lead to a huge increase in Amer- cently their country was divided by positive, are beneficial, that in fact ican exports to China. It will, in fact, Americans, by British, by Germans, they are not going to make difficult create consequences that we may find and that their country was ruled by choices and decisions. In fact, the re- very difficult. In fact, one of the points others rather than themselves. All ality is they are already seeing the ef- I tried to raise with Premier Zhu these forces are at play. fects of this change, of this contact Rongji is that our expectations of The tremendous challenge to trans- with the West. China after PNTR will collide with the form this country, the fear of their own In the New York Times recently, reality of China and may, indeed, usher security as a nation, because of these there was an article about a factory in in a period of more tension rather than realities, we should not be surprised if China where the workers, who were less. China promises today more than it in- being let go because of the consolida- Now China wants desperately to be tends or even can deliver tomorrow tion of this factory by their Western part of this commercial system that is with respect to these agreements. owners, were seizing the management, made up of the United States and our In an article in the American Pros- were blockading the facility, were ef- major trading partners—for want of a pect, James Mann, who is a very astute fectively revolting from the effects of better term, ‘‘first world’’ countries— observer of China, pointed out that we international trade. all in precise terms, all carrying a frequently develop perceptions about There are examples of violence where sense of who the players are. But this China that are different than the re- inefficient state-owned mines and en- system has some embedded values with ality of China. Many perceive China terprises are threatened with closure which the Chinese will have to come to today as this modern country that is and workers are literally rising up to grips. an economic monolith of force, of in- Our system emphasizes the protec- demand that these facilities remain credible production, a force of endless tion of property rights. It also empha- open. and cooperative labor. They also see it So this change has also affected sizes the expectation of the regularity as a monolithic political system, with China. This change is recognized by the of governmental action. That is a po- the Communist party dominating, that leadership. I had the opportunity to lite term for ‘‘no corruption.’’ That is is capable of turning on a dime, turn- meet with Zhu Rongji, the Premier, at the heart of our trading system. ing the switch left or right. The reality while I was there just a few weeks ago. China has to come to grips with that. is more complicated. They understand very well that eco- Moreover, I do not believe China can nomic change will lead to political divorce itself from even more funda- The Chinese Communist Party plays change. They might not welcome it. mental values that are part and parcel the central role in the country, but it They might indeed try to avoid it. But of the world outside of developing is an institution with internal factions. they know that political forces, as well countries. They start with respect for Some favor engagement with the West. as economic forces, are unleashed when human rights, which is at the core of Some disfavor it. Some harken back to markets are open. That is one of the ef- our democratic values, and they in- the Maoist Cultural Revolution as the fects we will see through this extension clude protections for workers and the zenith of China. Others, quite prop- of permanent normal trade relations. environment. We may have been unsuc- erly—I hope the majority—reject that For many reasons, I believe to step cessful in getting into these agree- as a fantasy. But it is also a central au- away would be a mistake. It would im- ments, with force and with effect, lan- thority that is constantly challenged mediately embolden those who are our guage regarding human rights and by its provinces, constantly challenged most bitter antagonists within China. worker rights and environmental by local political leaders. And the mo- It would, in many ways, take away the rights, but no country or economy in dernity of China, if you go to Shang- legitimacy of those forces in China, not the world can operate indefinitely hai, if you go to Hong Kong, certainly liberals, but pragmatists who have today without recognizing these rights. since it has not been absolved back sought a relationship with the West, In a world of increasingly transparent into mainland China, that rapidly di- and the United States in particular, borders, the lessons of the economic, minishes as you go away from the that emphasizes trade over hostility, social and, indeed, one would say, coast, as you go to the older cities, that emphasizes engagement over con- moral success which has steadily im- Wuhan and Shenyang, which years ago flict. proved the life of those who live in was known as Mukden, and as you To step away would also allow indus- market economies in the West, do not travel to the small villages. Even with trial nations around the world to take escape the people in China and the peo- the wholehearted support of the leader- the benefits of our deal, the benefits of ple around the world. To the extent ship and the commitment of the party, our bilateral relationship, the benefits that they open themselves up to trade, it is hard to make things change. of open trade with China, while we in- they open themselves up to exposing Mann relates a meeting between effectively try to use our abstention, these values to their own people. President Nixon and Mao Zedong in our veto of China’s entry into WTO, as China has a monumental task as 1973. President Nixon opened with a bit very ineffectual political leverage to they embrace this notion of free trade. of flattery by saying: move them. It is not a one-way street. It is a two- The Chairman’s writings have moved the To step away would also represent a way street. They face the task of trans- nation and have changed the world. serious rupture in our relations with forming a system that is seriously un- Mao, without missing a beat, re- China that could not be explained away dermined by persistent corruption, torted:

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8531 I haven’t been able to change it. I have United States. There will be economic American products, banking, insur- only been able to change a few places in the sectors, communities, families who ance, telecommunications, business, vicinity of Beijing. will see their lives changed. We hope and computer services—all of which The power, the capability, the will- for the better, but we know that have had a difficult time getting into ingness of China to change is question- change works both ways. Industries are China. It also attempts to protect in a able. But we know with the advent of less competitive in certain cases. Prod- very meaningful way potential surges WTO, even without WTO, with the con- ucts can be produced more efficiently, in goods of China coming in to the U.S. tinued pressure of interaction inter- more effectively, more cheaply over- It allows us to use some domestic nationally, China will have to change. seas, displacing American workers. So dumping tools that we already have in It has to reform inefficient industries we have to recognize, too, that our re- our legal inventory. It has gone a long while it still tries to maintain current sponse to this issue is not simply pass- way to try to counteract a surge of employment and create 18 million jobs ing this legislation this week. It is con- Chinese products coming in. a year for new entrants into the labor tinuing our efforts, indeed, redoubling But opponents, and indeed pro- force. This task alone has led to angry our efforts to ensure that we have an ponents, of this legislation point out and sometimes violent conflict. It has education system in the United States an inescapable fact: We are running to overhaul its justice system. It has to that can prepare people for this world huge trade deficits to the world and, in root out corruption. It also has to con- of intense competition, that we have a particular, China. These trade deficits vince a very cynical population, par- health care system that will allow fam- are something we have to deal with. ticularly cynical about the Communist ilies, particularly children, to have ac- Coincidentally, today, it was just an- Party, that their future is going to be cess to the best care in the world, that nounced that the trade deficit has hit better rather than worse. we will have a disciplined fiscal policy an all-time high. It continued to break This is not an apology of China. This in this country that will provide the records this spring as foreigners kept pouring investment into the American is, I hope, a statement of the reality of foundation, along with sensible mone- economy and Americans stepped up the challenges they face and the chal- tary policy, for the continued expan- their buying of foreign goods. We have lenges that we have to understand as sion of our economy so that those eco- a huge problem with our trade deficit. not only trading partners but as major nomic benefits can flow not only to the powers in this world together. It is a ticking time bomb. China is a very few but to all Americans. big part of it, but China is not the only In this collision between faithful im- Our task is not to reject PNTR. Our plementation of WTO rules and the part of it. task, if we accept PNTR, which I sus- Interestingly enough, a rapidly in- prospect of profound change that faces pect we will, is to ensure that our ef- creasing percentage of American im- China, the Chinese leadership will be forts are directed to improve the qual- ports now comes from nations where more than tempted to delay or under- ity, the competitiveness, the abilities wages are actually higher than in the mine or misconstrue WTO rules. That, of our workers. When we do that, we United States—including Switzerland, I would posit, is a very high prob- will have much less to fear about the Germany, Denmark, Sweden, and Aus- ability. When this happens, ironically disruptive change that will come tria. They all enjoy booming exports the business community that is de- through PNTR. from the United States. The current scending upon us today to open up Now, I have spent some moments stereotypical thinking is that cheap China, to get China into WTO, will de- speaking about the major themes I see wages in China is why they proliferate scend upon us with equal force and say: emerging with respect to PNTR in rela- all their goods, and that is our prob- Get tougher. And even without scru- tionship to China. Let me take a few lem; we are competing the heck out of pulous adherence to the WTO, change more moments to talk about the tan- the old European countries. But it is going to come to China. If this gible aspects of this legislation before turns out that is not the case either. In change further exacerbates the plight us. This legislation is unlike other this world, company productivity, effi- of millions of workers, the leadership trade arrangements that I have de- ciency, quality in the workforce, and could embark on a strongly national- bated and voted upon, specifically re- to be productive are just as deter- istic and assertive foreign policy as a garding NAFTA, where we were low- mining. means to galvanize support, to distract ering our tariff barriers and opening My point in all of this is that we a disenchanted public from economic our markets, and we were looking at a have a trade deficit, but it is not sole- shortfalls. This could lead to more pro- comparable lowering of barriers in ly, exclusively a function of China. I liferation, more bellicose threats to Mexico. believe the response to that is not re- Taiwan, the kind of military rumors This is a situation where our mar- jecting PNTR. It is first recognizing that we all find disconcerting when it kets are already open to China. Our consciously the difficulty and begin- comes to China. markets have been open for years. This ning consciously and deliberately with Having said all this, having painted a is the first time, though, we have had respect to all of our trading partners to picture of what, in my view, are some meaningful tariff reduction by the Chi- get more American products into their of the realities of China, and having nese, meaningful elimination of non- markets, to properly look at the tech- very little confidence that this ar- tariff barriers by the Chinese, opening niques they are using to get their rangement will be adhered to scru- up of a broad range of American indus- goods into our market, and to, in ef- pulously and fairly and routinely and try—industrial, service industries, all fect, look at this problem not as a Chi- quickly, one might ask: Then why do of them—so that they can enter into nese problem but as an American prob- it? China, allowing our companies to oper- lem. And it will be an American prob- We might not be getting a lot out of ate without necessarily having Chinese lem if we do not pay sufficient atten- PNTR. Indeed, by voting for PNTR, we partners, allowing our companies to tion. It will be manifested in a sudden may only be trading the certainty of have their own distribution systems and rapid deterioration of our currency hostility for the chance to continue a within China. This is a deal, economi- if enough forces come into play. relationship that is frustrating at best. cally, that represents concessions by At present, we are living in a world But this relationship is critical to sta- the Chinese in terms of tariff barriers, in which the security of the American bility in the region and around the nontariff barriers, entry of American market, the attractiveness of our in- globe. For this reason, national secu- business, and investment with very lit- vestments, rules and regulations of the rity reason, if you would so describe it, tle, if any, concessions on our part be- SEC, and a host of other things, make this opportunity for stability, oppor- cause the reality is we have already, in America a safe haven, a place where tunity for time to work out some of effect, made those concessions years you want to put your money. But there these very fundamental problems is and years ago. may come a day when investors—and worth the effort. The agreement binds tariff rates that not principally Chinese investors, but We should also understand, as I have China will charge on our goods because others—decide they are going to start described the rigorous change that of the WTO framework, so that it can’t selling American currency short be- might come to China, that this agree- unilaterally raise the tariffs. As I men- cause they can put the money else- ment will not be painless for the tioned before, it covers a broad array of where.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8532 CONGRESSIONAL RECORD — SENATE September 13, 2000 Now, we have all seen the benefits of country. We have special provisions when, in implementation, they see us trade with China. I have seen it in that will last 12 years, which deal with as falling short; but just the oppor- Rhode Island. It has been growing from market disruptions and will not be lim- tunity, and I think to be able to have a very small base to a moderately larg- ited to any one product but to all the a forum to carefully discuss these er base, and it continues to grow. In products the Chinese may export to issues. It is better than turning away fact, years ago, one of the first glimps- this country. We also will still have ac- from China. It is better than inducing es I had of the global economy was cess to sections 301 and 201, and anti- hostilities. It is better than the alter- going to an Italian parade on Federal dumping mechanisms that are Amer- native. Hill in Providence, RI, meeting a gen- ican laws, but the Chinese have agreed Mr. President, I yield the floor. tleman with whom I chatted. I took to allow them to be used in this transi- f him to be a jewelry worker or some- tion and in this implementation of body who worked in the plant. It turns PNTR and WTO. ADJOURNMENT UNTIL 11 A.M. out he owned that business in Rhode Is- Congressman LEVIN of Michigan, as TOMORROW land. We were chatting and he asked part of the bill we are considering The PRESIDING OFFICER. In ac- me, ‘‘Have you ever been to China?’’ today, has also created an executive- cordance with the previous order, the That was 5 or 6 years ago. Then, he cas- legislative commission that will over- Senate now stands adjourned until 11 ually said he owned an aerosol factory see not only the trade impact but also a.m. on Thursday, September 14. in Beijing. So I knew when you go to the human rights issues that have been Thereupon, the Senate, at 8:25 p.m., an Italian festival in Providence and raised time and time again on this adjourned until Thursday, September chat with a businessman and he owns floor. This commission will be another 14, 2000, at 11 a.m. an aerosol factory in China, the world vantage point from which we can as- is getting much smaller. It is hap- sess and evaluate our relationship with f pening all across the country. China and their fidelity to the agree- NOMINATIONS What we have tried to do in this ments they have signed. agreement—we, the negotiators—is to Executive nominations received by The long and the short of it is that the Senate September 13, 2000: recognize that some of our products this is an agreement in its details that are very dear to the hearts of our which gives advantages to the United THE JUDICIARY economy will get some benefits. For States which will help us and which I RICHARD W. ANDERSON, OF MONTANA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF MON- example, on precious metals and jew- believe should be supported. TANA VICE CHARLES C. LOVELL, RETIRED. elry—a huge part of our economy and We are at a point where this measure IN THE ARMY still an important part—China will re- I believe will pass. We are at a point at THE FOLLOWING ARMY NATIONAL GUARD OF THE duce its tariffs from 40 percent to 11 which we are embarking on a continu- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- percent. That, we hope, will help. In SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ation of our relationship with China, TITLE 10, U.S.C., SECTION 12203: terms of information technology prod- but again a relationship that is still To be major general ucts, that is something we would like troubling to many. to be a bigger part of our economy, but PNTR will not cure all the defects we BRIG. GEN. WILLIE A. ALEXANDER, 0000 it is a growing part. China will elimi- see in China, nor eliminate all the de- THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- nate all duties on computers, elec- fects they see in the United States. But SERVE OF THE ARMY TO THE GRADE INDICATED UNDER tronics, fiber optic cable, as well as on it will continue to give us a framework TITLE 10, U.S.C., SECTION 12203: scientific and measuring equipment. to be engaged. It will continue to give To be brigadier general We have some of the oldest industrial us the opportunity and the time to COL. CAROLE A. BRISCOE, 0000 measuring companies in the world, work at some of these very funda- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT such as Browne and Sharpe; they, too, mental problems. It will challenge the IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: will benefit. And there are several Chinese in many respects to do as To be major general more products where we can see advan- much as we will be challenged —some tages that will accrue directly to my would argue, even more. BRIG. GEN. DAVID J. KAUCHECK, 0000 home State of Rhode Island. We, fortunately, have a system of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED Also, there is just a general benefit government that is not dominated by a UNDER TITLE 10, U.S.C., SECTION 624: to the businesses and workers of Amer- bureaucratic—and one would say To be brigadier general ica. It is very much manifested in anachronistic—single party. We have a COL. DANIEL F. PERUGINI, 0000 small- and medium-size businesses be- citizenry that is educated. We have so- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT cause they are doing more and more cial networks. We have Social Secu- IN THE UNITED STATES ARMY TO THE GRADE INDICATED trade with China. It has doubled in the rity. We have Medicare. UNDER TITLE 10, U.S.C., SECTION 624: last 5 years from about 3,100 small- and China—which is one of the ironies of To be brigadier general medium-size businesses trading with that great socialist bastion—has no COL. JEFFREY J. SCHLOESSER, 0000 China to about 7,600 trading today. system of national health care, has no THE FOLLOWING ARMY NATIONAL GUARD OF THE That should increase even more. Part system of pensions, has no system of UNITED STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDICATED of this arrangement in the President’s Social Security. It is all tied into the UNDER TITLE 10, U.S.C., SECTION 12203: proposal in terms of making PNTR terribly inefficient state-owned enter- To be major general work is making the Department of prises. And if they try to change these BRIG. GEN. JOHN E. STEVENS, 0000 Commerce more active in promul- state-owned enterprises, they are going To be brigadier general gating trade with China—going out and to have to create, in effect, a social COL. RICK BACCUS, 0000 educating small- and medium-size busi- welfare system, which we already have COL. ABNER C. BLALOCK JR., 0000 nesses about the advantages of trade in place. COL. JOHN M. BRAUN, 0000 BRIG. GEN. GEORGE A. BUSKIRK JR., 0000 with China, and show them through But I also don’t want to minimize the COL. JAMES R. CARPENTER, 0000 web sites and informational brochures fact that in the lives of many Amer- COL. CRAIG N. CHRISTENSEN, 0000 COL. PAUL D. COSTILOW, 0000 how to get into the Chinese market. ican families, this legislation could COL. JAMES P. DALEY, 0000 Once again, I believe—and maybe this force change. But the opportunity to COL. CHARLES E. FLEMING, 0000 COL. CHARLES E. GIBSON, 0000 is the essence of our mutual faith in continue this engagement, the oppor- COL. MICHAEL A. GORMAN, 0000 this country—that once our business- tunity to insist that the Chinese not COL. JOHN F. HOLECHEK JR., 0000 COL. MITCHELL R. LECLAIRE, 0000 people and our workers have the idea only participate in a world order but be COL. RICHARD G. MAXON, 0000 and the knowledge to go out and do responsible for values of that order, is COL. GARY A. PAPPAS, 0000 COL. DONALD H. POLK, 0000 something, they are going to do it and an opportunity I don’t think we can COL. ROBLEY S. RIGDON, 0000 do it very well. pass up at this time. COL. CHARLES T. ROBBS, 0000 As I mentioned previously, we have I will support this measure. I also COL. BRUCE D. SCHRIMPF, 0000 COL. THOMAS J. SULLIVAN, 0000 already built in some protections look forward to the opportunity to COL. BRIAN L. TARBET, 0000 against inevitable, or at least possible, come back here again when, in imple- COL. GORDON D. TONEY, 0000 COL. ANTONIO J. VICENS-GONZALEZ, 0000 surges of Chinese imports into our mentation, we see that they fall short; COL. WILLIAM L. WALLER JR., 0000

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COL. CHARLES R. WEBB, 0000 MARK A. MALAKOOTI, 0000 ERIK R. NILSSON, 0000 COL. WILLIAM D. WOFFORD, 0000 FREDERICK J. MC DONALD, 0000 KEVIN M. NORTON, 0000 COL. KENNETH F. WONDRACK, 0000 MARY A. MC MACKIN, 0000 CATHERINE L. O CONNOR, 0000 COL. RONALD D. YOUNG, 0000 WILLIAM R. MEEKER, 0000 CRAIG R. OLSON, 0000 CHRISTOPHER S. QUARLES, 0000 LISA A. OSBORNE, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE RICHARD L. SIEMENS, 0000 NORMAN C. OWEN, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE BRADLEY H. SMITH, 0000 JACQUELINE R. PALAISA, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED PATRICIA A. TORDIK, 0000 IMELDA L. PAREDES, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: TODD L. WAGNER, 0000 ANANT R. PATEL, 0000 To be major general To be lieutenant JEFFREY M. PAUL, 0000 JOHN C. PROFERA, 0000 BRIG. GEN. WILLIAM J. DAVIES, 0000 DAVID R. APPEL, 0000 VANE A. RHEAD, 0000 BRIG. GEN. GEORGE T. GARRETT, 0000 BRAD L. ARTHUR, 0000 RONALD RIOS, 0000 BRIG. GEN. DENNIS A. KAMIMURA, 0000 ALBERT R. BAKER, 0000 WILMA J. ROBERTS, 0000 BRIG. GEN. BRUCE M. LAWLOR, 0000 DAVID G. BAPTISTA, 0000 JON P. RODGERS, 0000 BRIG. GEN. TIMOTHY E. NEEL, 0000 JOEL D. BASHORE, 0000 CHRISTOPHER ROPER, 0000 BRIG. GEN. LARRY W. SHELLITO, 0000 JERRIS L. BENNETT, 0000 THOMAS D. RUTLEDGE, 0000 BRIG. GEN. DARWIN H. SIMPSON, 0000 TIMOTHY J. BERGAN, 0000 RODNEY L. SANDERS, 0000 BRIG. GEN. EDWIN H. WRIGHT, 0000 WILLIAM G. BERRY, 0000 DAVID R. SAUVE, 0000 To be brigadier general LEAH A. BERSAMIN, 0000 THOMAS SCHLATER, 0000 MICHAEL B. BEZA, 0000 MICHAEL S. SEATON, 0000 COL. GEORGE A. ALEXANDER, 0000 BRIAN A. BISHOP, 0000 WANDA L. SELLERS, 0000 COL. CHARLES C. APPLEBY, 0000 SHELLY R. BLADOW, 0000 REDENTOR P. SESE, 0000 COL. TERRY F. BARKER, 0000 MARC E. BOYD, 0000 ERIC J. SIMON, 0000 COL. JOHN P. BASILICA JR., 0000 ERIC K. BRESSMAN, 0000 JAMES A. SINCLAIR, 0000 COL. WESLEY E. CRAIG JR., 0000 STEPHEN P. BROMBEREK, 0000 NATHAN D. SNIPES, 0000 COL. JAMES J. DOUGHERTY JR., 0000 ANNE M. BROWN, 0000 RHONDA K. STELL, 0000 DEIRDRE L. BROWN, 0000 COL. RONALD B. KALKOFEN, 0000 LENWOOD P. STEWARD, 0000 SARAH A. BROWNE, 0000 COL. EDWARD G. KLEIN, 0000 ROBERT W. STOVER, 0000 SHAWN J. BRUNELLE, 0000 COL. THOMAS P. LUCZYNSKI, 0000 JOHN R. SUDDUTH, 0000 CHARLES R. BULL JR., 0000 COL. JAMES R. MASON, 0000 JON M. TAYLOR, 0000 JAMES E. CARSTEN, 0000 COL. GLEN I. SAKAGAWA, 0000 JOHN B. THEISZ, 0000 SUSAN D. CHACON, 0000 COL. JOSEPH J. TALUTO, 0000 MICHAEL VECERKAUSKAS, 0000 CHRISTINE A. CHAMBERS, 0000 COL. THOMAS S. WALKER, 0000 DOUGLAS S. VELVEL, 0000 ROSEANNA A. CHANDLER, 0000 COL. GEORGE W. WILSON, 0000 TODD A. WANACK, 0000 CARMEN D. CHRISTIAN, 0000 COL. IRENEUSZ J. ZEMBRZUSKI, 0000 JAMES R. WATTS, 0000 CYNTHIA K. CHRISTIAN, 0000 MARK D. WEAVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WANDA A. CORNELIUS, 0000 BRUCE J. WEBB, 0000 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CHRISTOPHER J. CORVO, 0000 JERRY P. WEBB, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER D. COURTLEY, 0000 GLORIA A. WHITMIRE, 0000 WILLIAM C. COZZA, 0000 To be major general WAYNE R. WILCOX, JR., 0000 JOHN M. DANIELS, 0000 ROBERT R. WILLIAMS, 0000 BRIG. GEN. HERBERT L. ALTSHULER, 0000 WILLIE P. DANIELS, 0000 LELITIA D. WOOTSON, 0000 BRIG. GEN. RICHARD E. COLEMAN, 0000 WILLIAM C. DEATON, 0000 KATHERINE A. ZECH, 0000 BRIG. GEN. B. SUE DUEITT, 0000 EVELLYN DECAAL, 0000 BRIG. GEN. MICHAEL R. MAYO, 0000 PHILIP M. DECKER, 0000 To be lieutenant (junior grade) BRIG. GEN. ROBERT S. SILVERTHORN JR., 0000 JOYCE M. DOYLE, 0000 BRIG. GEN. CHARLES E. WILSON, 0000 DWAYNE D. DUCOMMUN, 0000 DOUGLAS J. ARNOLD, 0000 JUNIUS DURAL JR., 0000 HEATHER E. BALDWIN, 0000 To be brigadier general JOHN E. ECKENRODE, 0000 PAUL V. BANDINI, 0000 THOMAS C. ENGLAND, 0000 MICHAEL R. BENSCH, 0000 COL. MICHAEL G. CORRIGAN, 0000 RUEL G. ENRIQUEZ, 0000 DAVID S. BRINSON, 0000 COL. JOHN R. HAWKINS III, 0000 BENEDICT H. EU, 0000 MARK J. BROWNFIELD, 0000 COL. GREGORY J. HUNT, 0000 EDWARD J. FIORENTINO, 0000 LENN E. CARON, 0000 COL. MICHAEL K. JELINSKY, 0000 DAMIAN D. FLATT, 0000 NOEL W. COLON, 0000 COL. ROBERT R. JORDAN, 0000 MICHAEL T. FLEETWOOD, 0000 BRENNA C. CONWAY, 0000 COL. DAVID E. KRATZER, 0000 ALFONSO FLORES, 0000 CHRISTOPHER C. CRONINGER, 0000 COL. MICHAEL A. KUEHR, 0000 BEN T. FOSTER, 0000 SEAN P. DALTON, 0000 COL. BRUCE D. MOORE, 0000 NATHAN T. FRANCIS, 0000 JASON K. EDGINGTON, 0000 COL. CONRAD W. PONDER JR., 0000 DON S. FURUKAWA, 0000 CHRISTOPHER A. FOTOS, 0000 COL. JERRY W. RESHETAR, 0000 PETER D. GALINDEZ, 0000 GORDON J. GLOVER, 0000 COL. BRUCE E. ROBINSON, 0000 KENDRA LEE K. GASTRIGHT, 0000 JEAN A. GREGG, 0000 COL. JAMES R. SHOLAR, 0000 ALLEN COLLEEN M. GLASER, 0000 ALEX R. GRIEG, 0000 COL. EDWIN E. SPAIN, 0000 TODD S. GLASSER, 0000 ERIKA D. HARDING, 0000 COL. STEPHEN B. THOMPSON, 0000 DEBORAH L. GOODWIN, 0000 DAMON B. HEEMSTRA, 0000 COL. GEORGE W. WELLS JR., 0000 CHARLES E. GREENERT, 0000 KHARY W. HEMBREE, 0000 IN THE MARINE CORPS ELIZABETH L. GREENWOOD, 0000 SCOTT HERMON, 0000 JAMES E. GRIMES, 0000 FERDINAND C. HERRERA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARC F. GUARIN, 0000 BRETT D. INGLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- AMBERLY M. HALL, 0000 BARRY L. JAMES, JR., 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ISTVAN HARGITAI, 0000 SHERRI L. LANEJOHNSON, 0000 To be major FREDDIE R. HARMON, 0000 RUSSELL G. LAWRENCE, 0000 JOHN A. HELTON, 0000 JEFFREY D. LENGKEEK, 0000 DAVID L. LADOUCEUR, 0000 CHRISTOPHER H. HERR, 0000 SANTO MC ADOO, 0000 MARK C. HOLLEY, 0000 MICHAEL D. MC CORKLE, 0000 IN THE NAVY MARY M. HUPP, 0000 SAUL MONTES, 0000 STEPHEN B. JACKSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRENDAN G. MURPHY, 0000 PATRICK E. JANKOWKSI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RYAN L. NATIONS, 0000 SANDRA K. JOHNSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL K. OBEIRNE, 0000 CHRISTOPHER L. JONES, 0000 RACHEL A. PERRY, 0000 To be captain ELISABETH B. JONES, 0000 JASON M. PICARD, 0000 LAUREN E. JONES, 0000 KATHRYN L. PINEDA, 0000 JEFFREY N. ROCKER, 0000 SHARI F. JONES, 0000 ROGER L. PIRKOLA, 0000 TIMOTHY F. KEETON, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- RUSSELL C. RANG, 0000 TERESA L. KIESSLING, 0000 POINTMENT TO THE GRADES INDICATED IN THE UNITED LARA A. RHODES, 0000 ERIN C. KOON, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND LUIS RIOSECO, JR., 0000 VENNESSA LAKE, 0000 5582: THOMAS F. ROBBINS, 0000 TIMOTHY G. LAMB, 0000 JAMES M. ROBERTSON, 0000 To be commander LUCIAN C. LAURIE, JR., 0000 LAURIE SCOTT, 0000 RANDALL K. LIMBERG II, 0000 JOSEPH D. SEARS, 0000 JERRY C. MAZANOWSKI, 0000 JAMES A. LINK, 0000 LEONARD W. SIMMONS, 0000 ROBERT L. SCHETKY, 0000 STEVEN L. LOBERG, 0000 PRUDENCE Y. SLOWE, 0000 ANTHONY C. SMITH, 0000 JAMES M. LUCCI, 0000 SCOTT M. SMALL, 0000 To be lieutenant commander PETER M. LUNDBLAD, 0000 SEAN G. SMITH, 0000 ANGELA R. MACON, 0000 ROBERT W. SPEIGHT, 0000 WILLIAM D. AGERTON, 0000 STEVEN R. MARSHALL, 0000 SUSAN B. SPERLIK, 0000 KARIE F. ANDERSEN, 0000 CHRISTOPHER A. MARTINO, 0000 FRANCIS J. STAVISH, 0000 OCTAVIO A. BORGES, 0000 ROBERT F. MASSARO, 0000 DUDE L. UNDERWOOD, 0000 JOHN T. CONTRERAS, 0000 CHARLES G. MC KINNEY, 0000 LANA L. VANVOORHEES, 0000 KARINE M. CURETON, 0000 JON A. MELLIS, 0000 LYNN D. VAUGHN, JR., 0000 JUDITH M. DICKERT, 0000 DENNIS I. MILLS, 0000 DONALD R. VOELBEL, 0000 STEPHEN M. GILL, 0000 MARK S. MORRELL, 0000 LETITIA R. WHITE, 0000 MARTHA K. GIRZ, 0000 THOMAS M. MOSKAL, 0000 JAMES WHYTE IV, 0000 VANCE M. GOOCH, 0000 CHRISTOPHER T. MURPHY, 0000 RONALD A. WOODALL, 0000 JORGE A. GRAZIANI, 0000 DORIS J. NEDVED, 0000 KURT A. HENRY, 0000 JUANITA NEIL, 0000 To be ensign JEFFREY J. LAUGLE, 0000 JOSEPH H. NEUHEISEL, 0000 GERARD J. MAHONEY, 0000 GREGORY G. NEZAT, 0000 JAMES S. CARMICHAEL, 0000

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 9801 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1445 EXTENSIONS OF REMARKS

MINIMUM WAGE COMPROMISE outward from the already established Town of BILINGUAL EDUCATION Dedham, Massachusetts, into the wilderness HON. DOUG BEREUTER seeking to build a new life for their families. HON. DOUG BEREUTER OF NEBRASKA In 1651, those pioneers incorporated the OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES Town of Medfield as the forty-third town in the IN THE HOUSE OF REPRESENTATIVES Tuesday, September 12, 2000 Commonwealth of Massachusetts and quickly Tuesday, September 12, 2000 Mr. BEREUTER. Mr. Speaker, I submit for adopted the town meeting form of government Mr. BEREUTER. Mr. Speaker, I submit for my colleagues the following editorial, from the that exists to this day in Medfield and in count- my colleagues this editorial from the August September 7, 2000, edition of the Norfolk less towns throughout the Commonwealth and 23, 2000, Omaha World-Herald regarding the Daily News. This editorial highlights the letter the Nation. effectiveness of bilingual education. sent by House Speaker DENNIS HASTERT to As an inducement to participate in town [From the Omaha World-Herald, Aug. 23, the President both on the minimum wage and meetings, it was voted that any citizen of 2000] on small business tax cuts. In particular, this BILINGUAL ED TAKES A HIT editorial recognizes the Speaker's efforts to- Medfield that arrived at the town meeting after nine o'clock would be fined twelve pence. Se- Ken Noonan, a California public school wards compromise on this. principal, has an interesting story to tell. It lectmen were compensated for their public [From the Norfolk Daily News, Sept. 7, 2000] begins: I was wrong. service with a free dinner, while the custodian/ Noonan, whose story was related in The A COMPROMISE—HOUSE SPEAKER HASTERT OF- New York Times on Sunday, spent many FERS METHOD TO REACH DEAL ON MINIMUM drummer was paid twenty shillings for his years as a leading proponent of bilingual WAGES labor. education. That’s a way of educating stu- House Speaker Dennis Hastert says he be- Mr. Speaker, the Town of Medfield has, dents who enter school not knowing the lieves it possible for congressional Repub- since its founding and throughout its history, English language. The theory is that these licans and the Clinton administration to demonstrated the civic mindedness, sense of students can learn best by taking their reach agreement on the minimum wage math, science, history and other subjects in issue. honor and duty, and compassion that have their native tongue. Over time, they make a The White House and Democrats on Cap- made this country the beacon of hope and gradual transition into English, partly as a itol Hill had sought a minimum wage in- freedom it has become to people from all over result of studying it on the side as a second crease of more than the dollar over a two- the world. The brave, and self-reliant men and language. year period that many Republicans believed women who founded America's first towns Or so the theory goes. acceptable. Mr. Hastert’s colleagues wanted So enamored of bilingual education was that spread over a three-year period. They bore the hardships that were the cornerstone Noonan that, 30 years ago, he founded the have relented. of the American character, and the citizens of California Association of Bilingual Edu- The compromise outlined by Mr. Hastert Medfield have demonstrated that character cators. In the 1990s, when opponents of bilin- includes a tax package that would benefit since the year Medfield was first established. gual education proposed a ballot initiative the small businesses most affected by to discontinue its use, he was one of the changes in the minimum wage scale. There- In that spirit, when the City of Boston was leaders in the fight to preserve the status fore, its risks of broader adverse economic blockaded by the King's Navy under the Intol- quo. effects are reduced. erable Acts, the citizens of Medfield did not ‘‘I thought it would hurt kids,’’ he said of Given the fact that current employment the ballot initiative. conditions mean the minimum wage is less hesitate in collecting and delivering one-hun- But the initiative passed. In effect, stu- frequently the starting wage today, the im- dred and thirty-two pounds of pork, four hun- dents who don’t speak English are required pact may be limited. There is still the risk, dred and two pounds of cheese, and twenty- to plunge in and do their best. In the two though, that the figure is high enough that two cartloads of wood to aid their fellow colo- years since the initiative took effect, test employers can be discouraged from hiring nists in time of need. scores in the target group have risen sharp- the unskilled and marginal workers most in ly. Kids are learning English. And Noonan, need of job opportunities. Mr. Speaker, one hundred and fifty-four citi- who predicted that children would be hurt, Raising mandatory minimums is a dan- zens of Medfield saw combat in the Revolu- now says: ‘‘The exact reverse occurred, to- gerous political exercise. Politicians cannot tionary War, which at that time, reflected one tally unexpected.’’ He said children are create jobs on a lasting basis, but they can learning formal and written English ‘‘far easily destroy them and harm the economy out of five people of Medfield's entire popu- more quickly than I ever thought they by trying to fix wages in the private sector. lation. would.’’ So it is important that their perennial tend- Throughout American history and the history Research, he said, says it takes seven years ency to raise them be moderated. Mr. for students to learn English. In practice, Hastert’s effort is in that spirit, and it is a of the Commonwealth, Medfield has played a they showed considerable progress in 9 to 12 test of President Clinton’s willingness to prominent and honorable role. Akin to the pub- months. reach a reasonable compromise. lic mindedness of their ancestors, Medfield's The Times, in its story about the higher f citizens continue to demonstrate a commit- test scores, noted that some educators are ment to working together in order to enhance still reserving judgment. For one thing, it’s TOWN OF MEDFIELD uncertain how many schools made a com- the public good. ANNIVERSARY plete break from bilingualism. Other im- Mr. Speaker, I am proud to report that the provements, including a reduction in class same strength, character, and perseverance sizes, may account for some of the progress. HON. JOHN JOSEPH MOAKLEY And the overall scores, even though they OF MASSACHUSETTS that has sustained Medfield over the last three rose, are still embarrassingly low. IN THE HOUSE OF REPRESENTATIVES hundred and fifty years, continues unfettered From the experience of Noonan and others to this day as is evidenced by the outstanding in California, however, it’s possible to draw a Tuesday, September 12, 2000 achievements of the town officials, and the few conclusions about the way society edu- Mr. MOAKLEY. Mr. Speaker, I wish to ac- citizens investing in their future by maintaining cates its children: Too often the educational establishment knowledge the Three Hundred and Fiftieth An- perhaps the finest school system in the Com- niversary of the Town of Medfield, Massachu- trusts in theories, such as the theory Noonan monwealth of Massachusetts. thought justified giving students seven years setts and in so doing reference the fine histor- Mr. Speaker, it is my distinct honor to pay to learn English, when common sense cries ical research of Richard DeSorgher in com- out for more documentation. No one knows piling a perspective of the Town's history. tribute and to bring congratulations and thanks how much damage has been done by the var- Mr. Speaker, in the month of June, in the to the men, women, and children of Medfield, ious new maths and watered-down histories year 1650, a small group of pioneers ventured from the United States Congress. that have come along over the years in the

