25472 CONGRESSIONAL RECORD—SENATE October 30, 2000 SENATE—Monday, October 30, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 5 p.m., on the ex- morrow morning will occur at 7 p.m. those bills, whether he is going to veto piration of the recess, and was called to Senators should be aware that votes on them or sign them. order by the President pro tempore continuing resolutions are expected I know the majority leader is aware [Mr. THURMOND]. each day. Senators should also be of all the problems that this Congress aware that multiple votes could occur faces, but I hope that we exert any in- PRAYER each day starting tomorrow. Negotia- fluence any of us have to try to work The Chaplain, Dr. Lloyd John tions are ongoing, and it is still hoped out this Labor-HHS bill. I think if that Ogilvie, offered the following prayer: that agreements can be made to wrap were worked out, we could probably re- Dear God, the very time of the day of up the 106th Congress prior to the elec- solve the other issues, or at least I this opening of the Senate puts an ex- tions. hope so. There are a few other issues clamation point to our prayer for Your I thank my colleagues for their at- such as assisted suicide and immigra- help in the negotiations between the tention. tion that would still be outstanding, Congress and the President. As nature Mr. REID. Mr. President, if I could but hopefully we could resolve those if abhors a vacuum, You deplore dead- ask a question of the acting majority we got this big final spending bill done. locks that debilitate progress. We leader. Mr. SESSIONS. I am sure the major- know that when we seek Your problem- The PRESIDENT pro tempore. The ity leader would work toward that end. solving power, there are no Senator from Nevada. I know it has been his goal since this unresolvable differences. Nothing is Mr. REID. I thank the Chair. I am Congress began to move the appropria- impossible with You. And yet You have wondering if the Senator from Ala- tions bills to not find us at this point. ordained that we must ask for Your bama would check with the majority Frankly, I am sympathetic with the intervention. Then mysteriously You leader to give us some idea of when he fact that he has tried to do that and work in the minds and hearts of all in- is planning to come in tomorrow; he is has been frustrated time and again. I volved to discover solutions and com- planing multiple votes. Numerous peo- think some people wanted us to end up promises that will bring resolution to ple have been calling and asking about in this very position, and they got the conflicts of wills as well as dif- that today. their wish. And as far as I am con- ferences about what is best for our Na- Mr. SESSIONS. What I understand is cerned, we can stay here until January tion. this, that the majority leader has made 1 or December 31 to do our business. We humbly confess our need for You, this proposal to the Democratic leader Wiser people will decide that. Lord. Times like these put intensity which has not been accepted as of yet; Mr. REID. You don’t mind if we take and intentionality into our motto, ‘‘In that he would ask unanimous consent at least a day or two for Thanksgiving God We Trust.’’ We do trust in You, we stand in recess when we complete and Christmas, do you? Lord. Give all involved in this present our business today until 5 p.m. Tues- Mr. SESSIONS. I do prefer to take off conflict the desire to set aside political day, and that the time between 5 p.m. Christmas. But we have a high duty to advantages. You have promised that if and 7 p.m. be a period for morning busi- do our work and do it right. we pray with complete trust, You will ness with the time equally divided, and I thank the Senator for his com- accomplish what seems to be humanly that at 7 p.m. the Senate proceed to ments, and I note that he desires, and impossible. Thank You for hearing our consider the 1-day continuing resolu- I do, that we reach an accord. prayer. You are our Lord and Saviour. tion and a vote occur immediately on I yield the floor and note the absence Amen. the resolution when it is received from of a quorum. the House without amendments, de- The PRESIDENT pro tempore. The f bate, or motions in order. That will be clerk will call the roll. PLEDGE OF ALLEGIANCE the proposal at this point, as I under- The legislative clerk proceeded to stand it. But I am sure the majority The Honorable JEFF SESSIONS, a Sen- call the roll. leader would be open to improvements. Mr. REID. Mr. President, I ask unan- ator from the State of Alabama, led Mr. REID. Well, I say to my friend, I the Pledge of Allegiance, as follows: imous consent that the order for the guess the good news is that ultimately quorum call be rescinded. I pledge allegiance to the Flag of the there will have to be an end to the United States of America, and to the Repub- The PRESIDING OFFICER (Mr. SES- 106th Congress because the calendar is SIONS). Without objection, it is so or- lic for which it stands, one nation under God, going to run out eventually. I hope we indivisible, with liberty and justice for all. dered. will see fit to maybe wrap up the work f we have. f RECOGNITION OF THE ACTING As you know, there has been tremen- MAJORITY LEADER dous work on Labor-HHS during the past 24 hours. Early this morning we MORNING BUSINESS The PRESIDENT pro tempore. Sen- thought we had an agreement worked Mr. REID. Mr. President, it is my un- ator SESSIONS is recognized. out. As you know, my counterpart in derstanding that we are in a period of f the House on the Republican side, I un- morning business and that the time derstand, threw what we refer to as a used by the Senator from Alabama and SCHEDULE monkey wrench into the proposed the Senator from Nevada will be de- Mr. SESSIONS. On behalf of the ma- workout of the Labor-HHS bill which ducted from the 2 hours that are evenly jority leader, I note that today the now, it is my understanding, is in fur- divided for morning business, that the Senate will be in a period of morning ther negotiations. Democrats have the first half and the business until 7 p.m., with Senators Time is really working very fast Republicans have the second half. Is DOMENICI and REID in control of the against us. As you know, we have sent that accurate? time. A vote on a continuing resolution a number of bills to the President. He The PRESIDING OFFICER. Without that funds the Government until to- is going to have to make a decision on objection, it is so ordered.

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

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25473 SOCIAL SECURITY SCHEME payers want to see long-term fixes to ensure vocate for a minimum wage increase is its solvency. Mr. REID. Mr. President, what I the State of Texas has one that is al- would like to do for a few minutes is Mr. President, the fact is that Gov- most $2 an hour less than the Federal talk about the Governor of Texas and ernor Bush’s plan ruins Social Security minimum wage. his plan regarding Social Security. I and ruins our economy. That is not a In some States, the wages are much will not go into a lot of detail other very good duo, as far as I am con- higher. You have some jurisdictions than to say that the actuarials that are cerned, when you take into consider- that have a minimum wage as much as cited show that his plan is impossible ation that Social Security is the most $11 an hour. But here we don’t. We have because he is promising the same tril- successful social program in the his- a $5.15 minimum wage. We want to in- lion dollars to two different groups, tory of the world. crease it 50 cents an hour. We are get- and in effect, the plan, just in a few We need to make sure that we do ting all kinds of static for trying to do short years, would bankrupt the coun- what we can to strengthen the pro- that. We need to do that. try and we would have staggering defi- gram. Governor Bush’s program weak- Campaign finance reform: Certainly cits again. ens the program. with this campaign season, people un- So that those within the sound of my f derstand how we have to do something to take money out of campaigns. We voice do not think that these state- MEANINGFUL LEGISLATIVE need to have campaigns more meaning- ments that I am making are coming ACCOMPLISHMENTS from the Democratic Senatorial Cam- ful. It shouldn’t be how much money Mr. REID. Mr. President, I find my- paign Committee or the Democratic you are able to raise. It should be what self in amazement when I hear the Re- National Committee, let me read a the merits of your claims are. publican’s spin that the Democrats number of quotes. As we get closer to Halloween, the First of all, from Ron played partisan politics in this Con- debt of the American people should Gebhardtsbauer, who is Senior Pension gress. scare them more than any ghost. In- Fellow at the American Academy of The truth is, we have repeatedly stead of giving them treats, this Re- Actuaries, who said: asked for the Republican leadership to publican Congress, in my opinion, work with us so we could have mean- ‘‘I don’t see any way they pay off the pub- played a dirty trick on the American lic debt.’’ And given Bush’s large package of ingful legislative accomplishments for people. They are scheming to drive a tax cuts, ‘‘in 2015 the budget will go nega- the people in Nevada and in other stake through the heart of the positive tive. There won’t be a surplus anymore.’’ States represented in this body. Democratic agenda—an agenda that Paul Krugman, economist and col- These legislative accomplishments could make a real difference in the umnist for the New York Times stated should include meaningful prescription lives of working people. on October 29: drug benefits that help people—not the We do not have the legislative ac- HMOs; a meaningful Patients’ Bill of George W. Bush’s proposal, admittedly, complishments that we need. Instead does not count on the stupidity of markets. Rights—benefits to ensure the Amer- we have accomplishments that could Instead, he trusts the people: voters are not ican people receive the urgent medical have been. supposed to notice that the same pool of care they need rather than an HMO I know that there are others here money is promised to two different groups of litigation protection bill; meaningful wishing to speak. We have a limited people. funding for education; that is, funding amount of time. Secretary of Treasury Lawrence for school construction, repair, and I see my friends from Illinois and Summers, who, by the way, is not only modernization rather than denying Minnesota. I would be happy to yield Secretary of Treasury and a brilliant States any Federal assistance to main- my time to either of them. academician but is also a fiduciary tain our Nation’s schools. How much time does the Senator with the Social Security trust fund and We always hear that this takes away from Illinois desire? has an obligation in that regard also, from local control. No one on this side Mr. DURBIN. I would like to ask for here is what he says: of the aisle wants to take local control 20 minutes. Now, there is of course, a Social Security away from schools. Mr. REID. How much time do we surplus of approximately $2 trillion over the We have many programs that we have, Mr. President? next 10 years. That surplus is currently ear- have worked on that have been very The PRESIDING OFFICER. Forty- marked to pay the guaranteed benefits for helpful in school districts. five minutes. the baby boom generation when it retires. If I have not heard a single person from Mr. REID. I give 20 minutes to the that surplus is diverted to new accounts, the Clark County School District, the then the resources will not be there to pay Senator from Illinois. the guaranteed benefits when the baby boom sixth largest school district in the The PRESIDING OFFICER. The Sen- generation retires. country—basically Las Vegas—com- ator from Illinois is recognized for 20 plain about too much Federal money, Robert Ball, former Commissioner of minutes. or too much Federal control. Quite the the Social Security Administration, Mr. DURBIN. Thank you, Mr. Presi- opposite. The calls I get are for more said on October 27, just a few days ago: dent. I ask the Chair to advise me when help, especially school construction I have consumed 10 minutes. I’ve looked over Governor Bush’s plan. He and repair and modernization. takes one trillion dollars out of Social Secu- Thank you, Mr. President. rity for savings accounts. But Social Secu- I think we need a meaningful tax cut; f that is, a significant tax to ensure we rity is counting on that money to pay bene- THE AMERICAN CHOICE fits. His plan simply doesn’t add up and can still pay down the debt rather than would undermine Social Security. a tax cut of such magnitude that we Mr. DURBIN. Mr. President, let me Henry J. Aaron and Alan Blinder, forget our current obligations; targeted follow up on a statement made by the Century Foundation Study of Governor tax cuts, for example, that would allow Senator from Nevada about the choice Bush’s Social Security proposal, Wash- a child to go to school not based upon the American people are facing in just ington Post, August 24: how much money the parents have but a very few days. In a recent report, we showed that Social how much ability they have. A tax I think if you believe that governing Security retirement benefits would have to credit to allow the parents to deduct America is easy business, then the be cut as much as 54 percent to restore bal- up to $10,000 a year per child would be choice is easy, too. ance under a Bush-style privatization plan. most helpful to the American people. I happen to think that the set of cir- In an editorial in the New York That is what we call a targeted tax cut. cumstances the next President will Times yesterday: Of course, we need a minimum wage in- face is pretty challenging. The governor’s scheme would siphon crease. I can recall only a few years ago on money out of Social Security at the very Speaking of Governor Bush, the rea- the floor of the Senate when we spent moment when both seniors and younger tax- son Governor Bush has not been an ad- most of our time debating deficits and

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25474 CONGRESSIONAL RECORD—SENATE October 30, 2000 talking about constitutional amend- That is the difference. That is the lot of other baby boomers across Amer- ments to end deficits. But now we are choice. I think a lot of people in this ican who are caring for their parents. debating surpluses. What are we going election want to overlook a little his- That is the difference. That is the to do with the extra money? tory. Let me share some of that his- choice. It really is a graphic choice. We believe on the Democratic side tory. If you look at this chart, there has that the first obligation has to be to Mr. REID. Will the Senator yield? been a suggestion that having sur- reduce the national debt so that our I ask unanimous consent that the pluses at the Federal level must be kids don’t carry that burden, and time I consume asking questions not be easy, so anybody can do it, yet history strengthening Social Security and charged against the Senator from Illi- tells otherwise. It wasn’t until halfway Medicare. We believe that after we nois. through the Clinton-Gore administra- have met those obligations, we should The PRESIDING OFFICER. It will be tion that we finally turned the corner, target tax cuts to help the middle-in- charged against the Democratic time. and now we are generating the largest come and working families deal with Mr. REID. I say to my friend from Il- surplus in history. We are paying down problems that are meaningful, prob- linois, does the Senator agree the best America’s debt for the first time. lems such as paying for college edu- tax cut the American people could get Look at all the red ink that occurred cation for their kids. would be if they paid down the national under Ronald Reagan and President We believe on the Democratic side we debt? That would give Bill Gates a George Bush and the early years of the should be able to deduct up to $12,000 a break and everybody in America a Clinton administration. We finally year of tuition fees paid for your chil- break; is that not true? turned this corner in the belief we dren in college. I have taken that Mr. DURBIN. The Senator from Ne- could do a $1.6 trillion tax cut for the across the State of Illinois, a pretty di- vada is right. If we pay down our debt, wealthiest people and take $1 trillion verse State, and it is widely accepted. we stop borrowing to service the debt. out of the Social Security surplus and People believe that is an excellent As we stop borrowing, the demand for use it for some privatization scheme. change in the Tax Code. capital goes down. That is, the cost of Frankly, I don’t think that is respon- We also want to give families—work- capital goes down, which is the interest sible. If I owe anything to the people of ing families, single mothers, too, for rate. As interest rates go down, every Illinois and this country, it is to main- that matter, who need to have good family in America can feel it on their tain the economic growth and pros- quality day care—an additional tax mortgage payment, on their loan for perity we have seen. credit so they can afford to leave their school payment, or their auto pay- Let me mention one other point. kids in safe day care. We say to the ment. That is as good as, if not better Basic economics says Alan Greenspan’s mother who wants to make the sac- than, a tax cut, if we reduce that bur- greatest fear is inflation. Every time rifice to stay home with the kids, you den on our kids and bring down the in- he thinks we are moving toward infla- deserve a tax break too; you are mak- terest rates in the process. tion, what does he do? He raises inter- ing a sacrifice. Our Tax Code should Mr. REID. One more question I want est rates a notch and slows things recognize that. That is targeted tax to ask my friend from Illinois. I have a down. I can also say you can create in- cuts the Democrats support. long-time friend; we went to high So many people have aging parent flation with government spending or and grandparents. We want to increase school together. We were inseparable tax reductions. Injecting $1.6 trillion the deductibility of expenses incurred friends. He was my chief of staff until into our Nation’s economy through tax in caring for their parents. Baby he retired 2 years ago. His mother has cuts will energize the economy and cre- boomers have noted their parents need been very ill. She passed away last ate inflationary pressure, forcing the extra help as they live a longer life. night. Federal Reserve to raise interest rates They need extra assistance. We want to The point I want to make is this: My in response. be there. The Tax Code should support friend’s sister, my friend Gloria, with So George W. Bush gives a tax break families who do their best to help rel- whom I also went to high school, spent on one hand and creates an economic atives, to help their parents. many months caring for her mother in circumstance that raises interest rates We believe, bringing this together, her home. She gave up her job. It was on the other. You get to take your new we can keep America moving forward a tremendous burden, but it was her tax break and pay for a higher ARM, because we won’t be embarking on a mother. She did it; she is a caring per- your adjustable rate mortgage on your risky tax scheme, one that has been son; she gave up her life to take care of home. There is no benefit to your fam- proposed by Governor Bush. The idea of her aged mother. ily. There is a real benefit if you reduce $1.6 trillion in tax cuts, 40 percent of Do you know what tax break she got the debt, the deficit of this country, which go to the wealthiest people in from that? Nothing. and make sure our kids don’t bear that America, is a bitter pill to swallow. As I understand what my friend is burden. Who are the top 1 percent wage earners saying, the Senator thinks we should Mr. REID. Will the Senator yield? in America? People who make over spend a little bit of this surplus to give Mr. DURBIN. Yes. $25,000 a month, over $300,000 a year. my friend Gloria a tax break so that Mr. REID. I see the illustrative Governor Bush says these poor strug- she and other people similarly situated chart. It appears to me every year that gling people making only $300,000 a who are willing to take care of their President Clinton has been in power, in year need a tax break, $2,000 a month mother or other loved ones—and there office, the deficit has gone down. Does worth of a tax break. is no better care that can be given— the Senator from Illinois—and I was in I am sorry, but, frankly, I prefer to should be given some kind of tax incen- Congress in 1993 when we took a very target that tax break to the people who tive for doing this; is that what my tough vote, the Clinton budget deficit really need it. A fellow such as Bill friend is saying? reduction act was a tough veto. Not a Gates at Microsoft has been very suc- Mr. DURBIN. That is exactly right. If single Republican voted for it in the cessful, God bless him for his cre- you really believe in family values, is House, not a single Republican over ativity, but this man’s net worth is there a stronger family value than a here. AL GORE came over and broke the greater as an individual than the com- son or daughter willing to sacrifice for tie. bined net worth of 106 million Ameri- an aging and ailing parent? If we are Would the Senator agree with me, cans. Does he need Governor Bush’s tax going to support family values with the that is what put the country on the break? I don’t think so. I know a lot of Tax Code, shouldn’t we include in that road to economic recovery where we families across Illinois want to have a Tax Code some assistance for your created 22 million jobs—the lowest un- tax break to send one of their kids to friend and her situation? They would employment in 40 years—we have sur- college so that kid might have a give $2,000 in tax breaks to Bill Gates, pluses instead of deficits; we have a chance to have a successful career and and he wouldn’t even notice it. I am Federal Government today that is business or whatever they choose. telling you, your friend will, as will a 300,000 people fewer than when GORE

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25475 and Clinton took office? Does the Sen- Look at the inflation rate. This is They went on to say: ator believe that is the reason this the lowest level since 1965. Inflation Texas Governor George W. Bush’s plan to chart is illustrated the way it is? being low means a lot of people can un- cut taxes and divert Social Security payroll Mr. DURBIN. I don’t think there is derstand that their take-home pay is taxes to establish individual accounts would any doubt. It was a tough vote, and we still worth a lot if it keeps up with in- make it all but impossible to eliminate the both know some of our colleagues lost flation. publicly held national debt. their reelection campaigns because of In the bad old days, we had inflation The PRESIDING OFFICER. The Sen- it, because people demagogued and said rates in double digits. Now we are down ator asked to be advised when he had 10 it was the biggest tax increase. to an inflation rate that is below 3 per- minutes remaining. There are 10 min- It was on the wealthiest people in the cent. People who are always left out in utes remaining country and also the biggest tax cut in this equation are the poorest in Amer- Mr. DURBIN. I thank the Chair. history, and it was right thing to do. It ica. We see now the lowest poverty rate The program is a pay-as-you-go sys- was the right medicine. People on Wall in two decades was in 1999. It means ba- tem, meaning most of the payroll taxes Street and the business community sically we have not just helped those collected now are disbursed to recipi- know we finally have a President who the best off in America, we have tried ents. We say, If we draw money out of will take a difficult but necessary path to help everybody. That means more Social Security, and we know we need toward bringing us to a surplus econ- job creation bringing more people off to have it, how do you replace it? He omy. That is exactly what has hap- welfare, and our welfare rolls are the was asked repeatedly in the third de- pened. lowest they have been in modern mem- bate: Governor Bush, how do you re- To think this could happen under any ory. All these positive things have oc- place the $1 trillion you take out of So- President, I say, is wishful thinking, curred. The question people have to cial Security? He cannot answer the because I have served under three face in the election on November 7 is question because the hard answer to Presidents and I can say in the early basically the same election question that question is the only way to re- days we didn’t see any indication that Ronald Reagan posed many years ago: place it is to take one of three options: the deficits were going to decrease. In Are you better off today than you were Reduce Social Security benefits; raise fact, just the opposite is true. We can 8 years ago? For the vast majority of the payroll tax on Social Security; or see in the President George Bush era Americans the answer is, overwhelm- somehow extend the retirement age be- the deficits were increasing each year. ingly, yes. There is a fear, of course, yond 67. It wasn’t until the Clinton-Gore admin- unless we make the right decisions and I do not think any of those is a pop- istration started that the deficits were elect the right leaders, we could jeop- ular option. I hope we never have to reduced, leading to a surplus. ardize that situation. face them, but if Governor Bush is Then take a look at the overall im- Look at Federal spending. I noticed going to propose massive changes in pact to which the Senator from Nevada George W. Bush goes around saying AL Social Security, then he has to face the alludes. We are in the longest economic GORE wants to spend more and more at music and explain it to the American expansion in the history of the United the Federal level, but this chart shows people before the election. States of America, 115 months. We spending is moving in the opposite di- I would like to address a separate have seen the effort made, the longest rection. Since the election of Bill Clin- issue, but one equally important in sustained surplus coming out of our ton in 1992, we have seen a steady de- this debate over the next President of Federal deficit in our history. We have cline of Federal spending as a percent- the United States. seen more money generated to pay age of our gross domestic product. Our down debt than at any time in our his- spending is more effective. We are try- f tory. What does it mean? ing to do things that are important for U.S. OVERSEAS DEPLOYMENTS As the Senator has noted, the unem- America, and it has been evidenced in Mr. DURBIN. Mr. President, the pace ployment rate of this country has been our economy and economic growth. of U.S. deployments and the use of coming down steadily since 1992, the Take a look a little more closely at force overseas has been a hot issue in election of Bill Clinton and AL GORE. the tax cut that would be happening policy debates in Congress and on the We can see the unemployment rate is here under the proposals we have seen campaign trail. Presidential candidate, the lowest peacetime level in 42 years. from George W. Bush. We see basically Governor George W. Bush, says that he This does not happen automatically. It the average tax cut for the lowest 20 will put an end to the Clinton Adminis- isn’t just something we can expect to percent of Americans ends up this year tration’s ‘‘vague, aimless and endless see automatically. We have to make being worth about $18. If you happen to deployments;’’ that he would replace the right choices. Some of them are be in the top 1 percent, it is worth over ‘‘uncertain missions with well-defined difficult. Some are painful. Some are $4,000. As you look at these, you under- objectives.’’ easily demagogued in 30-second ads. stand this is a clear choice. These choices have paid off for Amer- I want to go back to one point made So the question is: Has the President ica. by the Senator from Nevada. I think it improperly committed our forces over- Let me show the Senator from Ne- is an important one. Last week it seas in major missions and at an un- vada some charts to back up other wasn’t the Democratic Party, it wasn’t precedented rate compared to his pred- things he said: 22 million new jobs have the Republican Party, it was the Amer- ecessors? I don’t think so. I want to been created under the Clinton-Gore ican Academy of Actuaries that ana- take some time today to look at the administration. Is this something that lyzed the George W. Bush proposal for deployments in question and at deploy- is easy to do? Obviously, President Social Security. This is a group that is ment statistics. I ask unanimous con- George Bush couldn’t do it. In his 4 supposed to know their business when sent to have printed in the RECORD the years, he managed to create some 2.5 it comes to analyzing what policy lists of deployments, so Americans can million jobs; President Reagan, 16 mil- changes would mean. judge for themselves if they think lion under his 8-year period. But 22 mil- Here is what they said in their re- there were missions that the military lion were created across this country lease of October 27: Bush’s plan on So- should not have undertaken. in Clinton-Gore. cial Security would signal a return to The PRESIDING OFFICER. Without There used to be a debate whether we Federal budget deficits around 2015. objection, it is so ordered. value work. Since I was a little boy How could that be good for America? (See Exhibit 1.) growing up in my family, work was im- How could it be good for us to go back Mr. DURBIN. I want to look at why portant. You proved your mettle as a to a deficit situation, adding to our na- a deployment of between 10,000 and person by going to work. Now 22 mil- tional debt and drawing more money 30,000 soldiers to the Balkans, or de- lion Americans have a chance to go to out of the economy to pay interest on ployments of several thousand military work and their chance to realize the it, raising interest rates, creating an personnel at a time for disaster relief America dream. inflationary spiral? or humanitarian aid could disrupt a

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25476 CONGRESSIONAL RECORD—SENATE October 30, 2000 military that has a combined force of Of the 100,000 troops currently de- Let me provide that scrutiny using about 2.2 million active and reserve ployed long-term away from home, CRS’ numbers. personnel. only 10,500 or a little over 10 percent Of the 49 instances of use of force The hardships suffered by our men are deployed by the Clinton Adminis- cited in the CRS report, 14 were either and women in uniform are painfully tration—to the Balkans. The rest of evacuations of U.S. citizens from Third real and should not be understated. I the major long-term deployments were World countries or minor increases in salute the sacrifices our soldiers, sail- inherited, including deployments in security at U.S. embassies. This is ors, airmen, and marines are making Japan, the Korean peninsula, the Per- hardly the troop deployment depicted everyday to defend our national secu- sian Gulf, and Navy deployments in the by the critics of the Clinton adminis- rity. Many of these hardships have Western Pacific and the Mediterra- tration. Moreover, 24 other uses of arisen because the world has changed nean, as well as the mission that went force were merely continuing oper- drastically and so has our military. wrong in Somalia. The only other ations or simply status reports about Our military has changed from a major mission that the Clinton Admin- continuing operations, 5 of those sepa- post-World War II forward-based force istration took on that it did not in- rate entries for status reports on to much more of a projection force. herit was to Haiti; and contrary to peacekeeping operations in the Bal- When we talk about deployments going what Governor Bush said during the kans. up, we are talking about times when second Presidential debate, that mis- There are 7 separate citations regard- we send our forces away from their sion is over. ing air attacks on Iraqi ground targets home bases and their families. After I have seen many figures bandied after the gulf war. World War II, we had a half million about claiming that the Clinton Ad- The analysis suggests the numbers troops stationed in Europe, but with ministration has used force at a much have been misused. Frankly, it raises a their families, if they had families. greater pace than Presidents Bush and question of whether or not the military Those troops were not considered ‘‘de- Reagan before him. Where do these has been used effectively over the past ployed,’’ because they were based claims come from? 8 years. I certainly think it has. There were 4 entries regarding the there. So when people talk about a For example, an op-ed in The Wall deployment of troops in Haiti—3 of massive increase in deployments, they Street Journal on October 18th by which were reporting on the number of are generally not counting those who Mackubin Thomas Owens from the troops coming home! But those ‘‘count- are stationed in overseas bases. Naval War College and the Lexington ed’’ as uses of force by the Clinton Ad- That is how having 10,500 soldiers in Institute, says that: ministration. So did reductions in US the Balkans today can be considered Deployments have increased three-fold forces from Bosnia. and counted as a major deployment, during the Clinton years. The largest deployment under Presi- but stationing a half million troops in He further stated: dent Clinton—some 30,000 troops to Europe from the end of World War II These deployments have included some Bosnia for peacekeeping missions—is through the 1980s is not even counted combat missions, but have consisted pri- dwarfed by the 600,000+ troops sent to as a deployment by classic definition. marily of open-ended peacekeeping and hu- the Persian Gulf during Desert Shield/ Our military has also changed dras- manitarian operations—48 missions, to be precise, from 1992 to 1999. Storm under President Bush, yet the tically. It used to be a force of mainly deployment to Bosnia counts for 15 en- single, young men. Today, our forces Apparently, a 1999 Congressional Re- tries in the CRS report, and the entire are filled with married men and search Service report, Instances of Use Gulf War, only one. The invasion of women, many of whom also have chil- of United States Armed Forces Abroad, Grenada with 8,800 US troops has but a dren. So deploying them on repeated 1798—1999, was used to substantiate single entry. missions overseas, along with frequent these claims. Specifically, the CRS re- The entries for the Clinton years in- job changes, as well as being over- port shows that during the Reagan and cluded many instances of rescuing worked at their home bases, creates se- Bush administrations there were 17 and American citizens or humanitarian aid. rious hardships for family life. 16 uses of force overseas respectively. Yet there were very few such instances I submit today that many of the This compares to 49 uses of force over- for the Reagan-Bush years. It seems problems encountered by our men and seas during the first 7 years of the Clin- unlikely that hardly any U.S. citizens women in uniform are related to the ton administration. needed rescuing during those years, so ways our military is organized and Unfortunately, reading the CRS re- I suspect such entries are simply miss- managed, based on the assumptions de- port this way is a gross misrepresenta- ing. veloped following our experience in tion of the facts and an absurd misuse How do we make sense of these num- World War II. I recommend to my col- of the CRS report, which was intended bers? leagues an excellent, thoughtful paper, only to be a compendium or rough sur- If we sort out all the multiple entries entitled ‘‘It’s The Personnel System,’’ vey of the range of uses of force. CRS for the same deployment, as well as the by John C. F. Tillson of the Institute and its fine analysts should not be minor deployments for embassy secu- for Defense Analysis. His paper ex- blamed for the poor analysis of others rity and evacuations, it becomes clear plores the personnel and organizational who used the report as a source. that the number of distinct uses of assumptions that underlie the mili- For instances of use of force in recent force by the Clinton Administration is tary, as well as the intersection of de- years, the CRS report is just a list of not that different from the Bush or ployment tempo, personnel, or job- times when the President and Defense Reagan years. changing tempo, and operating tempo Secretary reported to Congress con- Deconstructing the CRS instances of at home bases. sistent with the 1973 War Powers Reso- use of force to include only distinct These are complex problems that re- lution, and the report notes that the uses of force, we find that: over 8 years, quire serious thought. I think it is very instances of use of force listed vary there were 16 distinct uses of force by sad that these issues would be reduced greatly in size and significance. The President Reagan, the major one the to a conclusion that the United States degree to which each President reports invasion of Grenada; 13 uses of force must pull out of our leadership role in to and consults with Congress on war over the 4 years of the Bush Adminis- the world instead of addressing those powers matters varies greatly. The tration, the major ones being Panama, problems head-on. Clinton Administration has reported to the Persian Gulf, and Somalia; and 13 What are those unending missions Congress diligently. To simply add up uses of force for 7 years of the Clinton that the Clinton Administration has each instance without reading and ana- Administration, the major ones being gotten us into? Most of them were in- lyzing them inevitably leads to a gross Haiti, Bosnia and Kosovo. herited from the Bush administration misinterpretation of the facts and to The misuse of the CRS report was an or Ronald Reagan’s administration, or conclusions that cannot survive serious egregious distortion of the Clinton Ad- even earlier ones. scrutiny. ministration’s record. To set the record

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25477 straight, I asked the Defense Depart- Overseas Smaller-Scale Contingency talion. Soldiers on individual permanent ment what its numbers show. Operations’’ and another entitled change of station order man to Support Bat- First, I should note that there is no ‘‘Operational Deployments’’ be printed talion, while battalion-sized task forces of approx. 530 personnel, rotate about every six uniform method for counting deploy- in the RECORD. ments at the Defense Department; There being no objection, the mate- months. some count training and exercises as rial was ordered to be printed in the JOINT TASK FORCE (JTF) BRAVO deployments, and some count domestic RECORD as follows: Regional Cooperative Security—Honduras. missions, like fighting the fires in the Conducts and supports joint, combined and West or helping with Hurricane Andrew MAJOR OVERSEAS SMALLER-SCALE CONTINGENCY interagency operations to enhance regional clean-up. OPERATIONS security and stability in the U.S. Southern Command Joint Operations Area. Estab- In March 1999, Defense Secretary Wil- [Involving the deployment of 500 or more U.S. Armed Forces personnel— March 1991–February 1999] lished in Aug 84, at Soto Cano Air Base, Hon- liam S. Cohen sent a report to Congress duras, the task force coordinates the pres- entitled, ‘‘U.S. Military Involvement in Location Operation Dates ence of U.S. forces in Belize, Guatemala, El Major Smaller-Scale Contingencies Salvador, Honduras, Nicaragua and Costa Since the Persian Gulf War.’’ In that CRISIS RESPONSE/SHOW OF FORCE Kuwait ...... Vigilant Warrior ...... Oct–Dec 94. Rica. report, Secretary Cohen notes that: Vigilant Sentinel ...... Aug–Dec 95. JUST CAUSE . . . since the end of the Persian Gulf War Iraq ...... Desert Thunder ...... Oct 97–Nov 98. Limited Conventional Conflict—Panama. in February 1991, U.S. military forces have LIMITED STRIKE In December 1989, the National Assembly of conducted or participated in approximately Bosnia ...... Deliberate Force ...... Aug–Sep 95. Panama declared that a state of war existed 50 named, overseas SSCs [small-scale contin- Iraq ...... Desert Strike ...... Sep 96. Desert Fox ...... Dec 98. with the U.S. On 20 December 1989, U.S. gencies] involving the deployment of 500 or forces launched attacks. Objectives were to more military personnel at any one time. NONCOMBATANT EVACUATION OPERATIONS protect U.S. lives and key sites and facili- This includes three crisis response/show of Liberia ...... ITF Liberia ...... Oct 92. Rwanda ...... Distant Runner ...... Apr 94. ties; capture and deliver Noriega; neutralize force operations, three limited strike oper- Liberia ...... Assured Response ...... Apr–Aug 96. Panamanian Defense Forces (PDF) forces ations, ten noncombatant evacuation oper- Central African Republic Quick Response ...... May 96. ations, four no-fly zone enforcement oper- Zaire ...... Guardian Retrieval ...... May–Jun 97. and command and control; support establish- Albania ...... Silver Wake ...... Mar–Jul 97. ment of U.S.-recognized government in Pan- ations, three maritime sanctions enforce- Sierre Leone ...... Noble Obelisk ...... May–Jun 97. ment operations, six migrant operations, ten Cambodia/Thailand ...... Bevel Edge ...... Jul 97. ama; and restructure the PDF. peace operations, ten humanitarian assist- Indonesia ...... Bevel Incline ...... May 98. DESERT SHIELD/DESERT STORM ance operations, and one operation to pro- NO-FLY ZONE ENFORCEMENT Regional Conventional Conflict—Persian vide emergency overseas assistance to other Iraq ...... Northern Watch ...... Aug 92–present. Gulf. Restoration of Kuwait’s sovereignty by U.S. government agencies. Persian Gulf ...... Southern Watch ...... Aug 92–present. Bosnia ...... Deny Flight ...... Apr 93–Dec 95. military force from Saddam Hussein. The en- I asked the Defense Department for Deliberate Guard ...... Dec 96–Apr 98. suing war and economic embargo decimated more detail, so DoD also sent me sup- MARITIME SANCTIONS ENFORCEMENT Iraq’s military infrastructure, severed com- porting data for the Secretary’s report, Adriatic Sea ...... Maritime Monitor ...... Jun–Dec 92. munication and supply lines, smashed weap- Maritime Guard ...... Dec 92–Jun 93. ons arsenals and destroyed morale. showing 60 contingencies from 1980– Sharp Guard ...... June 93–Sep 96. 1999—26 from 1980–1992, the Reagan- Decisive Enhancement Dec 95–Dec 96. DESERT FALCON Bush years, and 34 during the Clinton MIGRANT OPERATIONS Force Protection—Saudi Arabia/Kuwait. Administration. Instead of 50 since Cuba (Guantanamo) ...... Safe Harbor ...... Nov 91–Jun 93. Began 1991. Air and missile defense of Saudi Cuba (Haitian/Cuban) ..... Sea Signal ...... May 94–Feb 96. Arabia and Kuwait. JFCOM and EUCOM pro- February 1991 mentioned in the Sec- Carbbean (Haitian) ...... Able Vigil ...... Aug–Sep 94. retary’s report, it lists 44 contingencies Panama (Cuban) ...... Safe Haven ...... Sep–Feb 95. vide Patriot Air Defense Task Forces (750 since then. Cuba (Cuban) ...... Safe Passage ...... Jan–Feb 95. soldiers) on a rotational basis for contin- Guam (Kurds) ...... Pacific Haven ...... Sep 96–Apr 97. gency employment in the Central Command The 34 contingencies during the Clin- area of responsibility. Task forces rotate ap- ton Administration are those missions PEACE OPERATIONS Sinai ...... Multinational Force & Apr 82–present. proximately every four to six months and that have a ‘‘name,’’ like ‘‘Avid Re- Observers. every third rotation is a U.S. Army Europe sponse’’ or ‘‘Sustain Hope.’’ The Macedonia ...... Able Security (UNPREDEP) Jun 93–present. Somalia ...... Continue Hope (UNOSOM May 93–Mar 94. responsibility. sources of this information are the re- II). SEA ANGEL ports to Congress consistent with the United Shield ...... Dec 94–Mar 95. Haiti ...... Uphold Democracy (MNF/ Sep 94–present. Humanitarian Assistance—Bangladesh. War Powers Resolution, just like the USSPTGP). Supported international relief and rescue ef- CRS report. However, the data doesn’t Restore Democracy Mar 95–Apr 96. (UNMIH). fort and deployment forces to Bangladesh in suffer from repetition, since it only Bosnia ...... Joint Endeavor (IFOR) ..... Dec 95–Dec 96. order to conduct humanitarian assistance uses named missions, so multiple re- Joint Guard 2 (SFOR) ... Dec 96–Jun 98. and disaster relief. Joint Forge 3 (SFOR/ Jun 98–present. ports were consolidated. These contin- FOF). PROVIDE COMFORT Kosovo ...... Eagle Eye ...... Oct 98–Mar 99. gencies also include many instances of Humanitarian Assistance—Northern Iraq. rescuing Americans or humanitarian HUMANITARIAN ASSISTANCE OPERATIONS (OVERSEAS) Establish a Combined Task Force, at the aid missions. Iraq ...... Provide Comfort ...... Apr 91–Dec 96. Bangladesh ...... Sea Angel ...... May–Jun 91. conclusion of the Gulf War, to enforce the However, almost all the data from Former Soviet Union ...... Provide Hope ...... Feb 92–Apr 92. no-fly zone in Northern Iraq and to support 1980–1991 uses that same CRS report, Bosnia ...... Provide Promise ...... Jul 92–Feb 96. coalition humanitarian relief operations for Somalia ...... Provide Relief ...... Aug 92–Dec 92. Instances of Use of United States Restore Hope ...... Dec 92–May 93. the Kurds and other displaced Iraqi civilians. Armed Forces Abroad, 1798–1999, as its Zaire ...... Support Hope ...... Jul–Oct 94. JOINT TASK FORCE (JTF) LIBERIA Rwanda/Zaire ...... Guardian Assistance ...... Nov–Dec 96. source, which may suffer from under- Central America ...... Strong Support ...... Oct 98–Mar 99. Noncombatant Evacuation Operations—Li- counting smaller deployments for that EMERGENCY OPERATIONS OVERSEAS IN SUPPORT OF OTHER U.S. beria. Protection and evacuation of Amer- time period. I would like to ask the De- GOVERNMENT AGENCIES ican citizens and designated third country fense Department today to look at its Tanzania/Kenya ...... Resolute Response ...... Aug 98–present. nationals in support of a State Department own internal data for the period on evacuation directive that reduced the num- which it relied on the CRS report. OPERATIONAL DEPLOYMENTS SINCE 1989 AND ber of at risk American citizens. I also asked the Army to provide me ONGOING RESTORE/CONTINUED HOPE with deployment data, which I would MULTINATIONAL FORCE AND OBSERVER (MFO) Humanitarian Assistance—Somalia. Mili- like to submit for the RECORD. The Peacekeeping—Sinai. Established by Pro- tary transports supported the multinational Army lists 38 deployments since 1989, tocol 26 Mar 79 to Peace Treaty between UN relief effort in Somalia. Restore Hope— including humanitarian assistance, Egypt and Israel. MFO assumed duties Apr Dec. 92–May 93: Deployed large U.S. and mul- noncombatant evacuations, and domes- 82. MFO is a peacekeeping operation under tinational U.N. force to secure major air- the auspices of the U.N. MFO operates ports, seaports, key installation and food tic disaster relief in Florida, Hawaii, checkpoints, reconnaissance patrols & obser- distribution points, and to provide open and California, Midwest floods, and West- vation posts to observe, report and periodi- free passage of relief supplies, with security ern fire-fighting. cally verify the implementation of the Peace for convoys and relief organizations and Mr. President, I ask unanimous con- Treaty. U.S. participation consists of an In- those supplying humanitarian relief. Con- sent that a document entitled ‘‘Major fantry Battalion & the 1st Support Bat- tinue Hope—1993–1994: Provided support to

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UN Operation In Somalia (UNOSOM II) to es- three man 1–4 CAV patrol came under fire VIGILANT SENTINAL tablish a secure environment for humani- and was abducted. Show of Force—Kuwait. In August 1995, tarian relief operations by provided per- SHARP GUARD Hussein tested U.S. resolve by moving a sig- sonnel, logistical, communications, intel- Sanction Enforcement—Former Republic nificant military force close to his country’s ligence support, a quick reaction force and of Yugoslavia. Enforced compliance with the border with Kuwait. Included protecting the other elements with 60 Army aircraft and U.N. sanctions against the former Republic physical security of U.S. allies in the Persian approx. 1,000 aviation personnel. of Yugoslavia to help contain the conflict in Gulf and on the Arabian Peninsula, deterring SOUTHERN WATCH the region and to create conditions for a aggression, countering threats to the peace Sanctions Enforcement—Saudi Arabia, Peace Agreement in Bosnia and Herzegovina. and stability of the Gulf region and main- Qatar and Kuwait. Multinational, joint oper- U.S. military operations were amended by taining U.S. access to key oil resources. ation with forces deployed throughout SWA. law (Nunn-Mitchell Act) to exclude enforce- JOINT ENDEAVOR/JOINT GUARD/JOINT FORGE CENTCOM forward-deployed HQ, JTF–SWA, ment of the arms embargo against Bosnia. Peacekeeping—Bosnia-Herzegovina. U.S. is located in Riyadh, Saudi Arabia. The mis- U.S. forces continued to provide air deployed forces to Bosnia-Herzegovina in sion is to enforce the No-Fly Zone in South- deconfliction and command and control to Dec 95 to monitor and enforce the Dayton ern Iraq. ARCENT maintains a forward pres- NATO. Peace Agreement (now the General Frame- ence in Kuwait, Saudi Arabia, and Qatar in WESTERN U.S. FIRES work Agreement for Peace or GFAP). Oper- support of OSW. ARCENT began its support Domestic Disaster Relief—Western United ation renamed Joint Guard in FY97. Joint of OSW in Apr. 91. During the Jan–Feb 98 cri- States. Forge (OJF) is NATO’s follow-on operations sis, CENTCOM activated another forward to Operation Joint Guard. OJF is the oper- HQ, C/JTF–KU, to command and control the VIGILANT WARRIOR ational plan to the Supreme Allied Com- operational forces deployed to Kuwait and Show of Force—Kuwait. In October 1994, mand Europe for Stabilization of the Peace maintain a forward presence HQ in Kuwait. when Iraq began moving ground forces to- in Bosnia and Herzegovina. Under the gen- PROVIDE PROMISE ward Kuwait, the President ordered an im- eral framework for peace, the Army’s mis- mediate response. Within days, the Humanitarian Assistance—Balkans. Hu- sion is to provide continued military pres- USCENTAF Commander and staff deployed ence to deter renewed hostilities, to continue manitarian relief operations in Bosnia- to Riyadh, SA and assumed command of Herzegovina and Croatia, entailing airlift of to promote a self-sustaining, safe and secure JTF–SWA. Operation involved ‘‘plus up’’ of environments and to stabilize and consoli- food and medical supplies to Sarajevo, air- air assets to more than 170 aircraft and 6,500 drop of relief supplies to Muslim-held en- date the peace in Bosnia. The Stabilization personnel. Objectives were to prohibit the Force (SFOR) supports the Dayton peace Ac- claves in Bosnia and construction of medical further enhancement of Iraqi military capa- facilities in Zagreb. cords through reconnaissance and surveil- bilities in southern Iraq, to compel the rede- lance patrols, monitoring border crossing HURRICANE ANDREW ployment of Iraqi forces north of the 32d par- points per UN Security Council Resolution Domestic Disaster Relief—Florida and allel and to demonstrate U.S. coalition re- 1160, enhancing security for displaced per- Louisiana. U.S. military provided disaster solve in enforcing U.N. resolution. Iraq re- sons and refugees and professionalizing the relief to victims of Hurricane Andrew, which called its troops and crisis passed. military. Task Force Eagle (TFE) Multi- ravaged portions of South Florida and Mor- SUPPORT HOPE national Division, North (MND(N)) is the gan City, LA. Humanitarian Assistance—Rwanda/Zaire. U.S. lead division of the SFOR. TYPHOON INIKI Establishment of refugee camps and provi- ASSURED RESPONSE Domestic Disaster Relief—Hawaii. U.S. sion of humanitarian relief to Rwandan refu- Non-Combatant Evacuation Operations— Army provided disaster relief to victims of gees in Eastern Zaire following the genocide Liberia. U.S. deployed forces on 7 Apr 96 to Hurricane Iniki which battered the island of in Rwanda. conduct evacuation of U.S. and foreign na- Kauai, Hawaii, with winds up to 165 miles per SEA SIGNAL tional citizens from Liberia. Joint Special hour in September 1992. Migrant Operations—Cuba. Establishment Operations Task Force deployed additional JOINT TASK FORCE (JTF) LOS ANGELES (LA of Joint Task Force—160, a combined service security forces to the U.S. embassy in Mon- RIOTS) task force that managed migrant caps for rovia and evacuated over 2,000 personnel in- cluding over 400 U.S. citizens. Domestic Civil Support—California. Haitians initially, and later Cubans as well, TAIWAN MANEUVER PROVIDE HOPE at Guantanamo Bay Naval Base. U.S. mili- tary personnel oversaw housing, feeding and Show of Force—Taiwan. Humanitarian Assistance—Former Soviet medical care for over 20,000 Haitians and DAKOTA FLOODS Union. Delivery of food and medical supplies 30,000 Cubans. Majority of Haitians migrants to 11 republics of the former Soviet Union, Domestic Disaster Relief—Western United were safely repatriated following the res- using military airlift, as well as sealift, rail States. toration of President Aristide (Operation Up- and road transportation. Personnel provided DESERT THUNDER I AND II hold Democracy). Cuban migrants at Guan- surplus Army medical equipment to hos- Show of Force—SWA. Provided military tanamo prior to the change in migration pol- pitals and delivered, installed and instructed presence and capability during negotiations icy in May 1995 were eventually brought into medical personnel on the use of the equip- between the UN and Iraq over weapons of the U.S. ment. mass destruction. In late 1997 and early 1998, UPHOLD DEMOCRACY DENY FLIGHT Iraq demonstrated an unwillingness to co- Peacekeeping Operations—Haiti. Move- Sanctions Enforcement—Bosnia. NATO en- operate with UN weapons inspectors. In Feb ment of forces to Haiti to support the return forcement of a No-Fly Zone over Bosnia- and Mar 98 troops were deployed to SWA in of Haitian democracy. Most of the force was Herzegovina from April 1993 to December response to Saddam Hussein’s defiance of UN airborne when Haitian officials agreed to 1995. U.S. soldiers deployed to Brindisi, Italy inspectors. During this large scale contin- peaceful transition of government and per- to support Operation Deny Flight. During gency deployment of Allied Forces into the missive entry of American forces in Sep 94. operation CPT Scott O’Grady was shot down theater in the spring of 1998, the size of U.S. U.S. transferred the peacekeeping respon- and was rescued by the combined efforts of Army Forces Central Command (ARCENT), sibilities to U.N. functions in Mar 95. the Army, Navy, Air Force and Marines. Third U.S. Army increased while at the same U.S. SUPPORT GROUP HAITI time relocated their HQ from the Eastern MIDWEST FLOODS Humanitarian Assistance—Haiti. Southern Province to its present location in Riyadh, Domestic Disaster Relief—Midwestern Command conducted civil and military oper- Saudi Arabia. States. ations in Haiti by exercising command and STRONG SUPPORT/HURRICANE MITCH ABLE SENTRY control and providing administrative, med- Humanitarian Assistance—South America. Peacekeeping—Macedonia. Part of the UN ical, force protection and limited logistical On 5 Nov 98, Secretary of Defense ordered de- Preventive Deployment (UNPREDEP) force support to deployed-for-training units con- ployment of forces to support relief oper- and responsible for surveillance and patrol ducting humanitarian and civic assistance ations in Southern Command. Hurricane operations for the FYROM border and force projects. Forces were initially deployed Mitch caused extensive flooding and mud protection. The UN mandate for the under the authority of Operation Uphold De- slides. The countries most seriously affected UNPREDEP force expired without renewal mocracy to restore Haitian President Jean were Honduras, Nicaragua, Guatemala and on 28 Feb 99. In late Mar 99, TFAS trans- Bertrand Aristide to power. In Mar 95, Oper- El Salvador, with over two million displaced ferred 3 of 4 outposts to the FYROM Army. ation Uphold Democracy continued as people and significant infrastructure dam- Refugees from Kosovo were beginning to USSPTGRP-Haiti. HQDA provided approx 60 age. Deployed forces provided aviation, logis- come across the border into Macedonia in soldiers on six month rotation and a 150 man tics, emergency evacuation, engineer assess- large numbers. On 31 Mar 99, while engaged infantry company for security operations. ment, road repair, communications and med- in routine activities inside the FYROM, a Mission ended Jan 00. ical care. Deployed forces reached a peak of

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25479 4,000+ in Dec 98. Operations continued until sion to provide bilateral assistance to Nige- When I read these lists, it makes me mid-April 1999. Ongoing work was continued ria, Ghana and Senegal to augment training proud of what our soldiers, sailors, air- under USAR & NG New Horizon exercises be- and provide equipment for battalions sched- men, and marines have done for our ginning in mid-Feb 99. uled to deploy for peacekeeping duties with the U.N. Assistance Mission in Sierra Leone. country and for the world, at great cost DESERT FOX to themselves and their family lives. Sanctions Enforcement—Kuwait. Bombing WESTERN FIRES campaign in Iraq. Operation DESERT FOX Domestic Disaster Relief—Montana and Clearly there is a national consensus was launched in response to Iraq’s repeated Idaho. Active duty soldiers deployed to Mon- that we have been over-working our refusals to comply with UN Security Council tana and Idaho to assist with and support troops and we need to look deeply into resolutions. Two task forces from Exercise firefighting efforts. what assumptions and management Intrinsic Action were operationalized. Mr. DURBIN. As a point of compari- systems we need to change to fix these ALLIED FORCE (JOINT TASK FORCE-NOBLE ANVIL/ son, the Institute for Defense Analysis problems—rather than decide that we TASK FORCE HAWK (IDA), under contract from the Defense must pull back from the world and Limited Conventional Conflict—Kosovo. Department, completed a study in Feb- from the vital national security mis- Joint Task Force-Noble Anvil was the U.S. ruary 1998 entitled, Frequency and portion of NATO’s Operation Allied Force sions those men and women have been (the air operations directed against the Fed- Number of Military Operations. Con- so ably undertaking. eral Republic of Yugoslavia). Headquarters tained within the study are a number But where on these lists are those were in Naples, Italy, In Jun 99, JTF–NA be- of databases detailing the deployment ‘‘vague, aimless and endless deploy- came the U.S. share of Operation Joint of U.S. forces overseas. One data set ments’’ that Governor Bush referred Guardian, NATO’s Kosovo peace implemen- from an earlier IDA study covering to? Which ‘‘uncertain missions’’ would tation operation and exercised U.S. com- U.S. military overseas deployments mand of Task Force Hawk in Albania and he ‘‘replace with well-defined objec- from 1983–1994 showed that President tives’’? Task Force Falcon in Kosovo. JTF–NA was Reagan averaged 9 deployments per disestablished on 20 Jul 99. In Apr 99, U.S. There’s only one major long-term Army Europe deployed a task force of ap- year, President Bush averaged 9.5 de- ployments per year, while Clinton peacekeeping mission on those lists, proximately 2,000 V Corps soldiers to Albania and that’s the U.S. mission to the Bal- as part of Operation Allied Force. Task averaged 5.5 deployments per year. Force Hawk provided NATO with a deep Another data set from Defense Fore- kans—the only major deployment still strike capability out of Albania into Kosovo. casts, Inc. listed U.S. Air Force deploy- in place that President Clinton did not Additional combat, combat support and com- ments from 1983–1996. It showed the fol- inherit from Governor Bush’s father. bat service support units increased the task lowing number of average annual Air Governor Bush has called for a U.S. force to about 5,000. TF HAWK consisted of Force deployments: 19 per year under withdrawal from the Balkans and for a Apache helicopters, MLRS artillery, force protection assets and necessary support and President Reagan, 37 per year under ‘‘new division of labor’’ between the command and control elements. With end of President Bush, and 27 per year under United States and its NATO allies— hostilities on 10 Jun 99, TF Hawk furnished President Clinton. this at a time when the U.S. strategy is forces to TF Falcon to support the U.S. por- For all those critics of the pace of bearing fruit with the fall of the Ser- tion of Operation Joint Guardian. Until end the use of military force under Presi- bian President, Slobodan Milosevic, of Jun 99, TF Hawk also provided limited dent Clinton, I would like to ask, and when United States forces make up support of, and security for, Operation Shin- which missions of those in the lists I less than 15 percent of the troops on ing Hope (the U.S. military effort to estab- have submitted for the RECORD should lish and sustain Kosovar refugee camps in the ground in the Balkans. Albania. this country not have done? Governor Bush’s intent to reduce the United Bush mentioned only one in the second JOINT GUARDIAN (TASK FORCE FALCON) States’ role in Europe and NATO has Presidential debate—the mission to Peacekeeping Operations—Kosovo. U.S. been greeted with alarm and dismay portion of NATO’s Operation Joint Guardian, Haiti. across Europe. Of the missions listed in the table the Kosovo Peace Implementation Force Following two world wars, history (KFOR). Task Force Falcon is responsible for from the Defense Secretary’s report, Operation Joint Guardian operations in the which should we have skipped? Should has shown us the importance of the U.S. designated sector of southeastern we have said no to the 9 missions evac- U.S. role in keeping peace and pro- Kosovo. On 9 Jun 99, 1st Inf Div (M) assumed uating noncombatants and Americans moting stability in Europe; of stopping responsibility for the U.S. portion of KFOR. in trouble? Should the United States racist, ultra-nationalist dictators. TFF’s Army elements entered Kosovo from have said ‘‘sorry we can’t help’’ to After the United States and Europe the FYROM on 13 Jun 99 and established con- alike spent years wringing its hands trol over its assigned areas and established those in the 9 humanitarian assistance missions? Should the military have about the ultranationalist policies that security checkpoints. TFF’s major subordi- ripped Yugoslavia to shreds, the United nate units include a BDE HQ, one mecha- been prevented from helping stem the nized task force, one armor task force, one flow on illegal immigrants or not States led to step in and stop the eth- light battalion (from the 82d ABD) and nu- helped give safe haven to the Kurds, as nic cleansing. Was that the wrong pol- merous combat support and combat service in the 6 missions listed under ‘‘migrant icy? Should we have just watched while support units. operations’’? How about enforcing the Southeastern Europe went to pieces? It OPERATION STABILISE/U.S. SUPPORT GROUP no-fly zone and the sanctions against was painful and messy, and it took EAST TIMOR Iraq, or perhaps the shows of force and time, but I think we did the right Peacekeeping—East Timor. U.N. resolution limited strikes to keep Iraq in check? thing. The new leaders in Croatia, and 1264, 15 Sep 99, authorized establishment of a Looking at the Army’s list, perhaps now, I hope, in Serbia, are ready for a multinational force under a unified com- new, democratic path. mand structure to restore peace and security critics would like to show where the in East Timor. Soldiers were located in Dar- Army was over-reaching? Was it when Our experience with the Kosovo cam- win, Australia and in Dili, East Timor and it helped the residents of my state of paign showed just how important performed critical tasks in the medical, in- Illinois and of Iowa, Wisconsin and American leadership and American de- telligence, communications and civil affairs Minnesota during the massive flooding fense capability is to the NATO alli- arena. INTERFET (International Force East in 1993? Maybe we shouldn’t have asked ance. Europe has said it’s ready to do Timor) is the Australian-led multinational soldiers to help put out the fires all more to beef up its defense and peace- peacekeeping force. U.S. Support Group-East over the West last August? Maybe we keeping capabilities, but it’s a long Timor (USGET) provides Continuous Pres- ence Operations. U.S. Army Pacific directed shouldn’t have helped the victims of way from being able to undertake a to support effort with staff augmentees; a lo- Hurricane Mitch in Central America in Kosovo-like campaign without the gistics support detachment; periodic engi- 1998, or perhaps we should have turned United States. That reality became neer and medical civic-action projects. down the humanitarian mission to the painfully clear to European leaders FOCUS RELIEF survivors of the Rwandan genocide in during the Kosovo campaign, and they Peacekeeping—Nigeria/Sierra Leone. Part 1994? Some say we shouldn’t have even have determined to do something about of the National Command Authority’s deci- tried to restore democracy in Haiti. it.

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25480 CONGRESSIONAL RECORD—SENATE October 30, 2000 Just a few years ago, I was proud to of their young men and women on the Lithuania, Estonia, and Latvia. I know vote in the United States Senate to en- line. they are concerned about their future large NATO to include Poland, Hun- I believe it is naive of Governor Bush and security. They are counting on gary, and the Czech Republic. This en- to suggest that America’s commitment NATO. They are praying for the day largement was to help integrate the to NATO is just a statistical commit- when they can become part of it. states that had thrown off the yoke of ment. America’s commitment to NATO When Governor Bush suggests we are the Warsaw Pact into Western Euro- makes it work, and the suggestion that somehow going to diminish America’s pean institutions. It helped to cement Governor Bush, if he had the chance, role in NATO, it raises serious ques- democracy and give those countries a would diminish the American role in tions not only in the United States but stake in the defense of Europe. I want NATO, has raised concerns all across around the world. It goes back to the to see more East European countries Europe because for over 60 years now, point I made earlier: If being the Presi- join NATO, particularly the long-suf- NATO has been a source of stability dent of the United States and Com- fering Baltic countries of Lithuania, and pride and defense for our European mander in Chief of our forces was an Latvia, and Estonia. I am afraid that allies. easy job then many people could fill it. will not happen if the United States The U.S. involvement is much more If it is a tough job demanding experi- pulls back from its commitment to than just bringing men and women to ence and good solid judgment, then I NATO. the field. It is a symbol of the force and think the American people should best After the United States led Europe commitment of the United States. I am look to someone involved in that. Vice and NATO to stop the Yugoslavian proud of the fact, as I stand here, that President GORE has tried to stand not wars, are we to pull back? After the in modern times the United States has only for the strength of NATO in the United States led NATO to expand the never engaged in these military con- past but in the future. I believe as lead- fold of democratic, market-oriented flicts hoping to gain territory or treas- er, if he is elected on November 7, he states committed to Europe’s defense, ure. We are there for what we consider will continue in that proud tradition. are we to leave? the right reasons: to protect demo- Mr. President, I yield the floor. I believe the answer to those ques- cratic values, to provide opportunity Mr. REID. Mr. President, I yield 10 tions is a resounding no. for the growth of business opportuni- minutes to the Senator from Iowa, Mr. It is time to address the hardships of ties, and free trade. That has basically HARKIN. those in the military as the manage- been the bedrock of our policy in NATO The PRESIDING OFFICER. The Sen- ment issues that they are and stop for many years and will continue to be. ator from Iowa is recognized for 10 claiming that the United States can no I hope we can continue to make that minutes. longer handle vital national security commitment in years to come. f missions like our involvement in the The PRESIDING OFFICER. The Sen- EDUCATION BUDGET Balkans because of those hardships. ator’s time has expired. Let’s stop hiding behind the many Mr. DURBIN. I ask for 3 additional Mr. HARKIN. Mr. President, I have differing deployment statistics and de- minutes under the time allotted on the now served on the Senate Appropria- bate policy. This Administration has Democratic side. tions Committee and the Labor, Health kept our commitment to NATO and to The PRESIDING OFFICER. The Sen- and Human Services, and Education Europe, while it has continued to con- ator is recognized for 3 minutes. Subcommittee. I have been on that tain Saddam Hussein, and protected Mr. DURBIN. Mr. President, I close committee 15 years. Each year when we our vital interests in protecting Japan, this segment by saying if we are going pass the budget for education and South Korea, and the Taiwan Strait. to maintain the superiority of the health, there are always tough negotia- Those aren’t ‘‘vague, aimless, or uncer- United States in the world, we must tions, but we always manage to get tain’’ missions. These missions are at maintain a military force second to through it and we get it to the Presi- the heart of our national security and none, and that is a fact. For those who dent and move ahead. our leadership role in the world today. suggest we have somehow diminished This year we had some long and I close by pointing to one particular our power, I suggest to them: Which tough negotiations on our bill. The thing that has come up in the last 2 military would you take in place of the first part of the year, the majority weeks in the Presidential campaign. United States? It is not just our tech- leader of the Senate said education was For months, Governor Bush’s senior nological advantage—that is amazing— going to be their priority. Yet here we foreign policy advisers have been com- what is amazing is the commitment of are at the end of the year—actually at plaining that the U.S. military is over- the men and women in this military to the beginning of the new fiscal year; we extended and engaged in too many this country and to the defense of our are a month into the new fiscal year— peacekeeping operations. It is this last values. I am proud of the fact that as a and we still do not have our education deployment in the Balkans that has Member of Congress, in the House and budget through yet. It is going to be drawn Governor Bush’s ire, even the Senate, I have been able to support the last bill through. though the 10,000 troops represent, as I this buildup of military strength, We have been working very hard over said earlier, less than 1 percent of the which has meant we have conquered the last several weeks to bring this bill U.S. military. communism, we have allowed countries to its final conclusion. First of all, the Recently, Governor Bush’s foreign to see their freedom for the first time chairman of our appropriations sub- policy adviser, Condoleeza Rice, called in decades, and we have built alliances, committee, Senator SPECTER, worked for withdrawal of U.S. forces from the like NATO, into the envy of the world. very hard this year to get it through Balkans as a ‘‘new division of labor’’ For those who suggest the American our committee and to get it through under which the United States would military is somehow understaffed, the Senate. Then we went to con- ‘‘handle a showdown in the Gulf, overmanned, underutilized, overuti- ference, and we have been locked in mount the kind of force needed to pro- lized—whatever the criticism may be— conference now for the better part of 3 tect Saudi Arabia and deter a crisis in I do not think that is a fact. I also months, most of it over the last month the Taiwan Strait,’’ while Europe think those who want to rewrite the working out these differences, as we do would be asked to do peacekeeping on history of the last 50 or 60 years and on bills. its own. try to define a new role for NATO are Last night, Sunday night, we met for I have always been in favor of burden causing undue concern among our al- what was supposed to be our final nego- sharing, and I believe the Europeans lies in Europe. NATO is important. I tiating process on the education budg- and every other group across the world know this because of my own experi- et. We started meeting last night after who need our assistance should not ence dealing with the Baltics. our vote in the Senate, so that must only pay for that and defer the costs to My mother was born in Lithuania. I have been around 8 or 9 p.m. We met American taxpayers but put the lives followed the arrival of democracy in until almost 2 a.m. There were tough

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negotiations. Senator STEVENS, as What is at stake here? Is this all just place should work. Senator STEVENS chairman of the Appropriations Com- an inside ball game, that it shouldn’t led it on the Senate side, Congressman mittee, Congressman BILL YOUNG from bother anybody outside the beltway? YOUNG on the House side. We got our Florida on the House side, Congress- Here is what is at stake. agreements. It is too bad we see this man PORTER, Congressman OBEY, the In education: Pell grants, some of the last minute kind of partisan bickering ranking Democrat on the House Appro- largest increases ever in Pell grants; from the House leadership. priations Committee and on the sub- Individuals with Disabilities Education Again, I am hopeful this is a tem- committee that deals with education, Act, giving money out to the States to porary setback. Let’s get our education and I and, of course, the Director of help pay for the education of kids with bill done. Let’s get it to the President OMB, Mr. Lew, was there also. disabilities; class size reduction, hiring so he can sign it, so we can move ahead As I said, we had tough negotiations, more schoolteachers to reduce class with the necessary task of educating but we had it down to about four or size; school modernization so we can our kids in this country. It is, indeed, five issues, finally, and we hammered get money out to our schools so they a sad day today when we see what hap- them out. can repair and fix up their schools. The pened in education. Finally, at about 1:30 a.m. this morn- average age of our schools in America Mr. REID. Mr. President, before I ing, we reached our agreement. As is is 42 years. They need to be fixed up. yield to the Senator from Louisiana the remainder of the time, I just want usually true of any agreement or com- We had money for that. promise, there are things in the com- In health care, medical research: All to say to the Senator from Iowa, who is the subcommittee ranking Democrat, promise that I do not like. I am sure the money for NIH for medical re- who has done such a remarkable job, I there were things in there Senator STE- search; all the money for our commu- could sense from your voice in your VENS does not like. There are items in nity health centers that are doing so presentation you were up most of the there that Congressman PORTER, a Re- much to help our uninsured people in night working on this. It is not just publican from the House, and Congress- this country with health care; an im- man OBEY do not like. Together we de- last night that you worked on it; you portant cancer-screening program for have worked on this bill for months—— cided this was the best package we breast and cervical cancer for women. could do, and we all shook hands on it. Mr. HARKIN. Months. Child care: One of the biggest in- Mr. REID. And months and months. Today, thinking we had finally creases that we have ever had for child reached an agreement on this impor- It is a great bill. It does so much for care. the American people. And there are no tant education bill, I find out that Ma- These issues are too important to be jority Whip DELAY has turned his accolades here for you today, as there playing politics at this late moment. should be, because you have done such thumbs down on it, and so did Majority That is what is happening on the House Leader ARMEY turn his thumbs down a remarkably good job of not only side—pure politics. working that bill but making sure that on it. Evidently, Speaker HASTERT has Again, I hope this is just a temporary said the same thing. the people in this Senate and the peo- setback. Congressman ARMEY, Con- What are we doing here? Why do we ple around the country understand gressman DELAY, and Speaker even have committees? Why don’t we those people who have no voice. HASTERT are talking about things that just let Speaker HASTERT and Con- This subcommittee, of which you are they do not understand. I am hopeful gressman DELAY and Congressman the ranking member, is a sub- they will meet with Congressman ARMEY deal with everything? committee that does not have a lot of The reason we have the committees YOUNG and Senator STEVENS, who un- lobbyists working for the underprivi- is because people such as Senator STE- derstand that we had an agreement. leged. There are a lot of people working VENS know these issues. He has been Not everyone liked it, but it was a good against them. We depend on you. We, working on these issues for years. And agreement. It was one that we could on this side of the aisle, depend on you. Congressman PORTER and Congressman live with, and one that I felt the Presi- And you are very dependable. I person- YOUNG and Congressman OBEY and Sen- dent could sign. ally appreciate, as we all do over here, ator SPECTER and myself, we know So these issues are much too impor- the great work you have done. these issues. We know the ins and outs tant for our Nation’s future, for our Mr. HARKIN. I thank the Senator of these issues. We have been working kids’ future, for the health of women— from Nevada for his very kind remarks. on them a long time. too important for these kinds of par- I would just say to him, also, that, I am not on the Commerce-State-Jus- tisan games this late in the year. quite frankly, we had great coopera- tice Committee, so I could not nego- I just want to take this time to urge tion from Senator STEVENS on the Re- tiate on that because I do not know all our friends on the House side to not publican side in getting this bill the ins and outs of it, and neither does play games with this important edu- through. He worked very hard on it, Congressman DELAY or Congressman cation bill. We have to get this money too. I just want to make that point be- ARMEY or Congressman HASTERT know out. We are already a month into our cause it is just a darn shame that in that. Yet they turned thumbs down on fiscal year. Our colleges, our school these last hours we have gotten thrown this deal we struck last night. boards, our State departments of edu- into this partisan thing on the House Senator STEVENS worked long and cation need to know, need to have this side by the House leadership. hard to reach this agreement. I am money out there, so we can continue to I thank the Senator. sure he was not happy with everything hire teachers and reduce class size and Mr. REID. Senator STEVENS works that was in it, just as I was not. But modernize our schools. very hard on everything he does. Mr. HARKIN. Yes. Senator STEVENS dealt in good faith. We need to get the money out there Mr. REID. I yield the remainder of We gave our word. We shook hands on for breast and cervical cancer screen- our time to the Senator from Lou- it. So did Congressman BILL YOUNG. I ing for women all over America. What isiana. have worked with Congressman YOUNG we do not need is the kind of inter- The PRESIDING OFFICER. The Sen- ference that we have had by Congress- for 15 years—and Congressman PORTER ator from Louisiana. and Congressman OBEY. We reached our man DELAY and Congressman ARMEY Ms. LANDRIEU. Mr. President, how agreements. We walked out of the room and Congressman HASTERT on the much time is remaining on our side? at 1:30 a.m. And today, Congressman House side. The PRESIDING OFFICER. Six min- DELAY and Congressman ARMEY say: Now is the time to pull together, as utes. No. we did last night. This was a true bi- Ms. LANDRIEU. I thank the Chair. I do not know. I feel very badly for partisan effort. Republicans in the f Senator STEVENS and the others who House, Democrats in the House, Repub- worked very hard on this, gave their licans in the Senate, and Democrats in TAX CUTS word, shook hands. We had the agree- the Senate worked together and we got Ms. LANDRIEU. Mr. President, I as- ment. an agreement. That is the way this sociate myself with the remarks of the

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25482 CONGRESSIONAL RECORD—SENATE October 30, 2000 good Senator from Iowa and acknowl- most recent numbers from the Com- Ms. LANDRIEU. I ask unanimous edge his great work in the area of edu- merce Department, the national sav- consent for 30 more seconds to wrap up. cation. As he has pointed out—and the ings rate in August of 2000 dropped to a The PRESIDING OFFICER. Without Senator from Illinois earlier this negative 4 percent, meaning people are objection, it is so ordered. evening, and our leader from Nevada— spending more than they save. This is Ms. LANDRIEU. This tax bill does we believe in bipartisanship. We be- a dramatic drop from the mid-1970s, nothing to help low- and moderate-in- lieve in working together. But we do when Americans saved about 10 percent come families save for their future. believe there are certain principles of their income, or even the 1980s, when That is where IDAs would come in. If worth fighting for: The principle of it fluctuated between 5 and 7 percent. I we took the opportunity to institute a fairness, the principle of equality, the think we should do something about new savings vehicle called IDAs, ex- principle that if we are going to help that. panded IRAs in the right way, and gave people, then let’s try to help everyone, The bill before us, which expands additional benefits for 401(k)s, we could not just those in the upper-income lev- IRAs and 401(k)s, doesn’t hit the bull’s- use our money more wisely, spread it els. eye. It doesn’t hit the target. It is help- out among many more families in In my State—I represent Louisiana— ing families that are already saving to America. it is very important that we try to potentially save more—I argue it My message is, there is a better way spread some of these tax benefits, doesn’t really accomplish that—and it to do it. I hope when this bill is vetoed health benefits, and education benefits doesn’t help those families trying to by the President, there will be ample to households that earn under $75,000. get into the savings habit. consideration to make these modifica- That is not to say that people above I introduced a bill earlier that is tions. It would not cost more—as this those income levels do not also need called SAVE, Savings Accounts are chart shows, $58 billion to $44 billion. It help. I am not saying that household Valuable for Everyone, which is to help would only require common sense, incomes of $75,000 and greater or middle- and moderate-income families compassion, and the will to do so. ‘‘wealthy’’ or ‘‘rich’’ or ‘‘well off’’ or build assets for themselves through I yield the floor. those who ‘‘don’t have difficulties’’ IDAs, while also expanding IRA con- The PRESIDING OFFICER. Under don’t also need help. tributions. the previous order, the time from 6:05 But it is important, when we do tax The Senator from Louisiana, Russell until 7 p.m. shall be under the control cuts, to try to do it as much as we can Long, former chairman of the Senate of the Senator from New Mexico, Mr. Finance Committee, once said: The for people at all income levels. That is DOMENICI, or his designee. problem with capitalism is there aren’t why I am here today to note one provi- Mr. DOMENICI. Mr. President, nor- enough capitalists. I agree with him. sion in the underlying bill in relation mally, I don’t have the luxury of using If we created and expanded IDAs, in- as much time as I would like on sub- to savings and pensions and 401(k)s and dividual development accounts, and jects. I am very pleased tonight to have IRAs—a wonderful tool for people to IRAs, and 401(k)s in the right way, we a considerable amount of time, which I save, if it could be designed properly could, in fact, create more capitalists, and the rules drafted correctly. create more pools of capital, help peo- am going to share with my good friend I rise today, however, to note a hard- ple to build assets and strengthen the from Texas. to-miss opportunity for this Congress economy for everyone. We need to ex- I will start with a statement about to make real tax cuts for America’s pand economic opportunities for more one of my staff people and then proceed working families. It is hard to miss, families, not just help those already on to a point where I think what Senator but it looks as if we missed it because the right track. GRAMM has to say will fit rather nicely the tax bill before us does not target According to another study, nearly with what I am talking about. help to middle-class families or give one-third of all U.S. households hold f them additional savings tools. traditional IRAs. The average income Let me take a few minutes to ex- FAREWELL TO BRIAN of these families is $62,500. Average as- BENCZKOWSKI plain. sets are about $200,000. Just 10 percent Throughout this year, many of us hold Roth IRAs. That means 43 percent Mr. DOMENICI. Mr. President, at the have advocated meaningful, respon- of households have chosen to use indi- end of this session of the 106th Con- sible, and targeted tax cuts. I had vidual retirement accounts. But this is gress Brian Benczkowski will be leav- hoped we would come up with a tax re- the point: Only 4 percent of those ing my staff. Brian has worked on the duction bill which distributed benefits households save at the maximum rate. Hill since his third year in law school. equally among all income groups, rec- So by doubling an IRA from $2,000 to He started as an intern while still in ognizing that some families have had $5,000 or from $2,500 to $5,000, one has to law school, served as the senior analyst more help through our Tax Code than question are we trying to help the top for judiciary issues for the Senate others. But all families, whether they 4 percent who are saving at the max- Budget Committee, and worked closely are at $10,000, $20,000, $40,000, $60,000, imum rate? Couldn’t we spread that with my general counsel to develop, $75,000, or $100,000, should be helped money out in a better way to encour- and enact, over the President’s veto, fairly. This bill fails to do that. We age more people to save? the Securities Litigation Reform Act have before us a bill that fails to even I know I only have a minute or two of 1995. meet this simple test of common sense. remaining. Let me address one other Brian was my counsel for the second I had hoped this Congress would point. round of Whitewater hearings and was produce tax cuts designed to encourage I support a 401(k) savings plan. I part of the team for the historic im- family savings, not just additional con- think it is very effective. Many em- peachment trial of President Clinton. sumption because while incomes have ployers are moving to that in addition Brian worked on Juvenile Justice legis- risen dramatically over the past sev- to or in lieu of their traditional pen- lation and helped me take on the Mexi- eral years, savings rates have actually sion plans. But why increase the limit can drug lords. declined. Savings should be made more of 401(k)s when the idea would be to try He learned the highway, airport and attractive for all Americans, not just to use our money to entice more em- other infrastructure needs of New Mex- those who are already saving but those ployers and more workers to use the ico as well as any Highway and Trans- who need help or incentives to save. It 401(k) model? portation Secretary in any Governor’s not only helps them and their families This tax bill does nothing to help cabinet. He was knowledgeable on im- but strengthens our whole economy. low- and moderate-income families migration issues and helped my case- While the net worth of a typical save for the future. workers with the really tough, but wor- American family has increased re- The PRESIDING OFFICER (Mr. FITZ- thy immigration problems that are a cently, the net worth of families under GERALD). The time of the Senator has daily fact of life in a border state. Just $25,000 has declined. According to the expired. to prove that Brian had a soft side, he

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25483 was my staff person for Character ican economy so strong, with its 22 So that the American people might Counts during the 106th Congress. million new jobs, is the fact that they understand an IOU in the parlance of Brian was instrumental in drafting voted on a tax increase bill in the year your checkbook, it is a postdated the claims process legislation for the 1993 that amounted to $247 billion over check. Have you ever postdated a victims of the Cerro Grande fire. From 5 years, and it is called the Clinton- check? It used to be illegal. It may still the date that the fire first started to Gore plan, in quotation marks; some- be if you do it with the intent to cheat. the day that the President signed the times referred to on the floor as ‘‘the But some people postdate a check and bill, complete with the $640 million to plan.’’ say, I won’t have the money for 2 pay the claims, was fifty days. It is a Before we are through this evening, months, so will you take my check and good legislative product, and it proved we hope we can convince our colleagues it will be good then. That is what an that the delegation and the Congress that that plan had very little to do IOU is—except the Congressional Budg- could be bipartisan and act expedi- with the state of economic well-being, et Office says 50 years from now, when tiously in an emergency. jobs, and confidence of the American the IOUs all come due, the total Brian is a talented lawyer, a caring people today. amount that the taxpayers of America and hard working member of my staff. However, there are several subjects I will owe to that fund will be $40 tril- For a young man raised in Virginia, want to touch on quickly, because the lion—not billion but trillion, $40 tril- taught the law in Missouri with par- other side cannot come to the floor for lion. ents now living in Connecticut, he has 15, 20, or 30 minutes without talking Who will owe it? Well, of course, the made many New Mexico friends, devel- about them. The first one is what the Vice President is not worried about oped a taste for green chile and plan of the Governor of Texas on Social that today; right? It is our children amassed an understanding of the bor- Security is going to do to our senior who are going to pay it, I say to the oc- der. At one point I remarked that his citizens. They proceed as if they know, cupant of the chair. Some day down Spanish was as good as any other staff and they don’t know. the line, we are going to have to raise member in my office. The distinguished Governor from taxes generally or raise the Social Se- So what is it that such a talented Texas has given us an idea. The idea is curity withholding tax so high that it young man would choose to do when to let every senior who is on Social Se- probably will make the program inop- leaving Capitol Hill? curity keep their check and the pro- erative and ineffective. Banking legislative assistants and gram remain totally intact while we It is amazing that the Secretary of counsels with backgrounds in securi- let younger Americans invest a little the Treasury and the people on that piece of their Social Security money in ties often end up at the Securities and side of the aisle—my friends, the a preferred or protected account in the Exchange Commission, the Commod- Democrats of the Senate—would talk stock market. about the plan of the Governor of ities Futures Trading Commission or They come down here and do some Texas when their candidate has a plan at one of the Wall Street firms. How- arithmetic gymnastics, which is hard before us that would eventually require ever, the typical career path wouldn’t for any one to understand. They sup- that we raise taxes—and I left out an do for this untypically talented young port their statements by citing the option—or dramatically cut programs. lawyer. He is going to New York to Secretary of the Treasury, a genius I They would have to cut American pro- work for the first, real sports stock believe they called him. We all know grams to the tune of $40 trillion over market! Secretary Summers. We all know he is This new sports stock market will rather bright. We all know he was a this period, or raise new taxes. Now you would think if you had a list the baseball and other trading very young Harvard Ph.D. faculty plan that was that embarrassing, you cards of today’s marquee athletes and member. But for him to take to the would not have the courage to get up major league sports rising stars. Just streets telling Americans he knows and critique other programs that actu- like any major stock exchange, the ex- what that Bush plan is going to do to ally do try to reform Social Security. change is a market maker. Just like E- senior citizens is absolutely deplorable. Democratic Senator PAT OYNIHAN trade or Ameritrade people will have I have seen Secretaries of the Treasury M and sports brokerage accounts. come and go. We had a great one before Senator BOB KERREY of Nebraska have Brian is a baseball fan, former base- this one. Never have I seen anybody at- both stressed the need to reform Social ball player and a font of knowledge tempt to do this. Security, which is just what Governor when it comes to sports. As a former I want to tell the American people Bush is trying to do. minor league baseball player myself, I the truth about the Vice President’s Now my Democratic colleagues also know baseball and am a fan of most plan on Social Security. I would almost have another line of argument. They other sports. ESPN was a great inven- say there is no plan because, in fact, say that what we really should do is tion that adds to most men’s enjoy- the plan he is talking about is accepted pay down the debt. They then say, why ment of life, sports and the pursuit of by so few in the Congress, despite the are Republicans against that? Well, happiness. Hopefully, this new sports fact that it has been around since 1999, they know we aren’t. We have already stock exchange will add another di- in case anybody is interested. paid down $360 billion of debt over the mension to the way we all follow You know, we voted on it a couple last three years. The greatest threat to sports. times in the Budget Committee. I debt reduction is the Vice President of Many of us share a passion for sports, think perhaps that there was one time the United States’ spending proposals. but very few of us get to take that pas- when a Democrat voted for it—one He has asked for 200 new programs and sion, and merge it with the law, get a member. I think we might have forced has a complicated tax code proposal. impressive title like Assistant General a vote on the floor that included that Let me address this latter point brief- Counsel, receive a pay check and stock and nobody voted for it. ly. My Democratic colleagues have at- options. However, Brian is going to do So what is the Vice President’s plan? tacked Governor Bush’s tax plan to- just that at thePit.com. I wish him and I will tell you plain and simple. He night, however, it is based on the very his new company every success. wants to put some new IOUs in the sound principle that everybody who f trust account for senior citizens, and pays income tax should get a break. the IOU says we, the American people, That’s not the case under the Gore ECONOMIC ISSUES promise to pay to the trust fund the plan, where 50 million American tax- Mr. DOMENICI. Mr. President, I open face value of these IOUs. He says let’s payers get no break at all. Why? Be- by saying if I have heard it once in the put about $10 billion worth in there. cause taxpaying Americans don’t get a last 2 months, I have heard it 40 times Guess what happens. He puts them in tax break. It is Americans who are se- as the other side of the aisle tries to there a few years from now and indi- lected by the Vice President’s plan. If convince us and the American people cates that that helps make Social Se- you meet their criterion—if you’re the that what really has made the Amer- curity solvent. ‘‘right’’ kind of person—you get a tax

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25484 CONGRESSIONAL RECORD—SENATE October 30, 2000 break. But that doesn’t mean every- paying down the debt. I submit to you rado, who is now retired. He came to body paying income taxes gets a tax that if you took the litany of Gore pro- the floor and told us what was in that break. grams and what he wants to do in $26 billion that we were supposed to Now let’s get back to the size of the every area to increase things such as spend. He found all kinds of things that Government that Vice President GORE prescription drugs for everyone, as he were promised to mayors during the would fund. Let me give you an exam- suggests, in the manner he suggests, election and to all kinds of groups in ple of the charades he plays in order to debt reduction will suffer. His new pro- America by the Governor of Arkansas say he is not spending very much grams are very costly and we expect as he campaigned. I can’t remember. money. See, I have estimated the plan, the cost estimates to rise the more Some of them were igloos, and all and it spends a lot of money. I ask Sen- that people look at them. Let’s look at kinds of strange things—skating rinks ator GRAMM if he knows that the Vice prescription drugs. When that program for some communities. President’s Retirement Savings Plus was first submitted to the Congress by The first thing we did was to say we (RSP) plan, the one that is going to President Clinton, we thought it would aren’t going to do that. The first phase help low income Americans save cost $120 billion. The last reference we of the recovery plan was a $26 billion money, which he talks about so much— have from the Congressional Budget stimulus which never occurred. That i.e. if someone saves $500, the govern- Office says that plan would cost $430 would have caused more money to be ment will match this contribution 3:1, billion. spent, not less. thus giving this person an additional So you see, there is no question that To lead into what is being said on the $1500 of taxpayer money for deposit to there is not going to be very much other side of the aisle, and by our their savings account—do you know money left over if you put all those President and by our Vice President when that plan would be fully imple- programs the Vice President has in about this plan—the 1993 tax increase mented under his proposal? Nine years mind into effect and give them to the of $243 billion—, I would like to heark- from today, assuming he wins. So the American people in a reasonable period en back to Alan Greenspan, who coined centerpiece of his ‘‘tax’’ plan would not of time. If you want to delay them in- a phrase. Perhaps my friend from fully phase-in until after two full Pres- cessantly, obviously they won’t cost Texas remembers it. He used two idential terms and 1 year. If you as- much; but will the American people words, ‘‘irrational exuberance.’’ Do you sume such an unrealistic phase-in, of think they have been fooled if that is recall that, Senator GRAMM? Irrational course, it won’t cost very much. But the case and he is to get elected? I be- exuberance? neither should anybody kid themselves lieve they will wonder, what in the I am going to borrow that phrase that his budget isn’t full of those tim- world were they talking about when today—not to describe the speculative ing gimmicks, in order to give the ap- they told us they were going to give us activities in the stock market, as Dr. pearance that he does not spend the that? Greenspan did, but rather to describe Social Security surplus. I want to also say that when it comes There are all kinds of strange dates to reducing the size of Government—I my colleagues who have been attrib- such as the RSP one. In fact, this want to repeat one more time, our uting the 1993 Clinton/Gore tax in- major one he speaks about being such a friends on the other side always cite crease budget plan as the genesis of good plan for low-income Americans to the total number of reductions in em- this long boom we have been experi- save money, I repeat, won’t go fully ployees that have occurred since Bill encing. phase-in until 9 years after he is elect- Clinton took office. What they don’t I want to talk shortly about what ed, if he is elected. The Vice President tell you is that 96 percent—and I just really caused the boom. But I under- has not provided enough information put it in the RECORD 2 days ago, and it stand my friend from Texas would like to tell when all of his 200 programs comes from the Office of Management to speak for 20 minutes. I yield that off phase-in. But I can tell you that if you and Budget, not Domenici’s staff—OMB my time, reserving the remainder for just look at the overall programs and says 96 percent of all employee reduc- myself. add them up cumulatively in your tions, described as stripping down Gov- I want to say just before I yield that mind, there has not been a bigger in- ernment, came from civilians in the I have looked at some polls that some- crease in American programs since Department of Defense. In other words, body presented—maybe even some polls Lyndon Baines Johnson invented the we started drawing down that Depart- that were published. Great Society. ment of Defense so quickly and rapidly, I am thrilled with the American peo- Now what actually happens under the and continued it, so 96 percent of the ple because you know they don’t be- plan of the Governor of Texas is very employee reduction comes from the lieve the irrational exuberance of the simple. Of the surplus, he says 50 per- Department of Defense, and 4 percent other side. They do not believe it. cent will be saved for Social Security comes from all the other civilian pro- They come down here and keep on and debt reduction. If you want to go grams, which they would lead you to saying it, but the American people just add that up, it looks as though he believe have been seriously restrained do not believe it. would pay off the debt entirely by the and many employees have been taken The primary reason for this boom has middle of the next decade. Frankly, if from their ranks. Not true. been the evenhandedness of the Federal that could happen, what a marvelous I will shortly yield to my friend from Reserve Board in making sure we do thing it would be. If Democrats keep Texas for about 20 minutes. However, not let inflation go rampant, and con- pushing for more spending, we might before I do, I want to point something trolling interest rates where they could not do it that fast, although I can tell out. When my Democratic colleagues so that the American economy would you the money is there barring that. 50 speak of the Clinton plan for the recov- always grow, and if it was coming percent of the projected surpluses is for ery of the United States, which caused down, to have a safe landing. Social Security and debt reduction America to have all these 22 million They put that No. 1. under the plan of the Governor of new jobs, new high technology, and In terms of who did it, Dr. Alan Texas, 25 percent is to be given back to breakthroughs in communications— Greenspan and the Federal Reserve de- the American people since it is their and I say that facetiously—, they ig- serve much of the credit. money to begin with, with every tax- nore the fact that the first plan the The American people, no matter how payer getting a tax cut of some type, President sent to us was a $26 billion many times the plan is discussed about and 25 percent goes toward new prior- stimulus package for American econ- the 22 million jobs and all the other ities, new things such as increased de- omy, even though the economy had al- things, they do not believe it. And they fense or money we may need to add to ready begun posting strong growth be- shouldn’t. the Medicare program to pay for pre- fore he took office. Does my friend Who do they put in second position scription drugs. The ratio is 50, 25, 25. from Texas recall that? as responsible for this? I didn’t think it The other side of the aisle likes to Standing right back over there was was going to be the case because we get up and brag about how they are the Senator from the State of Colo- don’t do a very good job of talking

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25485 about it. But they said the Republican cabinet is deemed as phony—not by Courageously, the Vice President, Congress which puts some real controls PETE DOMENICI, not by PHIL GRAMM, sitting in that very chair, and Senator on spending. not by the Republican Congress, but by DOMENICI was here along with me, When we are finished tonight, we will the President of the United States, Bill when it came down to a tie vote, the show you that actually happened when Clinton. The President’s own budget Vice President courageously broke the we took over the U.S. Congress. says it very clearly. This is a book- tie in voting to tax gasoline and tax In third place, in terms of who did it, keeping entry. No benefits can be paid Social Security benefits. And then as if who brought it, they put the Presi- from these IOUs. the sky opened and God spoke, interest dent’s plan. The Gore plan means, in essence, rates came down, the stock market I yield to my friend from Texas. raising taxes. went up, the economy prospered, and, Mr. GRAMM. Mr. President, first of Just one other point to amplify what therefore, our Vice President and the all, I want to thank Senator DOMENICI. Senator DOMENICI said. A picture is Democrats deserve credit. I want to try to add a few things to worth 1,000 words. Senator DOMENICI, myself, and every what he said, and then go on and say This is page D11 of the Washington other Republican were too ignorant to what I was going to say. Post of this past Tuesday. This is a understand that by taxing gasoline and I want to begin with the Secretary of want-ad page. You have used want-ads taxing Social Security and having the Treasury, Larry Summers. Let me say yourself. So have I when looking for a largest tax increase in American his- that we are both good friends as well as job. tory, we could produce prosperity. economists. We both used to teach eco- These are jobs that range from pet Mr. DOMENICI. If the Senator will nomics. groomers, to painters, to data entry, to yield, I suggest to the Senator, and I Yet, I think a lot of people are un- day labor, to dispatchers, to retail wonder if the Senator concurs, six happy in that the Secretary of Treas- sales jobs, and everything in between. Democrats voted with Republicans. You might look at this want-ad page ury injected himself into politics— That is why it was 49–49. in Tuesday’s Washington Post and ask something that the Secretary of Treas- Mr. GRAMM. That is right. They had yourself, how many people who took ury, the Secretary of State, and the a majority in both Houses of Congress these jobs would get an AL GORE tax Secretary of Defense have not done in when Bill Clinton became President, cut where they could keep part of what the past. I think that made people un- and when they voted they had a sub- they earned and spend it on what they happy. stantial majority here, I think 54 or 55 chose to spend it on? But let me say this with regard to AL Democrats. Six of them voted with us Here are all the jobs from pet GORE’s plan, a plan which simply adds against this largest tax increase in groomer, to custodian, and the list IOUs to the Social Security trust fund. American history, but there was a tie goes on and on. and AL GORE broke the tie. It was then I believe Larry Summers would have You see all the jobs. They are the that the sky opened, interest rates given an ‘‘F’’ to any freshman econom- people who, if they took those jobs and came down, the stock market spiraled, ics student in his class who thought were married, could get marriage pen- that you could strengthen Social Secu- and prosperity ensued. alty tax relief from Republicans. There are only a couple of problems rity by simply printing paper—IOUs; I I am tempted to go through and read with that. One, it is totally unbeliev- have a copy of one here—and putting the jobs. But I am not going to deni- able. It makes absolutely no sense. Fi- them into a filing cabinet in West Vir- grate good jobs in America. ginia. But the point is that all of the jobs nally, it is verifiably false. This is the rest of the story. This is Let me give a high authority on this listed on page D11 in Tuesday’s Wash- the budget that included this largest issue, the President of the United ington Post want-ad page for jobs, for tax increase in American history. In States. every one of those jobs, if you took it, this budget, ‘‘A Vision of Change for Our Vice President said if we would you would be to rich to get AL GORE’s America,’’ Bill Clinton tells us on page simply print more of these IOUs—you marriage penalty tax relief. notice, Senator DOMENICI, that they This is what would be left. 22 that if we raise taxes with the larg- say ‘‘nontransferable’’—if we printed Mr. DOMENICI. The Senator is as- est tax increase in American history, more of these IOUs and put them in a suming that each one of those took the and 6 years later, if we implement the metal filing cabinet in West Virginia, job, and they are getting paid and earn- largest tax increase in American his- which is all the Social Security trust ing income pursuant to the job. tory, 6 years later he states the deficit fund is, we could pay benefits with Mr. GRAMM. The question is, if mar- will be $241 billion. Nowhere in this these IOUs. ried couples took these jobs, are they budget is Bill Clinton promising to bal- But let me quote from the economic too rich for AL GORE’s tax cut? All of ance the Federal budget. His promise report of the President. This is Presi- them are, except that handful—about is, if you have the largest tax increse dent Clinton speaking. This is the Fis- 89 percent of the jobs on that page are in American history—and then they cal Year 2000 Budget of the President, too rich. forget or our Democrat colleagues and on page 337, here is what he says Let me get to what I wanted to say. want us to forget the rest of the about these paper IOUs. He says: Some people at home probably won- story—if you spend $26 billion on a new These [Social Security trust fund] balances der why we are talking about the Pres- stimulus package, they were going to are available to finance future benefit pay- idential campaign on the floor of the stimulate the economy. Remember ments and other trust fund expenditures— Senate. I think it is a good question. they had ice skating huts in Con- but only in a bookkeeping sense. These funds We weren’t doing it. Our colleagues necticut, they had Alpine slides, these are not set up to be pension funds, like the have come out here every day and water slides in Puerto Rico. This was fund of private pension plans. They do not talked about the Presidential cam- their economic plan. We killed that. consist of real economic assets that can be paign, I guess, because they are losing The final part of their proposal that drawn down in the future to fund benefits. Senator DOMENICI will not have forgot- Instead, they are claims on the Treasury it in America. They think they might that, when redeemed, will have to be fi- win it on the floor of the Senate. ten but our Democrat colleagues want nanced by raising taxes, borrowing from the One of the wonderful stories that has to forget was having the Government public, or reducing benefits or other expendi- been told is that Bill Clinton was elect- take over and run the health care sys- tures. The existence of large trust fund bal- ed President, and he courageously pro- tem. That was part of this vision, too. ances, therefore, does not, by itself, have any posed the largest tax increase in Amer- But we killed it deader than Elvis. It impact on the government’s ability to pay ican history. never came into reality. benefits. They did everything from proposing Here is my point: we didn’t adopt the That is Bill Clinton. to tax your utility bill, to taxing gaso- Clinton plan. They raised taxes, they So AL GORE’s proposal to simply line, to taxing 75 percent of Social Se- taxed Social Security benefits, they print more IOUs and put them in a file curity benefits if you made over $25,000. taxed gasoline. But we killed their $26

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25486 CONGRESSIONAL RECORD—SENATE October 30, 2000 billion spending program, and we killed a $200 billion deficit from 1994 to the happened was the Dow Jones Industrial the Government takeover of health year 2000. Instead, we adopted our own Average rose from 4,493 to 10,836, today. care. budget. We reformed welfare. Bill Clin- So the problem with their story Now, their first budget, with the ton now says the greatest achievement which they are trying to tell the Amer- largest tax increase in American his- of his administration is welfare reform. ican people is that it is not believable, tory, promised $241 billion of deficits 6 He not only had nothing to do with it, it does not make sense, and it is years later. Then, in their midsession he fought it every step of the way. He verifiably false. When they raised review in September of 1993, they dis- vetoed it once, then twice, and he has taxes, none of their budgets showed covered we hadn’t done the stimulus tried to repeal it every day since it has these tax increases ever balancing the package. So with their tax increase, we passed. Federal budget. When they raised were headed for a $181 billion deficit in Republicans reformed welfare and it taxes, there was no decline in interest 6 years. set into motion—and I have to say as rates. Interest rates went up, not down. Then, in 1995, the President proposed Democrats accused us of not knowing When they raised taxes, the stock mar- another budget. But in 1995, President what was going on that I never ket was relatively flat. All of that Clinton, who now has courageously dreamed it would be as successful as it changed when we elected a Republican raised taxes on Social Security and has been—a 40-percent decline in wel- Congress in 1994. All of that changed. gasoline and most other things, is fare rolls as people have begun to work So basically the point I want to asked, well, Mr. President, when are and America has prospered. make—how much time have I left in you going to balance the budget? Re- What happened under the Republican the 20 minutes? member that, Senator DOMENICI? This Congress? We started it at a $200 billion The PRESIDING OFFICER. The Sen- is what he said: In 9 years, 10 years, 8 deficit, but under the Republican Con- ator has 2 minutes 15 seconds. years, 9 years, 7 years, 7 to 9 years, 7 gress the deficit started to decline. By Mr. GRAMM. The point I want to years, 9 years, 10 years. In other words, 1997, we balanced the budget and we make is: Look, there is plenty of credit 2 years after his tax increase went into have a surplus. to go around for the good things that effect, our colleagues were asking Bill When Bill Clinton signed this heroic have happened in America. I am not Clinton when he wants to balance the tax increase, and this is from his offi- trying to deny the President some of budget. Two years after his tax hike, cial documents, he gave a statement in the credit. I do believe a lot of credit he was still saying we are 9, 10, 7 years signing the bill. goes to the Federal Reserve Bank. But How many times do you think he away from ever balancing the Federal the idea that by imposing the largest mentioned balancing the budget when budget. tax increase in American history, by he signed that tax increase? None. How Now, what happened in 1994? Our col- taxing gasoline, by taxing Social Secu- many times do you think he talked leagues joshed around yesterday saying rity benefits, and that somehow this about saving and reforming Social Se- when they proposed to have the Gov- produced a balanced budget and set off curity and Medicare? None. Those ernment take over the health care sys- this economic boom is laughable from tem, when they proposed this $26 bil- things were the furthest thing from his a logical point of view. It is not borne lion of stimulus package, and when mind. out by the facts. The truth is, these they adopted the largest tax increase If you listen to the mythology that good things that started happening in American history, I said this is we have been forced to listen to here, largely started happening in November going to cost people their jobs. So they the mythology runs as follows. They of 1994. josh around saying: Well, where did it raised taxes, and then interest rates It was a good story. Maybe somebody cost jobs? declined and the stock market Let me state what happened: In 1994, boomed—right? believes it, but they should not. If they 52 Democrats in the House of Rep- The problem is that is wrong. If you look at the facts, they will see that ba- resentatives lost their jobs. The Speak- look at their numbers, when Bill Clin- sically that story is not true. er of the House lost his job; the first ton became President, 10-year Treasury The final point I want to make: We time in 132 years that it ever happened. interest rates were 5.87 percent. He are now coming to the end of this ses- Three powerful committee chairmen— raised taxes, and what do you think sion. In the waning hours of this Con- Rostenkowski, Brooks, and Glickman— happened to interest rates? They went gress, the President is saying: If you lost their jobs. Not one Republican in- up to 7.9 percent. And if you look at don’t spend more money, I am not cumbent in Congress was defeated. the chart on interest, the big turning going to let the Congress go home. If Now, supposedly the sky had opened. point in interest occurred in November you do not further inflate an already Everything was wonderful with this of 1994. Why? Because help was on the inflated budget, I am going to veto tax increase. But guess what. When the way. Help was on the way. We elected these bills and not allow us to go home. new Republican Congress came to a Republican Congress, interest rates He is saying to us: If you do not grant Washington, this is the first thing that went down, and that interest rate, amnesty to people who violated the landed on our desk, and this is Bill which had risen to 7.9 percent on 10- laws of America by coming to the Clinton’s budget. He is still President. year Treasury bonds is, today, 5.71 per- country illegally, I am going to veto He sends us a new budget. He says that cent. the Commerce-Justice-State bill and by the end of 1999, if we will adopt his What about this booming stock mar- potentially shut down the FBI, the budget, the deficit will be $181 billion. ket? By raising taxes on gasoline and DEA, the criminal justice system, and Now, his tax increase has been the Social Security and the largest tax in- the courts. law of the land now for 2 years. Yet he crease in American history, their my- We are at the end of the Clinton ad- is still saying virtually $200 billion thology is that Bill Clinton set off this ministration, not at the beginning. deficits as far as the eye can see. boom in the stock market. There is President Clinton had his opportunity. Let me make a final point that I only one problem: It ain’t so. When you He raised taxes. He tried to implement think takes the cake. In his midsession look at the Dow Jones Industrial Aver- a $26 billion stimulus package. He tried review, this is in September of 1995, we age between 1993 and 1994, over that 2- to have the Government take over and have a Republican Congress. Bill Clin- year period when Bill Clinton’s tax in- run the health care business. He had ton says: If you will forget what these crease went into effect, the Dow went his chance. Republicans are saying and adopt my up by 13 points, about 6.5 or 7 percent We ought to have this election and budget, if you are willing to cut $927 a year—around there. I don’t have the let people decide. Do they want to billion of programs over the next 10 exact day of the tax and the day Clin- spend this surplus? If they do, they will years, then we might have a surplus in ton became President—just looking at know how to vote. If they do not—— 10 years. the numbers. The PRESIDING OFFICER. The time We didn’t adopt Bill Clinton’s budget. What do you think happened when we yielded the Senator from Texas has ex- His budget said we were going to have elected a Republican Congress? What pired.

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25487 Mr. GRAMM. We ought to let them flation and cause it to stay down? Of son behind our strong growth, I would vote before we do. course not. Productivity did, and inter- have agreed with them on that point. The PRESIDING OFFICER. The Sen- national trade did, and the Federal Re- Trade has been an important positive ator from New Mexico. serve Board did. That is the kind of in the chain of things that have hap- Mr. DOMENICI. If the Senator will thing that made America’s prosperity pened to make economic life better in hold up the health care plan again, I so significant in the past decade. these United States. say to Senator GRAMM, I want to make Did that tax increase reduce regu- I have time remaining. If there are a statement about it. I made a mis- latory burden, which all American any Senators on our side who want to take. If you look at the President’s FY companies will tell you started falling speak—— 1995 budget and health plan, it would under Ronald Reagan, and has contin- Mr. SESSIONS. Will the distin- have increased outlays by $1.4 tril- ued up to the recent telecommuni- guished Senator yield for a question? lion—I said billion. Billions are gone; cations deregulation? That was not a Mr. DOMENICI. I will be pleased to they are not in our vocabulary. The result of the ‘‘plan,’’ that $243 billion yield. $1.4 trillion is the additional outlays tax increase. Deregulation was part of Mr. SESSIONS. Looking at the that the President’s budget and health giving American business more free- chart, I joined this body in 1997, and at plan would have generated if we’d dom to achieve, expand, and to do that time we had a very tough battle adopted his plan versus the outlays things in the most efficient way rather on this side to produce a modest tax re- that the government actually recorded than the most burdensome way. duction, the $500-per-child tax credit over the five years covered by his budg- Did it help business become more ef- and reduce capital gains from 28 to 20 et. ficient in managing its inventories? Of percent and even lower for lower in- You heard Senator GRAMM describe course not. The 1993 budget plan had come people. They told us that was one of the most significant indicators nothing to do with it. Just-in-time in- going to run up the debt; we were going of prosperity—the 30-year Treasury ventory management had a lot to do to have more debt. Looking at that bond yield. Here is the chart that de- with it, making firms’ profits go up chart, interest rates appear to have scribes precisely what he spoke of. and their efficiency increase. gone down and, in fact, our surpluses Here is 1993. You see shortly after that, We could go on. Did global trade, have occurred since then; is that cor- yields drop a little bit. But then look which essentially kept inflation under rect? at what happens in the middle of 1993. control and opened new horizons to Mr. DOMENICI. I say to my good It goes to its highest rate on this chart. American business—was that impacted friend from Alabama, that is abso- Yields only begin to fall again after by the $243 billion ‘‘plan’’ which we lutely true, and he probably heard me 1995 and the election of a Republican hear regularly? No. It is only ‘‘irra- on the floor today. I mentioned enough Congress. After that, yields come back tional exuberance’’ that would cause subjects, but capital gains was also on down on a sustained basis. my Democratic colleagues to claim my list because we’ve gotten some very I want to just insert a comment, that the 1993 tax hike generated to- unexpected returns to the Treasury since there is so much talk about us day’s marvelous economy. from this source. Clearly, the 1997 cap- doing nothing here. This is sort of ex- I am not sure that ‘‘irrational exu- ital gains reduction—which we accom- traneous, but I think it is terribly rel- berance’’ is even an adequate word plished and the President signed al- evant to our discussion. This is a late- with which to describe the day-after- though it wasn’t high on his list—has this-evening quote from the President day trek to the floor of the Senate been one important factor behind this of the United States: Democrats to remind us that all good surplus that is now carrying us into Again, we have accomplished so much in things came from that day, that day this better period with a lot more flexi- this session of Congress in a bipartisan fash- when a difficult vote was taken to in- bility on what we can do in the future. ion. It has been one of the most productive crease taxes dramatically. I think the Mr. SESSIONS. Actually reducing sessions. American people understand that the tax rates on capital gains increased in- He goes on and asks for more. But for 1993 budget plan had little to do with come to the Government; is that fair to all those who have been listening, where we are and where we are going to say? again, to the ‘‘mythology,’’ to borrow end up. It is because we have a free Mr. DOMENICI. All indications are one of Senator GRAMM’s words, that we economy and we have made it freer. that it did. There are several things have not had a very productive Con- Frankly, let the people judge wheth- which have combined to get these tre- gress, let me say the President of the er we are more apt to keep this econ- mendous new revenue increases. One of United States spoke today and that is omy going if we have a tax reform them clearly is capital gains. Another what he said. measure that gives everybody some of is that real incomes have increased for Let me say to the American people, their money back to spend as they see all Americans in all income quintiles. to all the investors who took risks, to fit. I believe they will say that that They are paying a lot more taxes, and all of the people who invested in new gives this economy a much better when you have more Americans paying technology since 1993—we will just use chance than 200 new programs that the income taxes because they are work- that date—to all the millions of Ameri- Government is going to run which we ing, obviously you collect more rev- cans who get up every day and work do not have today, and we estimate— enue and you make Social Security hard and raise their standard of living: and I think this is a modest estimate— more solid. All of those are positive You know that it was not ‘‘the plan’’ that we could not administer with less things that occur when the American that caused America to achieve again than 20,000 new employees. economy is flourishing, when it is and grow again. Let me suggest we Americans understand their pros- booming, when more and more people have had one of the most remarkable perity does not come from the size of are working. productivity increases during the last our National Government. Maybe it is Capital gains is very instrumental in five years of this recovery that we have inverse to the size of our National Gov- that regard. I think there are many in had ever in American history. We had a ernment. I believe that might be a fair- this body who think in the near future period right after the Second World er estimate of America and the world. we ought to think seriously about re- War that rivaled this in productivity. Maybe the smaller our National Gov- ducing capital gains further. In my Did the productivity of the investors, ernment gets, the better we will com- opinion, it is very helpful for the stock risk takers, American workers, the pete and that is very important in the market, government fiscal position and banks with new technology, the new global economy. the economy. Higher stock values— computers—did all that happen because I do say the President of the United particularly in the Nasdaq have greatly we had a plan to raise taxes $243 bil- States deserves credit on trade. Had contributed to investment in new tech- lion? Of course not. Of course not. Did some Democrats said that votes to fur- nology, everything from computers to that $243 billion tax increase reduce in- ther free trade were an important rea- telecommunications, and everything in

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25488 CONGRESSIONAL RECORD—SENATE October 30, 2000 between. This is good for the economy, rising cost of fuel in America. If there kind of President or will we elect a since it boosts productivity and keeps is one thing that threatens our eco- President who understands America’s inflation down. The higher the produc- nomic growth, it is the increase in en- critical need for energy and who will tivity, even when you get less and less ergy prices. I have been talking with help create policies that are environ- unemployment, you do not get infla- businessmen in my State. They tell me mentally sound, that will allow us to tion. Americans do not appreciate low their concerns. Their profits are down. remove ourselves from under this yoke inflation yet. Most all other things can I traveled with a truck driver from of the OPEC cartel? be cured in the American economy if Birmingham to Clinton to Mont- Mr. President, I yield the floor. you keep inflation low. gomery. He told me he is paying $800 f Does the Senator have a further ob- more a month for fuel. I talked to THE EXPORT ADMINISTRATION servation? businesspeople about their fuel costs. MODIFICATION AND CLARIFICA- Mr. SESSIONS. I have remarks Families that were paying $100 a TION ACT which I will give if the Senator is fin- month this time last year for gasoline ished. I enjoyed so much hearing his for their clunkers and all that they Mr. GRAMM. Mr. President, as the analysis. have their families driving around in, Chairman of the Senate Committee on Mr. DOMENICI. I yield those 5 min- are now paying $160 a month for that Banking, Housing, and Urban Affairs, I utes to Senator SESSIONS. I yield the fuel. That is $60 a month taken out of wanted to take a moment to discuss floor. their family’s budget that they could H.R. 5239, the Export Administration Mr. SESSIONS. Mr. President, to fol- be spending for things in the market- Modification and Clarification Act. low up on the marvelous remarks that place. They will not be spending it in The Senate approved H.R. 5239 with a have gone before, I remember the first the marketplace because it is going to substitute amendment on October 11, hearings I attended of the Joint Eco- pay for energy costs. That is a threat and the House took up and passed the bill, as amended, earlier this afternoon. nomic Committee. I tell this story to us. We need to break that cycle. Since 1994 our export control system about who gets the credit for the econ- It occurred not so much because of has been maintained under a regu- omy. Alan Greenspan was the witness economic forces but because of polit- latory framework pursuant to the that day. I am not a trained economist. ical actions by the OPEC nations when International Emergency Economic I have been interested in these issues, they got together and withheld sup- Powers Act based on the provisions of but I am not a trained economist. plies and drove up energy prices and the Export Administration Act of 1979. We started the discussion, and the sat there and collected billions of dol- The Bureau of Export Administration chairman made a joke about who de- lars from America. The OPEC politi- (BXA), which administers our export served credit for the economy: Was it cians beat our politicians. They out- controls, recently has faced court chal- Mr. Greenspan or was it President Clin- smarted us. They took advantage of lenges regarding the integrity of that ton? Members on both sides joked our lack of production of American in- framework. Specifically, the courts about that and laughed a little bit, and dustry. We got even more and more in- have questioned BXA’s authority— we went on with the hearing. debted to them for our energy, and known as 12(c) authority—to maintain I had an article from USA Today, not they drove up the price. We had no the confidentiality of sensitive infor- a great economic journal, but it was an choice but to pay it. mation submitted by industry pursu- interesting article, and it interviewed We are paying 20 cents more, 60 cents ant to our export control rules. businessmen from Germany, Japan and more per gallon of gasoline and most of While comprehensive review and up- England, asking them why the U.S. that is going straight to those coun- dating of the Export Administration economy was doing so much better tries. If we tax gasoline in America 50 Act will be early on the agenda of the than theirs. They had double-digit un- cents a gallon, which is not too far Senate Banking Committee next year, employment of 12 and 13 percent, high- from what we do, at least that money we are undertaking a simple extension er inflation, and less growth than we goes to the State of Alabama or to the of the 1979 Act at this time to set the were having. They asked them why. Federal Government and is spent in the stage for that review. It is important They all agreed. They said it was be- United States. In effect, OPEC has to note, however, that replacing the cause the United States, even though taxed us. Every time you go to the gas 1994 expiration date with a 2001 expira- our taxes are high, had less taxes, less pump and pay for that gasoline, much tion date will make clear that BXA’s regulation, and a greater commitment of it is going straight out of our coun- authority to apply the 12(c) confiden- to the free market. try. It is a huge transfer of American tiality provision of the 1979 act is to be I asked Mr. Greenspan if he agreed wealth. It has the potential to not only considered as covering any information with that. He looked up at me and said: damage the family budget but to dam- regarding license applications obtained ‘‘I absolutely agree with that.’’ Less age our economy. I think we have to do during that time period, as if there had taxes, less regulation, and a greater something about it. been no interruption of authority. commitment to the free market. ‘‘Ab- The long-term solution is to get seri- f solutely,’’ he said, that is the basis for ous and start increasing production. the sound American economy. We have the capacity to increase pro- VICTIMS OF GUN VIOLENCE I think our taxes are still too high, duction in the United States. Mr. DURBIN. Mr. President, it has but they are less than Europe. Our reg- The PRESIDING OFFICER. The Sen- been more than a year since the Col- ulations are less, and we are more com- ator’s time has expired. umbine tragedy, but still this Repub- mitted to letting free market forces al- Mr. SESSIONS. Mr. President, I ask lican Congress refuses to act on sen- locate our resources than having the unanimous consent to have 1 addi- sible gun legislation. Government do it as they do in the Eu- tional minute. Since Columbine, thousands of Amer- ropean countries. I believe that is the Mr. LOTT addressed the Chair. icans have been killed by gunfire. Until basis for being successful. Mr. SESSIONS. I yield to the major- we act, Democrats in the Senate will I thought later what I really should ity leader. read the names of some of those who have said at that time was that Ronald Mr. LOTT. Go ahead. have lost their lives to gun violence in Reagan deserves credit for this econ- Mr. President, I will withhold. the past year, and we will continue to omy because that is what he fought for Mr. SESSIONS. I will simply say do so every day that the Senate is in and that is the direction we moved. this. In this election—since we are session. We have had substantial increases in talking about elections here on the In the name of those who died, we taxes that have burdened Americans other side—the American people have a will continue this fight. Following are substantially. choice: Will they elect a President the names of some of the people who There is one thing that troubles me who, with his deepest core beliefs, were killed by gunfire one year ago about this economy, and that is the would be a no-growth, no-production today.