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

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.000 pfrm04 PsN: E13PT1 E1446 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 name of making education more ‘‘progres- ago, the name of the facility was changed to educational college preparatory school in the sive.’’ Knollwood and a new resident policy was insti- LaSallian tradition. One of the worst ways to harm children is tuted to include retired military personnel and After opening in 1900, CBA's first structure to expect too little of them. That bores them their spouses. was replaced by a three-story school building and teaches that school is of little con- in 1904, which remained the ``Brothers' Boys'' sequence. These feelings are compounded by A driving force behind this successful oper- artificial esteem-boosting, such as the praise ation was General Dwight D. and Mrs. Eisen- home until it moved to a modern campus in of accomplishments that aren’t really ac- hower. The Army Distaff Foundation, Inc. an- DeWitt, New York in 1961. Today, that mod- complishments. This makes them feel sheep- nually recognizes an individual whose con- ern campus on the corner of Kimber and Ran- ish. Challenging them with real work makes tributions to the military are outstanding. The dall Roads continues to be transformed. In them feel the pride that can come only from current recipient of the Eisenhower Distin- conjunction with the school's centennial cele- growing, stretching, maturing and mastering guished Citizens Award is historian and au- bration, the Board of Trustees has undertaken a difficult task. a $7 million capital campaign to upgrade and Immigrants, for the most part, want to thor, Stephen E. Ambrose, Ph.D., and his cita- tion is as follows: expand the CBA campusÐincluding the con- learn English. Critics who accuse them of struction of a Fine Arts wing, renovation and the contrary are generally basing their opin- Stephen Ambrose has devoted his whole ions on assumed or incomplete information. professional life to the writing of deeply in- expansion of science facilities, the addition of Bilingual education, The Times said, took sightful accounts of critical moments in Amer- new classrooms and multi-media labs, and the root because of strong support in Congress. ican history. From the explorations of Lewis construction of new athletic practice facilities. Extra money was provided for bilingual pro- and Clark in the early 1800's, to his works on In addition, the campaign will provide an in- grams, following the idea that government the Civil War, the Indian Wars, and World War creased number of endowed scholarships to knows best. make CBA's strong educational program avail- Of course, government doesn’t always II, Dr. Ambrose has brought into focus the pro- found hardships and perils of many out- able to more needy young men and women in know best. Just ask the founder of the Cali- the Syracuse area. standing historical events. In doing so, he has fornia Association of Bilingual Educators. Throughout its existence, Christian Brothers He has a story that’s worth listening to in revealed the strength, the determination, and Academy has responded to the changing any other place where bilingual education is the courage of the men and women who times. Junior high grades were added in 1977 producing less-than-satisfactory results. risked their lives to achieve the needs and the in an effort to counter declining numbers with f goals of our country. the addition of two Diocesan regional high Dr. Ambrose chronicled the achievements of schools, the dress code was relaxed, aca- THE ARC OF MONTGOMERY men and women of all ranks in World War IIÐ COUNTY demic course options were implemented and citizens who braved adversity to overcome the females were admitted in 1987 with the clo- barbaric threat to the free world. In an initiative sure of the all-girl Franciscan Academy in Syr- HON. CONSTANCE A. MORELLA of enduring importance going beyond his his- acuse. OF MARYLAND torical writings, he brought into being the Na- While receptive to improvements, CBA has IN THE HOUSE OF REPRESENTATIVES tional D-Day Museum in New Orleans, an in- held many traditions constant. Its annual Musi- stitution that celebrates and commemorates Tuesday, September 12, 2000 cale continues, and CBA remains a local pow- the American spirit, teamwork, optimism, cour- erhouse in scholastic athletics, winning a vari- Mrs. MORELLA. Mr. Speaker, I would like to age, and sacrifice of the men and women who ety of sectional, state and Eastern States express my appreciation and support for the won World War II. Catholic Schools titles in men's football, base- Arc of Montgomery County. For the past 40 As a result of Dr. Ambrose's careful docu- ball, basketball and soccer, and in women's years, this organization has sponsored the mentation and analysis of the major cam- varsity swimming. Fashion Show Benefit each spring as its major paigns of World War II, he has been a force CBA graduates are successful professionals annual fund-raiser event. The proceeds of this in the field of international education. His and parents residing throughout our nation, wonderful benefit go toward improving the works have been published in numerous lan- and dozens of Central New York's past and lives of people with mental disabilities and guages and he has lectured at nearly all the present elected leaders boast of Brothers' di- their families. Over the years more than leading universities in Europe. Central to all plomas. As a member of the CBA Class of 20,000 people have attended this event, which his presentations, he has been a storyteller 1966 myself, it gives me great pleasure to rec- has netted about $1.2 million. Throughout its who vividly explains, illustrates, informs, and ognize Christian Brothers Academy on 100 history, the Arc of Montgomery County Fash- entertains. years of service to our community as we con- ion Show has been planned and organized by Throughout his lifetime of work, Dr. Am- tinue with ``pride in our past and faith in our fu- hundreds of dedicated volunteers, who choose brose has distinguished himself in his field by ture.'' Congratulations. a theme, produce publications, coordinate an showing the need for military preparedness, f auction, assemble elaborate decorations and and by describing the achievements of Amer- HONORING MR. ARMAND AUDINI market the event. The Arc of Montgomery ican leaders, and the citizen soldiers whom County is proud to be associated with all the they led, thereby illustrating the historical herit- volunteers who have contributed to the event, age of America and Americans. The nation HON. HEATHER WILSON and with the program participants who have stands in debt to this accomplished storyteller OF NEW MEXICO benefitted. who has added so much to our knowledge of IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I too have been proud to be what has gone before. Tuesday, September 12, 2000 associated with the Arc of Montgomery County f Mrs. WILSON. Mr. Speaker, today I would and their volunteers. I commend them for their like to share with you the story of Mr. Armand outstanding achievements. TRIBUTE TO CHRISTIAN BROTH- Audini better known as ``Dini'' to his co-work- f ERS ACADEMY ON THE OCCA- ers. Mr. Audini has worked at the New Mexico SION OF ITS CENTENNIAL CELE- VA Medical Center in Albuquerque New Mex- THE EISENHOWER DISTINGUISHED BRATION ico for 30 years now. Because of his dedica- CITIZENS AWARD tion and loyalty, Green Thumb Inc. presented HON. JAMES T. WALSH this octogenarian with the most Outstanding HON. TOM BLILEY OF NEW YORK Older Worker award. OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES Mr. Audini is truly a shining example of America's mature worker who is changing the IN THE HOUSE OF REPRESENTATIVES Tuesday, September 12, 2000 stereotypes about aging and he serves as a Tuesday, September 12, 2000 Mr. WALSH. Mr. Speaker, Christian Broth- positive role model for our younger generation. Mr. BLILEY. Mr. Speaker, in keeping with its ers Academy first opened its doors to 17 male Mr. Audini has seen his work process enter policy, ``the Army takes care of its own,'' the students on September 4, 1900 in a house on the world of ``high tech'' and he has met the members of the U.S. Army and their families the corner of North State and East Willow challenge of a computerized environment ad- and friends financed and constructed the Army Streets in the city of Syracuse, New York. mirably. Distaff Hall at 6200 Oregon Avenue, Wash- Since that time, Christian Brothers Academy, Mr. Speaker, please join me in honoring Mr. ington, D.C. The facility, designed to provide a referred to locally as CBA, has grown to be- Audini's enthusiasm and commitment to to- haven for the widows of deceased military per- come a dominant force in scholastic education day's work force. He truly exemplifies that sonnel, was completed in 1962. Ten years in Central New York as a private, Catholic, co- Ability is Ageless.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.004 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1447 IN RECOGNITION OF REFLEXITE Mr. Newman is an excellent example of the Spanish-American War and World War I. Mr. CORPORATION’S 30TH ANNIVER- ``self-made man.'' Born in the Hell's Kitchen Newman himself served in the Navy during SARY AND 15TH ANNIVERSARY area of Times Square in New York, he earned World War II. OF THE ESTABLISHMENT OF money in his youth by running errands for the Mr. Newman is also a dedicated family man, THEIR EMPLOYEE STOCK OWN- actors and actresses of the Theater District. married for 60 years to his wife, Amy. The ERSHIP PLAN (ESOP) He and his friends soon became a small bit of couple are the parents of two (including their show business themselves, singing in a trio at son, George Jr., who died of illness many HON. NANCY L. JOHNSON the 42nd Street Shuttle subway station. One years ago), and grandparents of five. OF CONNECTICUT memorable Thanksgiving Day, he and his Mr. Speaker, I ask my Colleagues in the IN THE HOUSE OF REPRESENTATIVES friends brought in $45 between them, prompt- House of Representatives to join me in thank- ing Mr. Newman. Once again, his record of Tuesday, September 12, 2000 ing his father to encourage him to continue his subway singing career. He continued bringing achievement in business, his generosity in phi- Mrs. JOHNSON of Connecticut. Mr. Speak- in $15 a week throughout his youth, a large lanthropy and his willingness to help the less er, I enthusiastically support Reflexite Cor- sum in those days. fortunate illustrate how he is a wonderful ex- poration's celebration of their 30th year as a Show business was not to be Mr. Newman's ample of ``The Greatest Generation.'' company and 15th year of the establishment career, however. A job as a sign painter's f of their Employee Stock Ownership Plan helper enlightened him to the profit potential of (ESOP). On September 16, 2000, Reflexite SPEECH OF GENERAL ERIC outdoor billboards. He eventually founded Al- SHINSEKI will celebrate many accomplishments; being a lied Outdoor Advertising Inc., which today is world leader in the creation of microprism the leading privately owned outdoor adver- retroreflective technology that is unparalleled tising business in metropolitan New York. The HON. IKE SKELTON OF MISSOURI by any other company, their fundamental com- company's billboards are used by many of the IN THE HOUSE OF REPRESENTATIVES mitments and excellence in technology, quality nation's leading major corporations to promote and customer service, and allowing all em- their products in prime advertising locations Tuesday, September 12, 2000 ployees to contribute to the growth of the com- around the nation's largest city. As Mr. New- Mr. SKELTON. Mr. Speaker, on August 11, pany through ownership. In 1985, Reflexite man's advertising business grew, he ex- 2000, General Eric Shinseki addressed the Corporation established its ESOP and was re- panded it to take advantage of his subway ex- Military Order of the World Wars in Kansas cently recognized as the New England ESOP perience by creating the New York Subways City, Missouri. I submit his speech for the Company of the Year, 2000. RECORD: Since its founding, Reflexite Corporation has Co. That firm successfully bid for the right to achieved technological breakthroughs that advertise in the city's subway system and ele- Congressman Skelton—thank you for that continue to open new markets throughout the vated train system, placing more than 26,000 generous introduction. It’s good to be here world. Reflexite's worldwide network of mem- advertising signs in stations across the city. with you this evening—thanks also for your Mr. Newman's business acumen extends to service to our nation and the Army as the ber companies also strive for excellence, serv- real estate and transportation as well. Seeing ranking member of the House Armed Serv- ice, and commitment to technological ad- the need for a major railroad terminal in the ices Committee. Your commitment to the vances in the industry. Reflexite Corporation is Meadowlands, Mr. Newman 26 years ago national defense and your passion for the a civic minded company, reaching out to nu- well-being of our men and women is leg- founded the Allied Junction Corp. and pur- merous groups and individuals, improving endary. We are indebted to you. Ladies and chased the property where the new station is many lives. Their success has been achieved gentlemen—please join me in thanking Con- now being built. Similar in scale to Grand Cen- through the hard work, creativity and deter- gressman Ike Skelton for his devotion to the tral Station in New York, the project includes soldiers, civilians, and family members of mination on the part of the employee-owners. four 40-story office towers, a hotel and con- the Army. It is with great pride that I rise to recognize ference center that will create thousands of In this room this evening are also some their tremendous accomplishments and con- other patriots who have been great sup- jobs and countless benefits for the people of tributions to the State of Connecticut. porters of our military and our veterans. New Jersey while at the same time addressing f Many have served our nation in war; among the region's demanding transportation needs. their numbers are those who have felt the THANKING GEORGE NEWMAN FOR The project is funded in part by a $450 million sting of battle. But all have provided our HIS SUPPORT OF THE WWII ME- federal contract secured by former Congress- communities the kind of leadership that has MORIAL man Robert A. Roe, who headed the House made this country what it is today. To the Public Works and Transportation Committee. Kansas City Chapter of the Military Order of The Meadowlands Chamber of Commerce the World Wars, thank you for your support HON. MARGE ROUKEMA of our soldiers and veterans. OF NEW JERSEY has named Mr. Newman the ``Man of the You know, this country enjoys a unique IN THE HOUSE OF REPRESENTATIVES Year'' and the Hackensack Meadowlands De- status in the community of nations. We are velopment Commission has named him ``Busi- a great nation, and we enjoy a vibrant and Tuesday, September 12, 2000 nessman of the Year,'' both in recognition of flourishing economy. No other nation enjoys Mrs. ROUKEMA. Mr. Speaker, I thank one his contributions to the economic vitality of the our unique status in the way that we do of my constituents, George Newman of community. today. Americans enjoy these special cir- Oradell, New Jersey, for his magnanimous Mr. Newman has shared his good fortune cumstances, but many do not associate our generosity in supporting the World War II Me- national strength and our economic health with the community, contributing millions of with the readiness and professionalism of our morial being planned for construction in Wash- dollars to charitable and community organiza- military forces. The fact is, however, that ington, D.C. Mr. Newman is scheduled to tions in an attempt to assist the less fortunate. you don’t get to be a great power with the present a check for $250,000 to organizers of He has generously supported the William Car- world’s leading economy without also having the Memorial this Friday. This important me- los Williams Art Center in Rutherford, which a world class military that is respected by morial will offer our nation's thanks to the named its theater in his honor; Holy Name our allies and feared by our adversaries. Our thousands of men and women who gave their Hospital, which named its cardiac diagnostic military forces enable the great nation sta- lives defending freedom and opposing tyranny center in his honor, and the Church of St. Ga- tus enjoyed by the American people. No one understands or appreciates the importance of in the greatest battle of right and wrong we briel the Archangel medical clinic in Newark. that link better than those who have de- have seen in the past century. Mr. Newman, He has also given generously to many local fended this wonderful country of ours in war through the George W. and Amy Newman parishes of the Catholic Church and to Catho- or those who have the responsibility of as- Foundation, will also contribute $100,000 to lic schools including Don Bosco Prep High suring the readiness of its military capabili- the United States Navy Memorial in Wash- School and Bergen Catholic High School. He ties on a daily basis. The Military Order of ington and $50,000 to the Submarine Memo- has made repeated gifts to the American Red the World Wars understands that linkage. rial Association/U.S.S. Ling in Hackensack, Cross and the Korean War Memorial. Congressman Skelton understands that link- New Jersey. In making these contributions, Mr. Newman's contribution this week to the age. Both have worked to help us stay con- nected to the American people. They have Mr. Newman will honor the veterans of what World War II Memorial reflects a long history helped us fill our ranks with the kind of newsman Tom Brokaw called ``The Greatest of military service and support for veterans youngsters who have kept our Army a force Generation,'' and demonstrate that he, him- within his family. His ancestors, who came to for good and an instrument of national pol- self, is an excellent example of what made the this country from England in 1630, fought in icy. Again, we are grateful for all that you WWII generation great. the American Revolution, the Civil War, the do on our behalf.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.011 pfrm04 PsN: E13PT1 E1448 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 Also present in the room this evening are ‘‘First. That the real object of having an ways, we have described the 1990’s as the a very special group of international fellows. army is to provide for war. first 10 years of the 21st century in terms of They are students at Fort Leavenworth who ‘‘Second. That the regular establishment the kinds of missions we see for ourselves in will spend the next year at the Command in the United States will probably never be the years ahead. But what we will not lose and General Staff College studying with, by itself the whole machine with which any sight of is what Elihu Root concluded 100 about, and for us. Since World War I, all of war will be fought.’’ years ago—our non-negotiable contract with the wars we have fought and most of our sig- Root was reaching back toward concepts the American people is to be trained and nificant operational deployments have seen that were almost as old as the nation itself. ready to fight and win the nation’s wars. Americans serving side-by-side with soldiers First, being ready for war means having an This we will do—and just as Root and from allied nations. We will never again army, and there’s no reason to have an army Miles could not see all the technological ad- fight on our own. Coalition and multi- that is not ready for war. The Army might vances that were going to present them- national operations are a fact of life. Many be called upon to do many things, but its selves as opportunities in the 20th century, of the uniforms on display this evening are first purpose was warfighting. And the Army we cannot today settle on the technologies the ones who have shared space on distant would never fight alone. Root knew that the that will go into the design of the hardware battlefields with us. We are honored to have Army would need to rely on the Navy for that will describe the objective force we are so many allied officers and their spouses transport, logistics, and gunfire. It would trying to design for the 21st century. But here this evening. We know the keenness of also fight with volunteers and citizen sol- what Root and Miles were able to do was to the selection process that went on in each of diers. position their army for all The unseen oppor- your countries, we are honored to have you Those first principles were right on the tunities that were to lay ahead by putting join us in residence at Fort Leavenworth. mark. And they have served as a foundation into place the system for training soldiers You add to the education of our officers. upon which Root and Miles and their succes- and developing leaders who were going to Buffalo wings. sors built the twentieth-century Army. Root have to make those decisions when the time There is a lot of excitement in and about consolidated the professional gains that the was ripe. And so it is with our responsibil- our Army today. Many of you know that we Army had made through the establishment ities today. Much has been written over the have set a course to transform this great and of the Army War College and the restruc- past 10 months about the technologies that magnificent army of ours from its current turing of the Army headquarters into a mod- the Army will need to transform itself. The cold war designs to a force that is more re- ern general staff. He brought to fruition the debate about combat platforms has turned sponsive, more deployable, more versatile, idea that military leadership was a calling, hot and in some cases mean-spirited as the more agile, more lethal, more survivable, and one that demanded rigorous education competition for inclusion has become in- and more sustainable force for the future cri- and training. The officer corps that flour- tense. I have even received the concerns of ses of the 21st century. Last fall as we were ished under this system became the leaders allied armies about the fear of an ever-ex- about to walk from 1999 into 2000 through the who produced our victories in two world panding technological gap between the door of a new century and the new millen- wars—wars unimaginable in 1899. The Army American army and those of our closest al- nium, I went back to the turn of the last cen- of the twentieth century, the nation whose lies. I think the lessons of Root and Miles tury to try to understand what the last Chief freedom it guaranteed, owed a great deal to are important—-their conclusions are as im- and the last Secretary to do so were think- Elihu Root’s vision preparation for the fu- portant today as they were then. It isn’t ing; what were their concerns; what deci- ture. about technology, although technology is sions did they put in place to prepare their As we stood on the cusp of the new millen- important; it isn’t about platforms, although Army for all of its responsibilities in the nium 10 months ago, we saw a situation re- 20th century. combat platforms is important. It is about markably similar to the one that Root and Secretary of War Elihu Root and General leadership and character and doctrine. It is Miles faced 100 years ago. The world has Nelson Miles recognized that the Army was about the preparation of the Army to be standing not just on the threshold of a new changed dramatically. The cold war was a ready to fight each and every day with the century, but at the entrance to a new world. historic anomaly. We maintained relatively technologies it has available, and it is about The war with Spain the year before had been robust forces for 50 years because of the dan- the development of visionary, courageous just the second overseas deployment of the ger of superpower conflict. That very pre- leaders who have the skill and determination Army in history, and the first in over 50 paredness deterred a war too terrible to con- to leverage the technologies as they become years. The Army of 1899 was scattered from template, but one that we stood trained and apparent and embed them into the forma- Cuba to Puerto Rico to the Philippines. The ready to fight for half a century. tions that will fight them. Focus on operating tempo was high, with soldiers Since 1989 we have reduced the size of the warfighting; develop the leaders for the next maintaining peace, rebuilding nations, han- Army by 32 percent, but our operating tempo conflict. If you do that well, those leaders dling refugees, even helping with disaster re- is higher than at anytime in several decades. will be able to get the right technologies lief after a hurricane. The Army was over- The recent mission in Kosovo brings to 35 into place in time. But without that kind of seas and that looked like the wave of the fu- the number of operational mission deploy- leadership or without warfighting forma- ture. ments the Army has made since the end of tions which have been disciplined to execute So, 1899 was a pivotal time. The wars in the the cold war. The world is a far less stable one’s warfighting doctrine, all the tech- West were won. The purpose of the Army place than it used to be. nology in the world will make no difference. seemed to be changing, but in what direc- Moreover, the world is a far different place Warfighting is ultimately a human dimen- tion? The Army had shown real growing than it was 10 years ago. In a word, it is sion in which the most dedicated, dis- pains when it had mobilized for war. In addi- ‘‘wired.’’ The information revolution has ciplined, and best trained will prevail. tion, technology was changing fast. The placed a computer on every desk. We are all It is about leadership and in this Army, we Army needed to rethink the future of war- cyber-connected to each other and every- consider it our stock in trade. To our allied fare quickly. thing imaginable around the world. We are officers, your attendance at Leavenworth is Root recognized that the Army had to renegotiating zones of privacy and business important for us—-for the American officers grow and change as the strategic environ- practices and property protections and the attending the course and for our force as a ment of his times demanded. He tried to en- very idea of what a nation-state is. Many of whole. You give our officers other perspec- vision what the twentieth-century Army the advertisements we see on television are tives on our common challenges. Our dif- should become. Could he foresee a world in for products that did not exist 15 years ago. ferences in culture, language, nationality, which nuclear superpowers threatened each It is impossible to predict with assurance and geography give us each our different out- other and the rest of the earth with Arma- what the world will look like in 5 or 10 or 25 looks on military operations. We must un- geddon? Could he predict a decade-long de- years. But we know that it will continue to derstand and appreciate the importance of pression? Did he know that within the 50 change and that the pace of change will con- interoperability—-but not just technical and years the world would twice be plunged into tinue to accelerate. tactical interoperability but interoperability global wars, wars unprecedented in scale and We must prepare to fight our future wars. of the mind. The lessons you learn in profes- scope in all the previous history of mankind? We must also be ready for the next crisis. We sional give-and-takes with your fellow offi- Certainly, the answer to all these questions must be able to respond to missions through- cers, inside the classroom and at the officers’ is no. Root foresaw none of these things. As out the spectrum of operations, from the low club, will be among the most important that best we can tell from documents and their end of disaster relief to the high end of major you take away from this course. writings, neither of them saw the First war. We need to take advantage of emerging Equally important will be the professional World War and it was only 15 years away. technologies to counter emerging threats. associations you make with your fellow stu- But with insight and courage and delibera- And we can’t make it up as we go along—we dents. The future battlefields will be joint tion, they developed a vision for what the need a plan. and multinational and you will find your- Army needed to become, given the strategic And so it is that last October, the Army selves serving with the officers you are and technological realities they faced at the charted its course for transforming itself studying with this year—-just as I have expe- time. They took risks and made preparations into a force more capable than the magnifi- rienced. I can tell you that as commander of that proved to be effective—and timeless. cent force we field today. We intend that it the stabilization force in Bosnia, the rela- Root began with fundamentals. He pre- will be a force capable of handling the full tionships that I had developed with my coun- sented two principles that are as true today array of missions that we have been called terparts in years past, whether in oper- as when he wrote them 100 years ago: upon to do in the last 10 years—in many ational assignments, or in the Command and

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.011 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1449 General Staff College or the National War member of the Democratic National Com- CELEBRATE INDIA’S 53RD YEAR College, helped us to bridge the gaps. Per- mittee, Small Business Council and a delegate OF INDEPENDENCE sonal relationships and a common profes- to the White House Conference on Small sional understanding turned those dif- ferences into strengths. Business, appointed by Massachusetts Gov- HON. LUIS V. GUTIERREZ We, in this country, have put tremendous ernor Edward J. King and U.S. Senator JOHN OF ILLINOIS effort into our professional education sys- KERRY. In 1984, Mr. Carroll was one of 25 IN THE HOUSE OF REPRESENTATIVES tems. The pay-off for that investment has chosen from the United States as an Official Tuesday, September 12, 2000 been a consistently high quality of officer Observer of the El Salvador run-off election. Mr. GUTIERREZ. Mr. Speaker, it is a great leadership. I would also tell you that our Most recently Mr. Carroll demonstrated his privilege for me to pay tribute to the Chicago's noncommissioned officer education system is commitment to the community as the General equally the finest in the world and it has Federation of Indian Associations for its in- Chairman of the Korean War Memorial Com- produced the very finest NCO Corps in the valuable work honoring India on the occasion mittee of Central Massachusetts which spon- history of our army. of the 53rd anniversary of India's independ- sored the 50th Anniversary Korean War Spec- In the gulf war, one of the take away les- ence. sons was that our technological and materiel tacular Salute to Our Korean War Heroes at The Federation is enriched by the diversity superiority made us successful. Those who Mechanics Hall in Worcester, Massachusetts. of member organizations who have found a fought the war would give you a slightly Other causes Mr. Carroll has given hours of broader lesson. As one division commander common mission in promoting the Indian com- service to include the Ireland/Worcester Heart munity and honoring India. The Federation is proclaimed, we could have traded equipment Research Program, the McAuley-Nazareth with the Iraqis and still beat them in 100 strongly committed to serving the Indian com- hours. That may sound like vain boasting, Home for Boys in Massachusetts and the Liv- munity and works tirelessly to meet this goal. but his point was that our professional edu- ing Memorial Hospital in Lien Hiep, Vietnam. To celebrate the special occasion of India's cation system and the professionalism of our He was formerly a member and commander of 53rd year of independence, the Federation will soldiers and their leaders were the founda- the Vernon Hill Post 435, American Legion. host more than twenty-five thousand visitors tions of our warfighting prowess—not tech- For his service, Mr. Carroll has been award- from Indiana, Michigan, Iowa and Wisconsin to nology. ed with the Leo Z. Gordon Humanitarian That has always been true. In the Army we witness a spectacular parade carefully do two things every day-—we train soldiers Award, the American Legion Citizen of the planned to showcase India's rich cultural herit- and we grow them into leaders. Some of that Year Award, and the Cathy Donahue Service age. The India Independence Day Parade will work happens in our operational units. Some Award. He was also an honoree at the Year be celebrated on Saturday, August 19th. The of it happens in quiet moments when our of- 2000 Worcester State College Annual Scholar- parade will feature colorful floats each rep- ficers and soldiers can read about their pro- ship Tea. resenting various states of India. The parade fession, its history, its methods, and its doc- Mr. Speaker, I ask my colleagues in the will honor India's rich heritage, including its trine. But the foundation of it all resides in House of Representatives to join me in hon- our professional schools. music, costumes, fashion and dance. The I’m glad that you have all come to study oring Francis Carroll for his work and service Federation will also host a Millennium Banquet with us. I appreciate the value that you in the Worcester community. He has shown and Cultural Program on Friday, August 18th bring to our professional education system. I unwavering commitment to the community and to celebrate this special occasion. thank you for breaking bread with us to- deserves our recognition and praise. I wish I congratulate and recognize Chicago's Fed- night. And though I don’t look forward to him the best of luck in all of his future endeav- eration of Indian Associations for their commit- our joining ranks on a future battlefield, I do ors. ment, dedication and service to the Indian look forward to the trust and confidence Community. that we will build together as professional f f soldiers. Thank you and God bless you. HONORING RAYMOND C. BURTON NATIONAL ASSISTED LIVING f WEEK—SEPTEMBER 10–16, 2000 TRIBUTE TO FRANCIS CARROLL HON. JAMES L. OBERSTAR OF WORCESTER, MASSACHUSETTS HON. BILL PASCRELL, JR. OF MINNESOTA OF NEW JERSEY HON. JAMES P. McGOVERN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, September 12, 2000 OF MASSACHUSETTS Tuesday, September 12, 2000 IN THE HOUSE OF REPRESENTATIVES Mr. OBERSTAR. Mr. Speaker, I am very Mr. PASCRELL. Mr. Speaker, the face of aging has changed dramatically. Americans Tuesday, September 12, 2000 pleased to honor today Mr. Raymond C. Bur- ton, who will retire at the end of this year, are living longer, more active lives. Involve- Mr. MCGOVERN. Mr. Speaker, I rise today bringing to a close a distinguished career in ment in independent activities such as work, to recognize the work of Francis R. Carroll of railroading that has spanned three decades. hobbies, and social life can add qualityÐand Worcester, Massachusetts. A veteran of the yearsÐto a senior's life Yet, while independ- United States Navy, for over 32 years Mr. Car- When Ray began working for the old Santa ence and control over their lives is as impor- roll has worked as a staunch advocate for Fe Railway in 1963, he could not have fore- tant to seniors as their physical and mental small businesses in developing and adminis- seen the profound changes coming to the rail- health, many people avoid planning for senior trating health insurance products, programs, road industry. Particularly since 1982, how- housing until a pending crisis, putting their and benefits, as well as donating his time in ever, when he was elected president and own freedom of choice at risk and straining extensive public and community service. Chief Executive Officer of TTX Company, Ray family relationships. Just as people have Throughout his life, Mr. Carroll has assisted Burton has been on the cutting edge of those learned to plan ahead for their financial retire- others through his professional career and changes. ment, it should become commonplace to plan charitable activities. His professional career in- Under Ray's leadership, TTX has led the for long-term housing and care. cludes currently serving as the CEO and way in innovation, design, and deployment of In recognition of National Assisted Living Chairman of the Small Business Service Bu- the equipment needed to construct today's Week, September 10±16, please join me in in- reau, Inc. (SBSB), a nationwide organization modern, intermodal transport network. It was viting all seniors to take the time now to talk with over 50,000 small businesses and self- this exceptional leadership that twice earned openly with their families about their senior employed members. Formerly, he was the him the Railway Age ``Railroader of the Year'' housing options and preferences, just in case president of the SBSB China Trade Group, awardÐmaking him one of just three individ- supportive housing ever becomes necessary which led small business trade delegations uals to be so honored. for them. and conducted studies of the public health This past July, Ray Burton was promoted to We all value the right to live in our own systems of the People's Republic of China the post of Chairman and CEO of TTX, a fit- homes as long as possible and to make our and the People's Republic of Vietnam. ting reward for a man who has led his com- own decisions. Americans must plan ahead in In addition, Mr. Carroll has been a presi- panyÐand his industryÐinto the 21st Century order to protect their preferences and maxi- dential appointee to the National Advisory well equipped to meet the challenges ahead. mize their lifestyle options later. There is a rich Council, U.S. Small Business Administration Ray will be missed when he retires, but the variety of senior housing and care options to and the U.S. State Department Trade Devel- seeds he planted will continue to bear fruit for choose from, so it's important to become fully opment Agency. He was also a founding many more years to come. educated.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.013 pfrm04 PsN: E13PT1 E1450 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 One of these options, assisted living, has lion to pay for weapons and material to keep ACKNOWLEDGING LIFETIME OF become a cornerstone for senior care. An as- the same wars going. PUBLIC SERVICE BY MR. EDWIN BEARSS sisted living residence is a special combination The CARAT Act aims to empower Ameri- of housing, personalized supportive services cans to lend their consumer might to efforts to and health care designed to meet the needsÐ bring peace to Sierra Leone, Angola, Liberia, HON. JAMES P. MORAN both scheduled and unscheduledÐof those OF VIRGINIA and the Democratic Republic of Congo. It is who require help with activities of daily living. IN THE HOUSE OF REPRESENTATIVES I urge all Americans to learn more about as- measured and responsible legislation that de- Tuesday, September 12, 2000 sisted living and how seniors can age in a lov- serves immediate action by the 106th Con- ing home-like environment with dignity and gress, and I urge our colleagues to support it. Mr. MORAN of Virginia. Mr. Speaker, I rise independence. today to honor Mr. Edwin Bearss, a con- f f stituent of Virginia's Eighth District, who has recently retired after an impressive forty year CONSUMER ACCESS TO A RESPON- AMERICAN SERB HALL, THE FIRST career with the National Park Service and dis- SIBLE ACCOUNTING OF TRADE 50 YEARS tinguished service in our nation's military. ACT Since the birth of our nation, Virginia has been a cornerstone in American history, espe- HON. TONY P. HALL HON. GERALD D. KLECZKA cially during the Civil War. The majority of the OF OHIO Civil War's significant engagements occurred OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES on battlefields in Virginia. Ed Bearss illumi- IN THE HOUSE OF REPRESENTATIVES nated the valuable, living history found on the Tuesday, September 12, 2000 Civil War battlefields of Virginia and elsewhere Mr. HALL of Ohio. Mr. Speaker, I rise today Tuesday, September 12, 2000 in our country. Those who have been privi- to introduce the Consumer Access to a Re- Mr. KLECZKA. Mr. Speaker, I wish to join in leged to hear Mr. Bearss recount the vivid his- sponsible Accounting of Trade Act of 2000. tory of our nation's Civil War consider him a the tribute to a true southside Milwaukee land- This bill aims to sever the funding link that national treasure. has enabled the murderous rebels in Sierra mark, the American Serb Memorial Hall, as Ed Bearss began his service to our country Leone and Angola to wage their wars against the community celebrates the hall's 50th birth- during World War II as a Marine fighting in the civilians; that has helped bring a thug to power day this month. Pacific. After recovering from wounds he suf- in Liberia; and that is sustaining eight nations Located at South 51st Street and West fered during battle in New Guinea, he took ad- fighting in the Democratic Republic of Congo. Oklahoma Avenue, on Milwaukee's southside, vantage of the G.I. Bill and received a degree This has been a top priority for a coalition Serb Hall, as it's commonly known, has been from Georgetown University, as well as a of 70 human rights organizations, led by Phy- masters degree in history from Indiana Univer- a fixture in the city for the last half century for sicians for Human Rights, and it has become sity. an urgent matter for the diamond industry, wedding receptions, banquets, lunches and In 1955, Mr. Bearss joined the National Park whose tokens of love face being exposed as dinners, political rallies and yes, even bowling Service and began to share his knowledge symbols of butchery. leagues. When constructed in 1950, Serb Hall and passion for Civil War history. As a histo- The industry and activists both support a was by far the most complete and modem fa- rian at Vicksburg, Mr. Bearss' research led to plan to block diamonds mined in conflict zones cility of its kind on the south and southwest the discovery of the lost ironclad Cairo and from entering the legitimate diamond trade. side of Milwaukee. The hall was expanded in two forgotten Civil War forts. His desire for Many details remain to be ironed out, but the 1987 to accommodate increasing business others to live history by touring battlefields in- industry is working on that. Unfortunately, they and renovated in 1999. spired him to preserve the Manassas battle- are running into intransigence from some seg- fields from the threat of shopping malls and ments of the industry and some nations. Be- The hall was originally dedicated on Sep- two different amusement parks. cause of the nature of the system they have tember 1, 1950 to honor the local members of Mr. Bearss set a new standard in historical devised, substantial participation is necessary the Serbian orthodox faith who served in the research with his diligence and attention to de- to make it work. American armed forces. 15 of those young tail. He has shared his research by writing ten My bill aims to support the industry's efforts men lost their lives in defense of our nation. books and over a hundred articles. His excel- and expresses the Sense of the Congress that They are honored today in a full-wall memorial lence as the chief historian of our nation's fed- some effective system of preventing smuggled in the lobby of Serb Hall. I was honored to at- eral parks earned him the Department of the diamonds from being traded as blood-free tend the very moving dedication ceremony for Interior's highest recognition, the Distinguished ones is urgently needed and directing the Ad- that memorial. Service Award. ministration to make this a higher priority. The To many, Ed Bearss' grandest accomplish- bill also encourages technology that will find a Any mention of Serb Hall is not complete ment was his ability to bring a Civil War battle- more traditional approach to this problem. Fi- without focusing on two very traditional field to life. He would dredge facts and stories nally, it implements embargoes imposed by eventsÐthe Friday fish fry and visits by polit- from his immense store of knowledge and the United Nations and takes steps to make ical dignitaries. The first fish fry was held at transport listeners back in time to when the them more effective. Serb Hall in 1967 and the lunches and dinners actual battles took place. The energy with Mr. Speaker, we owe passage of this bill to continue to this day supplemented by a drive- which Mr. Bearss gave his tours excited oth- innocent AfricansÐboth those caught in the through window and carry-out service. The ers to develop a passion for history. Mr. wars over diamonds, and those who depend line of cars in the drive-through oftentimes cir- Bearss' work has helped many people realize on the legitimate trade in South Africa, Bot- cles the parking lot and can even extend into the importance of preserving our nation's bat- swana, and Namibia and will be hurt by a con- the street during the Lenten season. tlefields and the gravity of the battles fought at sumer backlash against the blood trade. those sites. Fortunately for us and future gen- But we also owe it to Americans to pass this Without a doubt, many individuals seeking erations, Mr. Bearss' historical gifts have been bill. major political office realize the historical and preserved by filmmaker Ken Burns, who in- American consumers play a significant role cultural significance of holding a rally at Serb cluded a number of Mr. Bearss' battlefield nar- in the diamond trade, because they buy 65 Hall. From Milwaukee mayors, police chiefs, rations in the award-winning PBS series, ``The percent of all diamonds. They clearly have no US congressmen and Wisconsin Governors to Civil War.'' intention of supporting brutal warsÐafter all, United States Presidents Eisenhower, Ken- Mr. Speaker and my fellow colleagues, I in- their intention is to buy tokens of love and nedy, Johnson, Nixon, Ford, Reagan, Bush vite you to join me in honoring a man who has commitmentÐbut that is precisely what they and Clinton, all have spoken at Serb Hall ei- devoted his life to serving his country. Mr. are doing. ther as elected officials or candidates. Edwin Bears should be praised for the passion American taxpayers also deserve better: he brought to the history of our country and they have funded more than $3 billion in hu- It is my pleasure to wish the Milwaukee Ser- the ways he shared that passion. His legacy manitarian relief to the people of these four bian community all the best as you celebrate as an historian and his valuable contribution to nations who are caught up in warÐat the 50 years of Serb Hall success. Best wishes for the preservation of Civil War history are a tre- same time rebels there have earned $10 bil- the next 50 and well beyond. mendous gift to our nation that will last