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25489 October 30, 1999: threats to our liberty, with outlaw state, and local efforts to crack down Hichem Belhouchet, 31, Houston, TX; leaders of rogue states waging extrem- on crime committed against older Joel Cobrales, 21, Chicago, IL; ist campaigns against freedom and de- Americans. Although I wish the Con- Gustavo Delgado, 81, Miami-Dade mocracy, as well as the persistent dan- gress had also acted on additional pro- County, FL; ger of terrorist attacks—which we have posals to protect elderly Americans, in- Ollie T. Fisher, 34, Chicago, IL; seen all too recently with the USS Cole cluding S. 751, the Seniors Safety Act, Jermaine Jones, 21, St. Louis, MO; tragedy. I am glad that we were at least able to Woodrow Kelly, 51, Washington, DC; Indeed, the world is still a dangerous pass this legislation. Deshawn Powell, 28, Detroit, MI; place, and World War I’s promise of a I have been concerned for some time Paula Proper, 33, Rockford, IL; lasting, worldwide peace has yet to be that even as the general crime rate has Lewis Queen, Washington, DC; realized. The conflicts of the last cen- been declining steadily over the past Fidel Quiros, 41, Miami-Dade County, tury remind us that freedom con- eight years, the rate of crime against FL; stantly requires great sacrifices and the elderly has remained unchanged. Derrick Redd, 19, Chicago, IL; often the lives of those who defend it. That is why I introduced the Seniors Quinten Reed, 18, Nashville, TN; It is these patriots, the men and Safety Act with Senators DASCHLE, Antonio Sanchez, 24, Charlotte, NC; women of our armed forces, who an- KENNEDY, and TORRICELLI over a year Tanisha Simmons, 17, Detroit, MI; swered the call of service and protected ago. The Judiciary Committee refused David Walterson, 36, Miami-Dade the freedoms we cherish. Although we to hold hearings on this bill, which pro- County, FL; and can never fully repay the debt we owe vides a comprehensive approach to a Unidentified Male, 26, Newark, NJ. these courageous Americans, we can variety of problems affecting seniors Following are the names of some of and must continue to recognize the today. the people who were killed by gunfire price they paid. Thankfully, the Republican majority one year ago Saturday and Sunday. This year, Veterans’ Day falls just was less hostile to S. 3164, which in- October 28, 1999: four days after Election Day. I find this cludes one of the titles from the Sen- Duane Brown, 17, Chicago, IL; particularly fitting, as there is no iors Safety Act. This title does two John Cardoza, 24, Denver, CO; greater symbol of American liberty things. First, it instructs the Attorney David Clemons, 35, Bridgeport, CT; than our ability to participate in free General to conduct a study relating to Melvin K. Owens, 28, Chicago, IL; and fair elections. Above all else, we crimes against seniors, so that we can Victor Rijos, 25, Bridgeport, CT; owe this freedom to our veterans. Time develop a coherent strategy to prevent Tom Shields, 54, Detroit, MI; and again, our democracy has been pre- and properly punish such crimes. Sec- Nelson J. Sullivan, 17, Chicago, IL; served by these brave men and women. ond, it mandates the inclusion of sen- Alicia Valladares, 30, Houston, TX; This Veterans’ Day marks another iors in the National Crime Victimiza- Nyere Waller, 25, Oklahoma City, OK; special occasion; the groundbreaking tion Study. Both of these are impor- Cameron Wojaciechaski, 22, Detroit, ceremony for the World War II Memo- tant steps. MI; rial, to be located on the National Mall The Protecting Seniors from Fraud Michael Yslas, 54, Oakland, CA; and in our nation’s capital. This monument Act includes important proposals for Unidentified Male, 15, Chicago, IL. will stand in recognition of a genera- addressing the problem of crimes October 29, 1999: tion of Americans who served their against the elderly, especially fraud Tobey Antone, 18, Louisville, KY; country so ably in resisting the forces crimes. In addition to the provisions Richard Brumfield, 42, Louisville, of Nazism and oppression. This was a described above, this bill authorizes KY; defining moment in our nation’s his- the Secretary of Health and Human Kenyatta Evans, 28, Detroit, MI; tory, and one to which almost every Services to make grants to establish Troy Johnson, 38, Oakland, CA; American feels some connection. My local programs to prevent fraud James Middleton, 40, Baltimore, MD; own father is a World War II veteran, against seniors and educate them Rasheed Mohammed, 22, Binghamton, and Purple Heart recipient. about the risk of fraud, as well as to NY; Unlike my father, however, many provide information about tele- Jesus Rodriquez, 24, Dallas, TX; Americans did not return home from marketing and sweepstakes fraud to Rene Wright, 38, Fort Worth, TX. this noble campaign. They were the seniors, both directly and through We cannot sit back and allow such duty-bound sons and daughters of our State Attorneys General. These are senseless gun violence to continue. The nation, who made the ultimate sac- two common-sense provisions that will deaths of these people are a reminder rifice for their country and for free- help seniors protect themselves against to all of us that we need to enact sen- dom. In the words of President LIN- crime. sible gun legislation now. COLN, they ‘‘gave the last full measure I hope that when Congress recon- f of devotion,’’ and we must uphold the venes in January, we will consider the memory of their heroism with respect, rest of the Seniors Safety Act, and HONORING OUR VETERANS ON with reverence, and with our heartfelt enact even more comprehensive protec- VETERANS’ DAY admiration. tions for our seniors. The Seniors Safe- Ms. COLLINS. Mr. President, on No- This is the purpose of Veterans’ Day. ty Act offers a comprehensive approach vember 11th, people across the United Although mere words do not pay ade- that would increase law enforcement’s States will celebrate Veterans’ Day—a quate tribute to the sacrifices our vet- ability to battle telemarketing, pen- day in which we pause to remember erans have laid upon the altar of free- sion, and health care fraud, as well as and to honor the brave men and women dom, the knowledge of their noble to police nursing homes with a record who served their country in our armed deeds lives in the hearts and minds of of mistreating their residents. The Jus- forces. those who are free—and shall not be tice Department has said that the Sen- November 11th also marks the anni- forgotten. iors Safety Act would ‘‘be of assistance versary of the armistice that ended f in a number of ways.’’ I have urged the World War I, a conflict that promised Senate Judiciary Committee to hold to be the ‘‘war to end all wars.’’ Unfor- HOUSE PASSAGE OF S. 3164 hearings on the Seniors Safety Act as tunately, the peace that followed ∑ Mr. LEAHY. Mr. President, I would long ago as October 1999, and again this World War I was short-lived. The world like to commend Senator BAYH for his past February, but my requests have soon was plunged into the cauldron of efforts on S. 3164, the Protecting Sen- not been granted. Now, as the session is World War II, followed by the terror of iors from Fraud Act, which the House coming to a close, we are out of time the Cold War—played out on so many passed today. This bill, which I cospon- for hearings on this important and fronts, most tragically in Korea and sored along with Senators GRAMS and comprehensive proposal and significant Vietnam. Today we face continued CLELAND, will greatly assist federal, parts of the Seniors Safety Act remain

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25490 CONGRESSIONAL RECORD—SENATE October 30, 2000 pending in the Senate Judiciary Com- ly or Alzheimer’s patients, who are less previous contract for the production mittee as part of the unfinished busi- willing or able to complain or alert law and vulnerable storage of the anthrax ness of this Congress. enforcement.’’ This legislation gives vaccine. The terms of the contract re- Let me briefly summarize the parts law enforcement the additional inves- lief reduced the number of doses of vac- of the Seniors Safety Act that the ma- tigatory tools it needs to uncover, in- cine to be produced by one-half, jority in the Congress has declined to vestigate, and prosecute health care of- charged the U.S. taxpayer almost three consider. First, the Seniors Safety Act fenses in both criminal and civil pro- times as much as was originally nego- provides additional protections to ceedings. It also protects whistle-blow- tiated, and provided BioPort with an nursing home residents. Nursing homes ers who alert law enforcement officers interest-free loan of almost $20 million. provide an important service for our to examples of health care fraud. BioPort officials have stated that even seniors—indeed, more than 40 percent I commend Senators BAYH, GRAMS, this may not constitute enough sup- of Americans turning 65 this year will and CLELAND for working to take steps port. I question the fitness of whoever need nursing home care at some point to improve the safety and security of negotiated such a horrendous arrange- in their lives. Many nursing homes do America’s seniors. We have done the ment on behalf of the American tax- a wonderful job with a very difficult right thing in passing this bipartisan payer. task—this legislation simply looks to legislation and beginning the fight to In July, because of BioPort’s con- protect seniors and their families by lower the crime rate against seniors. I tinuing troubles, the Department was isolating the bad providers in oper- urge consideration of the Seniors Safe- forced to dramatically scale back the ation. It does this by giving federal law ty Act. It would provide a comprehen- scope of Phase One of the immuniza- enforcement the authority to inves- sive approach toward giving law en- tion program because the rapid rate of tigate and prosecute operators of those forcement and older Americans the vaccinations threatened to consume nursing homes that engage in a pattern tools they need to prevent crime.∑ the last of the Department’s stockpile of health and safety violations. This f of FDA approved vaccine. Now, only authority is all the more important those personnel who are deployed to DEPARTMENT OF DEFENSE given the study prepared by the De- high-threat regions, such as the Per- VACCINE ACQUISITION STRATEGY partment of Health and Human Serv- sian Gulf and the Korean Peninsula, ices and reported this summer in the Mr. HUTCHINSON. Mr. President, I will receive vaccinations. As it appears New York Times showing that 54 per- rise today to notify my colleagues of increasingly apparent that neither ad- cent of American nursing homes fail to my efforts to change the Department ditional lots of vaccine, nor the new meet the Department’s ‘‘proposed min- of Defense’s vaccine acquisition strat- production line in East Lansing, will imum standard’’ for patient care. The egy. You see, it is my belief that the receive FDA approval anytime soon study also showed that 92 percent of BioPort/anthrax debacle provides law- even this dramatically reduced effort nursing homes have less staff than nec- makers with an excellent case study, may completely exhaust the Depart- essary to provide optimal care. one which illustrates that the Depart- ment’s supply of vaccine, leaving our Second, the Seniors Safety Act helps ment’s present policy of relying on the troops vulnerable. protect seniors from telemarket fraud, private sector to provide vaccines crit- As the Department is preparing to which costs billions of dollars every ical to the protection of our men and transition into production of the first year. This legislation would give the women in uniform is fatally flawed and of more than a dozen new bio-war vac- Attorney General the authority to must be changed. There exists a grow- cines developed under the Joint Vac- block or terminate telephone service ing consensus that the Department of cine Acquisition Program, it was ap- where that service is being used to de- Defense must shoulder the responsi- parent to me that unless we wish to re- fraud seniors. If someone takes your bility and begin to produce biological peat the mistakes of the past, a new money at gunpoint, the law says we warfare vaccines for itself. acquisition strategy is urgently need- can take away their gun. If someone In the early 1990’s, in the aftermath ed. uses their phone to take away your of the gulf war, recommendations were My colleagues and I on the Senate money, the law should allow us to pro- presented to senior Defense Depart- Armed Service Committee are making tect other victims by taking their ment acquisition officials to fulfill the efforts to prevent the Defense Depart- phone away. In addition, this proposal urgent demands of war-fighters to de- ment from continuing to pursue a would establish a Better Business Bu- velop vaccines against biological flawed acquisition strategy. Through reau-style clearinghouse that would agents. One of the principal rec- oversight hearings and legislative pro- keep track of complaints made about ommendations was for the construc- visions within the national defense au- telemarketing companies. With a sim- tion of a Government-owned, con- thorization bill, we are actively pro- ple phone call, seniors could find out tractor-operated (GOCO) vaccine pro- viding the Department with some whether the company trying to sell to duction facility. Detailed and thought- much needed guidance. them over the phone or over the Inter- ful studies presented many merits to On April 14, I chaired the second of net has been the subject of complaints the GOCO approach. Without listing all three committee hearings on the topic or been convicted of fraud. of its merits, I will point out that the of vaccine production. During that Third, the Seniors Safety Act pun- GOCO option would guarantee the hearing, DOD personnel who had advo- ishes pension fraud. Seniors who have country access to a vaccine supply im- cated the GOCO route in the early worked hard for years should not have mune from the foibles of a profit-driv- Nineties, and were overruled, were to worry that their hard-earned retire- en pharmaceuticals industry. given the opportunity to testify. Their ment savings will not be there when For reasons that remain a mystery to testimony is perhaps the most impor- they need them. The bill would create this day, the Defense Department did tant the committee has received all new criminal and civil penalties for not elect to pursue the safer, GOCO op- year on this topic. those who defraud pension plans, and tion. Rather, the Department chose to At a third committee hearing, con- increase the penalties for bribery and contract with a private-sector entity ducted in July, the Department an- graft in connection with employee ben- we now know as BioPort, for the vac- nounced that it had published a solici- efit plans. cine against the biological agent an- tation for a second-source of the An- Finally, the Seniors Safety Act thrax. thrax vaccine. As the Department re- strengthens law enforcement’s ability Since embarking on this acquisition ceived only cursory inquiries from the to fight health care fraud. A recent strategy, events have proceeded as pharmaceutical industry during the re- study by the National Institute for many had feared they would; disas- quired thirty day period, this effort ap- Justice reports that many health care trously. Last summer, the Defense De- pears to have failed. fraud schemes ‘‘deliberately target vul- partment awarded the BioPort corpora- In response to the testimony received nerable populations, such as the elder- tion extraordinary contract relief to a by the committee, I drafted section 221

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25491 of the Senate’s fiscal year 2001 national that occurred as a result. That list was ADDITIONAL STATEMENTS defense authorization bill. Section 221 long, far too long. The number of requires the Secretary of Defense to shootings, in schools and public places, conduct a reevaluation of the present have claimed the lives of too many THELMA RIVERS CELEBRATES vaccine acquisition. The report will in- Americans, especially our young peo- 115TH BIRTHDAY clude an evaluation of the commercial ple. ∑ Mr. HOLLINGS. Mr. President, it is with great pleasure that I recognize sector to meet DOD’s vaccine require- I believe all of us want to know why South Carolina’s Thelma Frazier Riv- ments and a design for a Government- children in the United States seem ers who will celebrate her 115th birth- owned, contractor-operated vaccine more vulnerable to gun violence than production facility. day on Nov. 3. Mrs. Rivers was born in children in other industrialized na- Section 221 also notes that a signifi- Darlington County in 1885 and now tions? Some would argue that it is be- cant body of work regarding this topic lives in nearby Timmonsville in Flor- cause American children are watching was assembled in the early 1990’s in- ence County. She and her late husband, movies and television programs that cluding Project Badger, which rec- Horace, had 22 children and many of are disturbingly violent. Some say that ommended that a GOCO vaccine pro- them, as well as plenty of grand- our children are lacking in religious in- duction facility be constructed at the children and great-grandchildren, will fluences. Certainly, these may be fac- Pine Bluff Arsenal in my home state of help her celebrate this remarkable oc- Arkansas. tors, and we should do everything we casion. Throughout her life, Mrs. Riv- I am pleased to report that the provi- can to steer our kids in the right direc- ers has enjoyed working in her yard sion was retained in the conference re- tion, but if we are going to protect and serving at her church, Bethlehem port which the Congress voted to send children’s lives, we must first and fore- Baptist, in Timmonsville. She was to the President for his signature. most limit our children’s access to blessed with a beautiful singing voice In addition to hearings and legisla- guns. which she has passed down to her chil- tive provisions, I have begun a dialog I have repeatedly made the point dren and grandchildren. She also has a with numerous personnel within the that Canadian children, who play the flair for any kind of handiwork, includ- Office of the Secretary of Defense. I same video games and watch the same ing quilting, and she still enjoys sew- would be remiss if I did not mention movies are much safer than their ing. ‘‘Everyone in Timmonsville knows the many productive conversations I American counterparts. The reason— Thelma,’’ one of her daughters ex- have had with the Under Secretary of Canadian laws successfully limit mi- plained, and rightly so; Mrs. Thelma Defense, Rudy deLeon. Because Sec- nors’ access to firearms while Amer- Rivers is truly a treasure. My wife, retary deLeon is relatively new to his ican laws do not. Peatsy, and I wish her continued position and has little ownership over How else can one explain that during health and happiness and the most joy- ∑ the flawed decisions of the past, he has the year 1999 in Detroit, Michigan ful of birthdays. been very willing to explore alter- there were 337 homicides committed f native acquisition strategies including with firearms (Source: Michigan State the solution I favor: construction of a TRIBUTE TO KENNERLY Police). For the same year, in Windsor, ELEMENTARY SCHOOL Government-owned, contractor-oper- Ontario, a city less than half a mile ∑ Mr. ASHCROFT. Mr. President, I rise ated vaccine production facility. As away from Detroit, there was just a today to congratulate Kennerly Ele- evidence of his commitment to find a single firearm homicide (Source: Wind- mentary School, in St. Louis, MO. solution, vaccine production was the sor Police Services). In one year, 337 Kennerly is one of nine schools to be first topic discussed by the Defense Re- firearm homicides in Detroit versus named recently to the 2000 National sources Board, which Secretary deLeon one in Windsor, even though the chil- Schools of Character in recognition of chairs, when it met to begin its prepa- dren in these cities often listen to the its exemplary work to encourage the ration of the Defense budget submis- same radio stations and watch the social, ethical and academic develop- sion for fiscal year 2001. exact same television programs. That I have encouraged Secretary deLeon ment of its students through character is a shocking statistic, one that should to include $25 million in the fiscal year education. jolt this Congress to action. Unfortu- 2002 Defense budget submission for Sponsored by the Character Edu- nately, to my great disappointment, R&D, in addition to $400 million in the cation Partnership, National Schools this Congress will adjourn without next version of the Department’s Fis- of Character is an annual awards pro- doing a single thing to protect our chil- cal Years Development Plan, to cover gram recognizing K–12 schools and dis- dren from gun violence in Detroit or construction costs. To ensure that tricts demonstrating outstanding char- anywhere else in America. funding for this project does not come acter education initiatives and yield- at the expense of other critically need- ing positive results in student behav- f ed bio-defense programs, I will soon ior, school environment, and academic meet with the Director of OMB. I am performance. Kennerly exemplifies its hopeful that I can explore with Mr. EXPLANATION OF ABSENCE school motto ‘‘Friends Learning To- gether’’ by involving students, teach- Lew ways to increase the top-line of Mr. ROCKEFELLER. Mr. President, I the Defense budget to cover the ex- ers, parents, and the community. In- was absent from the Senate on the cluded in Kennerly’s character edu- pense of this project. morning of Friday, October 27, 2000, For too long DOD has pursued a cation programs are a Character Plus during the vote on the motion to pro- flawed acquisition strategy that is a Team, a Character Club, and a Char- ceed to consideration of the conference disservice to both the American tax- acter Cabinet. report accompanying H.R. 2415, which payer and our men and women in uni- As a strong supporter of character contains the pending bankruptcy re- form. The Department must be weaned education, I am pleased to see that form legislation. I was unable to return from its dependence on the private sec- Kennerly’s Character Education pro- to the Senate in time for this unsched- tor for the provision of critical biologi- gram has produced great results, both uled vote due to a commitment Friday cal warfare vaccines. in academics, and in the social climate morning in Charleston, West Virginia. f of the school. Academic performance Had I been in attendance in the Senate has increased, and discipline problems FIREARM HOMICIDES during that vote, I would have voted to have decreased. I have fought to in- Mr. LEVIN. Mr. President, last week proceed to the bankruptcy legislation. crease the amount of funding available I submitted a list of some of the high My vote would not have changed the for character education because profile shootings that took place over outcome of the vote on the motion to schools like Kennerly have dem- the past two years and the casualties proceed. onstrated that character education

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25492 CONGRESSIONAL RECORD—SENATE October 30, 2000 programs increase the value of edu- chamber near the elevators. That was I have also stayed in touch with cation for all our children and enhance his post for 19 years. VISTA and was delighted to partici- our communities. It is truly a privilege Even though he is called Andy, his pate in the VISTA anniversary events, for students to attend schools like real name is Oliver Anders. His home- as many former VISTA workers did. Kennerly. town is Greer, South Carolina, and the Mr. President, I ask to print in the So, I extend my congratulations to first vote he ever cast was for Senator RECORD, the remarks of John E. Kennerly Elementary School in St. STROM THURMOND. As you can see, Gherty, president and CEO of Land O’ Louis, Missouri, for its outstanding Andy is a man of very good judgment. Lakes, Inc., and more importantly a character education programs.∑ For the last five years Andy has been former VISTA worker. His remarks assigned to the fourth floor of the Cap- f outline the history of VISTA and cap- itol outside the Senate Security ture its vision for the future. IN RECOGNITION OF PROJECT spaces. He is one of the most trusted The remarks follows: ACORN and dependable members of the U.S. OCTOBER 13, 2000 ∑ Mr. TORRICELLI. Mr. President, I Capitol Police force. Good afternoon, and thank you for the op- rise today to salute the charitable ef- He is also a well informed student of portunity to be with you to celebrate the forts of Project Acorn, a non-profit or- American history. When I learned he 35th anniversary of VISTA—now a proud planned to visit my State during his part of AmeriCorps. ganization that works to place and I wanted to participate in this celebration fund children in two-year preschool vacation several years ago, I suggested some special sites for him to see in for a couple of very important and very per- scholarship programs. What started sonal reasons. out as Stuart and Jill Lasser’s indi- Vicksburg, Natchez and Jackson. My First, because I truly believe in the prin- vidual act of kindness has become an Administrative Assistant, at that time, ciples behind VISTA and AmeriCorps. I take expanded effort throughout Morris Wiley Carter, who was also a great considerable pride in the program’s 35 years County and now across New Jersey to friend and admirer of Andy, went with of accomplishment—and in my own partici- help families who cannot afford quality him to the State Capitol and intro- pation some 32 years ago. I’ll tell you more duced him to the Speaker of the State about that in just a few minutes. preschool education. The couple’s lofty My second reason for being here is even objectives and hard work enabled the House of Representatives and other of- ficials and also arranged a tour of the more personal. It’s because the youngest of organization to flourish over the past my three daughters, ten-year-old Katherine, five years through partnerships with Governor’s Mansion. Of course, Andy told me it was important for me to be here. benefactors, volunteers, and area enjoyed all of this special attention. Let me explain. preschools. But, he deserved it. Originally, I thought I might be addressing We don’t do enough in my opinion for Education has been, and continues to this group on the weekend, and that I might those who work hard and faithfully bring Katherine with me. One evening about be, the cornerstone of opportunity and every day to make the Senate a safe six weeks ago, I got home somewhat late and advancement in American society. Pre- and secure place to work. Since he went up to her room to say goodnight. It school education provides the founda- began his career with the U.S. Capitol seemed like the right time to ask her if she tion and many of the basic tools that Police on November 4, 1974, Oliver would like to take a trip to Washington, DC. children need to succeed. Study after Like most ten-year-olds, she responded Anders has been one of those you could study has shown a direct correlation with a question of her own. ‘‘What for?’’ always count on to be at his post, car- I told her I was considering speaking to a between high-quality early childhood rying out his important responsibil- education and success in life. All of group called AmeriCorps, which was the suc- ities, with a smile and kind greeting cessor to VISTA. these studies on the effects of pre- for all Senators, and their constitu- Her response—and you parents will under- school education have shown higher ents. stand this, was another question of her short-term and long-term gains such as We will miss him greatly, but we own—‘‘What’s AmeriCorps or VISTA do?’’ I higher I.Q. scores and a greater likeli- won’t forget him or the excellent way told her it was an organization formed to hood of graduating from high school he performed his duties. I wish him help people in need in the United States— and college. and that it dealt with issues like poverty, much happiness and satisfaction in the hunger, health care and housing. Project Acorn has provided hundreds years ahead.∑ of families with the critical resources Her eyes lit up with understanding, and f without hesitation, she said ‘‘Dad, you necessary to place their children in a should go.’’ variety of preschool programs. These 35TH ANNIVERSARY OF VISTA I tell you this story because I believe scholarships defray the costs of pre- ∑ Mr. ROCKEFELLER. Mr. President, I Katherine’s almost instant understanding school education and thereby ‘‘plant am very proud that VISTA is cele- serves to reinforce the fundamental impor- the seeds for a better community, one brating its thirty-fifth anniversary this tance and value of what each of you has ac- child at a time.’’ year. VISTA is special for me because complished or is committed to accom- Project Acorn has helped many it was my work in VISTA that brought plishing as VISTA alumni and AmeriCorps young individuals in Morris County. It participants. me to West Virginia and changed the This afternoon’s program brings together a serves as an excellent example of what course of my career. unique mix of new AmeriCorps/VISTA par- can be accomplished by concerned citi- Because of my work in Emmons, WV, ticipants and VISTA alumni. zens who have identified an urgent as a VISTA worker, I decided to make As one of those alumni, I have a message need within their community, and it is West Virginia my home and public for all of the new participants. What you ac- an honor to recognize their vision and service in government my life. In complish during today’s working sessions, compassion.∑ Emmons, I worked for a community and the work you put in during the coming year, will make a difference. f center, preventative health care, and fought to get a school bus so those It will make a difference not just in the lives of those who benefit from the services U.S. CAPITOL POLICE OFFICER teens would get a high school edu- OLIVER ANDERS RETIRES you develop and provide—but in your lives as cation. From the grassroots, I learned well. ∑ Mr. COCHRAN. Mr. President, the how government can improve the qual- That, in fact, is what this three-day cele- Senate will be diminished considerably ity of life in a community. I pursued a bration is all about . . . recognizing the on- when one of my favorite U.S. Capitol career in government, beginning with a going difference VISTA has made in the lives Police Officers, Andy Anders, retires at seat in the West Virginia House of Del- of the millions of people who have been the end of this month. egates. My work in Emmons was very served by its programs, as well as in the lives When I first met Andy, the day I was meaningful, and it changed me. I have of the 130,000 VISTA alumni who delivered those programs. sworn in as a Senator, he was one of stayed in touch with the people of Let me take just a few minutes to reflect the so-called Fearless Five. Those were Emmons and joined them this summer on my own VISTA experience. the officers who were stationed just to celebrate the community finally I remember when President Kennedy an- outside the entrance to the Senate getting clean water. nounced the formation of the Peace Corps

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25493 back in 1962. I was a student at the Univer- sponsibility for getting the job done. I saw different skills in pursuit of common goals, sity of Wisconsin . . . an institution right- the importance of sizing up the issues and— you can being even greater force to bear on fully known for the quality of its education in an environment where there were not a those goals. and the strength of its activism. lot of rules or precedents to follow—taking I also learned that when you are getting I recall being impressed with the concept the initiative in ways that made a difference. your hands dirty in pursuant of a common of the Peace Corps, and being convinced it My participation in VISTA also taught me goal, people very quickly forget whether you was something I wanted to do once I finished that long-term success depends on the abil- are white, black, young or old, from the farm school. After graduating from business ity to create opportunity. The success of or the city. school and entering law school, I was even VISTA programming is not based on ‘‘hands- Once you roll up your sleeves and get down more convinced that public service was not outs,’’ it’s based on creating opportunities to the task at hand—diversity is not a prob- only a personal opportunity, but—quite sim- for people to better themselves. lem, it is a powerful problem-solving tool. ply—just the right thing to do. I can guarantee—from personal experience Finally, VISTA taught me a lot about It was at about that time that VISTA— on Chicago’s South Side—that given the op- leadership. I’m not talking just about how to then referred to as ‘‘The Domestic Peace portunity to succeed, and even the slightest best exercise my own leadership role—but Corps’’—was formed. bit of sincere encouragement, people will also about identifying existing and potential When I completed law school, I sought out take advantage of it. leaders and building leadership skills in the public service opportunities and was offered For example, when I arrived at the Ickes community. the chance to serve with the Peace Corps in public housing development back in 1968, I learned that to succeed, you must drive Ethiopia or Botswana. I felt very strongly, food prices and food quality were significant leadership skills throughout the organiza- on a personal level, about the importance of issues. Poverty and mobility limited resi- tion—and you must give those new leaders giving a priority to addressing our needs dents’ choices. responsibility and authority. here at home. So, I focused my energies on Working with community residents, we Believe me, I met lots of strong, effective becoming part of VISTA. formed a volunteer-led food buying club fo- leaders on Chicago’s South Side. Some were I soon found myself—fresh out of law cused on bringing higher-quality, fairly single mothers with babies balanced on their school at the University of Wisconsin and priced groceries into the neighborhood. hips, others were experienced organizers not really that far removed from my family’s Very quickly we had a crew of volunteers from the Reverend Jesse Jackson’s Oper- Western Wisconsin farm—on my way to Chi- in each building taking weekly grocery or- ation Breadbasket, and still others were el- cago to work out of the Henry Booth House, ders from fellow residents and additional derly couples who had lived their entire lives which was part of Hull House, in the Ickes volunteers turning their apartments into in a neighborhood they refused to give up on. public housing development on Chicago’s food distribution centers. Yes, and some were even wearing the red be- South Side. We were able to leverage our volunteer rets of the Peacestone Rangers. They were all different, but they all shared How much of a culture shock was that? For force and our increased buying power to a vision, and an ability to motivate others in those of you who aren’t familiar with the make higher-quality groceries available at pursuit of that vision. They were true lead- South Side of Chicago, Folk singer Jim better prices. Just as important, perhaps, ers—and our team of VISTA volunteers Croce—in his song ‘‘Bad Bad LeRoy the residents had a new sense of self-es- would have accomplished very little without Brown’’—referred to the area as ‘‘the baddest teem—of knowing they could take control— them. part of town.’’ that they could have a say in community Were these important lessons? On the surface, that was a pretty apt de- quality of life. scription. It was a tough, poverty-stricken, I think all the VISTA participants from The program gave them the opportunity to the past 35 years would agree that the les- inner-city neighborhood, where Black Power succeed and they took advantage of it. was an influential and powerful force—and sons they learned in VISTA—the insight VISTA also gave me new insight into the they gained and the skills they honed while for good reason. importance of teamwork and team building. It was a pretty challenging environment serving the community—helped prepare I learned that one of the first elements in them for success, no matter what course for a fresh-out-of-school, Caucasian, farm- being successful at anything is to recognize kid from Wisconsin. I can tell you truthfully their lives took. that you simply cannot do it all alone. To this day—more than 30 years later—my that there was considerable community In VISTA, I quickly recognized the impor- skepticism regarding my intentions and my own service with VISTA continues to have tance of going out into the community and an impact on my life and my career. motives. identifying the team players—those with the As you can imagine, my VISTA involve- I continue to believe with a passion that skills, the commitment and the spirit to get ment proved to be a truly eye-opening expe- corporate social responsibility is absolutely the job done—and getting them on your rience. non-negotiable. No matter what business you team. It was also tremendously rewarding, know- are in—the recognition of corporate social I also learned a great deal about the impor- ing that I was contributing to the future of responsibility must be part of your core val- tance of building effective alliances—and what I came to think of as my South Side ues and an essential element in your organi- that sometimes you find strong allies where community—that I was helping to establish zational vision. you least expect them. programs and services that would continue And, I’m not just talking about corporate Going back to the issue of food quality and to benefit the neighborhood after I was gone. and foundation giving—or the encourage- prices. There was a particular grocery chain It was also a significant learning experi- ment of community service and vol- which was taking advantage of its location ence. In fact, I am absolutely convinced that unteerism. I’m also talking about the way and the limited resources of neighborhood my personal VISTA ‘‘take-aways’’ matched, you treat employees, customers and owners; residents. High prices and very poor quality and probably even exceeded, what I gave to the ethics and values you bring to your busi- meat and produce were the rule—not the ex- the program. ness practices; the respect you show for the When I think about what I learned during ception. environment. my VISTA involvement, five things come to In our wisdom—or perhaps our ignorance— That’s why, at the company I work for mind almost immediately: our VISTA team decided to organize a picket today—Land O’Lakes—we have included The absolute importance of taking respon- line at the store to bring attention to its being our customers’ first choice; our em- sibility and creating opportunity; shortcomings. It was a tense situation, and ployees’ first choice; responsible to our own- The essential role of teamwork and team we actually feared for our safety and that of ers; and a leader in our communities as crit- building; the residents who were supporting us. ical elements in our vision of being one of The importance of building effective alli- At that same time, a gang called The the best food and agricultural companies in ances; Blackstone Rangers—known for years as an the world. The strength that can be found in diver- intimidating ‘‘take no prisoners’’ organiza- Our extended vision statement states sity; and tion—was making a real effort to change clearly that—We recognize our responsibil- The need to identify leaders and build lead- their image. The most outward signs of that ities to the communities in which we oper- ership skills. effort were their donning of distinctive red ate. And that we will be proactive in dedi- These were critical elements in my ability berets and the changing of their name to the cating resources to build a better quality of to fulfill my role with VISTA ... and over the Peacestone Rangers. life, operate in an ethical and environ- years I have found them to be the critical Well, they decided to make our cause their mentally sensitive manner and live by our building blocks for success, no matter what cause—and with these allies on the picket values. the endeavor or organization. line, the balance of power shifted in the com- What about our internal community—our Let’s look at these five concepts—starting munity’s favor. employees? Again, in our vision, we state with the importance of taking responsibility My VISTA involvement also taught me the clearly that ‘‘We believe in respecting diver- and creating opportunity. strength that can be found in diversity. I sity and in encouraging teamwork, involve- My VISTA involvement taught me that, to learned that by bringing together people of ment, development and empowerment of all truly succeed, you must take personal re- different cultures, different viewpoints and employees.

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25494 CONGRESSIONAL RECORD—SENATE October 30, 2000 What does all this sound like? It sounds cine, Chief of Cardiology. In 1998, he ness, and economic development with re- very much like my personal takeaways from was named to the ‘‘Best Doctors in spect to activities conducted on Indian VISTA—taking responsibility; creating op- America’’ list. He served as governor of lands. S. 835. An act to encourage the restoration portunity; building teams, teamwork and ef- the American College of Cardiology fective alliances; and developing leaders and of estuary habitat through more efficient leadership. and as president of the S.C. affiliate of project financing and enhanced coordination In just a few minutes, you are going to the American Heart Association. Mi- of Federal and non-Federal restoration pro- break into work groups and tackle the task chael also authored numerous medical grams, and for other purposes. of developing Pilot AmeriCorps VISTA articles and medical textbook chap- S. 1586. An act to reduce the fractionated projects for 2001 and beyond. ters. While at MUSC, he received the ownership of Indian Lands, and for other pur- I urge you to be aggressive and ambitious poses. prestigious Golden Apple Award for ex- S. 2719. An act to provide for business de- in those deliberations. To recognize that, in cellence in teaching. The President of a time of what many call unprecedented velopment and trade promotion for Native prosperity—there is still significant poverty MUSC, Raymond Greenberg, said, ‘‘his Americans, and for other purposes. in America. In fact, approximately 32 million professional legacy lies in the genera- S. 2950. An act to authorize the Secretary Americans—one in nine—live on incomes tion of young doctors who, as Michael of the Interior to establish the Sand Creek below the poverty level. Assey’s students, not only learned clin- Massacre Historic Site in the State of Colo- I believe today’s combination of prosperity ical skills, but compassion and com- rado. and poverty makes each and every Ameri- mitment.’’ With Michael’s passing, the f can’s social responsibility even more de- Medical University has lost a great EXECUTIVE AND OTHER manding. doctor and great teacher and South We must ask ourselves, in a nation as pros- COMMUNICATIONS perous as ours: Carolina has lost a great man. My wife, The following communications were Why do children still go to school hungry? Peatsy and I send our thoughts and laid before the Senate, together with Why are so many still homeless? prayers to Michael’s devoted wife, Val- accompanying papers, reports, and doc- Why are so many citizens isolated from erie, and their two children.∑ health care by economics or geography? uments, which were referred as indi- Why is quality education or training still f cated: ¥ out of the reach of so many individuals des- MESSAGE FROM THE HOUSE EC 11369. A communication from the perately trying to better themselves? Chemical Safety and Hazard Investigation In short, we must ask ourselves the tough Under the authority of the order of Board, transmitting, pursuant to law, a re- questions—and then come up with the right the Senate of January 6, 1999, the Sec- port on audit and investigative activities for answers—the programs it will take to ad- retary of the Senate, on October 30, fiscal year 2000; to the Committee on Gov- dress these issues—the programs that will 2000, during the recess of the Senate, ernmental Affairs. EC¥11370. A communication from the Ex- close the gap between prosperity and pov- received a message from the House of erty. ecutive Director of the Committee For Pur- No one is going to do it for us. We must Representatives announcing that the chase From People Who Are Blind or Se- each take this responsibility, first as indi- House agrees to the amendment of the verely Disabled, transmitting, pursuant to viduals and then as part of larger commu- Senate to the bill (H.R. 2498) to amend law, the report of additions to the procure- nities and organizations. But then again, the Public Health Service Act to pro- ment list received on October 26, 2000; to the that’s why you are all here—because you are vide for recommendations of the Sec- Committee on Governmental Affairs. ¥ willing to take that responsibility, to act in retary of Health and Human Services EC 11371. A communication from the Di- ways that can truly make a difference. rector of the Office of Federal Housing En- regarding the placement of automatic terprise Oversight, transmitting, pursuant to I applaud that willingness and, seeing the external defibrillators in Federal build- spirit in this room, I am confident what you law, a report concerning the inventory of are doing will make a significant difference ings in order to improve survival rates commercial activities; to the Committee on in communities across America. of individuals who experience cardiac Governmental Affairs. ¥ Since we are meeting in our nation’s Cap- arrest in such buildings, and to estab- EC 11372. A communication from the itol, I’d like to close my remarks with a lish protections from civil liability Chief of the Policy and Rules Division, Office comment from a speech by former President arising from the emergency use of the of Engineering and Technology, Federal Communications Commission, transmitting, Woodrow Wilson. devices. ‘‘You are not here merely to make a living. pursuant to law, the report of a rule entitled The message also announced that the ‘‘Closed Captioning Requirements for Digital You are here in order to enable the world to House has passed the following joint live more amply, with greater vision, with a Television Receivers’’ (ET Docket No. 99-254, finer spirit of hope and achievement. resolution, in which it requests the FCC 00-259) received on October 27, 2000; to You are here to enrich the world, and you concurrence of the Senate: the Committee on Commerce, Science, and impoverish yourself if you forget this er- H.J. Res. 120. Joint resolution making fur- Transportation. ¥ rand.’’ ther continuing appropriations for the fiscal EC 11373. A communication from the As VISTA celebrates 35 years of service, year 2001, and for other purposes. Chief of the Policy and Rules Division, Office of Engineering and Technology, Federal and embarks on year 36 as AmeriCorps ENROLLED BILLS SIGNED VISTA, it is clear to me that the program Communications Commission, transmitting, and its people remain clearly focused on that A message from the House of Rep- pursuant to law, the report of a rule entitled task—on enabling the world to live more resentatives, delivered by one of its ‘‘Amendment of Parts 2 and 87 of the Com- amply, developing a greater vision for all reading clerks, announced that the mission’s Rules Regarding the Radio- and generating a finer spirit of hope in com- Speaker has signed the following en- navigation Service at 31.8-32.3 GHz (ET munities across our nation. rolled joint resolution: Docket No. 98-197)’’ (ET Docket No. 98-197, Ultimately, the lives of each of you—and of FCC 00-353) received on October 27, 2000; to H.J. Res. 120. Joint resolution making fur- the Committee on Commerce, Science, and the people you touch—will all be richer for ther continuing appropriations for the fiscal it. I can guarantee it—and my daughter Transportation. year 2001, and for other purposes. EC¥11374. A communication from the Di- Katherine would agree.∑ The enrolled bill was signed subse- rector of the Office of Sustainable Fisheries, f quently by the President pro tempore National Marine Fisheries Service, Depart- IN MEMORY OF DR. MICHAEL (Mr. THURMOND). ment of Commerce, transmitting, pursuant ASSEY to law, the report of a rule entitled ‘‘Atlan- f tic Highly Migratory Species Fisheries; At- ∑ Mr. HOLLINGS. Mr President, I rise lantic Bluefin Tuna; Adjustment of General today to remember one of South Caro- ENROLLED BILLS PRESENTED Category Daily Retention Limit on Pre- lina’s finest doctors, Michael E. Assey, The Secretary of the Senate reported viously Designated Restricted Fishing Days’’ who passed away on October 28. A grad- that on today, October 30, 2000, he had (I.D. 100300B) received on October 26, 2000; to uate of Georgetown University’s presented to the President of the the Committee on Commerce, Science, and Transportation. School of Medicine, Michael joined the United States the following enrolled EC¥11375. A communication from the Act- staff of the Medical University of bills: ing Director of the Office of Sustainable South Carolina (MUSC) in 1979 and rose S. 614. An act to provide for regulatory re- Fisheries, National Marine Fisheries Serv- to the position of Professor of Medi- form in order to encourage investment, busi- ice, Department of Commerce, transmitting,

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25495 pursuant to law, the report of a rule entitled PETITIONS AND MEMORIALS Whereas, the Balanced Budget Act of 1997 ‘‘Fisheries of the Northeastern United The following petitions and memo- created the Medicare Plus Choice program to States; Northeast Multispecies Fishery; Re- expand managed care options for bene- moval of Commercial Haddock Daily Trip rials were laid before the Senate and ficiaries and protect health care access, af- Limit’’ received on October 26, 2000; to the were referred or ordered to lie on the fordability and quality; and Committee on Commerce, Science, and table as indicated: Whereas, the implementation of the Medi- Transportation. POM–631. A petition from a citizen of the care Plus Choice program has been carried EC¥11376. A communication from the Di- State of Texas relative to the ‘‘Latino and out as intended by Congress; and rector of the Office of Sustainable Fisheries, Immigrant Fairness Act of 2000’’; to the Whereas, six of the 13 Medicare insurers in National Marine Fisheries Service, Depart- Committee on the Judiciary. Pennsylvania have announced that they will ment of Commerce, transmitting, pursuant POM–632. A resolution adopted by the Sen- terminate their Medicare contracts com- to law, the report of a rule entitled ‘‘Highly ate of the General Assembly of the Common- pletely or reduce their counties served in Migratory Species; Pelagic Longline Fish- wealth of Pennsylvania relative to ‘‘The 2001 because of inadequate Medicare pay- ery; Sea Turtle Protection Measures. Emer- Mighty Eighth Air Force Week’’; to the Com- ment rates and methodology as well as pro- gency Rule’’ (RIN0648-AO67; I.D.091100A) re- mittee on the Judiciary. gram overregulation; and ceived on October 26, 2000; to the Committee SENATE RESOLUTION NO. 119 Whereas, approximately 58,000 bene- on Commerce, Science, and Transportation. Whereas, formed and dispatched to Eng- ficiaries in 29 counties will be impacted, re- EC¥11377. A communication from the Act- land in 1942, the Eighth Air Force became sulting in a 10% decrease in the number of ing Assistant Administrator for Ocean Serv- the largest military unit in World War Ii, Medicare eligible HMO enrollees; and ices and Coastal Zone Management, National with more than 350,000 personnel; and Whereas, several Medicare insurers have Ocean Service, Department of Commerce, Whereas, the Eighth Air Force, which has announced plans to reduce benefit levels and transmitting, pursuant to law, the report of become known as ‘‘The Mighty Eighth,’’ con- increase premiums in 2001 in response to in- a rule entitled ‘‘Coastal Ocean Program: tinues to this day as an operational combat adequate payment rates and methodology as General Grant Administration Terms and unit, having been served by more than 1 mil- well as program overregulation; and Conditions of the Coastal Ocean Program’’ lion men and women in war and peace; and Whereas, hospitals and health systems in (Docket No. 000817236-01) received on October Whereas, not a single Mighty Eighth Air Pennsylvania are facing a $3.6 billion cut in 26, 2000; to the Committee on Commerce, Force mission was ever turned back due to Medicare reimbursements, and more than Science, and Transportation. enemy resistance; and four out of five hospitals are unable to cover EC¥11378. A communication from the Ad- Whereas, more than 26,000 men and women operating expenses with patient revenues; ministrator of the Federal Aviation Admin- who served with the Mighty Eighth Air and istration, Department of Transportation, Force were killed in action, and more than Whereas, inadequate Medicare payments as transmitting, pursuant to law, a report rel- 28,000 prisoners of war and countless veterans a result of the Balanced Budget Act of 1997 ative to pilot records; to the Committee on are still missing; and are directly impacting beneficiaries’ ability Commerce, Science, and Transportation. Whereas, during the week of October 8 to retain health care coverage and choose EC¥11379. A communication from the As- through 14, 1943, the Mighty Eighth Air their healthcare plan; and sociate Administrator for Procurement, Na- Force lost 148 heavy bombers to enemy re- Whereas, in light of an anticipated Federal tional Aeronautics and Space Administra- sistance over the skies of Europe; and budget surplus, Congress has an opportunity tion, transmitting, pursuant to law, the re- Whereas, despite significant losses, this pe- to ensure that the original goals of the Medi- port of a rule entitled ‘‘Final Indirect Cost riod is credited as a turning point for the care Plus Choice program are achieved and Rates’’ received on October 26, 2000; to the continuation of daytime strategic bombing that Medicare beneficiaries have access to Committee on Commerce, Science, and over Europe; and affordable, quality health care in their com- Whereas, the Eighth Air Force Historical Transportation. munities; therefore be it Society holds its annual reunion each Octo- EC¥11380. A communication from the Di- Resolved, That the Senate of the Common- ber; and rector of the Regulations Policy and Man- wealth of Pennsylvania urge Congress to Whereas, more than 20,000 Eighth Air agement Staff, Food and Drug Administra- enact additional Balanced Budget Act relief Force Historical Society members seek to tion, Department to Health and Human in 2000 through adequate payments to Medi- inform younger generations of the contribu- Services, transmitting, pursuant to law, the care insurers and Medicare providers. tions and sacrifices of all veterans; and report of a rule entitled ‘‘Medical Devices; Whereas, each year during the week of Oc- POM–634. A resolution adopted by the Exemption From Premarket Notification; tober 8 through 14, Mighty Eighth Air Force Class II Devices; Triiodothyronine Test Sys- House of the General Assembly of the Com- veterans and friends display items in mem- monwealth of Pennsylvania relative to the tem’’ (Docket No. 00P-1280) received on Octo- ory of fellow veterans and those men and ber 26, 2000; to the Committee on Health, strengthening of the Medicare+Choice pro- women who made the supreme sacrifice; gram; to the Committee on Finance. Education, Labor, and Pensions. therefore be it EC¥11381. A communication from the Di- Resolved, That the Senate of the Common- HOUSE RESOLUTION NO. 609 rector of the Regulations Policy and Man- wealth of Pennsylvania memorialize the Whereas, the Congress of the United States agement Staff, Food and Drug Administra- President and Congress of the United States created the Medicare+Choice program under tion, Department to Health and Human to proclaim and designate the week of Octo- the Balanced Budget Act of 1997; and Services, transmitting, pursuant to law, the ber 8 through 14 this year and each year Whereas, the intent of Congress in creating report of a rule entitled ‘‘Medical Devices; hereafter as ‘‘The Mighty Eighth Air Force Medicare+Choice was to allow beneficiaries Labeling for Menstrual Tampon for the Week’’; and be it further to have access to a wide array of private ‘‘Ultra’’ Absorbency’’ (Docket No. 98N-0970) Resolved, That copies of this resolution be health plan choices in addition to traditional received on October 26, 2000; to the Com- transmitted to the President of the Untied fee-for-service Medicare; and mittee on Health, Education, Labor, and States, the presiding officers of each house of Whereas, at the end of 1999, more than Pensions. Congress and to each member of Congress 560,000 Pennsylvanians were enrolled in a EC¥11382. A communication from the Act- from Pennsylvania. Medicare HMO; and ing Assistant General Counsel for Regula- Whereas, in late July 2000, the Health Care tions, Office of Postsecondary Education, De- POM–633. A resolution adopted by the Sen- Financing Administration (HCFA) released partment of Education, transmitting, pursu- ate of the Commonwealth of Pennsylvania information on Medicare HMO contract re- ant to law, the report of a rule entitled ‘‘Stu- relative to the Balanced Budget Act of 2000; newals, service area reductions and termi- dent Assistance General Provisions, Federal to the Committee on the Judiciary. nations; and Family Education Loan Program, William D. SENATE RESOLUTION NO. 204 Whereas, in Pennsylvania, these changes Ford Federal Direct Loan Program, and Fed- Whereas, Medicare was enacted in 1965 as a will affect approximately 90,000 beneficiaries eral Pell Grant Program (Cohort Default social insurance program providing health Statewide; and Rate)’’ (RIN1845-AA17) received on October care benefits to older Americans and individ- Whereas, almost 15,000 of these individuals 27, 2000; to the Committee on Health, Edu- uals with disabilities; and must return to the Medicare fee-for-service cation, Labor, and Pensions. Whereas, the program serves 39 million program since there is no other Medicare EC¥11383. A communication from the Act- beneficiaries nationwide; and HMO available in their county of residence; ing Assistant General Counsel, Department Whereas, there are currently 2,129,756 and of Education, transmitting, pursuant to law, Medicare eligible citizens in the Common- Whereas, given the losses Medicare HMOs the report of a rule entitled ‘‘Special wealth of Pennsylvania and 589,070 Medicare have experienced over the past several years, Leveraging Educational Assistance Partner- HMO enrollees; and the number of HMOs serving Medicare bene- ship Program’’ (RIN1845-AA18) received on Whereas, the Balanced Budget Act of 1997 ficiaries continues to decline; and October 27, 2000; to the Committee on ensures the financial health of the Medicare Whereas, the Medicare Payment Advisory Health, Education, Labor, and Pensions. program until 2008; and Commission (MEDPAC) does not support

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25496 CONGRESSIONAL RECORD—SENATE October 30, 2000 raising the Medicare+Choice floor payment of the Commonwealth and each health in- sumers in other countries as a result of these rate to slow the rate of health plan depar- surer offering Medicare HMO coverage in practices; and tures from the program; and Pennsylvania. Whereas, the runaway cost of prescription Whereas, Medicare+Choice plans are not medications affects all Americans, not just receiving adequate resources to provide POM–636. A resolution adopted by the Sen- Pennsylvanians or the elderly; and beneficiaries the benefits they need and de- ate of the General Assembly of the Common- Whereas, constant bombardment of drug serve; and wealth of Pennsylvania relative to the Food advertisements has the potential to have a Whereas, Medicare beneficiaries value the and Drug Administration; to the Committee serious negative effect on children by giving high quality, affordable health care coverage on Health, Education, Labor, and Pensions. them the distorted message that the con- they receive through Medicare+Choice plans; SENATE RESOLUTION NO. 215 sumption of drugs is a desirable behavior therefore be it Whereas, several committees of the Senate which resolves all of life’s difficulties, which Resolved, That the House of Representa- of the Commonwealth of Pennsylvania have message is counterproductive at best and tives memorialize Congress to enact legisla- conducted hearings throughout this Com- counteracts government and community- tion which strengthens the Medicare+Choice monwealth attempting to ascertain the cas- based efforts to prevent tobacco, alcohol and program by reducing administrative require- ual factors behind the rising costs of pre- drug abuse by children; therefore be it ments in the program, increasing payment scription drugs as well as the enormous im- Resolved, That the Senate of the Common- rates to HMOs to a level which accurately pact on both private and government pur- wealth of Pennsylvania implore the Congress reflects the costs of providing benefits to re- chasers; and of the United States to review the actions of cipients in the program and providing for Whereas, in recent years the cost of pre- the FDA, whose marketing guidelines appear prescription drug coverage; and be it further scription medication has climbed at an as- to promote and advance the best interests of Resolved, That copies of this resolution be tonishing rate, due in part to increased utili- the drug companies and their advertising transmitted to the presiding officers of each zation spurred by advertising and pro- outlets rather than the American consumer; house of Congress and to each member of motional activities comparable to Holly- and be it further Congress from Pennsylvania. wood’s finest productions; and Resolved, That the Congress and the FDA Whereas, the FDA, under the purview and move to prohibit direct consumer marketing POM–635. A resolution adopted by the guidance of the Clinton Administration, or in the alternative to impose tighter re- House of the General Assembly of the Com- eliminated necessary restrictions on drug ad- strictions; and be it further monwealth of Pennsylvania relative to the vertising, thereby ending decades of con- Resolved, That copies of this resolution be Health Care Financing Administration; to sumer protection; and sent to the President of the United States, the Committee on Finance. Whereas, the FDA, with the consent of the the presiding officers of each house of Con- HOUSE RESOLUTION NO. 617 Clinton Administration, allowed these dan- gress, each member of Congress from Penn- Whereas, over a half million senior citizens gerous and wasteful practices to commence, sylvania and the Commissioner of the Food across the Commonwealth of Pennsylvania making the United States the only country and Drug Administration. have been severely affected by the problems in the world that allows direct-to-consumer POM–637. a joint resolution adopted by the of Medicare HMO withdrawals, increases in advertising of prescription drugs; and General Assembly of the State of Rhode Is- premiums and decreases in benefit packages Whereas, Citizens for consumer Justice, a land relative to the Reauthorization of the effective January 1, 2001; and Statewide consumer group, indicates that Whereas, this year 65 managed care compa- these promotions and advertisements, not Individuals With Disabilities Education Act; nies chose not to renew their research and development, are the pharma- to the Committee on Appropriations. Medicare+Choice contracts for 2001; and ceutical industry’s fastest growing expendi- JOINT RESOLUTION Whereas, seniors on fixed incomes who rely ture; and Whereas, The Congress of the United Whereas, such increased advertising has on their Federal and State Governments to States twenty-five years ago enacted the In- been shown to be effective in increasing mar- provide them with some measure of health dividuals with Disabilities Education Act (20 ket share since ten of the most heavily ad- care protection are now facing extreme un- U.S.C. 1400 et seq.) with a commitment of vertised drugs account for almost 25% of certainty; and forty percent (40%) federal funding of the total drug expenditures; and Whereas, approximately 577,000 Pennsyl- costs of local school districts and states in Whereas, the top 25 direct-to-consumer ad- vania seniors who are members of a Medicare carrying out the mandates of the Individuals vertised drugs posted sales growth totaling HMO are facing substantial plan coverage with Disabilities Education Act (‘‘IDEA’’); 43.2% in 1999 alone, and such growth clearly changes effective January 1, 2001; and and exceeds the 13% growth posted by other non- Whereas, ninety thousand of these seniors Whereas, The Congress of the United in 38 counties across this Commonwealth are marketed drugs; and Whereas, increased advertising can create States recognized in 1994 the Congressional being dropped from their HMOs; and a demand for the product rather than an ac- ‘‘commitment of forty percent (40%) federal Whereas, thousands of seniors living in a tual medical need; and funding’’ and further recognized that it was county from which their Medicare HMO is Whereas, grave problems can arise when only federally funded at the rate of eight not withdrawing may be dropped from their increased use is merely the result of in- percent (8%) (20 U.S.C. 6062); and plan because their county code for Social Se- creased marketing with no corresponding Whereas, The federal appropriation of $5 curity purposes or their zip code, or both the improvement in health; and billion for the federal fiscal year ending Sep- county code and zip code, is identified as Whereas, it appears that increased mar- tember 30, 2000 is projected to fund only being in the neighboring county from which keting may prove to be a more profitable in- 12.7% of the cost of carrying out the mandate the Medicare HMO is withdrawing; and vestment for manufacturers than further re- of IDEA and due to increasing costs, will Whereas, many of these seniors may not search and development; and probably provide even less than 12.7% federal have received information that they need to Whereas, in 1999 pharmaceutical companies funding; and ensure that these county code or zip code or spent 33 times as much in the direct-to-con- Whereas, Local school districts in Rhode both code problems are corrected, and other sumer advertising as they did in 1993, caus- Island and throughout the United States are seniors are consistently receiving misin- ing expenditures to rise from $55 million to mandated to meet the spiraling costs of car- formation from their Medicare HMO regard- more than $2 billion; and rying out the provisions of IDEA; and ing the status of their coverage as of Janu- Whereas, prescription drugs are now the Whereas, The failure of the Congress of the ary 1, 2001; therefore be it fastest growing segment of health care United States to fully fund its original com- Resolved, That the House of Representa- spending, rising 18% from $79 billion in 1997 mitment of forty percent (40%) federal fund- tives of the Commonwealth of Pennsylvania to $93.4 billion in 1998; and ing has placed a severe burden upon local memorialize the Health Care Financing Ad- Whereas, in 1999 spending rose 19% from school districts to meet the costs of the fed- ministration and health insurers with- the previous year, and comparable increases eral mandate, resulting in an insufferable drawing their Medicare HMO coverage in any are expected to occur in future years; and burden upon local taxpayers and diversion of county within Pennsylvania to take imme- Whereas, an industry representative testi- funds from other education programs, thus diate steps to ensure that subscribers who fied that the introduction of a generic prod- lessening the quality of education; and live in a county that is not impacted by the uct immediately lowers a drug’s price by 30% Whereas, It is time now, twenty-five years insurer’s withdrawal are not mistakenly to 80%; and after the enactment of IDEA, that the Con- dropped from their plan; and be it further Whereas, the Federal Trade Commission gress of the United States appropriate the Resolved, That copies of this resolution be has alleged that some pharmaceutical com- funds necessary to fully fund its original transmitted to the Secretary of the United panies have paid generic drug manufacturers commitment to provide forty percent (40%) States Department of Health and Human to forego or delay manufacturing of certain federal funding of the costs of carrying out Services, the members of Congress from medications; and the provisions of IDEA; now, therefore be it Pennsylvania, the Secretary of Aging of the Whereas, consumers in the United States Resolved, That this General Assembly of Commonwealth, the Insurance Commissioner pay more for the same medication than con- the State of Rhode Island and Providence

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25497 Plantations hereby memorializes the Con- egy that promotes alternatives to imported the Presiding Officers of both branches of gress of the United States during the reau- petroleum to meet the goal of independence government, and to Stuart Eizenstat Under- thorization of the Individuals with Disabil- from foreign petroleum within five years; secretary of the Treasury and Chairman of ities Education Act to fulfill the original and be it further the State Department negotiating com- commitment of the Congress of the United Resolved, That copies of this resolution be mittee for Holocaust Victims. transmitted to the presiding officers of each States to provide for forty percent (40%) fed- f eral funding to local school districts to carry house of Congress and to each member of out the mandates of the Individuals with Congress from Pennsylvania. INTRODUCTION OF BILLS AND Disabilities Education Act; and be it further JOINT RESOLUTIONS Resolved, That the Secretary of State be POM–639. A resolution adopted by the and he hereby is authorized and directed to House of the General Assembly of the State The following bills and joint resolu- transmit a duly certified copy of this resolu- of Rhode Island relative to slave labor/forced tions were introduced, read the first tion to: (1) each member of the Rhode Island labor discussions in Bonn and Washington; and second times by unanimous con- delegation in the Congress of the United to the Committee on Foreign Relations. sent, and referred as indicated: States; (2) the President of the United HOUSE RESOLUTION By Mr. REED: States; (3) the President of the Senate in the Whereas, Poland was attacked by the Ger- S. 3261. A bill to provide for the establish- Congress of the United States; (4) the Speak- man Army on September 1, 1939; and ment of an HMO Guaranty Fund to provide er of the House of Representatives in the Whereas, Poland was attacked by the So- payments to States to pay the outstanding Congress of the United States; (5) the Chair- viet Army on September 19, 1939 and which health care provider claims of insolvent man of the Health, Education, Labor and joined forces with the German Army in cele- health maintenance organizations; to the Pensions Committees in the Senate in the bration at Brest-Litovsk on the River Bug; Committee on Finance. Congress of the United States; and (6) the and By Mr. JEFFORDS: Chairmen of the Education and the Work- Whereas, Poland was the object of the se- S. 3262. A bill to amend the Communica- force Committees in the House of Represent- cret protocols of the Molotov-Ribbentrop tions Act of 1934 to make inapplicable cer- atives in the Congress of the United States. Pact as slated for the unprecedented state tain political broadcasting provisions to sponsored program of ethnic cleansing by the noncommercial educational broadcasting POM—638. A resolution adopted by the Nazi’s and the Soviets; and stations; to the Committee on Commerce, House of the General Assembly of the Com- Whereas, The Soviets deported nearly two Science, and Transportation. monwealth of Pennsylvania relative to inde- million Poles to the Gulags and Siberia; and By Mr. LOTT (for Mr. ASHCROFT): pendence from imported petroleum within Whereas, The Germans forced nearly 2.4 S. 3263. A bill to designate a portion of the five years; to the Committee on Energy and million Polish citizens from their homes to federal budget surplus to create and fund the Natural Resources. the German Third Reich Complex of nearly Children’s Classroom Trust Fund to increase HOUSE RESOLUTION NO. 531 7000 camps; and direct education funding and expand local Whereas, Earlier administrations resolved Whereas, Chancellor Shroeder has ac- control of education; to the Committee on to free the United States from dependence knowledged the failings of past settlements Health, Education, Labor, and Pensions. upon foreign oil by increasing Corporate Av- to provide equal compensation for all Polish By Mr. LOTT (for Mr. ASHCROFT): erage Fuel Economy (CAFE) standards, pro- citizens unlike the Russians who refuse to S. 3264. A bill to ensure that individuals moting energy conservation and efficiency acknowledge any responsibility; and with histories of mental illness and other and developing renewable energy sources; Whereas, There are citizens of the United persons prohibited from owning or possessing and States that survived the German and Soviet firearms are stopped from buying firearms Whereas, As headlines of oil crises fade Programs of Ethnic Cleansing against the by requiring instant background checks into obscurity, so too have government ac- Polish Nation; and prior to making a firearms purchase, and for tions to decrease United States reliance on Whereas, President Clinton has named other purposes; to the Committee on the Ju- petroleum products; and Deputy Secretary of the Treasury Stuart diciary. Whereas, Tightening in oil markets and Eizenstat as Chairman of the State Depart- f the spikes in gasoline and home heating oil ment Negotiating Team for resolving the prices offer new opportunities to focus on issue of the German Accountability to the STATEMENTS ON INTRODUCED United States dependence upon petroleum victims of the Nazi work programs; and BILLS AND JOINT RESOLUTIONS imports and the need to find substitute en- Whereas, No Polish Americans representa- ergy sources and technologies; and tion was allowed at the current negotiations Mr. REED: Whereas, Our day-to-day, pervasive de- as a spokesman on behalf of Polish American S. 3261. A bill to provide for the es- pendence on foreign oil is ignored at great survivors; and tablishment of an HMO Guaranty Fund peril to our economic security; and Whereas, By reason of not permitting Pol- to provide payments to States to pay Whereas, The national security implica- ish American representation, the State De- the outstanding health care provider tions of the United States dependence upon partment has full responsibility for the cur- claims of insolvent health maintenance foreign oil influences and foreign policy deci- rent state of negotiations; and sions affecting Israel, other Mideastern Resolved, That Polish Americans’ desire organizations; to the Committee on Fi- countries, Russia and China and many of the that the German Government bring closure nance. world hot spots are constrained by the to the living survivors of the Nazi atrocities; HMO GUARANTY ACT OF 2000 United States tie to oil; and and be it further Mr. REED. Mr. President, I rise Whereas, The United States Government Resolved, That the German Government today to introduce legislation that I and the German Industrial Complex which and the United States military must blaze hope will help states which have been new territory and search new frontiers of profited immensely from the slave/forced knowledge and technology for energy inde- labor program make certain that this final stricken by managed care plan failures pendence that will provide security into the settlement shall establish both an industrial to overcome the devastating effects of distant future; and and a Bundestag approved Government fund; such an event on the health insurance Whereas, Parochial interests must be set and be it further sector. aside to invest in true energy security and to Resolved, That the German Government Over the past several years, we have consider renewable energy sources that are and German industry shall ensure that the seen an alarming upswing in the num- unconstrained by resource depletion, avail- industrial fund and the approved Bundestag ber of HMO failures across the nation. ability and waste disposal problems in the fund combined or separately shall be com- United States; and prehensive and sufficient in value to equally According to Weiss Rating, Inc., the Whereas, The commitment needed to lead compensate all surviving victims of the nation’s only provider of financial safe- to energy independence is the same as that Agrarian, Industrial, Municipal and Service ty ratings for HMO’s, the number of of government to sponsor investment in slave/forced labor programs; and be it further HMO failures grew 78 percent between highways and space exploration, setting the Resolved, That the State Department and 1998 and 1999. Furthermore, Weiss direction for private enterprise to follow; Deputy Secretary of the Treasury has a man- found another 10 HMO’s were at high therefore be it date from Polish American survivors to risk of failure due to mounting losses Resolved, That the House of Representa- make this final agreement fair, equitable and capital deficits. The growing finan- tives of the Commonwealth of Pennsylvania and all inclusive; and be it further memorialize the Congress of the United Resolved, That the Secretary of State be cial instability we are seeing in the States to recognize that energy security is a and he is hereby authorized and directed to managed care market has serious rami- national security issue and that oil is a pow- transmit a duly certified copy of this resolu- fications for state insurance regu- erful weapon and to develop an energy strat- tion to the President of the United States, lators, not to mention hundreds of

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.000 S30OC0 25498 CONGRESSIONAL RECORD—SENATE October 30, 2000 thousands of Americans who rely on look forward to working with inter- ices that are the obligation of a health main- these plans for their health care. ested organizations as well as my col- tenance organization that have not been paid In light of this volatility in the leagues to strengthen and enhance the by such organization and for which no alter- health insurance market, I believe that legislation I submit today. native payment arrangements have been made. the Federal Government can be a con- Mr. President, I ask unanimous con- SEC. 3. ESTABLISHMENT OF HMO GUARANTY structive and stabilizing force for sent that the text of the bill be printed FUND. states dealing with the aftermath of an in the RECORD. (a) IN GENERAL.—There is established in HMO liquidation. The legislation I am There being no objection, the bill was the Treasury of the United States a fund to introducing today would create a ordered to be printed in the RECORD, as be known as the HMO Guaranty Fund to be mechanism that would provide an follows: used as provided for in this Act. added layer of protection for providers S. 3261 (b) AMOUNTS IN FUND.— (1) IN GENERAL.—There shall be deposited and subscribers when a participant in Be it enacted by the Senate and House of Rep- into the Guaranty Fund— the health insurance market fails. Spe- resentatives of the United States of America in (A) amounts collected under section 5(a); Congress assembled, cifically, the bill establishes an HMO (B) penalties collected under section 5(b); Guaranty Fund, which would be used to SECTION 1. SHORT TITLE. and pay outstanding health care providers’ This Act may be cited as the ‘‘HMO Guar- (C) earnings on investments of monies in claims for uncovered expenditures and anty Act of 2000’’. the Guaranty Fund. to fulfill contractual obligations made SEC. DEFINITIONS. (2) INVESTMENTS.— prior to an HMO’s bankruptcy. For In this Act: (A) IN GENERAL.—The Secretary of the those families left without health in- (1) BOARD.—The term ‘‘Board’’ means the Treasury shall invest amounts in the Guar- Board of Directors appointed under section surance, the fund would also subsidize anty Fund that are not required to meet cur- 3(d). rent withdrawals. Such investments may be temporary coverage for subscribers as (2) CONTRACTUAL OBLIGATION.—The term made only in interest-bearing obligations of they seek alternative sources of health ‘‘contractual obligation’’ means an obliga- the United States. For such purpose, such insurance. tion by a health maintenance organization, obligations may be acquired on original Many states have responded to a under an agreement, policy, certificate, or issue at the issue price, or by purchase of health plan insolvency and the unpaid evidence of coverage involving a covered in- outstanding obligations at the market price. bills they leave behind by creating a dividual and the organization, to pay or re- (B) AVAILABILITY OF INCOME.—Any interest temporary fund designed to at least imburse the covered individual (or a health derived from obligations held by the Guar- partially reimburse hospitals and pro- care provider who provided items or services anty Fund and the proceeds from any sale or to the individual) for services provided prior redemption of such obligations, are hereby viders for the expenses incurred during to the declaration of the insolvency of the appropriated to the Fund. the course of providing care to pa- health maintenance organization, that re- (c) USE OF GUARANTY FUND.—Subject to tients. These guaranty funds are typi- mains unpaid at the time of such insolvency. section 4, amounts in the Guaranty Fund cally financed by levying a fairly siz- Such term does not include claims by former shall be used to make payments to a State— able fee on the remaining health insur- employees, including medical professional (1) to pay the outstanding health care pro- ers in the state. While this may work employees, for deferred compensation, sever- vider claims for uncovered expenditures, and in some cases, it is not necessarily ap- ance, vacation, or other employment bene- to fulfill contractual obligations to covered propriate in every circumstance. In fits. individuals, with respect to an insolvent (3) COVERED INDIVIDUAL.—The term ‘‘cov- health maintenance organization; and other words, not every health care pro- ered individual’’ means an enrollee or mem- (2) to provide for a temporary continuation vider and subscriber has the oppor- ber of a health maintenance organization. of health care coverage for covered individ- tunity to access this kind of guaranty (4) GUARANTY FUND.—The term ‘‘Guaranty uals. fund. Fund’’ means the Federal HMO Guaranty (d) BOARD OF DIRECTORS.— For instance, when Harvard Pilgrim Fund established under section 3. (1) IN GENERAL.—The Guaranty Fund shall Health Plan of New England failed in (5) HEALTH CARE PROVIDER.—The term be administered by a Board of Directors to my home state of Rhode Island, there ‘‘health care provider’’ means a physician, be composed of 9 individuals of which— was discussion of setting up just such a hospital, or other person that is licensed or (A) three directors shall be appointed by fund. However, the extremely small otherwise authorized by the State to provide the National Association of Insurance Com- health care services, and that provided missioners from among individuals who size of our insurance market and the health care services to an enrollee of a serve as insurance regulators of a State; few plans that remained in operation health maintenance organization. (B) three directors shall be appointed by a simply could not support a bailout of (6) HEALTH MAINTENANCE ORGANIZATION.— national association which represents the this magnitude. Fortunately, the The term ‘‘health maintenance organiza- health maintenance organization industry of Rhode Island Insurance regulator was tion’’ has the meaning given such term by all States (as determined by the Secretary) able to reach an agreement with the section 2791(b)(3) of the Public Health Serv- from among representatives of health main- Massachusetts parent organization of ice Act (42 U.S.C. 300gg-91(b)(3)). tenance organizations; and Harvard Pilgrim to pay outstanding (7) HEALTH MAINTENANCE ORGANIZATION (C) three directors shall be— CONTRACT.—The term ‘‘covered health main- (i) the Secretary of the Treasury, or the provider and hospital claims. Unfortu- tenance organization contract’’ means a pol- designee of the Secretary; nately, other States might not be as icy, certificate, or other evidence of health (ii) the Secretary of Health and Human lucky. care coverage that is issued by a health Services, or the designee of the Secretary; It is my view that the Federal Gov- maintenance organization. and ernment may be better positioned than (8) INSOLVENT ORGANIZATION.—The term (iii) the Secretary of Labor, or the designee an individual State to spread the risk ‘‘insolvent organization’’ means a health of the Secretary. and the premiums required to subsidize maintenance organization that is declared (2) TERMS, VACANCIES.—The members of the the fund across health insurance plans insolvent by court of competent jurisdiction Board shall establish the terms of service of and placed under the control of a State Com- the members of the Board appointed under operating around the country. Further- missioner of Insurance for the purpose of liq- subparagraphs (A) and (B) of paragraph (1). more, it would also enable both ERISA uidation. Any vacancy in the Board shall not affect its and non-ERISA plans to be covered (9) SECRETARY.—The term ‘‘Secretary’’ powers, and shall be filled in the same man- under a nationally-based standing means the Secretary of Health and Human ner as the original appointment. fund. Services, in consultation with the Secretary (3) COMPENSATION OF MEMBERS.— I hope the legislation I am intro- of Labor and the Secretary of the Treasury. (A) IN GENERAL.—Except as provided in ducing today will mark the beginning (10) STATE.—The term ‘‘State’’ includes subparagraph (B), each member of the Board of an ongoing discussion that will ex- each of the several States, the District of Co- who is not an officer or employee of the Fed- plore some of the issues surrounding lumbia, the Commonwealth of Puerto Rico, eral Government shall serve without com- the Northern Mariana Islands, or any agency pensation. All members of the Board who are the financial health of HMO’s in this or instrumentality thereof. officers or employees of the United States Nation. In closing, Mr. President, while (11) UNCOVERED EXPENDITURES.—The term shall serve without compensation in addition it is unlikely that action will be taken ‘‘uncovered expenditures’’ means the expend- to that received for their services as officers on this legislation late in the session. I itures for the provision of health care serv- or employees of the United States.

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(B) TRAVEL EXPENSES.—The members of gregate number of uncovered individuals and SEC. 6. STATE PREEMPTION. the Board shall be allowed travel expenses, aggregate amount of uncovered expenditures (a) IN GENERAL.—Nothing in this Act shall including per diem in lieu of subsistence, at with respect to the insolvent organization be construed to preempt or supersede any rates authorized for employees of agencies involved. provision of State law that establishes, im- under subchapter I of chapter 57 of title 5, (D) CONTINUATION COVERAGE.—The applica- plements, or continues in effect any standard United States Code, while away from their tion shall contain an estimate of the aggre- or requirement relating to health mainte- homes or regular places of business in the gate amount of funds needed to provide con- nance organizations. performance of services for the Board. Such tinuation coverage to uncovered individuals. (b) DEFINITION.—In this section, the term ‘‘State law’’ means all laws, decisions, rules, expenses shall be paid from the Guaranty (c) CONSIDERATION BY BOARD.—Not later regulations or other State actions that have Fund. than 30 days after the date on which the the effect of law. (4) VOTING.—Each member of the Board Guaranty Fund receives a completed applica- shall have 1 vote. The Board shall set policy tion from a State under subsection (b), the and decide all matters by a simple majority By Mr. JEFFORDS: Board shall make a determination with re- S. 3262. A bill to amend the Commu- of the votes cast. spect to payments to the States. (5) CHAIRPERSON.—The Board shall elect a nications Act of 1934 to make inappli- (d) LIMITATION.—The aggregate amount cable certain political broadcasting chairperson from among its members. that may be paid to a State under this sec- (6) MEETINGS.—The Board shall first meet tion with respect to a single uncovered indi- provisions to noncommercial edu- not later than 30 days after the date on vidual shall not exceed $300,000. cational broadcasting stations; to the which all members are appointed under para- (e) USE FOR CONTINUATION COVERAGE.— Committee on Commerce, Science, and graph (1). Subsequent meetings shall be at (1) IN GENERAL.—A State may use amounts Transportation. the call of the chairperson. The Board may provided under this section to provide for the THE PUBLIC BROADCASTING INTEGRITY ACT OF hold public hearings after giving proper no- continuation of health care coverage for an 2000 tice. uncovered individual through a health main- Mr. JEFFORDS. Mr. President, I rise (7) FIDUCIARY DUTY.—With respect to the tenance organization or other health care members of the Board that are not appointed today to introduce the Public Broad- coverage that has been determined appro- casting Integrity Act of 2000, legisla- under paragraph (1)(A), in carrying out the priate by the official responsible for regu- duties of the Board such members shall have tion that would make the Federal Com- lating health insurance in the State in col- munications Act’s political broad- a fiduciary duty to the Guaranty Fund that laboration with the Board. shall supersede any duty to an employer or (2) LIMITATION.—The period of continuation casting provisions inapplicable to non- other special interest that the member may coverage with respect to an uncovered indi- commercial educational broadcasting otherwise represent. vidual under paragraph (1) shall terminate stations. (8) LIMITATIONS ON LIABILITY.—A member on the earlier of— I believe the current law is well-in- of the Board shall not be liable, or in any (A) the date that is 1 year after the date on tentioned to serve the public interest way responsible, for the obligations of the which the health maintenance organization by allowing federal candidates to com- Guaranty Fund. was declared insolvent; or municate their views to the general (e) DUTIES.—The Board shall— (B) or the date on which the contractual (1) administer the Guaranty Fund; public. However, these provisions are obligation of the health maintenance organi- having some unfortunate side effects as (2) adopt bylaws that permit the Board to zation to the individual was to terminate. enter into contracts to receive contributions federal candidates are exploiting loop- (f) REPAYMENT OF FUNDS.—The State shall and make distributions in accordance with holes in the Act to the detriment of repay to the Guaranty Fund an amount this Act; equal to— public broadcasting. Many Vermonters (3) establish the application criteria and (1) any amounts not utilized by the State and my colleagues have seen in recent materials necessary to enable a State to sub- on the date on which the liquidation of the news reports that public radio and tele- mit an application to the Guaranty Fund; insolvent organization is completed; and vision stations are being forced to give (4) review and make determination on ap- (2) any amounts recovered through liquida- plications received under section 4(b); and free, uncensored air time to any Fed- tion that have not been accounted for in the (5) carry out other activities in accordance eral candidate under provisions of the application of the State under subsection with this Act. Federal Communications Act. As a (b)(2)(A). SEC. 4. EXPENDITURES FROM THE GUARANTY strong supporter of public radio and FUND. SEC. 5. CONTRIBUTIONS TO THE GUARANTY television, I find this phenomenon dis- FUND. (a) IN GENERAL.—The Guaranty Fund shall turbing. be used to make payments to a State to en- (a) ASSESSMENT ON HEALTH MAINTENANCE I an concerned that this valuable able such State to pay the claims of health ORGANIZATIONS.— public resource is being commandeered care providers for health care services pro- (1) IN GENERAL.—Not later than January 1, and exploited as a way to get free ad- 2001, and every 6 months thereafter, each vided to covered individuals prior to the dec- vertising. Unlike commercial stations, laration of insolvency of a health mainte- health maintenance organization that is li- nance organization and to provide for a tem- censed by a State to provide health care cov- public radio and television are heavily porary continuation of health care coverage erage shall pay to the Guaranty Fund an dependent on listener contributions. for such individuals. amount to be determined in accordance with Many of these listeners are reconsid- (b) PROCEDURE.— an assessment schedule to be established by ering their future financial support of (1) IN GENERAL.—Upon the declaration by a the Secretary not later than 180 days after these stations if this loophole is not court of competent jurisdiction that a health the date of enactment of this Act. closed and programming is replaced by maintenance organization is insolvent, the (2) DEFERMENT.—The Board, after consulta- a flood of political advertising. It official responsible for regulating health in- tion with the official responsible for regu- lating health insurance in the State involved seems inevitable that the number of surance in the State in which the declara- candidates using this avenue will in- tion is made may submit an application to may exempt, abate, or defer, in whole or in the Guaranty Fund for payment under this part, the assessment of a health mainte- crease dramatically in the next federal Act. nance organization under paragraph (1) if the election unless we make this minor but (2) CONTENTS OF APPLICATION.—An applica- organization demonstrates that the payment important legislative correction. tion submitted by a State under paragraph of the assessment would endanger the ability Mr. President, we can not allow this (1) shall include the following: of the organization to fulfill its contractual to happen which is why I am intro- (A) LIQUIDATION OF ASSETS AND RETURN OF obligations or place the organization in an ducing this bill today. I believe this UNUSED FUNDS.—The application shall con- unsound financial condition. narrowly tailored legislation will close tain an accounting of amounts received (or (3) PROHIBITION.—A health maintenance or- this loophole and preserve the integ- ganization shall not adjust the amount of expected to be received) as a result of the rity of public broadcasting. I call on liquidation of the assets of the insolvent or- premiums paid by enrollees to account for ganization. the assessment paid under paragraph (1). my colleagues to join me and support (B) FUND AMOUNT.—The application shall (b) FAILURE TO PAY.—A health mainte- this legislation. contain a request for a specific amount of nance organization that fails to pay an as- funds that will be used for the uncovered ex- sessment under subsection (a)(1) within 30 By Mr. LOTT (for Mr. ASHCROFT): penditures and contractual obligations of an days after the date on which such assess- S. 3264. A bill to ensure that individ- insolvent organization. ment was to be paid shall be subject to a uals with histories of mental illness (C) UNCOVERED EXPENDITURES.—The appli- civil penalty in an amount not to exceed and other persons prohibited from own- cation shall contain an estimate of the ag- $1,000 per day. ing or possessing firearms are stopped

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.001 S30OC0 25500 CONGRESSIONAL RECORD—SENATE October 30, 2000 from buying firearms by requiring in- I would note that unfortunately, this court order in the United States. In stant background checks prior to mak- Administration has chosen not to pros- total, there are now perhaps 2.7 million ing a firearms purchase, and for other ecute those felons for attempting to people who have been involuntarily purposes; to the Committee on the Ju- buy a gun, which is a federal crime. committed at some point in their lives diciary. Federal prosecutions have fallen at the and are therefore barred by the federal THE RECORDS ACCESS IMPROVEMENTS ACT OF same time background checks have law from buying a handgun. In re- 2000 given law enforcement a reliable tool sponse to some of the highly publicized Mr. ASHCROFT. Mr. President, for tracking down and locking up cases, authorities in nine states have issues surrounding possession and own- criminals trying to buy guns. In 1993, allowed law enforcement agencies some ership of firearms have been some of the Clinton-Gore Administration pros- form of access to mental health the most divisive in this legislative ecuted 633 people for trying to illegally records. And the number of ineligible session and political season. Americans purchase a gun. That fell to 279 in 1997 individuals who attempt to purchase hold a wide range of differing opinions and rose to 405 in 1999. From 1994 to guns has been alarming. According to regarding gun rights and responsibil- 1999, the Administration prosecuted an the Illinois State police, 3,699 people ities, and the proper balance of those average of 404 defendants for violations were turned down in Illinois from 1996 rights against the need for public safe- of the gun purchasing law annually—a to 1998, when records showed they had ty. But, despite the larger differences, 36-percent drop from 1993. Obviously, been either voluntarily or involun- most Americans agree that there are we need to prosecute felons who are at- tarily committed within the last 5 common sense actions that can be im- tempting to illegally buy guns. years, the legal test under Illinois law. plemented to protect the rights of law- But there is another hole in the cur- An additional 5,585 people who were abiding citizens while preventing those rent law. While the federal database of hospitalized from 1996 to 1998 were with criminal records or histories of state criminal records is fairly com- found to already possess gun permits, violent behavior from access to fire- prehensive, the same cannot be said of which as a result, were revoked. arms. mental incompetency records. Forty- I support the provision in federal law The New York Times reported, ‘‘But one states, including the State of Mis- that prohibits certain people from own- at the national level, as in most states, souri, do not permit records of the ing or possessing firearms. Under cur- there has been no comparable effort to criminally insane to be searched prior rent law, certain categories of persons create access to court commitment are unable to purchase guns. These in- to a firearm sale. This is a travesty. records for gun checks. That lack of ac- clude felons, fugitives from justice, il- The result of this loophole is that indi- tion is in stark contrast to the long ef- legal aliens, the mentally incompetent, viduals prohibited from purchasing fort by gun control groups and the and persons convicted of crimes of do- firearms because of mental impairment Clinton administration in winning en- mestic violence. These proscriptions are allowed to slip through the actment of the Brady law to create protect law-abiding citizens from those cracks—often with tragic results. databases screening out convicted fel- In April of this year, the New York who have demonstrated they cannot ons, who like the involuntarily com- Times did a series of four articles on use firearms responsibly. This law pro- mitted, were barred by the 1968 law tects law-abiding gun owners because what they termed as ‘‘rampage’’ from handgun purchases.’’ killings—multiple-victim killings that the fewer people who criminally misuse If we are serious about reducing the were not primarily domestic or con- guns, the less sentiment that there will criminal misuse of firearms, this has to nected to a robbery or gang. The New be to impose more restrictions on law- change. Federal law already makes the York Times examined 102 killers in 100 ful gun owners. purchase or possession of firearms ille- rampage attacks in a computer-as- In 1994, the Congress passed the gal for people the courts deem men- sisted study including the shooting in Brady Handgun Violence Prevention tally incompetent, but the law is dif- 1999 at Columbine High School in Act that instituted a system to check ficult, if not impossible to enforce be- Littleton, Colorado, a day-trading firm whether a prospective gun purchaser, cause mental-health information is not in Atlanta, and a church in Fort prior to the transfer of a firearms, is currently part of computerized, instant Worth, Texas. The New York Times ineligible to possess a gun because he background checks. That’s why today I study found that at least half of the or she falls into one of the nine prohib- introduce the Records Access Improve- killers showed signs of serious mental ited categories. The permanent phase ment Act, to encourage states to make health problems, and at least eight had (phase II) of the Brady Act—that went certain mental health information been involuntarily committed. These into effect November 30, 1998—requires available to the National Instant articles highlight the difficulty of en- an instant background check be done Criminal Background Check System forcing the provision of our gun control on the buyer when a firearm is pur- (NICS). chased from a licensed dealer. Either laws that prohibits people who have At present, the instant check system the State or the Federal Government been involuntarily committed to men- is administered jointly by the states conducts this check. This is to ensure tal institutions from buying a hand- and by the Federal Bureau of Inves- that those prohibited by federal law gun. tigation. In 15 states, state agencies from owning guns do not purchase For example, Gracie Verduzco, was a them. It makes sense, and although the 35-year-old paranoid schizophrenic who serve as points of contact (POCs), and legislation was passed before I arrived believed she had a transmitter in her conduct full background checks for in the Senate, I support the instant left ear that received messages from a both long guns and handguns. In 11 background check. satellite and had been involuntarily states, state agencies conduct partial Since the implementation of the hospitalized in Arizona twice. In addi- background checks for handguns only. Brady Act in 1994, through the end of tion, she had been committed to a men- In POC states, Federal firearm licens- calendar year 1999, 22 million back- tal hospital by a judge in the District ees contact the state agency, rather ground checks have been conducted on of Columbia after she had threatened than the FBI. In non-POC States, Fed- potential firearms purchasers. Of that President Clinton. Despite three invol- eral firearm licensees contact the FBI 22 million, more than 536,000 individ- untary commitments, she was able to directly through the NICS system. uals were determined ineligible. And buy a .38-caliber revolver at a pawn- Over half of the applications for fire- since phase II of the Brady Act went shop in Tucson, Arizona by lying on arm transfers were checked directly by into effect in 1998—mandating Instant her gun application. She used it to kill the FBI, while the remainder of appli- Background Checks in place of checks one person and wound four others there cations were checked by State or local with a mandatory waiting period— on May 21, 1998. agencies. more than 8.6 million requests for in- According to the Justice Depart- In February 2000, the Bureau of Jus- stant checks were received, with 2.4 ment, about 150,000 people a year are tice Statistics (BJS) reported that the percent of applicants being denied. committed to mental institutions by identification of non-felons ineligible

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to purchase firearms is likely to re- (Mr. WELLSTONE) was added as a co- under rule XXII, the Chair directs the main problematic under NICS. The Bu- sponsor of S. 3116, a bill to amend the clerk to read the motion. reau of Justice Statistics stated that Harmonized Tariff Schedule of the The legislative clerk read as follows: new enabling statutes may be required United States to prevent circumven- CLOTURE MOTION to identify and access such informa- tion of the sugar tariff-rate quotas. We the undersigned Senators, in accord- tion. S. 3222 ance with the provisions of rule XXII of the The legislation I am introducing At the request of Mr. CRAIG, the Standing Rules of the Senate, do hereby today is such a statute. Specifically, name of the Senator from Oregon (Mr. move to bring to a close debate on the con- this bill will encourage states to make ference report to accompany H.R. 2415, a bill WYDEN) was added as a cosponsor of S. the information available to the NICS to enhance security of United States mis- 3222, a bill to require the Secretary of system by tying the receipt of grants sions and personnel overseas, to authorize the Interior to establish a program to made under the Violent Crime Reduc- appropriations for the Department of State provide assistance through States to tion Trust Fund to the provision of rel- for fiscal year 2000, and for other purposes: evant data to the Federal Bureau of In- eligible weed management entities to Trent Lott, Chuck Grassley, Jeff Ses- control or eradicate harmful, non- sions, Richard Shelby, Fred Thompson, vestigation. This bill will ensure that Mike Crapo, Phil Gramm, Jon Kyl, Jim the NICS system is as complete as pos- native weeds on public and private land. Bunning, Wayne Allard, Thad Cochran, sible, so that the Instant Background Craig Thomas, Connie Mack, Bill Frist, Check will be as reliable as possible. S. 3260 Bob Smith of New Hampshire, and The Federal gun law—the Brady Act— At the request of Mr. HARKIN, the Frank Murkowski. makes it clear that certain persons are names of the Senator from South Da- Mr. LOTT. Mr. President, this clo- ineligible to purchase firearms. It is kota (Mr. JOHNSON), the Senator from ture vote will occur on Wednesday. I time that we take the steps necessary Nebraska (Mr. KERREY), the Senator will consult with the minority leader for enforcement of the law. This bill is from Vermont (Mr. LEAHY), and the as to the exact time. In the meantime, a giant step toward reaching that goal. Senator from South Dakota (Mr. I ask unanimous consent that the man- f DASCHLE) were added as cosponsors of datory quorum under rule XXII be S. 3260, a bill to amend the Food Secu- ADDITIONAL COSPONSORS waived. rity Act of 1985 to establish the con- The PRESIDING OFFICER. Without S. 2217 servation security program. objection, it is so ordered. AMPBELL At the request of Mr. C , the S. RES. 132 name of the Senator from Oregon (Mr. f At the request of Mrs. FEINSTEIN, the WYDEN) was added as a cosponsor of S. name of the Senator from Oregon (Mr. NATIONAL ENERGY SECURITY ACT 2217, a bill to require the Secretary of WYDEN) was added as a cosponsor of S. OF 2000—MOTION TO PROCEED— the Treasury to mint coins in com- Resumed memoration of the National Museum of Res. 132, a resolution designating the the American Indian of the Smithso- week beginning January 21, 2001, as Mr. LOTT. Mr. President, I now move nian Institution, and for other pur- ‘‘Zinfandel Grape Appreciation Week.’’ to proceed to S. 2557, regarding Amer- poses. f ica’s dependency on foreign oil. f S. 2725 CONCLUSION OF MORNING At the request of Mr. SMITH of New BUSINESS MAKING FURTHER CONTINUING Hampshire, the name of the Senator APPROPRIATIONS FOR THE FIS- from Oregon (Mr. WYDEN) was added as The PRESIDING OFFICER. Morning CAL YEAR 2001 a cosponsor of S. 2725, a bill to provide business is closed. Mr. LOTT. Mr. President, are we for a system of sanctuaries for chim- The majority leader is recognnized. ready to proceed? panzees that have been designated as f being no longer needed in research con- The PRESIDING OFFICER. Under ducted or supported by the Public NATIONAL ENERGY SECURITY ACT the previous order, the Senate will now Health Service, and for other purposes. OF 2000—MOTION TO PROCEED— proceed to a vote on the continuing resolution relative to the Government S. 2764 Resumed funding, which the clerk will report. At the request of Mr. KENNEDY, the Mr. LOTT. Mr. President, I now with- name of the Senator from Hawaii (Mr. draw my motion to proceed to S. 2557, The assistant legislative clerk read as follows: AKAKA) was added as a cosponsor of S. regarding America’s dependency on for- 2764, a bill to amend the National and eign oil. A joint resolution (H.J. Res. 120) making Community Service Act of 1990 and the The PRESIDING OFFICER. The Sen- further continuing appropriations for the fis- cal year 2001, and for other purposes. Domestic Volunteer Service Act of 1973 ator has that right. to extend the authorizations of appro- Mr. LOTT. The motion is withdrawn? The Senate proceeded to consider the priations for the programs carried out The PRESIDING OFFICER. Yes, it is. joint resolution. under such Acts, and for other pur- The PRESIDING OFFICER. The joint poses. f resolution having been considered read S. 2800 BANKRUPTCY REFORM ACT OF the third time, the question is, Shall At the request of Mr. LAUTENBERG, 2000—CONFERENCE REPORT—Re- the joint resolution pass? the name of the Senator from Oregon sumed Mr. LOTT. Mr. President, I ask for the yeas and nays. (Mr. WYDEN) was added as a cosponsor The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a of S. 2800, a bill to require the Adminis- clerk will report the conference report. sufficient second? trator of the Environmental Protection The legislative clerk read as follows: Agency to establish an integrated envi- There is a sufficient second. ronmental reporting system. Conference report to accompany H.R. 2415, The clerk will call the roll. an act to enhance security of United States S. 3071 missions and personnel overseas, to author- The assistant legislative clerk called At the request of Mr. LEAHY, the ize appropriations for the Department of the roll. name of the Senator from Oregon (Mr. State for fiscal year 2000, and for other pur- Mr. NICKLES. I announce that the WYDEN) was added as a cosponsor of S. poses. Senator from Missouri (Mr. ASHCROFT), 3071, a bill to provide for the appoint- CLOTURE MOTION the Senator from Missouri (Mr. BOND), ment of additional Federal circuit and Mr. LOTT. Mr. President, I send a cloture the Senator from Kansas (Mr. district judges, and for other purposes. motion to the desk to the pending bank- BROWNBACK), the Senator from Mon- S. 3116 ruptcy conference report. tana (Mr. BURNS), the Senator from At the request of Mr. BREAUX, the The PRESIDING OFFICER. The clo- Idaho (Mr. CRAIG), the Senator from name of the Senator from Minnesota ture motion having been presented Idaho (Mr. CRAPO), the Senator from

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Wyoming (Mr. ENZI), the Senator from Mr. REID. Mr. President, I move to ate completes its business today, it re- Washington (Mr. GORTON), the Senator reconsider the vote, and I move to lay cess until the hour of 2 p.m. on Tues- from Minnesota (Mr. GRAMS), the Sen- that motion on the table. day, October 31. ator from Nebraska (Mr. HAGEL), the The motion to lay on the table was I further ask unanimous consent that Senator from North Carolina (Mr. agreed to. on Tuesday, immediately following the HELMS), the Senator from Oklahoma The PRESIDING OFFICER. The Sen- prayer, the Journal of proceedings be (Mr. INHOFE), the Senator from ator from Minnesota. approved to date, the time for the two Vermont (Mr. JEFFORDS), the Senator Mr. WELLSTONE. Mr. President, I leaders be reserved for their use later from Florida (Mr. MACK), the Senator suggest the absence of a quorum. in the day, and the Senate then pro- from Arizona (Mr. MCCAIN), the Sen- The PRESIDING OFFICER. The ceed to a period of morning business ator from Kentucky (Mr. MCCONNELL), clerk will call the roll. until 6 p.m., with Senators speaking the Senator from Delaware (Mr. ROTH), The legislative clerk proceeded to for up to 10 minutes each as under the the Senator from Pennsylvania (Mr. call the roll. previous order. Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. Without SANTORUM), the Senator from Pennsyl- unanimous consent that the order for objection, it is so ordered. vania (Mr. SPECTER), the Senator from the quorum call be rescinded. Wyoming (Mr. THOMAS), and the Sen- f The PRESIDING OFFICER. Without ator from Virginia (Mr. WARNER) are PROGRAM objection, it is so ordered. necessarily absent. f Mr. SESSIONS. Mr. President, for I further announce that, if present the information of all Senators, the and voting, the Senator from Montana ORDERS FOR TUESDAY, OCTOBER Senate will convene tomorrow at 2 p.m. (Mr. BURNS) and the Senator from 31, 2000 with up to 4 hours for morning busi- North Carolina (Mr. HELMS) would each Mr. SESSIONS. Mr. President, on be- ness, with Senators REID and vote ‘‘yea.’’ half of the majority leader, I ask unan- WELLSTONE and LOTT in control of the Mr. REID. I announce that the Sen- imous consent that when the Senate time. ator from Delaware (Mr. BIDEN), the completes its business today, it stand Under the previous order, the con- Senator from California (Mrs. BOXER), in recess until 2 p.m. Tuesday, and that tinuing resolution will be passed by the Senator from North Dakota (Mr. the time between 2 p.m. and 6 p.m. be unanimous consent. DORGAN), the Senator from California for a period of morning business with As a reminder, cloture was filed on (Mrs. FEINSTEIN), the Senator from the time between 2 p.m. and 4 p.m. the bankruptcy bill today. That clo- Massachusetts (Mr. KENNEDY), the Sen- ture vote will occur during the day on under the control of Senators REID and ator from Wisconsin (Mr. KOHL), the Wednesday, as well as a vote on a con- WELLSTONE and from 4 p.m. to 6 p.m. Senator from Vermont (Mr. LEAHY), tinuing resolution. Senators will be no- under the control of the majority lead- and the Senator from Connecticut (Mr. tified as those votes are scheduled. er. LIEBERMAN) are necessarily absent. On behalf of the leader, if there is no I ask unanimous consent that fol- I further announce that, if present further business to come before the lowing the recess of the Senate on and voting, the Senator from North Senate, I ask unanimous consent that Tuesday, October 31, 2000, the Senate Dakota (Mr. DORGAN) would vote the Senate stand in recess under the be authorized to receive a continuing ‘‘aye.’’ previous order following the remarks The result was announced—yeas 70, resolution funding the Government for for up to 5 minutes each for Senators one day, and that upon receipt the con- nays 1, as follows: WELLSTONE, SCHUMER, and SESSIONS. [Rollcall Vote No. 293 Leg.] tinuing resolution be considered The PRESIDING OFFICER. Without passed. YEAS—70 objection, it is so ordered. I further ask unanimous consent that f Abraham Feingold Miller if the Senate receives a continuing res- Akaka Fitzgerald Moynihan BANKRUPTCY Allard Frist Murkowski olution containing anything other than Baucus Graham Murray a one day provision, the Senate be au- Mr. WELLSTONE. Mr. President, I Bayh Gramm Nickles thorized to receive that continuing res- don’t think I will even need to take 5 Bennett Grassley Reed olution, and that at 8:30 p.m. on Tues- minutes tonight. There will be time to- Bingaman Gregg Reid Breaux Harkin Robb day, October 31, 2000, the Senate recon- morrow to discuss this conference re- Bryan Hatch Roberts vene and immediately proceed to the port. Then, if there should be cloture, Bunning Hollings Rockefeller consideration of that continuing reso- Byrd Hutchinson we will see. There is also up to 30 min- Sarbanes Campbell Hutchison lution. utes for postcloture debate. There are a Schumer Chafee, L. Inouye The PRESIDING OFFICER. Is there number of Senators who will have a lot Cleland Johnson Sessions Shelby objection? to say about this bill. Cochran Kerrey Without objection, it is so ordered. Collins Kerry Smith (NH) I make one point tonight for col- Conrad Kyl Smith (OR) Mr. SESSIONS. Mr. President, let me leagues because there will be plenty of Coverdell Landrieu Snowe announce to the Members exactly what opportunity to talk about it sub- Daschle Lautenberg Thompson this consent would provide. stantively later. This piece of legisla- DeWine Levin Thurmond The Senate will reconvene at 2 p.m. Dodd Lincoln Torricelli tion that comes before the Senate is Domenici Lott Voinovich on Tuesday and basically spend the day what I call the invasion of the body Durbin Lugar Wellstone conducting morning business. snatchers. This was a State Depart- Edwards Mikulski Wyden Assuming the House passes a clean 1- ment authorization bill that has been NAYS—1 day continuing resolution, that would completely gutted. There is not one Stevens be done without a vote and, therefore, word about the State Department in NOT VOTING—29 there would be no votes during Tues- this bill. The only thing that is left is day’s session of the Senate. the bill number. Instead of the bank- Ashcroft Feinstein Lieberman All Senators are reminded that a clo- Biden Gorton Mack ruptcy bill, it was put into this con- Bond Grams McCain ture vote on the bankruptcy bill will ference report. This is hardly the way Boxer Hagel McConnell occur during the day on Wednesday. to legislate. Brownback Helms Roth All Senators will be notified as to the Mr. SCHUMER. Will the Senator Burns Inhofe Santorum Craig Jeffords exact time of that vote on Wednesday. yield? Specter Mr. WELLSTONE. I am happy to Crapo Kennedy Thomas f Dorgan Kohl Warner yield to the Senator. Enzi Leahy ORDER FOR RECESS Mr. SCHUMER. As I understand it, The joint resolution (H.J. Res. 120) Mr. SESSIONS. Mr. President, I ask the conferees who were originally ap- was passed. unanimous consent that when the Sen- pointed to the foreign aid bill were not

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.001 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25503 even informed of the conference. Not many citizens—women, low-income the ability to go back to 12 or 13 dif- every conferee was informed of the new people, moderate-income people, work- ferent States and pursue the same liti- conference; am I correct in assuming ing income people. gation all over again. that? On this conference report, Senators All our provision says is that you Mr. WELLSTONE. I say to the Sen- who decided to do this, dared not do can’t use bankruptcy for this. It was ator from New York that is my under- anything about a family being able to never intended for this, just as you standing. take millions of dollars and shielding couldn’t use it as a shield if you were Mr. SCHUMER. I thought that was themselves from liability. sued because of drunk driving. It is not an important point that our own con- I yield the floor. pro-life or pro-choice. ferees were not told there was a con- The PRESIDING OFFICER. The Sen- My lead cosponsor is HARRY REID, my ference to move this along. ator from New York is recognized for 5 friend and colleague, who believes as Mr. WELLSTONE. This conference minutes. strongly in the pro-life movement as I report is worse than the bill that Mr. SCHUMER. Mr. President, I aug- believe in the pro-choice movement. It passed the Senate. The Schumer provi- ment what my friend from Minnesota is not partisan. Immediately, Senators sion was taken out. The Kohl provision said about the bill. Aside from the pro- SNOWE, JEFFORDS, and COLLINS joined was taken out. It is absolutely amazing cedural problems, I have never seen us in cosponsoring the amendment. It to me that we would try to jam anything like this in the 20 years I passed in this body, supported by both through a bill, which I believe is very have been in this Congress. Aside from pro-choice and pro-life Senators, 80–17. harsh toward the most vulnerable citi- the other provisions, I want to talk This new little provision—it was zens, which purports to deal with the about the amendment I have added to taken out. To me, it is the most impor- abuse—the American Bankruptcy In- this bill. Let’s not forget, Senators, 80 tant provision in this bankruptcy bill. stitute states, at best, a 3-percent Members voted for that provision. I Yes, we need to change our bankruptcy abuse—but, at the same time, enables think 17 voted against the provision. laws for the better. I do not disagree people who have millions of dollars to The bill that comes back is a dif- with that. But to do it and do it in this buy luxurious homes in some States in ferent bill. The provision that I wrote way and not give the Senate its voice the United States of America and into the bill which is so important says to me: Let’s go back to the draw- shield all their assets from bankruptcy. deals with the use of bankruptcy as a ing board and scrap it. We do great for people who have mil- way to violate the laws of this country. This is an issue that relates to the lions of dollars to buy luxury homes Very simply, we passed a law a while Constitution of the United States and shield themselves from any liabil- ago called a face law. It gave women itself, the rule of law. This is an issue ity, but we are going to pass a piece of who sought to have abortions the abil- that says if the Constitution grants legislation—and I will have the docu- ity to actually have what their lawful you a right, we are not going to let cowards use the bankruptcy law to mentation tomorrow from bankruptcy rights are. Blockaders started block- hide behind, avoiding their just civil professors, law professors, and judges ading the place. Then they actually punishment. As the Senator from Min- across the country that have roundly used violence to stop the right to nesota said, you will hear from us on condemned a piece of legislation that choose, a constitutionally given right. this. If the people who were managing is one-sided—that doesn’t call for the The face law simply said the clinic this bill cared so much about passing credit card companies to be account- could sue those who used violence or it, they should have kept the so-called able at all, is harsh in its impact on threat of violence against them—not Schumer amendment in there. It would the most vulnerable citizens, is op- people peacefully protesting; that is have been a lot easier to get things posed by the civil rights community their American right. I defend that no done. But that did not happen, they matter how much I disagree with their broadly defined, women’s organiza- could not and would not. tions, consumer organizations, labor position. All of a sudden, the right to Because the amendment I have added organizations, and a good part of the choose was restored. It had not been addresses head-on this fundamental use religious community because of its available in 80 percent of the counties of the bankruptcy system, I will not one-sidedness. It is so harsh in its im- in this country because of the block- rest until we do everything proce- pacts on the most vulnerable citizens. I aders who believed, since they were durally possible to make sure that a will lay this case out because it claims getting their message from God, they bankruptcy reform package without it to deal with the problem of widespread superseded the rest of us. That, of fails. abuse. The American Bankruptcy Insti- course, is dangerous thinking. Any one I yield the floor and yield back my tute tells us at best we are talking 3 could believe if we have a message time. percent. I have seen no high figures from God we ought to impose it on The PRESIDING OFFICER. The Sen- presented by anybody. someone else, and we all have different ator from Alabama. The bill now is worse than what Sen- views of what God is telling us. Mr. SESSIONS. Mr. President, I am ators voted on on the floor of the Sen- In any case, now they have found a disheartened to hear the Senator from ate. Again, the process is absolutely new way to violate the law. That is to New York would take such a strong po- outrageous. A State Department bill, declare bankruptcy. Let me inform my sition on this bill since he had been an on which hardly anybody was con- colleagues of one case, the so-called original promoter of it. It passed this sulted, was completely gutted, and a Nuremberg files. The group put to- body by 90 votes, at least twice, I think bankruptcy report put in instead. gether on the Internet names and ad- three different times—88 or 90 votes. It I hope my colleagues will defeat this dresses of doctors, of their wives, of is good to see Senator GRASSLEY here, piece of legislation. I come to the floor their children. When a doctor was who was the prime sponsor of the legis- tonight to let Senators know there are killed, as Dr. Slepian, in my home lation. To have it die over this one a number of Senators ready to debate. State of New York, near Buffalo, NY, issue is really unbelievable, particu- We will have much to say tomorrow. If they put an ‘‘X’’ next to his name. If a larly since Senator GRASSLEY and oth- there should be cloture—we will see— doctor was injured, his named was ers have offered several different ways we will have much to say after that shaded. we could meet the objections on the cloture vote as well. The more people Those people were sued under the abortion clinic language, which I con- in this country know the substance of face law. Of course, the Oregon court in sider to be awfully insignificant in the this piece of legislation and the out- which they had the trial ruled they had line of the legislation except for the rageous way this is being done, I think violated the law. To not pay judgment, important philosophical and legal the angrier people will become. It is each of them went back to their own points. I think it will be a tragedy if we important people in this country know States and declared bankruptcy. do not. what this piece of legislation is about Whether the bankruptcy issue is held This bill passed this body by around and the harsh impact it will have on so or not, this little clinic does not have 90 votes, over 90 votes one time—three

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.001 S30OC0 25504 CONGRESSIONAL RECORD—SENATE October 30, 2000 different times. It has been debated in call Old John, 1–800. We will take care they walk out of court. That is not committee. If I am not mistaken, the of your debts.’’ helping treat the root cause. But credit vote was 18–2 in committee, the Judici- Do you know, if you owe $60,000 and counseling does. It says: We respect ary Committee, on which Senator you really don’t want to pay that you, American men and women. We GRASSLEY and I served and brought $60,000 debt, and today you are making want to help you get your financial that bill out. It is a bipartisan bill. $80,000, you can go down to a bank- house in order, and if you can avoid I, along with Senator REID, got in- ruptcy lawyer, file chapter 7, and wipe bankruptcy, we will show you how and volved with working with the White out that debt and not pay one dime of help you do that. That is a good step in House not long ago on reaffirmations, it? You can do that. There is no con- the right direction. the one issue they said was left to set- trol. It is being done all over America There are a lot of other things in this tle, and we settled that issue to the today and it is not right. What does bankruptcy bill that improve the law. satisfaction of the White House. that say to a good, hard-working fam- It has not been changed in over 25 Now what do we have? A move to ily who sits down around the kitchen years. We have new experience with the kill, once again, good bipartisan legis- table, pray tell, and tries to figure out law. We have seen a host of abuses of lation that has been overwhelmingly how they can pay their debts? This the law, loopholes through which peo- supported in this Senate. It is a shame family does not buy a new car, does not ple are driving trucks. We closed those and a disgrace. It is outrageous that go on a vacation, does everything loopholes. somehow, some way, we passed this right, they pay their debts, and clever For the most part, it has been over- with veto-proof majorities and we are John goes down to the bankruptcy law- whelmingly received by everybody in not able to get it up for a last vote or yer and doesn’t pay his debt. Some- this body. Over 90 Senators in this Sen- get it passed. thing is wrong in America when we ate have voted for it, Democrats and I feel strongly about that. Maybe allow that kind of abuse to occur time Republicans. The White House has ap- now we can get it out of here and the and time again. proved all of these. President will see fit to sign it. The It is true—I do not believe it is 3 per- We have a problem with bankruptcy. homestead language Senator cent—the majority of people who file We can do better. This bill is fair. It WELLSTONE mentioned, I agree with bankruptcy will not be affected by this raises protections for women and chil- him. I think we ought to make bigger bill. But those who are abusing it will dren far above anything before. changes in the provisions that say peo- be. If you are a doctor and you are Before, lawyers and other debts were ple can put all the money they want to making $150,000 a year and you owe paid before child support. In this bill, in a homestead and not have it taken $300,000 in student loans and other alimony and child support are raised to from them in bankruptcy. You could debts, and you can pay $50,000 of that, the highest level. The first money paid put $10 million in 160 acres and a man- shouldn’t you be required to pay it? We goes to pay child support. That is a big, sion and you would not have to give it have examples of physicians declaring positive change. By killing this bill, up to pay your just debts to your doc- bankruptcy against all their debts that will not happen. The old rules will tor, to the gas station down the street, when they could have easily paid a sub- be in effect and children and women to the friends from whom you borrowed stantial number of them. Why will not get that preferential treat- money. That is not right. shouldn’t they pay what they can pay? ment. We made, though, for the first time, In America, we believe if you are We can do better. This is a good bill. over the vigorous objections of several hopelessly in debt and you cannot pay I think the President will reconsider. key States that have those kinds of out, we give people—and we always He has been involved in this process for provisions in their State Constitu- have—the right to file bankruptcy. It well over 3 years, as we have been wres- tions—Texas, Florida, Kansas—they is just that it has become so common, tling with it, having hearings and de- fought tenaciously for that, but we the process of advertising and filings. bates on this floor and in the House. To made historic progress in limiting the The numbers are going up. While the say this is sneaking the bill in is really ability of a debtor to hide his assets in economy is hitting records we have unbelievable. It has been a source of a multimillion-dollar mansion. That never had before, filings in bankruptcy regular debate and bipartisan agree- was a great step forward. To say we keep going up. What is going to happen ment, and now we get to the very last ought to keep current law, which has when we have a serious problem in this of this session and see an effort to de- no controls whatsoever, and not pass country? rail it over this odd idea that out of all this bill, that has the first historic We have worked hard. I put in a pro- the activities in America, if you get steps to control debt abuse, is really vision that says before you file bank- sued by an abortion clinic, you cannot cutting off your nose to spite your ruptcy, you ought to talk to a credit file for bankruptcy. face. That is the kind of thing we are counseling agency. Credit counseling One of the suggestions I made and hearing. agencies actually help people who are others have made is, what about a Let me tell you what this bill fun- in debt. They help them set up budgets, union group that tears down a busi- damentally does. It says if you are of they advise them whether or not they ness? What about a group of environ- median income—that is, $44,000 for a can pay off their debts. If not, they will mental activists that tears up and pro- family of four—if you are a family of go to a lawyer and file bankruptcy. But tests and illegally does business? Do four and you are making below that if they could pay it off, pay down the they get to claim bankruptcy against $44,000, you can be bankrupt and not high interest notes first, negotiate their debts, but not those who go to an pay any of your debts, just as the cur- with creditors, set up a payment plan, abortion clinic because they are reli- rent law says. But if you are making get the whole family in—if there is a gious, I suppose? above that and the judge concludes you drug problem, gain treatment; if there Why should we have such a double can pay a part of your debts—10 per- is a mental health problem, get treat- standard, a political law in bank- cent or more—then he can order you to ment. Gamblers Anonymous can be ruptcy? That is a political act, not go into chapter 13 and pay back some used for people who have these prob- something that ought to be in the of the debts that you can pay back. lems. A lot of these things are driving bankruptcy court of America. What is wrong with that? We have bankruptcy. I said if you either take it out or had a doubling of filings in bankruptcy None of that is occurring in bank- draw it broadly and it covers similar over the last 10 years. We have over a ruptcy court. Lawyers come in, they acts by other groups, then I will sup- million bankruptcies filed per year. It claim a $1,000 fee, or $2,000, or what- port it, but I am not going to vote for is being done primarily because law- ever, and their secretaries fill out the a law that simply targets one group yers are advertising. Turn on your TV forms. They don’t even meet the client that one Senator does not like. What is anytime at night and you will see they until they get to court. The judge de- right about that? How is that good are there: ‘‘Solve your debt problems, clares all their debts wiped out, and law? Some Senators and the President

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.001 S30OC0 October 30, 2000 CONGRESSIONAL RECORD—SENATE 25505 do not like abortion protesters. I guess far. We have worked too hard. We have The PRESIDING OFFICER. Without he thinks they are too religious, so a bill that has bipartisan support. I am objection, it is so ordered. they do not get to claim bankruptcy, hopeful yet that the President will sign but everybody else does. People who it, and it will be good for America. f put metal spikes in trees that injure Mr. President, I suggest the absence people in the forest business, I guess of a quorum. RECESS UNTIL 2 P.M. TOMORROW they do not count. The PRESIDING OFFICER. The clerk will call the roll. The PRESIDING OFFICER. Under That is where we are on this. That is The legislative clerk proceeded to the previous order, the Senate stands such an infinitesimal problem which call the roll. in recess until 2 p.m. tomorrow. we can overcome, unless the real agen- Mr. SESSIONS. Mr. President, I ask Thereupon, the Senate, at 8:04 p.m., da is to see bankruptcy does not pass. unanimous consent that the order for recessed until 2 p.m., Tuesday, October I hope that is not so. We have gone too the quorum call be rescinded. 31, 2000, at 2 p.m.

VerDate Aug 04 2004 10:34 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S30OC0.001 S30OC0 25506 CONGRESSIONAL RECORD—HOUSE October 30, 2000 HOUSE OF REPRESENTATIVES—Monday, October 30, 2000

The House met at 9 a.m. Mr. COBURN. Madam Speaker, I rise are today than we were 8 years ago, f this morning to remember Andrea and I want to focus on a very impor- Aulbert, a woman whose life, though tant part of that question that has MORNING HOUR DEBATES brief, was one of impressive accom- been ignored in the debate that is The SPEAKER. Pursuant to the plishment. Andrea served as the Direc- going across our land, and it is the order of the House of January 19, 1999, tor of Legislative and Legal Affairs for question, are we better off in terms of the Chair will now recognize Members Concerned Women of America until her national security than we were when from lists submitted by the majority death on July 2 at the age of just 33. the wall came down about 12 years ago? and minority leaders for morning hour Andrea spent her life in service to I think it is very arguable that the debates. The Chair will alternate rec- others, from her student days as a world is a much more dangerous place ognition between the parties, with each camp counselor in her native State of than it was at that time, and I think it party limited to not to exceed 25 min- Michigan, to her advocacy on behalf of is arguable that we are much more vul- utes, and each Member, except the ma- persecuted Christians in China and nerable, and, tragically, Americans jority leader, the minority leader, or other countries, to her tireless efforts have been lost at home and abroad re- the minority whip, limited to not to in her professional career in support of cently, as we know with the Cole, to exceed 5 minutes, but in no event shall moral renewal and the sanctity of underscore that situation. debate extend beyond 9:50 a.m. human life. I know that some of the candidates The Chair recognizes the gentle- After completing her studies at the have talked about their foreign policy woman from the Virgin Islands (Mrs. University of Michigan and Valparaiso experience, and I know that Vice Presi- ORE CHRISTENSEN) for 1 minute. Law School, Andrea spent some time in dent G , who has been on watch for the past 8 years with President Clin- f my home state, Oklahoma, on the fac- ulty of Bartlesville Wesleyan College. ton, claims that our foreign policy has PROVIDE FULL FUNDING FOR CON- But shortly after taking a position in accomplished some good things. I would take strong issue with that. I GRESSIONAL BLACK CAUCUS Washington with the Concerned do not think our foreign policy has HIV/AIDS MINORITY AIDS INITIA- Women of America, Andrea learned been much of a success at all. It has TIVE that she was suffering from a rare form been characterized by unevenness, but, Mrs. CHRISTENSEN. Mr. Speaker, I of lung cancer. most importantly, by missed oppor- come to the floor this morning as the In 1998 she under went a difficult and tunity. final funding for health care is being risky lung transplant at the University Most of our friends think that the negotiated, to make a final plea for full of Alabama in Birmingham, and within United States of America as the funding for the Congressional Black a few months she was back at work. world’s most important power, most Caucus HIV/AIDS Minority Aids Initia- This spring, however, her cancer re- free country, most successful economy, tive, and the increase we are seeking turned, and, again, the wait began for is adrift. They are puzzled by what we for Medicaid for the territories. another transplant operation. are doing and what we are not doing. Mr. Speaker, as HIV infections and Her last night in Washington was, Our enemies are certainly taking op- cases of AIDS come under control in ironically, spent at an event given in portunity to score points where we are other communities, in African Ameri- my honor. She was excited and hopeful missing our opportunities. cans and Hispanics or Latinos it re- that evening. She had received word I think that when you take a look at mains a major killer. Eighty-one per- that she had qualified for an additional the problems with our national secu- cent of all new HIV infections are lung transplant. rity policy, you can fit them very neat- among African American and Latino That surgery was performed a week ly into some categories. women. Even in minority communities later, but, sadly, she did not survive First of all, just starting with our that have not seen the same numbers, the surgery. However, her memory concern about security at home. The their fragile health care infrastructure lives on with her family, her friends Clinton-Gore policy record on pro- places them at an extreme risk. and her colleagues, and those of us in tecting our national secrets and deal- We must fund the CBC request at the Washington that knew her. The good ing with national security has been full $539 million, provide Medicaid for that she did in her short life will be felt nothing short of abysmal, whether it is early treatment, and make a signifi- for years to come by thousands of peo- the State Department missing laptops, cant investment for Medicaid for citi- ple who never knew her at all. whether it is the former Director of the zens in my district and the other terri- That is the definition of a true Amer- Central Intelligence Agency knowing tories by funding the request of the ican hero, Andrea Aulbert. he should not take home, but taking gentleman from Guam (Mr. UNDER- f home classified information, and mak- WOOD) and me. ing it vulnerable for being picked up by Mr. Speaker, health care, quality A MORE DANGEROUS WORLD hackers. Things like that are just inex- health care, is a right that we in this TODAY cusable. body and the White House must extend The SPEAKER pro tempore. Under But we have not vetted all of the peo- to all. the Speaker’s announced policy of Jan- ple who need security clearances, by f uary 19, 1999, the gentleman from Flor- any means, and we have put them into ida (Mr. GOSS) is recognized during sensitive jobs. We have a long waiting TRIBUTE TO ANDREA AULBERT morning hour debates for 5 minutes. list, and we are falling down on that The SPEAKER pro tempore (Mrs. Mr. GOSS. Madam Speaker, as we type of thing, whether it the White BIGGERT). Under the Speaker’s an- begin this week, we obviously have House or the Defense Department or nounced policy of January 19, 1999, the many important domestic issues before the State Department. Certainly we gentleman from Oklahoma (Mr. this body, and that is entirely very ap- have underscored the problem dramati- COBURN) is recognized during morning propriate. The question is being asked, cally with the loss of the weapons se- hour debates for 5 minutes. are we better off in terms of where we crets from the Los Alamos labs.

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

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25507 We have in the Clinton-Gore adminis- REGARDING THE ARMENIAN against H.R. 596, to immediately visit tration seen a cultural disdain for secu- GENOCIDE the Armenian Patriarch as a show of rity, an arrogance, that we know better The SPEAKER pro tempore. Under solidarity with His Eminence and with somehow, so we do not have to play by the Speaker’s announced policy of Jan- his dwindling Armenian flock. the rules. uary 19, 1999, the gentleman from New Madam Speaker, we must remain Combat readiness is another area Jersey (Mr. PALONE) is recognized dur- vigilant in the face of threats and where we want to take a look at our ing morning hour debates for 5 min- those who continue to deny the Arme- national security. Vice President GORE utes. nian genocide. As Van Krikorian, the has made a great deal about rein- Mr. PALLONE. Madam Speaker, I Chairman of the Board of Directors of venting government and saving 330,000 rise today to express my deep dis- the Armenian Assembly noted in re- jobs. If 300,000 of those jobs have come appointment regarding the withdrawal marks given over 10 years ago to the out of our defense forces, what does of H. Res. 596, the Armenian genocide Capitol Legal Council of B’nai B’rith, that say about our readiness? We un- resolution from the House floor. ‘‘Make no mistake, those who are de- derstand we have ships going to sea As it has been said on many occa- nying the Armenian genocide today are undermanned. We are cannibalizing sions, H. Res. 596 is not about the Re- paving the way for those who deny equipment in order to get spare parts. public of Turkey. In fact, an amend- other genocides and for those who will We are bypassing rotations so our ment was adopted in the Committee on undoubtedly plan future episodes of troops are not getting the necessary International Relations which made it race extermination.’’ I will introduce R&R, an opportunity to see their loved perfectly clear that this resolution was the remarks of Mr. Krikorian for the ones. We are cutting corners. We are not about modern day Turkey. record. cutting corners on training, and sooner Unfortunately, the Republic of Tur- Madam Speaker, I just want to say or later, it catches up with us, and, key decided to make a sense of the that these remarks are as valid today tragically, it has. House resolution about the extensive as they were 10 years ago. I urge all of Right now I do not believe that there U.S. record on the Armenian genocide my colleagues to reject the ongoing is much vision about readiness, and I a litmus test of its relationship with campaign of denial regarding the Ar- think that has been underlined in the the United States. I deeply regret that menian genocide. types of readiness that we need to Turkish officials have opted to use co- have. It is no longer navies against na- [Remarks to the Capitol Legal Council of ercion and threats too make their case. B’nai B’rith—Dec. 21, 1989] vies, dreadnoughts against dread- A recent report by the Anatolia news FIGHTING DENIAL OF THE ARMENIAN GENOCIDE noughts at Midway, or carriers and agency that a Turkish human rights carriers fleets against carrier. It is now activist, Akin Birdal, faces charges for (By Van Z. Krikorian, Director, Government dealing with things like terrorists and and Legal Affairs, the Armenian Assembly acknowledging what happened to the of America) narcotics cartels, things that affect our Armenian people as genocide, dem- American citizens in deadly and dread- In the spring, you heard a speech from a onstrates the lengths Turkey will take Turkish Embassy official contending that ful ways. to deny the truth. Birdal reportedly the Armenians did not suffer a genocide be- We have also had some extraor- made the comment during a recent tween 1915 and 1923. That contention is pat- dinarily bad judgment in our policies, conference in Germany, and now faces ently false. But, Turkey’s and its agents’ in- whether you start with the tragedy of the possibility of a 3 year sentence in sistence on vigorously pursuing it poses a Somalia, whether you go on to Haiti, Turkey. frightening threat to all people who believe where we have now seen a grotesque In addition to prosecuting this in democracy and human rights. Make no tragic and expensive failed foreign pol- human rights activist, Turkey also co- mistake, those who are denying the Arme- icy result. The Balkans are still very erced a statement from the head of the nian genocide today are paving the way for much at unrest. We have much work to Armenian Church in Turkey, those who deny other genocides and for those who will undoubtedly plan future episodes of do there, and many troops committed distancing his church and the remnant race extermination. I am sure you are aware there, and we have not resolved the un- 35,000 Armenians who still live in Tur- that Hitler publicly laid the foundation for derlying problems. key from H. Res. 596 and its meaning. the Holocaust by referring to ‘‘the extermi- Saddam, if you wonder why the price Setting aside for the moment how a nation of the Armenians’’ starting, at least, of heating oil and price of gasoline at population of some 2 million Arme- in 1931 and most forcefully in 1939 when he the pumps is being debated in this nians has been reduced so catastroph- commanded his military to show no mercy chamber and elsewhere, it is largely be- ically, is there any doubt in the minds by asking: ‘‘Who, after all, speaks today of cause we have messed up in the Mid- of any Member that virtually every liv- the annihilation of the Armenians?’’ east so badly and been asleep at the ing Armenian in Turkey is anxiously Those who deny the Armenian genocide are switch so long under the Clinton-Gore removing the underpinnings of all human waiting for the world to acknowledge progress by pretending that nothing exists administration that our policies on en- the truth about their near total de- which, for whatever reason, they do not want ergy have gone adrift and we have been struction or the near total destruction to exist. This approach is often viewed as po- victimized by others as a result. of their community? litically expedient. But, in the end, it only Africa, a whole continent that we Madam Speaker, is there any doubt aborts the cause of civilization. have pulled back our capabilities on by that the statements made by the Ar- This is why I am especially glad to address direct order of the Clinton-Gore admin- menian Patriarch were made under du- you this afternoon and to publicly challenge istration, is a continent that is torn by ress? There is only one place in the the arguments of the deniers. I am also glad all kinds of carnage and brutality, un- world where an Armenian Church lead- to know that the Holocaust Memorial Coun- settled conditions, a breakdown of law cil has publicly and unequivocally com- er cannot tell the truth. There is only mitted to include the Armenian genocide in and order, misery and suffering across one place in the world where nobody the United States Holocaust Memorial Mu- the board, and tragically, again, loss of answers Hitler’s chilling question, seum, a decision which rebukes the deniers American life because we were unpre- ‘‘Who, after all, speaks today of the an- and promotes historical integrity. pared with the blowing up of those em- nihilation of the Armenians?’’ And Today, I plan to discuss some of the rea- bassies. that place is modern, secular and sons why the Armenian genocide is properly These are the kinds of things that I democratic Turkey. classified as a genocide and then refute some think we need to think about when we Madam Speaker, I ask what kind of of the more popular arguments offered by talk about what we need for the vision message we are sending to the Patri- the Turkish government and other deniers. of the future; the right kind of readi- arch of the Armenian Church in Tur- First of all, what does the term genocide mean? Literally, it means the killing of a ness, the right kind of preparedness. I key and all others in that country who race. An attorney and Holocaust survivor, think that is an important part of this are prevented from speaking their con- Rafael Lemkin, coined the term in 1944 and debate, and I know we are going to be science. then dedicated himself to creating and pro- talking more about it in this week as I call upon our Ambassador to Tur- moting the United Nations Genocide Conven- we are here. key, who has so forcefully advocated tion. Before, during, and after coining the

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25508 CONGRESSIONAL RECORD—HOUSE October 30, 2000 term, Lemkin used the Armenian case as a Adana, where as a point of fact the Arme- however, [fakat hakikatde] the purpose of all definitive example of genocide. In Lemkin’s nians have already won the hatred of the this is to achieve by stages the objective view, it would be impossible to question Moslems, provoke organized massacres as [stated above]. . . . [I]t is required that whether the Armenians suffered a genocide, the Russians did at Baku. vague and gentle-sounding words [mubhem because the term was created to be a syn- (4) Leave all executive to the people in ve mulayim] be employed both in the fram- onym with the Armenian experience. provinces such as Erzeroum, Van, Mamuret ing and in the application of the peace set- Similarly, the United Nations legislative ul Aziz, and Bitlis, and use Military discipli- tlement, while constantly maintaining an history of the Genocide Convention is clear nary forces (i.e. Gendarmeris) ostensibly to appearance of peacelovingness towards the that the Armenian case is an example of stop massacres, while on the contrary in Armenians. genocide, a position from which the United places as Adana, Sivas, Broussa, Ismidt and [t]hese instructions reflect the real intent Nations has not moved. In the United States, Smyrna actively help the Moslems with [makasidi hakikiyesi] of the Cabinet. They the legislative history of ratifying the Geno- military force. are to be treated as secret, and are meant cide Convention and the implementing legis- (5) Apply measures to exterminate all only for your eyes. lation is equally clear that the Armenian males under 50, priests and teachers, leave Again, documents like these as well as di- case is synonymous with the term genocide. girls and children to be Islamized. rect admissions of guilt by the government These legislative histories, of course, merely (6) Carry away the families of all who suc- officials are literally everywhere. reflect the overwhelming evidence of the Ar- ceed in escaping and apply measures to cut Recognizing that indisputable fact, Kemal menian genocide. Yet, the deniers argue that them off from all connection with their na- Ataturk, the founder of modern Turkey, did the Armenian case somehow does not fit the tive place. not hesitate to condemn the responsible definition of genocide. (7) On the ground that Armenian officials Ottoman government for its actions. In an The Genocide Convention provides: may be spies, expel and drive them out abso- interview published August 1, 1926 in the Los Genocide means any of the following acts lutely from every Government department Angeles Examiner, he said that all those re- committed with intent to destroy, in whole or post. sponsible ‘‘should have been made to account or in part, a national, ethnical, racial or reli- (8) Kill off in an appropriate manner all Ar- for the lives of millions of our Christian sub- gious group, as such: menians in the Army—this to be left to the jects who were ruthlessly driven en masse (a) Killing members of the group; military to do. from their homes and massacred.’’ Today, (b) Causing serious bodily or mental harm (9) All action to begin everywhere simulta- the Turkish government has called the au- to members of the group; neously and thus leave no time for prepara- thenticity of this quote into question. Yet (c) Deliberately inflicting on the group tion of defensive measures. this 1926 statement was not an isolated conditions of life calculated to bring about (10) Pay attention to the strictly confiden- event. In 1918, Ataturk called for the execu- its physical destruction in whole or in part; tial nature of these instructions, which may tion of the genocide’s perpetrators. In 1919, (d) Imposing measures intended to prevent not go beyond two or three persons. as recorded by a presumably unimpeachable births within the group; In fact, these orders basically describe the source, future Turkish prime minister Rauf (e) Forcibly transferring children of the actual pattern of the genocide. Of course, Orbay, Ataturk acknowledged the govern- group to another group. during implementation, the ruling party ment’s massacres ‘‘of 800,000 Armenians’’ and No one realistically questions whether issued additional orders on massacring Ar- ‘‘decried the extermination of the Arme- Ottoman Turkey engaged in the specific acts menians (I will share another with you nians.’’ In a 1920 speech, Ataturk explicitly enumerated in this definition. That would be shortly) as well as orders to punish those condemned the massacres as ‘‘scandalous.’’ absurd because the Armenian population of Turks who showed mercy to the Armenians. Again, this type of documentation is indis- over two million was unquestionably reduced The post-war trials are also dispositive not putable and overwhelming, but we still face to under 100,000, and those people did not only for their indictments and verdicts, but those who act as if it does not exist. When simply disappear—they were killed, forcibly also for the overwhelming evidence used to such denials are funded from a country as converted to Islam, and, in small numbers, secure the verdicts. Specifically, both cen- important as Turkey, we face the prospects escaped. tral and provincial government officials were of the Nazi operating principle: ‘‘a lie told What the deniers question is whether the tried and convicted for the ‘‘massacre and 1,000 times becomes the truth.’’ government committed the acts with the in- destruction of the Armenians.’’ Besides a Accordingly, I would next like to refute tent to destroy the Armenian presence in major trial in Istanbul, moreover, local the predominant arguments used by the their homeland of three thousand years. This trials for the same crimes, which have yet deniers today. Let me start with one that contention is shamefully absurd. not been widely publicized, also took place. the embassy official who spoke here in the I cannot go over all the admissions and (Parenthetically, I would add here that these spring touted as dispositive—‘‘It was not a evidence establishing beyond any doubt that trials were cited as precedent for the Nurem- systematic effort to kill all Armenians [be- the government planned and implemented a berg trials following World War II.) cause] no harm was done to the Armenian campaign of race extermination, but the ar- Next, I would like to share a November 8, communities living outside the war zone—in chives of the United States and almost every 1920 central government order, quoted from a Istanbul, the Ottoman capital, for example.’’ European country (including the Central Turkish source. This order commanded Gen- Initially, I would note that this argument is Powers, Turkey’s allies) are overflowing eral Kazim Karabekir to essentially continue as fallacious as saying that Jews did not suf- with this evidence. Today, I would like to the job of exterminating the Armenians after fer a genocide because they were relatively call your attention to the following pieces of World War I by wiping out the Russian-Ar- safe in Rome and Bulgaria. But, more impor- evidence: (1) a December 1914 authenticated menian population: tantly, the factual assertion is not true. blueprint for genocide issued by the ruling By virtue of the provisions of the Sevres Armenians certainly were exterminated in Committee of Union and Progress Party Treaty Armenia will be enabled to cut off Istanbul and every other part of Turkey, and which can be found in the British archives; Turkey from the East. Together with Greece it was clearly systematic. For example, on (2) the post World War I, Turkish trials and she will impede Turkey’s general growth. December 7, 1915 German Ambassador Met- convictions (based on substantial, irref- Further, being situated in the midst of a ternich informed Berlin that the Govern- utable testimonial and documentary evi- great Islamic periphery, she will never vol- ment wiped 30,000 Armenians out of Istanbul dence) of the government officials respon- untarily relinquish her assigned role of a and that ‘‘gradually a clean sweep will be sible for ordering and implementing the ex- despotic gendarme, and will never try to in- made of the remaining 80,000 Armenian in- termination of the Armenians; (3) a Novem- tegrate her destiny with the general condi- habitants of the Ottoman capital.’’ Indeed, ber 8, 1920 order for the military to extermi- tions of Turkey and Islam. the government massacred or tried to mas- nate the Armenians living in Russia; (4) and Consequently, it is indispensable that Ar- sacre all Armenians from European Turkey the acknowledgment of the Armenian geno- menia be eliminated politically and phys- by first shipping them over the Bosporus and cide by the founder of modern Turkey, ically [siyaseten ve maddenten ortadan then killing them. One example is the eradi- Kemal Ataturk. kaldirmak]. cation of the Armenians from the European The December 1914 order reads as follows: Since the attainment of this objective is town of Rodosto. In fact, Armenians and (1) Profiting by Articles 3 and 4 of Com- subject to [the limitations of] our power and their friends commemorate the genocide on mittee Union and Progress, close all Arme- the general political situation, it is nec- the anniversary of April 24, 1915 because on nian Societies, and arrest all who worked essary to be adaptive in the implementation that date the government gave the clearest against Government at any time among of the decision mentioned above [tevfiki signal of systematic race extermination. It them and send them into the provinces such icraat]. Our withdrawal from Armenia as arrested and killed hundreds of unquestion- as Bagdad or Mosul, and wipe them out ei- part of a peace settlement is out of the ques- ably innocent Armenian community leaders ther on the road or there. tion. Rather, you will resort to a modus ope- (including legislators, clergy, educators, and (2) Collect arms. randi intended to deceive the Armenians attorneys) in Istanbul. (3) Excite Moslem opinion by suitable and [Ermenileri igfal] and fool the Europeans by Another argument which the deniers for- special means, in places as Van, Erzeroum, an appearance of peacelovingness. In reality, ward is that Armenians died of natural

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25509 causes (famine, cholera, diseases), not gov- not only include the Turkish war casualties genocide really have little choice. These peo- ernment ordered massacres. Putting aside all and the massacres of tens of thousands of ple are Turkish or Ottoman historians. If the direct evidence of the genocide, this ar- Arabs in Turkey, but also the Moslems who they do not assume the current govern- gument is ridiculous. It would be the first died fighting with the Allies against the ment’s line, they will be cut off from re- time, that I know of, in which famine and Turks in the Middle East—that is Moslems sources necessary for their life’s work. Even diseases moved form town to town across an which the Turks themselves killed. Turkish sources confirm that cooperation entire country removing all but less than A third strand of this ‘‘numbers game’’ ar- with the government pays dividends while 100,000 Armenians from over 2,000,000, and gument applies artificial formulas to the criticism exacts a high price. leaving the Turkish Moslem population as nineteenth century populations, plugs in The next denial argument is one of the the sole survivors. Frankly, such a ‘‘selec- some theoretical conditions, and concludes more interesting. This argument contends tive disease’’ argument has no historical or with ridiculous population and mortality fig- that a judgment on the Armenian genocide scientific credibility, and those who make ures which bear no relation to reality. This must be reserved until the Republic of Tur- the argument must not expect their audience argument falls on its face because it com- key opens its archives of the period. The ar- to reflect on its merits very deeply. pletely ignores the direct, factual evidence gument is interesting because Armenians But, then the deniers argue that there was of the genocide. Its proponents are as off sought free access to the Ottoman archives also a great civil war in which Armenians base as those who recently claimed in the for years. Then the irrelevance of these ar- took up arms against Turks. In that sup- newspaper ‘‘Sieg’’ that only 150,000–200,000 chives became obvious. For instance, Turkey posed war, great, mutual killings occurred. Jews died under Nazi rule and those deaths does not even own all the relevant archives Never mind that the government had dis- came during the ‘‘German-Jewish war.’’ from the period. After the War, the govern- armed all the Armenians, the government Another denial theme is that commemo- ment sold hundreds of thousands of its drafted all the able-bodied Armenian men rating or recognizing the Armenian genocide records to the Bulgarians as scrap paper. into labor battalions of the army where they promotes terrorism. Initially, let me say Other parts of the archives exist in Jeru- were massacred, and contemporaneous re- that we unequivocally condemn all ter- salem, the Soviet Union, the Middle East, ports do not reference any civil war. In fact, rorism, including Armenian terrorist attacks and Europe. In addition, after World War I, in a newly published book, ‘‘The Slaughter- on innocent Turks. But, the threat of ter- Turkish officials readily acknowledged that house Province,’’ we can read American con- rorism does not justify rewriting history to the files on Armenian massacres were re- sul Davis’s official, eyewitness report from deny Ottoman Turkey’s crimes against hu- moved and destroyed. In fact, the docu- the interior of Turkey of the disarming of manity. More importantly, and again the mentation in archives around the world con- the Armenians and the lack of any real re- deniers conveniently fail to mention this tains more direct evidence of the genocide sistance. He reports that after the massacres fact, Armenian terrorism is a moot point. In than we can possibly digest. (The United of Armenians in the Province of Harput (ul- a March 1989 report, even the State Depart- States archives contain approximately 25,000 timately over 100,000), the government could ment had to acknowledge that there has not pages for the period 1915–1918 alone, includ- ‘‘find only four or five instances where any been an Armenian terrorist attack in three ing captured German records, which fully Turks had been killed or even injured by Ar- or four years and Armenian terrorist groups document the genocide.) So, while the Turk- menians and less than a dozen instances of have withered away. This cessation of ter- ish held archives may be interesting, they any resistance by Armenians.’’ In other iso- rorism is attributed to lack of mainstream are only a very minor contribution to the lated areas, of course, Armenians fought Armenian community support and to the history of the genocide. back against Turks. But, these were either growing international rejection of Turkey’s Moreover, Turks themselves acknowledge minor incidents; self-defense; or because Ar- denial campaign. For example, in 1985 the that military and foreign service officials menians were Russian citizens, drafted into United Nations Subcommittee on Human have been reviewing the records for years to the Russian army, and were a part of the Al- Rights, after years of study, overwhelmingly remove whatever incriminating evidence lied war effort fighting Ottoman Turkey. As recognized the Armenian genocide as an in- may still exist and that the government is Ambassador Morgenthau reported as early as disputable historical fact, and in 1987 the Eu- using the archives strictly for public rela- July 1915, moreover, allegations of rebellion ropean Parliament conditioned Turkey’s ac- tions purposes. This year, the government, were only ‘‘a pretext’’ for ‘‘a campaign of ceptance to the European Community on in various ways, has announced that the ar- race extermination.’’ recognizing the Armenian genocide. chives on Armenian issues are open. Yet, Nevertheless, some people still claim that The following denial argument is par- they fail to publicize that the wrong archives the massive Armenian deaths resulted from ticular to deniers in the United States. They are open or the restrictions which prevent the legitimate quashing of a rebellion. This point out that in 1985 sixty-nine scholars any incriminating documents from coming ‘‘pretext’’ or ‘‘legitimate basis’’ denial argu- signed an advertisement questioning the ac- to light. For example, in January, they an- ment is probably the most dangerous. If it is curacy of a Congressional resolution com- nounced that the archives are open, but they accepted (regardless of its inaccuracy), it memorating the Armenian genocide and did not open the relevant World War I years. sanctions the murder of an entire nation therefore ‘‘there was no Armenian genocide’’ Recently, they announced that the Council based on the prodemocracy cries of only a or ‘‘the issue should be left to historians’’— of Ministers files were open for the war few groups. Civilization will not progress if a an argument from authorities so to speak. years, but they did not open the records of justification claim can be made in defense of Following the advertisement, we contacted the party apparatus or other agencies which genocide. Otherwise, the Nazis and every these sixty-nine people. We found that some actually controlled the genocidal operations. subsequent perpetrator would build the de- did not authorize use of their names on the (Scholars have found that the genocide was fense in as the crime was committed. During advertisement and some said they were mis- implemented through a two track system of the Armenian genocide, the government at- led about the text and apologized. Many ex- orders—one set ordering ‘‘deportations’’ and tempted exactly such a defense, and it was plicitly recognize the Armenian genocide as another set ordering the translation of ‘‘de- rejected as both inaccurate and immoral by a fact. But, most importantly, we found that port the Armenians’’ to ‘‘massacre the Ar- the international community as well as the only four of the sixty-nine actually focus menians.’’) Read these continual announce- succeeding Turkish government. There is no their work on the time span of 1915–1923. All ments on the opening of the archives care- reason why it should be accepted now. of these individuals are subsidized by the Re- fully; you will find that there is always a ca- A more slippery denial argument on the public of Turkey, and none has credibility on veat such as ‘‘all previously catalogued ar- ‘‘mutual killings’’ theme involves the the Armenian genocide issue. Thus, when chives are open’’ or that a researcher may amount of Turks and Moslems who also died deniers make claims like a majority of see only fifteen pages at a time and a govern- in the war. I call this argument slippery be- United States experts question the Armenian ment official has the right to screen the doc- cause its proponents slide between ‘‘Turk- genocide, they are simply not telling the uments first. The Turkish government con- ish’’ and ‘‘Moslem’’ deaths. For example, truth. Among those sociologists, attorneys, tinues to use the archives as a delaying tac- some point to ‘‘two million Turkish deaths historians, psychologists, anthropologists, tic. As Cumhuriyet a Turkish newspaper re- during the war’’ as a reason not to sym- attorneys, historians, psychologists, anthro- ported in January 1989: ‘‘Endless and empty pathize with Armenians. Yet this two mil- pologists, political scientists, and others who statements have been made over the years lion figure includes the 1.5 million Turkish- seriously study genocide, there is no ques- concerning the opening of the Ottoman ar- Armenians killed, the over 300,000 Turkish tion that the Armenians suffered a genocide, chives, and it is creating a disturbance army casualties, and the tens of thousands of by any definition. There is also no question among those who follow this topic closely. Turkish-Greeks and Arabs put to death at among the credible genocide scholars that For the last 8 years, every 6 months a state- the same time. failure to memorialize and condemn past ment is made regarding the opening of the Another strand of this argument points to genocides facilitates future genocides. Ottoman archives. That these don’t come ‘‘hundreds of thousands of Moslem deaths’’— Before leaving this ‘‘scholars’’ issue, how- true indicates that Turkey is pursuing a pol- again implying that the genocide was really ever, I would like to make clear that some of icy of distraction.’’ an Armenian-Turkish war. Yet in calcu- those people who signed the 1985 advertise- At this point, the Ottoman archives held lating the ‘‘Moslem’’ figures, these people ment and continue to question the Armenian by Turkey are worthless. This explains why

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25510 CONGRESSIONAL RECORD—HOUSE October 30, 2000 only Turcophiles and the uninitiated place massacres in Adana which killed 30,000 Ar- would like to talk about the difference any weight on them. It also explains why the menians. between the Democrat plan and the Re- archives’ administrators publicly complain Today, as I have noted, the Turkish gov- publican plan. that serious scholars have not come to re- ernment is engaged in an all out effort to view what has been released. deny the Armenian genocide. In addition to I would also point out, Madam The last denial argument I would like to its efforts in the United States, it is eradi- Speaker, that here in the House we touch on is a ‘‘character’’ argument—that is, cating the physical evidence of any Arme- passed by a bipartisan margin a pre- ‘‘Turks are hospitable, good people’’ and nian existence in Turkey. At the beginning scription drug package for seniors. good people would not do what the Arme- of this century Armenians had two thousand This was not an issue that just came nians allege happened under Ottoman reign. churches in Turkey. Now, under two hundred into place from 1995 on, so I guess a Let me say that the character of the Turkish are standing. As for the rest, the government question would be asked, why have the people is not at issue here. Turkish hospi- has: destroyed them; converted them to Democrats made this such a major tality is well known, and many Turks proved mosques, warehouses, cinemas, and other their sense of humanity during the genocide uses; or allowed them to be plundered and issue, when they had, prior to 1995, an by protecting individual Armenians. That destroyed. In Armenian schools, Armenians opportunity to solve this issue them- does not change what the government did to are forbidden to teach history and geog- selves when they were in the majority the Armenians from 1915 to 1923, the fact raphy, those subjects can only be taught by in the House and they had the presi- that the racist ideology of Pan-Turkism Turkish officials. As a final example, Turkey dency? (Turkey only for Turks) was and still is prev- strictly forbids open discussion of Armenian I think it is easy to criticize someone alent, or that the government continues to history or any other matters which do not else’s plan, but we offered a plan and it have a poor human rights record and se- comply with government policy. In March of verely discriminates against Armenians in this year, the Independent Magazine re- passed the House. So let us talk about Turkey today. ported that: the difference between the two plans. You should also know that the 1915–1923 ‘‘In early December 1986 Hilda Hulya The Democrat plan provides less Armenian genocide was not an isolated Potuoglu was arrested by the Turkish Secu- choice, because it would provide sen- event. From 1894 to 1896, Sultan Abdul rity Police and charged with ‘making propa- iors with a one-size-fits-all government Hamid openly and proudly ordered the mas- ganda with intent to destroy or weaken na- plan. The Republican bill, H.R. 4680, sacre of hundreds of thousands of Armenians, tional feelings.’ The prosecutor of the would give beneficiaries a choice be- ostensibly to send the Armenians a message Istanbul State Security deemed her offense about their place in Turkish society. Lord as meriting severe punishment and asked for tween at least two private sector drug Kinross gave the following example of the between a seven-and-a-half and a 15-year jail plans. It would allow beneficiaries to atrocities in this period: sentence. choose plans that best suit their needs. ‘‘[The Massacre’s] objective, based on the Potuoglu’s crime was to edit the Turkish Our plan is market-based, rather than convenient consideration that Armenians edition of the Encyclopedia Britannica. In relying on the government to run the were now tentatively starting to question this was included a footnote which read as plan. their inferior status, was the ruthless reduc- follows: ‘During the Crusades the moun- Now, why is this so important? Be- tion, with a view to elimination of the Arme- tainous regions of Cilicia were under the nian Christians, and the expropriation of hegemony of the Armenian Cilician king- cause we know that one of the over- their land for the Moslem Turks. Each oper- dom’ . . . whelming components of any plan that ation, between the bugle calls, followed a The Encyclopedia Britannica was not the we offer is that it should provide indi- similar pattern. First the Turkish troops first publication to offend. In 1981 the au- vidual choice for our seniors. Choice came into a town for the purpose of mas- thorities seized Ankara 50, a guidebook to must be the centerpiece, I believe, of sacre; then came the Kurdish irregulars and Ankara produced by the British Institute of whatever plan we adopt here in the tribesmen for the purpose of plunder. Finally Archaeology. The book, when published in House. came the holocaust, by fire and destruction, 1973, had been passed by the military censor. which spread, with the pursuit of the fugi- By 1981, however, times had changed. It was Now, how affordable are these plans? tives and mopping-up operations, throughout noticed that the book featured a map nam- Let us look at these two plans and see the lands and villages of the surrounding ing the Roman provinces of Asia Minor in- what they actually provide seniors. province. This murderous winter of 1895 thus cluding—with perfect historical accuracy— H.R. 4680, which was passed by the saw the decimation of much of the Armenian the province of Armenia. The guidebook House on June 28, the Republican plan, population and the devastation of their prop- quickly joined the index of forbidden books uses private insurance companies as erty in some twenty districts of eastern Tur- along with other such politically dubious the vehicle to begin prescription drug key. Often the massacres were timed for a publications The Times Atlas of World His- coverage for seniors over 65. Friday, when the Moslems were in their tory and the National Geographic Atlas of mosques . . . Cruelest and most ruinous of the World.’’ This plan provides taxpayer subsidies all were the massacres at Urfa, where the Ar- This is the type of action that the Turkish to encourage insurers to offer policies menian Christians numbered a third of the government and those in the United States with premiums estimated as low as $35 population . . . When the bugle blast ended who deny the Armenian genocide are pro- a month. Participation is voluntary. the day’s operations, some three thousand moting—the sacrifice of truth and integrity That is something else important. Sen- refugees poured into the cathedral, hoping on the altar of perceived political expedi- iors taking part can choose between at for sanctuary. But the next morning—a Sun- ence. This is why I am especially glad to least two plans. All plans start with a day—a fanatic mob swarmed into the church have had this time with you today, to pub- $250 deductible. It would establish the in an orgy of slaughter, rifling its shrines licly expose exactly what we are all up with cries of ‘Call upon Christ to prove Him- against in fighting denial of the Armenian Medicare Benefits Administration, a self a greater prophet than Mohammed.’ genocide. Thank you. new agency, to run this program. Vol- Then they amassed a large pile of straw mat- f ume buying that would be generated is ting, which they spread over the litter of expected to even lower the cost. The corpses and set alight with thirty cans of pe- REPUBLICAN PLAN PROVIDES legislation covers 100 percent of drug troleum. The woodwork of the gallery where SENIORS WITH ACCESS TO AF- and premium costs for couples with in- a crowd of women and children crouched, FORDABLE PRESCRIPTION comes up to $15,200 and singles with in- wailing with terror, caught fire, and all per- DRUGS come up to $11,300. For all participants ished in the flames. Punctiliously at three- thirty in the afternoon the bugle blew once The SPEAKER pro tempore. Under it covers at least half of drug costs up more, and the Moslem officials proceeded the Speaker’s announced policy of Jan- to $2,100 annually, and 100 percent, around the Armenian quarter to proclaim uary 19, 1999, the gentleman from Flor- Madam Speaker, of out-of-pocket costs that the massacres were over . . . the total ida (Mr. STEARNS) is recognized during over $6,000. casualties in the town, including those morning hour debates for 5 minutes. The bill is projected to cost just slaughtered in the cathedral, amounted to Mr. STEARNS. Madam Speaker, I under $40 billion over 5 years, and the eight thousand dead.’’ rise today to talk about prescription money has already been set aside in Similar accounts of massive Armenian massacres during this 1894–1896 period drugs. I think everybody in this House our budget just for this purpose. In abound. In 1909, for similar reasons, the gov- is committed to affordable prescription other words, my colleagues, it is al- ernment set another prelude to the 1915–1923 drugs for our seniors who are on the ready paid for. That is the Republican genocide. Then, it ordered and carried out Medicare program. But this morning I plan.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25511 Now let us look at the Democrat plan struction, but in fact we have a tradi- Elm Street, not a skyscraper on Wall that the House defeated here. Cur- tion in this country of the Federal Street. rently seniors pay a premium and re- Government helping school districts We should remember how Orange ceive reimbursement for a portion of build schools through the Tax Code. County, California, went bankrupt, their doctor and hospital costs through What we do is we provide that the in- when it decided to play the market Medicare. Under the Democrat’s plan, terest paid on school bonds is tax ex- with funds in the county treasury, and they would use the new government empt, and for this reason investors are we should not tell school districts that benefit to reduce the cost of pharma- willing to buy school bonds that pay our way of helping them is to encour- ceutical drugs. only 4 or 5 percent interest at a time age them to use school bond proceeds Now, what does this mean? The Dem- when they could be earning 7 or 8 per- to play the stock market. We should ocrat plan puts government in charge cent in taxable bonds. We subsidize the provide more to school districts than a of seniors’ prescription drug through interest cost to encourage school dis- free ticket to Las Vegas, and a chance the Health Care Financing Administra- tricts to issue bonds and build schools. to take the school bond proceeds and tion, HCFA. They run Medicare now. Building on that tradition, we Demo- bet them on the pass line or the do not The government would choose and con- crats have suggested that a new kind of pass line. trol a drug purchasing contractor for municipal bond or school bond be Where does the impetus for this phe- every region of the country; in other issued by school districts in which we, nomenally bad idea come from? It words, a new government one-size-fits- the Federal Government, would in ef- comes from my friends, the Tax Bond all program. fect pay the entire interest cost. We Council. This is key, because a recent survey would provide a tax credit to those who Now, I practiced tax law for a dozen of seniors with drug coverage found hold the bonds in lieu of them col- or more years, and it was a kind of bor- that, by a margin of 2 to 1, they pre- lecting any interest from the school ing job. But when I emerged from read- ferred private insurance coverage to districts. We would go from merely ing the regulations in the smallest government price controls. That being subsidizing the interest cost to actu- type I had but one solace; at least my said, the Democrats’ measure offers ally paying the interest costs on $25 job was not as boring as the sub- premiums that would range from $25 to billion worth of bonds over the next 2 specialist tax lawyers who worked with $35 month, but with no deductible. years. tax exempt school bonds. They need Medicare would reimburse half of drug The effect of this would be dramatic some excitement, but not a free trip to costs, up to $2,000 annually, and all for school districts. A school district Wall Street with the tax exempt bond costs above $4,000 per year. that would otherwise have to pay proceeds. However, the real question, my col- $100,000 a year in order to make pay- f leagues, our seniors are faced with, is ments on school bonds would instead MEETING HALFWAY ON THE who do they trust to run their prescrip- pay $66,000 a year on those same bonds, BUDGET tion drug program, the government or reducing its cost by roughly one-third, the private sector? Do they want to allowing it to build a new school for The SPEAKER pro tempore. Under make their own choices and control only two-thirds of what would other- the Speaker’s announced policy of Jan- how their money is spent, or do they wise be the cost. uary 19, 1999, the gentleman from Min- want a government-run plan that We Democrats have insisted, and the nesota (Mr. GUTKNECHT) is recognized leaves them without any say about President has insisted, that $25 billion during morning hour debates for 5 min- what works best for them? of these bonds be authorized over the utes. I believe the choice is clear, Madam next 2 years. Instead, this tax bill pro- Mr. GUTKNECHT. Madam Speaker, Speaker. We offer a plan here, the Re- vides only half of these very valuable last week my wife went out to lunch publicans, that is voluntary, universal, incentives and facilitators for school with some of her friends and she told affordable, with choice and security. construction. What the bill provides is them that Gil was still in Washington For those seniors who are happy with $15 billion over 3 years, less than half and that they were still negotiating what they have, they do not have to the $12.5 billion per year that we would the final details of the budget, and participate, but those that do can. like to see. they were surprised to learn that. In I believe we can and must work to- Moreover, the tax bill that left this fact, we now know that most Ameri- gether in a bipartisan manner to help House weasels on the Davis-Bacon lan- cans are somewhat surprised that Con- Medicare beneficiaries gain access to guage, so that school districts can pay gress is still in session. affordable prescription drugs. This bill substandard wages to build sub- The rumor started back in September offers coverage that is affordable, ac- standard schools in inadequate quan- that perhaps the President would hold cessible, and voluntary for our seniors. tities. the Congress hostage here in Wash- f But our Republican colleagues have ington, perhaps to gain some political done something else that we would not advantage, perhaps to force some kind USING THE TAX CODE TO BUILD do to supposedly help school districts. of a showdown and perhaps even a gov- SCHOOLS IN AMERICA What they have done is something that ernment shutdown. But, to the credit The SPEAKER pro tempore. Under will cost the Federal Government over of the leadership here in the Congress, the Speaker’s announced policy of Jan- $2 billion, but is actually worse than we have been pleasantly persistent, we uary 19, 1999, the gentleman from Cali- nothing for our school districts. They have been negotiating in good faith, fornia (Mr. SHERMAN) is recognized dur- have announced to school districts that and, as a result, we have many of the ing morning hour debates for 5 min- they should not use school bond pro- details worked out. Frankly, I think utes. ceeds to build schools for about 4 years; the ones that are remaining are more Mr. SHERMAN. Madam Speaker, that, rather, they will be allowed to about partisan politics than anything here we are, a week before the election. play the market with that money and else, and simply trying to embarrass The President is keeping Congress here keep the proceeds. the Congress. in Washington, and I think with good This will be tempting to school dis- As you can see by this chart, these reason. One of those reasons is the tax tricts who are told, look, you can bor- numbers are kind of small, but, frank- bill which we passed last week, a tax row money at only 5 percent interest, ly, in terms of what we have appro- bill which should not be signed by the lower than anybody else who is playing priated versus what the President re- President until it is made better, par- the market, and then you can play quested, the differences really at this ticularly on the issue of school con- Wall Street with that advantage. Is point do not seem to be very large. We struction. that the way we should help school dis- have appropriated more for national Now, I know it sounds odd to think in tricts build schools? I think not. We defense than the President originally terms of a tax bill helping school con- should be trying to build a school on requested and a little bit less in a few

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25512 CONGRESSIONAL RECORD—HOUSE October 30, 2000 other categories, and, as a budgeteer, I to make accommodations. We are will- done by giving them longer term con- have to say I am a little surprised we ing on spending and policy issues to tinuing resolutions. are actually spending more than we meet the President more than halfway. I voted against every one of them. I originally said in our original budget But sometimes he will not even accept felt they should have been held to a document. One of the things I thought ‘‘yes’’ for an answer. one day standard at the beginning, I was important was we ought to make Clearly, some people in this town are think they should be held to a one hour it clear that the Federal budget should putting partisan politics above the standard now. If Congress has to stay grow at a rate slower than the average needs of the American people. The real in session 24 hours a day to get the family budget. For the most part, that question comes down to this, and we work done, get it done. has been what has happened. have never gotten a clear answer from Now, they say, well, it is the Presi- But this year, of course, Washington the administration or from our friends dent’s fault. Well, gee, how can it be has a big budget surplus, and, guess on the left here in Congress: How much his fault, when you have not even sent what happens when Washington has a is enough? We are willing to spend, and two of the largest spending bills down- big budget surplus? People want to we believe that $1.9 trillion is more town yet? He has not seen them. The spend it. This is not a partisan issue ei- than enough to meet the legitimate Senate has not passed them. He has not ther. There are Republicans who want needs of the American people, the Fed- even had an opportunity to veto them, to spend the surplus, there are Demo- eral Government and those who depend if he is going to. crats who want to spend the surplus, upon it. We believe that $1.9 trillion is No, that is awfully strange creative and certainly the people down at the fiscally responsible. We are still spend- rhetoric. It reminds me a lot of teach- other end of Pennsylvania Avenue ing more than I would like to see ing a class, and the kids come in, and want to spend that surplus. spent. they knew all along there was a term So what has happened is the Congres- But the President continues to say, paper due, June 1. Well, excuse me sional leaders have said that at least 90 well, that is not quite enough. But he teacher, we just did not get it done. percent of that surplus ought to go to will not give us a number. We are more Well, gee, I am sorry, someone sick pay down debt, because all of us believe than willing to meet the President in the family, you sick, death in the there is something fundamentally im- more than halfway, but we are not family or something? moral for this generation to leave a willing to compromise America’s fu- No, we just did not get it done. We debt to the next generation. As a re- ture. We want to take at lease 90 per- would like another week. sult, we will have paid off $350 billion cent of that surplus to pay down the If the teacher gives them another in publicly held debt, in fact, we have publicly held debt. Most importantly, week, what are they going to say the right now, and by the end of next year that is what the American people want next week? that number could well exceed $500 bil- us to do. Hey, Teach, it was really nice; it was lion worth of debt held by the general We are more than willing to com- early June, the weather was great, we public that this Congress will have paid promise and meet with the President did not get it done. Give us another off. and work out some agreement that is week. That is good news. But the President in the best interests of the American You cannot do that, and that is fi- seems to be a moving target, because people. The real question is, is he? nally what the President is doing here. as soon as we agree to one thing, the f He is telling the Republicans, get your President says, oh, no, what I really work done, one day at a time. You are want is more money here. We really GETTING THE WORK DONE going to stay here until the work gets need to spend more money on this. The SPEAKER pro tempore. Under done. Now the issue of school construction the Speaker’s announced policy of Jan- It is inexcusable to be almost on the comes up. As you can see, in terms of uary 19, 1999, the gentleman from Or- first of November. I mean, if they want education we are spending about ex- egon (Mr. DEFAZIO) is recognized dur- to score their political points, they can actly as much money as the President ing morning hour debates for 5 min- send down defective bills that the requested. The problem is not how utes. president will veto, but they will not much are we going to spend on chil- Mr. DEFAZIO. Madam Speaker, even do that. They will not even allow dren, the question is who gets to do the today on the floor and last night I have him to veto the bills with the concerns spending? heard a lot of creative rhetoric and he has. They are just holding them Many of us feel very, very strongly whining from the Republican side of here. that if you are going to authorize more the aisle. They are whining that highly So if anybody is holding them hos- money to be available for school con- paid Members of Congress, themselves, tage, the Republican majority in Con- struction, that those decisions ought are here in Washington actually having gress is holding itself hostage and to be made by the people who know the to work, to be a bit inconvenienced, to whining about it. That is kind of pa- children’s names. We do not think it even work on a weekend. thetic. ought to be done by the Department of Well, why do they have to work? I heard some awfully interesting Education, because the record of the They say the president is guilty. Well, things about prescription drugs. Let us Department of Education is not good. in fact, the President is a little bit get one thing clear: The Republican For the third consecutive year, the guilty in this matter. He is guilty, as is plan that passed this House gives a Federal Department of Education has any lenient parent in dealing with subsidy to insurance companies in the failed its audit. In fact, last year we spoiled children. hope that they might, might, offer a are told by our own accounting office, The budget is due October 1. It is set prescription drug only benefit plan to the General Accounting Office, there is by law. We all know that. The budget seniors. However, the head of the about $100 million that the Department was due on October 1. Were the appro- Health Insurance Industry Association of Education cannot account for. Now, priation bills done on October 1? Heck has already said they are not inter- we do not think it is a good idea to no. And what did Congress do right ested in that. They cannot make turn even more authority over spend- around October 1? It went home for a 5 enough money on something like that, ing school bond money to the Federal day weekend, and then it went home and, if they did, besides that, the drugs Department of Education. We feel pret- the next week for a 5 day weekend, and would be really expensive. ty strongly about that. then the next week. So the Republican plan not only pro- We also feel pretty strongly that it How did they get away with that? vides subsidies to the insurance indus- would be a huge mistake to grant blan- Well, the president, as I said, being, un- try, it provides subsidies to the phar- ket amnesty to millions of illegal fortunately, a little too lenient with maceutical companies. This is a great aliens. Now, we are willing to allow the other side of the aisle, allowed plan. But, guess what? If does not put families to be reunited, we are willing them to go home with their work un- any cap or set any conditions on the

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25513 premiums that might be offered to sen- net and various other American inven- that Congress laid on the administra- iors if plans were offered under their tions, he invented four Army divisions. tion, it was not measured against what grand plan. He stated that when he came in as vice the Senate or the House felt we needed It is a way to shovel more billions president, the Army had gone down, in ammunition, it was measured into the insurance industry and more but that he increased the number of di- against what the administration itself billions into the obscenely profitable visions. analyzed that we needed to be able to pharmaceutical industry at the ex- Well, in fact in January of 1993, when fight the so-called two regional contin- pense of America’s seniors, while pre- Vice President GORE took office, there gency conflict. That is the kind of con- tending to address a real concern of were 14 divisions in the United States flict where we might get involved in a America’s seniors. Army. A division is a big group. It is a Desert Storm operation against Sad- That is outrageous. We take a pro- large number of people, a lot of equip- dam Hussein, or we might have a gram that is successful, which the Re- ment, in some cases upward of 20,000 Kosovo operation, and, at the same publicans opposed, Medicare, and add personnel. time, the North Koreans, for example, an optional, optional, prescription drug Today, after the Clinton-Gore admin- might take advantage of that and try benefit. And then, God forbid, they do istration has run down national secu- to come south on the peninsula, so not like this part at all, we use the rity, I might say, for 6 years, there are American forces might have to deploy market power of Medicare, with 33 mil- only 10 divisions in the United States to two different areas of the world. We lion seniors in it, to bargain down the Army. So when Vice President GORE feel that to be safe and to give our price of drugs. We use the market. The came into office, there were 14 divi- service people the best chance of re- Democrats use the market. sions. He claims he increased the num- turning alive, we need to have the That is not price controls. The VA is ber of divisions, but today it is down to equipment, the ammunition and the doing that take today. Blue Cross-Blue 10 divisions. So somewhere along the capability of handling those two con- Shield is using that today. They use line the vice president has invented flicts at about the same time, because their market clout. They drive down four Army divisions, which is not an it could happen. Well, that $3 billion the cost of prescription drugs by say- insignificant thing. ammunition shortage that General Now, if you look across the array of ing, hey, we have millions of people in Shinseki spoke about is with respect to military equipment shortages and am- our plan. We want a discount. the two MRC contingency. munition shortages, a number of things But they are saying we should not do So let us rebuild national defense. jump out at you. One thing we need to that. In fact, they are saying we should Madam Speaker, I think help is on the know is that since the vice president give subsidies to the pharmaceutical way. and President Clinton took over in companies. God forbid we should bring f 1992, we have cut the military almost down the prices in this country. in half. We have gone down, as I said, PROVIDING HEALTH CARE The prices on pharmaceuticals are from 14 Army divisions January 1, 1993, ASSISTANCE more expensive in the United States to only 10 today, so we have cut the The SPEAKER pro tempore. Under than any other country on Earth. That Army by a good 30–35 percent. We have the Speaker’s announced policy of Jan- is why Americans go across the border cut the Navy from 546 warships to only uary 19, 1999, the gentleman from to Canada to buy American manufac- 316 warships, so we have cut the Navy Texas (Mr. GREEN) is recognized during tured drugs for half the price, why they in numbers by about 40 percent. We morning hour debates for 5 minutes. go across the border to Mexico to buy have cut our fighter air wings from 24 Mr. GREEN of Texas. Madam Speak- American manufacturered drugs for fighter air wings to only 13 fighter air er, let me follow my colleague. It is in- half the price. wings. So we have cut air power almost teresting though if our armed services What do they want to do? They want in half under this administration. are in such bad shape, they have re- to give a subsidy to the pharmaceutical Now, the interesting aspect of that, ceived more funding every year, and it industry and a subsidy to the insurance and I think the real tragedy of this has passed overwhelmingly. In fact, we industry. That solution is outrageous. slashing of national defense, is this: have a lot of appropriations bills that f Usually when you cut an organization, have not been sent to the President NATIONAL SECURITY AT A LOW whether it is a sports organization or a yet, but the Department of Defense was EBB business organization, when you de- the first one and has had the big plus- crease it, when you cut it back in size, up every year compared to other Fed- The SPEAKER pro tempore. Under Americans presume that the core that eral agencies. the Speaker’s announced policy of Jan- is left after you have made these cuts Madam Speaker, after sitting here uary 19, 1999, the gentleman from Cali- is going to be well-trained, well- and listening to my colleagues this fornia (Mr. HUNTER) is recognized dur- equipped and ready to go. The sad facts morning talk about it, I heard that the ing morning hour debates for 5 min- are that the small military that is left Department of Education could not be utes. after Vice President GORE and Presi- audited. Well, when is the last time the Mr. HUNTER. Madam Speaker. In dent Clinton have taken the action to Department of Defense was audited answering my colleague with respect to it, the small military that is left, this successfully? getting out of town, I think a lot of us, half a military that is left, is not as Madam Speaker, I think that is a Democrat and Republican, have come ready as the big military that we had good topic for debate, but this House to the conclusion that the president that won Desert Storm in the early and this Senate and the President will not take ‘‘yes’’ for an answer until 1990s. signed the Department of Defense ap- it is politically expedient to do so. You Let me give you some examples. propriations bill, the first one, and it is can make an agreement in 5 minutes or They are tragic examples. A few weeks there, and it passed overwhelmingly on 5 days or 5 months, and we obviously ago we had the Chief of Staff of the both sides. So I do not think the United have great resistance at the White Army, General Shinseki, testifying to States is going to hell in a handbasket House right now. us. He had to report to us that the on the Department of Defense, because Madam Speaker, let me talk about Army is $3 billion short of critical we make sure we try to provide that an aspect of this administration which ammo supplies. Ammunition. Now, you funding. needs addressing in a very short period may not agree with the B–2 bomber, Here we are October 30, and Congress of time after the new President takes you may not agree with the F–22 fight- is still in session, and we have heard office. Today, national security is at a er. Every American feels that it is good my colleagues blame the President or low ebb. I reflect back on Vice Presi- for our troops to have ammunition, be- blame different folks, Republicans. But dent GORE’s new invention that he cause they may need it. it is interesting, because next Tuesday came up with in the last debate, in This $3 billion shortage was not the voters all over the country will go which, along with inventing the Inter- measured against any requirement to the polls and make some decisions.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25514 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Now, they will look at lots of issues, lower their prices by bulk purchasing, freshness and a renewed energy as we but one of the ones I wanted to talk but they have also price controls. So face the tasks here set before us today. about this morning, one of the most we found out that people can drive May our minds be bathed in the light major issues, is providing prescription from Houston to Mexico and save half, of Your spirit and our hearts be set free drugs for our senior citizens under at least, on their prescription drugs. to discern clearly the ways of justice Medicare. These are studies conducted not by my and integrity. Prescription drugs have always been office, but by the minority office of the Bring to this Nation a true sense of a problem, not just for seniors, but for Committee on Government Reform. So, purpose as it interprets the signs of the everyone. When those of us go buy again, seniors could save half. times and seeks to be an instrument of pharmaceuticals for ourselves or our The last thing we did this last spring peace in the world. children, we realize how high the cost is we picked out certain pharma- God of all grace, guide us now and is. But it seems like in the last 3 years, ceuticals that are also used for ani- forever. Amen. it has gone up dramatically. mals. I remember very well in East End f I know senior citizens do not always Houston at the magnolia Multipurpose have the choices we have. Sometimes, Center, we had a good crowd of seniors THE JOURNAL if we are working, we can earn more there, and we had a young lady, I guess The SPEAKER pro tempore. The overtime, we can cut some other areas, in her early 20’s, and she had a beau- Chair has examined the Journal of the we can actually increase our income. tiful German shepherd. last day’s proceedings and announces But seniors do not have that option. She had that dog, and we started list- to the House his approval thereof. Seniors do not have that option, if they ing pharmaceuticals that my seniors in Pursuant to clause 1, rule I, the Jour- are required to take so many prescrip- Houston take, like seniors all over the nal stands approved. tions and they just cannot go out and country, and animals take. Well, it just Mr. MCNULTY. Mr. Speaker, pursu- work more overtime. so happened this dog, this German ant to clause 1, rule I, I demand a vote I was worried earlier this year, and I shepherd, also had asthma, and so did on agreeing to the Speaker pro am glad the House passed it, that be- one of my seniors. She talked about tempore’s approval of the Journal. tween 65 and 70, I was cosponsor of the how it was tough. The SPEAKER pro tempore. The bill, let seniors work for those years. I I looked at that dog and I thought it question is on the Chair’s approval of was worried that was only going to be was a purebred German shepherd, the Journal. our effort this session, let seniors be Madam Speaker, but it turned out she The question was taken; and the able to go out and work and pay for got it real cheap at the SPCA, and it Speaker pro tempore announced that their prescription drugs that are not was a beautiful animal. the ayes appeared to have it. covered under Medicare. But this senior citizen came up and Mr. MCNULTY. Mr. Speaker, I object I know this is my fourth term and in said, I know this dog has asthma, and to the vote on the ground that a 1993, 1994 and 1995 at our town hall this is what I pay for my asthma medi- quorum is not present and make the meetings and community meetings, we cine, and it was outrageous. Again, it point of order that a quorum is not have dozens every year, we would have was more than double for seniors as present. one or two people come up and talk compared to what we do for our own The SPEAKER pro tempore. Evi- about prescription drugs. But in the animals. dently a quorum is not present. last 2 or 3 years, it seems like I cannot That is why it was frustrating that The Sergeant at Arms will notify ab- have a town hall meeting or commu- this House has not addressed it, except sent Members. nity meeting without either a senior for one bill that passed earlier. We The vote was taken by electronic de- citizen or someone my age saying, my compare the House plan and the Demo- vice, and there were—yeas 298, nays 47, parents cannot afford it, or even some- cratic plan and Governor Bush’s plan not voting 87, as follows: one my children’s age saying, my and the House plan, and it just looks [Roll No. 577] grandparents cannot afford their pre- like it is giving more money to insur- scription drugs. ance companies who, under our current YEAS—298 So, you know, in the early nineties HMO system are not even covering sen- Andrews Buyer Doolittle you would only hear one or two, but in Archer Callahan Doyle iors. Armey Calvert Dreier the last 2 or 3 years, because it seems Madam Speaker, I know next Tues- Baca Camp Duncan like the cost of escalation has been so day a lot of people, no matter what Bachus Canady Dunn much, and it hits seniors so much more Baker Cannon Ehlers their age, will go to the polls. I know Baldacci Capps Ehrlich than it does anyone else. prescription drugs are important, and I Baldwin Carson Emerson We asked 2 years ago, and our Com- hope they look at the Democratic plan. Ballenger Castle Engel mittee on Government Reform staff, Barcia Chabot Eshoo f the minority staff, actually conducted Barrett (NE) Chambliss Etheridge RECESS Barrett (WI) Chenoweth-Hage Evans studies around the country for a lot of Bartlett Clayton Ewing members of Congress. One of them they The SPEAKER pro tempore. Pursu- Bass Clement Farr did in my own district in Houston, and ant to clause 12 of rule I, the Chair de- Bentsen Coble Fletcher we did three of them starting about 2 Bereuter Coburn Foley clares the House in recess until 10 a.m. Berkley Collins Fossella years ago. Accordingly (at 9 o’clock and 45 min- Berman Combest Frelinghuysen One, we compared prices for large utes a.m.), the House stood in recess Berry Cook Frost purchasers, for example, whether it is Biggert Coyne Gallegly until 10 a.m. Bilirakis Cramer Ganske Blue Cross-Blue Shield or the Veterans, f Bishop Cubin Gekas what can they do if the average citizen Blagojevich Cummings Gibbons goes down compared to what the larger AFTER RECESS Bliley Cunningham Gilchrest purchaser can do. We found out the Blumenauer Davis (FL) Gillmor The recess having expired, the House Blunt Davis (VA) Gilman large purchasers actually save about was called to order by the Speaker pro Boehlert Deal Gonzalez half of what my seniors going to their tempore (Mr. PEASE) at 10 a.m. Boehner DeGette Goode Bonilla DeLauro Goodlatte local drugstore would pay as compared f if they could get it through some large Bonior DeLay Goodling PRAYER Bono DeMint Gordon purchaser. Boswell Deutsch Goss We also, because I am in Houston, The Chaplain, the Reverend Daniel P. Boyd Diaz-Balart Graham Brady (TX) Dicks Granger Texas, and it is a 61⁄2 hour drive to Mex- Coughlin, offered the following prayer: Brown (OH) Dixon Green (TX) ico, what it would be for seniors who At the beginning of a new work week, Bryant Doggett Green (WI) can drive to Mexico, who can both Lord God, be with us. Fill us with a Burr Dooley Greenwood

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25515 Gutknecht McCarthy (NY) Salmon Hulshof Martinez Scarborough pliers furnishing items and services Hall (OH) McCrery Sanders Jefferson McCollum Shaw Hall (TX) McHugh Sandlin Johnson, E.B. McInnis Shays under the plan in the State. Hansen McKeon Sanford Johnson, Sam McIntosh Shuster f Hastings (WA) McKinney Sawyer Jones (OH) McIntyre Snyder Hayes McNulty Saxton Kanjorski Meehan Spratt GENERAL LEAVE Hayworth Meeks (NY) Schakowsky Kaptur Meek (FL) Stabenow Herger Mica Scott Kasich Menendez Stark Mr. YOUNG of Florida. Mr. Speaker, Hill (IN) Millender- Sensenbrenner Kilpatrick Metcalf Talent I ask unanimous consent that all Mem- Hill (MT) McDonald Serrano King (NY) Morella Thompson (MS) bers may have 5 legislative days within Hilleary Miller (FL) Sessions Klink Neal Visclosky which to revise and extend their re- Hinojosa Miller, Gary Shadegg Kolbe Oxley Waters Hobson Minge Sherman LaFalce Pascrell Watkins marks on H.J. Res. 120. Hoeffel Mink Sherwood Lantos Pickering Watts (OK) The SPEAKER pro tempore. Is there Hoekstra Moakley Shimkus Lazio Pickett Weygand objection to the request of the gen- Holden Mollohan Shows Lipinski Porter Wise Horn Moore Simpson Maloney (NY) Riley Young (AK) tleman from Florida? Hostettler Moran (VA) Sisisky There was no objection. b 1021 Houghton Murtha Skeen f Hoyer Myrick Skelton Mrs. CUBIN changed her vote from Hunter Nadler Smith (MI) MAKING FURTHER CONTINUING ‘‘nay’’ to ‘‘yea.’’ Hutchinson Napolitano Smith (NJ) APPROPRIATIONS FOR FISCAL Hyde Nethercutt Smith (TX) So the Journal was approved. YEAR 2001 Inslee Ney Smith (WA) The result of the vote was announced Isakson Northup Souder Mr. YOUNG of Florida. Mr. Speaker, Istook Norwood Spence as above recorded. Jackson (IL) Nussle Stearns Stated for: pursuant to the provisions of House Jackson-Lee Ortiz Stump Mr. GILMAN. Mr. Speaker, I was un- Resolution 646, I call up the joint reso- (TX) Ose Sununu lution (H.J. Res. 120) making further Jenkins Owens Tancredo avoidably delayed due to the late ar- John Packard Tanner rival of the airplane I was traveling on continuing appropriations for the fiscal Johnson (CT) Pastor Tauscher from New York because of poor weath- year 2001, and for other purposes, and Jones (NC) Paul Tauzin er conditions. Accordingly, I was un- ask for its immediate consideration in Kelly Payne Taylor (NC) the House. Kennedy Pease Terry able to vote on rollcall No. 574, a Jour- Kildee Pelosi Thomas nal vote. Had I been present, I would The Clerk read the title of the resolu- Kind (WI) Peterson (PA) Thornberry have voted ‘‘yea.’’ tion. Kingston Petri Thune The text of House Joint Resolution Kleczka Pitts Thurman f Knollenberg Pombo Tiahrt 120 is as follows: Kuykendall Pomeroy Tierney PLEDGE OF ALLEGIANCE H.J. RES. 120 LaHood Portman Toomey The SPEAKER pro tempore (Mr. Resolved by the Senate and House of Rep- Lampson Price (NC) Towns Largent Pryce (OH) Traficant PEASE). Will the gentleman from North resentatives of the United States of America in Larson Quinn Turner Carolina (Mr. WATT) come forward and Congress assembled, That Public Law 106–275, LaTourette Radanovich Upton lead the House in the Pledge of Alle- is further amended by striking the date spec- Leach Rahall Vitter giance. ified in section 106(c) and inserting ‘‘October Lee Rangel Walden 31, 2000’’. Levin Regula Walsh Mr. WATT of North Carolina led the Lewis (CA) Reyes Wamp Pledge of Allegiance as follows: The SPEAKER pro tempore. Pursu- Lewis (GA) Reynolds Watt (NC) I pledge allegiance to the Flag of the ant to House Resolution 646, the gen- Lewis (KY) Rivers Waxman tleman from Florida (Mr. YOUNG) and Linder Rodriguez Weiner United States of America, and to the Repub- Lofgren Roemer Weldon (FL) lic for which it stands, one nation under God, the gentleman from Wisconsin (Mr. Lowey Rogers Weldon (PA) indivisible, with liberty and justice for all. OBEY) each will control 30 minutes. Lucas (KY) Rohrabacher Wexler f The Chair recognizes the gentleman Lucas (OK) Ros-Lehtinen Whitfield from Florida (Mr. YOUNG). Luther Roukema Wicker ANNOUNCEMENT OF INTENTION TO Maloney (CT) Roybal-Allard Wilson Mr. YOUNG of Florida. Mr. Speaker, Manzullo Royce Wolf OFFER MOTION TO INSTRUCT I yield myself such time as I may con- Mascara Rush Woolsey CONFEREES ON H.R. 4577, DE- sume. Matsui Ryan (WI) Wynn PARTMENTS OF LABOR, HEALTH McCarthy (MO) Ryun (KS) Young (FL) Mr. Speaker, this is another of the 1- AND HUMAN SERVICES, EDU- day CR’s. I do not think it requires a NAYS—47 CATION AND RELATED AGENCIES lot of debate. So I would like to use a APPROPRIATIONS ACT, 2001 Aderholt Latham Sabo couple of minutes just to compliment Baird LoBiondo Sanchez Mr. BENTSEN. Mr. Speaker, pursu- my friend and colleague, the gen- Bilbray Markey Schaffer ant to clause 7(c) of House rule XXII, I tleman from Wisconsin (Mr. OBEY). He Borski McDermott Slaughter Capuano McGovern Stenholm hereby notify the House of my inten- looks wide awake this morning despite Clyburn Miller, George Strickland tion tomorrow to offer the following the fact that we had a long night last Condit Moran (KS) Stupak motion to instruct House conferees on night. But at about 1 o’clock this Costello Oberstar Sweeney DeFazio Obey H.R. 4577, a bill making appropriations morning, I think the gentleman from Taylor (MS) English Olver for fiscal year 2001 for the Departments Wisconsin (Mr. OBEY) and I both felt Thompson (CA) Filner Pallone Udall (CO) of Labor, Health and Human Services that we had made some accomplish- Ford Peterson (MN) and Education. ments in reaching the end on the issue Gejdenson Phelps Udall (NM) Holt Ramstad Vela´ zquez I move that the managers on the part of the last appropriations bill that is Hooley Rogan Weller of the House at the conference on the out there. Kucinich Rothman Wu disagreeing votes of the two Houses on Other than that, Mr. Speaker, there NOT VOTING—87 the Senate amendment to the bill, H.R. is nothing much more to say on this 4577, be instructed, in resolving the dif- issue. We all know what the issue is. Abercrombie Clay Everett Ackerman Conyers Fattah ferences between the two Houses on the But the good news is that we are really Allen Cooksey Forbes funding level for program management at the end on the final appropriations Barr Cox Fowler in carrying out titles XI, XVIII, XIX, bill. Barton Crane Frank (MA) Becerra Crowley Franks (NJ) and XXI of the Social Security Act, to Mr. Speaker, I reserve the balance of Boucher Danner Gephardt choose a level that reflects a require- my time. Brady (PA) Davis (IL) Gutierrez ment that State plans for medical as- Mr. OBEY. Mr. Speaker, I yield my- Brown (FL) Delahunt Hastings (FL) sistance under such title XIX provide self such time as I may consume. Burton Dickey Hefley Campbell Dingell Hilliard for adequate reimbursement of physi- Mr. Speaker, I would like to say good Cardin Edwards Hinchey cians, providers of services, and sup- morning to my friend, the gentleman

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from Florida (Mr. YOUNG). We have Ehlers Latham Ros-Lehtinen Boucher Hefley Morella Ehrlich LaTourette Rothman Brady (PA) Hilliard Neal been seeing a lot more of each other Emerson Leach Roukema Brown (FL) Hulshof Oxley than we would both like. But I think Engel Lee Royce Burton Johnson, E.B. Pascrell last night it is safe to say that there English Levin Ryan (WI) Campbell Jones (OH) Payne was a significant amount of progress. Eshoo Lewis (CA) Ryun (KS) Cardin Kanjorski Pickering Etheridge Lewis (GA) Sabo Chambliss Kaptur Pickett Frankly, there are a couple of items Evans Lewis (KY) Salmon Clay Kasich Porter in what was agreed to that I regard as Ewing Linder Sanchez Conyers Kilpatrick Riley a breach of faith on the part of the Farr LoBiondo Sanders Cooksey King (NY) Roybal-Allard House. But I am not going to get into Filner Lofgren Sandlin Crane Klink Rush Fletcher Lowey Sanford Crowley Kolbe Shaw that right now. Foley Lucas (KY) Sawyer Danner LaFalce Shays Basically, the gentleman is right, we Fossella Lucas (OK) Saxton Davis (IL) Lantos Shuster made significant progress in dealing Frelinghuysen Luther Scarborough Delahunt Lazio Snyder Frost Maloney (CT) Schaffer Dickey Lipinski Spratt with the core Labor H bill. There are Gallegly Manzullo Schakowsky Duncan Maloney (NY) Stark still a lot of ways that things could go Ganske Markey Scott Everett Martinez Stearns wrong, but I hope that they do not. Gejdenson Mascara Sensenbrenner Fattah McCollum Talent I simply urge passage of the resolu- Gekas Matsui Serrano Forbes McInnis Thompson (MS) Gephardt McCarthy (MO) Sessions Fowler McIntosh Visclosky tion. Gibbons McCarthy (NY) Shadegg Frank (MA) McIntyre Watkins Mr. Speaker, I yield back the balance Gilchrest McCrery Sherman Franks (NJ) McKinney Watts (OK) Gillmor McDermott Sherwood Greenwood Meehan Waxman of my time. Gilman McGovern Gutierrez Meek (FL) Weygand Mr. YOUNG of Florida. Mr. Speaker, Shimkus Gonzalez McHugh Shows Hastings (FL) Metcalf Wise I yield back the balance of my time. Goode McKeon Simpson 1045 The SPEAKER pro tempore. All time Goodlatte McNulty Sisisky b Goodling Meeks (NY) for debate has expired. Skeen Mr. DOOLEY of California changed Gordon Menendez Skelton Goss Mica his vote from ‘‘nay’’ to ‘‘yea.’’ The joint resolution is considered as Slaughter Graham Millender- having been read for amendment. Smith (MI) So the joint resolution was passed. Granger McDonald Smith (NJ) The result of the vote was announced Pursuant to House Resolution 646, Green (TX) Miller (FL) Smith (TX) the previous question is ordered. Green (WI) Miller, Gary as above recorded. Smith (WA) Gutknecht Minge The question is on the engrossment Souder A motion to reconsider was laid on Hall (OH) Mink Spence the table. and third reading of the joint resolu- Hall (TX) Moakley Stabenow tion. Hansen Mollohan Stated for: Stenholm Hastings (WA) Moore Mr. STEARNS. Mr. Speaker, on rollcall No. The joint resolution was ordered to Strickland be engrossed and read a third time, and Hayes Moran (KS) 578, I was not able to vote. Had I been Hayworth Moran (VA) Stump was read the third time. Herger Murtha Sununu present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Hill (IN) Myrick Sweeney Tancredo f question is on the passage of the joint Hill (MT) Nadler Hilleary Napolitano Tanner HOUR OF MEETING ON TUESDAY, resolution. Tauscher Hinchey Nethercutt OCTOBER 31, 2000 The question was taken; and the Hinojosa Ney Tauzin Speaker pro tempore announced that Hobson Northup Taylor (MS) Mr. LINDER. Mr. Speaker, I move Taylor (NC) the ayes appeared to have it. Hoeffel Norwood that when the House adjourns today, it Hoekstra Nussle Terry Mr. OBEY. Mr. Speaker, I object to Holden Oberstar Thomas adjourn to meet at 6 p.m. tomorrow. the vote on the ground that a quorum Holt Obey Thompson (CA) The SPEAKER pro tempore (Mr. Thornberry is not present and make the point of Hooley Olver PEASE). The motion of the gentleman Horn Ortiz Thune order that a quorum is not present. Hostettler Ose Thurman from Georgia (Mr. LINDER) is privileged The SPEAKER pro tempore. Evi- Houghton Owens Tiahrt and is not debatable. Tierney dently a quorum is not present. Hoyer Packard PARLIAMENTARY INQUIRY Toomey The Sergeant at Arms will notify ab- Hunter Pallone Hutchinson Pastor Towns Mr. ROEMER. Mr. Speaker, par- sent Members. Hyde Paul Traficant liamentary inquiry. The vote was taken by electronic de- Inslee Pease Turner The SPEAKER pro tempore. The gen- vice, and there were—yeas 339, nays 9, Isakson Pelosi Udall (CO) Istook Peterson (MN) Udall (NM) tleman from Indiana will state his par- not voting 84, as follows: Jackson (IL) Peterson (PA) Upton liamentary inquiry. [Roll No. 578] Jackson-Lee Petri Vela´ zquez Mr. ROEMER. Mr. Speaker, would (TX) Pitts Vitter the effect of moving the time for us to YEAS—339 Jefferson Pombo Walden Aderholt Boehner Collins Jenkins Pomeroy Walsh do business tomorrow from 10:00 in the Andrews Bonilla Combest John Portman Wamp morning until 6:00 at night in effect Archer Bonior Condit Johnson (CT) Price (NC) Waters have Members then not be able to be at Armey Bono Cook Johnson, Sam Pryce (OH) Watt (NC) Baca Borski Cox Jones (NC) Quinn Weiner home in their districts either working Bachus Boswell Coyne Kelly Radanovich Weldon (FL) or with their families tomorrow night Baker Boyd Cramer Kennedy Rahall Weldon (PA) for Halloween? Is that the effect of this Baldacci Brady (TX) Cubin Kildee Ramstad Weller vote? Baldwin Brown (OH) Cummings Kind (WI) Rangel Wexler Ballenger Bryant Cunningham Kingston Regula Whitfield The SPEAKER pro tempore. The Barcia Burr Davis (FL) Kleczka Reyes Wicker question that the gentleman has posed Barrett (NE) Buyer Davis (VA) Knollenberg Reynolds Wilson is not a proper parliamentary inquiry. Barrett (WI) Callahan Deal Kucinich Rivers Wolf Bartlett Calvert DeGette Kuykendall Rodriguez Woolsey Mr. ROEMER. That is the effect of Bass Camp DeLauro LaHood Roemer Wu this vote, Mr. Speaker. Bentsen Canady DeLay Lampson Rogan Wynn The SPEAKER pro tempore. The Bereuter Cannon DeMint Largent Rogers Young (AK) question is on the motion offered by Berkley Capps Deutsch Larson Rohrabacher Young (FL) Berry Capuano Diaz-Balart the gentleman from Georgia (Mr. LIN- Biggert Carson Dicks NAYS—9 DER). Bilbray Castle Dixon Baird DeFazio Miller, George The question was taken; and the Bilirakis Chabot Doggett Barton Dingell Phelps Bishop Chenoweth-Hage Dooley Speaker pro tempore announced that Costello Ford Stupak Blagojevich Clayton Doolittle the noes appeared to have it. Bliley Clement Doyle RECORDED VOTE Blumenauer Clyburn Dreier NOT VOTING—84 Blunt Coble Dunn Abercrombie Allen Becerra Mr. LINDER. Mr. Speaker, I demand Boehlert Coburn Edwards Ackerman Barr Berman a recorded vote.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25517 A recorded vote was ordered. Hall (OH) McNulty Sabo The Clerk read the resolution, as fol- Hall (TX) Meeks (NY) Sanchez lows: The vote was taken by electronic de- Hill (IN) Menendez Sanders vice, and there were—ayes 199, noes 159, Hinchey Millender- Sandlin H. RES. 662 not voting 75, as follows: Hinojosa McDonald Sawyer Resolved, That upon the adoption of this Holden Miller, George Schakowsky [Roll No. 579] resolution it shall be in order without inter- Holt Minge Scott vention of any point of order to consider in Hooley Mink AYES—199 Serrano the House the joint resolution (H.J. Res. 121) Hoyer Moakley Sherman Aderholt Goodlatte Peterson (PA) making further continuing appropriations Inslee Mollohan Shows Archer Goodling Petri for the fiscal year 2001, and for other pur- Jackson (IL) Moore Sisisky Armey Goss Pitts Jackson-Lee Moran (VA) Smith (WA) poses. The joint resolution shall be consid- Bachus Graham Pombo (TX) Nadler Stenholm ered as read for amendment. The previous Baker Granger Porter Jefferson Napolitano Strickland question shall be considered as ordered on Ballenger Green (TX) Portman John Oberstar Stupak the joint resolution to final passage without Barrett (NE) Green (WI) Pryce (OH) Kennedy Obey Tanner intervening motion except: (1) one hour of Barrett (WI) Greenwood Kildee Olver Quinn Tauscher Bartlett Gutknecht Kind (WI) Ortiz debate equally divided and controlled by the Radanovich Taylor (MS) Barton Hansen Ramstad Kleczka Owens chairman and ranking minority member of Bass Hastert Thompson (CA) Regula Kucinich Pallone the Committee on Appropriations; and (2) Bereuter Hastings (WA) Thurman Reynolds Lampson Pastor one motion to recommit. Biggert Hayes Tierney Rogan Larson Payne SEC. 2. Upon the adoption of this resolution Bilbray Hayworth Lee Pelosi Towns it shall be in order without intervention of Rogers Turner Bilirakis Herger Levin Peterson (MN) any point of order to consider in the House Bliley Hill (MT) Rohrabacher Udall (CO) Ros-Lehtinen Lewis (GA) Phelps the joint resolution (H.J. Res. 122) making Blunt Hilleary Lofgren Pomeroy Udall (NM) Boehlert Hobson Roukema Vela´ zquez further continuing appropriations for fiscal Royce Lowey Price (NC) Boehner Hoeffel Lucas (KY) Rahall Waters year 2001, and for other purposes. The joint Ryan (WI) Bonilla Hoekstra Luther Rangel Watt (NC) resolution shall be considered as read for Ryun (KS) Bono Horn Maloney (CT) Reyes Waxman amendment. The previous question shall be Salmon Brady (TX) Hostettler Markey Rivers Weiner considered as ordered on the joint resolution Sanford Bryant Houghton Matsui Rodriguez Wexler Saxton to final passage without intervening motion Burr Hunter McCarthy (NY) Roemer Wilson except: (1) one hour of debate equally divided Buyer Hutchinson Scarborough McDermott Rothman Woolsey and controlled by the chairman and ranking Callahan Hyde Schaffer McGovern Roybal-Allard Wu Calvert Isakson Sensenbrenner McKinney Rush Wynn minority member of the Committee on Ap- Camp Istook Sessions propriations; and (2) one motion to recom- Canady Jenkins Shadegg NOT VOTING—75 mit. Cannon Johnson (CT) Sherwood Abercrombie Franks (NJ) Meehan SEC. 3. Upon the adoption of this resolution Castle Johnson, Sam Shimkus Ackerman Gutierrez Meek (FL) it shall be in order without intervention of Chabot Jones (NC) Simpson Allen Hastings (FL) Metcalf any point of order to consider in the House Chambliss Kelly Skeen Barr Hefley Morella the joint resolution (H.J. Res. 123) making Chenoweth-Hage Kingston Skelton Boucher Hilliard Neal further continuing appropriations for the fis- Coble Knollenberg Smith (MI) Brady (PA) Hulshof Oxley Coburn Kuykendall Smith (NJ) cal year 2001, and for other purposes. The Brown (FL) Johnson, E.B. Pascrell joint resolution shall be considered as read Collins LaHood Smith (TX) Burton Jones (OH) Pickering Combest Largent Souder Campbell Kanjorski Pickett for amendment. The previous question shall Cook Latham Spence Cardin Kaptur Riley be considered as ordered on the joint resolu- Cox LaTourette Stabenow Clay Kasich Shaw tion to final passage without intervening Cubin Leach Stump Conyers Kilpatrick Shays motion except: (1) one hour of debate equally Cunningham Lewis (CA) Sununu Cooksey King (NY) Shuster divided and controlled by the chairman and Davis (VA) Lewis (KY) Sweeney Crane Klink Slaughter Deal Linder ranking minority member of the Committee Tancredo Crowley Kolbe Snyder on Appropriations; and (2) one motion to re- DeLay LoBiondo Tauzin Danner LaFalce Spratt DeMint Lucas (OK) commit. Taylor (NC) Davis (IL) Lantos Stark Doolittle Manzullo SEC. 4. Upon the adoption of this resolution Terry Delahunt Lazio Stearns Dreier Mascara Thomas Diaz-Balart Lipinski Talent it shall be in order without intervention of Duncan McCarthy (MO) Thornberry Dickey Maloney (NY) Thompson (MS) any point of order to consider in the House Dunn McCrery Thune Everett Martinez Visclosky the joint resolution (H.J. Res. 124) making Ehlers McHugh Tiahrt Fattah McCollum Watkins further continuing appropriations for the fis- Ehrlich McKeon Forbes McInnis Watts (OK) Emerson Mica Toomey cal year 2001, and for other purposes. The Traficant Fowler McIntosh Weygand joint resolution shall be considered as read English Miller (FL) Frank (MA) McIntyre Wise Ewing Miller, Gary Upton for amendment. The previous question shall Fletcher Moran (KS) Vitter be considered as ordered on the joint resolu- Walden b 1105 Foley Murtha tion to final passage without intervening Fossella Myrick Walsh Mr. BROWN of Ohio changed his vote Wamp motion except: (1) one hour of debate equally Frelinghuysen Nethercutt from ‘‘aye’’ to ‘‘no.’’ Gallegly Ney Weldon (FL) divided and controlled by the chairman and Ganske Northup Weldon (PA) So the motion was agreed to. ranking minority member of the Committee Gekas Norwood Weller The result of the vote was announced on Appropriations; and (2) one motion to re- Gibbons Nussle Whitfield as above recorded. commit. Gilchrest Ose Wicker ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gillmor Packard Wolf A motion to reconsider was laid on Gilman Paul Young (AK) the table. The SPEAKER pro tempore (Mr. Goode Pease Young (FL) Stated for: PEASE). Members are reminded that the use of personal electronic commu- NOES—159 Mr. STEARNS. Mr. Speaker, on rollcall No. nications devices is prohibited in the 579, I was not able to vote. Had I been Andrews Brown (OH) Dingell Chamber of the House, and they are to Baca Capps Dixon present, I would have voted ‘‘aye.’’ Baird Capuano Doggett disable wireless telephones before en- Baldacci Carson Dooley f tering the Chamber of the House. Baldwin Clayton Doyle The SPEAKER pro tempore. The gen- Barcia Clement Edwards PROVIDING FOR CONSIDERATION tleman from Georgia (Mr. LINDER) is Becerra Clyburn Engel OF HOUSE JOINT RESOLUTIONS Bentsen Condit Eshoo recognized for 1 hour. Berkley Costello Etheridge 121, 122, 123, AND 124, EACH MAK- Mr. LINDER. Mr. Speaker, for the pur- Berman Coyne Evans ING FURTHER CONTINUING AP- poses of debate only, I yield the cus- Berry Cramer Farr PROPRIATIONS FOR FISCAL tomary 30 minutes to the gentleman Bishop Cummings Filner YEAR 2001 Blagojevich Davis (FL) Ford from Massachusetts (Mr. MOAKLEY) Blumenauer DeFazio Frost Mr. LINDER. Mr. Speaker, by direc- pending which I yield myself such time Bonior DeGette Gejdenson tion of the Committee on Rules, I call as I may consume. During consider- Borski DeLauro Gephardt Boswell Deutsch Gonzalez up House Resolution 662 and ask for its ation of this resolution, all time yield- Boyd Dicks Gordon immediate consideration. ed is for the purpose of debate only.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25518 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Mr. Speaker, House Resolution 662 is protections. But my Republican col- ship in Congress had been willing to a closed rule providing for consider- leagues refuse to put this bill into the work with us, we could have had a ation of House Joint Resolutions 121, Labor, Health and Human Service ap- credible bipartisan budget that would 122, 123 and 124. Each of these joint res- propriation bill so that the President have held spending down to $633 billion. olutions make further continuing ap- can sign it and local communities can Instead, we are on a path to spend $645 propriations for fiscal year 2001 for a begin building new schools. billion or more next year, $12 billion period of 1 day. Mr. Speaker, H. Res. So, rather than wasting time this more than the Blue Dogs suggested and 662 provides for 1 hour of debate on month on abbreviated work weeks, re- $8 billion more than the President re- each joint resolution, equally divided naming post offices, and tax breaks for quested. Some compromise. and controlled by the chairman and the special interests, my Republican Some compromise, spending $8 bil- ranking minority member of the Com- colleagues should have been passing lion more than the President. And yet mittee on Appropriations. The rule Medicare reform, prescription drug my colleagues, some continue to come waives all points of order against the programs within Medicare, and funding to the floor and say how much more consideration of these joint resolu- school construction. are we going to spend. Well, they have tions. Finally, the rule provides one Mr. Speaker, I urge my colleagues to won on this issue. When we passed the motion to recommit on each joint reso- oppose this rule. rule last week on the foreign oper- lution, as is the right of the minority. Mr. Speaker, I reserve the balance of ations bill, they voted to raise, at least This rule was favorably reported by the my time. some, not all, a majority of us, not me, Committee on Rules yesterday, and I Mr. LINDER. Mr. Speaker, I reserve voted to raise the caps to $645 billion. urge my colleagues to support it. the balance of my time. The issue of how much we are going to Mr. Speaker, I reserve the balance of Mr. MOAKLEY. Mr. Speaker, I am spend is a moot issue. my time. very pleased to yield 8 minutes to the I would much rather have held it to Mr. MOAKLEY. Mr. Speaker, I thank gentleman from Texas (Mr. STENHOLM). $633 billion. My Republican colleagues the gentleman from Georgia (Mr. LIN- Mr. STENHOLM. Mr. Speaker, I rise wanted to go to $645 billion. The Presi- DER) for being more brief than he was to oppose this rule. I think we ought to dent wanted to keep it at $637 billion. the last time. He caught me off guard. do 1-day rules and 1-day CRs, but more So let us not have any more of this I thank the gentleman for yielding me importantly, I think it is time for us to because any of these issues that spend the customary half-hour, and I yield reach the compromises necessary and more money, my colleagues should myself such time as I may consume. finish up the work of the 106 Congress. know by now that the rules of the Mr. Speaker, this rule provides for We are all asking why we are here House suggest that if we spend more the consideration of the eleventh, today, and we have different views on than $645 billion, we will sequester all twelfth, thirteenth, and fourteenth it. According to ‘‘The Baltimore Sun,’’ spending next year to bring the level continuing resolutions we have done in it is because of Republican gridlock in back to $645 billion if we mean it, and the last month. Each one of these con- Congress again. Once again, leaders of I hope we mean it. So let us quit talk- tinuing resolutions will keep the Fed- this House are finding they cannot get ing about that money is the issue. eral Government open just 1 more day, their way. Whatever happened to the I do not know how the leadership in because my Republican colleagues just fine art of compromise? I know my the House honestly can complain that have not finished their 13 appropriation friends on the other side of the aisle Democrats are big spenders when they bills. would differ with that and have a dif- have already voted appropriation bills The 1974 Budget Act requires that ferent opinion of that. Both sides are and sent to the President spending $11 these bills, those 13 bills, be signed into right, perhaps. billion more than the President re- law by October 1. But, my Republican But perhaps a little practical con- quested. I do not understand how vot- colleagues have spent much too much stitutional reminder is in order for us ing to increase spending by $21 billion time passing tax breaks for big busi- today. You, we, cannot beat a Presi- on programs that a prominent Repub- ness and not enough time on school dent, unless we have two-thirds of the lican has identified as low priority, un- construction. votes. The Constitution guarantees necessary, or wasteful spending is ac- So, here we are on October 30 with that under our separate, but coequal ceptable, but asking for $5 billion more only five appropriation bills signed branches of government, that the only for education makes someone a big into law. Those bills are Defense, Mili- way the House of Representatives can spender. tary Construction, Interior, Transpor- win is to have two-thirds of the vote, Under the plan being pushed by lead- tation, and Agriculture, and VA–HUD no matter how we like or dislike a ers in the Congress, we will squander and Energy and Water. Meanwhile, President, now or in the future. And we the surpluses that should be used to waiting at the White House are Legis- cannot get two-thirds of the vote, un- deal with a variety of my priorities in- lative Branch, Treasury-Postal, and less we are willing to work with at cluding eliminating our national debt. others. Still outstanding are Labor, least some on the other side of the Leadership is taking credit for debt re- Health and Human Services; Com- aisle which, unfortunately, our leader- duction that was achieved only because merce, State, Justice; Foreign Oper- ship has chosen not to do. their proposals to use the entire budget ations; and District of Columbia. But, Remember the budget resolution surplus for tax cuts was defeated. because so many bills are outstanding, where all of this began? The Presi- The recent conversion to debt reduc- Mr. Speaker, my Republican colleagues dent’s budget called for $637 billion in tion rhetoric after 2 years of rhetoric have been forcing Congress to spend spending, and you said you were going to the contrary comes after their tax time passing emergency measures and to hold discretionary spending to $625 cut proposals fell flat. The cover of the protections for special interests, while billion and you complained about big September 16 issue of Congressional Democrats have still been fighting for spending Democrats, including we Blue Quarterly described the leadership new school construction. Dogs, those of us in the Blue Dog Coali- strategy with this headline: ‘‘Desperate Mr. Speaker, the gentlewoman from tion proposed a budget suggesting a to find a way out, GOP settles for debt Connecticut (Mrs. JOHNSON) and the compromise of $633 billion. This budget reduction.’’ gentleman from New York (Mr. RAN- was supported by 138 Democrats and 37 Mr. Speaker, we easily could have bi- GEL) have a school construction bill Republicans. partisan agreement on death tax relief, that is supported by 230 Members of on marriage tax penalty relief, on a Congress, Democrats and Republicans b 1115 Medicare prescription drug benefit, a alike. This bill would provide $25 bil- If 45 more Republicans had joined Patients’ Bill of Rights, campaign fi- lion over 10 years of interest-free fi- with 137 of us, perhaps the debate nance reform legislation; yet this Con- nancing for school construction and would be a little different. Perhaps we gress will adjourn without enacting modernization with prevailing wage would not even be here. If the leader- any legislation on any of these issues.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25519 The leadership has chosen to take you will find a lot of bipartisan sup- political season. But I would join with these issues off the table. They have port, especially if you were to ask. the gentleman from Texas who says let won on these issues. They are off the This is the message that I hope that us not engage in fingerpointing. In- table. But we will not go home, we will all of us will take. It is time to quit the deed, Mr. Speaker, the challenge before not go home without making sure we fingerpointing. We are down to the last us is to put people before politics, and have given our hospitals, nursing few issues. Some of them are very, very that is what I suggest we do. homes, and home health care providers important; but all of them must be Mr. MOAKLEY. Mr. Speaker, I yield the relief that they need. That is the compromised. It is unrealistic to be- 5 minutes to the gentleman from dividing issue, the one that must be lieve that anyone, the President or the Michigan (Mr. BONIOR), the Democratic worked out. House, can get their way absolutely. whip. There is strong support among Demo- But a reasonable compromise on all of Mr. BONIOR. Mr. Speaker, for those crats for meaningful estate tax relief these issues could be reached this Americans who may be following these that would repeal the death tax for all afternoon if only we would find the proceedings, they might be asking estates less than $4 million and reduce willingness to sit down and to talk to themselves what exactly are we doing rates for all other estates by 20 percent each other, a willingness that we have here 30 days after the appropriation immediately. This proposal could be not been willing to do for the last 2 and funding bills are supposed to have signed into law. But according to the years, 4 years or 6 years. That is why been enacted into law? What have we Wall Street Journal, some in the Re- we are here today. accomplished? Or a better question: publican leadership rejected that pro- Again, we cannot, we cannot defeat What have we not accomplished this posal because they are afraid that ‘‘the this President, the next President, or Congress? GOP would lose a powerful election- any President unless we have two- I would like to give a brief overview. year issue for its candidates.’’ And thirds of the vote. We cannot get two- Over the last 2 years, the Republican they might be right. thirds of the vote unless we work for it. leadership of this Congress has had a We heard a lot of rhetoric Saturday Mr. LINDER. Mr. Speaker, I yield 2 unique opportunity. It was an oppor- about the need for a national energy minutes to the gentleman from Ari- tunity to work with House Democrats policy; yet we are about to conclude zona (Mr. HAYWORTH). and to work with the President to craft another Congress without any effort on Mr. HAYWORTH. Mr. Speaker, I a sensible, bipartisan solution to some the part of the House to develop a na- thank the gentleman from Texas (Mr. of America’s most difficult and tough- tional consensus on energy policy. We STENHOLM), who in the well of the est problems: the unchecked powers of could have taken a small step by House outlined many of the same argu- the HMOs to veto family health care adopting the tax incentives for domes- ments that he outlined last night when decisions; the fact that literally mil- tic oil and gas producers that were in- we gathered here in informal session to lions of senior citizens cannot afford to cluded in the Senate version of the tax have an honest discussion on some dif- buy prescription medicine that they bill, but for some reason the leadership ferences. need; the need to increase the min- of the House opposed this bipartisan ef- One thing that I think is interesting imum wage for those people who work fort as well. is this: when the gentleman from Min- and make this country run by taking Surely we can reach a bipartisan nesota (Mr. GUTKNECHT) put the ques- care of our seniors in nursing homes agreement now if leaders of the Con- tion to the gentleman from Texas, if and feeding us and cleaning our offices gress are willing to work with the we reverted to the President’s original and taking care of our children in child President to find compromises on the budget numbers, if that were the key day care centers; the fact that kids remaining issues. But I have to ask, to accommodate the President as my from one end of this country to the why did the congressional leadership friend points out, that certainly the other are forced to go to school in not accept the President’s offer to President has a role in this process, if cramped, overcrowded classrooms. meet yesterday to discuss an agree- we were to revert to the President’s The Republican leadership had 2 ment on responsible tax relief and a original estimates, could there be a whole years, some would say 6 years Medicare package that provides assist- guarantee that the President would since they became the majority, to ance to health care providers as well as sign the appropriations bills? The gen- work with President Clinton and beneficiaries, instead of providing over tleman from Texas was very candid Democrats to respond to these prob- 40 percent of the funding for HMOs? last night. He said he could not guar- lems. Had they decided to work with us Let me repeat so that all of us can antee that, and he respectfully sub- by now, we could have had a prescrip- understand and hear clearly, particu- mitted that that was not the question. tion drug benefit in effect. People who larly the leaders of the Congress: we But, Mr. Speaker, that is exactly the use HMOs could have had the right to will not have a final budget agreement question, because that is the argument legally challenge them. Millions of peo- that allows us to leave here without my friend from Texas has made. We do ple would not have been thrown off the making sure we have given our health not seek to ignore the President or benefits of HMO plans or denied bene- care providers the relief that they deal with some sort of blatant hos- fits under those plans. We could have must have, nor without satisfactory tility. We understand consensus and started working on repairing and mod- compromises regarding school con- compromise and we have done that. ernizing our schools all over this coun- struction, class size reduction, immi- And even as the gentleman outlined try. gration, and the other issues remain- the challenge confronting us with Minimum wage workers who are ing. Medicare, I would remind all of my col- struggling, often adults with a couple We would not need to be here on Oc- leagues that just last week on this of children, to provide for their family tober 30 if 2 or 3 months ago, when this floor we passed a piece of legislation could have had thousands of dollars work should have been happening, the vital for health care with the bulk of into their pockets. But I am sad to say Republican leadership had been willing the help going to hospitals, especially that instead of rolling up their sleeve to work with us in a bipartisan spirit rural hospitals, to local health care, to and working with us, the Republican on a fiscally-responsible budget that nursing homes. majority chose to obfuscate, to shrug funded priority programs including The fact is some chose not to vote for their shoulders, to walk away. Medicare, provided reasonable tax re- it. Now, good people can disagree. We Mr. Speaker, just do not take my lief, and paid down the debt. Unfortu- are here in this situation, as we try to word for it. Listen to what America’s nately, for some reason the leadership find consensus and compromise, and leading newspapers are saying. Roll- has chosen a course that has produced the question again, Mr. Speaker, is call: ‘‘What a mess...If (voters) paid gridlock and inaction. this: How much is enough? attention, they’d surely be appalled, as Mr. Speaker, it is your move. The I understand the calendar. I do not practically everybody here in this town ball is in your court. Do your job and presume to be naive. I know this is the is. House leaders failed to work out a

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25520 CONGRESSIONAL RECORD—HOUSE October 30, 2000 joint strategy with Senate leaders, and the HMOs, when Governor Bush, and I Medicare disproportionate share hos- they have been utterly uninterested in believe that the polls are showing it, is pitals to equalize payments to rural working with House Democrats.’’ President, we will pass a patients’ bill hospitals. The Washington Post: ‘‘The Un-Con- of rights. But it will not allow lawyers Now, many were already saying, then gress continues neither to work nor ad- to sue unlimited amounts and put a you are wanting to spend more money. journ. For 2 years, it has mainly pre- hospital, a doctor, or a health care pro- No. I believe that we could have given tended to deal with issues that it has vider out of business with one lawsuit. less to the HMOs and more to our hos- systematically avoided.’’ Then one will not be able to go down pitals, and we would have had a better The Baltimore Sun: ‘‘Whatever hap- and sue the small business that hires package. That is my opinion. I suspect pened to the fine art of compromise? It them in good faith. I mean, that is a that there are more that share that seems to have vanished from the lexi- pretty strict difference between the opinion, because I really believe, and con of Republicans on Capitol Hill. The two parties. When one talks about more of the folks believe, that that is result is more gridlock in Washington, compromise, we are not going to allow what we should have. We have the ar- as Republicans try to force their polit- one to put health care providers out of gument of consistency. ical agenda down President Clinton’s work. Our rural hospitals and others that throat.’’ If one looks at the bill that is before are struggling to keep their doors open, And, of course in the USA Today us right now with Davis-Bacon, many we give them 1 year. The atmosphere today they described this Congress as a States have overridden Davis-Bacon re- that we are in today, what kind of ‘‘costly do-little Congress.’’ I might quirements. Now, their side of the aisle planning can you give. Why could we also add, Mr. Speaker, that this is a do- wants even those States that do not not give a 2-year certainty on this and little and a delay Congress. They have have Davis-Bacon to have to fall under then start working soon after the next done little; they have delayed much. construction. We think that is wrong. election as to where we truly go with Mr. Speaker, the Republicans have A, it adds between 15 to 35 percent to health care policy? We need to do this. That is why I say I think people are demonstrated that the only place they the school construction. We are saying having some real wrong ideas and are capable of leading Congress is grid- let the schools keep the extra money thoughts that we are not going to be lock and dead end. It is time for a instead of paying the union wage. able to work this and several other change. This has been an utter failure. Those are pretty big differences. The areas out on the Medicare relief bill. reason that we have not come forward We have failed to address the main Mr. LINDER. Mr. Speaker, I yield 2 is, on both sides, that the different po- issues that the American people have minutes to the gentleman from Cali- sent us here to address, and the Amer- sitions sometimes are here or they are fornia (Mr. ROHRABACHER). ican people understand that. They out here to the left. I think where we Mr. ROHRABACHER. Mr. Speaker, in know that, and they will respond to have come to the center and work to- case the American people are having that if we do not, in the next couple of gether, that is the best thing that this difficulty understanding the argument days, answer some of these questions Congress can do. That is what we are of the gentleman from Texas (Mr. that the gentleman from Texas (Mr. trying to do. That is why we are here STENHOLM), as most of us over here are STENHOLM) and others have addressed. today. having difficulty, because it does come Mr. LINDER. Mr. Speaker, I yield 3 Mr. MOAKLEY. Mr. Speaker, I yield down to us, we believe, the President minutes to the gentleman from Cali- 2 minutes to the gentleman from Texas asking for more money; and we are try- fornia (Mr. CUNNINGHAM). (Mr. STENHOLM). ing to keep control of the budget. Mr. CUNNINGHAM. Mr. Speaker, I Mr. STENHOLM. Mr. Speaker, I But if we cannot understand that, felt compelled to react to some of the thank the gentleman from Massachu- they should be able to understand one speakers that have preceded. Repub- setts for yielding me the time. The of the other issues, the major issue of licans have come in with some addi- gentleman from California (Mr. contention between the Republicans tional spending. Deployments by the CUNNINGHAM), the last speaker, just an- and the other side of the aisle and the Clinton-Gore administration, Haiti, $4 swered a big part of the previous ques- Clinton-Gore administration; and that billion; $3 billion of that is in Aristide’s tion of the gentleman from Arizona is the Clinton-Gore administration is pocket. Extension of Somalia where we (Mr. HAYWORTH). demanding that we stay here, and they had 18 Rangers killed; the United The reason we cannot go back and are holding us hostage with the de- States paid for 86 percent of Kosovo. undo the budgets now is that there is mand that we give a blanket amnesty I think that is wrong. And my col- only one really left. We have spent the to millions of illegal immigrants. leagues on the other side would say money. We have different opinions as Now, the American people should be that there should be more burden-shar- to whether we have spent it wisely, but able to understand that. All of this ing from NATO countries. That has it is done. My point that I am trying to budget talk, if one cannot understand come at a great expense of our defense, make is it is done. what is going on there, one should be of our military, of our men and our We have set the caps of spending of able to understand that this adminis- women. $645 billion. If we wanted to spend less, tration, the Clinton-Gore administra- we should have done it with the budget tion, the other side of the aisle, want b 1130 resolution that would have had the us, and we are refusing, to grant a We have got 22 ships that are tied up kind of support to carry us through. We blanket amnesty so that millions of to the pier because of deferred mainte- did not do that. But that is done. more illegal immigrants will, number nance. The Secretary of the Navy just I wanted to emphasize where I am one, be granted amnesty and eventu- announced the descoping and cancella- coming from and where I think a lot of ally be eligible for government pro- tion affecting repair and maintenance Members on both sides of the aisle are grams, which means millions of illegal of 26 naval ships, which means that is coming from regarding the health care, immigrants who are now not eligible 26 more ships this year will not be the Medicare relief bill. will be eligible for health care benefits, worked on; and that the lack of funds, For the rurals, the urbans, the teach- for education benefits. because we have used it, they have had ing hospitals, what I would like to have Here we are trying to give a modest, to shift the ship repair money over to seen us done is add a 2nd year of full just a modest bit of tax relief to the the CV, the carriers, and the submarine market basket update for inpatient American people, and that is out- refueling because of the deployments hospital services. That needs to be rageous; but it is not outrageous to that we have had. done to get consistency. Restore cuts bring millions of more illegal immi- My colleagues talk about working bi- for skilled nursing facilities for 2 grants into this country and make partisan. Many of us long for that, and years, not just one. Restore cuts for them eligible for government benefits. we have on many cases. But I want to home health providers for 2 years, not Give me a break. Give the American give my colleagues an idea that, with just one. Improve the formula for people a break.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25521 No, I am proud to stand here with the zalez, working 13 years, is about to be in, run in illegally, and we will make Republicans saying, no, we are going to deported and his family left abandoned one a citizen, and then we will let one watch out for the American people. We because he cannot have access to legal- bring one’s family. Beam me up here. care about others. We care about our ization. I disagree with this illegal immigra- immigrant population. In fact, legal Mr. Speaker, I am happy to yield to tion. If they want to come into Amer- immigrants are some of our proudest the distinguished gentleman from ica, damn it, get in line. There are citizens. We are happy to have them Michigan (Mr. BONIOR). laws. Follow the law. When Congress here as legal immigrants. But to have Mr. BONIOR. Mr. Speaker, I want to starts letting people jump the fence millions of illegal immigrants be thank the gentlewoman from Texas and get away with it and then use it for granted amnesty is thumbing their (Ms. JACKSON-LEE) for raising this, be- political gain, Congress has failed the noses at legal immigration and at the cause this is one of the great shames American people, and Congress has American people. and scandals of our country. shredded the Constitution. Mr. MOAKLEY. Mr. Speaker, I yield These people which the gentlewoman I want to say one last thing. Several 4 minutes to the gentlewoman from speaks of are the people who do the days ago, 10 Mexican narco-terrorists Texas (Ms. JACKSON-LEE). work of this country. We could not be crossed the border and started shooting Ms. JACKSON-LEE of Texas. Mr. building the roads; we could not be at our border patrol. They needed a Speaker, I thank the gentleman from feeding the people of this country. helicopter to come in and provide air Texas (Mr. STENHOLM). I understand They have been here for 15 and 20 coverage. what he is saying. He made a very im- years, and they live in fear every day We are guarding the borders all over portant point. He is asking for reason because of their status. They make this the world. We are flooded with heroin and balance; and that is, to respond to country work. and cocaine. And my colleagues are It just is an absolute outrage that we the needs of rural and urban hospitals here wanting to make more illegal im- have to deal with this issue in a way and not give to HMOs the $34 billion migrants citizens. that our Republican colleagues want to that is not responsible to them and to I am not for making one more illegal give to insurance companies, and not the future of this country. The gentle- immigrant a citizen. There is no bias in allow some of those dollars to be uti- woman from Texas is absolutely right. my heart. I am tired of the charge that lized to pay health care providers and We ought to do something about this. is being placed against us. hospitals. These are the people that take care of If they want to come into America, Secondarily, the gentleman from our children, our grandparents, our get in line like many Americans did le- OHRABACHER), my California (Mr. R roads, our buildings. They collect our gally. If they are not in this country good friend who just spoke, has also a garbage. They do a lot of things. legally, JIM TRAFICANT says they misunderstanding what those of us are Ms. JACKSON-LEE of Texas. Mr. should be thrown out, and the Congress trying to do with respect to legal im- Speaker, I thank the gentleman from of the United States should not have a migration or access to legalization. Michigan (Mr. BONIOR), the minority flashing sign saying jump the fence. Mr. Speaker, I serve as the ranking whip, for his eloquence on his issue, be- Mr. Speaker, this is an important member on the Subcommittee on Im- cause I hate the undercurrent that I issue, more than my colleagues think. migration and Claims on the Com- am hearing in this body. That is that There is a lot of political ramifications mittee on Judiciary; and I am sorry to the reason why we are here and the that are not very good for the country. say it is not a million people coming reason why we are stuck in the mud be- With that, I would hope the Democrat into this country, it is thousands of sides the issues on health care and this party would take a look at the issue a homeowners and taxpayers who have tax cut is because we do not want this little more carefully. lived in this country for almost 20 millions of illegals to come into this years. In fact, the National Restaurant country. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Association is begging us to be respon- Mr. Speaker, they are here, and they The SPEAKER pro tempore (Mr. sible to hard-working members of their are not millions, they are thousands of PEASE). The Chair reminds Members community who have worked in their hard-working individuals who love this that they are to refrain from the use of restaurants. country, who love their families, and profanity in debate on the House floor. This is a question with the INS. We who came here out of persecution, and The Chair reminds all persons in the all know the status of the INS, it made we opened the doors. gallery that they are here as guests of a great error and did not allow these Mr. Speaker, I would simply say that the House and that any manifestation individuals to proceed to apply for citi- we need to work on this issue. of approval or disapproval of pro- zenship. It is not giving them blanket Mr. ROHRABACHER. Mr. Speaker, ceedings or other audible conversation amnesty; it is allowing them to apply will the gentlewoman yield? is in violation of the Rules of the for citizenship. Ms. JACKSON-LEE of Texas. Mr. House. Interestingly enough, when many of Speaker, this is the gentleman from Mr. MOAKLEY. Mr. Speaker, would us voted in 1996 for what we thought California (Mr. ROHRABACHER), my the Chair be kind enough to advise the was a fair immigration policy in the good friend, who I would be delighted gentleman from Georgia (Mr. LINDER) dark of night, Republicans took away to yield to when I finish my point, and and myself of the remaining time. the court proceedings that were pro- maybe he can get some time from his The SPEAKER pro tempore. The gen- ceeding in a very orderly manner, spon- side, because I know his heart is good. tleman from Massachusetts (Mr. MOAK- sored by the Catholic Dioses, that Mr. Speaker, I simply say we need to LEY) has 9 minutes remaining. The gen- would allow individuals to go into the get down to dealing with hard-working tleman from Georgia (Mr. LINDER) has courtrooms and proceed in the process individuals and stop this undercurrent 191⁄2 minutes remaining. of securing their citizenship. That was of bias that I am hearing. It hurts my Mr. MOAKLEY. Mr. Speaker, I yield stopped in the dark of night in 1996. heart. 2 minutes to the gentleman from So what we are standing here for is Mr. LINDER. Mr. Speaker, I yield 3 Michigan (Mr. BONIOR), the Democratic to ensure that those who are trying to minutes to the gentleman from Ohio whip. seek legalization, access to legalization (Mr. TRAFICANT). fairly and honestly, citizens in Nevada, Mr. TRAFICANT. Mr. Speaker, every b 1145 citizens in Rhode Island, in New York, time we talk about illegal immigra- Mr. BONIOR. Mr. Speaker, I thank in Michigan, in California, in Texas, tion, we talk about racial bias. I have the gentleman for yielding me this who are already here, whose children about had it. There are immigration time, and I will not take the 2 minutes, are going to school, they want to be laws. If they are in the country ille- but I wanted to correct something. able to access legalization. gally, we should throw them out. The impression has been left here In fact, in my good city of Houston, We are putting up a neon sign blink- that these people are illegal; that they a poor man by the name of Mr. Gon- ing all over the world, come on and run have come here and not followed the

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25522 CONGRESSIONAL RECORD—HOUSE October 30, 2000 rules. The fact of the matter is that companies, it should not be wasted by billion bill and that we are shorting many of them have come here as a re- giving it to the HMOs. It should be the other providers, when the Amer- sult of persecution in their countries. used to provide a prescription drug ican Hospital Association said, we like They have been in line. They are wait- benefit for our seniors, to keep our hos- it, deliver it, and please, Mr. President, ing for documentation. It is not the pitals and nursing homes in business, sign it. case of them sneaking across the bor- to provide the services we need, to pro- Now, we are also not talking about der and cutting in front of other peo- vide estate tax and marriage tax relief the very, very nice package of preven- ple. These are people who have been to our citizens. tive care provisions that are in there here, have been accepted here, are We should not have to wait another 1 extending the preventive care, which waiting in line and not getting their year or 2 years or 4 years to see this was first put in by this majority in documentation processed. benefit granted to the American peo- 1997, having not been done before. We I might also add for my colleagues ple. It is time for this Congress to do have extended it in terms of digital that it is very ironic that we could its work that we should have done a mammography; we have increased the come here and do on a voice vote long time ago. number of Pap smears available for 193,000 people, allow them into this Mr. LINDER. Mr. Speaker, I yield 4 those in risk groups; we have provided country, high-tech people, when no one minutes to the gentleman from Cali- screening for glaucoma; we provided was around here, and then these folks fornia (Mr. THOMAS) to instruct the screening for colonoscopies. In fact, the who have been here for as much as 14 gentleman from Arkansas what was ac- second largest grouping in this bill is years cannot get the satisfaction of tually in that bill he voted on. for preventive care and beneficiary as- knowing that the taxes they have been Mr. THOMAS. Mr. Speaker, some of sistance. paying for 14 years and the work they us are sitting here somewhat confused. One of the largest dollar amounts in have been providing to this country is We have been listening carefully to the the package is to put real dollars to- being ignored. debate and hearing, for example, that ward correcting the overpayment by It is an outright scandal and it is a these folks are legal but they are in beneficiaries on hospital bills because shame. But they happen to be nonhigh- fear of their status; that in fact we they have not been treated fairly and tech people. They are people who do have chosen to give $34 billion to the honestly by this administration in the work of the country. They do our HMOs. terms of what an actual percentage of garbage, they do our roads, our schools, If anyone bothered to check the en- the bill is. The beneficiaries are paying they take care of our kids, they do our tire cost of this bill, which is money 20 percent of the listed price when wash, they do the stuff in the res- for the hospitals, Medicare+Choice, HCFA is negotiating the price down, taurants, cook our food. They deserve home health, preventive care, on and and that 20 percent becomes 30, 40 and to be here. on and on, the entire package, accord- 50 percent of the bill. That is shameful. Ms. JACKSON-LEE of Texas. Mr. ing to CBO, scores at $31.5 billion over We moved directly to start stopping Speaker, will the gentleman yield? 5 years. Now, I know there has been a Mr. BONIOR. I yield to the gentle- that. That is the single largest chunk. discussion on the Presidential trail woman from Texas. We also, finally, allow immuno- Ms. JACKSON-LEE of Texas. Mr. about fuzzy math; but to be able to suppressive drugs to be available to Speaker, I thank the gentleman for stand up last night and today and to those who have had organ transplants yielding. The only thing I wanted to continue to repeat that there is $34 bil- for the rest of their lives. Current ad- offer to this debate is the fact that all lion for managed care in this bill is to ministration has held it at 3 years. of us in this Nation, all of us, no mat- simply ignore the fact that the entire This bill is full of really good stuff ter how we look and what language we package is $31.5 billion. supported by all of these groups, and might have started out with, have By the way, the single largest per- what we continue to hear is a total come from somewhere and have sought centage in this package goes to hos- misrepresentation. I know my col- opportunity. pitals. That is appropriate because hos- leagues will not stop it, but what they I do not know how I came legally. I pitals are the single largest cost factor are saying is simply not true. was not able to come here legally, as I in Medicare. As a matter of fact, the Mr. MOAKLEY. Mr. Speaker, I yield understand it. My colleagues may ques- American Hospital Association, the 2 minutes to the gentlewoman from tion my history, but I know my his- largest hospital grouping in the coun- Colorado (Ms. DEGETTE). tory. I came in another manner. try, has written a letter saying, we Ms. DEGETTE. Mr. Speaker, I too am So I would simply say that anyone urge the Members to vote for the legis- dismayed at the tone this debate has who wants to challenge these individ- lation; we urge the President not to taken with respect to immigration, and uals needs to look at their own per- veto the legislation. Now, when are we I am saddened and ashamed about it. sonal history. This is a terrible shame going to let the hospitals speak for All of us think we should enforce the what we are doing in this Congress. themselves? immigration laws; but the immigration Mr. MOAKLEY. Mr. Speaker, I yield We just heard repeated this apparent laws have worked to damage a segment 2 minutes to the gentleman from Ar- political mantra that is necessary that of our society, hard-working Ameri- kansas (Mr. BERRY). we are shorting the providers, the cans with families who work hard and Mr. BERRY. Mr. Speaker, I would other providers, the hospitals. The hos- pay taxes every day, people who have just reiterate what the gentleman from pitals said we should have voted for the been here since before 1986, paying Texas has already said, and certainly bill. Frankly, some of the Democrats taxes and raising families, and the law part of this disagreement is about the have been coming up to me and saying, needs to be made equitable for those immigrants; but the major disagree- gee, I would like to have another op- people. ment we have is that the Republicans portunity. My leadership led me Last year, in Denver, we had a lady have chosen to raise their own budget astray. I did not realize exactly what who, because she was afraid she would caps and spend that money by giving it was in the bill. Well, sorry, it came up, be ejected from this country perma- as a wonderful trick or treat present to we voted on it, and it was passed. nently under the immigration laws, the HMOs. They have chosen to deny The providers themselves have writ- left this country. She left this country the relief that our hospitals and nurs- ten letters, more than four dozen home and she left her newborn child, who is ing homes need. They have chosen to health associations, various specific an American citizen, in the arms of her deny prescription drug benefits for our acute hospitals, psychiatric hospitals, husband, who is also an American cit- seniors. They have chosen to deny es- the providers; and they have said, sign izen, because she was afraid that she tate tax and marriage tax relief to our the bill. Yet we continue to hear this would never be able to come back if she citizens. argument, which is totally devoid of did not leave and reapply. These people cannot wait. This reality, that somehow we are spending That is not only an inequity, it is a money should not go to the insurance $34 billion on the HMOs out of a $31.5 terrible human tragedy, and that is

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25523 what we are trying to do. We are not tion that was longer than 24 hours. I The Sergeant at Arms will notify ab- trying to open the borders to every- want to commend the chairman of the sent Members. body. We are not trying to let crimi- Committee on Appropriations, the gen- Pursuant to clause 9 of rule XX, the nals in here. We are trying to protect tleman from Florida (Mr. YOUNG), and Chair will reduce to 5 minutes the min- the rights of hard-working Americans the ranking member, the gentleman imum time for electronic voting, if or- who are decent citizens and who pay from Wisconsin (Mr. OBEY). I have dered, on the question of agreeing to taxes. That is what we are trying to do. never seen two more dedicated workers the resolution. I think we should stop all of this ter- for the cause of getting the people’s The vote was taken by electronic de- rible slurring on the race and every- work accomplished. They have been vice, and there were—yeas 286, nays 73, thing else, and we ought to get down to here day and night to complete the not voting 73, as follows: what this is all about. task. Mr. MOAKLEY. Mr. Speaker, I yield I confess they differ in their views as [Roll No. 580] back the balance of my time. to the right solution for the final stick- YEAS—286 Mr. LINDER. Mr. Speaker, I yield ing points; but unlike the President, Aderholt English Lucas (OK) myself such time as I may consume. they are here working. They were pre- Archer Eshoo Luther Mr. Speaker, none of us is happy pared to meet even on that evening Armey Evans Maloney (CT) Baca Ewing Manzullo being here today on this resolution. I last week when the President and his Bachus Fattah Markey believe it is fair to say that both sides Chief of Staff were attending the World Baker Fletcher Matsui would rather be home talking to our Series, and the next day, when the Baldacci Foley McCarthy (MO) constituents about the future. And as President found it more important to Baldwin Fossella McCarthy (NY) Ballenger Frelinghuysen McCrery long as I can remember, there have get in a round of golf. And over the Barcia Gallegly McGovern been continuing resolutions passed for past weekend, when the President was Barrett (NE) Ganske McHugh several days at a time so that only the campaigning for his side, oh, yes, we Barrett (WI) Gejdenson McKeon Bartlett Gekas McNulty negotiators were kept here finishing have been ready to meet and solve this. Barton Gibbons Meehan the job. As I recall, one year during the But the President has not been here, Bass Gilchrest Meek (FL) Reagan administration, agreement was and an uncritical press will not point Bentsen Gillmor Mica never reached, and the entire next fis- that out. Bereuter Gilman Millender- Berkley Goode McDonald cal year was conducted under a con- In fact, the President plans a trip to Biggert Goodling Miller (FL) tinuing resolution that President California this week to campaign. We Bilbray Gordon Miller, Gary Reagan signed. will pass one of these 1-day continuing Bilirakis Goss Minge resolutions, and a military jet will be Bishop Graham Mink Yet we are here today forced to pass Blagojevich Granger Moakley a series of continuing resolutions be- dispatched to take it to the President Bliley Green (WI) Mollohan cause we have a President who has for his signature. But that cost of thou- Blunt Greenwood Moore been reluctant to leave the stage with sands of dollars will not be billed to his Boehlert Gutknecht Moran (KS) Boehner Hall (OH) Morella grace and dignity. In order to have his party or the people he was cam- Bonilla Hall (TX) Murtha way, he is willing to threaten to shut paigning for. The taxpayer will foot the Bono Hansen Myrick down the government unless we agree bill. But an uncritical press will not Borski Hastings (WA) Nadler burden the public with that fact. Brady (PA) Hayes Napolitano to this nonsense. He is willing to shut Brown (OH) Hayworth Nethercutt down the government unless we agree We are here and will be here until the Bryant Herger Ney with him on his priorities in the budg- President returns to town to sit down Burr Hill (IN) Northup et. And he is willing to put everyone and negotiate. We do not expect every Burton Hill (MT) Norwood decision to go our way, but neither Buyer Hilleary Nussle else at risk, both parties included, un- Callahan Hinchey Ose less he gets his way. should the President. Calvert Hinojosa Packard Does the world not see what is going b 1200 Camp Hobson Pallone on here? My guess is that they do not Canady Hoeffel Paul But absent the critical press, we will Cannon Hoekstra Pease because they view the world through never know. Capps Holden Peterson (MN) the eyes of an uncritical press. In 1995, So we are left to stand here on this Capuano Horn Peterson (PA) the President vetoed a continuing reso- Carson Hostettler Petri 30th day of October. We will pass this Castle Houghton Pickering lution because it contained a ‘‘legisla- series of 24-hour continuing resolu- Chabot Hunter Pitts tive rider,’’ his words, in an appropria- tions. We will wonder when the Presi- Chambliss Hutchinson Pombo Chenoweth-Hage Hyde Pomeroy tions bill. Today, he is holding an en- dent plans to return from the cam- tire Congress, Democrats and Repub- Clement Isakson Porter paign. We will get the job done for the Coble Istook Portman licans alike, hostage because we are American people. And we will look Coburn Jefferson Pryce (OH) unwilling to approve his ‘‘legislative back to the old days when Presidents Collins Jenkins Quinn rider’’ in an appropriation bill. Is he Combest John Rahall Truman, Eisenhower, Johnson, Ford, Cook Johnson (CT) Ramstad likely to succeed? Perhaps. Because we Carter, Reagan and Bush understood Cox Johnson, Sam Regula have an uncritical press that will not that their day had passed and they left Coyne Jones (NC) Reynolds Cramer Kelly Rivers tell that story. the stage with grace and dignity and The American people might be inter- Cubin Kennedy Roemer we will long for that time. Cummings Kilpatrick Rogan ested in one rider he insists upon. We Mr. Speaker, I yield back the balance Cunningham Kind (WI) Rogers have heard it talked about today. The of my time, and I move the previous Davis (FL) Kingston Rohrabacher President is insisting on a rider that Davis (VA) Kleczka Ros-Lehtinen question on the resolution. Deal Knollenberg Rothman will grant total amnesty to as many as The SPEAKER pro tempore (Mr. DeLauro Kucinich Roukema a million immigrants who came to the PEASE). The question is on ordering the DeLay Kuykendall Royce Nation illegally. Now, to be sure, we previous question. DeMint LaHood Ryan (WI) are a Nation of immigrants. We wel- Deutsch Largent Ryun (KS) The question was taken; and the Diaz-Balart Larson Sabo come those who come to our shores and Speaker pro tempore announced that Dixon Latham Salmon use the legal process to become Ameri- the ayes appeared to have it. Dooley LaTourette Sanchez cans. But the President wants to put Mr. MOAKLEY. Mr. Speaker, I object Doolittle Leach Sanders Doyle Levin Sanford those who ignore our laws ahead of to the vote on the ground that a Dreier Lewis (CA) Sawyer those who are law abiding. But we will quorum is not present and make the Duncan Lewis (KY) Saxton never hear this from the press. point of order that a quorum is not Dunn Linder Scarborough We have been here daily since the Ehlers LoBiondo Schaffer present. Ehrlich Lofgren Schakowsky President issued his edict that he The SPEAKER pro tempore. Evi- Emerson Lowey Sensenbrenner would not sign any continuing resolu- dently a quorum is not present. Engel Lucas (KY) Sessions

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Shadegg Sununu Walsh RECORDED VOTE Serrano Stump Vitter Sherman Sweeney Wamp Mr. MOAKLEY. Mr. Speaker, I de- Sessions Sununu Walden Sherwood Tancredo Watts (OK) Shadegg Sweeney Walsh Shimkus Tauzin Weiner mand a recorded vote. Sherman Tancredo Wamp Shows Taylor (NC) Weldon (FL) A recorded vote was ordered. Sherwood Tanner Watts (OK) Simpson Terry Weldon (PA) The SPEAKER pro tempore. This Shimkus Tauscher Waxman Skeen Thomas Shows Tauzin Weiner Weller will be a 5-minute vote. Skelton Thornberry Wexler Simpson Terry Weldon (FL) Slaughter Thune Skeen Thomas Weldon (PA) Whitfield The vote was taken by electronic de- Smith (MI) Tiahrt Skelton Thornberry Weller Wicker vice, and there were—ayes 296, noes 64, Smith (NJ) Tierney Slaughter Thune Wexler Wilson Smith (TX) Toomey not voting 72, as follows: Smith (MI) Thurman Whitfield Smith (WA) Traficant Wolf [Roll No. 581] Smith (NJ) Tiahrt Wicker Souder Udall (CO) Wu Smith (TX) Toomey Wilson Spence Udall (NM) Wynn AYES—296 Smith (WA) Towns Wolf Stabenow Upton Young (AK) Aderholt Etheridge Matsui Souder Traficant Wynn Stump Vitter Young (FL) Andrews Evans McCarthy (MO) Spence Udall (NM) Young (AK) Archer Ewing McCarthy (NY) Stabenow Upton Young (FL) NAYS—73 Armey Farr McCrery NOES—64 Andrews Gutierrez Price (NC) Baca Fattah McGovern Baird Holt Rangel Bachus Fletcher McHugh Baird Gonzalez Owens Becerra Inslee Reyes Baker Foley McKeon Becerra Green (TX) Pallone Berman Jackson (IL) Rodriguez Baldacci Fossella McKinney Bentsen Holt Pastor Berry Jackson-Lee Roybal-Allard Baldwin Frelinghuysen McNulty Berry Inslee Pelosi Bonior (TX) Rush Ballenger Gallegly Meehan Bonior Jackson (IL) Phelps Boswell Kildee Sandlin Barcia Ganske Meeks (NY) Capuano Jackson-Lee Rangel Clay Lampson Scott Barrett (NE) Gejdenson Menendez Carson (TX) Rodriguez Barrett (WI) Clayton Lee Serrano Gekas Mica Clay Kildee Sisisky Bartlett Gibbons Millender- Clayton Kucinich Clyburn Lewis (GA) Sisisky Stenholm Condit McDermott Barton Gilchrest McDonald Clyburn Lampson Stenholm Strickland Costello McKinney Bass Gillmor Miller (FL) Condit Lee Strickland Stupak DeGette Meeks (NY) Bereuter Gilman Miller, Gary Costello Lewis (GA) Stupak Taylor (MS) Dicks Menendez Berkley Goode Minge Davis (FL) Lofgren Dingell Miller, George Tanner Berman Goodling Mollohan DeGette Markey Thompson (CA) Doggett Moran (VA) Tauscher Biggert Gordon Moore DeLauro McDermott Tierney Edwards Oberstar Taylor (MS) Bilbray Goss Moran (KS) Dicks Meek (FL) Udall (CO) Etheridge Obey Thompson (CA) Bilirakis Graham Moran (VA) Dingell Miller, George Vela´ zquez Farr Olver Thurman Bishop Granger Morella Doggett Mink Visclosky Filner Ortiz Towns Blagojevich Green (WI) Murtha Filner Moakley Waters Ford Owens Vela´ zquez Bliley Greenwood Myrick Ford Oberstar Watt (NC) Frost Pastor Waters Blumenauer Gutierrez Nadler Frost Obey Woolsey Gephardt Payne Watt (NC) Blunt Gutknecht Napolitano Gephardt Olver Wu Gonzalez Pelosi Waxman Boehlert Hall (OH) Nethercutt Green (TX) Phelps Woolsey Boehner Hall (TX) Ney NOT VOTING—72 Bonilla Hansen Northup Abercrombie Goodlatte McInnis NOT VOTING—73 Bono Hastings (WA) Norwood Ackerman Hastings (FL) McIntosh Abercrombie Goodlatte McIntyre Borski Hayes Nussle Allen Hefley McIntyre Ackerman Hastings (FL) Metcalf Boswell Hayworth Ortiz Barr Hilliard Metcalf Allen Hefley Neal Brady (PA) Herger Ose Boucher Hooley Neal Barr Hilliard Oxley Brown (OH) Hill (IN) Packard Boyd Horn Oxley Blumenauer Hooley Pascrell Bryant Hill (MT) Paul Brady (TX) Hoyer Pascrell Burr Boucher Hoyer Pickett Hilleary Payne Brown (FL) Hulshof Pickett Burton Hinchey Pease Campbell Johnson, E.B. Boyd Hulshof Radanovich Radanovich Buyer Hinojosa Peterson (MN) Cardin Jones (OH) Riley Brady (TX) Johnson, E.B. Riley Brown (FL) Jones (OH) Callahan Hobson Peterson (PA) Conyers Kanjorski Shaw Shaw Campbell Kanjorski Calvert Hoeffel Petri Cooksey Kaptur Shays Shays Cardin Kaptur Camp Hoekstra Pickering Crane Kasich Shuster Conyers Kasich Shuster Canady Holden Pitts Crowley King (NY) Snyder Cooksey King (NY) Snyder Cannon Hostettler Pombo Danner Klink Spratt Crane Klink Spratt Capps Houghton Pomeroy Davis (IL) Kolbe Stark Crowley Kolbe Stark Castle Hunter Porter DeFazio LaFalce Stearns Danner LaFalce Stearns Chabot Hutchinson Portman Delahunt Lantos Talent Davis (IL) Lantos Talent Chambliss Hyde Price (NC) Dickey Lazio Taylor (NC) DeFazio Lazio Thompson (MS) Chenoweth-Hage Isakson Pryce (OH) Everett Lipinski Thompson (MS) Delahunt Lipinski Turner Clement Istook Quinn Forbes Maloney (NY) Turner Dickey Maloney (NY) Visclosky Coble Jefferson Rahall Fowler Martinez Watkins Everett Martinez Walden Coburn Jenkins Ramstad Frank (MA) Mascara Weygand Forbes Mascara Watkins Collins John Regula Franks (NJ) McCollum Wise Fowler McCollum Combest Johnson (CT) Reyes Weygand b 1231 Frank (MA) McInnis Wise Cook Johnson, Sam Reynolds Franks (NJ) McIntosh Cox Jones (NC) Rivers Mr. OLVER changed his vote from Coyne Kelly Roemer b 1221 Cramer Kennedy Rogan ‘‘aye’’ to ‘‘no.’’ So the resolution was agreed to. Mr. WAXMAN changed his vote from Cubin Kilpatrick Rogers Cummings Kind (WI) Rohrabacher The result of the vote was announced ‘‘yea’’ to ‘‘nay.’’ Cunningham Kingston Ros-Lehtinen as above recorded. Ms. LOFGREN, Mr. GORDON and Mr. Davis (VA) Kleczka Rothman A motion to reconsider was laid on KUCINICH changed their vote from Deal Knollenberg Roukema DeLay Kuykendall Roybal-Allard the table. ‘‘nay’’ to ‘‘yea.’’ DeMint LaHood Royce Stated for: So the previous question was ordered. Deutsch Largent Rush Mr. STEARNS. Mr. Speaker, on rollcall No. The result of the vote was announced Diaz-Balart Larson Ryan (WI) 581, I was unable to vote. Had I been present, as above recorded. Dixon Latham Ryun (KS) Dooley LaTourette Sabo I would have voted ‘‘aye.’’ Stated for: Doolittle Leach Salmon f Mr. STEARNS. Mr. Speaker, on rollcall No. Doyle Levin Sanchez 580, I was unable to vote. Had I been present, Dreier Lewis (CA) Sanders PERSONAL EXPLANATION I would have voted ‘‘yea.’’ Duncan Lewis (KY) Sandlin Mr. RILEY. Mr. Speaker, I was unavoidably Dunn Linder Sanford The SPEAKER pro tempore (Mr. Edwards LoBiondo Sawyer detained for rollcall No. 577, on approving the LAHOOD). The question is on the resolu- Ehlers Lowey Saxton Journal of October 30, 2000. Had I been tion. Ehrlich Lucas (KY) Scarborough present I would have voted ‘‘yea.’’ Mr. Speak- The question was taken; and the Emerson Lucas (OK) Schaffer er, I was unavoidably detained for rollcall No. Engel Luther Schakowsky Speaker pro tempore announced that English Maloney (CT) Scott 578, on passage of a bill making further con- the ayes appeared to have it. Eshoo Manzullo Sensenbrenner tinuing Appropriations for Fiscal Year 2001.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25525 Had I been present I would have voted ‘‘yea.’’ Elementary and Secondary Education Act of Maine. The rule also provides for the Mr. Speaker, I was unavoidably detained for 1965; and adoption of a concurrent resolution di- rollcall No. 579, on setting the Hour of meeting (2) provide local educational agencies the recting the Clerk of the House of Rep- maximum discretion within the scope of con- resentatives to make certain correc- for October 31, 2000. Had I been present I ference to spend Federal education funds to would have voted ‘‘yea.’’ Mr. Speaker, I was improve the education of their students. tions in the enrollment of the bill, H.R. unavoidably detained for rollcall No. 580, on 2614, to amend the Small Business In- f ordering a vote on the previous question. Had vestment Act to make improvements I been present I would have voted ‘‘yea.’’ Mr. PROVIDING FOR CONSIDERATION to the certified development company, Speaker, I was unavoidably detained for roll- OF S. 2485, SAINT CROIX ISLAND House Report 106–1016. call No. 581, on passage of a bill providing for HERITAGE ACT I want to make it clear that we are consideration of certain joint resolutions mak- Mr. DIAZ-BALART. Mr. Speaker, by considering S. 2485. The text of the re- ing further continuing appropriations for FY direction of the Committee on Rules, I port that the Committee on Rules filed 2001. Had I been present, I would have voted call up House Resolution 663 and ask to accompany this resolution incor- ‘‘yea.’’ for its immediate consideration. rectly states in the summary of the f The Clerk read the resolution, as fol- resolution that the resolution provides lows: for the consideration of H. 2485 when in ANNOUNCEMENT OF INTENTION TO fact it was meant to state that the rule OFFER MOTION TO INSTRUCT H. RES. 663 Resolved, That upon the adoption of this provides for the consideration of S. CONFEREES ON H.R. 4577, DE- 2485. PARTMENTS OF LABOR, HEALTH resolution it shall be in order to consider in the House the bill (S. 2485) to direct the Sec- The rule provides 1 hour of debate in AND HUMAN SERVICES, AND retary of the Interior to provide assistance the House divided equally between the EDUCATION, AND RELATED in planning and constructing a regional her- chairman and ranking minority mem- AGENCIES APPROPRIATIONS ACT itage center in Calais, Maine. The bill shall ber of the Committee on Resources. 2001 be considered as read for amendment. The Further, the rule waives all points of Mr. HOEKSTRA. Mr. Speaker, pursu- previous question shall be considered as or- order against consideration of the bill dered on the bill to final passage without in- ant to clause 7(c) of rule XXII, I hereby tervening motion except: (1) one hour of de- and provides for one motion to recom- notify the House of my intention to bate equally divided and controlled by the mit with or without instructions. offer the following motion to instruct chairman and ranking minority member of Finally, the rule provides that a con- House conferees on H.R. 4577, a bill the Committee on Resources; and (2) one mo- current resolution directing the Clerk making appropriations for fiscal year tion to recommit. to make certain corrections to the en- 2001 for the Departments of Labor, SEC. 2. A concurrent resolution consisting rollment of H.R. 2614 is adopted. Health and Human Services, and Edu- of the text printed in section 3 is hereby Mr. Speaker, in essence what this cation. adopted. two-part rule will accomplish is the SEC. 3. The text specified in section 2 is as following: the first part provides for The form of the motion is as follows: follows: Mrs. HOEKSTRA moves that the managers ‘‘Resolved by the House of Representatives the consideration of S. 2485, which di- on the part of the House at the conference on (the Senate concurring), That, in the enroll- rects the Secretary of the Interior to the disagreeing votes of the two Houses on ment of the bill (H.R. 2614) to amend the work with Federal, State, and local the Senate amendment to the bill H.R. 4577 Small Business Investment Act to make im- agencies, historical societies and not- be instructed to choose a level of funding for provements to the certified development for-profit organizations to facilitate the Inspector General of the Department of company program, and for other purposes, the development of a Regional Herit- Education that reflects a requirement on the the Clerk of the House of Representatives age Center in downtown Calais, Maine, Inspector General of the Department of Edu- shall make the following corrections: before the 400th anniversary of the set- cation, as authorized by section 211 of the ‘‘(1) In section 1, insert before ‘are hereby Department of Education Organization Act, enacted into law’ the following: ‘, as modi- tlement of the Saint Croix Islands. to use all funds appropriated to the Office of fied in accordance with section 3,’. Saint Croix Island is located in the Inspector General of such Department to ‘‘(2) In section 2, insert before the period at Saint Croix River, which forms the comply with the Inspector General Act of the end the following: ‘, modified in accord- boundary between Canada and the 1978, with priority given to section 4 of such ance with section 3’. United States and the State of Maine. Act. ‘‘(3) Add at the end the following new sec- Now, in 1604 and 1605, Pierre Dugua f tion: Sieur de Mons, with his company, es- ‘‘ ‘SEC. 3. MODIFICATION TO TEXT OF BILL EN- ANNOUNCEMENT OF INTENTION TO tablished a French settlement on the ACTED BY REFERENCE. island predating the English settle- OFFER MOTION TO INSTRUCT ‘‘ ‘The modification referred to in sections CONFEREES ON H.R. 4577, DE- 1 and 2 is to the text of the bill H.R. 5538, as ment at Jamestown, Virginia, in 1607. PARTMENTS OF LABOR, HEALTH referred to in section 1(1), and is as follows: Saint Croix Island International His- AND HUMAN SERVICES, AND the quoted matter in the amendment pro- toric Site is administered by the Na- EDUCATION, AND RELATED posed to be made by section 2 of such bill is tional Park Service, preserving the site AGENCIES APPROPRIATIONS ACT modified by striking ‘‘June 30, 2000’’ and in- as a monument to the beginning of the serting ‘‘December 31, 2000’’.’ ’’. 2001 United States and of Canada. The SPEAKER pro tempore (Mr. S. 2485 directs the Secretary of the Mr. SCHAFFER. Mr. Speaker, pursu- LAHOOD). The gentleman from Florida Interior to work with Federal, State ant to clause 7(c) of rule XXII, I hereby (Mr. DIAZ-BALART) is recognized for 1 and local agencies, historical societies serve notice to the House of my inten- hour. and nonprofits to provide assistance in tion tomorrow to offer the following Mr. DIAZ-BALART. Mr. Speaker, for planning, constructing and operating a motion to instruct House conferees on purposes of debate only, I yield the cus- Regional Heritage Center in downtown H.R. 4577, a bill making appropriations tomary 30 minutes to the gentleman Calais. The bill authorizes the Sec- for fiscal year 2001 for the Departments from Massachusetts (Mr. MOAKLEY), retary to enter into cooperative agree- of Labor, Health and Human Services pending which I yield myself such time ments, the appropriation of $2 million and Education. as I may consume. During consider- for design and construction of the facil- The form of the motion is as follows: ation of this resolution, all time yield- ity, and such sums as are necessary to Mr. SCHAFFER moves that the managers on ed is for the purpose of debate only. maintain and operate interpretive ex- the part of the House at the conference on Mr. Speaker, House Resolution 663 is hibits. the disagreeing votes of the two Houses on a closed rule providing for the consid- The Congressional Budget Office esti- the Senate amendment to the bill H.R. 4577 be instructed to insist on those provisions eration of S. 2485 to direct the Sec- mates that implementing S. 2485 would that— retary of the Interior to provide assist- cost $2 million over the next 3 fiscal (1) maintain the utmost flexibility possible ance in planning and constructing a years. Additional annual expenses to for the grant program under title VI of the Regional Heritage Center in Calais, help operate and maintain the center

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25526 CONGRESSIONAL RECORD—HOUSE October 30, 2000 once it is completed in 2004 would not at the expense of the average American for, and it is noninflationary due to the be significant. people. It does not include $25 million following reason, and I support the tax The bill was introduced by Senators in interest-free financing for school provisions in the bill, and I urge the COLLINS and SNOWE of Maine on April construction supported by a bipartisan President to sign this bill. 27, 2000, and passed the Senate by unan- group of 230 Members of Congress. That Mr. Speaker, if that boss does not get imous consent on October 5. bill the President said he would sign, a helping hand, he will grant that min- The second part of the rule dealing and it would enable 6,000 American imum wage by law, but he will lay off with the tax bill’s enrollment and the schools to be modernized. some of those very people we are trying minimum wage, is necessary because Furthermore, the tax bill does not in- to help at the bottom end of the ladder the Democratic leadership would not clude funding for 100,000 new teachers, due to the constraints that may be grant unanimous consent for the House emergency school repairs, teacher placed upon him. I think there is fair- to make this correction, which in es- training or after-school programs. In- ness in this bill. sence helps to preserve the minimum stead, Mr. Speaker, it contains tax re- I have been listening to all of this wage. When drafting H.R. 5538, the por- lief for big businesses, HMOs, and in- talk about HMOs and hospitals. I want tion of the tax relief bill providing for surance companies. It also does not do someone to tell me what hospital asso- increases in the minimum wage, there enough for hospitals that were hurt ciation or group opposes this bill? They was an error which could have the un- and hurt very badly by the balanced all support the bill. But let us look now intended result of eliminating the min- budget cuts in Medicare. Instead, Mr. at managed care, which is really man- imum wage for a 6-month period. As a Speaker, it directs a disproportionate aged costs. This did not just happen in supporter of the minimum wage, I find amount of funds to the HMOs, who only the last 6 years. We have seen these dy- it very difficult to believe but never- serve 15 percent of the Medicare enroll- namics in the last 20 years; and they theless recognize that the leadership ees but get 40 percent of the funding. were not fixed by either party so the on the other side of the aisle is playing Despite a few good points, Mr. Speak- private sector gave us the cold turkey. politics with this issue. By opposing a er, the overall tax package is really a The private sector started making de- unanimous consent request to make disaster, and I urge my colleagues to cisions based on dollars. I have to give this technical yet critically important insist that it be changed by opposing credit to the bill that has been passed correction, the minority leadership is the previous question. If the previous that is going to be sent to the Presi- creating another roadblock to increas- question is defeated, I will offer an dent. It does make some good changes ing the minimum wage and is actually amendment to fix the minimum wage in the right direction. serving in this situation to eliminate and the Balanced Budget Act so they Let us talk about the minimum the minimum wage. can be signed into law. wage. If we vote against this rule, we The rule, Mr. Speaker, self-executes My amendment, Mr. Speaker, would are voting against the minimum wage, the adoption of a concurrent resolution also raise the national minimum wage because all it was was a technical error which otherwise would not be privi- from $5.15 an hour to $6.15 an hour over in the drafting that says the following: leged to make this technical correction the next year. It will also repair some not less than $5.15 an hour during the so that the minimum wage will con- of the damage done to the hospitals by period ending June 30, and that was a tinue to exist while orderly increases Medicare and Medicaid cuts in the Re- technical error. The language should in that wage take place from $5.15 an publican Balanced Budget Act by pro- have been, during the period ending De- hour to $5.65 and then to $6.15 begin- viding a full hospital and hospice infla- cember 31 of the year 2000. We have ning January of 2002. So let no one be tion update for 2 years. In contrast, Mr. pension reform in this bill. confused. The vote on the previous Speaker, the Republican bill has only a Let us now talk about the school question and the vote on the rule is a 1-year update, then it makes cuts in concerns my colleagues have. I support vote on the minimum wage. the second year. my colleagues on those school con- I would like to repeat that, Mr. Mr. Speaker, the President has made cerns, and there is a Labor-HHS bill to Speaker, if I may. The vote on the pre- it abundantly clear that a vote for the deal with that. It is not and should not vious question and the vote on the rule previous question is a vote against the be in a tax bill. The tax bill is specific. is a vote on the minimum wage. I minimum wage. A vote for the previous This particular rule makes that cler- strongly support this rule and urge my question is also a vote against fixing ical change, the technical correction colleagues to support it as well. the Medicare and Medicaid cuts made that is needed. I want to thank the Mr. Speaker, I reserve the balance of by the Republican Balanced budget leadership for doing it. I think the my time. amendment. So I urge my colleagues to Democrat party should have done this Mr. MOAKLEY. Mr. Speaker, I thank raise the minimum wage. I urge my on unanimous consent, and should have my colleague, the gentleman from colleagues to strengthen Medicare and done it wholeheartedly. The Presi- Florida (Mr. DIAZ-BALART), for yielding Medicaid by defeating the previous dent’s $1 over 2 years is in this tax bill, me the customary half hour, and I question. and the President should take a very yield myself such time as I may con- Mr. Speaker, I reserve the balance of good look at the tax provisions. They sume. my time. are good for America, they are good for Mr. Speaker, the concurrent resolu- workers, they are good for retirees, 1245 tion for which this rule provides con- b they are good for investment, they are sideration will correct one of the mis- Mr. DIAZ-BALART. Mr. Speaker, I good for the boss, and they are good for takes in the tax bill that we passed last yield 5 minutes to the distinguished the workers. week. The way the bill was written, gentleman from Ohio (Mr. TRAFICANT). Mr. MOAKLEY. Mr. Speaker, I yield rather than raising the minimum wage, Mr. TRAFICANT. Mr. Speaker, I am 3 minutes to the gentleman from Texas it really would have eliminated it from not so sure we are talking about the (Mr. STENHOLM). July 1, 2000, to December 31, 2000. So same bill, with all due respect to the Mr. STENHOLM. Mr. Speaker, I this concurrent resolution attempts to gentleman from Massachusetts (Mr. thank the gentleman for yielding me fix that. The problem, Mr. Speaker, is MOAKLEY). The original minimum wage this time. I am constantly amazed at that is all this attempts to fix. bill that was included in the tax pack- the rhetoric on this floor. The vote on Mr. Speaker, if my Republican col- age was $1 spread out over 3 years. The the rule and the previous question has leagues are able to make changes to President of the United States wanted nothing to do with minimum wage, but this bill to fix a 6-month minimum $1 over 2 years. I worked hard with Re- it has everything to do with correcting wage hiatus, I would recommend that publican leaders to look at that aspect; another mistake. It has been acknowl- they not stop there. This partisan tax and included in the tax package is a edged that a mistake was made. Quite package includes a tax break for spe- minimum wage increase of $1 over 2 frankly, there are a lot of mistakes cial interests to the tune of $28 billion years, that the President had asked being made the way we are legislating

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25527 around here, but this is an honest mis- clearly, because they have failed to through now, but yet they claim the take that was made that is being cor- hear previously equally blunt state- responsibility for the economy. And in rected, and there is no disagreement ments. We will not have a final agree- 1993, we call it a tax increase, they call from anyone on correcting that mis- ment that allows us to leave here with- it an economic package. They in- take. out making sure we have given our creased the tax on Social Security, and By defeating the previous question, it health care providers the relief that we did away with that. They took will allow us to correct another mis- they must have. We can do this in a bi- every dime out of the Social Security take. The vote on this rule is a vote partisan way. We can get over this Medicare trust fund; we put it into a about allowing the House to work in a anger, we can get over all of whatever lockbox, but yet they fought that. bipartisan way to provide our rural and it is that we are talking about. That is For a year the ranking minority urban hospitals, teaching hospitals, what this vote is on the previous ques- member said, we want a tax cut for the home health providers, nursing homes tion. Vote down the previous question middle class. First of all, I would ask and beneficiaries that they get the as- and allow us to correct a mistake in my colleagues not to use the term sistance and the relief that they need. Medicare and Medicaid for our hos- ‘‘middle class.’’ There are no middle By voting against the previous ques- pitals and providers and nursing class citizens in this country. There is tion, we can vote on a responsible homes. middle income, but not middle class. package that corrects the short- Mr. DIAZ-BALART. Mr. Speaker, I But yet, even in that package, they in- comings of the Medicare package that yield 5 minutes to the gentleman from crease the tax on the middle income, the Republican leadership put together California (Mr. CUNNINGHAM). and we are talking about the extre- last week, a mistake. Mr. CUNNINGHAM. Mr. Speaker, I mism of the leadership on that side. I Let me remind everyone, the same think this resolution speaks to the rea- think after November 7, they may have people that have been eloquently de- sons that we are here today. We could a new ranking minority member on the fending their package of what they are come together on a lot of things, and Democrat side, because the extreme doing are the same people that wrote we have over this Congress and pre- measures that the Democrats have the Balanced Budget Agreement of vious Congresses, but there is a lot at gone through have not served them 1997. That ought to bother some of my stake, and that is the election of 2000. well. friends on this side. The same people. I think there has been partisanship on Mr. Speaker, if my colleagues on the Now, we should have a full hospital both sides of the aisle, and I would say other side want this to come together prospective payment system update for that the majority of both Republicans with a package that is supported by 2 years, not just 1. Our rural hospitals and Democrats detest what we have to the people that we are trying to help, need certainty. They do not need the go through here on this House floor. because the hospitals support it; the continued uncertainty. They have had I want to tell my colleagues that National Hospital Association supports themselves dug into a hole by the cuts there are things like Medicare and the this package. It gives them the money of the Balanced Budget Agreement health care package that the gen- they needed. I have hospitals in my dis- that the same people that wrote be- tleman from Texas just spoke about. Is trict, many, and because of illegals, lieve now is a new solution. it perfect? No. California has probably Irish illegal immigrants, if you want, It provides improving the formula for more health care providers than any are going to emergency services, driv- rural disproportionate share of hos- other State. It was put there to cut and ing up the cost of health care, and the pitals. In addition, the provisions in reduce the expanding cost of health overhead and the legal liability is kill- the Republican-passed bill, the pro- care, but yet still give quality health ing our hospitals, and they need the ad- posal that we can vote on in a moment, care. Medicare was going to go bank- ditional funds. The nursing homes and what we are trying to offer, would pro- rupt. I heard about Medicare cuts. the rest that my colleagues quoted, vide for a higher level of reimburse- Even when the President signed the those organizations support the bill. ment for hospitals serving low-income Medicare bill, Republicans tried to ex- But yet, my colleagues would fight us individuals. All of us that represent pand, and did expand Medicare from on that side. those constituents know that is need- going bankrupt over 27 years. Mr. Speaker, I would ask that yes, we ed. There is rhetoric from that side of will have campaign finance reform, but It provides a 10 percent bonus for the aisle time and time and time again. it will also deal with the unions, which rural home health agencies to com- The unions put over $100 million JOHN MCCAIN supports, by the way, but pensate for the high cost of travel, against our proposal to save Medicare. he knows that the President would lower volume of patients seen per hour, Even as the President signed it and veto it. Yes, I think in the new Presi- and we know that is needed. It provides now AL GORE takes credit for it, the dent, I think if it is Governor Bush, a 2-year delay in the 15 percent cut in expansion of Medicare, the leadership that we will have meaningful and payments for home health agencies in- on that side fought against it. The Bal- workable, and you will enjoy it, non- stead of the Republicans’ 1-year delay. anced Budget Agreement that I just partisanship. Surely we can reach a bipartisan com- heard about, Alan Greenspan said it is Mr. MOAKLEY. Mr. Speaker, it gives promise on this. one of the key issues in why the econ- me great pleasure to yield 3 minutes to A mistake was made. A mistake was omy is good today. the gentleman from New York (Mr. made. We can correct this mistake by Welfare reform. We have billions of RANGEL), the ranking member of the voting down the previous question. dollars coming into the government Committee on Ways and Means. Again, we keep talking about how do from working Americans instead of bil- Mr. RANGEL. Mr. Speaker, the gen- we resolve this? Why did the leadership lions of dollars going out. tleman from California gave a lot of not accept the President’s offer to Capital gains reductions. My col- answers to questions that never were meet yesterday to discuss an agree- leagues said, oh, that is just a tax asked, but if we are going to get out of ment of responsible tax relief in a break for the rich. But again, Alan this Congress, and he represents the Medicare package that provides assist- Greenspan said it is one of the key fac- moderate view on the other side, we ance to health care providers as well as tors that not only created jobs and ex- have far more difficulties that I ex- beneficiaries instead of providing over panded the economy, but it paid for pected. 40 percent of the funding for HMOs? itself. All we are asking is that we vote Why did we not? We keep blaming, Listen to the debate over here. Ev- down the previous question to give us talking about world series games and erything that expanded the economy, an opportunity to create a rule that all of this. That is history. Yesterday, the Democrat leadership fought can deal with some of the problems the President was there. against. As a matter of fact, not a sin- that keep us here locked into the Con- Let me repeat what I said during the gle Clinton-Gore budget ever passed gress. I would like to believe on the previous debate so our leaders can hear the House or the Senate from 1994 question of minimum wage that there

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25528 CONGRESSIONAL RECORD—HOUSE October 30, 2000 are just as many Republicans that Mr. MOAKLEY. Mr. Speaker, I yield sity of plan and animal species. It is would like to get a vote on this as 5 minutes to the gentleman from Maine also a place of diverse cultures from there are Democrats. This would give (Mr. BALDACCI), the House sponsor of the Passamaquoddy, the ‘‘People of the us an opportunity not only to correct the St. Croix Island Heritage Act with Dawn,’’ to the first European settlers the mistake that obviously has been the center being established in Calais, on the Island of St. Croix in 1604. made by the Republicans, but to give Maine. I support this legislation. It is sup- us once again an opportunity to go to Mr. BALDACCI. Mr. Speaker, I would ported by the Parks Service. It is sup- the table and work out something that like to thank the gentleman from Mas- ported by the administration. we can conclude is good for the Amer- sachusetts (Mr. MOAKLEY), the ranking Mr. Speaker, I also would like to ican people and go home. member, for yielding me this time and have entered into the RECORD the for his leadership on the Committee on statement by the gentleman from b 1300 Rules. North Dakota (Mr. POMEROY), who is a Clearly, we have a bill before us, the Mr. Speaker, as the sponsor of the frequent visitor of Calais, Maine, and St. Croix Island Heritage Act; and Re- legislation on the House side, H.R. 4815, has numerous friends and would like to publicans now are trying to put the that was a companion bill to the Sen- have that entered into the RECORD. minimum wage repeal correction on it, ate bill that was introduced by Senator Mr. DIAZ-BALART. Mr. Speaker, I which means they want to correct the COLLINS and Senator SNOWE, I would yield myself such time as I may con- mistake that they have made. like to just speak to that portion that sume. We have, at this point, no other We want to correct both of these mis- deals with the St. Croix Island Herit- speakers. We may have another. takes by having a better rule that age Act, which is located in Calais, Mr. Speaker, I was shown a copy of gives us an opportunity to have a bal- Maine, on the border between Maine the previous question amendment that anced budget giveback bill that really and New Brunswick. It has been re- the minority is proposing. They pro- pose to strike H.R. 5543, which is the helps the hospitals in the rural areas ferred to as St. Croix Island River, Medicare giveback bill, which by the and the inner-cities. And, certainly, which is the international boundary way is supported by all providers. Now, this would give us an opportunity to between the United States and Canada, the handout that the other side has get out of Washington and get back the only international historic site in given their Members talks about HMOs home and get into our districts. the National Parks system located 8 It makes no difference how much we and HMOs and HMOs. miles down river from Calais, Maine. No, no, no. All providers support the lock into what we honestly believe. St. Croix Island is the site of one of The only way we can succeed is by increase in Medicare which we have the first French attempts in 1604 to achieved, and this legislation provides coming together in some type of an colonize the territory they called Aca- agreement. We all may not get all of for $31.5 billion over 5 years. Now they dia. It is one of the first locations of want to substitute it with a bill that the things that we want, but certainly the earliest European settlements in there is some basic things that we we are still waiting for. We have not North America. The island lies west of even seen a copy. think that should be included in a bill the international border and can be So I have learned a lot in my 8 years for us to get home. The rural dis- seen from a National Park Service here, but I have to admit this is one of proportionate share hospitals, in addi- sighting on the main shore of the St. the most amazing things I have seen, tion to provisions in the Republican- Croix River. The island can also be coming to the floor and opposing legis- passed bill, provides for higher level of seen from a Parks Canada facility on lation in the context of a technical cor- reimbursement for rural hospitals that the New Brunswick shore of the St. rection with which we are seeking to are serving low-income individuals. Croix River. keep the minimum wage on the books, My colleagues are not going to tell The Down East Heritage Center, and in the context of opposing that me that any national, State, or re- which this legislation seeks to author- technical correction, seeking to strike gional hospital association would not ize, seeks to preserve, interpret, and legislation that provides for over $30 believe that hospitals are really having develop the historical, cultural, and billion for providers for Medicare, and fiscal problems, whether in the rural natural resources of Maine’s most east- not even having shown us, the other areas or whether in the inner-cities, be- ern region, Washington County. side of the aisle, a copy of the legisla- cause low-income people or working Through the interpretation and preser- tion. people with no insurance have an in- vation of the rich resources in this vast Well, I never cease to learn in this ability to pay. This is something that and rural area, the Down East Heritage process. But that is what the other we should want to fix, not as Demo- Center will promote economic develop- side, our friends on the other side of crats, not as Republicans, but as Mem- ment, support educational programs, the aisle, are proposing to do at this bers of Congress. and become a leading destination for time. So it is amazing. Mr. Speaker, so as Republicans have heritage tourism. Mr. Speaker, what we are doing, and made mistakes with the minimum The Down East Heritage Center is a I want to reiterate, what we are doing wage in not wanting to repeal it in its project of the St. Croix Economic Alli- is a technical correction to make sure entirety, why not come back, revisit it, ance and the Sunrise Economic Coun- that the minimum wage stays on the and give a minimum wage for all the cil. Historically, it has been a hub of books. And so opposing the rule at this American people to have, and also in- shipping commerce on the St. Croix point, and opposing the previous ques- clude with that a decent tax cut for River. The Calais waterfront is being tion, I reiterate, is opposing what we small business employers. Let us try to revitalized as part of a comprehensive are seeking to do today, which is to work together and get out of here and waterfront development plan. In east- make sure that the minimum wage go home and try to earn reelection, at ern Maine, a remnant of quiet wilder- stays on the books. least for the Democrats. ness flourishes. The watershed of Mr. Speaker, I reserve the balance of Mr. DIAZ-BALART. Mr. Speaker, I Passamaquoddy Bay reaches from for- my time. ask for the remaining time on each ested uplands fed by pristine brooks Mr. MOAKLEY. Mr. Speaker, I yield side. and rivers and dotted with ancient bog myself such time as I may consume The SPEAKER pro tempore (Mr. lands to tidal shores at the Bay of just to tell the gentleman from Florida LAHOOD). The gentleman from Florida Fundy’s mouth in the Gulf of Maine. (Mr. DIAZ-BALART) that ours does the (Mr. DIAZ-BALART) has 151⁄2 minutes re- It is a region of enormous tides, same thing to the minimum wage as maining, and the gentleman from Mas- rocky island cliffs, and seabirds colo- theirs does, but we just go a little fur- sachusetts (Mr. MOAKLEY) has 201⁄2 min- nies, rafts of seals, pods of whales, ther in other matters. utes remaining. salmon runs and fishing eagles. The St. Mr. Speaker, I yield 2 minutes to the Mr. DIAZ-BALART. Mr. Speaker, I Croix River connects a wide variety of gentleman from New Jersey (Mr. reserve the balance of my time. habitat that, in turn, supports a diver- PALLONE).