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.017 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1451 through time. Thank you, Ed Bearss, for shar- At age 60, Ruby has served the youth of the cross-country program was dropped for a ing your talents with us for so many years. We area all of his life, and he serves as an exam- year before he took over, and White was told wish you much happiness in your retirement ple for the entire community. that the program could be started if he could JIM WHITE keep 10 athletes out for the season. He kept and hope you will continue to enrich us with 18 and built the program to three boys’ your vast knowledge and appreciation of our Jim White is a teacher in the McFarland Public Schools, one of the poorest commu- teams and two girls’ teams. nation's history. Probably the greatest reward and com- nities in California. His leadership as a coach f pliment he could receive is to have many of has resulted in turning around the lives of his former students and athletes join him in many youth and has brought pride to those TRIBUTE TO RUBIN HILL, JIM assisting with the cross-country program. youth, their parents, their school and their WHITE AND MARIA DOLORES The list has included Amador Ayon, Thomas community. ANDRADE Jim is a man who has contributed time, Valles, Ruben Ozuna, David Diaz, and John- energy, sweat, and his own funds to turn the ny Saminiego. HON. JOE BACA McFarland High School cross country pro- Although White has never been a runner gram into a state power and maybe the most himself—he rides a bicycle following the OF CALIFORNIA team through its country workouts—he IN THE HOUSE OF REPRESENTATIVES highly prized accomplishment of the commu- nity of McFarland in its history. Coach Jim started coaching a Little League baseball Tuesday, September 12, 2000 White has been a magician in coaching in team and won several championships during his early days in McFarland, worked many Mr. BACA. Mr. Speaker, I would like to rec- many ways. His leadership as Cougar cross country years for the McFarland recreation depart- ognize three outstanding individuals who have ment in its summer programs, and also made significant contributions to educational coach has resulted in turning around the lives of many youth and has brought pride to coached winning basketball teams. He start- opportunities for Latino children in California. those youth, their parents, their school and ed the McFarland Pop Warner football team. They will be honored this month by Adelante their community. The Cougar teams have White has traveled with the coaching staff and the California Migrant Leadership Council: won an unprecedented seven-state titles in of International Sports Exchange, a group Rubin Hill, Jim White, and Maria Dolores cross-country competition in the past 13 that tries to give athletes a chance to experi- Andrade. years, including five consecutive. ence cultural sights, sports and fiends. He has taken teams to Singapore, Taiwan, Ger- These outstanding individuals deserve our McFarland’s first state crown in 1986 was fol- lowed by five straight—in 1992, 1993, 1994, 1995 many and China. thanks for their selfless work on behalf of the To raise funds to help promote a sport or and 1996. Then when McFarland was moved poor and the disadvantaged. They truly em- buy team supplies, he has been seen in his up an enrollment classification though it body the spirit of Cesar Chavez, who taught old faithful ’59 Chevy pickup gathering pop was near the bottom of the division in total bottles and newspapers, going door to door, us that we can realize our dreams and hopes students, the Cougars struggled against and raising funds through raffles, pizza sales, through hard struggles, hard work, and dedi- schools with more athletes to draw from, but car washes, and an annual barbecue. cation. Anything is possible, if we set our heart again in 1999 the Cougars reached the top. and soul to the cause. We should never forget White has become everything from coach He has been the grand marshal for the to counselor to inspiration to fund raiser for McFarland Christmas parade and he and his the words of Cesar Chavez: ``si se puede,'' team have been featured in many newspapers yes we can. a team which has caught the fancy of run- ning fans state and nationwide for over- including the Los Angeles Times telling the These three hard working and dedicated in- story of McFarland’s rise to the top and dy- dividuals have given so much for their commu- coming many obstacles. Most of the runners spend long days working in the summer and nasty built in cross-country. Most impor- nity and the world at large. then begin the evening practices through tantly, he has become a father image to many students and athletes who have jour- RUBIN HILL area fields that develop the runners who neyed through McFarland High. This Clint Rubin Hill has been a community leader in have made McFarland High the envy of other cross country programs. Eastwood look alike is now coaching the working with the youth of Kern and Tulare ‘‘kids of the kids’’ he had when he started. Counties as well as a coach for more than 35 Many students struggle with their edu- cation and language, but White and his ever- White tries to live by example. years. The Whites have three grown daughters, Rubin is a product of Delano. He attended growing legions of Cougar boosters Join to Tami, Julie and Jamie, all of who attended and graduated from Delano Elementary and help solve the problems. He and wife Cheryl and graduated from McFarland High School Delano High School. He attended and grad- pitch in to help with food, shoes, whatever is and Lubbock College in Texas with degrees uated from Bakersfield College in 1975. Ruby needed. He counsels runners to aim for high- in education. He is called ‘‘grandpa’’ by is married to Lorene Hill and with her help er goals—both in running and in life. Many of his running ‘‘graduates’’ have gone on to seven grandkids—five boys and two girls. has raised five children, Donald, Sharon, In January, wearing a sweatshirt embla- college and occupations in a variety of pro- Sandra, Ruben Jr. and Shalene. He has 12 zoned with ‘‘McFarland Cross Country—it’s fessions—many of them in education. They grandchildren. all in the attitude,’’ two van loads of cross Ruben worked for ten years for the City of return often to lend encouragement to a new country runners and White were off to Sac- Delano in the Refuse, Street, Water and crop of runners who face the challenge White ramento where they were recognized by the Parks Department. Then he transferred to offers—to again focus on winning another state. the Delano Fire Department, where he be- state title. His teams have won 18 league ti- The latest article heralding the McFarland came a Fireman, Engineer, Captain and fi- tles in 20 years, frosh-soph league titles all 20 High cross country team is a feature story in nally Assistant Chief. When the Delano Fire years, 12 section or valley titles, five Grand The People’s Magazine in Espanol in the May Department was transferred to Kern County, Masters championships—meaning all-val- 2000 issue. Ruby became a Captain and Fire Marshall ley—and the seven state titles. His team has White, a ‘‘youngish’’ 58, has worked in with that department, finally retiring to been ranked No. 21 in the nation in pre- McFarland schools for 36 years and has dedi- spend more time with his community serv- season. He was the Bakersfield California’s cated much of his career in coaching McFar- ice. ‘‘Coach of the Year’’ nine times, California land cross-country teams. His coaching du- Ruby’s community service includes Delano Track and Field News ‘‘Coach of the Year’’ ties ‘‘stretch’’ to being involved in all as- High School Trustee for four terms, Local five times, and the California Coaches Alli- pects of the boys’ lives, visiting them at P.T.A. Lifetime member including several ance ‘‘Coach of the Year’’ four times. He was home, driving them to practice, getting tu- terms as president. Ruby has served as a finalist in 1996 for National Coach of the toring if they need help in school and coun- N.A.A.C.P. President, Jr. Chamber of Com- year. seling them in relationship issues. merce President, member of the Kiwanis Born in Sweetwater, Texas, May 14, 1941, White will some day leave a legacy that Club, Community Action Group, Title I Ad- he lived briefly in Albuquerque, New Mexico, few coaches or men can ever claim—a win- visory Board for Delano High School, Ba- before being raised in Stockton. He played ning tradition and numerous proteges who kersfield College Advisory Board, North baseball and basketball growing up and in have set their sights on greater goals and Kern State Prison Advisory Board, Delano college played basketball and pitched base- succeeded in attaining them. Little League Board (10 years), Delano Babe ball. At Magic Valley Christian College in Ruth Board (coach, president and member Idaho he met and married Cheryl Waldrum MARIA DOLORES ANDRADE for 15 years), Almond Tree Elementary Lions in 1961. In 1964 he graduated from Pepperdine Maria Dolores Andrade, while living a life Football team Board Member, Coach of University and moved to McFarland for his of poverty and selfless devotion, has raised a McFarland Raiders Youth Football team, first teaching position. His first teaching as- family of seven children, through her work Leader, Supervisor, and Coach for Delano signment, for nine years, was instructing in the fields. She was able to provide edu- Recreation Department for 35 years. Ruby is fifth grade science. He then taught seventh cation for all of her children, with the three also a member of the State Fireman Associa- and eighth grade woodshop and PE for 11 youngest graduating from college. Through tion, the Kings—Tulare County Referee As- years and presently he instructs seventh and her work and sacrifice, the family has cre- sociation and has been a referee and umpire eighth grade PE at McFarland Middle School ated a successful family business which is for 25 years. and coaches the high school program. The the pride of the community.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.020 pfrm04 PsN: E13PT1 E1452 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 Maria was born in 1935 in Noroto, a very Mr. Speaker I wish not so much to say There was no limit to Doris' loyalty, and small village, in Michoacan, Mexico. She was goodbye to a long-time and very dear friend, there was nothing she wouldn't do for a friend. the 9th child in a family of 11. As a child her but to celebrate the life of one of the most One of those great human beings who family moved to the town of Tangancicuaro, Michoacan in search of a better life. Because wonderful people I've had the pleasure to never fail to giveÐwhether they've got it or her family was very poor, Maria was forced know. notÐDoris personified the old adage. And that to work at a very young age and therefore And I knowÐas sure as I'm standing hereÐ was to live for the people upstairs, downstairs, dropped out of school at the age of 8. I know that Doris Keating is looking down and over the back fence. Through most of her childhood as well as her upon her family and friendsÐright nowÐwith More than almost anyone I know, Doris teen-age years, Maria faced a very harsh life that warm and wonderful smile she had for ev- lived that sentiment every single day of her of poverty and hard work. At the age of 16 eryone she ever met. life. her mother died leaving all 11 children or- Never one to dwell on sadnessÐanytime Doris worked in my office ever since my phaned. At the age of 22 Maria married Carlos you were feeling down her advice was always days in the Boston City Council, and one of Andrade. Soon thereafter she became the the same, `` Hey there'', she'd say, ``pull up my strongest supporters ever since I ran for proud mother of her first son Jorge. Eleven your boot straps! Don't sweat the small stuff! State Representative in 1950. But most impor- months later she gave birth to Lupita, and Get out there and move along!''ÐAnd that tantly, Doris was one of my dearest, most eleven months after that she gave birth to would be her advice to all of us who miss her. trusted and loyal friends. And there was noth- her third child Luz Del Carmen. Her life of Doris loved South Boston and she loved this ing she couldn't do. poverty continued so her husband Carlos im- the Gate of Heaven Parish where family and Doris could write a recommendation that migrated to the United States to work as a friends gathered to comfort one another as migrant farm worker. For the next 17 years could get Attilla the Hun a Merit Badge from Doris passed. the Eagle Scouts. And I know four guys who Maria would only see her husband one month She was born in South Boston. She was out of the year when he would return to will tell you that without Doris Keating, they Michoacan to visit. In the meantime Maria Baptized at Gate of Heaven, was Confirmed probably never would have made it through had to raise her children all alone who now there, Married there, and true to formÐDoris law school. included Carlos, Francisco, Guillermo, and was holding Court there on the day we all said But I'll let them say who they are. Rosa Adriana. goodbye. And anyone who knew Doris would tell you, In 1974 Maria and her three oldest children She never missed the Saint Patrick's Day the same loyalty and tough love Doris showed joined her husband Carlos in the United Parade that winds past there. And I can't re- States. She was forced to leave four of her her family and friends was not at all lost on member a single year when as I marched by the great sports teams of Boston. children behind until she had enough money Doris didn't run out in the street to ambush me to apply for their permanent residency. In Doris was two when the Red Sox won the 1976 the entire family reunited and now had and other Politicians with a great big kiss. World Series, and she waited patiently and a permanent home in the city of Delano. I'm convinced, Mr. Speaker, that the only enthusiastically for 82 years for the magic to A year later, her husband Carlos aban- ones that didn't get that kiss from Doris were happen again. doned the family. Maria was devastated. the Clydesdales. Her extended family included Doug Flutie, Once again she became a single parent to her Every St. Patrick's Day, as I drive past Molly and Danny Ainge, Drew Bledsoe, and her 7 children. She was now alone in a strange and Wacko Hurley's and as I drive past the country, with a new language, and different newest adoptee, Nomar. Gate of Heaven, I'll think of her. And whether she was sitting at home knit- customs, which made her even more deter- I'll think of Doris and her famous Open ting an Irish Afghan, or at one of her old mined to succeed. Although she believed House Parties where everyone was always strongly in providing the highest education haunts back in the old days, either Zito's, Pie welcome. possible for her children, she was forced to Alley, or the Other Place, Doris was an overtly I'll think of the washing machine and bath- take her three oldest children out of school loyal fan. tub filled with beer. And I'll think of the laughs and take them to work in the fields in order And on more than one occasion, either her we shared. to make ends meet. This enabled the rest of husband, Red, or one of the boys would have the children to focus on their studies. The Actually, as I watched the Constitution sail family struggled for many years. This cre- into Boston Harbor last July, I was reminded to smooth things over as a result of her loud ated an unbreakable bond and unity in the of one of Doris' favorite yarns. enthusiasm. family. Maria’s children grew up and eventu- It seems Doris and the family were out on Actually, the first time Red brought Doris to ally married. Three of the youngest grad- Dan Sullivan's trawler one beautiful Fourth of a Bruins game it was to see the Montreal Ca- uated from college. One became a computer July Morning. They were passing by Castle Is- nadians play at the Boston Garden. programmer and the other two teachers. The She got so caught up in Fernie Flamin's rest of her children continued to work in the land trying to get the best vantage point for the cannon salute from Old Ironsides. breakaway, that she nearly beat the poor guy fields. Although the children had created a in front of her to death with her program. life for themselves the family bond which Doris decided that was the time to visit the Maria created was so strong that they all re- Iadies room. Needless to say, Red stepped up and straight- mained in Delano living close to her and As luck would have it, the propeller of Dan's ened things out. each other. boat got caught up in a line, just as the Con- Not that it was necessary. To hear her kids Because the family had such a strong bond stitution was passing by. And there was poor tell it, Doris was lethal with footwear, and together they decided to open up a business DorisÐfirmly situated in the ladies roomÐ could take down any man from fifty yards with so that Maria would no longer have to work when the cannons of the U.S.S. Constitution one of her slippers. in the fields. In 1990 the family opened began firing across the bow of Dan Sullivan's Doris never, ever lost the spirit that made Carniceria Janitzio in McFarland and in 1996 her so loved by everyone who knew her. opened Carniceria Janitzio and Janitzio Res- boat. taurant in Delano. This fulfilled Maria’s life- Deafened by the concussion, and covered Not all that long ago, during a particularly long dream of owning her own business. with soot from the gun powder, looking like a tough time, Doris was laid up with Spinal The family’s bond and unity is as strong as coal miner just finishing the midnight shift, Menengitis, and was actually in a catatonic ever. Maria is currently the proud grand- Doris managed to compose herself, exit the state, when, during the Buffalo Bills/Patriots mother of 17 grandchildren and 1 great ladies room fully coiffed, with the presence of Play-Off gameÐBuffalo's coach put Rob John- granddaughter. This has all been possible be- mind to sweep up the soot from the deck, son in the game instead of her man, Doug cause of all the hard work, dedication, perse- Flutie, Doris snapped out of it, screaming ``Oh, verance, positive attitude, and above all love which she always kept on her mantle so she that Maria has given to her children. could tell that story over and over. for God's sake, why in God's name didn't they Doris was never at a loss for a laugh. put in Flutie!!'' f But as happy go lucky as Doris was, she And you knowÐDoris was right. TRIBUTE TO DORIS KEATING was also fiercely loyal to those she lovedÐher That's my friend, Doris. family most of all. In the toughest of times, there was never HON. JOHN JOSEPH MOAKLEY A close secondÐanyone who knew our any complaining, but there was humor. She friend Doris would tell youÐwere Sammy and was tough when she got mad, but Doris OF MASSACHUSETTS never, ever held a grudge. IN THE HOUSE OF REPRESENTATIVES Boots, the two cats to whom the Grand Darm of South Boston dedicated her life. Her children will tell you, once the slipper Tuesday, September 12, 2000 The family, I understand is convinced that was thrown, that was it. It was over. Mr. MOAKLEY. Mr. Speaker, this afternoon Doris put the cats out, only so that she could And if one of the kids were angry leaving for I wish to remember my very dear friend, Doris torment herself trying to call them back in be- school in the morning, Doris would always call Keating. fore Midnight. them back to say the same thingÐ``Up, Up!!

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.022 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1453 Come back here and give me a kiss. You true ambassador for Fairhope in her role as REMARKS OF KEVIN GOVER, DE- never know if I'm gonna be here when you get First Lady. PARTMENT OF THE INTERIOR ASSISTANT SECRETARY OF IN- back.'' While Mayor Nix has certainly earned his re- Well, Doris left us all in friendship, in love, DIAN AFFAIRS tirement following so many years of dedicated and in peace. She'll be missed, and she was a blessing to service, he will certainly be missed by the many friends and colleagues he has made HON. DALE E. KILDEE all who knew her. OF MICHIGAN during his years in the city government. And as the Irish Blessing goes, ``Until we IN THE HOUSE OF REPRESENTATIVES meet again, my old friend, may God hold you On a personal note, while I will no longer Tuesday, September 12, 2000 in the palm of his hand.'' have the privilege of working with Jim and f Anne professionally, I look forward to the con- Mr. KILDEE, Mr. Speaker, I rise today to tinuation of our friendship in the years to commend Department of the Interior Assistant TRIBUTE TO FAIRHOPE MAYOR Secretary of Indian Affairs Kevin Gover for ex- come. JIM NIX tending a formal apology on behalf of the Bu- Mr. Speaker, on behalf of the entire First reau of Indian Affairs to Native Americans for HON. SONNY CALLAHAN Congressional District, I would like to express the historical treatment by that agency. Mr. OF ALABAMA my appreciation to Mayor Jim Nix and my con- Gover recently delivered his remarks at the IN THE HOUSE OF REPRESENTATIVES gratulations on his retirement. 175th Anniversary of the Bureau of Indian Af- Tuesday, September 12, 2000 fairs. f In his remarks, Mr. Gover recounted the role Mr. CALLAHAN. Mr. Speaker, I rise today to of the Bureau of Indian Affairs in implementing pay tribute to a fine gentleman, an outstanding HONORING BUSINESS TECH- the policies of the United States. For many public servant and a friend for more years NOLOGIES AND SOLUTIONS, INC. years, the policies of the United States were than I can count, Mayor James P. Nix, of the designed to terminate tribal nations and their city of Fairhope, Alabama. culture. Mr. Speaker, we share the responsi- As many of my colleagues know, Fairhope HON. DAVID L. HOBSON bility for the historical treatment of Native is one of the best-kept secrets in America. Sit- Americans since the Bureau of Indian Affairs uated along scenic Mobile Bay, Fairhope has OF OHIO bears the responsibility of implementing the a captivating charm and beauty that few com- IN THE HOUSE OF REPRESENTATIVES laws and policies of Congress. munitiesÐanywhereÐcan rival. While we cannot erase the deplorable his- Moreover, because of the outstanding lead- Tuesday, September 12, 2000 tory of Indian policy in the United States, I ership provided by Mayor Nix over the past Mr. HOBSON. Mr. Speaker, I rise to recog- want to acknowledge that today the Bureau of 30-plus years, Fairhope is one of the best Indian Affairs and its 10,000 employees are nize the achievements of Business Tech- managed cities in the entire United States. striving to be advocates for Indian people. I This month, Jim's tenure as Mayor comes to nologies and Solutions, Inc,'s (BTAS) of believe that Assistant Secretary Gover's pro- an end. Despite pleas from hundreds of Beavercreek, Ohio, which is being honored at found and wise remarks will become an impor- townspeople, he decided to not seek reelec- the Annual National Minority Enterprise Devel- tant document in the annals of American his- tion in the recent municipal elections. For the opment Week in Arlington, Virginia. tory. Mr. Speaker, I wish to share Mr. Gover's first time in more than 32 years, Jim Nix's As Representative of Ohio's 7th Congres- remarks with my colleagues. name was not on the ballot. sional District, I am pleased to recognize Ms. REMARKS OF KEVIN GOVER, ASSISTANT SEC- However, if anyone has deserved a rest RETARY—INDIAN AFFAIRS, DEPARTMENT OF from the call of duty, it is Mayor Nix. First Angela Vlahos, President of Business Tech- nologies and Solutions, as her company re- THE INTERIOR AT THE CEREMONY ACKNOWL- elected to a 4-year term on the city council, EDGING THE 175TH ANNIVERSARY OF THE ES- Mayor Nix has presided over what is, without ceives the award for the Region V Minority TABLISHMENT OF THE BUREAU OF INDIAN AF- question, the 28 most prosperous years in the Small Business Firm of the Year. BTAS has FAIRS—SEPTEMBER 8, 2000 history of Fairhope. demonstrated outstanding success since it In March of 1824, President James Monroe While it is true that Baldwin County as a was established in 1992. Ms. Vlahos' commit- established the Office of Indian Affairs in the whole has experienced a tremendous amount ment to providing quality business and enter- Department of War. Its mission was to con- of growth during the past several decades, prise solutions has allowed her company to duct the nation’s business with regard to In- Fairhope has certainly been a major part of dian affairs. We have come together today to experience rapid growth and enjoy more ex- mark the first 175 years of the institution this change. Under Jim Nix's leadership, tensive contract opportunities with public and now known as the Bureau of Indian Affairs. Fairhope has become an important part of private companies, including Wright Patterson It is appropriate that we do so in the first south Alabama's economic and cultural base. Air Force Base in Ohio. year of a new century and a new millennium, In addition, Fairhope draws tens of thousands a time when our leaders are reflecting on of tourists each year to numerous festivals BTAS has trademarked its Right Solution what lies ahead and preparing for those chal- and shows. Quite frankly, this exposure has Model which provides a framework for con- lenges. Before looking ahead, though, this helped put the national spotlight on Fairhope, sistent delivery of high performance for each institution must first look back and reflect earning for it a positive reputation. Fairhope is, individual contract. This dedication to quality on what it has wrought and, by doing so, come to know that this is no occasion for without question, a shining example of the now is officially recognized by the U.S. Small celebration; rather it is time for reflection best Alabama has to offer. Business Administration and the U.S. Depart- and contemplation, a time for sorrowful In addition to his numerous official duties, ment of Commerce's Minority Business Devel- truths to be spoken, a time for contrition. Mayor Nix has been actively involved in sev- opment Agency. We must first reconcile ourselves to the eral professional and civic organizations and fact that the works of this agency have at has served as president of both the Alabama Additionally, I wish to thank BTAS for its various times profoundly harmed the com- League of Municipalities and the Baldwin participation in our local community. The firm's munities it was meant to serve. From the County Mayor's Association. He is currently contributions to the area, including information very beginning, the Office of Indian Affairs was an instrument by which the United serving on the boards for several area banks technology training for students of the Dayton States enforced its ambition against the In- and is a trustee for the University of South School System and recreational activities for dian nations and Indian people who stood in Alabama. children at St. Joseph's Treatment Center, its path. And so, the first mission of this in- In the midst of his significant professional serve as a positive model for other local com- stitution was to execute the removal of the and civic involvement, Mayor Nix also found panies. southeastern tribal nations. By threat, de- time to be a devoted husband, father and ceit, and force, these great tribal nations grandfather. Married to the former Anne Mr. Speaker, I join the Small Business Ad- were made to march 1,000 miles to the west, Delorme Peele, Jim and Anne Nix are the ministration and the Department of Com- leaving thousands of their old, their young merce's Minority Business Development Agen- and their infirm in hasty graves along the proud parents of three, and the proud grand- Trail of Tears. parents of nine. Speaking of Anne, I would be cy in recognizing the achievements of Ms. An- As the nation looked to the West for more remiss if I did not salute her as well. She gela Vlahos and Business Technologies and land, this agency participated in the ethnic leaves behind a gracious, lasting legacy as a Solutions, Inc. cleansing that befell the western tribes. War

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.024 pfrm04 PsN: E13PT1 E1454 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 necessarily begets tragedy; the war for the people and communities that we serve, a memories that are short: only yesterday West was no exception. Yet in these more en- commitment born of the dedication we share there was a glut of science and math grad- lightened times, it must be acknowledged with you to the cause of renewed hope and uates. that the deliberate spread of disease, the dec- prosperity for Indian country. Never again The computer industry took advantage of imation of the mighty bison herds, the use of will this agency stand silent when hate and that glut by reducing wages. This discour- the poison alcohol to destroy mind and body, violence are committed against Indians. aged youths from entering the field, creating and the cowardly killing of women and chil- Never again will we allow policy to proceed the temporary shortages of today. Now, tak- dren made for tragedy on a scale so ghastly from the assumption that Indians possess ing advantage of a public preconception that that it cannot be dismissed as merely the in- less human genius than the other races. school failures have created the problem, in- evitable consequence of the clash of com- Never again will we be complicit in the theft dustry finds a ready audience for its de- peting ways of life. This agency and the good of Indian property. Never again will we ap- mands to import workers. people in it failed in the mission to prevent point false leaders who serve purposes other This newspaper covered the earlier surplus extensively. In 1992, it reported that I in 5 the devastation. And so great nations of pa- than those of the tribes. Never again will we college graduates had a job not requiring a triot warriors fell. We will never push aside allow unflattering and stereotypical images college degree. A 1995 article headlined ‘‘Sup- the memory of unnecessary and violent of Indian people to deface the halls of gov- ply Exceeds Demand for Ph.D.’s in Many death at places such as Sand Creek, the ernment or lead the American people to shal- banks of the Washita River, and Wounded Science Fields’’ cited nationwide unemploy- low and ignorant beliefs about Indians. ment of engineers, mathematicians and sci- Knee. Never again will we attack your religions, Nor did the consequences of war have to in- entists. ‘‘Overproduction of Ph.D. degrees,’’ your languages, your rituals, or any of your clude the futile and destructive efforts to an- it noted, ‘‘seems to be highest in computer nihilate Indian cultures. After the devasta- tribal ways. Never again will we seize your science.’’ tion of tribal economies and the deliberate children, nor teach them to be ashamed of Michael S. Teitelbaum, a demographer who creation of tribal dependence on the services who they are. Never again. served as vice chairman of the Commission provided by this agency, this agency set out We cannot yet ask your forgiveness, not on Immigration Reform, said in 1996 that to destroy all things Indian. while the burdens of this agency’s history there was ‘‘an employer’s market’’ for tech- This agency forbade the speaking of Indian weigh so heavily on tribal communities. nology workers, partly because of post-cold- languages, prohibited the conduct of tradi- What we do ask is that, together, we allow war downsizing in aerospace. tional religious activities, outlawed tradi- the healing to begin: As you return to your In fields with real labor scarcity, wages tional government, and made Indian people homes, and as you talk with your people, rise. Yet despite accounts of dot-com entre- ashamed of who they were. Worst of all, the please tell them that time of dying is at its preneurs’ becoming millionaires, trends in Bureau of Indian Affairs committed these end. Tell your children that the time of computer technology pay do not confirm a acts against the children entrusted to its shame and fear is over. Tell your young men need to import legions of programmers. boarding schools, brutalizing them emotion- and women to replace their anger with hope Salary offers to new college graduates in ally, psychologically, physically, and spir- and love for their people. Together, we must computer science averaged $39,000 in 1986 and itually. Even in this era of self-determina- wipe the tears of seven generations. To- had declined by 1994 to $33,000 (in constant tion, when the Bureau of Indian Affairs is at gether, we must allow our broken hearts to dollars). The trend reversed only in the late long last serving as an advocate for Indian mend. Together, we will face a challenging 1990’s. The West Coast median salary for experi- people in an atmosphere of mutual respect, world with confidence and trust. Together, enced software engineers was $71,000 in 1999, the legacy of these misdeeds haunts us. The let us resolve that when our future leaders gather to discuss the history of this institu- up only 10 percent (in constant dollars) from trauma of shame, fear and anger has passed 1990. This pay growth of about I percent a from one generation to the next, and mani- tion, it will be time to celebrate the rebirth of joy, freedom, and progress for the Indian year suggests no labor shortage. fests itself in the rampant alcoholism, drug Norman Matloff, a computer science pro- Nations. The Bureau of Indian Affairs was abuse, and domestic violence that plague In- fessor at the University of California, con- dian country. Many of our people live lives of born in 1824 in a time of war on Indian peo- tends that high-tech companies create artifi- unrelenting tragedy as Indian families suffer ple. May it live in the year 2000 and beyond cial shortages by refusing to hire experi- the ruin of lives by alcoholism, suicides as an instrument of their prosperity. enced programmers. Many with technology made of shame and despair, and violent f degrees no longer work in the field. By age death at the hands of one another. So many 50, fewer than half are still in the industry. of the maladies suffered today in Indian H–1B VISA ISSUE Luring them back requires higher pay. country result from the failures of this agen- Industry spokesmen say older program- cy. Poverty, ignorance, and disease have mers with outdated skills would take too been the product of this agency’s work. HON. DANA ROHRABACHER long to retrain. But Dr. Matloff counters by And so today I stand before you as the OF CALIFORNIA saying that when they urge more H–1B visas, leader of an institution that in the past has IN THE HOUSE OF REPRESENTATIVES lobbyists demonstrate a shortage by point- committed acts so terrible that they infect, ing to vacancies lasting many months. Com- diminish, and destroy the lives of Indian peo- Tuesday, September 12, 2000 panies could train older programmers in less ple decades later, generations later. These Mr. ROHRABACHER. Mr. Speaker, I Would time than it takes to process visas for cheap- things occurred despite the efforts of many like to submit for my colleagues an article that er foreign workers. good people with good hearts who sought to recently appeared in the New York Times. Dr. Matloff says that in addition to the pay issue, the industry rejects older workers be- prevent them. These wrongs must be ac- With all the recent discussion about the H±1B knowledged if the healing is to begin. cause they will not work the long hours typ- I do not speak today for the United States. visa issue, I thought this article was not only ical at Silicon Valley companies with youth- That is the province of the nation’s elected timely, but quite effective at unveiling the truth ful ‘‘singles’’ styles. Imported labor, he ar- leaders, and I would not presume to speak on behind all the rhetoric I've heard. In fact, I be- gues, is only a way to avoid offering better their behalf. I am empowered, however, to lieve this article succinctly captures the rea- conditions to experienced programmers. H– speak on behalf of this agency, the Bureau of sons why Congress should not raise the H±1B 1B workers, in contrast, cannot demand Indian Affairs, and I am quite certain that visa limit. higher pay: visas are revoked if workers the words that follow reflect the hearts of its leave their sponsoring companies. 10,000 employees. [From the New York Times, Sept. 6, 2000] As for young computer workers, the labor Let us begin by expressing our profound QUESTIONING THE LABOR SHORTAGE market has recently tightened, with rising sorrow for what this agency has done in the (By Richard Rothstein) wages, because college students saw earlier past. Just like you, when we think of these wage declines and stopped majoring in math misdeeds and their tragic consequences, our To alleviate apparent shortages of com- and science. In 1996, American colleges hearts break and our grief is as pure and puter programmers, President Clinton and awarded 25,000 bachelor’s degrees in com- complete as yours. We desperately wish that Congress have agreed to raise a quota on H– puter science, down from 42,000 in 1985. we could change this history, but of course 1B’s, the temporary visas for skilled for- The reason is not that students suddenly we cannot. On behalf of the Bureau of Indian eigners. The annual limit will go to 200,000 lacked preparation. On the contrary, high Affairs, I extend this formal apology to In- next year, up from 65,000 only three years school course-taking in math and science, in- dian people for the historical conduct of this ago. cluding advanced placement, had climbed. agency. The imported workers, most of whom come Further, math scores have risen; last year 24 And while the BIA employees of today did from India, are said to be needed because percent of seniors who took the SAT scored not commit these wrongs, we acknowledge American schools do not graduate enough over 600 in math. But only 6 percent planned that the institution we serve did. We accept young people with science and math skills. to major in computer science, and many of this inheritance, this legacy of racism and Microsoft’s chairman, William H. Gates, and these cannot get into college programs. inhumanity. And by accepting this legacy, Intel’s chairman, Andrew S. Grove, told Con- The reason: colleges themselves have not we accept also the moral responsibility of gress in June that more visas were only a yet adjusted to new demand. In some places, putting things right. stopgap until education improved. computer science courses are so oversub- We therefore begin this important work But the crisis is a mirage. High-tech com- scribed that students must get on waiting anew, and make a new commitment to the panies portray a shortage, yet it is our lists as high school juniors.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.027 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1455 With a time lag between student choice of role this unique automobile played in the utilizing traditional Hawaiian values and heal- majors and later job quests, high schools and American Automotive culture. ing practices to reach out to the Native Hawai- colleges cannot address short-term supply Since the sixties, these wagons have been ian community, which suffers from a high inci- and demand shifts for particular professions. Such shortages can be erased only by raising popular collector's items. They are in such de- dence of substance abuse and cancer. A long- wages to attract those with needed skills mand that old cars with splinters instead of time social justice advocate, Ho'oipo became who are now working in other fields—or by wood are being lovingly restored and shown involved in local health care after seeing the importing low-paid workers. off at car shows and cruises throughout the effects that disease and drug addiction have For the longer term, rising wages can United States. had on the people of her own community. guide counselors to encourage well-prepared f Troubled by the number of Hawaiian women students to major in computer science and with breast cancer, DeCambra pioneered the engineering, and colleges will adjust to ris- DOGS IN SERVICE TO MANKIND ing demand. But more H–1B immigrants can Women's Cancer Research Project, now have a perverse effect, as their lower pay sig- called the Women's Health Network. The pro- nals young people to avoid this field in fu- HON. NITA M. LOWEY gram teaches women and their families about ture, keeping the domestic supply artifi- OF NEW YORK breast and cervical cancers through ``kokua'' cially low. IN THE HOUSE OF REPRESENTATIVES or help groups. The original study employed f Tuesday, September 12, 2000 Hawaiian women with breast cancer in data collection and analysis. IN HONOR OF THE CRUSIN’ HALL Mrs. LOWEY. Mr. Speaker, I rise today to Ho'oipo DeCambra has since turned her tal- OF FAME INDUCTEES AT THE commend the American Kennel Club's cele- ents and energy to helping people who suffer ROUTE 66 RENDEZVOUS bration of ``Dogs in Service to Mankind.'' The from drug addiction. She directs a substance American Kennel Club, established in 1884, is abuse treatment program, Ho'omau Ke Ola, HON. JOE BACA the world's largest purebred dog registry and that uses traditional Native Hawaiian healing OF CALIFORNIA the nation's leading not-for-profit organization methods in concert with the very latest clinical IN THE HOUSE OF REPRESENTATIVES devoted to the support of purebred dogs, re- practices to treat the largely Hawaiian popu- Tuesday, September 12, 2000 sponsible pet ownership and canine health. lation of the Wai'anae coast of the island of As well as providing invaluable and bene- O'ahu. Ho'omau Ke Ola also provides transi- Mr. BACA. Mr. Speaker, the City of San ficial companionship to millions of Americans, Bernardino will be hosting its 11th Annual tional shelter and distributes food to residents purebred dogs have provided service to man- Route 66 Rendezvous event downtown this in the community. kind for generations and in a myriad of ways. month. The event is expected to draw over Ho'oipo DeCambra previously served as Only a few examples are the dogs who ac- 500,000 classic car fans to the downtown, with chair of the board of the Wai'anae Coast companied our servicemen in every war; who 2,448 prime classic cars at the event (the Comprehensive Health Center. She is a rescue Americans every year from fire, entrap- number of miles of the Route 66 highway). I founding board member of Ke Ola O Hawai'i, ment and drowning; and whose powers of would like to salute the event's inductees into an academic community partnership organiza- scent enable them to locate lost children, dan- the Crusin' Hall of Fame, an impressive and tion. She also sits on the board of the Hawai'i gerous chemicals and illegal materials. truly remarkable collection of honorees this Health Foundation, which promotes a tradi- Dogs give vital assistance to the handi- year: tional Native Hawaiian diet, and serves on an ∑ Mattel, in honor of the significant impact capped, ill and elderly, and these amazing ad hoc committee of the U.S. Department of the company has made in the American Auto- creatures can even warn a person that a heart Health and Human Services' Office of Wom- motive culture with the development of the attack or epileptic seizure is about to occur. en's Health, Minority Women's Health Panel of miniature vehicles ``Hot Wheels.'' Many Americans have benefitted from the Experts. Ho'oipo is also a published poet. Mattel is known as a leader in the world of companionship and unconditional love that I am pleased to have this opportunity to toy design, manufacturing, and marketing. service dogs provide. congratulate Ho'oipo and to thank her for de- Mattel introduced ``Hot Wheels'' miniature ve- So today, I join the American Kennel Club voting her considerable talents and boundless hicles in 1968. The three-inch long cars and in its recognition of dogs' extraordinary capa- aloha to improving the lives of the people in trucks reached out and captured children's bilities. I am delighted to Join in honoring her community and throughout the state. imaginations. Mattel celebrated the 30th anni- these wonderful animals whose service to hu- f versary of ``Hot Wheels'' in 1998, and reached mankind deserves our utmost appreciation. ST. THOMAS SYNAGOGUE—A a milestone when they produced the two bil- f NATIONAL HISTORIC LANDMARK lionth Hot Wheel car, making Mattel the pro- HONORING HO’OIPO DECAMBRA, ducer of more vehicles than Detroit's big three 2000 ROBERT WOOD JOHNSON HON. DONNA MC CHRISTENSEN auto makers combined. COMMUNITY HEALTH LEADER ∑ The Beach Boys, a popular sixties and OF THE VIRGIN ISLANDS seventies band that popularized surfing and HON. PATSY T. MINK IN THE HOUSE OF REPRESENTATIVES cruising music, in honor of the significant part Tuesday, September 12, 2000 their music plays in the American automotive OF HAWAII culture. IN THE HOUSE OF REPRESENTATIVES Mrs. CHRISTENSEN. Mr. Speaker, I rise to pay tribute to the St. Thomas Synagogue, for- From Hawthorne, California, the three Tuesday, September 12, 2000 Beach Boy brothersÐBrian, Dennis and Carl mally, the Synagogue of Beracha Veshalom Wilson, plus cousin Mike Love and friend Al Mrs. MINK of Hawaii. Mr. Speaker, I rise Vegemiluth Hasidim, or in English, ``the Syna- Jardine had some of the most intricate, beau- today to acknowledge the tremendous con- gogue of Blessing and Peace and Acts of tiful harmonies heard from a pop band. Their tributions of Ho'oipo DeCambra, Executive Di- Piety,'' located on Synagogue Hill overlooking music is still popular and can be heard on rector of Ho'omau Ke Ola, for her work to im- Charlotte Amalie Harbor in the Federal His- countless radio stations and car cruises prove the health and well-being of her rural toric District of Charlotte Amalie, the capital of around the nation. community in Wai'anae, Hawaii. Ho'oipo's in- the United States Virgin Islands. ∑ The J.C. Agajanian Family, a family with spired leadership and innovative programs led Today, September 12, 2000, marks the over fifty years in motorsports racing, in honor to her being named a 2000 Robert Wood 167th Anniversary of the consecration of the of their many significant contributions in the Johnson Community Health Leader. St. Thomas Synagogue. This synagogue, a promotion, participation, and involvement in Only ten people nationwide receive this well-preserved structure, built 167 years ago the American automotive culture. prestigious award each year. The Robert today in 1833, is indeed rich in history, culture J.C. Agajanian, one of the most influential Wood Johnson Community Health Leader and architecture. It is the second oldest syna- men in American motorsports history, is award, the nation's highest honor for commu- gogue in the Western Hemisphere and the known for his involvement and many achieve- nity health leadership, includes an $100,000 oldest in continuous use under the American ments in the motorsports world. In 1998, the cash awardÐ$95,000 goes to enhance the flag. Agajanians marked their 50th Golden Anniver- awardee's community health program and For many Virgin Islanders, the St. Thomas sary of promoting, participating, and involve- $5,000 is a personal award. Synagogue is a reminder of tolerance and ment with the famed Indianapolis 500. Ho'oipo DeCambra has developed and im- equality, as well as of European expansion ∑ The Woody, the hand-built ``sport utility plemented successful substance abuse treat- into the new world during the Spanish Inquisi- vehicle'' of its day, in honor of the significant ment programs and a women's cancer project tion of 1492. Practicing Jews were expelled

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.029 pfrm04 PsN: E13PT1 E1456 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 from Spain during that period. As a result of 1977 for resuscitating a two year old boy in a our colleague from New Jersey (Mr. PAYNE), this exodus, many Jewish families established 1976 swimming pool accident. who sponsored Sister's participation in our themselves in the then Danish West Indies Mr. O'Laughlin is: a charter member of the opening ceremonies today. which are now the U.S. Virgin Islands. Some Serra Club of Johnson County, Kansas; past Mr. Speaker, I would like all of our col- of the surnames which date back to that time school board member of St. Ann's School and leagues to be aware that on October 20th of are still present in the Virgin Islands today former PTA co-president, with Mimi this year, Sister Catherine Moran will be the such as: Maduro, Castro, Sasso, Levin, Bornn, O'Laughlin. He currently serves on the finance recipient of the 2000 Founders Award from St. and Monsanto. council for St. Ann's Catholic Church in Prairie Thomas Aquinas College in my Congressional The St. Thomas Synagogue is also revered Village, Kansas. He has been involved with or- District, in Sparkill, NY. This highly prestigious as among one of the most architecturally inter- ganizations such as: the Leukemia Society; award is presented annually to the individual esting buildings on St. Thomas. This one the Chamber of Commerce of Greater Kansas who has exemplified the motto of St. Thomas story, three-bay front building measures forty City; the Salvation Army, the Heart Associa- Aquinas College: ``Enlighten the Mind through feet by fifty feet, is rectangular in shape. Its tion; Friends of the Arts and Friends of the Truth.'' foundations, made of masonry with lime mor- Zoo; and the ``Leave a Legacy'' Foundation. I plan to be on hand at the Aquinas Medal tar and plaster, and its walls, made of brick Finally, Brian O'Laughlin has coached over banquet this year as this truly remarkable and cut stone load-bearing masonry walls with twenty five seasons of soccer, basketball and woman is recognized for her compassion and lime mortar and plaster, are still strong and rugby. He also is a certified ``International for her service to humanity. sound. Its interior is emaculate with preserved Doping Control Officer'' for various inter- Mr. Speaker, it is notable that our opening artifacts and furniture centuries old. The most national sports organizations and tests world prayer today was delivered by a truly unique fascinating aspect is its flooringÐ13″ marble class athletes for steroid use to ensure fair individual who made history by being here tiles and covered with one inch of loose sand, competition and the safety of the athletes. with us. a poignant reminder of the time when they Mr. Speaker, Brian O'Laughlin is the kind of f had to worship in secret. The sand on the concerned citizen whose selfless dedication to floor is a remnant of the days of the Marranos, others binds our communities together. I com- TRIBUTE TO RAJ SOIN Jews during the Spanish Inquisition who were mend him on his recognition as ``Man of the forced to convert to Christianity but who se- Year'' by the Missouri Association of Insur- HON. DAVID L. HOBSON cretly practiced their Judaism. Since practicing ance and Financial Advisors and I am pleased OF OHIO their faith was punishable by death, they met to have this opportunity to publicly commend IN THE HOUSE OF REPRESENTATIVES in cellars with sand covering the floor in order his good works before the House of Rep- Tuesday, September 12, 2000 to muffle the sounds of their prayers. resentatives. On Friday, September 15, 2000, the United f Mr. HOBSON. Mr. Speaker, I rise today to States Department of Interior will honor the pay tribute to an outstanding Ohioan and an U.S. Virgin Islands and the Hebrew Congrega- HONORING SISTER CATHERINE individual who has helped to show that the tion of St. Thomas at a ceremony formally MORAN American Dream can become a reality. designating the St. Thomas Synagogue as a Raj Soin came to this country from India in National Historic Landmark. HON. BENJAMIN A. GILMAN 1969 to attend graduate school. The airline On behalf of the Congress of the United OF NEW YORK which brought him to this country lost his lug- States of America, I congratulate the Hebrew IN THE HOUSE OF REPRESENTATIVES gage and Mr. Soin began his American odys- sey with $3 and only the clothes he was wear- Congregation of St. Thomas on attaining this Tuesday, September 12, 2000 honor and salute them for their dedicated ing. Through hard work and determination, he service and contributions to the United States Mr. GILMAN. Mr. Speaker, I was unavoid- received his degree and began a career with Virgin Islands. ably detained in New York and missed the Williams International in Michigan. f opening ceremonies of today's session. Ac- By 1984, Mr. Soin had created Modern cordingly, I deeply regret not being here in Technologies Corporation and established it in TRIBUTE TO BRIAN M. person to greet Sister Catherine Moran, who Dayton to be near Wright-Patterson Air Force O’LAUGHLIN delivered the opening prayer earlier this after- Base and its extensive military research facili- noon. ties. As his businesses grew, he never forgot HON. DENNIS MOORE In recent years, while there have been other the importance of family. His wife and sons OF KANSAS clergy women who have had the honor of have publicly praised his ability to balance his IN THE HOUSE OF REPRESENTATIVES leading this body in its opening prayer, I un- professional and family commitments. derstand, however, that Sister Catherine Mr. Soin is currently president and CEO of Tuesday, September 12, 2000 Moran is the first person who has never been MTC International, a parent company for a Mr. MOORE. Mr. Speaker, I rise today to ordained to be afforded this honor. Truly, this number of high-tech and manufacturing busi- pay tribute to a noteworthy resident of the was an historic occasion. nesses involving engineering, consulting work Third Congressional District of Kansas, Brian However, Sister Catherine's entire life has for the military, computer applications and M. O'Laughlin, who lives in Prairie Village, been one of breaking precedent. Born in services, plastic materials and land develop- Kansas, with his wife, Mimi, and their four Brooklyn, she entered the convent on Sep- ment. Mr. Soin is living proof that America is sons. tember 8, 1945, receiving a Masters Degree in still a land of opportunity. Mr. O'Laughlin recently was named ``Man of Education from St. John's University, and ad- Mr. Soin's belief that the best investment is the Year'' by the Missouri Association of Insur- vanced certificates in Administration from both an investment in good people has given him ance and Financial Advisors for his service Hofstra University and the State University of a vision of excellence and helped him provide and leadership to his industry, community and New York in Plattsburgh. crucial leadership to Wright State University. clientele. He has been in the insurance and fi- From 1975 until 1983, Sister Catherine Mr. Soin is committed to Wright State's devel- nancial services industry in the Kansas City Moran was the Principal at Albertus Magnus opment as a premier institution of higher area for the past 17 years, where his practice High School in Bardonia, New York. Albertus learning and he has consistently demonstrated specializes in insurance. Magnus has long been one of the most pres- his ability to help this dream take form. Mr. O'Laughlin is a past president of the tigious and respected high schools in my Con- While building his own successful business Kansas City Life Underwriters Association gressional District, and its luster is due in ventures, Raj Soin has served on Wright State [KCLUA] and currently serves on its board. good part to the outstanding leadership which University's Board of Trustees since 1993 as KCLUA awarded him its highest honor in Jan- Sister afforded during her eight year tenure as well as its Business College Board of Advi- uary 1999, as the ``Herbert Hedges Man of the its Principal. sors. He also serves on the boards of the Vic- Year.'' He also has served his community as Although she is still affiliated with the Do- toria Theatre, the Dayton Foundation, and the president of the Rockhurst High School Alumni minican Convent in Sparkill, New York, for the Ohio Business Roundtable. Additionally, he Association and as the assistant coach and past 14 years Sister has traveled over the bor- founded the Asian Indian American Business general manager of the Junior Blues High der into New Jersey, where she serves the Group in 1987 and the Ohio India Project School Rugby Club. He was awarded the New Community Corporation in Newark as which raises funds for charitable work. American Red Cross ``Certification of Recogni- Human Resources director. Her outstanding As a result of his steadfast support, Wright tion for Extraordinary Personal Action'' in July service in this capacity earned the attention of State University publicly recognized Mr. Soin