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25529 Mr. PALLONE. Mr. Speaker, I ask Mr. MOAKLEY. Mr. Speaker, I yield we would not have fixed it today, that that we defeat the previous question 2 minutes to the gentleman from New fixing it would not have been agreed to and allow the Democrats to bring up an Jersey (Mr. MENENDEZ), vice chair of by the Democrats by unanimous con- initiative which the gentleman from the Democratic Caucus. sent. Florida is very much aware of. It basi- Mr. MENENDEZ. Mr. Speaker, the Mr. Speaker, that is really amazing. cally seeks, among other things, to gentleman from Florida, my dear So we are fixing that scriveners mis- correct a lot of the health care inequi- friend, says he is amazed at what he take with this rule so the minimum ties that the Republicans have refused sees on the floor. So am I. wage will stay on the books. Again, I to address in this Congress. The title of this legislation is the St. repeat, a vote on the previous question Now, we know that what the Repub- Croix Island Heritage Act. But Repub- and a vote on the rule is a vote on the lican tax bill did was to basically give licans have to use this legislation in minimum wage. all the money to the HMOs, or most of order to fix their sloppy, inefficient, in- In addition to that, we have legisla- the money to the HMOs because they competent form of legislating that has tion that the gentleman from Cali- are their special-interest friends. The been brought to the floor. fornia (Mr. THOMAS) and others have Republicans refuse to bring up the Pa- It is Republicans ramming through worked on for months to provide over tients’ Bill of Rights. They refuse to legislation, and I am so glad to hear $30 million to the providers, to the bring up a prescription drug program. Governor Bush talk about bipartisan- medical providers in this country. It is The Democrats are saying simply ship. He needs to make a phone call to supported by the medical providers that we want to correct this situation the majority of his party here to talk across the board. $31.5 billion over 5 and make sure if the HMOs are going to them about creating bipartisanship, years in increases in Medicare and pro- to get more money that they have to because it is ramming through the leg- viders throughout the United States provide a 3-year guarantee that they islation without even talking to Demo- are supporting that measure. are going to continue with the program crats that caused, in part, a major mis- b 1315 with the seniors who sign up and that take, leaving minimum wage workers Yet, the other side now comes with a they get the same level of benefits, in- without protection for 6 months. stealth bill, a secret bill that still we cluding prescription drugs. That makes Mr. Speaker, thank God for Demo- are waiting to see, saying that they sense for the average person. crats who pointed out to the Repub- want to fix other issues. No, no. We Mr. Speaker, we are worried about lican majority the error which today have a public bill, $31.5 billion for pro- the average person and how they are they seek to fix. It is Democrats who viders, supported by all medical pro- going to benefit from these health care fought for the minimum wage increase, viders, and we are hit, then, with a initiatives. bringing Republicans kicking and At the same time what we are saying stealth bill. screaming to this issue. And who, in too is that we are going to try to ad- So we would like to see the stealth fact, are here today fighting once again dress the Patients’ Bill of Rights in a bill. not only for the working men and small way by improving the appeals Mr. Speaker, I reserve the balance of women to fix that mistake, but also to provisions for Medicare beneficiaries in my time. fix the mistake they have made on our this bill. The other thing we have been Mr. MOAKLEY. Mr. Speaker, may I saying is that too much money is going hospitals, urban, rural, and teaching request the amount of time remaining to the HMOs and not enough to the hospitals, to ensure that all in the for both sides. hospitals and the home health care community will have the access to the The SPEAKER pro tempore (Mr. agencies and the nursing homes that services they provide. LAHOOD). The gentleman from Massa- need more money, because a lot of Mr. Speaker, we deserve to fix the chusetts (Mr. MOAKLEY) has 13 minutes them are closing or not able to provide mistakes not only on the minimum remaining. The gentleman from Flor- wage, but we also deserve to fix the 1 a sufficient quality health care. So we ida (Mr. DIAZ-BALART) has 11 ⁄2 minutes correct that as well. mistakes that Republicans have made remaining. Finally, what we have been saying is in reference to our hospitals. They al- Mr. MOAKLEY. Mr. Speaker, I yield that the Republicans refuse to do any- lowed, through their errors, through 1 minute to the gentleman from Texas thing to improve the problem for the their process, and through ramming it (Mr. TURNER). uninsured. There are 42 million Ameri- through, to leave the lowest wage earn- Mr. TURNER. Mr. Speaker, I think it cans that have no health insurance. We ers subject to the corporate excesses of is somewhat disingenuous for our passed a bill a few years ago that ex- the marketplace. Now they would leave friends on the Republican side to advo- panded health care insurance for chil- our hospitals to be ravaged by the cor- cate their Medicare give-back bill just dren, the CHIPS program, and we have porate excesses of the HMO. claiming providers support it. The had a number of other ideas. But the That is something we cannot tol- truth is, if one asks any of the Medi- Republicans instead, they come up erate. It is not something working men care providers and any of the hospitals with this above-line tax deduction in and women can accept. And that is why if they prefer the version that they put their tax bill that does not help any- we must defeat the previous question. on the floor or the version that we are body but people who already have Give us an opportunity to save our trying to offer, I can assure my col- health insurance. hospitals, and, yes, to save the working leagues they will support that which Mr. Speaker, what we are doing in men and women of this country who we are trying to offer. this motion, if we are allowed to bring were left exposed. I want to read to my colleagues a let- it up, is we are saying we want to ex- Mr. DIAZ-BALART. Mr. Speaker, I ter I have from my hospital adminis- pand the kids health care initiative, yield myself such time as I may con- trator from Jasper, Texas. I am trying the CHIPS program. We want to enroll sume. to help many of my rural hospitals. more children. We are trying in a small Mr. Speaker, what we are doing in Here is what he has to say: ‘‘We are ex- way with our initiative here today to this legislation, and it was brought up tremely concerned because as the make sure that the HMOs have to pro- previously by speakers on the other present language reads in the Bill, one- vide the same level of benefits for 3 side of the aisle, technical mistakes third to one-half of BBA relief over 10 years. They have to make sure that are common. Unfortunately, they years would go to the HMOs, leaving there is some way to deal with the Pa- occur. They are scriveners errors, and less for providers and beneficiaries in tients’ Bill of Rights and try to enroll they are resolved with unanimous con- East Texas.’’ more children. It is a small measure, sent requests. But what is amazing is The truth of the matter is only 16 but at least something for the average that the unanimous consent request to percent of the Medicare beneficiaries in guy. fix the minimum wage, so it stays on this country are enrolled in HMO Mr. DIAZ-BALART. Mr. Speaker, I the books for the 6 months that it Medicare+Choice plans. Under the Re- reserve the balance of my time. would have been taken off the books if publican version of this bill, 40 percent

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25530 CONGRESSIONAL RECORD—HOUSE October 30, 2000 of the money goes to those HMOs. That this, because, apparently, facts in his- assist various groups, especially in the is just not right. It is not going to save tory are supposed to be checked at the area of disabled children, who does not our rural hospitals. We can do better. cloakroom door as we come to the floor want to help disabled children? But Mr. Speaker, I include the letter of the House and simply make up what- while AL GORE points to Governor Bush from the Christus Jasper Memorial ever moves someone about dollar and says he has a tax cut for the Hospital Administrator for the amounts or percentage payments. But wealthiest 1 percent, what we have in RECORD, as follows: for what it is worth, the last time hos- this bill is a benefit for disabled chil- CHRISTUS JASPER pitals got a 1-year market basket up- dren whose families, whose families MEMORIAL HOSPITAL, date was in 1985. The average over the have a 600 percent of poverty level. Jasper, TX, October 18, 2000. last decade for market basket updates How ironic. The same 1 percent that AL Congressman JIM TURNER have been market basket minus 1.7. GORE says are being benefited by Cannon House Office Building, So what is being provided in the bill George Bush’s tax provision, they want Washington, DC. that passed the floor is market basket to provide disabled children assistance, DEAR CONGRESSMAN TURNER: I am writing 600 percent of poverty. That is the kind to you as CEO/Administrator of CHRISTUS the 1st year, so for the first time since Jasper Memorial Hospital in Jasper, Texas, a 1985, and then an adjustment from cur- of fine tuning they want for these gov- small and rural Catholic hospital serving the rent law, which is market basket 1.1. ernment programs. citizens of Southeast Texas. We are still That is six-tenths of a point better When one takes a look at this pack- reeling from the devastating cuts of the Bal- than what they have averaged over the age, it is all of the snippets from the anced Budget Act of 1997 and are seeking re- last decade. We cut that in half. So it cutting room floor. There really is not lief at your hands. We are asking for a full is twice as good as current law in anything about patient protections. market basket update from Medicare inpa- terms of the percentage adjustment. There is not anything about prescrip- tient services in 2001 and 2002 and also ex- We continue that for 2 more years. The tion drugs. It is a clear attempt to run pand health care coverage from legal immi- through programs that were brought grants. hospitals have said that is fine. They We are extremely concerned because as the are comfortable. up, voted down in committee, but de- present language reads in the Bill, one-third Now, what I hear is one of the most sired nonetheless to produce a package to one-half of BBA relief over 10 years would amazing arguments one will ever hear that is conservatively in the $50 billion go to HMOs, leaving less for provider and anywhere. Well, but the providers to $60 billion range. But of course we beneficiaries in East Texas, such as would like our bill better. Well, if they do not know for sure. We have not seen CHRISTUS Jasper Memorial Hospital. Fur- thought it had a chance of becoming the language of the bill itself. Of ther, the Bill does not prohibit HMOs from course, the Congressional Budget Of- dropping benefits or leaving the community reality, they would. Who would turn down more money? The question that fice has not scored it. as they have done here in Texas and left Mr. MOAKLEY. Mr. Speaker, I yield many of our patients without HMO coverage. one really has to put to the providers: 31⁄2 minutes to the gentleman from We need your help. Do you want the bird in hand, or do Also rural hospitals need additional help you want try to get the bird in the Michigan (Mr. LEVIN). Mr. LEVIN. Mr. Speaker, there is no by passing re-basing of sole community pro- bush? The answer is the providers are vider status and also Medicare dependent mystery. There is nothing stealth more than happy with what we have about what we are doing. We are tak- hospital status, as we are both. done. I will be glad to discuss this with you at ing a bill that my colleagues put to- However, what one really needs to do any time concerning this very vital issue. If gether, putting accountability into it is take a look at the bill, when and if you have any questions, please do not hesi- for HMOs, and adding the provisions we get a copy in legislative language. I tate to contact me. that many of us have been working for Sincerely, know it was introduced about 20 min- and the President laid out clearly in GEORGE N. MILLER, JR., utes ago. What one will find is, for ex- CEO/Administrator. his veto message or the message which ample, our friends on the other side indicated he might veto it. There is Mr. DIAZ-BALART. Mr. Speaker, I using arguments like a 2-year freeze on 1 nothing secretive about it. yield 5 ⁄2 minutes to the distinguished the graduate medical education. The The reason hospitals are in difficult gentleman from California (Mr. THOM- phrase they use is from their notes: shape the gentleman from California AS). Perhaps he has a copy of the Provides help to the Nation’s premier (Mr. THOMAS) talks about since the stealth bill. teaching and research hospitals. mid-1980s, is because, in 1997, behind Mr. THOMAS. Mr. Speaker, I thank Read that in New York City. New closed doors, talking about a stealth the gentleman from Florida for yield- York City has ripped off the graduate procedure, there were cuts made in re- ing me this time. medical education program for more imbursement provisions way beyond I do not have a copy of the bill that than a decade, funding their basic wel- what anyone imagined. The impact of was introduced today. But if anyone fare costs out of the Federal taxpayers. those cuts is way beyond, way beyond wants to know what it contains, it Last year, with the agreements of the what anyone expected. would be a little bit like going to an gentleman from New York (Mr. RAN- Let me just mention the provisions editing room of a movie producer and GEL) and the Senator from New York, that we are working for. The gen- picking up all the pieces that have Mr. MOYNIHAN, that we would in the tleman from California (Mr. ROHR- been cut out of the movie on the floor 1999 refinement bill make these modest ABACHER), an hour ago, came to this and then stitching it together and call- adjustments to begin to create a more floor in vain against illegal immi- ing it a movie, for example. level playing field between all of our grants. I think he misshaped that argu- It is my understanding that, for hos- fine teaching hospitals; and this at- ment saying we were trying to totally pitals, instead of the negotiated agree- tempts to undo that agreement. open the doors. No, we wanted equity ment, which was more generous for But when one reads on, one finds for people who are here under the same hospitals than was contained, for ex- that, in fact, just last night, we de- circumstances as we granted amnesty ample, in the Committee on Ways and feated a motion to instruct to require to the gentleman from Florida (Mr. Means Subcommittee on Health bill in Medicare+Choice programs to stay in DIAZ-BALART) for those people that he which all of the Democrats on the sub- an area for 3 years. Of course all the ar- represents. committee voted unanimously, it says guments made were the correct ones. Now we are arguing that legal immi- that hospitals should get a 2-year mar- But here we go. They lost last night, grants, legal immigrants should be ket basket update. Does that sound and guess what? Off of the cutting able, under State option, to receive fair? Let them have a 2-year market room floor is another little snippet Medicaid benefits. There is a letter basket update. picked up and folded back in, exactly here from three Governors urging that However, if one reviews the history the same thing. my colleagues grant it, including the of financing of hospitals, one will dis- But when one begins to read the fine Governor of the gentleman from Flor- cover this, and I apologize for doing print in terms of their reaching out to ida (Mr. DIAZ-BALART). He just gives it

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25531 the back of his hand, no the gentleman I believe the closed door session he In my southern Wisconsin district, from Florida (Mr. DIAZ-BALART) per- was referring to was the one that pro- the additional payments are badly sonally. Because we stood out on the duced the Balanced Budget Act of 1997 needed for providers like St. Clare Hos- grass here a month ago, or whenever it on which was voted on in the Com- pital in Baraboo and the Monroe Hos- was, urging that the gentleman’s party mittee on Ways and Means, passed 34 pital and Clinics. It is time to stop grant the States the right to cover to 1, came to the floor, was passed playing politics with these vital issues children and pregnant women legal im- overwhelmingly, and which the admin- that so strongly impact the lives and migrants. His party says no to it. istration negotiated and requested re- health of the people that we represent. Now, in terms of hospitals, look, all ductions, further reductions in pay- Mr. MOAKLEY. Mr. Speaker, I yield we are suggesting is, in the 2nd year, ments to hospitals and other health 2 minutes to the gentleman from Min- my colleagues not cut, because of the care providers. nesota (Mr. LUTHER). impact of the 1997 balanced budget In fact, the President’s budget at Mr. LUTHER. Mr. Speaker, I am here agreement. There is nothing revolu- that time said that the Medicare pro- to highlight certain language that is in tionary. I know where my hospitals, viders should be reduced by more than the Democratic alternative. The lan- the ones that I represent and in the $125 billion over the 10 years. We guage I refer to was language that was metropolitan area are. They want fought the President. We thought it introduced earlier this year by the gen- something other than my colleagues should not have been cut that much. tlewoman from New Mexico (Mrs. WIL- have provided in this bill. Yet, here we are being criticized for SON) and myself. We introduced the leg- People with Lou Gehrig’s Disease, making sure that they were not cut as islation back in July of this year, and they will not act. People who have much as their President wanted to cut it was also included in the Medicare other needs, other preventative condi- them, and it was not behind closed giveback bill that was reported out of tions, they act on some, but they will doors. In fact, it was participated in by the House Committee on Commerce. not act on others. So we have been the administration. The gentleman The language recognizes the great dis- pleading with them to do so. from Michigan (Mr. LEVIN) should be parity that exists today between the We have also asked, in terms of the pleased that Republicans fought back costs and benefits of what seniors in Children’s Health Initiative Program, against the President’s $125 billion ad- States like Minnesota and New Mexico for some assistance to the States so ditional cuts so that the adjustments receive compared to what seniors in they will do better than Texas in terms that we are making now are modest other States receive. of covering uninsured kids. ones referred to both in the 1999 bill Our language will establish new min- There is nothing stealth about this. and in this one as refinements instead imum floor payments and provide re- It is very much in the open. We want a of massive needs to infuse if, in fact, lief to Minnesota seniors who are un- better bill than my colleagues have the President’s program had been fairly treated under the provided, a considerably better bill. agreed to. Medicare+Choice program. Unfortu- We did not think it was right then. Give us the chance. Their fear is, if we nately, health plans have been rapidly We do not think it is right now. The can bring it up, so many Members on withdrawing from Medicare+Choice in idea of a balanced modest refinement their side will vote with us, we will Minnesota. Those that have remained of about $30 billion is appropriate. This pass it. in the program offer Minnesota seniors Mr. DIAZ-BALART. Mr. Speaker, I particular bill we believe is about $50 only minimal health care coverage, yield myself such time as I may con- billion to $60 billion, consisting of all along with high premiums and copay- sume. the items that were left on the cutting ments. However, in other States with Mr. Speaker, I have no doubt that room floor when a reasonable and ap- high reimbursement rates, seniors the gentleman from Michigan (Mr. propriate package were put together. enjoy Medicare benefits such as pre- Mr. MOAKLEY. Mr. Speaker, may I LEVIN) has knowledge, has personal scription drug coverage at no addi- again inquire as to the time remaining. knowledge of a number of the items tional cost. This is unfair. Our legisla- The SPEAKER pro tempore. The gen- tion takes an important first step in that he is pushing and that he is pro- 1 tleman from Massachusetts has 8 ⁄2 rectifying that problem and in creating posing, and some of which I very much minutes remaining. The gentleman agree with. I have no doubt. the right kind of incentives for an effi- from Florida (Mr. DIAZ-BALART) has 31⁄2 What I am saying when I say stealth cient health care delivery system in minutes remaining. legislation is that we do not have a this country. copy, and it was filed 20 minutes ago. b 1330 Mr. Speaker, I want to thank the That is what I am saying. That cannot Mr. MOAKLEY. Mr. Speaker, I yield sponsors of the Democratic alternative be denied. 2 minutes to the gentlewoman from for including this language in the al- So the reality of the matter is that Wisconsin (Ms. BALDWIN). ternative. we are debating here with regard to Ms. BALDWIN. Mr. Speaker, I come Mr. MOAKLEY. Mr. Speaker, I yield large figures and significant pieces of to the House floor today to urge a ‘‘no’’ myself such time as I may consume to legislation which are included in a bill vote on the previous question in order urge my colleagues to vote ‘‘no’’ on the that has just been filed. that we may bring up a clean minimum previous question, because only if the Mr. Speaker, I yield 3 minutes to the wage increase bill and a clean Medicare previous question is defeated will the gentleman from California (Mr. THOM- giveback bill. The resolution that we House be permitted to correct the min- AS). have before us today does not give us imum wage and the Medicare giveback Mr. THOMAS. Mr. Speaker, I thank the opportunity to focus on what is one measures in a way that they can be en- the gentleman for yielding me this of the most important pieces of legisla- acted into law. time. tion before this Congress. Mr. Speaker, if the previous question Mr. Speaker, I want just to briefly For 2 years, we have been hearing is defeated, I will offer a germane indicate, and I know the gentleman from constituents in the health care amendment to the rule to fix the small from Michigan (Mr. LEVIN) feels community about the dire need to re- business bill so that the President will strongly about the issue, he referenced store funding cuts made in the Medi- sign it. the current law of the land as having care program in 1997. The Medicare Mr. Speaker, the text of my amend- been written behind closed doors. Per- funding is vital to rural and teaching ment is as follows: haps he was not in the room when I in- hospitals, home health agencies and PREVIOUS QUESTION AMENDMENT CONFERENCE REPORT ON THE SAINT CROIX ISLAND HERIT- dicated that the gentleman from New others who were put in financial dis- AGE ACT York (Mr. RANGEL) and the Senator tress by those Medicare cuts of 1997 and In the resolution, strike section 3 and in- from New York, Mr. MOYNIHAN, were in literally could mean the difference be- sert the following: the room when we dealt with the issues tween staying open and having to shut ‘‘SEC. 3. The text specified in section 2 is as in the Refinement Act of 1999. their doors. follows:

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25532 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Resolved by the House of Representatives (the vote on the minimum wage. It is a vote passed bill, but provides increases only if the Senate concurring), That in the enrollment of on the previous question and then the plan commits to stay in a community with a the bill (H.R. 2614), to amend the Small Busi- vote on the rule, but they are votes on defined package of benefits for a three year ness Investment Act to make improvements the minimum wage. period. to the certified development company pro- Medicare Coverage for Individuals with gram, and for other purposes, the Clerk of Mr. RANGEL. Mr. Speaker, today, Rep- ALS (Lou Gherig’s disease): Waives 24-month the House of Representatives shall make the resentative DINGELL and I introduced a bill, waiting period for individuals diagnosed with following corrections: H.R. 5601, to improve greatly the Medicare ALS so that they can become eligible for (1) In section 1, insert before ‘‘are hereby and Medicaid bill currently pending before the coverage under Medicare immediately. Be- enacted into law’’ the following: ‘‘as modi- House and Senate. cause of the speed with which ALS pro- fied in accordance with section 3,’’. The following outline describes how we gresses, these individuals would likely other- (2) In section 2, insert before the period at wise be dead before ever getting Medicare would have significantly improved the nation’s coverage. Capps bill cosponsored by 282 the end the following: ‘‘, modified in accord- health care programs. ance with section 3’’. House Members. (3) Add at the end the following new sec- We saw an opportunity this morning to offer Medicare Appeals provision: makes the tion: this bill as an amendment to other legislation provision in the Republican-passed bill work- able and similar to the Patient Bill of Rights SEC. 3. MODIFICATION TO TEXT OF BILL EN- today, so it was assembled quickly, and I ACTED BY REFERENCE AND MODI- apologize for any technical errors or over- protections for Medicare beneficiaries. FICATION OF A REFERENCE. sights. Basically, the bill takes the Republican- Needlestick safety for workers in public The modification referred to in sections 1 hospitals. passed Medicare and Medicaid give-backs bill, Hospital-based SNF and Home Health and 2 is to the text of the bill H.R. 5538, as cleans up some problems in their coverage Agency geographic reclassification (provi- referred to in section 1(1), and is as follows: and appeals area, and adds in the various sion from Commerce Committee-reported The text of such bill is modified by striking bill. all after the enacting clause and inserting items included in the Administration’s letter ex- the following: plaining how the bill should be changed to MEDICAID AND CHIP PROVISIONS—FROM COMMERCE-PASSED BIPARTISAN PACKAGE ‘‘SECTION 1. SHORT TITLE. avoid a veto (the Shalala-Lew letter). Medicaid Disproportionate Share Hospital ‘‘This Act may be cited as the ‘Minimum Mr. Speaker, Democrats will keep trying to (DSH) Increased Payments: Freeze Medicaid Wage Act of 2000’. improve the Republican Medicare and Med- DSH cuts at 2000 levels. Annual update of ‘‘SEC. 2. MINIMUM WAGE INCREASE. icaid bill. We ask that the majority stop the stonewalling and negotiate with us so that we DSH allotment for inflation beginning in ‘‘Paragraph (1) of section 6(a) of the Fair 2001 and thereafter, and eliminates the Labor Standards Act of 1938 (29 U.S.C. 206(a)) can mutually deliver a comprehensive im- ‘‘cliff’’ in FY 2003 allotments that was in the is amended to read as follows: provement in these key social programs. Republican bill. ‘‘ ‘(1) except as otherwise provided in this DEFEAT THE PREVIOUS QUESTION: ALLOW DEMOCRATS Optional Coverage of Legal Immigrant section. Not less than $5.15 an hour during TO OFFER THE FOLLOWING AMENDMENT Children and Pregnant Women in Medicaid the period ending December 31, 2000, not less DEMOCRATS TAKE REPUBLICAN-PASSED MEDICARE/MED- and CHIP: States may extend coverage to than $5.65 an hour during the year beginning ICAID GIVE-BACKS BILL AND MAKE MAJOR IMPROVE- legal immigrant children and pregnant January 1, 2001, and not less than $6.15 an MENTS women who have lawfully resided in the U.S. hour beginning January 1, 2002;’.’’. for 2 years. Sponsors of immigrants would The alternative includes all the provisions SEC. 2. CHANGE OF BILL NUMBER REFERRED TO not incur a debt for cost of Medicaid benefits which passed the House Thursday in HR 2614, IN CONFERENCE REPORT. provided and not asked to repay the value of and makes the following changes and addi- In the enrollment of the bill referred to in medical care after the 2-year period had been tions: the first section of this resolution, the Clerk met. Full hospital Prospective Payment System shall make the following correction: in sec- Improved/Expanded Outreach Sites for en- update for two years; The Republican bill tion 1(3), strike ‘‘H.R. 5543, as introduced on rollment in Medicaid and CHIP: State option had only a one year update, and cuts in the October 25, 2000’’ and insert ‘‘H.R. 5601, as in- to allow additional entities to determine next two years. Hospitals reeling from BBA troduced on October 30, 2000’’. children ‘‘presumptively eligible’’ for health cuts need two years of full inflation adjust- Mr. MOAKLEY. Mr. Speaker, I yield insurance in Medicaid or CHIP. ment. Improving Welfare to Work Transition: Ex- back the balance of my time. Graduate Medical Education Payments, 2 tends Transitional Medicaid Assistance Mr. DIAZ-BALART. Mr. Speaker, I year freeze at the 6.5 percent, compared to (TMA) program for one additional year. yield 1 minute to the gentleman from Republican-passed one year freeze, and a cut (This program provides Medicaid health in- California (Mr. THOMAS) for a point he in the second year. Provides help to nation’s surance for up to one year for families [up to wants to make. premier teaching and research hospitals. 185 percent of poverty] who are transitioning Rural Disproportionate Share Hospitals: in Mr. THOMAS. Mr. Speaker, I appre- from welfare to work.) Gives states the op- addition to the provisions in the Republican- tion to simplify requirements for reporting ciate the gentleman yielding me this passed bill, provides for a higher level of re- time. eligibility. Gives states that already cover imbursement for rural hospitals serving low individuals up to 185 percent the option to be I just want to remind all my col- income individuals. exempt from TMA requirement. leagues on the other side of the aisle Nursing Home staffing and quality: in- Improved Outreach/Enrollment in Cost- that if they do want to support this cludes bipartisan proposals to provide an ad- Sharing Assistance Programs for Low-In- legislation, they must understand that ditional $1 billion/5 years to assist nursing come Medicare Beneficiaries: Secretary of with the $20-plus billion they are put- homes on improving staffing. Recent studies HHS to consult with states, beneficiary show that many homes need to make major groups to develop a simplified application ting in both for graduate medical edu- improvements in staffing levels. cation, for hospitals, and for the other form for applying for Qualified Medicare Home health agencies: provides a 2 year Beneficiary (QMB) and Specified Low-Income payment increases, that it in fact in- delay in the 15 percent cut in payments in- Medicare Beneficiary (SLMB) programs. Sec- creases the Medicare+Choice amount stead of the Republicans 1-year delay. retary would make form available in all So- as well. Rural home health agencies, provide a 10 cial Security offices, as well as other sites For all of my colleagues on the other percent bonus for service in rural areas to frequented by seniors within one year of en- side of the aisle who have been indi- compensate for the high cost of travel, lower actment. volume of patients seen per hour. Health Insurance for Disabled Children: cating they do not want money to go to Hospice, full two year update, in lieu of the the Medicare+Choice programs, I just Democrats include the Family Opportunity Republicans one-year update. Hospices need Act which allows working families with in- do believe as a matter of honesty that increased payments to deal with soaring cost comes above the Social Security limit to they need to know that if they support of pharmaceuticals. buy-in to Medicaid coverage. the language in their bill, the Puerto Rico Hospitals, improved pay- Medicaid recognition of physician assist- Medicare+Choice payments will go up ments. The Democratic bill includes the ant (PA) services. significantly, perhaps as much as $10 Ways and Means Health Subcommittee and Mr. POMEROY. Mr. Speaker, I rise in sup- billion to $15 billion. Senate Finance Committee proposal to in- crease Puerto Rican hospital payments, port of S. 2485, an act to develop a regional Mr. DIAZ-BALART. Mr. Speaker, I which was dropped in the Republican-only heritage center for the St. Croix Island Inter- yield myself such time as I may con- negotiations. national Historic Site in Calais, Maine. sume to urge adoption of the rule and Medicare+Choice program: Retains the As we prepare to celebrate the bicentennial remind my colleagues that this is a payment improvements in the Republican- of the historic Lewis and Clark expedition

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.000 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25533 opening up the West, it is also important to that serve a disproportionate share of the low- Ryan (WI) Smith (NJ) Toomey Ryun (KS) Smith (TX) Traficant note that the 400th anniversary of the first Eu- income and uninsured. Salmon Souder Upton ropean settlements established in North Amer- I urge my colleagues on both sides of the Sanford Spence Vitter ica—including the St. Croix Island settlement aisle to support this amendment. Our pro- Saxton Stump Walden established 396 years ago. viders and beneficiaries back home are count- Schaffer Sununu Walsh Sensenbrenner Sweeney Wamp This site—the St. Croix Island—is a strik- ing on it. Sessions Tancredo Watts (OK) ingly beautiful site in the St. Croix River, the Mr. DIAZ-BALART. Mr. Speaker, I Shadegg Tauzin Weldon (PA) river which forms the border between the yield back the balance of my time, and Sherwood Terry Weller Shimkus Thomas Wicker United States and Canada. As such, it is a I move the previous question on the Simpson Thornberry Wilson jointly operated site by the United States and resolution. Skeen Thune Young (AK) Canada—the only internationally operated his- The SPEAKER pro tempore (Mr. Smith (MI) Tiahrt Young (FL) toric site in the entire park system. LAHOOD). The question is on ordering NAYS—169 I have been to the areas in each of the last the previous question. 5 years and have found it to be a fascinating The question was taken; and the Andrews Gutierrez Obey Baca Hall (OH) Olver area to explore and learn about its rich history. Speaker pro tempore announced that Baird Hill (IN) Ortiz With the approaching anniversary, it is im- the ayes appeared to have it. Baldwin Hinchey Owens portant to move now to get the infrastructure Mr. MOAKLEY. Mr. Speaker, I object Barcia Hinojosa Pallone Barrett (WI) Hoeffel Pastor in place to facilitate those who will come to the to the vote on the ground that a Becerra Holden Pelosi area in the years ahead. quorum is not present and make the Bentsen Holt Phelps I am pleased to see the bill providing for the point of order that a quorum is not Berkley Hooley Pomeroy construction of a heritage center at Calais, present. Berman Hoyer Price (NC) Berry Inslee Rahall Maine as part of this infrastructure. Calais is a The SPEAKER pro tempore. Evi- Bishop Jackson (IL) Rangel delightful town in wonderful Washington Coun- dently a quorum is not present. Blagojevich Jackson-Lee Reyes ty and is close to the island while being a The Sergeant at Arms will notify ab- Blumenauer (TX) Rivers crossroads for international traffic and tourism. Bonior Jefferson Rodriguez sent Members. Borski John Roemer It will enhance and increase tourist interest in Pursuant to clause 9 of rule XX, the Boswell Kennedy Rothman this important historic site. I have become well Chair will reduce to a minimum of 5 Boyd Kildee Roybal-Allard acquainted with the people of Calais over the minutes the period of time within Brady (PA) Kilpatrick Rush Capps Kind (WI) Sabo last several summers and have found them to which a vote by electronic device, if or- Capuano Kleczka Sanchez be friendly and helpful to those visiting the dered, will be taken on the question of Cardin Kucinich Sanders area. They will be a great host for the center. agreeing to the resolution. Carson Lampson Sandlin I commend Representative JOHN BALDACCI Clay Larson Schakowsky The vote was taken by electronic de- Clayton Lee Scott for his leadership in getting this matter brought vice, and there were—yeas 189, nays Clement Levin Serrano to the floor for our action today. He is a great 169, not voting 74, as follows: Clyburn Lewis (GA) Sherman ambassador for his district and, as our legisla- Condit Lofgren Shows [Roll No. 582] Costello Lowey Sisisky tive action on this matter represents, a very ef- YEAS—189 Coyne Lucas (KY) Skelton fective representative of the region in Con- Cramer Luther Slaughter Aderholt Dunn Kingston Cummings Maloney (CT) Smith (WA) gress. Armey Ehlers Knollenberg Davis (FL) Markey Stabenow Mr. DINGELL. Mr. Speaker, I rise in support Bachus Ehrlich Kuykendall DeFazio Matsui Stenholm Baker Emerson LaHood of the Democratic amendment to be offered by DeGette McCarthy (NY) Strickland Baldacci English Largent Mr. MOAKLEY if the vote on the previous ques- DeLauro McDermott Stupak Ballenger Ewing Latham Deutsch McGovern Tanner tion is defeated. This amendment would make Barrett (NE) Fletcher LaTourette Dicks McIntyre Tauscher Bartlett Foley Leach vast improvements over the legislation offered Dingell McKinney Taylor (MS) Barton Fossella Lewis (CA) by the Republican leadership. Dixon McNulty Thompson (CA) Bass Frelinghuysen Lewis (KY) Doggett Meehan Thompson (MS) In my home state of Michigan and in every Bereuter Gallegly Linder Dooley Meek (FL) Thurman other state across the country, Medicare and Biggert Ganske LoBiondo Doyle Meeks (NY) Tierney Bilbray Gekas Lucas (OK) Medicaid beneficiaries and providers are look- Edwards Menendez Towns Bilirakis Gibbons Manzullo ing to Congress to address the program cuts Engel Millender- Turner Bliley Gilchrest McCrery Eshoo McDonald Udall (CO) enacted in 1997. The Republican leadership Blunt Gillmor McHugh Etheridge Miller, George Udall (NM) offered a bill last week that was woefully inad- Boehlert Gilman McKeon Evans Minge Vela´ zquez Boehner Goode Miller (FL) equate—it omitted key beneficiary protections, Farr Mink Visclosky Bonilla Goodlatte Miller, Gary Filner Moakley Waters shortchanged providers, and dumped billions Bono Goodling Moran (KS) Ford Mollohan Watt (NC) of dollars to HMOs without requiring any ac- Bryant Goss Morella Frost Moore Waxman Burr Graham Myrick countability. Gejdenson Moran (VA) Weiner Burton Granger Nethercutt The Democratic alternative includes the Gephardt Murtha Wexler Buyer Green (WI) Ney Gonzalez Nadler Woolsey good provisions of the Republican bill, but Callahan Greenwood Northup Gordon Napolitano Wu makes up the difference where the Republican Calvert Gutknecht Norwood Green (TX) Oberstar Wynn bill fell short. The Democratic amendment in- Camp Hall (TX) Nussle Canady Hansen Packard cludes program improvements for seniors, the Cannon Hastings (WA) Paul NOT VOTING—74 disabled, working families, pregnant women, Castle Hayes Pease Abercrombie Forbes Maloney (NY) and children. The bill improves outreach and Chabot Hayworth Peterson (MN) Ackerman Fowler Martinez enrollment for low-income seniors in cost-shar- Chambliss Herger Peterson (PA) Allen Frank (MA) Mascara Chenoweth-Hage Hill (MT) Petri Archer Franks (NJ) McCarthy (MO) ing assistance programs; allows families to Coble Hilleary Pickering Barr Hastings (FL) McCollum keep health insurance coverage as the transi- Coburn Hobson Pitts Boucher Hefley McInnis tion from welfare to work; allows states the op- Collins Hoekstra Pombo Brady (TX) Hilliard McIntosh Combest Horn Porter Brown (FL) Hulshof Metcalf tion to provide health insurance coverage to Cook Hostettler Portman Brown (OH) Johnson, E.B. Mica legal immigrant children and pregnant women; Cox Houghton Pryce (OH) Campbell Jones (OH) Neal and provides working families the opportunity Cubin Hunter Quinn Conyers Kanjorski Ose to buy-in to Medicaid coverage for their dis- Cunningham Hutchinson Ramstad Cooksey Kaptur Oxley Davis (VA) Hyde Regula Crane Kasich Pascrell abled child. Deal Isakson Reynolds Crowley King (NY) Payne The Democratic amendment also includes DeLay Istook Rogan Danner Klink Pickett additional assistance to providers who are still DeMint Jenkins Rogers Davis (IL) Kolbe Radanovich reeling from the cuts they took in the 1997 Diaz-Balart Johnson (CT) Rohrabacher Delahunt LaFalce Riley Doolittle Johnson, Sam Ros-Lehtinen Dickey Lantos Sawyer Balanced Budget Act—providers like home Dreier Jones (NC) Roukema Everett Lazio Scarborough health agencies, nursing homes, and hospitals Duncan Kelly Royce Fattah Lipinski Shaw

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.000 H30OC0 25534 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Shays Stearns Weygand Gutknecht McHugh Sanders Lipinski Pascrell Spratt Shuster Talent Whitfield Hall (OH) McIntyre Sandlin Maloney (NY) Payne Stark Snyder Taylor (NC) Wise Hall (TX) McKeon Sanford Martinez Pickett Stearns Spratt Watkins Wolf Hansen McKinney Saxton Mascara Price (NC) Stenholm Stark Weldon (FL) Hastings (WA) McNulty Schaffer McCarthy (MO) Radanovich Talent Hayes Meehan Schakowsky McCollum Rangel Taylor (NC) b 1356 Hayworth Meek (FL) Scott McInnis Riley Waters Herger Meeks (NY) Sensenbrenner McIntosh Sawyer Watkins Hill (IN) Menendez Metcalf Scarborough Mr. OWENS, Mr. FARR of California, Serrano Weldon (FL) Hill (MT) Millender- Mica Shaw Sessions Weygand and Ms. BERKLEY changed their vote Hilleary McDonald Neal Shays Shadegg Whitfield from ‘‘yea’’ to ‘‘nay.’’ Hinchey Miller (FL) Sherman Ose Shuster Wise Mr. SALMON changed his vote from Hinojosa Miller, Gary Sherwood Oxley Snyder ‘‘nay’’ to ‘‘yea.’’ Hobson Miller, George Shimkus Hoeffel Minge b 1404 So the previous question was ordered. Shows Hoekstra Mink Simpson So the resolution was agreed to. The result of the vote was announced Holden Moakley Sisisky The result of the vote was announced as above recorded. Holt Mollohan Skeen as above recorded. Stated for: Hooley Moore Skelton Horn Moran (KS) A motion to reconsider was laid on Mr. STEARNS. Mr. Speaker, on rollcall No. Slaughter Hostettler Moran (VA) Smith (MI) the table. Houghton Morella 582, I was unable to vote. Had I been present, Smith (NJ) Stated for: I would have voted ‘‘yea.’’ Hoyer Murtha Smith (TX) Hunter Myrick Ms. MCCARTHY of Missouri. Mr. Speaker, Stated against: Smith (WA) Hutchinson Nadler Souder during rollcall vote No. 583, I was unavoidably Ms. MCCARTHY of Missouri. Mr. Speaker, Hyde Napolitano Spence Inslee Nethercutt detained. Had I been present, I would have during rollcall vote No. 582, I was unavoidably Stabenow voted ‘‘aye.’’ Isakson Ney Strickland detained. Had I been present, I would have Istook Northup Mr. STEARNS. Mr. Speaker, on rollcall No. voted ‘‘nay.’’ Stump Jackson (IL) Norwood Stupak 583, I was not unable to vote. Had I been Jackson-Lee Nussle The SPEAKER pro tempore (Mr. Sununu (TX) Oberstar present, I would have voted ‘‘yea.’’ LAHOOD). The question is on the resolu- Sweeney Jefferson Obey The SPEAKER pro tempore (Mr. Tancredo tion. Jenkins Olver Tanner LAHOOD). Pursuant to House Resolu- The question was taken; and the John Ortiz Tauscher tion 663, House Concurrent Resolution Johnson (CT) Owens Speaker pro tempore announced that Tauzin Johnson, Sam Packard 439 is hereby adopted. Taylor (MS) the ayes appeared to have it. Jones (NC) Pallone The text of House Concurrent Resolu- Terry RECORDED VOTE Kelly Pastor Thomas tion 439 is as follows: Kennedy Pease Mr. MOAKLEY. Mr. Speaker, I de- Thompson (CA) ‘‘Resolved by the House of Representatives Kildee Pelosi Thompson (MS) mand a recorded vote. Kilpatrick Peterson (MN) (the Senate concurring), That, in the enroll- A recorded vote was ordered. Kind (WI) Peterson (PA) Thornberry ment of the bill (H.R. 2614) to amend the Thune The SPEAKER pro tempore. This Kingston Petri Small Business Investment Act to make im- Kleczka Phelps Thurman provements to the certified development will be a 5-minute vote. Tiahrt Knollenberg Pickering company program, and for other purposes, The vote was taken by electronic de- Tierney Kucinich Pitts the Clerk of the House of Representatives vice, and there were—ayes 348, noes 0, Kuykendall Pombo Toomey Towns shall make the following corrections: answered ‘‘present’’ 1, not voting 83, as LaHood Pomeroy Lampson Porter Traficant ‘‘(1) In section 1, insert before ‘are hereby follows: Largent Portman Turner enacted into law’ the following: ‘, as modi- [Roll No. 583] Larson Pryce (OH) Udall (CO) fied in accordance with section 3,’. Latham Quinn Udall (NM) AYES—348 ‘‘(2) In section 2, insert before the period at LaTourette Rahall Upton the end the following: ‘, modified in accord- Aderholt Camp Doolittle Leach Ramstad Vela´ zquez Visclosky ance with section 3’. Andrews Canady Doyle Lee Regula ‘‘(3) Add at the end the following new sec- Armey Cannon Dreier Levin Reyes Vitter Baca Capps Duncan Lewis (CA) Reynolds Walden tion: Bachus Capuano Dunn Lewis (GA) Rivers Walsh ‘‘ ‘SEC. 3. MODIFICATION TO TEXT OF BILL EN- Baird Cardin Edwards Lewis (KY) Rodriguez Wamp ACTED BY REFERENCE. Baker Carson Ehlers Linder Roemer Watt (NC) ‘‘ ‘The modification referred to in sections Baldacci Castle Ehrlich LoBiondo Rogan Watts (OK) 1 and 2 is to the text of the bill H.R. 5538, as Waxman Baldwin Chabot Emerson Lofgren Rogers referred to in section 1(1), and is as follows: Ballenger Chambliss Engel Lowey Rohrabacher Weiner Barrett (NE) Chenoweth-Hage English Lucas (KY) Ros-Lehtinen Weldon (PA) the quoted matter in the amendment pro- Barrett (WI) Clay Eshoo Lucas (OK) Rothman Weller posed to be made by section 2 of such bill is Bartlett Clayton Etheridge Luther Roukema Wexler modified by striking ‘‘June 30, 2000’’ and in- Bass Clement Evans Maloney (CT) Roybal-Allard Wicker serting ‘‘December 31, 2000’’.’ ’’. Wilson Becerra Clyburn Ewing Manzullo Royce f Bentsen Coble Farr Markey Rush Wolf Bereuter Coburn Filner Matsui Ryan (WI) Woolsey PERSONAL EXPLANATION Berkley Collins Fletcher McCarthy (NY) Ryun (KS) Wu Berman Combest Foley McCrery Sabo Wynn Mr. EVERETT. Mr. Speaker, on October 30, Berry Condit Ford McDermott Salmon Young (AK) due to the need to be with my wife during her Biggert Cook Fossella McGovern Sanchez Young (FL) Bilbray Costello Frelinghuysen surgery, I was unable to cast my vote during Bilirakis Cox Frost ANSWERED ‘‘PRESENT’’—1 the following rollcall votes. Had I been Blagojevich Coyne Gallegly Paul present, I would have voted as indicated Bliley Cramer Ganske below. Blumenauer Cubin Gejdenson Blunt Cummings Gekas NOT VOTING—83 Rollcall No. 577, on approving the Journal— Boehlert Davis (FL) Gephardt Abercrombie Crane Hastings (FL) ‘‘yea’’; rollcall No. 578, on passage of H.J. Boehner Davis (VA) Gibbons Ackerman Crowley Hefley Res. 120: making further continuing appropria- Bonilla Deal Gilchrest Allen Cunningham Hilliard tions for the fiscal year 2001, and for other Bonior DeFazio Gillmor Archer Danner Hulshof Bono DeGette Gonzalez Barcia Davis (IL) Johnson, E.B. purposes—‘‘yea’’; rollcall No. 579, on setting Borski DeLauro Goode Barr Delahunt Jones (OH) the Hour of Meeting—‘‘yea’’; rollcall No. 580, Boswell DeLay Goodlatte Barton Dickey Kanjorski on ordering the previous question. H. Res. Boyd DeMint Goodling Bishop Everett Kaptur Brady (PA) Deutsch Gordon Boucher Fattah Kasich 662: providing for consideration of certain joint Bryant Diaz-Balart Goss Brady (TX) Forbes King (NY) resolutions making further continuing appro- Burr Dicks Graham Brown (FL) Fowler Klink priations for the fiscal year 2001, and for other Burton Dingell Granger Brown (OH) Frank (MA) Kolbe purposes—‘‘yea’’; rollcall No. 581, on agreeing Buyer Dixon Green (WI) Campbell Franks (NJ) LaFalce Callahan Doggett Greenwood Conyers Gilman Lantos to H. Res. 662—‘‘yea’’; rollcall No. 582, on or- Calvert Dooley Gutierrez Cooksey Green (TX) Lazio dering the previous question, H. Res. 663:

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25535 providing for consideration of S. 2485, the St. (3) in 1604, French nobleman Pierre Dugua (4) to assist with the operation and mainte- Croix Island Heritage Act, and providing for Sieur de Mons, accompanied by a courageous nance of the regional heritage center. the adoption of a concurrent resolution to group of adventurers that included Samuel SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Champlain, landed on the Island and began make certain corrections in the enrollment of (a) DESIGN AND CONSTRUCTION.— the construction of a settlement; (1) IN GENERAL.—There is authorized to be the bill H.R. 2614, the Certified Development (4) the French settlement on the Island in Company Program Improvements Act of appropriated to carry out this Act (including 1604 and 1605 was the initial site of the first the design and construction of the regional 2000—‘‘yea’’; rollcall No. 583, on agreeing to permanent settlement in the New World, pre- heritage center) $2,000,000. H. Res. 663—‘‘aye’’. dating the English settlement of 1607 at (2) EXPENDITURE.—Paragraph (1) authorizes Jamestown, Virginia; f funds to be appropriated on the condition (5) many people view the expedition that that any expenditure of those funds shall be PERSONAL EXPLANATION settled on the Island in 1604 as the beginning matched on a dollar-for-dollar basis by funds of the Acadian culture in North America; from non-Federal sources. Mr. KOLBE. Mr. Speaker, I was unavoidably (6) in October, 1998, the National Park absent today when the House debated and (b) OPERATION AND MAINTENANCE.—There Service completed a general management are authorized to be appropriated such sums voted ‘‘On Approving the Journal’’, H.J. Res. plan to manage and interpret the Saint Croix as are necessary to maintain and operate in- 120 ‘‘Further Continuing Appropriations for FY Island International Historic Site; terpretive exhibits in the regional heritage 2001’’, ‘‘On a Motion on the Hour of Meeting’’, (7) the plan addresses a variety of manage- center. ment alternatives, and concludes that the on ‘‘Ordering the Previous Question on H. The SPEAKER pro tempore (Mr. Res. 662 Providing for consideration of certain best management strategy entails devel- oping an interpretive trail and ranger sta- BARRETT of Nebraska). Pursuant to joint resolutions making further continuing ap- tion at Red Beach, Maine, and a regional House Resolution 663, the gentleman propriations for FY 2001’’, on H. Res. 662 heritage center in downtown Calais, Maine, from Alaska (Mr. YOUNG) and the gen- ‘‘Providing for consideration of certain joint in cooperation with Federal, State, and local tleman from California (Mr. GEORGE resolutions making further continuing appro- agencies; MILLER) each will control 30 minutes. priations for FY 2001’’, on ‘‘Ordering the Pre- (8) a 1982 memorandum of understanding, The Chair recognizes the gentleman vious Question on H. Res. 663 Providing for signed by the Department of the Interior and the Canadian Department for the Environ- from Alaska (Mr. YOUNG). consideration of S. 2485; and Corrections in Mr. YOUNG of Alaska. Mr. Speaker, I the enrollment of H.R. 2614’’, and on H. Res. ment, outlines a cooperative program to commemorate the international heritage of yield myself such time as I may con- 662, ‘‘Providing for consideration of S. 2485; the Saint Croix Island site and specifically sume. and Corrections in the enrollment of H.R. to prepare for the 400th anniversary of the I rise in support of S. 2485, the St. 2614.’’ settlement in 2004; and Croix Island Heritage Act. This bill di- Had I been present, I would have voted (9) only 4 years remain before the 400th an- rects the Secretary of the Interior to niversary of the settlement at Saint Croix ‘‘aye’’ on ‘‘Approving the Journal’’ (rollcall vote provide assistance in planning and con- 577), ‘‘aye’’ on H.J. Res. 120 (rollcall vote Island, an occasion that should be appro- priately commemorated. structing a Regional Heritage Center 578), ‘‘aye’’ on a ‘‘Motion on the Hour of Meet- in Calais, Maine. ing’’ (rollcall vote 579), ‘‘aye’’ on ‘‘Ordering the (b) PURPOSE.—The purpose of this Act is to direct the Secretary of the Interior to take St. Croix Island is located in the St. Previous Question on H. Res. 662’’ (rollcall all necessary and appropriate steps to work Croix River between Maine and Can- vote 580), ‘‘aye’’ on H. Res. 662 (rollcall vote with Federal, State, and local agencies, his- ada. It is the only international his- 581), ‘‘aye’’ on ‘‘Ordering the Previous Ques- torical societies, and nonprofit organizations toric site in the national park system. tion on H. Res. 663’’ (rollcall vote 582), and to facilitate the development of a regional In 1604, the French landed on the island ‘‘aye’’ on H. Res. 663 (rollcall vote 583). heritage center in downtown Calais, Maine before the 400th anniversary of the settle- and began construction of a settle- f ment of Saint Croix Island. ment, which became the first perma- PERSONAL EXPLANATION SEC. 3. DEFINITIONS. nent settlement in the New World. In In this Act: October 1998, the National Park Serv- Mr. MICA. Mr. Speaker, I was unavoidably (1) ISLAND.—The term ‘‘Island’’ means ice completed a general management detained and could not vote on rollcalls No. Saint Croix Island, located in the Saint plan to manage and interpret the St. 582 and 583. Had I been present, I would Croix River, between Canada and the State Croix Island international historic site. have voted ‘‘yea’’ for each of these measures. of Maine. In the year 2004, the U.S. and Canada f (2) SECRETARY.—The term ‘‘Secretary’’ will celebrate the 400th anniversary of means the Secretary of the Interior, acting SAINT CROIX ISLAND HERITAGE through the Director of the National Park the settlement of the St. Croix Island. ACT Service. This bill will facilitate the develop- SEC. 4. SAINT CROIX ISLAND REGIONAL HERIT- ment of a Regional Heritage Center in Mr. YOUNG of Alaska. Mr. Speaker, AGE CENTER. downtown Calais, Maine, to be a cen- pursuant to House Resolution 663, I call (a) IN GENERAL.—The Secretary shall pro- tral focus point for this celebration. up the Senate bill (S. 2485) to direct the vide assistance in planning, constructing, The bill authorizes $2 million for the Secretary of the Interior to provide as- and operating a regional heritage center in planning and construction of the herit- sistance in planning and constructing a downtown Calais, Maine, to facilitate the age center and requires a dollar-for- management and interpretation of the Saint regional heritage center in Calais, dollar match by non-Federal sources. I Maine, and ask for its immediate con- Croix Island International Historic Site. (b) COOPERATIVE AGREEMENTS.—To carry believe that this bill has merit, and I sideration in the House. out subsection (a), in administering the support its passage. The Clerk read the title of the Senate Saint Croix Island International Historic Mr. Speaker, I reserve the balance of bill. Site, the Secretary may enter into coopera- my time. The text of S. 2485 is as follows: tive agreements under appropriate terms and Mr. GEORGE MILLER of California. S. 2485 conditions with other Federal agencies, Mr. Speaker, I yield myself such time State and local agencies and nonprofit orga- Be it enacted by the Senate and House of Rep- nizations— as I may consume. resentatives of the United States of America in (1) to provide exhibits, interpretive serv- S. 2485 is a noncontroversial bill that Congress assembled, ices (including employing individuals to pro- authorizes the Secretary of the Inte- SECTION 1. SHORT TITLE. vide such services), and technical assistance; rior to assist in the construction of a This Act may be cited as the ‘‘Saint Croix (2) to conduct activities that facilitate the Regional Heritage Center on St. Croix Island Heritage Act’’. dissemination of information relating to the Island. St. Croix Island is located in SEC. 2. FINDINGS AND PURPOSES. Saint Croix Island International Historic the middle of the St. Croix River, (a) FINDINGS.—Congress finds that— Site; which forms the boundary between the (1) Saint Croix Island is located in the (3) to provide financial assistance for the Saint Croix River, a river that is the bound- construction of the regional heritage center United States and Canada. The pro- ary between the State of Maine and Canada; in exchange for space in the center that is posed heritage center will be built as (2) the Island is the only international his- sufficient to interpret the Saint Croix Island part of the upcoming 400th anniversary toric site in the National Park System; International Historic Site; and of the settlement of St. Croix Island.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25536 CONGRESSIONAL RECORD—HOUSE October 30, 2000 The National Park Service admin- PRIBILOF ISLANDS TRANSITION provide assistance to the State of Alaska for isters the St. Croix Island inter- ACT designing, locating, constructing, redevel- oping, permitting, or certifying solid waste national historic site on the island. Mr. YOUNG of Alaska. Mr. Speaker, I The proposed heritage center is con- management facilities on the Pribilof Is- move to suspend the rules and pass the lands to be operated under permits issued to sistent with Park Service plans for in- bill (H.R. 1653) to approve a governing the City of St. George and the City of St. terpretation of the historic site and the international fishery agreement be- Paul, Alaska, by the State of Alaska under island. tween the United States and the Rus- section 46.03.100 of the Alaska Statutes. The Secretary is authorized to con- sian Federation, as amended. ‘‘(2) TRANSFER.—The Secretary shall trans- tribute $2 million toward the construc- The Clerk read as follows: fer any appropriations received under para- tion of the heritage center, provided graph (1) to the State of Alaska for the ben- H.R. 1653 that each Federal dollar is matched by efit of rural and Native villages in Alaska for Be it enacted by the Senate and House of Rep- funds from non-Federal sources. obligation under section 303 of Public Law resentatives of the United States of America in 104–182, except that subsection (b) of that A House companion measure was in- Congress assembled, section shall not apply to those funds. troduced by the gentleman from Maine TITLE I—PRIBILOF ISLANDS ‘‘(3) LIMITATION.—In order to be eligible to (Mr. BALDACCI). receive financial assistance under this sub- SEC. 101. SHORT TITLE. Mr. CLAY. Mr. Speaker, last week, the Re- section, not later than 180 days after the This title may be referred to as the date of enactment of this paragraph, each of publican leadership hastily sandwiched a min- ‘‘Pribilof Islands Transition Act’’. the Cities of St. Paul and St. George shall imum wage increase into its tax bill, that was SEC. 102. PURPOSE. so poorly written it repealed the minimum enter into a written agreement with the The purpose of this title is to complete the State of Alaska under which such City shall wage for six months. Today, they are using orderly withdrawal of the National Oceanic identify by its legal boundaries the tract or the bill before us to correct this major error. and Atmospheric Administration from the tracts of land that such City has selected as Perhaps, if they had only chosen to work in a civil administration of the Pribilof Islands, the site for its solid waste management facil- bipartisan way to craft their tax bill, a sloppy Alaska. ity and any supporting infrastructure. mistake like this could have been avoided. SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— The Republican leadership chose, instead, to ISLANDS UNDER FUR SEAL ACT OF There are authorized to be appropriated to 1966. push through a bill that was all their own, that the Secretary for fiscal years 2001, 2002, 2003, Public Law 89–702 (16 U.S.C. 1151 et seq.), 2004, and 2005— is destined for a veto because it is full of bad popularly known and referred to in this title ‘‘(1) for assistance under subsection (a) a policy and tax benefits for their special interest as the Fur Seal Act of 1966, is amended by total not to exceed— friends. The tax bill is being used by the Re- amending section 206 (16 U.S.C. 1166) to read ‘‘(A) $9,000,000, for grants to the City of St. publican leadership to claim they are for in- as follows: Paul; creasing the minimum wage, when they are ‘‘SEC. 206. FINANCIAL ASSISTANCE. ‘‘(B) $6,300,000, for grants to the really not. They knew that by tying it to a ‘‘(a) GRANT AUTHORITY.— Tanadgusix Corporation; doomed tax bill, it could not become law. The ‘‘(1) IN GENERAL.—Subject to the avail- ‘‘(C) $1,500,000, for grants to the St. Paul Democrats in this Congress, on the other ability of appropriations, the Secretary shall Tribal Council; ‘‘(D) $6,000,000, for grants to the City of St. hand, strongly support a $1 increase in the provide financial assistance to any city gov- ernment, village corporation, or tribal coun- George; minimum wage and would take effective action cil of St. George, Alaska, or St. Paul, Alas- ‘‘(E) $4,200,000, for grants to the St. George to make it happen. We rejected the Repub- ka. Tanaq Corporation; and lican’s scheme, which now requires a quick fix ‘‘(2) USE FOR MATCHING.—Notwithstanding ‘‘(F) $1,000,000, for grants to the St. George in order to maintain the illusion they sought to any other provision of law relating to match- Tribal Council; and create. Let’s do the right thing for American ing funds, funds provided by the Secretary as ‘‘(2) for assistance under subsection (b), for Workers and pass a real minimum wage in- assistance under this subsection may be used fiscal years 2001, 2002, 2003, 2004, and 2005 a crease now! by the entity as non-Federal matching funds total not to exceed— under any Federal program that requires ‘‘(A) $6,500,000 for the City of St. Paul; and Mr. GEORGE MILLER of California. ‘‘(B) $3,500,000 for the City of St. George. Mr. Speaker, I yield back the balance such matching funds. ‘‘(3) RESTRICTION ON USE.—The Secretary ‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR of my time. may not use financial assistance authorized LOBBYING ACTIVITIES.—None of the funds au- Mr. YOUNG of Alaska. Mr. Speaker, I by this Act— thorized by this section may be available for have no further requests for time, and ‘‘(A) to settle any debt owed to the United any activity a purpose of which is to influ- I yield back the balance of my time. States; ence legislation pending before the Congress, The SPEAKER pro tempore. All time ‘‘(B) for administrative or overhead ex- except that this subsection shall not prevent penses; or officers or employees of the United States or for debate has expired. of its departments, agencies, or commissions ‘‘(C) for contributions sought or required The Senate bill is considered as hav- from communicating to Members of Con- from any person for costs or fees to clean up ing been read for amendment. gress, through proper channels, requests for any matter that was caused or contributed legislation or appropriations that they con- Pursuant to House Resolution 663, to by such person on or after March 15, 2000. sider necessary for the efficient conduct of the previous question is ordered. ‘‘(4) FUNDING INSTRUMENTS AND PROCE- The question is on the third reading public business. DURES.—In providing assistance under this ‘‘(e) IMMUNITY FROM LIABILITY.—Neither of the Senate bill. subsection the Secretary shall transfer any the United States nor any of its agencies, of- The Senate bill was ordered to be funds appropriated to carry out this section ficers, or employees shall have any liability read a third time, was read the third to the Secretary of the Interior, who shall under this Act or any other law associated time, and passed, and a motion to re- obligate such funds through instruments and with or resulting from the designing, locat- consider was laid on the table. procedures that are equivalent to the instru- ing, contracting for, redeveloping, permit- ments and procedures required to be used by ting, certifying, operating, or maintaining f the Bureau of Indian Affairs pursuant to any solid waste management facility on the title IV of the Indian Self-Determination and Pribilof Islands as a consequence of— ANNOUNCEMENT BY THE SPEAKER Education Assistance Act (25 U.S.C. 450 et ‘‘(1) having provided assistance to the PRO TEMPORE seq.). State of Alaska under subsection (b); or ‘‘(5) PRO RATA DISTRIBUTION OF ASSIST- ‘‘(2) providing funds for, or planning, con- The SPEAKER pro tempore. Pursu- ANCE.—In any fiscal year for which less than structing, or operating, any interim solid ant to clause 8 of rule XX, the Chair all of the funds authorized under subsection waste management facilities that may be re- announces that he will postpone fur- (c)(1) are appropriated, such funds shall be quired by the State of Alaska before perma- ther proceedings today on each motion distributed under this subsection on a pro nent solid waste management facilities con- to suspend the rules on which a re- rata basis among the entities referred to in structed with assistance provided under sub- corded vote or the yeas and nays are subsection (c)(1) in the same proportions in section (b) are complete and operational. which amounts are authorized by that sub- ‘‘(f) REPORT ON EXPENDITURES.—Each enti- ordered, or on which the vote is ob- section for grants to those entities. ty which receives assistance authorized jected to under clause 6 of rule XX. ‘‘(b) SOLID WASTE ASSISTANCE.— under subsection (c) shall submit an audited Any record votes on postponed ques- ‘‘(1) IN GENERAL.—Subject to the avail- statement listing the expenditure of that as- tions will be taken tomorrow. ability of appropriations, the Secretary shall sistance to the Committee on Appropriations

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25537 and the Committee on Resources of the (B) carry out cleanup activities, including certification described in subsection (b)(2), House of Representatives and the Committee assessment, response, remediation, and mon- the following provisions are repealed: on Appropriations and the Committee on itoring, except for postremedial measures (1) Section 205 of the Fur Seal Act of 1966 Commerce, Science, and Transportation of such as monitoring and operation and main- (16 U.S.C. 1165). the Senate, on the last day of fiscal years tenance activities, related to National Oce- (2) Section 3 of Public Law 104–91 (16 U.S.C. 2002, 2004, and 2006. anic and Atmospheric Administration ad- 1165 note). ‘‘(g) CONGRESSIONAL INTENT.—Amounts au- ministration of the Pribilof Islands, Alaska, (d) SAVINGS.— thorized under subsection (c) are intended by under section 3 of Public Law 104–91 (16 (1) IN GENERAL.—Nothing in this title shall Congress to be provided in addition to the U.S.C. 1165 note) and the Pribilof Islands En- affect any obligation of the Secretary of base funding appropriated to the National vironmental Restoration Agreement between Commerce, or of any Federal department or Oceanic and Atmospheric Administration in the National Oceanic and Atmospheric Ad- agency, under or with respect to any docu- fiscal year 2000.’’. ministration and the State of Alaska, signed ment described in paragraph (2) or with re- SEC. 104. DISPOSAL OF PROPERTY. January 26, 1996. spect to any lands subject to such a docu- Section 205 of the Fur Seal Act of 1966 (16 (2) APPLICATION.—Paragraph (1) shall apply ment. U.S.C. 1165) is amended— on and after the date on which the Secretary (2) DOCUMENTS DESCRIBED.—The documents (1) by amending subsection (c) to read as of Commerce certifies that— referred to in paragraph (1) are the following: follows: (A) the State of Alaska has provided writ- (A) The Transfer of Property on the ‘‘(c) Not later than 3 months after the date ten confirmation that no further corrective Pribilof Islands: Description, Terms, and of the enactment of the Pribilof Islands action is required at the sites and operable Conditions, dated February 10, 1984, between Transition Act, the Secretary shall submit units covered by the Pribilof Islands Envi- the Secretary of Commerce and various to the Committee on Commerce, Science, ronmental Restoration Agreement between Pribilof Island entities. and Transportation of the Senate and the the National Oceanic and Atmospheric Ad- (B) The Settlement Agreement between Committee on Resources of the House of ministration and the State of Alaska, signed Tanadgusix Corporation and the City of St. Representatives a report that includes— January 26, 1996, with the exception of Paul, dated January 11, 1988, and approved by ‘‘(1) a description of all property specified postremedial measures, such as monitoring the Secretary of Commerce on February 23, in the document referred to in subsection (a) and operation and maintenance activities; 1988. that has been conveyed under that sub- (B) the cleanup required under section 3(a) section; (C) The Memorandum of Understanding be- of Public Law 104–91 (16 U.S.C. 1165 note) is tween Tanadgusix Corporation, Tanaq Cor- ‘‘(2) a description of all Federal property complete; specified in the document referred to in sub- poration, and the Secretary of Commerce, (C) the properties specified in the docu- dated December 22, 1976. section (a) that is going to be conveyed ment referred to in subsection (a) of section under that subsection; and (e) DEFINITIONS.— 205 of the Fur Seal Act of 1966 (16 U.S.C. (1) IN GENERAL.—Except as provided in ‘‘(3) an identification of all Federal prop- 1165(a)) can be unconditionally offered for erty on the Pribilof Islands that will be re- paragraph (2), the definitions set forth in conveyance under that section; and section 101 of the Fur Seal Act of 1966 (16 tained by the Federal Government to meet (D) all amounts appropriated under section its responsibilities under this Act, the Con- U.S.C. 1151) shall apply to this section. 206(c)(1) of the Fur Seal Act of 1966, as (2) NATIVES OF THE PRIBILOF ISLANDS.—For vention, and any other applicable law.’’; and amended by this title, have been obligated. (2) by striking subsection (g). purposes of this section, the term ‘‘Natives (3) FINANCIAL CONTRIBUTIONS FOR CLEANUP of the Pribilof Islands’’ includes the SEC. 105. TERMINATION OF RESPONSIBILITIES. COSTS.—(A) On and after the date on which Tanadgusix Corporation, the St. George (a) FUTURE OBLIGATION.— section 3(b)(5) of Public Law 104–91 (16 U.S.C. Tanaq Corporation, and the city govern- (1) IN GENERAL.—The Secretary of Com- 1165 note) is repealed pursuant to subsection merce shall not be considered to have any ments and tribal councils of St. Paul and St. (c), the Secretary of Commerce may not seek George, Alaska. obligation to promote or otherwise provide or require financial contribution by or from for the development of any form of an econ- SEC. 106. TECHNICAL AND CLARIFYING AMEND- any local governmental entity of the Pribilof MENTS. omy not dependent on sealing on the Pribilof Islands, any official of such an entity, or the Islands, Alaska, including any obligation (a) Section 3 of Public Law 104–91 (16 U.S.C. owner of land on the Pribilof Islands, for 1165 note) and the Fur Seal Act of 1966 (16 under section 206 of the Fur Seal Act of 1966 cleanup costs incurred pursuant to section U.S.C. 1151 et seq.) are amended by— (16 U.S.C. 1166) or section 3(c)(1)(A) of Public 3(a) of Public Law 104–91 (as in effect before (1) striking ‘‘(d)’’ and all that follows Law 104–91 (16 U.S.C. 1165 note). such repeal), except as provided in subpara- through the heading for subsection (d) of sec- (2) SAVINGS.—This subsection shall not af- graph (B). tion 3 of Public Law 104–91 and inserting fect any cause of action under section 206 of (B) Subparagraph (A) shall not limit the ‘‘SEC. 212.’’; and the Fur Seal Act of 1966 (16 U.S.C. 1166) or authority of the Secretary of Commerce to (2) moving and redesignating such sub- section 3(c)(1)(A) of Public Law 104–91 (16 seek or require financial contribution from section so as to appear as section 212 of the U.S.C. 1165 note)— any person for costs or fees to clean up any Fur Seal Act of 1966. (A) that arose before the date of the enact- matter that was caused or contributed to by (b) Section 201 of the Fur Seal Act of 1966 ment of this title; and such person on or after March 15, 2000. (16 U.S.C. 1161) is amended by striking ‘‘on (B) for which a judicial action is filed be- (4) CERTAIN RESERVED RIGHTS NOT CONDI- such Islands’’ and insert ‘‘on such property’’. fore the expiration of the 5-year period be- TIONS.—For purposes of paragraph (2)(C), the (c) The Fur Seal Act of 1966 (16 U.S.C. 1151 ginning on the date of the enactment of this following requirements shall not be consid- et seq.) is amended by inserting before title title. ered to be conditions on conveyance of prop- I the following: (3) RULE OF CONSTRUCTION.—Nothing in this erty: title shall be construed to imply that— (A) Any requirement that a potential ‘‘SECTION 1. SHORT TITLE. (A) any obligation to promote or otherwise transferee must allow the National Oceanic ‘‘This Act may be cited as the ‘Fur Seal provide for the development in the Pribilof and Atmospheric Administration continued Act of 1966’.’’. Islands of any form of an economy not de- access to the property to conduct environ- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. pendent on sealing was or was not estab- mental monitoring following remediation ac- Section 3 of Public Law 104–91 (16 U.S.C. lished by section 206 of the Fur Seal Act of tivities. 1165 note) is amended— 1966 (16 U.S.C. 1166), section 3(c)(1)(A) of Pub- (B) Any requirement that a potential (1) by striking subsection (f) and inserting lic Law 104–91 (16 U.S.C. 1165 note), or any transferee must allow the National Oceanic the following: other provision of law; or and Atmospheric Administration access to ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (B) any cause of action could or could not the property to continue the operation, and ‘‘(1) IN GENERAL.—There are authorized to arise with respect to such an obligation. eventual closure, of treatment facilities. be appropriated $10,000,000 for each of fiscal (4) CONFORMING AMENDMENT.—Section (C) Any requirement that a potential years 2001, 2002, 2003, 2004, and 2005 for the 3(c)(1) of Public Law 104–91 (16 U.S.C. 1165 transferee must comply with institutional purposes of carrying out this section. note) is amended by striking subparagraph controls to ensure that an environmental ‘‘(2) LIMITATION.—None of the funds au- (A) and redesignating subparagraphs (B) cleanup remains protective of human health thorized by this subsection may be expended through (D) in order as subparagraphs (A) or the environment that do not unreasonably for the purpose of cleaning up or remediating through (C). affect the use of the property. any landfills, wastes, dumps, debris, storage (b) PROPERTY CONVEYANCE AND CLEANUP.— (D) Valid existing rights in the property, tanks, property, hazardous or unsafe condi- (1) IN GENERAL.—Subject to paragraph (2), including rights granted by contract, permit, tions, or contaminants, including petroleum there are terminated all obligations of the right-of-way, or easement. products and their derivatives, left by the Secretary of Commerce and the United (E) The terms of the documents described Department of Defense or any of its compo- States to— in subsection (d)(2). nents on lands on the Pribilof Islands, Alas- (A) convey property under section 205 of (c) REPEALS.—Effective on the date on ka.’’; and the Fur Seal Act of 1966 (16 U.S.C. 1165); and which the Secretary of Commerce makes the (2) by adding at the end the following:

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25538 CONGRESSIONAL RECORD—HOUSE October 30, 2000

‘‘(g) LOW-INTEREST LOAN PROGRAM.— ligated each fiscal year to advance coral reef (4) An estimate of the funds and time re- ‘‘(1) CAPITALIZATION OF REVOLVING FUND.— conservation. The action strategy and imple- quired to complete the project. Of amounts authorized under subsection (f) mentation plan shall include discussion of— (5) Evidence of support for the project by for each of fiscal years 2001, 2002, 2003, 2004, (1) coastal uses and management; appropriate representatives of States or and 2005, the Secretary may provide to the (2) water and air quality; other government jurisdictions in which the State of Alaska up to $2,000,000 per fiscal (3) mapping and information management; project will be conducted. year to capitalize a revolving fund to be used (4) research, monitoring, and assessment; (6) Information regarding the source and by the State for loans under this subsection. (5) international and regional issues; amount of matching funding available to the ‘‘(2) LOW-INTEREST LOANS.—The Secretary (6) outreach and education; applicant. shall require that any revolving fund estab- (7) local strategies developed by the States (7) A description of how the project meets lished with amounts provided under this sub- or Federal agencies, including regional fish- one or more of the criteria in subsection (g). section shall be used only to provide low-in- ery management councils; and (8) Any other information the Adminis- terest loans to Natives of the Pribilof Islands (8) conservation, including how the use of trator considers to be necessary for evalu- to assess, respond to, remediate, and monitor marine protected areas to serve as replenish- ating the eligibility of the project for fund- contamination from lead paint, asbestos, and ment zones will be developed consistent with ing under this title. petroleum from underground storage tanks. local practices and traditions. (f) PROJECT REVIEW AND APPROVAL.— ‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE- SEC. 204. CORAL REEF CONSERVATION PRO- (1) IN GENERAL.—The Administrator shall GRAM. FINED.—The definitions set forth in section review each coral conservation project pro- (a) GRANTS.—The Secretary, through the 101 of the Fur Seal Act of 1966 (16 U.S.C. 1151) posal to determine if it meets the criteria set Administrator and subject to the avail- shall apply to this section, except that the forth in subsection (g). term ‘Natives of the Pribilof Islands’ in- ability of funds, shall provide grants of fi- nancial assistance for projects for the con- (2) REVIEW; APPROVAL OR DISAPPROVAL.— cludes the Tanadgusix and Tanaq Corpora- Not later than 6 months after receiving a tions. servation of coral reefs (hereafter in this title referred to as ‘‘coral conservation project proposal under this section, the Ad- ‘‘(4) REVERSION OF FUNDS.—Before the Sec- ministrator shall— retary may provide any funds to the State of projects’’), for proposals approved by the Ad- ministrator in accordance with this section. (A) request and consider written comments Alaska under this section, the State of Alas- on the proposal from each Federal agency, ka and the Secretary must agree in writing (b) MATCHING REQUIREMENTS.— (1) 50 PERCENT.—Except as provided in State government, or other government ju- that, on the last day of fiscal year 2011, and risdiction, including the relevant regional of each fiscal year thereafter until the full paragraph (2), Federal funds for any coral conservation project under this section may fishery management councils established amount provided to the State of Alaska by under the Magnuson-Stevens Fishery Con- the Secretary under this section has been re- not exceed 50 percent of the total cost of such project. For purposes of this paragraph, servation and Management Act (16 U.S.C. paid to the United States, the State of Alas- 1801 et seq.), or any National Marine Sanc- ka shall transfer to the Treasury of the the non-Federal share of project costs may be provided by in-kind contributions and tuary, with jurisdiction or management au- United States monies remaining in the re- thority over coral reef ecosystems in the volving fund, including principal and inter- other noncash support. (2) WAIVER.—The Administrator may waive area where the project is to be conducted, in- est paid into the revolving fund as repay- cluding the extent to which the project is ment of loans.’’. all or part of the matching requirement under paragraph (1) if the Administrator de- consistent with locally-established prior- TITLE II—CORAL REEF CONSERVATION termines that no reasonable means are avail- ities; SEC. 201. SHORT TITLE. able through which applicant can meet the (B) provide for the merit-based peer review This title may be cited as the ‘‘Coral Reef matching requirement and the probable ben- of the proposal and require standardized doc- Conservation Act of 2000’’. efit of such project outweighs the public in- umentation of that peer review; SEC. 202. PURPOSES. terest in such matching requirement. (C) after considering any written com- ments and recommendations based on the re- The purposes of this title are— (c) ELIGIBILITY.—Any natural resource views under subparagraphs (A) and (B), ap- (1) to preserve, sustain, and restore the management authority of a State or other prove or disapprove the proposal; and condition of coral reef ecosystems; government authority with jurisdiction over coral reefs or whose activities directly or in- (D) provide written notification of that ap- (2) to promote the wise management and directly affect coral reefs, or coral reef eco- proval or disapproval to the person who sub- sustainable use of coral reef ecosystems to systems, or educational or nongovernmental mitted the proposal, and each of those States benefit local communities and the Nation; institutions with demonstrated expertise in and other government jurisdictions that pro- (3) to develop sound scientific information the conservation of coral reefs, may submit vided comments under subparagraph (A). on the condition of coral reef ecosystems and to the Administrator a coral conservation (g) CRITERIA FOR APPROVAL.—The Adminis- the threats to such ecosystems; proposal under subsection (e). (4) to assist in the preservation of coral (d) GEOGRAPHIC AND BIOLOGICAL DIVER- trator may not approve a project proposal reefs by supporting conservation programs, SITY.—The Administrator shall ensure that under this section unless the project is con- including projects that involve affected local funding for grants awarded under subsection sistent with the coral reef action strategy communities and nongovernmental organiza- (b) during a fiscal year are distributed in the under section 203 and will enhance the con- tions; following manner: servation of coral reefs by— (5) to provide financial resources for those (1) No less than 40 percent of funds avail- (1) implementing coral conservation pro- programs and projects; and able shall be awarded for coral conservation grams which promote sustainable develop- (6) to establish a formal mechanism for projects in the Pacific Ocean within the mar- ment and ensure effective, long-term con- collecting and allocating monetary dona- itime areas and zones subject to the jurisdic- servation of coral reefs; tions from the private sector to be used for tion or control of the United States. (2) addressing the conflicts arising from coral reef conservation projects. (2) No less than 40 percent of the funds the use of environments near coral reefs or SEC. 203. NATIONAL CORAL REEF ACTION STRAT- available shall be awarded for coral con- from the use of corals, species associated EGY. servation projects in the Atlantic Ocean, the with coral reefs, and coral products; (a) IN GENERAL.—Not later than 180 days Gulf of Mexico, and the Caribbean Sea within (3) enhancing compliance with laws that after the date of enactment of this Act, the the maritime areas and zones subject to the prohibit or regulate the taking of coral prod- Administrator shall submit to the Com- jurisdiction or control of the United States. ucts or species associated with coral reefs or mittee on Commerce, Science, and Transpor- (3) Remaining funds shall be awarded for regulate the use and management of coral tation of the Senate and to the Committee projects that address emerging priorities or reef ecosystems; on Resources of the House of Representatives threats, including international priorities or (4) developing sound scientific information and publish in the Federal Register a na- threats, identified by the Administrator. on the condition of coral reef ecosystems or tional coral reef action strategy, consistent When identifying emerging threats or prior- the threats to such ecosystems, including with the purposes of this title. The Adminis- ities, the Administrator may consult with factors that cause coral disease; trator shall periodically review and revise the Coral Reef Task Force. (5) promoting and assisting to implement the strategy as necessary. In developing this (e) PROJECT PROPOSALS.—Each proposal for cooperative coral reef conservation projects national strategy, the Secretary may con- a grant under this section shall include the that involve affected local communities, sult with the Coral Reef Task Force estab- following: nongovernmental organizations, or others in lished under Executive Order 13089 (June 11, (1) The name of the individual or entity re- the private sector; 1998). sponsible for conducting the project. (6) increasing public knowledge and aware- (b) GOALS AND OBJECTIVES.—The action (2) A description of the qualifications of ness of coral reef ecosystems and issues re- strategy shall include a statement of goals the individuals who will conduct the project. garding their long term conservation; and objectives as well as an implementation (3) A succinct statement of the purposes of (7) mapping the location and distribution plan, including a description of the funds ob- the project. of coral reefs;

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(8) developing and implementing tech- conduct activities to conserve coral reefs (2) CONSERVATION.—The term ‘‘conserva- niques to monitor and assess the status and and coral reef ecosystems, that are con- tion’’ means the use of methods and proce- condition of coral reefs; sistent with this title, the National Marine dures necessary to preserve or sustain corals (9) developing and implementing cost-ef- Sanctuaries Act, the Coastal Zone Manage- and associated species as diverse, viable, and fective methods to restore degraded coral ment Act of 1972, the Magnuson-Stevens self-perpetuating coral reef ecosystems, in- reef ecosystems; or Fishery Conservation and Management Act, cluding all activities associated with re- (10) promoting ecologically sound naviga- the Endangered Species Act of 1973, and the source management, such as assessment, tion and anchorages near coral reefs. Marine Mammal Protection Act of 1972. conservation, protection, restoration, sus- (h) PROJECT REPORTING.—Each grantee (b) AUTHORIZED ACTIVITIES.—Activities au- tainable use, and management of habitat; under this section shall provide periodic re- thorized under subsection (a) include— mapping; habitat monitoring; assistance in ports as required by the Administrator. Each (1) mapping, monitoring, assessment, res- the development of management strategies report shall include all information required toration, and scientific research that benefit for marine protected areas and marine re- by the Administrator for evaluating the the understanding, sustainable use, and long- sources consistent with the National Marine progress and success of the project. term conservation of coral reefs and coral Sanctuaries Act (16 U.S.C. 1431 et seq.) and (i) CORAL REEF TASK FORCE.—The Adminis- reef ecosystems; the Magnuson-Stevens Fishery Conservation trator may consult with the Coral Reef Task (2) enhancing public awareness, education, and Management Act (16 U.S.C. 1801 et seq.); Force to obtain guidance in establishing understanding, and appreciation of coral law enforcement; conflict resolution initia- coral conservation project priorities under reefs and coral reef ecosystems; tives; community outreach and education; this section. (3) providing assistance to States in remov- and that promote safe and ecologically sound (j) IMPLEMENTATION GUIDELINES.—Within ing abandoned fishing gear, marine debris, navigation. 180 days after the date of enactment of this and abandoned vessels from coral reefs to (3) CORAL.—The term ‘‘coral’’ means spe- Act, the Administrator shall promulgate conserve living marine resources; and cies of the phylum Cnidaria, including— necessary guidelines for implementing this (4) cooperative conservation and manage- (A) all species of the orders Antipatharia section. In developing those guidelines, the ment of coral reefs and coral reef ecosystems (black corals), Scleractinia (stony corals), Administrator shall consult with State, re- with local, regional, or international pro- Gorgonacea (horny corals), Stolonifera gional, and local entities involved in setting grams and partners. (organpipe corals and others), Alcyanacea priorities for conservation of coral reefs and SEC. 208. EFFECTIVENESS REPORTS. (soft corals), and Coenothecalia (blue coral), provide for appropriate public notice and op- (a) GRANT PROGRAM.—Not later than 3 of the class Anthozoa; and portunity for comment. years after the date of enactment of this (B) all species of the order Hydrocorallina SEC. 205. CORAL REEF CONSERVATION FUND. Act, the Administrator shall submit to the (fire corals and hydrocorals) of the class (a) FUND.—The Administrator may enter Committee on Commerce, Science, and Hydrozoa. into an agreement with a nonprofit organiza- Transportation of the Senate and the Com- (4) CORAL REEF.—The term ‘‘coral reef’’ tion that promotes coral reef conservation mittee on Resources of the House of Rep- means any reefs or shoals composed pri- authorizing such organization to receive, resentatives a report that documents the ef- marily of corals. hold, and administer funds received pursuant fectiveness of the grant program under sec- (5) CORAL REEF ECOSYSTEM.—The term to this section. The organization shall in- tion 204 in meeting the purposes of this title. ‘‘coral reef ecosystem’’ means coral and vest, reinvest, and otherwise administer the The report shall include a State-by-State other species of reef organisms (including funds and maintain such funds and any in- summary of Federal and non-Federal con- reef plants) associated with coral reefs, and terest or revenues earned in a separate inter- tributions toward the costs of each project. the nonliving environmental factors that di- est bearing account, hereafter referred to as (b) NATIONAL PROGRAM.—Not later than 2 rectly affect coral reefs, that together func- the Fund, established by such organization years after the date on which the Adminis- tion as an ecological unit in nature. trator publishes the national coral reef solely to support partnerships between the (6) CORAL PRODUCTS.—The term ‘‘coral public and private sectors that further the strategy under section 203 and every 2 years products’’ means any living or dead speci- purposes of this Act and are consistent with thereafter, the Administrator shall submit mens, parts, or derivatives, or any product to the Committee on Commerce, Science, the national coral reef action strategy under containing specimens, parts, or derivatives, and Transportation of the Senate and the section 203. of any species referred to in paragraph (3). Committee on Resources of the House of (b) AUTHORIZATION TO SOLICIT DONATIONS.— (7) SECRETARY.—The term ‘‘Secretary’’ Representatives a report describing all ac- Pursuant to an agreement entered into means the Secretary of Commerce. tivities undertaken to implement that strat- under subsection (a) of this section, an orga- (8) STATE.—The term ‘‘State’’ means any egy, under section 203, including a descrip- nization may accept, receive, solicit, hold, State of the United States that contains a tion of the funds obligated each fiscal year administer, and use any gift to further the coral reef ecosystem within its seaward to advance coral reef conservation. purposes of this title. Any moneys received boundaries, American Samoa, Guam, the as a gift shall be deposited and maintained in SEC. 209. AUTHORIZATION OF APPROPRIATIONS. Northern Mariana Islands, Puerto Rico, and (a) IN GENERAL.—There are authorized to the Fund established by the organization the Virgin Islands, and any other territory be appropriated to the Secretary to carry under subsection (a). or possession of the United States, or sepa- out this title $16,000,000 for each of fiscal (c) REVIEW OF PERFORMANCE.—The Admin- rate sovereign in free association with the years 2001, 2002, 2003, and 2004, which may re- istrator shall conduct a continuing review of United States, that contains a coral reef eco- the grant program administered by an orga- main available until expended. (b) ADMINISTRATION.—Of the amounts ap- system within its seaward boundaries. nization under this section. Each review propriated under subsection (a), not more shall include a written assessment con- TITLE III—MISCELLANEOUS than the lesser of $1,000,000 or 10 percent of cerning the extent to which that organiza- the amounts appropriated, may be used for SEC. 301. GREAT LAKES FISHERY ACT OF 1956. tion has implemented the goals and require- program administration or for overhead ments of this section and the national coral Section 3(a) of the Great Lakes Fishery costs incurred by the National Oceanic and reef action strategy under section 203. Act of 1956 (16 U.S.C. 932(a)) is amended by Atmospheric Administration or the Depart- (d) ADMINISTRATION.—Under an agreement adding at the end the following: ment of Commerce and assessed as an admin- entered into pursuant to subsection (a), the istrative charge. ‘‘(3) Individuals serving as such Commis- Administrator may transfer funds appro- (c) CORAL REEF CONSERVATION PROGRAM.— sioners shall not be considered to be Federal priated to carry out this title to an organiza- From the amounts appropriated under sub- employees while performing such service, ex- tion. Amounts received by an organization section (a), there shall be made available to cept for purposes of injury compensation or under this subsection may be used for the Secretary $8,000,000 for each of fiscal tort claims liability as provided in chapter 81 matching, in whole or in part, contributions years 2001, 2002, 2003, and 2004 for coral reef of title 5, United States Code, and chapter (whether in money, services, or property) conservation activities under section 204. 171 of title 28, United States Code.’’. made to the organization by private persons (d) NATIONAL CORAL REEF ACTIVITIES.— and State and local government agencies. From the amounts appropriated under sub- SEC. 302. TUNA CONVENTIONS ACT OF 1950. SEC. 206. EMERGENCY ASSISTANCE. section (a), there shall be made available to Section 3 of the Tuna Conventions Act of The Administrator may make grants to the Secretary $8,000,000 for each of fiscal 1950 (16 U.S.C. 952) is amended by inserting any State, local, or territorial government years 2001, 2002, 2003, and 2004 for activities before ‘‘Of such Commissioners—’’ the fol- agency with jurisdiction over coral reefs for under section 207. lowing: ‘‘Individuals serving as such Com- emergencies to address unforeseen or dis- SEC. 210. DEFINITIONS. missioners shall not be considered to be Fed- aster-related circumstance pertaining to In this title: eral employees while performing such serv- coral reefs or coral reef ecosystems. (1) ADMINISTRATOR.—The term ‘‘Adminis- ice, except for purposes of injury compensa- SEC. 207. NATIONAL PROGRAM. trator’’ means the Administrator of the Na- tion or tort claims liability as provided in (a) IN GENERAL.—Subject to the avail- tional Oceanic and Atmospheric Administra- chapter 81 of title 5, United States Code, and ability of appropriations, the Secretary may tion. chapter 171 of title 28, United States Code.’’.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25540 CONGRESSIONAL RECORD—HOUSE October 30, 2000 SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF mortality events of the eastern gray whale This bill makes good on our promises 1975. population, and the other potential impacts to a group of Native Americans who Section 3(a)(1) of the Atlantic Tunas Con- these factors may be having on the eastern served as virtual slaves to this coun- vention Act of 1975 (16 U.S.C. 971a(a)(1)) is gray whale population. amended by inserting before ‘‘The Commis- try’s government for 120 years. I urge (b) CONSIDERATION OF WESTERN POPULATION support of this legislation. It is long sioners’’ the following: ‘‘Individuals serving INFORMATION.—The Secretary should ensure as such Commissioners shall not be consid- that, to the greatest extent practicable, in- overdue. ered to be Federal employees while per- formation from current and future studies of This measure also includes coral reef con- forming such service, except for purposes of the western gray whale population is consid- servation provisions previously passed by the injury compensation or tort claims liability ered in the study under this section, so as to Senate. Coral reefs are threatened by a vari- as provided in chapter 81 of title 5, United better understand the dynamics of each pop- ety of natural impacts and human activities in- States Code, and chapter 171 of title 28, ulation and to test different hypotheses that cluding coral disease, hurricanes, destructive United States Code.’’. may lead to an increased understanding of fishing practices, pollution, and changing SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS the mechanism driving their respective pop- ocean conditions. Despite these threats, coral ACT OF 1992. ulation dynamics. reefs support the economies of many local (a) CLERICAL AMENDMENT.—Public Law 102– (c) AUTHORIZATION OF APPROPRIATIONS.—In communities and are essential habitat for 587 is amended by striking title VIII (106 addition to other amounts authorized under Stat. 5098 et seq.). this title, there are authorized to be appro- many of this nation’s recreational and com- (b) TREATMENT COMMISSIONERS.—Section priated to the Secretary to carry out this mercial fisheries. 804(a) of the North Pacific Anadromous section— This legislation establishes new Federal- Stocks Act of 1992 (16 U.S.C. 5003(a)) is (1) $290,000 for fiscal year 2001; and State-local partnerships to work on conserva- amended by inserting before ‘‘Of the Com- (2) $500,000 for each of fiscal years 2002 tion and restoration programs. It authorizes missioners—’’ the following: ‘‘Individuals through 2004. Federal matching grants to protect and restore serving as such Commissioners shall not be TITLE V—MISCELLANEOUS these valuable natural resources. It also au- considered to be Federal employees while SEC. 501. TREATMENT OF VESSEL AS AN ELIGI- thorizes NOAA to conduct mapping, moni- performing such service, except for purposes BLE VESSEL. toring, assessment, education, conservation, of injury compensation or tort claims liabil- Notwithstanding paragraphs (1) through (3) and management activities relating to coral ity as provided in chapter 81 of title 5, of sections 208(a) of the American Fisheries reefs. United States Code, and chapter 171 of title Act (title II of division C of the Omnibus 28, United States Code.’’. Title IV would authorize a study, subject to Consolidated and Emergency Supplemental appropriations, to determine the environmental SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT Appropriations Act, 1999 (Public Law 105–277; and biological factors causing the recent die- OF 1995. 112 Stat. 2681–624)), the catcher vessel Section 103(4) of the High Seas Fishing offs and strandings of gray whales from the HAZEL LORRAINE (United States Official eastern Pacific stock. In addition, the study Compliance Act of 1995 (16 U.S.C. 5502(4)) is Number 592211) and the catcher vessel amended by inserting ‘‘or subject to the ju- PROVIDIAN (United States Official Number should include information from studies of the risdiction of the United States’’ after 1062183) shall be considered to be vessels that western Pacific stock of gray whales to the ex- ‘‘United States’’. are eligible to harvest the directed fishing tent practicable. This study will give marine SEC. 306. REIMBURSEMENT OF EXPENSES. allowance under section 206(b)(1) of that Act mammal scientists information on a number of Notwithstanding section 3302 (b) and (c) of pursuant to a Federal fishing permit in the issues regarding gray whales including, title 31, United States Code, all amounts re- same manner as, and subject to the same re- among other things, whether the eastern Pa- ceived by the United States in settlement of, quirements and limitations on that har- cific stock has reached the carrying capacity or judgment for, damage claims arising from vesting as apply to, catcher vessels that are of the eastern Pacific Ocean. The language the October 9, 1992, allision of the vessel eligible to harvest that directed fishing al- authorizes $290,000 for Fiscal Year 2001 and ZACHARY into the National Oceanic and At- lowance under section 208(a) of that Act. $500,000 for each of Fiscal years 2002, 2003, mospheric Administration research vessel The SPEAKER pro tempore. Pursu- DISCOVERER, and from the disposal of ma- and 2004. rine assets, and all amounts received by the ant to the rule, the gentleman from Title V would make two additional catcher United States from the disposal of marine Alaska (Mr. YOUNG) and the gentleman vessels eligible to participate in the Bering assets of the National Oceanic and Atmos- from California (Mr. GEORGE MILLER) Sea pollock fishery cooperatives authorized pheric Administration— each will control 20 minutes. under the American Fisheries Act. (1) shall be retained as an offsetting collec- The Chair recognizes the gentleman I urge my colleagues to vote ‘‘aye’’ on this tion in the Operations, Research and Facili- from Alaska (Mr. YOUNG). measure. ties account of the National Oceanic and At- Mr. YOUNG of Alaska. Mr. Speaker, I Mr. Speaker, I reserve the balance of mospheric Administration; yield myself such time as I may con- my time. (2) shall be deposited into that account sume. Mr. GEORGE MILLER of California. upon receipt by the United States Govern- Mr. Speaker, I yield myself such time ment; and H.R. 1653, as amended, the Pribilof Is- lands Transition Act, was passed by the as I may consume. (3) shall be available only for obligation for Mr. Speaker, I rise in support of this National Oceanic and Atmospheric Adminis- House in June 2000 with 400 aye votes. legislation, although I must tell the tration hydrographic and fisheries vessel op- Unfortunately, the other body has not erations. yet acted on it. gentleman that I am going to ask for a vote on this legislation because I am SEC. 307. TECHNICAL CORRECTIONS TO NA- The Pribilof Islands, St. Paul and St. concerned about how these bills are TIONAL MARINE SANCTUARIES ACT. George, are located in the Bering Sea being presented at this time. (a) CROSS REFERENCE CORRECTION.—Section and serve as the breeding ground of the Mr. Speaker, I rise in support of this pack- 304(f)(2) of the National Marine Sanctuaries North Pacific fur seal. The islands were Act (16 U.S.C. 1434(f)(2)) is amended by strik- age of ocean and fishery related bills. ing ‘‘paragraph (2)’’ and inserting ‘‘subpara- settled when Russian fur seal traders This package includes the coral reef con- graphs (A) and (B) of paragraph (1)’’. forcibly kidnapped, relocated and servation legislation passed by the other body. (b) SHORT TITLE CORRECTION.—Section 317 enslaved Native Alaskan Aleuts to con- The environmental health and condition of our of such Act (16 U.S.C. 1445 note) is amended duct fur seal harvests. Nation’s coral reef resources are in a state of by striking ‘‘ ‘The’’ and inserting ‘‘the ‘ ’’. This bill compensates local commu- serious decline due to a combination of factors (c) EFFECTIVE DATE.—Subsection (a) shall nities for expenses they incurred when take effect January 1, 2001. including polluted run-off and marine debris. the Federal Government, formerly the Consequently, it is critical for the Congress TITLE IV—STUDY OF EASTERN GRAY sole landowner and employer on the is- to establish a comprehensive program at the WHALE POPULATION lands, withdrew its jobs and municipal Federal level to support scientific research, SEC. 401. STUDY OF THE EASTERN GRAY WHALE services. It also authorizes funds to mapping, monitoring and restoration activities POPULATION. complete the environmental cleanup of on the State and local level. (a) STUDY.—Not later than 180 days after the mess the Federal Government left the date of enactment of this Act and subject I note that this package also includes a pro- to the availability of appropriations, the on the islands during its 120-year reign. vision to direct the National Marine Fisheries Secretary of Commerce shall initiate a study Finally, the bill establishes what Service to initiate a new scientific study con- of the environmental and biological factors NOAA must do before its responsibil- cerning the eastern population of Pacific gray responsible for the significant increase in ities on the islands are terminated. whales.

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For reasons that are poorly understood, SAXTON, Mr. FALEOMAVAEGA, and our Senate sands of Americans could have been lost, the hundreds of Pacific gray whales have washed colleagues paying off in such grand fashion for loss of property could have been extensive, up on the California coast over the past two a true success for our environment and ma- and the scenic beauty of the public lands and adjacent State and private lands could have years—either in an emaciated condition, or rine resources. been severely altered: Now, therefore, be it dead. The increased frequency and number of Mr. YOUNG of Alaska. Mr. Speaker, I Resolved by the House of Representatives (the strandings has generated great concern yield back the balance of my time. Senate concurring), That the Congress— among marine mammal biologists in Cali- The SPEAKER pro tempore. The (1) commends the men and women, includ- fornia, and up and down the Pacific coast. question is on the motion offered by ing professional firefighters, volunteers, and We need to better understand why these the gentleman from Alaska (Mr. military personnel, who fought wildfires on strandings are happening, and I urge NOAA to YOUNG) that the House suspend the public domain lands during the 2000 wildfire initiate this important study as quickly as pos- rules and pass the bill, H.R. 1653, as season for their bravery, their extraordinary efforts to contain the wildfires, and their sible. amended. The question was taken. commitment to protect lives, property, and Mr. Speaker, I yield back the balance the surrounding communities; and of my time. The SPEAKER pro tempore. In the (2) mourns the loss of life of the 16 persons Mr. YOUNG of Alaska. Mr. Speaker, I opinion of the Chair, two-thirds of who died while defending the fire lines. yield such time as he may consume to those present have voted in the affirm- The SPEAKER pro tempore. Pursu- the gentleman from New Jersey (Mr. ative. ant to the rule, the gentleman from Mr. GEORGE MILLER of California. SAXTON). Utah (Mr. HANSEN) and the gentleman Mr. SAXTON. I thank the gentleman Mr. Speaker, I object to the vote on the from California (Mr. GEORGE MILLER) ground that a quorum is not present for yielding me this time. each will control 20 minutes. Mr. Speaker, this measure also in- and make the point of order that a The Chair recognizes the gentleman cludes, and I would like to point out, quorum is not present. from Utah (Mr. HANSEN). the coral reef conservation provisions The SPEAKER pro tempore. Pursu- Mr. HANSEN. Mr. Speaker, I yield similar to the legislation I introduced, ant to clause 8, rule XX and the Chair’s myself such time as I may consume. H.R. 3919. This bill is extremely impor- prior announcement, further pro- House Concurrent Resolution 434 tant in this regard, as coral reefs are ceedings on this motion will be post- commends the heroic men and women threatened by a variety of natural im- poned. who fought fires during this, the worst pacts and human activities, including The point of no quorum is considered fire season in 50 years. This resolution, coral disease, hurricanes, destructive withdrawn. introduced by the gentleman from Or- fisheries practices, pollution and f egon (Mr. WALDEN), also mourns the changing ocean conditions. Despite COMMENDING MEN AND WOMEN loss of the 16 who lost their lives while these threats, coral reefs support the WHO FOUGHT WILDFIRES IN 2000 protecting others. economies of many local communities Mr. Speaker, I reserve the balance of and are essential habitat for many of Mr. HANSEN. Mr. Speaker, I move to suspend the rules and agree to the con- my time. this Nation’s recreational and commer- Mr. GEORGE MILLER of California. current resolution (H. Con. Res. 434) cial fisheries. Mr. Speaker, I yield myself such time commending the men and women who This legislation establishes new Fed- as I may consume. fought the year 2000 wildfires for their eral-State-local partnerships to work I rise in strong support of H. Con. heroic efforts in protecting human on conservation and restoration pro- Res. 434. This fire season, nearly 7 mil- lives and safety and limiting property grams. It authorizes Federal matching lion acres of land burned throughout losses. grants to protect and restore these val- the West in over 85,000 wildfires. Nearly The Clerk read as follows: uable natural resources. It also author- 1,000 homes were destroyed. Yet, izes NOAA to conduct mapping, moni- H. CON. RES. 434 through the valiant efforts of over toring, assessment, education, con- Whereas the 2000 wildfire season in the 30,000 wildland firefighters, both profes- servation and management activities United States was the largest and most se- sional and volunteer, property damage vere in the last 50 years and consisted of relating to coral reefs. and loss of life were minimized. These Mr. Speaker, I urge an ‘‘aye’’ vote on more than 85,000 wildfires; Whereas almost 7,000,000 acres of public brave and dedicated men and women this measure. lands and adjacent State and private lands work far from home for long periods of Mr. ABERCROMBIE. Mr. Speaker, I rise in were subjected to these wildfires; time, under grueling conditions, and support of this bill, which is vital for the health Whereas over 30,000 professional and volun- with few rewards to protect our land, and future of America’s coral reef resources. teer firefighters participated in fighting and our homes and our lives. The estimated 4,200,000 acres of U.S. coral controlling these wildfires; I join my colleagues in commending reef resources in the U.S. Exclusive Economic Whereas the Hotshot firefighting crews those extraordinary workers who lit- Zone (EEZ) are at high risk and in dire need were instrumental in providing the expertise and training necessary to restrict the sever- erally put their lives on the line every of enhanced protection, research and man- ity of these wildfires; day. Sadly, during the course of this agement. This bill creates a much needed Whereas volunteer firefighters from across fire season, 16 firefighters died in the comprehensive mechanism to protect the Na- America and members of the Armed Forces line of duty. I join my colleagues in tion’s coral reefs, as well as support the activi- played a crucial role in combating these recognizing their sacrifice and mourn- ties of the U.S. Coral Reef Task Force and wildfires and preventing them from destroy- ing their loss. I want to thank the other stakeholders. Coral reefs truly are the ing thousands of homes; sponsors of this resolution, the gen- Whereas, in addition to the American fire- ‘‘rainforests of the oceans.’’ There have been tleman from Oregon (Mr. WALDEN), the many concerted efforts by the Administration, fighters, 1,800 men and women from Canada, New Zealand, Australia, and Mexico joined gentleman from New Mexico (Mr. Congress, states, and local communities to in the fight against these wildfires; UDALL), and the gentleman from Colo- protect and safely manage corals. Since the Whereas the information and coordination rado (Mr. UDALL), who particularly felt Coral Reef Task Force released its National of the National Interagency Fire Center in the impact of these fires in their States Action Plan in March, Federal, state, territorial, Boise, Idaho, greatly assisted in minimizing and join them in expressing gratitude and local partners have moved forward to im- the effects of these wildfires; to the firefighters. prove our protection of these valuable and Whereas the support from local residents, Mr. Speaker, I yield back the balance fragile areas through effective stewardship of communities, and counties helped maintain of my time. coral reefs. This bill would provide needed au- the high morale of the firefighters; Mr. HANSEN. Mr. Speaker, I yield Whereas, in spite of the rugged terrain and thorization for coral conservation project fund- the intense speed and size of the year 2000 such time as he may consume to the ing and enhance needed partnerships to pro- wildfires, the firefighter crews managed to gentleman from Oregon (Mr. WALDEN), tect reefs. Designing an effective bill has taken limit property losses to 852 structures; and the author of this legislation. ten long years, and I am pleased to see the Whereas, if not for the hard work and dedi- Mr. WALDEN of Oregon. Mr. Speak- efforts of Chairman YOUNG, Mr. MILLER, Mr. cation of these firefighters, the lives of thou- er, I rise today in support of House

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25542 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Concurrent Resolution 434. This legis- over 400 homes and businesses within Los Al- on the motion offered by the gen- lation commends the heroic men and amos, NM. The New Mexico firefighters dis- tleman from Utah (Mr. HANSEN) that women who fought fires during this played exemplary courage and profes- the House suspend the rules and agree 2000 wildfire season. It was the worst sionalism when combating this inferno. to the concurrent resolution, H. Con. fire season in 50 years. Even today, in North Carolina, Missouri and Res. 434. Mr. Speaker, this legislation also Illinois for example, large fires still burn uncon- The question was taken; and (two- mourns the tragic loss of 16 firefighters trolled as a result of low moisture and high thirds having voted in favor thereof) who lost their lives while protecting winds. the rules were suspended and the con- others. The 2000 wildfire season in the This year more than 30,000 firefighters, in- current resolution was agreed to. United States was the largest and most cluding 6 military battalions, performed fire- A motion to reconsider was laid on severe in the last 50 years and con- fighting duties enduring numerous hazardous the table. sisted of more than 85,000 wildfires. conditions away from their friends and loved f More than 7 million acres of public ones. Through it all, these committed men and DILLONWOOD GIANT SEQUOIA lands and adjacent State and private women performed with enthusiasm and brav- GROVE PARK EXPANSION ACT lands were subjected to these wildfires. ery despite their many hardships. Mr. HANSEN. Mr. Speaker, I move to b 1415 I strongly believe that we will continue to see severe fire years in the future and will suspend the rules and pass the bill More than 30,000 professional and vol- therefore again call upon these professional (H.R. 4020) to authorize an extension of unteer fire fighters risked their lives to and dedicated firefighters to utilize their skills the boundaries of Sequoia National participate in fighting and controlling in service to their fellow men and commu- Park to include Dillonwood Giant Se- these wildfires. In spite of the rugged nities. quoia Grove, as amended. terrain and the intense speed and the Notwithstanding this prognosis, I am opti- The Clerk read as follows: size of the year 2000 wildfires, the fire- mistic that our cadre of firefighters will con- H.R. 4020 fighter crews managed to limit prop- tinue to perform when called upon. Be it enacted by the Senate and House of Rep- erty losses to just 852 structures. It On the same note, I am also pleased with resentatives of the United States of America in Congress assembled, could have been so much worse. the bipartisan support of H.R. 2814, The Mr. Speaker, if not for these fire Wildland Firefighters Pay Equity Act, cospon- TITLE I—ADDITION OF LAND TO SEQUOIA NATIONAL PARK fighters, the loss of lives and property sored by myself, and Mr. POMBO which pro- SEC. 101. ADDITION TO SEQUOIA NATIONAL could have been far more extensive vides fair and equitable pay to the thousands than it was. PARK. of wildland firefighters. This legislation has (a) IN GENERAL.—As soon as practicable So let this United States House of passed this chamber and now awaits Senate after the date of enactment of this Act, the Representatives honor those fire fight- approval. Secretary of the Interior shall acquire by do- ers who tragically lost their lives and I strongly support H. Con. Res. 434 in trib- nation, purchase with donated or appro- those who stood on the lines to protect ute to all of those who have sacrificed this priated funds, or exchange, all interest in others by passing House Concurrent year. I strongly urge my colleagues to support and to the land described in subsection (b) for addition to Sequoia National Park, Cali- Resolution 434 today. this measure. Mr. HANSEN. Mr. Speaker, I yield fornia. Mr. UDALL of Colorado. Mr. Speaker, I am (b) LAND ACQUIRED.—The land referred to myself such time as I may consume. an original cosponsor of this resolution and I in subsection (a) is the land depicted on the Mr. Speaker, I must add, as I look at rise in its support. map entitled ‘‘Dillonwood’’, numbered 102/ the tremendous fires we have had in The resolution commends the men and 80,044, and dated September 1999. the West at this time, that a lot of this women who fought the year 2000 wildfires for (c) ADDITION TO PARK.—Upon acquisition of is because we have not managed the their heroic efforts in protecting human lives the land under subsection (a)— (1) the Secretary of the Interior shall— forests. That argument has been going and safety and limiting property losses. on. We have held hearings on it. We (A) modify the boundaries of Sequoia Na- As the resolution notes, this summer’s wild- tional Park to include the land within the have not managed the forests. We have fire seasons was the most severe in the last park; and not cleaned the forests. We have not 50 years. Across the country, there were more (B) administer the land as part of Sequoia cleared the forests. We have not than 85,000 wildfires that affected almost National Park in accordance with all appli- thinned the forests and when some of 7,000,000 acres of public lands and adjacent cable laws; and these people get the idea to let Mother State and private lands—and more than (2) The Secretary of Agriculture shall mod- Nature do it, we paid big time for it 30,000 professional and volunteer firefighters ify the boundaries of the Sequoia National this last fire season. I hope now we all Forest to exclude the land from the forest were called upon to join in fighting them. boundaries. wake up to the idea that we have to go These were men and women from all parts back and manage the forests and the TITLE II—UPPER HOUSATONIC NATIONAL of the country, including members of the HERITAGE AREA public lands of America and take good Armed Forces, and also 1,800 men and care of them rather than let them just SEC. 201. AUTHORIZATION OF STUDY. women from Canada, New Zealand, Australia, (a) IN GENERAL.—The Secretary of the In- go helter skelter like we have done, and Mexico. terior (in this section referred to as the and we pay for it. In Colorado, though we were more fortunate ‘‘Secretary’’) shall conduct a study of the Last January we had a hearing, and than some of our western neighbors, we had Upper Housatonic National Heritage Area (in past foresters all said this will be the several major fires along the Front Range and this section referred to as the ‘‘Study worst fire year we have ever had. Those in other parts of the state. In addition, Colo- Area’’). The study shall include analysis, men were true prophets. They were radans joined in fighting fires in Montana, documentation, and determinations regard- right. That is what we had, and that is Idaho, and elsewhere. ing whether the Study Area— what we get for neglecting the forests. (1) has an assemblage of natural, historic, As the resolution says, without their hard and cultural resources that together rep- Mr. UDALL of New Mexico. Mr. Speaker, I work and dedication, there could have been resent distinctive aspects of American herit- rise in strong support of H. Con. Res. 434 to even greater loss of lives and the loss of prop- age worthy of recognition, conservation, in- commend wildland firefighters and I do so in erty could have been even greater than it was. terpretation, and continuing use, and are praise and appreciation for the splendid and So it is very appropriate for the Congress to best managed through partnerships among courageous job that these firefighters per- commend all those who joined in this effort, public and private entities and by combining formed this year. and to remember and mourn the 16 persons diverse and sometimes noncontiguous re- As many of you know, this year marked one who died while fighting these fires. sources and active communities; (2) reflects traditions, customs, beliefs and of the most horrific fire years in our Nation’s I urge adoption of this resolution. folklife that are a valuable part of the na- history. Almost 7 million acres burned and it’s Mr. HANSEN. Mr. Speaker, I yield tional story; still not over. As many of you know the Cerro back the balance of my time. (3) provides outstanding opportunities to Grande fire, which occurred within my district, The SPEAKER pro tempore (Mr. conserve natural, historic, cultural, and/or scorched over 40,000 acres and consumed BARRETT of Nebraska). The question is scenic features;

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25543 (4) provides outstanding recreational and (B) promptly publish a certification when ‘‘(A) all land comprising the parcel de- educational opportunities; the total amount of royalty withheld under scribed in subsection (b)(3) that is above the (5) contains resources important to the this section is equal to the sum of— mean line of ordinary high tide, lying and identified theme or themes of the Study (i) $18,115,147; plus being situated in Harrison County, Mis- Area that retain a degree of integrity capa- (ii) simple annual interest on the dif- sissippi, consisting of— ble of supporting interpretation; ference, on January 1 of each year, between ‘‘(i) Sections 25 and 26, Township 9 South, (6) includes residents, business interests, the amount referred to in clause (i) and the Range 12 West; nonprofit organizations, and local and State total amount of royalty withheld under this ‘‘(ii) Sections 22, 27, 28, 29, 30, 31, 32, 33, and governments who are involved in the plan- section, determined at 8 percent per year for 34, Township 9 South, Range 11 West; and ning, have developed a conceptual financial the period beginning March 21, 1989, and end- ‘‘(iii) Section 4, Township 10 South, Range plan that outlines the roles for all partici- ing on the date on which the amount of roy- 11 West; pants including the Federal Government, alty withheld under this section is equal to ‘‘(B) an easement over the approximately and have demonstrated support for the con- the amount referred to in clause (i). 150-acre parcel depicted as the ‘Boddie Fam- cept of a national heritage area; (b) PERIOD OF ROYALTY RELIEF.—Sub- ily Tract’ on the Cat Island Map for the pur- (7) has a potential management entity to section (a) shall apply to royalty amounts pose of implementing an agreement with the work in partnership with residents, business that are due and payable in the period begin- owners of the parcel concerning the develop- interests, nonprofit organizations, and local ning on October 1, 2001, and ending on the ment and use of the parcel; and and State Governments to develop a national date on which the Secretary publishes a cer- ‘‘(C)(i) land and interests in land on Cat Is- heritage area consistent with continued tification under subsection (a)(3)(B). land outside the 2,000-acre area depicted on (c) DEFINITIONS.—As used in this section: local and State economic activity; and the Cat Island Map; and (1) COVERED LEASE TRACT.—The term ‘‘cov- (8) has a conceptual boundary map that is ‘‘(ii) submerged land that lies within 1 mile ered lease tract’’ means a leased tract (or supported by the public. seaward of Cat Island (referred to in this Act portion of a leased tract)— as the ‘buffer zone’), except that submerged (b) CONSULTATION.—In conducting the (A) lying seaward of the zone defined and land owned by the State of Mississippi (or a study, the Secretary shall consult with the governed by section 8(g) of the Outer Conti- subdivision of the State) may be acquired State historic preservation officers, State nental Shelf Lands Act (43 U.S.C. 1337(g)); or historical societies and other appropriate or- (B) lying within such zone but to which only by donation. ganizations. such section does not apply. ‘‘(2) ADMINISTRATION.— ‘‘(A) IN GENERAL.—Land and interests in SEC. 202. BOUNDARIES OF THE STUDY AREA. (2) STATE LESSEE.—The term ‘‘State les- land acquired under this subsection shall be The Study Area shall be comprised of— see’’ means a person (including a successor administered by the Secretary, acting (1) part of the Housatonic River’s water- or assign of a person), that, on the date of through the Director of the National Park shed, which extends 60 miles from Lanesboro, enactment of the Oil Pollution Act of 1990 Service. Massachusetts to Kent, Connecticut; (Public Law 101–380; August 18, 1990), held ‘‘(B) BUFFER ZONE.—Nothing in this Act or (2) the towns of Canaan, Cornwall, Kent, lease rights in the State of Louisiana off- any other provision of law shall require the Norfolk, North Canaan, Salisbury, Sharon, shore leases SL10087, SL10088, and SL10187, State of Mississippi to convey to the Sec- and Warren in Connecticut; and but did not hold lease rights in Federal off- retary any right, title, or interest in or to (3) the towns of Alford, Dalton, Egremont, shore lease OCS–G–5669. the buffer zone as a condition for the estab- Great Barrington, Hinsdale, Lanesboro, Lee, TITLE IV—INCLUSION OF CAT ISLAND IN lishment of the buffer zone. Lenox, Monterey, Mount Washington, New GULF ISLANDS NATIONAL SEASHORE ‘‘(3) MODIFICATION OF BOUNDARY.—The Marlboro, Pittsfield, Richmond, Sheffield, SEC. 401. BOUNDARY ADJUSTMENT TO INCLUDE boundary of the seashore shall be modified to Stockbridge, Tyringham, Washington, and CAT ISLAND. reflect the acquisition of land under this sub- West Stockbridge in Massachusetts. (a) IN GENERAL.—The first section of Pub- section.’’. SEC. 203. REPORT. lic Law 91–660 (16 U.S.C. 459h) is amended— (1) in the first sentence, by striking ‘‘That, (c) REGULATION OF FISHING.—Section 3 of Not later than 3 fiscal years after the date in’’ and inserting the following: Public Law 91–660 (16 U.S.C. 459h–2) is amend- on which funds are first available for this ed— title, the Secretary shall submit to the Com- ‘‘SECTION 1. GULF ISLANDS NATIONAL SEA- SHORE. (1) by inserting ‘‘(a) IN GENERAL.—’’ before mittee on Energy and Natural Resources of ‘‘(a) ESTABLISHMENT.—In’’; and ‘‘The Secretary’’; and the Senate and the Committee on Resources (2) in the second sentence— (2) by adding at the end the following: of the House of Representatives a report on (A) by redesignating paragraphs (1) ‘‘(b) NO AUTHORITY TO REGULATE MARITIME the findings, conclusions, and recommenda- through (6) as subparagraphs (A) through (F), ACTIVITIES.—Nothing in this Act or any tions of the study. respectively, and indenting appropriately; other provision of law shall affect any right SEC. 204. AUTHORIZATION OF APPROPRIATIONS. (B) by striking ‘‘The seashore shall com- of the State of Mississippi, or give the Sec- There are authorized to be appropriated prise’’ and inserting the following: retary any authority, to regulate maritime $300,000 to carry out the provisions of this ‘‘(b) COMPOSITION.— activities, including nonseashore fishing ac- title. ‘‘(1) IN GENERAL.—The seashore shall com- tivities (including shrimping), in any area prise the areas described in paragraphs (2) TITLE III—WITHHOLDING OF ROYALTY that, on the date of enactment of this sub- and (3). PAYMENTS UNDER CERTAIN CIR- section, is outside the designated boundary ‘‘(2) AREAS INCLUDED IN BOUNDARY PLAN CUMSTANCES of the seashore (including the buffer zone).’’. NUMBERED NS-GI-7100J.—The areas described in (d) AUTHORIZATION OF MANAGEMENT AGREE- SEC. 301. ROYALTY PAYMENTS UNDER LEASES this paragraph are’’: and MENTS.—Section 5 of Public Law 91–660 (16 UNDER THE OUTER CONTINENTAL (C) by adding at the end the following: SHELF LANDS ACT. U.S.C. 459h–4) is amended— ‘‘(3) CAT ISLAND.—The area described in (1) by inserting ‘‘(a) IN GENERAL.—’’ before (a) ROYALTY RELIEF.— this paragraph is the parcel consisting of ap- ‘‘Except’’; and (1) IN GENERAL.—A State lessee may with- proximately 2,000 acres of land on Cat Island, (2) by adding at the end the following: hold from payment any royalty due and Mississippi, as generally depicted on the map owing to the United States under any lease entitled ‘Boundary Map, Gulf Islands Na- ‘‘(b) AGREEMENTS.— under the Outer Continental Shelf Lands Act tional Seashore, Cat Island, Mississippi’, ‘‘(1) IN GENERAL.—The Secretary may enter (43 U.S.C. 1301 et seq.) for offshore oil or gas numbered 635/80085, and dated November 9, into agreements— production from a covered lease tract if, on 1999 (referred to in this Act as the ‘Cat Island ‘‘(A) with the State of Mississippi for the or before the date that the payment is due Map’). purposes of managing resources and pro- and payable to the United States, the State ‘‘(4) AVAILABILITY OF MAP.—The Cat Island viding law enforcement assistance, subject lessee makes a payment to the State of Lou- Map shall be on file and available for public to authorization by State law, and emer- isiana of 44 cents for every $1 of royalty inspection in the appropriate offices of the gency services on or within any land on Cat withheld. National Park Service.’’. Island and any water and submerged land (2) TREATMENT OF WITHHELD AMOUNTS.— (b) ACQUISITION AUTHORITY.—Section 2 of within the buffer zone; and Any royalty withheld by a State lessee in ac- Public Law 91–660 (16 U.S.C. 459h–1) is amend- ‘‘(B) with the owners of the approximately cordance with this section shall be treated as ed— 150-acre parcel depicted as the ‘Boddie Fam- paid for purposes of satisfaction of the roy- (1) in the first sentence of subsection (a), ily Tract’ on the Cat Island Map concerning alty obligations of the State lessee to the by striking ‘‘lands,’’ and inserting ‘‘sub- the development and use of the land. United States. merged land, land,’’; and ‘‘(2) NO AUTHORITY TO ENFORCE CERTAIN (3) CERTIFICATION OF WITHHELD AMOUNTS.— (2) by adding at the end the following: REGULATIONS.—Nothing in this subsection The Secretary of the Treasury shall— ‘‘(e) ACQUISITION AUTHORITY.— authorizes the Secretary to enforce Federal (A) determine the amount of royalty with- ‘‘(1) IN GENERAL.—The Secretary may ac- regulations outside the land area within the held under this section; and quire, from a willing seller only— designated boundary of the seashore.’’.

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(e) AUTHORIZATION OF APPROPRIATIONS.— (e) USE OF LAND.— to the United States, that is acceptable to Section 11 of Public Law 91–660 (16 U.S.C. (1) IN GENERAL.—In using the parcel con- and approved by the Secretary of the Inte- 459h–10) is amended— veyed under subsection (c), the Tribe and rior. (1) by inserting ‘‘(a) IN GENERAL.—’’ before members of the Tribe— (d) TERMS AND CONDITIONS.— ‘‘There’’; and (A) shall limit the use of the parcel to tra- (1) IN GENERAL.—Except as otherwise pro- (2) by adding at the end the following: ditional and customary uses and stewardship vided in this title, the exchange of lands and ‘‘(b) AUTHORIZATION FOR ACQUISITION OF conservation of the Tribe and not permit any interests pursuant to this title shall be in ac- LAND.—In addition to the funds authorized commercial use (including commercial de- cordance with the provisions of section 206 of by subsection (a), there are authorized to be velopment, residential development, gaming, the Federal Land Policy and Management appropriated such sums as are necessary to sale of timber, or mineral extraction); and Act of 1976 (43 U.S.C. 1716) and other applica- acquire land and submerged land on and ad- (B) shall comply with environmental re- ble laws including the National Environ- jacent to Cat Island, Mississippi.’’. quirements that are no less protective than mental Policy Act of 1969 (42 U.S.C. 4321 et TITLE V—WASHOE TRIBE LAND environmental requirements that apply seq.). CONVEYANCE under the Regional Plan of the Tahoe Re- (2) VALUATION AND APPRAISALS.—The val- SEC. 501. WASHOE TRIBE LAND CONVEYANCE. gional Planning Agency. ues of the lands and interests to be ex- (a) FINDINGS.—Congress finds that— (2) REVERSION.—If the Secretary of the In- changed pursuant to this title shall be equal, (1) the ancestral homeland of the Washoe terior, after notice to the Tribe and an op- as determined by appraisals using nationally Tribe of Nevada and California (referred to portunity for a hearing, based on monitoring recognized appraisal standards including the in this section as the ‘‘Tribe’’) included an of use of the parcel by the Tribe, makes a Uniform Appraisal Standards for Federal area of approximately 5,000 square miles in finding that the Tribe has used or permitted Land Acquisition. The Secretaries shall ob- and around Lake Tahoe, California and Ne- the use of the parcel in violation of para- tain the appraisals and insure they are con- vada, and Lake Tahoe was the heart of the graph (1) and the Tribe fails to take correc- ducted in accordance with the Uniform Ap- territory; tive or remedial action directed by the Sec- praisal Standards for Federal Land Acquisi- (2) in 1997, Federal, State, and local gov- retary of the Interior, title to the parcel tion. The appraisals shall be paid for in ac- ernments, together with many private land- shall revert to the Secretary of Agriculture. cordance with the exchange agreement be- holders, recognized the Washoe people as in- tween the Secretaries and the landowner. TITLE VI—PECOS NATIONAL HISTORICAL (3) COMPLETION OF THE EXCHANGE.—The ex- digenous people of Lake Tahoe Basin PARK LAND EXCHANGE through a series of meetings convened by change of lands and interests pursuant to those governments at 2 locations in Lake SEC. 601. SHORT TITLE. this title shall be completed not later than Tahoe; This title may be cited as the ‘‘Pecos Na- 180 days after the requirements of the Na- (3) the meetings were held to address pro- tional Historical Park Land Exchange Act of tional Environmental Policy Act of 1969 have tection of the extraordinary natural, rec- 2000’’. been met and after the Secretary of the Inte- reational, and ecological resources in the SEC. 602. DEFINITIONS. rior approves the appraisals. The Secretaries Lake Tahoe region; As used in this title— shall report to the Committee on Energy and (4) the resulting multiagency agreement (1) the term ‘‘Secretaries’’ means the Sec- Natural Resources of the Senate and the includes objectives that support the tradi- retary of the Interior and the Secretary of Committee on Resources of the House of tional and customary uses of Forest Service Agriculture; Representatives upon the successful comple- land by the Tribe; and (2) the term ‘‘landowner’’ means Harold tion of the exchange. (5) those objectives include the provision of and Elisabeth Zuschlag, owners of land with- (4) ADDITIONAL TERMS AND CONDITIONS.— access by members of the Tribe to the shore in the Pecos National Historical Park; and The Secretaries may require such additional of Lake Tahoe in order to reestablish tradi- (3) the term ‘‘map’’ means a map entitled terms and conditions in connection with the tional and customary cultural practices. ‘‘Proposed Land Exchange for Pecos Na- exchange of lands and interests pursuant to this title as the Secretaries consider appro- (b) PURPOSES.—The purposes of this title tional Historical Park’’, numbered 430/80,054, priate to protect the interests of the United are— and dated November 19, 1999, revised Sep- States. (1) to implement the joint local, State, tember 18, 2000. tribal, and Federal objective of returning the (5) EQUALIZATION OF VALUES.— SEC. 603. LAND EXCHANGE. Tribe to Lake Tahoe; and (A) The Secretary of Agriculture shall (a) CONVEYANCE OF FEDERAL LAND AND IN- (2) to ensure that members of the Tribe equalize the values of Federal land conveyed TERESTS.—Upon the conveyance by the land- have the opportunity to engage in tradi- under subsection (a) and the land conveyed owner to the Secretary of the Interior of the tional and customary cultural practices on to the Federal Government under subsection lands identified in subsection (b), the Sec- the shore of Lake Tahoe to meet the needs of (b)— retary of Agriculture shall convey the fol- spiritual renewal, land stewardship, Washoe (i) by the payment of cash to the Secretary lowing lands and interests to the landowner, horticulture and ethnobotany, subsistence of Agriculture or the landowner, as appro- subject to the provisions of this title: gathering, traditional learning, and reunifi- priate, except that notwithstanding section (1) Approximately 160 acres of Federal cation of tribal and family bonds. 206(b) of the Federal Land Policy and Man- (c) CONVEYANCE.—Subject to valid existing lands and interests therein within the Santa agement Act of 1976 (43 U.S.C. 1716(b)), the rights and subject to the easement reserved Fe National Forest in the State of New Mex- Secretary of Agriculture may accept a cash under subsection (d), the Secretary of Agri- ico, as generally depicted on the map; and equalization payment in excess of 25 percent culture shall convey to the Secretary of the (2) The Secretary of the Interior shall con- of the value of the Federal land; or Interior, in trust for the Tribe, for no consid- vey an easement for water pipelines to two (ii) if the value of the Federal land is eration, all right, title, and interest in the existing well sites, located within the Pecos greater than the land conveyed to the Fed- parcel of land comprising approximately 24.3 National Historical Park, as provided in this eral government, by reducing the acreage of acres, located within the Lake Tahoe Basin paragraph. the Federal land conveyed. Management Unit north of Skunk Harbor, (A) The Secretary of the Interior shall de- (B) DISPOSITION OF FUNDS.—Any funds re- Nevada, and more particularly described as termine the appropriate route of the ease- ceived by the Secretary of Agriculture as Mount Diablo Meridian, T15N, R18E, section ment through Pecos National Historical cash equalization payment from the ex- 27, lot 3. Park and such route shall be a condition of change under this section shall be deposited (d) EASEMENT.— the easement. The Secretary of the Interior into the fund established by Public Law 90– (1) IN GENERAL.—The conveyance under may add such additional terms and condi- 171 (commonly known as the Sisk Act; 16 subsection (c) shall be made subject to res- tions relating to the use of the well and pipe- U.S.C. 484a) and shall be available for ex- ervation to the United States of a nonexclu- line granted under this easement as he penditure, without further appropriation, for sive easement for public and administrative deems appropriate. the acquisition of land and interests in the access over Forest Development Road #15N67 (B) The easement shall be established, op- land in the State of New Mexico. to National Forest System land. erated, and maintained in compliance with SEC. 604. BOUNDARY ADJUSTMENT AND MAPS. (2) ACCESS BY INDIVIDUALS WITH DISABIL- all Federal laws. (a) BOUNDARY ADJUSTMENT.—Upon accept- ITIES.—The Secretary shall provide a recip- (b) RECEIPT OF PRIVATE LANDS.—The lands ance of title by the Secretary of the Interior rocal easement to the Tribe permitting ve- to be conveyed by the landowner to the Sec- of the lands and interests conveyed to the hicular access to the parcel over Forest De- retary of the Interior comprise approxi- United States pursuant to section 603, the velopment Road #15N67 to— mately 154 acres within the Pecos National boundaries of the Pecos National Historical (A) members of the Tribe for administra- Historical Park as generally depicted on the Park shall be adjusted to encompass such tive and safety purposes; and map. lands. The Secretary of the Interior shall ad- (B) members of the Tribe who, due to age, (c) CONDITION OF EXCHANGE.—The Sec- minister such lands in accordance with the infirmity, or disability, would have dif- retary of Agriculture shall convey the lands provisions of law generally applicable to ficulty accessing the conveyed parcel on and interests identified in subsection (a) units of the National Park System, including foot. only if the landowner conveys a deed of title the Act of August 25, 1916 (16 U.S.C. 1, 2–4).

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(b) MAPS.—The map shall be on file and vey satisfactory to the Secretary and the ap- (c) WILDERNESS STUDY.—In fulfillment of available for public inspection in the appro- plicant. The cost of the survey shall be borne the responsibilities of the Secretary under priate offices of the Secretaries. by the applicant. the Wilderness Act (16 U.S.C. 1131 et seq.) (c) SUBMISSION TO CONGRESS.—Not later (d) REVIEW OF APPLICATIONS.—When the and of applicable agency policy, the Sec- than 180 days after completion of the ex- Secretary receives an application under this retary shall evaluate areas of land within change described in section 603, the Secre- section, the Secretary shall— the Lakeshore for inclusion in the National taries shall transmit the map accurately de- (1) before the end of the 14-day period be- Wilderness System. picting the lands and interests conveyed to ginning on the date of the receipt of the ap- (d) APOSTLE ISLANDS LIGHTHOUSES.—The the Committee on Energy and Natural Re- plication, provide notice of that receipt to Secretary shall undertake appropriate ac- sources of the Senate and the Committee on the applicant; and tion (including protection of the bluff toe be- Resources of the House of Representatives. (2) before the end of the 120-day period be- neath the lighthouses, stabilization of the ginning on that date— TITLE VII—CHESAPEAKE AND OHIO bank face, and dewatering of the area imme- (A) make a final determination whether or CANAL NATIONAL HISTORICAL PARK diately shoreward of the bluffs) to protect not to convey land pursuant to the applica- COMMISSION the lighthouse structures at Raspberry tion, and notify the applicant of that deter- Lighthouse and Outer Island Lighthouse on SEC. 701. CHESAPEAKE AND OHIO CANAL NA- mination; or the Lakeshore. TIONAL HISTORICAL PARK COMMIS- (B) submit written notice to the applicant SION. (e) COOPERATIVE AGREEMENTS.—Section 6 containing the reasons why a final deter- Section 6(g) of the Chesapeake and Ohio of Public Law 91–424 (16 U.S.C. 460w–5) is mination has not been made. Canal Development Act (16 U.S.C. 410y–4(g)) amended— (e) REVERSIONARY INTEREST.—If, at any (1) by striking ‘‘SEC. 6. The lakeshore’’ and is amended by striking ‘‘thirty’’ and insert- time after lands are conveyed pursuant to inserting the following: ing ‘‘40’’. this section, the entity to whom the lands TITLE VIII—EDUCATION LAND GRANTS were conveyed attempts to transfer title to ‘‘SEC. 6. MANAGEMENT. SEC. 801. SHORT TITLE. or control over the lands to another or the ‘‘(a) IN GENERAL.—The lakeshore’’; and This title may be cited as the ‘‘Education lands are devoted to a use other than the use (2) by adding at the end the following: Land Grant Act’’. for which the lands were conveyed, title to ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- the lands shall revert to the United States. retary may enter into a cooperative agree- SEC. 802. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL TITLE IX—GAYLORD NELSON APOSTLE ment with a Federal, State, tribal, or local PURPOSES. ISLANDS STEWARDSHIP government agency or a nonprofit private (a) AUTHORITY TO CONVEY.—Upon written SEC. 901. SHORT TITLE. entity if the Secretary determines that a co- application, the Secretary of Agriculture This title may be cited as the ‘‘Gaylord operative agreement would be beneficial in may convey National Forest System lands to Nelson Apostle Islands Stewardship Act of carrying out section 7.’’. a public school district for use for edu- 2000’’. (f) AUTHORIZATION OF APPROPRIATIONS.— cational purposes if the Secretary deter- SEC. 902. GAYLORD NELSON APOSTLE ISLANDS. There are authorized to be appropriated— mines that— (a) DECLARATIONS.—Congress declares (1) $200,000 to carry out subsection (c); and (1) the public school district seeking the that— (2) $3,900,000 to carry out subsection (d). conveyance will use the conveyed land for a (1) the Apostle Islands National Lakeshore TITLE X—PEOPLING OF AMERICA THEME public or publicly funded elementary or sec- is a national and a Wisconsin treasure; STUDY ondary school, to provide grounds or facili- (2) the State of Wisconsin is particularly SEC. 1001. SHORT TITLE. ties related to such a school, or for both pur- indebted to former Senator Gaylord Nelson This title may be cited as the ‘‘Peopling of poses; for his leadership in the creation of the America Theme Study Act’’. (2) the conveyance will serve the public in- Lakeshore; terest; (3) after more than 28 years of enjoyment, SEC. 1002. FINDINGS AND PURPOSES. (3) the land to be conveyed is not otherwise some issues critical to maintaining the over- (a) FINDINGS.—Congress finds that— needed for the purposes of the National For- all ecological, recreational, and cultural vi- (1) an important facet of the history of the est System; sion of the Lakeshore need additional atten- United States is the story of how the United (4) the total acreage to be conveyed does tion; States was populated; not exceed the amount reasonably necessary (4) the general management planning proc- (2) the migration, immigration, and settle- for the proposed use; ess for the Lakeshore has identified a need ment of the population of the United (5) the land is to be used for an established for a formal wilderness study; States— or proposed project that is described in de- (5) all land within the Lakeshore that (A) is broadly termed the ‘‘peopling of tail in the application to the Secretary, and might be suitable for designation as wilder- America’’; and the conveyance would serve public objectives ness are zoned and managed to protect wil- (B) is characterized by— (either locally or at large) that outweigh the derness characteristics pending completion (i) the movement of groups of people across objectives and values which would be served of such a study; external and internal boundaries of the by maintaining such land in Federal owner- (6) several historic lighthouses within the United States and territories of the United ship; Lakeshore are in danger of structural dam- States; and (6) the applicant is financially and other- age due to severe erosion; (ii) the interactions of those groups with wise capable of implementing the proposed (7) the Secretary of the Interior has been each other and with other populations; project; unable to take full advantage of cooperative (3) each of those groups has made unique, (7) the land to be conveyed has been identi- agreements with Federal, State, local, and important contributions to American his- fied for disposal in an applicable land and re- tribal governmental agencies, institutions of tory, culture, art, and life; source management plan under the Forest higher education, and other nonprofit orga- (4) the spiritual, intellectual, cultural, po- and Rangeland Renewable Resources Plan- nizations that could assist the National Park litical, and economic vitality of the United ning Act of 1974 (16 U.S.C. 1600 et seq.); and Service by contributing to the management States is a result of the pluralism and diver- (8) an opportunity for public participation of the Lakeshore; sity of the American population; in a disposal under this section has been pro- (8) because of competing needs in other (5) the success of the United States in em- vided, including at least one public hearing units of the National Park System, the bracing and accommodating diversity has or meeting, to provide for public comments. standard authorizing and budgetary process strengthened the national fabric and unified (b) ACREAGE LIMITATION.—A conveyance has not resulted in updated legislative au- the United States in its values, institutions, under this section may not exceed 80 acres. thority and necessary funding for improve- experiences, goals, and accomplishments; However, this limitation shall not be con- ments to the Lakeshore; and (6)(A) the National Park Service’s official strued to preclude an entity from submitting (9) the need for improvements to the Lake- thematic framework, revised in 1996, re- a subsequent application under this section shore and completion of a wilderness study sponds to the requirement of section 1209 of for an additional land conveyance if the enti- should be accorded a high priority among the Civil War Sites Study Act of 1990 (16 ty can demonstrate to the Secretary a need National Park Service activities. U.S.C. 1a–5 note; Public Law 101–628), that for additional land. (b) DEFINITIONS.—In this section: ‘‘the Secretary shall ensure that the full di- (c) COSTS AND MINERAL RIGHTS.—(1) A con- (1) LAKESHORE.—The term ‘‘Lakeshore’’ versity of American history and prehistory veyance under this section shall be for a means the Apostle Islands National Lake- are represented’’ in the identification and in- nominal cost. The conveyance may not in- shore. terpretation of historic properties by the Na- clude the transfer of mineral or water rights. (2) SECRETARY.—The term ‘‘Secretary’’ tional Park Service; and (2) If necessary, the exact acreage and legal means the Secretary of the Interior, acting (B) the thematic framework recognizes description of the real property conveyed through the Director of the National Park that ‘‘people are the primary agents of under this title shall be determined by a sur- Service. change’’ and establishes the theme of human

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25546 CONGRESSIONAL RECORD—HOUSE October 30, 2000 population movement and change—or ‘‘peo- (2) evaluate, identify, and recommend to ments/Area’’, numbered 604–20062A and dated pling places’’—as a primary thematic cat- Congress sites for which studies for potential May 1998; and egory for interpretation and preservation; inclusion in the National Park System (2) 80 acres of land, as generally depicted and should be authorized. on the map entitled ‘‘Emerald Mound Devel- (7) although there are approximately 70,000 (f) PUBLIC EDUCATION AND RESEARCH.— opment Concept Plan’’, numbered 604–20042E listings on the National Register of Historic (1) LINKAGES.— and dated August 1987. Places, sites associated with the exploration (A) ESTABLISHMENT.—On the basis of the (b) MAPS.—The maps referred to in sub- and settlement of the United States by a theme study, the Secretary may identify ap- section (a) shall be on file and available for broad range of cultures are not well rep- propriate means for establishing linkages— public inspection in the office of the Director resented. (i) between— of the National Park Service. (b) PURPOSES.—The purposes of this title (I) regions, areas, trails, districts, commu- (c) ACQUISITION.—The Secretary may ac- are— nities, sites, buildings, structures, objects, quire the land described in subsection (a) by (1) to foster a much-needed understanding organizations, societies, and cultures identi- donation, purchase with donated or appro- of the diversity and contribution of the fied under subsections (b) and (d); and priated funds, or exchange (including ex- breadth of groups who have peopled the (II) groups of people; and change with the State of Mississippi, local United States; and (ii) between— governments, and private persons). (2) to strengthen the ability of the Na- (I) regions, areas, districts, communities, (d) ADMINISTRATION.—Land acquired under tional Park Service to include groups and sites, buildings, structures, objects, organi- this section shall be administered by the events otherwise not recognized in the peo- zations, societies, and cultures identified Secretary as part of the Parkway. pling of the United States. under subsection (b); and SEC. 1103. AUTHORIZATION OF LEASING. SEC. 1003. DEFINITIONS. (II) units of the National Park System The Secretary, acting through the Super- In this title: identified under subsection (d). intendent of the Parkway, may lease land (1) SECRETARY.—The term ‘‘Secretary’’ (B) PURPOSE.—The purpose of the linkages within the boundary of the Parkway to the means the Secretary of the Interior. shall be to maximize opportunities for public city of Natchez, Mississippi, for any purpose (2) THEME STUDY.—The term ‘‘theme education and scholarly research on the peo- compatible with the Parkway. study’’ means the national historic land- pling of America. SEC. 1104. AUTHORIZATION OF APPROPRIATIONS. mark theme study required under section (2) COOPERATIVE ARRANGEMENTS.—On the There are authorized to be appropriated 1004. basis of the theme study, the Secretary such sums as are necessary to carry out this (3) PEOPLING OF AMERICA.—The term ‘‘peo- shall, subject to the availability of funds, title. pling of America’’ means the migration to enter into cooperative arrangements with TITLE XII—FORT MATANZAS NATIONAL and within, and the settlement of, the State and local governments, educational in- MONUMENT BOUNDARY ADJUSTMENT United States. stitutions, local historical organizations, SEC. 1201. DEFINITIONS. SEC. 1004. THEME STUDY. communities, and other appropriate entities In this title: (a) IN GENERAL.—The Secretary shall pre- to preserve and interpret key sites in the pare and submit to Congress a national his- peopling of America. (1) MAP.—The term ‘‘Map’’ means the map toric landmark theme study on the peopling (3) EDUCATIONAL INITIATIVES.— entitled ‘‘Fort Matanzas National Monu- of America. (A) IN GENERAL.—The documentation in ment’’, numbered 347/80,004 and dated Feb- (b) PURPOSE.—The purpose of the theme the theme study shall be used for broad edu- ruary, 1991. study shall be to identify regions, areas, cational initiatives such as— (2) MONUMENT.—The term ‘‘Monument’’ trails, districts, communities, sites, build- (i) popular publications; means the Fort Matanzas National Monu- ings, structures, objects, organizations, soci- (ii) curriculum material such as the Teach- ment in Florida. eties, and cultures that— ing with Historic Places program; (3) SECRETARY.—The term ‘‘Secretary’’ (1) best illustrate and commemorate key (iii) heritage tourism products such as the means the Secretary of the Interior. events or decisions affecting the peopling of National Register of Historic Places Travel SEC. 1202. REVISION OF BOUNDARY. America; and Itineraries program; and (a) IN GENERAL.—The boundary of the (2) can provide a basis for the preservation (iv) oral history and ethnographic pro- Monument is revised to include an area to- and interpretation of the peopling of Amer- grams. taling approximately 70 acres, as generally ica that has shaped the culture and society (B) COOPERATIVE PROGRAMS.—On the basis depicted on the Map. of the United States. of the theme study, the Secretary shall im- (b) AVAILABILITY OF MAP.—The Map shall (c) IDENTIFICATION AND DESIGNATION OF PO- plement cooperative programs to encourage be on file and available for public inspection TENTIAL NEW NATIONAL HISTORIC LAND- the preservation and interpretation of the in the office of the Director of the National MARKS.— peopling of America. Park Service. (1) IN GENERAL.—The theme study shall SEC. 1005. COOPERATIVE AGREEMENTS. SEC. 1203. ACQUISITION OF ADDITIONAL LAND. identify and recommend for designation new The Secretary may enter into cooperative The Secretary may acquire any land, national historic landmarks. agreements with educational institutions, water, or interests in land that are located (2) LIST OF APPROPRIATE SITES.—The theme professional associations, or other entities within the revised boundary of the Monu- study shall— knowledgeable about the peopling of Amer- ment by— (A) include a list in order of importance or ica— (1) donation; merit of the most appropriate sites for na- (1) to prepare the theme study; (2) purchase with donated or appropriated tional historic landmark designation; and (2) to ensure that the theme study is pre- funds; (B) encourage the nomination of other pared in accordance with generally accepted (3) transfer from any other Federal agency; properties to the National Register of His- scholarly standards; and or toric Places. (3) to promote cooperative arrangements (4) exchange. (3) DESIGNATION.—On the basis of the and programs relating to the peopling of SEC. 1204. ADMINISTRATION. theme study, the Secretary shall designate America. Subject to applicable laws, all land and in- new national historic landmarks. SEC. 1006. AUTHORIZATION OF APPROPRIATIONS. terests in land held by the United States (d) NATIONAL PARK SYSTEM.— There are authorized to be appropriated that are included in the revised boundary (1) IDENTIFICATION OF SITES WITHIN CURRENT such sums as are necessary to carry out this under section 1202 shall be administered by UNITS.—The theme study shall identify ap- title. the Secretary as part of the Monument. propriate sites within units of the National SEC. 1205. AUTHORIZATION OF APPROPRIATIONS. Park System at which the peopling of Amer- TITLE XI—NATCHEZ TRACE PARKWAY There are authorized to be appropriated ica may be interpreted. SEC. 1101. DEFINITIONS. such sums as are necessary to carry out this (2) IDENTIFICATION OF NEW SITES.—On the In this title: title. basis of the theme study, the Secretary shall (1) PARKWAY.—The term ‘‘Parkway’’ means recommend to Congress sites for which stud- the Natchez Trace Parkway, Mississippi. TITLE XIII—LAND ACQUISITION ies for potential inclusion in the National (2) SECRETARY.—The term ‘‘Secretary’’ SEC. 1301. ACQUISITION OF CERTAIN PROPERTY Park System should be authorized. means the Secretary of the Interior. IN WASHINGTON COUNTY, UTAH. (e) CONTINUING AUTHORITY.—After the date SEC. 1102. BOUNDARY ADJUSTMENT AND LAND (a) IN GENERAL.—Notwithstanding any of submission to Congress of the theme ACQUISITION. other provision of law, effective 30 days after study, the Secretary shall, on a continuing (a) IN GENERAL.—The Secretary shall ad- the date of the enactment of this title, all basis, as appropriate to interpret the peo- just the boundary of the Parkway to include right, title, and interest in and to, and the pling of America— approximately— right to immediate possession of, the 1,516 (1) evaluate, identify, and designate new (1) 150 acres of land, as generally depicted acres of real property owned by the Environ- national historic landmarks; and on the map entitled ‘‘Alternative Align- mental Land Technology, Ltd. (ELT) within

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the Red Cliffs Reserve in Washington Coun- dating the English settlement of 1607 at (2) EXPENDITURE.—Paragraph (1) authorizes ty, Utah, and the 34 acres of real property Jamestown, Virginia; funds to be appropriated on the condition owned by ELT which is adjacent to the land (5) many people view the expedition that that any expenditure of those funds shall be within the Reserve but is landlocked as a re- settled on the Island in 1604 as the beginning matched on a dollar-for-dollar basis by funds sult of the creation of the Reserve, is hereby of the Acadian culture in North America; from non-Federal sources. vested in the United States. (6) in October, 1998, the National Park (b) OPERATION AND MAINTENANCE.—There (b) COMPENSATION FOR PROPERTY.—Subject Service completed a general management are authorized to be appropriated such sums to section 309(f) of the Omnibus Parks and plan to manage and interpret the Saint Croix as are necessary to maintain and operate in- Public Lands Management Act of 1996 (Pub- Island International Historic Site; terpretive exhibits in the regional heritage lic Law 104–333), the United States shall pay (7) the plan addresses a variety of manage- center. just compensation to the owner of any real ment alternatives, and concludes that the TITLE XVI—HOOSIER AUTOMOBILE & TRUCK NA- property taken pursuant to this section, de- best management strategy entails devel- TIONAL HERITAGE TRAIL AREA termined as of the date of the enactment of oping an interpretive trail and ranger sta- SEC. 1601. SHORT TITLE. this title. An initial payment of $15,000,000 tion at Red Beach, Maine, and a regional This title may be cited as the ‘‘Hoosier shall be made to the owner of such real prop- heritage center in downtown Calais, Maine, Automobile & Truck National Heritage Trail erty not later than 30 days after the date of in cooperation with Federal, State, and local Area Act of 2000’’. taking. The full faith and credit of the agencies; SEC. 1602. FINDINGS AND PURPOSES. United States is hereby pledged to the pay- (8) a 1982 memorandum of understanding, (a) FINDINGS.—The Congress finds as fol- ment of any judgment entered against the signed by the Department of the Interior and lows: United States with respect to the taking of the Canadian Department for the Environ- (1) The industrial, cultural, and natural such property. Payment shall be in the ment, outlines a cooperative program to heritage legacies of Indiana’s automobile amount of— commemorate the international heritage of and truck industry are nationally signifi- (1) the appraised value of such real prop- the Saint Croix Island site and specifically cant. erty as agreed to by the land owner and the to prepare for the 400th anniversary of the (2) The design and manufacture of the United States, plus interest from the date of settlement in 2004; and automobile and truck within the State of In- the enactment of this title; or (9) only 4 years remain before the 400th an- diana helped establish and expand the United (2) the valuation of such real property niversary of the settlement at Saint Croix States industrial power. awarded by judgment, plus interest from the Island, an occasion that should be appro- (3) The industrial strength of automobile date of the enactment of this title, reason- priately commemorated. and truck manufacturing was vital to de- able costs and expenses of holding such prop- (b) PURPOSE.—The purpose of this title is fending freedom and democracy in 2 world erty from February 1990 to the date of final to direct the Secretary of the Interior to wars and played a defining role in American payment, including damages, if any, and rea- take all necessary and appropriate steps to victories. sonable costs and attorneys fees, as deter- work with Federal, State, and local agencies, (4) The economic strength of our Nation is mined by the court. Payment shall be made historical societies, and nonprofit organiza- connected integrally to the vitality of the from the permanent judgment appropriation tions to facilitate the development of a re- automobile and truck industry, which em- established pursuant to section 1304 of title gional heritage center in downtown Calais, ploys millions of workers and upon which 1 31, United States Code, or from another ap- Maine before the 400th anniversary of the out of 7 United States jobs depends. propriate Federal Government fund. settlement of Saint Croix Island. (5) The industrial and cultural heritage of Interest under this subsection shall be com- SEC. 1403. DEFINITIONS. the automobile and truck industry in Indi- pounded in the same manner as provided for In this title: ana includes the social history and living in section 1(b)(2)(B) of the Act of April 17, (1) ISLAND.—The term ‘‘Island’’ means cultural traditions of several generations. 1954, (Chapter 153; 16 U.S.C. 429b(b)(2)(B)) ex- Saint Croix Island, located in the Saint (6) The United Auto Workers and other cept that the reference in that provision to Croix River, between Canada and the State unions played a significant role in the his- ‘‘the date of the enactment of the Manassas of Maine. tory and progress of the labor movement and National Battlefield Park Amendments of (2) SECRETARY.—The term ‘‘Secretary’’ the automobile and truck industry. 1988’’ shall be deemed to be a reference to the means the Secretary of the Interior, acting (7) The Department of the Interior is re- date of the enactment of this title. through the Director of the National Park sponsible for protecting and interpreting the (c) DETERMINATION BY COURT IN LIEU OF NE- Service. Nation’s cultural and historic resources, and GOTIATED SETTLEMENT.—In the absence of a SEC. 1404. SAINT CROIX ISLAND REGIONAL HER- there are significant examples of these re- negotiated settlement, or an action by the ITAGE CENTER. sources within Indiana to merit the involve- owner, the Secretary of the Interior shall (a) IN GENERAL.—The Secretary shall pro- ment of the Federal Government to develop initiate within 90 days after the date of the vide assistance in planning, constructing, programs and projects in cooperation with enactment of this section a proceeding in the and operating a regional heritage center in the Hoosier Automobile & Truck National United States Federal District Court for the downtown Calais, Maine, to facilitate the Heritage Trail Area Partnership, Inc., (an In- District of Utah, seeking a determination, management and interpretation of the Saint diana not-for-profit corporation), the State subject to section 309(f) of the Omnibus Croix Island International Historic Site. of Indiana, and other local and governmental Parks and Public Lands Management Act of (b) COOPERATIVE AGREEMENTS.—To carry bodies, to adequately conserve, protect, and 1996 (Public Law 104–333), of the value of the out subsection (a), in administering the interpret this heritage for the educational real property, reasonable costs and expenses Saint Croix Island International Historic and recreational benefit of this and future of holding such property from February 1990 Site, the Secretary may enter into coopera- generations of Americans. to the date of final payment, including dam- tive agreements under appropriate terms and (8) The Hoosier Automobile & Truck Na- ages, if any, and reasonable costs and attor- conditions with other Federal agencies, tional Heritage Trail Area Partnership, Inc., neys fees. State and local agencies and nonprofit orga- would be an appropriate entity to oversee nizations— the development of the Hoosier Automobile TITLE XIV—SAINT CROIX ISLAND (1) to provide exhibits, interpretive serv- & Truck National Heritage Trail Area. HERITAGE ices (including employing individuals to pro- (9) Multiple museums of regional, national, SEC. 1401. SHORT TITLE. vide such services), and technical assistance; and international stature are located within This title may be cited as the ‘‘Saint Croix (2) to conduct activities that facilitate the the Hoosier Automobile & Truck National Island Heritage Act’’. dissemination of information relating to the Heritage Trail Area as follows: SEC. 1402. FINDINGS AND PURPOSES. Saint Croix Island International Historic (A) Auburn Cord Duesenberg Museum at (a) FINDINGS.—Congress finds that— Site; Auburn, Indiana. (1) Saint Croix Island is located in the (3) to provide financial assistance for the (B) National Automotive and Truck Mu- Saint Croix River, a river that is the bound- construction of the regional heritage center seum of the United States at Auburn, Indi- ary between the State of Maine and Canada; in exchange for space in the center that is ana. (2) the Island is the only international his- sufficient to interpret the Saint Croix Island (C) S. Ray Miller Museum at Elkhart, Indi- toric site in the National Park System; International Historic Site; and ana. (3) in 1604, French nobleman Pierre Dugua (4) to assist with the operation and mainte- (D) RV/MH Hall of Fame, Museum, and Li- Sieur de Mons, accompanied by a courageous nance of the regional heritage center. brary at Elkhart, Indiana. group of adventurers that included Samuel SEC. 1405. AUTHORIZATION OF APPROPRIATIONS. (E) Studebaker National Museum at South Champlain, landed on the Island and began (a) DESIGN AND CONSTRUCTION.— Bend, Indiana. the construction of a settlement; (1) IN GENERAL.—There is authorized to be (F) Door Prairie Museum at LaPorte, Indi- (4) the French settlement on the Island in appropriated to carry out this title (includ- ana. 1604 and 1605 was the initial site of the first ing the design and construction of the re- (G) Indianapolis Motor Speedway Museum permanent settlement in the New World, pre- gional heritage center) $2,000,000. at Indianapolis, Indiana.

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(10) Auburn, Indiana, because it is located (3) MAP.—The Secretary shall prepare a (A) present comprehensive recommenda- on Interstate Highway 69, is the home of the map of the Heritage Area which shall be on tions for the conservation, funding, manage- Auburn Cord Duesenberg Museum, the Na- file and available for public inspection in the ment, and development of the Heritage Area; tional Automotive and Truck Museum of the office of the Director of the National Park (B) be prepared with public participation; United States, and the Kruse Auction Park, Service. (C) take into consideration existing Fed- designates itself as the ‘‘Collector Car Cap- (4) CONSENT OF LOCAL GOVERNMENTS.—The eral, State, county, and local plans and in- ital of the World’’, and is adjacent to the Partnership shall provide to the government volve residents, public agencies, and private Michigan Automobile National Heritage of each city, village, and township that has organizations in the Heritage Area; Area, is the appropriate focal point for the jurisdiction over property proposed to be in- (D) include a description of actions that Hoosier Automobile & Truck National Herit- cluded in the Heritage Area written notice of units of government and private organiza- age Trail Area. that proposal. tions are recommended to take to protect (11) The natural, cultural, historic, and (5) CONDITIONS FOR INCLUSION OF PROPERTY the resources of the Heritage Area; and scenic resources of the Hoosier Automobile & IN HERITAGE AREA.—Property may not be in- (E) specify existing and potential sources Truck National Heritage Trail Area have cluded in the Heritage Area if— of Federal and non-Federal funding for the combined to form a cohesive, nationally dis- (A) the Partnership fails to give notice of conservation, management, and development tinctive landscape arising from patterns of the inclusion in accordance with paragraph of the Heritage Area. human activity, shaped by geography which (4); (3) ADDITIONAL PLAN REQUIREMENTS.—The has resulted in the Hoosier National Auto- (B) any local government to which the no- management plan shall also include the fol- mobile & Truck National Trail Area being tice is required to be provided objects to the lowing, as appropriate: representative of the national experience inclusion, in writing to the Partnership, by (A) An inventory of resources contained in through the physical features that remain, not later than the end of the period provided the Heritage Area, including a list of prop- the traditions which have evolved within pursuant to subparagraph (C); or erty in the Heritage Area that should be con- them, and the continued use of the Hoosier (C) fails to provide a period of at least 60 served, restored, managed, developed, or National Automobile & Truck National Trail days for objection under subparagraph (B). maintained because of the natural, cultural, Area by people whose traditions and activi- (6) ADMINISTRATION.—The Heritage Area or historic significance of the property as it ties have helped to shape such landscape. shall be administered in accordance with relates to the themes of the Heritage Area. (b) PURPOSE.—The purpose of this title is this title. The inventory may not include any property to establish the Hoosier Automobile & Truck (7) ADDITIONS AND DELETIONS OF LANDS.— that is privately owned unless the owner of National Heritage Trail Area to— The Secretary may add or remove lands to or the property consents in writing to that in- (1) foster a close working relationship with from the Heritage Area in response to a re- clusion. all levels of government, the private sector, quest from the Partnership. (B) A recommendation of policies for re- and the local communities in Indiana and source management that consider and detail empower communities in Indiana to con- SEC. 1605. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY. the application of appropriate land and serve their automotive and truck heritage (a) IN GENERAL.—The Partnership shall be water management techniques, including while strengthening future economic oppor- the management entity for the Heritage (but not limited to) the development of tunities; and Area. intergovernmental cooperative agreements (2) conserve, interpret, and develop the his- (b) FEDERAL FUNDING.— to manage the historical, cultural, and nat- torical, cultural, natural, and recreational (1) AUTHORIZATION TO RECEIVE FUNDS.—The ural resources and recreational opportunities resources related to the industrial and cul- Partnership may receive amounts appro- of the Heritage Area in a manner consistent tural heritage of the Hoosier Automobile & priated to carry out this title. with the support of appropriate and compat- Truck National Heritage Trail Area. (2) DISQUALIFICATION.—If a management ible economic viability. SEC. 1603. DEFINITIONS. plan for the Area is not submitted to the (C) A program for implementation of the For purposes of this title: Secretary as required under section 1606 management plan, including plans for res- (1) BOARD.—The term ‘‘Board’’ means the within the time specified in that section, the toration and construction and a description Board of Directors of the Partnership. Partnership shall cease to be authorized to of any commitments that have been made by (2) HERITAGE AREA.—The term ‘‘Heritage receive Federal funding under this title until persons interested in management of the Area’’ means the Hoosier Automobile & such a plan is submitted to the Secretary. Heritage Area. Truck National Heritage Trail Area estab- (c) AUTHORITIES OF PARTNERSHIP.—The (D) An analysis of means by which Federal, lished by section 1604. Partnership may, for purposes of preparing State, and local programs may best be co- (3) PARTNERSHIP.—The term ‘‘Partnership’’ and implementing the management plan for ordinated to promote the purposes of this means the Hoosier Automobile & Truck Na- the Heritage Area, use Federal funds made title. tional Heritage Trail Area, Incorporated (a available under this title— (E) An interpretive plan for the Heritage nonprofit corporation established under the (1) to make grants and loans to the State Area. laws of the State of Indiana). of Indiana, its political subdivisions, non- (4) APPROVAL AND DISAPPROVAL OF THE (4) SECRETARY.—The term ‘‘Secretary’’ profit organizations, and other persons; MANAGEMENT PLAN.— means the Secretary of the Interior. (2) to enter into cooperative agreements (A) IN GENERAL.—Not later than 60 days SEC. 1604. AUTOMOBILE NATIONAL HERITAGE with or provide technical assistance to Fed- after submission of the Heritage Area man- AREA. eral agencies, the State of Indiana, its polit- agement plan by the Board, the Secretary (a) ESTABLISHMENT.—There is established ical subdivisions, nonprofit organizations, shall approve or disapprove the plan. If the in the State of Indiana the Hoosier Auto- and other persons; Secretary has taken no action after 60 days, mobile & Truck National Heritage Trail (3) to hire and compensate staff; the plan shall be considered approved. Area. (4) to obtain money from any source under (B) DISAPPROVAL AND REVISIONS.—If the (b) BOUNDARIES.— any program or law requiring the recipient Secretary disapproves the management plan, (1) IN GENERAL.—Subject to paragraph (2), of such money to make a contribution in the Secretary shall advise the Board, in writ- the boundaries of the Heritage Area shall in- order to receive such money; and ing, of the reasons for the disapproval and clude lands in the following counties in the (5) to contract for goods and services. shall make recommendations for revision of State of Indiana: Lake, Porter, LaPorte, (d) PROHIBITION OF ACQUISITION OF REAL the plan. The Secretary shall approve or dis- Starke, Elkhart, Kosciusko, LaGrange, Steu- PROPERTY.—The Partnership may not use approve proposed revisions to the plan not ben, Noble, DeKalb, Whitley, Allen, Hun- Federal funds received under this title to ac- later than 60 days after receipt of such revi- tington, Wells, Adams, Jay, Clinton, Tipton, quire real property or any interest in real sions from the Board. If the Secretary has Madison, Delaware, Randolph, Hamilton, property. taken no action for 60 days after receipt, the Henry, Wayne, Marion, Hancock, Morgan, SEC. 1606. MANAGEMENT DUTIES OF THE HOO- plan and revisions shall be considered ap- Johnson, Shelby, Rush, Fayette, Union, SIER AUTOMOBILE & TRUCK NA- proved. Brown, Bartholomew, Decatur, Franklin, TIONAL HERITAGE TRAIL AREA (b) PRIORITIES.—The Partnership shall give Jackson, Jennings, Ripley, Dearborn, Wash- PARTNERSHIP. priority to the implementation of actions, ington, Scott, Jefferson, Ohio, Switzerland, (a) HERITAGE AREA MANAGEMENT PLAN.— goals, and policies set forth in the manage- Clark, Floyd, Harrison, Crawford, Dubois, (1) SUBMISSION FOR REVIEW BY SECRETARY.— ment plan for the Heritage Area, including— Perry, Spencer, Sullivan, Greene, Monroe, The Board of Directors of the Partnership (1) assisting units of government, regional Knox, Daviess, Martin, Lawrence, Orange, shall, within 3 years after the date of enact- planning organizations, and nonprofit orga- Gibson, Pike, Posey, Vanderburgh, and ment of this title, develop and submit for re- nizations— Warrick. view to the Secretary a management plan for (A) in conserving the Heritage Area; (2) SPECIFIC BOUNDARIES.—The specific the Heritage Area. (B) in establishing and maintaining inter- boundaries of the Heritage Area shall be (2) PLAN REQUIREMENTS, GENERALLY.—A pretive exhibits in the Heritage Area; those specified in the management plan ap- management plan submitted under this sec- (C) in developing recreational opportuni- proved under section 1606. tion shall— ties in the Heritage Area;

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25549 (D) in increasing public awareness of and achieves the purposes of this title. Such deci- necticut and also directs a wilderness appreciation for the natural, historical, and sions shall give consideration to projects study at Apostle Islands in Wisconsin. cultural resources of the Heritage Area; which provide a greater leverage of Federal It further provides for a cultural theme (E) in the restoration of historic buildings funds. study to see how this country was set- that are located within the boundaries of the (b) PROVISION OF INFORMATION.—In coopera- Heritage Area and related to the theme of tion with other Federal agencies, the Sec- tled. It also facilitates appropriate the Heritage Area; and retary shall provide the general public with land conveyances in Nevada, Federal (F) in ensuring that clear, consistent, and information regarding the location and char- land acquisition in Utah, and land ex- environmentally appropriate signs identi- acter of the Heritage Area. changes in New Mexico. This is a good fying access points and sites of interest are (c) OTHER ASSISTANCE.—The Secretary may piece of legislation which accomplishes put in place throughout the Heritage Area; enter into cooperative agreements with pub- a number of things by protecting the and lic and private organizations for the pur- natural historic and cultural resources poses of implementing this subsection. (2) consistent with the goals of the man- across America, thereby greatly bene- agement plan, encouraging economic viabil- (d) DUTIES OF OTHER FEDERAL AGENCIES.— ity in the affected communities by appro- Any Federal entity conducting any activity fiting our citizens. priate means. directly affecting the Heritage Area shall I strongly urge my colleagues to sup- (c) CONSIDERATION OF INTERESTS OF LOCAL consider the potential effect of the activity port H.R. 4020 as amended. GROUPS.—The Partnership shall, in pre- on the Heritage Area management plan and Mr. Speaker, I reserve the balance of paring and implementing the management shall consult with the Partnership with re- my time. plan for the Heritage Area, consider the in- spect to the activity to minimize the adverse Mr. GEORGE MILLER of California. terest of diverse units of government, busi- effects of the activity on the Heritage Area. Mr. Speaker, I yield myself such time nesses, private property owners, and non- SEC. 1608. LACK OF EFFECT ON LAND USE REGU- as I may consume. LATION AND PRIVATE PROPERTY. profit groups within the Heritage Area. Mr. Speaker, this is a package of 16 (d) PUBLIC MEETINGS.—The Partnership (a) LACK OF EFFECT ON AUTHORITY OF shall conduct public meetings at least annu- LOCAL GOVERNMENT.—Nothing in this title bills that was originally put together ally regarding the implementation of the shall be construed to modify, enlarge, or di- on a bipartisan basis. It now appears Heritage Area management plan. minish any authority of Federal, State, or that this package is starting to spin (e) ANNUAL REPORTS.—The Partnership local governments to regulate any use of apart a number of items in this pack- shall, for any fiscal year in which it receives land under any other law or regulation. age of bills that have already been sent Federal funds under this title or in which a (b) LACK OF ZONING OR LAND USE POWERS.— to the President. The Upper loan made by the Partnership with Federal Nothing in this title shall be construed to grant powers of zoning or land use control to Housatonic, the Saint Croix Island, funds under section 1605(c)(l) is outstanding, which we just passed, Salano was submit an annual report to the Secretary the Partnership. setting forth its accomplishments, its ex- (c) LOCAL AUTHORITY AND PRIVATE PROP- passed on to the President yesterday or penses and income, and the entities to which ERTY NOT AFFECTED.—Nothing in this title today; and now we are kind of left with it made any loans and grants during the year shall be construed to affect or to authorize a couple of bills here that I think are for which the report is made. the Partnership to interfere with— losing the ability to be taken up in the (f) COOPERATION WITH AUDITS.—The Part- (1) the rights of any person with respect to Senate. The Natchez portion of this nership shall, for any fiscal year in which it private property; or legislation will be passed in a separate receives Federal funds under this title or in (2) any local zoning ordinance or land use plan of the State of Indiana or a political bill today, and at that point what we which a loan made by the Partnership with are left with is essentially the Boxer– Federal funds under section 1605(c)(1) is out- subdivision thereof. standing, make available for audit by the SEC. 1609. SUNSET. Radanovich bill where we are taking Congress, the Secretary, and appropriate The Secretary may not make any grant or the Senate language and sending it units of government all records and other in- provide any assistance under this title after back in this package, which is going to formation pertaining to the expenditure of September 30, 2015. make it very difficult to get that lan- such funds and any matching funds, and re- SEC. 1610. AUTHORIZATION OF APPROPRIATIONS. guage passed; and I am concerned that quire, for all agreements authorizing expend- (a) IN GENERAL.—There is authorized to be what we should be doing is taking that iture of Federal funds by other organiza- appropriated under this title not more than Senate language which is in this bill, tions, that the receiving organizations make $1,000,000 for any fiscal year. Not more than we should be taking that Senate lan- available for such audit all records and other a total of $10,000,000 may be appropriated for information pertaining to the expenditure of the Heritage Area under this title. guage and passing it as a separate bill such funds. (b) 50 PERCENT MATCH.—Federal funding and sending it down to the President so (g) DELEGATION.—The Partnership may del- provided under this title, after the designa- we can properly protect the Sequoias. egate the responsibilities and actions under tion of the Heritage Area, may not exceed 50 There is no controversy around that this section for each corridor identified in percent of the total cost of any activity car- legislation, and for that reason I am section 1604(b)(1). All delegated actions are ried out with Federal funds. concerned that this package is starting subject to review and approval by the Part- The SPEAKER pro tempore. Pursu- to appear to be a dead end; but it is nership. ant to the rule, the gentleman from going to be a dead end, I think, with SEC. 1607. DUTIES AND AUTHORITIES OF FED- ANSEN ERAL AGENCIES. Utah (Mr. H ) and the gentleman some unfortunate results if we do not (a) TECHNICAL ASSISTANCE AND GRANTS.— from California (Mr. GEORGE MILLER) pass the Sequoia protection legisla- (1) IN GENERAL.—The Secretary may pro- each will control 20 minutes. tion, which we could do immediately vide technical assistance and, subject to the The Chair recognizes the gentleman since, again, there is no controversy. availability of appropriations, grants to from Utah (Mr. HANSEN). But to do it in this fashion as part of units of government, nonprofit organiza- Mr. HANSEN. Mr. Speaker, I yield this package with the other measures tions, and other persons upon request of the myself such time as I may consume. taken out of this package, I think Partnership, and to the Partnership, regard- Mr. Speaker, H.R. 4020 is comprised there is a strong likelihood that that ing the management plan and its implemen- of many separate pieces of legislation will fail to get Senate consideration in tation. which help protect and enhance a vari- (2) PROHIBITION OF CERTAIN REQUIRE- a timely fashion. MENTS.—The Secretary may not, as a condi- ety of natural historic and cultural re- Mr. Speaker, I yield back the balance tion of the award of technical assistance or sources in a number of our States. For of my time. grants under this section, require any recipi- example, this bill expands National Mr. HANSEN. Mr. Speaker, I yield ent of such technical assistance or a grant to Park units like Sequoia National Park back the balance of my time. enact or modify land use restrictions. in California, Gulf Islands National The SPEAKER pro tempore. The (3) DETERMINATIONS REGARDING ASSIST- Seashore in Mississippi, and the Natch- question is on the motion offered by ANCE.—The Secretary shall decide if a person ez Trace Parkway. This bill directs the the gentleman from Utah (Mr. HANSEN) shall be awarded technical assistance or Secretary of the Interior to conduct grants and the amount of that assistance. that the House suspend the rules and Such decisions shall be based on the relative studies of the suitability of estab- pass the bill, H.R. 4020, as amended. degree to which the Heritage Area effec- lishing other park units for inclusion The question was taken. tively fulfills the objectives contained in the into the park system like the Upper The SPEAKER pro tempore. In the Heritage Area management plan and Housatonic River Valley in Con- opinion of the Chair, two-thirds of

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25550 CONGRESSIONAL RECORD—HOUSE October 30, 2000 those present have voted in the affirm- multilateral agreements with other nations dental catch of sharks in commercial and ative. for the prohibition on shark-finning; recreational fishing. Mr. GEORGE MILLER of California. (2) initiate discussions as soon as possible (3) Research on fishing methods that will Mr. Speaker, I object to the vote on the with all foreign governments which are en- ensure maximum likelihood of survival of gaged in, or which have persons or compa- captured sharks after release. ground that a quorum is not present nies engaged in shark-finning, for the pur- (4) Research on methods for releasing and make the point of order that a poses of— sharks from fishing gear that minimize risk quorum is not present. (A) collecting information on the nature of injury to fishing vessel operators and The SPEAKER pro tempore. Pursu- and extent of shark-finning by such persons crews. ant to clause 8, rule XX and the Chair’s and the landing or transshipment of shark (5) Research on methods to maximize the prior announcement, further pro- fins through foreign ports; and utilization of, and funding to develop the ceedings on this motion will be post- (B) entering into bilateral and multilateral market for, sharks not taken in violation of treaties with such countries to protect such poned. a fishing management plan approved under species; section 303 or of section 307(1)(P) of the Mag- The point of no quorum is considered (3) seek agreements calling for an inter- nuson-Stevens Fishery Conservation and withdrawn. national ban on shark-finning and other fish- Management Act (16 U.S.C. 1853, 1857(1)(P)). f ing practices adversely affecting these spe- (6) Research on the nature and extent of cies through the United Nations, the Food the harvest of sharks and shark fins by for- SHARK FINNING PROHIBITION ACT and Agriculture Organization’s Committee eign fleets and the international trade in on Fisheries, and appropriate regional fish- shark fins and other shark products. Mr. HANSEN. Mr. Speaker, I move to ery management bodies; suspend the rules and pass the bill SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES (4) initiate the amendment of any existing COOPERATIVE RESEARCH PRO- (H.R. 5461) to amend the Magnuson- international treaty for the protection and GRAM. Stevens Fishery Conservation and conservation of species of sharks to which The National Marine Fisheries Service, in Management Act to eliminate the the United States is a party in order to make consultation with the Western Pacific Fish- wasteful and unsportsmanlike practice such treaty consistent with the purposes and eries Management Council, shall initiate a of shark finning. policies of this section; cooperative research program with the com- (5) urge other governments involved in The Clerk read as follows: mercial longlining industry to carry out ac- fishing for or importation of shark or shark tivities consistent with this title, including H.R. 5461 products to fulfill their obligations to collect research described in section 407 of this title. Be it enacted by the Senate and House of Rep- biological data, such as stock abundance and The service may initiate such shark coopera- resentatives of the United States of America in by-catch levels, as well as trade data, on tive research programs upon the request of Congress assembled, shark species as called for in the 1995 Resolu- any other fishery management council. SECTION 1. SHORT TITLE. tion on Cooperation with FAO with Regard to study on the Status of Sharks and By- SEC. 9. SHARK-FINNING DEFINED. This Act may be cited as the ‘‘Shark Fin- In this Act, the term ‘‘shark-finning’’ ning Prohibition Act’’. Catch of Shark Species; and (6) urge other governments to prepare and means the taking of a shark, removing the SEC. 2. PURPOSE. submit their respective National Plan of Ac- fin or fins (whether or not including the tail) The purpose of this title is to eliminate tion for the Conservation and Management of a shark, and returning the remainder of shark-finning by addressing the problem of Sharks to the 2001 session of the FAO the shark to the sea. comprehensively at both the national and Committee on Fisheries, as set forth in the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. international levels. International Plan of Action for the Con- There are authorized to be appropriated to SEC. 3. PROHIBITION ON REMOVING SHARK FIN servation and Management of Sharks. the Secretary of Commerce for fiscal years AND DISCARDING SHARK CARCASS SEC. 6. REPORT TO CONGRESS. 2001 through 2005 such sums as are necessary AT SEA. The Secretary of Commerce, in consulta- to carry out this title. Section 307(1) of the Magnuson-Stevens tion with the Secretary of State, shall pro- The SPEAKER pro tempore. Pursu- Fishery Conservation and Management Act vide to Congress, by not later than 1 year ant to the rule, the gentleman from (16 U.S.C. 1857(1)) is amended— after the date of enactment of this Act, and (1) by striking ‘‘or’’ after the semicolon in every year thereafter, a report which— Utah (Mr. HANSEN) and the gentleman subparagraph (N); (1) includes a list that identifies nations from California (Mr. GEORGE MILLER) (2) by striking ‘‘section 302(j)(7)(A).’’ in whose vessels conduct shark-finning and de- each will control 20 minutes. subparagraph (O) and inserting ‘‘section tails the extent of the international trade in The Chair recognizes the gentleman 302(j)(7)(A); or’’; and shark fins, including estimates of value and from Utah (Mr. HANSEN). (3) by adding at the end the following: information on harvesting of shark fins, and Mr. HANSEN. Mr. Speaker, I yield ‘‘(P)(i) to remove any of the fins of a shark landings or transshipment of shark fins myself such time as I may consume. (including the tail) and discard the carcass of through foreign ports; the shark at sea; (2) describes the efforts taken to carry out Mr. Speaker, H.R. 5461, the Shark ‘‘(ii) to have custody, control, or posses- this title, and evaluates the progress of those Finning Prohibition Act, introduced by sion of any such fin aboard a fishing vessel efforts; the gentleman from California (Mr. without the corresponding carcass; or (3) sets forth a plan of action to adopt CUNNINGHAM) is legislation that ‘‘(iii) to land any such fin without the cor- international measures for the conservation amends the Magnuson-Stevens Fishery responding carcass. of sharks; and Conservation and Management Act to ‘‘For purposes of subparagraph (P) there is a (4) includes recommendations for measures prohibit the removal of shark fins, in- rebuttable presumption that any shark fins to ensure that United States actions are con- cluding the tail, and then to discard landed from a fishing vessel or found on sistent with national, international, and re- gional obligations relating to shark popu- the carcass into the sea. It also pro- board a fishing vessel were taken, held, or hibits the custody, control or posses- landed in violation of subparagraph (P) if the lations, including those listed under the Con- total weight of shark fins landed or found on vention on International Trade in Endan- sion of any such fin aboard a fishing board exceeds 5 percent of the total weight of gered Species of Wild Flora and Fauna. vessel without the corresponding car- shark carcasses landed or found on board.’’. SEC. 7. RESEARCH. cass and prohibits the landing of such The Secretary of Commerce, subject to the SEC. 4. REGULATIONS. fins without the corresponding carcass. availability of appropriations authorized by In addition, the bill directs the Sec- No later than 180 days after the date of en- section 410, shall establish a research pro- actment of this Act, the Secretary of Com- gram for Pacific and Atlantic sharks to en- retary of Commerce, through the Sec- merce shall promulgate regulations imple- gage in the following data collection and re- retary of State, to initiate discussions menting the provisions of section 3076(1)(P) search: with foreign governments that have of the Magnuson-Stevens Fishery Conserva- (1) The collection of data to support stock fisheries engaged in shark finning and tion and Management Act (16 U.S.C. assessments of shark populations subject to to seek agreements banning the activ- 1857(1)(P)), as added by section 403 of this incidental or directed harvesting by com- title. ity. mercial vessels, giving priority to species ac- Finally, H.R. 5461 authorizes research SEC. 5. INTERNATIONAL NEGOTIATIONS. cording to vulnerability of the species to The Secretary of Commerce, acting fishing gear and fishing mortality, and its for Pacific and Atlantic sharks and re- through the Secretary of State, shall— population status. quires the Secretary to report back to (1) initiate discussions as soon as possible (2) Research to identify fishing gear and Congress 1 year after the date of enact- for the purpose of developing bilateral or practices that prevent or minimize inci- ment. The House passed a similar bill

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25551 on June 6, 2000, and a nonbinding reso- The Shark Finning Prohibition Act will not growth, late maturity, and small number of off- lution on this issue. We must end this prevent United States fishermen from har- spring leave them exceptionally vulnerable to gruesome practice of shark finning, vesting sharks, bringing them to shore, and overfishing, and they are slow to recover from and I hope the other body will quickly then using the fins or any other part of the practices that contribute to their depletion. At approve this compromise version. I shark. Instead, it would simply prevent the cut- the same time, sharks, as top predators, are urge an aye voted on this legislation. ting off of the fins and the disposal of the car- essential to maintaining the balance of life in Mr. Speaker, I reserve the balance of cass at sea, or the transport or landing of fins the sea. my time. harvested in this manner by another fishing My colleagues are well aware of my cam- Mr. GEORGE MILLER of California. vessel. paign to stop the wasteful and unsportsman- Mr. Speaker, I yield myself such time It also encourages the Administration to like practice of shark finning. This will be the as I may consume. enter into discussions with other nations fourth time that the House has acted on this Mr. Speaker, I rise in support of H.R. where shark finning still occurs to try and bring issue, and the third version of my legislation. 5461, the Shark Finning Prohibition this practice to an end not just in the United The bill before us today represents a com- Act. Shark finning, as the gentleman States, but around the world. The bill is iden- promise between the House and the Senate. from Utah (Mr. HANSEN) has pointed tical to language that passed the other body It is important that we pass this legislation out, is currently one of the most visi- earlier this month, and I urge Members to sup- today and protect America’s fisheries. ble and controversial conservation port it. The Shark Finning Prohibition Act bans the issues in the waters of the Pacific Mr. Speaker, I reserve the balance of wasteful practice of removing a shark’s fins Ocean. While the practice of finning my time. and discards the remainder of the shark into has already been banned in Federal wa- Mr. HANSEN. Mr. Speaker, I yield the ocean. Currently, this practice continues ters of the Atlantic, Gulf of Mexico, such time as he may consume to the only in the U.S. waters of the Western Pacific. and the Caribbean, as well as waters in gentleman from California (Mr. My legislation before us today will ban this ter- 11 coastal States, it remains unregu- CUNNINGHAM), the author of this legis- rible practice. lated in the Pacific and this legislation lation. We must also address the massive problem is designed to address that problem. Mr. CUNNINGHAM. Mr. Speaker, I caused by the international trade in shark fins. Again, I support this legislation; but will not take very much time. I would Land year, the House passed my measure, I want to continue to express my con- like to thank the ranking minority House Concurrent Resolution 189, which cerns about the manner in which these member, the gentleman from Cali- called upon the Secretary of State to continue bills are now being presented, given fornia (Mr. GEORGE MILLER). I read in a the U.S. leadership role in banning shark fin- what has happened to the parks pack- magazine, an outdoorsman magazine, ning worldwide. The bill before us today di- age. about the practice of fishermen catch- rects the Secretary of State and Secretary of Mr. Speaker, I rise in support of H.R. 5461, ing sharks, cutting off their fins just Commerce to work and stop the global shark the Shark Finning Prohibition Act. for sale, primarily in the Orient, be- fin trade. This will require the active engage- Shark finning is currently one of the most cause of their aphrodisiac effects and ment of more than 100 countries, and reduc- visible and controversial conservation issues other issues with the fin. They were tion in the demand for shark fins and other in the waters of the Pacific Ocean. While the taking the shark, after they cut the shark products. As my previous resolution stressed, international measures are a critical practice of finning has already been banned in fins off, and dumping it back into the component of achieving effective shark con- the Federal waters of the Atlantic, Gulf of water and letting it drown. Mexico, and the Carribean, as well as the wa- I am a hunter. I am a fisherman and servation. Finally, the bill authorizes a Western Pacific ters of 11 coastal states, it remains unregu- a sportsman, and to me I think that longline fisheries cooperative research pro- lated in the Pacific. this was unspeakable. We have gotten gram to provide information for shark stock as- As a result, and because of the strong de- support from the gentleman from New sessments. This includes identifying fishing mand and high prices for shark fins in Asia, Jersey (Mr. SAXTON), the gentleman gear and practices that prevent or minimize in- the harvest of shark fins in the Pacific has in- from Alaska (Mr. YOUNG), the ranking cidental catch of sharks and ensure maximum creased over the past seven years by more member, the gentleman from Cali- survivorship of released sharks, and providing than 2000 percent. More than 60,000 sharks fornia (Mr. GEORGE MILLER), and his data on the international shark fin trade. This were caught and killed in 1998 alone, and 98 leadership, against this practice. important provision was included at the re- percent of those sharks were harvested only I would also like to thank the gen- quest of the Senate to complement our shark for their fins—or less than 5 percent of their tleman from Hawaii (Mr. ABERCROMBIE) conservation efforts. body weight—while the remaining 95 percent and the gentlewoman from Hawaii Mr. Speaker, the United States has always of the shark was tossed overboard. Not only (Mrs. MINK) and the gentleman from been a leader in fisheries conservation and is this practice wasteful, many critics consider the other body from Hawaii, who wrote management. This legislation provides us the it to be morally and culturally wrong. the compromising language to this to opportunity to stand on the world stage and In addition, shark finning is inconsistent with include it in international practices as demand that other countries take action to U.S. policy both domestically and internation- well. stop this wasteful and unsportsmanlike prac- ally. In the United States, it is contrary to the I rise in strong support of this com- tice. Magnuson Act which requires fishermen to re- promise language. The Shark Finning Prohibition Act has broad duce bycatch and the mortality of bycatch that Mr. Speaker, I rise today to bring before the bipartisan support. It is strongly supported by cannot be avoided. Given that 85 percent of House my legislation to ban the practice of the Ocean Wildlife Campaign, a coalition that the sharks caught are alive when they reach shark finning. For those unfamiliar with shark includes the Center for Marine Conservation, the boats, prohibiting the finning of these finning, it is the distasteful practice of remov- National Audubon Society, National Coalition sharks will reduce bycatch by significant ing a shark’s fins and discarding the carcass for Marine Conservation, Natural Resources amounts. into the sea. As an avid sportsman, and as a Defense Council, Wildlife Conservation Soci- Abroad, the United States has participated previous co-chairman of the Congressional ety, and the World Wildlife Fund. in and promoted shark conservation through Sportsmen’s Caucus, I find this practice hor- In addition, it is supported by the State of the United Nation’s fisheries committee where rific and wasteful. Hawaii Office of Hawaiian Affairs, the Amer- specific guidelines on shark conservation have Mr. Speaker, this is the fourth time this Con- ican Sportfishing Association, the Recreational been adopted. Those guidelines include a pro- gress the House has acted on this issue. Fishing Alliance, the Sportfishing Association vision that countries should adopt methods to Moreover, I want to especially thank Chairman of California, the Cousteau Society, and the prohibit finning and encourage the full use of SAXTON, Chairman YOUNG, and Ranking Mem- Western Pacific Fisheries Coalition. dead sharks. For the United States to promote ber GEORGE MILLER for their strong commit- Today, we can act to halt the rampant these measures internationally while con- ment to this legislation and their leadership waste resulting from shark finning and solidify tinuing to allow shark finning in its own waters against this terrible practice of shark finning. our national opposition to this terrible practice. would be hypocritical and could undermine our Sharks are among the most biologically vul- Vote yes on H.R. 5461; vote yes to prohibit efforts to achieve international conservation. nerable species in the ocean. Their slow shark finning.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.001 H30OC0 25552 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Mr. HANSEN. Mr. Speaker, I yield NATCHEZ TRACE PARKWAY, MIS- sissippi to a point just south of Nash- such time as he may consume to the SISSIPPI BOUNDARY ADJUST- ville, Tennessee. The parkway com- gentleman from Alaska (Mr. YOUNG), MENT memorates Native American paths the chairman of the Committee on Re- Mr. HANSEN. Mr. Speaker, I move to that were later used by white settlers sources. suspend the rules and pass the Senate to extend their commerce and trade. It Mr. YOUNG of Alaska. Mr. Speaker, I bill (S. 2020) to adjust the boundary of is a scenic road built and maintained do rise in strong support of this legisla- the Natchez Trace Parkway, Mis- by the National Park Service with 15 tion. I am a little bit chagrined my sissippi, and for other purposes. major interpretive locations, historic good friend, the gentleman from Cali- The Clerk read as follows: sites, camping and picnic facilities. fornia (Mr. CUNNINGHAM), recognized S. 2020 b 1430 the gentleman from California (Mr. Be it enacted by the Senate and House of Rep- Expanding the parkway as proposed GEORGE MILLER) and thanked him for resentatives of the United States of America in by this legislation is a good idea, and I his support but forgot the chairman, Congress assembled, urge my colleagues to support S. 2020. except later on. There is a priority SECTION 1. DEFINITIONS. Mr. Speaker, I reserve the balance of here, and I always worry about that. In this Act: my time. Other than that, this is a good piece (1) PARKWAY.—The term ‘‘Parkway’’ means the Natchez Trace Parkway, Mississippi. Mr. GEORGE MILLER of California. of legislation. The gentleman is abso- (2) SECRETARY.—The term ‘‘Secretary’’ Mr. Speaker, I yield such time as he lutely correct. The idea that a fish, or means the Secretary of the Interior. may consume to the gentleman from a shark, could be caught, and they SEC. 2. BOUNDARY ADJUSTMENT AND LAND AC- Mississippi (Mr. SHOWS). have enough bad times the way it is, QUISITION. Mr. SHOWS. Mr. Speaker, I rise but to take just the fins, et cetera, and (a) IN GENERAL.—The Secretary shall ad- today in support of S. 2020, a bill to ad- return them to sea to die a very hid- just the boundary of the Parkway to include approximately— just the boundary of Natchez Trace eous death is beyond my comprehen- Parkway in the City of Natchez, Mis- sion. (1) 150 acres of land, as generally depicted on the map entitled ‘‘Alternative Align- sissippi. Whatever can happen, sometimes ments/Area’’, numbered 604–20062A and dated Mr. Speaker, S. 2020 will allow the these types of pieces of legislation can May 1998; and Secretary of the Interior to acquire have good intentions and they are not (2) 80 acres of land, as generally depicted land in the City of Natchez to complete implemented by the State Department, on the map entitled ‘‘Emerald Mound Devel- the southern terminus of the Natchez because we have to recognize we have a opment Concept Plan’’, numbered 604–20042E Trace Parkway. lot of rules about how one sees inter- and dated August 1987. (b) MAPS.—The maps referred to in sub- This is a simple, noncontroversial bi- ception now with our salmon in Alas- section (a) shall be on file and available for partisan measure. S. 2020 was spon- ka, and yet we have documentation public inspection in the office of the Director sored by Mississippi Senators LOTT and where the Coast Guard has identified of the National Park Service. COCHRAN. I appreciate the House lead- the death curtains at high seas and the (c) ACQUISITION.—The Secretary may ac- ership agreeing to my request to expe- Coast Guard tries to implement and en- quire the land described in subsection (a) by dite S. 2020 and place it on the Suspen- force our international agreement and donation, purchase with donated or appro- sion Calendar. the State Department tries to pull priated funds, or exchange (including ex- change with the State of Mississippi, local The Natchez Trace Parkway was es- them off and say we do not want an governments, and private persons). tablished as a unit of the National international incident. (d) ADMINISTRATION.—Land acquired under Park System in 1938. S. 2020 authorizes I will say again, I voted against trad- this section shall be administered by the the acquisition of 150 acres to provide ing with China and I will say again the Secretary as part of the Parkway. for the completion of the Parkway’s Chinese Government is the guiltiest SEC. 3. AUTHORIZATION OF LEASING. southern terminus in the city of Natch- one of all of catching these fish at high The Secretary, acting through the Super- ez. seas with these huge, long nets. Until intendent of the Parkway, may lease land In addition, 80 acres would be ac- the State Department sees fit to en- within the boundary of the Parkway to the quired to provide access to the Emerald city of Natchez, Mississippi, for any purpose force those type of laws, these sound compatible with the Parkway. Mound, a prehistoric Natchez Indian good and feel good on the floor of the SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ceremonial mound. This would accom- House; but we have to have someone There are authorized to be appropriated modate the construction of a short with a little backbone and an adminis- such sums as are necessary to carry out this spur road to the mound site and new tration that will say, all right, this is Act. and improved exhibits, trails and park the law, this is an agreement we The SPEAKER pro tempore. Pursu- facilities at the Emerald Mound. reached and enforce those laws so that ant to the rule, the gentleman from Mr. Speaker, this bill is a win-win for we can stop the heinous-type action Utah (Mr. HANSEN) and the gentleman everybody, and I appreciate the spirit with shark finning, and of course, with from California (Mr. GEORGE MILLER) of bipartisanship that has made this catching the fish at high seas. each will control 20 minutes. happen. Indeed, we can do good things Mr. Speaker, I urge support of the The Chair recognizes the gentleman for our people when Democrats and Re- legislation. from Utah (Mr. HANSEN). publicans work together. Mr. GEORGE MILLER of California. Mr. HANSEN. Mr. Speaker, I yield Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the balance myself such time as I may consume. Mr. Speaker, I yield myself such time of my time. Mr. Speaker, S. 2020, introduced by as I may consume. Senator LOTT from Mississippi, would Mr. Speaker, S. 2020 is a non- Mr. HANSEN. Mr. Speaker, I yield adjust the boundary of the Natchez controversial bill which the National back the balance of my time. Trace Parkway to include approxi- Park Service supports. It provides for The SPEAKER pro tempore. The mately an additional 230 acres of land the acquisition of 230 acres of the question is on the motion offered by to the parkway. The bill also author- Natchez Trace National Parkway, and the gentleman from Utah (Mr. HANSEN) izes the Secretary of the Interior to ad- we support this legislation. that the House suspend the rules and minister the land as part of the park- Mr. Speaker, I yield back the balance pass the bill, H.R. 5461. way. Furthermore, the bill would allow of my time. The question was taken; and (two- the Secretary to lease land within the Mr. HANSEN. Mr. Speaker, I yield thirds having voted in favor thereof) boundary of the parkway to the city of back the balance of my time the rules were suspended and the bill Natchez, Mississippi, for any purpose The SPEAKER pro tempore (Mr. was passed. compatible with the parkway. BARRETT of Nebraska). The question is A motion to reconsider was laid on The Natchez Trace Parkway runs 444 on the motion offered by the gen- the table. miles from Natchez in southern Mis- tleman from Utah (Mr. HANSEN) that

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25553 the House suspend the rules and pass (3) All transfers of excess real property to the If the subject property is under the jurisdiction the Senate bill, S. 2020. Government of Guam are subject to all otherwise of a military department, the military depart- The question was taken. applicable Federal laws, except section 2696 of ment may transfer administrative control over The SPEAKER pro tempore. In the title 10, United States Code, or section 501 of the property to the General Services Administra- Public Law 100–77 (42 U.S.C. 11411). tion subject to any terms and conditions appli- opinion of the Chair, two-thirds of (c) DEFINITIONS.—For the purposes of this sec- cable to such property. In the event of such a those present have voted in the affirm- tion: transfer by a military department to the General ative. (1) The term ‘‘Administrator’’ means— Services Administration, the Department of the Mr. GEORGE MILLER of California. (A) the Administrator of General Services; or Interior shall be responsible for all reasonable Mr. Speaker, I object to the vote on the (B) the head of any Federal agency with the costs associated with the custody, account- ground that a quorum is not present authority to dispose of excess real property on ability and control of such property until final and make the point of order that a Guam. disposition. quorum is not present. (2) The term ‘‘base closure law’’ means the (D) If the parties come to agreement prior to Defense Authorization Amendments and Base congressional action, the real property shall be The SPEAKER pro tempore. Pursu- Closure and Realignment Act of 1988 (Public ant to clause 8, rule XX and the Chair’s transferred and managed in accordance with Law 100–526), the Defense Base Closure and Re- such agreement: Provided, That such agreement prior announcement, further pro- alignment Act of 1990 (Public Law 101–510), or shall be transmitted to the Committee on Energy ceedings on this motion will be post- similar base closure authority. and Natural Resources of the United States Sen- poned. (3) The term ‘‘excess real property’’ means ex- ate and the appropriate committees of the The point of no quorum is considered cess property (as that term is defined in section United States House of Representatives not less withdrawn. 3 of the Property Act) that is real property and than 60 days prior to such transfer and any was acquired by the United States prior to en- such transfer shall be subject to the other provi- f actment of this section. sions of this section. GUAM OMNIBUS OPPORTUNITIES (4) The term ‘‘Guam National Wildlife Ref- uge’’ includes those lands within the refuge (E) Absent an agreement on the future owner- ACT overlay under the jurisdiction of the Depart- ship and use of the property, such property may Mr. HANSEN. Mr. Speaker, I move to ment of Defense, identified as DoD lands in fig- not be transferred to another Federal agency or out of Federal ownership except pursuant to an suspend the rules and concur in the ure 3, on page 74, and as submerged lands in figure 7, on page 78 of the ‘‘Final Environ- Act of Congress specifically identifying such Senate amendment to the bill (H.R. property; 2462) to amend the Organic Act of mental Assessment for the Proposed Guam Na- tional Wildlife Refuge, Territory of Guam, July (3) to real property described in the Guam Ex- Guam, and for other purposes. 1993’’ to the extent that the Federal Government cess Lands Act (Public Law 103–339; 108 Stat. The Clerk read as follows: holds title to such lands. 3116) which shall be disposed of in accordance Senate amendment: (5) The term ‘‘public purpose’’ means those with such Act; Strike out all after the enacting clause and public benefit purposes for which the United (4) to real property on Guam that is declared insert: States may dispose of property pursuant to sec- excess as a result of a base closure law; or tion 203 of the Property Act, as implemented by SECTION 1. OPPORTUNITY FOR THE GOVERN- (5) to facilities on Guam declared excess by MENT OF GUAM TO ACQUIRE EXCESS the Federal Property Management Regulations the managing Federal agency for the purpose of REAL PROPERTY IN GUAM. (41 CFR 101–47) or the specific public benefit transferring the facility to a Federal agency (a) TRANSFER OF EXCESS REAL PROPERTY.—(1) uses set forth in section 3(c) of the Guam Excess that has occupied the facility for a minimum of Except as provided in subsection (d), before Lands Act (Public Law 103–339; 108 Stat. 3116), two years when the facility is declared excess screening excess real property located on Guam except that such definition shall not include the together with the minimum land or interest for further Federal utilization under section 202 transfer of land to an individual or entity for therein necessary to support the facility. of the Federal Property and Administrative private use other than on a nondiscriminatory Services Act of 1949 (40 U.S.C. 471, et seq.) (here- basis. (e) DUAL CLASSIFICATION PROPERTY.—If a inafter the ‘‘Property Act’’), the Administrator (d) EXEMPTIONS.—Notwithstanding that such parcel of real property on Guam that is declared shall notify the Government of Guam that the property may be excess real property, the provi- excess as a result of a base closure law also falls property is available for transfer pursuant to sions of this section shall not apply— within the boundary of the Guam National this section. (1) to real property on Guam that is declared Wildlife Refuge, such parcel of property shall be (2) If the Government of Guam, within 180 excess by the Department of Defense for the disposed of in accordance with the base closure days after receiving notification under para- purpose of transferring that property to the law. graph (1), notifies the Administrator that the Coast Guard; (f) AUTHORITY TO ISSUE REGULATIONS.—The Government of Guam intends to acquire the (2) to real property on Guam that is located Administrator of General Services, after con- property under this section, the Administrator within the Guam National Wildlife Refuge, sultation with the Secretary of Defense and the shall transfer such property in accordance with which shall be transferred according to the fol- Secretary of the Interior, may issue such regula- subsection (b). Otherwise, the property shall be lowing procedure: tions as he deems necessary to carry out this screened for further Federal use and then, if (A) The Administrator shall notify the Gov- section. there is no other Federal use, shall be disposed ernment of Guam and the Fish and Wildlife of in accordance with the Property Act. Service that such property has been declared ex- SEC. 2. COMPACT IMPACT REPORTS. (b) CONDITIONS OF TRANSFER.—(1) Any trans- cess. The Government of Guam and the Fish Section 104(e)(2) of Public Law 99–239 (99 Stat. fer of excess real property to the Government of and Wildlife Service shall have 180 days to en- 1770, 1788) is amended by deleting ‘‘President Guam may be only for a public purpose and gage in discussions toward an agreement pro- shall report to the Congress with respect to the shall be without further consideration. viding for the future ownership and manage- impact of the Compact on the United States ter- (2) All transfers of excess real property to the ment of such real property. ritories and commonwealths and on the State of Government of Guam shall be subject to such re- (B) If the parties reach an agreement under Hawaii.’’ and inserting in lieu thereof, ‘‘Gov- strictive covenants as the Administrator, in con- subparagraph (A) within 180 days after notifica- ernor of any of the United States territories or sultation with the Secretary of Defense, in the tion of the declaration of excess, the real prop- commonwealths or the State of Hawaii may re- case of property reported excess by a military erty shall be transferred and managed in ac- port to the Secretary of the Interior by February department, determines to be necessary to en- cordance with such agreement: Provided, That 1 of each year with respect to the impacts of the sure that (A) the use of the property is compat- such agreement shall be transmitted to the Com- compacts of free association on the Governor’s ible with continued military activities on Guam; mittee on Energy and Natural Resources of the respective jurisdiction. The Secretary of the In- (B) the use of the property is consistent with the United States Senate and the appropriate com- terior shall review and forward any such reports environmental condition of the property; (C) ac- mittees of the United States House of Represent- to the Congress with the comments of the Ad- cess is available to the United States to conduct atives not less than 60 days prior to such trans- ministration. The Secretary of the Interior shall, any additional environmental remediation or fer and any such transfer shall be subject to the either directly or, subject to available technical monitoring that may be required; (D) the prop- other provisions of this section. assistance funds, through a grant to the af- erty is used only for a public purpose and can (C) If the parties do not reach an agreement fected jurisdiction, provide for a census of Mi- not be converted to any other use; and (E) to under subparagraph (A) within 180 days after cronesians at intervals no greater than five the extent that facilities on the property have notification of the declaration of excess, the Ad- years from each decennial United States census been occupied and used by another Federal ministrator shall provide a report to Congress on using generally acceptable statistical methodolo- agency for a minimum of 2 years, that the trans- the status of the discussions, together with his gies for each of the impact jurisdictions where fer to the Government of Guam is subject to the recommendations on the likelihood of resolution the Governor requests such assistance, except terms and conditions for such use and occu- of differences and the comments of the Fish and that the total expenditures to carry out this sen- pancy. Wildlife Service and the Government of Guam. tence may not exceed $300,000 in any year.’’.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 6333 E:\BR00\H30OC0.001 H30OC0 25554 CONGRESSIONAL RECORD—HOUSE October 30, 2000 SEC. 3. APPLICATION OF FEDERAL PROGRAMS thank the gentleman from Alaska (Mr. By far, the most important provision UNDER THE COMPACTS OF FREE AS- YOUNG), the chairman of the com- in this legislation today on the House SOCIATION. (a) The freely associated states of the Repub- mittee, and the gentleman from Cali- floor is the Guam Land Return Act. lic of the Marshall Islands, the Federated States fornia (Mr. GEORGE MILLER), the rank- With a land area of 220 square miles, of Micronesia, and the Republic of Palau, re- ing member. one-third of which is held by the U.S. spectively, and citizens thereof, shall remain eli- I ask that my colleagues support government, land is one of the most gible for all Federal programs, grant assistance, H.R. 2462, originally entitled the Guam important issues facing the people of and services of the United States, to the extent Omnibus Opportunities Act, which in- Guam. Section 1 of H.R. 2462 is truly that such programs, grant assistance, and serv- cludes important legislation that will landmark legislation which provides ices are provided to States and local govern- improve Federal-Guam relations deal- for a process to resolve all remaining ments of the United States and residents of such ing in particular with the problem of Federal land issues in Guam. States, for which a freely associated State or its Federal excess lands in Guam. citizens were eligible on October 1, 1999. This eli- This legislation is the product of an gibility shall continue through the period of ne- As background, when I originally in- effort which began some 7 years ago at gotiations referred to in section 231 of the Com- troduced H.R. 2462 last year, with both a Guam land conference. The con- pact of Free Association with the Republic of the gentleman from Alaska (Mr. ference was attended by Department of the Marshall Islands and the Federated States YOUNG) and the gentleman from Cali- Interior officials, DOD officials, gov- of Micronesia, approved in Public Law 99–239, fornia (Mr. GEORGE MILLER) as cospon- ernment of Guam officials, and hun- and during consideration by the Congress of leg- sors, there were six provisions in this dreds of citizens from Guam. We dis- islation submitted by an Executive branch agen- bill which dealt with Federal excess cy as a result of such negotiations. cussed in great detail the problems in lands, foreign investment tax equity in the original land takings by the Fed- (b) Section 214(a) of the Housing Community Guam, the importation of betel nuts Development Act of 1980 (42 U.S.C. 1436a(a)) is eral Government which justifies a spe- amended— for personal consumption, housing as- cial process for Guam. We discussed in (1) by striking ‘‘or’’ at the end of paragraph sistance for citizens from the Freely great detail the needs of the military (5); Associated States, Compact Impact re- and the complications created by the (2) by striking the period at the end of para- porting requirements, and State share involvement of the U.S. Fish and Wild- graph (6) and inserting ‘‘; or’’; and funding for Guam for certain Depart- (3) by adding at the end the following new life in declaring a wildlife refuge in ment of Justice block grant programs. Guam. But most importantly, we lis- paragraph: Mr. Speaker, H.R. 2462 was the first tened to the stories of the people of ‘‘(7) an alien who is lawfully resident in the Guam omnibus bill ever introduced in United States and its territories and possessions Guam, stories of patience, injustices, Congress. My goal was to introduce under section 141 of the Compacts of Free Asso- and failed promises, but steadfast loy- legislation dealing with Guam issues to ciation between the Government of the United alty. We knew then that a comprehen- States and the Governments of the Marshall Is- provide a clear delineation on the mat- ters that were important to our island sive process for the movement of Fed- lands, the Federated States of Micronesia (48 eral excess lands which was fair and U.S.C. 1901 note) and Palau (48 U.S.C. 1931 for Federal policymakers without note) while the applicable section is in effect: being mired in the complexities of tailored to fit the Guam situation Provided, That, within Guam any such alien other territorial or other Federal needed to be passed. The Guam Land Return Act provides shall not be entitled to a preference in receiving issues. assistance under this Act over any United States Fortunately, we were able to resolve a process for the government of Guam citizen or national resident therein who is other- many of these provisions and they are to receive lands from the U.S. Govern- wise eligible for such assistance.’’. no longer in the bill, including the last ment for specified public purposes by The SPEAKER pro tempore. Pursu- provision which is for State share fund- giving Guam the right of first refusal ant to the rule, the gentleman from ing for Guam for Department of Jus- of declared Federal excess lands by the Utah (Mr. HANSEN) and the gentleman tice block grant programs. With the as- General Services Administration prior from California (Mr. GEORGE MILLER) sistance of the gentleman from New to it being made available to any other each will control 20 minutes. York (Mr. SERRANO) and others, we Federal agency. Consideration is given The Chair recognizes the gentleman were able to take care of that in the to the impact of future uses of the re- from Utah (Mr. HANSEN). State, Commerce, Justice appropria- turn property on nearby military fa- Mr. HANSEN. Mr. Speaker, I yield tions measure. cilities. It also provides for a process myself such time as I may consume. The other matter which we were able for the government of Guam and the I rise today in support of H.R. 2462, to resolve administratively was the U.S. Fish and Wildlife to engage in ne- legislation which would amend the Or- provision of betel nut importation. On gotiations on the future ownership and ganic Act of Guam. September 7, 2000, the Food and Drug management of declared Federal excess This House passed this bill on July Administration revised its provision on lands within the refuge. 25, and the other body has amended it betel nuts from Guam by issuing an I am pleased that we were able to re- and returned to it us for another vote. import bulletin allowing for the impor- tain the definition of public benefit The amendments are clarifying in na- tation for personal consumption. I am purposes under Public Law 103–339. ture and are constructive and accept- pleased that the people of Guam and This process has worked well for us in able. I urge my colleagues to vote in other Pacific Islanders are now able to Guam and it provides the government support of H.R. 2462, as amended by the freely practice our cultural tradition of of Guam the flexibility needed to pro- other body. betel nut chewing when visiting family vide for local land use needs. I want to Mr. Speaker, I reserve the balance of or friends or residing in the U.S. main- stress that this is very important legis- my time. land. lation for the people of Guam. It pro- Mr. GEORGE MILLER of California. Mr. Speaker, H.R. 2462, as passed by vides a vehicle for them to acquire, re- Mr. Speaker, I yield such time as he the Senate on October 24, 2000, includes acquire the land which was taken im- may consume to the gentleman from the remaining provisions as originally mediately after World War II in a way Guam (Mr. UNDERWOOD), who has introduced and provides for a continu- that does not compromise our military worked very long and hard on this leg- ation of Federal programs for citizens position and in a way that is fair and islation and has worked with all of us from the Freely Associated States for equitable to the people of Guam. on the committee to resolve concerns the duration of compact negotiations Mr. Speaker, I ask for my colleagues’ that have been raised. between the United States and the Re- support on this legislation. Mr. UNDERWOOD. Mr. Speaker, I public of the Marshall Islands and the Mr. GEORGE MILLER of California. thank the ranking member for yielding Federated States of Micronesia. Legis- Mr. Speaker, I yield such time as she me this time, and I would like to thank lation dealing with foreign investment may consume to the gentlewoman from both the majority and minority for equity tax treatment is being pursued the Virgin Islands (Mrs. CHRISTENSEN), their extensive support on this par- in another legislative vehicle due to and I thank her for her help on this ticular piece of legislation. I also overlapping committee jurisdictions. legislation.

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Mrs. CHRISTENSEN. Mr. Speaker, I prior announcement, further pro- tlewoman from California (Ms. LEE) thank the gentleman for yielding me ceedings on this motion will be post- each will control 20 minutes. this time. poned. The Chair recognizes the gentleman I rise in support of H.R. 2462, the The point of no quorum is considered from Nebraska (Mr. BEREUTER). Guam Omnibus Opportunities Act. I withdrawn. GENERAL LEAVE congratulate my colleague and fellow f Mr. BEREUTER. Mr. Speaker, I ask Democrat, the gentleman from Guam unanimous consent that all Members (Mr. UNDERWOOD), for his successful CORRECTING ENROLLMENT OF S. may have 5 legislative days within work in shepherding this legislation 1474, PALMETTO BEND CONVEY- which to revise and extend their re- through the Congress. Few will ever ANCE ACT marks on H.R. 5239. fully appreciate the difficulties faced Mr. HANSEN. Mr. Speaker, I ask The SPEAKER pro tempore. Is there by the delegates from the U.S. terri- unanimous consent to take from the objection to the request of the gen- tories in moving legislation through Speaker’s table the Senate concurrent tleman from Nebraska? the Congress. The process entails many resolution (S. Con. Res. 156) to make a There was no objection. emotional highs and lows, and often re- correction in the enrollment of the Mr. BEREUTER. Mr. Speaker, I yield quires our full attention to educate bill, S. 1474, and ask for its immediate myself such time as I may consume. others with the issues that confront consideration in the House. (Mr. BEREUTER asked and was our fellow Americans in the territories. The Clerk read the title of the Senate given permission to revise and extend The Guam Omnibus Opportunities concurrent resolution. his remarks.) Act is important legislation for Guam The SPEAKER pro tempore. Is there Mr. BEREUTER. Mr. Speaker, this and good policy for the United States. objection to the request of the gen- Member rises in support of H.R. 5239, Of all the territories, Guam has his- tleman from Utah? the Export Administration Modifica- torically played a strategic role in the There was no objection. tion and Clarification Act of 2000, planning of our national defense. How- The Clerk read the Senate concur- which provides for a short-term exten- ever, the ending of the Cold War and rent resolution as follows: sion of the Export Administration Act, our shifting defense strategy has EAA, through August 20, 2001. caused much of the military land S. CON. RES. 156 For the past 6 years, the provisions of owned in Guam to become excess, as it Resolved by the Senate (the House of Rep- the EAA have been kept in force has also downsized military activities resentatives concurring), That in the enroll- through the provisions of the Inter- across our Nation. ment of the bill (S. 1474) entitled ‘‘An Act Mr. Speaker, H.R. 2462 sets out a providing for conveyance of the Palmetto national Emergency Economic Powers Bend project to the State of Texas.’’, the Act, known as IEEPA. When the EAA process so that Guam can have the Secretary of the Senate shall make the fol- right of first refusal for the return of lapsed in 1994, the President kept the lowing correction: export administration regulations in future excess Federal land in Guam. In section 7(a) insert ‘‘not’’ after ‘‘shall’’. Taking into consideration the island’s force by Executive Order under emer- The Senate concurrent resolution gency authority under IEEPA, as has limited and precious resources, this was concurred in. new policy will provide opportunities been done in the past. A motion to reconsider was laid on Enactment of this measure is in- for Guam to maximize the use of these the table. tended to reauthorize the existing EAA lands that have been in Federal control f for a short period of time, thereby per- for the past 51⁄2 decades. mitting the Congress to fashion a com- Mr. Speaker, this is good legislation GENERAL LEAVE for the people of Guam, and I again prehensive rewrite of this 21-year-old Mr. HANSEN. Mr. Speaker, I ask congratulate the gentleman from statute. unanimous consent that all Members Guam (Mr. UNDERWOOD) for his tireless b 1445 may have 5 legislative days within work in getting this measure to the which to revise and extend their re- The EAA currently establishes ex- floor. I urge full support from my col- marks on H.R. 1653, H. Con. Res. 434, port licensing policy for items detailed leagues. H.R. 4020, H.R. 5461, S. 2020, and H.R. on the Commerce Control list. The list Mr. GEORGE MILLER of California. provides specifications for close to 2,400 Mr. Speaker, I yield myself such time 2462, the 6 bills just debated. The SPEAKER pro tempore. Is there dual-use items, including equipment as I may consume. and software likely to require some I just want to commend the gen- objection to the request of the gen- type of license. tleman from Guam (Mr. UNDERWOOD) tleman from Utah? Mr. Speaker, this Member would who has spent a considerable amount There was no objection. point out to his colleagues that the of time working out all of the difficul- f other body has modified the text of the ties with this legislation in bringing EXPORT ADMINISTRATION MODI- bill which originated in this Chamber the parties together. Mr. Speaker, I yield back the balance FICATION AND CLARIFICATION since the lapse of the Export Adminis- of my time. ACT OF 2000 tration Act in August of 1994, would The SPEAKER pro tempore. The Mr. BEREUTER. Mr. Speaker, I move have retroactively provided the De- question is on the motion offered by to suspend the rules and concur in the partment of Commerce with authority the gentleman from Utah (Mr. HANSEN) Senate amendment to the bill (H.R. to keep licensing information confiden- that the House suspend the rules and 5239) to provide for increased penalties tial under provisions of section 12(c) of concur in the Senate amendment to for violations of the Export Adminis- that act. the bill, H.R. 2462. tration Act of 1979, and for other pur- Under the provisions of this measure, The question was taken. poses. the Department of Commerce will be The SPEAKER pro tempore. In the The Clerk read as follows: able to protect licensing information from the date of enactment through opinion of the Chair, two-thirds of Senate amendment: those present have voted in the affirm- Strike out all after the enacting clause and August 20, 2001. It also provides for ative. insert: higher fines for criminal and/or admin- Mr. HANSEN. Mr. Speaker, I object Section 20 of the Export Administration Act of istrative sanctions against the individ- to the vote on the ground that a 1979 (50 U.S.C. App. 2419) is amended by strik- uals or companies found to be in viola- quorum is not present and make the ing ‘‘August 20, 1994’’ and inserting in lieu tion of export control regulation. point of order that a quorum is not thereof ‘‘August 20, 2001’’. This Member would further point out present. The SPEAKER pro tempore. Pursu- to his colleagues that while the origi- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from nal text of this Chamber’s bill had in- ant to clause 8, rule XX and the Chair’s Nebraska (Mr. BEREUTER) and the gen- cluded even higher fines, the measure

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25556 CONGRESSIONAL RECORD—HOUSE October 30, 2000 before this body today will still provide This bill underscores the confidentiality pro- These are, I believe, good reasons why this higher fines than those currently au- visions of the EAA and thus helps to ensure measure deserves the support of all of my col- thorized under IEEPA. the Commerce Department’s ability to keep leagues. In short, this measure provides a sensitive export information confidential. For Ms. LEE. Mr. Speaker, I have no fur- much-needed stopgap authority for ex- over six years, the U.S. has been operating ther requests for time, and I yield back port control officials at the Commerce under International Emergency Economic the balance of my time. Department. Powers Act rendering itself vulnerable to legal Mr. BEREUTER. Mr. Speaker, I yield Mr. Speaker, these are good reasons challenges. This bill helps to protects the gov- back the balance of my time. in this Member’s judgment why this ernment against these legal challenges. The SPEAKER pro tempore (Mr. measure deserves the support of our Unfortunately, the legislation before us does BARRETT of Nebraska). The question is colleagues. Therefore, this Member not provide changes to our system of export on the motion offered by the gen- urges adoption of H.R. 5239. controls—changes needed to address current tleman from Nebraska (Mr. BEREUTER) Mr. Speaker, I reserve the balance of global realities. However, it does serve to un- that the House suspend the rules and my time. derscore the importance of the EAA and the concur in the Senate amendment to Ms. LEE. Mr. Speaker, I yield myself need to have an efficient framework for the H.R. 5239. such time as I may consume. administration of export controls. The question was taken; and (two- Mr. Speaker, I rise in strong support Throughout the last few years, the Sub- thirds having voted in favor thereof) of this bill. The Export Administration committee on International Economic Policy the rules were suspended and the Sen- Act has been the principal authority and Trade, which I chair, has held numerous ate amendment was concurred in. for the regulation in the export of dual- sessions to investigate the areas of EAA A motion to reconsider was laid on use items from the United States. which need reforming or re-writing. We have the table. When this bill lapsed in August of 1994, evaluated legislation and have approved the President invoked the Inter- smaller efforts to correct flaws in the current f national Emergency Economic Powers export control process. VOICING CONCERN ABOUT SERI- However, more progress needs to be made Act, and other authorities, to continue OUS VIOLATIONS OF HUMAN if we are to bring the EAA out of the Cold War the export control system, including RIGHTS AND FUNDAMENTAL the Export Administration Regula- and into the present. I hope this bill will serve as the foundation FREEDOMS IN MOST STATES OF tions. CENTRAL ASIA Now, there has been a recent court for failure legislative action by both Chambers Mr. BEREUTER. Mr. Speaker, I move ruling that calls into question whether toward the realization of this important goal. Mr. GILMAN. Mr. Speaker, I rise in support to suspend the rules and agree to the or not the government can essentially of H.R. 5239, the ‘‘Export Administration Modi- concurrent resolution (H. Con. Res. 397) hide behind emergency powers to re- fication and Clarification Act of 2000’’ which voicing concern about serious viola- vive an expired law. Specifically, the provides for a simple extension of the Export tions of human rights and fundamental case calls into question the Commerce Administration Act though August 20, 2001. freedoms in most states of Central Department’s ability to keep sensitive For the past six years, its authorities have Asia, including substantial noncompli- export information provided by export- been kept in force through the provisions of ance with their Organization for Secu- ers from public disclosure using the the International Emergency Economic Powers rity and Cooperation in Europe (OSCE) confidentiality provision. We have got to pass this law to make Act. commitments on democratization and Enactment of this measure is intended to re- sure that they can keep the informa- the holding of free and fair elections, authorize the existing EAA for a short period tion confidential so that the exporters as amended. of time thereby permitting the Congress to will fully use the Commerce Depart- The Clerk read as follows: fashion a comprehensive rewrite of this 21 ment’s assistance in exporting our H. CON. RES. 397 year old statute. products. We really do have a record Whereas the states of Central Asia— I would point out, however, that the Senate Kazakhstan, Kyrgyzstan, Tajikistan, trade imbalance. We need to export has modified the text of the House bill which, more. Exporting American products Turkmenistan, and Uzbekistan—have been since the lapse of the Export Administration participating states of the Organization for creates jobs for American workers. Act in August of 1994, would have retro- Security and Cooperation in Europe (OSCE) We need to pass this law as an impor- actively provided the Department of Com- since 1992 and have freely accepted all OSCE tant part of making sure that the Com- merce with authority to keep licensing informa- commitments, including those concerning merce Department is there to provide tion confidential under the provisions of Sec- human rights, democracy, and the rule of law; as much assistance as possible in mov- tion 12(c) of that Act. ing products overseas. Whereas the Central Asian states, as OSCE By adopting the Senate version of this legis- participating states, have affirmed that While we would have preferred the lation, the Congress is leaving to the courts House-passed version, the Senate every individual has the right to freedom of the question whether, or to what extent, the thought, conscience, religion or belief, ex- amendment we are taking up today provisions of the Export Administration Act of pression, association, peaceful assembly and does address this problem. It reauthor- 1979 were extended by authorities granted movement, freedom from arbitrary arrest, izes the Export Administration Act under IEPPA after the expiration of the EAA in detention, torture, or other cruel, inhuman, until October 20, 2001. By doing so, it 1994. or degrading treatment or punishment, and will ensure that the Department of We can say, however, with certainty that if charged with an offense the right to a fair Commerce will be able to rely on the under the provisions of this measure, the De- and public trial; Whereas the Central Asian states, as OSCE Export Administration Act to protect partment of Commerce will be able to protect the confidentiality of the relevant doc- participating states, have committed them- licensing information from the date of enact- selves to build, consolidate, and strengthen uments received since 1994, as well as ment through August 20, 2001. democracy as the only system of govern- the documents that the Commerce De- It also provides for higher fines for criminal ment, and are obligated to hold free elec- partment receives between now and and or administrative sanctions against individ- tions at reasonable intervals, to respect the August 20 of next year. uals or companies found to be in violation of right of citizens to seek political or public Mr. Speaker, for that reason we fully export control regulations. office without discrimination, to respect the concur that this bill should be passed. And I further point out to my colleagues that right of individuals and groups to establish I urge my colleagues to support H.R. while the original text of the House bill had in- in full freedom their own political parties, 5239. cluded even higher fines, the measure before and to allow parties and individuals wishing to participate in the electoral process access Ms. ROS-LEHTINEN. Mr. Speaker, I rise in the House today will still provide higher fines to the media on a nondiscriminatory basis; support of this legislation which serves to re- that those currently authorized under IEEPA. Whereas the general trend of political de- authorize the Export Administration Act and In short, this measure provides a much velopment in Central Asia has been the extend its authority over the regulation of ex- needed stop-gap authority for our export con- emergence of presidents far more powerful ports of dual-use items. trol officials at the Commerce Department. than other branches of government, all of

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25557 whom have refused to allow genuine elec- would-be candidates have raised grave con- ing the absence of conditions for a free and toral challenges, postponed or canceled elec- cerns about the fairness of the election proc- fair election, sent no observers except a tions, excluded serious rivals from partici- ess and the prospects for holding a fair Presi- small group of experts to the December 1999 pating in elections, or otherwise contrived to dential election on October 29, 2000; parliamentary election and refused any in- control the outcome of elections; Whereas independent and opposition-ori- volvement in the January 2000 Presidential Whereas several leaders and governments ented media in Kyrgyzstan have faced seri- election: Now, therefore, be it in Central Asia have crushed nascent polit- ous constraints, including criminal lawsuits Resolved by the House of Representatives (the ical parties, or refused to register opposition by government officials for alleged defama- Senate concurring), That the Congress— parties, and have imprisoned and used vio- tion; (1) expresses deep concern about the tend- lence against, or exiled, opposition figures; Whereas in Tajikistan, a civil war in the ency of Central Asian leaders to seek to re- Whereas in recent weeks fighting has early 1900s caused an estimated 50,000 people main in power indefinitely and their willing- erupted between government troops of to perish, and a military stalemate forced ness to manipulate constitutions, elections, Kyrgyzstan and Uzbekistan and members of President Imomaly Rakhmonov in 1997 to and legislative and judicial systems, to do the Islamic Movement of Uzbekistan; come to terms with Islamic and democratic so; Whereas Central Asian governments have opposition groups and agree to a coalition (2) urges the President, the Secretary of the right to defend themselves from internal government; State, the Secretary of Defense, and other and external threats posed by insurgents, Whereas free and fair elections and other United States officials to raise with Central radical religious groups, and other anti- democratic steps in Tajikistan offer the best Asian leaders, at every opportunity, the con- democratic elements which employ violence hope of reconciling government and opposi- cern about serious violations of human as a means of political struggle; tion forces, overcoming the legacy of the rights, including noncompliance with Orga- Whereas the actions of the Central Asian civil war, and establishing the basis for civil nization for Security and Cooperation in Eu- governments have tended to exacerbate society; rope (OSCE) commitments on democracy and these internal and external threats by do- Whereas President Rakhmonov was re- rule of law; mestic repression, which has left few outlets elected in November 1999 with 96 percent of (3) urges Kazakhstan, Kyrgyzstan, for individuals and groups to vent grievances the vote in an election the OSCE did not ob- Tajikistan, Turkmenistan, and Uzbekistan or otherwise participate legally in the polit- serve because of the absence of conditions to come into compliance with OSCE commit- ical process; that would permit a fair contest; ments on human rights, democracy, and the Whereas in Kazakhstan, President Whereas the first multiparty election in rule of law, specifically the holding of free Nursultan Nazarbaev dissolved parliament in the history of Tajikistan was held in Feb- and fair elections that do not exclude gen- 1993 and again in 1995, when he also annulled ruary–March 2000, with the participation of uine challengers, to permit independent and scheduled Presidential elections, and ex- former warring parties, but the election fell opposition parties and candidates to partici- tended his tenure in office until 2000 by a short of OSCE commitments and 11 people, pate on an equal basis with representation in deeply flawed referendum; including a prominent candidate, were election commissions at all levels, and to Whereas on January 10, 1999, President killed; allow domestic nongovernmental and polit- Nazarbaev was reelected in snap Presidential Whereas in Turkmenistan under the rule of ical party observers, as well as international President Saparmurat Niyazov, no inter- elections from which a leading challenger observers; nationally recognized human rights are ob- was excluded for having addressed an unreg- (4) calls on Central Asian leaders to estab- served, including freedom of speech, assem- istered organization, ‘‘For Free Elections,’’ lish conditions for independent and opposi- bly, association, religion, and movement, and the OSCE assessed the election as falling tion media to function without constraint, and attempts to exercise these rights are far short of international standards; limitation, or fear of harassment, to repeal brutally suppressed; Whereas Kazakhstan’s October 1999 par- criminal laws which impose prison sentences Whereas Turkmenistan has committed po- liamentary election, which featured wide- for alleged defamation of the state or public litical dissidents to psychiatric institutions; spread interference in the process by the au- officials, and to provide access to state Whereas in Turkmenistan President thorities, fell short of OSCE standards, ac- media on an equal basis during election cam- Niyazov is the object of a cult of personality, cording to the OSCE’s Office of Democratic all political opposition is banned, all media paigns to independent and opposition parties Institutions and Human Rights (ODIHR); are tightly censored, and only one political and candidates; Whereas Kazakhstan’s parliament on June party, the Democratic Party, headed by (5) reminds the leaders of Central Asian 22, 2000, approved draft legislation designed President Niyazov, has been registered; states that elections cannot be free and fair to give President Nazarbaev various powers Whereas the OSCE’s Office of Democratic unless all citizens can take part in the polit- and privileges for the rest of his life; Institutions and Human Rights (ODIHR), cit- ical process on an equal basis, without in- Whereas independent media in Kazakhstan, ing the absence of conditions for a free and timidation or fear of reprisal, and with con- which used to be fairly free, have been pres- fair election, refused to send any representa- fidence that their human rights and funda- sured, co-opted, or crushed, leaving few out- tives to the December 1999 parliamentary mental freedoms will be fully respected; lets for the expression of independent or op- elections; (6) calls on Central Asian governments position views, thus limiting the press’s abil- Whereas President Niyazov subsequently that have begun roundtable discussions with ity to criticize or comment on the Presi- orchestrated a vote of the People’s Council opposition and independent forces to engage dent’s campaign to remain in office indefi- in December 1999 that essentially makes him in a serious and comprehensive national dia- nitely or on high-level corruption; President for life; logue, on an equal footing, on institutional- Whereas the Government of Kazakhstan Whereas in Uzbekistan under President izing measures to hold free and fair elec- has initiated, under OSCE auspices, round- Islam Karimov, no opposition parties are tions, and urges those governments which table discussions with representatives of registered, and only pro-government parties have not launched such roundtables to do so; some opposition parties and public organiza- are represented in parliament; (7) calls on the leaders of Turkmenistan tions designed to remedy the defects of elec- Whereas in Uzbekistan all opposition polit- and Uzbekistan to condemn and take effec- toral legislation and now should increase the ical parties and leaders have been forced un- tive steps to cease the systematic use of tor- input in those discussions from opposition derground or into exile, all media are ture and other inhuman treatment by au- parties and public organizations that favor a censored, and attempts to disseminate oppo- thorities against political opponents and more comprehensive national dialogue; sition newspapers can lead to jail terms; others, to permit the registration of inde- Whereas opposition parties can function in Whereas Uzbekistan’s authorities have laid pendent and opposition parties and can- Kyrgyzstan and parliament has in the past the primary blame for explosions that took didates, and to register independent human demonstrated some independence from Presi- place in Tashkent in February 1999 on an op- rights monitoring organizations; dent Askar Akaev and his government; position leader and have tried and convicted (8) urges the governments of Central Asia Whereas 3 opposition parties in Kyrgyzstan some of his relatives and others deemed his which are engaged in military campaigns were excluded from fielding party lists and supporters in court proceedings that did not against violent insurgents to observe inter- serious opposition candidates were not al- correspond to OSCE standards and in other national law regulating such actions, to keep lowed to contest the second round of the trials closed to the public and the inter- civilians and other noncombatants from February–March 2000 parliamentary election, national community; harm, and not to use such campaigns to jus- or were prevented from winning their races Whereas in Uzbekistan police and security tify further crackdowns on political opposi- by official interference, as cited by the forces routinely plant narcotics and other tion or violations of human rights commit- OSCE’s Office of Democratic Institutions evidence on political opposition figures as ments under OSCE; and Human Rights (ODIHR); well as religious activists, according to (9) encourages the Administration to raise Whereas a series of flagrantly politicized Uzbek and international human rights orga- with the governments of other OSCE partici- criminal cases after the election against op- nizations; and pating states the possible implications for position leaders and the recent exclusion on Whereas the OSCE’s Office of Democratic OSCE participation of any participating questionable linguistic grounds of other Institutions and Human Rights (ODIHR), cit- state in the region that engages in clear,

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 25558 CONGRESSIONAL RECORD—HOUSE October 30, 2000 gross, and uncorrected violations of its OSCE An even more disappointing example talism, will keep the West and Wash- commitments on human rights, democracy, is Kyrgyzstan. Once one of the most ington from pressing them too hard on and the rule of law; and democratic Central Asian states, human rights while they consolidate (10) urges the Voice of America and Radio Kyrgyzstan has gone the way of neigh- power. Let us show them that they are Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring boring dictatorships. President Akaev wrong. that the peoples of the region have access to has followed his regional counterparts America’s long-term and short-term unbiased news and programs that support re- in manipulating the legal, judicial, and interests lie with democracy, the rule spect for human rights and the establish- law enforcement apparatus in a way to of law, and respect for human rights. ment of democracy and the rule of law. stay in office, despite domestic protest So I hope that my friends and col- The SPEAKER pro tempore. Pursu- and international censure. On October leagues on both sides of the aisle will ant to the rule, the gentleman from 29, he will run for a third term; and he join in backing this important resolu- Nebraska (Mr. BEREUTER) and the gen- will win it, in a pseudo-election from tion. tlewoman from California (Ms. LEE) which all serious candidates have been Mr. BEREUTER. Mr. Speaker, I re- each will control 20 minutes. excluded. serve the balance of my time. The Chair recognizes the gentleman Throughout the region, authoritarian Ms. LEE. Mr. Speaker, I yield myself from Nebraska (Mr. BEREUTER). leaders have contrived to remain in of- such time as I may consume. Mr. Speaker, I rise in support of this GENERAL LEAVE fice by whatever means necessary and Mr. BEREUTER. Mr. Speaker, I ask give every sign of intending to remain resolution. The post-Soviet independ- ence of the Central Asian states has unanimous consent that all Members in office as long as they live. Indeed, not panned out in the way that bene- may have 5 legislative days within Turkmenistan’s President Niyazov has fited the population of these countries. which to revise and extend their re- made himself President for Life last Instead, it created wealthy and often marks on this measure. December, and Kazakhstan’s President corrupt elites and impoverished the The SPEAKER pro tempore. Is there Nazarbaev, who has extended his ten- population. objection to the request of the gen- ure in office through referenda, can- tleman from Nebraska? Although all of these newly-inde- celing elections, and staging deeply pendent states have joined the OSCE There was no objection. flawed elections, this summer arranged Mr. BEREUTER. Mr. Speaker, I yield and appear, at least on paper, to be to have lifelong privileges and perks go committed to OSCE principles, in re- such time as he may consume to the his way. gentleman from New Jersey (Mr. ality the leaders of these countries It may sound bizarre, but it may not have consistently fallen back on their SMITH), the author of this resolution be out of the realm of possibility that with whom I have worked. I appreciate OSCE commitments. some of these leaders who already head The political development reinforced his great effort. what are, for all intents and purposes, Mr. SMITH of New Jersey. Mr. the Office of the President at the ex- royal families, are planning to estab- Speaker, I thank the gentleman from pense other branches of government. lish what can only be described as fam- Nebraska (Mr. BEREUTER) for yielding Parliaments are weak and the courts ily dynasties. me this time, and I want to thank him are not free. Presidents of some coun- Certainly the worst offender is for his work in shepherding this resolu- tries, such as Turkmenistan, have Turkmenistan. Under the tyrannical tion through his Subcommittee on Asia pushed laws through their rubber- misrule of Niyazov, President Niyazov, and the Pacific, and for all of those stamp legislatures that extend their his country is the only one-party state Members who have co-signed and co- presidential powers for life. Other gov- in the entire OSCE region. Niyazov’s sponsored this resolution. ernments, like the government of Mr. Speaker, this resolution ex- cult of personality has reached such Uzbekistan, have been using the jus- presses the sense of Congress that the proportions that state media refer to tification of fighting terrorism and in- state of democratization and human him as a sort of divine being, while surgency as a means to imprison and/or rights in the countries of Central Asia, anyone who whispers a word of opposi- exile the opposition, censor the press, Kazahkstan, Kyrgyzstan, Tajikistan, tion or protest is dragged off to jail and and control civic and religious activi- Turkmenistan, and Uzbekistan, is a tortured. ties. source of very, very serious concern. In Corruption is also rampant in Cen- On the other hand, some countries 1992, these States freely pledged to ob- tral Asia. Rulers enrich themselves and such as Kyrgyzstan and Kazakhstan serve the provisions of the 1975 Hel- their families and a favored few, while have demonstrated varying degrees of sinki Final Act and subsequent OSCE the rest of the population struggles to progress. Until recently, opposition documents. The provisions contained eke out a miserable existence and parties could function freely in in the 1990 Copenhagen Document com- drifts towards desperation. We are, in- Kyrgyzstan, while the OSCE agreed to mit the participating states to foster deed, already witnessing the con- Kazakhstan’s 1999 parliamentary elec- democratization through, among other sequences. For the second consecutive tion, which they found falling short of things, the holding of free and fair elec- year, armed insurgents of the Islamic international standards but, neverthe- tions, to promote freedom of the Movement of Uzbekistan invaded less, an improvement over the past. media, and to observe the human Uzbekistan and Kyrgyzstan. While they The stability of Central Asia is key rights of their citizens. have been less successful than last year to the stability of this region which Mr. Speaker, 8 years have passed in seizing territory, they will not go borders on Afghanistan, Iran, China, since then, but in much of Central Asia away. Impoverishment of the populace and Pakistan. The governments of Cen- the commitments they promised to ob- fills their ranks with people, threat- tral Asia cite the destabilizing influ- serve remain a dead letter. In fact, in ening to create a chronic problem. ence of drugs and arms-trafficking some countries the situation has dete- While the most radical groups in Cen- from outside of their borders and the riorated substantially. tral Asia might have sought to create need to fight Islamic fundamentalism For instance, opposition political ac- theocracies regardless of the domestic as justifications for their authoritarian tivity was permitted in Uzbekistan in policies pursued by Central Asian lead- regimes. the late 1980s. An opposition leader ers, the latter’s marriage of corruption The government of Kyrgyzstan and even ran for president in the December and repression has created an explosive Uzbekistan have already been battling 1991 election. In mid-1992, however, brew. with the Islamic Movement of President Karimov decided to ban any Mr. Speaker, finally let me say the Uzbekistan, a United States-recognized manifestation of dissidence. Since leaders of Kazakhstan, Kyrgyzstan, terrorist group. However, some have then, no opposition movements have Tajikistan, Uzbekistan, and charged that the oppressive measures been allowed to function openly and Turkmenistan seem to believe that of these regimes may have driven their the state controls the society as tight- U.S. strategic interest in the region, impoverished and marginalized popu- ly as during the Soviet era. and the fear of Islamic fundamen- lation into the arms of terrorists.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.001 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25559 Although the Central Asian states do In some ways, this is a difficult reso- Mr. Speaker, I reserve the balance of not have a strong tradition of democ- lution. There are five countries in Cen- my time. racy, free press, and free and fair elec- tral Asia. Each has unique characteris- Ms. LEE. Mr. Speaker, I have no fur- tions, it is, however, important that tics. Some enjoy certain socioeconomic ther requests for time, and I yield back our government and Congress continue advantages over the others. the balance of my time. to press for greater democratic reforms Kyrgyzstan and Kazakhstan allow a Mr. BEREUTER. Mr. Speaker, I yield in these countries within the OSCE relatively greater, but still limited, de- such time as he may consume to the framework and on a bilateral basis. gree of political participation. gentleman from California (Mr. ROHR- Mr. Speaker, I urge my colleagues to The ruler in Turkmenistan has devel- ABACHER), the distinguished member of support H. Con. Resolution 397. oped a cult of personality so deep that the Subcommittee on Asia and the Pa- Mr. Speaker, I reserve the balance of he has changed his name so that he is, cific. my time. quite literally, ‘‘Father of the Mr. ROHRABACHER. Mr. Speaker, I Mr. BEREUTER. Mr. Speaker, I yield Turkmen’’; in other words, Turkmen- rise in support of H. Con. Res. 347. Let myself such time as I may consume. bashi. me just say that it is sad that we must Mr. Speaker, I want to commend the Tajikistan has suffered from a severe recognize today the chaos and turmoil gentlewoman from California (Ms. LEE) civil war throughout the 1990s. But the that is found in Central Asia, the on her comments, as well as the gen- common theme throughout Central chaos, the turmoil, the repression, the tleman from New Jersey (Mr. SMITH), Asia is governmental abuse of human dictatorship, the heartache, the tor- chairman of the Subcommittee on rights, basic human rights. Opposition ture, the things that could have been International Operations and Human leaders who appear to be gaining influ- avoided, in a part of a world that Rights, for his comments and his work ence are dealt within a decisive, anti- showed such promise, such promise 10 on this legislation. democratic manner. years ago. b 1500 Now, it is certainly true that most, if Upon the fall of the Soviet Union, ev- not all of these countries, face armed Mr. Speaker, with the collapse of the eryone expected Central Asia to insurgencies. There are all-powerful emerge as a shining light of commerce Soviet Union in 1991, five independent tribal warlords in Tajikistan. In States in Central Asia came into being, and progress. Instead, what we see is Uzbekistan and Kyrgyzstan, there are Central Asia falling into a pit, a dark we have heard about them here today, armed religious extremists. Indeed, as Kazakhstan, Kyrgyzstan, Tajikistan, pit of repression and despair. we meet, there are Taliban-backed in- I believe one of the primary reasons Turkmenistan and Uzbekistan. The surgents fighting Uzbek military deserts, the mountains, the steppes and for this huge part of the world falling forces. I think we are going to hear into despair has something to do with the river valleys in this region are about that in a few minutes from the home to 50 million people. State bor- the policies right here in Washington, gentleman from California (Mr. ROHR- ders, which were imposed by Stalin, ar- D.C. The Clinton administration has, ABACHER). These Islamic militants are more than any other administration in tificially partition and breed decidedly antidemocratic. the history of this country, lowered the resentments among various large eth- In Kazakhstan, there have been ef- priority for human rights as an inter- nic groups, principally Russians, forts by pro-Moscow elements to over- Uzbeks and Tajiks. throw the government. It is entirely national goal. During the Ronald Reagan years, Since achieving their independence, appropriate that the governments of when we were in the middle of a Cold the Central Asian Republics have oper- the region deal with such threats. How- ated with little or no international ever, it is one thing to campaign War, Ronald Reagan made human scrutiny. In effect, Central Asia has against armed insurgents. It is quite rights a priority. We established the been relegated to an international pol- another to use the insurgency as an ex- National endowment for Democracy. icy backwater. However, given the geo- cuse to suspend international law and We talked about it. We negotiated strategic significance of the region, crack down on the legal political oppo- about it. It became preeminent among and given the region’s vast wealth of sition. Unfortunately, in some in- our demands when we were talking to natural resources, such an oversight is stances, that is what has been done. the governments like that of the So- risky. This body ignores the region at H. Con. Res. 397 speaks to the very viet union. its peril, as does our country. real abuses that have occurred in each It worked. Because we stressed Regrettably, the nations of Central of the Central Asian Republics, and human rights and democracy, the Asia appear to be moving along the puts these nations on alert that the world has a much greater chance for path of authoritarianism. In recent House of Representatives is deeply con- freedom and democracy but also a months, each of the five countries has cerned about the ongoing abuses of much greater chance for peace. conducted general elections. These power. The resolution urges the Na- Unfortunately, that great gift to elections varied in the degree of elec- tions to come into compliance with mankind was squandered by this ad- toral freedom; however, in no case did their OSCE commitments and calls ministration which, as I say, not only any of these elections meet inter- upon the President and the Secretary made human rights not a priority, but nationally accepted norms. Indeed, of State to raise human rights con- just took it off the list of which we most remain reminiscent of Soviet- cerns when meeting with representa- were negotiating, especially with the style elections. tives of these governments. Communist Chinese. There has been decertification of op- Again, this Member congratulates What has this lack of priority, what position parties and, in some cases, the the resolution’s author, the distin- has this lack of concern for human apprehension of opposition leaders. guished gentleman from New Jersey rights done in Central Asia? We have The State Department’s Country Re- (Mr. SMITH), for holding hearings on seen these regimes in Kazakhstan, ports on Human Rights Practices for this subject as a part of his efforts and Azerbaijan, Uzbekistan, Turkmenistan, 1999 concludes that presidential power introducing the resolution. The lan- Tajikistan and others which had such in Kazakhstan and Kyrgyzstan over- guage he has crafted accurately re- promise turn into a cesspool of repres- shadows legislative and judicial power, flects the serious democratic short- sion and torture. and that Uzbekistan, Turkmenistan comings throughout the region. We have seen election fraud in coun- and Tajikistan have lost ground in de- This Member appreciates the willing- tries like Uzbekistan where they had mocratization and respect for human ness of his staff to work with the Sub- such a great chance, a great oppor- rights. This continual decline is very committee on Asia and the Pacific to tunity to have free elections. In Azer- disturbing and raises questions about craft a resolution that all in this body baijan, military takeovers of a demo- the ability of the United States to suc- can support. cratically elected regime. In cessfully encourage true democratic in- Mr. Speaker, I urge support for H. Kazakhstan and Turkmenistan and stitutions and the rule of law. Con. Res. 397. Tajikistan, countries that had a