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.033 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1457 on September 11, 2000 by naming the HONORING THE STANDARD REG- Challenge, and also design and carry out a school's College of Business and Administra- ISTER COMPANY IN MONROE, NC Girl Scout Award project. A plan for fulfilling tion in his honor. these requirements is created by the Senior As Ohio's Seventh District Representative to HON. ROBIN HAYES Girl Scout and is carried out through close co- the Congress of the United States, I take this OF NORTH CAROLINA operation between the girl, her troop leader, opportunity to join with Wright State University IN THE HOUSE OF REPRESENTATIVES and an adult Girl Scout volunteer mentor. and our entire local community to honor the Laura and Erin's Gold Award project was efforts and the achievements of Raj Soin. His Tuesday, September 12, 2000 ``Communities Helping Communities.'' They many contributions to the Miami Valley are Mr. HAYES. Mr. Speaker, today it is my are members of Girl Scout Troop 299 in greatly appreciated by all. privilege to recognize the Standard Register Champaign, Illinois. The idea for their project f Company's facility in Monroe, NC, for suc- came when they participated in a school spon- cessfully completing over 600,000 hours of op- sored city clean-up project. They recognized A DAY AT THE RANCH eration with no lost time. the need to help elderly neighbors with yard John Q. Sherman formed Standard Register work and beautification of their property. To- HON. SONNY CALLAHAN Company in 1912 in Dayton, OH. Mr. Sher- gether they organized and coordinated volun- OF ALABAMA man and his company introduced Theodore teer workers, obtained donations of plant ma- IN THE HOUSE OF REPRESENTATIVES Schirmer's paper-feeding invention, the auto- terials and supplies and provided gardening services for eight elderly families and three Tuesday, September 12, 2000 graphic register, to the industrial world. Today, Standard Register is a member of the Busi- churches. Upon completing this project, they Mr. CALLAHAN. Mr. Speaker, I rise today to ness Forms Industry, and is a $1.4 billion evaluated the results. Laura felt that one of recognize the outstanding accomplishments of company with approximately 8,200 associates the benefits of this project was the families A Day at the Ranch Youth Foundation. Found- nationwide. were able to provide input into the selection of ed in Mobile, Alabama, by Peggy Thrash and The plant in Monroe was formed on August flowers and how their flowerbeds were de- Gabriel Peck, Jr., A Day at the Ranch is cur- 6, 1996, when Standard Register Company signed. Erin said she gained self-satisfaction rently headquartered in St. Elmo, Alabama, on acquired Piedmont Pninting. Since that date from providing such a tangible improvement to a ten-acre horse ranch. the employees at the Monroe facility have homes. Benefits of the project were the expe- A Day at the Ranch provides a very unique worked a total of 667,613 hours with no lost rience of intergenerational and multi-racial opportunity for today's youth, especially dis- time, no work-related injuries. This great ac- neighbors working together. advantaged young people. Away from the complishment is proof of the excellent work Jennifer Iversen's Gold Award project in- hustle and bustle of the city, A Day at the habits of all of the members of the Monroe volved obtaining computers for the residents Ranch affords young men and women an op- plant. of Manor Care Health Services. She is also a portunity to participate firsthand in the environ- I would like to extend special congratula- member of Girl Scout Troop 299 in Cham- ment of a working horse ranch. tions and commendations to a few of Standard paign, Illinois. Jennifer and a friend taught In addition to the many chores associated Register's corporate officers and managers, residents basic computer skills and how to ac- with running a ranch, the program also con- Harry Seifert, Dave Fehrman, Rick Miller, Dan cess the Internet. These new skills provided tains an educational component designed to Buchholtz, Earl Ammons, and Terry E. residents the ability to use e-mail to cor- broaden the young persons' awareness and Sizemore. respond with family friends. Jennifer applied knowledge of contributions made by African- Mr. Speaker, I would like to congratulate the for and received a grant for continuation of American men and women in conjunction with employees at Standard Register for their su- this project next year with volunteer assistance horses. perior achievements, and I would ask all of my from the social advocacy class at University Staffed by volunteers from across the state colleagues to join me in paying special tribute Laboratory High School. of Alabama, the ranch also gives students the to them. Christina Barnes's Gold Award project titled opportunity to participate in events such as f ``Assistant Softball Coach'' provided her the West Fest, as well as an annual trip to Hous- opportunity to share her talents and love of ton, Texas. TRIBUTE TO GIRL SCOUT GOLD softball with young women aged 13±15. Chris- West Fest was held in 1998 for Mobile AWARD RECIPIENTS tina is a member of Girl Scout Troop 400 in County schools, and more than 5200 students Philo, Illinois. She coached and taught this attended the day's events. West Fest was HON. THOMAS W. EWING group fast pitch softball skills through the Park highlighted by cultural activities such as the OF ILLINOIS District. Her project also included developing a First Aid kit for the team and emphasizing nu- Bill Picket Rodeo, the largest African-American IN THE HOUSE OF REPRESENTATIVES rodeo in the country, and a cultural exchange trition in her instruction spotlighting Alabama's Native American Tribes Tuesday, September 12, 2000 Merideth Holmes is an Independent Girl and Civil War reenactments. Mr. EWING. Mr. Speaker, today I would like Scout from Monticello, Illinois, and her project, In 1999, A Day at the Ranch Youth Founda- to salute Laura David, Erin Wiggins, Jennifer ``Christian Cuddliess'' involved working with tion selected 40 disadvantaged young people Iversen, Christina Barnes, and Merideth members of a Junior Girl Scout troop to make from across the state, as well as 40 youth in Holmes. They are outstanding young women teddy bears for children admitted to the emer- foster care. They traveled to Houston for the who were honored with the Girl Scout Gold gency room of Ganta Memorial Hospital in weekend and attended the Houston Livestock Award by Green Meadows Council in Urbana, Ganta, Liberia. Merideth enjoyed involving the and Rodeo Show. This trip is now an annual Illinois. Laura, Erin, Jennifer, Christina, and Junior Girl Scouts in her project and being event funded by supporters of A Day at the Merideth were honored on May 8, 2000 for able to make an emergency room more com- Ranch Youth Foundation. earning the highest achievement that a young forting and less threatening for children. Although the program is primarily designed woman aged 14±17 or in grades 9±12 can I believe that Laura David, Erin Wiggins, for today's youth, A Day at the Ranch also earn in Girl Scouting. The Girl Scout Gold Jennifer Iversen, Christina Barnes, and hosts adult groups. Since 1996, more than Award symbolizes outstanding accomplish- Merideth Holmes should receive public rec- 25,000 young people and adults alike have ments and has five requirements, each of ognition for their significant service to their spent A Day at the Ranch. With the over- which helps girls develop skills in the areas of communities and country. whelming social problems our young people leadership, career exploration, self-discovery, f face today, it is clear this program is inform- and service. The fifth requirement is a Gold RECOGNIZING 5 OLYMPIC TEAM ative and beneficial for the young people of Award Project that requires a minimum of 50 MEMBERS FROM THE 41ST DIS- Alabama. hours of participation. TRICT OF CALIFORNIA Mr. Speaker, I salute Peggy Thrash and Ga- Girl Scouts of the U. S. A., an organization briel Peck, Jr., for coming up with the innova- serving over 2.5 million girls, has awarded tive program, A Day at the Ranch. Not only more than 20,000 Girl Scout Awards to Senior HON. GARY G. MILLER OF CALIFORNIA are they helping educate our young people on Girl Scouts since the inception of the program IN THE HOUSE OF REPRESENTATIVES the importance of good equestrian practices, in 1980. To receive this award, a Girl Scout but they are also providing a valuable lesson must earn four interest project patches, the Tuesday, September 12, 2000 on the importance of hard work and responsi- Career Exploration Pin, the Senior Girl Scout Mr. GARY MILLER of California. Mr. Speak- bility. Leadership Award, and the Senior Girl Scout er, it gives me great pleasure to recognize five

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.036 pfrm04 PsN: E13PT1 E1458 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 athletes from California's 41st District that will tion they so desire. Yet, above all, they pre- friendships, however, indicate to Americans be representing the United States at the XXVII serve the trust and respect of the leaders and that Venezuela’s oil supplies, important to Olympic Summer Games in Sydney, Australia. public officials they cover. the United States, cannot be taken for granted. Leah O'Brien-Amico from Diamond Bar and Mr. Speaker, my wife, Karen, and I have That is no reason to waste time denounc- Shelia Douty from Chino will be competing on known Tom Suddes for many years and have ing Chavez, but an incentive to re-emphasize the U.S. Women's Softball Team; Heather the highest regard for his character and abili- the importance of developing new energy Brown from Yorba Linda on the U.S. Women's ties as a journalist. While Karen and I will sources within the U.S. Volleyball Team; Brian Dunseth from Upland sorely miss his insight into Ohio politics and f on the U.S. Men's Soccer Team; and Young his coverage of state and national events, we In Cheon from Diamond Bar will be competing know that our friendship will continue to flour- VICE PRESIDENT GORE’S GULF in Taekwondo. ish. At this time, I would ask my colleagues of WAR VOTE I commend these very special individuals for the 106th Congress to stand and join me in sacrificing, training and competing to make it paying special tribute to Thomas Suddes. His HON. PHILIP M. CRANE to the top of their respective sports. Their hard professionalism and service are a credit to the OF ILLINOIS work has lead to their selection on the U.S. field of journalism. We wish him the very best IN THE HOUSE OF REPRESENTATIVES Olympic Team and with it the notoriety of in all of his future endeavors. Tuesday, September 12, 2000 being our country's finest athletes. It is a great f honor to compete for the United States in the Mr. CRANE. Mr. Speaker, former assistant world's most prestigious athletic contest. Their VENEZUELA’S PRESIDENT CHAVEZ Senate Republican Leader, Alan Simpson, has communities and their nation are very proud of recalled for Americans the serious debate that them. Our support and best wishes go with HON. DOUG BEREUTER went on in the Senate during the period lead- each one of them as they journey to Sydney, OF NEBRASKA ing up to the Gulf War. He tells us in a recent Australia to compete in this year's Olympic IN THE HOUSE OF REPRESENTATIVES article, ``The seriousness of the situation called Summer Games. for open, honest debate. No deal-making. No Tuesday, September 12, 2000 f cajoling. No politics. Just an honest discus- Mr. BEREUTER. Mr. Speaker, I submit for sion, followed by an honest vote of conscience A SPECIAL TRIBUTE TO THOMAS my colleagues the August 16, 2000, Norfork by each senator.'' SUDDES FOR HIS DEDICATED Daily News editorial entitled ``Chavez travels: Mr. Speaker, Senator Simpson reports in SERVICE AND MYRIAD CON- Venezuela's new president provides incentive the Las Vegas Review-Journal that the night TRIBUTIONS TO THE FIELD OF to emphasize energy search.'' As the editorial before the floor debate, he and Senator Dole JOURNALISM correctly notes, Venezuela's new president, were sitting in the Republican cloakroom som- Hugo Chavez, is not winning friends here in berly contemplating the vote which could HON. PAUL E. GILLMOR America. At the request of the Speaker, this mean sending our troops to war. He recalls OF OHIO Member accompanied him on President Clin- that suddenly Tennessee Senator AL GORE IN THE HOUSE OF REPRESENTATIVES ton's one-day trip to Colombia to view first came in and asked, ``How much time will you Tuesday, September 12, 2000 hand the efforts within that country and its give me if I support the President?'' After neighbors to reduce or eliminate the coca and hearing that the Democrats had offered Sen- Mr. GILLMOR. Mr. Speaker, it is with great poppy production, which are the basis of co- ator GORE only seven minutes of camera time pride that I rise today to pay special tribute to caine and heroin. on the floor, the two Republican senators an outstanding individual from the state of It is clear that Mr. Chavez considers himself, promised him twenty minutesÐprime time, if Ohio. Mr. Speaker, on August 31, 2000, with a significant degree of grandiosity and possible. Thomas Suddes, chief legislative reporter for self-assuredness, as the emerging political Senator Simpson reports that later, after the Cleveland Plain Dealer, retired after more power in the region. This appears to have being told by GOP Senate Secretary Howard than 25 years of service in the field of jour- dangerous implications, and such actions by Greene that the time had not yet been final- nalism. President Chavez, as noted in the editorial to ized, Senator GORE exploded with the remark, Born in Youngstown, OH, Tom's educational include known belligerents to our national se- ``Damn it, Howard, if I don't get 20 minutes to- journey began at St. Dominic Elementary and curity, must be closely watched and, if nec- morrow, I'm going to vote the other way.'' Cardinal Mooney High School. In 1976, Tom essary, responded to immediately. Senator Simpson says that it brings him no completed his bachelor of arts degree in jour- Venezuela is the United States' leading sup- joy to recount the events leading up to the nalism at the Ohio State University. Now, Tom plier of imported crude and refined petroleum Gulf War, but feels he has to set the record will leave the Cleveland Plain Dealer after 18 products. The United States accounts for 53 straight because the Gore campaign is now years to pursue his doctorate degree in mass percent of Venezuela's exports. Venezuela's proclaiming that the Vice President ``broke communications at Ohio University's E.W. activities and cooperation within the Organiza- with his own party to support the Gulf War.'' Scripps School of Journalism. tion of Petroleum Exporting Countries (OPEC) The former Senator from Nevada ruefully con- While attending the Ohio State University, under the Chavez Government was one factor cludes that ``it's much closer to the truth to say Tom worked as statehouse reporter, col- in doubling oil prices. he broke for the cameras to support the Gulf umnist, editorial page editor, and editor-in- Mr. Speaker, it is time we let Mr. Chavez War.'' chief of the student-run Ohio State Lantern know that we are concerned about his actions Mr. Speaker, I submit the article by Senator newspaper. After graduating from OSU, Tom as a hemispheric neighbor. Simpson, entitled ``Political Calculations and wrote for the Chicago Sun-Times and the Des [From the Norfolk Daily News, Aug. 16, 2000] GORE's Gulf War Vote,'' which appeared in the Moines Register and Tribune. He also served Las Vegas Review-Journal for September 1, CHAVEZ TRAVELS—VENEZUELA’S NEW PRESI- as editorial page editor with Foster's Daily 2000 for the CONGRESSIONAL RECORD. Democrat of Dover, New Hampshire and as- DENT PROVIDES INCENTIVE TO EMPHASIZE ENERGY SEARCH sistant news editor with the Clarion-Ledger of POLITICAL CALCULATIONS AND GORE’S GULF WAR VOTE Jackson, MS. Venezuela’s new president, Hugo Chavez, was not winning friends among America’s In 1982, Tom Suddes began working for the Al Gore’s running a new campaign ad policymakers by cozying up to Cuban Dic- across the country now, saying he is ‘‘fight- organization that would showcase his talents tator Fidel Castro or suggesting that Libya ing for us.’’ But the true story of his Gulf and allow his career to flourish, the Cleveland was a model of ‘‘participatory democracy.’’ War vote says he is usually fighting for Al. Plain Dealer. Tom has served in many posi- Now he has taken a step further in that di- Here is the inside story of what happened. tions with the Cleveland Plain Dealer over the rection by traveling to Iraq as part of a visit The Gulf War vote was pretty serious busi- last 18 years. From state desk reporter to Co- to OPEC nations that make up the cartel of ness. I can’t think of anyone who didn’t have lumbus bureau chief, from columnist to chief oil producers. a lump in his or her throat as they weighed legislative reporter, Tom Suddes has brought It is the first visit of any foreign leader to the situation—50,000 American troops were Iraq since Saddam Hussein’s forces invaded deployed; Saddam Hussein promising the honor, integrity, and fair reporting to each of Kuwait 10 years ago, bringing on the Gulf ‘‘mother of all battles;’’ most ‘‘experts’’ pre- his assignments. War. dicting heavy American losses. Journalists like Tom Suddes are a credit to America cannot dictate who Chavez’s The choice was not an easy one. Senators their profession. They diligently work to secure friends can be, though it is cause for alarm with combat experience on both sides of the stories, which bring their readers the informa- that he embraces such firm enemies. Those aisle were on both sides of the issue. Some

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.040 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1459 Democrats openly supported the measure; tant an issue to fall victim to politics and re- specific centers for meeting the needs of the some Republicans openly opposed it. And pulsive revising. It was a moment of chal- Jewish community, such as the Stern Hebrew vice versa. lenge. And sadly, Al Gore was not up to it. High School, Jewish Family and Children The seriousness of the situation called for As a member of the U.S. Senate for 18 open, honest debate. No deal-making. No ca- years, I saw many senators show their stuff Services, and Jewish Employment and Voca- joling. No politics. Just an honest discus- when times got tough. And, sadly, I saw tional Services. sion, followed by an honest vote of con- some who failed to rise to the occasion. In Mr. Speaker, the Raymond and Miriam Klein science by each senator. As Republican whip, January of 1991, Al Gore put politics over Branch should be commended for its tireless I worked with the Republican leader, Bob principle. pursuit to support and pull together the Phila- Dole, and the Democratic leaders, George f delphia community. The Klein Branch's devo- Mitchell and Sam Nunn, to schedule the de- tion to enriching the lives of all people who bate. As Republicans, Bob and I were respon- DUQUESNE UNIVERSITY, MYLAN enter their facilities should be recognized, as sible for scheduling time to speak for sen- SCHOOL OF PHARMACY ators who supported the war. As Democrats, its members achieve 25 fulfilling years of com- George and Sam were responsible for sched- munity service. I congratulate and offer my uling time to speak for those who opposed HON. WILLIAM J. COYNE best wishes for continued education in the the war. OF PENNSYLVANIA coming years. The night before this monumental debate, IN THE HOUSE OF REPRESENTATIVES f I sat in the Republican cloakroom with Sen. Dole. The mood was somber. The tension was Tuesday, September 12, 2000 U.S.-INDIA RELATIONS palpable. We were on the verge of sending Mr. COYNE. Mr. Speaker, today I recognize troops to war. Our national credibility was on the line. Would America stand up to tyr- the 75th anniversary of Duquesne University's HON. BENJAMIN A. GILMAN anny and aggression in the Middle East? Mylan School of Pharmacy. OF NEW YORK This was not some issue to be taken lightly. Seventy-five years ago this month, the IN THE HOUSE OF REPRESENTATIVES As Bob and I discussed the debate schedule Duquesne School of Pharmacy opened its Tuesday, September 12, 2000 for the next day, a senator walked into our doors. In the subsequent years, it has pre- cloakroom and asked to speak to us. The pared thousands of pharmacists who have Mr. GILMAN. Mr. Speaker, today I am intro- senator’s appearance and request surprised gone on to provide competent, professional ducing H. Res. 572, a resolution expressing Bob and me. It surprised us because the sen- service and advice to people across the coun- the sense of the House of Representatives ator was a Democrat, coming to ask for a try. Thy Mylan School of Pharmacy is widely that it is in the interest of both the United favor. Who was that man? States and India to expand and strengthen It as Tennessee Sen. Al Gore Jr. recognized as one of the best pharmacy Sen. Gore got right to the point: ‘‘How schools in the country. I am proud that this U.S.-India relations, intensify bilateral coopera- much time will you give me if I support the outstanding institution is located in my con- tion in the fight against terrorism, and broaden president?’’ In layman’s terms, Gore was gressional district. the on-going dialogue between the United asking how much debate time we would be f States and India, of which the upcoming visit willing to give him to speak on the floor if to the United States of the Prime Minister of he voted with us. TRIBUTE TO THE KLEIN BRANCH India, Atal Bihari Vajpayee, is a significant ‘‘How much time will the Democrats give step. you?’’ Sen. Dole asked in response. ‘‘Seven minutes,’’ came the droning re- HON. ROBERT A. BORSKI This coming Thursday, Indian Prime Min- sponse. OF PENNSYLVANIA ister Atal Vajpayee will address a joint session ‘‘I’ll give you 15 minutes,’’ Dole said. IN THE HOUSE OF REPRESENTATIVES of Congress. His historic visit comes at a pre- ‘‘And I’ll give you five of mine, so you can cious moment in U.S.-Indian relations. The have 20 minutes,’’ I offered. Tuesday, September 12, 2000 world's two largest and most vibrant democ- Gore seemed pleased, but made no final Mr. BORSKI. Mr. Speaker, today I honor the racies are in the process of creating a relation- commitment, promising only to think it Jewish Community Centers of Greater Phila- over. ship that truly reflects our mutual interests. Gore played hard to get. He had received delphia's Raymond and Miriam Klein Branch, Both of our governments are dedicated to his time. But now he wanted prime time. as they celebrate 25 years of servicing their the protection of the rule of law, democracy And Dole and I knew it, After Gore left, Dole community. and freedom of religion. Our citizens share a asked Howard Greene, the Republican Senate The Klein Branch opened its doors to soci- fervent faith in these core values. It is also secretary, to call Gore’s office and promise ety in 1975, as a haven not only for its mem- why India and the United States see eye-to- that he would try to schedule Gore’s 20 min- bers, but also for all in the community. The eye on so many regional concerns. utes during prime time, thus ensuring plenty Klein Branch began and continues to reach China's hegemony, the spread of Islamic of coverage in the news cycle. Later that night, Sen. Gore called Greene out to many people, including the youth, sen- terrorism spilling out of Afghanistan and Paki- and asked if Dole had him a prime time ior citizens, New Americans, and also those stan, the narco-dictatorship in Burma, China's speaking slot. When Greene said nothing had with special needs. illegal occupation of Tibet, are serious con- been finalized yet, Gore erupted. ‘‘Damn it, Currently, the Klein Branch of the Jewish cerns to both of our nations. Howard! If I don’t get 20 minutes tomorrow, Community Centers of Greater Philadelphia During this past summer, the world was hor- I’m going to vote the other way.’’ offers a wide array of activities and programs. ror stricken when Islamic terrorists gunned The following day, Gore arrived on the They consist of: preschool and kindergarten, down some 101 Hindu pilgrims in Kashmir. Senate floor with, I always thought, two summer camp, adult education, exercise and The massacre came only two weeks after the speeches in hand. Gore was still waiting to see which side—Republicans or Democrats— fitness classes, senior adult programs and largest militant Kashmiri group, Hezb-ul would offer him the most and the best speak- clubs, after school programs, single parents Mujahadeen, called for a cease fire. The ing time. Sen. Dole immediately asked the groups, teen programs, and numerous killings were apparently done to sabotage any Senate to increase the amount of speaking planned trips for all of its members. The Klein attempt to peacefully broker a settlement to time for both sides. I believe only then, after Branch facilitates programs that encompass the Kashmir crises. All of us are outraged by Gore realized we were asking for more time many different age groups and specifications, the brutal barbaric killings of innocent civilians. to make room for him on our side, that he fi- as to meet the varying needs of all people. Such malicious extraordinary violence rein- nally decided to support the resolution au- At the Klein Branch, ``family'' is always a forces my conviction that India and the United thorizing the use of force to drive Saddam Hussein out of Kuwait. principal priority. The center offers events that States must develop a much closer military It brings me no joy to recount the events the entire family can partake in such as movie and intelligence relationship. A special rela- leading up to the Gulf War vote. It isn’t night, bingo night, dances, theater programs, tionship is needed so that we can share our something I wanted to do. But it is some- and community service days. These programs knowledge and skills in order to successfully thing I have to do. I was there. provide means for family members to interact confront our mutual enemies who wish to de- I have to set the record straight because with one another, and strengthen the ties be- stroy the basic principles of our societies. the Gore campaign is now running an ad pro- tween them. Regrettably, the State Department creates claiming that Al Gore, ‘‘broke with his own The Klein Branch has also labored to edu- confusion among our friends and allies in Asia party to support the Gulf War.’’ In reality, it’s much closer to the truth to say he broke cate its members on Jewish holidays, culture by promoting a ``strategic partnership'' with for the cameras to support the Gulf War. and traditions. The center presents holiday China and by ignoring the fact that Beijing, in And I have to set the record straight be- meals and educational events such as Book violation of the Nuclear Non-Proliferation Trea- cause the Gulf War vote was far too impor- Festivals and film series. It has also created ty, transfers and sells nuclear and ballistic

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.044 pfrm04 PsN: E13PT1 E1460 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 weapons technology to Pakistan, a militaristic Resolved, That it is the sense of the House [Las Vegas Review-Journal, Sept. 1, 2000] nation that spreads terrorism throughout South of Representatives that— WHAT’S SO GREAT ABOUT CANADA’S MEDICAL Asia by supporting the Taliban and other re- (1) the United States and the Republic of SYSTEM? India should continue to expand and pressive forces. China has also sold billions of PATIENTS PAY MORE FOR DRUGS; MANY COME TO strengthen bilateral security, economic, and U.S. FOR TREATMENT dollars of arms to the narco dictatorship in political ties for the mutual benefit of both (By Bill McArthur) Burma that borders on India. countries, and for the maintenance of peace, We need to lift the remaining sanctions that stability, and prosperity in South Asia; VANCOUVER, B.C.—Some politicians are were imposed on India for testing nuclear (2) the United States should consider re- promising they can deliver cheap drugs for weapons. As long as the State Department moving existing unilateral legislative and Americans by copying the Canadian system. administrative measures imposed against Beware—the silly season lasts until Nov. 7. permits China to go unchecked and it con- The claim that pharmaceuticals are hugely India, which prevent the normalization of tinues to stoke the fires in South Asia, India cheaper in Canada is just plain wrong. Many United States-India bilateral economic and will need to be able to defend itself. drugs are much more expensive in Canada trade relations; and generic prices are consistently higher. The Prime Minister's address to Congress (3) established institutional and collabo- The Organization for Economic Cooperation this week will afford all of our Members of the rative mechanisms between the United and Development reports that prices for House and Senate the opportunity to hear States and India should be maintained and brand name drugs are overall 23 percent about issues of importance in the U.S.-India enhanced to further a robust partnership be- lower in Canada. However, individual in- tween the two countries; bilateral relationship, including trade, energy, comes of Canadians are 24 percent lower and (4) it is vitally important that the United investment, science, information technology, the standard of living is lower. as well as cooperative efforts to combat ter- State and India continue to share informa- That is what happens when an economy is rorism and to achieve regional peace and se- tion and intensify their cooperation in com- badly managed—wages and standard of living bating terrorism; and curity in South AsiaÐa region of prime impor- decline and manufacturers are able to make (5) the upcoming visit of the Prime Min- and sell drugs and other products at a lower tance to our national interests. ister of India, Atal Bihari Vajpayee, to the As the current Indian government works to price. United States is a significant step toward The politicians promoting Canadian drug ensure that India remains secure, we should broadening and deepening the friendship and pricing should quit loading the buses bound be marching shoulder-to-shoulder with her cooperation between United States and for Canada and consider loading up 747’s during this new century. India. heading to Southeast Asia. Drugs and other I look forward to meeting with the Prime products are really cheap there. However, Minister and working closely with him and his f per capita income, standard of living and government on initiatives that bring peace and prices are inseparable and I doubt Americans prosperity to India and Asia, and even strong- WHAT’S SO GREAT ABOUT want a Southeast Asian standard of living. er bonds of friendship between our two na- CANADA’S MEDICAL SYSTEM? Dr. Richard Manning, when at Brigham Young University in 1997, demonstrated that tions. up to 50 percent of any Canada-U.S. price dif- I submit the full text of H. Res. 572 for the HON. PHILIP M. CRANE ferential was due to the cost of legal liability RECORD and I urge my colleagues to support OF ILLINOIS in the United States. the resolution. IN THE HOUSE OF REPRESENTATIVES Americans sue more often, win their cases more often and get much larger settlements H. RES. 572 Tuesday, September 12, 2000 than Canadians. These costs have to be Whereas the United States and the Repub- added to the price of drugs and artificially lic of India are two of the world’s largest de- Mr. CRANE. Mr. Speaker, Dr. Bill McArthur is a practicing physician, research scientist jack up the cost to consumers. mocracies that together represent one-fifth I’ll bet the folks clambering on the buses of the world’s population and more than one- and writer in Vancouver, B.C. In a recent to Canada haven’t been told they have very fourth of the world’s economy; issue of the Las Vegas Review-Journal, he little hope of collecting anything if they suf- Whereas the United States and India share criticizes some U.S. politicians for promising fer serious complications from drugs pre- common ideals and a vision for the 21st cen- they can offer Americans much cheaper drugs scribed and purchased in Canada. tury, where freedom and democracy are the simply by copying the Canadian pharma- The bulk of the world’s new drugs are de- strongest foundations for peace and pros- ceutical system. For one thing, he argues, the veloped in the United States. Canada and perity; many other countries do not do their share Whereas in keeping with this vision India reason some drugs are 23 percent cheaper in Canada is that individual incomes there are 24 of pharmaceutical R&D. So if all the really has given refuge to His Holiness the Dalai cheap drugs for Americans are bought from Lama, Burmese refugees fleeing repression percent lower than in the United States, and Third World countries, who will do the R&D? in Burma, and is a refuge for people in the therefore manufacturers there are able to The drug companies will be fine because region struggling for their basic human make and sell drugs at a lower price. they will have switched to making largely rights; The doctor stresses, however, that up to 50 unregulated veterinary drugs or more likely, Whereas the United States and India are nonpharmaceutical products. partners in peace with common interests in percent of any Canada-United States price-dif- ferential is due to the cost of legal liability in But who is going to do the R&D to develop and complementary responsibility for ensur- the cures for diabetes, osteoporosis, coronary ing international security and regional peace the United States. Americans, he says, ``sue artery disease, Alzheimer’s, Parkinson’s and and stability; more often, win their cases more often, and all the other diseases that affect the elderly? Whereas the United States and India are get much larger settlements than Cana- No one—that’s who! And with those over 65 allies in the cause of democracy, sharing our dians''Ðand those extra costs must be added doubling to 25 percent of the population by experience in nurturing and strengthening to the price of United States drugs. In addition, 2025, what lies ahead for those now under 40, democratic institutions throughout the he argues, much of the cost-differential is the when they reach their golden years—ill world and fighting the challenge to demo- result of the expensive continuous research health and poverty—that’s what. cratic order from forces such as terrorism; I am a practicing physician in the pharma- Whereas the growing partnership between and development effort in U.S. companies, ceutical nirvana lauded by some U.S. politi- the United States and India is reinforced by where most of the world's new drugs and new cians. Every day I see my patients suffering the ties of scholarship, commerce, and in- cures are created. in the collapsing health-care system that we creasingly of kinship among our people; In contrast to the significant progress of have in Canada. In terms of medical tech- Whereas the industry, enterprise, and cul- American medical technology, Dr. McArthur nology we rank right in there with Poland, tural contributions of Americans of Indian observes that Canada ranks ``right in there Mexico and Turkey near the bottom of the 29 heritage have enriched and enlivened the so- with Poland, Mexico, and Turkey near the bot- OECD countries. cieties of both the United States and India; Patients wait months for a simple CT scan and tom of the 29 OECD countries.'' He concludes or an MRI. Recently I had to tell a lady she Whereas the bonds of friendship between that any suggestion by politicians that pharma- had cancer and also that she had to wait 10 the United States and India can be deepened ceuticals are much cheaper in Canada ``is just weeks for the appointment to be assessed for and strengthened through cooperative pro- plain wrong.'' treatment. grams in areas such as education, science Mr. Speaker, I submit Dr. McArthur's article, In Ontario in one year, 121 people were per- and technology, information technology, fi- ``What's So Great about Canada's Medical manently removed from the coronary artery nance and investment, trade, agriculture, en- System?'' as printed in the Las Vegas Review- bypass graft list because they had waited so ergy, the fight against poverty, improving long, they were now too ill to withstand the the environment, infrastructure develop- Journal on September 1, 2000, in the CON- surgery. ment, and the eradication of human suf- GRESSIONAL RECORD to enable all Americans One hundred twenty-one, souls condemned fering, disease, and poverty: Now, therefore, to compare the real status of medical costs to a slow, unpleasant and very expensive be it and services between our two countries. death because of the lack of timely care.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.047 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1461 Every day I see patients suffering because ment to end hatred and bigotry in all their dicates there are many questions concerning government regulations prevent me from forms, to liberate those who face misfortunate the current and future state of the assisted liv- prescribing frontline drugs, or because our and oppression, and to cherish the differences ing movement. Because of these questions, I system of price controls and delays in ap- am proposing a White House Conference to proval mean that they are not available at among the world's inhabitants. The museum is any cost. at once a monument to the past and a chal- help advance our knowledge and awareness Just three years ago, I personally needed lenge for the future. of these issues, and if appropriate, rec- to drive periodically to Washington state to As a first step toward meeting this chal- ommend public policy steps that are nec- get medication that was not available in lenge, I urge my colleagues to support this bill. essary to ensure the optimal development of Canada. This is the system that some politi- f this industry. cians say they would impose on the United Mr. Speaker, I urge my colleagues to join States. INTRODUCTION OF HOUSE JOINT me in increasing our understanding of the as- Provision of pharmaceuticals for the elder- RESOLUTION REGARDING QUAL- sisted living industry. By focusing on con- ly, the poor and the chronically ill is an im- ITY OF CARE IN ASSISTED LIV- sumer protections and quality of care, we will portant objective in all civilized societies, ING FACILITIES but Canada does not provide an example to work to ensure the health and well-being for emulate. our country's elderly. Americans deserve something far better HON. FORTNEY PETE STARK I submit an excerpt from the Robyn Stone than Canada’s ramshackle health-care sys- OF CALIFORNIA paper along with a May 8, 1999 New York tem. Come to think of it, so do Canadians. IN THE HOUSE OF REPRESENTATIVES Times editorial calling attention to problems in this sector: f Tuesday, September 12, 2000 ASSISTED LIVING UNITED STATES HOLOCAUST Mr. STARK. Mr. Speaker, I join today with Another trend that is attracting attention MEMORIAL MUSEUM my colleague Representative COYNE to intro- from policymakers, private developers, and duce a House Joint Resolution relating to the consumers is assisted living. One significant SPEECH OF quality of care in assisted living facilities. problem with this trend is the lack of a con- HON. NITA M. LOWEY As long-term care has emerged as a vital sistent definition used by providers, regu- issue for the health and well-being of our na- lators, and policymakers. Some argue that OF NEW YORK ‘‘assisted living’’ is just a ’90s label for a tion's elderly, assisted living is emerging as a IN THE HOUSE OF REPRESENTATIVES long-term care setting that has been around popular model. More and more consumers are Thursday, September 7, 2000 for centuries—another example of ‘‘old wine drawn to the ideals of privacy and independ- in new bottles.’’ Homes for the aged, fre- The House in Committee of the Whole ence that are promoted by the assisted living quently associated with nonprofit fraternal House on the State of the Union had under industry. States have followed the trend by in- and religious organizations, proliferated in consideration the bill (H.R. 4115) to authorize creasingly providing public funding via Medic- the nineteenth and early twentieth centuries appropriations for the United States Holo- aid's Home & Community-Based Services to supply room and board for poor, infirm el- caust Memorial Museum, and for other pur- waiver for assisted living services. derly people. Over the past three decades, poses: sporadic attention has focused on scandalous Despite assisted living's popularity; how- mistreatment of residents in board and care Mrs. LOWEY. Mr. Chairman, I rise in strong ever, there remain many questions regarding homes, a version of homes for the aged that support of H.R. 4415. the direction of this industry. Assisted living fa- also became a refuge for the people with The United States Holocaust Memorial Mu- cilities are defined and arranged in a variety of chronic mental illness in response to the de- seum stands in our nation's capital in solemn ways. Some view assisted living as housing institutionalization frenzy of the 1960s. testimony to the terrible power of senseless residences while others view them as medical In the 1980s the term ‘‘residential care fa- hatred and the ultimate triumph of faith and service providers. Many facilities often do not cility’’ became fashionable as a catch-all the human spirit. It guards the memory of the allow ``aging in place'' despite pictures painted label for places providing room, board, and some level of protective oversight. Hawes et six million Jews and millions more who fell vic- by their marketing brochures. States have re- al. (1993) have estimated that about a half tim to Nazi Germany's genocidal persecution sponded with varying definitions, regulations, million people live in residential care facili- during World War Il. And it stands as a symbol and oversight, resulting in unequal consumer ties or board and care homes in the United for those who survived this tragedy, assuring protections throughout the country. States. Perhaps twice that number are living them that we are committed to keeping their Quality of care in assisted living facilities in unlicensed facilities (November et al., stories alive. has been an issue of concern. A GAO study 1997). An investment in the Holocaust Memorial found that 25 percent of surveyed facilities It is somewhat ironic that homes for the aged, board and care homes, and other types Museum is an investment that strengthens the were cited for five or more quality of care or of residential care were replaced in the late very fabric of our society. The nearly 15 mil- consumer protection violations during 1996 1960s and 1970s by nursing homes modeled lion people who have visited the museum and 1997, and 11 percent were cited for 10 or after hospitals. ‘‘Nursing homes’’ have deliv- since its establishment have seen the pictures more problems. I understand that steps have ered far less nursing care than the name sug- of murdered families, loyal and productive been taken to address these concerns, but gests. Today residential care is again in fash- members of society, who were sent to their news reports of lawsuits filed on behalf of as- ion. It is viewed as a desirable alternative to deaths for the crime of being Jewish. They sisted living residents continue to illustrate the nursing homes because of its ostensibly less have seen the gaunt bodies of survivors, liber- impact of poor quality on the health of elderly institutional character and its emphasis on a social, rather than a medical, model. A num- ated by allied troops from the death camps, residents. ber of states, including Oregon, Washington, facing the reality of families destroyed and Just a few weeks ago in my district, an el- Florida, and Colorado, have aggressively lives shattered. They have seen the examples derly woman passed away in an assisted liv- tried to use residential care as a less costly of the righteous, like Raoul Wallenberg, who ing facility due to hemorrhaging from her dialy- substitute for institutions. One recent study risked their lives to defy Nazi hatred and save sis shunt. Two times, she pressed her call estimates that anywhere between 15 and 70 their Jewish brethren. Because of this mu- pendant for help, but both of these calls were percent of the nursing home population, na- seum, 15 million people know the price society cleared and reset 10 minutes later. The facility tionwide, could live in residential care in- pays when contempt triumphs over compas- did not place a 911 call for assistance until 1 stead (Spector et al., 1996). Kane (1997) has questioned the judgment of hospital dis- sion, when people blinded by hatred are al- hour and 34 minutes later. There was no charge planners who refer elders with dis- lowed to reign free. nurse on duty, and all four resident aides in abilities to nursing homes, rather than alter- In light of the events of the past decade, of the facility at the time have denied responding native arrangements, because 24-hour care is the strife we have seen in Bosnia, Rwanda, to the calls or clearing/resetting the call sys- supposedly available. She notes that remark- Kosovo, and other places, it it more important tem. This situation is still under investigation, ably little nursing care is provided in nurs- than ever that we offer our full and unwavering but it highlights the seriousness of inadequate ing homes. For example, a survey of nursing support to the educational and cultural mission quality of care in these facilities. home residents in six states found that 39 of the Holocaust Memorial Museum. It is a A new Milbank Memorial Fund publication percent of the residents received no care from a registered nurse in 24 hours; residents powerful rebuke to those who would divide us, entitled, ``Long-Term Care for the Elderly with who did receive such care received an aver- both at home and abroad. It is a clear state- Disabilities: Current Policy, Emerging Trends, age of only 7.9 minutes; care by a nursing as- ment, a tangible symbol, of our active, cease- and Implications for the Twenty-First Century,'' sistant averaged 76.9 minutes daily less resistance to the darker impulses of hu- by Robyn I. Stone is an excellent review of (Friedlob, 1993). Despite these arguments, manity. It is a manifestation of our commit- issues facing assisted living. As the article in- empirical research has been equivocal on the