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25560 CONGRESSIONAL RECORD—HOUSE October 30, 2000 chance, the ruling elite there just should not just focus, however, on try- body and to our State. I will have a turned their back on this opportunity. ing to wipe out their opponents and chance to say more about that later Why? Because this administration did wipe out these fundamentalist move- this week. But in the course of doing not place any priority or value on the ments. They should focus on trying to that, he has presided over many sus- discussion of human rights or democ- create a democratic alternative so that pensions from the House Committee on racy when they met with the leaders of people in those countries once be at- International Relations. So we thank these countries. tracted to this type of fanaticism. him for his patience and his Well, there can be no peace without Even the people of Afghanistan are evenhandedness in that capacity and freedom and human rights. That is not attracted to the fanaticism of the the many hours he has spent in pre- what we are finding today. Because Taliban. The Taliban have an iron- siding over this body. what has happened now in Central Asia fisted control there and have steadily Mr. BURTON of Indiana. Mr. Speaker, I rise is there has been a new cycle of vio- refused to have democratic elections. in support of H. Con. Res. 397, a resolution lence that has been set on its way, a It is my sad, sad duty to, again, re- voicing concern about serious violations of cycle of violence that we do not know peat the charge on the floor of the human rights and fundamental freedoms in where it will stop. A cycle of violence House of Representatives, as I have on most states of Central Asia, including substan- in Uzbekistan and Turkmenistan and numerous occasions in the Committee tial con-compliance with their Organization for Tajikistan and, yes, in Azerbaijan as on International Relations, that this Security and Cooperation in Europe (OSCE) well where they have been unable to administration, not only has discarded commitments on democratization and the settle their problems there and which human rights and democracy as a pri- holding of free and fair elections. will probably reach Kazakhstan with ority but has a covert police of sup- I would like especially to draw the attention their corrupt government. porting one of the worst governments of my colleagues to the section of the resolu- What is that cycle of violence? What and oppressive governments in the tion dealing with Kazakhstan. This oil rich we have is people who are demoralized world; and I am talking about the country is riddled with corruption, and its dic- by the fact that there is no democratic Taliban regime in Afghanistan. tator, President Nursultan Nazarbayev, has alternative in these Central Asian re- I have tried to investigate this for become increasingly repressive and appears publics turning to radicalism. This years, and I have been repeatedly cut determined to leave no stone unturned in his year and at this time the face of radi- off by the State Department from re- quest to silence the press, eliminate the oppo- calism is Muslim extremism, the fun- ceiving the documents that would dis- sition parties, and plunder every dime of profit damentalist movement, what they call prove, and I would like to disprove this that the country has earned from its oil and it in that part of the world. charge, because it is a shame for any mineral wealth. Well, of course, decent, honest, peo- American to think that our govern- Mr. Nazarbayev is reportedly the eighth rich- ple will turn to these radical alter- ment would be supporting this regime. est person in the world; yet more than one- natives if they are given no alternative But I can testify here today that, third of the population of Kazakhstan are at the ballot box, if their friends and every time the opposition to the below the poverty line as defined by the World relatives or their sons and daughters Taliban has had a chance of dislodging Bank. The German-based organization, Trans- are arrested and brutally tortured for the Taliban from power in Afghanistan, parency International, recently surveyed cor- simply complaining about the govern- this administration has run to their ruption in 96 countries and rated Kazakhstan ment. Of course, Islamic fundamental- rescue time and time again. as the 12th most corrupt country in that group. ists are going to find that their ranks Now, people do not know, even in Moreover, the U.S. Department of Justice re- are bolstered with volunteers when this body, do not know the details, cently launched an investigation into bribes al- they have governments like this. much less the American people. But legedly paid by U.S. oil companies to Presi- On top of that, there is one other fac- those are the facts, and I can verify dent Nazarbayev and his cronies. tor that needs to be looked at about that over and over again. But even worse than the corruption is the what is creating the cycle of violence We must have a policy that cham- attempt by Nazarbayev to snuff out every ves- which will lead to such turmoil. That pions human rights and democracy in tige of democracy and freedom of expression is what? American policy towards Af- Afghanistan and Central Asia. This is in Kazakhstan. In January 1999, he called a ghanistan. what will bring peace to the world. snap presidential election and ensured his This Member, and anyone who is in Otherwise, there will be conflict, there own re-election by having his main opponent, the Committee on International Rela- will be bloodshed, there will be tyr- former Prime Minister Akezhan Kazhegeldin, tions will testify, for years I have been anny. It is a result of a lack of commit- disqualified and driven into exile. Both this warning what the results of this ad- ment here on our part in the United election and the parliamentary elections that ministration’s policy towards Afghani- States to the ideals that our Founding followed in October 1999 were denounced as stan would be. Years, I predicted over Fathers thought we would support. unfair by the OSCE. To make sure that these and over again that, unless we did So today I support H. Con. Res. 347 and other anti-democratic actions are not criti- something in Afghanistan to change because it states very clearly that we cized, the Nazarbayev regime has virtually si- the situation, that we would end up in Congress believe that the ideals of lenced the independent media by intimidation, with Afghanistan as a center of, num- democracy and human rights should be arrests and seizure of presses. ber one, terrorism, a base for terrorism brought to bear in Central Asia, includ- In an effort to reverse the repressive trend for the Central Asia but also for the ing Afghanistan, but especially the in Kazakhstan, H. Con. Res. 397 calls upon world; that it would be repressive and Central Asian republics, and that that the government of Kazakhstan and other gov- have one of the most repressive and fa- should be the policy of the United ernments in Central Asia to engage in a seri- natic regimes and anti-Western re- States Government. ous and comprehensive ‘‘national dialogue’’ gimes on the planet; and, number Mr. BEREUTER. Mr. Speaker, I yield with opposition and independent forces, ‘‘on three, it would be the center for the myself such time as I may consume. an equal footing, on institutionalizing meas- growth of heroin and that it would put Mr. Speaker, I thank the gentleman ures to hold free and fair elections,’’ Last De- all of the resources that, the billions of from California (Mr. ROHRABACHER) for cember, former Prime Minister Kazhedgeldin dollars one receives from the growth of his eloquent statement. I do urge sup- of Kazakhstan proposed a detailed vision of one-third of the world’s heroin in the port, again, for H. Con. Res. 397. what a ‘‘national dialogue’’ should entail, and hands of these religious fanatics. That As I close my comments, I want to its serves as a model for all of Central Asia. is exactly what has happened. recognize the gentleman from Ne- Mr. Speaker, I strongly support H. Con. Yes, it is heroin money in the hands braska (Mr. BARRETT), who is pre- Res. 397 and urge its adoption. The resolution of the Taliban leaders that are fanning siding, who has been presiding over so forthrightly exposes the trends of increasing this, the flame of discontent and vio- many sessions and Suspension Cal- repression in Central Asia and proposes a so- lence in Central Asia that takes advan- endars over the years. He has given 10 lution in the form of a genuine ‘‘national dia- tage of the dictatorships. The dictators years of distinguished service to this logue’’ between the governments of the region

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25561 and the opposition political parties and inde- Congress assembled, That the Congress of the This resolution recognizes the ac- pendent organizations that speak for the peo- United States acknowledges and salutes the complishments and the contributions ples of Central Asia. This is a wonderful mes- ongoing generosity, loyalty, and significant of the commemorative coin community role that coin collectors have played in sup- and gives them the recognition that sage of hope and support for this House to porting our Nation’s meritorious charitable send as it winds up its work in the 106th Con- organizations, foundations, institutions, and they deserve. gress. programs, including the United States Cap- Mr. Speaker, I reserve the balance of Mr. BEREUTER. Mr. Speaker, I yield itol, the Library of Congress, and the United my time. back the balance of my time. States Botanic Gardens. Mr. BENTSEN. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. myself such time as I may consume. Mr. Speaker, I rise today in support BARRETT of Nebraska). The question is BARRETT of Nebraska). Pursuant to the of S. Con. Res. 154. Over the last few on the motion offered by the gen- rule, the gentleman from Alabama (Mr. years, Congress has passed bipartisan tleman from Nebraska (Mr. BEREUTER) BACHUS) and the gentleman from Texas legislation to mint several commemo- that the House suspend the rules and (Mr. BENTSEN) each will control 20 min- rative coins, the proceeds of which agree to the concurrent resolution, H. utes. have gone to a number of important or- Con. Res. 397, as amended. The Chair recognizes the gentleman ganizations and projects that benefit The question was taken. from Alabama (Mr. BACHUS) The SPEAKER pro tempore. In the communities across America. GENERAL LEAVE opinion of the Chair, two-thirds have Commemorative coins, which are Mr. BACHUS. Mr. Speaker, I ask available directly from the United voted in the affirmative. unanimous consent that all Members Mr. SMITH of New Jersey. Mr. States Mint, are generally approved by may have 5 legislative days within Speaker, on that I demand the yeas members of the Citizens Commemora- which to revise and extend their re- and nays. tive Coin Advisory Committee. This marks and include extraneous material The yeas and nays were ordered. committee was established by the The SPEAKER pro tempore. Pursu- concerning Senate Concurrent Resolu- 102nd Congress for the purpose of rec- ant to clause 8 of rule XX and the tion 154. ommending, with input from the public The SPEAKER pro tempore. Is there Chair’s prior announcement, further and coin collectors, the events, persons objection to the request of the gen- proceedings on this motion will be or places that are appropriate for com- tleman from Alabama? postponed. memoration through congressionally There was no objection. f mandated coins. Commemorative coins Mr. BACHUS. Mr. Speaker, I yield typically celebrate and honor people, b 1515 myself such time as I may consume. places, events, and institutions. The resolution before us today, Mr. It is fitting for Congress to honor the ACKNOWLEDGING AND SALUTING Speaker, recognizes one of the truly CONTRIBUTIONS OF COIN COL- Nation’s coin collectors, because it is unsung contributions made in this largely they who purchase commemo- LECTORS country, that of thousands of coin col- Mr. BACHUS. Mr. Speaker, I move to rative coins. By doing so, coin collec- lectors who buy commemorative coins tors ensure our national heritage, as suspend the rules and concur in the issued by the United States Mint. Sen- Senate concurrent resolution (S. Con. reflected in our coins, is preserved and ator LOTT introduced this resolution in valued by our citizens. In addition, Res. 154) to acknowledge and salute the the Senate, and it was passed on the contributions of coin collectors. funds raised from commemorative coin Senate floor last week on October 23. surcharges have funded important The Clerk read as follows: This resolution acknowledges and sa- projects that are near and dear to S. CON. RES. 154 lutes the ongoing generosity, loyalty, every Member that serves and has and significant role that coin collec- Whereas in 1982, after a period of 28 years, served in this institution. These in- the Congress of the United States resumed tors have played in supporting our Na- clude restoration of the Statue of Free- the United States commemorative coin pro- tion’s charitable organizations, founda- dom on top of our Capitol Dome, the grams; tions, institutions, and programs. Library of Congress’s bicentennial pro- Whereas since 1982, 37 of the Nation’s wor- While coin collecting has been a hobby thy institutions, organizations, foundations, grams, the upcoming U.S. Capitol Vis- for many years, collecting commemo- and programs have been commemorated itor Center, and many others. under the coin programs; rative coins is a little different. The In short, Mr. Speaker, these com- Whereas since 1982, the Nation’s coin col- coins are issued in a limited quantity, memorative coins pay for themselves lectors have purchased nearly 49,000,000 com- and they have surcharges that make and, in the process, pay for important memorative coins that have yielded nearly the cost much more than the face value projects that would otherwise be fund- $1,800,000,000 in revenue and more than of the coins. ed with taxpayers’ money. We there- $407,000,000 in surcharges benefitting a vari- The coin community has been very fore thank our Nation’s coin collectors ety of deserving causes; supportive and generous in buying through this resolution and honor their Whereas the United States Capitol has ben- commemorative coins during the last efitted from the commemorative coin sur- devotion to their hobby, one that cer- 20 years, a period of significant change charges that have supported such commend- tainly benefits all Americans. able projects as the restoration of the Statue for the commemorative coin program. Mr. Speaker, I strongly support this of Freedom atop the Capitol dome, the fur- Since 1982, when Congress resumed the resolution and urge its immediate pas- therance of the development of the United commemorative coin program, which sage. States Capitol Visitor Center, and the was after a 28-year break, 37 commemo- Mr. Speaker, I reserve the balance of planned National Garden at the United rative coins have been authorized. States Botanic Gardens on the Capitol my time. In addition to the honor given to the Mr. BACHUS. Mr. Speaker, I have no grounds; recipients and the educational value of Whereas surcharges from the year 2000 coin further requests for time, and I yield program commemorating the Library of these coins, they have also raised more back the balance of my time. Congress bicentennial benefit the Library of than $400 million for a variety of chari- Mr. BENTSEN. Mr. Speaker, I have Congress bicentennial programs, educational table organizations and other worthy no further requests for time, and I outreach activities (including schools and li- causes. That is $407 million to be exact. yield back the balance of my time. braries), and other activities of the Library Our Nation’s coin collectors and coin The SPEAKER pro tempore. The of Congress; and dealers have been essential to the suc- question is on the motion offered by Whereas the United States Capitol Visitor cess of these programs. They have pur- the gentleman from Alabama (Mr. Center commemorative coin program will chased nearly 49 million commemora- BACHUS) that the House suspend the commence in January 2001, with the sur- charges designated to further benefit the tive coins, which has yielded $1.8 bil- rules and concur in the Senate concur- Capitol Visitor Center: Now, therefore, be it lion in revenue and, as I mentioned, rent resolution, S. Con. Res. 154. Resolved by the Senate and House of Rep- $407 million in contributions to very The question was taken; and (two- resentatives of the United States of America in deserving causes. thirds having voted in favor thereof)

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25562 CONGRESSIONAL RECORD—HOUSE October 30, 2000 the rules were suspended and the Sen- Whereas individuals who sign the Bir- Mr. SCOTT. Mr. Speaker, I yield my- ate concurrent resolution was con- mingham Pledge give evidence of their commit- self such time as I may consume. curred in. ment to its message; Mr. Speaker, the Birmingham Pledge A motion to reconsider was laid on Whereas more than 70,000 people have signed recognizes the role that each of us can the Birmingham Pledge, including the Presi- play in advancing the cause of racial the table. dent, Members of Congress, Governors, State f legislators, mayors, county commissioners, city harmony and tolerance in our society. Birmingham occupies an important RECOGNITION OF THE council members, and other persons around the world; place in the history of civil rights in BIRMINGHAM PLEDGE Whereas the Birmingham Pledge has achieved America. At one time, when we Mr. BACHUS. Mr. Speaker, I move to national and international recognition; thought of Birmingham, what came to suspend the rules and concur in the Whereas efforts to obtain signatories to the mind were police dogs, fire hoses, ra- Senate amendments to the joint reso- Birmingham Pledge are being organized and cial strife, and Dr. Martin Luther lution (House Joint Resolution 102) rec- conducted in communities around the world; King’s letter from a Birmingham jail. ognizing that the Birmingham Pledge Whereas every Birmingham Pledge signed and Given the history of Birmingham and returned to Birmingham is recorded at the Bir- the great strides made by that commu- has made a significant contribution in mingham Civil Rights Institute, Birmingham, fostering racial harmony and reconcili- Alabama, as a permanent testament to racial nity since the outburst of racial vio- ation in the United States and around reconciliation, peace, and harmony; and lence in the 1960s, it is all together ap- the world, and for other purposes. Whereas the Birmingham Pledge, the motto propriate that this Congress acknowl- The Clerk read as follows: for which is ‘‘Sign It, Live It’’, is a powerful edge the contributions of those who Senate amendments: tool for facilitating dialogue on the Nation’s di- have played a role in creating and pro- Strike out all after the resolving clause versity and the need for people to take personal moting the Pledge. The Birmingham and insert: steps to achieve racial harmony and tolerance Pledge was authored by Birmingham That— in communities: Now, therefore, be it attorney James Rotch and has been (1) Congress recognizes that the Birmingham The SPEAKER pro tempore. Pursu- promoted by a cross-section of the Bir- Pledge is a significant contribution toward fos- ant to the rule, the gentleman from mingham community. tering racial harmony and reconciliation in the Alabama (Mr. BACHUS) and the gen- I would like to particularly take note United States and around the world; tleman from Virginia (Mr. SCOTT) each of the leadership played by the gen- (2) Congress commends the creators, pro- moters, and signatories of the Birmingham will control 20 minutes. tleman from Alabama (Mr. BACHUS) Pledge for the steps they are taking to make the The Chair recognizes the gentleman and the gentleman from Alabama (Mr. United States and the world a better place for from Alabama (Mr. BACHUS). HILLIARD), who introduced the measure all people; and GENERAL LEAVE in the House and helped shepherd its (3) it is the sense of Congress that a particular Mr. BACHUS. Mr. Speaker, I ask passage. week should be designated as ‘‘National Bir- unanimous consent that all Members To date, I understand that more than mingham Pledge Week’’. 70,000 individuals have taken the Bir- Strike out the preamble and insert: may have 5 legislative days within which to revise and extend their re- mingham Pledge, including the Presi- Whereas Birmingham, Alabama, was the scene dent, First Lady, and numerous elected of racial strife in the United States in the 1950s marks and include extraneous material and 1960s; on House Joint Resolution 102. officials and civil rights leaders. It is Whereas since the 1960s, the people of Bir- The SPEAKER pro tempore. Is there through small steps like these that we mingham have made substantial progress to- objection to the request of the gen- can combat discrimination and in- ward racial equality, which has improved the tleman from Alabama? crease racial tolerance. I commend the citizens of Bir- quality of life for all its citizens and led to eco- There was no objection. nomic prosperity; mingham who have crafted the Bir- Mr. BACHUS. Mr. Speaker, I yield Whereas out of the crucible of Birmingham’s mingham Pledge to create more posi- myself such time as I may consume. role in the civil rights movement of the 1950s and tive associations with Birmingham and Mr. Speaker, on June 14, my col- 1960s, a present-day grassroots movement has civil rights, and I urge my colleagues arisen to continue the effort to eliminate racial league, the gentleman from Alabama to accept the Senate amendments. and ethnic divisions in the United States and (Mr. HILLIARD), and I introduced the Mr. Speaker, I have no further re- around the world; National Birmingham Pledge Resolu- Whereas that grassroots movement has found quests for time, and I yield back the tion. The resolution has over 100 co- balance of my time. expression in the Birmingham Pledge, which sponsors, a bipartisan group, and it was authored by Birmingham attorney James E. Mr. BACHUS. Mr. Speaker, I yield Rotch, is sponsored by the Community Affairs passed the House on quite an over- myself such time as I may consume. Committee of Operation New Birmingham, and whelming vote on September 12. It In considering this resolution, we is promoted by a broad cross section of the com- went over to the Senate; the Senate should all keep in mind one thing, and munity of Birmingham; made one small change in the wording that is that we are not born with preju- Whereas the Birmingham Pledge reads as fol- and passed it last week. dice or bigotry. These are things that lows: The resolution recognizes that per- are learned. In fact, psychologists call ‘‘I believe that every person has worth as an sonal efforts to address racism will it learned behavior. By word or by ac- individual. ‘‘I believe that every person is entitled to dig- contribute significantly in fostering ra- tion we teach our children daily. We nity and respect, regardless of race or color. cial harmony. Individuals can, by their teach them to either be tolerant or to ‘‘I believe that every thought and every act of actions, make a difference. Anyone be intolerant; to have prejudices and racial prejudice is harmful; if it is in my thought who has seen the new movie, ‘‘Pay It biases against other people because of or act, then it is harmful to me as well as to oth- Forward,’’ knows that one person, by their race, their origin, or not to be. ers. their efforts, can make a difference in We teach them these things many ‘‘Therefore, from this day forward I will strive the world. times, even before they are old enough daily to eliminate racial prejudice from my thoughts and actions. The resolution additionally recog- to choose for themselves. We can teach ‘‘I will discourage racial prejudice by others nizes that the Birmingham Pledge is our children to love, or we can teach at every opportunity. making a significant contribution in our children to hate. Intolerance is ‘‘I will treat all people with dignity and re- fostering racial harmony. It commends learned; therefore it can be unlearned. spect; and I will strive to honor this pledge, those involved in the creation of the The Pledge can be a part of that knowing that the world will be a better place be- Pledge, including Jim Rotch, who au- process. This is the message we want to cause of my effort.’’; thored the Pledge, and those who have send Americans today about race rela- Whereas commitment and adherence to the signed it. It expresses the sense of Con- tions. Each of us needs to take per- Birmingham Pledge increases racial harmony by helping individuals communicate in a positive gress that a National Birmingham sonal responsibility to conduct our- way concerning the diversity of the people of Pledge week should be established. selves in a way that will achieve great- the United States and by encouraging people to Mr. Speaker, I reserve the balance of er racial harmony in our own commu- make a commitment to racial harmony; my time. nities.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25563 It has been said that events in Bir- pledge, knowing that the world will be a bet- (12) The Administration on Aging was mingham during the early 1960s, and ter place because of my effort. formed, in part, to provide senior citizens my colleague from Virginia referred to Mr. BACHUS. Mr. Speaker, I have no with the resources, information, and assist- some of those, stirred the conscience of further requests for time, and I yield ance their special circumstances require. (13) The Administration on Aging has a the Nation and influenced the course of back the balance of my time. The SPEAKER pro tempore. The system in place to inform senior citizens of civil rights in the world. I know of no the dangers of telemarketing fraud. other city that has worked harder to question is on the motion offered by (14) Senior citizens need to be warned of overcome its missteps and its mistakes the gentleman from Alabama (Mr. the dangers of telemarketing fraud before than my native city, Birmingham. BACHUS) that the House suspend the they become victims of such fraud. My colleague, the gentleman from rules and concur in the Senate amend- SEC. 3. SENIOR FRAUD PREVENTION PROGRAM. Alabama (Mr. HILLIARD), when this res- ments to the joint resolution, House (a) AUTHORIZATION OF APPROPRIATIONS.— olution came up before, said that there Joint Resolution 102. There is authorized to be appropriated to the has been a real positive change in race The question was taken; and (two- Attorney General $1,000,000 for each of the fiscal years 2001 through 2005 for programs relations in Birmingham other the past thirds having voted in favor thereof) the rules were suspended and the Sen- for the National Association of TRIAD. 40 years. He and I are both natives of (b) COMPTROLLER GENERAL.—The Comp- Birmingham, and we are proud of the ate amendments were concurred in. troller General of the United States shall progress that our city has made. The A motion to reconsider was laid on submit to Congress a report on the effective- Birmingham that has emerged is one the table. ness of the TRIAD program 180 days prior to the expiration of the authorization under built on a foundation of racial sensi- f tivity and strength and diversity. To- this Act, including an analysis of TRIAD day’s Birmingham is dedicated not b 1530 programs and activities; identification of im- pediments to the establishment of TRIADS only to preserving the history of its PROTECTING SENIORS FROM across the Nation; and recommendations to struggle but, more importantly, to end- FRAUD ACT improve the effectiveness of the TRIAD pro- ing racial intolerance, bigotry, and Mr. BACHUS. Mr. Speaker, I move to gram. prejudice, not only in Birmingham but suspend the rules and pass the Senate SEC. 4. DISSEMINATION OF INFORMATION. around the world. That is why this ef- (a) IN GENERAL.—The Secretary of Health bill (S. 3164) to protect seniors from fort is being made by Birmingham and Human Services, acting through the As- fraud. civic groups and educational groups. sistant Secretary of Health and Human Serv- The Clerk read as follows: Mr. Speaker, by passing House Reso- ices for Aging, shall provide to the Attorney lution 102, the House will again be S. 3164 General of each State and publicly dissemi- Be it enacted by the Senate and House of Rep- nate in each State, including dissemination showing its support for their commend- to area agencies on aging, information de- able effort. resentatives of the United States of America in Congress assembled, signed to educate senior citizens and raise Mr. Speaker, I thank the gentleman awareness about the dangers of fraud, includ- from Virginia (Mr. SCOTT) for his sup- SECTION 1. SHORT TITLE. ing telemarketing and sweepstakes fraud. port and his kind remarks. He has been This Act may be cited as the ‘‘Protecting (b) INFORMATION.—In carrying out sub- Seniors From Fraud Act’’. a sponsor of this bill since the very be- section (a), the Secretary shall— ginning. In closing, I urge all my col- SEC. 2. FINDINGS. (1) inform senior citizens of the prevalence Congress makes the following findings: leagues to support this worthy resolu- of telemarketing and sweepstakes fraud tar- (1) Older Americans are among the most geted against them; tion. rapidly growing segments of our society. (2) inform senior citizens how tele- Mr. HILLIARD. Mr. Speaker, I am joining (2) Our Nation’s elderly are too frequently marketing and sweepstakes fraud work; with SPENCER BACHUS in presenting this Reso- the victims of violent crime, property crime, (3) inform senior citizens how to identify lution taking the Birmingham Pledge nation- and consumer and telemarketing fraud. telemarketing and sweepstakes fraud; wide. (3) The elderly are often targeted and re- (4) inform senior citizens how to protect I was blessed to be a footsoldier in the civil targeted in a range of fraudulent schemes. themselves against telemarketing and rights movement, the greatest freedom strug- (4) The TRIAD program, originally spon- sweepstakes fraud, including an explanation gle of our times, and it has shaped my life and sored by the National Sheriffs’ Association, of the dangers of providing bank account, International Association of Chiefs of Police, credit card, or other financial or personal in- my public service. and the American Association of Retired formation over the telephone to unsolicited Racism is the cancer that has eaten at the Persons unites sheriffs, police chiefs, senior callers; heart of this nation since before it was found- volunteers, elder care providers, families, (5) inform senior citizens how to report ed, and has defined much of our history. and seniors to reduce the criminal victimiza- suspected attempts at or acts of fraud; Birmingham, and the State of Alabama, tion of the elderly. (6) inform senior citizens of their consumer which are my home city and state, have been (5) Congress should continue to support protection rights under Federal law; and in the past among the most guilty of this mon- TRIAD and similar community partnerships (7) provide such other information as the strous crime, and Birmingham is now among that improve the safety and quality of life Secretary considers necessary to protect sen- the most progressive in combating it. for millions of senior citizens. ior citizens against fraudulent tele- (6) There are few other community-based This pledge, written by the people of Bir- marketing and sweepstakes promotions. efforts that forge partnerships to coordinate (c) MEANS OF DISSEMINATION.—The Sec- mingham, should be taken to heart by every criminal justice and social service resources retary shall determine the means to dissemi- American. to improve the safety and security of the el- nate information under this section. In mak- Let every American sign it; let every Amer- derly. ing such determination, the Secretary shall ican live by it. (7) According to the National Consumers consider— THE BIRMINGHAM PLEDGE League, telemarketing fraud costs con- (1) public service announcements; I believe that a person has worth as an in- sumers nearly $40,000,000,000 each year. (2) a printed manual or pamphlet; dividual. (8) Senior citizens are often the target of (3) an Internet website; I believe that every person is entitled to telemarketing fraud. (4) direct mailings; and dignity and respect, regardless of race or (9) Fraudulent telemarketers compile the (5) telephone outreach to individuals whose color. names of consumers who are potentially vul- names appear on so-called ‘‘mooch lists’’ I believe that every thought and every act nerable to telemarketing fraud into the so- confiscated from fraudulent marketers. of racial prejudice is harmful; if it is my called ‘‘mooch lists’’. (d) PRIORITY.—In disseminating informa- thought or act, then it is harmful to me as (10) It is estimated that 56 percent of the tion under this section, the Secretary shall well as to others. names on such ‘‘mooch lists’’ are individuals give priority to areas with high incidents of Therefore, from this day forward I will age 50 or older. fraud against senior citizens. strive daily to eliminate racial prejudice (11) The Federal Bureau of Investigation SEC. 5. STUDY OF CRIMES AGAINST SENIORS. from my thoughts and actions. and the Federal Trade Commission have pro- (a) IN GENERAL.—The Attorney General I will discourage racial prejudice by others vided resources to assist private-sector orga- shall conduct a study relating to crimes at every opportunity. nizations to operate outreach programs to against seniors, in order to assist in devel- I will treat all people with dignity and re- warn senior citizens whose names appear on oping new strategies to prevent and other- spect; and I will strive daily to honor this confiscated ‘‘mooch lists’’. wise reduce the incidence of those crimes.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25564 CONGRESSIONAL RECORD—HOUSE October 30, 2000 (b) ISSUES ADDRESSED.—The study con- The bill will provide funding to local lation, they incur about 37 percent of ducted under this section shall include an programs that are a part of the Na- the $40 billion loss. analysis of— tional Association of TRIADs, a com- Despite considerable efforts to ad- (1) the nature and type of crimes per- munity policing program that partners dress these issues in recent years, petrated against seniors, with special focus on— law enforcement agencies with senior many seniors are still not aware of (A) the most common types of crimes that citizen volunteers to help reduce fraud these problems and of their rights and affect seniors; and other crime especially against the protections against them. According to (B) the nature and extent of tele- elderly. There are 725 countries with the AARP, Americans over 65 are the marketing, sweepstakes, and repair fraud TRIADs nationwide which help more least likely to know about Federal pro- against seniors; and than 16 million of our seniors. tections from fraud. (C) the nature and extent of financial and Mr. Speaker, American seniors are Adopting this bill will allow us to material fraud targeted at seniors; disproportionately victims of tele- continue the partnerships and coopera- (2) the risk factors associated with seniors who have been victimized; marketing and sweepstakes fraud. tive efforts with seniors and with State (3) the manner in which the Federal and Even though Americans over the age of and local governments to prevent and State criminal justice systems respond to 50 account for only 27 percent of the address senior fraud. crimes against seniors; United States population, they com- I want to thank the gentleman from (4) the feasibility of States establishing prise 56 percent of the so-called Alabama (Mr. BACHUS) for his leader- and maintaining a centralized computer ‘‘mooch lists’’ used by fraudulent tele- ship on this bill. I urge my colleagues database on the incidence of crimes against marketers. Unfortunately, fraudulent to support the bill. seniors that will promote the uniform identi- telemarketers prey upon trusting sen- Mr. Speaker, I yield back the balance fication and reporting of such crimes; of my time. (5) the effectiveness of damage awards in iors who by their nature are often court actions and other means by which sen- trusting and compassionate individ- Mr. BACHUS. Mr. Speaker, I yield iors receive reimbursement and other dam- uals. myself such time as I may consume. ages after fraud has been established; and As a result, seniors in our country Mr. Speaker, the crimes that the gen- (6) other effective ways to prevent or re- lose approximately $14.8 billion, that is tleman from Virginia (Mr. SCOTT) duce the occurrence of crimes against sen- almost $15 billion, every year to fraud- spoke about, these crimes which cost iors. ulent telemarketers. our elderly citizens $15 billion a year, SEC. 6. INCLUSION OF SENIORS IN NATIONAL Mr. Speaker, I reserve the balance of many of them can be prevented if sen- CRIME VICTIMIZATION SURVEY. iors are educated about their consumer Beginning not later than 2 years after the my time. date of enactment of this Act, as part of each Mr. SCOTT. Mr. Speaker, I yield my- rights and if they are informed about National Crime Victimization Survey, the self such time as I may consume. methods available to them to confirm Attorney General shall include statistics re- Mr. Speaker, I rise in support of S. the legitimacy of an investment or lating to— 3164, the Protecting Seniors From product offered to them over the tele- (1) crimes targeting or disproportionately Fraud Act. I would have preferred to phone. affecting seniors; have seen the bill developed through According to a national survey, 70 (2) crime risk factors for seniors, including the normal legislative process of hear- percent of older fraud victims say it is the times and locations at which crimes vic- ings and markups at the committee difficult for them to identify when timizing seniors are most likely to occur; and level so that we could have judged fraud is happening. Forty percent of (3) specific characteristics of the victims of more fully the need that we are seek- older Americans say that they have crimes who are seniors, including age, gen- ing to address. However, I am prepared difficulty distinguishing between a le- der, race or ethnicity, and socioeconomic to support the bill since its primary gitimate and a fraudulent tele- status. function is to reauthorize funding for marketing sales call. SEC. 7. STATE AND LOCAL GOVERNMENT OUT- the TRIAD program, a proven commu- There is definitely a need to educate REACH. nity policing program that partners seniors about the dangers of fraud and It is the sense of Congress that State and how to avoid becoming a victim of local governments should fully incorporate law enforcement agencies with senior fraud avoidance information and programs volunteers to reduce crime and fraud fraud, and that is what this legislation into programs that provide assistance to the amongst the elderly. The TRIAD pro- attempts to do. It addresses this prob- aging. gram operates in 47 States and 725 lem by authorizing a million dollars The SPEAKER pro tempore (Mr. counties and assists over 16 million each year for 5 years to ensure the con- BARRETT of Nebraska). Pursuant to the seniors nationwide. tinuation of programs which try to rule, the gentleman from Alabama (Mr. The bill also creates a clearinghouse educate seniors. BACHUS) and the gentleman from Vir- for information to educate seniors The bill also requires the Secretary ginia (Mr. SCOTT) each will control 20 about the dangers of fraud, including of Health and Human Services to dis- minutes. telemarketing and sweepstakes fraud. seminate information to seniors on The Chair recognizes the gentleman It requires the U.S. Attorney General fraud prevention through the area from Alabama (Mr. BACHUS). to conduct a study of crimes against agencies on aging and other existing GENERAL LEAVE seniors. senior-focused programs. Mr. BACHUS. Mr. Speaker, I ask The bill requires the inclusion of sen- The bill continues a provision which unanimous consent that all Members iors in the National Crime Victims would require the statistics concerning may have 5 legislative days within Survey, and it encourages State and crime committed against seniors be in- which to revise and extend their re- local governments to fully incorporate cluded in the Annual Crime Victims marks and to include extraneous mate- fraud avoidance information in their Survey performed by the Department rial on S. 3164. aging services programs. of Justice and would also require the The SPEAKER pro tempore. Is there Seniors are often the target of tele- Attorney General to conduct a specific objection to the request of the gen- marketing and sweepstakes fraud. study of crimes committed against sen- tleman from Alabama? There are over 140,000 telemarketing iors. There was no objection. firms operating in the United States. In conclusion, let me say that pro- Mr. BACHUS. Mr. Speaker, I yield The AARP estimates that about 10 per- tecting seniors from fraud is of great myself such time as I may consume. cent of them, fully 14,000 firms, use importance to all of us. Our senior pop- Mr. Speaker, this is Senate bill 3164, fraudulent practices. ulation continues to grow as our popu- titled ‘‘Protecting Seniors From Fraud The FBI estimates that consumers lation ages and more seniors are saving Act.’’ It was introduced by Senators lose about $40 billion a year to tele- money for their retirement, and any- EVAN BAYH and ROD GRAMS and passed marketing fraud. The AARP estimates thing this body can do to help them the other body unanimously on Octo- that while seniors make up about 27 protect their retirement income and ber 25. percent of the United States popu- retirement money is important.

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Our seniors deserve to know about trict of Columbia bill 13–796, the Child from Texas (Mr. DELAY) has a strong those who would defraud them, and in Need of Protection Amendment Act personal interest in helping and pro- this program will help inform them of of 2000, a critical bill which will have a tecting abused and neglected children various schemes and devices used to de- direct impact on the D.C. Child and in the child welfare system. His leader- fraud them. It has the strong support Family Services Agency and the chil- ship has helped the City obtain the of the law enforcement community, bi- dren in its care. necessary resources to make informed partisan support. Ordinarily, the congressional review decisions about the organizational re- I urge all my colleagues to support period is required under the D.C. Home forms needed at CFSA in order to com- this bipartisan legislation. Rule Act before any D.C. legislation ply with the court orders and return Mr. Speaker, I have no further re- can be enacted. However, due to the the agency to the District Government. quests for time, and I yield back the CFSA crisis, it is imperative that H.R. I also want to thank my colleague, balance of my time. 5537 pass in order to protect the Child the gentlewoman from the District of The SPEAKER pro tempore. The in Need of Protection Amendment Act Columbia (Ms. NORTON), for her leader- question is on the motion offered by of 2000 to take effect on the day it is ship and support as we have examined the gentleman from Alabama (Mr. enacted by the City or on the day that the progress of this agency as well as BACHUS) that the House suspend the H.R. 5537 is enacted, whichever is later. the other D.C. agencies under receiver- rules and pass the Senate bill, S. 3164. CFSA has languished in receivership ship. The question was taken; and (two- for 5 years. Even under direction of its With the District’s most vulnerable thirds having voted in favor thereof) second court-appointed receiver, CFSA and underrepresented voices in dire the rules were suspended and the Sen- has continued to demonstrate extreme need of our assistance, we must let ate bill was passed. deficiencies in the delivery of expected them know that help is on the way by A motion to reconsider was laid on service. In fact, one child, Brianna working together to institute the best the table. Blackmond, died when she was re- course of action needed to correct turned to her neglectful mother. This f CFSA’s systematic inadequacies. was a tragic death which may have Therefore, I urge all of my colleagues WAIVING CONGRESSIONAL REVIEW been avoided if CFSA had provided the to join me in support of H.R. 5537. OF CHILD IN NEED OF PROTEC- court with all of the relevant informa- Mr. Speaker, I reserve the balance of TION AMENDMENT ACT OF 2000 tion regarding Brianna’s home environ- my time. Mr. DAVIS of Virginia. Mr. Speaker, ment. Mr. CUMMINGS. Mr. Speaker, I yield I move to suspend the rules and pass As a result, this year the Sub- myself such time as I may consume. the bill (H.R. 5537) to waive the period committee on the District of Columbia Mr. Speaker, I rise today in support of congressional review of the Child in held two hearings regarding this re- of H.R. 5537, a bill to waive the period Need of Protection Amendment Act of ceivership. We heard promises about of congressional review of the Child in 2000. CFSA’s court appointed reform efforts, Need of Protection Amendment Act of The Clerk read as follows: which are required so that the agency 2000. This noncontroversial legislation H.R. 5537 can function efficiently and return to is necessary to ensure the District of the District of Columbia Government. Columbia’s swift compliance with the Be it enacted by the Senate and House of Rep- Unfortunately, the operational resentatives of the United States of America in consent order to return the Child and Congress assembled, breakdowns at CFSA have continued Family Services Agency now in receiv- SECTION 1. WAIVER OF CONGRESSIONAL REVIEW and the receivership has not delivered ership to the District Government. PERIOD. on their promises. The District of Columbia Home Rule Notwithstanding section 602(c)(1) of the At our second hearing, in September, Act requires that all civil legislation District of Columbia Home Rule Act (sec. 1– the subcommittee called on all parties passed by the Council and signed by 233(c)(1), D.C. Code), the Child in Need of involved in this situation: CFSA, the the Mayor undergo congressional re- Protection Amendment Act of 2000 (D.C. Bill plaintiffs, the court system, and the view for 30 legislative days before tak- 13–796) shall take effect on the date of the en- District Government to come together ing effect. H.R. 5537 merely waives this actment of such Act or the date of the enact- to create and implement an emergency ment of this Act, whichever is later. requirement for legislation that will be plan to reform CFSA and the receiver- passed shortly by the D.C. City Council The SPEAKER pro tempore. Pursu- ship. The City’s legislation will accom- to restructure the District’s Child and ant to the rule, the gentleman from plish just that. Family Services Agency. Virginia (Mr. DAVIS) and the gen- The Child in Need of Protection Earlier this year an infant, Brianna tleman from Maryland (Mr. CUMMINGS) Amendment Act of 2000 will reorganize Blackmond, was found dead after being each will control 20 minutes. CFSA as a separate and distinct agency returned to her mother’s care. The de- The Chair recognizes the gentleman with personnel authority. The legisla- cision to return Brianna to her mother from Virginia (Mr. DAVIS). tion ends the bifurcation of the abuse was criticized because her mother had GENERAL LEAVE and neglect system to provide better previously been found in neglect of Mr. DAVIS of Virginia. Mr. Speaker, care and protection for the children. It Brianna and her seven siblings. I ask unanimous consent that all Mem- also includes provisions to limit the bers may have 5 legislative days within amount of time that a child is required b 1545 which to revise and extend their re- to spend in foster care, to provide fi- The tragic death of baby Brianna marks on H.R. 5537. nancial support for neighborhood-based prompted the Subcommittee on the The SPEAKER pro tempore. Is there family support services to at-risk fami- District of Columbia to hold two hear- objection to the request of the gen- lies, to amend the confidentiality pro- ings examining the District’s Child and tleman from Virginia? visions to allow foster and adoptive Family Services Agency and to pass There was no objection. parents greater access to information legislation, now on its way to the Mr. DAVIS of Virginia. Mr. Speaker, about the needs of a child, streamline President for his signature, requiring I yield myself such time as I may con- the court process, and provide more receiverships to adhere to best prac- sume. placement options for children who tices and cost controls. H.R. 5537 is a Mr. Speaker, I rise today in support cannot return home. continuation of congressional efforts to of H.R. 5537, a bill to waive the period I would like to thank the gentleman assist the District government in its of congressional review of the Child in from Texas (Mr. DELAY), the majority efforts to reform the District’s foster Need of Protection Amendment Act of whip, for his involvement and assist- care system. 2000. ance with the Child and Family Serv- The Child and Family Services Agen- The legislation will waive the 30-day ices Agency crisis in the District. As a cy has been under court receivership congressional review period for the Dis- foster parent himself, the gentleman since 1995 because of serious failings in

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25566 CONGRESSIONAL RECORD—HOUSE October 30, 2000 the delivery of child welfare services. (4) the National Park Service, the Associa- (C) 2 members shall be employees of the However, despite court control, fiscal tion for the Preservation of Virginia Antiq- National Park Service, of which— and management problems persist in uities, and the Jamestown-Yorktown Foun- (i) 1 shall be the Director of the National the agency, necessitating a return of dation of the Commonwealth of Virginia col- Park Service (or a designee); and lectively own and operate significant re- (ii) 1 shall be an employee of the National the agency to the control of the Dis- sources related to the early history of Park Service having experience relevant to trict government. The recent consent Jamestown; and the commemoration, to be appointed by the order returning the agency to the Dis- (5) in 1996— Secretary; and trict requires the city to pass legisla- (A) the Commonwealth of Virginia des- (D) 5 members shall be individuals that tion that restructures its processes for ignated the Jamestown-Yorktown Founda- have an interest in, support for, and exper- delivery of child welfare services. H.R. tion as the State agency responsible for tise appropriate to, the commemoration, to 5537 will ensure that the District’s leg- planning and implementing the Common- be appointed by the Secretary. islation will take effect upon passage wealth’s portion of the commemoration of (2) TERM; VACANCIES.— the 400th anniversary of the founding of the (A) TERM.—A member of the Commission without any congressional delay. Jamestown settlement; shall be appointed for the life of the Commis- H.R. 5537 has the support of the city’s (B) the Foundation created the Celebration sion. elected representation to this Con- 2007 Steering Committee, known as the (B) VACANCIES.— gress, the gentlewoman from the Dis- Jamestown 2007 Steering Committee; and (i) IN GENERAL.—A vacancy on the Commis- trict of Columbia (Ms. NORTON), and (C) planning for the commemoration sion shall be filled in the same manner in the District of Columbia government. I began. which the original appointment was made. urge its passage. (b) PURPOSE.—The purpose of this Act is to (ii) PARTIAL TERM.—A member appointed establish the Jamestown 400th Commemora- Mr. Speaker, I yield back the balance to fill a vacancy on the Commission shall tion Commission to— serve for the remainder of the term for which of my time. (1) ensure a suitable national observance of the predecessor of the member was ap- Mr. DAVIS of Virginia. Mr. Speaker, the Jamestown 2007 anniversary by comple- pointed. I urge adoption of this measure. menting the programs and activities of the (3) MEETINGS.— Mr. Speaker, I have no further re- State of Virginia; (A) IN GENERAL.—The Commission shall quests for time, and I yield back the (2) cooperate with and assist the programs meet— balance of my time. and activities of the State in observance of (i) at least twice each year; or The SPEAKER pro tempore (Mr. the Jamestown 2007 anniversary; (ii) at the call of the Chairperson or the (3) assist in ensuring that Jamestown 2007 majority of the members of the Commission. BARRETT of Nebraska). The question is observances provide an excellent visitor ex- (B) INITIAL MEETING.—Not later than 30 on the motion offered by the gen- perience and beneficial interaction between days after the date on which all members of tleman from Virginia (Mr. DAVIS) that visitors and the natural and cultural re- the Commission have been appointed, the the House suspend the rules and pass sources of the Jamestown sites; Commission shall hold the initial meeting of the bill, H.R. 5537. (4) assist in ensuring that the Jamestown the Commission. The question was taken; and (two- 2007 observances are inclusive and appro- (4) VOTING.— thirds having voted in favor thereof) priately recognize the experiences of all peo- (A) IN GENERAL.—The Commission shall act the rules were suspended and the bill ple present in 17th century Jamestown; only on an affirmative vote of a majority of (5) provide assistance to the development was passed. the members of the Commission. of Jamestown-related programs and activi- (B) QUORUM.—A majority of the Commis- A motion to reconsider was laid on ties; sion shall constitute a quorum. the table. (6) facilitate international involvement in (5) CHAIRPERSON.—The Secretary shall ap- f the Jamestown 2007 observances; point a Chairperson of the Commission, tak- (7) support and facilitate marketing efforts ing into consideration any recommendations JAMESTOWN 400TH COMMEMORA- for a commemorative coin, stamp, and re- of the Governor. TION COMMISSION ACT OF 2000 lated activities for the Jamestown 2007 ob- (c) DUTIES.— Mr. DAVIS of Virginia. Mr. Speaker, servances; and (1) IN GENERAL.—The Commission shall— (8) assist in the appropriate development of I move to suspend the rules and pass (A) plan, develop, and execute programs heritage tourism and economic benefits to and activities appropriate to commemorate the bill (H.R. 4907) to establish the the United States. the 400th anniversary of the founding of Jamestown 400th Commemoration SEC. 3. DEFINITIONS. Jamestown; Commission, and for other purposes. In this Act: (B) generally facilitate Jamestown-related The Clerk read as follows: (1) COMMEMORATION.—The term ‘‘com- activities throughout the United States; H.R. 4907 memoration’’ means the commemoration of (C) encourage civic, patriotic, historical, the 400th anniversary of the founding of the educational, religious, economic, and other Be it enacted by the Senate and House of Rep- Jamestown settlement. organizations throughout the United States resentatives of the United States of America in (2) COMMISSION.—The term ‘‘Commission’’ to organize and participate in anniversary Congress assembled, means the Jamestown 400th Commemoration activities to expand the understanding and SECTION 1. SHORT TITLE. Commission established by section 4(a). appreciation of the significance of the found- This Act may be cited as the ‘‘Jamestown (3) GOVERNOR.—The term ‘‘Governor’’ ing and early history of Jamestown; 400th Commemoration Commission Act of means the Governor of the State. (D) coordinate and facilitate for the public 2000’’. (4) SECRETARY.—The term ‘‘Secretary’’ scholarly research on, publication about, and SEC. 2. FINDINGS AND PURPOSE. means the Secretary of the Interior. interpretation of, Jamestown; and (a) FINDINGS.—Congress finds that— (5) STATE.— (E) ensure that the 400th anniversary of (1) the founding of the colony at James- (A) IN GENERAL.—The term ‘‘State’’ means Jamestown provides a lasting legacy and town, Virginia in 1607, the first permanent the State of Virginia. long-term public benefit by assisting in the English colony in the New World, and the (B) INCLUSIONS.—The term ‘‘State’’ in- development of appropriate programs and fa- capital of Virginia for 92 years, has major cludes agencies and entities of the State. cilities. significance in the history of the United SEC. 4. JAMESTOWN 400TH COMMEMORATION (2) PLANS; REPORTS.— States; COMMISSION. (A) STRATEGIC PLAN; ANNUAL PERFORMANCE (2) the settlement brought people from (a) IN GENERAL.—There is established a PLANS.—In accordance with the Government throughout the Atlantic Basin together to commission to be known as the ‘‘Jamestown Performance and Results Act of 1993 (Public form a multicultural society, including 400th Commemoration Commission’’. Law 103–62; 107 Stat. 285), the Commission English, other Europeans, Native Americans, (b) MEMBERSHIP.— shall prepare a strategic plan and annual and Africans; (1) IN GENERAL.—The Commission shall be performance plans for the activities of the (3) the economic, political, religious, and composed of 16 members, of whom— Commission carried out under this Act. social institutions that developed during the (A) 4 members shall be appointed by the (B) FINAL REPORT.—Not later than Sep- first 9 decades of the existence of Jamestown Secretary, taking into consideration the rec- tember 30, 2008, the Commission shall com- continue to have profound effects on the ommendations of the Chairperson of the plete a final report that contains— United States, particularly in English com- Jamestown 2007 Steering Committee; (i) a summary of the activities of the Com- mon law and language, cross cultural rela- (B) 4 members shall be appointed by the mission; tionships, and economic structure and sta- Secretary, taking into consideration the rec- (ii) a final accounting of funds received and tus; ommendations of the Governor; expended by the Commission; and

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25567 (iii) the findings and recommendations of level V of the Executive Schedule under sec- founding of Jamestown, the first per- the Commission. tion 5316 of title 5, United States Code. manent English settlement in America. (d) POWERS OF THE COMMISSION.—The Com- (4) DETAIL OF GOVERNMENT EMPLOYEES.— This legislation will establish a Fed- mission may— (A) FEDERAL EMPLOYEES.— eral commission to complement Vir- (1) accept donations and make dispersions (i) IN GENERAL.—On the request of the of money, personal services, and real and Commission, the head of any Federal agency ginia’s preparations for the upcoming personal property related to Jamestown and may detail, on a reimbursable or non-reim- anniversary and help make this a truly of the significance of Jamestown in the his- bursable basis, any of the personnel of the national event. tory of the United States; agency to the Commission to assist the Com- The late Herb Bateman originally in- (2) appoint such advisory committees as mission in carrying out the duties of the troduced H.R. 4907, the House com- the Commission determines to be necessary Commission under this Act. panion bill, with enthusiastic support to carry out this Act; (ii) CIVIL SERVICE STATUS.—The detail of an from the Virginia congressional delega- (3) authorize any member or employee of employee under clause (i) shall be without tion. The bill was of particular impor- the Commission to take any action that the interruption or loss of civil service status or Commission is authorized to take by this privilege. tance to Mr. Bateman because James- Act; (B) STATE EMPLOYEES.—The Commission town is located in Virginia’s First Con- (4) procure supplies, services, and property, may— gressional District which he rep- and make or enter into contracts, leases or (i) accept the services of personnel detailed resented or, as he preferred to call it, other legal agreements, to carry out this Act from States (including subdivisions of ‘‘America’s First District.’’ Passing (except that any contracts, leases or other States); and H.R. 4907 is a final opportunity for us legal agreements made or entered into by (ii) reimburse States for services of de- to honor the memory of Herb Bateman. the Commission shall not extend beyond the tailed personnel. In 1607, Jamestown started as a date of termination of the Commission); (5) VOLUNTEER AND UNCOMPENSATED SERV- struggling settlement but eventually (5) use the United States mails in the same ICES.—Notwithstanding section 1342 of title manner and under the same conditions as 31, United States Code, the Commission may became the first capital of Virginia and other Federal agencies; accept and use voluntary and uncompensated the birthplace of representative democ- (6) subject to approval by the Commission, services as the Commission determines nec- racy. Its settlers left a legacy of lan- make grants in amounts not to exceed $10,000 essary. guage, customs and common law which to communities and nonprofit organizations (6) SUPPORT SERVICES.—The Director of the remain with us to this day. Native to develop programs to assist in the com- National Park Service shall provide to the Americans, Europeans, predominantly memoration; Commission, on a reimbursable basis, such English, and Africans all played vital (7) make grants to research and scholarly administrative support services as the Com- roles in forming this early settlement. organizations to research, publish, or dis- mission may request. Since at least 1807, Jamestown’s tribute information relating to the early his- (f) PROCUREMENT OF TEMPORARY AND INTER- tory of Jamestown; and MITTENT SERVICES.—The Chairperson of the founding has been celebrated every 50 (8) provide technical assistance to States, Commission may procure temporary and years. The Federal commission that localities, and nonprofit organizations to intermittent services in accordance with sec- would be created by H.R. 4907 is mod- further the commemoration. tion 3109(b) of title 5, United States Code, at eled after the commissions established (e) COMMISSION PERSONNEL MATTERS.— rates for individuals that do not exceed the for past Jamestown anniversary fes- (1) COMPENSATION OF MEMBERS OF THE COM- daily equivalent of the annual rate of basic tivities. The 15-member commission MISSION.— pay prescribed for level V of the Executive will be appointed by the Secretary of Schedule under section 5316 of that title. (A) IN GENERAL.—Except as provided in the Interior and will terminate in 2008. subparagraph (B), a member of the Commis- (g) FACA NONAPPLICABILITY.—Section 14(b) sion shall serve without compensation. of the Federal Advisory Committee Act (5 The proposed commission will play a (B) FEDERAL EMPLOYEES.—A member of the U.S.C. App.) shall not apply to the Commis- similar role to help coordinate events, Commission who is an officer or employee of sion. activities, fund-raising, and capital im- the Federal Government shall serve without (h) NO EFFECT ON AUTHORITY.—Nothing in provements by partners on the Federal, compensation in addition to the compensa- this section supersedes the authority of the State, and local levels, and in the pri- tion received for the services of the member State, the National Park Service, or the As- vate sector. It will bring national and as an officer or employee of the Federal Gov- sociation for the Preservation of Virginia Antiquities, concerning the commemoration. international attention to this pivotal ernment. event in our Nation’s history, and it (C) TRAVEL EXPENSES.—A member of the (i) TERMINATION.—The Commission shall Commission shall be allowed travel expenses, terminate on December 31, 2008. will promote scholarly research and including per diem in lieu of subsistence, at SEC. 5. AUTHORIZATION OF APPROPRIATIONS. publications. The commission will help rates authorized for an employee of an agen- There are authorized to be appropriated ensure that all people who were living cy under subchapter I of chapter 57 of title 5, such sums as are necessary to carry out this in 17th century Jamestown are rep- United States Code, while away from the Act. resented in the celebration. home or regular place of business of the The SPEAKER pro tempore. Pursu- The 400th anniversary celebration member in the performance of the duties of ant to the rule, the gentleman from will include reconstructions of the the Commission. Virginia (Mr. DAVIS) and the gen- Jamestown fort, a Native American (2) STAFF.— tleman from Maryland (Mr. CUMMINGS) village, and the English settlers’ three (A) IN GENERAL.—The Chairperson of the Commission may, without regard to the civil each will control 20 minutes. ships which have been rebuilt to reflect service laws (including regulations), appoint The Chair recognizes the gentleman current research. The 2007 commemora- and terminate an executive director and from Virginia (Mr. DAVIS). tion will include also exhibitions high- such other additional personnel as are nec- GENERAL LEAVE lighting exciting new archaeological, essary to enable the Commission to perform Mr. DAVIS of Virginia. Mr. Speaker, historical and scientific findings made the duties of the Commission. I ask unanimous consent that all Mem- by the Association for the Preservation (B) CONFIRMATION OF EXECUTIVE DIREC- bers may have 5 legislative days within of Virginia Antiquities and the Na- TOR.—The employment of an executive direc- tor shall be subject to confirmation by the which to revise and extend their re- tional Park Service, including the Commission. marks on the bill under consideration. original 1607 fort. These organizations (3) COMPENSATION.— The SPEAKER pro tempore. Is there are now jointly planning a revitaliza- (A) IN GENERAL.—Except as provided in objection to the request of the gen- tion of Jamestown Island to provide a subparagraph (B), the Chairperson of the tleman from Virginia? more engaging experience for visitors Commission may fix the compensation of the There was no objection. and an increased appreciation for their executive director and other personnel with- Mr. DAVIS of Virginia. Mr. Speaker, irreplaceable museum collections. out regard to the provisions of chapter 51 and I yield myself such time as I may con- The upcoming 400th anniversary of subchapter III of chapter 53 of title 5, United the Jamestown settlement is an event States Code, relating to classification of po- sume. sitions and General Schedule pay rates. Mr. Speaker, I rise today in support of historic importance that deserves (B) MAXIMUM RATE OF PAY.—The rate of of H.R. 4907, the Jamestown 400th Com- national attention and commemora- pay for the executive director and other per- memoration Commission Act of 2000. tion. I urge all my colleagues to join sonnel shall not exceed the rate payable for 2007 marks the 400th anniversary of the me in supporting this legislation and

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25568 CONGRESSIONAL RECORD—HOUSE October 30, 2000 honoring the memory of our late col- parted friend and colleague, Herb Bate- gressional District of Virginia, and league, Herb Bateman. man, to establish a Federal commis- since we are talking about Jamestown, Mr. Speaker, I reserve the balance of sion to join the Commonwealth of Vir- I think it is appropriate to note that my time. ginia in preparing for the 400th anni- Herb always called his district Amer- Mr. CUMMINGS. Mr. Speaker, I yield versary of the founding of Jamestown ica’s first district. myself such time as I may consume. in Virginia. This bill authorizes the Jamestown Mr. Speaker, in June 1606, King Nearly 400 years ago, the English es- Commemoration Commission that will James I granted a charter to a group of tablished the first permanent settle- head up the preparations for the 400th London entrepreneurs, the Virginia ment in the present-day United States anniversary of Jamestown, which will Company, to establish a satellite at Jamestown. The upcoming 400th an- be celebrated in 2007. Jamestown was English settlement in the Chesapeake niversary in May 2007 affords all Amer- not only the first permanent English region of North America. By December, ican citizens the opportunity to appre- colony but it also became the first cap- 108 settlers sailed from London in- ciate the adventurous spirit that led ital of Virginia. The first legislative structed to settle in Virginia, find gold the early English settlers on a voyage assembly was held in Jamestown; and and a water route to the Orient. to a new world in the hopes of finding it was there that the idea of common On May 14, 1607, the Virginia Com- mountains of gold. While the settlers law, common customs, and common pany explorers landed on Jamestown failed to realize their dreams of gold, language began and continues to this Island, founding the first permanent their struggles and sacrifices paved the day. English settlement in America. The way for the formation of a nation rich Mr. Speaker, planning for the 400th first representative assembly in the in racial and ethnic diversity and anniversary has been under way for new world convened in the Jamestown democratic ideals. In fact, Jamestown several years and establishment of a church on July 30, 1619. The general as- is commonly referred to as the birth- national commission will complement sembly met in response to orders from place of our Nation. the ongoing State efforts as well as ex- the Virginia Company to, quote, ‘‘es- Clearly, Jamestown is significant not tend national and international signifi- tablish one equal and uniform govern- just in the history of the Common- cance to this historic anniversary. The ment over all Virginia.’’ The other crucial event that would wealth but to the Nation as a whole. State has been conducting roundtables play a role in the development of Initially a fledgling settlement, James- throughout Virginia to get citizen America was the arrival of Africans to town became the capital of Virginia input to design a statewide commemo- Jamestown. A Dutch slave trader ex- and held the first representative legis- ration. Efforts are also being taken to changed his cargo of Africans for food lative assembly in the Americas, continue the rebuilding of ships which in 1619 and thus began the presence of known as the House of Burgesses. brought the 1607 colonists and which Africans in Jamestown. The celebra- These early meetings of the House of were originally reconstructed for the tion in 2007 of the 400th anniversary of Burgesses fostered the ideas of self- 350th anniversary, as well as rebuilding the landing at Jamestown will involve government and representative govern- the Jamestown fort and the Native coordination between many partners ment which serve as the cornerstone of American village. on the Federal, State and local level the United States Constitution. The Mr. Speaker, passage of this measure and with the private sector. In 1996, the legacy of Jamestown, however, is not will ensure that the 400th anniversary Commonwealth of Virginia designated limited to these democratic principles of Jamestown is recognized at a na- the Jamestown-Yorktown Foundation that we cherish. The legacy can also be tional level for its historic significance as the State agency responsible for viewed in terms of the common lan- and contributions to the founding of planning and implementing the Com- guage and customs that remain with us our country. It is also a fitting manner monwealth’s portion of the commemo- today. in which to honor our late colleague, ration. For that reason, a national commis- Herb Bateman. Before yielding back H.R. 4907 establishes a Federal com- sion is appropriate and necessary to the balance of my time, I want to com- mission to assist in the coordination of complement the commemorative pro- mend the Members of the staff of Vir- the 400th anniversary commemoration grams and activities undertaken by the ginia’s First Congressional District for of the landing of Jamestown. The pur- Commonwealth of Virginia’s James- their tireless efforts in making sure pose of the commission is to bring na- town-Yorktown Foundation. The na- this bill moved forward. The constitu- tional and international attention to tional commission will assist in the de- ents of the First Congressional District the significance of the landing of velopment of Jamestown-related pro- have been well represented by the staff Jamestown and heightened interest in grams and activities, support scholarly since the untimely loss of Herb Bate- the early history of our Nation. The research and publications, facilitate man, and it is in large part because of commission would help coordinate marketing and fund-raising efforts, and their efforts that this bill is before us events, activities, fund-raising, and further encourage heritage tourism. today. capital improvements related to the These activities will expand the under- Mr. Speaker, I urge the passage of Jamestown 2007 anniversary. The com- standing and appreciation of the sig- this measure. mission will ensure that Jamestown nificance of the founding and early his- Mr. DAVIS of Virginia. Mr. Speaker, 2007 observances are inclusive and, in tory of Jamestown. It will also perpet- I yield myself such time as I may con- addition to the English settlers, recog- uate the memory of the first perma- sume. nize the invaluable contributions of nent English-speaking settlers of Vir- Mr. Speaker, I also want to recognize Native Americans and Africans to the ginia and the United States. the work of particularly Dan development of Jamestown and this Mr. CUMMINGS. Mr. Speaker, I am Scandling, Herb Bateman’s chief of country. pleased to yield 3 minutes to the dis- staff, and Julie Newell, whom I know I urge my colleagues to support this tinguished gentleman from Virginia helped put this together, and the other legislation. (Mr. SCOTT). staff members who put this together. Mr. Speaker, I reserve the balance of Mr. SCOTT. I thank the gentleman This is a fitting legacy for Congress- my time. from Maryland for yielding me this man Bateman who started this. Mr. DAVIS of Virginia. Mr. Speaker, time. Mr. Speaker, I urge the adoption of I am happy to yield such time as he Mr. Speaker, I rise in support of H.R. this measure. may consume to the gentleman from 4907, legislation to establish the James- Mr. SISISKY. Mr. Speaker, I rise today on Virginia (Mr. BLILEY). town 400th Commemoration Commis- behalf of my late friend and colleague, Herb Mr. BLILEY. I thank the gentleman sion. Mr. Speaker, this bill was intro- Bateman, to speak in support of legislation for yielding me this time. duced by our late colleague, Herb Bate- that was near and dear to his heart, H.R. Mr. Speaker, I rise today in support man, who represented Jamestown. 4907, legislation to establish a Federal com- of the measure sponsored by our de- Jamestown is located in the First Con- mission to coordinate activities related to the

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 9920 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25569 400th anniversary of the establishment of the tleman from Mississippi (Mr. SHOWS) is I also appreciate the many veterans colony at Jamestown. recognized for 5 minutes. and military service organizations of Someone once said that a land without Mr. SHOWS. Mr. Speaker, today the Military Coalition and the Na- ruins is a land without memories, and a land President Clinton is expected to sign tional Military and Veterans Alliance. without memories is a nation without history. the National Defense Authorization Particularly, I want to thank my Thanks to the National Park Service and the Act for fiscal year 2001. This will help friends at the National Association for foresight of the people of Virginia, the memory promote a first-class military, and it is Uniformed Services, the Retired En- and history of Jamestown are alive and well. a great victory for our military retir- listed Association, the Retired Officers Jamestown is to the United States what the ees because it takes a giant step in cor- Association and the Air Force Ser- historical centers of Rome and Athens are to recting an injustice suffered by our geants Association. I am proud that the people of Italy and Greece. military retirees and their families. the defense bill accomplishes part of The Jamestown visitors center, the replicas The defense bill provides pharmacy what the Keep Our Promise Act would of the ships that brought the colonists to the benefits and extends TRICARE to retir- do by extending military health care to new world, and the Jamestown fort and native ees beyond age 65 as a supplement to retirees over age 65; but the defense bill American village are more than just tourist Medicare, and fulfills the promise of does not do everything the Promise destinations, they are symbols of our democ- lifetime health care to America’s eld- Act would do. The Promise Act would racy and values. est military retirees. offer military retirees the option to Consider that Jamestown was Virginia’s first Retirees joined the service with a participate in the FEHBP plan because capital and held the first legislative assembly, promise of lifetime health care; but many retirees are not well served by leaving a legacy of common law, customs and right now TRICARE, the military TRICARE. We need to pass the rest of language that we rely on today. health care plan, ends at age 65. Unlike Keep Our Promise Act because it is the This 400th anniversary commemoration, to all other Federal retirees, military re- right thing to do, and I promise that take place in 2007, is probably as historically tirees get Medicare but nothing else if the military retirees across the coun- important to our Nation as the bicentennial they cannot afford supplemental insur- try will keep fighting for the benefits celebration of 1976. The progress made in ance; and many retirees under age 65 they were promised, earned and richly planning events for 2007, are due in no small are not covered due to serious flaws in deserve. measure to the people of Virginia. the TRICARE program. f To remedy this sad situation, last They’ve held roundtables throughout the WHERE HAS THE STRATEGIC PE- State to solicit input from every corner of the year the gentleman from Georgia (Mr. NORWOOD) and I and Senators TIM TROLEUM RESERVE REALLY commonwealth, and they’ve worked in con- GONE? junction with the National Park Service to con- JOHNSON, JOHN MCCAIN, and our es- The SPEAKER pro tempore. Under a duct archaeological, historical and scientific re- teemed colleague, Paul Coverdell, in- previous order of the House, the gen- search. troduced the Keep Our Promise to tleman from Pennsylvania (Mr. GEKAS) Creating a national commission is the last America’s Military Retirees Act, H.R. is recognized for 5 minutes. piece of the puzzle which will ensure that the 3573. The Keep Our Promise Act united Mr. GEKAS. Mr. Speaker, every Jamestown commemoration becomes a truly military retirees and families across American citizen will remember the national celebration. the country. Their billboards, bumper heightened crisis that occurred in our I urge my colleagues to support this impor- stickers, e-mails, phone calls, and let- oil situation and our fuel and its rising tant resolution. ters to newspapers and Congress have prices over the summer. Many of us Mr. DAVIS of Virginia. Mr. Speaker, educated us to their plight. Their per- wondered what was next. Well, what I have no further requests for time, and sistence gained the Promise Act 306 co- was next was that sometime in Sep- I yield back the balance of my time. sponsors in the House and 36 in the tember the President, after being urged Mr. CUMMINGS. Mr. Speaker, I urge Senate. by Vice President GORE, released 30 the adoption of this important legisla- We would not be celebrating historic million barrels of oil from the Stra- tion. improvements in military health care tegic Petroleum Reserve. Mr. Speaker, I yield back the balance today without the grass roots support Now, the first shock wave that oc- of my time. for the Shows-Norwood Keep Our curred when that announcement was The SPEAKER pro tempore. The Promise Act. made was, what is going on here? The question is on the motion offered by We should commend the efforts of Strategic Petroleum Reserve is exactly the gentleman from Virginia (Mr. every military retiree or family mem- that, Strategic Petroleum Reserve, DAVIS) that the House suspend the ber across the country who partici- meaning that it is to be used and was rules and pass the bill, H.R. 4907. pated in the grass roots efforts. I can- to be intended to be used for strategic The question was taken; and (two- not allow Congress to adjourn without purposes for defense purposes, for the thirds having voted in favor thereof) acknowledging the efforts of two very national security of our Nation. That the rules were suspended and the bill special Americans, two Mississippians. is, there would be a pool, literally a was passed. Jim Whittington of Laurel and Floyd pool, of oil held back from the normal A motion to reconsider was laid on Sears of Ocean Springs organized the market so that if oil was cut off from the table. meeting in March of 1999 that resulted the Middle East and we did not have f in the introduction of the Keep Our our required fuel available for our b 1600 Promise Act. They led the grass roots Armed Forces, then this reserve would in the fight for justice for military re- be at hand to protect our people in a SPECIAL ORDERS tirees that brings us here today. national security situation. The SPEAKER pro tempore (Mr. GIB- There are many, many more grass Well, let us set that aside, as impor- BONS). Under the Speaker’s announced roots leaders who must be recognized. tant as that is, and that is very impor- policy of January 6, 1999, and under a While it is not possible to name them tant. We still have reservations about previous order of the House, the fol- all, I want to thank several people who even approaching this Strategic Petro- lowing Members will be recognized for communicated regularly with my staff leum Reserve unless there be some 5 minutes each. and me for the outstanding work to kind of emergency action, some threat f keep our promise to America’s mili- to our security at hand. In any event, tary retirees: Colonel George ‘‘Bud’’ put that aside for the moment. Many MILITARY RETIREE HEALTH CARE Day and everyone with the Class Act people were concerned that because of IN THE DEFENSE AUTHORIZA- Group; General Robert Clements, Edith the rising fuel prices and even some TION BILL Smith, Floyd Felts, Dick Manion, Lon- shortages that were occurring, that the The SPEAKER pro tempore. Under a nie Vessel, Jack Hollinsworth, Chuck Northeast would find itself in this win- previous order of the House, the gen- Huffman, and Joe Priestley. ter coming that it would be short of

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25570 CONGRESSIONAL RECORD—HOUSE October 30, 2000 fuel for their home heating needs. So Mr. Speaker, I would also like to in- crease heating-oil supplies short term. ‘‘It is ostensibly, the directive by the Presi- sert the following articles into the not going to generate one additional barrel dent was to release these 30 million RECORD. of heating oil,’’ because refineries already are at or near capacity, said Carlton Adams, barrels for home heating. Well, at least [From the Wall Street Journal, Thursday, a spokesman for Conoco, Inc., which bid un- we said the target is a humane one, is October 5, 2000] successfully for 1.5 million barrels. Conoco a proper one. EUROPE’S LOW OIL SUPPLIES MAY BLUNT U.S. hoped to run the crude through its Ponca Then what did we learn? We found in EFFORT City, Okla., refinery, which ran a record the Wall Street Journal report and var- (By Alexei Barrionuevo and John Fialka) 201,900 barrels a day the last week of Sep- ious other newspapers, including one Low supplies of heating oil in Europe are tember. from Bangor, Maine, where, of course, threatening to blunt the impact of releasing The strategic-reserve oil won’t be unloaded one of the areas would be that would 30 million barrels of crude from the U.S. from the reserve tanks until later this most require this home heating oil, Strategic Petroleum Reserve. month or early in November it will be De- complained that what they discovered Europe’s market for heating oil is 50% big- cember by the time the oil is refined and was that the 30 million barrels that ger than the U.S. heating-oil market, Eu- shipped to the Northeast. rope’s stocks are even tighter and prices Major pipelines from the Gulf, including were being released from our strategic there are a few cents a gallon higher, so U.S. Colonial Pipeline Co., say they have been reserve were going to be sent to Europe refiners have a renewed incentive to ship fuller than normal recently because of low by the oil refineries. That is, the oil heating oil across the Atlantic. stocks in the Northeast. bidders would buy this oil and then in- Further, a June fire at critical export re- The world-wide problems with heating oil stead of sending it to New England finery in Kuwait continues to upset the flow have been compounded by a devastating fire would sell it on the market to Europe. of heating oil across world markets. at Kuwait’s Mina al-Ahmadi refinery in late Well, this is outlandish. We do not Yesterday, the Energy Department said 11 June that cut Middle East production by companies were awarded a total of 30 million know if that is correct, but all the evi- half. That has led European refiners to di- barrels of crude from the strategic reserve vert some supply to African countries, in- dence yields a conclusion that that after submitting bids last week. The compa- cluding Egypt. would be the case. nies promised to return 31.5 million barrels Asia is the one major refining market in Moreover, out of the 30 million bar- to the federal stockpile next year as pay- the world with spare capacity. In Singapore, rels, 30 million barrels that were re- ment. The winners included Marathon Ash- in particular, refineries are only running at leased, it appears that only about land Petroleum LLC, Valero Energy Corp. about 65% of capacity. 250,000 under any circumstances, 250,000 and Equiva Trading Co., the trading arm of While higher refining profit margins in the only would be delivered to the North- Equilon Enterprises LLC and Motiva Enter- U.S. and Europe could draw more shipments east in time to help this winter. What prises LLC. from Asia, refineries there say they face In offering oil today for oil later, the de- we did was author a letter to the Sec- technical challenges in meeting U.S. and Eu- partment said again it is seeking to avert a ropean environmental specifications for sul- retary of Energy, our former colleague, potential heating-oil shortage this winter. fur content. In the U.S., such air standards Bill Richardson, to ask these ques- Energy Secretary Bill Richardson said the are governed by individual states, which tions: Is this oil going to Europe or is administration remains concerned about would have to decide to temporarily relax it not? And if it is not, why will only heating-oil supplies in New England, where sulfur requirements to open the market to 250,000 barrels be finding its way to the inventories are 65% below normal levels. supply from more of the world. home heating oil needs of the North- Mr. Richardson called the release of oil An Environmental Protection Act official east, which needs much more than from the strategic reserve ‘‘government at says the agency is talking to states about its best’’ and noted that the International the possibility of relaxing standards limiting that? Energy Agency, based in Paris, applauds the The letter was sent. No response was the sulfur content in home heating oil. U.S. action. Northeastern states have such standards, forthcoming. My staff contacted the Since the crude-oil swaps were announced and if supplies get tight, they could block Energy Department several times, and two weeks ago, oil prices have slid from a the possibility of using higher sulfur fuel we did not receive a proper response, or high of more than $37 a barrel to settle at stocks intended for off-road construction any response. The Congress in its own $31.43, down 64 cents, yesterday for the No- equipment. They could also block shipments way in committee hearings evoked the vember contract of West Texas Intermediate of imported heating oil from being used. same kind of questions out of the cir- crude. In Europe, where storage capacity is great- cumstances. We do not know what the [From the Bangor Daily News Bangor, ME, er, stocks of middle distillates, primarily Friday, October 13, 2000] final answer is. heating oil, slid to 221 million barrels in COLLINS, SNOWE CRITICIZE OIL RESERVE What all of this shows is, dipping July, down 20% from a year earlier, accord- RELEASE PLAN into the Strategic Petroleum Reserves ing to the International Energy Agency in for our national security purposes al- Paris, and the stocks didn’t grow in August. (By Alex Canizares and Myron Struck States ready waiting in reserve, as the title Germany has residential storage capacity of News Service) implies, and using it for home heating about 225 million barrels, but it has only WASHINGTON—In a rush to release emer- oil which never arrives there, that is about 125 million barrels socked away. gency oil, the Energy Department failed to make even rudimentary checks on some of not government at its best. Yet, that is ‘‘Europe is tighter than the States,’’ said Gary Ross, chief executive of Pira Energy the successful bidders—offering millions of what Secretary Richardson said, this is Group in New York. ‘‘So they are likely to barrels of oil to several one-man operations government at its best. What it shows be a constant drain on our distillate sup- with little experience handling large is that much more can be done and plies, thereby somewhat thwarting the ef- amounts of oil. much better use can be made of our forts of the administration to augment dis- Some of these small companies—including Strategic Petroleum Reserves. tillate supply by the SPR swaps.’’ one that operates out of a New York City I have introduced a bill, H.R. 4035, U.S. exports of heating oil to Europe apartment and another just recently incor- which calls upon a blue ribbon commis- ballooned nearly six times in the first seven porated in Florida—were reported to be hav- sion to be able to declare independence months of this year to about 1.4 million bar- ing trouble obtaining last-minute financial backing to sew up the deals. for the United States, again, to declare rels, compared with the year-earlier period, according to the most recent figures of the A failure to get the required letters of independence, this time energy inde- Department of Energy’s Energy Information credit this week could force the Energy De- pendence, within 10 years, to take full Administration. Total exports to all coun- partment to reopen some of the bids, pre- cognizance of all the oil reserves in tries, however, declined slightly by 2.5% to venting the release of all 30 million barrels Alaska, in offshore drilling, in the Mid- 31.7 million barrels. ‘‘Europe needed the dis- of oil from the government’s emergency west and far West, in Oklahoma and tillate more than Asia, and Asia has added stocks before the end of November as Texas which have been traditionally substantial distillate-refining capability, so planned, department officials said. the source of our domestic oil drillings; they are more self-sufficient now,’’ said President Clinton on Sept. 22 ordered the release, under a ‘‘swap’’ arrangement, of 30 to look at solar energy; to look at hy- Larry Goldstein, president of the Petroleum Industry Research Foundation in New York. million barrels of oil from the Strategic Pe- droelectric; natural gas and coal, and Industry experts estimate that in recent troleum Reserve to ease tight supplies before declare independence for our country weeks shipments have continued to pick up. winter. The Energy Department announced so that we do not have to depend on Refiners continue to be skeptical that the Oct. 4 the names of 11 companies that would OPEC. strategic-reserve release alone with help in- take the oil.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25571 But the selection of several of the bidders ing home heating oil exports to take advan- ‘‘Right now, rates are so high that if there has astonished some within the oil industry tage of higher prices in Europe. Normally, were domestic vessels, they would be show- and prompted a call for a congressional in- the United States imports more fuel than it ing themselves,’’ said Larry Goldstein, presi- vestigation into the bidding process and exports. dent of the Petroleum Industry Research whether it is primarily benefiting oil specu- The call to action came after several steps Foundation in New York. lators. the Clinton administration has taken to Buddy Neubauer, a vice president for U.S. Sen. Susan Collins, who pushed with lower prices, including a 30-million-barrel Valero Energy Corp., a San Antonio refiner, other New England politicians for the release swap of crude oil from the reserve and the re- said that ‘‘there is a shortage of tonnage, of oil from the reserve, said the Clinton ad- lease of $400 million in emergency oil assist- and a strong winter could exacerbate the ministration has ‘‘unfortunately . . . mis- ance to low-income households. The Energy problem.’’ But he added that some ships handled something that was a good idea. Department also is setting up a 2-million- could become available ‘‘if the price is ‘‘I was surprised that the administration barrel Northeast home heating oil reserve. right.’’ did not require bidders to prove their finan- The lawmakers co-signing the letter urged A shortage of such ships appears to be de- cial worth in advance,’’ Collins said. ‘‘The Clinton to encourage other countries to sue laying another recipient of SPR oil, Morgan unusual step of letting winning bidders prove their strategic oil reserves to help boost in- Stanley Dean Witter & Co., shipping brokers their worth after the fact allowed question- ventories. The lawmakers said the president said. But John Shapiro, Morgan Stanley’s able companies to get involved in the proc- has authority to stem exports temporarily head of world trading, said: ‘‘The oil will get ess—including some with no experience in under the Export Administration Act. to where it is intended in the U.S. without the oil business.’’ any problem.’’ Collins also is upset that oil that should be [From the Wall Street Journal, Friday, At House and Senate committee hearings, heating homes in the Northeast this winter October 20, 2000] Republicans repeatedly criticized the fact is being shipped to foreign countries because RELEASE OF OIL BARELY HELPS NEEDY that the Energy Department awarded 10 mil- oil companies are getting a better price for STATES lion barrels of the reserve oil to three small the product overseas. (By John J. Fialka and Alexei Barrionuevo) entrepreneurs with no experience in oil It now appears that more than two-thirds WASHINGTON—An Energy Department offi- deals. Two of therm later dropped out, forc- of the oil set to be released from the Stra- cial conceded that the Clinton administra- ing the government to redo the bidding. tegic Petroleum Reserve will end up in for- tion’s decision to release 30 million barrels NOT ENOUGH SHIPS eign markets, an action proponents say will of crude oil from the nation’s Strategic pe- World trade is growing faster than the help ease the world crisis, but an action that troleum Reserve may yield only an addi- critics say does nothing to solve the woes of world shipping fleet. Percent changes 1998 to tional 250,000 barrels of home-heating oil for 2002. New England, which faces tight supplies for fuel-short areas such as New England. the winter months. Under prodding from Republican members [Figures in percent] ‘‘Bids for oil from the Strategic Petroleum of a House Commerce subcommittee, Robert Vessel/Trade Trade Fleeet Reserve should have included provisions that S. Kripowicz, an acting assistant secretary prohibited companies from exporting crude of energy, acknowledged that the adminis- Dry Bulk ...... 3–4 1 –2 oil from the SPR,’’ Collins said. ‘‘Since the tration’s forecast that the move would result Tanker ...... 2 –3 1 –2 administration did not include such lan- Product ...... 4 –5 3 –4 in three million to five million more barrels Crude ...... 1 –2 0 –1 guage, the Department of Commerce should of heating oil was overly optimistic. General Cargo ...... 6 –7 2–3 now deny export licenses to any company However, he said that if diesel fuel refined Container ...... 8–10 8–10 seeking to export’’ this crude. from the oil was also sent into the home- Total ...... 3–4 1–2 U.S. Sen. Olympia Snowe, a leader in the heating oil market, it could raise newly Senate in seeking the release of the oil, also available stocks to 2.5 million barrels. But Source: U.S. Maritime Administration. now is critical of how the release has several committee members, noting that evolved. She has met with Senate Energy truckers and other powerful market forces [From the Wall Street Journal, Tuesday, and Natural Resources Committee Chairman might block such a shift, called the estimate October 17, 2000] Frank Murkowski, R-Alaska, to express her unrealistic. U.S. TIGHTENS RULES FOR BIDDING ON OIL concerns and has also raised this issue with ‘‘Clinton-Gore math,’’ said GOP Rep. Joe (By John J. Fialka and Alexei Barrionuevo) Energy Secretary Bill Richardson. Barton of Texas, the panel’s chairman, who ‘‘The bottom line is that something is very had an aide display the Energy Department WASHINGTON—The Energy Department wrong when we find ourselves in this precar- market forecast on a large chart. The fore- tightened its rules for traders who want to ious position for the second winter in a row,’’ cast assumed that—given tight U.S. refinery bid on oil from the nation’s Strategic Petro- Snowe said, ‘‘While I believe the release from capacity—20 million barrels of the govern- leum Reserve, requiring them to post a sub- the SPR is a welcome, if long overdue, step, ment oil would block a similar amount of stantial bond for the oil they are requesting it is clear that we need to find long-term so- foreign oil that would otherwise have been before their bids will be considered. lutions to the supply problem in order to imported into the U.S., making only 10 mil- The changes came after two small compa- make sure people are not plunged into uncer- lion barrels of the oil available to U.S. refin- nies that made the largest bids in the recent tainty every winter as to whether or not ers, auction for government oil won awards for a they will have oil to heat their homes.’’ An official of one refining company told total of seven million barrels. The deals fell Snowe also has seized on the export issue the panel that the release of the SPR oil through when they failed to obtain the nec- as critical to resolving this winter’s fuel oil caused transportation problems that will essary financial backing. shortage in the Northeast. delay its shipment. John P. Surma, senior The failures of the two small entre- In a letter to Clinton, Snowe asked the ad- vice president of Marathon Ashland Petro- preneurs, both inexperienced in big oil deals, ministration to address the issue and outline leum LLC, which was awarded 3.9 million and the success of a third, who quickly sold a means of keeping the oil in the United barrels of the oil, said the oil has overloaded his interest to a major oil-trading firm, em- States. She also has posed the question to a key terminal at Nederland, Texas. ‘‘As a barrassed some DOE officials and spurred an Richardson. Both queries have gone unan- result,’’ he testified, ‘‘some of the SPR crude investigation by the Senate Energy Com- swered, she said. oil will likely not be delivered until Decem- mittee. ‘‘I find this situation outrageous, espe- ber.’’ The Senate panel has summoned Energy cially since the U.S. exported over 27.6 bar- Mr. Kripowicz said he wasn’t aware of any Secretary Bill Richardson and other DOE of- rels of home heating oil for the first six delays at the terminal, asserting that oil ficials to a hearing Thursday to discuss the months of this year—at the very time our companies can use several alternative swap, which committee chairman Frank home heating oil inventories in New England routes. Murkowski (R., Alaska) called a ‘‘consider- were reaching dangerously low levels. Iron- Another apparently unforeseen obstacle able risk to national security.’’ The 30 mil- ically, the amount of home heating oil ex- looms in the form of the Jones Act, an 80- lion barrels offered for the swap come from a ported nearly matches the deficit we are now year-old maritime law requiring refiners and 570 million-barrel reserve of crude oil set up experiencing,’’ she said. traders to use U.S.-flagged, U.S.-crewed ships by Congress in the 1970s as a safeguard Elsewhere on Capitol Hill, an effort by U.S. to move crude oil and petroleum products against oil import disruptions. Rep. John E. Baldacci to press the White from one U.S. port to another. Large compa- Sen. Murkowski and oil-industry experts House to temporarily ban home heating oil nies such as BP Amoco PLC and Exxon Mobil also questioned whether the swap of the 30 exports to ease the supply shortage has Corp. have locked in the use of the better million barrels, when completed, would ful- taken off, with 77 members of the House join- ships, leaving others to scrounge for the fill the Clinton administration’s original ex- ing in writing to Clinton. costly, less-desirable ships that are left over. pectation: that it would result in three mil- The letter plays off the fact that some U.S. The search for such ships is critical because lion to five million barrels of home heating oil companies and refiners have been increas- oil pipelines are running near capacity. oil that could be shipped to the fuel-short

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25572 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Northeast in time for the winter heating sea- Succumbing to the political pressure of ris- Earlier this year, I introduced House son. Profit margins are now higher on trans- ing oil prices, the Clinton administration Concurrent Resolution 306, the safe portation fuel and the crude oil could go to last month authorized the release of 30 mil- highways resolution, along with the meet demand for that. lion barrels of oil from the nation’s emer- gentleman from California (Mr. HORN), The Clinton administration announced the gency oil supply. The purported goal was to offer last month, using a rule that allows the release enough oil onto the market to force the gentleman from Oregon (Mr. swap of oil from the reserve if the deals re- down soaring prices. BLUMENAUER), and the gentlewoman sult in the return of more oil to the reserve. Eleven companies got a piece of the action, from Maryland (Mrs. MORELLA). House The offer of the swap resulted in bids that including several smaller, mostly unknown Concurrent Resolution 306 expresses promised to return 1.56 million barrels above oil companies with little or no oil marketing the sense of the Congress that the Fed- the amount borrowed, meaning that the av- experience. Now two of the three small com- erage among the 11 winning bids was a prom- eral freeze on triple tractor trailer panies awarded oil from the strategic petro- trucks and other longer combination ise of a 5% return. leum reserve are having trouble getting the The government accepted offers from vehicle, LCVs, should not be lifted and letters of credit guaranteeing the full value Lance Stroud of New York and Renard D. of the oil they need in order to complete the the current Federal limits on heavy Euell of Denver, individuals who officials deal. One reportedly operates out of a New truck weight should remain in place. said promised returns of 12% and 10%, re- York apartment building. Another report- Now since April, this legislation has spectively, but their bids failed last week gained over 135 House cosponsors. Addi- when major traders and oil companies re- edly was incorporated about a month before fused to deal with them. The failure of their the White House announced plans to tap the tionally, the legislation is supported by bids lowered the government’s potential re- reserve. a number of public safety and law en- turn for the swap of the remaining 23 million If these companies can’t come up with let- forcement organizations such as AAA, barrels to about 3.5%. ters of credit to complete the transaction, the National Public Health Organiza- The DOE started a new round of bidding on then they’ll have to back out of the con- tracts. Presumably that will delay the re- tion, the International Brotherhood of the seven million barrels yesterday. Under Police Officers, the National Associa- the new rules, bidders must post a bond of $3 lease of oil since the Energy Department had million or covering 5% of the oil they are earmarked these three small firms to handle tion of Police Organizations, and the bidding on, whichever is less. ‘‘We know that nearly one-third of the 30 million barrels. National Troopers Coalition. these two bidders worked hard to make them One forfeited its bid Thursday, but the other Mr. Speaker, probably the best argu- [the bids] successful, but unfortunately they two have until midnight today to obtain let- ment against lifting the Federal 80,000- weren’t able to do that,’’ said Robert S. ters of credit. pound weight limitation or freezing the Kripowicz, the DOE acting assistant sec- But this tale gets worse. There are no con- current geographic limit taking on retary in charge of the program. He said put- tract restrictions preventing companies from LCVs is force equals mass times accel- ting the financial-guarantee requirement in eventually exporting the oil they receive the 80-page bid application form ‘‘does raise from the reserve to Europe where it could eration. It is simple high school phys- the bar somewhat in terms of what you have command a higher price, say some congres- ics. The bigger the truck, the harder it to have in place before you submit a bid.’’ sional leaders. It is possible that heating oil is to stop; the harder it is on the high- Still, he said, it wouldn’t bar small bidders could end up outside the United States, and way itself; and in the event of an acci- that made trading arrangements with larger the Northeast would still shiver this winter. dent the harder it hits anything in its companies. Ronald Peek, a Tallahassee, Fla., With refineries running at near capacity and path. entrepreneur who sold his award of three Middle East tensions rising, chances already Additionally, a number of truck driv- million barrels to Hess Energy Trading Co. are slim that tapping the reserve will make for an undisclosed sum couldn’t be reached ers that I have talked to have told me much of a lasting dent in energy prices. that bigger trucks are more difficult to for comment. Senate Energy Committee Chairman In announcing the swaps plan, DOE was Frank H. Murkowski, a critic of using the re- handle and more stressful to drive. banking on a 10% to 20% heating-oil yield serve to tinker with market prices, wants There is no doubt that heavy trucks from refiners on the Gulf Coast, where the the Energy Department to explain how all have inherent dangers. According to SPR reserves are located. But refiners there this could happen. ‘‘If the stated purpose for the U.S. Department of Transpor- are currently converting only 8% of what the swap was to supply the Northeast with they put into their refineries into heating tation, in 1998 more than 5,000 Ameri- home heating oil, why wasn’t there a con- oil. While they are posting above-average cans died and an additional 128,000 were yields of 34% total distillates—which include tractual obligation that made sure it will get injured in heavy truck accidents. Al- heating oil, diesel and jet fuel—refiners are there? lowing trucks to get heavier only in- mostly focused on making on-road diesel fuel Good question. The possible answers aren’t pretty, though. Either the Energy Depart- creases the danger. Heavier trucks are and jet fuel. more likely to roll over, suffer from This is because the profit margins for die- ment conducted an incomplete review of cre- sel and jet fuel are higher now than for heat- dentials, or these are blatantly sweetheart braking problems, and deviate from the ing oil, and because transportation costs to deals. Consumers deserve an answer. flow of traffic, increasing the danger of ship products from the Gulf Coast to the f a collision. Northeast have nearly doubled this year. The Moreover, the heavier the truck, the price of jet fuel is running four cents a gal- TRUCK SIZES AND WEIGHTS more likely a collision with an auto- lon higher than heating oil, and diesel is run- The SPEAKER pro tempore. Under a mobile will be fatal for the occupants ning one cent higher. ‘‘Right now, that is the previous order of the House, the gen- of the car. highest jet-fuel-to-heating-oil differential I tleman from Massachusetts (Mr. As many of my colleagues on the have seen in a long time,’’ said Kenneth D. Miller, a senior principal at Purvin & Gertz, MCGOVERN) is recognized for 5 minutes. Committee on Transportation and In- a Houston energy consulting firm. ‘‘Specula- Mr. McGOVERN. Mr. Speaker, I rise frastructure know, the United States tion on being short of jet fuel in the winter today to talk to my colleagues about Department of Transportation recently is driving this.’’ the issue of bigger and heavier trucks released the Comprehensive Truck Size Gulf Coast refiners could convert more die- on America’s highways. As many of my and Weight Study. This study took 4 sel into heating oil, but the economic incen- colleagues know, I am a strong pro- years to complete and is the most de- tives might not be there, said John Hohnholt, senior vice president for refining ponent of keeping the current truck finitive study of its kind on the topic at Valero Energy Corp. in San Antonio. ‘‘But size and weight limitations in place. of truck size and weight. The study the transportation issue plays a major role Last year, the gentlewoman from projected that LCVs would have fatal in that decision,’’ Mr. Hohnholt said. Pipe- Maryland (Mrs. MORELLA) and I sent a accident rates 11 percent higher than lines are busier than normal and the domes- letter to the gentleman from Pennsyl- single trailers if they operated nation- tic tanker fleet is stretched thin. vania (Mr. SHUSTER), chairman of the wide. Additionally, heavier trucks will Committee on Transportation and In- have a heavier impact on America’s [From the Dallas Morning News, Friday, October 13, 2000] frastructure, signed by 60 other Mem- highway infrastructure. Again, accord- SWEETHEART DEALS? STRATEGIC RESERVE bers of Congress from districts along ing to the Department of Transpor- CONTRACTS LOOK HIGHLY QUESTIONABLE Interstate 95. The letter urged the tation study, nationwide operation of It hasn’t taken long for some of the sub- chairman to reject any effort to in- LCVs would add $53 billion in new terranean politics of oil to spew to the sur- crease the 80,000-pound weight limit for bridge reconstruction costs. This is a face. trucks traveling on any part of I–95. particularly important concern to my

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25573 constituents in Massachusetts, as well When we look into why that is the cally recognizing a dictatorship that is as to many of my colleagues in the case, what caused this to happen, we has enslaved most of its people, includ- Northeast, where bridges are signifi- find a foreign policy that has really ing its children. This is not just enslav- cantly older than in most other parts been characterized by photo opportuni- ing them physically, this is mind con- of the country. ties on the one hand and lack of con- trol as well, because the indoctrination In addition, there would be $266 bil- sistent attention on the other hand, in North Korea is total. I have been lion in lost time and extra fuel burnt and it has not served us as well as it there, and I have seen it. Here, for by auto drivers stuck in traffic because might, and we have missed important whatever reason, we are suddenly find- of bridge work. But traffic safety is not opportunities at a time when the world ing our new best friend, the smiling about statistics or abstractions. The is waiting for the world’s dominant Kim Jong Il. He is still the same old damage done by motor vehicle acci- power to show clear vision and signs of Kim Jong Il, he is not our best friend, dents has a very human face. For me, leadership for the next century ahead. he is a dangerous dictator, and it is a that face most recently in the face of As we look at some of the hallmarks, thoroughly Communist country. I do Linda Russell. Linda is a nursing su- trying to go back over these past 8 not understand why we are trying to do pervisor at the University of Massachu- years of the Clinton-Gore administra- him a favor. setts Hospital in Worcester. She was tion, we have found that betting on As we go through and look beyond badly injured when her car collided people rather than on institutions in the appeasements that we could talk with a tractor trailer. As a result of an evolutionary process was a big prob- about in Russia and China, let me skip the collision, Ms. Russell’s right foot lem. Putting our money on guys like to some bad judgment, bad judgment was almost completely severed, and she Milosevic is a bad bet; and Milosevic such as we have seen in the Middle will be confined to a wheelchair for the was, in fact, the guy we put our money East by trying to do a good job, and I rest of her life. on in Dayton for a short-term gain in give the President credit for that, but She wrote me in June of 1998 urging the Balkans. Unfortunately, it led to by forcing the agenda so fast for what- me to ask the Department of Transpor- long-term trouble; and we are still not ever motivation that it broke the tation to accelerate the issuance of a out of it there. And Milosevic, while he framework. That was not good judg- final rule requiring tractor trailer has now been finally removed by the ment; and we are seeing tragically to- trucks to be equipped with reflective people of his country in a more evolu- night, every night on television, scenes tape. tionary way, he nevertheless still is a of what happens when one forces a situ- factor, but more important, he is still ation beyond its evolutionary capa- b 1615 a war criminal. We have dealt with bility to deal with it. A number of my colleagues have Milosevic not as a war criminal in the We have seen in Iraq apparent, asked me why I introduced House con- Clinton-Gore administration, but as Desert Fox. We bombed the heck out of them, and what happens? We end up current resolution 306 when there are somebody who we can trust in negotia- winning a very short-term gain and already Federal restrictions in place. tions. That was a very poor choice. The answer is that I have worked in Aristide in Haiti, another poor losing our window into Iraq. We do not Washington long enough to know that choice; a man who is an authoritarian, truly understand what is going on the status quo is only the status quo. If no friend of the United States, and has there now. We have lost our eyes and one feels passionately about an issue, receded Haiti from the democratic ears, Iraq is evermore dangerous and is now reasserting itself as a leader in the one needs to be proactive. The smallest promise it showed in the early 1990s. Arab world, as an evermore dangerous changes add up incrementally. By betting on Aristide, I think we have enemy of the United States with great- For example, in 1974, States were done that country no favor at all. given the option to increase maximum Foday Sankoh in Sierra-Leone. Prob- er capabilities. We did not do what we truck weights on interstate highways ably, CNN has shown the most grue- needed to do there. Mr. Speaker, this is a subject that from 72,000 to 80,000 pounds and to per- some shots of butchery, of children will continue on, because this is a sub- mit operations of a twin 28-foot double going out and maiming children, ject that matters to America; and I trailer truck. Less than 10 years later drugged children going out and maim- will be talking more about this in ses- in 1982, Congress forced every State to ing children, being used as instruments sions to come. permit these bigger rigs. of war. This is a person the Clinton- Mr. Speaker, I will just end by sim- Gore administration chose to try and f ply saying that I want to thank my do business with. When CNN pulled the ELIMINATION OF THE DEATH TAX colleagues for standing with me in sup- cord on that and they showed Foday WOULD BENEFIT ALL AMERICANS porting this legislation, and I urge the Sankoh for the brutal dictator and ter- The SPEAKER pro tempore. Under a next Congress to take this issue up rorist that he is, the Clinton-Gore ad- previous order of the House, the gen- early on next year when we reconvene. ministration retreated from that, and tleman from Colorado (Mr. TANCREDO) f so far we have nothing to replace it. is recognized for 5 minutes. So when I talk about a hallmark of MISSED OPPORTUNITIES Mr. TANCREDO. Mr. Speaker, for betting on the wrong guy, that has quite some time, we have been hearing The SPEAKER pro tempore. Under a been one of the problems. Another has from our friends on the other side of previous order of the House, the gen- been appeasement. We have seen con- the aisle that Republican attempts to tleman from Florida (Mr. GOSS) is rec- tinuously wishful thinking that said, if abolish the death tax is just a sop to ognized for 5 minutes. we could just get these people to go the rich and that few ‘‘regular’’ folks Mr. GOSS. Mr. Speaker, earlier along with us, we will be all right, and would ever benefit from its elimi- today, during morning business, I made we will offer them carrots. Well, we nation. some comments about missed opportu- have to remember that the wall came I would like to bring to the attention nities of our foreign policy and how, as down in Berlin because we were dealing of the House an article that appeared we look back over these past 8 years from strength. They had no place to go in The Denver Post this weekend enti- and judge whether we are better off or in the Soviet Union and the United tled ‘‘Death, Taxes end Rancher’s worse off here in the United States of States of America was on the side of Dream.’’ The article describes the America, it is good to take a look at right and we were on the side of plight of the Laurence family who have the foreign policy situation, because, strength and eventually we prevailed for the last couple of generations been in fact, the world is a more dangerous because of those things. eking out a living from an 1,800 acre place, and we are, in fact, more vulner- Now we are going to North Korea and ranch in the Rocky Mountains of Colo- able and more threatened as a result of we are seeing extraordinary, extraor- rado. 8 years of a Clinton-Gore administra- dinary and, I would say, amazing Merrill Laurence died 4 years ago and tion. scenes of our Secretary of State basi- the family has been struggling ever

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25574 CONGRESSIONAL RECORD—HOUSE October 30, 2000 since to keep the tax man at bay. They of the House of Representatives, that I have country. Mr. Speaker, 250 miles from have run out of time and resources. been served with a subpoena for testimony Roy Pope, who has terminal cancer, a Soon, the auctioneer’s gavel will fall; issued by the District Court for Iowa, John- condition that is made even more un- and the ranch will be sold to devel- son County. bearable by the knowledge that he may opers. November 11 will be the date After consultation with the Office of Gen- eral Counsel, I have determined that it is not live to see his son, Ed, returned that ends a 180-year history of the Lau- consistent with the precedents and privileges home. rence family ranching heritage. This of the House to comply with the subpoena. My comments should not be taken as family will be moved off the land and Sincerely, any criticism about the Russians who homes will be built where the ranch GINNY BURRUS, have become our latest citizens in now stands. Staff Assistant. Portland. They are not intended that But the proceeds from the sale will f way at all. You see, Marina came to not accrue to the heirs. They do not this country in search of medical treat- want the sale. They will not receive COMMUNICATION FROM DISTRICT SCHEDULER TO THE HONORABLE ment for her son. The assistance she very much at all of what comes from has received from Oregonians in retain- that sale. The money raised by this JAMES A. LEACH, MEMBER OF CONGRESS ing that treatment for Alec is one of forced sale will go to satisfy the de- the most transparently generous acts mands of the IRS. The SPEAKER pro tempore laid be- of humanity I have ever witnessed, and I can assure my friends on the other fore the House the following commu- it is incredibly important that it be side of the aisle that there are real peo- nication from Jill Rohret, district carried out. ple out there who are affected by the scheduler to the Honorable JAMES A. Diagnosed with cerebral palsy at age death tax and who are far from ‘‘fat LEACH, Member of Congress: cats,’’ that phrase that we so often 6 months, Alec’s leg muscles and ten- OCTOBER 26, 2000. dons were so contracted that he could hear them employ when attempting to Hon. J. DENNIS HASTERT, foster class hatred in this country. Speaker, House of Representatives, not walk. Without the social services These people and hundreds of thou- Washington, DC. or rights that the disabled are afforded sands, millions others like them all DEAR MR. SPEAKER: This is to formally no- in this country, Alec could not go to over the United States are regular, tify you, pursuant to Rule VIII of the Rules school in Russia. His desperate mother hard-working tax-paying families who, of the House of Representatives, that I have could not even obtain a wheelchair for in fact, have made only a couple of been served with a subpoena for testimony her son and carried him in her arms for issued by the District Court for Iowa, John- mistakes in their lifetime. Like Mr. 7 years. son County. Thirteen years ago, she met a vis- Laurence, many of them work too After consultation with the Office of Gen- hard, accumulated too much, according eral Counsel, I have determined that it is iting physician from Salem, Oregon to, again, people on the other side of consistent with the precedents and privileges who contacted Shriners Hospitals for the aisle who keep talking about the of the House to comply with the subpoena. Children in Portland. In October of death tax as something that so few Sincerely, 1989, Marina and her son entered the people would get and so few people de- JILL ROHRET, United States as visitors for the first of serve the elimination of the death tax. District Scheduler. 6 operations that Alec would undergo. Mr. Speaker, the fact is that there f As he underwent more surgery and re- are lots of people who actually are, as PLEA TO RUSSIAN GOVERNMENT habilitation, the Immigration and Nat- I say, hard working, and they are not FOR THE RELEASE OF EDMOND uralization Service in Portland granted the top 1 percent, as we have often POPE extensions, allowing Marina and her been told, of this Nation’s income-earn- son to remain in the U.S. Forcing Alec ers who would benefit by the elimi- The SPEAKER pro tempore. Under a to return to Russia where Ed Pope nation of this death tax. They are peo- previous order of the House, the gen- spends his days peering through steel ple like Mr. Laurence who, as I say, he tleman from Oregon (Mr. WALDEN) is bars would have halted medical made a few mistakes. He worked too recognized for 5 minutes. progress and consigned him to a life ut- hard. He died before a new President Mr. WALDEN of Oregon. Mr. Speak- terly devoid of hope. Thanks to the could take office. er, I rise today to bring to the atten- outpouring of assistance he received in Mr. Speaker, I hope that we will soon tion of the Russian government an this country, Alec has been spared that be able to reintroduce this idea, the irony that I believe perfectly illus- terrible fate. But while Alec receives elimination of the death tax, and we trates why Edmond Pope, an American medical attention in the United States will soon pass it; again, this will be the businessman, held captive for 211 days, courtesy of the goodwill of the Amer- third time, and it will be signed by the should be released. ican people and those of my State, the next President of the United States, Since his arrest in April on charges Russian government systematically re- because it is a tax that needs to be of espionage, Ed Pope has been held in fuses to grant Ed Pope access to the eliminated, it is an unfair, unjust tax a Russian prison thousands of miles medical care that could save his life. that people like the Laurences of Colo- away from his family. He has been de- rado are now being forced to pay and, nied regular contact with his loved b 1630 as a result, being forced to sell their ones, including his ailing parents Since the bill granting Marina and own heritage. whose home is in the district I rep- Alec residency status was introduced, f resent. He has been held in utterly un- she has worked in Gresham, Oregon, civilized conditions, and, most dis- where she coordinates care for elderly COMMUNICATION FROM STAFF AS- tressing of all, Mr. Speaker, Mr. Pope and disabled clients. Alec has earned SISTANT TO THE HONORABLE has been denied access to the special- his high school equivalency degree and JAMES A. LEACH, MEMBER OF ized medical treatment that is needed hopes to study Web design. Needless to CONGRESS to detect a recurrence of the rare form say, the future looks considerably The SPEAKER pro tempore laid be- of bone cancer that he once battled. brighter for them in this country fore the House the following commu- Last Friday, Mr. Speaker, while Ed thanks to the compassion we have nication from Ginny Burrus, staff as- Pope was sitting in his bare prison cell shown in this Congress and that shown sistant to the Honorable JAMES A. in Moscow, this House passed a bill by the people of Oregon. LEACH, Member of Congress: granting U.S. residency to a Russian Following passage of the bill grant- OCTOBER 26, 2000. citizen named Marina Khalina and her ing her a new life in this country, Ma- Hon. J. DENNIS HASTERT, son, Alec Miftakhov. Marina and Alec rina said, ‘‘For us, this is freedom.’’ Speaker, House of Representatives, Washington, DC. live in Portland, Oregon, a mere 250 And indeed it is, Mr. Speaker. It is DEAR MR. SPEAKER: This is to formally no- miles from the parents of a man who is freedom that is being denied to Ed tify you, pursuant to Rule VIII of the Rules being unjustly held in their native Pope as he sits before a Russian judge

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25575 awaiting a verdict that could lock him added on to appropriation bills. One is tant to rural areas. We have hospitals away in prison for more than 20 years. blanket amnesty for 4 million people and skilled nursing facilities and home I know I am not alone in welcoming who have come to this country ille- health agencies that are waiting for Marina and Alec to Oregon, and I wish gally since 1986. this legislation and have come out very them well and the very best in the We do not think that we ought to be much in favor of it. It is about a $30 years ahead. We are a Nation of immi- about the business of rewarding people billion package. It has the support of grants. And as the goodwill shown to for breaking the law. Now, on the other the American Hospital Association, the Marina and Alec shows, we are a Na- hand, there are a lot of people in this American Cancer Society, the National tion of profoundly decent and compas- country who have come here legally Association of Rural Health Clinics. sionate people. But the generosity that and want to be reunited with their Most of the folks in rural areas of has been shown to Alec and Marina families, and we propose that as an al- this country understand how important stands in stark contrast to the inhu- ternative to the President’s plan. And this legislation is to their very exist- mane, unjust imprisonment of Ed Pope. yet the President is insisting upon ence and survival, and so they have If only the Russian government, in- blanket amnesty for 4 million people asked the President to sign it and not deed, if only the Russian President who have come to this country and are to veto it. And yet the President has could follow our example. here illegally. indicated that he will veto it, which I So I call upon President Putin not to One of the other issues that he has think leaves us with one conclusion, just reinforce the worst images of Rus- insisted upon is that action be taken in Mr. Speaker. That is that the Presi- sia in the minds of the people of the the area of hate crimes legislation, leg- dent has decided that this election year West by prolonging Ed Pope’s already islation which to my understanding is more important than doing the work lengthy imprisonment. Show Ed Pope has yet to be debated, has yet to be of the American people. Putting poli- the kindness that has been shown to considered in committee or anywhere tics ahead of people. Marina Khalina and Alec Miftakhov else. That is why I cannot be with my con- and release Ed Pope immediately. Another issue which separates us this stituents in South Dakota this f year, and granted in this election year evening. And as much as I would like these issues become more politicized to be home with my constituents, we WHY IS CONGRESS STILL IN but, nevertheless, we ought to be able have to represent their interests, get SESSION? to reach a compromise to take the poli- their work done, complete the agenda The SPEAKER pro tempore (Mr. GIB- tics out of some of these issues and do of the American people. I hope that the BONS). Under a previous order of the what is right for the American people. President will work with us. House, the gentleman from South Da- The President insists upon federalizing f kota (Mr. THUNE) is recognized for 5 education in this country. We happen minutes. to believe as a matter of principle that DEMOCRATS’ CONCERNS Mr. THUNE. Mr. Speaker, I would ob- our children are much better served REGARDING HEALTH CARE ISSUES viously rather be home in my home when it is school districts, administra- The SPEAKER pro tempore. Under State of South Dakota this evening. I tors, and teachers and parents who are the Speaker’s announced policy of Jan- have a couple of important meetings in control rather than the Federal bu- uary 6, 1999, the gentleman from New tonight. One was with the folks from reaucracy from Washington, D.C. Jersey (Mr. PALLONE) is recognized for Homestake Mine, a mine which has Mr. Speaker, when I travel across my 60 minutes as the designee of the mi- been in service in South Dakota for State in South Dakota, and I did dur- nority leader. about 125 years and which has recently ing the month of August meet with a Mr. PALLONE. Mr. Speaker, I lis- announced that it is closing. number of school districts, the thing I tened to the previous speaker on the I had a meeting scheduled there to heard over and over and over again is: Republican side, and I know he is well talk about those issues. How do we deal we need flexibility. Flexibility, flexi- intended. But I wanted to say that I with the issue of displaced workers? bility. Allow us to make the decisions feel very strongly that one of the rea- How do we deal with trying to help this about how best to put these dollars to sons we are still here, and certainly small community transition and diver- work. Do not have Washington telling one of the reasons that has been articu- sify its economy? us that they know best and coming up lated by the President in his opposition I also had a meeting this evening with one-size-fits-all solutions. School to this Republican tax bill that he has with a group of snowmobilers who were districts want flexibility. said he will not sign, he will veto if it interested in the National Park Service What else is keeping us here? We comes to his desk, is because Demo- proposal to ban snowmobile use in passed a tax bill. It had a minimum crats and the President and the Vice some of our National Parks, as well as wage increase on it, which is some- President feel very strongly that with with the President’s roadless initiative thing the President wanted. We passed regard to a number of issues, and I am and other things. a tax bill that includes the President’s going to spend time primarily this However, we are still here in Wash- new market initiative, something that evening on the health care issues, that ington, D.C., and I believe that the peo- he has worked with our Speaker to try the Republican leadership has simply ple of this country and the people of and accomplish. We passed a tax bill not done its job. South Dakota, my home State, need to that has the repeal of the telephone tax Mr. Speaker, we as Democrats are know why we are here. We are here, I which was put in effect in 1898 to fund very concerned about the average cit- believe, because the President con- the Spanish American War. It needs to izen and what we do in the House of tinues to insist on putting politics in be repealed. Representatives and feel very strongly this election year ahead of people. We passed a tax bill that allows for that on a number of issues, and again The President, in this budget, has the expansion of IRA limits, which is particularly with regard to health care, gotten literally everything he has something that I believe the President that the Republican leadership has asked for and more in terms of spend- has also indicated his support for in simply failed to address the problems ing. But it is still not enough. And it the past. Deductibility of health insur- that the average American cares about. begs the question, Mr. Speaker: How ance premiums for self-employed peo- We know that we are in times of much is enough? We are still trying to ple, another issue that is included in great economic prosperity and as a re- figure that out. What else is the Presi- the tax bill. sult of the President’s programs, that dent insisting on? Perhaps as important as anything prosperity continues. There is a signifi- Well, there are a number of issues un- else for the people in my State of cant Federal surplus for the first time related to the budget process itself South Dakota and all across rural now in a long time. But the problem is which he is also insisting that we move America is a Medicare fix for rural hos- that we still have some unmet needs, on, legislative provisions that would be pitals, something that is very impor- and particularly with regard to health

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What we see in this tax bill that The Democrats and the President have viders, nursing homes, home health the previous gentleman from South Da- been saying that in addition to the fact care agencies. kota (Mr. THUNE) mentioned, and that that they are giving this money to the At the same time, it would say that has been the discussion of much debate HMOs with no strings attached, they if the HMOs wanted to benefit from over the last few days, is that the Re- are taking away or they are not giving this additional money that was being publicans really are prioritizing what I sufficient funds or prioritizing funding provided under the bill, that they call special interests, particularly with for the providers of Medicare, the hos- would have to stay in the Medicare regard to HMOs, as opposed to the pub- pitals, the nursing homes, the home program for 3 years and they could not lic interest. health care agencies. They get signifi- reduce their benefits. I have been very critical of the fact cantly less percent of this money under b 1645 that this tax bill that came to the floor the Republican bill than the HMOs do, It seems to me that makes a lot of last Thursday gave the lion’s share of and yet they are the ones that are real- sense. We know the HMOs are getting the money to the HMOs without any ly providing the service. out of the system. There have been strings attached, without any require- The HMOs are just insurance compa- many reports, one done by the GAO, ment that they stay in the Medicare nies that ultimately go to the hospitals the General Accounting Office, just program. and the nursing homes to provide the last month in September that said that Many of my constituents have com- service. And these primary providers providing more money to the HMOs is plained to me about the fact that they are getting less of a percentage of this not necessarily going to make them signed up with an HMO under Medi- pot than the HMOs. Again, I would say stay within the Medicare system. So care, and then a year later or so they it is because the HMOs are aligned with why not try a different way of trying were notified that the HMO was no the Republicans and basically the Re- to get them into the system. longer going to cover them and they publican leadership is doing their bid- I want to talk a little more about had to find some other way to cover ding. some of the other things that we had in their health insurance. Granted, they Now, what do the HMOs do with the this proposal today because I think it can go back to the traditional Medi- money that they get from the Federal goes to the heart of my initial conten- care fee-for-service system, and that is Government? Well, first they provide tion that the Democrats are trying to fine. For most people, 85 percent of services. But we know a lot of them deal with the problems, the health care people who are under Medicare, that is spend a significant amount of that problems that the average American fine and that is great. money paying for their CEOs. They faces; whereas, the Republicans keep But there are problems in the sense have huge overhead, huge administra- trying to do something with this bill that traditional fee-for-service does tive expenses for a lot of their execu- that is primarily for the special inter- not cover prescription drugs. Many of tives. They do a tremendous amount of ests and for the HMOs. my seniors signed up for HMOs because advertising. That is how they get the Just to give my colleagues an idea, they were sort of lured into it by prom- seniors to sign up for the HMOs, doing we had additional money, as I said, for ises on the part of the HMOs that they all of this advertising and having these hospitals. We had additional money for would get a prescription drug benefit, meetings and giving out free dinners the staffing and quality control for and then all of a sudden they found and different things to get the seniors nursing homes. We had additional pay- that they did not have one. to come and sign up. ments to home health agencies. I have Well, what the HMOs did is they Then they also spend a significant been critical of the fact that the Re- came back to the Republican leader- amount of their money lobbying and publicans have not been willing to ship and said, look, we are getting out spending money on political ads to bring up the patients’ bill of rights, of Medicare because we are not getting lobby against the Democrats’ initia- which is the HMO reform that prevents enough money, so give us more money. tive, the Medicare prescription drug abuses in HMOs and says the decisions Give us a larger reimbursement rate, program that we have proposed, and about what kind of care one gets, what and we will get back into the program. the HMO reforms, the Patients’ Bill of kind of operation one gets, what kind The problem is that the tax bill the Re- Rights that we have proposed. of hospital stay one gets, that those de- publicans put up last week did not at- They also spend a lot of their money cisions should be made by the insur- tach any strings. They are saying, just in direct or indirect independent ance company and the patient and not okay, we are going to give 40 percent of expenditure contributions to argue by the HMO, the insurance company. this new money that we have in the against and for the defeat of Demo- The Republicans have not been will- surplus, or 40 percent of the money al- cratic candidates. I was one of the vic- ing to bring up the patients’ bill of located in this bill, to HMOs. But they tims of that. I found myself, 2 years rights. They passed it in the House, but do not say that they have to stay in ago in 1998, the target of an inde- it is dead in the Senate. So what we the program for more than a year. pendent expenditure primarily fi- put in this bill as an alternative to the They do not say that they have to nanced by HMOs and the pharma- Republican tax plan today also was a guarantee any particular level of bene- ceutical industry to the tune of $5 mil- provision that says that, if one has to fits. lion spent in the last 2 or 3 weeks of appeal a decision under Medicare be- Mr. Speaker, I actually had a motion the campaign to try to defeat me. cause one has been denied care by an which I brought to the floor yesterday, So it is no wonder that it costs the HMO, that one would have a better way or the day before last, which said that HMOs so much money to operate and to appeal that, go to an outside review in order to get this additional money why they feel they need more money to board, if you will, to make that appeal they would have to agree to stay in the operate, because so much of their ex- so the HMO would not, basically, be re- Medicare program for at least 3 years penditure goes for these other things viewing its own decisions. Somebody and they would have to provide the that are not health care related. else would. level of benefits that they initially Now, what the Democrats did today This is part of what we had proposed promised for that 3-year period. Of is we tried, when there was a bill that in the patients’ bill of rights. So we course, the reference is primarily to came up to correct this tax bill with were, not only trying to give more, we prescription drug benefits, which is regard to another aspect, a minimum were not only trying to level the play- why most seniors signed up for HMOs wage, the Democrats tried to bring up ing field with the HMOs and require in the context of Medicare. an alternative bill or amend the Repub- them to stay in the Medicare program The Republican leadership opposed lican legislation so that it included for longer period of time, we were also that motion and they basically say, some changes that would diminish the trying to address the issue or the need look, we want to give this money to percentage of the money that went to for HMO reform. the HMOs, and we are not going to the HMOs and give more as a percent- Now, the other thing that we were have any real strings attached to it. age basis to hospitals and primary pro- trying to do in this bill today, which I

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25577 think is a distinct improvement over and get more people involved in this February of 2000, but I have kept it be- what the Republicans had in mind, is kids health initiative. cause it really kind of says a lot about that it relates to the issue of the unin- So what we have in the Democratic what the HMOs do with the money. sured. If we ask Americans today about alternative that was discussed today This report found $4.7 million in health care and what are the primary but, of course, defeated was a way of questionable administrative costs problems, they will say HMO abuses, providing additional coverage, money among nine Medicare HMOs, including they will say the need for a Medicare that would be used to do outreach to lobbying and gifts. One insurer spent prescription drug. But for those who do get more children enrolled in the pro- $249,283 on food, gifts and alcoholic bev- not have health insurance, which is gram. erages. Four HMOs spent $106,490 for about 42 million Americans, they will Again, it is a different approach to sporting events and theater tickets. say it is the need to provide affordable what the Republicans have proposed, Another leased a luxury box at a sports health insurance so that they can get but I think it is an approach that will arena for $25,000. Customers, insurance health insurance. work in getting more people provided brokers and employees at one HMO Well, in this bill, in this tax bill that and covered by health insurance; were treated to $37,000 in wines, flow- the Republicans put forward last week whereas, I do not think the Republican ers, and other gifts. and has been the subject of discussion proposal accomplishes that. I gave the example the other day, Mr. for the last few days, the Republicans I want to stress throughout this be- Speaker, of where an HMO in my dis- said that they are going to give an cause I hear my Republican colleagues trict did this huge advertising cam- above-line deduction for individuals say that this tax bill is a great bill, and paign to get people to go to the local who buy their health insurance. I have the President should sign it because it diner. They offered them a Maine lob- been critical of that because it is not is going to help. ster dinner for the evening to get good going to help, again, the people who do Well, I am not going to argue that in people to sign up for the HMO. not have health insurance. In other some ways it might help a little; but I mean, this is crazy. Here we are words, most of the people that would given the amount of money that is being asked to give more money to the HMOs so that they can spend the be able to take advantage of that are being thrown to the HMOs, given the money for these administrative costs, people who already have health insur- amount of money that is being given to for this advertising, and these other ance and they will get a deduction. a lot of these special interests, it is not But what about the 42 million people going to help very much. things that ultimately do very little, if that do not. The type of deduction that We could use that same amount of anything, to help the average senior or the average American. is provided is not really going to pro- money in a different way under the Now I wanted to, if I could, Mr. vide a system for those 42 million, or Democratic proposal to really do a lot Speaker, spend a little time talking more to make sure that seniors who few of them, to buy health insurance about the Democratic alternatives on are on Medicare can find an HMO that because their problem is their em- the two issues of prescription drugs provides them with decent coverage, ployer does not provide it, and they and HMO reform, and I will probably including prescription drugs, we can do cannot afford it on the private market. also get in a little bit to the issue of a lot more to cover the uninsured with A little bit of a deduction the way the dealing with the uninsured. I talked so that same amount of money than what Republicans have set forth is not going far about these issues in the context of the Republicans are doing. to get them to be able to afford health this tax package today. insurance. Now, just to give my colleagues some But what I want to reiterate to my What the Democrats have been say- perspective on this, in the tax bill that colleagues is the fact that, over the ing with regard to the uninsured, and, the Republicans put forward and last 2 years, and even beyond, since the again, this is Vice President GORE’s passed, over one-third of the Federal Republican leadership has been in the proposal, is that we have to build on dollars were allocated to HMOs. It is majority here, there are major over- the existing kid’s health initiative almost 40 percent, 41, 42 percent. The hauls of all these programs that could which was passed here in the House of Republican plan increases payments to have been done and that, in fact, were Representatives and became law a few Medicare HMOs by over $10 billion over proposed and even in some cases voted years ago, that provides Federal mon- 5 years and over $30 billion over 10 on by the House that were initiated by ies back to the States so that they can years, despite the fact that only 16 per- the Democrats with the help of some sign up children of working parents cent of Medicare beneficiaries are en- Republicans that would have made a who now cannot afford health insur- rolled in HMOs. huge difference in people’s lives with ance. Well, keep that in mind. In other regard to seniors access to prescription What Vice President GORE has been words, if one has this senior, group of drugs, with regard to HMO abuses, with saying, what President Clinton and seniors and disableds that are in Medi- regard to the problem of these over 40 what the Democrats have been saying care now, only 16 percent of them are million Americans that have no health is let us expand that program to a lit- in an HMO. Yet, when we address the insurance. tle higher income level so that the kids issue of trying to provide additional Yet, in each case, the Republican whose parents work but maybe are a funding for Medicare, we are going to leadership stymied and tried to prevent little above the current guidelines will give for those 16 percent 40 percent of this legislation from coming to the still be able to take advantage of this the money. The other 85 percent who floor or, even if it did pass, they killed program. would benefit more from having this it in the other body or they did what- We have also been saying that, per- money go to the hospitals or the nurs- ever they could in conference between haps, we should let the parents of these ing homes or the home health agencies the two Houses to make sure that it children buy into the program. It is directly, they are only getting 60 per- did not move forward. more likely that if a parent can pro- cent of the money. I guess the best example of that is vide or get health insurance for their It makes no sense, other than if one the issue of HMO reform, which I still children, that they would like to sign looks at it from the perspective that think, along with Medicare prescrip- up the whole family for this program the Republicans are with the HMOs be- tion drugs, is the number one issue with these Federal dollars. cause they are helping them with their that I hear back at home in my district So I have been critical of this Repub- campaigns. They are trying to get rid in New Jersey. lican tax plan because it really does of Democrats, and they are doing all What the Democrats were saying not do anything to get more people en- these other things to help the Repub- with regard to the HMO issue is that rolled in health insurance who do not lican cause. we are tired of the abuses where the have it. I would like to see some I also wanted to give my colleagues HMOs will say to an individual or a pa- changes, instead, in some money used another example. This was an article tient, okay, you cannot have this par- under this bill to sign up more people that I took from USA Today back in ticular operation or you cannot stay in

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25578 CONGRESSIONAL RECORD—HOUSE October 30, 2000 the hospital this particular length of to a particular specialist. I will give run system in the sense that the gov- time, or we are not going to let you my colleagues an example of pediat- ernment pays the cost. So why should have this particular medical equipment rics. They will say one can only go to we not expand it to include prescrip- because we do not think it is nec- a certain pediatrician, but one cannot tion drugs? essary. go to a pediatrician who specializes in When Medicare started in the 1960s, We want to change that. The Demo- certain disorders. prescription drugs were not that im- crats and some of the Republicans Well, we say no. One has to be able, portant. Preventive medicine was not want to change that so the decision if they do not have the physician or the that important. It has become so. Peo- about what is medically necessary and pediatrician in my example who deals ple now can pay incredible bills, $4,000 what kind of care one gets is made by with that specialty care within their or $5,000 a year, sometimes more, for the physician and the patient, not by network, then one has to be able to go prescription drugs. So we need to cover the insurance company. In addition, we to the doctor outside the network, and this under the rubric of Medicare. And want to give one some enforceable way they have to pay. rather than hoping that people will be of rectifying a grievance if one has It guarantees that one has access to able to find an HMO that covers it, and been denied care because the insurance a fair and timely internal and inde- only 15 percent have, 15 percent of the company said one cannot have it. pendent external appeals process. This seniors as we have said are all that are Now, the answer to this that we put is what I said before. The HMO does in HMOs right now, let us provide it as into bill form was a bill called the pa- not hear one’s appeal. An independent a basic benefit under Medicare that tients’ bill of rights, also known as the group does outside of the HMO. It also anyone can sign up for. Well, I will not get into the details, Norwood-Dingell bill. It was mentioned assures access to clinical trials, assures but that is essentially what the Demo- by the Vice President in the last de- patients can keep their health plans. crats advocated. And what do we see on bate that he had with Governor Bush. There are a number of other things. I the other side? The Republicans say, He actually asked Governor Bush am not going to go into all the details no, we do not like Medicare, why in the whether he would support the Nor- because, you know, for lack of time. world would we want to expand it to wood-Dingell bill and Governor Bush b 1700 include prescription drugs? Instead of did not respond or certainly did not in- doing that, we recognize the fact that dicate that he would support it. What happened to this Patients’ Bill The patients’ bill of rights really of Rights? Well, when it was put to- people below a certain income, seniors below a certain income need some sort does two things. It switches the deci- gether by the gentleman from Georgia of help; and so we will provide a sub- sion making from the insurance com- (Mr. NORWOOD), who is a Republican, sidy or a voucher for them if they are pany to the doctor and the patient; and and the gentleman from Michigan (Mr. below a certain income, and they can it says that, if the insurance company DINGELL), who is the chairman of our go out and either get an HMO to cover denies one care, we are going to give Committee on Commerce on the Demo- their prescription drugs with that one a way to go to an independent cratic side, we could not get it brought voucher, or that subsidy, or they can board that could overturn that nega- up on the floor of the House. The Re- find maybe some insurance company tive decision, or failing that, or absent publican leadership did not want it brought up. So we got a discharge peti- that will just cover prescription drugs. that, one could go to court and have Well, that is not the answer. It is not the court enforce one’s rights and tion. This is where we all come to the floor, as many of us as we can, and sign the answer for a number of reasons. make sure that one has the service First of all, because the majority of the a petition demanding this bill be voted that one and one’s physician thinks are seniors would not be covered. The sen- on, be considered on the House floor. medically necessary. iors that complain to me about not As the number of that discharge peti- But let me just go into some of the being able to afford prescription drugs tion increased and got to be almost a other provisions of this bill before I are not just the poorer ones, they are majority, the Republican leadership talk about its fate and why I blame the the average senior. They are every- decided that they would let a bill come Republican leadership for its not pass- body. Obviously, maybe the people that to the floor. ing in this Congress. The legislation, are above a certain income do not care, Eventually, not easily, it was ap- first of all, protects all Americans and but I find that 90 percent of my seniors proved by a majority of the House. I all health plans, it is not limited to feel that they are having a problem certain types of health plans. think something like 60 Republicans paying for their prescription drugs. So It assures access to all emergency even voted for it. But then, when it the Republican bill does not even ad- rooms when and where the need arises. went over to the Senate and there was dress the problem for the majority of Many of the HMOs now will say one a conference between the two Houses, the middle-class seniors. can only go to certain hospital emer- the Republican leadership here contin- In addition to that, I do not think gency rooms even if one feels that one ued to oppose it, and the Republican the Republican proposal works. Again, is having a heart attack. If one goes to leadership in the Senate had always op- it is primarily linked to HMOs, a per- the local emergency room rather than posed it; and so they just basically let son’s ability to find an HMO that will the one they tell one to go to that is 50 the conference die. I think the con- cover them. We have already had expe- miles away, and one does not die, then ference met once or twice; but that was rience with the HMOs, so many of they will come back and say, well, you it, and the bill is dead. They will not which have dropped Medicare. Why should have gone to the other emer- bring it up. So when I blame the Re- should we believe this is the answer, gency room 50 miles away, and they publican leadership for not addressing particularly since only 15 percent of will not pay for it. the issue of abuses within HMOs, it is seniors are covered by an HMO? Or Well, this says that is not acceptable because of the fact that they have basi- even worse, why should we believe if we if one thinks that one needs to go to cally killed this bill. give a voucher they will be able to find the emergency room, one has a legiti- The second major issue is the one a company to cover just prescription mate reason, one has chest pains or with regard to prescription drugs, and drugs? I do not know any company that whatever, they have to pay for it. this of course has become a major issue would do that. They might find one, Some people are surprised to find in the Presidential campaign. What the but I feel confident it will be a pretty that is true until they have the emer- Democrats have been saying, and Vice lousy policy, if they can even find it. gency and they find out it is not paid President GORE of course the same, is So Democrats are saying forget the for. that we have an existing Medicare pro- ideology. Practically speaking, the The patients’ bill of rights also guar- gram for seniors and the disabled that only way we will get all the seniors, or antees access to the specialists the pa- works well. Medicare does not have a most of the seniors being able to have tients need. One of the ways that HMOs huge overhead, administrative costs, a prescription drug program that cov- limit care is they will say you could go and it works well. It is a government- ers most of their needs is if we put it

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25579 under Medicare. Forget the ideology, part of this addressed on a bipartisan have to be at a much larger amount forget liking or not liking Medicare, basis, is let us see what the govern- than what Governor Bush and the Re- forget the fact that it is a government ment can do to cover these people in publicans have proposed. program. It works. This is the way to some way. A couple of years ago we got These are the things that need to be do it, and probably the only way to do together with the Republicans, and done. Again, they are not being ad- it given the marketplace and what is again I will not give them too much dressed here by the Republican leader- out there. credit because they fought this thing ship; and I just find it tragic that at a Again, we tried to bring this up; but tooth and nail until the bitter end, time when we have a surplus, and when it was opposed by the Republican lead- when they finally agreed to it, but they we know that most of the American ership. They did not want to bring it finally agreed to the CHIP program to people would support these initiatives, up. They brought up their own pro- give money back to the States so that that the Republican leadership refuses posal, defeated ours, and even their they could sign up kids below a certain to go along with them. proposal has not moved in the Senate income. I guess the last thing I want to do and nothing has happened to it. So Now, I want everyone to understand this evening, Mr. Speaker, is to point they are simply not addressing the that this is not welfare. These are not out that what I am proposing, what the issue at all. I suppose they would argue people that are not working. They are Vice President has proposed, and what that this tax bill that I started talking eligible for Medicaid and are already the Democrats have proposed, not so about earlier this evening addresses it covered. These are working people who much based on any partisan ideology in some way by giving more money to have children, but because the em- or any notion about Democrats being the HMOs, but unless they guarantee ployer does not provide a health care better than Republicans, but only be- the HMOs stay in Medicare and provide benefit or because they cannot buy it cause we have been out there and we a prescription drug program at a cer- privately, it is too expensive, they do have talked to people and we realize tain level, I do not see how it helps. not have coverage. So we put together what can be done by the Federal Gov- Practically speaking, I do not think it this CHIP program, and we covered ernment in practical terms that would helps. kids up to a certain percent of poverty. make a difference in people’s lives. I do not come down here to argue D So there again, the second important But again these are not kids in pov- versus R, or who is going to be Presi- health care issue that affects the aver- erty. I am not sure what we would call dent or anything like that. I really age American has basically gone down them, perhaps lower middle class, want to get things done that will help in flames in this Congress. There are a working class parents. my constituents. Every one of the couple of days left here, but the Repub- I have to point out also that not only things I mentioned tonight is directly lican leadership refuses to address it; did we have initial opposition by the related to somebody or some group of yet they keep saying they care about Republican leadership to this, but people who have come to me personally the average person and they are going when it went back to States, and par- and said this is what should be done. I to do something to help. ticularly to Texas in the case of Gov- would just give a few examples. Now, the last thing I wanted to dis- ernor Bush, he tried to limit the pro- I can give an example of a woman cuss with regard to health care, and I gram to, I think, 150 percent of poverty who is a waitress in a restaurant in my have already touched upon it in the rather than 200 or 250 percent of pov- hometown. When I am back in the dis- context of this tax bill that I talked erty. But he eventually went along trict, I often go to lunch there. She about earlier, is the need to cover the with it, with I guess the Democratic came to me one day and said, I work in uninsured, over 40 million. How do we legislature insisting on the 200 percent, this luncheonette, and I have a very do it? and it was passed. good relationship with the owner of the Well, what the Democrats have been What the Democrats have been say- place. It is a small place. And I know saying is that absent universal health ing, or Vice President GORE has been the owner as well. He actually came care insurance, which some are for and saying, is let us raise the level of that over to me at one point and said that some are against, I happen to be for it, to 250 percent of poverty or even high- he really would like to provide health but not everyone is even within the er. That is not really poverty, that is insurance, but given the way things Democratic party; but absent universal an income of maybe $25,000 or some- are, he could not afford it. But I told health care, what can the government thing like that. But a lot of people that her about the CHIP program and how do to try to address the problems of are making $25,000 or $30,000, or even we were trying to pass the CHIP pro- these 40 million-plus Americans that $35,000, they cannot afford health in- gram. I think she had a daughter. I am have no health insurance? Well, when surance for their kids if they have to not certain exactly, but she hoped to we break it down, we realize that the go out and buy it privately. So that is get her child enrolled in the program. largest group that was not covered what we are proposing for the kids. When we finally did pass it and it be- were children, and the second largest With regard to the near elderly, what came law and I made her aware of it, group that were not covered were the we are saying is we will let them buy she went out and enrolled her in the near elderly, people between 55 and 65 into Medicare and pay so much a program. She came back a couple of that are not yet eligible for Medicare month, maybe $300 or so a month, and months later and told me that she had but a lot of times find themselves, ei- they can get into Medicare by pur- enrolled and she had the benefits. It ther because the working spouse died chasing Medicare at the going rate of gave me such a good feeling that I and the nonworking spouse, usually whatever it costs the government. could come down here, and that we all the wife, is not covered at that age, or Then, as I mentioned before, the Vice can come here, and accomplish some- because her husband died she does not President has also proposed, and I have thing. Of course, then she found out have coverage, or in some cases a per- been in favor of the idea, of letting the that the Vice President is now talking son got an early retirement and the parents of the kids who are in the Fed- about letting the parents of these kids early retirement did not cover their eral kids care program to sign up and enroll in the same program, and she is health benefits. Basically, they are be eligible for the kids care program as hoping that we will be able to accom- waiting for Medicare to cover them at well. If we did all that, we would make plish that as well. 65, but for those 10 years or so they are a significant dent in that 40 million or Then I have another example, which without health insurance, and they so who do not have health insurance. I have mentioned a couple of times on find it unaffordable to buy it in the pri- We could also link that to a tax de- the House floor, about HMO abuses. I vate market. duction as well. We could also provide have had so many people contact my So what the Democrats have been some sort of tax incentive or tax de- office because they were denied care, saying, what President Clinton and duction to the employer to try to get they were thrown out of the hospital Vice President GORE have been saying, more of them to provide health insur- early, or they could not get a par- and we actually managed to get one ance for their employees, but it would ticular operation that they needed. I

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25580 CONGRESSIONAL RECORD—HOUSE October 30, 2000 mentioned the example with the senior here. And, of course, the gentlewoman trolled legislature and Republican gov- citizens that were, I say, lured into is the representative of the Virgin Is- ernor, passed a State prescription drug this diner one night for this lobster lands and is a physician and has been benefit that was very similar to what dinner. very active on these issues. Governor Bush and the Republicans What we have to keep in mind is that Mr. Speaker, I yield to the gentle- here in the House have proposed, basi- many of these seniors, before they were woman from the Virgin Islands (Mrs. cally a subsidy below a certain income. in HMOs, had pretty good coverage CHRISTENSEN). I am not sure about the income aspect, under traditional Medicare. The only Mrs. CHRISTENSEN. Mr. Speaker, I but it was a subsidy in a voucher that reason they got into the HMO is they just wanted to join the gentleman in let people go out and buy their own thought they would get a better deal. the discussion for a moment about the prescription drug insurance plan. Sometimes they are not very sophisti- HMO give-backs. Because I was in Mil- For the longest time, I mean at least cated about what that deal is. They do waukee yesterday visiting a church until the end of the summer when we not necessarily read the fine print in and one of the parishioners, a Ms. got back after Labor Day, there was the contract when they sign up. And Riley, and this was at Greater Galilee not one insurance company in the then they do sign up and find out that Church in Milwaukee, came up to make State that would offer the benefit. And it is not what it is supposed to be, or an announcement to the congregation so, the seniors were going without. they are told or they get a notice say- and in that announcement she told Now, I was told a few weeks ago that ing they are going to be thrown out of them that, as Medicare beneficiaries, now there is an insurance company the program within 6 months, and they the HMOs in their area were doubling that says that they are going to offer do not necessarily understand that their premiums. the benefit. But again, I wonder what they can go back to the old traditional I thought that was outrageous. Be- kind of benefit it is going to be and fee-for-service program. It has to be ex- cause I thought here they are asking how long they will stay in the pro- plained to them, and a lot of times for 40 percent of the Medicare give- gram. they do not even believe that. back and they are still gouging the So this disruption in their lives, I get the impression, I think it is the seniors, at least in Milwaukee, and I ideology when I talk to so many people going back and forth, and the idea that am sure it is happening in other parts somehow they will be able to choose on the Republican side, not everybody of the country, as well. but a lot of them, it is sort of this ideo- and they will be able to make decisions Mr. PALLONE. Mr. Speaker, reclaim- logical thing that, we like the fact that easily about which program is better, ing my time, this goes right to the we are going to give them the voucher to some extent it is a hoax. I would heart of what I have been discussing and they are going to go out and shop like to believe that all seniors can and my colleague and others on the around because it is sort of like a capi- make intelligent choices, and I am sure other side of the aisle have been dis- talist thing and, so, idealogically it is many can, but a lot of people, when cussing over the last 2 years and par- very good. But so what? It does not they become older and frail, they do ticularly in the context of this tax bill work. I am a capitalist, too. But what not have the ability to make those that the Republicans put up. is the point if it does not work? choices. So they buy into these ads, ei- What we are saying, with the pre- ther on TV or on billboards or in the scription drug issue in particular, is we Mrs. CHRISTENSEN. Mr. Speaker, I local media, that convinces them that would rather have the Medicare pro- think the point of the gentleman is somehow this is something better, and gram cover it because then they have a that our seniors should not have to be then they are shocked when they find guarantee, they know what the pre- made to shop around for prescription out it is not better or they cannot even mium is, they know what the benefits drug coverage. continue with it if it happens to be a are, they know what drugs they are I would like to talk about an issue good program. going to get, they know what the co- that came up today. I have joined the b 1715 payment is, all those things that pro- gentleman on the floor, as he said, sev- eral times this week on health care So again, when I talked earlier about vide stability and I think are impor- issues and also on education issues by why we are giving so much money to tant for seniors. Because they look for the way. But today I am asking for this the HMOs and not to the hospitals, stability in particular. time, and I appreciate the gentleman well, I had a hospital close in my dis- What we have now is the system yielding to me, to express my great dis- trict. South Amboy Memorial Hospital where they get a notice I guess 6 appointment that S. 1880, which is the closed in my district and cited the fact months before, at least they have 6 that they had inadequate Medicare months before they are dropped or they Minority Health and Health Disparities payments. are told that the premium is going to Research and Education Act of 2000, So when I say we are giving money to double or they have a higher co-pay- was not passed with the other suspen- HMOs when the hospitals need it, I am ment and they just do not know from sion bills today. not talking pie in the sky. I am talking one day to the next where they are But more than my disappointment, I about a hospital that closed and was going to be with the HMO. am really disturbed by some of the race serving people and now people have to I mean, this is a good example of the baiting, ultra conservative propaganda go farther away to an emergency room problem. that is being used to distract Members in another hospital. Mrs. CHRISTENSEN. Mr. Speaker, if from the important issue that this bill I know we are at the end and there is the gentleman would continue to yield, would begin to address and the impor- probably not much that is going to be is it not true that where prescription tant role that establishing such a cen- done. But even if the only thing that drug coverage has been tried in some ter at the National Institutes of Health we can do is correct this tax bill that States that trying to do it through pro- has, the role that it would have in the Republicans have put forth by viding it through HMOs is not working eliminating disparities that all people staying here a few more days and hav- and that is why the Democratic pro- of color and people in the low socio- ing the President threaten to veto, posal and the Vice President’s proposal economic status suffer in this country. even if we can just accomplish that and to provide it through Medicare is a I think that the gaps in health care the alternatives that we propose today, much better way, it assures the seniors that we experience in this country is at least we will have accomplished that it will be there when they need it? an ugly blemish on the record of our something and I will feel that the last Mr. PALLONE. Absolutely. I have Nation and that each and every Mem- 2 years have not been in vain in this re- mentioned before a couple times on the ber of this Congress should want to re- gard on so many of these important floor, I have not mentioned it lately, move it by remedying the years of ne- health care issues. that I think it was in March sometime glect and in some cases the outright I am glad to see that one of my col- in the spring of this year that the denial of health care to the citizens of leagues from the Democratic side is State of Nevada, under Republican con- color in this country.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25581 The bill, S. 1880, is a key part to be- plays an essential role in under- cussed tonight, but unfortunately it ginning this process. It was cham- standing the disparities and in uncov- seems to fit the pattern where the Re- pioned here by the gentleman from Illi- ering the factors underlying them and publican leadership does not want to nois (Mr. JACKSON) the gentleman from developing the points of intervention address so many of these health care Mississippi (Mr. THOMPSON) and the and improved methods of treatment. issues. gentleman from Georgia (Mr. LEWIS) Such research also provides the only But unlike with most of the things I and in the Senate by Senator EDWARD means by which we can derive the discussed tonight that are probably too KENNEDY. It has enjoyed wide support knowledge necessary to prevent dis- late, it is not too late for that of the at the Department of Health and ease. gentlewoman. I hope we can get the Human Services, particularly that of A few points of information that will leadership to bring it up on suspension. our Surgeon General, Dr. David help paint a clearer picture: The gaps Mrs. CHRISTENSEN. Mr. Speaker, Satcher and many in the wider health between life expectancies for blacks and the leadership on both sides have community, such as the National Med- and whites have widened in recent been willing to work on bringing it ical Association and the Association of years. Although infant mortality in Af- back. There are some objections on the Minority Health Professions Schools rican-Americans has decreased some- other side of the aisle and from some under the leadership of Dr. Lewis Sul- what, the disparity has increased. And conservative groups in the country livan, who is the President of More- the same pattern is seen in Native which have sent e-mail wrongly identi- house School of Medicine and former Americans and Alaskan Natives. fying the bill as a quota bill. It does Secretary of Health and Human Serv- Under heart disease, the data indi- not provide a quota for research. It ices himself. cates that the prevalence of cardio- does particularly state that minority We have also been really grateful, as vascular disease is higher among Afri- research would be done because we are we tried to work this through over the can-Americans than among their white the ones who experience these dispari- last 2 years, for the support of the now counterparts. Cardiovascular disease is ties that must be eliminated. But it acting Director of NIH, Dr. Ruth nearly two times higher among Afri- also does not exclude anyone. It is for Kirschstein. can-American women than among their any population group that experiences If I might just point out one of the counterparts. And recent research has disparities and gaps in their health sta- key provisions of S. 1880. It establishes shown that African-American women tus and their access to health services. Among those would be our rural citi- a National Center on Minority Health of the same socioeconomic status and zens. People in the rural areas of this and Health Disparities at the National education level, with everything being country are also suffering from dispari- Institutes of Health, which would con- equal, they are the least likely to re- ties in health care regardless of their duct and support basic and clinical re- ceive the diagnostic tests and the race or ethnicity. And so, we feel that search, training, and the dissemination treatment compared to other women. the bill is important. I think to the ex- of health information with respect to In cancer, despite significant ad- tent that there are citizens in this the health of racial and ethnic minor- vances in the detection and treatment country who still do not have access to ity groups, as well as other popu- of several forms of cancer, the data health care who do not enjoy the same lations, who are suffering health dis- continues to indicate that commu- quality of life as others because of parities. nities of color continue to suffer dis- It authorizes the Director of the Na- health disparities, the country’s health proportionately in terms of occurrence, tional Center, in collaboration with all in general suffers and I think it is the lateness at which the cancer is dis- of the other NIH institutes and centers, something we need to address. covered and death from cancer. to establish a comprehensive plan and This bill, which has been worked on And AIDS we have talked about a budget for the conduct and support of for many years, as I said, has been lot. African-Americans comprise ap- all of the minority health as well as worked on on a bipartisan basis with proximately 12 percent of the popu- other health disparities research ac- the Department, the Congress, the lation, yet we are 37 percent of those tivities at NIH. It establishes an extra- White House, nonprofit national health diagnosed with AIDS since the begin- mural loan repayment program for mi- organizations for years. Is a good bill nority health and health disparities re- ning of the epidemic. and we would like to have it passed. It In 1998, the rate of reported number searchers. is past due. It authorizes the Agency for Health of new AIDS cases was eight times Mr. PALLONE. Mr. Speaker, I agree Care Research and Quality to conduct higher among African-Americans than with the gentlewoman. I am glad that and support research to improve the among whites. And we could go on and she came down to voice her concern. As quality of outcomes of health care on. I said, although some of these larger services for health disparity popu- So I just wanted to say in closing issues probably cannot be addressed in lations. This research would focus on that this bill was been worked on on a the last few days that we are here, cer- identifying the causes of health dis- bipartisan basis in the committee. It tainly her issue and I think the whole parities, including barriers to health went through the normal committee issue of changing the priorities in this care access and environmental factors. process before it was brought to the tax bill so that we address the prob- It also authorizes the Department of floor. It passed the Senate unani- lems of the providers, the hospitals, Health and Human Services Secretary, mously, which indicates that Members the nursing homes, the home health through the Health Resources and in the other body with widely disparate agencies, and also trying to make sure Services Administration and several views supported this legislation. It was that whatever money we give to the other agencies, to support research and on the suspension calendar today. It HMOs has some strings attached so demonstration projects conducted by was pulled. that we know that they will stay in the both public and nonprofit entities I just want to ask my colleagues who Medicare system for our seniors. aimed at developing curricula to re- are opposing the bill to take another duce disparities in health care out- look at it, work with us, withdraw b 1730 comes, including curricula for cultural their objection to the bill, and I ask These things still can be addressed. competency in graduate health profes- the leadership of the House to work to- You and I will work together and keep sions education. gether to bring the bill back to the speaking out to make sure that in the And lastly, it authorizes the Sec- floor and have it pass before we leave last few days they are addressed. retary to establish an advisory com- to go home, if we ever leave to go Mrs. CHRISTENSEN. I thank the mittee on cultural competency and home. gentleman for yielding on something health professions curricula develop- Mr. PALLONE. Mr. Speaker, I want that I feel is very important. I look for- ment. to thank the gentlewoman for her re- ward to working with the gentleman The bill is a good bill and it is an im- marks. I hesitate to put this in the on these health care issues and other portant bill. It is needed. Research context of everything else I have dis- health care issues.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25582 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Mr. PALLONE. Let me say, Mr. In this case there are two competing change managed care and to make it Speaker, that again I know we only ideas on patients’ rights legislation: more pro-patient and more pro-doctor. have a few days left here; but we cer- one is the idea advanced by Democrats, But we need legislation that will ac- tainly, and I will speak for my Demo- the idea which they are pushing, the complish that goal, that will take cratic colleagues in the leadership, are idea which their ads talk about, the power away from the managed care in- going to continue to push every day idea which the President is saying he dustry, to tell doctors how to treat and every night both on the floor, dur- supports; and that proposal sadly does their patients and move that power ing the legislative day and as well as not help patients. That proposal helps over to patients and doctors to deter- during the Special Orders at night to trial lawyers. Rather than just talk mine what the standard of care ought make sure that these health care ini- about that, I am tonight going to ex- to be in America. tiatives are addressed and that these plain exactly, precisely, how their leg- I am adamantly for managed care re- concerns for the average American islation would advance the cause of form, and I am a Republican and I have with regard to health care are met. trial lawyers but do literally nothing fought for that legislation since I have f to help and in fact hurt patients and gotten here. One of the offhand re- weaken the position of doctors to con- marks of my colleague just a moment ANNOUNCEMENT BY THE SPEAKER trol health care in America. I think ago was that the conference only met a PRO TEMPORE that is the debate that needs to occur. few times. Well, my colleague was not The SPEAKER pro tempore (Mr. GIB- I think we need to understand why, on the conference. I was on the con- BONS). The Chair would remind Mem- yes, patients’ rights legislation is vi- ference. We spent countless hours try- bers that it is not in order in debate to tally important for this country. There ing to reconcile the differences be- characterize Senate action or inaction. are serious problems in managed care. tween a pure trial lawyer piece of legis- f But how you enact that legislation, lation that will not help patients and a MANAGED CARE REFORM what it does, is so critically important piece of legislation that would advance and why, sadly, the bill that the Demo- the cause of doctors and patients. I am The SPEAKER pro tempore. Under crats are advancing, and they call it a going to explain that in my remarks. I the Speaker’s announced policy of Jan- patients’ rights piece of legislation, in tell you that every other Republican uary 6, 1999, the gentleman from Ari- fact is fatally flawed in its structure, with whom I served on that conference zona (Mr. SHADEGG) is recognized for 60 because instead of giving patients more committee and the Speaker himself minutes as the designee of the major- power, instead of giving doctors the who was asking in the last several ity leader. Mr. SHADEGG. Mr. Speaker, I appre- ability to set the standard of care and weeks to try to bridge this gap and try ciate this opportunity to address my to decide how patients are treated in to pass legislation, they are all ada- colleagues and to talk about, in fact, America, that legislation takes power mantly for the passage of meaningful the exact same subject that my col- away from HMOs, and that is good, but legislation that will empower patients league from the other side of the aisle, instead of giving that power and that and doctors and solve this problem. from the Democrat side of the aisle, authority to set the standard of care in As to my own bona fides on this issue just addressed. He talked about a wide America to doctors where it belongs with the gentleman from Oklahoma range of medical issues. I am going to and to patients where it belongs, their (Mr. COBURN), who is going to join me do that in this hour as well, but I am legislation gives that ability to trial later in this Special Order, we wrote going to begin by focusing on the issue lawyers to take the issue directly to the Coburn-Shadegg managed care re- of patients’ rights legislation, the issue court. form bill, the Coburn-Shadegg patients’ of HMO reform, the issue of managed We have heard just a few minutes ago rights legislation. That bill would have care reform. After I have spent some in the rather partisan remarks by my put the emphasis precisely where it time on that and focused on why that colleague from the Democrat side that should be. It would have empowered issue is so critical and why I so strong- the Republicans are for the special in- doctors and patients to resolve medical ly disagree with much of what was just terest of HMOs and that Democrats are questions, doctors in consultation with said and how sad I think it is that this for the people. Sadly, that charge is their patients to set the standard of debate has boiled down to this struggle just flat false. Let me start with my care; and it would not have given that where one side is saying the other side position. I have been passionately power over to trial lawyers. It is sad is just carrying the water for a special fighting for patients’ rights legislation, that it has gotten tied up in this kind interest, then I would like to turn per- the right patients’ rights legislation, of a debate, but it has. haps in the latter half of the hour to for the last 2 years. I have met with Everyone who understands managed the issue of the Medicare drug benefit countless doctors from all over the care reform understands that we need and perhaps other topics that are country, many in my State, I cannot to reform the system in a way that will worth talking about and that were tell you how many, my own medical as- be pro-patient. Let us start with why raised in the remarks in that regard. sociation in Arizona; and I have talked we need managed care reform. It is im- Again, I want to focus tonight on the with them for hours and hours about portant to understand how managed issue of patients’ rights legislation, the how do we go about fixing the problem care works in America. It was a reform issue of a Patients’ Bill of Rights, the with managed care in America, how do idea itself to try to hold down the costs critical question facing our country of we deal with the problems that have of medical care in America. In that managed care reform, HMO reform. We been created by managed care in Amer- sense, it has worked to some degree; are in the midst as everyone knows of ica. but sadly it has been abused, and it is a political campaign. There are ads In every one of those conversations, I susceptible of abuse and we need to fix running across the country saying that have never once heard, well, Congress- that. it is sad that my party, so these ads man, the way to fix it is to let lawyers Let me talk about why we need to fix say, has blocked, the Republican step into the middle of the process, it. Right now in America, in our man- Party, has blocked the passage of pa- take a claim by an injured patient, aged care system, a given doctor meets tients’ rights legislation. I simply want take my request as a doctor to get my with his or her patient, does an exam- to start by saying that is not true. In- patient care and have a lawyer step in ination and decides the patient needs a deed, the opposite is true. We have and rush to court and file a lawsuit. particular type of care. And so that worked very hard to pass patients’ Never has a doctor in America in my doctor makes the recommendation for rights legislation that will help pa- home State or anywhere else that I the care and goes to their managed tients. That is the key difference. have met with said the answer to this care plan and says, ‘‘My patient needs Sometimes it is said that the devil is in problem is to let the trial lawyers ad- this care.’’ There is an initial review of the details and the devil is in the de- dress the issue. The reality is we do that claim, sadly often by an HMO bu- tails. need patients’ rights legislation to reaucrat, not a medical personnel, but

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25583 a nurse or someone else; and let us as- managed care plan can simply walk why have Republicans not embraced sume it is turned down by the plan. away and say, ‘‘Wow. Our mistake in- the Democrat Patients’ Bill of Rights? There then is in some instances an in- jured or killed somebody, but since There is a simple answer to that, and I ternal appeal, an appeal to doctors at we’re a managed care plan and we are am going to explain it here today. It is the managed care plan. If you follow operating under this Federal law called because the Democrats’ Patients’ Bill that structure, if there is no appeal be- ERISA, we can’t be held accountable.’’ of Rights will not help Mrs. Corcoran. yond that, you have a doctor, a treat- I think that is an outrageous structure The Democrats’ Patients’ Bill of ing physician, saying that his or her for the law. Every one of us knows that Rights would, in fact, hurt patients. It patient needs care. And then you have if we make a mistake, if we, let us say, would, in fact, hurt doctors. It would, a managed care bureaucrat, an HMO run a red light at an intersection and in fact, hurt businesses across Amer- bureaucrat, saying, no, you do not get our negligence injures or kills some- ica; and it would, in fact, cause more the care. That is where the first point body, we are responsible for that injury uninsured Americans. There is one of abuse is. and hopefully our insurance policy will group that the Democrats’ Patients’ In America today under that system, make the injured person whole, will Bill of Rights would help and there, is a managed care bureaucrat can turn pay damages for them. Sadly, even one group that is supporting the Demo- down the request for care by the treat- though every business in America, crats’ Patients’ Bill of Rights, and that ing physician, and they can turn it every homeowner in America, every group is tied to them through contribu- down perhaps for the wrong reason. car driver in America, every one of us tions, and that is the trial lawyers. They can turn it down to protect the in America is legally accountable when b 1745 profits of the managed care company, we injure or kill somebody, that is not rather than to protect the care of the the case for federally governed ERISA The Democrats’ Patients’ Bill of individual. I have been working on this managed care plans. They have as a re- Rights, the bill that has been debated issue, and I have been in my district sult of this Federal law an interpreta- on this floor, the bill that the Presi- when hundreds of people have talked to tion of it by the United States Su- dent says he wants to pass, moves me over time about how they or a preme Court, immunity. They cannot power away from HMOs and moves it member of their family, their mother, be held liable when they injure or kill directly to not doctors, not patients, it their father, their daughter, their sis- someone. That is a tragedy, and it moves it directly to lawyers. That is a ter, their brother was abused by a man- should be fixed. That is why I have problem, and let me explain how that aged care company when the treating fought for patients’ rights legislation Democrat Patients’ Bill of Rights, it is physician said my patient needs this and fought to hold plans accountable. known as Dingell-Norwood, works. The care and the HMO denied the care for a The best story on that is the story of Vice President referred to it in the de- specious reason. Mrs. Corcoran. Mrs. Corcoran became bate the other day. I do not know that So what is wrong with that struc- pregnant. She was an employee of the average American out there listen- ture? The thing that is wrong with that Southern Bell in Louisiana. It was her ing knows the word Dingell-Norwood, structure is that under that structure, second pregnancy. She applied for ben- so I am just going to refer to it as the the managed care plan, the HMO, is efits. Her treating physician was treat- Democrat Patients’ Bill of Rights, but telling the treating physician how he ing her through the course of the preg- it is the bill that Vice President GORE should care for the patient. In medical nancy. At one point he told her she wants us to enact. It is the bill the jargon, that really means the managed needed to go to the hospital, to be in President has asked for us to enact. care plan is setting the standard of the hospital for the balance of her If you live in a congressional district care for any individual patient under a pregnancy so that if there was a prob- where there is a commercial running set of circumstances. That is crazy. lem with the baby, and it was her sec- right now, it is the bill when they say Managed care plans are essentially in- ond pregnancy and she had had a dif- pass a Patients’ Bill of Rights, they surance companies. They ought to try ficulty the first time, he said, If you’re want you to pass the Democrat Pa- to hold down excessive costs, but man- not in the hospital, there is a danger tients’ Bill of Rights, the Dingell-Nor- aged care plans should not set the you will die or a danger your baby will wood Patients’ Bill of Rights, which standard of care. HMO bureaucrats die. will not help patients, will not help should not tell doctors how to treat pa- Tragically, her HMO denied her that doctors. It will cause a flood of law- tients. That ought to be a decision benefit and said, No, we won’t pay to suits. made by doctors. They were trained to put you in the hospital. We’ll pay for a Now, let us start kind of with a fun- practice medicine. HMO bureaucrats little bit of home nursing, somebody to damental issue in this debate, and to were not trained to practice medicine. come by and visit you. Even more trag- do that I want to refer to a chart. This So the current system is backward. It ically, the worst possible circumstance chart asks the basic question that any- lets doctors be told how to practice and happened. While Mrs. Corcoran was body concerned about health care how to treat their patient and what the home, her baby went into distress, still ought to ask, and that is health care in standard of care in America is for a in the womb; and notwithstanding that America, who should make medical de- given set of circumstances by an HMO they did everything they could, her cisions? Right now one issue is, well, bureaucrat. So that is why I fought for baby died as a result of the fact that should HMOs make medical decisions? managed care reform. They can deny she was not in the hospital. Mr. and We just talked about how under the that care for monetary reasons, not Mrs. Corcoran, tragically hurt by this current structure HMOs, managed care reasons of care. event, filed a lawsuit to recover dam- companies, indeed maybe even man- The second reason that we need man- ages; but of course, they did not sue aged care bureaucrats, get to make aged care reform is actually a tragedy, their doctor. Their doctor had done the medical decisions. Should HMOs make and it falls into my own area of exper- right thing. He had said you should be decisions? I do not think so. tise. And, that is, that as a result of, I in the hospital but their HMO had said, Another alternative is the one I believe, an unintended consequence of No, I’m sorry, we won’t put you in the favor, and that is the one here at the a Federal law called ERISA, a managed hospital and we won’t pay for it. Under bottom; and we have put a red check to care company in America today can the current Federal law, the law pro- show that is where I believe the power deny care; and if they negligently deny vides that the Corcorans cannot re- ought to be. Should patients and doc- care, in that example I just gave, they cover, could not recover, did not re- tors, or doctors in consultation with make a mistake when they said the cover any damages for the death of their patients, make medical deci- treating physician may not provide their child. That is an outrage, and it sions? I think the answer to that ques- this care, if when they do that the pa- has to be fixed. tion is obviously that as between HMO tient is injured or dies, there are no The next question is, why then, Con- bureaucrats making medical decisions, damages. There is no recovery. That gressman, have you not embraced and what should be the standard of care,

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25584 CONGRESSIONAL RECORD—HOUSE October 30, 2000 what course of treatment is right for a cause an independent external review if they do not, the critical question in particular patient, should that be de- panel said your HMO, when it denied managed care reform, the critical ques- cided by a treating physician talking you was wrong and darn well better de- tion for patients’ rights legislation, is to his or her patient or should it be de- liver that care, what they say is, we what do we do next? I argue the answer cided by some HMO bureaucrat? That really need to turn this whole thing is that in every case, what we ought to is a no brainer. I hope everyone in over to lawyers. We need to turn it do after internal review, if this man- America agrees it should not be an over to trial lawyers. We need to let aged care company, this HMO denies HMO bureaucrat. It ought to be the the trial lawyers get to court quick so your treating physician and you the doctor, the treating physician, who has that those trial lawyers can drag this care you need, the next step ought to touched you, who knows you, who has out in a nice long lawsuit. Do not mess be an external review, what we call an known you perhaps for years, who has with the doctors. Just get in front of a external review. That is not com- looked you in the eye and assessed judge, drag the lawsuit out and if noth- plicated. What it is is that if the plan your medical condition and says, this ing else perhaps if we do not have a will not give you the care you need is what we ought to do for your care. It meritorious case, we can exact some after their doctor has looked at it, you should not be a bureaucrat at the HMO kind of a settlement. ought to have a right to get to three who has never seen you and has just I said earlier that the Democrats’ totally independent doctors and to read kind of a cold chart. bill, the Dingell-Norwood bill, is trag- have those three totally independent That is where this debate ought to ically flawed; and it is. This issue has doctors review your claim. be. It ought to be between HMOs mak- been little discussed on the floor, al- Now when I say totally independent, ing those decisions and doctors and pa- most not discussed anywhere across what do I mean? Well, the law that we tients making those decisions, and that America, but if you hear the President talk about would say that these doc- ought to be the fight that is going on or the Vice President call for patients’ tors have to be selected independently. right now and on that one I think we rights legislation, you need to know They cannot be controlled by the HMO. They cannot be hired by the HMO. win. It ought to go to doctors in con- the bill they are asking for is Dingell- They cannot have a conflict of interest sultation with their patients. Norwood; and you need to know that because of their connection with or My friends who are doctors tell me bill will not let your doctor make the their income from the HMO. They have that the practice of medicine is more decision. It will take down a restric- to be totally independent of the HMO art than science, and what they mean tion that exists in the law right now so they can make an unbiased decision. by that is that the doctor that is treat- and let your lawyer, if you get one, Obviously, they also need to be inde- ing you, the doctor that knows you, quickly rush off to court and perhaps pendent of your own doctor. So they your own treating physician, can sense win himself a large settlement of which what really ought to be done about are truly experts. In our bill, we call he gets a third, or 40 percent. for them to be practicing physicians, your condition. The problem with giv- Now, I believe in the tort system. I with expertise in the field, who are ing this power to HMOs is that that is think if somebody hurts you, you independent of the HMO and inde- a cold bureaucratic decision often ought to be able to recover your dam- pendent of you and your treating phy- made by somebody who is not even ages; but I sure do not think our first sician. trained as a doctor, perhaps made ulti- goal in patients’ rights ought to be to Our goal is to have that external re- mately by someone that is a doctor but empower lawyers. I think it ought to view panel of three doctors make a has not practiced medicine for many be to incentivize the best possible care quick decision; yes, the patient de- years because they could not hack it in at the earliest moment. serves the care, the plan was wrong the practice of medicine. It should not I want to move to one more chart. It and, by the way, HMO, if you do not be made by that person who has never is a chart that is a schematic of the give them the care and they get injured touched you or felt you or looked in Democrat Dingell-Norwood bill, and I or they are injured, then you not only your eye or tried to assess in conversa- apologize for having to do a schematic, are going to be liable for the care you tion what is really wrong with you. It but it is how we can illustrate what is should have given but you are going to ought to be made by your treating phy- wrong with the Democrat legislation be liable for all of their economic dam- sician. and why if you hear a commercial that ages, you are going to be liable for all So what is this middle line doing says, by gosh, we need patients’ rights of their pain and suffering; and if the here? Why are lawyers in the discus- legislation, you are right, we do need a plan acts in an arbitrary and capri- sion? Well, the answer is, they should patients’ bill of rights; but we do not cious fashion, then you are going to be not be. Lawyers should not be a part of need the flawed Democrat bill. We need liable for punitive damages. this discussion. We need to write a pa- a bill that will get you the best care at The bottom line here is that there tients’ rights piece of legislation that the earliest possible moment; not a ought to be a review by three doctors drives care, a patients’ rights legisla- lawsuit. very quickly, and we have an expedited tion or patients’ rights bill that Let me explain this bill, and we will time frame to do that. Here is the flaw incentivizes or encourages the system walk through it. We talked about your with the Democrat bill, and here is and the managed care company to de- doctor consulting with you and then why you see this little red circle with liver the best possible care at the ear- making an initial claim. Often unfortu- a bar through it. It is probably hard to liest possible moment, and that is the nately that is currently done through see on the TV, but you see under the goal. some bureaucrat at the HMO, and they Democrat Dingell-Norwood bill you do The goal is the best care at the ear- may turn you down. The next step not go to external review. As a matter liest moment. I think that happens under the Democrat’s bill is a good of fact, that will never happen under when a doctor, after consulting with one, and that is you ought to have a that bill. It will literally never happen, his or her patient, says this is the care right to get to a doctor at the HMO. and the three doctors over here will that is right. But how are lawyers in That is called internal review. You not get to set the standard of care by this discussion? Well, the answer is, ought to force the HMO not to let a bu- telling plans how they should treat pa- some people who want to reform man- reaucrat turn you down. The HMO tients. They will not get a chance to aged care really do not really care ought to have to hire a doctor to make say was your treating physician right about patients and doctors. What they a review of your case. Hopefully, that or was the plan right. They will not de- care about is litigation. Sadly, what doctor will say you get the care, rather fine the standard of care in America they want to do is create a structure than deny you. So that is a good step. because under their bill there is this gi- where you do not get care very quickly That is a step in the right direction. gantic loophole, and it is the lawyers’ because your HMO decided to approve Everyone in America ought to have loophole. the care recommended by your doctor. an internal review by the plan and let Here you see the arrow going down. You do not get care very quickly be- the plan make the right decision. But It says, well, guess what? The minute

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25585 you finish internal review you can go posing, the legislation we have begged the fact that Mrs. Corcoran, under the straight to court. We do not really the American Medical Association to current structure of the Federal law, want an independent panel of doctors endorse, there is first an initial claim her baby was killed by a managed care to make a decision. We want some ag- just like the Democrats’ bill. Then company, and they did not have to pay gressive trial lawyer to go hire his own there is internal review, just like the a dime. They just got to walk away. expert witnesses who will interestingly Democrats’ bill in Dingell-Norwood; But the issue is where do you put in always side with the trial lawyer, and but you will notice there is no loophole legal accountability? The Democrats, file a lawsuit. here. We do not let the lawyers cut off the Dingell-Norwood bill, lets lawyers Now, I said earlier in all of my con- external review. What we say is that if jump in right up front, boom, here we versations with doctors across Amer- the plan turns you down at external re- just get to go straight to court. ica, and I have talked with literally, I view and says to your treating physi- b 1800 think, hundreds, not a single one of cian, no, we are not going to give you them, not in Arizona, not anywhere the care, you would have an immediate Our bill says, no. Let us let a panel of else that I have met with them, have right, indeed we have three different three independent doctors make the de- they said, you know, Congressman, we time procedures, one for extremely ur- cision, and then, if the plan is wrong really think the way to solve the prob- gent situations where it is within a and someone has been injured, then let lem with managed care in America is matter of hours you would have a right us go to court. Let us let someone re- to get people to lawsuits, because law- to get to external review. If it is less cover their economic damages; if they suits will deliver care. Indeed, none of urgent, there are two more time frames lost time from work, they ought to be them have said the problem with man- for less urgent circumstances. But if able to recover that. If they have suf- aged care is that we do not get to court you were denied that internal, you fered pain and suffering as a result of quick enough. What they have said is, would get to go within hours in an this wrongful decision by the HMO, the plan can turn us down and we could emergency situation to the external re- perhaps motivated by their desire to get an independent group of doctors to view that I talked about, and that ex- keep their profit line looking good review our request. So this is the loop- ternal review is conducted by three rather than the patient’s need for hole in their bill; and it is why, and I independent doctors who will get to health care, then they get to recover said earlier, that the Democrat’s bill is judge the recommendation of your their economic damages, they get to fatally flawed. They talked about how treating physician that my patient recover what we call their non- Republicans favor the special interests needs an MRI, and judge the decision of economic damages, which means their of HMOs. The legislation I favor lets the managed care company that, no, pain and suffering, and if the plan did HMOs be sued, lets them be held ac- your patient does not need an MRI. not follow the instructions of the ex- countable, says if they kill Mrs. Cor- Those three independent doctors ternal panel, then there are punitive coran’s baby they must pay damages. would have to be practicing physicians, damages on top of that. But we can see But it does not carve a loophole to pre- as opposed to physicians who quit that this structure is designed to em- vent people from getting quick care years ago because they could not make power doctors, not lawyers, and that is and the proper care by letting the case it. They would have to be experts in the huge difference. That is the debate go to court. It rather is legislation that the field, and they would get to make that has been going on. says get them care. a decision. Sometimes in the last few days when If you talk about special interests, Now, here is the key: that can happen I have been thinking about this issue, I the Democrats have a special interest within hours under certain cir- thought, how could it have been so that my colleague on the other side did cumstances and once that happens, and complicated for 2 years for us not to not talk about a few minutes ago, and it may be hard for you to read but get across the issue and explain to the that special interest is trial lawyers. right here it says, the HMO is bound by American people, patients’ rights legis- That is why they created this loophole. the decision of this medical panel and lation is vitally needed, but the bill This, by the way, is a structure that the patient receives the care. You can they want, the bill the Democrats are takes power away from HMOs and see that this is a quick process. It hap- pushing on us, the bill they talked hands that power to trial lawyers. That pens very quickly. By the way, there is about in their ads and the bill the is crazy. What we do need to do is take no lawyer yet. The lawyer did not get President will probably speak about power away from HMOs to decide how in here. The lawyer did not get to take many times between now and election you should be treated, or your wife or the case off to trial court or get into day, the bill that the Vice President your daughter or your son. You need to discovery and try to extort a settle- will talk about many times between take that power away from HMOs and ment. This went straight through. It now and the election does not help doc- put it in the hands of your treating went through internal review, and it tors; most importantly, it does not physician and in the hands of an expert went to the external review; and if the help patients. What it helps is trial panel of independent doctors. external review panel says the treating lawyers. We want a bill that empowers That kind of takes me to the struc- physician is right, you get the care. doctors to decide what care should be, ture that we have proposed; and you Sadly, the Democrats do not like this what the standard of care should be. see here it says, the compromise pa- bill because it cuts trial lawyers out to I have to tell my colleagues, and in a tients’ bill of rights, and it is a simple that point in time. moment I want to discuss these issues structure. It is a structure that Now, what do we do about the people with the gentleman from Oklahoma, I incentivizes or encourages the best pos- who are truly injured? Well, we say in have to say that I am amazed. If the sible care at the earliest possible mo- our legislation, if as you have been Trial Lawyers Association were ac- ment, because that is what managed going through this process you were in- tively advocating this structure, the care reform ought to be about. Trag- jured, not only do you get the care here structure where one gets to court, but ically, my friends on the other side of but now you have the right to go to they do not get to a panel of inde- the aisle, Democrats, adamantly to the court after the plan has been told to pendent doctors, I could understand death oppose this structure. They say deliver the care, you have the right to that. But what puzzles me and what I absolutely not. We need the trial law- go to court and you have the right to do not understand is that the American yer plan. We do not need the plan that recover your damages. So it is not that Medical Association is supporting that empowers doctors and patients. we are against giving people access to structure, the trial lawyer structure, Let us talk about how this structure trial lawyers. I have many friends who and I do not understand, and I hope for the bill is different; and again I are trial lawyers, and they do a great some day they will explain to me, why apologize, but a flowchart really does service for people who are truly in- the American Medical Association is kind of let you understand the legisla- jured. It is not that we are against the not supporting a structure that will tion. Here in the legislation we are pro- tort system. Indeed, I am outraged by empower doctors rather than lawyers.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 25586 CONGRESSIONAL RECORD—HOUSE October 30, 2000 We do need to diminish the ability of Mr. COBURN. Mr. Speaker, if the and appropriately. And the bill that managed care companies to hurt peo- gentleman will yield, I wanted to clar- Norwood, Dingell has passed, or passed ple. We do need to take away from ify and ask the gentleman a couple of the House, but not passed the Senate, HMOs the ability to set the standard of questions. Several times in the gentle- thank goodness, was not designed to care. The standard of care in America man’s discussion, he used the word give care quickly. What it was designed ought to be set by doctors who are HMOs. What we really also mean is was to give a revenue source for the trained in medicine. But, when we take managed care, which means PPOs and trial bar so that we would in fact pun- that power away from a managed care managed insurance products that deny ish the HMOs for bad actions in the company and move that power some- one adequate care. I believe that is cor- past. It is almost like it is a revenge where, I suggest it would be a tragic rect, is it not? bill. mistake to, as the Democrats propose, Mr. SHADEGG. Mr. Speaker, I used But the point I want to make is what move that power, to decide how one the term HMOs to refer to a broad we tried to do is create a system where should be treated as a patient who array. Some would argue that PPOs everybody learned. Think for a minute. needs medical care, to move that power are a little bit different, that one gets I am a practicing physician. Since I to a trial lawyer, rather than moving it a little better care under a PPO. But have been in Congress, I have delivered to a trained physician; in our struc- fundamentally, we are talking about over 400 babies, and I have delivered al- ture, to a panel of trained physicians managed care companies and HMOs, most over 3,500 in my career. I have who will tell the HMOs exactly what which are health care management or- three great partners who are covering the standard of care ought to be. ganizations, whose job it is to manage for me. I should be there and on call to- For perhaps any doctors listening the care, and it is these managed care night, but they are kind enough to across America, in my own city of companies or HMOs, and now as they cover for me. Phoenix, and the reason I care about are kind of morphing themselves into What has happened in terms of what this issue, the managed care penetra- the latest version which is a PPO, we we have designed is that if a doctor tion is so deep, they have such power. are talking about all of these struc- recommends a treatment that is not appropriate as judged by a 3-doctor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tures under which someone other than The SPEAKER pro tempore (Mr. the treating physician gets to make panel, a couple of things happen. Num- ber one is the doctor learns, the doctor WALDEN of Oregon). The Chair would the decision. remind Members to direct their re- In our discussions of this in the past, improves, the doctor gets up to speed marks to the Chair and not to the tele- the gentleman has pointed out that if on where he or she should be in terms of the latest professionally accepted vision audience. you have a fee-for-service plan, your Mr. SHADEGG. Mr. Speaker, let me doctor gets to make these decisions. standards of care. Mr. Speaker, in Texas where they point out that in my State of Arizona, There is not someone second-guessing have a bill similar to what we have there are so many managed care com- him. Of course, it does not matter to proposed, 45 percent of the time the panies that a doctor that does not sign me whether we are talking about the doctor panel finds that the doctors are up with an HMO, indeed with several doctor being second-guessed by an wrong. Well, what is good about that is HMOs literally can barely survive eco- HMO or being second-guessed by a that it improves the care. The other nomically, and yet we look at the managed care company, or being sec- part of the time, the 55 percent of the structure that currently exists where ond-guessed by a PPO. The funda- time when the plans have been deemed HMOs tell practicing physicians what mental issue is, if the plan one is in to be wrong by the doctor panel, the care they can and cannot deliver, one gives some insurance company bureau- plans learn what is or is not appro- can imagine that the doctors in my crat or some insurance company em- priate care. If we bypass all of that and State are enraged at that structure. ployee the power to deny the treating send it to court, we do not get the ben- Mr. Speaker, the doctors in Arizona, physician the ability to deliver the efits, number one, of improving the and I have talked with hundreds of care they think is appropriate, there quality of care and educating the man- them over the last 2 years, they want a ought to be a quick appeal and they aged care company; we bypass all of structure where doctors set the stand- ought to get a quick answer so that the that, and we spend a tremendous ard of care and where doctors tell patient can get the care he or she amount of dollars doing that, and the HMOs how patients should be treated; needs. loss is, we do not improve care for the where doctors tell the managed care Mr. COBURN. Mr. Speaker, I want to next person. company, this is the right kind of thank the gentleman for taking the Mr. Speaker, that is one of the most treatment to give to a patient. The time on the House floor on an evening important aspects of our bill, besides doctors in Arizona, at least, and the when we are supposed to be either getting care and letting doctors decide, other doctors I have talked to, do not home in Oklahoma or home in Arizona independent doctors, is we designed a want to turn that ability to set the working with our constituency to ex- system under which we would raise the standard of care over to lawyers or plain this. level of care and the quality of care for even to encourage more lawsuits. You I want to just kind of go through everyone in America, whether they had bet: If somebody is injured, then, in those charts with the gentleman for a insurance or not insurance, HMO or fact, a trial lawyer should come in and minute, because I see another big de- PPO or managed care, but that doctor recover for their injury, and indeed, I fect in the Dingell, or the Norwood- who got turned down learned some- wish that Mrs. Corcoran, I wish we Dingell bill that is so espoused by thing by being turned down. So there- could have passed this law in a way to President Clinton, Vice President GORE fore, the next time they saw that situa- allow Mrs. Corcoran and her husband and the American Medical Association. tion, they were improved in the quality to be made whole for the managed care I also want the Members of this body and skills and care that they gave. company’s decision that killed their to know that the American Medical As- Mr. SHADEGG. Mr. Speaker, if the baby. We cannot do that for them, but sociation represents 25 percent or fewer gentleman would yield just on that we can do that for future people, for of the physicians in this country. point, it occurred to me as I listened to someone tomorrow. I happen to be a member of the the gentleman precisely the point the That is why I have worked so hard American Medical Association, as the gentleman is making with regard to here at the end of this session, des- gentleman knows, and I am amazed at improving care. I think it is very im- perately around the clock, with every- the position that the American Medical portant to understand that. one involved in this debate, to try to Association has taken on this bill. Under the structure we have talked pass a patients’ bill of rights that But the point I want to make is that about, if immediately following inter- would correct these problems in a way the bill that the gentleman and I de- nal review by the plan, one wants to that will help patients and will help signed, its first goal was designed to appeal and one gets to appeal imme- doctors. give people care and give it quickly diately to an external panel of doctors,

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.002 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25587 one has a chance for that panel, the practicing physician. We ought to zona who are trial lawyers who I re- gentleman said, to educate the plan on incentivize people to do what is right. spect immensely. I talked to one just a the care they ought to be delivering, We should not incentivize additional few hours ago back in Arizona, and he and once the plan has been told a cou- torts in this country. has helped me immensely to learn ple of times by that external panel, no, In terms of full disclosure, I want ev- about this issue. He wants to be able to you should not be denying care under erybody to know, I voted for Dingell- go to court when he has a genuinely in- this set of circumstances, you can bet Norwood. I made a commitment to the jured patient that an HMO has injured. the plan will quit denying care under gentleman from Georgia (Mr. NOR- But I do not think he wants to be able that set of circumstances. WOOD) to do that, not because I agreed to run off to court and have lawsuits The other scenario, the trial lawyer with the bill, but because I wanted to filed under frivolous circumstances. scenario, I used to be a practicing law- move the process along; because I, like That is a point we have not talked yer and I have tried my share of law- the gentleman, believe Mrs. Corcoran about. The structure that we have suits, I can tell one thing that never and the future Mrs. Corcorans have to asked for where every case would go happens once you get into litigation, have a remedy; that if, in fact, some- from the initial denial by the HMO to you almost never settle. You polarize body does something wrong to them, this panel of expert doctors who would physicians at the extremes. they have to have a remedy. decide, is a treating physician right So under the structure we are talk- It is amazing. My brother-in-law and the patient ought to get the care ing about where you go to internal re- would find it really ironic, as much as or is the plan right and they should not view and you quickly go to external re- the doctors have railed against trial get that care, that mechanism will view and the panel tells the HMO the lawyers, they have done us great serv- screen out frivolous lawsuits. It is the plan they should be delivering, there is ice in many areas in our country, and frivolous lawsuits that will be turned a chance for education and reconcili- we do need to have a mechanism for re- down by that mechanism. The meri- ation and for everybody to learn what muneration and remediation for when torious lawsuits where this panel of the standard of care ought to be and somebody is injured. However, we do three expert physicians says, no, this for the care to be given as quickly as not need, and what this Norwood-Din- plan was dead wrong; the injured party possible. gell bill does, is create a system where goes to court and they get to recover Mr. Speaker, I just want to make the all the money is not going to go to damages and get to be made whole. point that under the alternative struc- health care, it is going to go to the But, Mr. Speaker, if we encourage ture where we go from internal review trial lawyers. too many frivolous lawsuits, if we en- straight to lawsuits, what we have is Mr. SHADEGG. Mr. Speaker, I very courage lawyers who are not conscien- two polarized, extreme positions, with much appreciate the gentleman bring- tious to be able to file a lawsuit in Fed- the lawyer for the plan doing battle ing up the fact of cost. I was here on eral court any time they want and and going to war with the lawyer for the floor during the previous Special muck up the system with an excessive the patient, and it is not a reconcili- Order by our Democrat colleague. number of lawsuits, costs will go up. ation, and there is no education. One of the things that we have not b 1815 I just have to make one other com- talked about here is that issue of cost ment. George W. Bush, the Republican I heard a lot of railing against the and its implications for the uninsured. candidate for President, in some ways Republicans backing special interests We cannot get into a long discussion almost characterizes this perfectly. He and they do not care about people and about the uninsured, but that is one of says, for too long the partisan fights they are just for the HMOs. They hate the tragic problems here. We have too back here between Republicans and little people and do not care about it. many people in America, 44 million, Democrats have kept us from getting That kind of rhetoric I do not think is who are uninsured. If we drive costs up anything done. He says, I am going to very productive, and I do not think it further, then we are going to have even come to Washington and bridge that helps bridge the gap and solve problems more uninsured. partisan fight and try to bring Repub- in America. As the gentleman from Oklahoma licans and Democrats together to get But I thought it was interesting that knows, I believe we need to make it something done. It occurred to me that in the close of his remarks, he said he possible for every American to have in- the partisan structure where we have had had a conversation with an em- surance. I favor a tax credit so that been fighting each other for the last ployee at a restaurant he frequents. they can go buy insurance. And for several years in this Congress and And I have actually been to his district those who can’t afford to go buy insur- doing more for the lawsuit structure. a number of times, and I have a friend ance, I favor a refundable tax credit. The plaintiff’s lawyer says, the defense who has family in that district. It is on But it is important to understand that lawyer is wrong and the defense lawyer the beach in New Jersey. The gen- the Democratic bill, the Dingell-Nor- says the plaintiff’s lawyer is wrong. We tleman talked about a friend that wood bill, perhaps supported by many have this war going on. Instead, we worked for a restaurant, and she would of our colleagues on the other side, not could have a reconciliation. very much liked to have had health in- understanding what it will do, that bill It just occurred to me that is exactly surance, but her employer, with whom will drive costs through the roof and what George W. Bush is saying to she had a good relationship, could not will hurt health care in America. America. Let us not have that polar- afford to provide that insurance. Indeed, I fear it will lead to a single- ized, pitched fight. Let us try to talk It is important to understand that if payer, government-run, one-size-fits- to each other. we do this wrong, if we drive our sys- all type of health care where we do not Mr. COBURN. Mr. Speaker, if the tem to lawsuits rather than care, if we get to consult with our doctor and de- gentleman will yield, I wanted to make encourage many, many lawsuits to be cide the care; some Federal bureaucrat one more point. As a practicing physi- filed, and the latest structure is that decides the care. cian who has been exposed to liability they want to be able to bring these Mr. COBURN. Mr. Speaker, the gen- in the past, one of the things we know lawsuits in State court and in Federal tleman from Arizona and I have been is that if we do what the Dingell-Nor- court, if we encourage too many law- here almost 6 years, completing 6 wood bill would set forth, the one thing suits, if we turn the system over to the years; and we have seen a lot of in- we do know is that costs would rise sig- trial lawyers, then costs are going to stances in which Washington sees a nificantly. The second thing we know go up. problem and then fixes the wrong prob- is there will not be any learning his- The structure we have tried to en- lem. And we heard the gentleman from tory, because the ideal will be to get a courage goes at this issue of cost. It New Jersey (Mr. PALLONE) talk about a patient and sue a managed care plan says, if Americans are injured, they Medicare drug benefit, and we have rather than to change the behavior, ei- ought to have the right to go to court. heard how they want to add that to the ther on the part of the HMO or the I have many, many good friends in Ari- Medicare program.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25588 CONGRESSIONAL RECORD—HOUSE October 30, 2000 Mr. Speaker, Medicare is going to go cisions to be made, not by HMOs, but The fundamental flaw in the legisla- broke in 2015, and adding a Medicare moves that ability away from managed tion that they want is that it does take drug plan as he would like to add, what care companies and PPOs and HMOs power away from HMOs, but it does not that will do is just ensure that it is and gives that decision-making author- give that power to doctors or patients. bankrupt about 2007. My point being ity to doctors to make the decisions It gives that power to lawyers. It en- that it is easy to do mischief and to do about the standard of care. couraged lawyers to go to court, and it the wrong thing here, but it is even But on this partisan attack, I just makes possible for them to go to court. easier to fix the wrong problem. have to say that it upsets me. Because It makes it possible for them to go to I believe that we have another chart after writing the bill with the gen- court before there is an independent re- there that I think really summarizes tleman, I had the privilege of being ap- view by three doctors to say, was the what we want to talk about, that is, if pointed to the conference committee. I plan right or was the plan wrong? we want to empower patients and doc- served on that conference committee. I We have to ask ourselves why. Why tors, and by that meaning we want did not miss a single one of those meet- do they oppose giving the ability to de- more patients to get care and we want ings, and I spent countless hours with cide what the standard of care in them to get the right care the first my House colleagues, Republicans and America should be? Why do they op- time from the managed care firm, and Democrats, countless hours with my pose that? Why are they opposed to we want to incentivize those people colleagues in the other body in the giving it to doctors and rather want to who are supplying the money to pay Senate. Mr. Speaker, not a single Re- give it to lawyers? I do not know the for that care to do the right thing and publican that I dealt with in that proc- answer to that question. I am puzzled to do it in an economically efficient ess, not one did not want to pass a Pa- by the answer to that question. and prudent fashion, then what we tients’ Bill of Rights that would do the I know that many of my Democrat want is to put doctors with a check on right thing; a Patients’ Bill of Rights colleagues are very sincere about their them by other doctors, not doctors that would empower doctors, not law- concern about patients and very sin- with a check on them by a lawsuit, in yers; a Patients’ Bill of Rights that cere in their opposition to HMOs and charge of that care. would deliver care at the quickest managed care. But for the life of me, I Why would we let lawyers today de- point in time. They understood these think it is because they have not care- cide the care in the country? And why issues. They discussed these issues at fully studied the bill that they have would we take it from the managed great length. And the reality is we been advocating, but that bill which care firms now and not give it to the could not get there because of the op- the President would say is vitally im- doctors, but yet give it to the lawyers? position of Democrats. portant will not help health care in For the life of me, I do not understand. So this kind of ‘‘Republicans do not America. care about patients; they only care And for the doctors in Oklahoma that Indeed, that bill, if we encourage ex- about special interests,’’ that rhetoric I have talked to and I hope will be cessive, frivolous lawsuits by not let- is not productive. What we need is to aware of what is going on, for the life ting a panel of expert doctors review pass legislation and quit pointing fin- of me I do not understand why the the case, if we facilitate and make pos- gers of blame. We do need to analyze most recognized body in health care in sible frivolous lawsuits in State courts the issue, and we need to understand this country has chosen to move the and Federal courts and we allow that what should happen in the legislation. decision-making on care not back to to happen before there is an inde- Again, I want to conclude by refer- the doctors from the HMOs or managed pendent review by doctors of whether ring to this chart, because it really care, but rather has decided that they the care was right or wrong, there is a sums up this whole debate. Health care are going to endorse a bill that moves very, very, very real danger. And that in America, who should make medical it to the courts and the trial lawyers. very real danger is that by turning the Mr. Speaker, it makes no sense for decisions? The Republican position is system over to lawyers and lawsuits care, it makes no sense for costs, and it very, very clear, contrary to what has and not having an independent exter- makes no sense for those people who been said here on the floor. Contrary to nal review by doctors but rather let- have no insurance. It is just going to what the President might say. Con- ting a lawyer get ahold of the client inflate the cost of their care as well as trary to what the Vice President may and rush off to court with a lawsuit put more people in the ranks of the un- say. Contrary to what that commercial and demand a settlement will polarize insured. I yield back to the gentleman that our constituents are watching in the parties. from Arizona. their congressional campaigns back Mr. SHADEGG. Mr. Speaker, I thank home may say. The HMO has been sued. They hire the gentleman for yielding. It is prob- The Republican position is that doc- their defense attorney. The plaintiff ably worth it, in the minutes we have tors, in consultation with their pa- has her lawsuit going forward. Now we left, to focus on really the crux of this tients, should make health care deci- have a polarized position. Not only will issue, what we care about, what this sions. So on this chart where it says, that drive costs through the roof and discussion is about, why I believe the ‘‘Who should make those decisions?’’ perhaps result in thousands more unin- issue is so critical, why the gentleman HMOs? Our answer is no. Managed care sured; but as the gentleman from Okla- from Oklahoma (Mr. COBURN) believes companies can do their job, but they homa has pointed out, it will not it is so critical. should not ultimately have the deci- incentivize the best care at the earliest In the immediate preceding hour sion authority. That decision authority point in time, and it will not create an there was a lot of rather harsh rhetoric should be the treating physician’s to atmosphere in which there is edu- saying that Republicans do not care decide care. Lawyers? Absolutely not. cation, in which this panel of doctors about a Patients’ Bill of Rights, Repub- And that is the central feature, as we teaches the HMO what it really ought licans do not care about patients, Re- have talked about for the last hour, of to be approving and what it maybe can publicans are just for HMOs. That kind this fight. turn down. of talk makes me angry. It is divisive. The Democrats’ bill, the Dingell-Nor- We will not have that educational It divides the country. It is polarizing, wood bill, and I brought it to the floor process. We will not have incentives to and it is just flat wrong. to hold up, this is Dingell-Norwood deliver the best care at the right time. I have worked, as the gentleman One, the first bill they wrote. It had What we will have instead is a quick from Oklahoma has, now for 2 years the same structures. It empowered law- lawsuit process whereby power to de- nonstop on patients’ rights legislation. yers, not doctors and patients. After a cide care is taken away from doctors I consider it a privilege that the gen- lengthy debate, they produced Dingell- and awarded to lawyers. tleman and I were able to write a pa- Norwood Two. I have read every word We simply cannot make that mis- tients’ rights piece of legislation, a bill of every one of these bills. I have pored take. There is no margin of safety fi- that moves the ability for medical de- over them and highlighted the pages. nancially to allow costs to escalate

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25589 like that. We can pass legislation. In- teach plans what care they ought to One of the big problems that we are deed, I would argue we can pass legisla- approve and not approve, that legisla- faced with here as we try to reach judg- tion this Congress which does what we tion has not been studied carefully. ment, one of the areas of controversy, have asked for it to do which empowers I think we can still pass it this Con- fortunately, is still there on the table, doctors in consultation with their pa- gress. The gentleman and I have been is school construction. I am proud of tients to make the right care decisions, in consultation with our Senate col- the fact that the process has awakened which encourages the best care at the leagues, and we may even have a meet- and that we are now, as decision mak- earliest time, and which teaches HMOs ing yet with them tonight on this. I am ers here in Washington, running very what care they ought to be approving encouraged. I think we can, if we cut hard to catch up with the American and not approving, rather than throw- the partisan bickering, pass legislation people. ing the whole thing over to the law- that will protect patients across Amer- The American people have said, vot- yers. ica. I appreciate the gentleman from ers have said repeatedly that education Mr. COBURN. Mr. Speaker, I would Oklahoma for his brilliance and in- is the number one priority. Within the make one point. I believe the gen- struction and all of his help in this de- priorities for education, people do not tleman has hit on something. I believe bate. It has been a great privilege. understand why we cannot do some- that most people really do not under- f thing immediately in some kind of stand the impact of the Norwood-Din- very significant amounts about school b 1830 gell bill. I believe that we can bring construction, about facilities, about people together. I believe that we can FINAL BUDGET ISSUES guaranteeing that every youngster put people before politics. The SPEAKER pro tempore (Mr. goes to school in a facility that is safe, that is not threatening his health in I know this is an election year issue. WALDEN of Oregon). Under the Speak- I am not running for reelection, so I do er’s announced policy of January 6, any way, the teachers’ health is not not have a dog in this fight as far as 1999, the gentleman from New York threatened. We would like to see a movement the election. But what I do know is (Mr. OWENS) is recognized for 60 min- which understands that part of the that our job is to bring people to- utes. problem with our schools certainly in gether. And I want to thank the gen- Mr. OWENS. Mr. Speaker, I would large numbers of rural areas as well as tleman from Arizona (Mr. SHADEGG), like to begin tonight with a symbol in inner-city areas is that they are not for first of all his insight and under- that I have used repeatedly over the desirable work sites. Part of the prob- standing of what has gone on with this last year, the construction hard hat, to lem of attracting teachers is that they legislation. Also, his tremendous ef- drive home the fact that, at the heart do not want to work at these work fort, the amount of time that he have of our effort to improve schools in sites where we have situations which, given up away from his family; the America is the need to revamp facili- really, not only endanger the health of amount of time he could have been in ties. Whether that means repairing fa- the students, but endanger the health Arizona that he was here meeting in a cilities, renovating facilities or build- conference, trying to do the right of the teachers as well. ing new schools, this is the key, the If one has a situation like the coal thing. Not for HMOs, not for trial law- first and most dramatic and visible evi- burning schools in New York where, at yers, but for doctors and patients. For dence of exactly how we elected offi- the beginning of this crusade that we that I am forever grateful. cials and decision makers feel about started 3 years ago, there were more Mr. SHADEGG. Mr. Speaker, I thank education. than 200 schools in New York City that the gentleman and would echo those Do something about the obvious still had furnaces that were burning remarks. I think the reality is clear. I problem. Do something about the over- coal. know the gentleman from Georgia (Mr. whelming problem that localities and I am happy to report that, as a result NORWOOD) and the gentleman from States are having the most difficulty of our agitation and our effort and our Michigan (Mr. DINGELL), and both of with because it requires a large outlay constant pursuit of the problems and them are honorable men and both have of capital. all the roadblocks, we have a situation the best interests of patients at heart. Let us do something in the area now where the New York City School But, sadly, what happens in Wash- where the Federal Government does Construction Authority has stated ington, D.C. is that these debates get not have to get directly involved in de- that, by the end of 2001, every coal pulled down into political wars and the cision making at the local level. We burning furnace, every school coal Democrat party has a constituency and help at the capital problem of buildings burning furnace in New York City will that constituency happens to be trial and equipment, laboratories, libraries be remodeled and revamped and ren- lawyers. that are involved in improving facili- ovated, and it will be an oil or a gas So I think this bill got drafted with ties; and we get out. We do not keep burning modern furnace with no pollu- the input of trial lawyers and, sadly, the Federal government around in a tion of coal dust being spewn into the we have a war going on. I do not defend situation which involves facilities and area. the insurance companies either. We equipment. So it is good to stand here and report have a polarization here with the in- So I am here tonight to salute the some progress at some levels, certainly surance companies and the HMOs on democratic process here in this Con- as we move toward the end of the 106th one side saying: do not pass any legis- gress and to salute the process here in Congress, to have one of our major lation. We have the trial lawyers on Washington by saying that it looked items still on the table, on the radar the other side saying: no, turn it all impossible 3 years ago when we began screen. A point of great controversy be- over to us. Sadly, nobody is fighting the crusade to get Federal funding for tween Republicans and Democrats is for the doctors and the patients. school construction. It has been a long school construction, what should we do Look how thick this bill is. I think and torturous battle. The obstacle about school construction. many of our colleagues, indeed, I would course has been quite filled with dev- So I would say that out there, and guess the vast majority of our col- astating obstacles, quicksand pits and there are still some students who are leagues have not had the chance, be- all kinds of traps. still awake at this early hour, fortu- cause these issues are too complicated, Even now, I cannot stand here and nately it is kind of early, let us pull to study Dingell-Norwood and under- announce that we have an obvious vic- out a glass of orange juice or glass of stand its public policy flaw and recog- tory. But I think what is important is milk and let us drink a toast. I do not nize that it does have the danger of that we have, at this critical moment have a glass here, but let us drink a driving costs up, and try to understand in the final days of the 106th Congress, toast to the students of America, the that the legislation that we are asking we have school construction on the public schools of America that are in for which would empower doctors and radar screen. It is at the center of the great need of some help in this very patients and would enable doctors to radar screen. basic area of school construction.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25590 CONGRESSIONAL RECORD—HOUSE October 30, 2000 They are about to get a break- for them to get involved and not have no other phenomenon that one would through. We are about to realize a to weigh into the issue of disrupting call a political entity that has had the breakthrough, we hope. The fact that local control or threatening local oper- kind of power and the kind of wealth, we are still on the radar screen is num- ations, et cetera. the kind of options that the United ber one. So let us drink. Take out your or- States of America has at this point. The second thing I would like to joy- ange juice or your milk and let us These options that we have here in ously report is that there is discussion drink to a breakthrough. We are on the Congress in terms of the decisions we about the fact that, in the area of the radar screen. make are greatly increased by the fact Labor, Health and Human Services and As the session concludes, I am opti- that we have the wealth. We have the Education appropriations bill, there is mistic that we will make some small surplus. So why not now make the de- some kind of almost agreement that breakthrough. I think that it is impor- cisions? The fact that the prescription the first dollars will be appropriated tant to note that this is a very strange medicine benefit is still on the table is for school construction that have been session we are about to conclude, I important. Let us make that decision appropriated in the last 50 years or hope we are about to conclude. I know before we leave here. Why not? more. We will have a breakthrough, we the date for adjournment was set at Why not make the decisions about hope. October 6 and now it is October 30. the HMO Bill of Rights, the patients’ There is a tentative agreement that Every week we had these projections. bill of rights with respect to HMOs. the President’s proposal of $1.3 billion We are going to get through. But we Why not now? Why save it? We have will be approved in some form. Maybe are still here on October 30. There is an had the dialogue. The democratic proc- not all of it will be available for school election on November 7, which means ess has generated proposals. We have construction, but some portion of it that this Congress goes out of exist- had the debates. Why not now? will be available for school moderniza- ence shortly after that. Who knows what the 107th Congress tion. They like to play with terms. We are still hung up on some very may face? Who knows what natural School modernization means renova- critical problems. I want to just take a disasters may occur? Who knows what tion or repairs. Maybe, I hope in des- minute to say that those problems are new kinds of crises in the world will perate situations where they need problems that are very important to confront us in the 107th Congress? We school construction will have school the American people. Some people have know now that we have the options construction. raised the question as to why suddenly now. We have had the debate. The proc- So many out there are going to do we have such importance placed on ess of those who are not enlightened school in trailers, have to go to classes problems like prescription drug bene- now about what the problem is will in trailers. In the wintertime, the trail- fits, prescription medicine benefits. never be enlightened. There are folks ers have no bathroom facilities, and Why have we singled out that problem who cling to certain kinds of special in- kids have to go outside to get to bath- for this year? terest considerations. It is not because room facilities. Trailers, of course, It is very important because we have they are not enlightened. They know have no libraries and no cafeterias. been discussing it for the last 10 years they have enough knowledge, they Large parts of America, suburban in one form or another. It has escalated have enough evidence as to what is America, rural America, as well as big to the point where the discussion has needed. So we ought to make those de- cities, are afflicted with the disease of led to some proposals, and it is time to cisions. these trailers. So trailers, we hope we make some decisions about it. We ought to make the decisions also can look down over the next 10 years The cost of preparing drugs also has related to immigration fairness. We and hope that the Federal govern- escalated. The cost has gone up great- have a bill called the Latino and Other ment’s intervention will lead to a situ- ly. The role of prescription medicines Immigrant Fairness Act, which is ation where the trailers will be gone. in our health has increased. There are called the Latino and Other Immigrant Certainly I just told my colleagues now some drugs that really make a Fairness Act, but it does include crit- that the coal burning furnaces in New great difference in terms of the quality ical problems related to immigration York City schools, they have given us a of life. There are some prescription in general, critical problems which chart which shows that there will be medicines that determine whether peo- covers all of the crisis situations that none around as of the end of the year ple live or die. If the medicines were we face right now in immigration. 2001, the School Construction Author- not there, if the prescription, the pill We face a crisis problem with respect ity. So that means we move from more was not there, they would not be able to certain Central American people than 200 schools that 3 years ago were to survive. having receiving permanent status, burning coal in their furnaces to none More and more, we are seeing the certain Haitians receiving permanent in the year 2001. benefits of science over the years pay status, and Liberians. There are a lot I am certain that the Federal Gov- off in the form of what some people of critical problems that are wrapped ernment involvement, as small as it call miracle drugs. I do not think it is up here in this Latino and Other Immi- may be, what they are talking about is an exaggeration. Some of them are lit- grant Fairness bill. $1.3 billion in direct appropriations, erally keeping people alive. One could The issue of 245(i), which relates to there is still some discussion of the call them miracle drugs. people renewing their permanent sta- Committee on Ways and Means bill So we are now in a situation where it tus without having to leave the coun- which would provide tax credits and is time to make a decision where this try is critical throughout the entire have the government pay interest on Congress has options that no Congress country overall of the immigrant the amount of money borrowed by has had in the last 50 years. We have a groups. That is in the bill. States and localities up to a total of situation where there is a huge surplus; The issue of the registry for amnesty $25 billion in borrowing authority over whereas, we have had to deny some ba- where we had a cutoff date of 1972 in a 5-year period, and the Federal Gov- sically needed services before to our the last amnesty bill, and the request ernment would pay the interest. That constituents. Here is a matter related is that we move that registry date to is the other opening for school con- to health, life and death. Why cannot 1986 so that anybody who had been in struction. We hope that that is not off we now make some decisions which the country for 10 years up to 1986 the table yet. guarantee the benefits of the great would be eligible for amnesty and Either way, we would like to see prosperity we enjoy and the great could apply. some forward movement and begin the wealth that we have now. process of having our government deal Nothing ever in the history of the b 1845 with education in the area where there world has existed like the United A very humane gesture because these is the greatest immediate need and States of America at this point in the are people who are already in the coun- where it is simplest. It is very simple year 2000. There is just no other nation, try. They have been in the country for

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25591 a long time, 10, 15, 20 years; and we are migrant fairness act. We have a few Eligible nationals of Montserrat may just going to recognize the fact that other things that are important, but reregister for temporary protective they are here, they are paying taxes, those are two items that are very im- status and an extension of employment they are working. So let us move to try portant that are on the agenda, and we authorization. Reregistration is lim- to regularize their status by giving would like to see them remain there ited to persons who registered during them permanent residency and allow- until they are resolved in a positive the initial registration period, which ing them to move on and apply for citi- and productive way. ended August 27, 1998. All who reg- zenship. We congratulate the administration. istered after that date under the late This does not mean that we are open- The power of the White House in this initial registration provision, persons ing up the gates for a flood of immi- end game negotiation is considerable. I who are eligible for late initial reg- grants to illegally come into this coun- have tried to explain the process be- istration, may register for the tem- try. It means we have a common sense fore. We have come to the point now porary protective status during this ex- problem, and we would like to solve where it is a Republican-controlled tension. that problem. That is one of the issues Congress, the other body as well. The The extension, as I said before, goes still on the radar screen, one of the whole Congress, House and Senate, is until August 27, 2001. The reregistra- points of controversy. I want to con- controlled by Republicans. They have tion period began August 2, 2000; and it gratulate the White House and the the majority, they have the votes, they will remain in effect until November 1 President, this administration, for in- can do pretty much what they want to of 2000. In other words, there are 2 sisting that we confront this problem without the input of the Democrats days. This breakthrough that was real- and deal with the humanitarian dimen- who are now in the minority. Our only ized and announced on October 2 was a sions of it now, not next year. Right hope is that the Democratically con- bit late when it was announced, but on now. trolled administration, the executive that date the registration process We had an immigration problem of branch, the White House, will balance began. But people only have until No- another kind that we dealt with speed- off the power of the Republican-con- vember 1, which is 2 days from now, to ily, the H–1B problem, where industry, trolled Congress. reregister. corporations, have a great need for pro- That is what happens in these so- Now, Montserrat has suffered one of fessional manpower that can handle called end game negotiations. The end the most cataclysmic natural disasters the kind of needs that they have, infor- game negotiations are underway now. in this hemisphere of the last 50 years. And that is why we are stuck here mation technology needs, most of Montserrat is a very tiny country. At week after week, because the end game them, needs related to the digital least a third of the country has been negotiations have been deliberately world, computers, programming of wiped out by a volcanic eruption. It is slowed down as part of the strategy of software and hardware, of various prob- rapidly becoming an island that is un- the Republican majority in the hopes lems in the complex digital computer inhabitable. There is some worry about that they can wear out the patience of information technology world. They whether the nation of Montserrat will the administration and of the Demo- cannot find the people to fill all of the survive. But in the meantime, for those crats. people who had to flee the island, spe- vacancies. That will go on for a long These items I just mentioned are too cial temporary protected status was time because our education system is important to be given up by default. As given as part of the great humanity of not generating, not producing the peo- long as it is necessary for us to stay the American people and how our gov- ple to fill those jobs. here, we ought to stay here to get a ernment reacts to natural disasters. We acted quickly on that one. That is prescription medicine benefit in this an immigration piece. We raised the Congress. As long as it is necessary to We ought to be congratulated for tak- quota, and now we have a situation stay here, we should stay to get an ing them in, first; and now there is an where 195,000 new people in the profes- HMO bill of rights; we should stay to extension, which did not have to have sional area mostly, information tech- get a Latino and other immigrant fair- the approval of Congress or we might nology, can come in each year. They ness bill, a bill which includes am- not have gotten it. This extension will can come in each year, so that over a nesty, a 245(i) adjustment and a blan- carry them until August of 2001, and we 3-year period it is close to 600,000 pro- keting of the categories of Central hope that more can be done to resolve fessionals who have that capacity that Americans, Liberians and Haitians, the problems related to the great nat- are allowed in. We have a need; we met who have been left out there with a ural disaster of Montserrat in the the need. questionable status. meantime. The Democrats, the administration There is one very important break- So that is a positive breakthrough in are contending that we have a humani- through that I would like to report, the immigration area. It is a very tiny tarian need. We have a need to regu- particularly to my own district, on this amount when compared to what we are larize the lives of the people who have whole matter of immigration before I requesting in terms of the need to pass been here 10, 15 years and let them go on to school construction, that last the Latino and other immigrant fair- begin to move towards citizenship. We and most important of the business ness act. That act would include, and I have a need to do that. We have a need items that we have here on the agenda wanted to summarize for the last time, to stop the pain and suffering caused of the Congress. School construction I it would include an expansion of the by the regulations related to 245(i), will talk about in more detail, but be- 1997 legislation to include refugees which deny people the opportunity to fore I do that, I am happy to report, from Central America, Haiti, and Libe- go home and visit their relatives and and this is another example of the ex- ria who were unjustifiably excluded then come back without having to deal ecutive branch taking the initiative, from the opportunity to apply for per- with long stays away in order to qual- doing what it can do in a very humani- manent residency. It will permanently ify for an adjustment of status and tarian spirit to relieve suffering of peo- extend section 245(i) to allow individ- other problems relating to that. We ple, that the extension of the designa- uals who qualify for a green card to ob- have a need to deal with the Liberians, tion of Montserrat under the tem- tain a visa without first leaving the the Haitians, the Central Americans porary protective status program. country. It would move the registry who have been stranded for various It is important that there is a notice date for those individuals who can reasons. We need to have the relief of that extends the Attorney General’s demonstrate that they have main- this Latino and other immigrant fair- designation of Montserrat under the tained a continued presence in the U.S. ness bill. temporary protective status program from 1972 to 1986, providing an overdue So that is another item on the agen- until the year 2001. August 27, 2001. So and well-deserved opportunity to indi- da. We have the health care, we have we have an extension that goes for al- viduals who have been living, working HMO and prescription medicine ben- most a year for people in Montserrat and paying taxes in the United States. efit, we have the Latino and other im- who need temporary protected status. In addition, for those individuals who

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25592 CONGRESSIONAL RECORD—HOUSE October 30, 2000 have been in this country since 1985, who have the greatest wealth now are have never seen a car who have seen the bill would allow them to adjust to people who are masters of the utiliza- the benefits of computers. There are legal permanent resident status. tion of brainpower. Brainpower is the things happening in third world coun- Now, this bill was proposed to be part most powerful force in the world right tries and in remote regions of the of the Commerce, Justice, State appro- now. Brainpower. Earth with respect to computers which priation. The President made it quite Who has the brains to make use of all are astounding. clear that if this was not included as the opportunities that have opened up So we have the leadership. We are part of that appropriation bill he would by the revolution in information tech- ahead of everybody else. We are the not sign the act, and that is part of the nology, the revolution in the digital driving force in a cyber civilization process that is going on now. The world, the use of computers in 100 dif- that has begun already. And yet, in strong stand and position taken by the ferent ways, a thousand different ways? this 106th Congress, the midget minds White House is to be commended. We The application of computers is almost and the petty souls are such that they congratulate the President and hope infinite. There is no limit on the appli- are not willing to take advantage of that he will continue to insist that the cation of computers, and the use of this opportunity where at the same 106th Congress should not adjourn digitalized equipment of various kinds time we can surge ahead in this cyber without bringing immigration relief to except the limits of our brainpower. As civilization. The opening is there. The the people who deserve that kind of re- the brainpower increases directly in opportunity is there. lief. proportion, we have these utilizations We also have the resources. We have Those are three items that are on the increase. New discoveries make it easi- a $230 billion surplus. To apply just a screen, two items on the screen other er every day, and so the industry is small part of that surplus in a con- than the one that I started with, which changing. structive way toward education in I deem to be not more important than The fact that the stock market right order to increase the pool of brain immigration, not more important than now is in a situation where the digital power that America has available health care, but critical in terms of industries are sort of being questioned would gain immense dividends. And where our civilization is going. Our Na- as generators of income and as invest- you do not have to be a rocket sci- entist to see it. If brain power is the tion at this point has made an unprece- ment opportunities, it is all a passing power that is now driving the world, dented breakthrough. We are ahead of phase. It will not last long. Europe, we are ahead of Japan, we are then the students and the children out 1900 ahead of all our industrial rivals in the b there in all parts of America, whether area of the digital economy. We have It is an adjustment of an enthusiasm it is a rural poor area or the inner-city made some breakthroughs which put us that maybe got out of control. But it is areas, they are all potential resources out there, and we can maintain that clear, and we do not have to be a rock- that should be developed. Some of them may never become lead and maintain the unprecedented et scientist or even a sophomore in col- computer programmers. Most of them prosperity that we now experience if lege to see the way of the future is will not. Most of them will not become we continue to generate the kind of re- clearly the way of digitalization. The computer scientists. Most of them will sources needed to fuel and drive the in- way of the computer is the way we are not get in the high theoretical mathe- formation technology industries, the going. matics that relate to computers. But cyber-activities, the digital economy It is like when automobiles were first there is no reason why somewhere in activities. But brainpower is needed. invented and automobiles even first the chain where you have computer The critical thing we need now, un- began to roll off the assembly line, as- scientists, you have technicians, you like industrial revolutions in the past sumptions were made that there will have mechanics, you have mechanic’s where the natural resources often de- always be only automobiles for rich helpers, you have the school aides who termined the wealth of a nation, if a people, that only rich people could own apply help to teachers to apply to com- country was lucky enough to have oil, automobiles, and that the automobile was something so special that it was puters. then the nation had a great advantage. There is a whole world. If you look at not going to affect the entire society. An industry can grow up related to the automobiles and all the people that are But the automobile has transformed uses of oil and petrochemicals, and related to automobiles, the salesmen and the offspring of automobiles trans- there are a whole series of things that and the auto parts shops and the car relate to oil. If an area was fortunate formed the entire society. We have the wash people, there is a whole range of to have coal, the coal mining areas had culture of the car, an automotive cul- people who have gotten involved in the certain advantages because of that nat- ture. And not just the richest and most culture of the automobile. The culture ural resource. If an area was fortunate powerful people involved, at every level of the computer will involve many to have iron ore or coal and iron ore down to the poorest people have some more people. near each other, then the steel indus- junky, used car. If they want wheels, And when we focus our education ef- try certainly saw advantages there and they can get them or they are involved fort in a way which anticipates this developed in those areas. If someone as drivers in the economy or in the need, we increase our ability to main- was fortunate enough, of course, to economy as mechanics or mechanic’s tain our leadership in the world in this have discovered gold, gold or silver, helpers. area. If we have to rely on foreign those are obvious metals that all over It is just a transformation which input, and I am not against foreigners, the world command a great price. So touched every level of our society. I am not against immigration, you just natural resources determine wealth, That was a small development com- heard my arguments before, I am not and the wealthiest people in America pared to what computers are doing and against spreading the wealth by hiring for a long time were people who had will do. Computers will move more rap- a large amount of people from all over control over natural resources. idly. The digitalization of the econ- the world, but if you rely on that re- There were people who had control omy, digitalization of activities, peatedly, then you are going to be over the natural resources and used whether they are nonprofit activities draining away resources from the Na- them to industrialize, to create the or profit activities or military activi- tion. steel and the various products out of ties, everything will move more rap- The people that are coming here to the natural resources, and they became idly, it will spread across the world learn eventually will go back and de- the wealthiest people. Now the wealthi- more rapidly because it is not as expen- velop the competition. We have seen est people in the world are people who sive and not as difficult to move about that in several instances with respect do not necessarily have the fortunate and maneuver as automobiles were and to the automobile industry. I remem- or good luck to have discovered a pool are still. ber shortly after World War II they of oil, oil wells, or the gold mine, a Computers are already in the far cor- were importing large numbers of stu- whole set of coal fields; but the people ners of the Earth. There are people who dents from Holland and France and

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25593 training them in Detroit as engineers do is to solve the problems that are school construction. And when it is all and design specialists and so forth and most acute out there and most visible. added up, we are talking about less they were working for our companies And that is the problems of school con- than 30 percent of the surplus. That here. They took it all home eventually. struction, school renovation, school means we can give the other 70 percent And we have competitors, of course, in modernization, the wiring of schools to pay down the debt and even a tax Europe and Japan. A large number of for technology. cut. those competitors were trained here. We have repeatedly stayed up on this Why not a middle-class tax cut, a It is not the worst thing in the world, consideration. And I said before, my middle-income tax cut? Why not a tax but they do not pay into the Social Se- symbol of the construction hard hat, cut that comes from the bottom and curity fund here. They do not generate the Nation needs an effort by construc- the people who are at the very bottom the businesses here that are taxed and tion workers. If ever there was a time be eliminated from paying taxes and can provide the revenue that we need that the overtime of one group of peo- the middle class have their tax bill re- to run our society. And on and on it ple was needed, the Nation needs the duced, the people who are most in need goes. overtime of the construction industry of some kind of help and relief from There is a limit to the great gen- to catch up. taxes? We can do all this and still pay erosity that prevails now. It may be a The National Education Association down the debt. fact that most people cannot com- survey showed that our needs in order We devote at least 50 percent of the prehend but one-half of all the students to serve the present generation of pub- surplus to paying down the debt and in our graduate schools who are in lic school students, the numbers now still do the other things. And among science and engineering are foreigners. to increase enrollment, you need $320 the other things that we do with the They are not Americans. And the per- billion for school construction, renova- surplus, the number one priority centage of foreign students in our pro- tion, modernization, and technology, should be the 10 percent improvement grams for graduate science and engi- $320 billion. for education. neering, computer science, et cetera, Now you say this is an exaggeration The Congressional Black Caucus said has been increasing, not decreasing. by the National Education Association this in the spring of this year, and it is The percentage increases because the because, after all, they serve teachers. as sound a proposal now as it was then. number of students from our own But the official estimate by the Edu- We have continually pressed the point. American base school systems are cation Statistics Commissioner’s Office I have a Dear Colleague letter I sent going into science and those areas is in the Department of Education is that out on January 27, 2000, where I said in decreasing, not increasing rapidly right now we need $126 billion or $127 terms of the utilization of the surplus enough to keep pace with the need. billion. for construction and we said if you The number of vacancies is not being So let us take the conservative fig- have 10 percent of education overall, exaggerated. The information tech- ure. Let us deal with $127 billion. Five take half of that, 5 percent and use nology world said last year they had years ago the General Accounting Of- that 5 percent for school construction, 300,000 vacancies that would not be fice, the GAO, said that we needed $110 renovation, repairs, and technology. filled with the new crop of college billion, 5 years ago. So there is some That means that we are talking graduates because their survey showed consistency here in terms of large about $10 billion to $12 billion a year that there are colleges that do not amounts of dollars are needed for for school construction and another $10 have the people that are being prepared school construction repair and renova- billion to $12 billion a year for other to come out and take these jobs. And it tion, and we have been on this theme items related to the improvement of increases geometrically. There will be for some time because at the heart of education. 600,000 after that. And then it will keep education improvement and education In January 27, I said we are moving growing and expanding, and we will be reform must be this highly visible ac- and the stage is set to build schools. I overwhelmed by a situation where tion we need to take to send a message introduced H.R. 3071, and I said at that there is so much more that could be to teachers, to students, to the commu- time that every Presidential candidate, done and so many things are being at- nity that we are serious about edu- Republican as well as Democrat, is now tempted that the frustration will be cation. proposing a sweeping education pro- tremendous. The lost opportunities Every politician, every candidate is gram. will be tremendous. out there preaching that he wants to Candidate AL GORE then called and So that is the background that I give improve our education system at every he still is calling for a $115 billion pro- for my final statement for the night, level, whether it is the city council gram over a 10-year period. I have said and that is we need to reform and im- people at the municipal level or the that we need $110 billion over a 10-year prove education right across the board. State level people, certainly the Fed- period just for school construction. But Education needs help in many areas. eral people, Congress people, and the we will take a break through. Even a We have proposed in the Congressional Presidential candidates. Everybody small amount would be useful. And Black Caucus an alternative budget talks about the need to improve our that is where we are at this point as we way back in the spring when we intro- education system. near the end of the 106th Congress, a duced the budget. We proposed that 10 Why, then, are there so few resources proposal for $1.3 billion, a far cry from percent of the surplus be dedicated to being dedicated to the improvement of what the National Education Associa- the improvement of education. our education system? Why, then, tion says we need or a far cry from In order to deal with this cyber civ- when we have a $230 billion surplus are what the Education Statistics Commis- ilization and all the brain power needs, we being such misers and refusing to sioner says that we need or what the 10 percent of the surplus, which now commit a substantial portion of that General Accounting Office says we the surplus has gone up to $230 billion, surplus for education? You could com- need. 10 percent of that over the next 10 mit 10 percent of the surplus without years dedicated to education would be endangering or in any way infringing b 1915 the kind of resources needed to revamp upon the other responsible utilizations But it is a beginning. The stage is set and move. of the surplus. We can still pay down to build schools. I said on January 27 in We could train the science teachers, the debt. this Dear Colleague letter: who then could get more science stu- The vast majority of the funds that Keep the education action simple. dents. We could train the math teach- have been accumulated in the surplus Revamping infrastructure is the most ers. We could get the computers pur- can be used to pay down the debt. We effective and least intrusive role for chased. We could get the technology can still give money to the Medicare the Federal Government. training for teachers. And most of all, program and money for prescription And I introduced H.R. 3071, which immediately the first thing we could medicine benefit. We can add to that sends the money back to the States

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25594 CONGRESSIONAL RECORD—HOUSE October 30, 2000 based on the number of school-age chil- are being proposed, alternatives, CONGRESS OF THE UNITED STATES, dren. H.R. 3071 offers maximum flexi- vouchers, for example, vouchers cannot HOUSE OF REPRESENTATIVES, bility for renovations to facilitate se- succeed in large numbers if you do not Washington, DC, January 27, 2000. curity and safety; modernization for have a school construction program. If H.R. 3071 Is the Way of the Future, the Tri- educational technology; and new con- you were to suddenly remove all bar- umphant March Toward Common Sense struction to end overcrowding. H.R. Has Begun, Construction Is the Kingpin riers to vouchers, and I am not in favor Action for School Reform 3071 will use no more than one-tenth of of that because I think that vouchers DEAR COLLEAGUE: Every presidential can- the surplus for the next 10 years. only take us into chaos, it is not a via- didate, Republican as well as Democrat, is Democrats risk being upstaged by Re- ble alternative, but suppose hypo- now proposing a sweeping education program publicans, I said at that time, if they thetically that you had the legislation which includes school construction. Can- do not move on a school construction and the authorization from the govern- didate Al Gore has called for the expenditure bill. ment to institute a large voucher pro- of 115 billion dollars in ten years. In H.R. We cannot emphasize too much the gram in any city or county. Imme- 3071, we call for a ten-year school construc- fact that the fiscal negotiating envi- diately the amount of positions avail- tion program at a cost of 110 billion dollars. ronment has undergone a rapid, almost The stage is set to build schools. able at the private schools would be Keep the education action simple. revolutionary sea change since the an- filled up. They already have long wait- Revamping infrastructure is the most ef- nouncement of the trillion dollar sur- ing lists at most private schools. So fective and least intrusive role for the Fed- plus, over a 10-year period, a more than the people who want to utilize those eral Government. $2 trillion surplus. vouchers would have to build new Let the federal government pay for the big job. Build schools and then leave the day-to- I said that as we move toward the schools. They would have to have some end game negotiations, we must make day school operations to local control. Pro- new facilities. You would have to have vide the capital funds for the infrastructure certain that school construction mod- a new bureaucracy created to take care ernization is on the table. I am happy and thus free up other funds for salary in- of large numbers of youngsters moving creases, computers, more books, security, to report, as I said before, that at least from a public school system into a and safety. we have achieved that. It is on the voucher system. It does not matter H.R. 3071 Sends The Money Back To The table. It is on the radar screen. It is a which way you go. States Based On The Number Of School-Age bone of contention, but it is there on Children. Charter schools, limited experi- H.R. 3071 Offers Maximum Flexibility For: the table. mental charter schools I am all in One-half year later, and that was Renovations To Facilitate Security And favor of. But charter schools have run January, July 19, 2000, I sent out an- Safety; Modernization For Educational into the first and most important prob- Technology; And New Construction To End other Dear Colleague which said: lem that I am emphasizing here, that Overcrowding. Build Schools 2000. Two big battles H.R. 3071 Will Use No More Than One- have been won. Now let us move on to is, they have no facilities. The first problem of charter schools is to get a Tenth Of The Surplus For The Next Ten win the war. Years. The first battle won. The White place, a building, some furniture, and Democrats Risk Being Upstaged By A Re- House moved from a strictly tax relief the physical facilities, the infrastruc- publican ‘‘October 2000 Surprise’’ On School policy to a direct appropriation policy ture, is the greatest frustration being Construction Modernization. of $1.3 billion for school infrastructure. experienced by people who want to Democratic Refusal To Support A Mean- The President introduced his budget. start charter schools. So no matter ingful Dollar Investment In School Construc- tion And Modernization Which Benefits And in the budget we made a break- which way you go, we need some help in this vital area of school moderniza- Working Families Could Weaken Our Ties To through because instead of proposing Our Labor Allies And Leave Open An Oppor- school construction only through the tion, construction, repair, renovation tunity For Republicans To Capture More Committee on Ways and Means and a and technology provision. Labor Union Support. tax credit process whereby the Federal In this July 19 Dear Colleague letter, We cannot emphasize too much the fact Government would pay the interest on I said: that the ‘‘fiscal negotiating environment’’ money borrowed by the States and the We have won common sense acknowl- has undergone a rapid, almost revolutionary localities, the Federal Government was edgment and respectability for the po- sea-change since the announcement of the long-term trillion dollar surplus. To adapt to proposing a direct appropriation for sition of Federal aid for school con- struction. To win this war means we this change and at the same time respond to school construction. That was a great the number one priority of the voters, we step forward, $1.3 billion for school must move from a $1.5 billion proposal urge you to review your position on this modernization. to a much larger annual funding pro- issue and sign up for co-sponsorship now. The victory, the second victory, posal. But the important thing is that Missing from the end-game budget surplus which came much later, in July, was we have begun. Both parties have negotiating table is a democratic scenario that after insisting for decades that taken a position for direct appropria- for long-term adequately funded school con- the Federal Government should not be tion of money for school construction. struction and modernization. I said also in this Dear Colleague let- To Co-Sponsor H.R. 3071 please call Bev- involved in school repairs and school erley Gallimore at 225–6231. Please note that construction, the Republican leader- ter: H.R. 3071 is a revision of H.R. 1820, which ship introduced legislation which au- The September end game negotia- changes the authorization from 110 billion thorizes $1.5 billion for school repairs. tions must, one, authorize the reserva- dollars in five years to 110 billion dollars in That is H.R. 4766, the Classroom Mod- tion of 10 percent of the annual sur- ten years. ernization Act of 2000, introduced by pluses over the next 10 years for the Yours For Education Excellence, the chairman of the committee, the improvement of education. Five per- MAJOR R. OWENS, M.C. gentleman from Pennsylvania (Mr. cent must be used for school infra- SEC. 12006. AUTHORIZATION OF APPROPRIA- GOODLING). structures; 5 percent must be placed in TIONS. That is the second great victory. To an education trust fund to be allocated There are authorized to be appropriated to have the Republican leadership move to the States with flexible guidelines carry out this title, 11 billion dollars for fis- off the center, move off the position for programs that work. cal year 2000 and a sum no less than this that school construction did not belong Allocations from the 10 percent an- amount for each of the 9 succeeding fiscal at the Federal level and have it propose nual surpluses shall be distributed in years. (HR 1820 which authorized funding for any kind of school construction was a accordance with the number of school five years has been revised to authorize the great victory. I understand most of the age children within each State, et same 110 billion dollars for ten years.) dollars being proposed in this legisla- cetera, et cetera. SUMMARY OF H.R. 3071 tion would go to charter schools, but I Mr. Speaker, I submit for the RECORD To amend title XII of the Elementary and do not care. my Dear Colleague letter of July 19, Secondary Education Act of 1965 to provide Let us understand that some of the 2000, and my Dear Colleague letter of grants to improve the infrastructure of ele- remedies for our school system that January 27, 2000. mentary and secondary schools.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25595 SEC. 12001. FINDINGS. cess to facilities than can support education be allocated to the States with flexible (1) There are 52,700,000 students in 88,223 el- into the 21st century. It is imperative that guidelines for programs that work. ementary and secondary schools across the we now view computer literacy as basic as Allocations from the 10% annual surpluses United States. The current Federal expendi- reading, writing, and arithmetic. shall be distributed in accordance with the ture for education infrastructure is (10) Both the national economy and na- number of school age children within each $12,000,000. The Federal expenditure per en- tional security require an investment in State. rolled student for education infrastructure is school construction. Students educated in Federal oversight responsibilities shall be 23 cents. An appropriation of 11 billion per modern, safe, and well-equipped schools will limited to the review, approval and moni- year for ten years would result in a Federal contribute to the continued strength of the toring of a School Improvement Plan sub- expenditure for education infrastructure of American economy and will ensure that our mitted by each State. $208 per student per fiscal year. Armed Forces are the best trained and best No less than 1% of all Federal funds must (2) The General Accounting Office in 1995 prepared in the world. The shortage of quali- be set aside for parent participation activi- reported that the Nation’s elementary and fied information technology workers con- ties. secondary schools need approximately tinues to escalate and presently many for- Yours For Education Excellence, $112,000,000,000 to repair or upgrade facilities. eign workers are being recruited to staff jobs MAJOR R. OWENS, Increased enrollments and continued build- in America. Military manpower shortages of Member of Congress. ing decay has raised this need to an esti- personnel capable of operating high tech Following on the heels of this effort equipment are already acute in the Navy and mated $200,000,000,000. Local education agen- during the Congressional Black Caucus cies, particularly those in central cities or increasing in other branches of the Armed those with high minority populations, can- Forces. legislative weekend, we held press con- not obtain adequate financial resources to SEC. 12003. FEDERAL ASSISTANCE IN THE FORM ferences along with numerous other en- complete necessary repairs or construction. OF GRANTS. tities in Washington and throughout These local education agencies face an an- (a) AUTHORITY AND CONDITIONS FOR the Nation that wanted to move more nual struggle to meet their operating budg- GRANTS.— aggressively in the area of school infra- ets. (1) IN GENERAL.—To assist in the construc- structure development. At that time I (3) According to a 1991 survey conducted by tion, reconstruction, renovation, or mod- issued a statement which began as fol- ernization for information technology of ele- the American Association of School Admin- lows: istrators, 74 percent of all public school mentary and secondary schools, the Sec- buildings need to be replaced. Almost one- retary shall make grants of funds to State A deep pool of students who have a third of such buildings were built prior to education agencies for the construction, re- basic education in reading, writing, World War II. construction, or renovation, or for mod- arithmetic, and computer literacy is (4) The majority of the schools in unsatis- ernization for information technology, or the point of departure for the creation factory condition are concentrated in central such schools. of the workforce needed for our bur- cities and serve large populations of poor or (2) FORMULA FOR ALLOCATION.—From the geoning digital economy. To guarantee minority students. amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate the continuous production of the quali- (5) In the large cities of America, numer- fied workers needed in the information ous schools still have polluting coal burning to each State an amount that bears the same furnaces. Decaying buildings threaten the ratio to such appropriated amount as the technology industry and other sectors health, safety, and learning opportunities of number of school-age children in such State of the digital economy, the Nation students. A growing body of research has bears to the total number of school-age chil- needs increased numbers of competent linked student achievement and behavior to dren in all the States. The Secretary shall high school graduates who swell the the physical building conditions and over- determine the number of school-age children college classrooms. At the end of this crowding. Asthma and other respiratory ill- on the basis of the most recent satisfactory funneling process, we will have the dig- data available to the Secretary. nesses exist in above average rates in areas ital scientists, technicians, mechanics, of coal burning pollution. SEC. 12006. AUTHORIZATION OF APPROPRIA- salesmen, managers, creative pro- (6) According to a study conducted by the TIONS. General Accounting Office in 1995, most There are authorized to be appropriated to ducers, and other categories of workers schools are unprepared in critical areas for carry out this title, 11 billion dollars for fis- needed. the 21st century. Most schools do not fully cal year 2000 and a sum no less than this Mr. Speaker, I ask to include the use modern technology and lack access to amount for each of the 9 succeeding fiscal statement I made on September 15 en- the information superhighway. Schools in years. (HR 1820 which authorized funding for titled, ‘‘To Close the Digital Divide, We central cities and schools with minority pop- five years has been revised to authorize the Must Build Schools First.’’ ulations above 50 percent are more likely to same 110 billion dollars for ten years.) TO CLOSE THE DIGITAL DIVIDE WE MUST fall short of adequate technology elements BUILD SCHOOLS FIRST and have a greater number of unsatisfactory CONGRESS OF THE UNITED STATES, environmental conditions than other HOUSE OF REPRESENTATIVES, (Statement of Congressman Major R. Owens, schools. Washington, DC, July 19, 2000. September 15, 2000) (7) School facilities such as libraries and BUILD SCHOOLS 2000—TWO BIG BATTLES HAVE A deep pool of students who have a basic science laboratories are inadequate in old BEEN WON—NOW LET US MOVE ON TO WIN THE education in reading, writing, arithmetic buildings and have outdated equipment. Fre- WAR and computer literacy is the point of depar- quently, in overcrowded schools, these same Victory 1—The White House moved from a ture for the creation of the workforce needed facilities are utilized as classrooms for an strictly tax relief policy to a direct appro- for our burgeoning digital economy. To guar- expanding school population. priation of 1.3 Billion Dollars for school in- antee the continuous production of the (8) Overcrowded classrooms have a dire im- frastructure. qualified workers needed in the information pact on learning. Students in overcrowded Victory 2—After insisting for decades that technology industry and other sectors of the schools score lower on both mathematics and the federal government should not be in- digital economy the nation needs increased reading exams than do students in schools volved in school repairs and school construc- numbers of competent high school graduates with adequate space. In addition, over- tion, the Republican Leadership introduced who swell the college classrooms. At the end crowding in schools negatively affects both legislation which authorizes 1.5 Billion Dol- of this funneling process we will have the classroom activities and instructional tech- lars for school repairs. (H.R. 4766—‘Class- digital scientists, technicians, mechanics, niques. Overcrowding also disrupts normal room Modernization Act of 2000’) salesmen, managers, creative producers, and operating procedures, such as lunch periods We have won common-sense acknowledg- other categories of workers needed. beginning as early as 10 a.m. and extending ment and respectability for the position of First, our potential workforce must have into the afternoon; teachers being unable to federal aid for school construction. To win high quality schooling. The buildings must use a single room for an entire day; too few this war means we must move from a 1.5 bil- be safe, conducive to learning, wired for lockers for students and jammed hallways lion dollar proposal to a 10 billion dollar an- technology and able to send the message and restrooms which encourage disorder and nual funding. that education is the top priority of our rowdy behavior. The September End-Game negotiations leaders. The National Education Association (9) School modernization for information must: study recently released reveals a need for technology is an absolute necessity for edu- Authorize the reservation of 10% of the an- more than 320 billion dollars to provide ade- cation for a coming CyberCivilization. The nual surpluses over the next ten years for quate school buildings across the nation. General Accounting Office has reported that the improvement of EDUCATION. 5% must The allocation to ‘‘Build Schools’’ must be many schools are not using modern tech- be used for school infrastructures; 5% must made this year from the 200 billion dollar nology and many students do not have ac- be placed in an ‘‘Education Trust Fund’’ to federal surplus. We are demanding just ten

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per cent of the surplus for increased federal days away this is an emergency. The mem- APPEAL TO PRESIDENT CLINTON TO FUND THE aid to education. A mere 20 billion dollars bers of the Congressional Black Caucus are PUBLIC SCHOOLS EMERGENCY RECOVERY per year for the next ten years would allow convinced that we are at a pivotal point in PROGRAM for the building and repair of thousands of the life of public education, and we are at a (Statement of the Congressional Black schools, and also provide funding for other critical point in the history of our nation. Caucus—October 18, 2000) education improvements. In my bill, H.R. For the first time in many decades we have In the critical area of Education members 3071, the annual eleven billion dollar appro- a federal budget surplus—and we anticipate a of the Congressional Black Caucus insist priation of construction and repair funds is significant surplus every year for the next that we cannot, once again, go home empty- proposed for distribution in accordance with ten years. We have a window of opportunity handed. Over the last two decades our con- the number of school-age children in each to make positive budget decisions this year stituent communities have suffered dev- state. which will set a pattern for the next ten astating budget cuts with the federal deficits School systems across the entire nation years. In the context of the present era of would benefit. All Americans who want always being blamed for the savage neglect. abundance the abandonment of failing public As we celebrate a historic 230 billion dollar meaningful action for education must join schools would be a shameful tragedy. the effort to send a message to the White surplus, why is it that not a single new con- House where the final (end-game) negotia- We, members of the CBC, have already crete initiative is being offered to bring re- tions on the budget will begin in a few days. stated our general budget and appropriations lief to the ‘‘Education Disaster Areas’’ of the Public opinion must speak out loud and clear priorities through the CBC Alternative nation. for school modernization and construction Budget which emphasized the need to use our The hour is late but the ‘‘end game’’ appro- now. We are calling on the coalition of par- surplus to invest in human resources. Since priations negotiations offer an opportunity ents, teachers, unions and contractors to in- the final countdown for the ‘‘end-game nego- to fund an intensely focused emergency pro- tensify their mobilization to force the utili- tiations’’ has now begun, we wish to state gram utilizing already authorized measures. zation of at least 10 per cent of the federal our priorities in more specific and concrete Failing schools in poverty areas can be as- surplus for education with the first dollars requests. sisted immediately. By targeting a massive earmarked to ‘‘Build Schools’’. First, we wish to state that we agree with ‘‘Comprehensive School Reform’’ effort to On October 11, very late in this game, the prevailing wisdom that a large percent- solve and resolve the worst education prob- age of the 230 billion dollar surplus should be lems in the nation, we establish a foundation recently, the Congressional Black Cau- for overall school reform that works. cus sent a letter to the President. This used for debt reduction. We also concur with the allocation of funds to strengthen Medi- Vouchers which undercut established was after a process by which the Cau- Care and provide for a Prescription Medicine school systems without offering adequate al- cus decided we support all of the pro- Benefit. ternatives are not the answer for schools in posals that have been made by Presi- crisis. Block grants which hand the power Secondly, we contend that after these pri- dential candidate AL GORE for edu- over to neglectful states must be prohibited. ority steps are taken, there should be a sig- The members of the CBC are adamantly op- cation. We support a plan that was in- nificant investment in human resources. At troduced by the minority leader, the posed to these two dangerous Republican least 10% of the surplus should be invested in proposals. We also refuse to accept the paral- gentleman from Missouri (Mr. GEP- Education; 5% for school construction and ysis of the current Democratic leadership HARDT). We support all these plans. But 5% for other school improvements. We pro- proposals. the Congressional Black Caucus was pose that another 10% be invested in hous- While the CBC endorses the Education frustrated by the fact that all the plans ing, health care and social services. For the Agendas that have been offered by President we see, while exemplary and we sup- benefit of the nation we stand firm on the Clinton, Vice President Gore and House port them, none of them focus directly adoption of all of these proposals. Democratic Leader Gephardt, we contend and immediately on the urgent prob- Since the hour is late and the negotiations that these plans lack a sense of urgency. The lem being faced by the schools in the have begun, we now find it necessary to Program that has been set forth by the CBC move from general concerns to specific emer- in no way runs counter to other Democratic inner-city communities. So we have gencies. Within the African American com- proposals. From the womb of the larger and sent a letter to the President with a munity Education remains as our greatest more sweeping agendas, the CBC is seeking proposal. Our proposal is called a Pub- emergency, the solution that makes it pos- to give birth to a baby that will breathe new lic Schools Emergency Recovery Pro- sible to resolve most of the other problems life into dying schools and systems. For ex- gram, and it summarizes a way to we face. Our crisis education situations re- ample: move immediately to take care of the quire a systematic and well targeted Public Vice President Gore proposed to allocate problems faced by the failing schools in Schools Emergency Recovery Program 115 billion dollars for education reform over our communities. Large numbers of which directly addresses the most critical the next ten years. problems of the worst schools of the nation. The CBC proposes that this process be schools are failing, and of course the While the larger national education prob- started by committing the first 10 billion students are failing, too, as the need lems are being considered, we must have an dollars and targeting this amount to the for immediate reaction and action. immediate intensified initiative to address worst schools. We call our emergency recovery pro- the nation’s schools which serve populations Democratic Leader Gephardt proposes the gram a program similar to a response where more than 50% of the students qualify hiring of a million teachers and the initi- to a natural disaster. We have an edu- for free school lunches; and, or schools which ation of universal pre-school programs. cation disaster. We would like to de- are failing to meet established standards and The CBC proposes to utilize minority col- are being ordered to close down. ‘‘Education leges and universities to begin a large scale clare certain areas as education dis- teacher recruitment and staff development aster areas. We would like to have a Disaster Areas’’ would also be determined in accordance with an additional set of hard- program. The pilot programs for universal program that moves immediately to ship and risk indices. pre-school should begin immediately in deal with that. So we sent this pro- ‘‘Education Disaster Areas.’’ The outline of the proposed CBC Public gram to the President. We sent the President Clinton’s initiatives on school Schools Emergency Recovery Program is at- President a budget attached to the pro- construction are absolute necessities. tached. We look forward to an immediate re- The CBC contends that the first federal posal showing how programs that have view of this matter with you. We know that already been authorized can be inte- construction and repair funds should go to it is possible to allocate the funding for this areas where new pre-school programs can not grated into this Public Schools Emer- program in the Labor, Education, Health and be opened and class sizes cannot be reduced gency Recovery Program. Human Services Appropriations Act, or with- due to a lack of physical facilities. Mr. Speaker, I submit the Public in an Omnibus Budget Act. The CBC proposes to streamline the deliv- Schools Emergency Recovery Program We extend our heartfelt thanks for your ery of relief to ‘‘Education Disaster Areas’’ with the budget attached. past eight years of partnership and support by utilizing private contractors to replace CONGRESSIONAL BLACK CAUCUS OF for the Congressional Black Caucus and the the Department of Education bureaucracy THE UNITED STATES CONGRESS, special constituency that we serve. which is not structured to implement emer- Washington, DC, October 11, 2000. Sincerely yours, gency measures. Five such ‘‘Education Hon. WILLIAM J. CLINTON, MAJOR R. OWENS, M.C., Prime Contractors’’ would cover five regions President of the United States, The White Chairman, CBC Edu- of the nation. House, Washington, DC. cation Braintrust. The CBC is calling an all organizations and DEAR MR. PRESIDENT: We respectfully re- JAMES E. CLYBURN, M.C., individuals who care about education to quest a meeting with you as soon as possible. Chair, Congressional rally in support of this very practical pro- With the end of the 106th session only a few Black Caucus. posal. Action must start now to replace the

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25597 noble but fruitless discussions about edu- close the widening digital divide where chil- ing Sources: Elementary and Secondary Edu- cation. Beyond the immediate education dren who live in ‘‘Education Disaster Areas’’ cation Assistance Act; Rangel-Johnson community we are appealing to civil rights are falling behind at an accelerating rate. School Modernization Act. groups, religious associations, labor unions III. DEFINITIONS E. Family and Student Support Services and the corporate community to support this Education Disaster Area—A school or Which Enhance Learning—Individual and initiative which ‘‘jump starts’’ education re- school system that is failing in a community family counseling; advocacy for health serv- form in a meaningful movement. environment with a high hardship and pov- ices; advocacy against community and envi- Our immediate need is for a meeting with erty index. Examples: Number eligible for ronmental hazards; advocacy for effective so- President Clinton. Our first task is to free school lunches; Rate of high risk dis- cial service; advocacy for jobs and job train- achieve a place on the President’s ‘‘end- eases; Juvenile delinquency rates; Percent- ing; assistance to immigrant families. Pos- game’’ negotiations agenda. Funding for the age of incarcerated parents; Percentage of sible Funding Sources: Title One; Public Schools Emergency Recovery Pro- high school dropouts. An ‘‘Area’’ may be as AmeriCorps; Community Services Grants; gram can begin now. small as one school or as large as a school Welfare To Work; Comprehensive School Re- CONGRESSIONAL BLACK CAUCUS district; but shall constitute no more than form; etc. 20,000 pupils. SUMMARY—THE PUBLIC SCHOOLS EMERGENCY F. Reserve Fund for Additional Incentives Emergency Committee of National Edu- RECOVERY PROGRAM and Rewards—Each ‘‘Education Prime Con- cation Advocates—Five education leaders tractor’’ must maintain a reserve fund to re- (Prepared by Congressman Major R. Owens, with special experience in the education of ward success as demonstrated via established Chairman, Congressional Black Caucus at-risk students. They shall be appointed by accountability standards. Funding: Com- Education Braintrust, in Consultation the President in consultation with Congres- prehensive School Reform. with CBC Special Budget/Appropriations sional leaders. Task Force-Appointed by the CBC-October Education Prime Control Agency—A non- V. POLICY, OPERATIONS, ADMINISTRATION 4, 2000) profit institution or private corporation with In order to streamline and ‘‘jump-start’’ I. INTRODUCTION an exceptional track record and experience the Public Schools Emergency Recovery At a time when the nation has a 230 billion in education and training. Program, Federal policy initiatives via an dollar surplus, the Congressional Black Cau- Predominantly Black Colleges/Univer- Emergency Committee of National Edu- cus refuses to accept the abandonment of the sities—Institutions which do not meet the cation Advocates in partnership with the nation’s most needy and challenged schools ‘‘Historic’’ criteria but serve a majority of Secretary of Education’s contracting and and school districts. The most effective Black students. monitoring authority will anchor the effort; course for the salvation of our overall edu- Significantly Hispanic Colleges/Univer- however, the private sector will be utilized cation system is to first intensely focus on sities—Institutions with 25% or more His- for rapid implementation and accountable the reform and revamping of our worst panic Students. administration of this emergency effort (see schools and school districts. Saving failing IV. MAJOR PROGRAM COMPONENTS attached chart). schools requires that a massive area based, A. Area and Site Based School Reform— VI. SPECIAL CONDITIONS site based education improvement program Mandate local comprehensive planning in- be structured from the bottom-up. A Public volving parents, teachers, community lead- States, local governments and Local Edu- Schools Emergency Recovery Program will re- ers, government officials, private sector rep- cation Agencies with jurisdiction over ‘‘Edu- quire no less than a budget commitment of resentatives, fraternal organizations, reli- cation Disaster Areas’’ must establish a 10 billion dollars. We propose a program that gious leaders, teachers unions and other state of readiness for the receipt of emer- can be implemented rapidly through a unions. gency funding; covenants for policy reforms, streamlined structure with strong national B. Enhanced Curriculum and Program Ac- accountability standards and adherence to policy guidance, a decentralized administra- tivities—Areas would be allowed to choose timetables must be developed; A Parent- tive and operations structure contracted out from a menu of established federally funded Community override provision shall be en- to non-profit or profit making qualified programs, other certified programs that forced in localities where official agencies agencies, institutions, or corporations with work, with no more than 20% of funding for and authorities are reluctant or obstruc- established records and experience in edu- new experimental programs. Examples: Com- tionist. cation and/or training. The ‘‘Education munity Technology Centers; Gear Up; TRIO; VII. EVALUATIONS Prime Contractors’’ shall be allowed consid- 21st Century Learning Centers; Safe and erable flexibility but with strict account- Drug-Free Schools; Title One; Comprehen- The Secretary of Education in consulta- ability. sive School Reform; Magnet Schools; Read- tion with the Emergency Committee of Na- II. FINDINGS ing Literacy Grants; etc. tional Education Advocates shall be respon- sible for selecting the agencies for the ongo- That no proposals currently under consid- C. Teacher and School Personnel Improve- ing and final evaluations of the performance eration are addressing the critical problem ments—A massive undergraduate student in- of each ‘‘Education Prime Contractor.’’ of failing public schools at a time when there centive program to recruit teachers; con- is a 230 billion dollar federal surplus. tinuing education for teachers and adminis- VIII. EMERGENCY IMPLEMENTATION That the long-term goals of the nation’s trators; new positions and staffing patterns; The President, the Senate and House Ap- education effort can never be realized if a a requirement that all who receive aid for propriations Committee negotiators, large segment of the future workforce is their education must contract to serve in an through the ‘‘end game’’ negotiation process abandoned. ‘‘Education Disaster Area’’ for at least two That the Federal government is already years for each year of education assistance have the authority to launch The Public funding a useful and relevant array of pro- received. Persons who reside in designated Schools Emergency Recovery Programs grams sufficient to implement a Public areas must receive priority in the distribu- using existing funding streams and already Schools Emergency Recovery Program; how- tion of education scholarships, fellowships, authorized programs (See attached chart). ever, increased appropriations and new man- stipends, etc. Funding Source Examples: The optimum vehicle for the administration dates to target enhanced funding to ‘‘Edu- Title Two; All Titles of Higher Education As- of this initiative is Comprehensive School cation Disaster Areas’’ are needed. sistance Act. Reform. That of first and greatest importance for D. Funding for Infrastructure and Equip- Other Members of the CBC Special Budget/ the achievement of overall education reform ment—Priority must be assigned to the re- Appropriations Task Force—Barbara Lee, is the need for a public policy determination lief of overcrowding and the support of lower Donald Payne, Carrie Meek, Robert Scott, that the recovery of failing public schools is student-teacher classroom ratios; to health Maxine Waters, Danny Davis, Eva Clayton, an urgent national priority. and safety repairs and renovations; to cre- Sheila Jackson Lee, Carolyn Kilpatrick, That we are rapidly entering a new ‘‘cyber- ating conditions more conducive to learning; Chaka Fattah, Harold Ford, Jr., Eddie Ber- civilization’’ and it is imperative that we to technology enhancement changes. Fund- nice Johnson, Charles Rangel. PUBLIC SCHOOLS EMERGENCY RECOVERY PROGRAM—CONGRESSIONAL BLACK CAUCUS EDUCATION BUDGET TASK FORCE

CBC Public Schools Emergency Recovery Pro- Item President’s 2001 request gram Increase requested Comments and recommendations

I. PROGRAMS AUTHORIZED OR PROPOSED IN ELEMENTARY AND SECONDARY EDUCATION ACT

Class Size Reduction ...... $1.75 Billion ...... Same as President however; Schools in Edu- 0 ...... The undesirably high pupil-teacher ratio is cation Disaster Areas must be served first. the prevailing pattern in the poorest dis- tricts.