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A12SE8.050 pfrm04 PsN: E13PT1 E1462 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 issue of the ‘‘substitutability’’ and cost sav- and consumers, a number of impediments to group. Today the Assisted Living Federation ings of residential care compared to nursing its development need attention. Today, the of American estimates there is a kaleido- home placement (Kane et al., 1991; Newcomer assisted living market is primarily composed scopic collection of about 30,000 such facili- et al., 1995b; Sherwood and Morris, 1983). In of the well-off elderly, with little available ties in the United States, with a million old fact, residential care is more likely to be a to moderate- or low-income consumers, as people living in them, almost all of whom substitute for living in one’s own home than the recent study by Hawes et al. (1999) con- pay their own way. in a nursing home. firms. This gap is due, in part, to the limited Some facilities fall into state licensing What appears to distinguish assisted living sources and inadequate amounts of public fi- categories and some do not. Their average from residential care in general and from the nancing (primarily SSI and SSP), which national monthly rate per person is $1,500 somewhat pejorative ‘‘board and care’’ is a could help subsidize room, board, and care but elegant two-bedroom units on Long Is- matter of philosophy and emphasis on care, for financially strapped individuals and their land may rent for $5,000 or more. The Na- not just housing (Kane, 1997). Some have also families. The most common monthly rate for tional Investment Conference, a group that suggested that assisted living is the rich per- facilities offering either high service or high specializes in the senior housing market, son’s residential care while board and care is privacy was approximately $1,800 in 1998. found in a survey of 73 assisted living devel- for poor people who rely on federal Supple- Other impediments to assisted living in- opments released this year that the median mental Security Income (SSI) and state sup- clude concerns, expressed by state policy- profit margin was 29 percent. For a quarter plements (SSP) to cover the costs. A recent makers and potential private providers, of the properties, it was more than 35 per- survey of assisted living regulations in 50 about balancing consumer choice and pri- cent. Those numbers warm Wall Street, but states indicates that four states—Alabama, vacy on one hand with health, safety, and li- do not guarantee that the communities de- Rhode Island, South Dakota, and Wyoming— ability considerations on the other. One liver high-quality services. use the terms ‘‘assisted living’’ and ‘‘board major issue reflecting this concern is the de- Because the phenomenon has grown up and care’’ interchangeably (Mollica and gree to which states are willing to moderate around existing rules, many kinds of places Snow, 1996). For the other states, key char- their nurse practice acts to allow the delega- can advertise ‘‘assisted living.’’ A Govern- acteristics differentiating assisted living tion of certain tasks, such as administering ment Accounting Office survey, performed at from other types of residential care are: an medication, caring for wounds, and changing the request of the U.S. Senate Special Com- explicit focus on privacy, autonomy, and mittee on Aging, found that about half the independence, including the ability to lock catheters (Kane, 1997). A number of states, residents sign up without being sure what doors and use a separate bathroom; an em- such as Oregon, Kansas, Texas, Minnesota, phasis on apartment settings in which resi- and New York, have included nurse delega- services the facilities provide, how much dents may choose to share living space; and tion provisions, but the latitude and inter- they cost or what medical care the residents the direct provision of, or arrangement for, pretations of the provisions vary tremen- can count on. A quarter of the places sur- personal care and some nursing services, de- dously. Not surprisingly, they have met seri- veyed were cited for five or more problems pending on degrees of disability. ous resistance by many nurses’ organiza- involving quality of care or resident protec- As noted in an earlier section on care set- tions, for whom professional turf is as sig- tion within two years. tings, Hawes et al. (1999) recently completed nificant as care issues. When Albert Fleischmann, 85, a St. Peters- the first national survey of assisted living, The motives of the assisted living industry burg Yacht Club member and retired owner using a national probability sample of facili- have also been questioned. The industry in- of a hardware chain, moved into an assisted ties that met several criteria. These include cludes more real estate developers and hotel living facility in Pinellas County, Florida, in having 11 or more beds, primarily serving an managers than care providers. Furthermore, 1997, his daughter was reassured. Patricia elderly population; and providing 24-hour as nursing homes look for new markets and Fleischmann Johnson heads a charity that staff oversight, housekeeping, at least two reimbursement strategies that circumvent serves as guardian for 134 people in such meals a day, and personal assistance with government regulation, many skilled nurs- places. But when Mr. Fleischmann suffered a two or more activities of daily living (ADLs). ing facilities may simply lay carpet, install heart attack at his table in the dining room According to preliminary findings from a door locks, and hang out the ‘‘assisted liv- this year, he was ignored. He called his telephone survey, most facilities offer con- ing’’ shingle. Finally, there are questions daughter. She took him to the hospital. She sumers a range of privacy options. Single about the amount of assistance that these then called back to ask the facility how he rooms were the most common residential facilities actually provide. According to the was, and was told—as if he were there—that unit (52 percent); the rest of the units were study by Hawes et al., 65 percent of the par- he was ‘‘fine.’’ Because Mr. Fleischmann apartments. The most common type of single ticipating facilities supplied ‘‘low service’’; likes the place, he is still there. But his room was a private room with a full bath- that is, they did not have an RN on staff or daughter, who testified before the Senate room; the most common apartment was a did not provide nursing care, although they committee, is more concerned now, and she one-bedroom for single occupancy. did provide 24-hour staff oversight, house- is not alone. While most facilities reported a general keeping, two meals, and personal assistance. There are no pending bills in Congress, but willingness to serve residents with moderate Another 5 percent, categorized as ‘‘minimal 32 states are expected to consider legislation physical limitations, fewer than half were service,’’ supplied no personal assistance this year to increase regulation of the as- willing to admit or retain residents who with ADLs. Given that many facilities do sisted living industry. They should do so. needed assistance with transfers from a bed not admit or retain people with severe phys- With so many frail lives and so much money or chair. Furthermore, fewer than half of ical disabilities or cognitive impairment, the involved, this issue is not going away. participating facilities would admit (47 per- level of care is additional cause for concern. f cent) or retain (45 percent) residents with moderate to severe cognitive impairment; [From the New York Times, May 8, 1999] HONORING DR. SAM CALLAWAY only 28 percent would admit or retain resi- THE NEED FOR CARE AS WELL AS PROFIT dents with behavioral symptoms such as Among other things, the 1990’s will be re- wandering. membered as the decade when developers and HON. SCOTT McINNIS In assessing the extent to which these fa- OF COLORADO cilities’ characteristics match the philos- older, affluent, anxious Americans discov- IN THE HOUSE OF REPRESENTATIVES ophy of assisted living, Hawes et al., (1999) ered each other with enthusiasm, with re- concluded that only 11 percent offered high sults both encouraging and worrisome. The Wednesday, September 13, 2000 privacy and high service. Another 18 percent concept that both they and Wall Street have provided high privacy but low service. embraced is called assisted living. There is Mr. MCINNIS. Mr. Speaker, it is with deep- Twelve percent offered low privacy but high no common definition of it. Each of the 50 est sympathy that I wish to recognize the life service. The researchers noted that residents states regulates it differently, and the Fed- and exceptional contributions of Dr. Sam of these assisted living facilities had consid- eral Government not at all. But to older re- Callaway. Sam Callaway passed away on July erably more privacy and choice than resi- tirees who can pay to live in the new and re- 12, 2000 at the age of 86. Dr. Callaway dents in most nursing homes and in the conditioned spaces sprouting across the country, the assisted living communities served the community of Durango, Colorado board and care homes they had investigated for forty-two years, beginning his practice in in a previous study. Nevertheless, facilities offer something irresistible. It is the promise varied widely. A substantial segment of the of Pleasantville, where they can live out 1946 and retiring in 1998. Dr. Callaway cared industry provided environments that did not their lives gracefully, with hotel services, as- for his patients, giving both time and compas- reflect the philosophy of assisted living. Fur- sistance when they need it, and the chance sion to each person he treated. His dedication thermore, the many facilities whose admis- to hold off or avoid what many of the aged was evident in his manner, his attitude of in- sion or retention policies excluded people most fear—the nursing home. terest and in his practice of going to patients with the cognitive impairments or severe For developers, some with no experience in in need, day or night. Known for his bedside caring for the aged, the attraction is clear. physical disabilities suggests that assisted manner, Sam Callaway was a model of kind- living is not an environment where those The number of old people of financial means who experience significant functional decline is growing. Some 6.5 million now need some ness and gentility. Dr. Callaway was not only can ‘‘age in place.’’ help with the chores of daily living. That fig- appreciated and respected by his patients, but While assisted living does warrant serious ure is expected to double by 2020. Ten years also by his colleagues. He was often re- consideration by policymakers, providers, ago there was not even an industry trade quested to assist in surgeries. Dr. Callaway

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A12SE8.054 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1463 was active in the community as well, serving itself will do nothing to protect our society from HONORING DR. KENT VOSLER as a member of the Durango Elks Lodge and discriminationÐthis Congress should be con- Masonic Lodge. He served our country in the sidering substantive legislation to strengthen HON. JOHN A. BOEHNER Navy during World War II as part of the med- anti-discrimination laws based on one's sexual OF OHIO ical corps in the South Pacific. Mr. Speaker, preference. IN THE HOUSE OF REPRESENTATIVES Dr. Callaway was a selfless man, giving end- I also believe that Congress should conduct Wednesday, September 13, 2000 lessly to ensure the well-being of others. His a comprehensive review of its system of grant- service to this great nation, as well as his 42 Mr. BOEHNER. Mr. Speaker, I rise today in ing charters to private organizations. As you years of medical service and countless years recognition of Dr. Kent Vosler. On September know, Congress has chartered roughly 90 of kindness to the citizens of the Durango 16, 2000 Dr. Vosler will be admitted into the nonprofit corporations over the years, includ- community, are honorable and worthy of rec- Ohio State University Athletic Hall of Fame. In ing many well-known patriotic, charitable, his- ognition. I am confident that in spite of this addition to his contribution to the Buckeye Div- great loss, the family and friends of Dr. Sam torical, or educational purpose organizations. I ing team, Kent was also on the 1976 Montreal Callaway can take comfort in the knowledge share the concems of my colleagues that the Olympic team. Kent is one of a long list of great Ohio State that each is a better person for having known public may misinterpret the granting of a fed- divers. His accomplishments at Ohio State him. It is with this that I pay tribute to the life eral charter as a sign of Congressional or gov- were many. He was a four time NCAA All- of this accomplished and wonderful man. ernmental approval of an organization. In American and a four time Ohio State Scholar f 1989, the House Judiciary Committee decided to place a moratorium on federal charters. I Athlete. While a senior in high school he won REPEAL OF THE FEDERAL CHAR- believe the Committee should examine wheth- gold medals in 1 meter diving and in 10 meter TER OF THE BOY SCOUTS OF er Congress should allow existing federal platform diving at the national age group AMERICA charters to lapse, so that Congress is no championships, and was coached at various longer in the business of seeming to endorse times by Ohio State Hall of Famers Ron HON. BENJAMIN L. CARDIN private organizations. O'Brien, Vince Panzano and Hobie Billingsley. He later won four National AAU diving cham- OF MARYLAND Let me reiterate that I believe discrimination pionships, was a member of the 1975 Pan IN THE HOUSE OF REPRESENTATIVES on the basis of sexual orientation is unaccept- American Games American team, and the Wednesday, September 13, 2000 able. I will continue to support H.R. 1082, to 1976 Olympic team. Mr. CARDIN. Mr. Speaker, the House of expand federal criminal law protection to ex- Kent was born December 6, 1955 in Day- Representatives recently voted on H.R. 4892, tend to sexual orientation, and I will continue ton, Ohio but he now considers Eaton, Ohio, a bill to repeal the federal charter of the Boy to work for the enactment of the Employment in the heart of Ohio's 8th Congressional Dis- Scouts of America. I voted against the bill, and Non-Discrimination Act (ENDA). I believe that trict his home. He is the only Olympian to ever would like to take this opportunity to explain the Congress must take concrete steps to re- hail from Preble County, Ohio. All of Ohio is my reasons. vise government policies that would bring proud of Kent and I congratulate him on his My vote against this legislation should not in about a more inclusive American family, which many accomplishments. any way be interpreted as a weakeming in my embraces all of our citizens as individuals wor- f thy of equal protection of the law. support for banning discrimination on the basis HONORING DR. JOE VIGIL of sexual orientation. I deplore discrimination on the basis of sexual orientation. I will con- f tinue to work to meaningfully expand our na- HON. SCOTT McINNIS tion's civil rights protections for gays and les- PERSONAL EXPLANATION OF COLORADO bians. IN THE HOUSE OF REPRESENTATIVES At the same time, I share the concerns HON. MAJOR R. OWENS Wednesday, September 13, 2000 raised by others about the policy of discrimina- Mr. MCINNIS. Mr. Speaker, it is a privilege tion that gave rise to the Supreme Court case OF NEW YORK and an honor to have this opportunity to pay in Boy Scouts of America versus Dale. Cer- IN THE HOUSE OF REPRESENTATIVES tribute to one of Alamosa's most well-loved tainly we all recognize the high regard the Boy and admired coaches, Dr. Joe Vigil, as he pre- Scouts of America are held in by millions of Wednesday, September 13, 2000 pares to leave Adams State College after a Americans. The organization has played a decorated and distinguished 29-year career. positive role in the lives of millions of young Mr. OWENS. Mr. Speaker, on Tuesday, Joe has been the embodiment of service and Americans. September 12, 2000, I was unavoidably ab- success during his time at Adams State and In June, a sharply divided Supreme Court sent on a matter of critical importance and clearly deserves the praise and recognition of held that applying New Jersey's public accom- missed the following votes: this body as he, his runners and the town of modations law to require the Boy Scouts to On H.R. 2090 (rollcall No. 460), Exploration Alamosa, Colorado celebrate his ground- admit a homosexual member violates the Boy of the Seas Act, introduced by the gentleman breaking career. Scouts' First Amendment right of expressive from Pennsylvania, Mr. GREENWOOD, I would If ever there were a person who embodied association. As a practical matter, therefore, have voted ``yea.'' the spirit and values that motivate others to the Boy Scouts will be permitted to exclude achieve success, it is Joe. He has distin- citizens from participating in their organization On H.R. 4957 (rollcall No. 461), to amend guished himself through his exceptional lead- solely on the basis of their sexual orientation. the Omnibus Parks and Public Lands Manage- ership and service that have placed him I regret the Supreme Court's decision. ment Act to extend the legislative authority for amongst the elite running coaches in the Unfortunately, a Congressional review of the the Black Patriots Foundation, introduced by country. He was voted No. 3 on the list of federal charter given to the Boy Scouts, and the gentleman from New York, Mr. RANGEL, I Colorado's top collegiate coaches in the past the process the Republican leadership has would have voted ``yea.'' 100 years and received the honor of NCAA employed in bringing this bill to the House On H.R. 3632, (rollcall No. 462), the Golden and NAIA Coach Of The Year 14 times. He floor, is not the appropriate venue to address Gate National Recreation Area Boundary Ad- has also served the United States as an inter- this issue. I am disappointed that the Judiciary justment Act, introduced by the gentleman national coach on 17 different occasions, in- Committee did not fulfill its responsibility to from California, Mr. LANTOS, I would have cluding several Olympic Games. Most notably, hold hearings on this legislation. I strongly be- voted ``yea.'' Joe coached his teams to 18 national cham- lieve that the Republican leadership has not pionships, accounting for more than 350 All- properly reviewed the underlying legal and On H.R. 4583, (rollcall No. 463), authoriza- tion extension for the Air Force Memorial Americans. constitutional issues at stake in this bill, and I Mr. Speaker, Joe's commitment to his com- Foundation, introduced by the gentleman from regret that the bill has been brought up under munity has been so great that it led the Utah, Mr. HANSEN, I would have voted ``yea''. the suspension of the rules. Under this proce- Alamosa City Council to proclaim August 12, dure, members have no opportunity to ask On S. 1374 (rollcall No. 464), the Jackson 2000, Joe I. Vigil day. Their proclamation questions or offer amendments. Rather than Multi-Agency Campus Act, introduced by the reads: considering legislation to revoke the federal gentleman from the other body, Mr. CRAIG of ``Whereas Dr. Joe I. Vigil has led Adams charter of the Boy ScoutsÐwhich in and of Idaho, I would have voted ``yea.'' State College teams to athletic excellence

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.001 pfrm04 PsN: E13PT1 E1464 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 over the years, whereas he has successfully thanks for their blood, sweat and sacrifice. In traffic in the Indian OceanÐmainly between coached numerous Olympic and champion many respects, Art and his comrades sym- Europe, the Persian Gulf and East Asia. The athletes, whereas he is an inspiration for rec- bolize the unyielding human spiritÐover- safety of maritime commerce in the Indian reational runners and a role model for all, coming any obstacle, no matter how difficult, Ocean, as well as the oil fields of the nearby whereas he represents Alamosa nationally without the expressed purpose of gaining South China Sea, are also indispensable inter- and internationally as an athletic ambassador, fame or glory. They were just doing their duty. ests of the United States and the West. A now therefore, I, Charles J. Griego, Mayor Pro No more. No less. friendly India is the key to furthering these Tem of Alamosa, Colorado, by virtue of the To Art Furuya, his comrades in his battalion U.S. interests. authority vested in me, do hereby proclaim and to those that never made it home from Hence, India is a bulwark of regional sta- August 12, 2000, as Dr. Joe I. Vigil Day in the this great war, you have earned this soldier's bility and consequently a guardian of crucial City of Alamosa, Colorado.'' respect. Thank you for all your service. strategic and economic interests of the United As Joe celebrates leaving Adams State Col- f States and the entire West. The national inter- lege and Alamosa, Mr. Speaker, I wanted to est of the United States is to have a strong, take this opportunity to say thank you and SENSE OF HOUSE REGARDING democratic and prosperous India as an ally congratulations on behalf of the United States UNITED STATES-INDIA RELATIONS and a partner. India can stabilize the volatile Congress. In every sense, Joe is a great yet crucial regionÐensuring that the strategic coach who deserves praise and admiration HON. JIM SAXTON and economic interests of the U.S.-led West from all of us. I wish him the best of luck as OF NEW JERSEY are furthered and not infringed upon. More- he continues to pursue his coaching career in IN THE HOUSE OF REPRESENTATIVES over, the rapid economic development growth Green Valley, Arizona. Joe is one of the na- Wednesday, September 13, 2000 of India makes it a most promising trade part- tion's best and someone we can all be proud ner with the United States. For example, In- of. Mr. SAXTON. Mr. Speaker, I welcome dia's burgeoning software-developing industry My thanks to him for a job well done. Prime Minister Atal Behari Vajpayee of IndiaÐ is a major contributor to the U.S. computer in- f the Prime Minister of a key strategic ally of the dustry. In the era of growing globalization, the United States and an important partner in the U.S. can and should benefit from the Indian HONORING ART FURUYA struggle against international terrorism. Mr. economic surge. However, to fully realize its Vajpayee's government has achieved signifi- potential, India must be free of subversion and HON. JOHN SHIMKUS cant economic development, modernization, terrorism. OF ILLINOIS and consolidation of democracy in India. Therefore, the terrorism waged against India IN THE HOUSE OF REPRESENTATIVES These accomplishments are all the more im- harm the national security and economic inter- pressive when examined in the context of the Wednesday, September 13, 2000 ests of the United States. Ultimately, a strong, terrorism India has to cope with on a daily democratic, and economically viable India Mr. SHIMKUS. Mr. Speaker, I rise today to basis. It is so easy for any government to serves and furthers the U.S. national interest. honor Mr. Art Furuya, formerly of Nashville, Il- seize on such a threat in order to centralize Hence the U.S. should stand side-by-side with linois. While he may no longer reside in my power at the expense of personal freedoms. It India and cooperate in its struggle against ter- district, there is a valuable lesson we can is so tempting to cite foreign security threats rorism. The U.S. should help the democratic learn from his story. in order to legitimize a military coup. However, goverment in New Delhi to continue and main- When most 17 year olds think of cars, New Delhi has elected to fight terrorism and tain the delicate balance between resolutely proms and graduation, Art's thoughts turned to develop India without infringing on the popu- fighting terrorism and preserving democracy, defending his country. You see, December 7, lation's democratic rights and freedoms. And civil rights and a rule of law for all. So far, the 1941, the day Pearl Harbor was attacked, was this is a major, yet unheralded, triumph of both record of Mr. Vajpayee's Government has Art's birthday. The following Monday, Art, who Mr. Vajpayee's government and the people of been both impressive and improving. The is of Japanese descent, went to enlist in the India. United States should applaud India for its re- war effort. He tried to enlist in the Army, Navy To comprehend India's recent achievements form efforts in the face of terrorism. and Marines, but none would take him be- one must take a closer look at the terrorist cause of his Japanese heritage. threat posed to India. f He and his family were separated and were Despite undeniable achievements of the In- victims of the internment camps. Surprisingly, dian security forces, the situation in Kashmir TRIBUTE TO MR. ALBERT AUGUST after suffering that great injustice, the one continues to deteriorate. The forces used ‘‘GUS’’ KARLE thing that never left his heart was his love of against India now include a combination of America. Kashmiri fighters and a growing number of for- HON. SAXBY CHAMBLISS After leaving the camp, he was finally al- eign operatives. OF GEORGIA lowed to enter the Army in 1943 as part of the The terrorist threat to India goes beyond the IN THE HOUSE OF REPRESENTATIVES heavy weapons battalion of the 442nd Regi- disputed Kashmir. Only a couple of weeks mental Combat Team along with many Japa- ago, Abu Abdul Aziz, one of the key Pakistani- Wednesday, September 13, 2000 nese Americans. The fact that he had little sponsored Islamist leaders publicly defined the Mr. CHAMBLISS. Mr. Speaker, today I am training and did not know how to put up a tent ultimate objectives of the Kashmiri Jihad: ``Our proud to honor Mr. Albert August ``Gus'' Karle. made little difference to Art. He was eager to destination is not Kashmir. Our aim is that all Mr. Karle, who has served the Waycross-Ware serve and fight for the land he loved. of India be converted into a Muslim state.'' County community for forty-five years, has de- The 442nd may be best known for their ``Go There was not a word of recrimination or even cided to step down from his position as presi- For Broke'' mantra when they were rescuing disassociation from Islamabad. dent of the Waycross-Ware County Chamber about 200 fellow soldiers of the 141st Regi- In examining India's struggle against ter- of Commerce. ment of the 36th Division. Eight hundred men rorism, one must remember the unique geo- Mr. Karle has been a dedicated member of died in that rescue effort. His company started strategic importance of the Indian sub-con- the Waycross-Ware County community for with 150 men and ended up with 16 after that tinent. North-west India, including Kashmir, is many years. He has worked in the private sec- fateful battle. Art won 2 Purple Hearts for his located at the edge of the Arc of Crisis. tor for forty-one years, thirty-six years for the service. Stretching from the Caucasus in west, through railroad, before retiring and dedicating his time The 100th Infantry Battalion and the 442nd Central Asia to northern India and the north- to the Waycross civic arena. Mr. Karle has un- Combat team, in which Art served, gained a western Chinese province of Xinjiang, the Arc selfishly assisted the YMCA, the Downtown total of 18,143 individual decorations, 9,486 of Crisis is emerging as the world's next pri- Waycross Development Authority, and the Purple Hearts, and 560 Silver Stars and 7 mary reserves of oil and gasÐthe Persian Waycross-Ware County Chamber of Com- Presidential Unit Citations. Not a bad record Gulf of the 21st Century. The Arc of Crisis is merce, where he served as President for five for a group of men that were originally un- also the continental gateway to China and the years before retiring in June of 2000. wanted and deemed suspicious by others. Far East. Long term stability in the Arc of Cri- The Waycross-Ware county community and There has been much written about the sis is therefore an indispensable interest of the myself are proud of Mr. Karle's service and ``Greatest Generation''Ðthose World War II United States. The long and deep coast-line of dedication. His leadership and prior activity in vets who set forth and saved the world. I don't the Indian subcontinent are crucial for the sta- both the local civic and church affairs will be know if we as a nation can adequately give bility and safety of the maritime commercial greatly missed but certainly not forgotten.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.002 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1465 HONORING FLOYD E. ESPINOZA FSC REPEAL AND EXTRA-TERRI- Mr. Speaker, Mr. Raul Carabajal put his TORIAL INCOME EXCLUSION ACT own life on the line to save the lives of an el- OF 2000 derly woman and her two pets. This valiant HON. SCOTT McINNIS and noble act is the reason for his receiving SPEECH OF the Regional Hero of the Year Award from the OF COLORADO HON. DENNIS J. KUCINICH National Association of Letter Carriers. IN THE HOUSE OF REPRESENTATIVES OF OHIO Mr. Speaker, it is appropriate at this time that we recognize Mr. Raul Carabajal for his Wednesday, September 13, 2000 IN THE HOUSE OF REPRESENTATIVES Tuesday, September 12, 2000 bravery and commitment to the community. Congratulations to Mr. Carabajal for receiving Mr. McINNIS. Mr. Speaker, I would like to Mr. KUCINICH. Mr. Speaker, American tax- take this moment to commend Costilla County this distinguished award. payers will choke on the discovery that HR f Commissioner Floyd E. Espinoza on his con- 4986 contains a big tobacco subsidy. In effect, tributions to his community. The Honorable this bill holds American taxpayers responsible HONORING BEN BEALL Mr. Espinoza has served Costilla County since for coughing up $100 million per year, in lieu 1994 and has fought hard to increase the tax of taxing the tobacco industry on income from HON. SCOTT McINNIS base in his area. December will conclude Mr. cigarette sales in Africa, Asia and Latin Amer- OF COLORADO Espinoza's six-year service as County Com- ica. IN THE HOUSE OF REPRESENTATIVES missioner. According to the World Health Organization, Wednesday, September 13, 2000 Mr. Espinoza spent over three decades in 10 million people will die annually by 2030 Mr. McINNIS. Mr. Speaker, I would like to the Federal Government before moving to from smoking, 70 percent in developing coun- take this moment to commend the Honorable elected office. These thirty some years were tries. Why should American taxpayers sub- sidize the spread of tobacco-related diseases Ben Beall for his outstanding public service to spent in the Air Force and United States De- and cancer in the world's poorest countries? the State of Colorado. After nearly a decade partment of Interior. Mr. Espinoza's contribu- That's what HR 4986 does. of service to his community, Ben is stepping tions and leadership to Costilla County have Supporters of the bill may argue that a down as Routt County Commissioner. He has made it a better place for all of its citizens to wider spectrum of business benefits from HR served his community admirably and I would live. 4986 than merely the tobacco industry, so why like to pay tribute at this time, to his career in Mr. Espinoza has served his community in ``throw the baby out with the bath water.'' public office. outstanding fashion and I wish him the best in This is, however, a false choice. We could During his distinguished tenure as a Com- his future endeavors. have considered this bill under regular order, missioner, Ben strove to ensure that the agri- where members could have offered amend- Floyd, your community, State, and Nation cultural needs of Colorado's farmers were re- ments. It is only because the House leader- spected and preserved. Ben's desire to help are proud of you and we're grateful for your ship brought this bill up under suspension of service. others has also led him to get involved with a the rules, and as a consequence, no member number of different community organizations. can offer an amendment, that we are faced f Ben has served as Chairman of the Emerald with rejecting the whole bill because of the to- Mountain Partnership, and the Routt County bacco subsidy. TRIBUTE TO DICK WALDEN Democratic Party. He also served on the But I urge my colleagues to confront the sit- Yampa River Basin Partnership, the Northwest uation we have been given, and still insist on Transportation Planning Commission, and the HON. SAXBY CHAMBLISS what is right. Take a deep breath and reiect Yampa River System Legacy Project. this bill. Ben has worked diligently to ensure that his OF GEORGIA f community is a better place for all its citizens. IN THE HOUSE OF REPRESENTATIVES RECOGNIZING RAUL CARABAJAL His hard work and outstanding leadership will FOR RECEIVING THE NATIONAL be greatly missed. Ben, on behalf of the State Wednesday, September 13, 2000 ASSOCIATION OF LETTER CAR- of Colorado and the US Congress, I thank you for your service. Mr. CHAMBLISS. Mr. Speaker, today I am RIERS’ REGIONAL HERO OF THE YEAR AWARD Good luck with all of your future endeavors. proud to honor Mr. Dick Walden of Warner f Robins, GA. Mr. Walden is retiring from his position as president of the Warner Robins HON. MIKE THOMPSON PERSONAL EXPLANATION Chamber of Commerce after devotedly serving OF CALIFORNIA the local business community for 16 years. IN THE HOUSE OF REPRESENTATIVES HON. MAJOR R. OWENS Mr. Walden's retirement will bring a close to Wednesday, September 13, 2000 OF NEW YORK 30 years of accomplished service in Chamber Mr. THOMPSON of California. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES of Commerce Management. He has served today I recognize Raul Carabajal of Fairfield, Wednesday, September 13, 2000 five chambers in Georgia and Florida, as well California, for receiving the National Associa- Mr. OWENS. Mr. Speaker, on the afternoon as serving on the board of directors of both tion of Letter Carriers' Regional Hero of the of September 7, 2000, I was unavoidably ab- the Georgia and Florida chamber of com- Year Award. sent on a matter of critical importance and merce executive associations. Mr. Walden's Mr. Carabajal is being recognized for his missed the following vote: achievement has been appreciated by many selfless and heroic act of rescuing a postal On H.R. 4844 (rollcall No. 459), to mod- as the Georgia Chamber of Commerce Execu- customer from a smoky house fire. While de- ernize the financing of the Railroad Retirement tives Association named him Chamber Profes- livering mail, as he had for the past 15 years, System and to provide enhanced benefits to sional of the Year in 1991. His accomplish- along his regular route, Mr. Carabajal spotted employees and beneficiaries, introduced by ment is apparent through the growth and eco- smoke rising in the sky above the neighbor- the gentleman from Pennsylvania, R. SHU- nomic progression that Warner Robins has ex- hood rooftops. Following the smoke, Mr. STER, I would have voted ``yea.'' perienced under his leadership. The number Carabajal arrived at a house on fire, ran to the f of member businesses in Warner Robins has door, pounded it open, then dropped to his more than grown from 310 to 1,336 under his hands and knees and crawled into the house. DICK WARDROP JR. AND AK Blinded by smoke, he followed sounds until direction. STEEL’S SUCCESS UNDER HIS he saw the pale arm of an elderly woman as LEADERSHIP Warner Robins has benefited immensely she lay in the hallway. He immediately from the contributions of service and devotion dragged the woman out of the house to safety HON. JOHN A. BOEHNER that Mr. Walden has made to the area. The and returned into the house to rescue her two OF OHIO economic health experienced over the past Pomeranian dogs, leading them to safety IN THE HOUSE OF REPRESENTATIVES years is a reflection of Mr. Walden's hard work through the garage. and dedication. I appreciate all of his accom- Hearing the siren of fire trucks arrive, Mr. Wednesday, September 13, 2000 plishment and hope for his continued success Carabajal quietly jumped back into postal vehi- Mr. BOEHNER. Mr. Speaker, I submit these in future endeavors. cle and resumed his normal mail deliveries. remarks in commemoration of The National

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.003 pfrm04 PsN: E13PT1 E1466 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 Safety Council's announcement that AK Steel penned her first book, ``Tell us a Story: An Af- those plans, particularly the expensive restora- Chairman and CEO Dick Wardrop Jr. has rican-American Family in the Heartland.'' What tion components have been hard to come by. been selected as the inaugural recipient of its started as a personal project of collecting sto- WAYNE'S bill, in conjunction with provisions Green Cross for Safety Medallion. The Na- ries for her grandchildren soon snowballed that I authored which are also included in this tional Safety Council is a non-government, into a collage of stories about her family grow- package, will help address that problem. non-profit international membership organiza- ing up in southern Illinois. The provisions that I originally introduced as tion dedicated to promoting safety, health, and I am thankful to Shirley for reinforcing the H.R. 1237 were passed by the House in May, environment quality in the nation's workplaces. value of sharing one's family heritage with the and I am glad to see that they are again in- Their award is presented annually to the younger generation. For it is our history that cluded in this estuary package. H.R. 1237 au- American corporate leader who has dem- teaches us the greatest lessons in life. thorizes the funds to implement, in addition to onstrated a longstanding commitment to work- f just prepare, National Estuary Program plans. place safety and corporate citizenship. NSC This is particularly important in my district President and CEO Gerald Scannell recog- HONORING WAYNE MOOREHEAD where the Barnegat Bay Estuary is sur- nized AK Steel as one of the nation's leaders rounded by a densely populated area. This in creating and maintaining a safety culture HON. SCOTT McINNIS high volume of land and water use makes throughout the company; as well as commu- OF COLORADO wise and active management essential to pro- nicating its commitment to safety to its share- IN THE HOUSE OF REPRESENTATIVES tect and preserve the estuary's important eco- logical values. The Barnegat Bay Estuary Pro- holders and the public, and making safety a Wednesday, September 13, 2000 core value within the AK Steel organization. gram has prepared a plan that I believe is up Forbes Magazine, in its January 11, 1999 Mr. MCINNIS. Mr. Speaker, it is with great to the task of wise and active management, issue, named Dick Wardrop to its ``Platinum sadness that I take this moment to celebrate but only if it is implemented. Passage of this List'' for leadership in steering AK Steel to its the life of Wayne Moorehead. After an exten- legislation, including H.R. 1237, is needed to position as the best-performing company in sive battle with heart disease, Wayne passed assure that funds for implementation are avail- the metals industry. AK Steel has also been away in his sleep at the age of 84. While able. named to the Fortune 500 list, Fortune Most friends and family remember this accom- I also commend the Committee for including Admired Companies list, Industry Week's 100 plished journalist, I too would like to pay trib- in this package the Chesapeake Bay Program Best Managed Companies in the World list ute to this great American. reauthorization provisions written by our late and the Cleveland Plain Dealer 100. Wardrop Wayne brought a smile to everyone he friend from Virginia, Herb Bateman. The joined AK Steel in 1992 and was instrumental came in contact with. His infectious laugh and Chesapeake Bay defined his congressional in turning the troubled firm, then known as great sense of humor will be greatly missed. district, and it is only right that we make sure Armco Steel Company, L.P. into one of the Wayne is, to say the least, a celebrity in his bill becomes law this year. Estuaries fuel the growth of our fisheries country's most successful steel companies. southern Colorado, leaving an impression and provide us with many recreational oppor- AK Steel has led the steel industry in oper- upon many that he came into contact with. tunities. However, the qualities that make ating profit per ton, a key industry measure- Karen Maas-Smith, from a recent article by them so special must be actively and aggres- ment, for more than six consecutive years. Charlie Langdon in the Durango Herald, said sively guarded. This bill gives the tools we Since 1992, AK Steel's financial performance this about Wayne: ``When I heard of his pass- need to provide that protection. I urge my col- has been as much as four times higher than ing, I instantly missed him, but I can't reflect leagues to support it this evening. the industry average. AK steel could not have on him without smiling. His laughter was his f reached such a high standard without the dy- greatest gift. He himself was a gift to the plan- namic leadership and personal commitment to et.'' HONORING THE INDIAN TEACHER being ``first in safety,'' the consistent message Wayne always found a way to find some- EDUCATIONAL PERSONNEL PRO- of the company's top officer, Mr. Wardrop. thing positive out of every situation he was in. GRAM AT HUMBOLDT STATE In addition to his zero injury and injury pre- His sense of humor helped to ease tensions in UNIVERSITY vention policy, Mr. Wardrop has led AK Steel the news rooms and press meetings where he as the nation's leader in quality of life for its spent most of his professional life. HON. MIKE THOMPSON plant environment and corporate grants and Wayne's love for life and his fellow man was obvious in his every action. No matter the dif- OF CALIFORNIA donations to the community. AK Steel has its IN THE HOUSE OF REPRESENTATIVES headquarters in Middletown, Ohio and has ficulty of the situation, he always seemed to Wednesday, September 13, 2000 about 11,000 employees in plants and offices find a way to get through it with a smile. His in Middletown, Coshocton, Mansfield, Warren illuminating persona will be greatly missed by Mr. THOMPSON of California. Mr. Speaker, and Zanesville, Ohio: Ashland, Kentucky; the community of Durango. today I recognize the 30th anniversary of the Rockport, Indiana; and Butler, Sharon and Wayne was a great journalist and a great Indian Teacher and Educational Personnel Wheatland, Pennsylvania. friend of Colorado. Program (ITEPP) at Humboldt State University Mr. Dick Wardrop Jr. is a true leader whose f in Arcata, California. Since its establishment, hard work and dedication should serve as an ITEPP has trained hundreds of students for CLEAN WATERS AND BAYS ACT OF successful careers serving Native American example for us all. Every American should as- 2000 pire to this kind of enthusiastic commitment to communities across the nation. ITEPP was the nation's first Indian teacher- service. I am proud to know and represent a SPEECH OF person like Mr. Wardrop and AK Steel Con- training program created to address the drop- gress. As Mr. Scannell said, ``Dick Wardrop HON. JIM SAXTON out rate of American Indian students. It origi- has set an extremely high standard of cor- OF NEW JERSEY nated from the vision of tribal leaders and porate citizenship against which all future IN THE HOUSE OF REPRESENTATIVES educators who believed Native students would respond better to Native teachers who were nominees will be judged.'' Tuesday, September 12, 2000 f not only able to teach the basic academic Mr. SAXTON. Mr. Speaker, I want to com- public school curriculum, but could maintain HONORING SHIRLEY MOTLEY mend my colleagues on the Transportation the tribal and cultural identities of their stu- PORTWOOD Committee for bringing this measure before dents. In the mid-80s the program expanded the House. Earlier today the House adopted to include training for other educational per- HON. JOHN SHIMKUS our colleague WAYNE GILCHREST'S Estuary sonnel such as social workers, administrators, OF ILLINOIS Habitat Restoration bill. That bill provides an guidance counselors, and tribal service profes- IN THE HOUSE OF REPRESENTATIVES additional source of funds from the Corps of sionals. Engineers, in consultation with other Federal Students from across the nation rep- Wednesday, September 13, 2000 agencies, to restore the environmental health resenting numerous tribes have participated in Mr. SHIMKUS. Mr. Speaker, I rise today to of our estuaries. As you know, most of the the program. Over ninety percent of the stu- honor a local author, Shirley Motley Portwood, major estuaries in the United States have pre- dents have graduated and the program has a from Godfrey, Illinois. pared plans under National Estuary Program one hundred percent employment rate. With Ms. Portwood is a history professor at to conserve and manage important estuary re- this measure of success ITEPP has also be- Southern Illinois University and recently sources. Unfortunately, funds to implement come a model for other Native teacher-training

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.011 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1467 programs throughout our nation as well as to a career that would have an immense im- The community in which this group operates Canada and Australia. pact upon thousands of Colorado's youth. has a large Hmong population, who have Mr. Speaker, it is appropriate that we honor After receiving his education from Mesa been especially well-served by this program the accomplishments of the Indian Teacher State College, and his teaching certificate from through both English-as-a-second-language and Educational Personnel Program on the the University of Northern Colorado, Keith classes and parent-child development assist- occasion of its 30th anniversary and honor the began his illustrious teaching career. For near- ance. The Chippewa Valley group has also hard work and dedication of its graduates who ly 30 years, he ensured that Grand Junction's been successful in assisting families move have furthered education and served their youth understood the importance of knowl- from welfare to work. community. edge and learning. His techniques and style In fact, Wisconsin is home to a variety of f were at times considered unconventional, but such programs that have successfully used for many students, Keith's unorthodox ap- Even Start money as seed funding while de- IN HONOR OF THE 25TH ANNIVER- proach sparked an intellectual curiosity that veloping funding mechanisms from local com- SARY OF ST. PROCOP LADIES’ would remain with them for the rest of their munity sources as well as other federal pro- GUILD life. grams. Larry Beckner summed up the incredible im- Even Start provides the kind of services we HON. DENNIS J. KUCINICH pact that Mr. Clark had upon his life in an arti- should all like to see enacted in our commu- OF OHIO cle by Rachel Sauer in The Grand Junction nities; services that we as federal policy mak- Daily Sentinel: ``He instilled in me the belief IN THE HOUSE OF REPRESENTATIVES ers should be proud to assist. These are com- that whatever is out there, I can do it. That prehensive, integrated efforts to help whole- Wednesday, September 13, 2000 was the attitude that he had and the attitude families, and to assist the most needy in our Mr. KUCINICH. Mr. Speaker, I rise today in I picked up from him.'' Keith taught students to communities reach self-fulfillment and self-suf- recognition of the valuable services to the realize the importance of life and how to ap- ficiency. community which the St. Procop Ladies' Guild preciate it. He also helped young people to I am pleased Chairman GOODLING pursued has provided throughout its 25 year history. learn the value of being a student. Beckner bipartisan support for this bill in an effort to The organization, founded in September of also had this to say: ``He turned me around give our communities effective, useful re- 1975, prides itself on serving the needs of the from being just a person in school to being a sources to help families. local community. It has maintained an out- student. He opened my eyes to community in- In closing, I must also say that I am pleased standing commitment to the achievement of volvement, to political issues and he made me to have served with Chairman GOODLING on this task. St. Procop Ladies' Guild organizes a a student.'' the Education and Workforce Committee. I al- wide range of fundraising events with the aim Keith Clark exemplified the ideals of what it ways appreciate his fairness and no-nonsense of invoking an atmosphere of community spirit means to be an American. He fought to pro- approach to committee business. I hope this and inclusivity. These events include monthly tect this country's highest ideals during World body as a whole will honor the legacy of my card parties, bake sales, craft shows, and War II and he worked tirelessly to promote the friend from Pennsylvania and strive to pass ef- pancake breakfasts. importance of a good education to his stu- fective, quality education legislation. Such events are designed with the aim of dents. Both at home and abroad, Keith was a f providing aid for the less fortunate members of genuine American hero. A TRIBUTE TO KITTY CARLISLE our community. The parish organizes a weekly Mr. Speaker, at this time I would like to ex- HART meal program for the needy. Their commit- tend my condolences on behalf of the State of ment to such noble causes should receive due Colorado and the U.S. Congress to the family recognition and respect. In addition, the parish of a true American patriot, Keith Clark. Keith HON. NITA M. LOWEY organizes a variety of social and spiritual touched the lives of thousands of people. OF NEW YORK events which add immeasurably to the vi- Though he is gone, his proud legacy will live IN THE HOUSE OF REPRESENTATIVES brancy and vitality of community life. on in the family, friends and students who Wednesday, September 13, 2000 were blessed to know him. A community benefits when its residents Mrs. LOWEY. Mr. Speaker, today I express f reach out to one another, to lend a hand dur- my great admiration for Kitty Carlisle Hart, an ing a time of need. The enduring commitment LITERACY INVOLVES FAMILIES extraordinary actress, singer, advocate, and of the St. Procop Ladies' Guild reflect the fin- TOGETHER ACT community leader who this year celebrates her est level of love and caring for their commu- ninetieth birthday. nity. On behalf of the Greater Cleveland Com- SPEECH OF Kitty Carlisle Hart's contributions to the arts munity, I extend my sincere gratitude for their have been remarkable. She first appeared on good works. HON. RON KIND OF WISCONSIN Broadway in ``Champagne Sec,'' made her My fellow colleagues, I rise today in honor IN THE HOUSE OF REPRESENTATIVES debut with the Metropolitan Opera as Prince and recognition of the St. Procop Ladies' Guild Orlofsky in ``Die Fledermaus,'' ``'and starred in and their valuable contribution to community Tuesday, September 12, 2000 the American premiere of Benjamin Britten's life. Mr. KIND. Mr. Speaker, as a member of the ``Rape of Lucretia.'' f Education and Workforce Committee, I rise in Her career on film has been equally impres- support of this family literacy measure, and to sive, including roles in ``A Night at the Opera,'' HONORING KEITH CLARK applaud the leadership of Chairman GOODLING ``She Loves Me Not,'' ``Here Is My Heart,'' as he finishes a long and distinguished career ``Radio Days, '' and ``Six Degrees of Separa- HON. SCOTT McINNIS both on our committee and in this chamber. tion. '' OF COLORADO I am particularly pleased to support the LIFT Millions of Americans know and love Kitty IN THE HOUSE OF REPRESENTATIVES Act because earlier this year, an organization Carlisle Hart from her fifteen year run as a in my Congressional District received an witty and endearing, panelist on ``To Tell The Wednesday, September 13, 2000 award from the Secretary of Education pro- Truth. '' Her sparkling personality helped make Mr. MCINNIS. Mr. Speaker, it is with pro- claiming it as an outstanding program in adult that program a national phenomenon. found sadness that I ask for this moment to literacy services. In New York, Kitty Carlisle Hart has distin- celebrate the life of Keith Clark. Keith was a The Chippewa ValleyÐLiteracy Volunteers guished herself as one of our most valuable model citizen and a highly respected educator of America has been providing family literacy citizens. She chaired the New York State in Grand Junction, Colorado. Keith left an in- services in the Eau Claire area for nine years. Council on the Arts, which supports countless delible impression upon many he came in con- In general, Even StartÐFamily Literacy pro- cultural activities, and worked with Nelson tact with and he will be deeply missed. grams provide ``four legs'' of support in helping Rockefeller to expand opportunities for Keith grew up during the Great Depression families who face unique education chal- women. Kitty Carlisle Hart has also devoted where hard work wasn't an option, it was part lenges. Using Even StartÐFamily Literacy her time and energy to a variety of educational of everyday life. Keith took these values to seed money, the Chippewa Valley Literacy institutions and museums, always infusing her heart, serving his country with distinction in Volunteers have been able to provide services work with a passion for the creative spirit. World War II as a B-52 pilot. After returning for (1) early childhood, (2) adult education, (3) For these efforts and many others, Kitty States side, Keith finished his formal edu- parenting education, and (4) parent and chil- Carlisle Hart was awarded the National Medal cation, an education that would ultimately lead dren relationships. of Arts by President George Bush in 1991.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.014 pfrm04 PsN: E13PT1 E1468 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 Throughout her splendid life, Kitty Carlisle an important part of who we are, both eco- tors to entry-level employees. Boasting 7 mi- Hart has delighted audiences and inspired all nomically and culturally. For years, Colorado norities out of 17 members on its board of di- Americans to value the arts. As she celebrates Ski Country USA has been the unified voice of rectors, Union Bank has quadrupled the num- her ninetieth birthday in the company of this important industry. And when this already ber of women and doubled the number of mi- friends, I am delighted to offer my heartfelt highly regarded organization hired John Frew, norities since 1996. These efforts by Union thanks and sincere admiration. that voice only got stronger. Bank represent a unique commitment in cor- f Colorado Ski Country USA brought John in porate America that it makes both good busi- to strengthen the operation, increasing its visi- ness sense and good moral sense to strive for IN HONOR OF THE 140TH ANNIVER- bility and stepping up its role in the public pol- including all in employment opportunities. SARY OF HOLY NAME PARISH icy arena. As someone in that arena, Mr. Takahiro Moriguchi, President and CEO of Speaker, I can say without hesitation to John: Union Bank of California, expressed the HON. DENNIS J. KUCINICH mission accomplished. Under John's leader- Bank's enlightened view: ``By searching for tal- OF OHIO ship, Colorado Ski Country USA has thrived ent from among the disabled, both genders, IN THE HOUSE OF REPRESENTATIVES and for that the entire State of Colorado is veterans, all ethnic groups and all nationali- Wednesday, September 13, 2000 grateful. ties, we gain access to a pool of ideas, energy It is with this that I say congratulations to Mr. KUCINICH. Mr. Speaker, I rise today in and creativity as wide and varied as the John on his successful stint with Ski Country honor of the 140th Anniversary of Holy Name human race itself. I expect diversity will be- USA and wish him all the best as he returns Parish and its continued commitment to the come even more important as the world to Brownstein, Hyatt & Farber P.C.A. well-being of the community. gradually becomes a truly global market- Its establishment, on September 23, 1859, John, your community, state and nation are place.'' This type of leadership and this kind of marked the beginning of a community in which thankful for your service. vision have earned Union Bank the top posi- tens of thousands were baptized and guided f tion in Fortune Magazine's listing of ``The 50 by the teachings of the Catholic Church. Best Companies for Asians, Blacks, and His- UNION BANK OF CALIFORNIA REC- panics.'' Throughout years of service it has truly rep- OGNIZED BY SECRETARY OF resented a beacon of hope for the Harvard Union Bank is clearly a trend setter, and I LABOR FOR EQUAL EMPLOY- hope it can serve as inspiration and motivation Broadway area. It has earned commendation MENT OPPORTUNITY EFFORTS of the highest order through its success in to the rest of corporate America to realize how weaving the values of religion into the fabric of aggressively promoting equal employment op- community life. HON. TOM LANTOS portunity programs is in the best interests of Holy Name's history has been one of re- OF CALIFORNIA both corporate and non-corporate America. markable service. From its humble beginnings IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Union Bank has always been serving the Irish immigrants who met at Pat- Wednesday, September 13, 2000 focused on the betterment of society, whether rick Potts' farmhouse for Sunday services, it it be the development of the infrastructure and Mr. LANTOS. Mr. Speaker, I rise today to trade in the west or the development of equal has maintained a long and noble tradition of pay tribute to the Union Bank of California on active participation in community life. Holy opportunity programs that help unleash the tal- receiving the Secretary of Labor's Opportunity ent of a workforce previously held back by dis- Name Parish has made a vital contribution to 2000 Award. This award is presented annually local education. It has provided tens of thou- crimination. Union Bank should be com- by the U.S. Labor department's Office of Fed- mended for this dedication to social progress, sands of children with an exceptional edu- eral Contract Compliance Programs to Federal cation grounded in the values of faith, tradition and I congratulate the bank and its officers contractors and public interest groups with ex- upon receiving Secretary of Labor Herman's and spirit. Holy Name established the first co- ceptional equal employment opportunity pro- educational parochial school in Cleveland. The Opportunities 2000 Award. grams. The Union Bank of California has been f institution was early to recognize the true selected for its programs for hiring and pro- value of education for all, irrespective gender. moting women, minorities and those with dis- HONORING THE SERVICE AND SAC- Its role in providing for the needy represents abilities. RIFICE OF THE UNITED STATES a true and honorable expression of human Mr. Speaker, I am delighted that Labor Sec- MERCHANT MARINE values. For the people of the Harvard and retary Alexis M. Herman has recognized Union Broadway area, it has become a place in Bank of California for its efforts. I join her in HON. CHARLES W. STENHOLM which their hopes and dreams may thrive and commending Union Bank on this long history prosper. Clearly the great significance of such OF TEXAS of service, and I congratulate the Bank and its IN THE HOUSE OF REPRESENTATIVES services must be duly honored. officers on receiving the Opportunity 2000 With such a formidable history Holy Name's award for outstanding leadership in its equal Wednesday, September 13, 2000 significant role in community life will continue opportunity programs. Mr. STENHOLM. Mr. Speaker, I rise today to be as healthy and vibrant as ever in the Mr. Speaker, since its founding in San Fran- to recognize a group of men and women who, new Millennium. My fellow colleagues, please cisco on July 5, 1864, Union Bank has made throughout the history of this great nation, stand with me in honoring the outstanding it its business to be more than just a success- have served valiantly during times of wars and work of Holy Name Parish. ful bank; it has sought to be an integral con- peace. The U.S. Merchant Marine fleet and f tributor in advancing our common interests. the people who crew it, are a critical compo- HONORING JOHN FREW This sense of community service took its ear- nent of the economic strength and national se- liest form in developing the infrastructure and curity of America. From the earliest days of HON. SCOTT McINNIS trade of the West coast in the late 19th cen- the Revolutionary War, when Merchant ships tury. Union Bank helped fund the completion carried goods to Colonial outposts, through re- OF COLORADO of the coast-to-coast railroad; it invested in cent operations in Yugoslavia, merchant sail- IN THE HOUSE OF REPRESENTATIVES early exploration of Alaska leading to its pur- ors have sailed into harms way to provide Wednesday, September 13, 2000 chase by the U.S.; it financed the building of support to the Armed Forces by carrying the Mr. MCINNIS. Mr. Speaker, I would like to California's first large-scale Central Valley irri- equipment, supplies, and personnel necessary take this moment to honor the considerable ef- gation project; and it negotiated trade between to maintain war efforts. Numerous members of forts of my friend, John Frew, during his ac- the United States and Japan. These achieve- the United States Merchant Marine have made complished tenure at Colorado Ski Country ments demonstrate that the Union Bank of the ultimate sacrifice to help secure peace and USA, the distinguished association that rep- California has, from the beginning, had its pri- freedom. During World War II the Merchant resents Colorado's ski industry. Recently, orities rooted the welfare of the public. Marine had the greatest percentage of lives John announced that he was stepping down And, it is clear from its receiving the Oppor- lost of any military service, with the exception as its President and CEO. As John moves on, tunity 2000 award, that those priorities have of the Marine Corps. Included in that loss I would like to take this opportunity to thank not changed. Today, Mr. Speaker, Union were 142 cadet-midshipmen from the United and pay tribute to him for his dedicated serv- Bank's commitment to a better future is found- States Merchant Marine Academy. ice. ed in its belief in the value of a diverse work- There are Merchant Mariners and Merchant You don't have to know much about the force. This has literally shaped the entire na- Marine Veterans all across this great nation, great State of Colorado to know that skiing is ture of the company, from its board of direc- even in the land-locked 17th District of Texas,

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.017 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1469 and those of us who live there are safer be- posal would help ensure all dialysis providers garian Jews during the Second World War. I cause of their service and dedication. The receive reimbursement that is in line with in- would like to invite my colleagues to join me Merchant Marine's role in the defense of this creasing patient load and quality requirements. in recognizing Anger's lifetime accomplish- nation is under-recognized. Few people realize This is particularly important for our nation's ments, including his association with Raoul that in Operation Desert Storm, over 95 per- smaller, rural dialysis providers that on aver- Wallenberg during 1944, as an example of the cent of the equipment, goods, and ammunition age receive Medicare payments that do not good that human beings can accomplish, even used were carried to the theater by the Amer- adequately reflect costs. when faced with incomprehensible darkness. ican Merchant Marine. This resolution serves As Congress considers further improve- Per Anger received his first diplomatic Âas- as a means to honor their service, and I join ments to the Medicare program, I urge my col- signment at the age of 27 as an attache to my colleagues in applauding Rep. leagues to support this important effort to en- Berlin in the early stages of the Second World KUYKENDALL's work to bring this matter before sure patients with kidney failure continue to War. During that year (1941) he worked for this Body today. I also would like to take this have access to quality dialysis services. I the Foreign Department's trade section deal- time to pay tribute to Representative BATEMAN, thank my colleagues for working together on ing with relations between Sweden and Hun- who was one of the biggest supporters of the this bipartisan and bicameral proposal. gary. It was this position which eventually led American Merchant Marine. His passing is a f him, in November of 1942, to join the Swedish great loss to this Body and this Nation. legation in Budapest. In March of 1942 he be- At a time the people of the United States WELCOME C.J. CHEN came second secretary in the Swedish lega- are benefitting more than ever before from the tion in Hungary. sacrifices made by so many to secure peace HON. SOLOMON P. ORTIZ Mr. Speaker, for two years prior to the Nazi and prosperity, it is highly appropriate to rec- OF TEXAS occupation of Budapest, Anger reported that ognize the service of the men and women of IN THE HOUSE OF REPRESENTATIVES conditions in Budapest were relatively stable and calm. But with the arrival of the German the United States Merchant Marine. I urge Wednesday, September 13, 2000 your support of this resolution. military in March 1944 and the subsequent de- f Mr. ORTIZ. Mr. Speaker, on behalf of my portation of Hungary's Jewish population, he friends on Capitol Hill, I would like to extend entered the defining year of his life and career INTRODUCTION OF THE MEDICARE a warm welcome to the Republic of China's as a diplomat. When the Nazis initiated depor- RENAL DIALYSIS PAYMENT Representative in the United States, Mr. C.J. tations, Anger assumed an early role in devis- FAIRNESS ACT OF 2000 Chen. He is now serving a Taiwan's top dip- ing schemes to protect Jews. While the later lomat in the United States and his office is in schutzpasse was Wallenberg's innovation, HON. DAVE CAMP Washington, D.C. Anger originally conceived the idea of issuing OF MICHIGAN Representative C.J. Chen is uniquely quali- special certificates to Hungarian Jews who IN THE HOUSE OF REPRESENTATIVES fied for this top diplomatic post. Representa- had applied for Swedish citizenship. Before tive Chen has spent his entire career in the Wallenberg arrived, the Swedish legation had Wednesday, September 13, 2000 Republic of China's government service. After issued 700 certificates and provisional pass- Mr. CAMP. Mr. Speaker, today I am pleased receiving his education in Taiwan and Europe, ports which had no legal validity, but served to be joined by Representative KAREN THUR- Representative Chen joined the ROC's foreign their purpose in preventing the shipment of in- MAN and Senators FRIST and CONRAD in intro- service and served in many capacities over dividuals to Auschwitz. ducing the Medicare Renal Dialysis Payment the last 2 decades. With Wallenberg's arrival on July 9, 1944, Fairness Act of 2000 and 15 other original Most notably, he was the ROC's Deputy Per Anger began a partnership that would de- consponsors. This legislation takes important Representative in Washington (1982-1989); liver tens of thousands of Jews from deporta- steps to help sustain and improve the quality Administrative Vice Minister of Foreign Affairs tion and almost certain destruction in Nazi of care for the more than 280,000 Americans (89±93); a Senator in the ROC Parliament death camps. While Wallenberg's tragic end living with end-stage renal disease (ESRD). (93±96); Political Vice Minister of Foreign Af- has made him the more recognizable rescuer, In 1972, Congress ensured that elderly and fairs (96±98); and Foreign Minister (99±00). Anger made a substantial contribution in his disabled individuals with kidney failure receive Representative Chen's appointment to quiet but efficient manner. Per Anger was fre- appropriate dialysis care. At that time, Medi- Washington is timely. We are fortunate to quently Wallenberg's partner in missions of care coverage was extended to include dialy- have someone like Representative C.J. Chen mercy to the columns of Jews forced to march sis treatments for individuals with ESRD. to brief us on the latest developments in his out of Hungary after Allied bombing had made Over the last three decades, dialysis facili- country and the latest issues affecting both the railways unusable. Where the Jews ties have provided services to increasing num- our countries. marched and died, Wallenberg and Anger dis- bers of kidney failure patients under increas- Representative Chen is a hardworking dip- tributed food, administered comfort, and often ingly strict quality standards; however, during lomat. Even during the summer recess, he managed to return with some of the suffering this same time frame reimbursement for kid- has met with a number of us and briefed people to Budapest. ney services has not kept pace with the in- members about President Chen's recent trip to Mr. Speaker, Per Anger's life and legacy are creasing demands of providing dialysis care. countries in Central America and Africa as permanently linked with Wallenberg, not only While these efforts were a step in the right well as the need for the ROC to be recognized because their shared efforts in Budapest dur- direction, a recent Medicare Payment Advisory as a team player in international affairs. Tai- ing the Second World War, but also because Commission (MedPAC) report suggests that wan's financial strength, democratization, and of Anger's lifelong compassionate quest to dis- we must take further action to sustain patients' record on human rights are accomplishments cover the fate of his partner, who disappeared access to dialysis services. In particular, worth universal recognition and praise. mysteriously behind Soviet lines in January of MedPAC recommends a 1.2 percent payment I look forward to working with Representa- 1945. Throughout the second half of the twen- adjustment for Medicare-covered dialysis serv- tive C.J. Chen and his staff. tieth century Anger labored to disseminate in- ices in the next fiscal year. In addition, f formation about Wallenberg and to bring his MedPAC recommends that the Health Care plight to the attention of world leaders. In 1989 Financing Administration provide an annual re- TRIBUTE TO AMBASSADOR PER he urged Helmut Kohl to take the issue di- view of the dialysis payment rateÐa review ANGER ON HIS RECEIVING HON- rectly to Mikhail Gorbachev, and listened in to that most other Medicare-covered services re- ORARY ISRAELI CITIZENSHIP a telephone call as Kohl pleaded with Russian ceive each year. leader to ``let that old man go.'' Gorbachev, I believe these recommendations represent HON. TOM LANTOS according to Anger, had no response. critical adjustments that must be addressed OF CALIFORNIA Mr. Speaker, it is most appropriate and fit- this year. For this reason, I have worked with IN THE HOUSE OF REPRESENTATIVES ting that the state of Israel has granted Per Representative THURMAN, Senator FRIST, and Anger the high recognition of making him an Wednesday, September 13, 2000 Senator CONRAD to develop the Medicare honorary citizen. He has spent most of his life Renal Dialysis Payment Fairness Act of 2000. Mr. LANTOS. Mr. Speaker, on the 18th of in the service of others, including that turbu- This legislation would provide the payment September, Israel will award honorary citizen- lent year in Budapest collaborating with Raoul rate improvements recommended by MedPAC ship to Ambassador Per Anger, the distin- Wallenberg in saving innocent lives. I invite and would establish an annual payment re- guished Swedish diplomat who worked so my colleagues to join me in paying tribute to view process for dialysis services. This pro- closely with Raoul Wallenberg to rescue Hun- this distinguished Swedish diplomat for his

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.019 pfrm04 PsN: E13PT1 E1470 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 courage, humanitarian dedication, and good Girl Scouts since the inception of the program HONORING THE 300TH ANNIVER- works. in 1980. To receive this award, a Girl Scout SARIES OF ST. DAVID’S CHURCH f must earn four interest project patches, the AND ST. PETER’S CHURCH IN THE GREAT VALLEY IN HONOR OF FATHER JOSEPH A. Career Exploration Pin, the Senior Girl Scout ROMANSKY Leadership Award, and the Senior Girl Scout Challenge, and also design and carry out a HON. CURT WELDON HON. DENNIS J. KUCINICH Girl Scout Award project. A plan for fulfilling OF PENNSYLVANIA these requirements is created by the Senior IN THE HOUSE OF REPRESENTATIVES OF OHIO Girl Scout and is carried out through close co- Wednesday, September 13, 2000 IN THE HOUSE OF REPRESENTATIVES operation between the girl, her troop leader, Mr. WELDON of Pennsylvania. Mr. Speaker, Wednesday, September 13, 2000 and an adult Girl Scout volunteer mentor. I rise to congratulate the parishioners of St. Mr. KUCINICH. Mr. Speaker, I rise today to Laura and Erin's Gold Award project was David's Church, Wayne and St. Peter's honor Father Joseph A. Romansky who is ``Communities Helping Communities.'' They Church in the Great Valley, near Paoli, Penn- celebrating his 25th anniversary as a priest of sylvania for celebrating their 300th anniver- are members of Girl Scout Troop 299 in the Cleveland Catholic Diocese. Father saries. This historic milestone was reached on Champaign, Illinois. The idea for their project Romansky is a native of the Cleveland area. September 2, 2000. His first of many admirable assignments was came when they participated in a school spon- It is often said of Pennsylvania that ``Amer- at St. Catherine's Parish on East 93rd Street. sored city clean-up project. They recognized ica starts here.'' This is particularly true for the Following his dedicated service to St. Cath- the need to help elderly neighbors with yard greater Philadelphia region, where so many of erine's, Father Romansky worked at the dioce- work and beautification of their property. To- our Founders came together to deliberate, san offices in downtown Cleveland while also gether they organized and coordinated volun- where the Declaration of Independence was assisting at St. Francis in the East 71st Street teer workers, obtained donations of plant ma- signed, and in whose fields and valleys so and Superior area. From there, Father terials and supplies and provided gardening many cruel and bitter battles were fought dur- Romansky became pastor of Holy Family services for eight elderly families and three ing our Revolution. During this time of remem- Catholic Church on East 131st Street, and churches. Upon completing this project, they brance it is fitting to recall the people who set- later he was chaplain at the Light of Hearts evaluated the results. Laura felt that one of tled Chester County, lived in its towns, edu- Villa. Father Romansky has spent the last sev- the benefits of this project was the families cated its young, built its businesses, reached eral years spreading hope and peace as chap- out to its needy, fought its wars and ultimately were able to provide input into the selection of lain at St. Augustine Manor. returned to its soil. A prominent role in the de- Over the course of the last 25 years, Father flowers and how their flowerbeds were de- velopment of Chester County was played by Romansky has fully devoted his life to serving signed. Erin said she gained self-satisfaction St. David's Church in Wayne and St. Peter's his parish and the people of Cleveland. More from providing such a tangible improvement to Church in the Valley. importantly, he is committed to the well-being homes. Benefits of the project were the expe- As we reflect 300 years later on this rich and happiness of all people regardless of rience of intergenerational and multi-racial history, it is my honor and privilege to con- race, creed, gender, or class. Father neighbors working together. gratulate the two current rectors, The Rev. Romansky is a kind and generous man who Jennifer Iversen's Gold Award project in- John G. Tampa of St. Peter's and The Rev. W. Frank Allen of St. David's, who have the makes all those he comes in contact with feel volved obtaining computers for the residents special and loved. honor to serve their parishioners during this of Manor Care Health Services. She is also a Mr. Speaker, I ask all members of the momentous time of celebration. Continuing a House of Representatives to recognize the member of Girl Scout Troop 299 in Cham- walk in faith begun over three centuries ago, achievements of Father Joseph A. Romansky paign, Illinois. Jennifer and a friend taught they provide the leadership and vision that as he celebrates his 25 years of service to the residents basic computer skills and how to ac- have made St. David's Church and St. Peter's Cleveland Catholic Diocese. I ask my col- cess the Internet. These new skills provided Church in the Great Valley a cornerstone of leagues to join me in thanking him for his residents the ability to use e-mail to cor- spiritual leadership as well as a source of in- charity and dedication to his faith, his parish, respond with family friends. Jennifer applied spirational outreach and service. These and the entire city of Cleveland. for and received a grant for continuation of churches remain to this day vibrant members f this project next year with volunteer assistance of their community providing food, education, from the social advocacy class at University health care, shelter, training and countless TRIBUTE TO GIRL SCOUT GOLD Laboratory High School. other services to people in need. AWARD RECIPIENTS The two parishes were established in 1700 Christina Barnes's Gold Award project titled as missions of the historic Christ Church, HON. THOMAS W. EWING ``Assistant Softball Coach'' provided her the Philadelphia, serving what was then the fron- OF ILLINOIS opportunity to share her talents and love of tier regions of Chester County, Pennsylvania. IN THE HOUSE OF REPRESENTATIVES softball with young women aged 13Ð15. Christ Church is familiar to students of our his- Christina is a member of Girl Scout Troop 400 tory, for it was the site where our Founders Wednesday, September 13, 2000 in Philo, Illinois. She coached and taught this met to discuss and later to proclaim our coun- Mr. EWING. Mr. Speaker, today I would like group fast pitch softball skills through the Park try and its unique form of government. to salute Laura David, Erin Wiggins, Jennifer District. Her project also included developing a From the moment of their founding, St. Da- Iversen, Christina Barnes, and Merideth Fist Aid kit for the team and emphasizing nu- vid's Church and St. Peter's Church in the Holmes. They are outstanding young women trition in her instruction. Great Valley have played a prominent role in who were honored with the Girl Scout Gold the history of Pennsylvania, and indeed of the Award by Green Meadows Council in Urbana, Merideth Holmes is an Independent Girl nation. The first services were held in small Illinois. Laura, Erin, Jennifer, Christina, and Scout from Monticello, Illinois, and her project, log cabins, were tended by a circuit-riding cler- Merideth were honored on May 8, 2000 for ``Christian Cuddliess'' involved working with gyman and drew only a handful of Welsh pio- earning the. highest achievement that a young members of a Junior Girl Scout troop to make neers. Today, the combined congregations of woman aged 14-17 or in grades 9-12 can earn teddy bears for children admitted to the emer- St. Peter's and St. David's exceed 3,000 pa- in Girl Scouting. The Girl Scout Gold Award gency room go Ganta Memorial Hospital in rishioners, and they continue to grow. symbolizes outstanding accomplishments and Ganta, Liberia. Merideth enjoyed involving the It is interesting to note that it was from St. has five requirements, each of which helps Junior Girl Scouts in her project and being David's Church that General Anthony Wayne, girls develop skills in the areas of leadership, able to make an emergency room more com- whom some regard as the real founder of the career exploration, self-discovery, and service. forting and less threatening for children. American Army, went off to fight with General The fifth requirement is a Gold Award Project Washington. It was to St. David's Church that that requires a minimum of 50 hours of partici- I believe that Laura David, Erin Wiggins, his body was returned years later. Not surpris- pation. Jennifer Iversen, Christina Barnes, and ingly, St. David's and its graveyard have been Girl Scouts of the U. S. A., an organization Merideth Holmes should receive public rec- designated as National Historic Landmarks. serving over 2.5 million girls, has awarded ognition for their significant service to their St. Peter's Church in the Great Valley, an- more than 20,000 Girl Scout Awards to Senior communities and country. other National Historic Landmark, served as a

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.009 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1471 field hospital for soldiers wounded in the Bran- cases or other means. We must protect Amer- Consider the tenets of Scout Law: Trust- dywine campaign of 1777 and later at Valley ican manufacturing jobs from unfair import worthy, Loyal, Helpful, Friendly, Courteous, Forge. Its graveyard contains the remains of surges that injure American industry. The Kind, Obedient, Cheerful, Thrifty, Brave, both American and British soldiers killed dur- United States must maintain strong anti- Clean, and Reverent. Consider the Scout ing the Revolution. Its beautiful grounds, a dumping laws and ensure that they provide ef- Oath: ``On my honor I will do my best to do wildlife conservatory, were selected by Gov- fective relief to small U.S. businesses before my duty to God and my country and to obey ernor Tom Ridge as the site for the signing of they are driven out of business by unfair trade. the Scout Law; to help other people at all Pennsylvania's innovative conservation meas- f times; to keep myself physically strong, men- ure, the ``Grow Greener'' bill. tally awake, and morally straight.'' Shame on Mr. Speaker, St. David's Church and St. Pe- PERSONAL EXPLANATION the Democrat party, Bill Clinton, and AL GORE ter's Church in the Great Valley have much to for viciously attempting to destroy the Boy celebrate together as they mark their 300th HON. XAVIER BECERRA Scouts of America. It is unconscionable that anniversary. I congratulate everyone associ- OF CALIFORNIA millions of young Boy Scouts have been ated with these worship communities and wish IN THE HOUSE OF REPRESENTATIVES forced to endure this vicious attack. It is an in- them continued growth, happiness and suc- Wednesday, September 13, 2000 sult that any member of Congress has sub- cess as they recall their journey: the road, the jected these young people to such hostility. people, the vision and the faith, which brought Mr. BECERRA. Mr. Speaker, on September While I have never witnessed such a vitriolic them to this milestone. 12, 2000, 1 was detained with business in my attack upon young Americans, I am honored f District, and therefore unable to cast my votes to go on record with America and the Mem- on rollcall numbers 460 through 464. Had I bers of this House who have raced to defend SURGE OF CHINESE IMPORTS been present for the votes, I would have voted the Boy Scouts from this injustice. My son, THREATENS VALUABLE MANU- ``aye'' on rollcall votes 460, 461, 462, 463, and Justin, has been involved in Scouting for many FACTURING JOBS IN WEST VIR- 464. years now. I can see the developmental bene- GINIA f fits he has reaped from his experience with SCOUTING FOR ALL ACT the Boy Scouts of America. I do not know how HON. NICK J. RAHALL II I would ever explain to him that he could not OF WEST VIRGINIA SPEECH OF be a Scout anymore, should Democrats win IN THE HOUSE OF REPRESENTATIVES HON. BOB SCHAFFER today's contest on the House floor. My col- Wednesday, September 13, 2000 leagues, we must prevail on behalf of the Boy OF COLORADO Scouts, by crushing this awful bill which the Mr. RAHALL. Mr. Speaker, I wish to express IN THE HOUSE OF REPRESENTATIVES Democrats have proposed and by sending a my concern about a small manufacturer in my Tuesday, September 12, 2000 clear message to the country: The Boy Scouts district that is battling a tidal wave of low- of America are deeply appreciated, celebrated, priced Chinese imports and to underscore the Mr. SCHAFFER. Mr. Speaker, the House embraced and protected for the good work importance of strong trade laws. now debates a bill Democrats have crafted to they do to raise young boys to be future lead- Portec Rail Products, Inc. is a small busi- revoke the charter of the Boy Scouts of Amer- ers of a caliber much higher than the pro- ness with manufacturing operations in Hun- ica. It is hard to believe the Democrats in Con- ponents of this bill which we must quickly, and tington, West Virginia. Portec makes steel rail gress have actually proposed this measure. It resoundingly defeat. joints which hold rail sections together and en- is also hard to believe a private institution, sure smooth passage for commercial and pas- which has taught over 100 million boys in f senger trains alike. Portec's West Virginia America core values and has donated hun- manufacturing facility represents the core of dreds of millions of community service hours, HONORING RAYMOND C. BURTON the kind of small, hard working American com- would be the target of this vicious attack by FOR A DISTINGUISHED CAREER pany that we all like to see succeed. Portec the party of Bill Clinton and AL GORE. provides solid, semiskilled manufacturing jobs On June 28 of this year, the Supreme Court HON. WILLIAM O. LIPINSKI for many hard-working West Virginians. Addi- affirmed the Constitutionally protected right of OF ILLINOIS tionally, Portec purchases steel bars from a the Boy Scouts of America to set its own IN THE HOUSE OF REPRESENTATIVES West Virginia steel producer, further enriching standards for membership and leadership. Wednesday, September 13, 2000 the economy of the state. Since the decision, Democrats have launched During the last three years, U.S. imports of a vicious attack on the Boy Scouts seeking Mr. LIPINSKI. Mr. Speaker, today I honor low-priced steel rail joints from China have in- the financial destruction of the Boy Scouts by Mr. Raymond C. Burton, who will retire at the creased exponentially. According to official urging businesses and civic organizations to end of this year, bringing closure to a distin- U.S. Department of Commerce statistics, im- revoke their sponsorship of the Boy Scouts. In guished career in railroading that has spanned ports of Chinese rail joints increased from fact, when the Boy Scouts were derided at the three decades. 78,000 pounds in 1997 to 355,878 in 1999, a Democrat National Convention this summer, When Ray Burton went to work for the old 356 percent increase. There has been no let- AL GORE did nothing. He didn't object. AL Sante Fe Railway in 1963, he could not have upÐduring the first quarter of 2000, Chinese GORE lost on two counts. The Supreme Court foreseen the profound changes coming to the imports were at a record pace of 175,000 decision echoed the voice of mainstream railroad industry. Particularly since 1982, when poundsÐa figure which, if annualized, would America, and business and civic organizations he was elected president and Chief Executive arnount to a 788 percent increase since 1997. remain committed to sponsoring the Boy Officer of TTX Company, Ray Burton has Chinese imports are also underselling U.S. Scouts. So here we are debating another pa- been on the cutting edge of those changes. prices, resulting in lost sales and depressed thetic Democrat attempt to force the hateful Under Ray Burton's leadership, TTX has led prices for the U.S. industry. When Portec will of their party's agenda upon mainstream the way in innovation, design and deployment loses a sale to what might very well be America. of the equipment needed to construct today's dumped imports from China, it loses the prof- One of the great ironies of the Democrat's modem, intermodal transport network. It was its and R&D dollars necessary to develop new bill to revoke the Federal Charter of the Boy this leadership that twice earned him the Rail- products and services for its customers. This Scouts of America is their claim of being way Age ``Railroader of the Year'' awardÐ threat is not Just looming in the futureÐit is ``dedicated to giving working families the tools making him one of just three individuals to be happening today and already has impacted they need to take care of their children'' and so honored. Portec. In fact, Portec recently lost a contract their claim they have ``worked to make chil- This past July, Ray Burton was elevated to to supply steel rail joints to our very own dren our nation's top priority.'' Have the Boy the post of Chairman and CEO of TTX, a fit- METRO in Washington, D.C. because the Chi- Scouts of America not been fulfilling the ting reward for a man who led his companyÐ nese bid was lower. So, the threat to this Democrats' goals and more? Have the 100 and his industryÐinto the 21st Century well small, West Virginia company is very clear. million Boy Scouts, from diverse backgrounds equipped to meet the challenges ahead. Ray I can assure you that Portec does not intend far and wide, not been trained during their will be missed when he retires at the end of to leave the challenge unanswered, and in Scouting experience to embrace civic respon- this year, but the seeds he planted will con- fact, I will do my best to help them combat the sibility and ``help other people at all times'' as tinue to bear fruit for many more years to harmful import surge from China through trade the Scout Oath states? come.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.024 pfrm04 PsN: E13PT1 E1472 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 HONORING THE DISTINGUISHED to share his vast knowledge and under- with their argument and ruled accordingly. The PRESIDENCY OF DR. JAMES standing of medicine with his colleagues, he ruling required that the U.S. withdraw the FSC WALKER penned many articles for publication in optom- provisions by Oct 1, 2000, or face sanctions. etry journals. These events bring us to the floor today. HON. BART GORDON However, he didn't limit his sense of duty to The measure before us today exempts from OF TENNESSEE the medical field. His community involvement federal taxes most income earned abroad and IN THE HOUSE OF REPRESENTATIVES stands as a model to the notion that all of us repeals portions of current law (PL 98±369) have a responsibility to reach beyond our- that created foreign sales corporations (FSCs). Wednesday, September 13, 2000 selves. A prominent figure in local politics, Under the measure as long as 50% of a man- Mr. GORDON. Mr. Speaker, today I con- Timm served as a city commissioner and two- ufactures goods were produced in the United gratulate Dr. James Walker for his accom- term mayor of Essexville. The Essexville- States, the manufacturer could receive the plishments during his tenure as Middle Ten- Hampton Knights of Columbus, Elks Club, same tax benefit on foreign sales. nessee State University's president. Essexville-Hampton Jaycees, Lions Club of This bill satisfies the concerns of the WTO Some of Dr. Walker's accomplishments are Essexville, the Bay Area Chamber of Com- and will prevent the implementation of tariffs easily seen, like the new buildings on cam- merce and the Bay Area Family Y all were on potentially billions of dollars of goods made pusÐthe business aerospace building, nursing graced by his leadership and enthusiastic sup- in the U.S. and exported abroad. building, student recreation center, state-of- port. I have opposed important trade legislation in the-art library, student apartment complex and My friend had a zest for living. He loved Congress because I have been particularly Greek Row. All were desperately needed sailing, flying airplanes and rooting for the concerned about the effects it would have on bricks-and-mortar projects for a growing cam- maize-and-blue of his beloved University of U.S. jobs and our economy. My review of the pus with changing technology needs. As an Michigan sports teams. He simultaneously record concerning the repeal of Foreign Sales alumnus and avid Blue Raider football fan, I found solace and excitement on the Great Corporations and its replacement gives me was particularly thrilled by the recent renova- Lakes, often exhibiting his mastery of naviga- confidence that this measure will be good for tion of the Johnny ``Red'' Floyd Stadium. The tion as he skippered his sailboat on leisurely American workers, farmers and businesses. renovation helped moved MTSU's football pro- sojourns and competitive races against his fel- This bill has been carefully reviewed by both gram to Division I±A. low sailors. Many times, wind filled his sails in Democrats and Republicans and enjoys the Enrollment at MTSU has increased nearly the Port Huron to Mackinac Yacht Race. He approval of the United States Treasury. I par- 32 percent from 15,673 students in 1991 to a was a board member of the Saginaw Bay ticularly applaud the bipartisan work of my col- projected 20,663 students this fall. Under Dr. Yacht Club and the Saginaw Bay Yacht Rac- leagues on the Ways and Means Committee Walker's leadership, MTSU has attracted more ing Association. in resolving this matter, and I urge my col- high-quality students. During the past 10 He took to the skies as well, earning a pri- leagues to support the bill. years, MTSU student ACT scores have sur- vate pilot's license for airborne adventures that f passed state and national averages. Just last seemed to heighten his appetite for hands-on WE NEED COMMONSENSE GUN year, MTSU was given the go-ahead to estab- knowledge. SAFETY LEGISLATION NOW lish Tennessee's first Honors College. My dear friend now soars beyond the During his tenth year as MTSU President, clouds, leaving in his wake legions of friends Dr. Walker is leaving to become president of and family whose lives he touched with a HON. CAROLYN McCARTHY Southern Illinois University, where, at the age strong hand and tender heart. We will miss OF NEW YORK of 30, he worked as an assistant professor. him. IN THE HOUSE OF REPRESENTATIVES Dr. Walker's administrative colleagues at f Wednesday, September 13, 2000 SlU, MTSU, University of Northern Colorado, Mrs. MCCARTHY of New York. Mr. Speak- California State University, Illinois State Uni- REPEAL AND EXTRATERRITORIAL INCOME EXCLUSION ACT OF 2000 er, I appreciate the opportunity to join the versity, University of Alabama and Western Gentleman from New Jersey, Representative Michigan University can attest to his many ac- SPEECH OF RUSH HOLT. complishments and accolades over the last 30 We know the Congress will soon adjourn years. Dr. Walker, thank you for the many HON. CAROLYN C. KILPATRICK and we have not done anything to approve wonderful things you did for MTSU and the OF MICHIGAN commonsense gun legislation. entire Middle Tennessee community. I and IN THE HOUSE OF REPRESENTATIVES That is why we are calling on Speaker many other Nfiddle Tennesseans will surely Tuesday, September 12, 2000 HASTERT to direct the Juvenile Justice Con- miss your leadership and enthusiasm. Good ferees to meet and complete action on the Ju- Ms. KILPATRICK. Mr. Speaker, I rise today luck at Southern Illinois University. venile Justice Bill. We request other col- in support of H.R. 4986, the Foreign Sales f leagues to join us. Corporation Repeal and Extraterritorial Income Earlier this year, the Million Mom March HONORING THE LATE DR. TIMM C. Act of 2000 because it will help preserve the came to Washington and to more than 60 cit- PATTERSON strong financial standing of our nation's export ies around the country. I addressed this march manufactures and our economy. This debate that united moms, dads, sons and daughters HON. JAMES A. BARCIA cannot be understood without an under- behind a common goal. OF MICHIGAN standing of the origin of the Foreign Sales They urged the Congress to stop its delay IN THE HOUSE OF REPRESENTATIVES Corporation (FSC). The FSC was created by and move forward with gun safety legislation. the Department of Commerce to provide in- Wednesday, September 13, 2000 Now it is time for the Congress to stop stalling centives to increase exports by United States and to enact this gun safety legislation. Mr. BARCIA. Mr. Speaker, I rise today to (U.S.) manufacturers competing against Asian To date, I regret the Congress has accom- mourn the death and celebrate the life of my and European businesses. American industry plished next to nothing to enact commonsense longtime friend, Dr. Timm C. Patterson, who faced stiff competition from state supported gun safety legislation. passed away on Monday, September 11, foreign enterprises. FSC's were given a reduc- Have we closed the gun show loophole that 2000. His three children have lost a wonderful tion in income taxes on net foreign profit real- permits criminals to get guns easily? No! father, his family has lost a loving soul, the ized from exports. An export businesses' Have we required gun manufacturers to in- citizens of Bay City have lost a committed choice to form an FSC allows it to minimize its stall child safety locks on all new guns? No! doctor and dedicated community servant and tax bill on foreign profits between 15% and Have we banned the importation of high-ca- I have lost a good friend. 30%. pacity ammunition clips on assault rifles? No! A lifelong resident of Bay County, Timm In 1998, a trade dispute arose when the Eu- As Members of the Education and Work- graduated from Bay City Central High School ropean Union (EU) filed a claim against the force Committee, both of us are committed to in 1967. He continued his education at Delta United States arguing that FSC's were in vio- reducing classroom size, ensuring after-school College and Eastern Michigan University. He lation of World Trade Organization's (WTO's) programs and increasing student achievement later earned a doctorate with honors from Illi- rules prohibiting government subsidization of test scores. We can accomplish none of these nois College of Optometry in 1973. He re- exports. The EU argued that the FSC amount- things, unless we have safe schools first. turned to his hometown and practiced medi- ed to U.S. government subsidization of export In my home state of New York, I have cine for a quarter of a century. Always willing businesses. The WTO dispute panel agreed worked closely with Gov. George Pataki and