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CBC Public Schools Emergency Recovery Pro- Item President’s 2001 request gram Increase requested Comments and recommendations

School Construction and Renovation (Class- $1.3 Billion Direct Appropriations ...... $3.6 Billion (All must be allocated to Edu- $2.3 Billion...... Oldest and most unsafe schools; largest rooms to reduce class sizes). cation Disaster Area Schools). number of trailers; most overcrowding in poorest areas. Community Technology Centers ...... $100 Million ...... $700 Million (to provide a Center for each $600 million ...... At least one million per year for 200 ‘‘Edu- Education Disaster Area without competi- cation Disaster Areas’’ for a three year tive grant process). start up period. Teacher Recruitment ...... $98 Million ...... $198 Million ...... $100 Million ...... Crash program with subsidized training and incentives to guarantee supply of certified teachers. 21st Century Community Learning Centers .... $1 Billion ...... $2 Billion ...... $1 Billion ...... Tutoring Afterschool, Saturday School, Sum- mer School. Gaining Early Awareness and Readiness for $325 Million ...... $400 Million ...... $75 Million ...... Tested option to increase early student moti- Undergraduate Programs (GEAR-UP). vation in conjunction with other innova- tions. Safe & Drug Free Schools ...... $650 Million ...... $750 Million ...... $100 Million ...... A tested working program needing more re- sources. Teacher Improvement ...... $1 Billion ...... $1.5 Billion ...... $500 Million ...... A high priority component. Technology Literacy Grant ...... $450 Million ...... $550 Million ...... $100 Million ...... Needed to operate in concert with Community Technology Centers. Migrant Assistance Programs ...... $410 Million ...... $510 Million ...... $100 Million ...... Needed to combat special problems in rural EDA’s. Reading Literacy Grants ...... $286 Million ...... $386 Million ...... $100 Million ...... It is important to saturate the entire environ- ment with learning opportunities. Comprehensive School Reform Demonstra- $190 Million ...... $2.69 Billion ...... $2.5 Billion ...... This is the major account for planning, ad- tions. ministration, innovations and evaluation. Magnet Schools Assistance ...... $110 Million ...... $210 Million ...... $100 Million ...... School integration is still a significant ob- stacle in many EDA’s. II. PROGRAMS AUTHORIZED OR PROPOSED IN HIGH EDUCATION ASSISTANCE ACT Pell Grants ...... Maximum Award-$3,500 $8.3 Billion Total Maximum Award-$3,700 $9.3 Billion Total $1 Billion ...... Additional funds targeted for high school Appropriation. Appropriation. graduates who reside in Education Dis- aster Areas (EDA’s). Technical Assistance and Resource Centers New Program ...... $100 Million ...... $100 Million ...... Necessary in order to maximize HBCU partici- for HBCU’s. pation. Historically Black Colleges and Universities- $10 Million ...... $20 Million ...... $10 Million ...... Expansion of a successful initiative. Undergraduate Program (HBCU–UP). Louis Stokes Alliances for Minority Participa- $26.5 Million ...... $126.5 Million ...... $100 Million ...... Cross coordination will produce additional tion (LSAMP). funding. The HBCU Research University Science and New Program...... $20 Million ...... $100 Million ...... Address areas where the greatest number of Technology Program (T.H.R.U.S.T.). teachers must be educated. Title Hispanic Serving Institutions ...... $20 Million ...... $100 Million ...... $80 Million ...... Vital role in recruitment and training of His- panic teachers. Research Extension for 1890 HBCU Land- New Program ...... 0 Million ...... $20 Million ...... For Biotechnology, Environmental and Agri- Grant Colleges and Universities. culture teacher training. III. PROGRAMS AUTHORIZED OR PROPOSED IN OTHER JURISDICTIONS Rangel-Johnson School Modernization ...... $25 Million (Interest payments only) ...... Same as President (For all other schools out- 0 ...... This slower process requiring starting credit side Disaster Areas). or legislative action is not suitable for ‘‘emergencies’’.

We sent a letter to the President dis- the President takes into consideration In order for the class size reduction cussing these two items. The letter all those proposals. program to work, you need more and reads as follows: For example, Vice President AL GORE better physical facilities. We respectfully request a meeting proposes to allocate $115 billion for Mr. Speaker, I also add the letter to with you as soon as possible. With the education reform over the next 10 the President of October 11, 2000, and the appeal to President Clinton, the end of the 106th session only a few days years. The CBC proposal that we sent away, this is an emergency. The mem- statement issued in a press conference to the President proposes that this bers of the Congressional Black Caucus on October 18, 2000. process be started by committing the are convinced that we are at a pivotal Finally, I commend to you the fact first $10 billion this year and to direct point in the life of public education, that there are four very good pieces of that to the worst schools. and we are at a critical point in the legislation on the table right now history of our Nation. For the first Democratic Leader GEPHARDT pro- which relate to school construction. I time in many decades we have a Fed- poses the hiring of a million teachers would like to introduce for the RECORD eral budget surplus, and we anticipate and the initiation of a universal pre- School Construction Bills Introduced a significant surplus every year for the school program over the years. During the 106th Congress, these four next 10 years. We have a window of op- The CBC proposes to utilize minority particular bills. portunity to make positive budget de- colleges and universities to begin a SCHOOL CONSTRUCTION BILLS INTRODUCED cisions this year. These budget deci- large-scale teacher recruitment and DURING THE 106TH CONGRESS sions will set a pattern for the next 10 staff development program now. The Amends Title XII of the Elementary and years. In the context of the present era Secondary Education Act of 1965 to provide pilot programs for universal preschool grants to improve the infrastructure of Ele- of abundance, the abandonment of fail- also should begin immediately and the ing public schools would be a shameful mentary and Secondary Schools (H.R. 3071). first universal preschool program Provides $110 billion over ten years for ele- tragedy. should be in the education disaster mentary and secondary school construction, We asked the President to examine areas that we talked about. reconstruction, renovation, or modernization our proposal, and most of all we want- for information technology of such schools. ed the President to make certain that President Clinton’s initiatives on Federal grants go to schools with a dem- in the process of the end game negotia- school construction of course are abso- onstrated need based on the condition of the tions, he must keep on the table the lutely necessities, and we contend that facility the age of the facility and the needs school construction proposals. the first initiative should go toward related to preparation for modern tech- Finally, we have made a statement the poorest areas. The CBC contends nology. The Secretary can allocate to each which says what I have said before, that the first Federal construction re- state an amount that bears the same ratio to that all of these proposals that have pair funds should go to areas where such appropriated amount as the number of school-age children in such state bears to the been developed by Democrats are ex- new preschool programs cannot be total number of school-age children in all emplary and we endorse them. Our pro- opened and class sizes cannot be re- the states. (Sponsor: Congressman Owens, posal for a public schools recovery pro- duced due to a lack of physical facili- Referred to the House Committee on Edu- gram that was attached in the letter to ties. cation and the Workforce).

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25599 Public School Modernization Act of 1999 (The following Members (at the re- of Colorado as the ‘‘Spanish Peaks Wilder- (H.R. 1660). Amends the Internal Revenue quest of Mr. SHOWS) to revise and ex- ness.’’ Code to provide; a limited credit for qualified tend their remarks and include extra- S. 610. An act to direct the Secretary of the public school modernization bonds; for quali- neous material:) Interior to convey certain land under the ju- fied school construction bonds and qualified risdiction of the Bureau of Land Manage- zone academy bonds and establish limits and Mr. SHERMAN, for 5 minutes, today. ment in Washakie County and Big Horn allocation formulas for such bonds; and cor- Mr. BACA, for 5 minutes, today. County, Wyoming, to the Westside Irrigation porations, a limited specialized training cen- Mr. SHOWS, for 5 minutes, today. District, Wyoming, and for other purposes. ter credit (Sponsor: Congressman Rangel, Mr. WU, for 5 minutes, today. S. 710. An act to authorize a feasibility Referred to the Committee on Ways and Mr. MCGOVERN, for 5 minutes, today. study on the preservation of certain Civil Means, and the Committee on Education and (The following Members (at the re- War battlefields along the Vicksburg Cam- Workforce). quest of Mr. GOSS) to revise and extend paign Trail. Public School Repair and Renovation Act their remarks and include extraneous S. 748. An act to improve Native hiring and of 2000 (H.R. 3705). Amends the Elementary material:) contracting by the Federal Government and Secondary Education Act of 1965 (ESEA) within the State of Alaska, and for other Mr. SMITH of Michigan, for 5 minutes, to establish a new title XII, Public School purposes. Repair and Renovation, which authorizes today. S. 1030. An act to provide that the convey- Federal financial assistance for the urgent Mr. GEKAS, for 5 minutes, today. ance by the Bureau of Land Management of repair and renovation of public elementary Mr. HANSEN, for 5 minutes, today. the surface estate to certain land in the and secondary schools in high-need areas. Mr. GOSS, for 5 minutes, today. State of Wyoming in exchange for certain Provides $1.3 billion for fiscal year 2001 and Mr. BURTON of Indiana, for 5 minutes, private land will not result in the removal of such sums as may be necessary for each of today. the land from operation of the mining laws. the 4 succeeding fiscal years (Sponsor: Con- S. 1088. An act to authorize the Secretary gressman Clay, Referred to the House Com- Mr. TANCREDO, for 5 minutes, today. Mr. WALDEN of Oregon, for 5 minutes, of Agriculture to convey certain administra- mittee on Education and the Workforce). tive sites in national forests in the State of Classroom Modernization Act of 2000 (H.R. today. Arizona, to convey certain land to the City 4766). Amends the Elementary and Secondary Mr. THUNE, for 5 minutes, today. of Sedona, Arizona for a wastewater treat- Education Act of 1965 to authorize the appro- Mr. SOUDER, for 5 minutes, October ment facility, and for other purposes. priation of funds to assist states and local 31. S. 1211. An act to amend the Colorado educational agencies with the expenses of Mr. EHLERS, for 5 minutes, October River Basin Salinity Control Act to author- Federal education statutory requirements 31. ize additional measures to carry out the con- and priorities relating to infrastructure, Mr. DELAY, for 5 minutes, today. trol of salinity upstream of Imperial Dam in technology, and equipment. Provides $1.5 bil- a cost-effective manner. lion over five years for Charter Schools Mr. LEACH, for 5 minutes, October 31. S. 1218. An act to direct the Secretary of (Sponsor: Congressman Goodling, Referred to f the Interior to issue to the Landusky School the House Committee on Education and the ENROLLED BILLS SIGNED District, without consideration, a patent for Workforce). Mr. THOMAS, from the Committee the surface and mineral estates of certain In conclusion, we are about to end lots, and for other purposes. the 106th Congress. We have a golden on House Administration, reported S. 1275. An act to authorize the Secretary opportunity. We have on the table a that that committee had examined and of the Interior to produce and sell products proposal now that could make a break- found truly enrolled bills of the House and to sell publications relating to the Hoo- through in the critical area of school of the following titles, which were ver Dam, and to deposit revenues generated construction. We would like to see hard thereupon signed by the Speaker: from the sales into the Colorado River Dam hats all across America building H.R. 2498. An act to amend the Public fund. Health Service Act to provide for rec- S. 1367. An act to amend the Act which es- schools. The time has come to build tablished the Saint-Gaudens National His- schools. That is the first step. We want ommendations of the Secretary of Health and Human Services regarding the place- toric Site, in the State of New Hampshire by to improve education. Let us make cer- ment of automatic external defibrillators in modifying the boundary and for other pur- tain that the facilities are there, the Federal buildings in order to improve sur- poses. equipment is there, let us go forward to vival rates of individuals who experience car- S. 1778. An act to provide for equal ex- meet the challenge of a new cyber-civ- diac arrest in such buildings, and to estab- changes of land around the Cascade Res- ilization and keep America in the lead- lish protections from civil liability arising ervoir. ership of the digital economy. from the emergency use of the devices. S. 1894. An act to provide for the convey- Education comes first. Brain power is H.R. 4788. An act to amend the United ance of certain land to Park County, Wyo- States Grain Standards Act to extend the ming. the most important force in the world S. 2069. An act to permit the conveyance of today. authority of the Secretary of Agriculture to collect fees to cover the cost of services per- certain land in Powell, Wyoming. f formed under that Act, extend the authoriza- S. 2300. An act to amend the Mineral Leas- ing Act to increase the maximum acreage of LEAVE OF ABSENCE tion of appropriations for that Act, and im- prove the administration of that Act, to re- Federal leases for coal that may be held by By unanimous consent, leave of ab- enact the United States Warehouse Act to an entity in any 1 State. sence was granted to: require the licensing and inspection of ware- S. 2425. An act to authorize the Bureau of Mr. GREEN of Texas (at the request of houses used to store agricultural products Reclamation to participate in the planning, Mr. GEPHARDT) for today after 1:50 p.m. and provide for the issuance of receipts, in- design, and construction of the Bend Feed on account of official business. cluding electronic receipts, for agricultural Canal Pipeline Project, Oregon, and for other purposes. Ms. EDDIE BERNICE JOHNSON of Texas products stored or handled in licensed ware- houses, and for other purposes. S. 2872. An act to improve the cause of ac- (at the request of Mr. GEPHARDT) for tion for misrepresentation of Indian arts and today on account of personal business. H.R. 4868. An act to amend the Harmonized Tariff Schedule of the United States to mod- crafts. Mr. MASCARA (at the request of Mr. ify temporarily certain rates of duty, to S. 2882. An act to authorize the Bureau of GEPHARDT) for today after 11:00 a.m. on make other technical amendments to the Reclamation to conduct certain feasibility account of business in the district. trade laws, and for other purposes. studies to augment water supplies for the Mr. OSE (at the request of Mr. Klamath Project, Oregon and California, and f ARMEY) for today after 1:00 p.m. and for for other purposes. the balance of the week on account of SENATE ENROLLED BILLS SIGNED S. 2951. An act to authorize the Secretary personal reasons. of the Interior to conduct a study to inves- The SPEAKER announced his signa- tigate opportunities to better manage the f ture to enrolled bills of the Senate of water resources in the Salmon Creek water- SPECIAL ORDERS GRANTED the following titles: shed of the upper Columbia River. S. 501. An act to address resource manage- S. 2977. An act to assist in the establish- By unanimous consent, permission to ment issues in Glacier Bay National Park, ment of an interpretive center and museum address the House, following the legis- Alaska. in the vicinity of the diamond Valley Lake lative program and any special orders S. 503. An act designating certain land in in southern California to ensure the protec- heretofore entered, was granted to: the San Isabel National Forest in the State tion and interpretation of the paleontology

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25600 CONGRESSIONAL RECORD—HOUSE October 30, 2000 discoveries made at the lake and to develop On October 29, 2000: the Telecommunications Act of 1996, Video a trail system for the lake for use by pedes- H.J. Res. 119. Making further continuing Programming Accessibility [MM Docket No. trians and nonmotorized vehicles. appropriations for the fiscal year 2001, and 95–176] received October 27, 2000, pursuant to S. 3022. An act to direct the Secretary of for other purposes. 5 U.S.C. 801(a)(1)(A); to the Committee on the Interior to convey certain irrigation fa- f Commerce. cilities to the Nampa and the Meridian Irri- 10775. A letter from the Special Assistant, gation District. b 1930 Mass Media Bureau, Federal Communica- f tions Commission, transmitting the Com- ADJOURNMENT mission’s final rule—Amendment of Section BILLS AND JOINT RESOLUTIONS Mr. OWENS. Mr. Speaker, I move 73.202(b), Table of Allotments, FM Broadcast PRESENTED TO THE PRESIDENT that the House do now adjourn. Stations. (Jenner, California)[MM Docket Mr. THOMAS, from the Committee The motion was agreed to; accord- No. 00–33; RM–9816] (Culver, Indiana) [MM on House Administration, reported ingly (at 7 o’clock and 35 minutes Docket No. 00–34; RM–9817] (Lake Isabella, California) [MM Docket No. 00–35; RM–9818] that that committee did on the fol- p.m.), under its previous order, the (Olpe, Kansas) [MM Docket No. 00–71; RM– lowing dates present to the President, House adjourned until tomorrow, Tues- 9852] (Covelo, California) [MM Docket No. 00– for his approval, bills and joint resolu- day, October 31, 2000, at 6 p.m. 72; RM–9853] (Sterling, Colorado) [MM Dock- tions of the House of the following ti- f et No. 00–74; RM–9862] (Kahului, Hawaii) [MM tles: Docket No. 00–75; RM–9863] received October EXECUTIVE COMMUNICATIONS, On October 27, 2000: 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 1651. To amend the Fishermen’s Pro- ETC. the Committee on Commerce. tective Act of 1967 to extend the period dur- Under clause 8 of rule XII, executive 10776. A letter from the Special Assistant, ing which reimbursement may be provided to Mass Media Bureau, Federal Communica- communications were taken from the tions Commission, transmitting the Com- owners of the United States fishing vessels Speaker’s table and referred as follows: for costs incurred when such a vessel is mission’s final rule—Amendment of Section seized and detained by a foreign country, and 10768. A letter from the General Counsel, 73.202(b), FM Table of Allotments, FM Broad- for other purposes. Federal Emergency Management Agency, cast Stations. (Cloverdale, Point Arena, and H.R. 3218. To amend title 31, United States transmitting the Agency’s final rule—Sus- Cazadero, California) [MM Docket No. 99–180; Code, to prohibit the appearance of Social pension of Community Eligibility [Docket MM Docket No. 00–59; RM–9583; RM–9734; Security account numbers on or through un- No. FEMA–7745] received October 27, 2000, RM–9759] received October 26, 2000, pursuant opened mailings of checks or other drafts pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on issued on public money in the Treasury. mittee on Banking and Financial Services. Commerce. H.R. 5178. To require changes in the 10769. A letter from the General Counsel, 10777. A letter from the Special Assistant, bloodborne pathogens standard in effect Federal Emergency Management Agency, Mass Media Bureau, Federal Communica- under the Occupational Safety and Health transmitting the Agency’s final rule—List of tions Commission, transmitting the Com- Act of 1970. Communities Eligible for the Sale of Flood mission’s final rule—Amendment of Section H.J. Res. 117. Making further continuing Insurance [Docket No. FEMA–7736] received 73.202(b), FM Table of Allotments, FM Broad- appropriations for the fiscal year 2001, and October 27, 2000, pursuant to 5 U.S.C. cast Stations. (Charlotte, Texas) [MM Dock- for other purposes. 801(a)(1)(A); to the Committee on Banking et No. 00–22; RM–9795] received October 26, On October 28, 2000: and Financial Services. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 2780. To authorize the Attorney Gen- 10770. A letter from the Acting Assistant Committee on Commerce. eral to provide grants for organizations to General Counsel for Regulations, Depart- 10778. A letter from the Special Assistant, find missing adults. ment of Education, transmitting the Depart- Mass Media Bureau, Federal Communica- H.R. 2884. To extend energy conservation ment’s final rule—Student Assistance Gen- tions Commission, transmitting the Com- programs under the Energy Policy and Con- eral Provisions, Federal Family Education mission’s final rule—Amendment of Section servation Act through fiscal year 2003. Loan Program, William D. Ford Federal Di- 73.202(b), FM Table of Allotments, FM Broad- H.R. 4404. To permit the payment of med- rect Loan Program, and Federal Pell Grant cast Stations. (George West, Pearsall and ical expenses incurred by the United States Program (RIN: 1845–AA17) received October Victoria, Texas) [MM Docket No. 99–342; RM– Park Police in the performance of duty to be 27, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9773; RM–9844] received October 26, 2000, pur- made directly by the National Park Services, the Committee on Education and the Work- suant to 5 U.S.C. 801(a)(1)(A); to the Com- to allow for waiver and indemnification in force. mittee on Commerce. mutual law enforcement agreements be- 10771. A letter from the Secretary, Depart- 10779. A letter from the Special Assistant, tween the National Park Service and a State ment of Education, transmitting the Depart- Mass Media Bureau, Federal Communica- or political subdivision when required by ment’s final rule—Special Leveraging Edu- tions Commission, transmitting the Com- State law, and for other purposes. cational Assistance Partnership Program mission’s final rule—Amendment of Section H.R. 4957. To amend the Omnibus Parks (RIN: 1845–AA18) received October 27, 2000; to 73.202(b), FM Table of Allotments, FM Broad- and Public Lands Management Act of 1996 to the Committee on Education and the Work- cast Stations. (Eastman, Vienna, Ellaville extend the legislative authority for the force. and Byromville, Georgia) [MM Docket No. Black Patriots Foundation to establish a 10772. A letter from the Director, Corporate 00–56; RM–9839; RM–9905; RM–9906] received commemorative work. Policy and Research Department, Pension October 26, 2000, pursuant to 5 U.S.C. H.R. 5083. To extend the authority of the Benefit Guaranty Corporation, transmitting 801(a)(1)(A); to the Committee on Commerce. Los Angeles Unified School District to use the Corporation’s final rule—Benefits Pay- 10780. A letter from the Special Assistant, certain lands in the city of South Gate, Cali- able in Terminated Single-Employer Plans; Mass Media Bureau, Federal Communica- fornia, which were acquired with amounts Allocation of Assets in Single-Employer tions Commission, transmitting the Com- provided from the land and water conserva- Plans; Interest Assumptions for Valuing and mission’s final rule—Amendment of Section tion fund, for elementary school purposes. Paying Benefits—received October 27, 2000, 73.202(b), FM Table of Allotments, FM Broad- H.R. 5157. To amend title 44, United States pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cast Stations. (Ravenwood, Missouri) [MM Code, to ensure preservation of the records of mittee on Education and the Workforce. Docket No. 00–109; RM–9899] received October the Freedman’s Bureau. 10773. A letter from the Special Assistant, 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 5314. To amend title 10, United States Mass Media Bureau, Federal Communica- the Committee on Commerce. Code, to facilitate the adoption of retired tions Commission, transmitting the Com- 10781. A letter from the Special Assistant, military working dogs by law enforcement mission’s final rule—Amendment of Section Mass Media Bureau, Federal Communica- agencies, former handlers of these dogs, and 73.622(b), Table of Allotments, Digital Tele- tions Commission, transmitting the Com- other persons capable of caring for these vision Broadcast Stations. (Killeen, Texas) mission’s final rule—Amendment of Section dogs. [MM Docket No. 00–103; RM–9878] received 73.202(b), FM Table of Allotments, FM Broad- H.R. 5331. To authorize the Frederick October 26, 2000, pursuant to 5 U.S.C. cast Stations. (Upton and Pine Haven, Wyo- Douglass Gardens, Inc., to establish a memo- 801(a)(1)(A); to the Committee on Commerce. ming) [MM Docket No. 99–57; RM–9460; RM– rial and gardens on Department of the Inte- 10774. A letter from the Chief, Policy and 9610] received October 26, 2000, pursuant to 5 rior lands in the District of Columbia or its Rules Division, Federal Communications U.S.C. 801(a)(1)(A); to the Committee on environs in honor and commemoration of Commission, transmitting the Commission’s Commerce. Frederick Douglass. final rule—Closed Captioning Requirements 10782. A letter from the Chief, Policy and H.J. Res. 118. Making further continuing for Digital Television Receivers [ET Docket Rules Division, Office of Engineering and appropriations for the fiscal year 2001, and No. 99–254] Closed Captioning and Video Pro- Technology, Federal Communications Com- for other purposes. gramming, Implementation of Section 305 of mission, transmitting the Commission’s

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 October 30, 2000 CONGRESSIONAL RECORD—HOUSE 25601 final rule—Amendment of Parts 2 and 87 of 10793. A letter from the Program Analyst, worthiness Directives; Fokker Model F.28 the Commission’s Rules Regarding the FAA, Department of Transportation, trans- Mark 0100 Series Airplanes [Docket No. 2000– Radionavigation Service at 31.8–32.3 GHz [ET mitting the Department’s final rule—Amend- NM–17–AD; Amendment 39–11944; AD 2000–21– Docket No. 98–197] received October 27, 2000, ment to Class E Airspace; Oakley, KS [Air- 12] (RIN: 2120–AA64) received October 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- space Docket No. 00–ACE–20] received Octo- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Commerce. ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Transportation and Infrastruc- 10783. A letter from the Assistant Sec- to the Committee on Transportation and In- ture. retary for Legislative Affairs, Department of frastructure. 10803. A letter from the Program Ananlyst, State, transmitting Determination and Cer- 10794. A letter from the Program Analyst, FAA, Department of Transportation, trans- tification for Fiscal Year 2001 Concerning Ar- FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- gentina’s and Brazil’s Ineligibility Under mitting the Department’s final rule—Amend- worthiness Directives; Dornier Model 328–300 Section 102(a)(2) of the Arms Export Control ment to Class E Airspace; Fairfield, IA [Air- Series Airplanes [Docket No. 99–NM–364–AD; Act; to the Committee on International Re- space Docket No. 00–ACE–13] received Octo- Amendment 39–11945; AD 2000–21–13] (RIN: lations. ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 2120–AA64) received October 26, 2000, pursu- 10784. A letter from the Auditor, District of to the Committee on Transportation and In- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Columbia, transmitting a report entitled frastructure. on Transportation and Infrastructure. ‘‘District’s Unclaimed Property Program 10795. A letter from the Program Analyst, 10804. A letter from the Program Analyst, Needs Substantial Improvement,’’ pursuant FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- to D.C. Code section 1–233(c)(1); to the Com- mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- mittee on Government Reform. worthiness Directives; Boeing Model 757 Se- worthiness Directives; Boeing Model 747 and 10785. A letter from the Program Analyst, ries Airplanes Powered by Pratt & Whitney 767 Series Airplanes Powered by General FAA, Department of Transportation, trans- Engines [Docket No. 99–NM–308–AD; Amend- Electric Model CF6–80C2 Series Engines mitting the Department’s final rule—Amend- ment 39–11920; AD 2000–20–09] (RIN: 2120– [Docket No. 99–NM–228–AD; Amendment 39– ment to Class E Airspace; Columbia, MO AA64) received October 26, 2000, pursuant to 11756; AD 2000–11–08] (RIN: 2120–AA64) re- [Airspace Docket No. 00–ACE–21] received 5 U.S.C. 801(a)(1)(A); to the Committee on ceived October 26, 2000, pursuant to 5 U.S.C. October 26, 2000, pursuant to 5 U.S.C. Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 10796. A letter from the Program Analyst, tation and Infrastructure. tation and Infrastructure. FAA, Department of Transportation, trans- 10805. A letter from the Program Analyst, 10786. A letter from the Program Analyst, mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- ment to Class E Airspace; Elkhart, KS [Air- mitting the Department’s final rule—Air- mitting the Department’s final rule—Amend- space Docket No. 00–ACE–22] received Octo- worthiness Directives; Eurocopter France ment to Class E Airspace; Oelwein, IA; Cor- ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Model AS332C, L, and L1 Helicopters [Docket rection [Airspace Docket No. 00–ACE–12] re- to the Committee on Transportation and In- No. 99–SW–35–AD; Amendment 39–11929; AD ceived October 26, 2000, pursuant to 5 U.S.C. frastructure. 2000–20–17] (RIN: 2120–AA64) received October 801(a)(1)(A); to the Committee on Transpor- 10797. A letter from the Program Analyst, 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. FAA, Department of Transportation, trans- the Committee on Transportation and Infra- 10787. A letter from the Program Analyst, mitting the Department’s final rule—Air- structure. FAA, Department of Transportation, trans- 10806. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- Model DC–8 Series Airplanes [Docket No. 98– ment of Class E Airspace; Picayune, MS [Air- mitting the Department’s final rule—Air- NM–135–AD; Amendment 39–11919; AD 2000– space Docket No. 00–ASO–28] received Octo- worthiness Directives; Boeing Model 747–400 20–08] (RIN: 2120–AA64) received October 26, ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Series Airplanes [Docket No. 99–NM–248–AD; 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee on Transportation and In- Amendment 39–11932; AD 2000–20–20] (RIN: Committee on Transportation and Infra- frastructure. 2120–AA64) received October 26, 2000, pursu- structure. 10788. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10798. A letter from the Program Analyst, FAA, Department of Transportation, trans- on Transportation and Infrastructure. mitting the Department’s final rule—Modi- FAA, Department of Transportation, trans- 10807. A letter from the Program Analyst, fication of Class E Airspace; Harbor Springs, mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- MI [Airspace Docket No. 00–AGL–14] received ment to Class E Airspace; Pittsburg, KS mitting the Department’s final rule—Amend- October 26, 2000, pursuant to 5 U.S.C. [Airspace Docket No. 00–ACE–28] received ment of Class E4 Airspace; Melbourne, FL 801(a)(1)(A); to the Committee on Transpor- October 26, 2000, pursuant to 5 U.S.C. [Airspace Docket No. 00–ASO–34] received tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- October 26, 2000, pursuant to 5 U.S.C. 10789. A letter from the Program Analyst, tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- 10799. A letter from the Program Analyst, tation and Infrastructure. mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- 10808. A letter from the Program Analyst, ment to Class E Airspace; Dexter, MO [Air- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- space Docket No. 00–ACE–31] received Octo- worthiness Directives; Airbus Model A300 mitting the Department’s final rule—Air- ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); and A300–600 Series Airplanes [Docket No. worthiness Directives; Bell Helicopter Tex- to the Committee on Transportation and In- 98–NM–207–AD; Amendment 39–11926; AD tron Canada Model 407 Helicopters [Docket frastructure. 2000–20–15] (RIN: 2120–AA64) received October No. 2000–SW–24–AD; Amendment 39–11930; AD 10790. A letter from the Program Analyst, 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 2000–20–18] (RIN: 2120–AA64) received October FAA, Department of Transportation, trans- the Committee on Transportation and Infra- 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Stand- structure. the Committee on Transportation and Infra- ard Instrument Approach Procedures; Mis- 10800. A letter from the Program Analyst, structure. cellaneous Amendments [Docket No. 30208; FAA, Department of Transportation, trans- 10809. A letter from the Program Analyst, Amdt. No. 2016] received October 26, 2000, mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Boeing Model 737–100, mitting the Department’s final rule—Re- mittee on Transportation and Infrastruc- –200, –200C, –300, –400, and –500 Series Air- moval of Class E Airspace; Simmons Army ture. planes [Docket No. 99–NM–69–AD; Amend- Airfield (AAF), NC. [Airspace Docket No. 00– 10791. A letter from the Program Analyst, ment 39–11906; AD 2000–19–05] (RIN: 2120– ASO–39] received October 26, 2000, pursuant FAA, Department of Transportation, trans- AA64) received October 26, 2000, pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Amend- 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. ment to Class E Airspace; Moberly, MO [Air- Transportation and Infrastructure. 10810. A letter from the Program Analyst, space Docket No. 00–ACE–30] received Octo- 10801. A letter from the Program Analyst, FAA, Department of Transportation, trans- ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); FAA, Department of Transportation, trans- mitting the Department’s final rule—Revi- to the Committee on Transportation and In- mitting the Department’s final rule—Estab- sion of Class E Airspace; Ambler, AK [Air- frastructure. lishment of Class D and Class E Airspace, space Docket No. 00–AAL–4] received October 10792. A letter from the Program Analyst, and Amendment to Class E Airspace; Garden 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- City, KS [Airspace Docket No. 00–ACE–25] re- the Committee on Transportation and Infra- mitting the Department’s final rule—Amend- ceived October 26, 2000, pursuant to 5 U.S.C. structure. ment to Class E Airspace; Atwood, KS [Air- 801(a)(1)(A); to the Committee on Transpor- 10811. A letter from the Chief, Regulations space Docket No. 00–ACE–19] received Octo- tation and Infrastructure. Unit, Internal Revenue Service, transmitting ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 10802. A letter from the Program Analyst, the Service’s final rule—Action on Decision to the Committee on Transportation and In- FAA, Department of Transportation, trans- John D. Shea v. Commissioner—received Oc- frastructure. mitting the Department’s final rule—Air- tober 27, 2000, pursuant to 5 U.S.C.

VerDate Aug 04 2004 10:36 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR00\H30OC0.003 H30OC0 25602 CONGRESSIONAL RECORD—HOUSE October 30, 2000 801(a)(1)(A); to the Committee on Ways and H.R. 4144. Referral to the Committee on By Ms. LOFGREN: Means. the Budget extended for a period ending not H.R. 5604. A bill to authorize funding for 10812. A letter from the Chief, Regulations later than October 31, 2000. certain housing assistance to increase the Unit, Internal Revenue Service, transmitting H.R. 4548. Referral to the Committee on availability of affordable housing; to the the Service’s final rule—Last-in, First-out Education and the Workforce extended for a Committee on Banking and Financial Serv- Inventories [Rev. Rul. 2000–51] received Octo- period ending not later than October 31, 2000. ices. ber 27, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 4585. Referral to the Committee on By Mr. MORAN of Virginia (for him- to the Committee on Ways and Means. Commerce extended for a period ending not self, Mr. CUMMINGS, Mr. DAVIS of Vir- 10813. A letter from the Secretary, Depart- later than October 31, 2000. ginia, Mr. HOYER, Mrs. MORELLA, Ms. ment of Defense, transmitting the Annual H.R. 4725. Referral to the Committee on NORTON, Mr. WOLF, and Mr. WYNN): Report for the National Security Education Education and the Workforce extended for a H.R. 5605. A bill to require that the same Program for 1999; jointly to the Committees period ending not later than October 31, 2000. transit pass transportation fringe benefits on Intelligence (Permanent Select) and Edu- H.R. 4857. Referral to the Committee on that are currently being offered to certain cation and the Workforce. the Judiciary, Banking and Financial Serv- executive branch employees in the National f ices, and Commerce extended for a period Capital Region be extended to other simi- ending not later than October 31, 2000. larly situated Federal employees; to the REPORTS OF COMMITTEES ON H.R. 5130. Referral to the Committee on Committee on Government Reform. PUBLIC BILLS AND RESOLUTIONS Transportation and Infrastructure extended By Mr. PALLONE: Under clause 2 of rule XIII, reports of for a period ending not later than October 31, H.R. 5606. A bill to amend the Federal 2000. committees were delivered to the Clerk Water Pollution Control Act to improve the H.R. 5291. Referral to the Committee on enforcement and compliance programs; to for printing and reference to the proper Ways and Means extended for a period ending the Committee on Transportation and Infra- calendar, as follows: not later than October 31, 2000. structure. Mr. YOUNG of Alaska: Committee on Re- f By Mr. GILMAN: sources. H.R. 1500. A bill to accelerate the H. Res. 664. A resolution expressing the Wilderness designation process by estab- PUBLIC BILLS AND RESOLUTIONS sense of the House of Representatives regard- lishing a timetable for the completion of wil- Under clause 2 of rule XII, public ing the Clinton Administration’s lack of co- derness studies on Federal Lands (Rept. 106– bills and resolutions of the following operation and efforts to impede the inves- 1017). Referred to the Committee of the titles were introduced and severally re- tigation by the General Accounting Office Whole House on the State of the Union. into the implementation of United States Mr. YOUNG of Alaska: Committee on Re- ferred, as follows: policy toward United Nations peacekeeping sources. H.R. 5130. A bill to authorize the By Mr. RANGEL (for himself and Mr. operations; to the Committee on Inter- Secretary of the Interior to provide cost DINGELL): national Relations. sharing for the CALFED water enhancement H.R. 5601. A bill to amend titles XVIII, XIX, and XXI of the Social Security Act to programs in California; with an amendment f (Rept. 106–1018 Pt. 1). Ordered to be printed. provide benefits improvements and bene- Mr. BLILEY: Committee on Commerce. ficiary protections in the Medicare and Med- H.R. 5291. A bill to amend titles XVIII, XIX, icaid Programs and the State child health ADDITIONAL SPONSORS and XXI of the Social Security Act to make insurance program (SCHIP), as revised by Under clause 7 of rule XII, sponsors the Balanced Budget Act of 1997 and the additional corrections and refinements in were added to public bills and resolu- the Medicare, Medicaid, and State children’s Medicare, Medicaid, and SCHIP Balanced health insurance programs, as revised by the Budget Refinement Act of 1999, and for other tions as follows: Balanced Budget Act of 1997; with an amend- purposes; to the Committee on Ways and H.R. 914: Mr. MEEHAN. ment (Rept. 106–1019 Pt. 1). Ordered to be Means, and in addition to the Committee on H.R. 1046: Mr. BOSWELL. printed. Commerce, for a period to be subsequently H.R. 1053: Mr. MCGOVERN. H.R. 1657: Mrs. JONES of Ohio. f determined by the Speaker, in each case for consideration of such provisions as fall with- H.R. 2344: Ms. KILPATRICK. TIME LIMITATION OF REFERRED in the jurisdiction of the committee con- H.R. 3195: Mr. CONYERS. BILL cerned. H.R. 3872: Mr. TOOMEY. By Ms. DELAURO (for herself and Mr. H.R. 4215: Mr. BERRY. Pursuant to clause 5 of rule X the fol- MALONEY of Connecticut): H.R. 4219: Ms. EDDIE BERNICE JOHNSON of lowing action was taken by the Speak- H.R. 5602. A bill to amend the Internal Rev- Texas. er: enue Code of 1986 to allow a refundable credit H.R. 4481: Mr. BOEHLERT. H.R. 1689. Referral to the Committee on to grandparents who provide primary child H.R. 4495: Mr. JENKINS. Transportation and Infrastructure extended care services without compensation for their H.R. 4921: Mr. UNDERWOOD. for a period ending not later than October 31, grandchildren who are not their dependents; H.R. 5261: Mrs. MEEK of Florida. 2000. to the Committee on Ways and Means. H.R. 5397: Mr. COSTELLO, Mr. HALL of Ohio, H.R. 1882. Referral to the Committee on By Mr. LANTOS (for himself, Mr. POR- Ms. JACKSON-LEE of Texas, and Mr. CLAY. Ways and Means extended for a period ending TER, Mr. SMITH of New Jersey, Mr. H. Con. Res. 306: Mr. CARDIN, Mr. not later than October 31, 2000. ROHRABACHER, and Mr. KUCINICH): WHITFIELD, Mr. THOMPSON of California, and H.R. 2580. Referral to the Committee on H.R. 5603. A bill to prohibit the importa- Mr. GOODLATTE. Transportation and Infrastructure extended tion of any textile or apparel article that is H. Con. Res. 337: Mr. HILLEARY. for a period ending not later than October 31, produced, manufactured, or grown in Burma; H. Con. Res. 373: Mr. UDALL of Colorado 2000. to the Committee on Ways and Means. and Ms. LEE.

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RECOGNITION OF THOMAS L. dedication of this brave man helped shape our special way for his War efforts (so many sac- GROOMS, JR. AS A WORLD WAR history. Our society today needs more people rifices) in behalf of our country—before it is II VETERAN like him who unselfishly dedicate to their lives too late? You obviously are aware that our country, to date, has not ever properly rec- and fight for the freedom of our country. This ognized our World War II Veterans—I am HON. JACK KINGSTON man is a very brave person and deserves to aware of the planned Washington Monument/ OF GEORGIA be recognized as an American hero. I am Memorial—but, it may be too late for my IN THE HOUSE OF REPRESENTATIVES pleased to submit this acknowledgment of his Dad, Jack. . . . Please do something if you continuing life in the CONGRESSIONAL RECORD. can. . . . You don’t know how much I would Monday, October 30, 2000 My name is (Tommy) Thomas L. Grooms, appreciate this . . . Mr. KINGSTON. Mr. Speaker, today I recog- III. I have met you before and I have been in (2) Congrats ltr? you could have both of my nize a great American hero from my district your office here in Savannah (on Abercorn). parents recognized for their 50th Wedding Anniversary (NOV 5)—should my Dad live Savannah, Ga., Thomas L. Grooms, Jr. as a I am a staunch Republican Christian Married Male who is retired from the U.S. Air Force long enough to be here for it??? . . . Their World War II Veteran. We should all stand up (having served over half of my career as- Names, Again: Mr. & Mrs. Thomas L. and applaud Mr. Grooms for his service in the signed to an active-duty slot with the 165th Grooms, Jr. (Tom & Bette)—My Mother’s Battle of the Bulge. He used his talent as a Airlift Wing, Georgia Air National Guard in Maiden Name is: Barbaree. Both of my par- Medic to treat those injured and hurt in the Savannah). I was a single parent of two pre- ents are native Georgians—with their family line of duty. Without his dedication to helping cious daughters for over ten years and strug- having migrated here from England and Ire- others many lives would have been lost. gling in service to our country as an enlisted land in the 1700’s. They are both dear Chris- The Battle of the Bulge took place in Ger- member on a ‘‘fixed’’ income in a slot with tian people who have been so involved in their church all of their lives and have many in 1944. While Mr. Grooms was there no upward mobility. I was forced to retire three years ago when my slot was abolished reared four children in a Godly, Christian he sent all of his pay home to provide for his and I was devastated to say the least. I am home. They are well-respected in the com- mother and sister. When the war ended he did now employed with the Coastal Heritage So- munity by their peers and family alike. They not get to go home, instead he stayed in Ger- ciety, here in Savannah, in an administra- truly deserve to be recognized. As an added many to manage multiple hospitals. Several tive position as Assistant to the Executive note, my Mother, Bette Grooms, retired from months later he returned to the United States Director. This is more of a title than any- the U.S. Army Corps of Engineers with over 1 with no great fan fare. All of the jobs were al- thing, as my income is very low—due to this 25 ⁄2 years service, including employment at Historic Fort Pulaski under Mr. Ralston B. ready taken by the soldiers that had returned being a non-profit organization, as you well know. I was blessed with a new wife a little Lattimore, the original Superintendent who earlier. over a year ago. My father has cancer (in the was responsible for the original restoration Mr. Grooms decided to go back to school final stages—he is currently in ICU at Can- efforts there. She, too, was a hard worker since he was struggling to make ends meet. dler Hospital, here in Savannah). My wife who contributed much to this community for He became a Chemist and stayed with Amer- was one of his medical care-providers when many years. . . . So, if you can have them ican Cyanamid/Kemira Pigments for 33 years. he was initially diagnosed with cancer. recognized for all of this on this very special He has since retired and is desperately trying The reason that I am writing to you with occasion, it would mean the world to them, to battle colon cancer. this long message is two-fold: me and the rest of our family and 1.) My Father, Thomas L. Grooms, Jr., is a friends... Mr. Grooms and his wife Bette will celebrate World-War II Veteran—he served as a ‘‘Hero’’ 2.) The second issue deals with me and my their 50th Wedding Anniversary on November in The Battle of the Buldge—as a matter of fellow Veterans who have served our country 5th. In today’s society marriages like theirs fact, Time-Life has a series of books out on as a career in the U.S. Air Force. I retired represent a shining example of family devo- World War II, with one book dedicated solely after having served over 25 years. I am, once tion. Both are native Georgians—with their to The Battle of the Bulge—and in this book again, a conservative Christian Family Man families having migrated from England and is a full-one-page picture of my Father on Who is a Card-Carrying Republican. I am ap- Ireland in the 1700’s. He and his wife raised the Battle-Field. He served as a Medic and, palled at what our country has done to its when the War ended, he did not get to come Veterans. We were promised free medical, four children with strong Christian ethics and home, but was left to manage multiple hos- dental, insurance, etc. for the rest of our family values. pitals in Germany for a number of months. lives—in return for 20 or more years of serv- Mr. Grooms wife, Bette, is retired from the When he arrived back in the states, there ice. We however, have to pay for ‘‘Tri-Care’’ U.S. Army Corps of Engineers with over 25 was no ticker-tape parade for him and all of and have no Dental Insurance, Eye Care, or and 1⁄2 years service. The citizens of my dis- the jobs were taken. While he was away at Life Insurance . . . I, also, happen to have trict have been the true beneficiaries for the War, he sent all of his pay home to provide qualified for V.A. benefits due to disability many personal sacrifices this family has done for his Mother, who was dying of colon can- suffered from a broken back, etc. while in service (I am a Viet Nam Era Veteran, as in order to serve their community, church, and cer (the same that he now has) and for his sister (his Father, who was a Medical Doctor, well). However, every dollar that I receive in country. had passed away when my Father was an in- V.A. is taken out of my retirement pay. Why Mr. Grooms’ presence and dedication to our fant) . . . My Father struggled and to make is it that a young person can serve 6 months country helped insure the freedom we enjoy ends meet, went back to school, married my of service and be placed on V.A. due to an in- today. His unselfish acts made a difference to Mother at Calvary Baptist Temple—here in jury/disability and receive the same pay that the families of each person he helped. Amer- Savannah (with the ceremony being per- I receive after having had served for over 25 ica’s all volunteer military has always served formed by Dr. John Wilder), and I was born years. (a) If there is any way you could help ini- with pride meeting the challenges necessary a year later in 1951. He retired from Amer- ican Cyanarmid/Kemira Pigments—with over tiate a bill and push it through Congress to to maintain our national security, to protect 33 years employment—here in Savannah over eliminate this unfair practice/discrepancy— American interests at home and abroad, and 10 years ago, as a Chemist, where he was ex- and allocate payment of retirement pay to to guarantee our freedoms and way of life. posed to many chemicals for many years those who have earned it, as well as V.A.— Our Veterans made many sacrifices to protect (contributing, I believe to his cancer condi- and another bill to return the proper medical our freedoms and way of life, and Americans tion today). My Father just had his 77th care to all Veteran Retirees for Life, as owe them a great deal. Birthday on October 5, 2000. On November 5, originally promised by our U.S. Government Please join me again in applauding Mr. 2000—my parents—Tom & Bette Grooms— Representatives/Recruiters/Retention Offi- cers—this would be so very much appre- Grooms. His warmth, generosity, and friend- will celebrate their 50th Wedding Anniver- sary. ciated, along with a reasonable increase in ship has touched thousands of people in his a. What I am getting to is this: Retirement Pay for Military Retirees, so we community, church, and family. Without him (1) Is there any way that you could pos- won’t have to struggle so much on the out- our country’s history would be different. The sibly have my Father recognized in some side . . . If I was making more in retirement

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

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR00\E30OC0.000 E30OC0 25604 EXTENSIONS OF REMARKS October 30, 2000 at this very moment, I would not have to be would live to see the next day, but that the Haworth began lifting only three and a half working to make ends meet and would be at boys would have a future themselves. Real- years ago. She is the exception to the rule of the hospital, helping to morally support my izing the potential danger if he struggled for training for many years equals success. She parents during this very trying time. . . . In closing, thank-you, Jack, for all that control of the gun, he simply talked to the walked in the gym some three years ago in you have done for our community, our state young boys, saying ‘‘Please don’t shoot me. order to increase her strength for playing soft- and our nation—and for how you present Don’t do this. This is not the right thing to do.’’ ball. As soon as she walked into the Paul An- yourself—as an Honest, God-fearing, Chris- Even when someone was attempting to bru- derson/Howard Cohen Weightlifting Center the tian, Family, Moral Man with Values. If tally end his life, Peter Akinyele remained coaches at the gym immediately realized her there is ever anything that I can do to help strong-willed, and yet empathetic. He would amazing natural talent and began her training. support your mission, your campaign, your not give up this own life, but he would not Haworth is a three time national champion office, please do not hesitate to call upon even attempt to harm theirs for the sake of his and holds every American record in her weight me, sir! own survival. Certainly, this is a man who class. Haworth won America’s only medal at Anything that you can do positively rel- does not believe in fighting violence with more the 1900 Worlds, a bronze in the snatch. ative to the above shared situations would be Cara Heads-Lane moved to Savannah, greatly appreciated and would not go unno- violence. ticed. Thank-You, again, Jack, and May God My fellow colleagues, Peter Akinyele is a Georgia four years ago from Costa Mesa, Continue To Richly Bless You In All That man who deserves the highest respects for his California in order to train. She has been train- You Undertake For His Glory and For The noble suffering. Many people can look to him ing since the age of 8 and has worked a long Betterment of Mankind, Our Country, Our as an example of the peaceful nature and time in order to make it to the Olympics. Cara Community, and Your Family!!! genuinely loving heart that all should aim to placed 7th in the Women’s Heavyweight in the Looking forward to hearing from you in cultivate in their lives. I commend him for his 2000 Olympic Games. the near future in a most positive manner courage, bravery, and loving heart. Oscar Chaplin III was the first American in concerning these matters, I am most humbly f history to win Junior World Championship. and sincerely, Chaplin finished 12th in the men’s Middle f RECOGNITION OF U.S. Weight in the 2000 Olympic Games. Chaplin WEIGHTLIFTING TEAM—MICHAEL has been lifting weights since the age of 9 and PERSONAL EXPLANATION COHEN, HEAD COACH; CHERYL is ranked in the top 15. He holds the National HAWORTH; CARA HEADS-LANE; Junior and Senior records for the last three HON. LORETTA SANCHEZ SUZANNE LEATHERS; MICHAEL years. OF CALIFORNIA MARTIN; AND OSCAR CHAPLIN Suzanne Leathers was an alternate for the IN THE HOUSE OF REPRESENTATIVES III 2000 Olympic Weightlifting Team. She moved Monday, October 30, 2000 to Savannah, GA. with her coach Donald HON. JACK KINGSTON McCauley to be in the weightlifting capitol. Ms. SANCHEZ. Mr. Speaker, during rollcall OF GEORGIA She and Donald decided that they would get vote number 575 on October 29, 2000 I was IN THE HOUSE OF REPRESENTATIVES married if she made the Olympic Team. So, unavoidably detained. Had I been present, I Monday, October 30, 2000 on September 14, 2000 they tied the knot in would have voted yea. Australia. I wish them a happy and joyful life f Mr. KINGSTON. Mr. Speaker, today I recog- together. nize Michael Cohen, head coach; Cheryl IN HONOR OF PETER AKINYELE Michael Martin was the youngest person to Haworth; Cara Heads-Lane; Suzanne Leath- ever make it on to an Olympic weightlifting ers; Michael Martin; and Oscar Chaplin III as team. He was picked as an alternate for the HON. DENNIS J. KUCINICH members of the United States 2000 Summer 2000 Olympic Team. His sights are set for the OF OHIO Olympic Weightlifting Team. All of these 2004 Olympics. IN THE HOUSE OF REPRESENTATIVES amazing individuals live in my Savannah, GA., Please join me in applauding all of these Monday, October 30, 2000 part of my congressional district. They have fine young men and women. They have worked hard and represented our country well. worked extremely hard to reach this momen- Mr. KUCINICH. Mr. Speaker, I rise today to We should be proud of the way they rep- tous goal. Let us all look up to them and strive recognize a truly remarkable man, one who resented our country. to work as hard as they have to reach a goal. genuinely exemplifies what it means to be a Michael Cohen the head coach of the U.S. Our society needs more people like them that loving, peaceful person, even under the most Women’s Olympic Team was an alternate for work extremely hard to represent our country. adverse circumstances. the 1980 U.S. Olympic Team that was boy- These young people proved that our American On Thursday, September 14, around 11:00 cotted so he did not get to participate. In 1984 youth are indeed the best. pm, Peter Akinyele’s 16-year-old neighbor Cohen did not get the chance to compete f asked to use his phone. He did, only to return again because he was an alternate. In 1988, with a friend—and a gun. The young boys de- he injured his back and was unable to com- PERSONAL EXPLANATION manded money while holding the weapon to pete. It was then that he realized that the only Peter’s head, and yet the 67-year-old main- way he would make it into the Olympics was HON. LORETTA SANCHEZ tained a calm, collected composure, asking to be a coach and it was then he founded the OF CALIFORNIA them simply to ‘‘put the gun down.’’ Paul Anderson/Howard Cohen Weightlifting IN THE HOUSE OF REPRESENTATIVES Peter Akinyele also maintained his Center. He is a great coach and an inspiration Monday, October 30, 2000 composure as the boys proceeded to slash his to all of the people that come into his gym. throat open, beat him and bound his hands Cohen had to wait some 20 years to experi- Ms. SANCHEZ. Mr. Speaker, during rollcall and feet with an electrical cord. Near uncon- ence his dream of participating in the Olympic vote number 574 on October 29, 2000, I was scious, the boys threw him in the basement, Games. He was allowed to walk in the open unavoidably detained. Had I been present, I ignoring his last request: ‘‘Please don’t set the ceremonies with all of the athletes. This was would have voted yea. house on fire,’’ as he collapsed from pain and a treat because some countries do not allow f fatigue. Peter awoke to the smell of gasoline the coaches to walk in the open ceremonies. IN HONOR OF OHIO PTA’S 100TH and smoke, and the sound of firefighters extin- Cohen’s father started him lifting weights at ANNIVERSARY guishing the blaze. Peter broke through a the age of 5. basement window with his bare hand, and, Cheryl Haworth of Savannah, Georgia be- HON. DENNIS J. KUCINICH shouting for help, was eventually heard amidst came the youngest U.S. athlete ever to win an OF OHIO the chaos. Finally, his ordeal was over and he Olympic medal in weightlifting when she IN THE HOUSE OF REPRESENTATIVES was brought to safety. earned a bronze medal in the women’s plus To this day, Peter Akinyele has no trace of 75kg with a total of 270.0kg. On her way to Monday, October 30, 2000 anger toward his young and ruthless winning the bronze medal, Haworth set four Mr. KUCINICH. Mr. Speaker, I rise today to attackers. Throughout the entire fiasco, he American records—two in the snatch and two honor the Ohio PTA on its 100th Anniversary, says, his main concern was not only that he in the total. on May 21, 2001.

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 October 30, 2000 EXTENSIONS OF REMARKS 25605 For the past century, the Ohio PTA has after the war and put them on record for future Israel has no interest in the continuation been actively fighting for our children. When generations. of violence, and our tactical response has the Ohio PTA first convened on May 21, 1901, Our community is grateful to Ms. Novak for been to avoid actions that could lead to esca- her devoted service. I extend her my best lation. Every Israeli soldier on the ground during the National Congress of Mothers, it receives strict orders as to the rules of en- recognized the importance of our children, and wishes for the future. gagement, which state clearly when it is per- their need to be educated and raised in a f missible to use live fire. An Israeli soldier healthy manner. The PTA made it their mis- AMBASSADOR DAVID IVRY DIS- may respond only when shot at first or in a sion to act and speak on behalf of our young life-threatening situation. In either case his CUSSES ISRAEL’S RESTRAINT IN people throughout the community as well as response must be directed at the source of DEALING WITH THE CURRENT before government agencies. the fire. MIDDLE EAST VIOLENCE In the 1920’s, the PTA worked to ratify the On Oct. 12, the day the two Israeli soldiers National Child Labor Amendment as well as were brutally lynched in Ramallah, Israel re- sponded by sending helicopters into action in advocated the need of special classes for de- HON. TOM LANTOS OF CALIFORNIA Ramallah and Gaza. Not only were our pilots velopmentally handicapped children. During under strict instructions to surgically strike IN THE HOUSE OF REPRESENTATIVES the 1940’s, the PTA assisted the war effort by designated points but Israel also warned the working with the Red Cross and other agen- Monday, October 30, 2000 Palestinians to evacuate the specified tar- cies to help abroad. Meanwhile, the PTA also Mr. LANTOS. Mr. Speaker, last Friday, the gets. It was no accident that there were no established the Memorial Scholarship Program Washington Post published an excellent article Palestinian fatalities in the Israeli counterstrike. to train teachers to better educate our children by His Excellency David Ivry, ambassador of at home. During the 1980’s, the PTA launched Israel’s operational procedures for dealing Israel to the United States. Ambassador Ivry with violent crowds involve the use of tear- its ‘‘Come Back to School’’ project to improve has served as commander of the Israeli Air gas and rubber bullets. Palestinians are parent involvement as well as increase partici- Force and Deputy Chief of the General Staff. propagating the fallacy that Israeli troops pation in the larger cities. Most recently, the For the past year he has represented Israel in meet street demonstrators with live fire. Un- PTA has been instrumental in increasing par- the United States. I want to commend Ambas- fortunately, we have witnessed many inci- ent involvement, advocating legislation on be- sador Ivry’s article to my colleagues in the dents in which armed Palestinians have half of the youth, as well as leading the Citi- Congress. opened fire on Israelis from street dem- zens Against Vouchers coalition. Mr. Speaker, all of us regret the tragic onstrations—using their fellow Palestinians The Ohio PTA recognizes the role of par- as human shields. The Palestinian leadership deaths which have resulted from the violence has gone as far as closing the schools and ents as primary educators in partnership with in the Middle East. It is a great tragedy that busing children to points of friction, know- the schools with whom we entrust our chil- this turmoil has turned the focus from efforts ingly putting youngsters in harm’s way. dren. The Ohio PTA acknowledges that we to resolve the conflict peacefully to dealing International treaties clearly condemn the are all parents as long as we carry significant with a new wave of disorder that undermines enlisting of children to participate in hos- responsibilities for a child’s development. the basis for peace between Israelis and Pal- tilities. The international community should Presently, there are 150,000 PTA members in estinians. The violence is unacceptable, and it speak out against this reprehensible exploi- 800 local units throughout the state. is undermining the very basis for peace—the tation of children for political purposes. The Ohio PTA plays an important role in Today’s violence is quite different from notion that Palestinians and Israelis can live that of the intifada in the 1980s. Israel then striving to maintain the safety, welfare, and together. controlled the entire West Bank and Gaza education of all of our children in the state of Unfortunately, Mr. Speaker, the evening Strip, and Israeli soldiers were stationed in- Ohio. Please join me in honoring the Ohio newscasts are giving a false image of the true side Palestinian cities. PTA on the occasion of its 100th Anniversary. dimensions and nature of this violence. The Today, as a result of the Oslo accords, 40 f carefully orchestrated turmoil and the cynical percent of the territories, including all the and tragic use of little children should stand population centers, are under Palestinian MARGARET MARKETA NOVAK condemned by all of us. It is important that we control with more than 95 percent of Pal- understand the full significance of what is hap- estinians living directly under the rule of the Palestinian Authority. Our forces sit outside HON. HENRY A. WAXMAN pening as this disorder continues to threaten the population centers at points agreed to in OF CALIFORNIA stability and the progress that has already the Israeli-Palestinian interim agreements. IN THE HOUSE OF REPRESENTATIVES been achieved. For violent incidents to erupt, Palestinians Monday, October 30, 2000 Ambassador Ivry has laid out in particularly must seek out those forces or Israeli civilian clear and incisive terms the Israeli interest in targets. Mr. WAXMAN. Mr. Speaker. I am pleased to achieving a peaceful reconciliation with the During the intifada, our forces had to deal commend my constituent Margaret Marketa Palestinians. He also explains the position and primarily with violent demonstrations. Cur- Novak for her dedicated contributions to Holo- policy of the Israeli government in its effort to rently, Israeli soldiers face armed Pales- tinian forces, either the official Palestinian caust education and remembrance, and ac- deal with the unacceptable levels of Pales- knowledge the recent completion of her auto- security or the Tanzim militia (which, ac- tinian-orchestrated violence that now threatens cording to the interim agreements, should biography One Left, Just One. to undermine the progress that has been not have weapons at all). Palestinian gun- For over 30 years, Ms. Novak has been ac- achieved over the past seven years. men have opened fire on Israelis in hundreds tive in Holocaust issues, as a speaker, an au- Mr. Speaker, I ask that Ambassador Ivry’s of incidents. Pictures of Palestinian boys thor, and a member of Holocaust survivor sup- article be placed in the RECORD, and I urge with slingshots do not accurately reflect this port organizations. Her volunteerism and com- my colleagues to give it the careful and new reality on the ground. mitment exemplify the belief she notes in her thoughtful attention that it deserves. The ultimate irony of the current situa- tion is that Prime Minister Ehud Barak has book that ‘‘Surviving is not enough, it’s what ISRAEL’S RESTRAINT we do with our lives that counts.’’ shown unprecedented flexibility in the peace By David Ivry The Washington Post, Oct. 27, process. The Palestinians, rather than opting As the only survivor in a family of nine that 2000 to negotiate, chose to revert to violence. It perished in the Holocaust, Ms. Novak has The current wave of violence in the Middle was the Palestinian side that reneged on the lived a challenging life, as so many others East has left more than 100 Palestinians cease-fire brokered by Secretary of State who, like Ms. Novak, relied upon faith, fear dead, while the number of Israeli fatalities Madeleine Albright in Paris, and it was the and courage to survive the ghetto, Auschwitz, has been relatively small. This uneven cas- Palestinian side that failed to implement the the DP camps, and the uncertain trip to settle ualty ratio has raised questions by some as deal brokered by President Clinton at Sharm in the United States. to whether the Israeli forces are too eager to el-Sheikh. Israel did not want, seek or en- Although nothing can vindicate the murders pull their triggers in response to Palestinian courage this round of fighting. The questions violence. The answer to such concerns is must be asked: Which side has acted to con- of the innocent six million who perished, or re- clear: Israel has shown the greatest restraint tain and to end the violence, and which side claim the lost childhood she documents in her possible in the face of continued violent has not? book, Ms. Novak’s resolve to share this history provocations, and Israel’s forces have made a The truth about the ratio of Palestinian to is a testament to the determination of all of the maximum effort to avoid Palestinian fatali- Israeli deaths is that Israelis have been ac- survivors who struggled to reclaim their lives ties. tively seeking to limit fatal casualties in

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR00\E30OC0.000 E30OC0 25606 EXTENSIONS OF REMARKS October 30, 2000 this conflict while, unfortunately, the same TRANSPORTATION RECALL EN- Rollcall No. Bill No. I would have cannot be said for the Palestinian side. As HANCEMENT, ACCOUNTABILITY voted— retired Gen. Wesley K. Clark wrote recently: AND DOCUMENTATION ACT 563 ...... H.J.Res. 117: Passage of Continuing Appro- AYE ‘‘for the Palestinians, every casualty, even priation for FY2000. their own, can be a strategic gain.’’ As long 564 ...... S. 2943: Passage of International Malaria AYE as the Palestinian leadership acts on the as- Control Act. HON. GARY A. CONDIT 565 ...... H.R. 2498: Passage of Cardiac Arrest Survival AYE sumption that there is a net political advan- OF CALIFORNIA Act. tage in bloodshed, surely they, and those in IN THE HOUSE OF REPRESENTATIVES 566 ...... H.Res. 655: Passage of consideration and AYE the Arab world who encourage this violent Senate amendment to H.R. 1550 (author- ization appropriations for the United States strategy, should be held accountable for the Monday, October 30, 2000 Fire Administration). appalling and unnecessary loss of life over Mr. CONDIT. Mr. Speaker, on October 10, 567 ...... S. 2712: Passage of Reports Consolidation AYE the past four weeks. Act. the House of Representatives passed by voice 568 ...... H.R. 5309: Passage of Ronald W. Reagan AYE Post Office Bldg. vote the Transportation Recall Enhancement, 569 ...... S. 3194: Passage of Robert Walker Post Of- AYE f Accountability and Documentation Act. fice Bldg. The quick passage of this bill was a direct 571 ...... H.J.Res. 118: Passage of Continuing Appro- AYE PERSONAL EXPLANATION priation for FY2000. result of the public’s concern over the safety 572 ...... H.R. 4577: Passage of Motion to Instruct AYE Conferees regarding LIHEAP funding on of automobile tires. This was a good and prop- Labor/HHS/Education Appropriations, HON. NEIL ABERCROMBIE er beginning. However, I am hopeful that next FY2001. 573 ...... H.R. 4577: Passage of Motion to Instruct NO OF HAWAII year, in the new session of Congress, we can Conferees regarding disagreeing to Senate take a more comprehensive look at all auto- Amendment that deny President’s request IN THE HOUSE OF REPRESENTATIVES for dedicated resources to reduce class mobile safety issues. In particular, Congress sizes on Labor/HHS/Education Appropria- Monday, October 30, 2000 should closely examine the availability of infor- tions, FY2001. 575 ...... H.J.Res. 119: Passage of Continuing Appro- AYE Mr. ABERCROMBIE. Mr. Speaker, on Sun- mation necessary to repair vehicles. priations for FY2000. Oftentimes, consumers and repair shops do 576 ...... H.R. 4577: Passage of Mr. Pallone’s Motion to NO day, October 29, 2000 I was unavoidably de- Instruct Conferees on Labor/HHS/Education tained from presence in the House. Had I not have access to adequate information on Appropriations, FY2001. been present, I would have voted as follows: how to properly repair and maintain vehicles. 578 ...... H.J.Res. 120: Passage of Continuing Appro- AYE When information concerning the proper re- priation for FY2000. Rollcall 574, Approval of the Journal—Yes. 579 ...... Mr. Linder’s motion regarding House Meeting AYE pairs and appropriate replacement parts for Hour for Tuesday, October 31, 2000. Rollcall 575, One Day Continuing Resolu- automobiles is withheld or tightly controlled, tion—Yes. motorists are put in jeopardy. This situation f Rollcall 576, Pallone Motion to Instruct can lead to unsafe vehicles on the road and Labor-HHS Appropriations Conferees—Yes. COMMERCE, JUSTICE, STATE must be addressed. APPROPRIATIONS In the 1990 Clean Air Act Amendments, f Congress required new vehicles include an On-Board Diagnostic System to monitor vehi- HON. ANNA G. ESHOO HONORING THE INLAND EMPIRE OF CALIFORNIA UTILITIES AGENCY OF CALI- cle emissions. At that time, Congress also IN THE HOUSE OF REPRESENTATIVES FORNIA mandated that the information necessary to make emission repairs be made available to Monday, October 30, 2000 all those who repair the vehicles, including the HON. GARY G. MILLER after market. Ms. ESHOO. Mr. Speaker, when we passed Since this time, diagnostics have evolved to the H–1B legislation recently, it was my deep OF CALIFORNIA regret that Congress missed an opportunity to IN THE HOUSE OF REPRESENTATIVES monitor most car systems such as brakes and air bags. Yet the information required to make grant long-awaited parity to certain groups of Monday, October 30, 2000 repairs on these systems is not made avail- immigrants in our country. Today I rise to able to the car owner or the local repair shop. speak against the measure currently before us Mr. GARY MILLER of California. Mr. Speak- because we’re heading for another missed op- er, I commend the Inland Empire Utilities It is time for Congress to carefully consider the benefits of extending the information sharing portunity. Agency of California, as they celebrate 50 Significant portions of our Nation’s popu- years of excellence in water resources and requirements to cover all the systems in an automobile. lation have been living, working, and raising quality management. families in the United States for many years. The Inland Empire Utilities Agency plays an f But they’ve been living in legal limbo, fearing integral part in distributing water, providing PERSONAL EXPLANATION deportation, because they were wrongly de- wastewater collection, and other utility serv- nied legal status to which they were entitled ices for nearly 700,000 people that reside HON. LORETTA SANCHEZ and which they qualified for in the 1980’s within a 242-square-mile area of Western San Another group of immigrants has also been OF CALIFORNIA Bernardino County. They have eight agency treated unfairly. In 1996 and 1997 Congress IN THE HOUSE OF REPRESENTATIVES facilities within their jurisdiction that are de- gave Nicaraguans and Cubans the opportunity signed to meet the specific needs of their re- Monday, October 30, 2000 to become permanent residents, but thou- gional community. Additionally, they have a Ms. SANCHEZ. Mr. Speaker, during rollcall sands of refugees from Guatemala, El Sal- five member Board of Directors that rep- vote No. 576 on October 29, 2000, I was un- vador, Honduras, and Haiti were left with only resents each division. avoidably detained. Had I been present, I temporary residency status. This group de- One of the critical aspects to the success of would have voted ‘‘yea.’’ serves the same opportunity to obtain Amer- the Inland Empire Utilities Agency has been f ican citizenship. their ability to keep the lines of communication The remedy for these problems, the Latino open. They have done an outstanding job PERSONAL EXPLANATION Fairness and Immigration Act, has been kept working closely with local, State, and Federal out of the Commerce, Justice and State ap- legislators to ensure that California’s water HON. J.C. WATTS, JR. propriations bill. The Act is based on our needs are being met. OF OKLAHOMA country’s basic tenet that people in similar sit- Inland Empire Utilities Agency, a quality IN THE HOUSE OF REPRESENTATIVES uations should be treated equitably. It would company that has taken a pro-active role in keep immigrant families united through res- addressing water issues, is poised to meet the Monday, October 30, 2000 toration of Section 245(i) of the INS Code. It demands of the future. I ask that this 106th Mr. WATTS of Oklahoma. Mr. Speaker, I would reward them for their hard work and congress join me in congratulating the Inland missed the following Recorded Votes due to recognize that they’ve paid their taxes and Empire Utilities Agency as they celebrate 50 the death of my father. I wish the RECORD to made other contributions to this country. It years of excellence in water resources and reflect how I would have voted on the fol- would also establish legal parity for all refu- quality management. lowing had I been present: gees who fled political turmoil in the 1990s.

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 October 30, 2000 EXTENSIONS OF REMARKS 25607 It is important to state that because of past FTS 2001 PROGRAM tive member of the Appropriations Committee congressional action and bureaucratic bun- and as Chairman and Ranking Member of its gling, some who were eligible for a legalization HON. THOMAS M. DAVIS Interior Subcommittee, Sidney Yates also program enacted in 1986 are now U.S. citi- OF VIRGINIA championed the cause of America’s outdoors. zens, while others are facing deportation. If we IN THE HOUSE OF REPRESENTATIVES Due in large part to his devoted stewardship, pass the Latino Immigration and Fairness Act, the National Park System grew as visitorship we’d be rewarding people who have played by Monday, October 30, 2000 increased from 29 million in 1948 to almost the rules, telling them that the U.S. Govern- Mr. DAVIS of Virginia. Mr. Speaker, I rise 280 million in 1998. ment is willing to correct its mistakes of the today to address the U.S. Government Fed- This natural leadership should have come past, keep their families united and exercise eral Telecommunications Services contracts, as no surprise. Sidney Yates was clearly an fairness. called FTS 2000/2001. As a member of the exemplary American. He excelled at the Uni- What we’re simply asking for is that a cor- Government Reform Subcommittee on Gov- versity of Chicago. There, he developed both rection be made to an acknowledged wrong. ernment Management, Information and Tech- the keen intellect that served him and his con- Congress has taken this sort of action numer- nology and with my continued interest in infor- stituents so well in Congress and a real devo- ous times in the past when it has acted to le- mation technology issues, I believe it is impor- tion to the outdoors, as a star basketball cen- galize the residency of those who have been tant that we do all we can to ensure that a ter and an exceptional amateur golfer. When in America for many years. customer—as large and important as the U.S. the shadow of the Second World War brought This fair remedy is long overdue. What has Government—is not short-changed in the darkness to our shores, Sidney Yates served been brought to the floor is an incomplete, in- midst of the digital age. in the United States Navy, earning the rank of adequate measure that rewards some and de- Since the passage of the 1996 Tele- Lieutenant. The young veteran again an- nies others. Its inadequacy and unfairness communications Act, telecommunications and swered the call of duty in 1948, winning a seat falls short of what we stand for as a nation high-tech companies have experienced colos- in Congress that he eventually held for almost and what in the name of fairness should be sal incentives to offer more advanced services a half-century. Over the years, his steadfast done. and lower prices for consumers. This industry dedication to the interests of his constituents I ask my colleagues to reject the C–J–S ap- continues to have the opportunity to form stra- won the support of the political machine that propriations bill for these reasons and instead tegic unions with its government customers to dominated Chicago politics during his first few support the Latino Fairness and Immigration place a new emphasis on the latest techno- terms, as well as the backing of Chicago’s re- Act. logical innovations and showcase offerings of form advocates. Sidney Yates retired last year voice, data and video services throughout the as the longest-serving member in the history f United States and the world. of the United States Congress. Even though we are making progress since Mr. Speaker, I will recall Sidney Yates with A STATEMENT ON BEHALF OF MY passage of the 1966 Act, I remain concerned fondness. In honoring his memory, I honor the COLLEAGUE, SIDNEY RICHARD about the recent articles I’ve read stating that example of a life given in selfless service to YATES winning FTS vendors and the Federal govern- our nation, and I can say with confidence that ment have run behind schedule in conversion America will miss Congressman Sidney Yates. HON. THOMAS W. EWING of the contracts from FTS 2000 to 2001. This f has impacted the competition built into the OF ILLINOIS FTS 2001 contract. I find it troublesome to HONORING MARILYN CULPEPPER IN THE HOUSE OF REPRESENTATIVES learn that this has resulted in a limited com- Monday, October 30, 2000 petitive opportunity for young, cutting-edge HON. SONNY CALLAHAN companies. As a result, this marketplace has OF ALABAMA Mr. EWING. Mr. Speaker, when I was first experienced little in the way of introduction of IN THE HOUSE OF REPRESENTATIVES elected to Congress in 1991, I became ac- new products and services to the government quainted with my colleague, Sid Yates, who Monday, October 30, 2000 market. represented the 9th Congressional District of I believe that it is important that we exercise Mr. CALLAHAN. Mr. Speaker, I would like to Illinois. Mr. Yates had first been elected to our Congressional oversight authority and we recognize Marilyn Culpepper for her dedication Congress in 1949 and was passed the four quickly review the fair process that was initially to the health and well being of Monroe Coun- decade mark in service to the U.S. Congress established for federal agencies under the ty, Alabama, citizens. when I met him. FTS 2000/2001 programs in order to restore Marilyn Culpepper was appointed to the While Congressman Yates and I served in competition within the government sector. Monroe County Hospital Board in July 1996 different parties, we all served the state of Illi- f and elected its chairman by unanimous vote of nois and worked together on projects of mu- the board a few months later. She served as tual interest to our state and our nation. Con- AMERICA WILL MISS chairman from 1997 to 2000. Mrs. Culpepper gressman Yates had one of the most distin- CONGRESSMAN SIDNEY YATES has since moved to Mobile, and I wish her guished careers of any member ever to serve well as she takes on new challenges. in the House of Representatives. He was a HON. THOMAS M. BARRETT A native of Grove Hill, Alabama, Mrs. Cul- man whose reputation for honesty and integ- OF WISCONSIN pepper is a 1980 graduate of the University of rity was untarnished after years of public serv- IN THE HOUSE OF REPRESENTATIVES West Alabama (formerly Livingston University) ice. He was a man who understood and loved and was the recipient of that school’s Alumni the system that is the U.S. House of Rep- Monday, October 30, 2000 of the Year Award in 1996. resentatives. Mr. BARRETT of Wisconsin. Mr. Speaker, I Over the years, she has had several suc- After Sidney Yates retired in 1999, I had the was saddened to learn of the passing of Illi- cessful careers and civic achievements. In opportunity to visit with him about how he nois Congressman Sidney Yates. I appreciate 1986, at age 27, she was elected to the Sum- liked his new status. While I know that he en- this opportunity to join his colleagues in hon- ter County Board of Education. She was elect- joyed his retirement he missed very greatly oring his memory and his legacy of service. ed a second time in 1988 and served with dis- the institution in which he had spent so many Congressman Sidney Yates served the peo- tinction until moving to Monroe County in years of his productive life. ple of Illinois and the American people with 1991. It is with regret that I acknowledge the pass- distinction. He actively and assertively cham- In Monroe County, Marilyn Culpepper ing of Sidney Yates so soon after his retire- pioned the cause of cultural development, as served first as associate editor, then managing ment. Yet, he was a man whose life was very one of the Congress’ leading advocates of the editor of the Award-winning weekly news- full, who had so many good and productive National Endowment for the Arts. He reminded paper, The Monroe Journal. She also distin- years in which he dedicated himself to his us that continued public sponsorship of artistic guished herself through community service in state and nation. For his service, for his life, expression is essential to nourish America’s several capacities. To name a few, she was for the standards he set, he will long be re- creative spirit, and the Chicago Tribune called president and/or board member of the Mon- membered and always admired. him the ‘‘greatest friend’’ of the arts. As an ac- roeville Area Chamber of Commerce, the

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 25608 EXTENSIONS OF REMARKS October 30, 2000 Monroe County Public Education Foundation, ment from Easter Seals. It is an honor to rec- an education, and he and his sister enrolled at the Monroeville Kiwanis Club (where she was ognize Mr. Heiden and the outstanding service Arkansas Tech University in Russellville in the first woman elected as ‘‘Kiwanian of the he has given to the entire community of Mont- 1930, but he was able to remain only for one Year’’). She also served as a volunteer for the gomery County, Pennsylvania. year because of financial difficulties. Elmer Monroe County Heritage Museums, and for Mr. Heiden has served Easter Seals for 26 never forgot his hardship, and he would later the Alabama Writers Symposium during their years and is currently Executive Director of do everything he could to make sure that de- inaugural year. In addition, she served in the local affiliate. Over the past 20 years as serving students could go to college. Israel as the representative of the Monroe director of the local Easter Seals, he has Of course, Elmer made the most of his op- County Commission and the Monroeville Area worked tirelessly to implement new programs portunities, despite his initial challenges. After Chamber of Commerce during performances for this community and to expand Easter returning from Russellville, he worked his way of ‘‘To Kill a Mockingbird.’’ Manifesting her tal- Seals services to thousands of families. from a $15 a week job at a DeWitt grocery ent, Mrs. Culpepper is a two-time recipient of Under the direction of Mr. Heiden, the local store to being the manager there. Eventually the Alabama Medical Association’s Douglas L. affiliate serving Montgomery, Philadelphia, he became a successful grocery store owner, Cannon Recognition for Excellence in Medical Bucks and Chester Counties has become a an accomplished farmer, and the well-re- Journalism. national leader in early intervention services spected board chairman of the DeWitt Bank As editor of The Monroe Journal and, later, for children up to five years of age and their and Trust Co., a position he held until he died economic developer for Monroe County from families. The Easter Seals affiliate has also last week. 1997–2000 and as chairman of the Monroe been successful in expanding home- and com- Elmer would probably count his family as County Hospital Board, Mrs. Culpepper was munity-based services. They have imple- his greatest success, however. After marrying an advocate for accessible health care for all mented many cutting-edge programs including Gladys Guthrie in 1934, he was blessed with citizens regardless of age, social or economic specialized assistive technology services for three daughters, seven grandchildren, and 13 status. She was a driving force behind expan- children and adults with disabilities, programs great-grandchildren. sion of hospital services and creation of a for siblings and families of children with dis- As mentioned earlier, Elmer always remem- rural health clinic in Monroe County. abilities, and a variety of adaptive recreation bered his humble beginnings, and used his Under Mrs. Culpepper’s leadership, the hos- programs. success to help others have the opportunities pital in Monroeville embarked on a major ex- Easter Seals has received accreditation he missed. In 1987, he established the Elmer pansion and construction project, the creation from the National Association for the Edu- Ferguson and Gladys Ferguson Charitable of a cancer-treatment center and the develop- cation of Young Children. This is a prestigious Trust, which funded four-year college scholar- ment of a diabetes support program. She also recognition that has been achieved by only ships for DeWitt students. Elmer also donated oversaw the creation of the Monroe Health seven percent of early childhood programs na- a scholarship to the University of Mississippi. Foundation and has been a contributor to the tionwide. Elmer’s generosity and empathy had no foundation. It is a privilege to honor the contributions of limit. He and Gladys gave $250,000 to the Today, Mrs. Culpepper serves as executive Mr. James Heiden to the Easter Seals founda- Children’s Miracle Network Telethon, and director of the Historic Mobile Preservation So- tion of Montgomery County, Pennsylvania. His underwrote the creation of the Neuroscience ciety. Her commitment to community develop- hard work and dedication is appreciated by all Unit at Arkansas Children’s Hospital in Little ment—preservation, education, and innovation whose lives he has touched. Rock, which is named for them. Just eight in enriching the lives of all citizens continues. f years ago, both were also named to the hon- She is committed to developing a regional net- orary board of patrons by the Baptist Medical work of cultural, civic and humanitarian efforts PERSONAL EXPLANATION System Foundation in recognition of their sup- to benefit all residents of south Alabama and port to that organization. continues to be a friend to Monroe County and HON. XAVIER BECERRA Sadly, Elmer Ferguson passed away on Fri- Monroe County Hospital in this endeavor. OF CALIFORNIA day, about a month after Gladys died. They f IN THE HOUSE OF REPRESENTATIVES were great friends of mine, and I will miss them as much as their family, friends, and the Monday, October 30, 2000 PERSONAL EXPLANATION great community of those who ever knew Mr. BECERRA. Mr. Speaker, on October 28 them. On behalf of the Congress, I extend my HON. BOB RILEY and 29, 2000, I was detained with business in deepest sympathies to their family, even as I OF ALABAMA my District, and therefore unable to cast my encourage them to join me in celebrating their IN THE HOUSE OF REPRESENTATIVES votes on roll call numbers 570 through 576. extraordinary lives. Had I been present for the votes, I would have f Monday, October 30, 2000 voted ‘‘yea’’ on roll call votes 570 through 576. Mr. RILEY. Mr. Speaker, I was unavoidably In addition, this morning, I was unavoidably COMMEMORATING NATIONAL detained for rollcall No. 574, a bill approving detained, and therefore unable to cast my BIBLE WEEK, NOVEMBER 19, 2000– the Journal of October 29, 2000. Had I been votes on roll call numbers 577 and 578. Had NOVEMBER 26, 2000 present I would have voted ‘‘yea.’’ Mr. Speak- I been present for the votes, I would have er, I was unavoidably detained for rollcall No. voted ‘‘yea’’ on roll call votes 577 and 578. HON. JIM McDERMOTT 575, H.J. Res. 119, making further continuing f OF WASHINGTON appropriations for fiscal year 2001. Had I been IN THE HOUSE OF REPRESENTATIVES present I would have voted ‘‘yea.’’ Further- TRIBUTE TO ELMER A. FERGUSON Monday, October 30, 2000 more, Mr. Speaker, I was unavoidably de- tained for rollcall No. 576, a motion to instruct HON. MARION BERRY Mr. MCDERMOTT. Mr. Speaker, it is my conferees on the Labor, Health and Human OF ARKANSAS honor to serve as Congressional Co-Chairman Services for fiscal year 2001. Had I been IN THE HOUSE OF REPRESENTATIVES of National Bible Week with Senator CONRAD present I would have voted ‘‘nay.’’ BURNS. It is fitting that National Bible Week Monday, October 30, 2000 f occurs the week of Thanksgiving, a week Mr. BERRY. Mr. Speaker, I rise today to used by many to reflect on the past and give HONORING JAMES HEIDEN pay tribute to a great American, and I am thanks for their blessings. Whether you con- proud to recognize Elmer A. Ferguson in the sider the Bible a book of comfort, guidance, or HON. JOSEPH M. HOEFFEL Congress for his invaluable contributions and literature, I hope this week will be one of re- OF PENNSYLVANIA service to our nation. flection and study of the Bible. IN THE HOUSE OF REPRESENTATIVES Elmer Ferguson distinguished himself I have read and studied the Bible for as through his devotion to his family, friends, and long as I can remember. I memorized pas- Monday, October 30, 2000 community. He was born in DeWitt, Arkansas sages for Sunday school as a child. As an Mr. HOEFFEL. Mr. Speaker, today I con- on September 17th, 1910, the son of a local adult, the Bible has become an important gratulate Mr. James Heiden upon his retire- farmer. His family instilled in him the value of source of guidance.

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 October 30, 2000 EXTENSIONS OF REMARKS 25609 I have always found the Sermon on the gether. It is the first private-sector organization all the best on behalf of the children of Mary- Mount, Matthew 25:31–46, most helpful as a in Maryland authorized to provide adoption land and their families. guide to setting public policy. But even more services for the thousands of older Maryland f important is Matthew 16:26 which says, ‘‘For children who are growing up in public foster what is a man profited, if he shall gain the care. Adoptions Together has helped more TRIBUTE TO THE HONORABLE whole world, and lose his own soul? Or what than 300 children with special medical needs BILL ARCHER shall a man give in exchange for his soul?’’ such as HIV, birth defects, or serious prenatal SPEECH OF This verse is especially relevant to today’s na- drug exposure to become part of loving, per- tional leaders who are increasingly faced with manent families. The organization has pro- HON. F. JAMES SENSENBRENNER, JR. votes of conscience. vided over 10,000 days of care to more than OF WISCONSIN I commend the National Bible Association 300 newborns while their futures were being IN THE HOUSE OF REPRESENTATIVES for setting aside this week to encourage oth- settled. More than 600 children left orphan- Friday, October 27, 2000 ers to read and study the Bible. The Bible has ages and institutions in Eastern Europe, Asia influenced Western art, literature, music, and and Central America to happily join their new Mr. SENSENBRENNER. Mr. Speaker, I rise even our laws. I encourage you to read and adoptive families in Maryland and beyond in today to pay tribute to my friend and col- study it this week. other states. league, the distinguished Chairman of the f Adoptions Together serves the needs of Committee on Ways and Means, BILL ARCHER. both adoptive families and birth parents, offer- Few legislators have the opportunity in their RECOGNITION FOR ADOPTIONS ing programs that can be a model for adoption careers to effect such far-reaching reforms as TOGETHER organizations nationwide. Every birth parent the gentleman from Texas has during his time who has sought the organization’s help has in this body, particularly his years as Chair- HON. CONSTANCE A. MORELLA received free adoption counseling for as long man of the Ways and Means Committee. OF MARYLAND as they wished. Over the past ten years, more As we all know, the Committee on Ways IN THE HOUSE OF REPRESENTATIVES than 5,000 women facing unplanned preg- and Means carries a very heavy legislative nancies have received counseling and other load, dealing each and every year with 100 Monday, October 30, 2000 help, whether or not they chose adoption for percent of our nation’s revenues. BILL ARCHER Mrs. MORELLA. Mr. Speaker, as National their child. At Adoptions Together, birth par- has taken this responsibility very seriously Adoption Month 2000 approaches, I take great ents who are unable to raise their child them- since becoming Chairman in 1994, and his ac- pride in recognizing the exceptional work selves consider adoption as a pro-active plan complishments reflect this. being done by Adoptions Together, a nonprofit for assuring that their child’s needs will be First and foremost, BILL ARCHER left his organization in my Congressional district, on met. mark on legislative history with his work on the behalf of children in need of a permanent, lov- Adoptions Together believes that placing a Balanced Budget Act of 1977. Among it’s ing adoptive home. Since its founding ten child is only the first step in building a strong many provisions, the Balanced Budget Act years ago by Janice Goldwater of Silver adoptive family. Once a child is placed, the gave Americans the first tax cut in 16 years. Spring, Maryland, Adoptions Together has goal becomes helping the family through life- It also helped taxpayers by shifting the burden worked to help all children in need of a home long education, counseling and support. More of proof on tax issues from the taxpayer to the regardless of the child’s age, health, race, than 1,000 families—clients of Adoptions To- Internal Revenue Service. Taxpayers received physical or mental handicap. Adoptions To- gether and many other adoption organiza- new rights and protections in their dealings gether welcomes every child who seeks its tions—have found support and guidance in with the Internal Revenue Service, and the In- help. Adoptions Together’s Center for Adoptive ternal Revenue Service in turn became sub- Many things about adoptions needed to be Families program. More than 500 teachers, ject to the oversight of an independent agen- changed for the better then Janice Goldwater educators, social workers, ministers and thera- cy. began Adoptions Together in 1990. At the pists throughout the country have received However, reforming the Internal Revenue time, there was little hope that medically frag- professional training by Adoptions Together on Service is not BILL ARCHER’s only legacy. He ile infants whose birth families could not care adoption topics. also fought hard and successfully for welfare for them would quickly find their way to loving Today, the need for this organization’s good reform which has resulted in millions of former adoptive homes. African American infants work is greater than ever before. More than welfare beneficiaries leaving the welfare roles waited for years in temporary placements be- 3,000 children in Maryland and the District of and moving back into the workforce. In addi- cause there were so few resources available Columbia are now waiting for a permanent tion, he has worked toward meaningful Social to them. Families who had already adopted home. Increased drug abuse, institutional pov- Security reform, and we know that the ground- had no place to turn when their children asked erty, and the lack of community resources work he laid will help us realize that goal ef- difficult questions and struggled with adoption make Adoptions Together a safety net for fectively. issues. Ms. Goldwater, a licensed clinical so- these children. Fortunately, members of our BILL ARCHER’s legislative accomplishments cial workers, set out to make Adoptions To- community are rallying behind Adoptions speak volumes about his integrity, dedication, gether a place where these difficulties could Together’s efforts. Corporate and private ben- and commitment. These are the characteris- and would be overcome. efactors teamed up September 22 at the tics that have led his constituents to send him The organization that Ms. Goldwater found- Adoptions Together Tenth Anniversary Gala to back to Washington 15 times. These same ed and continues to lead as executive director raise funds that will support Adoptions characteristics are the ones we, his col- has helped change the picture of adoptions in Together’s second decade of care giving. leagues, will miss most when BILL ARCHER re- Maryland and the Washington, DC metropoli- Among those instrumental in this effort were: tires. I join all BILL ARCHER’s friends and col- tan area. Through Adoptions Together, more gala co-chairs Judy Polk of Rockville, Pam leagues in thanking him for his many years of than 1,400 children have been welcomed into Cole Finlay of Bethesda, Jane Philips of How- service and wishing him the best of health and loving, healthy adoptive homes. One homes in ard; television’s Rosie O’Donnell; and cor- happiness in the years to come. particular deserves recognition. Darren and porate sponsors Credit Management Solu- f Laurie Morgan of Burtonsville, Maryland have tions, Inc. (CMSI), Hecht’s, OTG Software, fostered 93 children, adopted one, and raised SFX Entertainment, and Sun Trust. In Novem- SALUTING EARL LLOYD three. Their willingness to open their hearts ber, washingtonpost.com will sponsor an inno- and their homes to so many children is an vative, two-month on-line fundraising effort for HON. JOHN LEWIS amazing kindness that all of us can learn Adoptions Together. With help from these and OF GEORGIA from. The Morgan’s have touched so many other benefactors, a great Maryland nonprofit IN THE HOUSE OF REPRESENTATIVES lives through Adoptions Together and I am organization will begin a new year—its second honored to have them in our community. grade—of loving care giving, welcoming all Monday, October 30, 2000 In addition, older children who have lan- children who turn to Adoptions Together for a Mr. LEWIS of Georgia. Mr. Speaker, on guished for years in foster care are now find- permanent adoptive home. I applaud the past Tuesday, October 31, 2000, the New York ing adoptive homes through Adoptions To- efforts of Adoptions Together and wish them Knicks of the National Basketball Association

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 25610 EXTENSIONS OF REMARKS October 30, 2000 will commemorate 50 years of integration in Celtics are truly equal opportunity employers toward the completion of this peacekeeping the NBA. The Knick’s special guest in Madi- in professional sports. review by the GAO investigators. son Square Garden on this historical evening Halloween night in the NBA would be great In short, we are still waiting for a full expla- will be Mr. Earl Lloyd. Mr. Lloyd was the first if the N.Y. Knicks were hosting the rest of the nation of what went wrong in the course of the African American player to participate in an league’s players. They all could learn a little Department’s response to this investigation, NBA game. Drafted by the Washington Cap- history and then be treated and introduced to and we are hopeful that key Department offi- itols, Mr. Lloyd made his NBA debut against a man who does not have a problem with cials will meet with the members of our Com- the Rochester Royals on October 31, 1950. being called a role model. Mr. Lloyd made it mittee later this week to review the Depart- There were two other players making their de- all possible for today’s NBA black players and ment’s response to this long overdue GAO re- buts the following day. Chuck Copper was the thousands of others like them. Earl Lloyd was port. first choice of Red Auerbach and the Boston Number One in 1950 and he is still Number I submit the full text of H. Res. 664 to be in- Celtics. Nat ‘‘Sweetwater’’ Clifton’s contract One in the New Millennium 2000. cluded in the RECORD: was bought by the New York Knicks from the f H. RES. 664 Harlem Globe Trotters. Earl Lloyd grew up on RESOLUTION the other side of the 14th Street Bridge in the GAO INVESTIGATION OF ADMINIS- TRATION’S POLICY TOWARD UN Expressing the sense of the House of Rep- shadows of the White House in Alexandria, resentatives regarding the Clinton Ad- Virginia. He was an all around athlete at PEACEKEEPING OPERATIONS, IN- ministration’s lack of cooperation and Parker Gray High School. He excelled in foot- TRODUCTION OF H. RES. 664 efforts to impede the investigation by ball, basketball and baseball. It was on the the General Accounting Office into the Banneker and Park View playgrounds in HON. BENJAMIN A. GILMAN implementation of United States policy toward United Nations peacekeeping op- Washington, D.C. that he developed his game. OF NEW YORK erations. Mr. Lloyd and his friend the legendary running IN THE HOUSE OF REPRESENTATIVES Whereas at the request of the Chairman and back of Parker Gray and West Virginia State Monday, October 30, 2000 the ranking member of the Committee Bubba Ellis would make regular walks across on International Relations, the United the 14th Street bridge into the Nation’s Capital Mr. GILMAN. Mr. Speaker, today I am intro- States General Accounting Office (GAO) for pickup basketball, D.C. playground style— ducing a resolution, H. Res. 664, expressing initiated a review on March 23, 2000, of no holds barred! the sense of the House regarding the Clinton the executive branch’s application of Mr. Lloyd would graduate from high school Administration’s lack of cooperation and efforts United States policy in the approval of with honors and as one of the school’s great- to impede the ongoing investigation by the new or expanded United Nations peace- keeping operations in East Timor, est athletes. He would matriculate to West Vir- General Accounting Office into the implemen- tation of United States policy toward United Kosovo, Sierra Leone, and the Demo- ginia State on a basketball scholarship. In col- cratic Republic of the Congo; lege he was named to the All-American team Nations peacekeeping operations. Whereas in the course of this 7-month long and here he would leave a lasting impression Since March of this year, the GAO has been investigation into the Presidential Deci- on his opponents. Hall of Fame attempting to provide the Congress with its re- sion Directive 25 (PDD–25) process, pro- In 1950 Mr. Lloyd was also drafted by an- port on the Administration’s Peacekeeping viding guidance for making choices other team the United States Army! On Hal- Policy Blueprint, examining how the Adminis- about which United Nations operations loween night after serving his military time Mr. tration has applied its Presidential Decision Di- the United States will support, the GAO Lloyd returned to make professional basketball rective 25 policy blueprint for four key UN encountered substantial problems in ob- peacekeeping operations, including those in taining access to records pertinent to its history. The Washington Capitols would play review; the Rochester Royals. In the stands that night East Imor, Kosovo, Sierra Leone and the Whereas PDD–25 directs officials to consider would be Mr. Lloyd’s proud mother. Mrs. Lloyd Democratic Republic of the Congo. whether such operations serve United was sitting directly in front of two fans who ac- The International Relations Committee was States national interests and have time- knowledged that Mr. Lloyd was the first black, briefed on two occasions this month by the tables for the completion of their man- but could the Nigger play? Without missing a GAO Deputy Comptroller General, Mr. Henry dates, clear exit strategies, integrated beat Mrs. Lloyd turned and looked the two Hinton, on the status of the General Account- political and military strategies, speci- fans directly in their eyes and said ‘‘Take my ing Office study on the process whereby the fied troop levels, and firm budget esti- U.S. approves U.N. and other multilateral mates; word for it, the Nigger can play.’’ Whereas the State Department withheld in- NBA legendary coach Arnold ‘‘Red’’ Peace Operations and provides timely and rel- formation from GAO investigators for Auerbach of the Boston Celtics says, ‘‘Earl evant information to Congress concerning their months about the existence of numerous blocked shots and played defense like there implementation. PDD–25 documents and the GAO still be- was no tomorrow.’’ Red should know. Earl This report was requested late last year by lieves that there are additional docu- Lloyd led the Syracuse Nationals team that this Committee on a bipartisan basis and fol- ments in department files that have a di- eliminated the Boston Celtics from the 1955 lows a number of similar GAO reports on rect bearing on the investigation; playoffs. The Nationals would go on to capture peacekeeping-related topics conducted over Whereas the National Security Council is in the past several years on a timely basis and possession of 26 remaining documents their one and only NBA Championship. 1955 and memorandums which have only re- was a good year. Mr. Lloyd and teammate Jim with the cooperation of the Administration. cently been shown to GAO investigators Tucker would become the first African Ameri- It is my understanding that the GAO still in heavily redacted form; and cans to play on an NBA Championship team. lacks access to some 26 key documents as Whereas in past assignments the GAO has A 1994 Sports Illustrated Magazine article well as full and independent access to agency had access to this type of information read, ‘‘In the NBA Mr. Lloyd was records needed to complete its work. Further- and used it to report to Congress on simi- In May 1993 he was inducted into the Vir- more, during the course of this investigation, lar peacekeeping policy issues without ginia Sports Hall of Fame in Portsmouth, Vir- its access to key documents has been re- damaging the deliberative process on op- ginia. In 1998 twenty-eight years after being stricted, delayed or sometimes denied in a erations of the government: Now, there- fore, be it selected to the 25th Anniversary All-Time way that would appear designed to undercut Resolved, That it is the sense of the House Great CIAA Team Mr. Lloyd was inducted into its objectives. With no independent access to of Representatives that after seven months the CIAA Hall of Fame. records, the GAO feels that the integrity and of delay the Administration should stop im- Earl Lloyd has always made it clear where reliability of its work has been compromised. peding the investigation by the General Ac- the credit belongs for his NBA success story. The GAO investigators have produced an counting Office into how it has applied its He says, ‘‘If it had not been for Red Auerbach extensive summary of their communications peacekeeping policy process to several ongo- and the Boston Celtics, we may still be trying with the Administration which is now publicly ing United Nations peacekeeping operation to get into the NBA. The Celtics were the first available. and that the following recommendations would help to bring the investigation to a to draft a Black player, the first to put five While the work of the GAO in this area is successful conclusion: Black players on the floor at the same time, not yet complete, it is becoming clear that the (1) The President is urged to direct the the first to hire a Black coach and the first to Administration—particularly the State Depart- Secretary of State and all other relevant hire a Black General Manager.’’ The Boston ment—has yet to take a cooperative attitude government officials to cooperate fully with

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR00\E30OC0.000 E30OC0 October 30, 2000 EXTENSIONS OF REMARKS 25611 the investigation, including prompt compli- 169), the Fathers Count Act of 1999 (H.R. care needs of terminally ill patients and their ance with outstanding document requests 3073), and the Child Support Distribution Act families. We enhanced Americans’ access to and full cooperation with the efforts of the of 2000 (H.R. 4678). The positive influence of safe, abundant, and affordable food and Committee on International Relations to convene a briefing with State Department Ron’s presence here on Capital Hill will be felt water. In the Food and Drug Modernization officials on this matter. long after he’s moved on to new endeavors Act of 1997, we enacted measures which (2) The GAO should consider taking en- and by millions of families who will never know have significantly cut down the waiting time at forcement action against the Administration his name. the FDA for approval of new medicines. As a for any continuing failure to provide re- Before joining the Committee staff, Ron was result, many patients will have access to life quested documents. a U.S. Marine, a high school teacher, and a saving drugs much quicker. Our Republican (3) The Administration should provide to professor at the University of North Carolina at Congress also passed landmark legislation in the GAO the full text of any documents, pol- Chapel Hill. In addition to working for the 1997 that established the Medicare+Choice icy papers or memorandums that it has agreed to make available to any other mem- Committee, Ron is a devoted father and hus- Program and the State Children’s Health In- ber country of the United Nations General band, a prolific writer, an outstanding public surance Program. Under our legislation, low- Assembly. speaker, a man of strong principles, one of the income children will have expanded access to (4) The Administration should cooperate most honest people either of us has ever met, quality health care coverage. Democrats fully with the GAO and with Congress in and a true friend. talked about that for years; it took a Repub- their efforts to oversee future United States As he embarks on the next chapter of his lican Congress to make it happen. participation in United Nations or other life, we wish Ron well and know that he will We enhanced the Birth Defects Prevention multilateral peacekeeping operations. be a great success in any endeavor he under- Program, reauthorized the National Bone Mar- f takes. We will always be grateful to him for his row Registry, reauthorized Mammography fine service, his good cheer, his high energy, Quality Standards, and enhanced Women’s HONORING RON HASKINS and his excellent advice. Health Research and Prevention. f That’s a pretty strong record for public HON. NANCY L. JOHNSON health. OF CONNECTICUT THE PUBLIC HEALTH ACCOM- Now let’s look at the 106th Congress. Here IN THE HOUSE OF REPRESENTATIVES PLISHMENTS OF THE REPUB- are a number of public health provisions that LICAN CONGRESS Monday, October 30, 2000 are already enacted into law: the Nursing Home Resident Protection Amendments, and Mrs. JOHNSON of Connecticut. Mr. Speak- HON. TOM BLILEY the Medicare, Medicaid, & SCHIP Balanced er, as the 106th Congress comes to a close, OF VIRGINIA Budget Refinement Act. Under this Act— my colleague Mr. SHAW and I pay tribute to IN THE HOUSE OF REPRESENTATIVES Hospitals received an additional $7.3 billion; Dr. Ron Haskins, Staff Director of the Ways Skilled nursing facilities received over $2 bil- Monday, October 30, 2000 and Means Subcommittee on Human Re- lion; sources. Ron will leave the Committee at the Mr. BLILEY. Mr. Speaker, some of my col- Home health agencies received an addi- end of this year and he will be sorely missed leagues on the other side of the aisle have de- tional $1.3 billion; by the Members of the Committee and the cided to do a little distortion for Halloween Health plans participating in the many staff who have worked with him over the about the record of the Republican-led Con- Medicare+Choice program received an addi- years. gress. Let’s make a comparison based on the tional $1.9 billion; Since joining the Ways and Means staff in facts. Nearly $1 billion in additional monies were 1986, Ron’s hard work, intelligence, quick As we all remember, the Democrat-led provided for the Medicaid and State Children’s thinking, and unique personality have made 103rd Congress was a not a success for pub- Health Insurance Programs; and, him a strong force in the Congressional proc- lic health in this country. As Congressional $150 million was provided to ensure that ess as we have worked to improve the lives Quarterly noted, ‘‘Clinton’’ had presented his organ transplant recipients could continue to of children and families. His ability to truly un- health care plan—crafted under the direction receive access to immunosuppressive drugs. derstand the diverse points of view of people of First Lady Hillary Rodham Clinton in a mas- We also enacted into law the Health Re- intensely interested in a problem has made sive, secret and much-criticized task force search and Quality Act, and the Work Incen- action possible where others would have process . . . the bill was immensely complex. tives Improvement Act. This law was spon- failed. . . . The committee system, designed to re- sored by Mr. LAZIO and expands the avail- Once he became Staff Director in 1995, solve both the policy and political problems of ability of health care coverage for workers with Ron put his extensive knowledge of the na- legislation, broke down entirely . . . For all disabilities. Add to this list the Date-Rape Pre- tion’s welfare system to use by working with their work, not one committee had managed to vention Drug Act and the Children’s Health Act Chairman E. CLAY SHAW to develop and pass write a health care bill that the leadership was of 2000, which increases and intensifies re- legislation overhauling the system. Despite willing to bring to the floor. . . .’’ search on and programs for autism, juvenile two Presidential vetoes, Ron successfully With the Democrat leadership resorting to diabetes, asthma, prevention of birth defects, urged Republican Members to continue to scare tactics in the past few days, it might epilepsy, infant health, pediatric research, push for welfare reform. On August 22, 1996, bode well for the American people to remem- skeletal malignancies, adoption awareness, the welfare reform bill finally became law (P.L. ber their record healthy start, traumatic injuries and auto- 104–193). The sweep of this reform has been The Republican-led Congress has been ac- immune diseases. This Act also reauthorizes spectacular, resulting in dramatically reduced tive and provided real public health improve- the Substance Abuse and Mental Health Serv- child poverty, increased numbers of working ments for the American people. In the prior ices Administration and improves drug addic- single parents, and families living improved two Congresses, we have empowered states tion treatment programs. lives with both more income and real hope. and localities to meet the health care and nu- Add to this list the Ryan White CARE Act of Three years later in 1999 the Speaker of the tritional needs of two-income residents, and 2000, which provides funding for those suf- House, J. DENNIS HASTERT, spoke of the ac- provided relief to those hardest hit by the fering with AIDS, the Breast and Cervical Can- complishments of welfare reform: ‘‘we’ve bro- AIDS epidemic. We provided portability so cer Prevention and Treatment Act, and the ken the mold from a lifestyle of generational working Americans can change jobs without Developmental Disabilities Assistance and Bill welfare dependency. In turn, we’ve created a risking the loss of their health care insurance of Rights Act of 2000. path to the American dream which holds more due to a preexisting condition. This was a fun- Those bills that have already been enacted personal security and more control for individ- damental change that the Democrats weren’t are a solid record but we have even more that uals over their own lives.’’ able to get done on their watch. are sent or being sent to the President. This In 1999, Representative NANCY L. JOHNSON Our Republican led Congress has also includes the Public Health Improvements Act. took over as Subcommittee Chair. Since then reined in health care fraud and abuse, elimi- This bill was sent to the President containing Ron has continued to have a major role in de- nated tax code discrimination against millions the following provisions which are bipartisan veloping important legislation including the of small businesses and the self-employed efforts: Foster Care Independence Act (P.L. 106– and provided tax relief for the long-term health Public Health Threats and Emergencies Act;

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 25612 EXTENSIONS OF REMARKS October 30, 2000 Clinical Research Enhancement Act; a huge implementation burden on the Federal CHINA AND PNTR: SUCCESS Twenty-First Century Research Laboratories government. We need to find a middle road on STORIES NEEDED Act; this. Cardiac Arrest Survival Act; Finally, we cannot understand the failure of HON. EVA M. CLAYTON Rural Access to Emergency Devices Act; the White House and Democrat leadership to OF NORTH CAROLINA Lupus Research and Care Act; support provisions which provide choice, ac- IN THE HOUSE OF REPRESENTATIVES Prostate Cancer Research and Protection cess and tax deductions to help increase the Monday, October 30, 2000 Act; number of people with health insurance. There Organ Procurement Organization Certifi- are over 40 million uninsured people in Amer- Mrs. CLAYTON. Mr. Speaker, one of the cation Act; ica. The Republican-led Congress has passed truly momentous decisions reached by this Sexually Transmitted Disease Clinical Re- serious proposals to address this problem and Congress was to approve Permanent Normal search and Training; and, they are being ignored by the White House. Trade Relations with China. Supporters of PNTR worked very hard to achieve this out- Alzheimer’s Disease Clinical Research and When Democrats sent a letter to Senator come, which held out so much promise for the Training. NICKLES in early summer saying that they development of stronger trade and business We are also sending to the President the would no longer meet with him in private con- ties between China and the United States. Medicare, Medicaid, and S–CHIP Benefits Im- ference, that was not a good sign. Obviously, Now, the major challenge facing both coun- provement & Protection Act. This Act in- you can’t negotiate through the press and you tries will be to show positive results that justify creases preventive benefits, including glau- can’t negotiate if you do not meet. such extraordinary efforts and faith in the fu- coma screening, medical nutrition therapy, The plain fact is that the Republican-led colonoscopy, and biennial pap smears, limits ture. Congresses have been energetic, productive, Like many of my colleagues, I voted for beneficiary exposure to hospital outpatient and responsible on public health. The many charges, increases payments to providers PNTR and view with hope the potential for bipartisan accomplishments are a tribute to mutual benefits. For that reason, it concerns under the Medicare and Medicaid programs, both Democrat and Republicans. We have en- adjusts the allocation formula under the State me to learn of examples where American acted legislation that improves Americans’ ac- companies have encountered unexpected dif- Children Health Insurance Program (SCHIP), cess to quality health care. Under our pro- and provides $475 million for the Ricky Ray ficulties in trying to do business in China. One posals, our country’s commitment to basic such distressing case of which I am aware in- Hemophilia Trust Fund. medical research has been expanded and our These are real and meaningful bipartisan volves Panda Energy. Panda is a Dallas- promises to provide high quality to seniors and headquartered company with a significant gas- accomplishments. the most vulnerable in our society kept. Distor- There are other important bills we have not fired cogeneration power plant located in Roa- tion of this record is not helpful and will only noke Rapids, North Carolina, within my Con- been able to reach consensus on. That should risk jeopardizing future gains. not be an excuse for dismissing the many gressional district. Based upon an earlier public health accomplishments of the Repub- agreement reached with the local Chinese f lican-led Congress. Nor should we easily for- government, in 1995, Panda began construc- get the failure of the Hillary-care Congress. NATIONAL LUPUS AWARENESS tion of a major, private, foreign-invested plant We have heard that Republicans are not for MONTH near Tangshan in Hebei Province. unfortu- a real patients bill of rights. That is false. In- nately, while that facility is now completed and deed, the distortion from AL GORE and the ready to commence generating electricity, it is White House is the problem. Republicans HON. ILEANA ROS-LEHTINEN still not operational. Why? Because the local have voted for legislation both to increase ac- OF FLORIDA government has failed to honor its agreement cess to insurance and to provide for HMO re- IN THE HOUSE OF REPRESENTATIVES to grant a reasonable tariff computed on a ne- form. The Vice President erroneously claimed Monday, October 30, 2000 gotiated formula. The situation is even more in his last debate that Republicans opposed complicated and troubling in its implications, an enforceable, independent external review Ms. ROS-LEHTINEN. Mr. Speaker, Lupus is because construction of the facility was fi- board. He also claimed that Republicans op- a chronic, autoimmune disease which causes nanced through the U.S. capital markets in posed emergency room and access to special- inflammation of various parts of the body. good faith reliance on this agreement. Unless ists provisions. That is nonsense and distorts Lupus is not rare. In fact, it is more preva- a fair tariff is granted soon, the bonds are in our record. lent than AIDS, sickle cell anemia, cerebral danger of default, putting at financial risk not Republicans have voted for legislation that palsy, multiple sclerosis and cystic fibrosis only the investors but also the company. provides an enforceable independent external combined. Lupus affects 1 out of 185 Ameri- Mr. Speaker, Panda’s experience in China review board for benefits denials. This will cans, and almost 30% of the Lupus cases in is disappointing and contrary to the spirit of make sure health care professionals make Florida are found within my South Florida re- PNTR. Therefore, I would urge the Beijing medical decisions and that we don’t resort to gion. government and its Ambassador to the U.S., unnecessary litigation. This month we celebrate National Lupus His Excellency Li Zhao Xing, to review this sit- Republicans have also supported the patient Awarness Month. uation carefully and do everything possible to protections which included the emergency And, I congratulate The Lupus Foundation find a fair and workable solution. It is not too room issue and access to specialist issues Mr. of America for its work on patient education, late to avoid an unnecessarily negative prece- GORE mentioned. We have basic bipartisan and dedication to raise funds for research. dent that could undermine high hopes raised agreement on these issues and could easily I especially congratulate J. Reeve Bright, by passage of the PTNR legislation. have such legislation alone. Chairman of the Board of the Lupus Founda- f tion of America and President of the South- Let’s look at the remaining disagreements. PERSONAL EXPLANATION The White House and the trial lawyers want east Florida region; Jack McAllister, the Exec- uncapped liability and litigation. Employers utive Director; Jackie Brown, and all who around the country are opposed to these fea- helped arrange an educational symposium in HON. JIM KOLBE OF ARIZONA tures of Norwood-Dingell because they would my district this month. IN THE HOUSE OF REPRESENTATIVES increase litigation, drive up costs, and would The House passed a bill that provides re- force many employers to drop health insur- search and services to fight Lupus. As a co- Monday, October 30, 2000 ance. That is the opposite of what we want. sponsor, I thank my dear colleague, Con- Mr. KOLBE. Mr. Speaker, on October 28, We are also concerned about interfering gresswoman CARRIE MEEK, for the Lupus leg- 2000, I was unavoidably absent when the with State patient protection programs. We islation and for her dedication in seeing it House voted on ‘‘Approving the Journal’’, H.J. need to make sure that States can implement through. Res. 118, ‘‘Further Continuing Appropriations their own programs where they want to with- This represented a great victory in women’s for FY 2001’’, and two Motions to Instruct on out federal interference and disruption to pro- health care, and it is our wish that this triumph H.R. 4577. grams that are already in place. Norwood-Din- will generate countless benefits for American Had I been present, I would have voted gell does not address this problem and places men and women who suffer from Lupus. ‘‘aye’’ on ‘‘Approving the Journal’’ (rollcall vote

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR00\E30OC0.000 E30OC0 October 30, 2000 EXTENSIONS OF REMARKS 25613 570), ‘‘aye’’ on H.J. Res. 118 (rollcall vote RECOGNIZING THE DISTINGUISHED MEDICARE AND MEDICAID 571), ‘‘nay’’ on the first motion to instruct con- HEROES OF THE 1944 ATTACK ON IMPROVEMENTS ferees (rollcall vote 572), and ‘‘nay’’ on the THE U.S.S. LANSDALE second motion to instruct conferees (rollcall HON. FORTNEY PETE STARK vote 573). HON. CHARLES B. RANGEL OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES On October 29, 2000, I was also unavoid- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ably absent when the House voted on ‘‘Ap- Monday, October 30, 2000 proving the Journal’’ H.J. Res. 119 ‘‘Further Monday, October 30, 2000 Mr. STARK. Mr. Speaker, for the RECORD, I Continuing Appropriations for FY 2001’’, and a Mr. RANGEL. Mr. Speaker, it is my honor to submit a letter signed by 133 Members sent to Motion to Instruct on H.R. 4577. recognize a group of twenty distinguished Speaker HASTERT in support of improvements to the Medicare/Medicaid amendments of Had I been present, I would have voted American World War II veterans, the survivors of the U.S.S. Lansdale. Fifty-six and a half 2000 and the need for an open, fair, demo- ‘‘aye’’ on ‘‘Approving the Journal’’ (rollcall vote years ago, on April 20, 1944, these fine he- cratic process. 574), ‘‘aye’’ on H.J. Res. 119 (rollcall vote roes survived the tragic German aerial torpedo If the requests in this letter had been fol- 575) and ‘‘nay’’ on the motion to instruct con- attack that sank the U.S.S. Lansdale. lowed, the quality of the bill passed by the ferees (rollcall vote 576). I join the survivors in honoring the memory House on October 26, 2000 would undoubt- of the forty-seven crew members who sac- edly have been better and the veto threat may f rificed their lives that fateful day. They will all have been avoided. be remembered at the World War II Memorial, CONGRESS OF THE UNITED STATES, IN SPECIAL RECOGNITION OF DR. where construction is scheduled to begin Sat- HOUSE OF REPRESENTATIVES, NINO CAMARDESE AND MEM- urday, November 11, 2000. Washington, DC, October 11, 2000. BERS OF THE OHIO GENERAL The U.S.S. Lansdale was on convoy duty Hon. DENNIS HASTERT, Speaker of the House of Representatives, Speak- ASSEMBLY FOR THEIR EFFORTS protecting ships transporting men and mate- TO INSTILL A SENSE OF CITI- er’s Office, The Capitol. rials to the Italian campaign when a group of DEAR MR. SPEAKER: As Democratic Mem- ZENSHIP IN OHIO’S YOUTH German warplanes attacked off the Algerian bers of the House of Representatives, we are coast. The ship was nearly split in half by the deeply concerned about reports that the full second torpedo fired after dodging the first House may not be given the opportunity to HON. PAUL E. GILLMOR one. The Coast Guard was able to rescue 235 offer amendments to the Medicare legisla- survivors from the surrounding waters. Among tion which has been reported by the full OF OHIO Commerce Committee and by the Ways and these men was my very dear friend and long IN THE HOUSE OF REPRESENTATIVES Means Health Subcommittee. time New York County District Attorney, the We further understand that these two bills Monday, October 30, 2000 Honorable Robert J. Morgethau, who served are being melded together without any in- as the Lansdale’s Executive Officer and Navi- volvement of Democratic Members or staff, Mr. GILLMOR. Mr. Speaker, today, I recog- gator. and we are very concerned that the House nize the efforts of Dr. Nino Camardese of Nor- It is with great pride that I acknowledge this will be asked to vote quickly on a final bill group of Americans who demonstrated tre- which we have not seen or been involved walk, Ohio and a bipartisan group of State with. Representatives in the Ohio general Assem- mendous courage and commitment to our fine Therefore, we ask that you schedule this bly. Recently, legislation was introduced in the nation. Their legacy, both to our country and legislation (which spends roughly $25 billion to the protection of democracy the world over, Ohio General Assembly that calls for a ‘‘bill of dollars over the next five years) for at least will not be forgotten. Please join me in my several hours of debate and with a rule that Responsibilities’’ which outlines a student’s praise of the following gentlemen who will con- allows a number of amendments. civic responsibility to the state of Ohio and the vene here in Washington over Veterans Day We note that the two Committees’ bills Nation to be posted in each school. This Bill weekend for the World War II Memorial have many excellent features, particularly of Responsibilities was developed by Dr. Nino ground breaking ceremony: those sections that directly help bene- Camardese, a family physician in Norwalk, ficiaries. In particular, the various bills Edward S. Brookes of Philadelphia, Penn- speed relief from the high co-payment bur- Ohio. Dr. Camardese recognized that there is sylvania. dens of hospital outpatient department serv- a definitive correlation between freedom and Alvin S. Caplan of New Orleans, Louisiana. ices, help legal immigrants and their chil- responsibility. He also noted that many school- Mr. Rod Dugger of Milton, Florida. dren under Medicaid, cover glaucoma screen- children overlook this fact. Angelo Di Palma of Providence, Rhode Is- ing, permanently cover immuno-suppressive land. drugs for organ transplant patients, help the Dr. Camardese, with the assistance of lead- Robert Dott of Philadelphia, Pennsylvania. low-income receive Medicare premium and ers and educators at a Freedom Forum con- John L. Eden of Abingdon, Virginia. co-payment relief, and make many other im- ference, drafted the Bill of Responsibilities, Marshall Geller of Ocean Hills, California. portant program improvements. We hope which seeks to remind students that citizen- that these important improvements will not Peter P. Jannotti of Jacksonville, Florida. be squeezed out, and that the final bill will ship is an essential part of liberty. The bill re- Al Macklin of Winston-Salem, North Caro- retain these excellent features. We are cer- inforces the fact that students must be good lina. tain that the final bill will receive the strong citizens, responsible not only to themselves, Raymond A. Miller of Watertown, Massa- support of a majority of our Caucus. but to others as well. chusetts. Still, adequate and open floor debate is es- Ben Montenegro of Ashland, Massachu- sential, because this is the last chance for Recently, several members of the Ohio setts. this Congress to consider adding a real pre- General Assembly drafted a resolution that Robert M. Morgenthau of New York, New scription drug program to Medicare. An open would post the Bill of Responsibilities in each debate would allow Members to include the York. type of Medicare prescription medicine pro- classroom across Ohio. I would like to honor John A. Peterson of Seaside Park, New Jer- gram the American people want. It is uncon- the efforts of Representatives Bill Taylor, Dixie sey. scionable for this Congress to adjourn with- Allen, Sylvester Patton and Ron Young, and Edward Rubinstein of Sun Lakes, Arizona. out addressing the prescription medicine cri- recognize the leadership they demonstrated in George Shanabrough of Dallastown, Penn- sis facing so many of our senior and disabled introducing this important legislation in Ohio. sylvania. citizens. If the House can meet many of the George T. Sinclair of Norfolk, Virginia. legitimate needs of health care providers, it Mr. Speaker, Dr. Camardese and these Peter J. Soler of Cicero, New York. can certainly also address the needs of Medi- Representatives have taken a monumental John Tweedie of Horse Shore, North Caro- care beneficiaries. To adjourn giving billions step to stop the downward spiral of violence, to managed care plans, but failing to help all lina. seniors with prescription drugs costs would substance abuse and apathy present in far too Philip Waldron of Lexington, Massachusetts. be shameful. many of this nation’s youth. I commend them Charles C. Wales of West Stockbridge, We would like to provide a completely vol- for their efforts. Massachusetts. untary prescription medicine benefit within

VerDate Aug 04 2004 10:38 Jan 17, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR00\E30OC0.000 E30OC0 25614 EXTENSIONS OF REMARKS October 30, 2000 the traditional Medicare program. Our plan nies, by delaying the implementation of allow such changes should go to traditional has no deductible, covers half the cost of more accurate non-chemotherapy drug prices providers and the seniors and the disabled medicines up to $2000 in the first year, gradu- which have become available as a result of whom Medicare is designed to serve. ally rising to $5000 by 2009. Any beneficiary an extensive investigation by the Justice De- Thank you for your consideration of these who has out-of-pocket costs greater than partment. $4000 would be fully protected against fur- In addition to the prescription drug requests. This Congress must not adjourn ther catastrophic pharmaceutical expenses. amendment, various Members in the Demo- without addressing the need to help health Premiums for this voluntary program are $25 cratic Caucus would like to offer amend- care providers with the unintended impacts a month in the first year, and will gradually ments to provide more balance to the bill: by of the Balanced Budget Act of 1997; the need increase as the benefit increases. All seniors ensuring that it includes additional bene- for seniors and the disabled to afford nec- would be assisted with price discounts on all ficiary protections and improvements; by en- essary pharmaceuticals; and improvements of their medicine purchases and low-income suring that it includes additional beneficiary in the Medicare and Medicaid program to fill seniors would be fully protected. According protections and improvements; by requiring gap in care for the disabled and homebound, to the Congressional Budget Office, this pro- HMOs to be more accountable to enrollees in in the cost of treatments, and in covering posal would cover almost all seniors, where- exchange for the higher payments in the bill, modern, preventive care services. as the bill which passed the House this sum- and by doing more for hospitals, nursing Sincerely, mer leaves 7.8 million Medicare beneficiaries homes and other traditional providers and John D. Dingell, Ranking Democrat (one-in-five) unprotected. less for HMOs. We believe the reported bills Committee on Commerce, Richard A. It is particularly ironic that the Ways and give a disproportionate amount of relief to Gephardt, Democratic Leader; Charles Means Health Subcommittee bill does not in- HMOs. The Majority’s decision to give HMOs B. Rangel, Ranking Democrat Com- clude a prescription drug bill for seniors, but so much should not prevent us from giving mittee on Ways and Means; David E. provides hundreds of millions of dollars in adequate relief to other deserving providers. Bonior, Democratic Whip; Ed Markey, extra payments to pharmaceutical compa- We believe that more of the surpluses which and 124 others.

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