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.028 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1473 our state lawmakers so that we were able to Working Group on Counterterrorism, which Mrs. Barrett is a 17-year teaching veteran, enact strong commonsense gun safety legisla- should enhance the effectiveness of both na- teaching our youngest students to read, write tion this year. tions' efforts to combat terrorism worldwide. and think. She is also a lifelong student, re- I am proud our state now has a law that As the region's only democracy, India will maining current on the latest technology and closes the gun show loophole and requires play a major role in security issues throughout teaching tools and sharing them with her child safety locks on guns. Now we need na- Asia for years to come. I have believed for peers. tional commonsense gun legislation. some time that India should receive a perma- After years of serving as a mentor to her fel- The House Leadership and the gun lobby nent seat on the United Nation's Security low teachers, Mrs. Barrett was assigned to the have maintained their alliance to block the Council and am anxious to hear from the district's Peer Assistance and Review program consideration of this commonsense gun legis- Prime Minister if there were any new develop- last week. In that role, Mrs. Barrett will help lation. ments while he was in New York last week. struggling teachers and coach others who I urge the American people to send a mes- Providing this seat to India will help make the wish to improve their skills. sage to the House leadership to reject the gun world a safer place. There is little doubt her peers will benefit lobby and enact real gun safety legislation be- While I was in India with the President ear- from Mrs. Barrett's insight. Administrators say fore we adjourn for the year. lier this year, I was fortunate to attend the they often have to turn away teachers who Mr. Speaker, the new school year has just signing ceremony in Agra of an historic agree- clamor to attend the numerous teaching work- begun. We need to give parents greater as- ment to promote cooperation in the areas of shops Mrs. Barrett has conducted. Her super- surance that their children will be safe while clean energy and the environment between intendent, Richard Duarte, has been quoted they are attending school. our two countries. This agreement marks a as calling her ``truly a master teacher.'' But the truth is the Congress must do more. major step toward promoting clean energy in The mother of three also is active in her We can close the gun show loophole. We can India and protecting India's and our global en- own children's schools and has been a team require child safety locks. We can ban high- vironment. As part of this agreement, joint mom for her children's soccer teams. The capacity ammunition clips. trade and investment efforts will promote clean Barretts have hosted exchange students from f energy technologies in India. Japan and Spain. India and the U.S. also are conducting joint Mr. Speaker, as America focuses on im- SENSE OF HOUSE REGARDING public-private partnerships in the energy sec- UNITED STATES-INDIA RELATIONS proving education, Mrs. Barrett serves as a tor. In fact, one New Jersey utility, PSEG, is model of what we expect and need from our SPEECH OF on the verge of signing an agreement with the teachers. Teaching is not a job to Mrs. Barrett. Indian government to carry out just such a It's a calling. She works hard, she cares about HON. FRANK PALLONE, JR. partnership. This utility also is exploring cre- her students, and she cares about her profes- OF NEW JERSEY ative methods for improving the electric supply sion. She also cares enough to help her peers IN THE HOUSE OF REPRESENTATIVES and system reliability with partners in reach higher, so their students can too. Tuesday, September 12, 2000 Karnataka. These types of efforts will promote Mr. Speaker, I know my colleagues will join Mr. PALLONE. Mr. Speaker, the year 2000 clean energy technologies and help India me in congratulating Mrs. Barrett on her has been a great year for those of us actively avoid the pollution we experienced with our in- achievement, in thanking her for a job very involved in building and promoting relations dustrial development. India does not need to well done, and in wishing her future successes between the United States and India. This sacrifice its economic growth because its local in the classroom and in her profession. week, I am proud to welcome Indian Prime businesses will conserve energy and improve f Minister Atal Bihari Vajpayee to Washington. their ``bottom lines''. I look forward to working The Prime Minister's visit comes months after with the Prime Minister during this week's visit A TRIBUTE TO SERGEANT ED- President Clinton made a similar visit to India. to further these efforts between India and the WARD LOWRY AND DEPUTY I was fortunate to join the President on that U.S. to conserve resources, improve energy SHERIFF DAVID HATHCOCK historic visit. supply, and protect our environment. While here in Washington, the Prime Min- As the founder and past Chairman of the HON. MIKE McINTYRE Congressional Caucus on India and Indian- ister will focus on economic relations between OF NORTH CAROLINA Americans, as well as the Representative for the two countries, as well as the role of the In- IN THE HOUSE OF REPRESENTATIVES one of the largest Indian-American commu- dian-American community as a bridge be- Wednesday, September 13, 2000 tween the two democracies. nities in the country, I am excited by the de- Since the early 1990's, I have been advo- velopments of the past year between our two Mr. MCINTYRE. Mr. Speaker, today I pay cating for the U.S. to build a long-term and en- countries. It is my hope that Prime Minister tribute to State Highway Patrolman Edward during relationship with India. This relationship Vajpayee's visit will strengthen relations be- Lowry and Deputy Sheriff David Hathcock for makes sense since both countries share com- tween the world's two greatest democracies. their distinguished service and courageous mon democratic traditions. Portions of India's f leadership on behalf of the citizens of Cum- berland County, North Carolina. constitution were modeled after the U.S. con- IN CELEBRATION OF MARTHA These two veteran law enforcement officers stitution, and both countries share the same BARRETT’S DEDICATION TO EDU- gave their lives in the line of duty during a traf- views of freedom of expression, protection of CATION individual rights and a vitality of the political fic stop along interstate 95 on September 23, process. 1997. By risking their lives to protect the lives India and the U.S. have forged close eco- HON. ELTON GALLEGLY of others, they made the ultimate sacrifice that OF CALIFORNIA nomic and commercial links. India represents any citizen of this nation can make. They left IN THE HOUSE OF REPRESENTATIVES enormous opportunities for U.S. firms to make behind not only their loving families, but also new investments and enter new markets. Wednesday, September 13, 2000 a community and a state who will forever be Good relations with India can only increase Mr. GALLEGLY. Mr. Speaker, I rise to cele- grateful for their heroism. the economic ties we currently have. A strong brate Martha Barrett, whose energy and dedi- As lifelong residents of Cumberland County, economy in India is a basis for lifting people cation in her classroom and to her profession both Sergeant Lowry and Deputy Hathcock out of poverty and for creating a strong demo- has earned her the honor as Ventura County's dedicated their entire careers to protecting the cratic base. Teacher of the Year. rights and freedoms of others. Together they The two countries also have become linked Mrs. Barrett brings an entrepreneur's drive had over forty years of experience in law en- as centers of scientific and technological inno- to teaching, totally immersing herself in her forcement and were recognized for their integ- vation. In the fast-changing world of high tech- chosen profession, which isn't surprising when rity and strength in promoting and defending nology, the U.S. and India have already begun one considers that business was her chosen the laws of justice. sharing process of information, of skills and of field when she entered San Diego State Uni- In order to acknowledge and honor Officers people who provide great benefits for con- versity. However, the future educator found joy Lowry and Hathcock for the valiant actions sumers in both countries. India has a highly by teaching a weekend religion class and they displayed on that fateful day and their trained corps of software engineers whose tal- switched to education, earning her master's outstanding service to the communities they ents are being utilized here and in India. degree and teaching credential. fought to protect, I am pleased that the North Both countries, victims of terrorism in the She now teaches students and her peers at Carolina 59 bridge over 1±95 near Hope Mills, past, have teamed up to establish a Joint Oxnard Elementary School District. Cumberland County will be named in their

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.032 pfrm04 PsN: E13PT1 E1474 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 memory. This will serve as a constant re- the design of a Sun that was low on the hori- to teach all children well. For instance, under minder of the gratitude we all feel toward zon, and many of the delegates had wondered these amendments the Individualized Edu- these two brave individuals, along with all whether it was a rising or a setting Sun. `We cation Program (IEP) is developed with the other law enforcement personnel who have know now,' Franklin said. `It is a rising Sun general curriculum in mind, and students with lost their lives serving as guardians of our and the beginning of a great new day.' disabilities are taking district and state-wide communities. The people of the East Mountains are proud assessments in greater numbers. The 1997 President John F. Kennedy once said, ``For of their strong community spirit and devotion amendments also decreased the amount of those to whom much is given, much is re- that have helped build the Edgewood Middle paperwork required of teachers so that now quired. And when at some future date when School. I commend these community mem- they will have more time to spend with stu- history judges us, recording whether in our bers for their dedication to education and for dents. brief span of service we fulfilled our respon- the enrichment of their students, present and I am pleased with the progress that has sibilities to the state, our success or failure, in future. Because of all these things, I see a ris- been made in recent years and it is appro- whatever office we hold, will be measured by ing Sun and the beginning of a bright future priate that on the 25th anniversary of the pas- the answers to four questions: First, were we for the East Mountain community. sage of P.L. 94±142 we recognize the many truly men of courage . . . Second, were we f accomplishments brought about by IDEA. truly men of judgment . . . Third, were we IDEA has continually been refined to better truly men of integrity . . . Finally, were we INTRODUCTION OF THE IDEA 25TH serve students, parents, teachers, and truly men of dedication?'' ANNIVERSARY RESOLUTION schools. To continue these successes, we Deputy Sheriff David Hathcock and Ser- must continue our support for IDEA and the geant Edward Lowry would truthfully have HON. WILLIAM F. GOODLING students it serves. I urge all of my colleagues been able to answer each of these questions OF PENNSYLVANIA to support this resolution. in the affirmative! They were indeed men of IN THE HOUSE OF REPRESENTATIVES f courage, judgment, integrity, and dedication. Wednesday, September 13, 2000 May the memories of these two brave individ- TRIBUTE TO LABOR AND MANAGE- uals live on in our hearts and may God's Mr. GOODLING. Mr. Speaker, today, I am MENT IN WEST VIRGINIA: FOR strength and peace always be with their fami- pleased to introduce a resolution that recog- WORKING TOGETHER IN A COM- lies and friends. nizes and honors the 25th anniversary of the MON CAUSE TO SAVE A HOS- f Individuals with Disabilities Education Act. PITAL Congress first authorized IDEA in 1975 as WELCOMING EDGEWOOD MIDDLE the Education for All Handicapped Children HON. NICK J. RAHALL II SCHOOL Act (P.L. 94±142). Since 1975, Congress has OF WEST VIRGINIA refined and improved the law several times. In IN THE HOUSE OF REPRESENTATIVES 1990 the statute was renamed the Individuals HON. TOM UDALL Wednesday, September 13, 2000 OF NEW MEXICO with Disabilities Education Act. As most every- IN THE HOUSE OF REPRESENTATIVES one knows, this act assists states and local Mr. RAHALL. Mr. Speaker, today I pay trib- school districts with the excess costs of edu- ute to West Virginia's labor and management Wednesday, September 13, 2000 cating students with disabilities. team who have come together to help save a Mr. UDALL of New Mexico. Mr. Speaker, I IDEA has ensured greater access to edu- struggling hospital in Man, West Virginia, would like to bring to your attention the Edge- cation for all students with disabilities. Not only forced to close in June 2000 due in large part wood Middle School located in Edgewood, has access to education improved, so has to Congressional cuts in Medicare reimburse- New Mexico. The school is a brand new insti- quality. Students with disabilities are increas- ments to hospitals. I salute the United Mine tution of secondary learning. The need for the ingly completing their high school education Workers of America (UMWA) and the Arch school is a testament to the growth and inno- and embarking on post-secondary education. Coal Company for setting an example for vation of this area of my state, portions of I believe strongly in the goal of IDEAÐthat labor and management teamwork to save a which I proudly represent. every child should have the opportunity to re- hospital. Edgewood is a lovely community situated ceive a quality education. I know that teachers As we all are deeply aware, the Balanced amid the East Mountains and arid lands of and school administrators also support this Budget Act of 1997Ðor BBA97 in its short New Mexico. Edgewood and its nearby neigh- goal. However, I understand that schools need formÐcaused draconian cuts in Medicare re- borsÐMoriarty, Sandia Park, Tijeras, Cedar additional funds to make this goal a reality. To imbursements to health care providers across Crest, and StanleyÐare committed to the this end, I have been persistent in fighting for this countryÐhospitals, home health agencies, community values that make for a high quality increased funding for IDEA during my years in skilled nursing homes, and physical therapy of life. It is not surprising to me the enthu- Congress. programs. siasm and welcome that the Edgewood Middle From the time the Republicans took control I voted against the BBA97 because I knew School has received. of Congress in 1995, we have seen the most first, you cannot cut providers without cutting Someone once said that a journey of 1,000 dramatic increases in the federal funding for services to seniors, and secondly, you should miles begins with the first step. I must com- IDEA since its creation. Our work has paid off. never vote for projected cuts of $115 billion in mend Moriarity school superintendent, Dr. The federal share of funding for IDEA has Medicare, period. That projected cut of $115 Elna Stowe, for her tireless work and devotion risen from roughly seven percent of the na- billion has today risen to $227 billion, with two in making this school a reality. Additionally, tional average per pupil expenditure to 13 per- more years to go of planned cuts under the first principal of this institution, Sandy cent of the national average per pupil expendi- BBA97. Beery, will shepherd the school as it grows ture. I am proud of our efforts. Congress in passing the BBA97 rhetorically and blossoms. Of course, I realize that we still have a long assured the American people that they were As you know, Mr. Speaker, it takes a team way to go to reach the federal government's ``only'' cutting providersÐnot services to sen- effort to achieve great goals. I fully believe promise to provide funding to states and local iors who rely upon Medicare for all their health that the educators, administrators, and the schools in the amount of 40 percent of the na- care needs. I knew then, and Congress knows surrounding communities will come together to tional average per pupil expenditure. While I now, that services were reduced to seniors, have an exceptional body of learning. Schools will not be in Congress next year to push for and that access to health care was denied to are hallowed places, and I am very enthusi- increased funding, I know there are many hundreds of thousands of patients. astic about the students who will be educated members who will continue this fight. In the interim, these past 3 years have seen here and then move on to higher learning. A Over three years ago, Congress passed the hospitals, skilled nursing homes and home good education is the start of a good future. IDEA Amendments of 1997, which brought health agencies closing their doors in record I close by taking you back to 1787. It was many improvements to the education that chil- numbers, leaving vulnerable elderly patients a time much like today, when this Nation's fu- dren with disabilities receive. These amend- without local access to health care of any ture was at an exciting crosswinds. At the ments focused the law on the education a kind. The safety net that used to be in place close of the Constitutional Convention, Ben- child is to receive rather than upon process is gone. Put bluntly, it is only now that Con- jamin Franklin rose and made an observation and bureaucracy, gave parents greater input gress pretends it has just been made aware about the chair from which General Wash- in determining the best education for their that 2 years of balancing the budget on the ington had been presiding. On the chair was child, and gave teachers the tools they need backs of senior citizens has caused hospitals

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.035 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1475 to bleed nearly to death financially. New esti- MIKE FLOWER AND BRETT MICHAUD Another area of support that we have mates this year show that the bleeding has REGARDING STUDENT NIGHTLIFE—MAY 26, 2000 tapped into is our outside community orga- turned into a hemorrhage. MIKE FLOWER: I am Mike Flower from nization called Neighborhood Connections. This is a team—it is this teamwork and co- In West Virginia, the Appalachian Regional Youth Build, and it is an organization that we do construction and do school every other operation that has made us stronger and Hospital at Man, West Virginia in Logan Coun- helped us to such positive influence in such ty has been closed since June 30, 2000. Cou- week. And basically my subject is how there isn’t a lot of things for youth to do at night- a short time. pled with losses of upwards of $5 million over LAURA DRUMMOND: Otter Valley Union time. And I just think that there should be High School has approximately 770 middle the past several years, most of which can be a club for just youth or something every school and high school students. This type of attributed to the loss of Medicare reimburse- night that they can do instead of drugs. So diverse program reaches everyone, Otter ment to hospitals taken away by the BBA97, that is my thought. Teen Network meetings are held weekly. the hospital could no longer continue to serve BRETT MICHAUD: I basically have the Once a month we try to have planning ses- same idea as him because, I mean, without the citizens of Logan County, and citizens sions where we talk about theme and how to any clubs what do students resort to? They from surrounding counties as well. get it across to the school. Often we do infor- resort to gangs and drugs, and that is not But also In West Virginia, the Arch Coal mal bulletin boards and school art displays. what people want and that is not what peo- Company and the United Mine Workers Union In many of our topics we focus on prevention ple want to see in the youth of Burlington. in school and community or showing how we (UMWA) have chipped in with funding to help They want to see people active in their com- are all connected. reopen the Man ARH hospital, lifting the com- munity, and sometimes the activities are JOEL FELION: We have teen leaders which munity over its fund-raising goal. just not there for the students and they just initiate and head a project. There are team have no other place to resort to. In 1956, the Man Hospital was one in a members who do network on the project and chain of hospitals built by the United Mine get it ready, and there are participants who Workers Health and Retirement funds. These HILLARY KNAPP, SHAWN KEANE, SUE MARTIN, are in school who have not worked on the hospitals were built in southern West Virginia, LAURA DRUMMOND AND JOEL FELION project but received direct benefit and then southwestern Virgnia, and Eastern Kentucky REGARDING OTTER TEEN NETWORK—MAY 26, 2000 there are recipients who are on the out- skirts, they are not picking up anything di- where other health care was not available to HILLARY KNAPP: I would first like to rectly but they still benefit from our pro- coal miners. While the Logan County economy thank you for inviting us and giving us the gram and our influence. has diversified to also include business men, opportunity to tell about some of the things HILLARY KNAPP: We would like to women and their families, it is still an access that we have been doing at Otter Valley present to you this binder showing some of hospital for coal miners, their surviving wives Union High School through our teen network the things that we have done, and we would and children. organization, Otter Teen Network. like to thank you for having us. And the The issue that we would like to present to Losing the hospital would affect the delivery next presentation is about our Power of you is continued support, encouragement Choice Day which was held on May 3rd. of health care to thousands of people, and and funding for organizations such as Otter much of that care goes to those without any Teen Network that give teens an oppor- health insurance, known as uncompensated tunity to be leaders, putting continued em- Chris Bullard, Becki Kenyon, Jenn Bearor, care, and a majority of the users of the hos- phasis on school funding, opportunities for Angel Boise and Hillary Knapp pital are senior citizens on Medicare. As noted grants that support prevention programs and REGARDING POWER OF CHOICE—MAY 26, 2000 above, it was the loss of the Medicare reim- funding for groups such as Green Mountain CHRIS BULLARD: Hi. My name is Chris bursements that became the final blow that Prevention Projects are very important. We Bullard and I am here to go over the concept caused the Man ARH Hospital to close it feel that we as teens are the best support and of the Power of Choice Day. Through attend- the best role models for each other and that doors. ing many conferences with GMPP and GLSP we have more of a direct influence on each we were always greatly influenced on what Today I commend the United Mine Workers other, but those of us who want to become we had saw or what we had done, so we de- of West Virginia, and the officials of Arch Coal leaders need a clean and drug-free school and cided it would be good for the entire school Company, for caring enough about the people even the right tools. In addition to sup- to have something like that. We began brain- served by the Man ARH Hospital to contribute porting prevention, we would also like to en- storming ideas last year. As we began brain- to its reopening and its future service to the courage research in intervention programs storming, the ideas just kept flowing. In people of Logan County and beyond. that support teens in our daily lives. February of this year we finally had enough But more, Mr. Speaker, in these times of fis- SHAWN KEANE: Otter Teen Network is an on paper to present it to our administration. idea that came from two students two years cal hemorrhaging by hospitals in the coalfields It was a go for May 3rd. The Power of Choice ago. Otter Teen Network is student-initi- was named an all day, schoolwide conference of West Virginia and the nation, I pay tribute ated, student-run and student-organized that offering teens at Otter Valley Union High to labor and management coming together to promotes teens working together to create a School an opportunity to learn, interact and help people help themselves, without a single positive school, community and safe school discuss problems and issues that teens face 3 negotiating session at the bargaining table. environment while promoting being drug- today. And now I am going to turn over to In West Virginia, the United Mine Workers free. Otter Teen Network is a great example these two. Union and the Arch Coal Company just of teens being given the opportunity to ex- BECKI KENYON: Hi. I am Becki. Here you stepped up to the plate and got the job done. press their opinions, share ideas and improv- have a Power of Choice flyer or pamphlet ing their school environment and being en- you can use and it would help. Could you f couraged to make a difference. We have the please take it out just to look at it? It opportunity to pull together many resources should be in one of the pockets. VERMONT STUDENT and merge them into the program making it JENN BEAROR: The meaning of this day CONGRESSIONAL TOWN MEETING quite a team effort. Safe and Drug-free was to give awareness to our peers about al- Schools has funded our advisor’s position. It cohol and drugs and peer pressure and to let has been the advisor’s goal to work within them make their own decisions. We have a HON. BERNARD SANDERS the school soliciting support from adminis- group of us called the SOS Players which OF VERMONT tration, faculty and staff. With the creation emphasized on all types of issues that teens of OTN, Otter Valley has created an um- face today. We also had the pleasure to have IN THE HOUSE OF REPRESENTATIVES brella organization to take advantage of a a couple of peers from Mountain View come Wednesday, September 13, 2000 number of outside resources, such as Green as well as many celebrities, like the Mr. SANDERS. Mr. Speaker, I rise today to Mountain Prevention Projects, which are Middlebury Men’s and Women’s Hockey stated in there, GMR projects, leadership Team, and all of this was possible by the recognize the outstanding work done by par- projects and teen institutes. We are very funding of grants from the Governor’s High- ticipants in my Student Congressional Town close to DTLSP. We even have someone on way Safety Program, New Direction, OBCC, Meeting held this summer. These participants the advisory council. We participate in the Refuse to Abuse, and many more. were part of a group of high school students Governor’s Leadership Conference and also BECKI KENYON: In the back of the pro- from around Vermont who testified about the VCAT. Otter Teen Network has also worked gram we had different workshops that our concerns they have as teenagers, and about with the office of Alcohol and Drug Abuse on students went to throughout the day, and what they would like to see the government do presentations. We have also developed them some of those workshops are Addiction and Intervention, Dealing with Tragedy, Health, regarding these concerns. through the goal of working through grant writing and awards to further our projects. Home and Phobia Resolves, Parties, Respect- I submit these statements for the CONGRES- In addition to Safe and Drug-free School ing Yourself, Does Your Body Meet Your SIONAL RECORD as I believe that the views of mini-grants we have also been given an Image, Healthy Habits. And the students these young persons will benefit my col- award. We have also awarded ODAT commu- gave different—well, it had their names on leagues. nity grants. them for drawings throughout the day so we

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A13SE8.038 pfrm04 PsN: E13PT1 E1476 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2000 kind of rewarded them for coming and par- net, and widespread use of technology all indi- PERSONAL EXPLANATION ticipating with us. And then in our school we cate that the economy of the 21st century will have three different lunches which we use to create new challenges for employers and invite different groups and which we go HON. BOB FILNER there. workers. In order to attain that high quality of OF CALIFORNIA We have also been working with several life we all strive for, the generations after us IN THE HOUSE OF REPRESENTATIVES groups throughout the whole process. Some will need to meet higher educational stand- Wednesday, September 13, 2000 of these are Fine Family Resources, ards. Vermont Liquor Control, OBCC, Trapp Coali- Mr. FILNER. Mr. Speaker, yesterday, Tues- But, in the course of attempting to ensure tion, Department of Health, VTLSP, GMPP, day, September 12, 2000, I was testifying be- access to a college education for all who can and all these groups working together helped fore the Federal Electricity Regulatory Com- us to meet the Vermont standards adopted benefit from it, we cannot forget about those mission, which held a hearing in San Diego, by the state for all students in the state. less fortunateÐthe parents and children who, And we would like to turn it over to Angel. CA, regarding our electricity rate crisis. Had I ANGEL BOISE: As Becki Kenyon already for whatever reason, have not yet mastered been able to be present for Rollcalls, I would said, my name is Angel Boise. I would Just the basic yet essential skills of reading and have voted as follows: Rollcall No. 460Ð like to say we have received positive and writing. ``yea'', Rollcall No. 461Ð``yea'', Rollcall No. negative comments about this day. We had H.R. 3222 would improve the quality of 462Ð``yea'', Rollcall No. 463Ð``yea'', Rollcall several students absent that day because No. 464Ð``yea''. they thought they would be ineffective. The services provided under Even Start and other day had turned out to have a big impact on family literacy programs: By providing training f the faculty, students and community mem- and technical assistance to local providers, by bers. The students that missed Power of requiring that instructional programs are based IN RECOGNITION OF STEPFAMILY Choice realized that they had missed out on on scientific research on reading, by funding DAY IN MICHIGAN AND THE IM- a great day. Some of the positive comments PORTANT CONTRIBUTIONS OF research on the teaching of reading to adults were that it was a wonderful day, it had a big THE STEPFAMILY ASSOCIATION in family literacy and other adult education impact and it was unbelievable. Thank you OF AMERICA for all your time. programs, and by establishing qualifications HILLARY KNAPP: It has been a privilege for instructional staff in Even Start programsÐ to be here today. As a small token of our ap- whose salaries are paid almost entirely with HON. DEBBIE STABENOW preciation, we would like to present you Even Start dollars. OF MICHIGAN with our Otter Valley mascot, the otter, and IN THE HOUSE OF REPRESENTATIVES it is from us at Otter Teen Network and In addition, I would also like to take a mo- Otter Valley Union High School. ment to express a few words for my colleague Wednesday, September 13, 2000 f and dear friend BILL GOODLING. Ms. STABENOW. Mr. Speaker, today I rec- The Education and the Workforce Com- ognize Stepfamily Day, which is promoted by LITERACY INVOLVES FAMILIES the Stepfamily Association of America (SAA) TOGETHER ACT mittee was blessed the day BILL was elected to Congress. Drawing on his experiences as a as a day to recognize and celebrate the im- portance of stepfamilies throughout our nation. SPEECH OF coach, a high school principal, and a Super- On the 16th of September, stepfamilies will be intendent of schools, BILL has always ap- coming together in Michigan and many other HON. THOMAS E. PETRI proached the issue of education with the inter- states to commemorate their special bonds. OF WISCONSIN ests of America's children at heart. H.R. 3222 IN THE HOUSE OF REPRESENTATIVES Due to the efforts of Michigan's Christy is a monument and a fitting tribute to a man Borgeld, Stepfamily Day founder and board Tuesday, September 12, 2000 of honor, integrity, courage, and vision. As a member of the SAA, Stepfamily Day picnics Mr. PETRI. Mr. Speaker, I would like to member of the majority and minority, BILL has will be held in Michigan and throughout the thank Chairman GOODLING for allowing me the maintained his loyalty to our children, often in nation. Mr. Speaker, this event is but one ex- opportunity to support this bill. the face of fervid opposition by many who put ample of the strides this organization has We are here today to consider H.R. 3222, their own special interests ahead of the well made in its dedication to the acceptance, sup- the Literacy Involves Families Together Act. being of America's kids. port and success of stepfamily living. As it was This bill ensures that family literacy programs It has been my pleasure and honor to have so aptly put by Christy and the SAA: like Even Start will continue to help many fam- known Mr. BILL GOODLING for 22 years, and I Our nation has been blessed by thousands ilies break the cycle of literacy that often leads will miss himÐas much as he misses his of loving stepparents and stepchildren who to poverty, unemployment, and dependency horses when he's in WashingtonÐwhen he re- are daily reminders of the joys, trials and triumphs of the family experience and of the on federal support programs. tires at the end of this session. This country has come a long way since we boundless love contained in the bond be- were all children. Again, I thank Chairman GOODLING for this tween parents and children. Although this nation has always placed an opportunity to support H.R. 3222, and more It is my pleasure to pay tribute to the SAA emphasis on education, we now live in an age importantly, for his participation and leadership for its commitment and hard work on behalf of when just having a high school education is as a Member of Congress, and as Chairman American families, and to wish families in not enough to prepare our children for the pro- of the House Education and the Workforce Michigan and nationwide a happy and suc- fessional world. Global competition, the inter- Committee. cessful Stepfamily Day.

VerDate 112000 05:42 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.041 pfrm04 PsN: E13PT1 September 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1477 SENATE COMMITTEE MEETINGS Commissioner of the Postal Rate Com- SEPTEMBER 21 Title IV of Senate Resolution 4, mission. 3 p.m. SD–342 Foreign Relations agreed to by the Senate on February 4, 2:30 p.m. 1977, calls for establishment of a sys- African Affairs Subcommittee Energy and Natural Resources To hold hearings on anti-corruption ef- tem for a computerized schedule of all Water and Power Subcommittee forts and african economic develop- meetings and hearings of Senate com- To hold hearings on H.R. 3577, to increase ment. mittees, subcommittees, joint commit- the amount authorized to be appro- SD–419 tees, and committees of conference. priated for the north side pumping di- This title requires all such committees vision of the Minidoka reclamation SEPTEMBER 22 project, Idaho; S. 2906, to authorize the to notify the Office of the Senate Daily Secretary of the Interior to enter into 10 a.m. Digest—designated by the Rules com- contracts with the city of Loveland, Commission on Security and Cooperation mittee—of the time, place, and purpose Colorado, to use Colorado-Big Thomp- in Europe of the meetings, when scheduled, and son Project facilities for the impound- To hold hearings to examine the status any cancellations or changes in the ing, storage, and carriage of nonproject of policing reforms in Northern Ireland as envisioned by the Good Friday meetings as they occur. water for domestic, municipal, indus- trial, and other beneficial purposes; S. Agreement. As an additional procedure along 2172, Rayburn Building with the computerization of this infor- 2942, to extend the deadline for com- mencement of construction of certain mation, the Office of the Senate Daily hydroelectric projects in the State of SEPTEMBER 26 Digest will prepare this information for West Virginia; S. 2951, to authorize the 9:30 a.m. printing in the Extensions of Remarks Commissioner of Reclamation to con- Veterans’ Affairs section of the CONGRESSIONAL RECORD duct a study to investigate opportuni- To hold joint hearings with the House on Monday and Wednesday of each ties to better manage the water re- Committee on Veterans’ Affairs on the week. sources in the Salmon Creek watershed Legislative recommendation of the Meetings scheduled for Thursday, of the upper Columbia River; and S. American Legion. September 14, 2000 may be found in the 3022, to direct the Secretary of the In- 345, Cannon Building terior to convey certain irrigation fa- Daily Digest of today’s RECORD. cilities to the Nampa and Meridian Ir- SEPTEMBER 27 MEETINGS SCHEDULED rigation District. 9:30 a.m. SD–366 Armed Services SEPTEMBER 15 To hold hearings to examine the status SEPTEMBER 20 10 a.m. of U.S. military readiness. 9:30 a.m. Energy and Natural Resources SH–216 Health, Education, Labor, and Pensions Forests and Public Land Management Sub- 2:30 p.m. Business meeting to consider pending committee Foreign Relations calendar business. To hold oversight hearings to examine Business meeting to consider pending SD–430 Federal agency preparedness for the calendar business. Environment and Public Works Summer 2000 wildfires. SD–419 Transportation and Infrastructure Sub- SD–366 committee SEPTEMBER 28 To hold hearings to examine the GAO in- SEPTEMBER 18 9:30 a.m. vestigation of the Everglades and 1:30 p.m. Armed Services water quality issues. To resume hearings on United States pol- Aging SD–406 To hold hearings to examine the under- icy towards Iraq. 2:30 p.m. SH–216 use of hospice care in America. Energy and Natural Resources SD–562 Energy Research, Development, Produc- tion and Regulation Subcommittee POSTPONEMENTS SEPTEMBER 19 To hold hearings on S. 2933, to amend 9:30 a.m. provisions of the Energy Policy Act of Armed Services 1992 relating to remedial action of ura- SEPTEMBER 20 To hold hearings on United States policy nium and thorium processing sites. 9:30 a.m. towards Iraq. SD–366 Small Business SH–216 Foreign Relations To hold hearings on the United States Governmental Affairs To hold hearings to examine issues relat- Forest Service compliance with the To hold hearings on the nomination of ing to Fidel Castro. Regulatory Flexibility Act. George A. Omas, of Mississippi, to be a SD–419 SR–428A

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HIGHLIGHTS House Committees ordered reported 14 sundry measures. Senate Adrian A. Spears Judicial Training Center: Chamber Action Senate passed H.R. 1959, to designate the Federal Routine Proceedings, pages S8439–S8533 building located at 643 East Durango Boulevard in Measures Introduced: Five bills and three resolu- San Antonio, Texas, as the ‘‘Adrian A. Spears Judi- tions were introduced, as follows: S. 3040–3044, S. cial Training Center’’, clearing the measure for the Res. 356–357, and S. Con. Res. 135. Page S8501 President. Page S8527 Measures Reported: Pamela B. Gwin Hall: Senate passed H.R. 1729, S. 3041, making appropriations for the govern- to designate the Federal facility located at 1301 ment of the District of Columbia and other activities Emmet Street in Charlottesville, Virginia, as the chargeable in whole or part against the revenues of ‘‘Pamela B. Gwin Hall’’, clearing the measure for the said District for the fiscal year ending September 30, President. Page S8527 2001. (S. Rept. No. 106–409) Kika de la Garza United States Border Station: H.R. 4635, making appropriations for the Depart- Senate passed H.R. 1901, to designate the United ments of Veterans Affairs and Housing and Urban States border station located in Pharr, Texas, as the Development, and for sundry independent agencies, ‘‘Kika de la Garza United States Border Station’’, boards, commissions, corporations, and offices for the clearing the measure for the President. Page S8527 fiscal year ending September 30, 2001, with an amendment in the nature of a substitute. (S. Rept. James H. Quillen United States Courthouse: No. 106–410) Senate passed H.R. 4608, to designate the United H.R. 1102, to provide for pension reform, with an States courthouse located at 220 West Depot Street amendment in the nature of a substitute. (S. Rept. in Greeneville, Tennessee, as the ‘‘James H. Quillen No. 106–411) Page S8501 United States Courthouse’’, clearing the measure for Measures Passed: the President. Page S8527 Secure Rural Schools and Community Self-De- Welcoming Prime Minister of India: Senate termination Act: Senate passed S. 1608, to provide agreed to S. Res. 357, welcoming Prime Minister stability and predictability to the annual payments Atal Bihari Vajpayee, Prime Minister of India, upon made to States and counties containing National his first official visit to the United States. Page S8527 Forest System lands and public domain lands man- Enrollment Correction: Senate agreed to H. Con. aged by the Bureau of Land Management for the Res. 394, directing the Secretary of the Senate to benefit of public schools and roads and to enhance make technical corrections in the enrollment of S. the health, diversity and productivity of federal 1374. Page S8528 lands, after agreeing to a committee amendment in the nature of a substitute, and the following amend- PNTR (Permanent Normal Trade Relations) for China: Senate continued consideration of H.R. 4444, ment proposed thereto: Pages S8514±26 Craig/Wyden Amendment No. 4139, in the na- to authorize extension of nondiscriminatory treat- ment (normal trade relations treatment) to the Peo- ture of a substitute. Pages S8519±26 ple’s Republic of China, and to establish a frame- Select Committee on Intelligence Documentary work for relations between the United States and the Production: Senate agreed to S. Res. 356, to author- People’s Republic of China, taking action on the fol- ize documentary production by the Select Committee lowing amendments proposed thereto: Pages S8443±94 on Intelligence. Pages S8526±27 D899

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 D900 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2000 Rejected: monitor the cooperation of the People’s Republic of By 33 yeas to 62 nays (Vote No. 240), Byrd China with respect to POW/MIA issues, improve- Amendment No. 4131, to improve the certainty of ment in the areas of forced abortions, slave labor, the implementation of import relief in cases of af- and organ harvesting (divisions 1 through 5). firmative determinations by the International Trade Page S8443 Commission with respect to market disruption to Hollings Amendment No. 4134, to direct the Se- domestic producers of like or directly competitive curities and Exchange Commission to require cor- products. Pages S8443±44, S8449 porations to disclose foreign investment-related in- By 29 yeas to 66 nays (Vote No. 241), division formation in 10–K reports. Page S8443 6 of Smith (of N.H.) Amendment No. 4129, to re- Hollings Amendment No. 4135, to authorize and quire that the Congressional-Executive Commission request the President to report to the Congress an- monitor the cooperation of the People’s Republic of nually beginning in January, 2001, on the balance China with respect to POW/MIA issues, improve- of trade with China for cereals (wheat, corn, and ment in the areas of forced abortions, slave labor, rice) and soybeans, and to direct the President to and organ harvesting. Pages S8443, S8445±49 eliminate any deficit. Page S8443 Thompson Amendment No. 4132, to provide for Hollings Amendment No. 4136, to authorize and the application of certain measures to covered coun- request the President to report to the Congress an- tries in response to the contribution to the design, nually, beginning in January, 2001, on the balance production, development, or acquisition of nuclear, of trade with China for advanced technology prod- chemical, or biological weapons or ballistic or cruise ucts, and direct the President to eliminate any def- missiles. (By 65 yeas to 32 nays (Vote No. 242), icit. Page S8443 Senate tabled the amendment.) Pages S8443, S8450±68 Hollings Amendment No. 4137, to condition eli- By 43 yeas to 53 nays (Vote No. 243), Helms gibility for risk insurance provided by the Export- Amendment No. 4128, to express the sense of Con- Import Bank or the Overseas Private Investment gress regarding forced abortions in the People’s Re- Corporation on certain certifications. Page S8444 public of China. Pages S8469±71, S8472±76, S8490±91 A unanimous-consent-time agreement was reached By 23 yeas to 73 nays (Vote No. 244), Helms providing for all remaining first degree amendments Amendment No. 4123, to require the Secretary of be limited to no more than one hour, to be equally Commerce to consult with leaders of American busi- divided in the usual form, and that no second degree nesses to encourage them to adopt a code of conduct amendments be in order. Further, that following dis- for doing business in the People’s Republic of China. position of these amendments and general debate on Pages S8471±72, S8476±84, S8491 the bill, the bill be advanced to third reading and By 18 yeas to 78 nays (Vote No. 245), Feingold passage occur. Page S8493 Amendment No. 4138, to make technical changes A unanimous-consent agreement was reached pro- relating to the recommendations of the Congres- viding for further consideration of the bill and pend- sional-Executive Commission on the People’s Repub- ing amendments on Thursday, September 14, 2000. lic of China. Pages S8484±87, S8491±92 Page S8528 By 22 yeas to 74 nays (Vote No. 246), Wellstone Amendment No. 4120, to require that the President Escort Committee—Agreement: A unanimous- certify to Congress that the People’s Republic of consent agreement was reached providing that the China has responded to inquiries regarding certain President pro tempore of the Senate be authorized to people who have been detained or imprisoned and appoint a committee on the part of the Senate to has made substantial progress in releasing from pris- join with a like committee on the part of the House on people incarcerated for organizing independent of Representatives to escort the Prime Minister of India into the House Chamber for the joint meeting trade unions. Pages S8443, S8487±90, S8492 Pending: on Thursday, September 14, 2000. Page S8527 Wellstone Amendment No. 4118, to require that Removal of Injunction of Secrecy: The injunction the President certify to Congress that the People’s of secrecy was removed from the following treaty: Republic of China has taken certain actions with re- Joint Convention on the Safety of Spent Fuel and spect to ensuring human rights protection. Radioactive Waste Management (Treaty Doc. No. Page S8443 106–48). Wellstone Amendment No. 4121, to strengthen The treaty was transmitted to the Senate today, the rights of workers to associate, organize and considered as having been read for the first time, and strike. Page S8443 referred, with accompanying papers, to the Com- Smith (of N.H.) Amendment No. 4129, to re- mittee on Foreign Relations and was ordered to be quire that the Congressional-Executive Commission printed. Pages S8527±28

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 September 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D901 Nominations Received: Senate received the fol- independent agencies, boards, commissions, corpora- lowing nominations: tions, and offices for the fiscal year ending Sep- Richard W. Anderson, of Montana, to be United tember 30, 2001, with an amendment in the nature States District Judge for the District of Montana of a substitute. vice Charles C. Lovell, retired. COIN DESIGN SYMPOSIUM 78 Army nominations in the rank of general. Routine lists in the Marine Corps, Navy. Committee on Banking, Housing, and Urban Affairs: Pages S8532±33 Committee met to discuss U.S. coin designs, focus- ing on the physical and fiscal concerns regarding Messages From the House: Pages S8496±97 changing circulating coin designs, after receiving Measures Referred: Page S8497 testimony from Jay W. Johnson, Director, and Measures Placed on Calendar: Page S8497 Thomas D. Rogers, Engraver/Artist, both of the United States Mint, Department of the Treasury; Measures Read First Time: Page S8497 Richard G. Doty, Curator of Numismatics, Smithso- Communications: Pages S8497±99 nian Institution; H. Robert Campbell, American Numismatic Association, Colorado Springs, Colo- Petitions: Pages S8499±S8501 rado; and Ute Wartenburg, American Numismatic Statements on Introduced Bills: Pages S8501±05 Society, New York, New York. Additional Cosponsors: Pages S8505±06 MARKETING VIOLENCE TO CHILDREN Amendments Submitted: Pages S8508±13 Committee on Commerce, Science, and Transportation: Authority for Committees: Pages S8513±14 Committee held hearings on the Federal Trade Com- Additional Statements: Pages S8495±96 mission report which examines the marketing of vio- lence in movies, television, music, and video games Record Votes: Seven record votes were taken today. to children, and recommendations to curtail their ex- (Total—246) Pages S8449, S8468, S8490±92 posure, including entertainment industry self-regula- Adjournment: Senate convened at 9:30 a.m., and tion, the need for legislative oversight, enforcement adjourned at 8:25 p.m., until 11 a.m., on Thursday, of rating guidelines, and parental involvement and September 14, 2000. (For Senate’s program, see the responsibility, receiving testimony from Senators remarks of the Acting Majority Leader in today’s Boxer, DeWine, Hagel, Hatch, Kohl, and Record on page S8528.) Lieberman; Representatives Hyde and Markey; Rob- ert Pitofsky, Chairman, Federal Trade Commission; Committee Meetings Danny Goldberg, Artemis Records, and Strauss Zelnick, BMG Entertainment-North America, both (Committees not listed did not meet) of New York, New York; Peter Moore, Sega of America, Inc., San Francisco, California; Gregory BUSINESS MEETING Fischbach, Acclaim Entertainment, Inc., Glen Cove, Committee on Appropriations: Committee ordered favor- New York; Tom Diaz, Violence Policy Center, ably reported the following business items: Hilary Rosen, Recording Industry Association, H.R. 4635, making appropriations for the Depart- Douglas Lowenstein, Interactive Digital Software As- ments of Veterans Affairs and Housing and Urban sociation, Daniel B. Borenstein, American Psy- Development, and for sundry independent agencies, chiatric Association, on behalf of the American boards, commissions, corporations, and offices for the Academy of Child and Adolescent Psychiatry, Jack fiscal year ending September 30, 2001, with an Valenti, Motion Picture Association of America, and amendment in the nature of a substitute; and Jeff McIntyre, American Psychological Association, An original bill (S. 3041) making appropriations all of Washington, D.C.; Donald E. Cook, Univer- for the government of the District of Columbia and sity of Colorado School of Medicine, Denver, on be- other activities chargeable in whole or in part half of the American Academy of Pediatrics; and Mi- against revenues of said District for the fiscal year chael E. Dyson, DePaul University Ida B. Wells- ending September 30, 2001. Barnett University, Chicago, Illinois. BUSINESS MEETING Hearings recessed subject to call. Committee on Appropriations: Subcommittee on VA, BUSINESS MEETING HUD, and Independent Agencies approved for full Committee on Energy and Natural Resources: Committee committee consideration H.R. 4635, making appro- met and began consideration of H.R. 3236, to au- priations for the Departments of Veterans Affairs and thorize the Secretary of the Interior to enter into Housing and Urban Development, and for sundry contracts with the Weber Basin Water Conservancy

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 D902 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2000 District, Utah, to use Weber Basin Project facilities rial Museum, and H. Con. Res. 89, recognizing the for the impounding, storage, and carriage of non- Hermann Monument and Hermann Heights Park in project water for domestic, municipal, industrial, S. New Ulm, Minnesota, as a national symbol of the 1848, to amend the Reclamation Wastewater and contributions of Americans of German heritage, but Groundwater Study and Facilities Act to authorize did not complete final action thereon, and will meet the Secretary of the Interior to participate in the de- again on Wednesday, September 20. sign, planing, and construction of the Denver Water FORESTS AND PUBLIC LAND Reuse project, S. 2594, to authorize the Secretary of MANAGEMENT the Interior to contract with the Mancos Water Con- servancy District to use the Mancos Project facilities Committee on Energy and Natural Resources: Sub- for impounding, storage, diverting, and carriage of committee on Forests and Public Land Management nonproject water for the irrigation, domestic, munic- concluded hearings on S. 2873, to provide for all ipal, and industrial purposes, H.R. 1680, to provide right, title, and interest in and to certain property for the conveyance of Forest Service property in Kern in Washington County, Utah, to be vested in the County, California, in exchange for county lands United States, H.R. 3676 and S. 2784, bills to es- suitable for inclusion in Sequoia National Forest, S. tablish the Santa Rosa and San Jacinto Mountains 2111, to direct the Secretary of Agriculture to con- National Monument in the State of California, S. vey for fair market value 1.06 acres of land in the 2865, to designate certain land of the National For- San Bernardino National Forest, California, to est System located in the State of Virginia as wilder- KATY 101.3 FM, a California corporation, S. 2301, ness, H.R. 4275 and S. 2956, bills to establish the to amend the Reclamation Wastewater and Ground- Colorado Canyons National Conservation Area and water Study and Facilities Act to authorize the Sec- the Black Ridge Canyons Wilderness, and S. 2977, retary of the Interior to participate in the design, to assist in the establishment of an interpretive cen- planning, and construction of the Lakehaven water ter and museum in the vicinity of the Diamond Val- reclamation project for the reclamation and reuse of ley Lake in southern California to ensure the protec- tion and interpretation of the paleontology discov- water, S. 2163, to provide for a study of the engi- eries made at the lake and to develop a trail system neering feasibility of a water exchange in lieu of for the lake for use by pedestrians and nonmotorized electrification of the Chandler Pumping Plant at vehicles, after receiving testimony from Representa- Prosser Diversion Dam, Washington, H.R. 1235, to tive Bono; Tom Fry, Director, Bureau of Land Man- authorize the Secretary of the Interior to enter into agement, Department of the Interior; Paul Brouha, contracts with the Solano County Water Agency, Associate Deputy Chief, Forest Service, Department California, to use Solano Project facilities for im- of Agriculture; Glen Peterson, Metropolitan Water pounding, storage, and carriage of nonproject water District of Southern California, Los Angeles; James for domestic, municipal, and industrial purposes, S. Doyle, Environmental Land Technology, Ltd., Sun 2195, to amend the Reclamation Wastewater and Valley, Idaho; Brad Quayle, KSL Recreation Cor- Groundwater Study and Facilities Act to authorize poration, La Quinta, California; and Ed Kibbey, the Secretary of the Interior to participate in the de- Building Industry Association of Southern California, sign, planning, and construction of the Truckee wa- and Katie Barrows, Friends of the Desert Mountain, tershed reclamation project for the reclamation and on behalf of the Coachella Valley Mountains Conser- reuse of water, S. 2350, to direct the Secretary of the vancy, both of Palm Desert, California. Interior to convey certain water rights to Duchesne City, Utah, S. 2877, to authorize the Secretary of the COLUMBIA RIVER POWER AND SALMON Interior to conduct a feasibility study on water opti- RECOVERY mization in the Burnt River basin, Malheur River Committee on Environment and Public Works: Sub- basin, Owyhee River basin, and Powder River basin, committee on Fisheries, Wildlife, and Drinking Oregon, S. 2757, to provide for the transfer or other Water held hearings to examine the biological opin- disposition of certain lands at Melrose Air Force ion on the Federal Columbia River Power System Range, New Mexico, and Yakima Training Center, and the Federal Caucus Draft Basinwide Salmon Re- Washington, H.R. 4063, to establish the Rosie the covery Strategy, receiving testimony from William Riveter-World War II Home Front National Histor- Stelle, Jr., Northwest Regional Administrator, Na- ical Park in the State of California, S. 2345, to direct tional Marine Fisheries Service, Department of Com- the Secretary of the Interior to conduct a special re- merce; Col. Eric T. Mogren, Deputy Division Engi- source study concerning the preservation and public neer, Northwestern Division, U.S. Army Corps of use of sites associated with Harriet Tubman located Engineers; Judith A. Johansen, Administrator/ Chief in Auburn, New York, H.R. 4115, to authorize ap- Executive Officer, Bonneville Power Administration, propriations for the United States Holocaust Memo- Department of Energy; David Cottingham, Special

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Assistant to the Director, U.S. Fish and Wildlife United States Agency for International Development, Service, Department of the Interior; Idaho Governor after the nominee, who was introduced by Senator Dirk Kempthorne, Boise; Samuel Penny, Nez Perce Baucus, testified and answered questions in his own Tribe, Lapwai, Idaho, on behalf of the Columbia behalf. River Inter-Tribal Fish Commission; Lionel Q. Boyer, Shoshone-Bannock Tribes, Fort Hall, Idaho; NOMINATIONS and John Etchart, Helena, Montana, Eric J. Bloch, Committee on Governmental Affairs: Committee con- Portland, Oregon, and Frank L. Cassidy, Vancouver, cluded hearings on the nominations of John Ramsey Washington, all on behalf of the Northwest Power Johnson and Gerald Fisher, each to be an Associate Planning Council. Judge of the Superior Court of the District of Co- Hearings continue tomorrow. lumbia, after the nominees testified and answered TREATIES/NOMINATION questions in there own behalf. Mr. Johnson and Mr. Committee on Foreign Relations: Committee concluded Fisher were introduced by Representative Norton. hearings on Investment Treaty with Bahrain (Treaty INTELLIGENCE Doc. 106–25), Investment Treaty with Bolivia (Trea- ty Doc. 106–26), Investment Treaty with Honduras Select Committee on Intelligence: Committee held closed (Treaty Doc. 106–27), Investment Treaty with El hearings on intelligence matters, receiving testimony Salvador (Treaty Doc. 106–28), Investment Treaty from officials of the intelligence community. with Croatia (Treaty Doc. 106–29), Investment Treaty with Jordan (Treaty Doc. 106–30), Invest- LONG-TERM CARE INSURANCE COSTS ment Treaty with Uzbekistan (Treaty Doc. 104–25), Special Committee on Aging: Committee concluded Investment Treaty with Mozambique (Treaty Doc. hearings to examine issues relating to long-term care 106–31), Investment Treaty with Lithuania (Treaty insurance, including protecting consumers from un- Doc. 106–42), Treaty with Mexico on Delimitation anticipated premium increases, rate stabilization reg- of Continental Shelf (Treaty Doc. 106–39), and Pro- ulation, and proposed legislation to allow tax incen- tocol Relating to the Madrid Agreement (Treaty tives towards the purchase of policies, after receiving Doc. 106–41), Investment Treaty with Azerbijan testimony from William J. Scanlon, Director, Health (Treaty Doc. 106–47), Protocol Amending Invest- Financing and Public Health Issues, Health, Edu- ment Treaty with Panama (Treaty Doc. 106–46), cation, and Human Services Division, General Ac- after receiving testimony from Mary Beth West, counting Office; Kathleen Sebelius, Kansas Insurance Deputy Assistant Secretary for Oceans and Fisheries, Department, Topeka, on behalf of the National As- and Janice F. Bay, Deputy Assistant Secretary, Inter- sociation of Insurance Commissioners; Allan Kanner, national Finance and Development, Bureau of Eco- Allan Kanner and Associates/Tulane Law School, nomic and Business Affairs, both of the Department New Orleans, Louisiana; Charles N. Kahn, III, of State. Health Insurance Association of America, Wash- Also, committee concluded hearings on the nomi- ington, D.C.; and David S. Martin, John Hancock nation of Barry Edward Carter, of the District of Co- Life Insurance Company, Boston, Massachusetts, on lumbia, to be an Assistant Administrator of the behalf of the American Council of Life Insurers. h House of Representatives Journal: Agreed to the Speaker’s approval of the Chamber Action Journal of Tuesday, September 12, 2000 by a yea Bills Introduced: 10 public bills, H.R. 5163–5172; and nay vote of 337 yeas to 51 nays with 2 voting and 2 resolutions, H. Con. Res. 398–399, were in- ‘‘present’’, Roll No. 465. Pages H7505, H7508±09 troduced. Pages H7577±78 Marriage Tax Penalty Relief Act of 2000—Veto Reports Filed: Reports were filed today as follows. Override: The House failed to override the Presi- H.R. 4986, to amend the Internal Revenue Code dent’s veto of H.R. 4810, to provide for reconcili- of 1986 to repeal the provisions relating to foreign ation pursuant to section 103(a)(1) of the concurrent sales corporations (FSCs) and to exclude resolution on the budget for fiscal year 2001 by a extraterritorial income from gross income, amended 2⁄3 yea and nay vote of 270 yeas to 158 nays, Roll (H. Rept. 106–845). Page H7577 No. 466. Subsequently, the President’s veto message

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 D904 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2000 and the bill were referred to the Committee on victed of murder from being sentenced to death by Ways and Means. Pages H7509±20 a yea and nay vote of 196 yeas to 227 nays, Roll Suspensions: The House agreed to suspend the rules No. 470. Pages H7523±32 and pass the following measures: DOD Authorization—Motion to Instruct: Agreed Strengthening United States-India Relations: H. to the Conyers motion to instruct conferees on the Res. 572, expressing the sense of the House of Rep- Senate amendment to H.R. 4205, to authorize ap- resentatives that it is in the interest of both the propriations for fiscal year 2001 for military activi- United States and the Republic of India to expand ties of the Department of Defense and for military and strengthen United States-India relations, inten- construction, to prescribe military personnel sify bilateral cooperation in the fight against ter- strengths for fiscal year 2001, to agree to the provi- rorism, and broaden the ongoing dialogue between sions contained in title XV of the Senate amendment the United States and India, of which the upcoming by a yea and nay vote of 232 yeas to 192 nays, Roll visit to the United States of the Prime Minister of No. 471. Pages H7532±41 India, Atal Bihari Vajpayee, is a significant step. Presidential Transition Act: The House passed (Debated and agreed to by voice vote on September H.R. 4931, to provide for the training or orientation 12, 2000. Agreed today to vacate the request for an of individuals, during a Presidential transition, who electronic vote on the motion); Page H7520 the President intends to appoint to certain key posi- Foreign Sales Corporation Repeal and tions, to provide for a study and report on improv- Extraterritorial Income Exclusion: H.R. 4986, ing the financial disclosure process for certain Presi- amended, to amend the Internal Revenue Code of dential nominees. Pages H7542±43 1986 to repeal the provisions relating to foreign Member of the Republican Conference: Read a sales corporations (FSCs) and to exclude letter from Representative Martinez wherein he an- extraterritorial income from gross income (Debated nounced his affiliation with the Republican con- on September 12, 2000. Passed by a recorded vote ference. Subsequently, read letters from Representa- of 315 ayes to 109 noes with 1 voting ‘‘present,’’ tive Frost and the Speaker dealing with his resigna- Roll No. 467); and Page H7521 tion from the Democratic Caucus and vacating his election to the Committees on Education and the Honoring the Service and Sacrifice by the Workforce and International Relations. United States Merchant Marine: H. Con. Res. 327, honoring the service and sacrifice during periods of Pages H7541±42 war by members of the United States Merchant Ma- Quorum Calls—Votes: Six yea and nay votes and rine. (Debated on September 12, 2000. Passed by a one recorded vote developed during the proceedings yea and nay vote of 418 yeas with none voting of the House today and appear on pages H7508–09, ‘‘nay’’, Roll No. 469). Pages H7522±23 H7520, H7521, H7521–22, H7522–23, H7531–32, and H7541. There were no quorum calls. Suspension Failed—Repeal of Boy Scouts Fed- eral Charter: The House failed to pass H.R. 4892, Adjournment: The House met at 10 a.m. and ad- to repeal the Federal charter of the Boy Scouts of journed at 7:40 p.m. America by a yea and nay vote of 12 yeas to 362 nays with 51 voting ‘‘present’’, Roll No. 468. The Committee Meetings bill was debated on September 12, 2000. ANIMAL WELFARE ACT AMENDMENTS Pages H7521±22 Committee on Agriculture: Held a hearing on H.R. DOD Authorization—Motion to Instruct: Re- 1275, to amend the Animal Welfare Act to prohibit jected the Graham motion to instruct conferees on the interstate movement of live birds for the purpose the Senate amendment to H.R. 4205, to authorize of having the birds participate in animal fighting. appropriations for fiscal year 2001 for military ac- Testimony was heard from public witnesses. tivities of the Department of Defense and for mili- tary construction, to prescribe military personnel UPPER MISSISSIPPI RIVER BASIN strengths for fiscal year 2001, not to agree to provi- CONSERVATION ACT sions which (1) fail to recognize that the 14th Committee on Agriculture: Subcommittee on General amendment to the Constitution guarantees all per- Farm Commodities, Resource Conservation, and sons equal protection under the law; (2) deny equal Credit held a hearing on H.R. 4013, Upper Mis- protection under the law by conditioning prosecu- sissippi River Basin Conservation Act of 2000. Testi- tion of certain offenses on the race, color, religion, mony was heard from Representatives Gutknecht national origin, gender, sexual orientation, or dis- and Kind; Thomas A. Weber, Deputy Chief, Pro- ability of the victim; and (3) preclude a person con- grams, Natural Resources Conservation Service,

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 September 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D905 USDA; Robert Hirsch, Associate Director, Water, Subcommittee recessed until September 18. U.S. Geological Survey, Department of the Interior; and a public witness. RECRUITMENT AND RETENTION OF QUALITY TEACHERS IDENTITY THEFT PREVENTION ACT Committee on Education and the Workforce: Sub- Committee on Banking and Financial Services: Held a committee on Postsecondary Education, Training, hearing on H.R. 4311, Identity Theft Prevention and Life-Long Learning held a hearing on Recruit- Act of 2000, and related financial fraud issues. Testi- ment and Retention of Quality Teachers. Testimony mony was heard from Representatives Hooley and was heard from public witnesses. LaTourette; Betsy Broder, Assistant Director, Divi- sion of Planning and Information, FTC; Bruce LABORATORIES OF DEMOCRACY Townsend, Special Agent in Charge, Financial Committee on Government Reform: Subcommittee on Crimes Division, U.S. Secret Service, Department of National Economic Growth, Natural Resources, and the Treasury; and public witnesses. Regulatory Affairs held a hearing on Lessons From CONTROLLING WILDFIRES the Laboratories of Democracy: Environmental Inno- vation in the States. Testimony was heard from Joe Committee on the Budget: Task Force on Natural Re- Hackney, Representative, State of North Carolina; sources and the Environment held a hearing on Con- Jim Seif, Secretary, Department of Environmental trolling Wildfires In the Future: What Strategies Protection, State of Pennsylvania; Landon Marsh, Di- and Resources Are Needed? Testimony was heard rector, Department of Environmental Quality, State from Randle G. Phillips, Deputy Chief, Programs of Oregon; Karen Studders, Commissioner, Pollution and Legislation, Forest Service, USDA; Barry T. Control Agency, State of Minnesota; Lisa Polak Hill, Associate Director, Energy Resource and Edgar, Deputy Director, Department of Environ- Science Issues, GAO; and a public witness. mental Protection, State of Florida; Christopher ‘‘ORGANIZED CRIME ON WALL STREET’’ Recchia, Deputy Commissioner, Department of En- Committee on Commerce: Subcommittee on Finance and vironmental Conservation, State of Vermont; and Hazardous Materials held a hearing entitled: ‘‘Orga- public witnesses. nized Crime on Wall Street.’’ Testimony was heard BIOLOGICAL WEAPONS CONVENTION from Thomas V. Fuentes, Chief, Organized Crime Section, Criminal Investigation Division, FBI, De- Committee on Government Reform: Subcommittee on partment of Justice; Richard H. Walker, Director, National Security, Veterans’ Affairs, and Inter- Division of Enforcement, SEC; and public witnesses. national Relations held a hearing on Biological Weapons Convention: Status and Implications. Testi- SECURING THE HEALTH OF THE mony was heard from Ambassador Donald A. AMERICAN PEOPLE Mahley, Special Negotiator, Chemical and Biological Committee on Commerce: Subcommittee on Health and Arms Control, Department of State; Susan Koch, Environment held a hearing on Securing the Health Deputy Assistant Secretary (Threat Reduction Pol- of the American People: focusing on the following icy), Department of Defense; Roger Majak, Assistant measures: H.R. 2399, National Commission for the Secretary, Bureau of Export Administration, Depart- New National Goal: The Advancement of Global ment of Commerce; Jack L. Brock, Jr., Managing Health Act; H.R. 4242, Orphan Drug Innovation Director, Acquisition and Sourcing Management, Act; H.R. 762, Lupus Research and Care Amend- GAO; and public witnesses. ments of 1999; H.R. 3677, Thomas Navarro FDA WESTERN SAHARA—U.N. REFERENDUM Patient Rights Act; H.R. 1795, National Institute of Biomedical Imaging and Engineering Establishment Committee on International Relations: Subcommittee on Act; and a resolution recognizing the importance of Africa held a hearing on U.N. Referendum for researching childhood cancers. Testimony was heard Western Sahara: 9 Years and Counting. Testimony from Jack McCormick, Deputy Director, Office of was heard from Allen Keiswetter, Deputy Assistant Orphan Drugs, FDA, Department of Health and Secretary, Near Eastern Affairs, Department of State. Human Services; and public witnesses. MISCELLANEOUS MEASURES TRUTH IN TELEPHONE BILLING ACT Committee on International Relations: Subcommittee on Committee on Commerce: Subcommittee on Tele- Asia and the Pacific approved for full Committee ac- communications, Trade, and Consumer Protection tion the following measures: H. Con. Res. 328, approved for full Committee action, as amended, amended, expressing the sense of the Congress in H.R. 3011, Truth in Telephone Billing Act of 1999. recognition of the 10th anniversary of the free and

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 D906 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2000 fair elections in Burma and the urgent need to im- NASA’S SPACE SCIENCE ENTERPRISE prove the democratic and human rights of the people Committee on Science: Subcommittee on Space and of Burma; and H. Con. Res. 397, voicing concern Technology held a hearing on the State of NASA’s about serious violations of human rights and funda- Space Science Enterprise. Testimony was heard from mental freedoms in most states of Central Asia, in- Edward Weiler, Associate Administrator, Office of cluding substantial noncompliance with their Orga- Space Science, NASA; and public witnesses. nization for Security and Cooperation in Europe (OSCE) commitments on democratization and the TECHNICAL STANDARDS ROLE IN holding of free and fair elections. TODAY’S SOCIETY CORPORATE AND INDUSTRIAL ESPIONAGE Committee on Science: Subcommittee on Technology Committee on International Relations: Subcommittee on held a hearing on the Role of Technical Standards International Economic Policy and Trade held a in Today’s Society and in the Future. Testimony was hearing on Corporate and Industrial Espionage and heard from Raymond Kammer, Director, National Their Effects on American Competitiveness. Testi- Institutes of Standards and Technology, Department mony was heard from Sheila Horan, Deputy Assist- of Commerce; and public witnesses. ant Director, Counter Intelligence, FBI, Department of Justice; and public witnesses. DOT’S PROPOSED NEPA AND PLANNING RULES MISCELLANEOUS MEASURES Committee on Transportation and Infrastructure: Sub- Committee on the Judiciary: Ordered reported the fol- committee on Ground Transportation held a hearing lowing bills: H.R. 3575, Student Athlete Protection on the Department of Transportation’s Proposed Act; Opportunities Act; H.R. 5106, Copyright NEPA and Planning Rules. Testimony was heard Technical Corrections Act of 2000; H.R. 5107, from the following officials of the Department of Work Made for Hire and Copyright Corrections Act Transportation: Kenneth R. Wykle, Administrator, of 2000; and H.R. 534, amended, Fairness and Vol- untary Arbitration Act. Federal Highway Administration; and Patrick R. H.R. 534, Fairness and Voluntary Arbitration Reilly, Chief Counsel, Federal Transit Administra- Act; H.R. 4548, Agricultural Opportunities Act. tion; Mary E. Peters, Director, Department of Trans- portation, State of Arizona; and public witnesses. MISCELLANEOUS MEASURES Committee on Resources: Ordered reported the following FEDERAL AGENCY SHUTTLES measures: S. 426, Huna Totem Corporation Public Committee on Transportation and Infrastructure: Sub- Interest Land Exchange Act; S. 964, Cheyenne River committee on Oversight, Investigations, and Emer- Sioux Tribe Equitable Compensation Act; H.R. gency Management held a hearing on Federal Agen- 1500, America’s Wilderness Protection Act; S. 1778, cy Shuttles. Testimony was heard from G. Martin to provide for equal exchanges of land around the Wagner, Associate Administrator, Governmentwide Cascade Reservoir; H.R. 3067, amended, Nampa and Policy, GSA; and William G. Dowd, Director, Of- Meridian Conveyance Act; H.R. 3986, amended, to fice of Plans Review, National Capital Planning provide for a study of the engineering feasibility of Commission. a water exchange in lieu of electrification of the Chandler Pumping Plant at Prosser Diversion Dam, DEPARTMENT OF VETERANS AFFAIRS Washington; H.R. 4613, amended, National His- HEALTH CARE PERSONNEL ACT toric Lighthouse Preservation Act of 2000; H.R. Committee on Veterans’ Affairs: 4656, to authorize the Forest Service to convey cer- Ordered reported, as tain lands in the Lake Tahoe Basin to the Washoe amended, H.R. 5109, Department of Veterans Af- County School District for use as an elementary fairs Health Care Personnel Act of 2000. school site; and H.R. 4800, amended, Ronald Reagan Recognition Act of 2000. AFRICAN DIAMONDS TRADE Committee on Ways and Means: Subcommittee on HOUSE RULES—PROPOSED CHANGES Trade held a hearing on trade in African diamonds. Committee on Rules: Held a hearing to receive Member Testimony was heard from Representatives Hall of testimony on proposed changes to House Rules. Tes- Ohio, Wolf, Payne and McKinney; William B. timony was heard from Representatives Burton of Wood, Principal Deputy Assistant Secretary, Inter- Indiana, Morella, Davis of Virginia, Gary Miller of national Organization Affairs, Department of State; California, Tancredo, Norton and Underwood. and public witnesses.

VerDate 11-MAY-2000 06:29 Sep 14, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13SE0.REC pfrm04 PsN: D13SE0 September 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D907 COMMITTEE MEETINGS FOR THURSDAY, to hold hearings on the state of foreign language capabili- SEPTEMBER 14, 2000 ties in national security and the Federal Government, 11 a.m., SD–342. (Committee meetings are open unless otherwise indicated) Committee on Indian Affairs, to hold hearings on S. Senate 2899, to express the policy of the United States regarding Committee on Appropriations, Subcommittee on Labor, the United States’ relationship with Native Hawaiians, Health and Human Services, and Education, to hold hear- 3:30 p.m., SR–485. ings to examine stem cell research, 9:30 a.m., SH–216. Committee on Small Business, to hold hearings to examine Committee on the Budget, to hold hearings on budgeting slotting fees, and the battle family farmers are having to for defense, focusing on maintaining today’s forces, 2 stay on the farm and in the grocery store, 1 p.m., p.m., SD–608. SD–628. Committee on Commerce, Science, and Transportation, to hold hearings to examine air traffic control delays; to be House followed by a hearing on the nominations of David Z. Committee on Commerce, to mark up the following bills: Plavin, of New York, to be a Member of the Federal H.R. 3100, Know Your Caller Act; H.R. 2592, to amend Aviation Management Advisory Council; Arthenia L. the Consumer Products Safety Act to provide that low- Joyner, of Florida, to be a Member of the Federal Avia- speed electric bicycles are consumer products subject to tion Management Advisory Council; and Sue Bailey, of such Act; H.R. 3850, Independent Telecommunications Maryland, to be Administrator of the National Highway Traffic Safety Administration, 9:30 a.m., SR–253. Consumer Enhancement Act of 2000; H.R. 2346, to au- Committee on Energy and Natural Resources, to hold over- thorize the enforcement by State and local governments sight hearings on the transportation of Alaska North of certain Federal Communications Commission regula- Slope natural gas market and to investigate the cost, en- tions regarding use of citizens band radio equipment; vironmental aspects and energy security implications to H.R. 1689, to prohibit States from imposing restrictions Alaska and the rest of the nation for alternative routes on the operation of motor vehicles providing limousine and projects, 9:30 a.m., SD–366. service between a place in a State and a place in another Subcommittee on National Parks, Historic Preserva- State; H.R. 2641, to make technical corrections to title tion, and Recreation, to hold hearings on S. 2749, to es- X of the Energy Policy Act of 1992; and H.R. 1795, Na- tablish the California Trail Interpretive Center in Elko, tional Institute of Biomedical Imaging and Engineering Nevada, to facilitate the interpretation of the history of Establishment Act, 11:15 a.m., 2123 Rayburn. development and use of trails in the setting of the west- Committee on Education and the Workforce, Subcommittee ern portion of the United States; S. 2885, to establish the on Employer-Employee Relations, hearing on How to Im- Jamestown 400th Commemoration Commission; S. 2950, prove Pension Coverage for American Workers, 10:30 to authorize the Secretary of the Interior to establish the a.m., 2175 Rayburn. Sand Creek Massacre Historic Site in the State of Colo- Subcommittee on Workforce Protections, hearing on a rado; S. 2959, to amend the Dayton Aviation Heritage Review of Mine Safety and Health: The State of the In- Preservation Act of 1992; and S. 3000, to authorize the dustry Today, 2 p.m., 2175 Rayburn. exchange of land between the Secretary of the Interior Committee on International Relations, Subcommittee on and the Director of the Central Intelligence Agency at International Operations and Human Rights, hearing on the George Washington Memorial Parkway in McLean, H.Res. 398, United States Training on and Commemora- Virginia, 2:30 p.m., SD–366. tion of the Armenian Genocide Resolution, 2 p.m., 2172 Committee on Environment and Public Works, to hold hear- ings on the nomination of the following named officer for Rayburn. appointment as the Chief of Engineers, United States Committee on the Judiciary, Subcommittee on the Con- Army, and appointment to the grade indicated while as- stitution, to mark up H.R. 5018, Electronic Communica- signed to a position of importance and responsibility tions Privacy Act of 2000, 9 a.m., 2237 Rayburn. under title 10, U.S.C., section 601 and 3036: Maj. Gen. Subcommittee on Immigration and Claims, to mark up Robert B. Flowers, to be Lieutenant General, 9:30 a.m., the following: H.R. 4068, Religious Workers Act of SD–406. 2000; and a private relief bill, 2 p.m., 2226 Rayburn. Subcommittee on Fisheries, Wildlife, and Drinking Committee on Resources, oversight hearing on General Ac- Water, to continue hearings on the Draft Biological counting Office review of Endangered Species Act imple- Opinions by the National Marine Fisheries Service and mentation in Southern California, 11 a.m., 3124 Long- U.S. Fish and Wildlife Service on the operation of the worth. Federal Columbia River Power System and the Federal Subcommittee on Forests and Forest Health, oversight Caucus draft Basinwide Salmon Recovery Strategy, 1 hearing on Private Conservation Efforts: Lessons for Na- p.m., SD–406. tional Forests, 11 a.m., 1334 Longworth. Committee on Foreign Relations, Subcommittee on Inter- Committee on Ways and Means, to consider the Debt Re- national Operations, to hold hearings on exchange pro- lief Lockbox Reconciliation Act for Fiscal Year 2001, 11 grams and the national interest, 9 a.m., SD–419. a.m., 1100 Longworth. Committee on Governmental Affairs, Subcommittee on International Security, Proliferation and Federal Services,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, September 14 9 a.m., Thursday, September 14

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4942, ation of H.R. 4444, PNTR for China. 2001 District of Columbia Appropriations; (At 10 a.m., Senate will meet in a joint meeting with the Consideration of the conference report on H.R. 1654, House of Representatives to receive the Prime Minister of the Re- National Aeronautics and Space Administration Author- public of India, His Excellency Atal Bihari Vajpayee.) ization; and Consideration of the conference report on H.R. 4516, FY 2001 Legislative Branch Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Gutierrez, Luis V., Ill., E1449 Morella, Constance A., Md., E1446 Hall, Tony P., Ohio, E1450 Oberstar, James L., Minn., E1449 Baca, Joe, Calif., E1451, E1455 Hayes, Robin, N.C., E1457 Ortiz, Solomon P., Tex., E1469 Barcia, James A., Mich., E1472 Hobson, David L., Ohio, E1453, E1456 Owens, Major R., N.Y., E1463, E1465 Becerra, Xavier, Calif., E1471 Johnson, Nancy L., Conn., E1447 Pallone, Frank, Jr., N.J., E1473 Bereuter, Doug, Nebr., E1445, E1445, E1458 Kildee, Dale E., Mich., E1453 Pascrell, Bill, Jr., N.J., E1449 Bliley, Tom, Va., E1446 Kilpatrick, Carolyn C., Mich., E1472 Petri, Thomas E., Wisc., E1476 Boehner, John A., Ohio, E1463, E1465 Kind, Ron, Wisc., E1467 Rahall, Nick J., II, West Va., E1471, E1474 Borski, Robert A., Pa., E1459 Kleczka, Gerald D., Wisc., E1450 Rohrabacher, Dana, Calif., E1454 Callahan, Sonny, Ala., E1453, E1457 Kucinich, Dennis J., Ohio, E1465, E1467, E1468, E1470 Roukema, Marge, N.J., E1447 Camp, Dave, Mich., E1469 Lantos, Tom, Calif., E1468, E1469 Sanders, Bernard, Vt., E1475 Cardin, Benjamin L., Md., E1463 Lipinski, William O., Ill., E1471 Saxton, Jim, N.J., E1464, E1466 Chambliss, Saxby, Ga., E1464, E1465 Lowey, Nita M., N.Y., E1455, E1461, E1467 Schaffer, Bob, Colo., E1471 Christensen, Donna MC, The Virgin Islands, E1455 McCarthy, Carolyn, N.Y., E1472 Shimkus, John, Ill., E1464, E1466 Coyne, William J., Pa., E1459 McGovern, James P., Mass., E1449 Skelton, Ike, Mo., E1447 Crane, Philip M., Ill., E1458, E1460 McInnis, Scott, Colo., E1462, E1463, E1465, E1465, Stabenow, Debbie, Mich., E1476 Ewing, Thomas W., Ill., E1457, E1470 E1466, E1467, E1468 Stark, Fortney Pete, Calif., E1461 Filner, Bob, Calif., E1476 McIntyre, Mike, N.C., E1473 Stenholm, Charles W., Tex., E1468 Gallegly, Elton, Calif., E1473 Miller, Gary G., Calif., E1457 Thompson, Mike, Calif., E1465, E1466 Gillmor, Paul E., Ohio, E1458 Mink, Patsy T., Hawaii, E1455 Udall, Tom, N.M., E1474 Gilman, Benjamin A., N.Y., E1456, E1459 Moakley, John Joseph, Mass., E1445, E1452 Walsh, James T., N.Y., E1446 Goodling, William F., Pa., E1474 Moore, Dennis, Kans., E1456 Weldon, Curt, Pa., E1470 Gordon, Bart, Tenn., E1472 Moran, James P., Va., E1450 Wilson, Heather, N.M., E1446

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